HomeMy WebLinkAbout20130051.tiffEXHIBIT INVENTORY CONTROL SHEET
Case PUDF12-0003 - MOUNTAIN VIEW FIRE PROTECTION DISTRICT
Exhibit Submitted By Description
A. Planning Services PowerPoint Presentation
Firestone Fire Protection District Referral Letter, dated
B. Planning Services 10/18/2012
C. Planning Services Recommended language, 1/2/2013
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2013-0051
Public hearings concerning this property will be heard before the
County Planning Commission and
Board of County Commissioners.
Both heanngs will be held at
WELD COUNTY ADMINISTRATION BUILDING
1150 "O" Street • Greeley, CO 80631
Planning Commission Hearing will be held on
20 ; at:
Board of County Commissioner Heanng will be held on
Case Number PLUD-12 -0bb3 Acres: 4.-
.-FOR FURTHER INFORMATION PLEASE CONTACT
lam F-uvi O&LE AT THE WELD COUNTY DEPARTMENT c!�
PLANNING SERVICES. AT 970-353-6100. ext_A.
For Additional Information visit www weldcountypianningcases era
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FIRESTONE
A COMMUNITY IN MOTION
October 18, 2012
Weld County Planning Department
ATTN: Kim Ogle, Planner
1555 N 17th Ave
Greeley, CO 80631
Re: Weld County Referral Case Number SPR12-0006 & PUDF12-0003
Dear Mr. Ogle:
This letter is in reference to the final plat and site plan review for the Mountain View Fire
Station No. 119 application to be scheduled for a Weld County Planning Commission
Hearing. Thank you for referring this application to the Town of Firestone for our review
and comment.
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The property subject to this application is within the Town of Firestone Master Plan
area. For your reference, attached is a map of the Town's current master planning area.
The Town of Firestone and the Frederick -Firestone Fire Protection District entered into
an Intergovernmental Agreement (attached) that requires all property within the Town of
Firestone boundaries to petition for inclusion into the Frederick -Fire Protection District.
Also, the Frederick -Fire Protection District purchased land in 2008 and is in the planning
phase for Fire Station 4 located at 10777 Weld County Road 7 between Weld County
Road 22 and Highway 119. This additional facility is necessary to maintain response
time benchmarks and ISO requirements due to the inclusion of new property into the
District.
Thank you for considering our comments and we sincerely appreciate the opportunity to
respond to these application referrals. Please feel free to contact me at (303) 422-3551
with any questions.
Bruce Nickerson
Town Planner
cc: Town Staff
Enclosures (2)
151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520
(303) 833-3291 • fax (303) 833-4863
IEXHIBIT
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Submit by Email
September 17, 2012
Weld County Referral
The Weld County Department of Planning Services has received the following item for review:
Applicant: Mountain View Fire Protection District Case Number: SPR12-0006
Please Reply By: October 15, 2012 Planner: Kim Ogle
Project: SITE PLAN REVIEW FOR A FIRE STATION (MOUNTAIN VIEW FIRE STATION No. 119)
Location: SOUTH OF AND ADJACENT TO SH 119; WEST OF AND ADJACENT TO CR 5; NORTH OF
AND ADJACENT TO VISTA VIEW DRIVE
Parcel Number: 131308000035-R0061288 Legal: BALDRIDGE PUD FIRST FILING
LOT 1 AMENDED FINAL PUD PLAN , FIRST FILING; PART OF SECTION 8, T2N, R68W of the 6th
P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
We have reviewed the request and find that it does /does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature t 1p IQ,/ t,L Date 10' -
Agency To tr n PkreShIPQ
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax
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INTERGOVERNMENTAL AGREEMENT
BETWEEN THE FREDERICK FIRESTONE FIRE PROTECTION DISTRICT
AND THE TOWN OF FIRESTONE REGARDING FIRE SERVICES
THIS AGREEMENT is made and entered into this S�OT'day of Oc,-k-c&r , 2003, by
and between the Frederick Firestone Fire Protection District (the "Fire District"), a special
district organized and existing pursuant to §32-1-101, C.R.S., et seq. (the "Special District Act")
and the Town of Firestone (the "Town"), a Colorado municipal corporation, collectively referred
to as the "Parties."
A. RECITALS
WHEREAS, the Fire District and the Town have a common and compelling public safety
interest to provide and plan for Fire Services (as defined Section B(1)(a), below) for the existing
and future property owners and residents within their respective jurisdictions;
WHEREAS, The Fire District and the Town also have a common and compelling interest
in the investigation and prosecution of arson;
WHEREAS, pursuant to the Special District Act, the Fire District provides Fire Services
to all areas within its boundaries;
WHEREAS, pursuant to §31-30-101 and §31-15-601, C.R.S., the Town is authorized to
provide Fire Services within its municipal boundaries;
WHEREAS, pursuant to §29-I-203, C.R.S., the Fire District and the Town may contract
with one another to provide any function, service, or facility lawfully authorized to be provided
by the Fire District or the Town;
WHEREAS, a(substantial portion of the area presently located within the boundaries of
the Town also is located within the boundaries of the Fire District;
WHEREAS, both the Town and the Fire District have adopted the Uniform Fire Code,
and the Fire District enforces the Uniform Fire Code as adopted by the Town in those areas
located within the boundaries of both the Town and the Fire District, even when and if the
Uniform Fire Code adopted by the Town varies from the Uniform Fire Code adopted by the Fire
District;
WHEREAS, the Fire District has the authority to administer and enforce the Uniform
Fire Code adopted by the Fire District and/or the County in which it is located with respect to
areas located within the boundaries of the Fire District but outside the boundaries of the Town;
WHEREAS, the Town has annexed, and reasonably believes that in the future it will
annex, land currently located outside the boundaries of the Fire District, and the Town desires
that the Fire District provide Fire Services to all areas located within the boundaries of the Town
to avoid administrative difficulties, inefficiencies and possible inconsistent application of the
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Town's Uniform Fire Code by multiple fire districts providing services within the boundaries of
the Town;
WHEREAS, the Fire District is willing to commit to provide high quality Fire Services to
all areas located within the boundaries of the Town, as such boundaries may be altered from time
to time by annexation or otherwise;
WHEREAS, the Parties agree that coordinated emergency services will promote efficient
delivery of services during a disaster emergency;
WHEREAS, the Parties agree that establishing mutual boundaries between the Fire
District and the Town wherever feasible is in the best interest of both Parties and will promote
the efficient provision of Fire Services and the public safety and welfare;
WHEREAS, the Parties agree that it is in their best interests to create an atmosphere
conducive to a healthy economy, and that cooperation between the Parties will enhance
opportunities for economic development; and
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WHEREAS, the Fire District and the Town agree that it is in the best interests of the
Parties, and will promote the public safety and welfare of their current and future residents and
property owners, to provide for cooperative efforts by both the Town and the Fire District for the
provision of uniform Fire Services, uniform enforcement of the Uniform Fire Code, coordinated
emergency services, and efficient and effective arson investigation and prosecution throughout
the Fire District and the Town.
NOW, THEREFORE, the Town and the Fire District covenant and agree as follows:
B. AGREEMENT
1. DEFINITIONS. For purposes of this Agreement the following definitions shall
apply:
a, "Fire Services" refers to all proper and mandated services, functions, and
activities of a fire protection district as authorized in the Colorado Revised Statutes including,
without limitation, fire suppression, fire prevention, related investigatory activities, rescue,
hazardous materials services, emergency medical services, and enforcement and administration
of the Fire Code adopted by the Town. The Fire District and the Town may, as necessary and
appropriate, use mutually agreed upon and nationally recognized standards to enforce within the
Town the Fire Code adopted by the Town.
b. "Fire Code" refers to the current version of the Uniform Fire Code adopted by the
Town, together with any modifications or amendments thereof, and successor fire codes adopted
by the Town.
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2. BEST REASONABLE EFFORTS FOR ANNEXATION AND INCLUSION
OF LAND. The Town and the Fire District agree that each shall use its best reasonable efforts
to include within the boundaries and jurisdiction of the Fire District (a) all land that is not
presently within the boundaries and jurisdiction of the Fire District and is now within the
boundaries of the Town; and (b) all land that is not presently within the boundaries of the Town,
but that is hereafter annexed by the Town.
3. COOPERATION AND ALLOCATION OF COSTS. a. The Town and the
Fire District shall each assist the other and cooperate fully in all respects to undertake and pursue
to conclusion all actions and legal proceedings, including appellate proceedings, which are
necessary or desirable in order to accomplish the inclusion of land into the Fire District pursuant
to this Agreement.
b. The Fire District shall pay and indemnify the Town for and against the cost of any
fire -related or emergency services -related facilities or improvements (for example, fire stations)
for which the Town is required to pay incident to the exclusion of property from another fire
district or ambulance district, or both, whether incident to initial implementation of this
Agreement or any future annexation of property by the Town.
c. The Fire District shall pay all costs incurred by the Fire District in conforming its
boundaries to the Town's boundaries pursuant to this Agreement. Except for fees incurred by
the Town's general counsel, the Fire District shall also indemnify, defend and pay the Town with
respect to all other costs and expenses, including but not limited to consultants' fees, special
counsel attorneys' fees and costs, and costs and expenses related to the exclusion of property
from another fire district or ambulance district, or both, and corresponding inclusion into the Fire
District, whether incident to initial implementation of this Agreement or any future annexation of
property by the Town.
d. With respect to the exclusion of property from the Mountain View Fire Protection
District ("Mountain View") that is within the Town's boundaries, the Fire District shall use its
best efforts to include in any Agreement with Mountain View the removal of that prorated
portion of Mountain View's bonded indebtedness that the excluded property would otherwise he
obligated to pay pursuant to C.R.S. 32-1-503(1).
4. FIRE SERVICES AND TRAINING STANDARDS. The Fire District shall be
responsible for establishing Fire Services and training standards within its jurisdiction, including
any areas within its jurisdiction that are located within the Town's boundaries. The Town shall,
subject to the provisions hereof and to the extent allowed by law, cooperate with and assist the
Fire District in providing consistent levels of Fire Services to all land served by the Fire District
that is also within the Town.
a. The training standards adopted by the Fire District shall at all times meet or
exceed the national training standards for firefighters promulgated by the National Fire
Protection Association ("NFPA"), and the State training requirements for volunteers firefighters,
set forth in C.R.S. § 31-30-1122, each as may be amended from time to time.
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b. Prior to construction of the new Fire Station No. 3, the Fire District's average
emergency response time to all areas within the Town's boundaries shall at all times meet or
exceed a 7 minute response time for the Initial Response Unit on at least 80% of the emergency
responses within the Town's boundaries. Once the new Fire Station No. 3 is fully equipped,
staffed and operational, the Fire District's average emergency response time to all areas within
the Town's boundaries shall at all times meet or exceed a 5.5 minute response time for the Initial
Response Unit on at least 80% of the emergency responses within the Town's boundaries. The
Fire District agrees that Fire Station No. 3 shall be equipped with at least one engine located at
such station on a permanent basis, and that such station shall be manned 24 hours per day, 365
days per year with a minimum of two Colorado certified career (paid) personnel. For purposes
of this Agreement, the term "Initial Response Unit" shall mean the Fire District fire apparatus or
emergency response vehicle designated by the Fire District to respond to the incident. Response
time shall be calculated from the Fire District's receipt of the initial dispatch tone from the Weld
County Dispatch Center to when the District's fire apparatus or vehicle arrives at the scene of the
incident.
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c. On or before January 15, April 15, July 15, and October 15 of each calendar year,
the Fire District shall deliver to the Town a written report detailing the Fire District's emergency
response times to all areas within the Town's boundaries during the preceding three-month
period, including but not limited to: 1) the average response time during the three-month period;
2) the specific response time for each incident; and, 3) every incident where the Fire District's
response time was longer than the established standards, and the reason(s) why it failed to meet
the established standards for each incident. The January 15 report also shall include a summary
of the training conducted by the Fire District during the preceding 12 months, and explain how
the training meets or exceeds national and State training requirements for firefighters.
5. EMERGENCY MEDICAL SERVICES. As part of the Fire Services it is
obligated to provide under this Agreement, the Fire District shall provide emergency medical
services-- including Basic Life Support (BLS) and Advanced Life Support (ALS) medical care --
and emergency transport services (collectively "Emergency Medical Services") to all areas
within the Town's boundaries. The Fire District may, in the exercise of its best judgment,
provide the Emergency Medical Services within the Town's boundaries through a contract or
intergovernmental agreement with a separate ambulance district or a private medical service
provider, or the Fire District may provide the Emergency Medical Services directly, through its
own equipment and personnel; provided, however, that any such contract or intergovernmental
agreement, and any amendment thereof, shall be submitted to the Town for its review and
comment at least fifteen (15) days prior to execution, and provided, further, that the Fire District
shall take all steps necessary to insure that at all times there is sufficient medical equipment and
trained, qualified medical personnel to meet the Emergency Medical Service standards
established herein and otherwise to meet the needs of the citizens within the Town and
individuals passing through the Town.
a. All personnel providing Emergency Medical Services within the Town, whether
through contract with the Fire District or as employees or volunteers of the Fire District, shall at
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all times meet or exceed all State certification and licensure requirements. Prior to construction
of the new Fire Station No. 3, the Fire District's average Emergency Medical Services response
time to all areas within the Town's boundaries shall at all times meet or exceed a 7 minute
response time for the Initial Response Unit on at least 80% of the Emergency Medical Services
responses within the Town's boundaries. Once the new Fire Station No. 3 is fully equipped,
staffed and operational, the Fire District's average Emergency Medical Services response time to
all areas within the Town's boundaries shall at all times meet or exceed a 5.5 minute response
time for the Initial Response Unit on at least 80% of the Emergency Medical Services responses
within the Town's boundaries. The Fire District agrees that Fire Station No. 3 shall be equipped
with at least one ambulance located at the station on a permanent basis. The Fire District further
agrees that each ambulance serving the Town shall be staffed with a minimum of two crew
members, one being a Colorado certified emergency medical technician and one being a
Colorado certified paramedic.
b. On or before January 15, April 15, July 15, and October 15 of each calendar year,
the Fire District shall deliver to the Town a written report detailing the Fire District's Emergency
Medical Services response times to all areas within the Town's boundaries during the preceding
three-month period, including but not limited to: 1) the average response time during the three-
month period; 2) the specific response time for each medical emergency; and, 3) every incident
where the Fire District's response time was longer than the Emergency Medical Services
response time established standards, and the reason(s) why it failed to meet the standards for any
emergency medical incident. The January 15 report also shall include a summary of the
certifications and licenses held by all Emergency Medical Services personnel and explain how
such certifications and licensure meets or exceeds the national and State certification and
licensure requires for Emergency Medical Services personnel.
6. OBLIGATION TO PROVIDE FIRE SERVICES. The Fire District
understands and agrees that it is legally obligated to provide Fire Services to all property
currently within the Town, and all property that may in the future be annexed to the Town. The
Fire District agrees the Fire Services it provides to all property within the Town shall be
comparable to, or better than, the Fire Services it currently provides to all other property within
its jurisdiction. The Fire District's agreement to provide Fire Services is not contingent upon
inclusion of the property into the Fire District; provided, however, that it shall not constitute a
breach of this Agreement if the Fire District does not provide Fire Services to property annexed
to the Town and which is located within the jurisdiction of another Fire Services provider, if the
Fire District directly, or in cooperation with the Town, has taken, or is taking, all steps
reasonable and necessary to exclude the property from the other Fire Services provider and
include the property within the Fire District's jurisdiction, consistent with the intent and purpose
of this Agreement.
7. NO EFFORT TO EXCLUDE PROPERTY FROM THE FIRE DISTRICT.
The Fire District and the Town understand that the Fire District's current operational status,
including its present facilities, equipment, and personnel, is designed primarily to provide Fire
Services within the Fire District's boundaries as they exist as of the date of this Agreement. It
also is understood and agreed that the Fire District's ability to provide Fire Services to property
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annexed to the Town in the future may require the Fire District to expand or change the nature of
the Fire District's facilities, equipment, and personnel. Regardless, the Fire District shall use its
best efforts to meet all future Fire Services needs and the Town shall, to the extent allowed by
law and subject to the provisions hereof, cooperate with and assist the Fire District in meeting
those needs.
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8. CODE DEVELOPMENT. To assure uniformity in code interpretation and
enforcement, the Town and the Fire District will work together to review, develop and amend the
Building, Mechanical, Electrical, and Fire Codes to be adopted by, and enforced within, the
Town. Nothing herein shall be construed to affect or limit the authority of the Town to
determine the final form and substance of the Fire Code and other uniform or life safety codes to
be adopted and enforced within the Town.
9. PLAN REVIEWS, PERMITS, AND INSPECTIONS. In order to assure that
all existing and new buildings, facilities, and property within the Town are constructed,
developed, and maintained in -accordance with the Fire Code and such other applicable
regulations as may be developed by the Fire District and the Town, the Town, with the assistance
of the Fire District, will develop and implement a plan review and building inspection process
that assures that all proposals for modification to or renovation of existing non-residential
properties, facilities or buildings, and any new construction or development of non-residential
properties, shall be reviewed by, and subject to the approval of, the Fire District before issuance
of a building permit and Certificate of Occupancy, as appropriate, The Town, with the assistance
of the Fire District, will develop and implement a plan review and building inspection process
that assures that all proposals for modification to or renovation of existing residential properties,
facilities or buildings, and any new construction or development of residential properties, that
involve fire suppression/prevention issues (such as residential fire sprinkler systems), or other
Fire Code issues, shall be reviewed by, and subject to the approval of, the Fire District before
issuance of a building permit and Certificate of Occupancy, as appropriate. It is acknowledged
that the issuance and withholding of permits shall be in accordance with the Fire Code and other
uniform or life safety codes, ordinances, rules and regulations of the Town, and any mutually
agreed upon and nationally recognized standards.
10. REQUIRING INCLUSION OF REAL PROPERTY AS A CONDITION OF
ANNEXATION. During the term of this Agreement, the Town shall require, to the extent
legally possible and as a condition of annexation, that the land owner, developer or other
individual or entity seeking annexation of real property agree to include the real property into the
Fire District's jurisdiction within 90 days of the real property being annexed to the Town. The
Fire District will assist the property owner, developer or other individual or entity to include the
real property into the Fire District's jurisdiction.
11. PROVISION OF FIRE SERVICES OUTSIDE THE FIRE DISTRICT'S
BOUNDARIES. The Fire District agrees the Town is not required to compensate the Fire
District for Fire Services the Fire District is required by this Agreement to provide to property
within the Town but not within the Fire District's jurisdiction. Similarly, the Town is not
required to compensate the Fire District for Fire Services rendered pursuant to any mutual aid
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agreement it may have with any other governmental entity. The Town understands and agrees
that the Fire District may charge fees for Fire Services provided to property and citizens within
the Town but outside the Fire District's jurisdiction pursuant to C.R.S. §32-1-1001(k).
12. CODE ENFORCEMENT. The Town will assist the Fire District in enforcing
the Town's Fire Code within the Town's jurisdiction. The Fire District will assist the Town in
enforcing the Town's Building, Mechanical, and Electrical Codes, as adopted and from time to
time amended by the Town, within the Town's jurisdiction. As provided in the Special District
Act, the Fire District shall refer a code violation or a suspected arson to the Town Attorney for
prosecution in the Firestone Municipal Court, or to the District Attorney for prosecution in the
County or District Courts. The Town may also request that the Fire District prosecute an
enforcement action in District Court, utilizing the District's legal counsel.
13. NOTIFICATION; LONG RANGE PLANNING. The Fire District shall
provide to the Town Administrator a complete copy of the agenda and meeting packet (excluding
confidential information) for each Fire District meeting at the time the agenda and meeting
packet are distributed to the Fire District Board. In order to better perform their obligations
under this Agreement, the Town and the District shall develop long-range strategic planning for
the District's provision of Fire Services within the Town, including the identification of
additional fire station locations. Whenever possible, the Town will assist the District in securing
property that has been mutually identified for a fire station location. The Parties will make every
effort to include each other in any long-range planning sessions on topics of special concern to
the Parties.
14. COOPERATIVE ARSON INVESTIGATIONS. The Parties agree to
cooperate in investigating all fires of suspicious origin. The Fire District shall determine the
cause and origin of all fires. Immediately upon determining that a fire is of suspicious origin, the
Fire District shall preserve the scene and shall present the facts of its investigation to the
Firestone Police Department, which shall have primary responsibility for investigation of the
case.
15. DISASTER EMERGENCY SERVICES. The Fire District shall assist the
Town in providing for disaster preparedness. The Parties shall by separate written agreement
provide for cooperation in disaster prevention, preparedness, response, and recovery.
16. RESERVATION OF RIGHTS. Nothing in this Agreement shall prevent the
Fire District from including within its jurisdiction property not within the Town's jurisdiction.
Similarly, nothing in this Agreement shall prevent the Town from annexing property that lies
outside the Fire District's jurisdiction; however, each party recognizes and agrees that each shall
first satisfy itself that it has complied with the terms and intent of this Agreement prior to
proceeding with annexation or inclusion of property that will not be included or annexed into the
jurisdiction of the other.
17. TERM AND EXTENSION OF AGREEMENT.
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a. The term of this Agreement shall be ten (10) years.
b. This Agreement shall automatically renew for two (2) subsequent periods of ten
(10) years after the initial term of this Agreement, unless the Fire. District or the Town shall give
written notice of intent not to renew a minimum of one (1) year prior to the expiration of a term
including, as applicable, the initial term and any renewal term. Failure by either Party to give
written notice shall operate as a renewal only for the term immediately following, and not any
subsequent terms. Either party may terminate this Agreement upon one-year advance written
notice to the other party.
18. SEVERABILITY.
a. If any portion of this Agreement shall be determined by a court of competent
jurisdiction to be invalid, illegal, or unconstitutional, such determination shall not affect the
validity of the remainder of the Agreement.
b. If the validity, legality or constitutionality or performance of any portion of this
Agreement shall be impeded or otherwise affected by any change in pertinent law or order of
court, it is the desire and intent of the Parties to perform and comply with this Agreement as
nearly as possible according to its spirit and expressed intent until the parties agree to changes
consistent with and in accordance with the change in law or Court order, as applicable.
•
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19. PLANNING FOR PERFORMANCE. The Fire District and the Town each
acknowledge and understand that the other will henceforth engage in financial and other
necessary planning and will otherwise act in expectation of and reliance upon complete good
faith, cooperation and reasonable performance of the terms of this Agreement by the other.
20. AMENDMENT. This Agreement may only be modified or amended by written
agreement duly signed by both Parties.
21. BINDING EFFECTS. This Agreement shall be binding upon and shall inure to
the benefit of the Parties, their successors and assigns.
22. NOTICES. Any notice required hereunder shall be in writing and shall be
sufficient if deposited in the United States mail, postage prepaid to:
District: President of the Board of Directors
Frederick -Firestone Fire Protection District
31 Walnut Drive
Frederick, Colorado 80530
Town: Town Administrator
Town of Firestone
151 Grant Avenue
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Firestone, Colorado 80520
Such notice shall be deemed to have been given when deposited in the United States mail.
23. ASSIGNMENT. Neither party shall assign any of the rights nor delegate any of
the duties created by this Agreement without the written consent of the other party.
24. GOVERNING LAW AND VENUE. The laws of the State of Colorado shall
govern this Agreement. Venue for any action arising under this Agreement or for the
enforcement of this Agreement shall be in the appropriate court for Weld County, Colorado.
25. FUND AVAILABILITY. Financial obligations of the Parties after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available.
26. PAYMENTS TO CONSTITUTE CURRENT EXPENDITURES. The Parties
acknowledge and agree that all payment obligations under this Agreement are current
expenditures of the Parties, payable in the fiscal year for which funds are appropriated for the
payment thereof. All financial obligations under this Agreement shall be from year to year only
and shall not constitute a multiple -fiscal year direct or indirect debt or other financial obligation
of the Parties within the meaning of Article X, Section 20 of the Colorado Constitution.
27. NO THIRD PARTY BENEFICIARIES; NO WAIVER OF IMMUNITY. It
is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to
Parties and nothing contained in this Agreement shall give or allow any such claim or right of
action by any other third party on such Agreement. It is the express intention of Parties that any
person other than Parties receiving Fire Services or benefits under this Agreement shall be
deemed to be an incidental beneficiary only. Neither the Fire District nor the Town by this
Agreement waives or intends to waive as to any third party the monetary limitations (presently
$150,000 per person and $600,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., 10
C.R.S., as from time to time amended, or otherwise available to the Parties and their respective
Directors, officers and employees
IN WITNESS WHEREOF, the undersigned have set their hands effective the day and
year first above written.
FREDERICK FIRESTONE FIRE
PROTECTION DISTRICT
President of the Board
9
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ATTEST:
`Secretary
•
Le CC�.I G
Judy He wood
✓town Clerk
TOWN OF FIRESTON
Michael P. Simone
Mayor
E F I RE 1l pi
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ip,/
APPROVED ASc 31ORrS1t :O
51S�L =
Town Nttorney ¢':OC �O�O
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Attorney for4heFire District
0/23/03 11:22 AMIaj11F U111icc iresioneaAnreement'FFFPD-TawnIGA (Final Version 10-23-03)
10
RESOLUTION NO. 12-19
A RESOLUTION APPROVING RENEWAL OF THE INTERGOVERNMENTAL
AGREEMENT REGARDING FIRE SERVICES WITH THE FREDERICK -FIRESTONE FIRE
PROTECTION DISTRICT
WHEREAS, the Town of Firestone ("Town") and the Frederick -Firestone Fire Protection
District ("District") entered into that certain Intergovernmental Agreement Between the
Frederick -Firestone Fire Protection District and the Town of Firestone Regarding Fire Services
("IGA") on October 30, 2003 for fire protection and emergency services within the boundaries of
the Town; and
WHEREAS, the IGA will renew on October 30, 2013 for a new ten-year term, unless the
Town provides the District with written notice of termination prior to October 30, 2012; and
WIIEREAS, the District has met all fire protection and emergency service needs within
the boundaries of the Town as those boundaries have grown since 2003; and
WHEREAS, the Town desires to continue its relationship with the District by renewing
the IGA for fire protection and emergency services, pursuant to its terms and conditions.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The Board of Trustees hereby approves renewal of the Intergovernmental
Agreement Between the Frederick -Firestone Fire Protection District and the Town of Firestone
Regarding Fire Services for the provision of fire protection and emergency services within the
boundaries of the Town, as those boundaries may change from time to time, for a ten-year term
to expire October 30, 2023. The foregoing shall not affect any party's right to earlier terminate
said Agreement as provided therein.
Section 2. This resolution shall be become effective immediately upon adoption.
Section 3. All other resolutions or portions thereof previously adopted that are
inconsistent or conflicting with this resolution or portion hereof are hereby repealed to the extent
of such inconsistency or conflict.
INTRODUCED, READ, and ADOPTED this 25th day of July, 2012.
ATTEST:
i`T0WN\
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Rebecca Tobcrman, Town Clerk
TOWN OF FIRESTONE, COLORADO
Paul Sorensen, Mayor Pro-tem
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1212956.1
Esther Gesick
*prom:
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Subject:
Esther
Try this ...
Kim Ogle
Planner III
Department of Planning
1555 North 17th Avenue
Greeley, Colorado 80631
Direct: 970.353.6100 x 3549
Office: 970.353.6100 x 3540
Facsimile: 970.304.6498
Kim Ogle
Wednesday, January 02, 2013 3:31 PM
Esther Gesick
FW: PUDF12-0003 - Mountain View FPD
•nfidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Heidi Hansen
Sent: Wednesday, January 02, 2013 2:39 PM
To: Kim Ogle
Subject: RE: PUDF12-0003 - Mountain View FPD
Looks great
Heidi Hansen, P.E., CFM
Engineer III
Weld County Public Works
1111 H Street
Greeley, CO 80632
970-304-6496 ext. 3745
I
1
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
•otected from disclosure. If you have received this communication in error, please immediately notify sender by return
mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Kim Ogle
Sent: Wednesday, January 02, 2013 2:35 PM
To: Heidi Hansen
Subject: RE: PUDF12-0003 - Mountain View FPD
Heidi
How does this sound?
It is the intention that the detention volume requirements for Lot 2, Baldridge P.U.D., First Filing, First
Replat have been accommodated with the detention pond volumes provided with Lot 1, Bald ridge
P.U.D., First Filing, First Replat based on Weld County drainage design criteria current at the time of
recording the final plat for Baldridge P.U.D., First Filing, First Replat and based on the approved final
drainage, erosion control and water quality report for Baldridge P.U.D., First Filing, First Replat. The
Master Drainage Plan for Lots 1 and 2 of Baldridge P.U.D., First Filing, First Replat shall be reviewed
at time of Site Plan Review for any development of Lot 2.
Kim Ogle
fanner III
Department of Planning
1555 North 17th Avenue
Greeley, Colorado 80631
Direct: 970.353.6100 x 3549
Office: 970.353.6100 x 3540
Facsimile: 970.304.6498
TS
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Heidi Hansen
Sent: Wednesday, January 02, 2013 1:16 PM
To: Kim Ogle
Subject: RE: PUDF12-0003 - Mountain View FPD
�o you have that language from the applicant? Use that and then add that sentence you wrote down about the Master
Drainage Report will be reviewed with the development of Lot 2
2
Heidi Hansen, P.E., CFM
Engineer III
Weld County Public Works
lit11 H Street
ee/ey, CO 80632
970-304-6496 ext. 3745
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Kim Ogle
Sent: Wednesday, January 02, 2013 1:15 PM
To: Esther Gesick
Cc: Heidi Hansen
Subject: RE: PUDF12-0003 - Mountain View FPD
eidi?
Kim Ogle
Planner III
Department of Planning
1555 North 17th Avenue
Greeley, Colorado 80631
Direct: 970.353.6100 x 3549
Office: 970.353.6100 x 3540
Facsimile: 970.304.6498
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
Esther Gesick
Sent: Wednesday, January 02, 2013 11:59 AM
3
To: Kim Ogle; Heidi Hansen
Subject: PUDF12-0003 - Mountain View FPD
aipm or Heidi,
Please e-mail me the final language for Condition #1.E.4. Thanks!
Esther E. Gesick
Deputy Clerk to the Board/Office Manager
1150 O Street' P.O. Box 758'Greeley, CO 80632
tel: (970) 336-7215 X4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
•
•
4
Hello