HomeMy WebLinkAbout26-30 Approving Vistosa Final Plat No.1 04-15-2026SOLUTIOl l \O. . -3d
A RESOLUTION OF THE I) RI) OF TRUSTEES OF 'III L TO \ OF
II SI (\IE, COLfl DO, APPRO M1 A FINAL SUBDIVISION PLAT
AND ACCEPT Cl HE PROPERTY IlN1TE STS DEDICATED BY THE
FINAL PLAT FOR VISTOS 4 FILING NO. I ACCEPTING A IPERM ENT
EASE SIT PEItTAtI'rill`~l( TC THE VIST(SA FIILIl N . I
SUBDIVISION; A 'I) AUTHORIZINGA SI. BI) SON DEVI LOP" ENT
AGREEMENT AND DONOR AGREE 1 T PERTAININGTO THE
VISTOSA FILING O. I SUBDIVISION
WHEREAS, Carlson Land Development I"Applicant" ), on behalf of Frontier Ventures, LLC'
and \i ii a'' resources, LLC" who are the current owners of,eLI I' seal pr pe located within ilic
Town oaf iresnn, Colorado (tile "Property"), has sub itted proposed find plat fc r t ze property,
entitled '`Vistosa Filing Nu. 1'(the "Final Plat' , attached hereto as Exhibit A,- to develop
approximately alley -loaded single family attached units, 40 front-ioaded single family attached
units, 184 alley -loaded single family detached units, and '7h 1 front -loaded single family detached units
for a total cif 1, ►41 units for a calculated density r f3. 111)1 ' ' ern the Property ('Troject"), anal
WHE -AS, Section 13.08.010 of the Firestone Municipal Code ;("Code) requires .1land
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 ri°rts" and/or
"shares" to the Town sufficient to meet the water demands generated by all of the proposed arses
associated with the developer's proposed development, and
'WHEREAS, Applicant has submitted, in connection \iI1 its i inal [Fiat application, a
preliminary determination of the domestic potable water demands for all residential units and
buildings to be developed within the Final flat, together with the itriation;demands for all outdoor
irrigation areas on all lots within the Final Plat and all other demands unposed can the Firestone water
utility system generated by the proposed Project pursuant to the Code ("v'ater Projection"); d
WHEREAS, Staff and Applicant have determined the' Vater Projection for the Final Plat to
be approximately 1ii acre-feet of water, and
\\ III .IIAS, accordin ly. Applicant roust dedicate, convey and deliver to the Towvn title, free
of liens and encumbrances, water rights (which can be in the form of Colorado -Big Thompson "C'-
BT'°} units, direct flow car storage water rights) in; the amount of approximately 430 acre-feet of raw
water for development ofthe Final Plat, to comply with the water dedication requirements ofthe Code
(` `vVater 1 edication Recluirernent"), which is based on the Water Projection; and
WHEREAS, Firestone and Applicant entered into that certain Native WaterDedication
Agreement dated March 3p, tl . , as amended (the '''\\\I)Ai"). pursuant to which native water in the
form of shares in the New Coal ridge Bitch Company (the "Native'v atecould be dedicated to
Firestone in satisfaction of the Water Dedication Requirement; and
I I IILS, the DA was assigned by Applicant tti Vidler Water Company, Inc.
(Vidler") pursuant to that certain Second Amendment to Native Water Dedication Agreement dated
December 14, 2022, and Vidler subsequently conveyed the Native Water'to the Town by Special
Warranty Deed dated January 17, 2023, recorded at Reception No, 4882673; and
WHEREAS, by satisfying its obligations under the NWDA, as amended, Vidler became
entitled to the Native Credit applicable to the Property and Project pursuant to Section 7 of the Second
Amendment for which Applicant presently has an option to purchase from Vidler; and
WHEREAS, after reviewing the Final. Plat at its regular meeting pursuant to Section
16.7. ,D of the Firestone Development Code, the Board of Trustees finds the proposed Final Plat
conforms to the approved preliminary plat of the Property, approved by the Board ofTrustees through
Resolution No. 2288 duly- adopted following a public hearing, and that the Final Plat substantially
complies with the technical subdivision and platting requirements of the Firestone Development
Code, and.
WHEREAS, the Board of Trustees of the Town of Firestone believes it is in the best
interest of the Town and its citizens to approve the Vistosa Filing No. t Subdivision Development
Agreement, attached hereto as Exhibit B, and to accept financial guarantees for improvements to
be constructed by the Applicant; and
WHEREAS, to accommodate traffic flows and safely convey floss generated from the
Project as well as stormwater runoff from areas adjacent to and upstream from the Property, itself,
without causing damage to downstream property or altering historic drainage paths within the
existing drainage basin, the Project's transportation network and stormwater drainage facility system
design will require the construction of Vinca Avenue and certain stormwater drainage and grading
improvements offsite of the Property ("Improvements"), and more specifically on approximately
0556 acres of real property located immediately to the north of the Property, which Applicant has
under binding contract; and
WHEREAS, to construct and maintain the Improvements as well as other utility
improvements, such as water and sewer lines and related appurtenances, until construction
acceptance, and for the continued ownership, operation, and maintenance of the Iinprovements by
the I own after construction acceptance, the Town will require and Applicant will cause to be granted
and conveyed a permanent easement over a portion of its property, pursuant to the terms and
conditions of a Utility and Transportation Easement and Agreement, attached as Exhibit C, to be
located on, over, under, and across the lands more particularly described and depicted in the
attachment to Exhibit C, which will correspond with the location of the Improvements as shown in
the Final Construction Documents for the Final Plat; and
WHEREAS, the board of Trustees desires to accept the Utility and Transportation
Easement grant from Applicant in accordance with the terms and conditions set forth in the Utility
and Transportation Easement and Agreement attached hereto as Exhibit +C; and
WHEREAS, the Board of Trustees of the Town of Firestone believes it is in the best
interest of the Town and its citizens to approve the Vistosa Filing No. 1 Donor Development
2
Agreement, attached hereto as Exhibit D.
NOW, THEREFORE, BE IT RESOLVED BY THE, BOARI 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 incorporatedinto this resolution.
Section 2. The Board of Trustees hereby approves the final plat for Vistosa Filing No.
1, attached hereto as Exhibit A. and incorporated herein by this reference, subject to and contingent
upon compliance with all the following conditions
(a) All minor, technical corrections to the Final Plat shall be made to the Town's
satisfaction prior to recordation.
(b) Final Construction Documents shall be approved by the Town Engineer prior to the
start of constction activities and shall be in accordance with the Town's Standards
and Specifications.
(c) Prior to Final Construction Document approval:
(i) a Phase Ill Drainage Report shall be approved by the Town Engineer.
(ii) a Final Traffic Impact Analysis shall be approved by the Town Engineer.
(iii) a Final Utility Study shall be approved by the Town Engineer.
(iv) a written instrument duly executed by Sinclair Transportation Company or
then -current easement -holder of record for that certain right-of-way
recorded at Reception No. 1410094, as amended on January 29, 2007,
recorded at Reception No. 3453698, in a form approved by the Town
Attorney, permitting the Town to filly use and enjoy the proposed
permanent easement area for its intended purposes as specified in this
Resolution, without being subject to any restrictions or limitations arising
from such entity's existing recorded easement interests, including without
limitation , the right to cross, construct, install, operate, own, and maintain
within the easement area any streets, public rights -of -way, and/or public
improvements as shown on the Final CDs. and which adequately addresses
potential impacts, damages or other disturbances to future Town -owned
improvements that may be caused by the easement holder's future activities
within the easement or in relation to its facilities within such easement.
(d) Applicant must satisfy the Water Dedication Requirement by any one of the
following means;
3
(i) providing the Town with proof of a written cancellation of the assignment
of the NWDA, duly executed by Vidler and Applicant; or
(ii) furnishing a Native Credit Transfer Form executed by Vidler and Applicant
and approved by the Town pursuant to Section 7 of the Second Amendment
to the N WDA; or
(iii) complying with the Code.
(c) Prior to the recordation of the Final Plat, Applicant shall provide to the Town:
{i) a written instrument indicating relinquishment of the proposed platted area
from the existing surface use agreement between Crestonc and Prominent
Partners I, LLC as well as the surface use agreement between Prominent
Partners I, LLC and Encana O&G Inc., at Reception No, 3189908;
(ii) sufficient proof of approval and acceptance by the Colorado Energy and
Carbon Management Commission, or other documentation acceptable to
the Town, indicating that all oil and gas pipelines or flow lines associated
with the plugged and abandoned wells (McCoy 1, McCoy 2-4-5, McCoy
14-5, and McCoy 24-5) have been removed and capped in accordance with
EC standards and rules; and
(f) Applicant shall pay applicable fees incurred as a result of the application approval,
including, but not limited to, utility, remapping, public land dedication, cash -in -lieu
fees, legal notice and legal review, and recording fees.
Section 3. The Vistosa Filing No. I 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, each with such revisions thereto as may be necessary for the Town's
protection, and as approved by the Town Attorney's Office and the Town Manager. The Mayor
is authorized to execute the Subdivision Development Agreement on behalf of the Town.
Section 4. The Vistosa Filing No. 1 Donor Agreement between the Town of Firestone
and Applicant is hereby approved in the form substantially similar to the form attached hereto as
Exhibit 1, with such revisions thereto as may be necessary for the Town's protection, and as
approved by the Town. Attorney's Office and the Town Manager. The Mayor is authorized to
execute the Donor Agreement on behalf of the Town
Section 5. The dedication of all easements and all other places designated for public
use as shown upon the final plat Vistosa Filing No. 1 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 allnecessary public
improvements has been satisfactorily completed by the land owner and accepted in writing by the
Town of Firestone.
4
Section 6, 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 i7. 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 8. The Board of Trustees of the Town of Firestone hereby accepts the grant of
a permanent, non-exclusive easement over and across that certain parcel of property, covering a total
of approximately 0556 acres, as more particularly described and depicted in Exhibit C, attached
hereto and made a part of this resolution, with the Mayor being authorized to execute and
acknowledge the grant of the easement on behalf of the Town.
Section 9. The Board of Trustees of the Town of Firestone hereby authorizes and
approves the Utility and Transportation Easement and Agreement between the Town and
Applicant, in substantially the same form as the copy attached hereto and made a part of this
resolution, and the Mayor is authorized to execute the agreement on behalf of the Town.
Section 10. Unless otherwise extended by resolution of the Board of Trustees, the approval
of the Vistosa Filing No. l 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 1ay of rt; O2t
Liaf
AT
77
r d os Luna, Cl IC Towel Clerk
APPROVED AS TO FORM:
arrsh Keith actin, To ttorney
5
EXHIBIT A
\ stosa Filing \. I
Final Plat
EXHIBIT B
Vistosa Filing No. I
Subdivision Development Agreement
7
EXHIBIT
Vistosa . Filing No, I
Off -Site Utility and Transportation Easement and Agreement
EXHIBIT D
Vistosa Filing N. ,l
Donor Agreement
9
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I \Job Folders\1061\1061-03\Survey\07 Daacuments\Offsite ROW\Offsite ROW Description WITH LETTERHEAD .docx
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CEN TER 114 CORNER OF SEC TION
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0.7' BELOW GRADE
PARCEL CONTAINS
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BOOK 1649 PAGE 6
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STAMPING ILLEGIBLE SCALE
LJA SURVEYING, INC.
0.7' BELOW GRADE 1 Inch = 200 ft,
30' UTILITY AND TRANSPORTATION EASEMENT
700` S. Syracuse Street
Suite 00
Located in 1/4 Sec. 8, T2N, R67W of the 6th P.M.,
Denver, CCU 80237
303390-8510
TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO
SURVEYING
u avv.lja:co
Prepared: CSC Ikorur. Scale. 1-150" Job No.: 1061-03
Sheet. 2 of 2
Annrovpd, CI[ Vert Scalp n/a Date_ 4/10/2026
I
FI\AL PLAT NAIVIE
SUBDI ISIO' A REEMENT
THIS SUBDIVISION AGREEMENT ("Agreearaen(") is made and entered into this
days of d _ , by and between the Tt3WN OF FIRESTONE, a Colorad+
municipal corporation, 9950 Part Avenue, Firestone, Colorado, (l 1, hereinafter referred to a
`Firestone" or Town," and O'WNER NAME , a hate orporation, {Address, City, State,
Zip Code, hereinafter referred to s `O vner;" and
WHEREAS, Jwner has submitted Final Plat for (Final plat 1" lame}("Development")
attached hereto as °"Exhibit A" and incorporated herein by reference. Said Final Flat has been
approved by Firestone, and
WHEREAS, The Town has reviewed
existing eater obligations and its present and
its Conservation Plan and its l lunicipal Code
its sole discretion, that it will e able to provi
water needs at fall build out pursuant to ectic
of providing said water, the Develo(er hereby
regarding water dedications and cash in lice o
WIi i RI S.
with Firestone relati\
'WHE AS, this stands
addition of certain special prvi,
agree as follows=
I. TIl
For: the put°pose
Manager or his
Cts Water Supply plan, which addresses the Town's
izture water supplies. The Town has also reviewed,
-egardin water dedications; and has determined, at
ie an adequate water: supply to serve the Properties
129-20-301 C.R.S. et serf. Asa term and condition
agrees to comply with the Town's Municipal Code
' water dedications;iid
,ns o 1 Firestone rerluire that the U\\ 'lL enter into n A reerraea t
Hems related to the development; and
l agreement has been ill odif ed bar the paa ties as indicated b the'
,arts, if any, in Section. I .
n consideration of the foregoing, the parties hereto promise,
TAE OFFICIL
it Towia Administrative Official" shall be defined as the Town
II. DEVELOPMENT I TI +T AND COORDINATION
Owner shall be responsible for performance of the covenants set forth herein. Unless slaecifcall
provided iLl 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 I )liicijl. who<stall Have general responsibility for coordinating development with
twner.
III. P1 13LI USE DEDICATION
COwter shall convey to Firestone certain lands as described. as opera space and parr in " exhibit A"
attached hereto and incorporated herein brefere�n.ce. Conveyance of these lands shall be by plat
2020 ti9- Town I) F T I
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) soconveyed,
subject to acceptance by the town of Firestone. 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, or others for the common facilities, and 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 fullconformity 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, street lights, signage,
water, waste water, 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 he resubmitted to and accepted by Firestone prior to
2020 09-23 Town DRAFT 2
construction. All acceptances required hereunder from Firestone shall be made by the
Town Administrative Official.
al.
D. Public Improvement Permits ("PIP")
Before the construction or installation of any improvements, Owner shall obtain a PIP from
Firestone as provided in the 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 all Contractors and subcontractors employed by the Owner shall.
be licensed by the Town before any work on the Improvements is commenced.
F. Testing and Inspection
Testing and inspection of the constructic
Firestone's current Standards and Specific
own expense, a licensed and registered testi
or construction that may be required by Fire
to the Town Administrative Official on a t
said cr
said ca
work shown on tl
ept Town of Fire
lay, from 8:00 a.ni
,doled a minimum
all
hours in advance in wr
the Town for all direct
the work shall not oroe
and materials shall be in accordance with
Dns. In addition, Owner shall employ, at its
company, to perform all testing of materials
one. Owner shall furnish copies of test results
ely basis for review and acceptance prior to
far phase of construction. At all times during
to inspect the materials andworkmanship of
not conforming to the accepted plans and
and replaced at Owner's expense so as to
accepted plans requires inspection by the Engineering Division,
me holidays, inspection services are provided Monday through
o 4:00 p.m. During the hours listed above, inspections shall be
X24 hours in advance with the Engineering Division. Requests for
and' the hours listed above shall be submitted a minimum of 48
ing to the Town Engineer for acceptance. Owner shall reimburse
asts of the after-hours inspection services. If the request is denied,
,d 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 the
Firestone's current Standards and Specifications or Development Code,
2020 0-23 Town DRAFT 3
G. Rights -of- vat , Easements and Permits
Prior to commencement of construction of Public Improvements that require additional
rights-offway 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, ri hts-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 AL TA 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:
1. All permits as required by the United States Corps off Engineers,
2. Colorado Department of Health and Environment ("CDPHE") "General
Permit for Stormwater Discharges Associated with Construction Activity",
required during coast
;Town of Firestone "
Standards and Specif
4. Air Quality Permit.
H. Street Improvements
Owner shall furnish and install, at its
orrnwater Quality Permit" per Firestone's current
itions.
the street improvements in conformance
red by Firestone and in accordance with
I. Sidewalk Improvements
Owner shall furnish and install, at its own expense, all sidewalk improements in
conformance with the drawings, plans and specifications accepted by Firestone.
J. Street Signs, Traffic Signs, and Striping
Owner will furnish and install at Owners 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.
Ka Street Lights
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 allrequired street lighting pursuant to
2020 09-2.3 Town DRAF1 4
United Power plans and specifications as submitted to and accepted in writing by the Town
Administrative Official. Said street lights shall be installed concurrently with, the streets
on which they are located. The type of street lights shall be accepted by Firestone. Street
lights shall be operational before the streets are open to the public. Owner shall be
responsible for payment of all utility billing for street lights prior to Final Acceptance.
L. Water Improvements
Owner shall furnish and install all water mainslines, 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. 'Frain Sanitation District.
. Drainage Improvements
I, 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, over lot 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 over lot 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 CDPUF "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 CDPIfE permits
issued to the Owner, applicable to the Development. The Owner further®
agrees that in the eent 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 .C herein, shall result in a
default of this Agreement.
5. Owner shall be responsible for obtaining a Town of Firestone "tonwater
Quality Permit" per Firestone's current Standards and Specifications.
6. All drainage improvements not located on Town owned property shall be
2020 0923 Town DRAFT
maintained by the Owner, {IIOA Name} C HOA"), {Metro District Name},
maintenance district, or final property owner (the "Obligated Entity").
Drainage improvements may include, but are not limited to: landscaping,
open areas, grass, shrubs, trees, retaining walls, sidewalks, ponds, pipes,
underdrains, swales, drain pans, and inlet and outlet structures.
7, 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, ay, 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 s 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, street lights, 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 aboveground appurtenances (meters, transformers, etc.) shall be
carefully located with maximum aesthetic considerations, and outside of any sight
triangles. Any aboveground 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 fawn 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.
2020 09-23 Town DRAFT 6
R. Maintenance Definition
Maintenance is the process of preserving capital improvvements, structures, development
or systems to meet its function or original intent of the facility. This is the preservation,
conservation, keeping in good c nditicns, operating safely, per tin efficiently, (-tin
inspection, servicing, repairing, grading, cIe1Iilfl.. picking up trash and debris, pest control;
painting, aaaowing, pruning, and prolonging of these facilities. Maintenance also includes
the provision of financial support to a raintain 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 st ctures,
Miiintenance may involve many different number and types of companies, services,;
individuals to look after the facility and the ability to coordinate these efforts. Maintenance
includes both routinely scheduled activities, as well as non -routine repairs that may be
required.
A maintenance plan should be prepared and submitted as pant of the development
'C\ l\\ process and be provided to theObligated Entity responsible for
maintenance activities.
V.
IMPROVEMENT CCEPTANCE
A. Initial Acceptance
1 o later than ten (1 ) days after Public Improvements and/or Common Facilities' are
substantially complete, Owner shall request cif the To wn a Administrative f fticial an
inspection by Firestone. If t wner does not request this inspection within ten (1 tl) days of"
completion of the Public Improvementsand/or Common Facilities, Firestone aurrtay conduct
the inspection without the;: approval of t wner. Owner shall provide Firestone with
complete "as -built" drawings in a fora as defined if Firestone' current Standards and
Specifications., If Owner has not complete appropriate PublicImprovements anal;/or
Common Facilities as provided fo in lii' Agreement, Firestone may exercise its right to
secure, performance as provided in Section X.( cif this Agreeiuent. If Public Improvements
and/or Common Facilities completed b wneir are satisfactory, the Town Administrative
Official shall grant `"Initial Acceptance, which shall Nc subject to "Final Acceptance" as
set forth herein. If Public Improvements and/or C'ommon'l^acilities are not satisfactory,
the 'town Administrative Official shall provide written notice to Owner of the repairs;
replacements, construction or other word required to receive Initial Acceptance. Owner
shall complete all needed repairs, replacements, construction or other work within thirty
(3t) days of said notice, weather pc xaitting, After Owner completes the repairs,
replaceme ts, construction or other work required, Owner shall request oh the Town
Administrative Official a re -inspection of such work to determine if Initial Acceptance can
be granted, and Firestone shall provide written notice toOwner of the acceptability or
unacceptability of such work prior to proceeding to complete any such 'work at Owner'
expense. If CTwner does not complete the repairs, replacements, or other work required
(id t1q-3 Town T) FT
within thirty (30) days of said notice, Firestone may exercise its rights to secure
performance as provided in Section XC. of this Agreement. Firestone reserves the right
to schedule re -inspections. No "C`ertifiicate of Occupancy" will be issued by Firestone prior
to Initial Acceptance without written approval from the Town Administrative Official.
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 ofI inal 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.
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 the Town's actual costs. The owner shall reimburse
the Town within sixty (60) days after receipt of written notification or repair
and supporting documentation from the Town Administrative Official. cial. o
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
Cff"icial. 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
2020 09-23 "Town DRAFT 8
receipt of said notice, weather permitting, Firestone may exercise its rights to secure
performance as is provided in Section XC of this Agreement. Ifany mechanics 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 found not to conform to this .Agreement, and
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.
ft 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
Guaiantee, 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 Osner fails to so 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
1TEl
A. Public Improvement i
Owner has submitted the certil
shown as "Exhibit
generally identifies
relative to the Devi
relieve Owner fri
Improvement.: 'The
i Facilities Schedule
iproveanent and Common Facilities Schedule
acorporated herein by reference. Said exhibit
ents to be furnished, installed or constructed
any improvement from "Exhibit B" does not
furnishing, installing or constructing such
all Common Facilities separately and subtotal
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 farm and substance.
1. Said Improvement Guarantee shall include, but not be limited to, street,
curb, gutter, sidewalks, landscaping, fencing, street lights, 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 I." The total minimum amounts are as follows:
2020 09-23 Town DRAFT
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°/o of the amount(s) shown on "Exhibit
B." The guarantees may be reduced on a phased basis as shown on
"Exhibit D.}
c) Upon Initial Acceptance of Common Facilities: 00 ;
d) After Final Acceptance of Public Improvements: 0%. The
guarantees may be released on a phased basis as shown on "Exhibit
a"
3. In addition to any
prior to Final Acct
Guarantee receive{
In the event that, a
at least sixty (60) d
of credit is set to
qualifying, or e) the
is at risk of being lost
shall be in default of
on the letter of credit
as identified `herein,
drawing on the letter
icr remedies it may have, Firestone may, at any time
ance, draw on any letter of credit or Improvement
s scant to this Agreement.
he Owner fails to extend or replace the letter of credit
s prior to expiration of such letter of credit, b) the letter
ire, c) Firestone receives notice that the letter of credit
d) the entity issuing the ` letter of credit becomes non
letter of credit, in the < sole determination of Firestone,
as a guarantee, then, in any of these events, the Owner
this Agreement and Firestone may immediately draw
for the full amount of the letter of credit. In such event
no notice or prior notice shall be required prior to
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 sonic or all of the Public Improvements and
Common Facilities. In any event, the Town shallhave 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 the cost of the Public Improvements and Common
2020 09-23 Town DRAFT 10
Facilities and construction is reasonably determined by Firestone 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 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.
H
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 Restrictioi
Owner agrees that the execut
construction plans, or the
construction of the Public Im
approval of building permit i
a)
greement, the Town's approval of
ance of any type of permit for
does not in any way, constitute an
building perrrrits.
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 petnuts, or otherwise restrict or condition the granting
of building permits for the Development based on current or future
resolutions or ordinances of the :Down. 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
2020 09-23 Town DRAFT 11
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
Improvement Guarantee in accordance with this
Agreement ent in lieu of the building permit restriction
required by this Subsection. The Owner will have fifteen
(15) days to provide the Town 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. Time 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 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 VLB, this building permit restriction shall be removed.
VII.
Firestone may require
property other than (
participate in the const
qualify for reimbursemi
ERSIZING AND REIMBURSEMENT
A. Reimb
to build utility lines and other infrastructure large enough to serve
(oversizing). Firestone may also require Owner to construct or
afcertain off -site Public Improvements. Certain such improvements
suant to the policies of Firestone.
ut due to Owner for Qualifying Public improvements
Owner is entitled to reimbursement for the oversize part of utilities and other infrastructure
and, /or a pro -rata portion of the cost of offsite 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
2020 09-23 Town DRAFT 12
long as Firestone has made a good faith effort to recover such costs.
D. 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
A. Trash, Debris, Mud
Owner agrees that during construction of the
herein, Owner will take appropriate steps nc(
water erosion in the Development. If Firestoi
or water erosion causes substantial damage of
to abate said nuisance in accordance with Tow
(24) hours after notification of said nuisance
Firestone may abate the nuisance and/or corr'•
Owner, at Owner's expense. Owner also a
necessary to prevent the transfer of mud or d
rights -of -way and to immediately remove sue
after notification by Firestone. If Owner does
determined by the Town, Firestone may abate
to the provisions of Section X.C of this
development activities by Firestone includii
building permits and certificates of occupancy
13
Development and improvements described
ussary to control trash, debris and wind or
determines that said trash, debris or wind
injury or creates a nuisance, Owner agrees
n Ordinances but no later than twenty-four
If Owner does not abate said nuisance,
or injury without notice to
s to take any and all reasonable steps
is from the construction site onto public
mud and debris fi'orn public rights -of -way
abate, or if an emergency exists as solely
owner's expense. Owner is further subject
,cement, as well as the suspension of
but not limited to, the withholding of
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:rn. The Town Administrative Official may alter the hours of operation for
good cause. All construction activities shall operate in accordance with all Too >n codes,
ordinances, and policies in regards to sound and noise. Failure to comply with this
provision may result in the Owner to subjected to the provisions of Section XC 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
(Describe major on/off site transportation improvements
B. Phasing Map ("Exhibit D")
2020 09-23 Town DRAH 13
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 Open Space
Owner shall pay a fee in lieu of open space land dedication for (i#) acres of open
space. Die fee in lieu payment is outlined in "Exhibit C."
D. Installation of Parks, Landscaping and Trails
Owner shall design and construct Park, Landscape, Trail Improvements on Tracts
{,_} as shown on the accepted construction plans. Owner shall purchase a water tap
and pay necessary raw water dedication fees for Tracts {_
E. Maintenance of Parks, Trails, Open Space and Landscaping
'Tracts { } shall be maintained by the Obligated Entity,
F. Maintenance of Vacant Lots
Owner shall he responsible for maintenance, including weed control, on all lots
until such time 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
{Describe major on/off site water improvements}
Disclosure Statements
1. The Metropolitan District Disclosure statement indicating the existence of
a Ti tle 3? Metropolitan District ("Exhibit F") shall be signed by the property
owner purchasing a new home from a homebuilder with execution of the
sales contract for the property.
The Oil and Gas Well Disclosure is evidenced by the recordation of the
existing Surface Use Agreements and various Letter Agreements with the
Oil and Gas companies. A statement indicating the existence of such
2020 09-23 Town DRAFT 14
documents ("Exhibit G") shall be signed by the property owner with the
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 coi
discretion, may declare Owner in default
of credit provided for in Section VI, ant
Firestone in law and equity. Firestone ma
certificates of occupancy, or provision
completion of the Public Improvements at
cured by Owner. Any costs incurred by Fi
administrative costs and reasonable atton
breach by Owner shall be paid by Owr.
Improvement Guarantee, Firestone shall
hereunder by an action for any equit
deemed exclusive but shall, where
law or in equity.
If
Owner in default ai
provided for in Sei
available to Firestc
itions of this Agreement, Firestone, in its sole
id may call the security and draw on the letter
nay further exercise all remedies available to
also, withhold any additional building permits,
new utilities fixtures or services until the
Common Facilities and/or the default has been
stone, including, but not limited to, reasonable
y's `fees, in pursuit of any remedies due to the
Firestone may deduct these costs from the
ve the right to enforce the Owner's obligations
e remedy, including injunction or specific
es. No remedy or election hereunder shall be
ible, be cumulative with all other remedies at
the terms and conditions of Section VI of this Agreement, or any
ty or surety default, Firestone, in its sole discretion, may declare
ay immediately call the security due and draw on the letter of credit
VI without notice to Owner, and may further exercise all remedies
i law and equity and as provided for herein.
Cw 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,
its officers, employees, agents, consultants, contractors, and subcontractors, and/or suit,
2020 0923 Town DRAFT 15
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 development of 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 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 Henning 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, have been received by Firestone and consent to such assignment by Firestone
as required by Paragraph XII has been granted. This Agreement shall be recorded with
the County Cleric &. 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
successor's written acceptance of such Improvement obligations. Notwithstanding the
forgoing, 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.
2020 0923Town DRAF F 16
El. 1" odifi tion 1DC `►4U\Ll
lrio modificationIii of the tcrrrrs of this greement shall be valid unless in writing and
executed with the same formality as this Areement and no waiver of the breach of Inc
provisions of W1\ sections of thisAgreement shall be construed waiver &I iI)y
subsequent breach of the same section or any other sectionswhich are contained herein.
1 Addresses for Notice
Ary notice or communication required or permitted thereunder shall be> given in writing
and shall be personally delivered, or sent by United States trail, postage, prepaid registered
or certified mail, return receipt requested, addressed a follows:
Firestone:. Owner.
Town of Firestone {Owner Name
down Manager tower's Contact darns V`Titles
Fox 1 it iOwner's Addressl
Firestone, O p l }wner's City, Mate Zip "ode}
William I. IHayashi
Williamson ii I�ayashi, L C
16 0 3 t" Street, Suite 103
Floulder, CO8 301
With a copy tea suchII'c: aIIr,s or tl
designated in writing y the applicable p
Owner's AttorneyName }
Mower's Attr rney's Fir-rrr}
iFirm's Address
{Firm's City, State Zip Code
Wntion of such other person{s) as hereafter
rr conformance with this procedure. i otices
wary in compliance with this paragraph;
Whenever wrier is required to complete construction, n aintenance, rrepair, or replacement
of improvements by atn agreed upon deadline. Firestone shall grant a reasonable extension
oftin e i the performance cannotas a practical matter, Ise completed in a timely mariner
due to Acts of oil or other circunrsta ces constituting force rrralcurc or beyond the
reasonable control of Owner.
K. Approvals
Whenever approval or acceptance fa matter is required or requested of Firestone pursuant
to any provisions of the greernent. Firestone shall act reasonably in responding to such
matter.
}. Previous Agreements
All previous written agreements between the parties, their successors, JIhI ssigns,,
including, but not limited to, any Annexation, pre -A rncxation Agreement or Development
Agreement shall remain in firll force and effect and shall control this I evelopment. If any
prior agreements conflict with this Agreement theta this Agreement controls.
2020 fl - 3 Town D AFT 17
M. Title and Authority
Owner warrants to 'irestone that it is the record owner for the property within the
Development. The undersigned further warrant having 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 par #t, section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that one or more parts, sections, subsections, sentence, clauses or
phrases be declared invalid.
O. Legal Fees; Venue
Inthe 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 he 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 Ii' G PAGE]
2020 09-23 Town DRAFT 18
IN WITNESS HEREOF the parties have executed this Agreement as of the date first set forth
above.
TOWN OF FIRESTONE, COLORADO
ATTEST:
By:
Mayor
Town Clerk
APPROVED AS TO FORM:
William P. Hayashi, Town Attorney
e
2020 0923 Town DRAFT 19
OWNER:
{lner Name}
By:
{Name}
Title; {Tit1}
ACKNOWLEDGMENT
STATE X7:1
s. UC1` T' C _
Tl e feg ing nstrumt w s acknowledged before :ie this day cif
202 , by {Nae}, as {Title} of {Owner a e}
Witness my ha ad andofficial sear
1y commissio expires:
(EL_
Notar Public
2020 t 4-2 Town DRAFT 2 i
EXHIBITS LIST
EXHIBIT A - }FINAL PLAT NAME} FINAL PLAT
EXHIBIT PUBLIC IMPRO EMENT SC -IEDULE
EXHIBIT C' - PUBLIC` IMP C EMENT REIMBURSEMENT SC HEI LE
EXHIBIT ) -- PHASIC FLAN
EXHIBIT I LANDSCAPE MAINTENANCE MAP
EXHIBIT IMETROPOLITAN DISTRICT'
EXHIBIT ( - OIL GAS I ISCLOSU -_
aURE
2 09-23 T Tn D FT I
EX III A
{}i a! Plat I am } Final Flat
2 ►20 -2 Town F FT 22
XITIIT
Public Improvement`Schedule
2020 09-23 Town n DRAFT 23
ubiie Improvement Reimbursement and Fee In Lieu Schedule
Reimbursements due Owner:
L
Reimbursements due F rest rne:
Reimbursements due ):lei:
l:
Fee n Lie r due Firestt rye:
I,
2020 09-2 To n I RAFT. 4
EXHIBIT
Phasing Plan
2 x20 9-2 To n D T 2
EXHIBIT
Landscape Maintenance Map
2020 09 23 Town DRAFT 26
EXHIBIT h
Z' letropolitan District Disclosure
The undersigned, being the purchasers identified in that certain
("Purchase ;.ontract") dated , 2t)_, between
a as seller, and the
undersigned, as purchaser, with respect to I lock , Lot (name of subdi ision
Town raft iresto e, County of Weld, State of Colorado (the Lot„ do hereby acknowledge and
agree as follows which acknowledgments and agreements ate given i consideration of and as a
condition to Seller's agreement to sell to the undersigned the Lot and the home to he constructed
thereon.:
Purchases acknowledges that the Lot being purchased is within the boundaries of the
Metropolitan District, a special taxing district (the
"District" . The District has issued or expects to issue general obligation bonds that are paid by
revenues produced from annual ad valorem property tax levies imposed on all of the taxable real
and personal property within the District. The Purchaser has been advised and hereby
acknowledges that it has been advised that financing plans of the District are available and detail
the proposed or existing ad valorem property tax mill levies of the District sei icing such
indebtedness, and the potential U iifor increase in such;will levies.
Purchaser acknowledges that the additional ad valorem Property taxi Dill levies imposed
by the District are in addition to other ad valorem taxes imposed b other taxing entities against
said Lot.
The following examples compare the tax impacts between a property within the boundaries
of a District levying an annual ad valorem property tax mill levy of d shills, and a property not
within the boundaries of a I istrict, This example is based on a single-family residence on a
property vt ith an Actual Value (as determined b the ounty:Assessor) of° 00,01 it .
PROPERTY \\ 111I DI TRI T
TAXING AUTHORITY MILL LEVY TAX AMOUNT
OU1 f 25 597.10
CHOOL DISTRICT 4 1146.24
TOWN 18 429.84
FIRE 12 286.56
LIBRARY 4 95.52
METROPOLITAN DISTRICT 50 1321.76
TOTAL 152 3876.92
009 Tow 7
PROPERTY WITHOUT DISTRICT
TAXING AUTHORITY MILL LEVY TAX AMOUNT
COUNTY
SCHOOL D15TRICT
TOWN
FIRE
LIBRARY
TOTAL
5 597.00
4 1146.24
12 286.56
4 95.52
.C7 2555.1.6
INfiN WITNESS Wh EREEOF the undersigned has/have executed this Metropolitan District
Disclosure this day of , 20_.
STATE OF COLORADO
ss.
COUNTY OF
The foregoing instrument was ackno
2d^, by
WITNESS my hand and official seal.
Purchaser
Purchaser
vtedged before me this day of
My commission expires:
Notary Public
STATE OF COLORADO )
} ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20, by
WITNESS my hand and official seal..
My commission expires:
Notary Public
2020 0923 Town DRAFT 28
EXHIBIT
OIL AND GAS DISCLOSURE
The undersigned, being the purchaser(s) identified in that certain
("Purchase Contract") dated , .Cl , between
a , as seller, and the undersigned, as purchaser, with respect to
Block , Lot , {Final Plat Narne}, Town ofFirestone, irestone 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 {Final Plat Name} subdivision plat(s) ("Plat"). The locations of the
current and possible future oil and gas wells and related well facilities are identified on the {Final
Plat Name)Final 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 he recorded in the real property
records, The oil and gas leases and other interests generally permit certain surface activity on the
premises which activity 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 {Final Plat Name) a There may be
ongoing oil and gas operation and production of oil and gas within {Final Plat Name}, including
in the vicinity of the Lots, as well as the existence of pipeline casements and access routes across
portions of {Final Plat Name{. Additional oil and gas wells may be drilled, and oil and: gas
operations and production will likely take place within {Final Plat Namc }, including in the vicinity
of the Lots, which oil and gas production will affect portions of the surface of the real property
comprising {Final Plat Nance}. Leavy drilling equipment will be used in connection with the
operation and drilling of oil and gas wells within {Final Plat Name} and 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 {Final Plat 1arffe}will 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 {Final Plat. Name} to object in any forum to the use by oil and gas companies of
a portion of the surface of the real property within {I; inal Plat Name}.
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,
2020 09-23 Town DRAFT 29
to the extent it owns or becomes the owner of real property in {Final Plat fame, assume 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 WITNESSIH RF OF, the undersigned has/have executed this Oil and Gas Well
disclosure the day of , 20
Purchaser
Purchaser
STATE OF COLORADO
ss.
COUNTY NTY OF j
The foregoing instrument was acknowledged before me this day of
.0,by
Witness my hand and official seal.
My Commission expires
Notary Public
STATE OF COLORADO
ss
COUNTY OF )
The foregoing instrr m
20, by
was acknowledged before me this day of
Witness my hand and official seal.
My Commission expires
Notary Public
2020 0923 Town DRAFT 30
GIFT AGREEMENT
THIS AGREEMENT is made on the date set forth preceding the signatures below by and
between the undersigned donor, (DONOR NAME} (the "Donor") and the Town of Firestone,
Colorado (the "Town"). The Donor and the Town are the "Parties" to this Agreement.
-Back ro n+
The Donor holds fee title to approximately U acres of certain real property located in
Firestone, Colorado, more particularly described on Exhibit A attached hereto ("Properly")
Donor intends to develop the Property for (residential/commercial) purposes in one or
more phases, comprising a total of (PROJECT DESCRIPTION) (the "Development")
[EDITOR'S NOTE: here, you can per i/i the details of each phase, 1/ you want. E.g., with one
phase consisting of /28 units on the southern part of the Proper/"Phase T'J, and so on and so
forth for; all applicable phases].
Donor intends, through a subdivision, to replat the Property known as (FINAL PLAT
NAME) ("Final Plat") ) into ) lots upon which the Development will be developed and to create
approximately {_} acres, more or less, of separate tracts, to be used for various purposes as
identified and described on the Final Plat.
It is the Donor's intention to gift one of those tracts of land, legally described as Tract Ill I
on the Final Plat ("Land"), to the Town for the use of the public.
The Town is a political subdivision or governmental unit for the purposes of Section
170(c)(l ) of the Internal Revenue Code of 1986, as amended (the "Code").
The Parties desire to enter into an agreement establishing certain responsibilities and rights
of each with respect to the Land. Accordingly, in consideration of these mutual promises, it is
hereby agreed by and between the Parties as follows,
A Donation
1 Rights to be donated. The Donor shall donate to the Town good, marketable, fee
title, which has infinite duration, is indefeasible, and is freely descendible, alienable
and devisable (the "Interest"), in and to the Land ("Land Donation"), subject to this
Agreement.
2. The Interest. The Interest includes all, of Donor's right, title, and interest in the
Land and all appurtenances, including improvements, fixtures, subsurface pore
space, strips and gores, and all water and water rights associated with or used in
connection with the Land.
3. Title Commitment. Donor shall provide, at its own expense and cost, to the Town
a Title Insurance Commitment (the "Title Gotnmitinent") from a title insurance
company of the Donor's choosing (the "Title Company"). The Title Commitment
will show title to the Land, subject only to those Exceptions set forth on Schedule
(i ft Agreement Acceptance aria Plat (Form 2O6)
B, Part TI to the Title Commitment. (the' Exce tion "). Any easements, liens, and
other title matters not shown by the public records of which Donor has no
knowledge may be addressed to the satisfaction of the Town, as directed by the
Title Company, or at the election of the Town, by affidavit, representations and/or
warranties form Donor, as provided for herein. The Town may request that Donor
update the Title Commitment up to and including the date of Closing, Donor is
responsible for the cost of the Title Commitment, any updates thereto, and for the
premiums for any Title Insurance policy purchased at Closing.
4, Conditions Precedent to Town Acceptance. The Town's obligation to accept the
Land Donation is contingent upon the Donor satisfying the following conditions
no later than thirty (30) days prior to Closing. Any one or more of these conditions
may be waived by the Town, but only through a written waiver:
a. Title. Title must be acceptable to the Town in its sole discretion, At Closing,
Donor shall convey title free and clear of liens and encumbrances, except
permitted exceptions and prorated taxes.
5. Condition of Title at Closing. From the Effective Date until Closing, neither party
shall take any action that would encumber title, Donor shall not sell, transfer, or
otherwise encumber the Land, if any title issue arises that adversely affects
marketability, the Town may terminate this Agreement.
6. Method of Acceptance Closing. The Town will accept the Land through
dedication on the Final Plat. Closing occurs upon approval of the Final Plat by the
Town Board and certification by the Mayor. At Closing:
a. Title Commitment Requirements. Donor shall comply with all
Requirements contained in Schedule I, Part I of the Title Commitment and
to enable the Town, at its election, to obtain title insurance to the Land from
the Title Company.
b:. Taxes. Taxes shall be prorated as of Closing,
C. Possession. Possession shall be delivered to the Town free of leases, which
Donor shall terminate prior to Closing.
7, After Closing, the Town is solely responsible for the Land, including
improvements, taxes, and any further work.
8. Donor Indemnification. Donor shall indemnify, defend, and hold harmless the
Town and its elected officials, officers, employees, agents, and representatives from
and against any and all claims, demands, damages, liabilities, losses, costs, and
expenses (including reasonable attorneys' fees) arising out of or related to: (i)
Donor's breach of this Agreement; (ii) any pre -Closing lease, tenancy, or
occupancy of the Land of which Donor has actual: knowledge and that arose or
existed during Donor's period of ownership of the Land; and (iii) any lien,
encumbrance, or other matter affecting title to the Land that arises by, through, or
2
under Donor and is not disclosed in the Title Commitment or otherwise approved
in writing by the Town. This obligation survives Closing and shall not be merged
into or extinguished by the conveyance of the Land.
B. Amendment, Binding, Attorneys' Fees.
I:, This Agreement may only be amended by an instrument in writing executed by the
Parties.
2. This Agreement shall be binding upon and inure to the benefit of the Parties hereto
and their respective successors, distrihutees, heirs, legal representatives and
assigns.
C Appraisal and IRS Requirements.
It is the Donor's responsibility to take the necessary action to qualify gifts to the Town for
a charitable deduction. For all real estate gifts for which a deduction of $5,000 or more is
claimed, the Town understands that the current Internal Revenue Service regulations
require the Donor to file an IRS Forrrn 8283, which must be submitted to the Town for its
signature prior to filing. It farther understands that completion of Form 8283 requires an
appraisal dated no earlier than 60 days prior to the gift, nor later than the due date, with
extensions, of the federal income tax return that reports this gift. The Donor acknowledges
that this tax information is provided for informational purposes only, and that the Donor
must obtain advice for her tax returns from a personal tax adviser. Because the appraisal
is required for the Donor's tax return, the Donor acknowledges that the appraisal will be
done at the Donor's expense by a qualified appraiser of the Donor's choosing.
D. Miscellaneous.
I: Nothing herein shall constitute a multiple year fiscal obligation pursuant to
Colorado Constitution Article X, Section 20, and the Town's obligations pursuant
to this Agreement are subject to the annual appropriation of funds by its governing
body.
2. This Agreement is governed by the laws of the State of Colorado
3. If any provision, term or condition of this Agreement shall be judicially determined
to be invalid, unenforceable, or illegal for any reason, including waiver of any
particular right, the other portions of this Agreement shall nevertheless continue in
full force and effect, including waiver of other rights, even though such waiver may
be contained in the same sentence. If such provision is declared invalid or
unenforceable due to its scope or breadth, such provision shall be deemed valid to
the extent of the scope or breadth permitted by law,
4. This Agreement contains the entire understanding between the parties pertaining to
the subject matter hereof. No representations, promises, warranties or covenants
3
of any kind, whether oral or otherwise, have been made by the parties except those
contained herein.
5. This Agreement, each of its provisions and all representations warranties covenants
and agreements in this Agreement will survive the transfer of title to the Premises
to the Town.
Thefollowing pae contains° date and signature . ° only.
El
Effective: , 2026
DONOR:(DONOR TAME
By:
Name:
Title:
STATE
ss.
COUNT
The foregoing instrument was acknowledged before me this day of
2026, by as of IIDONOR:
NAME}, as Donor.
Witness my hand and official seal.
My commission expires
(SEAL)
Notary Public
TOWN OF FIRESTONE:
By:
Title:
STATE OF COLORADO
ssa,
COUNTY E
The foregoing instrument was acknowledged before me this day of
2026, by as
Witness my hand and official seal.
My commission expires
5
(SEAL)
Notary Public
EXHIBIT A
Legal Description of the Premises
7