HomeMy WebLinkAbout23-94 Extending Approval of a Minor Subdivision Plat Firelight Park 09-13-2023RESOLUTIONNNO. 23-94
A RESOLUTION OFTHE BOARD OFTRUST1,,,ES OFTHE TOWN OF
FIRESTONE, COLORADO, EXTEN'DINCrTFIE, APPROVAL OF A !NJINOR
SUBDIVISION PLAT FOR CERTAIN REAL PROPERTV LOCATED
WITHIN F1 RELICAITPARKIN11 NOR SUBDIVISION
WREREAS, the Board of TrUstees, by duly -adopted Resolution No. 22-79. dated July 13,
2022. approved the Firelight Park Minor Subdivision Plat (the Minor Plat"), submitted by Fire
Voyage Ventures L1,C t"Applicarat" ), as olvner of certain real property located within Firelight Park
(the -Property"); and
WHEREAS, oil October 26, 2022, the Board of-Frustecs, by duly -adopted resolution,
extended the date of approval of the Minor Plat to Fcbruar�,, 13, 2023, and
'WHEREAS, oil FebrUary 8, 2023 the Board of Trustees, by duly -adopted resolution,
extended the data ol'approval of the Minor Plat to June 13, 2023; and
WHEREAS, on June 14, 2023 the Board offrustees, by duly -adopted resolution, extended
tile, date of approval of the Minor Plat to September 13, 2023, and
AA' "EREAS, Applicant has reCILIC'Sted a(I'lain that the Board ol"Frustecs extend the date of
approval oftlie Mitior Plat for a period of ninety (90 days) to December 12, 2023 and
WHEREAS, tire Board of Trustees has reviewed Applicant's request and, bascd oil the
application materials, has determined that there are no reasons to deny a fourth extension of time.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OFTHE
TOWN OF FIRESTONE, COLORADO:
Section 1. Fhe Board of Trustees hereby approves as nuiety-day extension for the
F'irelraht Park Minor Subdivision Plat to Decernber 12. 2023, having an effective date of
September 13, 2023, but subject to the following conditions -
(a) All conditions ofthe original Firelight Park Minor S111)(fiViSiOn Plat approval front
July 13, 2022, as SCt 011t in Resolution No. 2127-79—shall remain valid and in full force and efll&t,
and shall apply to the extension request; and
(b) If not executed and recorded by December 12, 2023, the Firelight Park Minor
Subdivision Plat shall lapse, rudess extended by resolution of the Board of Trustees.
Section 2. Any delay or hapse between the adoption of this resolution and the effective
extension date set forth in Section I (b) of' Resolution No. 23-94 shall not be deerned to be a
condition of default by Applicant under Resolution No. 23-94 or to render tile Firelight Park Minor
Subdivision Plat null and void.
Section 3, Unless otherwise extended by resolution of' the Board of 1"rustecs, the
approval of the Fireliglit Park Minor Subdivision Plat, and the extension thereof, as provided by
Resolution No. 22-79, Resolution No. 22-112, Resolution No, 23-25, Resolution No. 23-68, and this
Resolution, shall be null and void if the conditions set 1'(.,)rth in Section I are not satisfied.
PASSED AND ADOPTED this 13"' day of S
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Drew Alan Peterson. Mayor
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RESOLUTION NO. 22-79
A RESOLUTION OFT BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING A MINOR SURI)TVISION PLAT;
AND ACCEPTING THE PROPERTY INTERESTS DEDICATED 13Y THE
MINOR SUBDIVISION PLAT FOR CERTAIN RE AL PROPERTY
LOCATED WITHIN FIRELIGHT PARK MINOR SUBDIVISION PLAT;
AND AUTHORIZING A SUBDIVISION DEVELOPMENT AGREEMENT
PERTAINING TO THE FIRELIGHT PARK MINT OR SUBDMSION PLAT
WHEREAS, Voyage Ventures LLC ("Applicant"), as owner of certain real property located
within Firelight Park, (the -Property"), has submitted a proposed ininor plat for the Property, entitled
"Firelight Park- Nlinor Subdivision Plat" (the "Minor Plat"); and
WHEREAS, the Firestone Plarming and Zoning Commission, after conducting a public
hearing on the proposed Minor Plat cats Tit 16, 2022, rendered a decision recommending approval
of the Minor Plat with hvo (2) conditions as more fully set forth in PC-22-08, dated Julie 16, 2022;
and
WHEREAS, on July 13, 2022, the Board of Trustee conducted a public hearing on the
proposed Minor Plat; and
WHEREAS, after reviewing the evidence and argument presented at the Board of
Trustees, the Board of Trustees lmds the proposed Minor Plat to be in substantial compliance with
the technical 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 accept the Firelight Park- Minor Subdivision Plat
Subdivision Agreement and to accept furancial guarantees for ittiprovements to be constructed by
the Applicant.
NOW, THERE, FORE, BE IT RE SOLNTD BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The above Recitals and Findings of the Board of Trustees are hereby
incorporated into this resolution.
Section 2. The Board of Trustees hereby approves the Firelight Park- Minor Subdivision
Plat, attached hereto as Exhibit A and incorporated herein by this reference, subject to and contingent
upon compliance Nvith the following conditions:
(a) All mull., technical corrections to the Firelight Park Minor Subdivision Plat
shall be made to the Town's satisfaction.
(b) Final Craistitiction Documents shall be approved by the Town Engineer
prior to the start of construction activities.
Section 3. The Firelight Park Mftlor Subdivision `hat Subdivision Development
Agreeuacnt -between the Town of Firestone and Voyage Ventures LLC` is hereby approved in the
form Substantially Similar to tile form attached hereto as Exhibit B. The or is audiorized to
execute the Subdivision Development Agreement on behalf of the Town,
Section 4. The dedication of all easenients and all other places desigiiapt ed for public
Ilse as slaty 111 111)(mi the Firelight Park Minor Subdivision Plat are hereby accepted by the Town of
Firestone, sutliect however, to the condition that the Town shall not undertake maintenance of any
easement or other place designated for public use ujitil after constmetion of all necessary public
improvements lias been satisfactorily completed by the land ownerand accepted in writing by the
Town of Firestone.
Section 5. The Uayor and Town Clerk are hereby authorized and directed to certify
upon the Firelight Park Minor .'Scal division Plat the Toxvii's approval and acceptance thereof The
Town Clerk is hereby authorized and directed to file the subdivision plat witli Weld County Clerk -
and Recorder*s office upon Hfillment of all conditions as indicated herein,
Section 6. Unless otherwise extended by resolution of the Board of Trustees, the
approvi� -ofthe Firelight Park Minor Subdivision Plat sliall, be nuill and void if the conditions set
forth iii Section 2 are not complied Nvitli within one hundred and twenty (1 -20) days of to date of
this Resolution.
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PASSED.A"ND ADPTED Othis (lacy ofAll)1
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rew Alan Peterson, Mayor
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EXHIBIT
Firelight Park Minot, Subdivision Flat
SubdIvIslon Development Agreement
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THIS SUBDINISION A(,,Rt�-.EMLNI'("Agi-ceiiient") is made and entered into this
municipal corporation. PO Box 750, Firestone, Colorado, 80516, hereinafter referred to as
**Firestone" or "YoNvn," and JOWNER NAMEJ, a fStatet, corporation, ',Address, ('try, State,
Zip Coldc'jt, hereinafter referred to as -Owner," and
WHEREAS, Owner has submitted a Final Plat for IFinal Plat Name,',, (-Development"),
attached hereto as '*Exhibit A" and incorporated herein by reference, Said Final Plat has been
approved by I'irestone; and
WHEREAS, The'J"own has reviewed its Water Supply Plan, which addresses tile Town's
existing water obligations arid its present and future water supplies. The Town has also reviewed
its Conservation Plan and its Municipal Code regarding water dedications, and has determined, at
its sole discretion, that it will be able to provide an adequate water supply to serve tile Properties
waterneedsat ftill build out 1',)umlant to Section 29-20-301 C.R.Set seq. As a term and condition
of providing said water, tile Developer hereby agrees to comply with the Town's Municipal Code
regarding water dedications and cash in lieu ofwater dedications, anti
WHEREAS, tile regulations of Firestone require that the Owner enter into all Agrectrient
with Firestone relative to improvements related to the development, and
WHEREAS, this standard agreement has been triodified by the pat -ties as indicated by tile
addition of'certain special provisions, if arry, in Section IX
NOW, THEREFORE, in c(insideration of the tbregoing, the pat -ties hereto promise,
covemarit and agree as tbilrows:
I. TOWN ADAHNISTRATIVL OFFICIAL
For the purposes of this Agreement, "Town Administrative Off-telal" sliall be defiried as theToxvil
Manaoer or his or tier designee.
IL DEVELOPNIENT OBLIGATIONANID COORDINATION
Owner shall, be responsible for pertbrinance ofthe covenants set forth herein. Unless specifically
provided in this Agreement to the contrary, all submittals to Firestone and acceptances required of
Firestone in connection with this Agreement shall be submitted to, or rendered by, the Town
Administrative Official, who shall have general responsibility ft.ir coordinating development with
__- PUBLIC___USE _--DEDICATION
___~
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 ffirnish at
the time of conveyance, at its own expense. ail ALTA title policy for all interest(s) so COTIVCyed,
sut1ject 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 tire
Town, but sulliect to all casements, rights -of -way, reservations, restrictions or other title burdens
of record.
V. PUBLIC AND CO -MINION FACILITIES IMPROVLMENTS
Owner agrees to design, construct and install according to Town accepted plans, all public
ituprovenients and common facilities specifically regulated necessary for the Development
including, but not lintited to, street, alley, curb, gatitter, sidewalks, landscaping, irrigation, fencing,
street lights, water, waste water, storil'i sewer and drainage improvements, trails and park,
improvements of and off of the Development (hereinafter, "Public Improvements" and "Corrin-ron
1-acilities") and as described in "Exhib ' it 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 Agreernent, and any other
improvements constructed in relation to the I)evelopment, in accordance with plans and
specifications accepted in writing by Firestone, and in full conformity with Firestone's
current Design Standards and Construction Specifications firr 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 tire Development, including but not limited to,
street, alleys, curb, gutter, sidewalks, landscaping, irrigation, fencing,street lights, signage.,
water, waste water, stoma sewer and drainage hoproventents, traits and park irnprovenlents,
Said engineering and consulting services shall conforin to the standards and criteria for
Public improvements as established and accepted by Firestone, These services shall be
perfi:)rrned by or under the supervision of as Registered Protessional Engineer and/or
Registered and 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 senlices dectned necessary by Firestone.
C. Plait Submission and Acceptance
Owner shall furnish to the Town Administrative Official tile 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 rejcction shall be based upon the standards and criteria for Public
hill:)rovernents as established by Firestone, and Firestone shall notify Owner of all
deficiencies which must be corr cted prior to acceptance. All deficiencies shall be
corrected and said plans shall be resubmitted to and accepted by Firestone prior to
2020 09-23Town DRAFT 2
construction. All acceptances required hereunder from Firestone shall be made by tire
Town Arintinistrative Official,
W 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 cuffent Standards and Specifications and other pertinent
requirernents, Firestone will issue Owner tile PIP. Owner shall reilliburse 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 theTown before any work on the Improvements is commenced.
F. Testing and Inspection
Testing and inspection of the construction and materials shall be in accordance with
Firestone's current Standards and Specifications. In addition, Owner shall employ, at its
own expense, a licensed and registered testing company, to perform al I testing of materials
or construction that may, be required by Firestone. Owner shall furnish copies of test results
to tire Town Administrative Official on a timely basis for review and acceptance prior to
cornmencernent or continuation of that particular p1rase of construction. At all times during
said construction, Firestone shall have access to inspect the materials and workmanship of
said construction and all materials and work not confortning to the accepted plans and
specifications shall be repaired or removed and replaced at Ownel`s expense so as to
conform to the accepted plans and specifications.
All work shown on tire accepted plans requires inspection by tile Engineering Division.
Except Town of Firestone holidays, inspection services are provided Monday through
Friday, from 8:00 a.m. to 4:00 p.m. During the hours listed above, inspections shall be
scheduled a rninintum of 24 hours in advance with the Engineering Division. Requests for
inspection set -vices beyond the flours listed above shall be submitted a nrininium of
hours in advance in writing to the 'Fown Engineer for acceptance. Owner shall re irnburse
the Town for all direct costs of the after-hours inspection semices. If the request is denied,
the work shall not pros ced before or after the hours listed above.
Corrinion Facilities shall have inspections performed by a Professional consulting service
acceptable to Firestone. At all tinies Firestone shall have access to inspect the materials
and workmanship ofthe Common Facilities if deerned necessary by Firestone. Inspection
services for landscaping will also include the selection and tagging of plant materials prior
to delivery to the site. I andscape and irrigation inspection services shall conform to tire
I"irestone's current Standards and Specifications or Nveloptuent Code.
2020 09-23"Fown DRAFT 3
G. Rights -of -way, Easements and Permits
Prior to commencement ot'construction of Public Improvements that require additional
rights -of -way to be acquired. Owner shall acquire at its own expense and convey to
Firestone, all necessary land, rights -of -way and easernents required by Firestone for the
construction of the proposed improvements related to the Development, Owner is only
obligated to acquire that portion of larid, rights -of -way and casements necessaty for the
COuStRiCtiOn of Public Improvements, roads and utilities required by this Agreement.
All such conveyances shall be free and clear offiens, to and encumbrances and shall be
by Special Warranty Deed or easement in as form and substance acceptable to Firestone.
All title docurnents shall be recorded by Firestone at Owner s expense. Owner shall also
furnish, at its own expense. an A title insurance policy fior all interest(s) so conveyed,
subject to acceptance by Firestone.
Owner shall be responsible fear obtaining the following to tile extent applicable:
I , All perntits as required by the United States Coips of Engineers,
I Colorado Department of Ilealth and Environment (**CDPIJE') "General
Permit for Stminwater Discharges Associated vo-ith Construction Activity",
required during construction.
3. Town of Firestone "Stortirwater Quality Pe twit"' per Firestone's CUrrelit
Standards and Specifications.
4, An- Quality Peritrit.
H. Street Improvements
Owner shall furnish arid install, at its own expense, the street improvements iti conformance
with the drawings, plans and specifications accepted by Firestone and in accordance with
the PIP,
1. Sidewalk Improvements
Owner shall fitirnish and install, at its own expense, all sidewalk improvements in
c(:mformance will) the drawings, plans and specifications accepted by Firestone.
J. Street Signs, Traffic Signs, and Striping
Owner will furnish and install at Owners expense strect name signs, striping, stop signs,
speed kraut and other signs on all streets, in accordance with the Manual of Unifortn"Fraffic
Control Devices, ast'rorn tune to time amended, and other applicable legal requirements,
K. Street Lights
Owner stiall furnish complete plans fta- street lighting to be reviewed and accepted by
Ica irestonc.1"he total cost of street light installation shall be Owner's obligation. Owner shall
cause, at its o,�vn expense, United Power to install all required street iighting Pursuant to
2020 09-23 Town DRAU"T 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. 'riie type of street lights shall be accepted by Firestone. Street
lights shall be operational before tire streets are open to the public. Owner shall be
responsible for payment of all utility billing J'or street lights prior to Final Acceptance.
L. Water Improvements
Owner shall furnish and install all water juains, lines, and appurtenances in contbrritatice
with the drawings, plans and specifications accepted by Firestone.
M. X'Vastewater Improvements
Owner shall forrush and install all sewer lines and appurtenances in conformance with the
drawings, plans and specifications approved by the St. Vrain Saturation District,
N. Drainage Improvements
1, Drainage improvements for the Development shall be constructed by
Owner in accordance with drawings, plans and specifications accepted by
Firestone. Unless otherwise approved by'fown, over lot grading shall not
be initiated by Owner until Firestone approves drainage improvement plans
by the issuance of the PIP, Owner shall provide tentporary erosion control
during and after river lot grading until the site is stabilized.
1 Drainage improvements for the Development shall be constructed by the
Owner in accordar)CC with accepted construction plans.
3Owtier shall be responsible for obtaining a CDPIIE -General Pernot for
Stormwater Discharges Associated with Construction Activity" required
during construction. A copy of this pernut shall be submitted to Firestone,
4Owner agrees that all construction shall be in conformance with any and all
National Pollutant Discharge Elimination Systems (NPI)ES) standards
including compliance with and applicable NPDES and CDPHE permits
issued to the Owner, applicable to the Development. The 0�vner further
agrees diat in the event there is any violation of such standards or pernrits
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 irnposed; such
circumstance will constitute a default under the terms of this Agreement.
Failure of the, Owner to cure the default by reimbursement to the Town,
upon notice to cure as required by Section X.0 herein, shall result in a
default of this Agreement.
& All drainage improvements not located on Town owned property shall be
_2020_- __ Town DRAFT 5
maintained by the Owner, 110 Narne , If (140V), I Metro District Narne1,
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, (train pans, and inlet and outlet structures,
7, Owner shall include the Obligated Entity in the final inspection procedures
t"or the drainage improvements and shall provide Firestone with the
Obligated Entity's written acceptance ofthe maintenance responsibility lot -
the drainage improvements prior to Final Acceptance.
0. Landscape Improvements
For public lands, coninion facilities, and rights -of -way, Owner shall furnish Firestone
cornplete final landscape and irrigation plans for each phase and obtain acceptance by
Fir stone prior to commencement of construction,.. Owner shall construct landscape
nupixwernents as required in the landscape plan befbre the constructed improvements are
accepted by Firestone. Landscape plans need not be provided for private landscaping on
single-family residential lots. For all development and Common Facilities other than
single-fitt'nily detached development, Owner shall flurnish 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 1'(.)r coordination of and payment for installation ofori-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 abovcground appurtenances (tricters, transforniers, etc.) shall be
carefully located with maximurn 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
ofthe screening requirements shall be reviewed with the Landscape Plans and as arnended
once utilities are installed.
Q. Underdrains
The Owner may choose to install foundation anderdrains and ai> site wide underdrain
collection system under the sanitary sewer system. The Town grants the use of Town
o%.vned right-of-way for these facilities but the Town assurrics no maintenance
responsibility for the flacilities, These underdrain systenis 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 'rown accepted construction plans. This system shall
be maintained by the Town,
2020 09-23Town DRAFT 6
R. Maintenance Definition
Maintenance is the process of preserving capital iniprovernents, structures, development,
or systerlis to meet its function or original intent of the it it °. This tile reservation,
conservation, keeping ill aood conditions, operating safely, operating efficiently, testing
inspection servicing, repairing, grading, , cleaning, picking up trash and debris, pest control,
painting, rrrowin , pruning, and Prolonging of these facilities, Maintenance also includes
the provision eaf financial support to maintain the facilities, Facilities include but are not
limited to landscaping, open areas, grass, shrubs, trees. playgrounds., site furniture and
fixtures, rctairrin , walls, signs, sidewalks, drainage structures such as ponds, svvales, drain
pans, inlets, and outlet structures:,
Maintenance ne y° involve many different mummer and types of companies, set -vices.,
individuals to look after tlae tneility and the ability to coordinate these efforts. Maintenance
includes both routinely scheduled activities, as well as non -routine repairs that may be
r aainterraancc plan should be prepared any sarlrrrritted as pat of" tile development
review/approval process and be provided to they Obligated Entity responsible for
maintenance activities.
A. Initial Acceptance
No later than ten t 10 clays after public ;% Improvements aandior onrnion Ib"acilitres area
substantially complete, Owner shall request cif the ' `own Administrative Official curl all
inspection by Firestone. It"Owner does not request this inspection within ten f 1 ell days s of
completion of"the public Improvements and./or Common Facilities, Firestone may conduct
the inspection without the approval of Owner. Owner shall provide Firestone with
complete "as-bU lt" drawings in ar tbriti as defined in Firestone"s current Standanis and
Specifications, If Owner has not completed appropriate Public Improvemr cents and/or
Conittion Facilities as provided for in this Agreement.- Firestone rrtay exercise its right to
secure performance as provided in Section X.0 oftlris Agreement, If*Public Improvement
and./or Conic ion Facilities completed by Ov.,ner are saatisf tctc°ar"y,, the `l"own Administrative
Official shall grant '*Initial Acceptance," which shall be sub cct to � F'i vaa Acceptance" as
set herein If Public Improvements nt< and/or Common 1"ac ilities are not sa isf ctc ry
the ' 'own Administrative Official shall provide vv i-itt n notice to Owner of the repairs,
replacements, construction or other work required to receive Initial Acceptance. Owner
shall complete all needed repairs, replacements construction or other work, within thirty
t ffl clays of said notice, weather permitting. After Owner completes the repairs,
replaceraaeµnts, construction or other work required, Owner shall request of the "boon
Aclministraativc: Official a re.. -inspection of such work to deterninic it'hutiaal Acceptance can
be granted, and Firestone shall provide written notice to Owner of the acceptability or
unacceptability of`such work priori to proceeding to complete any such work at Owner's
expense. If Owner does not complete the repairs, replacements, or other work required
within thirty l tf clays of said notice, Firestone may exercise its rights to secure
performance as provided in Section r .C, ofthis rcerrrcrrt, F'irµcstcrrrc rescrvcs the right
to schedule edule rc-inspections. No "Certificate of t fc upan y"will be issued by Firestone prior
to Initial Acceptance without written approval from tlrc 'row Administrative Official.
Additionally, for Conirrion Facilities, the Owner shall include the Obligated Entity in the
final inspection procedures and provide Firestone with written acceptance oil' tire Common
Facilities for maintenance frt rr this final Obligated ated :rt it =,
B. Maintenance (if Improvements
I Warranty
:f-wner shall provide Firestone with as warranty starting ro, III the dame of
Initial Acceptance until the (late of Final Acceptance. This warranty peri rcl
shall be for a minimum of two (2) years or until eighty percent (80 of°tile
building perrrrits have been issued for the phase, whichever occurs later, o
all Public Improvements and shall provide a two t year Warranty to the
Obligated Entity fear the Common on 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 ents which, in tile reasonable opinion of `
Firestone, shall become ncccssary, except that Firestone shall be
responsible for snow removal cart public streets. If within thirty t 3 t 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 ancc as provided in Section X.Cof
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 "f own' actual casts. The owner shall reirrrlrtrrsc
the `Fawn within sixty (60) (lays after receipt ofwritten noti l cat iaarr or repair
and supporting documentation from the "born Administrative Official. No
acceptances shall be issued Until Owner has made full payment for said
repairs.
C. Final Acceptance
At least thirty (0) slays before the Warranty period elapses from the issuance of Initial
Acceptance, or as sorry thereafter as weather permits, Owner r haall request a .l°inal,
Acceptance inspection in writing. The request shall be rrra e to the Town Administrative
Official. The 'l`cswn Administrative Official shall inslrcct the public Improvements an
shall racrtif ° f wrtcr in writing of all deficiencies and necessary repairs. After Owner has
corrected all deficiencies and made all necessary repairs identified in said written m,'rtice,
theTown Administrative Official cial shall issue to Owner a letter of Firftal Acceptance, ptaance, as soon
as reasonably possible thereafter. if Owner does riot correct all deficiencies all(] make
repairs identified in said inspection to Firestone's satisfaction within thirty tft days after
receipt of said notice, weather penuittingy, Firestone may exercise its rights to secure
perforniance as is provided in Section X.0 ofthis Agreement, If any mechanic's liens have
been filed with respect to the public finpr(.,)vernents, Firestone may retain all or a portion
of the Improvement Guarantee up to the aniount of such liens. IfOwner fails to have public
Improvements finally accepted within two (2) years of the date of the issuance of Initial
Acceptance or any Public Improvements ar-e found not to contbrin to this Agreement,, and
Firestone's CLUTent Standards and Specifications, the the Owner shall Inc in default of the
Agreement and Firestone nray exercise its rights under Section X.Cof this Agreement,
D. Reimbursement to Firestone
In the event it becomes necessary for Firestone to cottiplete the Public Improvements
and/or Conirrion Facility improvements due to the failure of 0wner to complete said Public
Improvements and/or Common Facility improvements, Firestone may complete
construction, repairs, replacements, or other work- with funds other than the Improvement
Guarantee, in which event Owner shall reimburse Firestone within sixty (60) days after
receipt of written demand and supporting documentation front the Town Administrative
Official. If Owner fails to so reimburse Firestone, then Owner shall be in default of this
Agreement and Firestone may exercise its rights under Section X.0 of this Agreement.
NJ. IMPROVEMENTGUARANTEE
A. Public Improvement and Common Facilities Schedule
Owner has submitted the certified Public Improvement and Common Facilities Schedule
shown as '*Exhibit B" attached hereto and incorporated herein by reference. Said exhibit
generally identifies those Public Improvements to be furnished, installed or constructed
relative to the Development. Ornission of any improvement frorn "Exhibit B does not
relieve Owner from responsibifiry f(-,)r fUrnishing, installing or constructing such
improvement. The wtier shall list all Common Facilities separately and subtotal
separately on "Exhibit B."
B. Improvement Guarantee
Owner shall submit to the Town Administrative Official an Improvement Guarantee for all
Public Improvements for the Final Plat prior to recordation of this agreement. Said
guarantee may be in cash or- a letter of credit in fomi and SUbstance.
l Said Improvement Guarantee shall include, but riot be limited to, street,
curt), gutter, sidewalks, landscaping, fencing, street lights, water, sewer,
storm sewer and drainage iniprovertients, traits and park its on
or off the Development,
2. The total arriount of tire guarantee for the Development shall be calculated
as a percentage of the total estimated cost including labor and materials of
all Public Improvements to be constructed in the Development as described
on **Exhibit B," The total minimum amounts are as follows;
2020 09-23 Town DRAFT 9
a) Prior to commencement of construction of Public Improvements and
Common Facilities improvements: 11 5%i, of the arnount(s) shown on
"Exhillit B,"
b) Upon Initial Acceptance of the Public Improvements in each phase
through Final Acceptance: 25% of tile arnount(s) shown on -1,Mlibit
W' The guarantees may be reduced on a Phased basis as shown on
"Exhibit D.-
C) Upon Initial Acceptance of Conimon Facilities: 0%
d) After Final Acceptance of Public Improvements: 0%. The
guarantees nlay be released on a phased basis as shown on -Exhibit
W1
3, In addition to any other remedies it may have, Firestone may, at any firne
prior to Final Acceptance, draw on any letter of'credit or Improvement
Guarantee received pursuant to this Agreenient.
it the event that, a) the Owner fails to extend or replace the letter of credit
at least sixty (60) days prior to expiration of such letter of credit, b) the letter
of cr dit is set to expire, c) Firestone receives notice that the letter of credit
will not be renewed, d) tile entity Issuing the letter of credit beconles non -
qualifying, or e) the letter of credit, in the sole detertni nation of I"irestone,
is at risk of being lost as a guarantee, then, in any of these events, the Owner
shall be in default of this Agreement and Firestone may unniediately draw
on the letter of credit t"or the fall amount of tile letter of credit. In such event
as identified herein, no notice or prior notice shall be required prior to
drawing on the letter of credit.
The *rown may hold the funds obtained fi-orn the letter of credit until the
public improvements and Common Iacilities 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 titne period set forth in this Agreernent or in the nnuttler as
required by this Agreement, the Town array,, at its sole discretion, LlSe any or
all of the funds to complete some or all of the Public Improvernents and
Common Facilities. In any event, the Town shall have no obligation to
complete any or all of the Public improvements and Common Facilities.
Owner is further subject to tile provisions of Section X.0 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 to
Facilities and construction is reasonably determined by Firestone to be
greater than the amount of die 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 falls to provide Firestone with a substituted
qualifying Iniprovernent 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, arid is subject to the provisions of
Section VC 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.
4If Firestone draws on the letter of credit to correct deficiencies or complete
Public linprovenictus and Common Facilities, any portion of said guarantee
not utilized in correcting the deficiencies and/or completing improvements
shall be returned to Owner within thirty (30) days after Final Acceptance of
said Public Improvements and Common Facilities.
5. Building Permit Restrictions
Owner agrees that the execution of this Agreement, tile Town's approval of
construction plans, or the 'rown's issuance of any type of permit for
construction of the Public firiprovernents does not in any vvay, constitute all
approval of building permit allocations or building permits,
a) Owner expressly understands and acknowledges that the expenditure
of funds for the construction and installation of any public
Improvements prior to approval of building permit allocations or
building perrints is exclusively at the Owner's risk. The Town
reserves the right, in exercise of its police power, to choose not to
grant building permits, or otherwise restrict or condition the granting
of building pernrits for the Development based on current or future
resolutions or ordinances of the Town. Unless specifically restricted
or conditioned by current or future resolutions or ordinances of the
Town, building permits may be granted once all public
Improvements for the development or within cacti Phase of the
developirrent are operational as solely detentlined by the'fown.
b) Upon written request of the Owner, at the sole discretion oftheTown,
the Owner may begin construction of the public Improvements
without furnishing an Improvement (marantee, as provided in this
Agrectrient, upon tile tollowing conditions-
r, ',file Owner has not transferred title to any portion of the
2020 09-23 Town DRAFT I I
Development,
ii, The Owner shall be required to obtain Initial Acceptance
of all PUblic Improvements for the developritent or
within each Phase (if the development prior to the
i,s,suancc off building pert -nit.
iii. After the 0\vner begins construction of' the Public
I in prove, merit s, it' the public Irnprovernents rernain
unfinished fora period of one (I ) year front the date this
Agreement becornes effective, the "Fown shall require an
Iniprovernent Guarantee in accordance with this
Agreement in lieu of the building pernrit restrictiou
required by this Subsection. The Owner will have fifteen
(1-5) days to provide the Town such an Improvement
Guarantee, or the 'Frown may issue a stop work order to
remain in effect until the Improvement Guarantee is
provided to the rown, The Town Administrative
Official, at their sote discretion, tyray grant a single
extension of up to one (1) additional year.
iv. The Owner shall not transfer title to any portion of the
Development prior to Initial Acceptance being granted
by the Town or upon providing the Town an
Improvement (Juarantee in accordance with this
Aga ement.
c) Upon the Town's Initial Acceptance of the Public Improvements,
which shall include receipt ofthe Improvement Guarantee as outlined
in Section VLB, this building permit restriction shall Inc removed,
V11. OVERSIZING AND REIMBURSEMENT
Firestone may require Owner to build utility lines and other infrastructure large enough t(-,) selA,,,e
property other than Owner`s (over sizing), Firestone may al ca require Owner tea construct 01,
participate in the Construction of'certain off -site Public Improvements. Certainsuch improvements
qualify for reimbursement pursuant to the policies of Firestone.
AReimbursement due to Owner for Quali'ying Public Improvements
Constructed by Owner
Owner is entitled to reirnbursernent fi)r the oversize part of utilities and other infrastructure
and/or a pro-rara portion of the cost of off -site Public improvements. At tire 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 herent fly this rcfi�rencc, Nothing contained in this Agreement shall operate
to create an obligation on the part of Firestone to pay or reirnburse any costs to Owner in
the event such costs are not recovercd by Firestone as contemplated herein, for any I -Cason,
fron't the pr(,)perties or property owners that use the utilities or Public Improvements, so
2020 09-23 Town DRAl"T 12
long as Firestone has made a good faith effort to recover such costs.
B. Reimbursement due from Owner for Qualif4ying 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 CONS"FRUCTION STANDARI)S
A. Trash, Debris, Mud
Owner agrees that during construction of Development and improvements described
herein, Owner will take appropriate steps necessary tier control trash, debris and wind or
water erosion in the Development. Iffirestone determines that said trash, debris or wind
or water erosion causes substantial darnage or injury or creates a nuisance, Owner agrees
to abate said nuisance in accordance with Town Ordinances but no later than twenty-four
(24) hours after notification of said nuisance. If Owner does not abate said nuisance,
Firestone may abate the nuisance and/or correct any drainage or injury without notice to
Owner, at Owner's expense. Owner also agrees to take any and all reasonable steps
necessary to prevent the transiler of itiod, or debris from the construction site onto public
rights -of -way and to ininiediately remove such mud and debris front public rights -of -way
after tiotification byFii-estone, If Owner does not abate, or if an emergency exists as solely
determined by the Town, Firestone may of at Owners expense. Owner is further subject
to the provisions of Section X.0 of this Agreement, as well as the suspension of
development activities by Firestone including, but not limited to, the withholding of
building permits and certificates of occupancy.
B. Operation of Construction Equipment
The operation of construction equipment outside an enclosed structure shall be prohibited
on weekdays between the hours of 7:00 p.m. and 7:00 a,ni, With the prior written approval
of the Town Administrative Official, the operation of such equipment outside art enclosed
structure may be permitted on weekend days and legal holidays between the hours of 8:00
a.m. and 4:00 p.m. The Town Administrative Official may alter the hours of operation for
good cause. All constmetion activities shall operate in accordance with all Town codes,
ordinances, and policies in regards to sound and noise. Failure to comply with this
provision rnay 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 pennits and certificates of occupancy,
IX. SPECIAL PROVISIONS
A. Transportation
I Describe major on/off site transportation impt-crvernents
B. Phasing Map ("Lxhibit D")
2020 09-23 Town DRAFT 13
The Development shall be constructed as outlined in **Exhibit D", All Public
Improvements within each phase shall be installed and operational as solely
deternimed by the Town prior to the Town issuing building permits. Each Pliase
shall have two points of access., a looped water system, and shall have tile
appropriate sanitary sewer substantially completed and operational, as determined
by the Town, priorto the issuance of any building Penult tlorthat Phase. No building
pentuts may be issued within any subsequent phase until Public Improvements in
the previous phase are installed and operational as solely determined by the 'rown,
C. Dedication of Open Space
Owner shall pay afee in lieu of open space land dedication for f#j acres of open
space. T he t'ce in lieu payment is out] i tied in "Exhibit C,
1). Installation of Parks, Landscaping and 'Fruits
Owner shall design and construct ,'Park, Landscape, Trail Improvements k on Tracts
as shown on the accepted construction plans, Owner shall purchase a water tap
and pay necessary raw water dedication fees fear Tracts f_j.
J; Maintenance of Parks, Trails, Open Space and Landscaping
Tracts �_t shall be maintained by tire Obligated Entity.
F. Maintenance of Vacant Lots
Owner sliall be responsible for maintenance, including weed control, on all lots
until such time the lots are sold to a horneowner.
G. Fencing and Screening
Fencing within the Development shall be installed in accordance with Title 16 of
the Code.
I. FItilities
Owner shall provide the Town with all necessary pernianent and temporary
drainage and utility easements prior to construction.
1. Water
IfEiescribe nrAmr on/off site water noprovennents,,1,
J. Disclosure Statements
I The Metropolitan District Disclosure statement indicating the existence of
aJ'itic 32 Metropolitan District (-L-_xjnL)Lt L-) shall be signed by the poiperty
owner purchasing a new horne frorn a homebuilder with execution of the
sales contract for the property.
1 The Oil and Gas Well Disclosure is evidenced by the recordation of the
existing Surfiace Use Agreements and various Letter Agreements with the
Oil and Gas coniparrics. A statement indicating the existence of such
2020 09-23 Town DRAFT 14
eft currents (,"Exhibit: G—) shall be: signed by the property owner with the
execution of"the sales contract for the property.
µ.
X. MISCELLANEOUSTERMS
A. Ground Water~ Dedication
do
As provided by Firestone ordinances, all tributary and not non -tributary, ground water rights
not already trans%f rre-d to firestone shall be dedicated to 1 °irestone at the tiore of` final flat
recordation. Transfer of'tire water ri hts shall be by Special Warranty teed tendered to
Firestone prior to signatures being affixed to this reer rrt.
B. Default
If Owner fails to firff ll the tenris and conditions of"this Agreement, Firestone, in its sole
discretion, may declare Owner in default and may call tiro security and draw on the letter-
of credit provided for in `section V1, and may further exercise all rerne ies available to
Firestone in laws and equity. Firestone may also,; withhold any additional building permits
certificates of occupancy, or provision of new utilities fixtures or services until tiae
completion of the public lrra rovernents and Common Facilitiesand/or the default has been
cured by, Owner, Any costs incurred by Firestone, including, but not lirrait d to, reasonable
adrt inistrative class and reasonable attorraey's fees, in pursuit of any remedies dire to the;
breach by Owner shall be paid by Owner. Firestone may deduct: these costs front the
Improvement Guarantee. Firestone shall have the right to enforce theOwner's obligations
hereunder by an actuary for any equitable reraredy; including nt unction or specific
performance, mar ce, or an action to recover darraar es. No ren edy or election hereunder shall be
deemed exclusive but ;hall, whenever possible be cumulative with all rather remedies at
law or in equity.
If Owner fails to tolfill the terms and conditions of S ctlon Vl of this Agreement, or any
other monetary, security or surety default, Firestone, in its; sole discretion, may declare
Owner in default and tuaay° immediately call the security clue and draw on the letter of credit
provided for in Section Vl without notice to Owner, and may further exercise all rernedie
available to Firestone in law and equity and as provided fior herein
C. Insurance and Safety
Owner shall, through contract requirements and other nornrrrl means, u arrant e and furnish
to 1-1restone proof f thereat` that all employees and contractors engaged in the construction
of improvements are covered by. adequate Workman's Compensation ation Insurance and Public
Liability Insurance, and shall require the faithful compliance with all Provisions of tire:
1'ederal Occupational ESaf`sty and I l alth Act (OSHA).
D. Indemnification and Release e of Liability
Owner agrees to indemnify and hold harmless Firestone, its officers, employees, y¢ees, 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 front, or on account of acts or omissions; by t;lwner,
its officers, employees, agents, consultants, contractors, and subcontractors, aanrf/cat° suit,
2020 09-23 Town DRAFT
1
action, or clairn resulting front mineral right disputes and/or Owner's failure to abide by
tire terms of this Agreement, and to pay to Firestone 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. Owner's obligation
herein shall not apply to the extent said suit, action or clairn results front any, acts or
ornission s of officers, employees, agents, or servants of Firestone or conformance with
requirements imposed by Firestone, said obligation of Owner shall be linuted 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 developinent of tile Development is done in furtherance of the general public's health,
safety and welfare and that no ittarrunity is waived and no specific relationship with or duty
of care to, Owner or third parties is assigned by such review acceptance.
L. Recording Agreentent
Fircstone shall record this Agreement at Owner's expense in the office of the Clerk and
Recorder, County of Weld, State of Colorado, and 1"firestone shall retain the recorded
Agreement.
V. Binding Effect of Agreement
'Fins Agreement shall be binding upon and inure to the benefit of the parties, then -
successors in interest, or their legal representatives, including all developers, purchasers
and subsequent owners of any lots or parcels within the Property, and shall constitute
covenants running with the land. Owner shall not be released front its obligations
hereunder until written notice to the Town Adninustrative Official of the assignment of
said obligations to as 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 X.11 has been granted. This Agreenrent shall be recorded with
the County Clerk & Recorder of Weld County, Colorado, at Owner's expense. Sub�jcct to
the conditions precedent herein, this Agreernent may be enforced in any court of competent
jurisdiction,
G. Assignmeat, Delegatlint and Notice
Owner shall provide to tile Town Administrative Official, for consent, written notice of. V)
any proposed transfer of title to all or any portion of the Development, 2) arrangements for
delegation or transfer of the Improvernent obligations hereunder to any successor, and 3)
successor's written acceptance of such Improvement obligations. Notwithstanding the
forgoing' Owner may sell developed lots or all of tile 1-nulti-falluly 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
Oft.-icial 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 mav 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 assignmerit or• that the benefit of Firestone's bargain under this Agreernent may be
materially and adversely impaired by ,,such assignment.
2020 09-23Town DRAFT 16
H. Modification and Waiver
No rtacrdi ication of the ter nis of this Agreement ctrt shall be valid unless in writing and
executed with the same formality as this Agreement, and no waiver of the breach of the
provisions of any sections of this Agreement shall be construed as a waiver of any
subsequent breach of the sarne section or any; other sections which are contained herein
l: Addresses for Notice
Ally notice or communication required or permitted thereunder shall be given in writing
and shall be personally delivered, or sent by United States road, postage, prepaid, registered
or cer.iticd mail, return receipt requested. addressed as follows:
Firestone: Owner -
Town offirestone f wncr laarne
f°own Manager 11t nwer's Contact Name & Title
P, , Box 100 110wrter%' Addressl
Firestone, CO 80520 Jf wncr's City, State Zip odc
Williamson and llayashi; LLC lOn rer's Attorneys Firrttl
1650 8'�' tr»cct, Suite 103 tFirtn's Address),
Boulder, CO 80301 ,"Firtn's City, State ,dip Code`(
With a copy: to such other address or the attention of such other per°scuffs) as hereafter-
designated in writing , the applicable parties in conformance with this procedure. Notices
shall be effective upon rraailing or personal delivery in compliance with this paragraph.
Force atajeure
Whenever Owner is required to complete construction, maintenance, repair, or replacement
cafintprovenients by an agreed upon deadline, Firestone shall grant a reasonable extension
of time if the performance cannot, as as practical matter, be completed in a timely manner
due to Acts of Gerd or other circtarrrstanccs constituting farce ma enrc or beyond the:
reasonable control of Owner.
K. Approvals
Whenever approval or acceptance of'a matter is required or r°cgUeSt d of Firestone pursuant
to any provisions of the Agreement, firestone stall act reasonably in responding to such,
rtraatsr,
L. Previous Agrt-Trnents
All, previous written agrcenie ats between the pat -ties, their successors, and assigns,
including, not limited to, any Annexation, Pre -Annexation Agreement, or Development
Agreement shall remain in full farce and effect and shall control this Development. pent. If any
prior agreements conflict with this Agreement, then this Agreement controls.
M. Title and Authority
Owner var}rants to Firestone that it is they record owner tear the property within the
Development. nt. `her undersigned further warrant having full power and atrtl achy to enter
into this Areenre nt:
N. Severability
If any prat, section, subsection, sentence clause or phrase of this Agreement is t"ear 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
Aoreetaent including cacti Bart, section, subsection, sentence., clause or phrase thereof'
irrespective of the fact that one or more pails, sections, subsections, sentence, clauses or
phrases be declared invalid.
0. Legal Fees; Venue
In the event that cither party finds it necessary to retain an attorney in connection with a
default by die other as to any of the provisions contained to this a r°cement, the defaulting
party shall pray the other's reasonable le attorney'attorney's fees and casts incurred rred in enforcing the
provisions of this Agreement. For the resolution of any dispute ute arising hereunder, venue
shall be in the Courts of the County of Weld, State of Colorado.
o.
P. Agreement Status After Final Acceptance
Upon Final Acceptance by Firestone of all improvements and compliance by Owner with
all teens and conditions of this Agreement, and provided d that no litigation or rlra n i
pending relating to this Agreement, this Agreement, with the exception of ally maintenance
and reimbUrsentent obligations, shall terminate and no longer be in effect.
Q. Enforceability
This Agreement is made only between the Owner and Firestone, or their• successors and
assigns, and is not iratcttclecl to benefit, and inay not lc<crrfcarµcl by, any third parties,
SIGNATURES ON FOLLOWING PAGE
IN WITNESS WIII* EO , the parties have executed this Agreement as of thedate first scat fiorth
above.
TOWN OF F1R11,'S-l`0NE, COLORADO
By- ..
T11-ST a
Jessica Koenig,Town Clerk
2020 09-2 Town C. RA FT 19
r". ;1
t wrier am
� N=
Title,- Jjitlek
ACKNOWLEDGMENT
STATE OF
COUNTY OF �.
Theforegoing instrument was acknowledged before me this....w..wday of
20 ,lay i ar elf, as J, itl �c of OwnerName.,
Witness my hand and official seal.
My commission expires:
(SEAL)
Notary Public
02 it - 'Fown DRAF l` 20
EX111BITS LIST
EXIIIBITA--,t'FINA,L,.Pl,,AI-NAML� FINAIA-)LAT
EXHIBITB - PUBLIC IMPROVEMENT SCA IEDULE
EXHIBITC- PUBLIC IMPROVEMENT REIMBURSEMEN. SCHEDU1.11"
EXHIBIT D - PHASING PLAN
EXI 11131T, LANDSCAPE NIAINTENANCI,', IMAP
EX111BITF -- METROPOLITAN DISTRICT DISCLOSURE
EXHIBIT G-- OIL & (.3AS DISCLOSURE,'
2020 0(,)-23'1'oun DRAFT 21
XHIBI t
Final FlatName" final Plat
Public linprovenient Schedule
2020 09-23 Town DRAFT 23
PUblic drttprovement Reimbursement and Fee In Licu Schedule
Reimbursements due Owner
,:
Reimbursements due Firestone
f
d:
Fee In Lieu due Firestone-
2020 09-23'rown DRAFT 25
- T vt
Metropolitan District Disclosure
The undersigned, being tire purchasers identified in that certain
("Purchase Contract") dated 20,--,--, between
a as seller, and the
undersigned, as purchaser, with respect to Block Lot
Town of Firestone, County of Weld, State of Colorado (the '-Lot-) do hereby acknowledge and
agree as IbIlows, which acknowledgments and agreentents are given in cons iderat i on of an as a
condition to Seller's agreement to sell to the undersigned the Lot and the horns to be constructed
thercow
Purchaser 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 front annual ad valorem property tax levies imposed on all of the taxable real
and personal property within tire District. 'hey Purchaser has been advised and hereby
acknowledges that it has been advised thatfinancing plans of the District are available and detail
the proposed or existing ad valorem property to mill levies of the District servicing such
indebtedness,, and the potential for an increase in such grill levies,
Purchaser acknowledges that the additional ad valoreto property tax mill levies imposed
by the District are in addition to other ad valorem taxes it tposed by other taxing entities against
said Lot,
The following examples compare the tax impacts between a property within tire boundaries
of District levying an annual ad valorem property tax mill levy ot'50 mills, and a property not
within the boundaries of a District. This example is based on a single-fatruly residence on a
properly with an Actual Value (as detenthned by OIC COLInty Assessor) cif" S3ilia 000,
2020 09-23 Town DRAFT 27
PROPERTY WIT"OUT DISTRICT
A AUT111 ITY MILL LEAFY
TAX AMOUNT
UN rY 25
597,00
5}9fJ4t9itl114,614I
... _. �.a .., ,
OWN
.N� ...� ..,
RA.2
26
LIBRARY m_...�m.�.
wn:
TOTAL ( C2
2555,t
IN WITNESS ;LESS rHE'RE'OF, the undersigned d has/hahas/have executed this Metropolitan District
l rsclos r: this day t
I'rrrclrsett
STATEPurchaser
OF . OL l Al,:tt
COUNTY OF
The fibregoing instrument ent was acknowledged l l efbre file this ...:,.
rah' of ....�.re..m.rew..�.....�p:re._...�:*..
0_, by „.
WITNESS my hand and official seat.
My corrar arsr;rrara expires-. ,.—
Notary Public
I AA I E OF" CLORA O I
Ss.
COUNTY OF
The foregoing trr instrument was acknowledecl bel'or* ,rase this�._day
of
,_.�,a.....a_�,._..�...
0I
WITNESS niy hand and official seat.
My commission
Notary Public
I -A I 11 B IT G
OIL AND ("iAS DISCLOSURE
The undersigned, being the purchaser(s) identified its that, certain
("PurchaC se ontract") dared 20,--. ii - vet7n
as as seller, and the undersi g tied, as purchaser, with respect to
Block Lot Final Plat Narne ,, Town of Firestone, County of Weld, State ofCobrad o
(the ".Lot") do hereby acknowledge and are as follows, which acknowledgernents and
agreements are given in consideration of and as a condition ot'Seller's agreement to sell the
undersigned the Lot and the home to be constructed thereon:
The undersigned liereby acknowledges the current existence of oil and as wells and related
well facilities (and the possibility of additional fixture wells and facilities) located within the real
property encompassed by the f Final Plat Natuel SUbdivision plat(s) (-Plat"). The locations of the
current and Possible fixture oil and gas wells and related well facilities are identified on the JTinal
Plat Nanie I Final Plat, as amended front tinic to time. In addition to the foregoing, other oil and
Baas interests affecting the propetly may exist which may or may not be recorded in the real property
records. The oil and has ]cases and other interests generally pentrit certain surface activity on the
prearises 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 prerruses.
The undersigned acknowledge that neither they nor Seller will own any interest in the oil
and gas or mineral estate underlying the property cotirprising �Final Plat Gaunt . There nray be
ongoing oil and has operation and production of oil and gas within ,!,Final plant Natnek, including
in the vkitty of the Lots, as well as the existence of Pipeline easements an(] access r(.iutes across
portions of ff"inal Plat NarrielJ. Additional oil and gas wells may be drilled, and oil and ;as
operations and production \vill likely take place within tFinal Plat Narne,, including in the vicinity
of the Lots, which oil and gas Production will MY' et portions of the surface of the real Property
comprising 1,Ffnal Plat Narrie'i. Ileavy drilling equipment will be used in connection with the
operation and drilling of tail and gas well within If"inal Plat Narnetand in ct:)njuncrion with any
production obtained front successor wells, Such operations nlay be conducted on as 24 hourlseven
(lays a week basis. Owners of real property within ,, Final Plat Name will be bound by the tennis
and provisions of surface use agreements entered into between the surface owners or developer of
the land and certain od and gas owners arid/or operators. These surfiace use agreements contain
waivers, including a waiver of surface darnage Payments, a waiver ot'setback and waivers of other
requirements contained in the Rules and Regulations of the ' oC lorado Oil and Gas onservation
Co�va mmission, as ell as waiver of the right bowr of a y an neny Portion of the surface ofthe real
property within -,'Final Plat Narne) to object in any fibrurn to the rise by oil and gas companies of
a portion (if thesurface of the real Property within lFinal Plat Narnc,l.
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 DRAr-r 29
to the extent it owns or becomes the owner of real property in I Final Plat Narne', assume the risk
of owning property near or adjacent to an oil and gas well operation. SUCh risks include, without
limitation, injuqv or damage to person and/or property arising out of, or resulting from the drilling,
operation and maintenance of' an oil and gas well, noise associated with an, oil and gas well
operation; explosion and fire; leakage of oil and/or gas from drilling or production facilities;
vehicles servicing the oil and gas site,
IN WITNESS WHEREOF, the undersigned has/have executed this Oil and Gas Well
disclosure the _day of 201
Purchaser
rrrca7 'er
STATE OF COLORADO
SS,
COUNTY OF
The fbreginn g instrument was acknowledged before me this day of
Witness my hand and official seal.
My Commission expires
Notaty Public
S'FATE OF COLORADO
SS.
COUNTY OF
The foregoing instrument was acknowledged betbre me this _ day of
20_, by
Witness my hand and orlicial seal.
My Commission expires
Notary Public
2020 09-23'rwwrt DRAFT
m