HomeMy WebLinkAboutWorthington Storage - Filed DA-DEVELOPMENT AGREEMENT - RECEPTION#20240020396, 5/22/2024 3:09:45 PM,1 of 32,$168.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND
STRATEGIC STORAGE PARTNERS, LLC, A COLORADO CORPORATION
IS DEVELOPMENT AGREEMENT (the "Agreement"), is made and entered into
this Yday of 2024, by and among the CITY OF FORT COLLINS,
COLORADO, a Municipal o poration, hereinafter referred to as the "City;" Strategic
Storage Partners, LLC, a Co orado Limited Liability Company, hereinafter referred to as
the "Developer;" and Imago Enterprises, Inc., a Colorado Corporation, hereinafter
referred to as the "Owner."
WITNESSETH:
WHEREAS, the Developer has entered into an agreement with the Owner to
acquire ownership of certain real property situated in the County of Larimer, State of
Colorado (hereinafter referred to as the "Property" or, in context with the proposed
improvements as the "Development") and legally described as follows:
Being a replat of Lot 1, Centre for Advanced Technology, P.U.D., Sixteenth Filing,
Located in the Southwest Quarter of Section 23, Township 7 North, Range 69 West
of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado.
also known by street and number as 2525 Worthington Circle.
WHEREAS, the Development is known to the City as Worthington Self Storage,
ID#FDP220016, PDP220003; 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 to serve the 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
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the installation 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. References to the City Code, Land Use Code, or other laws, regulations, or
rules shall include subsequent amendments thereto or adopted laws, regulations, or rules
intended to replace or otherwise supersede prior laws, regulations, or rules. By way of
example, if the City were to adopt in the future a Land Development Code that replaces
and supersedes the current Land Use Code, then the relevant section of the Land
Development Code would apply in lieu of the Land Use Code provisions referenced
herein.
C. 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.
D. All water, sanitary sewer, and storm sewer lines and facilities, and all
streets, curbs, gutters, sidewalks, bikepaths, and other public improvements required by
this Development shall be paid for and installed by the Developer 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 year time limitation from
the date of approval of the Final Development Plan Documents. 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 Final Development Plan Documents,
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.
E. 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
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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.
F. 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 by the Developer 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.
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 (ROW)
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. Developments constructed with privately maintained streets shall be
constructed to the same design standards as those constructed on similar public ROWS.
The Developer shall provide public easements for access, utilities, and drainage as
required by the design and location of such infrastructure and as reflected on the plans.
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.
K. 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
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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 claim 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) claims and damages that are
caused by the acts or omissions of the City in maintenance of facilities that 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. 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 a settlement. Failure of the City to give notice of any
such claim to the Developer within ninety days after the City first receives a notice of the
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 the 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.
L. 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.
M. 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.
N. 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, and requirements, including solid waste
requirements, as defined by the U. S. Environmental Protection Agency Regulations at
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40 C.F.R., Part 261. The Developer further represents that the property as dedicated to
the City pursuant to this Development, is in compliance with all 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; 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. This indemnity and hold harmless agreement applies to damages or
liability 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.
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.
O. 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.
P. 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.
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II. Special Conditions
A. Water Lines
Not applicable.
B. Sewer Lines
Not applicable.
C. Storm Drainage Lines and Appurtenances
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. The security deposit(s) shall be made in accordance with the criteria set forth
in the City's Stormwater Criteria Manual ("Criteria") referenced at City Code Section 26-
500. When the security deposit(s) is a letter of credit or a bond the Developer shall replace
the security no later than thirty 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 that 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 the Plan Documents
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 Plan Documents 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
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("CDPS") Permit for Stormwater Discharges Associated with Construction Activity as
required by the Colorado Department of Public Health and Environment ("CDPHE") and
City Code Section 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 Section
26-498, Water Quality Control. Failure to correct any violation shall permit the City to
issue a "stop work order" preventing the Developer from continuing construction of any
kind within the Development 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 the City that the Property is stabilized, any remaining portion
of the security deposit that is associated with the adequate maintenance of erosion and
sediment control improvements shall be returned to the Developer.
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 the Final Development Plan Documents
prior to the issuance any certificate of occupancy. Completion of improvements shall
include the certification by a Colorado licensed professional engineer that the drainage
facilities that serve this Development have been constructed in conformance with the
Final Development Plan Documents. Said certification shall be submitted to the City for
review and acceptance 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
City Land Use Code ("Land Use Code") and/or this 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
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following construction and certification (as required pursuant to Paragraph II.C.1 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 Agreement until said drainage facilities and water quality features are repaired
and restored to the physical characteristics, operational function 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. The certification shall be completed
by a Colorado licensed professional engineer and shall be submitted to the City for review
and acceptance 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. The Developer shall limit the construction of the off-site storm
drainage improvements to the limits of construction as shown on the Final Development
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Plan Documents. The Developer 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 these facilities. No grading shall be done outside of the approved areas as shown on
the Final Development Plan Documents.
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)for Stormwater contained in
Exhibit C, 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. 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
access, utilities, and drainage shall be dedicated to the public and clearly shown on the
plat.
3. As identified in City Code Chapter 23, Article III (the "Encroachment
Regulations") no encroachments or obstructions are allowed within the public ROWS
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 ROWS
the Developer shall apply for, meet any requirements or conditions of, and obtain an
approved Encroachment Permit prior to the installation of the encroach ment(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) to which the encroachment is adjacent
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
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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 claim that might arise, directly or indirectly, as a
result of the Developer's installation or maintenance of any
encroachments onto the public ROW.
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 ROWs and public easements. Private
utilities are allowed to cross public ROWs and easements provided
that the crossing is perpendicular to the public ROW or easement,
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 ROWs 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 ROW
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.
4. 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.
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5. Following completion of all public infrastructure improvements, the
Developer shall continue to have responsibility for maintenance and repair of said
improvements in accordance with Land Use Code Sections 2.2.3, 3.3.1, and 3.3.2.
E. Natural Resources
Not applicable.
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 for 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 accordance
with City Code Section 2-132. This certification shall be submitted to the City for review
and acceptance 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, 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 the public property shall not be damaged, or if damaged, shall, upon completion of
any subdrain system 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, agrees to indemnify and hold harmless the City against, any damages or injuries
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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, 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
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 under either of
the following circumstances:
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1. Upon the installation of all underground water, sanitary sewer, and
storm sewer facilities, and an emergency accessway for the Property in which the permit
is being requested (the "Required Improvements"). The Required Improvements shall
include but not be limited to all mains, lines, services, fire hydrants and appurtenances
for the site as shown on the Final Development Plan Documents; or
2. Upon the installation of only those Required Improvements deemed
necessary or desirable in order to issue the Footing and Foundation permit as determined
in the sole discretion of the City after discussion with the Developer prior to issuance of
the Development Construction Permit. Should the City allow the Developer to install
certain Required Improvements after issuance of the Footing and Foundation permit, the
remaining Required Improvements that must be installed by the Developer and the timing
for such installation shall be memorialized in the Development Construction Permit. The
Developer agrees to comply with the Development Construction Permit with regards to
the installation and timing of the remaining Required Improvements.
J. Development Construction Permit
1. The Developer shall apply for and obtain a Development
Construction Permit for this Development, in accordance with Land Use Code Division
2.6 before the Developer commences construction. The Developer shall pay the required
fees for the 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.
2. Prior to the issuance of a Development Construction Permit the
Developer shall obtain the approval of a Construction Management Plan from the City.
The Construction Management Plan shall define the management of the construction of
the Development, establishing the timing, duration, location, delivery, and storage of
materials and idle equipment; the timing, duration, and location of parking; and the timing,
duration, and location for the operation of equipment. The Construction Management Plan
shall define the impacts (if any) to public ROWs, which would then be subject to the
Encroachment Regulations as indicated in Paragraph II.D.3 of this Agreement.
K. Maintenance and Repair Guarantees
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 B, attached hereto and incorporated herein by reference.
Security for the maintenance guarantee and the repair guarantee shall be as provided in
Land Use Code Section 3.3.2(C). Notwithstanding the provisions of Paragraphs III (H)
and (1) of this Agreement to the contrary, the obligations of the Developer pursuant to this
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Paragraph and Exhibit B 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. Forestry.
A Street Tree Permit must be obtained from the City Forester pursuant to
City Code Chapter 27, Article II, Division 2, before any trees noted on the Final
Development Plan Documents are planted or pruned on, or removed from, any public
ROW 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 ROW 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
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 City Forestry Division's standards. Existing and new street trees must continue
to be watered at a minimum of 40 gallons per week during all construction activities to
maintain current tree condition in temperatures above 40 degrees using irrigation or
hauled water sources. If street trees are damaged or die due to lack of water during
construction activities, the developer will be charged the value of the trees as per
appraisal by City Forestry Division staff.
2. All tree pruning and removal on the Property must be done by an
arborist licensed by the City and the name of such arborist shall be provided to the City
Forestry Division before any pruning or removal commences. 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 Development Construction Permit
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 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 (1/) the length to the drip line (i.e. the canopy edge), whichever is greater.
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4. Before landscape work commences 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.
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 ROW 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 City Code Chapter 20, Article IV, the Developer
shall, at all times, keep the public ROWfree 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
ROW. The Developer further agrees to maintain the finished street surfaces so that they
are free from dirt caused by the Developer's operation or resulting from 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 ROW clean and free
from accumulation of dirt, rubbish, and building materials.
C. The Developer 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
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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) any 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 Final 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, the defaulting party shall be given written notice
specifying the default and shall be allowed a period of ten (10) days within which to cure
the 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
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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,
that 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.
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: Strategic Storage Partners, LLC
c/o Alan Westfall
1720 S. Bellaire St. PH
Denver, CO 80222
With a copy to: Jones & Keller, P.C.
Attn: Ryan Behrman
1675 Broadway, 26th Floor
Denver, CO 80202
If to the Owner: Imago Enterprises, Inc.
c/o Lester Kaplan
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140 Palmer Drive
Fort Collins, CO 80525
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 all genders, and when the sentence so indicates, gendered words 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, or 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. The Owner is made a party to this Agreement solely for the purpose of
subjecting the Property to the covenants contained in this Agreement. The City and the
Developer expressly acknowledge and agree that the Owner shall not be liable for any
obligations of the Developer under this Agreement, unless the Owner exercises the rights
of the Developer to develop the Property, in which event the obligations of the Developer
shall become those of the Owner.
Q. 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.
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THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
DocuSigned by:
By:
0586D5871 D89400...
Kelly DiMartino, City Manager
ATTEST:
DocuSigned by:
E
� 1 wS DocuSigned by:
Interim
04 FORT COrC
City Clerk
v.
APPROVED AS TO CONTENT: : SEAL
DocuSigned by:
COLORA90
(.Ater
OF6AA=6B864EA...
City Engineer
APPROVED AS TO FORM:
DocuSigned by:
8CBE2C1200F9418...
Assistant City Attorney
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DEVELOPER
Strategic Storage Partners, LLC, a Colorado
Limited Liability Company registered and in
good standi Colorado
By:
Alan estfa�#,/ anaging Member
ATTEST: �.
Name, Title
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this '� day of
, 2024, by Alan Westfall as Managing Member of Strategic Storage Partners,
LLC Colorado Limited Liability Company.
Notary blic
My Commission Expires: ���
SHELBY FRY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID'20194015353
MY COMMISSION EXPIRES APRIL 22,2027'
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OWNER:
Imago Enterprises, Inc., a Colorado
Corporation
By:
Lester Kaplan, Presid nt
ATTEST:
LAMVe9-1Za"&Aab&; Q,d o C� �nsasS�c.
Name, Title
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
14 , 2024, by Lester Kaplan as President of Imago Enterprises, Inc., a Colorado
Corporation.
Notary IMbIFC
My Commission Expires:41661 e2a,000
SHELBYFRY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20194015353
MY COMMISSION EXPIRES APRIL 22,2027
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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.
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EXHIBIT B
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 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 that occurred prior to the end of the two (2)
year period and that are unrepaired at the termination of said period shall remain the
responsibility of the Developer.
REPAIR GUARANTEE:
The Developer agrees to hold the City 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 claim, damages, or demand arising on
account of the design and construction of public improvements of the Property shown on
the approved Final Development Plan 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
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
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natural creeks and rivers, and any other matter whatsoever on private property. Any
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.
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EXHIBIT C
STANDARD OPERATING PROCEDURES (SOPS) FOR STORMWATER
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
- Storm Drain Lines
- Sedimentation Sump
- Vegetated and/or Cobble Swale
- Underground Detention — StormTech
The location of said facilities can be found on the Worthington Storage 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.
SOP Maintenance Summary Table
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Stormwater Facility/ Ownership/
UDFCD Maintenance Reference
BMP Responsibility
Directly Connected
Private N/,4
Downspouts
Perforated Subdrain Private N/A
Follow guidelines for Storm Sewer System
Storm Drain Lines Private Cleaning(Chapter5, Source Control BMP
Fact Sheet 5-12)
Sedimentation Sump Private N/A
Follow guidelines for Grass Buffers and
Vegetated and/or Swales(Chapter6, Section 4.0). Take note of
Cobble Swale Private native vegetation. Also follow
recommendations on Landscape Plans and
Specifications.
Underground
Follow guidelines for Underground BMPs
Detention — Private
StormTech (Chapter 6, Section 12.0)
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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.
Routine—just before annual storm
Sediment, Remove debris and litter from the seasons (i.e., April/May); at the end of
Debris and Litter basin. Remove sediment from the storm season after leaves have fallen;
removal sump. and following significant rainfall
events.
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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.
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Storm Drain Lines Maintenance Plan
Storm drain lines are subject to sedimentation as well as tree roots clogging the flow path or
altering the pipe slope. Maintenance is important to ensure these storm drain systems perform as
they were designed.
Routine Maintenance Table
Required
Maintenance Objective Frequency of Action
Action
Use a video camera to inspect the
condition of the storm drain pipes.
Cleanout pipes as needed. If the
Inspection Every two to five years.
integrity of the pipe is
compromised, then repair the
damaged section(s).
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Sedimentation Sump Maintenance Plan
The sedimentation sumps located upstream of drywells or infiltration galleries are intended to
reduce the accumulation of sediment and debris in underground systems. These sumps have a
capacity provided for accumulated sediment that must be maintained. These sumps are located
within manholes or inlets as shown on the utility plans.
Routine Maintenance Table
Required
Maintenance Objective Frequency of Action
Action
Sediment will need to be removed regularly from
the inlet. Sediment should be removed prior to
the depth of the water reducing below 2' from
Inspections and the top of the sediment buildup to the snout Routine— Inspect at least
Debris Removal bottom. A vacuum truck should be used to every other year or as
remove all sediment and residual water from the conditions apply.
inlet. Remaining sediment may be removed
manually and disposed of in a legal manner. The
sump should then be filled with clean water.
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Tina Harris,Clerk&Recorder,Larimer County,CO
Vegetated and/or Cobble Swales
Routine Maintenance Table (Summary from Table GS-1, Chapter 6 of UDFCD)
Required
Maintenance Objective Frequency of Action
Action
Maintain irrigated grass at 2 to 4
Lawn mowing inches tall and non-irrigated native
and Lawn care grass at 6 to 8 inches tall. Collect Routine—As needed.
cuttings and dispose of them offsite
or use a mulching mower.
Keep the swale area clean for
Debris and Litter aesthetic reasons, which also reduces Routine—As needed by inspection,
removal the potential for floatables being but no less than two times per year.
flushed downstream.
R
Remove accumulated sediment near outine—As needed by inspection.
Estimate the need to remove
Sediment culverts and in channels to maintain
removal flow capacity. Replace the grass areas sediment from 3 to 10 percent of
damaged in the process. total length per year, as determined
by annual inspection.
Check the grass for uniformity of
Routine—Annual inspection is
Inspections cover, sediment accumulation in the
suggested.
swale, and near culverts.
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Tina Harris,Clerk&Recorder,Larimer County,CO
Underground Detention - StormTech Subsurface Stormwater Management Chambers
Subsurface stormwater management chambers are located under portions of the parking lot and
landscaping as shown in the Final Development Plan documents. The primary purpose of this
system is to provide detention quantity storage. However, the chambers and associated Isolator
Row provide additional water quality and low-impact development benefits as well.
An important component of any stormwater BMP is proper inspection and maintenance. The
StormTech Isolator Row is a patented technique to improve Total Suspended Solids (TSS)
removal and provide easy access for inspection and maintenance.
Routine Maintenance Table for Subsurface Stormwater Management Chambers
Required
Maintenance Objective Frequency of Action
Action
Inspect the Isolator Row for sediment.
Inspect immediately following
Using a flashlight and stadia rod,
construction and every 6 months
measure depth of sediment and record
thereafter during the first year of
on maintenance log. If sediment is at, or
Inspection of operation. Adjust the inspection
above, a 1.5" depth Isolator Row must
Isolator Row interval based on previous
be cleaned.
observations of sediment
Reference StormTech Operations &
accumulation and high water
Maintenance Guidelines for further
elevations.
information.
Use a JetVac process with a fixed culvert
cleaning nozzle and a rear facing spread
of 45" or more. Apply multiple passes
If sediment is at, or above, a 1.5"
Cleaning of of JetVac until backflush water is clean.
depth Isolator Row must be
Isolator Row Vacuum structure sump as required.
cleaned.
Reference StormTech Operations &
Maintenance Guidelines for further
information.
Inspection of
Inspect and clean all basins, manholes, Follow same schedule as Isolator
Upstream and
and associated structures upstream and Row inspections, or more
Downstream
immediately downstream of the system. frequently, if desired.
Structures
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