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HomeMy WebLinkAboutPOUDRE VALLEY PLAZA REPLAT #1 LOT 7 - Filed DA-DEVELOPMENT AGREEMENT - RECEPTION#20230019249, 5/12/2023 1:14:25 PM,1 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND SC PVP HOLDINGS LLC THIS DEVELOPMENT AGREEMENT(the "Agreement"), is made and entered into this 11 th day of May 2023, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City"; and SC PVP Holdings LLC, a Colorado limited liability company, 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: Lot 7, Poudre Valley Plaza P.U.D. Replat #1, located in Section 35, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Development is known to the City as Poudre Valley Plaza Mixed Use, ID# MJA210003/FDP220001; and 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 1 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,2 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO 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: I. General Conditions A. The Recitals set forth above are hereby incorporated in and made a part of this Agreement by this reference. B. 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. C. 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. D. 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, sidewalk, 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. E. Any water lines, sanitary sewer lines, storm drainage lines, electrical lines, and/or streets described on Exhibit A, attached hereto and incorporated herein by reference, 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 2 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,3 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO 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. F. 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 Documents and other approved documents pertaining to this Development on file with the City. G. 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. H. 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. I. Unless authorized by the City pursuant to law the public right-of-way shall not be used for staging or storage of materials or equipment ("Staging") associated with the Development, nor shall it be used for parking by any contractors, subcontractors, or other personnel working for or hired by the Developer to construct the Development. The Developer shall find a location(s) on private property to accommodate any necessary Staging and/or parking needs associated with the completion of the Development. Information on the location(s) of these areas shall be provided to the City as a part of the Development Construction Permit application. J. 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 3 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,4 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO be the responsibility of the Developer); and (3) specific written or otherwise documented directives that may be given to the Developer by the City. No language in this Paragraph shall be construed or interpreted as establishing in any way the City's liability for any act or omission and the terms of this Paragraph solely relate to the Developer's obligation to indemnify and hold harmless 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 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. K. The Developer shall pay the applicable "stormwater plant investment fee" in accordance with Chapter 26, Article VII of the Code of the City of Fort Collins (the "City Code"). This fee is included with building permit fees and shall be paid prior to the issuance of each building permit. L. 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. M. The Developer specifically represents that to its knowledge all property dedicated (both in fee simple and as easements) 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 4 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,5 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO 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 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. N. 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 of the City Property 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. O. 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. II. Special Conditions A. Water Lines Not Applicable B. Sewer Lines Not Applicable C. Storm Drainage Lines and Appurtenances 5 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,6 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO 1. The Developer agrees to provide and maintain erosion and sediment control improvements as shown on the Final Development Plan Documents until all disturbed areas in and adjacent to this Development's construction activities are stabilized. The Developer shall also be required to post a security deposit in the amount shown in the Final Development Plan Documents prior to beginning construction to guarantee the proper installation and maintenance and, upon completion, removal of the erosion and sediment 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 Stormwater Criteria Manual ("Criteria") referenced at City Code § 26-500. When said security deposit(s) is a letter of credit or a bond the Developer shall replace the security no later than 30 days before its expiration date. If the security posted by the Developer is a Letter of Credit, and such letter has not been replaced or renewed within 30 days of its expiration date, the City may elect to draw and hold the funds as it sees fit. The City shall have the option in any case to also withhold building permits and certificates of occupancy, as stated in Paragraph III.D of this Agreement, as it deems necessary in order to ensure that at all times the Developer is maintaining appropriate levels of security to guarantee completion of the erosion and sediment control improvements. 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 necessary in order to ensure that the Developer installs, maintains, and ultimately removes the erosion and sediment control measures throughout the build-out of this Development. When identified, any violations of applicable laws, regulations, or policies regarding erosion and sediment control are to be corrected immediately per Part I.D.8 of the Developer's Colorado Discharge Permit System ("CDPS") Permit for Stormwater Discharges Associated with Construction Activity as required by the Colorado Department of Public Health and Environment ("CDPHE") and City Code § 26-498, Water Quality Control. If no CDPS Permit is required, violations of any applicable laws, regulations, or policies regarding erosion and sediment control are to be corrected immediately as required by the CDPHE and the Environmental Protection Agency (EPA) in accordance with the Clean Water Act, and City Code § 26-498, Water Quality Control. Failure to correct any violation shall prevent the Developer from building in any future phases until fully corrected. Upon stabilization of the disturbed areas, and upon the request of the Developer, the City will confirm that the Property is stabilized from potential erosion and sediment control discharges from construction activities and that all temporary erosion and sediment control measures used by the Developer are removed. In confirmation by 6 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,7 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO the City that the Property is stabilized, any remaining portions of the security deposit that is associated with the adequate maintenance of erosion and sediment control improvements shall be returned. 2. 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. 3. For private permanent water quality improvements located on private property associated with this Development (the "Private Water Quality Improvements"), on-site inspection by a City Inspector is required to verify the proper installation of such improvements at different stages of construction as specified in the "Overall Site and Drainage Certification"form. In the event of non-compliance, the City Inspector shall have the option to withhold building permits and/or certificates of occupancy. In addition, the City may avail itself of any other legal remedy that may be provided in the City Code, the Fort Collins Land Use Code ("Land Use Code") and/or this Development Agreement, as deemed necessary in order to ensure that the Developer or its successor(s) in interest properly installs and maintains the Private Water Quality Improvements as specified in the Final Development Plan Documents. 4. The Developer or its successor(s) in interest shall be responsible for maintaining the structural integrity and operational function of all drainage facilities constructed as part of this Development including, but not limited to, all drainage facilities and water quality features, extended detention water quality basins, bioretention facilities and/or permeable pavement systems_ These drainage facilities and/or features must be maintained in their original operational integrity throughout the build-out of this Development, following the completion of the construction of said facilities and features, and after acceptance of said facilities and features as certified to the City. If at any time following construction and certification (as required pursuant to Paragraph II.C.2 above) or during the construction of additional structures and/or lots within this Development, the City determines that said drainage facilities and features no longer comply with the Final Development Plan Documents, the City may give written notice to the Developer of all items that do not comply with the Final Development Plan Documents and request the restoration of the drainage facilities and features back to the function, standards and specifications designed and specified in the Final Development Plan Documents. Failure to maintain the structural integrity and operational function of said drainage facilities and features following certification will result in the withholding of the issuance of additional building permits and/or certificates of occupancy and, in addition, the City may avail itself of any other legal remedy that may be provided in the City Code, the Land Use Code and/or this Development Agreement until said drainage facilities and water quality features are repaired and restored to the physical characteristics, operational function 7 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,8 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO and structural integrity originally specified in the Final Development Plan Documents approved by the City for this Development. 5. All lots must 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 in compliance with the Final Development Plan Documents. 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 corners 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 requested date of issuance of the applicable certificate of occupancy. 6. 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 buildings and/or development of lots, whether by the Developer or others. 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. 7. Developer's drainage design for this Development includes evacuation of storm drainage runoff through a bioretention facilities and into the drainage outfall system in a reasonable amount of time. The bioretention facilities have been designed to discharge stormwater runoff from frequent storms over a 12-hour period. Under the intended operation of the bioretention facilities, there will not be standing water in the facility more than 24 hours after the end of a rainfall event. If after construction and acceptance of the bioretention facility associated with this Development, surfacing or standing water conditions persist in this facility; and if such conditions are beyond what can be expected in accordance with the approved stormwater design, the Developer shall promptly, upon such discovery, take appropriate action in order to return or modify (subject to City's approval of any such modification) the facility to function in accordance with the designed operation in accordance with the Final Development Plan Documents. 8 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,9 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO 8. The Developer shall be responsible for maintenance of all storm drainage facilities not identified as public in the Final Development Plan Documents in accordance with the Standard Operating Procedures (SOPs) contained in Exhibit B, attached hereto and incorporated herein by reference. D. Streets 1. No street oversizing reimbursement from the City is due the Developer for this Development. 2. As identified in Article III, Chapter 23 of the City Code (the "Encroachment Regulations") no encroachments or obstructions are allowed within the public rights-of-way without a permit ("Encroachment Permit"). The Developer understands and acknowledges that if the Final Development Plan Documents now or in the future, through an amendment process, include any encroachments or obstructions in the public rights-of-way the Developer shall apply for, meet any requirements or conditions, and obtain an approved Encroachment Permit prior to the installation of the encroachment(s). a. All requirements and conditions as identified on the Encroachment Permit and identified in the Encroachment Regulations shall be met and maintained both prior to and after issuance of the Encroachment Permit. The Encroachment Permit, which is non-transferable, is issued to the property owner or to the lessee of the property (with the property owners consent) in which the encroachment is adjacent to or benefits and the Developer understands that at such time as ownership of that parcel changes and/or a new lessee exists (as applicable) a new encroachment permit will need to be applied for and new liability insurance will need to be provided by the property owner. The permit is revocable pursuant to the Encroachment Regulations. b. The Developer, for itself and its successor(s) in interest, does hereby release and hold harmless the City from any damages to the encroachment arising from the City's actions in maintaining, repairing and/or replacing the public infrastructure including utilities, except as caused by the City's gross negligence or willful misconduct. C. The City shall have no responsibility for the installation and maintenance of any encroachment and 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 Developer's installation or maintenance of any encroachments onto the public right-of-way. 9 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,10 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO d. Only public utilities (defined as utilities owned and maintained by the City and gas utilities owned by Xcel Energy) or utility providers that have a franchise agreement with the City are allowed to be installed and located within public rights-of-way and public easements. Private utilities are allowed to cross public rights-of-way and easements provided that the crossing is perpendicular to the public right-of-way or easement, that sleeves are provided for the crossing in accordance with City standards, encroachment permits for such crossing are obtained, and the utility is registered with the utility locate center. Any private utilities found within public rights-of-way or easements not meeting the above criteria serving the Property shall be required to be removed by the Developer at the Developer's expense or apply for and obtain an approved Encroachment Permit. All sleeves across the right-of-way shall be designed and installed in accordance with City standards then in effect. e. If there is any conflict between this provision and the Encroachment Regulations, then the Encroachment Regulations will control. The Developer acknowledges that, as with any regulation, the Encroachment Regulations are subject to change and Developer agrees to abide by any changes to the Encroachment Regulations. 3. 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. 4. Following completion of all public infrastructure improvements, the Developer shall continue to have responsibility for maintenance and repair of said improvements in accordance with Sections 2.2.3, 3.3.1, and 3.3.2 of the Land Use Code of the City. E. Forestry 1. A Street Tree Permit must be obtained from the City Forester pursuant to City Code Chapter 27, Art. ll, Division 2, before any trees noted on the Final Development Plan Documents are planted or pruned on, or removed from, any public right-of-way or City property. This includes areas between the sidewalk and curb, medians, and other City property. The City may withhold any certificate of occupancy for the Development if the Developer fails to obtain a Street Tree Permit until the Developer obtains a Street Tree Permit and the planting, pruning, and removal of trees or shrubs on or from the public right-of-way or City property is in compliance with the Street Tree Permit and Final Development Plan Documents. In addition to withholding any certificate of occupancy, the City may avail itself of any other legal remedy provided by law for the failure to obtain a Street Tree Permit. As a condition of the Street Tree Permit and of this Agreement, at least one week prior to planting any trees the Developer shall: (1) allow 10 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,11 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO City Forestry Division staff to inspect the proposed planting sites to review compliance with the Final Development Plan Documents and applicable regulations; and (2) allow City Forestry Division staff to inspect and approve, at the nursery, if possible, all trees to be planted. City Forestry has the right to reject and/or substitute any trees that do not meet the Forestry Divisions standards. 2. All tree pruning and removal on the Property must be done by an arborist licensed by the City of Fort Collins and the name of such arborist shall be provided to the City Forestry Division prior to any pruning or removal commencing. A list of licensed arborists is maintained by the City Forestry Division and is available upon request or at fcgov.com/forestry. The use of heavy construction equipment, including but not limited to excavators, backhoes, and bulldozers, to remove trees is not allowed without prior Forestry Division written permission. 3. During construction, prior to either DCP issuance or of any demolition, grading, excavation, or site work commencing on the Property, whichever occurs earlier, tree protection must be installed around all trees that are shown to be preserved and protected on the Final Development Plan Documents and an arborist licensed by the City of Fort Collins must provide written confirmation to the City that such tree protection has been installed. Required tree protection measures are set forth in Land Use Code Section 3.2.1(G) and include, but are not limited to, the requirement that a minimum 4 foot high barrier be erected no closer than six (6) feet from the trunk or one- half ('/2) the length to the drip line (i.e. the canopy edge), whichever is greater. 4. Prior to landscape work commencing on the Property, the Developer shall schedule a meeting between City Forestry Division staff and the landscapers who will perform the work. 5. Tree protection must be maintained throughout the duration of construction activities on the Property. At any time during construction, and upon City Forestry Division written notice that tree protection is not adequate for one or more trees, the Developer shall cease construction activities adjacent to such tree or trees until required tree protection measures are in place to the satisfaction of the City Forestry Division. F. Soil Amendment 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 Land Use Code Section 3.8.21 prior to the issuance of a Certificate of Occupancy in this Development. In all areas associated with this Development that are to be landscaped or planted in accordance with the Final Development Plan Documents, and do require a building permit, the completion of soil amendments shall include certification by the Developer that the work has been completed in 11 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,12 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO accordance with City Code Section 2-132. 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 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. No language in this Paragraph shall be construed or interpreted as establishing in any way the City's liability for any act or omission and the terms of this Paragraph solely relate to the Developer's obligation to indemnify and hold harmless the City. 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 contained in Paragraph II.G 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 same, shall cause the foregoing indemnities and hold harmless t2 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,13 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO 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 stockpiled combustible material will be allowed on the Property 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 a 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. Digital 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. I. Footing and Foundation Permits Notwithstanding any provision in this Agreement to the contrary, the Developer shall have the right to obtain Footing and Foundation permits upon the installation of all underground water, sanitary sewer, and storm sewer facilities, and an emergency accessway for the phase in which the permit is being requested. Facilities shall include but not be limited to all mains, lines, services, fire hydrants and appurtenances for the Property. J. Development Construction Permit 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 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,14 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO 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 C, attached hereto and incorporated herein by reference. 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 C 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. L. Tract A Required Off-site Improvements and Parking There are off-site improvements required with the construction of this project that fall outside of Lot 7 onto Tract A. The term off-site improvements shall refer to: • All proposed landscaping & irrigation equipment/appurtenances and meter; • Improved and enlarged trash enclosure; • Hard-scaped sidewalks and patio area, including bike racks; • Hard-scaped parking areas; • Free-standing light poles; • Drainage features specifically including the LID swale/rain garden and the LID planter boxes; and • All proposed utility connections required to the mixed-use building to be constructed on Lot 7. Tract A is owned and maintained by the PVP Property Owners Association ("HOA"). The HOA and the Developer shall work together to limit the area of disturbance required for the project throughout its progression. The off-site improvements shall not be deemed completed until the mixed-use building to be constructed on Lot 7 has received a Certificate of Occupancy. All of these improvements will be under the control of the Developer until they Certificate of Occupancy is received. Once the off-site improvements have been completed, the Developer intends to transfer ownership and maintenance of the off-site improvements, with the exception of the drainage features including the LID swale/rain garden and the LID planter boxes, to the HOA. Notwithstanding the transfer of ownership and maintenance of such off-site improvements to the HOA, the Developer acknowledges its ongoing obligation to ensure the off-site improvements are maintained in perpetuity to ensure compliance with the Final Development Plan Documents. Furthermore, Tract A provides shared parking for Lot 7 and other businesses, customers and residents within the Poudre Valley Plaza P.U.D. with equal access to all of the spaces. The Developer acknowledges its ongoing obligation to ensure that it has sufficient parking within Tract A in perpetuity to ensure compliance with the Final Development Plan Documents. 14 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,15 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO III. 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 that, in the inspector's opinion, is hazardous to the public health and welfare. 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 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. 15 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,16 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO 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 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 the Developer which shall require the City to commence legal or equitable action against the Developer, the Developer shall be liable to the City for its 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. 16 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,17 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO 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: Schuman Companies c/o Philip Schuman 7835 Greendale Rd#104 Windsor, CO 80550 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, 17 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,18 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO 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. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or under any other law. THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation DocuSigned by: By: �t4W��Itib PtdFj'b1N&Ytt1no, City Manager ATTEST: DocuSigned by: 934 E2438639B429... City Clerk DocuSigned by: APPROVED AS TO CONTENT:DocuSigned by: Ce� 290ADC90407E4C4... City Engineer APPROVED AS TO FORM: DocuSigned by: DB54162E9E104E1... Assistant City Attorney 18 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,19 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO DEVELOPER: SC PVP Holdings LLC, a Colorado limited liability any By: 1 � ilip Schuman, Manager STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this ' day of ('y , 20z-3 , by Philip Schuman as Manager of SC PVP Holdings LLC, a Colorado limite ability company. Nd'ta�-Public My Commission Expires: ,,1 SHIRLEY A FURSTENAU E- 19PUBLIC-STATE OF COLORADO OTARY ID 20124009028 MISSION EXPIRES FEB 15,2024 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,20 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO EXHIBIT A 1. 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 20 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,21 of 27,S143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO EXHIBIT B STANDARD OPERATING PROCEDURES (SOPS) 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) clearly identify BMP maintenance responsibility. BMP maintenance is 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. For this project, the privately owned BMPs shown in Section B below are to be maintained by the Developer (or successor in interest which may be a property owner, or Homeowners Association (HOA), or property manager). It is incumbent upon the Developer to keep maintenance records and provide these records to the City upon request. B. Site-Specific SOPS The following stormwater facilities contained within this development are subject to SOP requirements: - Directly Connected Downspouts Perforated Subdrain - Pre-Sedimentation Forebay - Bioretention The location of said facilities can be found on the "POUDRE VALLEY PLAZA MIXED USE LOT 7, POUDRE VALLEY PLAZA P.U.D." Utility Plans and Landscape Plans. Required inspection and specific maintenance procedures and frequencies are outlined in the following pages. General 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. 21 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,22 of 27,5143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO SOP Maintenance Summary Table Stormwater Facility/ Ownership/ UDFCD Maintenance Reference BMP Responsibility Directly Connected Private N/A Downspouts Perforated Subdrain Private N/A Pre-Sedimentation Private Follow guidelines for Pre-Sedimentation Forebay Forebay (Chapter 6, Section 9.0) Follow guidelines for Bioretention (Chapter 6, Bioretention/Bioswale Private Section 5.0) Directly Connected Downspouts Many of the downspouts connect directly to the storm drain system. The following SOP generally applies to all direct downspout connections. This SOP can more specifically apply to those which drain directly to the reservoir areas beneath the Modular Block Pavers. At each of these connections, the downspout discharges to a perforated drain basin. The drain basins discharge directly to the MBP reservoir. The drain basins are designed to prevent debris and sediment from entering the MBP reservoir area. Debris and sediment compromise the functionality and effectiveness of the system. Routine Maintenance Table for Directly Connected Downspouts Required Maintenance Objective Frequency of Action Action Inspect the downspout and basin to ensure the system functions as it Inspections Routine was designed, Repair or replace damaged downspouts as needed. Sediment, Remove debris and litter from the Routine—just before annual storm seasons Debris and Litter basin. Remove sediment from the (i.e., April/May); at the end of storm season after leaves have fallen; and following removal sump. significant rainfall events. 22 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,23 of 27,S143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO Perforated Subdrain The perforated subdrain system storm drain outfall at the bottom of the Low Impact Development (LID) system is critical to the overall function of the system subbase. As such, special maintenance has been identified to ensure these perforated drain systems perform as they were designed. Perforated subdrains leading away from the LID system is designed to provide faster release of water when accumulation occurs under the LID system. outflow should be seen into downstream storm boxes. If not seen it is recommended that the system is inspected using a video camera to verify no clogging has occurred. Perforated subdrains leading toward the LID system are designed to provide an opportunity for infiltration. These subdrains may lead to a drywell where additional infiltration capacity is available to reduce runoff per the stated LID goals adopted by the City. Routine Maintenance Table Required Maintenance Objective Frequency of Action Action Use a video camera to inspect the condition of the perforated drain pipes. Cleanout pipes as needed. If Inspection Every two to five years. the integrity of the pipe is compromised, then repair the damaged section(s). Where accessible, expose inlet and/or outlet of perforated pipe Inspection Minimum Annually and watch for water inflow and/or outflow. Pre-Sedimentation Forebay Routine Maintenance Table (Summary from Chapter 6 of UDFCD) Required Maintenance Objective Frequency of Action Action 23 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,24 of 27,5143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO Remove debris and litter as needed. Routine-- Including just before annual storm Debris and Litter Floating debris can clog the seasons (that is, April and May), end of storm removal overflow structure season after leaves have fallen, and following significant rainfall events. Remove accumulated sediment Non-routine— Performed when sediment from the bottom of the basin accumulation appears to result in excessive Forebay before it becomes a significant algae growth or mosquito production. This Sediment source of pollutants for the may vary considerably, but expect to do this removal remainder of the pond. Inspect to every approximately every 4 years, as ensure that sediment does not necessary per inspection if no construction result in excessive algae growth or activities take place in the tributary watershed. mosquito production. More often if they do. Inspect to ensure that the facility continues to function as initially Routine —Annual inspection of hydraulic and intended. Examine the outlet for structural facilities. Also check for obvious Inspections clogging, erosion, slumping, problems during routine maintenance visits, excessive sedimentation levels, especially for plugging of outlets. Note the overgrowth, embankment integrity amount of sediment in the forebay and look and damage to any structural for debris at the outlet structure. element_ Bioretention Routine Maintenance Table (Summary from Chapter 6 of UDFCD) Required Maintenance Objective Frequency of Action Action Occasional mowing of grasses and Lawn mowing weed removal to limit unwanted Routine— Depending on aesthetic and vegetative vegetation. Maintain irrigated turf requirements, planting scheme and cover. grass as 2 to 4 inches tall and non- Weeds should be removed before they care irrigated native turf grasses at 4 to 6 flower. inches. Debris and litter Remove debris and litter from removal and bioretention area and upstream Routine— Including just before annual storm snow concrete forebay to minimize seasons and after snow season (April or stockpiling clogging of the sand media. Remove May), end of storm season after leaves have 24 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,25 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO debris and litter from the pond area fallen, and following significant rainfall and outlet orifice plate to minimize events. clogging. Remove debris and litter from curb channel and sidewalk chase outlets adjacent to pond if applicable to minimize clogging. Avoid stockpiling snow in the bioretention area to minimize clogging from sediment accumulation. Inspect detention area to determine if the sand media is allowing acceptable infiltration. If standing Routine — Biannual inspection of the Inspections water persists for more than 24 hours hydraulic performance. after storm runoff has ceased, clogging should be further investigated and remedied. Non-routine — Performed when clogging is Growing media Restore infiltration capacity of due to the migration of sediments deep into replacement bioretention facilities. the pore spaces of the media. The frequency of replacement will depend on site-specific pollutant loading characteristics. 25 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,26 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO EXHIBIT C 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. 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. 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 26 RECEPTION#20230019249, 5/12/2023 1:14:25 PM,27 of 27,$143.00 Electronically Recorded Angela Myers,Clerk&Recorder,Larimer County,CO 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. 27