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HomeMy WebLinkAboutFORT COLLINS COLORADO TEMPLE - Filed DA-DEVELOPMENT AGREEMENT - 2014-02-26RECEPTION#: 20140007733, 02/14/2014 at 12:16:43 PM,1 OF 46, R $236.00 TD Pgs: 0 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, 10 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 12 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 13 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. 14 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 16 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 iI. _ �-r _ .' --4.. . milrelPTILM r ANN HUFFINES iIOR W PUKIC-STATE E@@OFUPM MVComm. EXP.01M112016 CanwnhNon # 651118 is 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. 19 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. 20 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. 21 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 34 i q"" IW2'0w 1Or1'D•W E cur f5 T 'vim\ A\ ) ✓ �� � A� " I rx« ♦ t J �'S5 �'. �+y r � "''�.,� A ��._.._ `"'�"���* �' ��jj��'* .. 4. �T t � � i ��W� } ET � ,t`. • .1`1 � 4 w w ._..._.._T ,: .ems` �� 4 �'� .F�� -"'_ i � •. � � � � c .'♦, �� � :.f + "i\\�,_,.ti't �•1,y. • ..R'..A� �'y,�\ � iW,�.;ry'� - �' � �'� 5{ d •' \. 7! f,:' ! 9 ` loriv.w lor3V W BASE: USGS 7.5' Loveland, Colorado Quadrangle /,/aarr�eri♦ Figure 1. Project Location Map LDS Church Property N Apl�pared by. Wrt.rn Ecalogiccl R:wwc♦, Inc. 711 Ylolnw SxH, Sole 1:40,000 %outdo,, Co $0302 ®r 9 1303)449-9009 FAX 1303;449.9034 35 Legend Q LDS Property Boundary N A Scale 1:60,000 Background: Bing Maps Aerial 10 Figure 2. Vicinity Map LDS Church Property p,&pored by: Western Ecological Inc. 711 WoIml Street46aulder.CO 80303 R (303) 4A0.9009 FAX (303(AA9.9038 L tv 2 U m IL Z � a y g di y N U r cc C m °m ° o co o 3 H co w �_ Z W j Li W I. �, J l_ LL -m. r�r!I�41! i 11 i 0 c � v � h 3s E ^ 3 i � pMo 3 v 0 3 tFt r-- t 0 A: 7 CL 1 37 ci _J ::) W O_ Y LLI Q v) :2 UV)OO / m V) Z LJ" a l r CD v G tt � C C o�� W'sg8 UN E.E ^ 3 3 ! v 6 66 ZZ so .3 t3 NI p 403 z` 1. .��,y/ ��:��,., :z IN : 12 38 13 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