HomeMy WebLinkAbout1015 Denmore Annexation to Town of Firestone & Approving Associated Annexation Agreement 07-13-20224849627 08/18/2022 04.40 PM
Total Pages- 18 Rec Fee- $98.00
Carly Koppes - Clerk and Recorder, Weld County, CO
"MIUMAjamomm
WHEREAS. the Board of Trustees previously adopted Resolution 22-70. finding substantial
compliance and initiating annexation Proceedings for the Derimore Annexation. as described therein and
, a, s described below- and
WHEREAS. the Board of Titistees previously adopted Resolution 22-711. setting forth findings
of fact and determinations regarding tile ellaibilitv of Derlinore annexation for annexatiow and
AVHEREAS. Demnofe. LLC. who submitted the petition relating to the Deamore Ail-nexati011.
and the Town wish to agree to certain terms, pertaiiiinz to the Delmore ailiiexatlon: and
WHEREAS. the Board of Trustees has determifled that it is Ili the best interests of the To%va of
Firestone to annex the property to be known as Denniore .Annexation (the '"Propert'y") to the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWIN OF FIRESTONE, COLORADO:
Section 1. The Board of Trustees iliakes and adopts the determinations and findings
contained In the recitals set forth above.
Sect oil 2. The Board of Trustees herebv Incorporates the findings of Resolution '11-70anal
Resolution 22_7�. the Board of Trustees ftirther finds, that The annexation of the Property is In compliance
with the Municipal Annexation Act of 1)65"and that it is Ili the best interests of the Toivn to annex the
Property to the Town.
Section The Property. as more particularly described III Exhibit A. attached hereto and
incorporated herelli, is hereby annexed to the ToAvii and made a part of the ToNvii. to be known as tile
Deilmore Arinexation, which annexation sliall become effective upon completion of the conditions
contained Ili C.R.S. 1-12-113. including. without limitation. all required filings for recording NvIth the
NVeld County Clerk and Recorder.
Section 4. The Annexation Agreement bet-weeil Derimore. LLC and the Town of Firestone
regarding the Deamore Annexation is approved M substantially` the same form as the copy attached
Ala or I I
hereto as Exhibit B. Upon the effective date of this Ordinance. the M, authorized to execute such
A2reelrieilt oil belialf of the Toxvii.
Section i. That Ili annexing III g the Property to the Tov,-n. the Town does not assume any
obligation regarding the construction of Nvater mains, sewer lines. gas mains. electrical Service lilies,
Z�
streets or aliv other sell -ice or litilitles In connection with the Property hereby annexed. except as illay
be provided by ordinances of the ToNvii.
INTROJ -ND ORDERED PUBUSHED BY
�-CLD, READ, ADOPTED. APPROVED, A
TITLE this -M M _C5 av of .2022.
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Page 2 of 18
TO OF FI ONE, COLORADO
Drew Alan Peterson, Mayor
T:
Koeiiig,49&C ToNn Clerk
APPRO D S
William P. Hayashi, Town Attorney
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Page 3 of 18
EXHIBIT A
(Legal Description)
A PARCEL OF LAND SITUATED IN SECTION 6 AND THE NORTHWEST QUARTER OF SECTION 5,
TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6th/ PRINCIPAL MERIDIAN; COUNTY OF WELD,
STATE OF COLORADO; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 6, FROM WHICH THE SOUTH
QUARTER CORNER OF SAID SECTION 6 BEARS NORTH 88°49'02" WEST, A DISTANCE OF 2,640.90
FEET, WITH ALL BEARINGS HEREIN RELATIVE THERETO;
THENCE NORTH 43058'58" WEST, A DISTANCE OF 42.55 FEET TO THE POINT OF BEGINNING,
BEING THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY OF FIRESTONE BOULEVARD
AND THE WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 15;
THENCE NORTH 88049'02" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY OF FIRESTONE
BOULEVARD, A DISTANCE OF 2,610.33 FEET;
THENCE NORTH 89"34'25" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY, A
DISTANCE OF 54.21 FEET;
THENCE NORTH 29040'23" EAST, A DISTANCE OF 1,409.64 FEET;
THENCE NORTH 29041'27" EAST, A DISTANCE OF 3,103.47 FEET;
THENCE SOUTH 88004'18" EAST, A DISTANCE OF 488.56 FEET TO A POINT ON THE WESTERLY
RIGHT-OF-WAY OF COUNTY ROAD 15;
THENCE NORTH 00052'27" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF
1,472.98 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 6;
THENCE SOUTH 89033'20" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 30.00 FEET TO THE
NORTHEAST CORNER OF SAID SECTION 6;
THENCE SOUTH 89041'30" EAST, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF
SECTION 5, A DISTANCE OF 30.00 FEET TO THE POINT OF INTERSECTION WITH THE
NORTHERLY EXTENSION OF THE EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 15;
THENCE SOUTH 00052'27" WEST, ALONG SAID NORTHERLY EXTENSION AND EASTERLY RIGHT-
OF-WAY THEREOF, A DISTANCE OF 2,811.97 FEET;
THENCE SOUTH 89033'59" WEST, A DISTANCE OF 60.02 FEET TO A POINT ON SAID WESTERLY
RIGHT-OF-WAY OF COUNTY ROAD 15;
THENCE SOUTH 00051'05" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF
2,619.26 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 147.334 ACRES, (6,417,888 SQUARE FEET), MORE OR LESS.
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EXHIBT B
(Annexation Agreement)
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Total Pages: 15 Rec Fee: $83.00
Carly Koppes - Clerk and Recorder, Weld County, CO
ANNEXATION AGREEMENT
This Agreement is made and entered into this L2 day of '5c,-(4 , 2022, by and
between DENMORE LLC., a Colorado limited liability company ("Annexor"), whose legal
address is 1942 Broadway Street, Suite 314C, Boulder, Colorado, 80302, and the TOWN OF
FIRESTONE, a Colorado municipal corporation, with a legal address of 9950 Park Avenue,
Firestone, Colorado, 80504 (the "Town"). The Town and Annexor may be termed individually a
"Party" or collectively the "Parties."
WHEREAS, the Annexor holds fee title to more than fifty percent (50%) of the property
to be annexed to the Town pursuant to the DENMORE ANNEXATION and as more particularly
described in Exhibit A, attached hereto, (hereinafter the "Annexation Property" or the "Property");
and
WHEREAS, the Annexor desires to have the Property annexed to and be subject to the
jurisdiction of the Town, upon and subject to the terms and conditions set forth herein, all of which
conditions are agreeable to the Annexor; and
WHEREAS, the Annexor intends to file a Petition to annex the Property to the Town; and
WHEREAS, the Parties desire to include in this Agreement certain provisions,
understandings and agreements regarding the Property and its annexation; and
WHEREAS, the Town Board of Trustees has determined that it is in the best interest of
the Town to annex the Property, to provide municipal services thereto, and to receive revenues
from the Property upon the terms and conditions contained herein.
THEREFORE, in consideration of the recitals, promises, mutual covenants and
agreements herein contained, the parties agree as follows:
Warranties of Parties.
(a) Annexor
(i) Annexor is the legal and equitable owner of that certain portion of the
Annexation Property, as more particularly described in Exhibit A-1.
(b) Town of Firestone
(i) The Town of Firestone is a Colorado statutory municipality and has the
power to take all actions required to authorize this Agreement and to carry out the
obligations hereunder.
2. Annexation. The annexation of the Annexation Property shall be in accordance
with the Colorado Municipal Annexation Act of 1965, as amended, the Firestone Municipal Code
and all applicable laws.
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(a) Conditions Precedent. Annexation of the Property shall not become
effective, and neither the Annexor nor the Town shall record or cause to be recorded the
items described in C.R.S. § 31- 12- 113(2)(a)(H)(A) or this Agreement, until all of the
following conditions have been satisfied (it being acknowledged that the Town shall record
the requisite documents to effect annexation of the Property upon satisfaction of the
conditions precedent):
(i) The Annexor and the Town have mutually executed and delivered this
Agreement;
(ii) The ordinance approving the annexation of the Property has become
effective in accordance with the provisions of the Firestone Development
Code; and
(iii) The Board of Trustees approves Residential A (R-A) and Neighborhood
Center (NC) zoning for the Property.
(b) Failure of Conditions. Until the conditions precedent set forth in
subparagraph 2.a have been satisfied, this document shall constitute an offer by the
Annexor and the Town to enter into this Agreement (notwithstanding the parties' mutual
execution and delivery of this document), and the annexation of the Property to the Town
shall not become effective. In such case, neither the Annexor nor the Town shall record or
cause to be recorded this Agreement or the items described in C.R.S. § 31- 12-
113(2)(a)(II)(A).
3. Purpose. The purpose of this Agreement is to set forth the terms, conditions, and
fees to be paid by the Annexor upon the initial development of the Property. Unless otherwise
expressly provided to the contrary herein, all conditions contained herein are in addition to any
and all requirements of the Firestone Development Code and Firestone Municipal Code, as
amended.
4. Consent to Annexation. Annexor hereby consents to the annexation of the Property
subject to the terms of any Petition for Annexation filed with the Town, pursuant to C.R.S. § 31-
12-107(1), and this Agreement.
5. Zoning.
(a) Annexor hereby consents to the zoning of the Property as Residential A (R-
A) and Neighborhood Center (NC), in accordance with the Town's established zoning
designations. Initial zoning of the Property shall be considered simultaneously with the
Petition for Annexation by the Town as allowed by the Colorado Municipal Annexation
Act of 1965.
(b) Because the zoning of property in Colorado constitutes legislative action by
a municipality, nothing in this Agreement shall be construed to be an agreement,
commitment, or contract binding the Town to approval of any specific zoning. Moreover,
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nothing in this Paragraph shall constitute or be interpreted as a waiver or abrogation of the
Town's legislative, governmental, or police powers to later rezone the Property to promote
and protect the health, safety and general welfare of the Town or its inhabitants.
6. Application of Town Laws. Except as expressly provided herein, all Town
ordinances, regulations, policies, and procedures, and all requirements contained in the Firestone
Development Code and Firestone Municipal Code, currently in effect and as the same may be
amended from time to time, shall be applicable to the use and development of the Property, upon
annexation.
7. Water Services. The Town will provide water services to the Annexation Property,
if Annexor satisfies all requirements of the Firestone Development Code or Firestone Municipal
Code including, but not limited to, the dedication of water rights and/ or the payment of fees in
lieu thereof, and the construction of water lines and facilities necessary to service the land use
proposed for the Property.
(a) No Vested Rights. IT IS EXPRESSLY UNDERSTOOD AND AGREED
THAT ANNEXOR HAS NO CLAIM OR ENTITLEMENT TO RECEIVE WATER
UTILITY SERVICES FROM THE TOWN OR RIGHT TO ANY PORTION OF THE
SUPPLY OF WATER OR CAPACITY IN THE TOWN' S WATER SYSTEM TO SERVE
THE POTENTIAL MAXIMUM DEVELOPMENT OF THE PROPERTY OR FUTURE
SUBDIVISION PHASES UNDER THIS AGREEMENT. Annexor acknowledges and
agrees that no vested property rights are granted by this Agreement. Further, Annexor
hereby waives and releases any common law vested rights, whether known or unknown,
suspected or unsuspected, contingent or fixed, relating to water treatment and conveyance
capacity, which Annexor may or might hereafter have or acquire against the Town arising
from or relating to the granting of any land -use approvals, building permits, certificates of
occupancy, or the construction of public improvements.
(b) System Connection. Annexor acknowledges and agrees that capacity in the
Town's water system may not be available or capable of serving the potential maximum
development of the Property, and that the Town is not making and it expressly disclaims
any express or implied warranty, representation, or commitment of any kind that the
Property is capable of receiving water utility services from the Town, to sell or furnish
utility services or extend utility infrastructure to the Property for future development, or to
make available capacity from the existing Town water utility system sufficient to meet the
projected water needs of the Property or any future development of the Property.
(c) No Guarantee of Water. Nothing in this Agreement shall be construed to
provide or warrant, and the Town specifically disclaims, and that it is obligated under this
Agreement to supply any guaranteed minimum or maximum volume or quantity of potable
water to the Property at any time, nor is the Town making any express or implied warranty,
representation, or commitment of any kind regarding the available supply, flow rates or
quantity of potable water.
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(d) Existing Central Weld Connections. Upon development of the Annexation
Property and conditioned upon the Town committing to provide water services for the
benefit of the Annexation Property, Annexor shall terminate any and all existing Central
Weld County Water District water service connections to the Annexation Property, and
shall take any and all other steps as necessary to effectuate a change of service provider for
the Annexation Property to the Town.
7. Sewer Services. Town does not provide wastewater services to the Annexation
Property, and Annexor acknowledges that the Town has no obligation under this Agreement to
provide sewer service to the Annexation Property upon annexation. Annexor is directed to St.
Vrain Sanitation District for the provision of wastewater services. Annexor shall be responsible
for satisfying all requirements of St. Vrain Sanitation District for the extension of wastewater
services necessary to serve the land use proposed for the Annexation Property.
8. Other Services. Upon annexation, the Town shall provide all customary public
safety (but excluding fire protection) and public roadway and maintenance services to the
Annexation Property, to the same extent and upon the same terms and conditions as such services
are provided to other properties throughout the Town.
9. Special District Formation. The Town will allow the formation of a special district
on the Property to finance the construction of public improvements, subject to the applicable
provisions of the Firestone Development Code and Firestone Municipal Code, as amended.
(a) Annexor shall submit a proposed service plan for the special district, and
the Town shall review and timely act upon such service plan and the organization of the
special district in accordance with C.R.S., § 32-1-204.5, and any other applicable state
statutes.
10. Special District Inclusion. Upon annexation or upon thirty (30) days' written notice
of the Town to Annexor, as determined by the Town, Annexor shall initiate an action necessary to
assure inclusion of the Annexation Property into the Northern Colorado Water Conservancy
District, the Municipal Subdistrict, Norther Colorado Water Conservancy District, the St. Vrain
Sanitation District, Frederick -Firestone Fire Protection District, the Carbon Valley Recreation
District (if the Property is not yet within one or more of these district), and any other special
districts as determined by the Town.
11. Special District Exclusion.
(a) Upon annexation, Annexor will initiate and diligently pursue actions
necessary to assure exclusion of the Annexation Property from any and all special districts
that provide municipal services to the Annexation Property of a type described in sections
7 and 8; provided, however, that Annexor shall not be required to complete any such
exclusion until such time that the Town or the special districts are able to actually provide
such services to the Annexation Property.
(b) Upon annexation, the Town may, at its option, initiate actions necessary to
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assure exclusion of the Property from any and all special districts that provide municipal
services to the Annexation Property of a type described in sections 7 and 8. The Annexor
shall bear the related costs and legal fees for said exclusion, including any amounts as may
be required to pay to any special district to effectuate exclusion, if the exclusion
proceedings are initiated within 12 months of the effective date of the annexation.
12. Land Dedication. Annexor further agrees as follows:
(a) Property Conveyance For Future Right -of -Way. Upon annexation or upon
sixty (60) days' written notice of the Town to Annexor, as determined by the Town,
Annexor shall convey to the Town, by special warranty deed, in fee simple absolute, free
and clear of all liens and encumbrances, any, land necessary for additional future right-of-
way for Frontier Street or Firestone Blvd. on the eastern and/or southern boundary of the
Annexation Property, as determined by the Town in its sole and absolute discretion. In
connection with the further subdivision and development of the Annexation Property, the
Town may require additional dedications of rights -of -way for public streets necessary to
serve the subdivided or developed Annexation Property.
13. Water Dedication. Annexor represents that there are appurtenant to the Property
certain surface and/or groundwater "water rights" owned by Annexor, as more particularly
described on Exhibit B, attached hereto and made a part of this Agreement ("the Water Rights"),
Annexor further represents that the Water Rights constitute all of the water rights appurtenant to
the Property, and that the Water Rights are and will be used in connection with current uses of the
Property until the Property is developed.
(a) Grant of Right of First Refusal. Annexor hereby agrees to grant to the Town
a right of first refusal to acquire the Water Rights owned by Annexor ("Right of First
Refusal").
(b) Exercise of Right of First Refusal. Annexor will not sell the Water Rights,
or any part thereof, without first offering it to the Town for purchase. The Right of First
Refusal granted to the Town shall be honored by Annexor and exercised in the following
manner:
(i) If, at any time, Annexor elects to place the fee title interest in the
Water Rights for sale to a third -party, or Annexor receives a bona
fide third -party offer to purchase or otherwise acquire title to the
Water Rights, or any part thereof, any contract which may be entered
into between Annexor and such bona fide purchaser shall
specifically provide that the transaction shall be subject to the
Right of First Refusal set forth in this Agreement.
(ii) In the event that Annexor enters into such contract with a bona
fide third -party purchaser, the Town shall have the prior right to
purchase and acquire title to the Water Rights, or the portion
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thereof described in such contract, upon the same terms and
conditions as therein provided or, at Annexor's option, for cash,
except in the event the Water Rights are to be conveyed or
purchased in conjunction with a transfer of the Annexation
Property; in such case where the fee title interest in the Water
Rights is to be conveyed or purchased in conjunction with the sale
or purchase of the fee title interest in the Annexation Property, the
Town shall have the prior right to purchase and acquire title only
to the Water Rights without having to acquire the Annexation
Property with the Water Rights, and if the Town exercises the
right of first refusal under such circumstances, Annexor shall be
required to execute and deliver a Dry -Up covenant as part of the
proposed sale and conveyance of the Water Rights to the Town.
(iii) Annexor shall submit to the Town a duplicate original of an
executed contract with the bona fide purchaser, together with
duplicate originals executed by Annexor of a contract between
Annexor and the Town, containing the same terms and conditions
as the purchase and sale contract with the third -party bona fide
purchaser, except as provided in paragraph (ii) above. If, after the
receipt of such documents, the Town shall fail to exercise its right
of first refusal by signing and returning to Annexor within 60 days
of receipt, a signed copy of said contract, Annexor shall have the
right to conclude the proposed sale and conveyance on the same
terms and conditions, and no other, as in the contract with the bona
fide third -party purchaser.
(iv) The Town's failure to exercise its Right of First Refusal, or its
written disclaimer of such right, shall be deemed a waiver and
cancellation of such Right of First Refusal if the proposed sale and
conveyance to the same bona fide third party purchaser is
consummated. If the proposed sale and conveyance to the same bona
fide third -party purchaser is not consummated, the Right of First
Refusal herein set forth shall not be deemed waived or cancelled,
but shall remain in full force and effect. The Town's failure to
exercise, or disclaimer of, such Right of First Refusal with respect
to any transfer of less than all of the Water Rights shall not be
deemed a waiver of such right with respect to that part of the Water
Rights owned by Annexor after such transfer.
(v) This Right of First Refusal shall apply to all transactions involving
a conveyance of title to the Water Rights, or any portion thereof,
including but not limited to a purchase, an exchange, or any other
transfer of an interest in the Water Rights for consideration.
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(c) Non -Transferability. This Right of First Refusal shall be deemed a right
extended solely and exclusively to the Town and to no third parties whether or not affiliated
with the Town. The Town shall not convey or assign, in whole or in part, any of its rights
associated with this Agreement to any person or third -parry without Annexor's prior
written consent, which shall not be unreasonably withheld.
14. Special Provisions.
(a) Firestone Trail. Upon the further subdivision and development of the
Annexation Property, Annexor or the then owner of the Annexation Property shall be
responsible for the design and construction of a segment of the Town's planned, future
regional multi -modal trail, Firestone Trail, beginning north of Firestone Boulevard, from
Weld County Road 24 to Weld County Road 26.
(b) Pedestrian Crossing. Upon the further subdivision and development of the
Annexation Property, Annexor or the then owner of the Annexation Property, shall be
responsible for the design and construction of off -site and on -site pedestrian crossings of
Firestone Boulevard required by the Town for development of the Annexation Property.
15. Assi ng ment. The rights, duties, and obligations of the Annexor hereunder may be
assigned to another person or entity only with the prior written consent of the Town. In such event,
the assignee shall assume all of the rights, duties, and obligations of the Annexor hereunder and
the Annexor shall be correspondingly relieved from all such liabilities, duties and obligations.
16. Notices. All notices, demands or other documents required or desired to be given
to either party under this Agreement shall be made in writing and shall be deemed effective upon
receipt and shall be personally delivered or mailed by certified mail as follows:
Town: Town Manager
Town of Firestone
9950 Park Avenue,
Firestone, CO 80504
Annexor: Denmore LLC
1942 Broadway Street, Suite 314C
Boulder, CO 80302
17. Remedies. The sole and exclusive remedies of Annexor against the Town for any
breach of this Agreement shall be limited to breach of contract claims. The Town's remedies under
this Agreement include, but are not limited to, the following:
(a) The refusal to issue any building permit or certificate of occupancy;
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(b) The revocation of any building permit previously issued under which
construction directly related to such building permit has not commenced, except a building
permit previously issued to a third party;
(c) A demand that the security given for the completion of any public
improvements be paid or honored; and
(d) Any other remedy available at law.
18. Cooperation. This Agreement is the product of the voluntary and cooperative effort
of the Parties and shall not be construed or interpreted against either Parry solely on the basis of
that Parry having drafted any portion of this Agreement
19. Binding Effect of Agreement. This Agreement shall inure to the benefit of and be
binding upon the successors and the assigns of the respective parties. The parties' respective rights
and obligations set forth in this Agreement shall constitute covenants that shall run with the land.
20. Recordation. Upon annexation of the Property, this Agreement shall be recorded
in the records of the Clerk and Recorder of Weld County, State of Colorado.
21. Future Acts. Following execution of this Agreement, the parties covenant and
agree that they will cooperate with each other in accomplishing the terms, conditions and
provisions of the Agreement, and will execute such additional documents as necessary to
effectuate the Agreement
22. Third Parties. The covenants, stipulations and agreements contained in this
Agreement are and shall be for the sole and exclusive benefit of the parties hereto and their
respective successors and assigns, and nothing in this Agreement, express or implied, is intended
nor shall be construed of confer upon or give any other person any rights, remedy or claim under
or by reason of the Agreement. The Town shall not be obligated or liable under the terms of this
Agreement to any person or entity not a parry hereto. Further, the Town shall not be bound by any
contracts or conditions that Annexor may negotiate with third parties related to matters set forth in
this Agreement.
23. Police Power. Nothing contained in the Agreement shall constitute or be
interpreted as a repeal of existing Codes or ordinances or as a waiver or release of the Town's
legislative, governmental or police powers to promote and protect, the health, safety, morals or
general welfare of the municipality or its inhabitants. This Agreement shall not prohibit the
enactment by the Town of any tax, fee, ordinance, resolution, rule, or regulation which is of
uniform and general application.
24. No Partnership or Agency. Notwithstanding any language in this Agreement,
neither party shall be deemed a member, partner or joint venture of each other and neither parry
shall be responsible for the debts or liabilities of the other nor the other's contractor or agent.
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25. Venue. This Agreement is being executed and delivered and is intended to be
performed in the State of Colorado, and the laws of Colorado shall govern the validity,
construction, enforcement, and interpretation of this Agreement. Exclusive jurisdiction and venue
for resolution of any dispute arising hereunder shall be in the District Court for Weld County,
Colorado.
26. Attompy's Fees. In the event that it is necessary to initiate legal proceedings to
enforce the provisions of this Agreement, the non -prevailing party shall be responsible for all
reasonable legal expenses and costs incurred by the prevailing party, including reasonable
attorney's fees.
27. Effective Date. This Agreement shall be effective and binding upon the parties
immediately upon the effective date of an ordinance annexing the Property, regardless of whether
the Agreement is executed prior to the effective date of said ordinance annexing the Property.
28. Entire Agreement. This Agreement including the Exhibits and Recitals, which are
incorporated herein, set forth the entire agreement of the parties concerning the Denmore
Annexation. There are no promises, terms, conditions, or obligations other than those contained
herein that exist with respect to the annexation. This Agreement shall supersede all other
provisions, communications, representations, or agreements, either verbal or written, between the
parties with respect to the annexation and the economic incentives.
29. Waiver Limitations. A written waiver by either party to this Agreement of the
breach of any term or provision of this Agreement shall not operate or be construed as a waiver or
any subsequent breach by another party.
30. Headings. The headings of the sections or subsections of this Agreement are only
for the convenience and reference of the parties and are not intended to define, limit, or describe
the scope or intent of this Agreement.
31. Severability. If any part, term or provision of this Agreement is held by any court
of competent jurisdiction to be illegal, invalid or unenforceable, the validity of the remaining
provisions shall not be affected, and the rights and obligations of the parties shall be construed and
enforced as if the Agreement did not contain the particular part, term or provision held to be
invalid, and the parties shall cooperate to cure any such defect.
32. No Vested Property Rights. It is understood and agreed by the parties that no vested
property rights are granted by this Agreement. The Annexor represents to the Town that there are
no vested rights to the Annexation Property from the County of Weld or any other governmental
entity. Annexor hereby waives and releases any prior vested rights which may have been so
granted or acquired in Weld County so long as the Property remains annexed into the Town.
33. Disconnection. No right or remedy of disconnection of the Annexation Property
from the Town shall accrue from this Agreement, other than that provided by C.R.S. § 31-12-119.
In the event the Annexation Property or any portion thereof is disconnected from the Town at the
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Annexor's request, the Town shall have no obligation to serve the disconnected Annexation
Property.
34. Referendum. If the annexation of the Annexation Property or any portion thereof
is challenged by a referendum, all provisions of the Agreement, together with the duties and
obligations of each parry, shall be suspended pending the outcome of the referendum election. If
the referendum challenge to the annexation results in disconnection of the Annexation Property
from the Town, then this Annexation Agreement shall be null and void and of no further effect. If
the referendum challenge fails, then the Annexor and the Town shall continue to be bound by this
Annexation Agreement.
35. Court Order. In the event that the annexation of the Property or any portion thereof
is voided by Final Action ("Final Action" means that no appeal can be made or the time to appeal
has expired) of a court of proper jurisdiction (such Final Action not being associated with
referendum or initiative matters), the Town and the Annexor shall cooperate to cure any legal
defects cited by the court or that resulted in disconnection of the Annexation Property, and
immediately upon such cure this Annexation Agreement shall be deemed to be an agreement to
annex the Property to the Town pursuant to the Colorado Municipal Annexation Act of 1965. The
Annexor shall reapply for annexation when the Initial Annexation Property becomes eligible for
annexation as determined by the Town.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
set forth above.
[Remainder ofpage left intentionally blank —Signature Pages to follow]
{00997092.DOCX; 11 10
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Page 11 of 15
ANNEXOR:
DENMORE LLC.
STATE OF COLORADO )
) ss.
COUNTY OF Wll)
The foregoing Annexation Agreement was signed and sworn to before me by J ;1
as 11,Z4 ACC54�- , of Denmore LLC., a Colorado limited liability company, this '
day of T(/lsL, 52071,
Witness my hand and official seal.
'-av /'Az'
(Notary Public Official Signature) ALEXANDER R MOREAU
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20174017500
MY COMMISSION EXPIRES APR 24, 2025
(Title of o ce)
(Commission Expiration)
[Remainder ofpage left intentionally blank —Signature Pages to follow]
{00997092.DOCX; 1) 11
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Page 12 of 15
TOWN OF FIRESTONE, a Colorado municipal
corporation r
By: AL `
Drew Peterson, Mayor c�% i�
®c ...... ..G&I
UNT`( ,
A 1rT1r7C rr.
(00997092.DOCX; 1) 12
APPRO AS T
Town Attorney
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Page 13 of 15
A PARCEL OF LAND SITUATED IN SECTION 6 AND THE NORTHWEST QUARTER OF SECTION 5,
TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6th/ PRINCIPAL MERIDIAN; COUNTY OF WELD, STATE OF
COLORADO; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 6, FROM WHICH THE SOUTH QUARTER
CORNER OF SAID SECTION 6 BEARS NORTH 88°49'02" WEST, A DISTANCE OF 2,640.90 FEET, WITH ALL
BEARINGS HEREIN RELATIVE THERETO;
THENCE NORTH 43058'58" WEST, A DISTANCE OF 42.55 FEET TO THE POINT OF BEGINNING, BEING THE
INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY OF FIRESTONE BOULEVARD AND THE WESTERLY
RIGHT-OF-WAY OF COUNTY ROAD 15;
THENCE NORTH 88049'02" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY OF FIRESTONE
BOULEVARD, A DISTANCE OF 2,610.33 FEET;
THENCE NORTH 89034'25" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE
OF 54.21 FEET;
THENCE NORTH 29040'23" EAST, A DISTANCE OF 1,409.64 FEET;
THENCE NORTH 29041'27" EAST, A DISTANCE OF 3,103.47 FEET;
THENCE SOUTH 88004'18" EAST, A DISTANCE OF 488.56 FEET TO A POINT ON THE WESTERLY RIGHT-
OF-WAY OF COUNTY ROAD 15;
THENCE NORTH 00052'27" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 1,472.98
FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6;
THENCE SOUTH 89033'20" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 30.00 FEET TO THE
NORTHEAST CORNER OF SAID SECTION 6;
THENCE SOUTH 89"41'30" EAST, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF
SECTION 5, A DISTANCE OF 30.00 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY
EXTENSION OF THE EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 15;
THENCE SOUTH 00°52'27" WEST, ALONG SAID NORTHERLY EXTENSION AND EASTERLY RIGHT-OF-WAY
THEREOF, A DISTANCE OF 2,811.97 FEET;
THENCE SOUTH 89"33'59" WEST, A DISTANCE OF 60.02 FEET TO A POINT ON SAID WESTERLY RIGHT-
OF-WAY OF COUNTY ROAD 15;
THENCE SOUTH 00651'05" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 2,619.26
FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 147.334 ACRES, (6,417,888 SQUARE FEET), MORE OR LESS.
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Page 14 of 15
EXHIBIT A-1
A PARCEL OF LAND SITUATED IN THE EAST HALF AND THE SOUTHWEST QUARTER OF SECTION 6,
TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE Vh PRINCIPAL MERIDIAN; COUNTY OF WELD, STATE OF
COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 6, FROM WHICH THE SOUTH QUARTER
CORNER OF SAID SECTION 6 BEARS NORTH 88°49'02" WEST, A DISTANCE OF 2,640.90 FEET, WITH ALL
BEARINGS HEREIN RELATIVE THERETO;
THENCE NORTH 43°58'58" WEST, A DISTANCE OF 42.55 FEET TO THE POINT OF BEGINNING, BEING THE
INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY OF FIRESTONE BOULEVARD AND THE WESTERLY
RIGHT-OF-WAY OF COUNTY ROAD 15;
THENCE NORTH 88049-02" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY OF FIRESTONE
BOULEVARD, A DISTANCE OF 2,610.33 FEET;
THENCE NORTH 89634*25" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE
OF 54,21 FEET;
THENCE NORTH 29"4U23" EAST, A DISTANCE OF 1,409.64 FEET;
THENCE NORTH 29041'27" EAST, A DISTANCE OF 3,103.47 FEET;
THENCE SOUTH 88004'18- EAST, A DISTANCE OF 548.57 FEET TO A POINT ON THE EASTERLY RIGHT-
OF-WAY OF COUNTY ROAD 15;
THENCE SOUTH 00°5227" WEST, ALONG SAID EAST LINE, A DISTANCE OF 1,337.36 FEET;
THENCE SOUTH 89°33'59" WEST, A DISTANCE OF 60.02 FEET TO A POINT ON SAID WESTERLY RIGHT-
OF-WAY OF COUNTY ROAD 15;
THENCE SOUTH 00°51'05" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 2,619.26
FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 145.304 ACRES, (6.329,462 SQUARE FEET), MORE OR LESS.
f 00997092.DOCX; 1) 14
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Page 15 of 15
EXHIBIT B
DESCRIPTION OF APPURTENANT WATER RIGHTS
None.
(00997092.DOCX; 1) 15