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HomeMy WebLinkAboutRESOLUTIONSRESOLUTION 19-88 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING VEHICLE AND EQUIPMENT PURCHASES FOR THE TOWNS COMMUNITY RESOURCES AND PUBLIC WORKS DEPARTMENTS WHEREAS, pursuant to § 31.45-302, C.R.S., the financial powers of the Town of Firestone ("Town") include the power to control the finances and property of the Town and appropriate money for municipal purposes; and WHEREAS, the Board of Trustees desires to authorize staffs purchase of vehicle and equipment which is necessary for the Community Resources Department ("CRD") and Public Works Department ("PWD") in the performance of their Parks, Irrigation and Stormwater duties; and WHEREAS, CRD and PWD will purchase the vehicles and equipment identified below for an amount not to exceed $175,200.00; and WHEREAS, the Board of Trustees approves payment of the amounts set forth for the following items: • Hustler Super Z HD 60" Mowers (Qty 2) $14,000.00/each • Exmark Sprayer/Spreader $8,000.00 • Exmark Aerator $9,000.00 • Toro Pro Sweep $13,000.00 • Workman HDX $26,000.00 • Boss Spreader for UTV's (Qty 2) $3,900.00/each • Heavy Equipment Trailer 2016, • HydroTek Mobile Wash Skid $10,000.00 • Maxey 14' trailer 70PI-X $4,500.00 • Maxey 20' trailer 70PI-X $4,800.00 • Bobcat MT85 Mini Track Loader $31,000.00 • Alamo Rear Mounted Boom Mower $27,000.00 WHEREAS, the Board of Trustees finds that the purchase of the vehicles and equipment as described herein is in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed purchase of vehicles and equipment for the Community Resources Department and Public Works Department as set forth in this Resolution. INTRODUCED, READ AND ADOPTED this 25th day of September, 2019. TOWN OF FIRESTONE, COLORADO 1 :s�9 ATTEST: WE Leah Vanarsdall, Town Clerk P V D AS TO FORM: Willia yashi, Town Attorney RESOLUTION 19-87 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND FIRESTONE RAILS, LLC FOR A POTABLE WATERLINE EASEMENT WHEREAS, on July 10, 2019, the Board of Trustees of the Town of Firestone ("Town"), by Ordinance No. 954, determined and declared that acquiring certain property rights from the owners thereof —namely, a non-exclusive, perpetual easement (the "Easement") —was necessary and required to operate and maintain a water pipeline for the conveyance of potable water, as part of the Town's municipal water supply system; and WHEREAS, Ordinance No. 954 authorized the acquisition by eminent domain of the Easement, as well as the Town Manager to negotiate with the fee simple owner of the Easement, Firestone Rails, LLC ("Owner"), to voluntarily acquire the Easement; and WHEREAS, in accordance with Ordinance No. 954, the Town Manager has negotiated in good faith with Owner, and the Town Manager and Owner have reached an agreement as to the total compensation to be paid to Owner for the Easement, including any damages, interest, costs and attorney's fees, along with the terms and conditions of the Easement, as contained in the Waterline Easement and Agreement, attached hereto as Exhibit A; and WHEREAS, because the acquisition of the Easement is required to provide, operate and maintain the waterline in a timely manner, the Town desires to ratify the agreement negotiated by the Town Manager for the acquisition of the Easement. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby approves and authorizes the agreement negotiated by the Town Manager for the acquisition of a non-exclusive, perpetual easement from Firestone Rails, LLC, for the purchase price of $28, 764.00. Section 2. The Waterline Easement and Agreement between the Town of Firestone and Firestone Rails, LLC is approved in substantially the same form as the copy attached hereto as Exhibit A and made a part of this resolution. The Mayor is authorized to execute the Agreement on behalf of the Town and to sign any and all document necessary to complete the transaction on behalf of the Town. INTRODUCED, READ AND ADOPTED this 9th day of October, 2019. ''` ­ T G�kN OF FIRESTONE, COLORADO 4 iMAi Sindel ayor 10 �OUNT`f , GOv ATTE�STT: a�e Leah Vanarsdall, Town Clerk 10 O PRO AS TO FORM: < fo WilfiaVV. Payashi, Town Attorney 4531720 Pages: 1 of 11 10/11/2019 04:19 PM R Fee:$63.00 Carly Koppes, Clark and Recorder, Weld County, Co till K11111 1%YWAR I 1 VVIMM11111AILA 11111 WATERLINE EASEMENT THIS WATERLINE EASENIFNT AND AGREEMENT ("Agreement") is made and entered into this q-�K day of (�C NCKr , 2019 (the "Effective Date"), by and between STONE RAILS, LLC, a Colorado limited liability company, whose address is 1�4 Manooto %051- , ("Grantor"), and THE TOWN OFFIRESTONE, COLORADO, a municipal corporation, whose mailing address, for purposes of this Agreement, is 151 Grant Ave., Firestone, Colorado 80520 ("Grantee"). I. Grantor's Property. Grantor is the owner of that certain parcel of real property located in Weld County, Colorado, as legally described in Exhibit A (the 'Property'). 2. Grant of Permanent Easement. For and in consideration of the covenants and agreements set forth herein, the subs of TWENTY EIGHT THOUSAND, SEVEN HUNDRED AND SIXTY-FOUR DOLLARS ($28,764.00), and other good and valuable consideration, the receipt and adequacy of which Grantor acknowledges, the Grantor grants, sells and conveys to the Grantee, its successors and assigns, a non-exclusive, permanent easement (the "Permanent Easement") on, over, under and across the Property as described more fully on Exhibit B, attached to and made a part of this Agreement (the `Basement Area"), subject to the conditions and restrictions set forth below. 3. Purpose and Uses of Permanent Easement. Grantee may use the Permanent Easement: (a) to construct, install, access, operate, maintain, repair, replace, inspect and remove at any time and from time to time an approximately 12" diameter underground pipeline and other underground appurtenant structures and facilities, including without limitation, valves, valve boxes, fittings, and thrust restraint (the ".Improvements",) for theconveyance and distribution of potable water upon, across, over, under, through and within the Easement Area; (b) to replace and remove at any time and from time to time the Improvements constructed hereunder either in the original location or at any alternate locations within the Easement Area, generally consistent with the intended purposes of the Permanent Easement; and (c) to mark the location of the Easement Area and the Improvements by suitable markers set and maintained in the ground. 4. Grantor's Rights in Permanent Easement Ama. Grantor reserves the right to use the Permanent Easement Area for any purposes which will not impair, endanger or unreasonably interfere with any of the Improvements or with Grantee's full enjoyment of the rights hereby granted. Grantor shall not impair the lateral or subjacent support for the Improvements or the Easement Area, or otherwise change the ground level in the Easement Area. Grantor shall not erect or construct any permanent structure or building, drill or operate any well, construct any reservoir or impoundment, or install or plant any trees or woody shrubs within the Easement Area without the prior written consent of the Grantee, which shall not be unreasonably withheld. Grantee shall have the right to cut, mow, or otherwise remove trees, undergrowth, weeds, brush, vegetation or other obstructions from the Easement Area that, in its judgment, may injure, endanger or interfere with the Improvements or Grantee's exercise of the rights granted herein.. Grantor reserves all other rights, including the right to use the Easement Area for vehicular and pedestrian access, including low maintenance landscaping and soft surface and/or concrete trails, Easement —Town Grantee Page 1 of 5 4531720 Pages: 2 of 11 10/11/2019 04:19 PM R Fee:$53.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 NFAMiRMAMONAIM&IiUA 11111 as well as the right to cross the Easement Area with other utilities or other casements;; provided, however, that any such utility crossings, access or other easements do not interfere with, adversely impact or otherwise disturb the Improvements or impair the rights granted to Grantee under this Easement, and provided that any new underground utilities, facilities or other improvements are not installed or located within twenty-four inches above (vertically) and ten feet on either side of (horizontally) the centerline of the underground water pipeline (the "No-Tnstall Zone"), or that construction or installation of any new underground utilities, facilities or other improvements do not require relocation of or future modifications to any existing Improvements. Grantee shall in no event be liable for any damages to any landscaping, trails, new underground or aboveground utilities, facilities or other improvements installed or located within the No -Install Zone or the Easement Area resulting from the Improvements or caused by the exercise of Grantee's rights hereunder. 5. Maintenance of the Easement Area. (A) Upon completing any work in the Easement Area, Grantee will make such repairs or take such other action as may be necessary to restore the surface of the Easement Area to a condition comparable to its condition prior to Grantee's activities in the Easement Area, including but not limited to the reseeding and replanting of any disturbed areas in a manner reasonably satisfactory to Grantor, correction of any subsidence, and restoration of any other pre-existing improvements or conditions impacted by Grantee's activities. (B) Except for the routine maintenance of the Improvements and in the event of an emergency, , as determined solely by Grantee, Grantee shall provide Grantor at least seven (7) days written notice of any activities that will impact the surface of the Easement Area, prior to beginning any such activities. For purposes of this Agreement, "routine maintenance" is defined as a small scale activity performed at regular intervals that does not impact the surface of the Easement Area and is necessary to keep the Improvements operational and in working order and an "emergency" is defined as a situation that necessitates immediate repairs to or maintenance of the Improvements to maintain or restore proper functioning of the Improvements, such as a water main break, or to prevent, mitigate or remedy injury to life, health, safety or property. 6. Depth of Cover. Unless a greater depth is required by applicable Iaw, Grantee shall initially bury the underground waterline within the Easement Area at a minimum depth of four (4) feet below the surface of the ground. 7. Representations and Warranties of Grantor. (A) Grantor hereby warrants and represents to Grantee that, to Grantor's actual knowledge as of the date of execution of this Agreement, Grantor is seized with fee title to the underlying real property and there are no other parties with interest; that the rights conveyed herein are free and clear of liens and encumbrances; and that Grantor has sole and exclusive authority to enter into this Agreement. Easement —Town Grantee page 2 of 5 4531720 Pages: 3 of 11 10/11/2019 04:19 PM R Fee:$53.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 [�r�I�M���h EU II II1 (B) Grantor hereby warrants and represents to Grantee that the consideration paid for this Easement includes a full and final release, discharge and satisfaction, by Grantor and in favor of Grantee, its officers, employees, contractors and representatives, for all claims of compensation, damages, expenses, losses and injuries resulting from or related to: (a) the Grantee's acquisition of the desired Easement; (b) any alleged damages to other remainder property owned or claimed by Grantor outside the Easement Area; (c) the Grantee's construction and use of the waterline on the Property during Grantor's period of ownership; and (d) the Grantee's possession or use of the Easement Area or other remainder property owned or claimed by Grantor during Grantor's period of ownership. Grantor expressly releases, discharges and waives: a) any right of adjustment to the consideration paid by Grantee under C.R.S. § 38-1-114 or otherwise; b) interest under C.R.S. § 38-1-116 or otherwise; c) costs under C.R.S. § 38-1-121, C.R.S. §13-16-101, at sM., C.R.C.P. 54(d) or otherwise; d) attorney fees under C.R.S. § 38-1-122, C.R.S. § 13-17-101 et seg. or otherwise; (e) all claims of compensation, damages, expenses, losses and injuries resulting from or related to 1) the Grantee's acquisition of the desired Easement; 2) any alleged damages to other remainder property owned or claimed by Grantor outside the Easement Area; 3) the Grantee's construction and use of the waterline on the Property during Grantor's period of ownership; and 4) the Grantee's possession or use of the Easement Area or other remainder property owned or claimed by Grantor during Grantor's period of ownership. 8. Binding Effect - Runs With Land, This Easement shall extend to and be binding upon the successors and assigns of the respective Parties hereto. The rights and responsibilities set forth -in this Permanent Easement are intended to be covenants upon the Easement Property and are to run with the land. 9. Entire Agreement; Amendments. This Agreement constitutes the entire agreement between. the Parties hereto relating to the Permanent Easement and sets forth the rights, duties and obligations of each to the other as of this date, Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. This Agreement may not be modified or amended, except by a writing executed by both Parties. 10. Compliance with Laws. Grantee shall comply with all applicable laws in connection with its use of the Easement Area and the Improvements. 11. Governing Law. This Easement and all of the terms and provisions hereof shall be governed by and construed in accordance with the laws of the State of Colorado, with venue in Weld County. 12. Severabiliiy. If any part, term or provision of this Agreement shall be held unenforceable or invalid, the remainder of this Easement and the application of such park, term or provision to persons or situations other than those to which it shall have been held unenforceable or invalid shall not be affected thereby, but shall continue to be enforceable and enforceable to the greatest extent permitted by law. 13. _Authorized Signatories. Each individual signing this Agreement directly and expressly on behalf of an entity represents and warrants that he or she has been given and has received and accepted authority to sign and execute the documents on behalf of the Party for whom it is Easement Town Grantee Page 3 of 5 4531720 Pages: 4 of 11 10/11/2019 04:19 PM R Fee:$6We0d County, Co Carly Koppes, Clerk and Recorder,Bill 11111 indicated he or she has signed, and fiuther has been expressly given and received and accepted authority to enter into a binding agreement on behalf of such Party with respect to the matters concerned herein and as stated herein, IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. GRANTOR: FIRESTONE RAILS, LLC, a Colorado limited liability company i By: in2S�(le—Y�Ilil-16LLCI, Name:_ 0 tirlcx..� CN 'l Title: Duj,� STATE OF COLORADO ) ) ss COUNTY OF 50ix\Aer- ) The foregoin instrument was acknowledged before me this day of ltr^, 2019, by _ O Yta-� C� e-r no r , as one of the member -managers of Firestone Rails, LLC, owner of the subject Property. Witness my hand and official seal. My Commission expires: NOTA�r AWN V MALEI NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19954005137 MY COMMISSION EXPIRES OCTOBER 4, 2022 A,;117? _WW. �! - Notary Public t;asexnent—Town Grantee Page 4 of 5 4531720 Pages: 5 of 11 10/11/2019 04:19 PM R Fee:$63.00 Carly Koppes, Clark and Reoorder, Weld County, CC 1111 m'1121111 VV11411,11WANmixNewbu 11111 ACCEPTED BY GRANTEE: THE TOWN OF FIRESTONE, COLORADO, Municipal Corporation Date: 0(-J I ; QUA �� , � � � By: �dz %4 B i Sindel • Mayor ATTEST: r� o� Leah Vanarsdall, Town Cleric v /o Easement— Town Grantee Page 5 of 5 4531720 Pages: 6 of 11 10/11/2619 04:19 PM R Fee:$63.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill INFIMIUMWMAINITo, 1IM ik 11111 EXH I BIT A Description of The Property A parcel of land situate in the SM of Section 19 and the 5W% of Section 20, T. 2N, R. 67W of the Sixth Principal Meridian, in the County of We€d, State of Colorado, bounded and described as follows: Commencing at the southwest corner of said Section 20; thence along the west line of said Section 20, North, a distance of 308.53 feet to the true point of beginning, said point being 50.0 feet southwesterly, measured at right angles, from the centbrline of the abandoned spur track to the coal mine of the William E, Russell Coal Company as formerly surveyed, located and stalled out; thence parallel with said centerline, S, 78 degrees 43 minutes E., a distance of 1207.13 feet to the beginning of a tangent curve, concave northerly, having a radius of 1005.37 feet; thence northeasterly along said curve, an arc distance of 1010,96 feet, through an angle of 57 degrees 36 minutes 52 seconds; thence N, 46 degrees 19 minutes W., a distance of 100.0 feet to the beginning of a non -tangent curve, concave northwesterly, the center of which bears N. 46 degrees 19 minutes W,, a distance of 905.37 feet; thence southwesterly along said curve and parallel with and 50.0 feet northwesterly, measured radially from said centerline of abandoned spur track, an arc distance of 374,5 feet, through an angle of 23 degrees 42 minutes; thence N. 22 degrees 37 minutes W., a distance of 32.5 feet to the beginning of a non -tangent curve, concave northerly, the center of which bears N. 22 degrees 37 minutes W., a distance of 972.87 feet; thence westerly along said curve and parallel with and 82.5 feet northerly, measured rad€ally, from said centerline of abandoned spur track, an arc distance of 318,04 feet, through an angle of 20 degrees 52 minutes 35 seconds; thence N, 1 degree 44 minutes 25 seconds W., a distance of 15.0 feet to the beginning of a non - tangent curve, concave northerly, the center of which bears N. 1 degree 44 minutes 25 seconds W., a distance of 857.87 feet; thence westerly along said curve and parallel with and 97.5 feet northerly, measured radially from said centerline of abandoned spur track, an arc distance of 195,0 feet, through an angle of 13 degrees 01 minutes 25 seconds; 4531720 Pages: 7 of 11 10/11/2019 04:19 PM R Fee:$63.00 i Carly Kappes, Clerk and Recorder, Weld County, Co thence northerly along the east line of said Section 19, a distance of 308.53 feet, more or less, to the TRUE poINT OF BEGINNING, said point being 50.0 feet distant southwesterly, measured at right angles, from the centerline of the abandoned spur track to the coal mine of the William E, Russell Coal Company as formerly surveyed, located and staked out, thence northerly, continuing along said east line of Section 19, a distance of 101.95 feet, more or less, to a point that is 50,0 feet distant northeasterly, measured at right angles, from said centerline of the abandoned spur track; thence parallel with said centerline, North 78 degrees 43 minutes West, a distance of 427.00 feet, more or less, to a point that Is 75.0 feet distant northeasterly, measured radially, from the centerline of the abandoned main track serving Grant Mine as originally constructnd and operated, said point also being the beginning of a non -tangent curve, concave southwesterly, the center of the circle of which the arc is a part bears South 32 degrees 51 minutes 14 seconds West, a distance of 839.49 feet; thence westerly along said curve and concentric with said centerline of the abandoned main track, through a central angle of 35 degrees 31 minutes 1.4 seconds, an arc distance of 520,44 feet; thence parallel with said centerline, South 87 degrees 20 minutes West, a distance of 3174.60 feet to the beginning of a tangent curve, concave southeasterly, having a radius of 1014,70 feet; thence southwesterly along said curve and concentric with said centerline, through a central angle of 51 degrees 38 minutes 16 seconds, an arc distance of 914,50 feet, more or less, to a point on the south line of said Section 19; thence easterly along said south line of Section 19, a distance of 191.9 feet, more or less, to a ` point that is 75.0 feet distant southeasterly, measured radially, from said centerline of the abandoned main track, said point also being the beginning of a non -tangent curve, concave southeasterly, the center of the circle of which the arc is a part bears South 46 degrees 59 minutes 19 seconds East, a distance of 864.70 feet; thence northeasterly along said curve and concentric with said centerline, through a central angle of 44 degrees 19 minutes 19 seconds, an arc distance of 668.90 feet; thence parallel with said centerline, North 87 degrees 20 minutes East, a distance of 2760.00 feet; thence South 2 degrees 40 minutes East, a distance of 1.5.0 feet to a point 90.0 feet distant southerly, measured at right angles, from said centerline; thence parallel with said centerline, North 87 degrees 20 minutes East, a distance of 280.00 feel:; thence North 2 degrees 40 minutes West, a distance of 15.0 feet to a point 75,0 feet distant southerly, measured at right angles, from said centerline, of the abandoned main track; 4531720 Pages: 8 of 11 10/11/2019 04:19 PSI R Fee:$63,00 Carly Koppes, Clerk and Recorder, Weld County, Co thence parallel with said centerline of abandoned spur track, N. 78 degrees 43 minutes W., a distance of 30.0 Feet; thence S, 11 degrees 17 minutes W., a distance of 15,0 feet; thence parallel with and 82,5 feet northeasterly, measured at right angles from said centerline of abandoned spur track, N, 78 degrees 43 minutes W., a distance of 96,0 feet; thence S. 11 degrees 17 minutes W., a distance of 32.5 feet; thence parallel with and 50.0 feet northeasterly, measured at right angles from said centerline of abandoned spur track, N, 78 degrees 43 minutes W., a distance of 1534.07 feet to the beginning of a non -tangent curve, concave southwesterly the center of which bears S. 32 degrees 51 minutes 14 seconds W., a distance of 839.49 feet, said point being 75.0 feet northeasterly, measured radially, from the centerline of the abandoned main track serving Grant Mine as originally constructed and operated, - thence westerly along said curve and parallel with said centerline of abandoned main track as originally constructed, an arc distance of 520.44 feet, through an angle of35 degrees 31 minutes 14 seconds.; thence continuing parallel with sold centerline of abandoned main track, as originally constructed, S. 87 degrees 20 minutes W., a distance of 31.74,6 feet to the beginning of a tangent curie concave southeasterly, having a radius of 1014.7 feet.; thence southwesterly along said curve and parallel with said centerline of abandoned main track, an arc distance of 914.5 feet, through an angle of 51 degrees 38 minutes 16 seconds, to a point can the south line of said Section 19, thence along the south line of Section 19, S. 89 degrees 32 minutes 51 seconds E., a distance of 191..9 feet to the beginning of a non -tangent curve, concave southeasterly, from said centerline of abandoned spur track to the coal mine of the William E. Russell Coal Company as formerly surveyed, located and stalled out; thence parallel with said centerline of abandoned spur tracks, S. 78 degrees 43 minutes E., a distance of 268 feet, more or less, to the true point of beginning, EXCEPTING THEREFROM that certain parcel of land conveyed by Union Pacific Land Resources Corporation to Franklin C. Zadel by quitclaim Deed dated September 9,1976, bounded and described as follows: A parcel of land situate in the South Half of Section 19, Township 2 North, Range 67 West of the Sixth Principal Meridian, as described In Book 847, Page 13; Book 247, Page 198; and Book 406, Page 186, as filed in the office of the Clerk and Recorder, County of Weld, State of Colorado, bounded and more particularly described as follows; Commencing at the southeast corner ofsald section 19; 4531720 Pages: 9 of 11 10/11/2029 04:19 PM R Fee:$63,00 Carly Koppes, Clerk and Recorder, Weld County, Co gill l4��l� Wr��a�'�6��YJ���"I� IP0,W 11 ff I thence parallel with said centerline, North 87 degrees 20 minutes East, a distance of 134.60 feet to the beginning of a tangent curve, concave southwesterly, having a radius of 689.49 feet; thence southeasterly along said curve and concentric with said centerline, through a central angle of 60 degrees 00 minutes, an arc distance of 722,03 feet; thence North 57 degrees 20 minutes East, a distance of 150.00 Feet to a point that Is 75,0 feet distant northeasterly, measured radially, from said centerline of the abandoned main track, said point also being the beginning of a non tangent curve, concave southwesterly, the center of the circle of whiCh the arc is a part bears South 57 degrees 20 minutes West, a distance of 839.49 feet; thence northwesterly along said curve and concentric with said centerline of the abandoned main track, through a central angle of 10 degrees 23 minutes 06 seconds, an arc distance of 152.16 feet, more or less, to a point that Is 50.0 distant southwesterly, measured at right angles, from said centerline of the abandoned spur track to the coal mine of the William E. Russell Coal Company as formerly surveyed, located and staked out; thence parallel with said centerline of the abandoned spur track, South 78 degrees 43 minutes East, a distance of 268.00 feet, more or less, to the TRUE POINT OF BEGINNING. Said parcel contains a net area of 5.6 acres, more or less, 4531720 Pages: 10 of 11 10/11/2019 04:19 PM R Fee:$53.00 Carly Kopp®a. Clerk and Recorder. Weld County, CO Bill I ��IV��l�w�� a W h I1 !11 EXHIBIT B DESCRIPTION OF PERMANENT EASEMENT A STRIP OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6r" P.M., COUNTY OF WELD, TOWN OF FIRESTONE, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING ATTHE SOUTHWEST CORNER OF SAID SECTION 20, FROM WHICH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20 BEARS NOW 41' 55"W (BASIS OF BEARING); THENCE NOW 41' 55"W, 308.51 FEET ALONG SAID SOUTHWEST LINE TO A POINT ON SOUTH PROPERTY LINE OF THE PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NUMBER 4284609; THENCE S79° 24' SS"E, 25.49 FEETALONG SAID SOUTH PROPERTY LINE; SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING FOUR (4) COURSES; N00° 41'55"W 101.97 FEET TO A POINT ON THE NORTH PROPERTY LINE OF SAID PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NUMBER 42846D9; THENCE S79° 24'55"E 30.59 FEETALONG THE NORTH PROPERTY LINE OF SAID PARCEL; THENCE S00° 41' 55"E 101.97 FEET TO A POINT ON THE SOUTH PROPERTY LINE OF SAID PARCEL; THENCE N79° 24' 55"W 30.59 FEET ALONG THE SOUTH PROPERTY LINE OF SAID PARCEL TO THE POINT OF BEGINNING. AREA = 3058.97 SQUARE FEET (0.070 ACRES), MORE OR LESS. W 114 COR. SEC 20 T2N, R67W, 6TH PM 3 3 5 79°24'55" E 30.59' N 00°41'55" W 101.97' S 79°24'55" E' 26.49'� WEST LINE OF SW a OF SEC. 20 N00° 41' S5"W 2630.69 (BASIS OF BEARING) POINT OF COMMENCEMENT SW COR. SEC- 20 T2N, R67W, 6TH PM 4531720 Pages: 11 of 11 10/21/2019 04:19 PM R Fee:$63.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill NPAIM91114AWS,tihmp1w, WOWNIUK 11111 LEGEND LIMITS OF PERMANENT EASEMENT S 00°41'55" E 101 97' A o��Ao qo c,�2r�yook oor N 79°24'55" W so9 �O 30.59' POINT OF BEGINNING QhA o`coyF -PFc'yp �o �y '111 cwturavE 0 too 200 scale 1" = 100' feet RESOLUTION 19-86 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT WITH KAYLA AND CHRISTOPHER HABEGGER PERTAINING TO THE WOOSTER AVENUE WATER LINE REPLACEMENT PROJECT WHEREAS, Kayla and Christopher Habegger (the "Owners") are the owners of certain real property located in the Town of Firestone (the "Property"); and WHEREAS, the Town of Firestone (the "Town") is currently in the process of constructing the Wooster Avenue Water Line Replacement Project (the "Project"); and WHEREAS, as part of the Project, the Town has constructed and installed a water and fire hydrant at 173 Wooster Avenue; and WHEREAS, the Town has determined that it needs to construct and install a landscape timber wall on Owner's Property, behind the fire hydrant, in order to install a flat pad appurtenant to the fire hydrant, making the fire hydrant accessible to emergency personnel; and WHEREAS, the Town desires to obtain a temporary, non-exclusive construction easement that would allow use of Owner's Property, pursuant to certain terms and conditions as set forth in a Temporary Construction .Easement Agreement, attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE FIRESTONE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone authorizes the acquisition of a temporary, non-exclusive construction easement from Kayla and Christopher Habegger to use the property described in Exhibit A for the construction and installation of a landscape timber wall and associated grading in connection with the Wooster Avenue Water Line Replacement Project. Section 2. The Temporary Construction Easement Agreement between the Town of Firestone and Kayla and Christopher Habegger is approved in substantially the form as attached hereto as Exhibit B, and the Mayor is authorized to execute the agreement on behalf of the Town of Firestone. INTRODUCED, READ AND ADOPTED this If6day of , 2019. TOWN OF FIRESTONE, COLORADO ioNE 7 04Q o ATTEST: O co Leah Vanarsdall, Town Clerk PRO AS TO FORM: William f. Pyashi, Town Attorney bi Sinde ar, Mayor EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NW % OF SECTION 30, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING A PART OF LOT 20, BLOCK 3 OF THE TOWN OF FIRESTONE REPLAT OF SEPTEMBER 13, 1907 PLAT, RECORDED ON MAY 1, 1974 AT RECEPTION NUMBER 1635587, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST CORNER OF SAID SECTION 30, FROM WHICH THE NORTH LINE OF SAID SECTION 30 BEARS S89° 09' 19"E (BASIS OF BEARING), THENCE 589° 09' 19"E, 804.91 FEET ALONG SAID NORTH LINE; THENCE SO* 50' 41"W, 33.68 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF GRANT AVENUE, THENCE SO' 02'45"E, 275.01 FEET ALONG THE EAST RIGHT-OF-WAY OF FIRST STREET, THENCE N89° 57' 16"E, 490.07 FEET TO A POINT ALONG THE NORTH RIGHT-OF-WAY OF WOOSTER AVENUE AND THE POINT OF BEGINNING. - THENCE ALONG THE FOLLOWING FOUR (4) COURSES; NO- 03' 27"W, 7.00 FEET; THENCE N890 56' 33"E, 10.00 FEET; THENCE SO' 03' 27"E, 7.00 FEET; THENCE S89° 56' 33"W, 10.00 FEETTO THE POINT OF BEGINNING. AREA = 70.00 SQUARE FEET MORE OR LESS. EXHIBIT B GRANT OF TEMPORARY CONSTRUCTION EASEMENT THIS 9RANT OF TEMPORARY CONSTRUCTION EASEMENT is made this day of tiy6, 2019, by and between KAYLA AND CHRISTOPHER HABEGGER (hereinafter "Grantor") and THE TOWN OF HRESTONE, a municipal corporation organized and existing under and by virtue of the laws of the State of Colorado, whose address is 151 Grant Ave., Firestone, Colorado, 80520 (hereinafter "Grantee"): WITNESSETH: THAT THE GRANTOR, for and in consideration of the sum of Ten Dollars paid to the Grantor by the Grantee, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the Grantee, its agents and subcontractors, a Temporary Construction Easement for the purpose of a constructing potable water pipeline and appurtenances and related improvements, such easement being on, over, and across the real property described in Exhibit A and as shown on Exhibit B, attached hereto and incorporated herein by this reference; TOGETHER WITH all the rights and privileges as are necessary or incidental to the reasonable and proper use of such Temporary Construction Easement; and SUBJECT TO the following terms and conditions: 1. This Temporary Construction Easement shall expire and be of no further force and effect upon completion of the construction of the "WOOSTER AVENUE WATER LINE REPLACEMENT" project, but in no event Iater than one year from the Final Acceptance date of the WOOSTER AVENUE WATER LINE REPLACEMENT" project. 2. During the term of this Temporary Construction Easement, Grantor shall not place, erect or construct or allow to be placed, erected or constructed on the Temporary Construction Easement area any equipment or structure or other improvement whatsoever which may interfere with the Grantee's full use and enjoyment of the rights hereunder. 3. Grantee shall insofar as practicable restore the surface of the Temporary Construction Easement to the conditions that existed immediately prior to the commencement of any of Grantee's activities permitted hereunder. 4. Grantor reserves the right to use and occupy the area of the easement for any purpose which will not unreasonably interfere with or endanger any of Grantee's uses permitted herein. 5. Grantee shall be solely responsible for all damages to persons or property which are caused by the Grantee or its agents or employees, or which result or arise from their 1 activities on the area of the easement. To the extent authorized by law, Grantee will indemnify and hold harmless the Grantor against all claims, liabilities, damages, judgments and expenses (including court costs and reasonable attorneys' fees) for injury or death to persons or damage to property incurred as a result of the negligent or willful and wanton act or omission of Grantee or its agents or employees which is related to or arises from Grantee's activities permitted or performed on the area of the easement under this grant. Grantee by this provision in no way waives or intends to waive the monetary limitations or any other rights, immunities, and protections provided to Grantee and its employees under the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et. sec. The Grantee's indemnification obligation shall not be construed to extend to any injury, loss, or damage which is caused by the act, omission, or other fault of the Grantor. 6. The property rights granted herein shall be transferable by Grantee only with prior written consent of Grantor. 7. The easement granted herein shall be subject to all restrictions and easements of record and/or apparent on the ground. IN WITNESS WHEREOF, the Grantor has executed this instrument on the date first above written. GRANTOR: KAYLA HABEGGER By: Acknowledgment STATE OF COLORADO )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 2019, by as Habegger. Witness my hand and official seal. My commission expires on: (SEAL) Notary Public GRANTOR: CHRISTOPHER HABEGGER By: Acknowledgment STATE OF COLORADO )ss COUNTY OF WELD } The foregoing instrument was acknowledged before me this 2019, by , as Habegger. Witness my hand and official seal. My commission expires on: (S E A L) Notary Public 3 day of of Kayla day of of Christopher Attest: Leah Vanarsdall, Town Clerk to GRANTEE: TOWN OF FIRESTONE, COLORADO r By: 1 .T• EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NW % OF SECTION 30, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING A PART OF LOT 20, BLOCK 3 OF THE TOWN OF FIRESTONE REPLAT OF SEPTEMBER 13, 1907 PLAT, RECORDED ON MAY 1, 1974 AT RECEPTION NUMBER 1635587, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST CORNER OF SAID SECTION 30, FROM WHICH THE NORTH LINE OF SAID SECTION 30 BEARS S89° 09' 19'E (BASIS OF BEARING), THENCE S89° 09' 19"E, 804.91 FEET ALONG SAID NORTH LINE; THENCE SO' 50' 41"W, 33.68 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF GRANT AVENUE, THENCE SO' 02'45"E, 275.01 FEET ALONG THE EAST RIGHT-OF-WAY OF FIRST STREET, THENCE N89° 57, 16"E, 490.07 FEETTO A POINTALONG THE NORTH RIGHT-OF-WAY OF WOOSTER AVENUE AND THE POINT OF BEGINNING, - THENCE ALONG THE FOLLOWING FOUR (4) COURSES; NO- 03' 27"W, 7.00 FEET; THENCE N89° 56' 33"E, 10.00 FEET; THENCE SO' 03' 27"E, 7.00 FEET; THENCE S89° 56' 33"W, 10.00 FEETTO THE POINT OF BEGINNING. AREA = 70.00 SQUARE FEET MORE OR LESS. EXHIBIT "B" sczl. �-�50' lees RESOLUTION 19-85 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, SUPPORTING PASSAGE OF BALLOT ISSUE 6A CALLING FOR A TAX INCREASE FOR THE FREDERICK-FIRESTONE FIRE PROTECTION DISTRICT. WHEREAS, since it was organized in 1976, the sole purpose of Frederick -Firestone Fire Protection District ("Fire District") has been to protect the communities it serves by providing essential, live -saving fire suppression, rescue, extrication, hazardous materials, ambulance, -emergency medical services, public education, and community risk reduction (collectively, "Emergency Services"); and WHEREAS, on August 12, 2019, the Fire District's Board of Directors adopted a Resolution directing the attached Tax Increase Ballot Issue to be submitted to the Fire District's voters during the coordinated election Weld County will conduct on November 5, 2019 ("Election"); and WHEREAS, the Colorado Fair Campaign Practices Act, C.R.S. § 145-117(1)(b), expressly authorizes the Town of Firestone Board of Trustees ("Board') to adopt a Resolution advocating voter approval of the Fire District's request for a tax increase and for authority to stabilize its tax revenue during the Election; and, WHEREAS, the Board has determined it is important to the health, safety, and welfare of Firestone citizens that the Board adopt this Resolution urging all eligible voters to approve the Fire District's Tax Increase Ballot Issue at the Election. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. THE FIRE DISTRICT HAS NOT ASKED ITS CITIZENS FOR A GENERAL OPERATING TAX INCREASEINl3 YEARS. The Fire District provides 24-hour Emergency Services coverage to approximately 35 square miles that include the Towns of Frederick and Firestone, and a portion of unincorporated Weld County. In 2000, the Fire District had 4,500 residents. Today, the Fire District serves over 34,000 residents, AN INCREASE OF MORE THAN 660% SINCE 2000. Growth within the Fire District is projected to continue at the rapid rate of 5-7% per year for both Towns. The Fire District's Emergency Services responsibilities grow as the Towns grow. IN THE PAST FIVE YEARS, THE FIRE DISTRICT'S EMERGENCY CALL VOLUME HAS INCREASED BY50%. The Fire District responds to approximately 2,500 emergency calls each year and this continues to increase. In 2018, Fire District personnel impacted over 19,000 lives. Nearly 73% of its requests for service last year were related to emergency medical situations and 10% involved motor vehicle accidents. The Fire District also responds to residential, commercial, wildland and vehicle fires, hazardous materials emergencies, specialized rescues and emergency management for large scale incidents, such as the 2013 Flood. 3. Despite conscientious and transparent spending of taxpayer money, the double -impact of upward spiraling costs and emergency service demands, and the adverse impact of the Gallagher Amendment, has put the Fire District in a position in which CONTINUING WITHOUTA TAXINCREASE COULD SIGNIFICANTLY COMPROMISE THE LEVEL OF LIFE-SAVING EMERGENCY SERVICES THE FIRE DISTRICT IS ABLE TO PROVIDE TO THE COMMUNITY. 4. Stabilizing the Fire District's tax revenues, and increasing its general operating tax by 2.54 trills, will provide stable and predictable revenue for the Fire District to meet the community's increasing demands for Emergency Services. It will enable the Fire District to: Hire twelve (12) firefighter/paramedics. (Top Priority) Assist firefighters by increasing their pay in relation to the current markets. Begin replacing its aging apparatus and costly fleet. Many trucks have reached their life -cycle and need to be replaced. Hire emergency service personnel and purchase fire trucks and ambulances for new fire stations in the future. S. The Frederick -Firestone Fire Board would not consider asking its citizens for permission to assume an additional tax burden, no matter how modest, if it were not essential to maintaining proper services; however, for the last 43 years the Fire District's sole focus has been the health, safety, and welfare of its citizens and its firefighters, and this ballot initiative is critical to the Fire District's continued ability to provide high quality, cost-effective Emergency Services to our communities and to ensure the safety of our firefighters. FOR ALL OF THE FOREGOING REASONS, THE BOARD URGES VOTERS TO APPROVE ELECTION BALLOT ISSUE 6A CALLING FOR THE FIRE DISTRICT'S TAX INCREASE FOR EMERGENCY SERVICES INTRODUCED, READ AND ADOPTED this 11th day of September, 2019. ����awNN�"4 s NO to { tQ m ti 0 �4 ATTEST: COUfVT`�' G n Leah Vanarsdall, Town Clerk IT AS TO FORM: Willialilh. Mfayashi, Town Attorney TOWN OF FIRESTONE, COLORADO 1� rdx Bo i Sinde ayor 2 RESOLUTION NO. 19-84 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING THE CONSOLIDATED SERVICE PLAN FOR THE HOMESTEAD RANCH METROPOLITAN DISTRICT NOS. 1-4 WHEREAS, Article I of Title 32 of the Colorado Revised Statutes, as amended (the "Special District Act") authorizes the formation of various kinds of governmental entities to finance and operate public services and infrastructure, including metropolitan districts; and WHEREAS, pursuant to the Special District Act, Eagle Development Corporation (the "Petitioner") has submitted to the Town of Firestone (the "Town") a consolidated service plan (the "Service Plan") for the proposed Homestead Ranch Metropolitan District Nos. 1-4 (the "Districts"), a copy of which is attached as Exhibit A and incorporated herein by reference; and WHEREAS, the Districts will be organized to provide for the planning, design, acquisition, construction, installation and financing of certain public improvements, as more specifically described in the Service Plan,; and WHEREAS, in accordance with the Special District Act, the Petitioner published notice of the hearing before the Town Board of Trustees (the `Board") for consideration of the Service Plan in the Longmont Times -Call, a newspaper of general circulation, on August 29, 2019, as evidenced by the Affidavit of Publication attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, in accordance with the Special District Act, the Petitioner mailed by first class snail notice of the hearing before the Town Board on August 27, 2019 to all property owners within the boundaries of the Districts, as evidenced by the Affidavit of Mailing and Publication Notice of Public Hearing attached hereto as Exhibit C and incorporated herein by this reference; and WHEREAS, in accordance with the Special District Act, notice of the hearing before the Town Board was also mailed by the Petitioner by first class mail on August 27, 2019 and to interested persons, defined as follows: (1) the Colorado Division of Local Government; and (2) the governing body of any municipality or special district which has levied an ad valorem tax within the next preceding tax year, and which has boundaries within a radius of three miles of the District's boundaries, as evidenced by the Affidavit of Mailing and Publication Notice of Public Hearing attached hereto as Exhibit C; and WHEREAS, the Special District Act requires that any service plan submitted to the district court for creation of a metropolitan district must first be approved by resolution of the governing body of the municipality within which the proposed districts lies; and WHEREAS, following notice as required by law, the Board conducted a public hearing on the request on September 11, 2019, and has considered the Service Plan and all other testimony and evidence presented at the hearing, {00130527.DOC v:11 THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone finds that: (a) A Service Plan for the Homestead Ranch Metropolitan District Nos. 1-4 was filed in the office of the Planning and Development Department of the Town of Firestone; and (b) Pursuant to statute, the Board of Trustees of the Town of Firestone has authority to review the Service Plan with reference to need, service and economic feasibility; and (c) That Petitioner has fulfilled in a timely manner the notice requirements under the Special District Act in regards to the public hearing by the Board of Trustees on approval of the District's Service Plan; and (d) The Board of Trustees of the Town of Firestone has reviewed the Service Plan, along with the evidence and related exhibits as presented at the public hearing, and has determined that the same meets the municipal approval criteria under the Special District Act and, therefore, has determined to adopt a resolution of approval of the Service Plan for the proposed Homestead Ranch Metropolitan District Nos. 1-4. Section 2. Upon consideration of the Service Plan for the Districts, and evidence presented at the public hearing on the Service Plan, the Board of Trustees of the Town of Firestone does find, determine and declare, as required by Section 32-1-203(2), C.R.S., as follows: (a) That there is sufficient existing and projected need for organized service in the area to be serviced by the Districts; (b) That the existing service in the area to be served by the Districts are inadequate for present and projected needs; (c) That the Districts are capable of providing economical and sufficient service to the area within its proposed boundaries; and (d) That the area to be included in the Districts has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. {00[30527.DOC v:l } Section 3. The Board of Trustee's findings are based solely on the evidence presented at the public hearing and set forth in the Service Plan, and that the Town of Firestone has no conducted any independent investigation of the evidence. The Town of Firestone makes no guarantee as to the financial viability of the Districts or achievability of the desired results. Section 4. That pursuant to Section 32-1-204.5(1)(c), C.R.S., the Board of Trustees hereby imposes the following conditions upon its approval of the Service Plan: (a) The Districts shall not be authorized to issue Debt until the Districts has reimbursed the Town for all the charges and fees it has incurred with its attorneys and consultant relating to their review of this Service Plan and in connection with the modification of the Service plan approved herein; and (b) (c) If any of the above -stated conditions (a) through (c) are not met, the Town may revoke its approval of the Service Plan by subsequent resolution and pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 5. Upon consideration of the Service Plan, and all evidence presented at the public hearing on the Service Plan, the Service Plan for the Homestead Ranch Metropolitan District Nos. 1-4, as set forth in Exhibit A to this Resolution, is hereby approved, subject to the conditions stated in Section 4 above, in accordance with Section 32-1-204.5(1)(c), C.R.S. Section 6. That the Board of Trustee's approval of the Service Plan is not a waiver or a limitation upon any power that the Town of Firestone or Board of Trustees is legally permitted to exercise regarding the property within the Districts. INTRODUCED, READ AND ADOPTED this ]!th day of , 2019. ��r.'...• ' TOWN OF FIRESTONE COLORADO � o IkoVbi Sin Jr, Mayor ATTEST: C� O�N'[�i , Leah Vanarsdall, Town Clerk AS TO FORM: William Town Attorney (06130527.DQC v: l � EXHIBIT A HOMESTEAD RANCH METROPOLITAN DISTRICT CONSOLIDATED SERVICE PLAN {00130527.DQC v:1 } CONSOLIDATED SERVICE PLAN FOR HOMESTEAD RANCH METROPOLITAN DISTRICT NOS.1-4 TOWN OF FIRESTONE, COLORADO Prepared by: SPENCER FAKE LLP 1700 Lincoln Street, Suite 2000 Denver, CO 80203-4554 Suz� July 26, 2019 • rr � a� a• • 1 � TABLE OF CONTENTS Page I. INTRODUCTION................................................................................................................. 1 A. Purpose and Intent........................................................................................................... 1 B. Need for the Districts..................................................................................................... 1 C. Objective of the Town Regarding the Service Plan ........................................................ 1 D. Organizers and Consultants................................................................................... 3 II. DEFINITIONS.......................................................................................................................3 III. BOUNDARIES...................................................................................................................... 7 IV. PROPOSED LAND USE, PROJECTED POPULATION PROJECTIONS AND CURRENT ASSESSED VALUATION................................................................................ 7 V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES.......... 8 A. Powers of the Districts and Service Plan Amendment ................................................... 8 1. Operation and Maintenance Limitation................................................................... 8 2. Fire Protection Limitation........................................................................................ 9 3. Television Relay and Translation Limitation.......................................................... 9 4. Limitation on Extraterritorial Service....................................................................... 9 5. Telecommunication Facilities................................................................................... 9 6. Construction Standards Limitation........................................................................... 9 7. Zoning and Land Use Requirements .............................. 8. Conveyance...............................................................................................................10 9. Eminent Domain......................................................................................................10 10. Water Rights/Resources Limitation......................................................................... 10 11. Inclusion Limitation................................................................................................. 10 12. Exclusion Limitation................................................................................................ 10 13. Overlap Limitation................................................................................................... 10 14. Monies from Other Governmental Sources............................................................ 10 15. Consolidation Limitation........................................................................................ 10 16. Subdistrict Limitation............................................................................................. 11 17. Fees......................................................................................................................... 11 18. Special Assessments............................................................................................... 11 19. Revenue Bonds Limitation..................................................................................... 11 20. Public Improvement Fee and Sales Tax Limitation.................................................12 21. Bankruptcy Limitation.............................................................................................12 22. Reimbursement Agreement....................................................................................12 23. Service Plan Amendment Requirement..................................................................12 B. Preliminary Engineering Survey.................................................................................... 12 C. Multiple District Structure........................................................................................... 13 VI. REGIONAL IMPROVEMENTS.......................................................................................... 13 VII. FINANCIAL PROVISIONS................................................................................................ 13 A. General...........................................................................................................................13 B. Maximum Voted Interest Rate and Maximum Underwriting Discount ........................14 C. Mill Levies.................................................................................................................... 14 D. Debt Parameters............................................................................................................ 16 E. Debt Instrument Disclosure Requirement...................................................................... 17 F. Privately Placed Debt Limitation................................................................................... 17 G. TABOR Compliance...................................................................................................... 17 H. Districts' Organizational Costs and Operation and Maintenance Costs .........................18 VIII. ANNUAL REPORT............................................................................................................18 A. General............................................................................................................................18 B. Reporting of Significant Events...................................................................................... Is IX. DISSOLUTION......................................................................................................................19 X. DISCLOSURE NOTICES.....................................................................................................1.9 XI. INTERGOVERNMENTAL AGREEMENT.........................................................................19 XII. COMPLIANCE WITH LAWS..............................................................................................19 XIII. CONCLUSION.....................................................................................................................19 IF LIST OF EXHIBITS Exhibit A Legal Description Exhibit B Boundary Map Exhibit C Vicinity Map Exhibit D Property Owners' Consents Exhibit E Engineering Estimates Exhibit F Location of Public Improvements Exhibit G Financing Plan Exhibit H Legal Counsel Letter Exhibit I Form of Disclosure Notice Exhibit J Form of Town Disclosure Statement Exhibit K Form of Intergovernmental Agreement between Districts and Town Exhibit L Resolution of Town of Firestone Approving Service Plan HOMESTEAD RANCH METROPOLITAN DISTRICT NOS. 1-4 CONSOLIDATED SERVICE PLAN I. INTRODUCTION A. Purpose and Intent. The .Districts shall be named the Homestead Ranch Metropolitan District Nos. 1-4 (collectively, the "Districts"). The Districts are formed are independent units of local government, separate and distinct from the Town. The primary purpose of the Districts will be to finance the construction of the Public Improvements needed for the property comprising the Homestead Ranch Subdivision (the "Property" or the "Project"), including, but not limited to certain streets, traffic safety controls, street lighting, sanitary sewer, water, landscaping, storm drainage, and park and recreation improvements for developments to be known as the Homestead Ranch Subdivision ("Homestead Ranch"). The developer of Homestead Ranch, owner of the Property, excluding rights -of -way and tracts dedicated to the Town, and the petitioner for the formation of the Districts are Eagle Development Corporation, a Colorado corporation, its affiliates, subsidiaries, successors, heirs and assigns (collectively referred to herein as the "Developer"). The Districts are intended to provide for the financing of public improvements for Homestead Ranch, and will provide certain ongoing operation and maintenance services as specifically set forth in this Service Plan and in the Intergovernmental Agreement between the Town and the Districts. The Districts will consist of approximately two hundred seventy two and six hundred ninety-three hundredths (272.693) acres within the initial Districts' boundaries. There are not currently anticipated to be any future inclusion areas and the multiple Districts are proposed to accommodate the phasing of the project and anticipated infrastructure needed for each phase, all as further described in this Service Plan, together with all exhibits hereto (the "Service Plan"). B. Need for the Districts. There are not at the time of formation of the Districts currently other governmental entities, including the Town, located in the immediate vicinity of the Districts that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction, installation, relocation, redevelopment, and financing of the Public Improvements needed for the Project. The Districts are therefore necessary in order for the Public Improvements required for the Project to be provided in the most economical manner possible. C. Objective of the Town Regarding the Service Plan. The Town's objective in approving the Service Plan for the Districts are to authorize the Districts to provide for the planning, design, acquisition, construction, installation, relocation and redevelopment of the Public Improvements from the proceeds of Debt to be issued by the Districts. All Debt is expected to be repaid by taxes imposed and collected at a mill levy no higher than the Maximum Debt Mill Levy, as the same may be increased as set forth below Except as expressly provided in this Service Plan, all public improvements and facilities that are financed, constructed, installed or acquired by the Districts shall be dedicated and conveyed to the Town, or its designee and will be operated and maintained by the Town or its designee upon Town acceptance and completion of the Districts' warranty obligations. The Districts shall not provide fire protection or emergency services, which fire protection and emergency services shall be provided by the Frederick -Firestone Area Fire Protection District, either directly or, with respect to emergency services, through contract. The Districts may exercise those powers of a Metropolitan District Nos. 1-4 set forth in §§32-1-1001 and -1004, C.R.S. only to implement the provisions of this Service Plan and only to the extent authorized by and in a manner consistent with this Service Plan. The Districts are generally located north of Firestone Boulevard, South of Zinnia Avenue (WCR 26) and East of Ingalls Street (WCR 17). The proposed boundaries of the Districts are limited to those boundaries described in Exhibit A, attached hereto. This Service Plan is intended to establish a limited purpose for the Districts and explicit financial constraints that are not to be violated under any circumstances. The primary purpose of the Districts is to provide the Public Improvements associated with development pursuant to an Approved Development Plan. Except for the Operation and Maintenance Costs, the Districts are authorized to pay as provided herein, operation and maintenance services are allowed only through the Intergovernmental Agreement with the Town. Each District shall dissolve upon payment or defeasance of all Debt incurred or upon a court determination that adequate provision has been made for the payment of all Debt, except that if the Districts has ongoing operation and maintenance functions authorized under an Intergovernmental Agreement with the Town, the Districts shall not be required to dissolve but shall retain only the power necessary to impose and collect takes (subject to the Maximum Operation and Maintenance Mill Levy), Special Assessments or Fees in amounts necessary to pay for those Operation and Maintenance Costs. Additionally, if the Board of Directors of a District determines that the existence of that Districts are no longer necessary to accomplish the purposes set forth in this Service Plan, the Board of Directors of that District shall promptly effectuate the dissolution of that District. The Districts shall be authorized to finance the Public Improvements that can be funded from Debt which is to be repaid from Fees, Special Assessments or tax revenues collected from a mill levy which shall not exceed the Maximum Debt Mill Levy, as well as other legally available sources of revenue, and to maintain certain of the Public Improvements as set forth in the Intergovernmental Agreement with the Town. It is the intent of this Service Plan to assure to the extent possible that no property bear an economic burden that is greater than that associated with revenues from the Maximum Debt Mill Levy, the Maximum Operation and Maintenance Mill Levy, Fees and Special Assessments, even under bankruptcy or other unusual situations. Generally, the costs of Public Improvements that cannot be funded within these parameters are not costs to be paid by the Districts. With regard to Regional Improvements, this Service Plan and the Intergovernmental Agreement also provide for the Districts to pay a portion of the cost of regional infrastructure as part of ensuring that development and those that benefit from development pay for the associated costs. 2 D. Organizers and Consultants. This Service Plan has been prepared by the following Developer and participating consultants (the "Organizers"): Developer: Eagle Development Corporation c/o Jeff Mark 212 N. Wahsatch Avenue, Suite 301 Colorado Springs, Colorado 80903 (719) 635-3200 (719) 635-3244 j marka landhuisco.com Financial Advisor: George K. Baum & Company Alan T. Matlosz Senior Vice President 1400 Wewatta Street 4 800 Denver, CO 80202 Phone: 303-391-5503 Fax: 303-391-5603 matloszOgkbaum.com Bond Counsel: District Counsel: Spencer Fane LLP David Sean O'Leary, Esq. 1700 Lincoln Street, Suite 2000 Denver, Colorado 80203 (303) 839-3800 (303) 839-3838 (fax) dolgAg@spencerfane.com Engineer: Core Engineering Group Richard Schindler, P.E. 15004 1'Avenue S. Burnsville, MN 55306 Phone: 719-570-1100 Fax: 952-3034212 RiehAcce l.com Supplemental Engineering/Maps:_ Kline Alvarado Veio, P.C. Northern Engineering Donald R. Bieber, Esq c/o Ryan Banning, P.E. 1775 Sherman Street, Suite 1790 301 North Howes Street, Suite 100 Denver, Colorado 80203 Fort Collins, Colorado 80521 Phone: 720.697.7513 Phone: 970-221-4158 dbiebernkvfirm.com II. DEFINITIONS In this Service Plan, the following terms shall have the meanings indicated below, unless the context hereof clearly requires otherwise: Approved Development Plan: means a development plan for the Project as approved in its final form by the Town pursuant to the Town Code, as may be amended from time to time pursuant to the Town Code, that identifies, among other things (1) Public Improvements necessary for facilitating development of the property within the Service Area; and (2) any developer guarantees in connection with development of the property. Unless otherwise expressly set forth in this Service Plan by specific reference thereto, an Approved Development Plan does not include any plan, process or approval denoted as preliminary under the Town Code. Board: means the board of directors of the Districts. Capital Plan: means the Capital Plan and engineering estimates of probable capital costs described in Exhibit E, which includes: (a) a comprehensive list of the Public Improvements to be developed by the Districts; (b) an engineer's estimate of the cost of the Public Improvements; and (c) a pro forma capital expenditure plan correlating expenditures with development. C.R.S. means the Colorado Revised Statutes, as the same may be amended from time to time. Debt: means bonds, notes, debentures, certificates, contracts, capital leases or other multiple fiscal year obligations for the payment of which the Districts has promised to impose an ad valorem property tax mill levy, collect Fee revenue, and/or levy Special Assessments. Development Fee: means the one-time development or system development fee imposed by the Districts on a per square -foot basis at or prior to the issuance of a certificate of occupancy for the unit or structure to assist with the planning and development of the Public Improvements, subject to the limitations below. District: means each of the Homestead Ranch Metropolitan District Nos. 1-4, individually. Districts: means the Homestead Ranch Metropolitan District Nos_ 1-4, collectively. District Boundaries: means the property within the Initial Boundaries, together with any portion of the property within the Inclusion Area Boundaries (if applicable) that may be included from time to time pursuant to Section 32-1-401, et seq, C.R.S. End User: means any owner, or tenant of any owner, of any taxable improvement within a District who is intended to become burdened by the imposition of ad valorem property taxes subject to the Maximum, Debt Mill Levy. By way of illustration, a resident homeowner, renter, commercial property owner, or commercial tenant is an End User. A person or entity that constructs homes or commercial structures with the intention of selling to others is not an End User. External Financial Advisor: means a consultant that: (i) advises Colorado governmental entities on matters relating to the issuance of securities by Colorado governmental entities, including matters such as the pricing, sales and marketing of such securities and the procuring of bond ratings, credit enhancement and insurance in respect of such securities; (ii) shall be an underwriter, investment banker, or individual listed as a public finance advisor in the Bond Buyer's Municipal Market Place; and (iii) is not an officer or employee of the Districts and has not been otherwise engaged to provide services in connection with the transaction related to the applicable Debt. If a District has engaged a municipal adviser that meets the foregoing criteria and has a fiduciary duty to the Districts, the municipal adviser may fill the role of the External Financial Advisor. 4 Fees: means any fee, rate, toll, penalty or charge imposed or received by a District for services, programs or facilities provided by that District, as described below. Financial Plan: means the Financial PIan described in Section V and attached as Exhibit G, which describes (i) how the Public Improvements are expected to be financed; (ii) how the Debt is expected to be incurred; and (iii) the estimated operating revenue derived from property taxes for the first budget year. Initial Boundaries: means the boundaries of the Districts' area described in the Initial Boundary Map, attached hereto as Exhibit B and Legal Descriptions attached as Exhibit A. Intergovernmental Agreement: means the intergovernmental agreement between the Districts and the Town, a form of which is attached hereto as Exhibit L. The Intergovernmental Agreement may be amended from time to time by the Districts and the Town. Maximum Debt Mill Levy: means the maximum mill levy the Districts are permitted to impose for payment of Debt as set forth in Section V.e below. Maximum Operation and Maintenance Mill Levy: means the maximum mill levy the Districts are permitted to impose for payment of Operation and Maintenance Costs, as set forth below. Maximum Aggregate Mill Levy: means the maximum combined mill levy the Districts are permitted to impose upon the taxable property within the Districts for payment of all expenses categories, including but limited to Debt, capital costs, organizational costs, and Operation and Maintenance Costs. The Maximum Aggregate Mill Levy is set forth below. Mill Lew Adjustment: means, if, on or after January 1, 2019, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement, the Maximum Debt Mill Levy and the Maximum Operation and Maintenance Mill Levy may be increased or decreased to reflect such changes, such increases and decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the applicable mill levy, as adjusted for changes occurring after January 1, 2019, are neither dirninisbed nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation. Operation and Maintenance Costs: means (1) planning and design costs of Public Improvements identified by the Districts as being payable from its operation and maintenance mill levy; (2) the costs of repair, replacement and depreciation of the Public Improvements; (3) the costs of any covenant enforcement and design review services the Districts may provide; and (4) the costs of ongoing administrative, accounting and legal services to the Districts. 5 Organizational Costs: means the estimated initial cost of acquiring land, engineering services, legal services and administrative services, together with the estimated costs of the Districts' organization and initial operations, as set forth in Section VILH below, which Organizational Costs are eligible for reimbursement out of Debt proceeds. Project: means the development or property commonly referred to as Homestead Ranch. Public Improvements: means a part or all of the improvements authorized to be planned, designed, acquired, constructed, installed, relocated, redeveloped and financed by the Districts as generally described in the Special District Act and in accordance with the Approved Development Plan, except as specifically limited in Section V below, which improvements benefit the property within the Project, the Districts' Boundaries and/or the Service Area, and which improvements will serve the future taxpayers and inhabitants of the property within the Project, the Districts Boundaries and/or the Service Area, as determined by the Boards of the Districts. Regional Improvements: means improvements or facilities that benefit the property within and without the Districts Boundaries and/or the Service Area and which are to be financed pursuant to Section VI below. Service Area: means the Initial Boundaries and the Inclusion Area Boundaries. Service Plan: means this amended and restated service plan for the Districts approved by Town Board, which Service Plan replaces in their entirety the original service plan, together with the first and second amendments to the original service plan. Service Plan Amendment: means an amendment to the Service Plan approved by Town Board in accordance with the Town's ordinance and the applicable state law. Special Assessment: means the levy of an assessment within the boundaries of a special improvement district pursuant to Section V.A.20 below. Special District Act: means Title 32, Article 1 of the Colorado Revised Statutes, as amended from time to time. State: means the State of Colorado. Taxable Propegy: means real or personal property which is subject to ad valorem taxes imposed by a District. Town: means the Town of Firestone, Colorado. Town Board: means the Town Board of Trustees of the Town of Firestone, Colorado. Town Code. means the Town Code of the Town of Firestone, Colorado. Total Debt Limit: means Twenty Five Million Dollars ($25,000,000.00) which Total Debt Limit includes all Debt issued by either of the Districts for Public Improvements and Regional improvements. Urban Renewal Authority: means the Town of Firestone Urban Renewal Authority (" 1~URA"). The Districts will assist with the financing of the construction of public improvements for the Homestead Ranch development, which improvements shall be constructed to Town standards, warranted by the Districts, and dedicated and conveyed to the Town or its designee as provided in this Service Plan, or as otherwise required by the Town. The public improvements shall be financed, in part, through the issuance of indebtedness as set forth in Article V, "Financial Plan." Except as specified in or pursuant to this Service Plan, the Districts shall not construct or own any improvements, shall not provide for any maintenance, repair or operation of any improvements, and shall not perform any services without the consent of the Town as evidenced by a resolution of approval of the Town of Firestone Board of Trustees (the 'Board of Trustees"). In addition, the Districts will not contract with any other governmental entity to receive any services which are or may become available from the Town, or to provide any services to or within any other governmental entity without the prior written consent of the Town. The Districts shall not provide any services or facilities within any area of the Districts overlapping with the service area of another district without first obtaining the written consent of each and every district whose service area is so overlapped. The Districts shall dissolve when their financial obligations are paid or provided for, or otherwise upon request of the Town, subject to then -applicable statutory requirements, all as further provided in Article VIII. III. BOUNDARIES, PROJECTED POPULATION & ASSESSED VALUATION The Districts consist of approximately two hundred seventy two and six hundred ninety- three hundredths (272.693) acres located entirely within the boundaries of the Town, as more particularly set forth in the legal description attached hereto as Exhibit A and as shown on the boundary maps, attached hereto as Exhibit B, and the vicinity map, attached hereto as Exhibit C. It is anticipated that the Districts' boundaries may change from time to time as they undergo inclusions and exclusions pursuant to Section 32-1-401, et seq., C.R.S., and Section 32-1-501, et seq., C.R.S., subject to the limitations set forth in Section V below. IV. PROPOSED LAND USE PROJECTED POPULATION PROJECTIONS AND CURRENT ASSESSED VALUATION The property within the Service Area of the Districts, consisting of approximately two hundred seventy two and six hundred ninety-three hundredths (272.693) acres is being developed for the anticipated construction of seven hundred fifty-two (752) single-family homes. The current population of the Districts is zero. The population of the Districts at full build -out is estimated to be Eighteen Hundred Eighty (1,880) people (based upon an estimate of 2.5 persons per residential unit) subject to development approval by the Town. It is acknowledged that Town development 7 standards and requirements may affect the foregoing numbers of anticipated homes and population. The petitioner, also the Developer of the Districts properties, has received the consents of the property owners to the formation of these Districts, which consents, for the owners of all property to be located within the Districts, are attached hereto as Exhibit D and incorporated herein by this reference. The estimated value of the property at full build out is approximately Three Hundred One Million, Six Hundred Thirty Seven Thousand, Three Hundred Thirty -Two and no1100 Dollars ($301,637,332) and the assessed value at full build -out in of the project is estimated to be Twenty One Million, Seven Hundred Seventeen Thousand, Eight Hundred Eighty -Eight and no1100 Dollars ($21,717,888) for residential development and Twenty Seven Million, Fifty -Five Thousand, Four Hundred Seventy Seven and no/100 Dollars ($27,055,477) for improved lot value, which assessed value of the Property within the Service Area at build -out is expected to be sufficient to reasonably discharge the Debt under the Financial Plan attached hereto as Exhibit G. Approval of this Service Plan by the Town does not imply approval of the development of a specific area within the Service Area, nor does it imply approval of the number of residential units or the total site/floor area of commercial or industrial buildings identified in this Service Plan or any of the exhibits attached thereto, which approvals shall be as set forth in an Approved Development Plan. Property within the Service Area has previously been approved for development by the Town. Approval of this Service Plan by the Town in no way releases or relieves the developer of the Project, or the developer, landowner or subdivider of any property within the Service Area, or any of their respective successors or assigns, of obligations to construct public improvements for the Project or of obligations to provide to the Town such financial guarantees as may be required by the Town to ensure the completion of the Public Improvements, or of any other obligations to the Town under the applicable Approved Development Plan, the Town Code or any applicable annexation agreement, subdivision agreement, or other agreements affecting the Project property or development thereof. V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES A. Powers of the Districts and Service Plan Amendment. The Districts shall have the power and authority to provide the Public Improvements and related operation and maintenance services as such power and authority is described in the Special District Act and other applicable statutes, common law, and the Constitution, subject to the limitations set forth herein, in the Approved Development Plan, and in the Intergovernmental Agreement. 1. Operation and Maintenance Limitation. The purpose of the Districts is to plan for, design, acquire, construct, install, relocate, redevelop and finance the Public Improvements. The Districts shall dedicate the Public Improvements to the Town or other appropriate jurisdiction or owners association in a manner consistent with the Approved Development Plan, the Intergovernmental Agreement, and other rules and regulations of the Town and applicable provisions of the Town Code. No District shall be authorized to operate and maintain any part or all of the Public Improvements unless the provision of such operation and maintenance is pursuant to the Intergovernmental Agreement with the Town. If the Districts is E. authorized in the Intergovernmental Agreement to operate and maintain any parks or trails, then unless otherwise expressly specified in the Intergovernmental Agreement, all such parks and trails shall be open to the general public free of charge. The Districts may impose a mill levy, Special Assessments and/or Fees to pay for Operation and Maintenance Costs in accordance with Section VII.H below. 2. Fire Protection Limitation. The Districts shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, fmance, operate or maintain fire protection facilities or services, unless such facilities and services are provided pursuant to a written agreement with the Town and with Firestone Fire Protection District. The authority to plan for, design, acquire, construct, install, relocate, redevelop or finance fire hydrants and related improvements installed as part of the water system shall not be limited by this provision. 3. Television Relay and Translation Limitation; Mosquito Control, and Other Limitations. Unless such facilities and services are provided pursuant to the Intergovernmental Agreement, the Districts shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate, maintain, or provide: (a) any television relay and translation facilities and services, other than for the installation of conduit as a part of a street construction project; (b) any mosquito control facilities and services; (c) any solid waste disposal, collection and transportation facilities and services; and (d) any security, covenant enforcement and design review services. 4. Limitation on Extraterritorial Service. The Districts shall be authorized to provide services or facilities outside the Service Area or to establish fees, rates, tolls, penalties or charges for any services or facilities only in accordance with an Approved Development Plan, the Intergovernmental Agreement, or other agreement to which the Town is a party or otherwise gives its written consent, as evidenced by resolution of the Town Board of Trustees. 5. Telecommunication Facilities. The Districts agrees that no telecommunication facilities shall be constructed except pursuant to the Intergovernmental Agreement and that no such facilities owned, operated or otherwise allowed by the Districts shall affect the ability of the Town to expand its public safety telecommunication facilities or impair existing telecommunication facilities. 6. Construction Standards Limitation. The Districts will ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications of the Town and of other governmental entities having proper jurisdiction. The Districts will obtain the approval of civil engineering plans from the appropriate jurisdiction and will obtain applicable permits for construction and installation of Public Improvements prior to performing such work. 7. Zoning and Land Use Requirements. The Districts shall be subject to all of the Town's zoning, subdivision, building code and other land use requirements. 8. Conveyance. The Districts agrees to convey to the Town, upon written notification from the Town and at no cost to the Town, any interest in real property owned by the Districts that is necessary, in the Town's sole discretion, for any Town capital improvement projects for transportation, utilities or drainage, so long as such conveyance does not interfere with 0 the Districts' ability to construct, operate and/or maintain Public Infrastructure, as the same may be limited by this Service Plan. 9. Eminent Domain. The Districts shall provide the Town with written notice prior to its exercise of the power of eminent domain. 10. Water Rights/Resources Limitation. The Districts shall be authorized to acquire, own, manage, adjudicate or develop water rights or resources as provided pursuant to the Intergovernmental Agreement. 11. Inclusion Limitation. It is anticipated that the Districts' boundaries may change from time to time as they undergo inclusions and exclusions pursuant to Section 32-1-401, et seq., C.R.S., and Section 32-1-501, et seq., C.R.S. No property will be included within any District at any time unless such property has been annexed into the Town's corporate limits. It is the intent of this provision that property within the Service Area be included only within one District. 12. Exclusion Limitation. The Districts may exclude fxom their boundaries any property within the Districts Boundaries so long as the excluded property is concurrently included into one of the other Homestead Ranch Metropolitan Districts. Any other exclusion shall require the prior written notice to and approval by the Town. No District shall exclude from its boundaries property upon which a Debt mill levy has been imposed for the purpose of the inclusion of such property into another district that has been or will be formed under the Special District Act, without the prior written consent of the Town, as evidenced by resolution of the Town Board of Trustees. 13. Overlap Limitation. The boundaries of a District shall not overlap with any other district formed under the Special District Act if such overlap will cause that District's mill levy to exceed the Maximum Debt Mill Levy, the Maximum Operation and Maintenance Mill Levy and/or the Maximum Aggregate Mill Levy. 14. Monies from Other Govermxxental Sources. The Districts shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds, or other funds available from or through governmental or non-profit entities that the Town is eligible to apply for, except pursuant to the Intergovernmental Agreement. This Section shall not apply to specific ownership taxes that shall be distributed to and be a revenue source for the Districts without any limitation. 15. Consolidation Limitation. No District shall file a request with any Court to consolidate with another Title 32 district without the prior written consent of the Town, as evidenced by resolution of the Town Board of Trustees, unless such consolidation is with one of the other Districts to which this Service Plan applies. 16. Subdistrict Limitation. No District shall create any subdistrict pursuant to Section 32-1-1101, C.R.S. without the prior written consent of the Town, as evidenced by resolution of the Town Board of Trustees. 17. Fees. A District may impose and collect Fees for services, programs or facilities furnished by that District; may from time to time increase or decrease its Fees, and may 10 use the revenue from Fees for the payment of Operation and Maintenance Costs and for the payment of any indebtedness of that District, all subject to the following limitations: a. Unless specifically authorized in the Intergovernmental Agreement or other agreement to which the Town is a party or otherwise gives its written consent, as evidenced by resolution of the Town Board of Trustees, the Districts shall not impose or assess any fees, rates, tolls, penalties, or charges other than the Development Fee without first obtaining Town approval of an amendment to this Service Plan, which amendment shall be deemed to be a material modification of the Service Plan. b. A District may collect a Development Fee, provided that such Development Fee does not exceed the following limits: i. For each single-family detached residential unit, the Development Fee shall not exceed Two Thousand Five Hundred Dollars ($2,500.00) ii. For each single-family attached or multi -family residential unit, the Development Fee shall not exceed Two Thousand Five Hundred Dollars ($2,500.00). iii. For a structure other than a single-family or multi -family residential structure, the Development Fee shall not exceed One Dollar Ninety Cents ($1.90) per square foot of the structure. The Development Fee set forth in this Service Plan may increase by up to the Consumer Price Index for Denver -Boulder, all items, all urban consumers (or its successor index for any years for which Consumer Price Index is not available) each year thereafter (as an inflation adjustment) commencing on January 1, 2019. The Development Fee shall be collected prior to issuance of a certificate of occupancy. 18. Special _Assessments. If authorized in the Intergovernmental Agreement, a District may establish one or more special improvement districts within its District Boundaries and may levy a Special Assessment with the special improvement district in order to finance all or part of the costs of any Public Improvements to be constructed or installed that the Districts is authorized to finance. 19. Revenue Bonds Limitation. Revenue Bonds are bonds payable in whole or in part from revenues other than the Districts' property and specific ownership specific ownership taxes. If authorized in the Intergovernmental Agreement, the Districts may issue revenue bonds. 20. Public Improvement Fee and Sales Tax Limitation. The Districts shall not impose, collect, receive, spend or pledge to any Debt any fee, assessment, tax or charge which is collected by a retailer in the Districts on the sale of goods or services by such retailer and which is measured by the sales price of such goods or services, except as provided pursuant to an agreement with the Town approved by the Town Board. 21. Bankruptcy Limitation. All of the limitations contained in this Service Plan, including, but not limited to, those pertaining to the Maximum Aggregate Mill Levy, the Maximum 11 Debt Mill Levy, the Maximum Operation and Maintenance Mill Levy, and Fees have been established under the authority of the Town to approve a Service Plan pursuant to Section 32-1- 204.5, C.R.S. It is expressly intended that such limitations: a. Shall not be subject to set -aside for any reason or by any court of competent jurisdiction, absent a Service Plan Amendment; and b. Are, together with all other requirements of Colorado law, included in the "political or governmental powers" reserved to the State under the U.S. Bankruptcy Code (I I U.S.C.) Section 903, and are also included in the "regulatory or electoral approval necessary under applicable nonbankruptcy law" as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy Code Section 943(b)(6). The filing of any bankruptcy petition by any District shall constitute, simultaneously with such fling, a material departure of the express terms of this Service Plan, thus necessitating a material modification that must be submitted to the Town for its consideration as a Service Plan Amendment, 22. Reimbursement Agreement. If any District utilizes reimbursement agreements to obtain reimbursements from third -party developers or adjacent landowners for costs of improvements that benefit third party landowners, such agreements shall be done in accordance with Town Code. If a reimbursement agreement exists or is entered into for an improvement financed by a District, any and all resulting reimbursements received for such improvement shall be deposited in that District's debt service fund and used for the purpose of retiring the Districts' debt. 23. Service Plan Amendment Requirement. This Service Plan has been designed with sufficient flexibility to enable the Districts to provide required services and facilities under evolving circumstances without the need for numerous amendments. Actions of any District which violates the limitations set forth in V.A. above or in VII.0 or VII.D shall be deemed to be material modifications to this Service Plan and the Town shall be entitled to all remedies available under State and local law to enjoin such actions of the Districts. B. Preliminary Engineering Survey. The Districts shall have authority to provide for the planning, design, acquisition, construction, installation, relocation, redevelopment, maintenance, and financing of the Public Improvements. A Capital Plan, including: (1) a comprehensive list of the Public Improvements to be developed by the Districts; (2) an estimate of the cost of the Public Improvements, together with a letter from a Colorado professional registered engineer certifying that such costs are reasonable in the engineer's opinion and that such estimates were prepared based upon Town construction standards; and (3) a pro forma capital expenditure plan correlating expenditures with development is attached hereto as Exhibit E. Maps depicting one proposed layout of the public improvements are attached hereto as Exhibit F. The Districts shall be authorized to construct Public Improvements that shall be more specifically defined in each applicable Approved Development Plan, the Intergovernmental Agreement, or other agreement to which the Town is a party or otherwise gives its written consent, as evidenced by resolution of the Town Board of Trustees. The estimated the costs of the Public Improvements which may be planned for, designed, acquired, constructed, installed, relocated, redeveloped, maintained or financed was prepared 12 based upon a preliminary engineering survey and estimates derived from the zoning on the property in the property within the Service Area and is approximately Twenty -Five Million, One Hundred Eighty -Six Thousand, One Hundred Fifty and 001100 Dollars ($25,186,150.00). All of the Public Improvements will be designed in such a way as to assure that the Public Improvements standards will be compatible with those of the Town and shall be in accordance with the requirements of the Approved Development Plans. All construction cost estimates are estimates only and are subject to modification are based on the assumption that construction conforms to applicable local, State or Federal requirements. C. Multiple District Structure. It is anticipated that the Districts, collectively, will undertake the financing and construction of certain of the Public Improvements contemplated herein. Specifically, the Districts shall enter into one or more intergovernmental agreements with each other that shall govern the relationships between and among them with respect to the financing, construction and operation of the Public Improvements. The Districts will establish a mechanism whereby any one or more of the Districts may separately or collectively fund, construct, install and operate the Public Improvements. VI. REGIONAL IMPROVEMENTS The Districts shall be authorized and required to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment and to contribute to the funding of the Regional Improvements, and to fund the administration and overhead costs related to the provisions of the Regional Improvements incurred as a result of participation in the Regional Improvements obligations set forth in the Intergovernmental Agreement. The proponents of the Districts acknowledge and agree that the provisions in this Service Plan and the Intergovernmental Agreement for the Districts' participation in Regional Improvements are material considerations in, and conditions of the Town's approval of this Service Plan, and the Town has relied thereon in approving this Service Plan, VII. FINANCIAL PROVISIONS A. General. The Districts shall be authorized to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment of the Public Improvements from their revenues and by and through the proceeds of Debt to be issued by the Districts. The Districts may impose a mill levy on taxable property within its boundaries as a primary source of revenue for repayment of debt service and for operation and maintenance. A District may also rely upon various other revenue sources authorized by law. At a District's discretion, these may include the power to assess Fees as provided in Section 32-1-1001(1), C.R.S., as amended from time to time and as limited by Section V.A.17 above, and a District may impose Special Assessments as provided in Section 32-1-1101.7, C.R.S. and in accordance with Section V.A.18, above. The Financial Plan for the Districts, which is attached hereto as Exhibit G, reflects that each District will issue no more Debt than that District can reasonably expect to pay from revenues 13 derived from the Maximum Debt Mill Levy, Fees, Special Assessments and other legally available revenues. The aggregate amount of Debt the Districts shall be permitted to issue for the Public Improvements, except for the Regional Improvements, but including any Debt for Public Improvements to be constructed to serve any special improvement district, shall not exceed Twenty -Five Million Dollars ($25,000,000.00) and each District may issue such Debt on a schedule and in such year or years as the Districts determines shall meet the needs of the Financial Plan referenced above and phased to serve development as it occurs. The Debt limit set forth in this Section VII.A., when added to the Debt limit for the Regional Public Improvements set forth in Section VI above, shall not exceed the Total Debt Limit. General obligation refunding bonds may be issued by the Districts to defease original issue District Bonds in compliance with applicable law, but any such refunding shall not extend the maturity of the bonds being refunded nor increase the total debt service thereon and shall meet the requirements of § 32-1-1101(6)(a), C.R.S. Refunding bonds shall not be subject to the debt limit stated above, provided that such refunding bonds demonstrate net present value debt service savings; but if such refunding bonds do not demonstrate net present value debt service savings, any increase in principal amount of the refunding bonds over the principal amount of bonds being refunded shall be subject to such debt limit. B. Maximum Voted Interest Rate and Maximum Underwriting Discount. The interest rate on any Debt is expected to be the market rate at the time the Debt is issued. In the event of a default, the proposed maximum interest rate on any Debt is not expected to exceed eighteen percent (18%). The proposed maximum underwriting discount will be four percent (4%). Debt, when issued, will comply with all relevant requirements of this Service Plan, State law and Federal law as then applicable to the issuance of public securities. All debt -related election ballot questions shall be drafted so as to limit a District's debt service mill levy to the Maximum Debt Mill Levy. Prior to any election to authorize the issuance of debt, a District shall cause a letter prepared by an attorney in the State of Colorado to be provided to the Town opining that election questions related to the Debt include the limitations in this paragraph. Failure to observe the requirements established in this paragraph shall constitute a material modification under the Service Plan and shall entitle the Town to all remedies available at Iaw and in equity, including the remedies provided for in Section VII.D.4, below. C. Mill Levies. 1. Maximum Debt Mill Levy. The Maximum Debt Mill Levy, which shall be subject to a Mill Levy Adjustment, shall be the maximum mill levy a District is permitted to impose upon the taxable property within the Districts for payment of Debt, and shall be fifty (50) mills for so long as the total amount of aggregate Debt of the Districts exceeds fifty percent (50%) of the Districts' assessed valuation; provided that if, on or after January 1, 2019, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2019, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in 14 the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation. At such time as the total amount of aggregate Debt of a District is equal to or less than fifty percent (50%) of the Districts' assessed valuation, either on the date of issuance of any Debt or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject to the Maximum Debt Mill Levy if End Users cast the majority of affirmative votes taken by the Districts' Board of Directors at the meeting authorizing such action, and, as a result, the mill levy may be such amount as is necessary to pay the debt service on such Debt, and the Board may f other provide that such Debt shall remain secured by such increased mill levy, notwithstanding any subsequent change in the Districts' Debt to assessed value ratio. 2. Operations and Maintenance Mill Levy. The Districts will be allowed to impose an additional mill levy for operations, administration and maintenance of Public Improvements and additional administration expenses of the Districts. The Operation and Maintenance Mill Levy, which shall be subject to a Mill Levy Adjustment, shall be permitted to be imposed upon the taxable property within the Districts for payment of Operation and Maintenance Costs, and shall be fifty (50) mills until such time that the Districts issues Debt. After the Districts issues Debt, the Operation and Maintenance Mill Levy for the Districts are anticipated to be ten (10) mills; provided that if, on or after January 1, 2019, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation applicable to such mill levy may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2019, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation. The Operation and Maintenance Mill Levy shall apply to the Districts' ability to increase its mill levy as necessary for provision of operation and maintenance services to its taxpayers and service users until such time as End Users cast the majority of affirmative votes taken by the District's Board of Directors at a meeting authorizing an increase of such Operation and Maintenance Mill Levy. 3. Additional Mill Levy and Tax Increment. The District is located with the boundaries of the proposed Bighorn Urban Renewal Plan (the "Plan"). Pursuant to an Intergovernmental Agreement for Property Tax Increment Revenue Sharing to be entered into by and between the District and FURA within sixty days of the organization of the District (or as soon thereafter as possible), the District shall agree that FURA may retain and expend 100% of the property tax increment revenues derived from an additional fifteen (15) mills certified and imposed for a period of five years commencing on the date of approval by the Town of the Plan ("District Increment"). The District acknowledges that the service area is benefited by the approval of the Plan and activities and undertakings of FURA in furtherance of the Plan and Urban Renewal Law. 4. The Maximum Aggregate Mill Levy. The Maximum Aggregate Mill Levy (which shall be adjusted to reflect any Mill Levy Adjustment in the Maximum Debt Mill Levy and the Operation and Maintenance Mill Levy) shall be the maximum combined mill levy a District is permitted to impose upon the taxable property within the Districts for payment of all expense 15 categories, including but not limited to Debt, capital costs, organizational costs, and Operation and Maintenance Costs, (exclusive of the additional fifteen (15) mill levy imposed for the first five years after approval of the Plan), and shall be sixty (60) mills until such time as End Users cast the majority of affirmative votes taken by the Districts' Board of Directors at a meeting authorizing an increase of such Maximum Aggregate Mill Levy; provided that if, on or after January 1, 2019, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation applicable to such Maximum Aggregate Mill Levy may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2019, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation. The foregoing notwithstanding, any action taken by the District to increase the Maximum Debt Mill Levy must be taken in accordance with Section VII.C.1, above. D. Debt Parameters. 1. All Debt issued by a District must be issued in compliance with the requirements of Section 32-1-1101, C.R.S. and all other requirements of State law. On or before the effective date of approval of an Approved Development Plan by the Town, no District shall: (a) issue any Debt; (b) impose a mill levy for the payment of Debt by direct imposition or by transfer of funds from the operating fund to the Debt service funds; (c) impose and collect any Fees used for the purpose of repayment of Debt, or (d) levy any Special Assessments. 2. No District shall pledge any revenue or property of the Town as security for the indebtedness set forth in this Service Plan. Approval of this Service Plan shall not be Construed as a guarantee by the Town of payment of any of a District's obligations, nor shall anything in the Service Plan be construed so as to create any responsibility or liability on the part of the Town in the event of default by a District in the payment of any such obligation. 3. The Districts shall not issue Debt in excess of the Total Debt Limit, which amount is Twenty Five Million Dollars ($25,000,000.00), which Total Debt Limit includes any Debt issued for Public Improvements and Regional Improvements; provided that the foregoing shall not include the principal amount of Debt which has been refunded or which is a contractual pledge of taxes or other revenue from a District to another District. 4. Any Debt issued by a District with a pledge or which results in a pledge that exceeds the Maximum Debt Mill Levy (subject to the Mill Levy Adjustment) shall be deemed a material modification of this Service Plan pursuant to Section 32-1-207, C.R.S. and shall not be an authorized issuance of Debt unless and until such material modification has been approved by the Town as part of a Service Plan Amendment. The Town shall be entitled to all remedies available at law to enjoin such actions of the Districts, including the remedy of enjoining the issuance of additional authorized but unissued debt, until such material modification is remedied. 16 E. Debt Instrument Disclosure Requirement. In the text of each Bond and any other instrument representing and constituting Debt, the District shall set forth a statement in substantially the following form: By acceptance of this instrument, the owner of this Bond agrees and consents to all of the limitations in respect of the payment of the principal of and interest on this Bond contained herein, in the resolution of the Districts authorizing the issuance of this Bond and in the Service Plan for creation of the Districts. Similar language describing the limitations in respect of the payment of the principal of and interest on Debt set forth in this Service Plan shall be included in any document used for the offering of the Debt for sale to persons, including, but not limited to, a developer of property within the boundaries of the Districts. F. Privately Placed Debt Limitation. Prior to the issuance of any privately placed Debt, the Districts shall obtain the certification of an External Financial Advisor substantially as follows: We are [I am] an External Financial Advisor within the meaning of the Districts' Service Plan. We [I] certify that (1) the net effective interest rate (calculated as defined in Section 32-1-103(12), C.R.S.) to be bome by [insert the designation of the Debt] does not exceed a reasonable current [tax exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the Districts. G. TABOR Compliance. The Districts will comply with the provisions of TABOR. In the discretion of the Board, a District may set up other qualifying entities to manage, fund, construct and operate facilities, services, and programs. To the extent allowed by law, any entity created by a District will remain under the control of that District's Board, and any such entity shall be subject to and bound by all terms, conditions, and limitations of the Service Plan and the Intergovernmental Agreement. H. Districts' Organizational Costs and Operation and Maintenance Costs. The Districts' Organizational Costs, including the estimated cost of acquiring land, engineering services, legal services and administrative services, together with the estimated costs of the Districts' organization and initial operations are eligible for reimbursement from Debt proceeds. 17 In addition to the capital costs of the Public Improvements, the Districts will require operating funds for Operation and Maintenance Costs including administration and to plan and cause the Public Improvements to be constructed and maintained, and for ongoing administrative, accounting and legal costs. The operating budget for the Districts is set forth in the Financing Plan. VIII. ANNUAL REPORT A. General. Each District shall be responsible for submitting an annual report to th-- Town Clerk within 120 days of the end of the Districts' fiscal year. B. Reporting of Significant Events. The annual report shall include information as to any of the following: 1. Boundary changes made or proposed to the Districts' boundary as of December 31 of the prior year. 2. Copies of the Districts' rules and regulations, if any, as of December 31 of the prior year. 3. A summary of any litigation which involves the Public Improvements as of December 31 of the prior year. 4. Status of the Districts' construction of the Public Improvements as of December 31 of the prior year. S. A list of all facilities and improvements constructed by the Districts that have been dedicated to and accepted by the Town or other service provider providing service to the property in the Districts, as of December 31 of the prior year. 6. Notice of any uncured events of default by the Districts, which continue beyond a ninety (90) day period, under any Debt instrument. 7. Any inability of the Districts to pay its obligations as they come due, in accordance with the terms of such obligations, which continue beyond a ninety (90) day period. IX. DISSOLUTION Upon an independent determination of the Town Board that the purposes for which a District was created have been accomplished, that District agrees to file apetition in the appropriate District Court for dissolution, pursuant to the applicable State statutes. In no event shall dissolution occur until the Districts has provided for the payment or discharge of all of its outstanding indebtedness and other financial obligations as required pursuant to State statutes. 18 X. DISCLOSURE NOTICES The Districts will use reasonable efforts to assure that all developers of the property located within the Districts provide written notice to all purchasers or lessees of property in the Districts regarding the Maximum Debt Mill Levy as well as a description of the District's authority to impose and collect rates, fees, penalties or charges. The Districts shall provide notice to all eligible electors of the Districts, in accordance with Section 32-1-809, C.R.S. and record a Districts public disclosure document and a map of the Districts boundaries with the Clerk and Recorder of each County in which Districts' property is located, in accordance with Section 32-1-104.8, C.R.S. XI. INTERGOVERNMENTAL AGREEMENT The form of the Intergovernmental Agreement required by the Town Code, relating to the limitations imposed on the Districts' activities, is attached hereto as Exhibit K. The Districts shall approve the Intergovernmental Agreement at their first Board meeting after its organizational election, and shall upon approval deliver the executed Intergovernmental Agreement to the Town. The Intergovernmental Agreement may be amended from time to time by the Districts and the Town, and may include written consents and agreements of the Town as required throughout this Service Plan. Alternatively, such written consents of the Town may be obtained by the Districts without amending the Intergovernmental Agreement, and the Town and each of the Districts may execute additional written agreements concerning matters set forth in this Service Plan. The Districts will also enter into an intergovernmental agreement regarding the functions and services to be provided by each District, and the mechanisms to be used by the Districts for the sharing of costs of Public Improvements. No intergovernmental agreements other than the Intergovernmental Agreement and the District's inter -district intergovernmental agreements are anticipated. XII. COMPLIANCE WITH LAWS The approval of the Service Plan shall not limit the Town in implementing any growth limitations imposed by the Board of Trustees or the voters. The District shall be subject to all of the Town's zoning, subdivision, building code or land use requirements. XIII. CONCLUSION It is submitted that this Service Plan for the Districts, as required by Section 32-1-203(2), C.R.S., establishes that: 1. There is sufficient existing and projected need for organized service in the area to be serviced by the Districts; 2. The existing service in the area to be served by the Districts is inadequate for present and projected needs; 3. The Districts are capable of providing economical and sufficient service to the area within its proposed boundaries; and 19 4. The area to be included in the Districts has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. pill EXHIBIT A Legal Description NORTHERN ENGINEERING DESCRIPTION: DISTRICT 1 A tract of land being a portion of Lot 2, Homestead at Firestone Minor Plat, recorded at Weld County Clerk and Recorder at Reception No. 3289490, located in the West Half of Section 4, Township 2 North, Range 67 West of the 6th P.M., Town of Firestone, County of Weld, State of Colorado, and being more particularly described as follows: Considering the East line of the Northwest Quarter of Section 4 as bearing South 00' 08' 05" West and with all bearings contained herein relative thereto: COMMENCING at the Center Quarter corner of Section 4; thence, North 63' 02' 5 1 " West, 1263.49 feet to the POINT OF BEGINNING; thence, North 90' 00' 00" West, 50.00 feet; thence, North 00' 00' 00" West, 100.00 feet; thence, North 90' 00' 00" East, 50.00 feet; thence, South 00' 00' 00" East, 100.00 feet to the POINT OF BEGINNING. The above described tract of land contains 5,000 feet or 0.115 acres, more or less and is subject to all easements and rights -of -way now on record or existing. LMS August 26, 2016 S:lSurvey JobA I 1-0091Dwg1District Map1911-009 District l Description. docx 301 N. Howes Street, Suite 100, Fort Collins, CO 80521 1 970,221.4158 1 www,northernengineering.com DISTRICT 1 T�50' ROW ZINNIA AVENUE (WCR 26) NW CORNER SECTION 4-2-67 I 50' ROW NORTH 4CORNER SECTION 4-2-67 DISTRICT 3 \ 0 0 0 oco cn m o LQQcn DISTRICT 1 1n o � r 51000 sq. ft. CO4Z. m W DISTRICT 2 0.115 ac. > 6 ° POINT OF m BEGINNING J Q Z 7263?s` 49' WEST -'CORNER SOUTH LINE SECTION 4-2-67 OF THE NW 4 POINT OF SECTION 4-2-67 COMMENCEMENT CENTER-! CORNER N� SECTION 4-2-67 DISTRICT 4 � f I SE CORNER SOUTH 4 CORNER SECTION 4-2-67 SECTION 4-2-67 FIRESTONE BLVD. (WCR 24) 14� 50' ROW — HOMESTEAD RANCH NENORTHERN METRO DISTRICT ENGINEERING DRAWN BY: L. Smith SHEET NO: SCALE: 1 "=700' 301 North Howes Street, Suite 100 PHONE: 970,221A158 Fort Collins, Colorado 80521 www.ncrthernengineering.com ISSUED: FEBRUARY 26, 2016 D ^ 1 NORTHERN ENGINEERING DESCRIPTION: DISTRICT 2 A tract of land being a portion of Lot 2, Homestead at Firestone Minor Plat, recorded at Weld County Cleric and Recorder at Reception No. 3289490, located in the West Half of Section 4, Township 2 North, Range 67 West of the 6th P.M., Town of Firestone, County of Weld, State of Colorado, and being more particularly described as follows: Considering the East line of the Northwest Quarter of Section 4 as bearing South 00' 08' 05" West and with all bearings contained herein relative thereto: COMMENCING at the Center Quarter corner of Section 4; thence along the South line of the Northwest Quarter of Section 4, North 89' 19' 09" West, 1353.42 feet to the POINT OF BEGINNING; thence, South 01' 13' 36" West, 272.41 feet; thence, South 26' 37' 16" West, 320.00 feet; thence, North 89' 24' 03" West, 438.73 feet to an angle point of aforementioned Lot 2; tbence along the line of said Lot 2, North 89' 24' 03" West, 610.00 feet to the East right-of-way line of Ingalls Street (WCR 17),- thence along said East line the following 2 courses and distance: North 00' 05' 14" East, 561.68 feet; thence, North 00' 04` 48" East, 2757.52 feet to a point also being on the South right-of- way line of Zinnia Avenue (WCR 26); thence, South 47' 54' 01" East, 1155.75 feet; thence, South 19' 32' 51" East, 1066.61 feet; thence, South 01' 13' 36" West, 991.99 feet to the POINT OF BEGINNING. The above described tract of land contains 3,212,758 feet or 73.755 acres, more or less and is subject to all easements and rights -of -way now on record or existing. LMS August 26, 2016 S:Isurvey Jobs1911-0091Dwg\District Map1911-009 District 2 Description. docx 301 N. Howes Street, Suite 100, Fort Collins, CO 80521 1 970.221.4158 1 www.northernengineering,com NW CORNER SECTION 4-2-67 50' ROW WEST4CORNER SECTION 4-2-67 SE CORNER SECTION 4-2-67 NU 00 Fort Collins, Colorado 80521 DISTRICT 2 50' ROW 7llxlKllA Al/Gull IF— /1AIrP 9A1 FIRESTONE BLVD. (WCR 24} 50' ROW�T NORTHERN ENGINEERING PHONE:970.221A158 www.northernengineeri ng.com NORTH 4CORNER SECTION 4-2-67 0 wcnm m �nnm car (n — -H r nZZ -z Z Am mN0 X —H z a O m cn z POINT OF COMMENCEMENT CENTER 4CORNER SECTION 4-2-67 SOUTH 4CORNER M. SECTION 4-2-67 r� 9 HOMESTEAD RANCH METRO DISTRICT DRAWN BY: L. Smith SHEET NO: SCALE: 1 "=700' ISSUED: FEBRUARY 26, 2016 D2 INORTHERN ENGINEERING DESCRIPTION: DISTRICT 3 A tract of land being a portion of Lot 2, Homestead at Firestone Minor Plat, recorded at Weld County Clerk and Recorder at Reception No. 3299490, located in the West Half of Section 4, Township 2 North, Range 67 West of the 6th P.M., Town of Firestone, County of Weld, State of Colorado, and being more particularly described as follows: Considering the East line of the Northwest Quarter of Section 4 as bearing South 00' 08' 05" West and with all bearings contained herein relative thereto: BEGINNING at the Center Quarter corner of Section 4; thence along the South line of the Northwest Quarter of Section 4, North 89' 19' 09" West, 1353.42 feet; thence, North 010 13' 36" East, 991.99 feet; thence, North 19' 32' 5 1 " West, 1066.61 feet; thence, North 47' 54' 01" West, 1155.75 feet to the South right-of-way line of Zinnia Avenue (WCR 26); thence along said South line, South 89' 32' 42" East, 1442.82 feet to a point on Lot 1, Homestead at Firestone Minor Plat; thence along the West, South and East lines of said Lot 1 the following 3 courses and distance: South 00' 27' 18" West, 385.60 feet; thence, South 99' 32' 42" East, 300.00 feet; thence, North 00' 27' 18" East, 385.60 feet to the said South right-of-way line; thence along said South line, South 89' 32' 42" East, 810.28 feet to the East line of the Northwest Quarter of Section 4; thence along said East line, South 00' 08' 05" West, 2767.56 feet to the POINT OF BEGINNING. LESS: COMMENCING at the Center Quarter corner of Section 4; thence, North 63' 02' 51" West, 1263.49 feet to the POINT OF BEGINNING; thence, North 90' 00' 00" West, 50.00 feet; thence, North 00' 00' 00" West, 100.00 feet; thence, North 90' 00' 00" East, 50.00 feet; thence, South 000 00' 00" East, 100.00 feet to the POINT OF BEGINNING. The above described tract of land contains 4,364,316 feet or 100.191 acres, more or less and is subject to all easements and rights -of -way now on record or existing. LMS August 26, 2016 S:ISurvcy Iobs1911-0091DwglDistrict Map1911-009 District 3 Description. docx 301 N. Howes Street, Suite 100, Fort Collins, CO 80521 1 970.221.4158 1 www.northernengineering.com DISTRICT 3 50' ROW - — —'� ZINNIA AVENUE (WCR 26) NW CORNER SECTION 4-2-67 50' ROW T DISTRICT 3 I 4,364,316 sq. ft. 100.191 ac. UI w I DISTRICT 2 DISTRICT 1 Of 0(/ I— U) . U) I J J Q z SOUTH LINE WEST -'CORNER OF THE NW z SECTION 4-2-67 a SECTION 4-2-67 I I DISTRICT 4 NORTH jCORNER SECTION 4-2-67 U)C)cn (n -j-� r O�— „zz m p M j11 N Q YZI 4 z m cn z pH POINT OF BEGINNING CENTER -CORNER SECTION 4-2-67 SE CORNER SOUTH -1 ff Z 11 SECTION 4-2-67 SECTION 4-2-67 FIRESTONE BLVD. (WCR 24) j 50' ROW .� NE ,0C Fort Collins, Colorado 80521 NORTHERN ENGINEERING PHONE: 970.221.4158 www.norLhernengireering.com HOMESTEAD RANCH METRO DISTRICT DRAWN BY: L. Smith SHEET NO: SCALE: 1 "=700' ISSUED: FEBRUARY 26, 2016 D3 INORTHERN ENGINEERING DESCRIPTION: DISTRICT 4 A tract of land being a portion of Lot 2, Homestead at Firestone Minor Plat, recorded at Weld County Clerk and Recorder at Reception No. 3289490, located in the West Half of Section 4, Township 2 North, Range 67 West of the 6th P.M., Town of Firestone, County of Weld, State of Colorado, and being more particularly described as follows: Considering the East line of the Northwest Quarter of Section 4 as bearing South 00' 08' 05" West and with all bearings contained herein relative thereto: BEGINNING at the Center Quarter corner of Section 4; thence along the East line of the Southwest Quarter of Section 4, South 00' 07' 08" West, 1316.07 feet to an angle point of aforementioned Lot 2; thence along the Southerly and Easterly line of said Lot 2, North 89' 28' 58" West, 330.00 feet; thence, South 00' 0708" West, 1270.00 feet to the North right-of-way line of Firestone Boulevard (WCR 24); thence along said North line, North 89' 28' 58" West, 1609.06 feet to the Southwest corner of said Lot 2; thence along the West line of said Lot 2, North 0011 05' 14" East, 2030.81 feet; thence, South 890 24' 03" East, 438.73 feet; thence, North 26' 37' 16" East, 320.00 feet; thence, North 01' 13' 36" East, 272.41 feet to the South line of the Northwest Quarter of Section 4; thence along said South line, South 89' 19' 09" East, 1353.42 feet to the POINT OF BEGINNING. The above described tract of land contains 4,296,404 feet or 98.632 acres, more or less and is subject to all easements and rights -of -way now on record or existing. LMS February 25, 2016 SASurvey ]obs191 1-0090wgMistrict Map1911-009 District 4 Description. docx 301 N. Howes Street, Suite 100, Fort Collins, CO 80521 1 970.221.4158 1 www.northernengineering.com DISTRICT 4 50' ROW ZINNIA AVENUE (WCR 26) NW CORNER SECTION 4-2-67 50` ROW C7 Z WEST 4 CORNER SECTION 4-2-67 DISTRICT 2 DISTRICT 3 DISTRICT 1 SOUTH LINE OF THE NW 4 SECTION 4-2-67 `ol� 2 F1R�5�oNE oM�S�M Nov- ?LP, N DISTRICT 4 4,296,404 sq. ft. 98.632 ac. NORTH 4CORNER SECTION 4-2-67 0 0 0 ca m N0W �Ozz Wpm m ry O D Q, -n G) m cn z POINT OF BEGINNING CENTERaCORNER SECTION 4-2-67 SE CORNER SOUTH 1CORNER SECTION 4-2-67 4SECTION 4-2-67 — FIRESTONE BLVD. (WCR 24) j 50' ROW � NE 0 Fort Collins, Colorado 80521 NORTHERN E N G I N E E R I NG PHONE: 970.221.4158 www.northernengin eering.corn HOMESTEAD RANCH METRO DISTRICT DRAWN BY: L. Smith SHEET NO: SCALE: 1" 700' ISSUED: FEBRUARY 26, 2016 D4 EXHIBIT B Boundary Maps MAP OF DISTRICTS 50' ROW ZINNIA AVENUE (WCR 26) SECTION04-2-67 i I I \ I SE TION 4OR67ER 50' ROW I DISTRICT 3 1 4,364,316 sq. ft. �, p 100.191 ac. L n cn U a0zz m DISTRICT 1 2 V o DISTRICT 2 5,000 sq. ft. 3,212,758 sq. ft. C) m �0.115 ac. 73.755 ac. �I J J Q ZI SOUTH LINE WEST CORNER OF THE NW 1 CENTER 4 CORNER SECTION 4-2 67 4 SECTION 4-2-67 SECTION 4-2 67 G F1R . OM�S�M NCR p�P-t DISTRICT 4 4,296,404 sq. ft. 98.632 ac I SE CORNER SOUTH a CORNER SECTION 4-2-67 � � � SECTION 4-2-67 , FIRESTONE BLVD. (WCR 24) 50' ROW�T HOMESTEAD RANCH NORTHERN METRO DISTRICT ME ENGINEERING DRAWN BY: L. Smith SHEET JNO:SCALE: 1 "=700' 301 North Howes Street, Suite 100 PHONE: 970.221.4158 Fort Collins, Colorado 80521 www.northerrengineering.comISSUEQ: FEBRUARY 26,2016 MD E O CD O s N d' N U L� rn 3 a a E E m 0 0 U U L V b. Q] N 15004 1 st Ave. S. 0 11 o CORE PH 7191 5�0 MN 5530fi o CONTACT: RICHARD L. SCHINDLER, P.E. ENGINEERING GROUP EMAIL: Rich@cegl.com a 7 r IT u ZINNIA AVE • SITE c/n^ VJ J J Q 0 z - WCA,24. 577 HOMESTEAD RANCH VICINITY MAP SCALE: DATE: NTS IFEBRUARY 23, 2016 FIGURE NO. EXHIBIT D Property Owners' Consents EAGLE DEVELOPMENT CORPORATION 212 North Wahsatch Avenue, Suite 301 Colorado Springs, Colorado 80903 May 19, 2019 Board of Trustees Town of Firestone 151 Grant Ave. Post Office Box 100 Firestone, CO 80520 RE: Proposed Homestead Ranch Metropolitan District Nos. 1-4 (the "Districts") To The Board of Trustees: Eagle Development Corporation is the owner of the property, excluding rights of way and tracts dedicated to the Town, attached hereto as Exhibit A, which property comprises Homestead Ranch Subdivision and is proposed to constitute the boundaries of the Districts. The purpose of this letter is to advise that the property owner consents to the organization of the Districts. STATE OF COLORADO ss. COUNTY OF EAGLE DEVELOPMENT CORPORATION A Colorado Corporation M. Jeff Mark, President On this day of , 2019, before me, a Notary Public, personally appeared Jeff Mark in his capacity as President of Eagle Development Corporation, a Colorado corporation, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same in the indicated capacity as his free act and deed. Witness my hand and seal of office. My commission expires: [S E A L] Notary Public EXHIBIT E Engineering Estimates CORE ENGINEERING GROUP February 23, 2016 Town of Firestone 151 Grant Street Firestone, Colorado 80520 RE: Proposed Homestead Ranch Metropolitan Districts Staff, 1, Richard L. Schindler, a Registered Professional Engineer in the State of Colorado, have estimated typical development costs within the proposed Homestead Ranch Metropolitan Districts. Homestead at Firestone is a 752 lot residential subdivision located in the Town of Firestone and is currently in the early planning stages of development. Homestead Ranch Development Costs (762 lots) Item Cost Development Construction Cost $20,815,000 10% Contingency $2,081,500 Subtotal $22,896,500 10% Project Administration, Design, Construction Management $2,289 650 Grand Total $25,186,150 Cost Per Lot (752 lots) $33,492 per lot Based on the above assumptions, I believe the Public Improvement Estimate of Probable Construction Costs contained within the Service Plan for Homestead Ranch Metropolitan Districts is reasonable for the public improvements portion of the project based on the known data for this subdivision. Sincerely, Core Engineering Group O .19 fl: C --997��: Richard Schindler, P.E. Appendix -- Cost Calculation Page 1 of 3 15004 V Avenue S. • Burnsville, MN 55306 719.570.1100 (ph) CE CORE ENGINEERING GROUP Appendix — Cost Calculation Data from the following sources have been used in preparation of this letter: 1. A Preliminary Plat, prepared by JL Walter Consulting, dated February, 2007, 2. A Preliminary Drainage Report prepared by Tom Knostman, dated June 5, 2006 3. Traffic Impact Study prepared by Eugene Coppola, dated August 8 , 2005 4. Offsite District Costs prepared by Core Engineering Group, dated July 28, 2014 5. Typical Development Costs prepared by Core Engineering Group, dated July 28, 2014 6. Development costs for various residential developments by The Landhuis Company The current size of the Homestead at Firestone development is around 280 acres and currently has a total of 583 lots for a density of 2.08 dwelling units per acre. The current preliminary plat includes 77 acres of land for open space, detention pond, and gas well point land uses. It is proposed to change the density of the project to 3.0 d.u.lacre which would equate to approximately 752 single family dwelling units which is used in these calculations. The current concept plan by the Birdsall Group has 35,500 feet of streets planned to serve the project. Page 2 of 3 15004 1" Avenue S. a Burnsville, MN 55306 719.570.1100 (ph) CE ENGINEERING GROUP Typical Construction Costs (35,500 LF of streets) Item Costifoot Construction Costs Watermain — Onsite $90 $3,195,000 Sanitary Sewer - Onsite $95 $3,372,500 Storm Sewer - Offsite $45 $1,597,500 Streets - Onsite $140 $4,970,000 Grading & Erosion Control $40 $1,420,000 Oversized Detention Facilities, Channels, and Crossings -- Per Drainage Report $550,000 Offsite Watermain — Town of Firestone $860,000 Offsite Water Interconnect $450,000 Offsite Sanitary Sewer — St. Vrain Sanitation District $513,000 Offsite Auxilliary Lanes (57,000sf) and Existing Road Paving (190,000sf) — based on Traffic Stud $1,976,000 Non -Potable Watermain (Potential) $551,000 Entryways, Landscaping, Open Space, Parks $350,000 Street Lighting (85 fights) & ROW sleeves $610,000 Regional Trail Connections $400,000 Subtotal $20,815,000 Page 3 of 3 15004 lst Avenue S. • Burnsville, MN 55306 719.570.1100 (ph) HOMESTEAD MEADOWS' �r : /1111lull 1� 1111111w '� •� �� �. a i11111i IIIIii- � 11,00 1i1 �`�i1ii 11111111/1� 1111� illlll11111111111 , 11.1111r� �11111111 I11111� \111111�.:�1��111� illlllllV , � �� 4 ' � r ■1111� LAND USE TABLE ORIG�NAL CONCEPT PLAN LOT COUNT S64 ORJGNALCONCEPrr PLAN LOT COUNT 752 �NI �llll EXHIBIT F Location of Public Improvements ZINNIA AVE/ WCR 26 SANITARY SEWER I I CONNECTION i POND TO WWTP q q I i I ® I I ® I ss-e asp i i a POND I T I ! € U U) LLLIJ � I J Q c� Z b8-42 I I I POND I I € I ! f r I I I I I I I I I I I I 53--e FIRESTONE BLVD. 1 WCR 24 scut: r-400' HOMESTEAD, RANCH CE CORE THE LANDHUIS ENGINEERING GROUP COMPANY SANITARY SEWER EXHIBIT au x. w OMP xre. sunc wm.m coaxes enm.00 eouw °`ems �'E°"�� xer. ,ar wvnc evu� xias�Msan 12" WATERMAIN ZINNIA AVE 1 WCR 26 INTERCONNECT Y_ I POND I I I ti I ; I +r-a +. a I 9 I # I r-e r I LLL r-e FT POND J � J Q Z I I I N-IR 1F I � Lu I CONNECT TO 12" I I WATERMAIN LOOP POND I 1 � I I I I I i I I I I I I I I s I � I I ■-a FIRESTONE BLVD. 1 WCR 24 CONNECT TO 12" SCAIE, �•_,00• OFFSITE WATERMAIN _7 HOMESTEAD RANCH ��` CORE THE LANnHUlS ENGINEERING GROUP COMPANY'"�";yR„ WATERMAIN EXHIBIT LOLpMW �MXGi SOLPWO WW] D]"ACT: Rtl1ARi L SWNdfA. A£ �h9) �-�ar FlAA1 R<fifiYa�Gl.own AGI: JFFi "MK ZINNIA AVE ! WCR 26 � I I POND I I I TD rTTTm FWi i I I I I I LLU. I I I LLLLi-U U POND L[i:LLM UIL H I t I � I I E Fi[ J J Q Z I I I I I POND I I I I 1 � I I I I I I � I I I I I I I I I FIRESTONE BLVD. / WCR 24 0 H�� CORE "® THE LAN�HUIS HOMESTEAD RANCH ENGINEERING GROUP COMPANY 212" WH9A""�wm" STORM SEWER EXHIBIT ,�"� PE E a U) r. s N C m c I CORE ENGINEERING GROUP S�'t %) � w- G 1 ; SANITARY SEWER ,111A# CONNECTION TO a,0WWTP 15004 1st Ave. S. BURNSVILLE MN 55306 PH: 719.570.1100 CONTACT: RICHARD L. SCHINDLER, P.E. EMAIL: Rich®ceg1.com SCALE: N TS - t I SITE A 24 FIRESTONE BLVD. HOMESTEAD AT FIRESTONE OFFSITE SANITARY SEWER DATE: I FIGURE NO. JULY 28, 2014 -- C: scare engineering group F-M drive C1Narketing c3roposals Cpandhuis chomestad in firestone Ewtm map.dwg Jul 28, 2014 — 7: 42om FALCC Z 00 m m �o xM Z 0 19 m0-u W <0zc� 0 r D n �7- s�_o➢ �C)m q (D S O Z . � u 0 {n n o 0 3 r CA 0 m m C) S z O r Fri i� V) Z 0 �a cn r m 2 °0 r - cn m ry n m -� 00 m a >0 --jD M --i >� zm K--i Ti > O 0m c I m z 0 E ❑ a az 0 RT TURN LANE LT TURN LANE AND REDIRECT` C-98" FIRE TONE BLVD. 15004 1st Ave. S. COREBUR; 719f 570 M 00 55306 CONTACT: RICHARD L. SCHINDLER, P.E. SCALE ENGINEERING GROUP EMAIL: Rich@cegl.com NTS cieff Sign 1- RT TURN LT TURN AND -;REDIRECT HOMESTEAD AT FIRESTONE OFFSITE STREET IMPROVEMENTS DATE: FIGURE NO. JULY 28, 2014 -- Homestead Ranch Metro Districts Town of Firestone, Colorado Limited Mill General Obligation Bonds Table of Schedules 1 RMD Cover 412212019 Assumptions New Money - Residential Development Preliminary as of 04/22/2019 5.75% Rate Series 2024 50 Mill Bond Levy 6 Mill 0&M Levy Assumes 98.50% of Revenue Available for Debt Service Issue Term Repayment Source Par Amount Project Fund Proceeds at Close Series 2024 30 Year Term Residential $18,490,000 $17,256,495 Total $18,490,000 $17,256,495 1 . Cover Page 2 , Schedule of Revenue & Debt Service 3 . Schedule of Operating Mill Levy & Expense 4 . Improved Lot Value 5 . Residential Development 6 . Assessed Value Summary Series 2024 Residential 7 . Debt Service Schedule 8 . Sources and Uses of Funds PRELIMINARY - FOR DISCUSSION ONLY 4/22/2019 Homestead Ranch Metro Districts Town of Firestone, Colorado Limited Mill General Obligation Bonds Schedule of Revenue & Debt Service HRMC Cashlm 41=19 New Money • Residential Development Residential Residential Assessed Value and Bond Levy Revenue Earnings on -Combined - $18,490,000 Residential Property Tax Bond Levy Series 2024 Cumulative Revenue Net Annual Cumulative Collection Assessed Band From Res. S.O. Revenue for Revenue for Surplus Available for I J Debt Surplus/ Surplus/ Debt Capitalized Year Value Le AV Tax Debt Service Debt Service 2.00% Debt Service Service Interest [� Service Deficit Deficit (1) (2) 3 4) 5) (6) 7) 8) 9 10) (11) 12 13) (14) 98.5% Net of 7.00% Collecborn Fees I� 2018 50.000 - 0 2019 50,000 0 2020 50.000 0 2021 50.000 - - I 0 2025 13,295,723 50.000 654,914 45,837 M0,651 700,651 21,362 722,013 1,D46,052 1,046,052 (324,039) 744,048 2026 15,093,532 50.000 743,356 52,035 795,391 795,391 14,881 810,272 1,046,052 1,046,052 (235,780) 508,268 2027 16,507,962 50.000 813,017 56,911 869,928 869,928 10,165 880,094 1,046,052 i 1,046,052 (165,958) 342,310 2028 18,432,795 50.000 907,B15 63,547 971,362 971,352 6,846 978,208 1,046,052 1,046,052 (67,843) 274,467 2029 19,877,190 50.000 978,952 68,527 1,047,478 1,047,478 5,489 1,052,968 1,046,052 I 1,046,052 6,916 281,382 2030 21,932,302 50.000 1,OB0,166 75,612 1,155,777 1,155,777 5,628 1,161,405 1,101,052 E 1,101,052 60,353 341,735 2031 23,405,065 50.000 1,152,699 80,689 1,233,388 1,233,3B8 6,835 1,240,223 1,2221689 1,222,8B9 17,334 359,069 2032 24,11 50.000 1,187,280 83,110 1,270,390 1,270,390 7,181 1,277,571 , 1,222.539 I 1,222,539 55,032 414,101 2033 24,107,217 50.000 1,187,280 83,110 1,270,390 1,270,390 8,282 1,278,672 1,256,614 1,256,614 22,05E 436,159 2034 24,830,433 50,000 1,222,B99 85,603 1,308,502 1,31 8,723 1,317,225 1,258,102 1,255,102 59,123 495,282 2035 24,83D,433 50.000 1,222,999 85,603 1,308,502 1,308,502 9,906 1,318,407' 1,298,727 1,298,727 19,680 514,962 2036 25,575,346 50.000 1,259,586 88,171 1,347,757 1,347,757 10,299 1,358,056 1,306,189 1 1,305,169 51,667 566,829 2037 25,575,346 50.000 1,259,586 88,111 1,347,757 1,347,757 11,337 1,359,093 1,342,214 1,342,214 16,879 583,708 2038 26,342,607 50.000 1,297,373 90,816 1,388,190 1,3B8,190 11,674 1,399,864' 1,345,077 11345,077 54,787 638,495 2039 26,342,607 50.000 1,297,373 90,816 1,388,190 1,388,190 12,770 1,400,959' 1,386,502 1,386,5D2 14,458 652,952 2040 27,132,855 50.000 1,336,295 93,541 1,429,835 1,429,835 13,059 1,442,894' 1,394,189 1 1,394,189 48,705 701,657 2041 27,132,865 50.000 1,336,295 93,541 1,429,835 1,429,835 14,033 1,443,868 1,429,864 1,429,864 14,004 715,661 2042 27,946,871 50.000 1,376,383 96,347 1,472,730 1,472,730 14,313 1,487,043' 11431,B02 i 1,431,802 55,242 770,903 2043 27,946.871 50.000 1,376,383 96,347 1,472.730 1,472,730 15,418 1,488,148 1,471,727 1,471,727 16,421 787,324 2044 28,785,277 50.000 1,417,675 99,237 1,516,912 1.516,912 15,746 1,532,659 1,477,339 i 1,477,339 55,319 842,643 2045 28,785,277 50.000 1,417,675 99,237 1,516,912 1,516.912 16,853 1,533.765 1,515,364 1,515.364 18,401 861,044 2046 29,646,836 50.000 1,460,205 102,214 1,562,420 1,562,420 17,221 1,579,640 1,518,799 1,51B,789 60,851 921,895 2U41 29,646,636 50.000 1,460,2C5 102,214 1,562,120 1,662,420 18,438 1,5BO,RM7 1,564,339 j 1,564,339 16,518 938,413 2048 30,538,301 50.000 1,504,D11 105,281 1,609.292 1,609,292 18,768 1,628,060 1,569,427 I 1,569,427 58,633 997,046 2040 30,538,301 50.000 1,504,011 105,281 1,609,292 1,609,292 19,941 1,629,233 1,616,054 1,616,064 13,169 1,010,215 2050 31,454,450 50.D00 1.549,132 108,439 1,657,571 1,657,571 20,204 1,677,775 1,611,664 1,611,664 66,111 1,076,326 2051 31,454,450 50.000 1,549,132 108,439 1,657,571 1,657,571 21,527 1,679,097 . 1,663,814 ! 1,663,814 15,283 1,091,609 2052 32,398,083 50.000 1,595,606 111,692 1,707,298 1,707,295 21,832 1,729,130 1,669,064 1,669,064 6C,066 1,151,674 2053 32,398,083 50.000 1,595,606 111,692 1,707,298 1,707,298 23,033 1,730,331 1,709,714 1,709,714 20,617 1,172,211 2054 33,370,026 50.000 1,643,474 115,043 1,758,517 1,75B,517 23,446 1,781,963 1,712,310 I 1,712,310 69,653 1,241,945 39,373,586 2,756,151 42,129.737 42,129,737 437,8481 42,567,584 41,325,540 0 i 41,325,640 1,241,945 PRELIMINARY - FOR DISCUSSION ONLY 412212019 Homestead Ranch Metro Districts Town of Firestone, Colorado HRMo Limited Mill General Obligation Bonds operations 4l2 OIS Schedule of Operating Mill Levy & Expense Projected O&M Property Specific Revenue Annual Cumulative Collectior Assessed Mill Tax @ Ownership Available For Operating Surplus/ Surplus/ Year Value Levy 98.0% Tax Operations Expense Deficit Deficit (1) (2) (3) (4) (5) (6) (7) (8) (9) 7,00°% 2022 2,688,833 6.000 15,810 1,107 16,917 15,917 1,000 5,000 2023 6,558,353 6.000 38,563 2,699 41,263 40,263 1,000 6,000 2024 10,781,276 6.000 63,394 4,438 67,831 66,831 1,000 7,000 2025 13,295,723 6.000 78,179 5,473 83,651 82,651 1,000 8,000 2026 15,C93,532 6.000 88,750 6,212 94,962 93,962 1,000 9,000 2027 16,507,962 6,000 97,067 6,795 103,861 102,861 1,000 10,000 2028 18,432,79E 6.000 108,385 7,587 115,972 114,972 1,000 11,000 2029 19,877,190 6.000 116,878 8,181 125,059 124,059 1,000 12,000 2030 21,932,302 6,000 128,962 9,027 137,989 136,989 1,000 13,000 2031 23,405,065 6.000 137,622 9,634 147,255 146,255 1,000 14,000 2032 24,107,217 6.000 141,750 9,923 151,673 150,673 1,000 15,000 2033 24,107,217 6.000 141,750 9,923 151,673 150,673 1,000 16,000 2034 24,830,433 6.000 146,003 10,220 156,223 155,223 1,000 17,000 2035 24,830,433 6,000 146,003 10,220 166,223 155,223 1,000 18,000 2036 25,575,346 6.000 150,383 10,527 160,910 159,910 1,000 19,000 2037 25,575,346 6.000 150,383 10,527 160,910 159,910 1,000 20,000 2038 26,342,607 6.000 154,895 10,843 165,737 164,737 1,000 21,000 2039 26,342,607 6.000 154,895 10,843 165,737 164,737 1,000 22,000 2040 27,132,885 6.000 159,541 11,168 170,709 169,709 1,000 23,000 2041 27,132,885 6.000 159,541 11,168 170,709 169,709 1,000 24,000 2042 27,946,871 6.000 164,328 11,503 175,831 174,831 1,000 25,000 2043 27,946,871 6,000 164,328 11,503 175,831 174,831 1,000 26,000 2044 28,785,277 6.000 169,257 11,848 181,105 180,105 1,000 27,000 2045 28,785,277 6.000 169,257 11,848 181,105 180,105 1,000 28,000 2046 29,649,836 6.000 174,335 12,203 186,539 185,539 1,000 29,000 2047 29,648.836 6.000 174,335 12,203 186,539 185,539 1,000 30,000 2048 30,538,301 6.000 179,565 12,570 192,135 191,135 1,000 31,000 2049 30,538,301 6.000 179,565 12,570 192,135 191,135 1,000 32,000 2050 31,454,450 6.000 184,952 12,947 197,899 196,899 1,000 33,000 2051 31,454,450 6.000 184,952 12,947 197,899 196,899 1,000 34,000 4,123,629 288,654 1 4,412,2831 4,378,283 I 34,000 PRELIMINARY- FOR DISCUSSION ONLY 4122/2019 Homestead Ranch Metro Districts Town of Firestone, Colorado Improved Lot Value Lot Growth Factor Completion Assessment Collection Year Year Year 2016 2017 201E 2017 2018 2019 2018 2019 202C 2019 2020 2021 2020 2021 2022 2021 2022 20231 2022 2023 2024 2023 2024 2025 2024 2025 202E 2025 2026 2027 2026 2027 2028 2027 2028 2029 2028 2029 203C HRMD Vacant Lot 3.0% Residential Units Improved Lot Value Assessed Value Lots Homes Remaining Value Improved Built Lots per Lot 29% - - 35,000 - - 150.00 76 74 36,050 2,667,700 773,633 250.00 76 248 37,132 9,208,612 2,670,497 250.00 75 423 38,245 16,177,823 4,691,569 102.00 75 450 39,393 17,726,764 5,140,761 75 375 40,575 15,215,472 4,412,487 75 300 411792 12,537,549 3,635,889 75 225 43,046 9,685,257 2,808,724 75 150 44,337 6,650,543 1,928,657 75 75 45,667 3,425,030 993,259 Total 752 111 1 93,294,750 1 27,055,477 4 George K. Baum Company 4/22/2019 Homestead Ranch Metro Districts Town of Firestone, Colorado Residential Development Value Growth Factor 3.0% Residential Residential Units Construction Assessed Value Value Completion Assessment Collection Homes Value per 11 1 Year Year Year Completed Home 7.20% 2020 2021 2022 76 350,000 26,600,000 1,915,200 2021 2022 2023 76 360,500 27,398,000 1,972,656 2022 2023 2024 75 371,315 27,848,625 2,005,101 2023 2024 2025 75 382,454 28,684,084 2,065,254 2024 2025 2026 75 393,928 29,544,606 2,127,212 2025 2026 2027 75 405,746 30,430,944 2,191,028 2026 2027 2028 75 417,918 31,343,873 2,256,759 2027 2028 2029 75 430,456 32,284,189 2,324,462 2028 2029 2030 75 443,370 33,252,715 2,394,195 2029 2030 2031 75 456,671 34,250,296 2,466,021 Total Units Developed 752 301,637,332 I 21, 717,888 HRMQ Res Sold 5 George K. Baum Company 4/2212019 Homestead Ranch Metro Districts Town of Firestone, Colorado Limited Mill General Obligation Bonds Assessed Value Summary Tax Assessed Value - From Residential Development Improved Lot Assessed Value Incremental Growth Factor Completion Assessment Collection Total Assessed Year Year Year Assessed Value Home Sales AV 3.00% Value Undeveloped and Improved Lot AV Removed as Homes Built & Sold 2020 2021 2022 773,633 1,915,200 2,688,833 2,688,833 2021 2022 2023 1,896,864 1,972.656 3,869,520 - 6,558,353 2022 2023 2024 2,021,071 2,005.101 4,026,172 196,751 10,781,276 2023 2024 2025 449,193 2,065,254 2,514,441 - 13,295,723 2024 2025 2026 (728,275) 2,127,212 1,398,937 398,872 15,093,532 2025 2026 2027 (776,598) 2,191,028 1,414,430 - 16,507,962 2026 2027 2028 (827,165) 2,256,759 1,429,594 495,239 18,432,795 2027 2028 2029 (880,067) 2,324,462 1,444,395 - 19,877,190 2028 2029 2030 (935,399) 2,394,195 1,458,797 5%,316 21,932,302 2029 2030 2031 (993,259) 2,466,021 1,472,763 - 23,405,065 2030 2031 2032 702,152 24,107,217 2031 2032 2033 - 24,107,217 2032 2033 2034 723,217 24,830,433 2033 2034 2035 - 24,830,433 2034 2035 2036 744,913 25,575,346 2035 2036 2037 - 25,575,346 2036 2037 2038 767,260 21,342,617 2037 2038 2039 - 26,342,607 2038 2039 2040 790,278 27,132,885 2039 2040 2041 - 27,132,865 2040 2041 2042 813.987 27,946,871 2041 2042 2043 I - 27,946,871 2042 2043 2044 i 838,406 28,785,277 2043 2044 2045 I - 28,785,277 2044 2045 2046 863,558 29,648,836 2045 2046 2047 - 29,648,836 2046 2047 2046 i 889,465 30,538,301 2047 2048 2049 - 30,538,301 2048 2049 2050 I 916,149 31,454,450 2049 2050 2051 - 31,454,450 Total 21,717,888 1 21,717,888 11,652,138 HRMD AV Summary PRELIMINARY - FOR DISCUSSION ONLY 4/22/2019 Homestead Ranch Metro Districts HPUD Town of Firestone, Colorado Limited Mill General Obligation Bonds Series2024 Debt Service Schedule $10,490,000 Interest Annual Capitalizec OSRFEamings Net Annual Date Pnrdpa Rate Interest P& I P u I Interest 2,00% P& I 001125 - 531,587,50 531,587.50 (8,56155) 12101126 5.750 531,587.50 531,587.50 1,063,175.00 (8,561.55) 1,046,051.90 001126 - 531.587.50 531,587.50 (8,561.55) 12101126 5,750 531,587,50 531,587.50 1.063,175,00 (8,561,55) 1,046,051.90 (16101127 - 531,587,50 531,587.50 (8,561.55) 12)01127 5.750 531,587.50 531.587.50 1.063,175,00 (8,561.55) 1,045,051.90 06101128 - 531,587,50 531,687.50 (8,561.55) 12101128 5,750 531,587,50 531,587.50 1,063,175,00 (8,561.55) 1,046,051.90 060129 - 531,587.50 531,587.50 (8,561.55) 12101129 5,750 531,587,50 531,587.50 1,063,175,00 (8,561.55) 1,046,051.90 0601130 - 531,587.50 531,587.50 (8,56155( 12101130 55,000 5750 531,587.50 586,587.50 1,118,175,00 (8,561.55) 1,101,051.90 06101131 - - 530,006.25 530,006.25 (8,561,551 12/01131 180,000 5,750 530,00625 710,006.25 1,240,012.50 (8,561.55) 1,222,889.40 06101132 - - 524,831.25 524,831.25 (8,561,55) 1210162 190,000 5.750 524,831.25 714,831.25 1,239,662,50 (8,561,55) 1,222,539.40 06101133 - - 519,360.75 519,368.75 (8,561.55) 12101)33 235,000 5.750 519,368.76 754,368.75 1,273,737.50 (8,561,55) 1,256,614.40 06101/34 - - 512,612,50 512,612.50 (8,561.55) 1210IJ34 250.000 5.750 512,612.50 762,612.50 1,275,226.00 (8,561.55) 1,258,101.90 0610IJ35 - - 505,425.00 505,425.00 (8,561,55) 12101135 305,000 5.750 505,425.00 810,425.00 1,315,650.00 (8,56135) 1,298,726.90 06101136 - 496.656.25 496,656.25 (8,561.55) 12101136 330,000 5.750 496,556.25 826,656.25 1,323,312.50 (8,56155) 1,306,189,40 06101)37 - - 487,168.75 487,168.75 (8,561.55) 12101137 385,000 5.750 487.168.75 872,168.75 1,359,337.50 (8,561.55) 1,342,214.40 06101138 - - 476,100.00 476,100.00 (8,561,55) 12101138 410,000 5.750 476,100.00 886,100.00 1,362,200.00 (8,561.55) 1,345,076.90 C6101139 - - 464,312.50 464,312.50 (8,561,55) 12101139 475,000 5.750 464,312.50 939,312.50 1,403,625.00 (8,561,55) 1,386,501.90 06101140 - - 450,65625 450,656.25 (8,561,55) 12101140 510,000 5.750 450,656.25 960,656.25 1,411,312.50 (8,561.55) 1,394,189.40 0610i141 - - 435,993.75 435,993.75 (8,561,55) 12101141 575.000 5.750 435.993.75 1,010,993,75 1,446,987,50 (8,561.55) 1,429,854.40 C6101142 - - 419,462.50 419,462.50 (8,561.55) 12101142 610,000 5,750 419,462,50 1,029,462.50 1,448,92500 (8,561.55) 1,431,801.90 06101143 - - 401,925.00 401,925.00 (8,561.55) 12101/43 685.000 .5.750 401,925.00 1,086,925.00 1,488,850.00 (8,561,55) 1,471,726.90 06101144 - - 382,231.25 382,231.25 (8,561.55) 12101144 730,000 5.750 382,231.2E 1,112,231.25 1,494,462.50 (8,561.55) 1,477,339,40 CE101145 - - 361,243.75 361,243,75 (8,561.55) 12101145 810,000 5.750 361.243.75 1,171,243.75 1,532,487.50 (8,561.55) 1,515,354.40 06101146 - - 337.956.25 327,956.25 (8,561.55) 12101146 860,000 5.750 337.956.25 1,197,956.25 1,535,912.50 (8,561.55) 1,W,789.40 WNW - - 313.231.25 313,231.25 (8,561.55) 12101147 955.000 5.750 313.231.25 1,268,231.25 1,581,462.60 (8,561.55) 1,564,339.40 06101148 - - 285.775.00 285,775.00 (8,561.55) 12101148 1,015,000 5.750 285,775.00 1,300,775.00 1,586,550.00 (8,561.55) 1,569,426.90 06101149 - - 256,593.75 256,593.75 (8,5611.55) 12/01149 1,120,000 5.750 256,593.75 1,376,593.75 1,633J 87.5C (8,561.55) 1,616,064.40 06101150 - - 224,393,75 224,393,75 (8,561.55) 12101150 1,180,000 5.750 224.393.75 1,404,393.75 1,628,767.50 (8,561.55) 1,611,664,40 06101151 - - 190,458.75 190.468.75 (8,561.55) 121C1151 1,300.000 5.750 190.458.75 1,490,468.75 1,680,937.50 (8,561.55) 1,663,814.40 061C1152 - - 153,093.75 153.093.75 (8,561.55) 12101152 1,380,000 5,750 153,093,75 1,533,093,75 1,686,187.50 (8,561.55) 1,669,064.40 06101153 - - 113,418.75 113,418.75 (8,561.55) 12101153 1,500,000 5.750 113.418.75 1,613,418.75 1,726,837.50 (8,561.55) 1,709,714.40 06101154 - - 70,293.75 70,293.75 (8,561.55) 121C1154 2.445.000 5.750 70.293.75 2,515,293.75 2,585,587.50 (864.715.35) 1,712,309,60 18,490,000 24,205,487.50 42,695,487.50 42,695,487.50 0.00 (1,369.847.68) 41.325,639,82 Dated 12101124 Average Coupon 5.750000 NIC 5.815884 Settlement 12101124 TIC 5.873541 Arbitrage Yield AN1A Band Yeas 420,965.00 Average Life 22.77 Accrued Interest 0.00 7 PRELIMINARY - FOR DISCUSSION ONLY 4/2212019 Homestead Ranch Metro Districts Town of Firestone, Colorado Limited Mill General Obligation Bonds Series 2024 Sources and Uses of Funds Sources Principal Amount of Bond Issue Uses Project Funds at Close Reserve Fund Bond Discount Cost of Issuance Contingency 50% of Full Reserve $15.00 I$1,000 18,490,000.00 18,490,000.00 17,256,495.20 856,154.80 277,350.00 100,000.00 0.00 18,490,000.00 PRELIMINARY - FOR DISCUSSION ONLY 4/22/2019 EXHIBIT H Legal Counsel Letter David S. O'Leary, Esq. Direct Dial: 303-839-3952 dolealy@spencerfane. cam August 23, 2019 Town of Firestone Firestone Town Hall 151 Grant Avenue, P.O. Box 100 Firestone, Colorado 80520 L1 Spencerf-ane- Re: Organization of Homestead Ranch Metropolitan District Nos.1-4 I File No. 5024117.0012 This firm has acted as counsel to Petitioners in connection with the organization and submittal of the Service Plan for Homestead Ranch Metropolitan District Nos. 1-4 (collectively, the "Districts"). Pursuant to the requirements of the Service Plan for the District, this letter confirms that the petitions for organization of the Districts filed with the Town on July 26, 2019, the Service Plan for the District, as approved by the Town on September 11, 2019, and the notice, hearing and other procedures in connection with the approval of the Service Plan, have met the requirements of the Special District Act, Section 32-1-101, et seq., C.R.S., and that the provisions of the Service Plan, as amended, including, without limitation, provisions as to the structure and terms of the District's bonds, fees and revenue sources, are consistent with applicable provisions of title 11 and 32, C.R.S., and other applicable law. Please be advised, however, that this firm has not been engaged as bond counsel to the Districts, nor will this firm serve as bond counsel at any time for the Districts. This letter does not purport to offer any opinion of the type customarily required to be given by bond course-- with regard to any bond transaction of the Districts. This letter is limited to the use of the addressee as set forth above, and may not be relied upon by other parties or in connection with any future sale, resale or transfer of bon -is and may be relied upon only as stated herein. This letter may not be used, quoted or referred to, in whole or in part, for any other purpose without the prior, written consent of the firm. Very truly yours, SPENCER FANE LLP David S. O'Leary For the Firm Enclosures DN 1280568.1 SPENCER FANS LLP 1 1700 LINCOLN STREET, SUITE 2000, DENVER, CO 80203.4554 1 303.639,3800 1 FAX 303.839.3838 1 spencerfanexam EXHIBIT I Form of Disclosure Notice Upon recording return to: Homestead Ranch Metropolitan District Nos. 1-4 c/o Spencer Fane LLP 1700 Lincoln Street, Ste. 2000 Denver, CO 80203 GENERAL DISCLOSURE AND COMMON QUESTIONS REGARDING THE HOMESTEAD RANCH METROPOLITAN DISTRICT NOS.1-4 IN WELD COUNTY, COLORADO 1. What is a special district and what does it do? Colorado special districts are local governments just as municipalities (cities and towns) and counties are considered local governments. Often, municipalities and counties are limited by law and other factors as to the services they may provide. Therefore, special districts are formed to provide necessary public services that the municipality or county cannot otherwise provide. Homestead Ranch Metropolitan District Nos. 1-4 are separate and distinct entities; the developer, builder, real estate agents, or current homeowner cannot change, make any promises, waivers or commitments to the taxes, operations and maintenance fees, or other fees, tolls or charges of the Districts when they apply, Guidelines/Covenants, for the Districts. Homestead Ranch Metropolitan District Nos. 1-4 (collectively, the "District") were organized pursuant to Orders of the Weld County District Court following an election in November 2019, at which time a majority of the eligible electors voted in favor of the formation of the District, elected members to the initial board of directors and voted in favor of certain tax and debt authorization. The District is a quasi -municipal governmental entity with the power to impose property taxes and other fees and charges for services within its boundaries. Legal descriptions and a map of the District are attached hereto as Exhibit "A." The District is governed by an elected board of directors made up of property owners from each district. Pursuant to the Service Plan for Homestead Ranch Metropolitan Districts Nos. 1-4 (the "Service flan") approved September 11, 2019 by the Town of Firestone, as may be amended from time to time, the District has the ability to construct and finance major public improvements as well as additional amenities, including, but not limited to park and recreation, landscaping, water, drainage, wastewater and road improvements within its boundaries. The District has authority to own, operate and maintain drainage improvements, any recreation and associated facilities, district pool and clubhouse, parks, tract landscaping, detention ponds and trail systems and other public facilities and infrastructure not otherwise dedicated to or accepted by the Town or other applicable public entity, upon appropriate approval of the Town. If the District operates and maintains such facilities, the expense associated with such activity may be paid from the District's tax revenues and/or fees lawfully imposed by the District. DN 1280573.1 2. Mav the Districts Impose Anv Fees Unan Me as a Pronertv Owner? Special Districts are governmental entities, and have the power to impose property taxes and to adopt and charge fees, rates, tolls, penalties, or charges for services including but not limited to general administrative, operations and maintenance services. The District also has the power to adopt and charge monthly fees, rates, tolls, penalties, or charges for services including but not limited to general administrative, operations and maintenance services as authorized by the Town for all residential property within the District's boundaries. The Districts are permitted to impose a Capital Improvement Fee in the amount of $2,500 per dwelling unit. All District fees and rates may be adopted and/or amended from time to time by the District's board of directors at their discretion, as permitted by law. A homeowners association is separate and distinct from the special districts, and is generally responsible for reviewing architectural plans for the construction of new homes and enforcing restrictive covenants in the community to help maintain property values. The homeowners association is normally responsible for the maintenance and operation of the common areas and other landscaping within a community and may assess dues to its members but has no ability to impose taxes. The Districts have the ability to enforce covenants, perform design review, and perform many homeowners association responsibilities at favorable rates payable through tax deductible property taxes and District Fees. The Districts, the developer and the builders within the Districts have elected to have the Districts perform as many of the homeowners' association functions and services as permitted by law. Please note that it is the homeowner's responsibility to review and see the Community Covenants and Guidelines and understand them. By signing the District disclosure you are also agreeing to follow the community covenants and guidelines. The Covenants and Guidelines go over such items as commercial vehicle parking restrictions, vehicles with logos, restrictions on very limited parking of RV's, trailers, boats, etc., landscaping requirements, required fencing, required fence stain, etc. All improvements to the outside of the home or landscape must be approved with the Architectural .Design Application. 3. How much property tax will the Districts collect to construct improvements and Aay for operations and maintenance? The District has the authority to impose property taxes for all of the activities identified in its Service Plan, a copy of which is on file with the Town of Firestone, Colorado and which is available to prospective purchasers. The District may issue bonds to provide for the costs of capital improvements within its boundaries. Once the bonds are sold, they must be repaid over time with interest. The maximum repayment period for the bonds is forty (40) years. The annual payment on the bonds is known as "debt service." In order to meet the debt service requirements for the bonds, and to pay operations and maintenance costs associated with the provision of services, the District will impose a mill levy under the Service Plan. The total combined mill levy for both operations and debt service is capped pursuant to the Service Plan at 60 mills with the maximum debt mill levy of 50 mills, both with certain adjustments as permitted by the Service Plan; the will levies may be adjusted upward or downward over time as permitted in the Service Plan as discussed below. 2 DN 1280573.1 4. Why are special districts used for financing public infrastructure? Many areas in Colorado utilize special districts to finance public improvements. Homeowners often are surprised to find that they have lived for years in water and sanitation districts, or other types of special districts. Since cities and counties typically do not provide for construction or installation of water and wastewater systems, roads, or recreation facilities in new communities, ,special districts are organized to build these facilities. Special districts and the financial powers they utilize permit early construction of recreation facilities and other amenities for the benefit of the community. Where special districts are established, the costs of public improvements within the community are generally spread over 20 to 30 years and are paid from mill levies which, under current tax laws, may result in federal income tax benefits. 5. What limitations exist to make sure the Districts do not create unreasonably high mill levies? All general obligation bonds anticipated to be issued by the District will be governed by the controls adopted by the Colorado legislature and governing the process by which bonds are issued by special districts. In addition, the organization and operation of the District was overseen by the Town through its approval of the Service Plan. The Service Plan currently has limited the aggregate mill levy cap that may be assessed by the District to 60 mills, and the debt service mill levy to 50 mills, subject to adjustment to account for changes in state law with respect to the assessment of property for taxation purposes, the ratio for determining assessed valuation, or other similar matters and subject to increases as permitted by the Service Plan. The adjustment allows for tax revenues to be realized by the District in an equivalent amount as would have been realized by the District based on a levy of 60 mills absent any change in the manner of the assessment of property for taxation purposes, the ratio for determining assessed valuation, or other similar matters. In addition, various voter limitations exist which affect the taxing powers of the District, including maximum annual taxing limitations and expenditure limitations. The TABOR Amendment, Article X, Section 20 of the Colorado Constitution, also provides for various legal limitations which may restrict the taxing and spending authority of the District. The mill levies expected in the District are reasonable and comparable to other developments served by special districts that provide similar services and amenities. The debt limit and the mill levy cap will remain in place for general obligation limited tax bonds issued by the District. These limits, as well as others existing under Colorado law and various voter approvals, are believed to be adequate to control the tax levels within the .District. Market constraints on property sales by the developer also require that the mill levy within the District be comparable to mill levies in competing development areas in order to further the community as an attractive place for individuals to buy homes. Therefore, in the initial stages of the development, it is in both the District's and the project developer's best interest to maintain a mill levy in the District comparable to the total property taxes in other similar communities so that the property taxes paid for the amenities and services in the District are a good value. 3 DN 1280573.1 6. Who bears the risk that the communily may not fuRy develop'? During the early stages of development, the developer of the project will be providing necessary funding and advancing funds to the District to pay for the public infrastructure construction costs and operational needs. The developer advances will be reimbursed at the time the District is able to issue general obligation, limited tax bonds. Property taxes paid and collected within the District will help pay the costs of all bonds. Therefore, if the actual build -out that occurs is less than what is projected, the individual property owners will not experience an increase in their tax obligations to the District beyond the limits described herein. The limited mill levy will be assessed the same on each home and other taxable property in the District regardless of the number of taxable structures. This results in the risk of development being shared by bondholders and the developer. The property owners also share risk relative to the bonds, but this risk is limited as discussed above. 7. What will the tax bill look like, and what are the various taxes used for? It is anticipated that the tax bill for individual properties will show mill levies for Weld County, the Town of Firestone, school districts and various other public service providers, including the District. Colorado municipalities certify their mill levies on an annual basis, so the most accurate manner of ascertaining the specific taxing entities and current total and overlapping mill levy on any property is to directly contact the County Treasurer and Assessor. Attached hereto as Exhibit `B" is a general formula for the manner in which residential property in Colorado is assessed. In summary, it is anticipated that the total mill levy charged to properties within the boundaries of the District will be comparable to those of surrounding, similar communities. 8. Where can one let additional information regarding the Districts? This document is not intended to address all issues associated with special districts generally or with the District specifically. More information may be obtained by contacting the District's Manager at: Centennial Consulting Group, 2619 Canton Court, Suite A, Fort Collins, CO 80525; (970) 484-0101, or the Colorado Department of Local Affairs, (303) 866-2156; or by attending District meetings, which occur normally two times per year, or when posted. Meetings are held at 212 N. Wahsatch Avenue, Ste. 301, Colorado Springs, CO 80903 or the offices of District Counsel. The District is also required to keep minutes and other records that are open for inspection by any citizen, hold elections for the boards of directors, adopt annual budgets, and submit to financial audits. HOMESTEAD RANCH METROPOLITAN DISTRICT NOS. 1-4 Signed: By: Its: President 4 DN 1280573.1 I, , hereby acknowledge that I have received and read this GENERAL DISCLOSURE AND COMMON QUESTIONS REGARDING HOMESTEAD RANCH METROPOLITAN DISTRICT NOS, 1-4. Buyer Lot Address Date Buyer Lot Address Date Buyer Lot Address Date DN 1284573.1 EXHIBIT A LEGAL DESCRIPTION AND MAP OF THE PROPERTY WITHIN THE HOMESTEAD RANCH METROPOLITAN DISTRICT NOS. 1-4 DN 1280573.1 EXHIBIT B GENERAL FORMULA FOR ASSESSMENT OF RESIDENTIAL PROPERTY The assessment for a home is determined as follows: The County Assessor's Office determines the Actual Value of the home based upon sales prices of comparable homes in the area. To determine the Assessed Valuation, the Actual Value of the home is multiplied by the Assessment Ratio, which is set every odd numbered year by the state legislature. As of January 1, 2019, the Assessment Ratio was 7.20%. The current Assessment Ratio can be obtained from the County Assessor's Office. The applicable Mill Levy is multiplied by the Assessed Valuation of the home, resulting in the assessment for the home. For example, a home with an Actual Value of $300,000 at a time when the Assessment Ratio is 7.20% would have an Assessed Value of $21,600. One mill (.001) applied to that valuation for assessment produces $21.60 of taxes. If the total District mill levy is 50 mills (.050), the portion of the homeowner's annual tax bill levied by the District would be $1,080 or $90 per month. DN 1280573.1 EXHIBIT J Form of Town Disclosure Statement TOWN OF FIRESTONE, COLORADO — DISCLAIMER STATEMENT As a requirement imposed in its formation process, the Homestead Ranch Metropolitan District Nos. 1-4 (collectively, the "District") is obligated to the Town of Firestone (the "Town") to include this disclaimer statement in all offering materials used in connection with any bonds or other financial obligations of the District (or, if no offering materials are used, to give this disclaimer statement to any prospective purchaser, investor or lender in connection with any such bonds or other financial obligations of the District). The date of this disclaimer statement is The Town has not reviewed or participated in the preparation of any offering materials or any other disclosure documentation relating to any bonds or financial obligations of the District or any other materials to which this Disclaimer Statement is appended. Other than this Disclaimer Statement, no other statement of any kind is authorized to be made by or on behalf of the Town in any offering materials or any other disclosure documentation relating to any bonds or other financial obligations of the District. The Town and the District are separate legal entities. The Town is not a party to and is not obligated with respect to any borrowings, financings, bonds or other financial obligations of the District. As a statutory requirement for the formation of the District, the Town approved a Service Plan containing financial and other information furnished by the District's organizers. The Town's approval of the Service Plan was based upon such information furnished by the District's organizers without independent investigation by the Town. The District's Service Plan was prepared in 2019 and not in connection with the offering of any bonds or other financial obligations. The Town's approval of the District's Service Plan should not be relied upon by prospective purchasers, bondholders, investors or lenders in evaluating the investment quality of the District's bonds or other financial obligations. The Service Plan and related agreements do not impose upon the Town any duties to, nor confer any rights against the Town upon, any purchasers, investors, lenders, bondholders or other third parties. 100515931.I} DN 1771446.1 EXHIBIT K Form of Intergovernmental Agreement between Districts and Town INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE, COLORADO AND HOMESTEAD RANCH METROPOLITAN DISTRICT NOS. 1-4 THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and entered into to be effective as of the day of , 20, by and between the TOWN OF FIRESTONE, COLORADO, a municipal corporation of the State of Colorado (the "Town"), and HOMESTEAD RANCH METROPOLITAN DISTRICT NOS. 1-4, a quasi - municipal corporation and political subdivision of the State of Colorado (collectively, the "District"), individually a "Party" and collectively referred to herein as the "Parties." RECITALS WHEREAS, the District was organized to finance, acquire, design, construct and install certain facilities, provide those services and to exercise powers as are more specifically set forth in the District's Service Plan approved by the Town on September 11, 2019 by Resolution (the "Service Plan"); and WHEREAS, the Service Plan makes reference to the execution of an intergovernmental agreement between the Town and the District; and WHEREAS, the Parties have determined it to be in the best interests of their respective taxpayers, residents and property owners to enter into this Agreement; NOW, THEREFORE, for and in in consideration of the covenants and mutual agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: COVENANTS AND AGREEMENTS 1. APPLICATION OF LOCAL LAWS. The District hereby acknowledges that the property within its boundaries shall be subject to all ordinances, rules and regulations of the Town, including without limitation, ordinances, rules and regulations relating to zoning, subdividing, building and land use, and to all related Town land use policies, master plans, related plans and intergovernmental agreements. 2. NATURE OF DISTRICT. The District agrees that it is organized for the purpose of financing certain public improvements for the area within its boundaries only (except to the extent otherwise specifically provided in Article V.c. of the Service Plan), which area is designated as the proposed Homestead Ranch Subdivision development, and that the District's purposes, powers, facilities and activities are to be limited and governed by the Service Plan. The District is not intended to and shall not provide facilities or services outside its boundaries (except as otherwise specifically provided in Article V.c. of the Service Plan or by Intergovernmental Agreement with the Town). Further, the District is not intended and shall not exist perpetually, but instead shall be dissolved in accordance with the Service Plan and this Agreement once it has completed its financing and has addressed the operations and maintenance needs for the development. The District shall not provide any services or facilities within any area of the District overlapping with the service area of another district without first obtaining the written consent of each and every district whose service area is so overlapped. 3. CHANGES IN BOUNDARIES. The District agrees that, as set forth in the Service Plan, inclusion of properties within, or any exclusion of properties from, its boundaries shall constitute a material modification of the Service Plan; any purported inclusion or exclusion that has not been approved by the Town pursuant to the procedures applicable to a material modification of the Service Plan shall be void and of no effect. Internal boundary changes between the multiple Districts shall be permitted if in accordance with statutory requirements so long as the external boundaries of the Districts as a whole remain intact. 4. TOWN APPROVAL REQUIREMENTS; REVIEW OF DISTRICT SUBMITTALS. The District agrees that any Town approval requirements contained in the Service Plan (including, without limitation, any Service Plan provisions requiring that any change, request, action, event or occurrence be treated as a Service Plan amendment proposal or be deemed a "material modification" of the Service Plan) shall remain in full force and effect, and such Town approval shall continue to be required, notwithstanding any future change in law modifying or repealing any statutory provision concerning service plans, amendments thereof or modifications thereto. The District agrees to reimburse the Town for all reasonable administrative and consultant costs incurred by the Town for any Town review of reports, plans, submittals, proposed modifications or requests for administrative approvals, or other materials or requests provided to the Town by the District pursuant to the Service Plan, this Agreement, state law or Firestone Municipal Code. The Town may require a deposit of such estimated costs. 5. OWNERSHIP OF IMPROVEMENTS. The Parties agree that the District shall be permitted to undertake ownership, operation or maintenance of any public improvements, facilities or services, as specifically set forth in the Service Plan or by intergovernmental agreement with the Town. 6. CONSOLIDATION. The District shall not file a request with the District Court to consolidate with another district without the prior written consent of the Town, except for another Homestead Ranch Metropolitan District Nos. 1-4. 7. DISSOLUTION. The District agrees that it shall take all action necessary to dissolve the District upon payment or defeasance of the District's bonds or otherwise upon the request of the Town, in accordance with the provisions of the Service Plan and applicable state statutes. In no event shall dissolution occur until the Districts has provided for the payment or discharge of all of its outstanding indebtedness and other financial obligations as required pursuant to State statutes. S. NOTICE OF MEETINGS. The District agrees that it shall submit a copy of the written notice of every regular or special meeting and work session of the District's Board of Directors to the Office of the Firestone Town Administrator, by mail, facsimile or hand delivery, to be received at least one (1) day prior to such meeting. 2 9. ANNUAL REPORT. The District shall be responsible for submitting an annual report to the Town pursuant to and including the information set forth in the Service Plan. 10. ENTIRE AGREEMENT OF THE PARTIES. This Agreement, including all exhibits, supersedes any and all prior written or oral agreements and there are no covenants, conditions, or agreements between the parties except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto will have any force or affect whatsoever unless embodied herein in writing. 11. AMENDMENT. This written agreement together with the Service Plan constitutes the entire agreement between the Parties and supersedes all prior or written or oral agreements negotiations, or representations and understandings of the Parties with respect to the subject matter contained herein. 12. ENFORCEMENT. The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive or other appropriate relief, including damages, as may be available according to the laws and statutes of the ,State of Colorado. 13. VENUE. Venue for trial of any action arising out of any dispute hereunder shall be in Weld County District Court. 14. BENEFICIARIES. Except as otherwise stated herein, this Agreement is intended to describe the rights and responsibilities of and between the named parties and is not intended to, and shall not be deemed to, confer any rights upon any persons or entities not named as parties. 15. EFFECT OF INVALIDITY. If any portion of this Agreement is intended to describe the rights and responsibilities of and between the named parties and is not intended to, and shall not be deemed to, confer any rights upon any persons or entities not named as parties. 16. ASSIGNABILITY. Other than as specifically provided for in this Agreement, neither the Town nor the District shall assign their rights or delegate their duties hereunder without the prior written consent of the other Parties. IT SUCCESSOR AND ASSIGNS. Subject to Paragraph 17 hereof, this Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 18. ADDITIONAL PROVISIONS. Notwithstanding any provision in the Service Plan to the contrary, the Town hereby provides its consent and approves the following additional authorizations for the Districts, subject to final approval of this intergovernmental agreement with the Town, to be executed at the first meeting of the Districts after approval of this Service Plan. In the event of any conflict between the provisions in the Service Plan and those set forth in this Agreement, this Agreement shall control, and the Districts' exercise of the authorities granted herein shall not constitute material modifications of the Service Plan. a. Certain Offsite Improvements Permitted. The Parties acknowledge that construction of certain offsite improvements will be required by an Approved Development Plan C for the property within the Districts, and that such offsite improvements are necessary for development and will benefit property within the Districts and the Districts' constituents. The Parties acknowledge that some of these improvements may be outside of the Districts' boundaries but are necessary to provide standard and necessary public facilities and improvements to the development. The Districts are hereby authorized to construct and finance such improvements provided such improvements are constructed in accordance with an Approved Development Plan. b. Amendment to Water Rights/Resources Limitation. The Districts shall be allowed to acquire, own, manage, adjudicate or develop non -potable water rights or resources for the limited purposes of providing landscape maintenance and non -potable irrigation for common areas within the boundaries of the Districts as may be expanded from time to time. Such facilities and improvements necessary to provide for non -potable irrigation shall be constructed in accordance with an Approved Development Plan. The Districts agree to not acquire additional water for resale purposes. ATTEST: Secretary ATTEST: By: Its: Acknowledged and Approved as to Form: By: Its: Town Attorney HOMESTEAD RANCH METROPOLITAN DISTRICT NOS. 1-4 I: President TOWN OF FIRESTONE By: Its: 4 EXHIBIT L Resolution of Town of Firestone Approving Service Plan RESOLUTION NO.19- A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING THE SERVICE PLAN FOR THE HOMESTEAD RANCH METROPOLITAN DISTRICT NOS. 1-4 WHEREAS, Article I of Title 32 of the Colorado Revised Statutes, as amended (the "Special District Act") authorizes the formation of various kinds of governmental entities to finance and operate public services and infrastructure, including metropolitan districts; and WHEREAS, pursuant to the Special District Act, Eagle Development Corporation (the "Developer") on behalf of the 100% property owner Babcock Land Corp ("Petitioner"), has submitted to the Town of Firestone (the "Town") a service plan (the "Service Plan") for the proposed Homestead Ranch Metropolitan District Nos. 14 (the "Districts"); and WHEREAS, the District will be organized to provide for the planning, design, acquisition, construction, installation and financing of certain public improvements, as more specifically described in the Service Plan; and WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended, the Board of Trustees of the of the Town of Firestone, County of Weld, State of Colorado (the "Town"), following due notice, held a public hearing on the proposed Service Plan, which hearing was held on September 11, 2019; and WHEREAS, while not required pursuant to Section 32-1-204.5, the Petitioner published notice of the hearing before the Town Board of Trustees (the "Board") for consideration of the Service Plan in the Longmont Times -Call, a newspaper of general circulation, on August 29, 2019, as evidenced by the Affidavit of Publication attached hereto as Exhibit A and incorporated herein by this reference and mailed by first class mail notice of the hearing before the Town Board on September 11, 2019 to all property owners within the boundaries of the District and to the Division of Local Government, as evidenced by the Affidavit of Mailing and Publication and the Notice of Public Hearing attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, the Board of Trustees has considered the Service Plan and all other testimony and evidence presented at the hearing; and WHEREAS, based upon the testimony and evidence presented at the hearing, it appears that the Service Plan for Homestead Ranch Metropolitan District should be approved by the Board of Trustees, subject to certain conditions set forth below, in accordance with Section 32-1-204.5(1)(c), C.R.S. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the Board of Trustees, as the governing body of the Town of Firestone, Colorado, does hereby determine, based on representations by and on behalf of the Homestead Ranch Metropolitan District Nos. 1-4 (collectively, the "Districts") and Eagle Development Corporation, a Colorado Corporation, (the "Developer"), that all of the requirements of Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filing of the proposed Service Plan for Homestead Ranch Metropolitan District Nos. 1-4 have been fulfilled and that notice of the hearing was given in the time and manner required by the Town. Section 2. That, based on representations by and on behalf of the Districts and Developer, the Board of Trustees of the Town of Firestone, Colorado, has jurisdiction over the subject matter of the proposed Service Plan pursuant to Title 32, Article 1, Part 2, C.R.S., as amended. Section 3. That, pursuant to Section 32-1-204.5, C.R.S., Section 32-t-202(2), C.R.S., and Section 32-1-203(2), C.R.S., the Board of Trustees of the Town of Firestone, Colorado, does hereby find and determine and declare, based on the Service Plan, the representations by and on behalf of the Developer, and other evidence presented at the public hearing, that: (a) There is sufficient existing and projected need for organized service in the areas to be serviced by the Districts; (b) The existing service in the areas to be served by the Districts is inadequate for present and projected needs; (c) The Districts are capable of providing economical and sufficient service to the area within their boundaries; (d) The area in the Districts has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; and (e) The approval of the Service Plan is in the best interests of .he Districts. Section 4. That pursuant to Section 32-1-204.5(1)(c), C.R.S., the Board of Trustees hereby imposes the following conditions upon its approval of the Service Plan: (a) At its first meeting after the effective date of this Resolution and in no event later than sixty days after the formation election of the Districts, the Beard of Directors of the Districts shall execute the Intergovernmental Agreement with the Town ("IGA") in the form presented to the Town Board of Trustees at its September 11, 2019 hearing, or in form otherwise acceptable to the Town Attorney, and shall deliver the fully executed original of the IGA to the Town. (b) The Town is in the process of forming an Urban Renewal Authority ("URA"), wherein the Town Board of Trustees will be designated at the urban renewal authority for the Town of Firestone related to area within the proposed Districts. At its first meeting after the effective date of this Resolution (or as soon thereafter as possible), the Districts and the Town Board of Trustees shall negotiate and agree to execute an additional intergovernmental agreement regarding property taxes whereby the Board of the URA and the Board of Directors for the Districts will agree as follows: 1, to impose and collect a total aggregate mill levy of sixty (60) mills (combined to include both general operations, maintenance and debt service) (the 'District Mill Levy") subject to adjustments for Gallagherizatior_; 2. to impose and collect a supplemental "add -on" mill levy for the URA of up to fifteen (15) mills for the first five (5) years after organization of the Districts (the "URA Mill Levy") subject to adjustments for Gall-Agherization; 3. as a result of the adoption of an Urban Renewal Plan by the Town, the Districts and the Town understand that, by operation of the Urban Renewal Law, the URA is granted certain rights in revenues constituting "Tax Increment Revenues", and the Town and Districts will ensure that, in the event that any District Mill Levy Revenues constitute Tax .Increment Revenues, such revenues will be remitted to the Districts for the purpose of funding or refunding the provision of public improvements or for operations and administration benefitting the Districts; 4. any Tax Increment Revenues related to the URA. Mill Levy shall be retained by the URA for the purpose of funding the public purposes of: (1) providing significant social and economic benefits to the Town; (2) furthering the Town's economic goals as established in the Town's Comprehensive Master Plan and the Urban Renewal Plan; and (3) generally benefiting the public's health, safety, and welfare for a period of five (5) years after the date of formation of the Districts. (c) That pursuant to the Service Plan, the Districts will pay all reasonable expenses of the Town, its attorneys and consultants, as well as the Town's reasonable processing fees, in connection with the processing of the Service Plan approved herein. If any of the above -stated conditions are not met, the Town may revoke its approval of the Service Plan by subsequent resolution and/or pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 5. The Board of Trustee's findings are based solely on the evidence presented at the public hearing and set forth in the Service Plan, and that the Town of Firestone has not conducted any independent investigation of the evidence. The Town of Firestone makes no guarantee as to the financial viability of the District or achievability of the desired results. Section 6. That the Board of Trustee's approval of the Service Plan is not a waiver or a limitation upon any power that the Town of Firestone or Board of Trustees is legally permitted to exercise regarding the property within the District. Section 7. That the Service Plan for Homestead Ranch Metropolitan District Nos. 14, as set forth in Exhibit A to this Resolution and dated July 26, 2019, is hereby approved subject to the conditions stated in Section 4 above, in accordance with Section 32-1-204.5(1)(c), C.R.S." Section 8. That a certified copy of this Resolution be filed in the records of the Town of Firestone and submitted to the Districts. INTRODUCED, READ, ADOPTED AND APPROVED this I I" day of September, 2019. TOWN OF FIRESTONE, COLOR -ADO ATTEST: Bobbi Sindelar, Mayor Leab Vanarsdall, Town Clerk APPROVED AS TO FORM: William P. Hayashi, Town Attorney EXHIBIT B AFFIDAVIT OF PUBLICATION N017CE OF PU SLIC NEARING OH SERVICE PLAN IN RE THE ORGANIZATION OF HOMESTEAD RANCH METROPOLITAN 01STRICT NOS. 14. TOWN Of FIRESTONE. COUNTY OF WELD, COLORADO PUBLIC NOTICE IS HEREBY GIVEN that parsoant to 5 32-1-204.5, C.R. 5., a 5erdoe Plan (the •Service Plante far the proposed Homestead Ranch Mahropalltan District Has. 1-4 (collective the "Districts'), has been filed with wile Firestone Town Clerk alnlddis avallable for in- sppeetfon In the office of the Town perk at 151 Grant Avenue, Fhe- slone,Colorado, M20. A public headsp on the Service Plan will be head the Town of rtam Boa N of Trustees (the 'Board of Truste I an Septem- 1, 2019 at 7:00 p.m„ at Town HAIL 151 Grant Avenue. Firestone. Colorado, 80520, or as wean as thereafter as the Board of -trustees Tmtaayhteparrsuchgmattehr. o 0 tarmPe 6xsls for edopBnpnahrolutbrtprpro�Irvdisappr�avingd oo cendltionalfy approving the Service Plan to nccoraance with § 32 1- 204ece5nneeC.R.S., ittiaO kh q the 0 of tsu opoos�ed �irtrltts is asafa emus A ti ofilarrd being a p�por- tlon of Lut 2,1H eslaad at Firestone Minor Plat recorded at Wold ccEfnty perk and Recorder at Reception No. 328 49a, located in the pWest Half of Section 4.Tawnship 2 North tta+tge 07 West of the 51h Elig�pprox€matelry t7Z693acres. ma ar le eat Cole rado, contain. Pursuant to Ii 32-1.203(35X C.R.S., any ppaean owning roParty wahin the pry used Districts may request lha1 such Fro rtnv ba ex- cluded from the District by submitting a pellfMn VA I tie Board of Trustees no later than ten (10) days Mar to the public hearing, but the Board of Trustees shall net be limited in Its action with respect to the exclusion of territory based upon such request BY�Or�r�RDER OFTHE FIRESTONE HOARD OFTRUSTEES PuWlshed: Longmont limas Call, August 29,2a19-11532102 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVrf County of Boulder State of Colorado The undersigned, JD Geddes , being first duty swum under oath, states and affirms Be follows: 1. He/she Is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of tho Longmont Times Call. 2. The Longmont Times C4919 a newspaper of general circulation that has been published eontinuousty and without Interruption for at least Afty4wo weeks In Mulder County and meets the legal requisites for a legal newspaper under Colo. Rev. Start. 24.70.101. J. The notice that Is attached hereto Is a true copy, published In the Longmont Times Calf In Boulder County on the following datelsl: Auo 29, 2019 Subsulbed and sw `to me before me this � t 1 / Notary PL bile j MELISS7NAJERA NOTARSLATE QFNOTARY I(seAt) MYCOMMIES{ON EICPR 11, Aeceunl: 1051323 Ad Number: 1632102 Fee: $39.73 100130527.DOC v; i } EXHIBIT C AFFADAVIT OF MAILING AND PUBLICATION NOTICE OF PUBLIC HEARING STATE OF COLORADO, COUNTY OF WELD, TOWN OF FIRESTONE CERTIFICATE OF MAILING AND PUBLICATION OF NOTICE OF HEARING IN RE THE MATTER OF HOMESTEAD RANCH METROPOLITAN DISTRICT NOS. 14 The undersigned does hereby certify that the NOTICE OF PUBLIC HEARING ON SERVICE PLAN for the Homestead Ranch Metropolitan District Nos. 14, as shown in Exhibit A attached hereto and incorporated herein by this reference, was sent by first-class mail on August 27, 2019, to the Department of Local Affairs, Division of Local Government, and the owners of record of all property within the proposed Districts, as such owners of record are listed on the records of the County Assessor and shown in Exhibit B attached hereto and incorporated herein by this reference. The undersigned further certifies that the Notice of Public Hearing was also published in the Longmont Times -Call on August 29, 2019, as evidenced by the Affidavit of Publication attached hereto as Exhibit C and incorporated herein by this reference. The mailing and publication of the Notice of Public Hearing has been done as a courtesy and is not a requirement of the Town of Firestone. STATE OF COLORADO CITY AND COUNTY OF DENVER ft&AV - Courtney Linney aralegal Spencer Fane LLP 1700 Lincoln Street, Suite 2000 Denver, Colorado 80203 } ss. } Subscribed and sworn to before me this 27th day of August, 2019, by Courtney Linney, Paralegal. Witness my hand and official seal. (S E A L) BLAINE LIMING NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20IM10881 MY COMMISSION EXPKS MARCH 20, 2023 ---5 Notary P le {00130527.DOC v: l } RESOLUTION 19-83 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING IN ITS ENTIRETY RESOLUTION 11-31, AND THEREBY TERMINATING THE IMPROVEMENTS REIMBURSEMENT AGREEMENT (TURNER COMMONS ANNEXATION) BETWEEN THE TOWN OF FIRESTONE AND FIRESTONE PARTNERS, LLC WHEREAS, by Resolution 11-31, adopted on October 26, 2011, the Board of Trustees of the Town of Firestone, Colorado, ("Board") approved an Improvement Reimbursement Agreement between the Town and Firestone Partners, LLC, ("Parties") concerning the Turner Commons Annexation ("Project"); and WHEREAS, in conjunction with adoption of Resolution 11-31 on October 26, 2011, the Board, by Ordinance 790, enacted Section 3.08,200 of the Firestone Municipal Code which implemented the Parties Improvement Reimbursement Agreement ("IRA"); and WHEREAS, in accordance with the IRA, Firestone Partners, LLC, ("Developer") upon the IRA's "Effective Date" would become the fee owner of the Property ("Turner Commons"); and WHEREAS, in accordance with the IRA, the Effective Date is the later of the occurrence of the Developer acquiring fee title to the Property and the recordation in the records of the annexation ordinances and annexation maps for the Property in accordance with C.R.S. § 31-12- 113 (2) (a) (11) (A); and WHEREAS, C.R.S. § 31-12-113 (2) (a) (II) (A) provides that an annexation shall be effective upon an annexing municipality's filing of three certified copies of the annexation ordinance and map of the area with the county clerk and recorder of each county affected; and WHEREAS, in accordance with the records of the Weld County Clerk and Recorders Office, the Town filed the required Annexation Ordinance and Annexation Map on March 26, 2012: and WHEREAS, the IRA contains Conditions Precedents setting forth specified time periods, which if not met will entitle the Party for whose benefit the condition is established to terminate the IRA in which case the legal effect will be as if the IRA for the Project has never been approved; and WHEREAS, for the benefit of the Town it may, in accordance with Section 7.11 of the IRA, terminate the IRA if: the Developer fails to acquire fee title to the Property within one year of "execution" of the IRA; WHEREAS, the Weld County Clerk and Recorders Office records show that at the date of the execution of the IRA, (October 26, 2011) the Property was owned by RJ Holdings, LLC, Fahrenholtz Ronald L. Revocable Trust until sold to the current owner, Fahrenholtz Ronald L. Trust, on December 12, 20I6; and WHEREAS, additionally the Developer in accordance with the records of the Colorado Secretary of State, effective July 10, 2012, voluntarily relinquished its authority to transact business or conduct activities in the State of Colorado; and WHEREAS, as the Developer failed to meet the Condition Precedent of acquiring fee title to the Property within one year of execution of the IRA in 2011, the IRA was thus never "Effective" and the Town therefore desires to terminate the Improvement Reimbursement Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Resolution 11-31 adopted by the Board of Trustees of the Town of Firestone, Colorado ("Board") is repealed in its entirety and the Board, hereby terminates the Improvement Reimbursement Agreement (Turner Commons Annexation) between the Town of Firestone, Colorado and Firestone Partners, LLC, INTRODUCED, READ AND ADOPTED this 1 I" day of September, 2019. TOWN OF FIRESTONE, COLORADO Bp-W Sinde ayor ATTEST: Leah Vanarsdall, Town Clerk ;a ED AS TO FORM: Willia . Hayashi, Town Attorney RESOLUTION 19-82 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING IN ITS ENTIRETY RESOLUTION 11-30 REGARDING THE OVERALL FINAL DEVELOPMENT PLAN, PRELIMINARY PLAT, PRELIMINARY DEVELOPMENT PLAN AND FINAL PLAT FOR THE TURNER COMMONS ANNEXATION WHEREAS, on October 26, 2011, the Board of Trustees ("Board") of the Town of Firestone, ("Town"), by Ordinance No. 788, approved a zoning request submitted by Firestone Partners LLC ("Developer") regarding certain real property annexed into the Town and known as the Turner Commons Annexation and an Outline Development Plan ("ODP") for such property; and WHEREAS, concurrent with the Turner Commons Amlexation zoning request, Developer submitted to the Town a request for approval of an Overall Final Development Plan ("OFDP"), a preliminary plat, final plat and preliminary development plan, which the Board approved on October 26, 2011, by Resolution No. 11-30, subject to the Developer satisfying a number of conditions set forth on Exhibit A to Resolution No. 11-30, attached hereto and made a part of this resolution; and WHEREAS, the Weld County Clerk and Recorders Office records show that, at the date of the approval of the OFDP (October 26, 2011), the Property was owned by RJ Holdings, LLC, Fahrenholtz Ronald L. Revocable Trust until sold to the current owner, Fahrenholtz Ronald L. Trust, on December 12, 2016; and WHEREAS, additionally the Developer in accordance with the records of the Colorado Secretary of State, effective July 10, 2012, voluntarily relinquished its authority to transact business or conduct activities in the State of Colorado; and WHEREAS, the Board finds and determines the Developer has failed to satisfy the conditions set forth in Exhibit A to Resolution No. 11-30 that were necessary for the effectiveness of the preliminary plat, final plat, preliminary development plan and, in particular, the OFDP, and can never satisfy such conditions because Developer is no longer an existing, legal entity; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO: The Board of Trustees of the Town of Firestone, Colorado ("Board") hereby declares the Overall Final Development Plan, Preliminary Plat, Preliminary Development Plan, and Final Plat for the Turner Commons Annexation null and void, and Resolution 11-30 adopted by the Board is repealed in its entirety. INTRODUCED, READ AND ADOPTED this 11`" day of September, 2019. F�FzES Tp�� err' TOWN r SEA o TOWN OF FIRESTONE, COLORADO Bobbi Sindeiar, Mayor RESOLUTION 19-81 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND FRED DIEHL CONSULTING, LLC, FOR BROADBAND CONSULTING SERVICES WHEREAS, the Town of Firestone ("Town") recognizes that the community's access to high speed broadband internet services is not only desired by its citizens but essential to the growth and vitality of the Town; and WHEREAS, the Town desires to obtain a broadband consulting firm which can serve as a liaison for the Town with other governmental entities involved in broadband and telecommunications and also assist in the development and implementation of a Request for Proposal for a Broadband Assessment and Feasibility Study; and WHEREAS, the Town finds that Fred Diehl Consulting LLC has the skill and experience to provide the services sought by the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and Fred Diehl Consulting, LLC, for Broadband Consulting Services, is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 28"' day of August, 2019. O TOWN OF FIRESTO , COLORADO i�. RAbi Sin r, Mayor ATTEST: ZiV Leah Vanarsdall, Town Clerk PR AS TO FORM: William PHayashi, Town Attorney RESOLUTION 19-80 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE TO APPROVE FILING OF CERTAIN CLAIMS FOR CONDITIONAL WATER RIGHTS FOR FIRESTONE RESERVOIRS 1 & 2; FOR THE FILING OF CERTAIN CLAIMS FOR CONDITIONAL WATER RIGHTS TO THE ST. VRAIN WATER TREATMENT PLANT; AND FOR AN APPROPRIATIVE RIGHT OF EXCHANGE FROM ST. VRAIN WASTEWATER TREATMENT PLANT. WHEREAS, the Board of Trustees of the Town of Firestone (the "Town" or "Firestone") is vested with the authority of administering the affairs of the Town of Firestone; and WHEREAS, the Town of Firestone desires to appropriate conditional water rights, including storage for Firestone Reservoir Nos. 1 & 2 and for direct diversion to the St. Vrain Water Treatment Plant; and WHEREAS, such conditional water rights for Firestone Reservoir Nos. 1 & 2 shall be in addition to those approved in the Town of Firestone Resolution 19-04; and WHEREAS, the diversion for the conditional rights described in this Resolution are to be made from a pump station on the St. Vrain Creek located at the NW 1/4 of the SW 1/4 of Section 31, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado; and WHEREAS, the Town of Firestone desires to appropriate an appropriative right of exchange from the outfall of the St. Vrain Wastewater Treatment Plant, located at the SW 1/4 of the NE 1/4 of Section 31, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado, to the pump station on St. Vrain Creek located at the NW 1/4 of the SW 1/4 of Section 31, Township 3 North, Range 67 West of the 61h P.M., Weld County, Colorado; and WHEREAS, by this Resolution the Town desires to approve the appropriations described above and authorize their adjudication. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. Appropriation of Conditional Water Rights for Storage Reservoirs. The Town authorizes the filing of an application to appropriate additional conditional water rights for Firestone Reservoir No. 1 and Firestone Reservoir No. 2. The beneficial uses of such conditional water rights shall include all municipal uses, including storage, augmentation, irrigation, commercial, industrial, substitution and exchange as well as recreation and piscatorial uses within the reservoirs. The Town will fill each reservoir to capacity with an initial fill and one refill annually. The as -built storage capacity for the Firestone Reservoir No. 1 is 1,218.62 acre-feet. The anticipated as -built storage capacity for Firestone Reservoir No. 2 is 1,200 acre-feet. In addition to the locations of diversion described in the Town of Firestone Resolution 19-04, Firestone Reservoirs No. 1 & 2 may be filled by a diversion of 5.35 c.f.s. from a pump station on the St. Vrain Creek located at the NW '/4 of the SW 1/4 of Section 31, Township 3 North, Range 67 West of the 61h P.M., Weld County, Colorado (the "Firestone -St. Vrain Pump Station"). 2. Appropriation of Conditional Water Rights for the St. Vrain Treatment Plant. The Town authorizes the filing of an application to appropriate conditional water rights for direct diversion to the St. Vrain Water Treatment Plant from the Firestone -St. Vrain Pump Station described above at the rate of 5.35 c.£s. The beneficial uses of such conditional water rights shall include all municipal uses, including storage, augmentation, irrigation, commercial, industrial, substitution and exchange. 3. Appropriation of Conditional Exchange Right. The Town authorizes the filing of an application for an appropriative right of exchange from the outfall of the St. Vrain Sanitation District's Wastewater Treatment Plant to the Firestone -St. Vrain Pump Station. The appropriative right of exchange shall be for 5.35 c.f.s. and shall include as a source of substitute supply, all fully consumable water described in this resolution, Town of Firestone Resolution 19-04 any Windy Gap water or fully consumable water derived from the Northern Integrated Supply Project which is treated by the St. Vrain Sanitation District. 4. Town officials, officers, employees and agents are authorized to take such actions as necessary in connection with the filing of the applications contemplated in this Resolution. 5. All actions of the Town's officials, officers, employees and agents taken prior to the date of this Resolution relating to the applications contemplated herein are hereby ratified, approved and confirmed. INTRODUCED, READ AND ADOPTED this 28"' day of Au�st, 2019. TOWN OF FIRESTONE, COLORADO O Ne )Ij biAindelar,Mayor ATTEST:k ,,, u^^,MAIda_# ` Leah Vanarsdall, Town Clerk A PR D AS TO FORM: William YHayashi, Town Attorney RESOLUTION NO. 19-79 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING THE SERVICE PLAN FOR THE SKYVIEW MEADOWS METROPOLITAN DISTRICT WHEREAS, Article I of Title 32 of the Colorado Revised Statutes, as amended (the "Special District Act") authorizes the formation of various kinds of governmental entities to finance and operate public services and infrastructure, including metropolitan districts; and WHEREAS, pursuant to the Special District Act, Firestone Ventures LLC (the "Petitioner") has submitted to the Town of Firestone (the "Town") a service plan (the "Service Plan") for the proposed Skyview Meadows Metropolitan District (the "District"), a copy of which is attached as Exhibit A and incorporated herein by reference; and WHEREAS, the District will be organized to provide for the planning, design, acquisition, construction, installation and financing of certain public improvements, as more specifically described in the Service Plan; and WHEREAS, in accordance with the Special District Act, the Petitioner published notice of the hearing before the Town Board of Trustees (the `Board") for consideration of the Service Plan in the Longmont Times -Call, a newspaper of general circulation, on August 2, 2019, as evidenced by the Affidavit of Publication attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, in accordance with the Special District Act, the Petitioner mailed by first class mail notice of the hearing before the Town Board on August 7, 2019 to all property owners within the boundaries of the District, as evidenced by the Affidavit of Mailing and Publication Notice of Public Hearing attached hereto as Exhibit C and incorporated herein by this reference; and WHEREAS, in accordance with the Special District Act, notice of the hearing before the Town Board was also mailed by the Petitioner by first class mail on August 7, 2019 and to interested persons, defined as follows: (1) the Colorado Division of Local Government; and (2) the governing body of any municipality or special district which has levied an ad valorem tax within the next preceding tax year, and which has boundaries within a radius of three miles of the District's boundaries, as evidenced by the Affidavit of Mailing and Publication Notice of Public Hearing attached hereto as Exhibit C; and WHEREAS, the Special District Act requires that any service plan submitted to the district court for creation of a metropolitan district must first be approved by resolution of the governing body of the municipality within which the proposed district lies; and WHEREAS, following notice as required by law, the Board conducted a public hearing on the request on August 28, 2019 and September 11, 2019, and has considered the Service Plan and all other testimony and evidence presented at the hearing. (OOI30527.DOC v:I } THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone finds that: (a) A Service Plan for the Skyview Meadows Metropolitan District was filed in the office of the Planning and Development Department of the Town of Firestone; and (b) Pursuant to statute, the Board of Trustees of the Town of Firestone has authority to review the Service Plan with reference to need, service and economic feasibility; and (c) That Petitioner has fulfilled in a timely manner the notice requirements under the Special District Act in regards to the public hearing by the Board of Trustees on approval of the District's Service Plan; and (d) The Board of Trustees of the Town of Firestone has reviewed the Service Plan, along with the evidence and related exhibits as presented at the public hearing, and has determined that the same meets the municipal approval criteria under the Special District Act and, therefore, has determined to adopt a resolution of approval of the Service Plan for the proposed Skyview Meadows Metropolitan District. Section 2. Upon consideration of the Service Plan for the District, and evidence presented at the public hearing on the Service Plan, the Board of Trustees of the Town of Firestone does find, determine and declare, as required by Section 32-1 -203(2), C.R.S., as follows: (a) That there is sufficient existing and projected need for organized service in the area to be serviced by the District; (b) That the existing service in the area to be served by the District is inadequate for present and projected needs; (c) That the District is capable of providing economical and sufficient service to the area within its proposed boundaries; and (d) That the area to be included in the District has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. {00130527-DOC v:1 } Section 3. The Board of Trustee's findings are based solely on the evidence presented at the public hearing and set forth in the Service Plan, and that the Town of Firestone has no conducted any independent investigation of the evidence. The Town of Firestone makes no guarantee as to the financial viability of the District or achievability of the desired results. Section 4. That pursuant to Section 32-1-204.5(1)(c), C.R.S., the Board of Trustees hereby imposes the following conditions upon its approval of the Service Plan: (a) The District shall not be authorized to issue Debt until the District has reimbursed the Town for all the charges and fees it has incurred with its attorneys and consultant relating to their review of this Service Plan and in connection with the modification of the Service plan approved herein; and (b) (c) If any of the above -stated conditions (a) through (c) are not met, the Town may revoke its approval of the Service Plan by subsequent resolution and pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 5. Upon consideration of the Service Plan, and all evidence presented at the public hearing on the Service Plan, the Service Plan for the Skyview Meadows Metropolitan District, as set forth in Exhibit A to this Resolution, is hereby approved, subject to the conditions stated in Section 4 above, in accordance with Section 32-1-204.5(1)(c), C.R.S. Section b. That the Board of Trustee's approval of the Service Plan is not a waiver or a limitation upon any power that the Town of Firestone or Board of Trustees is legally permitted to exercise regarding the property within the District. INTRODUCED, READ AND ADOPTED this llth day ofW, 2019. I.STON T WN OF F STO , COLORADO ' TOWN fJ gg SEA o� o bi SindW4r, Mayor ATTEST: "'NES�T:/O �� 1 C��NTY, GO\• Leah Vanarsdall, Town Clerk AS TO FORM: William P.-IjaA4shi, Town Attorney {a0130527.Doc v; l } EXHIBIT A SKYVIEW MEADOWS METROPOLITAN DISTRICT SERVICE PLAN 100130527.DOC v:1 ? SERVICE PLAN SKYVIEW MEADOWS METROPOLITAN DISTRICT TOWN OF FIRESTONE, COLORADO Prepared by: FRITSCHE LAW, LLC 1888 SHERMAN STREET, SUITE 200 DENVER, CO 80203 September 11, 2019 -i- TABLE OF CONTENTS I. INTRODUCTION............................................................................................................. 1 A. Purpose and Intent.................................................................................................. 1 B. Need for the District................................................................................................ 1 C. Objective of the Tow Regarding District Service Plans ....................................... 1 D. Organizers and Consultants.................................................................................... 2 II. DEFINITIONS....................................................................................................................2 III. BOUNDARIES...................................................................................................................3 IV. PROPOSED LAND USE/POPULATION PROTECTIONS/ASSESSED VALUATION....... 3 V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES....... 4 A. Powers of the District and Service Plan Amendment .............................................. 4 1. Operations and Maintenance Limitation..................................................... 4 2. Use of Bond Proceeds and Other Revenues of the District Limitation...... 4 3. Recovery Agreement Limitation................................................................. 4 4. Construction Standards Limitation............................................................. 5 5. Privately Placed Debt Limitation................................................................ 5 6. Boundary Change Limitation...................................................................... 5 7. Total Debt Issuance Limitation................................................................... 5 8. No Rates, Fees, Charges, Assessments or Exaction .................................. 5 9. Monies from Other Governmental Sources ............................................... 5 10. Consolidation Limitation........................................................................... 5 11. Bankruptcy Limitation................................................................................ 6 12. Eminent Domain Powers Limitation.......................................................... 6 13. Notice of Meetings...................................................................................... 6 14. Subdistricts; 63-20 Corporations................................................................ 6 15. Intergovernmental Agreement; Improvement Guarant-y............................. 6 16. Service Plan Amendment Requirement...................................................... 6 B. Preliminary Engineering Survey............................................................................. 7 VI. FINANCIAL PLAN............................................................................................................ 7 A. General....................................................................................................................7 B. Maximum Voted Interest Rate and Maximum Underwriting Discount ................. 8 _ C. No -Default Provisions............................................................................................. 8 D. Eligible Bondholders.............................................................................................. 8 E. Maximum Debt Mill Levy...................................................................................... 8 F. Maximum Debt Mill Levy Imposition Term.......................................................... 9 G. Debt Repayment Sources.... .................................................................................... 9 H. Security for Debt..................................................................................................... 9 I. Operating Mill Levy............................................................................................... 9 T. Total Mill Levy..................................................................................................... 10 VII. ANNUAL REPORT........................................................................................................ 10 A. General..................................................................................................................10 B. Reporting of Significant Events............................................................................ 10 VIII. DISSOLUTION................................................................................................................ it IX. DISCLOSURE TO PURCHASERS................................................................................. I X. COMPLIANCE WITH LAWS......................................................................................... 12 XI. CONCLUSION.................................................................................................................12 LIST OF EXHIBITS EXHIBIT A Legal Description EXHIBIT B District Vicinity Map EXHIBIT C District Boundary Map EXHIBIT D Description of Public Improvements EXHIBIT E Matrix of Ownership and Maintenance EXHIBIT F Financing Plan EXHIBIT G Form of Disclosure EXHIBIT H Board of Trustees' Certified Resolution of Approval of Service Plan (to be added) EXHIBIT I Organizational Election Draft Ballot SKYVIEW MEADOWS METROPOLITAN DISTRICT SERVICE PLAN I. INTRODUCTION A. Purpose and_ Intent. The District is an independent unit of local government, separate and distinct from the Town. It is intended that the District will provide a part or all of the Public Improvements for the use and benefit of all anticipated constituents and taxpayers of the District. The primary purpose of the District will be to finance the construction of these Public Improvements. The District is not being created to provide ongoing operations and maintenance services other than as specifically set forth in Exhibit E to this Service Plan. B. Need for the District. There are currently no other governmental entities, including the Town, located in the immediate vicinity of the District that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction installation, relocation, redevelopment, and financing of the Public Improvements needed for the Project. Formation of the District is therefore necessary in order for the Public Improvements required for the Project to be provided in the most economic manner possible. C. Objective of the Town Regarding District Service Plans. The Town's objective in approving the Service Plan for the District is to authorize the District to provide for the planning, design, acquisition, construction, installation, and financing of the Public Improvements from the proceeds of Debt to be issued by the District. All Debt is expected to be repaid by taxes imposed and collected for no longer than the Maximum Mill Levy Imposition Term. The District's mill levy shall be no higher than the Maximum Mill Levy. This Service Plan is intended to establish a limited purpose for the District and explicit financial constraints that arc not to be violated under any circumstances. The primary purpose is to provide for the Public Improvements associated with development and regional needs. Operational activities are allowed, but only as specified in Exhibit E to this Service Plan. Unless the District has operational responsibilities for any of the Public Improvements, it is the intent of the District to dissolve upon payment or defeasance of all Debt incurred or upon a court determination that adequate provision has been made for the payment of all Debt, or upon the occurrence of an event specified in Section 32-1-701(2) or (3), C.R.S. The District shall be authorized to finance the Public Improvements that can be funded from Debt to be repaid from tax revenues collected from a mill levy which shall not exceed the Maximum Debt Mill Levy and which shall not exceed the Maximum Debt Mill Levy Imposition Term. It is the intent of this Service Plan to assure to the extent possible that no property bears an economic burden that is greater than that associated with the Maximum Debt Mill Levy in amount and that no property bear an economic burden that is greater than that associated with the Maximum Debt Mill Levy Imposition Term. Generally, the cost of Public Improvements that cannot be funded within these parameters are not costs to be paid by the District. September 11, 2019v2 -1- D. Organizer and Consultants. This Service Plan has been prepared by the following: Organizer: Firestone Venture, LLC 2420 W. 17th Avenue, Suite 3051 Denver, CO 80204 Investment Banker: Stifel Public Finance 1401 Lawrence Street, Suite 900 Denver, CO 90202 Bond Counsel: Kline Alvarado Veio, PC 1775 Sherman Street, Suite 1790 Denver, CO 80203 H. DEFINITIONS District Counsel: Fritsche Law, LLC I888 Sherman Street, Suite 200 Denver, CO 80203 Engineer: Colorado Geoscience and Design Inc. P.O. Box 68 Franktown, CO 80116 In this Service Plan, the following terms shall have the meanings indicated below, unless the context hereof clearly requires otherwise: Board: means the board of directors of one District. Board of Trustees: means the Board of Trustees of the Town of Firestone, Colorado. Bonds or Debt: means any bonds, notes, debentures, certificates, contracts, capital leases, or other multiple fiscal year financial obligations of the District. District: means the Skyview Meadows Metropolitan District. District Boundaries: means the boundaries of the area described in the District Boundary Map. District Boundary Map: means the map attached hereto as Exhibit C, describing the District's Boundaries. Financial Plan: means the Financial Plan attached hereto as Exhibit F and described in Section VI which describes (a) how the Public Improvements are to be financed; (b) how the Debt is expected to be incurred; and (c) the estimated revenue and expenses. Market Issued Debt: means Debt which is underwritten by an underwriter or investment banker listed in the Bond Buyer's Municipal Market Place (also known as the Redbook). Maximum Debt Mill Levy: means the maximum mill levy the District is permitted to impose for payment of Debt as set forth in Section WE below. September 11, 2019v2 -2- Maximum Debt Mill Lew Imposition Term: means the maximum term for imposition of a mill levy as set forth in Section VLF below. Official Development Plan: means an Official Development Plan as approved by the Town pursuant to the Town Code. Privately Placed Debt: means Debt which is sold or placed directly with an investor, without being underwritten by an underwriter or investment banker. Project: means the development or property commonly referred to as Skyview Meadows. Public Improvements: means a part or all of the improvements authorized to be planned, designed, acquired, constructed, installed, and financed as generally described in Exhibit D, except as specifically limited in Section V below, to serve the future taxpayers and inhabitants of the District as determined by the Board of the District. Service Plan: means this service plan for the District approved by Board of Trustees. Service Plan Amendment: means an amendment to the Service Plan approved by Board of Trustees in accordance with the Town's ordinance and the applicable state law. Special District Act: means Section 32-1-101, et seq., of the Colorado Revised Statutes, as amended from time to time. State: means the State of Colorado. Town: means the Town of Firestone, Colorado. Town Code: means the Town Code of the Town of Firestone, Colorado. Urban Renewal Authority: means the Town of Firestone Urban Renewal Authority ("FURA"). III. BOUNDARIES The area of the District includes approximately 240 acres. A legal description of the District Boundaries is attached hereto as Exhibit A. A map of the District Boundaries is attached hereto as Exhibit C. A vicinity map is attached hereto as Exhibit B. IV. PROPOSED LAND USE/POPULATION PROJECTIONSIASSESSED VALUATION The District Boundaries consists of approximately 240 acres of vacant land. The current assessed valuation of the District Boundaries is zero Dollars for the purposes of this Service Plan and, at full build -out, is expected to be sufficient to reasonably discharge Debt issued by the District under the Financial Plan. The population of the District at full build -out is estimated to be approximately 2,040 people. The Official Development Plan for the property in the District Boundaries is expected to be approved by the Town in late 2019. September 11, 2019v2 -3- V. DESCRIPTION OF PROPOSED_ _POWERS, IMPROVEMENTS AND SERVICES A. Powers of the District and Service Plan Amendment. The District shall have the power and authority to provide the Public Improvements and, if provided herein, related operation and maintenance services, within and without the boundaries of the District as such power and authority is described in the Special District Act, and other applicable statutes, common law and the Constitution, subject to the limitations set forth herein. I. Operations and Maintenance Limitation. The purpose of the District is to plan for, design, acquire, construct, install, and finance the Public Improvements. The District shall dedicate the Public Improvements to the Town or other governmental entity or owners association in a manner consistent with the Official Development Plan and other rules and regulations of the Town and applicable provisions of the Town Code. The District shall not he authorized to operate and maintain any part or all of the Public Improvements unless the provision of such operation and maintenance is pursuant to Exhibit E in the approved Service Plan. The property within the District lies within the St. Vrain Sanitation District ("St. Vrain") and will receive sanitary sewer service from this entity. St. Vrain does not plan to finance or construct the sanitary sewer system improvements for the Project. The sanitary sewer system improvements to be provided by the District do not duplicate or interfere with the provision of sanitary sewer service by St. Vrain. The exercise of the sanitary sewer power by the District shall be subject to consent from St. Vrain, pursuant to Section 32-1-107, C.R.S. Construction of sanitary sewer system improvements shall be done in accordance with the applicable standards and specifications of St. Vrain and shall be dedicated to St. Vrain pursuant to an intergovernmental agreement to be entered into between St. Vrain and the District at the first meeting of the District's Board of Directors (the "St. Vrain IGA"). 2. Use of Bond Proceeds and Other Revenues of the District Limitation. Proceeds from the sale of Debt instruments and other revenues of the District may not be used to pay landowners within the District for any items required by annexation agreements or land use codes. Examples of ineligible reimbursements include: the acquisition of rights of way, easements, and land for prudent drainage, parkland or open space. Additionally, if the landowner/developer constructs the public infrastructure and conveys it to the District contingent upon a pledge from the District that it will issue Debt to pay the landowner/developer, prior to reimbursing the landowner/developer for such amounts, the District must receive the report of an independent engineer or accountant confirming that the amount of the reimbursement is reasonable. 3. Cost RecoveryAgreement Limitation. Should the District construct infrastructure subject to a cost recovery agreement with the Town or other entity, the District retains all benefits under the cost recovery agreement. Any subsequent reimbursement for public improvements installed or financed by the District will remain the property of the District and be applied toward repayment of its Debt, if any. Any reimbursement revenue not necessary to repay District Debt may be utilized to construct additional Public Improvements permitted under this Service Plan. September 11, 2019v2 -4- 4. Construction Standards Limitation. The District will ensure that the Public Improvements it constructs, or finances, are designed and constructed in accordance with the standards and specifications of the Town and of other governmental entities having proper jurisdiction. In all instances, the District will comply with applicable Town ordinances, regulations and standards, including, without limitation, and to the extent necessary, execution of public improvement agreements and provision of improvements and dedication of any of the Public Improvements to the Town. The District will obtain the Town's approval of civil engineering plans and will obtain applicable permits for construction and installation of Public Improvements prior to performing such work. Nothing herein requires the Town to accept the transfer of any Public Improvement. 5. Privately Placed Debt Limitation. Prior to the issuance of any Privately Placed Debt, the District shalt obtain the certification of an underwriter, 'investment banker, or individual listed as a public finance advisor in the Bond Buyer's Municipal Market Place (also known as the Redbook); and is not an officer of the District, substantially as follows: We [I] certify that (1) the net effective interest rate (calculated as defined in Section 32-1-103(12), C.R.S.) to be borne by [insert the designation of the Debt] does not exceed a reasonable current [tax- exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable securities; and (2) the structure of [insert designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. 6. Boundary Chance itation. The District shall not include within or exclude from its boundaries any property without the prior written consent of the Town. 7. Total Debt Issuance Limitation, The District shall not issue Debt in an aggregate principal amount in excess of Twenty-four Million Dollars ($24,000,000), provided that the foregoing shall not include the principal amount of Debt which has been refunded by the issuance of refunding Debt. 8. No Rates, Fees, Charges, Assessments or Exaction. Except for a one-time development fee, not to exceed $5,000, the District shall not impose any rate, fee, charge, assessment or exaction and shall not utilize any rate, fee, charge, assessment or exaction imposed by any public or private entity without written consent of the Town. 9. Monies from Other Governmental Sources. The District shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds, or other funds available from or through governmental or non-profit entities that the Town is eligible to apply for, except pursuant to an intergovernmental agreement with the Town. This Section shall not apply to specific ownership taxes which shall be distributed to and a revenue source for the District without any limitation. 10. Consolidation Limitation. The District shall not file a request with any Court to consolidate with another Title 32 district without the prior written consent of the Town. September 11, 2019v2 -5- 11. Bankruptcy Limitation. All of the limitations contained in this Service Plan, including, but not limited to, those pertaining to the Maximum Debt Mill Levy and the Maximum Debt Mill Levy Imposition Term have been established under the authority of the Town to approve a Service Plan with conditions pursuant to Section 32-1-204.5, C.R.S. It is expressly intended that such limitations: (a) Shall not be subject to set -aside for any reason or by any court of competent jurisdiction, absent a Service Plan Amendment; and (b) Are, together with all other requirements of Colorado law, included in the "political or governmental powers" reserved to the State under the U.S. Bankruptcy Code (I I U.S.C) Section 903, and are also included in the "regulatory or electoral approval necessary under applicable nonbankruptcy law" as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy Code Section 943(b)(6). Any Debt issued with a pledge or which results in a pledge that exceeds the Maximum Debt Mill Levy or the Maximum Debt Mill Levy Imposition Term, shall be deemed a material departure from this Service Plan pursuant to Section 32-1-207(2), C.R.S., and the Town shall be entitled to all remedies available under State and local law to enjoin such actions of the District. 12. Eminent Domain Powers Limitation. The District shall provide the Town with written notice prior to its exercise of the power of eminent domain. 13. Notice of Meetings. The District shall deliver to the Town Clerk a copy of written notice of every regular or special meeting of the District at least three (3) days prior to such meeting. The District shall post a copy of such notice at Town Hall and the Town Post Office. From the time that 50% of the structures to be built in the District have been sold to third party purchasers, all meetings of the Board of Directors shall be held within Town limits. 14. Subdistricts; 63-20 Corporations. No subdistricts shall be created by the District pursuant to Section 32-1-1 101(1.5), C.R.S., without prior approval of the Town. The District shall not create any corporation to issue Bonds on the District's behalf. 15. Intergovernmental Agreement, Improvement Guaranty. The District shall not levy any taxes or issue any Debt until it enters into an intergovernmental agreement with the Town regarding the enforcement of the provisions of this Service Plan. The intergovernmental agreement shall be in form and substance satisfactory to the Town Administrator and Town Attorney. The creation of the District shall not alter the obligation of the developer of property in the District to provide the Town with improvement guarantees pursuant to an Official Development Plan. 16. Service Plan Amendment Requirement. This Service Plan has been designed with sufficient flexibility to enable the District to provide required services and facilities under evolving circumstances without the need for numerous amendments. While the assumptions upon which this Service Plan are generally based are reflective of an Official Development Plan for the property within the District, the cost estimates and Financing Plan are sufficiently flexible to enable the District to provide necessary services and facilities without the need to amend this Service Plan as development plans change. Modification of the general types of services and September 11, 2019v2 -6- facilities, and changes in proposed configurations, locations, or dimensions of various facilities and improvements shall be permitted to accommodate development needs consistent with then - current Official Development Plans for the property. The assumptions in the Financing Plan are based on estimates for absorption schedules and pricing, and future Debt issuances at the time of Service Plan approval. Actions of the District which violate the limitations set forth in Sections A.1-15 above or in Section VI shall be deemed to be material departures from this Service Plan and the Town shall be entitled to all remedies available under State and local law to enjoin such actions of the District. B. Preliminary Engineering Survey. The District shall have authority to provide for the planning, design, acquisition, construction, installation, relocation, redevelopment, maintenance, and financing of the Public Improvements within and without the boundaries of the District, as more specifically described in Exhibit D, including the information required by Section 32-1-202(2)(c) and (e), C.R.S. An estimate of the costs of the Public Improvements which may be planned for, designed, acquired, constructed, installed, relocated, redeveloped, maintained or financed by the District was prepared based upon a preliminary engineering survey and estimates derived from the Official Development PIan on the property within the District Boundaries and is approximately $21,717,618 and as more specifically detailed in Exhibit D. All of the Public Improvements described herein will be designed in such a way as to assure that the Public Improvements standards will be compatible with those of the Town and shall be in accordance with the requirements of the Official Development Plan. All descriptions of the Public Improvements to be constructed, and their related costs, are estimates only and are subject to modification as engineering, development plans, economics, the Town's requirements, and construction scheduling may require. All construction cost estimates assume construction to applicable local, State or Federal requirements. VI. FINANCIAL PLAN A. General. The District shall be authorized to provide for the planning, design, acquisition, construction, installation, relocation, and financing of the Public Improvements from its revenues and by and through the proceeds of Debt to be issued by the District. The Financial Plan for the District shall be to issue such Debt as the District can reasonably pay within the Maximum Debt Mill Levy Imposition Term from revenues derived from the Maximum Debt Mill Levy and other legally available revenues (subject to Section V.A.8 hereof). The total Debt that the District shall be permitted to issue shall not exceed the total Debt issuance limitation set forth in Section V.A.7 hereof, and shall be permitted to be issued on a schedule and in such year or years as the District determine shall meet the needs of the District at the time of issuance, as estimated in the Financial Plan referenced above and phased to serve development as it occurs. All Debt issued by the District may be payable from any and all legally available revenues of the District, including general ad valorem taxes to be imposed upon all taxable property of the District. Prior to issuing any Debt, the District shall deliver to the Town an opinion of nationally recognized bond counsel stating that the Debt satisfies the requirements of the Service Plan. September 11, 2019v2 -7- B. Maximum Voted Interest Rate and Maximum Underwriting Discount. The interest rate on any Debt is expected to be the market rate at the time the Debt is issued. The proposed maximum interest rate on any Debt shall not exceed 12%. The maximum underwriting discount shall not exceed 3%. Debt, when issued, will comply with all relevant requirements of this Service Plan, State law and Federal law as then applicable to the issuance of public securities. C. No -Default Provisions. Debt issued by a District shall be structured so that failure to pay debt service when due shall not of itself constitute an event of default or result in the exercise of remedies. The foregoing shall not be construed to prohibit events of default and remedies for other occurrences including, without limitation: (1) failure to impose or collect the Maximum Debt Mill Levy or such portion thereof as may be pledged thereto, or to apply the same in accordance with the terms of the Debt; (2) failure to abide by other covenants made in connection with such Debt; or (3) filing by a District as a debtor under any bankruptcy or other applicable insolvency laws. Notwithstanding the foregoing, Debt will not be structured with a remedy which requires the District to increase the Maximum Debt Mill Levy or the Maximum Debt Mill Levy Imposition Term. D. Eligible Bondholders. All District Bonds or other Debt instruments, if not rated in one of its four highest rating categories by one or more nationally recognized organizations which regularly rate such obligations, must be issued in minimum denominations of Five Hundred Thousand Dollars ($500,000). The foregoing shall not prohibit the redemption by the District of such Debt instruments in denominations smaller than $500,000. E. Maximum Debt Mill Levy. The "Maximum Debt Mill Levy" shall be the maximum mill levy the District is permitted to impose upon the taxable property of the District for the purposes of repaying Debt and shall be determined as follows: 1. The Maximum Debt Mill Levy shall be fifty (50) mills; provided that if, on or after January 1, 2019, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2019, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation. September 11, 2019v2 -8- F. Maximum Debt Mill Lcyy Imposition Term. The District shall not impose a debt service mill levy for more than forty (40) years after the year of the issuance of obligations to be supported by such debt service mill levy unless: (1) a majority of the Board of Directors of the District imposing the mill levy are residents of such District; and (2) such Board has voted in favor of issuing Debt with a term which requires or contemplates the imposition of a debt service mill levy for a longer period of time than the limitation contained herein. G. Debt Repayment Sources. The District may impose a mill levy on taxable property within its boundaries as a primary source of revenue for repayment of debt service and for operations and maintenance. The debt mill levy shall only be used for debt service on Market Issued Debt or for Privately Placed Debt.. It shall never be used to pay debt service on any other obligation. Specifically, Developer advances for capital outlays must be structured as Privately Placed Debt if there is a reasonable expectation that the advance will not be repaid in its entirety within one (1) year. In no event shall the debt service mill levy exceed the Maximum Debt Mill Levy or the Maximum Debt Mill Levy Imposition Term. H. Security for Debt. No Debt or other financial obligation of any District will constitute a debt or obligation of the Town in any manner. The faith and credit of the Town will not be pledged for the repayment of any Debt or other financial obligation of any District. This will be clearly stated on all offering circulars, prospectuses, or disclosure statements associated with any securities issued by any District. District shall not utilize the Town of Firestone's name in the name of the District. I. Operating Mill Levy. In addition to the capital costs of the Public Improvements, the District will require operating funds for administration and to plan and cause the Public Improvements to be constructed and maintained. The District is authorized to impose an operations mill levy. The first year's operating budget is estimated to be $100,000, which is anticipated to be derived from property taxes and other revenues as described in Exhibit F. The District is located with the boundaries of the proposed Bighorn Urban Renewal Plan ("Plan"). Pursuant to an Intergovernmental Agreement for Property Tax Increment Revenue Sharing to be entered into by and between the District and FURA within sixty days of the organization of the District, the District shall agree that FURA may retain and expend 100% of the property tax increment revenues derived from (fifteen) 15 mills for a period of five (5) years commencing on the date of approval by the Town of the Plan ("District Increment"). The District September 11, 2019v2 -9- acknowledges that the service area of the District is benefitted by the approval of the Plan and activities and undertakings of FURA in furtherance of the flan and Urban Renewal Law. J. Total Mill Levy. Upon conclusion of retention of the District Increment, described above, the District's total mill levy certified in any year shall not exceed sixty (60) mills provided that if, on or after January 1, 2019, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2019, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation. VII. ANNUAL REPORT A. General. The District shall be responsible for submitting an annual report to the Town no later than August 1 of each year following the year in which the Order and Decree creating the District has been. issued. B. Reporting of Significant Events. The annual report shall include the following information: (a) A narrative summary of the progress of the District in implementing its Service Plan; (b) Except when an exemption from audit has been granted for the fiscal year under the Local Government Audit Law, the audited financial statements of the District for the fiscal year including a statement of financial condition (i.e. balance sheet) as of December 31 of the fiscal year and the statement of operations (i.e. revenues and expenditures) for the fiscal year; (c) Unless disclosed within a separate schedule to the financial statements, a summary of the capital expenditures incurred by the District in development of public facilities in the fiscal year, as well as any capital improvements or projects proposed to be undertaken in the five (S) years following the fiscal year; (d) Unless disclosed within a separate schedule to the financial statements, a summary of the financial obligations of the District at the end of the fiscal year, including the amount of outstanding indebtedness, the amount and terms of any new District indebtedness or long-term obligations issued in the fiscal year, the amount of payment or retirement of existing indebtedness of the District in the fiscal year, the total assessed valuation of September 11, 2019v2 -10- all taxable properties within the District as of January 1 of the fiscal year, and the current mill levy of the District pledged to debt retirement in the fiscal year; (e) The District's budget for the calendar year in which the annual report is submitted; (f) A summary of residential and commercial development which has occurred within the District for the fiscal year; (g) A summary of all taxes, fees, charges and assessments imposed by the District as of January 1 of the fiscal year; (h) The name, business address and telephone number of each member of the Board and its chief administrative officer and general counsel, together with the date, place and time of the regular meetings of the Board. VIII. DISSOLUTION The District agrees to file a petition in the appropriate District Court for dissolution, pursuant to the applicable State statutes upon the occurrence of one of the following: (1) if the Board of Trustees has not approved a preliminary plat and/or development agreement for the development of the property within the District within five years from the approval of this Service Plan; (2) if the District has not issued any Debt within ten years from the approval of this Service Plan; (3) upon an independent determination of the Board of Trustees that the purposes for which the District were created have been accomplished; or (4) when no Debt is then outstanding. If the Board of Trustees has not approved a preliminary plat and/or development agreement for the development of the property within the District within five year from the approval of this Service Plan, the District may request a modification of this Service Plan to provide for a six-month extension of the one-year dissolution clause. The Board of Trustees may approval up to two six- month extensions for a maximum of one year. In no event shall a dissolution occur until the District has provided for the payment or discharge of all of its outstanding Debt as required pursuant to State statutes. IX. DISCLOSURE TO PURCHASERS The District will use reasonable efforts to assure that all developers of the property located within the District provide written notice to all purchasers or lessees of property in the District regarding the Maximum Debt Mill Levy as well as a description of the District's authority to impose and collect rates, fees, penalties or charges. The form of notice shall be substantially in the form of Exhibit H hereto; provided that such form may be modified by the District so long as a new form is submitted to the Town prior to modification. All promotional, marketing, and sales information shall display notice, equal in size and font to all other pertinent information, as to debt, taxes, rates, fees and charges, and this information shall further be recorded in the real estate records of the County with the order of the court creating the District. September t 1, 2019v2 -11- X. COMPLIANCE WITH LAWS The approval of the Service Plan shall not limit the Town in implementing any growth limitations imposed by the Board of Trustees or the voters. The District shall be subject to all of the Town's zoning, subdivision, building code or land use requirements. XI. CONCLUSION It is submitted that this Service Plan for the District, as required by Section 32-1-203(2), C.R.S., establishes that: 1. There is sufficient existing and projected need for organized service in the area to be serviced by the District; 2. The existing service in the area to be served by the District is inadequate for present and projected needs; 3. The District is capable of providing economical and sufficient service to the area within its proposed boundaries; and 4. The area to be included in the District does have, and will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. September 11, 201M -12- Lot A, AMENDED TEETS MINOR PLAT, Town of Firestone, County of Weld, State of Colorado EXHIBIT A Legal Description A-1 EXHIBIT B District Vicinity Map 4; i •3 4 '�"IA �r1UYikli f }hti JM1fiQ •OL O+ O E PL s joa � 41 s 0 46 n J A I � P � �a z EXHIBIT C District Boundary Map C-1 r F WELD f couNYY ROAD ,017 ,w— y� rev a i 4511- OT ALTA/NSPS LAND TITLE SURVEY LOCATED IN SECTION 17, TOWNSHIP 2 NORTH, RANGE 67 WEST 6TH P.M. 0 TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO c, SHEET20FJ 1 r ae CDC aoa w�auuzra� rtcs,m Fnnae. Rmem uorr cr 4 1w1TWE rfmner, 1s15s113 a1JozrQvwt aWW'IOi / \ V .-�' R W .afClall M IU,Q w1 a-atQ Iaol. L1a eno-i amc wm•s .relanc .un :/x,rae - 1 -.s ` �.� /._ /: I \! ,oa ut ojjf/ � t wm>•va'r� I�,� ur:nmyx.m.a.piawcoon iwr+oarnrc � �..-r -®•marmarrevan,ar.w,.u.elecnr,goo. I as aen¢ �`� w amalr aa.Q no aaaarfllaC>rl�>ra + g maeAl r>,ml oau .lpm . —F ..... �— K Z® 3 or t� 1 II g' I U `alaY puvrs�r j If A LOT A'� ri6tiRi11- at , razes, roglgi O 'MOME0 TEES miNOR PLAT RE MON #271716fl I E avxlaco d (�re9aW1� w aaaesa' � H i ' oawtaol aa.+c!'+Gv34113N a.laatr arsaao �lo-x a NA Ai ow rmur-ar-aw7 i� L - m,lrx ipl AN hey. m w°0"".a tts AIN w p ate'. *u aa.'.- aatlN CMga !S laltS }$smeD ll) r MAriOT Iam O i,Fr91�RR,fr1�lG�\tlVdSr.-�1►0 i V� �N6VrerrdaP� T1� ,+, `•a' .•�N'- w.r iw yF yOPA r'.�. � ••,� 'arm xr4�aorwarr 17 IM - ro41 uc a r` a °NOI.A. -amxsr�n .a,mw ��gg 5p1 oat ylan/eneel aP,mrn io"0is C7 ,, �' .,s ,.�iws,aa P- ci+7 'j� I •ow n.n ,au.rrn, a.i as A® a/]I/ar - /!1a Y6bLL`S . arc d m1. •ws aamon .a, nar r n �aarc+a.w,rlra[aaarca.r — .- -.. DEL ',CONDYO LN I w.a a r w,.w w re.. a li 1�0¢LK: ,6rari1l, (aa I9r IFr1l+lcr x0. ,w,aeW V}[@}Sf i O iu *Lc I ''c� aR • {St14 ow",ryh i�11yN .7Wm' - Wiaipnm+ '- lair LSAINR 'IvM Ya l7rt 112^S 11E� a M• 0.4 jn [BSI 4K a S aG. G4Sitill'r 1W7 t; 6 4" aaa.7T �{5' � m { kwms+l DEL COAlUNDO LN.' SI CT ON �aaw a xlsm e�r_ms.-m .a, ,m,m 17 I NIV 9 ar c� wwc wwar la uo u1n r 1 YR 6 a o- ton" aeem ror _ $EC'I'IC}V oavriaeercalara�.awu•roll v sus —, 17 0 r amR • 25 rwlwa GP ru .1aDix ¢aYme l�„so•ax muwourc .K r a xi amw • smn h!RW y .u!•nrl nmua DQ wlalx +ec+2 C+W llaa: avai true - �. ♦ aaYW ls•'Mla•N1 w LLmKc • eollxm • wads 1ss.wwn wane IUM 0 14 'K9iGWL wrasnafa u$mc zee awe ,max — w ;u Jm �u umar rae •nlr a rev .. B svn1 coomt+ k Otfb'A(, .I.IA+,. C 1S 41V1 WLK N 61 B1, q� •x 16a M,GGWA.{{R ZD ,{q{ll 1l1p1 GSLFM IK a. 1r• W WI�NaDAU CQMSfp,l 44 H a;a pO Q9CI✓d IM 144mi @le P7•mi>ff a69.'Iaa �a i:11 allmib� Ma•b — — .14 4 W L19 :i rs ray, lel'.allkfil.11l F•N>D � EXHIBIT D Description of Public Improvements D-1 Capital Cost Estimate Skyview Meadows Metropolitan District 5/31/2019 Town of Firestone, CO uantit Units Price Onsite Public Improvements Roadwav Improvements Aggregate Base Course 39293 Tons @ $18 = $707,274 Asphalt Pavement 39292 Tons @ $65 = $2,553,980 Curb & Gutter (Ramp) 75000 LF @ $21 = $1,575,000 Curb & Gutter (6" vertical) 10600 LF @ $16 = $169,600 Concrete Sidewalk, 4" 38000 SY @ $38 = $1,444,000 Pedestrian Ramp 1500 SY @ $108 = $162,000 Cross Pan 3500 SY @ $53 = $185,500 Subtotal = $6,797,354 Storm Drain Improvements 18" RCP 300 LF @ $69 = $20,700 24" RCP 150 LF @ $84 = $12,600 30" RCP 100 LF @ $94 = $9,400 36" RCP 100 LF @ $124 = $12,400 42" RCP 1000 LF @ $134 = $134,000 48" RCP 2000 LF @ $178 = $356,000 Curb Inlet (Type R, L=5') 6 EA @ $3,791 $22,746 Curb Inlet (Type R, L=10') 12 EA @ $5,044 $60,528 Storm Sewer Manhole 18 EA @ $6,000 $108,000 Detention Ponds 2 EA @ $20,000 $40,000 Pond Outlet Structure 2 EA @ $15,000 $30,000 Subtotal = $806,374 Sanitary Sewer Improvements Sewer Main Pipe (8" PVC) 25000 LF @ $94 = $2,350,000 Sanitary Sewer Manhole 90 EA @ $4,575 = $411,750 Sanitary Sewer Service Line 560 EA @ $1,516 = $848,960 Subtotal = $3,610,710 Water System Improvements Water Main Pipe (8" PVC) 28000 LF @ $94 = $2,632,000 Gate Valves (8") 150 EA @ $1,852 = $277,800 Fire Hydrant Assembly w/ valves 50 EA @ $6,430 = $321,500 Water Service Line 560 EA @ $1,253 = $701,680 Subtotal $3,932,980 Landscaping Collector Road 48,600 SF @ $3.00 145,800 Park Areas 410000 SF @ $3.00 1,260,000 SWMF 1050000 SF @ $1.50 1,575,000 Subtotal $2,980,800 Total Onsite T $18,128,218 Offsite Public Improvements Sanitary Sewer Improvements Sewer Main Pipe (8" PVC) 14000 LF @ $94 = $1,316,000 Sanitary Sewer Manhole 30 EA @ $4,575 = $137,250 Subtotal $1,453,250 Water Svstem Improvements Water Main Pipe (8" PVC) 7000 LF @ $94 = $658,000 Gate Valves (8") 50 EA @ $1,852 = $92,600 Fire Hydrant Assembly w/ valves 10 EA @ $6,430 = $64,300 Subtotal $814,900 Offsite Roadways 10" Full Depth Asphalt (CR 22) 12500 SY $406,250 Striping $15,000 Subtotal $421,250 Total $2,689,400 Engineering $900,000 Project Total $21,717,618 EXHIBIT E Matrix of Ownership and Maintenance Public Infrastructure Skyview Meadows Metropolitan District Description Constructed By Ownership Maintenance Neighborhood Park Metro District Town of Firestone Town of Firestone Pocket Parks Metro District HOA HOA Storm Metro District Town of Firestone Town of Firestone Sanitary Metro District Town of Firestone Town of Firestone Water Metro District Town of Firestone Town of Firestone Roads Metro District Town of Firestone Town of Firestone E-1 5kyview Meadows Metropolitan District Limped Tax General 0hligatlon Bonds Rai Canaclty DISTRICT REVENUE SUMMARY •- � -! F56,300,000 � SERIES 2019 BONDS ••_-- �•_�� Si5,fi1A,000 SERIES 2023 BONGS a Year Assessed Mill Property Tax 50 Tax' Collection Net Property CAPI DSRF Interest Net Surplus/ CAPI DSRF Interest Net Total Surplus/ Completed Collection Value Levy Revenue Fees' Tar Revenues Princii Coupon Interest Fund Earnings' Debt Service Coverage QDeficitl Principal Coupon Interest Fund Earnings' Debt Service Coverage {Deficit) 202D - 50.00 - - - - - 390,417 (380,417) 13,9C5) (3,905) 3,905 2019 2021 1,630,358 50.00 81,518 4,076 11,712) 83,992 - 456,500 (456,5001 (3,905) (3,905) 87,788 2020 2022 3,260,736 50.00 163,037 8,152 13,424) 167,765 - 456,500 (456,530) 13.905) (3,9051 171,670 - 2021 2023 6,554,079 50.00 327,704 15,385 16,892) 337,207 - 456,500 (3,905) 452,595 0.75 (115,387) - 2022 2024 10,142,519 SC.00 507,126 25,356 (10,650) 521,833 - 456,500 (3,905) 452,595 1.15 69,238 - 780,500 (780,500) (6,838) (6,a3R1 -76.32 529,670 2023 2025 13,502,059 50.00 675,103 33,7S5 (14,177) 694,681 - 456,500 (3,305) 452,595 1.53 242,D86 - 780,500 (6,939) 773,562 0,90 174,991) 2024 2026 17,435,276 50.00 871,764 43,598 (19,307) 897,045 - 455,500 (3,9u5) 452,595 1.9R 444,450 - 780,500 (6,R38) 773,667 L16 123,381 2025 2027 10,862,343 50.00 1,043,117 52,156 (21,905) 1,073,368 75,000 5.500% 456,500 (3,905) 527,595 2.03 545,773 75,000 5.OD0% 700.500 (6,R38) 848,667 1,26 224,705 2026 2028 21,1 50.00 1,084,842 54,242 (22,7921 1,116,102 105,000 5.500% 452.375 (3,905) 553,470 2.02 562,832 115,000 5.000% 775,750 (6,1338) 854,912 1,26 231.390 2027 2025 21,696,am soma 1,084,942 54,247 (22,7R2) 1,116,102 110,000 5 5001 446,600 (3,9051 552,695 2.07 563,607 120,000 5.090% 771,000 (1 894,162 1,26 232,140 2028 2D3D 27,SR4,716 50.00 1.128,235 56.412 (23,693) 1,160,954 135.000 5.500% 440,550 (3,905) 571,645 2.03 589,3I0 160,000 5.000% 765,000 (6,838) 918,162 1.26 242,792 2029 2➢31 27,564,710 5C.00 1,128,235 55.412 (23,693) 1,160,954 145,000 5.500% 433,125 (3,905) 574.220 2.02 586.735 170,000 5.000% 757,000 (6,838) 920,162 1.26 240,792 2(m 2032 23,467,298 50.00 2,173.365 58.668 (24,641) 1,207,392 175,000 5.500% 425,150 (3,905) 596.245 2.02 611,148 215,000 5.000% 749,500 (6,838) 956,562 1.25 250,730 2031 2D33 23,457,298 5C.00 1,173.365 59.668 (24,641) 1,207,392 185,000 5.500% 415,525 (3,905) 596.620 2.02 610,773 225,000 5.000% 737,7SO (6,838) 955,912 1.25 251,480 2032 2034 24,405,990 5C.00 1,220,299 61,015 (25,626) 1,255,688 220,000 5.500% 405,350 (3,905) 621,445 2.02 634,243 275,000 5.000% 726,500 (6,838) 994,662 1.25 261,025 2033 2D35 24,405,990 50.00 1,220,299 61,015 (25,626) 1,255,688 230,000 5.500% 393,250 (3,905) 619,345 2.03 636,343 290,000 5.000% 712.750 (6,838) 995,912 1.25 259,776 2034 2035 25,3112,230 50.00 1,769,111 1 (26,651) 1,305,916 270.000 5.500% 380,60C (3,905) 646.695 2.02 659,221 345,000 5.001 699.250 (6,838) 1,036,412 1.26 269,503 2035 2037 25,3R2,230 50.00 1,269,111 63,456 (26,651) 1,305.516 285,000 5.500% 365.750 (3,905) 646.845 2.02 659,071 360,000 5-000% 681.000 (6.838) 1,034,162 I.26 271,753 2035 2039 26,397,519 50,DC 1,319.876 55,994 (27,717) 1,358,152 325,000 5.500% 350.075 (3,905) 671,170 2.07 686,983 420,000 5-000% 663.000 (6,838) 1.C76,162 I.26 281,990 2037 2039 76,397,519 50.00 1,319,876 55,994 (27,7I7) 1,358,152 345,000 5.50096 332,200 (3,9051 673,295 2.07 684,958 440,000 5.000% 1 (6,838) 1,075,162 1.26 222,990 2C38 2C40 27,453,419 50.00 1,372,671 69,634 (28,826) 1,412,478 390,000 5.50094 313,225 (3,905) 699,320 2.02 713,159 505,000 5.00096 1 (6,838) 1,118,162 1.25 294,315 2039 2041 27,453,419 50.00 1,372,671 58,634 (28,926) 1,412,478 410,000 5.500% 291,775 (3,905) 697,870 2.02 714,5C9 530,000 S.DOC% 594,750 (6,839) 1,117,912 1.26 294,565 2040 2042 28,551,556 50.00 1,427,578 71,379 129,979) 1,41 450,DDC 5.500% 269,225 (3,905) 725,320 2.03 743,658 1 5.000% 568,250 (6,839) 1,166,412 1.26 302,565 2041 ZC43 28,551,556 50.00 1,427,578 71,379 (29,979) 1,468,978 490,000 5.500% 243,925 (3,9051 730,020 2.01 738,958 635,000 5.000% 538,000 (6,838) 1,166,162 1.26 302,815 2042 2C44 29,593,619 50.00 1,494,681 74,234 (31,179) 1,527,737 545,000 5.500% 216,975 (3,905) 752,070 2.02 769,667 715,000 5.000% 506,250 (6,838) 1,214,412 1.26 313.324 2043 2045 29,593,519 50.00 1,4134,681 74,234 (31,178) 1,527,737 575,000 5.500% 187,000 13,905) 758,095 2.02 769,642 75C,000 5.000% 470,500 (6,838) 1,213,662 1.26 314,074 2044 204E 30,821,363 50.00 1,544,068 77,203 (32,425) 1,589,846 635,000 5.500% 155,375 (3,905) 71 2.02 802,376 835,000 5.00096 433,000 (6,838) 1,261,162 1.26 327,684 2045 2047 30,881,363 50.00 1,544,068 77,203 (32,425) 1,588,346 670,000 5.SOD% 120,450 (3,905) 71 2.02 802,301 875,000 5.000% 391,25D (6,838) 1,259,412 1.25 3211,434 2046 2048 32,116,618 50.00 1,605,831 80,292 (33,722) 1,652,400 741 5-S00% 53.600 (3.905} 819.695 2.02 832,705 971 5.000% 347,500 (6,838} 1,310,562 1.25 341.738 2047 2049 32,111 51 1,605631 80,292 (33,772) 1,657,400 78C.000 5.500% 42.900 13.905) 818.995 2.02 833,405 1,021 5.000% 299,000 (6,838) 1,312.162 1.25 340.238 2048 205C 33.401.283 50.00 1.670,064 83,503 (35,071) 1,718,495 1,125,000 5.D00% 248,000 (6,838) 1,366,162 1.26 352,334 2049 2n51 33.41 50.00 1.670,064 83,503 (35,071) 1,718,496 1,18C,000 5.000% 191,75C (6,838) 1,364,912 1.26 353,584 2050 2057 34,737,334 5171,00 1,736,861 86,843 (36,474) 1,797,236 1,295,000 5.000% 132,750 {6,838} 1,420,912 1.26 366,323 2051 2053 34,737,334 50.00 1.736,867 86,843 (36,474) 1,797,236 1 1 1,350.000 5.000% 58.000 {6,838} 1.421,262 1.26 366,073 Total: 8,300,DOC 10,340,917-1,793,417 -117,157 17,230,343 15,610,ODO 17,210,500-205,128 31,934,972 N rites: j II Estimated 50 TI, : 5.00% (2( Estl mated Collection Fees: 2,00% (3)Estlmate lnt farnln8s. n.50% 'series 2oig: - -"` Series 2023t TOTAL 1Par Amount 8.300,00D Par Amount 15,610,000 Par Amount 23,910,000 :Net Proceeds 5,959,539 Nov, Prnje,l Funds 5,320,996 Total Net Proceeds 11,280,535 (DSRF-Requirement 71 Refunding DepnsR 8,694, 250 jCalla61eat Lai on1211f2023 _DSRF-Requirement 1,367,521 , Nolen, Prellmlrwry end svblon to the nae: Interest rate assumptions are based on portent market nndltlorts and sim liar credlts:lswefs utwl recalls may dlRer, and Still maFcs no commNment to vndervnite al lFese krNs: and pvsls of issuance all vndervmterr dlmw ns arc estimatn For discussion wsposn. Skyview Meadows Metropolitan District Limited Tax General Obligation Bonds Assessed Valuation rear Completed Celleaion Anticipated Average No of units Sales Price Sold Per Year Market Value Sold Anticipated Average No of units Sales Prlre Sold Per Year Market Valve Sold AOHcipated Average No of units Sales Pnce Sold Per Year Market Value Sald Anticpated Average No of units Sales Price Sold per Year Market Value Sold Market Value of New Consl, Actual Value of New Const"I Beginning Actual Value Biennial Reassmentltl Ending Assessed Market Value Valued" 207P 2n19 2021 2020 2022 412,000 36 14,832,000 473,000 18 8,514,000 593,000 27 16,011,000 659,000 9 5,931,000 45,288,000 45.288,000 - - 45,288,000 3,260,73E 2021 2023 416,120 36 34,980,320 477,730 18 El598,930 27 16,171,110 665,590 9 5,990,310 45,740,300 45,740,880 45,238,000 - 91,028,88C 6, 554,079 2022 2024 420,281 35 15,130,121 482,507 18 8,685,131 604,919 27 16,332,821 672,246 9 6,050,213 45,198,289 46,198,289 91,029.880 3,641,155 140,868,324 10,142,519 2023 2025 424,484 36 25,281,424 437,332 1n 9,771,923 610.965 27 15,496,149 673,969 9 6,110,71S 46,660,272 46,660,272 140,868,324 - 187.528.59E 13,502,059 2024 1026 428,729 36 15,434,139 492,20E 18 3,859,703 617,078 27 16.661.111 685,758 9 6,171,822 47,126,874 47,126,874 187,528,596 7,5C1,144 242,156,614 17,435,27E 2025 2027 433,01E 35 15,588,591 497,128 18 8,948,30C 623,249 27 16.827,722 692,616 9 6,233,541 47,598,143 47,598,143 242,156,614 - 289,754,757 20,962,343 2026 2020 - - 289,754,757 11,590,190 301,344,947 21,696,93E 2027 2029 - - 301,344,947 - 301,344,947 21,696,836 2020 2030 - - 301,344,947 12,053,799 313,398,745 22,564,710 2029 2032 - - 313,399.745 - 313,399,745 22,564,710 2030 ZC32 - - 113,399,745 12,535,950 325,934,695 23,467,292 2031 2033 - - 325,934,695 - 125,934,695 23,467,298 2032 2034 - - 325,934,695 23,037,383 338,972,093 24,405.990 2033 2035 - - 338,972,083 - 338,972,083 24,405,990 2034 203E - - 338,972,093 13,558,883 352,530,96E 25,382,230 2035 2037 - - 352.530,956 - 352,530,966 25,382,230 203E 2018 - - 352,530,966 14,101,239 366,632,205 26,397,519 2037 2039 - - 365,632,205 - 366,632,205 26,397,519 2030 2040 - - 366,632.205 14.665,288 381,297,493 27,453,419 2039 2041 - 381,297,493 - 381,297,493 27,453,419 2040 2042 - 381,297,493 15,251,900 396.549.393 28,551,556 2041 2043 - 396,549,393 - 396,549,393 28,553,556 2042 2044 - - 396,549,393 15,863,976 412,411,160 29,693,619 2043 2045 - - 412,411,368 - 412,431,368 29,693,619 2044 204E - - 412,411,368 16,496,455 428,907,623 30,881,363 2045 2047 - - 429,907,823 - 428,907,823 30,881,363 204E 2040 - - 425.907,823 17,155,313 446,064,136 32,116,618 2047 2049 - - 445.064,136 - 446.054,136 32,116,618 2040 2050 - 445,064,136 17,342,565 463.906,702 33,401,283 2049 2051 - - 463,906,702 - 453,906,702 33,40%283 2050 2032 - - 463,906.702 18,556,268 482,452,970 34,717,334 205I 2053 1 1 1 1 482,462,970 482,462,970 34,737,134 ia[an Notes- {1)NomePrlceln0atlon 1% (2) Biennial Reassessment 4% {3)Anual Va[ua of Safe Price 100% (4) Residential Reassessment Ratio 7.20% Year Sold Anticipated Average Sales Price Model type 1 6 412,000 Model type 2 6 473,000 Model type 3 6 593,000 Model Type 4 6 659,000 No of units sold per year 36 18 27 9 Home sales are anticipated to commence in 2020 and full build out is expected by the end of 2026 Estimates based off the assumption that 40% of our sales will be our lowest price point product (Model 1) We are capping ranch sales at 1/5, or 20% of total lots due to lower margin point (Model 2) 30% of sales is assumed to be Model 3 10% of sales will be model 4 General Information Exclusion Disclosure Stifel, Nicolaus & Company, Incorporated ("Stifel") has prepared the attached materials. Such material consists of factual or general information (as defined in the SEC's Municipal Advisor Rule). Stifel is not hereby providing a municipal entity or obligated person with any advice or making any recommendation as to action concerning the structure, timing or terms of any issuance of municipal securities or municipal financial products. To the extent that Stifel provides any alternatives, options, calculations or examples in the attached information, such information is not intended to express any view that the municipal entity or obligated person could achieve particular results in any municipal securities transaction, and those alternatives, options, calculations or examples do not constitute a recommendation that any municipal issuer or obligated person should effect any municipal securities transaction. Stifel is acting in its own interests, is not acting as your municipal advisor and does not owe a fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934, as amended, to the municipal entity or obligated party with respect to the information and materials contained in this communication. Stifel is providing information and is declaring to the proposed municipal issuer and any obligated person that it has done so within the regulatory framework of MSRB Rule G-23 as an underwriter (by definition also including the role of placement agent) and not as a financial advisor, as defined therein, with respect to the referenced proposed issuance of municipal securities. The primary role of Stifel, as an underwriter, is to purchase securities for resale to investors in an arm's- length commercial transaction. Serving in the role of underwriter, Stifel has financial and other interests that differ from those of the issuer. The issuer should consult with its' own financial and/or municipal, legal, accounting, tax and other advisors, as applicable, to the extent it deems appropriate. These materials have been prepared by Stifel for the client or potential client to whom such materials are directly addressed and delivered for discussion purposes only. All terms and conditions are subject to further discussion and negotiation. Stifel does not express any view as to whether financing options presented in these materials are achievable or will be available at the time of any contemplated transaction. These materials do not constitute an offer or solicitation to sell or purchase any securities and are not a commitment by Stifel to provide or arrange any financing for any transaction or to purchase any security in connection therewith and may not relied upon as an indication that such an offer will be provided in the future. Where indicated, this presentation may contain information derived from sources other than Stifel. While we believe such information to be accurate and complete, Stifel does not guarantee the accuracy of this information. This material is based on information currently uciary duty pursuant to Section 15B of the Securities Exchange Act of 1934, as amended, to the municipal entity or obligated party with respect to the information and materials contained in this communication. EXHIBIT G Form of Disclosure Special Taxing District. The property is located within the boundaries of the Skyview Meadows Metropolitan District, a special taxing district (the "District"). The District has issued or expects to issue bonds that are paid by revenues produced from annual tax levies on the taxable property within the District. The buyer should investigate the financing plans of the District, proposed or existing mill levies of the District servicing such indebtedness, and the potential for an increase in such mill levies. G-1 EXHIBIT H Board of Trustees' Certified Resolution of Approval of Service flan H-1 EXHIBIT I Organizational Election Draft Ballot 9• $ OFFICIAL BALLOT FOR SKYVIEW MEADOWS METROPOLITAN DISTRICT NOVEMBER 5, 2019 Designated Election Official WARNING /? Any person who, by use of force or other means, undulyfinfluences an eligible elector to vote in any particular manner or to refrain from voting, or who falsely makes, alters,, forges, or counterfeits any mail ballot before or after it has been cast, or who destroys, defaces mutilates, or tampers with a ballot is subject, upon conviction, to imprisonment, or to a fine, or both. §1-115-1105(4)(b)„C.R;S. Refer to the ballot instructions for complete information on voting. Review youi,ballot. To vote, place crossmark (X) at the right of the name of each candidate'of your choice and in theappropriate box directly following each ballot question and ballot issue. SKYVIEW MEADOWS METROPOLITAWDISTRICT BALLOT QUESTION A Shall Skyview Meadows Metropolitan District, Cty of Weld, S at tf Colorado, be organized? YES ❑ I Vote for not morThree (3) Directors to,serve.until the second reguf r election in May, 2022: \Daniel A. Martin ❑ Dan Mart .� ❑ Benjamin James.Chernngton ❑ Vote for not more than Two (2) Directors to serve until the next regular election in May, 2020: Michael Wollner r Brian Hassel ❑ SKYVIEW MEADOWS METROPOLITAN DISTRICT BALLOT ISSUE B (OPERATIONS AND MAINTENANCE MILL LEVY) SHALL SKYVIEW MEADOWS METROPOLITAN DISTRICT TAXES BE INCREASED $350,000 ANNUALLY (FIRST FULL FISCAL YEAR INCREASE) OR SUCH OTHER ANNUAL AMOUNT AS NECESSARY TO PAY THE DISTRICT'S ADMINISTRATION, OPERATIONS, MAINTENANCE, CAPITAL IMPROVEMENT AND OTHER EXPENSES WITHOUT LIMITATION, BY THE IMPOSITION OF AD VALOREM PROPERTY TAXES LEVIED IN ANY YEAR, AT A RATE NOT IN EXCESS OF THE MILL LEVY RATE LIMITATION, IF ANY, CONTAINED IN THE DISTRICT'S SERVICE PLAN, AS THE SAME MAY BE MODIFIED FROM TIME TO TIME, AND SHALL THE PROCEEDS OF SUCH TAXES AND ANY INVESTMENT INCOME THEREON BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT IN FISCAL YEAR 2020 AND IN EACH FISCAL YEAR THEREAFTER, SUCH AUTHORIZATION TO CONSTITUTE A VOTER -APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, RETENTION, REVENUE -RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT? / 'IEW MEADOWS METROPOLITAN DISTRICT BALLOT ISSUE (WATER) SHALL SKYVIEW MEADOWS METROPOLITAN DISTRICT DEBT BE INCREASED $24,000,000, WITH A TOTAL REPAYMENT COST OF/$139,200,000 bR'SUCH/LESSER AMOUNT: AS MAY BE NECESSARY, AND SHALL SKYVIEW`MEADOWS METROPOLITAN DISTRICT TAXES/BE INCREASED $26,880,000 ANNUALLY OR SUCH LESSER`AMOUNT AS MAY BE NECESSARY TO PAY THE DISTRICT'S DEBT; SUCH DEBT TO CONSIST'OF GENERAL�OBLIGATION BONDS, REVENUE BONDS, OR OTHER OBLIGATIONS, INCLUDING­CONTRACTS,.AND OBLIGATIONS SECURED BY DEEDS OF TRUST, LIENS;' AND OTHER ENCUMBRANCES ON DISTRICT REAL AND PERSONAL PROPERTY, ISSUED OR INCURRED FOR THE RURPO`SE.OF PAYING;. LEASING, REIMBURSING, OR FINANCING ALL OR`/ANY'PART-,OE,,,THE COSTS,,OF�DESIGNING, ACQUIRING, CONSTRUCTING, RELOCATING, INSTALLING, COMPLETING AND OTHERWISE \PROVIDING, WITHIN OR WITHOUT THE BOUNDARIES OF -,,THE DISTRICT, POTABLE AND NONPOTABLE WATER DISTRIBUTION SYSTEMS, INCLUDING W1THO.UTfLIM.ITATION WATER RIGHTS, WATER COLLECTION, STORAGE, TREATMENT AND -DISTRIBUTION,, --IRRIGATION SAND RELATED FACILITIES AND SYSTEMS, TOGETHER WITH ALL NECESSARY, INCIDENTAL AND APPURTENANT FACILITIES, LAND AND EASEMENTS, AND ALL`EXTENSION&OF AND IMPROVEMENTS TO SUCH FACILITIES, SUCH DEBT TO BEAR INTEREST AT A'-MAXIMUM,NET EFFECTIVE INTEREST RATE NOT TO EXCEED 12% PER ANNUM, SUCH INTEREST �TO*BE PAYABLE AT SUCH TIME OR TIMES, AND SUCH DEBT TO MATURE, BL.SUB,IECT TO REDEMPTION WITH OR WITHOUT PREMIUM NOT IN EXCESS OF 5% OF THE PRINCIPAL AMOUNT BEING REDEEMED, AND BE ISSUED AND SOLD AT ABOVE OR BELOW PAR, SUCH DEBT�TO,BE ISSUED OR INCURRED AT ONE TIME OR FROM TIME TO TIME, TO BE PAID FROM ANY LEGALLY AVAILABLE REVENUES OF THE DISTRICT, INCLUDING, WITHOUT LIMITATION, THE PROCEEDS OF AD VALOREM PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN AD VALOREM MILL LEVY IMPOSED ON ALL TAXABLE PROPERTY OF THE DISTRICT TO BE LEVIED IN ANY YEAR AT A,RATE NOT IN EXCESS OF THE MILL LEVY RATE LIMITATION, IF ANY, CONTAINED IN THE DISTRICT'S SERVICE PLAN, AS THE SAME MAY BE MODIFIED FROM TIME TO TIME, AND IN AMOUNTS SUFFICIENT TO PRODUCE THE ANNUAL INCREASE SET FORTH ABOVE OR SUCH LESSER AMOUNT AS MAY BE NECESSARY, TO BE USED SOLELY FOR THE PURPOSE OF PAYING THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON THE DISTRICT'S DEBT; AND SHALL THE PROCEEDS OF ANY SUCH DEBT AND THE PROCEEDS OF SUCH TAXES, ANY OTHER REVENUE USED TO PAY SUCH DEBT, AND INVESTMENT INCOME THEREON, BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT IN FISCAL YEAR 2020 AND IN EACH FISCAL YEAR THEREAFTER, SUCH AUTHORIZATION TO CONSTITUTE A VOTER -APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, RETENTION, REVENUE -RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT? SKYVIEW MEADOWS METROPOLITAN DISTRICT BALLOT ISSUE D: (SANITATION/DRAINAGE) SHALL SKYVIEW MEADOWS METROPOLITAN DISTRICT DEBT BE INCREASED $24,000,000, WITH A TOTAL REPAYMENT COST OF $139,200,000 OR SUCH LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL SKYVIEW MEADOWS METROPOLITAN DISTRICT TAXES BE INCREASED $26,880,000 ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE PAYMENT OF SUCH DEBT; SUCH DEBT TO CONSIST OF GENERAL OBLIGATION BONDS, REVENUE BONDS, OR OTHER OBLIGATIONS, INCLUDING CONTRACTS AND OBLIGATIONS SECURED BY DEEDS OF TRUST, LIENS, AND OTHER ENCUMBRANCES ON DISTRICT, REAL AND PERSONAL PROPERTY, ISSUED OR INCURRED FOR THE PURPOSE OF PAYING, LEASING, FINANCING OR REIMBURSING ALL OR ANY PART OF THE COSTS OF DESIGNING, ACQUIRING, CONSTRUCTING, RELOCATING, INSTALLING, COMPLETING AND OTHERWISE PROVIDING,\WITHIN OR WITHOUT THE BOUNDARIES OF THE DISTRICT, A SANITATION;SYSTEM WHICH.*MAY CONSIST OF STORM SEWERS, FLOOD AND SURFACE DRAINAGE, ,WAST-EWATER COLLECTION, TREATMENT AND DISPOSAL WORKS AND FACILITIES, AND ALL NECESSARY OR V,1 OPER EQUIPMENT AND APPURTENANCES INCIDENT THERETO, INCLUDING BUT NOT LIMITED-TO,,hCOLLECTION MAINS AND LATERALS, TRANSMISSION LINES, CANALS, DETENTION/RETENTION PONDS, BOX CULVERTS AND ASSOCIATED DRAINAGE FACILITIES�EQUIPNIE�NT, LAND AND EASEMENTS, AND EXTENSIONS OF AND IMPROVEMENTS,TO SUCH FACILITIES, SUCH DEBT TO BEAR INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RAVE NOT TO EXCEED 12% PER ANNUM, SUCH INTEREST TO BE PAYABLE AT SUCH TIME OR TIMES -,AND SUCH DEBT TO MATURE, BE SUBJECT TO REDEMPTION WITH OR WITHOUT PREMIUM•NOT'IN EXCESS 6F,5% OF THE PRINCIPAL AMOUNT BEING REDEEMED, AND BE ISSUED AND'SOLD-AT`ABOVE OR BELOW PAR, SUCH DEBT TO BE ISSUED OR INCURRED AT=ONE,TIME OR 'FROM TIME TO­TIME,\TO\BE PAID FROM ANY LEGALLY AVAILABLE REVENUES/OF THE DISTRICT, {NCL.UDING, WITHOUT LIMITATION, THE PROCEEDS OF AD VALOREM PROPERTY TAXES; SUCH TAXES-TO,,CONSIST'OF AN AD VALOREM MILL LEVY IMPOSED ON ALL TAXABLE PROPERTY OF THE DISTRICT TO BE LEVIED IN ANY YEAR AT A RATE NOT IN EXCESS OF THE MILL LEVY RATE LIMITATION, IF ANY, CONTAINED IN THE DISTRICT'S SERVICE PLAN,. AS THE'ISAME�MAY"-BE MODIFIED* FROM TIME TO TIME, AND IN AMOUNTS SUFFICIENT TO PRODUCE -THE ANNUAL -INCREASE SET FORTH ABOVE OR SUCH LESSER AMOUNT AS MAY =BE NECESSARY'., TO BE -USED, SOLELY FOR THE PURPOSE OF PAYING THE PRfNCIPALOF, PREMM fU�IF ANY., AND INTERES ON THE DISTRICT'S DEBT; AND SHALL THE PROCEEDS.OF ANY SUCH DEBT AND THE PROCEEDS OF SUCH TAXES, ANY OTHER REVENUE USED TO, ,AY�SUCH DEBT,AND INVESTMENT INCOME THEREON, BE COLLECTED, RETAINED AND SPENT�BY�THE DISTRICT IN FISCAL YEAR 2020 AND IN EACH FISCAL YEAR THEREAFTER, SUCH AUTHORIZATION TO CQNSTITUTE''A VOTER -APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY\SPENDING, {,RETENTION, REVENUE -RAISING, OR OTHER LIMITATION IN. CONTAINED WITHARTICLE X,)SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW, AND WITHOUT*LIMIT.ING'�IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINEb,AND SPENT BY THE DISTRICT? SKYVIEW MEADOWS METROPOLITAN DISTRICT BALLOT ISSUE E (STREETS) SHALL SKYVIEW MEADOWS METROPOLITAN DISTRICT DEBT BE INCREASED $24,000,000, WITH A REPAYMENT COST OF $139,200,000 OR SUCH LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL SKYVIEW MEADOWS METROPOLITAN DISTRICT TAXES BE INCREASED $26,880,000 ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE PAYMENT OF SUCH DEBT; SUCH DEBT TO CONSIST OF GENERAL OBLIGATION BONDS, REVENUE BONDS, OR OTHER OBLIGATIONS, INCLUDING CONTRACTS AND OBLIGATIONS SECURED BY DEEDS OF TRUST, LIENS, AND OTHER ENCUMBRANCES ON DISTRICT REAL AND PERSONAL PROPERTY, ISSUED OR INCURRED FOR THE PURPOSE OF PAYING, LEASING, FINANCING OR REIMBURSING ALL OR ANY PART OF THE COSTS OF DESIGNING, ACQUIRING, CONSTRUCTING, RELOCATING, INSTALLING, COMPLETING AND OTHERWISE PROVIDING, WITHIN OR WITHOUT THE BOUNDARIES OF THE DISTRICT, A SYSTEM OF STREETS, ROADWAYS AND PARKING FACILITIES INCLUDING WITHOUT LIMITATION GRADING, ROADWAY IMPROVEMENTS, PAVING, CURBS, GUTTER, DRAINAGE SYSTEMS, UTILITY CONDUITS, LIGHTING, SIGNALIZATION, MONUMENTATION, LANDSCAPING, IRRIGATION, AND RELATED HARDSCAPE, TOGETHER WITH ALL NECESSARY, INCIDENTAL AND APPURTENANT FACILITIES, LAND AND EASEMENTS, AND ALL EXTENSION AND IMPROVEMENTS TO SUCH FACILITIES, SUCH DEBT TO BEAR INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED 12% PER ANNUM, SUCH INTEREST TO BE PAYABLE AT SUCH TIME OR TIMES, AND SUCH DEBT TO MATURE, BE SUBJECT TO REDEMPTION WITH OR WITHOUT PREMIUM NOT IN EXCESS OF 5% OF THE PRINCIPAL AMOUNT BEING REDEEMED, AND BE ISSUED AND SOLD AT ABOVE OR' -BELOW PAR, SUCH DEBT TO BE ISSUED OR INCURRED AT ONE TIME OR FROM TIME TO TIME, TO BE PAID FROM ANY LEGALLY AVAILABLE REVENUES OF THE DISTRICT, INCLUDING, WITHOUT LIMITATION, THE PROCEEDS OF AD VALOREM PROPERTY TAXES; SUCH TAXES TO CONSIST�OF AN AD VALOREM MILL LEVY IMPOSED ON ALL TAXABLE PROPERTY OF THE DISTRI& T&B`E LEVIED IN ANY YEAR AT A RATE NOT IN EXCESS OF THE MILL LEVY RATE LIMITATION -IF ANYtCONTAINED IN THE DISTRICT'S SERVICE PLAN, AS THE SAME MAY BE MODIFIED/FROM TIME,TO�JIME, AND IN AMOUNTS SUFFICIENT TO PRODUCE THE ANNUAL INCREASE SET FORTH`ABOVE OR SUCH LESSER AMOUNT AS MAY BE NECESSARY, TO BE USED.TSOLELY FOR THE PURPOSE OF PAYING THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST`ON THE DISTRICT'S DEBT; AND SHALL THE PROCEEDS OF ANY SUCH DEBT AND THE PROCEEDS OF,SUCH TAXES, ANY OTHER REVENUE USED TO PAY SUCH DEBT, AND INVESTMENT INCOIVIEuTHEREON, BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT IN FISCAL YEAR 2020 AND IN EACH FISCAL YEAR THEREAFTER, SUCH AUTHORIZATION TO CONSTITUTE AIVOTER-APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, RET,ENTION,-'REVENUE-RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF -THE COLORAD6CONSTITUTION OR ANY OTHER LAW, AND WITHOUT LIMITING,IN ANY YEAR' ,,THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT?, (SAFETY PROTECTION) SHALL SKYVIEW MEADOWS,METROPOLITAN,DISTRICT DEBT BE INCREASED $24,000,000, WITH A REPAYMENT COST OF $139;200;000 OR SUCH' LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL"SKYVIEW MEADOWS METROPOLITAN,DISTRICT TAXES BE INCREASED $26,880,000 ANNUALLY;�,OR BY SUCH, LESSER ANNUAL AMOUNT AS MAY BE NECESSARY TO PAY THE DISTRICT'S DEBT: SUCH DEBT T6�C6NSIST OF GENERAL OBLIGATION BONDS, REVENUE BONDS, OROTHER OBLIGATIONS, INCLUDING CONTRACTS AND OBLIGATIONS SECURED BY DEEDS OF TRUST; LIENS, AND OTHER ENCUMBRANCES ON DISTRICT REAL AND PERSONAL PROPERTY, ISSUEDOR INCURRED FORTHE PURPOSE OF PAYING, LEASING, REIMBURSING, OR FINANCING ALL OR�ANY PART OF,THE COSTS OF ACQUIRING, CONSTRUCTING, RELOCATING, INSTALLING, COMPLETING,AND OTHERWISE PROVIDING, WITHIN OR WITHOUT THE BOUNDARIES OF THE DISTRICT,; A SYSTEM OF TRAFFIC AND SAFETY CONTROLS AND DEVICES ON STREETS AND HIGHWAYSAND AT RAILROAD CROSSINGS, INCLUDING BUT NOT LIMITED TO SIGNAGE, TRAFFIC CONTROL MEASURES, TRAFFIC SIGNALS, TOGETHER WITH ALL NECESSARY, INCIDENTAL, AND APPURTENANT FACILITIES, EQUIPMENT, LAND, AND EASEMENTS, AND EXTENSIONS OF AND IMPROVEMENTS TO SAID FACILITIES, SUCH DEBT TO BEAR INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED 12% PER ANNUM, SUCH INTEREST TO BE PAYABLE AT SUCH TIME OR TIMES, AND SUCH DEBT TO MATURE, BE SUBJECT TO REDEMPTION WITH OR WITHOUT PREMIUM NOT IN EXCESS OF 5% OF THE PRINCIPAL AMOUNT BEING REDEEMED, AND BE ISSUED AND SOLD AT ABOVE OR BELOW PAR, SUCH DEBT TO BE ISSUED OR INCURRED AT ONE TIME OR FROM TIME TO TIME, TO BE PAID FROM ANY LEGALLY AVAILABLE REVENUES OF THE DISTRICT, INCLUDING, WITHOUT LIMITATION, THE PROCEEDS OF AD VALOREM PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN AD VALOREM MILL LEVY IMPOSED ON ALL TAXABLE PROPERTY OF THE DISTRICT TO BE LEVIED IN ANY YEAR AT A RATE NOT IN EXCESS OF THE MILL LEVY RATE LIMITATION, IF ANY, CONTAINED IN THE DISTRICT'S SERVICE PLAN, AS THE SAME MAY BE MODIFIED FROM TIME TO TIME, AND IN AMOUNTS SUFFICIENT TO PRODUCE THE ANNUAL INCREASE SET FORTH ABOVE OR SUCH LESSER AMOUNT AS MAY BE NECESSARY, TO BE USED SOLELY FOR THE PURPOSE OF PAYING THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON THE. DISTRICT'S DEBT; AND SHALL THE PROCEEDS OF ANY SUCH DEBT AND THE PROCEEDS OF SUCH TAXES, ANY OTHER REVENUE USED TO PAY SUCH DEBT, AND INVESTMENT INCOME THEREON, BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT IN FISCAL YEAR 2020 AND IN EACH FISCAL YEAR THEREAFTER, SUCH AUTHORIZATION TO CONSTITUTE A VOTER -APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, RETENTION, REVENUE -RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT? SKYVIEW MEADOWS METROPOLITAN DISTRICT BALLOT ISSUE G (PARKS AND RECREATION) SHALL SKYVIEW MEADOWS METROPOLITAN DISTR CT DEBT BE'INCREASED $24,000,000, WITH A REPAYMENT COST OF $139,200,000 OR SUCH LESSER AMOUNT AS�MAY BE NECESSARY, AND SHALL SKYVIEW MEADOWS METROPOLITAN DISTRICT TAXES BENINCREASED $26,880,000 ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE -PAYMENT OF SUCH DEBT; SUCH DEBT TO CONSIST OF GENERAL OBLIGATION BONDS, REVENUE 60,NDS, OR OTHER OBLIGATIONS, INCLUDING CONTRACTS AND OBLIGATIONS/SECURED BY DEEDS OF TRUST, LIENS, AND OTHER ENCUMBRANCES ON,DISTRICT REAL AND PERSONAL PROPERTY, ISSUED OR INCURRED FOR THE PURPOSE OF P,AYING, LEASING;�FINANCING OR REIMBURSING ALL OR ANY PART OF THE COSTS OF DESIGNING�-ACQUIRING,\CONSTRUCTING, RELOCATING, INSTALLING, COMPLETING AND OTHERWISE, 'PROVIDING,'\WITHIN OR WITHOUT THE BOUNDARIES OF THE DISTRICT, PARKS AND RECREATIONAL FACILITIES, IMPROVEMENTS AND PROGRAMS, INCLUDING BUT NOT LIMITED T\0 PARKS, BIKE PATHS AND PEDESTRIAN WAYS, FENCING, BRIDGES; TRAILS, FIEI_b , COURTS;P,L/YGROtJNDS�OPEN SPACE, COMMON AREAS, COMMUNITY CENTERS\ OUTDOOR LIGHTING, /EVENT FACILITIES, ART AND CULTURAL ACTIVITIES, IRRIGATION I ACILITIES� WATER BODIES, PUBLIC FOUNTAINS AND SCULPTURES, LANDSCAPING, HARDSCAPESIGNAGE, O ENTRAND ARCHITECTURAL FEATURES, WEED CONTROL;IWETLANDS MITIGATION AN,D'MONITORING, AND OTHER ACTIVE AND PASSIVE RECREATIONAL FACIL'ITIES,�,N\IMPROVEMENTS-,,AND PROGRAMS, TOGETHER WITH ALL NECESSARY, INCIDENTAL ANDrAPPURTENANT FACILITIES, EQUIPMENT, LAND, EASEMENTS AND EXTENSIONS OF rAND-,,IMPROVEMENTS TO SUCH FACILITIES, SUCH DEBT TO BEAR INTERESTrA ,A MAXIMUM NET�,EFFECTIVE INTEREST RATE NOT TO EXCEED 12% PER ANNUM, SUCH INTERESTTO BE PAYABLE AT SUCH TIME OR TIMES, AND SUCH DEBT TO MATURE, BE SUBJECT TO REDEMPTION WITH OR WITHOUT PREMIUM NOT IN EXCESS OF 5% OF THE l PRINCIPAL AMOUNT,BEING REDEEMED, AND BE ISSUED AND SOLD AT ABOVE OR BELOW PAR, SUCH DEBT TO BE,ISSUED OR INCURRED AT ONE TIME OR FROM TIME TO TIME, TO BE PAID FROM ANY LEGACY ''AVAII'ABL E REVENUES OF THE DISTRICT, INCLUDING, WITHOUT LIMITATION, THE PROCEEDS OF'/AD VALOREM PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN AD VALOREM MILL LEVYY IMPOSED ON ALL TAXABLE PROPERTY OF THE DISTRICT TO BE LEVIED IN ANY YEAR AT A RATE NOT IN EXCESS OF THE MILL LEVY RATE LIMITATION, IF ANY, CONTAINED IN THE DISTRICT'S SERVICE PLAN, AS THE SAME MAY BE MODIFIED FROM TIME TO TIME, AND IN AMOUNTS SUFFICIENT TO PRODUCE THE ANNUAL INCREASE SET FORTH ABOVE OR SUCH LESSER AMOUNT AS MAY BE NECESSARY, TO BE USED SOLELY FOR THE PURPOSE OF PAYING THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON THE DISTRICT'S DEBT; AND SHALL THE PROCEEDS OF ANY SUCH DEBT AND THE PROCEEDS OF SUCH TAXES, ANY OTHER REVENUE USED TO PAY SUCH DEBT, AND INVESTMENT INCOME THEREON, BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT IN FISCAL YEAR 2020 AND IN EACH FISCAL YEAR THEREAFTER, SUCH AUTHORIZATION TO CONSTITUTE A VOTER -APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, RETENTION, REVENUE -RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW, AND WITHOUT LIMITING 1N ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT? SKYVIEW MEADOWS METROPOLITAN DISTRICT BALLOT ISSUES H (OPERATIONS) SHALL SKYVIEW MEADOWS METROPOLITAN DISTRICT DEBT BE INCREASED $24,000,000, WITH A REPAYMENT COST OF $139,200,000 OR SUCH LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL SKYVIEW MEADOWS METROPOLITAN DISTRICT TAXES BE INCREASED $26,880,000 ANNUALLY, OR BY SUCH LESSER ANNUAL AMOUNT AS MAY BE NECESSARY TO PAY THE DISTRICT'S DEBT: SUCH DEBT TO CONSIST OF GENERAL OBLIGATION BONDS, REVENUE BONDS, OR OTHER OBLIGATIONS, INCLUDING CONTRACTS�AND OBLIGATIONS SECURED BY DEEDS OF TRUST, LIENS, AND OTHER ENCUMBRANCES ON DISTRICT REAL AND PERSONAL PROPERTY ISSUED OR INCURRED TO PAY THE COSTS OF,/OPERATING, MAINTAINING, OR OTHERWISE PROVIDING SYSTEMS, OPERATIONS, AND`ADMINISTRATION TO CARRY OUT THE OBJECTS AND PURPOSES FOR WHICH THE DISTRICT WAS ORGANIZED, TOGETHER WITH ALL NECESSARY, INCIDENTAL AND APPURTENANT\PROPERTIES� FACILITIES, EQUIPMENT, PERSONNEL, CONTRACTORS, CONS ULTANTS,,AND,-COSTS AN61ALL\LAND, EASEMENTS, AND APPURTENANCES NECESSARY OR APPROPRIATE* CONNECTION THEREWITH, SUCH DEBT TO BEAR INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED 12% PER ANNUM, SUCH INTEREST TO BE PAYABLE AT.� SUCH TIME -OR TIMES -,"AND SUCH DEBT TO MATURE, BE SUBJECT TO REDEMPTION WITH OR'WITHOUT*PREMIUM NOIN EXCESS OF 5% OF THE PRINCIPAL AMOUNT BEING REDEEMED, AND BE ISSUED/AND SOLD AT`ABOVE OR BELOW PAR, SUCH DEBT TO BE ISSUED OR INCURRED AT ONE TIME OR FROM TIME TO TIME, TO BE PAID FROM ANY LEGALLY AVAILABLE -REVENUES OF',THE- DISTRICT, INCLUDING, WITHOUT LIMITATION, THE PROCEEDS OF AD VALOREM PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN AD VALOREM MILL LEVY IMPOSEE'O`N ALL T. XABLE PROPERTY OF THE DISTRICT TO BE LEVIED IN ANY YEAR AT -A -RATE NOT IN''EXCESS OF THE MILL`LEVY RATE LIMITATION, IF ANY, CONTAINED IN THE DISTRICTS SERVICE PLAN, AS�THE.SAME MAYBE MODIFIED FROM TIME TO TIME, AND IN AMOUNTS/SUFFICIENT TO PRODUCE THE ANNUAL INCREASE SET FORTH ABOVE OR SUCH LESSER AMOUNT AS MAY+,BE NECESSARY, TO BE USED SOLELY FOR THE PURPOSE OF PAYING THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON THE DISTRICT'S DEBT; AND SHALL THE PROCEEDS OF, ANY SUCH DEBT ANDJHE PROCEEDS OF SUCH TAXES, ANY OTHER REVENUE.USED TO�PAY SUCH DEBT,-AND,INVESTMENT INCOME THEREON, BE COLLECTED, RETAINED AND SPENT°BY THE D.ISTRICT�IN-FISCAL) YEAR 2020 AND IN EACH FISCAL YEAR THEREAFTER, SUCH AUTHORIZATION TO CONSTITUTE A VOTER -APPROVED REVENUE CHANGE, WITHOUT\REGARD TO ANY SPENDING, RETENTION, REVENUE -RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X"SECTION,20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW, AND WITHOUT LIMITING,IN,ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT? (REFUNDING DEBT) SHALL SKYVIEW MEADOWS METROPOLITAN DISTRICT DEBT BE INCREASED $24,000,000, WITH A REPAYMENT COST OF $139,200,000 OR SUCH LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL SKYVIEW MEADOWS METROPOLITAN DISTRICT TAXES BE INCREASED $26,880,000 ANNUALLY OR BY SUCH LESSER ANNUAL AMOUNT AS MAY BE NECESSARY TO PAY THE DISTRICT'S DEBT; SUCH DEBT TO CONSIST OF GENERAL OBLIGATION BONDS, REVENUE BONDS, OR OTHER OBLIGATIONS, INCLUDING CONTRACTS AND OBLIGATIONS SECURED BY DEEDS OF TRUST, LIENS, AND OTHER ENCUMBRANCES ON DISTRICT REAL AND PERSONAL PROPERTY, ISSUED OR INCURRED FOR THE PURPOSE OF REFUNDING, PAYING, OR DEFEASING, IN WHOLE OR IN PART, BONDS, NOTES, OR OTHER FINANCIAL OBLIGATIONS OF THE DISTRICT; SUCH DEBT TO BEAR INTEREST AT A RATE TO BE DETERMINED BY THE DISTRICT BOARD, WHICH INTEREST RATE MAY BE HIGHER THAN THE INTEREST RATE BORNE BY THE OBLIGATIONS BEING REFUNDED BUT IN NO EVENT SHALL THE NET EFFECTIVE INTEREST RATE EXCEED 12% PER AN NUM, SUCH INTEREST TO BE PAYABLE AT SUCH TIME OR TIMES, SUCH DEBT TO BE SOLD IN ONE SERIES OR MORE AT A PRICE ABOVE, BELOW, OR EQUAL TO THE PRINCIPAL AMOUNT OF SUCH DEBT AND ON SUCH TERMS AND CONDITIONS AS THE DISTRICT MAY DETERMINE, INCLUDING PROVISIONS FOR REDEMPTION OF THE DEBT PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM IN AN AMOUNT NOT IN EXCESS OF 5% OF THE PRINCIPAL AMOUNT BEING REDEEMED; SUCH DEBT TO BE PAID FROM ANY LEGALLY AVAILABLE MONEYS OF THE DISTRICT, INCLUDING WITHOUT LIMITATION FROM A MILL LEVY IMPOSED ON ALL TAXABLE PROPERTY OF THE DISTRICT TO BE LEVIED IN ANY YEAR AT A RATE NOT IN EXCESS OF THE MILL LEVY RATE LIMITATION, IF ANY, CONTAINED IN THE DISTRICT'S SERVICE PLAN, AS THE SAME MAY BE MODIFIED FROM TIME TO TIME, AND IN AMOUNTS SUFFICIENT TO PRODUCE THE. ANNUAL INCREASE SET FORTH ABOVE OR SUCH LESSER AMOUNT AS MAY BE NECESSARY, TO BE USED SOLELY FOR THE PURPOSE OF PAYING THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON THE DISTRICT'S DEBT; AND SHALL THE PROCEEDS OF ANY SUCH DEBT AND THE PROCEEDS OF SUCH TAXES, ANY OTHER REVENUE" USED TO PAY SUCH DEBT, AND INVESTMENT INCOME THEREON, BE COLLECTED, RETAINED�-AND SPENT BY THE DISTRICT IN FISCAL YEAR 2020 AND IN EACH FISCAL YEAR THEREAFTER SUCH AUTHORIZATION TO CONSTITUTE A VOTER -APPROVED REVENUE CHANGE -WITHOUT REGARD TO ANY SPENDING, RETENTION, REVENUE -RAISING, OR OTHER"I'LIMIT%ATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW�AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT? _ SKYVIEW MEADOWS METROPOLITAN -DISTRICT BAL• LOT48SUE J (INTERGOVERNMENTAL AGREEMENTS +WITH THE STATE O POLITICAL SUBDIVISIONS) SHALL SKYVIEW MEADOWS METROPOLITAN.DISTRICT DEBT BE INCREASED $24,000,000, WITH A REPAYMENT COST OF $139,200,000 OR SUCH-LI= SER AMOUNT'�AS MAY BE NECESSARY, AND SHALL SKYVIEW MEAD.OWS,METROPOLITAN DISTRICTl TAXES BE INCREASED $26,880,000 ANNUALLY, OR BY SUCH r.LESSER ANNUAL\AMOUNT_AS'MAY BE�NECESSARY TO PAY THE DISTRICT'S DEBT AND MULTIPLE -FISCAL YEAkOBLIGATIONS; SUCH DEBT AND OBLIGATIONS TO CONSIST OF ONE OR MORE INTERGOVERNMENTAL AGREEMENTS WITH THE STATE OR ANY POLITICAL SUBDIVISIONOFTHE STATE FOR THE PURPOSE OF JOINTLY FINANCING THE COSTS OF ANY PUBLIC IMPROVEMENTS,, -FACILITIES, SYSTEMS, PROGRAMS, OR PROJECTS WHICH THE DISTRICT,/MAY LAWFULLYNPROV,iDE;�,OR,,FOR\THE PURPOSE OF PROVIDING FOR THE OPERATIONS-AND-MAINTENAN�CE,,OF THE,' DISTRICT AND ITS FACILITIES AND PROPERTIES; SUCH (DEBT TO BE PAID FROM ANY LEGALLY AVAILABLE MONEYS OF THE DISTRICT, INCLUDING FROM THE -.DISTRICT'S OPERATING MILL LEVY IN AMOUNTS SUFFICIENT TO PRODUCE THE ANNUAL INCREASE SET FORTH,ABOVE OR SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE PURPOSES,SPECIFIED ABOVE; AND IN, CONNECTION THEREWITH SHALL THE DISTRICT BE AUTHORIZED`TO\MAKE COVENANTS REGARDING THE ESTABLISHMENT AND USE OF AD VALOREM TAXES;. RATES, FEES, TOLLS, PENALTIES, AND OTHER CHARGES OR REVENUES OF THE DISTRICT, AND'�COVENANTS, REPRESENTATIONS, AND WARRANTIES AS TO OTHER MATTERS ARISING UNDER THE AGREEMENTS, ALL AS MAY BE DETERMINED BY THE BOARD OF DIRECTORS OF THE DISTRICT?/ SKYVIEW MEADOWS METROPOLITAN DISTRICT BALLOT QUESTION K (REIMBURSEMENT AGREEMENTS) SHALL SKYVIEW MEADOWS METROPOLITAN DISTRICT BE AUTHORIZED TO ENTER INTO AGREEMENTS WITH ANY DEVELOPER OR OWNER OF PROPERTY IN THE DISTRICT FOR THE PURPOSE OF FINANCING THE COSTS OF ANY PUBLIC IMPROVEMENTS, FACILITIES, SYSTEMS, OR PROJECTS WHICH THE DISTRICT MAY LAWFULLY PROVIDE, WHICH AGREEMENTS MAY CONSTITUTE DEBT OR INDEBTEDNESS AND MULTIPLE -FISCAL YEAR OBLIGATIONS OF THE DISTRICT TO THE EXTENT PROVIDED THEREIN AND OTHERWISE AUTHORIZED BY LAW, AND IN CONNECTION THEREWITH SHALL THE DISTRICT BE AUTHORIZED TO AGREE TO PAY SPECIFIED REVENUES OF THE DISTRICT TO THE DEVELOPERS, TO MAKE COVENANTS REGARDING THE REVENUES OF THE DISTRICT, AND TO MADE COVENANTS, REPRESENTATIONS, AND WARRANTIES AS TO OTHER MATTERS ARISING UNDER THE AGREEMENTS, ALL AS MAY BE DETERMINED BY THE BOARD OF DIRECTORS OF THE DISTRICT? SKYVIEW MEADOWS METROPOLITAN DISTRICT BALLOT ISSUE L (TABOR REVENUE EXEMPTION) SHALL_ SKYVIEW MEADOWS METROPOLITAN DISTRICT BE AUTHORIZED TO COLLECT, RETAIN, AND SPEND ANY AND ALL AMOUNTS ANNUALLY FROM ANY REVENUE SOURCES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY REVENUES FROM AD VALOREM PROPERTY TAXES, TAXES, SPECIFIC OWNERSHIP TAXES, FEES, RATES, TOLLS, PENALTIES, OR CHARGES, STATE, FEDERAL AND PRIVATE GRANTS AND GIFTS, OR ANY OTHER SOURCE); AND SHALL SUCH REVENUES BE COLLECTED, RETAINED AND SPENT BY THE,DISTRICT IN FISCAL YEAR 2020 AND IN EACH FISCAL YEAR THEREAFTER AS A VOTER-APP,ROVEb REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE -RAISING, OR�,OTHER,LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER, \REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT? IEW MEADOWS METROPOLITAN D (WAIVER OF TERM LIMITS) Shall the limitations on terms of office �of-elected meml3ers offthe Board of Directors, Meadows Metropolitan District be eliminated pursuant to Article XVI Il, Section 11(2) of th Constitution? � s EXHIBIT B AFFIDAVIT OF PUBLICATION taoTl' GF WaLIC aEltsaa20N tenncaratur IWOFCOLORMO QPOLRAN eSrQCCT,76WNrW#IRKMNF„VrAUA NOTICE IS HEREBY GIVEN that. er9gant to 1 32-1,294a CA.S., a GoNce Plan [the'SM-Ace PI for the Pro�ld 5 w Mead own Metrtppa tan glsrrlrt (the tnigtrl y has al�n ed wSth the Firestone Toes CICr end b avalahle Insyecdon In she oRka of C.k Prairie Mountain Media, LLC �e tone T Clerk et 191 Grant Avlrve. Firestone. Colorado sm AApgbile hea o Pn the Service Plan will be held by the TMI" of FlYeymne Bmra PUBLISHER'S AFFIDAVIT oiTnwteea Obe'Board of tm1m .0 pqrsn 2a19, ar T.eO p.m, 1st Grand ayme, FIrrtapn Ga,1ur&d% wows soon tYThhheaeteafter es the�aer ;Tru !tees may tleArluah a Igor. County of Boulder to ose for adoo h Z farmpa a State of Colorado B is resolution Apgrolvin� cartldiYbPixilh ' Q or d Wp1=p3 4he service Plan In eerordance with �.I. A nanri domAFi tan at the land contalneII wftt0n the boundarfea of the proposed 0Wlastrlrt is as laws: tot A, AMEnaEG TESTS Mi- NGR P1AT,Tewn of Flrestailk Wantr al Weld.Stato of CofaFld0. The undersigned, JD Geddes . ifelhg first duly ingfollf ire: ursoant to 32-I.201111SA C.RS.. day per be owing grePlfrtcyv llafI DisWct rmtY rgquW that be swam under oath, steles end affirms a9 propose 8 ppropd�v exchtded hem the oistdtt by submitting such request Ea tfso scare of Trust, MS no lawthan ton (to) s poor tethe puidtc htaring, 1. lleFshe la the legal Advertising Ravtewer of SYAqCIFIOER OFTHE FIR6'TOt� TRUST Pra3Ae Mountain Medlia U.C. publisher Of the PPubltshed: LonmaoEESntTlmes CWII Augast 2, 2019-162I33a Longmont Times CaIL P. The Longmont Tram Call Is a newspaper of general circulation that has been published continuously and without Interruption for at least Rfty3wo weeks In Boulder County and meets the legal requlailea fora legal newspaper under Colo. Rev. Staff 2440-103. 3. The notke that is attached hereto Is a true Copy, Published in the Longmont TM1ea Call In Boulder Courtly on the following date(s): Aug 2 2010 Signature Subscribed and soar to bef to mee--this�(�j� j2d day of & [-�i_ I Notary Public /I U SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY lR 20174031968 4SEAM MY COMMISSION EXPIRES JMY 31, 2021 Account 1084256 Ad Number; 1622330 Fee: $31.03 { 00 1 30527.DOC v: I ) EXHIBIT C AFFADAVIT OF MAILING AND PUBLICATION NOTICE OF PUBLIC HEARING CITY AND COUNTY OF DENVER, STATE OF COLORADO AFFIDAVIT OF MAILING AND PUBLICATION OF NOTICE OF HEARING PROPOSED SKYVIEW MEADOWS METROPOLITAN DISTRICT I, Mandi Kirk, being duly sworn, upon my oath do hereby certify that a Notice of Board of Trustees' Public Hearing regarding the Service Plan for the proposed Skyview Meadows Metropolitan District ("District"), attached as Exhibit A, was mailed on August 7, 2019 pursuant to C.R.S. § 32-1-204 (1.5). Pursuant to C.R.S. § 32-1-204 (1.5), the Notice was mailed to the Colorado Division of Local Government, the property owner, and all taxing entities within a three-mile radius of the proposed District's boundaries as shown by the records of the Weld County Assessor's office. A list of the taxing entities is attached as Exhibit B. The Notice of Public Hearing on Service Plan also was published on August 2, 2019 in the Longmont Times -Call. The Affidavit of Publication is attached as Exhibit C. FURTHER AFFIANT SAYETH NAUGHT. Signed this 22"d day of August, 2019. STATE OF COLORADO } ss. 2OUNTY OF DENVER ) Mandi Kirk The foregoing instrument was acknowledged before me this 22nd day of August, 2019, by Vlandi Kirk. WITNESS my hand and official seal. My commission expires:_ 0, � ` ()g-�L�d JA 88VACIK WARYPUBW 5T1111E0FCOlAM W NOUR1f ID 2018;00W OOMIiIISS M EXPM MARCH A (00130527.DOC v;1 } RESOLUTION 19-78 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR CRESTONE PEAK RESOURCES TO LOCATE TWELVE OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, Crestone Peak Resources (hereinafter "Crestone" or "Applicant") has submitted an application and supporting materials to the Town of Firestone, pursuant to Chapter 15.48 of the Firestone Municipal Code, for special use permits to locate within the Town oil and gas wells referred to as the proposed Johnson 2A-12H-C268 through 2L-12H-C268 Wells ("Application"); and WHEREAS, the Application was reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil and gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the Application; and WHEREAS, after the public hearing of the Planning and Zoning Commission, at which evidence and testimony were entered into the record, the Planning and Zoning Commission found the special use request for the well should be approved subject to certain conditions, and made its recommendation of approval by resolution to the Board of Trustees; and WHEREAS, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Board of Trustees held a properly noticed public hearing on the special use application, at which evidence and testimony were entered into the record; and WHEREAS, the Board of Trustees has duly considered the Application, the evidence and testimony presented at the hearing, and the resolution of the Planning and Zoning Commission, finding the Application to conform to the review criteria set forth in Section 15.48.050 of the Firestone Municipal Code, and desires to approve the Application subject to certain conditions, pursuant to Chapters 15.48 and 17.32 of the Firestone Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees has reviewed Crestone Peak Resources's (hereinafter "Crestone" or "Applicant") application for special use permits to locate within the Town oil and gas wells referred to as the proposed Johnson 2A-12H-C268 through 2L-12H-C268 Wells ("Application"), in relation to the review criteria set forth in Sections 15.48.050 and 1.7.32.030 of the Firestone Municipal Code, and finds that the use proposed in the Application is compatible and beneficial to the surrounding properties and inhabitants and not detrimental. Section 2. The Board of Trustees hereby approves the Application and the special use permit request therein for the placement of twelve oil and gas wells on the parcel more particularly described in Exhibit A, attached hereto and incorporated herein by this reference, subject to the terms and conditions set forth in said permit, which is incorporated herein by this reference, and subject the following conditions: The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 2. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission ("COGCC") permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits, waivers, variances and subsequent notices filed with the state and affecting the well. 3. Prior to the Town issuing a notice to proceed, the applicant shall modify plans and application materials pursuant to comments from the Town Engineer set forth in a memoranda dated June 28, 2019, to the satisfaction of the Town. 4. Prior to the Town issuing a notice to proceed, the applicant shall modify plans and application materials pursuant to comments from Arrakeen Resource Company set forth in a memoranda dated June 5, 2019, to the satisfaction of the Town. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 6. Prior to commencement of any work within the Town the applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. 7. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County, specifically an Overweight Permit from the Town is required for moving the drilling rig. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 2 9. Applicant at its sole expense shall control fugitive dust at the well site and on private access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and COGCC regulations. 10. The oil/gas well facilities shall utilize setbacks as specified in COGCC regulations. 11. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 12. The use of pump jacks shall be limited to those running on electric motors. 13. Oil and gas operations at the well site shall comply with the Cooperative Development Plan Agreement, attached hereto as Exhibit B. INTRODUCED, READ AND ADOPTED this 28th day of August, 2019. `��gTONF TOWN OF FIRESTONE, COLORADO OVA kO O ;� 1 obi Sind , Mayor ATTEST: ��•.�,• a C • UNTY•,,GQ O•• Leah Vanarsdall, Town Clerk EXHIBIT A Legal Description A parcel of land located in the Northeast Quarter of the Northwest Quarter of Section 12, Township 2 North, Range 68 West of the 61h Principle Meridian, Town of Firestone, Weld County, Colorado. EXHIBIT B Cooperative Development Plan Agreement COOPERATIVE DEVELOPMENT PLAN AGREEMENT This Cooperative Development Plan Agreement ("Agreement") is made and entered into this JP*�" day of December, 2018 (the "Effective Date"), by and between the Town of Firestone, a Colorado municipal corporation ("Firestone" or "Town"), whose address is 151 Grant Ave, P.O. Box 100, Firestone, Colorado 80520, and Crestone Peak Resources LLC, a Delaware limited liability company ("Crestone"), whose address is 1801 California Street, Suite 2500, Denver, Colorado 80202. Crestone and Firestone may be referred to individually as a "Party" or collectively as the "Parties." BACKGROUND Firestone and Crestone value a balanced approach to oil and gas development that protects human health, safety and welfare, as well as the environment and wildlife, and that offsets any impacts from such development. To achieve such mutual objectives in a cooperative manner, Firestone and Crestone enter into this Agreement to accomplish the following: 1. To site new well pads that Crestone plans to develop within Firestone at locations that will protect public safety and the environment, while allowing for the efficient development of oil and gas; 2. To further mitigate the potential environmental and land use effects associated with this development by adopting best management practices ("BMPs") that supplement state environmental requirements in an efficient and cost-effective manner, including BMPs for odor mitigation, noise mitigation, lighting installation, road maintenance, and landscape restoration, all to benefit the Town and its residents; and To make contributions for urban renewal planning and park and infrastructure improvements that will likewise benefit the Town and its residents and will also offset any remaining impacts from this development. NOW THEREFORE, the Parties agree as follows: ARTICLE I. GENERAL PROVISIONS 1. Effective Date, This Agreement will be effective as of the Effective Date, 2. Intent to Supplement State Rules and Regulations. The Parties recognize that pursuant to the Colorado Oil and Gas Conservation Act, Colo. Rev. Stat. § 34-60-101 et seq., the Colorado Oil and Gas Conservation Commission ("COGCC") regulates the development and production of oil and gas resources in Colorado, and the Act authorizes the COGCC to adopt statewide rules and regulations, which the COGCC has done. The BMPs developed jointly by the Parties and identified in this Agreement are intended to supplement - and are in addition to these state rules and regulations. 3. Exercise of Local Land Use Authority, The Parties further recognize that Firestone has enacted land use regulations pursuant to the Local Government Land Use Enabling Act, Colo. Rev. Stat. § 31-15-401 et seq., and the Land Planning Act, Colo. Rev. Stat. § 29-20-101 et seq., which authorize local governments to enact land use regulations that regulate, inter alia, oil and gas development, provided that such regulations are not preempted by state law. The Parties also recognize that Crestone's activities covered by this Agreement are best addressed in a collaborative manner, as set forth in this Agreement. 4. Applicability. This Agreement and the BMPs will apply to all new wells that Crestone drills on the Identified Well Pads during the Term of this Agreement. This Agreement will not apply to any wells for which Crestone is not the operator. 5. Term. The term of this Agreement will commence upon the Effective Date and will remain in effect for five (5) years (the "First Term"), which may be extended from time to time by mutual agreement of the Parties (the "Term"). 6. Effect of Termination on Obligations. If the Agreement is terminated by either Party, any development approved by the Town will continue to be authorized under and subject to this Agreement. 7. Drilling Plan. In consultation with Firestone, Crestone has developed a Drilling Plan that includes both; (i) the four (4) well pad sites identified as the Bighorn, Kugel, Johnson, and Sheley on the Cooperative Development Area Map, that Crestone plans to develop during the First Term (the "Identified Well Pads"); and (ii) the BMPs that will apply to such development. The BMPs are listed on the Best Management Practices for Pad Site Locations attached as Appendix A, and the Identified Well Pads are depicted in the Cooperative Development Area Map attached as Appendix B. Crestone will not drill more than sixty (60) wells total from the Bighorn, Kugel, Johnson, and Sheley well pad sites collectively. 8. Urban Growth Boundary. If Crestone acquires additional real property interest during the Term at a location outside the Firestone town limits, but within the urban growth boundary as set forth on Appendix C, and Crestone intends to use such location as a pad for drilling one or more oil and gas wells, then Crestone will support Firestone's annexation of such location. If the location is annexed by Firestone, then the well pad will be considered an Identified Well Pad under this Agreement, effective as of the date of annexation. Contributions under Article II, Section 4(b) will not apply to the annexed Identified Well Pads, and the Parties will instead negotiate in good faith any contributions by Crestone to the Town related to the annexed Identified Well Pads at the time of annexation. ARTICLE 11. APPROVAL PROCESS, OPERATIONS, AND CONSIDERATION 1. Special Use Permit Submission Requirements, For each new well Crestone drills on the Identified Well Pads, the Parties will follow the requirements and procedures outlined in Section 15.48.030 of the Firestone Municipal Code (the "Code") for special use permits, all applications submitted by Crestone will contain the elements prescribed by Section 15.48.040 of the Code, and PJ the Town's board of trustees will review the application using the review criteria outlined in Section 15.48.050 of the Code and the BMPs, as applicable. If the applicable provisions of the Code are amended, Crestone will comply with the most current requirements and procedures for its operations effective at the time of submission. The Town recognizes that time is of the essence with respect to approval of special use permits and will use its best efforts to process Crestone's applications submitted pursuant to this Article IT, Section 1 in a prompt and timely manner. To that end, the Town agrees that Town staff review of the applications will take no longer than sixty (60) calendar days after the Town staff determines the application is complete. 2. Crestone's Operations. For each new well Crestone drills on the Identified Well Pads, Crestone will operate such well to comply with the BMPs and Sections 15.48.060 through 15.48.200 of the Code. If the applicable provisions of the Code are amended, Crestone will comply with the most current requirements and procedures for its operations effective at the time. 3. Crossing Permits. The Parties intend to minimize the use of tanks by Crestone for development under this Agreement. For all facilities associated with Crestone's oil and gas development, including flowlines, gathering lines, access roads, utility lines, storage tanks, processing and separation facilities, and other production, processing, transportation, and marketing facilities, that require a permit under Section 15.44.010 of the Code, Crestone will follow the procedures and rules set forth in Sections 15,44,020 through 15.44.100 and 15.44.120 through 15.44,150 of the Code. Crestone will make a one-time payment for each crossing permit based on the right-of-way pricing set forth on Appendix D, without minimum consideration. If the applicable provisions of the Code are amended, Crestone will comply with the most current requirements and procedures for its operations effective at the time. The Town will render a decision on each crossing permit application within ninety (90) calendar days after the application is deemed complete. 4. Crestone's Contributions. To offset potential impacts from the Identified Well Pads and associated wells, Crestone will make contributions to the Town as follows: a. Contribution to the Urban Renewal Authority. A one-time contribution of one hundred thousand dollars ($100,000) to the Firestone Urban Renewal Authority for the preparation of an Urban Renewal Plan, which contribution will be made within thirty (30) calendar days after the Effective Date; and b. Contributions for Park and Infrastructure Improvements. A one-time contribution to Firestone of two hundred fifty thousand dollars ($250,000) for each Identified Well Pad (excluding any Identified Well Pads included pursuant to Article I, Section 8), paid within ninety (90) calendar days after the date of first production from such Identified Well Pad as reported by Crestone to the COGCC on Crestone's Completed Interval Report, Form 5A. For planning purposes, Crestone anticipates dates of first production from two (2) Identified Well Pads to occur in 2019 and from two (2) Identified Well Pads to occur in 2020. 5. Submissions to the COGCC. Firestone will not object to any of Crestone's submissions to the COGCC pertaining to the Identified Well Pads and related wells, and, upon Town approval of operations pertaining to a new well, Firestone will promptly notify the COGCC in writing that the Town has approved such operations under its land use review procedures and pursuant to this Agreement. ARTICLE III. OTHER PROVISIONS 1. No Waiver of Rights. The Parties acknowledge and agree that this Agreement will not be used as evidence that either Party has waived any rights to assert its claims concerning the validity of Firestone's land use authority or jurisdiction or Crestone's rights to develop its mineral resources. Nothing herein will be construed as an admission by either Party of any legal right or obligation. 2. Force Majeure. Neither Party will be liable for any delay or failure in performing under this Agreement in the event and to the extent that the delay or failure arises out of causes beyond a Party's reasonable control, including, without limitation, war, civil commotion, act of God, strike or other stoppage (whether partial or total) of labor, any law, decree, regulation or order of any government or governmental body (including any court or tribunal), or inability to obtain permits, licenses, consents, easements, or rights -of way, if any Party is rendered, wholly or in part, unable to carry out its obligations under this Agreement due to any such force majeure event, it is agreed that, upon the affected Party's giving notice and a description of such delay in reasonable detail in writing to the other Party as soon as reasonably possible after the occurrence of the causes relied on, the obligation of the Party giving such notice, so far as it is affected by such condition or event, will be suspended and any time periods will be extended for a period equal to the period of the continuance of the event or condition. 3. Authority to Execute Agreement. Each Party represents that it has the full right and authority to enter into this Agreement. 4. Governing Law. This Agreement will be governed and construed in accordance with the laws of the State of Colorado without reference to its conflicts of laws provisions. 5. No Third -Party Beneficiaries. This Agreement is not intended to, and does not, create any right, benefit, responsibility or obligation that may be enforced by any non-party. Additionally, nothing in this Agreement will entitle any third party to any claims, rights or remedies of any kind. b. Notices. All notices and other correspondence related to this Agreement will be in writing and will be delivered by: (i) certified mail with return receipt, (ii) hand delivery with signature or delivery receipt provided by a third party courier service (such as FedEx, UPS, etc.), (iii) fax transmission if verification of receipt is obtained, or (iv) email with return receipt, to the designated representative of the Party as indicated below. A Party may change its designated representative for notice purposes at any time by written notice to the other Party. The initial representatives of the Parties are as follows: Firestone: Town of Firestone 151 Grant Ave P.O. Box 100 4 Firestone, Colorado 80520 Attn: Town Manager Telephone: 303.833.3291 Fax: 303.833.4863 Email: [ Crestone: Crestone Peak Resources LLC 1801 California Street, Suite 2500 Denver, Colorado 80202 Attn: David Stewart 720410-8500 Email: David.Stewart@crestonepr.com 7. Dispute Resolution. If either Party believes that the other Party has violated any provision of this Agreement, the Party claiming that a violation has occurred will send written notice to the other Party, identifying the violation and invoking the dispute resolution process in this Section. Upon receiving such written notice, the other Party will have thirty (30) calendar days to remedy the alleged violation, unless such violation involves operations at a well pad site, in which case the time period will be ten (10) days. If the other Party denies the alleged violation, then the Parties will meet to resolve the alleged violation within ten (10) or thirty (30) calendar days (as the case may be) of the date of delivery of the initial written notice. If a resolution of the matter cannot be achieved at the meeting, both Parties agree to make a reasonable effort to work through and with a mutually acceptable mediator to attempt to resolve the dispute. Notwithstanding the foregoing, if either Party believes that the dispute will not otherwise be resolved in a sufficiently prompt and effective manner, such Party may, at its discretion, institute a legal proceeding in a court of proper jurisdiction to seek appropriate remedies. Such remedies may include, without limitation, an injunction to stop an alleged violation or an order requiring the performance of all acts and things required by the Agreement. Provided, however, that no such legal proceeding will be initiated for a period of at least thirty (30) calendar days after delivery of the initial written notice. 11. Amendments to Agreement. No changes, alterations or modifications to any of the provisions hereof will be effective unless contained in a written agreement signed by both Parties. 12. Assignment. Crestone may convey or assign its rights and obligations for any or all of the Identified Well Pads, related facilities, special use permits, and/or associated crossing permits, provided that such conveyance or assignment includes both Crestone's rights and its obligations for the subject Identified Well Pads, related facilities, special use permits, and/or crossing permits. For purposes of this paragraph, Crestone's rights include without limitation its vested development rights upon Town approval, and Crestone's obligations include without limitation its BMP obligations under Appendix A. 13. Surface Use Agreement. Crestone's predecessors -in -interest regarding certain lands in the N/2 of Section 18, Township 2 North, Range 67 West, Weld County, Colorado, the Firestone Finance Authority ("FFA"), and the Town entered into that certain Compatible Development and Surface Use Agreement dated September 25, 2006, which addresses Crestone's use of surface property owned by the Town. Concurrently with execution of this Agreement, Crestone, FFA, and the Town will ' execute an amendment to such Compatible Development and Surface Use Agreement to address uses of Town property associated with the Identified Well Pads. This Agreement will not be effective until Crestone, FFA, and the Town execute such amendment. [Signature page follows. ] IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by a duly authorized representative on the day and year first above written. FIRESTONE: THE TOWN OF FIRESTONE r STO e By: i ••'' �Ovr+IPA Name a(sjsr -P • � o Title: Q Date: V) 9010 � r�t �O iYAiM CRESTONE: CRESTONE PEAK RESOURCES LLC 111 Name: , C — -" Title: V P Date: 1 Z 6 l t 1t 7 APPENDIX A BEST MANAGEMENT PRACTICES FOR PAD SITE LOCATIONS 1. Odor Mitigation. To mitigate the effects of odor from Crestone's operations, Crestone will consult with the Town regarding the selection and implementation of appropriate mitigation measures. These mitigation measures may include the following: A. Erect walls around the Identified Well Pads to limit air flow through the well sites during the drilling and completion of wells. These walls will have a minimum height of thirty-two (32) feet, and Crestone will consult with Firestone regarding whether the walls should have a height of more than thirty-two (32) feet at the Johnson, Kugel, and Sheley well pad sites; B. Add odor -suppression liquid to its drilling mud to neutralize odors; C. Install a chiller to cool the drilling fluid as it is piped through the recirculation system before routing to the suction tanks; D. EncIose the suction tank and shaker tanks; E. Continue to evaluate different additive formulations that have the potential to better suppress odors, including but not limited to non -diesel based additives; F. During flowback and well completions, utilize closed -loop green completion techniques to the maximum extent practicable to minimize emissions and the flaring of natural gas; and G. In order to reduce airflow and evaporation, cover trucks transporting drill cuttings, cover the drilling fluid mixing tanks, use a squeegee to remove drilling fluids from pipes as they exit the wellbore, and ensure that all drilling fluid is removed from pipes before storage. 2. Noise Mitigation. To reduce the noise effects on the Town and its residents during drilling, and to provide cost benefits to Crestone, all permanent equipment with engines or motors that can be electrified will be electrified from the power grid, except that operations pertaining to the Bighorn well pad will not be subject to this requirement if electricity from the power grid is not available at the site. If electricity from the power grid is unavailable at the Bighorn well pad, Crestone will use quiet design mufflers (also referred to as hospital grade or dual dissipative) or equivalent, or acoustically insulated housing or covers to enclose the motor or engine at the Bighorn well pad site. Additionally, A. Crestone agrees to use the Liberty Quiet Fleet or comparable technology from an alternative vendor on all well sites for completion operations; B. Crestone will install sound walls on all four sides of the Identified Well Pads during the drilling and completion at a minimum height as set forth in BMP LA; and C. Crestone will develop and implement in consultation with the Town a Noise Mitigation and Monitoring Plan that provides for continuous monitoring and modeling from four (4) sides of the facility at least 350 feet from the sound wall where possible provided that approval from surrounding surface owners can be obtained. The plan should identify site -specific noise mitigation techniques such as dirt moving to attenuate noise, and source - based noise mitigation. Crestone will share all information and reports from such monitoring and modeling with the Town. 3. Lighting. Crestone will install down cast lighting or some other form of lighting that mitigates light pollution and spill -aver onto adjacent properties; provided, however, that Crestone may still use lighting that is necessary for public and occupational safety. 4. Road Repairs. The Parties recognize that truck traffic accessing the Identified Well Pads may cause damage to Firestone roads and that road repairs may be needed to mitigate such damage. Crestone will arrange for a qualified outside consultant to perform a road impact study for all Firestone roads that are used to access an Identified Well Pad during the Term. The consultant will conduct the first part of the study prior to Crestone's drilling and completions phase of operations at such Identified Well Pad and the second part of the study after Crestone completes all drilling and completions at such Identified Well Pad. The Parties will use these studies to determine the extent of any damage accruing to the road during the study period. Crestone will then promptly pay Firestone to repair such damage or else arrange and pay the cost of such repairs itself based on Firestone's preference. 5. Drilling Pipe and other Large Tubulars Loading. Crestone will not load Iarge tubulars between 7:00 pm and 7:00 am Mountain Time. 6. Kugel Landscape Restoration. Crestone will consult with the Town to reduce the Kugel well pad footprint to the extent practicable and to mitigate potential visual effects of the Kugel pad site. A payment for landscaping at the Kugel pad site will be negotiated with and approved by the Town as part of the associated special use permit. APPENDIX B COOPERATIVE DEVELOPMENT AREA MAP [See attached.] f r �r s 35 r 3��- k N € i s, : AW P. li {� _ 'y pi S It ::y3-0 � F �" sS.'" � � � f .�4ine� �� -$:... ..•y'N.�S : M' ,�;F' F � ,i a"" i �' l�SS#','F 1 , �'ko- �?y;,s ,� P�c .. .'.a- '. :•. .,fio- �. .+.xr e -,.s Ir "S °r-' 4reYe'.+ L.�;w.-. ad3`:h^a. a f ,�„ q; P':h. -''".:. ter+ '�:'. i..:' �,,F; C . Legend Cooperative Development w Area Map ® Crestone Locations Township (PLSS) Weld County, Colorado CRESTONE PEAK Town of Firestone Section (PLSS) 112SDUFCES o 8.250 12500 Feat APPENDIX C URBAN GROWTH BOUNDARY [See attached.] Kly _ �a�..,i IN � 4� _ i • Im .SH 119 FI9EStbNE,BL.Vb _ U R 1 - -. 1 + -GRANTAVE APPENDIX D RIGHT OF WAY PRICING [See attached.] COLORADO State Land Board " Department of Natural Resources Right-of-way Pricing Summary: This pricing will be used as a minimum charge for all rights -of -way delegated to staff for review and approval. The new pricing practices accomplish the following: 1. The pricing procedures align with the objective stated in Right-of-way Policy #400-001. That is, "To accommodate rights -of -way on state trust lands in a manner that minimizes encumbrances while preserving long-term real estate value, protecting natural values, allowing multiple uses and achieving appropriate market, based returns". 2. The right-of-way pricing differentiates between uses that have different impacts on the land. 3. The right-of-way pricing encourages applicants to request the narrowest right-of-way possible to accommodate the desired use. 4. The right-of-way pricing charges for rights -of -way that cross virgin land. Right-of-way Pricing: The Colorado State Land Board's (SLB) approach to pricing rights -of -way on state trust land uses a three step process. 1. Determines a value for the proposed right-of-way based on a fixed -value per measure of length using Table 1 below. The standard measure of length used to describe a right-of-way is the rod. A rod is 16.5 feet in length. 2. Calculate the value of the right-of-way based on the estimated market value of the property that will be encumbered. 3. Factor in any other variables unique to the trust land being encumbered. Use the greater of the two values as the consideration charge. 4. The minimum consideration for any right of way is $5,000. Table 1: ROW Pricing Popos�d lise itOW Width in Feet and Consicteratian :Char e; er. Rod; �. 0 to 20 21 to 25 26 to 30 31 to 35 36 to 40 M to 45 46 to 50 Oyer 50 Underground Installations $ 34.00 $ 42.50 $ 51.00 $ 59.50 $ 68.00 $ 76.50 $ 85.00 Board Decision Private Roads, Ditches and Canals $ 36.00 $ 45.00 $ 54.00 $ 63.00 $ 72.00 $ 81.00 $ 90.00 Board Decision Public Roads, railroads, reservoirs Board Decision Electric Power Transmission lines $ 38.00 $ 47.50 $ 57.00 $ 66.50 S 76.00 $ 85.50 $ 95.OD Board with capacity of 230 Kv or less Decision Electric Power Transmission lines with capacity reater than 230 Kv Board Declslon Page 1 of 1 General Information -ROW Revised 0912015 RESOLUTION 19-77 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWNOF FIRESTONE, COLORADO, APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR CRESTONE PEAK RESOURCES TO LOCATE SIX OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, Crestone Peak Resources (hereinafter "Crestone" or "Applicant") has submitted an application and supporting materials to the Town of Firestone, pursuant to Chapter 15.48 of the Firestone Municipal Code, for special use permits to locate within the Town oil and gas wells referred to as the proposed Sheley 3C-4H-M267 through Sheley 3H-4H-M267 Wells ("Application"); and WHEREAS, the Application was reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil and gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the Application; and WHEREAS, after the public hearing of the Planning and Zoning Commission, at which evidence and testimony were entered into the record, the Planning and Zoning Commission found the special use request for the well should be approved subject to certain conditions, and made its recommendation of approval by resolution to the Board of Trustees; and WHEREAS, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Board of Trustees held a properly noticed public hearing on the special use application, at which evidence and testimony were entered into the record; and WHEREAS, the Board of Trustees has duly considered the Application, the evidence and testimony presented at the hearing, and the resolution of the Planning and Zoning Commission, finding the Application to conform to the review criteria set forth in Section 15.48.050 of the Firestone Municipal Code, and desires to approve the Application subject to certain conditions, pursuant to Chapters 45.48 and 17.32 of the Firestone Municipal Code, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1, The Board of Trustees has reviewed Crestone Peak Resources's (hereinafter "Crestone" or "Applicant") application for special use permits to locate within the Town oil and gas wells referred to as the proposed Sheley 3C-4H-M267 through Sheley 3H-4H-M267 Wells ("Application"), in relation to the review criteria set forth in Sections 15.48,050 and 1.7.32.030 of the Firestone Municipal Code, and finds that the use proposed in the Application is compatible and beneficial to the surrounding properties and inhabitants and not detrimental. Section 2. The Board of Trustees hereby approves the Application and the special use permit request therein for the placement of six oil and gas wells on the parcel more particularly described in Exhibit A, attached hereto and incorporated herein by this reference, subject to the terms and conditions set forth in said permit, which is incorporated herein by this reference, and subject the following conditions: The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 2. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission ("COGCC") permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits, waivers, variances and subsequent notices filed with the state and affecting the well. Prior to the Town issuing a notice to proceed, the applicant shall modify plans and application materials pursuant to comments from the Town Engineer set forth in a memoranda dated June 28, 2019, to the satisfaction of the Town. 4. Prior to the Town issuing a notice to proceed, the applicant shall modify plans and application materials pursuant to comments from Arrakeen Resource Company set forth in a memoranda dated June 5, 2019, to the satisfaction of the Town. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 6. Prior to commencement of any work within the Town the applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. 7. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County, specifically an Overweight Permit from the Town is required for moving the drilling rig. 8. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 2 9. Applicant at its sole expense shall control fugitive dust at the well site and on private access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and COGCC regulations. 1.0. The oil/gas well facilities shall utilize setbacks as specified in COGCC regulations. 11. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 12. The use of pump jacks shall be limited to those running on electric motors. 13. Oil and gas operations at the well site shall comply with the Cooperative Development Plan Agreement, attached hereto as Exhibit B. INTRODUCED, READ AND ADOPTED this 28th day of August, 2019. EST'0 TOWN OF FIRESTONE, COLORADO 70WN M. t SEA, O �Q Bo4V Sinde]4.A4a%yor ATTEST: O�NrYi,O�O Leah Vanarsdall, Town Clerk EXHIBIT A Legal Description A parcel of land located in the Southwest Quarter of the Southwest Quarter of Section 4, Township 2 North, Range 67 West of the 6t' Principle Meridian, Town of Firestone, Weld County, Colorado. EXHIBIT B Cooperative Development Plan Agreement COOPERATIVE DEVELOPMENT PLAN AGREEMENT This Cooperative Development Plan Agreement ("Agreement") is made and entered into this L day of December, 2018 (the "Effective Date"), by and between the Town of Firestone, a Colorado municipal corporation ("Firestone" or "Town"), whose address is 151 Grant Ave, P.O. Box 100, Firestone, Colorado 80520, and Crestone Peak Resources LLC, a Delaware limited liability company ("Crestone"), whose address is 1801 California Street, Suite 2500, Denver, Colorado 80202. Crestone and Firestone may be referred to individually as a "Party" or collectively as the "Parties." BACKGROUND Firestone and Crestone value a balanced approach to oil and gas development that protects human health, safety and welfare, as well as the environment and wildlife, and that offsets any impacts from such development. To achieve such mutual objectives in a cooperative manner, Firestone and Crestone enter into this Agreement to accomplish the following: 1. To site new well pads that Crestone plans to develop within Firestone at locations that will protect public safety and the environment, while allowing for the efficient development of oil and gas; 2. To further mitigate the potential environmental and land use effects associated with this development by adopting best management practices ("BMPs") that supplement state environmental requirements in an efficient and cost-effective manner, including BMPs for odor mitigation, noise mitigation, lighting installation, road maintenance, and landscape restoration, all to benefit the Town and its residents; and 3. To make contributions for urban renewal planning and park and infrastructure improvements that will likewise benefit the Town and its residents and will also offset any remaining impacts from this development. NOW THEREFORE, the Parties agree as follows: ARTICLE 1. GENERAL PROVISIONS 1. Effective Date. This Agreement will be effective as of the Effective Date. 2. Intent to Supplement State Rules and Regulations. The Parties recognize that pursuant to the Colorado Oil and Gas Conservation Act, Colo. Rev. Stat. § 34-60-101 et seq., the Colorado Oil and Gas Conservation Commission ("COGCC") regulates the development and production of oil and gas resources in Colorado, and the Act authorizes the COGCC to adopt statewide rules and regulations, which the COGCC has done. The BMPs developed jointly by the Parties and identified in this Agreement are intended to supplement and are in addition to these state rules and regulations. 3. Exercise of Local Land Use Authority, The Parties further recognize that Firestone has enacted land use regulations pursuant to the Local Government Land Use Enabling Act, Colo. Rev. Stat. § 31-15-401 et seq., and the Land Planning Act, Colo. Rev. Stat. § 29-20-101 et seq., which authorize local governments to enact land use regulations that regulate, inter alga, oil and gas development, provided that such regulations are not preempted by state law. The Parties also recognize that Crestone's activities covered by this Agreement are best addressed in a collaborative manner, as set forth in this Agreement. 4. Applicability. This Agreement and the BMPs will apply to all new wells that Crestone drills on the Identified Well Pads during the Term of this Agreement. This Agreement will not apply to any wells for which Crestone is not the operator. 5. Term. The term of this Agreement will commence upon the Effective Date and will remain in effect for five (5) years (the "First Term"), which may be extended from time to time by mutual agreement of the Parties (the "Term"). 6. Effect of Termination on Obligations. If the Agreement is terminated by either Party, any development approved by the Town will continue to be authorized under and subject to this Agreement. 7. Drilling Plan. In consultation with Firestone, Crestone has developed a Drilling Plan that includes both: (i) the four (4) well pad sites identified as the Bighorn, Kugel, Johnson, and Sheley on the Cooperative Development Area Map, that Crestone plans to develop during the First Term (the "Identified Well Pads"); and (ii) the BMPs that will apply to such development. The BMPs are listed on the Best Management Practices for Pad Site Locations attached as Appendix A, and the Identified Well Pads are depicted in the Cooperative Development Area Map attached as Appendix B. Crestone will not drill more than sixty (60) wells total from the Bighorn, Kugel, Johnson, and Sheley well pad sites collectively. 8. Urban Growth Boundary. If Crestone acquires additional real property interest during the Term at a location outside the Firestone town limits, but within the urban growth boundary as set forth on Appendix C, and Crestone intends to use such location as a pad for drilling one or more oil and gas wells, then Crestone will support Firestone's annexation of such location. If the location is annexed by Firestone, then the well pad will be considered an Identified Well Pad under this Agreement, effective as of the date of annexation. Contributions under Article I1, Section 4(b) will not apply to the annexed Identified Well Pads, and the Parties will instead negotiate in good faith any contributions by Crestone to the Town related to the annexed Identified Well Pads at the time of annexation. ARTICLE II. APPROVAL PROCESS, OPERATIONS, AND CONSIDERATION 1. Special Use Permit Submission Requirements. For each new well Crestone drills on the Identified Well Pads, the Parties will follow the requirements and procedures outlined in Section 15.48.030 of the Firestone Municipal Code (the "Code") for special use permits, all applications submitted by Crestone will contain the elements prescribed by Section 15.48.040 of the Code, and 2 the Town's board of trustees will review the application using the review criteria outlined in Section 15.48.050 of the Code and the BMPs, as applicable. If the applicable provisions of the Code are amended, Crestone will comply with the most current requirements and procedures for its operations effective at the time of submission. The Town recognizes that time is of the essence with respect to approval of special use permits and will use its best efforts to process Crestone's applications submitted pursuant to this Article II, Section 1 in a prompt and timely manner. To that end, the Town agrees that Town staff review of the applications will take no longer than sixty (60) calendar days after the Town staff determines the application is complete. 2. Crestone's Operations. For each new well Creston drills on the Identified Well Pads, Crestone will operate such well to comply with the BMPs and Sections 15.48.060 through 15.48.200 of the Code. If the applicable provisions of the Code are amended, Crestone will comply with the most current requirements and procedures for its operations effective at the time. 3. Crossing Permits. The Parties intend to minimize the use of tanks by Crestone for development under this Agreement. For all facilities associated with Crestone's oil and gas development, including flowlines, gathering lines, access roads, utility lines, storage tanks, processing and separation facilities, and other production, processing, transportation, and marketing facilities, that require a permit under Section 15.44.010 of the Code, Crestone will follow the procedures and rules set forth in Sections 15.44.020 through 15.44.100 and 15,44.120 through 15,44.150 of the Code. Crestone will make a one-time payment for each crossing permit based on the right-of-way pricing set forth on Appendix D, without minimum consideration. If the applicable provisions of the Code are amended, Crestone will comply with the most current requirements and procedures for its operations effective at the time. The Town will render a decision on each crossing permit application within ninety (90) calendar days after the application is deemed complete. 4. Crestone's Contributions. To offset potential impacts from the Identified Well Pads and associated wells, Crestone will make contributions to the Town as follows: a. Contribution to the Urban Renewal Authority. A one-time contribution of one hundred thousand dollars ($100,000) to the Firestone Urban Renewal Authority for the preparation of an Urban Renewal Plan, which contribution will be made within thirty (30) calendar days after the Effective Date; and b. Contributions for Park and Infrastructure Improvements. A one-time contribution to Firestone of two hundred fifty thousand dollars ($250,000) for each Identified Well Pad (excluding any Identified Well Pads included pursuant to Article I, Section 8), paid within ninety (90) calendar days after the date of first production from such Identified Well Pad as reported by Crestone to the COGCC on Crestone's Completed Interval Report, Form 5A, For planning purposes, Crestone anticipates dates of first production from two (2) Identified Well Pads to occur in 2019 and from two (2) Identified Well Pads to occur in 2020, 5. Submissions to the COGCC. Firestone will not object to any of Crestone's submissions to the COGCC pertaining to the Identified Well Pads and related wells, and, upon Town approval 3 of operations pertaining to a new well, Firestone will promptly notify the COGCC in writing that the Town has approved such operations under its land use review procedures and pursuant to this Agreement. ARTICLE M. OTHER PROVISIONS 1. No Waiver of Rights. The Parties acknowledge and agree that this Agreement will not be used as evidence that either Party has waived any rights to assert its claims concerning the validity of Firestone's land use authority or jurisdiction or Crestone's rights to develop its mineral resources. Nothing herein will be construed as an admission by either Party of any legal right or obligation. 2. Force Majeure. Neither Party will be liable for any delay or failure in performing under this Agreement in the event and to the extent that the delay or failure arises out of causes beyond a Party's reasonable control, including, without limitation, war, civil commotion, act of God, strike or other stoppage (whether partial or total) of labor, any law, decree, regulation or order of any government or governmental body (including any court or tribunal), or inability to obtain permits, licenses, consents, easements, or rights -of way. if any Party is rendered, wholly or in part, unable to carry out its obligations under this Agreement due to any such force majeure event, it is agreed that, upon the affected Party's giving notice and a description of such delay in reasonable detail in writing to the other Party as soon as reasonably possible after the occurrence of the causes relied on, the obligation of the Party giving such notice, so far as it is affected by such condition or event, will be suspended and any time periods will be extended for a period equal to the period of the continuance of the event or condition. 3. Authority to Execute Agreement. Each Party represents that it has the full right and authority to enter into this Agreement. 4. Governing Law. This Agreement will be governed and construed in accordance with the laws of the State of Colorado without reference to its conflicts of laws provisions. 5. No Third -Party Beneficiaries. This Agreement is not intended to, and does not, create any right, benefit, responsibility or obligation that may be enforced by any non-party. Additionally, nothing in this Agreement will entitle any third party to any claims, rights or remedies of any kind. 6. Notices. All notices and other correspondence related to this Agreement will be in writing and will be delivered by: (i) certified mail with return receipt, (ii) hand delivery with signature or delivery receipt provided by a third party courier service (such as FedEx, UPS, etc.), (iii) fax transmission if verification of receipt is obtained, or (iv) email withretum receipt, to the designated representative of the Party as indicated below. A Party may change its designated representative for notice purposes at any time by written notice to the other Party. The initial representatives of the Parties are as follows: Firestone: Town of Firestone 151 Grant Ave P.O. Box 100 9 Firestone, Colorado 80520 Attn: Town Manager Telephone: 303.833.3291 Fax: 303.833.4863 Email: [ ] Crestone: Crestone Peak Resources LLC 1801 California Street, Suite 2500 Denver, Colorado 80202 Attn: David Stewart 720-410-8500 Email: David.Stewart@crestonepr.com 7. Dispute Resolution. If either Party believes that the other Party has violated any provision of this Agreement, the Party claiming that a violation has occurred will send written notice to the other Party, identifying the violation and involving the dispute resolution process in this Section. Upon receiving such written notice, the other Party will have thirty (30) calendar days to remedy the alleged violation, unless such violation involves operations at a well pad site, in which case the time period will be ten (10) days. If the other Party denies the alleged violation, then the Parties will meet to resolve the alleged violation within ten (10) or thirty (30) calendar days (as the case may be) of the date of delivery of the initial written notice. If a resolution of the matter cannot be achieved at the meeting, both Parties agree to make a reasonable effort to work through and with a mutually acceptable mediator to attempt to resolve the dispute. Notwithstanding the foregoing, if either Party believes that the dispute will not otherwise be resolved in a sufficiently prompt and effective manner, such Party may, at its discretion, institute a legal proceeding in a court of proper jurisdiction to seek appropriate remedies. Such remedies may include, without limitation, an injunction to stop an alleged violation or an order requiring the performance of all acts and things required by the Agreement. Provided, however, that no such legal proceeding will be initiated for a period of at least thirty (30) calendar days after delivery of the initial written notice. 11. Amendments to Agreement. No changes, alterations or modifications to any of the provisions hereof will be effective unless contained in a written agreement signed by both Parties. 12. Assignment. Crestone may convey or assign its rights and obligations for any or all of the Identified Well Pads, related facilities, special use permits, and/or associated crossing permits, provided that such conveyance or assignment includes both Crestone's rights and its obligations for the subject Identified Well Pads, related facilities, special use permits, and/or crossing permits. For purposes of this paragraph, Crestone's rights include without limitation its vested development rights upon Town approval, and Crestone's obligations include without limitation its BMP obligations under Appendix A. 13. Surface Use Agreement. Crestone's predecessors -in -interest regarding certain lands in the N/2 of Section 18, Township 2 North, Range 67 West, Weld County, Colorado, the Firestone Finance Authority ("FFA"), and the Town entered into that certain Compatible Development and Surface Use Agreement dated September 25, 2006, which addresses Crestone's use of surface property owned by the Town. Concurrently with execution of this Agreement, Crestone, FFA, and 5 the Town will execute an amendment to such Compatible Development and Surface Use Agreement to address uses of Town property associated with the Identified Well lads, This Agreement will not be effective until Crestone, FFA, and the Town execute such amendment. [Signature page follows.] 6 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by a duly authorized representative on the day and year first above written. FIRESTONE: THE TOWN OF FIRESTONE rSTO By: r,�v Name � a�br ( I• Title: Al s Date: ems: •.,,.,.�.�••� ��; CRESTONE: CRESTONE PEAK RESOURCES LLC B: p(AVIJ Name: ,- C Title: UP Date: I Z~ 6 S APPENDIX A BEST MANAGEMENT PRACTICES FOR PAD SITE LOCATIONS f. Odor Mitigation. To mitigate the effects of odor from Crestone's operations, Crestone will consult with the Town regarding the selection and implementation of appropriate mitigation measures. These mitigation measures may include the following: A. Erect walls around the Identified Well Pads to limit air flow through the well sites during the drilling and completion of wells. These walls will have a minimum height of thirty-two (32) feet, and Crestone will consult with Firestone regarding whether the walls should have a height of more than thirty-two (32) feet at the Johnson, Kugel, and Sheley well pad sites; B. Add odor -suppression liquid to its drilling mud to neutralize odors; C. Install a chiller to cool the drilling fluid as it is piped through the recirculation system before routing to the suction tanks; D. Enclose the suction tank and shaker tanks; E. Continue to evaluate different additive formulations that have the potential to better suppress odors, including but not limited to non -diesel based additives; F. During flowback and well completions, utilize closed -loop green completion techniques to the maximum extent practicable to minimize emissions and the flaring of natural gas; and G. In order to reduce airflow and evaporation, cover trucks transporting drill cuttings, cover the drilling fluid mixing tanks, use a squeegee to remove drilling fluids from pipes as they exit the wellbore, and ensure that all drilling fluid is removed from pipes before storage. 2. Noise Mitigation. To reduce the noise effects on the Town and its residents during drilling, and to provide cost benefits to Crestone, all permanent equipment with engines or motors that can be electrified will be electrified from the power grid, except that operations pertaining to the Bighorn well pad will not be subject to this requirement if electricity from the power grid is not available at the site. If electricity from the power grid is unavailable at the Bighorn well pad, Crestone will use quiet design mufflers (also referred to as hospital grade or dual dissipative) or equivalent, or acoustically insulated housing or covers to enclose the motor or engine at the Bighorn well pad site. Additionally, A. Crestone agrees to use the Liberty Quiet Fleet or comparable technology from an alternative vendor on all well sites for completion operations; B. Crestone will install sound walls on all four sides of the Identified Well Pads during the drilling and completion at a minimum height as set forth in BMP 1.A; and C. Crestone will develop and implement in consultation with the Town a Noise Mitigation and Monitoring Plan that provides for continuous monitoring and modeling from four (4) sides of the facility at least 350 feet from the sound wall where possible provided that approval from surrounding surface owners can be obtained. The plan should identify site -specific noise mitigation techniques such as dirt moving to attenuate noise, and source - based noise mitigation. Crestone will share all information and reports from such monitoring and modeling with the Town, 3. Lighting. Crestone will install down cast lighting or some other form of lighting that mitigates light pollution and spill -over onto adjacent properties; provided, however, that Crestone may still use lighting that is necessary for public and occupational safety. 4. Road Repairs. The Parties recognize that truck traffic accessing the Identified Well Pads may cause damage to Firestone roads and that road repairs may be needed to mitigate such damage. Crestone will arrange for a qualified outside consultant to perform a road impact study for all Firestone roads that are used to access an Identified Well Pad during the Term. The consultant will conduct the first part of the study prior to Crestone's drilling and completions phase of operations at such Identified Well Pad and the second part of the study after Crestone completes all drilling and completions at such Identified Well Pad, The Parties will use these studies to determine the extent of any damage accruing to the road during the study period. Crestone will then promptly pay Firestone to repair such damage or else arrange and pay the cost of such repairs itself based on Firestone's preference. 5. Drilling Pipe and other Large Tubulars Loading. Crestone will not load large tubulars between 7:00 pm and 7:00 am Mountain Time. b. Kugel Landscape Restoration. Crestone will consult with the Town to reduce the Kugel well pad footprint to the extent practicable and to mitigate potential visual effects of the Kugel pad site. A payment for landscaping at the Kugel pad site will be negotiated with and approved by the Town as part of the associated special use permit. APPENDIX B COOPERATIVE DEVELOPMENT AREA MAP [See attached.] a k ARM— OV' :.d� } �+ii�'��'S � +` ,r.. 5 te,�'�✓ �•!�J" y�., f ''gz� a. x9ev r�'+a F ...r.F: s� �'�.�' � r � R. '�°� �� ti:� _,� - iFr 'n?e?•'s Y�^' -� �i'�.�r,�`' ?„F _s:£'.: F"l i � TF" '� 'sY Nat r ;� r yr.... u _ wv ru- rc"'"',,. '4' ti-„MmpycgS y as":,� •aRY*:. ems".. - :qua e , R' ' ° It"• M � + ws1 �Ar. '" i..�^,, �� � �µ+� �,r ,t•7 �' p'?'' "°r,�`�e �y 1�x. �rs� "� G+` a — g��; "'!� _.`� F'S �"." 'i �'�� `�,�'P:"i��w -;.�' '��'�a d!� R •� -R' U,�a,, �'�Y>t ' n .�:GS ;'�'y G ,Mr x ".�?. a ��' h.� ,h��'rti" -a« �� ��; -�'+� .„m. rr$g < .•q-�' M?= 3''k t+-h fr ?5�' �. a•,.1' ! # .� ?.- N a.S v' lr {" r�T, .,wr s' _ti. a y; n' r =. -',, np'a, R°••r;A' '� 'ix's,. r,.:a.r.4 ",' �.�y,R', . ^�, '.- �, • •. �_ �r;',; 'fix"�°k �^ �; Wig d ',,� a"w"` 2 hs >v..:PS>r' � � w a �': i �....� � �, � r F`. y� 4�malFAiIK'dnfp r'�$ ywsC'riF`.<sa .fi' h�iv' -b Cn dLti 4xr'.rT''`. � r{s�l,q .lfilh ` r°aJ ! ¢'WIl ww s M r s°'4'Ys �. bry„i,-�5 iaj; rti ti ru4 #t !x q _d x� ge - a",, t'#s L •�4 a.�,:.. ' ��a � >& �� far^' '�.+� * ', -s � �, � ' • r 5 �i ! i•'�'"„ '; y � T•' °`�1 �� � w �^'' ,yam ., a�'* L" �- �'. `, D;i� �R- P�k `"'F"L` uT!!fiai � ��� ���£1 ax>,�4 � r K! � s - '� fir. ° d� 9 3 " . }r� I�w � �v`� < a^ti�m onv k� w r.� £ � �a� a� a �'c�'-��.. *�• ° x'z`"`i^q�'�"�r�`� ... t:.. ITv.f -.�. y.�.*.�i • r _ y.'-.': -%. - .# It a! x.' �:.- :: y;F fj._.�..1 �.,4N,.y - � x 8W ;•L"'' L.: Y`l�H _'ry "� -Y: ,f "v Atir,�3"'/W.'e,��"1 %�y�v,r ..y `�6 �I� ,� l' Am is ," 1. - 'T} '"wrA�w ,-- -?�u... T. ,� - +-, :1i, -rrnoa v ;:ipy.,;•:# Mr.: Legend Cooperative Development w Area Map ® Crestone Locations O Township (PLSS) Town of Firestone Weld County, Colorado CRESTONE PEAK Section (PLSS] a 6,250 1zsoo RESOURCES Fee! APPENDIX C URBAN GROWTH BOUNDARY [See attached.] LJ. SH 66 +A lit F _ c "SH J119 F1� S bNE,BL\Vb 0 APPENDIX D RIGHT OF WAY PRICING [See attached.] COLORADO State Land Board " Department of Natural Resources Right-of-way Pricing Summary: This pricing will be used as a minimum charge for all rights -of -way delegated to staff for review and approval. The new pricing practices accomplish the following: 1. The pricing procedures align with the objective stated in Right-of-way Policy #400-001. That is, "To accommodate rights -of -way on state trust lands in a manner that minimizes encumbrances while preserving tong -term real estate value, protecting natural values, allowing multiple uses and achieving appropriate market based returns". 2. The right-of-way pricing differentiates between uses that have different impacts on the land. 3. The right-of-way pricing encourages applicants to request the narrowest right-of-way possible to accommodate the desired use. 4. The right-of-way pricing charges for rights -of -way that cross virgin land. Right-of-way Pricing: The Colorado State Land Board's (SLB) approach to pricing rights -of -way on state trust land uses a three step process. 1. Determines a value for the proposed right-of-way based on a fixed -value per measure of length using Table 1 below. The standard measure of length used to describe a right-of-way is the rod. A rod is 16.5 feet in length. 2. Calculate the value of the right-of-way based on the estimated market value of the property that will be encumbered. 3. Factor in any other variables unique to the trust land being encumbered. Use the greater of the two values as the consideration charge. 4. The minimum consideration for any right of way is $5,000. Table 1: ROW Pricing SOW Width in feet and Consideration :Char a isra osed USe P. 0 to 20 21 to 25 26 to 30 31 to 35 36 to 40 41 to 45 46 to 50 Over 50 Underground Installations $ 34.00 $ 42.50 $ 51.00 $ 59,50 $ 68.00 $ 76.50 $ 85.00 Board Decision Private Roads, Ditches and Canals $ 26.00 $ 45.00 $ 54.00 $ 63,00 $ 72.00 $ 81.00 $ 90.00 Board Decision Public Roads, railroads, reservoirs Board Decision Electric Power Transmission Lines $ 38.00 $ 47.50 $ 57.00 $ 66.50 $ 76.00 $ 85.50 $ 95.00 Board with capacity of 230 Kv or less Decision Electric Power Transmission Lines with capacity reater than 230 Kv Board Decision Page 1 of 1 General Information -ROW Revised 09I2015 RESOLUTION 19-75 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND FRANSEN PITTMAN CONSTRUCTION COMPANY REGARDING PRECONSTRUCTION SERVICES FOR THE FIRESTONE TOWN HALL CONSTRUCTION PROJECT WHEREAS, the Town of Firestone (the "Town") is in need of certain preconstruction services in connection with its Town Hall Remodel Construction Project (the "Project"); and WHEREAS, Fransen Pittman Construction Company has the skill and experience to perform the preconstruction services required for the Project, and desires to perform the preconstruction services for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Preconstruction Services Agreement between the Town of Firestone and Fransen Pittman Construction Company is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Preconstruction Services Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 14th day of AAu ust, 2019. TOWN OF FIRESTONE, COLORADO ESTO' B i Sinde ,Mayor AT EST: �E L J Q �c 00 Leah Vanarsdall, Town Clerk O QUNTY, Gw P D AS TO FORM: WilliV IV. Hayashi, Town Attorney nocuSign Envelope ID: CFFAC54D-D298-4D1B-A432-F70B5CB132A2 Project: 'Town Hall expiation Pre Construction Agreement Contractor: Fransen Pittman Total Cost : 10 000 Term: August 151h —October 31It Acct. or P.O. #: FIRESTONE GENERAL CONTRACT - SHORT FORM FOR GOODS AND/OR SERVICES LESS THAN $50,000 THIS AGREEMENT ("Agreement"), is made this lq4day of August 2019, between the Town of Firestone, a Colorado statutory town, hereinafter referred to as "FIRESTONE," whose address is 151 Grant Ave., P.O. Box 100, Firestone, Colorado, 80520, and Fransen Pittman General Contractors, as independent contractor, hereinafter referred to as "CONTRACTOR," whose address is 9563 S. Kingston Court, Suite 200 Englewood, CO 80112, and provides as follows: ARTICLE I SCOPE OF SERVICES Section 1.1 Services: FIRESTONE retains CONTRACTOR, and CONTRACTOR agrees to provide the goods and to perform and complete the work, personal services and/or furnish the necessary equipment, supplies or materials in accordance with and/or as described in Schedule A, hereinafter referred to as the "Project". Schedule A is hereby incorporated by reference and made a part of this Agreement. To the extent that this Agreement and Schedule A conflict, the provisions of this Agreement shall prevail. Additional goods or services beyond those set out in Schedule A, if requested, shall be provided only when authorized in writing by FIRESTONE. Section 1.2 Contract Time: CONTRACTOR shall commence work upon direction to proceed from FIRESTONE and complete the Project on or before October 31, 2019. Section 1.3 Independent Contractor: CONTRACTOR shall at all times control the means and manner by which CONTRACTOR performs the work, subject to FIRESTONE's right to monitor, evaluate and improve such work. CONTRACTOR shall at all times be and act as an independent contractor and not as an employee of FIRESTONE. Section 1.4 Warranty of Contractor: CONTRACTOR warrants that title to all goods, materials and equipment covered and paid for under this Agreement will pass to FIRESTONE, either by incorporation in the Project or upon CONTRACTOR's receipt of payment from FIRESTONE, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances; and that no services, goods, materials or equipment paid for under this Agreement will have been acquired by CONTRACTOR, or by any other person performing services at the site or furnishing materials and equipment for the Project, subject to an agreement under which an Page 11 General Contract— SHORT FORM (Goods and/or services Less Than $50,000) (Form Approved by Town Attorney July 2019) DocuSign Envelope ID: CFFAC54D-D298-4D1B-A432-F70B5CB132A2 interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such other person. CONTRACTOR warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses required by law. All professional services shall be performed timely in accordance with generally accepted professional practices and the level of competency presently maintained by other professionals providing the same general type of work as set forth in Schedule A. ARTICLE U CONTRACT PRICE Section 2.1 Contract Price: In consideration for the completion of the Project by CONTRACTOR in accordance with the terms of this Agreement, FIRESTONE shall pay CONTRACTOR (check and initial below as applicable); ® As described in Schedule A. ❑ _ A fixed sum of $ ❑ Based upon a time, materials and expenses basis, pursuant to the rate schedule attached hereto as Schedule A, but in no event shall the total compensation to CONTRACTOR under this Agreement exceed $ Section 2.2 Payment: FIRESTONE will make payment due to CONTRACTOR for compensation for completed work within thirty (30) days after invoices submitted by CONTRACTOR, which invoice(s) may not be submitted more frequently than monthly. Invoices shall indicate the basis upon which payment is requested, such as percentage of the Project completed, or actual time, materials and expenses. FIRESTONE shall submit invoice disputes, if any, to CONTRACTOR within thirty (30) days for resolution by mutual consent. Section 2.3 Set -Off: In addition to any other rights FIRESTONE has under this Agreement to indemnification or recoupment, CONTRACTOR agrees that FIRESTONE is entitled to set off any amounts it may owe CONTRACTOR under this Agreement against such claims for indemnity or recoupment. Section 2.4 No Multi -Year Fiscal Obligation. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution Article X, Section 20. Notwithstanding any other provision of this Agreement, FIRESTONE's obligations under this Agreement are subject to annual appropriation by the Town Council of the Town of FIRESTONE. Any failure of a Town Council annually to appropriate adequate monies to finance FIRESTONE's obligations under this Agreement shall terminate this Agreement at such time as such then -existing appropriations are to be depleted. Notice shall be given promptly to CONTRACTOR of any failure to appropriate such adequate monies. Page 12 General Contract — SHORT FORM (Goods and/or services Less Than $50.000) (Form Approved by Town Attorney July 2019) DocuSign Envelope ID: CFFAC54D-D298-4D1B-A432-F70B5CB132A2 Section 2.5 Appropriation: If this is a contract for the design or construction, or both the design and construction of a public works project, FIRESTONE has appropriated funds equal to or in excess of the Contract Price, ARTICLE III ADMINISTRATION OF THIS AGREEMENT Section 3.1 Project Performance: In consideration of the compensation provided for in this Agreement, CONTRACTOR agrees to perform or supply the Project, in accordance with generally accepted standards and practices of the industry and warrants that all materials incorporated in the Project be free from defect of material or workmanship and conform strictly to the specifications, drawings or samples specified or furnished. This Section 3.1 shall survive any inspection, delivery, acceptance or payment by FIRESTONE. Section 3.2 Ownersh ip and Use of Documents: (check and initial all that apply) ❑ (a) The following Sections 3.2(a)(1) and (2) are applicable to design professionals (architects, engineers, etc.): (1) The documents prepared by CONTRACTOR in connection with the Project and copies thereof furnished to other parties are for use solely with respect to the Project. Such documents are not to be used by any other contractor or subcontractor on other projects or for additions to this Project outside the scope of the work under this Agreement without the specific written consent of FIRESTONE and CONTRACTOR. Other contractors and subcontractors are authorized to use and reproduce applicable portions of the documents prepared by CONTRACTOR appropriate to and for use in the execution of their work under this Agreement. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the documents prepared by CONTRACTOR. (2) Notwithstanding the provisions of Section 3.2(a)(1) above, FIRESTONE may utilize any such documents generated in connection with the Project by CONTRACTOR for other projects, provided that CONTRACTOR is not held liable for future project applications other than the Project described pursuant to this Agreement. ® (b) The following Sections 3.2(b)(1) through (3) are applicable to nonprofessionals (contractors, suppliers, etc.): (1) Any documents prepared by CONTRACTOR, and copies thereof furnished to other parties are for use solely with respect to this Project. They are not to be used by any other contractor or subcontractor on other projects or for additions to this Project outside the scope of the work without the specific written consent of FIRESTONE and CONTRACTOR. Other contractors and subcontractors are authorized to use and reproduce applicable portions of the documents prepared by the CONTRACTOR appropriate to and for use in the execution of their work under this Agreement. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the documents prepared by CONTRACTOR. Page 13 General Contract— SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attomey July 2019) DocuSign Envelope ID: CFFAC54D-D298-4D1B-A432-F70B5CB132A2 (2) CONTRACTOR, and any subcontractor or supplier or other person or organization performing or furnishing any work for the Project under a direct or indirect contract with FIRESTONE (i) shall not have or acquire any title to or ownership rights in any of any documents (or copies of documents) prepared in connection with the Project by a design professional, and (ii) shall not reuse any of such documents or copies for extensions of the Project or any other project without written consent of FIRESTONE and the design professional and specific written verification or adaption by the design professional. (3) Notwithstanding the provisions of Sections 3.2(b)(1) and (2) above, FIRESTONE may utilize any documents generated in connection with the Project by a design professional or CONTRACTOR for other projects, provided that such design professional and CONTRACTOR are not held liable for future project applications other than the Project described pursuant to this Agreement, FIRESTONE shall not convey any such documents generated by CONTRACTOR to a third party or use any such documents in a manner adverse to the CONTRACTOR. Section 3.3 Insurance: CONTRACTOR shall at its own expense keep in full force and effect during the term of this Agreement and during the term of any extension or amendment of this Agreement, insurance as stated below: (a) Commercial General Liability Insurance with minimum combined single limits of One Million Dollars and No Cents ($1,000,000.00) for each occurrence and One Million Five Hundred Thousand Dollars and No Cents ($1,500,000,00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall endorse FIRESTONE and its employees and agents as additional insureds. Additionally, the policy shall provide that such insurance is primary coverage with respect to work contemplated under this Agreement by all insureds and additional insureds. (b) If professional services are provided, Professional Liability Insurance with limits of One Million Dollars and No Cents ($1,000,000.00) per claim and One Million Five Hundred Thousand Dollars and No Cents ($1,500,000.00) aggregate. This policy shall remain in force for the period of design and construction and shall include a discovery period of three years, to commence upon substantial completion of the Project. (c) Workers' Compensation Insurance to cover all obligations imposed by applicable laws for all of CONTRACTOR's employees engaged in the performance of work under this Agreement, based on statutory limits prescribed by and in accordance with Colorado law. In the event any services are performed by a subcontractor, CONTRACTOR shall require such subcontractor to provide workers' compensation insurance for its employees. (d) Comprehensive Automotive Liability Insurance for the duration of this Agreement covering all owned, non -owned, and hired vehicles used in connection with the work Page fa Genera! Contract — SHORT FORM (Goods and/or services Less Than $50,000) (Form Approved by Town Attorney July 2019) DocuSign Envelope ID: CFFAC54D-D296-4D1B-A432-F70B5CB132A2 performed by or on behalf of CONTRACTOR under this Agreement in an amount not less than Five Hundred Thousand Dollars and No Cents ($500,000.00) combined single limit per occurrence for bodily injury and property damage. (e) All of the insurance policies required above shall be written and issued by responsible companies authorized to do business under the laws of the State of Colorado. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of CONTRACTOR. A copy of each such policy or certificate shall be provided to FIRESTONE within five (5) business days of the complete execution of this Agreement and shall be attached to this Agreement. CONTRACTOR shall be responsible for notifying FIRESTONE within five (5) business days of any material modification to, or cancellation of, these policies during the term of this Agreement, including but not limited to, any pending or paid claims against the aggregate amount of the policy, and of any cancellation of coverage for non-payment. Section 3.4 Colorado Government Immunity Act: The parties hereto understand and agree that FIRESTONE is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary Iimitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq., as may be amended, or those otherwise available to FIRESTONE, its officers or its employees. Section 3.5 Indemnification: CONTRACTOR shall defend, indemnify and hold harmless FIRESTONE and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from this Agreement, to the extent that such claim, damage, loss or expense is caused, or alleged to be caused, in whole or in part, by any negligent, reckless or intentional act or omission of CONTRACTOR or anyone directly employed by CONTRACTOR or anyone for whose acts CONTRACTOR may be liable. Section 3.6 Subcontractor(s); CONTRACTOR shall, as soon as practicable after the signing of this Agreement, notify FIRESTONE in writing for FIRESTONE's approval, of any subcontractors who may be involved in the Project and the general scope of work to be performed by each subcontractor. FIRESTONE may, in its reasonable discretion, reject any proposed subcontractor, in which case CONTRACTOR shall either perform such component or the work itself, or secure a subcontractor acceptable to FIRESTONE. Section 3.7 Termination for Convenience: This Agreement may be terminated by FIRESTONE without cause upon seven (7) days written notice to the CONTRACTOR. In the event of termination, FIRESTONE will pay CONTRACTOR for all services satisfactorily performed and for goods provided to date of termination. If payment is otherwise due in a fixed sum, FIRESTONE will pay CONTRACTOR for the pro rata value of the completed portion of the Project. If, however, CONTRACTOR has substantially or materially breached the standards or terms of this Agreement, FIRESTONE shall have any remedy or right to set off available at law and equity. Page 15 General Contract —SHORT FORM (Goods and/or services Less Than $50,000) (Form Approved by Town Attorney July 2019) DocuSign Envelope 1D: CFFAC54D-D298-4DiB-A432-F70B5CB132A2 Section 3.8 Binding Effect/Non-Assi ng ability: FIRESTONE and CONTRACTOR each binds itself, its successors and assigns to the other party to this Agreement with respect to all rights and obligations under this Agreement, Neither FIRESTONE nor CONTRACTOR shall assign or transfer its interest in, or obligations under, this Agreement without the written consent of the other. Section 3.9 Compliance with Law: CONTRACTOR agrees to perform the work in compliance with all applicable federal, state, county and Town laws, ordinances, rules and regulations, including, without limitations, any preference for Colorado labor as may be required pursuant to Article 17, of Title 8 of the Colorado Revised Statutes (the "Keep lobs in Colorado Act") as may be amended. Section 3.10 Immigration Status Obligations: (a) CONTRACTOR certifies, through signature of its authorized representative executing this Agreement, that it does not knowingly employ or contract with an illegal alien who will perform work under the public contract for services and that the CONTRACTOR will participate in the United States Government's E-Verify Program or the State of Colorado Department of Labor and Employment Program ("Department Program") in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. (b) CONTRACTOR shall not: (1) Knowingly employ or contract with an illegal alien to perform work under this Agreement; or (2) Enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. (c) CONTRACTOR shall affirm as required by C.R.S. § 8-17.5-102 (c) (11) as may be amended, the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the E-Verify Program or the Department Program. (d) CONTRACTOR is prohibited from using the E-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while the public contract for services is being performed. (e) If CONTRACTOR obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, CONTRACTOR shall be required to: (1) Notify the subcontractor and FIRESTONE within three days that the CONTRACTOR has actual knowledge that the subcontractor is employing or Page 16 General Contract — SHORT FORM (Goods an&or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) DocuSign Envelope ID: CFFAC54D-D298-4D1 B A432-F70B5CB132A2 contracting with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub -subparagraph (13)(2) the subcontractor does not stop employing or contracting with the illegal alien; except that the CONTRACTOR shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (f) CONTRACTOR shall comply with all rules and regulations and any reasonable request by the State Department of Labor and Employment made in the course of the Department's performance of its lawful duties pursuant to C.R.S. 8-17.5-101 et seq., as may be amended, (g) If CONTRACTOR violates any of the provisions set forth in this section, FIRESTONE may terminate the Agreement and CONTRACTOR shall be liable for all actual and consequential damages incurred by FIRESTONE. Section 3.11 Notice and Communications: Any notice to the parties required under this Agreement shall be in writing, delivered to the person designated below for the parties at the indicated address unless otherwise designated in writing. Only mailing by United States mail or hand delivery shall be utilized for notice required to be given under this Agreement. Facsimile and e-mail addresses are provided for convenience only. However, copies of mailed or hand - delivered notices may be sent to the parties via e-mail or facsimile. FIRESTONE: CONTRACTOR: Town of FIRESTONE 151 Grant Street (PO Box 100) Firestone, Colorado 80520 Attn: A.J. Krieger Telephone: 303,531,6255 E-mail: akrieger@firestoneco.gov Fransen Pittman General Contractor 9563 S. Kingston Court, Suite 200 Englewood, CO 80112 Attn: John C. Pittman Telephone: 303.783.3900 E-mail: jpittman@fransenpittrnan.com fransenpittman.com ARTICLE IV RESPONSIBILITIES OF FIRESTONE Section 4.1 Project Materials/Confidentiality.: FIRESTONE shall provide CONTRACTOR with data, information, reports and other such documentation as may be reasonably available to FIRESTONE, and reasonably required by CONTRACTOR to perform services under this Agreement. No information shall, unless as required by law, be disclosed by CONTRACTOR to third parties without prior written consent of FIRESTONE. All documents provided by FIRESTONE to CONTRACTOR shal I be returned to FIRESTONE. CONTRACTOR is authorized by FIRESTONE to retain copies of such data and materials at CONTRACTOR'S EXPENSE. Page 17 General Contract —SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) DocuSign Envelope ID: CFFAC54D-D298-4D1B-A432-F70B5CB132A2 Section 4.2 Access to Property and Records: FIRESTONE shall provide CONTRACTOR with access to its property as required and necessary to complete the Agreement. To the extent required by law, FIRESTONE and CONTRACTOR agree to make this Agreement and any related records available for public disclosure pursuant to any open records law, including, without limitation, the Colorado Open Records Act, C.R.S. §§ 24-72-101, et seq. as may be amended. CONTRACTOR agrees to hold FIRESTONE harmless from the disclosure of any records that FIRESTONE reasonably believes it is legally required to disclose. Section 4.3 FIRESTONE's Representative: FIRESTONE shall designate, in writing, a representative who shall have authority to act for FIRESTONE with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define FIRESTONE's policies and decisions with respect to materials, equipment, elements and systems pertinent to CONTRACTOR's services. ARTICLE V MISCELLANEOUS Section 5.1 Colorado Law: This Agreement is to be governed by the laws of the State of Colorado. Venue for any litigation shall be in Weld County. Section 5.2 Amendments; Change Orders: This Agreement may only be amended, supplemented or modified in a written document signed by both parties (a "Change Order"). If this is a contract for the design or construction, or both the design and construction of a public works project, no change in the Contract Price requiring additional compensable work to be performed, which work causes the aggregate amount payable under this Agreement to exceed the amount appropriated for the original Agreement, shall be valid, unless FIRESTONE gives CONTRACTOR written assurance that lawful appropriations to cover the costs of the additional work have been made and the appropriations are available prior to the performance of the additional work, or unless such work is covered under a remedy -granting provision in this Agreement. Section 5.3 Counterparts. This Agreement may be executed in two or more counterparts, using manual or facsimile signature, each of which shall be deemed an original and all of which together shall constitute one and the same document. Section 5.4. Severability: If any term, covenant, or condition of this Agreement is deemed by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be binding upon the parties. Section 5.5. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all other prior and contemporaneous agreements, representations, and understandings of the parties regarding the subject matter of this Agreement. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by the parties. No representations or warranties whatever are made by any party to this Agreement except as specifically set forth in this Agreement or in any instrument delivered pursuant to this Agreement. Page 18 Genaral Contract — SHORT FORM (Goods and/or Services Less Than $50,000) (Fontt Approved by Town Attorney July 2019) DocuSign Envelope ID! CFFAC54D-D298-4D1B-A432-F7DB5CB132A2 Section 5.6. Default/Attorne 's Fees: In the event of default of any of the provisions herein, the defaulting party shall be liable to the non -defaulting party for all reasonable attorney fees, legal expenses and costs incurred as a result of the default. Section 5.7, No Waiver: Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by FIRESTONE shall not constitute a waiver of any of the other terms or obligations of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement the day first written above. TOWN OF FIRESTONE By: -7-0 a, V i f� 44 Name. Title: I\ pATTEST- ST TOWCWSBAL N Leah Vanarsdall, Town ClerkNcc APPR AS TO FORM: 4) William P. Hayashi, Town Attorney CONTRACTOR Docu8lgmd by: . Plff�au. By. 71742DW9 n i Tzman Name: T;rIP- President Page 19 General Contract— SHORT FORM (Goods and/or services Less Than $50,000) (Form Approved by Town Attorney July 2019) DocuSign Envelope ID: CFFAC54D-D298-4D1B-A432-F70B5CB132A2 SCHEDULE A (Attached to and made a part of the Agreement between the Town of Firestone and dated ) FRANSEN PITTMAN EXPECT PRECISION LETTER OF AGREEMENT This Agreement is made this 14' day of Augustin the year two thousand and nineteen by and between: OWNER: Town of Firestone 151 Grant Ave Firestone, CO 80520 CONTRACTOR: Fransen Pittman Construction Company, Inc. 9S63 S. Kingston Ct. Englewood, CO 80112 For the Preconstruction Services in covinection with the following: PROJECT: Firestone Town Hall: Addition and Remodel THE AGREEMENT It is the intent of the Owner and Contractor to negotiate in good faith the terms and provisions of an Agreement for the construction of this Project in accordance with the Owner's budget, schedule and scope requirements to be determined by the Owner in its sole discretion. THE PROJECT BUDGET: Anticipated Hard Construction Cost will be approximately TBD SCHEDULE: Construction start is anticipated to be November 15t, 2019 with Completion in July 31', 2020. SCOPE: Preconstruction Services during the planning and design of Firestone Town Hall Addition & Remodel CONTRACTOR'S RESPONSIBILITIES The Contractor will provide the Preconstruction Services required by the Project to facilitate the Architect's development of the Project Plans and Specifications to accommodate a timely commencement of the Project. These services specifically include: Page 110 General Contract —SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) DocuSign Envelope ID: CFFAC54D-D298-4DiB-A432-F70B5CB132A2 ■ Preliminary Evaluation The Contractor shall provide a preliminary evaluation of the Owner's Program, Budget and Schedule requirements each in terms of the other. ■ Consultation The Contractor, with the Architect, shall jointly schedule and attend regular meetings with the Owner. The Contractor shall consult with the Owner and Architect regarding site use and improvements and the selection of materials, building systems and equipment. The Contractor shall provide recommendations on; o construction feasibility; o actions designed to minimize adverse effects of labor or material shortages; o time requirements for procurement, installation and construction completion; o Factors related to construction costs including estimates of alternative designs or materials, preliminary budgets and possible economies. ■ Preliminary Project Schedule When Project requirements have been sufficiently identified, the Contractor shall prepare, and periodically update, a Preliminary Project Schedule for the Architect's review and the Owner's approval. The Contractor shall obtain the Architect's approval of the portion of the Preliminary Project Schedule relating to the performance of the Architect's services. The Contractor shall coordinate and integrate the Preliminary Project Schedule with the services and activities of the Owner, Architect and Contractor. As design proceeds, the Preliminary Project Schedule shall be updated to indicate: o proposed activity sequences and durations; o milestone dates for receipt and approval of pertinent Information; o submittal of the Guaranteed Maximum Price Estimate; o preparation and processing of shop drawings and samples; o delivery of materials or equipment requiring long --lead—time procurement; o Owner's occupancy requirements showing portions of the Project having occupancy priority; o Estimated date of Substantial Completion, If Preliminary Project Schedule updates indicate that previously approved schedules may not be met, the Contractor shall make appropriate recommendations to the Owner and Architect. ■ Phased Construction The Contractor shall make recommendations to the Owner and Architect regarding the phased issuance of Drawings and Specifications to facilitate Phased Construction of the Work, if such Phased Construction is appropriate for the Project, taking into consideration such factors as: o economies; o time of performance; o availability of labor and materials; a Provisions for temporary facilities. Page III General Contract— SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) DocuSign Envelope ID: CFFAC54D-D29B-4D1B-A432-F70B5CB132A2 ■ Cost Estimates When the Owner has sufficiently identified the Project requirements and the Architect has prepared basic design criteria, the Contractor shall prepare, for the review of the Architect and approval of the Owner, a Conceptual Cost Estimate utilizing area, volume or similar conceptual estimating techniques to establish a baseline cost for the Project, A Trend Log will be established along with a Preliminary Construction Schedule. When Schematic Design Documents have been prepared by the Architect and approved by the Owner, the Contractor shall prepare, for the review of the Architect and approval of the Owner, a more detailed estimate with value engineering options for major building components. The Trend Log and Schedule will be revised accordingly. During the preparation of the Design Development Documents, the Contractor shall prepare a detailed estimate with supporting data for review by the Architect and approval by the Owner. The Guaranteed Maximum Price may be determined and long -lead -items may be procured at this time. The Trend Log and Schedule will reflect all changes. At the completion of Construction Documents, all details and finishes will be finalized and final pricing will be determined. If any estimate submitted to the Owner exceeds previously approved estimates or the Owner's budget, the Contractor shall make appropriate recommendations to the Owner and Architect. ■ Subcontractors and Suppliers The Contractor shall seek to develop Subcontractor Interest In the Project and shall furnish to the Owner and Architect for their information, per the Contractor's Schedule, a list of possible Subcontractors, including Suppliers who are to furnish materials or equipment fabricated to a special design, from which proposals will be requested for each principal portion of the Work. The Architect will promptly reply in writing to the Contractor if the Architect or Owner has any objection to such Subcontractor or Supplier. The receipt of such list shall not require the Owner or Architect to investigate the qualifications of proposed Subcontractors or Suppliers, nor shall it waive the right of the Owner or Architect later to object to or reject any proposed Subcontractor or Supplier. ■ Long -Lead -'lime Items The Contractor shall recommend to the Owner and Architect a schedule for procurement of long —lead— time items that will constitute part of the Work as required meeting the Project Schedule. If such long — lead —time items are procured by the Owner, they shall be procured on terms and conditions acceptable to the Contractor. Upon the Owner's approval of the Guaranteed Maximum Price Estimate, all contracts for such Items shall be assigned by the Owner to the Contractor, who shall accept responsibility for such items as if procured by the Contractor. The Contractor shall expedite the delivery of long —lead—time items. ■ Extent of Responsibility The Contractor agrees to exercise reasonable skill and judgment in the preparation of schedules and estimates, but does not warrant or guarantee any schedule or estimate or line item within such estimates, even though approved by the Owner; including the Guaranteed Maximum Price Estimate and the estimated date of Substantial Completion. The recommendations and advice of the Contractor concerning design alternatives shall be subject to the review and approval of the Owner and the Page 112 General Contract —SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) DocuSign Envelope 1D: CFFAC54D-D298-4D1B-A432-F70B5CB132A2 Owner's professional consultants. It Is not the Contractor's responsibility to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, and ordinances, building codes, rules or regulations. However, if the Contractor recognizes that portions of the Drawings and Specifications are at variance, the Contractor shall promptly notify the Architect and Owner in writing. = Guaranteed Maximum Price Estimate In accordance with the Preliminary Project Schedule, the Contractor shall prepare and submit to the Owner in writing a Guaranteed Maximum Price Estimate. As the Drawings and Specifications may not be finished at the time that the Guaranteed Maximum Price Estimate is prepared, the Contractor shall provide in the Guaranteed Maximum Price Estimate for further development of the Drawings and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable there from. Such further development does not Include such items as changes In scope, systems, kinds and quality of materials, finishes or equipment. The Guaranteed Maximum Price Estimate shall include; o a list of the Drawings and Specifications, including all Addenda thereto and the Conditions of the Contract; o a list of the Clarifications and Assumptions made by the Contractor In the preparation of the Guaranteed Maximum Price Estimate to supplement the Information contained in the Drawings and Specifications; o a statement of the estimated Cost of the Work organized by trade categories or systems; o A statement of the estimated date of commencement of the Construction Phase and the estimated date of Substantial Completion, with a schedule of the construction documents issuance dates upon which the estimated date of Substantial Completion is based. The Contractor shall meet with the Owner and Architect to review the Guaranteed Maximum Price Estimate. In the event that the Owner or Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Contractor, who shall make appropriate adjustments to the Guaranteed Maximum Price Estimate. When the Guaranteed Maximum Price Estimate is acceptable to the Owner, the Owner shall approve it in writing. The Owner shall authorize and cause the Architect to revise the Drawings and Specifications to the extent necessary to reflect the agreed —upon Assumptions and Clarifications on which the Guaranteed Maximum Price Estimate is based. Such revised Drawings and Specifications shall be furnished to the Contractor in accordance with schedules agreed to by the Owner, Architect and Contractor. The Contractor shall promptly notify the Architect and Owner if such revised Drawings and Specifications are inconsistent with the agreed —upon Assumptions and Clarifications. OWNER'S RESPONSIBILITIES ■ To provide, at its expense, to the Contractor, information reasonably available regarding the Project including; o the Owner's objectives, o budgets, Page 113 General Contract— SHORT FORM (Goods and/or Services less Than $50,000) (Form Approved by Town Attorney July 2019) DocuSign Envelope ID: CFFAC54D-D298-4D1B-A432-F70B5CB132A2 a time criteria, o Soils Reports, o environmental studies, o financing plans, o Site surveys that are presently available or that the Owner and Contractor reasonably agree are required. ■ To review and approve the Project Scope, Schedules and Estimates at each design phase in a timely manner in order to meet Project milestones. ■ To review and accept or reject value engineering and cost reduction or addition options timely to maintain the Schedule. The Owner will be responsible for the inclusion of such changes incorporated into subsequent design document issuances. ■ To provide the Contractor with regular and timely updates regarding status of planning, zoning and design review process. ■ To exercise reasonable efforts so that Agreements with the Architect, Engineers and Consultants are written and administered to facilitate successful execution of this Agreement. ■ To pay all printing and distribution costs of any job related drawings or specifications. COMPENSATION The Contractor shall receive a fee of ($10,000.00) for Preconstruction Services. This will be billed in 3 equal payments of approximately ($3,333) billed at the end of August, September, and October the design process. Payments for Preconstruction Services and any reimbursable expenses will be due within twenty (20) days of receipt of Invoice. The total amount will be due by the completion of the Construction Documents regardless of whether the Owner does or does not continue with the Contractor for Construction Services. OWNER TOWN OF FIRESTONE 151Grant Ave a e�'o,�$ Firestone, CO 80520 „� � e r �1 1■ General Contract —SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney duly 2019) CONTRACTOR. N PITTMAN CONSTRICTION MPANY, INC. 5 DocuSkpnsd by: P&.' i ii42"w"4r DUBC... 8/20/2019 John C. Pittman President Page 114 Project: Town Hall expiation Pre Construction Agreement Contractor: Fransen Pittman Total Cost :$10,000 Term: August 15"..—October 3151 Acct. or P.O. #: —.000 Q, - 0�1 FIRESTONE GENERAL CONTRACT - SHORT FORM FOR GOODS AND/OR SERVICES LESS THAN $50,000 THIS AGREEMENT ("Agreement"), is made this ` r - day of August 2019, between the Town of firestone, a Colorado statutory town, hereinafter referred to as "FIRESTONE," whose address is 1.51 Grant Ave., P.O. Box 100, firestone, Colorado, 80520, and Fransen Pittman General Contractors, as independent contractor, hereinafter referred to as "CONTRACTOR," whose address is 9563 S. Kingston Court, Suite 200 Englewood, CO 80112, and provides as follows: ARTICLE I SCOPE OF SERVICES Section 1.1 Services: FIRESTONE retains CONTRACTOR, and CONTRACTOR agrees to provide the goods and to perform and complete the work, personal services and/or furnish the necessary equipment, supplies or materials in accordance with and/or as described in Schedule A_, hereinafter referred to as the "Project". Schedule A is hereby incorporated by reference and made a part of this Agreement. To the extent that this Agreement and Schedule A conflict, the provisions of this Agreement shall prevail. Additional goods or services beyond those set out in Schedule A, if requested, shall be provided only when authorized in writing by FIRESTONE. Section 1.2 Contract Time: CONTRACTOR shall commence work upon direction to proceed from FIRESTONE and complete the Project on or before October 31, 2019. Section 1.3 Independent Contractor: CONTRACTOR shall at all times control the means and manner by which CONTRACTOR performs the work, subject to FIRESTONE's right to monitor, evaluate and improve such work. CONTRACTOR shall at all times be and act as an independent contractor and not as an employee of FIRESTONE. Section 1.4 Warranty of Contractor: CONTRACTOR warrants that title to all goods, materials and equipment covered and paid for under this Agreement will pass to FIRESTONE, either by incorporation in the Project or upon CONTRACTOR's receipt of payment from FIRESTONE, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances; and that no services, goods, materials or equipment paid for under this Agreement will have been acquired by CONTRACTOR, or by any other person performing services at the site or furnishing materials and equipment for the Project, subject to an agreement under which an Page 11 General Contract — SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such other person. CONTRACTOR warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses required by law. All professional services shall be performed timely in accordance with generally accepted professional practices and the level of competency presently maintained by other professionals providing the same general type of work as set forth in Schedule A. ARTICLE II CONTRACT PRICE Section 2.1 Contract Price: In consideration for the completion of the Project by CONTRACTOR in accordance with the terms of this Agreement, FIRESTONE shall pay CONTRACTOR (check and initial below as applicable): ® As described in Schedule A. ❑ A fixed sum of $ ❑ Based upon a time, materials and expenses basis, pursuant to the rate schedule attached hereto as Schedule A, but in no event shall the total compensation to CONTRACTOR under this Agreement exceed $ Section 2.2 Payment: FIRESTONE will make payment due to CONTRACTOR for compensation for completed work within thirty (30) days after invoices submitted by CONTRACTOR, which invoice(s) may not be submitted more frequently than monthly. Invoices shall indicate the basis upon which payment is requested, such as percentage of the Project completed, or actual time, materials and expenses. FIRESTONE shall submit invoice disputes, if any, to CONTRACTOR within thirty (30) days for resolution by mutual consent. Section 2.3 Set -Off. In addition to any other rights FIRESTONE has under this Agreement to indemnification or recoupment, CONTRACTOR agrees that FIRESTONE is entitled to set off any amounts it may owe CONTRACTOR under this Agreement against such claims for indemnity or recoupment. Section 2.4 No Multi -Year Fiscal Obligation. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution Article X, Section 20. Notwithstanding any other provision of this Agreement, FIRESTONE's obligations under this Agreement are subject to annual appropriation by the Town Council of the Town of FIRESTONE. Any failure of a Town Council annually to appropriate adequate monies to finance FIRESTONE's obligations under this Agreement shall terminate this Agreement at such time as such then -existing appropriations are to be depleted. Notice shall be given promptly to CONTRACTOR of any failure to appropriate such adequate monies. Page 12 General Contract — SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) Section 2.5 Appropriation: If this is a contract for the design or construction, or both the design and construction of a public works project, FIRESTONE has appropriated funds equal to or in excess of the Contract Price. ARTICLE III ADMINISTRATION OF THIS AGREEMENT Section 3.1 Project Performance: Inconsideration of the compensation provided for in this Agreement, CONTRACTOR agrees to perform or supply the Project, in accordance with generally accepted standards and practices of the industry and warrants that all materials incorporated in the Project be free from defect of material or workmanship and conform strictly to the specifications, drawings or samples specified or furnished. This Section 3.1 shall survive any inspection, delivery, acceptance or payment by FIRESTONE. Section 3.2 Ownership and Use of Documents: (check and initial all that apply) ❑ (a) The following Sections 3.2(a)(1) and (2) are applicable to design professionals (architects, engineers, etc.): (1) The documents prepared by CONTRACTOR in connection with the Project and copies thereof furnished to other parties are for use solely with respect to the Project. Such documents are not to be used by any other contractor or subcontractor on other projects or for additions to this Project outside the scope of the work under this Agreement without the specific written consent of FIRESTONE and CONTRACTOR. Other contractors and subcontractors are authorized to use and reproduce applicable portions of the documents prepared by CONTRACTOR appropriate to and for use in the execution of their work under this Agreement. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the documents prepared by CONTRACTOR. (2) Notwithstanding the provisions of Section 3.2(a)(1) above, FIRESTONE may utilize any such documents generated in connection with the Project by CONTRACTOR for other projects, provided that CONTRACTOR is not held liable for future project applications other than the Project described pursuant to this Agreement. ® (b) The following Sections 3.2(b)(1) through (3) are applicable to nonprofessionals (contractors, suppliers, etc.): (1) Any documents prepared by CONTRACTOR, and copies thereof furnished to other parties are for use solely with respect to this Project. They are not to be used by any other contractor or subcontractor on other projects or for additions to this Project outside the scope of the work without the specific written consent of FIRESTONE and CONTRACTOR. Other contractors and subcontractors are authorized to use and reproduce applicable portions of the documents prepared by the CONTRACTOR appropriate to and for use in the execution of their work under this Agreement. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the documents prepared by CONTRACTOR. Page {3 General Contract— SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) (2) CONTRACTOR, and any subcontractor or supplier or other person or organization performing or furnishing any work for the Project under a direct or indirect contract with FIRESTONE (i) shall not have or acquire any title to or ownership rights in any of any documents (or copies of documents) prepared in connection with the Project by a design professional, and (ii) shall not reuse any of such documents or copies for extensions of the Project or any other project without written consent of FIRESTONE and the design professional and specific written verification or adaption by the design professional. (3) Notwithstanding the provisions of Sections 3.2(b)(1) and (2) above, FIRESTONE may utilize any documents generated in connection with the Project by a design professional or CONTRACTOR for other projects, provided that such design professional and CONTRACTOR are not held liable for future project applications other than the Project described pursuant to this Agreement. FIRESTONE shall not convey any such documents generated by CONTRACTOR to a third party or use any such documents in a manner adverse to the CONTRACTOR. Section 3.3 Insurance: CONTRACTOR shall at its own expense keep in full force and effect during the term of this Agreement and during the term of any extension or amendment of this Agreement, insurance as stated below: (a) Commercial General Liability Insurance with minimum combined single limits of One Million Dollars and No Cents ($1,000,000.00) for each occurrence and One Million Five Hundred Thousand Dollars and No Cents ($1,500,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall endorse FIRESTONE and its employees and agents as additional insureds. Additionally, the policy shall provide that such insurance is primary coverage with respect to work contemplated under this Agreement by all insureds and additional insureds. (b) If professional services are provided, Professional Liability Insurance with limits of One Million Dollars and No Cents ($1,000,000.00) per claim and One Million Five Hundred Thousand Dollars and No Cents ($1,500,000.00) aggregate. This policy shall remain in force for the period of design and construction and shall include a discovery period of three years, to commence upon substantial completion of the Project. (c) Workers' Compensation Insurance to cover all obligations imposed by applicable laws for all of CONTRACTOR's employees engaged in the performance of work under this Agreement, based on statutory limits prescribed by and in accordance with Colorado law. In the event any services are performed by a subcontractor, CONTRACTOR shall require such subcontractor to provide workers' compensation insurance for its employees. (d) Comprehensive Automotive Liability Insurance for the duration of this Agreement covering all owned, non -owned, and hired vehicles used in connection with the work Page 14 Genera! Contract— SHOAT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) performed by or on behalf of CONTRACTOR under this Agreement in an amount not less than Five Hundred Thousand Dollars and No Cents ($500,000.00) combined single limit per occurrence for bodily injury and property damage. (e) All of the insurance policies required above shall be written and issued by responsible companies authorized to do business under the laws of the State of Colorado. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of CONTRACTOR. A copy of each such policy or certificate shall be provided to FIRESTONE within five (5) business days of the complete execution of this Agreement and shall be attached to this Agreement. CONTRACTOR shall be responsible for notifying FIRESTONE within five (5) business days of any material modification to, or cancellation of, these policies during the term of this Agreement, including but not limited to, any pending or paid claims against the aggregate amount of the policy, and of any cancellation of coverage for non-payment. Section 3.4 Colorado Government Immunity Act: The parties hereto understand and agree that FIRESTONE is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq., as may be amended, or those otherwise available to FIRESTONE, its officers or its employees. Section 3.5 Indemnification: CONTRACTOR shall defend, indemnify and hold harmless FIRESTONE and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from this Agreement, to the extent that such claim, damage, loss or expense is caused, or alleged to be caused, in whole or in part, by any negligent, reckless or intentional act or omission of CONTRACTOR or anyone directly employed by CONTRACTOR or anyone for whose acts CONTRACTOR may be liable. Section 3.6 Subcontractors : CONTRACTOR shall, as soon as practicable after the signing of this Agreement, notify FIRESTONE in writing for FIRESTONE's approval, of any subcontractors who may be involved in the Project and the general scope of work to be performed by each subcontractor. FIRESTONE may, in its reasonable discretion, reject any proposed subcontractor, in which case CONTRACTOR shall either perform such component or the work itself, or secure a subcontractor acceptable to FIRESTONE. Section 3.7 Termination for Convenience: This Agreement may be terminated by FIRESTONE without cause upon seven (7) days written notice to the CONTRACTOR. In the event of termination, FIRESTONE will pay CONTRACTOR for all services satisfactorily performed and for goods provided to date of termination. If payment is otherwise due in a fixed sum, FIRESTONE will pay CONTRACTOR for the pro rata value of the completed portion of the Project. If, however, CONTRACTOR has substantially or materially breached the standards or terms of this Agreement, FIRESTONE shall have any remedy or right to set off available at law and equity. Page �S General Contract — SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) Section 3.8 Binding Effect/Non-Assignability: FIRESTONE and CONTRACTOR each binds itself, its successors and assigns to the other party to this Agreement with respect to all rights and obligations under this Agreement. Neither FIRESTONE nor CONTRACTOR shall assign or transfer its interest in, or obligations under, this Agreement without the written consent of the other. Section 3.9 Compliance with Law: CONTRACTOR agrees to perform the work in compliance with all applicable federal, state, county and Town laws, ordinances, rules and regulations, including, without limitations, any preference for Colorado labor as may be required pursuant to Article 17, of Title 8 of the Colorado Revised Statutes (the "Keep Jobs in Colorado Act") as may be amended. Section 3.10 Immigration Status Obligations: (a) CONTRACTOR certifies, through signature of its authorized representative executing this Agreement, that it does not knowingly employ or contract with an illegal alien who will perform work under the public contract for services and that the CONTRACTOR will participate in the United States Government's E-Verify Program or the State of Colorado Department of Labor and Employment Program ("Department Program") in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. (b) CONTRACTOR shall not: (1) Knowingly employ or contract with an illegal alien to perform work under this Agreement; or (2) Enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. (c) CONTRACTOR shall affirm as required by C.R.S. § 8-17.5-IO2 (c) (II) as may be amended, the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the E-Verify Program or the Department Program. (d) CONTRACTOR is prohibited from using the E-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while the public contract for services is being performed. (e) If CONTRACTOR obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, CONTRACTOR shall be required to: (1) Notify the subcontractor and FIRESTONE within three days that the CONTRACTOR has actual knowledge that the subcontractor is employing or Page 16 General Contract — SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) contracting with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub -subparagraph (13)(2) the subcontractor does not stop employing or contracting with the illegal alien; except that the CONTRACTOR shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (f) CONTRACTOR shall comply with all rules and regulations and any reasonable request by the State Department of Labor and Employment made in the course of the Department's performance of its lawful duties pursuant to C.R.S. 8-17.5-101 et seq., as may be amended. (g) If CONTRACTOR violates any of the provisions set forth in this section, FIRESTONE may terminate the Agreement and CONTRACTOR shall be liable for all actual and consequential damages incurred by FIRESTONE. Section 3.11 Notice and Communications: Any notice to the parties required under this Agreement shall be in writing, delivered to the person designated below for the parties at the indicated address unless otherwise designated in writing. Only mailing by United States mail or hand delivery shall be utilized for notice required to be given under this Agreement. Facsimile and e-mail addresses are provided for convenience only. However, copies of mailed or hand - delivered notices may be sent to the parties via e-mail or facsimile. FIRESTONE: Town of FIRESTONE 151 Grant Street (PO Box 100) Firestone, Colorado 80520 Attn. A.J. Krieger Telephone: 303.531.6255 CONTRACTOR: Fransen Pittman General Contractor 9563 S. Kingston Court, Suite 200 Englewood, CO 8011.2 Attn: John C. Pittman Telephone: 303,783,3900 E-mail: akrieger@firestoneco.gov E-mail: jpittman@fransenpittman.com ARTICLE IV RESPONSIBILITIES OF FIRESTONE Section 4.1 Project Materials/Confidentiality: FIRESTONE shall provide CONTRACTOR with data, information, reports and other such documentation as may be reasonably available to FIRESTONE, and reasonably required by CONTRACTOR to perform services under this Agreement. No information shall, unless as required by law, be disclosed by CONTRACTOR to third parties without prior written consent of FIRESTONE. All documents provided by FIRESTONE to CONTRACTOR shall be returned to FIRESTONE. CONTRACTOR is authorized by FIRESTONE to retain copies of such data and materials at CONTRACTOR'S EXPENSE. Page I General Contract —SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) Section 4.2 Access to Property and Records: FIRESTONE shall provide CONTRACTOR with access to its property as required and necessary to complete the Agreement. To the extent required by law, FIRESTONE and CONTRACTOR agree to make this Agreement and any related records available for public disclosure pursuant to any open records law, including, without limitation, the Colorado Open Records Act, C.R.S. §§ 24-72-101, et seq. as may be amended. CONTRACTOR agrees to hold FIRESTONE harmless from the disclosure of any records that FIRESTONE reasonably believes it is legally required to disclose. Section 4.3 FIRESTONE's Representative: FIRESTONE shall designate, in writing, a representative who shall have authority to act for FIRESTONE with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define FIRESTONE's policies and decisions with respect to materials, equipment, clements and systems pertinent to CONTRACTOR's services. ARTICLE V MISCELLANEOUS Section 5.1 Colorado Law: This Agreement is to be governed by the laws of the State of Colorado. Venue for any litigation shall be in Weld County, Section 5.2 Amendments; Change Orders: This Agreement may only be amended, supplemented or modified in a written document signed by both parties (a "Change Order"). If this is a contract for the design or construction, or both the design and construction of a public works project, no change in the Contract Price requiring additional compensable work to be performed, which work causes the aggregate amount payable under this Agreement to exceed the amount appropriated for the original Agreement, shall be valid, unless FIRESTONE gives CONTRACTOR written assurance that lawful appropriations to cover the costs of the additional work have been made and the appropriations are available prior to the performance of the additional work, or unless such work is covered under a remedy -granting provision in this Agreement. Section 5.3 Counterparts, This Agreement may be executed in two or more counterparts, using manual or facsimile signature, each of which shall be deemed an original and all of which together shall constitute one and the same document. Section 5.4. Severability: If any term, covenant, or condition of this Agreement is deemed by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be binding upon the parties. Section 5.5. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all other prior and contemporaneous agreements, representations, and understandings of the parties regarding the subject matter of this Agreement. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by the parties. No representations or warranties whatever are made by any party to this Agreement except as specifically set forth in this Agreement or in any instrument delivered pursuant to this Agreement. Page 1$ General Contract — SHORT FORM (Goods andlor Services Less Than $50,000) (Form Approved by Town Attorney July 2019) Section 5.6. Default/Attorne 's Fees: In the event of default of any of the provisions herein, the defaulting party shall be liable to the non -defaulting party for all reasonable attorney fees, legal expenses and costs incurred as a result of the default. Section 5.7. No Waiver: Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by FIRESTONE shall not constitute a waiver of any of the other terms or obligations of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement the day first written above. TOWN OF FIRESTONE By: Name`' Title: N\ CA I A TEST• TOWN Leah Vanarsdal1, Town Clerk ,SEAL ) o Q APPR L AS TO FORM: Yry�IL/LL}f LI Y ���ify, William F. Hayashi, Town Attorney CONTRACTOR By:_ Name: Title: Page 19 General Contract — SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) SCHEDULE A (Attached to and made a part of the Agreement between the Town of Firestone and FRANSEN PITTMAN EXPECT PRECISION dated ) LETTER OF AGREEMENT This Agreement is made this 14th day of August in the year two thousand and nineteen by and between: OWNER: Town of Firestone 151 Grant Ave Firestone, CO 80520 CONTRACTOR: Fransen Pittman Construction Company, Inc. 9563 S. Kingston Ct. Englewood, CO 80112 For the Preconstruction Services in connection with the following: PROJECT: Firestone Town Hall: Addition and Remodel THE AGREEMENT It is the intent of the Owner and Contractor to negotiate in good faith the terms and provisions of an Agreement for the construction of this Project in accordance with the Owner's budget, schedule and scope requirements to be determined by the Owner in its sole discretion. THE PROJECT BUDGET: Anticipated Hard Construction Cost will be approximately TBD SCHEDULE: Construction start is anticipated to be November 1", 2019 with Completion in July 31', 2020. SCOPE: Preconstruction Services during the planning and design of Firestone Town Hall Addition & Remodel CONTRACTOR'S RESPONSIBILITIES The Contractor will provide the Preconstruction Services required by the Project to facilitate the Architect's development of the Project Plans and Specifications to accommodate a timely commencement of the Project. These services specifically include: P a g 10 General Contract — SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) ■ Preliminary Evaluation The Contractor shall provide a preliminary evaluation of the Owner's Program, Budget and Schedule requirements each in terms of the other. ■ Consultation The Contractor, with the Architect, shall jointly schedule and attend regular meetings with the Owner. The Contractor shall consult with the Owner and Architect regarding site use and improvements and the selection of materials, building systems and equipment. The Contractor shall provide recommendations on: o construction feasibility; o actions designed to minimize adverse effects of labor or material shortages; a time requirements for procurement, installation and construction completion; o Factors related to construction costs including estimates of alternative designs or materials, preliminary budgets and possible economies. ■ Preliminary Project Schedule When Project requirements have been sufficiently identified, the Contractor shall prepare, and periodically update, a Preliminary Project Schedule far the Architect's review and the Owner's approval. The Contractor shall obtain the Architect's approval of the portion of the Preliminary Project Schedule relating to the performance of the Architect's services. The Contractor shall coordinate and integrate the Preliminary Project Schedule with the services and activities of the Owner, Architect and Contractor. As design proceeds, the Preliminary Project Schedule shall be updated to indicate: o proposed activity sequences and durations; o milestone dates for receipt and approval of pertinent information; o submittal of the Guaranteed Maximum Price Estimate; o preparation and processing of shop drawings and samples; o delivery of materials or equipment requiring long —lead—time procurement; o Owner's occupancy requirements showing portions of the Project having occupancy priority; o Estimated date of Substantial Completion. If Preliminary Project Schedule updates indicate that previously approved schedules may not be met, the Contractor shall make appropriate recommendations to the Owner and Architect. ■ Phased Construction The Contractor shall make recommendations to the Owner and Architect regarding the phased issuance of Drawings and Specifications to facilitate Phased Construction of the Work, if such Phased Construction is appropriate for the Project, taking into consideration such factors as: o economies; o time of performance; o availability of labor and materials; o Provisions for temporary facilities. Page 111 General Contract— SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) ■ Cost Estimates When the Owner has sufficiently identified the Project requirements and the Architect has prepared basic design criteria, the Contractor shall prepare, for the review of the Architect and approval of the Owner, a Conceptual Cost Estimate utilizing area, volume or similar conceptual estimating techniques to establish a baseline cost forth e Project. A Trend Log will be established along with a Preliminary Construction Schedule. When Schematic Design Documents have been prepared by the Architect and approved by the Owner, the Contractor shall prepare, for the review of the Architect and approval of the Owner, a more detailed estimate with value engineering options for major building components. The Trend Log and Schedule will be revised accordingly. During the preparation of the Design Development Documents, the Contractor shall prepare a detailed estimate with supporting data for review by the Architect and approval by the Owner. The Guaranteed Maximum Price may be determined and long -lead -items may be procured at this time. The Trend Log and Schedule will reflect all changes. At the completion of Construction Documents, all details and finishes will be finalized and final pricing will be determined. If any estimate submitted to the Owner exceeds previously approved estimates or the Owner's budget, the Contractor shall make appropriate recommendations to the Owner and Architect. ■ Subcontractors and Suppliers The Contractor shall seek to develop Subcontractor interest in the Project and shall furnish to the Owner and Architect for their information, per the Contractor's Schedule, a list of possible Subcontractors, including Suppliers who are to furnish materials or equipment fabricated to a special design, from which proposals will be requested for each principal portion of the Work. The Architect will promptly reply in writing to the Contractor if the Architect or Owner has any objection to such Subcontractor or Supplier. The receipt of such list shall not require the Owner or Architect to investigate the qualifications of proposed Subcontractors or Suppliers, nor shall it waive the right of the Owner or Architect later to object to or reject any proposed Subcontractor or Supplier. ■ Long -Lead -Time Items The Contractor shall recommend to the Owner and Architect a schedule for procurement of long —lead— time items that will constitute part of the Work as required meeting the Project Schedule. If such long — lead —time items are procured by the Owner, they shall be procured on terms and conditions acceptable to the Contractor. Upon the Owner's approval of the Guaranteed Maximum Price Estimate, all contracts for such items shall be assigned by the Owner to the Contractor, who shall accept responsibility for such items as if procured by the Contractor. The Contractor shall expedite the delivery of long —lead—time items. ■ Extent of Responsibility The Contractor agrees to exercise reasonable skill and judgment in the preparation of schedules and estimates, but does not warrant or guarantee any schedule or estimate or line item within such estimates, even though approved by the Owner; including the Guaranteed Maximum Price Estimate and the estimated date of Substantial Completion. The recommendations and advice of the Contractor concerning design alternatives shall be subject to the review and approval of the Owner and the Page 112 General Contract — SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) Owner's professional consultants. It is not the Contractor's responsibility to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, and ordinances, building codes, rules or regulations. However, if the Contractor recognizes that portions of the Drawings and Specifications are at variance, the Contractor shall promptly notify the Architect and Owner in writing. ■ Guaranteed Maximum Price Estimate In accordance with the Preliminary Project Schedule, the Contractor shall prepare and submit to the Owner in writing a Guaranteed Maximum Price Estimate. As the Drawings and Specifications may not be finished at the time that the Guaranteed Maximum Price Estimate is prepared, the Contractor shall provide in the Guaranteed Maximum Price Estimate for further development of the Drawings and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable there from. Such further development does not include such items as changes in scope, systems, kinds and quality of materials, finishes or equipment. The Guaranteed Maximum Price Estimate shall include: o a list of the Drawings and Specifications, including all Addenda thereto and the Conditions of the Contract; a a list of the Clarifications and Assumptions made by the Contractor in the preparation of the Guaranteed Maximum Price Estimate to supplement the information contained in the Drawings and Specifications; o a statement of the estimated Cost of the Work organized by trade categories or systems; o A statement of the estimated date of commencement of the Construction Phase and the estimated date of Substantial Completion, with a schedule of the construction documents issuance dates upon which the estimated date of Substantial Completion is based. The Contractor shall meet with the Owner and Architect to review the Guaranteed Maximum Price Estimate. In the event that the Owner or Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Contractor, who shall make appropriate adjustments to the Guaranteed Maximum Price Estimate. When the Guaranteed Maximum Price Estimate is acceptable to the Owner, the Owner shall approve it in writing. The Owner shall authorize and cause the Architect to revise the Drawings and Specifications to the extent necessary to reflect the agreed —upon Assumptions and Clarifications on which the Guaranteed Maximum Price Estimate is based. Such revised Drawings and Specifications shall be furnished to the Contractor in accordance with schedules agreed to by the Owner, Architect and Contractor. The Contractor shall promptly notify the Architect and Owner if such revised Drawings and Specifications are inconsistent with the agreed —upon Assumptions and Clarifications. ■ To provide, at its expense, to the Contractor, information reasonably available regarding the Project including: o the Owner's objectives, o budgets, Pale 113 General Contract — SHORT FORM (Goods and/or Services Less Than $50,000) (form Approved by Town Attorney July 2019) o time criteria, o Soils Reports, o environmental studies, o financing plans, o Site surveys that are presently available or that the Owner and Contractor reasonably agree are required. ■ To review and approve the Project Scope, Schedules and Estimates at each design phase in a timely manner in order to meet Project milestones. To review and accept or reject value engineering and cost reduction or addition options timely to maintain the Schedule. The Owner will be responsible for the inclusion of such changes incorporated into subsequent design document issuances. ■ To provide the Contractor with regular and timely updates regarding status of planning, zoning and design review process. ■ To exercise reasonable efforts so that Agreements with the Architect, Engineers and Consultants are written and administered to facilitate successful execution of this Agreement. ■ To pay all printing and distribution costs of any job related drawings or specifications. COMPENSATION The Contractor shall receive a fee of ($10,000.00) for Preconstruction Services. This will be billed in 3 equal payments of approximately ($3,333) billed at the end of August, September, and October the design process. Payments for Preconstruction Services and any reimbursable expenses will be due within twenty (20) days of receipt of invoice. The total amount will be due by the completion of the Construction Documents regardless of whether the Owner does or does not continue with the Contractor for Construction Services. OWNER CIF�,TOWN OF FIRESTONE151 Grant AveFirestone, CO 80520 1A _ . General Contract— SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) CONTRACTOR.. RANSEN PITTMAN CONSTRUCTION MPANY, INC. John C. Pittman President Page 114 RESOLUTION 19-76 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND BISHOP LAYTON INC REGARDING PROFESSIONAL SERVICES FOR THE TWO HUNTERS PARK CONSTRUCTION PROJECT WHEREAS, the Town of Firestone (the "Town") is in need of certain professional services in connection with its Two Hunters Park Construction Project (the "Project"); and WHEREAS, Bishop Layton, Inc. has the skill and experience to perform the professional services required for the Project, and desires to perform the professional services for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Professional Services Agreement between the Town of Firestone and Bishop Layton Inc dba Design Concepts is approved in substantially the same form as the copy attached hereto and made apart of this resolution, and the Mayor is authorized to execute the Professional Services Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 14th day of August, 2019. TOWN OF FIRESTONE, COLORADO `'SOWN o Bo SindelPy or � ATTEST: .•4- cOVN" GO Leah Vanarsdall, Town Clerk WD AS TO FORM: Williu Hayashi, Town Attorney Project: 2019 Two Hunters Park Contractor: Bishop Layton Inc dba Design Concepts ' Total Cost: $53,135.00 Term: 08-14-2019 to 08.01-2020 Accl. ar P.O. # AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement"), made this this 14"' day of August, 2019, between the Town of Firestone, a Colorado municipal corporation, whose address is 151 Grant Avenue, Firestone, CO 80520, hereinafter referred to as "FIRESTONE," and Bishop Layton Inc dba Design Concepts, an independent contractor, whose address is 211 North Public Road Suite 200, Lafayette, CO 80026 hereinafter referred to as" CONTRA CTO R," provides as follows: ARTICLE I SCOPE OF SERVICES Section I.I Services: FIRESTONE retains CONTRACTOR, and CONTRACTOR agrees to provide the services and tasks ("Professional Services") and provide the Deliverables as specified or described in.Schedule A (collectively, the "Project"), and in accordance with any other terms of this Agreement. Schedule A is hereby incorporated by reference and made a part of this Agreement, To the extent that this Agreement and Schedule A conflict, the provisions of this Agreement shall prevail. Section 1.2 Project Ghinge RerestS. FIRESTONE may request changes in scope from the original Professional Services or Deliverables set forth in Schedule .A by delivering to CONTRACTOR a written Project Change Request ("PCR') specifying the requested changes, Promply after delivery of a PCR, CONTRACTOR shall prepare and deliver to FIRESTONE a proposed amendment to Schedule A that, in accordance with the PCR: (a) assesses the impact of the PCR on the scope and timing of Professional Services and Deliverables to be provided under the Project; (b) describes any additional Services and Deliverables to be provided; (c) sets forth cost estimates, specifications, implementation plans and time schedules with milestone and completion dates; (d) contains completion and acceptance criteria; and (e) sets forth any other necessary information. A PCR shall not be effective unless authorized as an amendment to this Agreement and executed by both Parties. If CONTRACTOR proceeds without such authorization, CONTRACTOR shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of FIRESTONE is authorized to modify any term of this Agreement, either directly or implied by a course of action. Section 1.3 Contract Time; CONTRACTOR shall commence work upon direction to proceed from FIRESTONE and complete the Project on or before August 1, 2020 ("Contract Time"). The Contract Time stated or referred to in this section is of the essence. ARTICLE II FIRESTONE OBLIGATIONS Town of Firestone, 151 Grant: Avenue, Firestone, CO 80520; Phone: 303-833-3291 P a g e I 1 General Conlracl — LONG FORM (Goods audlor Services 550,000 or Marc) For Appioved by Town Anorney hiay 2019 Section 2.1 Dgbdrideridy iiiforitWi6ft FIRESTONE shall provide CONTRACTOR with data, GIS data, information, reports and such other documentation ("Dependency Information") as may be available to FIRESTONE, and reasonably required by CONTRACTOR to perform the Professional Services and/or complete the Deliverables set forth in Schedule A. Section 2.2 Consent to Use GIS Data. FIRESTONE grants to CONTRACTOR the non- exclusive, nontransferable right to copy, store, `record, transmit, display, view, print or otherwise use GIS Data solely to the extent necessary to perform the Professional Services and to complete the Deliverables under this Agreement. The GIS Data may only be used by CONTRACTOR's employees for the purposes of performing the Professional Services and/or completing the Deliverables set forth in Schedule A. Section 23 .Restrictions- on Use of GtS Data. The GIS Data contains proprietary information belonging exclusively to FIRESTONE, which claims copyright and trade secret protection in the Data and in each constituent element of information provided. Except as expressly permitted by this Agreement, in particular Section 2.2, CONTRACTOR will not, and will not allow any third party to: (i) copy, modify, adapt, alter, translate, or create derivative works of the GIS Data; (ii) distribute, sell, resell, lend, loan, lease, license, operate as a service bureau, managed service, sublicense or transfer the GIS Data; (iii) reverse engineer, decornpile, disassemble, or otherwise attempt to derive the source code for the GIS Data (except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation); (iv) use the GIS Data to knowingly violate any privacy or other rights of any third party; or (v) remove, alter or obscure any proprietary notices of FIRESTONE, its licensors or suppliers included in the GIS Data. Section 2.4 DIS:CLAIMER OF WARRANTIES. ALL DEPENDENCY INFORMATION, INCLUDING GIS DATA, IS PROVIDED "AS -IS" AND FIRESTONE HEREBY MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, AND FIRESTONE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, INTEGRATION, TITLE AND FITNESS OF THE DEPENDENCY INFORMATION FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FIRESTONE MAKES NO WARRANTY OF ANY KIND THAT THE GIS DATA WILL BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR OTHER SYSTEM. Section 2-5 Access to Property- Baird Records. FIRESTONE shall provide CONTRACTOR with access to its property as required and necessary to perform the Professional Services and/or complete the Deliverables set forth in Schedule A. To the extent required by law, FIRESTONE and CONTRACTOR agree to make this Agreement and any related records available for public disclosure pursuant to any open records law, including, without limitation, the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. CONTRACTOR agrees to hold FIRESTONE harmless from the disclosure of any records that FIRESTONE reasonably believes it is legally required to disclose. ARTICLE III MUTUAL OBLIGATIONS Town of Firestone, 151 Grant Avenue, Firestone, CO 80520; Phone: 303-833-3291 P a F e 12 General Cont aci — LUNG rORM (Goods and/or Services 550,000 or Morey Form Approved by Town Altontey May 2019 Section 3.1 Delays. A Party shall immediately notify the other Party in writing as soon as it becomes aware of any developments that may delay the completion of the Project or a particular Deliverable. In the event that any such delays are in breach of either Party's obligations under Sections II and IV, (A) the non -breaching Party shall have the right to terminate this Agreement pursuant to the terms of Section VII (Termination for Cause), or (B) the non -breaching Party shall have the right modify the Scope of Services through a PCR. Section 3.2 No Damages for Delay. CONTRACTOR shall not be entitled to any increase in the rate charged for Professional Services or Deliverables, or to damages, or to additional compensation as a consequence of any such delays. ARTICLE IV REPRESENTATION AND WARRANTY Section 4.1 Mcitual Represetntation •atid Wat ahfieg. Each party represents and warrants to the other party that: (i) it is duly organized, validly existing and in good standing as a corporation or other entity under the laws of the jurisdiction of its incorporation or other organization; (ii) it has the full right, power and authority to enter into and perform its obligations and grant the rights, consents and authorizations it grants or is required to grant under this Agreement; (iii) the execution of this Agreement by its representative whose signature is set forth at the end of this Agreement has been duly authorized by all necessary corporate or organizational action of such party; and (iv) when executed and delivered by both parties, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms. Section 4.2 Contractor. Representations, Warranties and Covenants.,. A. 'Gone p lfance :with. -.law. The services to be performed by CONTRACTOR hereunder shall be done in compliance with all applicable federal, state, county and local laws, ordinances, rules and regulations, and shall not engage in any activity related to GIS Data or Dependency Information that would place FIRESTONE in violation of any applicable law, regulations, government request, or judicial process. B. -Warranties. CONTRACTOR warrants and acknowledges as follows: (i) CONTRACTOR will perform Professional Services using commercially reasonable best efforts of a professional quality conforming to generally accepted industry standards and practices; (ii) CONTRACTOR will not violate any third party's intellectual property rights; (iii) CONTRACTOR has obtained, or will obtain, prior to performance of the Professional Services or development of the Deliverables, all third party consents, approvals, authorizations, licenses and permissions (collectively, the "Required Consents") necessary to perform the Professional Services and/or develop the Deliverables under this Agreement; (iv) shall not access, process or otherwise use GIS Data other than as necessary to facilitiate the Professional Services; (v) shall not give any third party party access to GIS Data, including without limitation CONTRACTOR's other customers or clients; (v) shall exercise commercially reasonably efforts to prevent unauthorized exposure or disclosure of GIS Data, and shall implement administrative, technical Town of Firestone, 15 f Grant Avenue, Firestone, CO 80520; Phone: 303-833-3291 P age 13 Creneral Contract — LONG FORM (Goods and/or Services S50.000 or Mare) Form Approved by Town Attorney May 2019 and physical safeguards for managing unauthorized disclosure or exposure of GIS Data stored by CONTRACTOR. C. In the event that CONTRACTOR has on -site or remote access to FIRESTONE systems or networks in connection with the Professional Services hereunder, CONTRACTOR will comply with FIRESTONE's security requirements. D. Because FIRESTONE has retained CONTRACTOR for its professional expertise, CONTRACTOR agrees not to employ any subcontractors to perform any Professional Services or Deliverables, unless expressly authorized in writing by FIRESTONE. ARTICLE V PRICE AND PAYMENT Section 5.1 Contract Price: In consideration for the completion of the Project by CONTRACTOR in accordance with the terms of this Agreement, FIRESTONE shall pay CONTRACTOR as described in Schedule A, but in no event shall the total compensation to CONTRACTOR under this Agreement exceed $53,135.00. This amount shall include all fees, costs and expenses incurred by CONTRACTOR, and no additional amounts shall be paid by FIRESTONE for such Fees, costs and expenses. No change to the Contract Price for the term of this agreement, including any additional compensation, or change in or adjustment to a rate, shall be effective or paid unless authorized by written amendment executed by FIRESTONE. Section 5.2 Payment: FIRESTONE will make payment due to CONTRACTOR for compensation for completed work in the manner and at such times and amounts as set forth in Schedule A. CONTRACTOR shall submit monthly invoices to FIRESTONE which shall be due and payable thirty (30) days after receipt. Invoices for completed work may not be submitted more frequently than monthly. Section 5.3 Contents of Invoices. Invoices shall include the basis upon which payment is requested, such as actual time, number of hours worked, materials and expenses, along with a general description of the actual Professional Services performed, the start and completion dates of any such services performed, and who performed such services. CONTRACTOR shall provide appropriate supporting documentation with each invoice. Section 5.4 Invoice Disputes.. If there exists a good faith dispute with regard to an item appearing on an invoice, FIRESTONE has the right to withhold payment on any amounts that are disputed while the Parties attempt to resolve the dispute, provided that FIRESTONE provides CONTRACTOR with notice of such dispute within thirty (30) days after receipt of the invoice and pays all undisputed amounts by the due date. FIRESTONE's withholding of such disputed amount shall not constitute a breach of this Agreement, nor shall it be grounds for CONTRACTOR to suspend or terminate its performance of undisputed Professional Services. Section 5.5 FIRESTONE's Riaht to Withhold: Notwithstanding any other provision of this Agreement and without prejudice to any of FIRESTONE's rights or remedies, FIRESTONE shall have the right at any time or times, whether before or after approval of any pay request, to Town of Firestone, 151 Grant Avenue, Firestone, CO 80520; Phone: 303-833-3291 P a 21 e {4 General Contract — LONG FORM (Goads andlor services i50,000 or More) Fonn Approved by Town Anomey May 2019 deduct and withhold from any payment that may be due under this Agreement such amount as may reasonably appear necessary to compensate FIRESTONE for any actual or prospective loss due to: (a) work that is defective, damaged, flawed, unsuitable, nonconforming or incomplete; (b) damage for which CONTRACTOR is liable under this Agreement; (c) liens or claims of liens regardless of merit; (d) claims of subcontractors, suppliers or other person regardless of merit; (e) delay in the progress or completion of the Project; (f) inability of CONTRACTOR to complete the Project; (g) reasonable doubt that the unpaid balance available under the Agreement is adequate to cover actual or liquidated damages, if any; (h) failure of CONTRACTOR properly to complete or document any pay request; (i) any other failure of CONTRACTOR to perform any of its obligations under this Agreement; or 0) the cost to FIRESTONE, including attorneys' fees and administrative expenses, for correcting any of the aforesaid matters or exercising any one or more of FIRESTONE's remedies. Section 5.6 No Multi -Year Fiscal Obligation. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution Article X, Section 20. Notwithstanding any other provision of this Agreement, FIRESTONE's obligations under this Agreement are subject to annual appropriation by .the Board of Trustees of the Town of FIRESTONE. Any failure of a Board annually to appropriate adequate monies to finance FIRESTONE's obligations under this Agreement shall terminate this Agreement at such time as such then -existing appropriations are to be depleted. Notice shall be given promptly to CONTRACTOR of any failure to appropriate such adequate monies. Section 5.7 Lpnro. Hation: If this is a contract for the design or construction, or both the design and construction, of a public works project, FIRESTONE has appropriated funds equal to or in excess of the Contract Price, ARTICLE VI TERM AND. TERMINATION Section 6.1 Tenn. The term of this Agreement shall commence on the 14th day of August, 2019 ("Commencement Date"), and shall expire, unless earlier terminated as set forth in Town of Firestone, 151 Grant Avenue, Firestone, CO 80520; Phone; 303-833-3291 P a o'' e 15 General Comracl - LONG FORM (Goads and/or Services 550,000 or More) Form Appioved by Town Altomey May 20 t9 this Article VI, upon the earlier of (a) CONTRACTOR'S completion of the Project; or (b) one (1) year from the Commencement Date ("Term"). The Term may be extended by mutual written agreement of the Parties. Section 6.2 Termination for Convenience. This Agreement may be terminated by FIRESTONE without cause upon seven (7) days written notice to CONTRACTOR. Section 6.3 Termination for Cause. In the event of a breach by CONTRACTOR of the terms and conditions ofthfs Agreement, FIRESTONE may give notice to CONTRACTOR stating such breach has occurred and giving CONTRACTOR fourteen (14) days to cure such breach. If the breach is not cured within the stated timeframe, to FIRESTONE's reasonable satisfaction, FIRESTONE may terminate this Agreement. Section 6.4 Effect of Termination. In the event of termination, CONTRACTOR shall immediately discontinue performance, and deliver to FIRESTONE all Work Product (as defined herein). Without prejudice to any other rights or remedies it may have hereunder or at law or in equity, FIRESTONE may itself or through another service provider take over any unfinished Professional Services and Deliverables covered by this Agreement by whatever reasonable method it may deem expedient. In addition, at FIRESTONE'S request, CONTRACTOR shall timely: (a) document in reasonable detail the status of the terminated Professional Services, the Work Product delivered, and the Deliverables specified in Schedule A; and (b) deliver to FIRESTONE copies of all documents and data reasonably required for the completion of any unfinished Professional Services and Deliverables, Any such termination by FIRESTONE shall be without penalty or payment obligation, other than undisputed outstanding payment obligations relating to Professional Services performed or Deliverables provided by CONTRACTOR as of the date of termination. If payment is otherwise due in a fixed sum, FIRESTONE will pay CONTRACTOR for the pro rate value of the completed portion of the Professional Services. If, however, CONTRACTOR has substantially or materially breached the standards or terms of this Agreement, FIRESTONE shall have any remedy or right to set off available at law and equity. ARTICLE VII OWNERSHIP Section 7.1 Client Mti ateridls, All right, title and interest in and to any materials provided by FIRESTONE to CONTRACTOR, including without limitation, Dependency Information, other materials of any kind and nature, and any trademarks, service marks, trade logos or other pre- existing Intellectual Property Rights ("Client Materials") are and shall remain the sole property of FIRESTONE. No Client Materials shall be removed from FIRESTONE's' premises or computer systems without FIRESTONE's prior written consent. All Client Materials shall be returned upon the earlier of (a) FIRESTONE's request for their return; and (b) completion or termination of the Project. CONTRACTOR shall maintain such materials in good condition. Town of Firestone, 151 Grant Avenue, Firestone, CO 80520; Phone: 303-833-3291 P a L,7 � 16 General Contract — LONCJ FORM (Goods and/or Services 550,000 or More) Fann Approved by Town Attorney May 2019 Section 7.2 Work Product. The Parties acknowledge and agree that all items delivered in the course of performance by CONTRACTOR of its various obligations under this Agreement (the "Work Product") have been or will have been specially ordered or commissioned by FIRESTONE, and accordingly, each is and will be a "work made for hire" (as such term is used in 17 U.S.C. § 201) for FIRESTONE, effective as of the moment each such item is fixed in a tangible medium, whether or not such item is complete. CONTRACTOR hereby transfers and assigns to FIRESTONE all of its all right, title, and interest in and to all Work Product, including, but not limited to, all United States and foreign copyright, patent, trademark, trade secret and any other proprietary rights pertaining to such Work Product held by CONTRACTOR. The forgoing shall not apply to previously created and/or owned intellectual property of CONTRACTOR. Nothing in this Agreement will prevent CONTRACTOR from retaining copies of documents for the lawful use in its own business purposes; provided; however, that Work Product is not to be used by CONTRACTOR on other project applications outside the scope of the Professional Services or work under this Agreemnet. CONTRACTOR will provide FIRESTONE with a ten (10) day written notice prior to disposal of documents it has retained, during which time FIRESTONE may take physical possession of same. ARTICLE VIII INDEPENDENT CONTRACTOR CONTRACTOR is an independent contractor of FIRESTONE under this Agreement. Nothing in this Agreement is intended to create a relationship of employee -employer between CONTRACTOR and FIRESTONE. Neither Party shall be construed to be a partner, member of a joint venture, franchisee, principal, agent, representative or participant of or with the other for any purpose whatsoever. CONTRACTOR does not and shall not have any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of FIRESTONE or to bind FIRESTONE in any manner. CONTRACTOR is responsible for scheduling and determining how Professional Services and/or Deliverables are to be completed and, except as otherwise agreed, shall supply its own tools and supplies. CONTRACTOR shall be solely responsible for paying all compensation earned by its personnel. CONTRACTOR agrees to comply with all federal and state wage and hour laws, immigration laws, and anti -discrimination laws. CONTRACTOR shall be solely responsible for withholding all federal, state, and local income taxes of its personnel, and any other obligations imposed on CONTRACTOR as the employer of the personnel. ARTICLE IX .INSURANCE (a) CONTRACTOR shall at its own expense procure a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by CONTRACTOR under this Agreement. Such insurance shall be in addition to the insurance requirements below or otherwise imposed by law. (b) CONTRACTOR shall at its own expense keep in full force and effect during the term of this Agreement and during the term of any extension or amendment of this Agreement, Town of Firestone, 151 Grant Avenue, Firestone, CO 80520; Phone: 303-833-3291 P a - e 17 GencFal Contract - LONG FORM (Goods andlor Services 550000 or More) Form Appioved by Town Aitonney May 2019 insurance as stated below: (1) Commercial General Liability Insurance with minimum combined single limits of One Million Dollars and No Cents ($1,000,000.00) for each occurrence and One Million Five Hundred Thousand DPIlars and No Cents ($1,500,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, completed operations, explosion, collapse, and underground hazards. (2) If professional services (architecture, engineering, design, etc.) are provided, Professional Liability Insurance with limits of One Million Dollars and No Cents ($1,000,000.00) per claim and One Million Five Hundred Thousand Dollars and No Cents ($1,500,000.00) aggregate. This policy shall remain in force for the period of design and construction and shall include a discovery period of three years, to commence upon substantial completion of the Project. (3) Workers' Compensation Insurance to cover all obligations imposed by applicable laws for all of CONTRACTOR's employees engaged in the performance of work under this Agreement, based on statutory limits prescribed by and in accordance with Colorado law. In the event any services are performed by a subcontractor, CONTRACTOR shall require such subcontractor to provide workers' compensation insurance for its employees. (4) Comprehensive Automotive Liability Insurance for the duration of this Agreement covering all owned, non -owned, and hired vehicles used in connection with the work performed by or on behalf of CONTRACTOR under this Agreement in an amount not Iess than Five Hundred Thousand Dollars and No Cents ($500,000.00) combined single limit per occurrence for bodily injury and property damage. (c) The insurance policies required by Subsection 3.4(b)(1) shall name FIRESTONE and its employees and agents as additional insureds and shall contain waiver of subrogation provisions. No additional insured endorsement to a policy shall contain any exclusion for bodily injury or property damage arising from completed operations. (d) Every policy required under this Section shall provide that such insurance is primary coverage with respect to work contemplated under this Agreement by all insureds and additional insureds, and that any insurance carried by FIRESTONE, its officers, or its employees, or carried by or provided through any insurance pool of FIRESTONE, shall be excess and not contributory insurance to that provided by CONTRACTOR. CONTRACTOR shall be solely responsible for any deductible losses under any policy required above. Any insurance policy required under this Agreement shall be written by a responsible company or companies authorized to do business under the laws of the State of Colorado, subject to the approval of FIRESTONE. (e) Prior to commencement of work under this Agreement, CONTRACTOR shall Town of firestone, 151 Grant Avenue, Firestone, CO 80520; Phone: 303-833-3291 P a g e {8 General Contras[ - LONG FORM (Goods and/or Services S50,000 or More) farm Approved by Town Ailurney May 2019 provide FIRESTONE with certificate(s) of insurance completed by CONTRACTOR's insurer(s) as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect. The certificate shall identify this Agreement and shall provide that the coverage afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days' prior written notice has been given to FIRESTONE. The completed certificate(s) of insurance shall be sent to: Town of Firestone 151 Grant Avenue P.O. Box 100 Firestone, Colorado 80520 Attn: Todd Bjerkaas CONTRACTOR shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Section by reason of CONTRACTOR's failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amount, duration or type. Failure on the part of CONTRACTOR to procure or maintain policies providing the required coverage, conditions and minimum limits shall constitute a material breach of contract upon which FIRESTONE may immediately terminate this Agreement, or at its discretion FIRESTONE may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by FIRESTONE shall be repaid by CONTRACTOR to FIRESTONE upon demand, or FIRESTONE may withhold the cost of the premiums from any monies due to CONTRACTOR froze. FIRESTONE. ARTICLE X INDEMNIFICATION CONTRACTOR shall indemnify, defend, and hold harmless FIRESTONE and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from this Agreement, to the extent that any such claim, damage, loss, or expense is caused, or alleged to have been caused, in whole or in part, by any negligent act, error or omission of CONTRACTOR or anyone directly employed by CONTRACTOR or anyone for whose acts CONTRACTOR may be liable. The extent of CONTRACTOR'S obligations pursuant to this Article may be determined only after CONTRACTOR'S obligations to FIRESTONE have been finally determined as a matter of law. ARTICLE XI IMMIGRATION STATUS OBLIGATIONS (a) CONTRACTOR certifies, through signature of its authorized representative executing this Agreement, that it does not knowingly employ or contract with an illegal alien who will perform work under the public contract for services and that the CONTRACTOR will participate in the United States Government's E-Verify Program or the State of Colorado Department of Labor and Employment Program ("Department Program") in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. Town of Firestone, 151 Grant Avenue, Firestone, CO 80520; Phone: 303-833-3291 P ki ku e 19 General Coniract - LONG FORIv[ (Goods aadlor Services $50,000 ar Morel Farm Approved by Town Attorney Mey 2019 (b) CONTRACTOR shall not: (1) Knowingly employ or contract with an illegal alien to perform work under this Agreement; or (2) Enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. (c) CONTRACTOR shall affirm as required by C.R.S. § 8-17.5-102 (c) (II), as may be amended, the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the F-Verify Program or the Department Program. (d) CONTRACTOR is prohibited from using the E-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while the public contract for services is being performed. (e) If CONTRACTOR obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, CONTRACTOR shall be required to: (1) Notify the subcontractor and FIRESTONE within three days that the CONTRACTOR has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) Terminate the subcontract with the. subcontractor if within three days of receiving the notice required pursuant to sub -subparagraph (13)(2) the subcontractor does not stop employing or contracting with the illegal alien; except that the CONTRACTOR shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (f) CONTRACTOR shall comply with all rules and regulations and any reasonable request by the State Department of Labor and Employment made in the course of the Department's performance of its lawful duties pursuant to C.R.S. 8-17.5-101 et.seg., as may be amended. (g) If CONTRACTOR violates any of the provisions set forth in this section, FIRESTONE may terminate the Agreement and CONTRACTOR shall be liable for all actual and consequential damages incurred by FIRESTONE. ARTICLE XII .MISCELLANEOUS Section 12.1 Colorado Law: This Agreement is to be governed by the laws of the State of Colorado. Venue for any litigation shall be in Weld County. Town of Firestone, L51 Grant Avenue, Firestone, CO 80520; Phone: 303-833-3291 P a g-' e 110 General Contract — LONG FORM (Goods and/or Services 550,000 or More) Fonu Approved by Town Attorney May 2019 Section 12.2 13ihdihi t E fect/Nba-Assi nab l_ity. FIRESTONE and CONTRACTOR each binds itself, its successors, and assigns to the other party to this Agreement with respect to all rights and obligations under this Agreement. Neither this Agreement, nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other. Section 12.3 Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each party. Section 12.4 Notice and Communications. Any notice to the parties required under this Agreement shall be in writing, delivered to the person designated below for the parties at the indicated address unless otherwise designated in writing. Only mailing by United States mail or hand delivery shall be utilized for notice required to be given under this Agreement. Facsimile and e-mail addresses are provided for convenience only. However, copies of mailed or hand - delivered notices may be sent to the parties via e-mail or facsimile. FIRESTONE: Town of Firestone 151 Grant Avenue Firestone, Colorado 80520 Attn. Todd Bj erkaas Telephone: 3 03 -5 31-625 8 E-mail: tbjerkaas@flrestoneco.gov frestoneco.gov CONTRACTOR: Bishop Layton Inc. dba Design Concepts 211 North Public Road Suite 200 Lafayette, CO 80026 Attn: Shanen Weber Telephone: 3 03-664-5301 E-mail: ShanenW@dcla Section 12.5 Counterparts. This Agreement may be executed in two or more counterparts, using manual or facsimile signature, each of which shall be deemed an original and all of which together shall constitute one and the same document. Section 12.6 No Third .Pafty Berizfit. This Agreement is between FIRESTONE and CONTRACTOR and no other person or organization shall be- entitled to enforce any of its provisions or have any right under this Agreement. Section 12.7 Severability. if any term, covenant, or condition'.of this Agreement is deemed by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be binding upon the parties. Section 12.8 Entirc Ag.r&meitt. This Agreement, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Town of Firestone, M Grant Avenue, Firestone, CO 80520; Phone: 303-833-3291 P a a e I l l General Comract - LONG FORM (Goods andror Services 550.000 or More) I orn5 Appioved by Town Attorney May 1019 Section 12.9 DefaultlAttortie-s Fees. In the event of default of any of the provisions herein, the defaulting party shall be liable to the non -defaulting party for all reasonable attorney fees, legal expenses and costs incurred as a result of the default. Section 12,10 No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by FIRESTONE shall not constitute a waiver of any of the other terms or obligations of this Agreement. Section 12.11 Colorado Governmental Immunity Act. The parties hereto understand and agree that FIRESTONE is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Sections 24-10-101 et sett., C.R.S., as:may be amended, or those otherwise available to FIRESTONE, its officers, or its employees. IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement the day first written above. TOWN OF FIRESTONE By'— R" 1� CL. Name:. a i no e Title:.11r`yw ,-y R. ATTEST: Leah Vanarsdall, Town Clerk AS TO FORM: Hayashi, Town Attorney O s3 Q Town of Firestone, 151 Grant Avenue, Firestone, CO 80520; Phone: 303-833-3291 Page 112 General Coniracl — LONG FORM (Goods and/or Services 550,000 or More) Form Approved by Town Amorney May 2019 SCHEDULE A Attached to and made a part of the Agreement between the TOWN of FIRESTONE and Bishop Layton Inc dba Design Concepts. A-1 DESIGN CONCEPTS Community # Landscape Architects July 26, 2019 Todd Bjerkaas Director of Planning and Development Town of Firestone, Colorado Re: Two Hunters Park DearTodd: Thank you forgiving us this opportunity to provide Landscape Architectural Services for Two Hunters Park located in Firestone, Colorado. After review of the design and progress set to date, Design Concepts is eager to assist the Town in completing the design and construction documents of this project and ultimately see the park constructed. Our understanding and project scope includes completing and providing a thorough and qualitive construction bid set for Two Hunters Park and administering the project through installation. Design Concepts will review the approximate 75% construction drawing set dated December 7, 2018 (completed by a previous consultant team) and pick up where left off with some minor revisions and refinement to the overall park design based on client and family feedback. Although labeled as a 75% CD set, the current state of the project is really at a 50% CD set with incomplete design details, electrical and structural engineering progress, project specifications and general sheet layout and organization. The goal is to complete the bid set drawings by fall of 2019 with construction beginning soon after and completion of construction by April of 2020. In assisting with the completion of this project, our design team will include: • Ackerman Engineering— Electrical engineering • Anthem Structural Engineers - Structural engineering Design Concepts will utilize the existing site survey performed by Civil Arts. We would like to offer the following proposal for our services: Page 1 of 5 211 North Public Road, Suite 200 1 Lafayette, CO 80026 1 303.664.5301 1 www.dcla.net Bosic Services REFINED SITE PLAN Based upon Town staff, client and family input, we will refine the site plan and design details to properly align with the overall vision of the park and client expectations. We will provide the following services: Task #1 - Proiect Kick-off: - Complete • Kick -Off Meeting —Scope and budget discussion, preliminary scheduling, set document deadlines, discuss review process • Site visit — inventory of existing site conditions, context of site, views and site drainage • Data collection/review — base mapping, site survey, soils, previous design/plans • Progress Updates with Client - As needed, via phone, email, Go -to meetings • Design Concepts' team coordination meetings and correspondence Task #2 - Design Development -- refine existing design: Based upon Town staff and client input, we will refine the existing site plan, landscape plan, design details for Town and client review. • Refine the details of the plaza spaces • Revise some design details with correct information • Redesign the two park entry features • Redesign the park sign • Refine and simplify the landscape plan • Update and revise cost estimate • Prepare preliminary specifications • Review meeting with Town staff and client to discuss refined plans • Progress Updates with Town staff - As needed, via phone, email • Design Concepts' team coordination meetings and correspondence Task #3 - Construction Documents Based upon project refinement as described above, we will complete details and revise the construction documents to date. We have assumed that no significant changes will be made after approval of the refined design development drawings. Submittals will be at approximately 90% and Bid Set completion levels. We will: • Revise site design with layout and detail for the plazas, seat walls, walks, pedestrian connections, entry features, shade structures, park sign, fencing, etc. • Revise the demolition plan • Review, revise and amend the grading plan as necessary • Revise and simplify the landscape plan Page 2 of 5 • Review, revise and amend irrigation plans and details based on connection to existing domestic line. • Provide structural plans • Provide electrical plans • Prepare a final cost estimate • Provide technical specifications for bidding. • Attend review meetings with the Town staff and client for presentation and input on design at 90% CD set • Document design responses, comments, input and priorities throughout the process. • Progress Updates with Client - As needed, via phone, email • Design Concepts' team coordination meetings and correspondence. Task #4 - Biddin This phase is for construction bidding activities. • Answer all Town and contractor questions in form of addenda • Attend a pre -bid meeting • Assist with reviewing bids and selection of contractor Task #5 - Services During Construction This phase is for continued site services during construction. Attend/facilitate a pre -construction meeting • Attend/facilitate a pre -construction meeting • Site visits (up to 8 visits with reports) • Prepare site observation reports within 3 working days of site visit • Review shop drawings • Review pricing for change orders • Respond to requests for information • Prepare punch list at site work completion and one post punch walk through Task #6 - As -Built Documentation/Record Drawings This phase is for continued site services after construction. • Prepare as -built drawings for project completion • Electronic and reproducible copies are included Page 3 of 5 Proposed Timeline Schedule Work Items Proposed Amount of Estimated Time Needed to Date Complete Task #1: 2 weeks July 2019 - Project Kickoff and Information Gathering complete -obtain base mapping Task #2: 4 weeks August 2019 Design Development refinement -review meetings Task #3: 8 weeks September - Construction Documents October 2019 -90% CD submittal -Bid Set submittal Task #4: 4 weeks November - Bidding 2019 -addenda -pre-bid meeting -select contractor/contracts Task #5: 20 weeks December Construction Administration 2019—April -pre-construction meeting 2020 -site observation visits Task #6: 1 week May 2020 As -Built Documentation Amount of Time Required for Final Completion: 9 months July 2019 — April 2020 Invoicing will be monthly and will not exceed the total fee quoted for Basic Services plus any reimbursable expenses. No additional services will be billed unless authorized. Reimbursable Expenses Reimbursable items include delivery, printing, reproduction and mileage are included within the Basic Services Fees. Page 4 of 5 Additional Services Services not included in Basic Services listed above, but which may become necessary in the course of the project will be billed as Additional Services on an hourly basis as is in accordance with the attached Schedule of Fees. Such items include additional Town and client meetings, plan changes after bidding, design changes or additional design during construction, testing, and inspection. The Town of Firestone will be notified when Additional Services are required, and an estimate provided prior to beginning work. Contract Exclusions Outside of design review meetings listed above, any Town of Firestone review submittals are not included in the Basic Services but is available as an additional service per Town's request. Creation of Front end or Boilerplate specifications for bidding this project are not included in the Basic Services but is available as an additional service per Town's request. The assumption is the Town of Firestone will provide this documentation to be included in the Bid Set documents. FEE PROPOSAL Basic Services Project Kick-off $ 2,240.00 Design Development refinement $ 13,000.00 Construction Documentation $ 26,115.00 Bidding $ 2,160.00 Construction Administration $ 8,920.00 Reimbursable Expenses $ 700.00 TOTAL BASE BID FEE $ 53,135.00 Again, thank you for reaching out inviting us to participate on this project. Design Concepts will provide substantial support as site planners and Landscape Architects for this site. We look forward to working on this rewarding project. Please contact me if you would like to further discuss any of our proposed services and fees or need further clarification. Very Truly Yours, Shanen Weber, PLA, ASLA Principal shanen@dcla.net DESIGN August 9, 2019 CONCEPTS Page 6 of 5 January, 2019 The following schedule of fees is used by Design Concepts for billing purposes. These fees are in effect for all services rendered unless other terms have been negotiated. Landscape Architecture + Design Fees Principal Landscape Architect $160.00lhour Senior Project Manager $130.001hour Project Manager $110.001hour Designer/Graphic Designer $100.00Jhour Administrative Staff $70.00/hour Intern $55.001hour Transportation Expenses Mileage $0.58/mile Reimbursement Costs Postage, Shipping, Couriers at cost Prints, Reproductions, Scanning at cost Direct Expenses at cost Outside Consultants Any consultants required to perform the work are charged at cost plus a 10% administrative fee. Terms Payment for services rendered is billed monthly on the fifth day or at the termination of the project. Payment is due within 15 days of billing date. Any portion of a billing not paid within 30 days of the billing date shall be considered delinquent and shall bear a delinquency charge of one and a half percent (1.5%) per month (annual percentage rate 18%) on the unpaid balance. Rates subject to change without notice. RESOLUTION 19-74 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING THE FIRST AMENDMENT TO THE ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND ALAN PLUMMER ASSOCIATES, INC., REGARDING THE WATER TREATMENT PLANT PROJECT WHEREAS, on December 1.2, 2018, the Board of Trustees of the Town of Firestone ("Firestone") entered into an Engineering Services Agreement ("Agreement") with FEI Engineers, Inc,. regarding the Water Treatment Plant Project; and WHEREAS, effective January 1, 2019, Firestone, as authorized by Sec. l I of the Agreement, consented to FEI Engineers Inc., assignment of the Agreement to Alan Plummer Associates, Inc.; and WHEREAS, the parties now deem it necessary to amend the Agreement's Scope of Work to include additional engineering services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The First Amendment to the Engineering Services Agreement between the Town of Firestone and Alan Plummer Associates, Inc., regarding the Water Treatment Plant Project is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to sign the First Amendment. effect. Section 2. All other terms and conditions of the Agreement remain in full force and INTRODUCED, READ AND ADOPTED this 28th day of August, 2019. L/ TOWN ' m # ISE A LLi a s ATTEST: C'p' •• ..... .0�0 Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO Tdh V- I Ek�ki SindA), Mayor PR D AS TO FORM: WillishyTJayashi, Town Attorney AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND FEI ENGINEERS, INC. FOR ENGINEERING SERVICES 1. PARTIES The parties to this Agreement are the Town of Firestone, a Colorado municipal corporation, hereinafter referred to as the "Town", and FEI Engineers, Inc., a Colorado corporation, hereinafter referred to as the "Consultant". 2. RECITALS AND PURPOSE 2.1. The Town desires to engage the Consultant for the purpose of providing engineering services as further set forth in the Consultant's Scope of Services (which services are hereinafter referred to as the "Services). 2.2. The Consultant represents that it has the special expertise, qualifications and background necessary to complete the Services. 3. SCOPE OF SERVICES 3.1. The Consultant agrees to provide the Town with the specific Services and to perform the specific tasks, duties and responsibilities set forth in Scope of Services attached hereto as Exhibit "A" and incorporated herein by reference. The Consultant shall furnish all tools, labor and supplies in such quantities and of the proper quality as are necessary to professionally and timely perform the Services. The Consultant acknowledges that this Agreement does not grant any exclusive privilege or right to supply Services to the Town. In its sole discretion, the Town may contract with other consultants to provide the same or similar services during the term of this Agreement. 3.2. In addition to the Services described in Exhibit A, the Town may prepare, with the assistance of FEI, work orders, containing, at a minimum, the following information: (1) the specific tasks and deliverables FEI must perform; (2) FEI's budget; (3) the Town's maximum payment obligation under the subject work order; and (4) the completion date for the subject work order. FEI shall be compensated for work orders on an hourly basis at the hourly rates set forth in Exhibit A, subject to the agreed upon maximum payment obligation. After the work order has been finalized and agreed to by the Town and FEI, the Town may issue a notice to proceed obligating FEI to begin performance of the subject work order. FEI shall not commence work on any work order until it has received the applicable notice to proceed. Notice to proceed may be sent by email. 3.3. The Town reserves the right to amend any work order that has been issued under this Agreement by altering, reducing, increasing, or eliminating specific tasks and deliverables. If the Town desires to amend a work order that has been issued, then the Town shall notify FEI of the contemplated change ("Notice of Change Order"). Upon receiving the Notice of Change Order FEI shall provide: (1) an estimate of the increase or decrease, if any, to FEI's budget due to the contemplated change and (2) the estimated change in the completion date of the subject work order, if any. The Town may instruct FEI in the Notice of Change Order to suspend work on any identified task or deliverable affected by a contemplated change, pending the Town's decision to proceed with the change. When instructed, FEI shall suspend work on any identified task or deliverable affected by a contemplated change. If it elects to make the change, the Town shall issue a change order Firestone-St.Vrain Page - l Owner: Engineer:' Owner -Engineer Agreement I amending the subject work order and providing FEI with a corresponding Notice to Proceed. FEI shall not commence work on any change order until it has received the applicable notice to proceed. 4. COMPENSATION 4.1. The Town shall pay the Consultant for services requested and rendered under this Agreement as set forth in Exhibit "A". The Town's maximum payment obligation under this Agreement, excluding work orders finalized and agreed to by the Town and FEI, shall not exceed the not -to -exceed amount set forth in Exhibit A. The Town shall pay mileage and other reimbursable expenses (such as meals, parking, travel expenses, necessary memberships, etc.) which are deemed necessary for performance of the services and which are pre -approved by the Town Manager. The foregoing amounts of compensation shall be inclusive of all costs of whatsoever nature associated with the Consultant's efforts, including but not limited to salaries, benefits, overhead, administration, profits, expenses, and outside consultant fees. The Scope of Services and payment therefor shall only be changed by a properly authorized amendment to this Agreement. No Town employee has the authority to bind the Town with regard to any payment for any services which exceeds the amount payable under the terms of this Agreement. 4.2. The Consultant shall submit monthly an invoice to the Town for the per -month amount set forth in Exhibit A for Services rendered in the previous month, and a detailed expense report for pre -approved, reimbursable expenses incurred during the previous month. The invoice shall document the Services provided during the preceding month, identifying by work category and subcategory the work and tasks performed and such other information as may be required by the Town. The Consultant shall provide such additional backup documentation as may be required by the Town. The Town shall pay the invoice within thirty (30) days of receipt unless the Services or the documentation therefor are unsatisfactory. Payments made after thirty (30) days may be assessed an interest charge of one percent (1%) per month unless the delay in payment resulted from unsatisfactory work or documentation therefor. S. PROJECT REPRESENTATION 5.1. The Town designates Julie Pasillas, Director of Community Resources, as the responsible Town staff to provide direction to the Consultant during the conduct of the Services. The Consultant shall comply with the directions given by the Director of Community Development and such person's designees. 5.2. The Consultant designates Patrick O'Brien, Principal, as its principal in charge who shall be providing the Services under this Agreement. Should any of the representatives be replaced, particularly Patrick O'Brien, and such replacement require the Town or the Consultant to undertake additional reevaluations, coordination, orientations, etc., the Consultant shall be fully responsible for all such additional costs and services. G. TERM The term of this Agreement shall be 1/1/2019 to 12/31/2019 unless sooner terminated pursuant to Section 13, below. The Consultant's services under this Agreement shall commence upon execution of this Agreement by the Town and shall progress so that the Services are completed in a timely fashion consistent with the Town's requirements. Nothing in this Agreement is intended or shall be deemed or construed as creating any multiple -fiscal year direct or indirect debt or financial Firestone-St.Vrain Page - 2 Owner; Engineer:C Owner -Engineer Agreement obligation on the part of the Town within the meaning of Colorado Constitution Article X, Section 20 or any other constitutional or statutory provision. All financial obligations of the Town under this Agreement are subject to annual budgeting and appropriation by the Firestone Board of Trustees, in its sole discretion. Notwithstanding anything in this Agreement to the contrary, in the event of non -appropriation, the Town shall immediately notify Consultant of such occurrence, and this Agreement shall terminate effective December 31 of the then -current fiscal year. 7. INSURANCE 7.1. The Consultant agrees to procure and maintain, at its own cost, the policies of insurance set forth in Subsections 7.1.1 through 7.1.4. The Consultant shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Agreement by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. The coverages required below shall be procured and maintained with forms and insurers acceptable to the Town. All coverages shall be continuously maintained from the date of commencement of services hereunder. The required coverages are: 7.1.1. Workers' Compensation insurance to cover obligations imposed by the Workers' Compensation Act of Colorado and any other applicable laws for any employee engaged in the performance of work under this contract. Evidence of qualified self - insured status may be substituted. 7.1.2. Automobile liability and physical damage insurance and physical damage insurance for any vehicle used in performing services for the Town, in amounts not less than prescribed by Colorado law (currently $25,000 per person/$50,000 per accident bodily injury and $15,000 per accident property damage). 7.1.3. Professional liability insurance against errors and omissions with minimum combined single limits of $2,000,000.00 each occurrence and $2,000,000.00 aggregate. 7.1.4. General liability insurance with minimum combined single limits of $2,000,000.00 each occurrence and $2,000,000.00 aggregate. 7.2. The Consultant's general liability insurance and automobile liability and physical damage insurance shall be endorsed to include the Town, and its elected and appointed officers and employees, as additional insureds, unless the Town in its sole discretion waives such requirement. Every policy required above shall be primary insurance, and any insurance carried by the Town, its officers, or its employees, shall be excess and not contributory insurance to that provided by the Consultant. Such policies shall contain a severability of interests' provision. The Consultant shall be solely responsible for any deductible losses under each of the policies required above. 7.3. Certificates of insurance shall be provided by the Consultant as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the Town. No required coverage shall be cancelled, terminated or materially changed until at least 30 days prior written Firestone-St.Vrain Page - 3 Owner: Engineer: Owner -Engineer Agreement ! notice has been given to the Town. The Town reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 7.4. Failure on the part of the Consultant to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the Town may immediately terminate the contract, or at its discretion may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Consultant to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to Consultant from the Town. 7.5. The parties understand and agree that the Town is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et sea., C.R.S., as from time to time amended, or otherwise available to the Town, its officers, or its employees. S. INDEMNIFICATION To the fullest extent permitted by law, the Consultant agrees to defend, indemnify and hold harmless the Town, and its elected and appointed officers and its employees, from and against all liability on account of any injury, loss, or damage, which arise out of or are connected with the services hereunder, if and to the extent such injury, loss, or damage is caused by the negligent act, or omission, of the Consultant or any subcontractor of the Consultant, or any officer, employee, or agent of the Consultant or any subcontractor, or any other person for whom Consultant is responsible. The Consultant shall bear all other costs and expenses incurred by the Town or Consultant and related to any such liability including but not limited to court costs, expert witness fees and reasonable attorneys' fees if the court determines that these incurred costs and expenses are related to such negligent acts, errors, and omissions or other fault of the Consultant. Notwithstanding the foregoing, Consultant's duty to defend, indemnify and hold harmless the Town, and its elected and appointed officials and its employees as set forth in this section shall only arise upon determination, by adjudication, alternative dispute resolution, or mutual agreement between Consultant and the Town, of the Consultant's liability or fault. The Consultant's indemnification obligation shall not be construed to extend to any injury, loss, or damage which is caused by the act, omission, or other fault of the Town or its elected and appointed officers and its employees. 9. QUALITY OF WORK Consultant's professional services shall be in accordance with the prevailing standard of practice normally exercised in the performance of services of a similar nature in the Denver metropolitan area. 10. INDEPENDENT CONTRACTOR Consultant and any persons employed by Consultant for the performance of work hereunder shall be independent contractors and not agents of the Town. Any provisions in this Agreement that may appear to give the Town the right to direct Consultant as to details of doing work or to exercise a measure of control over the work mean that Consultant shall follow the direction of the Town as to end results of the work only. As an independent contractor, Consultant is not entitled to workers' compensation benefits _except as may be provided by the independent contractor nor to unemployment insurance benefits unless unemployment compensation coverage is provided by the independent contractor or some other enti The Consultant is obli ated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 11. ASSIGNMENT Consultant shall not assign or delegate this Agreement or any portion thereof, or any monies due or to become due hereunder without the Town's prior written consent. Firestone-St.Vrain Page - 4 Owner: Engineer: LKW Owner -Engineer Agreement I 12. DEFAULT Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default. 13. TERMINATION 13.1. This Agreement may be terminated by either party for material breach or default of this Agreement by the other party not caused by any action or omission of the other party by giving the other party written notice at least thirty (30) days in advance of the termination date. Termination pursuant to this subsection shall not prevent either party from exercising any other legal remedies which may be available to it. 13.2. In addition to the foregoing, this Agreement may be terminated by the Town for its convenience and without cause of any nature by giving written notice at least fifteen (15) days in advance of the termination date. In the event of such termination, the Consultant will be paid for the reasonable value of the services rendered to the date of termination, not to exceed a pro -rated daily rate, for the services rendered to the date of termination, and upon such payment, all obligations of the Town to the Consultant under this Agreement will cease. Termination pursuant to this Subsection shall not prevent either party from exercising any other legal remedies which may be available to it. 14. INSPECTION AND AUDIT The Town and its duly authorized representatives shall have access to any books, documents, papers, and records of the Consultant that are related to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 15. DOCUMENTS All computer input and output, analyses, plans, documents photographic images, tests, maps, surveys, electronic files and written material of any kind generated in the performance of this Agreement or developed for the Town in performance of the Services ("Consultant Deliverables' are and shall remain the exclusive property of the Town. All Consultant Deliverables shall be promptly provided to the Town upon request therefor and at the time of termination of this Agreement, without further charge or expense to the Town. Consultant shall not provide copies of any such material to any other party without the prior written consent of the Town. The Town shall not make any modification to the Consultant Deliverables without the prior written authorization of the Consultant. Any and all liability arising out of unauthorized changes made to Consultant Deliverables by the Town or persons other than Consultant, its employees, officers, agents or subcontractors, is waived against Consultant. 16. ENFORCEMENT In the event that suit is brought upon this Agreement to enforce its terms, the prevailing party shall be entitled to its reasonable attorneys' fees and related court costs. 17. COMPLIANCE WITH LAWS; WORK BY ILLEGAL ALIENS PROHIBITED 17.1. Consultant shall be solely responsible for compliance with all applicable federal, state, and local laws, including the ordinances, resolutions, rules, and regulations of the Town, for Firestone-St.Vrain Page - 5 Owner: Engineer: Owner -Engineer Agreement payment of all applicable taxes; and obtaining and keeping in force all applicable permits and approvals. 17.2. Exhibit B, the "Town of Firestone Public Services Contract Addendum -Prohibition Against Employing Illegal Aliens", is attached hereto and incorporated herein by reference. There is also attached hereto a copy of Consultant's Pre -Contract Certification which Consultant has executed and delivered to the Town prior to Consultant's execution of this Agreement. 18. INTEGRATION AND AMENDMENT This Agreement represents the entire Agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. 19. NOTICES All notices required or permitted under this Agreement shall be in writing and shall be given by hand delivery, by United States first class mail, postage prepaid, registered or certified, return receipt requested, by national overnight carrier, or by email, addressed to the party for whom it is intended at the following addresses: If to the Town: Town of Firestone Attn: Director of Community Resources 151 Grant Ave. Firestone, Colorado 80520 Telephone: (303) 833-3291 Email: jpasillas@firestoneco.gov If to the Consultant: Patrick O'Brien FEI Engineers, Inc. 5325 South Valentia Way Greenwood Village, CO 80111 Telephone: (303) 928-1348 Email: patrick.obrien@feiengineers.com Any such notice or other communication shall be effective when received as indicated on the delivery receipt, if by hand delivery or overnight carrier; on the United States mail return receipt, if by United States mail; or on email receipt. Either party may by similar notice given, change the address to which future notices or other communications shall be sent. 20. EQUAL OPPORTUNITY EMPLOYER 20.1. Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, disability or national origin. Consultant will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, age, sex, disability, or Firestone-St.Vrain Page - 6 Owner: Engineer: Owner -Engineer Agreement national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notice to be provided by an agency of the federal government, setting forth the provisions of the Equal Opportunity Laws. 20.2. Consultant shall be in compliance with the applicable provisions of the American with Disabilities Act of 1990 as enacted and from time to time amended and any other applicable federal, state, or local laws and regulations. A signed, written certificate stating compliance with the Americans with Disabilities Act may be requested at any time during the life of this Agreement or any renewal thereof. 21.0 GOVERNING LAW, DISPUTE RESOLUTION, VENUE & SEVERABILITY The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. For the resolution of any dispute arising hereunder that cannot be resolved through negotiation between the parties, the Town and the Consultant agree that the dispute shall be submitted to nonbinding mediation prior to either party resorting to litigation. Mediation costs shall be borne equally by the parties. Notwithstanding the foregoing, nonbinding mediation shall not be required for determinations of liability or fault pursuant to section 8 of this Agreement. Any dispute not resolved through negotiation or mediation shall be resolved in the District Court of Weld County of the State of Colorado, and in no other court. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 22.0 NO THIRD PARTY BENEFICIARIES Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Town or the Consultant. The Consultant's services under this Agreement are being performed solely for the Town's benefit, and no other party or entity shall have any claim against the Consultant because of this Agreement or the performance or nonperformance of Services hereunder. Firestone-St.Vrain Page - 7 Owner: Engineer: Owner -Engineer Agreement / I In witness whereof, the parties have executed this Agreement to be effective as of the day and year of signed by the Town. Town: TOWN OF FIRES E By: Print Name: Qr Title: Date Signed: �lq Consultant: FEI Engineers, Inc. By: Print Name: Patrick O'Brien Title: Principal Date Signed: 12/07/18 < r M Print Name: L&Q Yma. f".SAt I Print Name: Title: -r/lW-A &,.eJG Title: Heather Harris Executive Assistant Firestone-St.Vrain Page - 8 Owner, Engineer. Owner -Engineer Agreement Exhibit A — Scope of Services FEI will provide professional services based upon our understanding of the project and its objectives. The proposed scope of services is based upon the attached schedule. Preliminary Design Phase: The Preliminary Design Phase will be based upon the recommendations from the Conceptual Design Phase. We will develop the following preliminary design phase components. ■ Preliminary Engineering ■ Preliminary Drawings ■ Outline Technical Specifications ■ Preliminary Opinion of Probable Cost Meetings: we have planned for one progress meeting and one review meeting during the preliminary design phase. We will email meeting agendas and supporting documents a minimum of two working days before the meeting; and prepare and email meeting notes within one week after the meeting concludes. Budget: $35,000 60% Design Phase (CDPHE REVIEW SET) The 60% (CDPHE REVIEW SET) Design Phase will follow the preliminary design phase. Based upon the comments received from the preliminary design review meeting, we will develop the 60% Design Phase components. ■ 60% Engineering ■ 60% Drawings ■ 60% Technical Specifications ■ CDPHE Basis of Design Report ■ CMAR collaboration. Review of the CMAR GMP; provide recommendation of award. Prepare and execute construction phase CMAR documents. Meetings: we have planned for two progress meetings and one review meetings during the 60% design phase. We will email meeting agendas and supporting documents a minimum of two working days before the meeting; and prepare and email meeting notes within one week after the meeting concludes. Budget: $190,000 Final Design Phase The Final Phase will run concurrently with the Construction Phase and the continued progression through the CDPHE approval process of the 60% Design Phase and the Select a Construction Manager at Risk (CMAR) Phase. Based upon the comments received from the 60% design review meeting, we will develop the final design phase components. Firestone-St.Vrain Page - 9 Owner: Engineer: _ W 7 Owner -Engineer Agreement 1 ■ Final Engineering ■ Final Drawings ■ Final (Abbreviated) Technical Specifications Meetings: we have planned for one review meeting during the final design phase (the remainder are assigned to the construction phase). Budget: $130,000 Construction Phase The Construction Phase services will include: ■ Progress Meetings ■ Office Engineering (RFI's, WCD's, FO's, RFCO's) • Periodic Site Visits and Start Up Assistance ■ Submittal Reviews ■ CMAR Application for Payment Reviews ■ Substantial Completion Inspection and Reporting ■ Final Completion Inspection and Reporting Budget: $155,000 This Agreement will be billed under FEI Project Consideration We will invoice the Town of Firestone on a time and material basis per month for the period of December 26, 2018 through December 25, 2019, not to exceed $ 510,000 . Compensation for periods less than one month shall be prorated based on the number of working days in the month. Consultant's lump sum fee is based on the following hourly rates for its employees: Firestone-St.Vrain Page - 10 Owner: Engineer: Owner -Engineer Agreement Direct expenses will be charged at actual cost plus 10% for handling and insurance. Incidental expenses such as miscellaneous copying, telephone service and computer equipment are included in the engineer's fee. Reimbursable (direct) expenses may include but are not limited to: Additional outside professional services provided beyond those stipulated in the scope of work; Additional copies of reports, drawings, etc. beyond those stipulated in the scope of work; Postage, courier fees, and shipping; Project vehicle mileage (which will be charged at the current IRS rate); Owner -approved, project -related purchases; Project business meals and lodging; Resident project engineer equipment and rental; and Printed photos. Any changes to Consultant's hourly rates will be communicated to the Town, and shall not take effect unless and until such changes are approved by the Firestone Town Board. Project Page _ 1 Owner; Engineer: fW Owner-Fngineer Agreement - Exhibit A Exhibit B Town of Firestone Public Services Contract Addendum Prohibition Against Employing Illegal Aliens Prohibition Against Employing Illegal Aliens. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor will participate in either the E-verify program or the Department program, as defined in C.R.S. § § 8-17.5-101(3.3) and 8-17.5-101(3.7), respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. Contractor is prohibited from using the E-verify program or the Department program procedures to undertake pre -employment screening of job applicants while this contract is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this contract for services knowingly employs or contracts with an illegal alien, Contractor shall: Notify the subcontractor and the Town within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. § 8-17.5-102(5). If Contractor violates a provision of this Contract required pursuant to C.R.S. § 8-17.5-102, Town may terminate the contract for breach of contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the Town. Project Page - 1 Owner: Engineer: Owner -Engineer Agreement - Exhibit B r f Pre -Contract Certification in Compliance with C.R.S. Section 8-17.5-102(1) From: FEZ Engineers, Inc. (Prospective Contractor) To: Town of Firestone As a prospective independent contractor for the above -identified project, I (we) do hereby certify that, as of the date of this certification, the undersigned does not knowingly employ or contract with an illegal alien; and that the undersigned will participate in the E-Verify employment verification program administered jointly by the United States Department of Homeland Security and the Social Security Administration or the employment verification program of the Colorado Department of Labor and Employment Program, as defined in C.R.S. § § 8-17.5-101(3.3) and 8-17.5-101(3.7), respectively, in order to confirm the employment eligibility of any employees hired since the date of this contract to perform work under this contract. Executed this 7th day of December , 20 18 PROSPECTIVE CONTRACTOR Patrick O'Brien Principal Printed Name Title 970-247-0724 Phone Patrick-Obrien@FEIEngineers.com Email ACKNOWLEDGMENT STATE OF Colorado ) ) ss. COUNTY OF La Plata ) The foregoing Certification was acknowledged before me this 7th day of December__, 20 18 , by Patrick O'Brien (Name), for FEI Engineers. Inc. (Name) (Company Name). Witness my hand and official seal. My commission expires: _ July 15. 2019 ;A�k —z �� Notary Public HEATHER L HARMS NOTARY PUBLIC STATE OF COLORADO NOTARY IQ # 20154027770 µY COMMISSION EXPIRES JULY 15, 2019 (SEAL) Project Page - 1 Owner: Engineer: 002 Owner -Engineer Agreement — Pre -Contract Certification AMENDMENT TO OWNER -ENGINEER AGREEMENT AMENDMENT NO. 1 1. The Effective Date of this Amendment is: June 6, 2019 1. Background Data: a) Effective Date of Owner -Engineer Agreement: December 12, 2018 b) Owner: Town of Firestone c) Engineer: Alan Plummer Associates Inc. d) Project: Water Treatment Plant 2. Nature of Amendment: a) Additional Services to be performed by Engineer 3. Description of Modifications: a) Task 1- Bench Scale Testing: Bench scale testing of NF and OF bypass of the RO to evaluate corrosion control and DBP formation. Work includes coordination of the bench scale test, performance of the testing by a subcontractor, laboratory analyze, a taste test, and evaluation of results. Task i Fees $22,000. b) Task 2 — Solar Evaluation: Initial evaluation of solar photovoltaic installation at the WTP to offset partial energy consumption. Scope includes United Power to evaluate installation options and Federal, State, and local rebates and a preliminary pay -back evaluation. If the initial concept is accepted by the Town, an additional amendment will be prepared for final design of the solar system. Task 2 Fees $9,900. c) Task 3- Water Quality Testing for New Source: Additional laboratory analysis of the source water to include all constituents required by CDPHE to permit a new water supply. Includes two sampling events. Task 3 Fees $13,000. d) Task 4 — Site Survey: Survey of the site using drone aerial imagery, including topography of the site with accuracy to 0.1 feet, locates on existing surface utilities, and incorporation of buried utility locations using historic as -built drawings. Task 4 Fees $4,200. e) Task 5 —Shores Reservoir Evaluation and Future Bench Scale Testing: Leonard Rice Engineers water sampling, water quality testing, laboratory analysis, and planning level evaluation of Shores Reservoir as a supplemental water supply source. Includes two sampling events, including algae and cyanotoxin analysis. Future bench scale testing will also be performed, if desired."Task 5 Fees $20,500. f) Task 6 — Brine Reject Disposal: Evaluation, modeling, and projections of brine concentrations and flows. Coordination with Leonard Rice Engineers to evaluate concentrations to stream standards. Attend up to two meetings with St. Vrain Sanitation District, Task 6 Fees $15,000. g) Task 7 — Bench Scale Tests on St. Vrain Creek source: Bench scale testing of the St. Vrain Creek source, including System Distribution Simulation (SDS) to mimic formation of Disinfection Byproducts (DBPs) and Rapid Small Scale Column Testing (RSSCT) to evaluate use of Granular Activated Carbon (GAC). Tests will include mimic of St. Vrain Creek treated water blended with Central Weld finished water. Task 7 Fees $7,500. 4129-001-01 Page - 1 Owner: Engineer: 4 h) Task 8 — Project Management: additional time for project management, evaluation of treatment options and alternative sources, opinion of probable costs, value engineering concepts, and coordination with the design team. Task 8 Fees $20,000. 4. Agreement Summary: a) Original agreement amount: .......................................... $510,000.00 b) Net change for prior amendments: ........................................... $0.00 c) This amendment amount: .............. ............................... $112,100.00 d) Adjusted Agreement amount: ......................................... $622,100.00 e) Change in time for services (days or date, as applicable): _ _No_Change The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement. Owner and Engineer hereby agree to modify the above -referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. OWNER: Town of Firestone �T1t1iA�T�^��I�(.. Print name: IoLe Date Signed:`r. 1 07031 ENGINEER: Alan Plummer Associates, Inc. By: Print name: Patrick 0 rien Title: Principal Date Signed: 06/07/19 4129-001-01 Page - 2 Owner: Engineer: RESOLUTION 19-73 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND CESARE, INC., FOR GEOTECHNICAL SERVICES (WOOSTER AVENUE STREET REPLACEMENT) WHEREAS, Cesare Inc's ("Cesare') services pursuant to the Agreement are for geotechnical engineering field services for the Wooster Avenue Street Rehabilitation ("Project"); and WHEREAS, the Town recently became aware of pavement issues on Berwick Avenue that require immediate geotechnical services which Cesare can expeditiously provide in conjunction with its Project duties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The First Amendment to the Agreement between the Town of Firestone and Cesare, Inc., for Geotechnical Engineering Services (Wooster Avenue Street Replacement) is approved in substantially the same form as the copy attached hereto and made a part of this Resolution and the Mayor is authorized to execute the First Amendment. INTRODUCED, READ AND ADOPTED this 14th day of August, 2019. ATTEST: ja a.4�xodw Leah Vanarsdall, Town Clerk Willi AS TO FORM: sTON -TOWN i Sig f o COUNTY sGp� Town Attorney TOWN OF FIRESTONE, COLORADO T" �� && BUki Sinde , Mayor FIRST AMENDMENT TO AGREEMENT BETWEEN;THE TOWN OF FIRESTONE AND CESARE, INC. FOR GEOTECHNICAL ENGINEERING`'S1RVICES (WOOSTER AVENUE STREET REPLACEMENT) THIS FIRST AMENDMENT TO AGRFtEI E . T )FOR GEOTECHNICAL ENGINEERING SERVICES is made and entered into effective as of the &'* day of 2019, by and between the TOWN OF FIRESTONE, a -Colorado municipal corpo ation, hereinafter referred to as the ("Town"), and CESARE, INC., a Colorado corporation, hereinafter referred to as the ("Consultant,") with reference to that certain Service Agreement between the Town and Consultant executed by the Town on July 24, 2019 and hereinafter referred to as the ("Original Agreement"), WHEREAS, Consultant's services under the Original Agreement are for the geotechnical engineering services for the Wooster Avenue Street Replacement ("Project"); and WHEREAS, the Town recently became aware of pavement issues on Berwick Avenue which require geotechnical engineering services which Consultant can expeditiously provide in conjunction with.its Project duties. NOW, THEREFORE, for good and valuable consideration, the Parties agree as follows: 1. Section 4.1 of the Original Agreement is hereby amended to read as follows (words added are underlined; words deleted are shown in 4.1 The Town shall pay the Consultant for services requested and rendered under this Agreement at the hourly rates plus expenses set forth in Exhibit "A;" provided, however, that the total amount payable for Services under this Agreement shall in no event exceed $9,9 W$12,160.00. For services compensated at hourly rates, or on a per -task basis, such rates or costs per task shall not exceed the amounts set forth in Exhibit A as amended. The foregoing amounts of compensation shall be inclusive of all costs of whatsoever nature associated with the Consultant's efforts, including but not limited to salaries, benefits, overhead, administration, profits, expenses, and outside consultant fees. The Scope of Services and payment therefore may only be changed by a properly authorized amendment to this Agreement. No Town employee has the authority to bind the Town with regard to any payment for any services which exceeds the amount payable under the terms of this Agreement. 2. Exhibit A of the Original Agreement is hereby amended by addition of the attached Supplement which is hereto made a part of this First Amendment. 3. The Original Agreement, except as amended by this First Amendment, remains in full force and effect in accordance with its terms and conditions. 1 IN WITNESS WHEREOF, the Parties have executed this First Amendment to the Geotechnical Engineering Services Agreement effective as of the day and year first set forth above. TOWN OF FIRESTONE, BY: obbi Sindelar, Mayor ATTEST: Cho) Leah Vanarsdall, Town Clerk � �°N r TOly &S r %% I-, i C'10 ., •rQQ" y,..o�,o VED AS TO FORM: William P. Hayashi, Town Attorney CONSULTANT: CESARE, INC. a Colorado corporation, B Date: Augqst 8, 2019 Title: Principal Engineer 2 EXHIBIT A Q A INC. Geatechnlcal Engineers & Cunfollerf nj Noterials Consultants July 23, 2019 Revised July 31, 2019 Ms. Lindsey Green Colorado Civil Group, Inc. 2204 Hoffman Drive Loveland, CO 80538 Subject: Proposed Geotechnical Study Berwick Avenue (between Florence Avenue and Farmdale Street) Firestone, Colorado Proposal Agreement No. F190709 Dear Ms. Green: Cesare, Inc. (Cesare) is pleased to submit this proposal to the Town of Firestone for a geotechnical study on a section of Berwick Avenue between Florence Avenue and Farmdale Street. The asphalt pavement has developed distress in some areas of the street. This section of residential, street is approximately 500 feet in length consisting of two traffic lanes. The purpose of this investigation will be to obtain subsurface data to help evaluate the probable causes of the severe pavement distressed observed. Two test holes will be performed to provide some useful information about the existing pavement section, soil classifications, moisture contents, engineering properties of the subsoils and possible depths to water. The information obtained will allow us to offer an opinion about the primary reasons for the pavement failure and present some guidance for a suitable repair or replacement section. Based on the existing data and our understanding of the project requirements, we propose the following scope of services: 1. Contact the Utility Notification Center of Colorado (811) to have publicly owned utilities identified and marked prior to performing any drilling or excavation in the street. The Client/Owner is responsible for having the locations of any private utilities or subterranean structures identified and clearly marked prior to Cesare initiating drilling or excavation services. 2. Drill a total of 2 borings in Berwick Avenue, both to be located adjacent to areas of distress. Borings will be drilled to depths of about 5 to 10 feet below the existing ground surface. This proposal is based on the site being accessible by a standard truck mounted, rubber tired drill rig, equipped with continuous flight, solid stem auger. In the event site access or difficult drilling requires use of a different rig or drilling equipment, additional costs will apply. This proposal assumes right of way permitting will either not be required or will be provided by the client. 3. Perform penetration resistance tests on the in -place soil/bedrock during drilling to help identify pertinent material layers and obtain samples of the materials encountered. Corporate Office: 7108 South Alton Way, Building B + Centennial, CO 80112 Locations: Centennial • Frederick • Silverthorne • Salida/Crested Butte Phone 303-220-0300 + www.cesareinc.com CESARE,INC. 4. Check for the presence of groundwater in our borings during drilling and once within 3 days after drilling. Cesare will leave both of the borings open but covered with steel plate to allow for water checks. 5. Backfill all borings with cuttings/spoils obtained from the borings and/or other suitable materials upon completion of the last groundwater level check. Borings will be surface patched with cold -patch asphalt mix. 6. Conduct laboratory testing to classify and characterize the soil/bedrock materials encountered in the borings. Testing may include grain size distribution, plasticity, natural moisture content and density, swell -consolidation and R-value. 7. Present interim data verbally as the field and laboratory study progresses, if requested. B. kvaluate the data obtained from field investigations and laboratory testing. 9. Perform data review of existing pavement for information that includes history of pavement design through construction and recent repairs. 10. Summarize the field and laboratory data and present results of our evaluation and analyses in an engineering report that will include: a. A site plan showing the existing site and locations of borings; b. Summary logs of the borings that show existing pavement and road base thickness, soil/bedrock types encountered, locations and types of samples obtained, results of penetration tests performed, and groundwater levels; c. Laboratory test results in graphic and tabular form; d. Descriptions of existing site conditions; e. Opinions on source(s) of pavement distress and failures; f. Repair/replacement recommendations, g. Surface drainage precautions. 11. Submit the geotechnical study report in electronic format (pdf) signed by a Colorado registered professional engineer upon completion of these services. Printed copies will not be provided unless specifically requested prior to report preparation. Additional fees will apply if printed copies are requested. Cesare will perform the proposed services on a time and materials basis for an estimated fee of $2,200. ADDITIONAL. SERVICES Should it become necessary to revise the scope of services from that described herein, Cesare will revise the estimates/fees provided herein accordingly and submit for written authorization prior to performing the revised scope. Consultation, engineering, and/or additional testing required or requested to be performed after submittal of our report (draft or final) will be invoiced at the hourly and/or laboratory testing rates listed in our schedule of fees. The proposed services will require drilling through existing pavement. Cesare will repair the pavement with cold patch. If the Client/Owner requires and requests repair beyond this, Cesare will submit a separate proposal for the cost of conducting the requested repair. 2 MRSARE, INC. GearOhnlral Engineers & Cnnsrrurrfnn Alareriufs Consufranrs SCHEDULE OF FEES (1) SeniorPrincipal................................................................................. $185/hour Principal........................................................................................... $165/hour Senior Consultant.............................................................................. $150/hour Senior Project Engineer or Senior Project Geologist ............................. $130/hour Senior Project Manager............................................................. ....... $130/hour Project Engineer or Project Geologist......................x........................... $115/hour Project Manager................................................................................ $115/hour Staff Engineer or Staff Geologist........................................................ $100/hour Special Inspector................................................................................. $851hour Master Technician............................................................................... $78/hour FieldEngineer.................................................................................... $78/hour Senior Technician................................................................................ $68/hour Technician............................................................................................ $581hour Technical Support............................................................................... $52/hour Computerized Drafting......................................................................... $78/hour MIT-SCAN2 (Dowel and Tie Bar) Scanning ......................... Quoted upon request Foundation Construction Observations (I vatioiAG�n H19,. Foo atkg, Reinforcing Steel, Perimeter Drain, Void, Dampproofing, Waterproofing)............ ...... Quoted upon request Concrete Maturity Data Loggers ... ............................................. ........... $66/each CoringOperations............................................................................... $92/hour Expenses and Outside Services.....................................................At cost +13% Mileage........................................................................... At current Federal rate Equipment Rental.............................................................. Quoted upon request Overtime Premium (z).........................................................................1.3 x rate Cesare Holiday Rate (3)....................................................................... 2.0 x rate Night Shift Premium (6 PM to 6 AM) ........................................... Rate + $5/hour Payment is due within thirty (30) days of our invoice date. Cesare reserves the right to apply a service charge of 1.5% per month to unpaid balances commencing thirty (30) days from the date of invoice and/or to cease service on any continuing project where invoices are more than sixty (60) days past due and/or to not issue final documents for projects where invoices are more than sixty (60) days past due. overtime Premium applies to hours exceeding 8 hours per day or 40 hours per week charged to a single project, and any hours worked on weekends. Mcesare holidays are New Year's Day, Memorial Day, Fourth of July, Labor pay, Thanksgiving Day, and Christmas Day. The above fees are for 2019. Yearly fee increases are typically 3% to 5%; usually determined at year end. 2019 Cesare, Inc. Schedule of Fees 01.01.19 Effective January 1, 2019 Corporate Office: 7108 South Alton Way, Building B e Centennial, CO 80112 Locations:'Centennial • Fred&h* r Silvertliorne . Salida/Crested Butte Phone 303-220-0300 • www.cesareinc.cojn WSARE, INC. Gcatechnieai EngineenA Canstructinn hlaterials Cnaauhunzy 2019 LABORATORY SCHEDULE OF FEES Atterberg Limits (LL, PL, and PI), Method A (mule -point) _jia/ i �y ana yu tis Atterbera Limits (LL, PL, and PI), Method B (I -Point) D4318IT89 and 90 58 CalifOmia Bearing Ratio ASTM D1883IT193 300 Chloride 35 Density and Moisture by Nuclear Methods D6938/T310 Direct Shear (CU Test) 3-Point Envelope - in situ (California Liner N2" dia.) T236 375 Direct Shear (CU Test) 3-Point Envelope (includes specimen remolding) T236 425 Direct Shear (CU Test) 3-Point Envelope (includes Proctor and specimen remolding) T236 475 Double hydrometer (includes gradation and minus #200 wash, and soecific aravity) 250 Gradation Wth Minus #200 Wash D6913, C136 and D114Q[R7 80 and specific gravity) D422/i"88 180 Minus #200 Wash 01140 35 Moisture Content D2216/T265 20 Moisture/Density Relationship (Proctor) D698, 1557, and D4718/ T99, 180, and T224 125 Natural Moisture and Density 25 Natural Moisture and Density -Shelby Tube 35 Organic Content (ASTM D2974) 68 pH D4972/T289 25 Pinhole Dispersion 300 Proctor Check Point 58 _ Relative Density (maximum/minimum wet or dry method) D4253 195 Resistivity (Feld ASTM G57, Lab AASHTO T288) T288 90 R-Value D2844/T190 275 Soil Suction 70 Specific Gravity T100 75 Swell only D4546 45 Swell/Consolidation D4546 60 Swell/Consolidation-Shelby Tube 90 Swell/Consolidation (remolded) D4546 85 Timed Consolidation D2435MI6 350 Unconfined Compressive Strength D2166fF208 60 Unconfined Compressive Strength (includes moisture/density) D2166IT208 70 uricoafffied Compressive strength (remolded, includes moisture/density) D2166ji208 90 USCS (Unified Soil Classification System) D2487 15 Water Soluble Sulfates 35 .S6i15tabilQ6tion Tests . -.. ,.. Fee each (ASTM D1633-cement or D5102-lime) field developed 35 Compressive Strength with Moisture/Density (ASTM D1633-cement or D5102-lime) laboratory developed 45 Freezing/Thawing 250 Mixture Design (cement, fly ash, or lime), 1-point 1,500 Mixture Design (curves w/Proctors, swells, daily breaks), 3-point 2,600 Moisture/Density Relationship D558/17134 150 pH for estimating lime proportions (ASTM D6275 200 Wetting/Drong 250 Corporate Office: 7108 South Alton Way, Building B • Centennial, CO 80112 Locations: Centennial • Frederick + Silveithoriie.• SalidalCrested Butte VESARE, INC. GcotevImical Engineers 8 Construction Malcrials Considiums 20191ABORATORY SCHEDULE OF FEES HOT MIX ASPHALT (HMN TESTING HMA Tests Accredited Test Procedure Fee each ($) Binder Ignition Oven (BIO) AC Content D6307jr309 60 with Gradation D5444IT30 130 B10 AC Correction Factor D6307/7308 300 Chemical Extraction AC Content D2172/T164 (plant control) 160 with Gradation D5444/T30 240 Density by Nuclear Methods D2950 Hveem Stability D1560 (stabilityVQ46/CP-L 5106 150 Lottman (tensife strength ratio) D4867fr283 400 Marshall Mixture Design - MS 2 3,000 Marshall Mixture Design Verification (1-point) 1,750 Marshall Tests (3 pucks specific gravity, stab/flaw, and air voids) D6926, 6927 and D3203/r245 and 269 165 Maximum Theoretical Specific Gravity (Rice value) D2041fr2O9 80 SMA Asphalt Drain Down (AASHTQ T305) 75_... Specific Gravi y (bulk), Air Voids, and Thickness _ D2726 and 3203IT166 and 269 35 SuperPave Mixture Design R35 3,000 T SuperPave Mixture Design Verifications (1-point) R35 1,750 Thickness 20 Volumetric Properties_ D6925[MI2/CP-l_ 5115 _ 300 * per personnel hourly rates _.._,.... _._.._ .._ Page 2of5 WESARE, INC. Gewechnicai £ngineen & Construction Materials Contiultana 2019 LABORATORY SCHEDULE OF FEES OONCRETE AND MASONRY TESTING Conc�eteTests Accredited Test Procedure Pee each ($) Abrasion Resistance of Horizontal Concrete Surfaces (sample delivered) C779, Procedure C 450 Absorption and Density (unit weight) 85 Accelerated Cure Specimens 35 Compressive Strength (core) C42/T24 30 Compressive Strength (cylinders) C31, 617, 1231 and 39/T23, 231 and 22 15 Compressive Strength (cylinders) cast by others C617, 1231, and 39/ T23, T231, and 22 20 Concrete Maturity Data Logger 66 Cracking Tendency Test (AASHTO T334) 950 in conjunction with mixture verification I - point 650 Flexural Strength (beam) C78JT97 40 Flexural Strength (beam) cast by others C78/T97 50 Making and Curing Test Specimens in laboratory C192 Mixture Design (compression) (additional charges may apply for aggregate tests) 3,000 Mixture Design (flexural) (additional charges may apply for aggregate tests) 3,500 Mixture Design (high early, maturity, or optimized) (additional charges may apply for aggregate tests) 4,000 Mixture Design (optimized maturity) 4,500 Mixture Design Verification Compression (1-point) 2,000 Mixture Design Verification Flexural (1-point) 2,500 Rapid Chloride Permeability, 2 specimens C1202(r277 500 Restrained Shrinkage (ASTM C878) 400 Scaling Resistance (ASTM C672) at 50 cycles, 2 specimens 1,000 Shrinkage Measuring (03300 modified ASTM C157), per bar C157[T160 30 Shrinkage Measuring, 3 bars C157Cr160 350 Slab -on -Ground Moisture and Humldity Testing (E 1907, Electrical Impedance; F 1869, CaCI and F 2170, RH) Slump, Unit Weight, Air Content, and Temperature C143, 138, 172, 231, and 1064/ T119, 121, 152, and 309 - Specimen Saw CuttingJTrimming Static Modulus of Elasticity (ASTM C 469), per reading set 195 Sulfate Durability (ASTM C 1012) 650 Tensile Strength C496/T198 45 Thickness (core) 15 Underwater Abrasion Resistance Testing, 3 specimens per set C1138 1,650 Underwater Abrasion Resistance Testing, per disk without mixture sample verification C1138 650 Water Soluble Chloride Ion in Concrete (ASTM C1218), drilled sample 75 Masonry Tests Pee each () Absorption and Density (unit weight) full size specimen 75 Absorption and Density (unit weight) coupon specimen 35 CMU Coupon Compressive Strength (ASTM C140) 45 CMU Freeze/Thaw (ASTM C1262) at 100 cycles 900 CMU Freeze/Thaw (ASTM C1262) at 150 cycles 1,200 CMU Prism Compressive Strength 120 Grout and Mortar Cubes @ cubes/set) C780 (Annex 6) 45/set Prism Grout C1019 (sampling and testing) 35 Sped men Saw Cuttin/Trimmin * per personnel hourly rates Page 3 of 5 SARE, INC. realechnical Engineen d Cansrrneuan ,Materials Cansultana 2019 LABORATORY SCHEDULE OF FEES Aggregate Durability Index ASTM D3744 ISO Atterberg Limits (LL, PL, and PI), Method B (1-point) D4318jT89 and 90 58 Clay Lumps and Friable Particles (per procedure grading) C142/T112 55 Compressive Strength of Rock Cores (ASTM D7012) 75 Compressive Strength of Rock Cores (with stress/straln) 250 Density (unit weight) and Voids C29IT19 58 Direct Shear CU Test 3-Paint Envelope (includes specimen remolding) T236 425 Direct 5 ear (CU Test) 3-Paint Envelope (includes Proctor and specimen remolding) T236 475 Fine Aggregate Angularity (uncompacted void content) C1252IT304 too Flat and Elongated Particles (per procedure grading) D4791 55 Fractured Faces (per procedure grading) D5821/T335 55 Freezing/Thawing of Aggregate (AASHTO T103), 50 cycles 400 Gradation with Minus #200 Wash D75, C702, C136, and 1171 T27, 11, T2, and T248 80 Gradation with Minus #200 Wash - Pit Run D75, C702, C1 and 1171 T27, 11, T2, and T248 ISO Hydrometer in u es gradation and minus #700 wash an specific gravity) 180 Lightweight Particles C123 175 :Los Angeles Abrasion C131/T96 115 Los Angeles Abrasion (ASTM C535) 135 Micro-Deval Abrasion ISO Minus #200 Wash C117IT11 35 Moisture Content C566/T255 20 Moisture/Density Relationship (Proctor) 54718, D698, and 1557/ T99, 180, and T224 125 Organic Impurities C4o/T21 55 Potential Alkali Reactivity (mortar bar method) C1260 675 of cementitious materials and aggregate C1567 775 FAA Modified ASTM C1260 775 FAA Modified ASTM C1567 875 Relative Density (maximum/minimum, wet or dry method) D4253ID4254 195 Riprap Wetting/Drying (ASTM D5313) 1,200 Riprap Free2ing/ThaWng (ASTM D5312), 35 cycles 850 R-Value D2844/T190 275 Sand Equivalency _ D2419/T176 90 Sodiu m/Magnesium Sulfate Soundness (per procedure grading) _ C88/TI04 75 Specific Gravity and Absorption C127 and 128/T85 and 84 75 ' per personnel hourly rates ....... •� _ - Page 4of5 V&SARE,INC. Geaterhnical Engirreen• & Comarvainn ilfulerials Cunsullann 2019 LABORATORY SCHEDULE DE FEES PERSONNEL and MISCELLANEOUS FEES Miscellaneous - - Fee ($) Coring Operations, hot mix asphalt (HMA) or ooncrete 92/hour Equipment Rental Quoted upon request Outsourcing Cost + 13% Special Preparation or Process 58/hour Miscellaneous Tests Fee each ($) Fireproofing/Density (ASTM E605 30 Laboratory unit prices include the test; review, and initial reporting. Please contact Cesare, Inc. for combination test packages and volume discounts. This 2019 Laboratory Schedule of Fees supercedes all previous versions. Payment is due within thirty (30) days of our invoice date. Cesare reserves the right to apply a service charge of 1.Wo per month to unpaid balances commencing thirty (30) days from the date of invoice aid/or to cease service on any continuing project where invoices are more than sixty (60) days past due. Mission Objective: Manage Risk, Reduce LiabNiry, Build with Confidence, and Earn Financial Prosperity... with Us. Please visit our website www.cesareinc com a 0 integrity, Reliability, and Innovation CORPORATE OFFICE: — P: 303-220-0300 7108 S. Alton Way, Bldg 8 r Centennial, CO 80172 Frederick, CO • Sllverthome, CO • Crested Butte, CO Our award winning team has been ooviding engineering services since 1987. Cesare has a highly experienced and dedirmted team. We make a differencel 58ERTDCode p4925-77,925.55,961-44961-50 * 58ECodee'S547380,54T330 an s � = ACEC f tr .wan U50CIATMN A A 5 H • per personnel hourly rates -.- • ^ --•_-._..... — Page 5of5 RESOLUTION 19-72 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT WITH BAREFOOT LLC PERTAINING TO A PIER AND DOCK TO BE INSTALLED UPON LANDS OWNED BY THE TOWN OF FIRESTONE, COLORADO WHEREAS, pursuant to that certain Subdivision Agreement among the Town of Firestone (the "Town"), St. Wain Lakes Metropolitan District No. 1 (the ".District") and Barefoot LLC (`Barefoot"), as well as a Final Development Plan for Peninsula Park, which is Town - owned property, Barefoot plans to construct and install a pier, gangway and dock and related facilities ("Pier and Dock") for the eventual provision of recreational services using the Pier and Dock by the District to the public for property owned by the District, on which are located lakes, which is adjacent to Peninsula Park; and WHEREAS, upon completion of the Pier and Dock, Barefoot desires to dedicate the ownership of the Pier and Dock to the District; and WHEREAS, to construct the desired Pier and Dock would require the use of certain land owned by the Town of Firestone (the "Town"), and would traverse across such Iand as more fully described and depicted in Exhibit A; and WHEREAS, Barefoot desires to obtain the necessary property interests from the Town that would allow for the construction and installation of the Pier and Dock by Barefoot; and WHEREAS, the Town desires to grant a temporary, non-exclusive construction easement that would allow use of Town property, pursuant to certain terns and conditions as set forth in a Temporary Construction Easement Agreement, attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE FIRESTONE FINANCE AUTHORITY OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone authorizes the grant of a temporary, non-exclusive construction easement to Barefoot LLC to use the property described in Exhibit A for the construction and installation of a pier, gangway and dock, including any related equipment and facilities. Section 2. The Temporary Construction Easement Agreement between the Town of Firestone and Barefoot LLC is approved in substantially the form as attached hereto as Exhibit B, and the Mayor is authorized to execute the agreement on behalf of the Town of Firestone. INTRODUCED, READ AND ADOPTED this 14th day of August, 2019. TOWN OF FIRESTONE, COLOR -ADO �A �kd'jo bi Sin lar, Mayor ATTEST: LM-M'Jag Leah Vanarsdall, Town Clerk L11104'0 iayashi, Exhibit A TRACT B, BAREFOOT LAKES REGIONAL PARK FILING NO. 1, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO Exhibit B RECREATIONAL EASEMENT AND MAINTENANCE AGREEMENT (Barefoot Lakes Regional Park Pier and Dock) THIS RECREATIONAL EASEMENT AND MAINTENANCE AGREEMENT ("Agreement") is made and entered into effective the LIffh day of A(*1JST , 2019, by and between the TOWN OF FIRESTONE, COLORADO ("Grantor"), and ST. VRA1N LAKES METROPOLITAN DISTRICT NO. I C District" or "Grantee"), a quasi -municipal corporation and political subdivision of the State of Colorado. WHEREAS, the Town owns that property known as Peninsula Park, more particularly described as Tract B, Barefoot Lakes Regional Park Filing No. 1 (the "Park") and the District owns adjacent property on which are located lakes and more particularly described as Tract A, Barefoot Lakes Regional Park No. 1 (the "Lake Premises"). Both the Park and the Lake Premises are depicted on Exhibit A, attached hereto; and WHEREAS, the Park is approved for development pursuant to` the Subdivision Agreement among the Town, District and Barefoot LLC ("Barefoot") dated February 12, 2018 and recorded at Reception No. 4375617 in the real estate records of Weld County, Colorado (the "Subdivision Agreement"); and WHEREAS, Barefoot has completed the development of the public improvements in the Park, as required under the Subdivision Agreement, and was issued a conditional acceptance letter by the Town on February 9, 2019; and WHEREAS, the final Development Plan for the Park also calls for the installation of a pier, gangway and dock as depicted on Exhibit A (the "Pier and Dock") and the Subdivision Agreement requires certain responsibilities of Barefoot (Developer) and the District relating to the construction, maintenance and operation of the Pier and Dock facilities and for the provision of recreation services using the Pier and Dock; and WHEREAS, Barefoot desires to construct and the District desires to own, maintain and operate the Pier and Dock and, upon completion and acceptance, Barefoot would dedicate the ownership of the Pier and Dock to the District; and WHEREAS, the Town desires to grant the District the necessary property rights in the Park to allow for the construction, maintenance and operation of the Pier and Dock as further provided herein and to set forth certain rights and responsibilities with respect to the District's maintenance of the Pier and Dock. NOW, THEREFORE, in consideration of the foregoing, the parties hereto promise, covenant and agree as follows: 1. Grantor's PropertX. Grantor is the owner of that certain parcel of real property located in the Town of Firestone, Weld County, Colorado, which is legally described as Tract B, Barefoot Lakes Regional Park Filing No. 1 (the "Property"). 2. Grant of Easement. For and in consideration of the covenants and agreements set forth herein, the receipt and adequacy of which Grantor acknowledges, Grantor hereby grants and conveys to the Grantee a permanent, non-exclusive easement (the `Basement") on, over, under and across that portion of the Property depicted and described on Exhibit A, attached hereto and incorporated herein by this reference (the "Easement Area"), subject to the conditions and restrictions set forth below. 3. PpMoses and Uses of Easement. Grantee may use the Easement: (a) to access, operate, maintain, replace, reconstruct, inspect and remove at any time and from time to time the Pier and Dock, along with any equipment and facilities associated with the Pier and Dock such as storage racks or sheds or other items relating to the recreational use of the Pier and Dock (these items, together with the Pier and Dock, are collectively referred to herein as, the "Improvements") upon, across, over, through and within the Easement Area for use by the public solely and exclusively for public recreational uses permitted by the Town; and (b) for use by Grantee's agents, contractors and employees as reasonably necessary to operate, manage or maintain the Improvements and to carry out Grantee's obligations under this Agreement. 4. Restrictions on Grant of Easement. Grantee shall not have the right to construct, erect, install, place, locate, use, operate, maintain, or replace any structures, equipment, facilities or improvements upon, across, over, through and within the Easement Area, other than the Improvements permitted under this Agreement. Additionally, Grantee shall not have the right to enlarge, expand, or add to the Pier and Dock or the Improvements without the prior written consent of the Town, which shall not be unreasonably withheld. 5. Access. Additionally, Grantor grants and conveys to Grantee a permanent right of ingress to and egress to and from the Easement Area upon, over, in and across the Property, as described more fully on Exhibit A, attached hereto and made a part of this Agreement (the "Access Area"). Grantee shall only use the existing roads for ingress and egress to the Easement Area. 6. Grantor's Rights in Easement Area. Grantor reserves all other rights in and to the Easement Area, including the right to use the Easement Area for any purposes whatsoever, which will not impair, endanger, or unreasonably interfere with the Improvements or with Grantee's full use and enjoyment of the rights hereby granted. 7. Relocation of Improvements. If, for any reason, the Improvements conflict with, impede, restrict or limit in any manner whatsoever the Town's use of the Easement Area such that the Improvements must be relocated outside of the Easement Area, the Parties shall: (a) Work together to execute any easements or amendments to this Agreement that are necessary for the relocated Improvements, and to release any portions of the Property from the Easement that are no longer needed; and (b) Develop and implement a comprehensive relocation plan. The plans for any relocation will be subject to the Town's prior written approval, and the relocation will be subject to the Town's oversight. 2 Plec a,d Dock Easement Agreement �TQF' redline)-A072919 8. Maintenance and Operation of the Improvements. By accepting and using the Easement, Grantee agrees: (a) Grantee will maintain, operate, repair, replace and control the improvements, including without limitation signage, lighting and landscaping, at Grantee's sole cost, as necessary to keep the Improvements in good and safe condition at all times. Without limiting the meaning of the preceding sentence, Grantee will be responsible for repairing or replacing the surface of the Pier and Dock as necessary, and for keeping all Improvements clear of debris and other obstructions. Grantee will have the right to remove any objects interfering with the use and safe operation of the Improvements. (b) Grantee shall perform summer maintenance of the Improvements, as needed to maintain the Improvements in a safe and usable manner during the non -winter months ("Summer Maintenance"). (c) Summer maintenance will be determined and scheduled by Grantee. (d) The Pier and Dock will be closed to public access in the winter. (e) Grantee will be responsible for enforcing any rules and regulations applicable to the use of the Improvements as adopted by Grantee and in accordance with any applicable ordinances of the Town. (f) Grantee may contract with other public or private entities to provide these services for all or part of each year. 9. Damage and Restoration. Grantee shall be responsible for all damage to the Easement Area, Access Area or the Property, including any installations, structures, utilities or improvements located on,, under or within the Property, arising out of or resulting from the Improvements, or its use of the Improvements or Easement granted herein. Upon completing any work or activities in the Easement Area, Grantee, at its sole expense, shall restore the surface of the Easement Area to the conditions that existed immediately prior to the commencement of any of Grantee's activities permitted hereunder. 10. Compliance with. Laws. Grantee shall comply at all times with the resolutions, ordinances, rules, and regulations of the Town in connection with Grantee's use of the Easement, the Easement Area, the Access Area, and the Improvements. 11. _Abandonment; Termination. Upon Grantee's permanent cessation of its use or operation of the Improvements or its full use and enjoyment of the Easement Area pursuant to the rights granted herein, this Agreement shall automatically terminate. 12. Limitation of Grantor's Liability. Because the Improvements will be used for recreational purposes, as that term is defined by C.R.S. § 33-41-102(5), Grantor is entitled to any and all protections provided under C.R.S. § 33-41-103 and other. 3 Pies and Dock Easement Agreement (clean) AC62819 13. Indemnification. To the extent permitted by law and subject to the provisions of Section 23 below, Grantee shall indemnify, defend and hold harmless the Town and its officers, agents, and employees from and against all liability, claims, damages, losses, and expenses, including but not limited to, attorney fees arising out of, resulting from, or in any way connected with: (i) the existence of the Improvements; (ii) Grantee's use, maintenance, control, or operation of the Improvements; (iii) Grantee's use of the Easement Area; or (iv) the rights and obligations of Grantee hereunder. 14. Lass of Use. Grantee's loss of use of the Improvements arising out of or relating to the relocation of the Improvements shall not entitle Grantee to any compensation from the Town for damages or loss, in any manner whatsoever, and Grantee hereby waives any and all claims which Grantee may or might hereafter have or acquire against the Town for loss or damage arising from the relocation of the Improvements. 15. Insurance. Grantee shall procure and maintain or self -insure, at its own cost, a policy or policies of insurance sufficient to insure against, claims, demands, and other obligations assumed by Grantee pursuant to this Agreement. Grantee shall cause all of its contractors to procure and maintain, the minimum insurance coverages listed below. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured by Grantee's contractor, as applicable, to maintain such continuous coverage. All insurance will be underwritten by a company licensed or authorized to conduct business in the State of Colorado. Any insurance carried by the Town, its officers, its employees or its contracts shall be excess and non-contributory insurance to that provided by Grantee or its contractors. Prior to the commencement of any activities in the Easement Area by Grantee or its contractors, and annually on or before December 31 of each year this Agreement is in effect, Grantee shall provide, or cause its contractors to provide, a certificate of insurance as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect. Within 30 days' receipt of notice from an insurer of any contractor, Grantee shall provide the Town with written notice of cancellation or modification of any such policies. (a) Workers' Compensation insurance as required by the Labor Code of the State of Colorado and Employers Liability Insurance. Evidence of qualified self -insured status may be substituted. (b) General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate. The policy shall include the Town of Firestone, its officers and its employees, as additional insureds, with primary coverage as respects the Town of Firestone, its officers and its employees, and shall contain a severability of interests p-rovision. Coverage shall include independent contractor's protection, premises -operations, products, completed operations and contractual liability with respect to the liability assumed by Licensee hereunder. (c) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than. THREE HUNDRED AND FIFTY THOUSAND DOLLARS ($350,000) per person in any one occurrence and NINE HUNDRED NINETY THOUSAND DOLLARS ($990,000) for two or more persons in any one occurrence, and auto property damage insurance of at least FIFTY THOUSAND DOLLARS ($50,000) per occurrence, with respect to each of Grantee's owned vehicles assigned to or used in connection 4 pier and Dock Easement Agreement (clean) AGE2319 with Grantee's rights or obligations of this Agreement. 16. Binding_Effect - Runs „With Land. This Agreement shall constitute covenants running with the land and shall extend to and be binding upon the successors and assigns of the respective Parties hereto. 17. Assignment. Grantee may not assign., in whole or part, the right to use and all obligations associated with the Easement without the prior written consent of the Town. 18. Notices. Any notices or communication required or permitted hereunder shall be given in writing and shall be sent by United States mail, postage prepaid, registered or certified mail, return receipt requested, addressed as follows: Town: Town of Firestone Town Clerk P.O. Box 100 Firestone, CO 80520 District: St. Vrain Lakes Metropolitan District No. 1 6465 Greenwood Place Blvd., #700 Centennial, CO 80111 with a copy to: White Bear Ankele Tanaka & Waldron, P.C. 2154 E. Commons Avenue, Suite 2000 Centennial, CO 80122 or to such other address as hereafter designated in writing by the applicable parties. Notices shall be effective upon mailing. 19. Entire A.Rreement, Amendments. This Agreement constitutes the entire agreement between the Parties hereto relating to the Easement and sets forth the rights, duties and obligations of each to the other as of this date, and this Agreement supersedes all previous and contemporaneous communications, negotiations, representations, or agreements, either verbal or written. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. This Agreement may not be modified or amended, except by a writing executed by both Parties. 20. Waiver. Waiver by a party of any breach of any term or provision of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other term or provision thereof. 21. Governing Law; Attorney's Fees. This Agreement shall be governed by the laws of the state of Colorado and venue shall be in the Weld County District Court. 1n the event of any dispute or FieY and Dock Easement Agreement (clean) AD62819 litigation arising under the terms of this License, the prevailing party shall be entitled, in addition to other damages or costs, to receive from the other party court costs and reasonable attorney fees. 22. Severabiliiy. If any part, term or provision of this Agreement shall be held unenforceable or invalid, such part, term or provision shall be severable and deemed ineffective to the extent of such invalidity or prohibition without invalidating the remainder of this Agreement. 23. Governmental Immunity. The City and its officers, attorneys and employees and the Grantee and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, et seq., as amended, or otherwise available to the parties and their respective officers, attorneys or employees. 24. _Authority. Grantor and Grantee each represent to the other that it has the power and authority to execute and deliver this Agreement and to perform its respective obligations under this Agreement. Grantor and Grantee each represent to the other that the person or persons signing for it has been duly authorized by such party to do so. 25. Counte arts. This Agreement maybe executed by the parties in counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall constitute one and the same Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] b 2i.r and Dock Easement Agreement (clean) AOU819 IN WITNESS WBEREOF, the parties have entered into this Agreement on the date first above written. TOWN OF FIRESTONE Mayor 4) ATTEST: �`FtESTON4S l TOWN'' V M. ip Leah Vanarsdall, Town Clerk 4 Q' O .,• . .per DISTRICT ST. VRAIN LADES METROPOLITAN DISTRICT NO. 1 By' .Zlu1,c Name: t ¢Ati1 iu� Title: 9tw ATTEST: 7 eioz and Dock Easement Agreement (clean} A062819 EXHEBIT A TRACT A (LAKE PREMISES) J ron TRACT A (LAKE PREMISESy N SCAU,E_ V [SATE 09_10.237e. EXHIBIT A PRCU-NO- owri,_D PEEN rA io SHEET BAREFOOT LAKES REGIONAL. PARK FILING NO. 1 � s Pies and Dock easemelt Agreement (clean) A462B19 RESOLUTION 19-71 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING A RECREATIONAL EASEMENT AND MAINTENANCE AGREEMENT WITH ST. VRAIN LAKES METROPOLITAN DISTRICT NO. I PERTAINING TO A PIER AND DOCK TO BE INSTALLED UPON LANDS OWNED BY THE TOWN OF FIRESTONE, COLORADO WHEREAS, the Town of Firestone (the "Town") owns that property known as Peninsula Park, more particularly described as Tract B, Barefoot Lakes Regional Park Filing No. 1 (the "Park"), and the St. Wain Lakes Metropolitan District No. 1 (the "District") owns adjacent property on which are located lakes, as more particularly described as Tract A, Barefoot Lakes Regional Park Filing No. 1 (the "Lake Premises"); and WHEREAS, the Final Development Plan for the Park calls for the installation of a pier, gangway and dock as depicted on Exhibit A (the "Pier and Dock"), and the Subdivision Agreement among the Town, District and Barefoot LLC ("Barefoot"), dated February 12, 2018, requires certain responsibilities of Barefoot and the District relating to the construction, maintenance and operation of the Pier and Dock facilities and for the provision of recreation services using the Pier and Dock; and WHEREAS, Barefoot desires to construct and the District desires to own, maintain and operate the Pier and Dock and, upon completion and acceptance, Barefoot would dedicate the ownership of the Pier and Dock to the District; and WHEREAS, the Town desires to grant the District the necessary property rights in the Park to allow for the operation, maintenance and repair of the Pier and Dock, pursuant to certain terms and conditions as set forth in a Recreational Easement and Maintenance Agreement, attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of .Firestone authorizes the grant of a permanent, non-exclusive easement to St. Wain Lakes Metropolitan District No. 1 to use the property described in Exhibit A for the ongoing operation, maintenance and repair of a pier, gangway and dock, along with any equipment and facilities associated with the recreational use of the pier and dock, for use by the public solely and exclusively for public recreational uses. Section 2. The Recreational Easement and Maintenance Agreement between the Town of Firestone and St. Vrain .Lakes Metropolitan District No. 1, is approved in substantially the form as attached hereto as Exhibit B, and the Mayor is authorized to execute the agreement on behalf of the Town of Firestone. INTRODUCED, READ AND ADOPTED this 14th day of August, 2019. TOWN OF FIRESTONE, COLORADO 0 _ i Sindel , Mayor f' No ATTEST: —TRACT A (LAKE PREMISES) TRACT B (TOWN PREMISES) [ DLAN io m , Exhibit A TRACT B (TOWN PREMISES) PIER AND DOCK TRACT A (LAKE PREMISES) EXHIBIT A BAREFOOT LAKES REGIONAL PARK FILING NO. 1 N SCALE: 1" = 209 pnTE 09.10.2018 PRO,I. NO. OWGU a 1 Exhibit B RECREATIONAL EASEMENT AND MAINTENANCE AGREEMENT (Barefoot Lakes Regional Park Pier and Dock) THIS RECREATIONAL EASEMENT AND MAINTENANCE AGREEMENT ("Agreement") is made and entered into effective the �ft day of , 2019, by and between the TOWN OF FIRESTONE, COLORADO ("Grantor'D, and ST. VRAIN LAKES METROPOLITAN DISTRICT NO. 1("District" or "Grantee"), a quasi -municipal corporation and political subdivision of the State of Colorado. WHEREAS, the Town owns that property known as Peninsula Park, more particularly described as Tract B, Barefoot Lakes Regional Park Filing No. 1 (the "Park") and the District owns adjacent property on which are located lakes and more particularly described as Tract A, Barefoot Lakes Regional Park No. 1(the "Lake Premises"). Both the Park and the Lake Premises are depicted on Exhibit A, attached hereto; and WHEREAS, the Park is approved for development pursuant to the Subdivision Agreement among the Town, District and Barefoot LLC ("Barefoot") dated February 12, 2018 and recorded at Reception No. 4375617 in the real estate records of Weld County, Colorado (the "Subdivision Agreement"); and WHEREAS, Barefoot has completed the development of the public improvements in the Park, as required under the Subdivision Agreement, and was issued a conditional acceptance letter by the Town on February 9, 2019; and WHEREAS, the Final Development Plan for the Park also calls for the installation of a pier, gangway and dock as depicted on Exhibit A (the "Pier and Dock") and the Subdivision Agreement requires certain responsibilities of Barefoot (Developer) and the District relating to the construction, maintenance and operation of the Pier and Dock facilities and for the provision of recreation services using the Pier and Dock; and WHEREAS„ Barefoot desires to construct and the District desires to own, maintain and operate the Pier and Dock and, upon completion and acceptance, Barefoot would dedicate the ownership of the Pier and Dock to the District; and WHEREAS, the Town desires to grant the District the necessary property rights in the Park to allow for the construction, maintenance and operation of the Pier and Dock as further provided herein and to set forth certain rights and responsibilities with respect to the District's maintenance of the Pier and Dock. NOW, THEREFORE, in consideration of the foregoing, the parties hereto promise, covenant and agree as follows: 1. Grantor's Property. Grantor is the owner of that certain parcel of real property located in the Town of Firestone, Weld County, Colorado, which is legally described as Tract B, Barefoot Lakes Regional Park Filing No. 1 (the "Property"). 2. Grant of Easement. For and in consideration of the covenants and agreements set forth herein, the receipt and adequacy of which Grantor acknowledges, Grantor hereby grants and conveys to the Grantee a permanent, non-exclusive easement (the "Easement") on, over, under and across that portion of the Property depicted and described on Exhibit A, attached hereto and incorporated herein by this reference (the "Easement Area"), subject to the conditions and restrictions set forth below. 3. Purposes and Uses of Easement. Grantee may use the Easement: (a) to access, operate, maintain, replace, reconstruct, inspect and remove at any time and from time to the Pier and Dock, along with any equipment and facilities associated with the Pier and Dock such as storage racks or sheds or other items relating to the recreational use of the Pier and Dock (these items, together with the Pier and Dock, are collectively referred to herein as, the "Improvements") upon, across, over, through and within the Easement Area for use by the public solely and exclusively for public recreational uses permitted by the Town; and (b) for use by Grantee's agents, contractors and employees as reasonably necessary to operate, manage or maintain the lrnprovements and to carry out Grantee's obligations under this Agreement. 4. Restrictions on Grant of Easement. Grantee shall not have the right to construct, erect, install, place, locate, use, operate, maintain, or replace any structures, equipment, facilities or improvements upon, across, over, through and within the Easement Area, other than the Improvements permitted under this Agreement. Additionally, Grantee shall not have the right to enlarge, expand, or add to the Pier and Dock or the Improvements without the prior written consent of the Town, which shall not be unreasonably withheld. 5. Access. Additionally, Grantor grants and conveys to Grantee a permanent right of ingress to and egress to and from the Easement Area upon, over, in and across the Property, as described more fully on Exhibit A, attached hereto and made a part of this Agreement (the "Access Area"). Grantee shall only use the existing roads for ingress and egress to the Easement Area. 6. Grantor's Rights in Easement Area. Grantor reserves all other rights in and to the Easement Area, including the right to use the Easement Area for any purposes whatsoever, which will not impair, endanger, or unreasonably interfere with the Improvements or with Grantee's full use and enjoyment of the rights hereby granted. 7. Relocation of Improvements. If, for any reason, the Improvements conflict with, impede; restrict or limit in any manner whatsoever the Town's use of the Easement Area such that the Improvements must be relocated outside of the Easement Area, the Parties shall: (a) Work together to execute any easements or amendments to this Agreement that are necessary for the relocated Improvements, and to release any portions of the Property from the Easement that are no longer needed; and (b) Develop and implement a comprehensive relocation plan. The plans for any relocation will be subject to the Town's prior written approval, and the relocation will be subject to the Town's oversight. 2 Pler and uock Easerent Agreement 4cleant A062814 8. Maintenance and Operation of the Improvements. By accepting and using the Easement, Grantee agrees: (a) Grantee will maintain, operate, repair, replace and control the Improvements, including without limitation signage, lighting and landscaping, at Grantee's sole cost, as necessary to keep the Improvements in good and safe condition at all times. Without limiting the meaning of the preceding sentence, Grantee will be responsible for repairing or replacing the surface of the Pier and Dock as necessary, and for keeping all Improvements clear of debris and other obstructions. Grantee will have the right to remove any objects interfering with the use and safe operation of the Improvements. (b) Grantee shall perform summer maintenance of the improvements, as needed to maintain the Improvements in a safe and usable manner during the non -winter months ("Summer Maintenance"), (c) Summer maintenance will be determined and scheduled by Grantee. (d) The Pier and Dock will be closed to public access in the winter. (e) Grantee will be responsible for enforcing any rules and regulations applicable to the use of the Improvements as adopted by Grantee and in accordance with any applicable ordinances of the Town. (f) Grantee may contract with other public or private entities to provide these services for all or part of each year. 9. Damage and Restoration. Grantee shall be responsible for all damage to the Easement Area, Access Area or the Property, including any installations, structures, utilities or improvements located on,. under or within the Property, arising out of or resulting from the Improvements, or its use of the Improvements or Easement granted herein. Upon completing any work or activities in the Easement Area, Grantee, at its sole expense, shall restore the surface of the Easement Area to the conditions that existed immediately prior to the commencement of any of Grantee's activities pemutted hereunder. 10. Compliance with Laws. Grantee shall comply at all times with the resolutions, ordinances, rules, and regulations of the Town in connection with Grantee's use of the Easement, the Easement Area, the Access Area, and the improvements. 11. Abandonment; Termination. Upon Grantee's permanent cessation of its use or operation of the Improvements or its full use and enjoyment of the Easement Area pursuant to the rights granted herein, this Agreement shall automatically terminate. 12. Limitation of Grantor's Liability. Because the Improvements will be used for recreational purposes, as that term is defined by C.R.S. § 33-41-102(5), Grantor is entitled to any and all protections provided under C.R.S. § 33-41-103 and other. 3 Piet and cock Easement Agsea­t (Gl—Y A062619 13. Indemnification. To the extent permitted by law and subject to the provisions of Section 23 below, Grantee shall indemnify, defend and hold harmless the Town and its officers, agents, and employees fiom and against all liability, claims, damages, losses, and expenses, including but not limited to, attorney fees arising out of, resulting from, or in any way connected with: (i) the existence of the Improvements; (ii) Grantee's use, maintenance, control, or operation of the Improvements; (iii) Grantee's use of the Easement Area; or (iv) the rights and obligations of Grantee hereunder. 14. Loss of Use. Grantee's loss of use of the Improvements arising out of or relating to the relocation of the Improvements shall not entitle Grantee to any compensation from the Town for damages or loss, in any manner whatsoever, and Grantee hereby waives any and all claims which Grantee may or might hereafter have or acquire against the Town for loss or damage arising from the relocation of the Improvements. 15. Insurance. Grantee shall procure and maintain or self -insure, at its own cost, a policy or policies of insurance sufficient to insure against, claims, demands, and other obligations assumed by Grantee pursuant to this Agreement. Grantee shall cause all of its contractors to procure and maintain, the minimwn insurance coverages listed below. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured by Grantee's contractor, as applicable, to maintain such continuous coverage. All insurance will be underwritten by a company licensed or authorized to conduct business in the State of Colorado. Any insurance carried by the Town, its officers, its employees or its contracts shall be excess and non-contributory insurance to that provided by Grantee or its contractors. Prior to the commencement of any activities in the Easement Area by Grantee or its contractors, and annually on or before December 31 of each year this Agreement is in effect, Grantee shall provide, or cause its contractors to provide, a certificate of insurance as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect. Within 30 days' receipt of notice fiom an insurer of any contractor, Grantee shall provide the Town with written notice of cancellation or modification of any such policies. (a) Workers' Compensation insurance as required by the Labor Code of the State of Colorado and Employers Liability Insurance. Evidence of qualified self -insured status may be substituted. (b) General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate. The policy shall include the Town of Firestone, its officers and its employees, as additional insureds, with primary coverage as respects the Town of Firestone, its officers and its employees, and shall contain a severability of interests provision. Coverage shall include independent contractor's protection, premises -operations, products, completed operations and contractual liability with respect to the liability assumed by Licensee hereunder. (c) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than THREE HUNDRED AND FIFTY THOUSAND DOLLARS ($350,000) per person in any one occurrence and NINE HUNDRED NINETY THOUSAND DOLLARS ($990,000) for two or more persons in any one occurrence, and auto property damage insurance of at least FIFTY THOUSAND DOLLARS ($50,000) per occurrence, with respect to each of Grantee's owned vehicles assigned to or used in connection 4 Pier •nd D6Ck Ba 1—t ngre—nt (CL-01 AD61919 with Grantee's rights or obligations of this Agreement. 16. Binding Effect - Runs With Land. This Agreement shall constitute covenants running with the land and shall extend to and be binding upon the successors and assigns of the respective Parties hereto. 17. Assignment. Grantee may not assign, in whole or part, the right to use and all obligations associated with the Easement without the prior written consent of the Town. 18, Notices. Any notices or communication required or permitted hereunder shall be given in writing and shall be sent by United States mail, postage prepaid, registered or certified mail, return receipt requested, addressed as follows: Town: Town of Firestone Town Cleric P.O. Box 100 Firestone, CO 80520 District: St. Vrain Lakes Metropolitan District No. 1 6465 Greenwood Place Blvd., 4700 Centennial, CO 80111 with a copy to: White Bear Ankele Tanaka & Waldron, P.C. 2154 E. Commons Avenue, Suite 2000 Centennial, CO 80122 or to such other address as hereafter designated in writing by the applicable parties. Notices shall be effective upon mailing. 19. Entire Agreement, Amendments. This Agreement constitutes the entire agreement between the Parties hereto relating to the Easement and sets forth the rights, duties and obligations of each to the other as of this date, and this Agreement supersedes all previous and contemporaneous communications, negotiations, representations, or agreements, either verbal or written. Any prior agreements, promises, negotiations or representations not expressly set forth in. this Agreement are of no force and effect. This Agreement may not be modified or amended, except by a writing executed by both Parties. 20, Waiver. Waiver by a party of any breach of any term or provision of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other term or provision thereof 21. Governing Law; Attorne 's Fees. This Agreement shall be governed by the laws of the state of Colorado and venue shall be in the Weld County District Court. In the event of any dispute or Pfer and I)Ock Eaaecamt Agreement (clean) A062819 litigation arising under the terms of this License, the prevailing party shall be entitled, in addition to other damages or costs, to receive from the other party court costs and reasonable attorney fees. 22. Severability. If any part, term or provision of this Agreement shall be held unenforceable or invalid, such part, term or provision shall be severable and deemed ineffective to the extent of such invalidity or prohibition without invalidating the remainder of this Agreement. 23. Governmental Immuni . The City and its officers, attorneys and employees and the Grantee and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24- 10-10I, et seq., as amended, or otherwise available to the parties and their respective officers, attorneys or employees. 24. Authority. Grantor and Grantee each represent to the other that it has the power and authority to execute and deliver this Agreement and to perform. its respective obligations under this Agreement. Grantor and Grantee each represent to the other that the person or persons signing for it has been duly authorized by such party to do so. 25. Counterparts. This Agreement may be executed by the parties in counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall constitute one and the same Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 6 P1es and aeek Ea.—L Aq—.... t (clean) A862819 RESOLUTION 19-70 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND CENTENNIAL LENDING, LLC REGARDING CONSTRUCTION AND PROVISION OF PUBLIC RIGHT-OF-WAY IMPROVEMENTS WHEREAS, Centennial Lending, LLC ("Centennial") is the owner of Lot 5, Block 2, Del Camino Junction Business Park PUD (the "Property"); and WHEREAS, a Final Development Plan ("FDP") titled Centennial Lending Headquarters, has been approved for the Property, which will require construction of certain public right-of-way improvements and related structures; and WHEREAS, the Town of Firestone (the "Town") and Centennial desire to enter into a development agreement to set forth the parties' responsibilities and obligations related to the construction, installation and maintenance of the public right-of-way improvements; and WHEREAS, the Board of Trustees has determined that this development agreement is consistent with the Town's applicable regulations, and the Town's approval of the FDP for the Property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Development Agreement between the Town of Firestone and Centennial Lending, LLC, for the construction and provision of certain public right-of-way improvements is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 14th day of August, 2019, FAR S r0 �'� rOWN�` mi SE o ATTEST: .�,�,Z_ J,"Lwdry Leah Vanarsdall, Town Clerk TQFOF FIRESTONE, COLORADO - Q, ;�& i Sinde'idr, Mayor ... • GNU. • •' VAX RESOLUTION 19-70 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND CENTENNIAL LENDING, LLC REGARDING CONSTRUCTION AND PROVISION OF PUBLIC RIGHT-OF-WAY IMPROVEMENTS WHEREAS, Centennial Lending, LLC ("Centennial") is the owner of Lot 5, Block 2, Del Camino Junction Business Park PUD (the "Property"); and WHEREAS, a Final Development Plan ("FDP") titled Centennial Lending Headquarters, has been approved for the Property, which will require construction of certain public right-of-way improvements and related structures; and WHEREAS, the Town of Firestone (the "Town") and Centennial desire to enter into a development agreement to set forth the parties' responsibilities and obligations related to the construction, installation and maintenance of the public right-of-way improvements; and WHEREAS, the Board of Trustees has determined that this development agreement is consistent with the Town's applicable regulations, and the Town's approval of the FDP for the Property. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Development Agreement between the Town of Firestone and Centennial Lending, LLC, for the construction and provision of certain public right-of-way improvements is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 14th day of August, 2019. F\R� S x0 fop'. TOWN � m AL io o: Q ATTEST: O'•. : p9` Y. Leah Vanarsdall, Town Clerk TO OF FIRESTONE, COLORADO i Sinde r, Mayor .. , . ��' i�� I• • i ' `��r ��.' .P� � • � DEVELOPMENT AGREEMENT [Centennial Lending Headquarters] THIS AGREEMENT is made and entered into this Wh day of AVWST , 20 (t, by and between the TOWN OF FIRESTONE, a Colorado municipal corporation whose address is 151 Grant Avenue, Firestone, CO 80520 ("Town") and CENTENNIAL LENDING, LLC, a Colorado limited liability company, whose address is 4112 Kodiak Court, Unit D, Longmont, CO 80504 ("Owner"). WHEREAS, Owner is the owner of Lot 5, Block 2, Del Camino Junction Business Park PUD, which property has a street address of 11281 Business Park Circle (the "Property"); and WHEREAS, a Final Development Plan ("FDP") for Centennial Lending Headquarters has been approved for the Property, a copy of which FDP is attached hereto as Exhibit A, and which FDP will require construction of the public improvements set forth herein. NOW, THEREFORE, in consideration of the foregoing, the parties hereto promise, covenant and agree as follows: 1. Owner Obli ag tion. The Owner shall be responsible for performance of the covenants set forth herein. 2. Construction Deadline, Warranty Acceptance of Public Improvements; Issuance of Building Permit and Certificate of OccupancX. (a) Owner shall at its sole expense construct and install, on or before October 1, 2020, all landscaping, concrete turn lanes, turn island, signage, striping, and related improvements (collectively the "public improvements") required by the approved FDP for Centennial Lending Headquarters attached hereto as Exhibit A, which public improvements are set forth in Exhibit B. All such public improvements shall be completed by such date and in full conformance with the FDP and with all other applicable drawings, plans, and concrete pavement structural design and jointing plan and specifications approved in writing by the Town, and with all applicable ordinances, rules and regulations of the Town. (b) No later than fourteen (14) days after the public improvements are completed, Owner shall request inspection of the same by the Town. If Owner does not request this inspection within fourteen (14) days of completion of improvements, the Tow may conduct the inspection without the approval of Owner. Owner shall provide "as -built" drawings, in both hard copy and electronic file format acceptable to the Town, and a certified statement of construction costs. If Owner has not completed the public improvements on or before the completion date set forth in subsection (a), the Town may exercise its rights to secure performance as provided in Section 4 of this Agreement. If public improvements completed by Owner and as -built drawings provided by the Owner are satisfactory, the Town shall grant Conditional Acceptance, which shall be subject to Final Acceptance as set forth in subsection (d). If the public improvements completed by Owner are unsatisfactory, the Town shall provide written notice to Owner of the repairs, replacements, construction or other work required to receive Conditional Acceptance. Owner shall complete all needed repairs, replacements, construction or other work within thirty (30) days of said notice, weather permitting. After Owner completes the repairs, replacements, construction, or other work required, Owner shall request the Town re -inspect the work to determine if Conditional Acceptance can be granted, and the Town shall provide written notice to Owner of the acceptability or unacceptability of such work prior to proceeding to complete any such work at Owner's expense. If Owner does not complete the repairs, replacements, construction or other work required within thirty (30) days of said notice, the Town may exercise its rights to secure performance as provided in Section 4 of this Agreement. The Town reserves the right to schedule re -inspections, depending upon scope of deficiencies. (c) Until such time as the Town grants Final Acceptance, Owner shall warrant all public improvements and, at its own expense, take all actions necessary to maintain said improvements and make all needed repairs or replacements which, in the reasonable opinion of the Town, shall become necessary. If within thirty (30) days after Owner's receipt of written notice from the Town requesting such repairs or replacements, the Owner has not completed such repairs, the Town may exercise its rights to secure performance as provided in Section 4 of this Agreement. (d) At least thirty (30) days before one (1) year has elapsed from the issuance of Conditional Acceptance, or as soon thereafter as weather permits, Owner shall request a Final Acceptance inspection. The Town shall inspect the improvements and shall notify the Owner in writing of all deficiencies and necessary repairs, if any. If there are no deficiencies, or after Owner has corrected all deficiencies and made all necessary repairs identified in said written notice, the Town shall grant written Final Acceptance; provided,- however, Final Acceptance shall not be granted during the winter season (November 1 — March 1). If Owner does not correct all deficiencies and make repairs identified in said inspection to the Town's satisfaction within thirty (30) days after receipt of said notice, weather permitting, the Town may exercise its rights to secure performance as is provided in Section 4 of this Agreement. (e) No building permit for the construction of any structure shall be issued by the Town until all the water lines, fire hydrants and sanitary sewer lines serving such structure have been completed and both the fire district and sanitation district serving the property have authorized issuance of a building permit. No certificate of occupancy shall be issued by the Town until all public improvements have been completed and granted Conditional Acceptance. 3. Guarantee. (a) Concurrently with its execution of this Agreement, Owner shall submit to the Town an improvement guarantee (the "Guarantee") to ensure completion of the public improvements set forth in Exhibit B. (b) The term of the Guarantee shall be for a period of time sufficient to cover the completion of construction of the public improvements and shall not be released except as set forth 2 in subsection (c), below. Said Guarantee may be in cash, certified check, or a letter of credit in form and substance as shown on Exhibit C attached hereto and incorporated herein by reference. Said Guarantee, if a letter of credit, shall not expire during the winter season (November I - March 1). (c) The total amount of the Guarantee shall be calculated as one hundred percent (100%) of the total estimated cost, including labor and materials, of all public improvements to be constructed as described on Exhibit B. At the time of Conditional Acceptance of all of the public improvements, the Town shall reduce the amount of the required improvement guarantee to fifteen percent (I5%) of the certified statement of construction costs. (d) Prior to Conditional Acceptance of all of the public improvements, Owner may request a reduction in the required improvement guarantee for any portion of the public improvements that (i) have been completed and (ii) constitute a distinct system (i.e., water or sewer lines) or otherwise are reasonably ready to be placed into service independently, as determined by the Town Such requests shall be made by written request from Owner to the Town, accompanied by a certified statement of construction costs for such improvements. If such improvements are satisfactory, as determined by the Town, then the Town shall reduce the required amount of the improvement guarantee by 85% of the value of such completed public improvements. Any reduction in the improvement guarantee pursuant to this subsection (d) shall not constitute Conditional Acceptance of any public improvements required by this Agreement. (e) At the time of Final Acceptance of the public improvements, the Town shall release the Guarantee provided no mechanics' liens have been filed with respect to the public improvements and the Owner is not otherwise in breach of this Agreement. If any mechanics'. liens have been filed with respect to the public improvements, the Town may retain all or a portion of the Guarantee up to the amount of such liens. If Owner fails to have improvements finally accepted within one (1) year of the date of the issuance of Conditional Acceptance or any improvements are found not to conform to this Agreement, or to applicable Town standards and specifications, then Owner shall be in default of the Agreement and the Town may exercise its rights under Section 4 of this Agreement. { fl In addition to any other remedies it may have, the Town may, at any time prior to Final Acceptance, draw on any Guarantee issued or provided pursuant to this Agreement if Owner fails to extend or replace any such Guarantee at least thirty (30) days prior to expiration of the Guarantee. If the Town draws on the Guarantee to correct deficiencies and complete improvements, any portion of said Guarantee not utilized in correcting the deficiencies and/or completing improvements shall be returned to Owner within thirty (30) days after Final Acceptance. In the event that the Improvement Guarantee expires or the entity issuing the Improvement Guarantee becomes non -qualifying, or the cost of improvements and construction is reasonably determined by the Town to be greater than the amount of the Guarantee, then the Town shall furnish written notice to the Owner of the condition, along with supporting documentation, and within thirty (30) days of receipt of such notice the Owner shall provide the Town with a 3 substituted qualifying improvement guarantee, or augment the deficient security as necessary to bring the security into compliance with the requirements of this Section 3. If such an improvement guarantee is not submitted or maintained, then Owner is in default of this Agreement and is subject to the provisions of Section 4 of this Agreement, as well as the suspension of development activities by the Town including, but not limited to, the issuance of building permits and certificates of occupancy; provided, however, that no additional 30-day notice to cure under Section 4 is required prior to the suspension of the issuance of building permits and certificates of occupancy. 4. Breach of Agreement. In the event that the Owner should fail to timely comply with any of the terms, conditions, covenants and undertakings of the Agreement, and if such noncom- pliance is not cured and brought into compliance within fifteen (15) days of written notice of breach of the Owner by the Town, unless the Town in writing and in its sole discretion designates a longer cure period, then the Town may exercise any one or more of the following rights and remedies: (a) immediately upon the expiration of such cure period draw upon the Guarantee, which may be used by the Town to complete or cause to be completed any or all of the public improvements at Owner's expense; (b) restrict or revolve the issuance of any building permits, COs or other approvals or permits; (c) if the Town so chooses, complete the required public improvements with funds other than the Guarantee, in which event Owner shall reimburse the Town within thirty (30) days after receipt of written demand and supporting documentation from the Town; or (d) pursue any other remedy at law or in equity that may be appropriate under municipal, state or federal law, including but not limited to an action for specific performance. All costs incurred by the Town, including, but not limited to, administrative costs, court costs and reasonable attorney fees, in pursuit of any remedies due to the breach by the Owner shall be the responsibility of the Owner. The Town may deduct these costs from the Guarantee. All of the foregoing rights and remedies of the Town shall be cumulative, and the Town may exercise any one or all of such rights and remedies without prejudice to any other right or remedy available to the Town. 5. Testing and Inspection. (a) Owner shall employ, at its own expense, a licensed and registered testing company, previously approved by the Town in writing, to perform all testing of materials or construction that may reasonably be required by the Town, including but not limited to compaction testing for embankment fills, structural backfills, pipe bedding, trench backfills, subgrades, road base course and asphalt, and concrete strength testing, and shall furnish copies of test results to the Town on a timely basis for Town review and approval prior to commencement or continuation of construction to which the testing is applicable. In addition, at all times during said construction the Town shall have access to inspect the materials and workmanship of said construction, determine the progress of the work, and determine compliance of the work with the approved plans and the Town's construction regulations, and all materials and work not conforming to such regulations, plans and specifications shall be repaired or removed and replaced at Owner's expense so as to conform to such regulations, plans and specifications. The Town shall be present to inspect the pressure leakage testing of potable water lines conducted by the Owner, and the Owner shall employ, at the Owner's expense, a testing laboratory acceptable to the Town to conduct bacteriological tests of the potable water lines after the Owner has disinfected said lines 9 according to the Town's construction regulations. The Owner shall be responsible for, and shall promptly pay upon receipt of invoice therefor, all actual costs incurred by the Town for engineering, planning, inspection, testing, and legal services related to the Subdivision improvements to be constructed under this Agreement or to the administration of this Agreement. (b) All work shown on the approved public improvement plans shall be subject to inspection by the Town. Inspection by the Town shall not relieve the Owner from compliance with the approved plans and specifications or the Town's construction regulations. Inspection services requiring the presence of Town staff are provided Monday through Friday, except legal holidays, from 9:00 a.m. to 4:00 p.m. During the hours listed above, inspections shall be scheduled a minimum of forty-eight (48) hours in advance with the Town. Requests for inspection services beyond the hours listed above, shall be submitted in writing a minimum of forty-eight (48) hours in advance to the Town for approval. If the request is denied, the work shall not proceed after the time requested until an inspection has been performed during the hours listed above. The Owner shall comply with all notification and inspection requirements of the sanitation district serving the property with regard to sanitary sewer and storm drainage improvements. b. Recording of Agrreement. The Town shall record this Agreement at. Owner's expense in the office of the Clerk and Recorder, County of Weld, State of Colorado, and the Town shall retain the recorded Agreement. 7. Binding Effect of Agreement. This Agreement shall run with the Property and shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 8. Assigment, Delegation and Notice. Owner shall provide to the Town for approval written notice of any proposed transfer of the Property to any successor, as well as arrangements, if any, for assignment or delegation of the obligations hereunder. Owner and successor shall, until written Town approval of the proposed transfer of title and assignment or delegation of obligations, be jointly and severally liable for the obligations of Owner under this Agreement. 9. Modification and Waiver. No modification of the terms of this Agreement shall be valid unless in writing and executed with the same formality as this Agreement, and no waiver of the breach of the provisions of any section of this Agreement shall be construed as a waiver of any subsequent breach of the same section or any other sections which are contained herein. 10. Addresses for Notice. Any notice or communication required or permitted hereunder shall be given in writing and shall be personally delivered, or sent by overnight courier or United States mail, postage prepaid, registered or certified mail, return receipt requested, addressed to the parties at the addresses set forth above, or to such other address or the attention of such other person(s) as hereafter designated in writing by the applicable parties in conformance with this procedure. Notices shall be effective upon personal delivery or the date of deposit with an overnight courier or in the United States mail in compliance with this paragraph. 5 11. Title and Authority. Owner warrants to the Town that it is the record owner of the Property, and that he has full power and authority to enter into this Agreement. 12. Applicable Law; Venue; Severability. This Agreement is to be governed and construed according to the laws of the State of Colorado. Venue for any action related to this Agreement shall be in the district courts of Weld County. In the event that upon request of Owner or any agent thereof, any provision of the Agreement is held to be violative of the municipal, state, or federal laws and hereby rendered unenforceable, the Town, in its sole discretion, may determine whether the remaining provisions will or will not remain in force. 13. Indemnity. Owner agrees to indemnify and hold harmless the Town and its officers, agents, and employees from and against all liability, claims, damages, losses, and expenses, including but not limited to, attorney fees arising out of, resulting from, or in any way connected with this Agreement or the right and obligations of the Owner hereunder. 14. Non -Liability. Owner acknowledges that the Town's review and approval of any plans for the Public Improvements is done in furtherance of the general public health, safety and welfare and that no specific relationship with, or duty of care to the Owner or third parties is assumed by such review approval, or immunity waived, as is more specifically set forth in the Colorado Governmental immunity Act. 15. Insurance; OSHA. Subdivider shall, through contract requirements and other normal means, guarantee and furnish to the Town proof thereof that all employees and contractors engaged in the construction of improvements are covered by adequate Workers' Compensation Insurance and Public Liability Insurance, and shall require the faithful compliance with all provisions of the Federal Occupational Safety and Health Act (OSHA). 16. Agreement_ Status After Completion. Upon completion of the public improvements and inspection approval thereof by the Town, and provided that no litigation or claim is pending relating to this Agreement, this Agreement shall no longer be in effect. 17. Ownership of Public Improvements. Subject to this Agreement and to any provisions of this Agreement relating to Conditional or Final Acceptance of the Public Improvements stated herein, Owner shall convey to the Town all of the Public Improvements at the time of Conditional Acceptance, free and clear of all liens, encumbrances and restrictions, by bill of sale or other proposed document of conveyance. All improvements made upon Town property or Town rights -of -way or Town easements shall, after conditional acceptance by the Town, be and remain the sole and exclusive property of the Town, free and clear from any and all claims by the Owner or others. 18. Legal Expenses. In the event that it is necessary to initiate legal proceedings to G enforce the provisions of this Agreement, the non -prevailing parry shall be responsible for all reasonable legal expenses and costs incurred by the prevailing party. 19. Third Party Beneficiaries, This Agreement will not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties will have any right of action hereunder for any cause whatsoever. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. ?,F.S TO _. 10 M . v s ATTEST: `v GO Varnarsdall, Town Cleric 2019 07-30 Cwler ndal Jznding HQ➢A6nal TOWN: TOWN OF FIRESTONE, COLORADO By. & l �& , obbi Sin ar, ayor 7 OWNER; Centennial Lending, LLC By: LL' ACIKNOWLEDGMENT STATE OF COLORADO ) ) ss. COUN Y OF ( ) The foregoing strument was aclmowledged before me this � day of , 20_B, by „�/ t _ as�t%'ff V4 N �,f, l�uf f Centennial Lending, C. Witness my hand and official seal. My commission expires: 7 (SEAL) Notary Publi MELISSA K JACKSON NOTARY PUBLIC STATE OF COLORA®O NOTARY ID 20004oaW65 MY Cammfaclan Exp1m D"mber U, 2020 0 EXHIBIT A FDP — Centennial Lending Headquarters LEGAL DESCRIPTION LOTS, BLOCK 2 OF DEL CAMINO JUNCTION BUSINESS PARK P.U,D., RECORDED ON DECEMBER 17, 1999 AT RECEPTION NO. 2739037 AT THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER, BEING LOCATED IN THE W X, SW A OF SECTION 2, T2N, R69W OF THE 6TH PM, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO. CONTAINING AN AREA OF 2.178 ACRES (94,873.68 SZ FT.), MORE OR LESS. PROPERTY ADDRESS 11281 BUSINESS PARK CIRCLE FIRESTONE, COLORADO 80504 APPROVED BY THE TOWN BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO THIS 1y DAY OF .0,., 20� BY RESOLUTION NO. �fN7�� �r(11t. �;: _'1°`•'R ;r�..i, r.,c7„n.ekrf.,f MAYOR - a ATTEST: TOWN CLERK ACCEPTANCE BLOCK AND NOTARY BY SIGNING THIS FDP, THE OWNER ACKNOWLEDGES AND ACCEPTS ALL THE REQUIREMENTS AND INTENT SET FORTH HEREIN. �-� .kll L: nt �AIp OWNER[ ENTENNIAL LENDING, LLC, A COLORADO LIMITED, LIABILITY COMPANY STATE OF COLORADO ) I55 COUNTY OF WELD ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS a7.a- DAYOF j_aL,A 2_L Lf . BY — Pnuic JSllPak Ctrtyrnnin.[ Lino(h , U.G WITNESS MY HAND AND OFFICIAL SEAL aii NO ARY PUBLIC 09 i Re IAD MY COMMISSION EXPIRES FINAL DEVELOPMENT PLAN CENTENNIAL LENDING HEADQUARTERS LOT 5, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U.D. TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO SHEET 1 OF 22 Viciniiy Map R DEVELOPMENT SUMMARY AMOUNT SITE COVERAGE PROPERTY AREA: t2.18 AC. PER PLAT 100% (t94,776 SF) BUILDING FOOTPRINT: t9,620 SF 10% CONCRETE; 147,629 SF 60% LANDSCAPEDAREA: t37,627SF (BY SUBTRACTION) (ALL PAVED AREAS ARE CONCRETE) 401A IRRIGATED LANDSCAPE: ±29,9365F (TURF +SHRUB BEDS) NON -IRRIGATED t7,691 SF (INCLUDES TEMPORARILY LANDSCAPE: IRRIGATED NATIVE TURF AND ON SITE RIP -RAP) PARKING LOT AREA: 342,383 SF PARKING LOT INTERNAL t18.140 SF (INCLUDES ALL LANDSCAPE LANDSCAPED AREA: WITHIN AND INCLUDING ADJ. BUFFER AND SETBACKS PER §10.5.17. BUILDING FLOOR AREA: f17,Q59 SF (f9,421 SF 1 ST FLOOR +t8,438 2ND FLOOR) PARKING REQUIRED: 88 SPACES (RATE = 1 SPACE 1200 SF) PARKING PROVIDED: NOSE -IN PARKING 90 SPACES 9' X 20' TYP. VAN ACCESSIBLE 1 SPACE 81X20'+TAISLE ACCESSIBLE PARKING 3 SPACES IT X 20' + V AISLE MIN. PROJECT TOTAL: 94 SPACES (4 ADA SPACES RE4'D (+ BIKE RACKS) @ 76.10D SPACES) PROJECT TEAM PROPERTY OWNER J DEVELOPER: TRANSPORTATION ENGINEER: CENTENN}AL LENDING, LLC DEUCH ASSOCIATES 4112 KODIAK CCURT, UNIT 0 2172 GLEN HAVEN OR, LONGMONT, CO 80504 LOVELAND, C080538 ATTN: JEFF DAVI5 ATTN: MICHAEL DEUCH, PE JEFF.OAVIS@CENTENNLAL-LENDING.COM MATTPOELICHASSOCCOM 72G494-2745 970-669-2061 PLANNER& LANDSCAPEARCHITECT: ARCHITECT; LANDMARK ENGINEERING, LTD. VFW ARCHITECTS 3521 W. EISENHOWER BLVD. 419 CANYON AVE, STE. 41200 LOVELAND, CO B0537 FORT COW N5, C080521 ATTN: LEE MARTIN, RIA. ATTN; ANDY GOLDMAN, AIA LMARTIN@LANDMARKLTO.COM ANDY@VFLA.COM 970,657.6226 970-224-1191 SURVEYOR: CIVIL ENGINEER: 5TEILSLRVEYING SERVICES, LLC SUMMIT ENGINEERING, LLC 1102 WM 19TH STREET 5907TOW NSEND PLACE CHEYENNE, WY R2Cp1 CHEYENNE, WY 82C09 ATTN: JEFF ZONES, PL9 ATTN: LARRY GALLAGHER, PE JEFF@STEILSuRvEY,CCM LARRY@SUMMITENSINEERINGWY.COM 307-634.7273 307-637-0581 GEOTECHNICAL CONSULTANT; IRRIGATION DESIGNER: LANDMARK ENGINEERING, LTD, MPI DESIGNS, LLC 3S21 W. EISENHOWER BLVD, P.O. DOX345 LOVELAND, CO 80557 W INDSOR CO, S05SO ATTN; LARRY MILLER ATTN: MICHELLE PETERSON MILLERL@LANOMARKLTO.CCM MICFEU E@MPIOESIGNSLLC.COM 97G-6G7-6286 970-402.3047 SHEET INDEX 1 OF 22 COVER SHEET 2 OF 22 NARRATIVE 3 OF 22 S17E PLAN 4-5 OF21 GRADING PLAN & DETAILS 6-7 OP 22 UTILITY PLAN & DETAILS 8-9 OF 22 LANDSCAPE PLAN & DETAILS 10-13 OF 22 IRRIGATION PLAN & DETAILS 14-15 OF 22 BUILDING ELEVATIONS 16-21 OF 22 LIGHTING & PHOTOMETRIC PLAN 22 OF 22 STRIPING & SIGN PLAN IL nqlm� Engle© r PROJECT CONCEPT THIS FINAL DEVELOPMENT PLAN ((FDP) GOVERNS LOT S, BLOCK 2, OF THE OEL CAMINO JUN CTION PUD AS RECORDED. NO CHANGES TO THE LOT ❑ESCRI15TION ARE PROPOSED, THE OWNER, CENTENNIAL LENDING, LLC, INTENDS TO RELOCATE ITS HEADQUARTERS TO THE PROPERTY. THE ARCHITECTURE SITE DESIGN, AND LANDSCAPE ARCHITECTURE WILL COMPLEMENT EXISTING BUILDINGS IN THE DEL CAMINO JUNCTION BUSINESS PARK. DEVELOPMENT SCHEDULE CONSTRUCTION WILL OCCUR IN A SINGLE PHASE FOLLOWING ANTICIPATED APPROVAL OF THIS FOP, FROM SUMMER 2019 THROUGH EARLY 2020. LAND USES THE PROPERTY HAS A COMPREHENSIVE PLAN DESIGNATION OF "COMMERCIAL AND OFFICE "AND IS ZONED PUD. THE GOVERNING PUD REFERENCES`THE TOWN'S EC (EMPLOYMENT CENTER) DISTRICT, W 1TH THE INTENT OF ALLOWING ATRANSIT10N FROM SOUTH TO NORTH OF REGIONAL COMMERCIAL" TO "EMPLOYMENT CENTER.' THE HEADQUARTERS BUILDING WILL BE PREDOMINANTLY OFFICE USES; HOWEVER, CLIENTS WILLVISIT THE BUILDING REGULARLY. THEREFORE, THE USE IS CONSISTENT WITH THE INTENT OF THE PUD ATTHIS LOCATION. ARCHITECTURE AND SITE DESIGN THETWO-STORY BUILDING 15A CONTEMPORARY DESIGN WITH FOUR-SIDED ARCH ITECTURE, AN D IS INTENDIED TO BE PROMINENTLYVISIBLE FROM 1-25. THE BUILDING WAS SITED I PART TO MINIMIZE VIEWS OF PARKING FROM THE INTERSTATE, WITH PARKING BE HIND THE BUILDING TO THE EXTENT POSSIBLE. THE MASSING 0FTHE BUILDING, AS WELL AS THE MATERIALS AND COLORS, WILL BE COMPATIBLE WITH OTHER STRUCTURES IN THE BUSINESS PARK. THE PRIMARY BUILDING ENTRY 15 ON THE NORTHEAST FA AIDE. SECONDARY BUILDING ENTRIES ARE ON THE NO�THWEST AND SOUTHEAST FACADES, AND ADJACENT TO THE GROUND -LEVEL PATIO N EAR THE SOUTHEASTERN CORNER. A SECONDAEVEL OUTDOOR PATIO IS ABOVE THE SOUTH EAST DOOR. PLEASE REFER TO DETAILED ARCHITECTURAL DESIGN INCLUDED AS PART OF THIS FDP FOR ADDITIONAL INFORMATION. LANDSCAPE ARCHITECTURE PLANTS WERE SELECTED FOR LOW WATER USE,'INTEREST THROUGHOUT THE YEAR, AND GENERAL EASE OF MAINTENANCE, PLANTS WERE PLACEDTO MITIGATE VIEWS OF PARKING AND ACCENTVIEWS TOWARD THE BUILDING, SOME EXISTING TREES INSTALLED SEVERAL YEARS AGO ALONG THE 1-25 FRONTAGE ROAD AND WITHIN THE BUILDING SETBACK ARE PROPOSED TO BE REMOVED AS RESULT OF GRADING DESIGN VEHICULAR ENTRY LOCATIONS AND UTILITY INNLLATION.THE CONDITION OF THESE TEES RANGES FROM FAIR TO POOR. SOME SPECIES, SUCH AS ASH, ARE NO LONGER RECOMMENDED FOR USE ALONG THE FRONT RANGE. EX15TING TREES IN THE DETENTION POND NORTHEAST OF THE PROPERTY FINAL DEVELOPMENT PLAN CENTENNIAL LENDING HEADQUARTERS LOT 5, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U.D. TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO SHEET 2 OF 22 WILL BE PROTECTED IN PLACE AS WELL, REFER TO THE LANDSCAPE PLAN FOR ADDITIONAL INFORMATION. ENVIRONMENTAL IMPACT MITIGATION NO ENVIRONMENTAL CONCERNS HAVE BEEN IDENTIFIED, THE MAJORITY OF THE PROPERTY WAS GRADED GENERALLY LEVEL AND SEEDED WITH NATIVE PRAIRIE GRASSES SEVERAL YEARS AGO. THE AREA ADJACENTTO THE 1-25 FRONTAGE ROAD WAS LANDSCAPED WITH IRRIGATED TURF GRASS AT ABOUT THE SAME TIME. PRIVATE MAINTENANCE, ENFORCEMENT & CONTROLS THE LOT WILL BE MAINTAINED BY THE OWNER, SUCCESSORS, OR ASSIGNS AS REQUIRED BYTHE TOWN OF FIRESTONE ANDTHE DEL CAMINO JUNCTION BUSINESS PARK, ALL COVENANTS AND RESTRICTIONS AS APPROVED WITH THE DEL CAMINO JUNCTION BUSINESS PARK F.D.P. WILL BE FOLLOWED. PARKS, TRAILS, AND OPEN SPACE PRIVATE SIDEWALKS AND TRAILS ARE PLANNED ADJACENT TO PARKING AREAS AND IN THE LANDSCAPED AREA BETWEEN THE BUILDING AND THE I-25 FRONTAGE ROAD. AS NO SIDEWALK 15 PROPOSED ALONG THE FRONTAGE ROAD, NO PEDESTRIAN CONNECTION TO THE FRONTAGE ROAD IS PROPOSED. ONE SIDEWALK CONNECTION IS PROPOSED FROM THE ATTACHED SIDEWALK IN BUSINESS PARK CIRCLE. A GROUND -LEVEL PATIO IS PROPOSED NEAR THE SOUTHEASTERN BUILDING CORNER FOR EMPLOYEES AND GUESTS. THE ABOVE WILL BE MAINTAINED BYTHE OWNER. WITH THE DEL CAMINO JUNCTION BUSINESS PARK FINAL DEVELOPMENT PLAN RECORDED JANUARY 17, 2000, ±5.269 ACRES OF OPEN SPACE WERE PROVIDED (t12%OF THAT FDP. AS THE 10% MINIMUM AREA WAS PROVIDED IN THE ORINAL PEN SPACE AND PARKS AREILING NEITFIER RECLUI Eb NOR PROPO5 D,TS WITH THIS FOP. GRADING AND DRAINAGE THE PROPERTY DRAINS N.E. TO THE EXISTING DETENTION POND ADJACENTTO THE KE. BOUNDARY. THE BUILDING IS PROPOSED TO BE ELEVATED ABOVE EXISTING GRADE FOR DRAINAGE AND VISIBILITY FROM 1-25. A PROPOSED STORM DRAIN LINE PARALLELING THE SOUTHEASTERN BUILDING FACADE INTERCEPTS EXISTING DRAINAGE FROM THE 1-25 FRONTAGE ROAD AND DIRECTS STORM WATER TO THE SWALE ALONG Th NORTHWESTERN PROPERTY BO U N DARY, A MEMORANDUM STATING COMPLIANCE WITH PREVIOUSLY ACCEPTED DRAINAGE STUDIES HAS BEEN SUBMITTED WITH THIS APPLICATION. WATER DEDICATION WATER DEDICATION WAS DETERMINED BASED ON INFORMATION PROVIDED BY THE APPLICANT, THETOTAL AMOUNT OF WATERTO BE DEDICATED TO THE TOWN WAS CALCULATED BASED TOTAL ESTIMATED DOMESTIC (IN -BUILDING) DEMAND AND ON ACRES OF IRRIGATED LANDSCAPINGONTHESITE, THE TOWN SHALLATALL TIMES HAVE THE RIGHT TO REQUIRE ADDITIONAL WATER DEDICATION IF ACTUAL CONSUMPTION EXCEEDSTHIS CALCULATED ESTIMATE. IF THE TOWN DETERMINES THAT ADDITIONAL WATER ISTO BE DEDICATEDTHE LOT OWNER SHALL PRCVIDETHE WATER WITHIN 90 DAYS WRITTEN NOTICE BYTHE TOWN. THE ADDITIONAL DEDICATION SHALL BE BASED ON THE TOWN'S THEN CURRENT WATER DEDICATION POLICIES. THETOWN OF FIRESTONE HAS DETERMINEDTHE REQUIRED RAW WATER DEDICATION TO BE: DOMESTIC DEMAND 120% DOMESTIC DEMAND = 0.47 AC -FT IRRIGATION DEMAND IRRIGATED AREA (ACRES) = 0.69 ACRES TOTAL IRRIGATION DEMAND = 1.51 AC -FT TOTAL DEMAND = 1.98AC-FT ATOTAL OF 1.98 ACRE FEET SHALL BE TRANSFERRED TO THE TOWN PRIOR TO RECORDING THE FDP. THE WATER DEDICATION FOR THIS FOP SHALL BE MET BY DEDUCTING 2 SHARES PROM THE SHARED COT POOL ORIGINALLY CREATED BYTHE THIRD AMENDMENT TO THE DEL CAMINO JUNCTION BUSINESS PARK ANNEXATION AGREEMENTAND PAYING CASHHN-LIEU FOR 1 SHARE. UTILITIES PLEASE REFER TO UTILITY PLANS AND DETAILS INCLUDED kN THI5 FDP. UTILITY SERVICE PROVIDERS WATER: TOWN OF FIRESTONE SANITARY SEWER: ST. VRAIN SANITATION DISTRICT NATURAL GAS: SOURCE GAS PHONE: CENTURY LINK ELECTRIC: UNITED POWER WATER METER TABLE QUANTITY SIZE TYPE 1 V. COMMERCIAL 0 NA IRRIGATION PARKING AND ACCESS OFF-STREET PARKING WILL BE PROVIDED AS SHOWN ON THE SITE PLAN AT A RATIO OF SLIGHTLY GREATER THAN THE TOWN'S REQUIREMENTOF ONE SPACE PER 200 SQUARE PEET OF BUILDING FLOOR AREA. PARKING AREAS WILL BE CONCRETE, WITH CONCRETE CURB AND GUTTER. LANDSCAPED ISLANDS IN PARKING AREAS ARE PROVIDED AS WELL, PARKING LOT ACCESS 15 VIA BUSINESS PARK CIRCLE AND THE 1-25 FRONTAGE ROAD. FRONTAGE ROAD ACCESS 15 RIGHT -IN / RIGHT -OUT, WITH A RAISED CONCRETE MEDIAN. ACCESS AT BUSINESS PARK CIRCLE IS PULLTURNING MOVEMENT. NO CONCRETE PAVEMENTSHALL BE INSTALLED UNTILTHE TOWN HAS REVIEWED AND APPROVEDA FINAL PAVEMENT DESIGN REPORT. SIGN PROGRAM WALL -MOUNTED SIGNS ARE PROPOSED ON THE S.E. AND N.E. BUILDING ELEVATIONS FOR VISIBILITY FROM 1-25. A MONUMENTSIGN IS PROPOSED NEAR THE S.E. BUILDING CORNER. THESZ SIGNS ARE ILLUSTRATED ON THE STRIPING & SIGN PLAN. INCIDENTAL SIGNS, SUCH AS DIRECTIONAL SIGNS, "NO PARKING," °CUSTOMER PARKING," ETC., ARE 5H6WN TO THE EXTENT POSSIBLE ON THE STRIPING & SIGN PLAN. ADDITIONAL INCIDENTALSIGNS MAY BE INSTALLED ATTHE DISCRETION OFTHE OWNER WITHOUT NECESSITATING AN AMENDMENTTO THIS FDP, TO CONFORM WITH SECTION 17.31.060 "INFORMATIONAL SIGNS" IN THE FIRESTONE MUNICIPAL CODE FROM TIME TO TIME, THE OWNER MAY ERECT TEMPORARY SIGNS, INSTALL SEASONAL HOLIDAY DISPLAYS, PLACE WINDOW BANNERS,AND/OR UTILIZE OTHER PROMOTONAL MATERIALS TO BE DETERMINED, SUCH MATERIALS WILL BE MAINTAINED BYTHE OWNER IN GOOD REPAIR, AND WILL BE ENTIRELY ON THE SUBJECT PROPERTY. SETBACKS NO CHANGES TO THE SETBACKS DESCRIBED IN THE DEL CAMINO JUNCTION BUSINESS PARK F.D.P. ARE PROPOSED. THESE ARE: FROM 1-25 FRONTAGE ROAD; 50' FROM N.E. PROPERTY LINE: 10, FROM N.W. PROPERTY LINE: 20' BUILDING SETBACKS SHOWN ON THE SITE PLAN COMPLY WITH THE ABOVE. E npine a� Inca TREES PRaPOSEDC rauralT7a � -- �, DRAvucEEASERENr � ' E PAR r N T E R 5 T A T E 25 PUBLIC R.O.W. ( WIDTH VAR' EIS) CURVETABLE CURVE6 DELTA RADIUS CHORGOEARING CHOROLENGTN ARCLENGTH CI(M) 2D'2{'4P 682.75' 536.2T17'E 312.05' 313.70' O2)R) 20.22'16• 882.75' S86'&VWE 012,21' 213A5' S I T E P L A N FINAL DEVELOPMENT PLAN CENTENNIAL LENDING HEADQUARTERS LOT 6, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U.Q. r TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO SINGLE POUR [ SEPARATE POURS SHEET 3 OF 22 THIS I NOTTHIS t NOT TH)s I " - OR 7HI5 I 1 I € 1 .%E 'O' y F fSidewalk Sccrin I Detail 13) Srale: 5• = 4U • o• A SITE PLAN NOTES FXLTTPIO TARI ( 1 4. BASE INFORMATION, SURVEYED BASEAND ELECTRONIC PLAT EW ppDrosEucawEcrrowrDETLSMc EALNTE60m" DRAWINGS BY STEIL SURVEYING. SAxTARr��1ERILVR� 111t Fx.rArERLwE z, PARKING. PARKING PROPOSED ON THIS SITE PLAN IS FOR THE _EJSEWERA JMD E EXCLUSIVE USE OF LOT 5. THE OWNER RESERVES THE RIGHT TO 1a uTvaEX54lRARY5ELIERLUZ ENTER INTO SHARED PARKING AGREEMENTS WITH ADJACENT Katf m'MJ DRAINAGE EASEMEli7 I I Lx4s•J2'FuddR_ PROPERTY OWNERS, UNLESS OTHERWISE NO fED, ALL PARKING 1 ExArrACNEDSDEvuzx AISLES ARE TWO-WAY TRAFFIC. 1zn sa i{z5• - TDRE'aALv 3. PATIO AREA, THE PATIO SEATING AREA PROPOSED ADJACENT TO U. IiRV151fh�1'4RRflCP1. THE NORTHEAST BUILDING CORNER 15 INTENDED FOR USE BY 6 C 1r y I 3I 4 11 1wR1eERaeExrEDnv EMPLOYEES AND GUESTS OF THE OWNER. A CLEWLWFTJWIREMADEVi4S4w 4. LIGHTING, BUILDING -MOUNTED LIGHTS ARE NOT SHOWN ON THIS i 1 r 1., PRdFDSEnsIC'L' _ ��.+ - -,A ,, r a cuTr6Nsru�prrEwcrtDssPulSwnwvr DRAWING- REFER TO THE LIGHTING & PHOTOMETRIC PLAN FOR �A E 5suaxrorsrlPsevcASAwT. ADDITIONAL DETAILS. 2; � �P"-�r. EQS72 G S. GRADING AND UTILITIES. SEE FINAL CIVIL ENGINEERING sE4TNLLi15EE0ETAAsr 6J .,� y48 ;- -tea`" lu lgRO6DN'AY I (A) CONSTRUCTION PLANS FOR DETAILED GRADING AND UTILITY a19 DESIGN, PAVEMENT THICKNESS, ETC. S. STORMWATER DETENTION. NO POND IS PROPOSED ON THIS PROPERTY. A REGIONAL DETENTION POND ON TRACT 8, BLOCK 2, SERVICES L07 5 ACCOMMODATES THIS PROPERTY, 7. DRAINAGE INFORMATION, THE ENTIRETY OF THE SITE IS WITHIN THE FEMA ZONE-X FOR MINIMAL FLOOD HAZARD, CENTENNIAL LENDING s.c ,,. K F I -ram ; p `y: I USTO)GHom 0. BUILDING FOOTPRINT, PLAN VIEW BUILDING IS PER DRAWING HEADQUARTERS 2- STORY OFFICE BUILDING (3B,E20SFFDOTPRINT1 217,9595FTOTAL FLOOR AREA) FFE: 4,850Sol RECTRICALSE LX2R RYPj / wr rruT risriY iCGNCF+F7E$iDE4'4JRJ PRDom W4 EX WATER NTE GROIAI6AgUIRED roRENu -E. 1-25 FRONTAGE RD.� ry✓,DTH VARIES MAJOR ARTERX) >3� eulllou PrN Lhrb [ bENry IEk'STWGDE1E m'" P3NOTOAENArq 4'r a y EHrR'f PROV€DIED BY THE ARCHITECT. REFER TO ARCHITECTURAL PLANS i I FOR BUILDING AND FOUNDATION DIMENSIONS, FINAL FINISHED a'1 FLOCK ELEVATIONS SHALL NOT EXCEED MINIMUM FINISHED FLOOR .� ELEVATIONS BY MORE THAN 2 FEET ®R I 9. STANDARD DIMENSIONS. UNLESS OTHERWISE NOTED: nor,6 " — ��rropN • CURB RETURNS ADJACENT TO PARKING ARE 2' RADII. ' t LOT IT • SIDEWALK INTERSECTIONS ARE Z RADII. . ' . SIDEWALK WIDTHS ARE & MINIMUM WIDTH ADJACENT TO PARKING, I—EDBTINGGIPBTCPEILIPr "I1reR AND V MINIMUM WIDTH ELSEWHERE. j - �; ITAEn IRRIfYPW18 • PARKING STALLS ARE V WIDTH X 21r DEPTH. . _ I L ` / -/ PROpp T GOEES7ICTM � _ _LEGEND _ ' i — ~ r •••• ••� � — — — — — — �• _ ., � "I PFOPCL%D � 819NLP GElIF.4 rOR (/'XN KWIIAEMSGN-- lTO6•REWCER. , PER CML P4x5 / /ENLTWGEOOEOFG64GRETE - ..+. ;� CONFAETE CCNFAFTEPAD) I r TO Rm"frYPj ' PS0fOSED11GNf 0 PAl3�IPERCMLDRAVM3p l J • J FS"E(SEEMITEI) 0 TRAM MOM((��EER � I j EaR@ICd'SNa- FRCMSFDROLVM AR151mm DPAVANG51 'i IIGNTIStE NOTE4) PROFpyT;DAFJAP I EAIs'rIND FULL N ECTION R�M4eNTERSr-_ngir,aprincP •rv. .. TI � —rrrxyorarAx walr-- ••• .� I CENTENNIAL LENDING HEADQUARTERS SITE PLAN I I ADJACENT PROPERTIES PLANREP DRECrON D CRI IDH NAME OF CENTENNIAL (D) )----------� `— —. tOr°'B`°�a' APPLICANT., LENDING LLC i REC. NO.107823 , 11220 BUSINESS PARK CIR, MESTWSSTERNNOTGW TYPE OF FINAL ExISTiNO EWCr DITUNION SUBMITTAL: DEVELOPMENT �9UR-PING PFE wyT,R55' TRAGTR, 3O2 (� N.E. PUTS ,2T30eN PLAN {DETENTION POND) LRFC .'Na 2JM7 (G} N.W. (VACANTLAND) D 15 30 60 - LOT1•A,BLOCK7 .]� S.W. ""'N.m1wAGE pO. (d11 REc HSFA NT SCALE: i Inch =SO feel THE ABOVE PROPERTIES AAFVNTHVN THEDEL CAMINOJUNCVONPOO DATE PREPARED: 12/5/, REVISION DATE: 4W4 REV1510N DATE: 5/31/1 REVISION DATE: 6/271201; REVISION DATE: REVISION DATE: W "FLEET FINAL DEVELOPMENT PLAN I 1 a \' ze CVAR cur Ews we snw 4AkwGE CENTENNIAL LENDING HEADQUARTERS d'1� F'N.4 L is LOT 5, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U.D. 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A•- �� Tim ��'`-,I ,_W SUMMIT ENGINEERING, LLC _ 'r :f-=ar.__ 1 •'7 `is _I s ` farlh-HouhPliThroW9n - -. --� - , s, f•'� wia]r"Isa�lw..uml .� zz �5 `: s'4�0 r " e I' CENTENNIAL LENDING HEACQUARTERS ?ito4Cao� BAv -= ; Nprth $pwnd Throp�h ' - LaGRADING PLAN �\ 1 r ' ;- 1- gJer�� r . I . • i Lef(Tiirn ne.#n'BiJsines; �ark,�i�cic•"►E � •. .. � • NAME OF CENTENNIAL �,` 1 Saufh-6buntl Tf7rou3 arle. s i, • I • - ' APPLICANT: LENDING, LLC `� 4 `';'- - _ - - 1•S 9•, TYPE OF FINAL \I _______ ----- �_''_�_�___--'�_ •.,_ I- SUBMITTAL: DEVELOPMENT _ PLAN __.---- ~ �\�'"'•. DATE PREPARED: 12/5/2018 - _ fl• REVISION DATE; 4/4/2019 REVISION DATE: 1 5/31/2019 r — — — — -- REVISION DATE: 6/27/2019 MYLAFi REVISION DATE: RFVlctnn€ neTF' I_ I 5' 4-vEs VxwES EEOp11:0 IUIEMAL '.............................. .: ... 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'1 ,.1 : ` . °' - _ v ,,- 5UMAdCI'L"t']G[NBETtING, LLC 1 L"s..1 •. :: ti .'', I ..'.�•. `• .- • •. - . a . i � : !/�'� aaanaeN G_I°, d ' ' •'' 'F CENTENNIAL LENDING HEADQUARTERS UTILITY PLAN NAME OF CENTENNIAL APPLICANT: LENDING, LLC TYPE OF FINAL DEVELOPMENT SUBMITTAL: n, h 1 FLARE) ERA SECTIpN STORM SEWER OUTLET ISOMETRIC VIEW WA M*E.RVAX i eeT"m�.•ve FINAL DEVELOPMENT PLAN CENTENNIAL LENDING HEADQUARTERS LOT 5, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U.D TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO SHEET 7 OF 22 ti--�- xxramxmu ti,w, nxxwrc W-I ST. VRAIN SANITATION DISTRICT SE47ER SERVICE CLEANOUT i iR. Q R.4 x¢ita noi[s ,. NmAmatu,unuWpWM1£IXv,whXn1 >. nuXv4pvl,Saf. ua�[uXAHX1[PfstRvn aRaX[1 � p�W�ic�iu��xnddNIDW a]m®an,xe KRM1 q, 4M1BE '. r•oex�� uu me�mwFrv¢ITXwa, nium¢xsrtn .. na.ev.urtx ex aevn,aaroo. vo wwwawe ws ""cu.0 �ira�wa ,rea.ray.r ' irtnwea`s``iw'�vm",'u,`"�`v,ernnrna,wrm,,,,,x,w,xa n ��amlauu.,mvencayucowaoss,au,uxnarwsa,m ST. VRAIN SANITATION DISTRICT CONCRETE G:NCAz3F%lCNT 6ir,.. cnl.!vnJ.`L"N1A�•n-.-_ i.+.:n%-1 E l tea. f i •........,,........... ,,,.r. nRTIII'VT:InI.Y."P R�0. IMERIVEGRATC, FRANK xlx:.,VY DUTY slxEnan X,Xrrv,xlxcX ot7An >t> �mn,raniox xcx R-4342 19 S.S ST. VRAIN SANITATION DISTRICT UTILITY ENCASEMENT 14 SUMMIT ENGINLLRING, LLC t„19 UTILITY DETAILS NAME OF CENTENNIAL APPLICANT: LENDING, LLC TYPE OF FINAL SUBMITTAL: DEVELOPMENT Y I ... FINAL DEVELOPMENT PLAN CENTENNIAL LENDING HEADQUARTERS STATEMENT OF INTENT: LOT 5, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U.D. CATALPA STREET TREES ARE TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO PROPOSED ALONG BUSINESS PARK SHEET 8 OF 22 CIRCLE FOR LATE SPRING BLOOMS REsraRErurnETURF�� I AND GENEROUS SHADE COVER. AT \ • P�w¢Auxncxrlo�uu cmRlra rOu MWINSTALL4MOF + � I THE SITE ENTRANCES CRABAPPLES \ sEPwEREen r�4 mrx pcwlauuus R+a.r+FvpER NOTE T, RTP.1 1Pp�n IRaIs`" nuwcmca�TLawaas z , mRlvw PRRI D n Euvr TO ER V i WITH ORNAMENTAL GRASSES aantAsrsxtiRLRassavro t. +� Fawa.vw�s 1 EDOVER}EADLIGHi ��l �� I BELOW WRAP AROUND THE SEITARDar�A�wEY C1`) �w ORaw. [I-Irl.11 GNTWGPLMI Pufsro Awn ;}, '1 � P�eanSarF i VISUAL N4617'44`e 4WW(q) ff I I ENTRY TO THE PROPERTY. ESIOAEIu1hERll6F0Ll0WAG 7 �,J�' {) -1 ADJACENT TO PARKING AREAS, 0.M1111 i51r1tIrAWJlIP .. �i2e�'ry�. Nob' 39' 00"iY 43830' M lel 'mPPIE 1/ r.. Plcmc P,,}FFlelllRI mAiPA L %PREEN&E Wy '`` � _ Jf! rdlsxr�ffRSI�E 044 E k UENTPER{lOTF�7 ti R �i+L RESTORE IARIG4TED TURFIN AGE 80AOROY(PEfl NOTE a �6t5 RAP 6 DR.UIMGE CTURETO EVAN� - >\ 1 \ ti r\ � L A N D S C A P E P L A N 1311 {nPlap PAOAD5ED AOL[AHO il(s' �.+r [fYP�lvEALGHTWOPLti R ENCLOSGRE Amp — m WIN CE14TENKLAL LENDING NFdOgUARTERS f17,859 SF FLOOR AREA F.F.E. 4850.50 1 yj PRPoI!'F M sac ~nr.1pC, 'Fir 8'. r E!}KpIRYH4�PMI1yG.—,—�k �bb ' S�rirp ',..E�fl4ianhiFK.V®MrC70PEW1NA9Pn551&F -.- PIFSSOFEFSirq'2eeOUTLM J S46' J9 29E 189, 19 M N46 17'44 E T89.147 y JUNIPERS AND SPIREA WILL SCREEN mcuc VIEWS OF PARKED CARS FROM I-25 AND THE FRONTAGE ROAD. SPRUCE TREES WILL CREATE A BACKGROUND FOR THE GROUND -MOUNTED SIGN NEAR THE SOUTH- EASTERN �" rNi�R n REE BUILDING CORNER. DRIFTS OF /• nlwss wNRSP �� I � \ ORNAMENTAL GRASSES PAIRED WITH ROSES AND LARGE DECIDUOUS 1.... SHRUBS ALONG THE SOUTH 1 Ply BUILDING FACADE SOFTEN THE I LOWER EXTENTS OF THE BUILDING FACADE AS SEEN FROM EAST FRONTAGE ROAD, A COURTYARD J 4 S I NORTHEAST OF THE BUILDING WIL 18 BE ENCLOSED WITH A SEATING WALL WITH ORNAMENTAL GRASSES BEHIND 1T TO CREATE AN OUTDOOR GATHERING SPACE FOR STAFF AND PATRONS. Ilan I I muN ! P}xar, r I Lantlsea re Legend r4c N m r.I �. J—• k � �'���xarn wafnEums F P4�¢ IN I ��YEAG�iAY'Y�i{I rv/'CIV e � �PwG[e v1 F4iLPR9 NRF® _ —.— �u�rPxsFr lrm III I I pama NdmLUYr PEEWIEIDA+Ii 1 I 2 F1T06F90.FAF1a11]If .. 1, E<ll1U1YttAN5-� I M{{''" •sncwxTtRLRreJ EYJ5IWGTURFW `' NNEGifG!•TTAP P=ICRA.W. i MWIUnNua ronawN 55 i E ngInoaring F CENTENNIAL LENDING HEADQUARTERS'- # LANDSCAPE PLAN NAME OF CENTENNIAL Eag l I. z 5 APPLICANT: LENDING, LLC r o» I %p a R c a d I FINAL ' TYPE OF SUBMITTAL: DEVELOPMENT PLAN D 10 20 40s��vr.rvPr S.rnr4 +r<rr�rio REVrsION DATE: SCALE: 11nch-20Mettpr REVISION DATE: 5I IFFY LANDSCAPE NOTES 2. REGIPRED PLANT MATERIALS SHALL BE GROWN IN A NURSERY IN ACCORDANCE W TTH PROPER HORTICULTURAL PRACTICE. PLANTSSHALL BE HEALTHY, WELL -BRANCHED STOCK WITH A GROWTH HABIT NORMAL TC 7HP SPECIES AND VARIETY, AND FREE OF DISEASPS INSECTS AND INJURIES, 2, ALL WITH pN AUTOMATIC CRRO�.IN SHUT-OFF DEVICEALL BE . 3. THE AN OWNER SHALL MAINTA4N THE LANDSCAPING AS APPROVED IN THE FINAL LANDSCAPE 19 FINAL, DEVELOPMENT PLAN CENTENNIAL LENDING HEADQUARTERS LOT 5, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U.D. TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO SKEET 9 OF 22 TRIO r TX I P CONORFIE sue AEP PJN / P ^ GENTERRACKSON CONCRETE 61A3 BIKE RACK LAYOUT 114••1'•2' IBXII:L CPIEDrNACLR Trx�� sy.lyM R�wuR�co�PLrr IUI�A w.Imr. r ]YIISn � NI/,mlMf%4KYMAM 15ippt1'fMR1rFOMFIi� IBDM IA'Tpp6l�Ripwq BIKE RACK DETAIL NTS GPrF�YIi54�xYxA A�RDriE'T NOCevuV. TF YM N'TYAJ 3r:ir FASGACIXGpIianAF To . nqN �WAFA LVDY4`F Ip AGF FERPrPPE51 RTL'TARaNASq 9TRATUPIL SEAT WALL DETAIL NUB PLANT LIST MATURE COMMENT) COOANOEO QTY. BOTANIC NAFI�ME COMMON NAME HT. X spe, CON➢ITTON 512E CASP b CATALPA SPECIOSA WESTERN CATALPA SDX3G S+S ZCAIFER CEOC 5 CELTIS CCOR TAUS GYDI 4 GYMNOULIOIA3 IAESTERN HACXSERRY ESPRESSO' KENTUCKY wXSq 67X33 B+B R+R -" DIOICLS ESPRESSO' CUMC 4 OUERCUSX MACOANIEUI L^LEAfONS' COFFEE TREE HERITAGE OAK 60X 49 0.8 5118TOTAL to ORNAMENTAL TREE5 ACDI 5 ACER GBVNAIA YLIMP FLAME GINNA{A MAPLE WX27 015 CONT. MULRSTEM BTEEIEDCbAnafTGv OF WIN rNOT riYTSJ AAIRDAIWRTYRUSH MNTH MATH A MALVSx TI11NO8RCHILD' TFNNOPRC}IILD CRAB 20%55 R+ S 4- NOW. H7, rGA11PER FWISflE➢RPADE. NOWORROCIMIGI I NABS A Sx'S"C S S AB ZVX13 B+D ZCAUPER lI1RFlkAiAE IIRF PFR R.W` 1LN. �cPTHFPRkorESJ s1EEL EDGWG PRDiRLORM ABOVE GRABEAkdiV! FWr$HFb GRADE ATIEATLINGTOREfAINMILCN 'kj�Glr-ED BYRE 3 SUBTOTAL 16 Syk $YRWGA RET1CVu1TA A JAPPNESETREE ULAC ANE ETREE WX 12, 015 COW. MULTISTEM VMIN. HT. SR£EXaANATIDN / AW lSATRW WARD. �� rFELEOGu�G� IMYBBRCOLQEa y'... -^ _ '�:." n I 1• ^ CONIFERTREES PIRA 6 MCEA PVNGENS UAKERY RA14FRI NIC ;MFA651CSELON .m. LSkTh S1RRER FABwC'�..I'rIf i Iy -N•�ITFPRSNEp SUBTOTAL 6 SPRUCE w%SV 120 COW, 5'MIN.W. C0170001, EOGMIG FERNOTESGRADE TOTAL. TREE&SB STEEL EDGING INSTALLATION DETAIL BROADLEAFSHRUBs NIB ANAL 4 AMELANCNIER ALNIFOLTA'08EUSx' STANDING OVATION 6ERVICEDERRY i5X3 PS COW. ARPA T ARCTOSTAP CS PATULA GREENLEAF MAN2AMTA 7'X7 AS CUNT. aWFESOFOMAMEk7N PME 13 PRUNUSSESSEM PAvm ESUITES I.SX 6' #5 COW. GR565E51NCOIIMNN PUN! 1'fT-AWDg4lCfko OM1E PR RNTR 17 PAWNEE BUTTES' RHUS TRlLOBATA SAND CHERRY AUTUMN AMBER I.SX n' AS COW. FFRAM'T— TYP. URN CFAs FPJCNfT AT RCFERTOLM95CJPf:JRMM FORAAPRGItYMI'E SpAGWG ROLL 9 AUTUMN AMBER ROSA GLAUaA SUMAC REDUW ROSE 0' s5 COW. I,UTINNYL'NIIE5FRDN3I31188LER CPAAAIGRAS5)iafYB4Vd TilERSTER MULCH FER NOTEE XEEPIAXCH R4NU S RUSRIFOLM' ROSA RVGOSA RUDOSA ROSE 5'%5 is COW. fEATXER lEEOGI4U55) ATLFAST /'FROM LRWuN CFPUVR. ROM 23 ROSAX 4MNNWEG PARRS RUSE 3.3%33 PS BOW. AUOWUCRWVTAANTS IOSTAi10 FWISIEO CAfADEPER CTAL U+SLNE POBITNECRAWSETNI[OIIG T SENT 27 WINNIPEO PARRS' SPRIRACA NIFADNl CHEYENHE 880w- f%4' IIS CONT. AYLE4S118ROUENMAYFmRLbwY PRIp.EAAudLALLYMTFNWIER•EWLY VAAL M$A) AIWS MOUND SPIRFA S°8VrW1OA .P � MW.IA%I MCFROOTSALLTO SYPA. 11 SYRWCA PA NLA WSSX,.' MISS HIMULAC $%5 /SLOW. ' 0 RP,ANTINGAT. VIkA 16 VSrHRGNAUIM LANTANA MOHICAH YISURMIM n'%G' RS COW. 3 SIX1RWG WSTAUJ N1M VALLSMDBOROMOF NIIrIGPIT. SUBTOTAL 136 EfY WONVOLFAR47LE 9OU01A7AOOTEPtLTo BACAFILL MTR NATIVE sdIFRCM 1NG5NEooNorcgAlPACT CONIFEROUS SHRURS SIIBr'MOE MIDSLUSMACX� N%L WTHE 5W1GRAaETO LS'r 1T JVNlPERUS SABINA TAMMYJJNIPPR 2191? 05 CONT. OTBAL1l ORE TIWI O4L JUSG A TAMMY' JUNlPERUS SgUAMATA BLUESTARJUNIPER 3'%1 ITS COM. ORNAMENTAL GRASS PLANTING DETAIL SUBT07A1 2! 'SLUE 37Axl N75 TOTAL SHRUBST 165 WSTAUL CFACDTHAl1 r ORNAMENTAL GRASSES 3 PERENNIALS BOGS AF 80UYELOUAORACILIJS BLONDE AMBITION lWX 1.6, PI CONT. oZA3D4ESIlgR .,•, • T NxH5.1 BLONDE PA181T0N OAAC na CA[gMAGROSTIS RWE GPAMA GRASS KARL FOERSTER 5'%Y #I CONT. FG BISR t1'AODVE `• ; ® A'CPSIEWC; ACUTIFLORA 'MARL POER$TER' FEATHERREEDGRASS SURROII'i➢PlD G9AOE FlNL91F0 G0.10E CT07CTOTRI HESE W HELIGkON SLUR AVENA ggq$8 3'%S t1 COW. ® V�EPCES - SCAWYPANrN61`F y8yLLS SE ENs MIST 101 MISCANTHU981 ENSU5 ADAGIO "DEN DRASG G'%S t1 COW. piIN,ORK Tv 9%CM. OFOOr6t�PIUJ i 8AcviU-mDCw1TNEsa 'ADAGIO' SCSq 7B 'THEGLUMUSTUTTLF S.5'%2' R1 COW. 00h9T�AT^N� SCHI=HMRIUM RLUE$' TOTAL 387 SOB OR EACYFLV. Tp TO 1. DRWENOAQgLIDLWGROOIn4L8MUL OF RFAEC 1, PRUNEMLLNNAGED pR CFADV.000 WlEOMTELYPA01170 PlANTNG ALLOROOTTGGRPOlm OTHER LANDSCAPE MATERIALS ON SUE OFF SUE PRW. TOAL SHRUB PLANTING DETAIL MULCHEDRIGATF TURF IRRIGATED TURF AREA' ;1 wzF ;29 sF xl]BS3 RF ;IS.7BI SF AA,1103F .2O4718F TITS NATIVE TURF AREA sOLU8 SF ;152 sF ;S,AOn SF ACTWL��"A p15TVRSARLE RCSIItllrfG fROATCOAISTRUCriONACTMriESJ AR9VE n45E0 OV ATTALHTOTREERITH13'R1MTNN STRAP WSTAILTOPOFROOI BALL®®z'A3CAE MGA vANRmvARE E En�ln®orin9 s i c sLCAP BYSAtG- CG pJBTAl1W4MW1R'RiQTEPJG TapCTS4omov BY57AI (M4 LNAPPROI/FU FOUALITITJ YETALTSTlJfE. AlIGN5TA c5 &O THAT TNENWEIS ,v�N�r 'm-.'+�• �`r �,� AAMLIq TO TNECIJAB W 1REE [ARM04AIW CENFiQ WMTMES 1 Ssol EL TOPSO VaMOTCLOW APPlIGPLE roliitESWN1EAI FA4 FIATO"0 55b TOPLStEVELVAzrwFALOw MLIGNPERUNDSGPE PLIAI Y'UM FIRST RPANCHFS. GRATc STAKEATIEIIusSa GL1 RE aEPilLFME1101r8EYq 11 bO kOTN5TA1L 1SUWN6'OFSTEk EDGECF YHE PLWTWSPU WID UVOGIIWBEq OR � COMPACTE➢SU.C. CJ91®A1'AnOYE GM140E [X;INERPW WIOSGV'FPIAN FINISHEDSIIPRFIINSHED GTADE ,�1 WARPYINANMOPIT MOTO BACNFRI MIC Ail NA8YE50R HATER WONLYAND ENCOWMGERTGROWM OO ALLOWTOSETRE W kbTCGVP, �r GENXER OFArLLpp TABWEES"'S 00 N0'f COMPzCikATNESPLOP SlalV3L rb MP{ CIAOFPR•2X1RA LIFRODT341j GREATER TI{W 2,Al TbALLllw'U7FR.lLA00T GROVP31 NOTES 3 ANYSSdMENN 0A CR111.®uNG Rr10rP.V.L H1li REPEkCia WE T-A'NDTCMFORDAkA LFACEgm9 EawAGEDmm.ADP=o ANEMATELYPPI TGpLNR11GNEVEIILFAKYCRDICICSO9 ANDELRWREMOVALRnLNOTSEANEMLdLBEFORomwo ROTBILLA FALBLELMUSLR1ESST1PrAcrIEUMM 2. CITM AMCTRONA MMTAIXNWRIU.8ACK GENRy TOhW4[wwoF.AENaVFAO BUMAP, INFO BASifsi3. e. S7AMEINEEVARIENDIIGHs[ADKSOTpCCcwaACF_ S USEISTAKESMTREE 5 fO11 YNRERVATI[Pl IMUFEkfME6MFACEOFTRUMLTO S8GGV0 '28..FIG. SEFTIREPIACRIG RODT&l1W RT.OSACTEOFAJl WERIALS IIRIUY: 00 NOT BWY IN Mr. BAANOiw1TN TREEhWAWY1, SFClREATSfgDT RlrFAYAlSNRN F�6 TTYG 7. srM6�S ANa�ECdY ILNOVIRE HYLGH4iGl!@ Wow GRORWG Much IRRIGATION 5CHEDULE �o��MY rwn�r r oc ,cm„run mrayrr:m la. cues ao repAArm c.a raraA', HNnl rAermnrrryJEpow11 pEO(VALVC. L[+-e0lnrn rgRR F+4 rnM W vAMurt -4�-4�,, ,� w4rfrYL MUS TaAa rRp'Y, 5,La15rM gttAv9 �"�� AX�� rlJltt[RttAS.WR910-,"�Wm Tpe(!:a]FIF91; s[wL 9O HI114[R rawac-rlLnTo-� Rw nrsnr. ao s91 er,;l4Arrn c.v rwLr. WnI rALTCRYufHA�rC Quin pVL4v+lvr. rar�rtr:o AvresrAa rrc:,wxeAlsrAxr � t� xrwu. Innue rDAo rrufi,wH sePAr:NTznTs ®���_,Np- uncle rrasacrvva-uv vnm tuna uouvs l5 acwr-s so _ �'T ' r��CJ-0LJI930[N Mf YRAv.:o r3i c.lr rer-w. YxrH rn4�uarnP,TAELO nWx COMCACW vnMXSALL x1Yn N' RY19TUR nu.Ye-V+U- VD�mxn rRen�dw 5FkAT u01aE3 gp�j :rvrT-Y'-4PIWOre(�ACre,5.1CLv +o naP faiM1iLK L• I: s.x4 p'J rCw.Ur emn enMR vurT. recssLal unluimTP 4u rsl lz.]c �,.v RorArns uozu'cu rlc,.a rcw'. rc xla. L-aarr „e x to ru ao wc. o-aual: aco.nc. ©0© N.W RUT�Pl��x�ll•Pr W l'mn rACrUAr +C uarwzornruvrxln, FTZSSIAa sx4vuao rd Aa I�+I ^.)6 NRi. W N][AIER NaTAF W rasAp B4 r. S-MALLOW ney 9tL21 C, c�cvRn r1ll raL xlde]C, R+LATE 9Fa ARG ®{L}iQ IN4TCKI,V9YA AePS4'.PF91CN Ap rllar eorxlae- L• [Is.aA TIN rOr.NTNTn rf.�pRr eplAUa LIIrLF VN.VF, PetlalleE PLatIAI[C 10 +C p5t I�ARG 9t>El pv mµavAa M: N-M�Cm/. e�glC aw+Rc. �$ ,WxTER rV3=P)rRl'50G1R`�4utV AO ill W eAitiaA, c.m rvrlrtwm Pr.Cr,:zr R5lAurG GttURYri�;, n;s91x[ eFLw,noiP ♦n rsl, wr RaiM1TUR xaplS ax rxy+O C[W. td+l1GIR 6aOW11 FONSIAgAE AR[. 9d21 C. G room, woaasA're:]sccsvr3lxv Ao N W Rp}uR414.{' IVI`k A+m cnfLR VAVVE, rrSW u ueLanren TD.o rs1 rz.ie ar.xl yr nvurae xozRs ox rcnno mw, .lL-axw4cwe cur t Ors so.z Iq, 3W-lr�t GriNINp 4PA lAaL 94al KEPI=KENCff NOTES 5CHEDIJLE 5YMDOL DESCwrncw 1M THE IRRIGATION 5Y5TEM POINT-OF-CCNNEOT[ON [FOCI SHALL BE DUWNSTREw OF THE OOMESTIC WATER TAP AND METER AT THE APPROXIMATE LOGTION SHE 'HEWN (REFER TO CIVIL PLANS FOK tKACT LOCATION), IIISTALL BACKFLOW PMV&MCII UNIT, FLOW SENSOR AND MASTER VALVEA55EMBLYA511FDICATED. vmFYUACr LOCATION Of POO Wn ONIIER•3 REPRESENTATIVE. VERJFYPM55URB AND FLAW ON 5TE PRIOR TO CONSTRUCTION, CONTRACTOR TO IN57ALL BACRFLOW FETE NATIONAL PLUMDERS CODE AND PER LOCAL CODE. BACVLOW SHOE Be TESTED Urcw IN5TA -xn0L ANII AVNuALYTHEM rr.R. p PE0E5T+11 cow THE IRWGATON cowROLLER AT THE APPROMMATE LOCATION 5HOWN. COORDINATE PICCTRICAL POWER TO THE CoNrROmwnlS THE OANER•5 "j7EERN7ATIVL. CARE 5HOULD BE TAKEN TO {N5TALL THE IRRGAnON CWITROLLER IN A LOCATION THAT 15 ACCESSIBLE PER MAIITENAICE. AND 5CRPENEo FROM VIEW BTNtX BEHIND ENTRY WALLS, N""TO BUILDINGS, OL BEHD[D rIAIT MATERAL FINALLOFATION TO BE APPROVED BY OWNER'S EN REPRESTATIVE. CONTROLLERTO M INSTALLED PER NATIONAL ELSE TRIG E. FINAL DEVELOPMENT PLAN CENTENNIAL LENDING HEADQUARTERS LOT 5, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U,D- TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO SHEET 10OF 22 SYMBOL MANUPACTUREMMODELIDESCRIPTION C7 ORJPVALVEASSEMBLY IN5TALLATION GENERAL NOTE5 YIUNTERIC2-101.25: DRIP COTTROLZONE FIT. I' t DMiGN A59UME5 A MINIMUM DYNAMIC PeESBURE rOR 6. GROW FITTINGS ARE NOT ALLOWED, CNLY 5TANDARD ICV CLOSE VALVE WIIl7 E' HYI00 FILTER 5YOTEM. mt IRRIGATION SYSTEM (PER TOWN) OF 65 P51, AT A MAXIMUM TEES ME ELBMV5, PRESSURE REGULAT[ON: 25PN. FLOW RANGE: 2 FLOW OF 10 GPM AT THE 3'4-INCIJ FOINTAP-LOMINECTION GPM TO 20 GPM. I SC MESH 5TAINLE555TEPL (FOCI. VERITY FKE56URE AND ROW ON SITE PPJOR TO 7. CONTRACTOR 51AJLL INSTALL N07MS PER PLAN, UNLEW SCREEN. COJ$TRUCTION, COMACT GENERAL CONTRACTOR OR OWNERS REPRESENTATIVE IMMEDIATELY IF PLOW OR PRESSURE ARE IRRIWTED AREA CHANGED IN S12E OR PLANT MATERIAL TYPE CHANGES, IF NOZZLE CHANGES ARE REWIRED AND ARM e OPJFiINE FLU511 CAP LOWERTHAf U57FP ABOVE. SIGNWICA If IN SIZE. CONTRACTOR 5NALL CONTACT IRRIGATION AGRIPLM FLUSH CAP. aw URIAUNE CONPKESSION DE51GMER FOR APPROVAL. END CAP WrTH SCREW OM END, Z. OPNTRACttIR SHALL BECOME rANINAP y4TH THE 5PECIFICATIONS AND INSTALLATION DETAILS FOR THIS AND 5. CONTRACTOR SHALL FIELD LOCA71 ANY Mr 7ING SLEEVES ' RtLATFD wORKrmoRTO CONSTRUCNON. POR CIARIPICATION, ON SITE PWORTO COHSTR]JCFION WMt THE AID OF THE SYMBOL MALIUPAOrLRtgwooEuo6SGRIPTIOx CONTACT IRFJGATCN DESIGNER PRIOR TO CONSTIiUCTICII, GENERAL CONTRACTOR. M155rNG SIMEVE53HALLBF AEPORTEO IMMEDIATELY. NEW SLEEVES SHOWN ON PLANS ARE,2EQUIREP 19 REMOTE CONTROL VALVE A55EMMY 2. I.UPON FINAL ACCEPTANCE. CONTRACTOR "LL TURN FOR BOTH PIPOIC AND ELECTRICAL WIRING AT EACH HANDSCAPE HUNTER MODEL ICV 1'. 1-IfZ'- 2'. AND 31T'II STIC OVER FFOu]RED ADNSTMafT REY5 INCLUDING HUT NOT CROSSING. COOPD[NATE NSTAL ATOM OF 5LESANC, WITH ELECTRIC REMOTE CONTROL VALVES. GLOBE UMRED TO CONTROLLER ENCLOGURE AND BACKELOW MCP TRADES. ANY FIFE O: WIRY WHICH PA55L5 BLNrATH GOHHGUKATION ENCLOSURE FEY, WCFJ14G VALVE BOX KEYS, OUIU, COUPLER KEN3, GATE VALVE FLY, SPRINKLER HEAP AND E'ASTING HARDSCAFt NRHERCSLEPNNG vm5 NOr INSTALLED YELL REQUIRE HOTEL'-IOIJTAL DOPING BY THE IRPJCAYION 0 QUICK COUPLER VALVE A55FMDLY NOZZLE. ADJUSTMENT FPYS. CONTRACTOR HUNTER, HO-SRC: VALVE WITH YELLOW RUBBER COVLR REu 5-5 AND STAINLESS STEEL. WTH 2.2. UPOII FIHAL ACCEPTANCE, CONTKACTOR SHAELTUWJ S. INSTALL ALL ELECTRICAL POWER TO THE IRRIGATION I- IJPT INLET, I -PIECE BODY, RE OVER SPAPARTS PFRTANING TO INSTALLED 5Y5TEM: 5AcKfLm WINnR12ATION INSERT, TWO OF EVERYHEAD CONTROL SYSTEM IN ACCORDAAICE TV1TM THC Pl4nOEA ELECTRIC CODE ME ALL APPUCAME LOCAL ELECTRIC U lUTY 15CIATION GATE VALVE ASSEMBLY AND NOZZLE JAXOR NOZZLE TREE [NOW PFDI, ONE RCV CODES. ,x MATCO-HORCA SI4TX: 112'-4` DR GATE OIAPHRAGM, ETC. VALVE, PALL PCRT, WITH SOLO WEDGE. IF5. IS. THE rOUDMNG SHO= BE MOTE REGAM. NG PIPE =55 HANDLE. SAME SITE AS "HUNE PIPE. 3, COORDINATE UNUTY LOCATES OP UNDIRGROUND UTILITIES PRIOR TO CCN5TRUC7tO4 P4I I -CALL BEFORE YOU 519 NG: IF A=110N OF UNSIZED PIPE AS LOCATED BETWEEN THC IPFNTICAILY 51ZEP 5EL-IIOLiS, THE UN$12EP PIPE t5 THE m MASTER VALVE A55EMEiLY DIG') . SAME NOMINAL SIZE AS TIE TWO 512CO SECTIONS. THE BUCMERSUPER[OR 3100, NORMAULY OPEII UN51=0 FIFE SHOULD NOT BE CONrUSEO WITH THE DEFAULT BRAS$ MASTER VALVE TEAT PRjwm5 DIRTY A. IF DISCREPANCIES ARE NOTM IN THE FIELD BETWEEN SITE FIFE 5IM NOTED IN THE LEGEND. WATERPROTECTION. 5L]ETO MATCH PCC CMMITION5 AID PROVIDED DESIGNS, CCNRRACTCR SHALL NODPYCV41ER5 REPRESENTATIVE OR GENERAL CONNRACTOK 10.1. MAINLINE PWf SIZES MAY VARY n1RW INcuT m REDUCED PRE55UP.P BACKROW rREVEMER IMMEDIATELY. DO NOT PROCEED WITH THE f119TAL1l,TION OP PROJECT. EACH AWFILNE LEG 15 SIZED TO ACCOMMODATE WIWNS 3753T BAC rLOW PREVEITI WITH BLOW THE IRRIGATION SYSTEM IF 5UCH DI8CRrPANc1E5IN THE FIELD LARGEST VALVE OIH THAT LEG. STATED SRC IN LEI OUr1FLUSH FITTING. REINFORCED MEN MOU51RG AFFECT THE PROVIDED 0E5IGN, PETARS. OR WECIFICATRX15 MAY NOT BE THE LARGEST 51ZE ON nANS. TAP EASY BKOtZE BALL VALVES. SIZED TO MATCH TAP t METER (RE: PUC NOTE}. 5, Aa IRRIGATICH OWrONEAM MAINLINE. %MM5, LATERAL LINES, ETC.) SHALL BE INSTALLED IN LAI05C1PEO AREAS 1 I. INISTALLTHREE (3) r 14 AWG LYJNTROLWIRE5 FACM CONTRCLLER LOCATION TO EACH DEAD-END OF AAAKUNE FOR rA] PEDESTAL MOUNT IRRIGATION CO[TROLLER (I COO} WHENEVER POSCOLF, EVMA THOUGH MO IRRIGATION USE AS SPARES INCASE OF CONTROL WIRE FAILURE. COIL,; WEATHFRMATIC 5LI G 1 G (WITM 4 5LM41: 16-ZONE COMFONEvT5 MAY BE SHOAT' OUTSIDE PLANTING AREAS PELT OF WIRE IN VALVE BOOT. CONTRONLR WTI F"'M MONITORING AND FOR CIARITr. WEATHER 5TATIOW PUCLUDI9 SMARMHN AfRCARU f 2. TI[EE91111URR ARE If6T IRIa1GATYD BY DRIP SYSTEM. DwF WrTH FLOW.SiWEATHER STATION, AND 5 YR C. AVOID CONFUCT5 DEMEEI THIN IRRIGATON 5YSTEM. IATIM ROUTED NEAR TREF5 IN TURF APE NOT TO RECPVE SERVICE PLAN I5L I GO"YK-BUNDIEL, EON. PLANTING wATEWAI5. AND ARCNRECTLRAL FEATURES DRIP IRRIGATION. UTILIZE 5TANLE35 STEEL PEDE5TAL, MODEL WHENEVER FO.3DW5 COORTANATE POTENTIAL RELOCATION OF 5lPEDJ:HC. UTILIZE NORMAL OPEN PANEL. BOULDERS AND TP.EE517"? AREAS PATH LANDSCAPE ARCHITECT PRIOR TO 5PPJNKIER LAYOW. Ir 1AN05CAPE 13. NO IRRIGATION tMJPMENT, INCLUDING BUT NOT LlMtW TO. MAINLINE. VALVES, MID SPRINKLM5, SHALL SE IM5TA LEP CJMATIVE SENSOR TECHNOLOGY F51-T MATERIAL CA14MOT BE RECLOCATEO,ADDIMCNAL BPRHNKLEP5 MTHIN 3' CP NEW BUILDING FOUNDATION. I- YVc TIE TYPE FLOW SENSOR WMOCKET ENDS, MAY BE MOUIRED. CUSTOM MOUNTING TIE AND ULTRA-LGHTWErGMT wrtLIEP ENHANCES LOW FLOW MEASUREMENT, 2 HIRE DIGITAL OUTPUT. PLOW RANGP:.3G-62 GPM. IR OATtON LATFRAL LINE, PVC CLASP. 20C 5DR 21 PVC O k55 20O IRRIGATON FLPC. ONLY LATERAL TR/NASrTION PIPE 512P5 11!4' AND ABOVE AM INDICATED ON THE rLAN, WITH ALL 01HER5 BEING EMrTTER SC EDULE 1'M SIZE. PLAIT TYPE EMITTEF"Yre GFO=W NO. OF ETETr UTTrRS IOTA FLOW l-nglna arEn® �V\ DRIF IRRIGATION LATERAL UNE TO EMITTERS rW _ c..,e •� P.ADIATION RE515T irr POLYETHYLENE PIPE. 314-IMCH GROUNDCOVCR 511TGLE OUTLET I GFH I I GPH UNLESS OTHERW15E 5PFCIFIED. rtKENN1Al5 9HNc[E TwTIEr r crn I I GFH CENTENNIAL LENDING HE4DQ[JAR — — — — IRRIGATION IAANUNF.: PVC CLASS NO SPR 21 7.2-INCH UNLE55 CTHERN15t NOTED. IGAL. 5MRU5 SINGLE OUTLET IGEH I IGPM IRRIGATION LEGEND &NO FIFE SLEEVE: PJc5cntuULZ40 5VAL. SHRUB BNLCLEOUTLET IGPH 2 2CPH NAME OF CENTENP IIISTALL A5 51OWNI ON DESIGN OR TMCE THE 51ZECFTHEFIPEOP-44TAERLIMNNIGTHKUIT. NO TREE INSHRUBBE[) SINGLE OUTLET I C rl 4-B 4.8GP8 APPLICANT: LENDING, TWO PIPES OR WILE DUNG=5HA 5HARE THE FiNAL. SAME 5LEEVE. Mores: TYPE w 1. MULTIPLEOUTLETEMITTERSLLS BEUTILIZED IN IT DEVELOPP S1JL3MITTAL, R TOTALYPLAITEDAREA.9AFDFOP.TREC5INSHRUBBEDS. 2. REFER TO LEGEND AAIP OETAllS FOR IHUME DRIP TOTALS, PLAN f + DATE PREPARED: 12/5/20' REVISION DATE: 4/4/201 REVISION DATE: 5/31T FTiQ REVISION DATE: 06/27/26 RHa+a.. mAlsw REVISION DATE: — DnJN��N REVISION DATE: FINAL DEVELOPMENT PLAN CENTENNIAL LENDING HEADQUARTERS LOT 5, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U,D, TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO RmUCED PRESSURE RACKFLOW ENCLOSURE: 1 ti s1 I I SHEET 11 OF 22 DEVICE A5 sPEGFlFD. 1 s�OyGBox 1 J COPPER HIPPLEs AND 1 1 •, LOT /I I• ELL AS REGUTAED. Al ^ G..ws UNIONS (1 OF. 2) •1 ; L'.- SLEEVE TWICE THE SIZE '1 '. .¢'""- 1• 5 7 BLOW OUT TEE WITH PVC _ -" THE COPPERER CAP �l 1 _ Ji.::^.:. �. _] PIPE IF W COPPER SIZED TO MA BACNFLCW y _ 1" ICK I. 1i } / '' •• \ A1R [ CONTHCRR E PAD. A17 - 1• pro I COVER SIZE �'6 V 7 A74 '•�"'h A24 1_' LEr3GTH A'N WIDTR. `1 OPPER ELL AND NIPFLI. \.. r^ (2)2°� 1• 10 AP�c CO S REOUP� OR REDUCER y- 1• 7 At3 J \ • ` - I_I17' SERVICE t^ 1O SIDE. �LWE. 512E �IA1bO •\ L - '\ (L}PEN `•iP A^_) NOTES. AS AS PER PUNS. \ t Al2 1. INSTALL RACKFLPOW DEVICE IN ACCORDANCE WITH ALL STATE AND LOCAL CODE REDUIREMEHIS. y 2. SLOPE TOP SURFACE OF AD AT 0-5 K WRR BROOM FINISH. MAKE PIPE SLEEVES W11H 1-1/2 INCH LARGER D' IER PIPE THAN PFNETRANNG PIPE SIZE. 1 A21 3. ALL HINGED CDNNErhCN LOCATIONS AND HARDWARE TO BE T"PER PROOF. 4. ALL VIELO JOINTS SHALL BE CONTINUOUS AND GROUND SMOOTH. RP SACK_ FLOW WI ENCLOSURE EXISTING IRRIGAT[oN IN THIS (3)3°'T. / ' /' •2)2" \ ' /. l• 1'-O' "_ ASHALL 0E FIELD LOCATED .� \ \ \\• / `/ Dze�ps.46-Op AND PROTECTED IN PLACE PRIOR TO CONSTRUCTION. •�\ CONTRACTOR SHALL MAKE ANY �- A22 / NEC E55ARY SPRINKLER INKLER \ '�` \ - 1• Drip ADJUSTMENTS, OR - _ ..� t � /• IkWGATlOIV 5CF1a DUCE-` RE'I-AC¢MENTTO p15URE ' IaFAD-TC-HEAD COVERAGE AND \ \ ~ % sNxca r.ww,.e,i.�vncwimeev AVOID OVERTHROW ONTO 1- Ip A11 HARDSCAAEP AREAS. \\`_ `•�\ \\• '' o aerx co,.v,L,evuLe.:,yeuav g 1. 10 j ,s.T,Anpx wre vAaui AmeNa, \\ � Ay y "• t• ID !�1 x, ✓.�i� n'I xm„(m Mu3£ .wcxnav rrtvnn[K 252" /- Y 'f 9 cexreDuee ` %�' r-.rrsxm M,ei.n rca ruu lTCTN,;n U.�uP s Al IRRIGATION \L` ` AD . - i BACKFLOW 1' 4+ A5 y�;-.'\ — f �/ ,Ir _ ,p' Al 9A[%FLOW \ I • � f � ~ 1 /• e, f I \ \ TO UlPLAN5 FOR POC ENLARGEMENT \ i SCALE: 1-10' \ r i r Y ;^ CNTROLLLHR O CENTENNIAL LENDING HEADQUARTERS 3 f' RE VAC POWER IRRIGATION PLAN A2 REQUIRED t NAME OF CENTENNIAL @ poc APPLICANT. LENDING, LLC ! SIZE, 3/4-INCH FLOW, 10 GP TYPE DF FINAL REQUIRED GS P51 DEVELOPMENT REQUIRED SUBMITTAL: PLAN P•IESTIC DATE PREPARED: 12/5/2018 Y ER REVISION DATE: 4/4/2019 R f� REVISION DATE: 5/3i/2D19 AL tlP ' REVISION DATE: 06/27/2019 i DD Ls O aD DD 9O REVISION DATE: REVISION BATE; SCALE IN FEET u:neu.aalxlo.ar..u..o-,e, - ` SHEET 11 OF 22 � FINAL DEVELOPMENT PLAN CENTENNIAL LENDING HEADQUARTERS LOT 5, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U.D. TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO SHEET 12 OF 22 CARSON 1419-7 VALVE RON WITH 8' EXTENSIONS AS REQUIRED. STAMP YALVE Box WTH 'IFS' h 'Mf PER SPECIFICATIONS. FINISNEO CIAO . CARSON 910-T BOX WITH TFIR7 ,T1 It T-COVER, SEE SPECIFICATIONS. STAMP VALVE BOX WITH 'GV'. o Ill,�� _III1 1�1j7!S I. IIIII��II'` FINISH GRADE, — MASTER CONTROL SCHEDULE BID NIPPLES. vALVE INLET I 52 a VALVE AS SPECIFIED. SIZE, FLOW SENSOR AS SPECIFIED. — N IL: _�T-L II L'r0 WATERPROOF WIRE CONNECTORS. ON WATENPRpOF WISE CONNECTORS ON ����- F I _ fir_ �I n 34' LOOPED 18' LOOPED WINES. _ T- FOUR COMMON UAICN n OAVINCH WA.SHE GRAIL (TYP.) SENSOR CABLE PERNANUFACTUNEA'S TL SUYPOTiRS. SCH 5 SLN 0 APPLES. VALVE INLET SRE. % FLOW PVC MNN UNE —� 3/4-INOK WASHEO� GI CIA. WC PIPE GRAVEL 9 EXTENSION (PER GATE VALVE SITE), LENGTH AS REQUIRED. MAIN LOVE Y` � � f _� / REDUCER AS REQUIRED. FROM RACKROW AT BOTTOM OF EACH III FIVE PIPE LANDSCAPE FABRIG. WRAP UP TEN PIPE GAMEIERS DMMETERS PYC MAIN LINE. SIDES, OVER BRICKS 4 PER BOX. NO VALVES, REDUCERS, OR ELBOWS IN TI115 RHEA SUP/THREAO COUPLING, ISOLATION VALVE SCHEDULE BO THREADED AS SPECIFIED, NIPPLE NOTE' VALVE SHALL HAVE CROSS HANDLE FOR EASE OF MAINTENANCE MASTER VALVE/FLOW SENSOR ASSEMBLY r1 ISOLATION GATE VALVE 1 I/- . 1'-O' 3ze406.73 -10 � 1 1/- - I'-D' T 3284C6.33-01 CARSON I10-7 VALVE BOX. SPARE 'GVC' CM UC //�� l(C V WI H Y NIGH CHARACTERS. l' FNISNEO GRACE. �IIJIII 1-1KA 'NIPPLE. WICK COUPLING VALVE AS TWO STAINLESS LENGTH AS SEC. STEEL CLAMPS. UA�Ek OF 3/4- ROCK. CHEDULE RD 1/2' % 3b' GASTEEL PIPE. THREE PVC SON EOELLS.PYC SCH.ULE60LE. CARSON 1419-T YALVE— RON WITH T-CCVCR. STAMP VALVE Bo% WITH STATION NUMBER. WATER PROOF WIRE — OONNECwRS ON 16" LOOPED WIRES (1 OF 4). OUTLET PIPE SAME ry SI2E AS VALVE. a 45 OWN AS RED. TO LAI LINE PIPE c DEPTH. m RENoTE CONTROL VALVE PER LEGEND, ONE PER BOX, PVC TRUE UNION BALL SET VALVE 2" - I SELDW TOP OF R 7 INCREASE LATEMNS.L LINE } SAS P PER U J`7 RRICN GEOTE%TLE CLOTH. AYRPP UP SIDES OF SO%, UNDER 3/4-INCH WASHER GRAVEL SGHEDUIE W P/C 90 ELBDW. NLSER NOTE: LEAVE 2 FOCT LOOP OF 2-WIRE CABLE IN EACH BOX MAIN UNE WITH PVC TEE OR ELL. NOTE: PRE -FABRICATES SWING JOINT ASSEMBLY M& BE UTUTEO. QUICK COUPLING VALVE INBOX REMOTE CONTROL TURF VALVE 329408.43-02 I/2' I'-b' 3281 LINISHEO GAIBE MANLIKE GLEEW N LITERAL, d: LITERAL CONTROL VIRE PIPE PIPE AND WIRE —HAPOSC4PE fN .��l LIP. 111 MRwtaa.rntaL'A 4. 4. // �i 28' In �mxw; uichetla •i da..11.r". WARNING q ` TAPE 4. L.OAO Rf1SrK �` PIPE 1`WIRING� irrw�Ml SLEEVE SLEEVE ,••' i�"..:-ww,w`""e3v i.�o".'n v °Ow°w: EXCAVATED MATERIAL CENTENNIAL LENDING HEADQUARTERS INITca 1: C0 1 IRRIGATION DETAILS NOTES' I. SLEEVE ALL PIPE AND WIRE SEPARATELY. 2. ALL PIPE TO BE INSTALLED PER MANUFACTURER'S SPECIFICATIONS. 'SNAKE- UNSLEEYED PLASTIC PIPE IN TH ENCH. PROVIDE A MIN. 2 OF " CLEARANCE TO SIDE CF TRENCH AND BETWEEN PIPES. 3. ALL 12D-V WIRING SHALL BE INSTALLED IN ACCORDANCE WITH LOCAL CODE REQUIREMENTS, TAPE. AND BUNDLE 24--V WIRE EVERY 10' AND PROVIDE LOOSE 20" LOOP AT ALL CHANGES OF DIRECTION OVER 30 DEGREES. TYPICAL TRENCH DETAIL N.T.S 328409.76 FINAL DEVELOPMENT PLAN CENTENNIAL LENDING HEADQUARTERS LOT 5, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U.D. TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO SHEET 13 OF 22 CARBON 1419-7 PLASTIC ONTRO[iM MIT WM1 30 INCH LINEAR LENGTH OF COIL. MTH PLASTIC LD. TAG VALVE BOX. STAMP STATION N0. AND WATERPROOF CONNECTORS. DIFFUSER BUG CAP. FWLSHED GRAD - Fvc TRUE UNION NOV AS SPECIFIED. FALL VALVE. 1/4' TUBING STAREIED, i E FILTER AS SPECIFIED PgESSURE REGULATOR AS 1/4' DISTRIBUTION TUBING. - TURF POP UP HEAD. I I� SPECIFIED. TOP OF MULCH ELEVATION.LOOP 2' B SPARE '< WIRiS IN lR1%. "I�j"—'' I�. SINGLE-DJTLET EIATHER. _ BrRe ELL x mPr. (l OF ]) 1/2' POLY DRIP TUBING, TO CURB WALK. 1 I TI-m I TIE-DOwN 5fA%E AT EMITTER. 1/2" SWING PIPE, LENGTH AS —SCN, BO FIBER. LINE RIPPLE AT MANl.WE. {1 OF 4). GEOTEXTILE CLOTH, WRAP UP SIDES OF NOTES: BOX. UNDER 3/4-INCH WASHED GRAVEL I. 6-INCH POP-UP RISERS SWLLL BE UTILIZED IN ALL TURF/NA1NE SEEDED AREAS 45' DOWN AS RED. TO Z. 510E INLET SHALL NOY BE UHUZEO. LITERAL PIPE DEPTH. 6-INCH POP-UP SPRAY _ 1" DRIP VALVE/FILTER/REGULATOR $ DRIP EMITTER AT 1/4" TUBING 6 3' � ]'-0" 328407.13-Od 1 1/2- � 1'-G' 32D413.76-2J 3' . 5'-0' H71-IR-FX-EMIT-0.T ' GWNETER CARSON VALVE BON. COIL 16' TO 24' OF GRIP TUBING IN PEGISTAL MOUNT IRRIGATION WIRELESS RAN THE SOx. CONTROLLER ON CONCRETE a fA SENSOR PER PLAN - REMWABLE FLUSH CAP FOOTING. USE GALV, 'I' PER LEGEND BULTS TO SECURE THE CONTAOLLER TO 7?fE PAD. LIBEL CONTROLLZN WRH LETTER (PER ABOVE GRACE DRIP PLAN) T GING. On RECEPTACLE AND LOCKwo SWITCH, I" SCR. C CONTROL MHES F IWTH SWEEP f:1L FOR LL r FROu FIELD. 17O VOLT SOURCE —I !LI- I lip kIN. SIZE 2' PVC SONEOULE 40 - CONCRETE BtS - 6 1� MIN. THICKNESS. CONDUR WITH LONG SWEEP F, ND G" BEYOND w OUTSIDE DIMENSIONS OF jlj�L ENCLOSURE WITH `i iT f—iTl'�IT L-4' TNI DYER OF WAyO --• �MIW4CL '1L 'lllj GRAVEL- THE BOX SHALL REST THE UPON THE HOCK BED. HOT NOT X. C%TENO GRAVEL ENfO BOX. —IIGtlEa-+— COPPER CLAD GROUND ROD (6/� % e') PLACE ELECTRIC PART NUMBER 162OB7. MINIMUM 10' FROM PEDESTAL. 1. LOCATE FLUSH CAP ASSEMBLY AT THE END OF EACH DRIP LUTE. ENSURE THAT THE COINED DRIP TUBING IS OF SUFFICIENT LFNOTH ROOM2L TO COMPLEFELT EXTEND OUT OF THE VALVE DOX WHEN FLUSHING, 1. INSTALL ALL WIRING PER LOCAL ELECTRICAL CODES. p, INSTALL GROUND ROD V17MIN IRRIGATED TURF AREA IF IRRIGATED TURF AREA IS NOT IN INITV CLOSE PMXTO CWUROLLER. INSTALL ONE (1) DRIP EMITTER FROM NEAREST GRIP VALVE IN VALY BOX HOUSING GROUNDING ROD. DRIP FLUSH CAP ASSEMBLY PEDESTAL MOUNT CONTROLLER 1 1'-D' 326413.49-00 N.T.S. 3IB469.IR--C3 X L signs. LLC Nsa.a,nurDws.we.� FINAL DEVELOPMENT PLAN CENTENNIAL LENDING HEADQUARTERS LOT 5, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U.D. TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO SHEET 14 OF 22 OPERSPEC]1VE PROM SOUTH_ EXTERIOR FINISH SCHEDULE MODULAR DRIGYVENEER; GENEML SHALE,'DALLPMK STUCCO; SNERWIN WILLIAMS'SW 7017 DURIAN GRAY' COMSESAND FINISH FIDEH CEMENT. COLOR 17 SMOOTH VERTICAL PANEL WITH DECORATIVE TRIM AT HORIZONTAL JOINTS Q IT O.C. PAINT. SHERIMN WLLIAMS 5 W TOIF GAUNTLET GRAY' FH�R CEMENT QOLOR L SMOOTH VERNCRL PANELWITH DECORATIVE TRIIAATHCMZONTAL JOINTS Q U' O.C. PAINT, SHERMSN NgLUA.M$ %W T015 REPOSE GRAY SOFFIT, OM' T6G CEOM PLANK SANDEDANOGEALED j ALUM. STOREFRONT FRAMES: ANODISED ALUMINUM 'DARK BRONW cTA2INC. VISION LTTET[NT CGLOR: CLEAR. SPANDRELGLASSCCLOR'GRAY EXPOSED STE EL(EXCEPT RAILING51: CG111MNS.STRINGERS. AND STAIk3. SHERWIN WILUALIS'SW 7015 REPOSE GRAY AR N❑ A L ❑ - SHIsRWiN INILLIAMS'EW T020 &A FOX PARAPET CAP FLABI-11HP-COLOR-t PREFIWSHED: COLOR TO MATCH ANODIZED ALUMINUM VARK BRDNZE' PANAPETCAPFL65HIN0_LCLOU PREFINISHED: COLOR TO MATCH ANODIZED ALUMINUM 'CHAMPAGNE' US,HINGS. PREFIM5HEDG COLOR TO MATCH ANODIZED ALUMINUM 'DARK HRONZE' OSOUTHEAST ELEVATION --_. MECNAMCAL SCREEN. PREFR6SHED DEEP DECK METAL PANEL COLOR: DARK ORONZE PARAPET CAP PIASNINO. ' COLOR QRRICK PARAPET CAP FLASHING. COLOR 2 Q ETLICCO AND AWNINGS '�" --- STUCCO r cFaLGBLO CEMENT SIDING. - R x _T.C, WALL,. — SOFFIT __. __ ..._._.......... �,... FIRER CEMENT SIDING. _ CCLORI __ _ .fY" rENPO6EA STEEL 6TNfl / LAN❑ING AN l TAIRAIL _an FLOOR - RSER CEMENT SIDING. COLOR 2 - �- ME STOREFRONT FRAME f MODULAR OW CK VENEER 1 SEE EXTERIOR FINISH SCHEDULE ON THIS SHEET '. FOR MATERIALS SPECIFIED IN THIS DMWryNC r Fi DER CEMENT 4I0I NO. COLOR 2 %Y- PARAPET CAP FLASHING, COLOR 2 Q STUCCO WALL SCFAT r- STUCCO - �y---- FIBER CEMENT SIDING. COLOR I EXPOSED-1 LSFALI LANOINO AND OUA ,1 YL. PAINT. AI]❑RESS WITH MON UGITT xNo FLOOR ti N:p FIBER CEMENT SONG. COLOR 2 -- -- ALUMINUM STOREFRONT FRAME I .-- MO❑11u4R ORICKVCNECR Ilid�� SEE EXTERIOR FINISH SCHEDULE ON THIS SHEET j POKMATERIALSSPECIFIE13 IN THIS DRAWING f i I I ARCHITECTURE + INTERIORS WWW.VFLA.COM 1 970.224.1191 CENTENNIAL LENDING HEADQUARTERS I BUILDING ELEVATIONS (NAME OF CENTENNIAL 7 APPLICANT: LENDING,_LLC 9 ITYPE OF --- FINAL ; !SUBMITTAL: DEVELOPMENT PLAN ';i3ATE,.PREPAfiE©_ 12l512E118 __ REV1SIbfd bATE _ 41412019 REVISION_I�ATR _ 513112019 (REVISION bATE: L6127I2flf9,M_YLARj IREVISION -DATE SHEET140F 22 2•_a• _ �- STANDING SEAM UETAL - ROOF. COLOR TO MATCH 1'-T I FIBERCEMEMPANEL, COLOR 2 FIBER CEMENT PAHCL -- GOLOR2 -- soFFIr FIBEA CEMENT PANEL, COLOR 1 NCOMMERCIAL IER AND WEATHER BMKIER 1- OSSSHFT --------- METAL STUD FUR S VP FURR ING --- P CMV -- PREFIMSHED METAL FLASHING. LAPTYVEK CVER VERTICAL LEG FINAL DEVELOPMENT PLAN CENTENNIAL LENDING HEADQUARTERS LOT 5, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U.D. TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO SHEET 15 OF 22 -------------------------------- E%PDSEO STEEL STAR 1 GLNT4RWL. 1 PAINT. ?I� �I ! - - PRECASTCONCRETE z WA14 GP WITH 9 CONTINUCUS DRIP I- '' I ti - MODULARBRICKVENEER11rrL_F___ bl COMO, FOUND. WALL REIRF. W12-IRA TAB 4-.-�-Y/®52'O.C, it ..•r Uriil�.r �'i" I- TRANSVERSE TAB t- 245COW TAB _ O- uE�T�1O!VATMONUMENT S]GN O NORTHEAST ELEVATION dGLC , -- i CAP PREFlFO METAL CAP FLASHING WOOD BLOCKING EONO 6M. W12 -S$ COMB. REWF. �+ AP.TLNCH ANCHORED INTO CMV B-Ae'X16' GROUND FACE CIAO, FILL CELLS SOLID. COLOR TO MATCHER CKVENEFA - ONBViLDING i/a VERT, G S2' O.C. GROUT REINFORCETI"I CELLS FULL-rm ._.. _._ - NCfiQ.RE1NP. AT ta• C.C. ' PAINT INT. FACE OF CMV r YF VERT DOWELS G4B• P.C. EXTEND 2-S" INTO CMU i COMP. FILLER CAPPED lW SEALANT 1 / VC NCRFTESLAR WjTHO%a � ~f�em GFe _ RFINFORC]NG. SLOPE TO FRPM .=;•-�, CONO. FOUND. WALL. I. REWF.WT2$4TAP Fd ® Sr O.C. TRANSVERSE TAB r 3 S 95 CONT, TAB OTRASH ENCLOSURE SECTION O_PERSPECTIVE PROM NORTH A - V STL 601 POSTS FILLED WI CORC 1� F.._...._.._.__- 4 B d 5• _ .- PREFIN. MiL COPING - j GTL PIPE PIVOT HINGED I - - STL. PIPE SLEEVED FILL ALL DELLS SOLO - I WELDED TO POSTS ]KJ%SHC GALv. STL ANGLE ANCHORED IFliO I GROUND FACE CMV. .a TO SVPPORT KNEES /- CMV FALL HT. ® JAMBS I COLORTOMATCH J O T/ DUTUBEATTO BRICK P OF STEEL BOLLARD,WELDED VENEER ON J 1v m5- 116'6TL PL HANDLES 9�.® ` Tp VE1TOGAL pNME68TL ANGLE 1I `"-�—' --- 1AP STL PL NASP WI I BUILDING "'-'- HOLES TO ACCEPT 1 �0-GIA- EXTRA STRONG PANTEp STL. PIPE LL - PADLOCK BY OWNER /�' , % SLEEVE PIVOT HINGE AS SHOWN ON V STL �l ADLO µTT OWNWAL-.f.il:( PLATE KING.—PREFIAh' f ------�s� - PANELINFILLLTO OA7ES', 2•%Z'PNNFEp STL. TUBE PERIM FRAME j 2K2 STL TUBE FRAME 'Fr SLAB BEVONp�- MATCH BLOC, �I W11'41' STL. ANGLE INTERICRFRAA{E WELOED bvyL Y EMBED RATE POSTS CANE BOLTS \ TO PEW METER. Oft WO AIL YYEL09 S1.looTlt Ij 9 N WNC.T J'- .._-^.-,. ATTACH PREFIN MTL. SICING PANELS TO FRAME {I j W! SELF-TAFRNG FASTENERS. �FTG. PERSTUCT. a•D1A. PNNTE0. E PERIµ- TRIM G MTL PANELS AS RECOMMENDED FROM ELEV, CONS. FILLED PIPE t BY PANEL MFR, BOLLAAP. FIELDWELD GATE FRAME TO PIPE SLEEVE TRASH GATE ELEVATION TRA$H GATE DETAIL PIVOTS W1111• 02III' PLATES F SIDE L—N071H! 5T ELEVATIONac.u, ,.�.T.r LIGHT RE: FLEC -- NECWJAGAL SC MEN. _ - DECK - " DECK METALPANEL, coLolxopRxBRGNZE PARAPET CAP FLASHING. COLOR 2 G 1 STUCCO b AWNINGS srucco FIBER CEMENT SIDING.COLORZ , F T�-60FFTF - -Li dSiei' �' FIBER CEMENT s[o[ND COLOR I _,OSED STEEL STOREF ONT FRAME 05,EE - . Vl,ji E%POGEO STEEL I -TT -- STAIR GGAROMIL, a7. PANT. NOIXRAR BA[CN •,I�~~ IFDC VENEER 15T GLOO�R� SEE EXTERIOR FINISH SCHEDULE ON THIS SKEET f I FOR MATEWALS SPECIFIED IN THIS DRAWING i1 EXTERIOR FINISH SCHEDULE RICK VENEER: GENERAL SHALE.'SALL PAR%' SHERWIN WILLIAMS 'GW TOST DORAN GRAY' COARSE SANOFWISH :NT. COLOR I: SMOOTHVF_RTICALPANELIMTH DECORATIVETRIM AT HORIZONTAL JOINTS G 12. O,C, PAINT, SHERWIIN W UJAMS'SW T018 G.4UNTLEY GRAY' 'NT. COLOR 2: SMOOTH VERTICAL PANEL YYITH DECORATIVE TRIM AT YIOR9DNTAL JOINTS G li G.C. PAINT. SHERW N WILLIAMS, T015 REPOSE GRAY' BM• TAG CEDAR PI SANDED AND GELLED MgnEB8NES ANODIZED ALUMINUM' DARK BRONZE' NSION LITE TINT COLOR: CLEAR. SPANDREL GLASS COLOR: GRAY TESL IE%CEPT RAILINfbl:STAIRS - SHERMN W LUAMS'SW T015 REPOGEGRAY' QUARORAIL POSTS ANO R64LU4: Rnnc - SHERW[H WRUAMS'SW 7020 PARAPET GAPFLA6MNG. COLOR 1: PARAPET CAP FLASHING. COLOR T: PARAPET CAP FLASHING. COLOR 2 d¢ STUCCO STUCCO SOFFIT --�'— FIBER CEMENT SIDING. [I - COLOR2 _ ---- FIBER CEMENT SIDING IIIL,Ij COLOR 1 I� ALUM[NVM STOREFRONT j FRAME-�ND FLOOR PREFIMSHER COLOR TO MATCH ANODIZED ALUMINUM T1ARK BRONZE' PREFINISHER COLOR TO MATCH ANODIZED ALUM[NUM'CHAMPAGNE' PREFIMSHI COLOR TO MATCH ANODIZEDALUMNVM TIAOL BRONZE' ARCHITECTURE + INTERIORS WWW.VFLA.COM j 970.221.t1Bi C_E_N_TE_NNIAL LENDING HEADQUARTERS _ BUILDING ELEVATIONS 'NAME OF ~CENTENNIAL ; ;APPLICANT. LENDING LLC ITYPE OF - FINAL 'SUBMITTAL:- i DEVELOPMENT I PLAN I' L - E%PobED STEEL [HUMUS • I DA7 TNR UINUN SG AND I cuARDRA L. PNNr. Fpt E EC1 r--MOOLd.AR BRfCN vENEER !1\ 1ST FLOOR - 9 IRE SEE EXTERIOR FINISH SCHEDULE ON THIS SHEET ILR y OR IMTFAIALS 6PECIFIEDIN THIS ORAWINC ;'pCt FINAL DEVELOPMENT PLAN CENTENNIAL LENDING HEADQUARTERS LOT 5, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P,U.D TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO SHEET 16 OF 22 PHOTOMETRIC PLAN' SITE LIGHTING LAYOUT GENERAL NOTES; ELECTRICAL KEYNOTES: (4) �. IXiF1,lOR LVIIRUJRES S,WW aINL Be ORITAOLLID ar PxOTKLLI Axo- O u,Ycu,wa �wY,Ee w z7'-o• Pac wrH s-r caNOYETc ansE. �q m yEM y CD—T LNRWa[ u .,ZI..C, RRFSTOHE REpL^NLLL�,TS Spl@AE TO � LOCTgNART1LwTN NOHxi LpYlw+l so TNAT eoTipu a Lup is #lw!JG Ow1L2 Q LLWNT IWNApIE W T T B - 6 W WV➢,E . ♦v-v uG CD YWNT WIXNAI0.E GO ,HAT 6a,T0Y 9 HhdUIPF IS +R➢'-p' N6 LWWAWC uwNT[o To tllmmsoE iT PAno gT/,W. Q LW WwRE unlxrzo To I,NOLR90E OE SEGON� RL9R OYdV11NG Q LYMPIME L,WN,Ta t0 LNEfR&0E CF FiRb', RD�T ON]b,ANG uU ,Lww=c W T T ay— a Lumll E is i e-P IFd Ta R44Y 0.lilNY1NlE a— W..a 19W+LSY . !!°!!� Illldi W w W fl T:.. I _.. ..... R ! 3 y S B (TYP OF 4) (71p I 2 (TYPj ! • '9 I ov PROPERTY LIHE-\ —` _— __...._______r-______________— __- CENTENNIAL LENDING TVIE, Exuxufo ]..w , In EnNR 8—vh W pw,xLNp su.no+, M cowv�u�Htl. � WRIS ENGINEEN e.. noto CENTENNIAL LENDING HEADQUARTERS PHOTOMETRIC PLAN - SITE LIGHTING LAYOUT NAME OF CENTENNIAL APPLICANT: LENDING, LLC TYPE OF FINAL SUBMITTAL: DEVELOPMENT PLAN FINAL DEVELOPMENT PLAN CENTENNIAL LENDING HEADQUARTERS LOT 5, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U.D. TOWN OF FIRESTONE. WELD COUNTY, STATE OF COLORADO SHEET 17 OF 22 �°-L �'_ •g F•v.�R'34 Ti Y'•F4"s•u it�5.�� i:� .ri.z M �s-h•�L � a"R "L-t. i.` u tt ,r �'z�Li cvtie'-�.�c "s '! * s.G Y L G Y 'y L W G •u yyy, Y .�y'y�y�'/� '" w .. y, Stu ... fu t�, W G F 4 b. 1r L.. 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'sK aASf PG�Eafs ulE l', o ' aHO LIG SITE Llc NAME OF APPLICANT: TYPE OF SUBMITTAL: CENTENNIAL LENDING SM�N N EFwpn nw,pu: N,px,e,Fn1Ya. sw„¢,n Is�aa,aAla. FARRIIS ENGINEERING FE;1'18101x b:ro�aAiwdwarvwlFun.L,."�i,l��, .� w"eNAYdb Lr CENTENNIAL LENDING, LLC FINAL FINAL DEVELOPMENT PLAN CENTENNIAL LENDING HEADQUARTERS LOT 5, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U.D. TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO SHEET 18 OF 22 LUMINAIRE SCHEDULE 00 ��a��mmol�s 00 - oe�omo©o ,.elS�l(G.t YW� COLE [VMi ARMTFL U— W-WM INxaOHeunt, WAC LIGHTING a=n.ne CUUMCHITTRORII DC-W505 WAC L3C3HTiNG u �o = ...�■.r �sowdi l,.woe. tj a ...... ' c.,.-. ,. ._...• CENTENNIAL LENDING Tn[s'aa,S�an�no .A e6Ylllsea .Ripf MIOMS011 v .cm u,aneoM13c.,,an�a Ta,u,.,.nIP l FAMSSEENGINEEPJNG """` rFE►:tatoiz Mo,N� bw.�r,.i�. `•,. W r '� irtr �P�pl'u fit'• OYlTMI� CENTENNIAL LENDING HEADQUARTERS PHOTOMETRIC PLAN - LUMINAIRE SCHEDULE' AND CUTSHEETS DAME OF CENTENNIAL %PPLICANT: LENDING, LLC TYPE OF FINAL iUBMITTAL: DEVEPLOOPNMENT �d L/lNdNM UXLEDT24 Ir - FINAL DEVELOPMENT PLAN CENTENNIAL LENDING HEADQUARTERS LOT 5, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U.D. TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO SHEET 19 OF 22 ll,�felll kn4,nwLL.ea4 MONSOON win —� LrArcluce puAaelasea� „ean Ll Ism- I i FLEXTUDE.SL ,ACCLAIM . ' LI6NT1[IG ". 'FLEX TUa E.SC. ACCLAIM.':: -L4G41TUiG'.• ea elsoeoLulwnqu WAC L.WOSGM[ LIOHI'NW w W.e....,.•...,. �x I � III`AGeII[S1N3��..-.....�......-. LlSPI -= .� I.'LI QUAPRIOsac�urt , �• qc q e o 5 ow+r�—T. 6a_iEo s/r Pori xooki. sr•-e Vz' LUMINAIRE TYPE 'V POLE BASE DETAIL kC � rnmau xaa�r. o'-w.a• vnucni: ' c uuwr. °0•:3es LUMINAIRE TYPE 'W BASE DETAIL xo s CENTENNIAL LENDING ���a�r r.Te uaaew aA�k,�k alnvpu.lvavvlp,v ahvneu W wvb,.nMp. ahnryl[, Lvmnnunky. FARRIS ENGINEERING_ _... FEr,iRiRlx ..r�+>yo.mo,.errn CENTENNIAL LENDING HEADQUARTERS PHOTOMETRIC PLAN - LUMINAIRESCHEDULE AND CUTSHEETS IAMIE OF CENTENNIAL %PPLICANT: LENDING, LLC TYPE OF FINAL 3UBMIITTAL: DEV PLAN LOPMENT FINAL DEVELOPMENT PLAN CENTENNIAL LENDING HEADQUARTERS LOT S, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U.D. TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO SHEET 20 OF 22 OVERALL ImRIT M'—a' mam ePOIE NA PNT: u'—a' LUMINAIRE TYPE 'Y' THRU 'YC' POLE BASE DETAIL Ho SALE CENTENNIAL LENDING vxuaxr xnre .......... ....... •n.nem r, a..io...n•.mn in o.w.l�u. sn.�yln m commuNn. FARRiSENGINEERING CNMOIf CENTENNIAL LENDING HEADQUARTERS PHOTOMETRIC PLAN LUMINAIRE SCHEDULE AND CUTSHEETS JAME OF CENTENNIAL APPLICANT: LENDING, LLC f YPE OF FINAL � UBMETTAL: DEVELOPMENT PLAN FINAL DEVELOPMENT PLAN CENTENNIAL LENDING HEADQUARTERS LOT 5, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U.D. TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO SHEET 21 OF 22 ....... .._......�.�' � CENT lom PHOTOMETRIC PLAN - CALCULATION AREAS 0 CENTENNIAL LENDING vxvalv.nre uRsox u.w,aox s �uga..l6M1SVangW gianna,ahlp adsn¢romco�n�unuy. FARRIS ENGpINEERING ��FFA•1A1 nt] TM+'Wn•irw�,riN q--itl.r�ni.w Yu .e,..r�dw. NAG bgiriW,sm ��dseviMs. gtlura wa.m..�..a wn�lmal Nu�rgrla4b.. T'eaVi l RaR f�jh�arid'+h' 0Yk]/91s NNIAL LENDING HEADQUARTERS PHOTOMETRIC PLAN - NAME OF CENTENNIAL APPLICANT: LENDING, LLC TYPE OF FINAL SDEVELOPMENT SUBMITTAL: i]. - FINAL DEVELOPMENT PLAN CENTENNIAL LENDING HEADQUARTERS LOT 5, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U.D. TOP OF SIGN a@±24A" ABOVE FFE TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO SHEET 22 OF 22 -- SIGN DIMENSIONS: ±1 V-6' x 5'-6" — = COPY HEIGHT = t1'-20" (CAPS)' ±1'-4" (lower case) SIDE ELEVATION: . -,,,c •,4;,,�_ - --- `� "�"' TOTAL SIGN AREA =±90 S.F. LETTERS ARE GREEN, EXTRUDED, (HOURS OF SIGN ILLUMINATION (INCLUDES BASE &CAP; TOP = t9'-3" A.G. AND INTERNALLY ILLUMINATED BD BY OWNER) B" DEPTH FIBER CEMENT - rt _PERARCHITECT. PANEL (MATCH BLDG GRAY) NORTHWEST ELEVATION WALL SIGN LED�G LIGHTS FIBER CEMENT SIDING ELECTRICAL NTS TO MATCH BUILDING I TOP OF SIGN =±32' ABOVE FFE II — COPY HEIGHT = t3' A �=,(e nteln R41 a COPY HEfGHT a±12' (CAPS),' L (lower cese : t4' VA LINE) LETTERS = RUDED - c, SIGN DIMENSIONS: ±1 B 6" x 5'�" MEfAL (COCRD. COLOR WITH SsLJL� ARCHITECT} LE77ER5AREEXTRUQEQMETAL :; COLOR PUR ARCHITECT ILLUMINATION ¢ 't c _ COPY HEIGHT ; 20" (CAPS)' ti 4 (lowercase) ,F CONCRETE CAP t17" A.G. ISFRCMABOVE s' f i'i`rLe (MATCH BLDG GRAY) (HOURS OF ILLUMfNATION TBD BY OWNER) REFER TO ARCHITECTS FINISHED GRADE r-, - _ — F _Elgo= ffa= CONSTRUCTION DRAWINGS. BRICKVENEER COPY WIDTH=±V-3" TO MATCH BUILDING BASE WIDTH REFER TOARCHiTECT'SPLANS ; SOUTHWEST ELEVATION WALL SIGN FOR CONSTRUCTION DRAWINGS r-'------------------------------------------L, AND SECTION VIEW. 1 NITS L---------------------------------------------� {COPY IS ONE•Slr?ED FACE5AWAY FROM BUILDINGI INTERNATIONAL SYMBOL 41 1 1 PAINTED DIRECTIONAL OF ACCESS {TYP.) 4 ti INCIDENTAL SIGN KEY MONUMENT SIGN ELEVATION ARROW - TYP. STOP irz' = i' R1.130"X3T I O RIGHT TURN ONLY WALL -MOUNTED AI&N I I I I R3.5R 30"X36" PER DETAIL THIS SHEET (NORTH wESTELEVArION) I 7 7 L 3 O DO NOT ENTER RS-130"X30" 4'WHITE EDG� I ! , 1 t — 4 O ADA PARKING LANE STRIPING TO — BEEXTFNDEDTO - — 4"WHITE EPDXY O VANACCESSIBLE EXISTING EDGE — LAJI=STRIPING 171; / tiY _ 4 5 _ 4 STRIPES (TYP.) ��NUMENT O NO PARKING - FIRE LANE MOSIGN t PER DETAIL TINS SHEET 7O CUSTOMER PARKING ' — _ — — — — ~ O PRIVATE PARKING - PARK 2 WALL -MOUNTED SIGNL IN DESIGNATED SPOTS ONLY REMOVE SFx OL D LANE — — — — PER DETAIL THIS SHEET — — (SOUTHWEST ELEVATION) O LANE ENDS - MERGE LEFT W9.2 W X30" STRIPING & REPLACE WITH SKIP STRIPING 4' W ITE oxY �_ 4" WHITE EDGE LANE STRIPING 70 O NO LEFT TURN, DIAGONAL STRIPES STRIPES (TYP.) �"— R3.2 24124" 0141-3087241' WHITE THERMOPLASTIC ARROW TO BE EXTENDED TO EXISTING EDGE LANE STRIPING,-- I t LANE SPLIT &CHEVRON STRIPES (TYP.) 10 REMOVE EX. SOLID LANE STRIPING- — -- — O W12.1 30730" W1-8A 48"X24" (BLACK ON YELLOW} WHITE THERMOPLASTIC STOP i 1 Y & REPLACE WITH SKIP STRIPING & STOP BAR (1'1'P.) a zs STRIPING & SIGN PLAN 4� SCALE: ilnm.50.1 EnSrinaar�nc�n�T rw a,.. 10"all.-I 0 0 List of Public Improvements CFjVTFJV,V1A1 IsNotmi- HCAnQ"RTcR.S rawq at Exhibit B— EngfneWs CostEstimate fbrPubk, ROW improvements BLISM&S.5 Paik Cirdd IrAgroracTnents (tuAntity -unit Prtcff mileTOW !vt /1��M�VrFL F*Vhit L � WD SF 0, G b 1 SF WO el 71 L' RV4-1 e gn iqs CU, Ja ?, guvrg F 75 LF 58? LF S�O CGj1Cr2!etUj-b 4 gutmar 20 LF ADA Romps 2 L $90n. f E5, CuqCrLte Davernult &F i—d#-ORe(UAN Laa �!_ Sthtbtal $7j?30 I-Z5 Frantyg!-.Rpgo Imp.mvemants C-Liantity MR price UneTatal Imp Surrk S3LKO �-cqcrp.-,e drM 15,7w 4-Z r $6 13F $zo. zDa Raised t,�nuete na6arr w:P 140. L F 525/ LF 53,506 R&Od 3 Ea. 541�i !Ea.— Pavenle Ill Fristtln-- LLMp Eum —$1.,1,50 �FM5,G3pe [tu,-F & Irripfirml 4,5ODSF V/sF D 50MMI $611,931) PJPjiM1T1nT3ta1 , �%R, 76D 15%2z-va,encyl $IA464 lot -a! Bzjmata 1 $80,224 10 HMEVOCABLE LETTER OF CREDIT Required Form [date of Letter of Credit - the date the credit is opened] Town of Firestone, CO 151 Grant Avenue P.O. Box 100 Firestone, CO 80520 Attn: Town Clerk: We hereby issue our Irrevocable Letter of Credit Number in your favor for the account of in an amount not to exceed effective immediately and expiring at our counters extended expiration date as indicated below. on (except November 1 - March 1) or any Funds under this Letter of Credit are available for payment by sight, by presentation of your sight draft(s) substantially in the form of Exhibit "A" accompanied by your written certificate substantially in the form of Exhibit "B". Partial and multiple drawings are permitted. This Letter of Credit will automatically be extended for a period of sixty (60) days from the present or any future expiration date unless we notify you in writing by certified mail thirty (30) days prior to any expiration date that we elect not to renew this Letter of Credit for any additional period. We hereby engage with you that all drawings in conformity with terms and conditions of the Letter of Credit will be duly honored upon presentation to our counters on or before any expiration date as indicated above. All bank charges, including any advising bank charges, are to be charged to (account party's name). If a demand for payment by you hereunder does not, in any instance, conform to the terms and conditions of this Letter of Credit, the bank shall give the Town written notice, and send copy of this notice by FAX to the Town of Firestone (Attn: Town Clerk) to (720) 476-4232, within three business days of presentment of any nonconforming draft that the purported negotiation was not effective in accordance with the terms and conditions of the Letter of Credit, stating with particularity the reasons therefore. The bank will hold all documents at the bank for the Town, or 11 send them to the Town, at the Town's option. Any such nonconforming demand may be corrected and resubmitted within three (3) business days of receipt of the bank's mailed notice of nonconformity. A resubmittal will be deemed to have been presented to the bank on the date of the original demand for payment. We are a current member of (FDIC) (FSLIC). This credit is subject to the Uniform Customs and Practice for Documentary Credits, 2007 revision, ICC publication number 600. This Irrevocable Letter of Credit sets forth in full the terms of our undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to any document or instrument referred to herein or in which the Irrevocable Letter of Credit relates and any.such reference shall not be deemed to incorporate herein by reference any document or instrument. Sincerely, 12 EXHIBIT A TO LETTER OF CREDIT DRAFT FOR PAYMENT DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. DATE: , 200 PAY TO: The account of the Town of Firestone, Colorado, Account No. , at Colorado, THE SUM OF DOLLARS TOWN OF FIRESTONE, COLORADO BY: Town Clerk 13 To: EXHIBIT B TO LETTER OF CREDIT CERTIFICATE FOR PAYMENT The undersigned, a duly appointed officer of the Town of Firestone, Colorado (the "Town"), hereby certifies to (the 'Bank"), with reference to the BanVs Irrevocable Letter of Credit No. (the "Letter of Credit"), issued by the Bank in favor of the Town, that: (1) The undersigned is the Town Clerk for the Town. (2) The Town is authorized to make a drawing under the Letter of Credit. (3) The amount which is due and payable from the Letter of Credit is $ , and the amount of the sight draft accompanying this certificate does not exceed such amount. IN WITNESS WHEREOF, the undersigned has executed and delivered this certificate as of the day of 1200 TOWN OF FIRESTONE, COLORADO BY: Town Clerk 14 RESOLUTION 19-69 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-IJ FOR A JOINT SCHOOL RESOURCE OFFICER PROGRAM WHEREAS, the Town and the community are significantly impacted by the demands placed upon them to address incidents and situations directly or indirectly related to juveniles and schools; and WHEREAS, the problems of delinquency, alcohol and substance abuse, gang involvement and other youth related problems which negatively affect the community and the schools can best be addressed in a proactive and preventive manner; and WHEREAS, the Town of Firestone and the St. Vrain Valley School District RE-H have jointly developed a School Resource Officer Program to establish a positive relationship between students and law enforcement and to prevent delinquency, alcohol and substance abuse, and other issues affecting the community's youth; and WHEREAS, such programs are recognized as being effective in the development of a positive relationship between law enforcement and youth and in the prevention of delinquency and other youth issues. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Intergovernmental Agreement between the Town of Firestone and St. Vrain Valley School District RE-IJ, for a School Resource Officer Program, is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Intergovernmental Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 24th day of J, uly, 2019. T �.sr \R _..._.ONE TOWN m SEA, )Q0 off' �'�•h.. •f�0�q ATTEST: OG�rY''GO�, Leah Vanarsdall, Town Clerk .:..AS TO FORM: Town Attorney TOWN OF FIRESTONE, COLORADO Z66i �, LI,,L bi Sine ayor INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND IMAGINE CHARTER SCHOOL AT FIRESTONE FOR A JOINT SCHOOL RESOURCE OFFICER PROGRAM THIS INTERGOVERNMENTAL AGREEMENT (Agreement) is made by and between the TOWN OF FIRESTONE (Town) and IMAGINE CHARTER SCHOOL AT FIRESTONE (School). WHEREAS, the Town of Firestone, the School, and the community are significantly impacted by the demands placed upon them to address incidents and situations directly or indirectly related to juveniles and the schools; and 'WHEREAS, the problems of delinquency, alcohol and substance abuse, gang involvement, and other youth related problems which negatively affect the community and the schools can best be addressed in a proactive and preventive manner; and WHEREAS, the Town of Firestone and the School have jointly developed a school resource officer program to provide a school -based approach to the development of a positive relationship between students and the police and the prevention of delinquency, alcohol anA substance abuse, and gang involvement by our community's young people; and WHEREAS, such programs are recognized as being effective in the development of a positive relationship between law enforcement, faculty, and young people and in the prevention of delinquency, NOW, THEREFORE, FOR AND IN CONSIDERATION of the covenants and agreements below appearing, the parties agree as follows: I. SCOPE OF SERVICES A. The School Resource Officer shall be assigned to work with the administration, faculty, and students of Imagine Charter School at Firestone, and may perform functions including, but not limited to, the following. 1. Assist in the prevention and control of crime, delinquency, truancy, and disorder on the campuses and in the immediate area of the schools if students are involved. 2. Conduct or assist in the investigation of offenses on. campus. 3. Provide presentations and available educational resources in the following areas: alcohol and substance abuse, law -related education, criminal justice system orientation, delinquency prevention, gang involvement and awareness, and community responsibility, for students, parents, and other groups associated with the schools. 4. As requested by Schools' staff, provide instructional resources for classroom presentations, as time permits. 5. Enforce state statutes and municipal codes as appropriate. b. Appear in court and assist in prosecution and other judicial processes as appropriate. 7. Assist in the coordination of efforts of other enforcement agencies on the campuses. 8. Provide visible presence on the campuses. 9. Assist campus monitors with appropriate monitoring and enforcement in the parking lots and other grounds of the schools. 10. Attend school -related functions during normal classroom hours. Offzc..�r may be asked to adjust his/her hours from time to time to attend social events such as school dances and sporting events, etc. This type of adjustment is generally reserved for the Middle School. This will not replace security and off -duty work already in place. 11. Contribute to the positive police -school -community relation efforts, especially as these efforts relate to students and parents. 12. Provide a monthly report of activities to the School Security Director. II. PROGRAM ADMINISTRATION A. Employment, The School Resource Officer shall be a regular employee and certified police officer of the Town of Firestone. The Officer will be subject to the ordinances, policies, procedures, rules, regulations, directives, and orders of the Town of Firestone. The Officer also will comply with the policies and regulations of the School, to the extent that such policies and regulations are not in conflict with those of the Town of Firestone; are not in conflict with other terms contained herein or with direction of the Town of Firestone; and are not in conflict with federal, state or Town laws. B. Salary and Benefits. The School Resource Officer will receive salary and employee benefits and normally issued equipment and supplies from and as determined by the Town of Firestone. The School Resource Officer Program is funded by th:, Town of Firestone and the School District, The School agrees to pay $37,248.37 to th, Town, which such amount is equal to one-half of the School Resource Officer's annual salary prorated for a nine (9) month school period and which such amount is payable not more than 30 days after this Agreement has been executed. C. Schedule. The School Resource Officer will work a schedule that is established pursuant to and consistent with Town of Firestone policies and procedures, and subject to the Fair Labor Standards Act. Except as otherwise provided in this Agreement, during times when the Schools are in session, the School Resource Officer will devote such Officer's full shift to the School calendar day, except for required duties such as court appearances. During the Schools' summer vacation, spring break, holiday breaks, and on other days when the Schools are not in session, and the Officer is not involved in assigned School - related activities, the School Resource Officer will be assigned to. duties in the Police. 0) Department. In the event of an emergency, as determined by the Town of Firestone, the School Resource Officer may be required to perform general law enforcement duties. The School Resource Officer shall attend in-service training conducted by the Town of Firestone scheduled throughout the year. D. Supervision. The School Resource Officer is subject to the Town of Firestone's chain of command and the supervision of the assigned Town of Firestone supervisors. Day-to-day supervision will be assigned to Town of Firestone supervisors. The assigned Town of Firestone supervisor will be responsible for maintaining contact with the principals, School administration, and their management staffs. The School Resource Officer will work closely with school administrators and faculty to determine the most effective use of the Officer's time and expertise, but shall not be subject to the supervision or direction by the School, its officers, agents, or employees. E. Performance Appraisal. The School Resource Officer's performance will be evaluated consistent with the Town of Firestone policy and procedures by the assigned supervisor. The supervisor will accept input fiom the Schools' principals or their designees, but the Town's supervisor(s) alone shall be responsible for appraisals per the Town's policy and. procedures. F. Vehicle; Facilities. As necessary to the duties of the position, and subject to availability, the School Resource Officer will be provided on -duty use of a Town of Firestone vehicle. The School shall provide the Officer with access to office facilities at the School appropriate to the conduct of their on -site duties, G. Liability_ Coverage, The Town of Firestone and the School shall exchange evidence of insurance showing general liability coverage for the School and general liability and law enforcement liability coverages for the Town of Firestone in the minimum amounts of the per occurrence and aggregate liability limits of the Colorado Govetximental Immunity Act, for protection from claims for bodily injury, death, property damage, or personal injury which may arise through the performance of this Agreement. Such evidence shall be approved by each recipient, through, respectively, the Town of Firestone's Town Administrator and School Principal, prior to the commencement of this Agreement. H. Termination. This Agreement may be terminated without cause by either the Town of Firestone or the School upon 30 days' written notice. Upon termination, any funds provided by the School shall be prorated and returned to the School. Notice shall be given to the Town of Firestone Police Chief or the School Principal as appropriate. I. Entire Agreement. This Intergovernmental Agreement contains the entire agreement of the parties. Amendments of this Intergovernmental Agreement may be made only in writing and signed by all parties hereto. J. Relationship of the Patties. It is mutually agreed and understood that nothing contained in this Intergovernmental Agreement is intended or shall be construed as in any way establishing the relationship of copartners or a joint venture between the Town of Firestone and the School, or as construing the School, including its officers, agents, volunteers and employees, as an agent of the Town of Firestone, or as construing the Town, including its officers, agents, volunteers and employees, as an agent of the School. The School shall not represent that the School Resource Officer is an employee or agent of the School in any capacity. The School Resource Officer shall not represent that he/she is an employee or agent of School in any capacity. The School Resource Officer shall remain solely an employee of the Town of Firestone. K. Third Party _Beneficiaries. None of the terms or conditions in this Intergovernmental Agreement gives or allows any claim, benefit, or right of action by any third person not a party hereto. Any person other than the Town of Firestone or School receiving services or benefits under this Contract is only an incidental beneficiary. Nothing in this Intergovernmental Agreement shall be construed as or deemed to constitute a waiver by either party of any immunity, liability limits or other liability protections granted to the Town of Firestone or the School, or their officers, employees or volunteers, under the Colorado Governmental Immunity Act, any other state or federal law, or common law. III. TERM OF CONTRACT The terms of this Agreement shall be effective August 12019 and shall continue through May 31 2020 unless sooner terminated as provided herein. PRESERVATION OF IlMMUNITY. Nothing in this Agreement shall be construed: (i) as a waiver by either party of immunity provided by common law or by statute, specifically including the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., as it may be amended from time to time; (ii) as creating an assumption of any duty or obligation with respect to any third party where no such duty previously existed; or (iii) as creating any rights enforceable by such third parties. EXECUTED THIS 6 DAY OF U2019 TOWN OF FIRESTONE Imagine Charter School at Firestone Town Cleric Town of Firestone By: Jess' c ervantes Pri i 4 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J FOR A JOINT SCHOOL RESOURCE OFFICER PROGRAM THIS INTERGOVERNMENTAL AGREEMENT (Agreement) is made by and between the TOWN OF FIRESTONE (Town) and ST. VRAIN VALLEY SCHOOL DISTRICT READ (School District). WHEREAS, the Town of Firestone, the School District, and the community are significantly impacted by the demands placed upon them to address incidents and situations directly or indirectly related to juveniles and the schools; and WHEREAS, the problems of delinquency, alcohol and substance abuse, gang involvement, and other youth related problems which negatively affect the community and the schools can best be addressed in a proactive and preventive manner; and WHEREAS, the Town of Firestone and the School District have jointly developed a school resource officer program to provide a school -based approach to the development of a positive relationship between students and the police and the prevention of delinquency, alcohol and substance abuse, and gang involvement by our community's young people; and WHEREAS, such programs are recognized as being effective in the development of a positive relationship between law enforcement, faculty, and young people and in the prevention of delinquency; NOW, THEREFORE, FOR AND IN CONSIDERATION of the covenants and agreements below appearing, the parties agree as follows: I. SCOPE OF SERVICES A. The School Resource Officer shall be assigned to work with the administration, faculty, and students of Coal Ridge Middle School, Prairie Ridge Elementary School and Centennial Elementary School, and may perform functions including, but not limited to, the following: 1. Assist in the prevention and control of crime, delinquency, truancy, and disorder on the campuses and in the immediate area of the schools if students are involved. 2. Conduct or assist in the investigation of offenses on campus. 3. Provide presentations and available educational resources in the following areas: alcohol and substance abuse, law -related education, criminal justice system orientation, delinquency prevention, gang involvement and awareness, and community responsibility, for students, parents, and other groups associated with the schools. 4. As requested by Schools' staff, provide instructional resources for classroom presentations, as time permits. 5. Enforce state statutes and municipal codes as appropriate. 6. Appear in court and assist in prosecution and other judicial processes as appropriate. 7. Assist in the coordination of efforts of other enforcement agencies on the campuses. 8. Provide visible presence on the campuses. 9. Assist campus monitors with appropriate monitoring and enforcement in the parking lots and other grounds of the schools. 10. Attend school -related functions during normal classroom hours. Officer may be asked to adjust his/her hours from time to time to attend social events such as school dances and sporting events, etc. This type of adjustment is generally reserved for the Middle School. This will not replace security and off -duty work already in place. 11. Contribute to the positive police -school -community relation efforts, especially as these efforts relate to students and parents. 12. Provide a monthly report of activities to the School District Security Director. li. PROGRAM ADMINISTRATION A. Employment. The School Resource Officer shall be a regular employee and certified police officer of the Town of Firestone. The Officer will be subject to the ordinances, policies, procedures, rules, regulations, directives, and orders of the Town of Firestone. The Officer also will comply with the policies and regulations of the School District, to the extent that such policies and regulations are not in conflict with those of the Town of Firestone; are not in conflict with other terms contained herein or with direction of the Town of Firestone; and are not in conflict with federal, state or Town laws. B. Salary and Benefits. The School Resource Officer will receive salary and employee benefits and normally issued equipment and supplies from and as determined by the Town of Firestone. The School Resource Officer Program is funded by the Town of Firestone and the School District. The School District agrees to pay $31,215.84 to the Town, which such amount is equal to one-half of the School Resource Officer's annual salary prorated for a nine (9) month school period and which such amount is payable not more than 30 days after this Agreement has been executed. C. Schedule. The School Resource Officer will work a schedule that is established pursuant to and consistent with Town of Firestone policies and procedures, and subject to the Fair Labor Standards Act. Except as otherwise provided in this Agreement, during times when the Schools are in session, the School Resource Officer will devote such Officer's full shift to the School calendar day, except for required duties such as court appearances. During the Schools' summer vacation, spring break, holiday breaks, and on other days 2 when the Schools are not in session, and the Officer is not involved in assigned School - related activities, the School Resource Officer will be assigned to duties in the Police Department. In the event of an emergency, as determined by the Town of Firestone, the School Resource Officer may be required to perform general law enforcement duties. The School Resource Officer shall attend in-service training conducted by the Town of Firestone scheduled throughout the year. D. Supervision. The School Resource Officer is subject to the Town of Firestone's chain of command and the supervision of the assigned Town of Firestone supervisors. Day-to-day supervision will be assigned to Town of Firestone supervisors. The assigned Town of Firestone supervisor will be responsible for maintaining contact with the principals, School administration, and their management staffs. The School Resource Officer will work closely with school administrators and faculty to determine the most effective use of the Officer's time and expertise, but shall not be subject to the supervision or direction by the School District, its officers, agents, or employees. E. Performance Appraisal. The School Resource Officer's performance will be evaluated consistent with the Town of Firestone policy and procedures by the assigned supervisor. The supervisor will accept input from the Schools' principals or their designees, but the Town's supervisor(s) alone shall be responsible for appraisals per the Town's policy and procedures. F. Vehicle; Facilities. As necessary to the duties of the position, and subject to availability, the School Resource Officer will be provided on -duty use of a Town of Firestone vehicle. The District shall provide the Officer with access to office facilities at the Schools appropriate to the conduct of their on -site duties. G. Liability Coverage. The Town of Firestone and the School District shall exchange evidence of insurance showing general liability coverage for the School District and general liability and law enforcement liability coverages for the Town of Firestone in the minimum amounts of the per occurrence and aggregate liability limits of the Colorado Governmental Immunity Act, for protection from claims for bodily injury, death, property damage, or personal injury which may arise through the performance of this Agreement. Such evidence shall be approved by each recipient, through, respectively, the Town of Firestone's Town Administrator and School District Superintendent, prior to the commencement of this Agreement. H. Termination. This Agreement may be terminated without cause by either the Town of Firestone or the School District upon 30 days' written notice. Upon termination, any funds provided by the School District shall be prorated and returned to the School District. Notice shall be given to the Town of Firestone Police Chief or the School District Superintendent as appropriate. I. Entire Agreement. This Intergovernmental Agreement contains the entire agreement of the parties. Amendments of this Intergovernmental Agreement may be made only in writing and signed by all parties hereto. J. Relationship of the Parties. It is mutually agreed and understood that nothing contained in this Intergovernmental Agreement is intended or shall be construed as in any way 3 establishing the relationship of co-partners or a joint venture between the Town of Firestone and the School District, or as construing the School District, including its officers, agents, volunteers and employees, as an agent of the Town of Firestone, or as construing the Town, including its officers, agents, volunteers and employees, as an agent of the School District. The School District shall not represent that the School Resource Officer is an employee or agent of the School District in any capacity. The School Resource Officer shall not represent that he/she is an employee or agent of School District in any capacity. The School Resource Officer shall remain solely an employee of the Town of Firestone. K. Third Party Beneficiaries. None of the terms or conditions in this Intergovernmental Agreement gives or allows any claim, benefit, or right of action by any third person not a party hereto. Any person other than the Town of Firestone or School District receiving services or benefits under this Contract is only an incidental beneficiary. Nothing in this Intergovernmental Agreement shall be construed as or deemed to constitute a waiver by either party of any immunity, liability limits or other liability protections granted to the Town of Firestone or the School District, or their officers, employees or volunteers, under the Colorado Governmental Immunity Act, any other state or federal law, or common law. III. TERM OF CONTRACT The terms of this Agreement shall be effective August 13, 2019 and shall continue through May 23, 2020 unless sooner terminated as provided herein. PRESERVATION OF IMMUNITY. Nothing in this Agreement shall be construed: (i) as a waiver by either party of immunity provided by common law or by statute, specifically including the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., as it may be amended from time to time; (ii) as creating an assumption of any duty or obligation with respect to any third party where no such duty previously existed; or (iii) as creating any rights enforceable by such third parties. EXECUTED THIS )' i TOWN OF FIRESTONE w By. 'Imi Bobbj ndelar Mayor AT EST: r�-JWIYlad Town Clerk Town of Firestone DAY OF , 2019 ST. VRAIN VALLEY SCHOOL DISTRICT RE-1 J By: Don Haddad, Ed.D. Superintendent of Schools .19 RESOLUTION 19-68 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND MILLER GROUNDWATER ENGINEERING LLC FOR GROUNDWATER MODEL ENGINEERING SERVICES REGARDING THE GOULD PROPERTY WHEREAS, the Town of Firestone ("Town") is in need of engineering services regarding the groundwater model for the Gould property ("Project"), which was recently purchased by the Town; and WHEREAS, Miller Groundwater Engineering, LLC, is duly accredited and has the skill and experience to perform the groundwater model engineering services required for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and Miller Groundwater Engineering LLC, for groundwater model engineering services regarding the Gould property is approved in substantially the same form as the copy attached hereto and made a part of this resolution., and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 24th day of July, 2019. N 'NO 0 re ti r 0 ATTEST: c0 Leah Vanarsdall, Town Clerk i ED AS TO FORM: Willi . Hayashi, Town Attorney TOWN OF FIRESTONE, COLORADO Zk& 1�7 A , i Sin-deiJ, Mayor k FIRESTONE C 0 L 0- ..... . A D 0 TOWN OF FIRESTONE AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND MILLER GROUNDWATER ENGINEERING, LLC FOR ENGINEERING SERVICES (Gould Well Field Groundwater Model) THIS AGREEMENT ("Agreement"), is made this ?�_th day of &4 2019, between the Town of Firestone, a Colorado statutory municipality, hereinafter referred to as "FIRESTONE," and Miller Groundwater Engineering, LLC, as independent contractor, hereinafter referred to as "CONTRACTOR," and provides as follows: ARTICLE I SCOPE OF SERVICES Section 1.1 Services: FIRESTONE retains CONTRACTOR, and CONTRACTOR agrees to provide the goods and to perform and complete the work, personal services and/or furnish the necessary equipment, supplies or materials in accordance with and/or as described in Schedule A, hereinafter referred to as the "Project." Schedule A is hereby incorporated by reference and made a part of this Agreement. To the extent that this Agreement and Schedule A conflict, the provisions of this Agreement shall prevail, Additional goods or services beyond those set out in Schedule A, if requested, shall be provided only when authorized in writing by FIRESTONE. Section 1.2 Contract Time: CONTRACTOR shall commence work upon direction to proceed from FIRESTONE and complete the Project on or before December 31 2019. Section 1.3 Independent „Contractor: CONTRACTOR shall at all times control the means and manner by which CONTRACTOR performs the work, subject to FIRESTONE's right to monitor, evaluate and improve such work. CONTRACTOR shall at all times be and act as an independent contractor and not as an employee of FIRESTONE. General Contract for Goods and/or Services (Short Form) (Rev. Jan 2018) Page 1 Section 1.4 Warranty of Contractor: CONTRACTOR warrants that title to all goods, materials and equipment covered and paid for under this Agreement will pass to FIRESTONE, either by incorporation in the Project or upon the receipt ofpayment by CONTRACTOR, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances; and that no services, goods, materials or equipment paid for under this Agreement will have been acquired by CONTRACTOR, or by any other person performing services at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such other person. CONTRACTOR warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses required by law. All professional services shall be performed timely in accordance with generally accepted professional practices and the level of competency presently maintained by other professionals providing the same general type of work as set forth in the Scope of Services. ARTICLE II COMPENSATION FOR SERVICES Section 2.1 Compensation: In consideration of completion of the Project specified herein by CONTRACTOR, FIRESTONE shall pay CONTRACTOR (check and initial below as applicable): ❑� A fixed sum of $ ® Based upon a time, materials and expenses basis, pursuant to the rate schedule attached hereto as Schedule A, but in no event shall the total compensation exceed $ 21,000.00. ❑ As described in Schedule A. Section 2.2 PP n ent: FIRESTONE will make payment due to CONTRACTOR for compensation for completed work within thirty (30) days after invoices submitted by CONTRACTOR, which invoice(s) may not be submitted more frequently than monthly. Invoices shall indicate the basis upon which payment is requested, such as percentage of the Project completed, or actual time, materials and expenses. FIRESTONE shall submit invoice disputes, if any, to CONTRACTOR within thirty (30) days for resolution by mutual consent. Section 2.3 Set Off. In addition to any other rights FIRESTONE has under this Agreement to indemnification or recoupment, CONTRACTOR agrees that FIRESTONE is entitled to set off any amounts it may owe CONTRACTOR under this Agreement against such claims for indemnity or recoupment. Section 2.4 No Multi -Year Fiscal Obligation. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution Article X, Section 20. Notwithstanding any other provision of this Agreement, FIRESTONE'S obligations under this Agreement are subject to General Contract for Goods and/or Services (Short Fenn) (Rev. Jan 2018) Page 2 annual appropriation by the Town of FIRESTONE's Board of Trustees. Any failure of the Town Board of Trustees annually to appropriate adequate monies to finance FIRESTONE's obligations under this Agreement shall terminate this Agreement at such time as such then -existing appropriations are to be depleted. Notice shall be given promptly to CONTRACTOR of any failure to appropriate such adequate monies, Section 2.5 Appropriation: If this is a contract for the design or construction, or both the design and construction of a public works project, the FIRESTONE has appropriated funds equal to or in excess of the Contract Price. ARTICLE III ADMINISTRATION OF THIS AGREEMENT Section 3.1 Project Performance: in consideration of the compensation provided for in this Agreement, CONTRACTOR agrees to perform or supply the Project, in accordance with generally accepted standards and practices of the industry and warrants that all materials incorporated in the Project be free from defect of material or workmanship and conform strictly to the specifications, drawings or samples specified or furnished. This Section 3.1 shall survive any inspection, delivery, acceptance or payment by FIRESTONE. Section 3.2 Ownership_and Use of Documents: (check and initial all that apply) ® (a) The following Sections 3.2(a)(1) and (2) are applicable to design professionals (architects, engineers, etc.): (1) The documents prepared by CONTRACTOR in connection with the Project and copies thereof furnished to other parties are for use solely with respect to the Project. Such documents are not to be used by any other contractor or subcontractor on other projects or for additions to this Project outside the scope of the work without the specific written consent of FIRESTONE and CONTRACTOR. Other contractors and subcontractors are authorized to use and reproduce applicable portions of the documents prepared by CONTRACTOR appropriate to and for use in the execution of their work under this Agreement. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the documents prepared by CONTRACTOR. (2) Notwithstanding the provisions of Section 3.2(a)(1) above, FIRESTONE may utilize any such documents generated in connection with the Project by CONTRACTOR for other projects, provided that CONTRACTOR is not held liable for future project applications other than the Project described pursuant to this Agreement. ❑ (b) The following Sections 3.2(b)(1) through (3) are applicable to nonprofessionals (contractors, suppliers, etc.): (1) Any documents prepared by CONTRACTOR, and copies thereof furnished to other parties are for use solely with respect to this Project. They are not to be used by General Contract for Goods and/or Services (Short Fonn) (Rev, Jan 2018) Page 3 any other contractor or subcontractor on other projects or for additions to this Project outside the scope of the work without the specific written consent of FIRESTONE and CONTRACTOR. Other contractors and subcontractors are authorized to use and reproduce applicable portions of the documents prepared by the CONTRACTOR appropriate to and for use in the execution oftheir work under this Agreement. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the documents prepared by CONTRACTOR. (2) CONTRACTOR, and any subcontractor or supplier or other person or organization performing or furnishing any work for the Project under a direct or indirect contract with FIRESTONE (i) shall not have or acquire any title to or ownership rights in any of any documents (or copies of documents) prepared in connection with the Project by a design professional and (ii) shall not reuse any of such documents or copies for extensions of the Project or any other project without written consent of FIRESTONE and the design professional and specific written verification or adaption by the design professional. (3) Notwithstanding the provisions of Sections 3.2(b)(1) and (2) above, FIRESTONE may utilize any documents generated in connection with the Project by a design professional or CONTRACTOR for other projects, provided that such design professional and CONTRACTOR are not held liable for future project applications other than the Project described pursuant to this Agreement. FIRESTONE shall not convey any such documents generated by CONTRACTOR to a third party or use any such documents in a manner adverse to the CONTRACTOR. Section 3.3 Insurance: CONTRACTOR shall, at its own expense, keep in full force and effect during the term of this Agreement and during the term of any extension or amendment of this Agreement, insurance as stated below: (a) Commercial General Liability Insurance with minimum combined single limits of One Million Dollars and No Cents ($1,000,000.00) for each occurrence and Two Million Dollars and No Cents ($2,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall endorse FIRESTONE and its employees and agents as additional insureds. Additionally, the policy shall provide that such insurance is primary coverage with respect to work contemplated under this Agreement by all insureds and additional insureds. (b) If professional services are provided, Professional Liability Insurance with limits of One Million Dollars and No Cents ($1,000,000.00) per claim and Two Million Dollars and No Cents ($2,000,000.00) aggregate. This policy shall remain in force for the period of design and construction and shall include a discovery period of three years, to commence upon substantial completion of the Project. (c) Workers' Compensation Insurance to cover all obligations imposed by applicable laws for all of CONTRACTOR's employees engaged in the performance of work under this Genera! Contract for Goods and/or Services (Short Fonn) (Rev. ]an 2018) Page 4 Agreement, based on statutory limits prescribed by and in accordance with Colorado law. In the event any services are performed by a subcontractor, CONTRACTOR shall require such subcontractor to provide workers' compensation insurance for its employees. (d) Comprehensive Automotive Liability Insurance for the duration of this Agreement covering all owned, non -owned, and hired vehicles used in connection with the work performed by or on behalf of CONTRACTOR under this Agreement in an amount not less than Five Hundred Thousand Dollars and No Cents ($500,000.00) combined single limit per occurrence for bodily injury and property damage. (e) All of the insurance policies required above shall be written and issued by responsible companies authorized to do business under the laws of the State of Colorado. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of CONTRACTOR. A copy of each such policy or certificate shall be provided to FIRESTONE within five (5) business days of the complete execution of this Agreement and shall be attached to this Agreement. CONTRACTOR shall be responsible for notifying FIRESTONE within five (5) business days of any material modification to, or cancellation of, these policies during the term of this Agreement, including but not limited to, any pending or paid claims against the aggregate amount of the policy, and of any cancellation of coverage for non-payment. Section 3.4 Colorado Governmental Immunity Act. The parties hereto understand and agree that FIRESTONE is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities and protections provided it by the CGIA, C.R.S § 24-10-101 et seq., as from time to time amended, or otherwise available to FIRESTONE, its officers or its employees. Section 3.5 Indemnification: CONTRACTOR shall defend, indemnify and hold harmless FIRESTONE and its officers, officials, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from this Agreement, to the extent that such claim, damage, loss or expense is caused, or alleged to be caused, in whole or in part, by any negligent, reckless or intentional act or omission of CONTRACTOR or anyone directly employed by CONTRACTOR or anyone for whose acts CONTRACTOR may be liable. Section 3.6 Subcontractor: CONTRACTOR shall, as soon as practicable after executing this Agreement, notify FIRESTONE in writing for FIRESTONE`s approval, of any subcontractors who may be involved in the Project and the general scope of work to be performed by each subcontractor. FIRESTONE may, in its reasonable discretion, reject any proposed subcontractor, in which case CONTRACTOR shall either perform such component or the work itself, or secure a subcontractor acceptable to FIRESTONE. General Contract for Goods and/or Services (Short Form) (Rev. Jan 20 N) Page 5 Section 3.7 Termination for Convenience; This Agreement may be terminated by FIRESTONE without cause upon seven (7) days written notice to the CONTRACTOR. In the event of termination, FIRESTONE will pay CONTRACTOR for all services satisfactorily performed and for goods provided to date of termination. If payment is otherwise due in a fixed sum, FIRESTONE will pay CONTRACTOR for the pro rata value of the completed portion of the Project, If, however, CONTRACTOR has substantially or materially breached the standards or terms of this Agreement, FIRESTONE shall have any remedy or right to set off available at law and equity. Section 3.8 Binding Effect/Non-Assi abili : FIRESTONE and CONTRACTOR each binds itself, its successors and assigns to the other party to this Agreement with respect to all rights and obligations under this Agreement. Neither FIRESTONE nor CONTRACTOR shall assign or transfer its interest in, or obligations under, this Agreement without the written consent of the other. Section 3.9 ComRliance with Law: Contractor agrees to perform the work in compliance with all applicable federal, state, county and city laws, ordinances, rules and regulations, including without limitation, the preference for Colorado labor as set forth in Article 17 of Title 8 C.R.S. Section 3.10 Immigration Status Obligations: , a) CONTRACTOR certifies, through signature ofits authorized representative executing this Agreement, that it does not knowingly employ or contract with an illegal alien who will perform work under the public contract for services and that the CONTRACTOR will participate in the United States Government's E-Verify Program or the State of Colorado Department of Labor and Employment Program ("Department Program") in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. b) CONTRACTOR shall not: 1) Knowingly employ or contract with an illegal alien to perform work under this Agreement; or 2) Enter into a contract with a subcontractor that fails to certify to the CONTRACTOR that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. c) CONTRACTOR shall affirm as required by C.R.S. § 8-17.5-102 (c) (II) the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the E-Verify Program or the Department Program. d) CONTRACTOR is prohibited from using the E-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while the public contract for services is being performed. General Contract for Goods and/or Services (Short Form) (Rev. ]an 2018) Page 6 e) If CONTRACTOR obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, CONTRACTOR shall be required to: 1) Notify the subcontractor and FIRESTONE within three days that the CONTRACTOR has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub -subparagraph (13)(2) the subcontractor does not stop employing or contracting with the illegal alien; except that the CONTRACTOR shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. fj CONTRACTOR shall comply with all rules and regulations and any reasonable request by the State Department of Labor and Employment made in the course of the Department's performance of its lawful duties pursuant to C.R.S. 8-17.5-101 et seq., as amended from time to time. g) If CONTRACTOR violates any of the provisions set forth in this section, FIRESTONE may terminate the Agreement and CONTRACTOR shall be liable for all actual and consequential damages incurred by FIRESTONE. Section 3.10 Notice and Communications: Any notice to the parties required under this Agreement shall be in writing, delivered to the person designated below for the parties at the indicated address unless otherwise designated in writing. Only mailing by United States mail or hand delivery shall be utilized. Facsimile and e-mail addresses are provided for convenience only. FIRESTONE: Town of Firestone 151 Grant Avenue. Firestone, CO 80520 Attn: Julie Pasillas Telephone: 303.531.6258 Facsimile: E-mail; ipasillas(@firestoneco.gov CONTRACTOR: Miller Groundwater Engineerin;z, LLC 324 Remington St., Suite 110 Fort Collins, CO 80524 Attn: Calvin Miller, PE Telephone: 970.492.5710 Facsimile: E-Mail:calvin@millergroundwater.com General Contract for Goods and/or Services (Short Form) (Rev, Jan 2018) Page 7 ARTICLE IV RESPONSIBILITIES OF FIRESTONE Section 4.1 Project Materials/Confidentiality: FIRESTONE shall provide CONTRACTOR with data, information, reports and other such documentation as maybe reasonably available to FIRESTONE, and reasonably required by CONTRACTOR to perform services under this Agreement. No information shall, unless as required by law, be disclosed by CONTRACTOR to third parties without prior written consent of FIRESTONE. All documents provided by FIRESTONE to CONTRACTOR shall be returned to FIRESTONE. CONTRACTOR is authorized by FIRESTONE to retain copies of such data and materials at CONTRACTOR'S EXPENSE. Section 4.2 Access to Property and Records: FIRESTONE shall provide CONTRACTOR with access to its property as required and necessary to complete the Agreement. To the extent required by law, FIRESTONE and CONTRACTOR agree to make this Agreement and any related records available for public disclosure pursuant to any open records law, including, without limitation, the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. CONTRACTOR agrees to hold FIRESTONE harmless from the disclosure of any records that FIRESTONE reasonably believes it is legally required to disclose. Section 4.3 FIRESTONE's Representative: FIRESTONE shall designate, in writing, a representative who shall have authority to act for FIRESTONE with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define FIRESTONE's policies and decisions with respect to materials, equipment, elements and systems pertinent to CONTRACTORS services. Section 4.4 Verbal Agreement or Conversation: No verbal agreement or conversation with any officer, agent or employee of FIRESTONE, either before, during or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle CONTRACTOR to any additional payment whatsoever under the terms of this Agreement. ARTICLE V MISCELLANEOUS Section 5.1 Colorado Law: This Agreement is to be governed by the laws of the State of Colorado. Venue for any litigation shall be in Weld County. Section 5.2 Amendments; Change Orders: This Agreement may only be amended, supplemented or modified in a written document signed by both parties (a "Change Order"). Section 5.3 Counterparts. This Agreement may be executed in two or more counterparts, using manual or facsimile signature, each of which shall be deemed an original and all of which together shall constitute one and the same document. Section 5.4. Severability. If any term, covenant, or condition ofthis Agreement is deemed by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of General Contract for Goods and/or services (sbort Form) (Rev. fan 2018) Page 8 this Agreement shall be binding upon the parties. Section 5.5. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all other prior and contemporaneous agreements, representations, and understandings of the parties regarding the subject matter of this Agreement. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by the parties. No representations or warranties whatever are made by any party to this Agreement except as specifically set forth in this Agreement or in any instrument delivered pursuant to this Agreement. Section 5.5. DefaultlAttorney's Fees: In the event of default of any of the provisions herein, the defaulting party shall be liable to the non -defaulting party for all reasonable attorney fees, legal expenses and costs incurred as a result of the default. Section. 5.7. No Waiver: Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by FIRESTONE shall not constitute a waiver of any of the other terms or obligations of this Agreement. General Contract for Goods and/or Scrvices (Short Forro) (Rev. Jan 2018) Page 9 IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement the day first written above. � UNTY I EST: Leah Vanarsdall, Town Cleric APPROVAL AS TO FORM: Willia)VI. Hayashi, Town Attorney TOWN OF FIRESTONE C ► 1/�/. .� /. ! ./L i title: CONTRACTOR Name: a f✓ r M 19111py- Title: QWMef / t"/'?S Date: _ 7- e od-- a 0 General Contract for Goods andlor Services (Short Form) (Rev. ]an 2019) Page 10 SCHEDULE A (Attached to and made a part of the Agreement between the Town of Firestone and Miller Groundwater Engineering, LLC ) Location The Gould property, recently purchased by the Town of Firestone, is located about 1,200 ft south of the Saint Vrain River and immediately along the east side of Colorado Blvd (County Road 13) in Section 31 of Township 3N, Range 67W. Pelican Shores Lake is located to the west of the property, on the west side of Colorado Blvd. Tasks 1. Expand Gould Groundwater Model. A primary task in this scope is to expand our current groundwater model of the Gould property. The current model domain extends west of Gould only to the eastern edge of the lake since that extent was sufficient for the simulations we have conducted to date. However, to better test our expectations about interactions between the lake's water levels and the wellfield's operations, we believe the model domain should now include the entire footprint of the lake. We will move the southwest boundary of the model to coincide with the Last Chance Ditch on the south side of the lake, and move the west model boundary to be located slightly west of the west shore of the lake. 2. Evaluate Lake Water Level Response. We will use the expanded model to test our current opinions about how lake levels would be influenced by groundwater flowing through the lake. 3. Evaluate Alternative Wellfield Configuration(s). In our recent wellfield simulations for the Town, we considered a wellfield constructed mainly within 500 ft of the northwest corner of the Gould Property. This new scope includes simulating an alternative configuration which would be oriented along approximately 1000 ft of the west side of the property. We expect that configuration may provide slightly higher yields. Work to be Provided • The results will be presented in short technical memoranda. Tasks 1 and 2 will be presented together, and Task 3 in a separate memo. • We can present and discuss results at meetings in Firestone as requested. Limitations This expanded Gould model, like the current model, will be what is referred to as a "change model". This means it starts with a static or "flat" water table condition and simulates only changes to baseline conditions created by the wellfield or other new conditions, rather than explicitly simulating all baseline flow conditions. Using a change model is a sound and well -used approach that reduces unnecessary model complexity. Like the current model, we will also calibrate the expanded model using the extensive field testing conducted on the Gould property in the Summer and Fall of 2018. We have noted this distinction about change models so that you will be aware that some water - resources consultants may express a preference for other groundwater modeling approaches. For shorthand (though not exactly this simple), we'll refer to those as 3D models while ours at this stage General Contract for Goods and/or Services (Short Foim) (Rev. ]an 2018) Page 1 I will be a 2D model. If conditions later merit it, we can consider revising our 2D model into a 3D model. However, we believe the 2D model is the only step necessary at this time. Also, this 2D model would be a useful intermediate step, anyway, if it is ever later revised into a 3D model. We believe this scope includes the tasks necessary to conduct a good and reasonable assessment. However, although we are aware of various concerns expressed by the Pelican Shores HOA, we of course cannot anticipate all questions or issues that they may raise in the future. We will gladly work with the Town, as asked by the Town, to help evaluate the merits of additional questions or concerns. This work, like most groundwater work, necessarily relies on some professional judgment, assumptions, and scenario testing. For example, the Summer 2018 testing produced a reliable estimate of the permeability o£the east side of the lake. Our expanded model will likely assume that estimate is representative of all four sides of the lake. We may conduct model simulations that explore the sensitivity of that assumption, but this scope does not include further field testing regarding that assumption. This scope does not include further field testing. Subsurface data is always limited in its spatial coverage, and subsurface hydraulic testing produces only approximate results. Estimates and projections about groundwater behavior therefore have inherent and unavoidable uncertainties. No one can provide certainty. By using common and accepted methods, this work will provide good and useful guidance for expected site groundwater behavior, but actual results maybe different from projected results. General Contract for Goods and/or services (short Form) (Rev. Jan 2018) Page 12 RESOLUTION 19-67 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND MILLER GROUNDWATER ENGINEERING, LLC FOR GROUNDWATER ENGINEERING SERVICES WHEREAS, the Town of Firestone ("Town") is in need of groundwater engineering, consultation and modeling services and water level monitoring program administrative services; and WHEREAS, Miller Groundwater Engineering, LLC, is duly accredited and has the skill and experience to perform the groundwater engineering and administrative services required by the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and Miller Groundwater Engineering LLC, for groundwater engineering and administrative services is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 24th day of Jam, 2019. s-fONF`� t ATTEST: r4 '� O cOUN'V� G Leah Vanarsdall, Town Clerk P D AS TO FORM: Willia Hayashi, Town Attorney TO OF FIRESTONE, COLORADO r Bqj Sindel r, ayor �S- FIRESTONE C O L O R A D O TOWN OF FIRESTONE AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND MILLER GROUNDWATER ENGINEERING, LLC FOR ENGINEERING SERVICES (General Consultation Services — Groundwater Engineering) THIS AGREEMENT ("Agreement"), is made this day of , 2019, between the Town of Firestone a Colorado statutorymunicipality,hereinafter r fe� to as "FIRESTONE," and , Miller Groundwater Engineering, LLC, as independent contractor, hereinafter referred to as "CONTRACTOR," and provides as follows: ARTICLE I SCOPE OF SERVICES Section 1.1 Services: FIRESTONE retains CONTRACTOR, and CONTRACTOR agrees to provide the goods and to perform and complete the work, personal services and/or furnish the necessary equipment, supplies or materials in accordance with and/or as described in Schedule A, hereinafter referred to as the "Project." Schedule A is hereby incorporated by reference and made a part of this Agreement. To the extent that this Agreement and Schedule A conflict, the provisions of this Agreement shall prevail. Additional goods or services beyond those set out in Schedule A, if requested, shall be provided only when authorized in writing by FIRESTONE. Section 1.2 Contract Time: CONTRACTOR shall commence work upon direction to proceed from FIRESTONE and complete the Project on or before December 31, 2019. Section 1.3 Independent Contractor: CONTRACTOR shall at all times control the means and manner by which CONTRACTOR performs the work, subject to FIRESTONE's right to monitor, evaluate and improve such work. CONTRACTOR shall at all times be and act as an independent contractor and not as an employee of FIRESTONE. General Contract for Goods and/or Services (Short Fonn) (Rev. Jan 2018) Page 1 Section 1.4 Warran!y of Contractor: CONTRACTOR warrants that title to all goods, materials and equipment covered and paid for under this Agreement will pass to FIRESTONE, either by incorporation in the Project or upon the receipt of payment by CONTRACTOR, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances; and that no services, goods, materials or equipment paid for under this Agreement will have been acquired by CONTRACTOR, or by any other person performing services at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such other person. CONTRACTOR warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses required by law. All professional services shall be performed timely in accordance with generally accepted professional practices and the level of competency presently maintained by other professionals providing the same general type of work as set forth in the Scope of Services. ARTICLE II COMPENSATION FOR SERVICES Section 2.1 Compensation: In consideration of completion of the Project specified herein by CONTRACTOR, FIRESTONE shall pay CONTRACTOR (check and initial below as applicable): l A fixed sum of $ ® Based upon a time, materials and expenses basis, pursuant to the rate schedule attached hereto as Schedule A, but in no event shall the total compensation exceed $ 10,000.00. ❑ As described in Schedule A. Section 2.2 Payment: FIRESTONE will make payment due to CONTRACTOR for compensation for completed work within thirty (30) days after invoices submitted by CONTRACTOR, which invoice(s) may not be submitted more frequently than monthly. Invoices shall indicate the basis upon which payment is requested, such as percentage of the Project completed, or actual time, materials and expenses. FIRESTONE shall submit invoice disputes, if any, to CONTRACTOR within thirty (30) days for resolution by mutual consent. Section 2.3 Set Off. In addition to any other rights FIRESTONE has under this Agreement to indemnification or recoupment, CONTRACTOR agrees that FIRESTONE is entitled to set off any amounts it may owe CONTRACTOR under this Agreement against such claims for indemnity or recoupment. Section 2.4 No Multi -Year Fiscal Obligation. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution Article X, Section 20. Notwithstanding any other provision of this Agreement, FIRESTONE's obligations under this Agreement are subject to General Contract for Goods and/or Services (short Form) (Rev. Jan 2018) Page 2 annual appropriation by the Town of FIRESTONE's Board of Trustees. Any failure of the Town Board of Trustees annually to appropriate adequate monies to finance FIRESTONE's obligations under this Agreement shall terminate this Agreement at such time as such then -existing appropriations are to be depleted. Notice shall be given promptly to CONTRACTOR of any failure to appropriate such adequate monies. Section 2.5 Appropriation: If this is a contract for the design or construction, or both the design and construction of a public works project, the FIRESTONE has appropriated funds equal to or in excess of the Contract Price, ARTICLE III ADMINISTRATION OF THIS AGREEMENT Section 3.1 Proiect Performance: In consideration of the compensation provided for in this Agreement, CONTRACTOR agrees to perform or supply the Project, in accordance with generally accepted standards and practices of the industry and warrants that all materials incorporated in the Project be free from defect of material or workmanship and conform strictly to the specifications, drawings or samples specified or furnished. This Section 3.1 shall survive any inspection, delivery, acceptance or payment by FIRESTONE. Section 3.2 Ownership and Use of Documents: (check and initial all that apply) ® (a) The following Sections 3.2(a)(1) and (2) are applicable to design professionals (architects, engineers, etc.): (1) The documents prepared by CONTRACTOR in connection with the Project and copies thereof furnished to other parties are for use solely with respect to the Project. Such documents are not to be used by any other contractor or subcontractor on other projects or for additions to this Project outside the scope of the work without the specific written consent of FIRESTONE and CONTRACTOR. Other contractors and subcontractors are authorized to use and reproduce applicable portions of the documents prepared by CONTRACTOR appropriate to and for use in the execution of their work under this Agreement. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the documents prepared by CONTRACTOR. (2) Notwithstanding the provisions of Section 3.2(a)(1) above, FIRESTONE may utilize any such documents generated in connection with the Project by CONTRACTOR for other projects, provided that CONTRACTOR is not held liable for future project applications other than the Project described pursuant to this Agreement. ❑ (b) The following Sections 3.2(b)(1) through (3) are applicable to nonprofessionals (contractors, suppliers, etc.): (1) Any documents prepared by CONTRACTOR, and copies thereof furnished to other parties are for use solely with respect to this Project. They are not to be used by Genera! Contract for Goods and/or Services (Short Form) (Rev. Jan 2018) Page 3 any other contractor or subcontractor on other projects or for additions to this Project outside the scope of the work without the specific written consent of FIRESTONE and CONTRACTOR. Other contractors and subcontractors are authorized to use and reproduce applicable portions of the documents prepared by the CONTRACTOR appropriate to and for use in the execution of their work under this Agreement. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the documents prepared by CONTRACTOR. (2) CONTRACTOR, and any subcontractor or supplier or other person or organization performing or furnishing any work for the Project under a direct or indirect contract with FIRESTONE (i) shall not have or acquire any title to or ownership rights in any of any documents (or copies of documents) prepared in connection with the Project by a design professional and (ii) shall not reuse any of such documents or copies for extensions of the Project or any other project without written consent of FIRESTONE and the design professional and specific written verification or adaption by the design professional. (3) Notwithstanding the provisions of Sections 3.2(b)(1) and (2) above, FIRESTONE may utilize any documents generated in connection with the Project by a design professional or CONTRACTOR for other projects, provided that such design professional and CONTRACTOR are not held liable for future project applications other than the Project described pursuant to this Agreement. FIRESTONE shall not convey any such documents generated by CONTRACTOR to a third party or use any such documents in a manner adverse to the CONTRACTOR. Section 3.3 Insurance: CONTRACTOR shall, at its own expense, keep in full force and effect during the term of this Agreement and during the term of any extension or amendment of this Agreement, insurance as stated below: (a) Commercial General Liability Insurance with minimum combined single limits of One Million Dollars and No Cents ($1,000,000.00) for each occurrence and Two Million Dollars and No Cents ($2,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall endorse FIRESTONE and its employees and agents as additional insureds. Additionally, the policy shall provide that such insurance is primary coverage with respect to work contemplated under this Agreement by all insureds and additional insureds. (b) If professional services are provided, Professional Liability Insurance with limits of One Million Dollars and No Cents ($1,000,000.00) per claim and Two Million Dollars and No Cents ($2,000,000.00) aggregate. This policy shall remain in force for the period of design and construction and shall include a discovery period of three years, to continence upon substantial completion of the Project. (c) Workers' Compensation Insurance to cover all obligations imposed by applicable laws for all of CONTRACTOR's employees engaged in the performance of work under this General Contract for Goods and/or Services (Short Form) (Roy. Ian 2018) Page 4 Agreement, based on statutory limits prescribed by and in accordance with Colorado law. in the event any services are performed by a subcontractor, CONTRACTOR shall require such subcontractor to provide workers' compensation insurance for its employees. (d) Comprehensive Automotive Liability Insurance for the duration of this Agreement covering all owned, non -owned, and hired vehicles used in connection with the work performed by or on behalf of CONTRACTOR under this Agreement in an amount not less than Five Hundred Thousand Dollars and No Cents ($500,000.00) combined single limitper occurrence for bodily injury and property damage. (e) All of the insurance policies required above shall be written and issued by responsible companies authorized to do business under the laws of the State of Colorado. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of CONTRACTOR. A copy of each such policy or certificate shall be provided to FIRESTONE within five (5) business days of the complete execution of this Agreement and shall be attached to this Agreement. CONTRACTOR shall be responsible for notifying FIRESTONE within five (5) business days of any material modification to, or cancellation of, these policies during the term of this Agreement, including but not limited to, any pending or paid claims against the aggregate amount of the policy, and of any cancellation of coverage for non-payment. Section 3.4 Colorado Governmental Immunity Act. The parties hereto understand and agree that FIRESTONE is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities and protections provided it by the CGIA, C.R.S § 24-10-101 et seq., as from time to time amended, or otherwise available to FIRESTONE, its officers or its employees. Section 3.5 Indemnification: CONTRACTOR shall defend, indemnify and hold harmless FIRESTONE and its officers, officials, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from this Agreement, to the extent that such claim, damage, loss or expense is caused, or alleged to be caused, in whole or in part, by any negligent, reckless or intentional act or omission of CONTRACTOR or anyone directly employed by CONTRACTOR or anyone for whose acts CONTRACTOR may be liable. Section 3.6 Subcontractor: CONTRACTOR shall, as soon as practicable after executing this Agreement, notify FIRESTONE in writing for FIRESTONE's approval, of any subcontractors who may be involved in the Project and the general scope of work to be performed by each subcontractor. FIRESTONE may, in its reasonable discretion, reject any proposed subcontractor, in which case CONTRACTOR shall either perform such component or the work itself, or secure a subcontractor acceptable to FIRESTONE. General Contract for Goods and/or Services (Short Fonn) (Rev. Jan 2018) Page 5 Section 3.7 Termination for Convenience: This Agreement may be terminated by FIRESTONE without cause upon seven (7) days written notice to the CONTRACTOR. In the event of termination, FIRESTONE will pay CONTRACTOR for all services satisfactorily performed and for goods provided to date of termination. Ifpayment is otherwise due in a fixed sum, FIRESTONE will pay CONTRACTOR for the pro rata value of the completed portion of the Project. If, however, CONTRACTOR has substantially or materially breached the standards or terms of this Agreement, FIRESTONE shall have any remedy or right to set off available at law and equity. Section 3.8 Binding Effect/Non-Assi abilit : FIRESTONE and CONTRACTOR each binds itself, its successors and assigns to the other party to this Agreement with respect to all rights and obligations under this Agreement. Neither FIRESTONE nor CONTRACTOR shall assign or transfer its interest in, or obligations under, this Agreement without the written consent of the other. Section 3.9 Compliance with Law: Contractor agrees to perform the work in compliance with all applicable federal, state, county and city laws, ordinances, rules and regulations, including without limitation, the preference for Colorado labor as set forth in Article 17 of Title 8 C.R.S. Section 3.10 Immigration Status Obligations: a) CONTRACTOR certifies, through signature of its authorized representative executing this Agreement, that it does not knowingly employ or contract with an illegal alien who will perform work under the public contract for services and that the CONTRACTOR will participate in the United States Government's E-Verify Program or the State of Colorado Department of Labor and Employment Program {"Department Program") in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services, b) CONTRACTOR shall not: 1) Knowingly employ or contract with an illegal alien to perform work under this Agreement; or 2) Enter into a contract with a subcontractor that fails to certify to the CONTRACTOR that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. c) CONTRACTOR shall affirm as required by C.R.S. § 8-17.5-102 (c) (II) the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the E-Verify Program or the Department Program. d) CONTRACTOR is prohibited from using the E-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while the public contract for services is being performed. General Contract for Goods and/or services (short Form) (Rev. Jan 2018) Page 6 e) If CONTRACTOR obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, CONTRACTOR shall be required to: 1) Notify the subcontractor and FIRESTONE within three days that the CONTRACTOR has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2) Terminate the subcontract with the subcontractor if within three days ofreceiving the notice required pursuant to sub -subparagraph (B)(2) the subcontractor does not stop employing or contracting with the illegal alien; except that the CONTRACTOR shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 0 CONTRACTOR shall comply with all rules and regulations and any reasonable request by the State Department of Labor and Employment made in the course of the Department's performance of its lawful duties pursuant to C.R.S. 8-17.5-101 et seq., as amended from time to time. g) If CONTRACTOR violates any of the provisions set forth in this section, FIRESTONE may terminate the Agreement and CONTRACTOR shall be liable for all actual and consequential damages incurred by FIRESTONE. Section 3.10 Notice and Communications: Any notice to the parties required under this Agreement shall be in writing, delivered to the person designated below for the parties at the indicated address unless otherwise designated in writing. Only mailing by United States mail or hand delivery shall be utilized. Facsimile and e-mail addresses are provided for convenience only. FIRESTONE: Town of Firestone 151 Grant Avenue. Firestone, CO 80520 Attn: Julie Pasillas Telephone; 303.531.6258 Facsimile: E-mail: ipasilla Afirestoneco.aov CONTRACTOR: Miller Groundwater Engineering,Eggineering, LLC 324 Remin on St. Suite 110 Fort. Collins, CO 80524 Attn: Calvin Miller, PE Telephone: 970.492.5710 Facsimile: E-Mail: caivin(@millergroundwater.com General Contract for Goods and/or Services (Short Form) (Rev. )an 2018) Page 7 ARTICLE IV RESPONSIBILITIES OF FIRESTONE Section 4.1 Project Materials/ConfidentialitX: FIRESTONE shall provide CONTRACTOR with data, information, reports and other such documentation as maybe reasonably available to FIRESTONE, and reasonably required by CONTRACTOR to perform services under this Agreement. No information shall, unless as required by law, be disclosed by CONTRACTOR to third parties without prior written consent of FIRESTONE. All documents provided by FIRESTONE to CONTRACTOR shall be returned to FIRESTONE. CONTRACTOR is authorized by FIRESTONE to retain copies of such data and materials at CONTRACTOR'S EXPENSE. Section 4.2 Access to Property and Records: FIRESTONE shall provide CONTRACTOR with access to its property as required and necessary to complete the Agreement. To the extent required by law, FIRESTONE and CONTRACTOR agree to make this Agreement and any related records available for public disclosure pursuant to any open records law, including, without limitation, the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. CONTRACTOR agrees to hold FIRESTONE harmless from the disclosure of any records that FIRESTONE reasonably believes it is legally required to disclose. Section 4.3 FIRESTONE's Representative: FIRESTONE shall designate, in writing, a representative who shall have authority to act for FIRESTONE with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define FIRESTONE's policies and decisions with respect to materials, equipment, elements and systems pertinent to CONTRACTOR's services. Section 4.4 Verbal Agreement or Conversation: No verbal agreement or conversation with any officer, agent or employee of FIRESTONE, either before, during or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle CONTRACTOR to any additional payment whatsoever under the terms of this Agreement. ARTICLE V MISCELLANEOUS Section 5.1 Colorado Law: This Agreement is to be governed by the laws of the State of Colorado. Venue for any litigation shall be in 'Feld County. Section 5.2 Amendments; Change _Orders: This Agreement may only be amended, supplemented or modified in a written document signed by both parties (a "Change Order"). Section 5.3 Counterparts. This Agreement may be executed in two or more counterparts, using manual or facsimile signature, each of which shall �e deemed an original and all of which together shall constitute one and the same document. Section 5.4. Severability: If any term, covenant, or condition of this Agreement is deemed by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of General Contract for Goods and/or Services (Short Fonn) (Rev. Jan 2018) Page 8 this Agreement shall be binding upon the parties. Section 5.5. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all other prior and contemporaneous agreements, representations, and understandings of the parties regarding the subject matter of this Agreement. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by the parties. No representations or warranties whatever are made by any party to this Agreement except as specifically set forth in this Agreement or in any instrument delivered pursuant to this Agreement. Section 5.6. Default/Attorne 's Fees: in the event of default of any of the provisions herein, the defaulting party shall be liable to the non -defaulting party for all reasonable attorney fees, legal expenses and costs incurred as a result of the default. Section 5.7. No Waiver: Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by FIRESTONE shall not constitute a waiver of any of the other terms or obligations of this Agreement. General Contract For Goods and/ar Services (Short Donn) (Rev. Jan 2018) Page 9 IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement the day first written above. I' wN o SEA O''••• Y ..• 0 ATTEST: Leah Vanarsdall, Town Clerk APPROW AS TO FORM: 0"j William 1V ayashi, Town Attorney TOWN OF FIRESTONE r ..' Title: blawc CONTRACTOR � r By: Name:__l —mil �/►�YL �'`(.�I� Title:w'►'i�� Pce5(a•� Date: General Contract for Goods and/or Services (Short Form) (Rev. Jan 201 B) Pop 10 SCHEDULE A (Attached to and made a part of the Agreement between the Town of Firestone and Miller Groundwater Engineering, LLC ) Location The Town of Firestone, and it's immediate proximity. Tasks 1. Miscellaneous Groundwater Consultation. When directed to, CONTRACTOR shall participate in meetings, conduct research, conduct site investigations, and shall make recommendations to FIRESTONE related to alluvial source water for irrigation or treatment. CONTRACTORS efforts shall be collaborative with FIRESTONE staff and other consultants and reliance on CONTRACTORS work shall only be for those areas of CONTRACTORS expertise. 2. Miscellaneous Groundwater Modeling, When directed to, CONTRACTOR, shall prepare models or run scenarios of existing models for evaluation of operation limitations or options. Prior to commencement of this work the CONTRACTOR shall provide FIRESTONE with an estimate of the time and cost to perform such work. 3. Water Level Monitoring: Pro am Administration. FIRESTONE has several water level monitoring and recording devices located in wells, in reservoirs, and on the St. Wain River. CONTRACTOR shall collect and report this data periodically as appropriate and maintain a record of the information and shall provide FIRESTONE with any assessments that are pertinent to ongoing or planned alluvial operations. CONTRACTOR shall assist FIRESTONE with installation of any new monitoring/recording devices and shall assist FIRESTONE with maintenance or replacement of existing devices. General Contract for Goods and/or Services (Short Form) (Rev. Jan 2018) Page 11 RESOLUTION 19-66 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND IMAGINE CHARTER SCHOOL AT FIRESTONE FOR A JOINT SCHOOL RESOURCE OFFICER PROGRAM WHEREAS, the Town and the community are significantly impacted by the demands placed upon them to address incidents and situations directly or indirectly related to juveniles and schools; and WHEREAS, the problems of delinquency, alcohol and substance abuse, gang involvement and other youth related problems which negatively affect the community and the schools can best be addressed in a proactive and preventive manner; and WHEREAS, the Town of Firestone and Imagine Charter School at Firestone have jointly developed a school resource officer program to establish a positive relationship between students and law enforcement and to prevent delinquency, alcohol and substance abuse, and other issues affecting the community's youth; and WHEREAS, such programs are recognized as being effective in the development of a positive relationship between law enforcement and youth and in the prevention of delinquency and other youth issues. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Intergovernmental Agreement between the Town of Firestone and Imagine Charter School at Firestone, for a School Resource Officer Program, is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Intergovernmental Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 24th day of July, 2019. �STO1 kf�'ZQW # ¢ r `• 0 ATTEST: 0OUNT`I,.CO Leah Vanarsdall, Town Clerk P O D AS TO FORM: Willi Hayashi, Town Attorney TOWN OF FIRESTONE, COLORADO I& -'I�m "I - r Sind ayor INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND IMAGINE CHARTER SCHOOL AT FIRESTONE FOR A JOINT SCHOOL RESOURCE OFFICER PROGRAM THIS INTERGOVERNMENTAL AGREEMENT (Agreement) is made by and between the TOWN OF FIRESTONE (Town) and IMAGINE CHARTER SCHOOL AT FIRESTONE (School). WHEREAS, the Town of Firestone, the School, and the community are significantly impacted by the demands placed upon them to address incidents and situations directly or indirectly related to juveniles and the schools; and WHEREAS, the problems of delinquency, alcohol and substance abuse, gang involvement, and other youth related problems which negatively affect the community and the schools can best be addressed in a proactive and preventive manner; and WHEREAS, the Town of Firestone and the School have jointly developed a school resource officer program to provide a school -based approach to the development of a positive relationship between students and the police and the prevention of delinquency, alcohol and substance abuse, and gang involvement by our community's young people; and WHEREAS, such programs are recognized as being effective in the development of a positive relationship between law enforcement, faculty, and young people and in the prevention of delinquency; NOW, THEREFORE, FOR AND IN CONSIDERATION of the covenants and agreements below appearing, the parties agree as follows: I. SCOPE OF SERVICES A. The School Resource Officer shall be assigned to work with the administration, faculty, and students of Imagine Charter School at Firestone, and may perform functions including, but not limited to, the following: 1. Assist in the prevention and control of crime, delinquency, truancy, and disorder on the campuses and in the immediate area of the schools if students are involved. 2. Conduct or assist in the investigation of offenses on campus. 3. Provide presentations and available educational resources in the following areas: alcohol and substance abuse, law -related education, criminal justice system orientation, delinquency prevention, gang involvement and awareness, and community responsibility, for students, parents, and other groups associated with the schools. 4. As requested by Schools' staff, provide instructional resources for classroom presentations, as time permits. 5. Enforce state statutes and municipal codes as appropriate. b. Appear in court and assist in prosecution and other judicial processes as appropriate. 7. Assist in the coordination of efforts of other enforcement agencies on the campuses. 8. Provide visible presence on the campuses. 9. Assist campus monitors with appropriate monitoring and enforcement in the parking lots and other grounds of the schools. 10. Attend school -related functions during normal classroom hours. Officer may be asked to adjust his/her hours from time to time to attend social events such as school dances and sporting events, etc. This type of adjustment is generally reserved for the Middle School. This will not replace security and off -duty work already in place. 11. Contribute to the positive police -school -community relation efforts, especially as these efforts relate to students and parents. 12. Provide a monthly report of activities to the School Security Director. H. PROGRAM ADMINISTRATION A. Employment. The School Resource Officer shall be a regular employee and certified police officer of the Town of Firestone. The Officer will be subject to the ordinances, policies, procedures, rules, regulations, directives, and orders of the Town of Firestone. The Officer also will comply with the policies and regulations of the School, to the extent that such policies and regulations are not in conflict with those of the Town of Firestone; are not in conflict with other terms contained herein or with direction of the Town of Firestone; and are not in conflict with federal, state or Town laws. B. Salary and Benefits. The School Resource Officer will receive salary and employee benefits and normally issued equipment and supplies from and as determined by the Town of Firestone. The School Resource Officer Program is funded by the Town of Firestone and the School District. The School agrees to pay $37,248.37 to the Town, which such amount is equal to one-half of the School Resource Officer's annual salary prorated for a nine (9) month school period and which such amount is payable not more than 30 days after this Agreement has been executed. C. Schedule. The School Resource Officer will work a schedule that is established pursuant to and consistent with Town of Firestone policies and procedures, and subject to the Fair Labor Standards Act. Except as otherwise provided in this Agreement, during times when the Schools are in session, the School Resource Officer will devote such Officer's full shift to the School calendar day, except for required duties such as court appearances. During the Schools' summer vacation, spring break, holiday breaks, and on other days when the Schools are not in session, and the Officer is not involved in assigned School - related activities, the School Resource Officer will be assigned to duties in the Police. 2 Department. In the event of an emergency, as determined by the Town of Firestone, the School Resource Officer may be required to perform general law enforcement duties. The School Resource Officer shall attend in-service training conducted by the Town of Firestone scheduled throughout the year. D. Supervision. The School Resource Officer is subject to the Town of Firestone's chain of command and the supervision of the assigned Town of Firestone supervisors. Day-to-day supervision will be assigned to Town of Firestone supervisors. The assigned Town of Firestone supervisor will be responsible for maintaining contact with the principals, School administration, and their management staffs. The School Resource Officer will work closely with school administrators and faculty to determine the most effective use of the Officer's time and expertise, but shall not be subject to the supervision or direction by the School, its officers, agents, or employees. E. Performance Appraisal. The School Resource Officer's performance will be evaluated consistent with the Town of Firestone policy and procedures by the assigned supervisor. The supervisor will accept input from the Schools' principals or their designees, but the Town's supervisors) alone shall be responsible for appraisals per the Town's policy and procedures. F. Vehicle; Facilities. As necessary to the duties of the position, and subject to availability, the School Resource Officer will be provided on -duty use of a Town of Firestone vehicle. The School shall provide the Officer with access to office facilities at the School appropriate to the conduct of their on -site duties. G. Liab!lLq Coverage, The Town of Firestone and the School shall exchange evidence of insurance showing general liability coverage for the School and general liability and law enforcement liability coverages for the Town of Firestone in the minimum amounts of the per occurrence and aggregate liability limits of the Colorado Governmental Immunity Act, for protection from claims for bodily injury, death, property damage, or personal injury which may arise through the performance of this Agreement. Such evidence shall be approved by each recipient, through, respectively, the Town of Firestone's Town Administrator and School Principal, prior to the commencement of this Agreement. H. Termination. This Agreement may be terminated without cause by either the Town of Firestone or the School upon 30 days' written notice. Upon termination, any funds provided by the School shall be prorated and returned to the School. Notice shall be given to the Town of Firestone Police Chief or the School Principal as appropriate. L Entire A reement. This Intergovernmental Agreement contains the entire agreement of the parties. Amendments of this Intergovernmental Agreement may be made only in writing and signed by all parties hereto. J. Relationship of the Parties. It is mutually agreed and understood that nothing contained in this Intergovernmental Agreement is intended or shall be construed as in any way establishing the relationship of co-partners or a joint venture between the Town of Firestone and the School, or as construing the School, including its officers, agents, volunteers and employees, as an agent of the Town of Firestone, or as construing the Town, including its officers, agents, volunteers and employees, as an agent of the School. 3 The School shall not represent that the School Resource Officer is an employee or agent of the School in any capacity. The School Resource Officer shall not represent that he/she is an employee or agent of School in any capacity. The School Resource Officer shall remain solely an employee of the Town of Firestone. K. Third Party Beneficiaries. None of the terms or conditions in this Intergovernmental Agreement gives or allows any claim, benefit, or right of action by any third person not a party hereto. Any person other than the Town of Firestone or School receiving services or benefits under this Contract is only an incidental beneficiary. Nothing in this Intergovernmental Agreement shall be construed as or deemed to constitute a waiver by either party of any immunity, liability limits or other liability protections granted to the Town of Firestone or the School, or their officers, employees or volunteers, under the Colorado Governmental Immunity Act, any other state or federal law, or common law. III. TERM OF CONTRACT The terms of this Agreement shall be effective August 12019 and shall continue through May 31 2020 unless sooner terminated as provided herein. PRESERVATION OF IMMUNITY. Nothing in this Agreement shall be construed: (i) as a waiver by either party of immunity provided by common law or by statute, specifically including the Colorado Governmental Immunity Act, Section 24-10-101, et seg., C.R.S., as it may be amended from time to time; (ii) as creating an assumption of any duty or obligation with respect to any third party where no such duty previously existed; or (iii) as creating any rights enforceable by such third parties. EXECUTED THIS DAY OF , 2019 TOWN OF FIRESTONE Imagine Charter School at Firestone Town Cleric Town of Firestone By: Jessica Ceivantes Principal :1 Design Concepts IShanen Weber Principal $1 60 00 Carter Marshall Project Manager $110.00 Public Research Groups JTod Stanton - Senior Partner + Project Manager $160.00 Kim Vail Survey Specialist + Public Input Facilitator $145.00 JCatt Eicher GIS Specialist �p = r$95 00 Rqdu�'IomburSu-wa-bl(E�& Expenslu ifem `Cos y • I Design Concepts Posta e Shipping + Couriers u- µ at cost - Prints, Reproductions + Scanning at cost # D� ire t Expenses _ ;. at cost Public Research Groups Reproducible Materials at cost Mileage (outside of Denver Metro area) at federal rate FIRr STgNE } Parks�Dpen Spaee:+Trai]s Mast0P1an� sFft li'Ol']l'J�'� r Fee .gw a� G Task 1: Project Start-up Project Kick off Meeting . �13$1',610 00 Work Plan Development 10 u$1,240.00 ! f" „per J ae....�yK,9y "Ai' PTFiAB/Board of Trustee [ntr , uction Meeting y ;� n -., .9 ' . ,_ $1,110.D0 _ _ _ A_.— A . ..; _____.._ 1 Phase 1 Subtotal 32 $3,960.00 Task 2: Evaluation + Assessment Planning Policy Review;_ `. £ ".. �_.� }�... �+ .�. _ :s _ .... Demographic Trends 19 $2,080.00 -. ,_ ��r w7�r?� •i,'^"=+,y- "rtTa+!' "F"u ]riventory +Analysis (�nc[udes Alfernative Providers)* f ;mot 166*,r t $T8,300.00* _ A t _ Classification 18 $2,130.00 _ _ B'enciirrlaficing,. :�_...a ._. _�-. �_'_ -34 X� _ �$3;560OOi+w .- Needs Assessment* 159* $18,420.00* Statistical)FValiei Survey * 104*� Organizational Assessment 28 $3,570.00 udgeev t Delopmen7_7t' ' :, _w32 :� t $4,Oi_D:Qfl . _ _ - �. Visioning Meeting 40 $4,680.00 Phase 2 Subtotal l I ' 76 '-_ $71,930 D`0 " Task 3: Recommendations + Implementation Goals_ Policies48r3 $5,920.00 K Action Plan 38 $4,850.00 Inifi Daft Master- Plan '2 '___- _-.. _ ._ 6� -� P �$7 590.00 j Final Draft Master Plan 64 $7,460.00 . r—r[y— 'Final IVlaster Plan: _ m _.__ '�,�" ,..t. _� _ _ u_7_56 Project Completion jY13 $1,490.00 ;'°5,-+R+^.rwTask3 9rli •..�., - .,;'vi„4 .+r3"�rw+�fx°. nrs' '` t ',,,+,r ,r., ., a4 a ,x, .®....�� -rtu to -a $33;570A0�A Reimbursable Expenses 7-"..-.. t.�...,.,�',.�.�-.:$500 Printing $500.00 -.,..—';tea^ , . ,�.� tr, � � ,� .�e�.,,,�•�,.,r� •y�..,.,��—�.--�--"— ,;rs Scarininq/Plotting/Mouriting k Y ��Y, _ __a.__:._ _."'�.i�R '_ $50_0.00 _ Travel/Lodging _ �$7,000.00 nkv:w ..,.r'•,. w�f.--1r-.r• .+.��re+.� - .cx��ar.....��-,5�,.�::'!r T""�".'u"'-+�..w.-a w� : c,,.�Relmbursable Expenses Subtotal: ,$8;500.00._ a PR Ed litel�sowool,: *Indicates revision from Design Concepts proposal Additional Value -Added Tasks Asset Management Data 1 205 1 $21,600.00 FIRESTONE J Parks,.Open Space 4 Trails Master Plan 1:'. ,. RESOLUTION 19-65 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND BISHOP LAYTON INC DBA DESIGN CONCEPTS FOR THE PREPARATION OF A PARKS, OPEN SPACE AND TRAILS MASTER PLAN WHEREAS, on May 20, 2019, the Town sent out on Requests for Proposal ("RFP") for Consulting Services to prepare a Parks, Open Space and Trails Master Plan for the Town of Firestone; and WHEREAS, staff evaluated all submittals and selected finalists who on July 10, 2019 made presentations and were interviewed by the Board of Trustees and members of the Parks, Trails and Recreation Board; and WHEREAS, after the presentations the Board of Trustees selected Design Concepts based upon their qualifications and experience to prepare a Parks, Open Space and Trails Master Plan for the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement for preparation of a Parks, Open Space and Trails Master Plan for the Town of Firestone between the Town of Firestone and Bishop Layton Inc dba Design Concepts is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 24th day of July, 2019. Tt7W9 10 �f= s) o lu ATTEST: T"C Leah Vanarsdall, Town Clerk PR ED AS TO FORM: William P. Tayashi, Town Attorney T94N OF F STONE, COLORADO r i Sindela., Mayor Pruieel: 2019 POST Master Pkm Canlraclor: Bishop Layton fnc On Design Concept Total Cost: S f 17, 960 00 Tanw 07-25-2019 to 05-01-2020 Acel or P O 9 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement"), made this this 241h day of July, 2019, between the Town of Firestone, a Colorado municipal corporation, whose address is 151 Grant Avenue, Firestone, CO 80520, hereinafter referred to as "FIRESTONE," and Bishop Layton Inc dba Design Concepts, an independent contractor, whose address is 211 North Public Road Suite 200, Lafayette, CO 80026 hereinafter referred to as"CONTRACTOR," provides as follows: ARTICLE I SCOPE OF SERVICES, Section 1.1 Services: FIRESTONE retains CONTRACTOR, and CONTRACTOR agrees to provide the services and tasks ("Professional Services") and provide the Deliverables as specified ordescribed in Schedule (A\ (collectively, the "Project"), and in accordance with anyother terms of this Agreement. Schedule A is hereby incorporated by reference and made a part of this Agreement. To the extent that this Agreement and Schedule A conflict, the provisions of this Agreement shall prevail. Section 1.2 Pi-L)ieGt Change Rectucsts. FIRESTONE may requestchanges in scope from the original Professional Services or Deliverables set forth in Schedule A by delivering to CONTRACTOR a written Project Change Request ("PCR") specifying the requested changes. Promply after delivery of a PCR, CONTRACTOR shall prepare and deliver to FIRESTONE a proposed amendment to Schedule A that, in accordance with the PCR: (a) assesses the impact of the PCR on the scope and timing of Professional Services and Deliverables to be provided under the Project; (b) describes any additional Services and Deliverables to be provided; (c) sets forth cost estimates, specifications, implementation plans and time schedules with milestone and completion dates; (d) contains completion and acceptance criteria; and (e) sets forth any other necessary information. A PCR shall not be effective unless authorized as an amendment to this Agreement and executed by both Parties. If CONTRACTOR proceeds without such authorization, CONTRACTOR shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of FIRESTONE is authorized to modify any te17n of this Agreement, either directly or implied by a course of action. Section 1.3 Contract Time: CONTRACTOR shall commence work upon direction to proceed from FIRESTONE and complete the Project on or before May 1, 2020 ('`Contract Time"), The Contract Time stated or referred to in this section is of the essence. ARTICLE II FIRESTONE OBLIGATIONS Town of Firestone, 151 Grant Avenue, Firestone, CO 80520; Phone: 303-833-3291 P a e I t Geuaal Conlracl LONG FORM (Goods mnl/or Sen'ices S50,004 or Marc) Fomn Approved by Town Auonsey Mny 2019 Section 2.1 Dependency. Information. FIRESTONE shall provide CONTRACTOR with data, GIS data, information, reports and such other documentation ("Dependency Information") as may be available to FIRESTONE, and reasonably required by CONTRACTOR to perform the Professional Services and/or complete the Deliverables set Forth in Schedule A. Section 2.2 Consent to Use GIS Data. FIRESTONE grants to CONTRACTOR the non- exclusive, nontransferable right to copy, store, record, transmit, display, view, print or otherwise use GIS Data solely to the extent necessary to perform the Professional Services and to complete the Deliverables under this Agreement. The GIS Data may only be used by CONTRACTOR's employees for the purposes of performing the Professional Services and/or completing the Deliverables set forth in Schedule A. Section 2.3 Restrictions on Use of GIS Data. The GIS Data contains proprietary information belonging exclusively to FIRESTONE, which claims copyright and trade secret protection in the Data and in each constituent element of information provided. Except as expressly permitted by this Agreement, in particular Section 2.2, CONTRACTOR will not, and will not allow any third party to: (i) copy, modify, adapt, alter, translate, or create derivative works of the GIS Data; (ii) distribute, sell, resell, lend, loan, lease, license, operate as a service bureau, managed service, sublicense or transfer the GIS Data; (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the GIS Data (except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation); (iv) use the GIS Data to knowingly violate any privacy or other rights of any third party; or (v) remove, alter or obscure any proprietary notices of FIRESTONE, its licensors or suppliers included in the GIS Data. Section 2.4 DISCLAIMER OF WARRANTIES. ALL DEPENDENCY INFORMATION, INCLUDING GIS DATA, IS PROVIDED "AS -IS" AND FIRESTONE HEREBY MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, AND FIRESTONE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, INTEGRATION, TITLE AND FITNESS OF THE DEPENDENCY INFORMATION FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FIRESTONE MAKES NO WARRANTY OF ANY KIND THAT THE GIS DATA WILL BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR OTHER SYSTEM, Section 2.5 Access to Property and Records. FIRESTONE shall provide CONTRACTOR with access to its property as required and necessary to perform the Professional Services and/or complete the Deliverables set forth in Schedule A. To the extent required by law, FIRESTONE and CONTRACTOR agree to make this Agreement and any related records available for public disclosure pursuant to any open records law, including, without limitation, the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et .seq. CONTRACTOR agrees to hold FIRESTONE harmless from the disclosure of any records that FIRESTONE reasonably believes it is legally required to disclose. ARTICLE III MUTUAL OBLIGATIONS Town of Firestone, IS I Grant Avenue, Firestone, CO 80520; Phone: 303-833-3291 F a g e 12 Gamin Contract — LONO FORM (Clouds andlor Set vices S50.000 m kk%e1 Form npprot•ed by Town Attorevy Nlay 2019 Section 3,1 Delays. A Party shall immediately notify the other Party in writing as soon as it becomes aware of any developments that may delay the completion of the Project or a particular Deliverable. In the event that any such delays are in breach of either Party's obligations under Sections 11 and 1V, (A) the non -breaching Party shall have the right to terminate this Agreement pursuant to the terms of Section VII (Termination for Cause), or (B) the non -breaching Party shall have the right modify the Scope of Services through a PCR. Section 3.2 No Damages for Delay. CONTRACTOR shall not be entitled to any increase in the rate charged for Professional Services or Deliverables, or to damages, or to additional compensation as a consequence of any such delays. ARTICLE IV REPRESENTATION AND WARRANTY Section 4.1 Mutual Representations and Warranties. Each party represents and warrants to the other party that: (i) it is duly organized, valid [y existing and in good standing as a corporation or other entity tinder the laws of the jurisdiction of its incorporation or other organization; (ii) it has the full right, power and authority to enter into and perform its obligations and grant the rights, consents and authorizations it grants ar is required to grant under this Agreement; (iii) the execution of this Agreement by its representative whose signature is set forth at the end of this Agreement has been duly authorized by all necessary corporate or organizational action of such party; and (iv) when executed and delivered by both parties, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms. Section 4.2 Contractor Representations, Warranties and Covenants. A. Com :)Hancc with law. The services to be performed by CONTRACTOR hereunder shall be done in compliance with all applicable federal, state, county and local laws, ordinances, rules and regulations, and shall not engage in any activity related to GIS Data or Dependency Information that would place FIRESTONE in violation of any applicable law, regulations, government request, or judicial process. B. Warranties. CONTRACTOR warrants and acknowledges as follows: (i) CONTRACTOR will perform Professional Services using commercially reasonable best efforts of a professional quality conforming to generally accepted industry standards and practices; (ii) CONTRACTOR will not violate any third pat-Ly's intellectual property rights; (iii) CONTRACTOR has obtained, or will obtain, prior to performance of the Professional Services or development of the Deliverables, all third party consents, approvals, authorizations, licenses and permissions (collectively, the "Required Consents") necessary to perform the Professional Services and/or develop the Deliverables under this Agreement; (iv) shall not access, process or otherwise use GIS Data other than as necessary to faciiitiate the Professional Services; (v) shall not give any third party party access to GIS Data, including without limitation CONTRACTOR's other customers or clients; (v) shall exercise commercially reasonably efforts to prevent unauthorized exposure or disclosure of GIS Data, and shall implement administrative, technical "town of Firestone, 151 Grant Avenue, Firestone, CO 80520; Phone: 303-833-3291 1' a !? e 13 General Co micl - LONG FORM (Gaads nndlar Sarvices S50.000 nr Mom) Form Apprm ed hy'row,t Attorney May 2019 and physical safeguards for managing unauthorized disclosure or exposure of GIS Data stored by CONTRACTOR. C. In the event that CONTRACTOR has on -site or remote access to FIRESTONE systems or networks in connection with the Professional Services hereunder, CONTRACTOR will comply with FIRESTONE's security requirements. D, Because FIRESTONE has retained CONTRACTOR for its professional expertise, CONTRACTOR agrees not to employ any subcontractors to perform any Professional Services or Deliverables, unless expressly authorized in writing by FIRESTONE. ARTICLE V PRICE AND PAYMENT Section 5.1 Contract Price: in consideration for the completion of the Project by CONTRACTOR in accordance with the terms of this Agreement, FIRESTONE shall pay CONTRACTOR as described in Schedule A, but in no event shall the total compensation to CONTRACTOR tinder this Agreement exceed $117,960A0. This amount shall include all fees, costs and expenses incurred by CONTRACTOR, and no additional amounts shall be paid by FIRESTONE for such fees, costs and expenses, No change to the Contract Price for the term of this agreement, including any additional compensation, or change in or adjustment to a rate, shall be effective or paid unless authorized by written amendment executed by FIRESTONE. Section 5.2 Paymenk: FtRES'fONE will make payment due to CONTRACTOR for compensation for completed work in the manner and at such times and amounts as set forth in Schedule A. CONTRACTOR shall submit monthly invoices to FIRESTONE which shall be due and payable thirty (30) days after receipt. Invoices far completed work may not be submitted more frequently than monthly, Section 5.3 Contents of Invoices. Invoices shall include the basis upon which payment is requested, such as actual time, number of hours worked, materials and expenses, along with a general description of the actual Professional Services performed, the start and completion dates of any such services performed, and who performed such services. CONTRACTOR shall provide appropriate supporting documentation with each invoice. Section 5.4 Invoice Disputes. If there exists a good Faith dispute with regard to an item appearing on an invoice, FIRESTONE has the right to withhold payment on any amounts that are disputed while the Parties attempt to resolve the dispute, provided that FIRESTONE provides CONTRACTOR with notice of such dispute within thirty (30) days after receipt of the invoice and pays all undisputed amounts by the due date. FIRESTONE's withholding of such disputed amount shall not constitute a breach of this Agreement, nor shall it be grounds for CONTRACTOR to suspend or terminate its performance of undisputed Professional Services, Section 5.5 FIRESTONE's Right to Withhold: Notwithstanding any other provision of this Agreement and without prejudice to any of FIRESTONE's rights or rcmedies, FIRESTONE shall have the right at any time or times, whether before or after approval of any pay request, to Town of Firestone, 151 Grnnt Avenue, Firestone, CO 80520; Phone. 303-833-3291 I' << , e 14 Uww"I ('onlyact - LU\'U FOR\I ((;oods androt Scr%ices 550.000 nr .'f oic} Fonn Apptaccd by Town Altorney May 2019 deduct and withhold from any payment that may be due under this Agreement such amount as may reasonably appear necessary to compensate FIRESTONE for any actual or prospective loss due to: (a) work that is defective, damaged, flawed, unsuitable, nonconforming or incomplete; (b) damage fbr• which CONTRACTOR is liable under this Agreement; (c) liens or claims of liens regardless of merit; (d) claims of subcontractors, suppliers or other• person regardless of merit; (e) delay in the progress or completion of the Project; (0 inability of CONTRACTOR to complete the Project; (g) reasonable doubt that the unpaid balance available tinder the Agreement is adequate to cover actual or liquidated damages, if any; (h) failure of CONTRACTOR properly to complete or document any pay request; (i) any other failure of CONTRACTOR to perform any of its obligations under this Agreement; or 0) the cost to FIRESTONE, including attorneys' fees and administrative expenses, for correcting any of the aforesaid matters or exercising any one or more of FIRESTONE's remedies. Section 5.6 No. Multi -Year Fiscal Obligation, Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution Article X, Section 20. Notwithstanding any other provision of this Agreement, FIRESTONE's obligations under this Agreement are subject to annual appropriation by the Board of Trustees of the Town of FIRESTONE. Any failure of a Board annually to appropriate adequate monies to finance FIRESTONE's obligations under this Agreement shall terminate this Agreement at such time as such then -existing appropriations are to be depleted. Notice shall be given promptly to CONTRACTOR of any failure to appropriate such adequate monies• Section 5,7 ,AppropriaLion: If this is a contract for the design or construction, or both the design and construction, of a public works project, FIRESTONE has appropriated funds equal to or in excess of the Contract Price. ARTICLE VI TERM AND TERMINATION Section 6.1 Term. The term of this Agreement shall commence on the 25th day of July, 2019 ("Commencement Date"), and shall expire, unless earlier terminated as set forth in this Town of firestone, 151 Grant Avenue, firestone, CO 80520; Phone: 303-833-3291 1' al�o e 15 Ganeraf Contract — LONG FOR&I {Goods andlor Ses vices S50,000 or More) Form Apprm ed by Town Allonicy ,NI ay 21111? Article VI, upon the earlier of (a) CONTRACTOR'S completion of the Project; or (b) one (1) year from the Commencement Date ("Term"). The Term may be extended by mutual written agreement of the Parties. Section 6.2 Termination for Convt:nience, This Agreement may be terminated by FIRESTONE without cause upon seven (7) days written notice to CONTRACTOR, Section 63 Termination for Cause. In the event of a breach by CONTRACTOR of the terms and conditions of this Agreement, FIRESTONE may give notice to CONTRACTOR stating such breach has occurred and giving CONTRACTOR fourteen (ld) days to cure such breach. If the breach is not cured within the stated timeframe, to FIRESTONE's reasonable satisfaction, FIRESTONE may terminate this Agreement. Section 6A Effect of Tenmination. In the event of termination, CONTRACTOR shall immediately discontinue performance, and deliver to FIRESTONE all Work Product (as defined herein). Without prejudice to any other rights or remedies it may have hereunder or at law or in equity, FIRESTONE may itself or through another service provider take over any unfinished Professional Services and Deliverables covered by this Agreement by whatever reasonable method it may deern expedient. In addition, at FIRESTONE'S request, CONTRACTOR shall timely: (a) document in reasonable detail the status of the terminated Professional Services, the Work Product delivered, and the Deliverables specified in Schedule A; and (b) deliver to FIRESTONE copies of all documents and data reasonably required for the completion of any unfinished Professional Services and Deliverables. Any Stich termination by FIRESTONE shall be without penalty or payment obligation, other than undisputed outstanding payment obligations relating to Professional Services performed or Deliverables provided by CONTRACTOR as of the date of termination. If payment is otherwise due in a fixed sum, FIRESTONE will pay CONTRACTOR for the pro rate value of the completed portion of the Professional Services. If, however, CONTRACTOR has substantially or )materially breached the standards or terms ofthis Agreement, FIRESTONE shall have any remedy or right to set off available at law and equity. ARTICLE VII OWNERSHIP Section 7.1 Client Materials. All right, title and interest in and to any materials provided by FIRESTONE to CONTRACTOR, including without lira itation, Dependency Information, other materials of any kind and nature, and any trademarks, service marks, trade logos or other pre- existing Intellectual Property Rights ("Client Materials") are and shall remain the sole property of FIRESTONE. No Client Materials shall be removed from FIRESTONE's' premises or computer systems without FIRESTONE's prior written consent. All Client Materials shall be returned upon the earlier of (a) FIRESTONE's request for their return; and (b) completion or termination of the Project. CONTRACTOR shall maintain such materials in good condition. Town of rirestom, 151 Grant Avenue, Firestone, CO 80520, Phone: 303-933-3291 P a e 10 GmicI n! Ccwor t - LQNG FORM (G(,ndc nn&o, Scn icc 550.000 orMO-) Fonn Appi ovcd by Towil AOnmcy May 20 19 Section 7.2 Work Product. The Parties acknowledge and agree that all items delivered in the course of performance by CONTRACTOR of its various obligations under this Agreement (the "Work Product") have been or will have been specially ordered or commissioned by FIRESTONE, and accordingly, each is and will be a "work made for hire" (as such term is used in 17 U.S.C. § 201) for FIRESTONE, effective as of the moment each such item is fixed in a tangible medium, whether or not such item is complete. CONTRACTOR hereby transfers and assigns to FIRESTONE all of its all right, title, and interest in and to all Work Product, including, but not limited to, all United States and foreign copyright, patent, trademark, trade secret and any other proprietary rights pertaining to such Work Product held by CONTRACTOR. The forgoing shall not apply to previously created and/or owned intellectual property of CONTRACTOR. Nothing in this Agreement will prevent CONTRACTOR from retaining copies of documents for the lawful use in its own business purposes; provided; however, that Work Product is not to be used by CONTRACTOR on other project applications outside the scope of the Professional Services or work under this Agreemnet. CONTRACTOR wit[ provide FIRESTONE with a ten (10) day written notice prior to disposal of documents it has retained, during which time FIRESTONE may take physical possession of same. ARTICLE VIII INDEPENDENT CONTRACTOR CONTRACTOR is an independent contractor of FIRESTONE under this Agreement. Nothing in this Agreement is intended to create a relationship of employee -employer between CONTRACTOR and FIRESTONE. Neither Party shall be construed to be a partner, member of a joint venture, franchisee, principal, agent, representative or participant of or with the other for any purpose whatsoever, CONTRACTOR does not and shall not have any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of FIRESTONE or to bind FIRESTONE in any manner. CONTRACTOR is responsible for scheduling and determining how Professional Services and/or Deliverables are to be completed and, except as otherwise agreed, shall supply its own tools and supplies. CONTRACTOR shall be solely responsible f'or paying all compensation earned by its personnel. CONTRACTOR agrees to comply with all federal and state wage and hour laws, immigration laws, and anti -discrimination laws. CONTRACTOR shall be solely responsible for withholding all federal, state, and local income taxes of its personnel, and any other obligations imposed on CONTRACTOR as the employer of the personnel, ARTICLE IX INSURANCE (a) CONTRACTOR shall at its own expense procure a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by CONTRACTOR under this Agreement. Such insurance shall be in addition to the insurance requirements below or otherwise unposed by law. (b) CONTRACTOR shall at its own expense keep in full force and effect during the term of this Agreement and during the term of any extension or amendment of this .Agreement, "fawn of Firestone, 151 Grant Avenue, Firestone, CO 84520-, Phone: 303-833-3291 P a ge 17 General Contract - tANIG r(J1td-0 (Crondt :mdrot San ices S50,000 or More) From Approved by Town Aituntcy Mny 209 insurance as stated below: (1) Commercial General Liability Insurance with minimum combined single limits of One Million Dollars and No Cents ($1,000,000.00) for each occurrence and One Million Five Hundred `thousand Dollars and No Cents ($1,500,000r00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, completed operations, explosion, collapse, and underground hazards. (2) If professional services (architecture, engineering, design, etc.) are provided, Professional Liability Insurance with limits of One Million Dollars and No Cents ($1,000,000,00) per claim and One Million Five Hundred Thousand Dollars and No Cents ($1,500,000,00) aggregate. This policy shall remain in force for the period of design and construction and shall include a discovery period of three years, to commence upon substantial completion of the Project. (3) Workers' Compensation Insurance to cover all obligations imposed by applicable laws for all of CONTRACTOR's employees engaged in the performance of work under this Agreement, based on statutory limits prescribed by and in accordance with Colorado law. In the event any services are performed by a subcontractor, CONTRACTOR shall require such subcontractor to provide workers' compensation insurance for its employees. (4) Comprehensive Automotive Liability Insurance for the duration of this Agreement covering all owned, non -owned, and hired vehicles used ih connection with the work performed by or on behalf of CONTRACTOR under this Agreement in an amount not less than Five Hundred Thousand Dollars and No Cents ($500,000,00) combined single limit per occurrence for bodily injury and property damage, (c) The insurance policies required by Subsection 3.4(b)(1) shall name FIRESTONE and its employees and agents as additional insureds and shall contain waiver of subrogation provisions. No additional insured endorsement to a policy shall contain any exclusion for bodily injury or property damage arising from completed operations, (d) Every policy -required under this Section shall provide that such insurance is primary coverage with respect to work contemplated under this Agreement by all insureds and additional insureds, and that any insurance carried by FIRESTONE, its officers, or its employees, or carried by or provided through any insurance pool of FIRESTONE, shall be excess and not contributory insurance to that provided by CONTRACTOR. CONTRACTOR shall be solely responsible for any deductible losses under any policy required above. Any insurance policy required under this Agreement shall be written by a responsible company or companies authorized to do business under the laws of the State of Colorado, subject to the approval of FIRESTONE, (e) Prior to commencement of work under this Agreement, CONTRACTOR shall Town of Firestone, 151 Grant Avenue, Firestone, CO 80520; Phone: 303-833-3291 C' ;I 13 Ciencril conwuol - mimj FORM (Gnuds nndloi Yovices 550 000 or mnpo Furm Appnn ed by Tvwn A(lonivy Hkuy 200 provide FIRESTONE with certificate(s) of insurance completed by CONTRACTOR's insurer(s) as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, The certificate shall identify this Agreement and shall provide that the coverage afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days' prior written notice has been given to FIRESTONE. The completed certificate(s) of insurance shall be sent to: Town of Firestone 151 Grant Avenue P.O. Box 100 Firestone, Colorado 80520 Attn: Julie Pasillas CONTRACTOR shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Section by reason of CONTRACTOR's failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amount, duration or type, Failure on the part of CONTRACTOR to procure or maintain policies providing the required coverage, conditions and minimum limits shall constitute a material breach of contract upon which FIRESTONE may immediately terminate this Agreement, or at its discretion FIRESTONE may procure or renew any such policy or pny extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by FIRESTONE shall be repaid by CONTRACTOR to FIRESTONE upon demand, or FIRESTONE may withhold the cost orthe premiums from any monies due to CONTRACTOR from FIRESTONE. ARTICLE X INDEMNII+ICATION CONTRACTOR shall indemnify, defend, and hold harmless FIRESTONE and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from this Agreement, to the extent that any such claim, damage, loss, or expense is caused, or alleged to have been caused, in whole or in part, by any negligent act, error or omission of CONTRACTOR or anyone directly employed by CONTRACTOR or anyone for whose acts CONTRACTOR may be liable. The extent of CONTRACTOR'S obligations pursuant to this Article may be determined only after CONTRACTOR'S obligations to FIRESTONE have been finally determined as a matter of law, ARTICLE XI IMMIGRATION STATUS OBLIGATIONS (a) CONTRACTOR certifies, through signature Of its authorized representative executing this Agreement, that it does not knowingly employ or contract with an illegal alien who will perform work under the public contract for services and that the CONTRACTOR will participate in the United States Government's E-Verify Program or the State of Colorado Department of Labor and Employment Program ("Department Program") in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. "Town of Firestone, 151 Grant Avenue, Firestone, CO 80520; Phone: 303-933.3291 P Q 19 General Conicacl— LONO FORM (Goeds andlor Services %50,01)0 n1 Moia) Form Apprnvcd by'rown Aponicy flay 209 (b) CONTRACTOR shall not: (1) Knowingly employ or contract with an illegal alien to perform work under this Agreement; or (2) Enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services, (c) CONTRACTOR shall affirm as required by C.R.S. § 8-17.5-102 (c) (11), as may be amended, the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the E-Verify Program or the Department Program. (d) CONTRACTOR is prohibited from using the E-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while the public contract for services is being performed. (e) If CONTRACTOR obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, CONTRACTOR shall be required to: (1) Notify the subcontractor and FIRESTONE within three days that the CONTRACTOR has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub -subparagraph (B)(2) the subcontractor does not stop employing or contracting with the illegal alien; except that the CONTRACTOR shall not terminate the contract with the subcontractor if during such three days the subcontractor provides infon-nation to establish that the subcontractor has not knowingly employed orcontracted with an illegal alien, (f) CONTRACTOR shall comply with all rules and regulations and any reasonable request by the State Department of Labor and Employment made in the course of the Department's performance of its lawful dutiCS pursuant to C.R.S. 8-17.5-101 et.seq., as may be amended. (g) If CONTRACTOR violates any of the provisions set forth in this section, FIRESTONE may terminate the Agreement and CONTRACTOR shall be liable for all actual and consequential damages incurred by FIRESTONE. ARTICLE XII MISCELLANEOUS Section 12.1 Colorado Law: This Agreement is to be governed by the laws of the State of Colorado, Venue For any litigation shall be in Weld County. Town of Firestone, 151 Grant Avenue, Firestone, CO 80520; Prone; 303-833-3291 F .I 10 Uencial Conlrucl .. LONG FORM (Goods pnd/o Services SSUM000l \lorai Form Approvad I,), Turrn A3Wrncy \-lay 2019 Section 12.2 Binding, I PI'ect/Mort-/lssii nability. FIRESTONE and CONTRACTOR each binds itself, its successors, and assigns to the other party to this Agreement with respect to all rights and obligations under this Agreement. Neither this Agreement, nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other. Section 12.3 Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each party. Section 12.4 Notice and Communications. Any notice to the parties required under this Agreement shall be in writing, delivered to the person designated below for the parties at the indicated address unless otherwise designated in writing. Only mailing by United States mail or hand delivery shall be utilized for notice required to be given tinder this Agreement. Facsimile and e-mail addresses are provided for convenience only. However, copies of mailed or hand - delivered notices may be sent to the parties via a -mail or facsimile. FIRESTONE: Town of Firestone 151 Grant Avenue Firestone, Colorado 80520 Attn: Julie Pasillas Telephone: 303-531-6258 E-mail: jpasillas c@firestoneco.gov CONTRACTOR: Bishop Layton Inc. dba Design Concepts 211 North'Public Road Suite 200 Lafayette, CO 80026 Attn,, Shanen Weber Telephone: 303-664-5301 E-rnaiI: ShanenW crdcla Section 12.5 Counterharfs, This Agreement may be executed in two or more counterparts, using manual or facsimile signature, each of which shall be deerned an original and all of which together shall constitute one and the same docurnent. Section 12.6 No Third Ptrrty Benelit. This Agreement is between FIRESTONE and CONTRACTOR and no other person or organization shall be entitled to (4nforce any of its provisions or have any right under this Agreement, Section 12.7 Seyertrbility. If any term, covenant, or covdjtion..of this•-A�reement is deerned by a Court of competent jurisdiction to be invalid `.void or unenforceable, the remaining provisions of this Agreement shall be binding upon the parties. Section 12.8 Entire Agreement. This Agreement, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Town of Firestone, 151 Grant AVCMC, Firestone, CO 80520, Phone: 303-833-3291 P a c j t 1 Gei:eiat C nntrae! — LONG FORM (Goods arndlo1 Services SSU,O[)(f yr Malay Form Appiowd by Town Attorney May 2019 Section 12.9 Default/Attorne 's Fees. In the event of default of any of the provisions herein, the defauiting party shall be liable to the non -defaulting party for all reasonable attorney fees, legal expenses and costs incurred as a result of the default. Section 12.10 No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by FIRESTONE shall not constitute a waiver of any of the other terms or obligations of this Agreement. Section 12,11 Colorado Governmental Immunity Act, The parties hereto understand and agree that FIRESTONE is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity -Act, Sections 24-10-101 el seq., C,R.S,, as may be amended, or those otherwise available to FIRESTONE, its officers, or its employees, IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement the day First written above. TOWN OF FIRESTONE I CONTR '' 01Z: y: ame: m !o t ATTEST: t'p� •..........:O\2 �V r Leah Vanarsdall, Town Cleric 4 1? ED AS TO FORM: Willi Hayashi, Town Attorney Town of Firestone, 151 Grant Avenue, Firestone, CO 80520; Phone; 303-833-3291 P a g e 112 GCnaml Courrvc1 - LONG FORNI jGnods andlar scr viccs 550,000 or NSoie) Dunn Approt ed by Town Altamey Nlay Z019 SCHEDULE A Attached to and made a part of the Agreement between the TOWN of HRESTONE and Bishop Layton Inc dba Design Concepts. US Project Approach Task I: Project Kick-off Project Kick-off Upon selection our team wilt meet with the Town's Project Manager and staff to formalize and outline a Work Plan Including agency goals & objectives accepted methodologies, number and types of meetings, and expected quality and formats for deliverables, and agreement on the implementation strategies. Stakeholders and potential partners will be identified. We will set a timeline for public involvement, analysis, recommendations, and all preparation of work products. Task 2: Evaluation + Assessment Ptonning + policy Review We will review relevant Town of Firestone planning and policy documents to inform our efforts on the Master Plan. DPmoyrophic Trends Members of our team are experts in Interpreting demographic trends and the impacts of these on park and recreation needs. We will portray the results of our analyses in ways that are easy to understand, but highly representative of the actual and projected trends, growth, and levels of service. Inventory + Analysis The Inventory of existing Town parks, open space, and trails will be conducted using GIs jGeographlc Information System] applications. Our firm has developed sophisticated methodologies for conducting inventories of park and recreation systems and has traveled around the country applying these techniques. Our approach is customized to each client to be as elaborate or streamlined as needed. We will assure a complete, thorough, and dynamic inventory that can be readily updated and used for purposes well beyond this project. Final data will he provided in geodatabase or shapefile format. The Inventory will contain information on the features and characteristics of each site. Data gathered will can be both qualitative and quantitative, so that Firestone staff will know not only what they have, but also how well it serves citizens. Inventory data will be analyzed and mapped to show recreational level of service in Firestone. This is particularly useful in defining walkabillty to parks and open space and identifying 'gap areas', parts of town that may be under served. With HOA owned and maintained parks as an important reality In Firestone, along with Carbon Valley Park and Recreation District facilities, additional GIs data can be gathered and analyzed to reveal the effectiveness of these partnerships and highlight areas for Improvement. Classification Design Concepts will assist Town staff to develop a classification system for parks and open space areas based an size and use. F3crrclTmarlcing We will assist the Town in selecting an appropriate set of communities to benchmark against and collect the data needed to complete this task. We will also refer to any available National Parks and Recreation resources, typically found in the annual Field Report, to inform development of standards in the Town of Firestone. Needs Assessment A variety of techniques are available for determining the needs, interests, and satisfaction levels of the citizens of Firestone. Workshops, focus groups, and stakeholder meetings are among the important and effective ones. Public meetings and presentations will be conducted as outlined in the RFP, We will facilitate a visioning session for Town staff and for Board members. Statistically Valid survey We also recommend that the Town conduct a statistically -valid public input survey to accurately quantify and document needs, This provides evidence based, justifiable input and helps lend credibility to gain acceptance and support for the Master Plan. We believe a survey is a valuable too? to provide valid€ty to any decision that could impact the community, By using this tool, staff and elected officials can feel confident about making decisions based on real, relevant data. Organizational Assessment We wifl review the staff organizational structure and provide recommendations for Improvement. An important step In the management of assets is to better understand the culture, environment and effectiveness of their organization. Budget Development We will review the current budget structure and explore future capital and operational budgets to meet the goals and objectives of the plan, identification of potential alternative funding sources, including grants, foundations, gifts, sponsorships, fees, etc. will be part of the budget review. Task 3: Recommendations + Implementation Goals, Policies + Objectives The plan will make recommendations based on the findings of the inventory and needs assessment phases of the project. This will include a clear set of goals, policies, and standards that can be used to prioritize needs, determine phasing and funding strategies, and develop strategles for €mplementat€on. This will include setting local standards for parks, open space, trails, and recreation facilities. It will also include recommendations for maintenance and renovation of existing facilities. Action Alan The action plan will include a phasing plan, Capital Improvements Budget, and funding strategies for short-, mid - and long-term improvements to the system. RESOLUTION 19-64 A RESOLUTION APPROVING PURCHASING OF WATER VALVE MAINTENANCE TRAILER, COMPACT EXCAVATOR, FLATBED TRAILER, AND WALK AND ROLL GRADER ATTACHMENT FOR THE PUBLIC WORKS DEPARTMENT WHEREAS, pursuant to § 31-15-302, C.R.S., the financial powers of the Town of Firestone (the "Town") include the power to control the finances and property of the Town and appropriate money for municipal purposes; and WHEREAS, the Board of Trustees desires to purchase water valve maintenance trailer, compact excavator, flatbed trailer, and walk and roll grader attachment, for the Public Works Department ("PWD") for the purpose of exercising water valves, storm drainage maintenance, meter pit installation repairs, streets repair, gravel road maintenance for the Town related to Water, Stormwater and Streets; and WHEREAS, PWDD will purchase the water valve maintenance trailer, compact excavator, flatbed trailer, and walk and roll grader attachment identified below for an amount not to exceed $163,000.00; and WHEREAS, the Town will pay the following amounts for the identified item: • E.H. Wachs Standard LX VMT for $73,000.00 • Bobcat E50 T4 Compact Excavator for $59,000.00 • PJ Flatbed Trailer for $6,000.00 • John Deere 2019 Walk and Roll for $25,000.00 WHEREAS, the Board of Trustees finds that the purchase of the pesticide storage equipment as described herein is in the best interest of the Town and its citizens, and the Board of Trustees desires to authorize the purchases. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed purchase of water valve maintenance trailer, compact excavator, flatbed trailer, and walk and roll grader attachment for PWD as stated in this Resolution. INTRODUCED, READ AND ADOPTED this 24th day of July, 2019. �fTOiv P (OWN iI O L SEAL 1 d O ATTEST: cdUNTY, GQ d—a�aft�ijlw Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLOR -ADO IT7_x►YI]=11111 yl!]►fLIc? A RESOLUTION OF THE BOARD OF TRUSTEES APPROVING THE ENCROACHMENT LICENSE AGREEMENT WITH BLACK DIAMOND ROCKIES MIDSTREAM LLC AND AUTHORIZING THE MAYOR TO SIGN THE ENCROACHMENT LICENSE AGREEMENT. WHEREAS, on September 25, 2006, Foundation Energy Management, LLC, and EnCana Oil & Gas (USA) Inc. entered into a Compatible Development and Surface Use Agreement with the Town of Firestone and the Firestone Finance Authority and such agreement was recorded in the records of the Clerk and Recorder of Weld County, Colorado at Reception No. 3427732 on October 16, 2006; and WHEREAS, Creston Peak Resources Holdings LLC is the successor -in -interest to the mineral operating working interests of Foundation Energy Management, LLC and EnCana Oil & Gas (USA) Inc. in the Property and under the Compatible Development and Surface Use Agreement; and WHEREAS, on December 12, 2018, Creston Peak Resources Holdings LLC entered into the First Amendment to Compatible Development and Surface Use Agreement with the Town of Firestone and the Firestone Finance Authority; and WHEREAS, on February 27, 2019, the Town of Firestone Board of Trustees approved a Special Use Permit for Crestone Peak Resources for oil and gas wells for the property; and WHEREAS, an underground oil pipeline and appurtenant underground facilities are necessary for the conveyance of liquid hydrocarbons from the oil and gas wells; and WHEREAS, the Town of Firestone desires to provide a 20' wide license area and right-of- way crossings at Frontier Street and Pine Cone Avenue to Black Diamond Rockies Midstream LLC to accommodate such facilities; and WHEREAS, the Board of Trustees of the Town of Firestone considered the acceptance of the Encroachment License Agreement, attached hereto as Exhibit A, on July 24, 2019; and WHEREAS, the Board of Trustees of the Town of Firestone believes it is in the best interest of the Town and its citizens to accept the Encroachment License Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby approves the Encroachment License Agreement, attached hereto as Exhibit A, with Black Diamond Rockies Midstream LLC and authorizes the Mayor to sign and bind the Town to the Agreement. INTRODUCED, READ AND ADOPTED this 24th day of July, 2019. XO 0 ATTEST: Leah Vanarsdall, Town Clerk Exhibit A Encroachment License Agreement RESOLUTION 19-62 A RESOLUTION AUTHORIZING THE APPROPRIATE TOWN OFFICIAL TO SIGN THE ASSIGNMENT OF DEVELOPMENT AGREEMENT, HOLIDAY INN EXPRESS FINAL DEVELOPMENT PLAN WHEREAS, on September 9, 2014, M & H Investment, Inc., ("M & H"), a Colorado corporation, entered into a Development Agreement ("Agreement") for Holiday Inn Express Final Development Plan with the Town of Firestone ("Town") and such agreement was recorded in the records of the Clerk and Recorder of Weld County, Colorado at Reception No. 4047490 on September 22, 2014; and WHEREAS, on August 7, 2018, M & H entered into a First Amendment to Development Agreement for Holiday Inn Express Final Development Plan ("First Amended Agreement") with the Town and such agreement was recorded in the records of the Clerk and Recorder of Weld County, Colorado at Reception No. 4431236 on September 17, 2018; and WHEREAS, Section 9 of the Agreement permits the assignment of the agreement to other parties upon written approval of the Town; and WHEREAS, M & H provided notice to the Town of its intent to convey Lot 8, Block 1, Del Camino Junction Business Park Minor Plat to Firestone Express, LLC ("Firestone"), and assign the rights and obligations of the Agreement and First Amended Agreement to Firestone; and WHEREAS, M & H and Firestone request approval of the Assignment of Development Agreement by the Town; and WHEREAS, the Board of Trustees of the Town of Firestone, Colorado, considered the Assignment of Development Agreement, Holiday Inn Express Final Development Plan, attached here to as Exhibit A, on July 24, 2019; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby approves the Assignment of Development Agreement, Holiday Inn Express Final Development Plan, and authorizes the appropriate Town Official to sign and bind the Town to the Agreement. INTRODUCED, READ AND ADOPTED this 24th day of July, 2019. TOWN OF FIRESTONE COLORADO s o i SindYj, mayor 1 WON tiL AL ATTEST: TYLeah Vanarsdall, Town Clerk ASSIGNMENT OF DEVELOPMENT AGREEMENT (Holiday Inn Express FDP) THIS ASSIGNMENT OF DEVELOPMENT AGREEMENT ("Assignment") is made and entered into this M+ day of J UV` , 2019 ("Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation ("Town"), M & H INVESTMENT, INC., a Colorado corporation ("M & H" or "Assignor"), and FIRESTONE EXPRESS, LLC, a Colorado limited liability company ("Firestone" or "Assignee"). WHEREAS, on September 9, 2014, M & H and the Town entered into that certain DEVELOPMENT AGREEMENT (the "Agreement") relating to certain real property located in the Town of Firestone, Colorado, commonly known as 11256 Business Park (the "Property"), whereby M & H would provide for certain public improvements required to be constructed under an approved Final Development Plan ("FDP") and to serve a Holiday Inn Express hotel situated upon the Property, and which are more particularly described in Exhibit B to the Agreement; WHEREAS, M & H desires to assign to Firestone all of its rights, title, interest, and obligations under the Agreement, and Firestone desires to fulfill the Agreement's obligations; and WHEREAS, Section 9 of the Agreement requires M & H to provide to the Town written notice of any proposed transfer, assignment or delegation of all or any portion of M & H's rights and obligations under the Agreement to any successor; and WHEREAS, Section 9 of the Agreement further provides that any of the rights and obligations of M & H under the Agreement may not be assigned without the written consent of the Town; and WHEREAS, the Town consents to the proposed Assignment of the Agreement from M & H to Firestone upon the terms and conditions set forth herein. AGREEMENT NOW THEREFORE, in consideration of the mutual promises, covenants, terms, conditions, restrictions and requirements set forth herein, the parties agree as follows: 1. Incorporation of Recitals. The Parties hereby incorporate the recitals above as part of their agreement as if fully set forth herein. 2. _Assignment. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, M & H hereby assigns, sets over and transfers to Assignee all of Assignor's right, title, interest, duties and obligations set forth in the Agreement ("Assigned Rights and Obligations"). 4517059 Pages: 1 of 5 08/22/2019 04:39 PM R Fee:$33.0@ Carly Koppes. Clerk Bill i�lP.r1411�wr�l��'�I�1���;,�II+�����I�iI��Wh III! 4517059 Pages: 2 of 5 08/22/2019 04:39 PM R Fee:$33.00 I Carly Koppes, Clerk and Recorder, Weld County, CO 3. Assumption of Obligations. Assignee hereby assumes and agrees to perform all of the conunitments, obligations, terms, provisions, conditions and covenants of the Assigned Rights and Obligations. 4. Replacement Guarantee. Concurrently with the execution of this Assignment, Assignee shall furnish to the Town an improvement guarantee pursuant to, and in accordance with, Section 3 of the Agreement to replace the [cash guarantee] provided by Assignor (the "Replacement Guarantee") to ensure completion of the public improvements. 5. Release of Guarantee. To obtain from the Town a release of the improvement guarantee provided by Assignor, Assignor shall submit a written request for release of the guarantee (the "Release Letter"). The Release Letter shall provide: (a) confirmation of the Assignment; and (b) if the guarantee is in the form of cash, written authorization by Assignor or other person who provided the cash guarantee on behalf of Assignor to release the cash funds held by the Town to Assignor or an entity that is legally authorized to receive such funds on behalf of Assignor, along with wiring instructions, if any; or (c) if the guarantee is in the form of an irrevocable letter of credit or surety bond, a draft release of such irrevocable letter of credit or surety bond to be submitted to the entity or banking institution that issued such irrevocable letter of credit or surety bond. Provided the Town is in receipt of the Replacement Guarantee, the Town shall release the cash funds in accordance with Assignor's Release Letter, or shall execute and deliver the draft release to the appropriate banking or financial institution. 6. Entire Agreement. This Assignment embodies the entire understanding of the parties hereto and there are no other agreements or understandings written or oral in effect between the parties relating to the subject matter hereof unless expressly referred to by reference herein. This Assignment may be amended or modified only by an instrument of equal formality signed by the parties or their duly authorized agents. 7. Section Headings. The section ofheadings is inserted herein only for convenience or reference, and in no way shall be defined to limit or describe the scope or intent of any of the provisions in this Assignment. 8. Successors and Assigns. This Assignment shall be binding upon the parties and the successor entity of any party and will be deemed a covenant running with land included within the FDP and will be binding upon all successors in ownership of the land within the FDP. 9. Counterparts. This Assignment may be executed in any number of counterparts, and, when so executed, shall constitute a single, binding agreement between those persons who have executed such counterparts. IN WITNESS WHEREOF, the parties hereto have executed this Assignment of Development Agreement as of the day and year first above set forth. [signature page follows] 4517059 Pages: 3 of 5 j 08/22/2019 04:39 PM R Fee:$33.00 Carly Koppes, Clark and Reoorder, Weld County, CO IIII WAIM'11+i1dWI IMIIV.WAU!ll~W.i+MlAA 11111 FIRESTONE EXPRESS, LLC a Colorado limited liability company By: Printed Name: C"J'Lg- Title: i ACKNOWLEDGMENT STATE OF COLORADO ) } ss. COUNTYOF ) The forego' instrument was acknowledged before me this I day of u , 2019, by as ofFIRESTONt EXPRESS, LLC, a Co.]].rado limited liability company. Witness my hand and official seal. My commission expires:. '�) ,) Ci 1 {SEAL} ELYN ROSE SCHMID NOTARY PUBLIC dTA7E OF COI.ORADO lIArCOMMiSSi�OMiEXP13MAY93Q 2029 Public 4517059 Pages; 4 of 5 08/22/2019 04:39 PM R Fee:$33,00 Carly Koppel, Clerk and Recorder, Weld County, CO mill PONIMIRIM WAN I hin P 4 LYr RI lik 11111 M & H INVESTMENT, INC. a Colorado corporation By: % Printed Name: �i0 (--:XIn Title: ACKNOWLEDGMENT STATE OF COLORADO } } 5S. COUNTY OF The foregoing instrument was acknowledged before me this Q day of 1W. 2019, by n Kim _. , as of M & H INVESTMENT, INC., a Colorado corprration. Witness my hand and official seal. My commission expires: Am L4 2020 q ACKNOWLEDGEMENT OF NOTICE AND CONSENT TO ASSIGNMENT The Town of Firestone acknowledges receipt of notice of this Assignment, and acknowledges to Assignor and Assignee that the foregoing Assignment is consented to by: TOWN OF FIRESTONE, COLORADO Leah Vanarsdall, Town Clerk bbi S' lar, Mayor 4517059 pages: 5 of 5 08/22/2019 04:39 PM R Fee:$33.00 Carly Koppes, Clerk and Recorder, Weld County, Co milII�JPSwr4�iti�i�lI��IY�I�'1'�hlti�lY�h �IIII 5 17AYIMillwKON1► OLT81" A RESOLUTION PRESCRIBING THE PAYMENT RATE FOR PAYMENTS OF CASH- IN- LIEU OF WATER RIGHTS DEDICATIONS TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town operates a municipal water system and requires the dedication of water rights in connection with the annexation, subdivision and development of, and water service to, properties within the Town; and WHEREAS, pursuant to Sections 1.08.050 and 13,08.010 of the Firestone Municipal Code, the Town allows, under prescribed circumstances and in the sole and absolute discretion of the Town, for the dedication requirement to be met by payment of cash in lieu of dedication; and WHEREAS, Sections 1.08.050 and 13.08.010 provide that the rate for payments of cash - in -lieu of water rights shall be as determined by the Board of Trustees from time to time by resolution, such rate to be not less than one hundred and ten percent (110%) of the then -current price of a Colorado Big Thompson ("CBT") unit, with an assumed annual yield of 0.60 acre-feet of actual water per CBT unit; and WHEREAS, the Board of Trustees previously approved a resolution setting the payment rate at $43,900.00 per unit of CBT water; and WHEREAS, the Board of Trustees desires to re -adopt such rate and confirm the assumed yield requirements of Sections 1.08.050 and 13.08.010 of the Firestone Municipal Code; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO: Section 1. Effective upon the adoption of this resolution, the payment rate for payments of cash -in -lieu of water rights dedications shall be $56,925.00 per unit of Colorado Big Thompson ("CBT") water, with an assumed yield of 0.60 acre-feet per CBT unit. Said rate shall remain in effect until revised by subsequent resolution of the Board of Trustees. Section 2. _ The charges set by this resolution shall supersede and replace any charges previously set or adopted by the Board of Trustees for the same purpose. Section 3. All other resolutions or portions thereof inconsistent or conflicting with this resolution or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. PASSED AND ADOPTED THIS 24TH DAY OF DULY, 2019. TOWN OF FIRESTONE, COLORADO L\EATTEST: ')emUma� Leah Vanarsdall, Town Clerk % 6-13 � �m r�,, Ax a 4e,ed � RESOLUTION 19-60 A RESOLUTION APPROVING A FINAL PLAT AND FINAL DEVELOPMENT PLAN FOR BAREFOOT LAKES FILING NO.4 WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final plat and final development plan for Barefoot Lakes Filing No. 4; and WHEREAS, all materials related to the application have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, after a duly -noticed public hearing, at which evidence and testimony were entered into the record, the Board of Trustees finds the proposed final plat should be approved, subject to certain conditions NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed Final Plat and Final Development Plan for Barefoot Lakes Filing No. 4, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. PASSED AND ADOPTED this 20. day of Jam, 2019. M'U 1.71/j .. ATTEST: Leah Vanarsdall, Town Clerk EXHIBIT A Barefoot Lakes Filing No. 4 Final Plat and Final Development Plan Conditions of Approval Modify plans and application materials pursuant to comments of the Town Engineer set forth in a memoranda dated May 23, 2019, to the Town's satisfaction. 2. Modify plans and application materials pursuant to comments of the Consultant Town Planner set forth in a memoranda dated July 3, 2019, to the Town's satisfaction. 3. Provide an updated title commitment when the mylars are provided for recording, dated no later than thirty (30) days prior to submission of mylars. 4. Execute a subdivision agreement, in a form to be approved by the Town Attorney. 5. Technical corrections to the Barefoot Lakes Filing No. 4 final plat and final development plan shall be made to the Town's satisfaction. 2 ff-k= A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND COLORADO CIVIL GROUP, INC., FOR CONSTRUCTION ENGINEERING SERVICES FOR THE WOOSTER AVENUE STREET REPLACEMENT PROJECT WHEREAS, the Town of Firestone is in need of construction engineering services for its Wooster Avenue Street Replacement Project ("Project"); and WHEREAS, Colorado Civil Group, Inc., has the skill and experience to perform the construction engineering services required for the Project; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and Colorado Civil Group, Inc., for construction engineering services for the Wooster Avenue Street Replacement Project is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this I& day of July, 2019. VIRESiNq 0 f r04,1V � r ❑ F �O TTES Gay Coio�� Leah Vanarsdall, Town Clerk AS TO FORM: Wilhi I ]Hayashi, Town Attorney TOWN OF FIRESTONE, COLORADO 4du�- �k,& BWki Sind , Mayor AGREEMENT for PROFESSIONAL ENGINEERING SERVICES for WOOSTER AVENUE WATERLINE REPLACEMENT PROJECT CONSTRUCTION OBSERVATION, CONTRACT ADMINISTRATION, and CONSTRUCTION STAKING Project No. 0668.0184.09 This is an AGREEMENT made between THE TOWN OF FIRESTONE, a Colorado statutory Town (TOWN) and COLORADO CIVIL GROUP, INC., a Colorado Corporation (ENGINEER). Whereas, the TOWN desires to have certain engineering services performed by ENGINEER relative to construction engineering for the Wooster Avenue Waterline Replacement Project located in the Town of Firestone, Weld County, Colorado. Whereas, the ENGINEER is duly accredited and this AGREEMENT provides for said professional engineering services. Therefore, TOWN and ENGINEER, in consideration of their mutual covenants herein, agree in respect of the performance of professional engineering services provided by ENGINEER and the payment for those services by OWNER as set forth in Sections 1 through 4 below. SECTION 1 - Basic Services For the purposes of this AGREEMENT, the Basic Services shall include construction observation and certain construction engineering tasks, as further described herein, relative to the Wooster Avenue Waterline Replacement (the "Project). Observations shall be performed using the approved Contract Documents including plans and specifications and criteria, manuals and guides referenced therein. Specific tasks to be performed shall be: 1.1 Construction Observation The ENGINEER shall provide staff to perform part-time inspection and observation of work performed by the construction contractor (the "Contractor") in association with the Project. The work to be performed by the contractor is as set forth in the construction contract documents for the Project and is sometimes herein referred to as the "Work." The Work for construction observation shall consist of waterline construction and associated work. 1.1.1 ENGINEER will utilize its own personnel to perform part-time observation of the performance of the Work of the Contractor. A. ENGINEER dealings in matters pertaining to the on -site Work will in general be with Contractor keeping the TOWN advised as necessary. His dealings with Subcontractors will only be through or with the full knowledge and approval of Contractor. B. Duties and Responsibilities: ENGINEER will: 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals, schedule of values and other schedules prepared by Contractor. ENGINEER will make recommendations to TOWN regularly and upon request. 2. Conferences and meetings: Attend meetings with Contractor, such as pre -construction conferences, progress meetings and other job conferences and other project related meetings, and prepare and circulate copies of minutes thereof. 3. Shop Drawings and Samples: a. Record date of receipt of Shop Drawings and samples. b. Receive samples which are furnished at the site by Contractor for ENGINEER's review, and notify ENGINEER of their availability for examination. C. Advise Contractor of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. d. Shop drawings will be approved by ENGINEER with concurrence of TOWN. 4. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on -site observations of the Work in progress to assist TOWN in determining that the Work is proceeding in accordance with the Contract Documents. b. Report to TOWN whenever ENGINEER believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspections, tests or approvals required to be made; and advise TOWN when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 2 C. Verify that tests, equipment and systems start-ups and operations and maintenance training are conducted in presence of the appropriate personnel, and that Contractor maintains adequate records thereof; observe record and report to TOWN appropriate details relative to the test procedures and start-ups. Accompany visiting inspectors of other public or private agencies having jurisdiction over the Project, record in writing the results or these inspections and report to TOWN. 5. Interpretation of Contract Documents: Report to TOWN when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarification and interpretation of the Contract Documents as issued by ENGINEER. 6. Modifications: Consider and evaluate Contractor's suggestions for modification in Drawings or Specifications and report with his recommendations to TOWN. Transmit to Contractor decisions issued by ENGINEER. 7. Records: Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions or original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the AGREEMENT, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports and other Project related documents. b. Keep a diary, daily report form, or log book, recording hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders, or changed conditions, list of job site visitors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. C. Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of equipment and materials. Provide complete copies of all and furnish individual records needed. 8. Reports: records to TOWN at completion of project to TOWN upon request by TOWN or as Furnish TOWN periodic reports, as required of the progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawings and sample submittals. K3 b. Consult with TOWN in advance of scheduled major tests, inspections or start of important phases of the Work. C. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from Contractor and recommend to TOWN Change Orders, Work Directive Changes, and Field Orders. d. Report immediately to TOWN upon the occurrence of any accident. 9. Payment Requests: a. Review applications for payment with Contractor and TOWN for compliance with the established procedure for their submission, noting particularly the relationship of the payment request to the schedule of values, Work completed, and materials and equipment delivered at the site but not incorporated in the Work. b. ENGINEER will process pay applications with cut-off date for each month falling on the last day of every month. ENGINEER will prepare pay applications and present recommendation to TOWN in a timely manner. C. ENGINEER will prepare change orders and submit to TOWN with recommendations regarding payment. d. ENGINEER will not be responsible for delivery of payment from TOWN to Contractor. 10. Certificates, Maintenance and Operation Manuals: During the Course of Work verify that certifications, maintenance and operations manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to TOWN prior to final payment of the Work. 11. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion, meet with TOWN, and then submit to Contractor a list of observed items requiring correction or completion. b. Conduct final inspection in the company of TOWN and Contractor and prepare a final list of items to be corrected or completed. C. Observe that all items on final list have been corrected or completed and make recommendations to TOWN concerning acceptance. C. Limitation of Authority: 4 ENGINEER shall not: 1. Exceed limitations of ENGINEER's authority as set forth in the Contract Documents. 2. Undertake any of the responsibilities of Contractor, Subcontractors, or Contractor's superintendent. 3. Advise on, or issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents. 4. Advise on or issue directions regarding or assume control over safety precautions and programs in connection with the Work. 5. Accept Shop Drawing or sample submittals from anyone other than Contractor. 6. Authorize TOWN to occupy the Work in whole or in part. 1.1.2 The ENGINEER shall provide part-time inspections of adequate detail to determine that the work generally complies with the approved construction plans, standards and criteria, and general construction practices and standards. The ENGINEER shall work with the contractors and TOWN's geotechnical consultants to ensure that all necessary tests are performed and properly reported (trench backfill and compaction, street subgrade preparatio nlproof rolls, asphalt placement and compaction, concrete forms/reinforcement/ placement and strength testing, welding, etc... ). 1.1.3 ENGINEER shall render their services in accordance with generally accepted standards and practices as such standards and practices are normally exercised in the performance of professional standards of a similar nature in the Denver metropolitan area. 1.2 Contract Administration 1.2.1 ENGINEER will provide certain services related to management and administration of the Project including: A. Coordination of construction staking. B. Coordination of materials testing. C. Coordination with other jurisdictions. D. General contract administration. E. Preparation and processing of payment applications. F. Preparation and processing of change orders, as needed. 5 G. Construction contract closeout. H. Requirements of Article 9 of the General Conditions of the Ramland Waterline Replacement Project. Provide TOWN with weekly status reports and copies of any records kept according to Section 1.1 Construction Observation upon TOWN's request. 1.3 Construction Staking and Surveying The ENGINEER will provide construction staking in accordance with Section 01400 — Quality Control of the project manual for the Wooster Avenue Waterline Replacement Project. This effort shall include: Horizontal and vertical control. 2. Offset grade and alignment stakes every 50 feet for pipe, bends/fittings, valves, boring/casing, hydrants, and services. 3. As -built survey of completed improvements. 1.4 Stakeout The ENGINEER shall prepare all of the construction stakeouts necessary to accomplish the surveying described in 1.3 above. SECTION 2 - Additional Services Services not contemplated in Section 1 may be required of ENGINEER from time to time by the Board of Trustees or the Board's designee. If such work is to be performed as typical duties of the Town Engineer, as determined by the TOWN and the ENGINEER, a change order to the AGREEMENT will be prepared and presented to the TOWN prior to initiation of said work. Descriptions of additional services, compensation, and period -of -services adjustments will be presented in the change order, prior to starting any additional services. In addition, it is anticipated that the ENGINEER will be requested to prepare engineering designs, studies, and/or surveys that exceed either the scope or the estimated costs described in Section 1.1. Under those circumstances, if requested by the TOWN, the ENGINEER and the TOWN will enter into a separate Agreement to better define the scope, schedule, and fees of that specific project. Specific services not included in this AGREEMENT include, but are not limited to: 2.1 Building inspection services, including foundation, electrical, plumbing/heating inspections, or any other duties assigned to the TOWN building inspector or building official. 2.2 Geotechnical or materials testing. 2.3 Easement negotiations. 2.4 Enforcement of County, State, or Federal regulations pertaining to construction site safety, pollution, hazard mitigation, endangered or threatened species, etc.... N SECTION 3 - Period of Service; Service Nonexclusive The Period of Service for this work shall commence upon the signing of this AGREEMENT by the TOWN and shall end at the pleasure and convenience of the TOWN Board of Trustees, as stipulated in Section 6.1.2. Work shall progress in a timely manner to support the schedules established by the TOWN and ENGINEER. The TOWN may employ, at its expense and outside the terms of this AGREEMENT, other engineers that the TOWN Board of Trustees determines to be necessary. SECTION 4 - Compensation 4.1 Methods of Payment for Services and Expenses of Engineer 4.1.1 Services provided under Section 1 — Basic Services, will be based on hourly rates plus expenses according to the ENGINEER's current and approved Schedule of Fees (Exhibit A), estimated not to exceed $28,000.00. 4.1.2 Services authorized and provided under Section 2 - Additional Services, will be based on hourly rates plus expenses according to the ENGINEER'S then current Schedule of Fees (Exhibit A). 4.1.3 The parties may revise the Schedule of Fees set forth on Exhibit A at any time during this AGREEMENT. Any such revised Schedule shall become effective upon approval and execution by the parties, with a copy of such revised Schedule to be attached to this AGREEMENT as a revised Exhibit A. 4.2 Times of Payments The ENGINEER shall submit monthly invoices for work actually completed and costs incurred at the time of billing. 4.3 Other Provisions Concerning Payments 4.3.1 If TOWN fails to make any payment due ENGINEER for services and expenses within forty-five days after receipt of ENGINEER's invoice, the amounts due ENGINEER will be increased at the rate of 1%% per month from said forty fifth day, and in addition, ENGINEER may, after giving seven days' wriften notice to TOWN, suspend services under this AGREEMENT until ENGINEER has been paid in full all amounts due for services, expenses, and charges. 4.3.2 In the event of termination by TOWN under paragraph 6.1.2 upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by the TOWN during any phase of the Basic Services, ENGINEER will be paid for services rendered during that phase on the basis of ENGINEER's hourly rates based on the current Schedule of Fees for services rendered during that phase to date of termination by ENGINEER's principals and employees engaged directly in work for the TOWN. In the event of any such termination, ENGINEER also will be reimbursed for the charges of independent 7 professional associates, consultants and subcontractors employed by ENGINEER and authorized by the TOWN to render Basic Services through ENGINEER and for all unpaid Additional Services and unpaid Reimbursable Expenses, plus all termination expenses. Termination expenses mean Reimbursable Expenses directly attributable to termination. 4.3.3 It is understood and agreed that the TOWN, and not any landowner subject to a reimbursement agreement with the TOWN, is responsible for all payments under this AGREEMENT. SECTION 5 - TOWN's Responsibilities TOWN shall do the following in a timely manner so as not to delay the services of ENGINEER: 5.1 As appropriate, designate responsible representatives to provide direction to the ENGINEER with respect to services provided pursuant to this AGREEMENT. The TOWN Board of Trustees or its delegatee shall transmit instructions, receive information, interpret and define TOWN's policies and decisions with respect to ENGINEER's services provided pursuant to this AGREEMENT. 5.2 Provide all criteria and full information as to TOWN's requirements as necessary for performance of ENGINEER's services, including, with respect to TOWN projects, design or project objectives and constraints, space capacity and performance requirements, flexibility and expendability, and any budgetary limitations. 5.3 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to TOWN projects. 5.4 Unless otherwise agreed by the TOWN and ENGINEER, the TOWN shall be responsible for negotiating and acquiring all required properties and/or easements necessary for any TOWN projects. SECTION 6 - General Considerations 6.1 Termination 6.1.1 The obligation to provide further services under this AGREEMENT may be terminated by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Upon receipt of the written notice to terminate the defaulting party shall have ten days to cure the default to the satisfaction of the terminating party. 6.1.2 Termination for convenience: The TOWN Board of Trustees shall, at its sole option and absolute discretion, have the right to terminate this AGREEMENT and remove ENGINEER from the position of TOWN ENGINEER for any reason whatsoever by providing ENGINEER with a written notice to terminate to be effective upon five (5) days after notifying ENGINEER by registered mail, return receipt requested. ENGINEER hereby waives any rights to a charge in writing or an opportunity to be heard prior to removal. 0 6.1.3 At the time of any termination, ENGINEER shall promptly deliver to the TOWN or its designee all documents and materials, including but not limited to reports, plans, drawings, specifications, computer input and output, analyses, data, electronic files, . and other materials of any kind, prepared or furnished by ENGINEER (and ENGINEER's independent professional associates, consultants and subcontractors) pursuant to this AGREEMENT. The delivery of such materials shall be without further charge or expense to the TOWN other than Termination expenses. 6.2 Reuse of Documents All documents and materials, including but not limited to reports, plans, drawings, specifications, computer input and output, analyses, data, electronic files, and other materials of any kind, prepared or furnished by ENGINEER (and ENGINEER's independent professional associates, consultants and subcontractors) pursuant to this AGREEMENT, are documents and property of the TOWN. The TOWN acknowledges that documents provided by ENGINEER for specific projects are not intended or represented to be suitable for reuse by TOWN or others on extensions of such projects or on any other projects; any such reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at the TOWN's sole risk and without liability or legal exposure to ENGINEER. Any such verification or adaptation requested by the TOWN will entitle ENGINEER to further compensation at rates to be agreed upon by TOWN and ENGINEER. 6.3 Insurance and Indemnification 6.3.1 ENGINEER shall procure and maintain insurance for protection from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. The workers' compensation insurance carried by ENGINEER shall be in accordance with statutory law and include employers' liability insurance with a limit of not less than $100,000 per accident, $500,000 disease, policy limit and $100,000 disease limit each employee. The general liability insurance carried by ENGINEER shall have minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate, shall include the TOWN as additional insured, with primary coverage as respects the TOWN, and shall contain a severability of interests provision. ENGINEER shall also procure and maintain professional liability insurance with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate. All required insurances shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by ENGINEER pursuant to this AGREEMENT. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured by the ENGINEER to maintain such continuous coverage. Certificates of insurance evidencing such coverages shall be provided to the TOWN upon request. 6.3.2 ENGINEER shall also procure and maintain continuously comprehensive automobile liability insurance with minimum combined single limits for bodily injury and property damage of not less than $150,000 per person in any one occurrence A and $500,000 for two or more persons in any one occurrence, and auto property damage insurance of at least $50,000 per claim, with respect to each of ENGINEER's, hired or non -owned vehicles assigned to or used in performance of the services under this AGREEMENT. The policy shall include the TOWN as additional insured with primary coverage as respects the TOWN and shall contain a severability of interests provision. 6.3.3 ENGINEER shall indemnify and hold the TOWN harmless against (1) claims by any employee of ENGINEER for compensation, fringe benefits of any kind whatsoever (including without limitation, pension rights or payments, insurance of any kind, reimbursement of medical expenses, vacation pay, sick leave or sick pay), or indemnification for tort claim damages or similar claims for damages (e.g. Section 1983 claims); and (2) claims by any other party for injury, loss or damage which arise out of or are connected with the services hereunder, if such injury, loss or damages is caused by the negligent, unlawful, or willful and wanton act or omission on the part of any ENGINEER employee acting pursuant to this AGREEMENT. 6.3.4 The ENGINEER or its employees shall not be deemed to assume any liability for intentional or negligent acts or omissions of the TOWN or any officer, agent, or employee thereof. The TOWN shall be responsible for such acts or omissions in the manner and to the extent provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et. seq. (CGIA). 6.3.5 The parties hereto understand and agree that the TOWN is relying on, and does not waive or intend to waive by any provision of this AGREEMENT, the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the CGIA, as from time to time amended, or otherwise available to the TOWN, its officers, or its employees. 6.4 Limitation of Liability TOWN, in consideration of the fees negotiated hereunder, specifically agrees to limit the liability of ENGINEER and its officers, directors, shareholders, partners, agents and employees for all damages of any kind or nature associated with errors or omissions of the ENGINEER for services rendered under this AGREEMENT, to the sum of $500,000.00 annual aggregate. 6.5 Controlling Law This AGREEMENT is to be governed by the law of the State of Colorado. 6.6 Successors and Assiqns 6.6.1 TOWN and ENGINEER each is hereby bound, and the partners, successors, executors, administrators, assigns, and legal representatives of TOWN and ENGINEER are hereby bound to the other party to this AGREEMENT and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this AGREEMENT. 10 6.6.2 Neither TOWN nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent professional associates, consultants and subcontractors as ENGINEER may deem appropriate to assist in the performance of services hereunder; provided, however, that proposed use of any such associates, consultants and independent contractors, and the costs and fees for the services thereof, shall be subject to the prior written approval of the TOWN, which may be granted or withheld by the TOWN in its sole discretion. ENGINEER shall cause any associate, consultant or subcontractor providing services hereunder to procure and maintain those insurance coverages required by Section 6.3 above. 6.6.3 Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone other than TOWN and ENGINEER, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and exclusive benefit of TOWN and ENGINEER and not for the benefit of any other party. 6.7 Enforcement In the event that suit is brought upon this AGREEMENT to enforce its terms, the prevailing party shall be entitled to its reasonable attorneys' fees and related court costs. 6.8 Quality of Work ENGINEER'S professional services shall be in accordance with the prevailing standard of practice normally exercised in the performance of professional services of a similar nature in the Denver metropolitan area. 6.9 Inspection The TOWN and its duly authorized representatives shall have access to any books, documents, papers, and records of the ENGINEER and its subcontractors that are related to this AGREEMENT" for the purpose of making audit, examination, excerpts, and transcriptions. 6.10 Compliance with laws; Work by Illegal Aliens Prohibited 6.10.1 ENGINEER shall be solely responsible for compliance with all applicable federal, state, and local laws concerning its performance of services under this AGREEMENT; for payment of all applicable taxes; and obtaining and keeping in force all applicable licenses and certificates. 6.10.2 Exhibit B, the "Town of Firestone Public Services Contract Addendum -Prohibition Against Employing Illegal Aliens", is attached hereto and incorporated herein by 11 reference. There is also attached hereto a copy of ENGINEER'S Pre -Contract Certification which ENGINEER has executed and delivered to the TOWN prior to ENGINEER's execution of this AGREEMENT. SECTION 7 - EXTENT OF AGREEMENT This AGREEMENT (consisting of pages 1 to 12, inclusive), and the attached Exhibits A and B, constitute the entire AGREEMENT between TOWN and ENGINEER and supersede all prior written or oral understandings. This AGREEMENT and said Exhibits may only be amended, supplemented, modified, or canceled by duly executed written instrument. In witness whereof, the parties hereto have made and executed this AGREEMENT as of the day and year signed by the TOWN. TOWN OF FIRESTONE {TOWI&,. By: obbi SiOdelar, Mayor Attest: L_k&aw�w_ Leah Vandersall, Town Clerk Date: SE, )o 12 COLORADO CIVIL GROUP, INC. (ENGINEER) By: David B. Lindsay, President Date: S - /& -o1d /5.., ENGINEERS ($/hr) Senior Project Engineer Project Engineer Design Engineer Exhibit A 2019 Summary of Fees $95 - $130 $90 - $120 $8o - $too CONSTRUCTION INSPECTION ($/hr) Senior Inspector Inspector $70 - $85 $55 - $70 DESIGNER/CAD TECH ($/hr) Senior Designer/Tech Designer/CAD Tech $6o - $75 $45 - $60 ADMINISTRATION/SUPPORT SERVICES($/hr) Secretarial/Clerical $35 - $50 REIMBURSABLES Mileage $0.50/mi. Copies (standard in-house) Labor Rate Copies (standard out -sourced) Cost + 5% Copies (24x36 in-house) Labor Rate Copies (24x36 out -sourced) Cost + 5% Miscellaneous Expenses Cost + 5% Sub -Consultants Cost + 5% 13 Exhibit B Town of Firestone Public Services Contract Addendum Prohibition Against Employing Illegal Aliens Prohibition Against Employing Illegal Aliens. Colorado Civil Group, Inc. (ENGINEER) shall not knowingly employ or contract with an illegal alien to perform work under this contract. ENGINEER shall not enter into a contract with a subcontractor that fails to certify to the ENGINEER that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. ENGINEER has verified or attempted to verify through participating in the basic pilot program as defined in C.R.S. Section 8-17.5-101(1) ("Program") that ENGINEER does not employ any illegal aliens and, if ENGINEER is not accepted into the Program prior to entering into this contract, that ENGINEER shall apply to participate in the Program every three months until ENGINEER is accepted or the contract has been completed, whichever is earlier. This provision shall not be required or effective if the Program is discontinued. ENGINEER is prohibited from using the Program procedures to undertake pre -employment screening of job applicants while this contract is being performed. If ENGINEER obtains actual knowledge that a subcontractor performing work under this contract for services knowingly employs or contracts with an illegal alien, ENGINEER shall: a. Notify the subcontractor and the TOWN within three days that the ENGINEER has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that the ENGINEER shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. ENGINEER shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. Section 8-17.5-102(5). If ENGINEER violates a provision of this Contract required pursuant to C.R.S. Section 8-17.5- 102, the TOWN may terminate the contract for breach of contract. If the contract is so terminated, the ENGINEER shall be liable for actual and consequential damages to the TOWN. 14 Town of Firestone Contractor's Pre -Contract Certification Regarding Employing Illegal Aliens The proposer of public services to the Town of Firestone identified below (hereafter "the Proposer"), hereby certifies as follows: That at the time of providing this certification, Proposer does not knowingly employ or contract with an illegal alien; and that Proposer has participated in or attempted to participate in the Basic Pilot Program administered by the United States Department of Homeland Security in order to verify that it does not employ any illegal aliens. Dated this /01 day of M4 7 , 20 t . Proposer: Colorado Civil Group, Inc. By: Title: President RESOLUTION 1.9-58 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT WITH CESARE, INC., FOR GEOTECHNICAL OBSERVATION AND MATERIAL TESTING SERVICES FOR THE WOOSTER AVENUE STREET REPLACEMENT PROJECT WHEREAS, the Town of Firestone is in need of geotechnical observation and material testing services for its Wooster Avenue Street Replacement Project ("Project"); and WHEREAS, Cesare, Inc., has the skill and experience to perform the required geotechnical observation and material testing services required for the Project; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and Cesare, Inc., for geotechnical observation and material testing services for the Wooster Avenue Street Replacement Project is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 241h day of July, 2019. ;W0tA z 10 .� r io .0 ATTEST: UN", G Leah Vanarsdall, Town Clerk . rrr,Iiiii, Or "'illyashi,- TOWN OF FIRESTONE, COLORADO awki Sind , Mayor AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND CESARE, INC. FOR GEOTECHNICAL ENGINEERING SERVICES 1.0 PARTIES The parties to this Agreement are the Town of Firestone, a Colorado municipal corporation, hereinafter referred to as the "Town", and Cesare, Inc., a Colorado corporation., hereinafter referred to as the "Consultant". 2.0 RECITALS AND PURPOSE 2.1 The Town desires to engage the Consultant for the purpose of providing geotechnical engineering field services as further set forth in the Consultant's Scope of Services (which services are hereinafter referred to as the "Services") for the Wooster Avenue Waterline Replacement Project. 2.2 The Consultant represents that it has the special expertise, qualifications and background necessary to complete the Services. 3.0 SCOPE OF SERVICES The Consultant agrees to provide the Town with the specific Services and to perform the specific tasks, duties and responsibilities set forth in Scope of Services attached hereto as Exhibit "A" and incorporated herein by reference. The Consultant shall furnish all tools, labor and supplies in such quantities and of the proper quality as are necessary to professionally and timely perform the Services. The Consultant acknowledges that this Agreement does not giant any exclusive privilege or right to supply Services to the Town. In its sole discretion, the Town may contract with other consultants to provide the same or similar services during the term of this Agreement. 4.0 COMPENSATION 4.1 The Town shall pay the Consultant for services requested and rendered under this Agreement at the hourly rates plus expenses set forth in Exhibit `°A;" provided, however, that the total amount payable for Services under this Agreement shall in no event exceed $9,960.0 . For services compensated at hourly rates, or on a per -task basis, such rates or costs per task shall not exceed the amounts set forth in Exhibit A. The foregoing amounts of compensation shall be inclusive of all costs of whatsoever nature associated with the Consultant's efforts, including but not limited to salaries, benefits, overhead, administration, profits, expenses, and outside consultant fees. The Scope of Services and payment therefor shall only be changed by a properly authorized amendment to this Agreement. No Town employee has the authority to bind the Town with regard to any payment for any services which exceeds the amount payable under the terms of this Agreement. 4.2 The Consultant shall submit monthly an invoice to the Town for Services rendered and a detailed expense report for pre -approved, reimbursable expenses incurred during the previous month. The invoice shall document the Services provided during the preceding month, identifying by work category and subcategory the work and tasks performed and such other information as may be required by the Town. The Consultant shall provide such additional backup documentation as may be required by the Town. The Town shall pay the invoice within thirty (30) days of receipt unless the Services or the documentation therefor are unsatisfactory. Payments made after thirty (30) days may be assessed an interest charge of one percent (1 %) per month unless the delay in payment resulted from unsatisfactory work or documentation therefor. 5.0 PROJECT REPRESENTATION 5.1 The Town designates Dave Lindsay, Town Engineer, as the responsible Town staff to provide direction to the Consultant during the conduct of the Services. The Consultant shall comply with the directions given by the Town Engineer and such person's designees. 5.2 The Consultant designates John Durkin, Principle, as its project manager and as the principal in charge who shall be providing the Services under this Agreement. Should any of the representatives be replaced, particularly John Durkin, and such replacement require the Town or the Consultant to undertake additional reevaluations, coordination, orientations, etc., the Consultant shall be fully responsible for all such additional costs and services. 6.0 TERM The term of this Agreement shall commence upon execution by the Town and shall proceed until the construction work is completed (currently anticipated to be July 26, 2019), unless sooner terminated pursuant to Section 13, below. The Consultant's services under this Agreement shall commence upon execution of this Agreement by the Town and shall progress so that the Services are completed in a timely fashion consistent with the Town's requirements. 7.0 INSURANCE 7.1 The Consultant agrees to procure and maintain, at its own cost, the policies of insurance set forth in Subsections 7.1.1 through 7.1.4. The Consultant shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Agreement by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. The coverages required below shall be procured and maintained with forms and insurers acceptable to the Town. All coverages shall be continuously maintained from the date of commencement of services hereunder. The required coverages are: 7.1.1 Workers' Compensation insurance to cover obligations imposed by the Workers' Compensation Act of Colorado and any other applicable laws for any employee engaged in the performance of work under this contract. Evidence of qualified self - insured status may be substituted, 7.1.2 Consultant's own automobile liability and physical damage insurance and physical damage insurance for any vehicle used in performing services for the Town, in amounts not less than prescribed by Colorado law (currently $25,000 per person/$50,000 per accident bodily injury and $15,000 per accident property damage). 7.1.3 Professional liability insurance against errors and omissions with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate. 7.1.4 General liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate. The policy shall include the Town of Firestone, its officers and its employees, as additional insureds, with primary coverage as respects the Town of Firestone, its officers and its employees, and shall contain a severability of inters provision. 7.2 The Consultant's general liability insurance, automobile liability and physical damage insurance, and prefe9murrai4i-abi44y4ns4rmrfce shall be endorsed to include the Town, and its elected and appointed officers and employees, as additional insureds, unless the Town in its sole discretion waives such requirement. Every policy required above shall be primary insurance, and any insurance carried by the Town, its officers, or its employees, shall be excess and not contributory insurance to that provided by the Consultant. Such policies shall contain a severability of interests provision. The Consultant shall be solely responsible for any deductible losses under each of the policies required above. 7.3 Certificates of insurance shall be provided by the Consultant as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the Town. No required coverage shall be cancelled, terminated or materially changed until at least 30 days prior written notice has been given to the Town. The Town reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 7.4 Failure on the part of the Consultant to procure or maintain policies providing the required coverages, conditions, And minimum limits shall constitute a material breach of contract upon which the Town may immediately terminate the contract, or at its discretion may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Consultant to the Town upon demand, or the 'town may offset the cost of the premiums against any monies due to Consultant from the Town. 7.5 The parties understand and agree that the Town is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., 10 C.R,S., as from time to time amended, or otherwise available to the Town, its officers, or its employees. 8.0 INDEMNIFICATION To the fullest extent permitted by law, the Consultant agrees to indemnify and hold harmless the Town, and its elected and appointed officers and its employees, from and against all liability, claims, and demands, on account of any injury, loss, or damage, which arise out of or are connected with the services hereunder, if such injury, loss, or damage is caused by the negligent act, omission, or other fault of the Consultant or any subcontractor of the Consultant, or any officer, employee, or agent of the Consultant or any subcontractor, or any other person for whom Consultant is responsible. The Consultant shall investigate, handle, respond to, and provide defense for and defend against any such liability, claims, and demands. The Consultant shall further bear all other costs and expenses incurred by the Town or Consultant and related to any such liability, claims and demands, including but not limited to court costs, expert witness fees and attorneys' fees if the court determines that these incurred costs and expenses are related to such negligent acts, errors, and omissions or other fault of the Consultant. The Town shall be entitled to its costs and attorneys' fees incurred in any action to enforce the provisions of this Section 8.0. The Consultant's indemnification obligation shall not be construed to extend to any injury, loss, or damage which is caused by the act, omission, or other fault of the Town. 9.0 QUALITY OF WORK Consultant's professional services shall be in accordance with the prevailing standard of practice normally exercised in the performance of services of a similar nature in the Denver metropolitan area. 10.0 INDEPENDENT CONTRACTOR Consultant and any persons employed by Consultant for the performance of work hereunder shall be independent contractors and not agents of the Town. Any provisions in this Agreement that may appear to give the Town the right to direct Consultant as to details of doing work or to exercise a measure of control over the work mean that Consultant shall follow the direction of the Town as to end results of the work only. As an independent contractor, Consultant is not entitled to workers' compensation benefits except as may be provided by the independent contractor nor to unemployment insurance benefits unless unemployment compensation coverage is Provided by the independent contractor or some other entity. The Consultant is oblisiated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 11.0 ASSIGNMENT Consultant shall not assign or delegate this Agreement or any portion thereof, or any monies due to or become due hereunder without the Town's prior written consent. 4 12.0 DEFAULT Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default. 13.0 TERMINATION 13.1 This Agreement may be terminated by either party for material breach or default of this Agreement by the other party not caused by any action or omission of the other party by giving the other party written notice at least thirty (30) days in advance of the termination date. Termination pursuant to this subsection shall not prevent either party from exercising any other legal remedies which may be available to it. 13.2 In addition to the foregoing, this Agreement may be terminated by the Town for its convenience and without cause of any nature by giving written notice at least fifteen (15) days in advance of the termination date. In the event of such termination, the Consultant will be paid for the reasonable value of the services rendered to the date of termination, not to exceed a pro -rated daily rate, for the services rendered to the date of termination, and upon such payment, all obligations of the Town to the Consultant under this Agreement will cease. Termination pursuant to this Subsection shall not prevent either party from exercising any other legal remedies which may be available to it. 14.0 INSPECTION AND AUDIT The Town and its duly authorized representatives shall have access to any books, documents, papers, and records of the Consultant that are related to this Agreement for the propose of making audits, examinations, excerpts, and transcriptions. 15.0 DOCUMENTS All computer input and output, analyses, plans, documents photographic images, tests, maps, surveys, electronic files and written material of any kind generated in the performance of this Agreement or developed for the Town in performance of the Services are and shall remain the sole and exclusive property of the Town. All such materials shall be promptly provided to the Town upon request therefor and at the time of termination of this Agreement, without further charge or expense to the Town. Consultant shall not provide copies of any such material to any other party without the prior written consent of the Town. 16.0 ENFORCEMENT 16.1 In the event that suit is brought upon this Agreement to enforce its terms, the prevailing party shall be entitled to its reasonable attorneys' fees and related court costs. 5 16.2 Colorado law shall apply to the construction and enforcement of this Agreement. The parties agree to the jurisdiction and venue of the courts of Weld County in connection with any dispute arising out of or in any matter connected with this Agreement. 17.0 COMPLIANCE WITH LAWS; WORK BY ILLEGAL ALIENS PROHIBITED 17.1 Consultant shall be solely responsible for compliance with all applicable federal, state, and local laws, including the ordinances, resolutions, rules, and regulations of the Town; for payment of all applicable taxes; and obtaining and keeping in force all applicable permits and approvals. 17.2 Exhibit B, the "Town of Firestone Public Services Contract Addendum -Prohibition Against Employing Illegal Aliens", is attached hereto and incorporated herein by reference. There is also attached hereto a copy of Consultant's Pre -Contract Certification which Consultant has executed and delivered to the Town prior to Consultant's execution of this Agreement. 18.0 INTEGRATION AND AMENDMENT This Agreement represents the entire Agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. 19.0 NOTICES All notices required or permitted under this Agreement shall be in writing and shall be given by hand delivery, by United States first class mail, postage prepaid, registered or certified, return receipt requested, by national overnight carrier, or by facsimile transmission, addressed to the party for whom it is intended at the following address: If to the Town: Town of Firestone Attn: Town Manager 151 Grant Ave. P.O. Box 100 Firestone, Colorado 80520 Telephone: (303) 833-3291 Fax: (303) 833-4863 If to the Consultant: John Durkin, PE Cesare, Inc. 7108 South Alton Way, Building B Centennial, CO 80112 2 Any such notice or other communication shall be effective when received as indicated on the delivery receipt, if by hand delivery or overnight carrier; on the United States mail return receipt, if by United States mail; or on facsimile transmission receipt. Either party may by similar notice given, change the address to which future notices or other communications shall be sent. 20.0 EQUAL OPPORTUNITY EMPLOYER 20.1 Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, disability or national origin. Consultant will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, age, sex, disability, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, Iayoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notice to be provided by an agency of the federal government, setting forth the provisions of the Equal Opportunity Laws. 20.2 Consultant shall be in compliance with the applicable provisions of the American with Disabilities Act of 1990 as enacted and from time to time amended and any other applicable federal, state, or local laws and regulations. A signed, written certificate stating compliance with the Americans with Disabilities Act maybe requested at any time during the life of this Agreement or any renewal thereof. In witness whereof, the parties have executed this Agreement to be effective as of the day and year of signed by the Town. TOWN OF FIRESTONE, a Colorado Municipal Corporation I0 i Sin'iplar, Mayor Attest: N CESARE, INC. a Colorado corporation, By: c... Date: .tune 24, 2019 Title: _Principal Engineer___ 7 EXHIBIT A SARE, INC. G weeludeal L• nglneers & Conslrnedon Materials Consultants June 21, 2019 Ms. Lindsey Green, P.E. Colorado Civil Group, Inc. 5110 Granite Street, Unit D Loveland, CO 80538 Subject: Proposal for Materials Testing and Construction Observation Wooster Avenue Street Replacement Firestone, Colorado Proposal No. F190601 Dear Ms. Green: Cesare, Inc. (Cesare) is pleased to submit this proposal for quality assurance materials testing and construction observation for the Wooster Avenue Street Replacement project in the Town of Firestone, Colorado. The project generally consists of: ICI removing exiting asphalt paving on Wooster Avenue for approximately 1,640 feet between 1st Street and 4th Streets 101 concrete curb, gutter, and sidewalk removal at various locations C-I earthwork and backfill, placement and compaction of materials, as necessary, to construct the roadway subgrade 1 construction of concrete curb, gutter, and sidewalk, F0l placement of 5 inches of full depth new asphalt pavement Iti01 striping and signage V1 storm water and erosion control 101 traffic control V miscellaneous appurtenances Based on project plans dated June 2019 and Town of Firestone specifications, this project will require material testing and observation during construction. The project is anticipated to be awarded in July 2019 construction will start shortly thereafter with project completion anticipated by October 2019. Based on our understanding of the project and previous experience providing material testing on similar construction projects in the Town of Firestone, we propose the following: Corporate Office: 7108 South Alton Way, Building B e Centennial, CO 80112 Locations: Centennial ® Frederick a Silverthorne o Salida/Crested Butte Phone 303-220-0300 ® www.cesareinc.com CESARE, INC. TASK 1— EARTHWORK TESTING AND FIELD OBSERVATION Cesare personnel will obtain samples of onsite and import soil, and conduct laboratory testing, as necessary, to determine applicable engineering properties. Cesare will observe embankment fill, structural fill, trench backfill and aggregate base material placement, as requested. Field tests will be performed for moisture and density using test method ASTM D6938 (nuclear gauge method), as necessary and required per project specifications; and observe subgrade conditions for structures and pavement areas prior to placement of concrete or hot mix asphalt. i4ki_*1WL Cesare personnel will conduct concrete tests in accordance with project specifications using ASTM test standards. Sets of five cylinders will be cast for compressive strength determinations. Four inch by eight inch cylinders will be utilized, unless otherwise required. One cylinder will be compression tested at 3 days or earlier as requested, one cylinder will be tested at 7 days, two cylinders will be tested at 28 days, and one cylinder will be held. The held cylinder will not be tested unless the 28 day compressive strength average does not achieve specified strength. At a minimum, concrete wet properties testing will be conducted on the first load of the day, and one set of cylinders will be obtained for every 50 cubic yards of each type of concrete placed In any one day, or a minimum of one set per day of placement. In accordance with ACI 301 criteria, Cesare will make reasonable- efforts to accomplish curing in general accordance with ASTM C31. It is essential for concrete to cure properly, especially at early age, therefore, onsite curing facilities should be jointly developed and agreed to prior to the onset of concrete construction. TASK 3 — HOT MIX ASPHALT (HMA) TESTING Cesare personnel will conduct density tests on the in -place HMA using a nuclear density gauge (ASTM D2950 test method). As a minimum, one density test will be conducted for each 150 feet per lane of lift of HMA placed, with a minimum of two tests, per lift, in each area placed. Bulk samples of the LIMA will be collected during placement and tested in the laboratory for maximum theoretical specific gravity, asphalt content, and gradation. TASK 4 — LABORATORY TESTING Laboratory testing will be performed as indicated in the Quality Assurance Materials Testing and Construction observation Cost Estimate (attached). TASK 5 — REPORTING, CONSTRUCTION MEETINGS AND SITE VISITS Field, laboratory, and summary reports will be issued electronically that summarize the field testing, field observations, and laboratory testing for Tasks 1 through 4. The reports will be emailed to designated parties, as requested. During the course of construction, however, we will inform you of test results, especially any results failing to meet specifications. Cesare commits to our attendance at construction meetings with owners and contractors. We anticipate project oversite and site visits by Cesare project manager as needed. F190601 Wooster Avenue Street Replacement Proposal 06.21.19 CESARE, INC. ESTIMATED FEES Cesare's estimated fees are shown in the Quality Assurance Materials Testing and Construction Observation Cost Estimate (attached). All final costs are a function of time spent on each task at the assigned fee rate. This proposal is an estimate of the number of hours that will be spent on each task based on the information provided, the plans and specifications, other jobs of similar size, and assumes no significant problems due to non-conformance or delay by the subcontractors or contractor. Cesare will perform tasks on an "as needed" basis. Cesare requires a minimum 24 hours notice for all testing and construction observation. All requests for services on weekend days must be scheduled by 4:00 PM on Thursday. All scheduling must be conducted through Cesare's assigned, project manager or main office and not through field personnel unless other arrangements are made prior to Cesare rendering services. Should additional services be required outside this scope of work, they may be provided at the hourly rates listed in our current schedule of fees, only after Client's authorization in writing. Our proposal assumes a workday of 8 hours and a workweek of 40 hours. Fees exceeding 8 hours per day or 40 hours per week and hours worked on weekends will include an Overtime Premium at a rate of 1.3 times the rates indicated in our schedule of fees. Hours worked on Cesare paid holidays will be invoiced at 2 times the standard rate indicated. A Night Shift Premium will be invoiced at the Standard Rate plus $5 per hour (6 PM to 6 AM). F190601 Wooster Avenue Street Replacement Proposal 06.21.19 3 QUALITY ASSURANCE MATERIALS TESTING AND CONSTRUCTION OBSERVATION COST ESTIMATE KISARE. INC. Wooster Avenue Street Replacement r,.r..irr.,e.,...�e'..+..+.+u.,a.,.e:...F... Town of Firestone, Worado Proposal No. F190601 June 21. 2019 Estimated Trips/. Quantity Trip Rate. Total Eatthwork Testlng and Field Observation Field technician soil 10 225 J2,250 Field technician soil samplepick-up) 1 100 100 Earthwork Te na Subtotal 2 350 Concrete Testis Field technician concrete 4 254 $1,000 Field technician concrete 01nder Ick u 4 100 400 Concrete Testing Subtotal $1,400 Hot Mix Asphalt Testis Field technician -full day (asphalt) 4 750 $3,000 Hot Mlx As haltTestin Subtotal $3,000 LabaratoryTesting Proctor and classlflcation 2 325 650 Compressive strength testis 5 cylinders per set 20 15 300 Theoretical maximumspecific rave Rlce value 4 80 320 AC content chemical extraction with radation 4 235 940 Laboratory Te'sing Subtotal 2,210 Reporting, Construction Meetings and Site Visits 4 250 1000 Estimated Total $9,960 1) Trip rate Includes travel, equipment, field testing, project management, principal review, and daily reporting. 2) -Rip rate for embankment and baddill testing technician Is based on 3 hours onsite, travel and field documentation. 3) Trlp rate for concrete testing technician is teased on 3 hours onsite, travel and field documentation. 4) Trip rate for asphalt testing techniclan Is based on 10 hours onsite, travel and field documentation. 5) Additional technician time onslte and sample pick-up wail be charged at $85 per hour. 6) Additional trips over the estimated quantity will be invoiced at the trip rate Indicated above. 7) Additional laboratory testing, engineering, and consultation will be provided "as needed' or requested at schedule of fees. Corporate Mice: 7108 South Alton Way, Building B r Centennial, CO 80112 Locations: Centennial . Frederick . Sllverthorne • crested Buttelsaihda Phone303-220-0300 • WWW.cesareinr_co r F190601 WoxW Avenue Street Replacement Cost Bbroate 06.21.19 Page 1 or 1 Exhibit B Town of Firestone Public Services Contract Addendum Prohibition Against Employing Illegal Aliens Prohibition Against Employing Illegal Aliens. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract, Contractor will participate in either the E-verify program or the Department program, as deigned in C.R.S. § § 8-17.5-101(3.3) and 8-17.5-101(3.7), respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. Contractor is prohibited from using the E-verify program or the Department program procedures to undertake pre -employment screening of job applicants while this contract is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this contract for services knowingly employs or contracts with an illegal alien, Contractor shall: a. Notify the subcontractor and the Town within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. § 8-17.5-102(5). If Contractor violates a provision of this Contract required pursuant to C.R.S. § 8-17.5-102, Town may terminate the contract for breach of contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the Town. Pre -Contract Certification in Compliance with C.R.S. Section 8-17.5-102(1) From; Cesare, Inc. (Prospective Contractor) To: Town of Firestone As a prospective independent contractor for the above -identified project, I (we) do hereby certify that, as of the date of this certification, the undersigned does not knowingly employ or contract with an illegal alien; and that the undersigned will participate in the E-Verify employment verification program administered jointly by the United States Department of Homeland Security and the Social Security Administration or the employment verification program of the Colorado Department of Labor and Employment Program, as defined in C.R.S. § § 8-17.5-101(3.3) and 8-17.5-101(3.7), respectively, in order to confirm the employment eligibility of any employees hired since the date of Us contract to perform work under this contract. Executed this 24th day of June , 2019. Prospective Contractor: Cesare, Inc. By: Title: Principal Engineer Attest. 1 l: 0 RESOLUTION 19-57 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND PLM ASPHALT AND CONCRETE, LLC, REGARDING CONSTRUCTION OF THE WOOSTER AVENUE STREET REPLACEMENT PROJECT WHEREAS, the Town of Firestone is in need of construction services for its Wooster Avenue Street Replacement Project ("Project"), and WHEREAS, PLM Asphalt and Concrete, LLC, has been selected as the Project's lowest responsive bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and PLM Asphalt and Concrete, LLC, for construction of the Wooster Avenue Street Replacement Project is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this I Qth day of July, 2019. �1RES Tp� .�'''�• roWN F r SEAL} ATTEST: .....•Q�0 Leah Vanarsdall, Town Clerk AA D AS TO FORM: Willia Hayashi, Town Attorney TOWN OF FIRESTONE, COLORADO Td* , �t �& B641 Sind-e'tdr, Mayor SECTION 00520 AGREEMENT THIS AGREEMENT is by and between Town of Firestone ("Owner") and PLM Asphalt & Concrete, LLC. ("Contractor") Owner and Contractor hereby agree as follows: ARTICLE 1 —WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The contract provides for street improvements on Wooster Avenue from First Street to Fourth Street. The improvements are approximately 1,650 linear feet long and include removing and replacing portions of existing curb, gutter and sidewalk, intersection cross - pans and roadway asphalt. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Town of Firestone Wooster Avenue Street Replacement Project ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Colorado Civil Group _Inc. (Engineer), which is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment This project wit[ be completed by the substantial and final completion dates of October 18, 2019 and October 25, 2019 respectively. Work can be sequenced and planned as needed and desired by the selected contractor in order to meet their needs and schedules as long as the completion dates set forth are maintained. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner one thousand four hundred dollars ($1,400.00) for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner one thousand four hundred dollars ($1,400.00) for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01 A below: A. For all Work, at the prices stated in the Contractor's Sid, attached hereto as an exhibit. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 41h Wednesday of each month, for the previous months work, during performance of the Work as provided in Paragraph 6.02 A 1 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07 A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions. a. 90 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 90 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02 B 5 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 — INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 1_0 percent per annum. ARTICLE S — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliable "technical data", and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions as containing reliable "technical data". E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site - related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations and documents on (1) the cost, progress and performance of the Work; (2) the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01 E above, Contractor does not consider that further examinations, investigations, explorations, tests, studies or data are necessary for the performance of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor shall perform no less than 50% of the work with their own forces. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 6, inclusive). 2. Performance bond. 3. Payment bond. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings with each sheet bearing the following general title and number of sheets (shown in parenthesis): "Wooster Avenue Street Replacement Project" (13 Sheets) ! f_ 8. Addenda (numbers 0 to 0, inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid. b. Documentation submitted by Contractor prior to Notice of Award. 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. B. The documents listed in Paragraph 9.01 A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound, and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice means the offering, giving, receiving or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to hart, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on Zb q . OWNER: Town of Firestone Attest: hall a Title: Town Clerk Address for giving notices: 1;;l rrnnt Avenue P.O. Box 100 Firestone, CO 80520 CONTRACTOR TL" r, Co V\. LL--C- By: 4- . Title: i�ro If Contractor is a corporation, partnership or joint venture, attach evidence of authority to sign.) i Atte Title; Address for giving notices: License No.: f C a T a Pa ment s - Firestone, CO $50.00 Town of Firestone Town Merchant Name Clerk First ]Name Laura Middle Initial Last Name Mitzner Address 3313 Moline Street City Aurora Country United States State Colorado Postal Code 80010 Phone US +1 303-287-0777 Email Address Lmitzner@plmus.com Bill Payment Amount $50.00 Conv. 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Heartland Privacy Policy I Terms of Use A Gras.of n�ynand comwnr RESOLUTION 19-56 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE; COLORADO, APPROVING " A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND BAREFOOT, LLC REGARDING CONSTRUCTION AND PROVISION OF PUBLIC DRAINAGE IMPROVEMENTS WHEREAS, Barefoot, LLC ("Barefoot") is the owner of Tract A, Barefoot Lakes Filing No. 2 and the owner of an unplatted parcel of land within the Northwest Quarter of Section 36, Township 3 North, Range 68 West, lying east of and immediately adjacent to Tract A, Barefoot Lakes Filing No. 2 (the "Property"); and WHEREAS, a Final Utility Plan ("FUP") titled Barefoot Lakes - Culvert Design, has been approved for the Property, which will require construction of certain public drainage improvements and related structures; and WHEREAS, the Town of Firestone (the "Town") and Barefoot desire to enter into a development agreement to set forth the parties' responsibilities and obligations related to the construction, installation and maintenance of the public drainage improvements; and WHEREAS, the Board of Trustees has determined that this development agreement is consistent with the Town's applicable regulations, and the Town's approval of the FUP for the Property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Development Agreement between the Town of Firestone and Barefoot, LLC, for the construction and provision of certain public drainage improvements is approved in substantially the same form as the copy attached hereto as "Exhibit A" and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 26th day of June, 2019. ATTEST. Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO ESTOi Si TO' N SEA, 10 ti AMR S TO FORM: Williamla a ashi, Town Attorney EXHIBIT A [Barefoot Lakes Culvert Crossing Development Agreement] DEVELOPMENT AGREEMENT [Barefoot Lakes Culvert Crossing] THIS AGREEMENT is made and entered into this day ofOl, 20A by and between the TOWN OF FIRESTONE, a Colorado municipal corporation whose address is 151 Grant Avenue, Firestone, CO 80520 ("Town") BAREFOOT LLC, a Colorado limited liability company f/k/a Can-na Bayshore LLC, a Colorado limited liability company, whose address is 6465 S. Greenwood Plaza Boulevard, Suite 700, Centennial, CO 80111 ("Owner"). WHEREAS, Owner is the owner of Tract A, Barefoot Lakes Filing No. 2 and the owner of an unplatted parcel of land within the Northwest Quarter of Section 36, Township 3 North, Range 68 West, lying east of and immediately adjacent to Tract A, Barefoot Lakes Filing No. 2 (the "Property"); and WHEREAS, the Town and Owner have entered into a Development and Vested Rights Agreement for the Barefoot Lakes Annexation dated May 27, 2015 (the "DVR Agreement"), which agreement was recorded with the Weld County Clerk and Recorder on October 12, 2015 at Reception No. 4149333; and WHEREAS, a Final Utility Plan ("FUP") titled Barefoot Lakes - Culvert Design, prepared by Redland Consulting and approved by the Town on May 22, 2019 has been approved for the Property, a copy of which FUP is attached hereto as Exhibit A, and which FUP will require construction of the public improvements set forth herein; and WHEREAS, the development regulations of the Town require that the Owner enter into a Development Agreement ("Agreement") with the Town relative to improvements related to the FUP. NOW, THEREFORE, in consideration of the foregoing, the parties hereto promise, covenant and agree as follows: I . Owner Obli ation. The Owner shall be responsible for performance of the covenants set forth herein. 2. Construction Deadline, Warranty; Acceptance of Public Improvements. (a) Owner shall at its sole expense construct and install, on or before October 1, 2021, all drainage and related improvements (collectively the "Public Improvements") required by the approved FUP for Barefoot Lakes Culvert Crossing attached hereto as Exhibit A, which Public Improvements are set forth in Exhibit B. All such Public Improvements shall be completed by such date and in full conformance with the FUP and with all other applicable drawings, plans and specifications approved in writing by the Town, and with all applicable ordinances, rules and regulations of the Town. (b) No later than fourteen (1.4) days after the Public Improvements are completed, Owner shall request inspection of the same by the Town. If Owner does not request this inspection within 2019 06-21 Barefoot Lakes Culvert Crossing DA.DRAFT MO revision [CLEAN] fourteen (14) days of completion of improvements, the Town may conduct the inspection without the approval of Owner. Owner shall provide "as -built" drawings, in both hard copy and electronic file format acceptable to the Town, and a certified statement of construction costs. If Owner has not completed the Public Improvements on or before the completion date set forth in subsection (a), the Town may exercise its rights to secure performance as provided in Section 4 of this Agreement. If Public Improvements completed by Owner and as -built drawings provided by the Owner are satisfactory, the Town shall grant Conditional Acceptance, which shall be subject to Final Acceptance as set forth in subsection (d). If the Public Improvements completed by Owner are unsatisfactory, the Town shall provide written notice to Owner of the repairs, replacements, construction or other work required to receive Conditional Acceptance. Owner shall complete all needed repairs, replacements, construction or other work within thirty (30) days of said notice, unless delayed by weather or other Force Majeure event, as defined below. After Owner completes the repairs, replacements, con- struction, or other work required, Owner shall request the Town re -inspect the work to determine if Conditional Acceptance can be granted, and the Town shall provide written notice to Owner of the acceptability or unacceptability of such work prior to proceeding to complete any such work at Owner's expense. If Owner does not complete the repairs, replacements, construction or other work required within thirty (30) days of said notice, subject to delays as provided above, the Town may exercise its rights to secure performance as provided in Section 4 of this Agreement. The Town reserves the right to schedule re -inspections, depending upon scope of deficiencies. (c) Until such time as the Town grants Final Acceptance, Owner shall warrant all Public Improvements and, at its own expense, take all actions necessary to maintain said improvements and make all needed repairs or replacements which, in the reasonable opinion of the Town, shall become necessary. if within thirty (30) days after Owner's receipt of written notice from the Town requesting such repairs or replacements, the Owner has not completed such repairs, the Town may exercise its rights to secure performance as provided in Section 4 of this Agreement. (d) At least thirty (30) days before one (1) year has elapsed from the issuance of Conditional Acceptance, or as soon thereafter as weather permits, Owner shall request a Final Acceptance inspection. The Town shall inspect the improvements and shall notify the Owner in writing of all deficiencies and necessary repairs, if any. If there are no deficiencies, or after Owner has corrected all deficiencies and made all necessary repairs identified in said written notice, the Town shall grant written Final Acceptance. If Owner does not correct all deficiencies and make repairs identified in said inspection to the Town's satisfaction within thirty (30) days after receipt of said notice, weather permitting, the Town may exercise its rights to secure performance as is provided in Section 4 of this Agreement. 3. Financing and Improvement Guarantees. (a) Except as otherwise specially agreed herein, the Owner agrees to install and pay for all improvements described in Exhibit B or otherwise required by this Agreement as shown on the approved utility plans shown on Exhibit A. Said Improvement Guarantee shall include, but not be limited to, street construction, storm sewer and drainage improvements. 2019 06-21 Barefoot Lakes Culvert Crossing DA.D.RAFT MO revision [CLEAN] 2 (b) Prior to commencing construction of the Public Improvements, Owner shall submit to the Town the following Improvement Guarantees for all Public improvements related to the phase: (1) Owner shall provide a letter of credit in form and substance as shown in Exhibit C as the Improvement Guarantee in an amount equal to one hundred percent (100%) of the total estimated cost, including labor and materials, to secure the performance of erosion control, dust management, and site stabilization work in the amount shown in Exhibit B; and (2) For the remainder of the Public Improvements set forth in Exhibit B, Owner shall provide cash, letter of credit in form and substance as shown in Exhibit C, or a bond, in an amount equal to one hundred percent (100%) of the total estimated cost, including labor and materials, of the Public Improvements for each phase not secured by the letter of credit provided pursuant to subsection (b)(1), above. If the Owner provides a bond, the bond must be in accordance with the requirements set forth in the DVR Agreement. (c) The term of every Improvement Guarantee provided by Owner shall be for a period of time sufficient to cover the completion of construction of the Public Improvements for the phase and, except as set forth in subsection (d) below, shall not be released until conditional acceptance of the Public Improvements for such phase has been granted by the Town. If the Owner provides a letter of credit, the letter of credit shall not expire during the winter season (November 1 — March 1). (d) At the time of conditional acceptance of all of the Public Improvements, the Town shall reduce the amount of the required Improvement Guarantees to fifteen percent (15%) of the certified statement of construction costs. (e) At the time of final acceptance of the Public Improvements, the Town shall release the remaining Improvement Guarantee, provided no mechanics' liens have been filed with respect to the Public Improvements and the Owner is not otherwise in breach of this Agreement. If any mechanics' liens have been filed with respect to the Public Improvements, the Town may retain all or a portion of the Improvement Guarantee up to the amount of such liens. If Owner fails to have improvements for any phase finally accepted within one (1) year of the date of the issuance of conditional acceptance or any improvements are found not to conform to this Agreement, or to applicable Town standards and specifications, then Owner shall be in default of the Agreement and the Town may exercise its rights under Section 4 of this Agreement. (f) In addition to any other remedies it may have, the Town may, at any time prior to Final Acceptance, draw on any Improvement Guarantee issued or provided pursuant to this Agreement if Owner fails to extend or replace any such Improvement Guarantee at least thirty (30) days prior to expiration of such improvement Guarantee. If the Town draws on the guarantee to correct deficiencies and complete improvements, any portion of said guarantee not utilized in correcting the deficiencies and/or completing improvements shall be returned to Owner within thirty (30) days after said final acceptance. In the event that the Improvement Guarantee expires or the entity issuing the Improvement Guarantee becomes non -qualifying, or the cost of improvements and 2019 06-21 Barefoot Lakes Culvert Crossing DA.DRAFT MO revision [CLEAN] 3 construction for a phase is reasonably determined by the Town to be greater than the amount of the security provided for such phase, then the Town shall furnish written notice to the Owner of the condition, along with supporting documentation, and within thirty (30) days of receipt of such notice the Owner shall provide the Town with a substituted qualifying hmprovement Guarantee, or augment the deficient security as necessary to bring the security into compliance with the requirements of this Section; 3. If such an Improvement Guarantee is not submitted or maintained, then Owner is in default of this Agreement and is subject to the provisions of Section 4 of this Agreement, as well as the suspension of development activities by the Town including, but not limited to, the issuance of building permits and certificates of occupancy; provided, however, that no additional 30-day notice to cure under Section 4 is required prior to the suspension of the issuance of building permits and certificates of occupancy. (g) Notwithstanding any provision herein to the contrary, the right to provide a bond as security for the completion of Public Improvements as set forth in subsection (b)(2), above, is personal to Barefoot LLC, a Colorado limited liability company, as Owner and may be exercised by Barefoot LLC only for so long as Barefoot LLC is a wholly owned subsidiary of Brookfield Residential Properties, Inc., and Barefoot LLC does not have the right to assign this right to any third party. Notwithstanding any provision herein to the contrary, successors and/or assigns of Barefoot LLC shall not be able to provide a bond or bonds as security for the completion of Public Improvements, but shall provide a letter of credit in a form and substance acceptable to the Town in its sole discretion. 4. Breach of Agreement. In the event that the Owner should fail to timely comply with any of the terms, conditions, covenants and undertakings of the Agreement, and if such noncom- pliance is not cured and brought into compliance within thirty (30) days of written notice of breach of the Owner by the Town, unless the Town in writing and in its sole discretion designates a longer cure period, then the Town may exercise any one or more of the following rights and remedies: (a) immediately upon the expiration of such cure period draw upon the Guarantee, which may be used by the Town to complete or cause to be completed any or all of the Public Improvements at Owner's expense; (b) restrict or withhold the issuance of any building permits, COs or other approvals or permits; (c) if the Town so chooses, complete the required Public Improvements with funds other than the Guarantee, in which event Owner shall reimburse the Town within thirty (30) days after receipt of written demand and supporting documentation from the Town; or (d) pursue any other remedy at law or in equity that may be appropriate under municipal, state or federal Iaw, including but not limited to an action for specific performance. All notices by the Town to the Owner will specify the conditions of default. All costs incurred by the Town, including, but not limited to, administrative costs, court costs and reasonable attorney fees, in pursuit of any remedies due to the breach by the Owner shall be the responsibility of the Owner. The Town may deduct these costs from the Guarantee. All of the foregoing rights and remedies of the Town shall be cumulative, and the Town may exercise any one or all of such rights and remedies without prejudice to any other right or remedy available to the Town. No act, event or omission will be a breach hereunder if the Owner's failure to perform is caused by Force Majeure or by any act, omission or default by the other Party. As used herein, "Force Majeure" shall mean delays of Owner in performing hereunder which are caused by or related to governmental moratoria or similar development restrictions processing delays, 2019 06-21 Barefoot Lakes Culvert Crossing DA.DRAFT MO revision [CLEAN] 4 strikes, work shortages, acts of God or any other matter beyond Owner's control. In the event of any force majeure event, the date on which Owner was otherwise obligated to perform shall be deemed automatically extended for a like number of days as the duration of the force majeure event. 5. Testing and Inspection. (a) Owner shall employ, at its own expense, a licensed and registered testing company, previously approved by the Town in writing, to perform all testing of materials or construction that may reasonably be required by the Town, including but not limited to compaction testing for embankment fills, structural backflls, pipe bedding, trench backflls, subgrades, road base course and asphalt, and concrete strength testing, and shall furnish copies of test results to the Town on a timely basis for Town review and approval prior to commencement or continuation of construction to which the testing is applicable. In addition, at all times during said construction the Town shall have access to inspect the materials and workmanship of said construction, determine the progress of the work, and determine compliance of the work with the approved plans and the Town's construction regulations, and all materials and work not conforming to such regulations, plans and specifications shall be repaired or removed and replaced at Owner's expense so as to conform to such regulations, plans and specifications. Until Final Acceptance, the Owner shall be responsible for, and shall promptly pay upon receipt of invoice therefor, all actual costs incurred by the Town for engineering, planning, inspection, testing, and legal services related to the Public Improvements to be constructed under this Agreement or to the administration of this Agreement. (b) All work shown on the approved Public Improvement plans shall be subject to inspection by the Town. Inspection by the Town shall not relieve the Owner from compliance with the approved plans and specifications or the Town's construction regulations. Inspection services requiring the presence of Town staff are provided Monday through Friday, except legal holidays, from 9:00 a.m. to 4:00 p.m. During the hours listed above, inspections shall be scheduled a minimum of forty-eight (48) hours in advance with the Town. Requests for inspection services beyond the hours listed above, shall be submitted in writing a minimum of forty-eight (48) hours in advance to the Town for approval. If the request is denied, the work shall not proceed after the time requested until an inspection has been performed during the hours listed above. The Owner shall comply with all notification and inspection requirements of the sanitation district serving the property with regard to sanitary sewer and storm drainage improvements. 6. Recording of Aprccment. The Town shall record this Agreement at Owner's expense in the office of the Clerk and Recorder, County of Weld, State of Colorado, and the Town shall retain the recorded Agreement. 7. Binding Effect of Agreement. This Agreement shall run with the Property and shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 8. Assignment, Delegation and Notice. Owner shall provide to the Town for approval written notice of any proposed transfer of the Property to any successor, as well as arrangements, if 2019 06-21 Barefoot Lakes Culvert Crossing DA_DRAFT MO revision [CLEAN] any, for assignment or delegation of the obligations hereunder. Owner and successor shall, until written Town approval of the proposed transfer of title and assignment or delegation of obligations, be jointly and severally liable for the obligations of Owner under this Agreement. 9. Modification and Waiver. No modification of the terms of this Agreement shall be valid unless in writing and executed with the same formality as this Agreement, and no waiver of the breach of the provisions of any section of this Agreement shall be construed as a waiver of any subsequent breach of the same section or any other sections which are contained herein. 10. Addresses for Notice. Any notice or communication required or permitted hereunder shall be given in writing and shall be personally delivered, or sent by United States mail, postage prepaid, registered or certified mail, return receipt requested, addressed as follows: TOWN: Town of Firestone Town Clerk 151 Grant Avenue P.O. Box 100 Firestone, CO 80520 With a required copy to: Williamson & Hayashi, LLC Attn: William Hayashi 1650 38t' Street, Suite 103 West Boulder, CO 80301 Cfl�Lf�T:il Barefoot LLC 6465 Greenwood Plaza Blvd #700 Centennial, CO 80111 Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, P.C. 515 Kimbark Street Longmont, CO 80501 or to such other address or the attention of such other person(s) as hereafter designated in writing by the applicable parties in conformance with this procedure. Notices shall be effective upon mailing or personal delivery in compliance with this paragraph. 11. Title and Authority. Owner warrants to the Town that it is the record owner of the Property, and that he has full power and authority to enter into this Agreement. 12. Applicable Law; Venue; Severability. This Agreement is to be governed and construed according to the laws of the State of Colorado. Venue for any action related to this Agreement shall be in the district courts of Weld County. In the event that upon request of Owner or any agent thereof, any provision of the Agreement is held to be violative of the municipal, state, or federal laws and hereby rendered unenforceable, the Town, in its sole discretion, may determine whether the remaining provisions will or will not remain in force. 13. Indemnity. Owner agrees to indemnify and hold harmless the Town and its officers, 2019 06-21 Barefoot Lakes Culvert Crossing DA.DRAFT MO revision [CLEAN] 6 agents, and employees from and against all liability, claims, damages, losses, and expenses, including but not limited to, attorney fees arising out of, resulting from, or in any way connected with this Agreement or the right and obligations of the Owner hereunder. 14. Non -Liability. Owner acknowledges that the Town's review and approval of any plans for the Public Improvements is done in furtherance of the general public health, safety and welfare and that no specific relationship with, or duty of care to the Owner or third parties is assumed by such review approval, or immunity waived, as is more specifically set forth in the Colorado Governmental Immunity Act. 15. Insurance, OSHA. Subdivider shall, through contract requirements and other normal means, guarantee and furnish to the Town proof thereof that all employees and contractors engaged in the construction of improvements are covered by adequate Workers' Compensation Insurance and Public Liability Insurance, and shall require the faithful compliance with all provisions of the Federal Occupational Safety and Health Act (OSHA). 16. Agreement Status After Completion. Upon completion of the Public Improvements and inspection approval thereof by the Town, and provided that no litigation or claim is pending relating to this Agreement, this Agreement shall no longer be in effect. 17. Ownership of Public Improvements. Subject to this Agreement and to any provisions of this Agreement relating to Conditional or Final Acceptance of the Public Improvements stated herein, Owner shall convey to the Town all of the Public Improvements at the time of Conditional Acceptance, free and clear of all liens, encumbrances and restrictions, by bill of sale or other proposed document of conveyance. All improvements made upon Town property or Town rights -of -way or Town easements shall, after conditional acceptance by the Town, be and remain the sole and exclusive property of the Town, free and clear from any and all claims by the Owner or others. 18. Le al Expenses. In the event that it is necessary to initiate legal proceedings to enforce the provisions of this Agreement, the non -prevailing party shall be responsible for all reasonable legal expenses and costs incurred by the prevailing party. 19. Third Party Beneficiaries. This Agreement will not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties will have any right of action hereunder for any cause whatsoever. [SIGNATURE PAGE FOLLOWS] 2019 06-21 Barefoot Lakes Culvert Crossing DA.DRAFT MO revision. [CLEAN] 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. TOWN: TOWN OF FIRESTONE, COLORADO wl/jj'� '�� a-af obbi Si lar, Mayor 2019 06-21 Barefoot Lakes Culvert Crossing DA.DRAFT MO revision [CLEAN] OWNER: BARFEFOOT, LLC Title: V16C 6jG'11-r' and ,� By: Title; ACKNOWLEDGMENT STATE OF COLORADO •) ) ss. COUNTY OF E!i ) The foregoing instrument was acknowledged before me this MrO day of ,I)V Pi 204, by 6HANNor1 �60-volN s as � gj- `and lRA p D?-6 k L.eAZ as �Q ESI OP hI T _ Col (ap of Barefoot, LLC. Witness my hand and official seal. My commission expires: q&!-u d (SEAL) Notary Public LW9 Ann McNamee NOTARY PUBLIC BTATR OF COLORAOO NOTARY 10 MY COMMIDSION LVARES 0210003 2019 06-21 Barefoot Lakes Culvert Crossing DA.DRAFT MO revision [CLEAN] EXHIBIT A FUP — Barefoot Lakes Culvert >PUVU"a x SaMn— x m{r- E33H8 b3AOO o jamw saxvr rnad"ve , � oI! L� s y '���� uk �ty,�ri ��•g� i�� a��� a! 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CONSTRUCTION ACCESS , P. 91 [KVg-[D] uoisina.[ pW IJVUQ"VQ �3UISSOJD IJanlno sa3jL'-jjOOj@JBg IZ-90 610Z a = IE� [ � � �- �:r^,yam 3 �..•�_};._``i . II �eF 1 _ ��a t � it •• 1;' ��i � �. �' .: r ,� '-s � _ F1 4 ,3 Y•}, y"j� a ' fA _��[ Fit ] ! •» — ; i! j� _ riii•il { • t, C v s lid d ; nib "3 PF 4.1 f i 1 c F '.�'� •'.�� I 1 b [ - � ► Ef r�_r rF,� je 1 � a i1 9 e S-u3r `fir J L'_!! j 01 BRREFOpT LAKES CURAr R7�R+ �i�uW o CULVERT SITE PLANt ;- �;; . l�e!!Zuhm]Lal ■t.MXUrnrE C*iPU - w +,n - = 3 lid3Alli3 53NY1lOOd311tl8 ,} y ih 2019 06-21 Barefoot Lakes Culvert Crossing DA.DRAFT MO revision [CLEAN] 16 MLXTq"L Rams ^ �if%- NAM .,y.ai.r,.a,.��xrac�r-+seumaaava msc++mus e;�+�3a�3n!a�sn#4 �tpl �Qa r¢ a•Q4r:t:iY call c+ae "" ' . .,['� Vi. Wawa ru.:.n �,�9t:� � .av¢.e�R,aa;a oaa.aen conwi �...°"'..a'�. n.�.�„�:a�,.r�`•+••r..Mrw�wn:�aee�,.a.aa,.wmv�uw VrolF CONCRETE W.iNGWALLS AND HEADWALLS FOR CULVERT CROSSING AT BAREFOOT LAKES PARKWAY 5E 4F WCR IS AND WCR 28 HI I I!........ ..... 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I .u-•w wre+,4 � x lyplYAl 11'RIui AAI' LYVIYAI lWIMMAHMAr6All WL WALt WT-04 ---e- ICF'�t�rtrA1FC$YCd � I& OP �U Fr?xAL u�ssGCAM nvlraL L�SrueAu FCA7IWG[RNFNJWAL,L 11,hW'WALL NFIEA[X4ALL mnM $Z.0 -W-Mew.-9Wr?x.2r Rw:x.:9�>•Ga�l af�� "Orwom MUM R cc jiOedn,'IPAn:pmjkS ..�, ''-fA: 4r.1M AP. ! � IirY �YY M-I{ {` t' s ��' 9 9 7. f1 ff i� 3OE! t2 p 11 Ells a C Elf � fz i 4 17 12 gu s gi 2019 06-21 Barefoot Lakes Culvert Crossing DA.DRAFT MO revision [CLEAN] 19 s t�sa�rpis a�as+i si N �i1t3'L ��li•i � �f I�1�3 1��.41p ;�;�T7lI - � a.—�, f �• iw IS •M t �3� Pt tog SlIvIao —rt LV3Aln363XVIIMAM" E Ps y! E7 jY� I Ii i� i° IF i { �i 7� r 1! �i°�114, �1E�• IEt� �! i►� #�� �I� I� � it i 7 A 2019 06-21 Barefoot Lakes Culvert Crossing DA.DRAFT MO revision [CLEAN] 20 I S Fi _ A��,� pIT Y Its q-FI{ II J . t Y t � �C �'� 1 T ^ i 1. • i i ( i r l 2019 06-21 Barefoot Lakes Culvert Crossing DA_DRAFT MO revision [CLEAN] 21 EXHIBIT B List of Public Improvements Yex>1g Barefoot Lakes Drainage Crossing I�RedlanidV.= .00 Exhibit B - Schedule of Improvements mR�[onuirucrs�Eu� ,rmr•uc�r Date: 03.27.2019 Drainage Crossing Improvements Letter of Credit items UNIT TOTAL A - Erosion Control CUANTr Y UNIT PRICE COST Silt Fence 112 LF p1.25 $140 Construction Fence 195 LF n2.00 $390 Vehicle TracVing Control Pad 1 EA $2,300.00 32,300 Sediment Control Lags 80 LF $2.50 $200 Surface RougUng 0.80 AC $75.00 $60 Temporary Seedrng and Mul0ing 0.72 AC $2,000.00 �1,440 Permanent Seeding and Mulching 0.08 AC $1,510.0+0 $121 Erosion Control Total $4,651 Total Cost $4,651 Bond Items UNrT TOTAL B - Earthwork QUP?,MTY UNIT PRICE COST Fill 3,520 CY $2.50 $8,800 Sub-Excavatiian (10-f>i Depth) 2,267 CY $13.50 $30,605 Earthwork Total $39,405 UNIT TOTAL C - Storm Sevier QUANTITY UNIT PRICE COST 54" RCP 525 LF $266.00 $139,650 Concrete Heaftolls and VVingwalls 70 CY $1,500.00 $1dD3,0M Rip Rap Apron 333 CY $I D.00 $33,390 Storm Sewer Subtotal $277,950 Totals - Drainage Crossing Letter of Credit A - Erasion Contrail Totals - Drainage Crossing Bond B - Earthwork C - Stonn Sewer ALL Total Cost 5317,355 $4,651 539,405 $2T7,950 Total All Public Improvements $322,006 2019 06-21 Barefoot Lakes Culvert Crossing DA.DRAFT MO revision [CLEAN] 22 EXHIBIT C IRREVOCABLE LETTER OF CREDIT Required Form [date of Letter of Credit - the date the credit is opened] Town of Firestone, CO 1.51 Grant Avenue P.O. Box 100 Firestone, CO 80520 Attn: Town Clerk: We hereby issue our Irrevocable Letter of Credit Number in your favor for the account of , in an amount not to exceed effective immediately and expiring at our counters on (except November 1 - March 1) or any extended expiration date as indicated below. Funds under this Letter of. Credit are available for payment by sight, by presentation of your sight draft(s) substantially in the form of Exhibit "A" accompanied by your written certificate substantially in the form of Exhibit "B". Partial and multiple drawings are permitted. This Letter of Credit will automatically be extended for a period of one (1) year from the present or any future expiration date unless we notify you in writing by certified mail ninety (90) days prior to any expiration date that we elect not to renew this Letter of Credit for any additional period. We hereby engage with you that all drawings in conformity with terms and conditions of the Letter of Credit will be duly honored upon presentation to our counters on or before any expiration date as indicated above. All bank charges, including any advising bank charges, are to be charged to (account party's name). If a demand for payment by you hereunder does not, in any instance, conform to the terms and conditions of this Letter of Credit, the bank shall give the Town written notice, and send copy of this notice by FAX to the Town of Firestone (Attn: Town Clerk) to (720) 476-4232, within three business days of presentment of any nonconforming draft that the purported negotiation was not effective in accordance with the terms and conditions of the Letter of Credit, stating with particularity the reasons therefore. The bank will hold all documents at the bank for the Town, or send them to the Town, at the Town's option. Any such nonconforming demand may be corrected and resubmitted within three 2019 06-21 Barefoot Lakes Culvert Crossing DA.DRAFT MO revision [CLEAN] 23 (3) business days of receipt of the bank's mailed notice of nonconformity. A resubmittal will be deemed to have been presented to the bank on the date of the original demand for payment. We arc a current member of (FDIC) (FSLIC). This credit is subject to the Uniform Customs and Practice for Documentary Credits, 2007 revision, ICC publication number 600. This Irrevocable Letter of Credit sets forth in full the terms of our undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to any document or instrument referred to herein or in which the Irrevocable Letter of Credit relates and any such reference shall not be deemed to incorporate herein by reference any document or instrument. Sincerely, (Bank) 2019 06-21 Barefoot Laces Culvert Crossing DA.DRAFT MO revision [CLEAN] 24 EXHIBIT A TO LETTER OF CREDIT DRAFT FOR PAYMENT DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. DATE: 20 PAY TO: The account of the Town of Firestone, Colorado, Account No. , at Colorado, THE SUM OF DOLLARS TOWN OF FIRESTONE, COLORADO By: Town Clerk 2019 06-21 Barefoot Lakes Culvert Crossing DA.DRAFT MO revision [CLEAN] 25 To: EXHIBIT B TO LETTER OF CREDIT CERTIFICATE FOR PAYMENT The undersigned, a duly appointed officer of the Town of Firestone, Colorado (the "Town"), hereby certifies to (the "Bank"), with reference to the Bank's Irrevocable Letter of Credit No. (the "Letter of Credit"), issued by the Bank in favor of the Town, that: the (1) The undersigned is the Town Clerk for the Town. (2) The Town is authorized to make a drawing under the Letter of Credit. (3) The amount which is due and payable from the Letter of Credit is $ , and the amount of the sight draft accompanying this certificate does not exceed such amount. IN WITNESS WHEREOF, the undersigned has executed and delivered this certificate as of day of , 20_ TOWN OF FIRESTONE, COLORADO By: Town Clerk 2019 06-21 Barefoot Lakes Culvert Crossing DA.DRAFT MO revision [CLEAN] 26 RESOLUTION 19-55 A RESOLUTION APPROVING A FINAL PLAT AND FINAL DEVELOPMENT PLAN FOR BAREFOOT LAKES FILING NO. 1, 3" REPLAT. WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final plat and final development plan for Barefoot Lakes Filing No. 1, 3rd Replat; and WHEREAS, all materials related to the application have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, after a duly -noticed public hearing, at which evidence and testimony were entered into the record, the Board of Trustees finds the proposed final plat should be approved, subject to certain conditions NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed Final Plat and Final Development Plan for Barefoot Lakes Filing No. 1, 3rd Replat, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. PASSED AND ADOPTED this 10 h day of Jam, 2019. bi S' ar, ayor ATTEST: sTO�yF TOWN IQ iapdam/ SEA F o Leah Vanarsdall, Town Clerk t 4 •ti c0VNTY. ,Go 4 EXHIBIT A Barefoot Lakes Filing No. 1, 311 Replat Final Plat and Final Development Plan Conditions of Approval Provide an updated title commitment when the mylars are provided for recording, dated no later than thirty (30) days prior to submission of mylars. 2. Execute a subdivision agreement, in a form to be approved by the Town Attorney. 3. The plugged and abandoned wells identified on Tract A shall be surveyed and tied to the coordinate grid on the final plat and final development plan. 4. Technical corrections to the Barefoot Lakes Filing No. 1, 3rd Replat final plat and final development plan shall be made to the Town's satisfaction. P� RESOLUTION 19-54 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND INTEGRATED WATER SERVICES, INC., REGARDING DESIGN PHASE SERVICES FOR THE ST. VRAIN WATER TREATMENT PLANT WHEREAS, the Town of Firestone is in need of design phase services for its St. Vrain Water Treatment Plant project ("Project'); and WHEREAS, Integrated Water Services, Inc., has the skill and experience to perform the required design phase services for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and Integrated Water Services, Inc., for design phase services for the St. Vrain Water Treatment Plant project is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 26th day of June, 2019. TOWN OF FIRESTONE, COLORADO � v 84bi SirVelar, Mayor TWJV rrrl ! �i dial,& ATTEST: aE, vY •G xe Leah Vanarsdall, Town Clerk AS TO FORM: Willia a-layashi, Town Attorney D-511- DESIGN PHASE SERVICES AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER AT RISK ON THE BASIS OF A STIPULATED PRICE (PART 1— DESIGN PHASE) THIS AGREEMENT is by and between Tow of Fi o e ("Owner'), and Integrated Water rvioes ("Construction Manager at Risk"). PR03ECT INFORMATION Project: St. Vrain Water Treatment Plant Contract: St._Vrain Water Treatment Plant ("Contract') Engineer: Owner has retained la um er As sates inc. ("Engineer'} for the performance of professional engineering services under this Contract. Owner and Construction Manager at Risk further agree as follows: ARTICLE 1— THE WORK 1.01 General Description of Work A. The Construction Manager at Risk shall participate in the design phase of the proposed project which is described by the following: I. The proposed Project Includes construction of a new greenfield water treatment facility (WTF) to treat alluvial and future surface water sources to provide potable water for municipal supply. The WTF processes will include pretreatment using flocculation and sedimentation, filtration using pressurized ultraflitration (UF) followed by reverse osmosis (RO) and disinfection using chlorination. Multiple chemical feed systems are required to support these processes. 2. Phase 1 design flow is 1.5 million gallons per day (MGD) with multiple equipment components sized and planned for a future Phase 2 expansion to 5 MGD. The OF system has been pre -procured by the Town of Firestone; the procurement contract with the Seller, Evoqua, will be assigned to the Contractor. The RO system has not been pre -procured and will be selected by the Contractor with Engineer approval. 3. Site infrastructure will include ground raw water storage tanks, yard piping, dewatering system, RO reject holding tank, connection to water, sanitary, and dry utilities, parking and driveway areas. The proposed plant building is approximately 21,000 square feet with tilt up concrete walls and double tee roof. Multiple below grade concrete basins are proposed inside the plant footprint. 1.02 scope of Work A. Construction Manager at Risk shall perform all activities below and necessary to complete the work: 1. Attend monthly, one -hour progress meetings via on -site or conference call. 2. Weekly review design documents; provide constructability reviews.. 3. Using the 60% design documents, develop a Price Proposal (in accordance with the Contract Documents requirements); the minimum requirements include: FRSTN-0305 Page - 1 Construction Set —June 2019 Based on: EJCDCQ D-520, Agreement Between Owner and Construction Manager at Risk on the Basis of a Stipulated Price, Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Ovil Engineers. All rights reserved. Note: This document was developed based on EJCDC Standard Form Design and Construction Related Documents and has been modified as necessary. E3CDC retains all proprietary rights to these documents. a. Presentation of material and equipment unit cost, quantities, and estimation assumptions. b. Presentation of labor costs and estimation -assumptions. c. Presentation of a list of subcontractors and suppliers. 4. Using the 80% design documents, develop Guaranteed Maximum Price (GMP) Proposal (in accordance with the Contract Documents requirements); the minimum requirements include: a. Presentation of material and equipment unit cost, quantities, and estimation assumptions. b. Presentation of labor costs and estimation assumptions. c. Presentation of a list of subcontractors and suppliers. 5. Project Management Plan shall at a minimum include: a. Personnel, communication, permitting, and procurement plans. b. Project schedule. c. Cost Analysis and work breakdown structure. d. Risk register. ARTICLE 2 — CONTRACT TIMES 2.01 Time of the Essence A. All time limits for Construction Manager at Risk's attainment of Milestones, if any, Substantial Completion, and completion and readiness for final payment, as stated in the Contract, are of the essence of the Contract. 2.02 Contract Times* Dates A. NOT USED. 2.02 Contract Times.• Days A. Construction Manager at Risk will substantially complete the Work before December 31. 2019. B. NOT USED. 2.03 Liquidated Damages A. NOT USED. ARTICLE 3 — CONTRACT PRICE 3.01 Stipulated Sums A. Owner shall pay Construction Manager at Risk for completion of the Scope of Work in accordance with the Contract Documents following baseline quantities (time and material not - to -exceed) at the hourly rates and man-hour estimates stated in Construction Manager at Risk's Proposal, attached hereto as an exhibit. B. NOT USED. 3.02 Changes in Contract Price Based on Cost of the Work A. NOT USED. B. NOT USED. FRSTN-0305 Page - 2 Construction Set — June 2019 Based on: EJCDC@ D-52% Agreement Between Owner and Construction Manager at Risk on the Basis of a Stipulated Price. Copyright 0 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. !Vote: This document was developed based on EJCDC Standard Form Design and Construction Related Documents and has been modified as necessary. EJCDC retains all proprietary rights to these documents. ARTICLE 4 — PAYMENT PROCEDURES 4.01 Submittal and Processing of Payments A. Construction Manager at Risk shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Owner will process Applications for Payment as provided in the General Conditions. 4.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Construction Manager at Risk's Applications for Payment on or about the 20th day of each month during performance of the Work as provided in Paragraph 4.02.A. I below, provided that such Applications for Payment have been submitted In a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere In the Contract. B. NOT USED. C. NOT USED. 4.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.06 of the General Conditions, Owner shall pay the remainder of the Contract Price. ARTICLE 5 — INTEREST 5.01 Interest Rate A. All amounts not paid when due shall bear interest at the rate of 1.0 percent per annum, or if applicable at the rate stated in a governing prompt payment statute. ARTICLE 6 — CONSTRUCTION MANAGER AT RISK'S REPRESENTATIONS 6.01 Representations A. Construction Manager at Risk makes the following representations for Owner's reliance: 1. Construction Manager at Risk has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. 2. Construction Manager at Risk has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Construction Manager at Risk is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Construction Manager at Risk has carefully studied all: (a) reports of explorations and tests of subsurface conditions at or adjacent to the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, if any, that Owner has identified or made available to Construction Manager at Risk, especially with respect to Technical Data in such reports and drawings, and (b) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site, that Owner has identified or made available to Construction Manager at Risk, especially with respect to Technical Data in such reports and drawings. FRSTN-0305 Page - 3 Construction Set — June 2019 Based on, EJCDC® D-520, Agreement Between Owner and Construction Manager at Risk on the Basis of a Stipulated Price. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Note: This document was developed based on EJCDC Standard Form Design and Construction Related Documents and has been modified as necessary. EJCDC retains all proprietary rights to these documents, 5. Construction Manager at Risk has considered the information known to Construction Manager at Risk Itself, and to Construction Subcontractors and Project Design Professionals that Construction Manager at Risk has selected as of the Effective Date; information commonly known to design professionals, Construction Manager at Risks, and contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site -related reports and drawings (if any) identified in the Contract Documents or otherwise made available to Construction Manager at Risk, with respect to the effect of such information, observations, and documents on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Construction Manager at Risk; and (c) Construction Manager at Risk's safety precautions and programs. 6. Based on the information and observations referred to in the preceding paragraph, Construction Manager at Risk agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary prior to entry into the Contract at the Contract Price, subject to the Contract Times, 7. Construction Manager at Risk is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 8. Construction Manager at Risk has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Construction Manager at Risk has discovered in the Contract Documents, and the written response from Owner is acceptable to Construction Manager at Risk, 9. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 10. Construction Manager at Risk's entry into this Contract constitutes an incontrovertible representation by Construction Manager at Risk that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 7 — CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 6 . inclusive). 2. Performance Bond: NOT USED. 3. Payment Bond: NOT USED. 4. Other Bonds: NOT USED. 5. General Conditions (pages 1 to, inclusive). 6. Supplementary Conditions (pages 1 to —6--, inclusive). 7. Addenda a. Addendum 1(pages 1 to —4, inclusive). 8. Construction Manager at Risk's Design Phase Services Proposal. 9. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: FRSTN-0305 Page - 4 Construction Set — June 2D19 Based on: FJCDC0 D-520, Agreement Between Owner and Constructlon Manager at Risk on the Basis of a Stipulated Price. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of CMI Engineers. All rights reserved. Note: This document was developed based on EJCDC Standard Form Design and Construction Related Documents and has been modified as necessary. EJCDC retains all proprietary rights to these documents. a. Work Change Directives, b. Change Orders. c. Record Drawings and Record Specifications 10. Other Exhibits to this Agreement (enumerated as follows): a. Conceptual Drawings, material and equipment cut sheets and specifications. b. Proposal and Preliminary Technical Equipment Package. B. The documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 7. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 8 — MISCELLANEOUS 801 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and Supplementary Conditions. 8.02 Assignment of Contact A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or Interests in the Contract will be binding on the other party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless spedfically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 8.03 Successors and Assigns A. Owner and Construction Manager at Risk each binds itself, its successors, assigns, and legal representatives to the other party hereto, and its successors, assigns, and legal representatives, in respect to all covenants, agreements, and obligations contained in the Contract. 8.04 Severability A. Any provision or part of the Contract held to be void or unenforceable under any taw or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Construction Manager at Risk, who agree that the Contract shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 Construction Manager at Risks Certlficadons A. Construction Manager at Risk certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or In executing the Contract. For the purposes of this Paragraph 8.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; FRSTN-0305 Page - 5 Construction Set — June 2019 Based on: EXDC@ D-520, Agreement Between Owner and Construction Manager at Risk on the Basis of a Stipulated Price. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Note: This document was developed based on E]CDC Standard Form Design and Construction Related Documents and has been modified as necessary. E1CDC retains all proprietary rights to these documents. 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 8.06 Other Provisions A. NOT USED. IN WITNESS WHEREOF, Owner and Construction Manager at Risk have signed this Agreement. This Agreement will be effective on il: (which is the Effective Date of the Contract). ' OWNER: CONSTRUCTION MANAGER AT RISK: InteqiatWater SeDgLs By: Name: e f f Thomas Title: VP [If anstructon Manager at Risk is a corpardtan, partnership, LLC or a joint verrlur4 attach evidence of authority to sign. In the case ofa joint venture, expand the signature section to accommodate execution of the Agteement by an authorized repmsentative of eadh joint venture.] Attest: Title: ��O&A Title: Address for giving notices: 151 Grant Avenue Firestone, CO 80520 [If Owner is a corporation, parfti&ship, or LLC, attach evidence ofatrtharlty to sign. If Owner is a public body, attach evidence ofaut on`ty to sign and resolution or other documents authorizing execution of thls'Agreement] Secretary Address for giving notices: PO Box 774565 Steamboat Springs, CO 80477 NOTES) TO USER.• Use in dx5e stages or otherjunsdictions where Iiren_ting is applicable or required FRSTN-0305 Page - 6 Construction Set — June 2019 Based on: EJCDC@ D-520, Agreement Between Owner and Construction Manager at Risk on the Basis of a Stipulated Price. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Note: This document was developed based on EXDC Standard Form Design and Construction Related Documents and has been modified as necessary. EJCDC retains all proprietary rights to these documents. 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 8.OS Other Prowsions A. NOT USED. IN WITNESS WHEREOF, Owner and Construction Manager at Risk have signed this Agreement. This Agreement will be effective on i (which is the Effective Date of the Contract). ' OWNER: CONSTRUCTION MANAGER AT RISK: Town of Firestone Int ate Water Servieeg- By: I By: Name: ad! S1 hd r�Uh Name: of f Thomas Title: Y 11 � ? Title: VP .�` TOwN0 [If Cautrur bn Manager at Risk & a corm on, partnership, LLC, or a joint venture, attach evidence of a7 m 0 authority to sign. In the c" ofa joint ventuM expand die L i _v'gnafure section to arrommodate ereruton of bre Agreement by an authorized represO70V a ofeach joint C,Q,- . ��Q- venture.] O Attest: Attest: Title: �� Title: Secretary Address for giving notices: Address for giving notices: 151 Grant Avenue Pb Box 774565 Firestone CO 80520 Steamboat Springs, CO 80477 Cif owner is a caimmlron, partnership, or LLt" amw* NOTE(S) TO USER: Use in duos& StateS or otherjurfsdictions evidence of authority to sign. if Owner is a public body, where ficensing is applicable or required attach evidence ofautharrty to sign and resolution or other documents authorizing execution of Ws Agreement] FRSTN-0305 page - 6 Construction Set —June 2019 Based on: EJCDC@ D-520, Agreement Between Owner and Construction Manager at Risk on the Basis of a Stipulated Price. Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Note: This document was developed based on EKDC Standard Form Design and Construction Related Documents and has been modified as necessary. EJCDC retains all proprietary rights to these documents. a. Work Change Directives. b. Change Orders. c. Record Drawings and Record Specifications 10. Other Exhibits to this Agreement (enumerated as follows): a. Conceptual Drawings, material and equipment cut sheets and specifications. b. Proposal and Preliminary Technical Equipment Package. B. The documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 7. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 8 — MISCELLANEOUS 8.01 Terms A. Terms used In this Agreement will have the meanings stated in the General Conditions and Supplementary Conditions. 8.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests In the Contract will be binding on the other party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 8.03 Successors and Assigns A. Owner and Construction Manager at Risk each binds itself, its successors, assigns, and legal representatives to the other party hereto, and its successors, assigns, and legal representatives, in respect to all covenants, agreements, and obligations contained in the Contract. 8.04 Severability A. Any provision or part of the Contract held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Construction Manager at Risk, who agree that the Contract shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 Construction Manager at Risks Certifications A. Construction Manager at Risk certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to Influence the action of a public official in the bidding process or in the Contract execution; FRSTN-0305 Page - 5 Construction Set — June 2019 Based on: EJCDC@ D-520, Agreement Between Owner and Construction Manager at Risk on the Basis of a Stipulated Price. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Note: This document was developed based on EJCDC Standard Form Design and Construction Related Documents and has been modified as necessary. EJCDC retains all proprietary rights to these documents. D-511- DESIGN PHASE SERVICES AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER AT RISK ON THE BASIS OF A STIPULATED PRICE (PART 1— DESIGN PHASE) THIS AGREEMENT is by and between T w of Fire o e C Owner"}, and integrated Water Services ("Construction Manager at Risk'). PROJECT INFORMATION Project: St. Vrain Water Treatment Plant Contract: St. Wain Water Treatment Plant _ ("Contract') Engineer: Owner has retainedAlan er Associates Inc. ("Engineer") for the performance of professional engineering services under this Contract. Owner and Construction Manager at Risk further agree as follows: ARTICLE 1— THE WORK 1.01 General DescrlpAcin of Work A. The Construction Manager at Risk shall participate in the design phase of the proposed project which is described by the following: 1. The proposed Project includes construction of a new greenfield water treatment facility (WTF) to treat alluvial and future surface water sources to provide potable water for municipal supply. The WTF processes will include pretreatment using flocculation and sedimentation, filtration using pressurized ultrafiiitration (UF) followed by reverse osmosis (RO) and disinfection using chlorination. Multiple chemical feed systems are required to support these processes. 2. Phase 1 design flow is 1.5 million gallons per day (MGD) with multiple equipment components sized and planned for a future Phase 2 expansion to 5 MGD. The OF system has been pre -procured by the Town of Firestone; the procurement contract with the Seller, Evoqua, will be assigned to the Contractor. The RO system has not been pre -procured and will be selected by the Contractor with Engineer approval, 3. Site infrastructure will include ground raw water storage tanks, yard piping, dewatering system, RO reject holding tank, connection to water, sanitary, and dry utilities, parking and driveway areas. The proposed plant building is approximately 21,000 square feet with tilt up concrete walls and double tee roof. Multiple below grade concrete basins are proposed inside the plant footprint. 1.02 Scope of Work A. Construction Manager at Risk shall perform all activities below and necessary to complete the work: 1. Attend monthly, one -hour progress meetings via on -site or conference call. 2. Weekly review design documents; provide constructability reviews. 3. Using the 60% design documents, develop a Price Proposal (in accordance with the Contract Documents requirements); the minimum requirements include: FRM-0305 Page - 1 Construction Set — June 2019 Based on: E3CDCQ D-520, Agreement Between Owner and Construction Manager at Risk on the Basis of a stipulated Price. Copyright cQ 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Note: This document was developed based on EJCDC Standard Form Design and Construction Related Documents and has been modified as necessary. EJCDC retains all proprietary rights to these documents. Aeva 19-5y a. Presentation of material and equipment unit cost, quantities, and estimation assumptions. b. Presentation of labor costs and estimation assumptions. c. Presentation of a list of subcontractors and suppliers. 4. Using the 80% design documents, develop Guaranteed Maximum Price (GMP) Proposal (in accordance with the Contract Documents requirements); the mini,-num requirements include: a. Presentation of material and equipment unit cost, quantities, and estimation assumptions. b. Presentation of labor costs and estimation assumptions. c. Presentation of a list of subcontractors and suppliers. S. Project Management Plan shall at a minimum include: a. Personnel, communication, permitting, and procurement plans. b. Project schedule. c. Cost Analysis and work breakdown structure. d. Risk register. ARTICLE 2 — CONTRACT TIMES 2.0.1 Time of the Essence A. All time limits for Construction Manager at Risk's attainment of Milestones; if any, Substantial Completion, and completion and readiness for final payment, as stated in the Contract, are of the essence of the Contract. 2.02 Contract Times: Dates A. NOT USED. 2.02 Contract Times: Days A. Construction Manager at Risk will substantially complete the Work before December 31, 2019. a. NOT USED. 2.03 Liquidated Damages A. NOT USED. ARTICLE 3 — CONTRACT PRICE 3.01 stipulated sums A. Owner shall pay Construction Manager at Risk for completion of the Scope of Work in accordance with the Contract Documents following baseline quantities (time and material not - to -exceed) at the hourly rates and man-hour estimates stated in Construction Manager at Risk's Proposal, attached hereto as an exhibit. B. NOT USED. 3.02 Changes in Contract Price Based on Cost of the Work A. NOT USED. B. NOT USED. FRSTN-0305 Page - 2 Construction Set — June 2019 Based on: EJCDC@ D-520, Agreement Between Owner and Construction Manager at Risk an the Basis of a Stipulated Price. Copyright c0 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, All rights reserved. Note: This document was developed based on EJCDC Standard Form Design and construction Related Documents and has been modified as necessary. EICDC retains all proprietary rights to these documents. ARTICLE 4 — PAYMENT PROCEDURES 4.01 Submittal and Processing of Payments A. Construction Manager at Risk shall submit Applications for Payment in accordance with Arcade 14 of the General Conditions. Owner will process Applications for Payment as provided in the General Conditions. 4.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Construction Manager at Risk's Applications for Payment on or about the 20th day of each month during performance of the Work as provided in Paragraph 4.02.A.1 below, provided that such Applications for Payment have been submitted In a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. B. NOT USED. C. NOT USED. 4,03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.06 of the General Conditions, Owner shall pay the remainder of the Contract Price. ARTICLE 5 — INTEREST 5.01 Interest Rate A. All amounts not paid when due shall bear interest at the rate of 1.0 percent per annum, or if applicable at the rate stated in a governing prompt payment statute. ARTICLE 6 -- CONSTRUCTION MANAGER AT RISK'S REPRESENTATIONS 6.01 Representations A. Construction Manager at Risk makes the following representations for Owner's reliance: 1. Construction Manager at Risk has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. 2. Construction Manager at Risk has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Construction Manager at Risk is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Construction Manager at Risk has carefully studied all: (a) reports of explorations and tests of subsurface conditions at or adjacent to the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, if any, that Owner has identified or made available to Construction Manager at Risk, especially with respect to Technical Data in such reports and drawings, and (b) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site, that Owner has identified or made available to Construction Manager at Risk, especially with respect to Technical Data in such reports and drawings. FRSTN-0305 Page - 3 Construction Set -- June 2019 Based on: E]CDC® D-520, Agreement Between Owner and Construction Manager at Risk on the Basis of a Stipulated Price. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Note: This document was developed based on EJCDC Standard Form Design and Conduction Related Documents and has been modified as necessary. EJCDC retains all proprietary rights to these documents. 5. Construction Manager at Risk has considered the information known to Construction Manager at Risk itself, and to Construction Subcontractors and Project Design Professionals that Construction Manager at Risk has selected as of the Effective Date; information commonly known to design professionals, Construction Manager at Risks, and contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site -related reports and drawings (if any) identified in the Contract Documents or otherwise made available to Construction Manager at Risk, with respect to the effect of such Information, observations, and documents on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Construction Manager at Risk; and (c) Construction Manager at Risk's safety precautions and programs. 6. Based on the information and observations referred to in the preceding paragraph, Construction Manager at Risk agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary prior to entry into the Contract at the Contract Price, subject to the Contract Times. 7. Construction Manager at Risk is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 8. Construction Manager at Risk has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Construction Manager at Risk has discovered in the Contract Documents, and the written response from Owner is acceptable to Construction Manager at Risk. 9. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 10. Construction Manager at Risk's entry into this Contract constitutes an incontrovertible representation by Construction Manager at Risk that without exception all prices In the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 7 — CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of the following - I. This Agreement (pages 1 to _6__, inclusive). 2. Performance Bond: NOT USED. 3. Payment Bond: NOT USED. 4. Other Bonds: NOT USED. 5. General Conditions (pages 1 to 6_6, inclusive). 6. Supplementary Conditions (pages 2 to 6_, inclusive). 7. Addenda a. Addendum I (pages _.L to 4, inclusive). 8. Construction Manager at Risk's Design Phase Services Proposal. 9. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: FRSTN-0305 Page - 4 Construction Set — June 2019 Based on: FJCDCO D-520, Agreement Between Owner and Construction Manager at Risk on the Basis of a Stipulated Price. Copyright D 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Note: This document was developed based on EJCDC Standard Form Design and Construction Related Documents and has been modified as necessary. EICDC retains all proprietary rights to these documents. RESOLUTION 1.9-53 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND COMMUNICATION CONSTRUCTION & ENGINEERING, INC., REGARDING CONSTRUCTION OF THE POLICE STATION FIBER OPTIC LINE PROJECT WHEREAS, the Town of Firestone is in need of construction services for its Police Station Fiber Optic Line Project ("Project"); and WHEREAS, Communication Construction & Engineering, Inc., has the skill and experience to perform the required services for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and Communication Construction & Engineering, Inc., for construction of the Police Station Fiber Optic Line Project is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 26th day of June, 2019. AT EST47�d& : Leah Vanarsdall, Town Clerk AS TO FORM: William ?141ashi, Town Attorney F�RES rp� r r To M11V �`Y..C� TOWN OF FIRESTONE, COLORADO �"-. %9k, bbi Si elar, Mayor SECTION 00520 AGREEMENT THIS AGREEMENT is by and between Town of Firestone ("Owner") and Communication Construction & Engineering, Inc. ("Contractor'). Owner and Contractor hereby agree as follows: ARTICLE 9 —WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents, The Work is generally described as follows: The contract provides for the installation of a dedicated fiber intranet between the Firestone Town Hall and the new Police Department and Municipal Court Building. The improvements include installation of conduit and single mode fiber between the buildings. The approximate distance of this project is 13,000 feet. Several locations along the proposed routes will require directional bores. Selected contractor will coordinate final alignment and extent of directional boring with design engineer and Town of Firestone prior to commencement of installation. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Police Station Fiber Optic Line Project ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Colorado Civil Group, Inc. (Engineer), which is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.2 Days to Achieve Substantial Completion and Final Payment This project will be completed by the substantial and final completion dates of September 23, 2019 and October 7, 2019 respectively. Work can be planned as `2019 CCG Section 00520 0668.0189,02 02/11/19 Agreement Town of Firestone Construction Documents -Addendum #t page I of 1 Fiber Optic Line Project et,S; /9--1? 4.3 needed and desired by the selected contractor in order to meet their needs and schedules as long as the completion dates set forth are maintained. United Power, Black Hills Energy, Comcast, and Century Link may be installing new utilities along a portion of the same alignment on the west side of Park Avenue. The new Police Station will be under construction during this work. This work shall be coordinated with the Police Station Construction Manager (FCI Constructors Inc.), the utility companies, and the Town of Firestone. Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner one thousand four hundred dollars ($1,400.00) for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner one thousand four hundred dollars ($1,400.00) for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 — CONTRACT PRICE 5.1 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01 A below: A. For all Work, at the prices stated in the Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 — PAYMENT PROCEDURES 6.1 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.2 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 4E' Wednesday of each month, for the previous months work, during performance of the Work as provided in Paragraph 6.02 A 1 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07 A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. `P019 CCG Section 00520 0668,0189.02 02/11/19 Agreement Town of Firestone Construction Documents -Addendum #f Page 2 of 1 / Fiber Optic Line Project 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions. a. 90 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 90 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02 B 5 of the General Conditions and less 2_00 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.3 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 — INTEREST 7.1 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 1.00 percent per annum. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.1 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A_ Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state and local taws and Regulations that may affect cost, progress and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating °2019 CCG Section 00520 0668,0189.02 02/11/19 Agreement Town of Firestone Construclion Documents -Addendum if 1 Page - of 1 Fiber Optic Line Project to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliable 'technical data", and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC-4,06 of the Supplementary Conditions as containing reliable 'technical data", E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site - related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations and documents on (1) the cost, progress and performance of the Work; (2) the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01 E above, Contractor does not consider that further examinations, investigations, explorations, tests, studies or data are necessary for the performance of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor shall perform no less than 50% of the work with their own forces. ARTICLE 9 — CONTRACT DOCUMENTS 9.1 Contents A. The Contract Documents consist of the following: I. This Agreement (pages Ito 7, inclusive). 2. Performance bond. 3. Payment bond. 4. General Conditions, 5. Supplementary Conditions. ;2019 CCG Section 00520 0666.0189.02 02111/19 Agreement Town of Firestone Construction Documents -Addendum #1 Page 4 of 1 Fiber Optic Line Project 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings with each sheet bearing the following general title and number of sheets (shown in parenthesis): "Police Station Fiber Optic Line Project" (10 Sheets) 8. Addenda (numbers 1 to 1, inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid. b. Documentation submitted by Contractor prior to Notice of Award. 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. B. The documents listed in Paragraph 9.01 A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.1 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.2 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents, 10.3 Successors and Assigns 02019 CCG Section 00520 0688.0189.02 02/11/19 Agreement Town of Firestone Construction Documents -Addendum #1 Page 5 of i Fiber Optic Lime Project A. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 10.4 5everability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. °corrupt practice" means the offering, giving, receiving or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive_ levels or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on >`Q OWNER: CONTRACTOR Town of Firestone By: By. Title: Mayor _ Title:!r�/1(If Conrporation, a partnership or '2019 CCG Section 00520 0668.0189 02 02111119 Aoreemenl Town 0! CFrncfonn Construction Documents -Addendum #11 Page 6 of 1 Fiber optic Line Project Attest: . Title: Town Gk- E C v Address for giving notices: 151 Grant Avenue P.O. Box 100 Firestone, CO 80520 °2019 CCG Section 00520 02/11/19 Agreement Construction Documents -Addendum #1 Page 7 of 1 a joint venture, attach sign.) Attest: Title: Address for giving notice // authority to 0668,0189.02 Town of Firestone Fiber Optic Line Project RESOLUTION 19-52 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR CENTENNIAL LENDING HEADQUARTERS WHEREAS, there has been submitted to the Planning and Zoning Comrission and Board of Trustees of the Town of Firestone a request for approval of a Final Development Plan for Centennial Lending Headquarters; and WHEREAS, all materials related to the application have been reviewed by Town. Staff and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, after a duly -noticed public hearing, at which evidence and testimony were entered into the record, the Board of Trustees finds the proposed final development plan should be approved, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed Final Development Plan for Centennial Lending Headquarters, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. PASSED AND ADOPTED this 26t' day of June, 2019. Si ATTEST: row/V °4 n M 1 E'�. o Leah Vanarsdall, Town ClerkQ Vr ,.69 General EXHIBIT A Final Development Plan Centennial Lending Headquarters Conditions of Approval Provide an updated title commitment, showing Centennial Lending Headquarters as owner, when the mylars are provided for recording, dated no later than thirty (30) days prior to submission of mylars. 2. Technical corrections to the Centennial Lending Headquarters Final Development Plan shall be made to the Town's satisfaction. 2 RESOLUTION 19-51 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR FIRESTONE COMPLETE AUTO CARE WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a Final Development Plan for Firestone Complete Auto Care; and WHEREAS, all materials related to the application have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, after a duly -noticed public hearing, at which evidence and testimony were entered into the record, the Board of Trustees finds the proposed final development plan should be approved, subject to certain conditions NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sections 1. The Board of Trustees hereby approves the proposed Final Development Plan for Firestone Complete Auto Care, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. PASSED AND ADOPTED this 26"' day of June, 2019. �oREST�,.. f/.. 4.4 ,;• rpy�'�+ti� bi Si elar, ay or ATTEST: N §' 10 Leah Vanarsdall, Town Clerk'Y, CQ�' EXHIBIT A Final Development Plan Firestone Complete Auto Care Conditions of Approval General 1. Provide an updated title commitment, showing Firestone Complete Auto Care as owner, when the mylars are provided for recording, dated no later than thirty (3 0) days prior to submission of mylars. 2. Technical corrections to the Firestone Complete Auto Care Final Development Plan shall be made to the Town's satisfaction. 2 RESOLUTION 19-50 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND COLORADO CIVIL GROUP, INC. REGARDING ENGINEERING SERVICES FOR THE ST. VRAIN WATER TREATMENT PLANT TRANSMISSION PIPELINE ALIGNMENT STUDY WHEREAS, the Town of Firestone (the "Town") is in need of certain engineering services for a study involving a transmission pipeline alignment from the proposed St. Vrain Water Treatment Plant to the existing storage tanks in the Town (the "Project"); and WHEREAS, Colorado Civil Group, Inc., is duly accredited and has the skill and experience to perform the engineering services required for the Project, and desires to perform the engineering services required for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and Colorado Civil Group, Inc., for engineering design study services for the St. Vrain Water Treatment Transmission Pipeline Alignment is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED�AND ADOPTED this 12th day of June, 2019. TOWN .� m 1 SEA o 0 ATTEST Leah Vanarsdall, Town Clerk PR D AS TO FORM: Willi . Hayashi, Town Attorney TOWN OF FIRESTONE, COLORADO ,—Ub, �k - &&- bi Sindel , Mayor . AGREEMENT for PROFESSIONAL ENGINEERING SERVICES for THE TOWN OF FIRESTONE St. Vrain Water Treatment Plant Transmission Pipeline Alignment Study Project No. 0668.0193.00 This is an AGREEMENT made between THE TOWN OF FIRESTONE, a Colorado statutory Town (TOWN) and COLORADO CIVIL GROUP, INC., a Colorado Corporation (ENGINEER). Whereas, TOWN desires to have certain engineering services performed by ENGINEER relative to the transmission pipeline alignment from the Proposed St. Vrain Water Treatment Plant (WTP) and the existing storage tanks in the Town of Firestone, Weld County, Colorado. Whereas, the ENGINEER is duly accredited, and this AGREEMENT provides for said professional engineering services. Therefore, TOWN and ENGINEER, in consideration of their mutual covenants herein, agree in respect of the performance of professional engineering services provided by ENGINEER and the payment for those services by OWNER as set forth in Sections 1 through 4 below. SECTION 1- Basic Services For the purposes of this AGREEMENT, the Basic Services shall include professional civil engineering design services, as further described herein, relative to the St. Vrain WTP Transmission Pipeline Alignment Study. Specific tasks to be performed shall be: 1.1 Background Material The ENGINEER will research information regarding existing property and facilities along the proposed alignment. Existing conditions in the project area will be assessed both on and below the surface. This effort shall include: 1.1.1 Digital aerial photography and some planimetrics will be obtained using DRCOG Aerial Photography (2018 images). ' 1r 1.1.2 The ENGINEER will compile and review as-builts from developments along the . proposed alignment. 1.1.3 The ENGINEER will compile and review final plats from developments along the proposed alignment to determine current Right -of -Way. 1.1.4 The ENGINEER will provide alternatives for measuring, controlling, and blending the WTP water and water from CWCWD. 1.1.5 It is recognized that in performing its services, including but not limited to the identification, location and evaluation of existing facilities and property ownership rights ENGINEER will rely on records, documentation and observations, some of which may not be capable of confirmation without expending substantial sums of money and/or destroying or damaging serviceable facilities or structures. Accordingly, ENGINEER shall not be liable for any, loss, damage, cost or expense resulting from actual conditions which differ from the records, documents and observations relied upon by ENGINEER unless and to the extent such loss, damage, cost or expense is directly attributable to ENGINEER'S sole negligence. 1.2.12 ENGINEER shall render its services in accordance with generally accepted engineering standards and practices as such standards and practices are normally exercised in the performance of professional standards of a similar nature in the Denver metropolitan area. • 1.2 Exhibits The ENGINEER shall prepare an exhibit for the following: • ROW widths for entire length of transmission pipeline alignment as determined from recorded plats. • At grade and buried utilities and other potential conflicts for the entire length of the transmission pipeline alignment as determined from record drawings research. • Blend Station Preliminary Layout drawings for typical blend station, including alternatives for flow control, measurement, and vault size. 1.3 Reports The ENGINEER shall provide a written report summarizing findings for the proposed transmission pipeline alignment study. Specific Report elements shall include: 1.3.1 List of referenced plans, drawings, and maps. 1.3.2 Updated Phase I cost estimate, with associated justifying documentation. 1.3.3 Summary of significant utility and property conflicts. • SECTION 2 - Additional Services Services not contemplated in Section 1 may be required of ENGINEER by the TOWN. If such work is to be performed a change order to the AGREEMENT will be prepared and presented to the TOWN prior to initiation of said work. Descriptions of additional services, compensation, and period -of -services adjustments will be presented in the change order, prior to starting any additional services. Specific services not included in this AGREEMENT include, but are not limited to: 2.1 Negotiation of property or easement acquisition. 2.2 Field Surveys. 2.3 Utility locates or utility potholing. 2.4 Construction drawings. SECTION 3 - Period of Service The Period of Service for this work shall commence upon the signing of this contract by TOWN and shall end at the completion of Basic Services. Work shall progress in a timely manner to support the schedule established by TOWN and ENGINEER. • SECTION 4 - Com ensation 4.1 Methods of Payment for Services and Expenses of Engineer 4.1.1 TOWN shall pay ENGINEER for Basic Services rendered under Section 1 a lump sum fee of $10,000.00. Such amount shall be inclusive of all costs of whatsoever nature associated with ENGINEER's efforts, including but not limited to salaries, benefits, expenses, overhead, administration and profits. 4.1.2 Services authorized and provided under Section 2 - Additional Services, will be based on hourly rates plus expenses according to ENGINEERS's then current Schedule of Fees (Exhibit A). 4.2 Times of Payments ENGINEER shall submit monthly invoices for a portion of the lump sum fee based upon ENGINEER's estimate of the proportion of the services actually completed at the time of billing. 0 4.3 Other Provisions Concerning Payments • 4.3.1 If TOWN fails to make any payment due ENGINEER for services and expenses within forty-five days after receipt of ENGINEER's invoice, the amounts due ENGINEER will be increased at the rate of 1'/z% per month from said forty fifth day, and in addition, ENGINEER may, after giving seven days' written notice to TOWN, suspend services under this AGREEMENT until ENGINEER has been paid in full all amounts due for services, expenses, and charges. 4.3.2 In the event of termination by TOWN under paragraph 6.1.2 upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by the TOWN during any phase of the Basic Services, ENGINEER will be paid for services rendered during that phase on the basis of ENGINEER's hourly rates based on the current Schedule of Fees for services rendered during that phase to date of termination by ENGINEER's principals and employees engaged directly in work for the TOWN. In the event of any such termination, ENGINEER also will be reimbursed for the charges of independent professional associates, consultants and subcontractors employed by ENGINEER and authorized by the TOWN to render Basic Services through ENGINEER and for all unpaid Additional Services and unpaid Reimbursable Expenses, plus all termination expenses. Termination expenses mean Reimbursable Expenses directly attributable to termination. SECTION 5 - TOWN's Responsibilities • TOWN shall do the following in a timely manner so as not to delay the services of ENGINEER: 5.1 As appropriate, designate responsible representatives to provide direction to the ENGINEER with respect to services provided pursuant to this AGREEMENT. The TOWN Board of Trustees or its delegatee shall transmit instructions, receive information, interpret and define TOWN's policies and decisions with respect to ENGINEER's services provided pursuant to this AGREEMENT. 5.2 Provide all criteria and full information as to TOWN's requirements as necessary for performance of ENGINEER's services, including, with respect to TOWN projects, design or project objectives and constraints, space capacity and performance requirements, flexibility and expendability, and any budgetary limitations. 5.3 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to this project. 5.4 Unless otherwise agreed by the TOWN and ENGINEER, the TOWN shall be responsible for negotiating and acquiring all required properties and/or easements necessary for any TOWN projects. • SECTION 6 - General Considerations 6.1 Termination 6.1.1 The obligation to provide further services under this AGREEMENT may be terminated by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Upon receipt of the written notice to terminate the defaulting party shall have ten days to cure the default to the satisfaction of the terminating party. 6.1.2 Termination for convenience: The TOWN Board of Trustees shall, at its sole option and absolute discretion, have the right to terminate this AGREEMENT and remove ENGINEER from the position of TOWN ENGINEER for any reason whatsoever by providing ENGINEER with a written notice to terminate to be effective upon five (5) days after notifying ENGINEER by registered mail, return receipt requested. ENGINEER hereby waives any rights to a charge in writing or an opportunity to be heard prior to removal. 6.1.3 At the time of any termination, ENGINEER shall promptly deliver to the Town or its designee all documents and materials, including but not limited to reports, plans, drawings, specifications, computer input and output, analyses, data, electronic files, and other materials of any kind, prepared or furnished by ENGINEER (and ENGINEER's independent professional associates, consultants and subcontractors) • pursuant to this AGREEMENT. The delivery of such materials shall be without further charge or expense to the Town other than Termination expenses. 6.2 Reuse of Documents All documents and materials, including but not limited to reports, plans, drawings, specifications, computer input and output, analyses, data, electronic files, and other materials of any kind, prepared or furnished by ENGINEER (and ENGINEER's independent professional associates, consultants and subcontractors) pursuant to this AGREEMENT, are documents and property of the TOWN. The TOWN acknowledges that documents provided by ENGINEER for specific projects are not intended or represented to be suitable for reuse by TOWN or others on extensions of such projects or on any other projects; any such reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at the TOWN's sole risk and without liability or legal exposure to ENGINEER. Any such verification or adaptation requested by the TOWN will entitle ENGINEER to further compensation at rates to be agreed upon by TOWN and ENGINEER. 6.3 Insurance and Indemnification 6.3.1 ENGINEER shall procure and maintain insurance for protection from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury 0 6L to or destruction of property including loss of use resulting therefrom. The workers' compensation insurance carried by ENGINEER shall be in accordance with statutory law and include employers' liability insurance with a limit of not less than $100,000 per accident, $500,000 disease, policy limit and $100,000 disease limit each employee. The general liability insurance carried by ENGINEER shall have minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate, shall include the TOWN as additional insured, with primary coverage as respects the TOWN, and shall contain a severability of interests' provision. ENGINEER shall also procure and maintain professional liability insurance with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate. All required insurances shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by ENGINEER pursuant to this AGREEMENT. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured by the ENGINEER to maintain such continuous coverage. Certificates of insurance evidencing such coverages shall be provided to the TOWN upon request. 6.3.2 ENGINEER shall also procure and maintain continuously comprehensive automobile liability insurance with minimum combined single limits for bodily injury and property damage of not less than $150,000 per person in any one occurrence and $500,000 for two or more persons in any one occurrence, and auto property damage insurance of at least $50,000 per claim, with respect to each of ENGINEER's, hired or non -owned vehicles assigned to or used in performance of the services under this AGREEMENT. The policy shall include the TOWN as additional insured with primary coverage as respects the TOWN and shall contain a . severability of interests' provision. 6.3.3 ENGINEER shall indemnify and hold the TOWN harmless against (1) claims by any employee of ENGINEER for compensation, fringe benefits of any kind whatsoever (including without limitation, pension rights or payments, insurance of any kind, reimbursement of medical expenses, vacation pay, sick leave or sick pay), or indemnification for tort claim damages or similar claims for damages (e.g. Section 1983 claims); and (2) claims by any other party for injury, loss or damage which arise out of or are connected with the services hereunder, if such injury, loss or damages is caused by the negligent, unlawful, or willful and wanton act or omission on the part of any ENGINEER employee acting pursuant to this AGREEMENT. 6.3.4 The ENGINEER or its employees shall not be deemed to assume any liability for intentional or negligent acts or omissions of the Town or any officer, agent, or employee thereof. The Town shall be responsible for such acts or omissions in the manner and to the extent provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et. seq. (CGIA) . 6.3.5 The parties hereto understand and agree that the Town is relying on, and does not waive or intend to waive by any provision of this AGREEMENT, the monetary limitations or any other rights, immunities, and protections provided by the CGIA, as from time to time amended, or otherwise available to the TOWN, its officers, or its employees. 1 • 6.4 Limitation of Liability TOWN, in consideration of the fees negotiated hereunder, specifically agrees to limit the liability of ENGINEER and its officers, directors, shareholders, partners, agents and employees for all damages of any kind or nature associated with errors or omissions of the ENGINEER for services rendered under this AGREEMENT, to the sum of $100,000.00 annual aggregate. 6.5 Controlling Law This AGREEMENT is to be governed by the law of the State of Colorado. 6.6 Successors and Assigns 6.6.1 TOWN and ENGINEER each is hereby bound, and the partners, successors, executors, administrators, assigns, and legal representatives of TOWN and ENGINEER are hereby bound to the other party to this AGREEMENT and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this AGREEMENT. 6.6.2 Neither TOWN nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent professional associates, consultants and subcontractors as ENGINEER may deem appropriate to assist in the performance of services hereunder; provided, however, that proposed use of any such associates, consultants and independent contractors, and the costs and fees for the services thereof, shall be subject to the prior written approval of the Town, which may be granted or withheld by the Town in its sole discretion. ENGINEER shall cause any associate, consultant or subcontractor providing services hereunder to procure and maintain those insurance coverages required by Section 6.3 above. 6.6.3 Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone other than TOWN and ENGINEER, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and exclusive benefit of TOWN and ENGINEER and not for the benefit of any other party. 6.7 Enforcement • In the event that suit is brought upon this AGREEMENT to enforce its terms, the prevailing party shall be entitled to its reasonable attorneys' fees and related court costs. 6.8 Quality of Work ENGINEER'S professional services shall be in accordance with the prevailing standard of practice normally exercised in the performance of professional services of a similar nature in the Denver metropolitan area. 6.9 Inspection The Town and its duly authorized representatives shall have access to any books, documents, papers, and records of the ENGINEER and its subcontractors that are related to this AGREEMENT for the purpose of making audit, examination, excerpts, and transcriptions. 6.10 Compliance with laws; Work by Illegal Aliens Prohibited 6.10.1 ENGINEER shall be solely responsible for compliance with all applicable federal, state, and local laws concerning its performance of services under this AGREEMENT; for payment of all applicable taxes; and obtaining and keeping in force all applicable licenses and certificates. 6.10.2 Exhibit B, the "Town of Firestone Public Services Contract Addendum - Prohibition Against Employing Illegal Aliens", is attached hereto and incorporated herein by reference. There is also attached hereto a copy of ENGINEER's Pre -Contract Certification which Engineer has executed and delivered to the TOWN prior to ENGINEER's execution of this Agreement. C� J • 40 SECTION 7 -EXTENT OF AGREEMENT This AGREEMENT (consisting of pages 1 to 9, inclusive), and the attached Exhibits A and B, constitute the entire AGREEMENT between TOWN and ENGINEER and supersede all prior written or oral understandings. This AGREEMENT and said Exhibits may only be amended, supplemented, modified, or canceled by duly executed written instrument. In witness whereof, the parties hereto have made and executed this AGREEMENT as of the day and year signed by the TOWN. TOWN OF FIRESTONE (TOWN) • € O By:T obbi SiMefar, Mayor �'.' f.; .......• GO ' N7Y, Attest: Leah Vanarsdall, Town Clerk Date: j 0 COLORADO CIVIL GROUP, INC. (ENGINEER) _ By: David B. Lindsay, President Attest: L Date: G — -7— a2 d / -7 cf& Exhibit A 2019 Summary of Fees ENGINEERS ($/hr) Senior Project Engineer $105 - $127 Project Engineer $95 - $120 Design Engineer $85 - $115 CONSTRUCTION INSPECTION ($Ihr) Senior Inspector $80 - $100 Inspector $65 - $85 DESIGNER/CAD TECH ($/hr) Senior Designer/Tech $75 - $100 Designer/CAD Tech $50 - $80 ADMINISTRATIONISUPPORT SERVICES($/ham 40 Secretarial/Clerical $35 - $50 REIMBURSABLES Mileage $0.50/mi. Copies (standard in-house) Labor Rate Copies (standard out -sourced) Cost + 5% Copies (2036 in-house) Labor Rate Copies (24x36 out -sourced) Cost + 5% Miscellaneous Expenses Cost + 5% Sub -Consultants Cost + 5% 10 0 0 Exhibit B Town of Firestone Public Services Contract Addendum Prohibition Against Employing Illegal Aliens Prohibition Against Employing Illegal Aliens. Colorado Civil Group, Inc. (ENGINEER) shall not knowingly employ or contract with an illegal alien to perform work under this contract. ENGINEER shall not enter into a contract with a subcontractor that fails to certify to the ENGINEER that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. ENGINEER has verified or attempted to verify through participating in the basic pilot program as defined in C.R.S. Section 8-17.5-101(1) ("Program") that ENGINEER does not employ any illegal aliens and, if ENGINEER is not accepted into the Program prior to entering into this contract, that ENGINEER shall apply to participate in the Program every three months until ENGINEER is accepted or the contract has been completed, whichever is earlier. This provision shall not be required or effective if the Program is discontinued. ENGINEER is prohibited from using the Program procedures to undertake pre -employment screening of job applicants while this contract is being performed. If ENGINEER obtains actual knowledge that a subcontractor performing work under this contract for services knowingly employs or contracts with an illegal alien, ENGINEER shall: . a. Notify the subcontractor and the TOWN within three days that the ENGINEER has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that the ENGINEER shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. ENGINEER shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. Section 8-17.5-102(5). If ENGINEER violates a provision of this Contract required pursuant to C.R.S. Section 8-17.5- 102, the TOWN may terminate the contract for breach of contract. If the contract is so terminated, the ENGINEER shall be liable for actual and consequential damages to the TOWN. 0 11 * 4 Town of Firestone Contractor's Pre -Contract Certification Regarding Employing illegal Aliens The proposer of public services to the Town of Firestone identified below (hereafter "the Proposer'), hereby certifies as follows: That at the time of providing this certification, Proposer does not knowingly employ or contract with an illegal alien; and that Proposer has participated in or attempted to participate in the Basic Pilot Program administered by the United States Department of Homeland Security in order to verify that it does not employ any illegal aliens. Dated this --7 day of2•:r , 20 t q Proposer: Colorado Civil Group, Inc. By: 1 Title: President 12 . RESOLUTION 19-49 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND COLORADO CIVIL GROUP, INC. REGARDING ENGINEERING DESIGN SERVICES FOR THE COLORADO BOULEVARD AND ZINNIA AVENUE TURN LANE IMPROVEMENTS PROJECT WHEREAS, the Town of Firestone (the "Town") is in need of engineering design services for the Colorado Boulevard and Zinnia Avenue Turn Lane Improvements Project (the "Project"); and WHEREAS, Colorado Civil Group, Inc., is duly accredited and has the skill and experience to perform the engineering services required for the Project, and desires to perform the engineering services required for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and Colorado Civil Group, Inc., for engineering services for the Colorado Boulevard and Zinnia Avenue Turn Lane Improvements Project is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 12t` day of June, 2019. TOaWN :Q f; �Q O*% ! O0U►VTY, C014-) Leah Vanarsdall, Town Clerk AS TO FORM: WilliA(I/llayashi, Town Attorney TOWN OF FIRESTI&ORADO o i Sindel ayor • AGREEMENT for PROFESSIONAL ENGINEERING SERVICES for THE TOWN OF FIRESTONE Colorado Boulevard and Zinnia Avenue Turn Lane Improvements Design Project No. 0668.0192.00 This is an AGREEMENT made between THE TOWN OF FIRESTONE, a Colorado statutory Town (TOWN) and COLORADO CIVIL GROUP, INC., a Colorado Corporation (ENGINEER). Whereas, TOWN desires to have certain engineering services performed by ENGINEER relative to the design of turn lane improvements in the southeast corner at the intersection of Colorado Boulevard and Zinnia Avenue in the Town of Firestone, Weld County, Colorado. Whereas, the ENGINEER is duly accredited, and this AGREEMENT provides for said professional engineering services. Therefore, TOWN and ENGINEER, in consideration of their mutual covenants herein, agree in respect of the performance of professional engineering services provided by ENGINEER and the payment for those services by OWNER as set forth in Sections 1 through 4 below. SECTION 1- Bask Services For the purposes of this AGREEMENT, the Basic Services shall include professional civil engineering design services, as further described herein, relative to the addition of a turn lane and associated drainage and utility improvements at the intersection of Colorado Boulevard and Zinnia Avenue, (the "Project"). Specific tasks to be performed shall be: 1.1 Base Material The ENGINEER will prepare base mapping of the project area and collect information regarding existing property and facilities along the route of the work. Existing conditions in the project area will be assessed both on and below the surface. This effort shall include: 1.1.1 Digital aerial photography and some planimetrics will be obtained using DRCOG Aerial Photography (2016 images). w -' .A1 1.1.2 Planimetrics and topography will be obtained from a field survey and used as the i basis of the project mapping and construction plans. 1.1.3 Existing utilities and structures within the survey corridor will be located and evaluated. Existing utility conflicts will be evaluated and relocation requirements will be identified. 1.1.4 The ENGINEER shall retain the services of a private company to pothole existing buried utilities to confirm location and determine depth of bury. 1.1.5 It is recognized that in performing its services, including but not limited to the identification, location and evaluation of existing facilities and property ownership rights ENGINEER will rely on records, documentation and observations, some of which may not be capable of confirmation without expending substantial sums of money and/or destroying or damaging serviceable facilities or structures. Accordingly, ENGINEER shall not be liable for any, loss, damage, cost or expense resulting from actual conditions which differ from the records, documents and observations relied upon by ENGINEER unless and to the extent such loss, damage, cost or expense is directly attributable to ENGINEER'S sole negligence. 1.2 Turn Lane Improvements Design The ENGINEER shall prepare final construction plans for the improvements to Colorado Boulevard at the intersection of Zinnia Avenue utilizing new survey data for roadway alignments, street cross -sections and utility and drainage relocations and improvements. The improvements to Colorado Boulevard consist of adding a turn -lane east bound onto Zinnia Avenue and tying improvements to existing conditions. New striping and signage will be included with the design. Specific design elements shall include: 1.2.1 The ENGINEER shall prepare a removal and relocation plan at a minimum scale of 1 "=50'. 1.2.2 The ENGINEER shall prepare a grading and erosion control plan at a minimum scale of 1 °=50'. 1.2.3 The ENGINEER shall prepare a street plan and profile at a minimum scale of 1 "=50'. 1.2.5 The ENGINEER shall prepare a street signing and striping plan at a minimum scale of 1 "=50'. 1.2.6 The ENGINEER shall prepare a street cross-section plan every 100 feet which shows the existing ground, and proposed improvements. 2 0 1.2.7 The ENGINEER shall prepare a drainage memorandum to discuss how the planned improvements accommodate future roadway improvements and offsite drainage adjacent to the Project. 1.2.10 The ENGINEER will work with appropriate utility companies for any potential utility relocations that will be required. The ENGINEER will design these utility relocations where needed and the ENGINEER's potholing contractor will be used to confirm existing utility location and elevation information. 1.2.10 The ENGINEER shall prepare a Storm Water Management Plan report and submit a discharge permit application to the State of Colorado. 1.2.11 The ENGINEER shall prepare a public improvements opinion of cost. 1.2.12 ENGINEER shall render its services in accordance with generally accepted engineering standards and practices as such standards and practices are normally exercised in the performance of professional standards of a similar nature in the Denver metropolitan area. 1.3 Construction Documents The ENGINEER shall prepare construction documents including bidding materials, construction contract, and construction specifications. These documents shall conform to the form and format of the Engineers Joint Contract Documents Committee General Conditions, as previously utilized by the TOWN and ENGINEER on previous projects. 1.4 Construction Project Bidding The ENGINEER shall conduct bidding for the proposed construction work. Specific design elements shall include: 1.4.1 The ENGINEER shall issue an invitation to bid to the Town's select bidders list as well as a public bidding advertisement. Bidding documents will be made available to bidders via electronic files that can be accessed by invited contractors on a data storage site. 1.4.2 The ENGINEER shall conduct a pre -bid meeting to further present the project and to respond to bidder questions. The Engineer shall field and respond to all questions and requests for clarification. 1.4.3 The ENGINEER shall open and tabulate bids for the project. A formal recommendation regarding award of the construction contract will be provided to the Town. SECTION 2 - Additional Services Services not contemplated in Section 1 may be required of ENGINEER by the TOWN. if such work is to be performed a change order to the AGREEMENT will be prepared and presented to 0 3 the TOWN prior to initiation of said work. Descriptions of additional services, compensation, and period -of -services adjustments will be presented in the change order, prior to starting any additional services. Specific services not included in this AGREEMENT include, but are not limited to: 2.1 Negotiation of property or easement acquisition. 2.2 Coordination or scheduling of neighborhood or other public meetings. 2.3 Wetland mitigation plans or permitting. 2.4 Construction management, construction inspection, or construction staking. SECTION 3 - Period of Service The Period of Service for this work shall commence upon the signing of this contract by TOWN and shall end at the completion of Basic Services. Work shall progress in a timely manner to support the schedule established by TOWN and ENGINEER. SECTION 4 - Compensation 4.1 Methods of Payment for Services and Expenses of En ineer . 4.1.1 TOWN shall pay ENGINEER for Basic Services rendered under Section 1 a lump sum fee of $46,700.00. Such amount shall be inclusive of all costs of whatsoever nature associated with ENGINEER's efforts, including but not limited to salaries, benefits, expenses, overhead, administration and profits. 4.1.2 Services authorized and provided under Section 2 - Additional Services, will be based on hourly rates plus expenses according to ENGINEERS's then current Schedule of Fees (Exhibit A). 4.2 Times of Payments ENGINEER shall submit monthly invoices for a portion of the lump sum fee based upon ENGINEER's estimate of the proportion of the services actually completed at the time of billing. 4.3 Other Provisions Concernina Payments 4.3.1 If TOWN fails to make any payment due ENGINEER for services and expenses within forty-five days after receipt of ENGINEER's invoice, the amounts due ENGINEER will be increased at the rate of 1%% per month from said forty fifth day, and in addition, ENGINEER may, after giving seven days' written notice to 4 9 TOWN, suspend services under this AGREEMENT until ENGINEER has been paid in full all amounts due for services, expenses, and charges. 4.3.2 In the event of termination by TOWN under paragraph 6.1.2 upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by the TOWN during any phase of the Basic Services, ENGINEER will be paid for services rendered during that phase on the basis of ENGINEER's hourly rates based on the current Schedule of Fees for services rendered during that phase to date of termination by ENGINEER's principals and employees engaged directly in work for the TOWN. In the event of any such termination, ENGINEER also will be reimbursed for the charges of independent professional associates, consultants and subcontractors employed by ENGINEER and authorized by the TOWN to render Basic Services through ENGINEER and for all unpaid Additional Services and unpaid Reimbursable Expenses, plus all termination expenses. Termination expenses mean Reimbursable Expenses directly attributable to termination. 4.3.3 It is understood and agreed that the TOWN, and not any landowner subject to a reimbursement agreement with the TOWN, is responsible for all payments under this AGREEMENT. SECTION 5 - TOWN's Responsibilities is TOWN shall do the following in a timely manner so as not to delay the services of ENGINEER: 5.1 As appropriate, designate responsible representatives to provide direction to the ENGINEER with respect to services provided pursuant to this AGREEMENT. The TOWN Board of Trustees or its delegatee shall transmit instructions, receive information, interpret and define TOWN's policies and decisions with respect to ENGINEER's services provided pursuant to this AGREEMENT. 5.2 Provide all criteria and full information as to TOWN's requirements as necessary for performance of ENGINEER's services, including, with respect to TOWN projects, design or project objectives and constraints, space capacity and performance requirements, flexibility and expendability, and any budgetary limitations. 5.3 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to this project. 5.4 Unless otherwise agreed by the TOWN and ENGINEER, the TOWN shall be responsible for negotiating and acquiring all required properties and/or easements necessary for any TOWN projects. SECTION 6 - General Considerations 0 6.1 Termination 0 6.1.1 The obligation to provide further services under this AGREEMENT may be terminated by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Upon receipt of the written notice to terminate the defaulting party shall have ten days to cure the default to the satisfaction of the terminating party. 6.1.2 Termination for convenience: The TOWN Board of Trustees shall, at its sole option and absolute discretion, have the right to terminate this AGREEMENT and remove ENGINEER from the position of TOWN ENGINEER for any reason whatsoever by providing ENGINEER with a written notice to terminate to be effective upon five (5) days after notifying ENGINEER by registered mail, return receipt requested. ENGINEER hereby waives any rights to a charge in writing or an opportunity to be heard prior to removal. 6.1.3 At the time of any termination, ENGINEER shall promptly deliver to the Town or its designee all documents and materials, including but not limited to reports, plans, drawings, specifications, computer input and output, analyses, data, electronic files, and other materials of any kind, prepared or furnished by ENGINEER (and ENGINEER's independent professional associates, consultants and subcontractors) pursuant to this AGREEMENT. The delivery of such materials shall be without further charge or expense to the Town other than Termination expenses. 6.2 Reuse of Documents 0 All documents and materials, including but not limited to reports, plans, drawings, specifications, computer input and output, analyses, data, electronic files, and other materials of any kind, prepared or furnished by ENGINEER (and ENGINEER's independent professional associates, consultants and subcontractors) pursuant to this AGREEMENT, are documents and property of the TOWN. The TOWN acknowledges that documents provided by ENGINEER for specific projects are not intended or represented to be suitable for reuse by TOWN or others on extensions of such projects or on any other projects; any such reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at the TOWN's sole risk and without liability or legal exposure to ENGINEER. Any such verification or adaptation requested by the TOWN will entitle ENGINEER to further compensation at rates to be agreed upon by TOWN and ENGINEER. 6.3 Insurance and Indemnification 6.3.1 ENGINEER shall procure and maintain insurance for protection from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. The workers' compensation insurance carried by ENGINEER shall be in accordance with 6 statutory law and include employers' liability insurance with a limit of not less than $100,000 per accident, $500,000 disease, policy limit and $100,000 disease limit each employee. The general liability insurance carried by ENGINEER shall have minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate, shall include the TOWN as additional insured, with primary coverage as respects the TOWN, and shall contain a severability of interests' provision. ENGINEER shall also procure and maintain professional liability insurance with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate. All required insurances shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by ENGINEER pursuant to this AGREEMENT. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured by the ENGINEER to maintain such continuous coverage. Certificates of insurance evidencing such coverages shall be provided to the TOWN upon request. 6.3.2 ENGINEER shall also procure and maintain continuously comprehensive automobile liability insurance with minimum combined single limits for bodily injury and property damage of not less than $150,000 per person in any one occurrence and $500,000 for two or more persons in any one occurrence, and auto property damage insurance of at least $50,000 per claim, with respect to each of ENGINEER's, hired or non -owned vehicles assigned to or used in performance of the services under this AGREEMENT. The policy shall include the TOWN as additional insured with primary coverage as respects the TOWN and shall contain a severability of interests' provision. 6.3.3 ENGINEER shall indemnify and hold the TOWN harmless against (1) claims by any employee of ENGINEER for compensation, fringe benefits of any kind whatsoever (including without limitation, pension rights or payments, insurance of any kind, reimbursement of medical expenses, vacation pay, sick leave or sick pay), or indemnification for tort claim damages or similar claims for damages (e.g. Section 1983 claims); and (2) claims by any other party for injury, loss or damage which arise out of or are connected with the services hereunder, if such injury, loss or damages is caused by the negligent, unlawful, or willful and wanton act or omission on the part of any ENGINEER employee acting pursuant to this AGREEMENT. 6.3.4 The ENGINEER or its employees shall not be deemed to assume any liability for intentional or negligent acts or omissions of the Town or any officer, agent, or employee thereof. The Town shall be responsible for such acts or omissions in the manner and to the extent provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et. seq. (CGIA). 6.3.5 The parties hereto understand and agree that the Town is relying on, and does not waive or intend to waive by any provision of this AGREEMENT, the monetary limitations (presently $350,000 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the CGIA, as from time to time amended, or otherwise available to the TOWN, its officers, or its employees. 6.4 Limitation of Liability i TOWN, in consideration of the fees negotiated hereunder, specifically agrees to limit the liability of ENGINEER and its officers, directors, shareholders, partners, agents and employees for all damages of any kind or nature associated with errors or omissions of the ENGINEER for services rendered under this AGREEMENT, to the sum of $300,000.00 annual aggregate. 6.5 Controlling. Law This AGREEMENT is to be governed by the law of the State of Colorado.6.6Successors and Assigns 6.6.1 TOWN and ENGINEER each is hereby bound, and the partners, successors, executors, administrators, assigns, and legal representatives of TOWN and ENGINEER are hereby bound to the other party to this AGREEMENT and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this AGREEMENT. 6.6.2 Neither TOWN nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent professional associates, consultants and subcontractors as ENGINEER may deem appropriate to assist in the performance of services hereunder; provided, however, that proposed use of any such associates, consultants and independent contractors, and the costs and fees for the services thereof, shall be subject to the prior written approval of the Town, which may be granted or withheld by the Town in its sole discretion. ENGINEER shall cause any associate, consultant or subcontractor providing services hereunder to procure and maintain those insurance coverages required by Section 6.3 above. 6.6.3 Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone other than TOWN and ENGINEER, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and exclusive benefit of TOWN and ENGINEER and not for the benefit of any other party. 6.7 Enforcement In the event that suit is brought upon this AGREEMENT to enforce its terms, the prevailing party shall be entitled to its reasonable attorneys' fees and related court costs. • • is 6.8 Quality of Work ENGINEER'S professional services shall be in accordance with the prevailing standard of practice normally exercised in the performance of professional services of a similar nature in the Denver metropolitan area.6.9 Inspection The Town and its duly authorized representatives shall have access to any books, documents, papers, and records of the ENGINEER and its subcontractors that are related to this AGREEMENT for the purpose of making audit, examination, excerpts, and transcriptions. 6.10 Compliance with laws; Work by Illegal Aliens Prohibited 6.10.1 ENGINEER shall be solely responsible for compliance with all applicable federal, state, and local laws concerning its performance of services under this AGREEMENT; for payment of all applicable taxes; and obtaining and keeping in force all applicable licenses and certificates. 6.10.2 Exhibit B, the "Town of Firestone Public Services Contract Addendum - Prohibition Against Employing Illegal Aliens", is attached hereto and incorporated herein by reference. There is also attached hereto a copy of ENGINEER's Pre -Contract Certification which Engineer has executed and delivered to the TOWN prior to ENGINEER's execution of this Agreement. SECTION T - EXTENT OF AGREEMENT This AGREEMENT (consisting of pages 1 to 9, inclusive), and the attached Exhibits A and B, constitute the entire AGREEMENT between TOWN and ENGINEER and supersede all prior written or oral understandings. This AGREEMENT and said Exhibits may only be amended, supplemented, modified, or canceled by duly executed written instrument. In witness whereof, the parties and year signed by the TOWN. TOWN OF FIRESTONE (TOWN By: t4�i 1� 6P)h bbi Sin dAr, Mavor Attest: — fits" 1 Va "'"' Leah Vanarsdall, Town Clerk Date: 0 and executed this AGREEMENT as of the day CIVIL GROUP, INC. NGINEER) David B. Lindsay, President Attest: Date: �p - 7 — d d I `7 ENGINEERS ($Ihr) Senior Project Engineer Project Engineer Design Engineer Exhibit A 2019 Summary of Fees $105 - $127 $95 - $120 $85 - $115 CONSTRUCTION INSPECTION ($Ihr) Senior Inspector Inspector $8o - $too $65 - $85 DESIGNER/CAD TECH ($Ihr) Senior Designer/Tech Designer/CAD Tech $75 - $100 $50 - $80 ADMINISTRATION/SUPPORT SERVICES ($Ihr) Secretarial/Clerical $35 - $50 REIMBURSABLES Mileage $0.50/mi. Copies (standard in-house) Labor Rate Copies (standard out -sourced) Cost + 5% Copies (2036 in-house) Labor Rate Copies (2036 out -sourced) Cost + 5% Miscellaneous Expenses Cost + 5% Sub -Consultants Cost + 5% • 10 0 L ` ? 0 Exhibit 8 Town of Firestone Public Services Contract Addendum Prohibition Against Employing Illegal Aliens Prohibition Against Employina Illegal Aliens. Colorado Civil Group, Inc. (ENGINEER) shall not knowingly employ or contract with an illegal alien to perform work under this contract. ENGINEER shall not enter into a contract with a subcontractor that fails to certify to the ENGINEER that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. ENGINEER has verified or attempted to verify through participating in the basic pilot program as defined in C.R.S. Section 8-17.5-101(1) ("Program") that ENGINEER does not employ any illegal aliens and, if ENGINEER is not accepted into the Program prior to entering into this contract, that ENGINEER shall apply to participate in the Program every three months until ENGINEER is accepted or the contract has been completed, whichever is earlier. This provision shall not be required or effective if the Program is discontinued. ENGINEER is prohibited from using the Program procedures to undertake pre -employment screening of job applicants while this contract is being performed. If ENGINEER obtains actual knowledge that a subcontractor performing work under this contract for services knowingly employs or contracts with an illegal alien, ENGINEER shall: a. Notify the subcontractor and the TOWN within three days that the ENGINEER is has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that the ENGINEER shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. ENGINEER shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. Section 8-17.5-102(5). If ENGINEER violates a provision of this Contract required pursuant to C.R.S. Section 8-17.5- 102, the TOWN may terminate the contract for breach of contract. If the contract is so terminated, the ENGINEER shall be liable for actual and consequential damages to the TOWN. 9 11 Town of Firestone , Contractor's Pre -Contract Certification Regarding Employing Illegal Aliens The proposer of public services to the Town of Firestone identified below (hereafter "the Proposer'), hereby certifies as follows: That at the time of providing this certification, Proposer does not knowingly employ or contract with an illegal alien; and that Proposer has participated in or attempted to participate in the Basic Pilot Program administered by the United States Department of Homeland Security in order to verify that it does not employ any illegal aliens. Dated this _! 7Lday of �r� �� 20 Proposer: Colorado Civil Group, Inc. By: l Title: President • 12 9 I.3�T.Y1]-Illy Y-[I7►�►[f7f L3f:: A RESOLUTION OF THE BOARD OF TRUSTEES APPROVING THE ENCROACHMENT LICENSE AGREEMENT WITH KERR-MCGEE GATHERING LLC AND AUTHORIZING THE MAYOR TO SIGN THE ENCROACHMENT LICENSE AGREEMENT. WHEREAS, on September 25, 2006, Foundation Energy Management, LLC, and EnCana Oil & Gas (USA) Inc. entered into a Compatible Development and Surface Use Agreement with the Town of Firestone and the Firestone Finance Authority and such agreement was recorded in the records of the Clerk and Recorder of Weld County, Colorado at Reception No. 3427732 on October 16, 2006; and WHEREAS, Crestone Peak Resources Holdings LLC is the successor -in -interest to the mineral operating working interests of Foundation Energy Management, LLC and EnCana Oil & Gas (USA) Inc. in the Property and under the Compatible Development and Surface Use Agreement; and WHEREAS, on December 12, 2018, Crestone Peak Resources Holdings LLC entered into the First Amendment to Compatible Development and Surface Use Agreement with the Town of Firestone and the Firestone Finance Authority; and WHEREAS, on February 27, 2019, the Town of Firestone Board of Trustees approved a Special Use Permit for Crestone Peak Resources for oil and gas wells for the property; and WHEREAS, an underground gas gathering pipeline and appurtenant underground facilities are necessary for the conveyance of natural gas from the oil and gas wells; and WHEREAS, the Town of Firestone desires to provide a 30' wide license area and right-of- way crossing at Pine Cone Avenue to Kerr McGee Gathering LLC to accommodate such facilities; and WHEREAS, the Board of Trustees of the Town of Firestone considered the acceptance of the Encroachment License Agreement, attached hereto as Exhibit A, on June 12, 2019; and WHEREAS, the Board of Trustees of the Town of Firestone believes it is in the best interest of the Town and its citizens to accept the Encroachment License Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. The Board of Trustees of the Town of Firestone hereby approves the Encroachment License Agreement, attached hereto as Exhibit A, with Kerr McGee Gathering LLC and authorizes the Mayor to sign and bind the Town to the Agreement. INTRODUCED, READ AND ADOPTED this 12th day of dune, 2019. Exhibit A Encroachment License Agreement i 4501162 Pages: 1 of 14 06/27/2019 11:17 AM R Fee:$78.00 Carly Koppes, Clark and Reoorder, Weld County, CO ENCROACHMENT LICENSE AGREEMENT (Town of Firestone) This ENCROACHMENT LICENSE AGREEMENT ("Agreement") dated to be effective on [0] ("Effective Date") is between the Town of Firestone, a Colorado municipal corporation, the Firestone Finance Authority, a corporate body politic of the State of Colorado, (individually, the "Town" and "FFA," respectively, and collectively, "Owner"), and Kerr-McGee Gathering LLC, a Colorado limited liability company ("Licensee"). Town and Licensee may be referred to in the singular sense as a "Party" or in the collective sense as the "Parties." Recitals The Town and FFA are the owners of real property Iocated in the Town of Firestone in Weld County, Colorado (collectively, "Town Property"). Licensee proposes to construct, own and operate a single 8" underground gas gathering pipeline and appurtenant underground facilities ("Underground Facilities") located on Town Property, as described in more particular detail on Exhibit A attached hereto and incorporated herein ("License Area"). The Parties desire to enter into a license agreement respecting the Licensee's encroachment upon and use of the Town Property pursuant to the terms and conditions set forth herein. Agreement For good and valuable consideration given and acknowledged by the Parties, and in consideration of the provisions set forth herein, the parties agree as follows: 1. Grant of License. Owner hereby grants to Licensee a -personal privilege, in the form of a revocable, non-exclusive license ("License"), subject to the terms and conditions as set forth herein, to use the License Area. 2. Use of Town Proneriv. (a) The License Area maybe used by the Licensee for the sole and exclusive purpose of accessing, locating, constructing, installing, operating, maintaining, repairing, removing, and replacing the Underground Facilities. (b) The Underground Facilities shall be installed in accordance with the plans and specifications approvedby the Town Engineer prior to beginning the installation of such Underground Facilities. The Town Engineer may require modifications to such plans and specifications prior to approval thereof. Any proposed changes to the approved plans and specifications shall be submitted to the Town for review and approval in writing prior to making such changes. (c) All work approved by the Town shall be completed in compliance with all codes, ordinances, rules, and regulations of the Town. (d) .All Underground Facilities installed within the License Area shall be buried to a depth ofnot less than sixty inches (60") from the existing ground elevation. Except for surface markers, all facilities installed pursuant to the license granted herein shall be located entirely underground. (e) Except for the Underground Facilities specifically authorized by Owner, Licensee shall not place, build, erect, or add any structures, pipelines, facilities, improvements or other items on, under, over or across the License Area or Town Property. (i) Any changes, expansions or alterations in anyway to the Underground Facilities shall require additional advance approval by Owner. -1- 4501162 Pages: 2 of 14 06/27/2019 11:17 AM R Fae:$78.00 Carly Koppes, Clark and Reoorder, Weld County, Co mill �s#�W� a6#till;�l �ti�f�F��L�I��GYi 11111 (g) Licensee's use of the License Area shall be subject to all existing utility easements, if any, located on, under, or above'the Town Property.- (h) Licensee acknowledges that the use hereunder is of the License Area in its present, as -is condition with all faults, whether patent or latent, andwithout warranties or covenants, express or implied. Licensee acknowledges that Owner shall have no obligation to repair, replace, or improve any portion of the Town Property in order to make the License Area or Town Property suitable for Licensee's intended uses. 3. Term and Termination. (a) This Agreement shall commence on the Effective Date, and shall continue until terminated pursuant to Section 3(b). (b) The Town may terminate this Agreement by delivering 30 days advance written notice to Licensee, if Licensee removes and does not replace 'the Underground Facilities, abandons its use or operation of the Underground Facilities, or otherwise abandons its use and enjoyment of the License Area pursuant to the rights granted. herein. (c) Either Party may terminate this Agreement if the other Party defaults in the performance of any of its obligations hereunder and fails to cure such default within 30 days following the giving of written notice by the other party ("Cure Period"), unless such Cure Period is extended by mutual agreement of the Parties. (d) In the event'of termination, Licensee shall not be entitled to receive a refund of any portion of the consideration paid herein for the License, nor shall Licensee be compensated for the cost of removal of Licensee's improvements from the Town Property_ 4. Consideration. Licensee shallremit payment of consideration of TWENTY-ONE THOUSAND, FIFTY DOLLARS AND NO1100 ($21,050.00) to the Town concurrently with the execution and delivery of this Agreement. • 5. No Estate Created or Conveyed. It is the express intent of the Parties that the License granted herein does not create or convey an estate, interest, or claim in or to the Town Property or License Area, and that the Licensee's location, constriction, and use of Underground Facilities on the Town Property does not create a license coupled with any property interest in or claim to the License Area or Town Property. G. Reservation of Rights. (a) Owner reserves all other rights in mid to the License Area, including the right to use and occupy the License Area for any purpose whatsoever, including without limitation, other utilities and utility crossings, irrigation systems, Iandscaping, vehicular and pedestrian access, or any other surface or underground improvements. Notwithstanding, any underground facilities, other than fiber optic, conduit, tracer wire and other accessories and component equipment ("Town. Fiber Optic Infrastructure"), installed within the License Area shall maintain vertical separation of two feet and horizontal separation of ten feet from Licensee's Underground Facilities. With respect to any Town Fiber Optic Infrastructure installed within the License Area, the Town shall maintain vertical separation and horizontal separation from Licensee's Underground Facilities as described and depicted in more detail in Exhibit A. (b) Should the Underground Facilities, for any reason, impede, restrict or limit in any manner whatsoever Owner's use of the License Area, Licensee shall be responsible for any incremental cost incurred by the Town or FFA to bypass or to avoid disturbing the Underground Facilities when designing, constructing, installing, Qr modifying any future improvements within the License Area. -2- 4501162 Pages: 3 of 14 00 'a�Ly7o pp9,1Clark and RsoorAM R rder,,7Weld County- Co Bill VAN NI' IWKHIC�l�kt� I&M 41fu 41Iik 1l lil (c) Licensee's loss of use of the Underground Facilities arising out of or relating to the Owner's use of the License Area shall not entitle Licensee to any compensation for damages or loss from Owner, in any manner whatsoever. 7. Record Drawings. On or before the 601 day following Licensee's completion of construction of Underground Facilities, Licensee shall provide Owner detailed digital record drawings of such Underground Facilities for review and acceptance in conformance with the Town's Design Criteria. Record Drawings shall show the location of the Underground Facilities with a reference distance to an existing section momunent. The plan view shall also show existing surface features and known utilities within ten (10) feet of the License Area, as well as any valves, fittings, or other appurtenances on the gas pipeline and within the License Area. 8. Monumentatian and Marking. Licensee shall place and maintain permanent, above -grade monumentation. and marlang at all locations where the Underground Facilities enter upon the boundaries of the License Area, at changes of direction, and enter upon the boundaries of road right-of-way, as approved by the Town Engineer. Markers shall include phone numbers to call for line locates and 24-hour emergency repair. Licensee shall install tracer wire no more than 18" above and along the entire length of the Underground Facilities. 9. Permitted Users. Licensee's affiliates, employees, business invitees, contractors, tenants, contractors, lessees, agents, customers and others ("Perm fitted Users") may use the License, provided that all such uses shall be within the scope of this Agreement. 10. Maintenance. (a) Licensee agrees to take such actions, at its sole expense, as are necessary to maintain the Underground Facilities in good and safe working condition at all times. Licensee further agrees to comply at all times with the ordinances, resolutions, rules, and regulations of the Town in Licensee's use and occupancy of the Town Property. (b) In the exercise of its rights pursuant to this Agreement, Licensee shall avoid any damage or interference with any Owner installations, structures, utilities, or improvements on, under, or adjacent to the Town Property. 11. Damage and Restoration. Licensee shall be responsible for all damage to the License Area or Town Property, including damage to any root structures of trees within the grove north of Pine Cone Avenue, arising out of or resulting from the Underground Facilities, or its use of the Underground Facilities or License granted herein. Licensee, at its sole expense, shall restore the surface of the License Area and shall restore any improvements, landscaping, and other facilities located in the License Area to the conditions that existed immediately prior to the commencement of any of Licensee's activities permitted hereunder. 12. Assignment. Licensee may not assign or transfer this Agreement, except upon the express written authorization of the Town, which authorization shall not be unreasonably withheld, conditioned, or delayed. Such consent, if granted by the Town, shall be conditioned upon such assignee's assumption, in writing in a form acceptable to Town, of all of Licensee's obligations set forth herein. 13. Removal Of Encroachment Upon Termination. Upon termination of this Agreement, the Parties agree that Licensee shall cut, clean, and remove all Licensee's Underground Facilities located on Town Property, unless such removal of Licensee's Underground Facilities is waived by the Town in its sole discretion, and Licensee shall cap and structurally fill any underground pipeline installed within the road right-of-way. 14. Insurance. (a) Coverages. Licensee shall procure and maintain or self -insure, at its own cost, a policy or policies of insurance sufficient to insure against, claims, demands, and other obligations assumed by Licensee pursuant to this -3- 4501162 Pages: 4 of 14 i 06/27/2019 11:17 AM R Fee:$78.00 Carly Koppea, Clerk and Rewarder, Weld County, CO Agreement. All of Licensee's contractors shall be insured pursuant to their master service contracts with Licensee. Such coverages shall include: (i) Worker's Compensation insurance as required by law. (ii) Commercial General Liability insurance with minimum combined single limits of $2,000,000 per occurrence for bodily injury and property damage and $5,000,000 general aggregate including premises and operations, personal and advertising injury, blanket contractual liability, and products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees and contractors as additional insureds to the extent of the liabilities assumed by Licensee herein. (iii)Excess or Umbrella Liability insurance, on an occurrence basis, in excess of the Commercial General Liability insurance, with coverage as broad as such policy, with a limit of $2,000,000. (b) Form. Such insurance shall be in addition to any other insurance requirements imposed by law. In the case of any clainls-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Licensee. Licensee shall be solely responsible for any deductible losses under any policy. (c) Certificate. Licensee shall provide to Owner a certificate of insurance or self-insurance letter as evidence that the required coverages are in full force and effect. The certificate or letter shall identify this Agreement. 15. Waiver Of Claims Against Owner. Licensee hereby waives any and all claims which Licensee may or night hereafter have or acquire against Owner for loss or damage to the Licensee's improvements arising from the use by Owner, or the public, of the Town's Property for any purpose, except to the extent such claims are caused by the negligence of the Owner, its officers, its employees, or its subcontractors. 16. Indemnification. Licensee agrees to indemnify, defend and hold harmless Owner, its officers, employees, and insurers from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, to the extent caused by Licensee, and which arise out of or are in any manner connected with: (i) the existence of the I Underground Facilities; or (ii) the use, maintenance or repair of the Underground Facilities and the use of the License Area pursuant to this Agreement. Licensee agrees to investigate, handle, respond to, and to provide defense for and defend against any such liability, claims or demands at its sole expense. 17. Mechanics' Liens. Licensee shall not allow any mechanics' or similar liens to be filed against the Town's Property arising from any work done by Licensee on the Town's Property, and Licensee shall indemnify and hold Town harmless with respect thereto, including any attorney's fees incurred by Owner in connection with any such lien or claim. If any mechanics' or other liens shall be created or filed against the Town's Property by reason of labor performed by, or materials famished for, the Licensee, the Licensee shall, within 30 days thereafter, at the Licensee's own cost and expense, cause such lien or liens to be satisfied and discharged of record together with any Notices Of Intention To File Mechanic's Lien that may have been filed. 18. Notices. Any notice required or permitted under this Agreement shall be in writing and .shall be sufficient if personally delivered or mailed by certified mail, return receipt requested, addressed to the following: (i) if to the Town, Attn: Town Manager, Town of Firestone, P.O. Box 100, Firestone, CO 80520; (ii) if to the FFA, Attn: _ , P.O. Box 100, Firestone, CO 80520; and (iii) if to the Licensee, Attn. Contract Administration, Kerr-McGee Gathering LLC,109918" Street, Suite 1800, Denver,'Colorado 80202. Notices mailed in accordance with the provisions of this Paragraph shall be deemed to have been given upon mailing. Notices -4- personally delivered shall have been deemed to have been given upon delivery. Either party may change its address by giving notice thereof to the other party in the manner provided in this Section 19. 19. Attorney 's Fees,. If any action is brought in a court of law by either party to this Agreement concerning the enforcement, interpretation or construction of this Agreement, the prevailing party, either at trial or upon appeal, shall be entitled to reasonable attorney's fees as well as costs, including expert witness's fees, inciuTed in the prosecution or defense of such action. 20. Waiver. The failure of either party to exercise any of its rights under this Agreement shall not be a waiver of those rights. A party waives only those rights specified in writing and signed by the party waiving its lights. 21. Governmental Immuni . The parties hereto understand and agree that Town is 'relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other Lights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., as from time to time amended, or any other law or limitations otherwise available to Town, its officers, or its employees. 22. Entire A eement. This Agreement constitutes the entire agreement and understanding between the parties hereto and supersedes any prior agreement or understanding relating to the subject matter of this Agreement. Any such prior agreement shall be deemed to be null and void and of no further effect. 23. Modification, This Agreement may not be amended except in writing by mutual agreement of the parties, nor may rights be waived except by an instr=ent in writing signed by the party charged with such waiver. 24. Paragraph Headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement. 27. Authority Of Owner. This Agreement is entered into pursuant to a Resolution of the Board of Trustees of the Town of Firestone, Colorado adopted f 20191and a Resolution of the Board of Directors of the Firestone Finance Authority adopted 1, , 2019. [Signatures and acknowledgments on followingpage] 4501162 Pages: 5 of 14 06/27/2018 11:17 AM R Fee.fl .00 Carly Koppes, Clark and Reoordar, Wald County, CO IIIIIIIIIIII NFOWR W WgUMINWON&W -5- The Parties have executed this ENCROACHMENT LICENSE AGREEMENT to be effective on the Effective Date. OWNER: TOWN OF FIRESTONE By. obbi S' lar, Mayor ATTEST: By:�Uh )6AOI,,,ald Leah Vanarsdall, Town Cleric FIRESTONE FINANCE AUTHORITY By: LICENSEE: KERR-MCGEE GATHERING LLC By: *, �.� 6 . a• Title: � ��� `� A�'�u �.ek - i ..•1= c.c,�' STATE OF COLORADO CITY AND COUNTY OF DENVER rsToN "Y -TOWN 10 j in ,1$26,fVT�I, GOv if 4501162 Pages: 6 of 14 06/27/2019 11:17 Ail R Fee:$78,00 Carly Koppes, Clerk and Recorder, Weld County, CO �111 mrVARIOWHAS I MRAT&KAlk II Ill M ss. ) The forgoing REVOCABLE ENCROACHMENT LICENSE AGREEMENT was subscribed and sworn to before me on —wt. in his/her capacity as i,, l"aa of Kerr-McGee Gathering LLC, on behalf such limited liablity company. (Seal) Notary Publi BREW & CAVANAGH Address NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20104005224 MY COMNSS1ON EXPIRES FE6R4J8 Y 17, 2022 aba My Commission expires: f .� r E;� 4501162 Pages: 7 of 14 06/27/2018 11:17 AM R Fee:$78.00 Carty Kcppes, Clark and Recorder, Weld County, CO mill wir1mvi 1p:40:18l h IVEI NWIRIK) Uri 11111 EXHIBIT A Attachment to that certain Right of Way Grant by and between Firestone Finance Authority, as "Grantor", and KERB MCGEE GATHERING LLC, a Colorado limited liability company, as "Grantee". Sheet 1 of A 30 foot wide strip of land being a portion of Outlot 2 of Firestone Central Park First Filing Minor Subdivision tiled October 16, 2006 at Reception Number 3427733 conveyed to Firestone Finance Authority June 09, 2005 at Reception Number 3293398 and Reception Number 3293400 in Section 18, Township 2 North, Range 67 West of the Sixth Principal Meridian, County of Welt, State of Colorado, said 30 foot wide strip being 15 feet each side of the fallowing described contedine: Note: 1. The Basis of Bearings Is the west line of the northwest quarter of Section 18, T-2-N, R-67-W 6th P.M., as monumented with an aluminum cap PLS 31169 at the south end and an aluminum cap PLS 23405 at the north end with a grid bearing of N 00°06'32" W. 2, The side lines of the strip of land are to be lengthened and/or shortened as necessary to end at the property lines, 3. All directions, distances, and dimensions shown hereon are based on coordinates from the Colorado coordinate system of 1983 north zone (C,R.S, 38-52-102), U.S. Survey feet. 4. This Is not a boundary survey or a land survey plat. Commencing at the west quarter comer of Section 18, an aluminum cap PLS 31169; Thence N 70°27'43" E a distance of 271.39 feet, more or less, to a point on the westerly line of said OuUot 2 and the POINT OF BEGINNING: Thence S 89"29'61" E a distance of 681.19 feet; Thence N 85'16'57" E a distance of 496.11 feet; Thence S 78°41'05" E a distance of 240.61 feet; Thence S 89°29'51" E a distance of 693.99 feet; Thence S 89"28'39" E a distance of 1670.74 feet; Thence N 45'1726" E a distance of 128.79 feet; Thence N 00°31'21" E a distance of 67,31 feet to the POINT OF TERMINUS from which an Illegible aluminum cap at the east quarter corner of said Section 18 bears S 73*37'11" E a distance of 921.32 feet. Right of Way Length: 3978.74 feet. Prepared by David C. Costner For and on behalf of Topographic Land Surveyors 520 Stacy Ct. Ste B, Lafayette, CO 60026 303 666 0379 Tovmship: 2 North 1"=400 AFP: 2146526 RpTopolawmc KERR-MGGEE Range: 67 W6sl 61h PM Trucking: LOYALTY INNOVATION LEGACY Right of Way Survey Coun[y: weld 511=019 SRID: 13042 620 Slaccyy Cgurt Ste e, Lafayelle, CO e0026 303,666,0370 www.tcpogmpble.com State: Colorado ay: mag Job No. 119469 e'ry19;O,WpgetlpyygyitloA,Ya:flR IhCGEECLSTIFAefelCndeM p.rklGga17191alMmlApl,q,µy�p,�R,am.�AUTOM/RO'NJIeYfRMp g5lR:nm4vban MTE PItImEb Sft]rlotg �+�e3e Pu 4501162 Pages: 8 of 14 08/27/2019 11:17 AM R Fee:$78.00 Carly Koppes, Clerk and Recorder, Weld County, Co 1111 I ����I,l�� iil�f�h�M� � 4 Grid Geodetic Magnetic EXHIBIT A o 400 800 Attachment to that certain ]tight Of Way Grant by and between Firestone Finance Authority, as "Grantor", and Graphic Scale in US. Surrey Feet 0.21'55" 8'0e124^ KERB NIICGEE GATHERY0 %LC, a Colorado limited liability company, as "Grantee". 10.2018 Sheet 2 of 2 12 07 North Firestone Finance Authority N 1/2 SECTION 18 lt13 Rec. No.3293398 ;P1S23405 Rec. No.329WO T2N R67W 6th PM Outlot 2 ( Firestone Central Park First F Filing OT P,.. P. LL 0 Minor Subdivision 30' ROW EnergyRec. No.3427733 Facility of Wa g y Survey Tie To E 114 i c w E'S �� hNneraIs 16.5' ATT ROW Pad P No. 2294361 Comer Section 18. �, N o SK. 1078 PG. 74 iV 85°16'57" E S 73'3T11" E 921.32' m 1 anaI 496.11' y� Prerme Right of Way Meter N:1294035.20 I Faavty E:3160157.39 i ` W S 89°29'51" E bCP Pipeline 1111 S 78'41'05" E Centerline Let 40.1391005 I 681.19' 240.61. 505 FIPLonS ode 08123 F1PS Code p8123 �� c Temporary P Works arm �— S 89°29' 1" E S 89°28'39" E � ' ]1 � N 00°3� '21" E i --- 693.99' 1670.74' _ — -- --- -- —�-_ � _ _67.31 J — - — N g5'1726- E V4 Corner L Walking N 89'29'51" W 2360.50' Sec 1318ec 18 Path C 114 Comer S 89°2$'39° E 2647.68' �i Ahnn. Cap 'i PLS 31169 P.Q.B. 30' Right of Way Sudan 18 Alran. cap += Right of Way 11S 23500 o o Survey Tie From W 1I4 r m Comer Section 16 o Cz N 7012T43" E 271.39' w N:1293910.99 P E:3159289.10 r Lat 40.1388273 r� Lon:-104.9409890 1318 PIPS Code 08123 24119 Alum. Cap PLS 24305 ; kceeeoameUGOownamtword 114 Comer Sec 181see 17 Alum. Cap Illegible Total Pipeline Length 3978.74' Vsml meb m„ DATE 4501162 Pages: 9 of 14 Cary Koppeg,1Clerk and Reooreder,,78-00 Welld County, CO Ylilt�.��'1��'I�l�l�lh�����l��k'�1N��'I��i41��1'.YINh �Illf EXHIBIT A Attachment to that certain Right of Way Grant by and between Town of Firestone, as "Grantor', and KERB-MCGEE GATHERING LLC, a Colorado limited liability company, as "Grantee". Sheet 1 of 2 A 30 foot wide strip of land being a portion of Parcel No. 9 conveyed to Town of Firestone filed March 19, 1997 at Reception Number 2638622 In Section 18, Township 2 North, Range 67 West of the Sixth Principal Meridian, County of Weld, Stale of Colorado, Bald 30 foot wide strip being 15 feet each side of the following described centerilne: Note: 1. The Basis of Bearings Is the west line of the norihwost quarter of Section 18, T-2-N, R-67 W Bth P.M., as monumented with an aluminum cap PLS 31169 at the south end and an aluminum cap PLS 23405 at the north and with a grid bearing of N 00"0632" W. 2. The side lines of the strip of land are to be lengthened andfor shortened as necessary to end at the property lines, 3. All directions, distances, and dimensions shown hereon are based on coordinates from the Colorado coordinate system of 1983 north zone (C.R.S. 38-52-102), U.S. Survey feet 4. This Is not a boundary survey or a land survey prat. Commencing at the west quarter comer of Section 18, an aluminum cap PLS 31169; Thence S 89°29'51" E;, along the south line of the northwest quarter, a distance of 210.90 feet to the POINT OF BEGINNING: Thence N 00°05'04" W a distance of 119.09 feet; Thence S 89"5945" E a distance of 45.00 feet, more or less, to a point on the easterly line of said Parcel No.9 and the POINT OF TERMINUS from which an aluminum cap PLS 23500 at the northwest comer of said Section 16 bears N 05°5722" W a distance of 2512.25 feet. Right of Way Length. 164.09 feet. Prepared by David C. Costner For and on behalf of Topographic land Surveyors 520 Stacy Ct. Ste 13, Lafayette, CO 80026 303 666 0379 Township: 2 North 1+-80 I AFE: 2148526 JVTc��px[C KERR-McGEE Ranee; 67west 61hPM Tracking: LOYALTY INNOVATION 4EGAcr Right of Way Survey COunty: Weld 12119/2018 SKID: 13042 52081e�v Oovrl atea.l�efeyyette C08D026 303.6 A37a twnrI-iuPa9raPl,Cwn State: Colorado aY- mag .t„y, m„ 17AAA4 4501162 Pages: 10 of 14 08/27/2019 11:17 AM R Fee:$78,00 Carly Koppes, Clerk and Recorder, Weld County. CO EXHIBIT A Attachment to that certain Right of Way Grant, by and between Tom of Firestone, as "Grantor', and KERB MCGEE GATHERING LLC, a Colorado limited liability company, as "Grantee". Sheet 1 of 1 12107 Grid 1 PIS 23405 Town of Firestone Geodetic Magnetic r Rec. No. 2538622 Parcel No.9 I 0•21's5• 9.OS'24' Described In Book 305 10 2018 Pg.15 i r North I 1 I I O I f 50' Temporary I I ` w Workspace I I Gravel Walling Path r Concrete I I Walldng Path I 20' Temporal Workspace Town of Firestone Proposed Fiber Optic 114 Comer Line See 131See 18 Alum. Cap PIS 31169 I I 1 I �I I �2 3 SW 1/4 SECTION 18 T2N R67W 6th PM nl o I Town of Firestone z Rec. No. 2538622 I I ' Parcel No.8 I 1 Described In Book 305 Pg.16 t 13118 0 60 120 24119 G hie Scal In US Su F t NW 114 SECTION 18 T2N R67W 6th PM 30' KMG Easement ~ Rec. No. 3243864 `KMG 04-1814' S 89°R9'4a" >E 45.0(1' R.O.T. Right of Way Stmoy Tie To NW Corner Seoilon 18 N 05'57'22' W 2512.25' N:1293937,47 E:3156289.03 Lat 40.1388999 Lon:-104.9409886 FIPS Code 08123 30' Temporary Workspace Right of Way Genterllne 30' Right of Vl ay N 89'29'51" W 2360.60' L----0 P.O.B. C 114 Comer Right of Way Section 18 Survey Tie From W 114 Alum' Cap Comer Section 18 PLS 23500 S 89.29'51' E 210.90' N:1293818.38 E:3156244.24 Let 40.1385738 Lon:-104.9411615 FIDC rr.le nai71 YS3rvcy 240 1"= SW Total Pipeline Length 164.09' Township: 2North 11=601 AFE: 2146526 TOPOGW19C KERB-MoGEE Range: 67 West 61h PM Tracidn : LOYALTY INNOVATION LEGACY Right of Way Survey County: Weld 1?11912018 SRID: 13042 5"a c� oAste =11pio110026 State: Colorado eY: nag Job No. 119489 4501162 Pages: 11 of 14 0B/27/2019 11:17 AM R Fee:$78.00 Carly Koppes, Clerk and Reoorder, Weld County, CO EXHIBIT A Attachment to that certain Right of Way Grant, by and between Town of Firestone, as "Grantor", and KERB MCGEE GATHERING LLC, a Colorado limited liability company, as "Grantee". Sheet 1 of 4 A 30 foot wide strip of land being a portion of Parcel No. 8 conveyed to Town of Firestone tiled March 19, 1997 at Reception Number 2538622 In Section 18, Township 2 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, said 30 foot wide strip being 15 feet each side of the following described centerline: Note., 1. The Basis of Bearings Is the west line of the southwest quarter of Section 18, T-2-N, R-67 W 6th P.M., as monumented with an aluminum cap PLS 24305 at the south end and an aluminum cap PLS 31169 at the north end with a grid bearing of N 00°06'32" W. 2. The aids lines of the strip of land are to be lengthened and/or shortened as necessary to end at the property lines. 3. All directions, distances, and dimensions shown hereon are based on coordinates from the Colorado coordinate system of 1983 north zone (C.R.S. 38-52-102), U.S. Survey feet 4. This Is not a boundary survey or a land survey plat. Commencing at the southwest corner of Section 18, an aluminum cap PLS 24305; Thence 5 89°1 T11" E, along the south line of the southwest quarter of Section 18, a distance of 209.81 feet to the POINT OF BEGINNING: Thence N 00°05'04" W a distance of 2617-05 feet, more or less, to a point on the north line of the southwest quarter and the POINT OF TERMINUS from which an aluminum cap PLS 31169 at the west quarter corner of said Section 18 bears N 89*2951" W, a distance of 210,90 feet. Right of Way Length: 2617.95 feet. Prepared by David C. Costner For and on behalf of Topographic Land Surveyors 520 Stacy CL Ste 13, Lafayette, CO 80026 303 666 0379 Townshlp: 2North 1'__300 AFE: 2146626 %VTOPOGWIRC KERR-MCGEE Range: 67 West 6th PM I Trackln : LOYALTY tNNOVAT[ON LEGAcy Right -of Way Survey County. Weld 6I312018 SRI,: 13042 52cf Bfn Cou,t 81a H, l fa ya eav, CO Htlb28 son.c�so37a vow+, fepnitcdn State: Colorado ay: �9 doh No. Man rrrazn+ osuanwaaur m,�m�fuc�onTl�ruacu ,P.e ra�a,/wos wPbaRerr �rF..ab.P�,enowl cam UM!Ft .meum DATE PmY MfirMQ1Q SSS11 Pal 1 450162 of 14 es 0827%2019 11•�17gAM R1Fee:$78,00 Carly Koppes, Clerk and Reoorder, Weld County, Co mill � `����`��' t��l I`�`�� I��I lif 7 I 1 � > ♦i ��� F 1 1 EXHIBIT A Attachment to that certain Right of Way Grant, by and between Town of Firestone, as "Grantor", and KERB MCGEE GATHERING LLC, a Colorado limited liability company, as "Grantee". Sheet 2 of 4 n. Cap 24Q) N 89*291511 W 2360.69 r.v. a. Right of way Survey Tie To W 114 Corner Section 18 N 89'29'51' W 210.90' N:1293818.38 I E:3156244.24 Lat: 40,1385738 SEE Lan:-104.9411515 IOETAIL i4° FIPS Code 08123 — 20' Temporary Workspace 30' Temporary Workspace KMG 04-1814' 30' KMG Easement ~ Rec. No. 3243864 30' Right of Way _ Right of Way Centerline _ S 00°OT04" E 2617.05' SEE `ICETAILT' i Town of Firestone Rec. No.2538622 Parcel No.8 Described In Book 305 20' Ouke Energy Pg.16 Easement Rec, No.2717159 SW 1/4 SECTION 18 T2N R67W 6th PM C 1/4 Comer Section 18 Alum. Cap PLS 23500 Odd Geodetic Magnetic 0°211 North 20' St. Vraln Sewer Easement �Q,yD . REG/,?. Rec. No. 2771745 F.O.B. �� •''� CpS c,1a� T 20' Temporary Right of Way sp Mill i Workspace Survey Tie From SW 25936 30' Temporary Comer Section 18 9• : o Workspace S89°11'11°E209.81' N:1291201.33 N E:3156248.10 Let•40.1313897 SEE Lon: -104.9411967 80' ROW PER 1/4 Comer I OErAIL'C' FIPS Code 08123 BK 80, PG.273 Sec 16ESec 19 2366.69' — — — Alum Cep PLS 23El; _ = WCR 20Bdla Rosn Plcwy 0 300 600 Graphic scale in U,S. Survey Feat 1` = 3w Total Pipeline Length 2617,06 Township: 2 North 1"=300I AFE: 214652E TOPOGWH[C KERR-McGEE mange: 67 West 601 PM Trackin LOYALTY INNOVATION LEGACY Right of Way Survey County: Weld BI31201E SRll3: 13042 520 Sle fraud Ste a. Larayelfe, C0800211 9f13:0379 �wxtlap0yrapMc.mm State: Colorado eY: mag _tr,r, Nn itSldan 4501162 Pages: 13 of 14 05/27/2019 11:17 AM R Fee:$78,00 Carly Knppes, Clerk and Reoorder, Weld County, CO mill M1lLrRN: WK T1 1,�1W I'd 014 V11WA 11111 EXHIBIT A Attachment to that certain Right of Way Grant, by and behveen Town of Firestone, as "Grantor", And KERR-MCGEE GATRERING LLC, a Colorado limited liability company, as "Grantee". Sheet 3 of 4 C6nerete' Way Underground Cable I I � I 2 ' Temporar}fi��f 1 Workspace I I I IfJ 5 I 1 fI j ---1-1 � E � I � I Town of FZi stor. 1 Proposed Fiber optic ` Iv Line Fence \ t I KMG n4-18t 4` 30' KMG Easement Roa. No. 3243664� .l 30' night of 1 Way I t I � DETAIL VIEW A" SCALE: 1' =100' Concrete Walk Way rrt r Underground Cable � I I in d 1 �r I n� 7 60' Road ROW --�f n I r m 20' r Works Works 3ara�y acelJ U DETAIL VIEW "B" SCALE: 1' =100' , Pr7Town of Firestone p sad Fiber Optic \ llnp KMG 04-1e1-4" 30' KMG Easorna! Rec. No. 3243864� 14' , --Fence 30' Right of / Way Township: 2 North 1'=300' AFE: 2146526 %PTO?OGWHC KERR-McGEE Range: 67 West 61h PM Tmakin LOYALTY INNOVATION LEGACY Right Of Way Survey County: Weld 602019 SRIT 13042 520 Slatcyy Cou,t Ste B, Lafayette, OO Ub028 303.688.0379 Ynvw.lopa Otlphlcmm State' Colorado BY: Mag _W, Nn 14QAAo 4501162 Pages: 14 of 14 08/27/2019 11:17 AM R F'ee:$78.00 Carly Koppes, Clerk and Reoorder, Weld County, CO mill I F01111MIKK VIM MAKuAC& 11111 EXHIBIT A Attachment to that certain Right of Way Grant, by and between Town of Firestone, as "Grantor", and KERB MCGEE GATFIFJUNG LLC, a Colorado limited liability company, as "Grantec". Sheet 4 of 4 30' Temporary Town of Firestone W°paw Roe, No, 2538622 Parcel No.8 Described In Book 305 , Pg.16 I 1 E t 20' i<Mf3 Easement —07 Rec. No. 3243864 LL 1 Fiber Optics (Proposed) 60' 30' Right of Way i' 60' KMG Easement Reo. No. 3243864 Jl 30'Temporary Workspace Edge of WCR 20 WCR 20 ' t— Underground Cable Pine Con o Ave. 8 _ E4sting Black Hulls Energy Pipeline TON — 1 St. Vrain Bower 30' Right of Rec. No.3593372 11 Way � f f — ' Anadarko E8P DETAIL VIEW'C" Onshore LLC SME:1'=60' Rec. No.4144978 /� Township: 2 North 1'=300 AFE: 2146626 TOPOGRAPHIC KERR-McGEE Range: 67 West 61h PM Trackln : LOYALTY INNOVATION LEGACY Right of Way Survey County: Weld - 6/3/2019 BRID: 13042 52eSlecy Caafi &te a, Lorayetie�rp 80026 sp3.e66.o370 vw' topog,ep Pv= State: Colorado BY. nag Jab No. 119489 "Iwc#osumnwwwwaNlraat MCciEL dAI"eUN416¢4m. r.*M d1144MnWP d.WF dFi--ft-11 Row a..3e.. lLSkTt—'--- mrl p .,Fn-- s9 a�a aH RESOLUTION 19-47 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND LEFT HAND WATER DISTRICT REGARDING WATER SERVICE WHEREAS, the Town of Firestone (the "Town") has extended, by annexation, its municipal limits into areas generally located west of Interstate Highway 25 ("I-25") that are currently serviced by the Left Hand Water District (the "District"), and which are located within the District's jurisdictional boundaries; and WHEREAS, the Town desires for the District to continue to provide water services to properties located in such areas west of I-25 that have, or may become, annexed into the Town, and the District desires to remain as the sole water provider to such properties; and WHEREAS, Section 29-1-201 et seq., C.R.S., as amended, authorizes the Parties to cooperate and contract with one another with respect to functions lawfully authorized to each of the Parties. and such cooperation and contracting is authorized as set forth in Article XIV, Section 18 (2) of the Colorado Constitution; and WHEREAS, the Town and the District desire to enter into an Intergovernmental Agreement to: (a) provide for the furnishing of continuing and new water service by the District to those properties lying west of I-25 that have been, or may be, annexed into the Town, which are or may be located within both the Town's municipal boundaries and the District's boundaries, but outside the service area of Central Weld County Water District and Little Thompson Water District; (b) provide for the furnishing of new water service by the District to properties lying within both the Town's municipal boundaries and the Longs Peak Water District's service area, in the event Longs Peak Water District consents to the District providing such water service; and (c) set forth their mutual understandings, terms and conditions regarding the provision of water service contemplated herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO. The Intergovernmental Agreement between the Town of Firestone and Left Hand Water District Regarding Water Service is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Intergovernmental Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 121h day of June, 2019. TOWN OF FIRESTONE, COLORADO T06� �1 A6bi SindWar,'Mayor ATTEST: yy�� Il d Leah Vanarsdall, Town Clerk RIVSKSIMIMS Hayashi, Town Attorney INTERGOVERNMENTAL AGREEMENT REGARDING WATER SERVICE 1 PARTIES. The parties to this Intergovernmental Agreement Regarding Water Service ("Agreement") are the LEFT HAND WATER DISTRICT, a C.R.S. Title 32 special district ("District") and the TOWN OF FIRESTONE, a Colorado municipal corporation ("Town"). 2. RECITALS AND PURPOSES. Town has extended, by annexation, its municipal limits into areas serviced by the District and which are located within the District's jurisdictional boundaries. This area is generally located west of Interstate Highway 25 (1-25"). The Town has previously executed agreements with Central Weld County Water District and with Little Thompson Water District regarding the provision of water services within other areas of the Town that are located east of 1-25. Pursuant to §32-1-502, C.R.S., the Town has the legal right to exclude annexed properties from this District provided that the Town agrees to provide water service to such areas and the Weld County District Court approves a plan that provides for the disposition of the District's assets and the discharge of District indebtedness that was incurred to service the annexed area. The Town desires to continue to have the District as the sole potable water provider for areas lying west of 1-25 that may be annexed into the Town and located in the District and the District desires to remain as the exclusive water provider to such area. The purpose of this Agreement is to provide for the provision of water service to those properties lying within both the District and the Town's municipal boundaries lying west of 1-25 and outside of the service area of Central Weld County Water District and Little Thompson Water District, and to designate the District as the Town's water provider in such area on the terms and conditions set forth herein. Notwithstanding the foregoing, the District may also provide service to those properties within the Town's municipal boundaries within the service area of the Long Peak Water District with the consent of Longs Peak Water District. Accordingly, in consideration of the mutual covenants and agreements set forth herein, the parties agree in accordance with the authority granted each pursuant to Part 2 Article 1 Title 29 C.R.S. to the following provisions, terms, and conditions. 3. TERM. In recognition of the need for long range planning, and the cost and expense of capital construction, water rights acquisition, storage, treatment and transmission, this Agreement shall commence upon execution by the parties and shall continue thereafter for a period of 15 years. Thereafter, this Agreement shall be automatically renewed for a an additional 15 year term unless either party gives three year advance written notice to the other party of its intent to terminate this Agreement. 4. AREA OF APPLICABILITY. This Agreement shall be applicable to the parcels of real property that have been or that will be, annexed into the Town's corporate limits and that are located west of 1-25, and that lie within the District's boundaries (regardless of whether that parcel is currently undeveloped and not currently serviced by the District), as those District boundaries exist now or may hereafter be legally altered. For purposes of this Agreement, the parcels lying within any area described herein this paragraph shall be referred to as "Subject Property." 5. CONTINUATION OF SERVICE; NEW SERVICE BY DISTRICT. 5.1. The parties acknowledge and agree that if any Subject Property is annexed into the Town's corporate limits, the District shall continue to provide potable water service directly to the Town's existing developed parcels within the Subject Property and to provide potable water to any additional planned development constructed within the Town on and within the Subject Property in accordance with District's rules, procedures and policies. 5.2. Service, including all tap fees, water charges, assessments, line charges and all other fees and charges of the District shall be in accordance with the District's applicable rules, procedures and policies. District agrees that all of its customers within the Subject Property shall be charged the same base rates as all other users within the District subject to applicable surcharges and fees pursuant to the District's rules, procedures and policies. 5.3. Town shall not require any property owner, developer, or ultimate user within the Subject Property to purchase any potable water tap, directly or indirectly, from the Town. However, if a non -potable irrigation system is to be installed to serve parks, entry features, or other common areas, within the Subject Property the Town reserves the right to require property owners, developers or users to provide to, or purchase from, the Town non -potable water for irrigation purposes provided that all non - potable irrigation systems are constructed and administered in compliance with applicable state health department and District rules, procedures, and policies. Engaging in such non -potable water activities shall not be deemed to be in violation of paragraph 9 herein, including Town's right to collect non -potable water service tap fees and non -potable water use charges. District acknowledges that as a standard practice of annexation, the Town's annexation agreements include a right of first refusal for water rights appurtenant to the property being annexed and that such provision is not in conflict with this Agreement. 6. NON -APPLICABILITY OF CENTRAL WELD AGREEMENT. Town acknowledges that service to the Subject Property is subject to a Service Territory Contract between District and Central Weld County Water District preventing Central Weld County Water District from providing service to the Subject Property. 7. MAINTENANCE, BILLING. The District shall be solely responsible for construction, installation and maintenance of all of its potable water lines and facilities within the Subject Property pursuant to its rules, procedures, and policies. The District shall also be solely responsible for its billings and collections of its receipts for all of its customers lying within the Subject Property. 8. JOINT COOPERATION AND PLANNING. The Town acknowledges that the District has expended funds for capital construction, water rights acquisition, storage, treatment and transmission to serve the Subject Property and that the District continues to meet its legal obligation to serve the Subject Property through long-range facility planning, including participation in various projects sponsored by the Northern Colorado Water Conservancy District. In order to adequately plan for future development, the parties shall, on a periodic basis, but in no event no less than annually, jointly confer and discuss planning issues which are of mutual concern to both parties, including the future location and sizing of water lines that could be used to serve property within the Town's planning area. In addition: 8.1. Town shall include in all its annexation agreements for parcels within the Subject Property a recital with respect to the provision of water service from the District pursuant to this Agreement. 8.2. Every three years the District shall provide Town with a current map of the District's lines and facilities lying within that portion of Weld County serviced by District or lying within the District's boundaries. 8.3. The parties shall meet and confer regarding all future major potable or raw water projects, including without limitation, expansion of existing treatment plants, future treatment plants or transmission lines, and regional water treatment plants or storage projects sponsored by water conservancy districts, water districts, or other third parties that could be of benefit to the District in meeting its obligations to service the Subject Property. District acknowledges that Town is currently participating in the development of a water treatment plant east of 1-25 located on the St. Wain River. The Town's use of this facility shall be for service to its retail customers east of 1-25, outside of the service boundaries of District. Town has previously disclosed its intent to develop such a water treatment facility to District and had sought District's interest in participating in the facility, which was declined by District. 8.4. The Town shall promptly advise the District of any proposed major developments that would require potable water volumes in excess of the District's master plan. 8.5. In consideration of District being the supplier of water within the Subject Property, District shall reserve to Town the first right of negotiation for the second and any subsequent uses of any fully consumable water rights used for service by District within the Subject Property, including, but not limited to, Windy Gap Project water and Northern Integrated Supply Project water. Upon successful negotiation of terms the District and Town may enter into a separate agreement pertaining to such second and subsequent use water rights. 9. EXCLUSIVE PROVIDER OF SERVICES; NOTICE; RATES. 9.1 During the term of this Agreement, Town shall not provide potable water services, either directly or indirectly, through other service contracts or by way of agreements with other water providers, public or private, for the Subject Property. Subject to the terms and conditions of this Agreement, the Town hereby designates the District as the exclusive and sole provider of potable water for the Town's residents, property owners, and users within the Subject Property. 9.2 Notwithstanding the provisions of paragraph 9.1, above, in the event of development within the Subject Property that has been approved or is being considered for approval by the Town and which has a quantified potable water requirement that the District is unwilling or incapable of providing within a reasonable time through system improvements or upgrades, the Town may give written notice to the District of its intent to provide water to such development by alternative means. Within 90 days of receipt of such written notice, the District shall respond in writing, notifying the Town that it has taken one of the following courses of action: a. agreeing to provide the required improvements or upgrades with a statement of the projected date of completion, such improvements or upgrades to be financed and constructed pursuant to then applicable District rules, procedures, and policies or by special expenditures by the District as determined by its Board of Directors; or b. agreeing to provide such service by and through agreements with, or utilizing the water treatment and/or distribution facilities of, other potable water providers; or c. waiving its right to be the exclusive potable water provider to such development without waiving the District's rights under this Agreement with respect to other development within the Subject Property; or d. agreeing that the new development may be excluded from the District upon a determination that such development may be serviced directly by the Town at a substantially lower cost and expense to the developer and such service is critical to the commencement of the development. 9.3 The District represents and agrees that the base rate it currently charges for potable water service within the Subject Property is the same base rate that is applicable throughout the District and that in the future, it will not charge any differing base rate except that rate which is applicable throughout the District. The parties acknowledge that the District reserves the right to impose a surcharge on such base rate that may be required for repayment to third parties (or the District) which may have, or will in the future, pay for the construction of upgrades, improvements, extensions, and other facilities that are necessary to service the specific development within the Subject Property. 1.0. LEVEL OF SERVICE. The parties acknowledge that municipal level water service requires certain fire flows and other utility related standards and requirements. Town agrees to not approve new development in the Subject Property if that area lacks sufficient fire flows for the type of development planned absent a requirement or condition to land use approval that an appropriate party finance and/or construct such improvements to connect to the District's system to meet the level of service required by all applicable building and fire codes, as well as other municipal requirements. The District agrees that it shall provide 4 service to the Subject Property at least at a level that does not diminish the required flows below such established levels provided by such improvements. 11. INDEMNIFICATION. 11.1. To the extent permitted by law, each party agrees to indemnify and hold harmless the other party, (including that party's officers, employees, agents, and servants) and to pay any judgments rendered against said party or persons because of any suit, action, or claim asserted by any third party that is caused by, arising from, or due to the acts or omissions of the indemnifying party, its officers, employees, agents, consultants, contractors, and subcontractors, and to pay to the indemnitee or indemnitees their reasonable expenses, including, but not limited to, reasonable attorneys' fees, court costs, and reasonable expert witness fees, incurred in defending any such suit, action or claim; provided, however, that parties' respective obligation shall not apply to the extent said suit, action or claim results from any acts or omissions of the indemnified party (including its officers, employees, agents or servants). 11.2. Nothing in this Agreement shall be construed as a waiver by either party of any rights, immunities, privileges, monetary limitations to judgments, or defenses available to the parties by the Colorado Governmental Immunity Act, Sec 24-10-101, et seq., C.R.S., as it may be amended from time to time. 12. ASSIGNMENT. This Agreement and any rights hereunder shall not be assigned, sold, hypothecated, pledged or otherwise transferred by the Town or District in whole or in part, without the prior written consent of the non -assigning party which consent shall not be unreasonably withheld, delayed or denied. The non -assigning party may require that any assignee provide written assurances to the non -assigning party that assignee will comply with the terms and conditions of this Agreement and consent may be withheld or conditioned upon receipt of such assurance. Merger, consolidation or acquisition of all of the waterworks, facilities, and assets of the District by another potable water provider shall not be considered as an assignment of this Agreement. 13. SUCCESSORS AND ASSIGNS. The provisions of this Agreement shall inure to the benefit of and be binding upon successors and assigns of the Town and the District. 14. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 15. NOTICE. Any notice, consent, authorization or other action which either party is required or may desire to give to the other party pursuant to this Agreement shall be effective and valid only if in writing, signed by the party giving such notice, and personally delivered to the other party, or sent by registered or certified mail of the United States Postal Service, return receipt requested, postage or delivery charges prepaid, addressed to the other party as follows: 5 For the Town of Firestone: Director of Community Resources P.O. Box 100 151 Grant Ave. Firestone, Colorado 80520 For the District: General Manager Left Hand Water District PO Box 210 N iwot, CO 80544 Bradley Grasmick, Town Water Attorney Lawrence Jones Custer Grasmick, LLP 5245 Ronald Reagan Blvd., Suite 1 Johnstown, Colorado 80534 Scott Holwick Lyons Gaddis PO Box 978 Longmont, CO 80502-0978 Or, to such other address or the attention of such other person(s) as hereafter designated in writing by the applicable parties in conformance with this procedure. Notices shall be effective upon mailing or personal delivery in compliance with this paragraph. 16. COMPLETE AGREEMENT. This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. Except as provided herein there shall be no modifications of this Agreement except as agreed upon in writing, executed by the parties. Subject to the conditions precedent herein this Agreement may be enforced in Weld County District Court. 17. MODIFICATION AND WAIVER. No modification of the terms of this Agreement shall be valid unless in writing and executed with the same formality as this Agreement, and no waiver of the breach of the provisions of any section of this Agreement shall be construed as a waiver of any subsequent breach of the same section or any other sections that are contained herein. 1.8. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising under or related to this Agreement, the parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other_ If such dispute or claim is not settled through negotiations within 30 days after the earliest date on which one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim through negotiations, then the parties may agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within 60 days following either party's written request therefore. If such dispute or claim is not settled through mediation, then either party may initiate a civil action in the District Court for Weld County. 6 19. ATTORNEY FEES. In the event of default of any of the provisions contained in this Agreement, the defaulting party shall pay the other party's reasonable attorney's fees and costs incurred as a result of the default. 20. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion hereof. 21. COUNTERPARTS. This Agreement may be executed in several counterparts and, as so executed, shall constitute one Agreement, binding on all the parties even though all the parties have not signed the same counterpart. Any counter part of this Agreement which has attached to it separate signature pages, which altogether contain the signatures of all the parties, shall be deemed a fully executed instrument for all purposes. DATED: IL ST0- � TOWW FIREST E TO- N t mSEA ; o By. Mayor Bobbi Sindelar �Q. Leah Vanarsdall, Town Clerk DATED: ____ .2019 Attest: I �I LEFT HAND WATER DISTRICT 7 RESOLUTION 19-46 A RESOLUTION APPROVING A MONEY PURCHASE RETIREMENT PLAN 401(a) FOR THE TOWN OF FIRESTONE, COLORADO Plan # 10-0043 WHEREAS, the Town of Firestone has employees rendering valuable services; and WHEREAS, the establishment of a Money Purchase Retirement Plan benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and WHEREAS, the Town of Firestone desires that its Money Purchase Retirement Plan 401(a) be administered by ICMA Retirement Corporation and that the funds held in such plan be invested in VantageTrust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans: NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Hereby establishes or has established a Money Purchase Retirement Plan 401(a) (the "Plan") in the form of: The ICMA Retirement Corporation Governmental Money Purchase Plan 401(a) & Trust, pursuant to the specific provisions of the Adoption Agreement (executed copy attached hereto). The Plan shall be maintained for the exclusive benefit of eligible employees and their beneficiaries; and BE IT FURTHER RESOLVED THAT the Town of Firestone hereby adopts the Declaration of Trust of VantageTrust, intending this adoption to be operative with respect to any retirement or deferred compensation plan subsequently established by the Town of Firestone, if the assets of the Plan are to be invested in VantageTrust. BE IT FURTHER RESOLVED that the Town of Firestone hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in VantageTrust; and BE IT FURTHER RESOLVED that the Finance Director shall be the coordinator for the Plan; shall receive necessary reports, notices, etc. from ICMA Retirement Corporation or VantageTrust; shall cast, on behalf of the Town of Firestone, any required votes under VantageTrust; may delegate any Administrative duties, to carry out the plan, may be assigned to the appropriate departments, and is authorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan. PASSED AND ADOPTED this 12th day of June 2019. UEA ATTEST: Leah Vanarsdall, Town Clerk i ADMINISTRATIVE SERVICES AGREEMENT Between ICMA Retirement Corporation and Town of Firestone Type: 457 Account #:300418 Type: 401 Account #: 100043 Plan number: 100043, 300418 ADMINISTRATIVE SERVICES AGREEMENT This Administrative Services Agreement ("Agreement"), made as of the day of , 20 between the International City Management Association Retirement Corporation ("ICMA-RC"), a nonprofit corporation organized and existing under the laws of the State of Delaware, and the Town of Firestone ("Employer"), a town organized and existing under the laws of the State of Colorado with an office at 151 Grant Avenue, Firestone, Colorado 80520. RECITALS Employer acts as public plan sponsor of a retirement plan ("Plan"), and in that capacity, has responsibility to obtain administrative services and investment alternatives for the Plan; VantageTrust is a group trust established and maintained in accordance with New Hampshire Revised Statutes Annotated section 391:1 and Internal Revenue Service Revenue Ruling 8I-100, 1981-1 C.B. 326, which provides for the commingled investment of retirement funds; ICMA-RC, or its wholly owned subsidiary, acts as investment adviser to VantageTrust Company, LLC, the Trustee of VantageTrust ICMA-RC has designed, and VantageTrust offers, a series of separate funds (the "Funds") for the investment of plan assets as referenced in VantageTrust's principal disclosure documents, the VantageTrust Disclosure Memorandum and the Funds' Fact Sheets (together, "VT Disclosures"); and ICMA-RC provides a range of services to public employers for the operation of employee retirement plans including, but not limited to, communications concerning investment alternatives, account maintenance, account recordkeeping, investment and tax reporting, transaction processing, and benefit disbursement. 2of12 Plan number: 100043, 300418 AGREEMENTS Appointment of ICMA-RC Employer hereby appoints ICMA-RC as Administrator of the Plan to perform all nondiscretionary functions necessary for the administration of the Plan. The functions to be performed by ICMA-RC shall be those set forth in Exhibit A to this Agreement. 2. Adoption of Trust Employer has adopted the Declaration of Trust of VantageTrust Company and agrees to the commingled investment of assets of the Plan within VantageTrust. Employer agrees that the investment, management, and distribution of amounts deposited in VantageTrust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions set forth in disclosure documents (such as the VT Disclosures or Employer Bulletins) as those terms and conditions may be adjusted from time to time. 3. Employer,y to Furnish Information Employer agrees to furnish to ICMA-RC on a timely basis such information as is necessary for ICMA-RC to carry out its responsibilities as Administrator of the Plan, including information needed to allocate individual participant accounts to Funds in VantageTrust, and information as to the employment status of participants, and participant ages, addresses, and other identifying information (including tax identification numbers). Employer also agrees that it will notify ICMA-RC in a timely manner regarding changes in staff as it relates to various roles. Such notification is to be completed through the online EZLink employer contact options. ICMA-RC shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Employer or any information relating to an individual participant or beneficiary that is furnished by such participant or beneficiary, and ICMA- RC shall not be responsible for any error arising from its reliance on such information. ICMA-RC will provide reports, statements and account information to the Employer through EZLink, the online plan administrative tool. Employer is required to send in contributions through EZLink, the online plan administration tool provided by ICMA-RC. Alternative electronic methods may be allowed, but must be approved by ICMA-RC for use. Contributions may not be sent through paper submittal documents. To the extent Employer selects third -party funds that do not have fund profile information provided to ICMA-RC through our electronic data feeds from external sources (such as Morningstar) or third party fund providers, the Employer is responsible for providing to ICMA-RC timely fund investment updates for disclosure to Plan participants. Such updates may be provided to ICMA-RC through the Employer's investment consultant or other designated representative. 3of12 Plan number: 100043, 300418 4. ICMA-RC Representations and Warranties ICMA-RC represents and warrants to Employer that: (a) ICMA-RC is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. The ability of ICMA-RC, or its wholly owned subsidiary, to serve as investment adviser to VantageTrust Company is dependent upon the continued willingness of VantageTrust Company for ICMA-RC, or its wholly owned subsidiary, to serve in that capacity. (b) 1CMA-RC is an investment adviser registered as such with the U.S. Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. (c)(i) 1CMA-RC shall maintain and administer the Plan in accordance with the requirements for eligible deferred compensation plans under Section 457 of the Internal Revenue Code and other applicable federal law; provided, however, that ICMA-RC shall not be responsible for the eligible status of the PIan in the event that the Employer directs ICMA-RC to administer the Plan or disburse assets in a manner inconsistent with the requirements of Section 457 or otherwise causes the Plan not to be carried out in accordance with its terms. Further, in the event that the Employer uses its own customized plan document, ICMA-RC shall not be responsible for the eligible status of the Plan to the extent affected by terms in the Employer's plan document that differ from those in ICMA-RC's standard plan document. ICMA-RC shall not be responsible for monitoring state or local law applicable to retirement plans or for administering the Plan in compliance with local or state requirements regarding plan administration unless Employer notifies ICMA-RC of any such local or state requirements. (c)(ii) ICMA-RC shall maintain and administer the Plan in accordance with the requirements for plans which satisfy the qualification requirements of Section 401 of the Internal Revenue Code and other applicable federal law; provided, however, ICMA-RC shall not be responsible for the qualified status of the Plan in the event that the Employer directs ICMA- RC to administer the Plan or disburse assets in a manner inconsistent with the requirements of Section 401 or otherwise causes the Plan not to be carried out in accordance with its terms; provided, further, that if the plan document used by the Employer contains terms that differ from the terms of ICMA-RC's standardized plan document, ICMA-RC shall not be responsible for the qualified status of the Plan to the extent affected by the differing terms in the Employer's plan document. ICMA-RC shall not be responsible for monitoring state or local law applicable to retirement plans or for administering the Plan in compliance with local or state 4of12 Plan number: 100043, 300418 requirements regarding plan administration unless Employer notifies ICMA-RC of any such local or state requirements. Employer Representations and Warranties Employer represents and warrants to ICMA-RC that: (a) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement and to act for the Plan and participants in the manner contemplated in this Agreement. Execution, delivery, and performance of this Agreement will not conflict with any law, rule, regulation or contract by which the Employer is bound or to which it is a party. (b) Employer understands and agrees that ICMA-RC's sole function under this Agreement is to act as recordkeeper and to provide administrative, investment or other services at the direction of Plan participants, the Employer, its agents or designees in accordance with the terms of this Agreement. Under the terms of this Agreement, ICMA-RC does not render investment advice, is neither the "Plan Administrator" nor "Plan Sponsor" as those terms are defined under applicable federal, state, or local law, and does not provide legal, tax or accounting advice with respect to the creation, adoption or operation of the Plan and its related trust. ICMA-RC does not perform any service under this Agreement that might cause ICMA-RC to be treated as a "fiduciary" of the Plan under applicable law, except, and only, to the extent that ICMA-RC provides investment advisory services to individual participants enrolled in Guided Pathways Advisory Services. (c) Employer acknowledges and agrees that ICMA-RC does not assume any responsibility with respect to the selection or retention of the Plan's investment options. Employer shall have exclusive responsibility for the Plan's investment options, including the selection of the applicable mutual fund share class. Where applicable, Employer understands that the VT Retirement IncomeAdvantage Fund is an investment option for the Plan and that the fund invests in a separate account available through a group variable annuity contract. By entering into this Agreement, Employer acknowledges that it has received the Important Considerations document and the VT Disclosures and that it has read the information therein concerning the VT Retirement IncomeAdvantage Fund. (d) Employer acknowledges that certain such services to be performed by ICMA-RC under this Agreement may be performed by an affiliate or agent of ICMA-RC pursuant to one or more other contractual arrangements or relationships, and that ICMA-RC reserves the right to 5 of 12 Plan number: 100043, 300418 change vendors with which it has contracted to provide services in connection with this Agreement without prior notice to Employer. (e) Employer acknowledges that it has received ICMA-RC's Fee Disclosure Statement, prepared in substantial conformance with ERISA regulations regarding the disclosure of fees to plan sponsors. (f) Employer approves the use of its Plan in ICMA-RC external media, publications and materials. Examples include press releases announcements and inclusion of the general plan information in request for proposal responses. 6. Participation in Certain Proceedings The Employer hereby authorizes ICMA-RC to act as agent, to appear on its behalf, and to join the Employer as a necessary party in all legal proceedings involving the garnishment of benefits or the transfer of benefits pursuant to the divorce or separation of participants in the Plan. Unless Employer notifies ICMA-RC otherwise, Employer consents to the disbursement by ICMA-RC of benefits that have been garnished or transferred to a former spouse, current spouse, or child pursuant to a domestic relations order or child support order. Compensation and Payment (a) Plan Administration Fee. The amount to be paid for plan administration services under this Agreement shall be 0.55% per annum of the amount of Plan assets invested in VantageTrust. Such fee shall be computed based on average daily net Plan assets in VantageTrust. (b) Compensation for Management Services to VantageTrust, Compensation for Advisory and other Services to the VT III Vantagepoint Funds and Payments from Third -Party Mutual Funds. Employer acknowledges that, in addition to amounts payable under this Agreement, ICMA-RC, or its wholly owned subsidiary, receives fees from VantageTrust for investment advisory services and plan and participant services furnished to VantageTrust. Employer further acknowledges that ICMA-RC, including certain of its wholly owned subsidiaries, receives compensation for advisory and other services furnished to the VT Ill Vantagepoint Funds, which serve as the underlying portfolios of a number of Funds offered through VantageTrust. For a VantageTrust Fund that invests substantially all of its assets in a third - party mutual fund not affiliated with ICMA-RC, ICMA-RC or its wholly owned subsidiary receives payments from the third -party mutual fund families or their service providers in the form of 12b-I fees, service fees, compensation for sub -accounting and other services provided based on assets in the underlying third -party mutual fund. These fees are described in the VT Disclosures and ICMA-RC's fee disclosure statement. In 6of12 Plan number: 100043, 300418 addition, to the extent that third party mutual funds are included in the investment line-up for the Plan,1CMA-RC receives administrative fees from its third party mutual fund settlement and clearing agent for providing administrative and other services based on assets invested in third party mutual funds; such administrative fees come from payments made by third party mutual funds to the settlement and clearing agent. (c) Employer Fee. There shall be an annual Employer fee of $1000. The annual Employer Fee will be billed in equal amounts on a quarterly basis and is payable within 30 days after the quarterly billing cycle. The Employer Fee will be charged as long as there are Plan assets, regardless of the status of the participant(s). The Employer acknowledges that, in the event the Employer fails to pay the Employer fee when due, such fee shall be paid directly from assets held on behalf of the Plans(s) under VantageTrust, i.e., deducting the fees from the Plan participant accounts. Plans that are initially established mid -year will be billed on a pro-rata basis. (d) Redemption Fees. Redemption fees imposed by outside mutual funds in which Plan assets are invested are collected and paid to the mutual fund by ICMA-RC. iCMA-RC remits 100% of redemption fees back to the specific mutual fund to which redemption fees apply. These redemption fees and the individual mutual fund's policy with respect to redemption fees are specified in the prospectus for the individual mutual fund and referenced in the VT Disclosures. (e) Payment Procedures. All payments to 1CMA-RC pursuant to Section 7(a) shall be paid out of the Plan assets held by VantageTrust or received from third -party mutual funds or their service providers in connection with Plan assets invested in such third -party mutual funds, to the extent not paid by the Employer. All payments to ICMA-RC pursuant to Section 7(c) shall be paid directly by Employer and shall not be deducted from Plan Assets. The amount of Plan assets administered by 1CMA-RC shall be adjusted as required to reflect any such payments as are made from the Plan. In the event that the Employer agrees to pay amounts owed pursuant to this Section 7 directly, any amounts unpaid and outstanding after 30 days of invoice to the Employer shall be withdrawn from Plan assets. The compensation and payment set forth in this Section 7 are contingent upon the Employer's use of ICMA-RC's EZLink system for contribution processing and submitting contribution funds by ACH or wire transfer on a consistent basis over the term of this Agreement. 8. Contribution Remittance Employer understands that amounts invested in the Plan are to be remitted directly to Vantagepoint Transfer Agents in accordance with instructions provided to Employer by ICMA-RC and are not to be remitted to 1CMA-RC. In the event that any check or wire 7of12 Plan number: 100043, 300418 transfer is incorrectly labeled or transferred to ICMA-RC, ICMA-RC may return it to Employer with proper instructions. 9. Indemnification ICMA-RC shall not be responsible for any acts or omissions of any person with respect to the PIan or its related trust, other than ICMA-RC in connection with the administration or operation of the Plan. Employer shall indemnify ICMA-RC against, and hold ICMA- RC harmless from, any and all loss, damage, penalty, liability, cost, and expense, including without limitation, reasonable attorney's fees, that may be incurred by, imposed upon, or asserted against ICMA-RC by reason of any claim, regulatory proceeding, or litigation arising from any act done or omitted to be done by any individual or person with respect to the Plan or its related trust, excepting only any and all loss, damage, penalty, liability, cost or expense resulting from ICMA-RC's negligence, bad faith, or willful misconduct. 10. Term This Agreement shall be in effect and commence on the date all parties have signed and executed this Agreement ("Inception Date"). This Agreement may be terminated without penalty by either party on sixty days advance notice in writing to the other; provided however, that the Employer understands and acknowledges that, in the event the Employer terminates this Agreement (or replaces the Vantagepoint PLUS Fund, offered by VantageTrust, as an investment option in its investment line-up), ICMA-RC retains full discretion to release Plan assets invested in the Vantagepoint PLUS Fund in an orderly manner over a period of up to 12 months from the date ICMA-RC receives written notification from the Employer that it has made a final and binding selection of a replacement for ICMA-RC as administrator of the Plan (or a replacement investment option for the Vantagepoint PLUS Fund). 11. Amendments and Adjustments (a) This Agreement may be amended by written instrument signed by the parties. (b) ICMA-RC may modify this agreement by providing 60 days' advance written notice to the Employer prior to the effective date of such proposed modification. Such modification shall become effective unless, within the 60-day notice period, the Employer notifies ICMA-RC in writing that it objects to such modification. (c) The parties agree that enhancements may be made to administrative services under this Agreement. The Employer will be notified of enhancements through the Employer Bulletin, quarterly statements, electronic messages or special mailings. Likewise, if there are any reductions in fees, these will be announced through the Employer Bulletin, quarterly statement, electronic messages or special mailing. 12. Notices 8of12 Plan number: 100043, 300418 In Witness Whereof, the parties hereto certify that they have read and understand this Agreement and all Schedules attached hereto and have caused this Agreement to be executed by their duly authorized officers as of the Inception Date first above written. TOWN OF FIRESTONE By S ignature/Date By Name and Title (Please Print) INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION By Erica McFarquhar Assistant Secretary Please return an executed copy of the Agreement to a Delivery Address, either: (a) Electronically to PlanAdoptionServices(a)icmarc.org, or (b) In paper form to ICMA-RC ATTN: PLAN ADOPTION SERVICES 777 North Capitol Street NE Suite 600 Washington DC 20002-4240 10 of 12 Plan number: 100043, 300418 Unless otherwise provided in this Agreement, all notices required to be delivered under this Agreement shall be in writing and shall be delivered, mailed, e-mailed or faxed to the location of the relevant party set forth below or to such other address or to the attention of such other persons as such party may hereafter specify by notice to the other party. ICMA-RC: Legal Department, ICMA Retirement Corporation, 777 North Capitol Street, N.E., Suite 600, Washington, D.C., 20002-4240 Facsimile; (202) 962-4601 Employer: at the office set forth in the first paragraph hereof, or to any other address, facsimile number or e-mail address designated by the Employer to receive the same by written notice similarly given. Each such notice, request or other communication shall be effective: (i) if given by facsimile, when transmitted to the applicable facsimile number and there is appropriate confirmation of receipt; (ii) if given by mail or e-mail, upon transmission to the designated address with no indication that such address is invalid or incorrect; or (iii) if given by any other means, when actually delivered at the aforesaid address. 13. Complete AgEeement This Agreement shall constitute the complete and full understanding and sole agreement between ICMA-RC and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. This Agreement supersedes all written and oral agreements, communications or negotiations among the parties. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. 14. Titles The headings of Sections of this Agreement and the headings for each of the attached schedules are for convenience only and do not define or limit the contents thereof. 15. Incorporation of Exhibits All Exhibits (and any subsequent amendments thereto), attached hereto, and referenced herein, are hereby incorporated within this Agreement as if set forth fully herein. 16. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. 9of12 Plan number: 100043, 300418 In Witness Whereof, the parties hereto certify that they have read and understand this Agreement and all Schedules attached hereto and have caused this Agreement to be executed by their duly authorized officers as of the Inception Date first above written. M BylM6Ca C Name and Title (Please Print) INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION By Erica McFarquhar Assistant Secretary Please return an executed copy of the Aqreement to a Delivery Address. either: (a) Electronically to PlanAdoptionServices@icmarc.orcl, or (b) In paper form to ICMA-RC ATTN: PLAN ADOPTION SERVICES 777 North Capitol Street NE Suite 600 Washington DC 20002-4240 10 of 12 Plan number: 100043, 300418 Exhibit A Administrative Services The administrative services to be performed by ICMA-RC under this Agreement shall be as follows: (a) Participant enrollment services, including providing a welcome package and enrollment kit containing instructions and notices necessary to implement the Plan's administration. Employees will enroll online or through a paper form. Employer can also enroll employees through EZLink. (b) Establishment of participant accounts for each employee participating in the Plan for whom ICMA-RC receives appropriate enrollment instructions. ICMA-RC is not responsible for determining if such Plan participants are eligible under the terms of the Plan. (c) Allocation in accordance with participant directions received in good order of individual participant accounts to investment funds offered under the Plan. (d) Maintenance of individual accounts for participants reflecting amounts deferred, income, gain or loss credited, and amounts distributed as benefits. (e) Maintenance of records for all participants for whom participant accounts have been established. These files shall include enrollment instructions (provided to ICMA- RC through Account Access or EZLink), beneficiary designation instructions and all other documents concerning each participant's account. (f) Provision of periodic reports to the Employer through EZLink. Participants will have access to account information through Investor Services, Voice Response System, Account Access, TextAccess and through quarterly statements that can be delivered electronically through Account Access or by postal service. (g) Communication to participants of information regarding their rights and elections under the Plan. (h) Making available Investor Services Representatives through a toll -free telephone number from 8:30 a.m. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays and days on which the securities markets or ICMA-RC are closed for business (including emergency closings)), to assist participants. (i) Making available access to [CMA-RC's web site, to allow participants to access certain account information and initiate certain plan transactions at any time. Account access is normally available 24 hours a day, seven days a week except during scheduled maintenance periods designed to ensure high - quality performance. The scheduled maintenance window is outlined at https://haEperl.icmarc.org/lo2in.jsp. (j) Maintaining the security and confidentiality of client information through a system of controls including but not limited to, as appropriate: restricting plan and participant information only to those who need it to provide services, software 11 of 12 Plan number: 100043, 300418 and hardware security, access controls, data back-up and storage procedures, non- disclosure agreements, security incident response procedures, and audit reviews. (k) Making available access to ICMA-RC's plan sponsor EZLink web site to allow plan sponsors to access certain plan information and initiate plan transactions such as enrolling participants and managing contributions at any time. EZLink is normally available 24 hours a day, seven days a week except during scheduled maintenance periods designed to ensure high -quality performance. The scheduled maintenance window is outlined at https://harperl .icmarc.or /g_login.issp. (1) Distribution of benefits as agent for the Employer in accordance with terms of the Plan. Participants who have separated from service can request distributions through Account Access or via form. (m)Upon approval by the Employer that a domestic relations order is an acceptable qualified domestic relations order under the terms of the Plan, ICMA-RC will establish a separate account record for the alternate payee and provide for the investment and distribution of assets held thereunder. (n) Loans may be made available on the terms specified in the Loan Guidelines, if loans are adopted by the Employer. Participants can request loans through Account Access. (o) Guided Pathways Advisory Services — ICMA-RC's participant advice service, "Fund Advice", and asset allocation service, "Asset Class Guidance" may be made available through a third party vendor on the terms specified on ICMA- RC's website. (p) ICMA-RC will determine appropriate delivery method (electronic and/or print) for plan sponsor/participant communications and education based on a number of factors (audience, effectiveness, etc.). 12 of 12 RESOLUTION 19-45 A RESOLUTION APPROVING A 457 DEFERRED COMPENSATION PLAN FOR THE TOWN OF FIRESTONE, COLORADO - Account # 30-0418 WHEREAS, the Town of Firestone has employees rendering valuable services; and WHEREAS, the establishment of a Deferred Compensation Plan for such employees serves the interests of the Town of Firestone by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Town of Firestone has determined that the establishment of a Deferred Compensation Plan to be administered by the ICMA Retirement Corporation serves the above objectives, and WHEREAS, the Town of Firestone desires that its Deferred Compensation Plan be administered by the ICMA Retirement Corporation, and the some or all of the funds held under such plan be invested in VantageTrust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO. Adopts the Deferred Compensation Plan (the "Plan") in the form of: The ICMA Retirement Corporation Deferred Compensation Plan and Trust, referred to as Appendix A. BE IT FURTHER RESOLVED THAT THE Town of Firestone hereby adopts the Declaration of Trust of VantageTrust, attached hereto as Appendix B, intending this adoption to be operative with respect to any retirement or Deferred Compensation Plan subsequently established by the Town of Firestone, if the assets of the plan are to be invested in VantageTrust. BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Town of Firestone serving as a trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. BE IT FURTHER RESOLVED that the Town of Firestone hereby agrees to serve as trustee under the Plan. BE IT FURTHER RESOLVED that the Finance Director shall be the coordinator for this program; shall receive necessary reports, notices, etc. from ICMA Retirement Corporation or VantageTrust; shall cast, on behalf of the Town of Firestone, any required votes under VantageTrust; Administrative duties to carry out the plan may be assigned to the appropriate departments; and is authorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan. PASSED AND ADOPTED this 12th day of June 201'� TOWN ATTEST: m I SEAL 10 wit � a ........... Leah Vanarsdall, Town Clerk e B i Sindelar, ayor RESOLUTION 19-44 A RESOLUTION APPROVING A OUTLINE DEVELOPMENT PLAN AMENDMENT NO.3 FOR COTTONWOOD HOLLOW WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of an Outline Development Plan Amendment No. 3 for Cottonwood Hollow; and WHEREAS, all materials related to the application have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, after a duly -noticed public hearing, at which evidence and testimony were entered into the record, the Board of Trustees finds the proposed outline development plan amendment should be approved, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Cottonwood Hollow Outline Development Plan Amendment No. 3 is hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ATTEST: ` 2'h day of June, 2019. I 'DAL 10 oL to ©GNTY' .Goo Leah Vanarsdall, Town Clerk 10 "W V_�.. EMPEROR • EXHIBIT A Outline Development Plan Amendment No. 3 Cottonwood Hollow Conditions of Approval General 1. Provide an updated title commitment showing Mortgage Consultants, LLC as owner when the mylars are provided for recording, dated no later than thirty (30) days prior to submission of mylars. 2. Technical corrections to the Outline Development Plan Amendment No. 3 for Cottonwood Hollow shall be made to the Town's satisfaction. 2 RESOLUTION 19-43 A RESOLUTION PRESCRIBING THE PAYMENT RATE FOR PAYMENTS OF CASH- IN- LIEU OF WATER RIGHTS DEDICATIONS TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town operates a municipal water system and requires the dedication of water rights in connection with the annexation, subdivision and development of, and water service to, properties within the Town; and WHEREAS, pursuant to Sections 1.08.050 and 13.08.010 of the Firestone Municipal Code, the Town allows, under prescribed circumstances and in the sole and absolute discretion of the Town, for the dedication requirement to be met by payment of cash in lieu of dedication; and WHEREAS, Sections 1.08.050 and 13.08.010 provide that the rate for payments of cash - in -lieu of water rights shall be as determined by the Board of Trustees from time to time by resolution, such rate to be not less than one hundred and ten percent (110%) of the then -current price of a Colorado Big Thompson ("CBT") unit, with an assumed annual yield of 0.60 acre-feet of actual water per CBT unit; and WHEREAS, the Board of Trustees previously approved a resolution setting the payment rate at $38,750.00 per unit of CBT water; and WHEREAS, the Board of Trustees desires to re -adopt such rate and confirm the assumed yield requirements of Sections 1.08.050 and 13.08.010 of the Firestone Municipal Code; NOW, THEREFORE, BE IT RESOLVED .BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Effective upon the adoption of this resolution, the payment rate for payments of cash -in -lieu of water rights dedications shall be $43,900.00 per unit of Colorado Big Thompson ("CBT") water, with an assumed yield of 0.60 acre-feet per CBT unit. Said rate shall remain in effect until revised by subsequent resolution of the Board of Trustees. Section 2. The charges set by this resolution shall supersede and replace any charges previously set or adopted by the Board of Trustees for the same purpose. Section 3. All other resolutions or portions thereof inconsistent or conflicting with this resolution or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. PASSED AND ADOPTED THIS —"..___ DAY OF 2019. TOWN OF FIRESTONE, COLORADO RESOLUTION NO. 19-42 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND COLORADO CIVIL GROUP, INC., FOR ENGINEERING SERVICES FOR THE WOOSTER AVENUE WATER LINE REPLACEMENT PROJECT WHEREAS, the Town of Firestone is in need of engineering services for its Wooster Avenue Water Line Replacement Project ("Project"); and WHEREAS, Colorado Civil Group, Inc., has the skill and experience to perform the engineering services required for the Project; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and Colorado Civil Group, Inc., for engineering services for the Wooster Avenue Water Line Replacement Project is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED thisl day of , 2019. FIRES r�N '1 ato �O C�tirY',.�o�� A`TTEST: DC.C1TT �'A lllol,14�lall Leah Vanarsdall, Town Clerk zED AS TO FORM: Will P ayashi, Town Attorney TOWN OFCOLOR-ADO COLORDO )", Bblki Sinde r, Mayor RESOLUTION NO. 19-41 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT WITH CESARE, INC., FOR GEOTECHNICAL OBSERVATION AND MATERIAL TESTING SERVICES FOR THE WOOSTER AVENUE WATER LINE REPLACEMENT PROJECT WHEREAS, the Town of Firestone is in need of geotechnical observation and material testing services for its Wooster Avenue Water Line Replacement Project ("Project"); and WHEREAS, Cesare, Inc., has the skill and experience to perform the required geotechnical observation and material testing services required for the Project; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and Cesare, Inc., for geotechnical observation and material testing services for the Wooster Avenue Water Line Replacement Project is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED thi day of , 2019. �y� TOWN OF FIRESTONE, COLOR -ADO off TOWN �t tti � } o B46i SmdOlh, Mayor ATTEST: Leah Vanarsdall, Town Clerk ka ED AS TO FORM: Willi . Hayashi, Town Attorney RESOLUTION NO.19-40 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT WITH DEFALCO CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE WOOSTER AVENUE WATER LINE REPLACEMENT PROJECT WHEREAS, the Town of Firestone is in need of construction services for its Wooster Avenue Water Line Replacement Project ("Project"); and WHEREAS, DeFalco Construction Company has been selected as the Project's lowest responsive bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO: The Agreement between the Town of Firestone and DeFalco Construction Company for construction of the Wooster Avenue Water Line Replacement Project is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. n � INTRODUCED, READ AND ADOPTED this 1.} day offlbil 2019. 'TOWN SEAL 6 -o C�D�tiTy' GO�OQ- ATTEST: Leah Vanarsdall, Town Clerk AS TO FORM: WilliarhTy1layashi, Town Attorney • •I FIRESTONE, • !'D• 1 �i�l�_ a C - AM _ J RESOLUTION NO. 19-39 A RESOLUTION PRESCRIBING WATER RATES, FEES, TOLLS AND CHARGES FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town of Firestone (the "Town") operates a municipal water system; and WHEREAS, the Town and Central Weld County Water District ("CWCWD") are parties to various intergovernmental agreements concerning the provision of water service and facilities to the Town; and WHEREAS, pursuant to such intergovernmental agreements, CWCWD from time to time imposes increased charges pertaining to the provision of water service to the Town; and WHEREAS, after review and analysis of the costs of operating and maintaining the Town's water system, including completion of a water rate study and an analysis of capital needs, and in consideration of applicable CWCWD increases and increases in the costs of operating, maintaining and improving the Town's water system, the Board of Trustees has determined that increases in the water system rates, fees, tolls and charges are necessary; and WHEREAS, the current water taps fees and monthly water rates do not adequately provide for the capital needs and operations of the Town's water system; and WHEREAS, the Board of Trustees by this resolution desires to establish various rates, fees, tolls and charges for Town water service and water usage, effective May 9, 2019; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Water rates and charges. The following monthly rates and charges shall be imposed for water service received through the Town of Firestone water system: Meter Base Rate Water Water Charge Per 1,000 Gallons Included in Base Size Charge Rate Gallons Rate (Gallons) Residential 5/8" $ 26.50 -0- 3/4" $ 40.64 -0- 1" $ 67.13 -0- 1-1/2" $ 132.48 -0- 2" $ 213.74 -0- Residential 0-5,000 $ 2.51 5,001-20,000 $ 4.42 20,001-40,000 $ 7.07 Above 40,000 $ 8.84 Commercial, Industrial, Irrigation, Mobile Home Parks, Multi - Family 5/8" $ 26.50 -0- 3/4" $ 40.64 -0- 1" $ 67.13 -0- 1-1/2" $ 132.48 -0- 2" $ 213.74 -0- 3" $ 399.21 -0- 615. $ 1,578.45 -0- Commercial & All usage $ 3.89 Industrial Irrigation Only All usage $ 5.92 Mobile Home All usage $ 4.77 Parks Multi -Family All usage $ 3.89 Out --of-Town Base rates and gallon charges for any out-of-town service shall be Rates two times the in -Town rates and charges. 2 Section 2. Connection, capital investment and repair fees. The following connection and capital investment and repair fees shall be imposed, except that the Town of Firestone shall not be required to pay such connection fees for irrigation sprinkler systems for any public parks, rights - of -way, open space, or medians, or any facility developed, owned or paid for by the Town. Capital Meter Size Connection Fee CWCWD Investment and Repair Fee Town Capital Investment Fee CWCWD Total 5/8" $ 5,800 $ 3,000 $ 4,000 $ 12,800 3/4" $ 7,700 $ 4,500 $ 6,000 $ 18,200 1" $12,500 $ 7,500 $10,000 $ 30,000 1-1/2" $23,000 $ 17,000 $20,000 $ 60,000 2" $36,400 $ 28,000 $32,000 $ 96,400 Connection and capital investment and repair fees as well as any other fees for taps requiring a meter larger than 2" shall be determined by the Board of Trustees on an individual basis considering such factors as type of use, contemplated volume demand for water, effect on the entire water system in the Town, connection and capital investment fees imposed by CWCWD, and all other factors relevant to the application. All taps requiring a meter larger than 2" and all taps applied for where the service requested is outside of the Town limits shall be by contract with the Board of Trustees. Out-of-town taps of 2" or less shall be charged fees at two times the amount of in -Town fees. Section 3. Construction Hydrant Meter Rental Terms. The following fees shall be imposed for hydrant meters supplied by the Town for construction water use. A Hydrant Connection Permit must be obtained from the Town Clerk prior to any water being used from any fire hydrant. Such permit shall be valid for a period not to exceed 6 months. Deposit $ 3,200.00 per meter Administration Fee $ 25.00 per permit Meter Rental $ 4.00 per day Late Charge $ 5.00 per day Water Usage Rate $ 3.89 per 1,000 gallons Section 4. Meter & Yoke Fees. The following fees shall be imposed for Meter and Yoke assemblies installed by the Town for new service connections; such fees for taps requiring a meter larger than 2" shall be as set by contract with the Board of Trustees: Meter Tap Size Administrative Fee Meter & Yoke Cost Total Meter & Yoke Fee 5/8" $25.00 $ 1,032.19 $1,057.19 314" $25.00 $ 1,607.32 $1,092.32 1" $25.00 $ 1,379.96 $1,404.96 3 1-1/2" Commercial $25.00 $ 3,443.90 $3,468.90 1-1/2" Irrigation $25.00 $ 2,446.46 $2,471.46 2" Commercial $25.00 $ 4,393.85 $4,418.85 2" Irrigation $25.00 $ 3,017.41 $3,042.41 Section 5. This Resolution shall become effective on May 9, 2019. Section 6. Town of Firestone Resolution No. 18-51 is hereby repealed in its entirety. All other resolutions or portions thereof inconsistent or conflicting with this resolution or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. PASSED AND ADOPTED THIS 8TH DAY OF MAY, 2019. TOWN OF FIRESTONE, COLOR -ADO 5 ' ?flWN O o bi Sin r SEAS ATTEST:�� IT, GG� Leah Vanarsdall, Town Clerk id RESOLUTION NO. 19-38 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AMENDMENT TO EASEMENT AND AGREEMENT BETWEEN JORDAN P. AND PAMELA J. FUERST, AND THE TOWN OF FIRESTONE WHEREAS, The Town and John J. and Donna M. Pawlik executed that certain Easement and Agreement (the "Easement"), dated April 25, 2005, and subsequently recorded in the Weld County Clerk and Recorder's Office on May 26, 2005, at Reception No. 3289493, granting an easement over, across and upon that certain real property owned by the Town for ingress and egress to the property owned by John J. and Donna M. Pawlik ("Benefitted Property"); and WHEREAS, Jordan P. and Pamela J. Fuerst ("Fuerst") currently own the-Benefitted Property and, by virtue of their ownership, succeeded to the rights and responsibilities of John J. and Donna M. Pawlik under the Easement; and WHEREAS, the private sewage disposal system that serves the Benefitted Property has been damaged, leaving the private residence located on the Benefitted Property without adequate sanitary sewer disposal; and WHEREAS, the terms and conditions of the Easement prohibits the construction, installation and use of a private sewer service line within the Easement area to service the private residence located on the Benefitted Property; and WHEREAS, the Board of Trustees desires to authorize the execution of an "Amendment to Easement and Agreement" with Jordan P. and Pamela J. Fuerst to allow for the construction and use of one private sewer service line within the Easement to service the Fuerst's private residence, thereby enhancing the health and safety of the inhabitants of the Fuerst's residence. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Amendment to Easement and Agreement between the Town of Firestone and Jordan P. and Pamela J. Fuerst, attached hereto and incorporated herein as Exhibit A, is hereby approved, and the Mayor is hereby authorized to execute the Amendment on behalf of the Town INTRODUCED, READ AND ADOPTED this 0 L` day of May, 2019. (00,z o TO)vTOWN OF FIRESTONE, COLORADO L oobi Sid ar, Mayor ATTEST: TY, 190121411 �si0kF RESOLUTION 19-37 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING IN THEIR ENTIRETY ALL PURCHASING POLICIES AND PROCEDURES ADOPTED PRIOR TO WHEREAS, on April 10, 2019, the Board of Trustees of the Town of Firestone approved Resolution No. 19-33, which adopted the Town of Firestone Purchasing Procedures; and WHEREAS, staff subsequently discovered that the Town, by Resolution No. 18-25, had previously adopted updated Purchasing and Financial Policies, which were not expressly repealed by Resolution No. 19-33. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: All Purchasing Policies and Procedures for the Town of Firestone adopted prior to approval of Resolution No. 19-33 are hereby repealed in their entirety. INTRODUCED, READ AND ADOPTED this 8th day of May, 2019. ATT ST: &6u'j4# Leah Vanarsdall, Town Clerk PR AS TO FORM: Willi Hayashi, Town Attorney TOWN OF FIRESTONE, COLORADO J161L bi Sind r, Mayor r• O SEA $ feQ °• :l RESOLUTION NO. 19-36 A RESOLUTION APPROVING PURCHASING OF PESTICIDE STORAGE EQUIPMENT FOR THE COMMUNITY RESOURCES DEPARTMENT WHEREAS, pursuant to § 31-15-302, C.R.S., the financial powers of the Town of Firestone (the "Town") include the power to control the finances and property of the Town and appropriate money for municipal purposes; and WHEREAS, the Board of Trustees desires to purchase pesticide storage equipment for the Community Resources Department ("CRD") for the purpose of safely storing pesticides for the Town related to Parks; and WHEREAS, CRD will purchase the pesticide storage equipment identified below for an amount not to exceed $4,000.00; and WHEREAS, the Town will pay the following amounts for the identified item: • Pesticide Cabinets qty. 3 for $3,000.00 • Spill Containment Kit for Shop and Field for $1,000.00 WHEREAS, the Board of Trustees finds that the purchase of the pesticide storage equipment as described herein is in the best interest of the Town and its citizens, and the Board of Trustees desires to authorize the purchases. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed purchase of pesticide storage equipment for CRD as stated in this Resolution. INTRODUCED, READ AND ADOPTED this 8th day of May, 2019. TOWN OF FIRESTONE, COLORADO C 0c, ESTo B bi Sin ar, Mayor ATTEST: ... SEAL ,4A 10 Leah Vanarsdall, Town Clerk .,,A U'�ry G RESOLUTION 19-35 A RESOLUTION APPROVING A FINAL PLAT FOR FIRESTONE CITY CENTRE SUBDIVISION FILING NO. 3, AMENDMENT 1. WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final plat for Firestone City Centre Subdivision Filing No. 3, Amendment 1; and WHEREAS, all materials related to this application have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, after a duly -noticed public hearing, at which evidence and testimony were entered into the record, the Board of Trustees finds the proposed final plat should be approved, subject to certain conditions. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Final Plat for Firestone City Centre Subdivision Filing No. 3, Amendment 1 is hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 24 h day of April, 2019. g�ON�c co`�N u ATTEST: Co - Leah Vanarsdall, Town Clerk EXHIBIT A Firestone City Centre Subdivision Filing No. 3, Amendment 1 Final Plat Conditions of Approval 1. Provide an updated title commitment when the mylars are provided for recording, dated no later than thirty (30) days prior to submission of mylars. 2. Technical corrections to the Firestone City Centre Subdivision Filing No. 3, Amendment 1 final plat shalt be made to the Town's satisfaction. 2 RESOLUTION 19-34 A RESOLUTION APPROVING PURCHASING OF SERVICES TO REPAIR THE ROOF AT THE PUBLIC WORKS FACILITY FOR THE COMMUNITY RESOURCES AND PUBLIC WORKS DEPARTMENTS WHEREAS, pursuant to § 31-15-302, C.R.S., the financial powers of the Town of Firestone (the "Town") include the power to control the finances and property of the Town and appropriate money for municipal purposes; and WHEREAS, the Board of Trustees desires to purchase services for the Community Resources Department ("CRD") and Public Works Department ("PWD") for the purpose of providing services for the Town related to the Public Works Facility, 7500 Pine Cone Avenue, Firestone, Colorado; and WHEREAS, CRD and PWD will purchase the services to repair the roof and replace the gutters at the existing Public Works Facility identified below for an amount not to exceed THREE THOUSAND SEVEN HUNDRED THREE DOLLARS ($3,703.00); and WHEREAS, the Town will pay the following amounts for the identified items: 6" seamless pre -finished gutters with 3"x4" downspouts replacing the gutters on the west facing slope of the building - $2,703 Repair leaks in the metal roof at the Public Works Building - $1000 WHEREAS, the Board of Trustees finds that the purchase of the vehicles and equipment as described herein is in the best interest of the Town and its citizens, and the Board of Trustees desires to authorize the purchases. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed purchase of services and equipment for CRD and PWD as stated in this Resolution. INTRODUCED, READ AND ADOPTED this 24th day of April, 2019. TOWN OF FIRESTONE, COLOR -ADO 9�EsroN� f L ATTEST: �%AL 1 t� U� cOUNTY,.GO�. Leah Vanarsdall, Town Clerk RESOLUTION 19-33 ARESOLUTION ADOPTING UPDATED PURCHASING POLICY FOR THE TOWN OF FIRESTONE WHEREAS, the Town of Firestone has previously adopted a purchasing policy for the Town; and WHEREAS, the Board of Trustees finds that such policy and procedures should be updated and that the adoption of a current and comprehensive purchasing policy will promote and support the efficient and effective use of Town resources and promote the best interests of the Town; and WHEREAS, there has been presented to the Board of Trustees for adoption a proposed purchasing policy, which has been developed through the collaborative efforts of the Finance Committee, Town Manager and Department of Finance; and WHEREAS, the Board of Trustees finds that the adoption of such policy is authorized by law; and WHEREAS, the Board of Trustees finds that the proposed Purchasing Policy and the award of bid provisions included therein are solely in support of the Town's fiscal responsibilities, including administration of annually appropriated funds, and solely forthe benefit ofthe Town of Firestone, and confer no rights, duties or entitlements to any bidders or proposers; and WHEREAS, the Board of Trustees by this Resolution to desires to adopt said policy; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 11. The Board of Trustees hereby approves and adopts the Town of Firestone Purchasing Policy. The Policy approved and adopted by this Resolution shall take effect April 10, 2019. ee •on 3. In furtherance of the Town of Firestone Purchasing Policy, the Town Finance Director shall from time -to -time prepare purchasing procedures applicable to purchases, which such procedures are subject to approval by the Town Manager or his or her designee. Section 4. All resolutions and policies or portions thereof previously adopted that are 1 inconsistent or conflicting with the policies adopted by this Resolution are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, and ADOPTED this 1 Oth day of April 2019 ¢sro TOWN OF FIRESTONE, COLORADO 7'TOW;v� SEA 4 Bo bi Sindel , Mayor ^ti�O N. ..00 ATTEST: Leah Vanarsdall, Town Clerk K RESOLUTION 19-32 A RESOLUTION ADOPTING UPDATED TOWN -ISSUED CREDIT CARD POLICY FOR THE TOWN OF FIRESTONE WHEREAS, the Town of Firestone has previously adopted a policy governing the use of Town -issued credit cards; and WHEREAS, the Town Board of Trustees updated such policy by Resolution No. 17-40; and WHEREAS, the Board of Trustees finds that such policies should be amended in order to update and revise certain portions thereof, including the addition of certain internal controls and newly implemented processes; and WHEREAS, the Board of Trustees by this Resolution desires to adopt said updated Town - issued credit card policy. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves and adopts the updated Town of Firestone Town -Issued Credit Cards Policy. Section 2. The updated Town -Issued Credit Cards Policy approved and adopted by this Resolution shall take effect April 10, 2019, and shall replace the Town -Issued Credit Card Policy previously adopted by Resolution No. 17-40. INTRODUCED, ADOPTED AND RESOLVED THIS LOTH DAY OF APRIL, 2019 ��FtESTo' i r{�WN p 1. SEAL - ............. :�10 ATTEST: Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO Z&V a ' bi Sinde , Mayor RESOLUTION 19-31 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING THE AMENDED AND RESTATED SERVICE PLAN FOR THE COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT WHEREAS, in 2004, the Board of Trustees of the Town of Firestone received a request to review a service plan for a proposed Metropolitan District entitled the Cottonwood Hollow Commercial Metropolitan District (the "District") to include commercial property near 1-25 and Sable Avenue; and WHEREAS, on October 14, 2004, pursuant to statute, the Board of Trustees conducted a public hearing to review the service plan ("Original Service Plan") for the Cottonwood Hollow Commercial Metropolitan District and approved said Original Service Plan; and WHEREAS, after approval of the service plan, the District was organized pursuant to a court order and decree on December 2, 2004; and WHEREAS, by Resolution No. 12-27, adopted October 10, 2012, the Board of Trustees approved the First Amendment to Service Plan for the Cottonwood Hollow Commercial Metropolitan District (the "First Amendment"); and WHEREAS, by Resolution No. 14-41, adopted June 25, 2014, the Board of Trustees approved the Second Amendment to Service Plan for the Cottonwood Hollow Commercial Metropolitan District (the "Second Amendment"); the original Service Plan, as amended by the First Amendment and Second Amendment, is hereafter referred to as the "Service Plan"; and WHEREAS, the Board of Trustees has now received a request to review and approve an Amended and Restated Service Plan for the Cottonwood Hollow Commercial Metropolitan District; and WHEREAS, following notice as required by law, the Board of Trustees conducted a public hearing on the request on April 11, 2019, and now wishes to approve the Amended and Restated Service Plan. THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone finds that: (a) An Amended and Restated Service Plan for the Cottonwood Hollow Commercial Metropolitan District was filed in the office of the Planning and Development Department of the Town of Firestone; and (b) Pursuant to statute, the Board of Trustees of the Town of Firestone has authority to review the Amended and Restated Service Plan with reference to need, service and economic feasibility; and (00130527,DOC v:1 ) (c) The Board of Trustees of the Town of Firestone has reviewed the Amended and Restated Service Plan, the evidence and related exhibits, and has determined that the same meets the municipal approval criteria under the Special District Act and, therefore, has determined to adopt a resolution of approval of the Amended and Restated Service Plan for the proposed Cottonwood Hollow Commercial Metropolitan District. Section 2. Upon consideration of the Amended and Restated Service Plan for the District, and evidence presented at the public hearing on the Amended and Restated Service Plan, the Board of Trustees of the Town of Firestone does find, determine and declare, as required by Section 32-1-203(2), C.R.S., as follows: (a) That there is sufficient existing and projected need for organized service in the area to be serviced by the District; (b) That the existing service in the area to be served by the District is inadequate for present and projected needs; (c) That the District is capable of providing economical and sufficient service to the area within its proposed boundaries; and (d) That the area to be included in the District has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. Section 3. That pursuant to Section 32-1-204.5(l)(c), C.R.S., the Board of Trustees hereby imposes the following conditions upon its approval of Service Plan: (a) The District shall not be authorized to issue Debt until the District has reimbursed the Town for all the charges and fees it has incurred with its attorneys and consultant relating to their review of this Service Plan and in connection with the modification of the Service plan approved herein; and (b) (c) If any of the above -stated conditions (a) through (c) are not met, the Town may revoke its approval of the Amended and Restated Service Plan by subsequent resolution and pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 4. Upon consideration of the Amended and Restated Service Plan, and all evidence presented at the public hearing on the Amended and Restated Service Plan, the Amended and Restated Service Plan for the Cottonwood Hollow Commercial Metropolitan District, as set forth in Exhibit A to this Resolution, is hereby approved, subject to the conditions stated in Section 4 above, in accordance with Section 32-1-204.5(t)(c), C.R.S. INTRODUCED, READ AND ADOPTED this 10th day of April, 2019. {oa130527.Doc v: l } 2 IAT ST- L h Vanarsdall, Town Clerk APPROVED AS TO FORM: a'411 Wiliia4 vv ayashi, Town Attorney T OF FIRESTONE, COLORADO AQAi Sinde ar, Mayor SEA o 0"A {00130527.DOC v:I } AMENDED AND RESTATED SERVICE PLAN FOR COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT TOWN OF FIRESTONE, COLORADO Prepared by Miller & Associates Law Offices, LLC 1641 California St Suite 300 Denver CO 80202 Submittal Dates: April 9, 2018 (Original Submission) February 11, 2019 (Revised Submission) March 21, 2019 (Second Revised Submission) April 5, 2019 (Third Revised Submission) TABLE OF CONTENTS Page I. INTRODUCTION........................................................................................ A. Purpose and Intent................................................................................................... 1 B. Need for the District................................................................................................ I C. Objective of the Town Regarding the Service Plan ................................................ I H. DEFINITIONS....................................................................................................................2 III. BOUNDARIES...................................................................................................................6 IV. PROPOSED LAND USE, PROJECTED POPULATION PROJECTIONS AND CURRENT ASSESSED VALUATION ............... ..............................................I............... 6 V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES....... 7 A. Powers of the District and Service Plan Amendment ............................................. 7 1. Operation and Maintenance Limitation...................................................... 7 2. Fire Protection Limitation........................................................................... 7 3. Television Relay and Translation Limitation; Mosquito Control, and Other Limitations................................................................................................ 7 4. Limitation on Extraterritorial Service......................................................... 8 5. Telecommunication Facilities..................................................................... 8 6. Construction Standards Limitation............................................................. 8 7. Zoning and Land Use Requirements ................. 8. Growth Limitations..................................................................................... 8 9. Conveyance.................................................................................................8 10. Eminent Domain......................................................................................... 8 11. Water Rights/Resources Limitation............................................................ 8 12. Inclusion Limitation.................................................................................... 9 13. Exclusion Limitation ................................................................................... 9 14. Overlap Limitation...................................................................................... 9 15. Sales and Use Tax....................................................................................... 9 16. Monies from Other Governmental Sources ................................................ 9 17. Consolidation Limitation.......................................................................... 10 18. Subdistrict Limitation............................................................................... 10 19. Fees........................................................................................................... 10 20. Special Assessments................................................................................. 10 21. Revenue Bonds Limitation..................................................................... 10 22. Public Improvement Fee and Sales Tax Limitation .................................. 10 23. Bankruptcy Limitation.............................................................................. 10 24. Reimbursement Agreement....................................................................... 11 25. Service Plan Amendment Requirement................:................................... 11 B. Preliminary Engineering Survey........................................................................... 11 VI. REGIONAL IMPROVEMENTS...................................................................................... 12 i VII. FINANCIAL PROVISIONS............................................................................................ 13 A. General..................................................................................................................13 B. Maximum Voted Interest Rate and Maximum Underwriting Discount ............... 13 C. Mill Levies............................................................................................................ 14 D. Debt Parameters......................................................................................... ....... 14 E. Debt Instrument Disclosure Requirement............................................................. 15 F. Privately Placed Debt Limitation.......................................................................... 15 G. TABOR Compliance............................................................................................. 16 H. District's Organizational Costs and Operation and Maintenance Costs ............... 16 VIII. ANNUAL REPORT......................................................................................................... 16 A. General..................................................................................................................16 B. Reporting of Significant Events .............................. ...... 16 IX. DISSOLUTION.............................................................................................17 X. DISCLOSURE NOTICES................................................................................................ 17 XI. INTERGOVERNMENTAL AGREEMENT.................................................................... 17 XII. NON-COMPLIANCE WITH SERVICE PLAN.............................................................. 18 XIII. CONCLUSION.................................................................................................................18 ii LIST OF EXHIBITS EXHIBIT A Vicinity Map EXHIBIT B Initial Boundary Map and Legal Description EXHIBIT C Inclusion Area Boundary Map and Legal Description IWI I_I I fl. 18. 1�a r, wI . fJ, M4 , EXHIBIT E Capital Plan - List of Public Improvements EXHIBIT F Indemnification Letters EXHIBIT G Intergovernmental Agreement ill I. INTRODUCTION A. Purpose and Intent. The District is an independent unit of local government, separate and distinct from the Town. The primary purpose of the District will be to finance the construction of the Public Improvements. The District shall provide ongoing operation and maintenance services as specifically set forth in this Service Plan and in the Intergovernmental Agreement between the Town and the District. The District was originally organized in 2004, and the original Service Plan has been amended twice. This Amended and Restated Service Plan will replace the original Service Plan and the First and Second Amendments to the original Service Plan in their entirety. This Amended and Restated Service Plan is intended to accommodate the phasing of the Project and the infrastructure needs of each phase. It is contemplated that the District will cooperate with the Cottonwood Hollow Commercial Metropolitan District on certain infrastructure that benefits the taxpayers and inhabitants of the Service Area, and that this District will have its own particular infrastructure needs. B. Need for the District. There were not at the time of formation of the District nor are there currently other governmental entities, including the Town, located in the immediate vicinity of the District that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction, installation, relocation, redevelopment, and financing of the Public Improvements needed for the Project. The District is therefore necessary in order for the Public Improvements required for the Project to be provided in the most economic manner possible. C. Objective of the Town Regarding the Service Plan. The Town's objective in approving the Service Plan for the District is to authorize the District to provide for the planning, design, acquisition, construction, installation, relocation and redevelopment of the Public Improvements from the proceeds of Debt to be issued by the District. All Debt is expected to be repaid by taxes imposed and collected at a mill levy no higher than the Maximum Debt Mill Levy, as the same may be increased as set forth in Section V.C.1; by Fees as limited by Section V.A.19; and/or by Special Assessments as set forth in Section V.A.20. This Service Plan is intended to establish a limited purpose for the District and explicit financial constraints that are not to be violated under any circumstances. The primary purpose of the District is to provide the Public Improvements associated with development pursuant to the Approved Development Plan. Except for the Operation and Maintenance Costs the District is authorized to pay in accordance with Section VII.H herein, operation and maintenance services are allowed only through the Intergovernmental Agreement with the Town. The District shall dissolve upon payment or defeasance of all Debt incurred or upon a court determination that adequate provision has been made for the payment of all Debt, except that if the District has ongoing operation and maintenance functions authorized under an Intergovernmental Agreement with the Town, the District shall not be required to dissolve but 1 shall retain only the power necessary to impose and collect taxes (subject to the Maximum Operation and Maintenance Mill Levy), Special Assessments or Fees in amounts necessary to pay for those Operation and Maintenance Costs. Additionally, if the Board of Directors of the District determines that the existence of that District is no longer necessary to accomplish the purposes set forth in this Service Plan, the Board of Directors of that District shall promptly effectuate the dissolution of that District. The District shall be authorized to finance the Public Improvements that can be funded from Debt which is to be repaid from Fees, Special Assessments or tax revenues collected from a mill levy which shall not exceed the Maximum Debt Mill Levy, as well as other legally available sources of revenue, and to maintain certain of the Public Improvements as set forth in the Intergovernmental Agreement with the Town. It is the intent of this Service Plan to assure to the extent possible that no property bear an economic burden that is greater than that associated with revenues from the Maximum Debt Mill Levy, the Maximum Operation and Maintenance Mill Levy, Fees and Special Assessments, even under bankruptcy or other unusual situations. Generally, the costs of Public Improvements that cannot be funded within these parameters are not costs to be paid by the District. With regard to Regional Improvements, this Service Plan and the Intergovernmental Agreement also provide for the District to pay a portion of the cost of regional infrastructure as part of ensuring that development and those that benefit from development pay for the associated costs. D. Organizers and Consultants. This Service Plan has been prepared by the following: Or ang izers District Counsel Mortgage Consultants, LLC Miller & Associates Law Offices, LLC 8400 E Prentice Avenue #670 1641 California Street, Suite 300 Greenwood Village CO 80111 Denver CO 80202 mgrant@trail-ridge.com dmiller&ddmalaw.com Financial Advisor or Underwriter DA Davidson & CO 1550 Market St Suite 300 Denver CO 80202 zbishop@dadco.com II. DEFINITIONS Engineers Paragon Engineering Consultants, Inc. 7852 S Elati St Suite 106 Littleton CO 80120 Wendellkparagonen .com In this Service Plan, the following terms shall have the meanings indicated below, unless the context hereof clearly requires otherwise: Approved Development Plan: means a development plan, subdivision development agreement or other land use application process established by the Town for the Project as approved in its final form by the Town pursuant to the Town Code, as may be 2 amended from time to time pursuant to the Town Code, that identifies, among other things, the Public Improvements necessary for facilitating development of property within the Service Area. Board: means the board of directors of the District. Capital Plan: means the Capital Plan described in Section V.B. which includes: (a) a comprehensive list of the Public Improvements to be developed by the District; (b) an engineer's estimate of the cost of the Public Improvements; and (c) a pro forma capital expenditure plan correlating expenditures with development. C.R.S. means the Colorado Revised Statutes, as the same may be amended from time to time. Debt: means bonds, notes, debentures, certificates, contracts, capital leases or other multiple fiscal year obligations for the payment of which the District has promised to impose an ad valorem property tax mill levy, collect Fee revenue, and/or levy Special Assessments. District: means Cottonwood Hollow Commercial Metropolitan District. Districts: means the District and Cottonwood Hollow Residential Metropolitan District, collectively. District Boundaries: means the property within the Initial Boundaries, together with any portion of the property within the Inclusion Area Boundaries that may be included from time to time pursuant to Section 32-1-401, et se , C.R.S. End User: means any owner, or tenant of any owner, of any taxable improvement within the District who is intended to become burdened by the imposition of ad valorem property taxes subject to the Maximum Debt Mill Levy. By way of illustration, a resident homeowner, renter, commercial property owner, or commercial tenant is an End User. A person or entity that constructs homes or commercial structures with the intention of selling to others is not an End User. External Financial Advisor: means a consultant that: (i) advises Colorado governmental entities on matters relating to the issuance of securities by Colorado governmental entities, including matters such as the pricing, sales and marketing of such securities and the procuring of bond ratings, credit enhancement and insurance in respect of such securities; (ii) shall be an underwriter, investment banker, or individual listed as a public finance advisor in the Bond Buyer's Municipal Market Place; and (iii) is not an officer or employee of the District and has not been otherwise engaged to provide services in connection with the transaction related to the applicable Debt. If the District has engaged a municipal adviser that meets the foregoing criteria and has a fiduciary duty to the District, the municipal adviser may fill the role of the External Financial Advisor. 3 Fees: means any fee, rate, toll, penalty or charge imposed or received by the District for services, programs or facilities provided by the District, as described in Section V.A.19 below. Financial Plan: means the Financial Plan described in Section VII and attached as Exhibit D which describes (i) how the Public Improvements are expected to be financed; (ii) how the Debt is expected to be incurred; and (iii) the estimated operating revenue derived from property taxes for the first budget year. Inclusion Area Boundaries: means the boundaries of the area proposed for inclusion within the boundaries of the District, described in the Inclusion Area Boundary Map and Legal Description attached hereto as Exhibit C, which proposed area is contained within the Project as outlined in the Approved Development Plan. Initial Boundaries: means the boundaries of the District's area described in the Initial Boundary Map and Legal Description, attached hereto as Exhibit B. Initial Debt: means the first Debt issued by the District. Initial Debt Issuance Deadline: means the date that is ten years after the Town's approval of an Approved Development Plan and shall be the date by which the District initiates its Initial Debt issuance in accordance with Section V.A.15 below. Intergovernmental Agreement: means the intergovernmental agreement between the District and the Town, a form of which is attached hereto as Exhibit G. The Intergovernmental Agreement may be amended from time to time by the District and the Town. Maximum Debt Mill Levy: means the maximum mill levy the District is permitted to impose for payment of Debt as set forth in Section VII.C.1 below. Maximum Operation and Maintenance Mill Levy: means the maximum mill levy the District is permitted to impose for payment of Operation and Maintenance Costs, as set forth in Section VILC.2 below. Maximum Aggregate Mill Levy: means, for each District, the maximum combined mill levy the District is permitted to impose upon the taxable property within the District for payment of all expenses categories, including but limited to Debt, capital costs, organizational costs, and Operation and Maintenance Costs, except that the Maximum Aggregate Mill Levy shall not include the mill levy for Regional Improvements as established under the Intergovernmental Agreement. The Maximum Aggregate Mill Levy is set forth in Section VILC.3 below. Mill Levy Adjustment: means, if, on or after January 1, 2019, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement, the Maximum Debt Mill Levy and the Maximum Operation and Maintenance Mill Levy may be increased or decreased to reflect such changes, such increases and decreases to be determined by the Board in good faith (such determination .19 to be binding and final) so that to the extent possible, the actual tax revenues generated by the applicable mill levy, as adjusted for changes occurring after January 1, 2019, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation. Operation and Maintenance Costs: means (1) planning and design costs of Public Improvements identified by the District as being payable from its operation and maintenance mill levy; (2) the costs of repair, replacement and depreciation of the Public Improvements; (3) the costs of any covenant enforcement and design review services the District may provide; and (4) the costs of ongoing administrative, accounting and legal services to the District. Organizational Costs: means the estimated initial cost of acquiring land, engineering services, legal services and administrative services, together with the estimated costs of the District's organization and initial operations, as set forth in Section VILH below, which Organizational Costs are eligible for reimbursement out of Debt proceeds. Project: means the development or property commonly referred to as Cottonwood Hollow. Public Improvements: means a part or all of the improvements authorized to be planned, designed, acquired, constructed, installed, relocated, redeveloped and financed by the District as generally described in the Special District Act and in accordance with the Approved Development Plan, except as specifically limited in Section V below, which improvements benefit the property within the Project, the District Boundaries and/or the Service Area, and which improvements will serve the future taxpayers and inhabitants of the property within the Project, the District Boundaries and/or the Service Area, as determined by the Boards of the District. Regional Improvements: means improvements or facilities that benefit the property within or without the District Boundaries and/or the Service Area and which are to be financed pursuant to Section VI below, and which are more particularly set forth in the Intergovernmental Agreement or a separate intergovernmental agreement between the Town and the District. Service Area: means the Initial Boundaries and the Inclusion Area Boundaries, Service Plan: means this amended and restated service plan for the District approved by Town Board, which Service Plan replaces in their entirety the original service plan, together with the first and second amendments to the original service plan. Service Plan Amendment: means an amendment to the Service Plan approved by Town Board in accordance with the Town's ordinance and the applicable state law. Special Assessment: means the levy of an assessment within the boundaries of a special improvement district pursuant to Section V.A.20 below. Special District Act: means Title 32, Article 1 of the Colorado Revised Statutes, as amended from time to time. State: means the State of Colorado. Taxable Property: means real or personal property which is subject to ad valorem taxes imposed by the District. Town: means the Town of Firestone, Colorado. Town Board: means the Town Board of Trustees of the Town of Firestone, Colorado. Town Code: means the Town Code of the Town of Firestone, Colorado. Total Debt Limit means Twenty Million Five Hundred Thousand Dollars ($20,500,000.00) which Total Debt Limit includes all Debt issued by the District for Public Improvements and Regional Improvements. III. BOUNDARIES A Vicinity Map depicting the Project is attached hereto as Exhibit A. The area of the Initial Boundaries includes approximately 49.52 acres, and the legal description and map of the Initial Boundaries are set forth in Exhibit B. The Inclusion Area Boundary Map and Legal Description, depicting the property which may be included within the District, is attached hereto as Exhibit C. It is anticipated that the District's boundaries may change from time to time as they undergo inclusions and exclusions pursuant to Section 32-1-401, et seq., C.R.S., and Section 32-1-501, et seq., C.R.S., subject to the limitations set forth in Section V below. IV. PROPOSED LAND USE, PROJECTED POPULATION PROJECTIONS AND CURRENT ASSESSED VALUATION The property within the Service Area consists of approximately 216.168 acres of land, currently undeveloped but with approved Planned Unit Development. The population of the Service Area at build -out is estimated to be approximately 2,663 people. The current assessed valuation of the property within the Service Area is Twenty Million Four Hundred Thousand Five Hundred Ninety Dollars ($20,400,590) for purposes of this Service Plan, and the assessed value of the property within the Service Area at build -out is expected to be sufficient to reasonably discharge the Debt under the Financial Plan attached hereto as Exhibit D. Approval of this Service Plan by the Town does not imply approval of the development of a specific area within the Service Area, nor does it imply approval of the number of residential units or the total site/floor area of commercial or industrial buildings identified in this Service Plan or any of the exhibits attached thereto, which approvals shall be as set forth in an Approved Development Plan. Property within the Service Area may have previously been approved for development by the Town. Approval of this Service Plan by the Town in no way releases or relieves the developer of the Project, or the developer, landowner or subdivider of any property within the Service Area, or any of their respective successors or assigns, of obligations to construct public improvements for the Project or of obligations to provide to the Town such financial guarantees as may be required by the Town to ensure the completion of the Public Improvements, or of any other obligations to the Town under the applicable Approved Development Plan, the Town Code or any applicable annexation agreement, subdivision agreement, or other agreements affecting the Project property or development thereof. V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES A. Powers of the District and Service Plan Amendment. The District shall have the power and authority to provide the Public Improvements and related operation and maintenance services as such power and authority is described in the Special District Act and other applicable statutes, common law, and the Constitution, subject to the limitations set forth herein, in the Approved Development Plan, and in the Intergovernmental Agreement. 1. Operation and Maintenance Limitation. The purpose of the District is to plan for, design, acquire, construct, install, relocate, redevelop and finance the Public Improvements. The District shall dedicate the Public Improvements to the Town or other appropriate jurisdiction in a manner consistent with the Approved Development Plan, the Intergovernmental Agreement, and other rules and regulations of the Town and applicable provisions of the Town Code. No District shall be authorized to operate and maintain any part or all of the Public Improvements unless the provision of such operation and maintenance is pursuant to the Intergovernmental Agreement with the Town. If the District is authorized in the Intergovernmental Agreement to operate and maintain any parks or trails, then unless otherwise expressly specified in the Intergovernmental Agreement, all such parks and trails shall be open to the general public free of charge. Notwithstanding the foregoing, the District may provide covenant enforcement, design review services and other services to the residents, owners and taxpayers within the District pursuant to and in accordance with § 32-1-1004(8) C.R.S. The District may impose a mill levy, Special Assessments and/or Fees to pay for Operation and Maintenance Costs in accordance with Section VILH below. 2. Fire Protection Limitation. The District shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain fire protection facilities or services, unless such facilities and services are provided pursuant to an intergovernmental agreement with the Town and with Firestone Fire Protection District. The authority to plan for, design, acquire, construct, install, relocate, redevelop or finance fire hydrants and related improvements installed as part of the water system shall not be limited by this provision. 3. Television Relay and Translation Limitation; Mosquito Control, and Other Limitations. Unless such facilities and services are provided pursuant to the Intergovernmental Agreement, the District shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate, maintain, or provide: (a) any television relay and translation facilities and services, other than for the installation of conduit as a part of a street construction project; (b) any mosquito control facilities and services; (c) any solid waste 9 disposal, collection and transportation facilities and services; and (d) any security, covenant enforcement and design review services. 4. Limitation on Extraterritorial Service. The District shall be authorized to provide services or facilities outside the District Boundaries or to establish fees, rates, tolls, penalties or charges for any services or facilities only in accordance with an Approved Development Plan, the Intergovernmental Agreement, or other agreement to which the Town is a party or otherwise gives its written consent, as evidenced by resolution of the Town Board of Trustees. 5. Telecommunication Facilities. The District agrees that no telecommunication facilities shall be constructed except pursuant to the Intergovernmental Agreement and that no such facilities owned, operated or otherwise allowed by the District shall affect the ability of the Town to expand its public safety telecommunication facilities or impair existing telecommunication facilities. 6. Construction Standards Limitation. The District will ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications of the Town and of other governmental entities having proper jurisdiction. The District will obtain the approval of civil engineering plans from the appropriate jurisdiction and will obtain applicable permits for construction and installation of Public Improvements prior to performing such work. 7. Zoning and Land Use Requirements. The District shall be subject to all of the Town's zoning, subdivision, building code and other land use requirements. S. Growth Limitations. The Town shall not be limited in implementing Board or voter approved growth limitations, even though such actions may reduce or delay development within the District and the realization of District revenue. 9. Convey. The District agrees to convey to the Town, upon written notification from the Town and at no cost to the Town, any interest in real property owned by the District that is necessary, in the Town's sole discretion, for any Town capital improvement projects for transportation, utilities or drainage, so long as such conveyance does not interfere with the District's ability to construct, operate and/or maintain Public Infrastructure, as the same may be limited by this Service Plan. 14. Eminent Domain. The District shall not be authorized to exercise, nor shall it use the power of dominant eminent domain, except as otherwise provided pursuant to an intergovernmental agreement with the Town. 11. Water Rights/Resources Limitation. The District shall not acquire, own, manage, adjudicate or develop potable water rights or resources except for the sole purpose of transferring such water rights to the Town or to another governmental entity at the direction of the Town. The District may be permitted to construct, finance, operate and maintain a non - potable water system for the development and may be permitted to own, manage, adjudicate and develop the non -potable water rights which will be used in such non -potable system, only if required or authorized by an intergovernmental agreement with the Town, separate and distinct from the Intergovernmental Agreement. 12. Inclusion Limitation. Without prior written notice to the Town, the District shall not include into its boundaries any property except the property within the Inclusion Area Boundaries. No property will be included within the District at any time unless such property has been annexed into the Town's corporate limits. No property in the Inclusion Area shall be included into the District unless a concurrent exclusion from Cottonwood Hollow Commercial Metropolitan District is also processed. It is the intent of this provision that property within the Service Area be included only within one of the Districts. t3. Exclusion Limitation. The District may exclude from its boundaries any property within the District Boundaries so long as the excluded property is concurrently included into the Cottonwood Hollow Commercial Metropolitan District. Any other exclusion shall require the prior written notice to and approval by the Town. No District shall exclude from its boundaries property upon which a Debt mill levy has been imposed for the purpose of the inclusion of such property into another district that has been or will be formed under the Special District Act, without the prior written consent of the Town, as evidenced by resolution of the Town Board of Trustees. 14. Overlap Limitation. The boundaries of the District shall not overlap with the Cottonwood Hollow Residential Metropolitan District if such overlap will cause the District's mill levy to exceed the Maximum Debt Mill Levy or the Maximum Operation and Maintenance Mill Levy. 15. Initial Debt Limitation, The District shall make its best efforts to initiate the issuance of its Initial Debt prior to the Initial Debt Issuance Deadline. This requirement does not mandate that the issuance of the Initial Debt be sized to utilize the entirety of the District's Total Debt Issuance Limitation (as defined below). The District shall not be prohibited from completing the issuance of the Initial Debt after the Initial Debt Issuance Deadline, so long as the issuance of the Initial Debt commenced prior to the Initial Debt Issuance Deadline. Should the District fail to initiate the issuance of the Initial Debt prior to the Initial Debt Issuance Deadline, the District shall seek, and obtain, a written extension of the Initial Debt Issuance Deadline. 16. Total Debt Issuance Limitation. The District shall not issue Debt in excess of the Total Debt Limit. 17. Sales and Use Tax. The District shall not exercise its Town sales and use tax exemption. 18. Monies from Other Governmental Sources. The District shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds, or other funds available from or through governmental or non-profit entities that the Town is eligible to apply for, except pursuant to the Intergovernmental Agreement. This Section shall not apply to specific ownership taxes which shall be distributed to and be a revenue source for the District without any limitation. 0 19. Consolidation Limitation. No District shall file a request with any Court to consolidate with another Title 32 district without the prior written consent of the Town, as evidenced by resolution of the Town Board of Trustees. 20. Subdistrict Limitation. No District shall create any subdistrict pursuant to Section 32-1-1101, C.R.S. without the prior written consent of the Town, as evidenced by resolution of the Town Board of Trustees. 21. Fees. If authorized in the Intergovernmental Agreement, the District may impose and collect Fees for services, programs or facilities furnished by the District and may from time to time increase or decrease such fees, and may use the revenue from such fees for repayment of Debt, capital costs, or Operation and Maintenance Costs and for the payment of any indebtedness of the District. 22. Special Assessments. If authorized in the Intergovernmental Agreement, the District may establish one or more special improvement districts within its District Boundaries and may levy a Special Assessment with the special improvement district in order to finance all or part of the costs of any Public Improvements to be constructed or installed that the District is authorized to finance. 23. Revenue Bonds Limitation. Revenue Bonds are bonds payable in whole or in part from revenues other than the District's property and specific ownership taxes. Revenue Bonds do not include bonds issued by one of the Districts to which the other one of the Districts has pledged its property and/or specific ownership taxes. Prior to issuing any revenue bonds, the District shall submit all relevant details of such issuance to the Town Board of Trustees, which may elect to treat the issuance of the revenue bonds as a material modification of the Service Plan. If it is determined by the Board of Trustees that the issuance of revenue bonds constitutes a material modification of the Service Plan, the District shall proceed to amend the Service Plan in accordance with Section 32-1-207, C.R.S. prior to issuing any revenue bonds. If it is determined by the Board of Trustees that such issuance does not constitute a material modification of the Service Plan, the Board of Trustees may issue a resolution to that effect, after receipt of which the District may proceed with such issuance without need for approval of a material modification of the Service Plan. The Town Board shall make its determination in writing to the District within ten (10) business days after submittal of the information by the District, unless the Town and District mutually agree to a different date. Failure of the Town timely to provide a determination shall be deemed consent to the issuance of the revenue bonds. 24. Public Improvement Fee and Sales Tax Limitation. The District shall not impose, collect, receive, spend or pledge to any Debt any fee, assessment, tax or charge which is collected by a retailer in the District on the sale of goods or services by such retailer and which is measured by the sales price of such goods or services, except as provided pursuant to an agreement with the Town approved by the Town Board. 25. Bankruptcy Limitation. All of the limitations contained in this Service Plan, including, but not limited to, those pertaining to the Maximum Debt Mill Levy, the Maximum Operation and Maintenance Mill Levy, and Fees have been established under the 10 authority of the Town to approve a Service Plan pursuant to Section 32-1-204.5. C.R.S. It is expressly intended that such limitations: (a) Shall not be subject to set -aside for any reason or by any court of competent jurisdiction, absent a Service Plan Amendment; and (b) Are, together with all other requirements of Colorado law, included in the "political or governmental powers" reserved to the State under the U.S. Bankruptcy Code (11 U.S.C.) Section 903, and are also included in the "regulatory or electoral approval necessary under applicable nonbankruptcy law" as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy Code Section 943(b)(6). The filing of any bankruptcy petition by any District shall constitute, simultaneously with such filing, a material departure of the express terms of this Service Plan, thus necessitating a material modification that must be submitted to the Town for its consideration as a Service Plan Amendment. 26. Reimbursement Agreement. If any District utilizes reimbursement agreements to obtain reimbursements from third -party developers or adjacent landowners for costs of improvements that benefit third -party landowners, such agreements shall be done in accordance with Town Code. If a reimbursement agreement exists or is entered into for an improvement financed by the District, any and all resulting reimbursements received for such improvement shall be deposited in the District's debt service fund and used for the purpose of retiring the District's debt. 27. Service Plan Amendment Requirement. This Service Plan has been designed with sufficient flexibility to enable the District to provide required services and facilities under evolving circumstances without the need for numerous amendments. Actions of any District which violates the limitations set forth in V.A. above or in VILC or VILD shall be deemed to be material modifications to this Service Plan and the Town shall be entitled to all remedies available under State and local law to enjoin such actions of the District. B. Preliminary Engineering Surve . The District shall have authority to provide for the planning, design, acquisition, construction, installation, relocation, redevelopment, maintenance, and financing of the Public Improvements. A Capital Plan, including: (1) a comprehensive list of the Public Improvements to be developed by the District; (2) an estimate of the cost of the Public Improvements, together with a letter from a Colorado professional registered engineer certifying that such costs are reasonable in the engineer's opinion and that such estimates were prepared based upon Town construction standards; and (3) a pro forma capital expenditure plan correlating expenditures with development is attached hereto as Exhibit E. The District shall be authorized to construct Public Improvements that shall be more specifically defined in each applicable Approved Development Plan, the Intergovernmental Agreement, or other agreement to which the Town is a party or otherwise gives its written consent, as evidenced by resolution of the Town Board of Trustees. The estimated the costs of the Public Improvements which may be planned for, designed, acquired, constructed, installed, relocated, redeveloped, maintained or financed was 11 prepared based upon a preliminary engineering survey and estimates derived from the zoning on the property in the property within the District, plus the amounts needed to fund the development of water infrastructure and water rights with the Town is Thirty -One Million Seven Hundred Forty -Eight Thousand, Seven Hundred Seventy -Four Dollars ($31,748,774.00). All of the Public Improvements will be designed in such a way as to assure that the construction standards will be compatible with those of the Town and shall be in accordance with the requirements of the Approved Development Plan. All construction cost estimates are based on the assumption that construction conforms to applicable local, State or Federal requirements. C. Multiple District Structure. It is anticipated that the Districts, collectively, will undertake the financing and construction of certain of the Public Improvements contemplated herein. Specifically, if the Districts collectively undertake the financing and construction of Public Improvements, then the Districts shall enter into one or more intergovernmental agreements with each other that shall govern the relationships between and among them with respect to the financing, construction and operation of the Public Improvements. The Districts will establish a mechanism whereby any one or both of the Districts may separately or collectively fund, construct, install and operate the Public Improvements. VI. REGIONAL IMPROVEMENTS If authorized in the Intergovernmental Agreement establishing the terms and conditions for the provision of Regional Improvements, the District shall be authorized to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment and to contribute to the funding of the Regional Improvements, and to fund the administration and overhead costs related to the provisions of the Regional Improvements incurred as a result of participation in the Regional Improvements obligations, and the District shall have the authority to impose a mill levy established under the Intergovernmental Agreement and to issue Debt for Regional Improvements in an aggregate amount not to exceed the Debt limit set forth in the Intergovernmental Agreement. The Maximum Debt Mill Levy set forth below in Section VII.0 below shall not include the mill levy imposed for the payment of the costs of the planning, design, permitting, construction, acquisition and financing of the Regional Improvements described in the Intergovernmental Agreement, and which is established under the Intergovernmental Agreement. However, the Debt limit set forth in the Intergovernmental Agreement, when added to the Debt Limit for the Public Improvements set forth in Section VII.A below, shall not exceed the Total Debt Limit. Any Debt issued by the District pursuant to this Section VI must be issued in compliance with and all requirements of State law, and shall comply with the debt parameters set forth in Section VII.D, below. The proponents of the District acknowledge and agree that the provisions in this Service Plan and the Intergovernmental Agreement for the District's participation in Regional Improvements are material considerations in, and conditions of the Town's approval of this Service Plan, and the Town has relied thereon in approving this Service Plan. The failure to 12 comply with this Section VI shall be deemed a material modification of this Service Plan and a breach of the terms of the Intergovernmental Agreement. VII. The Town agrees to use the Regional Improvement Contribution amounts for public facilities within the boundaries of the District which benefit the District's residents and taxpayers, as prioritized and determined by the Town. FINANCIAL PROVISIONS A. General. The District shall be authorized to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment of the Public Improvements from its revenues and by and through the proceeds of Debt to be issued by the District. The District may impose a mill levy on taxable property within its boundaries as a primary source of revenue for repayment of debt service and for operation and maintenance. The District may also rely upon various other revenue sources authorized by law. At the District's discretion, these may include the power to assess fees as provided in Section 32-1-1001(1), C.R.S., as amended from time to time and as limited by Section V.A.19 above, and the District may impose Special Assessments as provided in Section 324-1101.7, C.R.S. and in accordance with Section V.A.20, above. The Financial Plan for the District, which is attached hereto as Exhibit D, reflects that the District will issue no more Debt than that District can reasonably expect to pay from revenues derived from the Maximum Debt Mill Levy, Fees, Special Assessments and other legally available revenues. The aggregate amount of Debt the District shall be permitted to issue for the Public Improvements, except for the Regional Improvements, but including any Debt for Public Improvements to be constructed to serve any special improvement district, shall not exceed Nineteen Million Five Hundred Thousand Dollars ($19,500,000.00) and the District may issue such Debt on a schedule and in such year or years as the District determines shall meet the needs of the Financial Plan referenced above and phased to serve development as it occurs. The Debt limit set forth in this Section VII.A., when added to the Debt limit for the Regional Improvements set forth in Section VI above, shall not exceed the Total Debt Limit. B. Maximum Voted Interest Rate and Maximum Underwriting Discount. The interest rate on any Debt is expected to be the market rate at the time the Debt is issued. In the event of a default, the proposed maximum interest rate on any Debt is not expected to exceed eighteen percent (18%). The proposed maximum underwriting discount will be four percent (4%). Debt, when issued, will comply with all relevant requirements of this Service Plan, State law and Federal law as then applicable to the issuance of public securities. All debt -related election ballot questions shall be drafted so as to limit the District's debt service mill levy to the Maximum Debt Mill Levy. Prior to any election to authorize the issuance of debt, the District shall cause a letter prepared by an attorney in the State of Colorado to be provided to the Town opining that election questions related to the Debt include the limitations in this paragraph. Failure to observe the requirements established in this paragraph shall constitute a material modification under the Service Plan and shall entitle the Town to all remedies available at law and in equity, including the remedies provided for in Section VILDA, below. 13 C. Mill Levies. 1. The Maximum Debt Mill Levy, which shall be subject to a Mill Levy Adjustment, shall be the maximum mill levy the District is permitted to impose upon the taxable property within the District for payment of Debt, and shall be 50.000 mills for so long as the total amount of aggregate Debt of the District exceeds fifty percent (50%) of the District's assessed valuation. At such time as the total amount of aggregate Debt of the District is equal to or less than fifty percent (50%) of the District's assessed valuation, either on the date of issuance of any Debt or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject to the Maximum Debt Mill Levy if End Users cast the majority of affirmative votes taken by the District's Board of Directors at the meeting authorizing such action, and, as a result, the mill levy may be such amount as is necessary to pay the debt service on such Debt, and the Board may further provide that such Debt shall remain secured by such increased mill levy, notwithstanding any subsequent change in the District's Debt to assessed value ratio. 2. The Maximum Operation and Maintenance Mill Levy, which shall be subject to a Mill Levy Adjustment, shall be the maximum mill levy the District is permitted to impose upon the taxable property within the District for payment of Operation and Maintenance Costs, and shall be 50.000 mills until such time that the District issues Debt. After the District issues Debt, the Maximum Operation and Maintenance Mill Levy shall be ten (10) mills. The Maximum Operation and Maintenance Mill Levy shall apply to the District's ability to increase its mill levy as necessary for provision of operation and maintenance services to its taxpayers and service users until such time as End Users cast the majority of affirmative votes taken by the District's Board of Directors at a meeting authorizing an increase of such Maximum Operation and Maintenance Mill Levy, at which time the mill levy may be such amount as is necessary to pay the Operation and Maintenance Cost. 3. The Maximum Aggregate Mill Levy (which shall be adjusted to reflect any Mill Levy Adjustment in the Maximum Debt Mill Levy and the Maximum Operation and Maintenance Mill Levy) shall be the maximum combined mill levy a District is permitted to impose upon the taxable property within the District for payment of all expense categories, including but not limited to Debt, capital costs, organizational costs, and Operation and Maintenance Costs, and shall be sixty (60) mills until such time as End Users cast the majority of affirmative votes taken by the District's Board of Directors at a meeting authorizing an increase of such Maximum Aggregate Mill Levy. The foregoing notwithstanding, any action taken by the District to increase the Maximum Debt Mill Levy must be taken in accordance with Section V11.C.1, above. D. Debt Parameters. 1. AlI Debt issued by the District must be issued in compliance with the requirements of Section 32-1-1101, C.R.S. and all other requirements of State law. On or before the effective date of approval of an Approved Development Plan by the Town, no District shall: (a) issue any Debt; (b) impose a mill levy for the payment of Debt by direct imposition or by 14 transfer of funds from the operating fund to the Debt service funds; (c) impose and collect any Fees used for the purpose of repayment of Debt, or (d) levy any Special Assessments. 2. No District shall pledge any revenue or property of the Tovm as security for the indebtedness set forth in this Service Plan. Approval of this Service Plan shall not be construed as a guarantee by the Town of payment of any of the District's obligations, nor shall anything in the Service Plan be construed so as to create any responsibility or liability on the part of the Town in the event of default by the District in the payment of any such obligation. 3. The District shall not issue Debt in excess of the Total Debt Limit, which Total Debt Limit includes any Debt issued for Public Improvements and Regional Improvements; provided that the foregoing shall not include the principal amount of Debt which has been refunded or which is a contractual pledge of taxes or other revenue from the District to another District. 4. Any Debt issued by the District with a pledge or which results in a pledge that exceeds the Maximum Debt Mill Levy (subject to the Mill Levy Adjustment) shall be deemed a material modification of this Service Plan pursuant to Section 32-1-207, C.R.S. and shall not be an authorized issuance of Debt unless and until such material modification has been approved by the Town as part of a Service Plan Amendment. The Town shall be entitled to all remedies available at law to enjoin such actions of the District, including the remedy of enjoining the issuance of additional authorized but unissued debt, until such material modification is remedied. E. Debt Instrument Disclosure Requirement. In the text of each Bond and any other instrument representing and constituting Debt, the District shall set forth a statement in substantially the following form: By acceptance of this instrument, the owner of this Bond agrees and consents to all of the limitations in respect of the payment of the principal of and interest on this Bond contained herein, in the resolution of the District authorizing the issuance of this Bond and in the Service Plan for creation of the District. Similar language describing the limitations in respect of the payment of the principal of and interest on Debt set forth in this Service Plan shall be included in any document used for the offering of the Debt for sale to persons, including, but not limited to, a developer of property within the boundaries of the District. F. Privately Placed Debt Limitation. Prior to the issuance of any privately placed Debt, the District shall obtain the certification of an External Financial Advisor substantially as follows: We are [I am] an External Financial Advisor within the meaning of the District's Service Plan. 15 We [I] certify that (1) the net effective interest rate (calculated as defined in Section 32-1-103(12), C.R.S.) to be borne by [insert the designation of the Debt] does not exceed a reasonable current [tax- exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. G. TABOR Compliance, The District will comply with the provisions of TABOR. In the discretion of the Board, a District may set up other qualifying entities to manage, fund, construct and operate facilities, services, and programs. To the extent allowed by law, any entity created by the District will remain under the control of that District's Board, and any such entity shall be subject to and bound by all terms, conditions, and limitations of the Service Plan and the Intergovernmental Agreement. H. District's Organizational Costs and Operation and Maintenance Costs. The District's Organizational Costs, including the estimated cost of acquiring land, engineering services, legal services and administrative services, together with the estimated costs of the District's organization and initial operations are eligible for reimbursement from Debt proceeds. In addition to the capital costs of the Public Improvements, the District will require operating funds for Operation and Maintenance Costs including administration and to plan and cause the Public Improvements to be constructed and maintained, and for ongoing administrative, accounting and legal costs. The operating budget for the District is set forth in the Financing Plan. VIII. ANNUAL REPORT A. General. The District shall be responsible for submitting an annual report to the Town Cleric within six months of the close of the fiscal year. B. Reporting of Significant Events. The annual report shall include information as to any of the following: 1. Boundary changes made or proposed to the District's boundary as of December 31 of the prior year. the prior year. 2. Copies of the District's rules and regulations, if any, as of December 31 of 16 3. A summary of any litigation which involves the Public Improvements as of December 31 of the prior year. 4. Status of the District's construction of the Public Improvements as of December 31 of the prior year. 5. A list of all facilities and improvements constructed by the District that have been dedicated to and accepted by the Town or other service provider providing service to the property in the District, as of December 31 of the prior year. 6. Notice of any uncured events of default by the District, which continue beyond a ninety (90) day period, under any Debt instrument. 7. Any inability of the District to pay its obligations as they come due, in accordance with the terms of such obligations, which continue beyond a ninety (90) day period. 8. Any alteration or revision of the proposed schedule of Debt issuance set forth in the Financial Plan. IX. DISSOLUTION Upon an independent determination of the Town Board that the purposes for which the District was created have been accomplished, the District shall dissolve upon payment or defeasance of all Debt incurred or upon a court determination that adequate provision has been made for the payment of all Debt, except that if the District has ongoing operation and maintenance functions authorized under an Intergovernmental Agreement with the Town, the District shall not be required to dissolve but shall retain only the power necessary to impose and collect taxes (subject to the Maximum Operation and Maintenance Mill Levy), Special Assessments or Fees in amounts necessary to pay for those Operation and Maintenance Costs. Additionally, if the Board of Directors of the District determines that the existence of that District is no longer necessary to accomplish the purposes set forth in this Service Plan, the Board of Directors of the District shall promptly effectuate the dissolution of that District. X. DISCLOSURE NOTICES The District shall provide annual notice to all eligible electors of the District, in accordance with Section 32-1-809, C.R.S. In addition, the District shall annually record a District public disclosure document and a map of the District boundaries with the Clerk and Recorder of each County in which District property is located, in accordance with Section 32-1- 104.8, C.R.S. XI. INTERGOVERNMENTAL AGREEMENT The form of Intergovernmental Agreement required by the Town Code, relating to the limitations imposed on the District's activities, is attached hereto as Exhibit G. The District shall approve the Intergovernmental Agreement at its first Board meeting after its organizational election, and shall upon approval deliver the executed Intergovernmental Agreement to the Town. Failure of the District to execute the Intergovernmental Agreement as required herein 17 shall constitute a material modification and shall require a Service Plan Amendment. The Intergovernmental Agreement may be amended from time to time by the District and the Town, and may include written consents and agreements of the Town as required throughout this Service Plan (e.g., amendments to address the District's imposition of Fees for services, programs or facilities furnished by the District pursuant to Section V.A.19 ("Fee Amendments")). Alternatively, such written consents of the Town may be obtained by the District without amending the Intergovernmental Agreement, and the Town and the District may execute additional written agreements concerning matters set forth in this Service Plan. In the event that the District proposes any Fee Amendment to the Town, the Town Board shall make its determination as to such Fee Amendment in writing to the District within forty-five (45) days after submittal of the Fee Amendment by the District, unless the Town and District mutually agree to a different date. If the Districts collectively fund Public Improvements, then the Districts will also enter into an intergovernmental agreement regarding the functions and services to be provided by each of the Districts, and the mechanisms to be used by the Districts for the sharing of costs of Public Improvements. Full and complete executed copies of such intergovernmental agreement and all amendments thereto, as well as all other intergovernmental agreements and amendments thereto proposed between or among the Districts regarding the subject matter of this Service Plan, shall be submitted to the Town upon execution, and all such intergovernmental agreements and amendments thereto shall comply with this Service Plan, the Intergovernmental Agreement, and the terms of the Approved Development Plan or other instrument related to the Public Improvements. No intergovernmental agreements other than the Intergovernmental Agreement and the District's intergovernmental agreements are anticipated. Except for such Intergovernmental Agreement with the Town, any intergovernmental agreement proposed regarding the subject matter of this Service Plan shall be subject to review and approval by the Town prior to its execution by the District. Such Town review and approval shall be with reference to whether the intergovernmental agreement(s) are in compliance with this Service Plan, the Intergovernmental Agreement, and the terms of the Approved Development Plan or other instrument related to the Public Improvements. XII. NON-COMPLIANCE WITH SERVICE PLAN In the event it is determined that any District has undertaken any act or omission which violates the Service Plan or constitutes a material departure from the Service Plan, the Town may pursue for such violation all remedies available at law or in equity, including without limitation affirmative injunctive relief to require the District to act in accordance with the provisions of this Service Plan. To the extent permitted by law, the District hereby waive the provisions of Section 32-1-207(3)(b), C.R.S., and agree they will not rely on such provisions as a bar to the enforcement by the Town of any provisions of this Service Plan. XIH. CONCLUSION It is submitted that this Service Plan for the District, as required by Section 32-1-203(2), C.R.S., establishes that: 18 1. There is sufficient existing and projected need for organized service in the area to be serviced by the District; 2. The existing service in the area to be served by the District is inadequate for present and projected needs; 3. The District are capable of providing economical and sufficient service to the area within its proposed boundaries; and 4. The area to be included in the District has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. 19 M:11 Vicinity Map EXHIBiT B Initial Boundary Map and Legal Description M K COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT OVERALL COMMERCIAL DISTRICT BOUNDARY MAP TOM OF FF8MW WELD COUM, STATE OF COWR= COTONWOODMMOW CONacmkCiablumpolff" DISTRICT BOUNDARY VELD COUNTY itil L4M'U: MUNLY pilD PARCEL5 PARCEL4 11.66 Acres 37.86 Acres L.NfiBM"' HCi�,011 CM 11 PARCEL2 NW tM SW 14 PARCEL, 37 SW 1/4 Acres =7 ] 5 5.66 Acres 26.373 Acres SEMON tj AC corowwOODTIOLLow RESIDWTUAL MMOPOLrFAN DWMCr BOUNDARY Ali 5U PARCEL 1 NO 114 1/4 secrtax t 64.04 Acres SON 14 - ACE LEGAL DESCRIPTION PARCEL 4 COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT A TRACT OF LAND LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 11; THENCE N89°53'17"W ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 590.38 FEET TO THE POINT OF BEGINNING; THENCE S00007'17"W A DISTANCE OF 52.53 FEET; THENCE S88001'53"E A DISTANCE OF 90.63 FEET; THENCE S15°52'31"E A DISTANCE OF 292.44 FEET; THENCE S02014'18"E A DISTANCE OF 653.09 FEET; THENCE S90000'00"W A DISTANCE OF 582.89 FEET TO A NON -TANGENT POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 01052'28" A RADIUS OF 1015.00 FEET A DISTANCE OF 37.13 FEET WHOSE CHORD BEARS S10905'13"E A CHORD DISTANCE OF 37.13 FEET; THENCE S11°01'27"E A DISTANCE OF 796.41 FEET A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 10045'40" A RADIUS OF 1015.00 FEET A DISTANCE OF 190.63 FEET; THENCE S00015'47"E A DISTANCE OF 636.73 FEET; THENCE S90000'00"W A DISTANCE OF 515.22 FEET; THENCE N00017'57"W A DISTANCE OF 2630.43 FEET; THENCE S88049'57"E A DISTANCE OF 21.13 FEET A POINT ON THE WEST LINE OF SAID EAST HALF OF THE SOUTHWEST QUARTER; THENCE N00°00'11"E ALONG SAID WEST LINE A DISTANCE OF 4.52 FEET TO THE NORTH WEST CORNER OF SAID EAST HALF; THENCE S89053117"E ALONG THE NORTH LINE OF' SAID SOUTH WEST QUARTER A DISTANCE OF '114.32 FEET TO THE POINT OF BEGINNING, CONTAINING 37.86 ACRES, MORE OR LESS. 00-038/DWG/Metro-District-Commercial/LG1,-DIST-4.TXT PREPARED: 01-15-04 REVISED: 03-09-04 dnwmwwmwh- LEGAL DESCRIPTION PARCEL 5 COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT A TRACT OF LAND LOCATED IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH WEST CORNER OF SAID EAST HALF; THENCE S00015'46"E ALONG THE WEST LINE OF SAID EAST HALF OF THE NORTHWEST QUARTER A DISTANCE OF 551.05 FEET TO THE POINT OF BEGINNING; THENCE N810OB'27"E A DISTANCE OF 64.02 FEET; THENCE N64018'44"E A DISTANCE OF 492.53 FEET TO A NON -TANGENT POINT OF CURVATURE; THENCE ALONG THE ARC 0£ A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 11°15'14" A RADIUS OF 1015.00 FEET A DISTANCE OF 199.37 FEET WHOSE CHORD BEARS S05°21'50"W A CHORD DISTANCE OF 199.04 FEET; THENCE S10°59'27"W A DISTANCE OF 225.17 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 11°25'12" A RADIUS OF 1135.00 FEET A DISTANCE OF 226.22 FEET; THENCE S00025'44"E A DISTANCE OF 314.08 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 16000'07" A RADIUS OF 1135.00 FEET A DISTANCE OF 316.99 FEET; THENCE S89056'37"W A DISTANCE OF 466.64 FEET TO A POINT ON THE WEST LINE OF SAID EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE N00°15'46"W ALONG SAID WEST LINE A DISTANCE OF 1047.84 FEET TO THE POINT OF BEGINNING, CONTAINING 11.66 ACRES, MORE OR LESS. 00-038/DWG/Metro-District-Commercial/LGL-DIST-5.TXT PREPARED: 01-15-04 REVISED: 03-09-04 EXHIBIT C Inclusion Area Boundary Map and Legal Description COTTONWOOD HOLLOW RESIDENTIAL METROPOLITAN DISTRICT LEGAL E*W WM OF FVWPM MI W COtUff VrA'ffi CF COLCMW &M£r 1 OF 3 —fv —p. M p X PARCEL I 64.04 Acres LEG= 17645 QO sOR .OW LMN COMM 741 SWRwow Cr. 'U."wr• w w5m K�gr— w RM Ift, $Lc 'c(I FARM Fjijj400mf S WW14' E 2574.04' aNcGaqw a oft R=rs 95" Kto co AD. If LOROANT, CO BMW PIOL a= low fpmmdw=. CO 605io "5 A(PUZ SE tONGLIC0011 ca sows RFC ainnfis REM 24)6446t PARca fifif4amis REr. 261913r PAAM 1313144000P.1 PARCEL IJ?Jfd*MO#2 a.of 6 Rrcawa Damilm y----------------- T1 � r,oiou 47mARr.A=r .39 n cmaga zz "r. co gas& oAR�MOUPWMV iEEC: -S.1"47 IN I IV FL II 11 yy --oo.w. 2"or m, PARCELU115FMOM COTTONWOOD HOLLOW RESIDENTIAL METROPOLITAN DISTRICT LEGAL. EXHBff TOWN OF FlfWnYM Vi" COUM, UMM OF OCIMMO 8HEEr2OF3 1 +rwev.ravrrw ��K0.t0.Q1IJ1 IN41 t I/P 4Ytl t'Y w.Y{� ii QtN' v 41 .. g iMGM - • 0 ve>m� Cpu4n OWNSM ua a *.rot Ipwl r:j scvf s tut afl CA M0 WJUM UC 773S MAIN Sr. lawom . CO mur , asC 24aJNa aware I111143o,w4 .......0l .:9 5 .......... .. ..._Jr .......... .."'Ii�J PARCEL 2 55.66 Acres e-31a9i Q-tt3sm EN169POr om-31&w am-MM177'4" L-720.12 q.11laW a.tt'2l9Y 426]Y'4D� l-HLa7 e-taisao rrnv7r 414 a rvmnte.unrrw RsvKa+.�at.mw two a yr Mw w ■ 4MI1 1 1 tll snu/ro L twr 1 �] l ae fll fil wmwwowltTolrww semutr.ws,mx '� I � �. s'�witrto �i me IU N I� MApyy i"�'� is EIIF]ry 313- 1 Na 3T]-14-TR[I400 al I �I� I N DM!r4r # COTTONWOOD HOLLOW RESIDENTIAL METROPOLITAN DISTRICT LEGAL EXHBM WO OF FFEITFUM WSM OOMY. 8iATE OF OOLOWDO iTaOF3 L.lg&IX R.IMSLW 6.10%64w ' PARCEL3 f 26.33 Acres { I Y TbIRM4RTOIA Iw.yw I�fYY MI.O 1 Vr wra u I 131.W .............................. � SbtAlil A L-.V 1] R.tpl],Op E.OI�JZ'}0' bb.lT.t]' tl18.N10OS1]'TI LEGEM m P14N9OI. Wd O CRCt MMT TOE b TOE .OE IW[ •!q1 LEGAL DESCRIPTION PARCEL 1 COTTONWOOD HOLLOW RESIDENTIAL METROPOLITAN DISTRICT A TRACT OF LAND LOCATED IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID WEST HALF; THENCE SDO*18'14"E ALONG THE EAST LINE OF SAID WEST HALF A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE SOO"IB'14"E A DISTANCE OF 2624.04 FEET TO THE SOUTHEAST CORNER OF SAID WEST HALF; THENCE S89055'12"W ALONG THE SOUTH LINE OF SAID WEST HALF A DISTANCE OF 708.81 FEET; THENCE N05054'04"W A DISTANCE OF 231.64 FEET; THENCE N30042'25"W A DISTANCE OF 310.05 FEET; THENCE N59"38'36"W A DISTANCE OF 73.63 FEET; THENCE N76*48'01"W A DISTANCE OF 123.20 FEET; THENCE N16°18'30"W A DISTANCE OF 305.07 FEET; THENCE N12048412"W A DISTANCE OF 504.03 FEET; THENCE N26°11'10"E A DISTANCE OF 228.92 FEET; THENCE N13°30112"E A DISTANCE OF 100.66 FEET; THENCE N04609'08"W A DISTANCE OF 187.09 FEET; THENCE N77°57121"W A DISTANCE OF 163.27 FEET TO A POINT ON THE CENTER SECTION LINE OF SECTION 14; THENCE N00907'17"W ALONG SAID CENTER SECTION LINE A DISTANCE OF 42.48 FEET; THENCE N34026'39"E A DISTANCE OF 345.91 FEET; THENCE N70027139"E A DISTANCE OF 183.51 FEET; THENCE N34012'35"E A DISTANCE OF B6.45 FEET; THENCE N01045'32"E A DISTANCE OF 127.93 FEET; THENCE N42034'20"W A DISTANCE OF 107.53 FEET; THENCE N50°34'57"W A DISTANCE OF 145.48 FEET; THENCE S89655'22"E A DISTANCE OF 1071.60 FEET TO THE POINT OF BEGINNING, CONTAINING 64.04 ACRES, MORE OR LESS. 00-038/DWG/Metropolitan-District/LGL-DIST-1.TXT PREPARED: 11-19-03 REVISED: 03-09-04 LEGAL DESCRIPTION PARCEL 2 COTTONWOOD HOLLOW RESIDENTIAL METROPOLITAN DISTRICT A TRACT OF LAND LOCATED IN THE EAST HALF OF THE NORTHWEST -QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 14; THENCE SO V 07'17"E ALONG THE EAST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE S00007'17"E CONTINUING ALONG SAID EAST LINE A DISTANCE OF 311.37 FEET; THENCE S57055'06"W A DISTANCE OF 15.86 FEET; THENCE S46608'59"W A DISTANCE OF 81.70 FEET; THENCE S14°17'010W A DISTANCE OF 299.30 FEET; THENCE S49°22'280E A DISTANCE OF 56.74 FEET; THENCE 903016'13"E A DISTANCE OF 33.66 FEET, THENCE S62"37'55"W A DISTANCE OF 36.80 FEET; THENCE S26039'40"W A DISTANCE OF 29.30 FEET; THENCE S05013'01"E A DISTANCE OF 184.28 FEET; THENCE S47917'38"E A DISTANCE OF 36.26 FEET; THENCE S02026'30"W A DISTANCE OF 59.58 FEET; THENCE S30054'29"W A DISTANCE OF 226.80 FEET; THENCE S03027111"W A DISTANCE OF 212.60 FEET; THENCE SO4°05'07"E A DISTANCE OF 117.01 FEET; THENCE S25008'52"E A DISTANCE OF 256.67 FEET; THENCE S04956'23"E A DISTANCE OF 488.16 FEET; THENCE S12607110"E A DISTANCE OF 150.75 FEET; THENCE S29004'16"E A DISTANCE OF 217.63 FEET TO A POINT ON THE SOUTH LINE OF NORTHEAST QUARTER OF SAID SECTION 14; THENCE S89°55'12"W ALONG SAID SOUTH LINE A DISTANCE OF 56.46 FEET TO THE CENTER QUARTER CORNER OF SECTION 14; THENCE S89056154"W ALONG SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 14 A DISTANCE OF 1303.91 FEET TO THE SOUTHWEST CORNER OF SAID EAST HALF OF THE NORTHWEST QUARTER OF SECTION 14; THENCE N00°15'46"W ALONG THE WEST LINE OF SAID EAST HALF A DISTANCE OF 1059.93 FEET; THENCE N89056'37"E A DISTANCE OF 468.64 FEET TO A NON -TANGENT POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 16000'07" A RADIUS OF 1135.00 FEET A DISTANCE OF 316.99 FEET WHOSE CHORD BEARS N08025'48"W A CHORD DISTANCE OF 315.96 FEET; THENCE N00°25'44"W A DISTANCE OF 314.08 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 11*25#12" A RADIUS OF 1135.00 FEET A DISTANCE OF 226.22 FEET; THENCE N10659'.27"E A DISTANCE OF 225.17 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 11°15'14" A RADIUS OF 1015.00 FEET A DISTANCE OF 199.37 FEET; THENCE N00015'47'W A DISTANCE OF 297.70 FEET; THENCE S90000'00"E A DISTANCE OF 802.30 FEET TO THE POINT OF BEGINNING, CONTAINING 55.66 ACRES, MORE OR LESS. 00-038/DWG/Metropolitan-District/LGL-DIST-2.TXT PREPARED: 11-19--03 REVISED: 03-09-04 LEGAL DESCRIPTION PARCEL 3 COTTONWOOD HOLLOW RESIDENTIAL METROPOLITAN DISTRICT A TRACT OF LAND LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 11; THENCE N00007'16"W ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE N90°00'00"W A DISTANCE OF 802.43 FEET; THENCE NOO°15'47"W A DISTANCE OF 636.73 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 10045'40' A RADIUS OF 1015.00 FEET A DISTANCE OF 190.63 FEET; THENCE N11901'27"W A DISTANCE OF 796.41 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01052028' A RADIUS OF 1015.00 FEET A DISTANCE OF 37.13 FEET WHOSE CHORD BEARS N10905'13"W A CHORD DISTANCE OF 37.13 FEET; THENCE S90000'00"E A DISTANCE OF 582.89 FEET; THENCE S02014'18"E A DISTANCE OF 147.11 FEET, THENCE S01035'33"E A DISTANCE OF 227.04 FEET; THENCE S67°07'59"E A DISTANCE OF 79.46 FEET; THENCE S41°30'13"E A DISTANCE OF 109.75 FEET; THENCE S28016'04"E A DISTANCE OF 142.91 FEET; THENCE S15004'29"E A DISTANCE OF 123.50 FEET; THENCE S19°15'37"E A DISTANCE OF 118.72 FEET; THENCE S01003'51"E A DISTANCE OF 131.94 FEET; THENCE S45°24'51"E A DISTANCE OF 139.51 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE S00007'16"E ALONG SAID EAST LINE A DISTANCE OF 570.36 FEET TO THE POINT OF BEGINNING, CONTAINING 26.33 ACRES, MORE OR LESS. 00-038/DWG/Metropolitan-District/LGL-DIST-3.TXT PREPARED: 11-19-03 REVISED: 03-09-04 14,14 1. 111113 Financial Plan 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2C41 2042 2043 2044 2045 213416 2047 2048 2049 2050 2051 2052 2053 COTTONWOOD HOLLOW METROPOLITAN DISTRICT (Commercial) Development Projection at 60.000 [target) Mills for Debt Service, plus fees — SERVICE PLAN Series 2023, General Obligation Bonds, Assumes Investment Grade, 130x, 30-yr. Maturity; plus Series 2023E Cash -Flaw Subs. < Platted/Developed Lots > « K [ K [ C C K K Commercial >>>>»»> > As'ed Valve Mkt Value As'ed Value District District District Total 29.00% Biennial Q 29.0014 Total DIS Mill Levy DIS MITI Levy 8.0- Taxes Development Tote) Cumulative of Market Total C-1 Reasses'mt' Cumulative of Market Assessed [50.000 Target[ Collections Collected & Water Fee Available 4arket Value l2-yr lag} sq. Ft. t>A B.D% Market Value t2-yr lag) Value [50.000 Cap] AOR% M13% Collections Revenue 0 0 0 0 0 0 0 0 0 0 1.005,000 0 0 0 0 0 0 0 0 3.689,850 0 75,000 10,456,020 0 0 50A00 C 0 776,250 776,250 1,380,200 291,450 241,500 209,12C 49,822,124 0 291,450 50000 14281 857 2.499.525 2.514,663 0 1,070,057 1C3,000 B4,761,852 3.032.246 4,102302 50.000 201,013 12,061 1.11136.050 1.279,124 0 400.258 0 3,885.711 68,647,564 14,448.416 14.848,674 50,000 727,585 43,655 0 771,240 0 0 0 69,647.664 18,700,937 18,780,937 50.000 920,266 55,216 0 975,482 0 0 0 4,118.854 72,766,417 19,907,793 19,907,793 50.000 975,482 58,529 0 1,C34,011 0 0 0 72,766.417 19,307.793 19,907,793 5a000 975,482 58,529 0 1.034,011 0 a 0 4,365.985 77.132.402 21, 102.261 21,102.261 50,000 1,034.011 62,041 0 1,096,051 0 0 0 77,132,402 21,102,281 21,102,261 60.000 1,034,011 62,041 0 1,096,051 0 0 0 4.627.944 81,750,347 22,368.397 22,368.397 60.000 1.096,051 66,763 0 1.161,815 0 0 0 81,76C,347 22,368,397 22,368,397 50.000 1,096,051 65,763 0 1.161,815 0 0 0 4.905621 86655.957 23,710.501 23.714501 50.000 1.161,815 69709 0 1,2M,523 0 0 0 86.665,967 23,710,501 23,710,501 50.000 1,161,815 69,709 0 1,231,523 0 0 0 5.199,959 91,865,925 25,133,131 25,133.131 60.000 1,231,523 73,891 0 1,3D5,415 0 0 0 91.865.925 25,133,131 25.133,131 50.000 1,231,523 73,891 0 1305,415 0 0 0 5.511.956 97,377.881 26,641,118 26.641.118 50.000 1,305,415 78,325 0 1,383,740 0 0 0 97,377,881 26,641,118 26,641,118 50.000 1,305,415 76,326 0 1,383,740 9 0 0 5,842,673 105,220,554 213,239,585 28,239.685 00.000 1,383,740 W,V24 0 1,466,764 9 0 103,220,554 26,239,585 28,239,585 5C.000 1,383,740 83,024 1,466,764 0 0 6,193233 109.413.787 29, 933,961 29,933,361 50.000 1,466,764 86,006 1,554,770 0 0 109.413.787 29,933.961 29.933.961 50.000 1,466764 88.006 1,554,770 0 0 6,564.827 115,978,614 31,729.999 31,728,998 50.000 1,554,770 93,286 1,648,055 0 0 115,978,614 31,729,999 31,729.998 60.000 1,554,770 93,286 1,648,055 0 0 6,958,717 122,937,331 33,633,798 33,633.798 50.000 1,648,056 98,883 1.746339 0 0 122,937,331 33,633,798 33,633,798 50.000 1648,056 98, 883 1.746,939 0 0 7.376,240 130.313.571 35.651.826 35.651,826 50.000 1,746,939 104,816 1,851,758 0 0 130,313,571 35,651,826 35,651,826 50.000 1,746,939 104,816 1,851,756 0 0 7,818,814 138,132,385 37,790,936 37,791],936 50.000 1,851,756 111,105 1,962,861 0 0 138,132,385 37.790,936 37,790,936 50.000 1,851,756 111,105 1.962,861 0 0 8,287,943 146,420,328 40,058,392 40,C58,392 50.000 1,962,861 117,772 2.080633 0 0 146,420,328 40,058,392 40,058,392 50.000 1,962,861 117772 2,080,633 0 0 8,785,220 155,205.548 42,461,895 42.461,895 50.000 2,080,633 124,838 2,205,471 0 0 155,205.549 42,461,895 42,461,895 50.000 2,080,633 124,838 2,2D5,471 419.500 90652.816 42.862777 2,571.767 4.341,8251 49,776.368 ['] Assumes 2% BFRe thru Issuance date lob,. D!AIDnViusnN Prep.red a7 D.ADevidson & Ca. 3062019 KCNMD Fin Plan 19 C iG LB Fin Plan+CFS DraH Foe r4scusslon purposes only_ 1 COTTONWOOD HOLLOW M17ROPOLITAN DISTRICT (Commercial) 1TA I)A iI)SON.... Development Projection at 50.000 (target) Mills for Debt Service, plus fees - SERVICE PLAN Series 2023, General Obligation Bands, Assumes Investment Grade, 130x, 30-yr. Maturity; plus Series 2023B Cash -Flow Subs. YEAR Net Available for Debt Svc Ser. Z623 512,7t1o,1106 Par INet $17 516 MMI Net Debt Service Annual surplus Surplus Release G to S1,27a,00C Cumulative surplus f1.278,000 Target Seri- Cebu Assessed Ratio Senlar Oebtl Acri Value Ratio Cov. or Net OS: 0 Target Cov. of Net DS: 6 Cap 2018 0 r/a 2019 0 r!a 2020 0 r!a 2021 776,250 n/a 2022 2,514,663 n/a 0 2C23 1,279,124 SO 1,279,124 1,279,124 86% 19% 0.0% 0.0% 2024 771,240 591,200 180,04C 181,164 1.278.000 58% 19% 130.5% 130.5% 2025 975.482 748.000 227.482 227,482 1.278.000 53% 17% 130 4% 130A% 2026 1,034,011 748.400 285,611 285,611 1,278,000 51% 17% 138.2% 138.2% 2027 1,034,011 748,400 285,611 285,611 1,278,000 57% 15% 138.2% 138.2% 2028 1,096,051 - 748,000 348,051 348,051 1,278,000 55% 15% 146.5% 146.5% 2029 1,C96,051 747,200 348851 348,851 1278.000 51% 14% 146.7% 145.7% 2030 1.161,815 746,000 415,015 415,815 1,278,000 50% 14% 155.7% 155.7% 2031 1.161,815 749,400 412,415 412.415 1,278,000 46% 12% 155.0% 155.0% 2032 1,231.523 747,200 484,323 484.323 1,278,000 44% 12% 164.8% 164.8% 2033 1.231,523 749,600 481,923 481.923 1,278,000 40% 11% 164.3% 164.3% 2C34 1,305.415 746,400 559,015 559.015 1,278,000 39% 11% 174.9% 174.9% 2035 1.305.415 747800 557,615 557.615 1,278,000 36% 10% 174 6% 174.6% 2036 1.383,740 748,600 635,140 636,140 1,278,000 34% 9% 104.8% 184.8% 2037 1,383,740 748,800 634,940 534.940 1,278,000 31% 8% 104.8% 184.8% 2038 1,466.764 748,400 718,364 710,3G4 1,278,000 29% 6. 195.0% 196.0% 2039 1,466,764 747,400 719,364 719,364 1,278,000 26% 7% 196.2% 196.2% 2040 1.554.770 745,800 808,970 8C8.970 1.278.000 25% 7% 208.5% 208.5% 2041 1.554,770 748,600 806,170 806,170 1,278,000 22% 6% 207.7% 207.7% 2042 1,548,056 746,600 902,456 902.466 1,278,000 21% 6% 221.0% 221.0% 2043 1,548,056 747,000 901,056 J01.056 1,278,000 18% 5% 220.6% 220.6% 2044 1.746.939 747,600 999.339 999,339 1.278.000 17% 5% 233.7% 233.7% 2045 1,746,939 747,400 999,539 999,539 1.278,000 14% 4% 233.7% 233.7% 2046 1,851,755 746,400 1,106,356 1,105,356 1,278,000 13% 3% 249.1% 248.1% 2047 1,851,756 749,600 1,102,156 1,t C2,156 1,278,000 10% 3% 247.0% 247.0% 2048 1,952,851 746,800 1.216.061 1.216061 1,278,000 9% 2% 262.8% 262.8% 204G 1,962,861 748,200 1,214,661 1.214,661 1.278,000 7% 2% 262.3% 262.3% 2050 2,080,533 748.600 1,332.033 1.332,033 1.278,000 5% 1% 277.9% 277.9% 2051 2,080,533 748.000 1,332,633 1,332.633 1.278,000 3% 1% 278.2% 278.2% 2052 2,205,471 746.400 1,459.071 1.459 071 1 279,000 2% 0% 295.5% 295.5% 2053 2,205,471 748,800 1.456,671 2,734,671 0 0% 0% 294.5% 294.5% 49,776,369 22,275,600 24,2C9,855 24,209,855 lwuartsts czslgbxl Prepared by D.ADavidson & Co. 3/182018 K CHMD Fin Plan 19 C IG LB Fin Plan,CFS Draft: For discussion purposes only. 2 YEAR 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 COTTONWOOD HOLLOW METROPOLITAN DISTRICT (Commercial) Development Projection at 50.000 (target) Mills For Debt Service, plus fees —SERVICE PLAN Series 2023, General Obligation Bonds, Assumes Investment Grade, 130x, 30-yr. Maturity; plus Series 2023B Cash -Flow Subs. Cash -Flow Subs. > > > 491"11. DiA'IlAVIDSD\ Surplus Total Bub Less Payments Accrued Available for Appllcabon Date Available for Bond Interest Toward Interest Less Payments Balance of Bub Bonds Less Payments Balance or Total Svrplus Surplus Cum. Surplus Sub ar Prior Year B.A. Bub on Balance Bub Bond I.I.+on Mi. (M T—d Accrued Accrued Principal Toward Bond Bub Sub. DebL Cash Flow Release Debt Service Sur lu. Issued Debt Service 7.50% Interest 7.Say Interest Interes! Issued 0 1211123 0 $19.314 $0 $19.314 $0 $19.314 $6,622,000 161,164 0 181,164 495.650 181.164 316.935 0 336.249 227,482 0 227,482 496,650 227.482 294,387 0 630,636 285,611 0 285,611 495,650 286.611 258,337 C 888.973 286,611 0 285,611 495,650 285.611 277,712 0 1,166.685 348,051 0 348,051 496,650 348.051 235.100 0 1.402.785 348,851 0 348,851 495,650 348.851 253.007 0 1.655.792 415,815 0 415,815 496,650 416,815 205,020 0 1,86C,812 412,415 0 412,415 495.650 412.415 223,795 C 2,0134,609 484,323 0 484,323 436,650 484.323 168.572 0 2,253.281 481,923 0 481,923 496.650 481.923 183.723 0 2.437,003 559.015 0 559,015 496,660 496,660 182,775 62.355 2,557,414 557,615 0 557,615 496.660 496.650 191,805 60.955 2,588,266 636.140 0 635,140 496,1550 495650 201,519 138.490 2.751,385 634.940 0 634,940 496.850 496650 206.354 138.290 2.819.449 718,364 0 71 A,364 496.550 195,660 211,450 221.714 2,809,193 719,364 0 719,364 496.550 495,650 210.589 222,714 2,797,169 808.970 D 808,970 496,650 495,650 209.788 312.320 2,694,636 806,170 0 806,170 436.550 498.650 202.098 309,520 2.587.214 902.456 0 902,456 496,650 495,650 194,041 405,805 2,375,449 901,056 0 901,056 496,650 495,550 173.159 404,4D5 2,149,202 999,339 0 999.339 496,65C 496,65C 161,190 502,689 1.807,702 999,539 C 999.539 496,65C 435,650 135,578 502,889 1.440,391 1,105,356 a 1.105.356 496,650 496.650 108,029 608,706 939.714 1, 102,156 0 1.102.156 496,650 496,650 70,479 605,506 404,887 1,216,061 0 1,216,C61 496,650 496.550 30,352 435,038 C 1,214,561 373 1,215.034 475,350 475.350 0 0 0 1,332,033 584 1,332,717 419,925 419,925 0 0 0 1,332,633 792 1,333.425 351,525 351.525 0 0 0 1,459,071 900 1.459.971 277,950 277,950 0 0 0 2,734.671 0 2,734,671 139,301) 189,300 0 0 0 24.209.855 2,749 24.212,604 14,149,614 12,635.046 4,931,418 4.931,41$ 6,622,000 COI (est): 198,660 Proceeds: 6,423.340 0 $6 622.000 0 6,622,000 0 5,622,000 0 6,622,000 0 6,622,000 0 6,622.000 0 6,622.000 0 6,622,000 0 6,622,000 0 6,622,000 0 6,622,000 0 6,622.000 0 6,622,000 ❑ 6,622.000 0 6,622,000 U 6,622.000 0 6,622,000 0 6,822.000 0 6,622,000 0 6,622.000 0 6,622.000 0 6,622,0c0 0 Q622000 0 6.622,000 0 6,622,000 284.000 6,338,000 739,000 5,599,000 912,000 4,687,000 981,000 3,706,000 1.182,000 2,524,000 2.524.000 C 6,622.000 0 181,164 227,482 285,611 285,611 348.051 348,851 415.915 412,415 484.323 481,923 559,015 557,615 635,140 634,940 718.364 719,364 808.970 806,170 902.456 901,056 999.339 999.539 1,105,356 1,102,156 1,215,658 1,214,350 1.331.925 1,332,525 1,459,950 2,713,300 24.188,464 0 0 0 0 0 0 0 C C 0 0 C C 0 0 C 0 0 0 C 0 0 0 0 0 373 311 108 100 (879) 21,371 21,391 0 ❑ 0 0 0 0 0 ❑ 0 0 0 0 0 a ❑ 0 9 0 0 0 D 0 ❑ 0 0 0 0 0 21.391 21,391 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 373 684 792 900 21 0 Prepared by D.A Davidson & Co. 311&12919 K CHMD Fin Plan 19 C IG LB Fin Plan+CFS Draft: For ftcu.so. purposes only. 3 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2C28 2C29 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 205o 2051 2052 2053 COTTONWOOD HOLLOW METROPOLITAN DISTRICT (Commercial) Operations Revenue and Expense Projection Total To1a1 S.C.T.- 7ota1 Assessed Oper'ns Callec5ons Collected Available Total 0 10,000 0 0 0 60.000 291.450 10.000 2,856 171 3,028 60.000 4, 102,302 10.000 40,203 2,412 42.615 60,000 14,848,674 10,000 145,517 6,731 154,248 60.000 18,790.937 10,000 184 053 11,043 195.096 60,000 19,907,793 10,000 195,096 11,706 206,802 60.000 19,907,793 10.000 195,095 11,706 206.002 60.000 21,102,261 10,000 206,502 12,408 219.210 60.000 21.102.251 10.000 206,802 12,408 219.210 BOOM 22,368,397 10.000 219,210 13,153 232,363 60.000 22,368,397 10.000 219,210 13,153 232,363 60.000 23,710.501 10.000 232,353 13,942 246,305 60.000 23,710,501 10.000 232,363 13,942 246.205 60.000 25.133,131 10 coo 246,305 14.778 261,083 60,000 25.133.131 10,000 246.305 14.778 261.08$ 60.000 26,641,118 10.000 261,083 15,565 276,748 60.000 26,541,110 10.000 261,083 15,665 276,748 60.000 28,239,585 10.000 276,748 15,605 293,353 60.000 28,239,585 10.000 276,748 15,605 293,353 60.000 29.933.961 Noon 293,353 17,601 310,954 60.000 29,933,961 10.000 293,353 17,601 310,954 60.000 31,729,998 10.000 310,954 18,657 329,611 60.000 31,729,938 10.000 310,954 15.657 329,511 50.000 33.633798 10.000 329,611 19.777 349,388 60.000 33,633,798 10.000 329,611 19, 777 349,388 60.000 35,661,826 10.000 349,388 20.S63 370,351 60.000 35,651,826 10.000 349,388 20,963 370,351 60.000 37.790,936 10.000 370.$51 22,221 392.572 60.000 37,790,936 10.000 370,351 22,221 392,572 60.000 40,058,392 10.000 392,572 23,554 416.127 50.000 40,068,392 10.000 392,572 23.554 416.127 60.000 42,461,695 10.000 416,127 24,966 441,094 50.000 42.461 095 10 000 416.127 24.968 441.094 60.000 8,572.556 514,353 9,086.909 ION P1A.PAVIDS0N Prepared try D.A Daidson S Co_ 3/1912019 H CHMO Fin Plan 19 C IG LB Fir Pier+CFS Draft, For discussion purposes only. 4 Product Type Base $ ('19) 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 COTTONWOOD HOLLOW METROPOLITAN DISTRICT (Commercial) Development Summary Development Projection — Buildout Plan (updated 2128119) (:nmmwr W rlwva1--t Bldg 1 Bldg 2 Bldg 3 Bldg 4 Bldg 5 Medical Office $1341sf $1341sf $1341sf $1341sf $1341sf $4091sf 75 000 150.000 75 000 16,500 75,000 28,000 75,000 150,000 75,000 75,000 28,000 16.500 MV Q Full Buildout $10,1350,000 $20,100,000 $10,050,000 $10,050,000 $3,752,000 $6,749,600 (base prices;un-infl.) notes: Platted/Dev Lots = 10% MV; one-yr poor Base MV $ inflated 2% per annum Comm'l Dev. Fees = $7.60ISF; Ccmm'l Water Fees = $2.75ISF Comm'1 Totals 75,000 241.500 103 000 419,500 $60,750,500 D.A. Davidson & Co. -h., site 311812019 K CHMD Fin Plan 19 C Dev Summ Prepared by D.A. Davidson & Co. 5 qq�. D AIDAVIDSON SOURCES AND USES OF FUNDS COTTONWOOD HOLLOW METROPOLITAN DISTRICT (COMMERCIAL) Combined Results GENERAL OBLIGATION BONDS, SERIES 2023A SUBORDINATE BONDS, SERIES 2023B [ Preliminary -- for discussion only ] Dated Date 12/01/2023 Delivery Date 12/01/2023 Sources: SERIES 2023A SERIES 2023B Total Bond Proceeds: Par Amount 12,780,000.00 6,622,000.00 19,402,000.00 12,780,000.00 6,622,000.00 19,402,000.00 Uses: SERIES 2023A SERIES 2023B Total Project Fund Deposits: Project Fund 12,516,100.00 6,423,340.00 18,939,440.00 Cost of Issuance: Other Cost of Issuance 200,000.00 200,000,00 Delivery Date Expenses: Underwriter's Discount 63,900.00 198,660.00 262,560.00 12,780,000.00 6,622,000.00 19,402,000.00 Mar 18, 2019 11:47 am Prepared by D.A, Davidson & Co Quantitative Group —PM (Cottonwood Hollow MD 14:C23ABK) 6 19"'1111. DIAIDAVIDSON SOURCES AND USES OF FUNDS COTTONWOOD HOLLOW METROPOLITAN DISTRICT (COMMERCIAL) GENERAL OBLIGATION BONDS, SERIES 2023A 50.000 (target) Mills Assumes Investment Grade, 130x, 30-Year Maturity (Full Growth ! No Future Reassessment Projections") [ Preliminary -- for discussion only ] Dated Date 12/01/2023 Delivery Date 12/0112023 Sources: Bond Proceeds Par Amount 12,780,000.00 12,780,000.00 Uses: Project Fund Deposits: Project Fund 12,516,100.00 Cost of Issuance: Other Cost of Issuance 200,000.00 Delivery Date Expenses: Underwriter's Discount 63,900.00 12,780,000.00 [**] Assumes 2% Bi-Reassesssment thru Issuance date. Mar 18, 2019 11:43 am Prepared by D.A, Davidson & Co Quantitative Group —PM (Cottonwood Hollow MD 14:KMAR1819-C231GLBK) f1IA�D,IYIDSDN BOND SUMMARY STATISTICS COTTONWOOD HOLLOW METROPOLITAN DISTRICT (COMMERCIAL) GENERAL OBLIGATION BONDS, SERIES 2023A 50.000 (target) Mills Assumes Investment Grade, 130x, 30-Year Maturity (Full Growth 1 No Future Reassessment Projections") j Preliminary -- for discussion only ] Dated Date 12/01/2023 Delivery Date 12/01/2023 First Coupon 06/01/2024 Last Maturity 12/01/2053 Arbitrage Yield 4.000000% True interest Cost (TIC) 4.040639% Net Interest Cost (NIC) 4.000000% All -In TIC 4.169816% Average Coupon 4.000000% Average Life (years) 18.575 Weighted Average Maturity (years) 18.575 Duration of Issue (years) 12.568 Par Amount 12,780,000.00 Bond Proceeds 12,780,000.00 Total Interest 9,495,600.00 Net Interest 9,559,500.00 Bond Years from Dated Date 237,390,000.00 Bond Years from Delivery Date 237,390,000.00 Total Debt Service 22,275,600.00 Maximum Annual Debt Service 749,600.00 Average Annual Debt Service 742,520.00 Underwriter's Fees (per $1000) Average Takedown Other Fee 5.000000 Total Underwriter's Discount 5.000000 Bid Price 99.500000 Average Par Average Average Maturity PV of 1 by Bond Component Value Price Coupon Life Date change Term Bond due 2053 12,780,000.00 100.000 4.000% 18.575 06/28/2042 22,237.20 12,780,000.00 18.575 22,237,20 All -in Arbitrage TIC TIC Yield Par Value 12,780,000.00 12,780,000.00 12,780,000.0C +Accrued Interest + Premium (Discount) Underwriter's Discount -63,900.00 -63,900.00 Cost of Issuance Expense -200,000.00 Other Amounts Target Value 12,716,100.00 12,516,100.00 12,780,000.00 Target Date 12/01/2023 12/01/2023 12/01/2023 Yield 4.040639% 4.169816% 4.000000% Mar 18, 2019 11:43 am Prepared by D.A, Davidson & Co Quantitative Group -PM (Cottonwood Hollow MD 14:KMAR1819-C231GLBK) 8 DjA!DAVIDSON BOND DEBT SERVICE COTTONWOOD HOLLOW METROPOLITAN DISTRICT (COMMERCIAL) GENERAL OBLIGATION BONDS, SERIES 2023A 50.000 (target) Mills Assumes Investment Grade, 130x, 30-Year Maturity (Full Growth I No Future Reassessment Projections-) [ Preliminary -- for discussion only ] Period 5nding Principal Coupon Interest Debt Service Annual Debt Service 06/01/2024 255,600 255,600 12/01/2024 80,000 4.004°/ 255,600 335.600 591.200 06/01/2025 254,000 254,000 12/01/2025 240,000 4.000% 254.000 494,000 748,000 06/01/2026 249,200 249.200 12/01/2026 250,000 4.000% 249.200 499.200 748,400 06/01/2027 244,200 244,200 12/01/2027 260,000 4.000% 244.200 504.200 748.400 06/01/2028 239.000 239,000 12/01/2028 270,000 4.000 % 239,000 509,000 748.000 06/01/2029 233,600 233,600 12/01/2029 280,000 4.000% 233.600 513,600 747,200 06/01/2030 228,000 228,000 12/01/2030 290,000 4,000% 228.000 518,000 746.000 06/01/2031 222,200 222,200 12/01/2031 305,000 4.000% 222,200 527,200 749.400 06/01/2032 216.100 216.100 12/01/2032 315,000 4,000% 216,100 531,100 747,200 06/01/2033 209.800 209.800 12/01/2033 330,000 4.000% 209.800 539,800 749,600 06/01/2034 203,200 203,200 12/01/2034 340,000 4,400% 203.200 543,200 746,400 06/01/2035 196.400 196,400 12/0112035 355,000 4.000 % 196.400 551,400 747.800 06/0112036 189,300 189,300 12/01/2036 370.000 4.000% 189,300 559,300 748,600 06101 /2037 181.900 181,900 12/01/2037 385,000 4.000% 181,900 566,900 748,800 06/01/2038 174,200 174,200 12/01/2038 400.000 4.000% 174,200 574,200 748,400 06/01/2039 166,200 166,200 12/01/2039 415.000 4.000% 166,200 581,200 747.400 06/01/2040 157,900 157,900 12/01/2040 430.000 4.000% 157,900 587,900 745.800 06/01 /2041 149,300 149,300 12/01/2041 450,000 4.000% 149,300 599,300 748,600 06/01 /2042 140,300 140,300 12/0112042 465.000 4.000% 140,300 605,300 745,600 W01 /2043 131,000 131,000 12/01/2043 485,000 4.000% 131,000 616,000 747,000 06/01/2044 121,300 121,300 1210112044 505,000 4,000% 121,300 626,300 747,600 0610112045 111,200 111,200 12101/2045 525.000 4.000% 111,200 636,200 747.400 06/01 /2046 100,700 100,700 12/01/2046 545,000 4.000% 100,700 645,700 746,400 06/0112047 89,800 89.800 12/01/2047 570,000 4,000% 89,800 659,600 749,600 06/01/2048 78,400 78,400 12/01/2048 590,000 4.000% 78,400 668.400 746,800 0610112049 66,600 66,600 12/01/2049 615,000 4,000% 66,600 681.600 748,200 06/0112050 54,300 54,300 12101/2050 640,000 4.000% 54,300 694,300 748,600 0610112051 41,500 41,500 12101/2051 665,000 4.000% 41,500 706,500 748,000 0610112052 28,200 28,200 12/0112052 690,000 4.000% 28,200 718,200 746,400 0610112053 14,400 14.400 12101/2053 720,000 4.000% 14,400 734,400 748,800 12,780,000 9.495,600 22,275,600 22,275,600 Mar 18, 2019 11743 am Prepared by D.A, Davidson & Co Quantitative Group -PM (Cottonwood Hollow MD 14:KMAR1819-C231GLBK) 9 DjA[DAV1DSON NET DEBT SERVICE COTTONWOOD HOLLOW METROPOLITAN DISTRICT (COMMERCIAL) GENERAL OBLIGATION BONDS, SERIES 2023A 50.000 (target) Mills Assumes Investment Grade, 130x, 30-Year Maturity (Full Growth 1 No Future Reassessment Projections") [ Preliminary -- for discussion only ] Period Ending Principal Interest Total Debt Service Net Debt Service 12/01/2024 80,000 511,200 591,200 591,200 12/01/2025 240,000 508,000 748,000 748,000 12/01/2026 250,000 498,400 748,400 748,400 12/01/2027 260,000 488,400 748,400 748,400 12/01/2028 270,000 478,000 748,000 748,000 12/01/2029 280,000 467,200 747,200 747,200 12/01/2030 290,000 456,000 746,000 746,000 12/01/2031 305,000 444,400 749,400 749,400 12/01/2032 315,000 432,200 747,200 747,200 12/01/2033 330,000 419,600 749,600 749,600 12/01/2034 340,000 406,400 746,400 746,400 12/01/2035 355,000 392,800 747,800 747,800 12/01/2036 370,000 378,600 748,600 748,600 12/01/2037 385,000 363,800 748,800 748,800 12/01/2038 400,000 348,400 748,400 748,400 12/01/2039 415,000 332,400 747,400 747,400 12/01/2040 430,000 315,800 745,800 745,800 12/01/2041 450,000 298,600 748,600 748,600 12/01/2042 465,000 280,600 745,600 745,600 12/01/2043 485,000 262,000 747,000 747,000 12/01/2044 505,000 242,600 747,600 747,600 12/0112045 525,000 222,400 747,400 747,400 12/01/2046 545,000 201,400 746,401) 746,400 12/0112047 570,000 179,600 749,600 749,600 12/0112048 590,000 156,800 746,800 746,800 12/01/2049 615,000 133,200 748,200 748,200 12/01/2050 640,000 103,600 748,600 748,600 12/01/2051 665,000 83,000 748,000 748,000 12/01/2052 690,000 56,400 746,400 746,400 12/01/2053 720,000 28,800 748.800 748,800 12,780,000 9,495,600 22,275,600 22,275,600 Mar 18, 2019 11:43 am Prepared by ❑.A, Davidson & Co Quantitative Group -PM (Cottonwood Hollow MID 14:KMAR1819-C231GLBK) 10 D'A;DAV[DSON BOND SOLUTION Period Ending COTTONWOOD HOLLOW METROPOLITAN DISTRICT (COMMERCIAL) GENERAL OBLIGATION BONDS, SERIES 2023A 50.000 (target) Mills Assumes Investment Grade, 130x, 30-Year Maturity (Full Growth ! No Future Reassessment Projections-) [ Preliminary -- for discussion only ] Proposed Proposed Total Adj Revenue Unused Principal Debt Service Debt Service Constraints Revenues Debt Sery Coverage 12/01/2024 80,000 591,200 591,200 771,240 180,040 130.45334% 12/01/2025 240,000 748,000 748,000 975,482 227,482 130.41202% 12/01/2026 250,000 748,400 748,400 975,482 227,082 130.34231% 12/01/2027 260,000 748,400 748,400 975,482 227,082 130.34231% 12/01/2028 270,000 748,000 748,000 975,482 227,482 130.41202% 12/01/2029 280,000 747,200 747,200 975,482 228,282 130.55164% 12/01/2030 290,000 746,000 746,000 975,482 229,482 130.76165% 12/01/2031 305,000 749.400 749,400 975,482 226,082 130.16839% 12/01/2032 315,000 747,200 747,200 975,482 228,282 130.55164% 12/01/2033 330,000 749,600 749.600 975.482 225,882 130.13366% 12/01/2034 340,000 746,400 746,400 975,482 229,082 130.69157% 12/01/2035 355,000 747,800 747,800 975,482 227,682 130.44689% 12/01/2036 370,000 748,600 748,600 975,482 226,882 130.30749% 12/01/2037 385,000 748,800 748,800 975,482 226,682 130.27269% 12/01/2038 400,000 748,400 748,400 975,482 227,082 130.34231 % 12/01/2039 415,000 747,400 747,400 975,482 228,082 130,51671% 12/01/2040 430,000 745,800 745,800 975,482 229,682 130.79671% 12/01/2041 450,000 748,600 748,600 975,482 226,882 130.30749% 12/01/2042 465,000 745,600 745,600 975,482 229,882 130.83190% 12/01/2043 485,000 747,000 747,000 975,482 228,482 130.58660% 12/01/2044 505,000 747,600 747,600 975,482 227,882 130,48179% 12/0112045 525,000 747,400 747,400 975,482 228,082 130.51671 % 12/0112046 545,000 746,400 746,400 975,482 229,082 130.69157% 12/0112047 570,000 749,600 749,600 975,482 225,882 130.13366% 12/01/2048 590,000 746,800 746,800 975,482 228,682 130.62157% 12/0112049 615,000 748,200 748,200 975,482 227,282 130.37716% 12/01/2050 640,000 748,600 748,600 975,482 226,882 130.30749% 12/01/2051 665,000 748,000 748,000 975,482 227,482 130.41202% 12/01/2052 690,000 746,400 746,400 975,482 229,082 130.69157% 12/01/2053 720,000 748,800 748,800 975,482 226,682 130.27269% 12,780,000 22,275,600 22,275,600 29,060,215 6,784,615 Mar 18, 2019 11:43 am prepared by D.A, Davidson & Co Quantitative Group --PM (Cottonwood Hollow MD 14:KMAR1819-C231GLBK) 11 9,11111. D;AJDAVIDs0N SOURCES AND USES OF FUNDS COTTONWOOD HOLLOW METROPOLITAN DISTRICT (COMMERCIAL) SUBORDINATE BONDS, SERIES 2023B Non -Rated, Cash -Flow Bonds, Annual Pay, 12115/2053 (Stated) Maturity (Full Growth + 6.00% Bi-Reassessment Projections*") [ Preliminary -- for discussion only ] Dated Date 12/01/2023 Delivery Date 12/0112023 Sources: Bond Proceeds: Par Amount 6,622,000.00 6,622,000.00 Uses: Project Fund Deposits: Project Fund 6,423,340.00 Delivery Date Expenses: Underwriter's Discount 198,660.00 6,622,000.00 [**j Assumes 2% Bi-Reassesssment thru Issuance date. Mar 18, 2019 11:45 am Prepared by D.A, Davidson & Co Quantitative Group --PM (Cottonwood Hollow MD 14:KMAR1819-C238CFK) 12 %h. DjA�DAV1DSON BOND PRICING COTTONWOOD HOLLOW METROPOLITAN DISTRICT (COMMERCIAL) SUBORDINATE BONDS, SERIES 2023E Non -Rated, Cash -Flow Bonds, Annual Pay, 12/15/2053 (Stated) Maturity (Full Growth + 6.00% Bi-Reassessment Projections') [ Preliminary -- for discussion only ] Maturity Bond Component Date Amount Rate Yield Price Term Bond due 2053: 12/15/2053 6,622,000 7.500% 7.500% 100.000 6,622,000 Dated Date 1210112023 Delivery Date 12/01/2023 First Coupon 1211512023 Par Amount 6,622,000.00 Original Issue Discount Production 6,622,000.00 100.000000% Underwriter's Discount -198,660.00-3.000000% Purchase Price 6,423,340.00 97.000000% Accrued Interest Net Proceeds 6,423,340.00 Mar 18, 2019 11:45 am Prepared by D.A, Davidson & Cc Quantitative Group —PM (Cottonwood Hollow MD 14:KMAR1819-C23BCFK) 13 EMT E List. of Public Improvements Cottonwood Hollow Metropolitan District Construction Cost Estimate Commercial Totals Sable Avenue $ 972,161.03 Arbor St. $ 3,362,488.65 On Site Inftrastructure $ 5,072,056.70 North Community Pond Construction $ 222,485.76 Irrigation Ditch $ 150,845.64 Open Space Construction $ 1,096,701.85 LOMAR $ 762,860.32 Off Site District Budget Total $ 11,629,599.97 Contingency (15%) $ 1,744,439.99 Total $ 13,374,039.96 March 28, 2018 Job No.:14-015 Cottonwood Hollow Metropolitan District Construction Cost Estimate - Residential Arbor St. Construction Arbor SL construction budget is base upon the ultimate section as shown in the Preliminary Development Plan drawings dated 4/9/03. The cost also includes addition work to build the ultimate section from the interim section also shown on the preliminary development plans. Cost is based on street construction south of Sable Ave and the segment Included in Parcel 3. Arbor St. 2800 If 120' R.O.W Pavement width 44'; depth 101nch Subgrade Preparation width -" Landscape width 30' Strip on bath sides Concrete sidewalk width 8 LF on both sides March 28, 2018 Job No.:14-015 Construction Costs Item Quantity Unit Unit Price Total Subgrade Prep 22547 SY $ 3.00 $ 67,641,00 Sidewalk V (includes prep) 9224 LF - $ 19.67 $ 181,389.96 Handicap Ramps 15 EA $ 3.100.00 $ 46,500.00 Asphalt Paving 10" Section 22547 SY $ 38.18 $ 860,867.01 Stripe 18500 LF $ 2.10 $ 38,850.00 Subtotal $ 1,195,247.97 Cost per foot $ 426.87 Addition work for interim section Asphalt Repair 22547 SY $ 2.50 $ 66.423.87 Cut I Fill barrow ditches r3i process 6149 CY $ 3.93 $ 24,180.94 Seed 308360 SF $ 0.14 $ 44.096.48 Stripe 2965 LF $ 201.00 $ 595,985.00 I.. _ Subtotal $ 720,665.29 Firestone Potable Water System Construction Cost Item Quantity unit Unit Price Total 12" PVC With All Fittings 5906 LF $ 84.00 $ 496,104.00 Firestone south loup 5885 LF $ 84.00 $ 494,340.00 Subtotal $ 990,444.00 Arbot Street Total $ 2,906,367.26 30% Residential $ 871,907.18 70% Commerclal $ 2,034,450.08 LOMAR Cottonwood Hollow Metropolitan District Construction Cost Estimate - Residential Godding Flood Control Item Godding Hollow Grading Cut Please ! East of Godding Center next to Godding North Center Stork Pile South Waater Stroage Move Stock Pile North of Sable Seeding March 28, 2018 Quantity Quantity 40% Cut Fill Net CIF Unit Unit Price Public Private Total 66766 66756 CY $ 3.05 $ 81,455 $ 122,182 $ 203.636 47171 50758 -3587 CY $ IA7 $ 2,112 $ 3,168 $ 5.280 40638 140123 -99485 CY $ 3.05 $ 121.372 $ 182,058 $ 303,429 525 71403 -70878 CY $ 3.05 $ 86,471 $ 129,707 $ 216,178 32047 54043 -21996 CY $ 3.05 $ 26,835 $ 40,253 $ 67,088 25401 714 24687 CY $ 3.05 $ 30,118 $ 45,177 $ 75,295 40000 40000 CY $ 3.05 $ 48,800 $ 73,200 $ 122,000 39500 9192 30308 $ 3.05 $ 36,976 $ 55,464 $ 92,439 34800 SF $ 0.13 $ 1,782 $ 2.673 $ 4.454 LOMAR TOTALS Total $ 435,920 $ 663,880 $ 1,089,800 Net Dirt Import -34185 Cubic Yarda 70% Commercial $ 762,860 30% Residential $ 326,940 Cottonwood Hollow Metropolitan District March 28, 2018 Construction Cost Estimate - Residential Job No.:14-015 Sable Ave Construction ` Sable Ave construction budget is base upon the Interim section as shown in the Preliminary Development Plan drawings dated 419/03. The cost also includes additional work to maintain the section prior to the ulitmate section being completed by Firestone. The budget only includes work from the frontage road east to the existing Culvert in Godding Hollow ditch. Sable Ave 3970 If From Frontage Rd. East to godding hollow ditch / culvert I R.O.W Pavement width 32 LF (2 lanes @ 12 LF plus shoulders 4 LF each direction); depth 10 Inch Subgrade Preparation width 32' NO Curb & Gutter Landscape width 12 LF Strip on both sides Concrete sidewalk width 8 LF on both sides Construction Costs Item Quantity Unit Unit Price Total Subgrade Prep 14115 SY $ 3.00 $ 42,345.00 Cut Barrow Ditches 3500 LF $ 3.93 $ 13,763.75 Sidewalk V (includes prep) 7940 LF $ 24.45 S 194,156.82 Handicap Ramps 5 EA $ 3,100.00 $ 15,500.00 Asphalt Paving 10" Section 2000 SY $ 38.18 $ 76.362.00 Landscape 95280 SF $ 1.43 $ 136.250.40 Stripe 2000 LS $ 2.10 $ 4,200.00 Interim Section Maintenance 14116 SY $ 7.15 $ 100,929.40 Cost per foot= $ 218.38 Storm Sewer Construction Costs Item Quantity Unit Unit Price Total 24" RCP 912 LF $ 98.00 $ 89,376.00 5' MH 3 EA $ 5,561.00 $ 16,683.00 Type C inlet 3 EA $ 3,800.00 $ 11,400.00 24" FES - RCP 1 EA $ 1,051.65 $ 1,051.66 6.5'x16' Box Culvert 1 LF $ 305,479.46 $ 305,479.46 Wingwall 4 EA $ 4,290.00 $ 17,160.00 Storm Sable Ave Subtotal- $ 441,150.11 Water System Construction Cost Item Quantity Unit Unit Price Total 12" PVC With All Fittings 2817 LF $ 62.00 $ 174,654.00 8" Water lane 2405 LF $ 58.00 $ 139,490,00 Master Meter 1 EA $ 50,000,00 $ 50.000.00 Water in Sable Ave Subtotal= $ 364,144.00 Sable Ave Public Improvements Total= $ 1,388,801.48 COMMERCIAL PORTION 70% $ 972,161.03 RESITENTIAL PORTION 30% $ 416.640.44 Cottonwood Hollow Metropolitan District 28-Mar-18 Construction Cost Estimate - Residential Godding Irrigation Ditch Irrigation Ditch 1793 LF Item Quantity Unit Unit Price Total Ditch Grading 4468 CY $ 2.00 $ 8,944.94 Bentomat Liner 71658 SF $ 1.64 $ 117,841.58 60" CMP 450 LF $ 307.45 $ 138,352.60 W FES 8 EA $ 3,038.75 $ 24,310.00 IS Maintenance Path 26895 SF $ 3.07 $ 82,688.68 Seeding 34800 SF $ 0,14 $ 4,976.40 Total $ 377,114.04 400A Commercial $ 150,845.64 60% Residential $ 226,268.46 Cottonwood Hollow Metropolitan District 3/28/2018 Construction Cost Estimate - Residential 1.15 Open Space Tract Area (ac) 10 0.1 11 0.56 12 0.11 14 0.33 15 0.42 16 0.14 23 0.93 24 0.49 26 0.86 27 1.6 29 4.85 Total 10.39 ac or 452588 sf Landscape Area Cost Estimate Item Quantity Unit Unit Price Total Landscape area 452568 sf $ 3.29 $ 1,488,563.25 10' Godding Hollow Trail 5988 LF Grading 1108 CY $ 1.81 $ 2,004.32 Subgrade Prep 5988 LF $ 3.70 $ 22.156.35 19 Concrete Trail 5988 LF $ 52.62 $ 315.112.51 Total $ 1,827,836.42 60% Commercial $ 1,096,701.85 40% Residential $ 731,134.57 Cottonwood Hollow Metropolitan District Construction Cost Estimate - Commercial North Community Ponds Item Quantity Unit Unit Price Total Excavation 43000 CY $ 2.00 $ 86,086.00 PVC liner 82943 SF $ 1.64 $ 136,399.76 Total North Community Pond Construction $ 222,485.T6 March 28, 2018 Job No.:14-015 Cottonwood Hollow Metropolitan District Construction Cost Estimate - Commercial On Site Infastructure Construction Commercial District Area = 46.65 ac Area Excluded = 1039 of 120 ROW Item Quantity Unit Unit Pric(Total Infrastructure cost 2032074 SF $ 1.95 $ 5,072,056.70 Total $ 5,072,056.70 March 28, 2018 Job No.:14-015 ESTIMATED COST OF WATER INFRASTRUCTURE AND ACQUISITION Phase Number of Units 882 Years Related to Water Explanation of Cost Notes Development Task 1 2 3 4 5 6 7 8 Development Lost o m per monitoring well tar Drill monitoring wells to determine groundwater monitoring wells plus water quality sampling and Monitoring wells have been drilled and water quality availability $10,800 analysis, testing is underway. Purchase and use Windy Gap Project Water to Cost of purchasing 131 AF of Windy Gap units tor Assumes 86 singe lamily units an 338 apartments commence development $5,450,654 $41,672 per unit will be platted within the first 3 years Assumes an additional a of the development will Secure and use annual lease of C-BT units $450,000 300 C-BT units for $300/unit/year for 5 years be platted within 5 years Los or acre- ee o s orage in nearby grave pit to firm up existing water rights. This cost is not necessary in Firestone's augmetnation plan because they already have storage in Carbon Valley Total amount of storage needed is To Be Acquire storage in gravel pit to store ditch water rights $700,000 Gravel Pit. Determined based on final CU analysis. Change ditch water rights through Water Court and get Cost for attorneys and engineers to change water This cost is highly variable depending on the number decreed augmentation plan $250,000 rights through water court of opposers in the case. Work with Town of Firestone on water treatment plant Could include engineering fees associated with This amount does not include the cost to build the design and alluvial well augmentation plan $600,000 coordination with Firestone water treatment facility. Drill alluvial wells and operate under SWSP until water Wells need to be able to deliver 432 AF Into t e rights are changed $500,000 Cost of $250,000 per alluvial well to drill 2 wells potable water system. The cost is a high end estimate to build a stand- The WTP cost assumes reverse osmosis (RO) is not alone, individual plant, but could include needed. if water quality requires RO. WTP costs will Construct water treatment facility $2,500,000 participation in a larger Firestone or regional WTP. double. IS IS a high end estimate aniJ includes pipes an Construct tanks and other distribution infrastructure $2,000,000 pumps to the existing distribution system, 501 water VeVeMprri LOM $12,461,454 ee per ap Curren y pu is a in own o Town Capital Investment and Repair Fee $1,764,000 Firestone's Municipal Codes o a s a er eve opmen own rea en Plant, etc.) 514,225,454 coal Cbm ono Per R a55 $16,1Z8.63 Additional Notes Costs do not include any potable water distribution or sanitary sewer construction costs. Costs also do not include inlet and outlet structures for a gravel pit or augmentation station infrastructure or measuring and recording devices Total Costs (Water Development, Town CIP, Treatment Plant, etc.) $14,225,454 Estimated inflation due to delayed project start $1,138,036 15% Contingency $2,304,524 Financing cost $706,721 TDTAL ESTIMATED COST $18,374,735 0 PA RA G ON ENGINEERING CONSULTANTS, INC. March 11, 2019 Town of Firestone 8308 Colorado Blvd Suite 200 Firestone, CO 80520 RE: Cottonwood Hollow Residential Metropolitan District and Cottonwood Hollow Commercial Metropolitan District To Whom It May Concern: Paragon Engineering Consultants reviewed the Construction Estimates for the Cottonwood Hollow Residential Metropolitan District and Cottonwood Hollow Commercial Metropolitan District. The Construction Estimates are based on the following information and assumptions: 1 _ Pricing was prepared by Contour Services for an 86 lot single family development based on Construction plans for Cottonwood Hollow Filing 1 dated June 26, 2017. Unit prices were based on bid costs received by Contour Services. 2. Using industry standards; unit prices were then prorated from the Single Family cost to determine costs for Townhome/condos, Apartments, and Duplexes. Based on these assumptions, we believe that the Construction Estimate contained within the Service Plan for Cottonwood Hollow Residential Metropolitan District and Cottonwood Hollow Commercial Metropolitan District is reasonable for the public improvements portion of this project. For and on Behalf of Paragon Engineering Consultants Todd Cartwright, PE Project Manager 7W Souih 1;luti Street, Suite 101 / Littleton, CO 80120 / (303) 794-8604 / FAX (303) 795-3072 IW.21I:)Vlj Indemnification Letters April 22, 2004 Town of Firestone Post Office Box 100 Firestone, Colorado 80520 RE: Cottonwood Hollow Commercial Metropolitan District Ladies and Gentlemen: This Indemnity Letter (the "Indemnity Letter') is delivered by the undersigned Del Camino East ' Properties, . L.L.C:, a Colorado limited liability company ("Del Camino East Properties") in order to induce the Town of Firestone (the "Town") to approve the Service Plan, including all amendments heretofore or hereafter made thereto (the "Service Plan') for the Cottonwood Hollow Commercial Metropolitan District (the `District'). In consideration of the Town's approval of the Service Plan, Del Camino East Properties, for and on behalf of itself and its transferees, successors and assigns, represents, warrants, covenants and agrees to and for the benefit of the Town as follows: 1. Del Camino East Properties hereby waives and releases any present or future claims it might have against the Town or the Town's elected or appointed officers, employees, agents or contractors in any manner related to or connected with the, Service Plan or any action or omission with respect thereto. • Del Camino East Properties further hereby agrees to indemnify and hold harmless the Town and the Town's elected and appointed officers, employees, agents and contractors, from and against any and all liabilities resulting from any and all claims, demands, suits, actions or other proceedings of whatsoever kind or nature made or brought by any third party, including attorneys' fees and expenses and court costs, which directly or indirectly or purportedly arise out of or are in any manner related to or connected with any of the following: (a) the Service Plan or any document or instrument contained or referred to therein; or (b) the formation of the District or any actions or omissions of Del Camino East Properties, the District, the Town or any other person or entity in connection with the District, including, without limitation,' any bonds or other financial obligations of the District or any offering documents or other disclosures made in connection therewith. Del Camino East Properties further agrees to investigate, handle, respond to and to provide defense for and defend against, or at the Town's option to pay the attorneys' fees and expenses for counsel of the Town's choice for any such liabilities, claims, demands, suits, actions or other proceedings. It is understood and agreed that the Town does not waive or intend to waive the monetary limits (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, §§ 24-10-101, et seq.,. C.R.S., as from time to time amended, or otherwise available to the Town, its officers or its employees. 2. Del Camino East Properties hereby consents to the Town Disclaimer Statement contained in Exhibit M. to the Service Plan, acknowledges the Town's right to modify the Town Disclaimer Statement, and waives and releases the Town from any claims Del Camino East Properties might have based on or relating to the use of or any statements made or to be made in such Town Disclaimer Statement (including any modifications thereto). 3. It is understood and agreed, and Del Camino East Properties hereby expressly acknowledges, that the Town, in acting to approve the Service Plan, has relied upon the provisions of this Indemnity Letter. 4. This indemnity Letter has been duly authorized and executed on behalf of Del Camino East Properties. Very truly yours, DEL CAMINO EAST PROPERTIES L.L.C., a Colorado limited liability company Miles Grant, Manager Cottonwood Hollow Commadsk9avice Plan ILGIl23 0739.0003 January 13, 2005 Town of Firestone Post Office Box 100 Firestone, Colorado 80520 RE: Cottonwood Hollow Commercial Metropolitan District Ladies and Gentlemen: This Indemnity Letter (the "Indemnity Letter') is delivered by the Cottonwood Hollow Commercial Metropolitan District (the "District") in order to comply with the Service Plan, including all amendments heretofore or hereafter made thereto (the "Service Plan') for the District. in consideration of the Town's approval of the Service Plan, the District, for and on behalf of itself and its transferees, successors and assigns, represents, wan -ants, covenants and agrees to and for the benefit of the Town as follows: I . The District hereby waives and releases any present or future claims it might have against the Town or the Town's elected or appointed officers, employees, agents or contractors in any manner related to or connected with the Service Plan or any action or omission with respect thereto. To the fidlest extent permitted by law, the District hereby agrees to indemnify and hold harmless the Town and the Town's elected and appointe4 oibicers, employees, agents and contractors, from and against any and all liabilities resulting from any and all claims, demands, suits, actions or other proceedings of whatsoever kind or nature made or brought by any third party, including attorneys' fees and expenses and court cost% which directly or indirectly or purportedly arise out of or are in any manner related to or connected with any of the following: (a) the Service Plan or any document or instrument contained or referred to therein; or (b) the formation of the District or any actions or omissions of the District, the Town, Del Camino East Properties, L.L.C., a Colorado limited liability company ("Del Camino East Properties'), or any other person or entity in connection with the District, including, without limitation, any bonds or other financial obligations of the District or any offering documents or other disclosures made in connection therewith. The District further agrees to investigate, handle, respond to and to provide defense for and defend against, or at the Town's option to pay the attorneys' fees and expenses for counsel of the Town's choice for, any such liabilities, claims, demands, suits, actions or other proceedings. It is understood and agreed that neither the District nor the Town waives or intends to waive the monetary limits (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, §§ 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to the Town, the District, its officers, or its employees. 2. The District hereby consents to the Town Disclaimer Statement contained in Exhibit M to the Service Plan, agrees that the District will include such Town Disclaimer Statement or any modified or substitute Town Disclaimer Statement hereafter furnished by the Town to the District in all offering materials used in connection with any bonds or other financial obligations of the District (or, if no offering materials are used, the Town Disclaimer Statement will be given by the District to any prospective purchaser of any bonds or other financial obligations of the District); and waives and releases the Town from any claims the District might have based on or relating to the use of or any statements made or to be made in such Town Disclaimer Statement (including any modifications thereto). 3. It is understood and agreed, and the District hereby expressly acknowledges, that the Town, in acting to approve the Service Plan, has relied upon the provisions of this Indemnity Letter. 4. This Indemnity Letter has been duly authorized and executed on behalf of the District. Verytruly yours, COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT Preside Cottonwood Ho9ow Coffvn=iaYSavlea Plan JL01706 0739DO03 EXHIBIT G Intergovernmental Agreement RESOLUTION NO.19-30 A RESOLUTION EXTENDING THE RECORDING PERIOD FOR ADVANCED FORMING TECHNOLOGY FILING NO.2 FINAL PLAT WHEREAS, on September 26, 2018, the Board of Trustees for the Town of Firestone adopted Resolution 18-38 approving with conditions a Final Plat for Advanced Forming Technology Filing No. 2; and WHEREAS, Section 10.30 of the Firestone Development Regulations provides that, subsequent to any Town Board approval, the applicant shall submit the final documents for recording by the Town Clerk and if the final documents are not recorded within 120 days of the date of Town Board approval, approval of the documents shall lapse and the applicant shall be required to submit a new application to be processed pursuant to the same procedures and requirements specified for the initial application; and WHEREAS, currently, final documents relating to the above -referenced final plat are required to be recorded by January 24, 2019; and WHEREAS, the applicant has submitted to the Senior Planner a second request to extend the recording deadline in order to allow them to prepare and finalize the documents necessary for completion and recordation; and WHEREAS, the Board of Trustees further finds the requirement set forth in Section 10.30 of the Development Regulations is administrative in nature and exists for the benefit of the Town, in order to ensure timely perfection of Town approvals, and that if the Board finds it to be in the best interest of the Town to extend such deadline it may do so; and WHEREAS, the Town Board concludes it is in the best interest of the Town to extend the time period for recording final documents for the Advanced Forming Technology Filing No. 2 application. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby extends until July 23, 2019 the recording deadline for the final documents for the Advanced Forming Technology Filing No. 2 application. INTRODUCED, READ OPTED this 10`i' day of April, 2019. 10\0 NO ATTEST: O cQUNT`� G "Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO M"Mgel �02A!N RESOLUTION NO.19-29 A RESOLUTION EXTENDING THE RECORDING PERIOD FOR THE AMERICAN FURNITURE WAREHOUSE 81 TRUCK SHOP FINAL DEVELOPMENT PLAN WHEREAS, on October 10, 2018, the Board of Trustees for the Town of Firestone adopted Resolution No. 18-41 approving with conditions a Final Development Plan for American Furniture Warehouse 81 Truck Shop; and WHEREAS, Section 10.30 of the Firestone Development Regulations provides that, subsequent to any Town Board approval, the applicant shall submit the final documents for recording by the Town Clerk and if the final documents are not recorded within 120 days of the date of Town Board approval, approval of the documents shall lapse and the applicant shall be required to submit a new application to be processed pursuant to the same procedures and requirements specified for the initial application; and WHEREAS, currently, final documents relating to the above -referenced final development plan are required to be recorded by February 7, 2019; and WHEREAS, the applicant has submitted to the Senior Planner a request to extend the recording deadline in order to allow them to prepare and finalize the documents necessary for completion and recordation; and WHEREAS, the Board of Trustees further finds the requirement set forth in Section 10.30 of the Development Regulations is administrative in nature and exists for the benefit of the Town, in order to ensure timely perfection of Town approvals, and that if the Board finds it to be in the best interest of the Town to extend such deadline it may do so; and WHEREAS, the Town Board concludes it is in the best interest of the Town to extend the time period for recording final documents for the American Furniture Warehouse 81 Truck Shop application. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby extends until June 7, 2019 the recording deadline for the final documents for the American Furniture Warehouse 81 Truck Shop application. INTRODUCED, READ AND ADOPTED this 10" day of April, 2019. TOWN OF FIRESTONE, COLORADO ATTEST: Leah Vanarsdall, Town Clerk RESOLUTION NO. 19-28 A RESOLUTION APPROVING PURCHASING OF SAFETY EQUIPMENT FOR THE COMMUNITY RESOURCES AND PUBLIC WORKS DEPARTMENTS WHEREAS, pursuant to § 31-15-302, C.R.S., the financial powers of the Town of Firestone (the "Town") include the power to control the finances and property of the Town and appropriate money for municipal purposes; and WHEREAS, the Board of Trustees desires to purchase equipment for the Community Resources Department ("CRD") and Public Works Department ("PWD") for the purpose of providing services for the Town related to Parks, Irrigation, Streets, Water and Stormwater; and WHEREAS, CRD and PWD will purchase the equipment identified below for an amount not to exceed $26,000.00; and WHEREAS, the Town will pay the following amounts for the identified item: • Ventilation blowers and ducting qty. 2 for $4,000.00 • Tripod for vertical entry qty. 2 for $4,600.00 • Falltech full body harness, helmet, slings, and fasteners qty. 6 for $6,000.00 • Draeger gas detectors, probes, tubing, calibration testing kit qty. 3 for $11,000.00 WHEREAS, the Board of Trustees finds that the purchase of the equipment as described herein is in the best interest of the Town and its citizens, and the Board of Trustees desires to authorize the purchases. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed purchase of equipment for CRD and PWD as stated in this Resolution. INTRODUCED, READ AND ADOPTED this 10th day of April, 2019. ATTEST: �`�tES TpN� TOWN 5 AL 10 �06NTY, GO O /"/� / r!lv om Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO RESOLUTION 19-27 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING THE AMENDED AND RESTATED SERVICE PLAN FOR THE COTTONWOOD HOLLOW RESIDENTIAL METROPOLITAN DISTRICT WHEREAS, in 2004, the Board of Trustees of the Town of Firestone received a request to review a service plan for a proposed Metropolitan District entitled the Cottonwood Hollow Residential Metropolitan District (the "District") to include residential property near I-25 and Sable Avenue; and WHEREAS, on October 14, 2004, pursuant to statute, the Board of Trustees conducted a public hearing to review the service plan ("Original Service Plan") for the Cottonwood Hollow Residential Metropolitan District and approved said Original Service Plan; and WHEREAS, after approval of the service plan, the District was organized pursuant to a court order and decree on December 2, 2004; and WHEREAS, the Board of Trustees has now received a request to review and approve an Amended and Restated Service Plan for the Cottonwood Hollow Residential Metropolitan District; and WHEREAS, following notice as required by law, the Board of Trustees conducted a public hearing on the request on April 11, 2019, and now wishes to approve the Amended and Restated Service Plan. THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone finds that: (a) An Amended and Restated Service Plan for the Cottonwood Hollow Residential Metropolitan District was filed in the office of the Planning and Development Department of the Town of Firestone; and (b) Pursuant to statute, the Board of Trustees of the Town of Firestone has authority to review the Amended and Restated Service Plan with reference to need, service and economic feasibility; and (c) The Board of Trustees of the Town of Firestone has reviewed the Amended and Restated Service Plan, the evidence and related exhibits, and has determined that the same meets the municipal approval criteria under the Special District Act and, therefore, has determined to adopt a resolution of approval of the Amended and Restated Service Plan for the proposed Cottonwood Hollow Residential Metropolitan District. (00130527.DOC v:l ) Section 2. Upon consideration of the Amended and Restated Service Plan for the District, and evidence presented at the public hearing on the Amended and Restated Service Plan, the Board of Trustees of the Town of Firestone does find, determine and declare, as required by Section 32-1-203(2), C.R.S., as follows: (a) That there is sufficient existing and projected need for organized service in the area to be serviced by the District; (b) That the existing service in the area to be served by the District is inadequate for present and projected needs; (c) That the District is capable of providing economical and sufficient service to the area within its proposed boundaries; and (d) That the area to be included in the District has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. Section 3. That pursuant to Section 32-1-204.5(1)(c), C.R.S., the Board of Trustees hereby imposes the following conditions upon its approval of the Service Plan: (a) The District shall not be authorized to issue Debt until the District has reimbursed the Town for all the char es and fees it has incurred with its attorneys and consultant relating to their review of this Service Plan and in connection with the modification of the Service plan approved herein; and (b) (c) If any of the above -stated conditions (a) through (c) are not met, the Town may revoke its approval of the Amended and Restated Service Plan by subsequent resolution and pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 4. Upon consideration of the Amended and Restated Service Plan, and all evidence presented at the public hearing on the Amended and Restated Service Plan, the Amended and Restated Service Plan for the Cottonwood Hollow Residential Metropolitan District, as set forth in Exhibit A to this Resolution, is hereby approved, subject to the conditions stated in Section 4 above, in accordance with Section 32-1-204.5(1)(c), C.R.S. INTRODUCED, READOPTED this 1 Oth day of April, 2019. 0 0 0 4O TOWN OF FIRESTONE, COLORADO J�'_ a6�_& - bi SincVar, Mayor {oo130527.Doc v:r } 2 ATTEST,: Leah Vanarsdall, Town Clerk. APPROVED AS TO FORM: &I ) Willi ayashi, Town Attorney {00130527.DOC v:1) AMENDED AND RESTATED SERVICE PLAN COTTONWOOD HOLLOW RESIDENTIAL METROPOLITAN DISTRICT TOWN OF FIRESTONE, COLORADO Prepared by Miller & Associates Law Offices, LLC 1641 California St Suite 300 Denver CO 80202 Submittal Date: April 5, 2019 DOCUMENT REVISION HISTORY Original submission: April 9, 2018 First Revision: June 22, 2018 (Addition of HOA powers) Second Revision: October 8, 2018 (Response to comments from S. Light) Third Revision: January 17, 2019 (Revisions to Regional Improvements) Fourth Revision: March 21, 2019 (Updated Fees) Fifth Revision: April 3, 2019 (Fees made subject to IGA) TABLE OF CONTENTS I. INTRODUCTION.............................................................................................................. I A. Purpose and Intent................................................................................................... 1 B. Need for the District............................................................................................. •.. I C. Objective of the Town Regarding the Service Plan ................................................ 1 II. DEFINITIONS....................................................................................................................2 III. BOUNDARIES................................................................................................................... 6 IV. PROPOSED LAND USE, PROJECTED POPULATION PROJECTIONS AND CURRENT ASSESSED VALUATION............................................................................. 6 V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES....... 7 A. Powers of the District and Service Plan Amendment ............................................. 7 1. Operation and Maintenance Limitation...................................................... 7 2. Fire Protection Limitation........................................................................... 7 3. Television Relay and Translation Limitation; Mosquito Control, and Other Limitations.................................................................................................. 7 4. Limitation on Extraterritorial Service......................................................... 7 5. Telecommunication Facilities..................................................................... 8 6. Construction Standards Limitation............................................................. 8 7. Zoning and Land Use Requirements .................................... 8. Growth Limitations..................................................................................... 8 9. Conveyance.................................................................................................8 10. Eminent Domain......................................................................................... 8 11. Water Rights/Resources Limitation............................................................ 8 12. Inclusion Limitation.................................................................................... 8 13. Exclusion Limitation.................................................................I................. 9 14. Overlap Limitation...................................................................................... 9 15. Sales and Use Tax....................................................................................... 9 16. Monies from Other Governmental Sources ................................................ 9 17. Consolidation Limitation............................................................................ 9 18. Subdistrict Limitation................................................................................. 9 19. Fees........................................................................................................... 10 20. Special Assessments................................................................................. 10 21. Revenue Bonds Limitation....................................................................... 10 22. Public improvement Fee and Sales Tax Limitation .................................. 10 23. Bankruptcy Limitation.............................................................................. 10 24. Reimbursement Agreement...................................................................... 11 25. Service Plan Amendment Requirement.................................................... I l B. Preliminary Engineering Survey........................................................................... 11 VI. REGIONAL IMPROVEMENTS...................................................................................... 12 i VIL FINANCIAL PROVISIONS............................................................................................ 12 A. General...............................................................................................12 B. Maximum Voted Interest Rate and Maximum Underwriting Discount ............... 13 C. Mill Levies............................................................................................................ 13 D. Debt Parameters.................................................................................................... 14 E. Debt Instrument Disclosure Requirement............................................................. 15 F. Privately Placed Debt Limitation.......................................................................... 15 G. TABOR Compliance............................................................................................. 16 H. District's Organizational Costs and Operation and Maintenance Costs ............... 16 VIII. ANNUAL REPORT......................................................................................................... 16 A. General..................................................................................................................16 B. Reporting of Significant Events............................................................................ 16 IX. DISSOLUTION................................................................................................................17 X. DISCLOSURE NOTICES................................................................................................ 17 XI. INTERGOVERNMENTAL AGREEMENT.................................................................... 17 XII, NON-COMPLIANCE WITH SERVICE PLAN.............................................................. 18 XIII. CONCLUSION.................................................................................................................18 lI LIST OF EXHIBITS EXHIBIT A Vicinity Map EXHIBIT B Initial Boundary Map and Legal Description EXHIBIT C Inclusion Area Boundary Map and Legal Description EXHIBIT D Financial Plan EXHIBIT E Capital Plan - List of Public Improvements EXHIBIT F Indemnification Letters EXHIBIT G Intergovernmental Agreement iii I. INTRODUCTION A. Purpose and Intent. The District is an independent unit of local government, separate and distinct from the Town. The primary purpose of the District will be to finance the construction of the Public Improvements. The District shall provide ongoing operation and maintenance services as specifically set forth in this Service Plan and in the Intergovernmental Agreement between the Town and the District. This Service Plan is intended to accommodate the phasing of the Project and the infrastructure needs of each phase. It is contemplated that the District will cooperate with the Cottonwood Hollow Commercial Metropolitan District on certain infrastructure that benefits the taxpayers and inhabitants of the Service Area, and that this District will have its own particular infrastructure needs. B. Need for the District. There were not at the time of formation of the District nor are there currently other governmental entities, including the Town, located in the immediate vicinity of the District that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction, installation, relocation, redevelopment, and financing of the Public Improvements needed for the Project. The District is therefore necessary in order for the Public Improvements required for the Project to be provided in the most economic manner possible. C. Objective of the Town Regarding the Service Plan. The Town's objective in approving the Service Plan for the District is to authorize the District to provide for the planning, design, acquisition, construction, installation, relocation and redevelopment of the Public Improvements from the proceeds of Debt to be issued by the District. All Debt is expected to be repaid by taxes imposed and collected at a mill levy no higher than the Maximum Debt Mill Levy, as the same may be increased as set forth in Section V.C.1; by Fees as limited by Section V.A.19; and/or by Special Assessments as set forth in Section V.A.20. This Service Plan is intended to establish a limited purpose for the District and explicit financial constraints that are not to be violated under any circumstances. The primary purpose of the District is to provide the Public Improvements associated with development pursuant to the Approved Development Plan. Except for the Operation and Maintenance. Costs the District is authorized to pay in accordance with Section VII.H herein, operation and maintenance services are allowed only through the Intergovernmental Agreement with the Town. The District shall dissolve upon payment or defeasance of all Debt incurred or upon a court determination that adequate provision has been made for the payment of all Debt, except that if the District has ongoing operation and maintenance functions authorized under an Intergovernmental Agreement with the Town, the District shall not be required -to dissolve but shall retain only the power necessary to impose and collect taxes (subject to the Maximum. Operation and Maintenance Mill Levy), Special Assessments or Fees in amounts necessary to I pay for those Operation and Maintenance Costs. Additionally, if the Board of Directors of the District determines that the existence of that District is no longer necessary to accomplish the purposes set forth in this Service Plan, the Board of Directors of that District shall promptly effectuate the dissolution of that District. The District shall be authorized to finance the Public Improvements that can be funded from Debt which is to be repaid from Fees, Special Assessments or tax revenues collected from a mill levy which shall not exceed the Maximum Debt Mill Levy, as well as other legally available sources of revenue, and to maintain certain of the Public Improvements as set forth in the Intergovernmental Agreement with the Town. It is the intent of this Service Plan to assure to the extent possible that no property bear an economic burden that is greater than that associated with revenues from the Maximum Debt Mill Levy, the Maximum Operation and Maintenance Mill Levy, Fees and Special Assessments, even under bankruptcy or other unusual situations. Generally, the costs of Public Improvements that cannot be funded within these parameters are not costs to be paid by the District. With regard to Regional Improvements, this Service Plan and the Intergovernmental Agreement also provide for the District to pay a portion of the cost of regional infrastructure as part of ensuring that development and those that benefit from development pay for the associated costs. D. Organizers and Consultants. following: Organizers Mortgage Consultants, LLC 8400 E Prentice Avenue #670 Greenwood Village CO 80111 mgrantktrail-rid e.ccoom Financial Advisor or Underwriter DA Davidson & CO 1550 Market St Suite 300 Denver CO 80202 zbishop@dadco.com H. DEFINITIONS This Service Plan has been prepared by the District Counsel Miller & Associates Law Offices, LLC 1641 California St Suite 300 Denver CO 80202 dmiller@ddmalaw.com Engineers Paragon Engineering Consultants, Inc. 7852 S Elati St Suite 106 Littleton CO 80120 Wendellkyaragoneng com In this Service Plan, the following terms shall have the meanings indicated below, unless. the context hereof clearly requires otherwise: Approved Development Plan: means a development plan, subdivision development agreement or other land use application process established by the Town for the Project as approved in its final form by the Town pursuant to the Town Code, as may be amended from time to time pursuant to the Town Code, that identifies, among other 2 things, the Public Improvements necessary for facilitating development of property within the Service Area. Board: means the board of directors of the District. Capital Plan: means the Capital Plan described in Section V.B. which includes: (a) a comprehensive list of the Public Improvements to be developed by the District; (b) an engineer's estimate of the cost of the Public Improvements; and (c) a pro forma capital expenditure plan correlating expenditures with development. C.R.S. means the Colorado Revised Statutes, as the same may be amended from time to time. Debt: means bonds, notes, debentures, certificates, contracts, capital leases or other multiple fiscal year obligations for the payment of which the District has promised to impose an ad valorem property tax mill levy, collect Fee revenue, and/or levy Special Assessments. District: means Cottonwood Hollow Residential Metropolitan District. Districts: means the District and Cottonwood Hollow Commercial Metropolitan District, collectively. District Boundaries: means the property within the Initial Boundaries, together with any portion of the property within the Inclusion Area Boundaries that may be included from time to time pursuant to Section 32-1-401, et seQ, C.R.S. End User: means any owner, or tenant of any owner, of any taxable improvement within the District who is intended to become burdened by the imposition of ad valorem property taxes subject to the Maximum Debt Mill Levy. By way of illustration, a resident homeowner, renter, commercial property owner, or commercial tenant is an End User. A person or entity that constructs homes or commercial structures with the intention of selling to others is not an End User. External Financial Advisor: means a consultant that: (i) advises Colorado governmental entities on matters relating to the issuance of securities by Colorado governmental entities, including matters such as the pricing, sales and marketing of such securities and the procuring of bond ratings, credit enhancement and insurance in respect of such securities; (ii) shall be an underwriter, investment banker, or individual listed as a public finance advisor in the Bond Buyer's Municipal Market Place; and (iii) is not an officer or employee of the District and has not been otherwise engaged to provide services in connection with the transaction related to the applicable Debt. If the District has engaged a municipal adviser that meets the foregoing criteria and has a fiduciary duty to the District, the municipal adviser may fill the role of the External Financial Advisor. Fees: means any fee, rate, toll, penalty or charge imposed or received by the District for services, programs or facilities provided by the District, as described in Section V.A.19 below. 3 Financial Plan: means the Financial Plan described in Section VII and attached as Exhibit D which describes (i) how the Public Improvements are expected to be financed; (ii) how the Debt is expected to be incurred; and (iii) the estimated operating revenue derived from property taxes for the first budget year. Inclusion Area Boundaries: means the boundaries of the area proposed for inclusion within the boundaries of the District, described in the Inclusion Area Boundary Map and Legal Description attached hereto as Exhibit C, which proposed area is contained within the Project as outlined in the Approved Development Plan. Initial Boundaries: means the boundaries of the District's area described in the Initial Boundary Map and Legal Description, attached hereto as Exhibit B. Initial Debt: means the first Debt issued by the District. Initial Debt Issuance Deadline: means the date that is five years after the Town's approval of an Approved Development Plan and shall be the date by which the District initiates its Initial Debt issuance in accordance with Section V.A.15 below. Intergovernmental Agreement: means the intergovernmental agreement between the District and the Town, a form of which is attached hereto as Exhibit G. The Intergovernmental Agreement may be amended from time to time by the District and the Town. Maximum Debt Mill Levy: means the maximum mill levy the District is permitted to impose for payment of Debt as set forth in Section VII.C.1 below. Maximum Operation and Maintenance Mill Levy: means the maximum mill levy the District is permitted to impose for payment of Operation and Maintenance Costs, as set forth in Section VII.C.2 below. Maximum Aggregate Mill Levy: means, for each District, the maximum combined mill levy the District is permitted to impose upon the taxable property within the District for payment of all expenses categories, including but limited to Debt, capital costs, organizational costs, and Operation and Maintenance Costs, except that the Maximum Aggregate Mill Levy shall not include the mill levy for Regional Improvements as established under the Intergovernmental Agreement. The Maximum Aggregate Mill Levy is set forth in Section VII.C.3 below. Mill Levy Adjustment: means, if, on or after January 1, 2019, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement, the Maximum Debt Mill Levy and the Maximum Operation and Maintenance Mill Levy may be increased or decreased to reflect such changes, such increases and decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the applicable mill levy, as adjusted for changes occurring after January 1, 2019, are neither diminished nor enhanced as a result of such changes. For purposes of the 11 foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation. Operation and Maintenance Costs: means (1) planning and design costs of Public Improvements identified by the District as being payable from its operation and maintenance mill levy; (2) the costs of repair, replacement and depreciation of the Public Improvements; (3) the costs of any covenant enforcement and design review services the District may provide; and (4) the costs of ongoing administrative, accounting and legal services to the District. Organizational Costs: means the estimated initial cost of acquiring land, engineering services, legal services and administrative services, together with the estimated costs of the District's organization and initial operations, as set forth in Section VII.H below, which Organizational Costs are eligible for reimbursement out of Debt proceeds. Project: means the development or property commonly referred to as Cottonwood Hollow. Public Improvements: means a part or all of the improvements authorized to be planned, designed, acquired, constructed, installed, relocated, redeveloped and financed by the District as generally described in the Special District Act and in accordance with the Approved Development Plan, except as specifically limited in Section V below, which improvements benefit the property within the Project, the District Boundaries and/or the Service Area, and which improvements will serve the future taxpayers and inhabitants of the property within the Project, the District Boundaries and/or the Service Area, as determined by the Boards of the District. Regional Improvements: means improvements or facilities that benefit the property within or without the District Boundaries and/or the Service Area and which are to be financed pursuant to Section VI below, and which are more particularly set forth in the Intergovernmental Agreement or a separate intergovernmental agreement between the Town and the District. Service Area: means the Initial Boundaries and the Inclusion Area Boundaries. Service Plan: means this amended and restated service plan for the District approved by Town Board. Service Plan Amendment: means an amendment to the Service Plan approved by Town Board in accordance with the Town's ordinance and the applicable state law. Special Assessment: means the levy of an assessment within the boundaries of a special improvement district pursuant to Section V.A.20 below. Special District Act: means Title 32, Article I of the Colorado Revised Statutes, as amended from time to time. State: means the State of Colorado. Taxable Property: means real or personal property which is subject to ad valorem taxes imposed by the District. Town: means the Town of Firestone, Colorado. Town Board: means the Town Board of Trustees of the Town of Firestone, Colorado. Town Code: means the Town Code of the Town of Firestone, Colorado. Total Debt Limit: means Thirty Million Dollars ($30,000,000.00) which Total Debt Limit includes all Debt issued by the District for Public Improvements and Regional Improvements. III. BOUNDARIES A Vicinity Map depicting the Project is attached hereto as Exhibit A. The area of the Initial Boundaries includes approximately 146.03 acres, and the legal description and map of the Initial Boundaries are set forth in Exhibit B. The Inclusion Area Boundary Map and Legal Description, depicting the property which may be included within the District, is attached hereto as Exhibit C. It is anticipated that the District's boundaries may change from time to time as they undergo inclusions and exclusions pursuant to Section 32-1-401, et seq., C.R.S., and Section 32-1-501, et seq., C.R.S., subject to the limitations set forth in Section V below. IV. PROPOSED LAND USE, PROJECTED POPULATION PROJECTIONS AND CURRENT ASSESSED VALUATION The property within the Service Area consists of approximately 216.168 acres of land, currently undeveloped but with approved Planned Unit Development. The population of the Service Area at build -out is estimated to be approximately 2,663 people. The current assessed valuation of the property within the Service Area is Twenty -Four Million Eight Hundred Fifty Thousand Nine Hundred Twenty Dollars ($24,850,920) for purposes of this Service Plan, and the assessed value of the property within the Service Area at build -out is expected to be sufficient to reasonably discharge the Debt under the Financial Plan attached hereto as Exhibit D. Approval of this Service Plan by the Town does not imply approval of the development of a specific area within the Service Area, nor does it imply approval of the number of residential units or the total site/floor area of commercial or industrial buildings identified in this Service Plan or any of the exhibits attached thereto, which approvals shall be as set forth in an Approved Development Plan. Approval of this Service Plan by the Town in no way releases or relieves the developer of the Project, or the developer, landowner or subdivider of any property within the Service Area, or any of their respective successors or assigns, of obligations to construct public improvements for the Project or of obligations to provide to the Town such financial guarantees as may be required by the Town to ensure the completion of the Public Improvements, or of any other obligations to the Town under the applicable Approved Development Plan, the Town Code or any applicable annexation agreement, subdivision agreement, or other agreements affecting the Project property or development thereof. Co V. DESCRIPTION OF PROPOSED_ POWERS, IMPROVEMENTS AND SERVICES A. Powers of the District and Service Plan Amendment. The District shall have the power and authority to provide the Public Improvements and related operation and maintenance services as such power and authority is described in the Special District Act and other applicable statutes, common law, and the Constitution, subject to the limitations set forth herein, in the Approved Development Plan, and in the Intergovernmental Agreement. 1. Operation and Maintenance Limitation. The purpose of the District is to plan for, design, acquire, construct, install, relocate, redevelop and finance the Public Improvements. The District shall dedicate the Public Improvements to the Town or other appropriate jurisdiction in a manner consistent with the Approved Development Plan, the Intergovernmental Agreement, and other rules and regulations of the Town and applicable provisions of the Town Code. No District shall be authorized to operate and maintain any part or all of the Public Improvements unless the provision of such operation and maintenance is pursuant to the Intergovernmental Agreement with the Town. If the District is authorized in the Intergovernmental Agreement to operate and maintain any parks or trails, then unless otherwise expressly specified in the Intergovernmental Agreement, all such parks and trails shall be open to the general public free of charge. Notwithstanding the foregoing, the District may provide covenant enforcement, design review services and other services to the residents, owners and taxpayers within the District pursuant to and in accordance with § 32-1-1004(8) C.R.S. The District may impose a mill levy, Special Assessments and/or Fees to pay for Operation and Maintenance Costs in accordance with Section VILH below. 2. Fire Protection Limitation. The District shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain fire protection facilities or services, unless such facilities and services are provided pursuant to an intergovernmental agreement with the Town and with Firestone Fire Protection District. The authority to plan for, design, acquire, construct, install, relocate, redevelop or finance fire hydrants and related improvements installed as part of the water system shall not be limited by this provision. 3. Television Relay and Translation Limitation; Mosquito Control, and Other Limitations. Unless such facilities and services are provided pursuant to the Intergovernmental Agreement, the District shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate, maintain, or provide: (a) any television relay and translation facilities and services, other than for the installation of conduit as a part of a street construction project; (b) any mosquito control facilities and services; (c) any solid waste disposal, collection and transportation facilities and services; and (d) any security, covenant enforcement and design review services. 4. Limitation on Extraterritorial Service. The District shall be authorized to provide services or facilities outside the District Boundaries or to establish fees, rates, tolls, penalties or charges for any services or facilities only in accordance with an Approved Development Plan, the Intergovernmental Agreement, or other agreement to which the 7 Town is a party or otherwise gives its written consent, as evidenced by resolution of the Town Board of Trustees. 5. Telecommunication Facilities. The District agrees that no telecommunication facilities shall be constructed except pursuant to the Intergovernmental Agreement and that no such facilities owned, operated or otherwise allowed by the District shall affect the ability of the Town to expand its public safety telecommunication facilities or impair existing telecommunication facilities. 6. Construction Standards Limitation. The District will ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications of the Town and of other governmental entities having proper jurisdiction. The District will obtain the approval of civil engineering plans from the appropriate jurisdiction and will obtain applicable permits for construction and installation of Public Improvements prior to performing such work. 7. Zoning and Land Use Requirements, The District shall be subject to all of the Town's zoning, subdivision, building code and other land use requirements. 8. Growth Limitations. The Town shall not be limited in implementing Board or voter approved growth limitations, even though such actions may reduce or delay development within the District and the realization of District revenue. 9. Conveyance. The District agrees to convey to the Town, upon written notification from the Town and at no cost to the Town, any interest in real property owned by the District that is necessary, in the Town's sole discretion, for any Town capital improvement projects for transportation, utilities or drainage, so long as such conveyance does not interfere with the District's ability to construct, operate and/or maintain Public Infrastructure, as the same may be limited by this Service Plan. 10. Eminent Domain. The District shall not be authorized to exercise, nor shall it use the power of eminent domain, except as otherwise provided pursuant to an intergovernmental agreement with the Town. 1 L Water Rights/Resources Limitation. The District shall not acquire, own, manage, adjudicate or develop potable water rights or resources except for the sole purpose of transferring such water rights to the Town or to another governmental entity at the direction of the Town. The District may be permitted to construct, finance, operate and maintain a non potable water system for the development and may be permitted to own, manage, adjudicate and develop the non -potable water rights which will be used in such non -potable system, only if required or authorized by an intergovernmental agreement with the Town, separate and distinct from the Intergovernmental Agreement. 12. Inclusion Limitation. Without prior written notice to the Town, the District shall not include into its boundaries any property except the property within the Inclusion Area Boundaries. No property will be included within the District at any time unless such property has been annexed into the Town's corporate limits. No property in the Inclusion Area shall be included into the District unless a concurrent exclusion from Cottonwood Hollow Commercial Metropolitan District is also processed. It is the intent of this provision that property within the Service Area be included only within one of the Districts. 13. Exclusion Limitation. The District may exclude from its boundaries any property within the District Boundaries so long as the excluded property is concurrently included into the Cottonwood Hollow Commercial Metropolitan District. Any other exclusion shall require the prior written notice to and approval by the Town. No District shall exclude from its boundaries property upon which a Debt mill levy has been imposed for the purpose of the inclusion of such property into another district that has been or will be formed under the Special District Act, without the prior written consent of the Town, as evidenced by resolution of the Town Board of Trustees. 14. Overlap Limitation. The boundaries of the District shall not overlap with the Cottonwood Hollow Commercial Metropolitan District if such overlap will cause the District's mill levy to exceed the Maximum Debt Mill Levy or the Maximum Operation and Maintenance Mill Levy. 15. Initial Debt Limitation. The District shall make its best efforts to initiate the issuance of its Initial Debt prior to the Initial Debt Issuance Deadline. This requirement does not mandate that the issuance of the Initial Debt be sized to utilize the entirety of the District's Total Debt Issuance Limitation (as defined below). The District shall not be prohibited from completing the issuance of the Initial Debt after the Initial Debt Issuance Deadline, so long as the issuance of the Initial Debt commenced prior to the Initial Debt Issuance Deadline. Should the District fail to initiate the issuance of the Initial Debt prior to the Initial Debt Issuance Deadline, the District shall seek, and obtain, a written extension of the Initial Debt Issuance Deadline. 16. Total Debt Issuance Limitation. The District shall not issue Debt in excess of the Total Debt Limit. 17. Sales and Use Tax. The District shall not exercise its Town sales and use tax exemption. 18. Monies from Other Governmental Sources. The District shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds, or other funds available from or through governmental or non-profit entities that the Town is eligible to apply for, except pursuant to the Intergovernmental Agreement. This Section shall not apply to specific ownership taxes which shall be distributed to and be a revenue source for the District without any limitation. 19. Consolidation Limitation. No District shall file a request with any Court to consolidate with another Title 32 district without the prior written consent of the Town, as evidenced by resolution of the Town Board of Trustees. 20. Subdistrict Limitation. No District shall create any subdistrict pursuant to Section 32-1-1101, C.R.S. without the prior written consent of the Town, as evidenced by resolution of the Town Board of Trustees. CS1 21.. Fees. If authorized in the Intergovernmental Agreement, the District may impose and collect Fees for services, programs or facilities furnished by the District, and may from time to time increase or decrease such fees, and may use the revenue from such fees for the repayment of Debt, capital costs, or Operation and Maintenance Costs and for the payment of any indebtedness of the District. 22. Special Assessments. If authorized in the Intergovernmental Agreement, the District may establish one or more special improvement districts within its District Boundaries and may levy a Special Assessment with the special improvement district in order to finance all or part of the costs of any Public Improvements to be constructed or installed that the District is authorized to finance. 23. Revenue Bonds Limitation. Revenue Bonds are bonds payable in whole or in part from revenues other than the District's property and specific ownership taxes. Revenue Bonds do not include bonds issued by one of the Districts to which the other one of the Districts has pledged its property and/or specific ownership taxes. Prior to issuing any revenue bonds, the District shall submit all relevant details of such issuance to the Town Board of Trustees, which may elect to treat the issuance of the revenue bonds as a material modification of the Service Plan. If it is determined by the Board of Trustees that the issuance of revenue bonds constitutes a material modification of the Service Plan, the District shall proceed to amend the Service Plan in accordance with Section 32-1-207, C.R.S. prior to issuing any revenue bonds. If it is determined by the Board of Trustees that such issuance does not constitute a material modification of the Service Plan, the Board of Trustees may issue a resolution to that effect, after receipt of which the District may proceed with such issuance without need for approval of a material modification of the Service Plan. The Town Board shall make its determination in writing to the District within ten (10) business days after submittal of the information by the District, unless the Town and District mutually agree to a different date. Failure of the Town timely to provide a determination shall be deemed consent to the issuance of the revenue bonds. 24. Public Improvement Fee and Sales Tax Limitation. The District shall not impose, collect, receive, spend or pledge to any Debt any fee, assessment, tax or charge which is collected by a retailer in the District on the sale of goods or services by such retailer and which is measured by the sales price of such goods or services, except as provided pursuant to an agreement with the Town approved by the Town Board. 25. Bankruptcy Limitation. All of the limitations contained in this Service Plan, including, but not limited to, those pertaining to the Maximum Debt Mill Levy, the Maximum Operation and Maintenance Mill Levy, and Fees have been established under the authority of the Town to approve a Service Plan pursuant to Section 32-1-204.5, C.R.S. It is expressly intended that such limitations: (a) Shall not be subject to set -aside for any reason or by any court of competent jurisdiction, absent a Service Plan Amendment; and (b) Are, together with all other requirements of Colorado law, included in the "political or governmental powers" reserved to the State under the U.S. 10 Bankruptcy Code (11 U.S.C.) Section 903, and are also included in the "regulatory or electoral approval necessary under applicable nonbankruptcy law" as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy Code Section 943(b)(6). The filing of any bankruptcy petition by any District shall constitute, simultaneously with such filing, a material departure of the express terms of this Service Plan, thus necessitating a material modification that must be submitted to the Town for its consideration as a Service Plan Amendment. 26. Reimbursement Agreement. If any District utilizes reimbursement agreements to obtain reimbursements from third -party developers or adjacent landowners for costs of improvements that benefit third -party landowners, such agreements shall be done in accordance with Town Code. If a reimbursement agreement exists or is entered into for an improvement financed by the District, any and all resulting reimbursements received for such improvement shall be deposited in the District's debt service fund and used for the purpose of retiring the District's debt. 27. Service Plan Amendment Requirement. This Service Plan has been designed with sufficient flexibility to enable the District to provide required services and facilities under evolving circumstances without the need for numerous amendments. Actions of any District which violates the limitations set forth in V.A. above or in VII.0 or VII.D shall be deemed to be material modifications to this Service Plan and the Town shall be entitled to all remedies available under State and local law to enjoin such actions of the District. B. Preliminary En ineerin Shy. The District shall have authority to provide for the planning, design, acquisition, construction, installation, relocation, redevelopment, maintenance, and financing of the Public Improvements. A Capital Plan, including: (1) a comprehensive list of the Public Improvements to be developed by the District; (2) an estimate of the cost of the Public Improvements, together with a letter from a Colorado professional registered engineer certifying that such costs are reasonable in the engineer's opinion and that such estimates were prepared based upon Town construction standards; and (3) a pro forma capital expenditure plan correlating expenditures with development is attached hereto as Exhibit E. The District shall be authorized to construct Public Improvements that shall be more specifically defined in each applicable Approved Development Plan, the Intergovernmental Agreement, or other agreement to which the Town is a party or otherwise gives its written consent, as evidenced by resolution of the Town Board of Trustees. The estimated the costs of the Public Improvements which may be planned for, designed, acquired, constructed, installed, relocated, redeveloped, maintained or financed was prepared based upon a preliminary engineering survey and estimates derived from the zoning on the property in the property within the District and is approximately Thirty -Seven Million Six Hundred Sixty -Three Thousand Three Hundred Forty One Dollars ($37,663,341.00). All of the Public Improvements will be designed in such a way as to assure that the Public Improvements standards will be compatible with those of the Town and shall be in accordance with the requirements of the Approved Development Plan. All construction cost 11 estimates are based on the assumption that construction conforms to applicable local, State or Federal requirements. C. Multiple District Structure. It is anticipated that the Districts, collectively, will undertake the financing and construction of certain of the Public Improvements contemplated herein. Specifically, if the Districts collectively undertake the financing and construction of Public Improvements, then the Districts shall enter into one or more intergovernmental agreements with each other that shall govern the relationships between and among them with respect to the financing, construction and operation of the Public Improvements. The Districts will establish a mechanism whereby any one or both of the Districts may separately or collectively fund, construct, install and operate the Public Improvements. VI. REGIONAL IMPROVEMENTS If authorized in the Intergovernmental Agreement establishing the terms and conditions for the provision of Regional Improvements, the District shall be authorized and required to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment and to contribute to the funding of the Regional Improvements, and to fund the administration and overhead costs related to the provisions of the Regional Improvements incurred as a result of participation in the Regional Improvements obligations, and the District shall have the authority impose a mill levy established under the Intergovernmental Agreement and to issue Debt for Regional Improvements in an aggregate amount not to exceed the Debt limit set forth in the Intergovernmental Agreement. The Maximum Debt Mill Levy set forth below in Section VILC below shall not include the mill levy imposed for the payment of the costs of the planning, design, permitting, construction, acquisition and financing of the Regional Improvements described in the Intergovernmental Agreement, and which is established under the Intergovernmental Agreement. However, the Debt limit set forth in the Intergovernmental Agreement, when added to the Debt Limit for the Public Improvements set forth in Section VILA below, shall not exceed the Total Debt Limit. Any Debt issued by the District pursuant to this Section VI must be issued in compliance with and all requirements of State law, and shall comply with the debt parameters set forth in Section VII.D, below. The proponents of the District acknowledge and agree that the provisions in this Service Plan and the Intergovernmental Agreement for the District's participation in Regional Improvements are material considerations in, and conditions of the Town's approval of this Service Plan, and the Town has relied thereon in approving this Service Plan. The failure to comply with this Section. VI shall be deemed a material modification of this Service Plan and a breach of the terms of the Intergovernmental Agreement. The Town agrees to use the Regional Improvement Contribution amounts for public facilities within the boundaries of the District which benefit the District's residents and taxpayers, as prioritized and determined by the Town. VII. FINANCIAL PROVISIONS A. General. 12 The District shall be authorized to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment of the Public Improvements from their revenues and by and through the proceeds of Debt to be issued by the District. The District may impose a mill levy on taxable property within its boundaries as a primary source of revenue for repayment of debt service and for operation and maintenance. The District may also rely upon various other revenue sources authorized by law. At the District's discretion, these may include the power to assess Fees as provided in Section 32-1-1001(1), C.R.S., as amended from time to time and as limited by Section V.A.19 above, and the District may impose Special Assessments as provided in Section 32-1-1101.7, C.R.S. and in accordance with Section V.A.20, above. The Financial Plan for the District, which is attached hereto as Exhibit D, reflects that the District will issue no more Debt than that District can reasonably expect to pay from revenues derived from the Maximum Debt Mill Levy, Fees, Special Assessments and other legally available revenues. The aggregate amount of Debt the District shall be permitted to issue for the Public Improvements, except for the Regional Improvements, but including any Debt for Public Improvements to be constructed to serve any special improvement district, shall not exceed Twenty Eight Million Five Hundred Thousand Dollars ($28,500,000.00) and the District may issue such Debt on a schedule and in such year or years as the District determines shall meet the needs of the Financial Plan referenced above and phased to serve development as it occurs. The Debt limit set forth in this Section VII.A., when added to the Debt limit for the Regional Improvements set forth in Section VI above, shall not exceed the Total Debt Limit. B. Maximum Voted Interest Rate and Maximum Underwriting Discount. The interest rate on any Debt is expected to be the market rate at the time the Debt is issued. In the event of a default, the proposed maximum interest rate on any Debt is not expected to exceed eighteen percent (18%). The proposed maximum underwriting discount will be four percent (4%). Debt, when issued, will comply with all relevant requirements of this Service Plan, State law and Federal law as then applicable to the issuance of public securities. All debt -related election ballot questions shall be drafted so as to limit the District's debt service mill Ievy to the Maximum Debt Mill Levy. Prior to any election to authorize the issuance of debt, the District shall cause a letter prepared by an attorney in the State of Colorado to be provided to the Town opining that election questions related to the Debt include the limitations in this paragraph. Failure to observe the requirements established in this paragraph shall constitute a material modification under the Service Plan and shall entitle the Town to all remedies available at law and in equity, including the remedies provided for in Section VII.D.4, below. C. Mill Levies. 1. The Maximum Debt Mill Levy, which shall be subject to a Mill Levy Adjustment, shall be the maximum mill levy the District is permitted to impose upon the taxable property within the District for payment of Debt, and shall be 55.277 mills for so long as the total amount of aggregate Debt of the District exceeds fifty percent (50%) of the District's assessed valuation. 13 At such time as the total amount of aggregate Debt of the District is equal to or less than fifty percent (50%) of the District's assessed valuation, either on the date of issuance of any Debt or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject to the Maximum Debt Mill Levy if End Users cast the majority of affirmative votes taken by the District's Board of Directors at the meeting authorizing such action, and, as a result, the mill levy may be such amount as is necessary to pay the debt service on such Debt, and the Board may further provide that such Debt shall remain secured by such increased mill levy, notwithstanding any subsequent change in the District's Debt to assessed value ratio. 2. The Maximum. Operation and Maintenance Mill Levy, which shall be subject to a Mill Levy Adjustment, shall be the maximum mill levy the District is permitted to impose upon the taxable property within the District for payment of Operation and Maintenance Costs, and shall be 55.277 mills until such time that the District issues Debt. After the District issues Debt, the Maximum Operation and Maintenance Mill Levy shall be ten (10) mills. The Maximum Operation and Maintenance Mill Levy shall apply to the District's ability to increase its mill levy as necessary for provision of operation and maintenance services to its taxpayers and service users until such time as End Users cast the majority of affirmative votes taken by the District's Board of Directors at a meeting authorizing an increase of such Maximum Operation and Maintenance Mill Levy, at which time the mill levy may be such amount as is necessary to pay the Operation and Maintenance Cost. 3. The Maximum Aggregate Mill Levy (which shall be adjusted to reflect any Mill Levy Adjustment in the Maximum Debt Mill Levy and the Maximum Operation and Maintenance Mill Levy) shall be the maximum combined mill levy a District is permitted to impose upon the taxable property within the District for payment of all expense categories, including but not limited to Debt, capital costs, organizational costs, and Operation and Maintenance Costs, and shall be 65.277 mills until such time as End Users cast the majority of affirmative votes taken by the District's Board of Directors at a meeting authorizing an increase of such Maximum Aggregate Mill Levy. The foregoing notwithstanding, any action taken by the District to increase the Maximum Debt Mill Levy must be taken in accordance with Section V11.C.1, above. D. Debt Parameters. 1. All Debt issued by the District must be issued in compliance with the requirements of Section 32-1-1101, C.R.S. and all other requirements of State law. On or before the effective date of approval of an Approved Development Plan by the Town, no District shall: (a) issue any Debt; (b) impose a mill levy for the payment of Debt by direct imposition or by transfer of funds from the operating fund to the Debt service funds; (c) impose and collect any Fees used for the purpose of repayment of Debt, or (d) levy any Special Assessments. 2. No District shall pledge any revenue or property of the Town as security for the indebtedness set forth in this Service Plan. Approval of this Service Plan shall not be construed as a guarantee by the Town of payment of any of the District's obligations, nor shall anything in the Service Plan be construed so as to create any responsibility or liability on the part of the Town in the event of default by the District in the payment of any such obligation. 14 3. The District shall not issue Debt in excess of the Total Debt Limit, which Total Debt Limit includes any Debt issued for Public Improvements and Regional Improvements; provided that the foregoing shall not include the principal amount of Debt which has been refunded or which is a contractual pledge of taxes or other revenue from the District to another District. 4, Any Debt issued by the District with a pledge or which results in a pledge that exceeds the Maximum Debt Mill Levy (subject to the Mill Levy Adjustment) shall be deemed a material modification of this Service Plan pursuant to Section 32-1-207, C.R.S. and shall not be an authorized issuance of Debt unless and until such material modification has been approved by the Town as part of a Service Plan Amendment. The Town shall be entitled to all remedies available at law to enjoin such actions of the District, including the remedy of enjoining the issuance of additional authorized but unissued debt, until such material modification is remedied. E. Debt Instrument Disclosure Reauirement. In the text of each Bond and any other instrument representing and constituting Debt, the District shall set forth a statement in substantially the following form: By acceptance of this instrument, the owner of this Bond agrees and consents to all of the limitations in respect of the payment of the principal of and interest on this Bond contained herein, in the resolution of the District authorizing the issuance of this Bond and in the Service Plan for creation of the District. Similar language describing the limitations in respect of the payment of the principal of and interest on Debt set forth in this Service Plan shall be included in any document used for the offering of the Debt for sale to persons, including, but not limited to, a developer of property within the boundaries of the District. F. Privately Placed Debt Limitation. Prior to the issuance of any privately placed Debt, the District shall obtain the certification of an External Financial Advisor substantially as follows: We are [I am] an External Financial Advisor within the meaning of the District's Service Plan. We [I] certify that (1) the net effective interest rate (calculated as defined in Section 32-1-103(12), C.R.S.) to be borne by [insert the designation of the Debt] does not exceed a reasonable current [tax- exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. 15 G. TABOR Compliance. The District will comply with the provisions of TABOR. In the discretion of the Board, a District may set up other qualifying entities to manage, fund, construct and operate facilities, services, and programs. To the extent allowed by law, any entity created by the District will remain under the control of that District's Board, and any such entity shall be subject to and bound by all terms, conditions, and limitations of the Service Plan and the Intergovernmental Agreement. H. District's Organizational Costs and Operation and Maintenance Costs. The District's Organizational Costs, including the estimated cost of acquiring land, engineering services, legal services and administrative services, together with the estimated costs of the District's organization and initial operations are eligible for reimbursement from Debt proceeds. In addition to the capital costs of the Public Improvements, the District will require operating funds for Operation and Maintenance Costs including administration and to plan and cause the Public Improvements to be constructed and maintained, and for ongoing administrative, accounting and legal costs. The operating budget for the District is set forth in the Financing Plan. VIII. ANNUAL REPORT A. General. The District shall be responsible for submitting an annual report to the Town Clerk within six months of the close of the fiscal year. B. Reporting ofSSignificant Events. The annual report shall include information as to any of the following: 1. Boundary changes made or proposed to the District's boundary as of December 31 of the prior year. 2. Copies of the District's rules and regulations, if any, as of December 31 of the prior year. 3. A summary of any litigation which involves the Public Improvements as of December 31 of the prior year. 4. Status of the District's construction of the Public Improvements as of December 31 of the prior year. 5. A list of all facilities and improvements constructed by the District that have been dedicated to and accepted by the Town or other service provider providing service to the property in the District, as of December 31 of the prior year. 16 6. Notice of any uncured events of default by the District, which continue beyond a ninety (90) day period, under any Debt instrument. 7. Any inability of the District to pay its obligations as they come due, in accordance with the terms of such obligations, which continue beyond a ninety (90) day period. 8. Any alteration or revision of the proposed schedule of Debt issuance set forth in the Financial Plan. IX. DISSOLUTION Upon an independent determination of the Town Board that the purposes for which the District was created have been accomplished, the District shall dissolve upon payment or defeasance of �dl Debt incurred or upon a court determination that adequate provision has been made for the payment of all Debt, except that if the District has ongoing operation and maintenance functions authorized under an Intergovernmental Agreement with the Town, the District shall not be required to dissolve but shall retain only the power necessary to impose and collect taxes (subject to the Maximum Operation and Maintenance Mill Levy), Special Assessments or Fees in amounts necessary to pay for those Operation and Maintenance Costs. Additionally, if the Board of Directors of the District determines that the existence of that District is no longer necessary to accomplish the purposes set forth in this Service Plan, the Board of Directors of the District shall promptly effectuate the dissolution of that District. X. DISCLOSURE NOTICES The District shall provide annual notice to all eligible electors of the District, in accordance with Section 32-1-809, C.R.S. In addition, the District shall annually record a District public disclosure document and a map of the District boundaries with the Clerk and Recorder of each County in which District property is located, in accordance with Section 32-1- 104.8, C.R.S. XI. INTERGOVERNMENTAL AGREEMENT The form of the Intergovernmental Agreement required by the Town Code, relating to the limitations imposed on the District's activities, is attached hereto as Exhibit G. The District shall approve the Intergovernmental Agreement at its first Board meeting after its organizational election, and shall upon approval deliver the executed Intergovernmental Agreement to the Town. Failure of the District to execute the Intergovernmental Agreement as required herein shall constitute a material modification and shall require a Service Plan Amendment. The Intergovernmental Agreement may be amended from time to time by the District and the Town, and may include written consents and agreements of the Town as required throughout this Service Plan (e.g., amendments to address the District's imposition of Fees for services, programs or facilities furnished by the District pursuant to Section V.A.19 ("Fee Amendments")). Alternatively, such written consents of the Town may be obtained by the District without amending the Intergovernmental Agreement, and the Town and the District may execute additional written agreements concerning matters set forth in this Service Plan. In the event that the District proposes any Fee Amendment to the Town, the Town Board shall make its 17 determination as to such Fee Amendment in writing to the District within forty-five (45) days after submittal of the Fee Amendment by the District, unless the Town and District mutually agree to a different date. If the Districts collectively fund Public Improvements, then the Districts will also enter into an intergovernmental agreement regarding the functions and services to be provided by each of the Districts, and the mechanisms to be used by the Districts for the sharing of costs of Public Improvements. Full and complete executed copies of such intergovernmental agreement and all amendments thereto, as well as all other intergovernmental agreements and amendments thereto proposed between or among the Districts regarding the subject matter of this Service Plan, shall be submitted to the Town upon execution, and all such intergovernmental agreements and amendments thereto shall comply with this Service Plan, the Intergovernmental Agreement, and the terms of the Approved Development Plan or other instrument related to the Public Improvements. No intergovernmental agreements other than the Intergovernmental Agreement and the District's intergovernmental agreements are anticipated. Except for such Intergovernmental Agreement with the Town, any intergovernmental agreement proposed regarding the subject matter of this Service Plan shall be subject to review and approval by the Town prior to its execution by the District. Such Town review and approval shall be with reference to whether the intergovernmental agreement(s) are in compliance with this Service Plan, the Intergovernmental Agreement, and the terms of the Approved Development Plan or other instrument related to the Public Improvements. XII. NON-COMPLIANCE WITH SERVICE PLAN In the event it is determined that any District has undertaken any act or omission which violates the Service Plan or constitutes a material departure from the Service Plan, the Town may pursue for such violation all remedies available at law or in equity, including without limitation affirmative injunctive relief to require the District to act in accordance with the provisions of this Service Plan. To the extent permitted by law, the District hereby waive the provisions of Section 32-1-207(3)(b), C.R.S., and agree they will not rely on such provisions as a bar to the enforcement by the Town of any provisions of this Service Plan. XIII. CONCLUSION It is submitted that this Service Plan for the District, as required by Section 32-1-203(2), C.R.S., establishes that: 1. There is sufficient existing and projected need for organized service in the area to be serviced by the District; 2. The existing service in the area to be served by the District is inadequate for present and projected needs; 3. The District are capable of providing economical and sufficient service to the area within its proposed boundaries; and 18 4. The area to be included in the District has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. ILA EXHIBIT A Vicinity Map EXHIBIT B Initial Boundary Map and Legal Description LEGAL DESCRIPTION PARCEL 1 COTTONWOOD HOLLOW RESIDENTIAL METROPOLITAN DISTRICT A TRACT OF LAND LOCATED IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO,-BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID WEST HALF; THENCE S00018'14"E ALONG THE EAST LINE OF SAID WEST HALF A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE S00018'14"E A DISTANCE OF 2624.04 FEET TO THE SOUTHEAST CORNER OF SAID WEST HALF; THENCE S89055'12"W ALONG THE SOUTH LINE OF SAID WEST HALF A DISTANCE OF 708.81 FEET; THENCE N05054'04"W A DISTANCE OF 231.64 FEET; THENCE N30°42'25"W A DISTANCE OF 310.05 FEET; THENCE N59038'36"W A DISTANCE OF 73.63 FEET; THENCE N7$°48'01"W A DISTANCE OF 123.20 FEET; THENCE N16018'30"W A DISTANCE OF 305.07 FEET; THENCE N12048'12"W A DISTANCE OF 504.03 FEET; THENCE N26011'10"E A DISTANCE OF 228.92 FEET; THENCE N13030112"E A DISTANCE OF 100.66 FEET; THENCE N04009'08"W A DISTANCE OF 187.09 FEET; THENCE N7705721"W A DISTANCE OF 163.27 FEET TO A POINT ON THE CENTER SECTION LINE OF SECTION 14; THENCE N00007117"W ALONG SAID CENTER SECTION LINE A DISTANCE OF 42.48 FEET; THENCE N34026'39"E A DISTANCE OF 345.91 FEET; THENCE N70°27'39"E A DISTANCE OF 183.51 FEET; THENCE N34°12'35"E A DISTANCE OF B6.45 FEET; THENCE N01°45'32"E A DISTANCE OF 127.93 FEET; THENCE N42°34'20"W A DISTANCE OF 107.53 FEET; THENCE N50°34157"W A DISTANCE OF 145.48 FEET; THENCE S89055'22"E A DISTANCE OF 1071.60 FEET TO THE POINT OF BEGINNING, CONTAINING 64.04 ACRES, MORE OR LESS. 00-038/DWG/Metropolitan-District/LGL-DIST-1.TXT PREPARED: 11-19-03 REVISED: 03-09-04 LEGAL DESCRIPTION PARCEL 2 COTTONWOOD HOLLOW RESIDENTIAL METROPOLITAN DISTRICT A TRACT OF LAND LOCATED IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 14; THENCE S00007'17"E ALONG THE EAST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE S00007117"E CONTINUING ALONG SAID EAST LINE A DISTANCE OF 311.37 FEET; THENCE S57655'06"W A DISTANCE OF 15.86 FEET; THENCE S46°08159"W A DISTANCE OF 81.70 FEET; THENCE S14017'01"W A DISTANCE OF 299.30 FEET; THENCE S49"22'28"E A DISTANCE OF 56.74 FEET; THENCE S03016113"E A DISTANCE OF 33.66 FEET; THENCE S62*37'55"W A DISTANCE OF 36.80 FEET; THENCE S26039'40"W A DISTANCE OF 29.30 FEET; THENCE S05613'01"E A DISTANCE OF 184.28 FEET; THENCE S47°17'38"E A DISTANCE OF 36.28 FEET; THENCE S02026'30"W A DISTANCE OF 59.58 FEET, - THENCE S30054'29"W A DISTANCE OF 226.80 FEET; THENCE S03027'11"W A DISTANCE OF 212.60 FEET; THENCE SO4°05'07"E A DISTANCE OF 117.01 FEET; THENCE S25°08'52"E A DISTANCE OF 256.67 FEET; THENCE S04056'23"E A DISTANCE OF 488.16 FEET; THENCE S12607'10"E A DISTANCE OF 150.75 FEET; THENCE S29004'16"E A DISTANCE OF 217.63 FEET TO A POINT ON THE SOUTH LINE OF NORTHEAST QUARTER OF SAID SECTION 14; THENCE S89055'12"W ALONG SAID SOUTH LINE A DISTANCE OF 56.46 FEET TO THE CENTER QUARTER CORNER OF SECTION 14; THENCE S89056'54"W ALONG SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 14 A DISTANCE OF 1303.91 FEET TO THE SOUTHWEST CORNER OF SAID EAST HALF OF THE NORTHWEST QUARTER OF SECTION 14; THENCE N00015'46"W ALONG THE WEST LINE OF SAID EAST HALF A DISTANCE OF 1059.93 FEET; THENCE N89056'37"E A DISTANCE OF 468.64 FEET TO A NON -TANGENT POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 16000107" A RADIUS OF 1135.00 FEET A DISTANCE OF 316.99 FEET WHOSE CHORD BEARS N08025148"W A CHORD DISTANCE OF 315.96 FEET; THENCE N00°25'44"W A DISTANCE OF 314.08 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 11°25'12" A RADIUS OF 1135.00 FEET A DISTANCE OF 226.22 FEET; THENCE N10059'27"E A DISTANCE OF 225.17 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 11*15114" A RADIUS OF 1015.00 FEET A DISTANCE OF 199.37 FEET; THENCE N00°15'47'W A DISTANCE OF 297.70 FEET; THENCE S90000'DV E A DISTANCE OF 802.30 FEET TO THE POINT OF BEGINNING, CONTAINING 55.66 ACRES, MORE OR LESS. 00-038/DWG/Metropolitan-District/LGL-DIST--2.TXT PREPARED: 11-19-03 REVISED: 03-09-04 LEGAL DESCRIPTION PARCEL 3 COTTONWOOD HOLLOW RESIDENTIAL METROPOLITAN DISTRICT A TRACT OF LAND LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 11; THENCE N00607'16"W ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE N90000'00"W A DISTANCE OF 802.43 FEET; THENCE N00°15147"W A DISTANCE OF 636.73 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF OF 1015.00 FEET A DISTANCE OF 190.63 FEET; THENCE N11*01'27"W A DISTANCE OF 796.41 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF OF 1015.00 FEET A DISTANCE OF 37.13 FEET WHOSE CHORD BEARS N10°05'13"W OF 37.13 FEET; THENCE S90000'00"E A DISTANCE OF 582.09 FEET; THENCE S020I4'18"E A DISTANCE OF 147.11 FEET; THENCE S01035'33"E A DISTANCE OF 227.04 FEET; THENCE S67607'59"E A DISTANCE OF 79.46 FEET; THENCE S41030'13"E A DISTANCE OF 109.75 FEET; THENCE S28916'04"E A DISTANCE OF 142.91 FEET; THENCE S15004'29"E A DISTANCE OF 123.50 FEET; THENCE S19°15'37"E A DISTANCE OF 118.72 FEET; THENCE S01°03'51"E A DISTANCE OF 131.94 FEET; THENCE S45024'51"E A DISTANCE OF 139.51 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE S00007'16"E ALONG SAID EAST LINE 10°45'40' A RADIUS 01052'28' A RADIUS A CHORD DISTANCE BEGINNING, A DISTANCE OF 570.36 FEET TO THE POINT OF CONTAINING 26.33 ACRES, MORE OR LESS. 00-038/DWG/Metropolitan-District/LGL-DIST-3.TXT PREPARED: 11-19-03 REVISED: 03-09-04 3 any r � 3 6 4 r 5AM AVE. (%F M 22) — — — — — — — s smsr t ,DTLIW pp` R� 4)0� b+'i F l aa� u Ya b� .w,ES h SUSw rb7CCES �LcneovnrcE CU m� i atc 30;7I It IwaCrL 7Jiltsp0ippiy fic%wr t XELCaugur KWOU mm of 8.0,,W wr, = awar arc. rBijpll PARAL W.70400m1 R. ,a lie �? b 9550 duoC ROL to GP�Mfl'F Lcw •ELL CO ca to LLh/WdYT, CO d0501 A= Iasi= PARCEL r3tjt4X $S COTTONWOOD HOLLOW RESIDENTIAL METROPOLITAN DISTRICT LEGAL ExMBIT TOWN OP COW— WBA COIBM STATE OF COLORADC BFE er 2 OF 3 u LEGEND menm cow _ o.awmt 0a m "a' Farm _ O T" i Real T.urRr on C.Vmv swnf uc 975 S. LAW SI ca+cvave, co am) QW0 747.T47a PMCa 231J14Jatao4 PARCEL 2 55.66 Acres swvn.-E a.s161! bl[3a0a o-tam'or om-st�ka' aa.11oe�s•.atir 111 rrmarlr.wv�rw IN>atKlR+�i/ RM .R.O t 1/l IIW V Y 6Yf[ I I Nx� aF a.4.4i L tln� I I� N Nnn131 1a- 14M �I I L-.22ei a�r=rt Mir k113.i' fl4 Itpa -W—W 2Y7.7a• e.nvs•Ir a.1s5.37 It oil= I b•IIISYa' i I 52670'a0 Siam 9Lv.4eM tL1MO la 1ttN' rm'c tease' tM77�ti at. asitr ISae' is c — — —smn71Kslt.sr swonMyv a I� i lip b!!•RtlL[[YVt'rw i6fbleaawaw�.le rowaN'/caa ! 1 F� I � weirb L 11pe m ! Fn AN N ! ! FXIEWT*w Mw 1313-1a-ZRE1400 ! I COTTONWOOD HOLLOW RESIDENTIAL METROPOLITAN DISTRICT LEGAL EXHIBT TOM OF F FWMM WaD COl�1FiY, 9TAIM OF OOLO MM SHEE73OF3 1-Mor R.1013.w PARCEL3 F 26.33 Acres re. r .ir ru. w v.cw u 111n• ! 131, I' � $01'Q7'sl Y0RD7Y6i/ SQGC I smrs" TYAL' :10+aoo R a.01'st'=C aa.3t 1Y 0 LEGEND >,o coR.[R • arbosm 1w9 n a¢ac cane am[ w f[11 r.lr — EXHIBIT C Inclusion Area Boundary Map and Legal Description LEGAL DESCRIPTION PARCEL 4 COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT A TRACT OF LAND LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 11; THENCE N89°53'17"W ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 590.38 FEET TO THE POINT OF BEGINNING; THENCE S00°C7'17"W A DISTANCE OF 52.53 FEET; THENCE S880CI'53"E A DISTANCE OF 90.63 FEET; THENCE S15052'31"E A DISTANCE OF 292.44 FEET; THENCE S02°14'18"E A DISTANCE OF 653.09 FEET; THENCE S90000'00"W A DISTANCE OF 582.89 FEET TO A NON -TANGENT POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 01052'28" A RADIUS OF 1015.00 FEET A DISTANCE OF 37.13 FEET WHOSE CHORD BEARS S10°05'13"E A CHORD DISTANCE OF 37.13 FEET; THENCE S11001'27"E A DISTANCE OF 796.41 FEET A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 10045'40" A RADIUS OF 1015.00 FEET A DISTANCE OF 190.63 FEET; THENCE SOD°15'47"E A DISTANCE OF 636.73 FEET; THENCE S90000'00"W A DISTANCE OF 515.22 FEET; THENCE N00017'57"W A DISTANCE OF 2630.43 FEET; THENCE S88°49'57"E A DISTANCE OF 21.13 FEET A POINT ON THE WEST LINE OF SAID EAST HALF OF THE SOUTHWEST QUARTER; THENCE N00°00'11"E ALONG SAID WEST LINE A DISTANCE OF 4.52 FEET TO THE NORTH WEST CORNER OF SAID EAST HALF; THENCE S89053117"E ALONG THE NORTH LINE OF SAID SOUTH WEST QUARTER A DISTANCE OF-114.32 FEET TO THE POINT OF BEGINNING, CONTAINING 37.86 ACRES, MORE OR LESS. 00-038/DWG/Metro-District-Commercial/LGI.-DIST-4.TXT PREPARED: 01-15-04 REVISED: 03-09-04 LEGAL DESCRIPTION PARCEL 5 COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT A TRACT OF LAND LOCATED IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH WEST CORNER. OF SAID EAST HALF; THENCE S00015'46"E ALONG THE WEST LINE OF SAID EAST HALF OF THE NORTHWEST QUARTER A DISTANCE OF 551.05 FEET TO THE POINT OF BEGINNING; THENCE N81°08'27"E A DISTANCE OF 64.02 FEET; THENCE N64018144"E A DISTANCE OF 492.53 FEET TO A NON -TANGENT POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 11015'14" A RADIUS OF 1015.00 FEET A DISTANCE OF 199.37 FEET WHOSE CHORD BEARS S05021'50"W A CHORD DISTANCE OF 199.04 FEET; THENCE S10°59'27"W A DISTANCE OF 225.17 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 11025'12" A RADIUS OF 1135.00 FEET A DISTANCE OF 226.22 FEET; THENCE S00025'44"E A DISTANCE OF 314.08 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 16000'07" A RADIUS OF 1135.00 FEET A DISTANCE OF 316.99 FEET; THENCE S89056'37"W A DISTANCE OF 468.64 FEET TO A POINT ON THE WEST LINE OF SAID EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE N00015'46"W ALONG SAID WEST LINE A DISTANCE OF 1047.84 FEET TO THE POINT OF BEGINNING, CONTAINING 11.66 ACRES, MORE OR LESS. 00-038/DWG/Metro-District-Commercial/LGL-DIST-5.TXT PREPARED: 01-15-04 REVISED; 03-09-04 a COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT TMWmFnKWUM, VEM COUM UMMnF COWMW CoTowwomuouaw COMMUMALMMDPOUTAN DMTR= BOUNDARY 71 If F:G, I-, T-, Lf'H PARCELS PARCEL4 '--- HVELD 37.86 Acres 11.66 Acres 55.66 Acres SEM cres 26.373 Acres .7 Afl --- RUMENTUALMUMOPOMM DISTRICrMUNDARY ro . -- --- --- --- --- ------ --- -- ------- - ' --T--- --- COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT SHEET 1OF2 III crm�rnrtrterrrw pnrn�r.rt.er +EY.1r; s iNt', 1'lFiDIG! 1,01iii i Y Ir Y4Y .S Itpppd'1tY PARCEL. 4 �. raanur.rdrrr t 37.86 Acres;�P�. n»+maau rNo 1i313--I4-21ti+400 I a1an.t65/ - aro.somtiat :-; Zl orio.ai u �I� � c-,oaa� �Y c �.,• - iti armutC a ap+Sar c aw�r ! cl - I 1II • � �r j U - OUNDO a+ we n ara vawr sssY p i° r - ? fi too o m `� •`t *o.c a. car 7v •yam Mom— .w I N y Y.3 sreaoamrno.�.arrY ` I EX-...:C•JG O:'SINli 'VG.:..". ACC r 49 y{ L, f! 4i DEL GtMW Sum 4C 2" S YAW ST. IONGA 11T, CO eaml AM JN7.Naa PrRRL UM410taat COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT LB 3& EMBrr TCM CF RMM0 4F WUD CMNff. FrAM CF COKE M BQW2CF2 ....:;r � ;i•iia :.:3i•ii[•i:ir .......L :rril•f � . ?,i k;„�.o b.16vn?* Tm.15&w C70.506w46Y CNO.S16S6 PARCELS 11.66 Acres L.Y16A2 A.11aw e.nzY1Y Ta ,13.11 0 scenes mesa • m1o1s1a1 UK 10 00m rare+ wr a tde ,ae afp11,e1tltt/Ior4aAp se>vxr,uatcva !vro,.ir wr er. m � I I tee n..m v our 1 I � soaf6•.o� 1dL05 .' .� s I � I�! per E%Et1PTi0N fle. 1313-14-ME1400 Be gggg I =1➢� JY t.100.ri u-101aap I e.11ros'1r Ttln10p160 O® P1a.,9S.Ot CKD-1".04 N I rp'q a.Ir �. rr �� COL 4 6111:310 1 Financial. Plan I UIN2017 O CNAD FinPlan l7 corroNwoon moLLowmeyRoaoLiTAN wsTmcr(Realdanstoo DaeflePelQM P"cilan at 95-M (Immeo min for Deal Bemke, Pots teat Selka 2023, General Oa9gaden Bootle, Aaswnes hnestrs+enlGrads. IM, 3O+yr. Matwlh; Plus Serlea 20230 aaa4.Flaw 6u9e ee«««RealbMW>.sa sa>s Bower A.WV.1w 9fem4A a r.3o% TOM lbw%nr 4>ttmt4.tlr. Q7Baitn < PlanedMovel9Ped Lon . A*d Veer W.7dm Wanld paMal ofloe% Tani fee am Levy eta B91 LwF aa.Tom TOM Taw caaaww ofmww As -a Ilu" wo cwwftm cdcomw Facafw AVIM" 2016 0 0 0 a 0 M17 0 0 0 55277 a 00 a 0 Za78 0 0 0 0 425.000 0 0 86277 0 0 a 0 2019 10 4.421,700 0 5mrI.m a a eS.217 0 a 20.900 20.000 2020 led 9BA34 61,231.702 0 6,18aaw 123.250 123.260 952" 4.077 401 332,900 320.077 Z921 283 125,131AZ1 316,392 10205A0o I,690,O6O 1,86e,412 55277 101.215 4.073 526.000 533286 2022 24a 2,562,629 243.376.539 4,400,661 tO,4310.0m 7.782.345 61201.025 55277 335.019 20,ISS 732.000 1.088.074 ZD23 203 390,936A31 9225,482 0 2.959.740 12.165.= 55277 660.030 30.403 592,000 1.501AB8 2024 0 21,450.103 SM50ZA29 17.5n.111 0 1,O27.ItO 20.550,421 55277 1.113.245 86.795 a t,160,041 2025 0 302.592A20 29,067.437 0 0 25.987.437 55277 1.407,777 $4.467 a 1,412.244 2025 0 22,9SSA7O 409,546.399 Z7.545,664 0 0 27,548,6e4 55277 IA02.241 00.535 0 1,581.779 2027 0 409,548,309 27,546.a84 0 a 27,546,684 55277 1,492244 09.535 0 1,561,779 2020 0 Z4,732= 429.e6I,303 29.100,405 0 0 29,109,466 6S2T7 1.501.779 94.007 0 1A76A05 2029 0 429,ea1,303 29.199.456 0 0 29.199.4e5 55271 1,591.779 94.907 0 1.676.655 2030 9 25.792.078 455,a74.757 30.951,454 0 0 30,93t,454 55277 1,675A65 100.001 0 1,7T7257 =1 a 455.474.101 30,051,434 0 0 39AS1,454 55277 11676ASS 10001 0 1.777,297 2D32 0 27.UD,467 483,014A32 d2.6ae,541 0 0 52.808,841 5527i 1.777267 100.037 a IAl".924 2033 a 4e3.O14,022 32,e06,541 0 a 32.806.541 55277 1,i77267 105.637 0 1A03.024 20M 0 28.960A7O 571.995Ato 34.777A64 a 0 34,777A94 55277 1.003.M 113.015 0 1.906.059 2035 0 91t,99SA10 34,777.%4 0 0 34.777,054 55277 1.683.024 113.035 0 1,996.959 2a56 a 30.7191731 542.715141 26,e62A77 0 0 35.663,677 55.277 1,996,059 119,816 a 2.116.777 2037 542.715" 36,663,677 a 0 36363.577 55277 1.996.959 110.816 2.116,777 2033 32.552.914 575,210.155 30.075,497 0 0 39AYSAGY $5217 2.116,777 127.007 2243.753 2030 575,275.155 S9,D79.497 0 0 38.076.407 15.277 2,It6,777 127.007 2.243,783 2040 24,619,689 809.794A44 AIAW,027 a 0 41,420A27 56.277 2243,703 t34.027 2.375,410 2"1 609.704A44 41,420A27 0 a 41,42OA27 55277 2,243,782 MA27 2.378.410 2D42 36.587.691 646.302.535 43,905229 a a 43,009=9 SS.217 2279,40 142,705 2,521.115 2043 646.362AM 43.005.= 0 0 43.905229 55.277 2.378A10 $42.705 2,S21.115 ZD44 30.792.052 665,766,437 46.632.543 0 0 46.539.543 55277 2.621.115 151207 2.572.382 2045 686,IS6.457 40,639.543 o a 49,539,543 55277 L521.115 151207 2,672,382 2046 41.109,929 726275,410 492378t5 0 0 49,331,915 55.277 2.672,36Z 160,343 2AM.725 2047 725276.416 40,331.9t5 0 a 40,221.119 $5.277 2.572,352 180,343 ZA32,725 2048 41A75A26 769.051.041 62291,530 0 0 62,291,830 55277 2832,723 169,983 3.002.888 2949 769,651,941 MMA30 0 a 5229t,030 55277 2.532,726 169,903 3.002.686 2050 46,191.116 816.043.058 $9,429.340 0 0 68,420,340 55277 3.O02A59 183.161 3,162.950 2051 615,043,055 55,429.341) 0 0 55.421.340 55277 3.002A08 160,18t 3.192,850 2052 48.982,561 MAOSAO 561755.1w 0 0 50.755,100 66277 3.1 IMAM 190.271 3.373.021 2053 085,006.547 65,765,100 0 a 5e,70,103 55.277 3.IOZAS9 160.971 3.373.021 9411 506,720,072 69,344.139 3A89A45 2.M0 . 72AZ6,797 !•I,4wmA 2%64RQ aw k4lanca Bata 17 RAR Q 7.96% qru 2017 R 10 LB Fin PW#CPB 1) A OAV I OWN ,y Preo,.d by DAWaid&M 4 G. Omit Pot dw-on P.P-Qt4y. 1 COfl17NMODNQUOWME ROPOUTANDISTMCT(ResNandaq 17,E s1AVIUSON OaYaNpmmtt PrDJsCllmt At aa.377 [fupe6 MMI Tor Qabl Berska. Fftl ales F..... Bayles 2023, 4letmral Ob9pallm Bands, An nms blraShMid Grade, 13034 30yr. M3tut8y; plus $41M8 2023E Ca"&WSubs YEAR MAuftbk Im Debt aw sac ou 17a,u0im P. plat s19.272 Y411 Kw Imbt ow"m Amwd 6mon sumha adeun A tDstiFTA" mnulaaw emidar MJW.MTAftst Dabs Aussud Raao Deae Aatl Habq Ra1fe C". e} Nel om ®47.717 T410r1 Cm e} Nat D4 43 66577 Cap 2010 0 Ms lair a ms 0 a& Na 0.0% 0.0% 201E 0 Na 0 No Na OA% 0.0% 2019 20,000 Ne 0 0% 0% 0.11% 0.0% 2mo 339,077 Ma 0 0% 0% 0.9% 0.0% 2921 533,298 rds 0 0% 0% 0.0% 0.0% 2072 1000.074 Ma 0 150% 5% 0.0% 0.0% Z023 1,591,899 s0 1,501.505 1,591Amb 86% 5% 0.0% 0.0% 2024 1.110.041 902A00 277.2A1 0 1,888,937 75% 5% 130.1% 130,r% 202E 1,492,Z44 1,143.000 349.244 IB1,181 1.037AOD 10% 5% T30A% 130.B% 2m 14a1.779 1.143.400 436,379 438.37D 7,Os7,Bp0 15% 6% 139.3% 135.3% 2027 I,561,779 1.142200 438,579 435,579 1,957A03 a3% 4% 13$A% 138.4% 2028 IA74,569 1,147,400 529=5 520.285 1,05702 01% 4% 146.1% 146.1% 2929 11070.005 1.145,a00 630,886 530.865 1.057,000 95% 4% 148.3% 140.3% 2030 1.7772a7 1,143.6m 833,567 033,8a7 1.957.001 55% 4% 163,4% 159.41A 2031 1.777,287 1,145,800 631.407 031.457 1.937,0013 50% 2% 155.1% 155.1% 203Z 1.063,924 1.147200 735.724 73a,724 1.057.000 42% 3% 1842% 104.2% =3 1Aa3,924 1,14b600 741.124 141,124 1.057,000 45% 3% 164.9% 164.9% 21M 1,996,959 1,147A00 a49.150 a49,159 1,057.003 43% 3% 174.0% 17A.0% ZC35 1a98,090 I,148A00 aso.169 850.169 1,057A00 39% 3% 174.1% 174.1% 2036 2,118,77-1 11145.000 971.777 071,777 11957=0 34% 3% 184.9% 104.0% 2037 2,110,777 1,147.400 989.377 060.377 1.057,0D0 34% 2% 1845% 114.5% 293a 2243.7a3 1.143A00 1,009,083 IND.63 1.057.000 33% 2% 1952% 1902% 2039 2,7A3,783 1.144.400 1.099,383 1.909,383 1,957,000 29% 2% 196.1% 128.1% 2040 2,376,410 1.144,00D 1.234.410 1.234,410 1.987.000 28% 2% 207.8% 297.9% 2041 2,27a,410 1,147A00 1,230,010 1=.Sl0 1,957,000 24% 2% 907.3% 207.3% 2042 2A21,115 1,149,000 11378.115 1.274.ri6 1.057.000 23% 2% 220.2% 2202% 2043 2A21,115 1,146,400 1,3T4.715 1.374.715 1,957.000 20% 1% 219.9% 219.11% la44 2,072.MZ 1.140,600 1.625,7a2 1,625,782 1,957.000 10% 1% Z33.1% 233.1% 2045 2,872,362 1,145,908 1.626.762 1.626,782 1,957.066 10% 1% 233.3% 233.3% 2D45 2,832,723 1.143,400 1.889.325 IA69.325 1,257.000 14% 1% 247.7% 247.7% 2047 2,832,725 1.145.000 11667.726 1AaT,729 1,267.000 11% 1% 247A% 247.4% 2041 3,002,66a 1,148.200 1.957.450 1,557,46a 1,07A00 10% 1% 2a22% Z82.2% 2040 3,ODX86B 1.144,000 1,850,688 1,86a,888 1.957.000 6% 1% 282.5% 202.5% 2050 3,162,a30 1,148,400 2.036,459 2,036,480 1.957xo 6% 0% 27704 277.B% 201 3,1aZ,630 1,147=9 2,035.85a 2.035A50 1,937A00 4% 0% 277.4% 277A% 2032 3,373.631 1.145.400 2.227.421 2.227.421 1,057.M 2% 0% 294.3% 294.3% 2053 3.373.821 1,1MAao 2.220,021 4,195,521 D 0% 0% 294.0% 204.0% 72.826.787 34.117.000 30.029,349 se,620.349 ' Prepm d by D.ADaddmDn A C.. 11M41"17 0CIW0 Fin Plan 17 R 10 LB Fin PLB"CFa OrR F> m+wrrtsn pvpwrs Per. COr► NWDW trotlOWMErnoPouTANDISYMCF(Ro$ktinko DmIopmeM Peojec6on al 5517r paf ph SODS far Dahl Semfce, plea tow Series 2D23, 00110M ON9214on BanCh. Atsum s brvestmontGrada, 130u4 301f. Olstewltp; plus BBAss 26L751 Cashflms Subs Cob}7w. Subs, s s s auroras Taal tub Le. P.V r amiud Aw a w faf App0..0m Daa A7tlaba fm 0an4 bwesl To and abrw Laos Pwpmtl eAmef of sub Benda left papmeers Bmlwx or Oob m PH. V. Bonds _ Sob ab aalr v Sub Bmq .IM, ee Bd a TowmdAmemed Acwtwd PAm1p1 Teasrd Bend Sub 2018 2017 2015 2019 2020 2021 2m 2023 0 IVIA13 0 $25.549 so 2024 0 0 0 733,00 0 2025 261.191 0 281.161 733,950 251.161 2C2a 435,371) 0 435.379 733,95D 438,170 =7 436,579 0 438,579 733,950 426.570 2D24 520 SS 0 529.285 731,030 629286 2029 530,555 a 539,085 733,960 530,555 2030 033AU 0 633.657 732.250 033A87 2Q31 531,457 a 831,497 733,030 031 AV 2032 736.724 a 738.724 733.950 733.950 2033 741.124 0 741,124 732,9a0 731.0aa 2m 840,159 0 849.150 733,950 733,s" 21M 850.159 a 8501159 T33.950 733.930 2036 971.777 0 971,7T7 133.950 733.850 =7 950,377 D 989,377 733,050 733.050 2038 1A99.983 0 1.11119.1113 733.050 733,950 21139 1,009.393 a I,090,313 733.950 733.950 2040 1.2UA t0 0 1,234,410 733.1150 733,950 2841 1,Yma,510 0 1,230,610 733.950 732.950 2042 1.376,116 0 1.278.116 733.960 731,950 2045 1,374.715 0 1,374,715 733.960 T33,950 20" 1,525,7112 0 1,525,782 733.95O T33.950 2045 1,526,782 O 1,5211,762 733.050 732950 MIS 1.886,325 0 SA89,32s 733.950 733,95D 2047 1Aa7,725 0 SAar,725 733.950 733.95D 2045 1.857,480 D 1.857,AB6 T33.050 733,950 2049 1.856A85 970 1,A59A07 WAS 727.429 2050 2A311,450 242 2038A92 542525 042,625 2051 2,035,550 157 2035,815 337.075 537.9711 2G52 2.227.421 841 2228,282 425,700 425,700 2053 4.119,821 a 4,1ea,a21 U0,5s0 290,550 38020.340 2,221 $8.631,577 21,001.456 18AB4,BOr 11114=7 aCKWOFIn PIAM17 5211,541 30 MB,843 1116,7118,1100 736491 a 784.623 630,117 0 1,284,750 392,67a 0 1A67,427 421,926 0 2.109=0 362AN D 2.472.222 21111,481 a 2A60,703 214,816 0 3.175.519 340A27 0 3.516.147 283.711 2,774 3,777,014 283,281 7,174 4A53.102 303.989 116.209 4.241,972 315.148 116.209 4,443,910 333.393 237.627 4.539,377 340.453 236,427 4AN,404 34BAM 300.033 4A26,700 347,Oa3 3e5.433 4.900,270 345.820 6001460 4.463,430 334,007 496,= 4.200.676 321.703 04219E 3.070.205 297,705 040.768 7.527205 272.444 701,032 3.1D7.4114 233,058 702A32 2A47.63a 191.073 053,373 1,763.33a 133.76a 953,775 003.311 72.24a 1,035,560 D a 0 D a 0 0 0 0 a 0 0 0 a 0 0 6,255,TOB 8.265,709 9,7B6,OD0 COI IMP SP3,560 Pwweds: 9.4M420 R 10 LD F'BI PmmCFB D 0,711a.000 0 9,7a8,0p0 D 9.rea,aao D 9,Ta6,090 D 8,788,90a D 9,ree,DaD 0 o,ree,DOG D 9,788,000 D o,r6B,DDD 0 0,786.D0a 0 BaBB.DOD 0 0.708,00D 0 8,789.Oo0 0 9,759A9D 0 0.7dB4O00 0 B.M.000 0 9,745,00D a 9.7a8,000 0 9.7ae,Ooa 9 2,786,000 0 9.718.000 0 9,786,00a 0 9.708.000 0 9,7a6,oa0 07,000 oAo9,000 1.132a0D 5.667,000 1,394A0D 7,1T3,000 1.407,000 6,876A00 1A021100 3,674A00 3,674,080 Q 9,765.900 1) A 0?,117Dti1)N Teal I ewpim But= dim. emplsf Sob. Debt Osb liar Reruns 9 D 261,1e1 43e,sr9 43e,6r9 szaaes s3o,ees 533.417 531,407 738.724 T41,124 549.159 a50,159 971.7T7 889.377 5,089,983 t.099.353 1.234AI0 1,230AID 1.376.115 1.374,715 1.525.782 1.525.702 1499425 1A57,726 1.850.510 1,099.428 2,030.125 2A34A75 2.227.700 4,104.530 36.M.517 0 D D D G a 0 9 0 G 0 a 0 0 0 0 0 0 a 0 9 G a 0 a 970 037) (75) 676 12701 22271 22 632 0 D 0 D 9 D 0 v 0 0 a a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 22.832 22a32 D D 0 0 D 0 0 0 0 0 a a D 0 a 0 0 0 a 0 0 D 9 a 0 9T0 242 167 641 582 0 Plepm.db7 DAD-kh—s cn Draft Fm dmmieapu - *, 3 K-3 �x r� r�e� �r�wrNin�nn Lei �ri��ne�i r�i r�Nr�r~i n`�in �eiR���ni :t RrE �R�'! +n'lRRAAR�'IA RAR AA A AAA R^.R ^.BABA ram. ^•�{� oao: "'&�Fi �.S �S n�^�wr:��♦wi+G♦: :pin�Oa �w� f3 r y��.�xSw�oZ ♦�.�Mi. �.�p pX nA n� of rl�AnNAr p��ry r'pf n tiOG/f IIOm�tlei �iM1A I� ., 3; o ea�r'14 SwoeO r� o� $ R y F8 _•^------ RnN2 F1gR diflARANA R$o .; ni 8 x I� A a pp p22 _ NfN1 Ya1 M O n M n N N N n n N N M N N N N N N Yl N N N n N N �ag��444 a m e�-sn i�'�A- v-Z It K: g �„ xe w-t YEAR 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2028 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 COTTONWOOD HOLLOW METROPOLMAN DISTRICT (Residentlao Development Pmjectlon — Bulldout Plan (updated 11114117) Residential Development D Lob 0everd brcrl(cleer) In Flnlehed Lei Value a 10% 0 Unlb CentpluMd 183tuffst Price Mated Q 2% Market Val= 0 0 $235,000 0 0 0 235,000 0 0 0 239,700 0 90 2.115,000 244.494 0 93 70,500 90 249,384 22.444.549 0 (2,185,600) 93 264,372 23.656,655 0 0 0 259,459 0 0 0 a 264.648 0 0 0 0 289,941 0 0 0 0 275,340 0 0 0 a 280,847 0 0 a 0 286.464 0 0 0 0 292.103 0 0 0 0 298,037 0 0 0 0 303,988 0 0 0 0 310,078 0 0 0 0 316,279 0 0 0 0 322,606 0 0 a 0 329,057 0 0 0 0 336,638 0 0 0 342,251 0 183 0 183 46.101,104 11M 42017 0 CHMD Fln Plan 17 ft2k 2 • SFA btcrllDscr) In Flnlohed Lot 0 Unite Price a Le12 Value a Completed I:+fhtad a 0 0 0 0 0 0 0 0 0 0 126 6,174,000 80 (2,254,000) 0 (3,920,000) D a 0 (1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 fl D 0 206 0 R Abs Market Value $490.000 0 490.000 a 499.800 0 609,798 0 619.992 0 530.392 0 128 641.000 68.165,049 80 661.820 44,145,567 0 562,858 0 0 674,113 0 0 585,596 0 0 597,307 0 0 609.253 0 0 821.438 0 0 1333,887 0 0 646.545 0 0 659.475 0 0 674665 0 0 686.118 a 0 699.841 0 0 713,837 0 203 112,311,616 � . WAIDAVIDSON a10s t--ADh k1od11Decr) In Finished Lot 0 Unus Price 0 Lela Value a Conlplatod Mated S Market Daverd 101A 170 target 2% Value 0 0 $235,000 0 0 0 235,000 0 0 0 239,700 0 a 0 244,494 0 170 3,995.0110 249,384 0 0 (3,985,000) 170 264,372 43,243.165 0 0 0 259,459 0 0 a 0 264,648 0 0 0 a 269.941 0 0 0 0 276.340 0 0 0 0 280,847 0 0 0 0 286,464 a 0 a 0 292.193 0 0 0 0 298,037 0 0 0 0 303,998 0 0 0 0 310,078 0 0 0 0 316,279 0 0 0 0 322,605 0 0 0 0 329,057 0 0 0 0 335,638 0 0 0 342.351 0 170 0 170 43,243,165 Prepared by DA Darlaton d Cm 5 2016 2017 2018 2019 2020 2021 2022 2023 2024 2026 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 COTTONWOOD HOLLOW METROPOLITAN DISTRICT (Resldentlao Development Projection - Sulldout Plan (updated 11114MT) Block 4 - nonlox tnerneecr) In Flifthed Let 0 Uri Pdce 0 Loh Value a Camplated In lobed Q Markel Devei'd 10% 82 to 2% V" 0 0 $390,000 a 0 0 380,000 0 0 0 397,800 0 0 0 405,756 0 0 0 413,871 a 12 468,000 42ZI49 0 80 2.652,000 12 430,592 5.167.098 0 (3,120,000) 80 439,203 35,136,267 0 0 0 447,967 a 0 0 0 456,047 0 0 0 a 466,086 0 0 a 0 475,408 0 0 0 0 484,916 0 0 0 0 494,614 0 0 0 0 504,507 0 D 0 0 614,597 0 0 0 0 624,889 0 0 0 0 536,388 0 0 a 0 548.094 0 0 0 0 657,016 0 0 0 568,156 0 92 0 92 40,303.396 11114*07 G CHMD Fla Plan 17 qql�. I) A )AVI1)SON 0 Loh Deverd tned4Ceer) in Flntehad Lot Taxable Saks 10% ftfook 0 Unite Compland to urgal trice hdhted 2% Market Volus 0 Lou Dmmrd In 00scrl In Flnlshad Lat Va1rm ® 10% Block 7B - TN 0 Unite Price Carmlated brtklad ® 66 large! 2% Markel V1618 0 0 $425.000 0 0 0 $330.000 0 0 0 425.000 0 0 0 330,000 0 10 425,00D 433,600 0 a tl 336.600 0 76 2,805,000 10 442,170 4,421,700 0 0 343,332 a 0 (3,230.000) 76 451,013 34,277,018 0 0 350.199 0 0 0 0 460,034 a 0 0 367,203 0 0 0 0 469 234 0 SS 1.848,000 364,347 0 0 0 0 478,019 0 0 (1,548,000) 56 371,834 20.811.482 0 0 0 498.191 0 0 0 0 379.086 0 0 0 0 497,955 0 D 0 0 380,648 0 0 0 0 507,914 0 0 a 0 394,381 0 4 0 0 518,073 0 0 0 0 402.268 0 0 0 0 528,434 a 0 O 0 4111,314 0 0 0 0 639,003 0 0 0 0 418,520 0 0 0 0 549,783 0 0 0 0 426,890 0 0 0 0 560,778 0 0 0 0 435.428 0 0 0 0 571,994 0 0 0 0 444,137 0 0 0 0 683,434 0 0 0 0 453,010 0 0 0 0 $95,103 0 0 0 0 462.080 0 0 a 0 SOT,= 0 0 0 0 471,321 a 0 0 619,145 0 0 0 480.748 0 86 0 88 38,698,718 a 58 0 66 20,811,482 Pmpamd by D.P. Davidson 6 Co. R Abs 1-1 1 COTTONWOOD HOLLOW METROPOLIT AN DISTRICT (Residential) I3 A'DAV I OS ON Development Projection — Bulldout Plan (updated 11114117) YEAR a tole Naverd 6urn0ear) In Finished Lot Value® 10% jllock 8 - TN 11 UnOs Moo Completed hr0ated 155 target 2% Market Value Residential Summery Total Realdenllal Market Value Total SPOa Total Oupleid rH Total Apta Total Real Unft Total Rest Facility Fires 44 $2A001ueff Value of Plaited A Beveloped Lots Adjus!M2L AgLusted Value 2016 0 0 $330,000 0 $0 0 0 0 0 0 0 0 2017 0 0 330,000 0 0 0 0 0 0 0 0 0 2018 0 0 338,600 0 0 0 0 0 0 0 0 425,000 2019 0 0 343.332 0 4,421,700 10 0 0 10 20.000 0 4,920,000 2020 0 0 350,199 0 66,721.568 76 0 90 166 332,000 0 835,500 2021 108 3,564,000 357.203 0 66,899,720 0 0 283 263 528,000 0 4,025,500 2022 47 (2,013,000) 108 354,347 39,349,440 112,682,487 126 120 0 248 492,000 0 233,000 2023 0 (1,551,000) 47 371,634 17,466.779 117,560,095 90 183 0 263 526,000 0 (10,432,000) 2024 0 0 0 379,060 0 0 0 0 0 0 0 0 0 2025 0 0 0 386.640 0 0 0 0 0 0 0 0 0 2026 0 0 0 394.381 0 0 0 0 0 0 0 0 0 2027 0 0 0 402,260 0 0 0 0 0 0 0 0 0 2028 0 0 0 410,314 0 0 0 0 0 0 0 0 0 2029 0 0 0 418,520 0 0 0 0 0 0 0 0 0 2030 0 0 0 426,390 0 0 0 0 0 0 0 0 0 2031 0 0 0 435,428 0 0 0 0 0 0 0 0 0 2032 0 0 0 444.137 0 0 0 0 0 0 0 0 0 2033 0 0 0 453,010 0 0 0 0 0 0 0 0 0 2034 0 0 0 462,080 0 0 0 0 0 0 0 0 0 2035 0 0 0 471,321 0 0 0 0 0 0 0 0 0 2036 0 0 480.748 0 0 0 0 0 0 0 0 0 166 0 155 66.815,219 368,285,569 292 303 353 948 1,898,000 I 0 0 11) Ad). to actuMpropm. AV Prepared by O.A. Davidson 6 Ca 11I74@017 G CHMD Fin Plan 17 R Abs 7 9,111 DAiDAVIDSM SOURCES AND USES OF FUNDS COTTONWOOD HOLLOW METROPOLITAN DISTRICT (RESIDENTIAL) Combined Results GENERAL OBLIGATION BONDS, SERIES 2023A SUBORDINATE BONDS, SERIES 2023B [ Preliminary -- for discussion only ] Dated Date 1210112023 Delivery Date 12/01/2023 Sources: SERIES 2023A SERIES 202313 Total Bond Proceeds: ParAmounl 19,570,000.00 9,786,000.00 29,356,000.00 19,570,000.00 9,786,000.00 29,356,000.00 Uses: SERIES 2023A SERIES 20236 Total Project Fund Deposits: Project Fund 19,272,150.00 9,492,420.00 28.764570.00 Cost of Issuance- Other Cost of Issuance 200.000.00 200.000.00 Delivery Date Expenses: Underwriter's Discount 97.850.00 293,580.00 391,430.00 19,570,000.00 9,786,000.00 29,356,000.00 Nov 14, 2017 4:00 pm Prepared by D.A. Davidson & Co Quantitative Group -PM (Cottonwood Hollow Residential MD 14:R23ABG) 8 ION D AIDAVIDSON SOURCES AND USES OF FUNDS COTTONWOOD HOLLOW METROPOLITAN DISTRICT (RESIDENTIAL) GENERAL OBLIGATION BONDS, SERIES 2023 55.277 (target) Mills Assumes Investment Grade,130x, 30-yr. Maturity (Full Growth 1 No Future Reassessment Projections•) [ Preliminary — for discussion only ) Dated Date 12AM2023 Delivery Data 12101r2023 Sources: Bond Proceeds: Par Amount 19,570,000.00 19,570,ODO.DO Uses: Project Fund Deposits: Project Fund 19,272,150.00 Cost of Issuance: Other Cost of Issuance 200,000.00 Dervery Date Expenses: Underwritefs Discovcmt 97,850.00 19,570,000.00 (1 Assumes 2% Bi-Reassessment thru Issuance date. Nov 14, 2017 3.55 pm Prepared by D.A. Davidson & Co Quantitative Group -PM (Cottonwood Hollow Residentia .... GNOV1417-R231GLBF) D A, DAVI DSON BOND SUMMARY STATISTICS COTTONWOOD HOLLOW METROPOLITAN DISTRICT (RESIDENTIAL) GENERAL OBLIGATION BONDS, SERIES 2023 66.277 (target) Mills Assumes Investment Grade,130x, 30-yr. Maturity (gull Growth / No Future Reassessment Projections*) [ Preliminary —for discussion only j Dated Date 12/01/2023 Delivery Date 12/0t/2023 First Coupon 06/01/2024 Last Maturity 12101/2053 Arbitrage Yield 4.00DO00% True Interest Cost (TIC) 4.040621% Net Interest Cost (NIC) 4.00DO00% A94n TIC 4.124998% Average Coupon 4.000000% Average Life (years) 18.583 Weighted Average Maturity (years) 18.583 Duration of Issue (years) 12.574 Par Amount 19,570,000.00 Bond Proceeds 19,570,000.00 Total Interest 14,547,000.00 Net Interest 14,644,850.00 Band Years from Dated Date 363,675,OOD.00 Band Years from Delivery Date 363,675,000.00 Total Debt Service 34,117,000.00 Mardmum Annual Debt Service 1.147.80D.00 Average Annual Debt Service 1,137,233.33 Underwriter's Fees (per $1000) Average Takedown Other Fee 5.000000 Total Underwriter's Discount 5.000000 Bid Price 99.500000 Average Par Average Average Maturity PV of 1 by Bond Component Value Price Coupon Life Date change Term Bond due 2053 19,570,000.00 100.000 4.000% 18.583 07/01/2042 34,051,80 19,570,000.00 18.583 34.051.80 All -In Arbitrage TIC TIC Yield Par Value 19,670,000.00 19,570,000.00 19,570,000.00 + Accrued Interest + Premium (Discount) - Underwriters Moount - Cost of Issuance Expense - Other Amounts Target Value Target Date Yield -97,850.00-97.850.00 -200.000.00 19,472,150.00 12/01/2023 4.040621 % 19,272,150.00 19.570.000.00 12101 /2023 12101 /2023 4.124598% 4.000000% Nov 14, 2017 3:55 pm Prepared by DA, Davidson & Co Quantitative Group —PM (Cottonwood Hollow Residentia...:GNOV1417-R231GLBF) 10 DA!DAVIDSO BOND DEBT SERVICE COTTONWOOD HOLLOW METROPOLITAN DISTRICT (RESIDENTIAL) GENERAL OBLIGATION BONDS, SERIES 2023 55.277 (target) Mills Assumes Investment Grade, 430x, 30-yr. Maturity (Full Growth 1 No Future Reassessment Projections*) j Preliminary - for discussion only ] Annual Period Debt Debt Ending Principal Coupon Interest Service Service 06/01/2024 391.400 391AOO 121012024 120.000 4.000% 391,4011 511,400 902,800 Ofi1012025 389,000 389,D00 12/0112026 365.000 4.000% 389,000 754.000 1,143,000 08JOi12026 381.700 381.700 17JOI2O26 380.000 4.000% 381,700 751,700 1.143,40D 08/0112027 374,100 374.100 1210112027 395.000 4.000% 374,100 769.100 1,143.200 0610112028 366,2100 366.200 121012028 415.000 4,000% 366,200 781.2DO 1.147,400 0=12029 357,9W 357.900 12101/2029 430.000 4.000% 367,900 787,900 1,145,800 0610112030 349.300 349.300 12101/2030 445,000 4.000% 349.300 794,300 1.143,600 0610112031 340,400 340,400 12101/2031 466,000 4.000% 340,400 505,400 1.145,800 061Ot12032 331,100 331.100 12/01/2032 485.000 4.000% 331,100 816.100 1.147.200 06M 2033 321,400 321.400 12101/2033 $00.000 4.000% 321.400 821.400 1.142,800 05101/2034 311.400 311,400 1210V2034 525,000 4A00% 311.400 836.400 1,147,800 06/01/2035 300.900 300,900 12/0112035 545.000 4.000% 300.900 845.900 1.146.800 06/012006 290,000 290.000 17JO112036 S55,000 4,000% 290.000 855,000 1,145.000 0610112037 278.700 278.700 1210112037 590.000 4.000% 278,700 868,700 1.147A00 0610112MB 266.900 266,900 12/01/2038 610,000 COW% 266,900 876.900 1.143,800 06/012039 254.700 254,700 121D112039 635.000 4.000% 254.700 889,700 1.144,400 0=12040 24ZODD 242.000 12101/2040 660.000 4.000% 24ZODO 90$000 ' 1.144.000 05101=1 228.800 228.800 12J01/2041 690.000 4.000% 228.800 918,800 1.147.600 06/01/2042 215.000 215,000 12JO112042 716.000 4.000% 216,000 930,000 1,145.000 06I012043 200,70D 200.700 1210112043 745,000 4,000% 2D0,700 946,700 1,148,400 O6I0ING" 185,800 185.800 121012044 775,000 4.000% 185,8w 960,800 1.146.600 06/0112046 170.300 170.300 12J01J2045 805.000 4.000% 170,300 975,300 1,145.600 061012046 154.200 154.200 121012046 835.000 4.000% 154.200 989.200 1,143.40D 0810112047 137,500 137,500 12101/2047 870.000 4.000% 137,500 1.007.500 1.145.000 061012048 120,100 120.100 12JO112048 905.000 4.000% 120,100 1.025.100 1.145.200 06/012049 102.000 102.000 121012049 840,000 4.000% 102.000 1,042.000 1,144,000 08J0112050 83.200 83,200 121012050 980,000 4.000% 83.200 1,063.200 1,146,400 06/012051 63,600 63,600 12J0112051 1,020,000 4.000% 63.600 1.083.600 1.147,200 =0112062 43.200 43.200 12JO112052 1.080,000 4.000% 43.200 1.103,200 1.146.400 08/012053 22.000 22,000 12101/2053 1,100,000 4.D00% 22.000 1,122,000 1.144.000 19,570,OOD 14,547.000 34.117,000 34.117,000 Nov 14. 2017 3:55 pm Prepared by D.A, Davidson & Co Quandtadve Group -PM (Cattonwood Hollow Residentis ... :GNOV1417-R231GLBF) 11 NET DEBT SERVICE COTTONWOOD HOLLOW METROPOLITAN DISTRICT (RESIDENTIAL) Period Ending GENERAL OBLIGATION BONDS, SERIES 2023 65.277 (target) Mills Assumes Investment Grade,130x, 30-yr. Maturity (Full Growth ! No Future Reassessment Projections*) [ Preliminary - for discussion only j Total Net Principal Interest Debt Service Debt Service 12/0112024 120,000 792,800 902,8DD 902,800 12M 2025 365.000 778,ODO 1.143.000 1.143.000 12/0112026 380.000 763.400 1,143,400 1,143AOO 12101/2027 395,000 748.200 1,143,200 1,143.200 12/0112028 415.000 732.400 1,147,400 1,147,400 12/0112029 430.000 715,800 1,145,800 1,145,800 1210112030 445,000 698.600 1,143,600 1,143,600 12/01/2031 465,000 680,800 1.145,800 1.145,800 12/0112032 485,000 662,200 1,147,200 1.147,200 12101RD33 500.000 642,800 1,142,800 1.142,800 12/0112034 626,000 622,800 1.147,800 1,147,800 12/012035 545.000 601,600 1.146,800 1.146,800 12/01/2036 565.000 580.000 1,145,000 1,145,000 121012D37 690,000 557,400 1,147,400 1,147,400 1210M038 610,000 533,800 1,143,800 1,143.800 12/012039 635,000 5009,400 1,144,400 1,144,400 12/01/2040 060,000 484,000 1,144,000 1,144,000 12/01/2041 69D,000 457,600 1,147,600 1,147,600 12/01/2042 715,000 430,000 1.145.000 1,145.000 12/01/2043 745.000 401,400 1,146,400 1,146,400 12101P2044 775,000 371,600 1,146,600 1,146,600 121010M5 805.000 340,600 1,145,600 1,145,600 12/01/2046 835,001) 308.400 1,143,400 1,143.400 12MI2047 870.000 275.000 1,145.000 1.145,000 12JO112048 905,000 240,200 1,145,200 1.145,200 12101/2049 940,000 204,000 1,144,0W 1,144,000 12101/2050 980,000 166.400 1,146,400 1,146,400 12M12051 1,020,000 127,200 1,147.200 1.147.200 12/01/2052 1.060,000 86,400 1,146.400 1,146,400 12101C2053 1,100,0DO 44,000 1,144,000 1,144,000 19,570,ODO 14.647.000 34,117,000 34.117,000 Nov 14, 2017 3:55 pm Prepared by DA, Davidson & Co Ouan0tative Group -PM (Cottonwood Hollow Residentla... :GNOV1417-R231GLSF) 12 BOND SOLUTION Period Ending COTTONWOOD HOLLOW METROPOLITAN DISTRICT (RESIDENTIAL) GENERAL OBLIGATION BONDS, SERIES 2023 66.277 (target) Mills Assumes Investment Grade,130x, 30-yr. Maturity (Full Growth / No Future Reassessment Projections*) [ Preliminary — for discussion only ] Proposed Proposed Total Adj Revenue Unused Principal Debt Service Debt Service Constratnts Revenues Debt Sere Coverage 12J01J2024 120,000 902,800 902,800 1,180,041 277.241 130.70902% 1210112025 365,000 1,143,000 1.143,000 1.492,244 349.244 130.55504% 12/01/2026 380,000 1,143,400 1,143,400 1,492,244 348.844 130.50936% 12/01/2027 395,000 1,143,200 1,143,200 1,492,244 349,044 130.53220% 12/01/2028 415,000 1,147,400 1,147.400 1.492,244 344,944 130.05439% 12/0112029 430,000 1,145,800 1.145,800 1,492,244 346,444 130.23600% 12/01/2030 445.000 1,143,600 1,143,600 1,492,244 348.644 130.48654% 12/01/2031 465.000 1,145,800 1.145,800 1.492,244 346.444 130.23600% 12/01/2032 485.000 1,147.200 1,147.200 1,492.244 345,044 130.07706% 12/01/2033 500.000 1,142,800 1.142,800 1,492,244 349.444 130.57789% 12/01/2034 525,000 1,147,800 1.147,800 1,492,244 344.444 130.00907% 12/01/2035 $45,000 t,146,800 1,145.800 1.492,244 345.444 130.12243% 12/01/2036 565,000 1,145,000 1,145,000 1.492,244 347,244 130.32699% 12/012037 590.000 1,147.400 1.147,400 1,492.244 344.844 130.05439% 12/01/2038 610,000 1.143.800 1.143,800 1,492,244 348,444 130.46372% 12/01/2039 635,000 1,144,400 1.144,400 1,492.244 347,844 130.39532% 12101/2040 660.000 1.144.000 1.144.000 1.492.244 348,244 130.44092% 12/01/2041 690,000 1,147,600 1,147.600 1,492.244 344.644 130,03172% 12/01/2042 715,000 1,145.000 1,145,00 1,492,244 347,244 130.32699% 12/01/2043 745,000 1,146,400 1,146,40D 1,492.244 345,844 130.16784% 12/01/2044 775,000 1,146,600 1.146,600 1,492,244 345,644 130.14513% 12/01/2045 805,000 1,145,600 1.145,600 1,492.244 346.644 130.25874% 12/01/2046 835.000 1,143.400 1,143,40D 1.492,244 348,844 130.50936% 12101=47 870,030 1,145.000 1.145,000 1,492,244 347,244 130.32699% 12/01/2048 905,0D0 1.145,200 1,145,200 1,492,244 347,044 130.30423% 12/01/2049 940.000 1,144,0W 1,144,000 1,492,244 348,244 130.44092% MOM= 980,000 1.146,400 1,146.400 1.492,244 345.844 130.16784% 12101/2051 1.020,000 1,147,200 1,147,200 1,492,244 345.044 130.07706% 12/01/2052 1,060,D00 1,146.400 1.146,400 1,492,244 345.844 130.16784% 12/01/2053 1,100.000 1,144,000 1,144,000 1,492,244 348,244 130.44092% 19,570,000 34,117,000 34.117.000 44.455,119 10.338,119 Nov 14, 2017 3:55 pm Prepared by D.A. Davidson & Co Quantitative Group -PM (Cottonwood Hollow Residentla ... :GNOV1417-R231GLB17 13 DA D.AVIDSD\ SOURCES AND USES OF FUNDS COTTONWOOD HOLLOW METROPOLITAN DISTRICT (RESIDENTIAL) SUBORDINATE BONDS, SERIES 20238 Non -Rated, Cash -Flow Bonds, Annual Pay,1211612063 (Stated) Maturity (6.00% Bi-Reassessment Projections) [ Preliminary -- for discussion only ] Dated Date 12/01/2023 Delivery Date 12/01/2023 Sources: Bond Proceeds: Par Amount 9,786,000.00 9,786,000.00 Uses: Project Fund Deposits: ProJect Fund Delivery Date Expenses: Underwriter's Discount 9,492,420.00 293,580.00 9,786,000.00 NOV 14. 2017 3:58 pm Prepared by D.A, Davidson & Co Quantitative Group -PM (Cottonwood Hollow Re8identia...:GN0V1417-R23BCFG) 14 BOND PRICING COTTONWOOD HOLLOW METROPOLITAN DISTRICT (RESIDENTIAL) SUBORDINATE BONDS, SERIES 2023E Non -Rated, Cash -Flow Bonds, Annual Pay, i211612063 (Stated) Maturity (6.00°k Bi-Reassessment Projections) [ Preliminary — for discussion only ] Maturity Bond Component bate Amount Hate Yfeld Price Term Bond due 2053: 12/15/2053 9.786,000 T.500% 7.500% 100.000 Dated Date Delivery Date First Coupon Par Amount Original Issue Discount Production Undewiters Discount Purchase Price Accrued Interest Net Proceeds 9.786,000 1210112023 12101l2023 12115/2023 9,786,000.00 9,786,000.00 100.000000% 293,580.00-3.000000% 9.492,420,00 97.000000% 9,492,420.00 DAMAVIDSON Nov 14, 2017 3:58 pm Prepared by D.A. Davidson & Co Quanittative Group -PM (Cottonwood Hollow Residentie... :GNOV1417-R23BCFG) 15 �§ 00 ■�A§K§A§�§§§ � !|� �|■■■!§■■!■■ 9 ! - °K A§ -agog R |$| ■|■■■!■■■�■± � § A■j!AARK9#K$k -«■■--------- 'i■ ! ©■RURR RM § 2| �22!!■2s■!a2 ■ ■■§§§§Ek§§E$§ lit I■al ©■■■■■■■■■■■■�I |�■ §/ 2k2'W INN MPH B ! � coTTomwooa HouowmEmopourAN DtsTwcr(Restdwwai a commemiaq Oovol111 Pfetm bn —Toro] Tap Fee Rm aues (Lava] ealketlbna7 Series 2019, Bpoclal Ravens Caah+low Bonds, 2030 (StaMdl Mukrhy CauhFhmBands a a a Net Tato Lau Pa7mmb. Aaemd Ava4able lw Am Omfl— Om. 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B,npbra CF Bad Cash Ftew RdOW 5966,ow 200 200 847.450 550 0 750 9B6,9o0 (700( 0 50 848.000 0 0 w 866.55o aw 0 7m 947,7W am 0 1,000 967,1m (MM 0 100 947.8m 160 0 250 ms.TW 480 0 700 947.mo 100 0 8DD 988.860 (75M 0 60 924.DW 24,OW 24,060 0 11,461.1801 24,050 24A5D PteMbd 0 CHHD Rn Han M 17 1111417 Top Fee Rey Bond 5A0% LrM Dr wF ftu"m purpo ma*.y. ! 15=§ 9 ■ | � �A#2 k§ |gI 2 �! ,■■ e ■ ■ ��f)f2�)�f��f � - § ( ! ! § ! k 201 gal 201 201 202 202 2m 202 202 202 2a2 202 202 202 203i COTTONWOOD HOLLOW a ETROPOLMANDISTMCTMesreanrter a CammemlaO Mm%fopmanl Pfejeeflan —Teal Tap Fee Reveama (nrejeted eeaedlans) Salta 201% Speelal Revenue Cash~ Bonds, 2030 (MIA 1daAef{{1f Caa lAwim, Bonds a s a Rd TOMI Leta Pmmoa>• Amnmd AVWM M far Appamll M Dim Av aa4b far Load Inu"m Tawe lhktw Ls Pganw aamo et CP Lind L. Payroaals adman of awb of pda vb. Bnn# ad, m owl CF Bond • Inf. m M e Towad Auaae4 Accrued Wthdpfd Termd Seed CIF Bend 139,200 1211fi9 1382M w w w fa w Saxes w $138,000 58,757,0m 2,045.600 200 z0481800 437,950 437.8w 0 0 0 1.608.000 7.149.000 3,192,40a Sm 3,193,3w 367.450 357,450 0 0 a 2,835.a00 4,314,0a0 2,952.00a 90o zeszow 215,7w 215,7aa 0 0 0 2.737.000 1,577,0aa 3,158.a00 0 S,t5B= 78.890 78.850 0 0 0 1,5T7.000 0 0 a 0 0 0 a 0 0 0 0 a 0 0 0 0 a 0 0 0 0 a 0 a 0 a 0 a 0 0 0 a 0 0 a 0 a a 0 a 0 a 0 a 0 0 0 a 0 0 9 0 0 0 0 0 0 0 0 0 0 a 0 0 a a 0 a 0 0 0 11,405.2B0 ZUG II.487.248 1.069.8w 1.089.8w 0 8A95.0w B,B05.= qql1 TMa1 earph* Sumlm Cum, &=phis CF Bad I Cmh FMw Ra}mae $138.000 200 20a 2.045.850 7w 0 950 3.192.450 (w) 0 900 2,852.700 (7001 0 200 1.6555.850 1,500,150 I.Maw a 0 0 a a 0 0 a a 0 0 a a 0 0 0 0 0 a 0 0 0 a 0 0 0 a a 0 9.984.5501 1.w0.350 1.500,350 piwymed a 0A 0wkbm A Ca 0 Clam An pan 17 MOM Tap Fee Rev Bond 5.0a% PIo1 Chat For daaudan pmpoaa ** EDIT E List of Public Improvements Cottonwood Hollow Residential Metropolitan District March 28, 2018 Construction Cost Estimate Job No.:14-015 Residential Totals Sable Ave. $ 416,640." Arbor St. $ 871,907.18 Ligation Ditch $ 226,268.46 Open Space Construction $ 731,134.57 South Community Pond Construct $ 368,381.01 Residential Infrastructure $ 30,136,400.00 LOMAR $ 326,940.14 Offsite District Budget $ 32,750,731.66 Contingency (16%) $ 4,912,609.75 Total $ 37,663,341.41 Cottonwood Hollow Metropolitan District March 28, 2018 Construction Cost Estimate - Residential .lob No.:14-015 Arbor St. Construction Arbor St. construction budget is base upon the ultimate section as shown In the Preliminary Development Plan drawings dated 419l03. The cost also includes addition work to build the ultimate section from the Interim section also shown on the preliminary development plans. Cost is based on street construction south of Sable Ave and the segment Included In Parcel 3. Arbor St. 2800 If 120 R.O.W Pavement width 44, depth 10 Inch Subgrade Preparation width =44' Landscape width NY Strip on both sides Concrete sidewalk width 8 LF on both sides Construction Costs Item Quantity Unit Unit Price Total Subgrade Prep 22547 SY $ 3.00 $ 67,641.00 Sidewalk 8' (includes prep) 9224 LF $ 19.67 $ 181,389.96 Handicap Ramps 15 EA $ 3,100.00 $ 46,500.00 Asphalt Paving 1V' Section 22547 BY $ 38.18 $ 860,867,01 Stripe 18500 LF $ 2.10 $ 38.850.00 Subtotal $ 1,196,247.97 Cost per foot $ 426.87 Addition work for Interim section Asphalt Repair 22547 BY $ 2.60 $ 50.423.87 Cut/ Fill barrow ditches & process 6149 CY $ 3.93 $ 24,180,94 Seed 308360 SF $ 0.14 $ 44,095.48 Stripe 2965 LF $ 201.00 $ 595,965.00 Subtotal $ 720,666.29 Firestone Potable Watar System Construction Cost Item Quantity Unit Unit Price Total 12" PVC 1Alith All Fittings 5906 LF $ 84.00 $ 496,104.00 Firestone south loop 5885 LF $ 84.00 $ 494,340.00 Subtotal $ 990,444.00 Arbot Street Total $ 2,906,357.26 30% Residential $ 871,907.18 70% Commercial $ 2,034,450.08 LOMAR Cottonwood Hollow Metropolitan District Construction Cost Estimate - Residential Godding Flood Control Item Godding Mallow Grading Cut Phase ! East of Godding Center next to Godding North Center Stock Pile South Waater Stroage Move Stock Pile North of Sable Seeding March 28, 2018 Quantity Quantity 40% Cut Fill Net CIF Unit Unit Price Public Private Total 66766 66766 CY $ 3.05 $ 81,455 $ 122,182 $ 203,636 47171 50758 -3587 CY $ 1.47 $ 2,112 $ 3,168 $ 6.280 40638 140123 -99485 CY $ 3.05 $ 121,372 $ 182,050 $ 303.429 525 71403 -70878 CY $ 3.05 $ 86,471 $ 129,707 $ 216,178 32047 54043 -21996 CY $ 3.05 $ 26,835 $ 40,253 $ 67.088 25401 714 24687 CY $ 3.05 $ 30.118 $ 46,177 $ 75,295 40000 40000 CY $ 3.05 $ 48.800 $ 73,200 $ 122,000 39500 9192 30308 $ 3.05 $ 36,976 $ 55.464 $ 92,439 34800 SF $ 0.13 $ 1,782 3 2.673 $ 4.454 I_OMAR TOTALS Total $ 435.920 $ 653,880 $ 1,089,800 Net Dirt Import -34185 Cubic Yarda 70% Commercial $ 762,860 30% Residential $ 326,940 Cottonwood Hollow Metropolitan District March 28, 2018 Construction Cost Estimate - Residential ,lob No.:14-015 Sable Ave Construction Sable Ave construction budget is base upon the interim section as shown in the Preliminary Development Plan drawings dated 419103. The cost also includes additional work to maintain the section prior to the uliitmate section being completed by Firestone. The budget only includes work from the frontage road east to the existing Culvert In Godding Hollow ditch. Sable Ave 3970 If From Frontage Rd. East to gadding hollow ditch I culvert 100' R.O.W Pavement width 32 LF (2 lanes @ 12 LF plus shoulders 4 LF each direction); depth 10 Inch Subgrade Preparation width 32' NO Curb & Gutter Landscape width 12 LF Strip on both sides Concrete sidewalk width 8 LF on both sides Construction Costs Item Quantity Unit Unit Price Total Subgrade Prep 14115 SY $ 3.00 S 42,345.00 Cut Barrow Ditches 3500 LF $ 3.93 $ 13,763.75 Sidewalk 8' (includes prep) 7940 LF $ 24.45 S 194,156.82 Handicap Ramps 5 EA $ 3,100.00 $ 15,500.00 Asphalt Paving 10" Section 2000 SY $ 38.18 $ 76,362.00 Landscape 95280 SF $ 1.43 $ 136,250A0 Stripe 2000 LS $ 2.10 $ 4,200.00 Interim Section Maintenance 14116 SY $ 7.16 $ 100,929.40 Sable Avenue Roadway Subtotal $ 593,607.37 Cost per foot- $ 218.38 Storm Sewer Construction Costs Item Quantity Unit Unit Price Total 24" RCP 912 LF $ 98.00 $ 89,376.00 5' MH 3 EA $ 5,561.00 $ 16,683.00 Type C inlet 3 EA $ 3,800.00 $ 11,400.00 24" FES - RCP 1 EA $ 1,051.65 $ 1,051.65 6.5'x1V Box Culvert 1 LF $ 305,479.46 $ 305.479.46 Wingwa0 4 EA $ 4,290.00 $ 17,160.00 Storm Sable Ave Subtotal= $ 441.150.1I Water System Construction Cost Item Quantity Unit Unit Price Total 12" PVC With All Fittings 2817 LF $ 62.00 $ 174,654.00 8" Water Line 2405 LF $ 58.00 $ 139,490.00 Master Meter 1 EA $ 50,000.00 $ 50,000.00 Water In Sable Ave Subtotal= $ 364,144.00 Sable Ave Public improvements Total= $ 1,388,801. 81 COMMERCIAL PORTION 70% $ 972,151.03 RESITENTIAL PORTION 30% $ 416.640.44 Cottonwood Hollow Metropolitan District 28-Mar-18 Construction Cost Estimate - Residential Godding Irrigation Ditch Irrigation Ditch 1793 LF Item Quantity Unit Emit Price Total Ditch Grading 4468 CY $ 2.00 $ 8.944.94 Bentomat Liner 71658 SF $ 1.64 $ 117,841.58 60" CMP 450 LF $ 307.45 $ 138,352.50 60" FES 8 EA $ 3,038.75 $ 24,310.00 IT Maintenance Path 26895 SF $ 3.07 $ 82,688.68 Seeding 34800 SF $ 0.14 $ 4,976.40 Total $ 377,114.09 400A Commercial $ 150.845.64 60% Residential $ 226,268.46 Cottonwood Hollow Metropolitan District 3►28120I8 Construction Cost Estimate - Residential 1.15 Open Space Tract Area {ac} 10 0.1 11 0.56 12 0.11 14 0.33 15 0.42 16 0.14 23 0.93 24 0.49 26 0.85 27 1.6 29 4.85 Total 10.39 ac or 452588 sf Landscape Area Cost Estimate Item Quantky Unit Unit Price Total Landscape area 452588 sf $ 3.29 $ 1,488,563.25 1W Godding Hollow Trail 5988 LF Grading 1108 CY $ 1.81 $ 2,004.32 Subgrade Prep 5988 LF $ 3.70 $ 22,156.35 VY Concrete Trail 5988 LF $ 52.62 $ 315.112.51 Total $ 1,827,839.42 60% Commercial $ 1,096,701.85 40% Residential $ 731,134.57 Cottonwood Hollow Metropolitan District Construction Cost Estimate - Residential Community Pond - South Item Quantity Unit Unit Price Total South Community Pond Excavation 79000 CY $ 2.00 $ 158,158.00 PVC liner 127834 SF $ 1.64 S 210.223.01 Total South Irrigation Pond Construction S 3687361.571 March 28, 2018 Job No.:14-01 S Cottonwood Hollow Metropolitan District Construction Cost Estimate - Residential Residential Infrastructure Parcel Use A Fragile Care Living B Townhome lots C Duplex D Recreation Center E Apartment/Condo F Single Family G I Single Family Total Lots In District In District by Others # Units Unit 100 ROOMS 170 UNITS 112 UNITS 1 EACH 338 UNITS 86 UNITS 200 UNITS 907 Per Lot Unit Cost $ 8,000.00 $ 38,000.00 $ 42,000.00 $ 5,000,000.00 $ 26,000.00 $ 50, 000.00 $ 50,000.00 Total $ 800,000.00 $ 6,460,000.00 $ 4,704,000.00 $ 5,000,000.00 $ 8,788,000.00 $ 4,300,000.00 $ 10,000,000.00 $ 1,000,000.00 $ 2,000,000.00 Total Residential Infrastucture $ 43,062,000.00 70% Public $ 30,136,400.00 30% Private $ 12,915,600.00 March 28, 2018 Job No.:14-015 �AL RA GON ENGINEERING CONS UL TANTS, INC. March 11, 2019 Town of Firestone 8308 Colorado Blvd Suite 200 Firestone, CO 80520 RE: Cottonwood Hollow Residential Metropolitan District and Cottonwood Hollow Commercial Metropolitan District To Whom It May Concern: Paragon Engineering Consultants reviewed the Construction Estimates for the Cottonwood Hollow Residential Metropolitan District and Cottonwood Hollow Commercial Metropolitan District. The Construction Estimates are based on the following information and assumptions: 1. Pricing was prepared by Contour Services for an 86 lot single family development based on Construction plans for Cottonwood Hollow Filing 1 dated June 26, 2017. Unit prices were based on bid costs received by Contour Services, 2. Using industry standards; unit prices were then prorated from the Single Family cost to determine costs for Townhome/condos, Apartments, and Duplexes. Based on these assumptions, we believe that the Construction Estimate contained within the Service Plan for Cottonwood Hollow Residential Metropolitan District and Cottonwood Hollow Commercial Metropolitan District is reasonable for the public improvements portion of this project. For and on Behalf of Paragon Engineering Consultants Todd Cartwright, PE Project Manager 7852 South F,loti ,Street, Suite 101 / Littleton, CO 80120 / (303) 794-8604 / FAX (303) 795-3072 EXHIBIT F Indemnification Letters April 22, 2004 Town of Firestone Post Office Box 100 Firestone, Colorado 80520 RE: Cottonwood Hollow Residential Metropolitan District Ladies and Gentlemen: This Indemnity Letter (the "Indemnity Letter') is delivered by the undersigned Del Camino East Properties, L.L.C., a Colorado limited liability company ("Del Camino East Properties") in order to induce the Town of Firestone (the "Town") to approve the Service Plan, including -all amendments heretofore or hereafter made thereto (the "Service Plan') for the Cottonwood Hollow Residential Metropolitan District (the "District'). In consideration of the Town's approval of the Service Plan, Del Camino East Properties, for and on behalf of itself and its transferees, successors and assigns, represents, warrants, covenants and agrees to and for the benefit of the Town as follows: 1. Del Camino East Properties hereby waives and releases any present or future claims it might have against the Town or the Town's elected or appointed officers, employees, agents or contractors in any manner related to or connected with the Service Plan or any action or omission with respect thereto. Del Camino East Properties further hereby agrees to indemnify and hold harmless the Town and the Town's elected and appointed officers, employees, agents and contractors, from and against any and all liabilities resulting from any and all claims, demands, suits, actions or other proceedings of whatsoever kind or nature made or brought- by any third party, including attorneys'. fees and expenses and court costs, which directly or indirectly or purportedly arise out of or are in any manner related to or connected with any of the following: (a) the Service Plan or any document or instrument contained or referred to therein; or (b) the formation of the District or any actions or omissions of Del Camino East Properties, the District, the Town or any other person or entity in connection with the District, including, without limitation, any bonds or other fmancial obligations of the District or any offering documents or other disclosures made in connection therewith. Del Camino East Properties further agrees to investigate, handle, respond to and to provide defense for and defend against, or at the Town's option to pay the attorneys' fees and expenses for counsel of the Town's choice for any such liabilities, claims, demands, suits, actions or other proceedings. It is understood and agreed -that the Town does not waive or intend to waive the monetary limits (presently $150,000 per person. and $600,000 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, § § . 24-10-10 1, et seq., C.R.S., as from time to time amended, or otherwise available to the Town, its otTicers or its employees. 2. Del Camino East Properties hereby consents to the Town Disclaimer Statement contained in Exhibit M to the Service Plan, acknowledges the Town's right to modify the Town Disclaimer Statement, and waives and releases the Town from any claims Del Camino East Properties might have based on or relating to the use of or any statements made or to be made in such Town Disclaimer Statement (including any modifications thereto). 3. It is understood and agreed, and Del Camino East Properties hereby expressly acknowledges, that the Town, in acting to approve the Service Plan, has relied upon the provisions of this Indemnity Letter. 4.. This Indemnity Letter has been duly authorized and executed on behalf of Del Camino East Properties. Very truly yours, DEL CAMNO EAST PROPERTIES L.L.C., a Colorado limited liability company Miles R. rant, Manager Cottonwood Hollow Res%deptiahService Plan XG0826 0713.0003 January 13, 2005 Town of Firestone Post Office Box 100 Firestone, Colorado 80520 RE: Cottonwood HODOW Residential Metropolitan District Ladies and Gentlemen: This Indemnity Letter (the "Indemnity Letter) is delivered by the Cottonwood Hollow Residential Metropolitan District (the "District") in order to comply with the Service Plan, including all amendments heretofore or hereafter made thereto (the "Service Plan") for the District. In consideration of the Town's approval of the Service Plan, the District, for and on behalf of itself and its transferees, successors and assigns, represents, warrants, covenants and agrees to and for the benefit of the Town as follows: I. The District hereby waives and releases any present or future claims it might have against the Town or the Town's elected or appointed officers, employees, agents or contractors in any manner related to or connected with the Service Plan or any action or omission with respect thereto. To the fullest extent permitted by law, the District hereby agrees to indemnify and hold harmless the Town and the Town's elected and appointed officers, employees, agents and contractors, from and against any and all liabilities resulting from any and all claims, demands, suits, actions or other proceedings of whatsoever kind or nature made or brought by any third party, including attorneys' fees and expenses and court costs, which directly or indirectly or purportedly arise out of or are in any manner related to or connected with My of the following: a e Samce an or any cument or instrument contained or referred to therein; or (b) the formation of the District or any actions or omissions of the District, the Town, Del Camino East Properties, L.L.C., a Colorado limited liability company (`Del Canino East Properties'), or any other person or entity in connection with the District, including, without limitation, any bonds or other financial obligations of the District or any offering documents or other disclosures made in connection therewith. The District further agrees to investigate, handle, respond to and to provide defense for and defend against, or at the Town's option to pay the attorneys' fees and expenses for counsel of the Town's choice for, any such Iiabilities, claims, demands, suits, actions or other proceedings. It is understood and agreed that neither the District nor the Town waives or intends to waive the monetary limits (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, §§ 24-10-I01, et seq., C.R.S., as from time to time amended, or otherwise available to the Town, the District, its officers, or its employees. 2. The District hereby consents to the Town Disclaimer Statement contained in Exhibit M to the Service Plan; agrees that the District will include such Town Disclaimer Statement or any modified or substitute Town Disclaimer Statement hereafter furnished by the Town to the District in all offering materials used in connection with any bonds or other financial obligations of the District (or, if no offering materials are used, the Town Disclaimer Statement will be given by the District to any prospective purchaser of any bonds or other financial obligations of the District); and waives and releases the Town from any claims the District might have based on or relating to the use of or any statements made or to be made in such Town Disclaimer Statement (including any modifications thereto). 3. It is understood and agreed, and the District hereby expressly acknowledges, that the Town, in acting to approve the Service Plan, has relied upon the provisions of this Indemnity Letter. 4. This Indemnity Letter has been duly authorized and executed on behalf of the District. Very truly yours, COTTONWOOD HOLLOW RESIDENTIAL METROPOLITAN DISTRICT Cottonwood Hollow RaIdernkY Mce Plan JW 1703 0713.0003 Intergovernmental Agreement 28 EX r1r G Proposed Intergovernmental Agreement FIRST AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE, COLORADO AND THE COTTONWOOD HOLLOW RESIDENTIAL METROPOLITAN DISTRICT THIS AGREEMENT is made and entered into as of this day of , 2018, by and between the TOWN OF FIRESTONE, a home rule municipal corporation of the State of Colorado (the "Town"), and the COTTONWOOD HOLLOW RESIDENTIAL METROPOLITAN DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado (the "District"). The Town and the District are collectively referred to as the Parties. WITNESSETH: WHEREAS, C.R.S. § 29-1-203 authorizes the Parties to cooperate and contract with one another regarding functions, services and facilities each is authorized to provide; and WHEREAS, the District was organized to provide those services and to exercise powers as are more specifically set forth in the District's Amended and Restated Service Plan approved by the Town on (the "Service Plan"); and WHEREAS, the Service Plan makes reference to and requires the execution of an intergovernmental agreement between the Town and the District; and WHEREAS, the Town entered into that certain Agreement with on , 200_, (the "Development Agreement"), which provides in part for the formation of a special taxing district to fund certain regional improvements located within the District's service area and located within the Town and the District is the special taxing district contemplated in the Development Agreement; and WHEREAS, the specific regional improvements identified in the Service Plan and Development Agreement include water rights, a water treatment plan and appurtenant facilities (the "Regional Improvements"); and WHEREAS, pursuant to the Development Agreement, the Town is responsible for constructing and owning the Regional Improvements, and the District is responsible for providing funds for the construction of the Regional Improvements; and WHEREAS, pursuant to the Development Agreement, the Town and acknowledge the need for the Regional Improvements in order to accomplish the comprehensive development of the property located within the District's service area (the "Property"); and WHEREAS, the Town has approved the 1 plat for the Property; and WHEREAS, the Parties have determined that any capitalized term not specifically defined in this Agreement shall have that meaning as set forth in the Service Plan; and WHEREAS, the Parties have determined it to be in the best interests of their respective taxpayers, residents and property owners to enter into this Intergovernmental Agreement ("Agreement") to address payment for the Regional Improvements and certain matters related to the organization, powers and authorities of the District. NOW, THEREFORE, in consideration of the covenants and mutual agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Regional Improvements Funding. The District and the Town will cooperate to fund a water treatment plant and appurtenant facilities for the Town. It is intended, initially, that the plant will service the Cottonwood Hollow Project, but will be planned for expansion to serve other development within the Town. Additionally, the District will purchase water rights to serve the Cottonwood Hollow Project which water rights will be conveyed to the Town. Together, the water treatment plant and water rights shall be called the Regional Improvements. The District acknowledges and that the Regional Improvements are a material consideration in, and a condition of, the Town's approval of the District's Service Plan, and that the Town has relied thereon in approving the District's Service Plan. The District represents and warrants that it has obtained all voter authorizations and has appropriated all funds necessary to fund the Regional Improvements following execution of this Agreement. 2. Operations and Maintenance. The District shall dedicate the Public Improvements (as defined in the Service Plan) to the Town or other appropriate jurisdiction or owners association in a manner consistent with the final approved plat, other rules and regulations of the Town, and applicable provisions of the Town Code. The District shall not be authorized to operate and maintain any part or all of the Public Improvements, unless specifically provided for in this Agreement or separate agreement with the Town. 5. Fire Protection. The District shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain fire protection facilities or services, unless specifically provided for in this Agreement or separate agreement with the Town. This provision shall limit the District's authority to plan for, design, acquire, construct, install, relocate, redevelop or finance fire hydrants and related improvements installed as part of the water system. G. Television Relay and Translation. The District shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain television relay and translation facilities and services, other than for the installation of conduit as a part of a street construction project, unless specifically provided for in this Agreement or separate agreement with the Town. 7. Construction Standards. The District will ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications of the Town and of federal and state governmental entities having proper jurisdiction. The District will obtain 2 the Town's approval of civil engineering plans and will obtain applicable permits for construction and installation of Public Improvements prior to performing such work. 8. Issuance of Privately Placed Debt. Prior to the issuance of any privately placed bonds or other obligations, the payment of which the District has promised to impose an ad valorem property tax mill levy ("Debt"), the District shall obtain the certification of an External Financial Advisor substantially as follows: We are [I am] an External Financial Advisor within the meaning of the District's Service Plan. We [I] certify that (1) the net effective interest rate (calculated as defined in Section 32-1-103(12), C.R.S.) to be borne by the District for the [insert the designation of the Debt] does not exceed a market [tax-exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. 9. Inclusion and Exclusion. The District shall not include within its boundaries any property outside the Service Area (as defined in the Service Plan) without the prior written consent of the Town, as evidenced by resolution of the Town Board of Trustees. The District shall not exclude any property from the District if such exclusion will result, or is reasonably anticipated to result, in detriment to the remaining residents and taxpayers within the District, or to the District's bondholders. 10. Total Debt .Issuance. The District shall not issue Debt in excess of $50,000,000.00 in total aggregate principal amount. 11. Monies from Other Governmental Sources. The District shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds, or other funds available from or through governmental or non-profit entities that the Town is eligible to apply for, except as may be specifically provided for herein. This Section shall not apply to specific ownership taxes which shall be distributed to and constitute a revenue source for the District without any limitation. 12. Consolidation; Dissolution. The District shall not file a request with any Court to consolidate with another Title 32 district without the prior written consent of the Town, as evidenced by resolution of the Town Board of Trustees. The District agrees that it shall take all action necessary to dissolve the District in accordance with the provisions of the Service Plan and applicable state statutes. 13. Service Plan Amendment Requirement, Any action of the District which violates the limitations set forth in Sections V.A.1-24 or VI.B-H of the Service Plan, or which constitutes a material modification under the Firestone Municipal Code, shall be deemed to be a material modification to the Service Plan and the Town shall be entitled to all remedies available under State and local law to enjoin any such action(s) of the District. The Town may also seek damages for breach of this Agreement arising from violations by the District of any provision of the Service Plan. 14. Applicable Laws. The District acknowledges that the property within its boundaries shall be subject to all ordinances, rules and regulations of the Town, including without limitation, ordinances, rules and regulations relating to zoning, subdividing, building and land use, and to all related Town land use policies, master plans and related plans. 15. Annual Report. The District shall submit an annual report ("Annual Report") to the Town no later than September 1st of each year following the year in which the Order and Decree creating the District has been issued by the District Court for and in Weld County, Colorado, containing the information set forth in Section Vll of the Service Plan. 16. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when given by hand delivery, overnight delivery, mailed by certified or registered mail, postage prepaid, delivered electronically (if confirmed promptly telephonically) or dispatched by telegram or telecopy (if confirmed promptly telephonically), addressed to the following address or at such other address or addresses as any party hereto shall designate in writing to the other party hereto: Town of Firestone 151 Grant Ave. Firestone, Colorado 80102 Attention: Town Manager Cottonwood Hollow Residential Metropolitan District c/o Miller & Associates Law Offices, LLC 1641 California St Ste 300 Denver CO 80202 All notices, demands, requests or other communications shall be effective upon such personal delivery or one (1) business day after being deposited with Federal Express or other nationally recognized overnight air courier service or three (3) business days after deposit in the United States mail_ By giving the other party hereto at least ten (10) days written notice thereof in accordance with the provisions hereof, each of the Parties shall have the right from time to time to change its address. 17. Miscellaneous. A. Effective Date. This Agreement shall be in full force and effect and be legally binding upon final approval of the governing bodies of the Parties. No Debt shall be issued by the District until after the effective date of this Agreement. B. Nonassignability. No party to this Agreement may assign any interest therein to any person without the consent of the other party hereto at that time, and the terms of this 4 Agreement shall inure to the benefit of and be binding upon the respective representatives and successors of each party hereto. C. Amendments. This Agreement may be amended from time to time by written amendment, duly authorized and signed by representatives of the parties hereto. D. Severability. If any section, subsection, paragraph, clause, phrase, or other provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause, phase, or other provision shall not affect any of the remaining provisions of this Agreement. E. Execution of Documents. This Agreement shall be executed in two (2) counterparts, either of which shall be regarded for all purposes as one original. Each party agrees that it will execute any and all deeds, instruments, documents, and resolutions or ordinances necessary to give effect to the terms of this Agreement. F. Waiver. No waiver by either party of any term or condition of this Agreement shall be deemed or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Agreement. G. Default/Remedies. In the event of a breach or default of this Agreement by any party, the non -defaulting party shall be entitled to exercise all remedies available at law or in equity, specifically including suits for specific performance and/or monetary damages. In the event of any proceeding to enforce the terms, covenants or conditions hereof, the prevailing party in such proceeding shall be entitled to obtain as part of its judgment or award its reasonable attorneys' fees. H. Governing Law and Venue. This Agreement shall be governed and construed under the Iaws of the State of Colorado. Venue for all actions brought hereunder shall be in the District Court in and for Weld County. 1. Inurement. Each of the terms, covenants and conditions hereof shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. J. Paragraph Headings. Paragraph headings are inserted for convenience of reference only. K. No Third Party Beneficiaries. No person or entity who or which is not a party to this Agreement will have any right of action under this Agreement. L. Entirety, This Agreement merges and supersedes all prior negotiations, representations, and agreements between the parties hereto relating to the subject matter hereof and this Agreement, together with the Service Plan provisions that serve to supplement or complement this Agreement, constitutes the entire agreement between the Parties concerning the subject matter hereof. 5 IN WITNESS WHEREOF, this Agreement is executed by the Town and the District as of the date first above written. ATTEST: ATTEST: ATTEST: IN Secretary Town Clerk Secretary TOWN OF FIRESTONE, COLORADO M. Mayor METROPOLITAN DISTRICT President RESOLUTION 19-26 A RESOLUTION APPROVING CONTRACT WITH GLOBAL EXPERIENCE SPECIALISTS WHEREAS, pursuant to § 31-15-302, C.R.S., the financial powers of the Town of Firestone (the "Town") include the power to control the finances and property of the Town and appropriate money for municipal purposes; and WHEREAS, the Board of Trustees desires to with Global Experience Specialists (GES) for the purpose of providing services for the Town related to a promotion booth at the International Council of Shopping Centers annual retail convention; and WHEREAS, GES will provide the services, graphics, structure and furnishings for an amount not to exceed $29,099.13; and WHEREAS, the Board of Trustees finds that the contract of the services, graphics, structure and furnishings is in the best interest of the Town and its citizens, and the Board of Trustees desires to authorize the contract. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed services contract with Global Experience Services as stated in this Resolution. INTRODUCED, READ AND ADOPTED this I Oth day of Aprils 2019. ATTEST: D Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO ImhMANN RESOLUTION NO. 19-25 A RESOLUTION APPROVING PURCHASING OF PLAYGROUND EQUIPMENT FOR ONORATO AND PATTERSON PARKS WHEREAS, pursuant to § 31-15-302, C.R.S., the financial powers of the Town of Firestone (the "Town") include the power to control the finances and property of the Town and appropriate money for municipal purposes; and WHEREAS, the Board of Trustees desires to purchase playground equipment for Onorato and Patterson Parks for Community Resources Department ("CRD") the purpose of providing equipment for the Town related to Parks; and WHEREAS, CRD will purchase the equipment identified below for an amount not to exceed $91,500.00; and WHEREAS, the Town will pay the following amounts for the identified item: • Onorato Parks Playground Equipment for $41,000.00 • Patterson Park Playground Equipment for $50,500.00 WHEREAS, the Board of Trustees finds that the purchase of the equipment as described herein is in the best interest of the Town and its citizens, and the Board of Trustees desires to authorize the purchases. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed purchase of playground equipment for CRD as stated in this Resolution. INTRODUCED, READ AND ADOPTED this 10th day of April, 2019. P.. 10 q. 10 ATTEST: O �ov�,c, Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO ■&i RESOLUTION NO.19-24 A RESOLUTION EXTENDING THE RECORDING PERIOD FOR THE OAK MEADOWS TOWNHOMES FINAL PLAT AND FINAL DEVELOPMENT PLAN WHEREAS, on September 26, 2018, the Board of Trustees for the Town of Firestone adopted Resolution No. 18-37 approving with conditions a Final Plat and Final Development Plan for Oak Meadows Townhomes; and WHEREAS, Section 10.30 of the Firestone Development Regulations provides that, subsequent to any Town Board approval, the applicant shall submit the final documents for recording by the Town Clerk and if the final documents are not recorded within 120 days of the date of Town Board approval, approval of the documents shall lapse and the applicant shall be required to submit a new application to be processed pursuant to the same procedures and requirements specified for the initial application; and WHEREAS, currently, final documents relating to the above -referenced final development plan are required to be recorded by January 24, 2019; and WHEREAS, the applicant has requested a second extension to the previous recording deadline of April 24, 2019 in order to allow them to prepare and finalize the documents necessary for completion and recordation; and WHEREAS, the Board of Trustees further finds the requirement set forth in Section 10.30 of the Development Regulations is administrative in nature and exists for the benefit of the Town, in order to ensure timely perfection of Town approvals, and that if the Board finds it to be in the best interest of the Town to extend such deadline it may do so; and WHEREAS, the Town Board concludes it is in the best interest of the Town to extend the time period for recording final documents for the Oak Meadows Townhomes application. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby extends until July 24, 2019 the recording deadline for the final documents for the Oak Meadows Townhomes application. INTRODUCED, READ AND AT ST: �d/ Leah Vanarsdall, Town Clerk this 10' day of April, 2019. iRoyyN •r TOWN OF FIRESTONE, COLORADO Nfayof � r' RESOLUTION NO. 19-23 A RESOLUTION APPROVING PURCHASING OF EQUIPMENT FOR THE COMMUNITY RESOURCES DEPARTMENT WHEREAS, pursuant to § 31-15-302, C.R.S., the financial powers of the Town of Firestone (the "Town") include the power to control the finances and property of the Town and appropriate money for municipal purposes; and WHEREAS, the Board of Trustees desires to purchase equipment for the Community Resources Department ("CRD") for the purpose of providing services for the Town related to Parks; and WHEREAS, CRD will purchase the equipment identified below for an amount not to exceed $20,000.00; and WHEREAS, the Town will pay the following amounts for the identified item: • Truax "Flexll" Drill Seeder $20,000.00 WHEREAS, the Board of Trustees finds that the purchase of the vehicles and equipment as described herein is in the best interest of the Town and its citizens, and the Board of Trustees desires to authorize the purchases. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed purchase of equipment for CRD as stated in this Resolution. 1 INTRODUCED, READ AND ADOPTED this 27th day of March, 2019. \?E S Tp frr rpy�N t�• TOWN OF FIRESTONE, COLORADO M1 So .. EAL `t �Q dA HQVbi Sindefad, Mayor ATTEST: ;4.Ao &,Wetll Leah Vanarsdall, Town Clerk RESOLUTION 19-22. A RESOLUTION APPROVING PURCHASING OF INSTALLATION SERVICES SCADA SOFTWARE FOR THE PUBLIC WORKS DEPARTMENTS WHEREAS, pursuant to § 31-15-302, C.R.S., the financial powers of the Town of Firestone (the "Town") include the power to control the finances and property of the Town and appropriate money for municipal purposes; and WHEREAS, the Board of Trustees desires to purchase installation services of SCADA software for the Public Works Department ("PWD") for the purpose of providing services for the Town related to Water; and WHEREAS, PWD will purchase the equipment identified below for an amount not to exceed $8,000.00; and WHEREAS, the Town will pay the following amounts for the identified item: • PCD installation services of SCDA software for $8,000.00 WHEREAS, the Board of Trustees finds that the purchase of the equipment as described herein is in the best interest of the Town and its citizens, and the Board of Trustees desires to authorize the purchases. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed purchase of installation services for PWD as stated in this Resolution. INTRODUCED, READ AND ADOPTED this l Oth day of April, 2019, TOWN OF FIRESTONE, COLORADO B'olfbi Sinde , Mayor . ATTEST: Cij�TY ..COO Leah Vanarsdall, Town Clerk RESOLUTION 19-21 A RESOLUTION APPROVING A GENERAL CONTRACT FOR GOODS AND/OR SERVICES WITH CARBON VALLEY TREE AND LANDSCAPE IN CONNECTION WITH TREE TRIMMING AND REMOVAL SERVICES. WHEREAS, the Town of Firestone ("Town") desires to engage Carbon Valley Tree and Landscape ("Contractor") for the purpose of providing tree trimming and removal service on the Firestone Trail at the N.E. corner of Colorado Blvd. and Pine Cone Ave. ("Services"); and WHEREAS, the Contractor represents that it has the special expertise, qualifications, and background necessary to complete the Services; and WHEREAS, there has been proposed a contract between the Town and the Contractor forthe Services ("Contract"); and WHEREAS, the Town Board of Trustees finds that the Contract is in the best interest of the Town and its citizens and desires to authorize its execution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. The proposed Contract between the Town of Firestone and Carbon Valley Tree and Landscape for contractor services in connection with the tree trimming and removal services is hereby approved in essentially the same form as the copy of such Contract accompanying this Resolution. 2. The Mayor authorizes the Director of Community Resources as the designated staff to execute the Contract, and the Mayor is hereby granting the authority to the designee to negotiate and approve such revisions to said Contract as the Director of Community Resources determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Contract are not altered. INTRODUCED, READ AND ADOPTED this 27th day of March, 2019. ��STOI�F TOWN . I SEAL 10 �Q Q7 ATTEST: �••...... 24A ct Y Leah Vanarsdall, Town Clerk TO VNOF F STONE, COLORADO kt Bj�gbi Sinde r, Mayor RESOLUTION NO. 19-20 A RESOLUTION APPROVING A WATER RIGHTS PURCHASE AND SALE AGREEMENT FOR THE PURCHASE OF SHARES OF THE GODDING DITCH COMPANY WHEREAS, the Town of Firestone, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-45.1-101, et seq. ("Firestone"), owns and operates a potable water system and related facilities; and WHEREAS, the Board of Trustees of Firestone, which is the governing body of the enterprise (the "Board") finds and determines that it is in the best interest of Firestone and its citizens for Firestone to pursue the purchase of additional water rights in order to expand Firestone's water resources; and WHEREAS, for such purpose, there has been proposed a water rights Purchase and Sale Agreement with Hirschfeld Brothers, LLC, as seller for Firestone's acquisition of four (4) shares of the Godding Ditch Company (the "Water Rights") WHEREAS, the Board, by this Resolution, desires to approve the Purchase and Sale Agreement, authorize its execution, and authorize other actions in connection with the Water Rights. NOW, THERFORE, BE 1T RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO Section 1. The foregoing recitals are incorporated herein and made a part of this Resolution. Section 2. The proposed Purchase and Sale Agreement between the Town of Firestone and Hirschfeld Brothers, LLC (the "Agreement"), for Firestone's acquisition of the Water Rights, is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. The Board of Trustees hereby authorizes the purchase of the Water Rights in accordance with the terms and conditions of the Agreement, which are incorporated herein by reference. Firestone recognizes and accepts that a portion of the Water Rights are being donated by Hirschfeld Brothers, LLC, as described in the Agreement. The total purchase price for that portion of the Water Rights not donated pursuant to the Agreement shall be $120,000.00. Pursuant to the Agreement, Firestone shall acquire all rights appurtenant to the Water Rights and title to the Water Rights will be conveyed to Firestone free and clear of all liens, encumbrances, and leases of any kind. Section 3. The Board hereby authorizes the Mayor and Town Clerk to execute and deliver the Agreement on behalf of Firestone; provided, however, that the Town Manager is hereby granted the authority to negotiate and approve such pre -execution and post -execution revisions and amendments to the Agreement as the Town Manager determines are necessary or desirable for the protection or best interests of Firestone, so long as the essential terms and conditions of the Agreement are not altered. The execution of the Agreement by the Mayor and Town Clerk shall be conclusive evidence of the approval by the Board of the Agreement in accordance with the terms hereof and thereof. Section 4. The Town Manager and other officers, employees and agents of Firestone are further authorized to execute and deliver all documents necessary in connection with the closing of the purchase of the Water Rights, and to do all things necessary on behalf of Firestone to perform all obligations of Firestone under the Agreement, including without limitation the execution and delivery of all documents necessary or required by the ditch company in connection with closing. Section 5. All actions heretofore taken (not inconsistent with the provisions of this Resolution) by the Board or the officers or agents of the Board or Firestone relating to the Agreement are hereby ratified, approved and confirmed. Section 6. Firestone's payment for the Water Rights shall be made in cash, certified funds or Town warrant, subject to the Agreement and to any necessary budgetary transfers or supplementary budgets and appropriations in accordance with State law. Firestone's payment is subject to and conditioned upon satisfaction of all conditions and contingencies in the Agreement and Firestone retains the right to terminate the Agreement as provided therein in the event any conditions or contingencies are not satisfied, including without limitation the loan funding contingency therein. Section 7. Nothing in this resolution is intended to nor should be construed to create any multiple - fiscal year direct or indirect debt of fiscal obligation for the Town of Firestone. Section S. If any article, section, paragraph, sentence, clause or phrase of this resolution 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 resolution. The Board of Trustees hereby declares that it would have passed this resolution and each part or parts hereof irrespective of the fact that any one part or parts may be declared unconstitutional or invalid. PASSED AND ADOPTED THIS -)) DAY OF , 2019 TOWN OF FIRESTONE, COLOR -ADO TOWNlai Sinde ayor 10 SEAL IQ ATTEST: 4 O� Leah Vanarsdall, Town Clerk RESOLUTION 19-19 A RESOLUTION AUTHORIZING AND APPROVING TOWN'S PARTICIPATION IN THE METRO MORTGAGE ASSISTANCE PLUS PROGRAM, AND AUTHORIZING THE EXECUTION OF THE DELEGATION AND PARTICIPATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH. WHEREAS, the State of Colorado (the "State") Constitution Article XIV, Section 18(2)(a) provides that nothing in the Constitution shall prohibit any of the State's political subdivisions from cooperating with one another to provide any service lawfully authorized to each of the cooperating units; and WHEREAS, the City and County of Denver, Colorado ("Denver") is authorized pursuant to its Home Rule Charter to promote the financing of mortgage loans for low- and moderate - income persons or families intended for use as the sole place of residence by the owners or intended occupants thereof; and WHEREAS, Denver sponsors the Metro Mortgage Assistance Plus Program to provide competitive mortgage loans which will be coupled with down payment and closing cost assistance in connection with financing mortgage loans for low- and moderate- income persons or families intended for use as the sole place of residence by the owners or intended occupants thereof (the "Program"); and WHEREAS, Denver has invited the Town of Firestone (the "Town") to participate in the Program; and WHEREAS, the Town has the full legal authority to participate in the Program pursuant to its Municipal Code and the general powers granted to it in Title 29, Article 1, Section 203 of the Colorado Revised Statutes, as amended; and Title 31, Article 15, Section 101 et seq., Colorado Revised Statutes, as amended (collectively, the "Act"); and WHEREAS, the Town desires to delegate to Denver the authority of the Town to take action and exercise power under the Act on behalf of the Town with respect to the Program within the Town's boundaries; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE: Section 1. In order to benefit the residents of the Town, the Firestone Town Board authorizes and approves its participation in the Program in connection with the financing of mortgage loans for low —and moderate —income families or persons intended for use as the sole place of residence by the owners or intended occupants thereof, and the Town delegates to Denver the authority of the Town to take action and exercise power under the Act on behalf of the Town with respect to the Program. 4845-7447-0272.1 Section 2. The Mayor of the Town is hereby authorized and directed to execute and deliver and the Town Clerk is hereby authorized and directed to attest and deliver the Delegation and Participation Agreement attached hereto as Appendix A and such other agreements and certificates and to take such other actions as may be necessary or convenient to carry out and give effect to the Town's participation in the Program. Section 3. Nothing contained in this Resolution or the Assignment shall constitute a debt, indebtedness or multiple -fiscal year direct or indirect debt or other financial obligation of the Town within the meaning of the Constitution or statutes of the State of Colorado of any political subdivision thereof, nor give rise to a pecuniary liability of the Town or a charge against its general credit or taxing powers. Section 4. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 5. This Resolution shall be in full force and effect upon its passage and approval. Adopted this 27th day of March, 2019. ATTEST: Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLOR -ADO BQIAi Sinde , Mayor 2 4476871 Pages: 1 of 2 03/28/2019 11:18 AM R Fee:$18.00 Carly Kvppes, Clerk and Recorder: Weld County, CO mill W1 FAII -MIK 1P.11 1111,04Ah" M A44' 11111 RESOLUTION 19-18 A RESOLUTION APPROVING A FINAL PLAT FOR COTTONWOOD HOLLOW FILING NO. 5. WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final plat for Cottonwood Hollow Filing No. 5; and WHEREAS, all materials related to this application have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, after a duly -noticed public hearing, at which evidence and testimony were entered into the record, the Board of Trustees finds the proposed final plat should be approved, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Final Plat for Cottonwood Hollow Filing No. 5 hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this V' day of March, 200. STO Eo.v .TA6� �k4j O %L o Bb9bi SindeWr, Mayor ATTEST: zt �q�r / 0 COUNTY. Leah Vanarsdall, Town Clerk EXH1131T A Cottonwood Hollow Filing No. 5 Final Plat Conditions of Approval Provide an updated title commitment when the mylars are provided for recording, dated no later than thirty (30) days prior to submission of mylars. 2. Technical corrections to the Cottonwood Hollow Filing No. 5 final plat shall be made to the Town's satisfaction. 4476871 Pages: 2 of 2 03/28/2019 11:18 AEI R Fee:$18,00 Carly KQPpes, Clerk and Recorder, Weld County; CO mill ��t�� f��01,;a��b, �}�r�l���l ����1111 2 RESOLUTION NO. 19-17 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE APPROVING THE ST. VRAIN WATER AUTHORITY ESTABLISHING CONTRACT BY AND BETWEEN THE TOWN OF FIRESTONE AND THE LITTLE THOMPSON WATER DISTRICT PURSUANT TO C.R.S. § 29-1-204.2, et. seq. WHEREAS, the Town of Firestone ("Firestone") and the Little Thompson Water District ("LTWD") are authorized by the provision of C.R.S. §29-1-204.2, et seq., to establish a water authority to be used to effect the development of water resources, systems and facilities, for use, in whole or in part, to benefit of the inhabitants and service users of the contracting parties or others at the discretion of the board of directors of the authority; and WHEREAS, Firestone desires to enter into an establishing contract with LTWD for the establishment of the St. Vrain Water Authority, as further described in the St. Vrain Water Authority Establishing Contract (the "Establishing Contract") attached hereto; and WHEREAS, Firestone wishes to appoint four initial Directors as described in the Establishing Contract. NOW, THERFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO Section 1. The proposed Establishing Contract between the Town of Firestone and Little Thompson Water District for the establishment of the St. Vrain Water Authority (the "Authority") is hereby approved in essentially the same form as the copy of such Establishing Contract accompanying and made a part of this Resolution. Section 2. The Mayor is hereby authorized to execute the Establishing Contract on behalf of the Town, except that the Mayor, and/or the Town Manager on the Mayor's behalf is hereby granted the authority to negotiate and approve such revisions to the Establishing Contract as necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Establishing Contract are not altered. Section 3. Pursuant to Article 3.1.1.1. of the Establishing Contract, Firestone is authorized to appoint four initial Directors to the Board of Directors for the Authority. The Board of Trustees hereby appoints Frank A. Jimenez, David Lindsay, Julie Pasillas and Julie Svaldi to act as initial Directors of the Authority. The Board of Trustees reserves the right to remove any of those Directors hereby appointed at any time with or without cause and appoint a replacement for such Director. Section 4. Any obligations expressed in the Establishing Contract are subject to and conditioned upon execution of the Establishing Contract by LTWD. PASSED AND ADOPTED THIS 24th DAY OF APRIL, 2019 ATTEST: Leah Vanarsdall, Town Clerk APPROVED AS TO FORM: Willi Hayashi, Town Attorney TOWN OF FIRESTONE, COLOR -ADO Bdbbi Si \�ESTO/yF ;O m. �10 F� i Q ram: f0� ry COC%NTY, GO yor RESOLUTION 19-16 A RESOLUTION APPROVING PURCHASING OF SERVICES AND EQUIPMENT FOR THE COMMUNITY RESOURCES AND PUBLIC WORKS DEPARTMENTS WHEREAS, pursuant to § 31-15-302, C.R.S., the financial powers of the Town of Firestone (the "Town") include the power to control the finances and property of the Town and appropriate money for municipal purposes; and WHEREAS, the Board of Trustees desires to purchase services and equipment for the Community Resources Department ("CRD") and Public Works Department ("PWD") for the purpose of providing services for the Town related to the Public Works Facility, 7500 Pine Cone Avenue, Firestone, Colorado; and WHEREAS, CRD and PWD will purchase the services, equipment and software identified below for an amount not to exceed $28,025; and WHEREAS, the Town will pay the following amounts for the identified items: LIFTMASTER Model SL 595 2 HIP 220 3 Phase Electric Slide Gate Operators with installation by STEELOCK $17,987.00 Electrical Services relating to the LIFTMASTER Electric Slide Gate Operators by Top Notch Electric $3,212.87 Card Reader Pedestals and installation services for the LIFTMASTER Electric Slide Gate Operators by Commercial Access Systems $6,824.00 WHEREAS, the Board of Trustees finds that the purchase of the vehicles and equipment as described herein is in the best interest of the Town and its citizens, and the Board of Trustees desires to authorize the purchases. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed purchase of services and equipment for CRD and PWD as stated in this Resolution. INTRODUCED, READ AND ADOPTED this 27th day of March, 2019. TOWN OF FIRESTONE, COLORADO i Si ATTEST: Leah Vanarsdall, Town Clerk RESOLUTION 19-15 A RESOLUTION EXTENDING THE RECORDING PERIOD FOR THE GATEWAY NORTH MULTI -FAMILY PHASE 2 FINAL DEVELOPMENT PLAN WHEREAS, on September 12, 2018, the Board of Trustees for the Town of Firestone adopted Resolution No. 18-33 approving with conditions a Final Development Plan for Gateway North Multi - Family Phase 2; and WHEREAS, Section 10.30 of the Firestone Development Regulations provides that, subsequent to any Town Board approval, the applicant shall submit the final documents for recording by the Town Clerk and if the final documents are not recorded within 120 days of the date of Town Board approval, approval of the documents shall lapse and the applicant shall be required to submit a new application to be processed pursuant to the same procedures and requirements specified for the initial application; and WHEREAS, currently, final documents relating to the above -referenced final development plan are required to be recorded by January 10, 2019; and WHEREAS, the applicant has submitted a request to extend the recording deadline in order to allow them to prepare and finalize the documents necessary for completion and recordation; and WHEREAS, the Board of Trustees further finds the requirement set forth in Section 10.30 of the Development Regulations is administrative in nature and exists for the benefit of the Town, in order to ensure timely perfection of Town approvals, and that if the Board finds it to be in the best interest of the Town to extend such deadline it may do so; and WHEREAS, the Town Board concludes it is in the best interest of the Town to extend the time period for recording final documents for the Gateway North Multi -Family Phase 2 application. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby extends until June 1, 2019 the recording deadline for the final documents for the Gateway North Multi -Family, Phase 2 application. INTRODUCED, READ AND ADOPTED this 27`" day of February, 2019. • T01+�N10 • y s SEAL j ti Q o g ,f0 ATTT: �0UNTY'. Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO " nwojolsl' 11, RESOLUTION NO. 19-14 A RESOLUTION APPROVING PURCHASING OF VEHICLES AND EQUIPMENT FOR THE COMMUNITY RESOURCES AND PUBLIC WORKS DEPARTMENTS WHEREAS, pursuant to § 31-15-302, C.R.S., the financial powers of the Town of Firestone (the "Town") include the power to control the finances and property of the Town and appropriate money for municipal purposes; and WHEREAS, the Board of Trustees desires to purchase vehicles and equipment for the Community Resources Department ("CRD") and Public Works Department ("PWD") for the purpose of providing services for the Town related to Parks, Streets, Water and Stormwater; and WHEREAS, CRD and PWD will purchase the vehicles, equipment and software identified below for an amount not to exceed $175,000.00; and WHEREAS, the Town will pay the following amounts for the identified items: • 2003 Freightliner FL 60 $50,000.00 2019 Diamond T Utility Trailer Qty 3 $5,000.00/each • RotoMaster 4000 Blade Sharpener $7,000.00 • Toro Workman Edger Attachment $4,000.00 • Toro Workman Tank and Sprayer Attachment $9,500.00 • Stainless Steel V-Box Spreaders Qty 2 $29,000.001each • SCADA Iconics 64 software upgrade $5,500.00 • SCADAPack 350 RTU equipement $5,000.00 • Encom 8.5 Ghz Broadband Radios $21,000.00 WHEREAS, the Board of Trustees finds that the purchase of the vehicles and equipment as described herein is in the best interest of the Town and its citizens, and the Board of Trustees desires to authorize the purchases. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed purchase of vehicles and equipment for CRD as stated in this Resolution. INTRODUCED, READ AND ADOPTED this 27th day of February, 2019. m SEAL o ATTEST: �� { C,GUNTY, G� O TOWN OF FIRESTONE, COLORA.DO Z/3�- 1� d161, - dj3bbi Sine , Mayor �,,, /it �&v e Vanarsdall, Town Clerk RESOLUTION NO. 19-13 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN STURGEON ELECTRIC COMPANY, INC., AND THE TOWN OF FIRESTONE WHEREAS, the power source for the signalized intersection at Jake Jabs Boulevard and Firestone Boulevard has been damaged and though temporary repairs have been made there is an immediate public safety need to permanently repair the power source; and WHEREAS, in recognition of such need the Town. Manager, on February 12, 2019, authorized Sturgeon Electric to commence work on permanently repairing the power source, which work will include, the boring and installation of conduit, rewiring of affected parts of the intersection, and associated concrete work, for a total cost of $23,150.00; and WHEREAS, Sturgeon Electric has the experience and expertise to perform such work; and WHEREAS, the Board of Trustees finds such work is immediately necessary to ensure the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and Sturgeon Electric Company, Inc., is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to countersign the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 27th day of February, 2019. TOWN OF FIRESTONE, COLORADO ToNF TOWN ,% 10 B i Sin el , Mayor qEST:_ Leah Vanarsdall, Town Clerk R AS TO FORM: WiIlia ayashi, Town Attorney RESOLUTION NO. 19-12 A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERNQT FOR CRESTONE PEAK RESOURCES TO LOCATE FOURTEEN OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, Crestone Peak Resources (hereinafter "Creston" or "Applicant") has submitted an application and supporting materials to the Town of Firestone, pursuant to Chapter 15.48 of the Firestone Municipal Code, for special use permits to locate within the Town oil and gas wells referred to as the proposed Kugel IA-1SH H267 through Kugel 1N-18H H267 Wells ("Application"); and WHEREAS, the Application was reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil and gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the Application; and WHEREAS, after the public hearing of the Planning and Zoning Commission, at which evidence and testimony were entered into the record, the Planning and Zoning Commission found the special use request for the well should be approved subject, to certain conditions, and made its recommendation of approval by resolution to the Board of Trustees; and WHEREAS, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Board of Trustees held a properly noticed public hearing on the special use application, at which evidence and testimony were entered into the record; and WHEREAS, the Board of Trustees has duly considered the Application, the evidence and testimony presented at the hearing, and the resolution of the Planning and Zoning ConuDission, finding the Application to conform to the review criteria set forth in Section 15.48.050 of the Firestone Municipal Code, and desires to approve the Application subject to certain conditions, pursuant to Chapters 15.48 and 17.32 of the Firestone Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees has reviewed Crestone Peak Resources's (hereinafter "Crestone" or "Applicant") application for special use permits to locate within. the Town oil and gas wells referred to as the proposed Kugel IA-18H H267 through Kugel 1N-1811 H267 Wells ("Application"), in relation to the review criteria set forth in Sections 15.48.050 and 17.32.030 of the Firestone Municipal Code, and finds that the use proposed in the Application is compatible and beneficial to the surrounding properties and inhabitants and not detrimental. Section 2. The Board of Trustees hereby approves the Application and the special use permit request therein for the placement of nineteen oil and gas wells on the parcel more particularly described in Exhibit A, attached hereto and incorporated herein by this reference, subject to the terms and conditions set forth in said permit, which is incorporated herein by this reference, and subject the following conditions: 1. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 2. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission ("COGCC") permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits, waivers, variances and subsequent notices filed with the state and affecting the well. 3. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 4. Prior to commencement of any work within the Town the applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. 5. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County, specifically an Overweight Permit from the Town is required for moving the drilling rig. 6. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 7. Applicant at its sole expense shall control fugitive dust at the well site and on private access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and COGCC regulations. 8. The oil/gas well facilities shall utilize setbacks as specified in COGCC regulations. 9. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 2 10. The use of pump jacks shall be limited to those running on electric motors. 11. Oil and gas operations at the well site shall comply with the First Amendment To Compatible Development And Surface use Agreement, attached hereto as Exhibit B. 12. Oil and gas operations at the well site shall comply with the Cooperative Development Plan Agreement, attached hereto as Exhibit C. INTRODUCED, READ AND ADOPTED this 27th day of February, 2019. WUM1111 tAa� Loazi�.11 Leah Vanarsdall, Town Clerk 3 TOWN OF FIRESTONE, COLORADO Uk-A BQb6 Sind 1 , Mayor EXHIBIT A Legal Description A parcel of land located in the Southeast Quarter of the Northeast Quarter of Section 18, Township 2 North, Range 67 West of the 6t" Principle Meridian, Town of Firestone, Weld County, Colorado. EXHIBIT B First Amendment To Compatible Development And Surface Use Agreement FIRST AMENDMENT TO COMPATIBLE DEVELOPMENT AND SURFACE USE AGREEMENT (Changes to Existing Oil and Gas Operations Area as to the NEA of Section 18 and Creation and Establishment of New Oil and Gas Operations Area in the 8/2NE/4 of Section 18) THIS FIRST AMENDMENT TO COMPATIBLE DEVELOPMENT AND SURFACE USE AGREEMENT ("First Amendment") is effective as of the LL4� day of , 2018 (the "Effective Date"), by and between the Town of Firestone and the Firestone Finance Authority (hereinafter referred to individually as "Town" and "FFA", respectively, and collectively. referred to as "Owner") with an address of 151 Grant Avenue, P.O. Box 100, Firestone, Colorado 80520-0100, and Crestone Peak Resources Holdings LLC ("Crestone"), which has an address at 1801 California Street, Suite 2500, Denver, Colorado 80202. Owner and Crestone may be referred to as a "Party" or collectively, as the "Parties." Capitalized terms not otherwise defined in this First Amendment shall have the meanings provided in the Compatible Development and Surface Use Agreement. RECITALS A. WHEREAS, on September 25, 2006, Owner, Foundation Energy Management, LLC, and EnCana Oil & Gas (USA) Inc. entered into a Compatible Development and Surface Use Agreement covering a portion of the N/2 of Section 18, Township 2 North, Range 67 West, Weld County, Colorado (the "Property'). The Compatible Development and Surface Use Agreement was recorded in the records of the Clerk and Recorder of Weld County, Colorado at Reception No. 3427732 on October 16, 2006; B. WHEREAS, Crestone is the successor -in -interest to the mineral operating working interests of Foundation Energy Management, LLC and EnCana Oil & Gas (USA) Inc. in the Property and under the Compatible Development and Surface Use Agreement; and C. WHEREAS, Owner and Crestone now wish to amend the Compatible Development and Surface Use Agreement to: (1) create and establish a New Oil and Gas Operations Area in a portion of the S/2NE/4 of Section 18, Township 2 North, Range 67 West for the drilling, completion, and production of Future Wells and related operations; (2) decrease the Existing Oil and Gas Operations Area to a 50' radius circle around the plugged and abandoned wellhead(s), but insofar and only insofar as it pertains to the NE/4 of Section 18, Township 2 North, Range 67 West, so long as Future Wells are drilled in the New Oil and Gas Operations Area; and (3) provide for the plugging and abandonment of wells and any and all Crestone owned pipelines, gathering lines, and flowlines located on, in or under the NEA of Section 18, Township 2 North, Range 67 West insofar and only insofar as they pertain to the Existing Oil and Gas Operations Area, as well as the removal of any Crestone owned oil and gas facilities located in the NEA of Section 18, Township 2 North, Range 67 West that are no longer needed or useful to operations upon the New Oil and Gas Operations Area. NOW THEREFORE, in consideration of the covenants and mutual promises of the Parties set forth herein, including the recitals, and for other good and valuable consideration, the receipt [MR&ANrx, and sufficiency of which are hereby acknowledged, the Parties hereby amend the Compatible Development and Surface Use Agreement as follows: 1. Establishment of New Oil and Gas Operations Area: a. The Parties agree that, as to the NEA of Section 18, Township 2 North, Range 67 West, Crestone, upon completion of its obligations provided below in Section 2.a., will limit all of its current and future oil and gas operations in the NEA of Section 18, Township 2 North, Range 67 West to the locations depicted on Exhibit A attached hereto and by this reference incorporated herein and identified as "New Oil and Gas Operations Area". The New Oil and Gas Operations Area may be used for drilling, completion, production and maintenance of Wells, equipment, production and storage operations, workovers, well recompletions and deepenings, fracturing, twinning, the drilling of replacement wells, plugging and abandoning Wells and the location of associated oil and gas production, storage and other facilities and for drilling oil and gas wells that produce from and drain the Described Premises as well as lands which are pooled or communitized with the Described Premises and/or are directionally or horizontally drilled to bottomhole locations outside the Described Premises. Operations on the New Oil and Gas Operations Area may occur concurrently with Crestone's work on the Existing Oil and Gas Operations Area. "Existing Oil and Gas Operations Area" as used in this First Amendment is defined as the Oil and Gas Operations Area depicted on Exhibit D attached to the Compatible Development and Surface Use Agreement insofar and only insofar as it pertains to the NE/4 of Section 18, Township 2 North, Range 67 West. The New Oil and Gas Operations Area shall be accessed and limited in size and configuration as depicted on Exhibit A. 2. Removal and Release of Existing Oil and Gas Operations Area as to the NEA of Section 18 Only: a. Subject to the terms and conditions of Section 2.c. below, the Parties agree that when Crestone completes the plugging and abandonment of each and every one of the below described Crestone operated oil and gas Wells (the "Subject Wells"), reclaims the well sites and Existing Oil and Gas Operations Area and obtains the required abandonment and reclamation approvals from the Conunission, the Existing Oil and Gas Operations Area, insofar and only insofar as it pertains to the NE/4 of Section 18, Township 2 North, Range 67 West, is decreased to a 50' radius circle around each plugged and abandoned wellhead, insofar as and only insofar as it pertains to the NEA of Section 18, Township 2 North, Range 67 West: i. Kugel 41-18 (API No. 05-123-20528) I Wandell 4-6-7 (API No. 05-123-30820) iii. Wandell 6-8-7 (API No. 05-123-31039) iv. Wandell 34-7 (API No. 05-123-22395) v, Kugel 31-18 (API No. 05-123-19698) vi. Kugel 2-18 (API No. 05-123-15282) 2 63520716.7 vii. Miller 12-17 (API No. 05-123-20871) viii. Kugel 42-18 (API No. 05-123-20307). b. The Parties agree that the decrease in size of the Existing Oil and Gas Operations Area as to the NEA of Section 18, Township 2 North, Range 67 West will in no way impact or affect Crestone's right and ability to use the New Oil and Gas Operations Area as described on Exhibit A hereto. No permanent building structures shall be constructed within the 50' Existing Oil and Gas Operations Area, but streets, driveways, sidewalks, landscaping, fencing, and such are permitted within the 50'. c. Creston agrees to begin plugging and abandonment operations on the Subject Wells within 12 months of the beginning of production from Future Wells that are drilled within the New Oil and Gas Operations Area, The Parties agree that Creston is under no obligation to plug and abandon any of the Subject Wells if Future Wells are not drilled, at Crestone's sole discretion, within the New Oil and Gas Operations Area, in which case the Existing Oil and Gas Operations Area is not decreased, and the terms and conditions of the Compatible Development and Surface Use Agreement remain in effect. 3. Removal of Pipelines, Gathering Lines Flowlines and Facilities from the Existing Oil and Gas Operations Area as to the NE/4 of Section 18 Only: a. Subject to the terms and conditions of Section 2.c. above, the Parties agree that, in conjunction with plugging and abandonment of the Subject Wells and their related pipelines, gathering lines, flowlines and facilities, Crestone shall cut, clean and remove all Crestone owned and operated pipelines, gathering lines, and flowlines servicing the Subject Wells located on, in or under the NEA of Section 18, Township 2 North, Range 67 West pertaining to the Existing Oil and Gas Operations Area. For any such lines that cross Town road right-of-way, Crestone shall structural flow fill said lines within the road right-of-way. Subject to the terms and conditions of Section 2.c. above, Crestone will remove any Crestone owned oil and gas facilities located in the NEA of Section 18, Township 2 North, Range 67 West and perform reclamation obligations as required by Commission rules. 4. Existing WalkingP a. The Parties acknowledge the existence of a pedestrian walking path bordering and passing through the New Oil and Gas Operations Area. Prior to Creston beginning construction and/or drilling activities in the New Oil and Gas Operations Area, Owner shall close the walking path through the New Oil and Gas Operations Area. Simultaneous with the grading of the drill pad, the Parties shall work together to reroute the walking path around the New Oil and Gas Operations Area with the intent that the looped path is not out of service for an extended period of time, 3 63520716.7 Crestone shall be responsible for all costs to reroute the path around the New Oil and Gas Operations Area as agreed to by both Parties. 5. Notices: a. Any notice or other communication required or permitted under this First Amendment will be given in writing either by: i) personal delivery; ii) expedited delivery service with proof of delivery; iii) United States mail, postage prepaid, and registered or certified mail with return receipt requested; or iv) prepaid telecopy or fax, the receipt of which will be acknowledged, addressed as follows: (1) If to Owner, to: Town of Firestone and Firestone Finance Authority 151 Grant Avenue P.O. Box 100 Firestone, Colorado 80520 (2) If to Crestone, to: Crestone Peak Resources Operating LLC 1801 California Street Suite 2500 Denver, Colorado 80202 Notices will be effective upon receipt and either party may change its address by notice to the other party, Except as specifically amended by this First Amendment, the terns and conditions of the Compatible Development and Surface Use Agreement shall continue in full force and effect and remain enforceable in accordance with its terms. This First Amendment and the interests granted and covered herein shall be binding upon and inure to the benefit of the heirs, successors and assigns of the Owner and Crestone. Each party represents that he/shehl has the full right and authority to enter into this First Amendment with respect to the surface rights, oil and gas interests, or oil and gas leasehold interests that he/she/it owns in the Property, as applicable. Crestone shall record a memorandum of this First Amendment with the Clerk and Recorder of Weld County and provide evidence to the Owner of the recording. This First Amendment may be executed in any number of counterparts, each of which shall be considered an original for all purposes and together of which shall constitute one and the same instrument. 4 63520716.7 The provisions and agreements contained in this First Amendment shall be deemed covenants running with the Property. [Signatures on the following page] 63520716.7 IN WITNESS WHEREOF, the undersigned Parties have executed this First Amendment as of the Effective Date. RFE8 Tp The Town of Firestone a, Towtq <` By:LQ Name: .�%cs i �� "' O Title: Firestone Finance Authori By: Name: Title: c, ct Ao o., Crestone Peak Resources Operating LLC By: Name: _ 0-UE I r L 11_ Title' U fE (4 S !-2 � 63520716.7 a EXHIBIT C Cooperative Development Plan Agreement COOPERATIVE DEVELOPMENT PLAN AGREEMENT This Cooperative Development PIan Agreement ("Agreement") is made and entered into this day of December, 2018 (the "Effective Date"), by and between the Town of Firestone, a Colorado municipal corporation ("Firestone" or "Town"), whose address is 151 Grant Ave, P.O. Box 100, Firestone, Colorado 80520, and Crestone Peak Resources LLC, a Delaware limited liability company ("Crestone"), whose address is 1801 California Street, Suite 2500, Denver, Colorado 80202. Crestone and Firestone may be referred to individually as a "Party" or collectively as the "Parties." BACKGROUND Firestone and Crestone value a balanced approach to oil and gas development that protects human health, safety and welfare, as well as the environment and wildlife, and that offsets any impacts from such development. To achieve such mutual objectives in a cooperative manner, Firestone and Crestone enter into this Agreement to accomplish the following: 1. To site new well pads that Crestone plans to develop within Firestone at locations that will protect public safety and the environment, while allowing for the efficient development of oil and gas; 2. To further mitigate the potential environmental and land use effects associated with this development by adopting best management practices ("BMPs") that supplement state environmental requirements in an efficient and cost-effective manner, including BMPs for odor mitigation, noise mitigation, lighting installation, road maintenance, and landscape restoration, all to benefit the Town and its residents; and 3. To make contributions for urban renewal planning and park and infrastructure improvements that will likewise benefit the Town and its residents and will also offset any remaining impacts from this development. NOW THEREFORE, the Parties agree as follows: ARTICLE I. GENERAL PROVISIONS 1. Effective Date. This Agreement will be effective as of the Effective Date, 2. Intent to Supplement State Rules and Regulations. The Parties recognize that pursuant to the Colorado Oil and Gas Conservation Act, Colo. Rev. Stat. § 34-60-101 et seq., the Colorado Oil and Gas Conservation Commission ("COGCC") regulates the development and production of oil and gas resources in Colorado, and the Act authorizes the COGCC to adopt statewide rules and regulations, which the COGCC has done. The BMPs developed jointly by the Parties and identified in this Agreement are intended to supplement - and are in addition to these state rules and regulations. 3. Exercise of Local Land Use Authority. The Parties further recognize that Firestone has enacted land use regulations pursuant to the Local Government Land Use Enabling Act, Colo. Rev. Stat. § 31-15-401 et seq., and the Land Planning Act, Colo. Rev. Stat. § 29-20-101 et seq., which authorize local governments to enact land use regulations that regulate, inter alia, oil and gas development, provided that such regulations are not preempted by state law. The Parties also recognize that Crestone's activities covered by this Agreement are best addressed in a collaborative manner, as set forth in this Agreement. 4. Applicability. This Agreement and the BMPs will apply to all new wells that Crestone drills on the Identified Well Pads during the Term of this Agreement. This Agreement will not apply to any wells for which Crestone is not the operator. 5. Term. The term of this Agreement will commence upon the Effective Date and will remain in effect for five (5) years (the "First Term"), which may be extended from time to time by mutual agreement of the Parties (the "Term"). 6. Effect of Termination on Obligations. If the Agreement is terminated by either Party, any development approved by the Town will continue to be authorized under and subject to this Agreement. 7. Drilling Plan. In consultation with Firestone, Crestone has developed a Drilling Plan that includes both: (i) the four (4) well pad sites identified as the Bighorn, Kugel, Johnson, and Sheley on the Cooperative Development Area Map, that Crestone plans to develop during the First Term (the "Identified Well Pads"); and (ii) the BMPs that will apply to such development. The BMPs are listed on the Best Management Practices for Pad Site Locations attached as Appendix A, and the Identified Well Pads are depicted in the Cooperative Development Area Map attached as Appendix B. Crestone will not drill more than sixty (60) wells total from the Bighorn, Kugel, Johnson, and Sheley well pad sites collectively. S. Urban Growth Boundary. If Crestone acquires additional real property interest during the Term at a location outside the Firestone town limits, but within the urban growth boundary as set forth on Appendix C, and Crestone intends to use such location as a pad for drilling one or more oil and gas wells, then Crestone will support Firestone's annexation of such location. If the location is annexed by Firestone, then the well pad will be considered an Identified Well Pad under this Agreement, effective as of the date of annexation. Contributions under Article II, Section 4(b) will not apply to the annexed Identified Well Pads, and the Parties will instead negotiate in good faith any contributions by Crestone to the Town related to the annexed Identified Well Pads at the time of annexation. ARTICLE II. APPROVAL PROCESS, OPERATIONS, AND CONSIDERATION 1. Special Use Permit Submission Requirements. For each new well Crestone drills on the Identified Well Pads, the Parties will follow the requirements and procedures outlined in Section 15.48.030 of the Firestone Municipal Code (the "Code") for special use permits, all applications submitted by Crestone will contain the elements prescribed by Section 15,48.040 of the Code, and 0) the Town's board of trustees will review the application using the review criteria outlined in Section 15.48.050 of the Code and the BMPs, as applicable. If the applicable provisions of the Code are amended, Crestone will comply with the most current requirements and procedures for its operations effective at the time of submission. The Town recognizes that time is of the essence with respect to approval of special use permits and will use its best efforts to process Crestone's applications submitted pursuant to this Article II, Section 1 in a prompt and timely manner. To that end, the Town agrees that Town staff review of the applications will take no longer than sixty (60) calendar days after the Town staff determines the application is complete. 2. Crestone's Operations. For each new well Crestone drills on the Identified Well Pads, Crestone will operate such well to comply with the BMPs and Sections 15.48.060 through 15.48.200 of the Code. If the applicable provisions of the Code are amended, Crestone will comply with the most current requirements and procedures for its operations effective at the time. 3. Crossing Permits. The Parties intend to minimize the use of tanks by Crestone for development under this Agreement. For all facilities associated with Crestone's oil and gas development, including flowlines, gathering lines, access roads, utility lines, storage tanks, processing and separation facilities, and other production, processing, transportation, and marketing facilities, that require a permit under Section 15.44.010 of the Code, Crestone will follow the procedures and rules set forth in Sections 15.44,020 through 15.44.100 and 15.44.120 through 15.44.150 of the Code. Crestone will make a one-time payment for each crossing permit based on the right-of-way pricing set forth on Appendix D, without minimum consideration. If the applicable provisions of the Code are amended, Crestone will comply with the most current requirements and procedures for its operations effective at the time. The Town will render a decision on each crossing permit application within ninety (90) calendar days after the application is deemed complete. 4. Crestone's Contributions. To offset potential impacts from the Identified Well Pads and associated wells, Crestone will make contributions to the Town as follows: a. Contribution to the Urban Renewal Authority. A one-time contribution of one hundred thousand dollars ($100,000) to the Firestone Urban Renewal Authority for the preparation of an Urban Renewal Plan, which contribution will be made within thirty (30) calendar days after the Effective Date; and b. Contributions for Park and Infrastructure Improvements. A one-time contribution to Firestone of two hundred fifty thousand dollars ($250,000) for each Identified Well Pad (excluding any Identified Well Pads included pursuant to Article I, Section 8), paid within ninety (90) calendar days after the date of first production from such Identified Well Pad as reported by Crestone to the COGCC on Crestone's Completed Interval Report, Form 5A. For planning purposes, Crestone anticipates dates of first production from two (2) Identified Well Pads to occur in 2019 and from two (2) Identified Well Pads to occur in 2020. 5. Submissions to the COGCC. Firestone will not object to any of Crestone's submissions to the COGCC pertaining to the Identified Well Pads and related wells, and, upon Town approval 3 of operations pertaining to a new well, Firestone will promptly notify the COGCC in writing that the Town has approved such operations under its land use review procedures and pursuant to this Agreement. ARTICLE III. OTHER PROVISIONS 1. No Waiver of Rights. The Parties acknowledge and agree that this Agreement will not be used as evidence that either Party has waived any rights to assert its claims concerning the validity of Firestone's land use authority or jurisdiction or Crestone's rights to develop its mineral resources. Nothing herein will be construed as an admission by either Party of any legal right or obligation. 2. Force Majeure. Neither Party will be liable for any delay or failure in performing under this Agreement in the event and to the extent that the delay or failure arises out of causes beyond a Party's reasonable control, including, without limitation, war, civil commotion, act of God, strike or other stoppage (whether partial or total) of labor, any law, decree, regulation or order of any government or governmental body (including any court or tribunal), or inability to obtain permits, Iicenses, consents, easements, or rights -of way. If any Party is rendered, wholly or in part, unable to carry out its obligations under this Agreement due to any such force majeure event, it is agreed that, upon the affected Party's giving notice and a description of such delay in reasonable detail in writing to the other Party as soon as reasonably possible after the occurrence of the causes relied on, the obligation of the Party giving such notice, so far as it is affected by such condition or event, will be suspended and any time periods will be extended for a period equal to the period of the continuance of the event or condition. 3. Authority to Execute Agreement. Each Party represents that it has the full right and authority to enter into this Agreement. 4. Governing Law. This Agreement will be governed and construed in accordance with the laws of the State of Colorado without reference to its conflicts of laws provisions. 5. No Third -Party Beneficiaries. This Agreement is not intended to, and does not, create any right, benefit, responsibility or obligation that may be enforced by any non-party. Additionally, nothing in this Agreement will entitle any third party to any claims, rights or remedies of any kind. 6. Notices. All notices and other correspondence related to this Agreement will be in writing and will be delivered by: (i) certified mail with return receipt, (ii) hand delivery with signature or delivery receipt provided by a third party courier service (such as FedEx, UPS, etc.), (iii) fax transmission if verification of receipt is obtained, or (iv) email with return receipt, to the designated representative of the Party as indicated below. A Party may change its designated representative for notice purposes at any time by written notice to the other Party. The initial representatives of the Parties are as follows: Firestone: Town of Firestone 151 Grant Ave P.O. Box 100 4 Firestone, Colorado 80520 Attn: Town Manager Telephone: 303.833.3291 Fax: 303.833.4863 Email: C� Crestone: Crestone Peak Resources LLC 1801 California Street, Suite 2500 Denver, Colorado 80202 Attn: David Stewart 720-410-8500 Email: David. Stewart@crestonepr.com 7. Dispute Resolution. If either Party believes that the other Party has violated any provision of this Agreement, the Party claiming that a violation has occurred will send written notice to the other Party, identifying the violation and invoking the dispute resolution process in this Section. Upon receiving such written notice, the other Party will have thirty (30) calendar days to remedy the alleged violation, unless such violation involves operations at a well pad site, in which case the time period will be ten (10) days. If the other Party denies the alleged violation, then the Parties will meet to resolve the alleged violation within ten (10) or thirty (30) calendar days (as the case may be) of the date of delivery of the initial written notice. If a resolution of the matter cannot be achieved at the meeting, both Parties agree to make a reasonable effort to work through and with a mutually acceptable mediator to attempt to resolve the dispute. Notwithstanding the foregoing, if either Party believes that the dispute will not otherwise be resolved in a sufficiently prompt and effective manner, such Party may, at its discretion, institute a legal proceeding in a court of proper jurisdiction to seek appropriate remedies. Such remedies may include, without limitation, an injunction to stop an alleged violation or an order requiring the performance of all acts and things required by the Agreement. Provided, however, that no such legal proceeding will be initiated for a period of at least thirty (30) calendar days after delivery of the initial written notice. 11. Amendments to Agreement. No changes, alterations or modifications to any of the provisions hereof will be effective unless contained in a written agreement signed by both Parties. 12. Assignment. Creston may convey or assign its rights and obligations for any or all of the Identified Well Pads, related facilities, special use permits, and/or associated crossing permits, provided that such conveyance or assignment includes both Crestone's rights and its obligations for the subject Identified Well Pads, related facilities, special use permits, and/or crossing permits. For purposes of this paragraph, Crestone's rights include without limitation its vested development rights upon Town approval, and Crestone's obligations include without limitation its BMP obligations under Appendix A. 13. Surface Use Agreement. Crestone's predecessors -in -interest regarding certain lands in the N/2 of Section 18, Township 2 North, Range 67 West, Weld County, Colorado, the Firestone Finance Authority ("FFA"), and the Town entered into that certain Compatible Development and Surface Use Agreement dated September 25, 2006, which addresses Crestone's use of surface property owned by the Town. Concurrently with execution of this Agreement, Crestone, FFA, and the Town will execute an amendment to such Compatible Development and Surface Use Agreement to address uses of Town property associated with the Identified Well Pads. This Agreement will not be effective until Crestone, FFA, and the Town execute such amendment. [Signature page follows.] IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by a duly authorized representative on the day and year First above written. FIRESTONE: THE TOWN OF FIRESTONE a By: TA `�;5%4�� Name. r1 r 1 a. � Title: 81 �_. �� Date: ! 4 i� �a / CRESTONE: CRESTONE PEAK RESOURCES LLC By; Name: Title: V P Date: it 7 APPENDIX A BEST MANAGEMENT PRACTICES FOR PAD SITE LOCATIONS 1. Odor Mitigation. To mitigate the effects of odor from Crestone's operations, Crestone will consult with the Town regarding the selection and implementation of appropriate mitigation measures. These mitigation measures may include the following: A. Erect walls around the Identified Well Pads to limit air flow through the well sites during the drilling and completion of wells, These walls will have a minimum height of thirty-two (32) feet, and Crestone will consult with Firestone regarding whether the walls should have a height of more than thirty-two (32) feet at the Johnson, Kugel, and Sheley well pad sites; B. Add odor -suppression liquid to its drilling mud to neutralize odors; C. Install a chiller to cool the drilling fluid as it is piped through the recirculation system before routing to the suction tanks; D. Enclose the suction tank and shaker tanks; E. Continue to evaluate different additive formulations that have the potential to better suppress odors, including but not limited to non -diesel based additives; F. During flowback and well completions, utilize closed -loop green completion techniques to the maximum extent practicable to minimize emissions and the flaring of natural gas; and G. In order to reduce airflow and evaporation, cover trucks transporting drill cuttings, cover the drilling fluid mixing tanks, use a squeegee to remove drilling fluids from pipes as they exit the wellhore, and ensure that all drilling fluid is removed from pipes before storage. 2. Noise Mitigation. To reduce the noise effects on the Town and its residents during drilling, and to provide cost benefits to Crestone, all permanent equipment with engines or motors that can be electrified will be electrified from the power grid, except that operations pertaining to the Bighorn well pad will not be subject to this requirement if electricity from the power grid is not available at the site. If electricity from the power grid is unavailable at the Bighorn well pad, Crestone will use quiet design mufflers (also referred to as hospital grade or dual dissipative) or equivalent, or acoustically insulated housing or covers to enclose the motor or engine at the Bighorn well pad site. Additionally, A. Crestone agrees to use the Liberty Quiet Fleet or comparable technology from an alternative vendor on all well sites for completion operations; B. Crestone will install sound walls on all four sides of the Identified Well Pads during the drilling and completion at a minimum height as set forth in BMP LA; and C. Crestone will develop and implement in consultation with the Town a Noise Mitigation and Monitoring Plan that provides for continuous monitoring and modeling from four (4) sides of the facility at least 350 feet from the sound wall where possible provided that approval from surrounding surface owners can be obtained. The plan should identify site -specific noise mitigation techniques such as dirt moving to attenuate noise, and source - based noise mitigation. Crestone will share all information and reports from such monitoring and modeling with the Town. 3. Lighting. Crestone will install down cast lighting or some other form of lighting that mitigates light pollution and spill -over onto adjacent properties; provided, however, that Crestone may still use lighting that is necessary for public and occupational safety. 4. Road Repairs. The Parties recognize that truck traffic accessing the Identified Well Pads may cause damage to Firestone roads and that road repairs may be needed to mitigate such damage. Crestone will arrange for a qualified outside consultant to perform a road impact study for all Firestone roads that are used to access an Identified Well Pad during the Term. The consultant will conduct the first part of the study prior to Crestone's drilling and completions phase of operations at such Identified Well Pad and the second part of the study after Crestone completes all drilling and completions at such Identified Well Pad. The Parties will use these studies to determine the extent of any damage accruing to the road during the study period. Crestone will then promptly pay Firestone to repair such damage or else arrange and pay the cost of such repairs itself based on Firestone's preference. 5. Drilling Pipe and other Large Tubulars Loading. Crestone will not load large tubulars between 7:00 pm and 7:00 am Mountain Time. 6. Kugel Landscape Restoration. Crestone will consult with the Town to reduce the Kugel well pad footprint to the extent practicable and to mitigate potential visual effects of the Kugel pad site. A payment for landscaping at the Kugel pad site will be negotiated with and approved by the Town as part of the associated special use permit. APPENDIX B COOPERATIVE DEVELOPMENT AREA MAP [See attached.] APPENDIX C URBAN GROWTH BOUNDARY [See attached.] • mil; . - - SH 66 V V .01 ram' SH 119� FIIgESTONE.BLVD:: r U/ �! a � g •GAANTAVE a 0 APPENDIX D RIGHT OF WAY PRICING [See attached.] COLORADO State Land Board Department of Natural Resources Summary: Right-of-way Pricing This pricing will be used as a minimum charge for all rights -of -way delegated to staff for review and approval. The new pricing practices accomplish the following: 1. The pricing procedures align with the objective stated in Right-of-way Policy #400.001. That is, "To accommodate rights -of -way on state trust lands in a manner that minimizes encumbrances while preserving long-term real estate value, protecting natural values, allowing multiple uses and gchieying_appropriate market based returns". 2. The right-of-way pricing differentiates between uses that have different impacts on the land. 3. The right-of-way pricing encourages applicants to request the narrowest right-of-way possible to accommodate the desired use. 4. The right-of-way pricing charges for rights -of -way that cross virgin land. Right-of-way Pricing: The Colorado State land Board's (SLB) approach to pricing rights -of -way on state trust land uses a three step process. 1. Determines a value for the proposed right-of-way based on a fixed -value per measure of length using Table 1 below. The standard measure of length used to describe a right-of-way is the rod. A rod is 16.5 feet in length. 2. Calculate the value of the right-of-way based on the estimated market value of the property that will be encumbered. 3. Factor in any other variables unique to the trust land being encumbered. Use the greater of the two values as the consideration charge. 4. The minimum consideration for any right of way is $5,000. Table 1: ROW Pricing - ..<.ROW Width in l=eet and'Consideratian..Char e:^ er; Rod Proposed Use 0 to 20 21 to 25 26 to 30 31 to 35 i 36 to 40 41 to 45 46 to 50 Over 50 Underground Installations $ 34.00 $ 42.50 $ 51,00 $ 59.50 $ 68,00 $ 76,50 $ 85.p0 Board Decision Private Roads, Ditches and Canals $ 36.00 $ 45.00 $ 54.00 $ 63,00 $ 72.00 $ 81.00 $ 90.00 Board Decision Public Roads, railroads, reservoirs Board Decision Electric Power Transmission Lines $ 38.00 $ 47.50 $ 57.00 $ b6.50-t- $ 76.00 $ 85.50 $ 95.00 Board with capacity of 230 Kv or less Decision Electric Power Transmission Lines with capacity reater than 230 Kv Board Decision Page 1 of 1 General Information -ROW Revised 0912015 RESOLUTION 19-11 A RESOLUTION EXTENDING THE RECORDING PERIOD FOR THE OAK MEADOWS TOWNHOMES FINAL PLAT AND FINAL DEVELOPMENT PLAN WHEREAS, on September 26, 2018, the Board of Trustees for the Town of Firestone adopted Resolution No. 18-37 approving with conditions a Final Plat and Final Development Plan for Oak Meadows Townhomes; and WHEREAS, Section 10.30 of the Firestone Development Regulations provides that, subsequent to any Town Board approval, the applicant shall submit the final documents for recording by the Town Clerk and if the final documents are not recorded within 120 days of the date of Town Board approval, approval of the documents shall lapse and the applicant shall be required to submit a new application to be processed pursuant to the same procedures and requirements specified for the initial application; and WHEREAS, currently, final documents relating to the above -referenced final development plan are required to be recorded by January 24, 2019; and WHEREAS, the applicant has submitted to the Senior Planner a request to extend the recording deadline in order to allow them to prepare and finalize the documents necessary for completion and recordation; and WHEREAS, the Board of Trustees further finds the requirement set forth in Section 10.30 of the Development Regulations is administrative in nature and exists for the benefit of the Town, in order to ensure timely perfection of Town approvals, and that if the Board finds it to be in the best interest of the Town to extend such deadline it may do so; and WHEREAS, the Town Board concludes it is in the best interest of the Town to extend the time period for recording final documents for the Oak Meadows Townhomes application. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby extends until April 24, 2019 the recording deadline for the final documents for the Oak Meadows Townhomes application. INTRODUCED, READ AT Q .,_ADOPTED this 13t' day of February, 2019. TOWN OF FIRESTONE, COLORADO USEALB i Sind ,Mayor ATTEST: Leah Vanarsdall, Town Clerk 4473821 Pages: 1 of 2 03/18/2019 10:12 AM R Fee:$18.00 Carly Koppes, Clerk and Recorder Weld County: Co mill � � 1 �1�1�11,��" '� rNO 1111���r RESOLUTION NO. 19-10 A RESOLUTION AUTHORIZING THE APPROPRIATE TOWN OFFICIAL TO SIGN THE ASSIGNMENT OF SUBDIVISION AGREEMENT, SADDLEBACK FILING NO.3 WHEREAS, on October 17, 2018, Sterling Corporation ("Sterling"), a Colorado corporation, entered into a Subdivision Agreement ("Agreement") for Saddleback Filing No. 3 with the Town of Firestone ("Town") and such agreement was recorded in the records of the Clerk and Recorder of Weld County, Colorado at Reception No. 4440397 on October 22, 2018; and WHEREAS, Section 8.4 of the Agreement permits the assignment of the Agreement to other parties upon written approval of the Town; and WHEREAS, Sterling provided advance notice as required in Section 8.4 of the Agreement to the Town of its intent convey lots and tracts in Saddleback Filing No. 3 to Melody Homes, Inc. ("Melody"), and assign the rights and obligations of the Agreement to Melody; and WHEREAS, Sterling and Melody request approval of the Assignment of Subdivision Agreement by the Town; and WHEREAS, the Board of Trustees of the Town of Firestone, Colorado, considered the Assignment of Subdivision Agreement, Saddleback Filing No. 3, attached here to as Exhibit A, on February 13, 2019; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby approves the Assignment of Subdivision Agreement, Saddleback Filing No. 3, and authorizes the appropriate Town Official to sign and bind the Town to the Agreement. INTRODUCED, READ AND ADOPTED this 13th day of February, 2019. WN OF-EIRESTO-NE, COLORADO . TOWN r / bi Sir(de fir, Mayor ATT sT: SEAL o Leah Vanarsdali, Town Clerk GN7Y,'CO Exhibit A Assignment of Subdivision Agreement Saddleback Filing No. 3 4473821 Pages: 2 of 2 03/18/2019 10:12 PM R Pee:$18.00 Orly Koppes, Clerk and Recorder. Weid County, c0 9111 RIME 41114,1041041AN RESOLUTION NO.19-09 A RESOLUTION PRESCRIBING THE PAYMENT RATE FOR PAYMENTS OF CASH- IN- LIEU OF WATER RIGHTS DEDICATIONS TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town operates a municipal water system and requires the dedication of water rights in connection with the annexation, subdivision and development of, and water service to, properties within the Town; and WHEREAS, pursuant to Sections 1.08.050 and 13.08.010 of the Firestone Municipal Code, the Town allows, under prescribed circumstances and in the sole and absolute discretion of the Town, for the dedication requirement to be met by payment of cash in lieu of dedication; and WHEREAS, Sections 1.08.050 and 13.08.010 provide that the rate for payments of cash - in -lieu of water rights shall be as determined by the Board of Trustees from time to time by resolution, such rate to be not less than one hundred and ten percent (110%) of the then -current price of a Colorado Big Thompson ("CBT") unit, with an assumed annual yield of 0.60 acre-feet of actual water per CBT unit; and WHEREAS, the Board of Trustees previously approved a resolution setting the payment rate at $27,750.00 per unit of CBT water; and WHEREAS, the Board of Trustees desires to re -adopt such rate and confirm the assumed yield requirements of Sections 1.08.050 and 13.08.010 of the Firestone Municipal Code; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Effective upon the adoption of this resolution, the payment rate for payments of cash -in -lieu of water rights dedications shall be $38,750.00 per unit of Colorado Big Thompson ("CBT") water, with an assumed yield of 0.60 acre-feet per CBT unit. Said rate shall remain in effect until revised by subsequent resolution of the Board of Trustees. Section 2. The charges set by this resolution shall supersede and replace any charges previously set or adopted by the Board of Trustees for the same purpose. Section 3. All other resolutions or portions thereof inconsistent or conflicting with this resolution or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. PASSED AND ADOPTED THIS DAY OFF 12019. TOWN OF FIRESTONE, COLORADO :10-11"'..;1 V,$� fir•" TOWN r SEA 10 ATTEST: 1IM4j Leah Vanarsdall, Town Clerk bi Sin ar, Mayor RESOLUTION 19-08 A RESOLUTION RE -APPOINTING MUNICIPAL COURT JUDGES FOR A TERM OF NO LESS THAN TWO (2) YEARS WHEREAS, Colorado Revised Statutes §13-10-105 and Firestone Municipal Code 2.08.010(A) and 2.44.040(A) specifies the process for appointment and term of municipal judges; and WHEREAS, pursuant to such procedures the Town appoints the Municipal Court Judge and Associate Judges to provide support for Firestone Municipal Court; and WHEREAS, the previous two-year term of the Municipal Court Judge and Associate Judges expired on December 31, 2018; and WHEREAS, the Board of Trustees desires to reappoint the Municipal Court Judge and Associate Judges for an additional two-year term commencing on January 1, 2019 and concluding on December 31, 2020, on the same terms and conditions as set forth in their existing contracts; and WHEREAS, the Board of Trustees finds that this appointment is in the best interest of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Municipal Court Judges and Associate Judges are hereby reappointed for an additional two-year term commencing on January 1, 2019 and concluding on December 31, 2020 on the same terms and conditions as set forth in their existing contracts. Section 2. Resolution 19-08 is hereby adopted by the Firestone Board of Trustees and the re -appointment of the Municipal Judges as specified herein is hereby approved. INTRODUCED, READ AND ADOPTED this 23rd day of January, 2019. ATT ST: zakhh�ld_ Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO STOY t TOI�t obi Sin r, Mayor 10 =a SEA o ��m � Q RESOLUTION 19-07 A RESOLUTION APPROVING TOWN ATTORNEY LEGAL SERVICES ENGAGEMENT AGREEMENT WHEREAS, the Town is in need of Legal Services and has requested Williamson & Hayashi LLC provide that service; and WHEREAS, the Board of Trustees finds that this Town Attorney Legal Services Engagement Agreement is in the best interest of the Town and its citizens and desires to authorize its execution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Town Attorney Legal Services Engagement Agreement (the "Agreement") between the Town of Firestone and Williamson & Hayashi LLC is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. Section 2. The Town Manager is hereby authorized to execute and deliver the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 23`d day of January, 2019. m ' � o�O 0, rQ..Gy CIIVTY AT EST: Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO 44� �� dJ& &atbi Sind , Mayor RESOLUTION 19-06 A RESOLUTION APPROVING A FINANCIAL ADVISORY SERVICES ENGAGEMENT AGREEMENT FOR TOWN OF FIRESTONE LEASE -PURCHASE AGREEMENT AND ISSUANCE OF CERTIFICATES OF PARTICIPATION WHEREAS, the Town is in need of Financial Advisory Services for work related to the expansion of Town Hall, construction of new Public Works facilities, and the financing thereof and has requested Hilltop Securities Inc. provide that service; and WHEREAS, the Board of Trustees finds that this Financial Services Engagement Agreement is in the best interest of the Town and its citizens and desires to authorize its execution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Financial Services Engagement Agreement (the "Agreement") between the Town of Firestone and Hilltop Securities Inc. is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. Section 2. The Interim Town Manager is hereby authorized to execute and deliver the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 23d day of January, 2019. OF FIRESTONE, COLORADO , mayor AT(0 & �j T h /? & � Leah Vanarsdall, Town Clerk RESOLUTION 19-05 A RESOLUTION EXTENDING THE RECORDING PERIOD FOR ADVANCED FORMING TECHNOLOGY FILING NO.2 FINAL PLAT WHEREAS, on September 26, 2018, the Board of Trustees for the Town of Firestone adopted Resolution 18-38 approving with conditions a Final Plat for Advanced Forming Technology Filing No. 2; and WHEREAS, Section 10.30 of the Firestone Development Regulations provides that, subsequent to any Town Board approval, the applicant shall submit the final documents for recording by the Town Clerk and if the final documents are not recorded within 120 days of the date of Town Board approval, approval of the documents shall lapse and the applicant shall be required to submit a new application to be processed pursuant to the same procedures and requirements specified for the initial application; and WHEREAS, currently, final documents relating to the above -referenced final plat are required to be recorded by January 24, 2019; and WHEREAS, the applicant has submitted to the Senior Planner a request to extend the recording deadline in order to allow them to prepare and finalize the documents necessary for completion and recordation; and WHEREAS, the Board of Trustees fiarther finds the requirement set forth in Section 10.30 of the Development Regulations is administrative in nature and exists for the benefit of the Town, in order to ensure timely perfection of Town approvals, and that if the Board finds it to be in the best interest of the Town to extend such deadline it may do so; and WHEREAS, the Town Board concludes it is in the best interest of the Town to extend the time period for recording final documents for the Advanced Forming Technology Filing No. 2 application. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby extends until April 24, 2019 the recording deadline for the final documents for the Advanced Forming Technology Filing No. 2 application. INTRODUCED, READ AND ADOPTED this 23rd day of January, 2019. ATTE�ST/: �IdIIOW1'11 lGt/�( Leah Vanarsdall, Town Clerk TOWN _• S o .f �iVi"Y,••G�r. TOWN OF FIRESTONE, COLORADO bi Sindeld, Mayor RESOLUTION 19-04 A RESOLUTION TO APPROVE OF FILING OF CERTAIN CLAIMS OF FOR CONDITIONAL WATER RIGHTS FOR FIRESTONE RESERVOIRS 1 & 2; FOR THE FILING OF CERTAIN CLAIMS FOR CONDITIONAL WATER RIGHTS TO THE MOUNTAIN SHADOWS WELL, FIRESTONE TRAIL WELL FIELD, GOULD WELL FIELD, VARRA WELL FIELD AND ST. VRAIN SANITATION DISTRICT WELL FIELD; FOR A PLAN FOR AUGMENTATION; FOR THE CHANGE IN USE OF CERTAIN SHARES IN THE NEW CONSOLIDATED LOWER BOULDER RESERVOIR AND DITCH COMPANY AND THE RURAL DITCH COMPANY; AND FOR THE CHANGE IN USE OF EXISTING WATER RIGHTS FOR FIRESTONE RESERVOIR 1 AS DECREED IN CASE NO.05CW335, WATER COURT, DIVISION ONE. WHEREAS, the Board of Trustees of the Town of Firestone (the "Town" or "Firestone") is vested with the authority of administering the affairs of the Town of Firestone; and WHEREAS, the Town of Firestone desires to appropriate conditional water rights, including for storage, for Firestone Reservoir Nos. 1 & 2 and for the Firestone Central Park Reservoir; and WHEREAS, the Town of Firestone also desires to appropriate conditional water rights for the Mountain Shadows Well located in the NW'/4 of the SE'/4 of Section 1, Township 2 North, Range 68 West of the 61h P.M., the Firestone Trail Well Field located in the E %2 of the NW '/4 of Section 6, Township 2 North, Range 67 West of the 01' P.M., the Gould Well Field located in the SW 1/4 of the SW '/4 of Section 31, Township 3 North, Range 67 West of the Oh P.M., the Varra Well Field located in the NE '/4 of the SW '/4 of Section 31, Township 3 North, Range 67 West of the 61h P.M., and the St. Vrain Sanitation District Well Field located in the NW 1/4 of the SE 1/4 and the SW '/4 of the NE 1/4 of Section 31, Township 3 North, Range 67 West of the 6' P.M., all in Weld County, Colorado; and WHEREAS, the Town of Firestone also desires to change the use of certain shares in the New Consolidated Lower Boulder Ditch Company ("Lower Boulder") and the Rural Ditch Company, which shall include the appropriation of any return flows from such change; and WHEREAS, the Town of Firestone also desires to change the use of certain existing water rights for Firestone Reservoir 1 which were decreed in Case No. 05CW335, Water Court, Division 1; and WHEREAS, the Board of Trustees by this Resolution desires to approve the appropriations and change of water rights as described above and authorize their adjudication. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. Appropriation of Conditional Water Rights for Storage Reservoirs. The Board authorizes the filing of an application to appropriate conditional water rights for Firestone Reservoir No. 1, Firestone Reservoir No. 2 and the Firestone Central Park Reservoir. The beneficial uses of such conditional water rights shall include all municipal uses, including storage, augmentation, recharge, irrigation, commercial, industrial, substitution and exchange as well as recreation and piscatorial uses within the reservoirs. The Town of Firestone will fill each reservoir to capacity with an initial fill and one refill annually. The as -built storage capacity for the Firestone Reservoir No. 1 is 1,218.62 acre-feet. The anticipated as -built storage capacities for Firestone Reservoir No. 2 and the Firestone Central Park Reservoir are 1,200 acre-feet and 100 acre-feet, respectively. The initial fill for the Firestone Reservoir No. 1 may be diverted and stored under the 2005 water rights decreed in Case No. 05CW335, up to the maximum amounts decreed in that case. Portions of the annual refill for Firestone Reservoir No. 1 may be diverted and stored pursuant under the water rights decreed in Case No. 05CW335 with the remainder of the refill to occur from the appropriations described herein. The source of water used for the remainder of the re -fill of Firestone Reservoir No. 1 shall be from Boulder Creek and St. Vrain Creek from the appropriations of conditional water rights at the headgate for the Rural Ditch of 15 c.f s. and the Last Chance Ditch of 25 c.f.s. The source of water used to fill Firestone Reservoir No. 2 shall be from Boulder Creek and St. Vrain Creek from the appropriations of conditional water rights at the headgate for the Rural Ditch of 15 c.f.s. and the Last Chance Ditch of 25 c.f.s. The source of water used to fill the Central Park Reservoir shall be from Boulder Creek from and appropriation of a conditional water right at the headgate of the Lower Boulder Ditch of 25 c.f s. Each of the wells in listed in Paragraph 2 below may be used to fill each of the storage reservoirs described herein. 2. Appropriation of Conditional Water Rights for Wells. The Board authorizes the filing of an application to appropriate conditional water rights for the Mountain Shadows Well not to exceed 800 g.p.m., the Gould Well Field for a combined appropriation of all wells not to exceed 2,400 g.p.m., the Varra Well Field for a combined appropriation of all wells not to exceed 2,400 g.p.m., the Firestone Trail Well Field for a combined appropriation of all wells not to exceed 1,200 g.p.m. and the St. Vrain Sanitation District Well Field for a combined appropriation of all wells not to exceed 2,400 g.p.m all in the locations described in the recitals above. The beneficial uses of such conditional water rights shall include all municipal uses, including storage, augmentation, recharge, irrigation, commercial, industrial, substitution and exchange, as well as recreation and piscatorial uses within reservoirs. 3. Plan for Augmentation. The Board authorizes the filing of a plan for augmentation to include the out -of -priority diversions of water from those rights and structures as described in Paragraph 2 of this Resolution, as well as additional out -of -priority diversions from rights and structures which may be included in the plan in the future. 4. Change of Ditch Company Shares Owned by Firestone. The Board authorizes the filing of a change of water rights for the 2.41 shares of Rural Ditch Company, the 3.97 Preferred Shares and 6.6667 Common Shares of Lower Boulder owned by the Town for all beneficial uses of the municipal water system of Firestone as it currently exists or exists in the future, including, but not limited to, municipal, domestic, irrigation, commercial, industrial, recreation, fish and wildlife, augmentation, replacement, exchange and storage for these purposes. 5. Additional Change of Ditch Company Shares. The Board authorizes the Filing of a change of water rights for the 1.9 shares of Rural Ditch Company which is subject to that Option to Purchase Agreement entered into by and between the Town and L.G. Everist, Inc. dated December 20, 2018 for all beneficial uses of the municipal water system of Firestone as it currently exists or exists in the future, including, but not limited to, municipal, domestic, irrigation, commercial, industrial, recreation, fish and wildlife, augmentation, replacement, exchange and storage for these purposes. Authorization for such a change was approved by L.G. Everist, Inc. on July 13, 2018. 6. Change of Storage Reservoir Water Rights. The Board authorizes the filing of a change of water rights for those conditional water rights described and decreed in Case No. 05CW335, Water Division One, Weld County, Colorado which were acquired by the Town of Firestone and which shall be changed to include all beneficial uses of the municipal water system of Firestone as it currently exists or exists in the future, including, but not limited to, municipal, domestic, irrigation, commercial, industrial, recreation, fish and wildlife, augmentation, recharge, replacement, exchange and storage for these purposes. 7. The Mayor, Town Manager and other officers, employees and agents of the Town are authorized to take such actions as necessary in connection with the filing of the applications contemplated in this Resolution. 8. All action taken prior to the date of this Resolution by the Board or the officers or agents of the Board or the Town relating the applications contemplated herein are hereby ratified, approved and confirmed. 9. Nothing in this Resolution is intended to nor should be construed to create any multiple - fiscal year direct or indirect Town debt or fiscal obligation whatsoever. 10. If any portion of this Resolution 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 Resolution. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that on part or parts be declared unconstitutional or invalid. INTRODUCED, READ AND ADOPTED this 23`d day of January, 2019. ATTEST: TOWN OF FIRESTONE, COLORADO 973AL 10 .A "*Jw i"11) zr t L':� - raixq&W Leah Vanarsdall, Town Clerk RESOLUTION 1_9-03 A RESOLUTION APPROVING PURCHASING OF VEHICLES AND EQUIPMENT FOR THE COMMUNITY RESOURCES DEPARTMENT WHEREAS, pursuant to § 31-15-302, C.R.S., the financial powers of the Town of Firestone (the "Town") include the power to control the finances and property of the Town and appropriate money for municipal purposes; and WHEREAS, the Board of Trustees desires to purchase vehicles and equipment for the Community Resources Department ("CRD") for the purpose of providing services for the Town related to Parks and Irrigation; and WHEREAS, the Board of Trustees has budgeted $272,000 to purchase the vehicles and equipment identified below and appropriated such funds for use by CRD; and WHEREAS, CRD will purchase the vehicles and equipment identified below for an amount not to exceed $267,993.00; and WHEREAS, the Town will pay the following amounts for the identified items: • Kubota Utility Tractor with irrigation Backhoe BX23SLSB- R $17,433.70 • Kubota F3060 Mower/Snowplow $30,822.74 • Kubota F3030 Tractor $41,206.67 • Kubota UTV $25,065.05 • Trailer Source 14' Utility Trailer $2,244.00 • Bobcat 5600 $51,220.00 • Ford Qty 2 F250's with Utility Boxes $45,000.00/each • Jayhawk Trailers Qty 2 Utility Trailers $ 5,000.00/each; and WHEREAS, the Board of Trustees finds that the purchase of the vehicles and equipment as described herein is in the best interest of the Town and its citizens, and the Board of Trustees desires to authorize the purchases. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed purchase of vehicles and equipment for CRD as stated in this Resolution. INTRODUCED, READ AND ADOPTED this 9th day of January, 2019. TowN AT EST: m SEAL 100 L f Leah Vanarsdall, Fig- "FrlTown Cle TOWN OF FIRESTONE, COLORADO TA 1�60-m bbi Sr, d lar, Mayor RESOLUTION NO.19-02 A RESOLUTION OF THE TOWN OF FIRESTONE, COLORADO ADOPTING THE THREE MILE PLAN FOR THE TOWN OF FIRESTONE, COLORADO WHEREAS, pursuant to Section 31-12-105(1)(e), C.R.S. prior to the completion of any annexation within a three mile area outside of the municipal boundaries of a municipality ("Three Mile Area"), a municipality is required to have in place a plan ("Three Mile Plan") which generally describes the proposed location, character and extent of certain public facilities, located within the Three Mile Area; and; WHEREAS, the Town of Firestone has enacted, adopted and approved the various plans, documents, ordinances and resolutions (collectively "Plans") listed on "Exhibit A," attached hereto and incorporated herein; and WHEREAS, the Town Board has determined that the Plans, when considered together as a whole, adequately comply with the requirements of state law for the Three Mile Plan for the Town of Firestone; WHEREAS, to ensure that future annexations by the Town of Firestone are completed in compliance with the provisions of state law, the Town Board, by this Resolution, desires to formalize its understanding and intention that the Plans serve as the Three Mile Plan for the Town of Firestone; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Plans, as described in "Exhibit A," when considered together as a whole, shall constitute the Three Mile Plan for the Town of Firestone required pursuant to Section 31-12-105(l)(e), C.R.S. (the "Three Mile Plan"). Section 2. The Three Mile Plan is hereby adopted. Section 3. The Three Mile Plan shall be reviewed and revised as may be necessary or advisable, and shall be updated annually, and additional plans may be added to the Three Mile Plan from time to time, as they are developed and adopted. [SIGNATURES ON FOLLOWING PAGE] INTRODUCED, READ AND ADOPTED this 9"' day of January, 2019. 0* O 3 S lit # Q m: io A TEST: ��c•N.. . •��,pV OUN-N , Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLOR -ADO ►64 Sind+9r, Mayor 12/V1812:45 PMS:1Com iiity DcvcllopmcntlPlanninglFireslone-SIat7FEcs\Cnse\Thz Milt Anncmtion Plan120191201901-09 Row 19-02.doc EXHIBIT A TOWN OF FIRESTONE THREE MILE AREA PLAN ELEMENTS Documents as may be amended from time to time: ■ Town of Firestone Municipal Code ■ Town of Firestone 2013 Master Plan ■ Town of Firestone Development Regulations ■ Sump Basin Master Drainage Plan ■ South Weld 1-25 Corridor Master Drainage Plan ■ Town of Firestone Design Criteria & Construction Regulations ■ Town of Firestone Parks Design Criteria Manual ■ Town of Firestone Raw Water Irrigation S stem Master Plan ■ Town of Firestone Potable Master Plan ■ Ordinance 916 — Residential Development Impact Fees & Funds RESOLUTION 19-01 A RESOLUTION DESIGNATING THE PLACE FOR POSTING OF NOTICES OF MEETINGS OF THE BOARD OF TRUSTEES FOR THE TOWN OF FIRESTONE WHEREAS, C.R.S. § 24-6-402(2)(c) requires the Board of Trustees to designate the public place or places for posting of notices of the Board's public meetings. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES FOR THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to Section 24-6-402(2)(c), C.R.S., notices of meetings of the Board of Trustees for the Town of Firestone shall be posted at the front entrance window of the Firestone Town Hall, 151 Grant Avenue, Firestone, CO 80520. Meeting notices may additionally be published on the Town's website, www.firestoneco.gov. INTRODUCED, READ, and ADOPTED this 9 h day of Januar , 2019. TOWN OF FIRESTONE, COLORADO fm do bi SinMar. Mayor ATTEST: Leah Vanarsdall,