HomeMy WebLinkAboutJEROME STREET STATION - Filed DA-DEVELOPMENT AGREEMENT - RECEPTION#20240051481, 12/2/2024 3:01:48 PM,1 of 48,S248.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND
JEROME STREET STATION, LLC
THIS DEVELOPMENT AGREEMENT (the "Agreement"), is made and entered into
this 27th day of November 2024 , by and between the CITY OF FORT COLLINS,
COLORADO, a Municipal Corporation, hereinafter referred to as the "City"; and Jerome
Street Station, 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 referred to as the "Property" or, in context
with the proposed improvements as the "Development") and legally described as follows,
to wit:
BEING A REPLAT OF BLOCK 1 & TRACT JJ, OLD TOWN NORTH, AND LOT 2,
BLOCK 1, WILL SUBDIVISION, LOCATED IN THE SOUTHWEST QUARTER OF
SECTION 1, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6T" P.M., CITY
OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO.
WHEREAS, the Development is known to the City as Jerome Street Station, ID#
PDP210009 and FDP230006; 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 Developer desires to accomplish the development of the Property
according to a phasing plan and has submitted to the City as part of the Final
Development Plan Documents its phasing plan, attached hereto and incorporated herein
as Exhibit E ("Phasing Plan"); and
WHEREAS, the parties hereto have agreed that the development of the Property
will require increased municipal services from the City to serve such area and will further
require the installation of certain improvements primarily of benefit to the Property and
not to the City as a whole; and
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Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67
WHEREAS, the Developer has submitted to the City Exhibit F, attached hereto
and incorporated herein, as part of the Final Development Plan Documents, which
comprises the Phase 1 and Phase 2 public infrastructure cost estimates as of July 2024,
within which cost estimates the Developer intends to maintain its expenses for installing
public infrastructure; and
WHEREAS, the City has approved the Final Development Plan Documents
submitted by the Developer, subject to certain requirements and conditions, which involve
the installation of and construction of utilities and other municipal improvements in
connection with the development of the Property.
NOW, THEREFORE, in consideration of the promises of the parties hereto and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, it is agreed as follows:
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. 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.
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 the time limitation from the date
of approval of the Final Development Plan Documents set forth in the Phasing Plan. In
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Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7
the event that the Developer commences or performs any construction pursuant hereto
after the passage of the applicable deadlines set forth in the Phasing 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.
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
such structure, to the extent within the applicable phase as set forth in the Phasing Plan,
have been completed and accepted by the City. No building permit 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, shall be
installed within the time and/or sequence required on Exhibit A and the Phasing Plan. 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 the Phasing
Plan.
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.
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Tina Harris,Clerk&Recorder,Larimer County,CO
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J. Developments constructed with privately maintained streets shall be
constructed to the same design standards as those constructed on similar public rights-
of-way (ROW). Public easements shall be provided for access, utilities and drainage as
required by the design and location of such infrastructure and as reflected on the Final
Development Plan Documents. Alignment and grades on privately maintained streets
and drives shall allow for safe access, ingress and egress by owners, visitors, the general
public and public safety officials and equipment, as approved by the City Engineer.
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
serve the Property (and other lands as may be required, if any). The Developer shall
meet or exceed the minimum requirements for storm drainage facilities as have been
established by the City in its Drainage Master Plans and Design Criteria. The Developer,
for itself and its successor(s) in interest, does hereby indemnify and hold harmless the
City from any and all claims that might arise, directly or indirectly, as a result of the
discharge of injurious storm drainage or seepage waters from the Property in a manner
or quantity different from that which was historically discharged and caused by the design
or construction of the storm drainage facilities, except for (1) such claims and damages
as are caused by the acts or omissions of the City in maintenance of such facilities as
have been accepted by the City for maintenance; (2) errors, if any, in the general concept
of the City's master plans (but not to include any details of such plans, which details shall
be the responsibility of the Developer); and (3) specific written or otherwise documented
directives that may be given to the Developer by the City. 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.
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
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Tina Harris,Clerk&Recorder,Larimer County,CO
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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 or requirements, including solid waste
requirements, as defined by the U. S. Environmental Protection Agency Regulations at
40 C.F.R., Part 261, and that such property as is dedicated to the City pursuant to this
Development, is in compliance with all such requirements pertaining to the disposal or
existence in or on such dedicated property of any hazardous substances, pollutants or
contaminants, as defined by the Comprehensive Environmental Response
Compensation and Liability Act of 1980, as amended, and regulations promulgated
thereunder. The Developer, for itself and its successor(s) in interest, does hereby
indemnify and hold harmless the City from any liability whatsoever that may be imposed
upon the City by any governmental authority or any third party, pertaining to the disposal
of hazardous substances, pollutants or contaminants, and cleanup necessitated by
leaking underground storage tanks, excavation and/or backfill of hazardous substances,
pollutants or contaminants, or environmental cleanup responsibilities of any nature
whatsoever on, of, or related to any property dedicated to the City in connection with this
Development, provided that such damages or liability are not caused by circumstances
arising entirely after the date of acceptance by the City of the public improvements
constructed on the dedicated property, except to the extent that such circumstances are
the result of acts or omissions of the Developer. Said indemnification shall not extend to
claims, actions or other liability arising as a result of any hazardous substance, pollutant
or contaminant generated or deposited by the City, its agents or representatives, upon
the property dedicated to the City in connection with this Development. The City agrees
to give notice to the Developer of any claim made against it to which this indemnity and
hold harmless agreement by the Developer could apply, and the Developer shall have
the right to defend any lawsuit based on such claim and to settle any such claim, provided
the Developer must obtain a complete discharge of all City liability through such
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
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Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7
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.
II. Special Conditions
A. Water Lines.
The common, private water service (the "Water Service") beyond the City curb stop near
the City water main is owned and maintained by the legal entity representing all of the
owners of the properties served by these lines, which entity may include, without
limitation, an owners' association. The Development will connect to the Water Service,
and the City shall under no circumstances be responsible for any costs, maintenance or
otherwise, associated with the Water Service.
B. Sewer Lines
The common, private sewer service (the "Sewer Service") beyond the connection to the
City sanitary sewer is owned and maintained by the legal entity representing all of the
owners of the properties served by these lines, which entity may include, without
limitation, an owners' association. The Development will connect to the Sewer Service,
and the City shall under no circumstances be responsible for any costs, maintenance or
otherwise, associated with the Sewer Service.
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 for each phase
of construction. The amount of the security deposit required for each phase is shown in
the Final Development Plan Documents,. The security deposit for each phase shall be
deposited prior to beginning construction on such phase, respectively, 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 for such
phase. Said security deposit(s) shall be made in accordance with the criteria set forth in
the Stormwater Criteria Manual("Criteria") referenced in City Code Section 26-500. When
said security deposit(s) is a letter of credit or a bond the Developer shall replace the
security no later than thirty (30) days before its expiration date. If the security posted by
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Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7
Developer is a Letter of Credit, and such letter has not been replaced or renewed within
thirty (30) days of its expiration date, the City may elect to draw and hold the funds as it
sees fit as the security deposit(s) hereunder. 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 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, installation, maintenance, and/or
removal 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. Upon
stabilization of all the disturbed areas in each phase, and upon the request of the
Developer, the City will confirm that the phase is stabilized from potential erosion and
sediment control discharges from construction activities and that all temporary erosion
and sediment control measures from the phase by the Developer are removed. In
confirmation by the City that a phase is stabilized, any remaining portions of the security
deposit from that respective phase that is associated with the adequate maintenance of
erosion and sediment control improvements shall be returned. The Developer further
agrees that construction in any future phase shall not commence until the Developer has
corrected any potential or actual erosion, sedimentation, and/or pollution violations. When
identified, any violation of applicable laws, regulations, or policies regarding erosion and
sediment control must 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 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.
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 within the applicable phase set forth in
the Phasing Plan. Completion of improvements shall include the certification by a
professional engineer licensed in Colorado that the drainage facilities that serve this
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Development have been constructed in conformance with said Final Development Plan
Documents. Said certification shall be submitted to the City for review and acceptance
at least two (2) weeks prior to the issuance of any certificate of occupancy in the
applicable phase set forth in the Phasing Plan.
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 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.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 Development 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 buildings 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
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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 for review and
acceptance at least two (2)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
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. Developer's drainage design for this Development includes
evacuation of storm drainage runoff through 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 these bioretention facilities, there will not be standing
water in the facilities more than 24 hours after the end of a rainfall event. If after
construction and acceptance of the bioretention facilities associated with this
Development, surfacing or standing water conditions persist in a particular 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
particular facility to function in accordance with the designed operation in accordance with
the Final Development Plan Documents.
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9. 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 D,
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 Chapter 23, Article III, 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
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 owner's 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 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.
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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.
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.
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, all as set forth on
the Final Development Plan Documents.
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 Sections 2.2.3, 3.3.1, and 3.3.2 of the Land Use Code,
subject to Section II (K) and Exhibit B.
E. Natural Resources.
1. The Final Development Plan Documents identify areas within the
Property that are not to be disturbed in order to prevent environmental damage to the
natural habitats or features ("Natural Habitat Buffer Zone" or "NHBZ"). Neither the
Developer nor its contractor shall intrude upon, remove, fill, dredge, build upon, degrade
or otherwise alter natural habitats and features delineated on the Final Development
Plan Documents, except for the limited purposes allowed within the Final Development
Plan Documents. These activities are allowable under Land Use Code Section 3.4.1(E).
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The City's Environmental Planner shall periodically inspect the Property to ensure
compliance with the NHBZ requirements established in the Final Development Plan
Documents.
2. The Developer shall ensure that all landscaping within the Natural
Habitat Buffer Zone is properly maintained for a three (3) year period following
construction thereof to ensure that the vegetation is fully established and maintained in
accordance with the Standard Operating Procedures for Natural Resources attached to
this Development Agreement as Exhibit C.
a. The status and effectiveness of the vegetation shall be evaluated by the
Developer and the results reported to the City Environmental Planner, Planning
Department annually (at a minimum) for review.
b. Prior to the issuance of a Development Construction Permit (DCP), the
Developer shall provide the City an acceptable form of security (escrow, bond, or
letter of credit) to guarantee completion of the NHBZ landscape improvements
that meets City standards for acceptability. The security must match the cost of
landscape improvements, mitigation and restoration efforts, which shall include
plant material and irrigation system improvements, weed management, and three
(3) years of required monitoring and annual reporting equal to one hundred
twenty-five percent (125%) of the cost to be held until said improvements are
constructed and accepted by the City. The City shall return the security to the
Developer upon the Developer's installations of the landscape improvements and
the City's Environmental Planner acceptance thereof. If the seeded areas have
not been established in accordance with the Final Development Plan Documents,
then the Developer shall promptly provide the City's Environmental Planner with
a written proposal of steps and timing to bring the areas into conformance with
such Documents for the City's approval and, after receipt of approval shall
promptly take such steps as are necessary to implement the approved plan and
bring the areas into conformance. If the Developer does not take action to bring
any and all NHBZ areas and plantings into conformance with the approved Final
Development Plan Documents, the City shall use the security provided by the
Developer to install said NHBZ landscape improvements and the Developer
forfeits any right to the security.
c. The areas of the Development that are planned to be seeded shall be inspected
jointly by the Developer and the City at specified intervals for a minimum of three
(3) growing seasons or until determined by the City to be well established in
accordance with the coverage specifications of this Paragraph, whichever occurs
first. Areas seeded in the spring shall be inspected for required coverage each
immediately subsequent autumn, not later than October 1 st. Areas seeded at
any other time shall be inspected each immediately subsequent summer, not
later than August 1 st. The required coverage for the first inspection shall be no
bare spots larger than one (1) square foot. At the time of the third growing
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season inspection, and to meet the success criteria for the natural habitat buffer
zone:
i. The total ground cover vegetation contributed by all grass, forb,
shrub, and tree species present in the project area (planted and
volunteer species) is equal to or greater than seventy-percent
(70%),
ii. No more than ten percent (10%) of the species noted on the site
may be noxious weeds or species of weeds as defined by City
Code Section 20-41,
iii. There is no evidence of detrimental erosion due to rills, gullies or
bare spots of ground larger than one (1) square foot, and
iv. Survival rate of all planted shrubs and trees is equal to or greater
than eighty percent (80%). At the time of the third growing season
inspection, there shall be seventy-percent (70%) foliage cover of
majority specified species planted as measured from five feet (5)
directly overhead. No more than ten percent (10%) of the species
noted on the site may be species of weeds as defined by City Code
Section 20-41. The Developer shall be responsible for weed
control at all times. Determination of required coverage will be
measured using a line point intercept method with a number of
transects approved by the Environmental Planner, distributed either
randomly or on a grid-based pattern, to gain an adequate
representation of the seeded areas. Each transect will be ten (10)
meters in length with plant species or bare ground/rock/litter being
noted every ten (10) centimeters. The Developer shall warrant all
seeded areas for three (3) growing seasons from the date of
completion. The Developer shall rework and reseed per original
specifications any areas that are dead, diseased, contain too many
weedy species, or fail to meet the coverage requirement at no
additional cost to the City.
3. The Developer shall provide and abide by a Jerome Street
Townhomes Natural Habitat Buffer Zone Restoration and Annual Monitoring Plan that
encompasses revegetation techniques, monitoring methodology and timeline, and weed
management before, during, and after construction, included in Exhibit Y of this
Development Agreement, prepared by a qualified natural resource professional and
reviewed and approved by the City's Environmental Planner.
4. The Developer shall provide and abide by a Jerome Street Station
Prairie Dog Management Plan, included in Exhibit Z, that encompasses all activities
related to the removal of prairie dogs from the site, including the method used
depending on the timing of construction, and burrowing owl surveys according to
Colorado Parks and Wildlife recommended protocols. All prairie dog management
activities will occur prior to the commencement of grading or other construction on the
Development site, and the removal must be verified through an onsite inspection by the
City Environmental Planner and a summary report.
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5. If prairie dogs are euthanized on the site, the Developer shall
submit a payment in lieu fee of$11,688.18 (non-PERC/CO) or $9,546.18 (PERC/CO) to
the City of Fort Collis for prairie dog mitigation to the Natural Areas Department prior to
issuance of DCP.
6. Fueling facilities shall be located at least one hundred feet (100')
from any natural body of water, wetland, natural drainage way or manmade drainage
way. The fuel tanks and fueling area must be set in a containment area that will not
allow a fuel spill to directly flow, seep, run off, or be washed into a body of water,
wetland or drainage way. Fueling facilities not in compliance shall be moved at the
Developer's expense.
7. The Developer shall delineate the Development's property
boundary adjacent to all Limits of Development (L.O.D.) as defined by Land Use Code
Sections 5.1.2 and 3.4.1(N), including boundaries around existing trees that are to be
undisturbed, with orange construction fence prior to any type of construction, including
overlot grading.
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 within
the applicable phase of this Development set forth in the Phasing Plan. 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 Land Use Code Section 2.14.2. 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 the applicable phase of this Development
set forth in the Phasing Plan.
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.
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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
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 twenty feet (20') with four inches (4") of aggregate base course material
compacted according to City standards and with a one hundred foot (100') 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
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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 in Fort Collins 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:
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, within the applicable
phase set forth in the Phasing Plan, but shall specifically exclude any dry utilities, such
as, by way of example and not limitation, electric and gas lines; 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 within the applicable phase set forth in the Phasing
Plan. 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 Division 2.6 of the Land
Use Code, prior to the Developer commencing construction within the applicable phase
set forth in the Phasing Plan. 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 as set forth in Exhibit F, in accordance with
the Phasing Plan, 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 for
the applicable phase set forth in the Phasing Plan. The Construction Management Plan
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shall define the management of the construction of such phase 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 rights-of-way, 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,
unless a shorter period is set forth in Exhibit B, 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 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 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. Parks Planning and Development.
1. The Developer has identified a Public Access Easement (Easement)
suitable for the construction of a portion of the paved recreational trail on the Plat and the
Final Development Plan Documents. The Easement is adequate to construct a ten-foot
(10') wide paved trail surface located both on private property and in the public right-of-
way on the southeast portion of the Development. The regional trail segment is located
west of Jerome Street and approximately perpendicular to the Lake Canal Ditch (the
crossing of the ditch takes place in the public right-of-way). The Easement of Tract B was
identified on the final plat approved by the Park Planning and Development Department.
2. The Developer will construct the paved recreational trail as provided
in the Phasing Plan. The trail will be constructed per the standard trail detail, or as
otherwise approved the by Park Planning and Development department, prior to
construction.
3. The City will maintain the paved trail within the Easement.
Permanent maintenance will consist of seasonal mowing of two feet (2') on either side of
the trail edges at approximately two (2) to three (3) times per year, snowplowing as
needed, and repair/replacement of the trail surface (pavement or crusher fines) due to
normal wear and tear. The City does not mow or provide any other maintenance within
the Easement. The City will repair or replace any vegetation damaged by future mowing,
maintenance, repair or replacement of the constructed trail.
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4. The Developer and successor/s in interest shall disconnect the
irrigation system from the mainline along East Suniga Road to take over the parkway
watering and landscaping maintenance in perpetuity. The Developer shall contact the
Park Planning and Development department so that the disconnect can be field verified.
The Developer has identified a Public Access Easement (Easement) suitable for the
construction of a portion of the paved recreational trail on the Plat and the Final
Development Plan Documents. The Easement is adequate to construct a ten- foot (10')
wide paved trail surface located both on private property and in the public right-of-way on
the southeast portion of the Development. The regional trail segment is located west of
Jerome Street and approximately perpendicular to the Lake Canal Ditch (the crossing of
the ditch takes place in the public right-of-way). The Easement of Tract B was identified
on the final plat approved by the Park Planning and Development Department.
5. The Developer will construct the paved recreational trail as
contemplated in the Phasing Plan. The trail will be constructed per the standard trail
detail, or as otherwise approved the by Park Planning and Development department,
prior to construction.
6. The City will maintain the paved trail within the Easement.
Permanent maintenance will consist of seasonal mowing of two feet (2') on either side
of the trail edges approximately two (2) to three (3) times per year, snowplowing as
needed, and repair/replacement of the trail surface (pavement or crusher fines) due to
normal wear and tear. The City does not mow or provide any other maintenance within
the Easement. The City will repair or replace any vegetation damaged by future
mowing, maintenance, repair or replacement of the constructed trail.
7. Property owner or its designee (which may include, without
limitation, a property owners' association) shall, in perpetuity, be responsible for
irrigation and maintenance of public right-of-way landscaping along the arterial street,
East Suniga Road.
M. Forestry.
1. 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 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 applicable phase of 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 (1) week prior to planting
any trees the Developer shall: (1) allow City Forestry Division staff to inspect the proposed
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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. Existing and new
street trees must continue to be watered at a minimum of forty (40) gallons per week
during all construction activities to maintain current tree condition in temperatures above
forty degrees (400) 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 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 within any phase of the
Property, whichever occurs earlier, tree protection must be installed around all trees that
are shown to be preserved within such phase 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 four foot (4') high barrier be erected no closer than six feet
(6') 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 within any phase of the Property. At any time during construction,
and upon City Forestry Division written notice that tree protection is not adequate for one
(1) 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.
N. Floodplain.
1. Portions of this property are located in the Poudre River 500-year
and 100-year floodplain. The Developer shall obtain a Floodplain Use Permit from the
City and pay all applicable floodplain use permit fees prior to commencing any
construction activity (building of structures, signs, grading, fill, detention ponds, bike
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paths, parking lots, utilities, landscaped areas, flood control channels, or other activities.)
within the Poudre River Floodplain Limits as delineated on the Final Development Plan
Documents. All activities in this Development are subject to the flood prevention and
protection requirements of City Code Chapter 10.
2. All structures in the 100-year floodplain shall be built in accordance
with the Floodplain Protection Detail and in accordance with stated elevations as shown
on the grading plan of the Final Development Plan Documents for this Development. This
includes elevating the lowest floor and all HVAC, electrical, and mechanical to the
regulatory flood protection elevation, which is two (2) feet above the 100-year flood
elevation. The regulations stipulate that basements shall be expressly prohibited in any
structure built on any of these lots.
3. A FEMA elevation certificate shall be submitted and approved, prior
to the issuance of a certificate of occupancy for any structure that is located in the 100-
year floodplain. Said certification shall be submitted to the City at least two (2)weeks prior
to the date of issuance of the desired certificate of occupancy.
4. Critical facilities as defined by City Code Section 10-16 (which
includes essential services facilities, hazardous material facilities, at risk population
facilities or government services facilities) are prohibited in the 100-year floodplain and
at-risk population or essential services critical facilities are prohibited in the Poudre River
500-year floodplain as delineated on the approved Final Development Plan Documents.
5. For any residential buildings planned in the effective floodplain, no
building permits shall be issued for structures until approval of the letter of map revision
by the City and by FEMA for this project.
6. The construction staging area, including all storage of equipment and
materials shall be located outside the Poudre River 100-year floodplain limits as
delineated on the approved plans.
7. All floatable materials (picnic tables, bike racks, tables, chairs, trash
dumpsters, etc.) in the 100-year floodplain shall be anchored to prevent floatation. There
shall be no overnight parking of unattended vehicles (i.e. fleet vehicles) in the 100-year
floodplain.
8. The Developer is required to submit an Emergency Response and
Preparedness Plan for each structure in the 100-year floodplain prior to approval of the
floodplain use permit. It is the responsibility of the property owner to submit the annual
review and conduct practice drills in accordance with the requirements in City Code
Chapter 10.
9. Failure to comply with all floodplain requirements in sections 1-8
above shall result in a stop work order and/or the withholding of the issuance of additional
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building permits and/ or certificates of occupancy until the violation(s) are corrected and
approved by the City in accordance with City Code Chapter 10.
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 City Code Chapter 20, Article IV, 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 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.
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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, or, with respect to any default that, by its nature, will take a longer period to
correct, the defaulting party shall be afforded a longer period as may be reasonably
necessary, so long as the cure is commenced within the foregoing ten (10) day period
and prosecuted diligently to completion. In the event the default remains uncorrected
following the expiration of such period, 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
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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: Jerome Street Station, LLC
c/o Russell Baker
417 Jefferson St
Fort Collins, CO 80524
If to the Owner: Jerome Street Station, LLC
c/o Russell Baker
417 Jefferson St
Fort Collins, CO 80524
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
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refer to any gender; and words in the singular shall include the plural and vice versa. This
Agreement shall be construed according to its fair meaning, and as if prepared by all
parties hereto, and shall be deemed to be and contain the entire understanding and
agreement between the parties hereto pertaining to the matters addressed in this
Agreement. There shall be deemed to be no other terms, conditions, promises,
understandings, statements, representations, expressed or implied, concerning this
Agreement, unless set forth in writing signed by all of the parties hereto. Further,
paragraph headings used herein are for convenience of reference and shall in no way
define, limit, or prescribe the scope or intent of any provision under this Agreement.
P. 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�bAy: '�yI-,
V(," # V`Vh
By: E 871Q89400 .
Kelly DiMartino, City Manager
ATTEST:
DocuSigned by: Signed by:
Rt,ag.c,V' ( ms
a�aF�a�aF3 .... FORT
Heather L Walls 04 c�ltr
City Clerk N
Deputy City Clerk SEAL
APPROVED AS TO CONTENT:
DocuSigned by: COLORA90
IM UAirr
F_'".2Zn6B86G 1
City Engineer Tim Dinger
APPROVED AS TO FORM:
DocuSigned by:
Assistant City Attorney Heather N. Jarvis
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Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67
DEVELOPER:
Jerome Street Station, LLC, a Colorado
Limited Liability Company
By: `
ussell Baker, Manager
ATTEST:
Kyle Meyer
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this -2Jrk day of
OCf4e-r , 20,24 , by ---r Russell Baker as Manager of Jerome Street
Station, LLC. i JGCS
G� �
N Public
My Commission Expires: $ 14 1-2C
LARA C.SOLT
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20244030688
MY COMMISSION EXPIRES AUGUST 14,2028
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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 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 that occurred prior to the end of said 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 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 any errors and/or omissions in the design and
construction of public improvements of the Property shown on the approved Final
Development Plan Documents; 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
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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.
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EXHIBIT C
Standard Operating Procedures (SOPs) for Natural Resources
A. Purpose
The purpose of requiring landscape elements for development projects includes
but is not limited to the following factors:
• Contribute to visual quality within and among developments and
neighborhoods.
• Ensure significant canopy shading to reduce glare and heat build-up.
• Enhance the pedestrian environment.
• Reduce erosion, decrease stormwater runoff, and mitigate air pollution.
• Protect, buffer and complement existing natural features present on
development sites.
The purpose of incorporating landscape elements that are significant departures
from typical residential, commercial, or civic landscapes into the urban setting
include, but are not limited to, the following factors:
• Ensure water conservation.
• Avoid reliance on excessive maintenance.
• Create visual variety and species diversity.
• Provide functional habitat for people, plants and wildlife.
In order for natural resources and landscaping SOPs to be most effective,
implementation of Best Management Practices (BMPs) is required.
B. Best Management Practices (BMPs)
To achieve success criteria, it is essential to align landscape management
practices with landscape project area goals. For less traditional landscape
elements in particular, proper installation and maintenance is crucial for
establishment. To achieve success, maintenance tasks and schedules must be
appropriately matched to the project area type and intended function.
Maintenance includes routinely scheduled activities, as well as non-routine
activities resulting from weather conditions or other unforeseen events.
Identifying entities, roles and responsibilities for implementing BMPs for a project
area and ensuring adequate budget is allocated for installation and maintenance
is critical for achieving vegetation establishment and long-term success. The
privately owned project areas described in Section C below are to be established
and maintained by the Developer.
C. Site-Specific SOPs
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The following landscape project areas are subject to SOP requirements..
• Native seed mix areas.
• Delineated Natural Habitat Buffer Zone, "NHBZ."
The location of the landscape project areas above can be found on the Final
Development Plan Documents for the project.
SOP Maintenance Summary Table
Landscape Ownership / Maintenance Intensity Estimate
Project Area Responsibility
Native seed mix Private High initially then Low once established.
seeded areas
Delineated NHBZ Private High initially then Low once established.
SOP Plan
Project Goal(s) BMPs
Area
Native seed • Vary by on-site location, • Seed mix called for on plans is applied to no more
mix seeded desired aesthetic, and than inch in depth and at most suitable time of
areas intended use. year to provide best germination success.
• Visual landscape variety. • Re-seed as necessary for proper establishment.
• Low water maintenance • Mow as little as necessary for desired aesthetic
compared to traditional turf. and
Intended use; do NOT mow over shrubs or damage
• Habitat and nutritional tree trunks.
resources for native and non-
native pollinators and • Mow 3-6 ft strips adjacent to walkways as
songbirds. necessary for desired aesthetic and intended use.
• Actively manage list A,B,C and Watch List
Colorado Noxious Weed Species.
• Trash, litter and debris removal.
NHBZ • Cover and nutritional • No disturbance or storage of materials during
resources for local and construction activities.
migratory wildlife including
native and non-native • Seed mix called for on plans is applied to no more
pollinators and songbirds. than inch in depth and at most suitable time of
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year to provide best chances of germination
• Increase species diversity success.
with native and non-native
herbaceous and woody • Install correct species and sizes of shrubs and
species. according to planting specs on plans, clear weed or
grass growth around shrubs as necessary; do NOT
• Low water use and other mow over shrubs or damage
maintenance practices long- tree trunks.
term.
• Reasonable mowing, thinning or trimming to
• Native and non-native grass manage weed species, overgrowth and maintain
and forb species growth. trails, paths and maintenance access points.
• Native-esque landscape • Allow native grasses to grow to at least 6-8 inches
aesthetic. in height or more; ideally once established, no
mowing more than 2-3 times annually.
• Nature viewing opportunities.
• Reasonable management of wildlife pest species
• Soil stabilization and reduced as needed if and when necessary.
erosion and stormwater
runoff. • Re-seed as necessary to establish native and non-
native non-weedy grasses and forbs.
• Spot spray, hand pull, or weed-whip weeds
especially List A,B,C and Watch List Colorado
Noxious Weed Species.
• Initial temporary irrigation as needed to encourage
seed germination and woody plant establishment
and stabilization.
• Majority of area not mowed or disturbed long-term
to ensure habitat for ground nesting wildlife
including native and non-native pollinator species.
• Trash, litter and debris removal.
• Designated pet waste stations to reduce impacts to
water quality in the adjacent wetland and lake.
D. Success Criteria
The landscape project areas will be monitored by the developer in a manner
accepted by City Environmental Planner for a minimum of three (3) years,
beginning in the first full growing season past initial installation, or until the
landscape project area is accepted by the City's Environmental Planner.
Progress monitoring may include photo-point monitoring, and vegetative cover
and density data collection.
Success criteria will be met for the natural habitat buffer zone when line point
intercept results performed by City Environmental Planner or approved
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consultant demonstrate weed species are equal to or less than ten percent
(10%), the total desirable ground cover vegetation contributed by all grass, forb,
shrub and tree species present in the project area (planted and volunteer
species) is equal to or greater than seventy-percent (70%), there is no evidence
of detrimental erosion due to rills, gullies or bare spots of ground larger than one
(1) square foot, and survival rate of all planted shrubs and trees is equal to or
greater than eighty percent (80%).
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EXHIBIT D
STORMWATER FACILITY 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:
- Perforated Subdrain
- Storm Drain Lines
- Pre-Sedimentation Forebay
- Bioretention
- Vegetated and/or Cobble Swale
The location of said facilities can be found on the Jerome Street Station 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.
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SOP Maintenance Summary Table
Stormwater Facility/ Ownership/
UDFCD Maintenance Reference
BMP Responsibility
Perforated Subdrain Private N/A
Storm Drain Lines Private Follow guidelines for Storm SewerSy5tem Cleaning
(Chapter 5, Source Control BMP Fact Sheet S-12)
Pre-Sedimentation Private Follow guidelines for Pre-Sedimentation Fore,bay
Forebay (Chapter6, Section 9.0)
Bioretention/Bioswale Private Follow guidelines for Bioretention (Chapter6,
Section 5.0)
Follow guidelines for Grass Buffers and Swale5
Vegetated and/or Private (Chapter6, Section 4.0). Take note of native
Cobble Swale vegetation. Also follow recommendations on
Landscape Plans and Specifications.
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
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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.
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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Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7
Pre-Sedimentation Forebay
Routine Maintenance Table (Summary from Chapter 6 of UDFCD)
Required
Maintenance Objective Frequency of Action
Action
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.
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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.
Remove debris and litter from
bioretention area and upstream
concrete forebay to minimize
clogging of the sand media. Remove
debris and litter from the pond area
Routine — Including just before annual storm
Debris and litter and outlet orifice plate to minimize
seasons and after snow season (April or
removal and clogging. Remove debris and litter
May), end of storm season after leaves have
snow from curb channel and sidewalk
stockpiling chase outlets adjacent to pond if fallen, and following significant rainfall
events.
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.
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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.
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, but no
removal the potential for floatables being less than two times per year.
flushed downstream.
Remove accumulated sediment near Routine —As needed by inspection. Estimate
Sediment culverts and in channels to maintain the need to remove sediment from 3 to 10
removal flow capacity. Replace the grass areas percent of total length per year, as
damaged in the process. determined by annual inspection.
Check the grass for uniformity of
Inspections cover, sediment accumulation in the Routine —Annual inspection is suggested.
swale, and near culverts.
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EXHIBIT E
Phasing Plan
_ ------ _ ------ - -------
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JEROME STREET STATION !
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PHASING PLAN
40
RECEPTION#20240051481, 12/2/2024 3:01:48 PM,41 of 48,$248.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67
EXHIBIT F
Cost Estimate
PROJECTNAME; Jemme S-reet3-a'.ix-Ft--1
DATE: Tuesday.July a.2324
INFRASTRUCTURE
ESTIMATED INSPECTION FEE PER
DESCRIPTION UNITOF CONSTRUCTION COST TOTALESTINIATED
ANTI PER UNIT INFRASTRUCTURE COST UNIT TOTALIN SPECTICIId FEE
a:r i•ua�c ii ucaarrw renerrrai MiEASURE i ooyr urnac er rwe iser n+ire nevi
5anitary Sewer System
.',ewerhlair U` '-,249 551.2C 3C?.949.9C 32.25 522.3.25
er M.-A. E7,C1 12 Sz 2O3.3C SCC?O3.3C 5173.3C S2 C43.3C
Sewer Se-L,.Ss,ub I_I 9C 519033C $12'1033C 51533C S99O33C
Sewer hlair Ca-�nect.x2Disconr-1 1 1 5z 25 z MID 3C 53 3C 5733 3C 3 733 3C
Sanitary Sewer Inspection Fees $14.980.25
water Sy tem
'J'iater`Ji " LF 77C 542 98 S33 C73.31 52.46 S 2a8.5C
oiater C.-i-Gi-r-t 1 3 52 133 3C 37C 193.3C 5'55 3C 3755 3C
^iates 3-rvice Uri St- I1 13 51 1 O3.3G 377 3C+3.3G 5153.3C 5 853.3G
iate Valves 1-1 S3 e53.5C 571 903.3C S105.3C SC33.3C
pint-=17tmg(,Bend,Tea'C-) EACH 9 S1 Ca3.7, SIG.1O2-5G $oS.CG S' 3.3C
^iater M4ete• t(3e,4'i I1 C 775 3C $3 3C 5133 3C $3 3C
^iates Nete• tr'} I1 1 ,� 525.3E a7 513 C25.3G 3.3C 3133.3G
^late*Mete, ',Q'`I EACH C $3.3C $3-3C 5133.3C $3.3C
'J'iater Nete•�:t t2'i 11 C $3.3C $3.3C SLC3.3C $3.3C
'J'iater M,tete• t(3'1 1-1 C $3 3C $3 3C 510 3C $3 3C
�iate=ir-Iydr3m. I-i 3 52 e 6.3E 37E e49.3G �;55.3C 3755.3G..
^iat,Pita n IF-Lira)' LF C $3.3C $3.3C $2.45 31 5.15
-ire Lne Fitbr (Berms^m'C assi' 11 C $3.3C $13C $o5.3C 51'3.7C
Water Inspection Fees 36,g21.ti5
P.ldic Storm Sewer System
Storm 1e nta-Cw-+.xete F`'•.pe LF 0 547.5C $3.3C 31.5C $3.3C
Box C,'--t LF C $3.3C $3.3C 52 96 $3.3C
Storm Co-ta H---'Vlrng�A'alls 1-1 0 511 955 CC $3-3C S2 95� $3 CC
Sto-Chase I-1 C $3.3G $3.3C 5233.3C $3.3C.
Storm'.Met At'.Types I1 C 59533.oc $1.11 5233.3C $3.3C
Sta.•m M.ianh- ESC1 G S.°C53.3C ID IC S1 T7.3C $7.3C..
Public Storrs Inspection Fees $4.00
Street System&Trenching
„aC-ng SY t351 $2.4C 51.552.4C
A-11 Pavement SY 34 S 17.53 SFC 45 a2.55 558.7C
C-Ire Pavement SY C $3.3C $3.3C 52.56 $3.3C
CVO S Guyer LF 97 $d 2C se5t39 32.55- 5221.9E
Z.
de-k" LF QC 527.2@ 311.193.d? 52.56 5 C23.3C
-Ies-dan Rumgs I_I 4 5=259.3z all z32.1C S1C3.3C SzC'D DC
=re A.-Gra-C-ete SY C $3.3C $3.3C 53.86 $3.3C
A- SY C 5 13C $33C S1AC $33C
Cwtte•Cross Fa n SY 89 $5.31 3z78.72 52.5C 31?5.g5
n o�AAP-n SY "-15 $3.3C $3.3C S1.4C 5151.3C
Ret-ing Ah ,Con-e.M'asm y.Stone; LF C $3.3C $3.3C 'a2 96 $3.3C
Trend-St- LF C $3 3C $3 3C S2 3C $3 3C
Trent-Sewer LF 958 $3.3G $3.3C 52.3C 52.2O3.4G
Trent-'Aate.• LF 83 ID DC $3.3C 52.3C 3144 X
Street System Inspection Fees $4.413.80
Excavation Permit
Agpli-t- L3 1 $45.3C 545.3C
?."haling HP, C 5?55.3C $3.3C $33.3C $3.3C
Bor, LF C $3.3C $3.3C KAC $3.3C
Aare-t I-t Fees S= C $43C
Pavement Age Excavation Permit Fees $45A0
TOTAL INSPECTION FEES 2 360..70
TOTAL PUBLIC INFRASTRUCTURE COST $417,663.12 Ken Zetye _
`PRIVATE IMPROVENI ENTS R EOUI RING CITY INSPECTION'S MLL N EED TO B E INC LUU EO-H O4WEVER PRIVATE IMPROVEIA E S w1LL NOT BE I NO LURED IN TH E TOTAL
INFRASTRUCTURE COST FOR BONDING
INCREASE.SIDEWALK LENGTH FOR ANY SIDEWALKS 1MDER THAN 4.5°IN WIDTH'..STANDARD SIDEWALK INSPECTION FEE WIDTH IS 4.5'
41
RECEPTION#20240051481, 12/2/2024 3:01:48 PM,42 of 48,$248.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67
PR.OJECTNAMEI Jeme Street Sib§iar-Ftasa2
DATE: Tuesday,July 9,2D24
INFRASTRUCTURE
ESTIMATE® INSPECTION FEE PER
❑ESCRIPTION UNIT OF CONSTRUCTION COST TOTAL ESTIMATED
gUANTITY l�lT TOTAL INSPECTIONI FEE
":�run�c <i•i ucnn:rwva, r�rros,rcnewts� MEASURE i ovvr PER UNIT INFRASTRUCTURE CAST
ew-...e:ui es .s.v.�,�_awuuwuev rMc isei ti�rre nrri
Sanitary Sewer Svstem
:,barer h%air LF 0 S51.21], $3.DC S2.2ti $1DG
3ewrerC-hlarnde EACH 0 Sz 2C3.DC $D.DC S1I D.DC $D.DC
3ewrer S L ne Stub EACH 0 51903.DC $D.DC 5153.DC
Severer Mair Ccrnect-Elisconre`:t EAC1 0 Oz e53.DG $D.DG 523D.DG $D.DG
Sanitary Sewer lnspectian Fees $0.00
Water System
Pule:Man LF 0 S42.D5 $3.DC S2.4ti $3.DC,
'Plater Canne�-iar; smnraci EACH 0 S2,733.DC $3 DC, S=5i3C, $3
.7C
."rate.,Z--M-Lira 3tAo EACH 0 52.103.DC $D.DC S15D.DC $D.DC
"late,Vslves EACH C W C5D.5C $D.oC 5105.0C $3.0c
,"iate'=itng iBwrd'Tea'Cmssl EAC1 0 S1 883.7E $3 DC $55 3C $3 DC
"later Riete.�:t i3'4'1 EAC1 0 .75 DC $3 DC 5133 DG $3 DC
'Dialer Mete:�t.'1 EAC1 0 i 825 DC $3 DC 5133 DG $3.DC
'Dialer M.tete�t' ;r2'1 EAC1 0 $3 DC $3 DC 513D DG $3.DC
"r'ater Mete,�:t y2'i EACH 0 $D.DC $D.DC Sz03.DC $D.DC
."later Riete, t 31j EACH C $3.0c $D.oC POGO.oC $3.0c
rumor.=ire-Ipdran-� EACH 0 5eC'B.oG $3.DC 5=55.oC $1DC..
"iate,Nia n'F-e Lira)' LF 0 $3DC $3 DC 5145- $3 DC
=ire L-rre FitSry fBerd^m'C-i' EAC1 G $3 DC,. $3 DC,. $55 3C,. $lx
Water Inspection Fees $0.00
Dublin Stonn Sewer System
3tonn Pe'fkrceG C-le�pe LF 0 W1.58 $D.DC S1.5C $D.DC
B..C,'vert LF 0 $D.DC $D.DC 52.g5 $D.DC.
3.-C-ete F:�ec V"'g':Falls EAC1 0 311 958.DG $D.DG 32.38 $D.DG
3toTn Cheer EAC1 0 $3.DG $D.DG 3_31,DC $D.DG.
St.-nl t Ali Typr EAC1 G S9 833 DC $3 DC .3D DG $3 DC
SW_
Nianh- EACH 0 S',C53.DC $3.DC S17D.3C $1DG
Public Starm Inspection Fees $0.00
Street System 8 Trenching
C;rac.:ng SY 3,518 $2.4C S8.43.2C
Aspnalt P--rent 3Y ',418 ,T.83 524.94T.89 5?55- 53809.2t
C---t=-Pavement 3Y 73 $3 DC $3 DC 52.55- 5185.1E
Cum&Gu-ter LF '''023 $g.DG 51C 125.21 52.55 S2.808.85
S dew.,rk" LF ''+,t330 az"02 S-.753.'.2 52.55 54 Col DC
=d-rian P-- EACH 11 S2 859,24 S31 z36.4? S100.DC S'10D.DC
=ire A-Gres C-eta SY C $3.0C $D.0C So.85 $0.0C.
Aaron SY 3D8 5 1.00 W,3M DC 31.4C 5,27,DC.
C;uder Cross Fan 3Y 88 $5.01 34153.57 52,55. 5173.4C,.
Dnve Apq-a 3Y 41C $3'DC $3,DC 51.41] 5159.5G
Pel.,.:ning'Piw .Cone-e.14-ry.Stanei LF 0 $3 DC $3 DC 52 g8- $3.DC.
T--Stem LF 0 $3.DC $3 DC, S2.3C $3.DC,
T-n -Sewer LF 0 $D.DC $D.DC 52.3C $D.DC
Trenv�-A'ater LF I395 $D.DC $D DC 52.3C S'€2g.5C
Street System Inspection Fees $13,872.55
Excavation Permit
A.Pli-t- LS 1 $45.3C S45.DC
�athalig HP. 0 3355.DC $3.DC $3D.3C $1DG
Banrg LF 0 $3.DC $3 DC, SOAC, $3.DC,
?a•.'-1 lrnp3ct Fees S= 0 $D.DC
Pa,en.-Age Excavation Permit Fees $45,00
TOTAL INSPECTION FEES 13 917.55
TOTAL PUBLIC INFRASTRUCTURE COST $123,543.13 Ken Zeta e
e PRIVATE IMPROV94 ENT&R ECIUI RING rrrY INSPECTION S WILL N EEO TO B E INC LUU ED.HOWEVER PRIVATE IMPROVME SWILL NOT BEI LUDE6INYHEfiCR)S.
INFRASTRUCTURE COST FOR BONDING
<r INCREASE SIDEWALK LENGTH FOR ANY SIDEWALKS WUER TRAN 4.5`IN WIDTH.STANDARD SIDEWALK INSPECTION.FEE WIDTH IS 4.5-
42
RECEPTION#20240051481, 12/2/2024 3:01:48 PM,43 of 48,S248.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7
EXHIBIT Y
Jerome Street Townhomes Natural Habitat Buffer Zone Restoration
and Annual Monitoring Plan
Integratetd Site Services Inc.
r .,PROFESSIONAL LAINDSCAPU�G SER1ICLS
Project:Natural Habitat Buffer Zone Jerome Street Station
D:ute:06:05,'23
DESC'RIPTIO_N'OF 11-ORK:
This proposal is for the hmAev comtnictiou(le s tie exclusions,for the Landscape of Jerome Street Station.The landscape mill be constructed
withrn the project limits according to the project plans and specificatiom.This bid Ls priced assuming that all rough grade-work is done;Mtluu one-
tenth of a foot from final grade as,xell as erosion control imtalled prior to our work starting.
-Iotal Natural Habitat Suffer Zone Ewuoo Exhibit Pricing:S39,829.50
7RR
36884.0 SF S 015 S 9,221.00
Y Per 1:000 sF) ?4.0 C Y 5 65.00 S 4,#10.00
AFC'OTT0NW00D 7.0 EA S 690.00 S 4,930,00
14ESTERN C'HOKEBERRY 5.0 EA S 599.00 S 2,945,00
R&CKYMOUVTALN RF42ER 3.0 EA S 775.00 S 2,325.00
PONDEROSA PLNE 1.0 EA S 710.00 S 710.00
PF-4LH LEAF 1XT_LOW 3.0 EA S 710.00 S 2,130,00
E-ASTERNREDRUD 4.0 EA S 590.00 S 2,360,00
MOONGLOW JUNUFR 9.0 EA S 76.50 S 688.`0
La.AC TEvJE BROOM 5.0 EA S 67.00 $ 335.00
CENTER GLOW NLNEBARK 10.0 EA S 47.50 $ 475.00
3 Years Maintenance 1.0 LS S 9,000,00 $ g00000
Total 5 39,829.50
ProjectIncluAoru:
• Labor and Materials for the line items listed in our bid schedule.
Project Exclusions:
• Permit;and fees
• Redistribution of top soil
• Protection or maintenance of existing landscape and irrigation
• Irrigation tap and fees
• Maiutenance after acceptance
• Erosion control
• All curse wg;r ll be GC':s responsibility
• Demolition of existing structures,vegetation,trees,Lmdscapeng,etc.
• Earth-nrork
• Irrigation
All materkd is guarmteed to be as specified.All work is to be completed in a workmanleke manner accordug to standard practices and project
specifications.tiny alteration or deviation from above specifications iuvolvtng extra cost;MU be executed only upon-written orders and mill become
an extra charge over avid above the bid.All agreements are contingent upon weather,accidents,or delays beyond our control&;Aver to carry fire,
tornado,and other necessir-insurance.It is the o,,nmer's responaibihry to care for and mamtnu the project once final completion is accepted.We
look forward to marking together Mth you ou this project.
Sincere]r-
Integrated site Service,Tuc.
-F=C_:970-324-7035•P,G-Box 823•Windsor,CO80550
el,ct^ntegratedsiteserv:ces.cern
43
RECEPTION#20240051481, 12/2/2024 3:01:48 PM,44 of 48,S248.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7
EXHIBIT Z
Jerome Street Station Prairie Dog Management Plan
SMITH ENVIRONMENTAL AND ENGINEERING
DfIL mny, ^naLr .e.;a-w°°s CCU?Lnn:no. ?eunLtr w Dc>igu
TO: RL,,,CI'. Ba' cr
Prin:iE.)1,
Back Timber L::ud Co.
FROM: Rebecca Hannon, CcccafacJ Ecolozi,t
Project iLIanagcr
Saziath Ene:raurzieataP aac{ Et}�:ucc inn 'SMITH,
DATE: ApcLl + _0=
P,E: Praicic Doi. 1aua c ncnc P`.'ai�— Iccoti:c Scrcec SLatiot7
?ill H '::;, PrcParCd ch:, >`.an for tan iC c{o� i i:niccaieczt ::cci :c c fac cl.c FuOPa cd lcratr.e.�-7)crccc
Scatioa dcvclopincnc. t Lei l .O cr, ';F.p Oxim.:CCh TI acre, iu Foul Cal an,. C.Olarad o sec atcachcc{
f12LXC?. lc dct.l the ,COPe of•iark tliat SLIITH ,Ll' coLaalcte to rctia.°C black t.:ilCd F.airac dad,
CI noing S Iid0l 'MIS: locate.{ uith:n c1:e Iua-its Ofdrscnrbieice.
TASK is BURROLTvING OWL SURVEYS
All coson:c_ oC inactL e. DroViJC PONOce1,I 1.:ahicat Tor the bru•ro+t ia� att I Arhcec
crtr�cctlura`�-The burrotit ink OM I ncscs as Calarac{o train ni d-i'%iirch chrou�h October .id-. cir.if au;°
P.caLrac dog .nana Brunt accieitic, ace FcOPO,ed Arid C11C ue,tinZ� �Ca Ou bucra.+ink Old ,urVC,:, rnt_t
be cor 'DICte{_ SMITH , : I comp'uc O.1 suit e;, folf0 c uy� d-IC recOnurck)ded�t°rdciiuc-froth Calor:ida
Parks and H'L0dc 'CP1V'2021 SCLrtc;, wLl' cansi,t or cluec -cr°a.acc -sec vices cl,ac cLI 1,c
conducted :+Ltlzia cMO haLLr, of,uLui,e or suS,ec on d n, ,�ich to+ isit7d, gad no P.,Cc: Ltacion ,A
dLLalified the ct'tirc PcOFc c, binocul°.t, to: 1D LlIiMLtc, at cacti ,urr•C, Point;
the number Of'L4CYC% 'Doint, skill be �CrCMIIQCd b, the Mc,-of-,i tit on tic Pro?ctt�. A Lccocdcd
burro°.tin o°.t•1 Call a L11 be utiliaec{ to increa-C ac{ds Of{etc t oa.
SuLic,, shot.].bC in ppcoxut:atClr t}4o ,sec':, befOrc the ,Cl-:CdLL'C ,tact Ot 'rairiC doh Latina Cn?Cut
actitctic,.It a :, act id entLfLed an-sacs the CP�V Di,trLcc 11 L0Lfe for chc Fart
(_O! u, area harsld be notified. GL Cn tic ,real size of the-at , FUairic dad rltana ct- ent and
con,trucdon.CtLVLC1C- 11c dela C.{ until the fall slack) tl.c O c;", 1" Iikcl .na,racc. Ir' O:cls a,z
uoc dctCCCec�, aCW_'.t:e, caLa 'DrOCCCC{ a- ,J.CdcLICJ.
TASK 2, OPTION A: LIVE RELOCATION
R.clocation:, oLa1,, a :nan.I�CMCut OptLou dt=.r:ng ccrtaLn n outh,, bCcau c FUairiC dags c ank)ot be
rclaciccd sshcn chc f nlaica Ice PcCgnaac and/ar PLLPs are ,till dCPendcnc an chCu•mother,. If dIC Pcojccc
PrOCecd, bCC%cCCa ruly Mel November, E:Lairic do`s Lag be icccDtcd for rclacacion b,: the US Fish and
V,'il lifc ScCV cc 111_SFW%S: ac cl-:C PLLJ11O CIZcnilcal Dcrot St.bca,k, for this irccliaJ arc J csccd,cd
hc..os DLLrint ochCr tMICS of the car. O'Dtion B L Lli' be rCCOM_.ziendci
fv'WW.SMITHDELIVERS.COrO
250 Pemy Lane,Dacom,CO 80514 phone: 720.887,4928 fax 720,887,4680
44
RECEPTION#20240051481, 12/2/2024 3:01:48 PM,45 of 48,$248.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67
Colorado Parks and Wildlife Permit
A pccmIt is IcgUI Cd feOi11 CP1't'to uclociec pu-i ric :Io;,. Ml H •,,ill ('urlc ,.c Lth F' acic Tinlbcu Lan i Co.
d Cld the U sF%l'S CO Obtain a CP\\' rcr111it.
Population Estimate
The (_P�1 Der lLk: aPPILCJC all rccu.:cs E.oDulaC;u(Y Csnll:atc tOU D:aitLC JOI CQIOU Cs C1.aC are CO bC
relocated, I']:is illiO mat Loki also 11'OA-- foe 1CCL1t'iCC PI.-.0(Yil1g alld p. cpacacion of tic rc'c.se site. ,
ti1(Lalificd :t L]i:ife biology sC ,(•ith SMITH •('i] complccc a FO�.J-Ltion =LI-.late LLs.(Iy"cLst.l CO(Lnr
inck:110JOlop b, CVC:sail an Nt,ll:b :1c7Q81, 111xCC LLV C, COLLllts ',s::l be C1D(1JL1CtCd O(1 JLffUCilt dal%
CO the 'Droblb, C., o SCiLII, Ln VLULda]S lbOVC ,'��IaUL17�. �lUfCL�llll L'S Li�IIi?e 1�D lCC� CL7 Ci,C
113a\:11:Ui11 CO(LUC CO .CC:Ot:I]C tat' :(YL�L)`L LILL:i[s bda,L `LOL!(W dLl L"Lll` d-.0 .aLL(�-C}'; -LMA CO Dr01-LJC J
P.u7DtA.CiO(Y 17(Y e Co the L:F7\\'S.
Coterie Identification
��'IthE(Y Cl:c gyrate: COIOI];, P,.-,kric ua...`s 'Lvc 111 g.01-17s C.IICd COtC LCS. I'O .CdLLCC 111:a,CC.ILC,• C-LU- d
b the LC'QC:.t LO(1 ?VC:C--,, Pr3LrLC dOy}-, llCCu to be alovcC4 i5 a WAC, "la]C- LUC VCL', CCUZ:Lto7 L:A, SO
ChL-, ,(1,I NdUCC 1.1 C1,1C,%bCTOCCll 1ralC„ SMITH •4'll1 Ldcnrllf4 Gild IMF. The COCCr1cs 'YlthLlY d1c CO.O(14
,O Chat l34] bC alovc Cagcd-.cc Each COCCXLC •4I. be LEAcnc:f,.Ci b-: a 11Ua1bCt,
Barrow Dusting
f P11 rCL�t.11cs C],aC al: �.:.Lric LgOg b(Ll'L'Otf S aC Cl:c cal9tu c siCC be trcarcd a ith Dc1C. DusC
Dc'ca,1crd-mtic— EPA Rc�,,-#4 1 ' . a(1C (tCC� P.Liar Cu traPPi12 SMITH's `'I.CCnsCd al�lalicators
: l JU:;C r,.0 I)U:l'O',i'; 011C .LCC1': 91LO1 t0 C .h.2'=Cl I:tLFgCLCS.
Live Trapping
SMITH ZF L11 LLtil zC -[:a111.,!.i t' CLJF-s bd:CCd ',riCl:stFCCCCLICJ ru:ICd Cuts CO Lcma`-c fualrLc coo-s ThC
Cr:�Diil Cr ad +•L1 ndt<dc d-ucL Lva of D:C-baLt(Llg JLI:M' •,+1:Lch Dr.a iC coo`d -LVC all7'=t'CcA Co -I C ::11aCC
to C],c C:ap.� ro: o'.cc? bL scvcll di s Of :ice ahtLL:CJ Dll::iC d0l-, 1. I]] be rc:Y1Ot-Cd r.0111 the
C::al?,ug f'-CId tc LCIYa(1 fain l.aU:s of Ca-DtU:C an:i ,.ausC:i 1(1 thCl� LILCi LL) a 'DraCCCCCd i:Ca OL] ,HC t nti]
Chc d11:," t .19F.ia2 P.ci-iod Ls Ca112:Ctc, If dw Cc1:1Dcuatr<Lc is bdo,t 3 ° F or abovc 7 1' F, pr lrlc do`
4; I be 11-ioveJ.to a DrOCCCCCi.at'Ca '4 Sdi n 1, hat<t's Of C.FCtL L'c.. 1 t'a ps rt LII be .CL-L`-I.CCd aCl la all LCOCtd On
beC'sCeti O�CC ancL 1-00 hLs. Each C.LFC(L C; Dla:iic doz 'Lill be mllovcd C•Olr its tmp 1)
CC:.LLICd 1cildI&C CCCh(lICi1(I and C:CaCcd f0: f c'ls %k,itlY P,..nhz. 1tl cctiCLdc P.11WCllril] EPA Rcg;,
#2110i-1 . -1,lu sex; col cric all i -LPFUOXil;latC -L-C of call 'Dra,:ic do,- tE Lll be VC.ar:icd, UJ Clu PraiiiC
club it LI1 bC ICCt:rllCd Ca its trap. An,, uo(Y-Caict a(Y1:11a;s chac:i C C:.ECLm ll be rcic.sCd ilur.CdiatC:,:,
'laaI factors contribt,cc to t11C s(LCCCss of a tULFPu)z CffarC, l`c:ctl Cr l i,vs a sL`(l ficanc LaIC ill F-U.LLrac
dOZ Ci'DtU:C st<`CCs„ aLck-tailed 2:7irie dogs arc dlt:vaa] am-i do floc hlbcl'llatC, but tfYC, har-c cxtrcmcl
F,u0� `:siO(1 La lo,,c hglu A a Lesu:C, the Irc less actil-c On Claud da,s, and Ci.L. 11a m.11aa(Y In their
bLuro+ls far 'CVCral COULCLoCIVC da' il1c1c1:1CllC +CaChcL Huillall JL,-CLLrba(1CC Call also LgCCmi-c
ChC succc55 of 3 C:apDkng, effo L't. ociine dOLS cncotal]CCC diar dic,, pciccivc CO be a thrc.L an
J-1.:1:1 CJ II L 0(111d Cu, -]U i I U d Lctd 1.lJ LCt LCaC Ll]CO tlmlL bt,r• o . ,A Fe iesC:Lan ,i alk kit On l .,:dcn, 1 , a
❑C]:LC,c :it'LVIUY- dI OLLSIA Cie -lte; o. mc1:1bcus Of a Ct.vvc,. CLc'. COUld all C1Ll-C pia1r dug' Co litovc
uilL cr ratlnd, ClWJ)'-' l s l:Cill CJFU,UC ti11c, FoL thcsc :Casulls. .'SiMI I'H lral]:Cars CL.E.D:(1 areas from: a
L istallcc t<sul bi(laLU a1's; .nd VC:11aWs CJDtuiCd 1,::.iriC C�O'Qs fl'011- the field OL)", CVCr, fC11 I-LOLLrs,
SMITH ENVIRONMENTAL AND ENGINEERING
45
RECEPTION#20240051481, 12/2/2024 3:01:48 PM,46 of 48,S248.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7
Live Transport
P�3inc �Ogs a-L be el3alsportr�- TO thr zC[c,sC s:CC Ln I COYCCCi 'DICI—LI9 C.tck bed oc covicecLq C..Llee
PL3.LLc Cogs .t'L1: iclr.in n C1.c.L Cial-, Jt.ulag tran-,Dorc The L'SFy1'S +i:: be respollsib C for dic rc:C,.sc
of C!.L L:.itic 3t tllc .!;ended] dcF SMITH l ill tLan,fcL the -DvxLI C to Chcm at dic lc ca,c
,iCC or 3Ll a,'LCCc.4 ul-an 1oCdtLOn a1c3r PLICb a•
TASK 2, OPTION 1 DONA+TION
If p.L;LL'ic nog man..gclx`.CLIT aCCit'iC LCS are ,C11CdkI'Cd tO OCCUR bct'4 cc December and May, I'vc C.'1F inn
ray douat OLI Ca r1�,tor e11a17L1iC.CiaL1 CC(1tC� is CI-C oil:;, tcasiblc opcia(l Evcn thcal, tral9�.in is
d.,cot,La�,cd La .Al-x:: in i'N1.; duc to Che poccntL3: 'tor WI,.—[tJU 2 P.LLP, .Ud .11ar]:Cr,• 1 11C fal:o••6Lni
,ubC,—L-A,dC,C be
Colorado Parks and Wildlife Notification
CPV' rcgt,ires a per:llit onh �41:cn -Dri L c dons .rc Crm-pottcd a:icc• Foi lion-hcnasttci -3ro ects, (--P\V`
LCC UC,C, COI11 r1t,ni:.Cia(l 71'LOr CO Chc ,CaLC Of C..' ppiag 'Ind ,t.11LL„1LDn Or' daCLI rCL1C.Ciat1 Of ChC 17U:1111C.
Ot 'DC3.:LC d06 s CC 1)OCCd 3[ld �gO'ndtC J from FUojccc .,itc, f0110l.€ML proiCcc COmplccion SMI I'H ll i:l
coat3.t chc D1VM for cllc .Lc3 ia1� st.bmLt 3 ( P'lt Dcad Puais D i i - l �. a1 RcR.aCt u0atl
hrajcct conlhlCriaL1..
Live Trapping
-I L3aaLL1 ?roCCGU�Cs :.cc 2c(lcrall, C,;c s.mc as C,;a,c do .ribe� iLl (��.CI ? Prairie iag, Ls°i:l 170C bC
Ccrim-c i from Chm Cr3os bcfouc bcLng CUCll.n:7CL� .LIJ .L-L1. not be ccc3tcd .a,.sti; LnsectLCLdc..
Euthanizi.ng
SMIT H L C. izOs Cal 1prC„Cu clCbaL] d.a\.& ( L,.i 235 Ca Ct.ChdnLac Dt3.''LC dal, C3'7Ctired FU.-, riC
dag's ic Lll c rjla In them cake s!h..1 s'ill be placed fou. ac a tLric Lnco g'3s chambers. Fo:lo.L:(lg, the
An1cLican MCi1c..1 .^Associ non FUOCCiUVCs for caLtllaal..,i. Usllag (-0,, SMITH s'L11 ,ILD,di
,Ub'CCt ChC CJFUtNd FU.-UU C ia�-, To C1':C i t iid-;to 11 7t.0 Chcn- to dccp dnd I:L1' Chcll; yt LChELl .)aUC �4
11-MutC,. 5.-11TH Al. 3 ,0 l;CrfoLn; cr:S LC.1 J l,laC3C.an an each aclu l dCCV to eL)su.0 dC th.
Donation
SMITH tE Lll stclrC al: CLLt1-L-L(1LZCi arx.LLc dogs In rt'ccacrs 3C tl-:c .\11-( H f.ci iC' far UD Ca anC LlloLlth.
ChLs cn-SLl LC, thaC Ll, d:Se d,C Vccco.,, 117c,:_f LC3:l'. flci . i.c�-ic.d SMITH t4 L11 ionaTCaucau pval:Le�-402
co C?;c Rock. hlau(ltli(1 RIPCLX PCag..nl In Fo t Co'.lins s IUC d-IC, .ti'."I bC u,Ci .s fOOd for
LC,-.3i_)iliCat'U1 13000 C'S S1.1I1.-H -,3s 11M) �OUaiiU,--. PU.L irLC ii7y1,s Ca Cl-.l, for ovcr five '.'cans..
TASK 3; FUMIGAL7i'IO
L"'VC-traPPin` lira CCC,c40 clot CaptUrC 10C%O at tFlr -DLDFLl3x1011 C?;ere L .1.43'„ F,aOFort OLI of
inti1vLdLLaI, rl;.0 LVC (lot caTCIULWC BCcat:sC of t1;Ls. SiMI I'H LChi(I t1-LC
F.LajCCT arc. t,sLn2, FrCsstlrl7-Cd Cxhdt:at• I'l;C PLCssuLi7cti E~,!...usC RadCLIT ConCro lCr PER(-I LLt li7Cs
Ca'.117rc„cC� C.\,13tL,t CO IOCtC from: i ,ll'..11 Lnucoal combt.L,tLOn Ctl{`PtlC � �9041 CO1.I.000ial7, the C\HItL,C
i, Caa:Cu .ni COmpuc„Cd for uistullbUtiOL] Mt0 S1i11'H 14111 t.tL1'L7C C?;Ls i 1.ChiUC to ti l
bUiro.t's A'ith C(l�'inC CXI-LULL,t. s'1,.;.1;ca(lC.Lzls 3 h:gh [cvc1 of carbon llonoxLdc gas. Oacc 3 bLffrom i,
f: lcd tat1-� dic ga,. st L, -D'ug ed '•L:Cl; ,ail �+l;ercb,. -11 anu1-3 , M ChC bl,U�0s' ,1-IOU] t.LCt,Mb to d1c
`a, ,A ftc: tlu .(I it i3: CL Ca ti:l Cn C. S1iITH AL11 -DCLfar:ll C�+a fol lotc-LLl, ill,F.CC C.aL7, dtxi LC-C:CdC .11 Off(I
SMITH ENVIRONMENTAL AND ENGINEERING
46
RECEPTION#20240051481, 12/2/2024 3:01:48 PM,47 of 48,S248.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7
h U.tOh" fat i JUUI(1�1, Chac c111C PcaLnc dot- can -,L.uv Lvc :11 d-.rCC tccamicnc� cc 1111gfacc onto the �1CC
f=i 1ZciJ)l FVOCDCC'CLCS. It OccdC i, SMITH H can puovLdc trC l-mc is.
PCCSSLiCLZC,i C.\!IJLLSC CJ41 011k I?C OLZ bt.C'C'o 4S locatci 100 tccc of moue from awl !:abLCab C
SC.L.CCL€L'C uUC CO Dcoa'C1?1Ct]C of ;. C1Cti1CLLt'c �c`L, clon A'[ bL€L'1oa-s aCcJLLLt'LL7g tLL,C'11CL1t
1c1-,in 100 fcCC of a S t rLLC CLLVC'Ca n bC ct Catcd „Id- C O .a.t Li igc,. 01IC A J LC t1 lac VC�U:a CCc4 J 2'
Jm-,c SLILIA
Li. c Hoa—cvcr. there are significant sourcing issues with CO cartridges at Present,and SI�vUTH
cannot guarantee that we will have adequate supply in stock in 2023 `_1litTH a Lll 'Lnc.c sc ctap
�_icasLt'. in Cl1C-sC aC'C675 Lco hLDpct•LLl.�' 1r'U1L1r L7_C d-IC ❑CC�i tLx C.1CtLLugC� 1�lcCc:1�C SOlY C0:1)mcc La. '.
a4' Ll I'll, 7.CC Un at VC buC cl1C LC �C1L111 11 U. 1LZL� CffIC aC'P 1 C UL1!'L1OLi'C1.
TASK 4: COMPLETION REPORT
fccv tLlm z1C1on. a CuMD]CtiO...LI �Cr.u'�t � 1:l DC St 11Y..LUCc_4 -U11`.11.a L'i T 1 n g Cl-c 11.,magcmcnc actLv tics that
QCCUCVC , lraciLl chat L10 DLJLULC ��o1�s LC11:aic1 �VlthLkl dW IMILtS at ISCLffbiacc. as uld-,(mZ 'E'E
C1Vd1111LDVLL7� ;c Ct1 LC1CS Ca proc:ccd
R,CcrCLl�Cr
9
2021 PICLo:11MC(WC� Scu`cr s a M� B PLotacu J Accion-, to PLaccct Ncst' Ltcto,+u1g 0,d—,.
AvailablC c: !_.CtR cp:+, .;tC CCft'f�.aLa1:11:1cL7�cl-
SLI z.c. ?'-000CO] Bu_ru',,in -0,,1- aif. Accc c�_i p.zit 4: 202 3.
S.cvcL'San, K E., :l] G. E. P.LLI-II' 1L)Q6. L_0111FJZLSOt1 Of 11 CdlaCAS to CLUMItC DODL,Ia CIIDI1 JCLZS1CLCS Of
bl.,` x ;LuLc W!"T'LtC Sociec, U't€11cc.L1 '0:8-)Q—bb
SMITH ENVIRONMENTAL AND ENGINEERING
47
RECEPTION#20240051481, 12/2/2024 3:01:48 PM,48 of 48,5248.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7
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SMITH EN VIRONMENTALAND ENGINEERING
48