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HomeMy WebLinkAbout2014 - 2017Town Board Orriinqnr.P-5 512017 D02 ORDINANCE NO. '�3O AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFICIAL USE OF WATER ON BEHALF OF THE TOWN OF FIRESTONE, A MUNICIPAL CORPORATION, AND PRESCRIBING THE TERMS FOR APPLICATION FOR AN ALLOCATION OF THE RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER TO SAID TOWN OF FIRESTONE BY NORTHERN COLORADO WATER CONSERVANCY DISTRICT. WHEREAS, under the Water Conservancy Act of Colorado, Title 37, Article 45, Colorado Revised Statutes of 1973, it is necessary that the Board of Trustees of the Town of Firestone, a Colorado municipal corporation, in order to obtain the perpetual right to use Colorado -Big Thompson Project water on an annually renewable basis under C.R.S. 37-45-131 within the boundaries of the Northern Colorado Water Conservancy District, contract for the beneficial use of water from Northern Colorado Water Conservancy District, and the Town by this ordinance desires to authorize and direct the Mayor and Town Clerk to apply to the Board of Directors of said District for such water contract. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1: That the Town of Firestone has determined to apply for a contract providing for the beneficial use of One Hundred and Thirteen (113) acre-feet of water from Northern Colorado Water Conservancy District within the boundaries of the Northern Colorado Water Conservancy District. Section 2: That the Moor and Town Clerk be and are hereby authorized and directed to apply to the Board of Directors of said Northern Colorado Water Conservancy District for a contract providing to the Applicant the beneficial use of water upon terms prescribed by said Board in the manner and form as in this section provided, to -wit: APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ANNUALLY RENEWABLE PERPETUAL WATER CONTRACT FOR RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER UNDER C.R.S. 37-45-131 Applicant, Town of Firestone, a Colorado municipal corporation, acting as governing bodes water activity_ enterprise, hereby applies to Northern Colorado Water Conservancy .District (hereinafter "Northern Water"), a political subdivision of the State of Colorado, organized and existing by virtue of Title 37, Article 45, Colorado Revised Statutes, for a contract for the right to beneficially use Colorado -Big Thompson Project water under the following terms and conditions: 1. The quantity of water herein requested by Applicant for annual application to beneficial use is One Hundred and Thirteen (113) acre-feet to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. 2. It is understood and agreed by the Applicant that any water provided for use under this contract by the Board of Directors of Northern Water shall be primarily for domestic, irrigation, or industrial use within or through facilities or upon lands owned or served by said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the use of water (whether water service is provided by direct delivery, by exchange, or otherwise) shall be situated within the boundaries of Northern Water. 3. Applicant agrees that an acre-foot of water as referred to herein is defined as being one - three -hundred -ten thousandth (l I310,000) of the quantity of water annually declared by the Board of Directors of Northern Water to be available for delivery from the water supplies of the Northern Water. Applicant agrees that such water shall be delivered from the works of the Northern Water at such existing Northern Water delivery point orpoints as may be specified by the Applicant and that the water delivery obligation of Northern Water shall terminate upon release of water from said works. Further, the Applicant agrees that on November 1 of each year, any water undelivered from the annual quantity made available to the Applicant shall revert to the water supplies of Northern Water. 4. Applicant agrees to pay annually in advance for the amount of water herein provided for use under this contract by the Board of Directors of Northern Water at a price per acre-foot to be fixed annually by said Board; and, further, agrees that the initial annual payment shall be made, in full, within fifteen (15) days after the date of notice from Northern Water that the initial payment is due hereunder. Said notice will advise the Applicant, among other things, of the water year to which the initial payment shall apply and the price per acre-foot which is applicable to that year. Annual payments for each water year thereafter shall be made in advance by the Applicant on or before each October 1, 31 days prior to the start of the water year, at the rate per acre-foot established by the Board for municipal water use in that water year. For the purpose of this water contract, the water year is defined to be from November l to October 31 of the following year. If an annual payment as herein provided is not made by due date, written notice thereof, by certified mail, will be given by Northern Water to the Applicant at the following address: P. O. Box 100, Firestone, CO 80520. Water deliveries shall be suspended as of November 1 of the new water year until payment of the delinquency is made. If payment is not made within ninety (90) days after the date of mailing of said written notice, Applicant shall have no further right, title, or interest under this contract; and the right of use of water as herein made, shall be disposed of at the discretion of the Board of Directors of Northern Water. Any proceeds from any sale of the right of use to another allottee shall be paid to Applicant over and above Northern Water's actual expense in terminating and disposing of the contract right of use. 2 5. This right of use shall be perpetual on an annually renewable basis. If the annual payment is made as provided in this application, the right of use shall be automatically renewed another water year without any further action of Northern Water; if the annual payment is not timely made, as provided above, the right of use shall terminate. 6. Applicant agrees that the water allocation shall be beneficially used for the purposes and in the manner specified herein, and that this right of use is made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors or assigns of said Applicant without prior specific approval of the Board of Directors of Northern Water. 7. Applicant agrees to be bound by the provisions of the Water Conservancy Act of Colorado; the rules, regulations and policies of the Board of Directors of Northern Water as they may now exist or as they exist in the future; and by the Repayment Contract of July 5, 1938, between Northern Water and the United States and all amendments thereof and supplements thereto. 8. Applicant agrees, as a condition of this contract, to enter into an "Operating Agreement" with Northern Water if and when the Board of Northern Water finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by Northern Water. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard contracts of Northern Water; additional annual monetary consideration for extension of Northern Water delivery services and for additional administration, operation and maintenance costs; or for other costs to Northern Water which may arise through provision of services to the Applicant. Section 3: In the opinion of the Board of Trustees of the Town of Firestone, acquisition of this annually renewable perpetual right of use water contract for the Colorado -Big Thompson Project water from Northern Water and the right to the beneficial use of water thereunder by said Town of Firestone is necessary; the continued acquisition and use of this water supply is essential for the well- being of the community and for the preservation of the public peace, health, and safety; and the adequate protection of the health of the inhabitants of the community. Section 4: The Mayor and Town Clerk are hereby authorized to execute on behalf of Applicant all Application materials and other documents necessary to effect the contract herein specified. Passed and adopted, signed and approved this 4 day of Ja , A.D., 2014. TOWN OF FIRESTONE By: rj L) L Chad Auer, Mayor 91 ATTEST: ��REs OAV r TOWN b M_ is 1 at �� c� �•y ff o� ssa Iredina, Town Clerk oc,j�-. 01, APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ANNUALLY RENEWABLE PERPETUAL WATER CONTRACT FOR RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER UNDER C.R.S. 37-45-131 Applicant, Town of Firestone, a Colorado municipal corporation acting in its governmental capacity or a water activity enterprise (circle capacity in which applicant is acting), hereby applies to Northern Water, a political subdivision of the State of Colorado, organized and existing by virtue of Title 37, Article 45, Colorado Revised Statutes, for a contract for the right to beneficially use Colorado -Big Thompson Project water under the following terms and conditions: 1. The quantity of water herein requested by Applicant for annual application to beneficial use is 113 acre-feet to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. 2. It is understood and agreed by the Applicant that any water provided for use under this contract by the Board of Directors of Northern Water shall be primarily for domestic, irrigation, or industrial use within or through facilities or upon lands owned or served by said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the use of water (whether water service is provided by direct delivery, by exchange, or otherwise) shall be situated within the boundaries of Northern Water. 3. Applicant agrees that an acre-foot of water as referred to herein is defined as being one -three -hundred -ten -thousandth (1/310,000) of the quantity of water annually declared by the Board of Directors of Northern Water to be available for delivery from the water supplies of Northern Water. Applicant agrees that such water shall be delivered from the works of Northern Water at such existing Northern Water delivery point or points as may be specified by the Applicant and that the water delivery obligation of Northern Water shall terminate upon release of water from said works. Further, the Applicant agrees that on November 1 of each year, any water undelivered from the annual quantity made available to the Applicant shall revert to the water supplies of Northern Water. 4. Applicant agrees to pay annually in advance for the amount of water herein provided for use under this contract by the Board of Directors of Northern Water at a price per acre-foot to be fixed annually by said Board; and, further, agrees that the initial annual payment shall be made, in full, within fifteen (15) days after the date of notice from Northern Water that the initial payment is due hereunder. Said notice will advise the Applicant, among other things, of the water year to which the initial payment shall apply and the price per acre-foot which is applicable to that year. Annual payments for each water year thereafter shall be made in advance by the Applicant on or before each October 1, 31 days prior to the start of the water year, at the rate per acre-foot established by the Board for municipal water use in that water year. For the purpose of this water contract, the water year is defined to be from November 1 to October 31 of the following year. If an annual payment as herein provided is not made by due date, written notice thereof, by certified mail, will be given by Northern Water to the Applicant at the following address: P.O. Box 100, Firestone, Colorado 80520. Water deliveries shall be suspended as of November 1 of the new water year until payment of the delinquency is made. If payment is not made within ninety (90) days after the date of mailing of said written notice, Applicant shall have no further right, title, or interest under this contract; and the right of use of water as herein made, shall be disposed of at the discretion of the Board of Directors of Northern Water. Any proceeds from any sale of the right of use to another allottee shall be paid to Applicant over and above Northern. Water's actual expense in terminating and disposing of the contract right of use. 5. This right of use shall be perpetual on an annually renewable basis. If the annual payment is made as provided in this application, the right of use shall be automatically renewed another water year without any further notice of Northern Water; if the annual payment is not timely made, as provided above, the right of use shall terminate. 6. Applicant agrees that the water allocation shall be beneficially used for the purposes and in the manner specified herein, and that this right of use is made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors or assigns of said Applicant without prior specific approval of the Board of Directors of Northern Water. 7. Applicant agrees to be bound by the provisions of the Water Conservancy Act of Colorado; the rules, regulations and policies of the Board of Directors of Northern Water as they now exist or as they exist in the future; and by the Repayment Contract of July 5, 1938, between Northern Water and the United States and all amendments thereof and supplements thereto. 8. Applicant agrees, as a condition of this contract, to enter into an "Operating Agreement" with Northern Water if and when the Board of Northern Water finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by Northern Water. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard contracts of Northern Water; additional annual monetary consideration for extension of Northern Water delivery services and for additional administration, operation and maintenance costs; or for other costs to Northern Water which may arise through provision of services to the Applicant. 9. Acquisition of this annually renewable perpetual right of use water contract for the Colorado -Big Thompson Project water from Northern Water and the right to the beneficial use of water thereunder by the Applicant necessary; the continued acquisition and use of this water supply is essential for the well-being of the community and for the preservation of the public peace, health, and safety; and the adequate protection of the health of the inhabitants of the community. 10. The governing body of Applicant has duly approved this Application in accordance with all legally required procedures. Signed this day of , A.D., II: ATTEST: (SEAL) TOWN OF FIRESTONE ORDER ON APPLICATION Application having been made by or on behalf of all parties interested in this allocation of the right to use Colorado -Big Thompson Project water and after a Hearing by the Board, it is hereby ORDERED that the above application be granted and an allotment contract for 113 acre-feet of water is hereby made to the Town of Firestone, a Colorado municipal corporation, for the beneficial uses set forth in said application upon the terms, conditions, and manner of payment as therein specified. NORTHERN COLORADO WATER CONSERVANCY DISTRICT President I hereby certify that the above Order was entered by the Directors of Northern Colorado Water Conservancy District on the day of , A.D., ATTEST: Secretary APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR CANCELLATION OF TEMPORARY USE PERMITS The Town of Firestone hereby applies for the cancellation of the following Temporary Use Permits: Permits Dated Acre -Feet March 8, 2013 04 May 10, 2013 03 May 10, 2013 70 May 10, 2013 16 May 10, 2013 04 May 10, 2013 08 May 10, 2013 08 Total Quantity to be Released 113 Dated at Firestone, Colorado this ATTEST: (SEAL) day of TOWN OF FIRESTONE ORDER ON APPLICATION 20 Application having been made by the Town of Firestone for the cancellation of the above Temporary Use Permits, and Hearing having been held by the Board of Directors of Northern Colorado Water Conservancy District, it is hereby ORDERED that the above Temporary Use Permits be canceled. Dated the day of , 20 ATTEST: Secretary NORTHERN COLORADO WATER CONSERVANCY DISTRICT President ORDINANCE NO.837 AN ORDINANCE ADOPTING BY REFERENCE THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE AND ENACTING AMENDMENTS THERETO; AMENDING CERTAIN SECTIONS OF THE FIRESTONE MUNICIPAL CODE IN CONNECTION WITH THE ADOPTION OF SUCH CODE; ESTABLISHING PENALTIES FOR VIOLATIONS OF SUCH CODE; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. WHEREAS, the International Code Council has developed a series of international building, housing and safety standards, including but not limited to the International Fire Code, which are designed and intended to be used together; and WHEREAS, the Town's emergency services providers and the Town's Chief Building Official have recommended the Board of Trustees adopt the 2012 Edition of the International Fire Code with certain amendments; and WHEREAS, the Board of Trustees, after proper notice as required by law, has held a public hearing on this ordinance providing for the adoption of the 2012 International Fire Code with amendments; and WHEREAS, the Board of Trustees has determined it is in the best interest of the citizens of Firestone, and in the interest of the public health, safety and general welfare, to adopt by reference the 2012 International Fire Code, with amendments; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 15.32.010 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: 15.32.010 International Fire Code, 2012 Edition adopted. Subject to the amendments set forth in 15.32.020, below, the International Fire Code, 2012 Edition, as published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478 (the "International Fire Code"), is hereby adopted by this reference and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the 2012 International Fire Code is to: (1) regulate and govem the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices; (2) provide greater safety and protection to the public from conditions hazardous to life or property in the occupancy of buildings or premises; and (3) provide for the issuance of permits and collection of fees therefor. Except as amended in 15.32.020, below, the 2012 International Fire Code is adopted in full, including the outline of contents, index, Chapters 1-45 and Appendix Chapters A-G. Any reference to the International Fire Code within this chapter or to the fire code within this chapter or code shall be to the 2012 Edition of said International Fire Code. The town clerk shall maintain sufficient copies of the International Fire Code® as required by law in the town hall. The code adopted herein shall be enforced by the fire district having jurisdiction within the town, which district shall serve as the bureau of fire prevention of the town. Section 2. Section 15.32.020 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: 15.32.020 Additions and deletions. The following additions, amendments and deletions are made to the International Fire Code, 2012 Edition: A. Section 108.1 of the International Fire Code is amended to read: In order to hear and decide appeals of orders, decisions or determinations made by the fire code official in the application and interpretation of this code, there is hereby created a board of appeals. The three -member board of appeals shall be comprised of the Chief Building Official, the Fire Chief, and an independent fire safety engineer, architect, industrial hygienist or other qualified individual with expertise in interpreting and applying this code with respect to the specific issues being appealed, and who is mutually agreed upon by the Chief Building Official and the Fire Chief. The board of appeals may adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a copy to the fire code official. B. Section 108.3 is deleted in its entirety. C. Appendix A of the International Fire Code is deleted in its entirety, and the following new Appendix A is added: Appendix A — Board of Appeals Section A 10 1 — General. A101.1 Scope. A board of appeals shall be established within the jurisdiction for the purpose of hearing applications for modification of the requirements of the International Fire Code pursuant to the provisions of Section 108. The board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants, the fire code official, and other interested parties pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions. A101.2 Membership. The three -member board shall consist of the Chief Building Official, the Fire Chief, and an independent fire safety engineer, architect, industrial hygienist or other qualified individual with expertise in interpreting and applying this code with respect to the issues being appealed. The fire Chief and the Chief Building Official shall mutually agree upon the individual to serve as the third board member. A 101.3 Quorum. All three members of the board are required for a quorum. In varying the application of any provisions of this code or in modifying an order of the fire code official, an affirmative vote of at least two of the three board members is required. A101.4 Secretary of the Board. The Fire District's Administrative Assistant shall serve as the secretary of the board and shall keep a detailed record of all its proceedings, which shall set forth the reasons for its decisions, and the vote of each member. A101.5 Meetings. The board shall meet within ten (10) days after notice of appeal has been received, or as soon thereafter as practicable. A101.6 Procedures. The board shall establish rules and regulations for its own procedures not inconsistent with the provisions of the Firestone Municipal Code and laws of the State of Colorado. A101.7 Decisions.. Every decision shall be promptly filed in writing in the office of the fire code official, the town manager, and town clerk and shall be open to public inspection. A copy of such decision shall be kept publicly posted in the office of the fire code official for twenty-one days (21) days after filing. A certified copy of the final board decision shall be sent by mail or otherwise to the appellant by the fire code official. A101.8 Board of Trustees Review. The town board of trustees, at its discretion and by motion, may call up any decision of the board within twenty-one (21) days after the date of issuance of the board's written decision. 1n the event of such call up, the following shall apply: A101.8.1 The board of trustees shall consider the board's decision at a public hearing held subsequent to the meeting at which the decision was called up, and notice of such public hearing shall be provided to the appellant at least five (5) days in advance of the public hearing. A] 01.8.2 The board of trustees call up review shall be de novo; in addition to the information submitted at its public hearing, the board of trustees may receive and consider the board's minutes, any staff reports, and reviews and recommendations provided by town staff or fire district 3 staff, and such other information as the board of trustees determines relevant to review of the decision subject to its call up. A101.8.3. The board of trustees may uphold, reverse or modify the decision of the board subject to its call up. The board of trustees' decision shall be promptly filed in writing in the office of the fire code official and the town clerk and shall be open to public inspection. A copy of such board of trustees decision shall be kept publicly posted in the office of the fire code official for twenty-one days (21) days after filing. A certified copy of the final board of trustees decision shall be sent by mail or otherwise to the appellant by the town clerk. A101.8.4 Failure of the board of trustees to call up a decision of the board prior to the expiration of twenty-one (21) days after the date of issuance of the board's written decision shall render the board's decision final for purposes of judicial review. Section 3. Section 15.32.030 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: 15.32.030 Violation and penalties. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of the provisions of this chapter or the provisions of the fire code adopted and incorporated herein, or to otherwise violate any provisions of this chapter or of the fire code adopted and incorporated herein. Any person convicted of a violation of any provision of this chapter or of the provisions of the code adopted and incorporated herein shall be subject to the penalty provided in Section 1.16.010 of the Town Code. Section 4. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. The repeal or modification of any provision of any prior ordinance by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose 4 of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED AND ORDERED PUBLISHED on the S`h day of January, 2014. ADOPTED AND ORDERED PUBLISHED AFTER PUBLIC HEARING on the 12th day of February, 2014. F�R o� fl =, SEA r�o ATTEST: ' `'•� fQQ O��rY' ,GOO CrMissaMedi 2'� na Town Clerk TOWN OF FIRESTONE, COLORADO C Li 1 Chad Auer ORDINANCE NO. AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING THE ISSUANCE OF TOWN OF FIRESTONE, COLORADO, SALES TAX REVENUE BONDS, SERIES 2014. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Definitions. As used herein, unless the context requires otherwise, the capitalized terms below shall have the following meanings: Act: Sections 29-2-I11 and 29-2-112, C.R.S. Board: the Board of Trustees of the Town. Bond or Bonds: the Town's Sales Tax Revenue Bonds, Series 2014, dated as of the date of their delivery to the Underwriter, as authorized by this Ordinance. Bond Account: the "Town of Firestone, Colorado, Sales Tax Revenue Bonds, Series 2014, Bond Account," created herein as a special account of the Capital Improvement Fund for the purpose of paying the principal of, premium, if any, and interest on the Bonds. Bond Insurance Policy: the municipal bond insurance policy issued by the Bond Insurer that guarantees payment of principal of and interest on the Bonds when due, if set forth in the Sale Certificate. Certificate. Bond Insurer: the issuer of the Bond Insurance Policy, if set forth in the Sale Bond Purchase Agreement: the Bond Purchase Agreement between the Town and the Underwriter pursuant to which the Underwriter agrees to purchase the Bonds. Bond Registrar or_Re ig strar: U.S. Bank National Association, or its successor, which shall perform the registration, transfer and exchange functions as set forth in this Ordinance and the Paying Agent Agreement. Business Day: any day, other than a Saturday, Sunday or legal holiday or a day (a) on which banks located in the Town or in the city in which the principal offices of the Paying Agent are located are required or authorized by law or executive order to close or (b) on which the Federal Reserve System is closed. Capital Improvement Fund: a special fund of the Town designated as the "Town of Firestone Sales Tax Capital Improvement Fund" established by Section 3.08.080 of the Town Code. The Bond Account and Reserve Account are special accounts in the Capital Improvement Fund. Cede: Cede & Co., the nominee of DTC as record owner of the Bonds or any successor nominee of DTC with respect to the Bonds. Continuing Disclosure Certificate: the undertaking executed by officers of the Town simultaneous with the delivery of the Bonds which enables the Underwriter to comply with the Rule. Costs of Issuance Fund: the Costs of Issuance Fund created in the Paying Agent Agreement and held by the Paying Agent to pay the costs of issuance of the Bonds. date hereof. C.R.S. the Colorado Revised Statutes, as amended and supplemented as of the Depository any securities depository as the Town may provide and appoint, in accordance with the guidelines of the Securities and Exchange Commission, which shall act as securities depository for the Bonds. and assigns. Ordinance. DTC: The Depository Trust Company, New York, New York, and its successors Event of Default: one or more of the events set forth in Section 22 of this Federal Securities: only non -callable direct obligations of the United States of America and securities fully and unconditionally guaranteed as to the timely payment of principal and interest by the United States of America, to which direct obligation or guarantee the full faith and credit of the United States of America has been pledged. Finance Director: the duly appointed Finance Director of the Town. Official Statement: the final Official Statement in substantially the form of the Preliminary Official Statement with respect to the Bonds. Ordinance: this Ordinance, which authorizes the issuance of the Bonds. Outstanding: as of any date of calculation, all Bonds theretofore executed, issued and delivered by the Town except: W (a) Bonds theretofore cancelled by the Town, Registrar or Paying Agent, or surrendered to the Town, Registrar or Paying Agent for cancellation; (b) Bonds in lieu of or in substitution for which other Bonds shall have been executed, issued and delivered by the Town and authenticated by the Registrar unless proof satisfactory to the Registrar is presented that any such Bonds are duly held by the lawful registered owners thereof; or (c) Bonds deemed to have been paid as provided in Section 20 hereof. Owner or Registered Owner or Bondowner: when used with respect to a Bond or Bonds, means the registered owner of any Outstanding Bond. Parity Lien Bonds: one or more series of additional bonds, notes, certificates, contracts, or other similar obligations issued in accordance with Section 19 hereof, payable in whole or in part from the Capital Improvement Fund and the Pledged Revenues and having a lien thereon on a parity with the lien on the Bonds. Paying -Agent: U.S. Bank National Association, or its successors and assigns, which shall perform the function of paying agent as set forth in this Ordinance and the Paying Agent Agreement. Paying Agent Agreement: the Registrar and Paying Agent Agreement dated as of the date of delivery of the Bonds, between the Town and the Paying Agent. Permitted Investments: any of the investments or deposits which are at the time permitted by the laws of the State of Colorado and applicable ordinances or other provisions of the Town Code. Pledged Revenues: (i) the net revenue derived from the Sales Tax at the rate of one percent (1.00%), which was approved at the 2013 Election, which is hereby pledged to be deposited in or credited to the Capital Improvement Fund; (ii) proceeds of the Bonds or other legally available moneys deposited into and held in the Capital Improvement Fund, the Bond Account and the Reserve Account; (iii) interest or investment income on the Bond Account and the Reserve Account; t (iv) any additional legally available taxes {other than general ad valorem taxes), funds or revenues which the Board hereafter pledges to the payment of the Bonds and that are deposited into and held in the Capital Improvement Fund, the Bond Account or the Reserve Account; and (v) to the extent permitted by this Ordinance, the proceeds derived by the Town from any legally available tax or taxes or fees (other than general ad valorem taxes) which replace or supersede the Town's Sales Tax, regardless of whether such taxes or fees are imposed by the Town, the State or any other political subdivision thereof; all to the extent that any of the foregoing are at any time required by Section 17 hereof to be deposited into and held in the Capital Improvement Fund, the Bond Account or the Reserve Account. Notwithstanding the foregoing, or any other provision of this Ordinance, the term "Pledged Revenues" does not include: (i) any amounts determined, pursuant to the Sales Tax Ordinance, and other applicable law, to be subject to valid claims for refunds; (ii) amounts in or required to be paid into the Rebate Account or any similar account for Parity Lien Bonds; (iii) moneys retained by the Town for costs of collection, administration and enforcement of the Sales Tax; (iv) amounts lawfully withheld by retailers and vendors to cover their expenses in collecting and remitting the Sales Tax; (v) the proceeds of any increase in the Sales Tax above one percent (1.00%) that is to be deposited in the Capital Improvement Fund, unless such increase is expressly pledged to the payment of the Bonds by the Board; or (vi) incremental sales taxes which are pledged to the payment of obligations issued pursuant to an urban renewal plan as defined in Section 31-25-103(9), C.R.S., a plan of development as defined in Section 31-25- 802(6.4), C.R.S., or a value capture plan as defined in Section 43-4-508, C.R.S. Preliminary Official Statement: the Preliminary Official Statement with respect to the Bonds issued pursuant to this Ordinance. Project: collectively, any of the projects to be financed with the proceeds of the Bonds as authorized by the Town's voters at the 2013 Election, funding the Reserve Account (if set forth in the Sale Certificate), and the costs of issuance of the Bonds. 4 Proposal: the proposal of the Underwriter to purchase the Bonds as evidenced in the Bond Purchase Agreement. Rebate Account: the account created herein for the purpose of complying with the provisions of Section 17(c) hereof. Record Date: the fifteenth (15th) day of the calendar month next preceding each interest payment date for the Bonds. Reserve Account: the "Town of Firestone, Colorado, Sales Tax Revenue Bonds, Series 2014, Reserve Account" of the Capital Improvement Fund created herein for the purpose of further securing the payment of the principal of and interest on the Bonds. Reserve Account Insurance Policy: any bond insurance policy, surety bond, letter or line of credit or similar instrument which is utilized in lieu of cash or Permitted Investments in the Reserve Account Reserve Account Requirement: an amount equal to the least of (i) 10% of the stated principal amount of the Bonds, unless original issue discount or premium on such Bonds exceeds 2%, then 10% of the issue price of the Bonds, (ii) 100% of the maximum annual debt service requirements on the Bonds, or (iii) 125% of the average annual debt service requirements on the Bonds, or such other amount as is set forth in the Sale Certificate. Rule: Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1.934, as amended (17 CFR Part 240, § 140.15c2-12). Sale Certificate: the certificate executed by the Town Manager or the Finance Director of the Town dated on or before the date of delivery of the Bonds, setting forth those determinations that may be delegated to such officials pursuant to Section 11-57-205(1), C.R.S., subject to the parameters and restrictions contained in Section 5(b) of this Ordinance. Sales Tax: the Town's three percent (3%) sales tax on the sale of tangible personal property at retail and the furnishing of services imposed by the Sales Tax Ordinance. to time. Sales Tax Ordinance: Section 3.08.040 of the Town Code, as amended from time Special Record Date: a special date fixed to determine the names and addresses of Owners of Bonds for purposes of paying interest on a special interest payment date for the payment of defaulted interest. 5 Subordinate Lien Bonds: additional bonds, notes, certificates, contracts, or other similar obligations, issued in accordance with Section 19 hereof, payable in whole or in part from the Capital Improvement Fund and Pledged Revenues and having a lien thereon which is subordinate to the lien of the Bonds and Parity Lien Bonds. Supplemental Act: the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, Colorado Revised Statutes. Surety Provider: the entity issuing a Reserve Fund Insurance Policy to secure the Bonds, if set forth in the Sale Certificate. Tax Code: the Internal Revenue Code of 1986, as amended to the date of delivery of the Bonds, and applicable regulations and rulings thereunder. Term Bonds: Bonds that are payable on or before their specified maturity dates from sinking fund payments established for that purpose and calculated to retire such Bonds on or before their specified maturity dates. time. Town: the Town of Firestone, Colorado. Town Code: the municipal code of the Town, as it may be amended from time to 2013 Election: means the special municipal election held in the Town on November 5, 2013. Underwriter: George K. Baum & Company. Section 2. Recitals. (a) The Town is a legal and regularly created, established, organized and existing municipal corporation under the Constitution and laws of the State of Colorado. (b) At the 2013 Election, the registered electors of the Town approved the following ballot question which authorized an increase in the rate of the Sales Tax imposed by the Town: SHALL TOWN OF FIRESTONE TAXES BE INCREASED $1.7 MILLION IN 2014 AND THEN ANNUALLY BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED THEREAFTER BY THE IMPOSITION OF A SALES TAX AT THE RATE OF 1.0 PERCENT TO FINANCE: (1) THE ACQUISITION, DEVELOPMENT, CONSTRUCTION, REPAIR, REPLACEMENT, EXPANSION, REHABILITATION AND RENOVATION OF EXISTING AND PLANNED STREETS AND PARKS, INCLUDING BUT NOT LIMITED TO: on • WIDENING FIRESTONE BOULEVARD, • RECONSTRUCTION OF COLORADO BOULEVARD, • RECONSTRUCTION OF STREETS IN HISTORIC FIRESTONE, • IMPROVEMENTS TO MCCLURE AVENUE AND LOCUST STREET, • CONSTRUCTION OF SABLE AVENUE SIDEWALKS, AND (2) OPERATING OR MAINTAINING ANY EXISTING OR PLANNED PARKS AND STREETS INCLUDING WITHOUT LIMITATION ONGOING OPERATIONS AND MAINTENANCE OF STREETS AND PARKS IN FIRESTONE TO EXTEND THEIR USEFUL LIFE AND, IN THE CASE OF STREETS, IMPROVE DRIVER AND PEDESTRIAN SAFETY; WITH THE SALES TAX INCREASE TO COMMENCE JANUARY 1, 2014 AND TO BE COLLECTED IN ADDITION TO THE TOWN'S SALES TAX OF 2.0 PERCENT UPON THE TOWN'S EXISTING SALES TAX BASE, SO THAT THERE CONTINUES TO BE NO TOWN SALES TAX UPON SALES OF FOOD FOR DOMESTIC HOME CONSUMPTION; AND SHALL SUCH TAX REVENUES AND THE EARNINGS FROM THE INVESTMENT OF SUCH TAX REVENUES BE COLLECTED, RETAINED AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? (c) At the 2013 Election, the registered electors of the Town authorized an increase in the debt of the Town pursuant to the following ballot question: SHALL TOWN OF FIRESTONE DEBT BE INCREASED $9.5 MILLION, WITH A REPAYMENT COST OF $15.9 MILLION (MAXIMUM PRINCIPAL AND INTEREST); SUBJECT TO THE FOLLOWING: ALL OR ANY PORTION OF THE NET PROCEEDS OF THE TOWN SALES TAX, AS DETERMINED BY THE BOARD OF TRUSTEES, MAY BE DEPOSITED TO THE TOWN'S SALES TAX CAPITAL IMPROVEMENT FUND, WHICH IS HEREBY AUTHORIZED TO BE CREATED, TO BE COLLECTED, RETAINED AND SPENT TO FINANCE THE ACQUISITION, DEVELOPMENT, CONSTRUCTION, REPAIR, REPLACEMENT, EXPANSION, REHABILITATION AND RENOVATION OF 7 EXISTING AND PLANNED STREETS AND PARKS, INCLUDING BUT NOT LIMITED TO: • WIDENING FIRESTONE BOULEVARD, • RECONSTRUCTION OF COLORADO BOULEVARD, • RECONSTRUCTION OF STREETS IN HISTORIC FIRESTONE, • IMPROVEMENTS TO MCCLURE AVENUE AND LOCUST STREET, AND • CONSTRUCTION OF SABLE AVENUE SIDEWALKS, OR TO PAY DEBT SERVICE ON DEBT ISSUED FOR SUCH PURPOSES OR TO PAY THE COSTS OF OPERATING OR MAINTAINING IMPROVEMENTS FINANCED FROM THE CAPITAL IMPROVEMENT FUND; ANY SUCH DEBT SHALL BE PAYABLE FROM THAT PORTION OF THE TOWN SALES TAXES DEPOSITED TO THE TOWN'S SALES TAX CAPITAL IMPROVEMENT FUND; ANY SUCH DEBT MAY BE SOLD IN ONE SERIES OR MORE, ON TERMS AND CONDITIONS AS THE BOARD OF TRUSTEES MAY DETERMINE, INCLUDING PROVISIONS FOR THE REDEMPTION OF THE BONDS PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM; ANY SUCH DEBT MAY BE REFUNDED BY THE TOWN, PROVIDED THAT AFTER THE ISSUANCE OF SUCH REFUNDING DEBT THE TOTAL OUTSTANDING PRINCIPAL AMOUNT OF ALL DEBT ISSUED PURSUANT TO THIS QUESTION DOES NOT EXCEED THE MAXIMUM PRINCIPAL AMOUNT SET FORTH ABOVE, AND PROVIDED FURTHER THAT ALL DEBT ISSUED BY THE TOWN PURSUANT TO THIS QUESTION IS ISSUED ON TERMS THAT DO NOT EXCEED THE REPAYMENT COSTS AUTHORIZED IN THIS QUESTION; AND SHALL THE EARNINGS FROM THE INVESTMENT OF SUCH DEBT PROCEEDS BE COLLECTED, RETAINED AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? (d) Pursuant to Article X, Section 20(4) of the Colorado Constitution, the authorized debt cannot be sold on terms which exceed the maximum repayment costs described in the ballot question or in the notice sent to voters. Pursuant to the ballot question and the ballot 8 issue notice provided to electors of the Town in connection with the 2013 Election, the principal amount of the authorized debt cannot exceed $9,500,000, the maximum annual repayment cost of debt issued pursuant to the election question cannot exceed $880,000 and the total repayment cost of debt issued pursuant to the election question cannot exceed $15,900,000. (e) No debt has been issued by the Town pursuant to the authority conferred at the 2013 Election. (f) Pursuant to Section 29-2-112, C.R.S., any municipality which has pledged sales tax revenues solely for capital improvement purposes and has created a sales tax capital improvement fund may, in anticipation of collection of sales tax revenues, issue revenue bonds payable solely from the fund for the purpose of financing capital improvements. (g) The Town has created the Capital Improvement Fund and the Town currently has no bonds or obligations payable from moneys on deposit in the Capital Improvement Fund. (h) The Board has determined to authorize and issue the Bonds for the purpose of defraying a portion of the costs of the Project. (i) The Bonds authorized by this Ordinance shall be payable from the Capital Improvement Fund and available proceeds of the Pledged Revenues deposited in the Capital Improvement Fund and shall have a first and prior lien, but not necessarily an exclusive first lien, on such Capital Improvement Fund and Pledged Revenues. 0) The Board has determined, and hereby determines that the Bonds authorized by this Ordinance shall be sold to the Underwriter pursuant to the Bond Purchase Agreement. (k) There have been filed with the Town Clerk: (i) the form of a Preliminary Official Statement for the Bonds; (ii) the form of the Paying Agent Agreement; (iii) the form of the Continuing Disclosure Certificate; and (iv) the form of the Bond Purchase Agreement. (1) It is necessary to provide for the form and details of the Bonds, the payment of the Bonds, and other provisions relating to the authorization and issuance of the Bonds. 0 Section 3. Authorization; Supplemental Act. In accordance with the Constitution and laws of the State of Colorado, including but not limited to the Act, the Supplemental Act, the 2013 Election and the provisions of this Ordinance, the Town hereby authorizes the issuance of its sales tax revenue bonds, to be designated the "Town of Firestone, Colorado, Sales Tax Revenue Bonds, Series 2014," in the aggregate principal amount approved in the Sale Certificate (provided, however, that the principal amount of the Bonds shall not exceed $4,100,000) to be payable from the Capital Improvement Fund and available proceeds of the Pledged Revenues deposited therein. Section 11-57-204 of the Supplemental Act provides that a public entity, including the Town, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act. The Board hereby elects to apply all of the Supplemental Act to the Bonds. The Bonds are issued under the authority of the Act and shall so recite as provided in Section 8 hereof. Pursuant to Section 29-2-112(10), C.R.S., such recital conclusively imparts full compliance with all the provisions of said section, and the Bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value. The Bonds are also issued under the authority of the Supplemental Act and shall so recite as provided in Section 8 hereof. Pursuant to Section 11-57-210 Colorado Revised Statutes, such recital shall be conclusive evidence of the validity and regularity of the issuance of the Bonds and their delivery for value. Pursuant to Section 11-57-205 of the Supplemental Act, the Board hereby delegates to each of the Town Manager or the Finance Director the independent authority to sign a contract for the purchase of the Bonds or to accept a binding bid for the Bonds and to execute any agreement or agreements in connection therewith, and the Board hereby further delegates to each of the Town Manager or the Finance Director the authority to independently make any determination delegable pursuant to Section 11-57-205(1)(a-i) of the Supplemental Act, in relation to the Bonds, and to execute the Sale Certificate setting forth such determinations, subject to the parameters and restrictions contained in Section 5(b) of this Ordinance. Pursuant to Section 11-57-205 of the Supplemental Act, (a) each of the Town Manager or the Finance Director are hereby independently authorized to determine if obtaining municipal bond insurance for all or a portion of the Bonds is in the best interests of the Town, and if so, to select a Bond Insurer to issue a Bond Insurance Policy, execute a commitment 10 relating to the same and execute any related documents or agreements required by such commitment, and (b) each of the Town Manager or the Finance Director are hereby independently authorized to determine if obtaining a Reserve Account Insurance Policy for all or a portion of the Reserve Account Requirement is in the best interests of the Town, and if so, to select a Surety Provider to issue a Reserve Account Insurance Policy and execute any related documents or agreements required by such commitment. If it is determined that the Bonds will be sold without municipal bond insurance, all references herein to the Bond Insurer and the Bond Insurance Policy shall be of no force and effect. The delegation set forth in this Section 3 shall be effective for one year after adoption of this Ordinance. Section 4. Special Obligations; Pledge,Negotiability. (a) All of the Bonds, together with the interest accruing thereon, shall be payable solely from the Capital Improvement Fund and the Pledged Revenues deposited therein, which are hereby irrevocably so pledged. The Owner or Owners of the Bonds may not look to any ad valorem property taxes levied or collected by the Town for the payment of the principal of and interest on the Bonds, and the Bonds shall not constitute a debt or an indebtedness of the Town within the meaning of any constitutional, or statutory provision or limitation; nor shall they be considered or held to be general obligations of the Town. None of the covenants, agreements, representations and warranties contained herein or in the Bonds shall ever impose or be construed as imposing any liability, obligation or charge against the Town (except to the extent of the Pledged Revenues which are to be deposited in the Capital Improvement Fund, the Bond Account or the Reserve Account thereof) or its general credit, payable out of its general funds or out of any funds derived from ad valorem property taxation. The payment of the Bonds are not secured by an encumbrance, mortgage or other pledge of any property, except the Pledged Revenues which are to be deposited in the Capital Improvement Fund, the Bond Account or the Reserve Account thereof as provided herein, and the full faith and credit of the Town is not pledged for the payment of the Bonds. (b) The Town hereby irrevocably pledges the Capital Improvement Fund and the Pledged Revenues which are to be deposited therein, on the terms provided herein, for the payment of the principal of and interest on the Bonds. Such pledge shall create an irrevocable and first lien (but not an exclusive first lien) on the Capital Improvement Fund and the Pledged Revenues for the payment of the principal of and interest on the Bonds. (c) The covenants and agreements herein set forth to be performed on behalf of the Town shall be for the equal benefit, protection and security of the Owners of any and all of the Outstanding Bonds. The Bonds, regardless of the time or times of their issuance or maturity, shall be of equal rank without preference, priority or distinction, except as otherwise expressly provided in or pursuant to this Ordinance. (d) The issuance of the Bonds by the Town shall constitute a warranty by and on behalf of the Town for the benefit of each and every Owner of any of the Bonds that the Bonds have been issued for valuable consideration in full conformity with law. Subject to the registration provisions hereof and the provisions of Section 9 hereof, the Bonds hereby authorized shall be fully negotiable and shall have all the qualities of negotiable paper, and the Owners thereof shall possess all rights enjoyed by the holders of negotiable instruments under the provisions of the Colorado Uniform Commercial Code. The principal of and interest on the Bonds shall be paid, and the Bonds shall be transferable, free from and without regard to any equities between the Town and the original or any intermediate Owner of any Bonds or any setoffs or cross -claims. (e) The creation, perfection, enforcement, and priority of the pledge of revenues to secure or pay the Bonds as provided herein shall be governed by § 11-57-208 of the Supplemental Act and this Ordinance. The revenues pledged for the payment of the Bonds, as received by or otherwise credited to the Town, shall immediately be subject to the lien of such pledge without any physical delivery, filing, or further act. The lien of such pledge on the revenues pledged for payment of the Bonds and the obligation to perform the contractual provisions made herein shall have priority over any or all other obligations and liabilities of the Town. The lien of such pledge shall be valid, binding, and enforceable as against all persons or entities having claims of any kind in tort, contract, or otherwise against the Town irrespective of whether such persons or entities have notice of such liens. Section 5. Bond Details. (a) Subject to the provisions of Section 9 hereof, the Bonds shall be issued only as fully registered Bonds without coupons in denominations of $5,000 each or integral multiples thereof (provided that no Bond may be in a denomination which exceeds the principal 12 coming due on its maturity date and no individual Bond will be issued for more than one maturity and interest rate). The Bonds shall be numbered in such manner as the Registrar shall determine and shall initially be registered in the name of Cede & Co., as nominee for The Depository Trust Company, as Depository for the Bonds. The Bonds shall be dated as of the date of their delivery, and shall bear interest from their date until maturity, except that any Bond which is reissued upon transfer, exchange or other replacement shall bear interest from the most recent payment date to which interest has been paid, or if no interest has been paid, from the date of the Bonds. (b) The Bonds shall mature, bear interest from their dated date to maturity, and be sold, all as provided in the Sale Certificate, provided that: (i) the aggregate principal amount of the Bonds shall not exceed $4,100,000; (ii) the maximum annual repayment cost of the Bonds shall not exceed $350,000; (iii) the total repayment cost of the Bonds shall not exceed $6,000,000; (iv) the Bonds shall mature no later than December 1, 2033; (v) the net effective interest rate on the Bonds shall not exceed 5.00%; (vi) if it is determined in the Sale Certificate that the Bonds shall be subject to optional redemption, the redemption price shall not exceed 100%; and (vii) the purchase price of the Bonds shall not be less than 98.0% of the original principal amount of the Bonds. (c) Interest on the Bonds shall be calculated on the basis of a 360-day year of twelve 30-day months, payable semiannually on each June 1 and December 1, commencing on the date provided in the Sale Certificate. Section 6. Payment of Bonds -_Paying Agent and Bond Registrar. (a) The principal of the Bonds shall be payable to the Owner thereof (initially, Cede & Co.) upon maturity thereof and upon presentation and surrender at the Paying Agent. If any Bond shall not be paid upon such presentation and surrender at or after maturity, it shall 13 continue to draw interest at the interest rate borne by said Bond until the principal thereof is paid in full. Payment of interest on any Bond shall be made to the Owner thereof (initially, Cede & Co.) by check, draft or wire sent by the Paying Agent, on or before each interest payment date (or, if such interest payment date is not a Business Day, on or before the next succeeding Business Day), to the Owner thereof at his or her address as it last appears on the registration records kept by the Registrar on the Record Date; but any such interest not so timely paid shall cease to be payable to the person who is the Owner thereof at the close of business on the Record Date and shall be payable to the person who is the Owner thereof at the close of business on a Special Record Date for the payment of such defaulted interest. Such Special Record Date shall be fixed by the Registrar whenever moneys become available for payment of the defaulted interest, and notice of the Special Record Date shall be given to the Owners of the Bonds not less than ten days prior to the Special Record Date by first-class mail to each such Owner as shown on the Registrar's registration records on a date selected by the Registrar, stating the date of the Special Record Date and the date fixed for the payment of such defaulted interest. The Paying Agent may make payments of interest on any Bond by such alternative means as may be mutually agreed to between the Owner of such Bond and the Paying Agent; provided, however, that the Town shall not be required to make funds available to the Paying Agent prior to the payment dates stated in this Ordinance. All such payments shall be made in lawful money of the United States of America without deduction for the services of the Paying Agent or Registrar. Section 7. Prior Redemption. A. The Bonds shall be subject to redemption prior to maturity at the option of the Town as provided in the Sale Certificate. B. The Term Bonds, if any, shall be subject to mandatory sinking fund redemption at the times, in the amounts and at the prices provided in the Sale Certificate. On or before the thirtieth day prior to each such sinking fund payment date, the Registrar shall proceed to call the Term Bonds (or any Term Bond or Term Bonds issued to replace such Term Bonds) for redemption from the sinking fund on the next December 1., and give notice of such call without other instruction or notice from the Town. At its option, to be exercised on or before the sixtieth day next preceding each such sinking fund redemption date, the Town may (a) deliver to the Registrar for cancellation Term Bonds subject to mandatory sinking fund redemption on such date in an aggregate 14 principal amount desired or (b) receive a credit in respect of its sinking fund redemption obligation for any Term Bonds of the same maturity subject to mandatory sinking fund redemption on such date, which prior to said date have been redeemed (otherwise than through the operation of the sinking fund) and canceled by the Registrar and not theretofore applied as a credit against any sinking fund redemption obligation. Each Term Bond so delivered or previously redeemed will be credited by the Registrar at the principal amount thereof on the obligation of the Town on such sinking fund redemption date and the principal amount of Term Bonds to be redeemed by operation of such sinking fund on such date will be accordingly reduced. The Town will on or before the sixtieth day next preceding each sinking fund redemption date furnish the Registrar with its certificate indicating whether or not and to what extent the provisions of (a) and (b) of the preceding sentence are to be availed with respect to such sinking fund payment. Failure of the Town to deliver such certificate shall not affect the Registrar's duty to give notice of sinking fund redemption as provided in this subsection B. C. In the case of Bonds of a denomination larger than $5,000, a portion of such Bond ($5,000 or any integral multiple thereof) may be redeemed, in which case the Registrar shall, without charge to the registered owner of such Bond, authenticate and issue a replacement Bond or Bonds for the unredeemed portion thereof. D. Notice of redemption shall be given by the Registrar in the name of the Town, by sending a copy of such notice by first-class postage prepaid mail, not more than 60 nor less than 30 days prior to the redemption date to each registered owner of any Bond all or a portion of which is called for prior redemption at his address as it last appears on the registration records kept by the Registrar. Failure to give such notice by mailing to the registered owner of any Bond or any defect therein, shall not affect the validity of the proceedings for the redemption of any other Bond. Such notice shall identify the Bonds or portions thereof to be redeemed (if less than all are to be redeemed) including the principal amount, maturity date and CUSIP number thereof, and the date fixed for redemption, and shall further state that on such redemption date the principal amount thereof and the designated premium thereon, if any, will become due and payable at the Paying Agent, and that from and after such date interest will cease to accrue. Accrued interest to the redemption date will be paid by check or draft mailed to the registered owner (or by alternative means if so agreed to by the Paying Agent and the registered owner). 15 Notice having been given in the manner hcreinabove provided, the Bond or Bonds so called for redemption shall become due and payable on the redemption date so designated; and upon presentation and surrender thereof at the Paying Agent, the Town will pay the principal of and premium, if any, on any Bond or Bonds so called for redemption. In addition to the foregoing notice, further notice may be given by the Registrar in order to comply with the requirements of any Depository holding the Bonds but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Notwithstanding the provisions of this section, any notice of optional redemption may contain a statement that the redemption is conditioned upon the receipt by the Paying Agent of funds on or before the date fixed for redemption sufficient to pay the redemption price of the Bonds so called for redemption, and that if such funds are not available, such redemption shall be cancelled by written notice to the Owners of the Bonds called for redemption in the same manner as the original redemption notice was mailed. Section 8. Form and Execution of Bonds. The Bonds shall be signed with the facsimile or manual signature of the Mayor of the Town, sealed with a facsimile or manual impression of the seal of the Town, and attested by the facsimile or manual signature of the Town Clerk. The Mayor and Town Clerk may, by the execution of a signature certificate pertaining to the Bonds, adopt as and for their respective signatures the facsimiles thereof appearing on the Bonds. At the time of the execution of the signature certificate, the Mayor and Town Clerk may each adopt as and for his or her facsimile signature the facsimile signature of his or her predecessor in office in the event that such facsimile signature appears upon any of the Bonds. Should any officer whose facsimile or manual signature appears on the Bonds cease to be such officer before delivery of the Bonds to the Underwriter, such facsimile or manual signature shall nevertheless be valid and sufficient for all purposes. The Bonds shall be in substantially the following form with such omissions, insertions, endorsements and variations as to any recitals of fact or other provisions as may be required by the circumstances, be required or permitted by this Ordinance or the Sale Certificate, be required by any Bond Insurance Policy or Reserve Account Insurance Policy, be consistent with this Ordinance or be necessary or appropriate to conform to the rules and requirements of any governmental authority or any usage or requirement of law with respect thereto. 16 [Form of Bond] Unless this bond is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the Town or its agent for registration of transfer, exchange, or payment, and any bond issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the Registered Owner hereof, Cede & Co., has an interest herein. No. R- UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF WELD TOWN OF FIRESTONE SALES TAX REVENUE BOND SERIES 2014 INTEREST RATE MATURITY DATE DATED AS OF CUSIP % December 1, 20 , 2014 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The Town of Firestone, in the County of Weld and the State of Colorado (the "Town"), a municipal corporation duly organized and operating under the constitution and laws of the State of Colorado, for value received, hereby promises to pay solely from the special funds and accounts hereafter designated, but not otherwise, to the Registered Owner named above, or registered assigns, on the maturity date specified above (unless called for earlier redemption), the principal amount specified above, and in like manner to pay interest on such principal amount at the interest rate per annum specified above, payable semiannually on June 1 and December I each year, commencing on June 1, 2014, until such principal amount is paid, unless this Bond shall have been previously called for redemption and payment shall have been duly made. This 17 Bond will bear interest from the most recent interest payment date to which interest has been paid or provided for, or, if no interest has been paid, from the date of this Bond. This Bond is one of an authorized series issued pursuant to an ordinance of the Board of Trustees of the Town adopted on February 12, 2014 (the "Bond Ordinance"). To the extent not defined herein, terms used in this Bond shall have the same meanings as set forth in the Bond Ordinance. This Bond bears interest, matures, is payable, is subject to redemption and is transferable as provided in the Bond Ordinance and Sale Certificate. The principal of this Bond is payable upon presentation and surrender hereof to the principal office of the Paying Agent. Interest on this Bond will be paid on or before each interest payment date (or, if such interest payment date is not a business day, on or before the next succeeding business day), by check, draft or wire sent to the person in whose name this Bond is registered in the registration records of the Town maintained by the Registrar at the principal office and at the address appearing thereon at the close of business on the Record Date. The Bonds of which this Bond is one are all of like date, tenor, and effect except as to number, principal amount, interest rate, date of maturity, and are issued by the Town for the purpose of financing the costs of the Project, under the authority of and in full conformity with the Constitution and laws of the State of Colorado, and pursuant to the 2013 Election and the duly adopted Bond Ordinance. This Bond is authorized and issued under the authority of and in full conformity with the Constitution of the State of Colorado, an election held in the Town on November 5, 2013, Section 29-2-112, C.R.S., Title 11, Article 57, Part 2, C.R.S., and all other laws of the State of Colorado thereunto enabling, and pursuant to the Bond Ordinance duly adopted prior to the issuance of this Bond. Pursuant to Section 29-2-112, C.R.S., this recital conclusively imparts full compliance with all of the provisions and limitations of said section and this Bond shall be incontestable for any cause whatsoever after its delivery for value. Pursuant to Section 11-57- 210, C.R.S., such recital shall be conclusive evidence of the validity and the regularity of the issuance of this Bond after its delivery for value. The principal of and interest on this Bond are payable solely from a special fund of the Town created in full conformity with law and designated as the "Town of Firestone Sales Tax Capital Improvement Fund" (the "Capital Improvement Fund"), and the Bond Account and Reserve Account within the Capital Improvement Fund, into which the Town covenants and agrees 18 to deposit the Pledged Revenues, all as more particularly set forth in the Bond Ordinance. The Bonds do not constitute a debt within the meaning of any constitutional or statutory limitation. This Bond is not payable in whole or in part from the proceeds of general property taxes or any other fund of the Town except the Pledged Revenues, and the full faith and credit of the Town is not pledged for the payment of this Bond. The Bonds of this issue constitute an irrevocable and first lien upon the Capital Improvement Fund and the Pledged Revenues deposited therein, but not necessarily an exclusive first lien. Subject to expressed conditions, obligations in addition to the Bonds of this issue may be issued and made payable from the Capital Improvement Fund having a lien thereon subordinate and junior to the lien of the Bonds of this issue or, subject to additional expressed conditions, having a lien on the Capital Improvement Fund on a parity with the Iien of the Bonds of this issue, in accordance with the provisions of the Bond Ordinance. It is hereby recited, certified, and warranted that for the payment of this Bond, the Town has created and will maintain the special fund and accounts referred to above, and will deposit therein the Pledged Revenues, and out of said special fund, as an irrevocable charge thereon, will pay the principal of and interest on this Bond in the manner provided by the Bond Ordinance. For a description of such funds and accounts, the Pledged Revenues, the manner in which the Bond Ordinance may be amended, and the nature and extent of the security afforded thereby for the payment of this Bond, reference is made to the Bond Ordinance. THIS BOND IS A SPECIAL LIMITED OBLIGATION OF THE TOWN PAYABLE SOLELY FROM THE CAPITAL IMPROVEMENT FUND AND THE PLEDGED REVENUES DEPOSITED THEREIN. THIS BOND DOES NOT CONSTITUTE A DEBT OF THE TOWN WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY LIMITATION, AND SHALL NOT BE CONSIDERED OR HELD TO BE A GENERAL OBLIGATION OF THE TOWN. It is further hereby recited, certified, and warranted that all the requirements of law have been complied with fully by the proper officers of the Town in issuing this Bond. For the purpose of Section 265(b)(3)(B) of the Internal Revenue Code of 1986, as amended, the Town has designated the Bonds as qualified tax exempt obligations. Reference is made to the Bond Ordinance for the provisions, among others, with respect to the custody and application of the proceeds of the Bonds, the receipt and disposition of 19 the Pledged Revenues, the nature and extent of the security, the terms and conditions under which additional bonds payable from the Pledged Revenues may be issued, the rights, duties and obligations of the Town, the rights of the Owners of the Bonds, the events of defaults and remedies, the circumstances under which any Bond is no longer Outstanding, the ability to amend the Bond Ordinance; and by the acceptance of this Bond the Registered Owner hereof assents to all provisions of the Bond Ordinance. The principal of and the interest on this Bond shall be paid, and this Bond is transferable, free from and without regard to any equities between the Town and the original or any intermediate Owner hereof or any setoffs or cross -claims. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the certificate of authentication hereon shall have been manually signed by the Bond Registrar. IN TESTIMONY WHEREOF, the Board of Trustees of the Town of Firestone has caused this Bond to be signed by the manual or facsimile signature of the Mayor of the Town, sealed with a manual or facsimile impression of the seal of the Town, and attested by the manual or facsimile signature of the Town Clerk, all as of the date specified above. (SEAL OR FACSIMILE) ATTESTED: (Manual or Facsimile Signature) Town Clerk TOWN OF FIRESTONE, COLORADO 9C (Manual or Facsimile Signature) Mayor [Form of Bond Registrar's Certificate of Authentication] CERTIFICATE OF AUTHENTICATION Date of Registration and Authentication: This Bond is one of the Bonds of the issue described in the within -mentioned Bond Ordinance, and this Bond has been duly registered in the registration records kept by the undersigned as Bond Registrar. U.S. BANK NATIONAL ASSOCIATION, as Bond Registrar 21 Authorized Representative (Form of Assignment) ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and hereby irrevocably constitutes and appoints attorney, to transfer the same on the records of the Registrar, with full power of substitution in the premises. Dated: Signature Guaranteed: Signature must be guaranteed by a member of a Medallion Signature Program. Address of Transferee: Social Security or other tax identification number of transferee: NOTE: The signature to this Assignment must correspond with the name as written on the face of the within bond in every particular, without alteration or enlargement or any change whatsoever. 22 [Form of Prepayment Panel] PREPAYMENT The following installments of principal (or portion thereof) of this Bond have been prepaid in accordance with the terms of the Bond Ordinance authorizing the issuance of this Bond. Date of Signature of Authorized Prepayment Principal Prepaid Representative of the DeRository (End of Form of Prepayment Panel) 23 Section 9. Book Entry. (a) Notwithstanding any contrary provision of this Ordinance, the Bonds shall initially be evidenced by one Bond for each maturity and interest rate in denominations equal to the aggregate principal amount of the Bonds maturing for that maturity bearing interest at the same interest rate. Such initially delivered Bonds shall be registered in the name of "Cede & Co.," as nominee of The Depository Trust Company, the Depository for the Bonds. The Bonds may not thereafter be transferred or exchanged except: (1) to any successor of The Depository Trust Company or its nominee, which successor must be both a "clearing corporation" as defined in Section 4-8- 102(a)(5), Colorado Revised Statutes, and a qualified and registered "clearing agency" under Section 17A of the Securities Exchange Act of 1934, as amended; or (2) upon the resignation of The Depository Trust Company or a successor or new Depository under clause (1) or this clause (2) of this paragraph (a), or a determination by the Board that The Depository Trust Company or such successor or new Depository is no longer able to carry out its functions, and the designation by the Board of another Depository institution acceptable to the Board and to the Depository then holding the Bonds, which new Depository institution must be both a "clearing corporation" as defined in Section 4-8-102(a)(5), Colorado Revised Statutes, and a qualified and registered "clearing agency" under Section 17A of the Securities Exchange Act of 1934, as amended, to carry out the functions of The Depository Trust Company or such successor new Depository; or (3) upon the resignation of The Depository Trust Company or a successor or new Depository under clause (1) or clause (2) of this paragraph (a), or a determination of the Board that The Depository Trust Company or such successor or new Depository is no longer able to carry out its functions, and the failure by the Board, after reasonable investigation, to locate another qualified Depository institution under clause (2) to carry out such Depository functions. (b) In the case of a transfer to a successor of The Depository Trust Company or its nominee as referred to in clause (1) of paragraph (a) hereof or designation of a new Depository pursuant to clause (2) of paragraph (a) hereof, upon receipt of the Outstanding Bonds by the Registrar, together with written instructions for transfer satisfactory to the Registrar, a new Bond for each maturity of the Bonds then Outstanding shall be issued to such successor or 24 new Depository, as the case may be, or its nominee, as is specified in such written transfer instructions. In the case of a resignation or determination under clause (3) of paragraph (a) hereof and the failure after reasonable investigation to locate another qualified Depository institution for the Bonds as provided in clause (3) of paragraph (a) hereof, and upon receipt of the Outstanding Bonds by the Registrar, together with written instructions for transfer satisfactory to the Registrar, new Bonds shall be issued in the denominations of $5,000 or any integral multiple thereof, as provided in and subject to the limitations of Section 5 hereof, registered in the names of such persons, and in such authorized denominations as are requested in such written transfer instructions; however, the Registrar shall not be required to deliver such new Bonds within a period of less than 60 days from the date of receipt of such written transfer instructions. (c) The Board, the Registrar and the Paying Agent shall be entitled to treat the Owner of any Bond as the absolute owner thereof for all purposes hereof and any applicable laws, notwithstanding any notice to the contrary received by any or all of them and none of the Board, the Registrar and the Paying Agent shall have any responsibility for transmitting payments to the beneficial owners of the Bonds held by The Depository Trust Company or any successor or new Depository named pursuant to paragraph (a) hereof. (d) The Board, the Registrar and the Paying Agent shall endeavor to cooperate with The Depository Trust Company or any successor or new Depository named pursuant to clause (1) or (2) of paragraph (a) hereof in effectuating payment of the principal amount of the Bonds upon maturity by arranging for payment in such a manner that funds representing such payments are available to the Depository on the date they are due. Section 10. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until a certificate of authentication on such Bond substantially in the form hereinabove set forth shall have been duly manually executed by the Bond Registrar, and such executed certificate of the Bond Registrar upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. The Bond Registrar's certificate of authentication on any Bond shall be deemed to have been executed by it if signed by an authorized officer or signatory of the Bond Registrar, but it shall not be necessary that the same officer or signatory sign the certificate of authentication on all of the Bonds issued hereunder. By authenticating any of the Bonds 25 initially delivered pursuant to this Ordinance, the Bond Registrar and Paying Agent shall be deemed to have assented to the provisions of, and to have agreed to abide by and to perform the duties provided for them in this Ordinance. Section 11. Delivery of Bonds. After the adoption of this Ordinance, the Town shall execute the Bonds and deliver them to the Bond Registrar, and the Bond Registrar shall authenticate the Bonds and deliver them to the Underwriter, as directed by the Town, and upon compliance with the terms and provisions of the Bond Purchase Agreement, Section 12. Registration Transfer and Exchange. Subject to the provisions of Section 9 hereof: (a) Records for the registration and transfer of the Bonds shall be kept by the Bond Registrar, which is hereby appointed by the Town as registrar (i.e., transfer agent) for the Bonds. Upon the surrender for transfer of any Bond at the principal office of the Bond Registrar, duly endorsed for transfer or accompanied by an assignment duly executed by the Owner or his attorney duly authorized in writing, the Bond Registrar shall enter such transfer on the registration records and shall authenticate and deliver in the name of the transferee or transferees a new Bond or Bonds of a like aggregate principal amount and of the same maturity, bearing a number or numbers not previously assigned. Bonds may be exchanged at the principal office of the Bond Registrar for an equal aggregate principal amount of Bonds of the same maturity of other authorized denominations. The Bond Registrar shall authenticate and deliver a Bond or Bonds which the Owner making the exchange is entitled to receive, bearing a number or numbers not previously assigned. The Bond Registrar may impose reasonable charges in connection with such exchanges and transfers of Bonds, which charges (as well as any tax or other governmental charge required to be paid with respect to such exchange or transfer) shall be paid by the Owner requesting such exchange or transfer. (b) Except as may otherwise be provided with respect to payment of interest pursuant to Section 6 hereof, the person in whose name any Bond shall be registered on the registration records kept by the Bond Registrar shall be deemed and regarded as the absolute owner thereof for the purpose of making payment thereof and for all other purposes and payment of or on account of principal of and interest on any Bond shall be made only to or upon the written order of the Owner thereof or his or her legal representative, but such registration may be changed upon transfer of such Bond in the manner and subject to the conditions and limitations 26 provided herein. All such payments shall be valid and effectual to discharge the liability upon such Bond to the extent of the sum or sums so paid. (c) The officers of the Town are authorized to deliver to the Bond Registrar fully executed but unauthenticated Bonds in such quantities as may be convenient to be held in custody by the Bond Registrar pending use as herein provided. Section 13. Cancellation and Destruction of Bonds. Whenever any Outstanding Bond shall be delivered to the Bond Registrar for payment pursuant to this Ordinance and upon payment of the principal amount and interest represented thereby, such Bond shall be canceled and destroyed by the Bond Registrar and recorded as such in the records of the Bond Registrar. Whenever any Outstanding Bond shall be delivered to the Bond Registrar for transfer pursuant to the provisions hereof, such Bond shall be canceled by the Bond Registrar and counterparts of a certificate of cancellation shall be furnished by the Bond Registrar to the Town. Section 14. Lost Bonds. Subject to the provisions of Section 9 hereof, if any Bond shall be lost, stolen, destroyed or mutilated, the Bond Registrar may, upon receipt of such evidence, information or indemnity relating thereto as it or the Town may reasonably require, authenticate and deliver a replacement Bond or Bonds of a like aggregate principal amount and of the same maturity, bearing a number or numbers not previously assigned. if such lost, stolen, destroyed or mutilated Bond shall have matured or shall have been called for redemption, the Bond Registrar may direct that such Bond be paid by the Paying Agent in lieu of replacement. The Bond Registrar and the Town may require that the Owner of any such Bond pay their reasonable fees, charges and expenses relating to their activities pursuant to this Section. Section 15. Disposition of Bond Proceeds and Additional Deposits. The Bonds, when executed and registered as provided by law, shall be delivered to the Underwriter as directed by the Town, and proceeds derived therefrom shall be used as follows: (a) an amount equal to the amount set forth in the Sale Certificate, if any, shall be deposited to the Reserve Account; (b) an amount equal to the amount set forth in the Sale Certificate shall be deposited with the Paying Agent and used to pay the costs of issuance of the Bonds, as set forth in the Paying Agent Agreement; and 27 (c) the remaining proceeds shall be transferred to the Town for the purpose of paying the costs of the Project. After payment of the costs of the Project, or after adequate provision therefore is made, any unexpended balance of Bond proceeds shall be deposited by the Town into the Bond Account for the payment of the principal of and interest on the Bonds as the same become due. Neither the Underwriter nor any subsequent Owners of the Bonds shall be responsible for the application or disposal by the Town or any of its officers of the funds derived from the sale thereof. Section 16. Funds and Accounts. The Sales Tax Ordinance created the Capital Improvement Fund. There are hereby created the following accounts to be held in trust for the Owners (except for the Rebate Account), which shall be book accounts and maintained by the Town in accordance with this Ordinance and the Sales Tax Ordinance: A. the Bond Account; B. the Reserve Account; and C. the Rebate Account. In addition, a Costs of Issuance Fund shall be created in the Paying Agent Agreement and held by the Paying Agent to pay the costs of issuance of the Bonds. The amount to be deposited in the Costs of Issuance Fund shall be set forth in the Sale Certificate. Moneys on deposit in the Costs of Issuance Fund are not Pledged Revenues and do not secure the payment of the Bonds. Section 17. Use of Pledized Revenues. So long as any Bonds shall be outstanding, either as to principal or interest, the Pledged Revenues shall immediately upon receipt by the Town be deposited to the Capital Improvement Fund and shall be applied only in the following manner and order: (a) Bond Account. First, the Town covenants to deposit to the Bond Account, from the Pledged Revenues on deposit in the Capital Improvement Fund, the following amounts: (i) Monthly, commencing on the first day of the month immediately succeeding the delivery of any of the Bonds, an amount in equal monthly installments necessary, together, with any other moneys from time to time available therefor, to pay the next maturing installment of interest on the Bonds then Outstanding; and 28 (ii) Monthly, commencing on the first day of the month immediately succeeding the delivery of any of the Bonds then Outstanding, or commencing on the first day of the month one year next prior to the first principal payment date of the Bonds, whichever is later, an amount in equal monthly installments necessary, together with any other moneys from time to time available therefor, to pay the next maturing installment of principal on the maturing Bonds then Outstanding. If prior to any interest payment date or principal payment date, there has been accumulated in the Bond Account the entire amount necessary to pay the next maturing installment of interest or principal, or both, the payment required in subparagraph (i) or (ii) (whichever is applicable) of this paragraph, may be appropriately reduced; but the required monthly amounts again shall be so credited to such account commencing on such interest payment date or principal payment date. Except as otherwise provided herein, the moneys in the Bond Account shall be used only to pay the principal of and interest on the Bonds as the same become due. (b) Reserve Account. Second, the Town covenants to deposit to the Reserve Account, monthly, on or before the first day of each month, commencing on or before the first day of the month immediately succeeding the delivery of the Bonds, such amount or amounts, if any, as may be necessary to restore and maintain in the Reserve Account an amount equal to the Reserve Account Requirement, as a continuing reserve to secure the payment of the Bonds by meeting possible deficiencies in the Bond Account. In determining the amounts required to be deposited as provided above, the Town shall receive credit for any investment earnings on deposit in the Reserve Account. No credit need be made to the Reserve Account so long as the moneys therein equal the Reserve Account Requirement (regardless of the source of such accumulations). The Reserve Account Requirement shall be calculated upon (i) any principal payment, whether at stated maturity or upon redemption, or (ii) the defeasance of all or a portion of the Bonds. Except as otherwise provided herein, the Reserve Account Requirement shall be accumulated and maintained as a continuing reserve to be used only to prevent deficiencies in the payment of the principal of and the interest on the Bonds. The Reserve Account shall not secure the payment of additional Parity Lien Bonds, although such Parity Lien Bonds may be N• secured by a separate reserve account or reserve fund, as set forth in the documents authorizing such Parity Lien Bonds. The Reserve Account Requirement shall be funded and maintained by any one of or any combination of (i) cash; (ii) Permitted Investments; and (iii) a Reserve Account Insurance Policy which provides for payments when and as required for purposes of the Reserve Account. In lieu of all or a portion of the moneys required to be deposited in the Reserve Account by this Ordinance, the Town may at any time or from time to time deposit a Reserve Account Insurance Policy in the Reserve Account in full or partial satisfaction of the Reserve Account Requirement. Any such Reserve Account Insurance Policy shall be payable on any date on which moneys will be required to be withdrawn from the Reserve Account as provided herein. Upon deposit of any Reserve Account Insurance Policy in the Reserve Account, the Town may transfer moneys equal to the amount payable under such Reserve Account Insurance Policy from the Reserve Account and apply such moneys to any lawful purpose. All cash and investments in the Reserve Account shall be transferred to the Bond Fund for payment of principal and interest on the Bonds before any drawing may be made on any Reserve Account Insurance Policy credited to the Reserve Account in lieu of cash. Payment of any policy costs shall be made prior to replenishment of any such cash amounts. Draws on all Reserve Account Insurance Policies on which there is available coverage shall be made on a pro- rata basis (calculated by reference to the coverage then available thereunder) after applying all available cash and investments in the Reserve Account. Payment of policy costs shall be made on a pro-rata basis prior to replenishment of any cash drawn from the Reserve Account. (c) Rebate Account Payments. Third, after making the payments required by subsections (a) and (b) above, the Town shall deposit any remaining Pledged Revenues to a special account created hereunder and designated the "Town of Firestone, Colorado, Sales Tax Revenue Bonds, Series 2014, Rebate Account" (the "Rebate Account") if necessary to comply with Section 148 of the Tax Code and the regulations promulgated thereunder. The Town shall apply such funds, if any, in the Rebate Account to the extent necessary to comply with the Town's covenants under Section 24(o hereof to make payments to the United States. Payments into similar rebate accounts for Parity Lien Bonds shall be made concurrently (but not necessarily simultaneously) with payments into the Rebate Account. Amounts on deposit in the Rebate Account shall not be subject to the lien and pledge of this Ordinance, to the extent that 30 such amounts are required to be paid to the United States Treasury. Upon receipt of an opinion of nationally recognized bond counsel that the balance in the Rebate Account is in excess of the amount required by subsection (k) of Section 18 to be included therein, such excess shall be transferred to any fund of the Town as determined by the Finance Director; provided that if there is a deficiency in the Bond Account or the Reserve Account such excess shall be transferred to the Bond Account or the Reserve Account, and if an Event of Default has occurred and is continuing such excess shall be transferred to the Bond Account. (d) Payment of Additional Parity Lien Bonds. Concurrently with the payments required by Subsection (a) or (b) or (c) of this Section, moneys in the Capital Improvement Fund may be used by the Town for the payment of principal of and interest on Parity Lien Bonds payable from the Pledged Revenues and hereafter authorized to be issued in accordance with this Ordinance and any other provisions herein supplemental thereto, including reasonable reserves for such securities, as the same accrue. Payments for bond funds or accounts, reserve funds or accounts and rebate funds or accounts for Parity Lien Bonds shall be made concurrently with the payments required by Subsections (a), (b) and (c) hereof. The lien of such Parity Lien Bonds on the Capital Improvement Fund and the Pledged Revenues and the pledge thereof for the payment of such Parity Lien Bonds shall be on a parity with the lien and pledge of the Bonds as herein provided. (e) Termination Upon Deposits to Maturity or Redemption Date. No credit need be made to the Bond Account or the Reserve Account so long as the amount in the Bond Account plus the amount in the Reserve Account total a sum at least equal to the gross amount necessary to pay the entire amount of the Outstanding Bonds, both as to principal and interest to their respective maturities, both accrued and not accrued, and any moneys in excess thereof in said two accounts and any other Pledged Revenues may be used in any lawful manner determined by the Town. Amounts on deposit in said two accounts for purposes of this subparagraph (e) shall be held in cash or invested in Federal Securities which mature no later than one business day preceding the next interest payment date or principal payment date. (f) Defraying Delinquencies in Bond and Reserve Accounts. If at any time the Town shall for any reason fail to credit to the Bond Account the full amount above stipulated from the Pledged Revenues, then an amount shall be credited to the Bond Account at such time from the Reserve Account equal to the difference between that paid from said Pledged Revenues 31 and the full amount so stipulated. The money so used shall be replaced in the Reserve Account from the first Pledged Revenues received that are not required to be otherwise applied by subsection (a) or (b) of this section (and prior to any payments required for any subordinate obligations); provided, however, that an amount equal to the amount withdrawn from the Reserve Account shall be deposited by the Town in the Reserve Account no later than twelve months from the date of such withdrawal. If at any time the Town shall for any reason fail to pay into the Reserve Account the full amount above stipulated from the Pledged Revenues, the difference between the amount paid and the amount so stipulated shall in a like manner be paid therein from the first Pledged Revenues thereafter received not required to be applied otherwise by subsection (a) or (b) of this section (and prior to any payments required for any subordinate obligations). Except as otherwise provided herein, the moneys in the Bond Account and in the Reserve Account shall be used solely for the purpose of paying the principal and any redemption premium of and the interest on the Bonds; provided, however, that any moneys at any time in excess of the Required Reserve in the Reserve Account may be withdrawn therefrom and transferred to the Bond Account; and provided further, that any moneys in the Bond Account and in the Reserve Account in excess of accrued and unaccrued principal and interest requirements to the due date of the Outstanding Bonds may be used as provided in subsection (e). (g) Subordinate Lien Bonds. Fourth, after making the payments required by subsections (a), (b), (c) and (d) above, any remaining Pledged Revenues may be used for the payment of the principal of and interest on any Subordinate Lien Bonds, and for any reserve fund which may be established as additional security for the payment of such Subordinate Lien Bonds. Nothing in this Ordinance shall prevent the establishment of priorities or parity relationships among Subordinate Lien Bonds, whether now existing or hereafter issued (including, without limitation, any subordination of existing Subordinate Lien Bonds to other Subordinate Lien Bonds hereafter issued). (h) Any Lawful Purpose. Fifth, after compliance with subsections (a), (b), (c), (d), and (g) above, the remaining Pledged Revenues may be used for any lawful purpose, as the Board may direct. Nothing in this Ordinance shall prevent the Town from making refunds of amounts collected by the Town and subsequently determined, pursuant to the Sales Tax Ordinance, to be subject to valid claims for refunds. 32 (i) General Administration of Funds; Budget and Appropriation of Funds. The sums provided to make the payments specified in Section 17 hereof are hereby appropriated for said purposes, and said amounts for each year shall be included in the annual budget and the appropriation ordinance or measures to be adopted or passed by the Board in each year respectively while any of the Bonds, either as to principal or interest, are Outstanding and unpaid. No provision of any constitution, statute, ordinance, resolution, or other order or measure enacted after the issuance of the Bonds shall in any manner be construed as limiting or impairing the obligation of the Town to keep and perform the covenants contained in this Ordinance so long as any of the Bonds remain Outstanding and unpaid. Nothing herein shall prohibit the Board, at its sole option, from appropriating and applying other funds of the Town legally available for such purpose to the Bond Account or Reserve Account for the purpose of providing for the payment of the principal of, interest on or any premiums due with respect to the Bonds. The Capital Improvement Fund, Bond Account, Reserve Account and Rebate Account shall each be maintained as a book account kept separate and apart from all other accounts or funds of the Town as trust accounts solely for the purposes herein designated therefor. For purposes of investment of moneys, nothing herein prevents the commingling of moneys accounted for in any two or more such book accounts pertaining to the Pledged Revenues or to such accounts and any other funds of the Town to be established under this Ordinance. Moneys in any such book account shall be continuously secured to the fullest extent required by the laws of the State for the securing of public accounts. Each periodic payment shall be credited to the proper fund or account not later than the date designated therefor, except that when any such date shall be a day which is not a Business Day, then such payment shall be made on or before the next succeeding Business Day. Moneys in the Capital Improvement Fund, the Bond Account, the Rebate Account, and the Reserve Account, not immediately needed may be deposited or invested and reinvested by the Town, in deposits or investments which are at the time Permitted Investments, subject to Section 18(k) hereof. Investments in the Reserve Account shall have an average weighted teen to maturity of five years or less. Securities or obligations purchased as an investment of moneys in any such fund or account shall be deemed at all times to be a part of such fund or account, except to the extent otherwise provided herein. Interest and profit realized 33 and any loss resulting from investments in the Capital Improvement Fund, the Bond Account, the Reserve Account or the Rebate Account shall be credited or charged to such fund, respectively. If the balance on deposit in the Reserve Account equals the Reserve Account Requirement, any such interest or profit to be credited or charged to the Reserve Account shall be Pledged Revenues and applied as required by this Section. The moneys in any fund or account herein provided for shall consist of lawful money of the United States or Permitted Investments or both such money and such Permitted Investments. Moneys deposited in a demand or time deposit account in or evidenced by a certificate of deposit of a commercial bank, appropriately secured according to the laws of the State, shall be deemed lawful money of the United States. Neither the Town nor any officer or employee of the Town shall be liable or responsible for any loss resulting from any investment or reinvestment made in accordance with this Ordinance. Investments (except investment agreements) in Ordinance funds and accounts shall be valued at the market value thereof, exclusive of accrued interest, (1) not less often than annually nor more often than monthly, and (2) upon any draw upon the Reserve Account. Investments purchased with funds on deposit in the Bond Account shall mature not later than the payment date immediately succeeding the investment. Section 18. Covenants of the Town. The Town hereby irrevocably covenants and agrees with each and every Owner of the Bonds that so long as any of the Bonds remain Outstanding: (a) It will not amend, modify, or repeal the Sales Tax Ordinance in any way that would materially adversely affect the amount of Sales Tax revenues which would otherwise be collected and deposited in the Capital Improvement Fund and pledged to the payment of the Bonds. However, nothing herein shall prevent the Town from amending the Sales Tax Ordinance in order to comply with state law to make changes in the administration, collection, or enforcement of such Sales Taxes, provided that such changes would not materially adversely affect the Owners of the Bonds or the amount of Sales Tax revenues collected and deposited in the Capital Improvement Fund and pledged to the payment of the Bonds. (b) It will administer, enforce, and collect, or cause to be administered, enforced, and collected, the Sales Tax authorized by Sales Tax Ordinance and shall take such necessary action to collect delinquent payments as shall be authorized by Sales Tax Ordinance and in accordance with law. 34 (c) It will keep such books and records showing the proceeds of the Sales Taxes, in which complete entries shall be made in accordance with standard principles of accounting, and any Owner of any of the Bonds shall have the right at all reasonable times to inspect the records and accounts relating to the collection and receipt of such Sales Taxes, as permitted by law. (d) It will, at least once a year, cause an audit to be performed of the records relating to the collection and receipt of the Sales Taxes (which may be performed as a part of the Town's general annual audit), and upon request, make available at cost the report of the auditor or accountant, to any Owner of any of the Bonds. Such audit may be made part of and included within the general audit of the Town, and made at the same time as the general audit. (e) In the event the Sales Taxes of the Town are replaced and superseded by a state -collected, locally -shared sales tax or taxes, or are replaced and superseded in some other manner from some other source or sources, the revenue derived by the Town from said replacement source or sources, shall be administered hereunder in substantially the same manner and as to substantially the same extent as the Pledged Revenues. From and after the date of said replacement, the Bonds and any Parity Lien Bonds shall have a first and prior lien, but not necessarily an exclusive such lien, upon such replacement revenues to the same extent as the lien on the Pledged Revenues. (f) The Town will proceed with the construction of the Project without delay and with due diligence. (g) The Town will promptly pay the principal of and interest on every Bond issued hereunder and secured hereby on the dates and in the manner specified herein and in said Bonds according to the true intent and meaning hereof. (h) At any and all times the Town shall, so far as it may be authorized by law, pass, make, do, execute, acknowledge, deliver and file or record all and every such further instruments, acts, assignments, transfers, other documents and assurances as may be necessary or desirable for the better assuring, granting, assigning and confirming all and singular the rights, the Pledged Revenues and other funds and accounts hereby pledged or assigned, or intended so to be, or which the Town may hereafter become bound to pledge or to assign, or as may be reasonable and required to carry out the purposes of this Ordinance. The Town, acting by and through its officers, or otherwise, shall at all times, to the extent permitted by law, defend, 35 preserve and protect the pledge of said Pledged Revenues and other funds and accounts pledged hereunder and all the rights of every Owner of any of the Bonds against all claims and demands of all persons whomsoever. (i) The Town will faithfully and punctually perform all duties with respect to the Pledged Revenues required by the Constitution and laws of the State and the ordinances and resolutions of the Town, including but not limited to the proper collection and enforcement of the Sales Taxes and the segregation of the Pledged Revenues and their application to the respective funds and accounts herein designated. 0) As of the date of issuance of the Bonds, there are no liens or encumbrances of any nature whatsoever on or against any of the Pledged Revenues, except as specified herein. (k) The Town covenants for the benefit of the Owners of the Bonds that it will not take any action or omit to take any action with respect to the Bonds, the proceeds thereof, any other funds of the Town or any facilities refinanced with the proceeds of the Bonds if such action or omission (i) would cause the interest on the Bonds to lose its exclusion from gross income for federal income tax purposes under Section 103 of the Tax Code, (ii) would cause interest on the Bonds to lose its exclusion from alternative minimum taxable income as defined in Section 55(b)(2) of the Tax Code except to the extent such interest is required to be included in the adjusted current earnings adjustment applicable to corporations under Section 56 of the Tax Code in calculating corporate alternative minimum taxable income or (iii) would cause interest on the Bonds to lose its exclusion from Colorado taxable income or Colorado alternative minimum taxable income under present Colorado law. The foregoing covenant shall remain in full force and effect notwithstanding the payment in full or defeasance of the Bonds until the date on which all obligations of the Town in fulfilling the above covenant under the Tax Code have been met. The foregoing covenant shall remain in full force and effect notwithstanding the payment in full or defeasance of the Bonds until the date on which all obligations of the Town in fulfilling the above covenant under the Tax Code and Colorado law have been met. Notwithstanding any provision of this Section, if the Town shall obtain an opinion of nationally recognized bond counsel that any specified action required under this Section is no longer required or that some further or different action is required to maintain the tax-exempt status of interest on the Bonds, the Town may conclusively rely on such opinion in complying with the requirements of this Section, and the covenants hereunder shall be deemed to be modified to that extent. (1) The Town hereby determines that neither the Town nor any entity subordinate thereto reasonably anticipates issuing more than $10,000,000 face amount of bonds or any other similar obligations during calendar year 2014. For the purpose of Section 265(b)(3)(B) of the Code, the Town hereby designates the Bonds as qualified tax-exempt obligations. (m) The Town hereby covenants for the benefit of the Owners of the Bonds to comply with the Continuing Disclosure Certificate. Any failure by the Town to perform in accordance with this Section shall not constitute an Event of Default under this Ordinance, and the rights and remedies provided by this Ordinance upon the occurrence of an Event of Default shall not apply to any such failure. The Paying Agent shall not have any power or duty to enforce this Section. No Owner of a Bond shall be entitled to damages for the Town's non- compliance with its obligations under this Section. Section 19. Additional Obligations. (a) No bonds, notes, certificates, contracts, or other similar obligations shall be issued payable from the Capital Improvement Fund and the Pledged Revenues and having a lien thereon which is prior or superior to the lien of the Bonds. (b) Nothing in this Ordinance shall be construed in such manner as to prevent the issuance by the Town of Parity Lien Bonds, provided: (i) The Town is current in the payment of principal and interest on the Bonds and any outstanding Parity Lien Bonds, and in the accumulation of any required amounts in the Reserve Account for the Bonds (or the repayment of any draws on any Reserve Account Insurance Policy) and any other reserve account for other Parity Lien Bonds; (ii) No Event of Default has occurred and is continuing; and (iii) Except as hereinafter provided in the case of additional Paritv Lien Bonds issued for the purpose of refunding less than all of the Bonds and other Parity Lien Bonds then Outstanding, the Pledged Revenues for any 12 consecutive months out of the 18 months preceding the month in which such 37 securities are to be issued, as certified by the Finance Director, must have been equal to at least two hundred percent (200%) of the combined maximum annual debt service requirements of the Bonds then Outstanding, any Outstanding Parity Lien Bonds, and the additional Parity Lien Bonds proposed to be issued plus one hundred percent (100%) of all policy costs attributable to any Bond Insurance Policy and Reserve Account Insurance Policy and other similar amounts then due and owing. In determining the maximum annual principal and interest requirements as described above, mandatory sinking fund redemption installments shall be treated as serial principal maturities. In the event that the Sales Tax or any other legally available tax which has been pledged by the Town to the payment of the Bonds and the Parity Lien Bonds or which replaces or supersedes the Sales Tax to the extent permitted by this Ordinance will be increased prior to the issuance of the proposed additional Parity Lien Bonds, the calculation of the Pledged Revenues may be adjusted to reflect the amount thereof that would have been received if such increase had been in effect throughout such 12 month period, for the purpose of determining compliance with clause (ii) of this subsection. A written certification signed by the Finance Director that the requirements of clause (ii) of this subsection have been met shall be conclusively presumed to be accurate in determining the right of the Town to authorize, issue, sell and deliver said Parity Lien Bonds. (c) The Parity Lien Bonds may be secured by a reserve fund or account, but Parity Lien Bonds may be issued without being secured by a reserve fund or account. (d) Notwithstanding the foregoing or any provisions to the contrary contained herein, the Town may issue Parity Lien Bonds to refund, in whole or in part, any Outstanding Bonds or Parity Lien Bonds without complying with Subsection (b)(iii) of this Section 19 so long as the refunding Parity Lien Bonds do not increase, for any fiscal year in which any Bonds or Parity Lien Bonds will be Outstanding, the aggregate principal and interest requirements on the Bonds and Parity Lien Bonds. (e) Nothing herein shall prevent the Town from issuing Subordinate Lien Bonds. 38 Section 20. Defeasance. When all principal of and interest on the Bonds have been duly paid, the pledge and lien and all obligations hereunder shall thereby be discharged and the Bonds shall no longer be deemed to be Outstanding within the meaning of this Ordinance. There shall be deemed to be such due payment of the Bonds when the Town has placed in escrow and in trust with a commercial bank located within or without the State of Colorado, and exercising trust powers, an amount sufficient (including the known minimum yield from Federal Securities in which such amount may be initially invested), as set forth in a written report of an independent certified public accountant, to pay when due all principal and interest as the same become due to their final maturities or upon designated prior redemption dates. The Federal Securities shall become due at or prior to the respective times on which the proceeds thereof shall be needed, in accordance with a schedule established and agreed upon between the Town and such bank at the time of the creation of the escrow and shall not be callable prior to their scheduled maturities by the issuer thereof. Notwithstanding the foregoing, any provisions of this Ordinance which relate to the maturity of Bonds, interest payments and dates thereof, exchange, transfer and registration of Bonds, replacement of mutilated, destroyed, lost or stolen Bonds, the safekeeping and cancellation of Bonds, non -presentment of Bonds, the holding of moneys in trust and the Rebate Account, and the duties of the Registrar and Paying Agent in connection with all of the foregoing, shall remain in effect and be binding upon the Registrar and Paying Agent and the Owners notwithstanding the release and discharge of this Ordinance. The provisions of this subsection hereof shall survive the release, discharge and satisfaction of this Ordinance. Notwithstanding anything herein to the contrary, in the event that the principal and/or interest due on the Bonds shall be paid by the Bond Insurer pursuant to the Bond Insurance Policy, the Bonds shall remain Outstanding for all purposes, not be defeased or otherwise satisfied and not be considered paid by the Town and the assignment and pledge of the Pledged Revenues and all covenants, agreements and other obligations of the Town to the Owners shall continue to exist and shall run to the benefit of the Bond Insurer, and the Bond Insurer shall be subrogated to the rights of such Owners. 39 Section 21. Amendment. (a) The Town may, without the consent of, or notice to, the Registered Owners of the Bonds or the Bond Insurer, amend this Ordinance for any one or more or all of the following purposes: (i) To add to the covenants and agreements in this Ordinance other covenants and agreements thereafter to be observed for the protection or benefit of the Registered Owners of the Bonds; (i i) To cure any ambiguity, or to cure, correct, or supplement any defect or inconsistent provision contained in this Ordinance, or to make any provisions with respect to matters arising under this Ordinance or for any other purpose if such provisions are necessary or desirable and do not materially adversely affect the interests of the Registered Owners of the Bonds; (iii) To subject to this Ordinance additional revenues, properties, or collateral; or (iv) In connection with the issuance of Parity Lien Bonds. (b) Except as provided in subsection (a) of this Section, this Ordinance may be amended, without receipt by the Town of any additional consideration, but with the written consent of the Registered Owners of 66% of the Bonds then Outstanding (not including Bonds which may be held for the account of the Town). No Ordinance adopted without the written consent of the Registered Owners of all Outstanding Bonds shall have the effect of permitting: (i) An extension of maturity of any Bond; or (ii) A reduction in the principal amount or interest rate of any Bond; or (iii) The creation of a lien upon Capital Improvement Fund or the Pledged Revenues ranking prior to the lien or pledge credited by this Ordinance; or (iv) A reduction of the principal amount of Bonds required for consent to such amendatory ordinance; or (v) The establishment of priorities as between the Bonds issued and Outstanding under the provisions of this Ordinance; or (vi) The modification of or otherwise affecting the rights of the holders of less than all of the Outstanding Bonds. 40 (c) In addition to any other consent required in this Section 21, the consent of the Bond Registrar and Paying Agent is required for any amendments which materially adversely affect the Bond Registrar and Paying Agent. Section 22. Events of Default. Each of the following events is hereby declared an Event of Default, provided however, that in determining whether a payment default has occurred pursuant to paragraphs (a) or (b) of this Section, no effect shall be given to payments made under a Bond Insurance Policy: (a) If payment of the principal of any of the Bonds shall not be made when the same shall become due and payable at maturity or upon prior redemption; (b) If payment of any installment of interest on the Bonds shall not be made when the same becomes due and payable; (c) If the Town defaults in the punctual performance of its covenants hereunder (other than the covenant in Section 18(m) and if such default shall continue for 60 days after written notice specifying such default and requiring the same to be remedied shall have been given to the Town and the Bond Insurer by the Owners of at least 25% in aggregate principal amount of the Outstanding Bonds. Section 23. Remedies. Upon the happening of any Event of Default, the Owner or Owners of not less than 25% in aggregate principal amount of the Outstanding Bonds, or a trustee therefor, may protect and enforce their rights hereunder by any proper legal or equitable remedy deemed most effectual including mandamus, specific performance of any covenants, the appointment of a receiver (the consent of such appointment being hereby granted), injunctive relief, or requiring the Board to act as if it were the trustee of an express trust, or any combination of such remedies. All proceedings shall be maintained for the equal benefit of all Owners. The failure of any Owner to proceed does not relieve the Town or any person of any liability for failure to perform any duty hereunder. The foregoing rights are in addition to any other right available to the Owners of Bonds and the exercise of any right by any Bondowner shall not be deemed a waiver of any other right. If any remedial action is discontinued, the Bondowners shall be restored to their positions prior to taking such action. Section 24. Costs of Issuance. All costs and expenses incurred in connection with the issuance of the Bonds shall be paid either from the proceeds of the Bonds or from other 41 legally available moneys of the Town, or from a combination thereof. Amounts on deposit in the Costs of Issuance Fund shall be used to pay the costs of issuance of the Bonds. Section 25. Acceptance of Proposal. The Board hereby authorizes the sale of the Bonds to the Underwriter upon the terms, conditions, and provisions as set forth in the Sale Certificate and the Bond Purchase Agreement. Section 26. Authorization of Documents. The form, terms and provisions of the Continuing Disclosure Certificate, the Paying Agent Agreement and the Bond Purchase Agreement are hereby approved, and the Town shall enter into and perform its obligations thereunder in substantially the forms of such documents on file with the Town Clerk; and the officers of the Town are hereby authorized and directed to execute and deliver such documents as required hereby. Such documents are to be executed in substantially the forms hereinabove approved, provided that such documents may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Ordinance. The execution of any document or instrument by the appropriate officers of the Town herein authorized shall be conclusive evidence of the approval by the Town of such document or instrument in accordance with the terms hereof. The Town Manager and the Finance Director are each independently authorized to execute and deliver any documents necessary to obtain the Bond Insurance Policy and the Reserve Account Insurance Policy to secure the payment of the principal of and interest on the Bonds, if so determined in the Sale Certificate. The officers of the Town and members of the Board are authorized and directed to take any and all other actions necessary or appropriate to effectuate the provisions of this Ordinance, including but not limited to, the execution and delivery of the Continuing Disclosure Certificate, the Paying Agent Agreement, the Bond Purchase Agreement, and any and all necessary documents, instruments or certificates and performing all other acts that they deem necessary or appropriate. It shall be the duty of the proper officers of the Town to hereafter take all action necessary for the Town to comply with the provisions of this Ordinance, as hereafter amended and supplemented from time to time. Section 27. Approval of Preliminary Official Statement and Authorization of Final Official Statement. The distribution of the Preliminary Official Statement is hereby 42 ratified, approved and confirmed. The Underwriter is authorized to prepare or cause to be prepared, and the Town's Finance Director is authorized and directed to approve, on behalf of the Town, a final Official Statement for use in connection with the offering and sale of the Bonds. The execution of a final Official Statement by the Finance Director shall be conclusively deemed to evidence the approval of the form and contents thereof by the Town. Section 28. Bond Insurance Provisions. To the extent that the Bonds are secured by a Bond insurance Policy, the following provisions shall apply notwithstanding anything to the contrary contained in this Ordinance: (a) So long as the Bond Insurer is not in default in its payment obligations under the Bond Insurance Policy, the Bond Insurer shall at all times be deemed the sole and exclusive Owner of the Outstanding Bonds for the purposes of all approvals, consents, waivers, institution of any action, and the direction of all remedies pursuant to this Ordinance; provided, however, that the Bond Insurer shall not be deemed to be the sole and exclusive Owner of the Outstanding Bonds with respect to any amendment or supplement to this Ordinance which seeks to amend or supplement this Ordinance for the purposes set forth in clauses (i) through.(vi) of Section 21(b), and provided, further, that the Bond Insurer shall not have the right to direct or consent to Town, Paying Agent or Owner action as provided herein, if- (i) the Bond Insurer shall be in payment default under the Bond .Insurance Policy; (ii) any material provision of the Bond Insurance Policy shall be held to be invalid by a final, non -appealable order of a court of competent jurisdiction, or the validity or enforceability thereof shall be contested by the Bond Insurer; or (iii) a proceeding shall have been instituted in a court having jurisdiction in the premises seeking an order for relief, rehabilitation, reorganization, conservation, liquidation or dissolution in respect of the Bond Insurer under Article 16 of the Insurance Law of the State of New York or any successor provision thereto and such proceeding is not terminated for a period of 90 consecutive days or such court enters an order granting the relief sought in such proceeding. 43 (b) To the extent that the Bond Insurer makes payment of any principal of or interest on a Bond, it shall be fully subrogated to all of the Owner's rights thereunder in accordance with the terms of the Bond Insurance Policy to the extent of such payment, including the Owner's rights to payment thereof. (c) In the event that the principal of or interest on a Bond shall be paid by the Bond Insurer pursuant to the terms of the Bond Insurance Policy: (i) such Bond shall continue to be "Outstanding" under this Ordinance, and (ii) the Bond Insurer shall be fully subrogated to all of the rights of the Owner thereof in accordance with the terms and conditions of paragraph (b) of this Section and the Bond Insurance Policy. (d) This Ordinance shall not be discharged unless and until all amounts due to the Bond Insurer have been paid in full or duly provided for. (e) The rights granted under this Ordinance to the Bond Insurer to request, consent to or direct any action are rights granted to the Bond Insurer in consideration of its issuance of the Bond Insurance Policy. Any exercise by the Bond Insurer of such rights is merely an exercise of the Bond Insurer's contractual rights and shall not be construed or deemed to be taken for the benefit of or on behalf of the Owners, nor does such action evidence any position of the Bond Insurer, positive or negative, as to whether Owner consent is required in addition to consent of the Bond Insurer. (f) No contract shall be entered into nor any action taken by the Town or the Paying Agent pursuant to which the rights of the Bond Insurer or security for or sources of payment of the Bonds under this Ordinance may be impaired or prejudiced except upon obtaining the prior written consent of the Bond Insurer. Section 29. Parties Interested Herein. Nothing herein expressed or implied confers any right, remedy or claim upon any Person, other than the Town, the Board, the Paying Agent, the Registrar, the Bond Insurer, the Surety Provider, the Owners of the Bonds and the Owners of any Parity Lien Bonds or other securities payable from the Pledged Revenues when reference is expressly made thereto. All the covenants, stipulations, promises and agreements herein contained by and on behalf of the Town shall be for the sole and exclusive benefit of the Town, the Board, the Paying Agent, the Registrar, the Bond Insurer, the Surety Provider, the Owners of the Bonds and the Owners of any such other securities in the event of such a reference. 44 Section 30. Ratification_ and Approval of Prior Action. All actions heretofore taken by the officers of the Town and the members of the Board, consistent with the provisions of this Ordinance, relating to conducting the 2013 Election, implementing the financing and construction of the Project and the authorization, issuance, sale and delivery of the Bonds for such purposes, be, and the same hereby are, ratified, approved and confirmed. Section 31. SeverabiIity. If any section, paragraph, clause, or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance, the intent being that the same are severable. Section 32. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. Section 33. Ordinance Irrepealable. After the Bonds are issued, this Ordinance shall constitute an irrevocable contract between the Town and the Owners of the Bonds, and shall be and remain irrepealable until the Bonds and the interest thereon shall have been fully paid, satisfied, and discharged. No provisions of any constitution, statute, charter, ordinance, resolution or other measure enacted after the issuance of the Bonds shall in any manner be construed as impairing the obligations of the Town to keep and perform the covenants contained in this Ordinance. Section 34. Recording and Authentication. Immediately on its passage this Ordinance shall be recorded in a book kept for that purpose, authenticated by the signatures of the Mayor and Town Clerk, and shall be published in accordance with law. Section 35. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after publication following final adoption. 45 INTRODUCED, PASSED, ADOPTED AND ORDERED PUBLISHED in full in the Longmont Times -Call, a newspaper of general circulation in the Town of Firestone on February _a, 2014. FeREs 7- f•x 2, raw+v (SEAL) f. SEAL 1o0 est: O�NTy"Cps Town Clerk Town of Firestone, Colorado C d L" Mayor Town of Firestone, Colorado .. 4016792 Pages: 1 of 3 05/19/2014 08:42 AM R Fee:$21.00 Steve Moreno, Clerk and Recorder, Weld County, CO ORDINANCE N0. _nJ AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE STEEL STRUCTURES AMERICA ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Steel Structures America Annexation No. 1 Annexation and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -1 10, the Board of Trustees on February 26, 2014 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published January 27 and February 3, 10 and 18, 2014 in the Times -Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation in accordance with the applicable laws of the State of Colorado, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of C.R.S. §§ 31-12-107(1)(g),-110(2) or 112, C.R.S. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Steel Structures America Annexation No. 1, is hereby approved and such property is made a part of and annexed to the Town of Firestone, subject to those conditions set forth in Exhibit B attached hereto and incorporated herein by this reference. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 26'' day of February, 2 4�REsroN� ••` TOWN M AMR % 4.��Q . ��O�O Carissa Medina, Town Clerk 2/2112014 1:43 Ph1 jkmk] KT)mstw&,4 nexatim\Stee1 Svucft re 1-310ed I.doc TOo WN F F ES ONE, COLORADO Chad Auer, Mayor 4016792 Pages: 2 of 3 05/19/2014 08:42 AM R Fee:$21.00 Steve Moreno, Clerk and Recorder, Weld County, CO mill 1I1'�T ui���t�"1 �'1 ��� � ��� 1 Per ��� 11111 EXHIBIT A - LEGAL DESCRIPTION STEEL STRUCTURES AMERICA ANNEXATION #1 A PARCEL OF LAND LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADC, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE SOUTH 00024'08" EAST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION RECORDED AT RECEPTION NO 3461534 IN WELD COUNTY, COLORADO, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 89059'58" EAST A DISTANCE OF 60.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD; THENCE SOUTH 14010100" WEST A DISTANCE OF 238.53 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14; THENCE NORTH OB053'01" WEST A DISTANCE OF 234.06 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION; THENCE NORTH 89057'30" EAST A DISTANCE OF 34.52 FEET TO THE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 10,930 SQUARE FEET OR 0.25 ACRES, MORE OR LESS. ., 4016792 Pages: 3 of 3 05/19/2014 08:42 AM R Fee:$21.00 Steve Moreno, Clerk and Recorder, Weld County, CO EXHIBIT B — CONDITIONS OF APPROVAL Steel Structures America Annexation No. 1 1. Execute an Annexation Agreement as prepared by the Town Attorney. 2. Submit an updated Title Commitment, dated no later than one month prior to recording of final documents. Address and modify all documents pursuant to all engineering comments from the Town Engineer. 4016794 Pages: 1 of 3 05/19/2014 08:42 AM R Fee:$21.00 Steve Morena, Clerk and Recorder, Weld County., CO mill KIM Y1'4A'GlhX W 4iti*W q VNI Aki 11111 ORDINANCE NO. 4'M AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS T14E STEEL STRUCTURES AMERICA ANNEXATION NO.2 TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Steel Structures America Annexation No. 2 Annexation and described in Exhibit A attached hereto, has been fled with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on February 26, 2014 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published January 27 and February 3, 10 and 18, 2014 in the Times -Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation in accordance with the applicable laws of the State of Colorado, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of C.R.S. §§ 31-12-107(1)(g),-110(2) or 112, C.R.S. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Steel Structures America Annexation No. 2, is hereby approved and such property is made a part of and annexed to the Town of Firestone, subject to those conditions set forth in Exhibit B attached hereto and incorporated herein by this reference. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 26 h day of February, 201�� TOWN OF IR TONE, COLORADO Chad Auer, Ma or Town Clerk 2120014 1.41 PM [kmk] R,%FiwmonelAmexconrSte l Struc wi I-3NOrd 2.doc 14 4016794 Pages: 2 of 3 05/19/2014 08:42 AM R Fee:$21.00 Steve Moreno: Clerk and Recorder, Weld CountY, CO mill l����h� :F�� �1�;�;lr+.��,����� l�F��1i44�rW�r�� milli EXHIBIT A - LEGAL DESCRIPTION STEEL STRUCTURES AMERICA ANNEXATION #2 A PARCEL OF LAND LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE SOUTH 00°24108" EAST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION RECORDED AT RECEPTION NO 3461534 IN WELD COUNTY, COLORADO; THENCE SOUTH 89059158" EAST A DISTANCE OF 60.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 02030'29" WEST A DISTANCE OF 1,181.67 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14; THENCE NORTH 02°04'37" WEST A DISTANCE OF 1,181.29 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION; THENCE SOUTH 08053'01" EAST A DISTANCE OF 234.06 FEET TO A POINT; THENCE NORTH 14°10'00" EAST A DISTANCE OF 238.53 FEET TO THE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 44,863 SQUARE FEET OR 1.03 ACRES, MORE OR LESS. N 4016794 Pages: 3 of 3 05/19/2014 08:42 AM R Fee:$21.00 Steve Moreno, Clerk and Recorder, Weld County, CO mill �11" T l�'r' llrk�'��' ;l JUVII MIMPit. IJA11111 EXHIBIT B — CONDITIONS OF APPROVAL Steel Structures America Annexation No. 2 1. Execute an Annexation Agreement as prepared by the Town Attorney. 2. Submit an updated Title Commitment, dated no later than one month prior to recording of final documents. 3. Address and modify all documents pursuant to all engineering comments from the Town Engineer. 3 4016796 Pages: 1 of 3 05/19/2014 08:42 AM R Fee:$21.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1111 kl?.1111 N:11.0VAI M MIONI N(11M11VIE,11111 ORDINANCE NO. g(-1 I AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE STEEL STRUCTURES AMERICA ANNEXATION NO. 3 TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Steel Structures America Annexation No. 3 Annexation and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on February 26, 2014 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published January 27 and February 3, 10 and 18, 2014 in the Times -Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation in accordance with the applicable laws of the State of Colorado, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of C.R.S. §§ 31-12-107(1)(g),-110(2) or 112, C.R.S. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Steel Structures America Annexation No. 3, is hereby approved and such property is made a part of and annexed to the Town of Firestone, subject to those conditions set forth in Exhibit B attached hereto and incorporated herein by this reference. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 26`h day of February, 2014._ 4�SSTONv TOWN �• 10 m SEA iU r� �Q ~'........ o 0 Medina. Town Clerk LINTY, .G 2121=14 1:46 PM [kink] R:SFirestonMnne adm\StM Stwctwre 1-350rd 3,doc TOWN OF FI STO , COLORADO Chad Auer, Mayor 4016796 Pages: 2 of 3 05/19/2014 08:42 PM R Fee:$21.00 Steve Morena, Clerk and Recorder, Weld County, CO mill PrAlf z DIIJAV11,I1. $1.111& Wpm FKW441I II1 EXHIBIT A - LEGAL DESCRIPTION STEEL STRUCTURES AMERICA ANNEXATION #3 A PARCEL OF LAND LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE SOUTH 00024'08" EAST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION RECORDED AT RECEPTION NO 3461534 IN WELD COUNTY, COLORADO; THENCE SOUTH 89059'58" EAST A DISTANCE OF 60.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 00024'08" EAST A DISTANCE OF 2,270.00 FEET TO A POINT; THENCE NORTH 89046135" WEST A DISTANCE OF 10.00 FEET TO A POINT; THENCE SOUTH 00024'08" EAST A DISTANCE OF 250.43 FEET TO A POINT; THENCE NORTH 89055'47" EAST A DISTANCE OF 350.51 FEET TO A POINT; THENCE SOUTH 00024'08" EAST A DISTANCE OF 110.00 FEET TO A POINT; THENCE SOUTH 89055147" WEST A DISTANCE OF 350.51 FEET TO A POINT; THENCE CONTINUING SOUTH 89055'47" WEST A DISTANCE OF 50.00 FEET TO THE WEST 1/4 CORNER OF SECTION 14; THENCE SOUTH 8904658" WEST A DISTANCE OF 34.52 FEET TO A POINT; THENCE NORTH 00024'08" WEST A DISTANCE OF 2,630.56 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION; THENCE SOUTH 02004'37" EAST A DISTANCE OF 1,181.29 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14; THENCE NORTH 02030'29" EAST A DISTANCE OF 1,181.67 FEET TO THE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 227,791 SQUARE FEET OR 5.23 ACRES, MORE OR LESS. 2 4016796 Pages: 3 of 3 05/19/2014 08:42 AM R Fee:$21.00 Steve Moreno, Clerk and Recorder, Weld County: CO mill �Nl�lti�lr���:h,'k���6'r������li�:I�k��� 11111 EXHIBIT B — CONDITIONS OF APPROVAL Steel Structures America Annexation No. 3 1. Execute an Annexation Agreement as prepared by the Town Attorney. 2. Submit an updated Title Commitment, dated no later than one month prior to recording of final documents. 3. Address and modify all documents pursuant to all engineering comments from the Town Engineer. A 4016799 Pages: 1 of 5 05/19/2014 08:42 AM R Fee:$31.00 Steve rareno, Clerk and Recorder, Weld County, CO mill k!rILINAN"lik 11111 ORDINANCE NO. 914 2- AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE STEEL STRUCTURES AMERICA ANNEXATION NOS. 1-3, AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY WHEREAS, a petition for annexation of certain property, annexed to the Town as the Steel Structures America Annexation Nos. 1-3, was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, concurrent with such petition, an application was filed with the Town for approval of a zoning request and Outline Development Plan for such property; and WHEREAS, the property, known as the Steel Structures America Annexation Nos. 1-3, was annexed to the Town by ordinance and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property has requested a Planned Unit Development zoning classification with Residential-B (PUD R-B), Regional Commercial (PUD RC), and Employment Center (PUD EC) land uses and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification requested is consistent with the Town's plan for the area encompassed by the Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation on the zoning request and Outline Development Plan to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Steel Structures America Annexation Nos. 1-3, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof (the "Property"), is hereby zoned Planned Unit Development Residential-B (PUD R-B), 4016799 Pages: 2 of 5 05/19/2014 08:42 AM R Fee:$31.00 Steve Moreno, Clerk and Recorder, Weld County, CO mill 110k'T,1 VIP" AblAwlNIW M117 1IiY�� 11111 Regional Commercial (PUD RC), and Employment Center (PUD EC) as shown on the Outline Development Plan, pursuant to the zoning ordinances of the Town and subject to and in accordance with the Steel Structures America, Inc. Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. Section 2. The Board of Trustees hereby approves the Steel Structures America, Inc. Outline Development Plan, subject to the conditions set forth on Exhibit B attached hereto and incorporated herein by reference. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 261h day of February, 2014. TOWN OF FIRESTONE, COLORADO 4�4STON 1 TOWN 1•p C hZ Auer, [1 SEA ATTEST: TY, C i a Me ina, Town Clerk 2/71/2014 1:53 PM [kmk] R-Tireslon6Annexntionlsieel slmetures 1-3VZ ning Orddoc 7 c 4016799 Pages: 3 of 5 05/19/2014 08:42 AM R Fee'$31.00 Steve Moreno, Clerk and Recorder Weld County, CO mill �,��K�l ���1� "4 IF0 i�wr�r AIlik).1i 11I EXHIBIT A - LEGAL DESCRIPTION Steel Structures America Annexation Nos. 1-3 Zoning and Outline Development Plan STEEL STRUCTURES AMERICA ANNEXATION #1 A PARCEL OF LAND LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE SOUTH 00024'08" EAST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION RECORDED AT RECEPTION NO 3461534 IN WELD COUNTY, COLORADO, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 89°59'58" EAST A DISTANCE OF 60.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD; THENCE SOUTH 14010'00" WEST A DISTANCE OF 238.53 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14; THENCE NORTH 08053'01" WEST A DISTANCE OF 234.06 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION; THENCE NORTH 89057'30" EAST A DISTANCE OF 34.52 FEET TO THE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 10,930 SQUARE FEET OR 0.25 ACRES, MORE OR LESS. STEEL STRUCTURES AMERICA ANNEXATION #2 A PARCEL OF LAND LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE SOUTH 00024'08" EAST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION RECORDED AT RECEPTION NO 3461534 IN WELD COUNTY, COLORADO; THENCE SOUTH 89059'58" EAST A DISTANCE OF 60.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 0290129" WEST A DISTANCE OF 1,181.67 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14; THENCE NORTH 02004'37" WEST A DISTANCE OF 1,181.29 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION; THENCE SOUTH 08°53'01" EAST A DISTANCE OF 234.06 FEET TO A POINT; 3 4016799 Pages: 4 of 5 05/19/2014 08:42 AM R Fee:$31.00 Steve Moreno, Clerk and Recorder, Weld County, CO mill FaT FORK WIM Wei WAVAIN 1014111).1I 111 THENCE NORTH 14010'00" EAST A DISTANCE OF 238.53 FEET TO THE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 44,863 SQUARE FEET OR 1.03 ACRES, MORE OR LESS. STEEL STRUCTURES AMERICA ANNEXATION #3 A PARCEL OF LAND LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE SOUTH 00024'08" EAST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION RECORDED AT RECEPTION NO 3461534 IN WELD COUNTY, COLORADO; THENCE SOUTH 89059158" EAST A DISTANCE OF 60.00 FEET TO A POINT ON THE EAST RIG_3T-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 00024'08" EAST A DISTANCE OF 2,270.00 FEET TO A POINT; THENCE NORTH 89046'35" WEST A DISTANCE OF 10.00 FEET TO A POINT; THENCE SOUTH 00024'08" EAST A DISTANCE OF 250.43 FEET TO A POINT; THENCE NORTH 89055147" EAST A DISTANCE OF 350.51 FEET TO A POINT; THENCE SOUTH 00024108" EAST A DISTANCE OF 110.00 FEET TO A POINT; THENCE SOUTH 89055'47" WEST A DISTANCE OF 350.51 FEET TO A POINT; THENCE CONTINUING SOUTH 89055'47" WEST A DISTANCE OF 50.00 FEET TO THE WEST 1/4 CORNER OF SECTION 14; THENCE SOUTH 89046'S8" WEST A DISTANCE OF 34.52 FEET TO A POINT; THENCE NORTH 00024'08" WEST A DISTANCE OF 2,630.56 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION; THENCE SOUTH 02004'37" EAST A DISTANCE OF 1,181.29 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION s4; THENCE NORTH 02030'29" EAST A DISTANCE OF 1,181.67 FEET TO THE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 227,791 SQUARE FEET OR 5.23 ACRES, MORE OR LESS. THE TOTAL DESCRIBED LAND ANNEXED TO THE TOWN OF FIRESTONE THROUGH STEEL STRUCTURES AMERICA, INC. ANNEXATIONS NO. 1, 2 AND 3 AND ZONED HEREBY CONTAINS AN AREA OF 6.52 ACRES, MORE OR LESS. 4 m 4016799 Pages: 5 of 5 05/19/2014 08:42 AM R Fee:$31.00 Steve Moreno: Clerk and Recorder: Weld County, 00 oil[WIr ���_ F��K «,�� L �� ,111h W,4149, UHM 11111 EXHIBIT B Steel Structures America Annexation Nos. 1-3 Conditions of Approval Zoning and ODP 1. Execute an Annexation Agreement as prepared by the Town Attorney. 2. Address and modify all documents pursuant to all engineering comments from the Town Engineer. 3. Provide a detailed inventory on the ODP of existing structures and uses on the property. 4. Add a note to the ODP that residential uses on the property are limited to the building located in the middle and labeled on the OFDP "1 story brick building (Residential/Office)." S. Provide an updated title commitment prior to recording, and revise all signature blocks as necessary for signature by the owner of record. E ti 4015802 Pages: 1 of 4 05/19/2014 08:42 AM R Fee:$26,00 Steve Moreno, Clerk and Recorder, Weld County, CO mils ORDINANCE NO. Oe)q 3 AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE BEHRENS & ASSOCIATES ENVIRONMENTAL NOISE CONTROL ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Behrens & Associates Environmental Noise Control Annexation and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on February 26, 2014 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published February 19 and 26, and March 5 and 12, 2014, in the Times -Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation in accordance with the applicable laws of the State of Colorado, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of C.R.S. §§ 31-12-107(1)(g),-110(2) or 112, C.R.S. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Behrens & Associates Environmental Noise Control Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone, subject to those conditions set forth in Exhibit B attached hereto and incorporated herein by this reference. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 26th day of March, 2014. ��FtES TpN� m SEo A f 0 a Q 00�NTY. GO�� TOWN OF FIRESTONE, COLORADO Auer, Mayor 4016802 Pages: 2 of 4 05/19/2014 08:42 AM R Fee:$26.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III �>.��, ill' �r � 1f1� 1WVA11INIHI WA 11111 ATTEST: Carissa Medina, Town Clerk 3/21/2014 10:21 AM [kmkl R.TimstonMmexationl0rd.doc 4016802 Pages: 3 of 4 05/19/2014 08:42 AM R Fee:$26.00 Steve Moreno, CIerk and Recorder, Weld County, CO 1111 ��rWHAM: iWW 11111 EXHIBIT A - LEGAL DESCRIPTION Behrens & Associates Environmental Noise Control Annexation A PARCEL OF LAND LOCATED IN SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 14; THENCE NORTH 89055'47" EAST ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF SECTION 14, A DISTANCE OF 50.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST 1-25 FRONTAGE ROAD; THENCE NORTH 00024'08" WEST ON THE EAST RIGHT-OF-WAY LINE OF EAST 1-25 FRONTAGE ROAD, A DISTANCE OF 110.00 FEET TO A POINT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00024'08" WEST A DISTANCE OF 250.43 FEETTO A POINT; THENCE SOUTH 89°46'36" EAST A DISTANCE OF 10.00 FEET TO A POINT; THENCE CONTINUING SOUTH 89046'36" EAST DISTANCE OF 499.70 FEET TO A POINT; THENCE SOUTH 50024'16" EAST A DISTANCE OF 444.96 FEET TO A POINT; THENCE SOUTH 00004'13" EAST A DISTANCE OF 73.79 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF SECTION 14; THENCE SOUTH 89055'47" WEST A DISTANCE OF 499.62 FEET TO A POINT; THENCE NORTH 00024'08" WEST DISTANCE OF 110.00 FEET TO A POINT; THENCE SOUTH 89055'47" WESTA DISTANCE OF 350.51 FEET TO THE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 218,026.03 SQUARE FEET OR 5.00 ACRES, MORE OR LESS. 4016802 Pages: 4 of 4 05/19/2014 08:42 AM R Fee:$26.00 Steve Moreno: Clerk and Recorder, Weld Cownty, CO mill MIRT N, 6,A,.IFK kNO ANAU ItROW 11111 EXHIBIT B — CONDITIONS OF APPROVAL Behrens & Associates Environmental Noise Control Annexation 1. Execute an Annexation Agreement as prepared by the Town Attorney. 2. Submit an updated Title Commitment, dated no later than one month prior to recording of final documents. 3. On Sheet 1 of the annexation map, correct the Annexation map to show the existing Town limits as "720.94". Contiguity will be obtained from the conditionally approved Steel Structures America Annexation No. 2 and No. 3. 4. On Sheet 1 of the annexation map, delete legend and markings indicating contiguity with the Town of Frederick. S1 s 4016805 Pages: 1 of 4 05/19/2014 08:42 AM R Fee:$26.00 Steve Moreno, Clerk and Recorder, Weld County, CO mill F10%,� �1�4C K'f R �rr� � M kAlyi, gill I ORDINANCE NO. ("- --q--4 AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE BEHRENS & ASSOCIATES ENVIRONMENTAL NOISE CONTROL ANNEXATION, AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY WHEREAS, a petition for annexation of certain property, annexed to the Town as the Behrens & Associates Environmental Noise Control Annexation was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, concurrent with such petition, an application was filed with the Town for approval of a zoning request and Outline Development Plan for such property; and WHEREAS, the property was annexed to the Town by ordinance and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property has requested a PIanned Unit Development zoning classification with Regional Commercial (PUD RC) land uses and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification requested is consistent with the Town's plan for the area encompassed by the Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation on the zoning request and Outline Development Plan to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by Iaw; and WHEREAS, no protests were received by the Town pursuant to C:R.S. § 31-23-305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Behrens & Associates Environmental Noise Control Annexation, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof (the "Property"), is hereby zoned Planned Unit Development Regional Commercial (PUD RC) as shown on the Outline Development Plan, pursuant to the zoning ordinances of the Town and subject to and in accordance with the Behrens & Associates 1 4016805 Pages: 2 of 4 05/19/2014 08:42 AMd R Fede$2We0d County, CO Steve Moreno, clerk 11M yroluT 1 r 110N��N ��i�AW11VA P911IJ�'�vdlAi 11 Ill Environmental Noise Control Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. Section 2. The Board of Trustees hereby approves the Behrens & Associates Environmental Noise Control Outline Development Plan, subject to the conditions set forth on Exhibit B attached hereto and incorporated herein by reference. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 26th day of March, 2014. ESTOY �,�•'�OWN i SEA O jarr TEST: 0 t`issa edina, Town Clerk Y2112014 10:28 AM [kink] R:WirestoneVAnnexaiion\BehrensVZoning Ord.doc 2 TOWN OF FIRESTONE, COLORADO C U k/ .1 Chad Auer, Mayor 4016805 Pages: 3 of 4 05/19/2014 08:42 AM R Fee:$26.00 Steve Moreno, Clerk and Recorder, Weld County, CO mill KIPAItM1011 IIAT I411"IL :AVAIViN 11A 11111 EXHIBIT A - LEGAL DESCRIPTION Behrens & Associates Environmental Noise Control Zoning and Outline Development Plan Behrens & Associates Environmental Noise Control Annexation A PARCEL OF LAND LOCATED IN SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 14; THENCE NORTH 89055'47" EAST ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF SECTION 14, A DISTANCE OF 50.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST 1-25 FRONTAGE ROAD; THENCE NORTH 00024'08" WEST ON THE EAST RIGHT-OF-WAY LINE OF EAST 1-25 FRONTAGE ROAD, A DISTANCE OF 110.00 FEET TO A POINT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00024'08" WEST A DISTANCE OF 250.43 FEET TO A POINT; THENCE SOUTH 89046'36" EAST A DISTANCE OF 10.00 FEET TO A POINT; THENCE CONTINUING SOUTH 89046'36" EAST A DISTANCE OF 499.70 FEET TO A POINT; THENCE SOUTH 50024'16" EAST A DISTANCE OF 444.96 FEET TO A POINT; THENCE SOUTH 00°04'13" EAST A DISTANCE OF 73.79 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF SECTION 14; THENCE SOUTH 89055'47" WEST A DISTANCE OF 499.62 FEET TO A POINT; THENCE NORTH 00024'08" WEST DISTANCE OF 110.00 FEET TO A POINT; THENCE SOUTH 89055'47" WEST A DISTANCE OF 350.51 FEETTO THE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 218,026.03 SQUARE FEET OR 5.00 ACRES, MORE OR LESS. .. n 4016805 Pages: 4 of 4 05/19/2014 08:42 AM R Fee:$26.00 Steve Sloreno: Clerk and Recorder; Weld County, CO mill MIJIVAORAT,Wh1w, w11LIJAInV, III 11111 EXHIBIT B Behrens & Associates Environmental Noise Control Conditions of Approval Zoning and ODP General 1. Address Town Engineer comments and redlines. 2. Provide an updated Title Commitment, dated no later than one month prior to recording of final documents. 3. Provide a Statement of Authority for Don Behrens to sign on behalf of the Behrens Family Trust. 4. Confirm independent submittals of the ODP and PDP/FDP have been made to St. Vrain Sanitary District, Frederick Firestone Fire Protection District and Central Weld County Water District and modify plans to address referral comments. ODP Traffic Impact Study (TIS) 5. Provide written confirmation from CDOT that it agrees no off -site roadway improvements are warranted with this project. 6. Provide a final TIS that is stamped by a licensed Colorado engineer. Final Drainage Report 7. Revise the drainage report and make any other revisions necessary to address the Town Engineer's comments. The Existing (developed) condition was used as the Historic condition; which is not correct. The Historic Condition is the pre -developed condition. The proposed runoff/release rate cannot exceed the 100-year historic runoff. The pond volume and release rate will need to be recalculated based on historic conditions, not existing. In addition, runoff from the eastern portion of the site is being released undetained. The report must show that proposed runoff does not existing the 100-year historic/pre-developed runoff. 4 ORDINANCE NO. AN ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE CONCERNING COSTS ASSESSED BY THE FIRESTONE MUNICIPAL COURT WHEREAS, the Board of Trustees also finds it necessary to establish by ordinance court costs to be assessed by the Firestone Municipal Court; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsections A and B of Section 2.44.060 of the Firestone Municipal Code are hereby amended to read as follows (words to be added underlined): 2.44.060 Fines and penalties and court costs. A. The Municipal Judge may suspend a sentence or fine and place the violator on probation for a period not exceeding one year. The Municipal Judge also may sentence violators to a sentence of work release, in -home detention or a maximum of five hundred hours of community service. Costs, including the costs associated with work release, in -home detention and costs associated with community service, may be assessed against a defendant found guilty as provided by law. Costs associated with community service shall not exceed $35.00. In addition, the Municipal Judge may order violators to pay restitution. B. The Municipal Judge in his or her discretion may assess costs against any defendant who pleads guilty or nolo contendere or who enters into a plea agreement or who is granted a deferred judgment and sentence or who, after trial, is found guilty of an ordinance violation. Such costs shall not exceed $50.00, except that in the case of a trial by jury such costs shall not exceed $75.00. Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of , 2014. oREST rf 7�wN� m= r i Z 10 ATTEST: '= %0 rfXl\ Cahs<aTALYdina, Town Clerk Paul Sorenson, Mayor l� 4031880 Pages: 1 of 4 07/21/2014 08:06 AM R Fee:$26.00 Steve Moreno, Clerk and Recorder, Weld County, Co Bill FAT W M K141d IMMINI'l R114.11111 ORDINANCE NO. q4(0 AN ORDINANCE APPROVING AN OUTLINE DEVELOPMENT PLAN AMENDMENT FOR LOT 2, FLATIRON PLANNED UNIT DEVELOPMENT III WHEREAS, by Ordinance No. 781 adopted on September 28, 2011, the Board of Trustees of the Town of Firestone zoned property that was annexed to the Town and known as the Flatiron Annexation, and approved an Outline Development Plan ("ODP") for such property; and WHEREAS, the Board of Trustees of the Town of Firestone has received a request for approval of an amendment to such ODP to expand the permitted uses for Lot 2 to include storage, repair and servicing of recreational vehicles; and WHEREAS, on June 19, 2014, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, at which the applicant and other interested persons presented testimony to the Commission and at which a number of documents were made a part of the record, and recommended approval of the application with conditions; and WHEREAS, all materials related to the proposed ODP amendment have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Board of Trustees considered the ODP amendment at a duly noticed public hearing held on June 25, 2014; and WHEREAS, the Board of Trustees finds that the proposed ODP amendment is consistent with the Town's plan for the area and that the applicant has demonstrated that the proposed ODP amendment meets the applicable criteria of the Town's ordinances and Development Regulations; and WHEREAS, the Board of Trustees finds that the proposed ODP amendment should be approved, subject to certain conditions set forth herein; and WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305, NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado hereby approves the proposed outline development plan amendment for Lot 2, Flatiron Planned Unit Development III, the legal description of which property is set forth in Exhibit A, attached hereto and incorporated herein by reference, subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by reference. The Town zoning map shall be amended accordingly. 4031880 Pages: 2 of 4 07/21/2014 08:06 AM R Fee:$26.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1111 PFAU VIA! N A MURA, MAL 11111 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 25th day of June, 2014. ON ;N� r' ATTEST: SEAL 0 ........�, q �' (�NTY, G arissa Medina Town Clerk (V2W014 12;40 PM [kmk] R:Timslon60 dinancelFladmn Lot 2 ODP Amend.doc 2 Pa , Paul Sorensen, Mayor 4031880 Pages: 3 of 4 07/21/2014 08:06 AM R Fee:$26.00 Steve Morero, Clerk and Recorder, Weld County, CO mill KFATIMrl KINWj F&WAY"MPAW 11111 EXHIBIT A QDP Amendment —Legal Description All of Lot 2, Flatiron Planned Unit Development 111, containing 21.657 acres, more or less, Town of Firestone, County of Weld, State of Colorado, as more particularly described on the Plat recorded with the Weld County Clerk and Recorder at Reception No. 4008583 on April 14, 2014. 3 4031880 Pages: 4 of 4 07/21/2014 08:06 AM R Fee:$26.00 Steve Moreno, Clerk and Recorder, Weld County, CO till IYJf� .� wrL�l 4+ I�'Wli>t'r�'�4�r'#� ESACIIIA 11111 EXHIBIT B ODP Amendment Conditions of Approval Lot 29 Flatiron Planned Unit Development III Revise the vicinity map as follows: a. Show existing Town limits; b. Use Firestone street names; and C. Show Lot 2 as the "site," since the amendment only affects Lot 2. 2. Provide an updated title commitment when final documents are filed for recording. The ODP amendment must be signed by the owner of record at the time of recording. 3. Revise the legal description to read as follows: "All of Lot 2, Flatiron Planned Unit Development III, containing 21.657 acres, more or less, Town of Firestone, County of Weld, State of Colorado, as more particularly described on the Plat recorded with the Weld County Clerk and Recorder at Reception No. 4008583 on April 14, 2014." 4. Revise the Project Concept, Regional Impacts, Circulation System and Grading sections and the Existing Land Use Table to reflect only that information relevant to Lot 2. 5. Revise the AIODP text to reflect the Flatiron Annexation has already been completed and reference this AIODP rather than the ODP; delete references to an OFDP being processed. 6. Revise the telephone provider to CenturyLink. Correct typographical numbering errors in the subsections of Section 13 (Future Development within the AIODP is Planned to Include). 8. Add a note to the ODP that no RVs may be moved onto the site for any reason until an OFDP or FDP is approved. =-w L.D n 0 A T, M-j't� P.O. Box koo F�r4- 5�o l CC.:, ORDINANCE NO. 9,)`f_- AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND ADAMS BANK & TRUST FOR THE LEASE OF OFFICE SPACE LOCATED AT 8308 COLORADO BOULEVARD WHEREAS, the Town has the authority to lease property in accordance with applicable law, including but not limited to, C.R.S. § 31-15-101; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town to lease space to meet the current needs of the Town for professional office space; and WHEREAS, for such purpose, there has been proposed a lease agreement between the Town and Adams Bank & Trust for the Town to lease approximately 2,350 square feet of professional office space located at 8308 Colorado Boulevard in the Town of Firestone; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town to enter into the lease contemplated herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves a Lease Agreement between the Town of Firestone and Adams Bank & Trust (the "Lease") for'the lease of certain real property located at 8308 Colorado Boulevard (WCR 13) in the Town of Firestone, Colorado, more specifically designated as Suites 214-221 and Suite 223 at said address totaling approximately 2,350 square feet, for use by the Town as Town professional offices, in substantially the form of such Lease as accompanies this ordinance. Section 2. The Mayor is hereby authorized to execute such Lease on behalf of the Town, except the Mayor is hereby further granted the authority to approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. Section 3. The Mayor, Town Clerk, Town Manager and Town staff are authorized to execute such other documents as are necessary to implement the Lease, and to make payments under the Lease for which funds are legally available. The Town's financial obligations under the Lease are expressly subject to annual appropriation by the Board of Trustees and nothing in this ordinance or the Lease is intended or shall be construed to create any multiple -fiscal year direct or indirect Town debt or fiscal obligation whatsoever. Section 4. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this '15-t""day ofshAYJ— , 2014. ��YEnS�pT�gp�� . 10 SEA 8 0 t Q Attest: c�1JNTY, GG\• rva5\-"� ssa Nredina Town Clerk 2 TOWN OF FIRESTONE, COLORADO 0 solz-=� Paul Soren en Mayor LEASE AGREEMENT THIS -LEASE AGREEMENT made and entered into by and between the following parties and upon the following terms and conditions: (1) Parties The parties to this Agreement,'hereinafter referred to as LANDLORD and TENANT, respectively are: !A LANDLORD: Adams Bank & Trust . 1.2 . TENANT: ToWn of Firestone (2) Premises Landlord hereby leases to TENANT the following described real property situated in Weld County, Colorado, .to wit:.. . That portion of a certain commercial building which is known as 8308 Colorado Boulevard (WCR 13) in the Town of Firestone, Colorado, more specifically designated. as Suites 214., 215, 215, 217,' 218,• 219, 220, 221 & 223 totaling approximately 2;350 square feet.' (3) Term The term of this lease shall be as follows: 3.1 Date of Beginning of Base Term: August 1., 2014 3.2 Date of Termination of Base Term:: Three years from Beginning of Base Term. :3.3, .. Term of Extension Option: TENANT shall have one option to extend the term of this lease by an additional two-year period of time. Said option may be exercised by written_ notice to. LANDLORD provided. ninety days prior to expiration of the Base Term.. The option shall be extended using an adjustment in rent to the base of $4,015.00 ($20.501sq. ft.). After the three-year Base Term, the adjustment in rent would -reflect. an increase to $4,210.00 ($21.501sq. ft.) for the additional two-year period. (4) Rental The rental to be paid by TENANT to LANDLORD, the place of payment of the same and the dates of the payment of the same shall be: The First of every month, in the sum' of $4,015.00. . 4.1 Amount,of Base.Rental: For twelve (12) months the sum of $48,175.00, payable at $4,016.06 per month. On August 1, 2014, an amount equal to the first month's rent of $4,015.00, plus an amount equal to the last month's rent of $4,015.00, plus a security deposit of an amount equal to a month's rent of $4,015.00, for a total of $12,045,00, will be paid by TENANT to LANDLORD. 4.2 Place of payment: Adams Bank & Trust, 8308 Colorado Boulevard (WCR 13), Suite 1'00; Firestone, Colorado 80504-6801, or such. other place as LANDLORD may designate to TENANT.- 4.3 Dates of payments: The first day of each month during the Base Term and any extension granted hereunder. (5) Repair of Alteration .5.1 TENANT accepts possession of said premises in the same condition effective on the date of beginning of Base Term, as heretofore stated in clause 3.1. LANDLORD shall have no obligation for'alteration or repair of the same. 5.2 Effective on the date of beginning of Base Term, as heretofore stated in clause 3.1, the TENANT shall not have the right. to make alteration or structural changes in or upon said premises without the prior written consent of the LANDLORD. (6) Utilities 6.1 The expense of all utilities servicing said premises shall be paid by LANDLORD, at no expense to TENANT. (7) Maintenance of Premises 7A LANDLORD will at no cost to TENANT maintain all plumbing, air-conditioning, heating and other interior improvements during the term of this lease and any extension thereof. LANDLORD shall be. responsible for the maintenance of the exterior of said building. The. TENANT will at its expense maintain the janitorial services of the leased premises. The TENANT shall be responsible for all its ancillary expenses (such. as coffee, tea, and food) that are incurred within its leased space or common areas of the building (except for the bathrooms). 7.2 LANDLORD shall at no cost to TENANT maintain in good repair all exterior parts of the demised premises . including but not limited to the roof, exterior walls, foundations, support of floors, ceilings, drain spouts, sidewalks, driveways, window casing. and frames, plate glass therein (unless breakage thereof is due to negligence of TENANT, its employees or customers while working Inside the building), doors and door frames and casings and all hardware thereon, underground plumbing, water lines, gas lines and electrical lines. The, LANDLORD shall be solely responsible for all .structural defects and damage. The TENANT shall be solely responsible for the decoration of the interior of said leased premises in such manner, as it may deem suitable for its occupancy, with LANDORD approval. 7.3 . All personal property in the leased premises shall be at the risk of the TENANT only and the'. LANDLORD shall not be, or become liable for any damage to personal property, to said premises or to said TENANT or to any other persons or property caused by water leakage, steam, sewerage, gas or odors or for any damage 2 whatsoever done or occasioned by or from any boiler, plumbing, gas, water, steam or other pipes or any damage occasioned by water, snow, or ice being upon or coming through the roof, skylight, trapdoor, or otherwise, or for any occupants, or employees of the building in which the leased premises are situated or arising by reason of the use 'or any defect. in the said. building or any of the fixtures, equipment, or appurtenances therein, or by the act orneglect of LANDLORD or caused in any other manner whatsoever, unless the same shall be directly attributable to the negligence of LANDLORD or'LANDLORD's agents. 7.4 In the event the improvements or any part thereof shall be destroyed or damaged by fire, superior forces or any other unavoidable casualty, and the operation of the TENANT'S business is materially interfered with, then an adjusted and proportionate part of the rents hereby reserved shall abate during such time as said premises are unfit for occupancy. In the event of damage to said premises frond any cause whatever rendering the same totally untenantable (defined' as such loss as shall result in insurance reimbursement of 50% or more of the Insurance coverage maintained upon said, premises or the building in which they are situated) this lease shall be considered terminated and at an end. Provided, however, that, LANDLORD may, instead, elect to reconstruct said, premises, in which event all provisions of this agreement shall continue'!n force, provided such..option is exercised by notice in writing given to TENANT within 30 days of the date of such loss. In the event LANDLORD exercises said option; repair of said premises shall be. proceeded with as promptly after the exercise of said, option as possible and shall be continuously and expeditiously pursued.' No rental shall be payable from TENANT during such period while said premises remaining untenantable: . 7.5 There is established around and adjacent to the leased premises parking facilities containing 44 parking spots, seven (7) of which shall be assigned specifically to the TENANT for use by TENANT'S officers, staff, guests or invitees during the term of this lease and any extension. The LANDLORD at its expense will sign these seven (7) spaces as "Reserved- Town of Firestone.n LANDLORD further agrees it will maintain throughout the term of this lease and any extension no less than seven (7) unreserved spaces available in the adjacent east parking lot for general use. LANDLORD will : determine location of TENANT staff parking. LANDLORD will bear the expense of snow removal and parking lot maintenance. T.6 Signage space will be available to the TENANT in the front entrance of the building, and on' its office doors. The cost of the signage is the sole responsibility of the TENANT. LANDLORD will also provide TENANT space for an exterior wall or monurment sign, which shall be subject to LANDLORD'S approval and the cost of which is the sole responsibility of the TENANT. (8) Inspection -8.1 LANDLORD shall have the right to go upon said premises at reasonable times and hours and inspect the same, for the purpose of ascertaining compliance with the terms of this agreement by TENANT and- for undertaking any repair which is the obligation of LANDLORD: (9) Claims of Third Parties 9.1 To the extent permitted by law, TENANT shall indemnify LANDLORD and hold LANDLORD harmless from any and all claims of third parties arising from the conduct of TENANT upon: said .premises. or the management of the business conducted by TENANT upon said premises, or otherwise arising by reason of any alleged negligence of TENANT and TENANT'S officers or employees. Any damage to said premises or the building in which the same are situated resulting from the negligence of TENANT, or TENANT'S officers or employees shall be the liability of TENANT to LANDLORD, or shall be repaired by TENANT. (10) Use of Premises 10.1 TENANT shall utilize said premises for the operation of the Town of Firestone professional offices, and related activities associated therewith, and for no other purpose without the written consent of LANDLORD; and TENANT shall neither engage in nor permit any activity thereon in violation of the ordinances of the Town of Firestone, or the laws of the State of Colorado and shall otherwise in its occupancy of said _building, comply in all respects with the governing statutes and ordinances including the prompt, removal of all obstructions or hazards of any nature from the .sidewalk and all parking areas on the premises; neither will TENANT utilize said premises for any.purpose which would result in the increase of the rate of insurance thereon or for any purpose tending -to injure the reputation of the. premises or the LANDLORD 'or to disturb tenants of adjoining premises or to otherwise create a nuisance in the neighborhood. 10.2 TENANT further agrees not to allow or participate in any banking service or sale of any securities, except such activities as are incident to the Town's municipal operations. {11) Assignment 11.1 This lease and the agreements herein contained may be assigned by LANDLORD or utilized as security by LANDLORD without the consent of TENANT. TENANT may not assign, sublet or permit occupancy of said premises by third persons without the prior written consent of LANDLORD. (12) Liability of Landlord LANDLORD shall not be liable to TENANT for any damage occasioned to the property of TENANT from the water, electricity or gas supplied to said premises or otherwise, in any, manner, from the plumbing thereof, or from fire, structural failure or loss from natural causes sustained .upon said premises, unless the same shall be directly. attributable to the negligence of LANDLORD or LANDLORD'S agents, (13) Insurance 13A TENANT shall carry such insurance upon the interior of said. premises and for any damage inflicted to said building by an instrumentality or equipment utilized in said 4 building and under the control of TENANT; and LANDLORD shall maintain such insurance upon said building, insuring the same against the common risks. 13.2 TENANT shall carry general liability insurance with aggregate limits of $100,000.00 for one accident and $1,000,000.00 as a maximum, and said insurance shall contain the name LANDLORD as an additional insured, as the same relates to the leased premises or the use and utilization of the subject premises by TENANT and. its agents, servants, employees customers and clients. (14) Covenants of Landlord 14.1 LANDLORD covenants that LANDLORD is the owner in fee of the premises forming the subject matter 'of thin lease and .that TENANT shall have peaceful and quiet enjoyment of said premises throughout the term of this lease. . (15) Bankruptcy . 15.1 If TENANT shall become insolvent or make an assignment for the benefit of creditors or file, a petition in bankruptcy, or seek the benefit of any bankruptcy, composition with creditors or insolvency, law,: or' i# the TENANT shall be adjudged bankrupt or if a receiver or trustee.of the TENANT shall be appointed, or this lease shall be operation of law devoive upon or pass to any person'other than the TENANT, then in each such case the LANDLORD shall have the right and option to terminate this lease at any time and with or without demand or notice and with or without legal process enter into the demised premises and take possession thereof an may use all force necessary to effect.such entry and/or to hold such possession and/or to remove the lessee and/or any person and/or any property from the demised premises. 1.5.2 Not he contained shall create a partnership or joint venture between the LANDLORD and TENANT or render either party in any way responsible for debts, losses or -obligations of the. other, as the relationship herein created is solely that of LANDLORD and TENANT. (16). Default 16.1 Upon the.occurrence of any event of default LANDLORD may, in addition to any other remedy of right given by law, -terminate this lease by service of written notice of such termination upon TENANT and thereupori'enter upon said .leased premises, or any part thereof upon the date specfed in such notice and retake possession of said premises. 16.2 Each of the following shall be deemed an event of default: .16.2.1 Default in the payment of rental provided herein for a period often (10) days. 16.2.2 Breach by TENANT of any of the covenants or other obligations of TENANT set forth herein, and failure by TENANT to remedy such breach in full upon 15 days notice in writing thereof given by LANDLORD. 16:2.3 Abandonment of said premises by TENANT. 5 16.2.4 The making of an assignment by TENANT for the benefit of creditors or the filing by TENANT or against TENANT of a petition in bankruptcy, the filing of any petition against TENANT for the foreclosure of any judgment lien against said leasehold, or the levy of any writ of execution upon said leasehold. 16.2.5 Acceptance by LANDLORD of any rental payment after its due date shall not constitute a waiver as to the time of making of future payments. (17) Payment of Taxes 17.1 LANDLORD shall pay all .real estate, special assessments and other taxes levied or assessed against the leased premises. ...17.2 The TENANT shall pay all taxes assessed against personal property placed by it in the . demised premises. (18) Redelivery of Possession 18.1 Upon the expiration Hof the Base'Term herein set forth, or any extension thereof, or upon termination of this lease in any manner herein provided, Tenant will surrender possession and, occupancy of said premises to LANDLORD without any other or further notice than the terms of this lease. 18.2 The security'deposit shall be returned to TENANT within thirty,(30) days following the expiration or termination of the lease., If LANDLORD proposes to retain any portion of the security deposit, it shall provide notice.of same to TENANT and shall return within said 30�day period, the undisputed portion of the deposit. The deposit may be used only to cure a TENANT default, after notice and an opportunity to cure as provided in Section 16..... (19) Time of Essence -19.1, Whenever any periods of time are provided for in the lease, it is agreed that time is an essential element of the same. (20) General .20.1. This agreement shall extend to, and be binding ,upon the successors and assigns of LANDLORD and of TENANT. 20.2 The parties hereto do not intend this Agreement to be a multiple fiscal year financial obligatioh'within the meaning of Article X, Section 20 of the Colorado Constitution, and this. Agreement small be interpreted so as to avoid. any such meaning. The parties therefore agree -that' all obligations of the Firestone Board of Trustees to make payment under this Agreement are subject to annual appropriation by the Board of Trustees. In the event of non -appropriation of funds, TENANT shall provide written notice of same to LANDLORD and this lease shall terminate effective as of the date stated in such notice. Upon such termination, TENANT will surrender possession and occupancy of.said premises to LANDLORD and TENANT shall have no liability"for any 6 future rent; however, TENANT shall remain obligated to pay rent for its period of occupancy of the premises, and rent for the final month of occupancy shall be pro -rated at a daily rate if necessary. 20.3 LANDLORD shall have no right to relocate or consolidate TENANT, or to otherwise substitute all or any portion of. the premises. .20.4 :TENANT, for no further. charge, shall have access to the first floor conference room and kitchen for TENANT meetings, up to ten (10) meetings per month solely during normal bank operating hours. Proposed times of use shall be coordinated through LANDLORD.. ., 20.5 The parties_ understand and agree that the TENANT, a municipal.corporation, is relying ori, and does not waive or intend to waive by an provision of this Agreement, the monetary- limitations .(presently '$350,000 per person' and .$990,000 per occurrence) or any other rights, immunities, 'and protections provided by the Colorado Govemmental Immunity -Act, C.R.S. § 24-10-101 et seq., as from time to time amended, or otherwise available to the.Town, its officers,' or its employees. Dated thiI V dayof 2014. 1 . r f, X&q .. STATE OF.COLORADO ) SS Town of Firestone, Tenant By. Attest: By: Paul Sorensen, Mayor Carissa Medina, Town Cleric COUNTY. OF WELD. ) On this 1 K day of �rj, 2014, before me the undersigned, a Notary Public, d ujv comm ssioned, quaand resi ing in said County, personally came 07ad . Rdam p of Adams Bank & Trust a Nebraska Corporation by me known to be the identical person whose name was affixed to the foregoing instrument in said capacity, and acknowledged the execution thereof to be his voluntary act and deed and the voluntary act and deed of said Corporation. WITNESS my hand and Notarial Seal on the day and year last written above. I SHSCHMIDT'.' NOTARYPUBUC:STATE OPCOLORADO NOTARY ID 20024008861 - . Notary Public MY COMMISSION.EXPRES MARCH 16; ory 2018 .7 STATE OF COLORADO. ) COUNTY OF WELD ) On this day of , 2014, before me the undersigned, a Notary Public, duly commissioned,. qualified and residing in said County, personally came Paul Sorensen, Mayor, and Carissa Medina, Town Clerk, by me known to be the identical person whose name is affixed to the foregoing instrument and acknowledged the execution thereof to be his voluntary act and deed 'and the voluntary act and deed of said Town of Firestone. WITNESS my hand and Notarial Seal the day and year last written above. Notary Public. ORDINANCE NO. 848 AN ORDINANCE AMENDING SECTION 6.12.010 OF THE FIRESTONE MUNICIPAL CODE AND ADDING A NEW CHAPTER 6.14 AND A NEW SECTION 17.28.070 TO THE FIRESTONE MUNICIPAL CODE TO PERMIT THE KEEPING OF BACKYARD CHICKEN HENS WITHIN CERTAIN AREAS OF THE TOWN, AND ADOPTING RELATED REGULATONS WHEREAS, the Board of Trustees has previously adopted an ordinance codified at Section 6.12.010 of the Firestone Municipal Code making it unlawful for any person to maintain or keep any chickens within the Town; and WHEREAS, the Board of Trustees desires to amend the Code to allow backyard chicken hens to be kept in chicken coops on single-family residential parcels subject to permitting and compliance with specific regulations; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 6.12.010 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted are shown in Wit; words to be added are underlined): 6.12.010 Prohibited animals. It is unlawful for any person to maintain or keep any cattle, sheep, goats, hogs, rabbits, chickens, roosters, ducks, geese, horses or other livestock, wildlife or fowl within the town. The keeping of such animals within the town is declared to be a nuisance. Notwithstanding the foregoing backyard, chicken hens may be kept on single-family residential parcels within areas zoned R-1, R-2, R-5, PUD R-A or PUD R-B, subject to permitting and to compliance with the regulations set forth in chapter 6.14 of this code, and other applicable town requirements. Section 2. Title 6 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 6.14 to read as follows: Chapter 6.14 Backyard Chicken Hens Sections: 6.14.010 Keeping of backyard chicken hens. 6.14.020 Permit required. 6.14.030 Violations. 6.14.010 Keeping of Backyard Chicken Hens. A. Backyard chickens hens may be kept only on single-family residential parcels within areas zoned R-1, R-2, R-5, PUD R-A or PUD R-B, subject to permitting and compliance with all of the following requirements: 1. No more than four chicken hens are permitted per parcel. Male chickens (or roosters) are not permitted. For purposes of this chapter, a single-family residential parcel is a lot or tract of land having as its sole primary use one detached single-family dwelling or one mobile home or one manufactured home. 2. Backyard chicken hen are required to be contained within a coop and fenced run that shall meet all of the following requirements: a. The chicken hen facilities shall include a coop and run that are fully enclosed and adequately designed and constructed to prevent escape of chicken hens and entry by predators. b. Coops shall be constructed with a solid top. c. Chicken hen facilities shall provide access to adequate and fresh water at all times in a manner to prevent the water from freezing. d. The chicken hen facilities, including coop space and run, shall be limited to a maximum of 60 square feet. e. The chicken hen facilities shall provide at least four square feet of space per chicken hen. f. Coops shall be no taller than seven feet at the highest point of the roof. g. Chicken hen facilities shall be located in the rear or backyard of the parcel. Chicken hen facilities shall not be located between the rear of the structure and the front yard lot line. Chicken hens shall be kept within the chicken hen facilities and are not permitted within any other portions of a parcel. h. Chicken hen facilities shall be at least six feet from any other structure and at least six feet from any side or rear property line. 3. All coops and runs shall be regularly cleaned and maintained to control dust, odor, and waste and to prevent the facilities from constituting a nuisance, safety hazard, or health problem to surrounding properties. Odors associated with the chicken coop shall be contained within the owner's property boundary. 2 4. All waste materials shall be properly disposed of and not allowed to accumulate on the property. S. Chicken feed must be stored in a resealable, airtight, metal, ratproof container to discourage attracting mice, rats, and other vermin. 6. Slaughtering of chicken hens is prohibited. 7. Dead animal carcasses shall be properly disposed of within 24 hours. 8. At such time chicken hens are no longer kept upon the parcel, all chicken facilities shall be removed within thirty (30) days and the permit shall be returned to the Town. 9. The chicken hens must be protected from predators by being closed in the chicken coop from dusk to dawn. 10. The chicken hens must be sheltered or confined in such fashion as to prevent them from coming into contact with wild ducks or geese or their excrement. 11. The requirements of this section are minimum requirements and do not affect any private controls, including any more stringent regulations or prohibitions on the keeping of chicken hens contained in private covenants. Nothing in this chapter shall affect the authority of any owner's association to adopt and enforce more stringent standards for the keeping of chicken hens, or to prohibit outright the keeping of chicken hens on any property within the jurisdiction of such association. 12. The keeping of backyard chicken hens shall be prohibited in any mobile home park as defined in chapter 17.48 of this code. 13. The keeping of backyard chicken hens shall only be permitted on a single- family residential parcel that is enclosed by a privacy fence on at least three sides of the parcel. For the purposes of this section, "privacy fence" shall mean a continuous, solid fence used to prevent view across the fence line. 6.14.020 Permit required. Any person keeping chicken hens pursuant to this chapter must first have been issued a permit by the town, the application for which shall be made available by the Town Clerk. The application shall include a plan or drawing showing the proposed locations of all chicken hen facilities to be located upon the parcel for which the permit is requested, which plan or drawing shall include details demonstrating the applicant's proposed manner of compliance with the 3 requirements of this chapter. The Town Clerk shall assess an application fee of thirty dollars ($30.00) for each application received under this chapter. 6.14.030 Violations. A. Any person who violates any provision of this chapter shall be punished by a fine of not more than one thousand dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment. Each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person shall be a separate offense. B. A permit issued pursuant to section 6.14.020 may be revoked by the Town Clerk upon the conviction of the permit holder of a violation of this chapter, or upon the permit holder's entry of a plea of guilty to a violation of this chapter. C. Chicken hens and/or chicken hen facilities that are not kept or maintained in conformance with the requirements of this chapter shall be deemed a public nuisance and the owner or custodian shall be given thirty (30) days to rectify the conditions creating a public nuisance. If the owner or custodian has not rectified the conditions within 30 days of the date notice is provided, the Town may abate the nuisance as provided in chapter 8.18 of this code. D. The Town shall have the authority to seize, impound and dispose of any chicken hens found at large within the Town's limits. Such seizure, impoundment and disposal shall not require notice to any owner or keeper, nor any attempt to locate the owner thereof. E. The remedies contained in this section are cumulative and are in addition to all other remedies available to the Town. F. Town of Firestone peace officers and code enforcement officers or their designees shall have the right to inspect the chicken coop, fenced run area, and any property upon which chickens are kept when investigating complaints or compliance with this chapter. Section 3. Chapter 17.28 of the Firestone Municipal Code is hereby amended by the addition of a new section 1.7.28.070 to read as follows. 17.28.070 Backyard Chicken Hens. Backyard chicken hens may be kept as an accessory use on single-family residential parcels within areas zoned R-1, R-2, R-5, PUD R-A or PUD R-B, subject to permitting and to compliance with the regulations set forth in chapter 6.14 of this code, and other applicable town requirements. The keeping of backyard chicken hens shall be prohibited in any mobile home park as defined in chapter 17.48 of this code. 4 Section 4. The regulations set forth in this ordinance shall be subject to programmatic review no later than December 31, 2016, at which time the Board of Trustees may in its discretion choose to maintain, amend or repeal the regulations regarding the keeping of backyard chicken hens herein adopted. Section 5. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section b. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 7. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 23rd day of July, 2014. s�EST0H� '' Wi� (:OO;Tvor SEMI, t o Attest: fO�Y, A�o� Larissa edina Town Clerk TOWN OF FIRESTONE, COLORADO IP& Paul Sorensen Mayor 5 ORDINANCE NO. � r AN ORDINANCE ENACTING A NEW MUNICIPAL CODE TO ESTABLISH A PROGRAM OF THE TOWN CHAPTER 3.24 OF THE FIRESTONE TAX AND FEE BUSINESS ASSISTANCE WHEREAS, the Board of Trustees desires to establish a tax and fee business assistance program, the purpose of which is to recruit businesses and employers within the Town of Firestone (the "Town"), thereby stimulating the economy of and within the Town, providing employment for residents of the Town and others, further expanding the goods and services available for purchase and consumption by businesses and residents of the Town, and further increasing the sales taxes and fees collected by the Town; and WHEREAS, the Board of Trustees finds that increased tax and fee collections realized in connection with such program will enable the Town to provide expanded and improved municipal services to and for the benefit of the Town, while at the same time providing public or public -related improvements to the Town and its taxpayers and residents; and WHEREAS, the Board of Trustees finds that the creation of a tax and fee business assistance program is in the furtherance of the public health, safety and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO- Section 1. Title 3 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 3.24 to read as follows: Chapter 3.24 TAX AND FEE BUSINESS ASSISTANCE PROGRAM Sections: 3.24.010 Established. 3.24.020 Purpose. 3.24.030 Definitions. 3.24,040 Basis for participation. 3,24.050 Approval of agreement; conditions; effect. 3.24.060 Permitted use of funds. 3.24,070 BAP payments. 3.24.080 Existing tax revenue sources unaffected. 3.24.090 Criteria for approval. 3.24.100 Agreement with Town; required; contents. 3.24.110 Findings. 3,24.120 Review every two years. 3.24.010 Established. There is established within the Town a Tax and Fee Business Assistance Program ("BAP"). 3.24.020 Purpose. The purpose of the BAP created by this Chapter is to encourage the recruitment and/or establishment of sales tax generating businesses and employers within the Town, thereby stimulating the economy of and within the Town, providing employment for residents of the Town and others, further expanding the goods and services available for purchase and consumption by businesses and residents of the Town, and further increasing the sales taxes and fees collected by the Town, which increased sales tax and fee collections will enable the Town to provide expanded and improved municipal services to and for the benefit of the residents of the Town, while at the same time providing public or public -related improvements at no cost, or at deferred cost, to the Town and its taxpayers and residents. 3.24.030 Definitions. As used in this Chapter and all sections thereof, the following phrases shall have the following meanings: Applicant means the owner(s) of real property upon which a business is operated or proposed, or the operator of a business located or proposed to be located within the Town. Enhanced sales tax means an amount which represents the good -faith determination by the applicant and the Town as to the amount of sales taxes which could be generated from the new business without the participation by the applicant in the BAP created under this Chapter. Fees means the amount of building permit fees and construction use taxes collected by the Town during the construction permitting process for initial construction of a project participating in the BAP created under this Chapter. Operator means the owner or potential owner of a business that is eligible for inclusion in the BAP created by this Chapter. Owner means the record owner or potential record owner of real property upon which one (1) or more business is operated. Sales tax means the amount of Town sales tax collected from the applicant, excluding all revenues from the one percent (l%) sales tax imposed for streets and parks projects, as authorized by the registered electors of the Town at the November 5, 2013 election and set forth in Section 3.08.080 of this Code. 2 3.24.040 Basis for participation. Participation in the BAP shall be based upon approval by the Board of Trustees, exercising its legislative discretion in good faith. Any owner or operator of a proposed business may apply to the Town for inclusion within the BAP, provided that: (1) the proposed new business is reasonably likely to generate enhanced or increased sales taxes, permit fees and/or construction use taxes within the Town in the first year of operation: (2) the proposed business is not located on property for which a Public Improvement Reimbursement Agreement (PIRA) has been approved by the Board of Trustees; and (3) the proposed new business will be located in a physical space that has a gross floor area of eight thousand (8,000) square feet or larger. Application for inclusion in the BAP must be made prior to the proposed opening or acquisition. 3.24.050 Approval of agreement; conditions; effect. Approval by the Board of Trustees of an agreement implementing the BAP shall entitle the successful applicant to share in enhanced sales taxes or fees, or both, derived from the applicant's property or business in an amount specified in the agreement required by Section 3.24.100, which amount shall not exceed ten thousand dollars ($10,000) and forty percent (40%) of the sales tax revenues derived from the imposition of the Town's sales tax. The applicant may use said amounts only for public or public -related purposes, obligations and/or improvements such as those specified in Section 3.24.060 and which are expressly approved by the Board of Trustees at the time of consideration of the application. The time period for which said enhanced sales taxes or fees may be shared shall not commence until all public or public -related improvements are completed and meet Town standards, and shall be limited by the Board of Trustees, in its discretion, to a specified time, which shall not exceed five (5) years, or until a specified amount is reached. 3.24.060 Permitted uses of funds. A. The uses to which said shared enhanced sales taxes or fees may be put by an applicant shall be strictly limited to obligations and/or improvements which are public or public - related in nature, and which are specifically identified as eligible for BAP funding as part of the agreement required by section 3.24.100 and which, if required by the Town, are subject to a subdivision agreement executed pursuant to Section 16.12.030 of this Code, a development agreement executed pursuant to Section 17.22.150 of this Code, or other permit or agreement required by the Town. B. By way of example and not limitation, eligible purposes, obligations and improvements which are public or public -related in nature include streets, sidewalks, curbs, gutters, pedestrian malls, street lights, drainage facilities, landscaping, decorative structures, redevelopment of existing properties, occupancy of existing vacant space, creation of jobs in the Town, public art, fountains, identification signs, traffic safety devices, bicycle paths, off-street parking facilities, benches, restrooms, information booths, public meeting facilities, and all necessary, incidental, building facades, architectural enhancements, and appurtenant structures and improvements, together with the relocation, extension, undergrounding or improvement of existing utility lines, and any other improvements of a similar nature which are specifically approved by the Board of Trustees. 3 C. Nothing in this Chapter shall limit the Board of Trustees from appropriating additional capital improvement funds for capital improvements directly or indirectly affecting the property in question as a part of the Town's regular appropriation, capital improvement, or budget process. 3.24.070 BAP payments. A. For BAP agreements utilizing enhanced sales tax incentives, payments shall be made no less than annually and no more than quarterly, as the Town and applicant shall agree and shall be based on the actual monthly Town sales tax collected by the applicant and received by the Town. B. For SAP agreements utilizing fees, payments shall be made in either incremental payments or a lump -sum payment as provided in the agreement approved by the Board of Trustees. Such payments shall be made or commence no earlier than issuance of a certificate of occupancy for the subject location and satisfaction of the requirements of this Chapter and of the agreement. C. No interest shall be paid on any amounts shared pursuant to any BAP agreement. 3.24.080 Existing tax revenue sources unaffected. A. It is an overriding consideration and determination of the Board of Trustees that existing sources of Town sales tax and fee revenues shall not be used, impaired or otherwise affected by the BAP. Therefore, it is conclusively determined that only enhanced sales taxes and fees generated by the properties or businesses described in an approved BAP application shall be subject to division under the BAP. It shall be the affirmative duty of the Finance Director of the Town to collect and hold all such enhanced sales taxes and fees to be shared in a separate account apart from the sales taxes and fees generated by and collected from other sources in the Town and to provide an accounting system which accomplishes the overriding purpose of this Chapter. It is conclusively stated by the Board of Trustees that this Chapter would not be adopted or implemented but for the provision of this Section. B. Without limiting the foregoing subsection A of this Section, it is conclusively stated that there shall be excluded from the BAP and any BAP agreement all revenues from the one percent (1%) sales tax imposed for streets and parks projects, as authorized by the registered electors of the Town at the November 5, 2013 election and set forth in Section 3.08.080 of this Code. Such revenues shall not be used, impaired or otherwise affected by the BAP. C. A business located or proposed to be located on property for which a PIRA has been approved by the Board of Trustees is not eligible for inclusion in the BAP created by this Chapter. 3.24.090 Criteria for approval. 4 Approval of an application for inclusion in the BAP shall be based upon Board of Trustees consideration of the following criteria: A. The amount of enhanced sales taxes which are reasonably to be anticipated to be derived by the Town through the new retail sales tax generating business; B. The public benefits which are provided by the applicant through public works, public or public -related improvements, additional jobs and employment opportunities for Town residents and others, etc.; C. The quality of the proposed development; D. Whether the proposal utilizes an existing building(s); E. Whether the proposal complements existing Town businesses (i.e. a buyer or supplier that serves an existing business in the Town); R Whether the proposal represents redevelopment to an area or building in the Town; G. Whether the proposal represents job diversity in industry sectors and is part of a growing industry; H. The proposal's contribution to the diversity of retail or to the diversity of jobs or employment opportunities within the Town; I. Whether the proposal brings a value added result to the Town or a development within the Town (for example, by moving the company's corporate headquarters to the Town); J. The amount of the business assistance as a percentage of new revenue anticipated to be created by the proposal (for example, by relocation of the company to the Town); K. The amount of expenditures which may be deferred by the Town based upon public or public -related improvements to be completed by the applicant; L. The conformance of the applicant's property or project with the comprehensive plan and zoning ordinances of the Town; and M. Whether a proposed agreement required by Section 3.24.100 has been reached, which agreement shall contain and conform to all requirements of said Section 3.24.100. 3.24.100 Agreement with Town; required; contents. Each application for approval submitted to the Board of Trustees shall be subject to approval by the Board of Trustees solely on its own merits. Approval of an application shall 5 require that an agreement be executed by the applicant and the Town, which agreement shall, at a minimum, contain: A. ' A list of those public or public -related purposes, obligations and/or improvements which justify the application's approval, and the amount which shall be spent on such improvements; B. The maximum amount of enhanced sales taxes or fees to be shared, the timing of payment of any such shared taxes or fees, and the maximum time during which the agreement shall continue, it being expressly understood that any such agreement shall expire and be of no further force and effect upon the occurrence of the earlier to be reached of the maximum time of the agreement (whether or not the maximum amount to be shared has been reached) or the maximum amount to be shared (whether or not the maximum time set forth has expired); C. A statement that the agreement is a personal agreement which does not run with the land; D. A statement that the agreement shall never constitute a multi -year fiscal obligation, debt or other obligation of the Town within the meaning of any constitutional or statutory provision; E. The timing of periodic payments of enhanced sales taxes to be shared; F. A provision that any enhanced sales taxes or fees subject to sharing shall be escrowed in the event there is a legal challenge to the BAP or the approval of any application therefor; G. An affirmative statement that the obligations, benefits and provisions of the agreement may not be assigned in whole or in any part without the expressed written authorization of the Board of Trustees, and further that no third party shall be entitled to rely upon or enforce any provision of the agreement; H. A statement that the agreement shall be subject to the annual appropriation of sufficient funds for payments as provided in this Chapter, pursuant to Section 20, Article X of the Colorado Constitution; I. A statement that the applicant shall have no right, claim, lien or priority in or to the Town's sales or use tax revenue superior to or on parity with the rights, claims or liens of the holders as any sales or use tax revenue bonds, notes, certificates or debentures payable from or secured by any sales or use taxes, existing or hereafter issued by the Town; and that all rights of the successful applicant are, and at all times shall be, subordinate and inferior to the rights, claims and liens of the holders of any and all such existing or hereafter issued sales and use tax revenue bonds, notes, certificates or debentures, payable from or secured by any sales or use taxes issued by the Town; and 0 L. Any other provisions agreed upon by the parties and approved by the Board of Trustees. 3.24.110 Findings. The Board of Trustees has enacted this Chapter as a joint benefit to the public at large and to private owners for the purposes of. providing the Town with increased sales tax and fee revenues generated upon and by properties improved as a result of the BAP program; providing incentives for businesses to create additional jobs within the Town; providing for public and public -related improvements to be completed by private owners through no debt obligation being incurred on the part of the Town; allowing applicants an opportunity to improve properties which generate sales taxes, which improvements make those properties more competitive in the marketplace; and further providing to the applicant additional contingent sources of revenues for upgrading such properties. The Board of Trustees specifically finds and determines that creation of the BAP is in furtherance of the public health, safety and welfare. Notwithstanding any provision of this Chapter, the Town shall never be a joint venturer in any private entity or activity which participates in the BAP, and the Town shall never be liable or responsible for any debt or obligation of any participant in the BAP. 3.24.120 Review every two years. The Tax and Fee Business Assistance Program described in this Chapter shall be reviewed at least once every two years by the Board of Trustees to ensure the BAP is achieving the program's objectives, including but not limited to, the recruitment of sales tax generating businesses, creation of employment opportunities for Town residents and others, expanding the goods and services available for purchase and consumption by businesses and residents of the Town, and the objectives recited in Section 3.24.110 and elsewhere in this Chapter. Section 2. If any portion of this ordinance is held to be invalid for any reason; such decisions shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this �9Ylay of fY►�4u/jf- , 2014. TOWN OF FIRESTONE, COLORADO ESTO err TOWN Mi r ;o Paul Sorensen Mayor 0 •y ff o GMry�co`' ATTEST: �1�� Carissa Medina Town Clerk ORDINANCE NO.850 AN ORDINANCE AMENDING TITLE 5 OF THE FIRESTONE MUNICIPAL CODE TO ADOPT REGULATIONS PROHIBITING THE ESTABLISHMENT OR OPERATION OF MARIJUANA ESTABLISHMENTS AND BUSINESSES THAT INVITE OR PERMIT PRIVATE ASSEMBLY FOR THE PURPOSE OF THE USE OR CONSUMPTION OF MARIJUANA OR MARIJUANA PRODUCTS WHEREAS, Article XVIII, Section 16 of the Colorado Constitution, referred to as Amendment 64, concerns the personal use and regulation of marijuana and allows the retail sale and cultivation of marijuana in the State of Colorado, was approved by Colorado voters in November 2012; and WHEREAS, C.R.S. § t2-43.4-101, et seq., was signed into law by the Governor on May 28, 2013, and provides guidance for local governments to regulate retail marijuana establishments under the Colorado Retail Marijuana Code; and WHEREAS, Amendment 64 and the Colorado Retail Marijuana Code outline multiple options for local municipalities from the outright banning or retail marijuana establishments to establishing detailed regulations and licensing requirements; and WHEREAS, although Amendment 64 permits the personal use of marijuana and marijuana products by persons twenty-one (21) years of age or older, Amendment 64 provides that nothing contained in said amendment shall permit consumption that is "conducted openly and publicly or in a manner that endangers others," but said terms are not well defined; and WHEREAS, the Colorado Clean Indoor Air Act, C.R.S. § 25-14-201, et sec.., was amended in 2013 "to protect nonsmokers from involuntary exposure to environmental tobacco and marijuana smoke in most indoor areas open to the public." C.R.S. § 25-14-202; and WHEREAS, also in 2013, the Legislature mended the definition of smoking in such Act to include "the burning of... any other matter or substance that contains tobacco or marijuana" and stated the purpose was "to preserve and improve the health, comfort, and environment of the people of this state by limiting exposure to tobacco and marijuana smoke;" and WHEREAS, until fundamental interpretations of State law are resolved or clarified, attempts by the Town to regulate marijuana establishments and the places where marijuana can be used or consumed are fraught with possible inherent conflicts that could raise doubts as to any regulatory scheme adopted by the Town; and WHEREAS, despite the adoption of Amendment 64, marijuana is still classified as a controlled substance under federal law, and has the potential for abuse that should be closely monitored to the extent possible; and WHEREAS, Article XVIII, § 16(5)(f) of the Colorado Constitution specifically authorizes municipalities to "prohibit the operation of marijuana cultivation facilities, marijuana product 1 manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance;" and WHEREAS, C.R.S. § 31-15-501 authorizes the Town to regulate and license businesses operating within the Town and to prohibit within the limits of the Town any offensive or unwholesome business or establishment; and WHEREAS, the Board previously adopted Ordinance 822 on April 24, 2013 which prohibited the operation or establishment of marijuana establishments and businesses within the Town and such Ordinance is set to expire on December 31, 2014; and WHEREAS, the Town finds that if Ordinance 822 expires without further Board action, existing provisions within the Town Code do not adequately address the potential impacts of marijuana establishments and businesses that permit or invite private assembly for the purpose of the use or consumption of marijuana or marijuana products because the Town Code does not regulate such businesses, their locations within the Town's zoning districts, their location relative to schools and other areas frequented by minors, their hours of operation, or other matters necessary to ensure that such businesses are legitimately operating in a manner compliant with Amendment 64 and other applicable law; and WHEREAS, for the forgoing reasons, and pursuant to the authority granted under Amendment 64 and state statutes, the Board of Trustees finds and determines that a prohibition on the operation or establishment of marijuana establishments and businesses that permit or invite private assembly for the purpose of the use or consumption of marijuana or marijuana products, is in the best interest of the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Title 5 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 5.11 which shall read in its entirety as follows: Chapter 5.11 RETAIL MARIJUANA ESTABLISHMENTS Sections: 5.11.010 Definitions 5.11.020 Retail marijuana establishments and clubs prohibited. 5.11.030 Penalty for violation; injunctive relief. 5.11.040 Expiration. 5.11.010 Definitions 0) The following words, terms, and phrases, when used in this Chapter, shall have the meaning ascribed to them in this Section, except where the context clearly requires a different meaning: A. Amendment 64 means that certain voter initiated amendment to the Colorado Constitution adopted November 6, 2012, which added Section 16 of Article XVIII to the Colorado Constitution. B. Colorado Retail Marijuana Code means Article 43.4 of Title 12 of the Colorado Revised Statutes, as amended. C. Marijuana, marijuana accessories, marijuana testing facility, retail marijuana cultivation facility, retail marijuana establishment, retail marijuana products, retail marijuana products manufacturing facility, and retail marijuana store shall have the same meanings as set forth in the in Article XVIII, § 16(2) of the Colorado Constitution and Colorado Retail Marijuana Code, Title 12, Article 43.4, C.R.S., as the same may be amended from time to time. D. Retail marijuana means marijuana that is cultivated, manufactured, distributed, or sold by a licensed retail marijuana establishment authorized by Section 16 of Article XVIII to the Colorado Constitution. 5.11.020 Retail marijuana establishments and clubs prohibited. A. It is unlawful for any person to operate, cause to be operated, or permit to be operated in the Town any retail marijuana establishment. B. It is unlawful for any person to operate, cause to be operated, or permit to be operated in the Town any business that invites or permits private assembly for the purpose of the use or consumption of marijuana or marijuana products. 5.11.030 Penalty for violation; injunctive relief. A. Any person who violates any provision of this Chapter shall be punished by a fine of not more than one thousand dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment. Each act or omission in violation of one or more of the provisions of this Chapter shall be deemed a separate violation for each and every day that such act(s) or omission(s) occur. B. The operation of a retail marijuana establishment or business that invites or permits private assembly for the purpose of the use or consumption of marijuana or marijuana products in violation of the terms of this Chapter may be enjoined by the Town in an action brought in a court of competent jurisdiction. 5.11.040 Expiration. 3 Unless sooner repealed, the provisions of this chapter 5.11 shall cease to have effect after December 31, 2016 and shall be automatically repealed effective January 1, 2017. The foregoing shall not affect the legislative discretion of the Board of Trustees to sooner amend, extend or modify the provisions of this chapter. Section 2. Upon the effective date of this ordinance, it is unlawful for any person to establish, operate, cause to be established or operated, or permit to be established or operated in the Town a marijuana cultivation facility, marijuana product manufacturing facility, marijuana testing facility, retail marijuana store, or any business that permits or invites private assembly for the purpose of the use or consumption of marijuana or marijuana products. Section 3. If any portion of this ordinance is held to be invalid for any reason, such decisions shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 4. The repeal or modification of any portion of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 8th day of October, 2014. '.. 24N " TOWN All SEAL, o° C Q Ja ST: �pN7 ...•©�o� Y, A Medina, Town Clerk TOWN OF FIRESTONE, COLORADO Paul Sorensen, ayor 21 f ORDINANCE NO. AN ORDINANCE DISCONNECTING FROM THE TOWN OF FIRESTONE, COLORADO, CERTAIN PROPERTY CONSISTING OF A PORTION OF WELD COUNTY ROAD 13 (COLORADO BOULEVARD) RIGHT-OF-WAY WHEREAS, there has been filed with the Town of Firestone (the "Town") pursuant to C.R.S. § 31-12-501, an application to disconnect certain real property from the corporate boundaries of the Town; and WHEREAS, the property subject to the application to disconnect consists of approximately .062 acres .of Weld County Road 13 (Colorado Boulevard) and is described and depicted more particularly in Exhibit A attached hereto; and WHEREAS, pursuant to C.R.S. § 31-12-501, the Board of Trustees has given due consideration to the petition and proposed disconnection of the Property from the Town; and WHEREAS, the Board of Trustees finds and determines that the best interests of the Town and its citizens will not be prejudiced by the disconnection of the Property from the Town; NOW, THEREFORE, BE IT ORDAINED. BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to C.R.S. § 31-12-501, that certain real property described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"), is hereby disconnected from the Town of Firestone, Colorado, and is excluded from the corporate boundaries of the Town. Section 2. The disconnected Property shall not be exempt from the payment of any taxes lawfully assessed against it, if applicable, as provided in C.R.S. § 31-12-5.02 and shall be subject to any exercise by the Town of its rights under C.R.S. § 31-12-503. Section 3. The Town Clerk shall file two certified copies of this ordinance in the office of the Weld County Clerk and Recorder, and shall take such other actions as are necessary under C.R.S. § 31-12-501 to effect the disconnection of the Property. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this ?)' day of 0 Ck J �V 2014. F,RES Tp� TO N SEAL } o ATTEST: ��►Nr�"'r-O�� Ca&a Medina, Town Clerk TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor EXHIBIT A Legal Description of the Property A ONE -FOOT WIDE STRIP OF LAND LYING WITHIN THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 2 NORTH, RANGE 68 WEST, THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST, THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 67 WEST AND THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 1, BEING MONUMENTED BY A 2-112" ALUMINUM CAP STAMPED "PLS 24307" IN A MONUMENT BOX WHENCE THE NORTHEAST CORNER OF SAID SECTION 1 BEING MONUMENTED BY A 2-1/2"ALUMINUM CAP STAMPED "GREENHORNE R OM PLS 28656 1993" IN A MONUMENT BOX BEARS NORTH 00015'47" WEST, A DISTANCE OF 2,661.30 FEET WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1, SOUTH 88026'58" WEST, A DISTANCE OF 0.50 FEET TO A LINE PARALLEL WITH AND 0.50 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 1; THENCE DEPARTING SAID SOUTH LINE, ALONG SAID PARALLEL LINE NORTH 00015,471, WEST, A DISTANCE OF 2661.29 FEET TO A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 1 AND A POINT ON A LINE PARALLEL WITH AND 0.50 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE ALONG SAID PARALLEL LINE, NORTH 00°14'07" WEST, A DISTANCE OF 30.02 FEET TO A LINE PARALLEL AND 30.00 NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG SAID PARALLEL LINE, SOUTH 89°52'20" EAST, A DISTANCE OF 1.00 FEET TO A LINE PARALLEL WITH AND 0.50 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG SAID PARALLEL LINE, SOUTH 00°14'07" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6 AND A POINT ON A LINE PARALLEL WITH AND 0.50 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM OF THE WEST LINE OF NORTHWEST QUARTER OF SAID SECTION 6; THENCE ALONG SAID PARALLEL LINE, SOUTH 00°15'47" EAST, A DISTANCE OF 2661.31 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6; THENCE DEPARTING SAID PARALLEL LINE, ALONG SAID SOUTH LINE, NORTH 88°01'01" WEST, A DISTANCE OF 0.50 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 0.062 ACRE (2,691 SQUARE FEET), MORE OR LESS. 3 a m m f �4 3 I o(y m 4 o Z Z Cms 0 N ZN v_ c i z� mz m � V. �rnv cy nn �F�_" 4 0 d V a o p r Z 0 rn V) Z O 8:� !`n;u0 O D o (A Zz l J m N. s m V) N Oy yi nr 00 Zof W N� c f o JrnW ofun � O o O z T q OD C9 a 0 I IC a z OD rri p r*; pp 41 `�w� SIN z m Z II Ol p O s � N z o o� H r 0 ON rnn ;a r O",O FDA Z Fri� in D (nM.-iZ (n (!ice (n N00'15'47"W I I 12661.29 fNOO'15'47"W 2661 LO0 S00'15'47"E 2661.31' EAST LINE NE 1 /4 SECTION 1 a (BASIS OF BEARINGS) — �- Lyi n / zm:0 m m m m 0 (A O /C O O FT] x ILLUSTRATION TO EXHIBIT A SEE SHEET 4 RECOWMV 1-114" RED o PLASAC CAP STAMPED a 7S 30462" N r N \ 3 091U WARRANTY DEED r, L z TRACT A, BLOCK 1 REG NO.. 4016581 Z MW617 PLAT BIWS F fRI'ST SUBDIYI9'DN PARL�1 ND. 1313010fiti2?10 -J 84RQ2 NO.. 13110620100J z W a w 20' 1110E RY2/T--6F WAY • / REG NO 2993165 � 1.00 .5''.5' 20' SZr#ER EASEMENT R£C. NO.. 290165 NE 1 /4, SEC. 1, T2N, R68W LAST r�AN�aT�v REC0WW 1-114" RED RASAC CAP STAMPED 7s 30462" N NW 1 /4, SEC. 6, 017aNMDEED N I T2N, R67W REG NO.. 3157984 N PARM NQ IXJOI1X065 3 w in Lo PARCEL CONTAINS oO o 00PIPELINEEASEMENT 2,691 (SQ.FT.) z (n REG NO 160211E 0.062 ACRES MORE OR LESS 60' JIfDE PRE OW17W \ PXAM NQ 131301&IW R/Gr'IT- WAY 1.00' o' 25 so Tao BROOKS FARM ANNEXATIONS / � TO THE TOWN OF FIRESTONE / 1 Inch = 100 Feet REC. NO. 2857771 TYP. I SEE SHEET 2 NOTE: THIS DRAWING DOES NOT REPRESENT AFIELD MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. PAT`E� "— �°"�� 3°°E°st°'°�.°'^..�, TSuite /'� Y QA� C+t[let°n,Calar°Qa 80122 DISCONNECTION ORDINANCE WELD COUNTY ROAD 13 DWG NAME: DWO DWc: iPEAti CNK: D5B DATE: 2014-09-26 ena°�: laaa)naasys CONSULTANTS, INC. Ftn(34)3 o 18a TOWN OF FIRESTONE, COLORADO SCALE: 1" = 100' DISCONNECTION ORDINANCE MAP.DWG JW NUMBER 54814-43 3 of 5 SHEETS LLUSTRATION TO EXHIBIT A SEE SHEET 5 1.00' , BROOKS FARM ANNEXATIONS = TO THE TOWN OF FIRESTONE REC. NO. 2857771 TYP. �f[If LOT 8 pf�/W f1L1,O D MP116N NO. 1313-01-1 RE1852 REC NO 2511541 PACE NO. 1313OIIOW52 NE 1/4, SEC. 1, T2N, R68W 0' 25 5O 100 1 Inch = 100 Feet I TRACT A &OW 1 M06W PLAT 6F SWOU FARM 17RST .SMif-7QN REG NO P993185 4 PARaZ NO IJIIO8201003 20" 5'EWER EA.SEaIENT REC NO. 299JI65 20r wDE R1av--6r WAY REC NO 299LT165 60' WDE PRESXPnYF ffWT-0'- WAY i 1 l NW 1 /4, SEC. 6, T2N, R67W PARCEL CONTAINS 2,691 (SQ.FT.) 0.062 ACRES MORE OR LESS SEE SHEET 3 NOTE: THIS DRAWING DOES NOT REPRESENT A FIELD MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. DWG NAME: `ESuite F � "900 East Mineral Are, �`��°"�� DISCONNECTION ORDINANCE DWG 7 DWG: TPEALL CNK: DSO Q�L�+ C �irtirtaa,caiaraaa 8U127 WELD COUNTY ROAD 13 DATE: 2014-09-�26 PF,, e111.1117., CONS JLTANTS, INC. www�asteccansuftanls.com TOWN OF FIRESTONE, COLORADO SCALE: 1" = 100' DISCONNECTION ORDINANCE MAP.DWG JOB NUMBER 54814-43 4 OF 5 SHEETS > " -Q � W i/1 �o� �� II I n 3 v O V {�} o i° x z a � OD o€ s Fy ao o .N o i rnm o y CA c IVn II ��o o ZCi7L=J m C) m0�r moo 4 1.�-1 �� rZrt� Z A \ � v Q� � �rN N \ NI 00 O Nr� 0 " r ter! Y-+ ` �N �j Z ' S 71 M Mow 0 'D� I O W Z --A y (n m OZ> q �i 4 gi 12 S z �N o z �c> 0 mz � z� i I W WELD COUNTY Zm rn � ROAD 13 n� oI U) rr i \ \ N00'15�47"W 2661.30' N00*15�47"W 2661.29� _ _ fm'> =o EAST LINE NE 1/4 SECTION 1 S00'15'47nE2661.31' O EAST LINE SE 1/4 SECTION 3B sx �'�r� q u a o c: ammo a Via— A (n ^N O ^�i r+l 6 o IRcji r1a c —* z �p? 4A Z s (n a 0 titer � rrT ITI Z v n o o ops g r Z n ```Yrb �,� O y �W� n 0'U ona Fq c� �IWc� $ a L4 Z cn qCD cn iV V ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5.20 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE LICENSING OF CONTRACTORS WHEREAS, the Board of Trustees previously adopted Chapter 5.20 of the Firestone Municipal Code requiring contractors, subcontractors and tradesmen to obtain licenses from the Town; and WHEREAS, pursuant to C.R.S. § 12-23-111(15), the Colorado Legislature has declared the licensing of electricians to be a matter of statewide concern and has stated that electricians who are licensed, registered or certified by the State shall not be required to obtain a license from a municipality; however, a municipality may impose reasonable registration requirements on any electrical contractor as a condition of performing services within the municipality; and WHEREAS, the Board of Trustees desires to amend Chapter 5.20 to require registration of electrical contractors performing work in the Town. NOW, THEREFORE, BE 1T ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Line C.22 in the table in Section 5.20.030 is hereby deleted in its entirety as follows (words to be deleted are stricken through): License Category License Fee C. Contractor, subcontractor or tradesman C $50.00 required to be « isteFed ..;rl, the Ct.,to of c-01..«ade ptirsuan! to seetk ffl 42 2-1 7 f1S f D C Section 2. Chapter 5.20 is hereby amended by the addition of a new Section 5.20.070 to read as follows: Section 5.20.070. Registration by electrical contractors required. Any electrical contractor performing electrical work in the Town shall be required to register with the Town before performing any such work and shall provide a copy of his or her State electrician's license to the Town. For the purposes of this Section, "electrical contractor" shall have the same meaning as in C.R.S. § 12-23-101, et seg., as amended from time to time. Section 3. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of , 2014. ATTEST: ES7O�!F ' o s ,/o ~.'' .. 0 c0U�V7`l�, C, 45C a Medina, Town Clerk N TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor 4076116 Pages: 1 of 7 01/16/2015 10:26 AM R Fee:$41.00 Carly Koppes, Clerk and Retarder, Weld County, Co ORDINANCE NO. IB5 3 AN EMERGENCY ORDINANCE DISCONNECTING FROM THE TOWN OF FIRESTONE, COLORADO, CERTAIN PROPERTY CONSISTING OF A PORTION OF WELD COUNTY ROAD 13 (COLORADO BOULEVARD) RIGHT-OF-WAY AND REPEALING ORDINANCE NO.851 WHEREAS, there has been filed with the Town of Firestone (the "Town") pursuant to C.R.S. § 31-12-501, an application to disconnect certain real property from the corporate boundaries of the Town; and WHEREAS, the property subject to the application to disconnect consists of approximately .052 acres of Weld County Road 13 (Colorado Boulevard) and is described and depicted more particularly in Exhibit A attached hereto; and WHEREAS, pursuant to C.R.S. § 31-12-501, the Board of Trustees has given due consideration to the petition and proposed disconnection of the Property from the Town; and WHEREAS, the Board of Trustees finds and determines that the best interests of the Town and its citizens will not be prejudiced by the disconnection of the Property from the Town; and WHEREAS, the Board of Trustees finds adoption of this ordinance and disconnection of the right-of-way was set forth herein is necessary to the immediate preservation of the public health and safety of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to C.R.S. § 31-12-501, that certain real property described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"), is hereby disconnected from the Town of Firestone, Colorado, and is excluded from the corporate boundaries of the Town. Section 2. The disconnected Property shall not be exempt from the payment of any taxes lawfully assessed against it, if applicable, as provided in C.R.S. § 31-12-502 and shall be subject to any exercise by the Town of its rights under C.R.S. § 31-12-503. Section 3. The Town Clerk shall file two certified copies of this ordinance in the office of the Weld County Clerk and Recorder, and shall take such other actions as are necessary under C.R.S. § 31-12-501 to effect the disconnection of the Property. Section 4. The Board of Trustees herewith finds, determines and declares that this ordinance is genuinely and urgently necessary for the immediate preservation of the public health, safety and welfare in order to disconnect the right -of -.way as requested in the disconnection petition. 4076116 Pages: 2 of 7 01/16/2015 10:26 AM R Fee:$41.00 Carly Koppes, Clerk and Recorder; Weld County, CO mill.�K1�i`I'U4'n`111�1�� 1I I1 1 Therefore, the Board of Trustees herewith further finds, determines and declares that it is necessary for this ordinance to take effect immediately upon adoption, provided the same has been adopted and signed by the Mayor and approved by three -fourths of the entire Board of Trustees. Section 5. Ordinance No. 851 is hereby repealed. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 9 h day of November, 2014. F�R TOWN j SEAL 1 o o% {� 01-0 ATTEST: (JNry, . C Ca 'ssa Medina, Town Clerk 1113/2014 6:01 PM [kmk] R;1Fir(%ton600inaft"VWCR 13 Discnnne i,ord (e).docx TOWN OF FIRESTONE, COLORADO �Q&U2'� Paul Sorensen, Mayor OA 4076116 Pages: 3 of 7 01/16/2015 10:26 AM R Fee'$41.00 Carly Koppes, Clerk and Recorder, Weld County, 00 1111 WMAiWOI9, hq6' I'M I'VA11 C lu 60JUtiI-A 11 il1 EXHIBIT A Legal Description of the Property A ONE -FOOT WIDE STRIP OF LAND LYING WITHIN THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 2 NORTH, RANGE 68 WEST, THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST, THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 67 WEST AND THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 1, BEING MONUMENTED BY A 2-1/2" ALUMINUM CAP STAMPED "PLS 24307" IN A MONUMENT BOX WHENCE THE NORTHEAST CORNER OF SAID SECTION 1 BEING MONUMENTED BY A 2-1/2" ALUMINUM CAP STAMPED "GREENHORNE & OM PLS 28656 1993" IN A MONUMENT BOX BEARS NORTH 00°15147" WEST, A DISTANCE OF 2,661.30 FEET WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1, SOUTH 88026'58" WEST, A DISTANCE OF 0.50 FEET TO A LINE PARALLEL WITH AND 0.50 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 1; THENCE DEPARTING SAID SOUTH LINE, ALONG SAID PARALLEL LINE NORTH 00°15'47" WEST, A DISTANCE OF 2661.29 FEET TO A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 1 AND A POINT ON A LINE PARALLEL WITH AND 0.50 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE ALONG SAID PARALLEL LINE, NORTH 00014'07" WEST, A DISTANCE OF 30.02 FEET TO A LINE PARALLEL AND 30.00 NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG SAID PARALLEL LINE, SOUTH 89052'20" EAST, A DISTANCE OF 1.00 FEET TO A LINE PARALLEL WITH AND 0.50 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG SAID PARALLEL LINE, SOUTH 00014'07" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6 AND A POINT ON A LINE PARALLEL WITH AND 0.50 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM OF THE WEST LINE OF NORTHWEST QUARTER OF SAID SECTION 6; THENCE ALONG SAID PARALLEL LINE, SOUTH 00015'47" EAST, A DISTANCE OF 2661.31 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6; THENCE DEPARTING SAID PARALLEL LINE, ALONG SAID SOUTH LINE, NORTH 88-01'01" WEST, A DISTANCE OF 0.50 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 0,062 ACRE (2,691 SQUARE FEET), MORE OR LESS I I I I I ZO n m o z m Z W m g o -� O a M Lo v C p CN b n4 z a m v z In0 Rti K a o > y s a ti z H Z$ co r Om PK O � w m C, n �. 3 v I � t� _q Z 00 L, . Jm N # 4 cl o ¢ m p Ln 6 C vZi I I.E. 0 � Ic r A N Z � rn mLn Z a $ �1 WPM Z At h oOD � -0 onoo C o m Q m m cnRp p Z I N �$ 0 3 Z 8 S -9 ;o m rri t 0r 0 o Xnv r0pD m�-,_ cnm71z In c n U U) N00'15'47"W 2661.29' Oo'15'47"W 2661.30' S00'15'47"E 2661.31' EAST LINE NE 1/4 SECTION 1 (BASIS OF BEARINGS) — oo��N / 00 EA o ILLUSTRATION TO EXHIBIT A RfCOPERED 1-114-RED RASAC CAP STA,lI U IS X462' aL UAL NARRANTY DEED REC NO.. 918581 PWR N0. WJ01000010 NE 1 /4, SEC. 1, T2N, R68W SEE SHEET 4 0 M (O c0 04 a �n r 0 0 z r z O F LJ In d' Ld z w z w RfCOP ED 1-114- RED J RASW CAP STAMPED 2S 30482' CV _ Irj GYllaNM DEE11 CV N REG NO..07964 PAhM NO.. 1,31,01100065 3 W L0 In PARCEL CONTAINS o 2,691 (SQ.FT.) z 0 in 0.062 ACRES MORE OR LESS 60' WE A?aQPIPRVF PARCQ NO IJIJ01M0009 R aYT-cr-NAY TRACT A BL" 1 MINc4 PLAT cF R"S FARM fTRST SUBDIWYCW REC N0. 299JI65 PAM N0. IJ1106201003 *O'MWRWT--LO- NAY REC N0. 299JI65 20' SfWR EASEMENT REC. NO 2993165 LAST OIANCE 9MV NW 1 /4, 1 SEC. 6, T2N, R67W I F CIO PIPELINE EA.SEb10T If REC. NO 1602118 1 I 1.00 \ � BROOKS FARM ANNEXATIONS / /> 0 50 100 = TO THE TOWN OF FIRESTONE 1 Inch = 100 Feet REC. NO. 2857771 TYP. �i SEE SHEET 2 NOTE, THIS DRAYNNG DOES NOT REPRESENT A FIELD MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. PAN' w:s4fi74-43\0wc\ DWG NAME: 300EestMi.—[Ale, Suhe� DISCONNECTION ORDINANCE ` DWG: TPEALL CHK: DSB `//i.l 1��y' i.tmetan,Coto�dn eotz: WELD COUNTY ROAD 13 �T Phone; (303)713-1898 DATE: 2014--09-26 CONSULTANTS, INC. Fox: (303)713-1897 T0} OF FIRESTONE, COLORADO SCALE: 1" = 1 O0' DISCONNECTION ORDINANCE IMIAP.DWG w.�tcccaAsultnn�s.rnm uuuocta raasw_d: : c _.__ LLUSTRATION TO EXHIBIT A BROOKS FARM ANNEXATIONS TO THE TOWN OF FIRESTONE REC. NO. 2857771 TYP. LOT B RECQWaT 6 EMP710V N0. 131.J--01-1 RE18M REC NQ 2511541 PAP6E NO. IJIJOI100052 NE 1/4, SEC. 1, T2N, R68W o' w 100 1 Inch = 100 Feet SEE SHEET 5 r1.00 N 1rj r r ca pp co �p 04N 3 w It Z i� L r � Z W M W N to N 3 W Z Lo LJ Z O J O Z to Q W TRACT.4 &OQY 1 MIND? PLAT OF BW05 FARM FIRST SNB ;fS W REC NQ 299JI65 PARCEL N0. W10620100 20' SEWER EkTMENT REC. NO 299,T165 2l1' INDE R/d'IT--cF WAY REC NO 290165 60' N1DE AZMWPNW R/GI.1T-LT WAY PARCEL CONTAINS 2,691 (SQ.FT.) 0.062 ACRES MORE OR LESS NW 1/4, SEC. 6, T2N, R67W SEE SHEET 3 NOTE: THIS DRAWING DOES NOT REPRESENT A FIELD MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION DING V NAME: \s4a14-43\D5MG'13o0East Mineral Ave' DING DISCONNECTION ORDINANCE Suite 1 DWG: TPEALL cNK: DSB A��Z�LEttle:(303)13-1880122 WELD COUNTY ROAD 13 L� J�Pholet.., 3)713-1898 DAlE: 2014-09-26 NSULTANTS, INC. Fax:(303)7t3-1697 TOWN OF FIRESTONE, COLORADO w.aztrcconsuEtants.com SCALE: 1" = loo, DISCONNECTION ORDINANCE MAP.DWO ww m wrn am 6ueta—L: A c T. LLUSTRATION TO EXHIBIT A SE 1/4, SEC. 36, T3N, R68W o RECOWRLD 1-1/4` YELOW REG NO. 3246436 � PLASDC CAP STAMPED W ILLEC.E ,SiWY1y4V E0PAaV NQ 5E-734 a REC Na MAY TRACT A \ 30' WIDE PRESMP77 PARCH Na 1209JI00a�8 ft7JCAN w RIGYT-ty-mr 9VOFZSP.U.D - �..� cn A PLANNED O W I 20' W10E R1GYIT-OF-WRY W4TER,0fW2aWM7' L) z — RE5ERVA710N - RNAL PLAT REG NO.. 2661938 / REG a N. 3246438 a < S89'52'20"E SW 1/4, PARCEL N0. 120%i6401028 W T3N, R67W SEC. 31, �-- 1.00' N00'14'07"W 40' IFIDE R/GYT-a<WAY 30. 02' ! 50' 00 PIPELINE EASEMENT REC NO..T246436 REC. NO,, 1599527 WELD COUNTY ROAD 26 . S00'14'07"E (70' WIDE PUBLIC RIGHT OF -WAY)_ 3n_oja!_ _ WELDCO. 0_ 2 S88'11'57"W 2627.09' 5895220"E 2503.05' (6a� WIDE PUBLIC RIGHT-OF-WAY) NORTH LINE NE 1 4 SECTION 1 NORTH LINE NW 1/4 SECTION 6 3D' W 9f PRES0?IP77W NE CORNER mom 1, 1.00' 1,01 RIGYT 6F WAr LOV, R68W., 67Y P.M. TAP d m m RECOVI` M 2-1/2` ALIN. CAP � 1 cor 1 BLO(af' 1 x rn rn STAMPED `G?EFNHaPNE 6W PLS cV r j 5".5' MINOR PLAT Of S 28S,9s 199 r o N � cD FARM fl PST .9llSY1/19.9'A11 'am °1 to REC Na 2993I65 PARaZ NO 131106201001 m NE 1/4, 3 Li.I �mw SEC. 1, 73Ma T2N, R68W -��, ; I NW 1/4, 20' SWR EASEMENT r SEC. S f A -4 RECa?OLLDTEXENPnav Z � � REC. N0. 2993165 T2 N, R6 7W ° ,n o Na 131,- 01-1-RE7852 m ~' REC Na 2511541 E p v PARM NO.. 131301100052 F - (m "? L) TRACT A, LE00(1 E"uLLI V) MW I P PLAT Or GPOAYS --�+ o BROOKS FARM ANNEXATIONS N EARN fTRST SlYLSyaV i/////////. = TO THE TOWN OF FIRESTONE 3 \ REG Na 29YJ165 5< REC. NO. 2857771 TYP. w PARLLI NO 13110820100J IE 2 L -a- W PARCEL CONTAINS o -j 20' lyypERlpIT a{ WAY r 2,691 (SQ.FT.) Z ( REG Na 2MI65 0.062 ACRES W MORE OR LESS 1.00'/ su'WEf4P3mpRtf 0' 25 50 100 4C WA 1 Inch = 100 Feet SEE SHEET 4 NOTE: THIS DRAWING DOES NOT REPRESENT A FIELD MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. PATH. µ\„-\DS DISCONNECTION ORDINANCE 300 Eayt Miners] Ave, DWG NAME: Q��--t� Suite I DWG: TPEALL CHK: DSB Lill iem,COl—du 801$2 WELD COUNTY ROAD 13 Phan(. (3U3)713-1898 DATE: 2014-09-26 CONSULTANTS, INC.EC -:.aztwc&ii197 TOWN OF FIRESTONE, COLORADO w.aztceca n su ltnnts.com SCALE: 1" = 100' DISCONNECTION ORDINANCE MAP.DWG _m u-0M cwn4d_w: __ __ 4076117 Pages: 1 of 6 01/16/2015 10:26 AM R Fee:$36.00 Carly Koppes: Clerk and Recorder, Weld County, CO Mill ORDINANCE NO.�" AN EMERGENCY ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE FIRESTONE NORTH ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Firestone North Annexation and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on November 9, 2014 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published October 9, 16, 23 and 30, 2014 in the Denver Post; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation in accordance with the applicable laws of the State of Colorado, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of C.R.S. §§ 31-12-107(1)(g),-110(2) or 112, C.R.S.; and WHEREAS, the Board of Trustees finds adoption of this ordinance and annexation of the Firestone North property is necessary to the immediate preservation of the public health and safety of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO- Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Firestone North Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. Section 3. The Board of Trustees herewith finds, determines and declares that this ordinance is genuinely and urgently necessary for the immediate preservation of the public health, safety and welfare in order to provide the Town and its residents and taxpayers increased economic development opportunities afforded by expansion of the Town's municipal limits to include the property as requested in the annexation petition. Therefore, the Board of Trustees herewith further finds, determines and declares that it is necessary for this ordinance to take effect immediately upon adoption, provided the same has been adopted and signed by the Mayor and approved by three - fourths of the entire Board of Trustees. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 91" day of November, 2014. TOWN OF FIRESTONE, COLORADO )SSCY-LA-- Paul Sorensen, ayor ATTEST: (� j J� sa Medina, Town Clerk 11/3/2014 5:13 PM [kmk] R:TimsionelAnnexatimTire tune Nortb\Ord (e)Am 4076117 Pages: 2 of 6 01/16/2015 10:26 AM R Fee:$36.00 Carly KOppes, Clerk and Recorder, Weld County, Co ■illNPOr" �t' �Yr1f��'�L'�I�l '4fl.R4,1IIII 2 4076117 Pages: 3 of 6 01/16/2015 10:26 AM R Fee:$36.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 kFAi KAWA,1 eft"I"14. 11111 EXHIBIT A - LEGAL DESCRIPTION A PARCEL OF LAND LYING WITHIN THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 2 NORTH, RANGE 68 WEST, THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST, THE EAST HALF OF SECTIONS 25 AND 36, TOWNSHIP 3 NORTH, RANGE 68 WEST AND THE WEST HALF OF SECTIONS 30 AND 31, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 1, BEING MONUMENTED BY A 2-112" ALUMINUM CAP STAMPED "PLS 24307" IN A MONUMENT BOX WHENCE THE NORTHEAST CORNER OF SAID SECTION 1 BEING MONUMENTED BY A 2- 112" ALUMINUM CAP STAMPED "GREENHORNE & OM PLS 28656 1993" IN A MONUMENT BOX BEARS NORTH 00-15'47" WEST, A DISTANCE OF 2,661.30 FEET WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1, SOUTH 88026'58" WEST, A DISTANCE OF 0.50 FEET TO A LINE PARALLEL WITH AND 0.50 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 1; THENCE DEPARTING SAID SOUTH LINE, ALONG SAID PARALLEL LINE NORTH 00°15'47" WEST, A DISTANCE OF 2,661.29 FEET TO A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 1 AND A POINT ON A LINE PARALLEL WITH AND 0.50 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE ALONG SAID PARALLEL LINE, NORTH 00°14'07" WEST, A DISTANCE OF 30.02 FEET TO A LINE PARALLEL AND 30.00 NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG SAID PARALLEL LINE, NORTH 89-52-20" WEST, A DISTANCE OF 29.52 FEET TO A POINT ON A LINE PARALLEL WITH AND 30.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1; THENCE ALONG SAID PARALLEL LINE, SOUTH 00-15-47" EAST, A DISTANCE OF 61.02 FEET TO A POINT ON THE SOUTHERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 26; THENCE ALONG SAID SOUTHERLY PRESCRIPTIVE RIGHT-OF-WAY SOUTH 88'111'57" WEST, A DISTANCE OF 35.03 FEET TO A POINT ON THE SOUTHERLY PROJECTION OF THE WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AS DEDICATED ON THE PLAT OF PELICAN SHORES P.U.D. AS RECORDED UNDER RECEPTION NO. 3246436 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE ALONG SAID SOUTHERLY PROJECTION AND SAID WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 13 THE FOLLOWING TEN (10) COURSES: 3 4076117 Pages: 4 of 6 01/15/2015 10:26 AM R Fee:$36.00 Carly Koppes, Clerk and Recorder, Weld County, Co 1. NORTH 00014'07" WEST, A DISTANCE OF 2,225.50 FEET; 2. NORTH 23009'41" WEST, A DISTANCE OF 46.93 FEET; 3. NORTH 00052'14" WEST, A DISTANCE OF 125.00 FEET; 4. NORTH 16056'46" WEST, A DISTANCE OF 85.91 FEET; 5. NORTH 89059'52" WEST, A DISTANCE OF 123.36 FEET; 6. NORTH 00014'10" WEST, A DISTANCE OF 175.44 FEET; 7. NORTH 80051'18" EAST, A DISTANCE OF 119.45 FEET; 8, NORTH 00014'04" WEST, A DISTANCE OF 223.33 FEET; 9. NORTH 43007'59" EAST, A DISTANCE OF 72.39 FEET; 10. NORTH 00014'15" WEST, A DISTANCE OF 1,060.71 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE ALONG SAID SOUTH LINE, NORTH 88°29'41" EAST, A DISTANCE OF 35.01 FEET TO A POINT ON THE WESTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AND A POINT ON A LINE PARALLEL WITH AND 30.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE ALONG SAID PARALLEL LINE AND SAID WESTERLY PRESCRIPTIVE RIGHT-OF- WAY, NORTH 00-14-22" WEST, A DISTANCE OF 1,325.58 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25 ON THE WESTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AND A POINT ON A LINE PARALLEL WITH AND 30.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE ALONG SAID PARALLEL LINE AND SAID WESTERLY PRESCRIPTIVE RIGHT-OF- WAY, NORTH 00-25'49" WEST, A DISTANCE OF 972.15 FEET; THENCE DEPARTING SAID PARALLEL LINE AND SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY, SOUTH 89-34-11" WEST, A DISTANCE OF 1,800.00 FEET; THENCE NORTH 00025'49" WEST, A DISTANCE OF 540.00 FEET; THENCE NORTH 89034" 1" EAST, A DISTANCE OF 1,800.00 FEET TO A POINT ON SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY AND A POINT ON A LINE PARALLEL WITH AND 30.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE ALONG SAID PARALLEL LINE AND SAID WESTERLY PRESCRIPTIVE RIGHT-OF- 4 4076117 Pages: 5 of 6 01/16/2015 10:26 AM R Fee:$36.00 Carly Koppes: Clerk and Recorder, Weld County. CO mill FIP. RNr'I:MI.10111 kl A' MIJIMP.I&I'm L� N14,1I II1 WAY NORTH 00025'49" WEST, A DISTANCE OF 1,141.80 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 25 ON THE WESTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AND A POINT ON A LINE PARALLEL WITH AND 30.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE ALONG SAID PARALLEL LINE AND SAID WESTERLY PRESCRIPTIVE RIGHT-OF- WAY, NORTH 00°19'19" WEST, A DISTANCE OF 2,555.65 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 66 AS DESCRIBED IN BOOK 1491 AT PAGE 511; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY, NORTH 89059'28" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 AND A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 66; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89052'43" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY PRESCRIPTIVE RIGHT-OF- WAY OF COUNTY ROAD 13 AND A LINE PARALLEL WITH AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE ALONG SAID PARALLEL LINE AND SAID WESTERLY PRESCRIPTIVE RIGHT-OF- WAY, SOUTH 00°19'19" EAST, A DISTANCE OF 2,555.41 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30 ON THE EASTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AND A POINT ON A LINE PARALLEL WITH AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 30; THENCE ALONG SAID PARALLEL LINE AND SAID EASTERLY PRESCRIPTIVE RIGHT-OF- WAY, SOUTH 00-25-49" EAST, A DISTANCE OF 2,653.71 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 30 ON THE EASTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AND A POINT ON A LINE PARALLEL WITH AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG SAID PARALLEL LINE AND SAID WESTERLY PRESCRIPTIVE RIGHT-OF- WAY, SOUTH 00014'22" EAST, A DISTANCE OF 1,325.08 FEET TO A POINT ON THE EASTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AND A POINT ON A LINE PARALLEL WITH AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG SAID PARALLEL LINE AND SAID EASTERLY PRESCRIPTIVE RIGHT-OF- WAY, SOUTH 00°14'15" EAST, A DISTANCE OF 746.70 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD AS DESCRIBED UNDER RECEPTION NO. 3008094, IN SAID RECORDS; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY THE FOLLOWING TEN (10) COURSES: 4076117 Pages: 6 of 6 01/16/2015 10:26 AM R Fee:$36.00 Carly Koppes, Clerk and Recorder, Weld County, CC 101KRIKIWAAGIIIIIIIIIA4. milli 1. NORTH 89045'45" EAST, A DISTANCE OF 10.00 FEET; 2. SOUTH 00014'15" EAST, A DISTANCE OF 264.01 FEET; 3. SOUTH 09009'58" EAST, A DISTANCE OF 166.39 FEET; 4. SOUTH 48059'54" EAST, A DISTANCE OF 61.70 FEET; 5. SOUTH 03"58'52" EAST, A DISTANCE OF 346.12 FEET; 6. SOUTH 52000'21" WEST, A DISTANCE OF 82.00 FEET; 7. SOUTH 00014'07" EAST, A DISTANCE OF 224.84 FEET; 8. SOUTH 89045'53" WEST, A DISTANCE OF 20.00 FEET; 9. SOUTH 00014'07" EAST, A DISTANCE OF 220.49 FEET; 10. SOUTH 89045'53" WEST, A DISTANCE OF 20.00 FEET TO A POINT ON THE EASTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AND A POINT ON A LINE PARALLEL WITH AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG SAID PARALLEL LINE AND SAID EASTERLY PRESCRIPTIVE RIGHT-OF- WAY, SOUTH 00014'07" EAST, A DISTANCE OF 1,890.27 FEET TO A LINE PARALLEL AND 30.00 NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG SAID PARALLEL LINE, NORTH 89052'20" VILEST, A DISTANCE OF 29.50 FEET TO A LINE PARALLEL WITH AND 0.50 EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG SAID PARALLEL LINE, SOUTH 00°14'07" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6 ON A LINE PARALLEL WITH AND 0.50 EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6; THENCE ALONG SAID PARALLEL LINE, SOUTH 00015'47" EAST, A DISTANCE OF 2,661.31 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6; THENCE ALONG SAID SOUTH LINE, NORTH 88°01'01" WEST, A DISTANCE OF 0.50 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 42.499 ACRES, (1,851,262 SQUARE FEET), MORE OR LESS. AI 4076120 Pages: 1 of 6 01/16/2015 10:26 AM R Fee:$36.00 Carly Kappes, Clerk and Recorder: Weld County, CO BIII FrAi Loll 1W10-16:l!h11114 4 M IP, tMN,14), tl II f ORDINANCE NO. BOSS AN EMERGENCY ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE FIRESTONE NORTH ANNEXATION, AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY WHEREAS, a petition for annexation of certain property, annexed to the Town as the Firestone North Annexation was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, concurrent with such petition, an application was filed with the Town for approval of a zoning request and Outline Development Plan for such property; and WHEREAS, the property was annexed to the Town by ordinance and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property has requested a Planned Unit Development zoning classification with Residential B (PUD R-B) land uses and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification requested is consistent with the Town's plan for the area encompassed by the Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation on the zoning request and Outline Development Plan to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305; and WHEREAS, the Board of Trustees finds adoption of this ordinance and annexation of the Firestone North property is necessary to the immediate preservation of the public health and safety of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO: Section 1. That certain property known as the Firestone North Annexation, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof (the 1 4076120 Pages: 2 of 6 01/16/2015 10:26 AM R Fee:$36.00 Carly Koppes: Clerk and Recorder, Weld County, CO Sill PAT FJ 10W OMI1 D9 ij119111M.14N�A.111111 "Property"), is hereby zoned Planned Unit Development Residential B (PUD R-B) as shown on the Outline Development Plan, pursuant to the zoning ordinances of the Town and subject to and in accordance with the Firestone North Outline Development Plan approved by the Board of Trustees, as noted below, and which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. Section 2, The Board of Trustees hereby approves the Firestone North Outline Development Plan. Section 3. The Board of Trustees herewith finds, determines and declares that this ordinance is genuinely and urgently necessary for the immediate preservation of the public health, safety and welfare in order to provide the Town and its residents and taxpayers increased economic development opportunities afforded by the land uses shown in the Firestone North Outline Development Plan. Therefore, the Board of Trustees herewith further finds, determines and declares that it is necessary for this ordinance to take effect immediately upon adoption, provided the same has been adopted and signed by the Mayor and approved by three -fourths of the entire Board of Trustees. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 91h day of November, 2014. STONF i r T10 QWN L in ATTEST: r0�, `O� h °UNT`l, G arissa Medina, Town Clerk I I!3/2014 5:37 PM [kmk] RdTireslonelAnnexalicn\Firestone NmWZoning Ord (e).doc OA TOWN OF FIRESTONE, COLOR -ADO T)SI: ��� Paul Sorensen, Mayor 4076120 Pages: 3 of 6 01/16/2015 10:26 AP1 R Fee:$36.00 Carly Koppes, Clerk and Recorder, Weld County, CO ���.r�Y�,f'E�� OF11���, � � rh�lk� W 01Ylrr EXHIBIT A - LEGAL DESCRIPTION Firestone North Zoning and Outline Development Plan A PARCEL OF LAND LYING WITHIN THE NORTHEAST QUARTER OF SECTION 1 TOWNSHIP 2 NORTH, RANGE 68 WEST, THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST, THE EAST HALF OF SECTIONS 25 AND 36, TOWNSHIP 3 NORTH, RANGE 68 WEST AND THE WEST HALF OF SECTIONS 30 AND 31, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 1, BEING MONUMENTED BY A 2-1/2" ALUMINUM CAP STAMPED "PLS 24307" IN A MONUMENT BOX WHENCE THE NORTHEAST CORNER OF SAID SECTION 1 BEING MONUMENTED BY A 2- 1/2" ALUMINUM CAP STAMPED "GREENHORNE & OM PLS 28656 1993" IN A MONUMENT BOX BEARS NORTH 00015'47" WEST, A DISTANCE OF 2,661.30 FEET WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1, SOUTH 88026'58" WEST, A DISTANCE OF 0.50 FEET TO A LINE PARALLEL WITH AND 0.50 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 1; THENCE DEPARTING SAID SOUTH LINE, ALONG SAID PARALLEL LINE NORTH 00015'47" WEST, A DISTANCE OF 2,661.29 FEET TO A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 1 AND A POINT ON A LINE PARALLEL WITH AND 0.50 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE ALONG SAID PARALLEL LINE, NORTH 00°14'07" WEST, A DISTANCE OF 30.02 FEET TO A LINE PARALLEL AND 30.00 NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG SAID PARALLEL LINE, NORTH 89052'20" WEST, A DISTANCE OF 29.52 FEET TO A POINT ON A LINE PARALLEL WITH AND 30.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1; THENCE ALONG SAID PARALLEL LINE, SOUTH 00-15-47" EAST, A DISTANCE OF 61.02 FEET TO A POINT ON THE SOUTHERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 26; THENCE ALONG SAID SOUTHERLY PRESCRIPTIVE RIGHT-OF-WAY SOUTH 88011,571, WEST, A DISTANCE OF 35.03 FEET TO A POINT ON THE SOUTHERLY PROJECTION OF THE WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AS DEDICATED ON THE PLAT OF PELICAN SHORES P.U.D. AS RECORDED UNDER RECEPTION NO. 3246436 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER'S OFFICE; 3 4076120 Pages: 4 of 6 01/16/2015 10:26 AM R Fee:$36.00 Carly Koppes, Clerk and Recorder, Weld County, CO Vim 9XV P1,11 rr &I11I II1 THENCE ALONG SAID SOUTHERLY PROJECTION AND SAID WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 13 THE FOLLOWING TEN (10) COURSES: 1. NORTH 00°14'07" WEST, A DISTANCE OF 2,225.50 FEET; 2. NORTH 23009'41" WEST, A DISTANCE OF 46.93 FEET; 3. NORTH 00052'14" WEST, A DISTANCE OF 125.00 FEET; 4. NORTH 16056'46" WEST, A DISTANCE OF 85.91 FEET; 5, NORTH 89059'52" WEST, A DISTANCE OF 123.36 FEET; 6. NORTH 00014'10" WEST, A DISTANCE OF 175.44 FEET; 7. NORTH 80051'18" EAST, A DISTANCE OF 119.45 FEET; 8. NORTH 00014'04" WEST, A DISTANCE OF 223.33 FEET; 9. NORTH 43007'59" EAST, A DISTANCE OF 72.39 FEET; 10. NORTH 00014'15" WEST, A DISTANCE OF 1,060.71 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE ALONG SAID SOUTH LINE, NORTH 88029'41" EAST, A DISTANCE OF 35.01 FEET TO A POINT ON THE WESTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AND A POINT ON A LINE PARALLEL WITH AND 30.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE ALONG SAID PARALLEL LINE AND SAID WESTERLY PRESCRIPTIVE RIGHT-OF- WAY, NORTH 00-14-22" WEST, A DISTANCE OF 1,325.58 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25 ON THE WESTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AND A POINT ON A LINE PARALLEL WITH AND 30.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE ALONG SAID PARALLEL LINE AND SAID WESTERLY PRESCRIPTIVE RIGHT-OF- WAY, NORTH 00-25-49" WEST, A DISTANCE OF 972.15 FEET; THENCE DEPARTING SAID PARALLEL LINE AND SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY, SOUTH 89-34'11" WEST, A DISTANCE OF 1,800.00 FEET; THENCE NORTH 00025'49" WEST, A DISTANCE OF 540.00 FEET; THENCE NORTH 89034'11" EAST, A DISTANCE OF 1,800.00 FEET TO A POINT ON SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY AND A POINT ON A LINE PARALLEL WITH AND 30.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25; 4 4076120 Pages: 5 of 6 01/16/2015 10:26 AM R Fee:$36.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill wIIAl1I` E05ftliji'Vi U111C pffiI'If N"1411111 THENCE ALONG SAID PARALLEL LINE AND SAID WESTERLY PRESCRIPTIVE RIGHT-OF- WAY NORTH 00025'49" WEST, A DISTANCE OF 1,141.80 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 25 ON THE WESTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AND A POINT ON A LINE PARALLEL WITH AND 30.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE ALONG SAID PARALLEL LINE AND SAID WESTERLY PRESCRIPTIVE RIGHT-OF- WAY, NORTH 00019'19" WEST, A DISTANCE OF 2,555.65 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 66 AS DESCRIBED IN BOOK 1491 AT PAGE 511; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY, NORTH 89°59'28" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 AND A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 66; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89°52'43" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY PRESCRIPTIVE RIGHT-OF- WAY OF COUNTY ROAD 13 AND A LINE PARALLEL WITH AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE ALONG SAID PARALLEL LINE AND SAID WESTERLY PRESCRIPTIVE RIGHT-OF- WAY, SOUTH 00019'19" EAST, A DISTANCE OF 2,555.41 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30 ON THE EASTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AND A POINT ON A LINE PARALLEL WITH AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 30; THENCE ALONG SAID PARALLEL LINE AND SAID EASTERLY PRESCRIPTIVE RIGHT-OF- WAY, SOUTH 00025'49" EAST, A DISTANCE OF 2,653.71 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 30 ON THE EASTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AND A POINT ON A LINE PARALLEL WITH AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG SAID PARALLEL LINE AND SAID WESTERLY PRESCRIPTIVE RIGHT-OF- WAY, SOUTH 00014'22" EAST, A DISTANCE OF 1,325.08 FEET TO A POINT ON THE EASTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AND A POINT ON A LINE PARALLEL WITH AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG SAID PARALLEL LINE AND SAID EASTERLY PRESCRIPTIVE RIGHT-OF- WAY, SOUTH 00°14'15" EAST, A DISTANCE OF 746.70 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD AS DESCRIBED UNDER 4076120 Pages: 6 of 6 01/16/2015 10:26 AM R Fee:$36.00 Carly Koppes, Clerk and Recorder, Weld County: CO Bill wAdly:41111W All $ MUNIA X.M. M: hell 11111 RECEPTION NO. 3008094, IN SAID RECORDS; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY THE FOLLOWING TEN (10) COURSES: 1. NORTH 89045'45" EAST, A DISTANCE OF 10.00 FEET; 2. SOUTH 00014'15" EAST, A DISTANCE OF 264.01 FEET; 3. SOUTH 09009'58" EAST, A DISTANCE OF 166.39 FEET; 4. SOUTH 48"59'54" EAST, A DISTANCE OF 61.70 FEET; 5. SOUTH 03058'52" EAST, A DISTANCE OF 346.12 FEET; 6. SOUTH 52000'21" WEST, A DISTANCE OF 82.00 FEET; 7, SOUTH 00014'07" EAST, A DISTANCE OF 224.84 FEET; 8. SOUTH 89045'53" WEST, A DISTANCE OF 20.00 FEET; 9. SOUTH 00014'07" EAST, A DISTANCE OF 220.49 FEET; 10. SOUTH 89045'53" WEST, A DISTANCE OF 20.00 FEET TO A POINT ON THE EASTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AND A POINT ON A LINE PARALLEL WITH AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG SAID PARALLEL LINE AND SAID EASTERLY PRESCRIPTIVE RIGHT-OF- WAY, SOUTH 00°14'07" EAST, A DISTANCE OF 1,890.27 FEET TO A LINE PARALLEL AND 30.00 NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG SAID PARALLEL LINE, NORTH 89°52'20" WEST, A DISTANCE OF 29.50 FEET TO A LINE PARALLEL WITH AND 0.50 EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG SAID PARALLEL LINE, SOUTH 00°14'07" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6 ON A LINE PARALLEL WITH AND 0.50 EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6; THENCE ALONG SAID PARALLEL LINE, SOUTH 00°15'47" EAST, A DISTANCE OF 2,661.31 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6; THENCE ALONG SAID SOUTH LINE, NORTH 88°01'01" WEST, A DISTANCE OF 0.50 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 42.499 ACRES, (1,851,262 SQUARE FEET), MORE OR LESS. 6 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3.20 OF THE FIRESTONE MUNICIPAL CODE CONCERNING RESIDENTIAL DEVELOPMENT IMPACT FEES AND FUNDS WHEREAS, pursuant to state law, including but not limited to C.R.S. §29-20-101 et sec ., and as a condition of issuance of a development permit, the Town has the authority to impose an impact fee or other similar development charge to fund expenditures by the Town on capital facilities needed to serve new development; and WHEREAS, the Board of Trustees previously adopted Chapter 3.20 of the Firestone Municipal Code to establish impact fees to be paid by new residential development and established provisions for the collection and expenditure of such impact fees; and WHEREAS, Section 3.20.100 of the Firestone Municipal Code requires periodic review of the Town's impact fees to ensure that: (1) the demand and cost assumptions underlying the impact fees are still valid; (2) the resulting impact fees do not exceed the actual costs of constructing capital facilities that are of the type for which the fees are paid and that are required to serve new impact -generating development; (3) the monies collected or to be collected in each impact fee trust account have been paid and are expected to be spent for capital facilities for which the fees were paid; and (4) the capital facilities for which the fees are to be used will benefit the development paying the fees; and WHEREAS, Town staff has undertaken a review of the Town's capital needs and impact fees as required by Section 3.20.100 of the Firestone Municipal Code by reassessing the Town's capital needs, updating cost estimates, and reviewing changes in development projections and impacts for the Town in order to determine the capital facilities needed to serve new development and the proportional costs of such facilities that may be charged to proposed development through impact fees, which review is summarized in the Impact Fee Update Memorandum and Impact Fee Calculations both dated October 20, 2014 (collectively referred to as the 2014 Revised Impact Fee Analysis) and accompanying this Ordinance; and WHEREAS, the Board of Trustees hereby confirms and establishes as Town standards the assumptions and service standards referenced and discussed in the 2014 Revised Impact Fee Analysis as part of the Town's current plans for future construction, improvement and expansion of the Town's capital facilities that are addressed by the impact fee system amended by this Ordinance; and WHEREAS, the .Board of Trustees finds the demand and cost assumptions underlying the Town's impact fees, and in particular, revisions to the Town's urban growth boundary, reassessment of the Town's capital needs, and increases in construction costs, warrant revisions to the Town's impact fees as set forth in the 2014 Revised Impact Fee Analysis; and WHEREAS, the Board of Trustees further finds the impact fees, as amended by this Ordinance, do not exceed the actual costs of constructing capital facilities that are of the type for which the fees are paid and that are required to serve new impact -generating development; of the 1 impact fee monies spent since adoption of Chapter 3.20 of the Firestone Municipal Code, such fees have only been spent for capital facilities for which such fees were paid; impact fee monies to be collected in the future are likewise expected to be spent only for capital facilities for which the fees were paid; such capital facilities that have been constructed with impact fee monies have benefited those developments that paid the fees; and future impact fee monies paid will fund capital facilities that will benefit those developments that paid the fees; and WHEREAS, the impact fees charged to new development pursuant to this Ordinance are legislatively adopted, generally applicable to all residential development of new dwelling units, and intended to defray the projected impacts on capital facilities caused by proposed development; and WHEREAS, the impact fees are no greater than necessary to defray the projected impacts directly related to proposed new development; and WHEREAS, this Ordinance creates a system under which impact fees shall not be used to remedy any deficiency in capital facilities existing on the effective date of this Ordinance and under which impact fees paid by new development will be used to finance or defray all or a portion of the costs incurred by the Town to construct, improve or expand capital facilities to serve new development in ways that benefit the development that paid each fee within a reasonable period of time after the fee is paid; and WHEREAS, Chapter 3.20 of the Firestone Municipal Code includes provisions to ensure that no individual landowner is required to provide any site -specific dedication or improvement to meet the same need for capital facilities for which the impact fees are imposed; and WHEREAS, the Board of Trustees by this Ordinance desires to amend Chapter 3.20 of the Firestone Municipal Code to establish new residential development impact fees; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 3.20.030.J. of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are str-isken through): 3.20.030 Definitions. J. "Impact fee analysis" means the 204414 Impact Fee Calculations and AkmerandH Impact Fee Update Memorandum, both prepared by town staff and dated Nevemoer21, 20420ctober 20, 2014, and all other additional materials prepared in connection with such analysis, memorandum and this chapter. Section 2. Section 3.20.040.C.2. of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are ): 2 3.20.040 Development impact fees imposed. C. Calculation of amount of impact fees. 2. Annual adjustment of fees to reflect effects of inflation. The impact fees shown in the impact fee schedule shall be adjusted annually to reflect the effects of inflation on those costs for capital facilities. Commencing on January 1, 2016 2$14, and on January 1 of each following year unless and until the fees in Appendix 3A are revised and replaced, each impact fee amount set forth in Appendix 3A shall be adjusted for inflation, based on the annual Construction Cost Index published by Engineering News Record. Such adjustments in the impact fees shall become effective immediately upon calculation by the town and shall not require additional action by the board of trustees to be effective. Section 3. Appendix 3A to Chapter 3.20, Impact Fee Schedule, is hereby amended to read as read as follows (words to be added are underlined; words to be deleted are stfieken thr-ough) Appendix 3A Impact Fee Schedule Categories and Total Fee for Each Residential Dwelling Unit Roadway Impact Fee $ 3,�5 $ 5,95896 Drainage Impact Fee 1,r306.500 1,306.50 Regional Parks Impact Fee 3,621.31 1,350.00 Municipal Facilities Impact Fee 1,811.59 1,811.59 Raw Water Irrigation Impact Fee 1,884.40 1,884.40 Total Impact Fee (per unit) $12,4'�5 $12,31„1.45 Section 4. Exhibit B to Chapter 3.20, Firestone Regional Transportation Network, is hereby replaced in its entirety with Exhibit B attached hereto, Firestone Regional Transportation Network. Section 5. If any portion of this Ordinance is held to be invalid for any reason, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Town Board of Trustees hereby declares that it would have passed this Ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 6. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7. All other ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 8. This Ordinance and the Impact Fees set forth herein shall take effect on January 1, 2015. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this � day of N0\(f M VU , 2014. ,-, _Sr�� TOW/ '%N +AL 1O =S f O Q' ATTEST: �OffQ pQ" a edina, Town Clerk 4 TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor EXHIBIT A 2014 REVISED IMPACT FEE ANALYSIS ASSUMPTIONS • The Firestone Impact Fees are only applied to residential development with no distinction between single and multi -family. The Impact Fees are discounted by the amount attributed to non- residential development. • The 2008 Growth Planning Area will continue to be used for determination of impact fees and is approximately 29 sections (29.3) or 18,750 acres. • The net area which excludes area that will not be either commercially or residentially developed (parks/open spaces, schools, existing development, etc... ) is approximately 14,500 acres (approximately 22.61 sections). • One section contains approximately 640 acres. • The net density of the Town at build -out of the 2008 growth boundary will be approximately 3.25 DU's per acre. The result is 2,080 DU's per section. The net density better reflects the ultimate build -out since land -use categories including commercial, parks, and schools will not develop with residential units. The 2011 Growth Planning Area has very similar residential densities. • Residential densities were assumed based on Section 16.0 of Firestone's Development Regulations. Ranges for each category are provided in the Development Regulations, so densities were roughly based on the ranges shown in the Development Regulations. • A density of 2 DU'slacre was assumed for the Residential -Low land -use category. • A density of 5 DU's/acre was assumed for the Residential -Medium land -use category. • A density of 10 DU's/acre was assumed for the Residential -High land -use category. • On average, one dwelling unit will have 2.70 residents. This is calculated as an area weighted average that assumes 3.07 people/DU in low and medium density developments, and assumes 1.5 people/DU for high density development. • At build -out of the 2008 Growth Planning Area the Town would have a population of approximately 122,500 and 45,000 DU's • Net acreage from the 2008 Growth Planning Area shows the ultimate land uses (which deducts parks/open space, schools, existing development, etc... ) in Firestone will break down as follows: • Total Commercial = 2,140 Ac. (15%) i. CIOF = 1,215 Ac. ii. IIOF = 925 Ac. • Residential = 12,330 Ac. (85%) • The Impact Fee charged to residential development will be 85% of the total calculated fee. The remaining 15% contribution from commercial development can be collected through some combination of property taxes (29% assessment for non-residential versus 10% for residential) and retail sales taxes. COLORADO CIVIL GROUP, INC. • 1413 W. 291 Street • Loveland, Colorado 80538 • 970-278-0029 0 REGIONAL TRANSPORTATION To ensure the Towns future regional transportation needs are met, all section lines (existing county roads) shall be designated as arterial streets, as well as Arbor Street/Jake Jabs Boulevard located one-half mile east of 1-25. This shall be defined as the Firestone regional transportation network. Firestone Boulevard, Frontier Street, and Locust Street will each be major arterial streets with R.O.W. widths of 120' while the other arterials will be standard arterials with 100' R.O.W. widths. Grant Avenue from Colorado Boulevard to Hart Park and Park Avenue at Central Park will each be modified collector streets with R.O.W. widths of 80'. In addition to the arterial street network, the impact fee will include costs of the interior roadways planned in Central Park, which is currently the only park in Firestone with a planned internal street network. The cost estimates prepared assumed that the entire width Of pavement would be constructed. This assumes that the existing 24' (typically) asphalt width on the old county roads is in a condition that is not worth salvaging. To determine the impact of any new DU on the Towns regional transportation network we distribute the cost of half of the arterials that bound a section amongst the estimated number of residential dwelling units in an average section. Rather than calculating that cost for each section independently we have formulated a weighted average of the costs that blends the costs of the major arterials, the standard arterials, the modified collectors and the Central Park streets. This assumption is valid given that a resident will benefit from the entire transportation network and not just the adjacent arterials. Based on the arterial designations mentioned above Firestone will have 15.0 miles of Major Arterial streets and 35.7 miles of Standard Arterial streets. Cost/Foot $/ft Total Len ft gth Major Arterial $1,0_32.86 79,200 Standard Arterial Grant Ave. Nbdified Collector $802.46 $548.35 188,496 3,168 Park _Ave. Wdified Collector School Dr Collector $692 63 $467.47 5,808 21640 Central Ave. Local Street $420.49 3,168 282,480 Length Weighted Ayerage = $854.54 Ift Each section is assumed to be bounded by 4 miles of arterial streets. Each section is responsible for the cost of the half of the street adjacent to them that is equal to 2 miles (10,560 ft) of weighted arterial street costs. That cost is then divided by projected residential density per section (2,080 DU'slsection) and then reduced (to 85%) to discount the non-residential development. The formula is then further modified by adding in a "constant" cost of $2,271.31. This amount is equal to a proposed reduction in the Regional Park impact fee and will be applied to the Regional Transportation impact fee to maintain the current total amount of impact fees charged by the Town. The purpose of the reallocation is to allow the Town to catch up on needed transportation capacity expansion resulting from development and traffic growth that triggered the needed improvements ahead of collection of revenues. Many of the projects that are currently underfunded were on the crux of being warranted as Colorado entered the last recession. The downturn in the economy slowed the number of housing starts in Firestone and transportation infrastructure capacity degraded at a faster rate than impact fee revenues could be collected. Regional Transportation Impact Fee = [(($854.541ft. x 10,560 ft.)12,080 DU's)*85%]+$2,271.31 = $5,958.961DU REGIONAL STORM DRAINAGE IMPROVEMENTS COLORADO CIVIL GROUP, INC. • 1413 W. 29" Street • Loveland, Colorado 80538 • 970-278-0029 The South Weld 1-25 Corridor Master Drainage Plan, Sump Basin Master Plan, and drainage improvements west of 1-25 were evaluated in determining the anticipated cost of infrastructure improvements. Since the South Weld 1-25 Corridor Master Drainage Plan was prepared in 2000, the anticipated costs were updated by increasing the infrastructure and design costs by 30% and by assuming $25,000/acre for property acquisition. Also, since portions of the Godding Hollow and Tri-Town drainage basins extend south into Frederick, the improvements outside of Firestone's Town limits were excluded in the cost analysis. This fee was calculated in two parts, the first being improvements that are identified in the various basin master plans to be funded over the buildout of the Town and second being the cost of the Godding and Tri-Town Basin Outfall project which will be funded over 10 years. The cost of the improvements is discounted by the current Regional Storm Drainage impact fee fund balance. The impact fee is reduced (to 85%) to discount the non- residential development. Total Cost of Master Planned Improvements = $43,753,075.50 Impact Fee Funds Already Collected = $784,400.00 Net Costs to be Funded = $42,968,675.50 Godding/Tri-Town Project Costs = $2,560,000.00 (10-yr Project) (to be funded in 10-years with projected 2,929 new DU's added from 2013-2022) Improvements to be funded at Buildout Buildout Projects Cost/Section = $40,408,675.50 (Buildout Projects) = $40,408,675.50129.3 Sections = $1,379,135.681section Impact Fee = 10-YR Projects + Buildout Projects = [(10-YR Costs + 10-YR DU's)+(Buildout Cost/Section + Net Density)1*85% = $1,306.501DU REGIONAL PARKS Parks projects to be funded with this impact fee include completion of the Sports Complex, completion of Central Park (excluding the internal streets, the raw water irrigation system improvements, and the Town Hall), a regional trail from Mountain Shadows Park to St. Wain State Park, a pedestrian bridge over the Tri-Town Basin Channel at Mountain Shadows Park, and a pedestrian bridge on the Firestone Trail adjacent to Old Town. These improvements are planned to be completed over the next 70 years. The impact fee is reduced (to 85%) to discount the non- residential development. The formula is further modified to include a constant "reduction" in the impact fee that adjusted to fee to fund only those improvements identified in the current 5-YR CIP in the timeframe identified. The Town has determined that due to a number of existing and potential opportunities, the master plan for Central Park needs to be updated. The update is expected to reduce many of the previously planned improvements and reduce the overall cost of the project. Since the master plan effort will take some time to develop the Town has decided to focus all of the Regional Park impact fee revenues on completing the various projects currently identified on the 5-YR CIP, most of those projects are the completion of improvements at the Firestone Sports Complex. Cost of Regional Parks Improvements = $59,423,533.00 Regional Parks Funds Already Collected = $0.00 Net Costs to be Funded = $59,423,533.00 DU's added over next 70 years = 13,948 Regional Parks Impact Fee = [(($59,423,533.00/ 13,948 DU's)*85%)]-$2,271.31 = $1,350.001DU COLORADO CIVIL GROUP, INC. • 1413 W. 29h Street • Loveland, Colorado 80538 • 970-278-0029 MUNICIPAL FACILITIES This impact fee will fund a new Town Hall, interim office space, and a 5,000 s.f. shop for Public Works. The improvements will be funded over a 10-yr period. The impact fee is reduced (to 85%) to discount the non-residential development. Estimated Cost of New Facilities = $4,445,200.00 Municipal Facilities Funds Already Collected = $589,700.00 Net Costs to be Funded = $3,855,500.00 DU's added over next 10 years = 1,809 Municipal Facilities Impact Fee = ($3,855,5001 1,809 DU's)'85% = $1,811.59/DU over 10 years RAW WATER IRRIGATION This impact fee is being established to fund the capital improvements associated with the Raw Water Irrigation System Master Plan adopted by the Town. With is update, the impact fee will be set to fund the currently estimated cost of Phase 1 of the system in a 10 year period. This impact fee replaces the previously adopted Underground Overhead Power on Firestone Trail The balance for that impact fee fund shall be transferred to this new impact fee fund. The impact fee is reduced (to 85%) to discount the non-residential development. Cost of the Phase 1 System = $4,203,200.00 Previous Impact Fees Transferred = $192,750.00 Net Casts to be Funded = $4,010,450.00 DU's added over next 10 years = 1,809 Raw Water Irrigation Impact Fee = ($4,010,45011,809 DU's)*85% = $1,884.401DU over 10 years SUMMARY OF PROPOSED IMPACT FEES Regional Transportation Impact_ Fee $5,958.96 /DU Regional Storm�Drainage Impact Fee $1,306.50 IDU Regional Parks Impact Fee $1,350.00 IDU Minicipal Facilities ImpactFee$1,811.59 IDU Raw Water Irrigation Impact Fee $1,884.40 ID $12,311.46 IDU COLORADO CIVIL GROUP, INC. • 1413 W. 29`h Street • Loveland, Colorado 80538 • 970-278-0029 HW. EXHIBIT B FIRESTONE REGIONAL TRANSPORTATION NETWORK MSsf � � I M7.4 1 0 i 2 alp 1'.11iE w��! M. M& 241/2 1 1 M= Mill 19 Mia Mss M:a env emu I 1 I ms IM4 MxI FusE.slolE aLw 0 Q ISM" Mau 8=7 MLI Mt. i 1 121 1sAeLE AVE - --- ---- — — - - - SA �l I Ill ROAD %Mils MSr Mar M14 Mir I Pw COW AYE PIE a � I LEGEND — H Mtr I MID I M1t I1 I — — — STANDARD ARTERIAL ROAD 18 fiU1R AVE CRI COLLECTOR/MODIFIED COLLECTOR LOCAL E M1I ORDINANCE NO. �S AN ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE BY THE ADDITION OF CHAPTER 12.36 CONCERNING SPECIAL EVENT PERMITS WHEREAS, the Town has seen an increase in requests for various types of special events to be held in Town; and WHEREAS, the Town wishes to adopt policies and procedures for the issuance of permits for special events conducted in the Town. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Firestone Municipal Code is hereby amended by the addition of a new Chapter 12.36 entitled "Special Event Permits" to read as follows: Chapter 12.36 Special Event Permits Sections: 12.36.010 Purpose. 12.36.020 Definitions. 12.36.030 Permit required. 12.36.040 Permit application. 12,36.050 Criteria for denial. 12.36.060 Issuance. 12.36.070 Conditions. 12.36.080 Insurance. 12.36.090 Duties of permittee. 12.36.100 Revocation. 12.36.110 Appeal. 12.36.120 No rights conferred. 12.36.010 Purpose. This Chapter establishes standards for the issuance of permits for special events in the Town. 12.36.020 Definitions. The following words and phrases, whenever used in this Chapter, shall have the following meanings: 1 "Coordinator" means the Communications and Community Outreach Coordinator. "Public right-of-way" means any street, road, sidewalk, alleyway, bike or pedestrian trail or path, or any other right-of-way owned by the Town. "Special event" means an organized procession or assembly of twenty-five (25) or more people: (1) requiring the exclusive use of all or a portion of a public right-of-way, public park, recreation area or other Town facility; (2) involving the temporary closure of public rights -of -way; (3) requiring traffic control; or (4) creating a public safety hazard. Examples of special events, include but are not limited to, festivals, celebrations, carnivals, concerts, races, parades, fundraisers, fairs, rodeos, camps and other similar activities. 12.36.030 Permit required. Any person or organization desiring to conduct a special event in the Town shall first obtain a permit from the Coordinator. 12.36.040 Permit application. A. Any person or organization desiring to conduct a special event in the Town shall apply for a permit by filing an application with the Coordinator on a form supplied by the Town. B. At a minimum, the application shall include the following information: The applicant's name, address and phone number; 2. The date and time of the special event, including the estimated set-up period, start time, end time and estimated break -down and clean up period; 3. A site plan, showing the proposed location of the special event, including a detailed map of the route, if applicable; 4. The nature of the event; 5. The estimated number of participants and animals, if any; b. The estimated number of vehicles; 7. A clean-up plan; $. A description of amplified noise, if any; 2 9. A statement as to whether the event will involve hazardous, combustible or flammable materials and, if so, the safeguards planned; and 10. Any other information requested by the Coordinator relevant to either the criteria set forth in Section 12.36.050 or the possible conditions that may be imposed pursuant to Section 12.36.070 that will aid the Coordinator in deciding whether to issue the special event permit and under what conditions. C. Applications for special event permits shall be accompanied by applicable fees for the special event, which fees shall be set from time to time by resolution of the Board of Trustees. D. Applications shall be submitted not less than sixty (60) days nor more than one (1) year before the special event. The Coordinator shall, upon a showing of good cause, consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain necessary police services for the event. Good cause may be demonstrated by a showing that the circumstance that gave rise to the application did not reasonably allow the applicant to file within the time prescribed. If the Coordinator refuses to consider a late application, the applicant may appeal such decision. 12.36.050 Criteria for denial. A. The Coordinator shall approve an application and issue a special event permit unless the Coordinator determines, upon consideration of the application and other pertinent information that: 1. Information contained in the application or supplemental information obtained from the applicant is found to be false in any material detail; 2. The applicant has failed to complete the application after having been notified of any additional information or documents required; 3. Another special event permit has already been issued, or an application has been received prior in time, to hold another event on the same date and time or so close in time and place as to cause undue traffic congestion, or as to burden the Town's ability to meet the needs of police, fire or other emergency services to the remainder of the Town; 4. The time, route, size, nature or location of the special event will substantially interrupt the safe and orderly movement of traffic on or contiguous to the event site or route or will disrupt the use of a public right-of-way at a time when it is usually subject to traffic congestion; 3 5. The size or nature of the special event will require diversion of so great a number of police officers to ensure that participants stay within the boundaries or route of the event or to protect participants in the event, as to prevent normal protection to the rest of the Town; provided that nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for protection of participants with the number of police officers available to police the event; 6. The location of the event will substantially interfere with any construction or maintenance work scheduled to take place on or near a public right-of-way; 7. The special event will occur at a time when a school is in session on a route or at a location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class; 8. The special event involves the use of hazardous, combustible or flammable materials which could create a fire hazard; 9. The event, as described in the application, would violate any applicable law; 10. The applicant has failed to pay costs, fees or deposits for any previous special event permit; or 11. The applicant has failed to abide by terms or conditions of any previous special event permit. B. When grounds for denial of an application can be corrected by altering the date, time, duration, route or location of the special event, the Coordinator shall, instead of denying the application, conditionally approve the application upon the applicant's acceptance of appropriate corrective conditions or by making other reasonable modifications to the special event. 12.36.060 Issuance. Upon submission of a complete application for the special event permit, the Coordinator shall consider the applicable criteria and approve, approve with conditions or deny the application. If the application is denied, the Coordinator shall inform the applicant in writing of the grounds for denial. If the application is approved, the Coordinator shall issue the special event permit, including any conditions, and shall report the issuance of special event permits to the Board of Trustees for its information. 4 12.36.070 Conditions. The Coordinator may impose reasonable conditions on any special event permit necessary to protect the safety of persons and property and the control of traffic, including but not limited to: 1. Alteration of the date, time, duration, frequency, route or location of the special event; 2. Conditions concerning the area of assembly and disbanding of parades or other events occurring along the route; 3. Conditions concerning accommodation of available parking or pedestrian or vehicular traffic, including restricting the event to only a portion of a public right-of-way; 4. Requirements for the use of traffic cones, barricades or other traffic control devices to be provided, placed and removed by the permittee at its expense; 5. Requirements for arrangement of fire protection or law enforcement personnel to be present at the event at the permittee's expense; 6. Requirements for provision of emergency access and first aid; 7. Requirements for use of event monitors and providing notice of permit conditions to event participants; 8. Requirements for provision of sanitary facilities; 9. Restrictions on the number and type of vehicles, animals or structures at the event and inspection and prior approval of floats, structures and decorated vehicles for fire safety; 10. Requirements for use of trash receptacles, cleanup and restoration of property; 11. Restrictions on use of amplified sound; 12. A requirement that notice be provided to the property owners of property adjacent to any affected public property; 13. Compliance with any applicable law and obtaining any other legally required permits or licenses; 5 14. Designation of a contact person with decision -making authority who will be continuously available to law enforcement personnel and present at the event; 15. Approval of the special event permit by the Town's Police Department and Public Works Department; and 16. Approval of the special event permit by the Firestone - Frederick Fire Protection District. 12.36.080 Insurance. In addition to any other conditions allowed by Section 12.36.070, the Coordinator may require the applicant to possess liability insurance to protect against loss from liability imposed by law for damages for bodily injury or property damage arising from the special event. The Coordinator shall determine whether to require such insurance and the amount of insurance that shall be required, based upon the considerations routinely taken into account by the Town in evaluating loss exposures, including without limitation, whether the event poses a substantial risk of damage or injury to the attendees, the anticipated number of participants, the nature of the event and activities involved and the physical characteristics of the proposed site or route. Such insurance shall name the Town, its officers, employees and agents as additional insureds. 12.36.090 Duties of permittee. A. The permittee shall comply with all terms and conditions of the special event permit. B. The permittee shall ensure that the person leading or in charge of the event is familiar with every provision of the special event permit and carries the special event permit on his or her person for the duration of the special event. C. Immediately following the completion of the special event, the permittee shall ensure that the area used for the special event is cleaned and restored to the same condition as existed prior to the event. If the property used for the event has not been properly cleaned or restored, the permittee shall be required to reimburse the Town for any costs incurred by the Town to restore the area. 12.36.100 Revocation. A. The Coordinator may, at any time prior to a special event, revoke or terminate a permit that has been issued for the event if conditions change so that the permit application could have been denied in the first instance. M B. The Coordinator may revoke the permit and terminate the special event during the course of the event if continuation of the event presents an immediate danger to the health, safety or welfare of the participants or public. C. The Coordinator may revoke the permit and terminate the special event during the course of the event for noncompliance with any term or condition of the permit. 12.36.110 Appeal. A. Any decision of the Coordinator under this Chapter may be appealed to the Coordinator's supervisor by filing a written notice of appeal, setting forth the grounds for appeal, within five (5) days after the decision. B. The Coordinator's supervisor shall review the appeal and issue a written decision no more than thirty (30) days after the filing of the appeal. The Coordinator's supervisor shall be final, subject only to judicial review as may be permitted by law. 12.36.120. No rights conferred. This Chapter grants no rights to and creates no property or other legal interest in any person or organization. The Town retains full control over Town - owned property and may at its sole and exclusive discretion issue, issue with conditions or deny a special event permit. Section 2. if any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. 7 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this I ?--" day of N 6� P , 2014. TOWNSEAL 0 V ATTEST: ,.• = f o Carissa Medina, Town Clerk Paul Sorenson, Mayor ORDINANCE NO.0 S�b AN ORDINANCE AMENDING SECTION 3.24.040 OF THE FIRESTONE MUNICIPAL CODE TO AMEND CRITERIA FOR PARTICIPATION IN THE TAX AND FEE BUSINESS ASSISTANCE PROGRAM OF THE TOWN WHEREAS, the Board of Trustees has established a tax and fee business assistance program, the purpose of which is to recruit businesses and employers within the Town of Firestone (the "Town"), thereby stimulating the economy of and within the Town, providing employment for residents of the Town and others, further expanding the goods and services available for purchase and consumption by businesses and residents of the Town, and further increasing the sales taxes and fees collected by the Town; and WHEREAS, the Board of Trustees desires to amend the square footage criteria for participation in such program and finds it is in the Town's best interest to allow potential participation in the program by those businesses occupying a space of less than the current eight thousand (8,000) square feet or larger threshold; and WHEREAS, the Board of Trustees finds that the amending this provision of the tax and fee business assistance program is in the furtherance of the public health, safety and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 3.24.040 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are st-lie-A-M-e): 3.24.040 Basis for participation Participation in the BAP shall be based upon approval by the Board of Trustees, exercising its legislative discretion in good faith. Any owner or operator of a proposed business may apply to the Town for inclusion within the BAP, provided that: (1) the proposed new business is reasonably likely to generate enhanced or increased sales taxes, permit fees and/or construction use taxes within the Town in the first year of operation: (2) the proposed business is not located on property for which a Public improvement Reimbursement Agreement (PIRA) has been approved by the Board of Trustees; and (3) the proposed new business will be located in a physical space that has a gross floor area of four ekgl}t thousand (4.ODOS,M) square feet or larger. Application for inclusion in the BAP must be made prior to the proposed opening or acquisition. Section 2. If any portion of this ordinance is held to be invalid for any reason, such decisions shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this I � day of )2014. ATTEST: ��ESrDN� �. to SEA, ; o s �¢ �'•ti / 01 �IVTY,.��•. (*9j/\1- rs s am ed'If Town Clerk 2 TOWN OF FIRESTONE, COLORADO )j cc-�— — Paul Sorensen Mayor ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3.20 OF THE FIRESTONE MUNICIPAL CODE CONCERNING MULTI -FAMILY DEVELOPMENT IMPACT FEES WHEREAS, pursuant to state law, including but not limited to C.R.S. §29-20-101, et sec ., and as a condition of issuance of a development permit, the Town has the authority to impose an impact fee or other similar development charge to fund expenditures by the Town on capital facilities needed to serve new development; and WHEREAS, the Board of Trustees previously adopted Chapter 3.20 of the Firestone Municipal Code to establish impact fees to be paid by new residential development and established provisions for the collection and expenditure of such impact fees; and WHEREAS, the Town's existing policy regarding residential development impact fees does not distinguish between single-family and multi -family residential development; and WHEREAS, Section 3.20.100 of the Firestone Municipal Code requires periodic review of the Town's impact fees to ensure that: (1) the demand and cost assumptions underlying the impact fees are still valid; (2) the resulting impact fees do not exceed the actual costs of constructing capital facilities that are of the type for which the fees are paid and that are required to serve new impact -generating development; (3) the monies collected or to be collected in each impact fee trust account have been paid and are expected to be spent for capital facilities for which the fees were paid; and (4) the capital facilities for which the fees are to be used will benefit the development paying the fees; and WHEREAS, in October 2014, Town staff undertook such review and prepared the 2014 Revised Impact Fee Analysis; and WHEREAS, on November 12, 2014, the Board of Trustees adopted Ordinance No. 856 amending the impact fees in accordance with the information set forth in the 2014 Revised Impact Fee Analysis; and WHEREAS, Town staff has further reviewed the Town's impact fees and finds it appropriate to distinguish single-family and multi -family development with respect to calculating impact fees, which review is summarized in the Memorandum Regarding Recommendation for Consideration of Reductions in Water Tap and Impact Fees for Increased Density (hereinafter referred to as Memorandum Regarding Impact Fees for Increased Density) dated November 20, 2014; and WHEREAS, the Board of Trustees finds the distinction between impacts on capital facilities by single-family and multi -family development warrants revisions to the Town's impact fees as set forth in the Memorandum Regarding Impact Fees for Increased Density; and WHEREAS, the Board of Trustees further finds the impact fees, as amended by this Ordinance, do not exceed the actual costs of constructing capital facilities that are of the type for which the fees are paid and that are required to serve new impact -generating development; of the impact fee monies spent since adoption of Chapter 3.20 of the Firestone Municipal Code, such fees have only been spent for capital facilities for which such fees were paid; impact fee monies to be collected in the future are likewise expected to be spent only for capital facilities for which the fees were paid; such capital facilities that have been constructed with impact fee monies have benefited those developments that paid the fees; and future impact fee monies paid will fund capital facilities that will benefit those developments that paid the fees; and WHEREAS, the impact fees charged to new development pursuant to this Ordinance are legislatively adopted, generally applicable to all residential development of new dwelling units, and intended to defray the projected impacts on capital facilities caused by proposed development; and WHEREAS, the impact fees are no greater than necessary to defray the projected impacts directly related to proposed new development; and WHEREAS, this Ordinance creates a system under which impact fees shall not be used to remedy any deficiency in capital facilities existing on the effective date of this Ordinance and under which impact fees paid by new development will be used to finance or defray all or a portion of the costs incurred by the Town to construct, improve or expand capital facilities to serve new development in ways that benefit the development that paid each fee within a reasonable period of time after the fee is paid; and WHEREAS, Chapter 3.20 of the Firestone Municipal Code includes provisions to ensure that no individual landowner is required to provide any site -specific dedication or improvement to meet the same need for capital facilities for which the impact fees are imposed; and WHEREAS, the Board of Trustees by this Ordinance desires to amend Chapter 3.20 of the Firestone Municipal Code to establish new residential development impact fees for multi- family dwellings; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Appendix 3A to Chapter 3.20, Impact Fee Schedule, is hereby repealed and reenacted to read as read as follows: Appendix 3A Impact Fee Schedule Categories and Fees for Each Single -Family (SF) Dwelling Units (DU) and Multi -Family (MF) DUs Impact Fee SF DU MF Density* 24 DUslAcre (Duplexes, Triplexes, Attached Patio Homes) Per Living Unit MF Density* 5-12 DUslAcre (Townhomes and Higher Density Attached Units) Per Living Unit MF Density* >12 DUs/Acre (Stacked Apartments and Condominiums) Per Living Unit Roadway $5,958.96 $4,171.27 $3,873.32 $3,575.38 Drainage $1,306.50 $914.55 $849.23 $783.90 Regional Parks $1,350.00 $945.00 $877.50 $810.00 Municipal Facilities $1,811.59 $1,811.59 $1,811.59 $1,811.59 Raw Water Irrigation $1,884.40 $1,319.08 $1,224.86 $1,130.64 Totalim act Fee $12,311.45 $9,161.49 $8,636.50 $8,111.51 * For purposes of this Chapter, multi -family density shall be calculated by dividing the total number of living units in the multi -family development by the total acreage of all developed areas shown on the Final Development Plan for the multi -family development for which the obligation to pay impact fees arises. Developed areas are those areas that are developed in any form and shall include parking lots, sidewalks, building footprints and graded areas, but shall not include undeveloped open space areas that are ungraded, are not landscaped, and have no improvements thereon. Section 2. If any portion of this Ordinance is held to be invalid for any reason, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Town Board of Trustees hereby declares that it would have passed this Ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. This Ordinance and the Impact Fees set forth herein shall take effect on January 1, 2015. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this I.0-hn day of ,�/y(Y�,4*, 2014. Ica STO&y TOWN is SEA Q 4, f� ATTEST: AUNTY, G� C a XYedina, Town Clerk TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor o'WC-4 vx,� Oyw�j " vuc T-cb- t (42 l ORDINANCE NO.860 AN ORDINANCE AMENDING SECTION 1.08.050 OF THE FIRESTONE MUNICIPAL CODE REGARDING RAW WATER DEDICATION REQUIREMENTS FOR MULTI- FAMILY DEVELOPMENT WHEREAS, Section 1.08.050 of the Firestone Municipal Code sets forth requirements for the dedication of water rights to the Town for water service for residential, commercial and industrial developments and irrigation of irrigated landscape areas; and WHEREAS, the Town's existing policy with respect to water rights dedication requirements does not distinguish between various types of multi -family developments; and WHEREAS, the Board of Trustees desires to amend the water dedication requirements to establish different requirements for different types of multi -family developments; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection 1.08.050.A.2 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are strieke gifeugh): 1.08.050 Water. Unless otherwise provided by the Board of Trustees, the Town and the petitioner shall agree in writing, prior to final adoption of an annexation ordinance, to the transfer of the following minimum water rights to the Town: A. Residential. 2. The landowner, its successors or assigns in interest shall dedicate to the Town one half aery foot the units of CBT water for each living unit in a deplex, telex r larger- building • se multi -family dwellings, as set forth in the following table and in Paragraph 6, below._ Living Units Per Multi -Family Dwellin CBT Share Dedication er LivingUnit 2 to 4 Units .56 5 to 12 Units .51 > 12 Units .39 Section 2. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this loth day of December, 2014. ATTEST: aris M ma, Town Clerk �8T0/V, 10 r SEAL i Q �C.�• Y � O� ht�flarwv �•LIQ TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor 2 ORDINANCE NO.861 AN ORDINANCE AMENDING SECTIONS 1.08.050 AND 13.08.010.13 OF THE FIRESTONE MUNICIPAL CODE REGARDING RAW WATER DEDICATION REQUIREMENTS FOR MULTI -FAMILY DEVELOPMENT AND REPEALING ORDINANCE NO. 860 WHEREAS, Sections 1.08.050 and 13.08.010.B of the Firestone Municipal Code set forth requirements for the dedication of water rights to the Town for water service for residential, commercial and industrial developments and irrigation of irrigated landscape areas; and WHEREAS, the Town's existing policy with respect to water rights dedication requirements does not distinguish between various types of multi -family developments; and WHEREAS, the Board of Trustees desires to amend the water dedication requirements to establish different requirements for different types of multi -family developments; and WHEREAS, on December 10, 2014, the Board of Trustees adopted Ordinance No. 860, which amended Section 1.08.050 of the Firestone Municipal Code regarding water dedication requirements and establishing different requirements for different types of multi -family developments; and WHEREAS, after the Board's adoption of Ordinance No. 860, it came to the Town's attention that the ordinance included an error with respect to the calculation of the dedication requirements; and WHEREAS, Section 13.08.010.B of the Firestone Municipal Code also sets forth water dedication requirements and Section 13.08.010.B needs to be updated to reflect the.changes to the water dedication requirements for different types of multi -family developments; and WHEREAS, the Board of Trustees by this Ordinance desires to repeal Ordinance No. 860 and to adopt a new ordinance amending Sections 1.08.050 and 13.08.010.B of the Firestone Municipal Code to adopt water dedication requirements for different types of multi -family developments; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection 1.08.050.A.2 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are s4r-ien thfatig 1 1.08.050 Water. Unless otherwise provided by the Board of Trustees, the Town and the petitioner shall agree in writing, prior to final adoption of an annexation ordinance, to the transfer of the following minimum water rights to the Town: A. Residential. 2. The landowner, its successors or assigns in interest shall dedicate to the Town one-half ryero & A+ the units of CBT water for each living unit in a d"Iex tFiplex f ,,,-pleii ^T larger- building used f multi -family dwellings, as set forth in the following table and in Paragraph 6, below.: Living Units Per Multi -Family Dwelling CBT Share Dedication Per Livin Unit 2 to 4 Units .54 5 to 12 Units .49 > 12 Units .37 Section 2. Subsection 13.08.O10.B.1.5 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are striekeri &Ott ): 13.08.010. Water connection charges. B. In addition to the charges set forth in Subsection A above, there shall be transferred to the Town the following: 1.5. One half .,ern feet ef GBT • ,ater f For each living unit in a duple*, triplex f ttr-ple or larger building used r^r multi -family dwellings, the number of acre-foot units of CBT water as set forth in the following table and in Paragraph 6, below Living.Units Per Multi -Family Dwelling CBT Share Dedication (Per Livin Unit 2 to 4 Units .54 5 to 12 Units .49 > 12 Units .37 Section 3. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred PA under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 5. Ordinance No. 860 adopted by the Board of Trustees on December 10, 2014 is hereby repealed in its entirety. Alf other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 17th day of December, 2014. TOWN OF FIRESTONE, COLORADO ��FtE S Tp� r' Paul Sorensen, Mayor ATTEST:' ►SE. 10 4 Claf issa Medina, Town Clerk 4105679 Pages: 1 of 4 05/08/2015 10:25 AM R Fee:$26.00 Carly Koppes, Clerk and Recorder; Weld County, CO mill NF1111110. r IM5111K1,114 WAAWANNI AA 11111 ORDINANCE NO. &C 2- AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE DS REAL ESTATE ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the DS Real Estate Annexation and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on January 28, 2015 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published December 16, 23 and 30, 2014 and January 6, 2015 in the Daily Times -Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation in accordance with the applicable laws of the State of Colorado, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of C.R.S. §§ 31-12-107(1)(g),-110(2) or 112, C.R.S. NOW,'THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the DS Real Estate Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone, subject to those conditions set forth in Exhibit B attached hereto and incorporated herein by this reference. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 28`h day of January, 2015. 1R57-p TOWN OF FIRESTONE, COLORADO j.x TOWN tiI J, 10 Paul Sorensen, Mayor ATTEST: Carissa Medina, Town Clerk LIMO15 1:57 PM [kruk] R.TiraionMme wdui ADS Kea! Es=e\Orddot 4105679 Pages: 2 of 4 05/08/2015 10:25 AM R Fee:$25.00 Carly KoPPes, Clerk and Recorder; Weld County, CO W1 1111 I���,I�Ih"i llr� l�IP W WA INK 1i#� W, , �1111 4105679 Pages: 3 of 4 05/08/2015 10:25 AM R Fee:$26.00 Carly Kappes, Clerk and Recorder, Weld Count ■!!I N1r rIIJj'ij�i; 4FIM hJ 11NI"111A goIr�ilr�r�Yi�� EXHIBIT A - LEGAL DESCRIPTION DS Real Estate Annexation LEGAL DESCRIPTION A tract of land located in the E1/2 of the NEIA of Section 10, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Northeast corner of said section 10; from which the N1/4 of said Section 10 bears N89°50'51", 2641.06 feet (Basis of Bearing), thence N89°50'51"W, 450.00 feet along the North Line of the NEIA of said Section 10; Thence S00°32'57"W, 1304.50 feet to the Northwest Corner of that tract of land conveyed to DS Real Estate, LLC as described in Quit Claim Deed recorded March 21, 2013, as Reception No. 3918799 of the records of Weld County, Colorado, and the POINT OF BEGINNING; Thence S89°50'51"E, 311.62 feet along the Northerly Line of that tract of land as described as said Reception No. 3918799 to the Westerly Right-of-way Line of Interstate Highway 25; Thence S00°28'41"W, 17.05 feet along the Westerly Right-of-way Line of said Interstate Highway 25 to an angle point thereof; Thence S13°56'37"E, 361.37 feet along the Westerly Right-of-way Line of said Interstate Highway 25 to an angle point thereof; Thence S00°30'31"W, 295.46 feet along the Westerly Right-of-way Line of said Interstate Highway 25 to the Southerly Line of `Parcel B' conveyed to DS Real Estate, LLC as described in Special Warranty Deed recorded November 21, 2012, as Reception No. 3890514 of the records of Weld County, Colorado; Thence N89°50'51"W, 399.84 feet along the Southerly Line of said `Parcel B' to the Southwest Corner thereof, Thence N00°28'41"E, 145.00 feet along the Westerly Line of said `Parcel B' to the Southerly Line of `Parcel A' as described as said Reception 3890514; Thence N89°50'5I"W, 2.26 along the Southerly Line of said `Parcel A' to the Southwest Corner thereof; Thence N0092'S7'E, 518.00 feet along he Westerly Line of said `Parcel A' and along the Westerly Line of that tract of land as described as said Reception No. 3918799 to the POINT OF BEGINNING. Area= 248,870 square feet (5.713 acres), more or less. 4105679 Pages: 4 of 4 05/08/2015 10:25 AM R Fee:$26.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill NP111 11ti'I 'W IV 4111011i YjV1 U. A 11A 1111111 EXHIBIT B — CONDITIONS OF APPROVAL DS Real Estate Annexation 1. Execute an Annexation Agreement as prepared by the Town Attorney. 2. Submit an updated Title Commitment, dated no later than one month prior to recording of final documents. 3. Address and modify all documents pursuant to all engineering comments from the Town Engineer. 4, Petition for exclusion from the Mountain View Fire Protection District and inclusion into the Frederick -Firestone Fire Protection District. 5. Petition for inclusion into the Carbon Valley Parks and Recreation District 6. On the annexation map, remove the additional blank provided in the third line of the Town Approval block. 4 4105682 Pages: 1 of 4 05/08/2015 10:25 AM R Fee:$26.00 CalrllyuKop�ples, Clerk and Relcordeer, WeldCounty, ``CO ,lit 1l�lFi�liiVINIr�l'T��ALikl rA�S�Yi�R } hli�� ■i� ,I 1� ORDINANCE NO.OU AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE DS REAL ESTATE ANNEXATION, AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY WHEREAS, a petition for annexation of certain property, annexed to the Town as the DS Real Estate Annexation, was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, concurrent with such petition, an application was filed with the Town for approval of a zoning request and Outline Development Plan for such property; and WHEREAS, the property, known as the DS Real Estate Annexation, was annexed to the Town by ordinance and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property has requested a Planned Unit Development zoning classification with Regional Commercial (PUD RC) and Employment Center (PUD EC) land uses and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification requested is consistent with the Town's plan for the area encompassed by the Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation on the zoning request and Outline Development Plan to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the DS Real Estate Annexation, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof (the "Property"), is hereby zoned Planned Unit Development Regional Commercial (PUD RC) and Employment Center (PUD EC) as shown on the Outline Development Plan, pursuant to the zoning ordinances of the Town and subject to and in accordance with the DS Real Estate Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and 4105682 Pages: 2 of 4 05/08/2015 10:25 AM R Fee:$26.00 Carly Koppes: Clerk and Recorder, Weld County, CO 1111 K1MI 110, 'M 4& "1 WW d whl W. 1111 which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. Section 2. The Board of Trustees hereby approves the DS Real Estate Outline Development Plan, subject to the conditions set forth on Exhibit B attached hereto and incorporated herein by reference. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 281h day of January, 2015. '.eS O� 10 ATTEST: i4 ��'°¢° O ,per; c0UNTY. Cf Ngari's—sa Medina, Town Clerk 1/22/2015 210 PM [kmkj R 1TirwonOAnne aticr,MS Real Fslale\Znning Ord.doc 2 TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor 4105682 Pages: 3 of 4 05/08/2015 10:25 AM R Fee:$26.00 Carly KoPPes, Clerk and Recorder, Weld County CO mill FAMIJINWAN I 341).11111 EXHIBIT A - LEGAL DESCRIPTION DS Real Estate Annexation Zoning and Outline Development Plan LEGAL DESCRIPTION A tract of land located in the E1/2 of the NEIA of Section 10, T2N, R68W,of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Northeast corner of said section 10; from which the N 1 A of said Section 10 bears N89°50'51", 2641.06 feet (Basis of Bearing), thence N89°50'51"W, 450.00 feet along the North Line of the NEIA of said Section 10; Thence S00°32'57"W, 1304.50 feet to the Northwest Corner of that tract of land conveyed to DS Real Estate, LLC as described in Quit Claim Deed recorded March 21, 2013, as Reception No. 3918799 of the records of Weld County, Colorado, and the POINT OF BEGINNING; Thence S89°50'51"E, 311.62 feet along the Northerly Line of that tract of land as described as said Reception No. 3918799 to the Westerly Right-of-way Line of Interstate Highway 25; Thence S00°28'41 "W, 17.05 feet along the Westerly Right-of-way Line of said Interstate Highway 25 to an angle point thereof; Thence S13°56'37"E, 361.37 feet along the Westerly Right-of-way Line of said Interstate Highway 25 to an angle point thereof; Thence S00°30'31"W, 295.46 feet along the Westerly Right-of-way Line of said Interstate Highway 25 to the Southerly Line of `Parcel B' conveyed to DS Real Estate, LLC as described in Special Warranty Deed recorded November 21, 2012, as Reception No. 3890514 of the records of Weld County, Colorado; Thence N89°50'51"W, 399.84 feet along the Southerly Line of said `Parcel B' to the Southwest Corner thereof; Thence N00°28'41"E, 145.00 feet along the Westerly Line of said `Parcel B' to the Southerly Line of `Parcel A' as described as said Reception 3890514; Thence N89°50'51"W, 2.26 along the Southerly Line of said `Parcel A' to the Southwest Corner thereof; Thence N00°32'57"E, 518.00 feet along he Westerly Line of said `Parcel A' and along the Westerly Line of that tract of land as described as said Reception No. 3918799 to the POINT OF BEGINNING. Area= 248,870 square feet (5.713 acres), more or less. 3 y a 4105682 08G/2015 10:25 A 05/M R Fee:$26.00 Carly Koppes, Clerk and Recorder, Weld County. CO offf 144�r�f�i�l+il�Jf� fJh ' U1100,71 N�,AlI�;F, �f fff EXHIBIT B DS Real Estate Annexation Conditions of Approval Zoning and ODP 1. Revise ODP to address comments and redlines from the Town Engineer. 4 ORDINANCE NO. f) LO 4 AN ORDINANCE AMENDING SECTION 2.44.060 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE COLLECTION OF MUNICIPAL COURT ASSESSMENTS WHEREAS, defendants frequently fail to pay fines, costs, fees and judgments assessed against them by the Firestone Municipal Court, and the loss of revenue from such defendants' failure to comply with Municipal Court orders is significant; and WHEREAS, these unpaid assessments constitute debts to the Town, which the Town is authorized to collect by any lawful means; and WHEREAS, the Board of Trustees desires to authorize the Town Manager or his or her designee to utilize lawful means to collect unpaid Municipal Court assessments and to assess reasonable costs of collection. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.44.060 of the Firestone Municipal Code is hereby amended by the addition of a new subsection D to read as follows: 2.44.060 Fines and penalties and court costs. D. The Town Manager, or his or her designee, is authorized to use any lawful method of collecting fines, fees, default judgments, personal recognizance bond forfeitures, civil penalties, or any other unpaid amounts due from any person assessed such sums by the Municipal Court, including the reasonable costs of collection. Reasonable costs of collection shall include, without limitation, the fees and costs of the Town Attorney or of private counsel or a collection agency, but such fees and costs shall not exceed twenty-five percent of the unpaid amount. Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, RED, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of 7 2 V�J , 2015. FtptES t� ,. To Paul Sorenson, rn =IU } O Mayor © ti' 4 *% ATTEST: 4*N��Y' C kris edina, Town Clerk PA COLLECTION SERVICES AGREEMENT THIS COLLECTION SERVICES AGREEMENT ("Agreement") is entered into this the day of , 2015 ("Effective Date"), by the Town of Firestone on behalf of the Municipal Court of the Town of Firestone ("Municipal Court"), and Integral Recoveries, Inc., a corporation organized under the laws of the State of Colorado ("Agency"). The parties agree as follows: 1_Scope of Services. Agency will provide Municipal Court with collection services consisting of Agency's normal collection activities, including, without limitation, correspondence and communications between Agency and the debtor and credit reporting, as deemed appropriate by Agency and agreed to by Municipal Court. Agency will provide services as an independent contractor and not as an employee of Municipal Court. As an independent contractor, neither Agency, its employees nor its agents are entitled to workers' compensation benefits except as may be provided by the Agency nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Agency or some other entity. Agency is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. Services will commence immediately upon Municipal Court's assignment of a debtor's account ("Account") to Agency. 2. Recovery and Agency Fee. The Account will specify the judgment amount (the amount due the court for fines, fees, costs, surcharges and restitution). Agency may seek to recover and may recover from the debtor an amount not greater than one hundred twenty-five percent of the Judgment Amount. Agency will provide a monthly remittance to the Town on or about the 1 St' of each month for eighty percent of all monies recovered in the previous calendar month, retaining twenty percent for its fee. 3. Term. This Agreement will commence on the Effective Date and will continue for 3 years. The parties may agree, in writing to extend the term. However, either party may terminate this Agreement by giving thirty days' written notice. Upon expiration of the Term or termination by notice, the parties may agree that Agency may continue collecting on those Accounts previously assigned to Agency under the same terms as set forth in this Agreement until those Accounts are closed or are cancelled. The parties hereto do not intend this Agreement to be a multiple fiscal year financial obligation within the meaning of Article X, Section 20 of the Colorado Constitution, and this Agreement shall be interpreted so as to avoid any such meaning. The parties therefore agree that all obligations of the Town to make payment under this Agreement are subject to annual appropriation by the Board of Trustees. 4. Manner of Assignment. Assignment of an Account will be effective as the date Municipal Court submits the Account to Agency. Within fifteen working days of Agency's receipt of an assignment, Agency must submit a written acknowledgment of assignment to Municipal Court. If Municipal Court does not receive the acknowledgment within that fifteen day period, Municipal Court may withdraw that Account from Agency. After an assignment of an Account to Agency, Municipal Court will refrain from contacting the debtor for collection purposes and will refer all matters concerning collection to Agency for the duration of the period of assignment, unless Municipal Court cancels the Account as provided below. S. Cancellation of Accounts. Accounts previously assigned to Agency for collection will be cancelled prior to the expiration of the period of collection if: (a) Municipal Court withdraws an Account, by notice to Agency in writing; (b) Agency ceases collection efforts on an Account it considers not collectable; or (c) the debtor files for bankruptcy and Municipal Court directs Agency to take no further action after Agency informs Municipal Court and the Office of the Town Attorney, in writing, of the filing for bankruptcy. b. Standards of Agency Performance. Agency agrees to maintain the following minimum standards of operation and performance during the term of this Agreement and to provide proof of compliance upon request by Municipal Court: a. Maintain proper licensing and bonding as required by law b. Adhere to the provisions of all applicable laws, ordinances and regulations, including the Federal Fair Debt Collection Practices Act, the Colorado Fair Debt Collection Practices Act and the Fair Credit Reporting Act. C. Agency'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. 7. Audits. Municipal Court has the right to audit the accounts assigned to Agency at any time upon advance written notice. S. Litigation, No court action will be instituted for collection of Accounts by Agency without prior written authorization from Municipal Court. 9. Progress Reports. Agency will provide Municipal Court with written reports relating to collection activities, collection totals, dates of collection, and specific accounts when requested by Municipal Court. 10. Payment Remittance. By the 15'h day of each month, Agency will provide Municipal Court with a billing of amounts collected during the previous month. 11. Governing Law: Venue. This Agreement will be construed in accordance with the laws of the State of Colorado, the Firestone Municipal Code, and Town ordinances, resolutions and policies. 12. Indemnification. Agency releases the Town of Firestone and agrees to fullly protect, defend, indemnify, and hold harmless the Town of Firestone, its elected and appointed officers, employees, agents and representatives from and against any and all losses, claims of personal injury, loss, death or property damage, causes of action, costs and expenses, including attorney's fees, or liability of any nature arising out of or related to Agency's performance under this agreement Section 13. Insurance. 1. Agency shall at its own expense be required to keep in full force and effect during the term of this Agreement: 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. 2. Agency's general liability 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 Agency. Such policies shall contain a severability of interests provision. Agency shall be solely responsible for any deductible losses under the required policies. 3. Certificates of insurance shall be provided by Agency 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. 4. Agency shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Agreement by reason of its failure to secure liability insurance or by reason of its failure to secure insurance in sufficient amounts of sufficient durations, or sufficient types to cover such liability. 14. No Third Party Beneficiaries, No Assignment. This Agreement is intended to be solely for the benefit of the parties and their respective successors and permitted assigns, and this Agreement will not otherwise be deemed to confer upon or give to any other person or entity any remedy, claim, cause of action or other right. Agency 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. 15. Work by Illegal Aliens Prohibited. Exhibit A, 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. 16. Notices and other Communications. Any notice or other communication given or made under this Agreement must be in writing and sent by courier mail, with return receipt, or a copy may also be sent by facsimile or other electronic means. Any notice or other communication will be addressed as follows and, if so addressed, will be effective upon actual receipt. If to Agency: Integral Recoveries, Inc. Jeffrey Slack, Director of Client Development 750 W: Hampden Avenue, Suite 501 Englewood, CO 80110 If to Municipal Court: Firestone Municipal Court c/o Municipal Court Clerk 151 Grant Ave., Firestone, CO 80520 Fax 303 531-6271 17. Non -Waiver: The failure of either party to insist, in any one or more instances, upon strict performance of any of the provisions of this Agreement will continue and remain in full force and effect. 18. Entire Agreement: This written Agreement constitutes the entire agreement and understanding of the parties and supersedes all prior offers, negotiations, and other agreements of any kind. There are no representations or understandings not set forth in this Agreement. TOWN OF FIRESTONE MO Paul Sorensen, Mayor Date: ATTEST Carissa Medina, Town Clerk INTEGRAL RECOVERIES, INC Jeffrey Slack Director of Client Development Integral Recoveries, Inc. Date: Exhibit A 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: 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) The undersigned hereby certifies as follows: That at the time of providing this certification, the undersigned does not knowingly employ or contract with an illegal alien; and that the undersigned will participate in the E-Verify program or the Department program, as defined in C.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 under the public contract for services. Proposer: By_ Title: Date ORDINANCE NO. 865 AN ORDINANCE AMENDING ORDINANCE NO. 837, WHICH ADOPTS BY REFERENCE THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE AND AMENDMENTS THERETO, AND AMENDS CERTAIN SECTIONS OF THE FIRESTONE MUNICIPAL CODE IN CONNECTION WITH THE ADOPTION OF SUCH CODE WHEREAS, on February 12, 2014 the Board of Trustees adopted Ordinance No. 837, which, among other actions, adopted by reference the 2012 edition of the International Fire Code and amendments thereto, and amended certain sections of the Firestone Municipal Code in connection with the adoption of the 2012 edition of the International Fire Code; and, WHEREAS, the Board of Trustees desires to "amended Ordinance No. 837 to designate the Frederick -Firestone Fire Protection District as the exclusive jurisdiction having authority to enforce within the Town's boundaries, including any future annexations, the 2012 edition of the International Fire Code, with amendments, adopted by the Board of Trustees. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The last sentence of Section 15.32,010 of the Firestone Municipal Code is amended in its entirety to read: "The Frederick -Firestone Fire Protection District shall have exclusive authority to enforce the code adopted herein within the Town's boundaries, including any future annexations, and shall serve as the department of fire prevention of the Town." Section 2. The following new paragraph E is added to Section 15.32.020 of the Firestone Municipal Code: E. The following new definition is added to Section 202 of the 2012 edition of the International Fire Code: FIRE DEPARTMENT. All references in this code to "fire department" shall mean the Frederick -Firestone Fire Protection District. Section 3. The following new paragraph F is added to Section 15.32.020 of the Firestone Municipal Code: F. The following definitions in Section 202 of the 2012 edition of the International Fire Code are amended to read: FIRE CHIEF. The Fire Chief of the Frederick -Firestone Fire Protection District. FIRE CODE OFFICIAL. The fire chief, directly or through the fire marshal or other duly authorized representative of the Frederick -Firestone Fire Protection District. JURISDICTION. The Frederick -Firestone Fire Protection District. Section 4. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or 2095622,1 constitutionally of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts thereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance, or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. Section 6. The repeal or modification of any provision of any prior ordinance by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, ADOPTED AND ORDERED PUBLISHED on the I Ph day of March, 2015. rl, IREST , ..M• • 4 r TE �GN••• �.........y-��� 77 , Quissa Medina Town Cleric TOWN OF FIRESTONE, COLORADO Paul Sorensen Mayor 2095622.1 li, I 4140878 Pages: 1 of 4 09/10/2015 10:59 AM R Fee:$26.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 klp Elul*.. "W%Al II.SIN 11111 ORDINANCE NO. uw V AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE SWINGLE LAWN TREE & LANDSCAPE ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Swingle Lawn Tree & Landscape Annexation and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on February 25, 2015 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published January 21 and 28, and February 4 and 11, 2015 in the Daily Times -Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation in accordance with the applicable laws of the State of Colorado, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of C.A.S. §§ 31-12-107(l)(g),-110(2) or 112, C.R.S. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Swingle Lawn Tree & Landscape Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone, subject to those conditions set forth in Exhibit B attached hereto and incorporated herein by this reference. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 1 I ch day of March, 2015. \�ST(31yF OWN OF FIRESTONE, COLORADO t O m SBA 0 ul Sorensen, Mayor 1. - 4140878 Pages: 2 of 4 09/10/2015 10:59 AM R Fee:$26.00 Carly Koppes, Clerk and Recorder; Weld County; CO ■III prip"n pL,��l�` P, ��■.01PA, I.1 1 1 Y 4111A 11111 ATTEST: F9..ruin_ +er• — � MW2015 1.09 PM [L.-nk] R,Timslan&Annexadon�Saingle Lawn Ord 20BO220.doc 4140878 Pages: 3 of 4 09/10/2015 10:59 AM R Fee:$26.00 Carly Koppes, Clerk and Recorder, Weld County, CO Bill PAM 1K'.W1Ku*Nv1 WMMOWOW,11111 EXHIBIT A - LEGAL DESCRIPTION Swingle Lawn Tree & Landscape Annexation A PARCEL OF LAND LOCATED IN SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE SOUTH 00°24'08" EAST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14, A DISTANCE OF 30.00 FEET TO A POINT; THENCE SOUTH 90°00'00" EAST A DISTANCE OF 60.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 90"00'00" EAST A DISTANCE OF 750.02 FEET TO A POINT; THENCE SOUTH 00"24'04" EAST A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 22; THENCE CONTINUING SOUTH 00"24'04" EAST A DISTANCE,OF 263.60 FEET TO A POINT; THENCE NORTH 72021'43" WEST A DISTANCE OF 21.39 FEET TO A POINT; THENCE ALONG A CURVE WITH A RADIUS OF 345.00 FEET, DELTA OF 19°24'05", ARC LENGTH OF 116.82 AND BEARING NORTH 82003'46" WEST A DISTANCE OF 116,27 FEET TO A POINT; THENCE SOUTH 88014'12" WEST A DISTANCE OF 169.41 FEET TO A POINT; THENCE ALONG A CURVE WITH A RADIUS OF 290.00 FEET, DELTA OF 16°25'32", ARC LENGTH OF 83.14 AND BEARING NORTH 83033'02" WEST A DISTANCE OF 82.85 FEET TO A POINT; THENCE NORTH 75020'16" WEST A DISTANCE OF 13.06 FEET TO A POINT; THENCE ALONG A CURVE WITH A RADIUS OF 125.00 FEET, DELTA OF 28-28-15", ARC LENGTH OF 62.11 AND BEARING NORTH 61 °06'08" WEST A DISTANCE OF 61.48 FEET TO A POINT; THENCE NORTH 46052'01" WEST A DISTANCE OF 54.98 FEET TO A POINT; THENCE ALONG A CURVE WITH A RADIUS OF 115.00 FEET, DELTA OF 21°06'34",'ARC LENGTH OF 42.37 AND BEARING NORTH 57025'18" WEST A DISTANCE OF 42.13 FEET TO A POINT; THENCE NORTH 67"58'35" WEST A DISTANCE OF 41.60 FEET TO A POINT; THENCE ALONG A CURVE WITH A RADIUS OF 155.00 FEET, DELTA OF 20-24-54", ARC LENGTH OF 55.23 AND BEARING NORTH 78"1 P02" WEST A DISTANCE OF 54.94 FEET TO A POINT; THENCE NORTH 88023'29" WEST A DISTANCE OF 129.51 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD NORTH 00024'08" WEST A DISTANCE OF 113.19 FEET TO A POINT; THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD NORTH 00"24'08" WEST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 164,128 SQUARE FEET OR 3.77 ACRES, MORE OR LESS 4140878 Pages: 4 of 4 09/10/2015 10:59 AM R Fee:$26.00 Carly Koppes: Clerk and Recorder, Weld County, 00 mill � �1 ���� 0'rM, Fift'll W 11111 EXHIBIT B — CONDITIONS OF APPROVAL Swingle Lawn Tree & Landscape Annexation 1. Execute an Annexation Agreement as prepared by the Town Attorney. 2. Submit an updated Title Commitment, dated no later than one month prior to recording of final documents. 3. Modify annexation map to address any outstanding comments from the Town Engineer. 4. Petition for exclusion from the Mountain View Fire Protection District and inclusion into the Frederick -Firestone Fire Protection District. Petition for inclusion into the Carbon Valley Parks and Recreation District. H 4140881 Pages: 1 of 4 09/10/2015 10ie9 AM Recorder. County, CO Carly Koppes, I ■III 1�I��:I�?11�'i�hmINII�rIA14,11111 ORDINANCE NO. 867 AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE SWINGLE LAWN TREE & LANDSCAPE ANNEXATION, AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY WHEREAS, a petition for annexation of certain property, known as the Swingle Lawn Tree & Landscape Annexation, was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, concurrent with such petition, an application was filed with the Town for approval of a zoning request and Outline Development Plan for such property; and WHEREAS, the property, known as the Swingle Lawn Tree & Landscape Annexation, was annexed to the Town by ordinance and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property has requested a Planned Unit Development zoning classification with Regional Commercial (PUD RC) land uses and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification requested is consistent with the Town's plan for the area encompassed by the Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation on the zoning request and Outline Development Plan to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section L That certain property known as the Swingle Lawn Tree & Landscape Annexation, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof (the "Property"), is hereby zoned Planned Unit Development Regional Commercial (PUD RC) as shown on the Outline Development Plan, pursuant to the zoning ordinances of the 1 4140881 Pages: 2 of 4 09%10/2015 10:59 AM R Fee:$25.00 Carly Koppes. Clerk and Recorder, Weld County, CO 11II RIFa1����11'Li ��1 A q POPYUM Town and subject to and in accordance with the Swingle Lawn Tree & Landscape Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and which shall be placed on filewith the Town, and the Town zoning map shall be amended accordingly. Section 2. The Board of Trustees hereby approves the Swingle Lawn Tree & Landscape Outline Development Plan, subject to the conditions set forth on Exhibit B attached hereto and incorporated herein by reference. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 11 `h day of March, 2015. �. �RTOW } ti ms E.+ P cc) ATTEST: 0VN.`Y, co cklv\", ris a ina, Town Clerk 2/20/2015 1.47 PM [kmkl R.\FirestonelAnnexaiionlSwingie Lawn`Zoning Ord 20150220.doc TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor 4140881 Pages: 3 of 4 09/10/2015 10:59 AM R Fee:$26.00 Carly Koppes, Clerk And 14�PORI I�'11��'1�1�e corder, Weld Courty, Co mill 14149. KIIANN6 hlkkW 11111 EXHIBIT A - LEGAL DESCRIPTION Swingle Lawn Tree & Landscape Annexation Zoning and Outline Development Plan A PARCEL OF LAND LOCATED IN SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE SOUTH 00024'08" EAST ALONG THE WEST LINE OF THE NORTHWEST 114 OF SECTION 14, A DISTANCE OF 30.00 FEET TO A POINT; THENCE SOUTH 90100'00" EAST A DISTANCE OF 60.00 FEET TO.A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 90"00'00" EAST A DISTANCE OF 750.02 FEET TO A POINT; THENCE SOUTH 00024'04" EAST A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 22; THENCE CONTINUING SOUTH 00024'04" EAST A DISTANCE OF 263.60 FEET TO A POINT; THENCE NORTH 72021'43" WEST A DISTANCE OF 21.39 FEET TO A POINT; THENCE ALONG A CURVE WITH A RADIUS OF 345.00 FEET, DELTA OF 19°24'05", ARC LENGTH OF 116.82 AND BEARING NORTH 82003'46" WEST A DISTANCE OF 116.27 FEET TO A POINT; THENCE SOUTH 88014' 12" WEST A DISTANCE OF 169.41 FEET TO A POINT; THENCE ALONG A CURVE WITH A RADIUS OF 290.00 FEET, DELTA OF 16025'32", ARC LENGTH OF 83.14 AND BEARING NORTH 83033'02" WEST A DISTANCE OF 82.85 FEET TO A POINT; THENCE NORTH 75020'16" WEST A DISTANCE OF 13.06 FEET TO A POINT; THENCE ALONG A CURVE WITH A RADIUS OF 125.00 FEET, DELTA OF 28-28-15", ARC LENGTH OF 62.11 AND BEARING NORTH 61006'08" WEST A DISTANCE OF 61.48 FEET TO A POINT; THENCE NORTH. 46052'01" WEST A DISTANCE OF 54.98 FEET TO A POINT; THENCE ALONG A CURVE WITH A RADIUS OF 115.00 FEET, DELTA OF 21-06,34", ARC LENGTH OF 42.37 AND BEARING NORTH 57025'18" WEST A DISTANCE OF 42.13 FEET TO A POINT; THENCE NORTH 67058'35" WEST A DISTANCE OF 41.60 FEET TO A POINT; THENCE ALONG A CURVE WITH A RADIUS OF 155.00 FEET, DELTA OF 20°24'54", ARC LENGTH OF 55.23 AND BEARING NORTH 78011'02" WEST A DISTANCE OF 54.94 FEET TO A POINT; THENCE NORTH 88°23'29" WEST A DISTANCE OF 129.51 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST 1-25 FRONTAGE ROAD; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF EAST 1-25 FRONTAGE ROAD NORTH 00°24'08" WEST A DISTANCE OF 113.19 FEET TO A POINT; THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD NORTH 00024'08" WEST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 164,128 SQUARE FEET OR 3.77 ACRES, MORE OR LESS. 4140881 Pages: 4 of 4 09/10/2015 10:59 All R Fee:$26.00 Carly Koppes, Clerk and Recorder, Weld County, CO EXHIBIT B Swingle Lawn Tree & Landscape Annexation Conditions of Approval Zoning and ODP Add a note to the ODP that clarifies light manufacturing, assembly and warehouse are permitted uses within the existing building. Also, add a note that clarifies that outdoor storage uses are permitted only on the western area of the property and on the east side of the existing building 2. Add a note to the ODP that the outdoor storage uses will need to be reestablished with any future amendment to this ODP. 3. Revise ODP to address Town Engineer comments not related to the new access point. 4 4133398 Pages. 1 of 4 08/13/2015 10:18 AM R Fee:$26.00 Carly Koppes, Clerk and Recorder, Weld County, CO ORDINANCE NO �-ft?2 AN ORDINANCE APPROVING A REZONING AND OUTLINE DEVELOPMENT PLAN AMENDMENT FOR LOT 1 OF THE BOOTH FARM SUBDIVISION WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a rezoning and Outline Development Plan ("ODP") amendment for certain property consisting of approximately 19.56 acres, which property is known as Lot 1 of the Booth Farm Subdivision; and WHEREAS, all materials related to the proposed rezoning and ODP amendment have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, at which the applicant and other interested persons presented testimony to the Commission and at which a number of documents were made a park of the record, and recommended approval of the application with conditions; and WHEREAS, the Board of Trustees considered the proposed rezoning and ODP amendment at a duly noticed public hearing held on April 22, 2015; and WHEREAS, the Board of Trustees finds that the proposed rezoning and ODP amendment is consistent with the Town's plan for the area and that the applicant has demonstrated that the proposed rezoning and ODP amendment meets the applicable criteria of the Town's ordinances and Development Regulations; and WHEREAS, the Board of Trustee s.finds that the proposed rezoning and ODP amendment should be approved subject to certain conditions; and WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado hereby approves the proposed rezoning from Planned Unit Development Residential-B (PUD R-B) to Planned Unit Development with Residential-C and (PUD R-C) and Neighborhood Commercial (PUD-NC) land uses and outline development plan amendment for Lot 1 of the Booth Farm Subdivision, the legal description of which property is set forth in Exhibit A, attached hereto and incorporated herein by 4133398 Pages: 2 of 4 08/13/2015 10;18 AM R Fee;$26.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill KFAR. WNW V. CAME IA IWW41),1I 111 reference, subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by reference. The Town zoning map shall be amended accordingly. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 22"d day of April, 2015. k��ES 7pH� .f TOWN �t ATTEST: rn SEAL o 0 Q&issa Medina Town Clerk Paul Sorensen, Mayor 4/22/2015 10.43 AM [kink] R:1PGesionelSubdivisions\BoothFann Lot 1 ODP (Firestone Apts) 2015 713 ord.doc W J 41133398 Pages: 3 of 4 08l13l2015 10:18 AM R Fee'$26.00 Carly Koppe5, Clerk and Recorder, Weld Coun1Y, CO IIIII r1� 'I�k�`Ifi�l h 4l F-AWAA el111 EXHIBIT A Rezoning/ODP Amendment Lot 1, Booth Farm Subdivision LOT 1 BOOTH FARM SUBDIVISION (FIRESTONE APARTMENTS) ODP LEGAL DESCRIPTION LOT 1 OF THE BOOTH FARM MINOR SUBDIVISION PLAT RECORDED ON APRIL 19, 2001 AT THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO.2842090, GENERALLY LOCATED IN THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6T" PRINCIPLE MERIDIAN, TOWN OF FIRESTONE, WELD COUNTY, COLORADO. CONTAINING A TOTAL AREA OF 19.56 ACRES, MORE OR LESS. N V 4133398 Pages: 4 of 4 08/13/2015 10:18 AM R Fee:$26,00 Carly Koppes, Clerk and Recorder, Weld County, CO mill 144���� ��3, �'�� 1I II1 EXHIBIT B Rezoning/ODP Amendment Conditions of Approval Lot 1, Booth Farm Subdivision Revise the second paragraph of the Project Concept text to read as follows: "The site is currently zoned PUD as a Residential B (R-B PUD), but is shown on the Town's Master Plan as high density -residential." 2. In the Land Use and Zoning text, first sentence, replace the words "will be" with "is zoned". Also delete the word "zoned" in the same sentence. 3. In the Land Use and Zoning text, item l .d. delete all the text after the word "Multi -family" on the first line. 4. In the Building Height text, add the following statement: `Building Height measurements are as defined the Firestone Development Regulations." 5. Revise the first sentence of the Development Schedule text to read as follows: "The site -may is planned to be developed in multiple phases." 6. Revise the second bullet in the Development Schedule text to read as follows: "Subsequent phases include passible daycare center on the 1.67 ac NC PUD and an expansion of the apartment complex on the 3.10 AC R-C PUD depending on market eenditions, T.a,.,, of Firestone The daycare center will be subject to such limitations as set forth in the Preliminary Development Plan and Final Development Plan „for the property." 7. Revise the Private Maintenance and Enforcement text to read as follows: "All proposed common park / recreation areas, site amenities, and landscaping shall be privately owned and maintained pursuant to the approved Final Development Plan." S. Provide a signed Development Application. 9. Submit an updated title commitment, dated no later than one month prior to recording final documents. 10, Address Town Engineer comments and redlines. 11. Remove references to mini -warehouse land uses in the R-C land use category and in the Development Schedule section. 4 ORDINANCE NO. ADKC AN ORDINANCE AMENDING SECTION 13.11.040 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE TOWN'S STORMWATER UTILITY SERVICE FEES WHEREAS, the Town of Firestone (the "Town") operates a municipal stormwater system; and WHEREAS, pursuant to the state law and the Firestone Municipal Code, the Board of Trustees is authorized to ftx, establish, maintain and provide for the collection of rates, fees, and charges for stormwater utility services furnished by the Town; and WHEREAS, after review and analysis of the costs of operating and maintaining the Town's stormwater system, including completion of a stormwater rate study, and in consideration of increases in the costs of operating, maintaining and improving the Town's stormwater system, the Board of Trustees has determined that amendments to the manner in which stormwater rates, fees, and charges are assessed are necessary; and WHEREAS, the current stormwater utility service fees do not adequately provide for the capital needs and operations of the Town's stormwater system; and WHEREAS, the Board of Trustees by this Ordinance desires to amend Section 13.11.040 of the Firestone Municipal Code concerning stormwater utility service fees; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsections A, D and E of Section 13.11.040 of the Firestone Municipal Code are hereby repealed and reenacted to read as follows with subsections B, C, F, G and H to remain the same: 13.11.040. Stormwater utility service fee. A. Fee established. There is hereby imposed on the owner of each and every lot or parcel of land within the town a stormwater utility service fee (the "service fee"). The amount of such service fee shall be as set by resolution of the board of trustees from time to time, and shall include an "undeveloped base service fee" and a "developed service fee" as follows: 1. Undeveloped Base Service Fee. An undeveloped base service fee shall be imposed on the owner of each and every lot or parcel of land within the town, except as provided in subsection C, until the time the property begins development. 2. Developed Service Fee, A developed service fee shall be imposed on the owner of each and every lot or parcel of land containing an impervious surface, except as provided in subsection C. D. How fee collected. The service fee shall be billed and collected monthly for all fee classifications. The service fee shall be billed and collected with the town water bill or, in the event the lot or parcel is not served under a water account, then by separate billing. All billings and notices regarding the service fee shall be effective upon mailing said billing or notice to the address of the property that is being served or to the last known address of the property owner of the property being served as shown in the most current of the records of the town or county assessor. Regardless of the person to whom the bill is initially directed, the owner of the property is ultimately responsible for the payment of the service fee. All services fees are due upon the date stated in the bill. Failure to receive a bill is not a defense to nonpayment. E. Fee classifications. For purposes of imposing the stormwater service fee, all lots and parcels within the town are classified into the following two classes: (1) single-family detached and duplex attached residential; and (2) commerciallindustrial/multi-family/irrigation. Said two classes are to be further classified as developed or undeveloped, and lots are to be further classified by lot size. The director is directed to prepare a list of lots and parcels within such classifications and assign thereto the appropriate fee. Section 2. If any portion of this ordinance is held to be invalid for any reason, such decisions shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. This Ordinance shall take effect on July 1, 2015. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 22nd day of April, 2015. owr� ''� m S�° s! O :Q �s P Q p� oe'N7- pp� a ' a e ina, Town Clerk T OF FIRESTONE, COLORADO Paul Sorensen Mayor 4149331 Pages: 1 of 3 10/12/2015 04:05 PM R Fee:$21.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill MCI IW AIR11:1101M 1A1lQ1Y:X1liX Q ORDINANCE NO. U�O AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING AN ANNEXATION AGREEMENT FOR THE BAREFOOT LAKES ANNEXATION AND A DEVELOPMENT AND VESTED RIGHTS AGREEMENT FOR THE BAREFOOT LAKES PROPERTY PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., AND AUTHORIZING EXECUTION OF SUCH AGREEMENTS WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Barefoot Lakes Annexation, has been filed with the Town Board of Trustees of the Town of Firestone ("Town"); and WHEREAS, in connection with such proposed annexation, the Town has determined to enter into an Annexation Agreement ("Annexation Agreement") with Barefoot LLC ("Barefoot") and St. Vrain Lakes Metropolitan District Nos. 1 through 4 ("District") (Barefoot and District are collectively referred to herein as "Owner"), which addresses certain development matters, including but not limited to required dedications, impact fees, and public improvements to serve the property, and contemplates a regional recreation center proposed to be located on the property, all as set forth in the Annexation Agreement; and WHEREAS, C.R.S. §§24-68-104(2) development agreements with landowners to exceeding three years; and authorizes local governments to enter into provide vested property rights for a period WHEREAS, the Town has further determined to enter into a Development and Vested Rights Agreement ("Development Agreement") with Owner for property commonly referred to as Barefoot Lakes, establishing a vested property right, and further finds and determines that vesting of property rights under the Development Agreement for a period exceeding three years is warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles, and market conditions; and WHEREAS, all notices required for the public hearing(s) at which the Annexation Agreement, Development Agreement, and this ordinance have been considered by the Town were properly and timely published, posted and/or mailed in accordance with all applicable laws, and such public hearing(s) were held in accordance with all applicable laws; and WHEREAS, the effectiveness of the Development Agreement is conditioned upon the recordation in the real property records of Weld County, Colorado of the annexation ordinance and annexation map for the Barefoot Lakes Annexation. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Y10 4149331 Pages: 2 of 3 10/12/2015 04:05 PIS R Fee:$21.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill WIN91 P AIy & INJ MOW, Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated as findings of the Board of Trustees. Section 2. The Annexation Agreement, a copy of which accompanies this ordinance and is on file with the Town Clerk for the Town of Firestone, is hereby approved. Section 3. The Development Agreement, a copy of which accompanies this ordinance and is on file with the Town Clerk for the Town of Firestone, is hereby approved. Section 4. All actions heretofore taken (not inconsistent with the provisions of this ordinance) by the Board of Trustees of the Town and other officers, employees and agents of the Town in connection with the Development Agreement and the implementation of the provisions thereof are hereby ratified, approved and confirmed. Section 5. In accordance with the Development Agreement approved by this ordinance, the Outline Development Plan (approved with conditions by Ordinance No. 53v- , is hereby designated the approved site specific development plan for the property described in the Development Agreement, establishing a vested property right as and to the extent set forth in the Development Agreement and pursuant to C.R.S. § 24-68-101, et seq., and Chapter 17.42 of the municipal code of the Town as implemented in the Development Agreement. Section 6. The Mayor and Town Clerk are hereby authorized to execute the Annexation Agreement and the Development Agreement on behalf of the Town, on the condition that both the Annexation Agreement and Development Agreement are first executed by Owner; provided, however, that the Mayor is hereby further granted the authority to negotiate and approve such revisions to the Annexation Agreement or Development Agreement, or both, as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Annexation Agreement and Development Agreement are not altered. Section 7. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Provisions of the Annexation Agreement and the Development Agreement shall control with respect to those matters arising under the Town's ordinances that are expressly addressed in such Agreements. Section 8. Within 14 days after the passage of this ordinance a notice shall be published in the designated newspaper for legal publications of the Town that advises the public of (a) the approval of a site specific development plan and creation of a vested property right, (b) the general type and intensity of uses approved in the site specific development plan and a reference to this ordinance, and (c) the description of the subject property which shall include a legal description and a vicinity description by reference to the adjacent or nearest road intersection. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN NULL this 27`h day of May, 2015. 2 um 4149331 Pages: 3 of 3 10/12/2015 04:05 Pit R Fee:$21.00 Carly Koppes, Clerk and Recorder, Weld County, CO Mill l�P1R�� «� �In�Ct{11",li 4��4�11�1�ry�1 MI ill TOWN OF FIRESTONE, COLORADO Pau Sorensen, Mayor ATTEST: rr TOWN10 � rn i SEAL # ❑ coo - 1;::L* vNTY, � Carissa Medina, Town Clerk 5I2212015 928 AM [kmk] R:SFirestoneVumexationlBarcfoot Lakes\Ordinance Annexation and Vesting Ageemenis,doc 4149329 Pages: 1 of 7 10/12/2015 04:05 PM R Fee:$41.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill W1FAI rKPIUM A1110 F64INIV1110141 11111 ORDINANCE NO. AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE BAREFOOT LAKES ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Barefoot Lakes Annexation and described in Exhibit A attached hereto, has been Bled with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on May 27, 2015 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published April 27 and May 4, 11 and 18, 2015 in the Times -Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation in accordance with the applicable laws of the State of Colorado, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of C.R.S. §§ 31-12-107(1)(g),-110(2) or 112, C.R.S. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Barefoot Lakes Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 27`h day of May, 2015. TO S1O,�� �TOWN OF FIRESTONE, COLORADO r7 W1V • .o i� f8� Paul Sorensen, Mayor Cyo�NTY �o�oa,� 4149329 Pages: 2 of 7 10/12/2015 04:05 PM R Fee:$41.00 Carly Koppes, Clerk and Recorder, Weld County, CO MIII PipjNl «'I10i'I1PILI&I AP 11& 11'1JVAUNIJA441 tl III ATTE U+ Canis edina, Town Clerk 5114R015 11:17 AM [kmkl R:Tih toneV mmexalion\B=fuot Lakes. -.exam Otdina .do 4149329 Pages: 3 of 7 10/12/2015 04:05 PM R Fee:$41.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill WIF01l10f'hV91 MA,�N""J'AipIN-11141A1lIll EXHIBIT A - LEGAL DESCRIPTION Barefoot Lakes Annexation A PARCEL OF LAND LOCATED IN SECTIONS 25, 35 AND 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25 AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 TO BEAR SOUTH 00019119" EAST, A DISTANCE OF 2,647.60 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 17035'14" WEST, A DISTANCE OF 97.56 FEET TO A POINT ON THE WESTERLY PRESCRIPTIVE RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND A POINT ON THE WESTERLY BOUNDARY OF FIRESTONE NORTH ANNEXATION AS RECORDED UNDER RECEPTION NO. 4076118 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER'S OFFICE AND THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY AND SAID WESTERLY BOUNDARY, SOUTH 00-19'19" EAST, A DISTANCE OF 2555.65 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 AND A POINT ON THE NORTHERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER 1606745, IN SAID RECORDS; THENCE ALONG THE BOUNDARIES OF SAID PARCEL OF LAND THE FOLLOWING THREE (3) COURSES; 1. DEPARTING SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY AND SAID WESTERLY BOUNDARY, SOUTH 88045'03" WEST, ALONG SAID NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25, A DISTANCE OF 484.00 FEET; 2, SOUTH 00"25'49" EAST, A DISTANCE OF 450.00 FEET,- 3. NORTH 88045'03" EAST, A DISTANCE OF 484.00 FEET TO A POINT ON THE WESTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AND SAID WESTERLY BOUNDARY OF FIRESTONE NORTH ANNEXATION; THENCE ALONG SAID WESTERLY BOUNDARY OF FIRESTONE ANNEXATION THE FOLLOWING SIX (6) COURSES: 1. ALONG SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY, SOUTH 00025'49" EAST, A DISTANCE OF 691.80 FEET; 2. DEPARTING SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY, SOUTH 89034'11" WEST, A DISTANCE OF 1,800.00 FEET; 3. SOUTH 00025'49" EAST, A DISTANCE OF 540.00 FEET; 4. NORTH 89'34'11" EAST, A DISTANCE OF 1,800.00 FEET TO A POINT ON SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13; 5. ALONG SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY, SOUTH 00°25'49" EAST, A DISTANCE OF 972.15 FEET; 4149329 Pages: 4 of 7 10/12/2015 04:05 PM R Fee:$41.00 Carly Koppes, Clerk and Recorder, Weld County, CO III !l1��rIMlWti I IIFIkIr,I UINUIRWIi1 ��r el 111 6. CONTINUING ALONG SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY, SOUTH 00°14'22" EAST, A DISTANCE OF 1,325.58 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE ALONG SAID SOUTH LINE, SOUTH 88029'41" WEST, A DISTANCE OF 2,602.28 FEET TO THE CENTER NORTH SIXTEENTH CORNER OF SAID SECTION 36; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, SOUTH 00°19'03" EAST, A DISTANCE OF 1,326.34 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 36; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, SOUTH 88°2944" WEST, A DISTANCE OF 1,323.13 FEET TO THE CENTER WEST SIXTEENTH CORNER OF SAID SECTION 36; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, SOUTH 00-17-20" EAST, A DISTANCE OF 1,335.11 FEET TO THE SOUTHWEST SIXTEENTH CORNER OF SAID SECTION 36; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, SOUTH 88°21'56" WEST, A DISTANCE OF 1,323.94 FEET TO THE SOUTH SIXTEENTH CORNER OF SAID SECTION 35; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35, SOUTH 89015'43" WEST, A DISTANCE OF 522.99 FEET TO THE NORTHEAST CORNER OF SUBDIVISION EXEMPTION NO. 741 AS RECORDED AT RECEPTION NUMBER 2669206, IN SAID RECORDS; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID SUBDIVISION EXEMPTION NO. 741 THE FOLLOWING TWO (2) COURSES: 1. SOUTH 72040'05" WEST, A DISTANCE OF 825.83 FEET; 2. SOUTH 66034'28" WEST, A DISTANCE OF 1,420.78 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE ALONG SAID EAST LINE, NORTH 00°42'02" WEST, A DISTANCE OF 21.71 FEET TO THE NORTHERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 2261418, IN SAID RECORDS; THENCE ALONG THE NORTHERLY BOUNDARY, SOUTH 77043'35" WEST, A DISTANCE OF 2,395.38 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 25 AS DESCRIBED AT RECEPTION NUMBER 3019961, IN SAID RECORDS. - THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE 25 THE FOLLOWING SEVEN (7) COURSES: 1. NORTH 00*01'11" WEST, A DISTANCE OF 119.70 FEET; 2. SOUTH 89058'49" WEST, A DISTANCE OF 114.82 FEET; 3. NORTH 00'01'11" WEST, A DISTANCE OF 186.21 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 3,379.26 FEET; 4, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06-12-52", AN ARC LENGTH OF 366.52 FEET; 4149329 Pages: 5 of 7 10/12/2015 04:05 PM R Fee:$41.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill w1iF.I1 limph1vill IN KMA 51,11140 11111 5. TANGENT TO SAID CURVE, NORTH 06014'03" WEST, A DISTANCE OF 601.98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 3,182.41 FEET; 6. NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05011'20", AN ARC LENGTH OF 288.21 FEET; 7. NON -TANGENT TO SAID CURVE, NORTH 01004'25" WEST, A DISTANCE OF 463.45 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF ST. ACACIUS ANNEXATION NO. 2 TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO. 3187250, IN SAID RECORDS; THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID ANNEXATION THE FOLLOWING SIX (6) COURSES: 1. SOUTH 88045'13" EAST, A DISTANCE OF 82.35 FEET; 2. NORTH 00"11'21" WEST, A DISTANCE OF 379.15 FEET; 3. NORTH 88008'57" EAST, A DISTANCE OF 185.82 FEET; 4. NORTH 00°57'37" WEST, A DISTANCE OF 172.01 FEET; 5. NORTH 82052*03" EAST, A DISTANCE OF 590.67 FEET; 6. NORTH 04018" 0" WEST, A DISTANCE OF 264.11 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF ST. ACACIUS ANNEXATION NO. 1 TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO. 3187249, IN SAID RECORDS; THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID ANNEXATION THE FOLLOWING TWO (2) COURSES: 1. NORTH 89'31'37" EAST, A DISTANCE OF 1,708.18 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; ALONG SAID WEST LINE, NORTH 00°42'02" WEST, A DISTANCE OF 2,327.64 FEET TO A POINT ON A LINE PARALLEL AND 30.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35 SAID POINT BEING ON THE SOUTHERLY BOUNDARY OF WESTRIAN RANCH ANNEXATION TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO. 2937346, IN SAID RECORDS; THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID ANNEXATION THE FOLLOWING THREE (3) COURSES: 1. ALONG SAID PARALLEL LINE, NORTH 89°16'34" EAST, A DISTANCE OF 2,685.60 FEET TO A POINT ON A LINE PARALLEL AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25; 2. ALONG SAID PARALLEL LINE, NORTH 00°12'43" WEST, A DISTANCE OF 2,684.23 FEET TO A POINT ON A LINE PARALLEL AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25; 4249329 Pages: 6 of 7 10/12/2015 04:05 PM R Fee:$41.00 Carly Koppes, Clerk and Recorder, Weld County, Co 1111 FAMN64MV,WU0.3IVI91HK.Li 11111 3. ALONG SAID PARALLEL LINE, NORTH 00013'07" WEST, A DISTANCE OF 519.26 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF LOT A, RECORDED EXEMPTION NO. 1207-25- 2 RE-4103 AS RECORDED UNDER RECEPTION NO. 3303561, IN SAID RECORDS; THENCE ALONG THE SOUTHERLY, EASTERLY AND NORTHERLY BOUNDARIES OF SAID LOT A THE FOLLOWING THREE (3) COURSES: 1. NORTH 88054'53" EAST, A DISTANCE OF 450.00 FEET; 2. NORTH 23022'49" EAST, A DISTANCE OF 282.43 FEET; 3. SOUTH 88054'53" WEST, A DISTANCE OF 563.08 FEET TO A POINT ON ALINE PARALLEL AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25 AND A POINT ON THE EASTERLY BOUNDARY OF SAID WESTRIAN RANCH ANNEXATION; THENCE ALONG SAID PARALLEL LINE AND EASTERLY BOUNDARY, NORTH 00013'07" WEST, A DISTANCE OF 1,788.79 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 66 AS DESCRIBED IN BOOK 1491 AT PAGE 509, IN SAID RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES: 1. NORTH 43050'07" EAST, A DISTANCE OF 70.70 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF COLORADO HIGHWAY 66 ANNEXATION NUMBER FOUR TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO.02301640, IN SAID RECORDS; 2. ALONG SAID ANNEXATION, NORTH 88°49'43" EAST, A DISTANCE OF 1,245.14 FEET TO THE NORTHWEST CORNER OF LOT A, RECORDED EXEMPTION NUMBER 1207-25-2- RE1450 AS RECORDED UNDER RECEPTION NO. 2305632 AND THE NORTHWEST CORNER OF BODA ANNEXATION TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO. 3605618, IN SAID RECORDS; THENCE ALONG THE BOUNDARIES OF SAID LOT AAND SAID BODA ANNEXATION, THE FOLLOWING FIVE (5) COURSES: 1. DEPARTING SAID HIGHWAY 66 ANNEXATION NUMBER FOUR, SOUTH 01°10'17" EAST, A DISTANCE OF 411.50 FEET; 2. NORTH 87041'05" EAST, A DISTANCE OF 196.62 FEET; 3. NORTH 35026'31" EAST, A DISTANCE OF 112.28 FEET; 4. NORTH 34°20'46" EAST, A DISTANCE OF 124.91 FEET; 5. NORTH 14"19'58" EAST, A DISTANCE OF 223.93 FEET TO A POINT ON SAID SOUTHERLY RIGHT- OF -WAY LINE OF STATE HIGHWAY 66 AND THE SOUTHERLY BOUNDARY OF SAID COLORADO HIGHWAY 66 ANNEXATION NUMBER FOUR; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND SOUTHERLY ANNEXATION BOUNDARY, NORTH 88049'43" EAST, A DISTANCE OF 905.29 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 AND TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 66 AS DESCRIBED IN DEED RECORDED IN BOOK 1491 AT PAGE 511, IN SAID RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING THREE (3) COURSES: 4149329 Pages: 7 of 7 10/12/2015 04:05 PM R Fee:$41.00 Carly Koppes: Clerk and Recorder, Weld County, 00 ■lll 1���1�1;'#��'i�' �4��1 � l ��� �l�ti'#M��I`��1� i ��YLr��I ll l 1. ALONG SAID SOUTHERLY ANNEXATION BOUNDARY, NORTH 88049'28" EAST, A DISTANCE OF 2,390.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 11,420.00 FEET; 2. DEPARTING SAID SOUTHERLY ANNEXATION BOUNDARY, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00"50'40", AN ARC LENGTH OF 168.31 FEET; 3. NON -TANGENT TO SAID CURVE, SOUTH 43°43'11" EAST, A DISTANCE OF 68.87 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 1,283.912 ACRES (55,927,211 SQUARE FEET), MORE OR LESS. 4149334 Pages: 1 of 6 10/12/2015 04:05 PM R Fee:$36.00 Carly Koppes, Clerk and Recorder: Weld County, CO 1II1PFAUW'101114,060ill�'r��.Y�Y"i���il �IYir� �IIII ORDINANCE NO.S 11� AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE BAREFOOT LAKES ANNEXATION, AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY WHEREAS, a petition for annexation of certain property, annexed to the Town as the Barefoot Lakes Annexation was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, concurrent with such petition, an application was filed with the Town for approval of a zoning request and Outline Development Plan ("ODP") for such property, which ODP would rezone, amend and supersede the approved Firestone North ODP; and WHEREAS, the Barefoot Lakes property was annexed to the Town by ordinance and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property subject to the initial zoning and rezoning, and for which approval of the Barefoot Lakes ODP has been requested, is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property has requested a Planned Unit Development zoning classification with Residential A (PUD R-A), Residential B (PUD R-B), Residential C (PUD R-C), Neighborhood Center (PUD-NC), Regional Commercial (PUD-RC) and Open Space (PUD-OS) land uses, and has submitted an Outline Development Plan in connection with the zoning and rezoning request; and WHEREAS, the Planned Unit Development zoning classification requested is consistent with the Town's plan for the area encompassed by the Annexation and ODP; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation on the zoning request and Outline Development Plan to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Barefoot Lakes Annexation, together with that certain property known as and shown on the Firestone North Outline Development Plan, the legal description of which is set forth in Exhibit A attached hereto and made a part 4149334 Pages: 2 of 6 10/12/2015 04:05 PM R Fee:$36.00 Carly Koppes, Clerk and Recorder, Weld County: CC BIII NFIAN NNAW111100AWV, I'�'��� ��If1 11111 hereof (the "Property"), is hereby zoned Planned Unit Development Residential A (PUD R-A), Residential B (PUD R-B), Residential C (PUD R-C), Neighborhood Center (PUD-NC), Regional Commercial (PUD-RC) and Open Space (PUD-OS) as shown on the Outline Development Plan, pursuant to the zoning ordinances of the Town and subject to and in accordance with the Barefoot Lakes Outline Development Plan approved by the Board of Trustees, as noted below, and which shall be placed on file with the Town, and the Town zoning trap shall be amended accordingly. Section 2. The Board of Trustees hereby approves the Barefoot Lakes Outline Development Plan. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 27`h day of May, 2015. sToN�SOWS i0 # EAL ATTES • 10LNTY,�GO� Carissa Me ina, Town Clerk 5/19/2015 11:32 AM [kmk] R:TimstoneSAnnexationSar foot Lakes4Zcning Ocd.doc FA TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor 4149334 Pages: 3 of 6 10/12/2015 04:05 PM R Pee:$36.00 Carly Koppel, Clerk and Recorder, Weld County, CO 1111 �FifLIRt�I��C41 f 1K DO: PRIIIou1VfN6Il,111111 EXHIBIT A - LEGAL DESCRIPTION Barefoot Lakes Zoning and Outline Development Plan A PARCEL OF LAND LOCATED IN SECTIONS 25, 35 AND 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25 AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 TO BEAR SOUTH 00019'19" EAST, A DISTANCE OF 2,647.60 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 17035'14" WEST, A DISTANCE OF 97.56 FEET TO A POINT ON THE WESTERLY PRESCRIPTIVE RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY, SOUTH 00019'19" EAST, A DISTANCE OF 2555.65 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 AND A POINT ON THE NORTHERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER 1606745, IN SAID RECORDS; THENCE ALONG THE BOUNDARIES OF SAID PARCEL OF LAND THE FOLLOWING THREE (3) COURSES; 1. DEPARTING SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY AND SAID WESTERLY BOUNDARY, SOUTH 88°45'03" WEST, ALONG SAID NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25, A DISTANCE OF 484.00 FEET; 2. SOUTH 00"25'49" EAST, A DISTANCE OF 450.00 FEET; 3. NORTH 88045'03" EAST, A DISTANCE OF 484.00 FEET TO A POINT ON THE WESTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13; THENCE ALONG SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY, SOUTH 00025'49" EAST, A DISTANCE OF 2203.95 FEET; THENCE CONTINUING ALONG SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY, SOUTH 00-14'22" EAST, A DISTANCE OF 1,325.58 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE ALONG SAID SOUTH LINE, SOUTH 88°29'41" WEST, A DISTANCE OF 2,602.28 FEET TO THE CENTER NORTH SIXTEENTH CORNER OF SAID SECTION 36; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, SOUTH 00-19-03" EAST, A DISTANCE OF 1,326.34 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 36; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, SOUTH 88°29'44" WEST, A DISTANCE OF 1,323.13 FEET TO THE CENTER WEST SIXTEENTH CORNER OF SAID SECTION 36; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, SOUTH 00°17'20" EAST, A DISTANCE OF 1,335.11 FEET TO THE SOUTHWEST SIXTEENTH CORNER OF SAID SECTION 36; 4149334 Pages: 4 of 5 10/12/2015 04:05 PM R Fee:$36.00 Carly Koppes: Clerk and Recorder, Weld County, CC mill INFAI G 1110%MKfAM UJ9, M14.1, 09414 11111 THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, SOUTH 88021'56" WEST, A DISTANCE OF 1,323.94 FEET TO THE SOUTH SIXTEENTH CORNER OF SAID SECTION 35; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35, SOUTH 89015'43" WEST, A DISTANCE OF 522.99 FEET TO THE NORTHEAST CORNER OF SUBDIVISION EXEMPTION NO. 741 AS RECORDED AT RECEPTION NUMBER 2669206, IN SAID RECORDS; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID SUBDIVISION EXEMPTION NO. 741 THE FOLLOWING TWO (2) COURSES: 1. SOUTH 72°40'05" WEST, A DISTANCE OF 825.83 FEET; 2. SOUTH 66034'28" WEST, A DISTANCE OF 1,420.78 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE ALONG SAID EAST LINE, NORTH 00042'02" WEST, A DISTANCE OF 21.71 FEET TO THE NORTHERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 2261418, IN SAID RECORDS; THENCE ALONG THE NORTHERLY BOUNDARY, SOUTH 77-43-35" WEST, A DISTANCE OF 2,395.38 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 25 AS DESCRIBED AT RECEPTION NUMBER 3019961, IN SAID RECORDS; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE 25 THE FOLLOWING SEVEN (7) COURSES: 1. NORTH 00'01'11" WEST, A DISTANCE OF 119.70 FEET; 2. SOUTH 89058'49" WEST, A DISTANCE OF 114.82 FEET; 3. NORTH 00001'11" WEST, A DISTANCE OF 186.21 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 3,379.26 FEET; 4. NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06012'52", AN ARC LENGTH OF 366.52 FEET; 5. TANGENT TO SAID CURVE, NORTH 06°14'03" WEST, A DISTANCE OF 601.98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 3,182.41 FEET; 6. NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0501120", AN ARC LENGTH OF 288.21 FEET; 7. NON -TANGENT TO SAID CURVE, NORTH 01004'25" WEST, A DISTANCE OF 463.45 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF ST. ACACIUS ANNEXATION NO. 2 TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO. 3187250, IN SAID RECORDS; THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID ANNEXATION THE FOLLOWING SIX (6) COURSES: 1. SOUTH 88045'13" EAST, A DISTANCE OF 82.35 FEET; 4149334 Pages; 5 of 6 10/12/2015 04:05 PM R Fee:$36.00 Carly Koppes, Clerk and Recorder, Weld Count ■III1i41�.r�'1d�G+��l�lifid jmilli 2. NORTH 0001121"WEST, A DISTANCE OF 379.15 FEET; 3. NORTH 88008'57" EAST, A DISTANCE OF 185.82 FEET; 4. NORTH 00057'37" WEST, A DISTANCE OF 172.01 FEET; 5. NORTH 82052'03" EAST, A DISTANCE OF 590.67 FEET; 6. NORTH 041810" WEST, A DISTANCE OF 264.11 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF ST. ACACIUS ANNEXATION NO. 1 TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO. 3187249, IN SAID RECORDS; THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID ANNEXATION THE FOLLOWING TWO (2) COURSES: 1. !NORTH 89031'37" EAST, A DISTANCE OF 1,708.18 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; 2. ALONG SAID WEST LINE, NORTH 00042'02" WEST, A DISTANCE OF 2,327.64 FEET TO A POINT ON A LINE PARALLEL AND 30.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35 SAID POINT BEING ON THE SOUTHERLY BOUNDARY OF WESTRIAN RANCH ANNEXATION TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO, 2937346, IN SAID RECORDS; THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID ANNEXATION THE FOLLOWING THREE (3) COURSES: 1. ALONG SAID PARALLEL LINE, NORTH 89016'34" EAST, A DISTANCE OF 2,685.60 FEET TO A POINT ON A LINE PARALLEL AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25; 2. ALONG SAID PARALLEL LINE, NORTH 00°12'43" WEST, A DISTANCE OF 2,684.23 FEET TO A POINT ON A LINE PARALLEL AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25; 3. ALONG SAID PARALLEL LINE, NORTH 00013'07" WEST, A DISTANCE OF 519.26 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF LOT A, RECORDED EXEMPTION NO. 1207-25- 2 RE-4103 AS RECORDED UNDER RECEPTION NO. 3303561, IN SAID RECORDS; THENCE ALONG THE SOUTHERLY, EASTERLY AND NORTHERLY BOUNDARIES OF SAID LOT A THE FOLLOWING THREE (3) COURSES: 1. NORTH 88054'53" EAST, A DISTANCE OF 450.00 FEET; 2. NORTH 23022'49" EAST, A DISTANCE OF 282.43 FEET; 3. SOUTH 88°54'53" WEST, A DISTANCE OF 563.08 FEET TO A POINT ON ALINE PARALLEL AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25 AND A POINT ON THE EASTERLY BOUNDARY OF SAID WESTRIAN RANCH ANNEXATION; THENCE ALONG SAID PARALLEL LINE AND EASTERLY BOUNDARY, NORTH 00013'07" WEST, A DISTANCE OF 1,788.79 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 66 AS DESCRIBED IN BOOK 1491 AT PAGE 509, IN SAID RECORDS; 4149334 Pages: 6 of 6 10/12/2015 04:05 PIT R Fee:$36.0@ Carly Kopoes. Clerk and Recorder, Weld County, Co THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES: 1. NORTH 43050'07" EAST, A DISTANCE OF 70.70 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF COLORADO HIGHWAY 66 ANNEXATION NUMBER FOUR TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO. 02301640, IN SAID RECORDS; 2. ALONG SAID ANNEXATION, NORTH 88049'43" EAST, A DISTANCE OF 1,245.14 FEET TO THE NORTHWEST CORNER OF LOT A, RECORDED EXEMPTION NUMBER 1207-25-2- RE1450 AS RECORDED UNDER RECEPTION NO. 2305632 AND THE NORTHWEST CORNER OF BODA ANNEXATION TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO. 3605618, IN SAID RECORDS; THENCE ALONG THE BOUNDARIES OF SAID LOT A AND SAID BODA ANNEXATION, THE FOLLOWING FIVE (5) COURSES: 1. DEPARTING SAID HIGHWAY 66 ANNEXATION NUMBER FOUR, SOUTH 01°10'17" EAST, A DISTANCE OF 411.50 FEET; 2. NORTH 87041'05" EAST, A DISTANCE OF 196.62 FEET; 3. NORTH 35026'31" EAST, A DISTANCE OF 112.28 FEET; 4. NORTH 34020'46" EAST, A DISTANCE OF 124.91 FEET; 5. NORTH 14019'58" EAST, A DISTANCE OF 223.93 FEET TO A POINT ON SAID SOUTHERLY RIGHT- OF -WAY LINE OF STATE HIGHWAY 66 AND THE SOUTHERLY BOUNDARY OF SAID COLORADO HIGHWAY 66 ANNEXATION NUMBER FOUR; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND SOUTHERLY ANNEXATION BOUNDARY, NORTH 88049'43" EAST, A DISTANCE OF 905.29 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 AND TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 66 AS DESCRIBED IN DEED RECORDED IN BOOK 1491 AT PAGE 511, IN SAID RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING THREE (3) COURSES: 1. ALONG SAID SOUTHERLY ANNEXATION BOUNDARY, NORTH 88°49'28" EAST, A DISTANCE OF 2,390.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 11,420.00 FEET; 2. DEPARTING SAID SOUTHERLY ANNEXATION BOUNDARY, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00050'40", AN ARC LENGTH OF 168.31 FEET; 3. NON -TANGENT TO SAID CURVE, SOUTH 43043" 1" EAST, A DISTANCE OF 68.87 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 1,306.226 ACRES (56,899,212 SQUARE FEET), MORE OR LESS. ORDINANCE NO. ql3 AN ORDINANCE AMENDING SECTION 2.44.090 OF THE FIRESTONE MUNICIPAL CODE CONCERNING THE SALARIES OF THE PRESIDING AND ASSOCIATE MUNICIPAL JUDGES AND THE COURT CLERK WHEREAS, pursuant to C.R.S. §§ 13-10-107(1) and -108, the Board of Trustees is authorized to provide by ordinance for the salaries of the municipal judges and court clerk; and WHEREAS, the Board of Trustees desires to amend the Firestone Municipal Code to allow the salaries of the presiding judge, associate judges and municipal court clerk to be approved by a non -codified ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.44.090 of the Firestone Municipal Code is hereby amended in its entirety to read as follows (words to be added are underlined; words to be deleted are 2.44.090 Salaries. .. The salaries of the presiding municipal judge, associate -judges, and municipal court clerk shall be set from time to time by ordinance of the Board of Trustees. Section 2. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of , 2015. ATTEST: _ SEA o c0 ...... G� o Ced%Aa, Town Clerk 2 TOWN OF FIRESTONE, COLORADO a -- Paul Sorensen, Mayor ORDINANCE NO. '? `t `T AN ORDINANCE SETTING THE SALARIES OF THE PRESIDING AND ASSOCIATE MUNICIPAL JUDGES AND THE COURT CLERK WHEREAS, pursuant to C.R.S. §§ 13-10-107(1) and -108 and Section 2.44.090 of the Firestone Municipal Code, the Board of Trustees is authorized to provide by ordinance for the salaries of the municipal judges and court clerk; and WHEREAS, the Board of Trustees desires to set the salaries of the presiding judge and associate judges and court clerk by ordinance from time to time; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The salary of the presiding municipal judge shall be payable on a monthly basis at $1,000.00 per month for each month of service during which he or she presides over one court session and $1,800.00 for each month of service during which he or she presides over more than one court session, subject to any applicable deductions. The salary of each associate judges duly appointed by the board of trustees shall be $500.00 per court session presided over, and where such court session exceeds four (4) hours, $125.00 for each hour in excess of four (4).hours, subject to any applicable deductions. Section 2. The salary of the municipal court clerk for the performance of municipal court duties shall be an amount not to exceed $40,000.00 per year, payable in biweekly installments and subject to any applicable deductions. Section 3. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, ,READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of , 2015. r a SEA i o a ATTEST: i Q o 10�NrY, ariss a, Tow erk TOWN OF FIRESTONE, COLORADO — T��- nma— Paul Sorensen, Mayor f 4 4146136 Pages: 1 of 4 09/30/2015 09:19 AM R Fee:$26.00 Carly � ppes, Clerk rand Recorder, Weld County, , G mill ! AI RSV lr� 41 i F I' 1�'�iN L iR K111,1141 11111 ORDINANCE NO. OT-5 AN ORDINANCE APPROVING THE VACATION OF A PORTION OF THE PLATTED RIGHT -OF WAY FOR PANORAMA AVENUE WITHIN THE SADDLEBACK FIRST FILING SUBDIVISION WHEREAS, by the plat of the Saddleback First Filing subdivision to the Town of Firestone, recorded with the Weld County Clerk and Recorder on June 30, 2005 at Reception No. 3299165, ("Saddleback First Filing Plat"), there was dedicated right-of-way for Panorama Avenue; and WHEREAS, the Board of Trustees has determined that a small portion of the Panorama Avenue right-of-way, the legal description of which is set forth in Exhibit A, is not needed by the Town for the Panorama Avenue roadway; and WHEREAS, the Town desires to vacate its interest in that portion of the Panorama Avenue right-of-way described in Exhibit A and as shown on Exhibit B; and WHEREAS, the Board of Trustees has determined that Town's interests in that portion of the Panorama Avenue right -of way to be vacated by this Ordinance are not being used or held for park purposes or for any other governmental purposes; and WHEREAS, the Board of Trustees has therefore determined that it is appropriate to vacate the Town's interests in that portion of the Panorama Avenue right-of-way described in Exhibit A as provided in Sections 1 and 2 of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subject to the provisions of Section 2 hereof, the Board of Trustees of the Town of Firestone hereby vacates all of the Town's interest in and to that portion of the Panorama Avenue right-of-way described in Exhibit A, attached hereto and incorporated herein by reference, which right-of-way was dedicated by the Saddleback First Filing subdivision plat for use as a public roadway. Title to the land described in Exhibit A shall vest upon vacation as set forth in C.R.S. § 43-2-302 Section 2. Easements for existing public utilities, if any, shall not be altered or amended by virtue of this ordinance. Section 3. The Mayor is authorized to execute such additional documents as may be necessary to evidence the vacation affected by this Ordinance. Section 4. All other ordinances or portions thereof inconsistent or in conflict with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. j rages: 2 of Q 4146136 F 0 AM R ee:$26eld CQunkY CO 09/30/2015 Clerk and Rgp°%yl ��� Carly KOPPes' 17 Ell '�����fo��,������1� + INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this L'�^ day of 2015, .11 ATTEST: Carissa Medina Town Clerk 2 TOWN OF FIRESTONE, COLORADO Paul Sorensen Mayor 4146136 Pages: 3 of 4 09/30/2015 09:19 AM R Fee:$26.00 Carly Koppes, Clerk. and Recorder, Weld County, CO oil RIPJFir, VNIT1 4'J AN IC INkO IV klh IIII I EXHIBIT A PARCEL DESCRIPTION A parcel of land, being a part of Right of Way (ROW) of Panorama Avenue and Peakvicw Avenue as shown on the plat of Saddleback First Filing as recorded June 30, 2005 as Reception No. 3299165 of the Records of Weld County, located in the Northeast Quarter (NEI/4) of Section Nineteen (19), Township Two North (T. 2N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.). Town of Firestone, County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Westerly corner of Outlot C of said Saddleback First Filing and assuming the Southerly line of said Outlot C as bearing South 57155' 19" East a distance of 205.77 feet and with all other bearings contained herein relative thereto; THENCE North 34°27'54" East along the Westerly line of said Outlot C a distance of 13.74 feet to the POINT OF BEGINNING; Thence along the Westerly boundary of said Saddleback First Filing the following two courses: THENCE North 34°27'54" East a distance of 58.00 feet; THENCE North 70°41'54" East a distance of 50.07 feet; THENCE South 29°52'22" West a distance of 99.63 feet to the Northeasterly line of said Outlot C; Thence along the Northeasterly lines of said Outlot C the following two courses: THENCE North 53°16'54" West a distance of 23.23 feet; THENCE North 55°32'06" West a distance of 14.36 feet to the POINT OF BEGINNING. Said described parcel of land contains 2,714 Square Feet or 0.062 Acres, more or less (7b), and may be subject to any rights -of -way or other easements of record or as now existing on said described parcel of land. SURVEYORSSTATEMENT I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel Description was prepared under my personal supervision and checking, and that it is true and correct to the best of m and belief. 1, 0 LAC ,o 383a8 g : q.zs,�o946, Steven Parks - on belit Colorado Licensed Pro Land Surveyor #38348 KING SURVEYORS, LLC. 650 Garden Drive Windsor, Colorado 80550 (970)686-5011 LLC. WA2010337-ANDESCRIPTIONSIROW EXHIBIT.daa Page I of2 PARCEL EXHIBIT I EXHIBIT B NE1/4 SECTION 19, T.2N., R.67W. PAGE 2 OF 2 rE +� 0) PARCEL 2,714 SQ.ff. \ 0.062 ACRES ryry / D� BEGOF INNNING N55'32'06"W ry°j 14.36' ham. POINT OF COMMENCEMENT p N53'16 54 W 23.23 C' F �y, NOTE: This exhibit drawing is not intended to be a man umanted land survey. It's sole purpose is as a graphic representation to aid in the visualization of the written property description which it accompanies. The written property description supersedes the exhibit drawing. 0 /C O 3 348 2013 ,5 20 10 0 20 Steven Parks — On ,�f eyors Colorado Licensed Profe "—_ Land Surveyor #38348 1 20• KING SURVEYORS PROJECT N4:2010337--A DATE: 9-24-2013 650 E. Garden Drive I Windsor, Colorado 80550 CLIENT: MSP phone. (970) 686-5011 1 fax: (970) 686-5821 DWG:EXHIBIT ,vww.kingsurveyors.com DRAWN: SIP CHECKED: SIP ORDINANCE NO. MO AN ORDINANCE AMENDING THE FIRESTONE MUNCIPAL CODE TO REPLACE ALL REFERENCES TO THE TERM "DIRECTOR OF FINANCE" WITH THE TERM "DIRECTOR OF CORPORATE SERVICES" AND TO ALLOCATE PRIOR RESPONSIBILTIES OF THE DIRECTOR OF FINANCE TO THE DIRECTOR OF CORPORATE SERVICES WHEREAS, the Board of Trustees desires to amend the Firestone Municipal Code to remove the term "director of finance" and replace it with the term "director of corporate services" to delegate all prior responsibilities of the director of finance to the director of corporate services of such director's designee; WHEREAS, there are references to the director of finance in a number of sections of the Firestone Municipal Code; and WHEREAS, the Board of Trustees further desires to amend the Firestone Municipal Code to replace all references to the term "director of finance" or "finance director" with the term "director of corporate services;" NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection A of Section 3.24.080 of the Firestone Municipal Code is hereby amended in its entirety to read as follows (words to be added are underlined; words to be deleted are striolo eugk): 3-24-080 Existing tax revenue sources unaffected. A. It is an overriding consideration and determination of the Board of Trustees that existing sources of Town sales tax and fee revenues shall not be used, impaired or otherwise affected by the BAP. Therefore, it is conclusively determined that only enhanced sales taxes and fees generated by the properties or businesses described in an approved BAP application shall be subject to division properties or businesses described in an approved BAP application shall be subject to division under the BAP. It shall be the affirmative duty of the Finan e Dire Town's Director of Corporate Services or his or her designee ef-then to collect and hold such enhanced sales taxes and fees to be shared in a separate account apart from the sales taxes and fees generated by and collected from other sources in the Town and to provide an accounting system which accomplishes the overriding purpose of this Chapter. It is conclusively stated by the Board of Trustees that this Chapter would not be adopted or implemented but for the provision of this Section. Section 2. Subsection A of Section 13.11.020 of the Firestone Municipal Code is hereby amended in its entirety to read as follows (words to be added are underlined; words to be deleted are StFWWA thret g4): 13.11.020 Definitions. A. "Director" means the dir-eeter of fina ee director of corporate services of the town or such person's designee. Section 3. Section 13.24.160 of the Firestone Municipal Code is hereby amended in its entirety to read as follows (words to be added are underlined; words to be deleted are str-ieken thf Ough) 13.24.160 Payment schedule. Unless otherwise specifically provided herein, payment of the franchise fee accruing after the effective date of this Agreement shall be made in monthly installments not more than twenty days following the close of the month for which payment is to be made for the franchise fees resulting from the sale of electricity. Initial and final payments shall be prorated for the portions of the month at the beginning and end of the term of this Agreement. All payments shall be made to the Town in care of the Direet$r of Finance Director of Coworate Services. or his or her designee. All payments shall be accompanied by an accounting detailing how the payment amount was calculated, which accounting shall include a statement of those amounts of money that United Power billed for the sale of electricity to residents within the Town; and showing the net taxable amount and the franchise fees billed. Section 4. The Firestone Municipal Code is hereby amended such that all references therein to the term "director of finance" are changed to the term "director of corporate services," and the Board of Trustees hereby directs the codifier of the Firestone Municipal Code to prepare such revision and supplements to the Firestone Municipal Code as are necessary or appropriate to effect such amendment. Section 5. The Firestone Financial Policies Handbook is hereby amended such that all references therein to the term "director of finance" are changed to the term "director of corporate services," and the Board of Trustees hereby directs the Town Staff to prepare such revisions and supplements to the Firestone Financial Policies Handbook as are necessary or appropriate to effect such amendment. Section 6. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. 2 Section 7. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 12th day of August, 2015. TOWN OF FIRESTONE, COLORADO I )a &ru'- Paul Sorensen, Mayor 3 ORDINANCE NO. Oq4` AN ORDINANCE AMENDING ORDINANCE NO. 766 GRANTING A NON-EXCLUSIVE FRANCHISE TO UNITED POWER, INC. WHEREAS, through Ordinance No. 766 passed by the Board of Trustees on January 13, 2011, the Town of Firestone previously granted to United Power, Inc. a non-exclusive franchise agreement to furnish, sell and distribute electricity within the Town, and such ordinance was codified in Chapter 13.24 of the Firestone Municipal Code; and WHEREAS, the Town and United Power, Inc. desire to amend such Ordinance 766 in order to authorize the use of undergrounding funds on other electric projects mutually agreed upon by the Parties; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 8.2 of Ordinance 766 is hereby amended read as follows (words added are underlined; words deleted are strie en 8.2 Overhead Conversion of Electrical Lines. United Power agrees to allocate an annual amount, equivalent to one and one-half percent (1- 1/2%) of the preceding calendar year's Revenues derived from customers within the Town, for the purpose of undergrounding United Power's existing overhead electric distribution facilities within the Town, at the expense of United Power, as requested by the Town (the "undergrounding Funds"). Any unexpended portion of the one -and -one-half percent (1- 1/2%) revenues shall be carried over to succeeding years. Until three (3) years from the conclusion of this Agreement and upon request by the Town, United Power agrees to anticipate amounts to be available for up to three (3) years in advance to be used to underground its overhead distribution facilities, as requested by the Town. Any amounts so advanced shall be credited against amounts to be expended in succeeding years until such advance is eliminated. United Power shall only utilize Undergrounding Funds for projects for which it has received written approval from the Town. Except as provided in Section 6.10(G) no relocation expenses which United Power would be required to expend pursuant to Article 6 of this Franchise Agreement shall be charged to this allocation. United Power shall not withhold approval of the plans of the Town except where essential for safety, or protection of the operating integrity of United Power's electric system. If, after any and all undergrounding of United Power lines has taken place and no more United Power overhead lines remain in the Town, there are any Undergrounding Funds remaining, or, if at any time the Town and United Power mutually agree in writing, s►" Undergrounding Fuunds may be used by the Town for other mutually agreed electric utility related projects in the Town mutually agreed upon by the Town and United Power. Section 2. This amendment to the Franchise Agreement shall only become effective upon the effective date of this ordinance and approval by the Town and United Power, as evidenced by the execution of this ordinance by the Town and United Power, Inc. If United Power shall fail to file an executed copy of this amendment with the Town Clerk within sixty (60) days of the Town's execution hereof, this amendment shall be and become null and void. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 2,thM day of ram-' 12015. XO aul Sorenson, ATTEST: �_ �_ "R ` _ r o ;Q ina, Town Clerk Date: n , j5 ACCEPTED AND EXECUTED by United Power, Inc., a Colorado nonprofit cooperative corporation, this day of , 2015. UNITED POWER, INC. a Colorado nonprofit corporation Title: C Q ATTEST: By: Secre ary Date: 2 ORDINANCE NO. 878 AN ORDINANCE AMENDING SECTION 6.04.050 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE LIMIT ON THE NUMBER OF DOGS AND CATS OVER FOUR MONTHS OF AGE THAT MAY BE KEPT UPON A PREMISES IN THE TOWN WHEREAS, the Board of Trustees has previously adopted an ordinance codified at Section 6.04.050 of the Firestone Municipal Code limiting the number of dogs and cats over four months of age that may be kept upon a premises within the Town to two dogs and two cats, with certain exceptions for veterinarian hospitals, kennels, pet shops, education facilities and properly licensed commercial establishments; and WHEREAS, the Board of Trustees desires to amend Section 6.04.050 of the Firestone Municipal Code to place an overall cap on the number of dogs and cats that may be kept rather than the specific limitation of two dogs and two cats currently in the Code; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 6.04.050 of the Firestone Municipal Code is hereby amended in its entirety to read as follows {words to be added are underlined, words to be deleted are 6.04.050 Dog and cat limits. It is unlawful to own, keep or harbor upon any premises within the town, the combined total of more than four two dogs or cats over four months of age, except for veterinarian hospitals, kennels, pet shops, education facilities and properly licensed commercial establishments. Outdoor kennel structures and exercise runs at such veterinarian hospitals, kennels, pet shops, education facilities and properly licensed commercial establishments shall be allowed; provided however, that such outdoor kennel structures and exercise runs shall not exceed sixteen hundred square feet in total area, and shall be located at least one hundred feet from any habitable building. Outdoor kennel structures and exercise runs are allowed as an accessory use to a dwelling unit; provided, however, that such outdoor kennel structures and exercise runs shall not exceed two hundred square feet in total area; shall be located at least twenty feet from any habitable building not on the same lot; and shall contain no more than the maximum number of dogs and cats permitted under this section. Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. Any violation of this Ordinance shall be subject to the general penalty provisions set forth in Section 1.16.010 of the Firestone Municipal Code. Section 5. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of 24 1 6VM 4 , 2015. TQWN OF FIRESTONE, COLORADO F�RESrO� l �- ' TO • F g{ ' Paul Sorensen, Mayor ATTEST: 10 ti.,, 0 N�y� �• arissa Medina, Town Clerk 2 ORDINANCE NO. 879 AN ORDINANCE GRANTING A NON-EXCLUSIVE CABLE TELEVISION FRANCHISE TO COMCAST OF COLORADO IV, LLC AND AMENDING CORRESPONDING PROVISIONS OF THE FIRESTONE MUNICIPAL CODE WHEREAS, Comcast of Colorado, IV, LLC ("Comcast") currently holds a cable television franchise with the Town of Firestone (the "Town"); and WHEREAS, the current franchise agreement between Comcast and the Town authorizes the parties to negotiate a proposed franchise renewal agreement in accordance with the informal renewal proceedings described in the Cable Communications Policy Act of 1984 ("Cable Act"); and WHEREAS, Comcast and the Town have been involved in negotiations concerning a proposed franchise renewal agreement; and WHEREAS, these negotiations have resulted in the proposed Franchise Agreement that is being presented to the Board of Trustees for its consideration and approval; and WHEREAS, the public has been afforded notice and an opportunity to comment on the proposed Franchise Agreement in accordance with the Cable Act; and WHEREAS, the Board of Trustees finds that the Town's grant of a cable franchise to Comcast in accordance with the terms and conditions of the Franchise Agreement is in the best interests of the Town and its citizens and will meet the future cable related needs of the community; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AS FOLLOWS: Section 1. The Board of Trustees hereby approves the proposed Franchise Agreement by and between Comcast of Colorado, IV, LLC and the Town of Firestone in the form of such Franchise Agreement accompanying this ordinance, and hereby authorizes the grant of franchise therein contained subject to and upon the terms and conditions of said Franchise Agreement. The Mayor is authorized to execute the Franchise Agreement on behalf of the Town, such execution to be on or after the effective date of this ordinance and subject to the requirement that Comcast shall have first executed the same. Section 2. Section 13.16.010.A of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are str-isles) : 13.16.010 Grant of franchise -- term. A. Pursuant to Ordinance No. 879, the arain nee ,.edified he the Town granted to Comcast of Colorado IV, LLC, a nonexclusive and revocable authorization to make reasonable and lawful use of the public streets, easements and other rights -of -way to construct, operate, maintain, reconstruct, rebuild and upgrade a cable television system for the purpose of providing cable services subject to the terms and conditions set forth in the Cable Television Franchise Agreement, copies of which are on file in the office of the Town Clerk. Section 3. All prior ordinances or parts of such prior ordinances, codes or parts of codes in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any paragraph, section, sub -section, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid, unconstitutional and/or unenforceable, such provisions shall be deemed to be separate, distinct and independent and the remaining provisions of this Ordinance shall continue in full force and effect. INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED, THIS 18th DAY OF Novenber, 2015. 1 L ATTEST: o Carissa Medina. Town Clerk 2 TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor FRANCHISE AGREEMENT This Franchise Agreement (hereinafter, the "Agreement" or "Franchise Agreement") is made between the Town of Firestone (hereinafter, "Town") and Comcast of Colorado IV, LLC (hereinafter, "Grantee"). SECTION 1 - Definition of Terms For the purpose of this Franchise Agreement, capitalized terms, phrases, words, and abbreviations shall have the meanings ascribed to them in the Cable Communications Policy Act of 1984, as amended from time to time, 47 U.S.C. §§ 521 et seq. (the "Cable Act"), unless otherwise defined herein. 1.1. "Cable System" shall mean the Grantee's facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Customers within the Service Area. 1.2. "Customer" means a Person or user of the Cable System who lawfully receives Cable Service therefrom with the Grantee's express permission. 1.3. "Designated Access Provider" means the entity or entities designated by the Franchising Authority to manage or co -manage any PEG Access Channels and facilities. The Franchising Authority may be a Designated Access Provider. 1.4. "Dwelling Unit" means any building, or portion thereof, that has independent living facilities, including provisions for cooking, sanitation, and sleeping, and that is designed for residential occupancy. Buildings with more than one set of facilities for cooking shall be considered multiple Dwelling Units unless the additional facilities are clearly accessory. 1.5 "Effective Date" means the date on which all persons necessary to sign this Agreement in order for it to be binding on both parties have executed this Agreement as indicated on the signature page(s), unless a specific date is otherwise provided in the "Term" section herein. 1.6. "FCC" means the Federal Communications Commission, or successor governmental entity thereto. 1.7. "Franchise" means the initial authorization, or renewal thereof, issued by the Franchising Authority, whether such authorization is designated as a franchise, 1 agreement, permit, license, resolution, contract, certificate, ordinance or otherwise, which authorizes the construction and operation of the Cable System. 1.8. "Franchise Agreement" or "Agreement" shall mean this Agreement and any amendments or modifications hereto. 1.9. "Franchise Area" means the present legal boundaries of the Town as of the Effective Date, and shall also include any additions thereto, by annexation or other legal means. 1.10. "Franchising Authority" means the Town of Firestone or the lawful successor, transferee, designee, or assignee thereof. 1.11. "Grantee" shall mean Comeast of Colorado IV, LLC. 1.12. "Gross Revenue" means the Cable Service revenue derived directly or indirectly by the Grantee from the operation of the Cable System in the Franchise Area to provide Cable Services, calculated in accordance with generally accepted accounting principles ("GAAP"). Cable Service revenue includes, by way of illustration and not limitation, monthly basic, premium and pay -per -view video fees; advertising and home shopping revenue; installation, disconnection, reconnection and change -in-service fees; Leased Access Channel, late, administrative, and equipment rental fees; Cable Service lease payments from the Cable System; payments or other consideration received by the Grantee from programmers for carriage of programming on the Cable System and accounted for as revenue under GAAP; the fair market value of consideration received by the Grantee for use of the Cable System to provide Cable Service and accounted for as revenue under generally accepted accounting principles; revenues from program guides; additional outlet fees; franchise fees; revenue from the sale or carriage of other Cable Services on the Cable System; revenue from revenue -sharing arrangements. Gross Revenue shall include revenue received by any entity other than Grantee when necessary to prevent erosion or avoidance of the obligation under this Agreement to pay the franchise fees. Gross Revenue shall not include refundable deposits; bad debt (to the extent consistent with GAAP; provided however, that all or part of any such bad debt that is written off but subsequently collected shall be included in Gross Revenues in the period collected); advertising sales commissions, nor any taxes, fees or assessments imposed or assessed by any governmental authority. The franchise fee is not such a tax. 1.13. "Headend" means any facility for signal reception and dissemination on a Cable System, including cables, antennas, wires, satellite dishes, monitors, switchers, modulators, and processors for broadcast signals. 1.14. "Leased Access Channel" means any channel or portion of a channel commercially available for programming by Persons other than Grantee, for a fee or charge. 2 1.15. "Person" means any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for -profit or not -for profit, but shall not mean the Franchising Authority. 1.16. "Public Way" shall mean the surface of, and the space above and below, any public street, highway, freeway, bridge, alley, court, boulevard, sidewalk, way, lane, drive, circle or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips, or easements dedicated for compatible uses, which shall entitle the Franchising Authority and the Grantee to the use thereof for the purpose of installing, operating, repairing, and maintaining the Cable System. Public Way shall also mean any easement now or hereafter held by the Franchising Authority within the Franchise Area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights -of -way as shall within their proper use and meaning entitle the Franchising Authority and the Grantee to the use thereof for the purposes of installing, operating, and maintaining the Grantee's Cable System over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to the Cable System. Public Way does not include public parks and pedestrian trails. 1.17. "Tri-Town Area" means the entire area within the jurisdictional boundaries of the Towns of Firestone and Frederick and the City of Dacono. SECTION 2 -_Grant of Authority 2.1. The Franchising Authority hereby grants to the Grantee a nonexclusive Franchise authorizing the Grantee to construct and operate a Cable System in the Public Ways within the Franchise Area, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain, or retain in any Public Way such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments, and other related property or equipment as may be necessary or appurtenant to the Cable System, and to provide such services over the Cable System as may be lawfully allowed. _ 2.2. Term of Franchise. The term of the Franchise granted hereunder shall be five (5) years, commencing upon the Effective Date of the Franchise, unless the Franchise is renewed or is lawfully terminated in accordance with the terms of this Franchise Agreement and the Cable Act. 2.3. Renewal. Any renewal of this Franchise shall be governed by and comply with the provisions of Section 626 of the Cable Act, as amended. Notwithstanding anything to the contrary set forth in this Section, the Grantee and the Franchising Authority agree that at any time during the term of the then current Agreement, while affording the public appropriate notice and opportunity to comment, the Grantee and the Franchising Authority may agree to undertake and finalize informal negotiations 3 regarding renewal of the then current Agreement, and the Franchising Authority may grant a renewal thereof. 2.4. Reservation of Authority. Nothing in this Franchise Agreement shall (A) abrogate the right of the Franchising Authority to perform any public works or public improvements of any description, (B) be construed as a waiver of any codes or ordinances of general applicability promulgated by the Franchising Authority, or (C) be construed as a waiver or release of the rights of the Franchising Authority in and to the Public Ways. 2.5. Police Powers. Grantee's right hereunder are subject to the police powers of the Franchising Authority to adopt and enforce ordinances necessary to the safety, health; and welfare of the public, and Grantee agrees to comply with all applicable laws, ordinances, and regulations enacted pursuant to the police powers of the Franchising Authority, or hereafter enacted in accordance therewith, by the Franchising Authority or any other legally -constituted governmental unit having lawful jurisdiction over the subject matter hereof. Any conflict between the provisions of this Agreement and any other present or future lawful exercise of the Franchising Authority's police powers shall be resolved in favor of the latter. 2.6. Other Franchises, Title to Public Way. Grantee understands that the Franchise granted herein is subject to prior franchise agreements and subject to all ownerships, easements, and other interests of record applicable to the Public Way. Grantee shall be solely responsible for coordinating its activities hereunder with the holders of such franchise agreements or of such ownerships, easements, or other interests, subject to the Franchising Authority's control and direction of such coordination efforts. The Franchising Authority makes no representations or warranties with respect to its title to the Public Way, and Grantee agrees the Franchising Authority shall have no liability whatsoever concerning such title. SECTION 3 — Construction and Maintenance of the Cable System 3.1. Permits and General Obligations. The Grantee shall be responsible for obtaining, at its own cost and expense, all generally applicable permits, licenses, or other forms of approval or authorization necessary to construct, operate, maintain or repair the Cable System, or any part thereof, prior to the commencement of any such activity. Construction, installation, and maintenance of the Cable System shall be performed in a safe, thorough and reliable manner using materials of good and durable quality. All transmission and distribution structures, poles, other lines, and equipment installed by the Grantee for use in the Cable System in accordance with the terms and conditions of this Franchise Agreement shall be located so as to cause no interference with the proper use of the Public Ways, the rights and reasonable convenience of property owners who own property that adjoins any such Public Way, and the sewers, water pipes, and any other property of the Franchising Authority or any water and/or sanitation district established pursuant to Colorado law, within the Public Way, and with any other pipes, wires, 4 conduits, pedestals, structures, or other facilities that may have been laid in the Public Way prior to Grantee's occupation, under the Franchising Authority's authority. In the event of interference, the Franchising Authority may require removal or relocation of the Grantee's lines, cables, and other appurtenances from the property in question. 3.2. Conditions of Public Way Occupancy. 3.2.1. Work in Public Way. All work in the Public Way, including installation, repair or replacement of the Cable System and restoration of disturbed Public Way, shall be undertaken and completed so as to cause minimal interference with the proper use of Public Way and subject to permitting, inspection and approval by an official representative of the Franchising Authority in accordance with then applicable ordinances of the Franchising Authority, provided that such ordinances are consistent with the Franchising Authority's lawful police powers. Grantee reserves the right to challenge the provisions of any such regulation that it believes is inconsistent with applicable law or its contractual rights under this Agreement either now or in the future. 3.2.2. Relocation at Request of Franchising Authority. The Franchising Authority shall have the right to require Grantee to relocate, remove, replace, modify or disconnect Grantee's facilities and equipment located in the Public Way or on any other property of the Franchising Authority in the event of an emergency or when reasonable public convenience requires such change. For example, without limitation, by reason of traffic conditions, public safety, Public Way vacation, Public Way construction, change or establishment of Public Way grade, installation of sewers, drains, gas or water pipes, or any other types of structures or improvements by the Franchising Authority for public purposes. Unless otherwise provided by state or federal law, such work shall be performed at the Grantee's expense. Except during an emergency, the Franchising Authority shall provide written notice to Grantee, not to be less than thirty (30) days, and allow Grantee the opportunity to perform such action. In the event of any capital improvement project exceeding $100,000 in expenditures by the Franchising Authority that requires the removal, replacement, modification or disconnection of any part of the Cable System, the Franchising Authority shall provide at least sixty (60) days written notice to Grantee. Following notice by the Franchising Authority, Grantee shall relocate, remove, replace, modify or disconnect any of its Cable System within any Public Way, or on any other property of the Franchising Authority. If the Franchising Authority requires Grantee to relocate its Cable System located within the Public Way, the Franchising Authority shall make a reasonable effort to provide Grantee with an alternate location within the Public Way. if funds are generally available to users of the Public Way for such relocation, and to the extent consistent with applicable law and any regulatory requirements governing the use of such funds, Grantee shall be entitled to its pro rata share of such funds. If the Grantee fails to complete this work within the time prescribed and to the Franchising Authority's satisfaction, upon providing Grantee at least 10 business days' notice, the Franchising Authority may cause such work to be done and bill the cost of the work to the Grantee, including all costs and expenses incurred by the Franchising Authority due to Grantee's delay. In such event, the Franchising Authority shall not be liable for any damage to any portion of Grantee's Cable System unless the Franchising Authority acted in a negligent manner. Within thirty (30) days of receipt of an itemized list of those costs, the Grantee shall pay the Franchising Authority. 3.2.3. Relocation at Request of Third Party. The Grantee shall, upon reasonable prior written request of any Person holding a permit issued by the Franchising Authority to move any structure, temporarily move its wires to permit the moving of such structure; provided (i) the Grantee may impose a reasonable charge on any Person for the movement of its wires, and such charge may be required to be paid in advance of the movement of its wires; and (ii) the Grantee is given not less than ten (10) business days advance written notice to arrange for such temporary relocation. 3.2.4. Movement of Cable System Facilities for Other Franchise Holders and Districts. If any removal, replacement, modification or disconnection of the Cable System is required to accommodate the construction, operation or repair of the facilities or equipment of another entity authorized to use the Public Way, including but not limited to any water and/or sanitation district established pursuant to Colorado law, Grantee shall, after at least thirty (30) days advance written notice, take action to effect the necessary changes requested by the responsible entity. Grantee may require that the costs associated with the removal or relocation be paid in advance by the benefited party at no cost to Grantee or the Franchising Authority except that Grantee shall not require any water and/or sanitation district established pursuant to Colorado law to pay such costs. 3.2.5. Restoration of Public Ways. If in connection with the construction, operation, maintenance, or repair of the Cable System, the Grantee disturbs, alters, or damages any Public Way, the Grantee agrees that it shall at its own cost and expense replace and restore any such Public Way to a condition as good or better than the condition of the Public Way existing immediately prior to the disturbance. The Franchising Authority may, after providing written notice to the Grantee and an opportunity to cure a failure in restoration, or without notice where the excavation, disturbance, or damage may create a risk to public health, safety or welfare, repair, refill or repave any excavation, disturbance or damage. The cost thereof, shall be paid by the Grantee within thirty (30) days of an itemized billing invoice. 3.2.6. Safety Requirements. The Grantee shall, at its own cost and expense, undertake all necessary and appropriate efforts to maintain its work sites in a safe, orderly and workmanlike manner in order to prevent failures and accidents that may cause damage, injuries or nuisances. All excavations made by the Grantee in any Public Way shall be properly safeguarded for the prevention of accidents. All work undertaken on the Cable System shall be performed in substantial accordance with applicable FCC or other federal, state and local regulations. By way of illustration and not limitation, Grantee shall comply with the National Electric Code, National Electrical Safety Code and Occupational Safety and Health Administration (OSHA) Standards. The Cable System shall not unreasonably endanger or interfere with the safety of Persons or property in the Franchise Area. 3.2.7. Trimming of Trees and ShrubbM. Upon obtaining a written approval from the Franchising Authority, the Grantee shall have the authority to trim trees or other natural growth overhanging any of its Cable System in the Franchise Area so as to prevent contact with the Grantee's wires, cables, or other equipment. All such trimming shall be done at the Grantee's sole cost and expense and in accordance with generally applicable codes and regulations and current accepted professional tree trimming practices. The Grantee shall be responsible for any damage caused by such trimming. 3.2.8. Aerial and Under round Construction. (i) All new or upgraded Cable System facilities shall be installed underground unless otherwise provided by the Franchising Authority in writing upon a showing that such underground locations are incapable of accommodating the Grantee's cable and other equipment without technical degradation of the Cable System's signal quality. In any case where the Grantee has obtained the required written permission from the Franchising Authority not to underground its Cable System, the Grantee shall utilize existing poles whenever possible, and may not construct or install any new, different or additional poles, or other facilities on public property until written approval for the same is granted by the Franchising Authority. (ii) Grantee's existing Cable System facilities, or portions thereof, shall be placed underground when utilities in the same streets place their facilities underground or when required by general ordinances of the Franchising Authority or applicable state or federal law, provided that such underground locations are actually capable of accommodating the Grantee's cable and other equipment without technical degradation of the Cable System's signal quality. Undergrounding shall be at the Grantee's expense unless otherwise required by applicable law, including C.R.S. § 29-8-101, et seq. (iii) Nothing in this Section shall be construed to require the Grantee to construct, operate, or maintain underground any ground -mounted appurtenances such as customer taps, line extenders, system passive devices, amplifiers, power supplies, pedestals, or other related equipment. (iv) Related Cable System facilities (such as pedestals, equipment cabinets, etc.) must be placed in accordance with applicable Franchising Authority code requirements and underground utility policies. (v) Nothing herein shall be construed as to waive any rights Grantee may lawfully have for reimbursement of costs related to underground construction. 7 3.2.9. Undergrounding and Beautification Projects. In the event all users of the Public Way relocate aerial facilities underground as part of an undergrounding or neighborhood beautification project, Grantee shall participate in the planning for relocation of its aerial facilities contemporaneously with other utilities. Grantee's relocation costs shall be included in any computation of necessary project funding by the municipality or private parties. Grantee shall be entitled to reimbursement on a pro rata basis of its relocation costs from public or private funds raised for the project and made available to other users of the Public Way. 3.2.10. Location of Facilities. (i) Upon the Franchising Authority's request, in connection with the design of any Franchising Authority project, the Grantee will verify the location of its underground Cable System within the Franchise Area by marking on the surface the location of its underground facilities in accordance with applicable laws. However, when necessary for the actual construction of any Franchising Authority project, the Franchising Authority may request the Grantee indentify the exact location of its underground Cable System by excavating (e.g., pot holing) at no expense to the Franchising Authority. (ii) Upon the Franchising Authority's written request, the Grantee will provide, at no expense to the Franchising Authority route maps showing the general location of the Cable System within the Franchise Area. Grantee shall provide the requested documentation within thirty (30) days, or some other period of time as may be agreed upon by both parties. Such information may be deemed confidential in accordance with Section 7.9.2. 3.3 Discontinuing Use/Abandonment of Cable System Facilities. Whenever Grantee intends to discontinue using any facility within the Public Way and wishes for the facility to remain in place, Grantee shall submit to the Franchising Authority a complete description of the facility and the date on which Grantee intends to discontinue using the facility. Notwithstanding Grantee's request that any such facility remain in place, the Franchising Authority may require Grantee to remove the facility from the Public Way. Grantee shall complete such removal or modification in accordance with a reasonable schedule set by the Franchising Authority. Until such time as Grantee removes the facility as reasonably directed by the Franchising Authority, or until the rights to and responsibility for the facility are accepted by another Person having authority to construct and maintain such facility, Grantee shall be responsible for such facility as well as maintenance of the Public Way, in the same manner and degree as if the facility were in active use. If Grantee abandons its facilities, the Franchising Authority may choose to use such facilities for any purpose whatsoever including, but not limited to, PEG Access purposes. if the Franchising Authority chooses to utilize any such abandoned facilities, Grantee's liability for those facilities shall cease. 8 3.4. Public Way Meetings. Subject to receiving reasonable advance notice, Grantee will regularly attend and participate in meetings of the Franchising Authority regarding Public Way issues that may impact the Cable System. 3.5. Joint Trenchin Borin . 3.5.1. Whenever it is possible and reasonably practicable to joint trench or share bores or cuts, Grantee shall work with other providers, permitees, and franchisees so as to reduce so far as possible the number of Public Way cuts within the Franchising Authority. 3.5.2. The Grantee and the Franchising Authority recognize that situations may occur in the future where the Franchising Authority may desire to place compatible Franchising Authority facilities, including but not limited to, cable or conduit for fiber optic cable in trenches or bores opened by the Grantee. The Grantee agrees to cooperate with the Franchising Authority in any construction by the Grantee that involves trenching or boring, provided that the Franchising Authority has first provided reasonable notice to the Grantee in some manner that it is interested in sharing the trenches or bores in the area where the Grantee's construction is occurring. The Grantee shall allow the Franchising Authority to lay compatible facilities, including but not limited to cable, conduit and fiber optic cable in the Grantee's trenches and bores, provided the Franchising Authority bears the incremental costs, if any, of trenching and boring. The Franchising Authority shall be responsible for maintaining its respective cable, conduit and fiber optic cable buried in the Grantee's trenches and bores under this paragraph and shall not interfere with Grantee's restoration of facilities in the same trench. 3.6. Notification. Prior to doing any work in the Public Way, Grantee shall give appropriate notices to the Franchising Authority and to the notification association established by C.R.S. § 9-1.5-105, as such may be amended from time to time. If a permit is required, notice to the Franchising Authority shall be considered given when the permit application is made. Grantee shall give reasonable notice to private property owners of construction work in adjacent Public Way. 3.7. Emergency Permits. In the event that emergency repairs to the Cable System are necessary, Grantee shall immediately notify the Franchising Authority of the need for such repairs. Grantee may initiate such emergency repairs, and shall apply for appropriate permits within forty-eight (48) hours after discovery of the emergency. 3.8. Compliance with Construction Codes. Grantee shall comply with all applicable Franchising Authority construction codes, including, but not limited to, the International Building Code, the International Fire Code, the International Mechanical Code, the National Electric Code and other applicable codes adopted by reference now or during the term of this Agreement as well as the zoning codes and regulations of the Franchising Authority. Z 3.9. Undergrounding of Multiple Dwelling Unit Drops. In cases of single site multiple dwelling units, Grantee shall minimize the number of individual aerial drop cables by installing multiple drop cables underground between the pole and multiple dwelling unit where determined to be technologically feasible in agreement with the owners and/or owner's association of the multiple dwelling unit. 3.10. Burial Standards. 3.10.1. Depths. Unless otherwise required by the National Electric Code or by law, for any construction on and after the Effective Date, Grantee shall comply with the following burial depth standards except that in no event shall Grantee be required to bury its cable deeper than electric or gas facilities in the same portion of the Public Way: (i) Underground cable drops from the curb shall be buried at a minimum depth of twelve (12) inches, unless a sprinkler system or other construction concerns preclude it, in which case, underground cable drops shall be buried at a depth of at least six (6) inches. (ii) Feeder and trunk lines shall be buried at a minimum depth of twenty-four (24) inches. (iii) Fiber Optic cable shall be buried at a minimum depth of thirty-six (36) inches. 3.10.2. Timeliness. Cable drops installed by Grantee to residences shall be buried within thirty (30) days of initial installation, or at a time mutually agreed upon between the Grantee and the Customer. When freezing surface conditions or other weather conditions prevent Grantee from achieving such timetable, Grantee shall apprise the Customer of the circumstances and the revised schedule for burial, and shall provide the Customer with Grantee's telephone number and instructions as to how and when to call Grantee to request burial of the line if the revised schedule is not met. 3.11. Prewiring_Any ordinance or resolution of the Franchising Authority which requires prewiring of subdivisions or other developments for electrical and telephone service shall be construed to include wiring for Cable System. 3.12. Inspection of Construction and Facilities. The Franchising Authority may inspect any of Grantee's facilities, equipment or construction at any time upon at least twenty-four (24) hours notice. If an unsafe condition is found to exist, the Franchising Authority, in addition to taking any other action permitted under applicable law, may order Grantee, in writing, to make the necessary repairs and alterations specified therein to correct the unsafe condition by a time reasonably established by the Franchising Authority. The Franchising Authority has the right to correct, inspect, administer and repair the unsafe condition and reasonably charge Grantee therefor if 10 Grantee fails to do so after having received reasonable notice and having an opportunity to correct the unsafe condition. 3.13. Stop Work. On notice from the Franchising Authority that any work is being performed contrary to the provisions of this Agreement, or in an unsafe or dangerous manner as reasonably determined by the Franchising Authority, or in violation of the terms of any applicable permit, laws, regulations, ordinances, or standards, the work may immediately be stopped by the Franchising Authority. The stop work order shall be given in full compliance with requirements of any building codes, laws, ordinances or regulations of Franchising Authority. 3.14. Work of Contractors and Subcontractors. Grantee's contractors and subcontractors shall be licensed and bonded in accordance with the Franchising Authority's generally applicable ordinances, regulations and requirements. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Grantee. Grantee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by it; shall ensure that all such work is performed in compliance with this Agreement and other applicable law; and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Grantee's responsibility to ensure that contractors, subcontractors or other Persons performing work on Grantee's behalf are familiar with the requirements of this Agreement and other applicable laws governing the work performed by them. 13.15. Hazardous Substances. The Grantee shall comply with all applicable State and federal laws, statutes, regulations and orders concerning hazardous substances within the Public Way. Upon reasonable notice to the Grantee, the Franchising Authority may inspect the Grantee's facilities in the Public Ways to determine if any release of hazardous substances has occurred, or may occur, from or related to the Cable System. In removing or modifying the Grantee's facilities as provided in this Franchise, the Grantee shall also remove all residues of hazardous substances thereto. SECTION 4 - Service Obligations and Testing 4.1. General Service Obligation. Whenever the Grantee receives a request for Cable Service from a Customer in an unserved area where there are at least thirty (30) residences per cable mile and within one quarter mile from the portion of Grantee's distribution cable if constructed underground or within one mile from the portion of Grantee's distribution cable if constructed aerially, the Grantee shall then extend its Cable System to such Customers at no cost to said Customers for the Cable System extension, other than the published Standard Installation fees charged to all Customers. A Standard Installation is a service drop that does not exceed 125' from the Grantee's tap and is measured as the drop is to be routed taking into account diversions around appurtenances and property boundaries. In areas where there are not at least thirty (30) residences per cable mile, or where a Non -Standard Installation is required, Grantee shall make service available to such homes as required in Section 4.2 below. At the Franchising Authority's written request, the Grantee agrees to meet periodically with the Franchising Authority and its citizens to discuss potential expansion to the Cable System and plan for service to impending or recently annexed areas. 4.2. Customer Charges for Extensions of the Cable System. No Customer shall be refused service arbitrarily; however, if an area does not meet the density requirements of Section 4.1 above, the Grantee shall only be required to extend the Cable System to Customer(s) in that area if the Customer(s) are willing to share the capital costs of extending the Cable System. For the purpose of determining the amount of capital contribution in aid of construction to be borne by the Grantee and Customers in the area to which service may be expanded, the Grantee will contribute an amount equal to the construction and other costs per mile multiplied by a fraction whose numerator equals the actual number of Customers per mile and whose denominator equals thirty (30). Customers who request service hereunder shall bear the remaining cost to extend the Cable System on a pro rata basis. The Grantee may require that payment of the capital contribution in aid of construction borne by such potential Customers be paid in advance. 4.3. Proarammin. The Grantee shall offer to all Customers a diversity of video programming services containing at least the following initial broad categories of programming to the extent such categories are reasonably available: (A) Educational programming; (B) Colorado news, weather, and information; (C) General entertainment programming; (D) Children's programming; (E) Arts, culture, and performing arts; (F) Foreign language programming; (G) Sports programming; (H) Science/documentary programming; and (I) National news, weather, and information. 4.4. Deletion or Reduction of Broad Programming Categories. Grantee shall not delete or so limit as to effectively delete any broad category of programming within its control without the prior written consent of the Franchising Authority. In the event of a modification proceeding under federal law, the mix and quality of Cable Services required by the Agreement on the Effective Date of this Agreement shall be deemed the mix and quality of Cable Services required after such modification. 12 4.5. Parental Control Device. Upon request by any Customer, the Grantee shall provide by sale or lease a parental control or lockout device, traps or filters to enable a Customer to prohibit viewing of a particular cable service during periods selected by the Customer. The Grantee shall inform its Customers of the availability of the lockout device at the time of their initial subscription and upon request. Any device offered shall be at a rate, if any, in compliance with applicable law. 4.6. No Discrimination. The Grantee shall not discriminate or permit discrimination between or among any Persons in the availability of Cable Services or other services provided in connection with the Cable System in the Franchise Area. It shall be the right of all Persons to receive all available services provided on the Cable System so long as such Person's financial or other obligations to the Grantee are satisfied. Nothing contained herein shall prohibit the Grantee from offering bulk discounts, promotional discounts, package discounts, or other such pricing strategies as part of its business practice. 4.7. Customer Network. 4.7.1. Closed Captioning. All closed captioning programming received by the Cable System shall include the closed caption signal so long as the closed caption signal is provided consistent with FCC standards. All local signals received in stereo or with secondary audio tracks (broadcast and PEG Access) shall be retransmitted in those same formats. 4.7.2. Operational Standards. Grantee shall take prompt corrective action if it finds that any facilities or equipment on the Cable System are not operating as expected, or if it finds that facilities and equipment do not comply with the requirements of this Agreement or applicable law. 4.7.3. Construction Decisions. Grantee's construction decisions shall be based solely upon legitimate engineering or economic feasibility decisions and shall not take into consideration the income level of any particular community within the Franchise Area. 4.8. Standby Power. Grantee shall maintain standby power system supplies, rated for at least two (2) hours duration, throughout the trunk and distribution networks. 4.9. Technical Performance. The technical performance of the Cable System shall meet or exceed all applicable technical standards authorized or required by law, as they may be amended from time to time, regardless of the transmission technology utilized. The Franchising Authority shall have the full authority permitted by applicable law to enforce compliance with these technical standards. 4.10. Emergency Use. Grantee shall provide the Franchising Authority an operating Emergency Alert System ("EAS") in accordance with and as required by the 13 provisions of FCC Regulation Part 11, and as such provision may from time to time be amended. Grantee shall test the EAS as required by the FCC. Upon request, the Franchising Authority shall be permitted to participate in and/or witness the EAS testing. If the test indicates that the EAS is not performing consistent with FCC requirements, Grantee shall make any necessary adjustment to the EAS, and the EAS shall be retested. 4.11. Continuity of Service Manda M. 4.11,1. The Grantee shall use reasonable efforts so as to ensure that all Customers receive continuous, uninterrupted Cable Service insofar as their financial and other obligations to Grantee are honored. For the purposes of this subsection, "uninterrupted" does not include short-term outages of the Cable System for maintenance or testing. 4.11.2. In the event of a change of Grantee, or in the event a new Cable Operator acquires the Cable System in accordance with this Agreement, Grantee shall reasonably cooperate with the Franchising Authority, new franchisee or Cable Operator in maintaining continuity of Cable Service to all Customers_ During any transition period, Grantee shall be entitled to the revenues for any period during which it operates the Cable System, and shall be entitled to reasonable costs for its services when it no longer operates the Cable System. 4.11.3. Failure of Grantee to operate the Cable System for four (4) consecutive days without prior approval of the Franchising Authority or without just cause shall be considered a material violation of this Agreement. 4.12. Services for the Disabled. Grantee shall comply with the Americans with Disabilities Act and any amendments thereto. SECTION 5 - Fees and Charges to Customers 5.1. Rates and Charges. All rates, fees, charges, deposits and associated terms and conditions to be imposed by the Grantee or any affiliated Person for any Cable Service as of the Effective Date shall be in accordance with applicable FCC's rate regulations. If the Grantee assesses any kind of fee for late payment, such fee shall comply with applicable law. The Franchising Authority may regulate rates for the provision of Cable Services and equipment as expressly permitted by federal or state law. 5.2. No Rate Discrimination. Grantee's rates and charges shall be nondiscriminatory. Grantee shall apply its rates in accordance with governing law, with identical rates and charges for all Customers receiving identical Cable Services, without regard to race, color, ethnic, or national origin, religion, age, sex, sexual orientation, marital, military, or economic status, or physical or mental disability or geographic location or geographic location within the Franchising Authority. The Grantee shall 14 permit Customers to make any in -residence connections the Customer chooses without additional charge and without penalizing the Customer therefor. If any in -home connection requires service from the Grantee due to signal quality, signal leakage or other factors caused by improper installation of such in -home wiring or faulty materials of such in -home wiring, the Customer may be charged appropriate service charges by the Grantee. Nothing herein shall be construed to prohibit- (i) The temporary reduction of waiving of rates or charges in conjunction with limited promotional campaigns; (ii) The offering of reasonable discounts to senior citizens or economically disadvantaged citizens; or (iii) The offering of bulk discounts for multiple dwelling units. 5.3. Filing of Rates and Charges. 5.3.1. Throughout the term of this Agreement, Grantee shall maintain on file with the Franchising Authority a complete schedule of applicable rates and charges for Cable Services provided under this Agreement. Nothing in this subsection shall be construed to require Grantee to file rates and charges under temporary reductions or waivers of rates and charges in conjunction with promotional campaigns. As used in this subsection, no rate or charge shall be considered temporary if Customers have the ability over a period greater than twelve (12) consecutive months to purchase Cable Services at such rate or charge. 5.3.2_ Upon written request of the Franchising Authority, Grantee shall provide a complete schedule of current rates and charges for Leased Access Channels, or portions of such channels, provided by Grantee. The schedule shall include a description of the price, terms, and conditions established by Grantee for Leased Access Channels. SECTION6 - Customer Service; Customer Bills and Contracts and Privacy Protection 6.1. Customer Service Standards. The Franchising Authority hereby adopts the customer service standards set forth in Part 76, §76.309 of the FCC's rules and regulations, as amended. The Grantee shall comply in all respects with the customer service requirements established by the FCC. 6.2, Customer Bills. Customer bills shall be designed in such a way as to present the information contained therein clearly and comprehensibly to Customers, and in a way that (A) is not misleading and (B) does not omit material information. Notwithstanding anything to the contrary in Section 6.1, above, the Grantee may, in its sole discretion, consolidate costs on Customer bills as may otherwise be permitted by Section 622(c) of the Cable Act (47 U.S.C. §542(c)). 15 6.3. Privacy Protection. The Grantee shall comply with all applicable federal and state privacy laws, including Section 631 of the Cable Act and regulations adopted pursuant thereto. 6.4. Customer Contracts. Grantee shall not enter into a contract with any Customer that is in conflict with the terms of this Agreement or the requirements of any applicable customer service standards then in use. SECTION 7 - Oversight and Regulation by Franchising Authority 7.1. Franchise Fees. The Grantee shall pay to the Franchising Authority a franchise fee in an amount equal to five percent (5%) of annual Gross Revenues received from the operation of the Cable System to provide Cable Service in the Franchise Area, provided, however that Grantee shall not be compelled to pay any higher percentage of Franchise Fees than any other video service provider providing service in the Franchise Area. The payment of franchise fees shall be made on a quarterly basis and shall be due forty-five (45) days after the close of each calendar quarter. Each franchise fee payment shall be accompanied by a report prepared by a representative of the Grantee showing the basis for the computation of the Franchise Fees paid during that period and detailing all Gross Revenues. Accrual of such franchise fee shall commence as of the Effective Date of this Franchise. In the event any payment due quarterly is not received within forty- five (45) days from the end of the calendar quarter, Grantee shall pay interest on the amount due at the rate of one percent per month. 7.2. Acceptance of Payment. No acceptance of any payment from Grantee shall be construed as an accord by the Franchising Authority that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim the Franchising Authority may have for further or additional sums payable or for the performance of any other obligation of Grantee. 7.3. Financial Records Subject to Audit. 7.3.1. Upon reasonable prior written notice, and after the Parties execute a Non -Disclosure Agreement, the Franchising Authority or its designee shall have the right to inspect the Grantee's financial records used to calculate the Franchising Authority's franchise fees or any other amounts payable under this Agreement; 12rovided, however, that the audit period shall not be greater than three (3) years. If the records are not easily accessible at the Grantee's location, Grantee may either provide copies of the records to Franchising Authority or pay the reasonable travel costs of Franchising Authority's representative to view the records at an appropriate location. 7.3.2. In the event of an alleged underpayment, the Grantee shall have thirty (30) days from the receipt of written notice from the Franchising Authority, which IV notice shall include a copy of the audit findings, to provide the Franchising Authority with a written response agreeing to or refuting the results of the audit, including any substantiating documentation. Based on these reports and responses, the parties shall agree upon a "Finally Settled Amount." For purposes of this Section, the term "Finally Settled Amount(s)" shall mean the agreed upon underpayment, if any, to the Franchising Authority by the Grantee as a result of any such audit including interest on all underpaid fees at the rate set forth in C.R.S. § 5-12-102, as amended. If the parties cannot agree on a "Finally Settled Amount," the parties shall submit the dispute to a mutually agreed upon mediator within sixty (60) days of reaching an impasse. In the event an agreement is not reached at mediation, either party may bring an action to have the disputed amount determined by a court of law. 7.3.3. Any "Finally Settled Amount(s)" due to the Franchising Authority as a result of such audit shall be paid to the Franchising Authority by the Grantee within thirty (30) days from the date the parties agree upon the "Finally Settled Amount." Once the parties agree upon a Finally Settled Amount and such amount is paid by the Grantee, the Franchising Authority shall have no further rights to audit or challenge the payment for that period. The Franchising Authority shall bear the expense of its audit of the Grantee's books and records except if the audit shows that the Franchise Fee payments have been underpaid by five percent (5%) or more, and such findings are not disputed by the Grantee, the Grantee shall pay the Franchising Authority's audit costs up to five thousand dollars ($5,000). 7.4. Tax Liability. Subject to applicable law, any franchise fees shall be in addition to any and all taxes or other levies or assessments which are now or hereafter required to be paid by businesses in general by any law of the Franchising Authority, the State or the United States including, without limitation, sales, use and other taxes, business license fees or other payments. Payment of any franchise fees under this Agreement shall not exempt Grantee from the payment of any other license fee, permit fee, tax or charge on the business, occupation, property or income of Grantee that may be lawfully imposed by the Franchising Authority. Any other license fees, taxes or charges shall be of general applicability in nature and shall not be levied against Grantee solely because of its status as a Cable Operator, or against Customers, solely because of their status as such. 7.5. Oversight of Franchise. The Franchising Authority shall have the right to, on reasonable prior written notice and in the presence of Grantee's employee, periodically inspect the construction and maintenance of the Cable System in the Franchise Area as necessary to monitor Grantee's compliance with the provisions of this Franchise Agreement. 7.6. Technical Standards. The Grantee shall comply with all applicable technical standards of the FCC as published in subpart K of 47 C.F.R. § 76. To the extent those standards are altered, modified, or amended during the term of this Franchise, the Grantee shall comply with such altered, modified or amended standards within a reasonable period after such standards become effective. The Franchising Authority shall 17 have, upon written request, the right to obtain a copy of tests and records required to be performed pursuant to the FCC's rules. 7.7. Cable System Performance Testing. 7.7.1. Grantee shall, at Grantee's expense, perform the following tests on its Cable System: (i) All tests required by the FCC; and (ii) All other tests reasonably necessary to determine compliance with technical standards adopted by the FCC at any time during the term of this Agreement. 7.7.2. At present, required tests include: (i) Cumulative leakage index testing of any new construction; (ii) Semi-annual compliance and proof of performance tests in conformance with generally accepted industry guidelines; (iii) Tests in response to Customer complaints; (iv) Periodic monitoring tests, at intervals not to exceed six (6) months, of Customer (field) test points, the Headend, and the condition of standby power supplies; and (v) Cumulative leakage index tests, at least annually, designed to ensure that one hundred percent (100%) of Grantee's Cable System has been ground or air tested for signal leakage in accordance with FCC standards. 7.7.3. Grantee shall maintain written records of all results of its Cable System tests, performed by or for Grantee, in accordance with applicable law. Copies of such test results will be provided to the Franchising Authority upon written request. 7.7.4. All technical performance tests may be witnessed by representatives of the Franchising Authority. If the Franchising Authority notifies Grantee that it wishes to have a representative present during testing of the Cable System, Grantee shall notify the Franchising Authority when such tests will be performed. 7.7.5. Grantee shall be required to promptly take such corrective measures as are necessary to correct any performance deficiencies fully and to prevent their recurrence as far as possible. Grantee's failure to correct deficiencies identified through this testing process shall be a material violation of this Agreement. Sites shall be re -tested following correction. 18 7.8. Additional Tests. Where there exists other evidence that in the reasonable judgment of the Franchising Authority casts doubt upon the reliability or technical quality of Cable Service, the Franchising Authority shall have the right and authority to require Grantee to test, analyze and report on the performance of the Cable System. Grantee shall reasonably cooperate with the Franchising Authority in performing such testing and shall prepare the results and a report, if requested, within thirty (30) days after testing. Such report shall include the following information: (i) The nature of the complaint or problem which precipitated the special tests; (ii) The Cable System component tested; (iii) The equipment used and procedures employed in testing; (iv) The method, if any, in which such complaint or problem was resolved; and (v) Any other information pertinent to said tests and analysis which may be required, as agreed upon by both parties. 7.9. Maintenance of Books, Records, and Files. 7.9.1. Books and Records. Throughout the term of this Franchise Agreement, the Grantee agrees that the Franchising Authority may review the Grantee's books and records to monitor Grantee's compliance with the provisions of this Franchise Agreement, upon reasonable prior written notice to the Grantee, at the Grantee's business office, during normal business hours, and without unreasonably interfering with Grantee's business operations. Such notice shall specifically reference the Section of the Agreement that is under review, so that the Grantee may organize the necessary books and records for easy access by the Franchising Authority. If the books and records are not easily accessible, Grantee may either provide copies of the records to Franchising Authority or choose to pay the reasonable travel costs of the Franchising Authority's representative to view the books and records at the appropriate location. All such documents that may be the subject of an inspection by the Franchising Authority shall be retained by the Grantee for a period of three years. Grantee agrees to meet with a representative of the Franchising Authority upon request to review Grantee's methodology of record keeping, the computing of any franchise fee obligations and other procedures, the understanding of which the Franchising Authority reasonably deems necessary for reviewing reports and records. 7.9.2. Proprietary information. Notwithstanding anything to the contrary set forth in this Section, the Grantee shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature unless the Parties enter into a Non -Disclosure Agreement. The Franchising Authority agrees to treat any information disclosed by the Grantee as confidential to the extent the Grantee makes the Franchising 19 Authority aware of such confidentiality. The Grantee shall be responsible for clearly and conspicuously identifying the work as confidential or proprietary, and within thirty (30) days of a written request from the Franchising Authority, shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under state or federal law. The Grantee shall not be required to provide Customer information in violation of Section 631 of the Cable Act or any other applicable federal or state privacy law. For purposes of this Section, the terms "proprietary or confidential" include, but are not limited to, information relating to the Cable System design, customer lists, marketing plans, financial information unrelated to the calculation of franchise fees or rates pursuant to FCC rules, or other information that is reasonably determined by the Grantee to competitively sensitive. Grantee may make proprietary or confidential information available for inspection but not copying or removal by the Franchise Authority's representative. In the event that the Franchising Authority has in its possession and receives a request under a state "sunshine," public records, or similar law for the disclosure of information the Grantee has designated as confidential, trade secret or proprietary, the Franchising Authority shall, so far as consistent with applicable law, notify Grantee of such request and provide Grantee with a copy of any written request by the party demanding access to such information within a reasonable time. If Grantee believes that the disclosure of such documents by the Franchising Authority would interfere with Grantee's rights under federal or state law, Grantee may institute an action in the Weld County District Court to prevent the disclosure by the Franchising Authority of such documents. Grantee shall join the Person requesting the documents to such an action. Grantee shall defend, indemnify and hold the Franchising Authority harmless from any claim or judgment as well as any costs and attorneys fees incurred in participating in such proceeding. 7.10. Performance Evaluation. 7.10.1. Upon receipt of the Franchising Authority's written request, special evaluation sessions may be held at any time during the term of this Franchise, but not more than once per year. Grantee shall attend such evaluation sessions upon the Franchising Authority's request and shall cooperate with the Franchising Authority during such evaluation sessions. 7.10.2. Topics which may be discussed at any evaluation session may include but are not limited to Cable Service rates, franchise fees, free or discounted Cable Services, Customer complaints, privacy, amendments to this Franchise Agreement, judicial and FCC rulings, line extension policies, and the Franchising Authority's or the Grantee's rules, provided, that nothing in this subsection shall be construed as requiring renegotiation of this Franchise Agreement or any term or provision herein, or a commitment by Grantee to implement new services. 20 7.11. Complaint File and Reports and Service Interruption Log. Grantee shall keep an accurate and comprehensive file of any and all complaints it receives regarding the Cable System in the Service Area and Grantee's actions in response to those complaints. Such files shall be kept in a manner consistent with the privacy rights of Customers. Within thirty (30) days of written notice, Grantee shall provide the Franchising Authority a summary which shall include information concerning escalated customer complaints received by Grantee from the Franchising Authority within the time period specified in Grantor's request, but no greater than a one-year period. Grantee shall also maintain an outage log of service interruptions and shall make such log available to the Franchising Authority upon written request. SECTION 8 -- Transfer of Cable System or Franchise or Control of Grantee 8.1. Neither the Grantee nor any other Person may transfer the Cable System or the Franchise without the prior written consent of the Franchising Authority, which consent shall not be unreasonably withheld or delayed. No transfer of control of the - Grantee, defined as an acquisition of 51 % or greater ownership interest in Grantee, shall take place without the prior written consent of the Franchising Authority, which consent shall not be unreasonably withheld or delayed. No consent shall be required, however, for (i) a transfer in trust, by mortgage, hypothecation, or by assignment of any rights, title, or interest of the Grantee in the Franchise or in the Cable System in order to secure indebtedness, or (ii) a transfer to an entity directly or indirectly owned or controlled by Comcast Corporation. Within forty-five (45) days of receiving a request for consent, which such request shall include a completed FCC Form 394 and all required exhibits, the Franchising Authority shall, in accordance with FCC rules and regulations, notify the Grantee in writing of the additional information, if any, it requires to determine the legal, financial and technical qualifications of the transferee or new controlling party. If the Franchising Authority has not taken final action on the Grantee's completed request for consent within one hundred twenty (120) days after receiving such request, consent shall be deemed granted. SECTION 9 - Insurance and Indemnity 9.1. Insurance. Throughout the term of this Franchise Agreement, the Grantee shall, at its own cost and expense, maintain the following coverage and limits of insurance: (A) Worker's Compensation (including occupational disease), and Employer's Liability insurance in accordance with any applicable worker's compensation laws on all owners, employees, servants and/or agents connected with or engaged in the performance of Grantee's obligations hereunder. (B) Commercial General Liability insurance with personal injury and property damage limits at a combined single limit of not less than $1,000,000.00 per occurrence. The policy shall include coverage for bodily injury or death of a person, broad form 21 property damage (including completed operations), explosion and collapse hazard, underground hazard, personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. (C) Automobile Liability insurance on all automobiles and vehicles, whether owned or hired, with personal injury and property damage limits at a combined single limit of not less than $1,000,000.00 per accident. Grantee's liability insurance must establish the Franchising Authority as "additional insured." Grantee's insurance coverage shall be primary insurance with respect to the Franchising Authority, its officers, officials, boards, commissions, employees and duly authorized agents. Any insurance or self-insurance maintained by the Franchising Authority its officers, officials, boards, commissions, employees and duly authorized agents shall be in excess of the Grantee's insurance and shall not contribute to it, provided the occurrence arises out of the Grantee's acts or negligence. A certificate of insurance shall be provided to the Franchising Authority identifying the Franchising Authority as "additional insured" and stating that the policy or policies shall riot be canceled or materially changed so as to be out of compliance with these requirements without thirty (30) days' written notice first provided to the Franchising Authority, via certified mail, and ten (10) days' notice for nonpayment of premium. All insurers shall be licensed or approved to do business within the State of Colorado; possess a minimum of A.M. Best's Insurance Guide rating of A- VI or better. if the insurance is canceled or materially altered so as to be out of compliance with the requirements of this subsection within the term of this Franchise, Grantee shall provide replacement coverage. Grantee agrees to maintain continuous uninterrupted insurance coverage, in at least the amounts required, for the duration of this Franchise. 9.2. Indemnification. 9.2.1. General Indemnification. The Grantee shall indemnify, defend and hold harmless the Franchising Authority, its officers, employees, and agents from and against any liability or claims resulting from property damage or bodily injury (including accidental death) or any other claim for injury, damage, loss, liability, cost or expense, including without limitation, copyright infringement, hazardous substances and all other damages that arise out of the Grantee's construction, operation, maintenance or removal of the Cable System or any other act done under this Franchise by or for the Grantee, its officers, authorized agents employees, contractors, or subcontractors, or by reason of any neglect or omission of Grantee or officers, agents, employees, contractor or subcontractor thereof, including, but not limited to, reasonable attorneys' fees and costs, provided that the Franchising Authority shall give the Grantee timely written notice of its obligation to indemnify and defend the Franchising Authority of receipt of a claim or action pursuant to this Section. If the Franchising Authority determines that it is necessary for it to employ separate counsel, the costs for such separate counsel shall be the responsibility of the Franchising Authority except as otherwise provided herein. Grantee shall reasonably consult and cooperate with the Franchising Authority while conducting its defense of the 22 Franchising Authority. Notwithstanding the foregoing, Grantee shall not indemnify the Franchising Authority for any damages, liability or claims resulting from the willful misconduct or negligence of the Franchising Authority. 9.2.2. Indemnification for Relocation. Grantee shall indemnify the Franchising Authority for any damages, claims, additional costs or expenses assessed against, or payable by, the Franchising Authority arising out of, or resulting from, Grantee's failure to remove, adjust or relocate any of its facilities in the Public Way in a timely manner in accordance with any relocation lawfully required by the Franchising Authority. 9.2.3. Additional Circumstances. Grantee shall also indemnify, defend and hold the Franchising Authority, its officers, officials, boards, commissions, authorized agents and employees harmless for any claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and attorneys' fees or expenses in any way arising out of. (1) the lawful actions of the Franchising Authority in granting this Franchise to the extent such actions are consistent with this Franchise and applicable law; and (2) damages arising out of any failure by Grantee to secure consents from the owners, authorized distributors, or licenseesAicensors of programs to be delivered by the Cable System, whether or not any act or omission complained of is authorized, allowed or prohibited by this Franchise. 9.2.4. Non -waiver. The fact that Grantee carries out any activities under this Franchise through independent contractors shall not constitute an avoidance of or defense to Grantee's duty of defense and indemnification under this Section. 9.2.5. Expenses. If separate representation to fully protect the interests of both parties is necessary, such as arising from a conflict of interest between the Franchising Authority and the counsel selected by Grantee to represent the Franchising Authority, after all reasonable measures have been taken to prevent the necessity of hiring separate counsel for the Franchising Authority, then the Grantee shall pay all reasonable legal expenses incurred by the Franchising Authority in defending itself with regard to any action, suit or proceeding indemnified by Grantee. Description and Service _ _ - System l 0.1. System Capacity. During the term of this Agreement, the Grantee's Cable System shall offer a minimum of 85 channels of video programming with satisfactory reception available to its customers in the Franchise Area. 10.2. Service to School Buildings. The Grantee shall provide free "Basic" Cable Service and free installation at one outlet to each public and private school, not including "home schools," located in the Franchise Area within 125 feet of the Grantee's distribution cable. 23 10.3. Service to Governmental and Institutional Facilities. The Grantee shall provide free "Basic" Cable Service and free installation at one outlet to each municipal building, public library and fire station located in the Franchise Area within 125 feet of the Grantee's distribution cable (a "Standard Installation"). "Municipal buildings" are those buildings owned or leased by the Franchising Authority for government administrative purposes, and shall not include buildings owned by Franchising Authority but leased to third parties or buildings such as storage facilities at which government employees are not regularly stationed. The Cable Service provided shall not be used for commercial purposes or in public viewing areas. For new hookups, Grantee shall not provide an outlet to such buildings where a non -Standard Installation is required, unless the Franchising Authority or building owner/occupant agrees to pay the cost of the non - Standard Installation. SECTION 11 - Enforcement and Termination of Franchise l l.l. Notice of Violation or Default. In the event the Franchising Authority believes that the Grantee has not complied with the material terms of the Franchise, it shall informally notify the Grantee of the matter in writing. If resulting communications, written and/or verbal do not lead to resolution of the problem, it shall formally notify the Grantee in writing with specific details regarding the exact nature of the alleged noncompliance or default ("Notice"). 11.2. Grantee's Right to Cure or Respond. The Grantee shall have thirty (30) days from the receipt of the Franchising Authority's written Notice: (A) to respond to the Franchising Authority, contesting the assertion of noncompliance or default; or (B) to cure such default; or (C) in the event that, by nature of the default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify the Franchising Authority of the steps being taken and the projected date that the cure will be completed; in such case, the Franchising Authority may set a hearing in accordance with Section 11.3. 11.3. Public Hearings. In the event the Grantee fails to respond to the Franchising Authority's Notice or in the event that the alleged default is not remedied within thirty (30) days or the date projected by the Grantee, the Franchising Authority shall schedule a public hearing to investigate the default. Such public hearing shall be held at the next regularly scheduled meeting of the Franchising Authority that is scheduled at a time that is no less than ten (10) business days therefrom. The Franchising Authority shall notify the Grantee in writing of the time and place of such meeting and provide the Grantee with a reasonable opportunity to be heard. 11.4. Enforcement. Subject to applicable federal and state law, in the event the Franchising Authority, after such public hearing, determines that the Grantee is in default of any material provision of the Franchise, the Franchising Authority may: 24 11.4.1. seek specific performance of any provision that reasonably lends itself to such remedy as an alternative to damages, commence an action at law for monetary damages or seek other equitable relief; or 11.4.2. in the case of a substantial default of a material provision of the Franchise, declare the Franchise Agreement to be revoked in accordance with the following: (i) The Franchising Authority shall give written notice to the Grantee of its intent to revoke the Franchise. The Grantee shall have thirty (30) days from the receipt of such notice to object in writing and to state its reasons for such objection. In the event the Franchising Authority has not received a response from the Grantee or upon receipt of the response does not agree with the Grantee's proposed remedy, it may then seek termination of the Franchise at a public hearing. The Franchising Authority shall cause to be served upon the Grantee, at least ten (10) days prior to such public hearing, a written notice specifying the time and place of such hearing and stating its intent to request termination of the Franchise. (ii) At the designated hearing, the Franchising Authority shall give the Grantee an opportunity to state its position on the matter, present evidence and question witnesses, after which it shall determine whether or not the Franchise shall be terminated. The public hearing shall be on the record and a written transcript shall be made available to the Grantee within ten (10) business days. The decision of the Franchising Authority shall be in writing and shall be delivered to the Grantee by certified mail. The Grantee may appeal such determination to an appropriate court, which shall have the power to review the decision of the Franchising Authority upon the administrative record and to modify or reverse such decision as justice may require. (iii) The Franchising Authority may, at its sole discretion, take any lawful action that it deems appropriate to enforce the Franchising Authority's rights under the Agreement in lieu of revocation of the Agreement. 11.5. Technical Violation. The Franchising Authority agrees that it is not its intention to subject the Grantee to penalties, fines, forfeitures or revocation of the Franchise for so-called "technical" breach(es) or violation(s) of the Franchise, which shall include, but not be limited, to the following: 11.5.1. in instances or for matters where a violation or a breach of the Franchise by the Grantee was good faith error that resulted in no or minimal negative impact on the Customers within the Franchise Area; or 11.5.2. where there existed circumstances reasonably beyond the control of the Grantee and which precipitated a violation by the Grantee of the Franchise, or which were deemed to have prevented the Grantee from complying with a term or condition of the Franchise. 25 11.6. No Monetary Recourse Against the Franchising Authority. Grantee shall not have any monetary recourse against the Franchising Authority or its officers, officials, boards, commissions, or employees for any loss, costs, expenses or damages arising out of any provision or requirement of this Agreement or the enforcement thereof, in accordance with the provisions of applicable federal, State and local law. The rights of the Franchising Authority under this Agreement are in addition to, and shall not be read to limit, any immunities the Franchising Authority may enjoy under federal, State or local law. 11.7. Payment on Termination. If this Agreement terminates for any reason, the Grantee shall file with the Franchising Authority within ninety (90) calendar days of the date of the termination, a statement, certified by an independent certified public accountant, showing the Gross Revenues received by the Grantee since the end of the previous year. Within forty-five (45) days of the filing of the certified statement with the Franchising Authority, the Grantee shall pay any unpaid amounts as indicated. 11.8 Removal. 11.8.1. In the event of the termination, expiration, revocation, or non -renewal of this Franchise, and after all appeals from any judicial determination are exhausted and final, the Franchising Authority may order the removal of the Cable System from the Franchise Area at the Grantee's sole expense within a reasonable period of time as determined by the Franchising Authority. In removing the Cable System, Grantee shall refill at its own expense any excavation that is made by it and shall leave all Public Ways, public places, and private property in as good as condition as that prevailing prior to the Grantee's removal of the Cable System. 11.8.2. If the Grantee fails to complete any required removal to the satisfaction of the Franchising Authority, the Franchising Authority may cause the work to be done, and the Grantee shall reimburse the Franchising Authority for the reasonable costs incurred within thirty (30) days after the receipt of an itemized list of the Franchising Authority's expenses or costs, or the Franchising Authority may pursue any other judicial remedies for collection thereof. Any expenses incurred in the collection by the Franchising Authority of such obligation shall be included in the monies due the Franchising Authority from the Grantee, including reasonable attorney fees, court expenses and expenses for work conducted by the Franchising Authority's staff or agents. SECTION 12 -- Competitive Equity (A) The Grantee acknowledges and agrees that the Franchising Authority reserves the right to grant one (1) or more additional franchises or other similar lawful authorization to provide Cable Services within the Town; provided, the Franchising Authority agrees that, within ninety (90) days of the Grantee's request, it shall amend this Franchise to include any material terms or conditions that it makes available to the new entrant, or provide relief from existing material terms or conditions, so as to insure that the regulatory and financial burdens on each entity are materially equivalent. "Material M terms and conditions" include, but are not limited to: franchise fees; insurance; System build -out requirements; security instruments; Public, Education and Government Access Channels and support; customer service standards; required reports and related record keeping; and notice and opportunity to cure breaches. The parties agree that this provision shall not require a word for word identical franchise or authorization for a competitive entity so long as the regulatory and financial burdens on each entity are materially equivalent. Video Programming services delivered over wireless broadband networks are specifically exempted from the requirements of this Section. Nothing in this provision shall be construed to limit the Franchising Authority's authority to enter into other cable franchises that the Franchising Authority, in its sole discretion, determines meet the cable related needs and interests of the Franchising Authority. (B) Notwithstanding any provision to the contrary, at any time that a non -wireless facilities based entity, legally authorized by state or federal law, makes available for purchase by Subscribers or customers, Cable Services or multiple Channels of Video Programming within the Franchise Area without a franchise or other similar lawful authorization granted by the Franchising Authority, then Grantee may seek modification as per (A) above, or the term of Grantee's Franchise shall, upon ninety (90) days written notice from Grantee, be shortened so that the Franchise shall be deemed to expire on a date thirty-six (36) months from the first day of the month following the date of Grantee's notice. The Franchising Authority and Grantee shall then enter into proceedings consistent with Section 626 of the Cable Act for renewal of this Franchise. The Franchising Authority and Grantee shall have all rights and obligations provided under Section 626. (C) Notwithstanding any provision to the contrary, should any non -wireless facilities based entity provide Cable Service within the Franchise Area during the term of this Franchise without a franchise granted by the Franchising Authority, then Grantee may assert, at Grantee's option, that this Franchise is rendered "commercially impracticable" and invoke the modification procedures set forth in Section 625 of the Cable Act. SECTION 13 — Public, Educational and Governmental Access Use of a channel position for public, educational and governmental ("PEG") access shall be provided on the most basic tier of service offered by Grantee in accordance with the Cable Act, Section 611, and as further set forth below. "Channel position" means a number designation on the Grantee's channel lineup regardless of the transmission format (analog or digital). Grantee does not relinquish its ownership of or ultimate right of control over a channel by designating it for PEG use. A PEG access user --- whether an individual, educational or governmental user — acquires no property or other interest by virtue of the use of a channel position so designated. Grantee shall not exercise editorial control over any public, educational, or governmental use of a channel position, except Grantee may refuse to transmit any public access program or portion of a public access program that contains obscenity, indecency, or nudity. The Franchising Authority may authorize Designated Access Providers to control, operate, and manage 27 the use of the PEG Access Channel made available by Grantee under this Franchise. The Franchising Authority or its designee shall be responsible for developing, implementing, interpreting and enforcing rules for PEG Access Channel use. 13.1. PEG Access. A "PEG Access Channel" is a channel designated for noncommercial use by the Franchising Authority for public, educational, and/or government use. Grantee shall designate one (1) channel for PEG video programming to be used by the Franchising Authority and the municipalities in the Tri-Town Area. Unused time on the channel may be utilized by Grantee subject to the provisions for "fallow time" below. 13.2. Grantee Use of Fallow Time. Because blank or under utilized PEG channels are not in the public interest, in the event the Franchising Authority or other PEG access user elects not to fully program its channel, a Grantee may program unused time on those channels subject to reclamation by the Franchising Authority upon no less than 60 days notice. 13.3. Indemnification. To the extent permitted by law, the Franchising Authority shall indemnify Grantee for any liability, loss, or damage it may suffer due to violation of the intellectual property rights of third parties or arising out of the content of programming shown on any PEG Access Channel. The Franchising Authority shall require its Designated Access Provider(s) indemnify Grantee for any liability, loss, or damage it may suffer due to violation of the intellectual property rights or copyright infringement of third parties on any Access Channel on which that Designated Access Provider is involved in programming or operations. 13.4. Notice of Chan es. If Grantee makes changes to its Cable System that necessitate modifications to PEG Access signal transmission facilities and equipment (including but not limited to the upstream paths), Grantee shall provide reasonable advance notice of such changes to the Franchising Authority and shall provide, at Grantee's expense, any additional or modified facilities or equipment necessary to implement such modifications within a reasonable time period prior to the date that the system changes are to be made in a manner that, to the extent possible, minimizes disruption to the operation of the PEG Access Channel. 13.5. Channel Identification/Location/Relocation/Billlnsertions. 13.5.L The Grantee will use reasonable efforts to minimize the movement of PEG Access Channel assignments. The Grantee shall provide the Franchising Authority a minimum of sixty (60) days notice prior to any relocation of any PEG Access Channel, unless the change is required by federal law, in which case the Grantee shall give the Franchising Authority the maximum notice possible. Grantee shall reimburse the Franchising Authority for any costs incurred for any promoting, marketing, advertising and notice of the Channel change up to two thousand dollars ($2,000) so long as the relocation was a requirement of Grantee. 28 13.5.2. The Grantee, upon sixty (60) days written request, shall provide the Franchising Authority the opportunity to include two (2) PEG Access Channel bill insertions and up to two (2) PEG Access Channel bill messages per year. Bill messages are subject to printing space limitations. The Franchising Authority or its Designated Access Provider shall be responsible for the costs of printing its bill insertion, the cost of inserting the information into the Grantee's bills and for any incremental postage costs. Bill insertions must conform to the Grantee's reasonable mailing requirements. The Grantee shall be provided an opportunity to review and in its reasonable discretion, approval all PEG Access bill insertions and messages. 13.6. Support for PEG Access Capital Costs. 13.6.1. The Franchising Authority shall have the option to require Grantee to provide to the Franchising Authority a "PEG Contribution" in an amount of up to fifty cents ($.50) per month per Residential Customer (those not billed on a bulk basis) for PEG Access, or such lesser amount if authorized by the Franchising Authority. If the Franchising Authority elects to require a PEG contribution, it shall give Grantee ninety (90) days written notice and such PEG contributions shall begin to accrue within that ninety (90) day time frame. The Grantee shall not be responsible for collecting or paying the PEG Contribution with respect to gratis or complimentary accounts. The Grantee may recover this amount to the extent and in a manner provided for in federal regulations, and Franchising Authority may use the PEG Contribution in a manner consistent with federal law. Such payments are to be made quarterly on the same schedule as franchise fees. 13.6.2. Upon written request from Grantee, the Franchising Authority shall provide Grantee with public documents it maintains in the regular course of the Franchising Authority's business, consistent with the Colorado Open Records Act, which documents the use of the funds provided to the Franchising Authority. 13.7. Technical Quality. Grantee's Cable System shall be maintained so that all PEG Access Channels are provided at a level of technical quality and reliability consistent with FCC Technical Standards and all other applicable laws, rules and regulations for Customer channels. Grantee shall provide routine maintenance and shall repair and replace all transmission equipment, including modulators, associated cable and equipment necessary to carry a quality signal to the Franchising Authority's facilities unless the equipment is damaged by the Franchising Authority. All assigned PEG Access Channels can be used to transmit programming in any format which is technically compatible with the Cable System. 13.8. PEG Access Cooperation. The Franchising Authority may designate any other jurisdiction in the Tri-Town area which has entered into an agreement with Grantee or an affiliate of Grantee to receive any PEG Access benefit due the Franchising Authority hereunder, or to share in the use of PEG Access services, facilities, equipment or Channel operations hereunder. 29 SECTION 14 - Miscellaneous Provisions 14.1. Force Majeure. The Grantee shall not be held in default under, or in noncompliance with, the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default (including termination, cancellation or revocation of the Franchise), where such noncompliance or alleged defaults occurred or were caused by strike, riot, war, earthquake, flood, tidal wave, unusually severe rain or snow storm, hurricane, tornado or other catastrophic act of nature, labor disputes, failure of utility service necessary to operate the Cable System, governmental, administrative or judicial order or regulation or other event that is reasonably beyond the Grantee's ability to anticipate or control. This provision also covers work delays caused by waiting for utility providers to service or monitor their own utility poles on which the Grantee's cable or equipment is attached, as well as unavailability of materials or qualified labor to perform the work necessary. 14.2. Notice. All notices shall be in writing and shall be sufficiently given and served upon the other party by hand delivery, first class mail, registered or certified, return receipt requested, postage prepaid, or by reputable overnight courier service and addressed as follows: To the Franchising Authority: Town of Firestone 151 Grant Avenue P. O. Box 100 Firestone, CO 80520 ATTN: Town Manager To the Grantee: Comcast of Colorado I, LLC 434 Kimbark Street Longmont, CO 80501 with a copy to: Comcast Cable Attn.: Government Affairs Department 8000 East Iliff Avenue Denver, CO 80231 14.3. Entire Agreement. This Franchise Agreement, including all Exhibits, embodies the entire understanding and agreement of the Franchising Authority and the 30 Grantee with respect to the subject matter hereof and supersedes all prior understandings, agreements and communications, whether written or oral. All ordinances or parts of ordinances that are in conflict with or otherwise impose obligations different from the provisions of this Franchise Agreement are superseded by this Franchise Agreement. 14.4. Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Franchise Agreement is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect. 14.5. Governing Law, Venue. This Franchise Agreement shall be deemed to be executed in the State of Colorado, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of Colorado, as applicable to contracts entered into and performed entirely within the State. The venue for any dispute related to this Franchise shall be in the United States District Court for the District of Colorado or in the Weld County District Court. 14.6. Modification. No provision of this Franchise Agreement shall be amended or otherwise modified, in whole or in part, except by an instrument, in writing, duly executed by the Franchising Authority and the Grantee, which amendment shall be authorized on behalf of the Franchising Authority through the adoption of an appropriate resolution or order by the Franchising Authority, as required by applicable law. 14.7. No Third -Party Beneficiaries. Nothing in this Franchise Agreement is intended to confer third -party beneficiary status on any member of the public to enforce the terms of this Franchise Agreement. 14.8. No Waiver of Rights. Nothing in this Franchise Agreement shall be construed as a waiver of any rights, substantive or procedural, Grantee may have under federal or state law unless such waiver is expressly stated herein. 14.9. Costs to be Borne by Grantee. The Grantee shall pay for all costs of publication of this Franchise and the ordinances necessary to its adoption. 14.10. Reasonableness of Consent or Approval. Whenever under this Agreement "reasonableness" is the standard for the granting or denial of consent or approval of either party hereto, such party shall be entitled to consider public and governmental policy, moral and ethical standards as well as business and economic considerations. 14.11. No Joint Venture. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties and neither party is authorized to, nor shall, either party act toward third parties or the public in any manner that would indicate such relationship with the other. 31 14.12. Preferential or Discriminatory Practices Prohibited. Throughout the term of this Agreement, Grantee shall fully comply with all equal employment or non- discrimination provisions and requirements of federal, State and local laws, and in particular, FCC rules and regulations relating thereto, and will require its contractors and subcontractors to comply with same. IN WITNESS WHEREOF, this Franchise Agreement has been executed by the duly authorized representatives of the parties as set forth below, as of this day of .2015. Town of Firestone: By: Name: Paul Sorensen Its: Mayor ATTEST Carissa Medina, Town Clerk Comeast of Colorado IV, LLC: By: Name: Title: 32 ORDINANCE NO. 50 AN ORDINANCE AMENDING SECTIONS 15.52.020 AND 15.52.090 OF THE FIRESTONE MUNICIPAL CODE CONCERNING FLOODPLAIN REGULATIONS WHEREAS, the Town of Firestone is a statutory town organized under and pursuant to the laws of the State of Colorado and has authority pursuant to state law, including Title 31, Article 23, and Title 29, Article 20, Colorado Revised Statutes, to adopt floodplain regulations; and WHEREAS, Chapter 15.52 of the Firestone Municipal Code (FMC) sets limits on development in designated flood zones and describes procedures for approval of such development; and WHEREAS, controlled development in designated flood zones is necessary to protect the safety of persons and property; and WHEREAS, state and federal agencies issue regulations requiring certain elements be present in local floodplain development codes; and WHEREAS, the Town's floodplain development code must be updated to meet the state and federal requirements regarding new construction and special flood hazard areas; and WHEREAS, the amendments to the Town's floodplain development regulations enacted by this ordinance meet state and federal requirements, and will improve safety for persons and property in the Town; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection 15.52.020 of the Firestone Municipal Code is hereby amended by the addition of the following provision, which shall be added to such section in alphabetical order: Section 15.52.020 Definitions. New Construction, is added to read as follows: "New Construction" means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. Section 2. Subsection 15.52.090 of the firestone Municipal Code is hereby amended to read as follows (words to be deleted are shown in str-ikeattt; words to be added are underlined): 15.52.090 Special flood hazard areas --Basis for establishment. TheAr-eas f speeial 44@A.I hA;Z.Ard NA', his the G rnln Of t-he town the National Flood lfisufaHee Wegr-am on Flen-d- Insufanee Rate Maps (FIRM) or- Digital Fleed insur-anee Rate Maps (DFIRA4). The Special Flood Hazard Areas identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Weld County, Colorado and Incorporated Areas," dated January 20, 2016, with accompanying Digital Flood Insurance Rate Maps (DFIRM) and Flood Insurance Rate Maps (FIRMs) and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. These Special Flood Hazard Areas identified by the Flood Insurance Study and attendant mapping are the minimum areas of applicability of the regulations set forth in this c_hapter_and_may be supplemented by studies designated and approved by the Town of Firestone. The Flood lain Administrator shall keep a copy of the Flood Insurance Study, DFIRMs and FIRMS on file and available for public inspection. _ Section 3. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this � day of DeeePJVAV - , 2015. TOWN OF FIRESTONE, COLORADO kf TOWN ��� s� Paul Sorensen, Mayor �o 1~ _ � o 2 ATTEST: Town Clerk ORDINANCE NO. '081 AN ORDINANCE RENAMING AND AMENDING SECTION 2.12.030 AND AMENDING SECTION 2.12.050 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE RESPONSIBILITIES, DUTIES AND COMPENSATION OF THE TOWN MANAGER WHEREAS, the Town of Firestone recently revised its organizational chart to better reflect the operational direction and objectives of the organization; and WHEREAS, the Board of Trustees desires to amend certain provisions of Chapter 2.12 of the Firestone Municipal Code to revise the responsibilities and duties of the Town Manager to coincide with the Town's organizational chart; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.12.030 of the Firestone Municipal Code is hereby renamed and Subsection B of Section 2.1.2.030 is hereby amended to read as follows (words to be added are underlined; words to be deleted are strieke through): 2.12.030 — Powers Responsibilities and duties. B. The Town Manager's duties and responsibilities shall include, without limitation, the following: 1. Perform supervisory and professional work in the development of intergovernmental relations, planning and development, engineering, building inspection, capital projects, legislative compliance and economic development, as consistent with the goals and objectives of the Board of Trustees. 2. Provide oversight and guidance of branches of Town governance and monitor contract staff as depicted in the adopted organizational chart. 3. Ensure smooth implementation of all Town policies in the areas of economic development, planning and development, engineering and inspection with regard to the duties of the Town staff. 4. Assess governmental operations to ensure compliance with federal, state, and county and local legislative requirements regarding economic development, land use planning and development, engineering and inspection, and bring policy recommendations regarding the same before the Board of Trustees. 5. Manage land use planning and development activities with other municipalities and state and regional agencies. b. Promote the development and negotiation of intergovernmental agreements or other cooperative agreements with both public and private entities. 7. Confer and coordinate with community leaders and groups on a wide range of issues that are established as goals and objectives of the Board of Trustees. a. 9.8. Manage the activities of any urban redevelopment authority or financing authority of the Town. depat4ments and Town sta4l. 11.9. , .,..lulling advising the i2r.nr,l Of thle f-AA-A GA l 000-nditi ,n A-",1 f,+,.re weeds f the the Cause to be prepared and submitted to the Board of Trustees, no later than October 15 of each year, a proposed budget for the Town for the next fiscal year. Review and authorize operating expenditures of the Town within the defined parameters of the budget and adopted Town purchasing policies. Inform the Board of Trustees of financial status and potential needs for appropriate budgetary adjustments under the direction of the Board of Trustees. 4-2 10. Develop and implement strategies, policies and procedures to advance the goals and objectives of the Board of Trustees and various departments. hiring,reeemmendat ions regarding the same. witheut limitation, training, evaluating, e f e pl nt pt f r „ sitiens 1,.,+ « rife .+lt the e Beard oTrustees, � ++ ddf t e Beard.preeedur-es, as well as eWleyee benefit and eempensatien pr-egr-ams as se4 by the 11. Promulgate changes to the policies contained in the employee handbook adopted by the Board of Trustees, subject to Board oversight. 17,12. See that the ordinances of the Town and the applicable laws of the state are enforced and that the policies and procedures of the Town are followed. 4-&13. Make recommendations to the Board of Trustees concerning the affairs of the Town. 4914. Perform such other duties and responsibilities as required by the position description and any ordinance, resolution or motion of the Board of Trustees. Section 2. Section 2.12.050 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined, words to be deleted are strieken through): 2.12.050 — Compensation. 2 The compensation of the Town Manager shall be established by the Board of Trustees and subject to Board budgeting and appropriations. Section 3. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of 0f Ufij.2%ei2015. ATTEST: Car . , Town Clerk 3 TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor ORDINANCE NO. ObcQ-- AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFICIAL USE OF WATER ON BEHALF OF THE TOWN OF FIRESTONE, A MUNICIPAL CORPORATION, AND PRESCRIBING THE TERMS FOR APPLICATION FOR AN ALLOCATION OF THE RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER TO SAID TOWN OF FIRESTONE BY NORTHERN COLORADO WATER CONSERVANCY DISTRICT. WHEREAS, under the Water Conservancy Act of Colorado, Title 37, Article 45, Colorado Revised Statutes of 1973, it is necessary that the Board of Trustees of the Town of Firestone, a Colorado municipal corporation, in order to obtain the perpetual right to use Colorado -Big Thompson Project water on an annually renewable basis under C.R.S. 37-45-131 within the boundaries of the Northern Colorado Water Conservancy District, contract for the beneficial use of water from Northern Colorado Water Conservancy District, and the Town by this ordinance desires to authorize and direct the Mayor and Town Clerk to apply to the Board of Directors of said District for such water contract. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1: That the Town of Firestone has determined to apply for a contract providing for the beneficial use of Eight 8 acre-feet of water from Northern Colorado Water Conservancy District within the boundaries of the Northern Colorado Water Conservancy District. Section 2: That the Mayor and Town Clerk be and are hereby authorized and directed to apply to the Board of Directors of said Northern Colorado Water Conservancy District for a contract providing to the Applicant the beneficial use of water upon terms prescribed by said Board in the manner and form as in this section provided, to -wit: APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ANNUALLY RENEWABLE PERPETUAL WATER CONTRACT FOR RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER UNDER C.R.S. 37-45-131 Applicant, Town of Firestone, a Colorado municipal corporation, acting as governing body of a water activity enterprise, hereby applies to Northern Colorado Water Conservancy District (hereinafter "Northern Water"), a political subdivision of the State of Colorado, organized and existing by virtue of Title 37, Article 45, Colorado Revised Statutes, for a contract for the right to beneficially use Colorado -Big Thompson Project water under the following terms and conditions: 1. The quantity of water herein requested by Applicant for annual application to beneficial use is Eight 8 acre-feet to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. 2. It is understood and agreed by the Applicant that any water provided for use under this contract by the Board of Directors of Northern Water shall be primarily for domestic, irrigation, or industrial use within or through facilities or upon lands owned or served by said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the use of water (whether water service is provided by direct delivery, by exchange, or otherwise) shall be situated within the boundaries of Northern Water. 3. Applicant agrees that an acre-foot of water as referred to herein is defined as being one - three -hundred -ten thousandth (1/310,000) of the quantity of water annually declared by the Board of Directors of Northern Water to be available for delivery from the water supplies of the Northern Water. Applicant agrees that such water shall be delivered from the works of the Northern Water at such existing Northern Water delivery point or points as may be specified by the Applicant and that the water delivery obligation of Northern Water shall terminate upon release of water from said works. Further, the Applicant agrees that on November 1 of each year, any water undelivered from the annual quantity made available to the Applicant shall revert to the water supplies of Northern Water. 4. Applicant agrees to pay annually in advance for the amount of water herein provided for use under this contract by the Board of Directors of Northern Water at a price per acre-foot to be fixed annually by said Board; and, further, agrees that the initial annual payment shall be made, in full, within fifteen (15) days after the date of notice from Northern Water that the initial payment is due hereunder. Said notice will advise the Applicant, among other things, of the water year to which the initial payment shall apply and the price per acre-foot which is applicable to that year. Annual payments for each water year thereafter shall be made in advance by the Applicant on or before each October 1, 31 days prior to the start of the water year, at the rate per acre-foot established by the Board for municipal water use in that water year. For the purpose of this water contract, the water year is defined to be from November I to October 31 of the following year. If an annual payment as herein provided is not made by due date, written notice thereof, by certified mail, will be given by Northern Water to the Applicant at the following address: P. 0. Box 100, Firestone, CO 80520. Water deliveries shall be suspended as of November 1 of the new water year until payment of the delinquency is made. If payment is not made within ninety (90) days after the date of mailing of said written notice, Applicant shall have no further right, title, or interest under this contract; and the right of use of water as herein made, shall be disposed of at the discretion of the Board of Directors of Northern Water. Any proceeds from any sale of the right of use to another allottee shall be paid to Applicant over and above Northern Water's actual expense in terminating and disposing of the contract right of use. 2 This right of use shall be perpetual on an annually renewable basis. If the annual payment is made as provided in this application, the right of use shall be automatically renewed another water year without any further action of Northern Water; if the annual payment is not timely made, as provided above, the right of use shall terminate. Applicant agrees that the water allocation shall be beneficially used for the purposes and in the manner specified herein, and that this right of use is made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors or assigns of said Applicant without prior specific approval of the Board of Directors ofNorthern Water. 7. Applicant agrees to be bound by the provisions of the Water Conservancy Act of Colorado; the rules, regulations and policies of the Board of Directors of Northern Water as they may now exist or as they exist in the future; and by the Repayment Contract of July 5, 1938, between Northern Water and the United States and all amendments thereof and supplements thereto. 8. Applicant agrees, as a condition of this contract, to enter into an "Operating Agreement" with Northern Water if and when the Board of Northern Water finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by Northern Water. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard contracts of Northern Water; additional annual monetary consideration for extension of Northern Water delivery services and for additional administration, operation and maintenance costs; or for other costs to Northern Water which may arise through provision of services to the Applicant. Section 3: In the opinion of the Board of Trustees of the Town of Firestone, acquisition of this annually renewable perpetual right of use water contract for the Colorado -Big Thompson Project water from Northern Water and the right to the beneficial use of water thereunder by said Town of Firestone is necessary; the continued acquisition and use of this water supply is essential for the well- being of the community and for the preservation of the public peace, health, and safety; and the adequate protection of the health of the inhabitants of the community. Section 4: The Mayor and Town Clerk are hereby authorized to execute on behalf of Applicant all Application materials and other documents necessary to effect the contract herein specified. Passed and adopted, signed and approved this Olyl day of�7 n�j , A.D., 2016. TOWN OF FIRESTONE rs ES,Ssro,� ".FBy: I Paul Sorensen, Mayor BA, i o ;o 3 ATTEST: (SEAL) Carissa Medina, Town Clerk APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR CANCELLATION OF TEMPORARY USE PERMIT The Town of Firestone hereby applies for the cancellation of the following Temporary Use Permit: Permit Dated Acre -Feet April 10, 2015 08 Total Quantity to be Released 08 Dated at Firestone, Colorado this day of 320 ATTEST: (SEAL) TOWN OF FIRESTONE ORDER ON APPLICATION Application having been made by the Town of Firestone for the cancellation ofthe above Temporary Use Permit, and Hearing having been held by the Board of Directors of Northern Colorado Water Conservancy District, it is hereby ORDERED that the above Temporary Use Permit be canceled, Dated the day of 320 ATTEST: Secretary NORTHERN COLORADO WATER CONSERVANCY DISTRICT President APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ANNUALLY RENEWABLE PERPETUAL WATER CONTRACT FOR RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER UNDER C.R.S. 37-45-131 Applicant, Town of Firestone, a Colorado municipal corporation acting in its governmental capacity or a water activity enterprise (circle capacity in which applicant is acting), hereby applies to Northern Water, a political subdivision of the State of Colorado, organized and existing by virtue of Title 37, Article 45, Colorado Revised Statutes, for a contract for the right to beneficially use Colorado -Big Thompson Project water under the following terms and conditions: 1. The quantity of water herein requested by Applicant for annual application to beneficial use is 8 acre-feet to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. 2. It is understood and agreed by the Applicant that any water provided for use under this contract by the Board of Directors of Northern Water shall be primarily for municipal, domestic, irrigation, or industrial use within or through facilities or upon lands owned or served by said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the use of water (whether water service is provided by direct delivery, by exchange, or otherwise) shall be situated within the boundaries of Northern Water. 3. Applicant agrees that an acre-foot of water as referred to herein is defined as being one -three -hundred -ten -thousandth (1/310,000) of the quantity of water annually declared by the Board of Directors of Northern Water to be available for delivery from the water supplies of Northern Water. Applicant agrees that such water shall be delivered from the works of Northern Water at such existing Northern Water delivery point or points as may be specified by the Applicant and that the water delivery obligation of Northern Water shall terminate upon release of water from said works. Further, the Applicant agrees that on November I of each year, any water undelivered from the annual quantity made available to the Applicant shall revert to the water supplies of Northern Water. 4. Applicant agrees to pay annually in advance for the amount of water herein provided for use under this contract by the Board of Directors of Northern Water at a price per acre-foot to be fixed annually by said Board; and, further, agrees that the initial annual payment shall be made, in full, within fifteen (15) days after the date of notice from Northern Water that the initial payment is due hereunder. Said notice will advise the Applicant, among other things, of the water year to which the initial payment shall apply and the price per acre-foot which is applicable to that year. Annual payments for each water year thereafter shall be made in advance by the Applicant on or before each October 1, 31 days prior to the start of the water year, at the rate per acre-foot established by the Board for municipal water use in that water year. For the purpose of this water contract, the water year is defined to be from November 1 to October 31 of the following year. If an annual payment as herein provided is not made by due date, written notice thereof, by certified mail, will be given by Northern Water to the Applicant at the following address: P.O. Box 100, Firestone, Colorado 80520. Water deliveries shall be suspended as of November 1 of the new water year until payment of the delinquency is made. If payment is not made within ninety (90) days after the date of mailing of said written notice, Applicant shall have no further right, title, or interest under this contract; and the right of use of water as herein made, shall be disposed of at the discretion of the Board of Directors of Northern Water. Any proceeds from any sale of the right of use to another allottee shall be paid to Applicant over and above Northern Water's actual expense in terminating and disposing of the contract right of use. This right of use shall be perpetual on an annually renewable basis. If the annual payment is made as provided in this application, the right of use shall be automatically renewed another water year without any further notice of Northern Water; if the annual payment is not timely made, as provided above, the right of use shall terminate. 6. Applicant agrees that the water allocation shall be beneficially used for the purposes and in the manner specified herein, and that this right of use is made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors or assigns of said Applicant without prior specific approval of the Board of Directors of Northern Water. 7. Applicant agrees to be bound by the provisions of the Water Conservancy Act of Colorado; the rules, regulations and policies of the Board of Directors of Northern Water as they now exist or as they exist in the future; and by the Repayment Contract of July 5, 1938, between Northern Water and the United States and all amendments thereof and supplements thereto. 8. Applicant agrees, as a condition of this contract, to enter into an "Operating Agreement" with Northern Water if and when the Board of Northern Water finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by Northern Water. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard contracts of Northern Water; additional annual monetary consideration for extension of Northern Water delivery services and for additional administration, operation and maintenance costs; or for other costs to Northern Water which may arise through provision of services to the Applicant. 9. Acquisition of this annually renewable perpetual right of use water contract for the Colorado -Big Thompson Project water from Northern Water and the right to the beneficial use of water thereunder by the Applicant necessary; the continued acquisition and use of this water supply is essential for the well-being of the community and for the preservation of the public peace, health, and safety; and the adequate protection of the health of the inhabitants of the community. 10. The governing body of Applicant has duly approved this Application in accordance with all legally required procedures. Signed this day of , A.D., TOWN OF FIRESTONE ATTEST: (SEAL) ORDER ON APPLICATION Application having been made by or on behalf of all parties interested in this allocation of the right to use Colorado -Big Thompson Project water and after a Hearing by the Board, it is hereby ORDERED that the above application be granted and an allotment contract for 8 acre-feet of water is hereby made to the Town of Firestone, a Colorado municipal corporation, for the beneficial uses set forth in said application upon the terms, conditions, and manner of payment as therein specified. NORTHERN COLORADO WATER CONSERVANCY DISTRICT LOM President I hereby certify that the above Order was entered by the Directors of Northern Colorado Water Conservancy District on the day of , A.D., ATTEST: Secretary ORDINANCE NO. 883 AN ORDINANCE AMENDING SECTION 6.12.010 OF THE FIRESTONE MUNICIPAL CODE TO PERMIT THE KEEPING OF DOMESTICATED RABBITS AND ADDING A NEW CHAPTER 6.15 TO THE FIRESTONE MUNICIPAL CODE TO PERMIT THE KEEPING OF POTBELLIED PIGS WITHIN THE TOWN, AND ADOPTING RELATED REGULATONS WHEREAS, the Board of Trustees has previously adopted an ordinance codified at Section 5.44.020 of the Firestone Municipal Code making it unlawful for any person to maintain or keep any rabbits or swine within the Town; and WHEREAS, the Board of Trustees desires to amend the Code to allow domesticated rabbits and potbellied pigs to be kept as pets on single-family residential parcels subject to compliance with specific regulations; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection 6.12.010.A of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted are shown in Wit; words to be added are underlined): 6.12.010 Prohibited animals. A. It is unlawful for any person to maintain or keep any cattle, sheep, goats, hogs, rabbits, chickens, roosters, ducks, geese, horses or other livestock, wildlife or fowl within the town. The keeping of such animals within the town is declared to be a nuisance. Notwithstanding the foregoing, backyard chicken hens and potbellied pigs may be kept on single-family residential parcels within areas zoned R-1, R-2, R-5, PUD R-A or PUD R-B, subject to permitting and to compliance with the regulations set forth in Chapter 6.14 and Chapter 6.15 of this Code, and other applicable town requirements. Notwithstanding the foregoing, no more than three adult domesticated rabbits may be kept on single-family residential parcels within areas zoned R-1, R-2, R-5, PUD R-A or PUD R-B subject to compliance with the regulations set forth in this Code, and other applicable town requirements. Section 2. Title 6 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 6.15 to read as follows: Chapter 6.15 Potbellied Pigs I Sections: 6.15.010 Keeping of potbellied pigs. 6.15.020 Permit required. 6.15.030 Violations. 6.15.010 — Keeping of potbellied pigs. A. It shall be unlawful for any person to possess, harbor, keep, maintain or pen -nit at a dwelling within the Town any potbellied pig or any pig purporting to be a potbellied pig, unless the owner complies with the requirements of this Section. It shall be unlawful for any owner to fail to comply with these requirements. 1. Within 14 days of acquiring the potbellied pig, the owner or custodian must register the pig with the Town of Firestone, according to Section 6.15.020. 2. The potbellied pig must also be registered through an official potbellied pig registry. 3. Male potbellied pigs shall be neutered prior to four months of age. Female potbellied pigs shall be spayed prior to four months of age. 4. All owners of potbellied pigs shall have such pigs tested for pseudorabies and brucellosis prior to being brought into the Town and shall maintain proof of such tests being performed by a veterinarian properly licensed by the state. 5. The potbellied pig must wear an identification tag at all times with the owner's name and phone number. 6. A potbellied pig shall not exceed one hundred twenty (120) pounds in weight. 7. No more than one (1) potbellied pig shall be permitted on any residential property. 8. A potbellied pig kept on a residential property shall be kept as a pet for personal enjoyment, and not kept or raised for breeding, sale, for feed, or human consumption. 9. The requirements of this section are minimum requirements and do not affect any private controls, including any more stringent regulations or prohibitions on the keeping of potbellied pigs contained in private covenants. Nothing in this chapter shall affect the authority of any 2 owner's association to adopt and enforce more stringent standards for the keeping of potbellied pigs, or to prohibit outright the keeping of potbellied pigs on any property within the jurisdiction of such association. 6.15.020 — Permit required. Any person keeping a potbellied pig pursuant to this Chapter must first have been issued a permit by the Town, the application for which shall be made available by the Town Clerk. The application shall include a copy of the registration of the animal through an official potbellied pig registry; verification of neutering or spaying through a certified veterinarian, and verification of current vaccinations through a certified veterinarian. The Town Clerk shall assess an application fee of thirty dollars ($30.00) for each application received under this Chapter. 6.15.030 — Violations. A. Any person who violates any provision of this Chapter shall be punished by a fine of not more than one thousand dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment. Each day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted by any such person shall be a separate offense. B. A permit issued pursuant to Section 6J 5.020 may be revoked by the Town Clerk upon the conviction of the permit holder of a violation of this Chapter, or upon the permit holder's entry of a plea of guilty to a violation of this Chapter. C. It shall be unlawful for any owner of any potbellied pig to permit such pig unrestrained to enter upon the private property or premises of another without the prior consent of the owner or person in possession or in charge of such private property. It shall be unlawful for any owner of any potbellied pig to permit such pig to enter unrestrained upon any publicly owned property and facilities. D. The Town shall have the authority to seize, impound and dispose of any potbellied pigs found at large within the Town's limits. E. The remedies contained in this section are cumulative and are in addition to all other remedies available to the Town. Section 3. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. 3 Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 27th day of January, 2016. ,- I(2 .144 \g S Tp TOWN ATTEST: gr Q o..rY,..o Carissa M Town Clerk TOWN OF FIRESTONE, COLORADO )s Paul Sorensen Mayor 4 ORDINANCE NO. 'b$ AN ORDINANCE ADOPTING BY REFERENCE THE 2014 EDITION OF THE NATIONAL ELECTRICAL CODE AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH WHEREAS, state law requires that the Town follow the minimum standards of the National Electrical Code as adopted by the State Electrical Board pursuant to C.R.S. § 12-23- 104; and WHEREAS, it is deemed to be in the interest of the public health, safety and general welfare to adopt by reference the National Electrical Code with certain amendments tailored to accommodate particular circumstances and requirements of the Town; and WHEREAS, the Board of Trustees, after proper notice, has held a public hearing on this ordinance providing for the adoption of said code pursuant to C.R.S. § 31-16-203; and WHEREAS, the National Electrical Code and amendments thereto have been submitted to the Board of Trustees in writing and the Board of Trustees has determined that such code and amendments thereto should be adopted as herein set forth; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 15.08 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: Chapter 15.08 NATIONAL ELECTRICAL CODE Sections: 15.08.010 — National Electrical Code adopted 15.08.020 — National Electrical Code — Amendments 15.08.030 — Violations and penalties 15.08.010 — National Electrical Code adopted The National Fire Protection Association standard number 70, hereafter known as the National Electrical Code, published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts, 02169-7471, is hereby adopted by reference as the Town of Firestone Electrical Code as if fully set out in the ordinance codified herein with the additions, deletions, insertions and changes as follows, and such adoption is to have the same force and effect as if set forth herein in every particular. The effective edition of such National Electrical Code shall be the 2014 Edition or the succeeding edition currently adopted by the State Electrical Board, Division of Professions and Occupations, Department of Regulatory Agencies as updated from time to time. The purpose and subject matter of the National Electrical Code includes minimum regulations for the practical safeguarding of persons and property from the hazards arising from the use of electricity and minimum standards relating to the installation of electrical conductors and equipment within or on public and private buildings and other structures, including mobile homes, recreational vehicles and floating dwelling units, and other premises such as yards, carnivals, parking and other lots, and industrial substations. The National Electrical Code provides for the issuance of permits, inspections and the collection of fees therefor. Except as otherwise provided herein, the National Electrical Code is adopted in full, including the outline of contents, -index and all appendices thereto. A copy of the provisions of the National Electrical Code, currently adopted by the State Electrical Board, is available for public inspection during regular business hours at the State Electrical Board office at the Division of Professions and Occupations, Department of Regulatory Agencies, 1560 Broadway, Suite 1350, Denver, Colorado, 80202. In addition, at least one copy of the edition of the National Electrical Code, currently adopted by the State Electrical Board, has been and is now on file in the town building department and may be inspected during regular business hours. 15.08.020 — National Electrical Code — Amendments The National Electrical Code as adopted by the town is hereby amended as follows: The electrical permit fees for each permit shall be as established from time to time by resolution of the board of trustees and set forth in the town fee schedule maintained by the building officials for such purposes. 15.08.030 — Violations and penalties It shall be unlawful for any person, firm, building superintendent, building manager, contractor, contractor's superintendent, corporation or other entity to violate any of the provisions of this chapter or the terms of the code adopted and incorporated herein. Any person, firm or corporation convicted of a violation of any provision of this chapter or of the provisions of the code adopted and incorporated herein shall be subject to the penalty provided in Section 15.04.080. Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. 2 Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. The repeat or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in pant any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this d P' day of k-b Y-Q , 2016. TOWN OF FIRESTONE, COLORADO CRI, $OPaul Sorensen, Mayor ATTES O Carissa Medina Town Clerk 3 ORDINANCE NO. 885 AN EMERGENCY ORDINANCE AMENDING SUBSECTIONS 2.08.010(A) AND 2.44.040(A) OF THE FIRESTONE MUNICIPAL CODE REGARDING THE APPOINTMENT AND TERM OF THE MUNICIPAL JUDGES WHEREAS, the state law provides in Section 13-10-105, C.R.S., as amended, a municipal judge shall be appointed by the municipal governing body for a specified term of not less than two years; and WHEREAS, the Board of Trustees desires to amend certain provisions in Section 2.08.010 and Section 2.44.040 of the Firestone Municipal Code to revise the date of appointment and term of the municipal judge so the expiration of future terms does not coincide with the Town's municipal election; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection 2.08.010(A) of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are str-ieke thfoug ) 2.08.010— Officers, appointment, term. A. There shall be appointed by the board of trustees, no later than thirty days after the organization thereof in each election year, a town attorney, a town treasurer, a town clerk, and a town marshal, a ffiunieipatge and such other officers as from time to time shall be necessary for the proper government and control of the town, and the appointees shall hold their respective offices until their successors are appointed and qualified unless sooner removed according to law as hereinafter provided. Section 2. Subsection 2.44.040(A) of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are strieken thfaug ) 2.44.040 — Municipal Judge — Appointment — Oath A. The Municipal Judge or Judges shall be appointed by the Board of Trustees for a speeified term of not less than two years, which term shall expire on December 31 of an even numbered year, except for the judicial term commencing in 2016, which shall expire on December 31, 2018or- fof a te whieh expifes thirty days after- the, d— -A te A- f the next eleefieft ef the Bomd 0 fees. The appointment of all judges shall be by motion or ballot, and the concurrence of a majority of all the trustees elected shall be required, and the names of the trustees voting and the number of the votes each candidate receives 1 shall be recorded. Any vacancy shall be filled by the Board of Trustees. If more than one Municipal Judge is appointed, the Board of Trustees shall designate the presiding Municipal Judge. Any Municipal Judge must be admitted to and currently licensed in the practice of law in Colorado. The Municipal Judge shall meet the requirements of Section 13-10-106, C.R.S., as amended. Section 3. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. The Board of Trustees herewith finds, determines and declares that this ordinance is necessary for the immediate preservation of the public health and safety in order to timely effectuate the amendments to the Firestone Municipal Code set forth in this ordinance, so as to avoid potential uncertainty and confusion that may otherwise result without the timely appointment of judges after the municipal election. Therefore, this ordinance and the amendments to the Firestone Municipal Code set forth herein shall take effect April 13, 2016, provided the same has been adopted and signed by the Mayor and approved by three -fourths of the entire Board of Trustees. INTRODUCED, READ, ADOPTED, APPROVED AS AN EMERGENCY MEASURE BY A VOTE OF 1p TO, AND ORDERED PUBLISHED IN FULL this 13th day of April, 2016. TOWN OF FIRESTONE, COLORADO V)a"c: cyzgnlf�� Mayor P ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 2.58.030 AND 2.58.050 OF THE FIRESTONE MUNICIPAL CODE CONCERNING THE QUORUM AND OFFICER REQUIREMENT FOR THE PARKS, TRAILS AND RECREATION ADVISORY BOARD WHEREAS, the Board of Trustees previously adopted Chapter 2.58 of the Firestone Municipal Code, which created the Firestone Parks, Trails and Recreation Advisory Board ("Board") for the purpose of providing input, advice and recommendations on park, trail and recreational facility issues of concern to the Town and its citizens; and WHEREAS, the Board of Trustees desires to amend Section 2.58.030 of the Firestone Municipal Code to correct the name of the Board from the "Parks and Trails Advisory Board" to the "Parks, Trails and Recreation Advisory Board"; and WHEREAS, the Board of Trustees desires to amend Section 2.58.050 of the Firestone Municipal Code to increase the number of Board members constituting a quorum and remove the requirement that a Board member serve as secretary to the Board; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.58.030 of the Firestone Municipal Code is hereby amended to replace "Parks and Trails Advisory Board" with "Parks, Trails and Recreation Advisory Board. Section 2. Section 2.58.050 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are str-ie-ken threu-g#): 2.58.050 - Organization and rules. The Board shall hold at least four re ular meetings a year . egtll r Ffleeti— at least . The Board shall at its first meeting each year choose a Chairperson, and Vice -Chairperson from among its members and shall fill any vacancy in such offices. The Town Clerk shall serve as Secretary to the Board unless the Board appoints a Secretary from among its members. All meetings of the Board shall be held in accordance with the open meetings law. Special meetings may be called at any time by the Chairperson or two members of the Board upon giving forty-eight hours' notice of the special meeting to the Board members. The Board shall keep minutes and records of its meetings and transactions. Few Five members of the Board shall constitute a quorum, and an affirmative vote of a majority of those present constituting a quorum shall be sufficient to authorize any action of the Board. The Board shall have the power to adopt bylaws and rules and regulations for the conduct of its business consistent with the provisions of this Code and state law. Section 3. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 9,0" day of )06" , 2016. F 1 RES ATTEST: v �� r �O Larissa Medina, Town Clerk 2 TOWN OF FIRESTONE, COLORADO Vjs-Q::X7��� Paul Sorensen, Mayor 4257281 Pages: 1 of 5 11/29/2016 03:13 PM R Fee:$31.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill Mir, HIMIR I4jAK1VjWMkWmY Lh 11111 ORDINANCE NO.�� AN ORDINANCE APPROVING A REZONING AND OUTLINE DEVELOPMENT PLAN AMENDMENT FOR A PORTION OF THE OAK MEADOWS P.U.D. WHEREAS, Joseph Tarantino, as owner and applicant, has applied for an outline development plan amendment and rezoning for approximately 4.474 acres of land more particularly described on Exhibit A attached hereto, which land lies within and is a portion of the Oak Meadows P.U.D. and is hereinafter referred to as the "Property"; and WHEREAS, the application requests a rezoning of the Property from a Planned Unit Development, Neighborhood Center (PUD NC) zone district designation to Planned Unit Development, Residential B (PUD R-B) zone district designation; and WHEREAS, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the application on July 21, 2016, at which the applicant and other interested persons presented testimony to the Commission and at which a number of documents were made a part of the record; and WHEREAS, all materials related to the proposed rezoning and ODP amendment have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Board of Trustees considered the proposed rezoning and ODP amendment at a duly noticed public hearing held on August 10, 2016; and WHEREAS, the Board of Trustees finds that the proposed rezoning and ODP amendment is consistent with the Town's plan for the area, that the applicant has demonstrated that the proposed rezoning and ODP amendment meets the applicable criteria of the Town's ordinances and Development Regulations, and that the application should be approved subject to certain conditions; and WHEREAS, no protests were received by the Town pursuant to C.R.S. section 31-23-305. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO. Section 1. The Board of Trustees of the Town of Firestone, Colorado does hereby approve the proposed rezoning and outline development plan amendment for the Property, a portion of the Oak Meadows P.U.D., as legally described on Exhibit A, attached hereto and incorporated herein by reference, subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by reference, and the Town Board does hereby rezone the Property as legally described on Exhibit A from 4257281 Pages: 2 of 5 11/29),2016 03:13 PM R Fee:$31.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill priVIOUIV114l IAN,, NW.1 VU VAIkA 11111 Planned Unit Development, Neighborhood Center (PUD NC) to Planned Unit Development, Residential B (PUD R-B), subject to such conditions set forth in Exhibit B. The Town zoning map shall be amended accordingly. 1NTV,o UCED, D, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this—P.7 day of , 2016. Paul Sorensen ATTEST: Town Clerk ��FtES'10 m l SEAL 10 O i�.n CrJ� 910-D 16 10:54 AM [kmk] R:TimsionelWinmw\OaloneiausODPamend2D08 TB,orddoc 2 Mayor 4257281 Pages: 3 of 5 11/29/2016 03:13 PM R Fee:$31.00 Carly ,oppes, Clerk and Recorder, Weld County, CO mill 1111 OW 14'1i4+��4t�11114111 i�11��EWkA Ill1l EXHIBIT A Oak Meadows P.U.D. Parcel PA-1 Third Amended Outline Development Plan Legal Description That portion of the Southwest One Quarter of Section 6, Township 2 North, Range 67 West of the 6th Principal Meridian, Town of Firestone, County of Weld, State of Colorado, more particularly described as follows: The Basis of Bearings is the west line of the Southwest One Quarter of Section 6, Township 2 North, Range 67 West of the 6th Principal Meridian, as monumented with an aluminum cap with marking PLS 28656 at the south end, and an illegible aluminum cap at the north end, and is assumed to bear N 00°22' 35" E. BEGINNING at the southeast corner of Tract "T", Oak Meadows P.U.D. Filing 1, recorded at Reception No. 2689867, from whence the southwest corner of said Section 6 bears S 38011,48" W a distance of 715.93 feet, more or less; Thence, N 00022'35" E, along the easterly line of said Tract "T", a distance of 204.85 feet; Thence, N 89003,23" E, departing said easterly line of said Tract "T", a distance of 264.36 feet to a point of curvature; Thence, along a curve to the left a distance of 148.74 feet, said curve having a radius of 492.38 feet, a delta angle of 17°18128 and a chord distance of 148.17 feet, which bears N 80024'09" E to a point of reverse curvature; Thence, along a curve to the right a distance of 90.71 feet, said curve having a radius of 942.66 feet, a delta angle of 5030148", and a chord distance of 90.67 feet, which bears N 74°30119" E, to a point on the westerly right-of-way line of Oak Meadows Boulevard, as shown on said Oak Meadows P.U.D. Filing 1, said point also being a point of non -tangent reverse curvature; Thence, along a curve to the left, along said westerly right-of- way line, a distance of 135.50 feet, said curve having a radius of 327.00 feet, a delta angle of 23044'33", and a chord distance of 134.54 feet, which bears S 30°02156" E; ktl 4257281 Pages: 4 of 5 11/29/2016 03:13 PM R Fee:$31.00 Carly Koppes, Clerk and Recorder, Weld County, CO oIl�r�ll ���I#TitA`l41FtiAzwl IIC �ll1I Thence, S 41055113" E, continuing along said westerly right-of- way line, a distance of 265.00 feet to a point of curvature; Thence, along a curve to the right a distance of 17.49 feet, said curve having a radius of 323.00 feet, a delta angle of 3006109", and a chord distance of 17.49 feet, which bears S 40022108" E to a point of non -tangency; Thence, S 66°10150" W, departing said westerly right-of-way line, a distance of 222.69 feet; Thence, N 90°00100" W, a distance of 123.19 feet; Thence, N 58°24,57" W, a distance of 221.18 feet; Thence, N 79°50,25" W, a distance of 243.37 feet to the POINT OF BEGINNING. Said parcel containing 4.474 acres, more or less. Said parcel being subject to any and all easements, rights -of -way, variances and/or agreements as of record may appear. 4 4257282 Pages: 5 of 5 11/29/2016 03:13 PIS R Fee:$31.00 Carly Koppes. Clerk and Reoorder. Weld County, CO 1111NF.rFlMM,IN' HO'.1141MLimIko�W�h ��II EXHIBIT B Rezoning/Third Amended Outline Development Plan Oak Meadows P.U.D. Conditions of Approval 1. Address Town Engineer comments dated May 13, 2016. 2. Address Town staff redline comments to the ODP text. 3. Provide an updated title commitment dated within 30 days prior to recording of final documents. 4. Identify what area the "54.0' right-of-way" is describing on the ODP Map. 5. On the ODP map, note that the hill shown to the east of the property has been removed. 6. In the Land use Table, identify the Open Space area also as Oil/Gas setback area. 7. Replace "FDP" with "ODP" in the acknowledgement block. i.1 ORDINANCE NO. 5t>b AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND ADAMS BANK & TRUST FOR THE LEASE OF OFFICE SPACE LOCATED AT 8308 COLORADO BOULEVARD WHEREAS, the Town has the authority to Iease property in accordance with applicable law, including but not limited to, C.R.S. § 31-15-101; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town to lease space to meet the current needs of the Town for professional office space; and WHEREAS, for such purpose, there has been proposed a lease agreement between the Town and Adams Bank & Trust for the Town to lease approximately 2,350 square feet of professional office space located at 8308 Colorado Boulevard in the Town of Firestone; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town to enter into the lease contemplated herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves a Lease Agreement between the Town of Firestone and Adams Bank & Trust (the "Lease") for the lease of certain real property located at 8308 Colorado Boulevard (WCR 13) in the Town of Firestone, Colorado, more specifically designated as Suites 214-221 and Suite 223 at said address totaling approximately 2,350 square feet, for use by the Town as Town professional offices, in substantially the form of such Lease as accompanies this ordinance. Section 2. The Mayor is hereby authorized to execute such Lease on behalf of the Town, except the Mayor is hereby further granted the authority to approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. Section 3. The Mayor, Town Clerk, Town Manager and Town staff are authorized to execute such other documents as are necessary to implement the Lease, and to make payments under the Lease for which funds are legally available. The Town's financial obligations under the Lease are expressly subject to annual appropriation by the Board of Trustees and nothing in this ordinance or the .Lease is intended or shall be construed to create any multiple -fiscal year direct or indirect Town debt or fiscal obligation whatsoever. Section 4. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of , 2016. TOWN OF FIRESTONE, COLORADO Ds(:: MJA-� Paul Sorensen, F\ REST Mayor . f ....,IN ttest:� roWN . o Q � ro O issa Medina NAY.. COS' Town Clerk 2 LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into by and between the following parties and upon the following terms and conditions: (1) Parties The parties to this Agreement, hereinafter referred to as LANDLORD and TENANT, respectively are: 1.1 LANDLORD: Adams Bank & Trust 1.2 TENANT: Town of Firestone (2) Premises Landlord hereby leases to TENANT the following described real property situated in Weld County, Colorado, to wit: That portion of a certain commercial building which is known as 8308 Colorado Boulevard (WCR 13) in the Town of Firestone, Colorado, more specifically designated as Suites 214, 215, 216, 217, 218, 219, 220, 221 & 223 totaling approximately 2,350 square feet. (3) Term The term of this lease shall be as follows: 3.1 Date of Beginning of Base Term: August 1, 2016 3.2 Date of Termination of Base Term: Two years from Beginning of Base Term. 3.3 Term of Extension Option: TENANT shall have two options to extend the term of this lease by an additional one-year period of time. Said options may be exercised by written notice to LANDLORD provided one hundred twenty (120) days prior to expiration of the Base Term in the case of the first option, and one hundred twenty (120) days prior to the expiration of the first, additional one-year period, if TENANT desires to exercise the second option. The options shall be extended using an adjustment in rent to the base of $4,210.00 ($21.50/sq. ft.). After the two-year Base Term, the adjustment in rent would reflect an increase to $4,407.00 ($22.50/sq. ft.) for each of the additional one-year option periods. (4) Rental The rental to be paid by TENANT to LANDLORD, the place of payment of the same and the dates of the payment of the same shall be: The First of every month, in the sum of $4,210.00. 1 4.1 Amount of Base Rental: For twelve (12) months the sum of $50,520.00, payable at $4,210.00 per month. As of August 1, 2016, the TENANT has remitted a rental amount of $4,015.00, which represented the last month's rental under the Lease Agreement dated June 25, 2014. That certain payment of $4,015.00 will be applied toward the first month's rental under this Lease Agreement, leaving a balance due of $195.00 for the month of August 2016. The security deposit paid to LANDLORD under the Lease Agreement dated June 25, 2014 is acknowledged by LANDLORD and held as security deposit under this current Lease Agreement. 4.2 Place of payment. Adams Bank & Trust, 8308 Colorado Boulevard (WCR 13), Suite 100, Firestone, Colorado 80504-6801, or such other place as LANDLORD may designate to TENANT. 4.3 Dates of payments: The first day of each month during the Base Term and any extension granted hereunder. (5) Repair of Alteration 5.1 TENANT accepts possession of said premises in the same condition effective on the date of beginning of Base Term, as heretofore stated in clause 3.1. LANDLORD shall have no obligation for alteration or repair of the same. 5.2 Effective on the date of beginning of Base Term, as heretofore stated in clause 3.1, the TENANT shall not have the right to make alteration or structural changes in or upon said premises without the prior written consent of the LANDLORD. (6) Utilities 6.1 The expense of all utilities servicing said premises shall be paid by LANDLORD, at no expense to TENANT. (7) Maintenance of Premises 7.1 LANDLORD will at no cost to TENANT maintain all plumbing, air-conditioning, heating and other interior improvements during the term of this lease and any extension thereof. LANDLORD shall be responsible for the maintenance of the exterior of said building. The. TENANT will at its expense maintain the janitorial services of the leased premises. The TENANT shall be responsible for all its ancillary expenses (such as coffee, tea, and food) that are incurred within its leased space or common areas of the building (except for the bathrooms). 7.2 LANDLORD shall at no cost to TENANT maintain in good repair all exterior parts of the demised premises including but not limited to the roof, exterior walls, foundations, support of floors, ceilings, drain spouts, sidewalks, driveways, window casing and frames, plate glass therein (unless breakage thereof is due to negligence of TENANT, its employees or customers while working inside the building), doors and door frames and casings and all hardware thereon, underground plumbing, water lines, gas lines and electrical lines. The LANDLORD shall be solely responsible for all structural defects and damage. The TENANT shall be solely responsible for the decoration of 2 the interior of said leased premises in such manner, as it may deem suitable for its occupancy, with LANDORD approval. 7.3 All personal property in the leased premises shall be at the risk of the TENANT only and the LANDLORD shall not be or become liable for any damage to personal property, to said premises or to said TENANT or to any other persons or property caused by water leakage, steam, sewerage, gas or odors or for any damage whatsoever done or occasioned by or from any boiler, plumbing, gas, water, steam or other pipes or any damage occasioned by water, snow, or ice being upon or coming through the roof, skylight, trapdoor, or otherwise, or for any occupants, or employees of the building in which the leased premises are situated or arising by reason of the use or any defect in the said building or any of the fixtures, equipment, or appurtenances therein, or by the act or neglect of LANDLORD or caused in any other manner whatsoever, unless the same shall be directly attributable to the negligence of LANDLORD or LANDLORD's agents. 7.4 In the event the improvements or any part thereof shall be destroyed or damaged by fire, superior forces or any other unavoidable casualty, and the operation of the TENANT'S business is materially interfered with, then an adjusted and proportionate part of the rents hereby reserved shall abate during such time as said premises are unfit for occupancy. In the event of damage to said premises from any cause whatever rendering the same totally untenantable (defined as such loss as shall result in insurance reimbursement of 50% or more of the insurance coverage maintained upon said premises or the building in which they are situated) this lease shall be considered terminated and at an end. Provided, however, that, LANDLORD may, instead, elect to reconstruct said premises, in which event all provisions of this agreement shall continue in force, provided such option is exercised by notice in writing given to TENANT within 30 days of the date of such loss. In the event LANDLORD exercises said option, repair of said premises shall be proceeded with as promptly after the exercise of said option as possible and shall be continuously and expeditiously pursued. No rental shall be payable from TENANT during such period while said premises remaining untenantable. 7.5 There is established around and adjacent to the leased premises parking facilities containing 44 parking spots, seven (7) of which shall be assigned specifically to the TENANT for use by TENANT'S officers, staff, guests or invitees during the term of this lease and any extension. The LANDLORD at its expense will sign these seven (7) spaces as "Reserved —Town of Firestone." LANDLORD further agrees it will maintain throughout the term of this lease and any extension no less than seven (7) unreserved spaces available in the adjacent east parking lot for general use. LANDLORD will determine location of TENANT staff parking. LANDLORD will bear the expense of snow removal and parking lot maintenance. 7.6 Signage space will be available to the TENANT in the front entrance of the building, and on its office doors. The cost of the signage is the sole responsibility of the TENANT. LANDLORD will also provide TENANT space for an exterior wall or monument sign, which shall be subject to LANDLORD'S approval and the cost of which is the sole responsibility of the TENANT. (8) Inspection 8.1 LANDLORD shall have the right to go upon said premises at reasonable times and hours and inspect the same, for the purpose of ascertaining compliance with the terms of this agreement by TENANT and for undertaking any repair which is the obligation of LANDLORD. (9) Claims of Third Parties 9.1 To the extent permitted by law, TENANT shall indemnify LANDLORD and hold LANDLORD harmless from any and all claims of third parties arising from the conduct of TENANT upon said premises or the management of the business conducted by TENANT upon said premises, or otherwise arising by reason of any alleged negligence of TENANT and TENANT'S officers or employees. Any damage to said premises or the building in which the same are situated resulting from the negligence of TENANT, or TENANT'S officers or employees shall be the liability of TENANT to LANDLORD, or shall be repaired by TENANT. (10) Use of Premises 10.1 TENANT shall utilize said premises for the operation of the Town of Firestone professional offices, and related activities associated therewith, and for no other purpose without the written consent of LANDLORD; and TENANT shall neither engage in nor permit any activity thereon in violation of the ordinances of the Town of Firestone, or the laws of the State of Colorado and shall otherwise in its occupancy of said building, comply in all respects with the governing statutes and ordinances including the prompt removal of all obstructions or hazards of any nature from the sidewalk and all parking areas on the premises; neither will TENANT utilize said premises for any purpose which would result in the increase of the rate of insurance thereon or for any purpose tending to injure the reputation of the premises or the LANDLORD or to disturb tenants of adjoining premises or to otherwise create a nuisance in the neighborhood. 10.2 TENANT further agrees not to allow or participate in any banking service or sale of any securities, except such activities as are incident to the Town's municipal operations. (11) Assignment 11.1 This lease and the agreements herein contained maybe assigned by LANDLORD or utilized as security by LANDLORD without the consent of TENANT. TENANT may not assign, sublet or permit occupancy of said premises by third persons without the prior written consent of LANDLORD. (12) Liability of Landlord 12.1 LANDLORD shall not be liable to TENANT for any damage occasioned to the property of TENANT from the water, electricity or gas supplied to said premises or otherwise, in any manner, from the plumbing thereof, or from fire, structural failure or loss from natural causes sustained upon said premises, unless the same shall be directly attributable to the negligence of LANDLORD or LANDLORD'S agents. 4 (13) Insurance 13.1 TENANT shall carry such insurance upon the interior of said premises and for any damage inflicted to said building by an instrumentality or equipment utilized in said building and under the control of TENANT; and LANDLORD shall maintain such insurance upon said building, insuring the same against the common risks. 13.2 TENANT shall carry general liability insurance with aggregate limits of $100,000.00 for one accident and $1,000,000.00 as a maximum, and said insurance shall contain the name LANDLORD as an additional insured, as the same relates to the leased premises or the use and utilization of the subject premises by TENANT and its agents, servants, employees, customers and clients. (14) Covenants of Landlord 14.1 LANDLORD covenants that LANDLORD is the owner in fee of the premises forming the subject matter of this lease and that TENANT shall have peaceful and quiet enjoyment of said premises throughout the term of this lease. (15) Bankruptcy 15.1 If TENANT shall become insolvent or make an assignment for the benefit of creditors or file a petition in bankruptcy, or seek the benefit of any bankruptcy, composition with creditors or insolvency law, or if the TENANT shall be adjudged bankrupt or if a receiver or trustee of the TENANT shall be appointed, or this lease shall be operation of law devolve upon or pass to any person other than the TENANT, then in each such case the LANDLORD shall have the right and option to terminate this lease at any time and with or without demand or notice and with or without legal process enter into the demised premises and take possession thereof an may use all force necessary to effect such entry and/or to hold such possession and/or to remove the lessee and/or any person and/or any property from the demised premises. 15.2 Nothing herein contained shall create a partnership or joint venture between the LANDLORD and TENANT or render either party in any way responsible for debts, losses or obligations of the other, as the relationship herein created is solely that of LANDLORD and TENANT. (16) Default 16.1 Upon the occurrence of any event of default LANDLORD may, in addition to any other remedy of right given by law, terminate this lease by service of written notice of such termination upon TENANT and thereupon enter upon said leased premises, or any part thereof upon the date specified in such notice and retake possession of said premises. 16.2 Each of the following shall be deemed an event of default: 16.2.1 Default in the payment of rental provided herein for a period often (10) days. 5 16.2.2 Breach by TENANT of any of the covenants or other obligations of TENANT set forth herein, and failure by TENANT to remedy such breach in full upon 15 days notice in writing thereof given by LANDLORD. 16.2.3 Abandonment of said premises by TENANT. 16.2.4 The making of an assignment by TENANT for the benefit of creditors or the filing by TENANT or against TENANT of a petition in bankruptcy, the filing of any petition against TENANT for the foreclosure of any judgment lien against said leasehold, or the levy of any writ of execution upon said leasehold. 16.2.5 Acceptance by LANDLORD of any rental payment after its due date shall not constitute a waiver as to the time of making of future payments. (17) Payment of Taxes 17.1 LANDLORD shall pay all real estate, special assessments and other taxes levied or assessed against the leased premises. 17.2 The TENANT shall pay all taxes assessed against personal property placed by it in the demised premises. (18) Redelivery of Possession 18.1 Upon the expiration of the Base Term herein set forth, or any extension thereof, or upon termination of this lease in any manner herein provided, Tenant will surrender possession and occupancy of said premises to LANDLORD without any other or further notice than the terms of this lease. 18.2 The security deposit shall be returned to TENANT within thirty (30) days following the expiration or termination of the lease. If LANDLORD proposes to retain any portion of the security deposit, it shall provide notice of same to TENANT and shall return within said 30-day period the undisputed portion of the deposit. The deposit may be used only to cure a TENANT default, after notice and an opportunity to cure as provided in Section 16. (19) Time of Essence 19.1 Whenever any periods of time are provided for in the lease, it is agreed that time is an essential element of the same. (20) General 20.1 This agreement shall extend to and be binding upon the successors and assigns of LANDLORD and of TENANT. 20.2 The parties hereto do not intend this Agreement to be a multiple fiscal year financial obligation within the meaning of Article X, Section 20 of the Colorado Constitution, and this Agreement shall be interpreted so as to avoid any such meaning. The parties therefore agree that all obligations of the Firestone Board of Trustees to make 6 payment under this Agreement are subject to annual appropriation by the Board of Trustees. In the event of non -appropriation of funds, TENANT shall provide written notice of same to LANDLORD and this lease shall terminate effective as of the date stated in such notice. Upon such termination, TENANT will surrender possession and occupancy of said premises to LANDLORD and TENANT shall have no liability for any future rent; however, TENANT shall remain obligated to pay rent for its period of occupancy of the premises, and rent for the final month of occupancy shall be pro -rated at a daily rate if necessary. 20.3 LANDLORD shall have no right to relocate or consolidate TENANT, or to otherwise substitute all or any portion of the premises. 20A TENANT, for no further charge, shall have access to the first floor conference room and kitchen for TENANT meetings, up to ten (10) meetings per month solely during normal bank operating hours. Proposed times of use shall be coordinated through LANDLORD. 20.5 The parties understand and agree that the TENANT, a municipal corporation, is relying on, and does not waive or intend to waive by an provision of this Agreement, the monetary limitations (presently $350,000 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq., as from time to time amended, or otherwise available to the Town, its officers, or its employees. 20.6 The Lease Agreement between LANDLORD AND TENANT, dated June 25, 2014, is hereby terminated effective as of the effective date of this Lease Agreement. The security deposit of an amount equal to $4,015.00 is held and acknowledged by the LANDLORD to be applied to the security deposit under this Lease Agreement, as further described in Article 4 of this Lease Agreement. Dated this day of , 2016. Adams Bank & Trust, Landlord By: 7 Town of Firestone, Tenant By: Paul Sorensen, Mayor Attest: in Carissa Medina, Town Clerk STATE OF COLORADO ) ) SS COUNTY OF WELD ) On this day of , 2016, before me the undersigned, a Notary Public, duly commissioned, qualified and residing in said County, personally came of Adams Bank & Trust, a Nebraska Corporation by me known to be the identical person whose name was affixed to the foregoing instrument in said capacity, and acknowledged the execution thereof to be his voluntary act and deed and the voluntary act and deed of said Corporation. WITNESS my hand and Notarial Seal on the day and year last written above. Notary Public STATE OF COLORADO ) ) SS COUNTY OF WELD } On this day of , 2016, before me the undersigned, a Notary Public, duly commissioned, qualified and residing in said County, personally came Paul Sorensen, Mayor, and Carissa Medina, Town Clerk, by me known to be the identical person whose name is affixed to the foregoing instrument and acknowledged the execution thereof to be his voluntary act and deed and the voluntary act and deed of said Town of Firestone. WITNESS my hand and Notarial Seal the day and year last written above. Notary Public 8 4239758 Pages: I of 2 - 09/27/2016 09:28 AM R Fee:$16.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill IK F AM111MVIONWK 141WWI 111'y iou II II ORDINANCE NO. WA AN ORDINANCE APPROVING AN ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO KNOWN AS THE FIRESTONE NINTH (9T`) ANNEXATION WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Firestone Ninth (9' } Annexation, has been filed with the Board of Trustees of the Town of Firestone, which parcel is described in Exhibit A attached hereto; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on August 24, 2016 held a duly -noticed public hearing to consider the proposed annexation; and WTEREAS, notice of the hearing was published on July 18 and 25, and August 1 and 8, 2016 the Daily Times -Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition or the annexation agreement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Firestone Ninth (9'h) Annexation to the Town of Firestone, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 24th day of August, 2016. TOWN OF FIRESTONE, COLORADO ES f _ Paul Sorensen, Mayor 10 mix mI S ° r0 a Medina, own Clerk ��VTy, GQ 4239758 Pages: 2 of 2 09/27/2016 09:28 AM R Fee:$16.00 Carly Koppes, Clerk and Recorder, Weld County, Co mill NFOAPINI AN i��Ni���w�'N��'�+�i�� EXHIBIT A LEGAL DESCRIPTION FIRESTONE NINTH (9") ANNEXATION A tract of land located in the in the W1/2 of Section 25, the E1/2 of Section 26, the NEI/4 of Section 35, and the NW 1/4 of Section 36, T3N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: BEGINNING at the Sl/4 Corner of said Section 26, from which the Southeast Corner of said Section 26 bears N89" 16'34"E, 2655.85 feet (Basis of Bearing), thence N00°06' 14"W, 30.00 feet along the West Line of the SE1 /4 of ' said Section 26 to the Northerly Right-of-way Line of Weld County Road 28; Thence N89°16'34"E, 2625.80 feet along the Northerly Right-of-way Line of said Weld County Road 28 to the Westerly Right-of-way Line of said Weld County Road 11; Thence N00° 12'43"W, 2624.77 feet along the Westerly Right-of-way Line of said Weld County Road 11; Thence N00°13'07"W, 2614.57 feet along the Westerly Right-of-way Line of said Weld County Road 11 to the Southerly Line of the Northerly 40.00 feet of the NEI/4 of said Section 26; Thence N89°39'14"E, 30.38 feet along the Southerly Line of the Northerly 40.00 feet of the NEIA of said Section 26 to the Southerly Line of the Northerly 40.00 feet of the NWIA of said Section 25; Thence N88°4943"E, 78.81 feet along the Southerly Line of the Northerly 40.00 feet of the NW1/4 of said Section 25 to the Southeasterly Right-of-way Line of State Highway 66 conveyed to The Department of Highways, State of Colorado as described in Special Warranty Deed recorded December 13, 1957, in Book 1491, as Reception No. 1266961 of the records of Weld County, Colorado; Thence S43'50'43"W, 70.71 feet along the Southeasterly Right-of-way Line of said State Highway 66 to the Easterly Right-of-way Line of said Weld County Road 11; Thence S00°13'07"E, 2565.14 feet along the Easterly Right-of-way Line of said Weld County Road 11; Thence S00°12'43"E, 2684.23 feet along the Easterly Right-of-way Line of said Weld County Road 11 to the Northerly Line of BAREFOOT ANNEXATION, an annexation to the Town of Firestone; Thence S89° 16'34"W, 29.98 feet along the Northerly Line of said BAREFOOT ANNEXATION to the East Line of the NE1/4 of said Section 35, also being a point along the Southerly Right-of-way Line of said Weld County Road 28; Thence S89'16'34"W, 2655.62 feet along the Southerly Right-of-way Line of said Weld County Road 28 to the West Line of the NEI/4 of said Section 35; Thence N00°42'02"W, 30.00 feet along the West Line of the NEIA of said Section 35 to the POINT OF BEGINNING. Area = 10.944 acres, more or less. 8123/2016 1-58 PM [kmk] R:TirestonelAnne a6cnTirestone 9th (ROW) ord.doc 2 4239761 Pages: i of 4 09/27/2016 09:28 AM R Fee:$26.00 Carly Koppes, Clerk and Recorder. Weld County. CO mill l�� 411it 1�''!�'I�+�R 1��ri 1111 ORDINANCE NO. AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE FIRESTONE NINTH (9TH) ANNEXATION WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the Firestone Ninth (9t) Annexation, was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property, known as the Firestone Ninth (9`h) Annexation, was annexed to the Town by ordinance, and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property has requested the R-1 Residential District zoning classification of the property; and WHEREAS, the R-1 Residential District zoning classification is consistent with the Town's plan for the area encompassed by the Firestone Ninth (9 h) Annexation; and WHEREAS, the Firestone PIanning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation on the zoning request to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by Iaw; and WHEREAS, no protests were received by the Town pursuant to C.R.S. Section 31-23- 305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Firestone Ninth (9`h) Annexation to the Town of Firestone, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned R-1 Residential District, pursuant to the zoning ordinances of the Town, and the Town zoning map shall be amended accordingly. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 24t" day of August, 2016. TOWN OF FIRESTONE, COLORADO ��gESTQ�€ Paul Sorensen iOwN Mayor 812112016 2:01 PM [kmk] R:1FirestanelAnnexa6onTirestane 9th (ROW) zone ord.doc 4239761 Pages: 2 of 4 09/27/2016 09:28 AM R Fee:$26.00 Carly Koppee. Clerk and Recorder, Weld County, Co III! I�Fjffl WU 1111 2 4239761 Pages: 3 of 4 09/27/2016 09:28 AM R Fee:$26.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill VON V KAMIRol 1111 h II 111 EXHIBIT A LEGAL DESCRIPTION FIRESTONE NINTH (9") ANNEXATION A tract of land located in the in the WI/2 of Section 25, the E1/2 of Section 26, the NEIA of Section 35, and the NWIA of Section 36, T3N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: BEGINNING at the SIA Corner of said Section 26, from which the Southeast Corner of said Section 26 bears N89° 16'34"E, 2655.85 feet (Basis of Bearing), thence N00°06'14"W, 30.00 feet along the West Line of the SETA of said Section 26 to the Northerly Right-of-way Line of Weld County Road 28; Thence N89°16'34"E, 2625.80 feet along the Northerly Right-of-way Line of said Weld County Road 28 to the Westerly Right-of-way Line of said Weld County Road 11; Thence N0092'43"W, 2624.77 feet along the Westerly Right-of-way Line of said Weld County Road 11; Thence N00°13'07"W, 2614.57 feet along the Westerly Right-of-way Line of said Weld County Road 11 to the Southerly Line of the Northerly 40.00 feet of the NE1/4 of said Section 26; Thence N89°39'14"E, 30.38 feet along the Southerly Line of the Northerly 40.00 feet of the NEIA of said Section 26 to the Southerly Line of the Northerly 40.00 feet of the NWIA of said Section 25; Thence N88°49'43"E, 78.81 feet along the Southerly Line of the Northerly 40.00 feet of the NW 1/4 of said Section 25 to the Southeasterly Right-of-way Line of State Highway 66 conveyed to The Department of Highways, State of Colorado as described in Special Warranty Deed recorded December 13, 1957, in Book 1491, as Reception No. 1266961 of the records of Weld County, Colorado; Thence S43°50'43"W, 70.71 feet along the Southeasterly Right-of-way Line of said State Highway 66 to the Easterly Right-of-way Line of said Weld County Road 11; Thence S00°13'07"E, 2565.14 feet along the Easterly Right-of-way Line of said Weld County Road 11; Thence S00°12'43"E, 2684.23 feet along the Easterly Right-of-way Line of said Weld County Road 11 to the Northerly Line of BAREFOOT ANNEXATION, an annexation to the Town of Firestone; Thence S89°16'34"W, 29.98 feet along the Northerly Line of said BAREFOOT ANNEXATION to the East Line of the NEI A of said Section 35, also being a point along the Southerly Right-of- way Line of said Weld County Road 28; 3 Thence S89°16'34"W, 2655.62 feet along the Southerly Right-of-way Line of said Weld County Road 28 to the West Line of the NEIA of said Section 35; Thence N00°42'02"W, 30.00 feet along the West Line of the NEIA of said Section 35 to the POINT OF BEGINNING. Area = 10.944 acres, more or less. 4239761 Pages: 4 of 4 09/27/2016 09:28 MM R Fee:$28.00 Carly Koppes, Clerk and Recorder, Weld county, Co milli .rl�Ml�r��l�CI ,I�F9RIVVAlVWU Illil 4 4239762 Pages: 1 of 3 09/27/2016 09:28 AM R Fee:$21.00 Carly Koppes, Clark and Recorder, Weld County, Co 1111 MAN 1'M N 5 h"AWA MM'MAMI N 11111 ORDINANCE NO. AN ORDINANCE APPROVING AN ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO KNOWN AS THE FIRESTONE TENTH (10�) ANNEXATION WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Firestone Tenth (10`h) Annexation, has been filed with the Board of Trustees of the Town of Firestone, which parcel is described in Exhibit A attached hereto; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on August 24, 2016 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on July 18 and 25, and August 1 and 8, 2016 the Daily Times -Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition or the annexation agreement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Firestone Tenth (loth) Annexation to the Town of Firestone, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property fled with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 24`h day of August, 2016. rt:� lssa Medina, Town Clerk TOWN OF FIRESTONE, COLORADO ���t S TO�� 'TOWN SSE I colaulSorensen, Mayor 0 LZCCO�4/;;��iv' GG� 4239752 Pages: 2 of 3 09/27/2016 09:28 AM R Fee:$21.0@ Carly Koppes, Clerk and Recorder, Weld County, Co EXHIBIT A LEGAL DESCRIPTION FIRESTONE Tenth (10") ANNEXATION A tract of land located in the Wl/2 of Section 2, T2N, R68W, and in the SWI/4 of Section 35, T3N, R68W, all of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southwest Comer of said Section 35, from which the W1/4 Comer of said Section 35 bears N00°56'47"W, 2679.94 feet (Basis of Bearing), thence N89°12'54"E, 52.23 feet along the South Line of the SWI/4 of said Section 35 to the Westerly Line of Weld County Road 9.5 conveyed to Weld County, Colorado, as described in Quit Claim Deed recorded September 14, 2007, as Reception No. 3504090 of the records of Weld County, Colorado, and the POINT OF BEGINNING; Thence NOO°10' 15"W, 460.33 feet along the Westerly Line of said Weld County Road 9.5; Thence NO2°28'47"E, 914.41 feet along the Westerly Line of said Weld County Road 9.5 to the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of BAREFOOT LAKES ANNEXATION, an annexation to the Town of Firestone; Thence SOVIT03"E, 601.98 feet along the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION, to a point of curve to the right; Thence Southerly, 366.52 feet along the arc of said curve and along the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION, to a point tangent, said arc having a radius of 3379.26 feet, a central angle of 06° 12'52", and being subtended by a chord that bears S03°07'37"E, 366.34 feet; Thence S00°Ol'1 l "E, 186.21 feet along the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION, to a Northerly Line of Interstate Highway 25 as shown on Colorado Department of Transportation Highway Right-of-way plans for project NH-IRCX-025-3(109) recorded April 6, 2006, as Reception No. 3377298 of the records of Weld County, Colorado; The following courses and distances are along the Northerly, Easterly, and Southerly Lines of said Interstate Highway 25: Thence N89°58'49"E, 114.83 feet, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION; Thence S00'01' 1 1 "E, 119.70 feet, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION to the Southwesterly Corner of said BAREFOOT LAKES ANNEXATION; Thence continuing S00°0 VI l "E, 100.52 feet to the South Line of the SWI/4 of said Section 35; Thence SOO°O1'11 "E, 140.35 feet; Thence S89°59'00"W, 114.83 feet to the Easterly Line of said Weld County Road 9.5; Thence leaving the Southerly Line of said Interstate Highway 25, S00'01'11"E, 241.51 feet along the Easterly Line of said Weld County Road 9.5 to a point of curve to the right; Thence Southerly, 606.34 feet along the arc of said curve and along the Easterly Line of said Weld County Road 9.5 to a point tangent, said are having a radius of 9940.93 feet, a central angle of 03°29'41 ", and being subtended by a chord that bears SO 1 °43'40"W, 606.25 feet; Thence S03°28'30"W, 23.48 feet along the Easterly Line of said Weld County Road 9.5 to a point of curve to the 2 4239762 Pages: 3 of 3 09/27/2016 09:28 AM R Fee:$21.00 Carly Koppes, Clerk and Recorder, Weld County, co mill NPOPIMN11IVIAN+m1k'w4110 ` low 11111 left; Thence Southerly, 541.42 feet along the arc of said curve and along the Easterly Line of said Weld County Road 9.5, said arc having a radius of 9744.08 feet, a central angle of 03"1 l'Ol ", and being subtended by a chord that bears SO I "53'00"W, 541.35 feet; Thence SO'01'15"E, 246.52 feet along the Easterly Line of said Weld County Road 9.5 to a point of non -tangent curve to the left; Thence Southerly, 239.98 feet along the arc of said non -tangent curve and along the Easterly Line of said Weld County Road 9.5 to a point tangent, said arc having a radius of 2766.36 feet, a central angle of 04°58' 13", and being subtended by a chord that bears S02°30'30"E, 239.91 feet; Thence SO4°59'37"E, 438.53 feet along the Easterly Line of said Weld County Road 9.5; Thence S34°34'53"E, 79.43 feet along the Easterly Line of said Weld County Road 9.5 to the Northerly Line of Weld County Road 24.5, Thence SOO°02'32"W, 30.00 feet along the Easterly Line of said Weld County Road 9.5 to the South Line of the NWl/4 of said Section 2; Thence N89°57'28"W, 135.53 feet along the South Line of the NW1/4 of said Section, also being the Northerly Line of DEL CAMINO JUNCTION ANNEXATION, an annexation to the Town of Firestone in the SWl/4 of said Section 2 recorded December 17, 1999, as Reception No. 2739034 of the records of Weld County, Colorado; Thence SO4°59'27"E, 30.12 feet along the Westerly Line of said DEL CAMINO JUNCTION ANNEXATION to the Southerly Line of said Weld County Road 9.5; Thence N89°57'28"W, 26.17 feet along the Southerly Line of said Weld County Road 9.5; Thence Northerly, 414.36 feet along the arc of a curve concave to the East and along the Westerly Line of said Weld County Road 9.5, said arc having a radius of 9608.67 feet, a central angle of 02°28'15", and being subtended by a chord that bears NO3'09'1 TV, 414.33 feet; Thence N1°46'09"W, 593.37 feet along the Westerly Line of said Weld County Road 9.5 to a point of non -tangent curve to the right; Thence Northerly, 604.97 feet along the are of said non -tangent curve and along the Westerly Line of said Weld County Road 9.5 to a point of non -tangent curve to the left, said arc having a radius of 9154.12 feet, a central angle of 03'47'11", and being subtended by a chord that bears NOO°23'24"E, 604.86 feet; Thence Northerly, 854.59 feet along the arc of said non -tangent curve and along the Westerly Line of said Weld County Road 9.5, said arc having a radius of 13722.41 feet, a central angle of 03°34'06", and being subtended by a chord that bears NO1005'41"E, 854.45 feet; Thence NO°10'15"W, 131.50 feet along the Westerly Line of said Weld County Road 9.5 to the POINT OF BEGINNING. Area = 10,582 acres, more or less. V2312016 1-58 PM [kmk7 R-1FirestonMnne a5onlPirestone loth (ROW) oni_doe 4239765 Pages: 1 of 5 09/27/2015 09:28 AM R Fee:$31.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill mom W MIMP IMil+i I1 II ORDINANCE NO. AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE FIRESTONE TENTH (10TH) ANNEXATION WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the Firestone Tenth (10") Annexation, was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property, known as the Firestone Tenth (loth) Annexation, was annexed to the Town by ordinance, and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property has requested the R-1 Residential District zoning classification of the property; and WHEREAS, the R-1 Residential District zoning classification is consistent with the Town's plan for the area encompassed by the Firestone Tenth (10th) Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation on the zoning request to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. Section 31-23- 305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Firestone Tenth (loth) Annexation to the Town of Firestone, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned R-1 Residential District, pursuant to the zoning ordinances of the Town, and the Town zoning map shall be amended accordingly. 4239765 Pages: 2 of 3 09/27/2016 09:28 AM R Fee:$31.00 Carly Koppes, Clark and Recorder, Weld County, Co Bill NPON 1UjlF§'lK.k NAAMMU I# 4ild Ii II1 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 24th day of August, 2016. TOWN OF FIRESTONE, COLORADO ��RESTp� Paul Sorensen •� TpN ti "- Mayor ATTEST: Town Clerk WY20[6 2,01 PNI [kmkj R,TirestonMnnemtionTirestone 101h (ROW) wne ord.doc 2 4239765 Pages: 3 of 5 09/27/2016 09:25 AM R Fee:$31.00 Carly Koppes. Clerk and Recorder, Weld County, CO mill KIM 14 KIN I I ibufN1 MAU011rrh 11111 EXHIBIT A LEGAL DESCRIPTION FIRESTONE TENTH (loth) ANNEXATION A tract of land located in the WI/2 of Section 2, T2N, R68W, and in the SWIA of Section 35, T3N, R68W, all of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southwest Corner of said Section 35, from which the WI/4 Corner of said Section 35 bears N00°56'47"W, 2679.94 feet (Basis of Bearing), thence N89°12'54"E, 52.23 feet along the South Line of the SWIA of said Section 35 to the Westerly Line of Weld County Road 9.5 conveyed to Weld County, Colorado, as described in Quit Claim Deed recorded September 14, 2007, as Reception No. 3504090 of the records of Weld County, Colorado, and the POINT OF BEGINNING; Thence N00°10'15"W, 460.33 feet along the Westerly Line of said Weld County Road 9.5; Thence NO2°2847"E, 914.41 feet along the Westerly Line of said Weld County Road 9.5 to the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of BAREFOOT LAKES ANNEXATION, an annexation to the Town of Firestone; Thence S06°14'03"E, 601.98 feet along the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION, to a point of curve to the right; Thence Southerly, 366.52 feet along the arc of said curve and along the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION, to a point tangent, said arc having a radius of 3379.26 feet, a central angle of 06°12'52", and being subtended by a chord that bears S03°07'37"E, 366.34 feet; Thence S00°01'11 "E, 186.21 feet along the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION, to a Northerly Line of Interstate Highway 25 as shown on Colorado Department of Transportation Highway Right-of- way plans for project NH-IRCX-025-3(109) recorded April 6, 2006, as Reception No. 3377298 of the records of Weld County, Colorado; The following courses and distances are along the Northerly, Easterly, and Southerly Lines of said Interstate Highway 25: Thence N89°5849"E, 114.83 feet, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION; Thence S00°01'1.1 "E, 119.70 feet, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION to the Southwesterly Corner of said BAREFOOT LAKES ANNEXATION; 4239765 Pages: 4 of 5 09/27/2016 09:2a AM R Fee:$31.00 Carly KOppes, Clerk and Recorder, Weld County, CO Thence continuing S00°O1'll"E, 100.52 feet to the South Line of the SW114 of said Section 35; Thence SO0°O1'11"E, 140.35 feet; Thence S89°59'00"W, 114.83 feet to the Easterly Line of said Weld County Road 9.5; Thence leaving the Southerly Line of said Interstate Highway 25, S00°01'11"E, 241.51 feet along the Easterly Line of said Weld County Road 9.5 to a point of curve to the right; Thence Southerly, 606.34 feet along the arc of said curve and along the Easterly Line of said Weld County Road 9.5 to a point tangent, said arc having a radius of 9940.93 feet, a central angle of 03°29'41 ", and being subtended by a chord that bears SO1 °43'40" W, 606.25 feet; Thence S03°28'30"W, 23.48 feet along the Easterly Line of said Weld County Road 9.5 to a point of curve to the left; Thence Southerly, 541.42 feet along the arc of said curve and along the Easterly Line of said Weld County Road 9.5, said are having a radius of 9744.08 feet, a central angle of 03'11,01 and being subtended by a chord that bears SOl°53'00"W, 541.35 feet; Thence SO°01'15"E, 246.52 feet along the Easterly Line of said Weld County Road 9.5 to a point of non -tangent curve to the left; Thence Southerly, 239.98 feet along the arc of said non -tangent curve and along the Easterly Line of said Weld County Road 9.5 to a point tangent, said arc having a radius of 2766.36 feet, a central angle of 04°58'13", and being subtended by a chord that bears S02°30'30"E, 239.91 feet; Thence SO4°59'37"E, 438.53 feet along the Easterly Line of said Weld County Road 9.5; Thence S34°34'53"E, 79.43 feet along the Easterly Line of said Weld County Road 9.5 to the Northerly Line of Weld County Road 24.5; Thence SOO°02'32"W, 30.00 feet along the Easterly Line of said Weld County Road 9.5 to the South Line of the NWl/4 of said Section 2; Thence N89°57'28"W, 135.53 feet along the South Line of the NW1/4 of said Section, also being the Northerly Line of DEL CAMINO JUNCTION ANNEXATION, an annexation to the Town of Firestone in the SWIA of said Section 2 recorded December 17, 1999, as Reception No. 2739034 of the records of Weld County, Colorado; Thence SO4°59'27"E, 30.12 feet along the Westerly Line of said DEL CAMINO JUNCTION ANNEXATION to the Southerly Line of said Weld County Road 9.5; Thence N89°57'28"W, 26.17 feet along the Southerly Line of said Weld County Road 9.5; El 4239765 Page:: 5 of 5 09/27/2016 09:za AM R Fee:$31.00 Carly Kappea, Clerk and Recorder, Weld County, CO mill KI Mlk'LIVAN, Nil W Film 'II' &IMIWAR II II1 Thence Northerly, 414.36 feet along the are of a curve concave to the East and along the Westerly Line of said Weld County Road 9.5, said are having a radius of 9608.67 feet, a central angle of 02'28'15", and being subtended by a chord that bears NO3°09'12"W, 414.33 feet; Thence N 1 °46'09"W, 593.37 feet along the Westerly Line of said Weld County Road 9.5 to a point of non -tangent curve to the right; Thence Northerly, 604.97 feet along the arc of said non -tangent curve and along the Westerly Line of said Weld County Road 9.5 to a point of non -tangent curve to the left, said arc having a radius of 9154.12 feet, a central angle of 03'47'11", and being subtended by a chord that bears NOO"23'24"E, 604.86 feet; Thence Northerly, 854.59 feet along the arc of said non -tangent curve and along the Westerly Line of said Weld County Road 9.5, said arc having a radius of 13722.41 feet, a central angle of 03°34'06", and being subtended by a chord that bears NO1 °05'41 "E, 854.45 feet; Thence NO° 10' 1 5"W, 131.50 feet along the Westerly Line of said Weld County Road 9.5 to the POINT OF BEGINNING. Area = 10.582 acres, more or less. 5 ORDINANCE NO. AN EMERGENCY ORDINANCE INCREASING THE TOWN OF FIRESTONE'S SALES AND USE TAX RATE WITH THE REVENUES FROM SUCH INCREASE TO BE USED FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF THE FIRESTONE PUBLIC SAFETY FACILITY AND FOR THE PROVISION OF PUBLIC SAFETY SERVICES; AND PROVIDING FOR THE SUBMISSION OF THE TAX RATE INCREASE AND A PROPOSED INCREASE IN TOWN DEBT TO A VOTE OF THE REGISTERED ELECTORS AT A SPECIAL ELECTION TO BE HELD NOVEMBER 8, 2016 WHEREAS, the Town of Firestone (the "Town"), is a Colorado statutory town duly organized and existing under laws of the State of Colorado; and WHEREAS, the members of the Board of Trustees of the Town (the "Board of Trustees") have been duly elected and qualified; and WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to as the Taxpayer's Bill of Rights ("TABOR") requires voter approval for any new tax, any increase in any tax rate, the creation of any debt, extension of an expiring tax, and the spending of certain funds above limits established by TABOR; and WHEREAS, pursuant to applicable law, including but not limited to Article 2 of Title 29, Colorado Revised Statutes, the Town is authorized to adopt a municipal sales and use tax and has previously adopted upon voter approval a permanent municipal sales tax of three percent and a permanent municipal use tax of two percent; and WHEREAS, pursuant to a resolution adopted by the Board of Trustees, the Town will hold a special election on November 8, 2016, as a coordinated election pursuant to the Uniform Election Code of 1992, as amended; and WHEREAS, TABOR requires that the Town submit ballot issues, as defined in TABOR, to the Town's registered electors on specified election days before action can be taken on such ballot issues; and WHEREAS, November 8, 2016, is one of the election dates at which TABOR ballot issues may be submitted to the registered electors of the Town pursuant to TABOR; and WHEREAS, the Town Board of Trustees is of the opinion that it should refer to the voters at the November 8, 2016 election a TABOR ballot issue conceming the imposition of an additional temporary 0.6% sales and use tax for a period of twenty years and an additional permanent 0.25% sales and use tax for the purposes specified in this Ordinance and concerning the authorization of debt to fund the construction of the Firestone Public Safety Facility as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 3.08,040 of the Firestone Municipal Code, regarding the sales and use tax levy, is hereby amended to read as follows (words added are underlined; words deleted are strieken dffeuo): 3.08.040 Amount of tax. A. There is imposed on all sales of tangible personal property at retail or furnishing of services in the town except as provided herein, a tax equal to dwee 3.25 percent of the purchase price thereof. [Subsections I and 2 to remain the same]. B. There is imposed a use tax on the use or consumption of any construction and building materials purchased at retail or for the privilege of storing, using or consuming in Firestone any motor or other vehicles, purchased at retail on which registration is required, of gave 2.25 percent except as otherwise provided herein, but the amount subject to tax shall not include the amount of any sales or use tax imposed by C.R.S. Article 26 of Title 39. C. For the twenty-year period beginning on Janua 12017 there is herebylevied and there shall be collected and aid an additional sales and use tax of 0.6 percent on the transactions described in subsections A_ -and B of this section. Section 2. Section 3.08.080 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are str-ieken 41ifeugh): 3.08.080 Sales and Use Tax Capital Improvement Fund. A_ Pursuant to C.R.S. § 29-2-111, there is established a special fund of the Town to be known as the "Sales and Use Tax Capital Improvement Fund." Such Sales and Use Tax Capital Improvement Fund shall be kept separate from the general and other funds of the Town. There shall be deposited into the Sales and Use Tax Capital Improvement Fund such revenues derived from the Town sales and use tax as the Board of Trustees may determine necessary from year to year or in any ordinance approving bonds or other obligations payable from the Sales and Use Tax Capital Improvement Fund. The Sales and Use Tax Capital Improvement Fund shall be used to provide for capital improvements for the Town, for the payment of debt service on bonds and other obligations of the Town issued for the purpose of providing capital improvements, and for other purposes permitted by C.R.S. § 29-2-1 1 1. B. Amounts deposited to the Sales and Use Tax Capital Improvement Fund shall not be available to be pledged or expended for any general municipal purpose. 2 C. Revenues from the one percent sales tax approved by the registered electors of the Town at the November 5, 2013 election shall be used exclusively for the purposes set forth in the Ballot Issue for such tax approved by the registered electors at said election. D. Revenues from the 0.25 percent sales and use tax _U12roved by the registered electors of the Town at the November S 2016 election shall be used he Ballot„Issue for. such tax approved by exc usive v or the pumoses set forth in t„ the registered electors at said election. E. Revenues from the temporary 0.6 percent sales and use tax imposed for the twenty-year period beginning, on January, 1, 2017 approved by the registered electors of the Town at the November 8, 2016 election shall be used exclusively for the pyMoses set forth in the Ballot Issue for such tax approved b the registered electors at said election. Section 3. Town tax sales and use revenues are estimated to increase by up to $1,900,000 in 2017, the first full year in which the sales and use tax provided for in this Ordinance are in effect. However, the revenues from said sales and use tax may be collected, retained and spent regardless of whether said revenues, in any year after the first full year in which said sales and use tax are in effect, exceed the estimated dollar amount stated above, and without any other limitation or condition, and without limiting the collection or spending of any other revenues or funds by the Town of Firestone, under Article X, Section 20 of the Colorado Constitution or any other law. Section 4. Sections 1 and 2 of this Ordinance shall not take effect unless and until a majority of the registered voters voting at the special municipal election on November 8, 2016 vote "yes" in response to the following ballot title, which title is hereby set and referred to the ballot at said election: BALLOT ISSUE 2 SHALL TOWN OF FIRESTONE TAXES BE INCREASED $1,900,000 IN 2017 (FIRST FULL. FISCAL YEAR DOLLAR INCREASE) AND THEN ANNUALLY BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED THEREAFTER FROM THE LEVY OF AN ADDITIONAL SALES AND USE TAX OF 0.85 PERCENT AND SHALL TOWN OF FIRESTONE DEBT BE INCREASED $10,500,000, WITH A MAXIMUM REPAYMENT COST OF $16,850,000, SUBJECT TO THE FOLLOWING: ALL OR ANY PORTION OF THE NET PROCEEDS OF SUCH ADDITIONAL SALES AND USE TAX, AS DETERMINED BY THE BOARD OF TRUSTEES, MAY BE DEPOSITED TO THE TOWN'S SALES TAX CAPITAL IMPROVEMENT FUND, WHICH IS HEREBY RENAMED THE SALES AND USE TAX CAPITAL IMPROVEMENT FUND, TO BE COLLECTED, RETAINED AND SPENT TO FINANCE THE CONSTRUCTION OF THE FIRESTONE PUBLIC SAFETY FACILITY, TO INCLUDE ALL NECESSARY LAND, EQUIPMENT, FURNISHINGS, IMPROVEMENTS AND INCIDENTALS FOR SUCH FACILITY, OR TO PAY DEBT SERVICE ON DEBT ISSUED FOR SUCH PURPOSES, OR TO PAY THE COSTS OF OPERATING OR MAINTAINING THE FIRESTONE PUBLIC SAFETY FACILITY IMPROVEMENTS FINANCED FROM THE CAPITAL IMPROVEMENT FUND; ANY PORTION OF THE NET PROCEEDS OF SUCH ADDITIONAL SALES AND USE TAX WHICH ARE NOT DEPOSITED TO THE CAPITAL IMPROVEMENT FUND SHALL BE COLLECTED, RETAINED AND SPENT FOR OPERATING OR MAINTAINING THE FIRESTONE PUBLIC SAFETY FACILITY AND FOR PROVIDING PUBLIC SAFETY SERVICES; THE SALES AND USE TAX INCREASE SHALL COMMENCE JANUARY 1, 2017 WITH 0.6 PERCENT OF SAID SALES AND USE TAX TO BE IMPOSED FOR A PERIOD NOT TO EXCEED TWENTY YEARS AND WITH THE SALES TAX TO BE COLLECTED IN ADDITION TO THE TOWN'S SALES TAX OF 3.0 PERCENT UPON THE TOWN'S EXISTING SALES TAX BASE, SO THAT THERE CONTINUES TO BE NO TOWN SALES TAX UPON FOOD FOR DOMESTIC HOME CONSUMPTION, AND THE USE TAX TO BE COLLECTED IN ADDITION TO THE TOWN'S USE TAX OF 2.0 PERCENT UPON THE TOWN'S EXISTING USE TAX BASE; ANY SUCH DEBT SHALL BE PAYABLE FROM THAT PORTION OF THE TOWN SALES AND USE TAX DEPOSITED TO THE TOWN'S SALES AND USE TAX CAPITAL IMPROVEMENT FUND; ANY SUCH DEBT MAY BE SOLD IN ONE SERIES OR MORE, ON TERMS AND CONDITIONS AS THE BOARD OF TRUSTEES MAY DETERMINE, INCLUDING PROVISIONS FOR THE REDEMPTION OF THE BONDS PRIOR TO MATURITY WITH OR WITHOUT PREMIUM; ANY SUCH DEBT MAY BE REFUNDED BY THE TOWN, PROVIDED THAT AFTER THE ISSUANCE OF SUCH REFUNDING DEBT THE TOTAL OUTSTANDING PRINCIPAL AMOUNT OF ALL DEBT ISSUED PURSUANT TO THIS QUESTION DOES NOT EXCEED THE MAXIMUM PRINCIPAL AMOUNT SET FORTH ABOVE, AND PROVIDED FURTHER THAT ALL DEBT ISSUED BY THE TOWN PURSUANT TO THIS QUESTION IS ISSUED ON TERMS THAT DO NOT EXCEED THE REPAYMENT COSTS AUTHORIZED IN THIS QUESTION; AND SHALL THE PROCEEDS OF SUCH DEBT AND TAXES AND THE EARNINGS THEREON OR ON THE INVESTMENT OF SUCH DEBT PROCEEDS (REGARDLESS OF AMOUNT) CONSTITUTE A VOTER -APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? 4 Section 5. if a majority of the votes cast on the question authorize the issuance of bonds and leery of an additional sales and use tax as described in the question set forth in Section 4 above, the Town intends to issue such bonds in the approximate aggregate principal amount of $10,500,000 to pay the costs of the project described in the election question (the "Project"), including the reimbursement of certain costs incurred by the Town prior to the execution and delivery of such bonds, upon terms acceptable to the Town, as authorized in an ordinance to be hereafter adopted and to take all further action which is necessary or desirable in connection therewith. The officers, employees and agents of the Town shall take all action necessary or reasonably required to carry out, give effect to and consummate the transactions contemplated hereby and shall take all action necessary or desirable to finance the Project and to otherwise carry out the transactions contemplated by the ordinance. The Town shall not use reimbursed moneys for purposes prohibited by Treasury Regulation § 1.150-2(h). This Ordinance is intended to be a declaration of "official intent" to reimburse expenditures within the meaning of Treasury Regulation §1.150-2. Section 6. The provisions of Sections l and 2 of this Ordinance shall take effect, following passage and approval thereof as provided herein, on January 1, 2017. Section 7. The number/letter designations of the ballot title herein referred shall be as finally determined by the election officials in accordance with law. Section S. The Board of Trustees may submit additional ballot issues or other measures to appear on the ballot of the election by the adoption of appropriate resolutions or ordinances as required by law. Section 9. The election shall be conducted as a part of a coordinated election. Pursuant to C.R.S. Section 31-10-102.7, the Town will utilize the requirements and procedures of the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S., as amended, in lieu of the Colorado Municipal Code of 1965, article 10 of title 31, C.R.S., as amended. The Town Clerk is hereby appointed as the designated election official of the Town for purposes of performing acts required or permitted by law in connection with the election. Section 10. Because the election will be held as part of the coordinated election, the Board of Trustees hereby determines that the Weld County Clerk and Recorder shall conduct the election on behalf of the Town, to the extent and as provided in the Uniform Election Code, as amended. The officers of the Town are hereby authorized to enter into one or more intergovernmental agreements with the County Clerk pursuant to Section 1-7-116 and/or Article 7.5, Title 1, C.R.S. Any such intergovernmental agreement heretofore entered into in connection with the election is hereby ratified, approved and confirmed. Section 11. Notice of the election shall be given in the manner prescribed by Article X, Section 20 of the Colorado Constitution, the Uniform Election Code and other applicable laws. Section 12. The officers and employees of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance and the conduct of the November 8, 2016 election. Section 13. All actions heretofore taken (not 'inconsistent with the provisions of this Ordinance) by the Town, directed towards the election and the objects and purposes herein stated, are hereby ratified, approved and confirmed. Section 14. If any portion of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Board of Trustees and the registered voters of the Town hereby declare that they would have passed and approved this Ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 15. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 16. All other ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 17. The Board of Trustees herewith finds, determines, and declares that this Ordinance is necessary to the immediate preservation of public property, health, welfare, peace, or safety because there is an urgent need for the revenues from the tax proposed by this Ordinance, the Board of Trustees desires to submit the foregoing TABOR ballot issue to the registered electors of the Town at the special election on November 8, 2016, and there are several immediate deadlines related to the conduct of said election that must be met. Therefore, pursuant to C.R.S. § 31-16-105, the Board of Trustees herewith further finds, determines and declares that it is necessary for this Ordinance to take effect immediately upon adoption. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 3ISt-day of August, 2016. TOWN OF FIRESTONE, COLORADO ��RESTON� Paul Sorensen, Mayor ....�- ATTEST: f•••' rowN "� ssa Medina, Town Clerk 6 Ap 4269099 Pages: 1 of 6 01/12/2017 09:26 AM R Fee:$38.00 Carly Koppes, Clerk and Recorder, Weld County, CO ORDINANCE NO. �)q I AN ORDINANCE APPROVING AN AMENDED OUTLINE DEVELOPMENT PLAN FOR DEL CAMINO CENTRAL WHEREAS, by Ordinance No. 383 adopted on December 11, 1997, the Board of Trustees of the Town of Firestone zoned property that was annexed to the Town and known as the Del Camino Central Annexation, and on December 14, 2011 approved an Outline Development Plan ("ODP") for such property; and WHEREAS, the Board of Trustees of the Town of Firestone has received a request for approval of an amendment to such ODP, to provide combined land uses of Planned Unit Development Regional Commercial (PUD-RC), Employment Center (PUD-EC) and Residential C (PUD R-C); and WHEREAS, on August 18, 2016, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the application, at which the applicant and other interested persons presented testimony to the Commission and at which a number of documents were made a part of the record, and the Commission recommended approval of the application with conditions; and WHEREAS, all materials related to the proposed ODP amendment have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Board of Trustees considered the ODP amendment at a duly noticed public hearing held on September 14, 2016; and WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305; and WHEREAS, the Board of Trustees finds that the proposed ODP amendment is consistent with the Town's plan for the area and that the applicant has demonstrated that the proposed ODP amendment meets the applicable criteria of the Town's ordinances and Development Regulations; and WHEREAS, the Board of Trustees finds that the proposed ODP amendment should be approved, subject to certain conditions set forth herein. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado hereby approves the proposed First Amendment to the Outline Development Plan for Del Camino Central, the legal description of which property is set forth in Exhibit A, attached hereto and incorporated herein by reference, subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by 4269099 Pages: 2 of 6 01/12/2017 09:26 AM R Fee:$38.00 Carly Koppes, Clerk and Recorder, Weld County, CO III NFAMIE 1614WK"MM1114WA 11111 reference. The Town zoning map shall be amended accordingly. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 10 day of September, 2016. Carissa Medina Town Clerk 8/19/2016 3:27 PM PM [h&l R:Timswnel0rdinancelDel Camino Central OOP Amend.doc 2 1 MM024 � a wiifr� ' I �'R11! — i , ► ' 4269099 Pages: 3 of 6 01/12/2017 09:26 AM R Fee:$38.00 Carly Koppes, Clerk and Recorder, Weld County, Co EXHIBIT A First Amendment to the Outline Development Plan Del Camino Central Legal Description ALL OF LOTS 1 AND 2, DEL CAMINO CENTRAL AS MORE PARTICULARLY DESCRIBED ON THE PLAT RECOREDED ON FEBRUARY 23, 2012 AT RECEPTION NO. 3826658 AT THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER. SAID PARCEL CONTAINS 6,555,651 SQUARE FEET OR 150.497 ACRES, MORE OR LESS. 4269099 Pages: 4 of 6 01/12/2017 09:26 AM R Fee:$38.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 FrApar'djal i O � 1I WkMVIIII K14KI A 11111 EXHIBIT B First Amendment to the Outline Development Plan Del Camino Central Conditions of Approval Address Town Engineer comments in Memo dated August 10, 2016, a copy of which is attached hereto as Exhibit 13-1, and redlines. 2. Petition for inclusion of the property to the Carbon Valley Park & Recreation District. 3. Provide a tax certificate. 4. Provided an updated Title Commitment dated within 30 days prior to recording this Outline Development Plan. 5. Modify the Land Use and Zoning Section as follows (text to be deleted semen; text to be added underlined): LAND USE AND ZONING This ODP provides Employment Center (EC), Regional Commercial (RC) and Residential C (R-C) land uses, as shown on the ODP map. Uses permitted and prohibited within each land use area shall be as set forth in the Firestone Development Regulations in effect at the time of final development plan application; provided, however, that mini -storage or self storage shall not be a prohibited use and may be located within the Employment Center or Regional Commercial areas, subject to an approved final development plan. The intent of this ODP is to maintain the greatest level of flexibility in determining the "highest and best" use of the property throughout the life of the development. This ODP amendment continues to allow the m, ier-ity of the provide for regional commercial land uses along the major arterial (Firestone Boulevard), as well as the main section of the new Arbor Street. The more intense land uses shall be developed adjacent to Firestone Boulevard, and less intense land uses are planned te shall be developed further away from Firestone Boulevard. 2 4269099 Pages: 5 of 6 el/12/2e17 08:26 AM R Fee:$38.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill MAIN k0l 11AW11I AIAW?h N Ni MBA 11 EXHIBIT B-1 Del Camino Central Amended ODP Conditions of Approval Town Engineer Comment Memo Dated August 10, 2016 'a'.. iF "ai" COLORADO CIVIL GROUP, INC. Engineering Conswhuns TO: Mr. Bruce Nickerson, The Nickerson Company, Town Planner Memo FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer QD Amber Messersmith, Colorado Civil Group, Inc., Town Engineer K jt DATE: August 10, 2016 SUBJECT: Del Camino Central PROJECT No.: 0668.0047.02 We have completed our review of the Del Camino Central Outline Development Plan, I" Amendment 3rd submittal that was received on July 20, 2016. We offer the following comments: Submittal Binder: 1. Title Commitment (7.2.5) — An updated Title Commitment was not included with this re -submittal. Sand Land, Inc. and Sand Land Properties, LLC are listed as the owners in fee of the property. The Title Commitment has an effective date of December 16, 2015. The Title Commitment needs to cover the entire ODP boundary (Lots 1 and 2 of the Del Camino Central Plat). The Applicant will need to submit an updated Title Commitment, dated no later than one month prior to recording of final documents. Outline Development Plan, Ist Amendment (ODP-AM1): 2. Sheets 1-2 (7.3.6 Legal Description, Zoning) — On Sheet 1, add "Planning Area 1" to the title of the zoning legal description for the R-C zoning category. The metes and bounds legal description is correct and matches the proposed Del Camino Central Filing No. 2 Final Plat (DCC F2 FP); however, one of the curves on the graphic map (Sheet 2) does not match the legal. 3. Sheet 2 - The outer boundary of the ODP should not "break" at the south end of Arbor Street and at the west end of Union Street. The ODP boundary should be a continuous bold line. 5 4269099 Pages: 6 of 6 01/12/2017 09:26 AM R Fee:$38.00 Carly Kappes, Clerk and Recorder, Weld County, CO mill KrFf'4LIM,*k5hdA AM III;1011A 11111 4. Sheet 2 - The measured bearing and distances for the ODP outer boundary have been added; however the recorded (via plat #326658) bearings and distances also need to be labeled (repeat comment). Because the Applicant is using an aliquot legal description (which is correct and preferred) for the ODP outer boundary that specifically references the recorded Del Camino Plat, the recorded bearings and distances from that Plat must be labeled on Sheet 2 with the measured data (exactly as was done on the DCC F2 FP). 5. Sheet 2 — The chord bearing and chord distance must be labeled on the ODP outer boundary curves (both measured and recorded). 6. Sheet 2 — There are several ODP outer boundary measured distances and curve call outs that do not match the DCC F2 FP. These discrepancies need to be corrected. Refer to the orange highlights on the redlines. These comments are provided to assist in the preparation of the Outline Development Plan for this project. The Applicant should return their responses to the comments with their next submittal. Let us know if there is anything else that we can help you with. ORDINANCE NO. M(-� AN ORDINANCE REPEALING SUBSECTION 9.16.050.B. I OF THE FIRESTONE MUNICIPAL CODE CONCERNING LOITERING FOR THE PURPOSE OF BEGGING WHEREAS, the Board of Trustees has previously adopted an ordinance codified at Section 9.16.050 of the Firestone Municipal Code making it unlawful for any person to loiter for the purpose of begging; and WHEREAS, the Board of Trustees desires to repeal Subsection 9.16.050.B.1, to remove the prohibition of loitering for the purpose of begging from the Firestone Municipal Code; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection 9.16.050.B.I of the Firestone Municipal Code is hereby repealed in its entirety. Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this � day of cX 66* , 2016. TOWN OF FIRESTONE, COLORADO Paul Sorensen \0 Mayor A ST: ► i Town Clerk ORDINANCE NO. AN ORDINANCE AMENDING TITLE 5 OF THE FIRESTONE MUNICIPAL CODE TO PROHIBIT THE ESTABLISHMENT OR OPERATION OF MARIJUANA ESTABLISHMENTS AND BUSINESSES THAT INVITE OR PERMIT PRIVATE ASSEMBLY FOR THE PURPOSE OF THE USE OR CONSUMPTION OF MARIJUANA OR MARIJUANA PRODUCTS WHEREAS, Article XV1II, Section 16 of the Colorado Constitution, referred to as Amendment 64 and which concerns the personal use and regulation of marijuana and allows the retail sale and cultivation of marijuana in the State of Colorado, was approved by Colorado voters in November 2012; and WHEREAS, Article XV1II, § 16(5)(f) of the Colorado Constitution specifically authorizes municipalities to "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance;" and WHEREAS, C.R.S. § 12-43.4-101, et sea., referred to as the Colorado Retail Marijuana Code, set forth regulations concerning retail marijuana establishments; and WHEREAS, C.R.S. § 12-43.4-104(3) authorizes municipalities to "prohibit the operation of retail marijuana establishments through the enactment of an ordinance"; and WHEREAS, C.R.S. § 31-15-501 authorizes the Town to regulate and license businesses operating within the Town and to prohibit within the limits of the Town any offensive or unwholesome business or establishment; and WHEREAS, Title 29, Article 20 of the Colorado Revised Statutes and C.R.S. § 31-23- 301, et sec . authorize the Town to establish zoning districts and zone district regulations within the Town to, among other things, promote the general welfare of the inhabitants of the Town; and WHEREAS, the Board previously adopted Ordinance 822 on April 24, 2013 which created a temporary moratorium on the operation or establishment of marijuana establishments and businesses within the Town; and WHEREAS, the Board previously adopted Ordinance 850 on October 8, 2014 which extended the temporary moratorium on the operation or establishment of marijuana establishments and businesses within the Town and such Ordinance and moratorium is set to expire on December 31, 2016; and WHEREAS, the Board of Trustees has carefully considered Amendment 64 and the Colorado Retail Marijuana Code, the community interest, and issues and potential secondary effects relating to the operation and establishment of marijuana establishments and businesses, and has determined, as an exercise of its local land use authority, its authority under Article XV1I1, § 16(5)(0 of the Colorado Constitution, and its authority to regulate businesses, that a prohibition on the operation or establishment of marijuana establishments and businesses that permit or invite private assembly for the purpose of the use or consumption of marijuana or marijuana products, is in the best interest of the public health, safety, and welfare; and WHEREAS, the Board of Trustees recognizes the protections for personal use of marijuana afforded by Article XVIII, § 16(3) of the Colorado Constitution and affirms the ability of individuals to otherwise be afforded the protections of Article XVIII, § 16(3) of the Colorado Constitution. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Title 5 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: Chapter 5.11 Retail Marijuana Establishments Sections: 5.11.010 Intent, authority and applicability. 5.11.020 Delwnitions. 5.11.030 Retail marijuana establishments and clubs prohibited. 5.11.040 Penalty for violation; injunctive relief. 5.11.050 Personal use of marijuana. 5.11.010. Intent, authority and applicability. A. Intent. It is the intent of this Article to prohibit marijuana establishments in the Town, and in furtherance of its intent, the Board of Trustees makes the following findings: 1. Article XVIII, § 16(5)(0 of the Colorado Constitution authorizes municipalities "to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance." 2. Based on careful consideration of Section 16 of Article XVIII of the Colorado Constitution, the community interest, and issues and the potential secondary effects relating to the cultivation and dispensing of marijuana and the retail sale, distribution, manufacturing, and testing of marijuana and marijuana products, such land uses have an adverse effect on the health, safety and welfare of the Town and its inhabitants. 2 B. Authority. The Town's authority to adopt this Chapter is found in: Article XVIII, § 16(5)(0 of the Colorado Constitution; the Local Government Land Use Control Enabling Act, C.R.S. § 29-20-101, et seq.; C.R.S. § 31-23- 101, et seq. (municipal zoning powers); C.R.S. § 31-15-103 and § 31-15- 401 (municipal police powers); and C.R.S. § 31-15-501 (municipal authority to regulate businesses). C. Applicability. This Chapter shall apply to all property, businesses, business enterprises and entities located or operating within the Town, whether stationary, mobile, or virtual. 5.11.020 Definitions. The following words, terms, and phrases, when used in this Chapter, shall have the meaning ascribed to them in this Section, except where the context clearly requires a different meaning: A. Amendment 64 means that certain voter initiated amendment to the Colorado Constitution adopted November 6, 2012, which added Section 16 of Article XVIII to the Colorado Constitution. B. Colorado Retail Marijuana Code means Article 43.4 of Title 12 of the Colorado Revised Statutes, as amended. C. Marijuana, marijuana establishment, marijuana products, marijuana product manufacturingfacility, marijuana testingfacility, retail marijuana cultivation facility, retail marijuana establishment and retail marijuana store shall have the same meanings as set forth in the in Article XVIII, §16(2) of the Colorado Constitution and the Colorado Retail Marijuana Code, Title 12, Article 43.4, C.R.S., as the same may be amended from time to time. D. Retail mar Juana means marijuana that is cultivated, manufactured, distributed, or sold by a licensed retail marijuana establishment authorized by Section 16 of Article XVIII to the Colorado Constitution. 5.11.030 Retail marijuana establishments and clubs prohibited. A. It is unlawful for any person to operate, cause to be operated, or permit to be operated in the Town a marijuana cultivation facility, marijuana product manufacturing facility, marijuana testing facility, or retail marijuana store. B. It is unlawful for any person to operate, cause to be operated, or permit to be operated in the Town any business that invites or permits private 3 assembly for the purpose of the use or consumption of marijuana or marijuana products. 5.11.040 Penalty for violation; injunctive relief. A. Any person who violates any provision of this Chapter shall be punished by a fine of not more than one thousand dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment. Each act or omission in violation of one or more of the provisions of this Chapter shall be deemed a separate violation for each and every day that such act(s) or omission(s) occur. B. The operation of a retail marijuana establishment or business that invites or permits private assembly for the purpose of the use or consumption of marijuana or marijuana products in violation of the terms of this Chapter may be enjoined by the Town in an action brought in a court of competent jurisdiction. 5.11.050 Personal use of marijuana. Nothing in this Chapter shall be construed to prohibit, regulate or otherwise impair the protections for the personal use of marijuana as provided in Article XVII1, § 16(3) of the Colorado Constitution. Section 2. If any portion of this ordinance is held to be invalid for any reason, such decisions shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. The repeal or modification of any portion of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. 4 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED 1N FULL this � day of , 2016. TOWN OF FIRE'ST1ONE, COLORADO Paul Sorensen, Mayor n1f s ATTEST: -Ro ovo Ca£1Ssa Medina. Town Clerk ORDINANCE NO. M ' AN ORDINANCE APPROVING A PURCHASE, SALE AND EXCHANGE AGREEMENT WITH L.G. EVERIST, INCORPORATED AND AUTHORIZING THE ACQUISITION OF APPROXIMATELY 61 ACRES OF REAL PROPERTY IN WELD COUNTY, TOGETHER WITH CERTAIN WATER RIGHTS AND RELATED RIGHTS AND INTERESTS, AND AUTHORIZING THE CONVEYANCE OF PARCELS OF LAND OWNED BY THE TOWN IN EXCHANGE FOR THE CONVEYANCE TO THE TOWN OF PARCELS OF LAND OWNED BY L.G. EVERIST WHEREAS, the Board of Trustees of the Town of Firestone (the "Town") finds and determines that it is in the best interest of the Town and its citizens for the Town to pursue the acquisition of additional water rights and related rights and interests in order to expand the Town's water resources; and WHEREAS, for such purpose there has been proposed a Purchase, Sale and Exchange Agreement (the "Agreement") by and between the Town and L.G. Everist, Incorporated ("LGE"), a copy of which proposed Agreement accompanies this ordinance and pursuant to which, among other provisions: (a) The Town will acquire from LGE (i) approximately 61 acres of real property located in unincorporated Weld County, including the clay lined gravel pit thereon, which land is more particularly described in Exhibit A-2 to the Agreement (the "Carbon Valley Parcel"); (ii) 1.41 shares of capital stock in the Rural Ditch Company and the water rights associated with the Carbon Valley Parcel (the "LGE Water Rights"); (iii) Excess Carriage Rights (as such term is defined in the Agreement) in the Rural Ditch and Last Chance Ditch; (iv) certain easements and other rights related to and benefitting the above -described assets; and (v) the LGE Storage Right Decree (as such term is defined in the Agreement); and (b) The Town will, in exchange for the LGE Exchange Parcel (defined below), convey to LGE: (i) two parcels of real property containing approximately 11.07 acres in unincorporated Weld County, which land is more particularly described in Exhibit A-1 to the Agreement (the "TOF Exchange Parcels"); and (ii) the TOF Appurtenant Water Rights (as such term is defined in the Agreement); and (c) In exchange for the TOF Exchange Parcels, LGE will convey to the Town one parcel of real property containing approximately 28.8 acres in unincorporated Weld County, which land is more particularly described in Exhibit A-3 to the Agreement (the "LGE Exchange Parcel"); and (d) The Town will acquire an option to purchase a similar and adjacent parcel, identified in the Agreement as the Valley/Brooks Farm Property, with a clay lined gravel pit and water rights, which property is depicted in Exhibit Q of the Agreement (the "Valley Option"); and I WHEREAS, the Agreement provides that the Town shall pay LGE a total purchase price of $3,482,400 for the Carbon Valley Parcel, LGE Water Rights, Excess Carriage Right, the easements and other rights related to and benefitting the above -described assets, the LGE Storage Right Decree, and the Valley Option, which price is subject to adjustment based on total storage capacity, all as further provided in the Agreement; and WHEREAS, the Board of Trustees desires to authorize the acquisition, sale and conveyance of the real property and water rights provided herein and more specifically described in the Agreement, in accordance with the terms and conditions of the Agreement; and WHEREAS, the Board of Trustees intends and states that the Carbon Valley Parcel and the LGE Exchange Parcel are not being purchased or acquired for any park or governmental purposes within the meaning of C.R.S. § 31-15-713, and that all or portions of the Carbon Valley Parcel and the LGE Exchange Parcel or interests therein are being acquired as general assets of the Town and may be sold upon adoption of ordinance(s) therefor (without referral to election); and WHEREAS, the Board of Trustees finds that the TOF Exchange Parcels and the LGE Exchange Parcel are located in the general vicinity of each other; both are generally comprised of vacant, undeveloped land; and that the value of the considerations given for exchange of the TOF Exchange Parcels and the TOF Appurtenant Water Rights equals the value of the considerations received for the exchange of the LGE Exchange Parcel; and WHEREAS, the Board of Trustees has determined that the TOF Exchange Parcels are not needed for any public, park or governmental purposes and have not been previously used or held for such purposes; and WHEREAS, the Board of Trustees by this ordinance desires to identify the source of funding for such purchase and otherwise comply with applicable laws regarding the acquisition, sale and conveyance of the real property and water rights. NOW, THEREFORE, BE IT ORDAINED 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 ordinance. Section 2. The proposed Purchase, Sale and Exchange Agreement (the "Agreement") between the Town and L.G. Everist, Incorporated ("LGE"), a copy of which is attached hereto as Attachment l and incorporated herein by this reference, is hereby approved. The Board of Trustee hereby authorizes all of the purchase, and exchange transactions contemplated by the Agreement, all in accordance with the terms and conditions of the Agreement, including without limitation: (A) the acquisition from LGE of (i) the "Carbon Valley Parcel"; (ii) the "LGE Water Rights"; (iii) the "Excess Carriage Rights" in the Rural Ditch and Last Chance Ditch; (iv) certain easements and other rights related to and benefitting the above -described assets; (v) the "LGE Storage Right Decree;" and (vi) the "Valley Option;" and (B) in exchange for the "LGE Exchange Parcel," the 2 conveyance to LGE of: (i) the "TOF Exchange Parcels;" and (ii) the "TOF Appurtenant Water Rights," all as further defined and more particularly described in the Agreement. The total purchase price of the Carbon Valley Parcel, LGE Water Rights, Excess Carriage Right, the easements and other rights related to and benefitting the above -described assets, the LGE Storage Right Decree, and the Valley Option is $3,482,400, which price is subject to adjustment based on total storage capacity. Section 3. The Mayor and Town Clerk are hereby authorized to execute and deliver the Agreement on behalf of the Town; provided, however, that the Mayor is hereby further granted the authority to negotiate and approve such pre -execution and post -execution revisions and amendments to the Agreement as the Mayor determines are necessary or desirable for the protection or best interests of the Town, 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 Mayor, Town Clerk and other officers, employees and agents of the Town are further authorized to execute and deliver all documents necessary in connection with the Closing, as such term is defined in the Agreement, and to do all things necessary on behalf of the Town to perform the obligations of the Town under the Agreement, including without limitation the execution and delivery of all documents necessary or required by the title company in connection with the Closing. Notwithstanding the foregoing, the terms and conditions of the Valley Option, as such term is defined in the Agreement, shall be presented to the Board of Trustees for review and action by resolution. Section 5. All action heretofore taken (not inconsistent with the provisions of this ordinance) by the Board or the officers or agents of the Board or the Town relating to the Agreement is hereby ratified, approved and confirmed. Section 6. Town payment for the Carbon Valley Parcel, LGE Water Rights, Excess Carriage Right, the easements and other rights related to and benefitting the above -described assets, the LGE Storage Right Decree, and the Valley Option 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. Such Town payment is subject to and conditioned upon satisfaction of all conditions and contingencies in the Agreement and the Town retains the right to terminate the Agreement as provided therein in the event any conditions or contingencies are not satisfied, including without the limitation the funding contingencies set forth in Section 3.4 of said Agreement. Section 7. The Board of Trustees finds and determines that the Carbon Valley Parcel and the LGE Exchange Parcel and the interests therein are being acquired as a general asset of the Town and not for park or other governmental purposes, and that all or portions of the Carbon Valley Parcel and the LGE Exchange Parcel, and any interests, licenses, rights or privileges therein, may be sold, leased, conveyed or disposed of, in whole or part, as determined by subsequent action of Board of Trustees, without necessity of election. Section 8. Nothing in this ordinance is intended to nor should be construed to create any multiple -fiscal year direct or indirect Town debt or fiscal obligation whatsoever. Section 9. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. INTRODUCED, READ, PASSED ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this ti% day of OC k-p" , 2016. TOWN OF FIRESTONE, COLORADO r\?_� 7' / Tot V-4s ��s' 4F"t ul Sorensen, Mayor ATT S M- � . SEAL � aO O to 7-Y', GO�C) Carissa Medina, Town Clerk 4 ATTACHMENT 1 Copy of Purchase, Sale and Exchange Agreement PURCHASE, SALE AND EXCHANGE AGREEMENT THIS PURCHASE, SALE AND EXCHANGE AGREEMENT ("Agreement"), dated to become effective as of the day of , 2016, is by and between L.G. EVERIST, INCORPORATED, an Iowa corporation ("LGE") and the TOWN OF FIRESTONE, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a `'water activity enterprise" under C.R.S. 37-4.1-101 et M. ("TOF"). LGE and TOF may hereinafter be referred to each individually as a "Party" and collectively as the "Parties". In addition, due to the nature and timing of the various transactions described in this Agreement, including but not limited to the like -kind exchange of certain properties by and between LGE and TOF as more particularly described herein, each of the respective Parties (at different times and with respect to different assets currently owned or controlled by each Party) will be acting as both a seller (or a transferor) and a purchaser (or a transferee) during the course and term of this Agreement. As a result, each of LGE and TOF may also hereinafter be generically referred to as a "Seller" or a "Purchaser" in those portions of this Agreement where the applicable obligations of each Party are the same depending on whether such Party is, at that time, acting in the stated capacity as a seller (or a transferor in an exchange) or a purchaser (or a transferee in an exchange) of the applicable assets. RECITALS A. TOF currently owns certain real property located in Weld County, Colorado, more particularly defined and described in Paragraph 1.1 as the TOF Exchange Parcels. The TOF Exchange Parcels consist of undeveloped, vacant land. B. LGE currently owns certain real property located in Weld County, Colorado, more particularly defined and described in Paragraph 1.1 as the Carbon Valley Parcel, upon which LGE is currently conducting and completing mining operations for Sand and Gravel (as defined in Paragraph 1.1) and reclamation obligations relating thereto, all in accordance with the Permits (as defined in Paragraph 1.1). C. In addition to the Carbon Valley Parcel, LGE also currently owns certain real property located in Weld County, Colorado, more particularly defined and described in Paragraph l .l as the LGE Exchange Parcel. The LGE Exchange Parcel consists of undeveloped, vacantland. D. LGE, as a part of LGE's reclamation obligations under the Permits, is developing certain water storage facilities on the Carbon Valley Parcel, which will consist of a lined gravel pit and related facilities which can be used for the storage of water. E. LGE desires to acquire additional real property located in Weld County, Colorado in order to mine certain aggregate reserves located thereon. F. LGE owns various water rights and other rights which are appurtenant to or otherwise used in connection with Carbon Valley Parcel, including but not limited to 1.41 shares of capital stock in the Rural Ditch Company, and certain conditional water storage rights evidenced by the LGE Storage Right Decree (as defined in Paragraph 1.1). 02553194.9 G. LGE has the right to use certain excess carriage capacity in the Rural Ditch and the Last Chance Ditch, subject to specific limitations thereon, for water diversion, storage, recharge and augmentation purposes. H. TOF desires to acquire additional water storage capacity located in Weld County, Colorado, additional excess carriage rights within the Rural Ditch and the Last Chance Ditch, and additional senior water rights. 1. TOF desires to acquire additional real property located in Weld County, Colorado for open space and trail purposes, and to provide unrestricted access to and from other properties currently owned by TOF in the vicinity of the LGE Exchange Parcel. J. LGE desires to acquire in an exchange with TOF, and TOF desires to convey, transfer and assign to LGE, subject to the terms of this Agreement, the following assets: (a) all of TOF's right, title and interest in and to the TOF Exchange Parcels (as such term is defined in Paragraph L ), except for any mineral rights (which will be specifically excluded from any such transfer or conveyance); and (b) the TOF Appurtenant Water Rights (as such term is defined in Paragraph 1.1). K. TOF desires to acquire from LGE, and LGE desires to convey, transfer, assign and sell to TOF, subject to the terms of this Agreement, the following assets: (a) the LGE Water Rights (as such term is defined in Paragraph 1.1); (b) all of LGE's right, title and interest in and to the Carbon Valley Parcel, including but not limited to the Storage Capacity (as such term is defined in Paragraph 1.1) located on the Carbon Valley Parcel, but specifically excluding any mineral rights owned by LGE with respect to the Carbon Valley Parcel; (c) the Excess Carriage Rights (as such term is defined in Paragraph 1.1); (d) certain easements and other rights related to and benefitting the above -described assets, all as provided for in this Agreement; and (e) the LGE Storage Right Decree (as such term is defined in Paragraph l.l). L. TOF desires to acquire in an exchange with LGE, and LGE desires to convey, transfer and assign to TOF, subject to the terms of this Agreement, all of LGE's right, title and interest in and to the LGE Exchange Parcel (as such term is defined in Paragraph 1.1), except for any mineral rights (which will be specifically excluded from any such transfer or conveyance). M. The TOF Exchange Parcels and the LGE Exchange Parcel are located in the general vicinity of each other. Both are generally comprised of vacant, undeveloped land. After adequate opportunities to value the respective properties, both TOF and LGE-have determined that the value of the TOF Exchange Parcels and the TOF Appurtenant Water Rights equals the value of the LGE Exchange Parcel as the same are described herein. AGREEMENT NOW THEREFORE, in consideration of the foregoing Recitals, the mutual covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties hereby agree as follows: 2 02553194.9 1. DEFINITIONS AND INCORPORATION OF RECITALS 1.1 Definitions. Capitalized terms used but not otherwise defined in this Agreement shall have the following meanings. (a) "Access Easement" shall have the meaning ascribed in Paragraph 3,1(b)(i). 7.2(b). (b) "Carbon Vallty Closing" shall have the meaning ascribed in Paragraph (c) "Carbon Valley Parcel" shall have the meaning ascribed in Paragraph 1.16j)(2)• (d) "Close" shall mean the acts of the Parties required to consummate any of the transactions contemplated by this Agreement to occur at a specified Closing. (e) "Closing" shall mean the consummation of one of the multiple transactions contemplated under this Agreement. (f) "Closing Date" shall mean the date of each Closing. (g) "Commitment" shall have the meaning ascribed in Paragraph 4.1. (h) "Completion Notice" shall have the meaning ascribed in Paragraph 8.1. (i) "Construction Warranty" shall have the meaning ascribed in Paragraph 9.2(a). (j} "Deed" shall mean a Special Warranty Deed conveying marketable title in and to the real property described therein in the form attached hereto as Exhibit G. (k) "Delivery Date Earliest" shall mean, with respect to the Carbon Valley Parcel, that date listed as the Delivery Date Earliest on the Delivery Schedule in Exhibit E. (1) "Delivery Date Expected" shall mean, with respect to the Carbon Valley Parcel, that date listed as the Delivery Date Expected on the Delivery Schedule in Exhibit E. (m) "Delivery Date Outside" shall mean, with respect to the Carbon Valley Parcel, that date listed as the Delivery Date Outside on the Delivery Schedule in Exhibit E. (n) "Delivery Schedule" shall mean the schedule for completion by LGE of the Storage Cell located on the Carbon Valley Parcel attached hereto as Exhibit E and incorporated herein by this reference. (o) "Ditch Company" or "Ditch Companies" shall mean the Rural Ditch Company and/or the Last Chance Ditch Company, as applicable. 3 02553194.9 (p) "Down Payment Deed of Trust" shall have the meaning ascribed in Paragraph 3.2(a)(vi). (q) "Down Payment Promissory Note" shall have the meaning ascribed in Paragraph 3.2(a)(vi). (r) "Due Diligence Period" shall have the meaning ascribed in Paragraph 5.1. (s) "Excess Carriage Purchase Price" shall mean the purchase price to be paid by TOF for the RDC Carriage Rights. The RDC Excess Carriage Purchase Price shall have the meaning ascribed in Paragraph 3.2(a)(ii). (t) "Excess Carriage Rights" shall mean those collective rights to divert waters (which are appropriated, unappropriated, owned or leased) through, as applicable, the Rural Ditch and the Last Chance Ditch for storage, recharge, and augmentation purposes, only at such times as the aforementioned ditches have available carrying capacity and can safely carry additional water, subject to the primary right of the applicable Ditch Company to use the ditch for the diversion of water, and further subject to the additional limitations thereon as may be imposed by any or all of the terms of this Agreement (specifically including any limitations set forth in any written assignments or grants of such Excess Carriage Rights to TOF as contemplated by this Agreement), and any and all liabilities, costs, limitations and requirements imposed thereon by the subject Ditch Company, LGE, the Water Courts of the State of Colorado and any other third parties having priority over or control of the use thereof. (i) Excess Carriage Rights in the Rural Ditch. When used in this Agreement with reference to the Rural Ditch, the term "Excess Carriage Rights" shall mean those rights granted by the Rural Ditch Company in that certain Agreement dated March 29, 2005, between such Ditch Company and Theodore Lohmann and Linda Lohmann, wherein the Rural Ditch Company (subject to the primary right of such Ditch Company to use the Rural Ditch for diversion of water) granted to the Lohmanns a right to divert waters which are appropriated, unappropriated, owned or leased through the Rural Ditch for storage, recharge, and augmentation purposes, only at such times as the Rural Ditch has available carrying capacity and when such ditch can safely carry additional water (defined therein as "Excess Capacity"), subject to certain limitations described therein, which include but are not limited to the right to use 5 cfs Excess Capacity up to a maximum of 4,348.50 acre feet of water per year through the Rural Ditch, such Agreement being recorded in the real property records of Weld County, Colorado on April 13, 2005 at Reception No. 3277293. The Excess Carriage Rights were assigned by the Lohmanns to LGE pursuant to the terms of that certain Assignment and Assumption Agreement dated July 3, 2013 and recorded on August 16, 2013, in such real property records at Reception No. 3957063. (ii) Excess Carriage Rights in the Last Chance Ditch. When used in this Agreement with reference to the Last Chance Ditch, the term "Excess Carriage Rights" shall mean only those pro rata rights granted to LGE by the By -Laws of the Last Chance Ditch Company (revised as of June 21, 2012) deriving from LGE's ownership of a total of 3 and 1/6th shares of stock in the Last Chance Ditch Company, which shares and share ownership are not appurtenant to any portion of the Carbon Valley Parcel, wherein the Last Chance Ditch 4 02553 t 94.9 Company (subject to the primary right of such Ditch Company to use the Last Chance Ditch for diversion of water) grants to its stockholders the right to use any excess capacity in the ditch in proportion to the stock owned by each stockholder in the Last Chance Ditch Company, only at such times as the Last Chance Ditch has available carrying capacity and when such ditch can safely carry additional capacity, as determined solely by the Board of Directors of the Last Chance Ditch Company (referred to in such By -Laws as "Excess Capacity"), subject to any and all liabilities, costs, limitations and/or requirements imposed thereon by the Last Chance Ditch Company, the Water Courts of the State of Colorado and any third parties having priority over or control of the use thereof. As more particularly described in the Unused Carriage Capacity Agreement (Last Chance Ditch) attached hereto as Exhibit I, TOF will have the right (specifically subject to LGE's prior right to use thereof) to utilize that portion of LGE's Excess Carriage Rights in the Last Chance Ditch derived from LGE's ownership of 3 and 1161h shares of stock in the Last Chance Ditch Company for TOF's purposes at any time and from time to time that LGE does not require use of such portion thereof. TOF hereby acknowledges, covenants and agrees that, with respect to all such Excess Carriage Rights in the Last Chance Ditch referenced herein which are utilized at any time by TOF, TOF will adhere to all rules and regulations of the Last Chance Ditch Company pertaining to TOF's use thereof and pay TOF's pro rata share of any fees pertaining to TOF's use thereof, and that TOF's use thereof will be specifically limited to the utilization thereof solely for the purpose of delivering water into and releasing water from the Storage Cell located on the Carbon Valley Parcel at a maximum rate of 40 cfs excess capacity per the conditions and limitations of LGE's rights in the LGE Storage Right Decree, or any future water court decrees as may be entered with respect to the Storage Cell located on the Carbon Valley Parcel, but only to the extent that any such future water court decrees, if any, are consistent with (and are not in excess of or contradictory to) the terms of both: (1) use of the Excess Carriage Rights derived from LGE's ownership of the above - described capital stock in the Last Chance Ditch Company; and (2) the terms of Exhibit 1, and only as any such future water court decrees have been either applied for or otherwise approved by LGE as the primary user of such carriage rights in the Last Chance Ditch. (u) "Excess Carriage_ Rights Assignments" shall have the meaning ascribed in Paragraph 3.1(c). (v) "Final Growth" shall mean the process of growth of vegetation on the Revegetated Acreage, commencing at the time when the DRMS has approved LGE's initial seeding, fertilization and mulching of the Revegetated Acreage (including any reseeding, fertilization and mulching of any areas required by the DBMS to confirm that initial vegetation of the Revegetated Acreage has been established) and culminating when all such vegetation is capable of "selfregeneration" without continued dependence on irrigation, soil amendments or fertilizer, all as determined by the DRMS in accordance with its rules and regulations. (w) "Fixed Price" shall mean the value per acre foot of sealed water Storage Capacity located in a particular Storage Cell. The Fixed Price for Storage Capacity located on the Carbon Valley Parcel is $2,800.00 per acre foot of Storage Capacity. (x) "Force Maieure" shall have the meaning ascribed in Paragraph 11.28. 02553194.9 (y) "Hazardous Substance" shall mean (i) any substance or material defined in or governed by any federal, state or local law, statute, code ordinance, rule, regulation, requirement or guidance relating to the environment and/or to the impact thereof on human health or safety, or governing, regulating or pertaining to the generation, treatment, storage, handling, transportation, use or disposal of any Hazardous Substance whether now or hereafter enacted; (ii) any substance, the presence of which requires investigation, notification, reporting or remediation thereunder or under any theory of common law; (iii) any dangerous, toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, or mutagenic substance; (iv) any substance, the presence of which on the Property or on lands contiguous with the boundaries of the Property would pose a hazard to the environment or to the health or safety of persons on or about any property; (v) any substance, the presence of which could constitute a trespass; and (vi) specifically and without limitation, metals, lead, polychlorinated biphenyls, asbestos or asbestos -containing materials, petroleum and petroleum products. (z) "Initial Closing" shall have the meaning ascribed in Paragraph 7.L (aa) "Initial Closing Contingencies" shall have the meaning ascribed in Paragraph 7.1. (bb) "Initial Materials" and "Materials" shall have the meanings ascribed in Paragraph 5.2. (cc) "LGE Exchange Parcel" shall have the meaning ascribed in Paragraph 1.1 0j)(3). (dd) "LGE Property" shall mean, collectively, all assets being conveyed or otherwise granted by LGE to TOF pursuant to the terms of this Agreement including all of LGE's right, title and interest in and to Carbon Valley Parcel, the LGE Water Rights, the Storage Capacity, the LGE Storage Right Decree, and the Excess Carriage Rights, but specifically excluding therefrom, the LGE Exchange Parcel. (cc) "LGE Storage Right Decree" shall mean all of LGE's right, title and interest in and to, and all claims and rights of LGE associated with, Colorado Water Court Case No. 2005CW335 concerning the water storage reservoir being developed on the Carbon Valley Parcel and all water, water rights, reservoirs and reservoir rights governed thereby, but only as such rights, interest and claims are applicable to the Carbon Valley Parcel (with all other rights, interest and claims of LGE with respect to other properties in such proceedings being retained by LGE or other third parties to such proceedings). (ff) "LGE Water Rights" shall collectively mean 1.41 shares of capital stock in the Rural Ditch Company currently owned by LGE, and all other water and water rights appurtenant to or otherwise associated with the Carbon Valley Parcel, including but not limited to any and all water and water rights (including water storage rights), rights to use water, groundwater, wells and well rights, ditch and ditch rights, reservoir and reservoir rights, whether adjudicated or not, and whether tributary, nontributary or not-nontributary, which are owned by LGE. In addition to the Subject Shares, the Water Rights appurtenant to the Carbon Valley Parcel specifically include all water and water rights, wells and well rights evidenced by and 6 02553194.9 associated with any permitted or unpermitted water wells located on the Carbon Valley Parcel (specifically including therein the water well evidenced by Colorado Division of Water Resources Well Permit No. 240652). (gg) "LGE Water Rights Purchase Price" shall have the meaning ascribed in Paragraph 3.2(b). (hh) "License to Enter" shall have the meaning ascribed in Paragraph 5.3. (ii) "Lining Criteria" shall mean the minimum performance standards of the State Engineer Guidelines for Lining Criteria for Gravel Pits, issued August, 1999. 0j) "Parcel" or "Parcels" shall mean those portions of real property, specifically including any Storage Cells associated with and located on such real property (if any), to be conveyed at each of the Closings described in Paragraph 7.2 of this Agreement. The Parcels to be conveyed are the TOF Exchange Parcels, the LGE Exchange Parcel and the Carbon Valley Parcel, which are described below in this Paragraph. The Parcels are comprised of: (1) the "TOF Exchange Parcels", more particularly identified and legally described in Exhibit A-1 of this Agreement, consist of two parcels of land and contain approximately 11.07 acres, all of which is located in unincorporated Weld County, Colorado; and (2) the "Carbon Valley Parcel", more particularly identified and legally described in Exhibit A-2, along with estimated locations of the Storage Cell to be located thereon, contains approximately 61 acres, all of which is located in unincorporated Weld County, Colorado. The Carbon Valley Parcel will contain, upon completion of mining and the Reclamation Obligations, one Storage Cell; and (3) the "LGE Exchange Parcel", more particularly identified and legally described in Exhibit A-3 of this Agreement, consists of one parcel of land containing approximately 28.8 acres, located in unincorporated Weld County, Colorado. Each Parcel, fee title to which is to be conveyed to a Purchaser in accordance with the terms of this Agreement, will specifically include with such conveyance at the Closing therefor, as inclusions, all of the following to the extent then owned by Seller and located on or used in connection with or appurtenant to such Parcel: (1) the surface estate; (2) all topsoil, overburden and aggregate resources (including Sand and Gravel) then situated thereon or therein; (3) any casements and other appurtenances thereto (unless specifically excluded by other provisions of this Agreement); and (4) unless otherwise specifically excluded by other provisions of this Agreement and specifically subject to the terms of the last subparagraph of this Paragraph LIW) below, all improvements thereto, all residences and buildings, out buildings, fences, water wells, headgates, pipelines, ditches, laterals, gated pipe, flumes, reservoirs, reservoir outlet works, water tanks, wells, well casings, irrigation sprinklers, pumps and all other valuable manmade structures which are fixtures thereon or otherwise appurtenant thereto; but such conveyance will specifically exclude therefrom (and reserve to the Seller) all oil, gas, minerals and mineral rights currently owned by Seller, if any, with respect to each Parcel. 02553194.9 Unless otherwise expressly set forth in this Agreement, no personalty or trade fixtures of Seller will be included in the conveyance of any Parcel to Purchaser. For example: (1) no mining equipment, or any batch plant or ready mix plant, or any components thereof, currently located on the Carbon Valley Parcel or the LGE Exchange Parcel (or installed thereon by or with the consent of LGE prior to the applicable Closing) will be included as a part of the conveyance of the Carbon Valley Parcel or the LGE Exchange Parcel to TOF by LGE; and (2) no equipment, supplies or related materials of any kind currently located on the TOF Exchange Parcels (or deposited thereon by or with the consent of TOF prior to the TOF Parcels Closing) will be included as a part of the conveyance of the TOF Exchange Parcels to LGE by TOF. In order for any such items to be included in any such conveyance, the inclusion thereof must be specifically provided for by the terms of this Agreement. If not included with any such conveyance, all such items must be removed (or caused to be removed) by Seller from the subject Parcel prior to the Final Closing applicable to such Parcel as conducted in accordance with Paragraph 7.2 of this Agreement. With respect to only the LGA Exchange Parcel, no headgates, pipelines, ditches, laterals, gated pipe, flumes, reservoirs, reservoir outlet works, pump structures and other similar or related structures, such as infrastructure related to any LGE water facilities or mining facilities located on properties which arc adjacent to the LGE Exchange Parcel, even if such structures or items are located or partially located on the LGE Exchange Parcel, will be included in the conveyance of the LGE Exchange Parcel to TOF. In addition, LGE will reserve the right to reasonably access and use the structures and facilities described in the preceding sentence, and the right to use certain roadways located on the LGE Exchange Parcel existing at the time of its conveyance to TOF for the purpose of access by LGE and related parties to the interior of LGE's adjacent real property, all such reservations to be for the benefit of LGE and its successors and assigns. The aforementioned reservations of use by LGE will be evidenced by written easement agreement(s) approved by the Parties and recorded in connection with the TOF Parcels Closing, which agreements shall identify the easements or the general easement areas, structures and/or facilities to be made subject thereto for use by LGE and its successors and assigns. (kk) "ka!:ff" and "Parties" shall have the meanings ascribed in the initial paragraph of this Agreement. (11) "Permits" shall mean all permits as are required by all federal, state, city, county or other governmental agencies for the excavation, mining and lining of the Storage Cells as water storage facilities including, but not limited to: (i) that certain Section 112(c) Reclamation Permit granted by the Colorado Division of Reclamation Mining and Safety for the Carbon Valley Parcel (Permit No. M-2001-017), as amended (the "Section 112(c) Permit'); and (ii) that certain Weld County Use by Special Review Permit for the Carbon Valley Parcel (Permit No. 1326), as amended; but specifically excluding therefrom any permits that may be required solely due to the future operation of the Storage Cells by TOF. (mm) "Permitted Exceptions" shall have the meaning ascribed in Paragraph 4.2. (nn) "Policy" shall have the meaning ascribed in Paragraph 4.1. 02553194.9 (oo) "Purchaser" shall have the meaning ascribed in the initial paragraph of this Agreement. (pp) "RDC Carriage Rights" When used in this Agreement, the term "RDC Carriage Rights" shall have the meaning ascribed to the Excess Carriage Rights in the Rural Ditch by Paragraph 1.1(t)(i) of this Agreement. (qq) "Reclamation Obligations" shall mean the obligation to complete the mining and reclaiming of the Carbon Valley Parcel in accordance with all of the Permits and as required by all applicable federal, state and local regulatory agencies, but specifically excluding therefrom, the obligation contained in the Section 112(c) Permit to achieve Final Growth of the Revegetated Acreage. (rr) "Reclamation Plan" shall mean the reclamation plan, as amended, submitted by LGE and approved by the DRMS for the Carbon Valley Parcel indicating how the affected mined lands located thereon will be reclaimed. (ss) "Revegetated Acreage" shall mean that portion of the Carbon Valley Parcel where revegetation is required by the Reclamation Plan. (tt) "Sand and Gravel" shall mean all aggregate, stone, rock, silt, clay, shale, overburden, topsoil and other solid minerals, including without limitation, sand and gravel. (uu) "Seller" shall have the meaning ascribed in the initial paragraph of this Agreement. (vv) "SEO Certification" shall mean correspondence from the Colorado State Engineer's Office (also referenced in this Agreement as the "State Engineer" or the "SEO") certifying that a Storage Cell enclosed by a Slurry Wall has passed the Slurry Wall Leakage Test. (ww) "Slurry Wall" and "Slurry Walls" shall mean, but only as applicable to the subject Parcels, any one or more Soil-Bentonite Slurry -Trench Cutoff Wall(s) and/or any other impermeable barrier(s) including, but not limited to, earth -berms and/or clay liners that have been designed, constructed and utilized to circumscribe, line and seal certain gravel pits located on the Parcels (but only those gravel pits which have been specifically designated in this Agreement as Storage Cells), so that the water Storage Cells thus created meet and/or exceed the criteria therefor set forth by the Office of the State Engineer in Paragraph 2.0 "Construction Standards" and Paragraph 3.0 "Performance Standards" in its "State Engineer Guidelines for Lining Criteria for Gravel Pits", August 1999. For purposes of clarity, the term "Slurry Wall(s)" will specifically exclude any temporary safety berm(s) which are or may be required to be constructed by LGE on any Parcels during LGE's mining operations thereon in compliance with the regulations of the Mine Safety and Health Administration of the United States Department of Labor; the Parties hereby acknowledging that such temporary safety berm(s) will not in any event be able to satisfy the required design or construction requirements for Slurry Wall(s) set forth above, and cannot therefore be considered to be "Slurry Walls" as such term is defined herein. 9 02553194.9 (xx) "Slurry Wall Leakage Tests" shall mean those tests as specified by the State Engineer to determine compliance with the "State Engineer Guidelines for Lining Criteria for Gravel Pits" (August, 1.999). (yy) "Storage Capacity" shall mean, with respect to each Storage Cell, the cumulative volume of water capable of being impounded within each Storage Cell as measured from the elevation of the lowest surveyed point to the elevation of the high-water line of the Storage Cell as excavated, reclaimed and completed pursuant to the Permits, expressed in acre feet. For the purpose of calculating the Storage Capacity, the elevation of the high-water line shall be set as the elevation of the lowest point along the top of the Slurry Wall (or other lining system), as measured along the perimeter of the centerline of the Slurry Wall which circumscribes the Storage Cell. (zz) "Storage Cell" and "Storage Cells" shall mean any gravel pit located on a Parcel, which has been excavated and lined by LGE in accordance with the Permits, and which is circumscribed by a Slurry Wall, which will be conveyed to TOF as a part of the transactions described in this Agreement. (aaa) "Storage Purchase Price" shall mean the Storage Capacity of an individual Storage Cell multiplied by the Fixed Price per acre foot of the volume of water which can be stored therein, expressed in U.S. Dollars. (bbb) "Sub'ect Shares" shall mean the shares of capital stock in the Rural Ditch Company evidencing a portion of the LGE Water Rights. (ccc) "Survey" shall have the meaning ascribed in Paragraph 6.1. (ddd) "Temporary Access and Reclamation Easement" shall have the meaning ascribed in Paragraph 3.1(b)(ii). 4.1. (eee) "Title Company" shall have the meaning ascribed in Paragraph 4.1. (fff) "Title Inspection Period" shall have the meaning ascribed in Paragraph (ggg) "Title Response Time" shall have the meaning ascribed in Paragraph 4..1. (hhh) "TOF Appurtenant Water Rights" shall mean all nontributary and not- nontributary water and water well rights appurtenant to the TOF Exchange Parcels, but specifically excluding therefrom any and all surface water rights, senior tributary ditch rights and shares in any ditch and/or reservoir company owned by TOF. Specifically included in the TOF Appurtenant Water Rights being conveyed by TOF to LGE pursuant to the terms hereof are all water and water rights, wells and well rights evidenced by and associated with any permitted or unpermitted water wells located on the TOF Exchange Parcels. (iii) "TOF Exchange Parcels" shall have the meaning ascribed in Paragraph 1.10j)(1)• 10 02553194.9 "TOF Parcels Closing" shall have the meaning ascribed in Paragraph 7.2(a). (kkk) "Unused Carriage Rights Assignment" shall have the meaning ascribed in Paragraph 3.1(c)(2). T (111) "Valley License" shall have the meaning ascribed in Paragraph 3.1(b)(iii). (mmm) "Valley/Brooks Farm Option" shall have the meaning ascribed in Paragraph 3.1(b)(iii). (nnn) "Working Permit Easement" shall have the meaning ascribed in Paragraph 3.1(b)(iv). 1.2 Recitals Part of Agreement. The foregoing Recitals are hereby incorporated into this Agreement as a material part hereof. 2. CONVEYANCE OF TOF EXCHANGE PARCELS AND TOF APPURTENANT WATER RIGHTS TO LGE 2.1 Conveyance of TOF Exchange Parcels and Appurtenances. In connection with and specifically contingent upon the various other transactions and Closings contemplated by the terms of this Agreement, TOF will convey or otherwise transfer to LGE the TOF Exchange Parcels and the TOF Appurtenant Water Rights, as described in this Paragraph 2.1. (a) Real Propea. TOF hereby agrees to convey to LGE, free and clear of any and all encumbrances other than Permitted Exceptions on the terms and conditions set forth in this Agreement, the TOF Exchange Parcels. (b) Water Rights. TOF hereby agrees to convey to LGE, free and clear of any and all encumbrances other than Permitted Exceptions, only the TOF Appurtenant Water Rights, specifically excluding any other water rights appurtenant to or used in connection with the TOF Exchange Parcels, on the terms and conditions set forth in this Agreement. 2.2 Consideration for TOF Conveyance. The consideration for the conveyance by TOF to LGE of the TOF Exchange Parcels and the TOF Appurtenant Water Rights is LGE's conveyance to TOF of the LGE Exhange Parcel as a like -kind exchange between the Parties. 3. SALE OF LGE PROPERTY TO TOF AND OTHER RELATED AGREEMENTS 3.1 Purchase and Sale of LGE Property. In connection with and specifically contingent upon the various other transactions and Closings contemplated by the terms of this Agreement, LGE will convey or otherwise transfer to TOF the LGE Property, as described in this Paragraph 3.1. (a) Real Property. TOF agrees to purchase, and LGE agrees to sell and convey to TOF, free and clear of any and all encumbrances other than the Permitted Exceptions, on the terms and conditions set forth in this Agreement, the Carbon Valley Parcel. Prior to the 11 02553194.9 Carbon Valley Closing (described in Paragraph 7.4 of this Agreement), LGE reserves the right to extract all Sand and Gravel from the Storage Cell located on the Carbon Valley Parcel. LGE's right to mine, extract and use Sand and Gravel on the Carbon Valley Parcel shall expire at the Carbon Valley Closing. The timing of the Carbon Valley Closing shall comply with the Delivery Schedule contained in Exhibit E attached hereto. The conveyance of the Carbon Valley Parcel by LGE to TOF shall be subject to the following terms: (i) Storage Cells. Prior to the Carbon Valley Closing, LGE shall, in accordance with the terms of this Agreement, have excavated and lined a gravel pit circumscribed by a Slurry Wall, generally in the configuration for such Storage Cell depicted on Exhibit B attached hereto. The Storage Cell shall consist of that portion of the Carbon Valley Parcel circumscribed by the centerline of the Slurry Wall and/or the crest of the final reclamation slope as formed by the earth berm or clay liner constructed for such Storage Cell (as shown on the updated Survey as provided for under Paragraph 6.2). At the Carbon Valley Closing, Seller shall deliver to Purchaser use of such Storage Cell. The Parties hereby agree that the configuration of the Storage Cell described in Exhibit B may not constitute final design and that LGE may change the configuration of the Storage Cell to meet the requirements of: (A) the Permits, (B) field conditions encountered during the course of mining, construction and reclamation of the final Slurry Wall and Storage Cell construction, and/or (C) other requirements set by the Office of the State Engineer, including but not limited to the final design and alignment of each Slurry Wall, pit crest, pit slope design, pit depth, pit floor and rough grading, prior to the Carbon Valley Closing, unless such changes in configuration will materially diminish or increase the Storage Capacity of the Storage Cell, in which case such modifications will be subject to TOF's prior approval in TOF's commercially reasonable discretion. For purposes of the preceding sentence a "material" increase or decrease in the Storage Capacity of the Storage Cell will be an increase or decrease in such Storage Capacity of more than 150 acre feet. (b) Access Easements. LGE and TOF agree to grant the following interests to the other as provided for below: (i) At the Initial Closing, LGE shall grant to TOF, access and construction easements to, over, and across those portions of the Carbon Valley Parcel which are mutually agreeable to both Parties, for the purpose of installing, operating and maintaining those water transfer and related facilities on, over, through and under such properties which are necessary to transfer water into and out of the various Storage Cells to be acquired from LGE by TOF in the form of the Access and Improvements Easement Agreement attached hereto as Exhibit C (collectively, the "Access Easement"). (ii) In conjunction with the Carbon Valley Closing, but only as may be required or deemed necessary by LGE, TOF shall grant to LGE a temporary non-exclusive access easement to, over, and across those portions of the Carbon Valley Parcel conveyed or granted to TOF at such Closing for the purpose of performing LGE's obligations under this Agreement, including LGE's obligations to satisfy any remaining Reclamation Obligations under the Permits, which easement shall be in the form of the Temporary Access and Reclamation Easement Agreement attached hereto as Exhibit D (the "Temporary Access and Reclamation Easement"). 12 02553194.9 (iii) At the Carbon Valley Closing, TOF will grant to LGE a license to access and use certain fixtures located on a portion of the Carbon Valley Parcel in connection with LGE's mining of Sand and Gravel on LGE's Brooks Farm property which is adjacent to the Carbon Valley Parcel. Such license will be substantially in the form of the Revocable License Agreement attached hereto as Exhibit O (the "Valley License"). As additional consideration for this Agreement and for the grant of such Valley License, at the Carbon Valley Closing LGE will grant to TOF, subject to the terms of this Paragraph 3.1(b)(iii) set forth below requiring the mutual agreement of both Parties hereto regarding the terms thereof, an option to purchase that portion of LGE's Brooks Farm property depicted on Exhibit attached hereto, inclusive of but not limited to, any Storage Cells located thereon resulting from the completion of LGE's mining activities and Reclamation Obligations thereon in accordance with the Permits, certain shares of capital stock in the Rural Ditch Company which are appurtenant to or otherwise associated with LGE's Brooks Farm property, all irrigation headgates, laterals, and other fixtures and improvements which are attached to LGE's Brooks Farm property and other appurtenances thereto, but only such rights, appurtenances, fixtures and improvements as are derived from LGE's ownership of such shares of capital stock in the Rural Ditch Company and not any rights, appurtenances, fixtures or improvements derived from any LGE ownership interests in or to the Last Chance Ditch Company unless otherwise specifically provided for therein (the "Valley/Brooks_Farm Option"). TOF and LGE hereby mutually agree to negotiate in good faith the terms of the Valley/Brooks Farm Option and to approve a form thereof on or before the date of the Initial Closing, at which time this Agreement will be amended to include such approved form as an exhibit hereto. If the Parties cannot mutually agree on a form of the Valley/Brooks Farm Option on or before the date of the Initial Closing, then (unless otherwise amended by the Parties prior thereto) this Agreement will terminate upon written notice of such termination given by TOF to LGE on or before the date of the Initial Closing. (iv) At the TOF Parcels Closing, TOF shall grant to LGE a temporary non-exclusive access, mining, processing and reclamation easement to, over and across the LGE Exchange Parcel conveyed by LGE to TOF at the TOF Parcels Closing for the purpose of occupancy and use by LGE of the LGE Exchange Parcel in connection with and in satisfaction of LGE's operations and obligations under any mining, processing, reclamation, special use or other permits which are applicable to, govern, or otherwise affect all or any portion of the LGE Exchange Parcel, which easement shall be in the form of the Temporary Access, Mining and Reclamation Easement attached hereto as Exhibit P (the "Working Permit Easement"). TOF hereby acknowledges that while the Working Permit Easement will be a "non-exclusive" easement, it will effectively prohibit TOF's entry onto or use of the LGE Exchange Parcel (or any portions thereof subject to the Working Permit Easement) for the entire term of the Working Permit Easement, and as a result, entry thereon by any person(s) employed by, affiliated with or under contract with TOF will have to be coordinated through LGE and will be subject to all safety and other requirements set forth in the permits and any applicable governmental regulations which govern LGE's mining activities on the LGE Exchange Parcel and neighboring parcels owned by LGE which are subject to such permits and regulations. (c) Excess Carriage Rights (,Rural Ditch and Last Chance Ditch). At the Carbon Valley Closing, LGE shall: (1) assign to TOF the RDC Carriage Rights in the Rural Ditch, subject to the consent of the Rural Ditch Company, pursuant to the terms of an Assignment and Assumption Agreement (Rural Ditch Company Agreement) substantially in the 13 02553194.9 form attached hereto as Exhibit F; and (2) grant to TOF, certain rights to use the Excess Carriage Rights of LGE in the Last Chance Ditch (the "Unused Carriage Rights Assignment") pursuant to the terms of an Unused Carriage Capacity Agreement (Last Chance Ditch) in the form attached hereto as Exhibit I (collectively, the "Excess Carriage Rights Assignments"). (d) Water Rights. TOF desires to purchase the 1.41 shares of capital stock currently owned by LGE in the Rural Ditch Company, which comprise a portion of the LGE Water Rights. At the Carbon Valley Closing, TOF agrees to purchase, and LGE agrees to sell and convey to TOF, free and clear of any and all encumbrances, the LGE Water Rights. Conveyance of the LGE Water Rights shall be by bargain and sale deed, and LGE's endorsement of the Subject Shares to TOF. (e) Storage Rights. At the Carbon Valley Closing, LGE shall assign and convey to TOF the LGE Storage Right Decree pursuant to the terms of an Assignment and Assumption Agreement (Colorado Water Court Case Rights) substantially in the form attached hereto as Exhibit H (the "LGE Storage Rights Assignment") and, upon request of TOF, by execution of a bargain and sale deed to TOF with respect thereto. 3.2 Purchase Prices, Down Payment and Security for Down Payment Applicable to the Sale of the LGE Property. The purchase price to be paid by TOF to LGE for the LGE Property described in Paragraph 3.1 will be as follows: (a) Carbon Valley Parcel. The purchase price for the entire right, title and interest of LGE in and to the Carbon Valley Parcel will be the sum of the Storage Purchase Price applicable to the Carbon Valley Storage Cell and the Excess Carriage Purchase Price for the RDC Carriage Right. (i) Storage Purchase Price Carbon Valley Parcel). The Storage Purchase Price applicable to the Carbon Valley Storage Cell will be the product of the total Storage Capacity of the completed Storage Cell located on the Carbon Valley Parcel (which total Storage Capacity is currently estimated to be 1,092 acre feet) times the Fixed Price for Storage Capacity. The Fixed Price for Storage Capacity located at the Carbon Valley Parcel is $2,800.00 per acre foot. Thus, the currently estimated aggregate Storage Purchase Price for the Carbon Valley Parcel Storage Cell is $3,057,600.00. (ii) Excess Carriage Purchase Price (Carbon Valley). The purchase price for the RDC Carriage Rights (the "RDC Excess Carriage Purchase Price") will be $6,000.00 per cubic foot per second (i.e., 5 CFS x $6,000 per CFS = $30,000). (iii) Other Rights at No Additional Costs. The Unused Carriage Rights Assignment and any additional real property rights appurtenant to the Carbon Valley Parcel which are required to be granted or conveyed to TOF pursuant to the terms of this Agreement, will be granted or conveyed by LGE to TOF for no additional consideration. (iv) Down Payment (LGE Property). The total amount of the down payment due by TOF to LGE for the LGE Property is $864,600.00. Subject to the satisfaction of the Initial Closing Contingencies, TOF shall deliver to LGE at the Initial Closing an earnest money deposit in the amount of $864,600.00 in cash by wire transfer. The full amount of the 14 02553194.9 down pavment actually received by LGE from TOF in accordance with the terms hereof will be applied to the purchase price of the LGE Property at the Carbon Valley Closing. (v) Progress Payments (Carbon Valley). Due to the short time period anticipated by the Parties between the Initial Closing, the TOF Parcels Closing and the Carbon Valley Closing, there will not be any progress payments required to be made to LGE by TOF in connection with the LGE Property transaction other than the down payment described above in Paragraph 3.2(a)(iv). (vi) Security for Carbon Valley Down Payment. From the date of the Initial Closing through the date of the Carbon Valley Closing, or the earlier termination of this Agreement and return of the Carbon Valley down payment, the Carbon Valley down payment made by TOF to LGE shall be secured by a Deed of Trust in first lien position against the Carbon Valley Parcel (the "Down Payment Deed of Trust"), which shall be in the form attached hereto as Exhibit J, and a lien, recorded on the stock certificates of the Subject Shares, for the benefit of TOF to secure any potential refund to TOF of the down payment required by this Agreement. If LGE fails to convey the Carbon Valley Parcel and/or the LGE Water Rights to TOF or to return the down payment to TOF when and as required by the terms of this Agreement, then TOF shall, in addition to TOF's other rights' and remedies under this Agreement, have the right to pursue such additional rights and remedies as may be available at law or in equity as a result of such failure, including without limitation, the right to foreclose on the Down Payment Deed of Trust and/or the Subject Shares. LGE hereby agrees to execute and deliver to TOF a promissory note or notes in the respective amounts of the Carbon Valley down payment, as and when made by TOF, evidencing LGE's obligation to apply the down payment received by LGE to the purchase price of the LGE Property, or to otherwise refund to TOF the down payment, all pursuant to the requirements of this Agreement (the "Down Payment Promissory Note"), which shall be in the form attached hereto as Exhibit K, and to take such actions as are necessary to have the Rural Ditch Company note the TOF lien on the Subject Shares. The Down Payment Promissory Note, the Down Payment Deed of Trust, and lien on the Subject Shares will be cancelled and released to the commercially reasonable satisfaction of LGE at the Carbon Valley Closing. (b) LGE Water Rights and LGE Storage Rights Assignment. The purchase price applicable to the LGE Water Rights will be $280,000.00 per share of stock in the Rural Ditch Company, resulting in a total purchase price for the LGE Water Rights of $394,800.00 (i.e., 1.41 x $280,000.00) (the "LGE Water Rights Purchase Price"). The LGE Storage Right Decree will be assigned by LGE to TOF at the Carbon Valley Closing for no additional consideration. 3.3 Conveyance of LGE Exchange Parcel. In connection with and specifically contingent upon the various other transactions and Closings contemplated by the terms of this Agreement, LGE will convey or otherwise transfer to TOF the LGE Exchange Parcel as described in this Paragraph 3.3. (a) Real Property. LGE hereby agrees to convey to TOF the LGE Exchange Parcel, free and clear of any and all encumbrances, other than Permitted Exceptions, on the terms and conditions set forth in this Agreement. 15 02553194.9 (b) Consideration for LGE Conveyance. The consideration for the conveyance by LGE to TOF of the LGE Exchange Parcel is TOF's conveyance to LGE of the TOF Exchange Parcels and the TOF Appurtenant Water Rights as a like -kind exchange between the Parties. 3.4 TOF Financing Contingency. TOF's obligations under this Agreement are specifically contingent upon TOF's receipt of a written commitment for a loan from the Colorado Water Conservation Board, or such other financial institution selected by TOF, to finance all or a material portion of TOF's monetary obligations hereunder. TOF shall have until the date of the Initial Closing to obtain such written commitment in a form and substance reasonably acceptable to TOF in TOF's reasonable discretion. If TOF has not obtained such a commitment on or before the date scheduled by the Parties for the Initial Closing, then TOF may cancel this Agreement upon written notice thereof to LGE, and if this Agreement is so cancelled by TOF, then this Agreement will terminate in its entirety, the Carbon Valley down payment referenced in Paragraph 3.2(a)(iv) will be returned by LGE to TOF, and both Parties will be relieved of all obligations under this Agreement except for those obligations which specifically survive termination. 3.5 Reimbursement of Application Fees. As more particularly described in the Valley License attached hereto as Exhibit O, LGE owns that certain real property adjacent to the Carbon Valley Parcel (the "Brooks Farm Property"), which is located within the boundaries of TOF. LGE intends to mine and reclaim a portion of the Brooks Farm Property in a similar manner to that of the Carbon Valley Parcel. As such, LGE intends to apply to TOF for all permits required to be issued by TOF for LGE's mining and reclamation of the Brooks Farm Property. LGE's application for such permits from TOF may occur prior to, contemporaneously with or shortly after the mutual execution of this Agreement by the Parties. As additional consideration for this Agreement, and for the grant by LGE to TOF of the Valley/Brooks Farm Option (as more particularly described in Paragraph 3.1(b)(iii) hereof), TOF hereby agrees that TOF will reimburse to LGE at the Carbon Valley Closing an amount equal to the actual amounts LGE has paid to TOF relating to TOF costs incurred to review and process the conditional use permit ("CUP") required by TOF for LGE's proposed operations on the Brooks Farm Property. Such reimbursement will be limited to those amounts LGE is required to pay in connection with LGE's CUP permit applications filed and processed by TOF between the date of TOF execution of this Agreement and the date of the Carbon Valley Closing, and thereafter, TOF hereby agrees to waive any such fees which would have been required to be paid to TOF by LGE therefor subsequent to the Carbon Valley Closing. Such reimbursement shall be without interest, is only of amounts actually paid to TOF, and may be made by TOF as an appropriate credit/debit (as applicable) on the respective settlement statements of the Parties prepared by the Title Company in connection with the Carbon Valley Closing. If the Carbon Valley Closing does not occur, and hence, the Valley/Brooks Farm Option is not signed by the Parties at such Closing, then TOF will not have any of the reimbursement or waiver obligations set forth above in this Paragraph 3.5. For avoidance of doubt, the provisions of this Paragraph 3.5 will be repeated in the form of the Valley/Brooks Farm Option which is required to be approved by the Parties and attached hereto as an additional exhibit on or before the date of the Initial Closing. 16 02553194.9 4. TITLE AND POLICIES 4.1 Preliminary Title Commitment. Within 30 days after the date of this Agreement, each Party in its capacity as a Seller will procure and deliver to each Purchaser, at Seller's expense, title commitments for the issuance of ALTA extended coverage owner's title insurance policies with respect to the real property which comprises the Seller's interest in and to the respective real property interests required to be conveyed to Purchaser pursuant to the terms of this Agreement, as issued by Stewart Title Guaranty Company of Denver, Colorado (the "Title Company"), together with copies of tax certificates and all recorded documents referenced therein (each a "Commitment"). Pursuant to each Commitment, the Title Company will agree to issue to Purchaser an owner's policy insuring all of the real property interests to be acquired by each Purchaser in the applicable amounts of the respective purchase prices with respect to such Purchaser's applicable interests for each Closing, without exception for any matters other than current taxes and assessments, easements, rights of way, covenants, conditions, restrictions, reservations, agreements and other matters of record, as shown in the Commitment and approved by Purchaser as a Permitted Exception (each a "Policy"). The Commitment will affirmatively provide for the deletion, at Seller's sole expense, of all standard printed exceptions to the extent that the Title Company will agree to delete such exceptions after review of all information provided by Seller. Purchaser shall have until the date which is 10 days from the date of actual receipt of both the Commitment and the Survey by Purchaser (the "Title Inspection Period") in which to examine the Commitment and Survey and to give written notice to Seller of Purchaser's objection to any matter contained therein which Purchaser finds objectionable. Seller shall have 10 days from the actual receipt of such notice of title objection to elect either to: (i) cure some or all of the objections or defects so specified; or (ii) give notice that Seller elects not to cure such objections. If, within said 10 day period of time (the "Title Response Time"), Seller gives notice to Purchaser that Seller will not correct all such objections or defects prior to the applicable Closing, then Purchaser shall have, as its exclusive remedies, the right to terminate this Agreement, or to waive such objections or defects which Seller has elected not to cure and proceed with all of the Closings. Within 10 days after the earlier of: (i) the expiration of Title Response Time; or (ii) the date of the giving by Seller to Purchaser of written notice that Seller elects not to cure all or any of such objections or defects, Purchaser shall give Seller written notice of which remedy Purchaser has elected, and if Purchaser's election is to waive such objections and defects and Close, then such defects and matters having been objected to shall be deemed Permitted Exceptions. If, prior to the expiration of such 10 day period, Purchaser has not given such written notice to Seller, Purchaser shall be deemed to have affirmatively elected to Close all transactions evidenced by this Agreement. 4.2 Permitted Exceptions. Seller shall grant or convey, as applicable, such title or interest to the applicable property provided for under this Agreement at the applicable Closing subject only to such matters of title affecting the relevant property that are either: (i) the result of Purchaser's acts or omissions; or (ii) approved by Purchaser pursuant to this Agreement (such matters hereinafter collectively referred to as "Permitted Exceptions"), provided that the term "Permitted Exceptions" shall not be deemed to include any liens (except the lien for real estate taxes not yet due or payable) or monetary encumbrances of any kind. Notwithstanding the foregoing, or any other contrary provision of this Agreement, Purchaser shall be obligated to accept title to the applicable Parcel subject to the following exceptions to title, which shall for the purposes herein, specifically constitute Permitted Exceptions: 17 02553194.9 (a) real estate taxes and assessments not yet delinquent; (b) the printed exceptions which appear in the form ALTA standard owner Policies issued by Title Company in the State of Colorado; and (c) such other exceptions as are approved by Purchaser pursuant to the terms of this Agreement. 4.3 Updated Commitment. On or before the date of each of the Final Closings described in Paragraph 7.2, Seller shall obtain and deliver to Purchaser, at Seller's expense, either an updated Commitment for the subject Parcel, or an endorsement to the Commitment with a current effective date, in either case showing no exceptions affecting the subject Parcel other than the Permitted Exceptions, providing for the appropriate title insurance amount, and confirming the deletion of all requirements that must be satisfied as a condition to the issuance of the Policy for the subject Closing. 4.4 Title Policy. Within a reasonable time after the date of each Closing described in Paragraph 7.2, Seller, at its expense, shall cause the Title Company to deliver the Policy to Purchaser, insuring Purchaser's title to the real property interests purchased at such Closing in an amount equal to the sum of the purchase price paid by Purchaser for the subject property at such Closing. Each Policy shall be subject only to the Permitted Exceptions, and Seller shall pay, at such Closing, the premium for each Policy and any endorsements to the same which were requested by Seller to cure any title objections or defects identified by Purchaser during the Title Inspection Period and which Seller elected to cure. 5. DUE DILIGENCE AND ACCESS 5.1 Due Diligence. Each Purchaser shall have until the day which is 45 days following the date of this Agreement (the "Due Diligence Period"), to terminate this Agreement if Purchaser is dissatisfied with the property and/or the water rights to be acquired hereunder by such Purchaser for any reason. Subject to any additional rights granted to TOF by the terms of Article 8 of this Agreement, it shall be conclusively presumed that Purchaser is satisfied with such property if Purchaser fails to send written notice to Seller to the contrary on or before the expiration of the Due Diligence Period. If Purchaser sends notice of its dissatisfaction with the Property on or before expiration of the Due Diligence Period, Seller shall have 10 days from the actual receipt of such notice of dissatisfaction to elect either to (i) give notice that Seller elects to cure some or all of the issues described in the notice prior to the applicable Closing, or (ii) give notice that Seller elects not to cure such issues. If, within said 10 day period of time (the "Property Dissatisfaction Response Time"), Seller gives notice to Purchaser that Seller will not cure all such issues prior to the applicable Closing, then Purchaser shall have, as its exclusive remedies, the right to terminate this Agreement, or to waive any issues raised in Purchaser's notice which Seller has elected not to cure and proceed with all of the Closings. Within 10 days after the earlier of: (i) the expiration of the Property Dissatisfaction Response Time; or (ii) the date of the giving by Seller to Purchaser of written notice that Seller elects not to cure all or any of the issues, Purchaser shall give Seller written notice of which remedy Purchaser has elected, and if Purchaser's election is to waive such issues and Close, then such issues shall be deemed waived; and if Purchaser provides no written notice, then this Agreement will terminate in its 18 02553194.9 entirety and both Parties will be relieved of all obligations under this Agreement except for those obligations which specifically survive termination. 5.2 Materials. Prior to the date of this Agreement, Seller may have delivered to Purchaser certain information regarding each applicable Parcel (such materials the "Initial Materials"). In connection with Purchaser's due diligence review, Seller shall deliver to Purchaser any information or materials reflecting a change to any of the Initial Materials, as well as all other information and materials in such Seller's possession or reasonable control with respect to such Parcel(s) (collectively the "Materials"). Furthermore, within 10 days after the execution of this Agreement, and thereafter during the remainder of the term of this Agreement, each Seller shall promptly provide Purchaser with access to any Materials, or in Seller's reasonable discretion, final copies thereof, as may currently be or as may hereafter come into Seller's possession or control, including but not limited to: (a) Copies of all permits, licenses, certificates, commitments, governmental applications, or agreements relating to the zoning, operation, maintenance, occupancy or use of the subject Parcel; provided however, that with respect to the Permits (as such term is defined in Paragraph 1.1(11) of this Agreement), TOF hereby agrees and acknowledges that: (1) in order to inspect and examine complete copies of each of the Permits, TOF will be required to access such Permits at LGE's offices or at the respective offices of the jurisdictions granting such Permits; (2) any applicable zoning ordinances will not be available for inspection at the offices of LGE; and (3) due to the voluminous nature of same, LGE will not be providing copies of any of the Permits to TOF. (b) Copies of any surveys, soils geotechnical and engineering reports, feasibility studies, site plats and plans, and other reports, studies or documents relating to the subject Parcel. (c) Copies of any and all lease, occupancy or use agreements concerning the subject Parcel, including but not limited to any lease agreements concerning the development of oil and gas deposits underneath the subject Parcel, which have or will have any material application to or be binding on all or any portion of any Parcel to be acquired by the Purchaser at any Closing hereunder, with all other agreements not so disclosed by Purchaser being required hereby to be terminated by Seller prior to or contemporaneously with any Closing hereunder conveying such Parcel from Seller to Purchaser. I.n other words, if such documentation will have no effect whatsoever on the subject Parcel subsequent to the Closing affecting such Parcel, or if such agreement(s) will be fully and effectively terminated by Seller at or prior to such Closing, then copies of such document(s) need not be provided to Purchaser as a part of the Materials, but in such cases such documents must not bind the subject Parcel or Purchaser in any way subsequent to such Closing. (d) Copies of any and all other agreements concerning or related to the subject Parcel, which have or will have any material application to or be binding on all or any portion of any Parcel to be acquired by the Purchaser at any Closing hereunder, with all other agreements not so disclosed by Purchaser being required hereby to be terminated by Seller prior to or contemporaneously with any Closing hereunder conveying such Parcel from Seller to Purchaser. In other words, if such documentation will have no effect whatsoever on the subject Parcel 19 02553194.9 subsequent to the Closing affecting such Parcel, or if such agreement(s) will be fully and effectively terminated by Seller at or prior to such Closing, then copies of such document(s) need not be provided to Purchaser as a part of the Materials, but in such cases such documents must not bind the subject Parcel or Purchaser in any way subsequent to such Closing. (e) Copies of any deeds, abstracts, title opinions, title insurance policies, title opinions, stock certificates, agreements, assignments, permits, applications, pleadings, decrees, engineering reports, photographs, records of use, and correspondence with the State water officials or the applicable Ditch Companies, or any other documents that pertain to Seller's ownership or use of any water rights which are the subject of this Agreement, as the same may be requested by Purchaser, including but not limited to any evidence of historical use of any such water rights in connection with the subject Parcel which are in the possession or reasonable control of Seller. (f) Copies of any engineering reports, administrative approvals, historical use information, water delivery information or any other information related to the historical use of the Subject Shares. LGE will reasonably cooperate with TOF to obtain access to any records of the applicable Ditch Companies that pertain to the Subject Shares, if requested by TOF. Seller's obligations to deliver the Materials may be effected by the means provided for delivery of Notices pursuant to Paragraph 11.24 hereof; provided, however, that Seller shall be deemed to have satisfied its obligations to deliver the Materials by arranging for Purchaser to have access to such Materials (including to make copies of such Materials) or any portions thereof during normal business hours at the offices of Seller. 5.3 License to Enter. Seller hereby grants Purchaser, from the date of this Agreement until the final Closing expected to occur with respect to each Parcel, the right, license, permission and consent for Purchaser and Purchaser's employees, agents, contractors, subcontractors and consultants to enter upon the subject Parcel on a non-exclusive basis for the purposes of performing tests, studies and analyses thereon ("License to Enter"); provided that: (i) Purchaser shall give Seller at least 24 hours advance telephonic notice (which access and notice shall be during regular business hours); and (ii) such access will not interfere with Seller's business operations thereon and will be conducted in accordance with all applicable safety regulations. Purchaser hereby agrees that Purchaser will be responsible for any and all damages to Seller and the subject Parcel which result from any actions whatsoever of Purchaser, its employees, agents, contractors, subcontractors and consultants resulting from any entry onto the subject Parcel pursuant to this License to Enter. Purchaser agrees to promptly refill holes dug and otherwise to repair any damage to each Parcel as a result of any such activities. Purchaser will permit no lien to attach to any portion of any Parcel as a result of such activities. Purchaser hereby agrees that Purchaser will indemnify and hold Seller harmless from and against any damage that may be incurred by Seller as a result of such activities of Purchaser. Copies of all non -privileged third party due diligence reports prepared with respect to any Parcel by or on behalf of Purchaser must be furnished to Seller promptly after Purchaser's receipt thereof. 20 02553194.91 6. SURVEY 6.1 Initial Survey. Within 10 days after the date of this Agreement, Seller shall provide to Purchaser, at Seller's expense, any existing surveys of each of the Parcels to be acquired by Purchaser prepared by a land surveyor duly licensed in the State of Colorado identifying the boundaries of each of the Parcels and dated no more than five years prior to the date of this Agreement (collectively, the "Survey'). 6.2 Updated Survey of the Carbon Valley Parcel by LGE. On or before the date which is 30 business days prior to the Carbon Valley Closing, LGE will obtain and deliver to TOF, at LGE's expense, an updated Survey of the Carbon Valley Parcel which Survey: (i) shall depict and provide a legal description of the boundary line of the Storage Cell which is located on the Carbon Valley Parcel (which boundary is agreed by the Parties for the purpose of this Agreement to be defined as the centerline of the as -built Slurry Walls constructed as of such date); (ii) will be certified to TOF and Title Company by a surveyor's certificate in commercially acceptable form and substance; and (iii) will otherwise conform to the initial Survey as provided for in Paragraph 6.1 above. In the event the updated Survey of the Carbon Valley Parcel raises issues that cannot be resolved in the time remaining before the applicable Closing, the Parties will agree upon a rescheduled date for such Closing, such date not to exceed 90 days after the originally scheduled date of the Carbon Valley Closing. 6.3 Updated Survey of the LGE Exchange Parcel by LGE. On or before the date which is 60 days after the date of this Agreement, LGE will obtain and deliver to TOF, at LGE's expense, an updated Survey of the LGE Exchange Parcel which Survey: (i) shall depict and provide a legal description of the boundary line of the LGE Exchange Parcel; (ii) will be certified to TOF and Title Company by a surveyor's certificate in commercially acceptable form and substance; and (iii) will otherwise conform to the initial Survey of same as provided for in Paragraph 6.1. If the updated Survey discloses any matters or issues not originally disclosed on the initial Survey, TOF will have 10 days from the date of receipt by TOF of the updated Survey to object to any such additional matters not shown on the initial Survey which TOF finds objectionable, and the Parties will have until the date of the TOF Parcels Closing to resolve any such issues. In the event the updated Survey raises issues objectionable to TOF that cannot be resolved in the time remaining prior to such Closing, the Parties will agree upon a rescheduled date for such Closing (such date not to exceed 90 days after the originally scheduled date of the TOF Parcels Closing), or in the alternative, TOF shall have the right to either terminate this Agreement or waive any such uncured issues and proceed with the TOF Parcels Closing. Prior to the date of the TOF Parcels Closing, LGE (at LGE's sole cost and expense) will cause the LGE Exchange Parcel to be subdivided or otherwise legally separated into a separate legal parcel capable of being conveyed to and owned separately by TOF. 6.4 Updated Surveys of the TOF Exchange Parcels. On or before the date which is 60 days after the date of this Agreement, LGE will obtain and deliver to TOF, at LGE's expense, an updated Survey which Survey: (i) shall depict and provide a legal description of the boundary line of each of the TOF Exchange Parcels; (ii) will be certified to LGE and Title Company by a surveyor's certificate in commercially acceptable form and substance; and (iii) will otherwise conform to the initial Survey as provided for in Paragraph 6.1. If the updated Survey discloses any matters or issues not originally disclosed on the initial Survey, LGE will have 10 days from 21 02553194.9 the date of receipt by LGE of the updated Survey to object to any such additional matters not shown on the initial Survey which LGE finds objectionable, and the Parties will have until the Closing Date of the TOF Exchange Parcels to resolve any such issues. In the event the updated Survey raises issues objectionable to LGE that cannot be resolved in the time remaining prior to such Closing, the Parties will agree upon a rescheduled date for such Closing (such date not to exceed 90 days after the originally scheduled date of the TOF Parcels Closing), or in the alternative, LGE shall have the right to either terminate this Agreement or waive any such uncured issues and proceed with the TOF Parcels Closing. 7. CLOSINGS 7.1 Initial Closing. Except as otherwise specifically provided in this Paragraph 7.1, the granting by LGE of the Access Easement to TOF (the "Initial Closing") will be held on a date mutually agreeable to both Parties which is no later than 90 days after the date of this Agreement. Notwithstanding the terms of the preceding sentence, if TOF has not been able to secure a written commitment for a loan to finance all or a material portion of TOF's monetary obligations under this Agreement from the Colorado Water Conservation Board, or such other financial institution selected by TOF (collectively, "TOF Lender"), then TOF will have the right to extend the date of the Initial Closing to a date which is no later than 120 days after the date of this Agreement by giving written notice thereof to LGE no later than 80 days after the date of this Agreement, and upon receipt of such notice, LGE will work with TOF to select a new date for the Initial Closing within such extended timeframe which is mutually agreeable to both Parties. If however, TOF has determined that it will not be able to secure such a written commitment for such loan from the TOF Lender within 120 days after the date of this Agreement, then no later than 110 days after the date of this Agreement, TOF will be entitled to request (by written notice thereof given to LGE) that the date of the Initial Closing be further extended beyond 120 days after the date of this Agreement; provided however, that any such notice/request by TOF must be accompanied by written evidence from the TOF Lender that such further delay is being primarily caused by the practices and procedures of the TOF Lender in processing and approving TOF's application for such loan, and not by any failure on the part of TOF to timely apply for or provide materials to the TOF Lender as a part of the loan application process. Upon receipt of such notice and backup materials from TOF, LGE agrees to reasonably consider (but LGE will have no obligation to grant) a further extension of the date of the Initial Closing to be mutually agreed upon by the Parties in a written instrument regarding same amending this Agreement. The Parties will agree to the form of all the closing documents in advance of such Closing. The Initial Closing is subject to the satisfaction of the conditions and delivery of the documents as listed below (the "Initial Closing Contingencies'): (a) TOF shall deliver to Title Company the following: (i) an executed Access Easement; (ii) such affidavits, instruments and materials as may be reasonably required by the Title Company, if any; (iii) the down payment for the LGE Property as more particularly described in Paragraph 3.2(a)(iv); and 22 02553194.9 (iv) payment for the recording of the Down Payment Deed of Trust. (b) LGE shall deliver to Title Company, the following: (i) an executed Access Easement; (ii) payment for the recording of the Access Easement; (iii) a stock assignment executed by LGE evidencing LGE's request to the Rural Ditch Company to include on the Subject Shares a lien in favor of TOF to secure the Down Payment Promissory Note; (iv) such affidavits, instruments and materials as may be reasonably required by the Title Company, if any; and (v) the Down Payment Promissory Note required to evidence the Carbon Valley down payment received, and the Down Payment Deed of Trust required to secure such Down Payment Promissory Note. (c) In conjunction with the Initial Closing, Title Company will be directed to and will record the Access Easement in the real property records of Weld County, Colorado for the benefit of TOF; deliver to TOF the original of the Access Easement (after recording), along with providing copies of the recorded Access Easement to both LGE and TOF, all at the expense of LGE; deliver to TOF the original Down Payment Promissory Note; record the Down Payment Deed of Trust in the real property records of Weld County, Colorado for the benefit and at the expense of TOF; deliver to TOF the original Down Payment Deed of Trust (after recording), with copies to LGE; and deliver to LGE by wire transfer the sum of all cash down payments actually received by Title Company from TOF, less any Closing expenses which LGE may direct Title Company to pay with such funds. 7.2 Final Closings. In addition to completion of the Initial Closing described in Paragraph 7.1, this Agreement contemplates and requires multiple final Closings described as follows: (a) the Closing of the like -kind exchange between the Parties, wherein LGE acquires from TOF, the TOF Exchange Parcels and the TOF Appurtenant Water Rights in exchange for TOF acquiring from LGE, the LGE Exchange Parcel (referred to herein, collectively, as the "TOF Parcels Closing"); and (b) the Closing, wherein TOF acquires from LGE, the Carbon Valley Parcel including the Storage Cell developed or to be developed by LGE on the Carbon Valley Parcel, the Excess Carriage Rights, the LGE Storage Right Decree and the LGE Water Rights (referred to herein as the `'Carbon Valley Closing"). 7.3 TOF Parcels Closing. The TOF Parcels Closing will be scheduled and will occur contemporaneously with the Carbon Valley Closing. The following events shall take place at the time and place of the TOF Parcels Closing; no payment or delivery shall be deemed made until after the following events have been completed: 23 02553194.9 (a) LGE shall deliver to the Title Company the following: (i) An executed Deed conveying marketable title in and to the LGE Exchange Parcel (including any rights appurtenant thereto to be included in accordance with the terms of this Agreement) to TOF, free and clear of any and all liens, taxes or other encumbrances of any kind whatsoever, except for: (1) the Permitted Exceptions; and (2) all other reservations as may be described in Paragraph 1.10j)(3) and Paragraph 3.3, and an executed Working Permit Easement substantially in the form attached hereto as Exhibit P; (ii) such assignments to, acceptances or assumptions of, and any other documentation necessary to convey to TOF, in a form mutually agreed to by the Parties, any appurtenant rights applicable to the LGE Exchange Parcel, as may be reasonably requested by TOF; (iii) such affidavits, instruments and materials as may be reasonably required by Title Company for its issuance of the applicable Policy including, without limitation, settlement statements for the Closing; (iv) an instruction letter for the Title Company prepared by LGE consistent with the terms of this Agreement. (b) TOF shall deliver to Title Company the following: (i) an executed Deed conveying marketable title in and to the TOF Exchange Parcels (including any rights appurtenant to the TOF Exchange Parcels to be included in accordance with the terms of this Agreement, with the understanding and agreement of LGE that any TOF Appurtenant Water Rights being conveyed to LGE by TOF will be separately conveyed by a Bargain and Sale Deed in a form mutually acceptable to the Parties) to LGE, free and clear of any and all liens, taxes or other encumbrances of any kind whatsoever, except for: (1) the Permitted Exceptions; and (2) all other reservations as may be described in Paragraph 1.1Oj)(1) and Paragraph 2. 1, and an executed Working Permit Easement substantially in the form attached hereto as Exhibit P; (ii) such assignments and other documentation necessary to convey to LGE, in a form mutually agreed to by the Parties, any appurtenant rights applicable to the TOF Exchange Parcels, including but not limited to the TOF Appurtenant Water Rights, and required to be conveyed to LGE pursuant to the terms of this Agreement, as may be reasonably requested by LGE; (iii) such affidavits, instruments and materials as may be reasonably required by Title Company for its issuance of the applicable Policy including, without limitation, settlement statements for the Closing; and (iv) an instruction letter for Title Company prepared by TOF consistent with the terms of this Agreement. 7.4 Carbon Valley Closing. The Carbon Valley Closing shall occur on the date which is 30 business days after TOF's receipt of a valid Completion Notice from LGE for the 24 02553194.9 Storage Cell located on the Carbon Valley Parcel as provided for under Paragraph 8.1 below, or such other date as the Parties shall mutually agree. The following events shall take place at the time and place of such Closing. No payment or delivery shall be deemed made until after all the following events have been completed: (a) TOF shall deliver to Title Company the following: (i) an amount equal to the Carbon Valley Storage Purchase Price, the RDC Excess Carriage Purchase Price and the LGE Water Rights Purchase Price credited for all down payments, credits and offsets as provided for herein, in cash, via wire transfer; (ii) an executed Assignment and Assumption Agreement (Rural Ditch Company Agreement) concerning the RDC Carriage Rights substantially in the form attached hereto as Exhibit F, an executed Unused Carriage Capacity Agreement (Last Chance Ditch) concerning the Unused Carriage Rights Assignment substantially in the form attached hereto as Exhibit I, an executed Assignment and Assumption Agreement (Colorado Water Court Case Rights) substantially in the form attached hereto as Exhibit H, and an executed successor operator agreement in the form attached hereto as Exhibit L (under the circumstances more particularly described in Paragraph 8.4(c)), an executed Valley License substantially in the form attached hereto as Exhibit O, and an executed Valley/Brooks Farm Option in the form agreed to by the Parties pursuant to the requirements set forth in Paragraph 3.1(b)(iii); (iii) the original Down Payment Promissory Note marked "cancelled" or "paid in full" and a full release of the Down Payment Deed of Trust sufficient for recording in the Weld County real property records; (iv) an executed Temporary Access and Reclamation Agreement; (v) such assignments to, acceptances/assumptions of, and other documentation necessary to convey to TOF in such form(s) as mutually agreed to by the Parties with respect to any appurtenant rights applicable to the Carbon Valley Parcel, as may be reasonably requested by TOF; (vi) a letter, affidavit or other instrument releasing TOF's lien on the stock certificates of the Subject Shares as necessary to transfer clear title to the Subject Shares to TOF; (vii) such affidavits, instruments and materials as may be reasonably required by the Title Company in its issuance of the applicable Policy including, without limitation, settlement statements for the Closing; and (viii) an instruction letter for the Title Company prepared by TOF consistent with the terms of this Agreement. (b) LGE shall deliver to Title Company the following: (i) an executed Deed conveying to TOF marketable title in and to the Carbon Valley Parcel, and any appurtenant rights thereto, and, subject to the specific exceptions 25 02553194.9 thereto set forth in Paragraph 1.1 Oj), any fixtures located on or within the Carbon Valley Parcel, free and clear of any and all liens, taxes or encumbrances of any kind whatsoever except for: (1) the Permitted Exceptions; and (2) any reservations more particularly described in Paragraph 1.1Oj) and Paragraph 3.1 of this Agreement; (ii) an executed Assignment and Assumption Agreement (Rural Ditch Company Agreement) concerning the RDC Carriage Rights substantially in the form attached hereto as Exhibit F, an executed Unused Carriage Capacity Agreement (Last Chance Ditch) concerning the Unused Carriage Rights Assignment substantially in the form attached hereto as Exhibit 1, an executed Assignment and Assumption Agreement (Colorado Water Court Case Rights) substantially in the form attached hereto as Exhibit H, and an executed successor operator agreement in the form attached hereto as Exhibit L (under the circumstances more particularly described in Paragraph 8.4(c)), an executed Valley License substantially in the form attached hereto as Exhibit O, and an executed Valley/Brooks Farm Option in the form agreed to by the Parties pursuant to the requirements set forth in Paragraph 3.1(b)(iii); (iii) in conjunction with the conveyance of the LGE Water Rights to TOF, a bargain and sale deed describing the LGE Water Rights and any other water rights appurtenant to the Carbon Valley Parcel, and LGE's assignment and endorsement of the Subject Shares to TOF on the original certificate evidencing the Subject Shares and a share assignment agreement from LGE to TOF for the Subject Shares in a form mutually agreed upon by the Parties, including the appointment of TOF as attorney -in -fact with authority to change the ownership records of the Rural Ditch Company with respect to the Subject Shares conveying the LGE Water Rights and Subject Shares free and clear of all liens and encumbrances, including the most recent assessments made by the Rural Ditch Company during the year of Closing and all prior years; (iv) an executed Temporary Access and Reclamation Agreement; (v) such assignments and other documentation necessary to convey to TOF in such form(s) mutually agreed to by the Parties with respect to any appurtenant rights which are applicable to the Carbon Valley Parcel as may be reasonably requested by TOF; (vi) such affidavits, instruments and materials as may be reasonably required by the Title Company in its issuance of the applicable Polices including, without limitation, settlement statements for the Closing; and (vii) an instruction letter for the Title Company prepared by LGE consistent with the terms of this Agreement. 7.5 Intentionally omitted. 7.6 Title Company Instructions. In conjunction with each of the TOF Parcels Closing and the Carbon Valley Closing, the Title Company will be directed to and will: (1) record any of the documents described above in Paragraphs 7.2 - 7.4 in the real property records of Weld County, Colorado, as directed by instruction letters prepared by each of the Parties which are consistent with the terms of this Agreement at the cost and expense of the Party for whose benefit such documents are being recorded; and (2) disburse any sums due to the Parties 26 02553194.9 as described above in Paragraphs 7.2 — 7.4, as directed by instruction letters prepared by each of the Parties which are consistent with the terms of this Agreement. 7.7 General Provisions Regarding Closings. The following provisions will apply to all Closings. (a) Prorations. Real property taxes and assessments on the property for the year of Closing shall be prorated to the date of each Closing; provided, however, that if, as of the Closing Date, the actual tax bill for the year is not available and the taxes to be prorated cannot be ascertained, then the most recent known rates, millages and assessed valuations (which amounts shall relate to the same tax year) shall be conclusive as to the property taxes and assessments to be prorated. (b) Closing Costs. The title insurance premium and endorsements required to delete title exceptions objected to by Purchaser and agreed to be cured by Seller pursuant to Paragraph 4 for the applicable Policy will be paid by Seller. Seller shall pay the title insurance premium for the Policy and for any applicable endorsement, if able to be provided by Title Company, to provide extended coverage. All other endorsements as may be requested or required by Purchaser will be paid for by Purchaser. The costs of any transfer fees, transfer taxes or escrow fees and charges shall be shared equally between the Parties. Fees for real estate closing services shall be paid by Purchaser and Seller equally. Each Party shall pay the recording fees applicable to those documents recorded in favor of such Party. Any other costs of closing not expressly addressed hereunder shall be apportioned or paid for by Purchaser or Seller as is customary in the State of Colorado. All closing costs shall be paid by the Parties in good funds at or before Closing. (c) Payment of Encumbrances. Any lien or encumbrance required to be paid by Seller shall be paid at or before Closing from the proceeds of this transaction or from any other Seller source. S. COMPLETION OF STORAGE CELLS BY LGE 8.1 Completion and Purchaser Approval. Upon the completion of mining of the Storage Cell which is located or to be located on the Carbon Valley Parcel and those Reclamation Obligations of LGE set forth in the Section 112(c) Permit with respect thereto (specifically excluding achieving Final Growth on the Revegetated Acreage), LGE shall give TOF written notice that LGE is prepared to convey the Carbon Valley Parcel to TOF at a Closing (the "Completion Notice"). The Completion Notice shall include the following: (i) copies of documentation from the Colorado Division of Reclamation, Mining and Safety ("DRMS") evidencing that agency's reduction of LGE's bond for LGE's obligation to complete the applicable Section 1.12(c) Permit Reclamation Obligations with respect to the Carbon Valley Parcel (excluding Final Growth); (ii) copies of documentation confirming SEO Certification for the subject Storage Cell; and (iii) an as -built area -capacity survey of the Storage Cell with one - foot contours representing the Storage Capacity of the Storage Cell stamped and signed by a licensed. surveyor. If the Parties are unable to proceed to a Closing on or before the applicable Delivery Date Outside, then TOF may elect to: (i) extend such Delivery Date Outside; (ii) file a claim against LGE for specific performance of the terms of this Agreement, or such other 27 02553194.9 remedies as may be otherwise provided for herein or by law; or (iii) following not less than 15 days' notice thereof given by TOF to LGE, require LGE to convey to TOF the LGE Water Rights in exchange for the payment by TOF to LGE of the LGE Water Rights Purchase Price at a Closing therefor scheduled by TOF to occur no less than 15 days and no more than 30 days after LGE's receipt of such notice, and under such circumstances, at such Closing, the Parties will agree to otherwise extend the Delivery Date Outside to a date (no later than one calendar year thereafter) mutually agreed to by the Parties (or if the Parties cannot mutually agree to a date for such extension, then the Delivery Date Outside will automatically be extended for a period of nine months after the date of such Closing) with LGE being required to provide a Status Notice (as such term is defined in Paragraph 8.2(b) below) to TOF on the date of such Closing and, thereafter, on or before the first day of each calendar month subsequent to such Closing until a Completion Notice has been issued by LGE with respect to the Storage Cell. 8.2 Delivery Schedule and LGE Reporting Requirements. (a) Delivery Schedule. LGE shall complete the Storage Cell and the Section 112(c) Permit Reclamation Obligations with respect to the Carbon Valley Parcel and deliver a Completion Notice with respect to the same, in sufficient time so that the Parties can Close on the Carbon Valley Parcel on or before the Delivery Date Outside, but in no event shall such notice be delivered after the date which is 30 days before the Delivery Date Outside. Notwithstanding anything to the contrary herein, TOF shall not be required to close before the Delivery Date Earliest; provided, however, that TOF may Close on such earlier date in TOF's sole discretion. If any Force Majeure event occurs which directly delays LGE's ability to deliver a Completion Notice and effect a Closing for the Carbon Valley Parcel, then to the extent that LGE has delivered timely notice of such Force Majeure event and complied with all other provisions of Paragraph 11.28, LGE may extend the Delivery Date Outside for such Storage Cell by one day for each day that LGE's performance was actually delayed by such Force Majeure event. (b) Reporting Requirements of LGE Regarding Completion of Storage Cells. On or before October 1, 2017, LGE shall provide TOF with written notice of the status of completion of the Storage Cell, such notice to include LGE's commercially reasonable estimate of both the progress to date of completion of the subject Storage Cell and the then -estimated delivery date for the Storage Cell ("Status Notice"). If a Completion Notice has not been issued by LGE on or before December 31, 2017, then on or before such date, LGE will provide TOF with another Status Notice updating LGE's progress towards completion of the Storage Cell. Thereafter, on or before the first day of each and every calendar month, commencing February 1, 2018, LGE will provide TOF with an additional Status Notice and such requirement shall continue until a Completion Notice has been issued by LGE with respect to the Storage Cell. Failure to issue any required Status Notice hereunder by LGE will not constitute a default by LGE under this Agreement unless, subsequent to such failure, TOF has notified LGE in writing that TOF has failed to timely receive any required Status Notice and LGE fails to issue the required Status Notice within 10 days after LGE's receipt of TOF's notice to LGE of such failure. 8.3 Permits and Reclamation Plan. LGE has obtained and disclosed to TOF, prior to the date of this Agreement, those Permits identified in Paragraph 1.1(11), and TOF has 28 02553194.9 reviewed and accepted these Permits prior to such date. However, the Parties agree that such review and acceptance by TOF is for the convenience of the Parties, LGE shall not rely thereon and any reliance by LGE upon such acceptance by TOF shall not create or give rise to any liability of or claim by LGE against TOF. LGE shall not obtain any additional Permits not identified in or otherwise contemplated by the terms of this Agreement nor further amend (specifically excluding technical revisions thereof) any Permit of the type identified in Paragraph 1.1(11) without TOF's written consent and approval, which consent and approval shall not be unreasonably withheld provided that such amendment, modification or new Permit is consistent with the transactions contemplated under this Agreement. TOF acknowledges and agrees that any other permit(s) necessary for TOF's use of the Storage Cell as a water storage facility is the sole obligation of TOF. To the extent LGE's consent or approval is required in connection with TOF's efforts to obtain land use authorizations pertaining to the Storage Cell or the Carbon Valley Parcel as a whole that will become effective after conveyance thereof to TOF, LGE further agrees to cooperate with TOF by providing such consents and approvals which do not interfere with LGE's mining and reclamation activities thereon as contemplated by this Agreement and the Permits. 8.4 Mining and Reclamation of the Real Property. LGE recognizes and agrees that LGE will be responsible for mining and reclaiming the Carbon Valley Parcel in accordance with all of the Reclamation Obligations. Pursuant to the Temporary Access and Reclamation Easement, LGE shall continue to have access to the Carbon Valley Parcel subsequent to the Closing applicable thereto as may be reasonably necessary for the purpose of satisfying any Reclamation Obligations which remain after the Carbon Valley Closing. Subsequent to the Carbon Valley Closing, LGE will complete the remainder of LGE's Reclamation Obligations with respect to the Carbon Valley Parcel in accordance with the terms of this Paragraph 8.4. (a) TOF Acceptance of Completion -of Reclamation Obligations by LGE. Subsequent to LGE's issuance of a Completion Notice, LGE intends to seek a return or a full release of LGE's DRMS bond without being required to achieve Final Growth on the Carbon Valley Parcel, and a corresponding release of the Section 112(c) Permit by the DRMS (collectively, the "DRMS Release"). In order to request the DRMS Release, LGE will require TOF to execute and deliver to LGE an "Acceptance of Reclamation" in form and substance similar to that attached hereto as Exhibit N, whereby TOF will acknowledge that TOF is willing to accept the Carbon Valley Parcel in its "as -is" condition at the Carbon Valley Closing (i.e., without having Final Growth achieved). In consideration for TOF's execution and delivery of the Acceptance of Reclamation, LGE has agreed to reduce the Storage Purchase Price as set forth in Paragraph 8.4(b). LGE and TOF hereby agree and acknowledge that, in and of itself, TOF's execution and delivery of the Acceptance of Reclamation will in no way obligate TOF to Close on the Carbon Valley Parcel, such obligation being solely determined by the other provisions of this Agreement. (b) Reduction of Storage Purchase Price/Acceptance of Reclamation. Upon receipt by LGE of the conformed Acceptance of Reclamation from TOF, LGE hereby agrees to reduce the Storage Purchase Price by an amount of $11,250.00, which has been calculated to equal $500 per acre for each acre of Revegetated Acreage contained within the Carbon Valley Parcel. The purpose of such reduction being LGE's estimated cost for TOF to achieve Final Growth on all of the Revegetated Acreage over time. 29 02553194,9 (c) TOF as Successor Operator. If, prior to the Carbon Valley Closing, LGE is unable to obtain the DRMS Release, then TOF agrees to execute an agreement at the Carbon Valley Closing in the form attached hereto as Exhibit L, whereby TOF, as the "Successor Operator" thereunder, assumes all remaining liability and obligations under the Section 112(c) Permit for achieving Final Growth on the Carbon Valley Parcel, as provided for by C.R.S. § 34- 32.5-119, with LGE retaining any other then -remaining Reclamation Obligations under any other Permits concerning the Carbon Valley Parcel subsequent to the Carbon Valley Closing. 9. SELLER REPRESENTATIONS, WARRANTIES AND COVENANTS 9.1 General Representations and Warranties. Each Seller makes the following representations and warrants and covenants as of the date of this Agreement and as of the date of each Closing with respect to any property or property rights to be conveyed at such Closing, which representations and warranties shall survive such Closing for a period of one year, unless a different period of time is stated below. (a) Further Encumbrances. From the date of this Agreement until each Closing or the earlier termination of this Agreement, and except for the Permitted Exceptions and any applicable Down Payment Deed of Trust required to be provided hereunder by LGE, Seller agrees that it will not encumber any property or any other interests being conveyed to Purchaser by the terms of this Agreement in any way, nor grant any property or contract right relating to such property or other such interests, nor alter the zoning of approved land uses on such property without the prior written consent of Purchaser. (b) Compliance with Government _ Regulations. Except as previously disclosed in writing to Purchaser, Seller has not received any uncured notices, demands or deficiency comments from any state, municipal or county government or any agency thereof with regard to the property or any other interests therein being conveyed to Purchaser, including without limitation, any notices of any violations of any ordinances. Seller has received no written notice of or impending expropriation or condemnation of such property or other interests. During the term of this Agreement, Seller shall promptly forward copies of any such notices, demands or deficiency comments to the Purchaser pursuant to Paragraph 11.24. (c) Condition of Property. To Seller's knowledge, and except as otherwise provided for in this Paragraph 9.1(c), there are no material defects or conditions affecting the use, development or value of the property being conveyed to Purchaser as regards its use for mining and/or storage of water. Seller warrants that such property has not been used by Seller and to the best of Seller's knowledge has not been used in the past, as a waste disposal or landfill facility, and that no underground storage tanks are or have been present. Seller further warrants that, to the best of Seller's knowledge, such property is free of Hazardous Substances; provided, however, that LGE hereby acknowledges that TOF has advised LGE that the TOF Exchange Parcels contain railroad facilities, tracks and equipment, owned and operated by the railroad, and for which TOF takes no responsibility and makes no representations or warranties. Seller further warrants that during Seller's ownership of such property, and to the best of Seller's knowledge prior to Seller's ownership, no petroleum products, including motor vehicle fuels and equipment maintenance fluids have been spilled or released on such property or that if such spills or releases have occurred, they have been fully reported to the appropriate regulatory agencies and 30 02553194.9 necessary cleanup or remedial actions have been completed. Purchaser and Seller hereby acknowledge and agree that certain portions of such property may have contained in the past, waste disposal or landfill facilities, as well as underground septic tanks and leach fields common to rural farms in Weld County, Colorado. Seller hereby agrees to remove any and all such items encountered and dispose of such items within any Parcel in a lawful manner on or before delivery of possession of such Parcel(s) to Purchaser. (d) Litigation. Seller represents and warrants that there is no dispute, action or litigation, pending or threatened, respecting the ownership or use of any property, or which would prevent Seller from performing Seller's obligations under this Agreement. (e) Contracts, Leases and Agreements. Except as disclosed in writing to Purchaser as part of the Materials, there are no contracts, leases, licenses, commitments, or undertakings affecting the property or any part thereof, nor any other right, title or interest in or to such property granted to any other individual or entity which will obligate Purchaser subsequent to the applicable Closing. Unless accepted by Purchaser in writing, as of any Closing, Seller will not enter into any contracts, leases, licenses, commitments, or undertakings respecting the use or maintenance of such property or performance of services on such property which would survive any Closing or by which Purchaser would become obligated or liable to any third party. (f) Compliance with Law. Seller warrants that Seller has complied in all material respects with all laws, rules, regulations, ordinances, orders, judgments and decrees applicable to the property, and Seller warrants that there is no proposed order, judgment, decree, governmental taking, or other proceeding applicable to Seller which might materially adversely affect the property. (g) Utilities. Seller warrants that Seller has not received any written notice of the curtailment of any utility service supplies to the property. (h) Zoning. Seller warrants that there are no pending requests for zoning variances or changes with respect to the property or its zoning. (i) Seller Status. Seller, as of the date of this Agreement and for the duration of this Agreement: (i) is an entity duly organized, validly existing, and in good standing under the laws of the jurisdiction of its incorporation, formation or registration; (ii) has all requisite power and authority to own its assets and carry on its business as now being or as proposed to be conducted; and (iii) is qualified to do business in the State of Colorado. Seller has the corporate power and authority to execute, deliver, and perform Seller's obligations under this Agreement and the other documents which Seller is required to deliver and execute as provided for under this Agreement. 0) No Conflicts. The execution, delivery, and performance by Seller of this Agreement (and the other documents which it is required to deliver and execute as provided for under this Agreement) and compliance with the terms and provisions hereof and thereof have been duly authorized by all requisite corporate or governmental action on the part of Seller and will not: (i) violate or conflict with, or result in a breach of, or require any consent under (x) the 31 02553194.9 articles of incorporation or bylaws or other governing documents of such entity, (y) any applicable law, rule, or regulation or any order, writ, injunction, or decree of any governmental authority or arbitrator, or (z) any agreement or instrument to which such entity is a party or by which any of them or any of their property is bound or subject; or (ii) constitute a default under any such agreement or instrument. (k) Seller's Disclaimer. Seller hereby disclaims any warranty or representation as to water quality of whatsoever nature with respect to the future use of the property as a water storage facility. Seller further disclaims any warranty or representation as to Purchaser's intended future use for any purpose. (1) Materials. Seller has delivered or made available all of the Materials to Purchaser as provided for under Paragraph 5.2 of this Agreement. (m) Title to LGE Water_ Rights. LGE represents and warrants to TOF that LGE will warrant and defend title to the LGE Water Rights in the quiet and peaceable possession of TOF against all and every person or persons claiming the whole or any part thereof, by, through or under LGE for a period of one year after the Carbon Valley Closing. 9.2 Construction Warranty. In addition to the generic Seller warranties set forth in Paragraph 9.1, LGE hereby represents, warrants and covenants to TOF as follows with respect to the construction of the Storage Cell: (a) Warranty. LGE shall warrant the design, installation and construction of each of the Slurry Walls as well as the associated earthwork used to construct the final reclamation slopes within each Storage Cell (the "Construction Warranty") and any other ancillary Storage Cell facilities constructed by LGE as being in compliance all applicable Permits as follows: (i) Slurry Walls: LGE warrants that each Slurry Wall constructed pursuant to this Agreement will comply with the Lining Criteria for 24 months after the SEO Certification for that Storage Cell. (ii) Side Slopes: All side slopes will be reclaimed to a 3:1 slope. LGE warrants the earthwork associated with construction of the final reclamation slopes within each Storage Cell, and any other ancillary Storage Cell facilities constructed by the Seller (specifically including the berm referenced in Paragraph 11.1), for a period of 24 months after the Closing for the Carbon Valley Parcel. (b) Limitation of Warranty. LGE's Construction Warranty is specifically limited by and shall not cover any failure of the Lining Criteria to the extent arising from any damage to such Slurry Wall, final reclamation slopes and/or the Storage Cell to the extent occurring after the date of the Carbon Valley Closing, and caused by: (A) TOF, its contractors, subcontractors, consultants, suppliers and/or materialman (except to the extent caused by LGE); (B) an act of God; or (C) any third party not acting on behalf of LGE, its agent, contractor or other related party, including but not limited to the following events, items and/or work: 32 025531949 (i) TOF allowing or causing the perforation of the Slurry Wall by, utility companies, and/or other third parties; (ii) TOF allowing or causing grading or other work to occur (other than such work as performed by LGE, its agents or contractors) that changes the design, configuration, integrity or stability of the final reclamation slopes, Slurry Wall or Storage Cell as built and approved by the Office of the State Engineer; (iii) TOF allowing or causing the plantings of vegetation (other than grass) within thirty feet of the final reclamation slopes or the centerline of the Slurry Wall; (iv) TOF allowing or causing surcharge loads to be placed on or within thirty feet of the final reclamation slopes or the centerline of the Slurry Wall; (v) TOF allowing or causing deep foundations to be placed within 100 feet of the centerline of the Slurry Wall; (vi) TOF allowing or causing any type of operation or work that could create or results in erosion of the final reclamation slopes, Slurry Wall or Storage Cell as built and approved by the Office of the State Engineer; and (vii) TOF allowing or causing the said Storage Cell to be filled, operated, maintained or drawn down in a manner that is not consistent with the Lining Criteria. 9.3 Veracity of Representations and Warranties. No representation or warranty made by Seller in this Agreement or any schedule or exhibit attached hereto or in any certificate or other document furnished by Seller pursuant to this Agreement contains any untrue statement of material fact or omits any material fact. 10. PURCHASER REPRESENTATIONS, WARRANTIES AND COVENANTS 10.1 General Representations and Warranties. Each Purchaser makes the following representations and warrants and covenants as of the date of this Agreement and as of the date of each Closing, which representations and warranties shall survive such Closing for a period of one year, unless a different time period is stated below. (a) Purchaser Status. Purchaser, as of the date of this Agreement and for the duration of this Agreement: (i) is an entity duly organized, validly existing, and in good standing under the laws of the jurisdiction of its incorporation, formation or registration; (ii) has all requisite power and authority to own its assets and carry on its business as now being or as proposed to be conducted; and (iii) is qualified or otherwise in good standing to do business in the State of Colorado. Purchaser has the power and authority to execute, deliver, and perform its obligations under this Agreement and the other documents which Purchaser is required to deliver and execute as provided for under this Agreement. (b) No Conflicts. The execution, delivery, and performance by Purchaser of this Agreement (and the other documents which it is required to deliver and execute as provided for under this Agreement) and compliance with the terms and provisions hereof and thereof have 33 02553194.9 been duly authorized by all requisite corporate of governmental action on the part of Purchaser and will not: (i) violate or conflict with, or result in a breach of, or require any consent under (x) the articles of organization, formation documents or other governing documents of such entity, (y) any applicable law, rule, or regulation or any order, writ, injunction, or decree of any governmental authority or arbitrator, or (z) any agreement or instrument to which such entity is a party or by which any of them or any of their property is bound or subject; or (ii) constitute a default under any such agreement or instrument. (c) Litigation. Purchaser represents and warrants that there is no dispute, action or litigation, pending or threatened, which would prevent Purchaser from performing its obligations under this Agreement. 10.2 Veracity of Representations and Warranties. No representation or warranty made by Purchaser in this Agreement or any schedule or exhibit attached hereto or in any certificate or other document furnished by Purchaser pursuant to this Agreement contains any untrue statement of material fact or omits any material fact. 11. MISCELLANEOUS 11.1 Minimum Operating Freeboard. In order to maximize below grade storage volume in the Storage Cell, LGE hereby agrees to construct an approximately two foot above ground perimeter berm around approximately the northern half of the Storage Cell designed to provide TOF with approximately one foot of minimum operational freeboard for the Storage Cell. Such berm will be constructed by LGE at no additional cost to TOF and the exact location, specifications, slopes and heights of such berm (as it will be constructed by LGE) will be based upon and subject to drawings and specifications therefor provided by LGE to TOF and reasonably approved by TOF in writing prior to the construction of the berm by LGE. A conceptual draft of the location and final grades for such berm, as conceptually approved by TOF is attached hereto as Exhibit M, but is not binding upon LGE or TOF until such time as final drawings therefor are prepared and submitted by LGE to TOF and are reasonably approved by TOR TOF hereby agrees to respond to any final drawings, plans and specifications with respect to the berm within 15 days after submission thereof by LGE to TOF. Written approval thereof by TOF or a failure by TOF to timely object to such plans and specifications within the 15-day time period therefor set forth above, will constitute approval thereof by TOF. If TOF has any comments or objections to such final drawings, TOF will provide TOF's specific comments and/or objections to LGE within such 15-day period and, thereafter, LGE and TOF hereby agree to work together in good faith to resolve same within 10 days after TOF provides TOF's written comments and objections with respect thereto to LGE. If mutual agreement concerning the final drawings cannot be reached within such 10-day period, resolution thereof will be rendered by an independent engineer mutually agreed to by both LGE and TOF, or in the event the Parties cannot mutually agree on such engineer, then by an independent engineer selected by two engineers (one each appointed respectively by TOF and LGE) for the express purpose of selecting the independent engineer, within 10 days thereafter. Each Party will pay the cost of its own engineer selected in connection with this process and both Parties will split equally the cost of any independent engineer required hereunder. 34 02553194.9 11.2 Additional Infrastructure. TOF, at TOF's sole cost and expense, will be required to design and construct any infrastructure which may be required by TOF to transfer water into and/or out of the subject Storage Cell. LGE will not be responsible for providing any such services to TOF pursuant to the terms and conditions of this Agreement and the Fixed Price will not include any cost to be incurred by TOF in connection therewith. Notwithstanding the foregoing, since LGE has worked with its own engineers to design and construct certain inlet and outlet structures for LGE's own use at other reservoirs owned and operated by LGE, LGE is willing to consider assisting TOF with such matters under the terms of a separate agreement therefor between the Parties. 11.3 Access, Information and Inspection. Seller agrees to provide Purchaser any access desired to inspect any of the interests to be conveyed or otherwise transferred to Purchaser by the terms of this Agreement prior to each Closing. Purchaser hereby agrees that Purchaser shall be responsible for, pay for and indemnify Seller against any damages that Purchaser causes as a result of any inspections or activity Purchaser conducts on any Parcel, and Purchaser hereby further agrees to comply with any applicable governmental requirements with respect to any entry by Purchaser onto any Parcel. Notwithstanding the foregoing, (i) this indemnity shall not apply to the extent any liability arises in connection with the negligence or willful misconduct of Seller, and (ii) Purchaser shall not have any liability or indemnification obligation to Seller, or to any other person or entity, by reason of having discovered any adverse condition with respect to any Parcel, unless such condition was caused by Purchaser. 11.4 Intentionally omitted. 11.5 Casualty Damage. If, before any Closing, any portion of the applicable Parcel or Storage Cell is substantially damaged by fire, flood or other casualty, Seller shall be required to repair such damage to the reasonable satisfaction of Purchaser, in which event Purchaser shall continue this Agreement. 11.6 Amendment. This Agreement may be modified, amended, changed or terminated in whole or in any part only by an agreement in writing duly authorized and executed by both Parties with the same formality as this Agreement. 11.7 Waiver. The waiver of any breach of any provision of this Agreement by any Party shall not constitute a continuing waiver with respect to any subsequent breach of said Party, or for any other breach of the same or any other provision of this Agreement. 11.8 Entire Agreement. This Agreement represents the entire agreement of the Parties with respect to all matters set forth herein and neither Party has relied upon any fact or representation not expressly set forth herein. This Agreement supersedes all other prior agreements and understandings of any type, both written and oral, among the Parties with respect to the subject matter hereof. All exhibits attached hereto are hereby incorporated herein. 11.9 Headings for Convenience Only. Paragraph headings and titles contained herein are intended for convenience and reference only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement. 35 025531949 11.10 Non-Severability and Effect of Invalidity. Each section of this Agreement is intertwined with the others and is not severable unless by mutual consent of the Parties. If any provision of this Agreement or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, and the basis of the bargain between the Parties is not destroyed or rendered ineffective thereby, the remainder of this Agreement, or the application of such provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby. 11.11 Assignability. Seller may not assign its rights or delegate its duties hereunder without the prior written consent of Purchaser. Purchaser may not assign its rights or delegate its duties hereunder without the prior written consent of Seller to be granted or withheld in Seller's sole discretion, but such assignment shall not relieve Purchaser of any liability hereunder unless so specified in a writing signed by Seller. 11.12 Binding Effect. This Agreement and the rights and obligations created hereby shall be binding upon and shall inure to the benefit of the Parties hereto and their permitted respective successors and assigns, if any. 11.13 Governing Law and Venue. This Agreement and its application shall be construed in accordance with the laws of the State of Colorado. The Parties agree that venue for any litigated disputes regarding this Agreement shall be the District Court in and for Weld County Colorado, unless any such issues are water matters as defined by C.R.S. § 37-92-203, for which the Parties agree the venue for any litigated disputes shall be the District Court, Water Division 1. However, Purchaser and Seller may avail themselves of the procedures provided in C.R.S. § 13-3-111. 11.14 Multiple Originals. This Agreement may be simultaneously executed in any number of counterparts, each of which shall be deemed original but all of which constitute one and the same Agreement. 11.15 Survival of Representations. Each and every covenant, promise or payment contained in this Agreement shall not merge in any deed or other instrument conveying any interest herein described but shall survive each deed and transfer and be binding upon each of the Parties hereto, and unless otherwise specifically limited by other provisions of this Agreement, each and every representation and warranty contained in this Agreement shall be binding and obligatory upon each of the Parties hereto for a period of one year after each Closing, unless a different period of time is stated above. 11.16 Exchange. Seller or Purchaser may elect to have the closing of any property effected through a tax -deferred exchange in compliance with the Internal Revenue Code § 1031 and/or § 1033 and the regulations promulgated thereunder. In the event of such election each Party hereby agrees to cooperate with the other Party. Such agreement to provide reasonable cooperation in effecting any such tax -deferred exchange shall be on the condition that the exchange transaction shall not create any liability on, or exposure to liability by the Party who is not conducting the exchange, which would not be created but for the proposed exchange, shall be without any additional expense to the Party who is not conducting the exchange, and shall not require or result in any extension or delay of any Closing Date. W 02553194.9 11.17 Attorney's Fees or Costs. In the event of any litigation, mediation, arbitration or other dispute resolution process arising out of this Agreement, the Parties agree that the prevailing Party in such action shall be awarded from the non -prevailing Party, the prevailing Party's reasonable attorney's fees and costs incurred in any such proceedings. 11.18 Fees and Expenses and Apportionment. Except as otherwise expressly set forth in this Agreement, each of the Parties will bear its own expenses in connection with the transactions contemplated by this Agreement. 11.19 Joint Draft. The Parties agree they drafted this Agreement jointly with each having the advice of legal counsel and an equal opportunity to contribute to its content. 11.20 Intent of Agreement. This Agreement is intended to describe the rights and responsibilities of and between the Parties and is not intended to, and shall not be deemed to, confer rights upon any persons or entities not signatories hereto, nor to limit, impair, or enlarge in any way the powers, regulatory authority and responsibilities of either Party or any other governmental entity not a party hereto. 11.21 Remedies. If prior to the Initial Closing, Purchaser fails to perform any of its material obligations under this Agreement, for any reason other than default by Seller or the termination of this Agreement as provided herein, Seller may, following not less than 15 days' notice and right to cure to Purchaser, terminate this Agreement, as its exclusive remedy, hereby waiving all other remedies. If prior to the Initial Closing, Seller fails to perform any of its material obligations under this Agreement, for any reason other than default by Purchaser or the termination of this Agreement as provided herein, Purchaser may, following not less than 15 days' notice and right to cure to Seller: (a) enforce specific performance of this Agreement against Seller; or (b) terminate this Agreement. If after the Initial Closing, Purchaser fails to perform any of its material obligations under this Agreement for any reason other than default by Seller or the termination of this Agreement as provided herein, Seller may, following not less than 15 days' notice and right to cure to Purchaser, seek specific performance of this Agreement. If after the Initial Closing, Seller fails to perform any of its material obligations under this Agreement for any reason other than default by Purchaser or the termination of this Agreement as provided herein, Purchaser may, following not less than 15 days' notice and right to cure to Seller, enforce specific performance of this Agreement against Seller. These remedies are in addition to any other rights or remedies provided at law or in equity, in the event of litigation, mediation, arbitration or other dispute resolution process concerning this Agreement. However, notwithstanding the foregoing, the Parties hereby acknowledge and agree that the multiple Closings and obligations of the Parties set forth in this Agreement are all integral parts of one single transaction and that, without full and complete performance of this entire Agreement by both Parties, neither Party would have entered into this Agreement under the specific terms and conditions set forth herein. As such, the Parties hereby agree that the remedies set forth above cannot and shall not be used to deprive either Party of the entire benefit of the bargain negotiated by the Parties and evidenced by this Agreement, and that, once the Initial Closing has occurred, both Parties waive the right to request a termination of this Agreement as a remedy absent an intentional and continuing default in bad faith hereunder by the other Party. Upon any termination of this Agreement by LGE, other than for the reason that TOF has failed to perform any of its material obligations under this Agreement, LGE shall be required to return any then 37 02553194.9 --- unused portion of the Carbon Valley down payment to TOF. Likewise, such unused portion of the down payment shall be returned by LGE to TOF if TOF terminates this Agreement as a result of LGE's failure to perform any of its material obligations hereunder (unless, as a remedy for such breach by LGE hereunder, TOF is seeking specific performance by LGE of the terms and provisions hereof). Upon the return of such down payment to TOF by LGE, TOF shall promptly release the Down Payment Deed of Trust in the real property records of Weld County, Colorado and return the original Down Payment Promissory Note to LGE marked "paid" or "cancelled." Upon any termination of this Agreement resulting from the default of TOF of its material obligations under the terms and conditions hereof, LGE shall be entitled to retain any portion of the Carbon Valley down payment then in possession of LGE and TOF shall promptly release the Down Payment Deed of Trust in the real property records of Weld County, Colorado and return the original Down Payment Promissory Note to LGE marked "paid" or "cancelled." The terms of this Paragraph 11.21 are in addition to any other remedies or rights of the Parties as set forth elsewhere in this Agreement. 11.22 Condemnation. If prior to any Closing, any of the property or property interests which are the subject of this Agreement are acquired by a party having the power of eminent domain, or any individual or entity with the power of eminent domain initiates or gives notice that it intends to initiate condemnation proceedings with respect to any interest in such property or property interests, or any portion thereof, Seller shall notify Purchaser thereof in writing within five days and provide Purchaser copies of all correspondence, pleadings and other documents regarding the proposed condemnation. If and only if such condemnation would prevent Purchaser from reasonably using the affected property or property interests for the purposes described therefor in this Agreement (as determined in Purchaser's reasonable discretion after consultation with Seller), then Purchaser may elect to either terminate this Agreement as to the affected Parcel, at Purchaser's option, or proceed with the Closing(s), subject to the other provisions of this Agreement by delivering written notice thereof to Seller within five days after Purchaser's receipt of Seller's notice. If Purchaser elects to proceed with the Closing, then Purchaser shall be entitled to any award or settlement of compensation paid to the extent the same may be necessary or appropriate, and Seller shall assign to Purchaser at Closing Seller's rights to such portion of such awards as may be applicable. If, however, despite such condemnation, Purchaser is able to reasonably use the affected property or property interests for the intended purposes, then Purchaser shall be required to proceed with the Closing. 11.23 No Limitation on Ability to Raise Funds. Nothing in this Agreement is intended to limit Purchaser's ability to raise necessary funds to pay all or any portion of any purchase price through any form of borrowing that may be available to it. 11.24 Notices. All notices, requests, demands, or other communications (collectively, "Notices") hereunder shall be in writing and given by: (i) hand delivery; or (ii) certified or registered mail, postage prepaid, return receipt requested; or (iii) nationally -recognized overnight delivery service, to the Parties at the following address, or at such other address as the parties may designate by Notice in the above manner. 38 02553194.9 If to Purchaser: Town of Firestone P.O. Box 100 151 Grant Avenue Firestone, Colorado 80520 Attn: Town Manager with copy to: Bradley C. Grasmick, Esq. Lawrence Jones Custer Grasmick, LLP 5245 Ronald Reagan Blvd., Suite I Johnstown, Colorado 80534 If to Seller: L.G. Everist, Incorporated Mountain Division Office 7321 East 88th Avenue, Suite 200 Henderson, Colorado 80640 Attn: James A. Sittner, Assistant Secretary with copy to: Randall G. Alt, Esq. Moye White LLP 1400 16th Street, 6th Floor Denver, Colorado 80202 Notices shall be effective: (i) upon receipt by the addressee of a hand delivery; or (ii) three days following the date of mailing via certified or registered mail, postage prepaid, return receipt requested; or (iii) one day after sending by nationally -recognized overnight delivery service. 11.25 Third Party Rights. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies whatsoever upon any person, other than Seller and Purchaser and their respective successors, assigns and transferees as may be allowed hereunder. 11.26 Brokerage. Seller and Purchaser hereby warrant to each other that no real estate agent or other broker or finder is involved in this transaction on behalf of Seller. Each Party hereby agrees to indemnify the other Party and hold the other Party harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorney's fees and costs) paid or incurred by the other Party by reason of any claim to any broker's finder's or other fee in connection with the transaction by any third party, successors or assigns claiming by, through or under the Party by, through or under whom the claim is being made. 11.27 Non -business Days. If the date for any action under this Agreement falls on a Saturday, Sunday or a day that is a Colorado state holiday ("Holiday"), then the relevant date shall be extended automatically until the next day that is not a Saturday, Sunday or Holiday. 11.28 Force Majeure. Subject to the terms and conditions in this Paragraph 11.28, no Party to this Agreement shall be liable for any delay or failure to perform under this Agreement due solely to conditions or events of Force Majeure, as that term is specifically defined with regard to each Party below; provided that: (i) the non performing Party gives the other Party written notice describing the particular of the occurrence of the Force Majeure within 30 days of 39 02553194.9 such occurrence; (ii) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure event or condition; and (iii) the non -performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing the actions taken to remedy the consequences of the Force Majeure event or condition. As used herein, the term "Force Maieure" shall mean the following causes beyond the reasonable control of the Party: acts of God, strikes or work stoppages directly affecting the Party, unavailability of or delay in receiving labor or materials, material adverse weather conditions, fire or other casualty affecting the Property, or stop -work action of governmental authorities. In addition, and solely for the benefit of TOF, LGE hereby agrees that, for the purposes of this Agreement only, the term "Force Majeure" as it applies to TOF will specifically include: (a) any rule, statute or law applicable to TOF which would operate to require this Agreement to be approved by a referendum of the voters of TOF, which referendum requirement legally arises and becomes obligatory on TOF no later than 45 days after execution of this Agreement; and (b) any litigation filed by a party with standing prior to the date of the Carbon Valley Closing which challenges the right or authority of TOF to legally enter into this Agreement and/or close the transactions evidenced hereby (collectively, the "Legal Process Force Maieure Events"). Upon the occurrence either (or, as applicable, each) Legal Process Force Majeure .Event, the requirements set forth in subparagraphs (i)-(iii) above in this Paragraph 11.28 will apply, except that the maximum suspension of performance to be granted by LGE to TOF for any (each) such Legal Process Force Majeure Event cannot and will not exceed, under any circumstances, a period of six months from the date of the occurrence of such Legal Process Force Majeure Event. 11.29 Memorandum of Agreement. At the Initial Closing and upon the request of Purchaser, Seller agrees to execute a Memorandum of Agreement (as prepared by Purchaser and as acceptable to Seller in Seller's reasonable discretion) reflecting the existence of this Agreement to sell and convey the applicable portion of the property or property interests which are the subject of this Agreement to Purchaser and Purchaser's right to acquire the applicable portion thereof, with the intent that such Memorandum of Agreement will be recorded by Purchaser in the real property records of Weld County, Colorado. 11.30 Further Assurances. Each Party agrees to execute, approve and adopt any and all instruments, documents and resolutions as may be reasonably necessary to effectuate the covenants, terms, conditions and provisions contained in this Agreement. Such instruments, documents and resolutions shall be in a form and substance reasonably acceptable to the other Party. [Remainder of page intentionally left blank.] 40 02553194.9 IN %v1TNESS 'WHEREOF, the Parties have duly executed this Agreement as of the date first above written. It tDis Town of Firestone, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise' under C.R.S. 37-4.1-101 9 see. By: Name: Title: Date: LGE: L.G. Everist, Incorporated, an lows corporation James �ASitt,,r Assistant Secretary Date: 4:2G>w4 g. = 07, ZQL 41 02553194.9 LIST OF EXHIBITS EXHIBIT A Legal Descriptions of Real Property EXHIBIT A-1 Legal Description and Depiction of TOF Exchange Parcels EXHIBIT A-2 Legal Description and Depiction of Carbon Valley Parcel EXHIBIT A-3 Legal Description and Depiction of LGE Exchange Parcel EXHIBIT B Depictions of Water Storage Cell/Carbon Valley Parcel EXHIBIT C Form of Access and Improvements Easement Agreement EXHIBIT D Form of Temporary Access and Reclamation Easement Agreement EXHIBIT E Delivery Schedule EXHIBIT F Form of Assignment and Assumption Agreement (Rural Ditch Company Agreement) EXHIBIT G Form of Special Warranty Deed EXHIBIT H Form of Assignment and Assumption Agreement (Colorado Water Court Case Rights) EXHIBIT I Form of Unused Carriage Capacity Agreement (Last Chance Ditch) EXHIBIT J Form of Down Payment Deed of Trust EXHIBIT K Form of Down Payment Promissory Note EXHIBIT L Assignment and Assumption Agreement (Rights Under Section 112(c) Permit) EXHIBIT M Conceptual Draft of Operational Freeboard Berm EXHIBIT N Form of Acceptance of Reclamation EXHIBIT O Form of License Agreement (Valley License) EXHIBIT P Form of Temporary Access Mining and Reclamation Easement (Working Permit Easement) EXHIBIT Q Depiction of the Portion of LGE's Brooks Farm Property Which Will Be Subject to the Valley/Brooks Farm Option 02553194.9 EXHIBIT A Legal Descriptions/Depictions of Real Property [Exhibits A-1, A-2 and A-3 follow] EXHIBIT A 02725744.2 EXHIBIT A-1 Legal Description/Depictions of TOF Parcels [See following pages] EXHIBIT A-1 02725744.2 EXHIBIT A-1-I (I of 1) rBMRTV_D 5CRIPTION A strip of lattd,Two Hundred (2t)0) feet in width, bring pan of the Southwest Quarter ofthe Southeast Quarter (SWI 14 Srl f4) of Section Twarny-nine (29) and pun of the Northwest QWtUr of Ile Nonfle-4st Quarter ( VU4 NE114) of Section Thirly-two (32), both iuTowitship Thme A'wh (T.3N.), Range Sixty- sevLn West (R_67W.) ofthe Sixth Principal Meridian (bah P.M.), Cnunly of Weld, Starts ofColarada, and being more portictlar[y described as follows! COMMENCING at the Canter -North Sixteenth (C-14II16) aoracTof said Section 32 and a-muming the Weal line of the Nnrth+vest ()carter of the Nortlocau Quarter (NW1,14 NE114) ofsaid Sanioo 32. bcittg monumcnlalkecd by a 86 rtar with a 3 f "diameter aluminum cap stamped "I,.$34995- 2006" W the South end and by a N6 rchar with a 21i1" dismocraluniin.trn cap stamped "1S 23500, 2002" at I he North ctid, as bearing Nualt 00°57'40" West. being a Grid Ek�arirtg of the Colorado State Platte Coordinate Sydtcm. North 7-oft, North American Datum 1983, a distance of 1326.34 feet, with all ol1wr bearings contained herein rdativc thereto: THENCE North 00°<7'40" West along the Hest line of the Non1swest Quarter of the [Northeast Quarter (NCB' I A NEIA) of said Section 32 a dinUnce of 70-80 feel la the Southeast Elm of that Two Mindred (M) foot wide strip of land describer! as Parcel No. 17 in That Quit Clairn Decd recorded March 19, 1997 as Reception No.253302 Mille records of ilic Weld Ce+mty Clerk and Recottltsr and alsodescri),ed in that Warranty Mud recorded Apti 120, 1909 in BoAA 300 at Page 469 of the records of thts Weld County Clerk. and Recorder, Said point being the POINT OF BEGINNING: 71117 L comiauiug North 00"57'40" Wcst along the West line of the Nonljwest Qanrtcr of the Nortbcast Quarter (MV 114 MIA? A? of said Sect ion 32 a distance of 392 26 reef to the Northwest line of said Two Hundred (20D) foot aide strip of land, TI IItNCE North 29�41'37- East elonit the Northwest fine of said Two I11un. 4 ed (200) four aide strip of latbd a distance cif 2504.64 fret to the North line of she Southwest Qu..vcr of the Southeast Quarter (SW 114 SEIM ofsaid Sectivat 29i THENCE Stwth 8T5215" Fast along the North line o€the Southwest Quarter of the Southeast Quarter (SW V4 SEIM) of said Secion 29 a diaruce of 73.38 feet to the Southeast $ixtcenth (SEI t16) varner of said Section 29; THLNCE South 0g920'59" Cast aloall the East line of the Soinhwest Quarter of the Southeast Quarter (SWI14 SFV4) of said Scetiort 29 a distance of 2-0.,01 feet to the Southeast line of said TWO HundrLA (2M) friar wide strip of logo; THENCE South 29941 `3r west along the Southeast line of said Two Hundred (200) foot wide strip of land a di,taacc of2642.83 feet to the POMT OF BECIVNING. Said dracrilred strip of land cotnains 12.o46 serm metre or less (:L), and may be subject to any rights -of way ar othcT easements of tecodd or as now existin r on said dMaribcd strip of land. SURVE ORS STATE 1, Michael Chad Oilkn, a C,jlurado Licensed Professional Land Sumgor do hereby staic that this Property Mscription was prepared crater my paym al supmision and checking and that it is true and correct to the best of trty knowledge, and belief. PRELIMINARY Michael atad Dilka - oil helolfoMing Sun�ynrs Colorado Licensed Prefessional Land SurvcyYrr M38106 KING SURVEVOR$ 650 East Garden Drive Windsor. Colnrada 80550 (970)686-5011 IN: 20160655 P:t2016DMMrrondest-rt2D16ab53FXII A -I.&,, IWI?ZDIh I1:dt AM EXHIBIT A-1-1 02725744.2 n�l�tcTlorl EXHIBIT A-1 -2 1 r" � NG14 See: 212 "7.74i;, R:67%w: III coo' 300, 0 r40' Ck3.iTI;F!_�psT�1 sEc =t r, , RE -A' SEE 2St, ��., fl�Tk' -Q' tCUWT-r 130AD R1C.MG=01-WA-T {Y} 66, O.k-= :q7z f;cd?rH Ji►sAMP C15iRWm '01T1R�+H i4p;T11—H QRrH •S'7YtV—F TM IDRUE.l� st;F it Im. @S47Rkl r+ �� &X"K 4a. PACE 13 MIXWENTH CORNER f S=EAiTEFi— N4Rii L SEC n. TM, ftd'tw PONI car MU.6F1'NCAMEW NIR-F .s T G4ICTEEHho C4rR$IV EA' i l tR "irm crwmm E:O 2S, 13n, it�.7}w al I�IE MCc5 2MRA k'JH. R*7W ill :�U T}�rt51 SaIXIC04114 rpRNER I �•ti� llj il:'AST' SiK1LEn`ir� 1-E�ItYv�R S oil ti�• �j � rSEC 32, 13m, RG7W --�,,.,,� �WT[A•-hflra�l•L-�'S�LhST I •. -60' I�IL'Hf... RF'm: Si'J, 4' 1 SEC 32. T3m, Ito7w k 09N ' RAC ZM ,II 1' 1 MIRTH FaYTIfutm MRINER' � 1' rsi f3 irA9C 55Ca JIMN, Tan, kg7w �><q H TH CYVwTti�t�—{' r SEC 32; ram, fgi*7w it i t �►�T��E asr � d�I: S xfl los mi GOR NER e t UNI 7ABLE 111 l{E BF.ARimo L E.:N4iTm 1.4 s x)'7C1'S'O�e 373.0�° Y3tY: RV* CENIER OUdnTM ioAmut F.A-1 *UAA1E�k [11Y R a'LG TS\t, pe'rar MO ]2, 'UH, m.-97W Ir,l r PRELIMINARY �NOM ?him c-hlti:t .yfgKPrjq 19 FSflli Vr[vWsd to tie Q r§Y lu .am-kcllsod hrnd 4ur'•sY. tt:'a mcY'c fwpow IS as a Wctti ql Chmd IDUIM — drrl I Iri.tlY �n! itin q'tlS7t G fc°�e �l�£13 Lltvr■ En tllrp IR Rl�e AfSa dlu3dkwn at� line p tkRR Jk1 Cl1 rnit3Fapagl� daeepGpki O± R?r'seh IS elrewn{LYt70_ 1Yr� Caineadg L:oerwssl Phn(cmwoncf LBro *fur >jiat 031)IOZ "I'tW n VNIWty lde5r Ptilf0 ''t3VC r3L%deS the &Aiibii dmu rmj, 63UL'9sE[iinlf�l k lrjs-�+ I 1'1i'fx'SL1�[ir, Ce�r,r�r3n Nk?a'v(I 1�,4T�': 1P1. f 1,j�4.14 � hr:aii 3i[rtttilti,.�I11.L kai, rk7te Ls sF.^-I CUENTL LC I.VeRI,T ORAWNk- MC© CHE.CIKICpeMoD EXHIBIT A-] -2 02725744.2 EXHIBIT A-2 Legal Description/Depictions of Carbon Valley Parcel [See following pages] EXHIBIT A-2 02725744.2 EXHIBIT A-2 Legal Description and Depiction of Carbon Valley Parcel That parcel of land being Lot B, Recorded Exemption No.1311-6-2 RECX13-0023 recorded June 19, 2013 as Reception No. 3941557 of the records of the Weld County Clerk and Recorder, located in the Northwest Quarter (NNVI/4) of Section Six (6), Township Two North (T.21s1.), Range Sixty- seven 'Nest (R.67W.) of the Sixth Principal Meridian (61' P.M), County of Weld, State of Colorado. Said parcel of land contains 60.986 acres, more or less (f), and may be subject to any rights-ofAvay or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT 1, Michael Chad Dilka, a Colorado Licensed Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking and that it is true and correct to the best of my knowledge and belief. Michael Chad Dilka - on behalf of King Surveyors Colorado Licensed Professional Land Surveyor #38106 )aNG SURVEYORS 650 East Garden Drive Windsor, Colorado 90550 (970)686-5011 JN: 2012695 EXHIBIT A-2-1 02725744.2 wr M KLCMT CNIM VNAV Foam a�a¢j ` l.ic�`i�BIT A-1 � Of 3) rnt SEC. G. Tali. rt�r. "c; i a� aenr W&J)GY UNTYROA025 MOM WAR" CORSTO -----9lb 35'1dE 1f67AE— —._ _ SiCFIW & F.71A„ A,67y1 CARBON VALLLYPARCEL lIIld uc AC�r:iURCPLXlIIT.SYr; ISIf-F7lLC:1SCOS xx »� 601% AC M �NSSFt pUaJF7TA QG3aL1! SECTION C T2M LG7*, sno' inn' a 300 x 06 "P �.�3m. no-i[ 7hi, er1Wi me.aa 4 a.i it—kd t. w C p..�q n6vl� kA 10 end n Vs kwd{num of a lil@ia1�, — CN 1 operq iin�}d1 wFt[v� OrdPWy Ms"t"L P. Wm do Lkumd hcfwae.e Land Sww,v CIO; E ..film VapertY do—Wbn a -Us e oNa"we 'lamn,_>f:ss-vr7f I �.>r. �.' e. raitui PROACT o2ai269S \G SURVEYORS CZ8/2oF4 j U c m5,) CUKW.-iEVOIST OWMIZO12595CM«i , .► Ra .K.. CUM L uca CHrCxcn: Faso D%dubit A-2-2 02725744.2 EXHIBIT A-2-2 www w"n Poom jEXMRlT A-1 (3 of 3)l NrA scc. a r�i a�rrr. tlNE TABLE LINE W-ARWG LDIM L1 st4S1.1YW t3094' t2 StOWCa'M 7Ss.Cd 6 57675'4'w- Ue.x i4 S37t3312'r :136 to %41-W21-d 4a.77 to stb'Jw14"w 2Q.ti1' 1 r M,3rta-r 104 V Irl 537w4UYe 54,44' w 335-, '21-W 90.54' lID Sa8.46'27'w t4.Se6' Ul S57'35Y19'1P 116.41' r_tz 370- O-Yt astir Lis N5Tw-*-w cc.ls tt4 I 41M1w I XM' .--...... CURVE TABLE DAW LENM RADIUS DELTA Ct40R4 CH BEARIM C1 7bor iftM 77.W S2SW46'w e2 64 X 14006 26+s3x exsr Say I'CrOf C3 13104` 4X.W IVWW MO 2uwcr w C4 .tjg,% 1%Lw 53lTo5' t34.53' 552Fr ww Ca 61 .Sr tr9 2W 2Q'M'Cr 41.23k :eQ'I, a 4MN C6 I2 1y4' es4aCo' 1C'S7'=i 223.54' 14!l5Sd961e Cf 71.48' TrA.00' 45713t' YI, 11' rf331 irof 0 C x 38L06�1� a� t< Yeh" CMa V;' - 9n ow-f to aqsw Catroda ulm-teC �[als4e70rat tan! qow m ".0m, tntt a4,vt *04,0 ...; W 2.4 teael—t;ar a au lone} tW 4 4nt4 4 4e =rir ,w~tsikn to ad h tAer eyW.y�tyt M era .�+11.a yap" d--klr a 04d �t eesw0a+n. f» vittolro 7oens Cet tLW tn..a,Att om all Kit(., suR\rr:.Yom Pp"C'I L4o1201MPS 6�a ! C�1rn Dive { cC sr:1 akauSr9iSi9 DAiE 71 2812014 CVMFl lw p{1�es -07i 7j(,W54t11 ( firl`'Ys�'i�E.44r5S7t DW�:�� - D1M6:2412495:%t1A-E +.va A.V-rty< =a DRAWN: WC0 CHECath UCD Exhibit A-2-3 02725744.2 EXHIBIT A-2-3 EXHIBIT A-3 Legal Description/Depiction of LGE Exchange Parcel [See following pages] EXHIBIT A-3 02725744.2 EXIIIM A.3-1 (1 00) PROPFRIX DESCRUMON A parcel of laud, being part of Section Thirty-two (32?, Tow mdflp Three North (T.3N.). Range Sixty-seven West (R,67W.) oftlte Sixth Principal Meridian (6th P.M.), Coctnty of Weld, State of Cotoaadc), and being more partxularly described as follows: HEOMIUNC m the South Quarter (Sl4) corner of said Section 32 and assuming tha South line ofiloe Southwest Quatves (SW 114) of said Sntirnt 32,. being monurnerttalimd by a 06 trbar with an illegible 2 16" diameter aluminuin cup at the Fam end and by a e-6 rehar with a [nosily illegible 2" diameter alumtnam cap stamped -1,8 2%77" at the West end. as bearing North 8 4 V 24' W C*3, being a Orid Bearing o€ Vic Cirlarado S111C Plane Coordi rate System, North Zone, North American Datum 1993, a distance of2670,02 feet, with all other beatings Mulained heroin relative thereto; THENCE. Nurth h,9°41'24" Weg along the South line of the Southwest Quarter (SWI.14) ofsaid Section 32 a distance of 2670,02 fact to the Southwest comer of said Section 32, THEKCF North OD'20'34" West along the West tine of the Southwest Quarter (SWIM) ofsaid Section 32 a distance of:?45.20 fart to the iWersuctitm with the appmxtmatc centerline of the Sidchill h tch; The fallowing Five (5) ent3mcs and distances Are along the approximate centerlirm of said Sidchill Ditch- TlVNCF North 75°09'26" East a distance of $L06 feat to a Point ofCammure (PC); THENCE along the are ofa curve which is eoacave to the Somb a distance of t 96,91 feet to a Point of Tangency (Pio said carve having a taadius of 200.00 feel, a central angle of SY32'46" and a long chord bcorins South 781W) I' Ton a distance of t 90.18 feet THF.NCL South 5I'17'49" Unst a dislaom of 102.78 feet '1'IILAICE South 44'50'Ofi East a distance of 74.66 fact to a Point of Curvature (PG); THENCE along the are ofa curve which is ccmanve to the Nottheost a distance of 106.75 teet to a Imitol ]king Fifty (30) fe4l, as rtreasured at a riglct angle, North of the South line of the Soathwcsr fjirarlcr (SW I14 ) ofsaid Section 32. said cure having a radiae of 375,00 fact, a cerdral angle of 16018'37" and a long chord beuring South 5r$9'25" East a distamceot'106.39 Cc-1; THENCE. depariing from the approximate centerline ofsaid Sidehiil Ditch and .south 8914]'Z4" East along a line being Fifty (50) fuel, as mcasturd al a right angle, north of and para]h:1 with the South line ofihe Southwest Quarter (SW I l4) of said Section 32 a distance of 537.56 feet to inteeseet again with the a;Vmxir=te centerline ofsaid Sidchill Ditch, said jmcr m,(km being the beginning point ofa curve, said curve h6rig non -tangent to aforesaid line: The following Six (6) courses and distances are along the approximate ocate:rlioe of said Siddull L)itcic THENCE algal, the arc of said curve which is comcavo to the Nonhwo!t a distance of 173.23 free to a Poinl of Reverse Curvature (VKC), said cum* having a radius of 1100.00 feet, a note[] angle of 091D1'23-and a long chard bearing North SP59*57" East a distance of 173.05 fret; THE'NCF aloag the asL of n currc which is cnncm%v to Ow Southeast a distance of 72.30 feet to a Point of Reverse C an ature (PRO, said carve hiving a radius of 100.00 fort, a "mtrtal angle or-1 M5127" and a Imig chord hcarimrg North 72']0'S9" East a distance of 70.73 free 711 CN4 E alamg. the arc: ofa cunt which is comcmm to the North a distance of 126.31 feet to a Point of Reverse C%Immure (PRC), said eutve.having a radius of t300.00 fret, acentral angle of W34'01"and a ksal; chard bearing South h'9'53' 1 S" P_:[st a distance of 12616 fcei. THENCF along the am ofa curve which is concave to the Southwc% a distance of 93.00 feel to a Point of Targptiry (PT), said aura having radius of2OO.e30 fccL a antral angle of 260n8 30" and a long chord hearing South 79°21'03' East a dimanee of 92.16 Poet; 71IFNCL•' South 6ff-01 '48- 1 ast a disumcc of 155.96 fcea to a Point of Curvature (PC); THENCF along the mr ofa curve which is e6ttdave to the Noathca9t a distance 1 Wit feel to a point being filly (50) feet, as measured of a right Bogle, North of the South litre of the Scnahwust Quarter (S W ll4) of said Section 32, aiid curve laving a radius of I I00-M fact, a central angleofo6°02'52"and a loogehord beating South 69°03' 14" %rat a dirAmwe of 1 ] 6A6 feet; THLa ICE depaitin;; frvm the approxlmalc cemerllnc Ofsaid Sidchill Ditch and South 9914l'24" i:rrst along a line being, Pifly (50) feet, as measured at a eight angle, North of ern] parallel wilh the South line of the Southwest Quancr (SW 114) of said SCeeit+n 32 a distarwe of W9.41 feel to intersect again with the appmxinsaw centerline of said Sidchill Mich; P:YZO 1fi0F5$'pexlp descsV'_rill�n63 SEXll A-3.d— lWit-1016l0[13Am EXHIBIT A-3-1 02725744.2 F.X111H1T A-3-1 (2 of 3) OPERTV DE5CR1Frr1OjM The 1501.10wing Eighteen (I 8) courses and dsslances arc along the aMnAirnate ccmctltree of s:ist Sidehill Dlich; THENCE. Ncmh 29'33'59" Gast a distance of 103.63 feel to a Point of Curvature (PC): T1 tENCE along I be arc of a curve which isconcava to the Southmml a distance of 139.51 feet to a Point of Tangency (PT), said curve having a radius of 160-t10 feet, a eentnll angle of W45'40" and a long chord hearing North 57°5649" Fast a distance of 1$2.10 feet; THCNCI3 North 861 L 9'39' (ast a distance 43f 100.70 feet to a Point of Curvature (PC1: THENCE along the arc ofa curve which is coocavt W the South a distance of 22.7 t feet to a Point o f Tangency (PT), qid curs. having s radius of 100.00 fort, n central ark of )3'W'32" and a long chord bearing Bnuth 87109'55" East a distance of 22.67 fed; THENCE- South W*39'29" Last a distance of 5;.25 feet to a Point of Curvalun (Pd:); T)ILNCE along 11N mc- ofa curve which is concave to the North a difilzmv of 84.01 feet to a Point of Compound Curvature (PC('.), ,said cure having a radius of 90M feet, a ccrnral angle of 53 29'06" and a Ioug chord bearing North 7235'58" Cast a distance of $1 mot) feet; THENCE. Amir the ale of a curve which is ccmcave to the Nurt)nvcst a distance of 350.81 feet to a Point of Reverse Curvarttre (11RC), said curve Ravi ng a radius of 7W.60 feel, a cennral angle of 2go42'S:- and a long chord hearing North 31130'00" Gast a distance of 347, ] 5 fcer, T11F�140- along the arc of a curve which is concave to the Southeast a distance of 120.52 fees to a Point of Reverse CUM11111Te (PRC), said vnrvc having a radius of 150.0o reel, a cmral angle of 46`02'1 ]" and a long chont bearing North 40°09'39" East a distance of 1 t 7.31 feel; "THENCE akmg the am ofa mn a which is a xrurrK to the Northwest a distance of 165,28 feet to a pain, of Reverse Curvature (PRC), said curve having a radius of 5fu1.00 feel, a antral angle of 18'S6'23' and a long choral braving Nctth 53 42'34" Fast a distance of 164.53 fat; THENC4 along the arc ofa curve which ib concave to the Soulbeast a distance of 54.711 feet to a Point of Reverse Curvature (PRQ, said curve having a radius 100.00 feet, a central angle of 3l'23'08- and a 4-mg chard bearing North 59155657- East a distance of 54.10 fee,; THENCE along the arc ofa cunt winch is concave to the Northwest a distance of 108.53 fief to a Point of Tangency (P'r), said carte leaving a radius of I 5D.00 reel, a mural artglc of 41'27' 17" and a long chn,d hearing North 54'53'5 2" list a distance of €06,18 fen; THENCE Nardi W l W 13" East a diatanocof 147-12 reel to a Point of Curvature (PC); THFNC L along the ar a ofa curve whirls is concave to the Northwest a distarax of53.36 feel to a Poirt of Tant^ency (PT), said curve having a radius or 150.00 feel, a cc=ml angle of 20'22'S9" arpl a long Owd hearing North 23'58'44" Fast a distance of 53.08 feet; '1111ENCE North I P47't 5" Fast a distance of 330.72 fed to a point of Curvature (T'C); 'MENU along the are nfa curve which is macavn to the Southeast a distance of 100,05 feet to a Point or 'Tangency (PT)wid curer having;, radius of 175.00 feet, a central angle of 32'45'24" and a long eltcrd beating North 30°09'57` Eckst a distance of 9$.69 rcet; "THENCE ENCE North 46132`39" Fast a distance of 93-33 fact: THENCE North 53a56'58" East a distance of 122,64 feet; THENCENorth 47�31'25" Fast a distance of 64.93 fret to a point being Fi Fly (50) fact, as measured at a right angle, West of the Fast line of'the WcsA Ha If of the Soutlmim Quarter (W 112 SLl d4) of said Section 32; 711ENCE depaning rnm the approxlmatc conteriinc of said Sidehill Dilch and North OD°dO'59" West along a line brims Riley (501 feel, as ramsurcd at a right anglc. West ofand parallel with tic Cat line of like VVCst Half of the Southeast Qwsrtcr (W 1.12 SFI l4) ofsaid Section 32 a durance of 1023.74 fcrt; THENCE North 00146'26711cst slang a tine being Filly (50) fen, av treasured at a right taste. West of a ,4 parstlel with the East line of the West Halfof the Northeast Quarter.(W 1J2 NEIA) of said Section 32 a distance of 1971,87 feel to a point bring Twrnty (20) feet, as mcmured m a right angle, Sottlh of the Norlh line t,f the South Half ref the Northwest Qu nn,6T of the Nonlw.w Quarter (S 112 NW 14 NE U4) of said Section 32; P;l20160655'17mt+dcsck 20160655F*H A-3 doc 10, 2016 ]pas AM 02725744.2 EXHIBIT A-3-2 EXITI'KIT A-3-1 (3 of 3) OPERTV allLBItEM THENCE North 890S4`0West along a line Loring Twenty (20) fect, w measured et.a right angle, South of tend parallel with the North line of the South Halfof the Notthwegt Qtmnerof the Northeast Quarter (SI12 N1ti 1 A NE14) of said Seclion 32 a dislamc of 948.58 feet to the SonthV W line ofthat Two, Hundred (200) font wide: stsip ofland deswribcd as Parcel No. 37 in that Quit Clain, Deed rcegriscd March 19, 1997 as Rvccplion No. 2538622 of the rccoix4 of lho Wdd Courny Clerk and Recorder and also de"W in that Warranty Decd recorded April 20, 19(l9 in Book 30(1 at Page 469 of the records of Ilre Weld Comity Clerk and Rccocder, THENCE North 29"41'37" Fist along the Southeast line of said Two 11 undred (200) FM aide strip of land a distance of 23.60 Fect to the North line of the Satth Halfof the NVonhwcst Quarter of the Northeast Quarter (S112 NW ILA NFIM) of said Section 72; THF�NCF South 89 54'03" East along. the North line ofthc South Halfof the Northwest Quarter of the Northeast Quarter (SV2 NW 114 NEI f4) of said Secaion 32 a distant of 986.92 feet to the Ccailcr-North- Nortlnmst Sixty-fourth (C-N-NI>_ I i64) corner ofsaid Section 32; THENCE South 00" 467V Lust along the East line of the West Hal f of the Northeast Qtixncr (w112 NEI:4) of said $cction 32 a disrancc of 1991.15 feet to the Ceoter•Eaar Sixteenth (C-EI116) cocrtcrafsaid Sc4�ion 32; THENCE North 89"50'A3" West along, tltc North line ofthe UFOL )latf ofthc Southeast Quarter (1V112 SE 1i4) of -said Section 32a distance of 30,00 feet to the West Right-of-way tine of Weld Cthnay Road No. 17. said West Right -of way liar being Thirty (30) feet, as measured at it right angle, Wcs1 of and p,4rW141 w ith the East line of the West Halfof the Sdtrtheast Quarter (W I12 SO 14) of i-.aid Section 32: THENCE South 00'40'39' Eaet along said West Right-ot=way line ;t distance of2160,54 feet to the North line of a Five (5) acre parccl of land, herclofun: rxscrr+cd far use as a oumctery, in the Southeast corner of the Southwest Quarter of the Southeast Quartsr (SW 114 SE 1+4) of said Section 32, said parcol bring 466.72 fret on all aides: `I'11EiNCl North 89'4t'45^ West along the North line of &aid Five (5) acre parcel of land rand peruke] wilh the South line of the Wtw 1 ialfol'the, Soallrcast Quurtvr (W'I12 S11114) ofsaid Settiion 32, a distaacc of 436-71 feet 10 the Northwest corner of said Five (3) acre parcel of land; nIEN . E Sinah 00'40'59" F ts; along the West line of said Five (S) acre parcel of land and parallel with the East line of the West Halfofthe SoulhcaA Qanraer(W tl2 SEji 4) ofsaid Section 32, a distance or466.72 fete to tlee South lira ofthc West Half of the Southeast Quarter (1V 1, 2 SG 114) of said Section 32: TH.ENCE North 89"41'45' West along the South line of the West Half of the Southeast Quarter ():1' 1 r2 SEI14) of rAdd Section 32 a distance of848-52 fcct to the PGINT OF BEGINNING. Said dc9c6bed parcel of land contains 27.934 acres, more or less (4. and may be subject to any rights -of - way or other easements of record or as now existing on said described parcel of Land. SUU4 F1fjHS.5TATEkfF.NT 1, Michael Chad Itilka, o Colorado Licensed Professional Land Survevnr do hereby state thAt this Property Description was prepared under my personal supci-6sion and clwcking and that it is true and correct to the best of my knowledge and bclicil FFUELI .l NARY Michad Chad Di[ka - on behalf of King Suns, tines Cotorudo Liee=d professional Land %urvvycr R38106 IONGSURVEYORS 650 fast Garden ()tine Windsor, Colorado 80550 (970)686-5011 JN:201606$5 P:','OI6%55'pmp deu.4.2016065 EX1,1 A-3.doc lallF-4lfi 10:1$ ANI 02725744.2 EXHIBIT A-3-3 DEPICTION EXHIBIT A-3-2 SEC. 32, T.IN , RAM EAST SIXTEENTH CORNER NORTH CVARWR CORNER SECS 29dr32, T.M. R67w SEC 32. Tlu: R57W +- r .. _ WCR.W � =T NORTHWEST CORNER SEC 32. T3N, R67W ,r +` W R-O-W C IITvR-NORTH-NCPiT}IEA57 I�4P W & 23fi 48 SIXTY-FOURTH CORNER li k CENTER -NORTH -NORTH SEC 32, TM, R6 k Wry -FOURTH CORNER + -, _ SEC 32. 73N, Rfi7W r+ y i r I s CENTCORNER CCEiNERNER SIXTEENTH SEC 32, TAN, R67W y64' RIGHT -OF -SPAY BOOK 49. ?ACE 13 k w--ST QUARTER CORNER SEC 32. 73N, R67'W CENTER DJARTFR CCO NER SEC 32, TN. R47W li Ikl III �tII I�60' "'CHT—OFF-WAY BOOK 40. PAGE 2M Ik� III 11 1�1 �'j CI I WO' 300' 0 600' T 60G, 6b' f7GhT-C?T-wAY L (9 SOCK 4$. FAO£ 270 C�. C5 ce 50' �C9+ \1\ . OF BEARINGS: N09'41'2c W i 2670.02' WCR26 SOUTH OlUARTER CORNER SEC 32, T3N, R67W POINT or EIZONNING PRELIMINARY cucheel C4ad DUO — cn achair or King Surveyors �. Colorcdo Vc4nued Ptoiesaiono$ Lana Surveyor #MiOd 20'-' 60' RIGHT-OF-WAY 800K 46, PACE 236 NORTHEAST SIXTEENTH CORNER ' SEC 32, UN, R67V I�•I CENTER -CAST ; SIXTEENTH ODRWR r SEC 32. T3N. R67W go* I30' RIGOUT-OF-WAT J BUCK 48, PACE, 35 ,& REC. NO. 3e261554 (i LTI T 1 L13 C1 ~ I' C15ell tl r , 2744EACRES,� 1,24 —L25' - - - EAST- SIXTEENTH CORNER SEC 32, 13N, R67W SEC 5. T2N, R67W NfiTtr This c91ll th drawing Is not intaneed to 6e a r numRntoii3ed fund cunMy, it's sole puap"c is es cl graphic representation to aid In the Asudir:ofion of the wrlttgn Oroperty description which it ocognWeniea. The written prcperty description supergedes the exnbit drowing_ KING SURVEYORS PROJECT NO:20160655 65D@a,tCardusDrivc I l\5rs6ut.Lokryt.&65U DATE: To/l/2ow plwmc: (974) 613L441 I I fez (T q fige— i `'DENT: LG EVERIST € WG:20T 60655EXH A-3 vrvya-.km6sune;x,tS,C,.rn DRAWN: MCD CHECKED- MCD 02725744.2 EXHIBIT A-3-4 I DEPICTION I FXFIIBIT A-3-3 I SEC_ 32, T.M.. R.67W. I CURVE TABLE CiJRV(w LENGTH RA00.1S DELTA 6►{ORD CH BEARING Ci 1$$,91' 2DO,p0' 5352'46- 1130.18' SM04'll"E C2 106.75' 375.00' 16'111'37- 106.39' S52759'25'E C3 173,23' 1100. - 9101.23" 173,05' R55-58.07`C C4 72,30' 100-M 41-25'27' 7073' N72'10'59-E C5 126.33' 100D.OD' 5'34**1- M-26' S09-53'18-E C6 93.00' n0.00' 26-M-30' 8216' S7911.03-E 0Y 116.11' 1100.w 6"02.52" 116.C6' 569'03'14-T Cd 15Q.5t' 160.00' 5$*45'40' 152.10' N57 %'49'E C9 22.71" 100-W 13'00'52" 22.67' S8'1U9'SS-E CIO 54.01' 90.OU' 53'29'06' 81AD' NiZ 35-".5,i°'E Cil 3td81' 700.00' 28-42'Tr 347.35' N31'30'OO'E C12 120.52' 150.00' 46102'ii" 117.31' ma-ce-39"E C13 160.2W 500.00' 16'55'23' 104.53' N5342'34"E C14 Sc,76' 10D.00' 31'23'08' 54-10' m59'SS'57"E C15 108.53' 1=00' 41'27'17" IC6.7B' N54'5-3'32"E Clb 53,36' 150-00- 2022'59' 53.W N235H'44-E C17 100.0S' 17aOD. 32-45'24" 98.69' 1 N30Z19'57-E LINE TABLE LINE SEARING LENGTH LI N00'20r-54-91 245.20' L2 1175109'26'C 81.CS' L3 S5197'48"E 302..78' L4 S4450'06-E 74.66' L5 589AV24'r; 537.36' 66 S6617146E I55:?$' L2 5E9'41'24"C 809.41' La N2933'59"E 103.65, L9 NWI9'39'E 100.7D' L10 S80139'29"C 52.;-5 LIT N34'10'13'E 177.12' LI2 N13-47'15-[ 330.72' L13 I N46-32'39"E 93.33' LINE TABLE UNEI BEARING LENGTH L14 N53"56'SB-E 122.841' LIS N47-31'25"E 64.95' M6 N00'40'59"W W23..74' L17 N00'0'26'10 1971.87' LIB N89'54'03'W 94a98' L19 N29'41'37"E 23.W L20 589-4 as-E L2.1 - 500'46'26"E 1991.15' L22 M $WW 4YW 30.00' L23 S00'40'50-t 2f60.54' L24 N6941'45'W 436.71, L25 $0040'M-E 466. 72' L26 N89-41'45`sv 848,32' RRIj Ll NOTE- This eKnait drawing is act intended to be a 1� + MINARY romumentolized land 8u1�14 It's sale p�prac Is 00 a grophie representotlan to old in the 3Asmctizatien of the M;choal Chod Dift - on aehalt at P:ng Surveyors wriltan prgpevly des .ripllon which it ace panio5, The Coloxcdo ueonoed Proressicnal Largo Syrveyar #38106 written praporty dea-miption supor600ee the "hItdt Crowing_ KING SURVEYORS PROJECT NO.20160655 GSD C:axt Ganitil T3r.io�r I lS'indxnr, ice,.} -�,d� fH}SSO DATE: 1 O f 1 f2016 phone (<i7gj G1it -51�1 t I fax: (771XI a14r -51121 CLIENT: LG EVERIST DWO-2016065SEXH A-3 a�s3x.kis3�survcwsra.eum DRAWN: MCD CHECKED: mcD 02725744.2 EXHIBIT A-3-5 EXHIBIT B Depiction of Water Storage Cell [See Exhibit B-1 ] EXHIBIT B 02725744.2 C V�tI" PARCEL EXHMIT B-1 {1 of 1)1 �r B. , T.2N. o� I ' HNC SEC. f3, E.2N. p.eTrr. iWEST ORNER ON S. tC2PW. R.67W. gaph - WELDCVL7) YR0ADZ6 - _ - - - - - - NORTH WARIER CORNER SECTION 6. T.2N.. R.67W. --_...,------I ' MINE LIIfdT � ! /III TOE OF M&I MINE SLOPE I OF 3:1 REMAIMEG SLOPE ' :I ! I� I PRELEM NARY OUTU NE OF I t CARBON VALLEY PARCEL l ! I WATER STORAGE CELL I " I I x � I ! f 1.078 I RECORDED 07-M 7OM I ! j I NO. 2321.6-2 RECXLI023 I YC I I REG NO' 394I-W I WW""R i f i 4 IOTA C CEP3TER tOtfARTEJt CORk£R P a SfCTiON 6. T.2N.. R-671v. i r 300' 150' 0 300' 9 38106o NOTE This exhibit drawing Is not intended to be a monumentalized land survey. ' t 1' to Id It's $NO purpose Is as a to the visualization of the rc represen a on a Michael Chad DAka - On Behalf Of lGng Surveyors written property description which it o=omponfes. The Colorado Lkenaed Professional Land Surveyor i36106 written property description supervedea the evhibit drawing. PROJECTKING SURVEYORS DATE. 8/201 2&95 650 r_ Guden DAvc I Wmdsoc. Colorado 80550 DATE: -. LG. EVER cu�1E:l.c. tv��Isr phone: (970) 666-5011 I f= (970)G8G-5821 DWG: 2012695EXHB-1 waw.kingsurvegors.com DRAWN: MCD CHECKED: MCD EXHIBIT B-1 02725744.2 EXHIBIT C Form of Access and Improvements Easement Agreement [See following pages] EXHIBIT C 02725744.2 WHEN RECORDED RETURN TO: ACCESS AND IMPROVEMENTS EASEMENT AGREEMENT THIS ACCESS AND IMPROVEMENTS EASEMENT AGREEMENT (this Easement Agreement) is made as of the day of , 201_, by and between L.G. EVERIST, INCORPORATED, an Iowa corporation, with its Colorado corporate offices at 7321 East 88"' Avenue, Suite 200, Henderson, Colorado 80640 (grantor), and the TOWN OF FIRESTONE, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et sec ., whose address is 8308 Colorado Blvd., Suite 200, Firestone, Colorado 80504, Attention: Wesley LaVanchy, Town Manager Grantee . Grantor and Grantee are sometimes referred to herein individually as a Party or collectively as the Parties. RECITALS: A. WHEREAS, Grantor owns certain real property located in Weld County, Colorado, hereinafter referred to as the Easement Property, as more specifically defined in Exhibit A attached hereto; B. WHEREAS, Grantor and Grantee have entered into that certain Purchase and Sale Agreement effective as of 201_, (the Purchase Agreement), whereby the Grantor has agreed to excavate, install and construct a lined water storage cell on the Easement Property (the Cell) and to subsequently convey the Cell and the Easement Property to Grantee; C. WHEREAS, Grantee desires to develop a functioning water storage and transport facility on the Easement Property (the Project which may include certain related infrastructure, including pumps, pipelines, valves, augmentation structure(s) for the diversion of water and other improvements which Grantee deems, in its sole discretion, as necessary or desirable in connection with its development of the Project (collectively, the Improvements); and D. WHEREAS, Grantee desires to obtain from Grantor, and Grantor desires to grant to Grantee, an easement on, over, under and across the Easement Property for the purpose of designing, developing and operating the Project within the Easement Property (such activities, collectively, the Easement Activities as more specifically defined in Section 1 below); EASEMENT: NOW, THEREFORE, for and in consideration of the foregoing recitals and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby confessed and acknowledged, Grantor and Grantee agree as follows: EXHIBIT C-1 02725744.2 1. GRANT OF EASEMENT. Grantor does hereby declare, establish and create for the benefit of Grantee and Grantee's agents, employees, contractors, concessionaires, representatives, successors and assigns, a perpetual, non-exclusive easement (the Easement) on, over, across and under the Easement Property for the purpose of: (a) installing, constructing, reconstructing, locating, relocating, surveying, maintaining, enlarging, altering, repairing, replacing, using, operating, controlling, inspecting, and removing the Improvements and the Project, and (b) access, ingress, and egress reasonably necessary to accomplish the foregoing (collectively, the Easement Activities). 2. COVENANTS OF GRANTEE. In exercising the rights granted hereunder, performing the Easement Activities, and otherwise accessing the Easement Property, Grantee agrees to each of the following covenants: 2.1 Grantee shall protect the Easement Property and any adjacent lands of Grantor or others from damage caused in whole or in part by acts or omissions of Grantee, its agents, employees, contractors, concessionaires, representatives, successors and assigns (collectively, and together with Grantee, Grantee's Responsible Parties). Grantee shall clean, cure, repair and correct any such damage to any elements of the Easement Property or the above referenced adjacent lands, including, but not limited to, any utilities, structures and other improvements situate therein or thereon, and shall keep all of such property reasonably clean and clear of equipment, building materials, dirt, debris, and similar materials. 2.2 All Easement Activities shall be performed at Grantee's sole cost and expense. 2.3 Grantee's Responsible Parties shall enter onto the Easement Property and utilize the Easement granted hereunder at their own risk and they further assume all risks related to the same. Grantor shall have no liability to Grantee's Responsible Parties for any and all claims, damages, losses, liens, costs, liabilities, fines, and expenses (including reasonable attorneys' fees and court costs), damage to or destruction of property, and death of or injury to any person related to or arising from entry onto the Easement Property and Grantor is hereby irrevocably and forever released from the same. 2.4 In all actions undertaken on the Easement Property by any of Grantee's Responsible Parties, all work shall be completed in a workmanlike manner, free of all liens (including mechanics' liens) and encumbrances on the Easement Property. 2.5 Grantee shall not cause, or permit to be caused by any of Grantee's Responsible Parties, any Hazardous Materials (as defined below) to be transported to, or dumped, spilled, released, permanently stored, or deposited on, over or beneath the Easement Property or any other lands owned by Grantor. Hazardous Materials means substances, materials or waste the generation, handling, storage, treatment or disposal of which is regulated by any local, state or federal government authority or laws, as a hazardous waste, hazardous material, hazardous substance, pollutant or contaminant and including, without limitation, those designated as a hazardous substance under Section 311 or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. Secs. 1321, 1317), defined as a hazardous waste under Section 1004 of the Resource EXHIBIT C-2 02725744.2 Conservation and Recovery Act (42 U.S.C. Sec. 6903), or defined as a hazardous substance under Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Sec. 9601), and, including, without limitation, petroleum products and byproducts, PCBs and asbestos. 2.6 Grantee shall comply with all applicable federal, state and local laws, rules and ordinances in connection with its use of the Easement Property and shall obtain all permits and approvals required by applicable governmental or quasi -governmental entities in connection with Grantee's Easement Activities and use of the Easement Property as permitted hereunder. 2.7 The Easement and rights granted herein shall not be used in such a manner as to violate any county regulation, city ordinance or state or federal law, rule or regulation. 2.8 Grantee shall utilize the Easement in such a manner so as to avoid any interruption of or interference with Grantor's mining operations and/or reclamation of the Easement Property as provided for under Grantor's mining and reclamation permits or as otherwise provided for under the Purchase Agreement. 2.9 Grantee shall indemnify and hold Grantor harmless from and against any damage that may be incurred by Grantor as a result of the activities of Grantee under the Easement, provided, however, that nothing herein shall be construed as a waiver of any of Grantee's rights and privileges under the Colorado Governmental Immunity Act. 3. GRANTOR'S OBLIGATIONS. 3.1 Grantor shall not disturb, without obtaining Grantee's prior written consent (which consent shall not be unreasonably withheld), any Improvements nor permit to be built, created or constructed, any obstruction, building, improvement or other structure on, over or under any Improvements so long as: (i) such Improvements were installed by Grantor pursuant to its obligations under the Purchase Agreement; (ii) Grantor has consented to the installation of such Improvements by or on behalf of Grantee; or (iii) such Improvements are not located within an area to be excavated as part of Grantor's mining operations and/or reclamation of the Easement Property. 3.2 Subject to Grantor's obligations under the Purchase Agreement, Grantor covenants and agrees that Grantee shall have the right to subjacent and lateral support of the Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights of Grantee under this Easement Agreement and performance of the Easement Activities. It is specifically agreed between the Parties that Grantee's rights as provided for in this Section are subject to Grantor's obligations under the Purchase Agreement. 3.3 Grantor shall not perform or permit any action on or upon the Easement Property that will compromise the structural integrity of any slurry walls, earth -berms, clay liners or other low permeability linings constructed by Grantor thereon. EXHIBIT C-3 02725744.2 4. GENERAL PROVISIONS. 4.1 Easement to Run with Land. This Easement Agreement, including the Easement and all other covenants, agreements, rights and obligations created hereby, shall run with the Easement Property, and shall be binding on and inure to the benefit of all persons having or acquiring fee title to the Easement Property, all upon the terms, provisions and conditions set forth herein. The rights granted hereunder to Grantee are personal to Grantee and may not be assigned by Grantee without Grantor's prior written consent. 4.2 Successors and Assi ns. This Easement Agreement shall be binding on Grantor's and Grantee's respective successors and assigns, provided, however, that Grantee may not assign this Easement Agreement or its rights or delegate its obligations hereunder except as provided in Section 4.1 above. 4.3 Section Headings. The Section headings herein are inserted only for convenience and reference and shall in no way define, limit, or prescribe the scope or intent of any provisions of this Easement Agreement. 4.4 Severability. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and whenever there is any conflict between any provision herein and any present or future statute, law, ordinance or regulation contrary to which the Parties have no legal right to contract, the latter shall prevail, but the provision of this Easement Agreement affected shall be limited only to the extent necessary to bring it within the requirements of such statute, law, ordinance or regulation. 4.5 Counterparts. This Easement Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all such counterparts taken together shall be deemed to constitute one and the same instrument. 4.6 Governing Law. The terms and provisions of this Easement Agreement, and the interpretation and enforcement thereof, shall be governed by the laws of the State of Colorado, to which all Parties consent to venue and jurisdiction. 4.7 Waiver. No term or condition of this Easement Agreement will be deemed to have been waived or amended unless expressed in writing, and the waiver of any condition or the breach of any term will not be a waiver of any subsequent breach of the same or any other term or condition. 4.8 Amendment. This Easement Agreement may not be amended or terminated except by a written instrument signed by the fee-owner(s) of the Easement Property and the Grantee. 4.9 Entire Agreement. This Easement Agreement, together with the exhibits attached hereto and the applicable provisions of the Purchase Agreement, contains the entire agreement of the Parties with respect to the subject matter hereof and no prior written or oral agreement shall have any force or effect or be binding upon the Parties. This Easement Agreement shall be EXHIBIT C-4 02725744.2 binding upon, and inure to the benefit of, the Parties, their heirs, executors, personal representatives, nominees, successors or permitted assigns. 4.10 Notices. All notices, requests, demands, or other communications (collectively, Notices) hereunder shall be in writing and given by (i) established express delivery service which maintains delivery records requiring a signed receipt, (ii) hand delivery, or (iii) certified or registered mail, postage prepaid, return receipt requested to the Parties at the following address, or at such other address as the parties may designate by Notice in the above manner. If to Grantor: L.G. Everist, Inc. Mountain Division Office 7321 East 88th Avenue Suite 200 Henderson, CO 80640 Attn: James A. Sittner, Assistant Secretary With a copy to: Moye White LLP 1400 16th Street, Suite 600 Denver, CO 80202 Attn: Randall G. Alt, Esq. If to Grantee: Town of Firestone 8308 Colorado Blvd., Suite 200 Firestone, CO 80504 Attn: Wesley LaVanchy, Town Manager With a copy to: Bradley C. Grasmick, Esq. Lawrence Jones Custer Grasmick, LLP 5245 Ronald Reagan Blvd., Suite 1 Johnstown, CO 80534 Notices shall be effective (x) upon receipt if sent by an established express delivery service which maintains delivery records requiring a signed receipt, (y) upon receipt by the addressee of a hand delivery, or (z) three days following the date of mailing via certified or registered mail, postage prepaid, return receipt requested. 4.11 Default. If any Party breaches any provision of this Easement Agreement and fails to cure such breach within 10 days after written notice thereof, the non -breaching Party shall be entitled to any and all remedies, legal or equitable, which may be available including, without limitation, specific performance. All such remedies, including those set forth in this Easement Agreement, shall be cumulative. 4.12 No Attorney's Fees or Costs. In the event of any litigation, mediation, arbitration or other dispute resolution process arising out of this Easement Agreement, the Parties agree that each shall be responsible for their own costs and fees associated with any such legal action. EXHIBIT C-5 02725744,2 4.13 Authority to Execute. Each person executing this Easement Agreement represents and warrants that he is duly authorized to execute this Easement Agreement by the Party on whose behalf he is so executing. 4.14 Recordation. Either Party may record this Easement Agreement against the Easement Property in the appropriate jurisdiction. Notwithstanding the foregoing, in the event this Easement Agreement is terminated and either Party desires to record an instrument evidencing such termination, the Parties shall prepare, execute and record, at the shared expense of both Parties, any reasonable instrument necessary to release this Easement Agreement of record. 4.15 Disclaimer of Joint Venture. This Easement Agreement is not intended to create a joint venture, partnership or agency relationship between Grantor and Grantee, and such joint venture, partnership, or agency relationship is specifically hereby disclaimed. 4.16 Incorporation of Recitals. The above Recitals are true and correct and incorporated herein. 4.17 Construction. The Parties have participated jointly in the negotiation and drafting of this Easement Agreement. in the event an ambiguity or question of intent or interpretation arises, this Easement Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Easement Agreement. [Signature pages.follow.] EXHIBIT C-6 02725744.2 IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement as of the date first above written. :.UU1: L.G. EVERIST, INCORPORATED, an Iowa corporation James A. Sittner, Assistant Secretary STATE OF COLORADO COUNTY OF The foregoing Easement Agreement was acknowledged before me this day of , 201_, by James A. Sittner as Assistant Secretary of L.G. EVERIST, INCORPORATED, an Iowa corporation. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT C-7 02725744.2 GRANTEE: TOWN OF FIRESTONE, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et seq. By: Name: Title: STATE OF COLORADO ) ) ss. COUNTY OF ) The forgoing Agreement was acknowledged before me this day of 201_ by , as of the Town of Firestone, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1- 101 et sea. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT C-8 02725744.2 EXHIBIT A Legal Description of Easement Property Ito be inserted] EXHIBIT C-9 02725744.2 EXHIBIT D Form of Temporary Access and Reclamation Easement [See following pages] EXHIBIT D 02725744,2 WHEN RECORDED RETURN TO: Randall G. Alt Moye White LLP 1400 16th Street, 6th Floor Denver, CO 80202 TEMPORARY ACCESS AND RECLAMATION EASEMENT AGREEMENT THIS TEMPORARY ACCESS AND RECLAMATION EASEMENT AGREEMENT (this Easement Agreement) is made as of the day of , 201 _, by and between the TOWN OF FIRESTONE, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et seQ., whose address is 8308 Colorado Blvd., Suite 200, Firestone, Colorado 80504, Attention: Wesley LaVanchy, Town Manager Grantor), and L.G. EVERIST, INCORPORATED, an Iowa corporation, with its Colorado corporate offices at 7321 East 88'h Avenue, Suite 200, Henderson, Colorado 80640 Grantee). Grantor and Grantee are sometimes referred to herein individually as a Party or collectively as the Parties. RECITALS: A. WHEREAS, Grantor and Grantee have entered into that certain Purchase and Sale Agreement effective as of , 2016 (the Purchase Agreement), whereby the Grantee has agreed to install and construct one or more lined water storage cells (the Cell) on certain real property located in Weld County, Colorado, hereinafter referred to as the Project Prollerty and to convey the Easement Property (as such term is defined in Recital B) to Grantor as required by the terms and conditions of the Purchase Agreement; B. WHEREAS, Pursuant to the Purchase Agreement, Grantee has conveyed to Grantor, contemporaneously herewith, the Project Property, hereinafter referred to as the Easement Property, as more specifically defined in Exhibit A attached hereto; C. WHEREAS, Grantee has continuing rights and obligations under the Purchase Agreement with respect to the Easement Property, including but not limited to the right to conduct Grantee's reclamation obligations thereon as contemplated by Grantee's existing mining permits applicable to the Easement Property, such remaining reclamation activities being referred to herein collectively as Grantee's Work; D. WHEREAS, Grantor desires to develop a functioning water storage and transport facility (the Project on the Easement Property; E. WHEREAS, Grantee desires to obtain from Grantor, and Grantor desires to grant to Grantee, an easement on, over, through, under and across the Easement Property for the purpose of conducting and completing the Grantee's Work on and within the Easement Property (all as more specifically described in Section 1 below); EXHIBIT D-1 02725744.2 EASEMENT: NOW, THEREFORE, for and in consideration of the foregoing recitals and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby confessed and acknowledged, Grantor and Grantee agree as follows: 1. GRANT OF EASEMENT. Grantor does hereby declare, establish and create for the benefit of Grantee and Grantee's agents, employees, contractors, concessionaires, representatives, successors and assigns, a temporary, non-exclusive easement (the Easement) on, over, through, across and under the Easement Property for the purposes of: (a) conducting, installing, constructing, locating, surveying, maintaining, altering, repairing, replacing, using, operating, controlling, and inspecting, Grantee's Work, and (b) all access, ingress and egress, reasonably necessary to accomplish the foregoing (collectively, the Easement Activities). 2. TERM. The Easement shall commence on the date first written above and shall terminate on the earlier of: (a) the date that Grantee completes the reclamation of the Easement Property in accordance with requirements of all applicable regulatory agencies including, but not limited to the requirements of the Colorado Division of Reclamation Mining and Safety, or its predecessor, the Colorado Division of Minerals and Geology, and any applicable county or local land use regulations; or (b) the date that Grantee receives a release of all reclamation bonds posted in connection with the Easement Property as required by the regulatory agencies referenced in the preceding subsection (the Term). Grantee hereby agrees that, following the end of the Term of the Easement Agreement and upon Grantor's request, Grantee shall execute such documentation as may be necessary to evidence the termination of this Easement Agreement. 3. COVENANTS OF GRANTEE. In exercising the rights granted hereunder, performing the Easement Activities, and otherwise accessing the Easement Property, Grantee agrees to each of the following covenants: 3.1 Except for conducting and completing the Easement Activities, which shall be specifically permitted if performed in accordance with the terms of the Purchase Agreement, Grantee shall protect the Easement Property and any adjacent lands of Grantor or others from damage caused in whole or in part by acts or omissions of Grantee, its agents, employees, contractors, concessionaires, representatives, successors and assigns (collectively, and together with Grantee, Grantee's Responsible Parties). For purposes of clarification, any owners or operators (or any agents, employees or invitees thereof) of natural gas pipelines or any oil and gas drilling, exploration or production equipment which may be located on the Easement Property (or any adjacent or contiguous properties), if any, will not be included within or associated with Grantee's Responsible Parties. Grantee shall clean, cure, repair and correct any such damage caused by any of Grantee's Responsible Parties to any elements of the Easement Property or the above referenced adjacent lands, including, but not limited to, any utilities, structures and other improvements situate therein or thereon, and shall keep all of such property reasonably clean and reasonably clear of equipment, building materials, dirt, debris, and similar EXHIBIT D-2 02725744.2 materials deposited or caused to be deposited thereon by any of Grantee's Responsible Parties in excess of those required to conduct and complete Grantee's Work on the Easement Property. 3.2 All Easement Activities shall be performed at Grantee's sole cost and expense. 3.3 Grantee's Responsible Parties shall enter onto the Easement Property and utilize the Easement granted hereunder at their own risk and they further assume all risks related to the same. Grantor shall have no liability to Grantee's Responsible Parties for any and all claims, damages, losses, liens, costs, liabilities, fines, and expenses (including reasonable attorneys' fees and court costs), damage to or destruction of property, and death of or injury to any person related to or arising from entry onto the Easement Property and Grantor is hereby irrevocably and forever released from the same. 3.4 In all actions undertaken on the Easement Property by any of Grantee's Responsible Parties, all work shall be completed in a workmanlike manner, free of all liens (including mechanic's liens) and encumbrances on the Easement Property. 3.5 Grantee shall not cause, or permit to be caused by any of Grantee's Responsible Parties, any Hazardous Materials (as defined below) to be transported to, or dumped, spilled, released, permanently stored, or deposited on, over or beneath the Easement Property or any other lands owned by Grantor. Hazardous Materials means substances, materials or waste the generation, handling, storage, treatment or disposal of which is regulated by any local, state or federal government authority or laws, as a hazardous waste, hazardous material, hazardous substance, pollutant or contaminant and including, without limitation, those designated as a hazardous substance under Section 311 or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. Secs. 1321, 1317), defined as a hazardous waste under Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C. Sec. 6903), or defined as a hazardous substance under Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Sec. 9601), and, including, without limitation, petroleum products and byproducts, PCBs and asbestos. 3.6 Grantee shall comply with all applicable federal, state and local laws, rules and ordinances in connection with its use of the Easement Property and has or shall obtain all permits and approvals required by applicable governmental or quasi -governmental entities in connection with Grantee's Easement Activities and use of the Easement Property as permitted hereunder. 3.7 The Easement and rights granted herein shall not be used in such a manner as to violate any county regulation, city ordinance or state or federal law, rule or regulation. 3.8 Grantee shall utilize the Easement in such a manner reasonably necessary in Grantee's sole discretion to conduct and complete Grantee's Work on the Easement Property in accordance with the terms of the Purchase Agreement. 4, OBLIGATIONS. 4.1 Grantor shall not disturb or impede Grantee's completion of Grantee's Work to the extent that Grantee's Work is performed in accordance with the terms of this Easement Agreement and the Purchase Agreement. EXHIBIT D-3 02725744.2 4.2 Grantee shall indemnify and hold Grantor harmless from and against any damage that may be incurred by Grantor as a result of the activities of Grantee under the Easement. 5. GENERAL PROVISIONS. 5.1 Easement to Run with Land. This Easement Agreement, including the Easement and all other covenants, agreements, rights and obligations created hereby, shall run with the Easement Property, and shall be binding on and inure to the benefit of all persons having or acquiring fee title to the Easement Property, all upon the terms, provisions and conditions set forth herein. The rights granted hereunder to Grantee are personal to Grantee and may not be assigned by Grantee without Grantor's prior written consent. 5.2 Successors and Assigns. This Easement Agreement shall be binding on Grantor's and Grantee's respective successors and assigns; provided, however, that Grantee may not assign this Easement Agreement or its rights or delegate its obligations hereunder except as provided in Section 4.1 above. 5.3 Section Headings. The Section headings herein are inserted only for convenience and reference and shall in no way define, limit, or prescribe the scope or intent of any provisions of this Easement Agreement. 5.4 Severability. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and whenever there is any conflict between any provision herein and any present or future statute, law, ordinance or regulation contrary to which the Parties have no legal right to contract, the latter shall prevail, but the provision of this Easement Agreement affected shall be limited only to the extent necessary to bring it within the requirements of such statute, law, ordinance or regulation. 5.5 Counterparts. This Easement Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all such counterparts taken together shall be deemed to constitute one and the same instrument. 5.6 GoverninnaLaw. The terms and provisions of this Easement Agreement, and the interpretation and enforcement thereof, shall be governed by the laws of the State of Colorado, to which all Parties consent to venue and jurisdiction. 5.7 Waiver. No term or condition of this Easement Agreement will be deemed to have been waived or amended unless expressed in writing, and the waiver of any condition or the breach of any term will not be a waiver of any subsequent breach of the same or any other term or condition. 5.8 Amendment. This Easement Agreement may not be amended or terminated except by a written instrument signed by the fee-owner(s) of the Easement Property and the Grantee. 5.9 Entire Agreement. This Easement Agreement, together with the exhibits attached hereto and the applicable provisions of the Purchase Agreement, contains the entire agreement of the Parties with respect to the subject matter hereof and no prior written or oral agreement shall EXHIBIT D-4 02725744.2 have any force or effect or be binding upon the Parties. This Easement Agreement shall be binding upon, and inure to the benefit of, the Parties, their heirs, executors, personal representatives, nominees, successors or permitted assigns. 5.10 Notices. All notices, requests, demands, or other communications (collectively, Notices) hereunder shall be in writing and given by (i) established express delivery service which maintains delivery records requiring a signed receipt, (ii) hand delivery, or (iii) certified or registered mail, postage prepaid, return receipt requested to the Parties at the following address, or at such other address as the parties may designate by Notice in the above manner. If to Grantee: L.G. Everist, Inc. Mountain Division Office 7321 East 88th Avenue Suite 200 Henderson, CO 80640 Attn: James A. Sittner, Assistant Secretary With a copy to: Moye White LLP 1400 16th Street, Suite 600 Denver, CO 80202 Attn: Randall G. Alt, Esq. If to Grantor: Town of Firestone 8308 Colorado Blvd., Suite 200 Firestone, CO 80504 Attn: Wesley LaVanchy, Town Manager With a copy to: Bradley C. Grasmick, Esq. Lawrence Jones Custer Grasmick, LLP 5245 Ronald Reagan Blvd., Suite 1 Johnstown, CO 80534 Notices shall be effective (x) upon receipt if sent by an established express delivery service which maintains delivery records requiring a signed receipt, (y) upon receipt of a hand delivery, or (z) three days following the date of mailing via certified or registered mail, postage prepaid, return receipt requested. 5.11 Default. If any Party breaches any provision of this Easement Agreement and fails to cure such breach within 10 days after written notice thereof, the non -breaching Party shall be entitled to any and all remedies, legal or equitable, which may be available including, without limitation, specific performance. All such remedies, including those set forth in this Easement Agreement, shall be cumulative. 5.12 No Attorney's Fees or Costs. In the event of any litigation, mediation, arbitration or other dispute resolution process arising out of this Easement Agreement, the Parties agree that each shall be responsible for their own costs and fees associated with any such legal action. EXHIBIT D-5 02725744.2 5.13 Authority to Execute. Each person executing this Easement Agreement represents and warrants that he is duly authorized to execute this Easement Agreement by the Party on whose behalf he is so executing. 5.14 Recordation. Either Party may record this Easement Agreement against the Easement Property in the appropriate jurisdiction. Notwithstanding the foregoing, in the event this Easement Agreement is terminated and` either Party desires to record an instrument evidencing such termination, the Parties shall prepare, execute and record, at the shared expense of both Parties, any reasonable instrument necessary to release this Easement Agreement of record. 5.15 Disclaimer of Joint Venture. This Easement Agreement is not intended to create a joint venture, partnership or agency relationship between Grantor and Grantee, and such joint venture, partnership, or agency relationship is specifically hereby disclaimed. 5.16 Incorporation of Recitals. The above Recitals are true and correct and incorporated herein. 5.17 Construction. The Parties have participated jointly in the negotiation and drafting of this Easement Agreement. In the event an ambiguity or question of intent or interpretation arises, this Easement Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Easement Agreement. [Signature pages follow.] EXHIBIT D-6 02725744.2 IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement on the date first above written. GRANTOR: TOWN OF FIRESTONE, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et seQ. By: Name: Title: STATE OF COLORADO ) ss. COUNTY OF ) The forgoing Easement Agreement was acknowledged before me this day of 2016 by , as of the Town of Firestone, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et sea. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT D-7 0272574U GRANTEE: L.G. EVERIST, INCORPORATED, an Iowa corporation James A. Sittner Assistant Secretary STATE OF COLORADO ss. COUNTY OF The foregoing Easement Agreement was acknowledged before me this day of , 20 , by James A. Sittner as Assistant Secretary of L.G. EVERIST, INCORPORATED, an Iowa corporation. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT D-8 02725744.2 EXHIBIT A Legal Description of Easement Property [To he inserted.] EXHIBIT D-9 02725744.2 EXHIBIT E Delivery Schedule [See attached] EXHIBIT E 02725744.2 Delivery Schedule Delivery Date Earliest: June 30, 2017 Delivery Date Expected: December 31, 2017 Delivery Date Outside: December 31, 2018 EXHIBIT E-1 02725744.2 EXHIBIT F Form of Assignment and Assumption Agreement (Rural Ditch Company Agreement) [See following pages] EXHIBIT F 02725744.2 ASSIGNMENT AND ASSUMPTION AGREEMENT (Rural Ditch Company Agreement) THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this Assignment) is entered into this day of 201, by and between L.G. EVERIST, INCORPORATED, an Iowa corporation Assi nor), and the TOWN OF FIRESTONE, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et q., whose address is 8308 Colorado Blvd., Suite 200, Firestone, Colorado 80504, Attention: Wesley LaVanchy, Town Manager (Assignee). Assignor and Assignee entered into that certain Purchase and Sale Agreement dated , 2016 (the Purchase Agreement), in which Assignor has agreed to sell and Assignee has agreed to purchase the real property described in Exhibit A attached hereto (the Real Property}. Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Purchase Agreement. Pursuant to the Purchase Agreement, Assignor has agreed to assign to Assignee any and all rights of Assignor in and to that certain Agreement dated March 29, 2005 by and between the Rural Ditch Company, as one party thereto, and Theodore Lohmann and Linda Lohmann as the other party thereto, recorded at Reception No. 3277293 of the real property records of Weld County, Colorado on April 13, 2005 (collectively, the Ditch Agreement). The Ditch Agreement was assigned by the Lohmanns to Assignor pursuant to the terms of that certain Assignment and Assumption Agreement (Rural Ditch Company Agreement) dated as of July 3, 2013 and recorded at Reception No. 3957063 of the real property records of Weld County, Colorado on August 16, 2013. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee agree as follows: l . Assignment. Assignor hereby assigns, transfers and conveys to Assignee any and all rights, title and interest of Assignor in and to the Ditch Agreement. Any and all payments due to the Rural Ditch Company thereunder for calendar year 2017 shall be the sole responsibility of Assignor. Assignor shall be responsible for requesting the consent of the Rural Ditch Company to this Assignment. Assignee shall be solely responsible for all costs, if any, associated with obtaining the consent of Rural Ditch Company to the assignment of the Ditch Agreement from Assignor to Assignee. Upon approval of the assignment of such Ditch Agreement to Assignee by the Rural Ditch Company, any and all payments due thereunder for any year subsequent to calendar year 2017 shall be the sole responsibility of Assignee. 2. Assumd?tion. Subject to the foregoing, Assignee hereby assumes all liabilities, obligations, rights, title and interests granted by Assignor to Assignee herein from and after the date hereof. 3. Counterparts. This Assignment may be executed in counterparts, each of which shall be deemed an original, and both of which together shall constitute one and the same instrument. EXHIBIT F-1 02725744.2 4. Applicable Law. This Assignment shall be governed by and interpreted in accordance with the laws of the State of Colorado. 5. Binding Effect. This Assignment shall be binding upon and inure to the benefit of the parties hereto and their respective transferees, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have duly executed and sealed this Assignment as of the date set forth above. ASSIGNOR: L.G. EVERIST, INCORPORATED, an Iowa corporation By: Name printed: Title: STATE OF COLORADO ) } ss. COUNTY OF } The foregoing Agreement was acknowledged before me this day of , 201_, by James A. Sinner as Assistant Secretary of L.G. EVERIST, INCORPORATED, an Iowa corporation. Witness my hand and official seal. Notary Public My commission expires: ASSIGNEE: TOWN OF FIRESTONE, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et se . By: Name printed: Title: EXHIBIT F-2 0272574U STATE OF COLORADO ) ss. COUNTY OF The foregoing Agreement was acknowledged before me this day of , 201 _, by as of the Town of Firestone, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et seq. Witness my hand and official seal. Notary Public My commission expires: [CONSENT ON FOLLOWING PAGE] EXHIBIT F-3 02725744.2 CONSENT OF RURAL DITCH COMPANY TO ASSIGNMENT OF DITCH AGREEMENT FROM ASSIGNOR TO ASSIGNEE The Rural Ditch Company hereby consents to and approves of the assignment of all of Assignor's rights in and to that certain Agreement dated March 29, 2005 by and between the Rural Ditch Company, as one party thereto, and Theodore Lohmann and Linda Lohmann as the other party thereto, recorded at Reception No. 3277293 of the real property records of Weld County, Colorado on April 13, 2005 (the Ditch Agreement). The Ditch Agreement was assigned by the Lohmanns to Assignor pursuant to the terms of that certain Assignment and Assumption Agreement (Rural Ditch Company Agreement) dated as of July 3, 2013 and recorded at Reception No. 3957063 of the real property records of Weld County, Colorado on August 16, 2013. RURAL DITCH COMPANY By: Name printed: Title: EXHIBIT F-4 02725744.2 EXT41BIT A Description of the Real Property Lot B of Recorded Exemption No. 1311-6-2 RECX13-0023, recorded June 19, 2013 by the Weld County Clerk and Recorder, at Reception No. 3941557, being a part of the Northwest Quarter of Section 6, Township 2 North, Range 67 West of the 6"' P.M., County of Weld, State of Colorado. EXHIBIT F-5 02725744.2 EXHIBIT G Form of Special Warranty Deed [See following pages] EXHIBIT G 02725744.2 WHEN RECORDED RETURN TO: SPECIAL WARRANTY DEED a (Grantor), for and in consideration of the sum of ten and No/100 Dollars ($10.00) cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, paid by , a Grantee), whose legal address is Attention: , HAS GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents DOES GRANT, BARGAIN, SELL and CONVEY unto Grantee that certain tract of land (the Land) situated in the County of Weld, State of Colorado, and described on Exhibit A which is attached hereto and incorporated herein by reference for all purposes, together with all improvements and fixtures thereon (except as specifically reserved by Grantor below) including, without limitation, any and all low permeability linings installed on the Land, all residences and buildings, out buildings, fences, water wells, headgates, pipelines, ditches, laterals, gated pipe, flumes, reservoirs, reservoir outlet works, water tanks, wells, well casings, irrigation sprinklers, pumps and all other valuable manmade structures owned by Grantor which are fixtures thereon or otherwise appurtenant thereto, and together with all right, title and interest of Grantor, if any, in and to any other rights and appurtenances pertaining to the Land including, without limitation, all right, title and interest of Grantor in and to any adjacent roadways and easements benefiting the Land, and all sand, gravel, aggregate, stone, rock, silt, clay, overburden and topsoil lying in, on and under the Land, but specifically excluding from such conveyance, any mining equipment, or any batch plant or ready mix plant, or any components thereof located thereon, (such improvements, fixtures, rights, and appurtenances, together with the Land, being referred to herein as the PropertX). This conveyance is specifically made SUBJECT to the following exceptions and reservations made by Grantor: l . Excepting the matters set forth on Exhibit B attached hereto and incorporated herein by this reference for all purposes (including all rights and interests of Grantor arising under those matters), and; 2. Reserving unto Grantor all of Grantor's rights, if any, in and to any and all oil, gas and other hydrocarbons associated with and/or appurtenant to the Land, and any and all minerals, mineral interests and mineral rights owned by Grantor, if any, associated with and/or appurtenant to the Land. EXHIBIT G-1 02725744.2 TO HAVE AND TO HOLD the Property unto Grantee, and Grantee's successors and assigns forever, and Grantor does hereby bind Grantor, and Grantor's successors and assigns, to WARRANT and FOREVER DEFEND, all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise, and subject, however, to the matters set forth on Exhibit B attached hereto, as aforesaid. This Deed shall be governed by and construed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the Grantor has caused its name to be hereunto subscribed on the day and year first above written. GRANTOR: a By: Name Printed: Title: STATE OF COLORADO ) ss. COUNTY OF ) The forgoing Deed was acknowledged before me this day of , 201 , by of a Witness my hand and official seal My Commission Expires: SEAL Notary Public EXHIBIT G-2 02725744.2 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY EXHIBIT G-3 02725744,2 EXHIBIT B PERMITTED EXCEPTIONS EXHIBIT G-4 02725744.2 EXHIBIT H Form of Assignment and Assumption Agreement (Colorado Water Court Case Rights) [See following pages] EXHIBIT H. 02725744.2 FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT (Colorado Water Court Case Rights/Case No. 2005CW335) THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this Assignment) is entered into this day of , 20I, by and between L.G. EVERIST, INCORPORATED, an Iowa corporation Assi nor), and the Town of Firestone, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et sea. (Assignee). Assignor and Assignee entered into that certain Purchase and Sale Agreement dated , 2016 (the Purchase Agreement), in which Assignor has agreed to sell and Assignee has agreed to purchase the real property described in Exhibit A attached hereto (the Real Property). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Purchase Agreement. Pursuant to the Purchase Agreement, Assignor has agreed to assign to Assignee all of Assignor's right tile and interest in and to, and all claims and rights of Assignor associated with Colorado Water Court Case No. 2005CW335 concerning only the water storage reservoir being developed on the Real Property and all water, water rights, reservoirs and reservoir rights associated therewith. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee agree as follows: 1. Assi ng ment. Assignor hereby assigns, transfers and conveys to Assignee all of Assignor's right, title and interest in and to, and all claims and rights of Assignor associated with Colorado Water Court Case No. 2005CW335 concerning ONLY the water storage reservoir being developed on the Real Property and all water, water rights, reservoirs and reservoir rights associated therewith. All other rights of Assignor in such proceedings, if any, as they are applicable to properties other than the Real Property, are hereby specifically reserved and retained by Assignor. 2. Assumption. Assignee hereby assumes all liabilities, obligations, rights, title and interests granted herein from and after the date hereof. 3. Counterparts. This Assignment may be executed in counterparts, each of which shall be deemed an original, and both of which together shall constitute one and the same instrument. 4. Applicable Law. This Assignment shall be governed by and interpreted in accordance with the laws of State of Colorado. 5. Bindin Effect. ffect. This Assignment shall be binding upon and inure to the benefit of the parties hereto and their respective transferees, successors, and assigns. [SIGNATURES ON FOLLOWING PAGE] EXHIBIT H-1 02725744.2 IN WITNESS WHEREOF, the parties hereto have duly executed and sealed this Assignment as of the date set forth above. ASSIGNOR: L.G. EVERIST, INCORPORATED, an Iowa corporation By: Name Printed: Title: ASSIGNEE: TOWN OF FIRESTONE, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et sea. Name Printed: Title: EXHIBIT H-2 42725744.2 EXHIBIT A EXHIBIT I Form of Unused Capacity Agreement (Last Chance Ditch) [See following pages] EXHIBIT I 02725744.2 UNUSED CAPACITY AGREEMENT (Last Chance Ditch) THIS UNUSED CAPACITY AGREEMENT (Agreement) is entered into this day of , 201, by and between L.G. EVERIST, INCORPORATED, an Iowa corporation (LGE) and the TOWN OF FIRESTONE, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et seq. (TOF), each a Party and collectively, the Parties. RECITALS A. LGE and TOF entered into that certain Purchase and Sale Agreement dated , 201b (the Purchase Agreement) in which LGE has agreed to sell and TOF has agreed to purchase the real property described in Exhibit A attached hereto (the Real Property). B. Pursuant to the terms of the Purchase Agreement, LGE has agreed to permit TOF to use, under certain specified, limited circumstances, LGE's Excess Carriage Rights in the Last Chance Ditch. C. The Last Chance Ditch Company owns and operates for the benefit of its stockholders the Last Chance Ditch, which Last Chance Ditch diverts water from the St. Vrain River for conveyance to lands generally located to the south of the St. Vrain River, and collects tail water and groundwater and otherwise drains and conveys water from lands lying to the south of the Real Property, as well as from the Real Property itself, across lands lying to the north of the Real Property to the St. Vrain River in Weld County, Colorado. D. Subject to the terms of this Agreement, TOF desires to divert through the Last Chance Ditch, TOF's waters (appropriated, unappropriated, owned or leased for storage, recharge and/or augmentation purposes) to and from the water storage facilities located on the Real Property. AGREEMENT NOW THEREFORE, in consideration of the mutual promises of LGE and TOF set forth herein and in the Purchase Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, LGE and TOF hereby agree as follows: 1. Incorporation of Recitals. The foregoing Recitals are incorporated herein as though fully set forth. 2. Definitions. Capitalized terms not otherwise defined herein shall each have the meaning ascribed to such term in the Purchase Agreement. Capitalized terms used but not otherwise defined in this Agreement shall have the following meanings: EXHIBIT 1-1 02725744.2 (a) Excess Capacity shall mean that carrying capacity existing from time -to - time in the Last Chance Ditch above and beyond what is needed in order to carry all waters available for diversion that are called for or demanded by stockholders of the Last Chance Ditch Company (specifically including LGE) in satisfaction of their rights as stockholders. The Excess Capacity in the Last Chance Ditch may vary significantly from day-to-day, and at times there may be no Excess Capacity in the Last Chance Ditch. The amount of Excess Capacity shall be determined, from day-to-day as appropriate, by the Last Chance Ditch Company in consultation with its Superintendent or such other officials and persons as it deems appropriate. (b) Excess Carriage Rights shall mean only those pro rats rights granted to LGE by the By -Laws of the Last Chance Ditch Company, revised as of June 21, 2012, as the, same may be amended from time -to -time, or as such pro rata rights may be made subject to other requirements, reductions, operating agreements or other limitations imposed thereon by the Last Chance Ditch Company in the future (collectively the LCDC By -Laws), deriving solely from LGE's current ownership of a total of 3 1 /6`h shares of stock in the Last Chance Ditch Company, as evidenced by Stock Certificate Numbers 80, 81 and 83 issued to LGE by the Last Chance Ditch Company (which shares are not appurtenant to any portion of the Real Property), wherein the Last Chance Ditch Company (subject to the primary right of such Ditch Company to use the Last Chance Ditch for diversion of water) grants to its stockholders the right to use any Excess Capacity in the ditch, but only in proportion to the stock owned by each stockholder in the Last Chance Ditch Company, only at such times as the Last Chance Ditch has available carrying capacity and only when such ditch can safely carry additional capacity, all as determined solely by the Board of Directors of the Last Chance Ditch Company, subject to any and all liabilities, costs, limitations and requirements imposed thereon, now or in the future, by the Last Chance Ditch Company, the Water Courts of the State of Colorado and any third parties having priority over or control of the use thereof. (c) Foreign Water shall mean any and all imported or foreign water that may be developed, delivered and/or pumped into the Last Chance Ditch by TOF in connection with TOF's operation of the storage facilities located on the Real Property from time -to -time. The volume (acre feet per year) of Foreign Water and the rate of utilization (cubic feet per second) which will be permitted to be developed, delivered and/or pumped into the Last Chance Ditch by TOF might vary significantly from day-to-day, and at times there might not be any Foreign Water allowed in the Last Chance Ditch. The amount of Foreign Water available for release by TOF into the Last Chance Ditch shall be determined, from day-to-day as appropriate, by TOF in consultation with LGE and, as may be directed by LGE, directly by TOF with the Superintendent of the Last Chance Ditch Company or such other officials and persons as the Last Chance Ditch Company deems appropriate, having regard to (1) the available Secondary Excess Carriage Rights (as such term is defined below) in the Last Chance Ditch; and (2) the safe carrying capacity of the Last Chance Ditch from day-to-day. For avoidance of doubt, TOF hereby acknowledges and understands that all water developed, delivered through and/or pumped into the Last Chance Ditch by TOF pursuant to the terms of this Agreement will be considered to be Foreign Water by the Last Chance Ditch Company, whether such water is being delivered to the storage facilities located on the Real Property or whether such water is being pumped or otherwise released out of the storage facilities located on the Real Property for delivery elsewhere. EXHIBIT I-2 oz72;7aa,z (d) Secondary Excess Carriage Rights shall mean that portion of the Excess Carriage Rights at any time, and from time -to -time, which the owner of the Excess Carriage Rights (currently LGE) is not then -currently utilizing for such owner's own benefit, purpose and use during the course of, among other things, LGE's operation of the Firestone Aggregate Mining Operation and Water Storage Project. The Secondary Excess Carriage Rights are specifically subject to the prior retained right of LGE hereunder (and any successors in interest to LGE's retained rights hereunder) to utilize all or any portion of the Excess Carriage Rights for their own purposes at any time and from time -to -time. 3. Agreements Concerning Secondary Excess Carriage Rights. LGE hereby agrees that TOF may utilize the Secondary Excess Carriage Rights, subject to all of the following: (a) LGE hereby grants to TOF the right to utilize any portion of the Secondary Excess Carriage Rights at any time, and from time -to -time, that LGE does not require the use thereof subject to the terms of this Agreement. LGE hereby reserves the primary right to use all or any portion of the Excess Carriage Rights at any time and from time -to -time. The Secondary Excess Carriage Rights of TOF under this Agreement are derived in total from and are expressly subject and subordinate to LGE's rights to use all or any portion of the Excess Carriage Rights at any time and from time -to -time. However, nothing in this Agreement shall grant LGE the right to sell, lease or otherwise convey all or any portion of its primary right to use the Excess Carriage Rights to any third party purchaser, unless such conveyance of all or any portion of such Excess Carriage Rights by LGE to such third party purchaser shall specifically refer to the Secondary Excess Carriage Rights conveyed to TOF by this Agreement and shall specifically require such third party purchaser to agree and acknowledge, in writing, TOF's continuing rights to use the Secondary Excess Carriage Rights thereafter in accordance with the terms of this Agreement. (b) Prior to transporting any Foreign Water through the Last Chance Ditch, TOF will coordinate each such release with LGE or, in LGE's sole discretion, directly with the Superintendent of the Last Chance Ditch Company or such other officials and persons as the Last Chance Ditch Company deems appropriate, at least 48 hours prior to each release in order to confirm that: (i) the Secondary Excess Carriage Rights are available for use by TOF and are not then in conflict with a planned utilization of the Last Chance Ditch by any other stockholder(s) having priority of usage or, subject to the terms of this Agreement, by LGE; and (ii) each such release by TOF of Foreign Water into the Last Chance Ditch will not exceed either the Secondary Excess Carriage Rights being granted to TOF hereunder or the Excess Capacity of the Last Chance Ditch. (c) TOF hereby agrees to adhere to all rules and regulations of the Last Chance Ditch Company and to all of the LCDC By -Laws pertaining to TOF's use of any of the Secondary Excess Carriage Rights or of the Last Chance Ditch permitted hereunder. (d) TOF hereby agrees to pay to LGE (or to the Last Chance Ditch Company as may be requested by LGE) TOF's pro rata share of any and all running cost fees, or any other fees charged by the Last Chance Ditch Company to cover incremental operating, maintenance and capital costs associated with the increased utilization of the Last Chance Ditch caused by EXHIBIT I-3 02725744.2 TOF's use of any of the Secondary Excess Carriage Rights permitted hereunder, within 30 days after receipt by TOF of an invoice therefor. (e) TOF hereby acknowledges and agrees that the Secondary Excess Carriage Rights may only be utilized solely for the purpose of delivering Foreign Water into and releasing Foreign Water from the storage facilities which are currently located on (or any storage facilities which may hereafter be developed on) the Real Property by TOF, and for no other purposes without the express prior written consent of LGE, which consent may be granted or withheld in the sole discretion of LGE. (f) TOF hereby acknowledges and agrees that the maximum rate of utilization of the Secondary Excess Carriage Rights granted by LGE to TOF hereunder is further limited to 40 cfs of Excess Capacity at any one time per the conditions and limitation of Colorado Water Court Case No. 2005CW335. (g) TOF acknowledges that Foreign Water may be transported through the Last Chance Ditch only at such times where both Secondary Excess Carriage Rights and Excess Capacity are available. (h) LGE hereby agrees and acknowledges that all of the Secondary Excess Carriage Rights to be derived from LGE's current ownership of the Excess Carriage Rights associated with LGE's current ownership of 3 1/6th shares of stock in the Last Chance Ditch Company are being conveyed by LGE to TOF pursuant to this Agreement and therefore, as a result of the operation of this Agreement, LGE will have no other or additional Secondary Excess Carriage Rights remaining which could be transferred by LGE to other parties; any such additional attempted transfers by LGE to be void and unenforceable as a result of TOF's ownership of all of the Secondary Excess Carriage Rights. 4. Restriction on Transfer by LGE. No restrictions are being placed on LGE pursuant to the terms of this Agreement concerning LGE's ability to market, sell or otherwise transfer all or any fractional ownership interest in and to its existing shares of stock in the Last Chance Ditch Company (and, as may be appurtenant thereto, LGE's ownership interest in and to the Excess Carriage Rights specifically associated with such shares or fractional interest in such shares), for value to an arms -length purchaser thereof either individually, en masse, or as a part of a larger transaction as an appurtenance to other property or properties owned by LGE, provided that any such sale or transfer by LGE must be made subject to the terms of this Agreement and shall reserve for TOF, all rights and benefits granted TOF herein. However, notwithstanding the foregoing, LGE is hereby expressly prohibited from transferring to any other person or entity, any undivided partial ownership interest of either its stock in Last Chance Ditch Company or its Excess Carriage Rights i.e., no undivided partial ownership interest or interests therein shall ever be sold or otherwise transferred by LGE). 5. Assignment by TOF. The Excess Carriage Rights governed hereby may be transferred or assigned by TOF, provided that this Agreement serves only the Real Property, and that in the reasonable opinion of LGE, the proposed transferee or assignee is acceptable to LGE and is capable of and likely to carry out all of TOF's obligations hereunder. Any such EXHIBIT 1-4 02725744.2 assignment or transfer must be approved by LGE in writing prior thereto, or such assignment will not be effective against LGE. b. Default and Remedies. Any default by TOF of any term or provision of this Agreement will, at the option of LGE, cause either: (a) a suspension of TOF's rights to use the Secondary Excess Carriage Rights until such time as the default is cured; or (b) a termination of this Agreement. Upon any default by TOF, LGE will notify TOF in writing of such default, and if such default is capable of being cured by TOF (in the reasonable opinion of LGE — such as the failure to pay any monies due to be paid by TOF hereunder), LGE will provide TOF with a reasonable time to cure such default subject to the suspension by LGE of TOF's rights hereunder until such time as the default is cured by TOF. However, notwithstanding the foregoing, if the default(s) by TOF are (i) numerous and/or continuing, (ii) in the nature that such default cannot be cured by TOF in the reasonable opinion of LGE; or (iii) materially threaten LGE's continuing and superior rights to use the Excess Carriage Rights, then LGE may terminate this Agreement upon reasonable prior notice to TOF. Upon any default by LGE, TOF will notify LGE in writing of such default and will give LGE a reasonable time within which to cure such default. Failure by LGE to cure such default will give rise to a cause of action for specific performance and/or actual damages against LGE by TOF. Both LGE and TOF waive any right to request or enforce punitive or consequential damages resulting from a breach of this Agreement. 7. Limitation on LGE Liability. LGE shall have no liability for any failure to convey TOF's water through the Last Chance Ditch in accordance with the terms of this Agreement due to causes or events beyond LGE's control and without fault or negligence of LGE, including without limitation, acts of the Last Chance Ditch Company, acts of God, sudden acts of the elements such as floods, earthquakes, tornados, sabotage, vandalism, terrorism, war, fire, explosion, severe cold or hot weather, or snow. To the extent that Excess Capacity is available in the Last Chance Ditch and Secondary Excess Carriage Rights are or reasonably should be available to TOF under the terms and conditions of this Agreement, if LGE fails to allow TOF to use TOF's Secondary Excess Carriage Rights to utilize such Excess Capacity for any reasons other than the foregoing, LGE shall be in breach of this Agreement and subject to the remedies of TOF provided for herein. 8. Indemnification. To the fullest extent permitted by applicable law, TOF does hereby indemnify and agree to hold LGE harmless of, from and against any claims or causes of action by third parties against LGE for all costs, damages, fines and fees (including reasonable attorneys' fees and costs) incurred by LGE arising out of TOF's failure to use the Last Chance Ditch in accordance with the LCDC By -Laws and any other requirements therefor set forth in this Agreement, and all requirements of applicable laws and regulations regarding such use. 9. Permits and Approvals/Compliance with Laws. TOF is responsible, at its own expense, for obtaining all local, state and federal permits or approvals, and for compliance with all local, state and federal laws and regulations. TOF shall indemnify LGE for any and all costs, damages, fines and fees (including reasonable attorneys' fees) incurred by LGE as a result of TOF's failure to obtain such permits or approvals or failure to comply with all applicable laws and regulations relating to such permits or approvals. EXHIBIT I-S 02725744.2 10. Amendment. This Agreement may be modified or amended in whole or in any part only by an agreement in writing duly authorized and executed by both Parties with the same formality as this Agreement. 11. Waiver. The waiver of any breach of any provision of this Agreement by any Party shall not constitute a continuing waiver with respect to any subsequent breach of said Party, or for any other breach of the same or any other provision of this Agreement. 12. Entire Agreement. This Agreement represents the entire agreement of the Parties with respect to all matters set forth herein and neither Party has relied upon any fact or representation not expressly set forth herein. This Agreement relating to the Property supersedes all other prior agreements and understandings of any type, both written and oral, among the Parties with respect to the subject matter hereof. 13. Headings for Convenience Only. Paragraph headings and titles contained herein are intended for convenience and reference only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement. 14. Non-Severability and Effect of Invalidity. Each section of this Agreement is intertwined with the others and is not severable unless by mutual consent of the Parties. If any provision of this Agreement or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, and the basis of the bargain between the Parties is not destroyed or rendered ineffective thereby, the remainder of this Agreement, or the application of such provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby. 15. Binding Effect. This Agreement and the rights and obligations created hereby shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns, if any. 16. Governing Law and Venue. This Agreement and its application shall be construed in accordance with the laws of the State of Colorado. The Parties agree that venue for any litigated disputes regarding this Agreement shall be the District Court in and for Weld County Colorado, unless any such issues are water matters as defined by C.R.S. § 37-92-203, for which the Parties agree the venue for any litigated disputes shall be the District Court, Water Division 1. 17. Multiple Originals. This Agreement may be simultaneously executed in any number of counterparts, each of which shall be deemed original but all of which constitute one and the same Agreement. 18. Fees and Expenses and Apportionment. Except as otherwise expressly set forth in this Agreement, each of the Parties will bear its own expenses in connection with the transactions contemplated by this Agreement. 19. Joint Draft. The Parties agree they drafted this Agreement jointly with each having the advice of legal counsel and an equal opportunity to contribute to its content. EXHIBIT 1-6 02725744.2 20. Intent of Agreement. This Agreement is intended to describe the rights and responsibilities of and between the Parties and is not intended to, and shall not be deemed to, confer rights upon any persons or entities not signatories hereto, nor to limit, impair, or enlarge in any way the powers, or the regulatory authority and responsibilities of either Party or any other governmental entity not a party hereto. 21. Specific Performance Available. In addition to any other rights or remedies provided at law or in equity, in the event of litigation, mediation, arbitration or other dispute resolution process concerning this Agreement, the remedy of specific performance will be available, to the extent permitted by law, to either Party. 22. Notices. All notices, requests, demands, or other communications (collectively, Notices) hereunder shall be in writing and given by (i) hand delivery, or (ii) certified or registered mail, postage prepaid, return receipt requested to the Parties at the following address, or at such other address as the parties may designate by Notice in the above manner. If to Purchaser: Attn: with a copy to: Attn: If to Seller: L.G. Everist, Incorporated Mountain Division Office 7321 East 88th Avenue, Suite 200 Henderson, CO 80640 Attn: James A. Sittner, Assistant Secretary with a copy to: Randall G. Alt, Esq. Moye White LLP 1.400 161h Street, 6xh Floor Denver, CO 80202 Notices shall be effective: (i) upon receipt by the addressee of a hand delivery; or (ii) three days following the date of mailing via certified or registered mail, postage prepaid, return receipt requested. 23. Third Party Rights. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies whatsoever upon any person, other than LGE and TOF and their respective successors, assigns and transferees as may be allowed hereunder. [Signature page follows.] EXHIBIT I-7 02725744.2 IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the date first above written. TOF: Town of Firestone, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 e"se By: _ Name: Title: STATE OF COLORADO ss. COUNTY OF ) LGE : L.G. Everist, Incorporated, an Iowa corporation James A. Sittner Assistant Secretary The foregoing Agreement was acknowledged before me this day of , 201_, by James A. Sittner as Assistant Secretary of L.G. EVERIST, INCORPORATED, an Iowa corporation. Witness my hand and official seal. Notary Public My commission expires: STATE OF COLORADO ss. COUNTY OF ) The foregoing Agreement was acknowledged before me this day of , 201_, by as of the Town of Firestone, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et seq. Witness my hand and official seal. Notary Public My commission expires: EXHIBIT I-8 02725744.2 Exhibit A Description of the Real Property Lot B of Recorded Exemption No. 1311-6-2 RECX13-0023, recorded June 19, 2013 by the Weld County Clerk and Recorder, at Reception No. 3941557, being a part of the Northwest Quarter of Section 6, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. EXHIBIT I-9 027257442 EXHIBIT J Form of Down Payment Deed of Trust [See following pages] EXHIBIT J 02725744.2 DEED OF TRUST (Due on Sale) THIS DEED OF TRUST is made this day of , 20 , between L.G. Everist, incorporated, an Iowa corporation (Borrower), whose address is 7321 East 88th Avenue, Suite 200, Henderson, Colorado 80640; and the Public Trustee of the County in which the Property (see Paragraph 1) is situated Trustee); for the benefit of the Town of Firestone, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1- 101 et seq. (Lender), whose address is 8308 Colorado Blvd., Suite 200, Firestone, Colorado 80504, Attention: Wesley LaVanchy, Town Manager. Borrower and Lender covenant and agree as follows: 1. Property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein created, hereby grants and conveys to Trustee in trust, with power of sale, the following described property located in the County of Weld, State of Colorado, together with all of its appurtenances (the Property): See Exhibit A attached hereto and incorporated herein. 2. Note; Other Obligations Secured. This Deed of Trust is given to secure to Lender for the following: a. The repayment of the indebtedness evidenced by Borrower's Promissory Note and Evidence of Indebtedness (the Note) dated , 20 , in the principal sum of and /100s Dollars ($ ) pursuant to the terms of the Note and, by reference therein, to that certain Purchase and Sale Agreement between Borrower and Lender, dated , 2015 (the Purchase Agreement). For purposes of C.R.S. §38-39-201, the date on which the final payment of the principal sum secured by this Deed of Trust shall be , 20 b. The payment of all other sums, with simple interest thereon at four percent (4%) per annum, disbursed by Lender in accordance with this Deed of Trust to protect the security of this Deed of Trust. C. The performance of the convents and agreements of Borrower as contained in this Deed of Trust. 3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warrants title to the same, subject to those matters listed on Exhibit B attached hereto and incorporated herein. 4. Payment of Principal. Borrower shall promptly pay when due the principal of and interest (if any) on the indebtedness evidenced by the Note and shall perform all of Borrower's other covenants contained in the Note. EXHIBIT J-1 02725744.2 5. Application of Payments. All payments received by Lender under the terms hereof shall be applied by Lender first in payment of amounts disbursed by Lender pursuant to Paragraph 8 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note. 6. Prior Charges and Liens. Subject to the terms of the Purchase Agreement, Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may have or attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any, by Borrower making payment when due, directly to the payee thereof. 7. Preservation and Maintenance of Property. Subject to the terms of the Purchase Agreement, Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property. Borrower's mining of the Property for sand, gravel and aggregate as provided for under the Purchase Agreement shall not be considered to be waste, impairment or deterioration of the Property. Borrower shall perform all of Borrower's obligations under any declarations, covenants, by-laws, rules, or other documents governing the use, ownership or occupancy of the Property. 8. Protection of Lender's Security. If the Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, with notice to Borrower if required by law, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this Paragraph 8, shall become additional indebtedness of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specified in Paragraph 2(b). Nothing contained in this Paragraph 8 shall require Lender to incur any expense or take any action hereunder. 9. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefore related to Lender's interest in the Property. 10. Condemnation. Subject to the terms of the Purchase Agreement, the proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender as herein provided. However, all of the rights of Borrower and Lender hereunder with respect to such proceeds are subject to the rights of any holder of a prior deed of trust. In the event of a total taking of the Property and subject to the terms of the Purchase Agreement, the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property and subject to the terms of the Purchase Agreement, the proceeds shall be divided between Lender and Borrower, in the same ratio as the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to Borrower's equity in the Property immediately prior to the EXHIBIT J-2 02725744.2 date of taking. Borrower's equity in the Property means the fair market value of the Property less the amount of sums secured by this Deed of Trust, all at the value immediately prior to the date of taking. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages and subject to the terms of the Purchase Agreement, Borrower fails to respond to Lender within 30 days after the date such notice is given, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in Paragraph 4 nor change the amount of such installments, if any. 11. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower, nor Borrower's successors in interest, from the original terms of this Deed of Trust. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower nor Borrower's successors in interest. 12. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or remedy. 13. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from and cumulative to all other rights or remedies under the Note and this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. 14. Successors and Assigns Bound; Joint and Several Liability, Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs in this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof 15. Notice. Except for any notice required by law to be given in another manner any notice either party provided for in this Deed of Trust shall be in the manner set forth in the Purchase Agreement. 16. Governing Law; Severability. The Note and this Deed of Trust shall be governed by the law of Colorado. In the event that any provision or clause of this Deed of Trust or the Note conflicts with the law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and Note are declared to be severable. 17. Foreclosure; Other Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, Lender may invoke the power of sale and any other EXHIBIT J-3 02725744.2 remedies permitted by law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust, including, but not limited to, reasonable attorney's fees. If Lender invokes the power of sale, Lender shall give written notice to Trustee of such election. Trustee shall give such notice to Borrower of Borrower's rights as is provided by law. Trustee shall record a copy of such notice as required by law. Trustee shall advertise the time and place of the sale of the Property, for not less than four weeks in a newspaper of general circulation in each county in which the Property is situated, and shall mail copies of such notice of sale to Borrower and other persons as prescribed by law. After the lapse of such time as may be required by law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place (which may be on the Property or any part thereof as permitted by law) in one or more parcels as Trustee may think best and in such order as Trustee may determine. Lender or Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the purchaser at any such sale to see to the application of the purchase money. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. In the event the proceeds from the Trustee's Sale are insufficient to satisfy the sum secured by the Deed of Trust, Lender shall have the right to obtain a deficiency judgment against Borrower for the remainder due Lender, including costs and expenses. 18. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder, the owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest payments due as of the date of cure, costs, expenses, late charges, attorney's fees and other fees all in the manner provided by law. Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full force and effect and the foreclosure proceedings shall be discontinued. 19. Appointment of Receiver; Lender in Possession. Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property during the time covered by foreclosure proceedings and the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of Borrower or of the then owner of the Property, and without regard to the value thereof. Such receiver may be appointed by any Court of competent jurisdiction upon ex parte application and without notice such notice being hereby expressly waived. Upon abandonment of the Property, Lender, in person, by agent or by judicially - appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied, first, to payment of the costs of preservation and management of the Property, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. EXHIBIT J-4 02725744.2 20. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall cause Trustee to release this Deed of Trust and shall produce for Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory Trustee's fees. 21. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in the Property under state or federal law presently existing or hereafter enacted. 22. Transfer of the Property; Assumption. The following events shall be referred to herein as a Transfer: (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein), (ii) the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or any part thereof or interest therein); (iii) or an agreement granting a possessory right in the Property ( or any portion thereof), in excess of three (3) years, (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or receive, more than fifty percent (50%) of the controlling interest or more than fifty percent (50%) of the beneficial interest in the Borrower, (v) the reorganization, liquidation or dissolution of the Borrower. Notwithstanding the foregoing, the following shall not be included as a Transfer: (i) the creation of a lien or encumbrance subordinate to this Deed of Trust, or (ii) a transfer by devise, descent or by operation of the law upon the death of a joint tenant; or (iii) any Transfer contemplated by the terms and conditions of the Purchase Agreement. At the election of Lender, in the event of each and every Transfer: (a) All sums secured by this Deed of Trust shall become immediately due and payable (Acceleration). (b) If a Transfer occurs and should Lender not exercise Lender's option pursuant to this Paragraph 22 to Accelerate, Transferee shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trust including all sums secured hereby whether or not the instrument evidencing such conveyance, contract or grant expressly so provides. This covenant shall run with the Property and remain in full force and effect until said sums are paid in full. The Lender may without notice to the Borrower deal with Transferee in the same manner as with the Borrower with reference to said sums without in any way altering or discharging the Borrower's liability hereunder for the obligations hereby secured. (c) Should Lender not elect to Accelerate upon the occurrence of such Transfer, then, subject to (b) above, the mere fact of a lapse of time or the acceptance of payment subsequent to any such events, whether or not Lender had actual or constructive notice of such Transfer, shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped therefrom by virtue thereof. [Signature page follows.] EXHIBIT J-5 02725744.2 BORROWER- L.G. EVERIST, INCORPORATED, an Iowa corporation James A. Sittner Assistant Secretary STATE OF COLORADO ss. COUNTY OF ) This Deed of Trust was acknowledged before me this day of , 20_ by James A. Sittner as Assistant Secretary of L.G. EVERIST, INCORPORATED, an Iowa corporation. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT J-6 02725744.2 EXHIBIT A LEGAL DESCRIPTION EXHIBIT J-7 02725744.2 EXHIBIT B EXCEPTIONS TO TITLE EXHIBIT J-8 02725744.2 EXHIBIT K Form of Down Payment Promissory Note [See' following pages] EXHIBIT K 02725744.2 US $ PROMISSORY NOTE AND EVIDENCE OF INDEBTEDNESS Date: FOR VALUE RECEIVED, the undersigned Maher) promises to pay to the order of the Town of Firestone, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et sea. Holder), whose address is 8308 Colorado Blvd., Suite 200, Firestone, Colorado 80504, Attention: Wesley LaVanchy, Town Manager, the principal sum of and 1100s Dollars ($ ) such principal amount hereinafter referred to as the Indebtedness. The Indebtedness shall be payable at the office of Holder referenced above, or such other place as the holder of this Note may designate, at such time and on such terms as provided under that certain Purchase and Sale Agreement between Maker and Holder dated , 2016 (the Purchase Agreement) for the return or credit to Holder of the Down Payment (as defined in the Purchase Agreement). Except as otherwise provided herein and in the Purchase Agreement, all terms, conditions and provisions of this Note and any Deed of Trust that secures this Note shall remain in full force and effect until such time as the Down Payment is either paid in full or no longer due and owing pursuant to the terms of the Purchase Agreement. Any Deed of Trust that secures this Note shall serve as security for the payment of the entire Indebtedness evidenced by this Note including any and all extensions, renewals or modifications thereof. Maker and all other makers, sureties, guarantors, and endorsers hereby waive presentment, notice of dishonor and protest, and they hereby agree to any extensions of time of payment and partial payments before, at, or after maturity. This Note shall be the joint and several obligation of Maker and all other makers, sureties, guarantors and endorsers, and, their successors and assigns Any notice to Maker provided for in this Note shall be in writing and shall be given and be effective upon those terms and conditions provided for notices under the Purchase Agreement and addressed to Maker at the Maker's address stated below, or to such other address as Maker may designate by notice to the Holder. Any notice to the Holder shall be in writing and shall be given and be effective upon those terms and conditions provided for notices under the Purchase Agreement and addressed to the Holder at the address stated in the first paragraph of this Note, or to such other address as Holder may designate by notice to Maker. MAKER: L.G. EVERIST, INCORPORATED, an Iowa corporation James A. Sittner Assistant Secretary MAKER'S ADDRESS: L.G. EVERIST, INC. 7321 East 88th Avenue, Suite 200 Henderson, Colorado 80640 EXHIBIT K-1 02725744.2 EXHIBIT L ASSIGNMENT AND ASSUMPTION AGREEMENT (Rights Under Section 112(c) Permit) [See following pages] EXHIBIT L 02725744.2 ASSIGNMENT AND ASSUMPTION AGREEMENT (Rights Under Section I I2(c) Permit) THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this Assignment) is entered into this day of , 20—, by and between L.G. EVERIST, INCORPORATED, an Iowa corporation (Assignor) and the TOWN OF FIRESTONE, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et seq. (Assignee). Assignor and Assignee entered into that certain Purchase and Sale Agreement dated _, 2016 (the Purchase Agreement), in which Assignor has agreed to sell and Assignee has agreed to purchase the real property described in Exhibit A attached hereto (the Real PropertX). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Purchase Agreement. Pursuant to the Purchase Agreement, Assignor has agreed to assign to Assignee and Assignee has agreed to assume all of Assignor's remaining reclamation obligations associated with Assignee's existing Mine Reclamation Permit (DBMS Permit No. M-2001-017), as such permit may have been amended and/or extended (collectively Assignee's Permits). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee agree as follows: 1. Assignment. Assignor hereby assigns, transfers and conveys to Assignee all of Assignor's remaining rights, title and interest to Assignee's Permits. 2. Assumption. Assignee hereby assumes all remaining liabilities, obligations, rights, title and interests granted to Assignee by this Assignment from and after the date hereof, and Assignee hereby agrees to comply and shall comply with the requirements relating to such assumption by Assignee as provided for by C.R.S. § 34-32.5-119. 3. Counterparts. This Assignment may be executed in counterparts, each of which shall be deemed an original, and both of which together shall constitute one and the same instrument. 4. Applicable Law. This Assignment shall be governed by and interpreted in accordance with the laws of the State of Colorado. 5. Binding Effect. This Assignment shall be binding upon and inure to the benefit of the parties hereto and their respective transferees, successors, and assigns. [SIGNATURES ON FOLLOWING PAGE] EXHIBIT L-1 02725744.2 IN WITNESS WHEREOF, the parties hereto have duly executed and sealed this Assignment as of the date set forth above. ASSIGNOR: L.G. EVERIST INCORPORATED, an Iowa corporation By: Name printed: Title: ASSIGNEE: TOWN OF FIRESTONE, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et sea. By: Name printed: Title: EXHIBIT L-2 02725744.2 EXHIBIT A Description of the Real Property EXHIBIT L-3 02725744.2 EXHIBIT M Conceptual Draft of Operational Freeboard Berm [See following pages] EXHIBIT M 02725744.2 yy1� -98 ' 'dap OF ctraw+nel (roGl � Tap o� bp- -k"- $1a n �4ct 5$iG. Cn.rbo%1rA'Aty;S+*ruAyet11. I-OG y f $79i� —. �' �- -3 / • ISO A Side 1 c 4Dt' Cross Section Not to Scale Y. Sca.ll."= $°�',,,���`v�...�-^ pusnm� - b� Eme�1f1•iGonceD�ViClaifFda�in�ll __------ -� ••. ,.� "�, - ,;� �+ Carbon Vatky Sand ind fi"evnf mmv+er �.rau. Resource EXHIBIT M-1 02725744.2 EXHIBIT N Form of Acceptance of Reclamation [See following pages] EXHIBIT N 02725744.2 L.G. EVERIST, INC. 7321 F. Wm Avmn, Swe ZOO RvCa Spun Soucy 1876 Mora=%, Cawruoo E=40 Pnoser SM-2ST-96W • F,ar 303-M-134@ June 11,M RE. . Acoeptanco of Reclamation of R.G. Everist, Inc.`a � Sand and Gravel Mine, ORMS Permit M-1999-10- � Phase ands Phase Dear Ms. �: Reclamation has been completed On tho 111101111� and � Phases of L.G. Everist, lnc,'s Wr "Sand and Gravel Mine, M-1999-1k • including the slurry wall liners, backlilling, sloping, grading and seeding of the site. The slurry wall liners of both phases have passed the leak test required by the Colorado Office of the Stale Engineer (SEO) and have continued to reel the SEA design standard. aModMOMMO� The Initial seeding was completed around the upper reaches of the reservoirs In ApOl-2012. Cqples of the two SEO approval letters and the seeding invoice are attached for your refererrce, 1, �Prajects Manager, Inspected the areas on Monday, Juno 10,�, and found them to be more than satisfactory. So, with reclamation complete and Site Inspection done on Ihe�and=h �rPhases, L. G. Everist, Inc. reapoctfutiy roqupsls un acknowledgment of acceptance from 11111W to mcoive the reclaimed areas as is. As you know, L.G, Everist modified our Division of Reclarnaetion, Mining, and Safety (DRMS) reclamation permit on the 011100 she whh Technical Revision SM, In 20DB. i7me revision slates, "Modify Gnat vegetation standard to allow release prior to full vegetation establishment, all olhor redlarnallon standards remWn In effect." Of course, DBMS appreciates knowing that acreage released from the psrmit will be taken over by a reuponAla party, hence why we would like to Include this acceptance letter in our ORMS acreage release request for theme � and fkjWWjjWphasas. Thank you for acknowledging acceptance of the and qOMMONNOW Phases as is, and please return a signed copy of the letter tome so that I can include It in my release request to the ORMS, It you havo any questions, pease contact me at 303-286-2241 or by email (imshults@tgeverist.com). sinplely. 6 6Lynn • yer Shiults 09 lately Manager cc, �l:sq. Special Water Counsel fob Dennis Fields, L.G. Everist, Inc. FL•DRWI5 491117,00o EXHIBIT N-1 02725744.2 RE. Acceptance of Reclamation of L.G. Everist, Ines Sand and Gravel Mina, ARMS Permit M•1999-V- U■rtw Phase and Phase Acknowledgement: Please provide o notarized signbtrov from a repra.wntajW nl�o shot acknowledgement or approval of me rer,Jamallan as +'s orine 4� Phase and �phasa l'trjs acknowledgment mes not change ornnrNfyarry prevruusly sign9d contracts. leffees. or a9moi rants Outwoon land L,G Evsrisl, Inc. Signature , - Date G/div �Aw— Representative STAVE Of COLORADO 1 } �5 COUNTY OF Subscribed and sworn before this .�_..��day o1 ur—C.—,_ by �1 the Notary i'ut71iC <J 1iiYYl..O .� ..._. My Commission expires M I !_,T EXHIBIT N-2 02725744.2 (noiary seal) W'famomm"EWWO EXHIBIT U Form of License Agreement (Valley License) [See following pages] EXHIBIT O 02725744.2 REVOCABLE LICENSE AGREEMENT This REVOCABLE LICENSE AGREEMENT ("Agreement') is entered into this day of , 201_ by and between L.G. EVERIST, INCORPORATED, an Iowa corporation ("LGE") and the TOWN OF FIRESTONE, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et seq. ("Firestone"), each a "Party" and collectively, the "Parties." RECITALS WHEREAS, the Parties entered into a certain Purchase, Sale and Exchange Agreement dated , 2016 (the "Purchase Agreement") in which, among other things, LGE agreed to sell and Firestone agreed to purchase that certain real property described in Exhibit A attached hereto (the "Carbon Valley Property"); and WHEREAS, LGE has constructed certain "Fixtures" (as described in Exhibit B attached hereto) on a portion of the Carbon Valley Property described and/or depicted on Exhibit C attached hereto (the "License Property") to assist with its mining operations for Sand and Gravel and Reclamation Obligations thereon as those obligations are defined in the Purchase Agreement; and WHEREAS, LGE has acquired that certain real property adjacent to the Carbon Valley Property as more fully described in Exhibit D attached hereto (the `Brooks Farm Property") on which LGE proposes to conduct mining operations for Sand and Gravel similar to the those operations which LGE has recently completed on the Carbon Valley Property; and WHEREAS, LGE wi II benefit from the continued use of the Fixtures constructed by LGE on the License Property for its proposed mining operations on the Brooks Farm Property; and WHEREAS, pursuant to the terms of the Purchase Agreement, Firestone has acquired and now holds title to the Carbon Valley Property; and WHEREAS, at the conclusion of the proposed mining operations on the Brooks Farm Property, LGE's Reclamation Obligations are likely to result in a lined gravel pit and related facilities which can be used for the storage of water; and WHEREAS, Firestone wishes to acquire additional water rights and water storage facilities; and WHEREAS, Firestone wishes to grant, and LGE wishes to acquire, subject to this Agreement, a license to access and to continue to use the Fixtures located on the License Property; and WHEREAS, LGE wishes to grant, and Firestone wishes to acquire an option to purchase the Brooks Farm Property, any water rights appurtenant thereto and any lined gravel pit and EXHIBIT 0-1 02725744.2 related facilities then located on the Brooks Farm Property upon the completion of LGE's Reclamation Obligations thereon. AGREEMENT NOW, THEREFORE, for and in consideration of the foregoing Recitals, the mutual covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties hereby agree as follows: 1. Definitions. Capitalized terms used herein which are otherwise undefined shall have the respective meanings ascribed to such terms in the Purchase Agreement. 2. Grant of License. Firestone hereby grants to LGE a revocable license, beginning as of the date of this Agreement, for access to and use of the Fixtures located on the License Property in connection with LGE's mining operations for Sand and Gravel and Reclamation Obligations on the Brooks Farm Property. 3. License Term. Unless the license granted herein is otherwise revoked, the license to access and use the Fixtures located on the License Property shall remain in effect for 10 years from the date of this Agreement (the "Original Term") and may be automatically extended for an additional five-year term upon written notice thereof to Firestone by LGE prior to expiration of the Original Term. 4. Option to Purchase Brooks Farm Property. As additional consideration for the Purchase Agreement and for the revocable license granted herein, LGE, contemporaneously herewith, will grant to Firestone an exclusive option to purchase the Brooks Farm Property (the "Option") subject to the terms of Paragraph 3.1(b)(iii) of the Purchase Agreement. 5. Maintenance. Firestone shall not be responsible for the maintenance, repair, replacement or reconstruction of any of the Fixtures, and LGE shall keep all Fixtures in good repair. Before conducting any replacement, reconstruction, or deconstruction of any of the Fixtures, LGE shall notify Firestone no fewer than three days in advance. 6. Protection of Firestone's Facilities. In the exercise of its rights pursuant to this Agreement, LGE shall exercise reasonable care to prevent and avoid any damage to or interference with any of Firestone's installations, reservoirs, inlets, outlets, ditches, pipes, pumps, buildings, structures, utilities, or improvements on, under, or adjacent to the License Property. LGE shall cease all such actions causing such damage or interference promptly upon LGE's receipt of notice thereof from Firestone. LGE shall be solely responsible for any damages to the License Property caused by LGE which directly result from LGE's use and occupancy of the Fixtures on the License Property. 7. No Conveyance of Real Property. This Agreement does not convey any interest in the Carbon Valley Property. LGE agrees that it shall never claim fee ownership in the Carbon Valley Property, the License Property or any portion thereof. Aside from the rights specifically granted under this Agreement, LGE shall never claim an easement or right of way through, over, or on such lands because of or due to the construction, existence, maintenance, repair or use of EXHIBIT 0-2 02725744.2 the Fixtures, or this Agreement, through or by adverse possession, prescription, consent or otherwise. This Agreement is subject to all restrictions, reservations, rights -of -way, easements, documents or agreements affecting the License Property existing or of record in the Clerk and Recorder's office in Weld County, Colorado. Firestone makes no representation or warranties in or by this Agreement. 8. Ownership of Fixtures. Throughout the term of this Agreement, LGE shall retain title to and possession of all of the Fixtures. LGE shall be required to repair, maintain and insure the Fixtures at the sole cost and expense of LGE. Upon expiration or termination of this Agreement, LGE shall remove the Fixtures from the License Property within a reasonable amount of time thereafter, and LGE shall have the right to enter onto the License Property only for such removal purposes during the day period following such expiration or termination (the "Removal Period"). Notwithstanding the foregoing, if TOF would like certain of the Fixtures to remain on the License Property subsequent to the Removal Period, with the intended result that such Fixtures would become the property of TOF thereafter, TOF will notify LGE in writing prior to the expiration or termination of this Agreement of exactly which of the Fixtures TOF would like to obtain (the "Listed Fixtures"), and only upon mutual written agreement of the parties with respect to all matters arising in connection therewith, LGE shall remove all Fixtures except the Listed Fixtures from the License Property prior to the end of the Removal Period. Failure by LGE to remove those Fixtures which are not Listed Fixtures from the License Property during the Removal Period will result in such Fixtures becoming a trespass by LGE upon the Carbon Valley Property after the end of the Removal Period, at which time Firestone shall have the right to take legal action against LGE to force removal of such Fixtures from the Carbon Valley Property at LGE's sole cost and expense. 9. Utilities and Liens. LGE shall be responsible to pay, directly to the suppliers thereof, charges for all utilities required by LGE's use of the Fixtures located on the License Property. Additional utilities required by LGE, if any, shall be installed only in locations and according to plans approved in advance by Firestone. LGE shall not permit any mechanic's liens or other liens to be placed upon the License Property, the Carbon Valley Property or any Firestone -owned property resulting from the presence of the Fixtures thereon or relating to any materials cr services performed by or on behalf of LGE on the Fixtures, and in the case of the filing of the same, LGE will promptly obtain a release of such lien. If any such lien is not discharged (or otherwise bonded -over by LGE) to the satisfaction of Firestone within 60 days, Firestone shall have the right, but not the obligation, to pay and discharge the same and recover from LGE all payments made and all costs, attorneys' fees and other expenses incurred by Firestone. 10, Indemnity. To the extent permitted by law, LGE agrees to indemnify and hold harmless Firestone and its officers, agents, and employees from and against all liability, claims, damages, losses, and expenses, including but not limited to, attorneys' fees arising out of, resulting from, or in any way connected with, LGE's use and occupancy of the License Property, LGE's operation of the Fixtures, or with this Agreement or the rights and obligations of LGE hereunder. To the fullest extent permitted by law, Firestone agrees to indemnify and hold harmless LGE and its officers, agents and employees from and against all liability, claims, damages, losses and expenses, including but not limited to attorneys' fees arising out of, resulting from, or caused by the negligence or willful misconduct of any officer, agent or EXHIBIT 0-3 02725744.2 employee of Firestone which cause or contribute to injury or damage to persons or the Fixtures located on the License Property. 11. Insurance. LGE shall at its expense obtain, carry and maintain at all times this Agreement is in effect a policy of comprehensive public liability insurance insuring against liability arising out of or in connection with LGE's use or occupancy of the License Property. Such insurance shall be at all times in an amount of not less than $600,000 combined single limit for bodily injury and property damage. If requested by Firestone, Firestone, its officers and employees shall be named as additional insureds thereunder. 12. Non -Waiver of Immunity. Firestone 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 Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq., as from time to time amended, or otherwise available to Firestone, and its officers and employees. 13. Waiver of Breach. Waiver by either 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. 14. License Personal. This Agreement is personal to the Parties hereto, and the license herein given is personal to LGE. LGE shall not transfer or assign any rights hereunder without the prior written approval of Firestone, which approval shall be at Firestone's sole option and discretion. 15. Survival of Terms. All of the terms and conditions of this Agreement concerning release, indemnification, termination, remedies and enforcement shall survive the expiration of the term of the license granted herein and any termination of this Agreement. 16. Applicable Law. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of Colorado. 17. Venue. In the event of any litigation regarding this Agreement, the Parties agree that venue for such action shall be in Weld County, Colorado. 18. Notices. All notices and other communications 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, or by national overnight carrier, addressed to the Party for whom it is intended at its address as set forth in the Purchase Agreement. Any such notice or other communication shall be effective when received as indicated on the delivery receipt, if by hand delivery or overnight carrier; or on the United States mail return receipt, if by United States mail. Either Party may by similar notice given, change the address to which future notices or other communications shall be sent. 19. Recording. This Agreement shall not be recorded in the office of the County Clerk and Recorder of Weld County, Colorado. LGE agrees that any recording by LGE of this Agreement or any document or lis pendens in violation hereof shall be deemed a "spurious document" within the meaning of C.R.S. § 38-35-201. EXHIBIT 0-4 02725744.2 20. Force Majeure. Neither Party shall be considered to be in default in performance of any obligation herein if failure of performance shall be due to uncontrollable forces, the term '.uncontrollable forces" meaning any cause beyond the control of the Party affected, including, but not limited to, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance, labor disturbance, sabotage, and restraint by court order or public authority other than a Party hereto, which by exercise of due foresight such Party could not reasonably have been expected to avoid, and which by exercise of due diligence it is unable to overcome. 21. Relationship Between Parties. Nothing herein contained shall be deemed or constructed by the Parties hereto, nor by any third party, as creating the relationship of principal and agent, or of partnership, or of joint venture between the Parties hereto, it being understood and agreed that neither the provisions hereof nor any acts of the Parties shall be deemed to create any relationship between the Parties hereto other than the relationship of licensor and licensee. 22. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all or which together shall constitute one and the same document. 23. Revocation. Firestone hereby agrees not to revoke (and shall have no power or authority to revoke) the license granted to LGE by this Agreement without reasonable due cause for such revocation. For the purposes of this Agreement, the term "reasonable due cause" shall refer to a material, continuing and uncured default by LGE under the terms and conditions of this Agreement, subsequent to reasonable written notice of such default being given to LGE by Firestone and LGE's failure to cure such default within a commercially reasonable time thereafter. As more particularly described in the agreement evidencing the Option (as such term is defined in Section 4 hereof), Firestone's revocation of the license granted hereunder will cause an immediate termination of the Option. GRANTOR: TOWN OF FIRESTONE, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et sea. Name: Title: EXHIBIT 0-5 02725744.2 STATE OF COLORADO } } ss. COUNTY OF } The foregoing Revocable License Agreement was acknowledged before me this day of 201— by as of the Town of Firestone, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et seq. Witness my hand and official seal. My commission expires: GRANTEE: L.G. EVERIST, INCORPORATED, an Iowa corporation James A. Sittner Assistant Secretary STATE OF COLORADO ss. COUNTY OF Notary Public The foregoing Revocable License Agreement was acknowledged before me this day of 201_ by James A. Sittner as Assistant Secretary of L.G. EVERIST, INCORPORATED, an Iowa corporation. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT 0-6 02725744.2 EXHIBIT P Form of Temporary Access Mining and Reclamation Easement (Working Permit Easement) [See following pages] EXHIBIT A 02725744.2 WHEN RECORDED RETURN TO: Randall G. Alt, Esq. Moye White LLP 1400 16th Street, 6th Floor Denver, CO 80202 TEMPORARY ACCESS MINING AND RECLAMATION EASEMENT AGREEMENT THIS TEMPORARY ACCESS MINING AND RECLAMATION EASEMENT AGREEMENT (this "Easement Agreement") is made as of the day of , 201_, by and between the TOWN OF FIRESTONE, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a '`water activity enterprise" under C.R.S. 37-4.1-101 et seq., whose address is 8308 Colorado Blvd., Suite 200, Firestone, Colorado 80504, Attn: Town Manager ("Grantor'), and L.G. EVERIST, INCORPORATED, an Iowa corporation, with its Colorado corporate offices at 7321 East 881h Avenue, Suite 200, Henderson, Colorado 80640 ("Grantee'). Grantor and Grantee are sometimes referred to herein individually as a "E&!:jf" or collectively as the "Parties". RECITALS: A. WHEREAS, Grantor and Grantee have entered into that certain Purchase, Sale and Exchange Agreement effective as of , 2016 (the "Purchase Agreement"), whereby the Grantee has agreed to convey the Easement Property (as such term is defined in Recital B) to Grantor; B. WHEREAS, pursuant to the terms of the Purchase Agreement, Grantee has conveyed to Grantor, contemporaneously herewith, that certain real property more specifically described in Exhibit A attached hereto (the "Easement Property'); C. WHEREAS, Grantee has continuing rights and obligations under the Purchase Agreement with respect to the Easement Property, including but not limited to the right to conduct Grantee's processing, mining and reclamation operations thereon as contemplated by Grantee's existing mining permits applicable to the Easement Property, such activities being collectively referred to herein as "Grantee's Work"; D. WHEREAS, Grantor intends to develop a functioning trail system and open space on the Easement Property; E. WHEREAS, Grantee desires to obtain from Grantor, and Grantor desires to grant to Grantee, an easement on, over, through, under and across the Easement Property for the purpose of conducting and completing Grantee's Work on and within the Easement Property (all as more specifically described in Section 1 below); EXHIBIT P-1 02725744.2 EASEMENT: NOW, THEREFORE, for and in consideration of the foregoing recitals and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby confessed and acknowledged, Grantor and Grantee agree as follows: 1. GRANT OF EASEMENT. Grantor does hereby declare, establish and create for the benefit of Grantee and Grantee's agents, employees, contractors, concessionaires, representatives, successors and assigns, a temporary, non-exclusive easement (the "Easement") on, over, through, across and under the Easement Property for the purposes of: (a) conducting, installing, constructing, locating, surveying, maintaining, altering, repairing, replacing, using, operating, controlling, and inspecting Grantee's Work; and (b) all access, ingress and egress reasonably necessary to accomplish the foregoing (collectively, the "Easement Activities"). 2. TERM. The Easement shall commence on the date first written above and shall terminate on the earlier of: (a) the date that Grantee completes the reclamation of the Easement Property in accordance with requirements of all applicable regulatory agencies including, but not limited to the requirements of the Colorado Division of Reclamation Mining and Safety, or its predecessor, the Colorado Division of Minerals and Geology, and any applicable town or county land use regulations; or (b) the date that Grantee receives a release of all reclamation bonds posted in connection with the Easement Property as required by the regulatory agencies referenced in the preceding subsection (the "Term"). Grantee hereby agrees that, following the end of the Term of the Easement Agreement and upon Grantor's request, Grantee shall execute such documentation as may be necessary to evidence the termination of this Easement Agreement. 3. COVENANTS OF GRANTEE. In exercising the rights granted hereunder, performing the Easement Activities, and otherwise accessing the Easement Property, Grantee agrees to each of the following covenants: 3.1 Except for conducting and completing the Easement Activities, which shall be specifically permitted if performed in accordance with the terms of the applicable governmental permits and regulations, Grantee shall protect the Easement Property and any adjacent lands of Grantor or others from damage caused in whole or in part by acts or omissions of Grantee, its agents, employees, contractors, concessionaires, representatives, successors and assigns (collectively, and together with Grantee, "Grantee's Responsible Parties"). For purposes of clarification, any owners or operators (or any agents, employees or invitees thereof) of natural gas pipelines or any oil and gas drilling, exploration or production equipment which may be located on the Easement Property (or any adjacent or contiguous properties), if any, will not be included within or associated with Grantee's Responsible Parties. Grantee shall clean, cure, repair and correct any such damage caused by any of Grantee's Responsible Parties to any elements of the Easement Property or the above referenced adjacent lands, including, but not limited to, any utilities, structures and other improvements situate therein or thereon, and shall keep all of such property reasonably clean and reasonably clear of equipment, building materials, dirt, debris, and similar materials deposited or caused to be deposited thereon by any of Grantee's Responsible Parties in excess of those required to conduct and complete Grantee's Work on the Easement Property. EXHIBIT P-2 02725744.2 3.2 All Easement Activities shall be performed at Grantee's sole cost and expense. 3.3 Grantee's Responsible Parties shall enter onto the Easement Property and utilize the Easement granted hereunder at their own risk and they further assume all risks related to the same. Grantor shall have no liability to Grantee's Responsible Parties for any and all claims, damages, losses, liens, costs, liabilities, fines, and expenses (including reasonable attorneys' fees and court costs), damage to or destruction of property, and death of or injury to any person related to or arising from entry onto the Easement Property and Grantor is hereby irrevocably and forever released from the same. 3.4 In all actions undertaken on the Easement Property by any of Grantee's Responsible Parties, all work shall be completed in a workmanlike manner, free of all liens (including mechanic's liens) and encumbrances on the Easement Property. 3.5 Grantee shall not cause, or permit to be caused by any of Grantee's Responsible Parties, any Hazardous Materials (as defined below) to be transported to, or dumped, spilled, released, permanently stored, or deposited on, over or beneath the Easement Property or any other lands owned by Grantor. "Hazardous Materials" means substances, materials or waste the generation, handling, storage, treatment or disposal of which is regulated by any local, state or federal government authority or laws, as a "hazardous waste," "hazardous material," "hazardous substance," "pollutant" or "contaminant" and including, without limitation, those designated as a "hazardous substance" under Section 311 or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. Secs. 1321, 1317), defined as a "hazardous waste" under Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C. Sec. 6903), or defined as a "hazardous substance" under Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Sec. 9601), and, including, without limitation, petroleum products and byproducts, PCBs and asbestos. 3.6 Grantee shall comply with all applicable federal, state and local laws, rules and ordinances in connection with its use of the Easement Property and has or shall obtain all permits and approvals required by applicable governmental or quasi -governmental entities in connection with Grantee's Easement Activities and use of the Easement Property as permitted hereunder. 3.7 The Easement and rights granted herein shall not be used in such a manner as to violate any county regulation, town ordinance or state or federal law, rule or regulation. 3.8 Grantee shall utilize the Easement in such a manner reasonably necessary in Grantee's sole discretion to conduct and complete Grantee's Work on the Easement Property in accordance with the terms of the applicable governmental regulations and permits. 4. OBLIGATIONS. 4.1 Grantor shall not disturb or impede in any manner Grantee's completion of Grantee's Work to the extent that Grantee's Work is performed in accordance with the terms of this Easement Agreement and the applicable governmental regulations and permits; Grantor hereby acknowledging that any entry onto the Easement Property by Grantor (or any employee, agent, representative or contractor of Grantor) must be coordinated with Grantee and will be EXHIBIT P-3 02725744.2 subject to Grantee's requirements therefor and all applicable federal, state and local laws and regulations applicable thereto, and to any of Grantee's permits which are applicable to the Easement Property before such entry will be allowed by Grantee. 4.2 Grantee shall indemnify and hold Grantor harmless from and against any damage that may be incurred by Grantor as a result of the activities of Grantee under the Easement. 5. GENERAL PROVISIONS. 5.1 Easement to Run with Land. This Easement Agreement, including the Easement and all other covenants, agreements, rights and obligations created hereby, shall run with the Easement Property, and shall be binding on and inure to the benefit of all persons having or acquiring fee title to the Easement Property, all upon the terms, provisions and conditions set forth herein. The rights granted hereunder to Grantee are personal to Grantee and may not be assigned by Grantee without Grantor's prior written consent. 5.2 Successors and Assigns. This Easement Agreement shall be binding on Grantor's and Grantee's respective successors and assigns; provided, however, that Grantee may not assign this Easement Agreement or its rights or delegate its obligations hereunder except as provided in Section 4.1 above. 5.3 Section Headings. The Section headings herein are inserted only for convenience and reference and shall in no way define, limit, or prescribe the scope or intent of any provisions of this Easement Agreement. 5.4 Severability. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and whenever there is any conflict between any provision herein and any present or future statute, law, ordinance or regulation contrary to which the Parties have no legal right to contract, the latter shall prevail, but the provision of this Easement Agreement affected shall be limited only to the extent necessary to bring it within the requirements of such statute, law, ordinance or regulation. 5.5 Counterparts. This Easement Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all such counterparts taken together shall be deemed to constitute one and the same instrument. 5.6 Governing Law. The terms and provisions of this Easement Agreement, and the interpretation and enforcement thereof, shall be governed by the laws of the State of Colorado, to which all Parties consent to venue and jurisdiction. 5.7 Waiver. No term or condition of this Easement Agreement will be deemed to have been waived or amended unless expressed in writing, and the waiver of any condition or the breach of any term will not be a waiver of any subsequent breach of the same or any other term or condition. 5.8 Amendment. This Easement Agreement may not be amended or terminated except by a written instrument signed by the fee-owner(s) of the Easement Property and the Grantee. EXHIBIT P-4 02725744.2 5.9 Entire Agreement. This Easement Agreement, together with the exhibits attached hereto and the applicable provisions of the Purchase Agreement, contains the entire agreement of the Parties with respect to the subject matter hereof and no prior written or oral agreement shall have any force or effect or be binding upon the Parties. This Easement Agreement shall be binding upon, and inure to the benefit of, the Parties, their heirs, executors, personal representatives, nominees, successors or permitted assigns. 5.10 Notices. All notices, requests, demands, or other communications (collectively, "Notices") hereunder shall be in writing and given by (i) established express delivery service which maintains delivery records requiring a signed receipt, (ii) hand delivery, or (iii) certified or registered mail, postage prepaid, return receipt requested to the Parties at the following address, or at such other address as the parties may designate by Notice in the above manner. If to Grantee: L.G. Everist, Inc. Mountain Division Office 7321 East 88th Avenue, Suite 200 Henderson, CO 80640 Attn: lames A. Sittner, Assistant Secretary With a copy to: Moye White LLP 1400 16th Street, Suite 600 Denver, CO 80202 Attn: Randall G. Alt, Esq. If to Grantor: Town of Firestone 8308 Colorado Blvd., Suite 200 Firestone, CO 80504 Attn: Town Manager With a copy to: Lawrence Jones Custer Grasmick, LLP 5245 Ronald Reagan Blvd., Suite 1 Johnstown, CO 80534 Attn: Bradley C. Grasmick, Esq. Notices shall be effective (x) upon receipt if sent by an established express delivery service which maintains delivery records requiring a signed receipt, (y) upon receipt of a hand delivery, or (z) three days following the date of mailing via certified or registered mail, postage prepaid, return receipt requested. 5.11 Default. If any Party breaches any provision of this Easement Agreement and fails to cure such breach within 10 days after written notice thereof, the non -breaching Party shall be entitled to any and all remedies, legal or equitable, which may be available including, without limitation, specific performance. All such remedies, including those set forth in this Easement Agreement, shall be cumulative. EXHIBIT P-5 02725744.2 5.12 No Attorney's Fees or Costs. In the event of any litigation, mediation, arbitration or other dispute resolution process arising out of this Easement Agreement, the Parties agree that each shall be responsible for their own costs and fees associated with any such legal action. 5.13 Authority to Execute. Each person executing this Easement Agreement represents and warrants that he is duly authorized to execute this Easement Agreement by the Party on whose behalf he is so executing. 5.14 Recordation. Either Party may record this Easement Agreement against the Easement Property in the appropriate jurisdiction. Notwithstanding the foregoing, in the event this Easement Agreement is terminated and either Party desires to record an instrument evidencing such termination, the Parties shall prepare, execute and record, at the shared expense of both Parties, any reasonable instrument necessary to release this Easement Agreement of record. 5.15 Disclaimer of Joint Venture. This Easement Agreement is not intended to create a joint venture, partnership or agency relationship between Grantor and Grantee, and such joint venture, partnership, or agency relationship is specifically hereby disclaimed. 5.16 Incorporation of Recitals. The above Recitals are true and correct and incorporated herein. 5.17 Construction. The Parties have participated jointly in the negotiation and drafting of this Easement Agreement. In the event an ambiguity or question of intent or interpretation arises, this Easement Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Easement Agreement. [Signature pages follow.] EXHIBIT P-6 02725744.2 IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement on the date first above written. :: L 119A TOWN OF FIRESTONE a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et seq. By:_ Name: Title: STATE OF COLORADO ) ss. COUNTY OF ) The forgoing Agreement was acknowledged before me this day of 201_ by , as of the Town of Firestone, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-4.1-101 et seq. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT P-7 02725744.2 GRANTEE: L.G. EVERIST, INCORPORATED, an Iowa corporation James A. Sittner Assistant Secretary STATE OF COLORADO } } ss. COUNTY OF ) The foregoing Easement Agreement was acknowledged before me this day of _ , 20 , by James A. Sittner as Assistant Secretary of L.G. EVERIST, INCORPORATED, an Iowa corporation. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT P-8 02725744.2 EXHIBIT A Legal Description of Easement Property [To be inserted.] EXHIBIT P-9 02725744.2 EXHIBIT Q Depiction of the Portion of LGE's Brooks Farm Property Which Will Be Subject to the Valley Option [See following page] EXHIBIT Q 02725744.2 ^'+" K jo >1;t M t d n k � z�• FIRESTONE BOARD OF TRUSTEES WORK SESSION AGENDA October 19, 2016 7:00 P.M. 151 Grant Avenue Firestone, CO 80520 1. Call to Order 2. Discussion a. Organizational Structure Update 7:00 — 8:30 p.m.* b. Future Agenda items 8:30 — 8:45 p.m.* 3. Adjournment *Disclaimer: The noted start / end time is estimated and for time management purposes only. Actual start/ end times may vary. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 9.16.050 OF THE FIRESTONE MUNICIPAL CODE CONCERNING LOITERING WHEREAS, the Board of Trustees previously adopted Section 9.16.050 of the Firestone Municipal Code setting forth a prohibition against loitering; and WHEREAS, the Board of Trustees desires to amend Subsections 9.16.050.B.2 and B.3 of the Firestone Municipal Code regarding loitering. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsections 9.16.050.B.2 and 9.16.050.B.3 of the Firestone Municipal Code are hereby amended as follows (words to be added are underlined; words to be deleted are s#iekea thougli): 2. Loiters for the purpose of unlawful gambling with cards; or dice. er ethe� gambling p"heFRali or 3. Loiters for the purpose of engaging or soliciting another person to engage in prostitution ; Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRO,UCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of kpte, , 2016. `RES_TQN TOWN OF FIRESTONE, COLORADO TOWN �''�, . SEAL o tcloli;� ,f�Q Paul Sorensen, Mayor ..•f `�rC3TY,.,AU EST: ss$Mcina. Town Clerk ORDINANCE NO. ?;ql AN ORDINANCE AMENDING CHAPTER 9.16 AND SECTION 12.16.070 OF THE FIRESTONE MUNICIPAL CODE CONCERNING SOLICITATION WHEREAS, the Board of Trustees finds and declares that it is the right of every person to be secure and protected from intimidation and physical harm resulting from activities associated with solicitation; and WHEREAS, this Ordinance does not interfere with the exercise of constitutionally protected rights of freedom of expression, speech and association; and WHEREAS, the Board of Trustees has previously adopted an ordinance codified at Section 12.16.070 of the Firestone Municipal Code making it unlawful for solicitation on or near highways in order to prevent dangers to persons and property; and WHEREAS, the Board of Trustees desires to protect the health, safety, and welfare of all people in the Town of Firestone; and WHEREAS, the Board of Trustees desires to amend the Firestone Municipal Code to add provisions to prohibit aggressive solicitation and amend provisions regarding solicitation on or near streets or highways. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 9.16 of the Firestone Municipal Code is hereby amended by the addition of a new Section 9.16.080 to read as follows: 9.16.080 -- Aggressive Solicitation. A. It shall be unlawful to engage in Aggressive Solicitation. As used in this Section, Aggressive Solicitation means any form of solicitation that includes any of the following activities: 1. Knowingly touching or causing physical contact with another person without that person's consent during the course of solicitation. 2. Using violent, threatening, intimidating, coercive or aggressive gestures or conduct toward a person during the course of solicitation or in response to a refusal by any person to give money. 3. Using fighting words or directing violent or obscene verbal or written language toward any person during the course of solicitation or in response to a refusal by any person to give money. 4. Taking any action that obstructs or blocks a public sidewalk, doorway, entryway or other passage way used by pedestrians in a public place or that obstructs the passage or the travel of any person during the course of solicitation in a manner that requires them to take evasive action to avoid physical contact with any person. B. It shall be unlawful for any person to engage in Aggressive Solicitation in any public place within the Town. C. Nothing contained in this Section shall apply to or limit any solicitation that is conducted solely by passively standing or sitting with a sign or other indication that one is seeking donations, without approaching or directing a request to any specific person. Section 2. Section 12.16.070 of the firestone Municipal Code is hereby amended to read as follows (words to be deleted are stfieken though); words to be added are underlined): 12.16.070 — Solicitation on or near streets or highways. A, The purpose of this Section is to prevent dangers to persons and property, to prevent delays and to avoid interference with the traffic flow. 81feets and highways that have eenter- medians often are designed to dealwithspeeifie tmffie flow r-ob'erns: Any delay or distraction may interfere with traffic planning. Sometimes persons stand near intersections and near lights to contact drivers or passengers in cars that are passing or that are stopped temporarily due to traffic lights or other traffic control signals. B. It is unlawful for any person to solicit employment, business, contributions or sales of any kind, or collect monies for the same, from the occupant of any vehicle traveling upon any street or highway when: 1. Such solicitation or collection causes the person performing the activity to enter onto the traveled portion of a street or highway. 2 -32. The person performing the activity is located such that vehicles cannot move into a legal parking area to safely conduct the transaction. empieyment, business kind 4efn or- eeatr-ibatiefts of any the eeeupam of . DC. For purposes of this Section, the "traveled portion of the street or highway" shall mean that portion of the road normally used by moving motor vehicle traffic. Q. Any person who violates any provision of this Section shall be subject to the penalty provided in Section 1.16.010. Section 3. The Board of Trustees hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the Town of Firestone, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Board of Trustees further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section S. The repeal or modification of any portion of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. 3 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of tjpLP, 2016. CSTO/v Ik,�OW� o 0 ATTE T:{ri �< r 0 i Carissa Medina, Town Clerk TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor ORDINANCE NO. OaO AN ORDINANCE ENACTING CHAPTER 13.05 OF THE FIRESTONE MUNICIPAL CODE REGARDING REGULATION OF CROSS -CONNECTIONS AND BACKFLOW PREVENTION WHEREAS, the Town of Firestone operates and maintains a public water system; and WHEREAS, the Board of Trustees has previously adopted regulations governing water service within the Town, with such regulations being set forth in Chapter 13 of the Firestone Municipal Code; and WHEREAS, C.R.S. § 25-1-114, C.R.S. § 25-1-114.1, Section 39 of 5 CCR 1002-11, the Colorado Primary Drinking Water Regulations, and the Colorado Plumbing Code grant the Town of Firestone authority to implement regulations protecting the public water system from contaminants or pollutants that could enter the distribution system by backflow from a property owner's water supply system through the service connection; and WHEREAS, the Board of Trustees desires to protect the public water supply of the Town from the possibility of contamination or pollution by isolating or containing within the internal distribution systems or private water systems of property owners such contaminants or pollutants that could backflow into the public water system; and WHEREAS, the Board of Trustees has determined that in the interest of preserving and protecting the public health, safety and welfare, it is necessary to adopt regulations relating to connections to the Town's public water system, requiring backflow prevention; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Title 13 of the Firestone Municipal Code, is hereby amended by the addition of a new Chapter 13.05, "Cross -Connections," to read as follows: Chapter 13.05 Cross -Connections 13.05.010 Authority and Applicability. 13.05.020 Definitions. 13.05.030 Requirements. 13.05.040 Violations and Penalties. 13.05.010 Authority and Applicability. A. Authority. The authority to implement the requirements in this chapter is contained in the following statutes, regulations and acts: Sections 25-1-114 and 25-1-114.5 of the Colorado Revised Statutes (C.R.S.), Section 39 of 5 CCR 1002-11, Colorado Primary Drinking Water Regulations, and the Town plumbing code. 1. The Public Works Department shall have the authority to perform at its discretion on -site inspections of properties to ensure compliance with this chapter, and may inform the property owner by letter of any corrective action deemed necessary, the method of correction, and the time allowed for correction, and compliance with this chapter shall be a condition of service. Up to 120 days will be allowed for correction but such period may be shortened depending upon the degree of hazard (pollutant or contaminant) involved. 2. The Public Works Department shall have the authority to survey all service connections within the distribution system to determine if the connection is a cross -connection. 3. The Public Works Department shall have the authority to control all service connections within the distribution system if the connection is a cross -connection. 4. The Public Works Department may control any service connections within the distribution system in lieu of a survey as long as the service connection is controlled with an air gap or reduced pressure zone backflow prevention assembly. 5. The Public Works Department may collect fees for the administration of the requirements of this chapter. 6. The Public Works Department shall maintain records of cross -connection surveys and the installation, testing and repair of all backflow prevention assemblies installed for containment and containment by isolation purposes. 7. Except as otherwise provided herein, the Public Works Department shall administer, implement and enforce the provisions of this chapter. B. Applicability. 1. This chapter applies to all commercial, industrial and multi- family residential service connections within the Town's public water system and to any persons outside the Town who are, by contract or agreement with the public water system, users of the public water system. 2 2. This chapter further applies to any single-family residential service connection having a cross -connection at the single-family connection, but otherwise does not apply to single-family residential service connections. 3. This chapter applies to fire sprinkler systems except for such systems existing as of the adoption of this chapter for which the installation of a backflow prevention assembly or method will compromise the integrity of the existing fire sprinkler system. This chapter shall apply in the event of any upgrade or replacement of such an existing system. 13.05.020 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings set out in this section: A. "Air Gap" means a physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non - pressure receiving vessel installed in accordance with standard AMSE A112.1.2. B. "Backflow" means the undesirable reversal of the direction of flow of water or mixtures of water and other liquids, gases, or other substances into the public water system from any source or sources other than its intended source. C. "Backflow Contamination Event" means backflow into a public water system from an uncontrolled cross -connection such that the water quality no longer meets the Colorado Primary Drinking Water Regulations or presents an immediate health or safety risk to the public. D. "Backflow Prevention Assembly" means any mechanical assembly installed at a water service line or at a plumbing fixture to prevent a backflow contamination event, provided that the mechanical assembly is appropriate for the identified contaminant at the cross connection and is an in -line field -testable assembly. E. "Backflow Prevention Method" means any method or non -testable device installed at a water service line or at a plumbing fixture to prevent a backflow contamination event, provided that the method or non -testable device is appropriate for the identified contaminant at the cross connection. F. "Certified Cross -Connection Control Technician" means a person who possesses a valid Backflow Prevention Assembly Tester certification 3 from one of the following approved organizations: American Society of Sanitary Engineering (A.S.S.E.) or the American Backflow Prevention Association (A.B.P.A.). if a certification has expired, the certification is invalid. G. "Containment" means the installation of a backflow prevention assembly or a backflow prevention method at any connection to the public water system that supplies an auxiliary water system, location, facility, or area such that backflow from a cross -connection into the public water system is prevented. H. "Containment by Isolation " means the installation of backflow prevention assemblies or backflow prevention methods at all cross connections identified within a property owner's water system such that backflow from a cross -connection into the public water system is prevented. 1. "Controlled" means having a properly installed, maintained, and tested or inspected backflow prevention assembly or backflow prevention method that prevents backflow through a cross -connection. J. "Cross -Connection" means a connection or potential connection between any part of the Town's public water system and any other environment containing other substances in a manner that, under any circumstances would allow such other substances to enter the Town's public water system. Other substances may be gases, liquids, or solids, such as chemicals, waste products, steam, water from other sources (potable or non -potable), or any matter that may change the color or add odor to the water, creating an unacceptable health or safety risk to the public. K. "Multi -Family" means a single residential connection to the public water system's distribution system from which two or more separate dwelling units are supplied water. L. "Public Works Department" means the Town of Firestone Public Works Department acting by and through the Director of Public Works and any of such Department's or Director's designees, employees or authorized agents or contractors. M. "Single -Family" means a single dwelling which is occupied by a single family and is supplied by a separate service line; or a single dwelling comprised of multiple living units where each living unit is supplied by a separate service line. 4 N. "Uncontrolled" means not having a properly installed and maintained and tested or inspected backflow prevention assembly or backflow prevention method, or the backflow prevention assembly or backflow prevention method does not prevent backflow through a cross - connection. O. "Water Supply System " means a water distribution system, piping, connection fittings, valves and appurtenances within a building, structure, or premises. 13.05.030 Requirements. A. Property Owner Responsibility. Property owners shall be responsible at their expense for the elimination or protection of all cross - connections (known or unknown by the Public Works Department) on their premises by a backflow prevention assembly or backflow prevention method. Commercial, industrial and multi -family service connections shall be subject to a survey for cross -connections. if a cross -connection has been identified, an appropriate backflow prevention assembly or backflow prevention method shall be installed at the property owner's water service connection within 120 days of its discovery. The assembly shall be installed downstream of the water meter or as close to that location as deemed practical by the Public Works Department. If the assembly or method cannot be installed within 120 days, the Public Works Department is required and shall have the right to take action to control or remove the cross -connection, or suspend water service to the cross -connection, or both. The Public Works Department may further, at its option, pursue receipt of an alternative compliance schedule from the Colorado Department of Public Health and Environment. B. New Connection. All new connections to the Town's water system shall have an approved backflow prevention assembly accepted and approved by the Public Works Department. The Public Works Department will conduct an on -site evaluation and plan review, or both, in order to determine the type of backflow prevention assembly that will be required as a condition of service. All new connections requiring a backflow prevention assembly shall be inspected and tested by a Certified Cross - Connection Control Technician at the expense of the property owner of the premises to be served by such connection. C. Testing. All backflow prevention assemblies shall be tested at the time of installation and on an annual schedule thereafter. Such tests must be conducted by a Certified Cross -Connection Control Technician using the latest test procedures as specified by one of the following councils: American Society of Sanitary Engineering (A.S.S.E.) or the American Backflow Prevention Association (A.B.P.A.). 5 1. Property owners shall annually submit to the Public Works Department a verification of such test results at the direction of the Public Works Department. The tests shall be made at the expense of the property owner. 2. Any backflow prevention assemblies or methods that are non -testable, shall be inspected at least once annually by a Certified Cross -Connection Control Technician. The inspections shall be made at the expense of the property owner. 3. Backflow prevention assemblies or methods shall be tested by a Certified Cross -Connection Control Technician upon installation and tested at least annually thereafter. 4. As necessary, backflow prevention assemblies or methods shall be repaired and retested or replaced and tested at the expense of the property owner whenever the assemblies or methods are found to be defective. 5. Testing gauges shall be tested and calibrated for accuracy at least once annually. 6. The Public Works Department shall have the right to require inspection, testing, maintenance and as needed repairs and replacement of all backflow prevention assemblies and methods, and of all required installations within the owner's plumbing system in the cases where containment assemblies and or methods cannot be installed. 7. All costs for design, installation, maintenance, testing and as needed repair and replacement are to be borne by the property owner. D. Record Keeping. 1. Copies of records of test reports, repairs and retests, or replacements shall be kept by the property owner for a minimum of three (3) years. 2. Copies of records of test reports, repairs and retests shall be submitted to the Public Works Department by mail, facsimile or e- mail by the testing company or testing technician. E. Right of entry. Representatives of the Public Works Department shall have the right of entry to survey any and all buildings and premises CI for the presence of cross -connections for possible contamination risk to and for determining compliance with this chapter. This right of entry shall be a condition of water service in order to protect the health, safety and welfare of customers throughout the public water system's distribution system. F. Compliance. Property owners shall cooperate with the installation, inspection, testing, maintenance, and as needed repair and replacement of backflow prevention assemblies and with the survey process. 1. For any identified uncontrolled cross -connections, the Public Works Department shall have the right to complete and require the completion one of the following actions within 120 days of its discovery: a. Control the cross -connection; b. Remove the cross -connection; C. Suspend water service to the cross -connection. 2. The Public Works Department shall give notice in writing to any owner whose plumbing system has been found to present a risk to the public water system's distribution system through an uncontrolled cross -connection. The notice and order shall state the action the owner must take to comply with this chapter, including without limitation that that the owner install a backflow prevention assembly or method at each service connection to the owner's premises to contain the water service. The notice and order will give a date by which the owner must comply. 3. If, after notice in writing of a property owner's failure to comply with a provision of this chapter, the owner fails to comply with the order or fails to allow access to a premises for inspection, immediate suspension of water service will occur; provided, however, that the Public Works Department at its discretion may grant no more than an additional ten (10) days to comply with said notice. 4. .Failure to allow access by the property owner to a premises for inspection by the Public Works Department will automatically result in a violation of this chapter, and the Public Works Department may, if it determines it in its discretion that an imminent health hazard exists, suspend water service to the building or premises. 5. Emergency Disconnection. The Public Works Department in its discretion may suspend water service or sever a service N connection if the degree of hazard warrants such action in order to protect the Town's public water supply. Such suspension or disconnection of water service may be summary, immediate, and without written notice whenever, in the judgment of the Public Works Department, such action is necessary to protect the Town's public water supply or the distribution system. 6. Appeal of any compliance order or notice of water service suspension issued pursuant to this chapter shall be directed to the Public Works Director, but shall not stay the execution of the order or suspension of water service by the Public Works Department in order to protect the Town's public water supply. A property owner may appeal in writing to the Public Works Director within five (5) days of the date of the Public Works Department's issuance of the compliance order or notice of suspension of water service. The Public Works Director shall hold a hearing following the filing of such appeal at the office of the Public Works Director. The hearing must be held within seven (7) days of the date of the filing of such appeal, at which time the property owner may present any and all evidence, testimony and information relevant to the appeal. The Public Works Director shall, within five (5) days of the appeal hearing, issue his decision either affirming the decision of the Public Works Department or directing the Public Works Department to reverse or modify the compliance order or suspension of water service, subject to the reasonable terms and conditions as outlined in this chapter. G. Conflict with other codes. If a dispute or conflict arises between this Chapter, the Town plumbing code and any plumbing, mechanical, building, electrical, fire or other code adopted by the State or Town, then the most stringent provisions of each respective code shall prevail. 13.05.040 Violations and Penalties. A. Any person who violates any of the provisions of this chapter shall be guilty of a municipal offense, and be subject to the penalty provided in section 1.16.010, in addition to any other penalties and remedies set forth in this chapter. B. Civil liability for expenses. Any property owner violating the provisions of this chapter or any applicable state regulations regarding protecting the public water system from contaminants or pollutants that could enter the distribution system by backflow from the property owner's water supply system through the service connection, shall be liable for any expense, loss, or damage caused the Town by reason of such violation, including without limitation the increased costs, if any, for 8 managing the water system or effluent resulting from such contamination. C. Injunctive relief. The Town may petition the district court for injunctive relief restraining any person from the continued violation of this chapter. Section 2. If any portion of this ordinance is held to be invalid for any reason, such decisions shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. The repeal or modification of any provision of the Firestone Municipal Code by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRQPUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of Q�QQ .j /I/ , 2016. TOWN OF FIRESTONE, COLORADO rowt�t sT: s SEA 10 MA 1 Carissa Medina, Town Clerk ORDINANCE NO. � of AN ORDINANCE APPROVING A WATER LEASE WITH THE CITY OF LOVELAND FOR THE TOWN OF FIRESTONE TO LEASE UNITS OF WINDY GAP WATER FOR MUNICIPAL USES WITHIN THE TOWN WATER SERVICE AREA 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. (the "Town"), owns and operates a potable water system and related facilities; and WHEREAS, the Board of Trustees of the Town, which is the governing body of the enterprise (the "Board"), finds and determines that it is in the best interest of the Town and its citizens for the Town to pursue the leasing of additional water rights in order to expand the Town's water resources; and WHEREAS, for such purpose, the Town desires to lease from the City of Loveland, Colorado (the "City") units of water in the Windy Gap Project of the Municipal Subdistrict of the Northern Colorado Water Conservancy District ("Windy Gap"), for municipal uses within the Town's water service area; and WHEREAS, the City is the owner of Windy Gap units which may be used for municipal purposes and is willing to lease Windy Gap water to the Town; and WHEREAS, there has been proposed between the Town and City a Water Lease for the Town's leasing on a temporary basis of units of Windy Gap, which Water Lease will provide the Town with additional water supplies while it continues pursuing development of other water sources, including the Town's continued participation in the Northern Integrated Supply Project ("NISP"); and WHEREAS, the Board by this ordinance desires to approve the Water Lease, authorize its execution, and authorize other actions in connection with said leasing of Windy Gap water under the Water Lease. NOW, THEREFORE, BE IT ORDAINED 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 ordinance. Section 2. The proposed Water Lease between the Town of Firestone and the City of Loveland, for the Town's leasing of not greater than 300 acre-feet per year of Windy Gap water, is hereby approved in essentially the same form as the copy of such Water Lease accompanying this Ordinance. Section 3. The Mayor and Town Clerk are hereby authorized to execute and deliver the Water Lease on behalf of the Town; provided, however, that the Mayor is hereby further granted the 1 authority to negotiate and approve such revisions to the Water Lease as the Mayor determines are necessary or desirable for the protection or best interests of the Town, so long as the essential terms and conditions of the Water Lease are not altered. The execution of the Water Lease by the Mayor and Town Clerk shall be conclusive evidence of the approval by the Board of the Water Lease in accordance with the terms hereof and thereof. Section 4. The Mayor, Town Clerk, Town Manager and other officers, employees and agents of the Town are further authorized to execute and deliver all documents necessary in connection with the leasing of Windy Gap water under the Water Lease, and to do all things necessary on behalf of the Town to perform the obligations of the Town under the Water Lease, including without limitation the execution and delivery of all documents required by the Municipal Subdistrict of the Northern Colorado Water Conservancy District to effect the Town's use of water under the Water Lease. Section 5. All action heretofore taken (not inconsistent with the provisions of this ordinance) by the Board or the officers or agents of the Board or the Town relating to the Water Lease is hereby ratified, approved and confirmed. Section 6. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. INTRODUCED, READ, PASSED ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this ly t", day of ��eg„„��f 12016. TO 9_� c ATTEST: Oc r C. / O¢ l Af1�1 A —A �'NTv• ca Caris'sQN edina, Town Clerk TOWN OF FIRESTONE, COLORADO &�,",�XtT 'ku-l� 2 11/17/2016 WATER LEASE — DRAFT SUBJECT TO REVISION THIS WATER LEASE ("Lease") is made and entered into this day of , 2016, by and between the CITY OF LOVELAND, COLORADO, a home rule municipality, whose address is 500 East Third Street, Loveland, Colorado 80537 ("City"), and Town of Firestone, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise organized and existing as a "water activity enterprise" under C.R.S. 37-4.1- 101 et seQ, whose address is 151 Grant Ave., Firestone, Colorado 80520 ("Firestone"). WHEREAS, Firestone desires to lease units of Windy Gap ("Windy Gap") for municipal uses within its water service area; and WHEREAS, the City is the owner of Windy Gap units which may be used for municipal purposes and is willing to lease said water to Firestone on the terms and conditions set forth herein. This lease is limited to municipal water use by Firestone and may not be further subleased to another entity; WHEREAS, all parties acknowledge that this lease is temporary in nature and is not a permanent water supply for the Town. The City is only obligated to provide water as stated in this lease and has no obligation extending beyond the terms of this lease. WHEREAS, Firestone acknowledges that this lease does not constitute a transfer in ownership of these water rights. The City maintains complete and total ownership of these water rights. WHEREAS, Firestone will pursue developing other water sources during this ten year lease term. Firestone is currently participating in the Northern Integrated Supply Project (NISP) for 1,300 acre-feet which is expected to be completed in 2025. This lease will serve as a bridge until NISP becomes feasible. In the event NISP water does not become available for use, Firestone shall pursue other projects to increase or provide municipal water sources such as, but not limited, non -potable irrigation of parks and a water treatment plant that can treat well water or other native water rights that they acquire. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Term. a. This Lease shall be effective for a term of ten (10) years commencing January 1, 2017 and ending December 31, 2026, unless sooner terminated as provided herein. b. No later than July 1, 2026, Firestone may send written notice of its desire to extend this lease for a second term, not to exceed five (5) years, said election being based on a delay in final completion of NISP. The City will respond in writing and agree or decline the extension after a review of its water supplies and water availability. AGR_Water Lease —Firestone 2016 DR,1FT 11.17.2016 (clean) v. 11,17,2016 Page 1 of 6 2. Water. a. The City owns 40 units of Windy Gap project water and shall supply Windy Gap water in an amount not greater than 300 acre-feet per year to the Town of Firestone for its municipal purposes. Water shall be delivered to Carter Lake unless otherwise specified. b. The City makes no commitment to collateralize or store the water for Firestone. C. Delivery of the water shall be subject to restrictions and terms of Northern Colorado Water Conservancy District which relies on CBT storage and conveyance infrastructure. d. Firestone shall have authority to utilize second and any subsequent use of water delivered by City for the term of this Lease, and Firestone agrees not to name this water as a replacement water source for any non -interruptible supply or in any court -approved plan for augmentation. C. Firestone may use the water in a temporary substitute water supply plan inside the terms of this lease period subject to the city's termination or suspension as stated in paragraph 4, below 3. Annual Lease Payment. a. The annual lease price per share is $750.00 per acre-foot the first year, subject to review every five (5) years thereafter. The price shall be indexed to the change in prices of CBT water as reported in the Stratecon, Inc. monthly reports, with the initial report referencing August, 2016 with an average price of 26,011.32/unit (Attachment A), with a minimum increase of 5%. Firestone shall pay the City an annual payment per acre- foot for the water delivered up to a maximum of three hundred acre feet under this Lease. b. Firestone shall provide to the City, the amount of water that it desires to lease for that season no later than February Pt C. The City will submit an annual bill to Firestone for all municipal water supplied for that year, in accordance with this Lease. d. Firestone shall pay said amount to the City within thirty (30) days of receiving the City's bill. 4. Termination or Suspension by City. In the event the City has an urgent need for water for consumption by City water customers, as determined in the sole discretion of the City, for reasons including, but not limited to, drought, natural disaster or major failure of the CBT delivery system, the City may terminate or suspend this Lease. If suspended, the City will resume water delivery at such time as the disruption issue has been resolved to the satisfaction of AGR Water Lease —Firestone 2016 DRAFT 11.17.2016 (clean) v. 11.17.2016 Page 2 of 6 the City. The City will endeavor to give Firestone thirty (30) days' notice of such termination or suspension, but shall not be required to do so. 5. Termination by Firestone. After the 2017 irrigation season, Firestone may terminate this Lease by providing written notice to the City of the year in which the Lease is intended to be terminated or suspended. Firestone shall not be obligated to pay the Annual Lease payment for the year in which the Lease is terminated or suspended and any subsequent year. 6. Termination of Delivery for Nonpayment. In the event Firestone fails to pay for Lease water when payment is due as set forth in paragraph 3, above, the City, in addition to seeking recovery of sums due, may terminate delivery of municipal water to Firestone. 7. Lease Contingent upon Northern Water Approval. The parties understand and agree that this Lease shall be contingent upon the Northern Colorado Water Conservancy District ability to deliver the water. 8. Subdistrict. Firestone agrees to become part of the Municipal Subdistrict of the Northern Colorado Water Conservancy District. 9. No Warranties. Delivery of water by the City under this Lease shall be on an "as is" basis only, and the City neither expressly nor impliedly warrants the quality of the water. The water leased hereunder is not warranted as suitable for any particular purpose. 10. Progress Updates. Firestone will provide written communication to the City annually by February 1st an update on the progress being made with the NISP project or other water sources. 11. Notices. Written notices required under this Lease and all other correspondence between the parties shall be directed to the following and shall be deemed received when hand - delivered or three (3) days after being sent by certified mail, return receipt requested: If to the City: City of Loveland Water and Power Department Attention: Larry Howard, Senior Civil Engineer — Water Resources 200 North Wilson Avenue Loveland, Colorado 80537 If to Lessee: Town of Firestone Attention: Julie Pasillas, Resource and Sustainability Coordinator 151 Grant Ave., PO Box 100 Firestone, Colorado 80520 12. Governing Law and Venue. This Lease shall be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado. 13, Severability. In the event a court of competent jurisdiction holds any provision of this Lease invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Lease. AGR_Water Lease —Firestone 2016 DRAFT 17.17.2016 (clean) v. 11.17.2016 Page 3 of 6 14. Headings. Paragraph headings used in this Lease are for convenience of reference and shall in no way control or affect the meaning or interpretation of any provision of this Lease. 15. Assi _ ability. Firestone shall not assign this Lease without the City's prior written consent. 16. Binding Effect. This Lease shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, personal representatives, successors, and assigns. 17. Entire Agreement. This Lease contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties. IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first above written. CITY OF LOVELAND, COLORADO Gretchen Stanford Director of Loveland Water and Power ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney TOWN OF FIRESTONE, COLORADO Mayor STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing Lease was acknowledged before me this Witness my hand and official seal. day of , 2016, by Notary Public AGR_Waler Lease —Firestone 2016 DRAFT 11.17.2016 (clean) v. I L 17.2016 Page 4 of 6 My commission expires ATTACHMENT A Stratecon, Inc. Colorado -Big Thompson knits Transactions Report Reflects August 2016 activity Acquirer Supplier Purpose Prior Use Units Terms City & County of Broomfield Irrigator Municipal Irrigation 50 $26,000/unit City & County of Broomfield Irrigator Municipal Irrigation 50 $26,000/unit Little Thompson Water District Irrigator Municipal Irrigation 6 $26,200/unit Average Price = $26,011.32 AGR_Water Lease —Firestone 2016 DRAFT 11.17.2016 (clean) v. 11.17.2016 Page 6 of 6 ORDINANCE NO. qO)_ AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ACTING BY AND THROUGH THE TOWN OF FIRESTONE WATER ACTIVITY ENTERPRISE, APPROVING A LOAN FROM THE COLORADO WATER CONSERVATION BOARD; AUTHORIZING THE FORM AND EXECUTION OF THE LOAN CONTRACT, PROMISSORY NOTES TO EVIDENCE SUCH LOAN, AND SECURITY AGREEMENT IN CONNECTION THEREWITH; AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATED THERETO AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH. WHEREAS, the Town of Firestone, Colorado (the "Town"), is a legal and regularly created, established, organized and existing municipal corporation under the Constitution and laws of the State of Colorado; and WHEREAS, the members of the Board of Trustees of the Town (the "Board") have been duly elected and qualified; and WHEREAS, the Town has heretofore determined and undertaken to operate, and maintain its water facilities as a public utility and income -producing project (the "System") and accounts for the financial operations of the System in the Town's Water Activity Enterprise Fund; and WHEREAS, the Town has determined that the System is an enterprise within the meaning of Article X, Section 20 of the Colorado Constitution; and WHEREAS, the Board in its enterprise capacity has the authority to issue notes or other obligations payable from the revenues derived or to be derived from the function, service, benefits, or facility or the combined functions, services, benefits, or facilities of the enterprise or from any other available funds of the enterprise pursuant to C.R.S. §37-45.1-105(2); and WHEREAS, the Board has heretofore determined that the interest of the Town and the public interest and necessity demand and require the acquisition, construction, and completion of assets for and improvements to the System, including design, engineering, legal, financing and administrative costs relating thereto, and any other costs incidental thereto (the "Project"); and WHEREAS, the cost of the Project to the Town is estimated at $10,043,150 including design, engineering, legal, financing and administrative costs relating thereto, and any other costs incidental thereto; and WHEREAS, the Board has determined that in order to finance the Project, it is necessary and advisable and in the best interests of the Town to enter into a loan contract (the "Loan Contract") and a security agreement (the "Security Agreement") with the Colorado Water Conservation Board ("CWCB"), a body corporate and political subdivision of the State of Colorado, pursuant to which the CWCB will loan the Town $10,000,000 pursuant to the Loan Contract to finance the Project; and WHEREAS, the Town's repayment obligations under the Loan Contract shall be evidenced by a promissory note (the "Promissory Note") to be executed and delivered by the Town to the CWCB; and WHEREAS, the Promissory Note, the Loan Contract and the Security Agreement (collectively, the "Financing Documents") may be approved by the Board acting in its enterprise capacity without an election pursuant to C.R.S. §§ 37-45.1-104 tol06; and WHEREAS, the Financing Documents shall be revenue obligations of the Town, payable from the Pledged Revenues (as defined in the Financing Documents and herein); and WHEREAS, there have been presented to the Board the forms of the Financing Documents; and WHEREAS, the Board desires to approve the forms of the Financing Documents and authorize the execution thereof. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Approvals, Authorizations, and Amendments. The forms of the Financing Documents presented at this meeting are incorporated herein by reference and are hereby approved. The Town shall enter into and perform its obligations under the Financing Documents in the forms of such documents, with such changes as are not inconsistent herewith and as are hereafter approved by the Mayor of the Town (the "Mayor"). The Mayor and Town Clerk of the Town (the "Clerk") are hereby authorized and directed to execute the Financing Documents and to affix the seal of the Town thereto, and further to execute and authenticate such other documents or certificates as are deemed necessary or desirable in connection therewith. The Financing Documents shall be executed in substantially the forms approved at this meeting. 2 The execution of any instrument or certificate or other document in connection with the matters referred to herein by the Mayor and Clerk or by other appropriate officers of the Town, shall be conclusive evidence of the approval by the Town of such instrument. Section 2. Election to Apply Supplemental Act. Section 11-57-204 of the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, C.R.S. (the "Supplemental Act") provides that a public entity, including the Town, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act. The Board hereby elects to apply all of the Supplemental Act to the Financing Documents. Section 3. Delegation. (a) Pursuant to Section 11-57-205 of the Supplemental Act, the Board hereby delegates to the Mayor or Mayor Pro Tem the authority to make the following determinations relating to and contained in the Financing Documents, subject to the restrictions contained in paragraph (b) of this Section 3: (i) The interest rate on the Loan; (ii) The principal amount of the Loan; (iii) The amount of principal of the Loan maturing in any given year and the final maturity of the Loan; (iv) The dates on which the principal of and interest on the Loan is paid; and (v) The existence and amount of a reserve fund for the Loan, if any. (b) The delegation in paragraph (a) of this Section 3 shall be subject to the following parameters and restrictions: (i) the interest rate on the Loan shall not exceed 2.35%; (ii) the aggregate principal amount of the Loan shall not exceed $10,000,000; and (iii) the final maturity of the Loan shall not be any later than 20 years from the loan contract start date. Section 4. Conclusive Recital. Pursuant to Section 11-57-210 of the Supplemental Act, the Promissory Note and Security Agreement shall contain a recital that each is issued pursuant to certain provisions of the Supplemental Act. Such recital shall be conclusive 91 evidence of the validity and the regularity of the issuance of the Promissory Note and Security Agreement after its delivery for value. Section 5. Pledge of Revenues. The creation, perfection, enforcement, and priority of the pledge of revenues to secure or pay the Financing Documents provided herein shall be governed by Section 11-57-208 of the Supplemental Act and this Ordinance. The amounts pledged to the payment of the Financing Documents shall immediately be subject to the lien of such pledge without any physical delivery, filing, or further act. The lien of such pledge shall have the priority described in the Loan Contract. The lien of such pledge shall be valid, binding, and enforceable as against all persons having claims of any kind in tort, contract, or otherwise against the Town irrespective of whether such persons have notice of such liens. For purposes of this Ordinance and the Loan Contract, "Pledged Revenue" shall mean the Net Revenue of the Town. "Net Revenue" shall mean the Gross Revenue less the Operation and Maintenance Expenses plus all proceeds of insurance in excess of or not applied to the repair and replacement of the System, and the proceeds or any sale, conveyance, or exchange of the System in excess of that applied to replace the System sold or exchanged. "Gross Revenue" means all fees (including but not limited to user fees and plant investment fees), charges and revenues directly or indirectly derived by the Town for the services furnished by, or use of, the System, or any part thereof, including all income attributable to any future dispositions of property or rights related contracts, settlements, or judgments held or obtained in connection with the System or its operations; provided however, that there shall be excluded from Gross Revenue (a) moneys borrowed and used for providing Capital Improvements, (b) any money and securities, and investment income therefrom, in any refunding fund, escrow account, or similar account pledged to the payment of any bonds or other obligations for the purpose of defeasing the same, and (c) any moneys received as grants or appropriations from the United States, the State of Colorado, or other sources, the use of which is limited or restricted by the grantor or donor to the provision of Capital Improvements or for other purposes resulting in the general unavailability thereof, except to the extent any such moneys shall be received as payments for the use of the System, services rendered thereby, the availability of any such service, or the disposal of any commodities therefrom. "Operation and Maintenance Expenses" means all reasonable and necessary current expenses of the Town, paid or accrued, for operating, maintaining, and repairing the System, 4 including without limitation legal and overhead expenses of the Town directly related to the administration of the System; provided however, that there shall be excluded from Operation and Maintenance Expenses any allowance or transfers for depreciation, payments in lieu of taxes or franchise fees, legal liabilities not based on contract, expenses incurred in connection with Capital Improvements, payments due in connection with any bonds or other obligations issued to provide Capital Improvements, and charges for accumulation of reserves. "System" means the municipal water system consisting of all properties, real, personal, mixed or otherwise, now owned or hereafter acquired by the Town, through purchase, construction and otherwise, and used in connection with such system of the Town, and in any way pertaining thereto, whether or not located within or without or both within and without the boundaries of the Town; and such defined term includes any other utility or other income -producing facilities added to the System and to which the lien and pledge herein provided are extended by ordinance adopted by the Board or the qualified electors of the Town. Section 6. Limitation of Actions. Pursuant to Section 11-57-212 of the Supplemental Act, no legal or equitable action brought with respect to any legislative acts or proceedings in connection with the Financing Documents shall be commenced more than thirty days after the issuance of the Promissory Note, Section 7. Limited Obligation; Special Obli ag tion. The Financing Documents are payable solely from the Pledged Revenue and the Financing Documents do not constitute a debt within the meaning of any constitutional or statutory limitation or provision. Section 8. No Recourse against Officers and Agents. Pursuant to Section 11-57- 209 of the Supplemental Act, if a member of the Board, or any officer or agent of the Town acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the principal of or interest on the Promissory Note. Such recourse shall not be available either directly or indirectly through the Board or the Town, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the Promissory Note and as a part of the consideration of its sale or purchase, CWCB specifically waives any such recourse. Section 9. Disposition and Investment of Proceeds of the Loan Contract. The proceeds of the Loan Contract shall be applied only to pay the costs and expenses of acquiring, constructing and equipping the Project, including costs related thereto and reimbursement to the 5 Town for capital expenditures heretofore incurred and paid from Town funds in anticipation of the incurrence of long-term financing therefor, and all other costs and expenses incident thereto, including without limitation the costs of obtaining the Loan Contract. The CWCB shall not be responsible for the application or disposal by the Town or any of its officers of the funds derived from the Loan Contract. Section 10. Estimated Life of Improvements. It is hereby determined that the estimated life of the Project to be financed with the proceeds of the Loan Contract is not less than the final maturity of the Loan. Section 11. Issuance of Additional Debts or Bonds. The Town will not issue any indebtedness payable from the Pledged Revenue and having a lien thereon which is superior to the lien created by the Financing Documents. The Town will issue parity debt only with the prior written approval of CWCB, provided that: (a) the Town is at the time approval is requested from CWCB and at the time of the issuance of the parity debt in substantial compliance with all of the obligations of the Loan Contract, including, but not limited to, being current on the annual payments due under the Loan Contracts and in the accumulation of all amounts then required to be accumulated in the Town's debt service reserve account or fund; and (b) the Town provides to the CWCB a Parity Certificate from an independent certified public accountant certifying that, based on an analysis of the Town's revenues, for 12 consecutive months out of the 18 months immediately preceding the date of issuance of such parity debt, the Town's revenues are sufficient to pay its annual Operation and Maintenance Expenses, annual debt service on all outstanding indebtedness having a lien on the Pledged Revenue, including the Loan Contract, the annual debt service on the proposed indebtedness to be issued, and all required deposits to any reserve funds required by the Loan Contract or by the Icnder(s) of any indebtedness having a lien on the Pledged Revenue. No more than 10% of total revenues may originate from tap and/or connection fees. Section 12. Direction to Take Authorizing Action. The appropriate officers of the Town and members of the Board are hereby authorized and directed to take all other actions necessary or appropriate to effectuate the provisions of this Ordinance, including but not limited to such certificates and affidavits as may reasonably be required by CWCB. n. Section 13. Ratification and Approval of Prior Actions. All actions heretofore taken by the officers of the Town and members of the Board, not inconsistent with the provisions of this Ordinance, relating to the Financing Documents, or actions to be taken in respect thereof, are hereby authorized, ratified, approved, and confirmed. Section 14. Repealer. All acts, orders, ordinances, or resolutions, or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict. Section 15. Severability. Should any one or more sections or provisions of this Ordinance be judicially determined invalid or unenforceable, such determination shall not affect, impair, or invalidate the remaining provisions hereof, the intention being thatthe various provisions hereof are severable. Section 16. Inconsistencies. In the event of any inconsistencies between this Ordinance and the Loan Contract, this Ordinance is controlling. Section 17. Ordinance Irrevealable. After the Promissory Note issued, this Ordinance shall constitute an irrevocable contract between the Town and the CWCB, and shall be and remain irrepealable until the Promissory Note and the interest thereon shall have been fully paid, satisfied, and discharged. No provisions of any constitution, statute, ordinance, resolution or other measure enacted after the issuance of the Promissory Note shall in any manner be construed as impairing the obligations of the Town to keep and perform the covenants contained in this Ordinance. Section 18. Recording and Authentication. Immediately on its passage this Ordinance shall be recorded in a book kept for that purpose, authenticated by the signatures of the Mayor and clerk, and shall be published in accordance with law. Section 19. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after publication following final adoption. 7 INTRODUCED, PASSED, ADOPTED AND ORDERED PUBLISHED in full in the Longmont Times -Call, a newspaper of general circulation in the Town of Firestone on January ILI 2017. (SEAL) Town Clerk Town of Firestone, Colorado Mayor Town of firestone, Colorado STATE OF COLORADO ) COUNTY OF WELD ) SS. TOWN OF FIRESTONE ) I, Carissa Medina, the Town Clerk of the Town of Firestone, Colorado, do hereby certify: 1. That the foregoing pages are a true, correct and complete copy of the Ordinance adopted by the Board of Trustees constituting the governing board of the Town of Firestone (the "Board of Trustees"), by vote had and taken at an open, regular meeting of the Board of Trustees held at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado, on January 11, 2017, convening at the hour of 7:00 p.m. as recorded in the regular book of official records of the proceedings of said Town of Firestone kept in my office. 2. That the Ordinance was read by title, duly moved and seconded and the Ordinance was approved by an affirmative vote of the Board of Trustees, as follows: Name "Yes" "No" Absent Paul Sorensen, Mayor �— Bobbi Sindelar, Mayor Pro -ter ✓ John Damsma ✓ George Heath ✓ Samantha Meirin ✓ Drew Peterson Douglas Sharp✓ 3. The members of the Board of Trustees were present at the meeting and voted on the passage of such Ordinance as set forth above. 4. There are no bylaws, rules or regulations of the Board of Trustees which might prohibit the adoption of said Ordinance. 5. The Ordinance was published in full in the Longmont Times -Call, a newspaper of general circulation in the Town, on January L, 2017, and the affidavit of publication is attached hereto as Exhibit A. 8. Notice of the meeting of January fl, 2017, in the forms attached hereto as Exhibit B was posted at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado, not less than 24 hours prior to the meeting in accordance with law. 011 (SEAL) WITNESS my hand and the seal of said Town affixed this January 1, 2017. OVMIp4c� f• Town r' m SITsp Town Clerk .r 10 EXHIBIT A AFFIDAVIT OF PUBLICATION (Published JanuaryL5, 2017) A-1 AFFIDA VIT OF PUBLICA TION �, T IIM_ A.;w L State of Colorado County of Boulder I, the undersigned agent, do solemnly swear that the LONGMONT TIMES -CALL is a daily newspaper printed, in whole or in part, and published in the City of Longmont, County of Boulder, State of Colorado, and which has general circulation therein and in parts of Boulder and Weld counties; that said newspaper has been continuously and uninterruptedly published for a period of more than six months next prior to the first publication of the annexed legal notice of advertisement, that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any, amendments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado; that a copy of each number of said newspaper, in which said notice of advertisement was published, was transmitted by mail or carrier to each of the subscribers of said newspaper, according to the accustomed mode of business in this office. The annexed legal notice or advertisement was published in the regular and entire edition of said daily newspaper once; and that one publication of said notice was in the issue of said newspaper dated January 15, 2017. WR 44 Agent Subscribed and sworn to before me this l� ay of January, 2017 in the County of Boulder, State of Colorado. f tl I t Notary Public ECEIVE ACCOUNT # 1051150 AD 4 1254262 0 .BAN 19 2017 FEE $370.44 BY. MANNER -WARD ARY PUBLIC OF COLORADO ID 20144042768 [0:R71TAMAIRIE XPIRES NOVEMBER 4, 2018 ORDINANCE NO.902 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ACTING BY AND THROUGH THE TOWN OF FIRESTONE WATER ACTIVITY ENTERPRISE, APPROVING A LOAN FROM THE COLORADO WATER CONSERVATION BOARD; AUTHORIZING THE FORM AND EXECUTION OF THE LOAN CONTRACT, PROMISSORY NOTES TO EVIDENCE SUCH LOAN, AND SECURITY AGREEMENT IN CONNECTION THEREWITH; AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATED THERETO AID PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH. WHEREAS, the Town of Firestone, Colorado (the "Town"), is a legal and regularly created, established, argan! zed and existing municipal co paratior under the Constitution and caws of the State of Colorado; and WHEREAS, the members of the Board of Trustees of the Town (the `:Board") have been duly elected and qualified; and WHEREAS, the Town has heretofore determined and undertaken to operate, and maintain its water facilities as a public utility and income -producing project (the "System") and accounts for the financial operations of the System In the Town's Water Activity Enterprise Fund; and WHEREAS, the Town has determined that the System is an enterprise within the meaning of Article X, Section 20 of the Colorado Constitution; and WHEREAS, the Board in its enterprise capacity has the authority to issue notes or other obligations payable from the revenues derived or to he derived from the function, service, benefits, or facility or the combined functions, services, benefits, or facilities of the enterprise or from any other available funds of the enterprise pursuant to 1R.S. §37-45.1-105(2); and WHEREAS, the Board has heretofore determined that the interest of the Town and the public interest and necessity demand and require the acquisition, construction, and completion of assets for and improvements to the System, including design, engineering, legal, financing and administrative costs relating thereto, and any other cost; incidental thereto (the "Project" ); and WHEREAS, the cast of the Project to the Town is estimated at $10,043,150 including design, engineering, legal, financing and adminstrative costs relating thereto, and any other costs incidental thereto; and WHEREAS, the Board has determined that in order to finance the Project, it is necessary and advisable and in the best interests of the Town to enter into a loan contract the "Loan Contract") and a security agreement (the "Security Agreement") with the Colorado Water Conservation Board ("CWCB"), a baby corporate and political subtivision of the State of Colorado, pursuant to which the CWCB will loan the Town $10,000,000 pursuant to the Loan Contract to finance the Project; and WHEREAS, the Town's repayment obligations under the Loan Contract shall he evidenced by a promissory note (the "Promissory Note") to he executed and delivered by the Town to the CWCB; and WHEREAS, the Promissory Note, the Loan Contract and the Security Agreement (collectively, the "Financing Documents") may he approved by the Board acting in its enterprise capacity without an election pursuant to C.A.S. §§ 37-45.1-10411006; and WHEREAS, the Financing Documents shall be revenue obligations of the Town, payable from the Pledged Revenues (as defined in the Financing Documents and herein); and WHEREAS, there have been presented to the Board the forms of the Financing Documents; and WHEREAS, the Board desires to approve the forms of the Financing Documents and authorize the execution thereof. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Approvals. Authorizations. and Amendments The forms of the Financing Documents presented at this meeting are incorporates herein by reference and are hereby approved. The Town shall enter into and perform its obligations under the Financing Documents in the forms of such documents, with such changes as are not inconsistent herewith and as are hereafter approved by the Mayor of the Town (the "Mayor"). The Mayor and Town Clerk of the Town (the "Clerk") are hereby authorized and.directed to execute the Financing Documents and to affix the seal of the Town thereto, and further to execute and authenticate such other documents or certificates as are deemed necessary or desirable in connection therewith. The Financing Documents shall be executed in substantially the forms approved at this meeting. The execution of any instrument or certificate or other document in connection with the matters referred to herein by the Mayor and Clerk or ty Other appropriate officers of the Town,'shall be conclusive evidence of the approval by the Town of such instrument. Section 2. ElIlWion to Apply Supplemental Act. Section 11-57-204 of the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, C.R.S. (the "Supplemental Act") provides that a public entity, including the Town, may elect in an act of issuance to apply all or any of the provisions Of the Supplemental Act. The Board hereby elects to apply all vt the Supplemental Act to the Financing Documents. Section 3. Delegation. (a) Pursuant to Section 11-57-205 of the Supplemental Act, the Board hereby delegates to the Mayor or Mayor Pro Tom the authority to make the following determinations relating to and contained in the Financing Documents, subject to the restrictions contained in paragraph (b) of this Section 3: iI The interest rate on the Loan; ii) The principal amount of the Loan; iiiJ The amount of principal of the Loan maturing in any given year and the final maturity of the Loan; iv) The dates an which the principal of and interest on the Loan is paid; and v The existence and amount of a reserve fund for the Loan, if any. b The delegation in paragraph (a) of this Section 3 shall he subject to the following parameters and restrictions: i) the interest rate on the Loan shall not exceed 2.35%; ii) the aggregate principal amount of the Loan shall not exceed $10,000,000; and if) the final maturity of the Loan shall not be any later than 20 years from the loan contract start date. Section 4. Conclusive Recital. Pursuant to Section 11-57-210 of the Supplemental Act, the Promissory Nate and Security Agreement shall contain a recital that each is issued pursuant to certain provisions of the Supplemental Act. Such recital shall be conclusive evidence of the validity and the regularity of the issuance of the Promissiry Note and Security Agreement after its delivery for value. I Section 5. Pledge of Revenues The creation, perfection, enforcement, and priority of the pledge of revenues to secure or pay the Financing Documents provided herein shall be governed by Section 11-51-208 of the Supplemental Act and this Ordinance. The amounts pledged to the payment of the Financing Documents shall immediately be subject to the lien of such pledge without any physical delivery, filing, of furtheract. The lien of such pledge shall have the priority described in the Loan Contract. The lien of such pledge shall be vafd, binding, and enforceable as against all persons having claims of any kind in tart, edntrael, Or otherwise against the Town irrespective of whether such persons have notice of such liens. 1 For purposes of this Ordinance and the Loan Contract, "Pledged Revenue" shall mean the Net Revenue of the Town. 'Not Revenue" shall mean the Gross Revenue less the Operation and Maintenance Expenses plus all proceeds of insurance in excess of or not applied to the repair and replacement of the System, and the proceeds or any sale, conveyance, or exchange of the System in excess of that applied to replace the System sold or exchanged. "Gross Revenue" means all fees (including but not limited to userfees and plant investment tees), charges and revenues directly or indirectly Jerived bythe Town for the services furnished by, or use ef, the System, Or any part thereof, including all income attributable to any future dispositions of property or rights related contracts, settlemi or judgments held or obtained in connection with the System or its operations; provided however, that there shall be excluded from Gross Revenue (a) moneys borrowed and used for provding Capital Improvements, (b) any money and securities, and investment income therefrom, in any refunding fund, escrow account, or similar account plledged to the payment Of any bonds or o her obligations for the purpose of defeasing the same, and N any moneys received as grants or appropriations from the United States, the State of Colorado, or other sources, the use of which is united or restricted by the grantor or donor to the provision Oft apital Improvements or for other purposes resulting in the general unavailability thereof, except to the extent any such moneys shall be. received as payments for the use Of the System, services rendered thereby, tare availability of any such service, or the disposal of any commodities therefrom. "Operation and Maintenance Expenses" means all reasonable and necessary current expenses of the Town, paid or accrued, for operating, maintaining, and repairing the System, including . without limitation legal and overhead expenses of the Town directly related to the administration of the Syystem; provided however, that there shai be excluded from Operation and Maintenance Expenses any allowance or transfers for depreciation, payments in lieu Of taxes of franchise fees, legal liabil'tties not based on contract, expenses incurred in connection with Capital Improvements, 1 payments due in connection with any bonds or other obligations issued to provide Capital Improvements, and charges for accumulation of reserves, "System" means the municipal water system consisting of all properties, real, personal, mixed or otherwise, now owned or hereafter acquired 3y the Town, through purchase, construction and otherwise, and used in connection with such system Of the Town, and in any way pertaining thereto, whether or not located within or without or boti within and without the boundaries Ot the Town; and such defined term includes any other utility or other income -producing facilities added to the System and to which the lien and pledge herein provided are extended by ordinance adopted by the Board Or the qualified electors of the Town. Section 6. Limitation of Actions. Pursuant to Section 11-57-212 of the Supplemental Act, no legal or equitable action brought with respect to any legislative acts or proceedings in connection with the Financing Documents shall be commenced more than thirty days after the issuance of the Promissory Note. Section 7, bled Obligation' Special Obligation. The Financing Documents are payable solely from the Pledged Revenue and the Financing Docurents do not constitute a debt within the meaning Of any constitutional or statutory limitation or provision. Section 8. No Recourse against_ Officers and Agents. Pursuant to Section 11-57-209 of the Supplemental Act, if a member of the Board, or an, officer or agent of the Town acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the principal of or interest on the Promissory Note. Such iecourse shall not be available either directly or indirectly through the Board or the Town, or otherwise, whether by virtue Of any constitution, statute, rule of law, enforcement of penalty, or otherwise By the acceptance of the Promissory Note and as a part of the consideration of its sale or purchase, CWCB specifically waives any such recourse. Section 9. Diliposition and Investment gt Proceeds of the Loan Contract. The proceeds Of the loan Contract shall be applied only to pay the coos and expenses of acquiring, constructing and equipping the Project, including casts related thereto and reimbursement to the Town for capital expenditures heretofore incurred and paid from Town funds in anticipation of the incurrence of long- term Prancing therefor, and all other costs and expenses incident thereto, including without limitation the costs of obtaining the loan Contract. The CWCB shall not be responsible for the application or disposal by the Town or any of its officers of the funds derived from the Loan Contract. I Section 10. Estimated Life of Improvements. It is hereby determined thatthe estimated life of the Project to be financed with the proceeds of the Loan Contract is not less than the finaE maturity of the Loan. Section 11. Issuance of Additional Debts or Bonds. The Town wili not issue any indebtedness payable from the Pledged Revenue and having a lien thereon which is superior to the lien created by the Financing Documents. The Town will issue parity debt a with the prior written approval of CWCB, provided that: (a) the Town is at the time approval is requested tram CV( 'Band at the time of the issuance of the parity debt in substantial compliance with all ofthe obligations of the Loan Contract, including, but not limited to, being current on the annual payments due under the Loan Contracts and in the accumulation of all amounts then requires to he accumulated in the Town's debt service reserve account or fund; and (b) the Town provides to the CWCB a Parity Certificate from an independent certified public accountant certifying that, based On an analysis of tie Town's revenues, for 12 consecutive months out of the 18 months immediately preceding the date of Issuance of such parity debt, the Town's revenues are sufficient to pay its annual Ope-ation and Maintenance Expenses, annual debt service on all outstanding Indebtedness having a lien on the Pledged. Revenue, including the Loan Contract, the anneal debt service on the proposed indebtedness to be issued, and all required deposits to any reserve funds required by the Loan Contract or by the lenders) of any indebtedness having a lien on the Pledged Revenue. No more than 10 / of total revenues may originate from tap andlor connection fees. , Section 12. Direction to Take Authorizino Action. The appropriate officers of the Town and members of the Board are hereby authorized and firected t0 take all Othor actions necessary or appropriate to effectuate the provisions of this Ordinance, including but not limited to such certificates and affidavits as may reasonably be regoired•by'WGE, Section 13, Ratification and Approval f Prior Ai n All actions heretofore taken by the officers of the Town and members of the Board, not incrnsistenl with the provisions of this Ordinance, relating to the Financing Documents, or actions to be taken In respect thereof, are hereby authorized, ratified, approved, and confirmed. Section 14. Repealer All acts, orders, ordinances, or resolutions, or parts thereof, in conflict herewith are hereby repealed to the extent Of -such -onilict. Section 15. Ssvcrability Should any one or more sections or provisions of this Ordinance be judicially determined invalid or unenforceable, Euch determination'shall not affect, impair, or invalidate the remaining provisions hereof, the intention being that the various provisians hereof are severable. Section 16, Inconsistencies. In the event of any inconsistencies between this Ordinance and the Loan Contract, this Ordinance is controlling. Section 17. Ordinance Irreoealable. After the Promissory Note issued, this Ordinance shall constitute an irrevocable contract between the Tcwn and the CWCB, and shall be and remain irrepealable until the Promissory Note and the interest thereon shall have been fully paid, satisfied, and discharged. No provisions of any constitution, statute, ordinance, resolution or other measure enacted after the issuance of the Promissory Note shall in any manner he construed as impairing the obligations of the Town to keep and perform the covenants contained in this ordinance. Section 18. Recerdina and Authentication. Immediately on its passage this Ordinance shall be recorded in a book kept for that purpose, authenticated by the signatures of the Mayor and clerk, and shall he published in accordance with law. Section 19. Effective Date, This Drelnance,shall be in full force and effect thirty (30) days after publication fallowing final adoption. INTRODUCED, PASSED, ADOPTED AND ORDERED PUBLISHED in furl in the Longmont Times -Call, a newspaper of general circulation in the Torn of Firestone on January 11, 2017. SEAL Mayo (SEAL) Town of Firestone, Colorado Attest: Town Clerk Town of Firestone, Colorado STATE OF COLORADO COUNTY OF WELD SS. TOWN OF FIRESTONE 1, Corissa Medina, the Town Clerk of the Town of Firestone, Colorado, do hereby certify: i That the foregoing pages are a true, correct and complete copy of the Ordinance adopted by the Board of Trustees constituting the governing t;oard of the Town of Firestone (the "Board of Trustees"), by vote had and taken at an open, regular meeting of the Board of Trustees held at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colo -ado, on January 11, 2017, convening at the hour of 7:00 p.m. as recorded in the regular book of official records of the proceedings of said Town of Firestone kept in my office. 2. That the Ordinance was read by title, duly moved and seconded and the Ordinance was approved by an affirmative vote of the Board of Trustee3, as follows: Name "Yes" No" Absent Paul Sorensen, Mayor Bor i Sindelar, Mayor Pro-tem John Damsma George Heath Samantha Meiring Drew Peterson Douglas Sharp 3. The members of the Board of Trustees were present at the meeting and voted on the passage of such Ordinance as set forth above. 4. There are no bylaws, rules or regulations of the Board of Trustees which might prohibit the adoption of said Ordinance, 5. The Ordinance was published in full in the Longmont Tmes -Call, a newspaper of general circulation in the Town, on January 15, 2017, and the affidavit of publication is attached hereto as Exhibit A. 8. Notice of the meeting of January 11, 2017, in the farms attached hereto as Exhibit B was posted at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado, not less (hart 24 hours prior to the meeting in accordance with law WITNESS my hand and the seal of said Town affixed this January 11, 2017, Town Clerk (SEAL) • EXHIBIT A AFFIDAVIT OF PUBLICATION (Published January 15, 2017) The affidavit of publication will he available once received from the LQnwont Times -Call EXHIBITS (Attach Notice of the Meeting of January 11, 2017) Notice of the Meeting is available in the Clerk's office Published: Longmont Times -Call January 15, 2017-1254262 ni Services Alterations Tailor Carpenters CRAFTSMAN In Your Nome Craftsman in Your Home - Remodeling Basement, Bath, Trim, Etc. 36 Years Exp. 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The Job Shop HANDYMAN Small Jobs Carpentry, Plumbing Elect, Free est, 303.511-4086 andIan uv..= BouldePs trusted source for Home Repairs & Remodels Bath &.Kitchens Tile Repair & Install Vanity Replacement Interior Painting Drywall Repair Garage Finishing Garage Shelvin Basement Finish Deck & Fence Repairs Deck Installation Doors & Trim And Much Much More Call Today for a FREE ESTIMATE 303-427-2955 Check us out at- HandymanHub.com BBB Rating A+ A6undaid Dumping -N -Hauling: We Haul, Landscaping Supplies/Mowing, Farmltems, Lumber, Building Supplies, Small Moving Loads, Snow Plowing &Junk to Dump 7zo-93r�ar5 Ogg, JUNK REMOVAL & RECYCLING, TVs, Appliances, Furniture; Yard & Construction Debris, Moves & Rental Clean-ups. Fast, bependable. 303410426 TURN USED ITEMS into quick cash with Classifieds! JOBS, WHEELS. HOMES, STUFF. FI LL We Do It Alll Handyman Services Renovation Projects Quality Service You Can Trust! Kitchens Baths TL C Cebinotry NEW STORE! Kitchen & Bath Cabinets on Sale Now! Call 72005317 or Visit our Showroom by Appointment wH!wAlad liletry,com FrontRa ge.. Ali Valley - St John's Neuromuscular Therapist Expert in Pain & Stress Relief. BOS-987-WZ Music Lessons to . Pro Drum lnstruction New Student Special S Lessons - $99 303-E6.9960 thedrumstudioco.com 7204S R41110 30% Discount an Interiors Spruce Up for . the Holidays Jim's Painting W52.9110 EXHIBIT B (Attach Notice of the Meeting of January 11, 2017) FIN Town of Firestone, Colorado FIRESTONE ° M ° a ^ ° ° Regular Meeting Agenda Board of Trustees 151 Grant Avenue, Firestone, CO $0520 Wednesday, January 11, 2017 7:00 PM 1. Call to Order & Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Public Comment * (maximum time permitted for all Public Comment is 30 minutes) 6. Consent Agenda a. Approval of December 14, 2016 Minutes Attachments: 5.a. - TB 12-14-2016 W.pdf b. Approval of January 11, 2017 Accounts Payable Attachments: 5.b. - AP Detail 01-11-2017 CHECKS.pdf 51. - AP Detail 01-11-2017 ELECTRONIC.odf 5.b. - AP Summa 01-11-2017. df C. Resolution No. 17-01. A Resolution Designating the Place for Posting of Notices of Meetings of the Board of Trustees for the Town of Firestone, Colorado Attachments: 5.c. - TB Res 17-01 - Posting Places 2017 (BOT).pdf d. Northern Integrated Supply Project (NISP) Thirteenth Interim Agreement Attachments: 5.d. - 2017 AIM NISP Thirteenth Interim A reement. df 6. Presentations Town of Firestone, Colorado Page 9 Printed on 1/10/2017 * Individuals that desire to address the meeting body are requested to sign up at the table at the entrance to the meeting room. Each individual will be provided an opportunity to speak (limited to two minutes) during Public Comment. Maximum time permitted for all Public Comment is 30 minutes. If you need special assistance in order to participate in a meeting, please contact the Town Clerk's Office at 303-531-6264 in advance of the meeting to make arrangements. A forty -eight -hour notice is requested. Regular Meeting Agenda Board of Trustees January 11, 2017 a. Overview of Firestone Water Rates by Steve Nguyen with Clear Water Solutions, Inc. Attachments: 6.a. - Firestone 2016 Rate Study Update 1-11-17.pdf b. Overview of Communities that Care Program by Weld County Health Representative Shaley Maher Attachments: 6.b. - CTC Board of Trustees.pdf 6.b. - CTC Carbon Valley handout 2016.0f 6.b. - Roles -Key Leader & Comm_Board.pdf C. Proclamation Declaring January 22-28, 2017 as Firestone School Choice Week ,attachments: 6.c. - Firestone School Choice Week Prodamation.0f 7. Action Items Rocky Mountain Ham Radio, Inc. License Agreement Resolution No. , a Resolution Approving a License Agreement with Rocky Mountain Ham Radio, Inc. for the Placement of a Twenty -Eight Foot Tower and Radio Transmission Facility on Town Owned Property Attachments: Ta. - Rocky Mountain Ham Radio License AIM 12-13-16 redline . df b. Ordinance Approving Colorado Water Conservation Board Loan Ordinance No. , an Ordinance of the Board of Trustees of the Town of Firestone Water Activity Enterprise, Approving a Loan from the Colorado Water Conservation Board; Authorizing the Form and Execution of the Loan Contract, Promissory Notes to Evidence Such Loan, and Security Agreement in Connection Therewith; Authorizing the Execution and Delivery of Documents Related Thereto and Prescribing Other Details In Connection Therewith Attachments: 7.b. - CWCB Loan Ordinance.- AIM.pdf C. First Amendment to the Purchase, Sale, and Exchange Agreement between LG Everist and the Town of Firestone Attachments: 7.c. - First Amendment to Purchase Sale and Exchange Agreement between LC d. Bond Counsel Engagement Letter - CWCB Water Enterprise Loan Agreement Attachments: 7.d. - CWC8 Bond Counsel AIM.pd€ Town of Firestone, Colorado Page 2 Printed on 1/10/2017 ' Individuals that desire to address the meeting body are requested to sign up at the table at the entrance to the meeting room. Each individual will be provided an opportunity to speak (limited to two minutes) during Public Comment. Maximum time permitted for all Public Comment is 30 minutes. If you need special assistance in order to participate in a meeting, please contact the Town Clerk's Office at 303-531-6264 in advance of the meeting to make arrangements. A forty -eight -hour notice is requested. Regular Meeting Agenda Board of Trustees January 11, 2017 e. Resolution for Conditional Acceptance of Right -of -Way Donation — Frontier Street Resolution No. , a Resolution Accepting Subject to the Satisfaction of Conditions Precedent, a Special Warranty Deed for a Strip of Land Located in Section 19, Township 2 North Range 67 West of the 6th P.M. and Generally Identified as Frontier Street Right -of -Way Attachments: 7.e. - Frontier ROW Donation AIM.Pdf 8. Discussion a. Discussion/Direction — 2017 Jackson Avenue Waterline Design Contract and 2017 Jackson Avenue Street Replacement Design Contract Attachments: 8.a. - 2017 Jackson Ave Waterline and Street Replacement Design Contract - A 8.a. - Professional Engineering Services Agreement - 2017 Street Replacement 8.a. - Professional Engineering Services Agreement - 2017 Waterline Replacem b. Discussion/Direction — Public Safety Facility — Next Steps C. Future Agenda Items 9. Public Comment * (maximum time permitted for all Public Comment is 30 minutes) 10. Reports a. Staff b. Mayor C. Trustees 11. Adjournment Town of Firestone, Colorado Page 3 Printed on 1/10/2017 " Individuals that desire to address the meeting body are requested to sign up at the table at the entrance to the meeting room. Each individual will be provided an opportunity to speak (limited to two minutes) during Public Comment. Maximum time permitted for all Public Comment is 30 minutes. If you need special assistance in order to participate in a meeting, please contact the Town Clerk's Office at 303-531-6264 in advance of the meeting to make arrangements. A forty -eight -hour notice is requested.