HomeMy WebLinkAboutFORT COLLINS COLORADO TEMPLE - Filed DA-DEVELOPMENT AGREEMENT - 2014-02-26RECEPTION#: 20140007733, 02/14/2014 at
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Angela Myers, Clerk & Recorder, Larimer
County, CO
DEVELOPMENT AGREEMENT
THIS DEVELOPM NT AGREEMENT (the "Agreement"), is made and entered
into this zoo" day of 2013, by and between the CITY OF FORT
COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City";
and CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS
CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole, hereinafter referred to as
the "Developer."
WITNESSETH:
WHEREAS, the Developer is the owner of certain real property situated in the
County of Larimer, State of Colorado (hereafter sometimes referred to as the "Property"
or "Development") and legally described as follows, to wit:
Fort Collins Colorado Temple, located in Section 17, Township 6 North, Range
68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of
Colorado.
WHEREAS, the Developer desires to develop the Property and has submitted to
the City all plats, plans (including utility plans), reports and other documents required for
the approval of a final plan according to the City's development application submittal
requirements master list (the "Final Development Plan Documents") copies of which are
on file in the office of the City Engineer and made a part hereof by reference; and
WHEREAS, the parties hereto have agreed that the development of the Property
will require increased municipal services from the City in order to serve such area and
will further require the installation of certain improvements primarily of benefit to the
Property and not to the City of Fort Collins as a whole; and
WHEREAS, the City has approved the Final Development Plan Documents
submitted by the Developer, subject to certain requirements and conditions, which
involve the installation of and construction of utilities and other municipal improvements
in connection with the development of the Property.
NOW, THEREFORE, in consideration of the promises of the parties hereto and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, it is agreed as follows:
City Clerk's Office, Fort Collins, Colorado ✓
access, utilities and drainage shall be dedicated to the public and clearly shown on the
plat.
7. Notwithstanding any provision herein to the contrary, the Developer
shall be responsible for all costs for the initial installation of traffic signing and striping
for this Development, including both signing and striping related to the Developer's
internal street operations and the signing and striping of any adjacent or adjoining local,
collector or arterial streets that is made necessary because of the Development.
8. Following completion of all public infrastructure improvements, the
Developer shall continue to have responsibility for maintenance and repair of said
improvements in accordance with Section 3.3.2(C) of the Land Use Code of the City.
E. Natural Resources
1. The Final Development Plan Documents identify areas within the
Property which are not to be disturbed in order to prevent environmental damage to the
natural habitats or features in the ("Natural Habitat Buffer Zone"), except for the
purposes allowed within the Final Development Plan Documents, which activities are
allowable under Section 3.4.1 (E). Neither the Developer nor its contractor shall intrude
upon, remove, fill, dredge, build upon, degrade or otherwise alter natural habitats and
features unless identified in the Final Development Plan Documents.
2. The Developer agrees that, in order to comply with Section 3.4.1 of
the Land Use Code, the 0.41 acres of wetlands on the site will be filled and mitigated
through 2.13 acres of wetland, tallgrass prairie, and shortgrass prairie, as described on
Exhibit "E" attached hereto, which will be monitored in accordance with the Natural
Habitat Buffer Zones Mitigation and Monitoring Plan prepared by Western Ecological
Resources, Inc. and attached to this Agreement as Exhibit "C". Developer shall provide
to the City prior to issuance of the Development Construction Permit an acceptable form
of security (cash, bond, or letter of credit) to guarantee completion of the monitoring
outlined in the above -referenced plan. An estimate for said monitoring shall prepared by
the Developer and approved by the City. The City shall return the security to the
Developer upon completion of the monitoring term as provided in the Natural Habitat
Buffer Zones Mitigation and Monitoring Plan.
3. The Developer shall ensure that all landscaping with the Natural
Habitat Buffer Zone is properly maintained for a three (3) year period following
construction thereof to ensure that the vegetation is fully established.
a. The status and effectiveness of the vegetation shall be evaluated
and the results reported to the City of Fort Collins Environmental
Planner, Planning Department annually for review.
b. Developer shall provide to the City prior to the issuance of any
Certificate of Occupancy an acceptable form of security (cash,
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bond, letter of credit) to guarantee completion of the buffer zone
landscape improvements. An estimate for said improvements
shall be prepared by the Developer and approved by the City.
Said estimate of landscape improvements shall constitute plan
material and irrigation system improvements at 67% of the
construction value to be held until said landscape improvements
are constructed and accepted by the City. The City shall return
the security to the Developer upon the Developer's installation of
the landscape improvements and the City's acceptance thereof. If
the uplands have not been established in accordance with the
approved plans, then the Developer shall promptly take such
steps as are necessary (and present to the city Environmental
Planner a written proposal of steps and timing) to bring the buffer
zone into conformance with the approved plans. If the Developer
does not take action to bring the buffer zone plantings into
conformance with the approved plans, the City shall use the
security provided by the Developer to install said landscape
improvements and the Developer shall forfeit any right to the
security.
4. Fueling facilities shall be located at least one hundred (100) feet
from any natural body of water, wetland, natural drainage way or manmade drainage
way. The fuel tanks and fueling area must be set in a containment area that will not
allow a fuel spill to directly flow, seep, run off, or be washed into a body of water,
wetland or drainage way.
5. The Developer shall delineate the portions of the Property adjacent
to all Limits of Development (L.O.D.) as defined by Article V, Section 5.1.2 of the Land
Use Code, including boundaries around eAsting trees that are to be undisturbed, with
orange construction fence prior to any type of construction, including overiot grading.
6. If the commencement of development activities occurs between
February 15 and July 15 of the calendar year, a raptor nest clearance survey shall be
conducted by a wildlife biologist to verify the raptor nest located to the west of the
project can be removed. If a Red-tailed hawk or Swainson's hawk's nest is active during
the survey, then a temporary Limits of Development shall be established around the
nest site from February 15 through July 15 of the first year of the development
construction project and a permit for removal of the tree after this time period shall be
obtained from the United States Fish and Wildlife Service.
F. Soil Amendment
1. In all areas associated with this Development that are to be
landscaped or planted in accordance with the Final Development Plan Documents, and
do not require a building permit, the soils shall be loosened and amended by the
Developer in accordance with Section 3.8.21 of the Land Use Code prior to the
issuance of any certificate of occupancy in this Development. Completion of soil
amendments shall include certification by the Developer that the work has been
completed. This certification shall be submitted to the City at least two (2) weeks prior
to the date of issuance of any certificate of occupancy in this Development.
G. Ground Water, Subdrains and Water Rights
1. The City shall not be responsible for, and the Developer (for itself
and its successor(s) in interest) hereby agrees to indemnify and hold harmless the City
against any damages or injuries sustained in the Development as a result of ground
water seepage or flooding, structural damage, or other damage unless such damages
or injuries are proximately caused by the City's negligent operation or maintenance of
the City's storm drainage facilities in the Development. However, nothing herein shall
be deemed a waiver by the City of its immunities, defenses, and limitations to liability
under the Colorado Governmental Immunity Act (Section 24-20-101 CRS, et. seq.) or
under any other law.
2. If the Development includes a subdrain system, any such subdrain
system, whether located within private property or within public property such as street
rights -of -way or utility or other easements, shall not be owned, operated, maintained,
repaired or reconstructed by the City and it is agreed that all ownership, operation,
maintenance, repair and reconstruction obligations shall be those of the Developer or
the Developer's successor(s) in interest. Such subdrain system is likely to be located
both upon private and public property and, to the extent that it is located on public
property, all maintenance, operation, repair or reconstruction shall be conducted in such
a manner that such public property shall not be damaged, or if damaged, shall, upon
completion of any such project, be repaired in accordance with then existing City
standards. The City shall not be responsible for, and the Developer, for itself and its
successor(s) in interest, hereby agrees to indemnify and hold harmless the City against
any damages or injuries sustained in the Development as the result of groundwater
seepage or flooding, structural damage or other damage resulting from failure of any
such subdrain system.
3. Without admitting or denying any duty to protect water rights, the
Developer, for itself and its successor(s) in interest, hereby agrees to indemnify and
hold harmless the City against any damages or injuries to water rights caused, directly
or indirectly by the construction, establishment, maintenance or operation of the
Development.
4. The City agrees to give notice to the Developer of any claim made
against it to which the foregoing indemnities and hold harmless agreements by the
Developer could apply, and the Developer shall have the right to defend any lawsuit
based on such claim and to settle any such claim provided the Developer must obtain a
complete discharge of all City liability through such settlement. Failure of the City to
give notice of any such claim to the Developer within ninety (90) days after the City first
receives notice of such claim under the Colorado Governmental Immunity Act for the
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same, shall cause the forgoing indemnities and hold harmless agreements by the
Developer to not apply to such claim and such failure shall constitute a release of the
foregoing indemnities and hold harmless agreements as to such claim.
H. Hazards and Emergency Access
1. No combustible material will be allowed on the site until a
permanent water system is installed by the Developer and approved by the City.
2. Prior to beginning any building construction, and throughout the
build -out of this Development, the Developer shall provide and maintain at all times a
reasonable accessway to each building. Such accessway shall be adequate to handle
any emergency vehicles or equipment, and the accessway shall be kept open during all
phases of construction. Such accessway shall be constructed to an unobstructed width
of at least 20 feet with 4 inches of aggregate base course material compacted according
to city standards and with an 100 foot diameter turnaround at the building end of said
accessway. The turnaround is not required if an exit point is provided at the end of the
accessway. Prior to the construction of said accessway, a plan for the accessway shall
be submitted to and approved by the Poudre Fire Authority and City Engineer. (Three
plan sets shall be submitted to the Poudre Fire Authority at 102 Remington Street for
review and processing.) If such accessway is at any time deemed inadequate by the
Poudre Fire Authority or City Engineer, the accessway shall be promptly brought into
compliance and until such time that the accessway is brought into compliance, the City
and/or the Poudre Fire Authority may issue a stop work order for all or part of the
Development.
Footing and Foundation Permits
1. The Developer shall have the right to obtain Footing and
Foundation permits upon the issuance of a Development Construction Permit. No full
building permit for the construction of any structure within the Property shall be issued
by the City until adequate water supply for fire suppression activities is in place and
access to the site is secured as determined by the City and Poudre Fire Authority.
J. Development Construction Permit
1. The Developer shall apply for and obtain a Development
Construction Permit for this Development, in accordance with Division 2.6 of the Land
Use Code, prior to the Developer commencing construction. The Developer shall pay
the required fees for said Permit and construction inspection, and post security to
guarantee completion of the public improvements required for this Development, prior to
issuance of the Development Construction Permit.
K. Maintenance and Repair Guarantees
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1. The Developer agrees to provide a two-year maintenance
guarantee and a five-year repair guarantee covering all errors or omissions in the
design and/or construction of the public improvements required for this Development,
which guarantees shall run concurrently and shall commence upon the date of
completion of the public improvements and acceptance thereof by the City. More
specific elements of these guarantees are noted in Exhibit "D." Security for the
maintenance guarantee and the repair guarantee shall be as provided in Section
3.3.2(C) of the Land Use Code. Notwithstanding the provisions of paragraphs III (H)
and (1) of this Agreement to the contrary, the obligations of the Developer pursuant to
this paragraph and Exhibit "D" may not be assigned or transferred to any other person
or entity unless the warranted improvements are completed by, and a letter of
acceptance of the warranted improvements is received from the City by, such other
person or entity.
Miscellaneous
A. The Developer agrees to provide and install, at its expense, adequate
barricades, warning signs and similar safety devices at all construction sites within the
public right-of-way and/or other areas as deemed necessary by the City Engineer and
Traffic Engineer in accordance with the City's "Work Area Traffic Control Handbook"
and shall not remove said safety devices until the construction has been completed.
B. As required pursuant to Chapter 20, Article IV of the City Code, the
Developer shall, at all times, keep the public right-of-way free from accumulation of
waste material, rubbish, or building materials caused by the Developer's operation, or
the activities of individual builders and/or subcontractors; shall remove such rubbish as
often as necessary, but no less than daily and; at the completion of the work, shall
remove all such waste materials, rubbish, tools, construction equipment, machinery,
and surplus materials from the public right-of-way. The Developer further agrees to
maintain the finished street surfaces so that they are free from dirt caused by the
Developer's operation or as a result of building activity. Any excessive accumulation of
dirt and/or construction materials shall be considered sufficient cause for the City to
withhold building permits and/or certificates of occupancy until the problem is corrected
to the satisfaction of the City Engineer. If the Developer fails to adequately clean such
streets within two (2) days after receipt of written notice, the City may have the streets
cleaned at the Developer's expense and the Developer shall be responsible for prompt
payment of all such costs. The Developer also agrees to require all contractors within
the Development to keep the public right-of-way clean and free from accumulation of
dirt, rubbish, and building materials.
C. The Developer hereby agrees that it will require its contractors and
subcontractors to cooperate with the City's construction inspectors by ceasing
operations when winds are of sufficient velocity to create blowing dust which, in the
inspector's opinion, is hazardous to the public health and welfare.
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D. The Developer shall, pursuant to the terms of this Agreement, complete all
improvements and perform all other obligations required herein, as such improvements
or obligations may be shown on the Final Development Plan Documents, or any
documents executed in the future that are required by the City for the approval of an
amendment to a development plan, and the City may withhold (or to the extent
permitted by law, revoke) such building permits and certificates of occupancy as it
deems reasonably necessary to ensure performance in accordance with the terms of
this Agreement. The processing and "routing for approval" of the various development
plan documents may result in certain of said documents carrying dates of approval
and/or execution that are later than the date of execution of this Agreement. The
Developer hereby waives any right to object to any such discrepancy in dates.
E. Nothing herein contained shall be construed as a waiver of any
requirements of the City Code or the Land Use Code and the Developer agrees to
comply with all requirements of the same.
F. In the event the City waives any breach of this Agreement, no such waiver
shall be held or construed to be a waiver of any subsequent breach hereof.
G. All financial obligations of the City arising under this Agreement that are
payable after the current fiscal year are contingent upon funds for that purpose being
annually appropriated, budgeted and otherwise made available by the Fort Collins City
Council, in its discretion.
H. This Agreement shall run with the Property, including any subsequent
replatting of all, or a portion of the Property. This Agreement shall also be binding upon
and inure to the benefit of the parties hereto, their respective personal representatives,
heirs, successors, grantees and assigns. It is agreed that all improvements required
pursuant to this Agreement touch and concern the Property regardless of whether such
improvements are located on the Property. Assignment of interest within the meaning
of this paragraph shall specifically include, but not be limited to, a conveyance or
assignment of any portion of the Developer's legal or equitable interest in the Property,
as well as any assignment of the Developer's rights to develop the Property under the
terms and conditions of this Agreement.
I. In the event the Developer transfers title to the Property and is thereby
divested of all equitable and legal interest in the Property, the Developer shall be
released from liability under this Agreement with respect to any breach of the terms and
conditions of this Agreement occurring after the date of any such transfer of interest. In
such event, the succeeding property owner shall be bound by the terms of this
Agreement.
J. Each and every term of this Agreement shall be deemed to be a material
element hereof. In the event that either party shall fail to perform according to the terms
of this Agreement, such party may be declared in default. In the event that a party has
been declared in default hereof, such defaulting party shall be given written notice
15
specifying such default and shall be allowed a period of ten (10) days within which to
cure said default. In the event the default remains uncorrected, the party declaring
default may elect to: (a) terminate the Agreement and seek damages; (b) treat the
Agreement as continuing and require specific performance or; (c) avail itself of any
other remedy at law or equity.
K. In the event of the default of any of the provisions hereof by either party
which shall require the party not in default to commence legal or equitable action
against said defaulting party, the defaulting party shall be liable to the non -defaulting
party for the non -defaulting party's reasonable attorney's fees and costs incurred by
reason of the default. Nothing herein shall be construed to prevent or interfere with the
City's rights and remedies specified in Paragraph III.D of this Agreement.
L. Except as may be otherwise expressly provided herein, this Agreement
shall not be construed as or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any right of action hereunder for
any cause whatsoever.
M. It is expressly understood and agreed by and between the parties hereto
that this Agreement shall be governed by and its terms construed under the laws of the
State of Colorado and the City of Fort Collins, Colorado.
N. Any notice or other communication given by any party hereto to any other
party relating to this Agreement shall be hand -delivered or sent by certified mail, return
receipt requested, addressed to such other party at their respective addresses as set
forth below; and such notice or other communication shall be deemed given when so
hand -delivered or three (3) days after so mailed:
If to the City: Engineering Development Review
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
With a copy to: City Attorney's Office
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
If to the Developer: Corporation of the Presiding Bishop Church of Jesus Christ
of Latter -Day Saints Aft: Cory Karl
50 E. North Temple Street
Salt Lake City, UT 84150
With a copy to: Robert D. Walker
60 E. South Temple Street, Suite 1800
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Salt Lake City, LIT 84111
Notwithstanding the foregoing, if any party to this Agreement, or its successors,
grantees or assigns, wishes to change the person, entity or address to which notices
under this Agreement are to be sent as provided above, such party shall do so by giving
the other parties to this Agreement written notice of such change.
O. When used in this Agreement, words of the masculine gender shall
include the feminine and neuter gender, and when the sentence so indicates, words of
the neuter gender shall refer to any gender; and words in the singular shall include the
plural and vice versa. This Agreement shall be construed according to its fair meaning,
and as if prepared by all parties hereto, and shall be deemed to be and contain the
entire understanding and agreement between the parties hereto pertaining to the
matters addressed in this Agreement. There shall be deemed to be no other terms,
conditions, promises, understandings, statements, representations, expressed or
implied, concerning this Agreement, unless set forth in writing signed by all of the
parties hereto. Further, paragraph headings used herein are for convenience of
reference and shall in no way define, limit, or prescribe the scope or intent of any
provision under this Agreement.
P. This Agreement may be executed by any number of counterparts. Each
counterpart when executed and delivered will be deemed to be an original, and all such
counterparts shall be deemed to constitute one and the same instrument. Facsimile or
email transmission of a signed counterpart shall be deemed to constitute delivery of the
signed original.
THE CITY OF FORT COLLIN6, COLORADO,
a Municipal Corpora n
By:
City Manager
ATTEST:
FORr
City Clerk
ZLORAV
LALAPPROVED AS TO CONTENT:
00
17
APPROV D,AS TO FORM:
Deputy City Attbrney
DEVELOPER:
Corporation of the Presiding Bishop of The
Church of Jesus Christ of Latter-day Saints, a
Utah corwation sole
By:
Cory Karl
Its: Authorized Agent
STATE OF UTAH )
) ss.
COUNTY OF SALT LAKE )
The foregoing instrument was acknowledged before me this -24" day of
�20j.-,;�_, by Cory Karl as Authorized Agent for the Corporation of the Presiding
Bishop of The Church of Jesus Christ of Latter-day Saints, a Utah corporation sole
My Commission Expires: f J&,,*u Z01L
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milrelPTILM
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ANN HUFFINES
iIOR W PUKIC-STATE E@@OFUPM
MVComm. EXP.01M112016
CanwnhNon # 651118
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EXHIBIT "A"
Schedule of electrical service installation.
Electrical lines need to be installed prior to the installation of the sidewalk, curb
returns, handicap ramps, paving and landscaping. If the Developer installs any curb
return, sidewalk or handicap ramp prior to the installation of electrical lines in an area
that interferes with the installation of the electrical line installation, the Developer shall
be responsible for the cost of removal and replacement of those items and any
associated street repairs.
2. Schedule of water lines to be installed out of sequence.
Not Applicable.
3. Schedule of sanitary sewer lines to be installed out of sequence.
Not Applicable.
4. Schedule of street improvements to be installed out of sequence.
Not Applicable
5. Schedule of storm drainage improvements to be installed out of sequence.
Not Applicable.
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General Conditions
A. The terms of this Agreement shall govern all development activities of the
Developer pertaining to the Property. For the purposes of this Agreement,
"development activities" shall include, but not be limited to, the following: (1) the actual
construction of improvements, (2) obtaining a permit therefor, or (3) any change in
grade, contour or appearance of the Property caused by, or on behalf of, the Developer
with the intent to construct improvements thereon.
B. All water lines, sanitary sewer collection lines, storm sewer lines and
facilities, streets, curbs, gutters, sidewalks, and bikepaths shall be installed as shown on
the Final Development Plan Documents and in full compliance with the standards and
specifications of the City on file in the office of the City Engineer at the time of approval
of the utility plans relating to the specific utility, subject to a three (3) year time limitation
from the date of approval of the site specific development plan. In the event that the
Developer commences or performs any construction pursuant hereto after the passage
of three (3) years from the date of approval of the site specific development plan, the
Developer shall resubmit the utility plans to the City Engineer for reexamination. The
City may then require the Developer to comply with the approved standards and
specifications of the City on file in the office of the City Engineer at the time of the
resubmittal.
C. No building permit for the construction of, any structure within the Property
shall be issued by the City until the public water lines and stubs to each lot, fire
hydrants, electrical lines, sanitary sewer lines and stubs to each lot, and public streets
(including curb, gutter, and pavement with at least the base course completed) serving
such structure have been completed and accepted by the City. No building permits
shall be issued for any structure located in excess of six hundred and sixty feet (660')
from a single point of access, unless the structures contain sprinkler systems that are
approved by the Poudre Fire Authority.
D. Any water lines, sanitary sewer lines, storm drainage lines, electrical lines,
and/or streets described on Exhibit 'A," attached hereto, shall be installed within the
time and/or sequence required on Exhibit "A." If the City Engineer has determined that
any water lines, sanitary sewer lines, storm drainage facilities and/or streets are
required to provide service or access to other areas of the City, those facilities shall be
shown on the Final Development Plan Documents and shall be installed by the
Developer within the time as established under "Special Conditions" in this Agreement.
E. Except as otherwise herein specifically agreed, the Developer agrees to
install and pay for all water, sanitary sewer, and storm drainage facilities and
appurtenances, and all streets, curbs, gutters, sidewalks, bikeways and other public
improvements required by this Development as shown on the Final Development Plan
2
EXHIBIT "B"
STANDARD OPERATING PROCEDURES (SOPs)
Fort Collins Colorado Temple, Fort Collins, CO
A. Purpose
In order for physical stormwater Best Management Practices (BMPs) to be effective, proper
maintenance is essential. Maintenance includes both routinely scheduled activities, as well as
non -routine repairs that may be required after large storms, or as a result of other unforeseen
problems. Standard Operating Procedures (SOPs) should cleariy identify BMP maintenance
responsibility. BMP maintenance Is typically the responsibility of the entity owning the BMP.
Identifying who is responsible for maintenance of BMPs and ensuring that an adequate budget
is allocated for maintenance is critical to the long-term success of BMPs. Maintenance
responsibility may be assigned either publicly or privately. For this project, the privately owned
BMPs shown In Section B below are to be maintained by the property owner, homeowner's
association (HOA), or property manager.
B. Site -Specific SOPS
The following stormwater facilities contained within the Fort Collins Colorado Temple project are
subject to SOP requirements:
- Detention Basins
- Wetland Areas
- Drainage Swale
The location of said facilities can be found on the Erosion Control Plan for the Fort Collins
Colorado Temple. Site specific features are listed below:
Detention Basin
Northeast Pond
Southwest Pond
Inspection and maintenance procedures and frequencies, specific maintenance requirements
and activities, as well as BMP-specific constraints and considerations shall follow the guidelines
outlined In Volume 3 of the urban Drainage and Flood Control District (UDFCD) Urban Storm
Drainage Criteria Manual.
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VIS MnuanP MOR.rf .00u.ay..a..•vv .
Required Action
Maintenance Ob ecttve
Frequency of Action
Lawn mowing and Lawn care
Occasional mowing to timN unwanted
Routine — Depending on aesthetic
vegetation. Maintain irrigated turf
requirements.
grass as 2 to 4 inches tail and
nonirrigated native turf grasses at 4 to
6 inches.
Address odor, insects, and
Nonroutine — Handle as
Nuisance control
overgrowth issues associated with
necessary per inspection or local
stagnant or standing water In the
complaints.
bottom zone.
Debris and Litter removal
Remove debris and litter from the
Routine —Inducting just before annual
entire pond to minimize outlet dogging
storm seasons (that Is, Apra and May),
and improve aesthetics.
end of storm season after leaves have
fallen, and following significent rainfall
events.
Erosion and sediment
Repair and revagetate eroded areas in
Noreoutine — Periodic and repair
Control
the basin and channels.
as necessary based on inspection.
Sediment ramovel
Remove accumulated sediment from
Nonroutino — Performed when
the bottom of the basin.
sediment accumulation occupies 20
percent of the WOM This may vary
considerably, but expect to do this
every 10 to 20 years, as necessary per
inspection If no construction activities
take place In the tributary watershed.
More often If !hff do.
Structural
Repair pond inlets, outlets, forebays,
Nonroutine — Repair as needed
low flow channel liters. and energy
based on regular inspections.
disstpators whenever damage Is
discovered.
Inspections
Inspect basins to insure that the basin
Routine— Annual inspection of
continues to function as Initially
hydraulic and structural facilities. Also
Intended. Examine the outlet for
check for obvious problems during
clogging. erosion. slumping, excessive
routine maintenance visits, especially
sedimentation levels, overgrowth.
for plugging of outlets.
embankment and spillway Integrity and
damage to any structural element.
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Wetiand Maintenance Plan
R Ired Action
Maintenance Objective
Fr*au*ncy of Action
Lawn mowing and lawn care
Mow occasionally to Omit unwanted
Routine - Depending on aesthetic
vegetation. Maintain irrigated turf
requirements.
grass at 2 to 4 Inches tall and
nonirrigated native turf grasses at 4 to
6 inches.
Debris and Litter removal
Remove debris and litter from entire
Routine - Including just before
pond to minimize outlet dogging and
annual stone seasons (that is, In
aesthetics. Ind ude removal of
April and May) and following
flostablo material from the pond's
significant rainfall events.
surface.
Inspections
Observe inlet and outlet works for
Routine - At We once a year,
operability. Verify, the structural
preferably once during one rainfall
Integrity of all structural elements,
event resulting In runoff.
slopes, and embankments.
Sadimant removal
Remove accumulated sediment and
Nonroutine -Every 10 to 20 years
muck along with much of the wetland
as needed by inspection if no
growth. Re-establish growth zone
constriction activities take place in
depths and spatial distribution.
the tributary watershed. More often ff
Revegetate with original wetiand
they do.
species.
Aquatic plant harvesting
Cut and remove unwanted plants
growing in wetland (such as cattails) to
Nonroutine until further evidence
Indicates such action would provide
remove nutrients permanently with
significant nutrient removal. In the
manual work or specialized machinery.
meantime, perform this task once
every 5 years or less frequently as
needed to clean the wetland zone out.
Grass / Seeded Areas Maintenance Plan
Required Action
Maintenance Objective
Frequency of Action
Lawn mowing and Lavin care
Maintain irrigated grass at 2 to 4
Routine -As needed or
Inches tall and nonirrigated native
recommended by inspection.
grass at 6 to 8 Inches tail. Collect
cuttings and dispose of them offsite or
use a mulching mower.
Deb- and titter removal
Remove Otter and debris to prevent
Routine - As needed by inspection.
gully development, enhance
aesthetics, and prevent fioatables from
being washed o(felte.
Inspections
inspect irrigation, turf grass density,
Annually and after each major storm
flow distribution, gully development,
(that is, larger than 0.75 inches in
and traces of pedestrian or vehicular
preclotatlon).
traffic and request repairs as needed.
Lawn lore
Use the minimum amount of
Routine - As needed.
biodegradable, nontoxic fertinzers and
herbicides needed to maintain dense
grass cover, free of weeds. Reseed
and patch damaged areas.
Irrigation
Adjust the timing sequence and water
As needed.
cover to maintain the required
minimum soil moisture for dense grass
growth. Do not overwater.
22
EXHIBIT "C"
Natural Habitat Buffer Zones
Mitigation &Monitoring Plan
LDS Property
Larimer County, Colorado
Landmark Engineering Ltd.
3521 W. Eisenhower Blvd., Loveland, Colorado 80537
John Stoddard
Church of Jesus Christ of Latter Day Saints
50 East North Temple Street, 1 & Floor, Salt Lake City, Utah 84150
prepwW
Western Ecological Resource, Inc.
711 Walnut Street, Boulder, Colorado 80302
November 2013
23
Table of Contents
Section / Title
Page
1.0 Introduction...........................................................................................................................1
2 n Fnvironmental Settinsz.............................................................................................................1
'A n Sniithwest Natural Habitat......................................................................................................1
1 1 Habitat Tvnes to Create......................................................................................................1
3.2 Site Characteristics..............................................................................................................1
3.3 Wetland.............................................................................................................................2
3.3.1 Landform & Soils..........................................................................................................2
3.3.2 Hydrology....................................................................................................................2
3.3.3 Vegetation...................................................................................................................2
3.4 Tallgrass Prairie..................................................................................................................2
3.4.1 Landform & Soils..........................................................................................................2
3.4.2 Hydrology....................................................................................................................2
3.4.3 Vegetation...................................................................................................................2
3.5 Shortgrass Prairie................................................................................................................2
3.5.1 Landform, Soi Is & Nutrients.........................................................................................2
3.4.2 Hydrology....................................................................................................................3
3.4.3 Vegetation...................................................................................................................3
4.0 Northeast Natural Habitat.......................................................................................................3
4.1 Natural Habitats to Create...................................................................................................3
4.2 Site Characteristics..............................................................................................................3
4.3 Wetland.............................................................................................................................3
4.3.1 Landform & Soils..........................................................................................................3
4.3.2 Hydrology....................................................................................................................3
4.3.3 Vegetation...................................................................................................................3
4.4 Tallgrass Prairie..................................................................................................................4
4.4.1 Landform & Soils ..........................................................................................................4
4.4.2 Hydrology....................................................................................................................4
4.4.3 Vegetation...................................................................................................................4
4.5 Shortgrass Prairie................................................................................................................4
4.5.1 Landform & Soils..........................................................................................................4
4.5.2 Hydrology....................................................................................................................4
4.5.3 Vegetation..................:................................................................................................4
5.0 Maintenance & Monitoring Plan.............................................................................................5
5.1 Success Criteria..................................................................................................................5
5.2 Maintenance Activities........................................................................................................6
5.2.1 Tree, Shrub & Herbaceous Plantings.............................................................................6
5.2.2 Vegetation Cover & Composition.................................................................................6
5.2.3 Weeds.........................................................................................................................6
5.2.4 Erosion.........................................................................................................................6
5.2.5 Human or Animal Use.................................................................................................6
5.2.6 City Review.................................................................................................................6
5.3 Monitoring Activities..........................................................................................................6
5.3.1 Trees, Shrubs & Herbaceous Plantings..........................................................................6
5.3.2 Vegetation Cover & Composition.................................................................................6
5.3.3 Weeds.........................................................................................................................7
5.3.4 Erosion.........................................................................................................................7
5.3.5 Human or Animal Use.................................................................................................7
5.4 As -Built Assessment Report.................................................................................................7
5.5 Annual Reports...................................................................................................................7
24
Table of Contents (continued)
Section / Title
Page
6.0 Figures...................................................................................................................................8
7.0 Tables..................................................................................................................................13
8.0 References...........................................................................................................................18
25
List of Figures
Number / Title
Figure 1. Project Location Ma..............................................� O
Figure2. Vicinity Map...............................................................................................................
Figure 3. Southwest Natural Habitat..........................................................................................11
Figure 4. Northeast Natural Habitat...........................................................................................12
List of Tables
Number / Title
Page
Table 1. Native Tree & Shrub Plantings.....................................................................................14
Table 2. Wetland Planting, Southwest & Northeast Natural Habitats..........................................15
Table 3. Tallgrass Prairie Seed Mix............................................................................................16
Table 4. Shortgrass Prairie Seed Mix..........................................................................................17
26
1.0 Introduction
The Church of Jesus Christ of Latter Day Saints (LDS Church) is developing plans to build a temple
on 16 acres of a ±35.5 acre parcel of land located southeast of the junction of East Trilby and
South Timberline Roads near Fort Collins in Larimer County, Colorado. Specifically, the property
is located in Section 17 of Township 6 North and Range 68 West (Figure 1). Single family
residences (20-25) would be built on the remaining 19.5 acres of the project site and the homes
would be clustered to preserve about 10 acres of open space.
This project would require the relocation of an irrigation lateral which would impact 17,775
square feet (ft2) of the lateral and adjacent wetlands. This lateral is not regulated by the U.S. Army
Corps of Engineers, but is regulated by the City of Fort Collins. The City requires mitigation of
impacts to the lateral and its adjacent wetlands. Mitigation for this impact includes the creation of
two Natural Habitat Buffer Zones on the LDS Property. They include the Southwest Natural
Habitat, which will have a detention pond with wetlands and a tallgrass prairie surrounded by a
shortgrass prairie with shrubs and trees, and the Northeast Habitat, which will have a wetland
pond, a detention pond with a tallgrass prairie, and a surrounding shortgrass prairie with shrubs
and trees. Each Natural Habitat is discussed below in. Sections 3.0 and 4.0.
Please note, details on tree and shrub plantings in the Natural Habitats will be provided by the
landscape contractor. Table 1 identifies trees and shrubs appropriate for the Natural Habitats as
well as the number to plant.
2.0 Environmental Setting
The LDS property is located in Larimer County near the City of Fort Collins (Figure 2). The
Westchase PUD occurs to the north across East Trilby Road and single family homes occur to the
west across South Timberline Road. Areas to the south and east are undeveloped agricultural
lands amid a few single family residences. The topography of the site slopes gently to the
southeast from a high of 4,923 feet to a low of 4,910. The. property has no streams or ponded
water. An elevated irrigation lateral extends south and then east across the landscape. The
property has an agricultural land use history and is currently used to grow pasture grasses and
alfalfa. The hayfields are flood irrigated from the lateral. One single family residence is located
on the property east of South Timberline Road. Agricultural and residential land uses have
eliminated all of the native vegetation from the project site.
3.0 Southwest Natural Habitat
3.1 Habitat Types to Create
This 0.86 acre Natural Habitat will have a 2,616 ft2 wetland and a 2,451 ft2 tallgrass prairie in the
bottom of the detention pond, and a surrounding 0.74 acre native prairie with shrubs and trees.
3.2 Site Characteristics
As described in the Soil Survey of the Larimer County Area, Colorado (Moreland, 1980), the
Southwest Natural Habitat site is characterized by the Fort Collins loam, a deep, well -drained soil
that formed in alluvium. A representative profile of this soil has five inches of light gray loam over
a 19 inch thick subsoil consisting of brown and pale brown loam. The top 12 inches of this soil
will be stripped, stockpiled and used for the Natural Habitats.
The native prairie vegetation of the site has been replaced by an agricultural grassland dominated
by smooth brome (Bromus inermis), alfalfa (Medicago sativa), orchardgrass (Dacty/is glomerataJ
and timothy (Phleum oratense).
27
3.3 Wetland
3.3.1 Landform & Soils
The wetland will be created in the northeast half of the detention pond. The entire wetland will
be underlain with a Bentomat clay liner. The bottom of the wetland will be at an elevation of
4,907.5 feet and be flat It will have 12 inches of topsoil and a concrete weir at an elevation of
4,908 feet.
3.3.2 Hydrology
Water for wetland development will be provided by stormwater runoff from the developed LDS
property to the north. Approximately 4.13 acres of landscape will drain to the wetland. The 2, 10
and 100 year storm events will generate flows of 5.28, 9.05, and 20.44 cubic feet per second (cfs),
respectively. Following precipitation events, the stormwater flows will saturate the 12 inch depth
of topsoil, pond water to a depth of six inches, and then flow over the weir to the tallgrass prairie
habitat. The 2 year storm event will generate enough stormwater runoff to fill the pond in about
three minutes. Between storm events, the standing water may evaporate but the soils will likely
remain moist, depending on the time between storm events.
3.3.3 Vegetation
The bottom of the wetland will be planted with 1,200 of the live plants of Table 2. The planting
would include three grasses, five rushes, one sedge, and four forbs, all common to the wetlands in
the plains of eastern Colorado. The plants will be set out on 18 inch centers.
3.4 Tallgrass Prairie
3.4.1 Landform & Soils
The 2,450 ft2 tallgrass prairie will be created in the southwestern portion of the detention pond
and will be underlain by bentomat and have 12 inches of topsoil. This habitat would have a 4:1
slope from the weir to the outlet structure.
3.4.2 Hydrology
Water for the tallgrass prairie will be provided by stormwater runoff. Stormwater will fill the pond
to an elevation of 4,908.2 feet and this water will drain in 40 hours. The soils of the pond will
likely remain moist between storm events.
3.4.3 Vegetation
The tallgrass prairie will be seeded with the seed mix of Table 3. This seed mix includes nine
grasses, one rush, one sedge, and five forbs, all common to wetlands and tallgrass prairies of
eastern Colorado.
3.5 Shortgrass Prairie
3.5.1 Landform, Soils & Nutrients
The landform of the 0.74 acre shortgrass prairie will slope to the detention pond and rise to an
elevation of 4,916 feet to create a small hill northwest of the detention pond. Fallowing grading
and establishment of the final topography, 12 inches of topsoil would be spread uniformly over
the prairie habitat and cultivated to create conditions appropriate for plant growth.
Prior to the application of the topsoil to the prairie habitat, a soil scientist will collect soil samples
and submit them for standard agronomic testing to determine any fertilizer recommendations. A
granular form of fertilizer would be used and uniformly broadcast over the soils of the prairie
habitat. In addition, granular mycorrhizae would be applied at the rate of 20 pounds per acre.
28
3.4.2 Hydrology
A belowground irrigation system will be used to facilitate seed germination and survival of trees
and shrubs in the prairie. The system will have sprinkler heads designed to irrigate the entire
seeded prairie, as well as drip irrigation on a separate zone for trees and shrubs. It is likely that
the system would be used for two years to initiate plant growth. The system would then be
abandoned, and aboveground parts would be removed, however buried pipes would remain in
place. Installation of the belowground portion of the irrigation system should occur prior to
seeding and the planting of trees and shrubs.
3.4.3 Vegetation
The prairie seed mix of Table 4 would be broadcast at the rate of 27 1/8 pounds per acre of pure
live seed and raked into the soil. This seed mix is characterized by seven native grasses and eight
native forbs common to the prairie of eastern Colorado.
Following seeding, the prairie would be hydromulched and tackified. This work should be
completed after the trees and shrubs have been planted to minimize foot traffic on top of the
hydromulch layer. The hydromulch will be applied per manufacturers specifications with a 100%
wood mat -fiber mulch applied at the rate of 2,000 pounds per acre. Startak 600 by Chemstar is to
be applied in accordance with manufacturer's directions at the rate of 100 pounds per ton of
mulch.
4.0 Northeast Natural Habitat
4.1 Natural Habitats to Create
The 1.3 acre Northeast Natural Habitat will have a 4,599 ft2 wetland in a pond, a 14,589 ft2
tallgrass prairie in the bottom of the detention pond, and 0.88 acres of a native prairie with shrubs
and trees.
4.2 Site Characteristics
The existing condition of this site is similar to that described for the Southwest Natural Habitat in
Section 2.2, i.e. it has the same soils and agricultural vegetation. Approximately 12 inches of
topsoil would be stripped, stockpiled and used for the Natural Habitats.
4.3 Wetland
4.3.1 Landform & Soils
A 4,599 ft2 wetland will be created in the bottom of a pond. The pond will be at an elevation of
4,906 feet and have a bentomat liner with 12 inches of topsoil. A concrete weir at an elevation
of 4,906.5 ft2 will result in the ponding of six inches of water.
4.3.2 Hydrology
Water for wetland development will be provided by stormwater runoff from the developed LIDS
property to the west. Approximately 4.97 acres of landscape will drain to the wetland. The 2, 10
and 100 year storm events will generate flows of 4.82, 8.28, and 21.25 cfs, respectively.
Following precipitation events, the stormwater flows will saturate the 12 inch depth of topsoil,
pond water to a depth of six inches, and then flow over the weir. The 2 year storm flow would fill
the wetland pond in 16 minutes. Between storm events, the standing water will evaporate but the
soils will likely remain moist, depending on the time between storm events.
4.3.3 Vegetation
The 4,559 4,599 ft2 wetland will be planted with 2,000 live plants of Table 2 on 18 inch centers.
This planting is characterized by three grasses, five rushes, one sedge, and four fortis.
29
Documents and other approved documents pertaining to this Development on file with
the City.
F. Street improvements shall not be installed until all utility lines to be placed
therein have been completely installed, including all individual lot service lines (water
and sewer) leading in and from the main to the property line and all electrical lines.
G. The installation of all utilities shown on the Final Development Plan
Documents shall be inspected by the Engineering Department of the City and shall be
subject to such department's approval. The Developer agrees to correct any
deficiencies in such installations in order to meet the requirements of the plans and/or
specifications applicable to such installation. In case of conflict, the Final Development
Plan Documents shall supersede the standard specifications, except that if the conflicts
are a result of Federal or State mandated requirements, then the Federal or State
mandated requirements shall prevail.
H. Public easements shall be provided for access, utilities and drainage as
required by the design and location of such infrastructure and as reflected on the Final
Development Plan Documents. Alignment and grades on privately maintained streets
and drives shall allow for safe access, ingress and egress by owners, visitors, the
general public and public safety officials and equipment, as approved by the City
Engineer.
1. All storm drainage facilities shall be designed and constructed by the
Developer so as to protect downstream and adjacent properties against injury and to
adequately serve the Property (and other lands as may be required, if any). The
Developer shall meet or exceed the minimum requirements for storm drainage facilities
as have been established by the City in its Drainage Master Plans and Design Criteria.
The Developer, for itself and its successor(s) in interest, does hereby indemnify and
hold harmless the City from any and all claims that might arise, directly or indirectly, as
a result of the discharge of injurious storm drainage or seepage waters from the
Property in a manner or quantity different from that which was historically discharged
and caused by the design or construction of the storm drainage facilities, except for (1)
such claims and damages as are caused by the acts or omissions of the City in
maintenance of such facilities as have been accepted by the City for maintenance; (2)
errors, if any, in the general concept of the City's master plans (but not to include any
details of such plans, which details shall be the responsibility of the Developer); and (3)
specific written or otherwise documented directives that may be given to the Developer
by the City. The City agrees to give notice to the Developer of any claim made against
it to which this indemnity and hold harmless agreement by the Developer could apply,
and the Developer shall have the right to defend any lawsuit based on such claim and to
settle any such claim provided Developer must obtain a complete discharge of all City
liability through such settlement. Failure of the City to give notice of any such claim to
the Developer within ninety (90) days after the City first receives a notice of such claim
under the Colorado Governmental Immunity Act for the same, shall cause this indemnity
and hold harmless agreement by the Developer to not apply to such claim and such
4.4 Tallgrass Prairie
4.4.1 Landform &Soils
A tallgrass prairie would be created in the bottom of the detention pond, which would have a
bentomat clay liner. The detention pond would have a concrete weir at an elevation of 4,904 feet
and an overflow structure resulting in the ponding of water to a depth of one foot for 40 hours.
The bottom of the pond, the extent of the 4,904 foot contour, would have 12 inches of topsoil.
4.4.2 Hydrology
Water for wetland development will be provided by stormwater runoff from two drainage areas on
the LDS property to the west. Approximately 18.12 acres of landscape will drain to the wetland.
The 2, 10 and 100 year storm events will generate flows of 21.21, 35.71, and 93.15 cfs,
respectively. Following precipitation events, the stormwater will saturate the 12 inch depth of
topsoil, impound water to an elevation of 4,904.05 feet and a depth of 12 inches, and then flow
across the weir. The impounded water would entirely drain over a 40 hour period.
4.4.3 Vegetation
The tallgrass prairie will be seeded with the seed mix of Table 3.
4.5 Shortgrass Prairie
4.5.1 Landform & Soils
The shortgrass prairie will surround the detention pond and the wetland swale. Following grading
and establishment of the final topography, 12 inches of topsoil would be spread uniformly over
the prairie habitat and cultivated to create conditions appropriate for plant growth.
Prior to the application of the topsoil to the prairie habitat, a soil scientist will collect soil samples
and submit them for standard agronomic testing to determine any fertilizer recommendations. A
granular form of fertilizer would be used and uniformly broadcast over the soils of the prairie
habitat. In addition, granular mycorrhizae would be applied at the rate of 20 pounds per acre.
4.5.2 Hydrology
A belowground irrigation system will be used to facilitate seed germination and survival of trees
and shrubs in the prairie. The system will have sprinkler heads designed to irrigate the entire
seeded area, as well as drip irrigation on a separate zone for trees and shrubs. The system would
be used for two years to initiate plant growth. The system would then be abandoned, and
aboveground parts would be removed, however buried pipes would remain in place. Installation
of the belowground portion of the irrigation system should occur prior to seeding.
4.5.3 Vegetation
The prairie seed mix of Table 4 would be broadcast and raked into the soil. This seed mix is
characterized by seven native grasses and eight native forbs common to the prairie of eastern
Colorado.
Following seeding, the prairie would be hydromulched and tackified. This work should be
completed after the trees and shrubs have been planted to minimize foot traffic on top of the
hydromulch layer. The hydromulch will be applied per manufacturers specifications with a 100%
wood mat -fiber mulch applied at the rate of 2,000 pounds per acre. Startak 600 by Chemstar is to
be applied in accordance with manufacturer's directions at the rate of 100 pounds per ton of
mulch.
4
30
5.0 Maintenance & Monitoring Plan
5.1 Success Criteria
Success criteria have been developed for the Natural Habitats in order to measure the progress of
Natural Habitat establishment and to determine when they are successful and established. The
Natural Habitats will be considered successful when:
Shortgrass Prairie
• It is dominated by plants of the shortgrass prairie seed mix or desirable native colonizers.
• It has a plant species diversity of 10 plants native to the shortgrass prairie of eastern
Colorado.
• After three seasons of growth it has an absolute vegetation cover of 30% and there are no
areas greater than one (1) square foot in size without a vegetation cover.
• It is self-perpetuating.
• The absolute cover of noxious weeds is 0% for List A species and less than 5% for List B
species, and there are no areas of noxious weeds greater than 100 ft2.
Tallgrass Prairie
• It is dominated by plants of the tallgrass prairie (detention pond) seed mix or desirable
native colonizers.
• It has a plant species diversity of 10 plants native to the tallgrass prairie of eastern
Colorado.
• After three seasons of growth it has an absolute vegetation cover of 30% and there are no
areas greater than one (1) square foot in size without a vegetation cover.
• It is self-perpetuating.
• The absolute cover of noxious weeds is 0% for List A species and less than 5% for List B
species, and there are no areas of noxious weeds greater than 100 ft2.
Wetland
• It is dominated by plants of the herbaceous wetland plantings, wetland and tallgrass
prairie seed mixes, and/or desirable native colonizers.
• It has a plant species diversity of 10 plants native to wetlands and tallgrass prairies of
eastern Colorado.
• After three seasons of growth it has an absolute vegetation cover of 50% and there are no
areas greater than one (1) square foot in size without a vegetation cover.
• It is self-perpetuating.
• The absolute cover of noxious weeds is 0% for List A species and less than 5% for List B
species, and there are no areas of noxious weeds greater than 100 ft2.
Woody Plantings
• 90% of the 19 trees and the 200 shrubs are alive one year following termination of the
drip irrigation system.
Natural Habitat
0.86 acres has been created at the Southwest Natural Habitat.
• 1.32 acres has been created at the Northeast Natural Habitat.
5
31
5.2 Maintenance Activities
At regular intervals during the growing season, an ecologist will visit the two Natural Habitats to
assess the success of the woody and herbaceous plantings and seed mixes, and note any problems
with the hydrology, weeds, erosion, or human or animal use.
5.2.1 Tree, Shrub & Herbaceous Plantings
We will verify that the irrigation system is working and providing adequate water to the shrubs
and trees. If adjustments need to be made to the irrigation system or the frequency of watering
needs to be modified, we will notify the landscape contractor that changes need to be made. We
will also evaluate the health of the shrubs and trees. Specifically, we will determine if the shrubs
and trees are alive and producing an annual growth, and if the foliage is healthy. We will also
evaluate the success of the herbaceous nursery stock planted in the wetlands to determine the
survival rate and the potential need for additional planting.
5.2.2 Vegetation Cover & Composition
We will review the seeded area to determine if the plants of the seed mix are germinating,
producing a uniform cover, maturing, and producing seed. We will identify any areas with
inadequate seed germination and cover, and reseed where necessary.
5.2.3 Weeds
We will identify any populations of introduced plants including Colorado noxious weeds and
other undesirable plants within the seeded areas. We will identify the species present and
implement appropriate control procedures. Control procedures may include hand pulling or
eradication with hand tools, mowing, or the use of herbicides.
5.2.4 Erosion
Wind and water erosion have the potential to alter the landform of the Natural Habitats.
Therefore, we will identify any eroded areas and use hand tools to restore all areas of erosion.
Eroded areas will be reseed and/or planted where necessary.
5.2.5 Human or Animal Use
We will determine if human or animal uses impact the Natural Habitats. If impacts are occurring,
we will provide recommendations for procedures to eliminate or mitigate the impacts. Procedures
to eliminate impacts may include signage to keep pedestrians out of the Natural Habitats, and
temporary fencing or animal retardants to eliminate shrub browsing by deer.
5.2.6 City Review
At least once during the growing season, the City will be invited to review the progress of Natural
Habitat creation with the ecology consultant.
5.3 Monitoring Activities
We will quantitatively and qualitatively monitor the Natural Habitats each growing season,
following seeding and planting, for three years following seeding and planting.
5.3.1 Trees, Shrubs & Herbaceous Plantings
At the end of each growing season, we will determine the number of living and healthy trees and
shrubs per species. If the tree and shrub survival rate is less than 90%, additional plantings will be
added.
5.3.2 Vegetation Cover & Composition
Vegetation cover in the prairie habitats will be annually quantified using a point -intercept method
(Mueller-Dombois & Ellenberg, 1974) along permanent 25 meter long transects in each habitat.
32
Specifically, two transects will be located in each of the three habitat types. At each half meter
interval of the transect, one point will be recorded on each side of the transect, perpendicular to
and 0.50 meters from the transect. Thus, one hundred points will be sampled at one half meter
intervals along each 25 meter long transect.
A tripod mounted ocular sighting instrument, with fine cross hairs for point definition and a
magnification lens, will be used to collect the vegetation cover data. The sighting instrument has
an adjustable mirror to allow sampling of overstory vegetation. At each sample point, the tripod
with the attached ocular sighting instrument will be centered, and the adjustable arm will be
oriented perpendicular to the transect, first on the right and then on the left. If overstory
vegetation is present, the sighting device will be directed upward to record any overstory
vegetation and then directed downward to record any vegetation in potential shrub and
herbaceous canopies. Vegetation along the vertical profiles will be recorded as first or second hits
depending on the structural diversity of the Natural Habitats. If vegetation is not present along the
vertical profile, soil, rock, or litter will be recorded. All vegetation hits will be recorded by
species. For each vegetation cover transect, the percent absolute cover of vegetation, rock, soil, or
litter will be calculated using only first hit data. The relative cover of each plant species will be
calculated using both first and second hit data.
Data on tree and shrub density will be collected by identifying and listing all trees and shrubs
present in a four meter wide by 25 meter long quadrat centered along the cover transect. Tree
and shrub density will be calculated by counting the total number of trees and shrubs present in
each 100m2 (4 meter by 25 meter) quadrat.
We will also prepare a list of all plants growing in the Natural Habitats, identify their likely source,
including commercial seed mix, plantings, soil seed bank, or invader from the surrounding area.
We will also indicate if the plants are native or introduced.
5.3.3 Weeds
We will monitor the success of the weed eradication procedures on populations of weeds within
the Natural Habitats.
5.3.4 Erosion
We will monitor the success of repairs to any eroded areas.
5.3.5 Human or Animal Use
We will monitor the success of procedures designed to eliminate human and animal impacts to
the Natural Habitats. If the recommended procedures are ineffective, alternative procedures will
be developed.
5.4 As -Built Assessment Report
Following earthwork, planting -and seeding, an As -Built Assessment Report will be prepared and
submitted to the City of Fort Collins. The Report will document the landforms created, all aspects
of the Natural Habitats including the volume of topsoil salvaged and used in the Natural Habitats,
fertilizer type used and application rate, seed mix and seeding mdthods, mulch and tackifiers,
erosion control blankets, and tree and shrub planting.
5.5 Annual Reports
An Annual Monitoring Report will be prepared to document the monitoring and maintenance
activities conducted during the growing season and evaluate the progress of the Natural Habitats
in meeting the success criteria. The Annual Report will be provided to the City on or before
December 31 of each monitoring year.
33
6.0 Figures
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35
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Figure 2. Vicinity Map
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7.0 Tables
39
failure shall constitute a release of this indemnity and hold harmless agreement as to
such claim. Approval of and acceptance by the City of any storm drainage facility
design or construction shall in no manner be deemed to constitute a waiver or
relinquishment by the City of the aforesaid indemnification. The Developer shall engage
a Colorado licensed professional engineer to design the storm drainage facilities as
aforesaid and it is expressly affirmed hereby that such engagement shall be intended
for the benefit of the City, and subsequent purchasers of property in the Development.
J. The developer shall pay the applicable "stormwater plant investment fee"
in accordance with Chapter 26, Article VII of the City Code. This fee is included with
building permit fees and shall be paid prior to the issuance of each building permit.
K. The Developer shall provide the City Engineer with certified Record Plan
Transparencies on Black Image Diazo Reverse Mylars upon completion of each phase
of the construction. Utilities will not be initially accepted prior to as -built drawings being
submitted to and approved by the City of Fort Collins.
L. The Developer specifically represents that to its knowledge and except as
otherwise disclosed to the City, all property dedicated (both in fee simple and as
easements) by the Developer to the City associated with this Development (whether on
or off -site) is in compliance with all environmental protection and anti -pollution laws,
rules, regulations, orders or requirements, including solid waste requirements, as
defined by the U. S. Environmental Protection Agency Regulations at 40 C.F.R., Part
261, and that such property as is dedicated to the City pursuant to this Development, is
in compliance with all such requirements pertaining to the disposal or existence in or on
such dedicated property of any hazardous substances, pollutants or contaminants, as
defined by the Comprehensive Environmental Response Compensation and Liability
Act of 1980, as amended, and regulations promulgated thereunder. The Developer, for
itself and its successor(s) in interest, does hereby indemnify and hold harmless the City
from any liability whatsoever that may be imposed upon the City by any governmental
authority or any third party, pertaining to the disposal of hazardous substances,
pollutants or contaminants, and cleanup necessitated by leaking underground storage
tanks, excavation and/or backfill of hazardous substances, pollutants or contaminants,
or environmental cleanup responsibilities of any nature whatsoever on, of, or related to
any property dedicated to the City in connection with this Development, provided that
such damages or liability are not caused by circumstances arising entirely after the date
of acceptance by the City of the public improvements constructed on the dedicated
property, except to the extent that such circumstances are the result of acts or
omissions of the Developer. Said indemnification shall not extend to claims, actions or
other liability arising as a result of any hazardous substance, pollutant or contaminant
generated or deposited by the City, its agents or representatives, upon the property
dedicated to the City in connection with this Development. The City agrees to give
notice to the Developer of any claim made against it to which this indemnity and hold
harmless agreement by the Developer could apply, and the Developer shall have the
right to defend any lawsuit based on such claim and to settle any such claim provided
the Developer must obtain a complete discharge of all City liability through such
Scientific Name
Trees
Populus deltoides
Salix amygdaloides
Shrubs
Prunus Americana
Prunus virginiana
ssp. melanocarpa
Rhus triobata
Ribes aureum
Rosa woodsii
TABLE 1
Native Tree & Shrub Plantings
Natural Habitats
LDS Church Property
Common Name
Plains cottonwood
Peachleaf willow
Total Trees
Number to Plant
Southwest Northeast
3 6
4 6
7 12
American plum
16
21
Chokecherry
13
19
Skunkbrush sumac
15
29
Golden currant
15
28
Woods rose
16
28
Total Shrubs
75
125
GRAND TOTAL
82
137
14
40
TABLE 2
Wetland Planting
Southwest and Northeast Natural Habitats
LDS Church Property
Scientific Name Common Name
Grasses, Sedges & Rushes
Beckmannia syzigachne Sloughgrass
Carexnebrascensis
Nebraska sedge
Eleocharispalustris
Creeping spikerush
Glyceriagrandis
American mannagrass
/uncus torreyi
Torrey's rush
Poapalustris
Fowl bluegrass
Scirpus acutus
Hardstem bulrush
Scirpuspungens
Threesquare bulrush
Scirpuspaludosus
Alkali bulrush
Total Grasses, Sedges & Rushes
Forbs
Asclepias incorata
Helianthus nuttallii
Iris missouriensis
Sparganium eurycarpum
Swamp milkweed
Marsh sunflower
Rocky Mountain iris
Burreed
Total Forbs
GRAND TOTAL
'Wetland Status (2012 Great Plains List)
OBL - Obligate Wetland
FACW - Facultative Wetland
FAC - Facultative
FACU - Facultative Upland
UPL - Obligate Upland
NI - No Indicator (insufficient information)
15
Wetland
Status*
Number to Plant
Southwest
Northeast
OBL
50
100
OBL
100
200
OBL
200
300
OBL
100
100
FACW
100
200
FACW
100
200
OBL
100
200
OBL
200
300
OBL
100
150
1,050
1,750
OBL
25
50
FAC
25
50
FACW
50
100
OBL
50
50
150
250
1,200 2,000
41
TABLE 3
Tallgrass Prairie Seed Mix
Natural Habitats
LDS Church Property
Seeding Rate
Scientific Name
Common Name
PLS IbsJaae
Grasses, Sedges & Rushes
Andropogongerardii
Big bluestem
2
Carex praegracilis
Clustered field sedge
A
Glyceria striata
Fowl mannagrass
A
Panicum virgatum
Switchgrass
3
Pascopyrum smithii
Western wheatgrass
4
Poa palustris
Fowl bluegrass
A
Puccinelliaairoides
Nuttall alkaligrass
'/4
Scirpuspaludosus
Alkali bulrush
11h
Sorgastrum nutans
Indian grass
3
Sp.Wina pectinata
Prairie cordgrass
4
Sporobolousairoides
Alkali sacaton
'/4
Total Grasses, Sedges & Rushes
18%
Forbs
Asclepiasincarnata
Swamp milkweed
1h
Helenium autumnale
Sneezeweed
'A
Helianthus nuttallii
Marsh sunflower
1
Polygon um pensylvanica
Giant smartweed
2
Solidago canadensis
Canada goldenrod
1/8
Total Forbs 3 7/8
GRAND TOTAL 22 5/8
*Broadcast seeding rate. Halve application rate for drill method.
16
42
TABLE 4
Shortgrass Prairie Seed Mix
Natural Habitats
LDS Church Property
Seeding Rate
Scientific Name Common Name PLS Ibs./acre'
Grasses
Aristida purpurea
Red threeawn
2
Buchloe dactyloides
Buffalograss
8
Chondrosumgracile
Blue grama
3
Elymuselymoides
Squirreltail
2
Pascopyrum smithii
Western wheatgrass
6
Poa secunda
Sandberg bluegrass
'%
Stipa comata
Needle and thread
4
Total Grasses 25%
Forbs
Artemisia frigida
Fringed sage
1 /16
Erysimum asperum
Plains wallflower
1/8
Gail/ardia xistata
Blanket flower
'/4
1pomopsis aggregate
Scarlet gilia
'/4
L/atris punctata
Gayfeather
1h
Ratibida columnifera
Prairie coneflowdr
'A
Rudbeck/a h/rta
Gloriosa daisy
1/16
Sphaeralcea coccinea
Scarlet globemalIow
1/8
Total Forbs 1 5/8
GRAND TOTAL 271/8
Broadcast seeding rate. Halve application rate for drill method.
17
43
8.0 References
Moreland, Donald C. 1980. Soil Survey of the Larimer County Area, Colorado. USDA Soil
Conservation Service and Forest Service in cooperation with Colorado Agricultural Experiment
Station. December 1980.
Mueller-Dombois & Ellenberg. 1974. Aims and Methods of Vegetation Ecology. John Wiley & Sons,
Inc. New York.
18
44
EXHIBIT "D"
MAINTENANCE GUARANTEE:
The Developer hereby warrants and guarantees to the City, for a period of two (2) years
from the date of completion and first acceptance by the City of the public improvements
warranted hereunder, the full and complete maintenance and repair of the public
improvements constructed for this Development. This warranty and guarantee is made
in accordance with the City of Fort Collins Land Use Code and/or the Transitional Land
Use Regulations, as applicable. This guarantee applies to the streets and all other
appurtenant structures and amenities lying within the rights -of -way, easements and
other public properties, including, without limitation, all curbing, sidewalks, bike paths,
drainage pipes, culverts, catch basins, drainage ditches and landscaping. Any
maintenance and/or repair required on utilities shall be coordinated with the owning
utility company or city department.
The Developer shall maintain said public improvements in a manner that will assure
compliance on a consistent basis with all construction standards, safety requirements
and environmental protection requirements of the City. The Developer shall also correct
and repair, or cause to be corrected and repaired, all damages to said public
improvements resulting from development -related or building -related activities. In the
event the Developer fails to correct any damages within thirty (30) days after written
notice thereof, then said damages may be corrected by the City and all costs and
charges billed to and paid by the Developer. The City shall also have any other
remedies available to it as authorized by this Agreement. Any damages which occurred
prior to the end of said two (2) year period and which are unrepaired at the termination
of said period shall remain the responsibility of the Developer.
REPAIR GUARANTEE:
The Developer agrees to hold the City of Fort Collins, Colorado, harmless for a five (5)
year period, commencing upon the date of completion and acceptance by the City of the
public improvements constructed for this Development, from any and all claims,
damages, or demands arising on account of the design and construction of public
improvements of the Property shown on the approved plans and documents for this
Development; and the Developer furthermore commits to make necessary repairs to
said public improvements, to include, without limitation, the roads, streets, fills,
embankments, ditches, cross pans, sub -drains, culverts, walls and bridges within the
right-of-way easements and other public properties, resulting from failures caused by
design and/or construction defects. This agreement to hold the City harmless includes
defects in materials and workmanship, as well as defects caused by or consisting of
settling trenches, fills or excavations.
45
a
Further, the Developer agrees that the City shall not be liable to the Developer during
the warranty period, for any claim of damages resulting from negligence in exercising
engineering techniques and due caution in the construction of cross drains, drives,
structures or buildings, the changing�of courses of streams and rivers, flooding from
natural creeks and rivers, and any other matter whatsoever on private property. Any
and all monetary liability occurring under this paragraph shall be the liability of the
Developer.
The obligations of the Developer pursuant to the "maintenance guarantee" and "repair
guarantee" provisions set forth above may not be assigned or transferred to any other
person or entity unless the warranted improvements are completed by, and a letter of
acceptance of the warranted improvements is received from the City by, such other
person or entity.
46
settlement. Failure of the City to give notice of any such claim to the Developer within
ninety (90) days after the City first receives a notice of such claim under the Colorado
Governmental Immunity Act for the same, shall cause this indemnity and hold harmless
agreement by the Developer to not apply to such claim and such failure shall constitute
a release of this indemnity and hold harmless agreement as to such claim.
M. The Developer acknowledges and agrees that the City, as the owner of
any adjacent property (the "City Property") on which off -site improvements may be
constructed, or that may be damaged by the Developer's activities hereunder, expressly
retains (and does not by this Agreement waive) its rights as property owner. The City's
rights as owner may include without limitation those rights associated with the
protection of the City Property from damage, and/or the enforcement of restrictions,
limitations and requirements associated with activities on the City Property by the
Developer as an easement recipient.
N. If the Developer or Contractor or any agent or representative thereof
causes damage to any public infrastructure (including without limitation, any surface
pavers, flagstones, or other stone or concrete surfaces, planters, street and decorative
lights, or canopies) such damage shall be promptly repaired with the same kind, quality,
color, serviceability and material composition aspects as was possessed by the
infrastructure damaged, unless otherwise expressly agreed to by the City in writing.
Paver repair and replacement in Downtown alleys shall comply with the City's specific
requirements for pavers.
II. Special Conditions
A. Water Lines
1. Notwithstanding anything in this Agreement to the contrary, the
Development will be provided water service from the Fort Collins -Loveland Water
District ("Water District"), and all water line improvements shall be installed and
inspected in accordance with the Water District's regulations and the approved plans
therefor.
B. Sewer Lines
1. Notwithstanding anything in the Development Agreement to the
contrary, the Property will be provided sanitary sewer service from the South Fort
Collins Sanitation District ("Sewer District"), and all sewer line improvements shall be
installed and inspected in accordance with the Sewer District's regulations and the
approved plans therefor.
C. Storm Drainage Lines and Appurtenances
1. All on -site and off -site storm drainage improvements associated
with this Development, as shown on the Final Development Plan Documents, shall be
completed by the Developer in accordance with said Final Development Plan
Documents prior to the issuance any certificate of occupancy. Completion of
improvements shall include the certification by a professional engineer licensed in
Colorado that the drainage facilities which serve this Development have been
constructed in conformance with said Final Development Plan Documents. Said
certification shall be submitted to the City at least two weeks prior to the issuance of any
certificate of occupancy in this Development.
2. The Developer shall be responsible for maintaining the structural
integrity and operational functions of all drainage facilities throughout the build -out of
this Development. If at any time following certification (as required pursuant to
paragraph one (1) above) of said drainage facilities and during the construction of
structures and/or lots within this Development the City reasonably decides that said
drainage facilities no longer comply with the Final Development Plan Documents, the
City shall give written notice to the Developer of all items which do not comply with the
Final Development Plan Documents. Unless the Developer successfully appeals the
decision of non-compliance, it shall bring such facilities back up to the standards and
specifications as shown on the Final Development Plan Documents. Failure to maintain
the structural integrity and operational function of said drainage facilities following
certification shall result in the withholding of the issuance of additional building permits
and/ or certificates of occupancy until such drainage facilities are repaired to the
operational function and structural integrity which was approved by the City.
3. The Developer agrees to provide and maintain erosion control
improvements as shown on the Final Development Plan Documents to stabilize all over -
lot grading in and adjacent to this Development. The Developer shall also be required
to post a security deposit in the amount of $181,974.00 prior to beginning construction
to guarantee the proper installation and maintenance of the erosion control measures
shown on the Final Development Plan Documents. Said security deposit(s) shall be
made in accordance with the criteria set forth in the City's Storm Drainage Design
Criteria and Construction Standards (Criteria). If, at any time, the Developer fails to
abide by the erosion control provisions of the Final Development Plan Documents or the
erosion control provisions of the Criteria after receiving notice of the same or an
emergency situation exists which would reasonably require immediate mitigation
measures, then, in either event, and notwithstanding any provisions contained in
paragraph III(J) to the contrary, the City may enter upon the Property for the purpose of
making such improvements and undertaking such activities as may be necessary to
ensure that the provisions of said plans and the Criteria are properly enforced. The City
may apply such portion of the security deposit(s) as may be necessary to pay all costs
incurred by the City in undertaking the administration, construction, and/or installation of
the erosion control measures required by said plans and the Criteria. In addition, the
City shall have the option to withhold building permits and certificates of occupancy, as
stated in Paragraph III.D of this Agreement, as it deems reasonably necessary in order
to ensure that the Developer installs and maintains the erosion control measures
throughout the build -out of this Development.
0
4. It is important that all lots be graded to drain in the configuration
shown on the Final Development Plan Documents. For this reason the following
requirements shall be followed for all buildings/structures on all lots:
Prior to the issuance of a certificate of occupancy for any lot or building
the Developer shall provide the City with certification that the lot and or the
building has been graded correctly. This grading certification shall
demonstrate that the lot or building finish floor elevation has been built in
accordance with the elevation specified on the Final Development Plan
Documents. The certification shall also show that the minimum floor
elevation or minimum opening elevation for any building constructed is in
compliance with the minimum elevation as required on the Final
Development Plan Documents. The certification shall demonstrate as well
that any minor swales adjacent to the building or on the lot have been
graded correctly and in accordance with the grades shown on the Final
Development Plan Documents. The certification shall also show that the
elevations of all comers of the lot are in accordance with the elevations
shown on the Final Development Plan Documents. Said certification shall
be completed by a Colorado licensed professional engineer and shall be
submitted to the City at least two weeks prior to the date of issuance of the
desired certificate of occupancy.
5. The Developer shall obtain the City's prior approval of any changes
from the Final Development Plan Documents in grade elevations and/or storm drainage
facility configuration that occur as a result of the construction of houses and/or
development of lots, whether by the Developer or other parties. The City reserves the
right to withhold the issuance of building permits and certificates of occupancy for this
Development until the City has deemed such changes as being acceptable for the safe
and efficient delivery of storm drainage water.
6. The Developer shall limit the construction of the off -site storm
drainage improvements to the limits of construction as shown on the Final Development
Plan Documents. The contractor shall re -seed and/or restore all areas that are
disturbed during construction of the off -site storm drainage improvements in accordance
with the Final Development Plan Documents promptly following construction. The
Developer shall ensure that no negative impact occurs to the adjoining properties during
the construction of the detention pond facilities. No grading shall be done outside of the
approved areas as shown on the Final Development Plan Documents.
7. The drainage design for this Development provides for the
evacuation of storm drainage runoff in a reasonable amount of time out of the water
quality and detention facilities and into the drainage outfall system. The water quality
and detention facilities have been designed to discharge storm water runoff from
frequent storms over a 40 hour period through a small diameter outlet. Under the
intended operation of the water quality and detention pond, there will not be standing
water in the pond more than 48 hours after the end of a rainfall event. If after
construction and acceptance of the detention facilities associated with this
Development, surfacing or standing water conditions persist in these facilities; and if
such conditions are beyond what can be expected in accordance with the approved
storm water design, the Developer shall promptly, upon such discovery, install an
adequate de -watering system in the detention facilities. Such a system shall be
reviewed and approved by the City prior to installation.
8. The Developer shall be responsible for maintenance of all storm
drainage facilities that are constructed outside of the public right-of-way on the Property,
except for the storm drainage lines A south of STM 1-53 and J east of Majestic Drive as
shown on the Final Development Plan Documents, which lines shall be maintained in
their entirety by the City following certification of these lines by the Developer and their
acceptance by the City.
9. The Developer shall be responsible for maintenance of all storm
drainage facilities that are constructed outside of the public right-of-way on the Property.
This includes the Porous Landscape Detention areas that are to be maintained per the
Standard Operating Procedures located in Exhibit "B".
D. Streets.
1. Subject to the conditions of this Agreement, the City agrees to
reimburse the Developer for oversizing public street improvements along Timberline
Road for those portions of said street abutting the Property as shown on the Final
Development Plan Documents. Reimbursement for Timberline Road shall be for
oversizing the street from local (access) standards to minor arterial standards from the
beginning of concrete improvements (at centerline station 100+16.04 as shown on the
Final Development Documents) to the extent of City limits for Timberline Road (at
approximately centerline station 110+53 as shown on the Final Development Plan
Documents). The City shall make reimbursement to the Developer for the aforesaid
oversized street improvements in the manner provided in and in accordance with
Section 24-112 of the Code of the City. The Developer agrees and understands that
the City shall have no obligation to make reimbursement payments for street oversizing
unless funds for such payments shall first have been budgeted and appropriated from
the Street Oversizing Fund by the City Council; and the Developer further understands
that to the extent that funds are not available for such reimbursement, the City may not,
in the absence of the Developer's agreement, require the construction, at the
Developer's expense, of any oversized portion of streets not reasonably necessary to
offset the traffic impacts of the Development. The Developer does hereby agree to
construct the aforesaid oversized street improvements with the understanding that the
Developer may not be fully reimbursed by the City for the cost of such construction.
The Developer further agrees to accept payment in accordance with Section 24-112 (d)
of the Code of the City as full and final settlement and complete accord and satisfaction
of all obligations of the City to make reimbursements to the Developer for street
oversizing expenses.
2. It is understood that the improvements that are to be constructed in
the public right-of-way as described in this Section II(D) are "City improvements" (as
defined below) and, as such, any contract for the construction of the same must be
executed in writing. If the cost of such improvements exceeds the sum of Thirty
Thousand Dollars ($30,000), the contract for the construction of the same must be
submitted to a competitive bidding process resulting in an award to the lowest
responsible bidder; and evidence must be submitted to the City prior to the
commencement of the work showing that the award was given to the lowest responsible
bidder. If the cost of such improvements exceeds Fifty Thousand Dollars ($50,000), the
contract for the construction of the improvements must be insured by a performance
bond or other equivalent security. For purposes of this paragraph, the term "City
improvements" shall mean either (1) existing improvements owned by the City that are
to be modified or reconstructed, or (2) any improvements funded in whole or in part by
the City.
3. The Developer and the City acknowledge that the Developer (on its
own discretion and without requirement by the City) is constructing the local street
portion (curb, gutter and pavement, minus sidewalk) of the west side of Timberline Road
between Trilby Road and Majestic Drive. The Developer has the right to seek
reimbursement for the construction of this local street portion from the abutting Paragon
Estates P.U.D. ("Paragon") under the provisions of Section 3.3.2(F)(2) of the Land Use
Code of the City. However, with the abutting Paragon under the jurisdiction of Larimer
County and the unlikelihood of it redeveloping, both the Developer and the City agree
that the Developer would effectively be unable to collect a repay from Paragon under
the provisions of said Section 3.3.2(F)(2). The City agrees that if Timberline Road is
improved with City capital funds, the City would enter into a dialogue with the Developer
for future reimbursement options to the Developer, which reimbursement may be in
partial, or in whole.
4. The Developer shall be responsible for the obtaining of all
necessary approvals (including, but not limited to, any permits, plans, security, and/or
fees) from Larimer County for all work shown on the Final Development Plans under the
jurisdiction of Larimer County.
5. The Developer hereby indemnifies and holds the City harmless
from any damage caused to the roadway (concrete, asphalt, curb and gutter, pavement
subgrade) when such damage is caused, directly or indirectly, by the acts or omissions
of the Developer in the irrigation of landscaping within the median of Majestic Drive
abutting the Development as shown on the Final Development Plan Documents.
6. The pavement design and construction standards for privately
maintained streets shall be the same as the standards for public streets. Grades,
alignments, and widths may be modified in accordance with accepted design principles,
only on the condition that safe access is maintained for all future owners, visitors, the
general public and public safety officials and equipment. Such modifications from public
street standards may be made only if approved by the City Engineer. Easements for
9