HomeMy WebLinkAbout26-26 Approving Del Camino Central Filing No. 3 Final Plat and Subdivision Development Agreement – 03.18.2026RESOLUTION NO. 26-26
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING A FINAL SUBDIVISION PLAT
AND ACCEPTING THE PROPERTY INTERESTS DEDICATED BY THE
FINAL PLAT FOR DEL CAMINO CENTRAL FILING 3; APPROVING THE
C -BT WATER CREDIT PURCHASE AGREEMENT AND SUBDIVISION
DEVELOPMENT AGREEMENT PERTAINING TO THE DEL CAMINO
CENTRAL FILING 3 SUBDIVISION
WHEREAS, Journey Homes. (the "Applicant"), on behalf of Gateway North Holdings LLC
("Owner"), who is the owner of certain real property located within the Town of Firestone, Colorado
(the "Property"), has submitted a proposed final subdivision plat for the Property, entitled Del
Camino Central Filing No. 3, attached hereto as Exhibit A (the "Final Plat"), and a proposed
Subdivision Agreement, attached hereto as Exhibit B (collectively, the "Application"), all for
purposes of developing two multifamily buildings, each consisting of 21 residential dwelling units,
totaling 41 dwelling unit, and associated parking area and infrastructure across approximately 3.54
acres, to be known as the Gateway North Multi -Family Apartments Expansion ("Project"); and
WHEREAS, the Final Plat application covers certain lands owned by Owner and more
particularly described on Exhibit A, attached hereto ("Applicant's Lands"); and
WHEREAS, Section 13.08.010 of the Firestone Municipal Code ("Code) requires a land
developer as a condition precedent to the approval of the subdivision, annexation, re -platting, or the
furnishing of water services by the Town to land, to dedicate a certain amount of "water rights" and/or
"shares" to the Town sufficient to meet the water demands generated by all of the proposed uses
associated with the developer's proposed development; and
WHEREAS, Applicant has submitted, in connection with its Final Plat application, a
preliminary determination of the domestic potable water demands for all residential units and
buildings to be developed within the Final Plat, together with the irrigation demands for all outdoor
irrigation areas on all lots within the Final Plat and all other demands imposed on the Firestone water
utility system generated by the proposed Project pursuant to the Code ("Water Projection"); and
WHEREAS, Staff and Applicant have determined the Water Projection for the Final Plat to
be 6.19 acre-feet of water; and
WHEREAS, accordingly, Applicant must dedicate, convey and deliver to the Town title, free
of liens and encumbrances, water rights (which can be in the form of Colorado -Big Thompson ("C -
BT") units, direct flow or storage water rights) in the amount of approximately 6.19 acre-feet of raw
water for development of the Final Plat, to comply with the water dedication requirements of the Code
("Water Dedication Requirement"), which is based on the Water Projection; and
WHEREAS, in accordance with the Code, Applicant has calculated the number of C -BT
units that would be required to be dedicated to the Town to meet the Water Dedication Requirement
for the Final Plat to be 11 ("Project C -BT Units"); and
WHEREAS, Applicant has made a request under the Code to allow it to satisfy the Water
Dedication Requirement of 11 Project C -BT Units for the Final Plat through payment of a cash fee -
in -lieu of water dedication, in accordance with the Code and pursuant to the terms and conditions
set forth in the proposed C -BT water credit purchase agreement, attached hereto as Exhibit C
("Water Credit Purchase Agreement"), and in the amount set forth in the proposed Water Credit
Purchase Agreement ("Water Dedication CIL Request") and
WHEREAS, at its meeting on March 18, 2026, the Board of Trustees reviewed the
Application, the Applicant's Water Dedication CIL Request, and the proposed Water Credit
Purchase Agreement; and
WHEREAS, after reviewing the Application pursuant to Section 16.7.6.D of the Firestone
Development Code, the Board of Trustees finds the proposed Final Plat substantially complies with
the technical subdivision and platting requirements of the Firestone Development Code; and
WHEREAS, the Board of Trustees believes it is in the best interest of the Town and its
citizens to approve the Del Camino Central Filing No. 3 Subdivision Development Agreement and
to accept financial guarantees for improvements to be constructed by the Applicant; and
WHEREAS, the Board of Trustees further finds the acceptance of the 11 Project C -BT Units
to satisfy the Water Dedication Requirement and the approval of the Applicant's Water Dedication
CIL Request for the Final Plat to be in the best interests of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The above Recitals and Findings of the Board of Trustees are hereby
adopted as findings of the Board and incorporated into this resolution.
Section 2. The Board of Trustees hereby approves the Del Camino Central Filing No. 3
Final Plat, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference,
subject to and contingent upon compliance with the following conditions:
(a) All minor, technical corrections to the Final Plat shall be made to the Town's
satisfaction.
(b) Applicant shall pay applicable fees incurred as a result of the application approval,
including, but not limited to, legal notice and legal review, and recording fees.
Section 3. The Del Camino Central Filing No. 3 Subdivision Development Agreement
between the Town of Firestone and Applicant is hereby approved in the form substantially similar
to the form attached hereto as Exhibit B, with such revisions thereto as may be necessary for the
Town's protection, and as approved by the Town Attorney's Office and the Interim Town
Manager. The Mayor is authorized to execute the Subdivision Development Agreement on behalf
2
of the Town
Section 4. The dedication of all easements and all other places designated for public
use as shown upon the Del Camino Central Filing No. 3 Final Plat is hereby accepted by the Town
of Firestone, subject however, to the condition that the Town shall not undertake maintenance of
any easement or other place designated for public use until after construction of all necessary
public improvements has been satisfactorily completed by the land owner and accepted in writing
by the Town of Firestone.
Section 5. The Planning and Development Director or such person's designee is
authorized to make any changes to the mylar form of the approved Final Plat to correct errors and
to make such other changes that are expressly authorized or required pursuant to this Resolution.
Section 6. The Mayor and Town Clerk are hereby authorized and directed to certify
upon the final subdivision plat the Town's approval and acceptance thereof. The Town Clerk is
hereby authorized and directed to file the subdivision plat with Weld County Clerk and Recorder's
office upon fulfillment of all conditions as indicated herein.
Section 7. The Board of Trustees accepts the Applicant's Water Dedication CIL
Request, approves the accompanying Water Credit Purchase Agreement, and the Mayor is
authorized to execute such agreement on behalf of the Town, subject to the following terms and
conditions:
(a) True -Up. Applicant acknowledges and agrees the Water Dedication Requirement
is premised upon the Water Projection, and that Firestone shall at all times have the
right to require additional dedication of water rights if actual consumption exceeds
the Water Projection, or if Applicant changes or expands the use of Applicant's
Lands that would affect the Water Projection and Water Dedication Requirement.
(b) Excess. In the event the Applicant's Lands are developed in a manner such that the
Water Dedication Requirement exceeds the ultimate water usage that is actually
needed to serve the Project when completed ("Excess Water"), then Applicant has
the option of: a) receiving a credit in an amount equal to the Excess Water and then
applying it towards a separate property within Firestone's municipal boundary to
offset compliance with the water dedication requirements under the Code; or b)
accepting an offer from the Town to reimburse Applicant for the direct costs
incurred by Applicant in acquiring the Excess Water, valued at the time Applicant
paid for such water rights and measured on a $ per share or per unit basis.
(c) Shortfall. Applicant or any successor -in -interest or successor owner of
Applicant's Lands shall dedicate additional water rights in amount equal to the net
increase in demand on Firestone's water utility system generated by actual
consumption, a change in use, or the expansion, redevelopment or modification of
an existing development on Applicant's Lands. The amount of additional
dedication shall be based on the new service to be furnished and the amount of
3
water required:(a) to make up any shortfall between the Water Projection and the
actual, annual water demands for the existing use; or (b) for the new use or addition
to the Applicant's Lands as compared to the actual use of and demand on the water
utility system produced by the existing use or development.
Section 8. Unless otherwise extended by resolution of the Board of Trustees, the
approval of the Del Camino Central Filing No. 3 Final Plat shall be null and void if the conditions
set forth in Section 2 are not complied with within one hundred and eighty (180) days of the date
of this Resolution.
PASSED AND ADOPTED this jday of Marti 1 2026.
on Co Jr. r
A ST:
``,REow o
Missy Carranco, Deputy Town Clerk 1 O
e
� SEAL � o
APPROV 6 TO FORM:
M eith Ma titt, own Attorney
EXHIBIT A
Del Camino Central Filing 3
Final Plat
Fyt fie; r^ an Sn a ` 0� q�q s 1
* \
a t a
4 4
M? 6&. i s� 3 s tl
CD O l ,rrt `9 a3af
tJJ
O 1 w < o X1F; 3d, ,'y t ,y d$ gg $ z3
KZ O a "air o i=
I.- Q J C sets 3.Qol aaoox ,ee xe a.ei.ia�ox $$y r p O ($p Op a ea €;;£
3 d 88 g
Q N F¢ ® 9 a Ind$
° i�
J / eeII :$ ip
/Q u
LL w 034
E- O LL Oa m g
wH O� "g: � aaB } ,
Z 2 ;p isi=. 1pp
U a1 O 0 p;s4; ;§zf3?
T{RRA ;I t p{
y u V J s P£$s a$a$ t e$4
o
w w W 3. sj Cy:a`z s. 3�-
o pt;
p �R aadep$a .a'a U;kitflit
$i'pgppp_@@I
LLQ LL ;'��f��$1$"e �t�&;$ ��ps lEll y{{
O� O�933995999393 (eFia :p=z €€
a w 0 aylaxs.7 as9 xca e:s f$ePJiipgl!,@s'
Wg a. S : x. a n A: a a a k G Y i a 4 3; LP
/� [w iH "a ���6galacS�zFSdaES iissa ai0°�3;? I s Q..
1--� ii
fpip�]apa�*�l�i�y$�P$5ak�3
d.s 8
w $ 1 $y I
J e t fill$ y313BB1S i,
cn - 1 i1 iaai';I-t sa
3i 4 y
19 eil$i'I p e' $0 1111
5.
IId 8 pl$
pi i' ;3s p Fyi t
.{ eag$ �sey; $ 3 y � y�aa Fee f�$i€ i
�i ➢� ;li{�. li3a�$₹5(3 1 � �
a2 d pyl 9 as^p .E1� y S b
i
a�� ly;il +1{{,4
d i Z€ $a Ei3f3 fi p 3 e. S f' e e 4 s{ia 8*
;,jpp i� Eyeaies i� a1gyp �,ta F ifi ` 4
15y ig3fF$$ail ? $ F 3+a sc ! S ? iJ81 i4= p d E .
EXHIBIT B
Del Camino Central Filing 3
Subdivision Development Agreement
{DEL CAMINO CENTRAL FILING NO.3 - GATEWAY NORTH APARTMENTS}
SUBDIVISION AGREEMENT
THIySUB IVISION AGREEMENT ("Agreement") is made and entered into this
day of NtOjt 2026, by and between the TOWN OF FIRESTONE, a Colorado
municipal corporation, 9950 Park Avenue, Firestone, Colorado, 80504, hereinafter referred to as
"Firestone" or "Town," and GATEWAY NORTH HOLDINGS, LLC, a Colorado limited
liability company, 7251 West 20'h Street, L-200, Greeley, CO 80634, hereinafter referred to as
"Owner;" and
WHEREAS, Owner has submitted a Final Plat for DEL CAMINO CENTRAL FILING
NO. 3 ("Development") attached hereto as "Exhibit A" and incorporated herein by reference. Said
Final Plat has been approved by Firestone; and
WHEREAS, The Town has reviewed its Water Supply Plan, which addresses the Town's
existing water obligations and its present and future water supplies. The Town has also reviewed
its Conservation Plan and its Municipal Code regarding water dedications, and has determined, at
its sole discretion, that it will be able to provide an adequate water supply to serve the Properties'
water needs at full build -out pursuant to Section 29-20-301 C.R.S. et seq. As a term and condition
of providing said water, the Developer hereby agrees to comply with the Town's Municipal Code
regarding water dedications and cash in lieu of water dedications; and
WHEREAS, the regulations of Firestone require that the Owner enter into an Agreement
with Firestone relative to improvements related to the Development; and
WHEREAS, this standard Agreement has been modified by the parties as indicated by the
addition of certain special provisions, if any, in Section IX.
NOW, THEREFORE, in consideration of the foregoing, the parties hereto promise,
covenant, and agree as follows:
I. TOWN ADMINISTRATIVE OFFICIAL
For the purposes of this Agreement, "Town Administrative Official" shall be defined as the Town
Manager or his or her designee.
II. DEVELOPMENT OBLIGATION AND COORDINATION
Owner shall be responsible for performance of the covenants set forth herein. Unless specifically
provided in this Agreement to the contrary, all submittals to Firestone and acceptances required of
Firestone in connection with this Agreement shall be submitted to, or rendered by, the Town
Administrative Official, who shall have general responsibility for coordinating development with
Owner.
III. PUBLIC USE DEDICATION
Owner shall convey to Firestone certain lands as described as open space and park in "Exhibit A"
attached hereto and incorporated herein by reference. Conveyance of these lands shall be by plat
Del Camino Central Filing No. 3 1
dedication in form and substance acceptable to Firestone. If not already conveyed, conveyance
shall be made within thirty (30) days of the date of this Agreement. Owner shall also furnish at the
time of conveyance, at its own expense, an ALTA title policy for all interest(s) so conveyed,
subject to acceptance by the Town. The Property shall be free and clear of liens, taxes, and
encumbrances except for ad valorem real property taxes up to the date of dedication to the Town,
but subject to all easements, rights -of -way, reservations, restrictions, or other title burdens of
record.
IV. PUBLIC AND COMMON FACILITIES IMPROVEMENTS
Owner agrees to design, construct, and install according to Town accepted plans, all public
improvements and common facilities specifically regulated necessary for the Development
including, but not limited to, street, alley, curb, gutter, sidewalks, landscaping, irrigation, fencing,
street lights, water, waste water, storm sewer and drainage improvements, trails and park
improvements on and off of the Development (hereinafter, "Public Improvements" and "Common
Facilities") and as described in "Exhibit B" attached hereto and made part hereof. Owner agrees
to dedicate said improvements to Firestone for the common facilities, and to give a two (2) year
guarantee for all improvements constructed.
A. Construction Standards
Owner shall construct all improvements required by this Agreement, and any other
improvements constructed in relation to the Development, in accordance with plans and
specifications accepted in writing by Firestone, and in full conformity with Firestone's
current Design Standards and Construction Specifications for Public Improvements
("Standards and Specifications"), ordinances, and regulations.
B. Engineering and Consulting Services
Owner agrees to furnish, at its expense, all necessary engineering and consulting services
relating to the design and construction of the Development, including but not limited to
street, alleys, curb, gutter, sidewalks, landscaping, irrigation, fencing, streetlights, signage,
water, wastewater, storm sewer and drainage improvements, trails and park improvements.
Said engineering and consulting services shall conform to the standards and criteria for
Public Improvements as established and accepted by Firestone. These services shall be
performed by or under the supervision of a Registered Professional Engineer and/or
Registered Land Surveyor, or other professionals as appropriate, licensed by the State of
Colorado, and in accordance with applicable Colorado law. The design services shall
include inspection services deemed necessary by Firestone.
C. Plan Submission and Acceptance
Owner shall furnish to the Town Administrative Official the required fees and complete
plans for all improvements and development phases. Firestone shall issue its written
acceptance or rejection of said plans as expeditiously as reasonably possible. Said
acceptance or rejection shall be based upon the standards and criteria for Public
Improvements as established by Firestone, and Firestone shall notify Owner of all
deficiencies which must be corrected prior to acceptance. All deficiencies shall be
corrected, and said plans shall be resubmitted to and accepted by Firestone prior to
construction. All acceptances required hereunder from Firestone shall be made by the
Del Camino Central Filing No. 3 2
Town Administrative Official.
D. Public Improvement Permits ("PIP")
Before the construction or installation of any improvements, Owner shall obtain a PIP
(Public Improvement Permit) from Firestone, as provided in the Code (Firestone
Development Code). The PIP application, fees, plans, specifications and any other data
filed by Owner will be reviewed by Firestone. If found to be complete and in accordance
with Firestone's current Standards and Specifications and other pertinent requirements,
Firestone will issue Owner the PIP. Owner shall reimburse Firestone for any additional
expenses incurred by Firestone for the review of plans or inspection of construction work
by consultants engaged by Firestone for that purpose. The Developer shall also apply and
pay for a PIP for all common facilities.
E. Licensing of Contractors and/or Subcontractors
Owner shall ensure that the general contractor employed by the Owner shall have a Class
A license issued by the Town before any work on the Improvements is commenced.
F. Testing and Inspection
Testing and inspection of the construction and materials shall be in accordance with
Firestone's current Standards and Specifications. In addition, Owner shall employ, at its
own expense, a licensed and registered testing company to perform all testing of materials
or construction that may be required by Firestone. Owner shall furnish copies of test results
to the Town Administrative Official on a timely basis for review and acceptance prior to
commencement or continuation of that particular phase of construction. At all times during
said construction, Firestone shall have access to inspect the materials and workmanship of
said construction, and all materials and work not conforming to the accepted plans and
specifications shall be repaired or removed and replaced at Owner's expense so as to
conform to the accepted plans and specifications.
All work shown on the accepted plans requires inspection by the Engineering Division.
Except for Town of Firestone holidays, inspection services are provided Monday through
Friday, from 8:00 a.m. to 4:00 p.m. During the hours listed above, inspections shall be
scheduled a minimum of 24 hours in advance with the Engineering Division. Requests for
inspection services beyond the hours listed above shall be submitted a minimum of 48
hours in advance in writing to the Town Engineer for acceptance. Owner shall reimburse
the Town for all direct costs of the after-hours inspection services. If the request is denied,
the work shall not proceed before or after the hours listed above.
Common Facilities shall have inspections performed by a professional consulting service
acceptable to Firestone. At all times, Firestone shall have access to inspect the materials
and workmanship of the Common Facilities if deemed necessary by Firestone. Inspection
services for landscaping will also include the selection and tagging of plant materials prior
to delivery to the site. Landscape and irrigation inspection services shall conform to
Firestone's current Standards and Specifications or Development Code.
Del Camino Central Filing No. 3
G. Rights -of -way, Easements and Permits
Prior to commencement of construction of Public Improvements that require additional
rights -of -way to be acquired, Owner shall acquire at its own expense and convey to
Firestone, all necessary land, rights -of -way, and easements required by Firestone for the
construction of the proposed improvements related to the Development. Owner is only
obligated to acquire that portion of land, rights -of -way, and easements necessary for the
construction of Public Improvements, roads, and utilities required by this Agreement.
All such conveyances shall be free and clear of liens, taxes, and encumbrances and shall
be by Special Warranty Deed or easement in a form and substance acceptable to Firestone.
All title documents shall be recorded by Firestone at Owner's expense. Owner shall also
furnish, at its own expense, an ALTA title insurance policy for all interest(s) so conveyed,
subject to acceptance by Firestone.
Owner shall be responsible for obtaining the following, to the extent applicable:
All permits as required by the United States Corps of Engineers.
2. Colorado Department of Public Health and Environment ("CDPHE")
"General Permit for Stormwater Discharges Associated with Construction
Activity," required during construction.
3. Town of Firestone "Stormwater Quality Permit" per Firestone's current
Standards and Specifications.
4. Air Quality Permit.
H. Street Improvements
Owner shall furnish and install, at its own expense, the street improvements in conformance
with the drawings, plans, and specifications accepted by Firestone and in accordance with
the PIP.
I. Sidewalk Improvements
Owner shall furnish and install, at its own expense, all sidewalk improvements in
conformance with the drawings, plans, and specifications accepted by Firestone.
J. Street Signs, Traffic Signs, and Striping
Owner will furnish and install at Owner's expense street name signs, striping, stop signs,
speed limit, and other signs on all streets, in accordance with the Manual of Uniform Traffic
Control Devices, as from time to time amended, and other applicable legal requirements.
K. Streetlights
Owner shall furnish complete plans for street lighting to be reviewed and accepted by
Firestone. The total cost of street light installation shall be Owner's obligation. Owner shall
cause, at its own expense, United Power to install all required street lighting pursuant to
United Power plans and specifications as submitted to and accepted in writing by the Town
Cr
Del Camino Central Filing No. 3 4
Administrative Official. Said streetlights shall be installed concurrently with the streets on
which they are located. The type of streetlights shall be accepted by Firestone. Streetlights
shall be operational before the streets are open to the public. Owner shall be responsible
for payment of all utility billing for streetlights prior to Final Acceptance.
L. Water Improvements
Owner shall furnish and install all water mains, lines, and appurtenances in conformance
with the drawings, plans, and specifications accepted by Firestone.
M. Wastewater Improvements
Owner shall furnish and install all sewer lines and appurtenances in conformance with the
drawings, plans, and specifications approved by the St. Vrain Sanitation District.
N. Drainage Improvements
1. Drainage improvements for the Development shall be constructed by
Owner in accordance with drawings, plans, and specifications accepted by
Firestone. Unless otherwise approved by Town, overlot grading shall not be
initiated by Owner until Firestone approves drainage improvement plans by
the issuance of the PIP. Owner shall provide temporary erosion control
during and after overlot grading until the site is stabilized.
2. Drainage improvements for the Development shall be constructed by the
Owner in accordance with accepted construction plans.
3. Owner shall be responsible for obtaining a CDPHE "General Permit for
Stormwater Discharges Associated with Construction Activity" required
during construction. A copy of this permit shall be submitted to Firestone.
4. Owner agrees that all construction shall be in conformance with any and all
National Pollutant Discharge Elimination Systems (NPDES) standards,
including compliance with and applicable NPDES and CDPHE permits
issued to the Owner, applicable to the Development. The Owner further
agrees that in the event there is any violation of such standards or permits
issued, if the Town, as a result of the Owner's actions, is subject to or is
given a monetary fine, penalty, or any type of obligation is imposed, such
circumstance will constitute a default under the terms of this Agreement.
Failure of the Owner to cure the default by reimbursement to the Town,
upon notice to cure as required by Section X.C herein, shall result in a
default of this Agreement.
5. Owner shall be responsible for obtaining a Town of Firestone "Stormwater
Quality Permit" per Firestone's current Standards and Specifications.
6. All drainage improvements not located on Town -owned property shall be
maintained by the Owner, (the "Obligated Entity"). Drainage improvements
may include, but are not limited to landscaping, open areas, grass, shrubs,
Del Camino Central Filing No. 3 5
trees, retaining walls, sidewalks, ponds, pipes, underdrains, swales, drain
pans, and inlet and outlet structures.
Owner shall include the Obligated Entity in the final inspection procedures
for the drainage improvements and shall provide Firestone with the
Obligated Entity's written acceptance of the maintenance responsibility for
the drainage improvements prior to Final Acceptance.
O. Landscape Improvements
For public lands, common facilities, and rights -of -way, Owner shall furnish Firestone
complete final landscape and irrigation plans for each phase and obtain acceptance by
Firestone prior to commencement of construction. Owner shall construct landscape
improvements as required in the landscape plan before the constructed improvements are
accepted by Firestone. Landscape plans need not be provided for private landscaping on
single-family residential lots. For all development and Common Facilities other than
single-family detached development, Owner shall furnish final landscape and irrigation
plans to the Town Administrative Official for acceptance prior to installation of landscape
improvements.
P. Utility Coordination and Installation
Owner shall be responsible for coordination of and payment for installation of on -site and
off -site electric, streetlights, natural gas, telephone, cable television, and other such
utilities. All new and existing utilities shall be placed underground as required by the
Firestone Municipal Code ("Code") prior to the issuance of any building permit for the
Development. Necessary above -ground appurtenances (meters, transformers, etc.) shall be
carefully located with maximum aesthetic considerations, and outside of any sight
triangles. Any above -ground appurtenances that will be visible from the public rights -of -
way shall be screened from view. Screening shall consist of landscaping and/or, low
fencing shall be installed in accordance with the Firestone Development Code. Specifics
of the screening requirements shall be reviewed with the Landscape Plans and, as amended,
once utilities are installed.
Q. Underdrains
The Owner may choose to install foundation underdrains and a site -wide underdrain
collection system under the sanitary sewer system. The Town grants the use of Town -
owned right-of-way for these facilities, but the Town assumes no maintenance
responsibility for the facilities. These underdrain systems shall be maintained by the
Obligated Entity.
The Owner shall install a curb underdrain system pursuant to the Standards and
Specifications and as shown on the Town -accepted construction plans. This system shall
be maintained by the Town.
R. Maintenance Definition
Maintenance is the process of preserving capital improvements, structures, development,
or systems to meet their function or original intent of the facility. This is the preservation,
Del Camino Central Filing No. 3
conservation, keeping in good condition, operating safely and efficiently, testing,
inspection, servicing, repairing, grading, cleaning, picking up trash and debris, pest control,
painting, mowing, pruning, and prolonging these facilities. Maintenance also includes the
provision of financial support to maintain the facilities. Facilities include but are not limited
to landscaping, open areas, grass, shrubs, trees, playgrounds, site furniture and fixtures,
retaining walls, signs, sidewalks, drainage structures such as ponds, swales, drain pans,
inlets, and outlet structures.
Maintenance may involve many different numbers and types of companies, services, and
individuals to look after the facility, as well as the ability to coordinate these efforts.
Maintenance includes both routinely scheduled activities and non -routine repairs that may
be required.
A maintenance plan should be prepared and submitted as part of the development
review/approval process and be provided to the Obligated Entity responsible for
maintenance activities.
V. IMPROVEMENT ACCEPTANCE
A. Initial Acceptance
No later than ten (10) days after Public Improvements and/or Common Facilities are
substantially complete, Owner shall request of the Town Administrative Official an
inspection by Firestone. If Owner does not request this inspection within ten (10) days of
completion of the Public Improvements and/or Common Facilities, Firestone may conduct
the inspection without the approval of Owner. Owner shall provide Firestone with complete
"as -built" drawings in a form as defined in Firestone's current Standards and
Specifications. If Owner has not completed appropriate Public Improvements and/or
Common Facilities as provided for in this Agreement, Firestone may exercise its right to
secure performance as provided in Section X.C of this Agreement. If Public Improvements
and/or Common Facilities completed by Owner are satisfactory, the Town Administrative
Official shall grant "Initial Acceptance," which shall be subject to "Final Acceptance" as
set forth herein. If Public Improvements and/or Common Facilities are not satisfactory, the
Town Administrative Official shall provide written notice to Owner of the repairs,
replacements, construction, or other work required to receive Initial Acceptance. Owner
shall complete all needed repairs, replacements, construction, or other work within thirty
(30) days of said notice, weather permitting. After Owner completes the repairs,
replacements, construction, or other work required, Owner shall request of the Town
Administrative Official a re -inspection of such work to determine if Initial Acceptance can
be granted. Firestone shall provide written notice to Owner of the acceptability or
unacceptability of such work prior to proceeding to complete any such work at Owner's
expense. If Owner does not complete the repairs, replacements, or other work required
within thirty (30) days of said notice, Firestone may exercise its rights to secure
performance as provided in Section X.C. of this Agreement. Firestone reserves the right to
schedule re -inspections. No "Certificate of Occupancy" will be issued by Firestone prior
to Initial Acceptance without written approval from the Town Administrative Official.
IS
Del Camino Central Filing No. 3
Additionally, for Common Facilities, the Owner shall include the Obligated Entity in the
final inspection procedures and provide Firestone with written acceptance of the Common
Facilities for maintenance from this final Obligated Entity.
B. Maintenance of Improvements
1. Warranty
Owner shall provide Firestone with a warranty starting from the date of
Initial Acceptance until the date of Final Acceptance. This warranty period
shall be for a minimum of two (2) years or until eighty percent (80%) of the
building permits have been issued for the phase, whichever occurs later, on
all Public Improvements and shall provide a two (2) year Warranty to the
Obligated Entity for the Common Facilities.
2. Maintenance of Improvements
For the entire Warranty period, Owner shall, at its own expense, take all
actions necessary to maintain said Public Improvements and make all
needed repairs or replacements which, in the reasonable opinion of
Firestone, shall become necessary, except that Firestone shall be
responsible for snow removal on public streets. If, within thirty (30) days
after Owner's receipt of written notice from Firestone requesting such
repairs or replacements, Owner has not completed such repairs, Firestone
may exercise its rights to secure performance as provided in Section X.C of
this Agreement. In the event that said repair is solely determined by the
Town to be an emergency, the Town may immediately complete said repairs
and invoice the Owner for the Town's actual costs. The Owner shall
reimburse the Town within sixty (60) days after receipt of written
notification of the repair and supporting documentation from the Town
Administrative Official. No acceptances shall be issued until Owner has
made full payment for said repairs.
C. Final Acceptance
At least thirty (30) days before the Warranty period elapses from the issuance of Initial
Acceptance, or as soon thereafter as weather permits, Owner shall request a Final
Acceptance inspection in writing. The request shall be made to the Town Administrative
Official. The Town Administrative Official shall inspect the Public Improvements and
shall notify Owner in writing of all deficiencies and necessary repairs. After Owner has
corrected all deficiencies and made all necessary repairs identified in said written notice,
the Town Administrative Official shall issue to Owner a letter of Final Acceptance, as soon
as reasonably possible thereafter. If Owner does not correct all deficiencies and make
repairs identified in said inspection to Firestone's satisfaction within thirty (30) days after
receipt of said notice, weather permitting, Firestone may exercise its rights to secure
performance as is provided in Section X.C of this Agreement. If any mechanic's liens have
been filed with respect to the Public Improvements, Firestone may retain all or a portion
of the Improvement Guarantee up to the amount of such liens. If Owner fails to have Public
Improvements finally accepted within two (2) years of the date of the issuance of Initial
Acceptance or any Public Improvements are found not to conform to this Agreement and
Del Camino Central Filing No. 3 8
Firestone's current Standards and Specifications, then the Owner shall be in default of the
Agreement, and Firestone may exercise its rights under Section X.C of this Agreement.
D. Reimbursement to Firestone
In the event it becomes necessary for Firestone to complete the Public Improvements
and/or Common Facility improvements due to the failure of Owner to complete said Public
Improvements and/or Common Facility improvements, Firestone may complete
construction, repairs, replacements, or other work with funds other than the Improvement
Guarantee, in which event Owner shall reimburse Firestone within sixty (60) days after
receipt of written demand and supporting documentation from the Town Administrative
Official. If Owner fails to reimburse Firestone, then Owner shall be in default of this
Agreement, and Firestone may exercise its rights under Section X.C of this Agreement.
VI. IMPROVEMENT GUARANTEE
A. Public Improvement and Common Facilities Schedule
Owner has submitted the certified Public Improvement and Common Facilities Schedule
shown as "Exhibit B" attached hereto and incorporated herein by reference. Said exhibit
generally identifies those Public Improvements to be furnished, installed, or constructed
relative to the Development. Omission of any improvement from "Exhibit B" does not
relieve Owner from responsibility for furnishing, installing, or constructing such
improvement. The Owner shall list all Common Facilities separately and subtotal
separately on "Exhibit B."
B. Improvement Guarantee
Owner shall submit to the Town Administrative Official an Improvement Guarantee for all
Public Improvements for the Final Plat prior to recordation of this agreement. Said
guarantee may be in cash or a letter of credit in form and substance.
Said Improvement Guarantee shall include, but not be limited to, street,
curb, gutter, sidewalks, landscaping, fencing, streetlights, water, sewer,
storm sewer and drainage improvements, trails and park improvements on
or off the Development.
2. The total amount of the guarantee for the Development shall be calculated
as a percentage of the total estimated cost, including labor and materials of
all Public Improvements to be constructed in the Development as described
on "Exhibit B." The total minimum amounts are as follows:
a) Prior to commencement of construction of Public Improvements and
Common Facilities improvements: 115% of the amount(s) shown on
"Exhibit B."
b) Upon Initial Acceptance of the Public Improvements in each phase
through Final Acceptance: 25% of the amount(s) shown on "Exhibit
B." The guarantees may be reduced on a phased basis as shown on
i
Del Camino Central Filing No. 3 9
"Exhibit D."
c) Upon Initial Acceptance of Common Facilities: 0%.
d) After Final Acceptance of Public Improvements: 0%. The
guarantees may be released on a phased basis as shown on "Exhibit
D."
3. In addition to any other remedies it may have, Firestone may, at any time
prior to Final Acceptance, draw on any letter of credit or Improvement
Guarantee received pursuant to this Agreement.
In the event that, a) the Owner fails to extend or replace the letter of credit
at least sixty (60) days prior to expiration of such letter of credit, b) the letter
of credit is set to expire, c) Firestone receives notice that the letter of credit
will not be renewed, d) the entity issuing the letter of credit becomes non -
qualifying, or e) the letter of credit, in the sole determination of Firestone,
is at risk of being lost as a guarantee, then, in any of these events, the Owner
shall be in default of this Agreement and Firestone may immediately draw
on the letter of credit for the full amount of the letter of credit. In such event
as identified herein, no notice or prior notice shall be required prior to
drawing on the letter of credit.
The Town may hold the funds obtained from the letter of credit until the
Public Improvements and Common Facilities, as set forth on "Exhibit B,"
are completed and accepted by the Town. In the event the Public
Improvements and Common Facilities are not completed by the Owner
within the time period set forth in this Agreement or in the manner as
required by this Agreement, the Town may, at its sole discretion, use any or
all of the funds to complete some or all of the Public Improvements and
Common Facilities. In any event, the Town shall have no obligation to
complete any or all of the Public Improvements and Common Facilities.
Owner is further subject to the provisions of Section X.C of this Agreement,
as well as the suspension of development activities by Firestone, including,
but not limited to, the withholding of building permits and certificates of
occupancy.
In the event that Firestone reasonably determines the cost of the Public
Improvements and Common Facilities and construction to be greater than
the amount of the security guarantee provided by the Owner to the Town,
then Firestone shall furnish written notice to Owner of the condition, and
within thirty (30) days of receipt of such notice Owner shall provide
Firestone with a substituted qualifying Improvement Guarantee, or augment
the deficient security as necessary to bring the security into compliance. If
Owner fails to provide Firestone with a substituted qualifying Improvement
Guarantee, or augment the deficient security as necessary to bring the
M
Del Camino Central Filing No. 3 10
security into compliance, then Owner is in default of this Agreement,
without further notice, and is subject to the provisions of Section X.C of this
Agreement, as well as the suspension of development activities by Firestone
including, but not limited to, the withholding of building permits and
certificates of occupancy.
4. If Firestone draws on the letter of credit to correct deficiencies or complete
Public Improvements and Common Facilities, any portion of said guarantee
not utilized in correcting the deficiencies and/or completing improvements
shall be returned to Owner within thirty (30) days after Final Acceptance of
said Public Improvements and Common Facilities.
5. Building Permit Restrictions
Owner agrees that the execution of this Agreement, the Town's approval of
construction plans, or the Town's issuance of any type of permit for
construction of the Public Improvements does not in any way constitute an
approval of building permit allocations or building permits.
a) Owner expressly understands and acknowledges that the expenditure
of funds for the construction and installation of any Public
Improvements prior to approval of building permit allocations or
building permits is exclusively at the Owner's risk. The Town
reserves the right, in exercise of its police power, to choose not to
grant building permits, or otherwise restrict or condition the granting
of building permits for the Development based on current or future
resolutions or ordinances of the Town. Unless specifically restricted
or conditioned by current or future resolutions or ordinances of the
Town, building permits may be granted once all Public
Improvements for the Development or within each phase of the
Development are operational as solely determined by the Town.
b) Upon written request of the Owner, at the sole discretion of the Town,
the Owner may begin construction of the Public Improvements
without furnishing an Improvement Guarantee, as provided in this
Agreement, upon the following conditions:
i. The Owner has not transferred title to any portion of the
Development.
ii. The Owner shall be required to obtain Initial Acceptance
of all Public Improvements for the Development or
within each phase of the Development prior to the
issuance of a building permit.
iii. After the Owner begins construction of the Public
Improvements, if the Public Improvements remain
unfinished for a period of one (1) year from the date this
Agreement becomes effective, the Town shall require an
Del Camino Central Filing No. 3 11
Improvement Guarantee in accordance with this
Agreement in lieu of the building permit restriction
required by this Subsection. The Owner will have fifteen
(15) days to provide the Town with such an
Improvement Guarantee, or the Town may issue a stop
work order to remain in effect until the Improvement
Guarantee is provided to the Town. The Town
Administrative Official, at their sole discretion, may
grant a single extension of up to one (1) additional year.
iv. The Owner shall not transfer title to any portion of the
Development prior to Initial Acceptance being granted
by the Town or upon providing the Town with an
Improvement Guarantee in accordance with this
Agreement.
c) Upon the Town's Initial Acceptance of the Public Improvements,
which shall include receipt of the Improvement Guarantee as outlined
in Section VI.B, this building permit restriction shall be removed.
VII. OVERSIZING AND REIMBURSEMENT
Firestone may require Owner to build utility lines and other infrastructure large enough to serve
property other than Owner's (oversizing). Firestone may also require Owner to construct or
participate in the construction of certain off -site Public Improvements. Certain such improvements
qualify for reimbursement pursuant to the policies of Firestone.
A. Reimbursement due to Owner for Qualifying Public Improvements
Constructed by Owner
Owner is entitled to reimbursement for the oversized part of utilities and other
infrastructure and/or a pro -rata portion of the cost of off -site Public Improvements. At the
time of final approval of a subdivision plat or other development plans for properties that
use these utilities or Public Improvements, Firestone will require, as a condition of
approval, a proportional reimbursement to Owner as described in "Exhibit C." attached
hereto and incorporated herein by this reference. Nothing contained in this Agreement shall
operate to create an obligation on the part of Firestone to pay or reimburse any costs to
Owner in the event such costs are not recovered by Firestone as contemplated herein, for
any reason, from the properties or property owners that use the utilities or Public
Improvements, so long as Firestone has made a good faith effort to recover such costs.
B. Reimbursement due from Owner for Qualifying Public Improvements
Constructed by Others
Owner will be required to reimburse Firestone or others who have constructed oversized
utilities and other infrastructure that will be utilized by Owner's Property. The amount of
the reimbursement due, if any, is described in "Exhibit C."
VIII. MISCELLANEOUS CONSTRUCTION STANDARDS
l
Del Camino Central Filing No. 3 12
A. Trash, Debris, Mud
Owner agrees that during construction of the Development and improvements described
herein, Owner will take appropriate steps necessary to control trash, debris, and wind or
water erosion in the Development. If Firestone determines that said trash, debris, or wind
or water erosion causes substantial damage or injury or creates a nuisance, Owner agrees
to abate said nuisance in accordance with Town Ordinances, but no later than twenty-four
(24) hours after notification of said nuisance. If Owner does not abate said nuisance,
Firestone may abate the nuisance and/or correct any drainage or injury without notice to
Owner, at Owner's expense. Owner also agrees to take any and all reasonable steps
necessary to prevent the transfer of mud or debris from the construction site onto public
rights -of -way and to immediately remove such mud and debris from public rights -of -way
after notification by Firestone. If Owner does not abate, or if an emergency exists as solely
determined by the Town, Firestone may abate at Owner's expense. Owner is further subject
to the provisions of Section X.C of this Agreement, as well as the suspension of
development activities by Firestone, including, but not limited to, the withholding of
building permits and certificates of occupancy.
B. Operation of Construction Equipment
The operation of construction equipment outside an enclosed structure shall be prohibited
on weekdays between the hours of 7:00 p.m. and 7:00 a.m. With the prior written approval
of the Town Administrative Official, the operation of such equipment outside an enclosed
structure may be permitted on weekend days and legal holidays between the hours of 8:00
a.m. and 4:00 p.m. The Town Administrative Official may alter the hours of operation for
good cause. All construction activities shall operate in accordance with all Town codes,
ordinances, and policies in regard to sound and noise. Failure to comply with this provision
may result in the Owner to subjected to the provisions of Section X.C of this Agreement,
as well as the suspension of development activities by Firestone, including, but not limited
to, the withholding of building permits and certificates of occupancy.
IX. SPECIAL PROVISIONS
A. Transportation
None.
B. Phasing Map ("Exhibit D")
The Development shall be constructed as outlined in "Exhibit D". All Public
Improvements within each phase shall be installed and operational as solely
determined by the Town prior to the Town issuing building permits. Each Phase
shall have two points of access, a looped water system, and shall have the
appropriate sanitary sewer substantially completed and operational, as determined
by the Town, prior to the issuance of any building permit for that phase. No building
permits may be issued within any subsequent phase until Public Improvements in
the previous phase are installed and operational, as solely determined by the Town.
C. Dedication of Parks and Open Space
1. Neighborhood Park. Owner shall satisfy the neighborhood park land dedication
`.Y
Del Camino Central Filing No. 3 13
requirement of 0.207 acres for the Development ("Neighborhood Park Land
Dedication") through payment of a cash fee -in -lieu of parkland dedication, in
accordance with Section 16.7.3.B.7 of Title 16 of the Code, and in the amount set
forth in Exhibit C ("Neighborhood Park Land Value Fee -in -Lieu"). Owner shall
pay the Neighborhood Park Land Value Fee -in -Lieu prior to issuance of the first
building permit for the Development.
2. Community Park. Owner shall satisfy the community park land dedication
requirement of 0.345 acres for the Development through payment of a cash fee -in -
lieu of parkland dedication, in accordance with Section 16.7.3.B.7 of Title 16 of the
Code, and in the amount set forth in Exhibit C ("Community Park Land Value Fee -
in -Lieu"). Owner shall pay the Community Park Land Value Fee -in -Lieu prior to
recordation of the Final Plat. Owner shall pay the Neighborhood Park Land Value
Fee -in -Lieu prior to issuance of the first building permit for the Development.
3. Open Space. Owner shall satisfy the Open Space requirement of 0.966 for the
Development through payment of a cash fee -in -lieu of open space dedication, in
accordance with Section 16.7.3.C.6 of Title 16 of the Code, and in the amount set
forth in Exhibit C (Open Space Fee -in -Lieu"). Owner shall pay the Open Space
Fee -in -Lieu prior to issuance of the first building permit for the Development.
D. Installation of Parks, Landscaping and Trails
1. Arbor Street Sidewalk Owner shall design and construct and obtain an award
of Initial Acceptance for an 8' wide pedestrian sidewalk ("Sidewalk"), to be
installed within either the Arbor Street right-of-way as shown on the Del Camino
Central Filing No. 3 Final Plat or separate easement area within the Development,
or some combination of both, and in accordance with the approved construction
plans, no later than the date the Town issues the first certificate of occupancy for
the Development.
a. Plan Submission and Acceptance. Owner shall furnish to the Town the
required plan review fees and complete construction drawings/documents,
plans, and specifications for the Sidewalk, and an engineer's cost estimate
or certified Public Improvement Schedule (collectively, the "Sidewalk
Plans") by no later than the date the Town issues the first building permit
for the Development. The Town shall issue its written acceptance or
rejection of the Sidewalk Plans as expeditiously as reasonably possible.
Acceptance or rejection shall be based upon the standards and criteria for
Standards and Specifications as established by the Town, and the Town
shall notify Owner of all deficiencies which must be corrected prior to
acceptance. All deficiencies shall be corrected, and the Sidewalk Plans shall
be resubmitted to and accepted by the Town prior to construction.
2. Parks. Because Owner will be satisfying the Neighborhood Park Land
Dedication through payment of Neighborhood Park Land Value Fee -in -Lieu in
accordance with Section IX.C.2. Owner shall not be required to construct and
obtain an award of Initial Acceptance for the Neighborhood Park; instead, Owner
shall satisfy such obligation through payment of a cash fee -in -lieu ("Neighborhood
Park Construction Fee"), in accordance with Section 16.6.3.B.8 of Title I6 of the
l
Del Camino Central Filing No. 3 14
Code and in the amount set forth in Exhibit C. Owner shall pay the Neighborhood
Park Construction Fee prior to issuance of the first building permit for the
Development.
3. Landscaping and Trails. Owner shall design and construct Landscape and Trail
Improvements on Lot I as shown on the accepted construction plans.
E. Maintenance of Parks, Trails, Open Space, and Landscaping
Lot I shall be maintained by the Obligated Entity.
F. Maintenance of Vacant Lots
Owner shall be responsible for maintenance, including weed control, on all lots
until such time as the lots are sold to a homeowner.
G. Fencing and Screening
Fencing within the Development shall be installed in accordance with Title 16 of
the Code.
H. Utilities
Owner shall provide the Town with all necessary permanent and temporary
drainage and utility easements prior to construction.
I. Water
Water Dedication was determined based on information provided by the applicant.
The total amount of CBT water to be dedicated to the Town was calculated based
on acres of irrigated landscaping on the site and total estimated domestic (In -
Building) demand. The Town shall at all times have the right to require additional
water dedication if actual consumption exceeds this calculated estimate. If the
Town determines that additional CBT water is to be dedicated, the Lot owner shall
provide the water within 30 days of written notice by the Town. The additional
dedication shall be based on the Town's then -current water dedication policies.
The Town of Firestone has determined the required CBT dedication to be:
Irrigation Demand: 1.49 AF (Includes 20% Irrigation line loss)
Domestic Demand: 4.70 AF
Total Water Demand: 6.19 AF (11 CBT Shares)
The Total value represents a calculated estimate only and is not to be construed as
the actual Water Dedication requirement for all tenant spaces (units) within each
building. Accordingly, the calculated estimate may not be sufficient to provide full
occupancy of each building or meet all the Water Demands for all desired uses and
tenant spaces of each building. More detailed terms pertaining to Owner's
satisfaction of the Water Dedication requirement will be set forth in a separate water
dedication agreement for the Del Camino Central Filing No. 3 Final Plat between
the Town and Owner.
J. Disclosure Statements
None.
The Oil and Gas Well Disclosure is evidenced by the recordation of the
Del Camino Central Filing No. 3 15
existing Surface Use Agreements and various Letter Agreements with the
Oil and Gas companies. A statement indicating the existence of such
documents ("Exhibit F") shall be signed by the property owner upon
execution of the sales contract for the property.
X. MISCELLANEOUS TERMS
A. Ground Water Dedication
As provided by Firestone ordinances, all tributary and not non -tributary ground water rights
not already transferred to Firestone shall be dedicated to Firestone at the time of Final Plat
recordation. Transfer of the water rights shall be by Special Warranty Deed tendered to
Firestone prior to signatures being affixed to this agreement.
B. Default
If Owner fails to fulfill the terms and conditions of this Agreement, Firestone, in its sole
discretion, may declare Owner in default and may call the security and draw on the letter
of credit provided for in Section VI, and may further exercise all remedies available to
Firestone in law and equity. Firestone may also withhold any additional building permits,
certificates of occupancy, or provision of new utilities fixtures or services until the
completion of the Public Improvements and Common Facilities and/or the default has been
cured by Owner. Any costs incurred by Firestone, including, but not limited to, reasonable
administrative costs and reasonable attorney's fees, in pursuit of any remedies due to the
breach by Owner shall be paid by Owner. Firestone may deduct these costs from the
Improvement Guarantee. Firestone shall have the right to enforce the Owner's obligations
hereunder by an action for any equitable remedy, including injunction or specific
performance, or an action to recover damages. No remedy or election hereunder shall be
deemed exclusive but shall, whenever possible, be cumulative with all other remedies at
law or in equity.
If Owner fails to fulfill the terms and conditions of Section VI of this Agreement, or any
other monetary, security or surety default, Firestone, in its sole discretion, may declare
Owner in default and may immediately call the security due and draw on the letter of credit
provided for in Section VI without notice to Owner, and may further exercise all remedies
available to Firestone in law and equity and as provided for herein.
C. Insurance and Safety
Owner shall, through contract requirements and other normal means, guarantee and furnish
to Firestone proof thereof that all employees and contractors engaged in the construction
of improvements are covered by adequate Workman's Compensation Insurance and Public
Liability Insurance and shall require the faithful compliance with all provisions of the
Federal Occupational Safety and Health Act (OSHA).
D. Indemnification and Release of Liability
Owner agrees to indemnify and hold harmless Firestone, its officers, employees, agents, or
servants, and to pay any and all judgments rendered against said persons on account of any
suit, action, or claim caused by arising from, or on account of acts or omissions by Owner,
Del Camino Central Filing No. 3 16
its officers, employees, agents, consultants, contractors, and subcontractors, and/or suit,
action, or claim resulting from mineral right disputes and/or Owner's failure to abide by
the terms of this Agreement, and to pay to Firestone and said persons their reasonable
expenses, including but not limited to, reasonable attorney's fees and reasonable expert
witness fees, incurred in defending any such suit, action or claim. Owner's obligation
herein shall not apply to the extent said suit, action, or claim results from any acts or
omissions of officers, employees, agents, or servants of Firestone or conformance with
requirements imposed by Firestone, said obligation of Owner shall be limited to suits,
actions, or claims based upon conduct prior to Final Acceptance by Firestone of the
construction work. Owner acknowledges that Firestone's review and acceptance of plans
for the Development is done in furtherance of the general public's health, safety, and
welfare, and that no immunity is waived and no specific relationship with or duty of care
to Owner or third parties is assigned by such review and acceptance.
E. Recording Agreement
Firestone shall record this Agreement at Owner's expense in the office of the Clerk and
Recorder, County of Weld, State of Colorado, and Firestone shall retain the recorded
Agreement.
F. Binding Effect of Agreement
This Agreement shall be binding upon and inure to the benefit of the parties, their
successors in interest, or their legal representatives, including all developers, purchasers,
and subsequent owners of any lots or parcels within the Property, and shall constitute
covenants running with the land. Owner shall not be released from its obligations hereunder
until written notice to the Town Administrative Official of the assignment of said
obligations to a successor, accompanied by written acceptance of such obligations by the
successor, has been received by Firestone and consent to such assignment by Firestone as
required by Paragraph X.H has been granted. This Agreement shall be recorded with the
County Clerk and Recorder of Weld County, Colorado, at Owner's expense. Subject to the
conditions precedent herein, this Agreement may be enforced in any court of competent
jurisdiction.
G. Assignment, Delegation, and Notice
Owner shall provide to the Town Administrative Official, for consent, written notice of: 1)
any proposed transfer of title to all or any portion of the Development, 2) arrangements for
delegation or transfer of the Improvement obligations hereunder to any successor, and 3)
successor's written acceptance of such Improvement obligations. Notwithstanding the
foregoing, Owner may sell developed lots or all of the multi -family tracts without
Firestone's consent, provided that the purchaser deposits with Firestone all guaranties,
security, and sureties required under this Agreement. Until the Town Administrative
Official provides written consent to the assignment, Owner and Owner's successors and
assigns shall be jointly and severally liable for the assigned Improvement obligations.
Firestone may withhold its consent in the event it reasonably determines that the
Improvement obligations or any constituent element of this Agreement may not be fulfilled
through assignment or that the benefit of Firestone's bargain under this Agreement may be
materially and adversely impaired by such assignment.
V9�
Del Camino Central Filing No. 3 17
H. Modification and Waiver
No modification of the terms of this Agreement shall be valid unless in writing and
executed with the same formality as this Agreement, and no waiver of the breach of the
provisions of any sections of this Agreement shall be construed as a waiver of any
subsequent breach of the same section or any other sections which are contained herein.
I. Addresses for Notice
Any notice or communication required or permitted thereunder shall be given in writing
and shall be personally delivered, or sent by United States mail, postage prepaid, registered
or certified mail, return receipt requested, addressed as follows:
Firestone:
Town of Firestone
Town Manager
P.O. Box 100
Firestone, CO 80520
Keith Martin
Widner Juran LLC
13133 East Arapahoe Road, Suite
100
Centennial, CO 80112
Owner:
GATEWAY NORTH HOLDINGS,
LLC
Larry S. Buckendorf, Authorized
Agent
7251 W. 20'h St, L-200
Greeley, CO 80634
Lia Szasz
Otis and Bedingfield, LLC
2725 Rocky Mountain Avenue,
Suite 300
Loveland, CO 80538
With a copy to such other address or the attention of such other person(s) as hereafter
designated in writing by the applicable parties in conformance with this procedure. Notices
shall be effective upon mailing or personal delivery in compliance with this paragraph.
J. Force Majeure
Whenever Owner is required to complete construction, maintenance, repair, or replacement
of improvements by an agreed -upon deadline, Firestone shall grant a reasonable extension
of time if the performance cannot, as a practical matter, be completed in a timely manner
due to Acts of God or other circumstances constituting force majeure or beyond the
reasonable control of Owner.
K. Approvals
Whenever approval or acceptance of a matter is required or requested of Firestone pursuant
to any provisions of the Agreement, Firestone shall act reasonably in responding to such
matter.
L. Previous Agreements
All previous written agreements between the parties, their successors, and assigns,
including, but not limited to, any Annexation, Pre -Annexation Agreement, or Development
Del Camino Central Filing No. 3 1 g
s*e
Agreement shall remain in full force and effect and shall control this Development. If any
prior agreements conflict with this Agreement, then this Agreement controls.
M. Title and Authority
Owner warrants to Firestone that it is the record owner of the Property within the
Development. The undersigned further warrants that it has full power and authority to enter
into this Agreement.
N. Severability
If any part, section, subsection, sentence, clause, or phrase of this Agreement is for any
reason held to be invalid, such invalidity shall not affect the validity of the remaining
sections of the Agreement. The parties hereby declare that they would have ratified this
Agreement including each part, section, subsection, sentence, clause, or phrase thereof,
irrespective of the fact that one or more parts, sections, subsections, sentences, clauses, or
phrases be declared invalid.
O. Legal Fees; Venue
In the event that either party finds it necessary to retain an attorney in connection with a
default by the other as to any of the provisions contained in this agreement, the defaulting
party shall pay the other's reasonable attorney's fees and costs incurred in enforcing the
provisions of this Agreement. For the resolution of any dispute arising hereunder, venue
shall be in the Courts of the County of Weld, State of Colorado.
P. Agreement Status After Final Acceptance
Upon Final Acceptance by Firestone of all improvements and compliance by Owner with
all terms and conditions of this Agreement, and provided that no litigation or claim is
pending relating to this Agreement, this Agreement, with the exception of any maintenance
and reimbursement obligations, shall terminate and no longer be in effect.
Q. Enforceability
This Agreement is made only between the Owner and Firestone, or their successors and
assigns, and is not intended to benefit, and may not be enforced by, any third parties.
[SIGNATURES ON FOLLOWING PAGE]
Del Camino Central Filing No. 3 19
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth
above.
TOWN OF FIRESTONE, COLORADO
a or
ATTEST:
LA £1tMa'uk2 _
W11551 Cann CA t Aej4t4j 1 iwn C1C lL
APPROVE ' TO FORM:
Keit artin, Town ttomey
Del Camino Central Filing No. 3 20
OWNER:
GATEWAY NORTH HOLDINGS,
LLC
e -._ice.
I.
Title: Authorized Agent
ACKNOWLEDGMENT
STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this dayy of ��[��
202_, by Larry S. Buckendorf, as Authorized Agent of GATEWAY &TH HOfG�m'��(.X L.T. '
Witness my hand and official seal.
My commission expires: 1— 21 —2_
(SEAL)
LAIRAZIEGLER -j Notary Public
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19964000495
MY COMMISSION EXPIRES 0112112028
Del Camino Central Filing No. 3 21
EXHIBITS LIST
EXHIBIT A - DEL CAMINO CNETRAL FILING NO. 3 FINAL PLAT
EXHIBIT B PUBLIC IMPROVEMENT SCHEDULE
EXHIBIT C - PUBLIC IMPROVEMENT REIMBURSEMENT SCHEDULE
EXHIBIT D - PHASING PLAN
EXHIBIT E - LANDSCAPE MAINTENANCE MAP
EXHIBIT F - OIL & GAS DISCLOSURE
l
Del Camino Central Filing No. 3 22
EXHIBIT A
DEL CAMINO CENTRAL FILING NO.3 FINAL PLAT
Del Camino Central Filing No. 3 23
.C
I.
}.
4b
6PP
0
g
fl
H
gm
00
I
L
y
I,
M m
55�
le:
;..
0
O LL.O P
•
.(jl
Z o
I r,
o
zt1q,j
71 f;�
_ F
'1' S[ 1
S t
F Z a!•I
1
i 1 1
u t o
i
I-- et• °m
9•'l
ll��
m
U '-
O U W
ON ^
i
�`aiawe�
Z 0
�
ll{
J�
_
II
i r/
u
In o'=
Is
aee
.4.,r ..!.,
FIJ
elks:: s e s e
m
t t .
,, f
iii 1.1
ih #! jaj
,!!
2 i 1
li iE;lls.
m i
hij 1='1i4
?
lli'a
i.
!i
i';
r=
i1'f!
1t.! 1!
I
k iii (ii, iii,:!il l ,
! Ji ilfl' Ili-il 7 1 1 I
'
f'i illi i 14
i I !
ll :
fl' LLH
11
s t1
lii
,'
19
I ii
II,
in
+ e
t
lf•I
TI.i
i1
1I4
3,1
i
tli
i lk l
by
P:Hl
O
Del Camino Central Filing No. 3 24
EXHIBIT B
PUBLIC IMPROVEMENTS SCHEDULE
Del Camino Central Filing No. 3 25
1337 Riverside Avenue, Suite 2
Fort Collins, CO 80524
CIVIL GROUP Phone: 970.286.7995
Finsbn4L Cobrdo
Gateway North Mt - Arbor Street
Improvements
Engineers Opinion of Cost fo, Public Improvements
Estimate Dale C3`52/26
Project Manager. Rabble Laster (office) 970-305-35%
Engineer Ussardra
Ungerman (office) 970.305.3124
WATER MAIN
596,50320
STORM MAIN
$24,860.00
CURB & GUTTER, SIDEWALKS. & DRIVES
5128,329.50
ASPHALT - ARBOR STREET
$70,168.50
Sub -total:
5319,86120
15%Conti a
$47,979.18
Total:
5367,840.38
Total Construction Casts $367,840.38
WATIM MAIN
UNIT
__.QUANTITY
' UNITCOST
UT�
6'Wet Tap
EA
30
13500.00
51050000
8' Water Main
LF
620.0
7159
5,44,38S.3
8dW Ier Valves
EA
60
377959
$22,677.54
8-Honzontal Bends
FA
60
$91696
55501.76
8'Fillings
EA
2.0
51,552.56
$3105.12
Fire Hydrant Assembly
EA
10
11033298
11033298
Subtotal: 596,50320
STORM MAIN
UNIT QUANTITY._.
.UNIT COST s
0.9)
15 -RCP
IF 138
$120.00
11656900
is' 1(5
FA 10
14,200.00
$4200.00
4'DIA Manhole
FA 10
1410000
$41000:
Subtotal: 521,860,00
CURB & GUTTER, SIDEWALKS, & DRIVES
UNIT
QUANTITY
ON COSTS
St43D'
Curb &Goner
IF
1,2350
532.50
54013750
B' Sidewalk
IF
1,3960
$52.00
$72,592.00
8' H/C Ramp
FA
60.
52600.00
111600.00
Subtotal: SIZI,32950
Del Camino Central Filing No. 3 26
hereby alleft Thal the gwnl l7n -sled abwewere prepared by Ire. or under my d reel superviyon, and
aeamaldy represent t he consimtlion gsanliiies br improvements proposed on the final consiruclion
donrmenb In, the abate referenced pmjal.
V
Registered Professional Engineer Dale
LWR0l6
0
Del Camino Central Filing No. 3 27
EXHIBIT C
PUBLIC IMPROVEMENT REIMBURSEMENT AND FEE IN LIEU SCHEDULE
Reimbursements due Owner:
I. N/A
Reimbursements due Firestone:
I. N/A
Reimbursements due Others:
I. N/A
Fee In Lieu due Firestone:
I. N/A
Del Camino Central Filing No. 3 28
EXHIBIT D
PHASING PLAN
NONE
Del Camino Central Filing No. 3 29
EXHIBIT E
LANDSCAPE MAINTENANCE MAP
Del Camino Central Filing No. 3 30
z
I
I?tII
C.
1ili�
��$° I�ili� Iiel'₹
1. iie!. 1.1�^
('� dI!!!!:
• L
+ sFi1i`�[L ` 4 a a
pbt3 ;aaa aaa aaa a� as a n _� _'
'fi1f1 icr
1
_
Del Camino Central Filing No. 3 31
EXHIBIT F
OIL AND GAS DISCLOSURE
The undersigned, being the Purchaser(s) identified in that certain
("Purchase Contract") dated , 20_, between
a , as seller, and the undersigned, as Purchaser, with respect to
Block •__, Lot _, DEL CAMINO CENTRAL FILING NO.3, Town of Firestone, County of
Weld, State of Colorado (the "Lot") do hereby acknowledge and agree as follows, which
acknowledgements and agreements are given in consideration of and as a condition of Seller's
agreement to sell the undersigned the Lot and the home to be constructed thereon:
The undersigned hereby acknowledges the current existence of oil and gas wells and related
well facilities (and the possibility of additional future wells and facilities) located within the real
property encompassed by the DEL CAMINO CENTRAL FILING NO. 3 subdivision plat(s)
("Plat"). The locations of the current and possible future oil and gas wells and related well facilities
are identified on the DEL CAMINO CENTRAL FILING NO. 3Final Plat, as amended from time
to time. In addition to the foregoing, other oil and gas interests affecting the property may exist,
which may or may not be recorded in the real property records. The oil and gas leases and other
interests generally permit certain surface activity on the premises, which may include drill sites,
gathering pipelines, production sites and facilities, and access roads, all as further described in the
oil and gas leases and other documents affecting the premises.
The undersigned acknowledge that neither they nor Seller will own any interest in the oil
and gas or mineral estate underlying the property comprising DEL CAMINO CENTRAL FILING
NO. 3. There may be ongoing oil and gas operation and production of oil and gas within DEL
CAMINO CENTRAL FILING NO. 3, including in the vicinity of the Lots, as well as the existence
of pipeline easements and access routes across portions of DEL CAMINO CENTRAL FILING
NO. 3. Additional oil and gas wells may be drilled, and oil and gas operations and production will
likely take place within DEL CAMINO CENTRAL FILING NO. 3, including in the vicinity of
the Lots, which oil and gas production will affect portions of the surface of the real property
comprising DEL CAMINO CENTRAL FILING NO. 3. Heavy drilling equipment will be used in
connection with the operation and drilling of oil and gas wells within DEL CAMINO CENTRAL
FILING NO. 3and in conjunction with any production obtained from successor wells. Such
operations may be conducted on a 24-hour/seven days a week basis. Owners of real property within
DEL CAMINO CENTRAL FILING NO. 3will be bound by the terms and provisions of surface
use agreements entered into between the surface owners or developer of the land and certain oil
and gas owners and/or operators. These surface use agreements contain waivers, including a
waiver of surface damage payments, a waiver of setback, and waivers of other requirements
contained in the Rules and Regulations of the Colorado Oil and Gas Conservation Commission,
as well as a waiver of the right by an owner of any portion of the surface of the real property within
DEL CAMINO CENTRAL FILING NO. 3 to object in any forum to the use by oil and gas
companies of a portion of the surface of the real property within DEL CAMINO CENTRAL,
FILING NO.3.
Del Camino Central Filing No. 3 32
The undersigned acknowledges and recognizes the existence of such oil and gas leases and
other interests, and the surface activity associated with such oil and gas leases, and the undersigned,
to the extent it owns or becomes the owner of real property in DEL CAMINO CENTRAL FILING
NO. 3, assumes the risk of owning property near or adjacent to an oil and gas well operation. Such
risks include, without limitation, injury or damage to person and/or property arising out of, or
resulting from the drilling, operation and maintenance of an oil and gas well; noise associated with
an oil and gas well operation; explosion and fire; leakage of oil and/or gas from drilling or
production facilities; vehicles servicing the oil and gas site.
IN WITNESS WHEREOF, the undersigned has/have executed this Oil and Gas Well
disclosure the __day of , 20_.
Purchaser
Purchaser
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
20_, by
Witness my hand and official seal.
My Commission expires
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
20_, by
Witness my hand and official seal.
My Commission expires
Del Camino Central Filing No. 3
day of _ __ ,
day of
Notary Public
33
EXHIBIT C
Del Camino Central Filing 3
Water Dedication Agreement
C -BT WATER CREDIT PURCHASE AGREEMENT
This Water Credit Purchase Agreement ("Agreement"), made and entered into this ''a4
day of i a4't{1 , 2(("Effective Date"), by and between the Town of Firestone
acting by and through its Water Activity Enterprise ("Firestone") and Gateway North Holdings,
LLC whose address is 7251 W. 20`h Street, L-200, Greeley, CO 80634 ("Buyer");
WHEREAS, the Firestone Municipal Code ("Code") requires land developers to agree to
dedicate a certain amount of "water rights" and/or "shares" before annexing new land into
Firestone; and
WHEREAS, pursuant to the Code, a land developer must actually dedicate "water rights"
and/or "shares" in payment of water connection charges and before recording a subdivision plat
and/or before recording a final development plan and/or receiving a building permit; and
WHEREAS, Buyer is a land use applicant who has agreed to dedicate "water rights"
and/or "shares" to Firestone pursuant to an Annexation Agreement dated December 11, 1997
("Annexation Agreement"), and must actually dedicate those "water rights" and/or "shares" prior
to recording a final subdivision plat, recording a final development plan or receiving a building
permit; and
WHEREAS, Buyer is the owner of certain lands within the Town of Firestone, as more
fully described and depicted on Exhibit I (the "Property"), which Buyer is seeking to develop;
and
WHEREAS, Buyer has need for additional "water rights" and/or "shares" to fulfill
Buyer's water dedication requirements for the planned development on the Property; and
WHEREAS, Firestone owns certain water rights, which it has offered to Buyer in the
form of C -BT Water Credits to assist Buyer in achieving Buyer's water dedication requirements
pursuant to the Code; and
WHEREAS, Buyer is interested in purchasing the C -BT Water Credits from Firestone as
set forth in this Agreement; and
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual
agreement, and promises set forth herein, the receipt and sufficiency of which are hereby
acknowledged by both Parties, the Parties agree as follows:
t'b"'
1. Recitals. The foregoing Recitals are incorporated herein as if fully set forth.
2. C -BT Water Credits. A "C -BT Water Credit" shall be equivalent to one C -BT unit of water as
needed for Buyer's water dedication requirements pursuant to the code. The C -BT Water Credits
are derived from water rights, which are currently owned by Firestone. The C -BT Water Credits
shall be used solely for Buyer's water dedication requirements as described herein and shall not
survive termination of this Agreement by either party.
3. Purchase Price. Buyer agrees to pay the Purchase Price of $682,000.00 for up to 11 C -BT
Water Credits purchased. The Purchase Price is due and payable on the Effective Date of this
Agreement.
4. Dedication. The C -BT Water Credits purchased by Buyer herein shall be deemed
automatically dedicated to Firestone, at the execution of this Agreement, to fulfill the water
dedication requirement necessary for Buyer to obtain a final plat or final development plan for
the Property.
5. No Assignment. This Agreement shall not be assigned by Buyer without written approval
from Firestone. The C -BT Water Credits described herein are non -transferable and may only be
assigned due to a sale or conveyance of the Property by Buyer.
6. Refund. If Buyer's final subdivision plat application is denied, or if Buyer withdraws the
application before a decision is made by the applicable decision -maker, Firestone acknowledges
that Buyer's obligation to dedicate water for the planned development on the Property will
terminate. Upon Buyer's request, Firestone shall refund the Purchase Price paid by Buyer for the
C -BT Water Credits. To request a refund, Buyer must submit a written request to Firestone
confirming that the final subdivision plat application has either been denied or withdrawn. The
request must include reasonable documentation evidencing the denial or withdrawal. Upon
receipt of a complete request, Firestone shall process the refund and remit payment to Buyer
within thirty (30) days.
7. No Third Party Beneficiary Status. Nothing in this Agreement shall be construed as assigning
all or any portion of any agreement in which Firestone is a party nor any of the benefits derived
therefrom.
8. Entire Agreement. This Agreement represents the complete agreement between the Parties and
no oral modification shall be recognized. Any amendment or additions shall be made in writing
signed by both parties.
9. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable
for any reason, the remaining provisions shall continue to be valid and enforceable. If a court
finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such
provision it would become valid and enforceable, then such provision shall be deemed to be
written, construed, and enforced as so limited.
10. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties
hereto and their respective heirs, administrators, successors and assigns.
11. Jurisdiction and Venue. This Agreement shall be governed and its terms construed under the
laws of the State of Colorado, and venue shall be in the County of Weld.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year
first above written
TOWN OF FIRESTONE, acting
by and through its Water Activity
BUYER: Gateway North Holdings, LLC_
Larry S. Buckendorf
Exhibit I
LOT I
DEL CAMINO CENTRAL FILING NO.3