HomeMy WebLinkAbout21-201 Final Subdivision Plat Barefoot Lakes No. 4, 1st Replat Subdivision Development Agreement_2.8.2021RESOLUTION NO.21-201
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 CERTAIN REAL PROPERTY LOCATED WITHIN
BAREFOOT LAKES FILING NO. 45 1ST REPEAT; AUTHORIZING A
SUBDIVISION DEVELOPMENT AGREEMENT PERTAINING TO THE
BAREFOOT LADS FILING NO, 451ST REPEAT
WHEREAS, Barefoot, LLC ("Applicant"), as ovnner of certain real property described as
Tracts A and H, Barefoot Lakes Filing No. 4 (the "Property'), has submitted a proposed final plat for
the Property, entitled `Barefoot Lakes Filing No. 4, 1't Replat" (the "Final Plat"); and
WHEREAS, after reviewing the evidence and argtunent presented at the Board of Trustees,
the Board of Trustees finds the proposed Final Plat to be in substantial compliance with the technical
requirements of the Firestone Development Code.
WHEREAS, the Board of Tntstees of the Town of Firestone believes it is in the best interest
of the Town and its citizens to accept the Barefoot Lakes Filing No. 4, 1" Replat Subdivision
Agreement and to accept financial guarantees for improvements to be constricted by the
Applicant.
NO«T, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOtiVN OF FIRESTONE, COLORAM*
Section 1. The above Recitals and Findings of the Board of Trustees are hereby
incorporated into this resolution.
Section ?. The Board of Tntstees hereby approves the final plat for Barefoot Lakes Filing
No. 4, 1't Replat, attached hereto as Exhibit A and incoulnorated herein by this reference, subject to
and contingent upon compliance with the following conditions:.
(a) All minor, technical corrections to the Barefoot Lakes Filing No. 4, 1st
Replat final plat shall be made to the Town's satisfaction.
(b) Final Construction Documents shall be approved by the Town Engineer
prior to the start of construction activities.
(c) Barefoot, LLC shall provide an updated title commitment for the subject
property contained within the Final Plat when the mylars are provided for recording, dated
no later than thirty (30) days prior to submission of mylars.
(d) Barefoot, LLC shall pay applicable fees incurred as a result of the
application approval, including, but not liliuted to, utility, retnapping, public land
dedication, cash4n-lieu fees, legal notice and legal review, and recording fees.
Section 3. The Barefoot Lakes No. 4, 1't Replat Subdivision Development Agreement
between the Town of Firestone and Barefoot, LLC is hereby approved in the form substantially
similar to the form attached hereto as Exhibit B. The Mayor is authorized to execute the
Subdivision Development Agreement on behalf of the Town.
Section 4. Tlne dedication of all easements and all other places designated for public
use as shown upon the plat Barefoot Lakes Filuig No. 4, Pt Replat is hereby accepted by the Tolvn
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 S, 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 6. Unless othertivise extended by resolution of the Board of Trlrstees, the approval
Athe Barefoot Lakes Filing No. 4, 1't Replat final plat shall be null and void if the conditions set
forth in Section 2 are not complied with within one hundred and twenty (120) days of the date of
this Resolution.
PASSED AND ADOPTED this nth day of Decembe! fo* Ir, 0 1 rr,,RR
d•
Bobbi Smdelar, Mayor
ATTEST.
-�,--..•: -- Tr,. �__�" Town Clerk
mfCApfy
APPROVEDAA,S TO FO
William P.
T
COUO
EYHIBII A
Barefoot Lakes Filing No. 4, 1st Replat
Final Plat
3
EZHIBII B
Barefoot Lakes Filing No. 49 1st Replat
Subdivision Development Agreement
4807008 03/02/2022 02.02 PM
Total Pages: 2 Rec Fee: $23.00
Carly Koppes - Clerk and Recorder, Weld County, CO
FINAL PLAT
BAREFOOT LADES FILING NO,. 49 1ST REPEAT
A REPEAT OF TRACTS A & H, BAREFOOT LAKES FILING N0. 4, LOCATED WITHIN THE NORTHEAST QUARTER OF SECTION 35 AND THE NORTHWEST QUARTER OF
SECTION 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO
12.402 ACRES - 28 LOTS - 1 TRACT - FP-21-004
SHEET 1 OF 2
CERTIFICATION OF OWNERSHIP AND DEDICATION
KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED BAREFOOT LLC, A COLORADO LIMITED LIABILITY COMPANY, BEING
THE SOLE OWNER OF THE LAND SHOWN IN THIS FINAL PLAT AND DESCRIBED AS FOLLOWS:
TRACTS A AND H, BAREFOOT LAKES FILING NO. 4 AS RECORDED ON 11/25/2019 UNDER RECEPTION NO. 4544503, IN THE
RECORDS OF THE WELD COUNTY, COLORADO CLERK AND RECORDER'S OFFICE LOCATED WITHIN THE NORTHEAST QUARTER OF
SECTION 35 AND THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO.
CONTAINING AN AREA OF 12.402 ACRES, (540,240 SQUARE FEET), MORE OR LESS.
HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF
BAREFOOT LAKES FILING NO. 4, 1ST REPLAT, A SUBDIVISION OF A PART OF THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF
COLORADO, AND BY THESE PRESENTS DO HEREBY DEDICATE TO THE TOWN OF FIRESTONE THE STREETS, AVENUES, AND OTHER
PUBLIC PLACES, AS SHOWN ON THE ACCOMPANYING PLAT FOR THE PUBLIC USE THEREOF FOREVER AND DOES FURTHER DEDICATE
TO THE USE OF THE TOWN OF FIRESTONE THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE SO DESIGNATED AS EASEMENTS
AS SHOWN.
IT IS EXPRESSLY UNDERSTOOD AND AGREED BY THE UNDERSIGNED THAT ALL EXPENSES AND COSTS INVOLVED IN CONSTRUCTING
AND INSTALLING SANITARY SEWER SYSTEM WORKS AND LINES, WATER SYSTEM WORKS AND LINES, GAS SERVICE LINES, ELECTRICAL
SERVICE WORKS AND LINES, LANDSCAPING, CURBS, GUTTERS, STREET PAVEMENT, SIDEWALKS, AND OTHER SUCH UTILITIES AND
SERVICES SHALL BE GUARANTEED AND PAID FOR BY THE SUBDIVIDER OR ARRANGEMENTS MADE BY THE SUBDIVIDER THEREOF
WHICH ARE APPROVED BY THE TOWN OF FIRESTONE, COLORADO, AND SUCH SUMS SHALL NOT BE PAID BY THE TOWN OF
FIRESTONE, AND THAT ANY ITEM SO CONSTRUCTED OR INSTALLED WHEN ACCEPTED BY THE TOWN OF FIRESTONE SHALL BECOME
THE SOLE PROPERTY OF SAID TOWN OF FIRESTONE, COLORADO, EXCEPT PRIVATE ROADWAY CURBS, GUTTER AND PAVEMENT AND
ITEMS OWNED BY MUNICIPALITY FRANCHISED UTILITIES, OTHER SERVING PUBLIC ENTITIES AND/OR COMCAST, WHICH WHEN
CONSTRUCTED OR INSTALLED SHALL REMAIN AND/OR BECOME THE PROPERTY OF SUCH MUNICIPALITY FRANCHISED UTILITIES, OTHER
SERVING PUBLIC ENTITIES, AND/OR COMCAST AND SHALL NOT BECOME THE PROPERTY OF THE TOWN OF FIRESTONE, COLORADO.
GENERAL NOTES:
1. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND BOUNDARY MONUMENT OR
ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE 18-4-508, COLORADO REVISED STATUTE.
2. DISTANCES ON THIS PLAT ARE GROUND DISTANCES EXPRESSED IN U.S. SURVEY FEET AND DECIMALS THEREOF. A U.S. SURVEY FOOT IS
DEFINED AS EXACTLY 1200/3937 METERS.
3. BASIS OF BEARINGS:_ BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 3 NORTH,
RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ASSUMED TO BEAR SOUTH 89'16'34" WEST, 2655.85 FEET AND MONUMENTED AS
SHOWN HEREON.
4. LAND TITLE GUARANTEE COMPANY ORDER NUMBER ABC25173859, DATED FEBRUARY 04, 2022 AT 5:00 P.M. WAS RELIED UPON FOR
RECORD INFORMATION REGARDING RIGHTS -OF -WAY, EASEMENTS AND ENCUMBRANCES. THIS SURVEY DOES NOT REPRESENT A TITLE
SEARCH BY AZTEC CONSULTANTS INC. TO DETERMINE OWNERSHIP, RIGHTS -OF -WAY, EASEMENTS OR OTHER MATTERS OF PUBLIC RECORD.
5. FLOODPLAIN:_ BASED ON A GRAPHICAL REPRESENTATION THE SUBJECT PROPERTY SHOWN HEREON LIES IN FLOOD ZONE X, AREAS
DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN, ACCORDING TO FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD
INSURANCE RATE MAP NUMBER 08123C1890E, PANEL 1890 OF 2250, WITH A REVISED DATE OF JANUARY 20, 2016.
6. THE UTILITY AND DRAINAGE EASEMENTS AS SHOWN HEREON ARE DEDICATED TO THE TOWN OF FIRESTONE FOR INSTALLATION AND
MAINTENANCE OF UTILITIES AND STORM DRAINAGE FACILITIES.
7. A BLANKET PEDESTRIAN ACCESS EASEMENT OVER AND ACROSS TRACT A IS FOR THE INSTALLATION, MAINTENANCE, AND USE OF WALKS
AND TRAILS.
8. ALLOWED USES IN UTILITY EASEMENTS INCLUDE FOR INSTALLATION AND MAINTENANCE OF ELECTRICAL, PHONE, FIBER OPTIC, CABLE TV,
WATER, SEWER, GAS, POSTAL FACILITIES, DRAINAGE AND STORM DRAINS. SERVICE PROVIDERS FOR THE FACILITIES WITHIN THESE
EASEMENTS WILL INCLUDE, BUT NOT BE LIMITED TO: CENTURY LINK FOR CABLE AND TELEPHONE, UNITED POWER FOR ELECTRICAL AND
SOURCE BLACK HILLS ENERGY FOR GAS.
9. A TWO FOOT (2-FT) WIDE DRAINAGE EASEMENT CENTERED ALONG THE SIDE OF EACH LOT, UNLESS AS OTHERWISE SHOWN HEREIN, ARE
FOR THE INSTALLATION, MAINTENANCE AND CONVEYANCE OF STORM DRAINAGE. (SEE TYPICAL LOT DETAIL SHEET 2)
LAND SUMMARY CHART
TOTALS
TOTAL %
GROSS
AREA
12.402
ACRES
100%
GROSS
DENSITY (RESIDENTIAL LOTS PER ACRE)
2.3 LOTS / ACRE
AREA
OF TRACTS
5.117
ACRES
41.3%
AREA
OF SINGLE
FAMILY DETACHED RESIDENTIAL LOTS
5.150
ACRES
41.5%
AREA
OF PUBLIC
RIGHT—OF—WAY
2.135
ACRES
17.2%
TOTAL
AREA
12.402
ACRES
100%
TRACT SUMMARY CHART
TRACT AREA (S.F. f) AREA (A.C. f) USE OWNER MAINTAINED BY
A 222,895 5.117 PA, DRAINAGE SVLMD SVLMD
TOTAL 222,895 5.117 SVLMD = ST. VRAIN LAKES METROPOLITAN DISTRICT NO. 1
PA = PEDESTRIAN ACCESS
TOWN OF TOWN OF
25 MEAD 0 IL, —FIRESTONE
m LI M ITS
(RONALD REAGAN BLVD.) WCR 28
- -- - _ ---- --- - :SITE
H �
O
TOWN OF Q
MEAD o �
SECTION 35
—s .
SECTION 36
amr
S
_ —
- -
OO ARK
REG
LNG
NORTH
N
R N�
T3N .' ,� — CR 11-1 /4
T2N
w - d
EL
U) Ln '=` SECTION 2 CR 24-3/4 SECTION 1
zap
0 of
VICINITY MAP
SCALE: 1" = 1000'
OWNER:
BAREFOOT LLC, A COLORADO LIMITED LIABILITY COMPANY
6465 S. GREENWOOD PLAZA BLVD., STE. 700
CENTENNIAL, CO. 80111
BY:
NAME: I AA.
TITLE:
EXECUTED THIS l o DAY OF •LAB A.D., 2022.
OWNER:
BAREFOOT, LLC
6465 S. GREENWOOD PLAZA BLVD.,
SUITE 700
CENTENNIAL, COLORADO 80111
303-393-5899
CONTACT: CHRIS BREMNER
CHRIS.BREMNER@BROOKFIELDRP.COM
SURVEYOR:
AZTEC CONSULTANTS, INC.
STATE OF COLORADO ) 300 EAST MINERAL AVE., SUITE 1
SS.
LITTLETON, COLORADO 80122
COUNTY OF_ 303-327-7483
CONTACT: TONY PEALL, PLS
THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME TPEALL@AZTECCONSULTANTS.COM
THIS _DAY OF- 2022,,
ENGINEER:
BY _ AS REDLAND
OF BAREFOOT LLC, A COLORADO LIMITED LIABILITY COMPANY 1500 WEST CANAL COURT
MY COMMISSION EXPIRES �_. ��� _ LITTLETON, COLORADO 80120
720-283-6783
WITNESS MY H ND AND SEAL. - CONTACT: FRED TAFOYA, P.E.
NOTARY PUBLIC FTAFOYA@REDLAND.COM
BY:
NAME: -
DEVELOPER:
� � r- : �-�
VPUri11 /,'?, .:i ��� � ,1„is., �� BAREFOOT, LLC
TITLE: 6465 S. GREENWOOD PLAZA BLVD.,
EXECUTED THIS DAY OF __�A.D., 2022. SUITE 700
CENTENNIAL, COLORADO 80111
.I..IAIlls _ 303-393-5899
STATE OF COLORADO )Y+,l CONTACT: CHRIS BREMNER
STATE OF:ri`-ORA-W CHRIS.BREMNER@BROOKFIELDRP.COM
SS. lg I
COUNTY OF )tY I3t�Ia-EVIWES � 1
THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME
THIS -_DAY OF_ 2022.,
BY 181MN AS VP
OF BAREFOOT LLC, A COLORADO LIMITED LIABILITY COMPANY, fl
G 4tC
MY COMMISSION EXPIRES ``'`� '`' ` a _
y s A r�•. � � : u r � WMARYPUSIAC
STATE OF COLOR3
WITNESS MY HAND AND SEAL.. {,�, „sly,€�If �< 1 wOY YIDI 12
OTARY PUBLIC r. N r _.... , _ MYCrMSSSIONIEVIRE-SBMW23
SHEET INDEX
SHEET 1 — DEDICATION, APPROVALS, VICINITY MAP, LEGAL DESCRIPTION, GENERAL NOTES AND SUBDIVISION DATA
SHEET 2 — OVERALL BOUNDARY, TRACTS, LOTS, BLOCKS, AND RIGHTS -OF -WAY GRAPHICS AND DIMENSIONS
ST. VRAIN LAKES METROPOLITAN DISTRICT NO. 1 ACCEPTANCE CERTIFICATE
THE DEDICATION OF TRACT A AS SHOWN HEREON IS HEREBY ACCEPTED FOR OWNERSHIP AND MAINTENANCE BY THE
ST. VRAIN LAKES METROPOLITAN DISTRICT NO. 1
B Y:
PRESIDENT
STATE OF COLORADO )
SS
COUNTY OF
ACKNOWLEDGED BEFORE ME THIS DAY OF 2022
BY AS ` OF ST. VRAIN LAKES METROPOLITAN DISTRICT NO. 1
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES: NOTARYY}'UBLIC
t , �, Jt� ARY ID M40=2
6R�ti�lBCYE 1
NOTARY PUBLIC
SURVEYING CERTIFICATE:
I, ANTHONY K. PEALL, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE
SURVEY REPRESENTED BY THIS PLAT WAS MADE UNDER MY PERSONAL SUPERVISION AND CHECKING. I FURTHER CERTIFY THAT THE
SURVEY AND THIS PLAT COMPLY WITH ALL APPLICABLE RULES, REGULATIONS AND LAWS OF THE STATE OF COLORADO, STATE BOARD
OF REGISTRATION FOR PROFESSIONAL ENGINEERS, PROFESSIONAL ARCHITECTS AND PROFESSIONAL LAND SURVEYORS, AND THE TOWN
OF FIRESTONE.
.Q 38 . o
:, r•• Coo ENO yJ�\
BY: ANTHONY K. PEALL, P.L.S. NO. 38636 ""�����nnnunuA+++�"`���
FOR AND ON BEHALF OF AZTEC CONSULTANTS, INC. _.
NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY
WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS
SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
NOTICE: PER THE STATE OF COLORADO BOARD OF LICENSURE FOR ARCHITECTS, PROFESSIONAL ENGINEERS, AND PROFESSIONAL
LAND SURVEYORS RULE 1.6.13.2 THE WORD "CERTIFY" AS USED HEREON MEANS AN EXPRESSION OF PROFESSIONAL OPINION AND DOES
NOT CONSTITUTE A WARRANTY OR GUARANTEE, EXPRESSED OR IMPLIED. THE SURVEY REPRESENTED HEREON HAS BEEN PERFORMED BY
ME OR UNDER MY DIRECT SUPERVISION IN ACCORDANCE WITH APPLICABLE STANDARDS OF PRACTICE AND IS BASED UPON MY
KNOWLEDGE, INFORMATION AND BELIEF.
TOWN APPROVAL �'0��
THIS IS TO CERTIFY THAT THE PLAT OF BAREFOOT LAKES FILING NO. 4, 1ST REPLAT WAS AP`hIROVED ON THIS `" DF
Q 611& . 202g, BY RESOLUTION NO. 2-1 - ZO I AND THAT THE MAYOR OF THE TMVN OF
FIRESTONE ON BEHALF OF THE TOWN OF FIRESTONE, HEREBY ACKNOWLEDGES SAID PLAT UPON WHICH THIS CERTIFICATE IS
ENDORSED FOR ALL PURPOSES INDICATED THEREON.
MAYOR
\C? ArIFCST- TOWN
300 East Mineral Ave., Suite 1
Alk Littleton, Colorado 80122
AzTEC Phone: (3U3)713-1898
897
CONSULTANTS, INC. <ax:(izte cons lta
www.aztccconsultants.coni
AzTec Prof. No: 54821-05
Drawn By: RBA
FIRESTONE INFORMATION BLOCK
Name of Application
BAREFOOT LAKES
Type of Submittal
FINAL PLAT
Filing Number
FLG NO. 4 1 ST REPLAT
Phase Number
N/A
Preparation Date
2021 /02/12
Revision Date
2021 /10/14
Revision Date
2021 /12/01
Revision Date
2022/02/16
COVER PAGE - SHEET 1 of-2
DATE OF 2021/02/12
D E V E L O P E R PREPARATION:
BROOKFIELD RESIDENTIAL -
SCALE: N/A
6465 S. GREENWOOD PLAZA BLVD., SUITE 700
CENTENNIAL, COLORADO 80111 S H E E T 1 O F 2
'( `f03)) 7/10 -9451
4807008 03/02/2022 02.02 PM
Page 2 of 2
NORTH 114 CORNER S£CIION 35, T3N, R68K,' 6TH
P.M., FOUND NO.. 6 REBAR NTH 2-112" ALUMINUM
CAP STAMPED PLS 3607J" IN A RANOE BOX
FINAL PLAT
BAREFOOT LADES FILING NO,, 49 1ST REPEAT
A REPEAT OF TRACTS A & H, BAREFOOT LAKES FILING N0. 4, LOCATED WITHIN THE NORTHEAST QUARTER OF SECTION 35 AND THE NORTHWEST QUARTER OF
SECTION 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADOi
12.402 ACRES - 28 LOTS - 1 TRACT - FP-21-004
NORTH QUARTER CORNER OF SECTION 36, T3N,
R68W, 611 P.M., FOUND NO. 6 REBAR 911N
2-1/2" ALUMINUM CAP STAMPING ILLEGIBLE
^ Y } BASIS OF BEARINGS) SHEET 2 OF 2
30' PRESCRIPTIVE ROW ( _ -
S89 °> 634 "W 2655.85' N88 58'33 "E 2643.03'
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - - EST
_ _ _ _ NORTH LINE OF THE NORTHW
- - - - - - - - - NORTH LINE OF THE NORTHEAST QUARTER SECTION 35
- - - - - - ` - - - NORTHER T S00'1520"E QUARTER SECTION 36
55' RECEPTION NO, 34671JI 45' EMERGENCY
10' UTILITY EASEMENT
REC NO. 4544503
[ 232,41'
- - - -
-
104.00' - - {-
® "
'-.`_ N 0 43 40 W
I
I
,
51.90
1
TRACT A
1I
222,895 SF
N
104' DRAINAGE _I
1
5.117 AC
�I
EASEMENT
W'4ENT
7Nal•3
5•49'23
REC. N0. 41848,11
z
I
1j491
N
0' 25' 50 100'
SCALE: 1" - 5U
LEGEND
0 SET 18" NO. 5 REBAR WITH 1-1/4" PINK PLASTIC CAP
STAMPED "AZTEC PLS 38636"
1 RECOVERED NO. 5 REBAR WITH 1-1/4" ORANGE
® PLASTIC CAP STAMPED "AZTEC PLS 38064"
2 RECOVERED NO. 5 REBAR WITH 1-1/4" PINK PLASTIC
® CAP STAMPED "AZTEC PLS 38636"
U.E. = UTILITY EASEMENT
D.E. = DRAINAGE EASEMENT
D.U.E. = DRAINAGE 8c UTILITY EASEMENT
ROW = RIGHT-OF-WAY
SECTION CORNER AS SHOWN HEREON
- 8' U. E.
S CORNER OF SECTION 35, T.3N, R68LY, 55.00' (TlE)
67H P.M., FOUND NO.. 6 RE80 911H 3--114"
ALUMINUM CAP STAMPED "PLS 18482' N88.58'33"E
/r 30.00'
2
239.08' S00'16'19"E .'- 45.00' ---379.51' . - - -- - - � -�- J � - .� - 1-- �_ - -
21.55' - N00'16'19'W - 8k16 U71117Y
- L J 26' DRAINAGE - r- ~
-L=46,52" 27.g2' _ _ S76°52 54 E --ter EASEMENT I M
- N 89 °16' 34" E 138.16' \,�o� ° � 55.22' 33.14' REC NO. 4656756 REC NO. 454450J I O TRACT B
S43°23'05"E 'p \ 6' U. E. 2 .03, 8' D.U.E. r- 1
O / rn N 89'16 3 4 E 174. 77 TO' PIPELINE EASEMENT \
13.51' cl, o'er _� �6p 00, NE 1/4, NE 1/4 \ r \
1 ``' '� a' U. E. o s> SEC. 35 TRACT A �-- ItO
REC. N0. 4184831
�6 30 T.3N., R.68W., 222,895 SF I r \ 1 8,487 SF Q S8, r�
0.195 AC !� 0 1 „ o ° 00' E 353 SIXTH P.M. 5.117 AC + o ( 00 I 0 \ 25
N / 6,844 SF o '� >p' o '�� Sri ��s9 �s-
s1s'o1'3o,.W 0.157 AC p 2 �' 60.00' �rO,�.�°�' 1O 11 \ 180mWr
\ �F��`�
" 122.74' 31.00' 0) "> 6,900 SF o �. , 11,153 SF ( 584°45 02W r0 0.158 AC j,4J 3 6Q 8 o.(rF 12,071 SF `�0.256 AC"'C1 0 >1 J 0) o Opp 0 0.277 AC � � 6,900 SF o AN,,,6p o 0.158 AC ,cu 4 \ SN 8' U.E. -� z S30°0056"W
2 °0°',�6 900 SF -0 86.6>, o ��� o ��4 59.52 10,615 SF ��+',Z "r ',,c�h+0.244 AC p �2(60, �E�V i6p 0 0 0.158 AC 5 cry' F 6 U.E. ,�hCORNER
ACCESS AND
UTILITY EASEMENT N89.16'34"E 1426.22'
RONALD REAGAN BLVD.
(WELD COUNTY ROAD 28)
(85' WIDE RIGHT -OF -WA Y) >0' UN NO.TY 4 EMENT
2 REC NO. 4544503
" 426 23'
h0 99' WIpE'\ p 0 s E °' +Mo 6,900 SF ,moo '� 9 77�. �� ,��� I IS ON THE sEcnoN LINE
N L= 29.22' -'�6p 00, pUDC/\ "�C�' �Sp 0 0.158 AC �� T
�`ti' S 6, 900 SF 00' ��0 2� �502�, C' 24
8' D.u.E. \ ,��� , ,> o ROW���\\S 0°� °� ,^� 6 ell o/ �9�3 0.158 AC �`yp8° 26'19t'NTv
SQ q� N 59 °52 16 W �n �0, 0 �0'se 30„ �6 = 0 8,312 SF O p �'S S), 8 E. EASEMENT
56.78' o ° E �3� ° 00' rn 0.191 AC 7�` s I REC N0. 4544503
o is �,h 8' D.U.E. 7 O ��9 2 �JJ \ O
p •92r ,�13 o ���\` °0 17.70 S 6,900 SF
1yt� 2?8 SF o �f w o �9• 0.158 AC 23
w 6 qC 8 gO p o 5 ,`� -60, 00, s' o 30' `�p� o M
S. \ Z 0,158 SF M 6,900 SF oo \\AGO, 38)8 c�S��, 6' U.E. GJ G� o I W O
8y S> p0� i qC o0 0.158 AC o 6 p 00, A L=15.29' �775 Oo �11 � J11 ( W
.1' M 6,900 SF o 30' '21� , � o O' e '� s\
41212' ' 6 0 \ `o0 0.158 AC o io \ R.20 s�9„ j 7, 450 SF O' 1�' �, ��;� r�
° 00,
% 6,9 0 SF o �/03,g \a, 000' \ 0.171 AC GJ� ��O o0 6 U. E. ��0 /
i 0 0.158 AC ,� o / 8 �` ��' oo `��� O
6p 00,E O) o S �' GS O �� ^ \ 0 22
S> ^� 6,900 SF % �6 o g -56.59 8' U.E. ,N
0 s8'30„ 60 z 0 0.158 AC �� / / �63 R=9, O. 46/,�
00 L3 ' °� �"'o TRACT A 6.18' S8' 30 ��°�' op W BAREFOOT LAKES
F 0
S> °ol 6p 1 0 222 895 SF �' \ 12 r' \ I z Z FILING NO. 4
00, rn j �6 ma's C2 30' 10,587 SF REC. NO. 4544503
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FOR AND ON BEHALF OF
AZTEC CONSUL TAN IS, INC
4807009 03/02/2022 02:02 PM
Total Pages: 27 Rec Fee: $143.00
Carly Koppes - Clerk and Recorder, Weld County, CO
SUBDIVISION AGREEMENT
[Barefoot Lakes Filing No. 4, V Replat]
THIS AGREEMENT is made and entered into this �TT day of 'D r ,
20Zt_, by and between the TOWN OF FIRESTONE, a Colorado municipal corporation, whose
address is 151 Grant Avenue, Firestone, CO 80520 ("Town"), and BAREFOOT, LLC, whose
address is 6465 S. Greenwood Plaza Boulevard, Suite 700, Centennial, CO 80111 ("Subdivider").
WHEREAS, Subdivider has submitted a final subdivision plat for the Barefoot Lakes Filing
No. 4, 1" Replat subdivision ("Subdivision" or "Plat"), including utility plans for the Subdivision, a
copy of which Plat is attached hereto as Exhibit A and incorporated herein by reference, and which
Plat has been reviewed and approved by the Planning Commission and Town Board of Trustees; and
WHEREAS, the Town and Subdivider have entered into a Development and Vested Rights
Agreement for the Barefoot Lakes Annexation dated May 27, 2015 (the "DVR Agreement"), which
agreement was recorded with the Weld County Clerk and Recorder on October 12, 2015 at Reception
No. 4149333; and
WHEREAS, the Subdivision is to be developed as a planned unit development and a large
scale development within the Town, pursuant to applicable provisions of the Firestone Municipal
Code and Development Regulations; and
WHEREAS, additional filings are anticipated, and this Agreement applies only to Barefoot
Lakes Filing No. 4, 1` Replat;
WHEREAS, the subdivision regulations of the Town require that the Subdivider enter into a
Subdivision Agreement ("Agreement") with the Town relative to improvements related to the
Subdivision;
NOW, THEREFORE, in consideration of the foregoing, the parties hereto promise, covenant
and agree as follows:
1.0 GENERAL CONDITIONS
1.1 Subdivision Obli action. Subdivider shall be responsible for performance of the covenants
set forth in this Agreement.
1.2 Engineering Services. Subdivider agrees to furnish, at its expense, all necessary
engineering services relating to the design and construction of the Subdivision and the Schedule of
Improvements described in Exhibit B, attached hereto and incorporated herein by this reference. Said
engineering services shall be performed by or under the supervision of a Registered Professional
Engineer or Registered Land Surveyor, or other professionals as appropriate, licensed by the State of
Colorado, and in accordance with applicable Colorado law; and, except as otherwise provided in this
Agreement, shall conform to the standards and criteria for public improvements as established and
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Page 2 of 27
approved by the Town as of the date of submittal to the Town.
1.3 Construction Standards and Deadline. (a) Subdivider shall construct, or shall cause a
metropolitan district or special district with jurisdiction to construct, all improvements required by
this Agreement, including but not limited to all water lines, sanitary sewer collection lines, storm
sewer lines, streets, curbs, gutter, sidewalks, landscaping, bikepaths, and any other improvements
constructed in relation to the Subdivision, in accordance with plans and specifications approved in
writing by the Town, the Plat, this Agreement, and in full conformity with the Town's construction
specifications applicable at the time of construction plan approval ("Construction Approval").
Construction Approval shall continue in effect for three (3) years from the effective date of this
agreement. hi the event that the Subdivider commences or performs any construction after such three
(3) year period, the Subdivider shall resubmit the project utility plans to the Town for reexamination
in accordance with Section 1.5. The Town may require the Subdivider to comply with the approved
Town standards and specifications that are in effect at the time of resubmittal.
(b) Construction of public improvements shall be complete, and conditional acceptance
of the public improvements shall be requested, by no later than three (3) years from the date of such
Construction Approval, weather permitting. If Subdivider has not completed the improvements and
requested conditional acceptance on or before the completion date, the Town may exercise its rights
to secure performance as provided in Section 8.1 of this Agreement.
1.4 Development Coordination. Unless specifically provided in this Agreement to the
contrary, all submittals to the Town shall be made to the Director of Planning & Development, and
all approvals required of the Town in connection with this Agreement shall be rendered by the Town
Manager, or the Manager's designee. The Town Engineer shall have general responsibility for
coordinating development with Subdivider.
1.5 Plan Submission and Ap rp oval. (a) Subdivider shall furnish to the Town complete plans
for public improvements for the Subdivision, and obtain approval of such plans prior to the
commencement of any construction work thereon. The Town shall issue its written approval or
disapproval of said plans as expeditiously as reasonably possible. Said approval or disapproval shall
be based upon the standards and criteria for public improvements as established and approved by the
Town, and the Town shall notify Subdivider of all deficiencies which must be corrected prior to
approval. All deficiencies shall be corrected and said plans shall be resubmitted to, and approved by,
the Town prior to the construction of any improvements. In addition to the foregoing, prior to the
commencement of any construction work on the sanitary sewer or water improvements, all sanitary
sewer plans shall be submitted to and shall require the approval of the St. Vrain Sanitation District,
and all water service plans shall be submitted to, and shall require the approval of the Little Thompson
Water District.
(b) Except as provided in this subsection (b), building permits shall be issued only after
improvements have been completed and have been granted conditional acceptance. The Subdivider
may request and, provided there is no breach of this Agreement by Subdivider, the Town shall issue
its approval of the following permits:
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(1) Upon receipt of a letter of credit to secure performance of erosion control, dust
management, and site stabilization work, the Town shall issue a grading permit.
(2) Following approval of plans for sanitary utility construction by the St. Vrain
Sanitation District, Town permits required for construction of the sanitary sewer system (such
as right-of-way permits) shall be issued.
(3) Following approval of plans for water utility construction by the Little
Thompson Water District, Town permits required for construction of the water system (such
as right-of-way permits) shall be issued.
1.6 Conditional Acceptance. (a) No later than fourteen (14) days after improvements are
completed for the Subdivision, Subdivider shall request inspection by the Town. If Subdivider does
not request this inspection within fourteen (14) days of completion of improvements, the Town may
conduct the inspection without the approval of Subdivider. Subdivider shall provide "as -built"
drawings, in both hard copy and electronic file format acceptable to the Town, and a certified
statement of construction costs no later than forty-five (45) days after improvements are completed.
If improvements completed by Subdivider are satisfactory, the Town shall grant "conditional
acceptance", which shall be subject to "final acceptance" as set forth herein. If improvements
completed by Subdivider are unsatisfactory, the Town shall provide written notice to Subdivider of
the repairs, replacements, construction or other work required to receive "conditional acceptance."
Subdivider shall complete all needed repairs, replacements, construction or other work within thirty
(30) days of said notice, weather permitting. After Subdivider completes the repairs, replacements,
construction, or other work required, Subdivider shall request of the Town a re -inspection of such
work to determine if conditional acceptance can be granted, and the Town shall provide written notice
to Subdivider of the acceptability or unacceptability of such work. If Subdivider does not complete
the repairs, replacements, construction or other work required within thirty (30) days of said notice,
the Town may exercise its rights to secure performance as provided in Section 8.1 of this Agreement.
The Town reserves the right to schedule reinspections, depending upon scope of deficiencies.
(b) Except as provided in Section 1.5(b)(2), no building permit for the construction of any
structure shall be issued by the Town until all the water lines, fire hydrants, sanitary sewer lines and
streets (including curb, gutter, sidewalk and pavement) serving such structure have been completed
and granted conditional acceptance. Subdivider may delay the installation of the final lift of asphalt
on streets until after conditional acceptance of such streets, but the installation of the final lift of
asphalt shall be condition precedent to final acceptance of the improvements. If Subdivider elects to
delay installation of the final lift of asphalt, then Subdivider shall provide security to the Town in the
form or cash or letter of credit in an amount equal to one hundred percent (100%) of the estimated
cost to install the final lift of asphalt as approved by the Town. Such letter of credit shall not be
released until final acceptance of the improvements has been granted by the Town. Notwithstanding
any provision herein to the contrary, the right to delay the installation of the final lift of asphalt on
streets until after conditional acceptance of such streets is personal to Barefoot LLC, a Colorado
limited liability company, as Subdivider, and may be exercised by Barefoot LLC only for so long as
2020 11-29 Barefoot Lakes Filing 4, 1" Replat
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Barefoot LLC is a wholly owned subsidiary of Brookfield Residential Properties, Inc., and Barefoot
LLC does not have the right to assign this right to any third party. Notwithstanding any provision
herein to the contrary, successors and/or assigns of Barefoot LLC shall be required to install the full
depth of asphalt required by approved constructions plans, including the final lift of asphalt on all
streets, prior to conditional acceptance of the improvements.
1.7 Maintenance and Warranty of Improvements. For a minimum two (2) year period from
the date of "conditional acceptance" of improvements of the Subdivision or until Final Acceptance is
issued, whichever is greater, Subdivider shall warrant all said improvements and, at its own expense,
take all actions necessary to maintain said improvements and make all needed repairs or replacements
which, in the reasonable opinion of the Town, shall become necessary. If within thirty (30) days after
Subdivider's receipt of written notice from the Town requesting such repairs or replacements, the
Subdivider has not completed such repairs, the Town may exercise its rights to secure performance
as provided in Section 8.1 of this Agreement.
1.8 Final Acceptance. At least thirty (30) days before two (2) years has elapsed from the
issuance of conditional acceptance, or as soon thereafter as weather permits, Subdivider shall request
a "final acceptance" inspection of the improvements. The Town shall inspect the improvements and
shall notify the Subdivider in writing of all deficiencies and necessary repairs, if any. If there are no
deficiencies, or after Subdivider has corrected all deficiencies and made all necessary repairs
identified in said written notice, the Town shall issue to Subdivider a letter of "final acceptance." If
Subdivider does not correct all deficiencies and make repairs identified in said inspection to the
Town's satisfaction within thirty (30) days after receipt of said notice, weather permitting, the Town
may exercise its rights to secure performance as is provided in Section 8.1 of this Agreement. '
1.9 Reimbursement to Town. The Town may complete construction, repairs, replacements,
or other work for Subdivider pursuant to Sections 1.6, 1.7, 1.8, or 8.1 of this Agreement with funds
other than the Improvement Guarantee, in which event Subdivider shall reimburse the Town within
thirty (30) days after receipt of written demand and supporting documentation from the Town. If
Subdivider fails to so reimburse Town, then Subdivider shall be in default of the Agreement and the
Town may exercise its rights under Section 8.1 of this Agreement.
1.10 Testing and Inspection. (a) Subdivider shall employ, at its own expense, a licensed and
registered testing company, previously approved by the Town in writing, to perform all testing of
materials or construction that may be reasonably required by the Town, including but not limited to
compaction testing for embanlanent fills, structural backfills, pipe bedding, trench backfills,
subgrades, road base course and asphalt, and concrete strength testing, and shall furnish copies of test
results to the Town on a timely basis for Town review and approval prior to commencement or
continuation of construction to which the testing is applicable. In addition, at all times during said
construction the Town shall have access to inspect the materials and workmanship of said
construction, determine the progress of the work, and determine compliance of the work with the
approved plans and the Town's construction regulations, and all materials and work not conforming
to such regulations, plans and specifications shall be repaired or removed and replaced at Subdivider's
expense so as to conform to such regulations, plans and specifications. The Subdivider shall be
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responsible for, and shall promptly pay upon receipt of invoice therefor, all actual costs incurred by
the Town for engineering, planning, inspection, testing, and legal services related to the Subdivision
improvements to be constructed under this Agreement or to the administration of this Agreement.
The Town and Subdivider shall in good faith cooperate to control such costs.
(b) All work shown on the Plat and approved construction plans shall be subject to
inspection by the Town. Inspection by the Town shall not relieve the Subdivider fi•om compliance
with the approved plans and specifications or the Town's construction regulations. Inspection
services requiring the presence of the Town are provided Monday through Friday, except legal
holidays, from 9:00 a.m. to 4:00 p.m. During the hours listed above, inspections shall be scheduled
a minimum of forty-eight (48) hours in advance with the Town. Requests for inspection services
beyond the hours listed above, shall be submitted a minimum of forty-eight (48) hours in advance to
the Town for approval. All requests for after-hours inspection services shall be made in writing to
the Town. If the request is denied, the work shall not proceed after the time requested until an
inspection has been performed during the hours listed above. The Subdivider shall comply with all
notification and inspection requirements of the sanitation district serving the property with regard to
sanitary sewer improvements.
1.11 Financing and Improvement Guarantees. (a) Except as otherwise specially agreed
herein, the Subdivider agrees to install and pay for all improvements described in Exhibit B or
otherwise required by this Subdivision as shown on the approved plat, utility plans, and other
approved documents on file with the Town. Said Improvement Guarantee shall include, but not be
limited to, street construction, landscaping, fencing, street lights, water, sewer, storm sewer and
drainage improvements.
(b) Prior to commencing construction of the public improvements, Subdivider shall
submit to the Town the following Improvement Guarantees:
(1) Infrastructure Improvement Guarantees. With respect to all of the public
improvements described in Exhibit B aside from landscaping improvements (the
"Infrastiucture Improvements"), Subdivider shall submit to the Town the following
Improvement Guarantees:
(i) Subdivider shall provide a single letter of credit in form and
substance as shown in Exhibit C as the Improvement Guarantee in
an amount equal to one hundred percent (100%) of the total
estimated cost, including labor and materials, to secure the
performance of erosion control, dust management, and site
stabilization work in the amount shown in Exhibit B for the
Infrastructure Improvements; and
(ii) For the remainder of the Infrastructure Improvements set forth in
Exhibit B, Subdivider shall provide a single improvement guarantee
as cash, letter of credit in form and substance as shown in Exhibit
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C, or a bond, in an amount equal to one hundred percent (100%) of
the -total estimated cost, including labor and materials, of,tthe
Infrastructure Improvements not secured by the letter of credit
provided pursuant to subsection (b)(1), above. If Subdivider
provides a bond, the bond must be in accordance with the
requirements set forth in the DVR Agreement.
(2) Landscaping Improvement Guarantee. With respect to all of the landscaping
public improvements described in Exhibit B (the "Landscaping Improvements"), Subdivider
shall submit to the Town the following Improvement Guarantees:
(i) Subdivider shall provide a single letter of credit in form and
substance as shown in Exhibit C as the Improvement Guarantee in
an amount equal to one hundred percent (100%) of the total
estimated cost, including labor and materials, to secure the
performance of erosion control, dust management, and site
stabilization work in the amount shown in Exhibit B for the
Landscaping Improvements; and
(ii) For the remainder of the Landscaping Improvements, including all
irrigation and other landscaping not specifically intended for
construction related erosion control, dust management and site
stabilization, set forth in Exhibit B, Subdivider shall provide a
single improvement guarantee as cash, letter of credit in form and
substance as shown in Exhibit C, or a bond, in an amount equal to
one hundred percent (100%) of the total estimated cost, including
labor and materials, of the Landscaping Improvements not secured
by the letter of credit provided pursuant to subsection (b)(2), above.
If Subdivider provides a bond, the bond must be in accordance with
the requirements set forth in the DVR Agreement.
(c) The term of every Improvement Guarantee provided by Subdivider shall be for a
period of time sufficient to cover the completion of construction of all of the specific, associated
public improvements to which such Improvement Guarantee applies, and, except as set forth in
subsection (d) below, shall not be released until conditional acceptance of all of the public
improvements to which the specific Improvement Guarantee applies has been granted by the Town.
If the Subdivider provides a letter of credit, the letter of credit shall not expire during the winter season
(November 1—March 1).
(d) At the time of conditional acceptance of the Infrastructure Improvements, the Town
shall reduce the amount of the Improvement Guarantees set forth in subsection (b)(1) above to fifteen
percent (15%) of the certified statement of construction costs for the Infrastructure Improvements. At
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the time of conditional acceptance of the Landscaping Improvements, the Town shall reduce the
-y amount of the Improvement Guarantees set forth in subsection (b)(2) above to fifteen percent (15%)
of the certified statement of construction costs for the Landscaping Improvements.
(e) The remaining Improvement Guarantees set forth in subsection (b)(1) above shall be
released upon final acceptance of the Infrastructure Improvements by the Town, and the remaining
Improvement Guarantees set forth in subsection (b)(2) above shall be released upon final acceptance
of the Landscaping Improvements by the Town, provided no mechanics' liens have been filed with
respect to the public improvements and the Subdivider is not otherwise in breach of this Agreement.
If any mechanics' liens have been filed with respect to the public improvements, the Town may retain
all or a portion of the associated Improvement Guarantee up to the amount of such liens. If Subdivider
fails to have such improvements finally accepted within one (1) year of the date of the issuance of
conditional acceptance or any improvements are found not to conform to this Agreement, or to
applicable Town standards and specifications, then Subdivider shall be in default of the Agreement
and the Town may exercise its rights under Section 8.1 of this Agreement.
(f) In addition to any other remedies it may have, the Town may, at any time prior to
Final Acceptance, draw on any Improvement Guarantee issued or provided pursuant to this
Agreement if Subdivider fails to extend or replace any such Improvement Guarantee at least thirty
(30) days prior to expiration of such Improvement Guarantee. If the Town draws on the guarantee to
correct deficiencies and complete improvements, any portion of said guarantee not utilized in
correcting the deficiencies and/or completing improvements shall be returned to Subdivider within
thirty (30) days after said final acceptance. In the event that the Improvement Guarantee expires or
the entity issuing the Improvement Guarantee becomes non -qualifying, or the cost of improvements
and construction is reasonably determined by the Town to be greater than the amount of the security
provided, then the Town shall furnish written notice to the Subdivider of the condition, along with
supporting documentation, and within thirty (30) days of receipt of such notice the Subdivider shall
provide the Town with a substituted qualifying Improvement Guarantee, or augment the deficient
security as necessary to bring the security into compliance with the requirements of this Section 1.11.
If such an Improvement Guarantee is not submitted or maintained, then Subdivider is in default of
this Agreement and is subject to the provisions of Section 8.1 of this Agreement, as well as the
suspension of development activities by the Town including, but not limited to, the issuance of
building permits and certificates of occupancy; provided, however, that no additional 30-day notice
to cure under Section 8.1 is required prior to the suspension of the issuance of building permits and
certificates of occupancy.
(g) Notwithstanding any provision herein to the contrary, the right to provide a bond as
security for the completion of public improvements as set forth in subsections (b)(1)(ii) and
(b)(2)(ii)above, is personal to Barefoot LLC, a Colorado limited liability company, as Subdivider and
may be exercised by Barefoot LLC only for so long as Barefoot LLC is a wholly owned subsidiary
of Brookfield Residential Properties, Inc., and Barefoot LLC does not have the right to assign this
right to any third party. Notwithstanding any provision herein to the contrary, successors and/or
assigns of Barefoot LLC shall not be able to provide a bond or bonds as security for the completion
of public improvements, but shall provide a letter of credit in a form and substance acceptable to the
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Town in its sole discretion.
1.12 Indemnification and Release of Liability. Subdivider agrees to indemnify and hold
harmless the Town, its officers, employees, agents, and 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 the Subdivider, its officers, employees, agents, consultants,
contractors, and subcontractors, and to pay to the Town and said persons their reasonable expenses,
including, but not limited to, reasonable attorney fees and reasonable expert witness fees, incurred in
defending any such suit, action or claim; provided, however, that Subdivider's obligation herein shall
not apply to the extent said suit, action or claim results fiom any acts or omissions of officers,
employees, agents or servants of the Town or conformance with requirements imposed by the Town.
Said obligation of Subdivider shall be limited to suits, actions or claims based upon conduct prior to
"final acceptance" by the Town of the construction work. Subdivider acknowledges that the Town's
review and approval of plans for development of the property 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, the Subdivider or third parties is assumed by such review or approval.
1.13 Insurance; OSHA. Subdivider shall, through contract requirements and other normal
means, guarantee and furnish to the Town proof thereof that all employees and contractors engaged
in the construction of improvements are covered by adequate Workers' Compensation Insurance and
Public Liability Insurance, and shall require the faithful compliance with all provisions of the Federal
Occupational Safety and Health Act (OSHA).
1.14 Issuance of Building Permits and Certificates of Occupancy. Subdivider shall complete
improvements and request conditional acceptance thereof on or before the completion deadline set
forth in Section 1.3(b). In addition:
(a) No building permits shall be issued until the full amount of the Improvement
Guarantee has been provided to the Town;
(b) No building permits shall be issued for the construction of any habitable structure until
all the water lines, fire hydrants, sanitary sewer lines and streets (including curb, gutter, and sidewalk
pavement with at least the base course completed) serving the Subdivision have been completed and
granted conditional acceptance; and
(c) No building permits shall be issued for any structure located in excess of nine hundred
feet from a single point of access.
(d) No certificates of occupancy shall be issued within the Subdivision until all
infiastructure improvements identified on Exhibit B have been completed and have been granted
conditional acceptance.
2.0 CONSTRUCTION OF IMPROVEMENTS
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2.1 Rights -of -way, Easements and Permits. Prior to commencing construction of any
improvements set forth herein, Subdivider shall acquire at its own expense and convey to the Town
all necessary land, rights -of -way and easements required by the Town for Subdivider's construction
of the proposed improvements related to the Subdivision. All such conveyances shall be free and
clear of liens, taxes and encumbrances and shall be by Special Warranty Deed in form and substance
acceptable to the Town Attorney. All title documents shall be recorded by the Town at the
Subdivider's expense. The Subdivider shall also firrnish, at its own expense, an ALTA title policy
for all interest(s) so conveyed, subject to approval by the Town Attorney.
2.2 Construction. Subdivider shall furnish and install, at its own expense, the improvements
listed on the "Schedule of Improvements" attached as Exhibit B, in conformance with the Plat and
approved construction plans. If Subdivider does not meet the above obligations, then Subdivider shall
be in default of the Agreement and the Town may exercise its rights under Section 8.1 of this
Agreement. The Subdivider shall provide the Town Engineer with certified Record Drawings upon
completion of the construction of public improvements and other documents as required by the Town.
These documents shall show "as -built" locations of such improvements.
2.3 Utility Coordination and Installation. In addition to the Improvements described on
Exhibit B, Subdivider shall also be responsible for coordination of and payment for installation of
on -site and off -site electric, street lights, natural gas, telephone and utilities. All utilities shall be
placed underground to the extent required by the Town Code,
3.0 STREET IMPROVEMENTS
3.1 Street Improvements. For the purposes of this Agreement, "street improvements" shall
be defined to include, where applicable, but not limited to, all improvements within the right-of-way
such as bridges, sub -base preparation, road base, asphalt, concrete, seal coat, curb and gutter, medians,
entryways, underground utilities, sidewalks, bicycle paths, traffic signs, street lighting, street name
signs, landscaping and drainage improvements. Street improvements other than curbs, gutters, walks
and signs, shall not be installed until all utility lines to be placed within the right-of-way have been
completely installed, including individual lot service lines leading in from the main to the property
line. All street improvements shall be constructed and installed, at the minimum, pursuant to the Plat,
approved construction plans, and the Schedule of Improvements attached as Exhibit B.
3.2 Street Signs, Traffic Signs and Striping. Subdivider will install, at Subdivider's expense,
striping, street name signs, stop signs, speed limit signs and other signs on local, collector and arterial
streets. Signs and striping shall be installed in a manner reasonably approved by the Town and in
accordance with the Model Traffic Code, as from time to time amended, and other applicable legal
requirements.
4.0 PUBLIC USE DEDICATION AND LANDSCAPING
4.1 Public Use Dedication. (a) Subdivider shall convey to the St. Vrain Lakes Metropolitan
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District No. 1, prior to the issuance of any building permits, those tracts as shown on the Plat as to be
owned by the St. Vrain Lakes Metropolitan District.
(b) The Subdivider specifically represents that to the best of its knowledge, all portions of the
Subdivision either dedicated to the Town or comprising rights -of -way to be owned and maintained
by the Town are in compliance with all environmental protection and anti -pollution laws, rules,
regulations, orders, and requirements, including solid waste requirements, as defined by the US
Environmental Protection Agency Regulations at 40 C.F.R., Part 261, and that such portions of the
property as are dedicated to the Town pursuant to this development, are in compliance with all such
requirements pertaining to the disposal or existence in or on such dedicated property of any hazardous
substances, pollutants, or contaminants, as defined by the Comprehensive Environmental Response
Compensation and Liability Act of 1980, as amended, and regulations promulgated thereunder. The
Subdivider does hereby indemnify and hold harmless the Town from any liability whatsoever that
may be imposed upon the Town by any governmental authority, pertaining to the disposal of
hazardous substances, pollutants or contaminants, and cleanup necessitated by leaking underground
storage tanks, excavation and/or backfill of hazardous substances, pollutants or contaminants, or
environmental cleanup responsibilities of any nature whatsoever on, of or related to any property
dedicated to the Town pursuant to this development. The Subdivider further agrees to indemnify and
hold harmless the Town from any claims or actions based directly, indirectly or in any manner on any
of the aforementioned environmental risks brought against the Town by third parties arising as a result
of the dedication of portions of the Property to the Town pursuant to this development. Said
indemnification shall not extend to claims, actions or other liability arising as a result of any hazardous
substance, pollutants or contaminants generated or deposited by the Town, it agents or representatives,
upon portions of the property dedicated to the Town pursuant to this development.
4.2 Landscape Improvements. For public lands and rights -of -way within the Subdivision,
Subdivider shall furnish to the Town complete final landscape and irrigation plans and obtain approval
thereof by the Town prior to commencement of Public Improvements. Subdivider shall construct the
landscape improvements as required in landscape and irrigation plans approved by the Town.
5.0 WATER LINES
5.1 Specifications. (a) All water mains, lines and appurtenances thereto shall be constructed
and installed by the Subdivider, at the minimum, pursuant to Town -approved plans, Little Thompson
Water District specifications, and the Schedule of Improvements attached as Exhibit B, including
both on -site and off -site improvements.
(b) All of the water lines, fire hydrants, valves, fittings, and appurtenances as shown on the
approved utility plans shall be installed by the Subdivider prior to issuance of any building permits.
This shall include all water services for all of the lots shown on the Plat.
6.0 SEWER LINES
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6.1 Specifications, All sewer lines and appurtenances thereto shall be constructed and
installed by the Subdivider, at the minimum, pursuant to Town -approved plans, St. Wain Sanitation
District specifications, and the Schedule of Improvements attached as Exhibit B, and shall meet the
requirements and have the approval of the sanitation district serving the property, including both
on -site and off -site improvements.
7.0 OTHER IMPROVEMENTS
7.1 Street Lights. The total cost of street light installation shall be the Subdivider's obligation.
Subdivider shall cause, at its own, expense, the provider of electric and power service to install all
required street lighting pursuant to Town -approved plans and specifications. Said street lights shall
be installed concurrently with the streets on which they are located.
7.2 Drainage Improvements. (a) Drainage improvements for the Subdivision shall be
constructed by Subdivider and, at the minimum, in accordance with plans and specifications approved
by the Town and in accordance with the minimum requirements for storm drainage facilities as have
been established by the Town. All storm drainage facilities shall be so designed and constructed by
the Subdivider as to protect downstream and adjacent properties against injury and adequately serve
the Subdivision. No overlot grading shall be initiated by Subdivider until the Town issues a grading
permit in accordance with Section 1.5(b)(1).
(b) Drainage improvements shall be completed and granted conditional acceptance by the
Town prior to the issuance of building permits. Completion of the improvements shall include the
certification by a licensed professional engineer that the drainage facilities which serve the
development have been constructed in conformance with said approved plans. Any deviation from
the approved plans shall be the responsibility of the Subdivider to correct. Said certification shall be
submitted to the Town at least two (2) weeks prior to the date of issuance for any subsequent building
permit.
(c) Drainage improvements for each lot shall be constructed by the Subdivider, at the
minimum, in accordance with the approved construction plans. Subdivider shall furnish copies of
approved plans to subsequent purchasers (other than homeowners) of lots. Any changes from the
approved plans with respect to grade elevation or storm drainage facility configuration that occur as
a result of the construction of houses and or other development of lots, whether by the Subdivider or
other parties, shall require the approval of the Town. The Town may withhold the issuance of building
permits and certificates of occupancy until the Town has approved such changes as being acceptable
for the safe and efficient delivety of storm drainage water.
7.3 Trash Debris Mud. Subdivider agrees that during construction of the Subdivision and
improvements described herein, Subdivider shall take any and all steps necessary to control trash,
debris and wind or water erosion in the Subdivision. If the Town determines that said trash, debris or
wind or water erosion causes damage or injury or creates a nuisance, Subdivider agrees to abate said
nuisance and/or to correct any damage or injury within five (5) working days after notification by
Town. If Subdivider does not abate said nuisance or if an emergency situation exists, to be determined
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by the Town in its sole discretion, the Town may abate the nuisance and/or correct any damage or
injury without notice to Subdivider at Subdivider's expense. Subdivider also agrees to take any and
all 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 the Town. If Subdivider does not abate such mud or debris, or if an emergency exists,
Town may abate the same at Subdivider's expense.
7.4 Limitation of Construction Hours. The operation of construction equipment shall be
prohibited between the hours of 7:00 p.m. and 7:00 a.m. The Town Manager may, upon written
application and for good cause, alter the hours of operation for a defined period of time.
8.0 MISCELLANEOUS TERMS
8.1 Breach of Agreement. In the event that the Subdivider should fail to timely comply with
any of the terms, conditions, covenants and undertakings of the Agreement, and if such noncom-
pliance is not cured and brought into compliance within thirty (30) days of written notice of breach
of the Subdivider by the Town, unless the Town in writing and in its sole discretion designates a
longer cure period, then the Town may draw upon the Improvement Guarantee and may complete
some or all the public improvements associated with such Improvement Guarantee at Subdivider's
expense. Subdivider's expense shall be limited to the costs incurred by the Town, as defined herein.
Notice by the Town to the Subdivider will specify the conditions of default. In the event that no
Improvement Guarantee has been posted or the Improvement Guarantee has been exhausted or is
insufficient, then the Town has the right enforce the restrictions on the issuance of building permits
and other approval or permits, and, if it chooses, to begin work, on the Improvements at the expense
of the Subdivider. If the Town determines in its sole discretion that an emergency exists, such that
the improvement must be completed in less than seven (7) days, the Town may immediately draw
upon the Improvement Guarantee if available and may complete the Improvements at Subdivider's
expense even if the improvement guaranty is not available; in such event, the Town shall use its best
efforts to notify Subdivider at the earliest practical date and time. The Town may also, during the
cure period and until completion of the improvements in compliance with this Agreement, withhold
any additional building permits, certificates of occupancy, or provision of new utilities fixtures or
sei vices. Nothing herein shall be construed to limit the Town from pursuing any other remedy at law
or in equity which may be appropriate under municipal, state or federal law. Failure to timely
complete construction of improvements which is solely due to inclement weather, acts of God,
material shortages, labor strikes, and other matters not within the Subdivider's control shall not be
considered a breach of the Agreement. Any costs incurred by the Town, including, but not limited
to, administrative costs and reasonable attorney fees, in pursuit of any remedies due to the breach by
the Subdivider shall be the responsibility of the Subdivider. The Town may deduct these costs from
the Improvement Guarantee.
8.2 Recording of Agreement. The Town shall record this Agreement at Subdivider's expense
in the office of the Clerk and Recorder, County of Weld, State of Colorado, and the Town shall retain
the recorded Agreement.
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8.3 Binding Effect of Agreement. This Agreement shall run with the land included within the
Subdivision, shall be binding upon the successors and assigns of the parties hereto, and except as
provided herein to the contrary, shall inure to the benefit of the successors and assigns of the parties
hereto.
8.4 Assignment, Delegation and Notice. There shall be no transfer or assignment of any of
the rights or obligations of the Subdivider under this Agreement without the prior written approval
of the Town, and the Subdivider agrees to provide the Town with at least fourteen (14) days'
advance notice of any such proposed transfer or assignment. Subdivider shall not sell or transfer
any lots within the Subdivision before the Improvement Guarantee has been posted, or during any
period Subdivider has been notified by the Town that the Improvement Guarantee is not in
compliance with this Agreement. If such a sale or transfer is made, Subdivider shall be in default
of this Agreement and is subject to the provisions of Section 8.1, and the Town may suspend all
development activities relating to the Subdivision or Subdivider, or both, including but not limited
to staff development reviews, public hearings, and issuance of building permits and certificates of
occupancy. Subdivider and successor shall, until written Town approval of the proposed transfer of
title and delegation of obligations, be jointly and severally liable for the obligations of Subdivider
under this Agreement.
8.5 Modification and Waiver. No modification of the terms of this Agreement shall be valid
unless in writing and executed with the same formality as this Agreement, and no waiver of the breach
of the provisions of any section of this Agreement shall be construed as a waiver of any subsequent
breach of the same section or any other sections which are contained herein.
8.6 Addresses for Notice. Any notice or communication required or permitted hereunder shall
be given in writing and shall be personally delivered, or sent by United States mail, postage prepaid,
registered or certified mail, return receipt requested, addressed as follows:
TOWN:
Town of Firestone
Town Cleric
151 Grant Avenue
P.O. Box 100
Firestone, CO 80520
With a required copy to:
SUBDIVIDER:
Barefoot LLC
6465 Greenwood Plaza Blvd #700
Centennial, CO 80111
Williamson & Hayashi, LLC Lyons Gaddis Kahn Hall Jeffers
Attn: William Hayashi Dworak & Grant, P.C.
1650 38"' Street, Suite 103 West 515 Kimbark Street
Boulder, CO 80301 Longmont, CO 80501
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or to such other address or the attention of such other person(s) as hereafter designated in writing by
the applicable parties in conformance with this procedure. Notices shall be effective upon mailing or
personal delivery in compliance with this paragraph.
8.7 Force Maieure. Whenever Subdivider is required to complete construction, maintenance,
repair, or replacement of improvements by an agreed upon deadline, said deadline shall be extended
for a reasonable 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 maj eure or beyond the reasonable control
of Subdivider.
8.8 Approvals. Whenever approval or acceptance of a matter is required or requested of the
Town pursuant to any provisions of this Agreement, the Town shall act reasonably in responding to
such matter.
8.9 Previous Agreements. All previous written and recorded agreements between the parties,
their successors, and assigns, including, but not limited to, the Annexation Agreement and
Development and Vested Rights Agreement, shall remain in full force and effect and shall control
this Subdivision. If any prior agreements conflict with this Agreement, then this Agreement controls.
8.10 Title and Authority. Subdivider warrants to the Town that it is the record owner for the
property within the Subdivision or is acting in accordance with the currently valid and unrevoked
power of attorney of the record owner hereto attached. The undersigned further warrants to have full
power and authority to enter into this Agreement on behalf of Subdivider.
8.11 Severability. This Agreement is to be governed and construed according to the laws of
the State of Colorado. In the event that upon request of Subdivider or any agent thereof, any provision
of the Agreement is held to be violative of the municipal, state, or federal laws and hereby rendered
unenforceable, the Town, in its sole discretion, may determine whether the remaining provisions will
or will not remain in force.
8.12 Agreement Status After Final Acceptance. Upon final acceptance by Town of all
improvements and compliance by Subdivider with all terms and conditions of this Agreement, and
provided that no litigation or claim is pending relating to this Agreement, the provisions of this
Agreement relating to the construction of public improvements shall no longer be in effect except for
the provisions of Sections 1.12 and 4.1(b) hereof, which provisions shall remain in effect and survive
any expiration or termination of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set
forth above.
TOWN:
TOWN OF FIRESTONE, COLORADO
%a' ® By: a
q fighbiau1-,,Mayor •_
ATTEST:
C®
ia, Town
2020 11-29 Barefoot Lakes Filing 4, 1" Replat
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SUBDIVIDER: f f'
BAREFOOT, L(L
v �eF mcvovern
Title: Division Prealdent
and
ACKNOWLEDGMENT
STATE OF COLORADO )
) ss.
COUNTY OF f)1\ 1 E- )
The foregoing instillment was acknowledged before me this D4P day of
2011 , by -Fe-MGt) oy e-K-t-A as D1y j sk, ri P2�S � peed
as CA-- o of Barefoot, LLC.
Witness my hand and official seal.
My commission expires:-?}
(SEAL) Notary Public
Lane Ann McNamee
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19994 M12
MY COMMISSION EXPIRES 02(05I2023
2020 11-29 Barefoot Lakes Filing 4, 1" Replat
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Page 17 of 27
EXHIBIT A
(reduced copy of Filing 4, 1" Replat)
4807009 03/02/2022 02:02 PM
Page 18 of 27
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4807009 03/02/2022 02.02 PM
Page 19 of 27
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4807009 03/02/2022 02.02 PM
Page 20 of 27
EXHIBIT B
(list of Public Improvements)
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Page 21 of 27
Barefoot Lakes Filing No. 4, 1st Replat,
Exhibit B -Schedule of ImprovementsRedland FIRESTONE
Date: 12-01-2021
C 0 t 0 It A n 0
Filing 4 - 1st Replat
Letter of Credit Items
UNIT TOTAL
H - Asphalt Pavement Signage & Striping QUANTITY UNIT PRICE COST
Asphalt (1-1/2" section - Grade SX) 8,853 SY-IN $4.25 $56,438
Asphalt Pavement Signage & Striping Total $56,438
Bond Items
UNIT TOTAL
A - Sanitary Sewer / Underdrains
QUANTITY
UNIT
PRICE
COST
Connect to Existing Main
1
EA
$3,500.00
$3,500
8" SDR-35 PVC
1,517
LF
$42.00
$63,714
4' Dia. Manhole
10
EA
$4,250.00
$42,500
4" Service w/ wye, cap, bend
28
EA
$1,500.00
$42,000
4" Perforated Underdrain - Same Trench
1,223
LF
$14.00
$17,122
4" Solid Wall Underdrain - Separate Trench
360
LF
$22.50
$8,100
4" Perforated Underdrain - Back of Curb
2,784
LF
$14.00
$38,976
4" Solid Underdrain Service w/ wye, cap, bens
28
EA
$1,400.00
$39,200
4" Cleanout Assembly (San U.D.)
13
EA
$550.00
$7,150
4" Cleanout Assembly (Back of Curb U.D.)
44
EA
$350.00
$15,400
6" Cleanout Assembly
7
EA
$600.00
$4,200
6" Perforated Interceptor Drain
1,015
LF
$32.50
$32,988
6" Solid Wall Interceptor Drain
418
LF
$32.50
$13,585
Sanitary Sewer Total $328,435
UNIT TOTAL
B - Water
QUANTITY
UNIT
PRICE
COST
Connect to Existing Main
2
EA
$2,500.00
$5,000
Fire Hydrant Assembly
4
EA
$6,000.00
$24,000
8" C-900 DR 14 PVC
1,260
LF
$42.00
$52,920
8" Gate Valve
6
EA
$2,000.00
$12,000
8" x 8" Tee Fitting
1
EA
$600.00
$600
8" - 11 % Bend w/ Kick Block
3
EA
$600.00
$1,800
8" - 22'/2 Bend w/ Kick Block
4
EA
$600.00
$2,400
8" - 451 Bend w/ Kick Block
1
EA
$600.00
$600
3/4" Water Service w/ Meter Pit
28
EA
$1,425.00
$39,900
8" Water Lowering
2
EA
$3,000.00
$6,000
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Page 22 of 27
Barefoot Lakes Filing No. 4, 1st Replat
Exhibit B - Schedule of Improvements
RedlandDate:12-01-2021 FIRESTONE
C 0 L 0 It A n 0
Restrained Joints 870 LF $6.10 $5,307
2" Air Vac Assembly on 8" Water 3 EA $5,000.00 $15,000
Water Total $165,527
C - Storm Sewer
QUANTITY
UNIT
UNIT
PRICE
TOTAL
COST
18" RCP
440
LF
$55.00
$24,200
30" RCP
168
LF
$90.00
$15,120
4' Dia. Manhole
3
EA
$4,500.00
$13,500
6' Dia. Manhole
2
EA
$6,500.00
$13,000
8' Dia Manhole
1
EA
$8,500.00
$8,500
5' Type'R' Inlet
1
EA
$6,000.00
$6,000
10' Type 'R' Inlet
2
EA
$7,000.00
$14,000
Type'C' Inlet
1
EA
$5,000.00
$5,000
Connect to Existing Storm Sewer
1
EA
$3,500.00
$3,500
Storm Sewer Subtotal $102,820
UNIT TOTAL
D - Concrete
QUANTITY
UNIT
PRICE
COST
4" Mountable Curb w/ 2' Gutter
2,795
LF
$22.00
$61,490
8' Concrete Crosspan
2
EA
$2,000.00
$4,000
Concrete Walk (6" Thickness)
37,846
SF
$5.50
$208,153
Subgrade Prep - Concrete Walk
37,846
SF
$1.75
$66,231
Handicap Ramp (Firestone Detached)
4
EA
$1,500.00
$6,000
Alley Curb Cut / Approach
2
EA
$1,500.00
$3,000
Concrete Total $348,874
E - Asphalt Pavement Signage & Striping
QUANTITY
UNIT
UNIT
PRICE
TOTAL
COST
Subgrade Prep (12" section)
7,130
SY
$3.00
$21,390
Asphalt (3-1/2" section - Grade S)
20,657
SY-IN
$4.25
$307,273
Signage - Stop Sign/Street Sign
4
EA
$800.00
$3,200
Pavement Marking - Stop Bar
30
SF
$18.00
$540
Asphalt Pavement Signage & Striping Total $332,403
UNIT TOTAL
F - Street Lights QUANTITY UNIT PRICE COST
Street Lights (fixture and pole) 4 EA $1,600.00 $6,400
G - Earthwork
Cut to Fill
Estimated Import Fill
Street Lights Total $6,400
UNIT
TOTAL
QUANTITY UNIT PRICE
COST
4,200 CY $2.25
$9,450
49,400 CY $8.00
$395,200
Earthwork Total
$404,650
Total Cost
$1,745,547
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Page 23 of 27
Barefoot Lakes Filing No. 4, 1st Replat
Exhibit B - Schedule of Improvements
RedlandDate: 12-01-2021
Totals - Filing 4 -1st Replat Letter of Credit
H -Asphalt Pavement Signage & Striping
Totals - Filing 4 - 1st Replat Bond
A - Sanitary Sewer
B - Water
C - Storm Sewer
D - Concrete
E - Asphalt Pavement Signage & Striping
F - Street Lights
G - Earthwork
FIRESTONE
c o L o a-n u o
$56,438
$328,435
$165,527
$102,820
$348,874
$332,403
$6,400
$404,650
ALL Total All Public Improvements $1,745,547
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Page 24 of 27
IDI►.�:i : �1[�l
IRREVOCABLE LETTER OF CREDIT
REQUIRED FORM
[date of Letter of Credit - the date the credit is opened]
Town of Firestone, CO
151 Grant Avenue
P.O. Box 100
Firestone, CO 80520
Attn: Town Clerk:
We hereby issue our Irrevocable Letter of Credit Number in your favor for the account of
, in an amount not to exceed
effective immediately and expiring at our counters on (except November 1- March 1) or any extended
expiration date as indicated below.
Funds under this Letter of Credit are available for payment by sight, by presentation of your sight
draft(s) substantially in the form of Exhibit "A" accompanied by your written certificate substantially
in the form of Exhibit "B".
Partial and multiple drawings are permitted.
This Letter of Credit will automatically be extended for a period of one (1) year fiom the present or
any future expiration date unless we notify you in writing by certified mail ninety (90) days prior to
any expiration date that we elect not to renew this Letter of Credit for any additional period.
We hereby engage with you that all drawings in conformity with terms and conditions of the Letter
of Credit will be duly honored upon presentation to our counters on or before any expiration date as
indicated above.
All bank charges, including any advising bank charges, are to be charged to (account party's name).
If a demand for payment by you hereunder does not, in any instance, conform to the terms and
conditions of this Letter of Credit, the bank shall give the Town written notice, and send copy of this
notice by FAX to the Town of Firestone (Attn: Town Clerk), within three business days of
presentment of any nonconforming draft that the purported negotiation was not effective in
accordance with the terms and conditions of the Letter of Credit, stating with particularity the reasons
therefore. The bank will hold all documents at the bank for the Town, or send them to the Town, at
the Town's option. Any such nonconforming demand may be corrected and resubmitted within three
4807009 03/02/2022 02.02 PM
Page 25 of 27
(3) business days of receipt of the bank's mailed notice of nonconformity. A resubmittal will be
deemed to have been presented to the bank on the date of the original demand for payment.
We are a current member of (FDIC) (FSLIC).
This credit is subject to the Uniform Customs and Practice for Documentary Credits, 2007 revision,
ICC publication number 600.
This Irrevocable Letter of Credit sets forth in full the terms of our undertaking and such undertaking
shall not in any way be modified, amended or amplified by reference to any document or instrument
referred to herein or in which the Irrevocable Letter of Credit relates and any such reference shall not
be deemed to incorporate herein by reference any document or instrument.
Sincerely,
(Bank)
4807009 03/02/2022 02:02 PM
Page 26 of 27
EXHIBIT A TO LETTER OF CREDIT
DRAFT FOR PAYMENT DRAWN UNDER
IRREVOCABLE LETTER OF CREDIT NO.
DATE: 20
PAY TO: The account of the Town of Firestone, Colorado, Account
No. , at
Colorado, THE SUM OF DOLLARS
TOWN OF FIRESTONE, COLORADO
By:
Town Clerk
4807009 03/02/2022 02:02 PM
Page 27 of 27
To:
EXHIBIT B TO LETTER OF CREDIT
CERTIFICATE FOR PAYMENT
The undersigned, a duly appointed officer of the Town of Firestone, Colorado (the "Town"),
hereby certifies to (the "Bank"), with reference to the Bank's
Irrevocable Letter of Credit No. (the "Letter of Credit"), issued by the
Bank in favor of the Town, that:
the
(1) The undersigned is the Town Cleric for the Town.
(2) The Town is authorized to make a drawing under the Letter of Credit.
(3) The amount which is due and payable fiom the Letter of Credit is
$ , and the amount of the sight draft accompanying this
certificate does not exceed such amount.
IN WITNESS WHEREOF, the undersigned has executed and delivered this certificate as of
day of , 20
TOWN OF FIRESTONE, COLORADO
By:
Town Cleric