HomeMy WebLinkAboutMason Street Infrastructure - Filed DA-DEVELOPMENT AGREEMENT - RECEPTION#20250014620, 4/9/2025 9:13:23 AM,1 of 72,$368.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FORT COLLINS
AND N COLLEGE 1311, LLC
THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into
on the date of the last signature below, by and between the CITY OF FORT COLLINS,
COLORADO, a Municipal Corporation, hereinafter referred to as the "City," and N College
1311, LLC, a Colorado limited liability company, hereinafter referred to as the
"Developer."
WITNESSETH:
WHEREAS, Developer and City are the owners of certain real property situated in
the County of Larimer, State of Colorado (hereafter referred to as the "Development") and
legally described as follows, to wit:
Mason Street Infrastructure, located in the northeast quarter of Section 2,
Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of
Larimer, State of Colorado.
WHEREAS, the Developer and the City are parties to a Real Estate Exchange
Agreement dated April 1, 2025 (the "Exchange Agreement"), by which Developer and City
intend to exchange parcels of property (the "Exchange") so that the Developer will own
Lots 2 and 3 of the Development (the "Property") and the City will own Lot 1, Tract A, the
public street rights-of-way and off-site easements and rights-of-way that are intended to
be used to allow the extension of utilities that support the Development, (the "City
Property"); in the event of any conflict regarding ownership and requirements for property
transfer between this Agreement and the Exchange Agreement the Exchange Agreement
shall govern and control over this Agreement; and
WHEREAS, the Development is known to the City as Mason Street Infrastructure,
ID# FDP230016; 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. The term
"Final Development Plan Documents" as used in this Agreement shall mean, refer to, and
include only work shown in the Final Development Plan Documents to be performed by
the Developer and shall not mean, refer to, or include any work shown in the Final
Development Plan Documents to be performed by the City; and
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WHEREAS, the parties hereto have agreed that the development of the Property
will require increased municipal services from the City in order to serve such area and will
further require the installation of certain improvements of benefit to the Property and the
City; and
WHEREAS, to detain stormwater runoff from the Development and from upstream
basins, as part of the development requirements of the Property, the Developer will
construct on Lot 1 Final Development Plan compliant stormwater detention facility (the
"FDP Hickory Pond"); and
WHEREAS, the City may in the future expand the capacity of the FDP Hickory
Pond to serve as a regional stormwater detention facility, which may include a minor
amendment to the Development through the development review process which
amendment shall be the responsibility of the City; and
WHEREAS, the work to be performed by the Developer in constructing the FDP
Hickory Pond and removing dirt from Lot 1 as described in the Final Development Plan
Documents will be complete and independent of the City's possible expansion of the FDP
Hickory Pond; and
WHEREAS, pursuant to the Exchange Agreement and Final Development Plan
Documents, as part of the development requirements of the Property the Developer will
alter the location of the existing Natural Habitat Buffer Zone ("NHBZ") to remove it from
the Property and expand the NHBZ onto the City's Lot 1; 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. The improvements to be constructed by the Developer
are shown in the Final Development Plan Documents and noted therein, "The Developer
is responsible for providing all labor and materials necessary for the completion of the
intended improvements, shown on these drawings, or designated to be provided,
installed, or constructed, unless specifically noted otherwise." Such improvements shall
not mean, refer to, or include any work shown in the Final Development Plan Documents
to be performed by the City. Without limiting the generality of the foregoing, the Developer
is not responsible for the installation of any items labeled to be built by others or "future"
or "ultimate" or "conceptual" or not for construction on the Final Development Plan
Documents. Specific items that are not the responsibility of the Developer include by
example and not limitation:
a. The Ultimate Hickory Pond Outfall Pipe and the Ultimate Mason Street
Conveyance Pipe;
b. The Future Hibdon Street Sewer Main;
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c. The Future Sidewalk and tree parkway east of Mason Street, except the
future sidewalk and tree parkway east of Mason Street, adjacent to Lot 3,
shall be the responsibility of the Lot 3 developer in the future;
d. The future sidewalk and tree parkway west of Mason Street, adjacent to
Lot 1;
e. The Future Mason Street roadway north and south of the "proposed" project
limits as shown on the Final Development Plan Documents, except the
interim roadway tie-ins and offsite utility restoration work, as shown on the
Final Development Plan Documents, which are the responsibility of the
Developer.
If there is discrepancy between the above list and the Final Development Plan
Documents, the Final Development Plan Documents shall prevail.
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. This project
was reviewed and approved under the Transitional Land Use Code. The Land Use Code
references in this Agreement correspond to sections of the Transitional Code.
Notwithstanding, the foregoing language is not intended to alter or otherwise affect valid
vested rights except as may be provided for in § 24-68-1057 C.R.S.
C. The terms of this Agreement shall govern all development activities of the
Developer pertaining to the Development. For the purposes of this Agreement,
"development activities" shall include, but not be limited to, the following: (1) the actual
construction of improvements shown in the Final Development Plan Documents, (2)
obtaining a permit therefor, or (3) any change in grade, contour or appearance of the
Property or City Property caused by, or on behalf of, the Developer with the intent to
construct improvements thereon as shown in the Final Development Plan Documents.
D. Except as otherwise herein specifically agreed, all water, sanitary sewer,
and storm sewer lines, facilities, and appurtenances, and all streets, curbs, gutters,
sidewalks, bike paths, and other public improvements required by this Development shall
be paid for and installed by the Developer as shown on the Final Development Plan
Documents and in full compliance with the standards and specifications of the City on file
in the office of the City Engineer at the time of approval of the utility plans relating to the
specific utility, subject to a three year time limitation from the date of approval of the Final
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Development Plan Documents. If the Developer commences or performs any
construction pursuant hereto after the passage of three years from the date of approval
of the Final Development Plan Documents, the Developer shall resubmit the utility plans
to the City Engineer for reexamination. The City may then require the Developer to
comply with the approved standards and specifications of the City on file in the office of
the City Engineer at the time of the resubmittal.
E. No building permit for the construction of any structure within the Property
shall be issued by the City until the public water lines and stubs to the applicable lot within
the Property, fire hydrants, electrical lines, sanitary sewer lines and stubs to the applicable
lot within the Property, and public streets (including curb, gutter, sidewalk, and pavement
with at least the base course completed) serving such structure have been completed
and accepted by the City. No building permits shall be issued for any structure located in
excess of 660 feet from a single point of access, unless the structures contain sprinkler
systems that are approved by the Poudre Fire Authority. Notwithstanding any provision
in this Agreement to the contrary, a contractor shall be eligible to apply for Footing and
Foundation permits for the construction of structures within Lot 2 prior to the installation
and acceptance, as defined in Section II.K. hereinafter, of all underground water, sanitary
sewer, and storm sewer facilities, and an emergency accessway for Lot 2. Facilities shall
include but not be limited to all mains, lines, services, fire hydrants and appurtenances to
be constructed by the Developer for the Development as shown on the Final Development
Plan Documents. Utility lines will not be stubbed to Lot 3 until future development of Lot
3.
F. Any water lines, sanitary sewer lines, storm drainage lines, electrical lines, and
streets described on Exhibit A, attached hereto and incorporated herein, shall be installed
within the time and sequence required in the body of this Agreement and on Exhibit A. If
the City Engineer has determined that any water lines, sanitary sewer lines, storm
drainage facilities 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 within the time as established under "Special Conditions" in this
Agreement. The storm drainage facilities to be installed by the Developer are shown in
the Final Development Plan Documents and include the FDP Hickory Pond, Private Water
Quality Improvements (as defined in Section II.C.3 of this Agreement), if any, and
drainage facilities identified as public and private in the Final Development Plan
Documents.
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 to be constructed by the Developer as 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 Final Development Plan Documents and development and
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construction specification manuals 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. Construction specification manuals
and sources include:
• The City of Fort Collins LUC and Municipal Code;
• Fort Collins Stormwater Criteria Manual;
• Fort Collins Utilities Water and Wastewater Design Criteria Manual;
• City of Fort Collins Utilities Development Construction Standards Manual
for Water, Wastewater, and Stormwater;
• Fort Collins Utilities Water, Wastewater, and Stormwater Standard Details
• Larimer County Urban Area Street Standards.
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 ("DCP") application.
J. All storm drainage facilities to be constructed by the Developer as shown in the
Final Development Plan Documents shall be designed and constructed by the Developer
so as to protect downstream and adjacent properties against injury and to adequately
serve the Development (and other lands as may be required, if any). The Developer shall
not be responsible for designing or constructing the "Ultimate Hickory Pond Outfall Pipe"
or the "Ultimate Mason Street Conveyance Pipe" as shown on page 42 (UTL 1) of the
Final Development Plan Documents. The Developer shall meet or exceed the minimum
requirements for stormwater 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 stormwater drainage facilities, except for (1) claims and damages that are caused by
the acts or omissions of the City in maintenance of facilities that have been accepted by
the City for maintenance; (2) errors, if any, in the general concept of the City's master
plans (but not to include any details of such plans, which details shall be the responsibility
of the Developer); and (3) specific written or otherwise documented directives that may
be given to the Developer by the City. This same indemnity and hold harmless
requirement applies to the Developer also for all claims that might arise, directly or
indirectly, as a result of the discharge of injurious storm drainage or seepage waters from
the FDP Hickory Pond during construction and through issuance of the Substantial
Completion Memorandum for FDP Hickory Pond. No language in this Paragraph shall be
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construed or interpreted as establishing in any way the City's liability for any act or
omission and the terms of this Paragraph solely relate to the Developer's obligation to
indemnify and hold harmless the City. The City agrees to give notice to the Developer of
any claim made against it to which this indemnity and hold harmless agreement by the
Developer could apply, and the Developer shall have the right to defend any lawsuit based
on such claim and to settle any such claim provided Developer must obtain a complete
discharge of all City liability through a settlement. Failure of the City to give notice of any
such claim to the Developer within ninety days after the City first receives a notice of the
claim under the Colorado Governmental Immunity Act for the same, shall cause this
indemnity and hold harmless agreement by the Developer to not apply to the claim and
such failure shall constitute a release of this indemnity and hold harmless agreement as
to such claim. Approval of and acceptance by the City of any storm drainage facility
design or construction shall in no manner be deemed to constitute a waiver or
relinquishment by the City of the aforesaid indemnification. The Developer shall engage
a Colorado licensed professional engineer to design the stormwater drainage facilities
as aforesaid and it is expressly affirmed hereby that such engagement shall be intended
for the benefit of the City, and subsequent purchasers of property in the Development.
K. The Developer shall pay the applicable "stormwater plant investment fee" in
accordance with Chapter 26, Article VII of the Code of the City of Fort Collins (the "City
Code"). This fee shall be paid by the Developer before the issuance of the DCP. This fee
shall be $4,711.32 using 2025 stormwater development fee rates. This is based on the
net increase in impervious area by this Development of 17,085-SF as shown on the Final
Development Plan Documents.
L. The Developer shall provide the City Engineer with certified Record Plan
Transparencies ("as-built drawings") by electronic file 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.
M. Except for the property conveyed to the City pursuant to the Exchange
Agreement, which the City has agreed to accept as is subject to the representations in
Section 14 of the Exchange Agreement, the Developer specifically represents that to its
knowledge all property dedicated (both in fee simple and as easements) to the City
associated with this Development (whether on or off-site) is in compliance with all
environmental protection and anti-pollution laws, rules, regulations, orders and
requirements, including solid waste requirements, as defined by the U. S. Environmental
Protection Agency Regulations at 40 C.F.R., Part 261. The Developer further represents
that the property as dedicated to the City pursuant to this Development, is in compliance
with all requirements pertaining to the disposal or existence in or on the 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
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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. This indemnity and
hold harmless agreement applies to damages or liability not caused by circumstances
arising entirely after the date of acceptance by the City of the public improvements
constructed on the dedicated property, except to the extent that such circumstances are
the result of acts or omissions of the Developer. Indemnification shall not extend to
claims, actions or other liability arising as a result of any hazardous substance, pollutant
or contaminant generated or deposited by the City, its agents or representatives, upon
the property dedicated to the City in connection with this Development. The City agrees
to give notice to the Developer of any claim made against it to which this indemnity and
hold harmless agreement by the Developer could apply, and the Developer shall have
the right to defend any lawsuit based on such claim and to settle any such claim provided
the Developer must obtain a complete discharge of all City liability through such
settlement. Failure of the City to give notice of any such claim to the Developer within
ninety days after the City first receives a notice of such claim under the Colorado
Governmental Immunity Act for the same, shall cause this indemnity and hold harmless
agreement by the Developer to not apply to such claim and such failure shall constitute a
release of this indemnity and hold harmless agreement as to such claim.
N. The Developer acknowledges and agrees that the City, as the owner of the City
Property on which improvements will be constructed, or that may be damaged by the
Developer's activities hereunder, expressly retains (and does not by this Agreement
waive) its rights as property owner. The City's rights as owner of the City Property may
include without limitation those rights associated with the protection of the City Property
from damage, and/or the enforcement of restrictions, limitations, and requirements
associated with activities on the City Property by the Developer as an easement recipient.
The City acknowledges that pursuant to the Exchange Agreement the Developer will
remove dirt from Lot 1, which removal is pursuant to the Final Development Plan
Documents and will not be considered "damage" to Lot 1. The City will not perform work
on the City Property during the time of possession by the Developer. The time of
possession by the Developer will terminate upon the issuance of a Substantial
Completion Memorandum for the FDP Hickory Pond and the NHBZ. Separate and apart
from the Development, however, City utilities must have access to maintain the 36-inch
water transmission main, located along the southern property line of Lot 1 and to maintain
and install electric facilities on the south and west sides of Lot 1 as shown on the Final
Development Plan Documents. The Developer shall not be liable for any loss, cost,
expense, or damage arising out of, as a result of, or in connection with any such utility
access. The City's regulatory arms and ownership representation may enter the
Development for inspection and to give direction to the Developer and contractors.
O. If the Developer or contractor or any agent or representative thereof causes
damage to any public infrastructure such damage shall be promptly repaired with the
same kind, quality, color, serviceability, and material composition aspects as was
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possessed by the infrastructure damaged, unless otherwise expressly agreed to by the
City in writing.
P. Any contract the Developer executes relating to development activities on the
City Property must name the City as a third party beneficiary, must require any contractor
contracted for development activities on the City Property to indemnify the City, and must
require any contractor's insurance policy to name the City as an additional insured.
Q. Future development of any lot(s)within the Property shall require the Developer
or its successor(s)-in-interest to enter into a new development agreement(s) with the City
governing the development of such lot(s). The Developer or its successor(s)-in-interest
and the City may enter into a new development agreement(s) without amending this
Agreement and without the consent of other parties to this Agreement other than the City,
as long as the new development agreement(s) does not alter or otherwise contradict the
provisions of this Agreement that are applicable to the other parties.
II. Special Conditions
A. Water Lines
Not applicable.
B. Sewer Lines
Not applicable.
C. Storm Drainage Lines and Appurtenances
1. The Developer agrees to provide and maintain erosion and sediment
control improvements as shown on the Final Development Plan Documents until all
disturbed areas in and adjacent to this Development's construction activities are
stabilized. The City shall assume responsibility for erosion and sediment control
improvements within the FDP Hickory Pond and NHBZ from and after issuance of a
Substantial Completion Memorandum for the FDP Hickory Pond and the NHBZ. Before
beginning construction to guarantee the proper installation and maintenance and, upon
completion, removal of the erosion and sediment control measures shown on the Final
Development Plan Documents, an Erosion Control Security Deposit shall be made in
accordance with the criteria set forth in the Stormwater Criteria Manual ("Criteria")
referenced at City Code § 26-500. When the Erosion Control Security Deposit is a letter
of credit or a bond, the Developer shall replace the security no later than thirty days before
its expiration date. If the security posted by the Developer is a letter of credit, and such
letter has not been replaced or renewed within thirty days of its expiration date, the City
may elect to draw and hold the funds as it sees fit. The amount of the Erosion Control
Security Deposit allocated to the FDP Hickory Pond and the NHBZ shall be released and
returned to the Developer upon the issuance of a Substantial Completion Memorandum
for the FDP Hickory Pond and the NHBZ as provided in Subsection II.E. of this
Agreement. The City shall have the option in any case to also withhold building permits
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and certificates of occupancy, as stated in Paragraph III.D. of this Agreement, as it deems
necessary in order to ensure that at all times the Developer is maintaining appropriate
levels of security to guarantee completion of the erosion and sediment control
improvements. If, at any time, the Developer fails to abide by the erosion control
provisions of the Final Development Plan Documents or the erosion control provisions of
the Criteria after receiving notice of the same or an emergency situation exists which
would reasonably require immediate mitigation measures, then, in either event, and
notwithstanding any provisions contained in Paragraph III.J. of this Agreement 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 Erosion Control Security Deposit as may be necessary to pay all costs
incurred by the City in undertaking the administration, construction, and/or installation of
the erosion control measures required by said plans and the Criteria. In addition, the City
shall have the option to withhold building permits and certificates of occupancy, as stated
in Paragraph III.D. of this Agreement, as it deems necessary in order to ensure that the
Developer installs, maintains, and ultimately removes the erosion and sediment control
measures throughout the build-out of this Development. When identified,_ any violations
of applicable laws, regulations, or policies regarding erosion and sediment control are to
be corrected immediately per Part I.D.8 of the Developer's Colorado Discharge Permit
System ("CDPS") Permit for Stormwater Discharges Associated with Construction Activity
as required by the Colorado Department of Public Health and Environment ("CDPHE")
and City Code § 26-498, Water Quality Control. If no CDPS Permit is required, violations
of any applicable laws, regulations, or policies regarding erosion and sediment control
are to be corrected immediately as required by the CDPHE and the Environmental
Protection Agency (EPA) in accordance with the Clean Water Act, and City Code § 26-
498, Water Quality Control. Failure to correct any violation shall prevent the Developer
from building in any future phases until fully corrected. Upon stabilization of the disturbed
areas, and upon the request of the Developer, the City will confirm that the Development
is stabilized from potential erosion and sediment control discharges from construction
activities and that all temporary erosion and sediment control measures used by the
Developer are removed. Upon the issuance of a Substantial Completion Memorandum
for the FDP Hickory Pond, the City shall assume Erosion Control responsibilities for FDP
Hickory Pond (Lot 1), and the Developer's Erosion Control Security Deposit shall be
reduced accordingly. Thereafter, upon confirmation by the City that the rest of the
Development is stabilized, any remaining portions of the Erosion Control Security Deposit
that are associated with the adequate maintenance of erosion and sediment control
improvements shall be returned. The City will not perform work on the City Property
during the time of possession by the Developer. The time of possession by the Developer
will terminate upon issuance of a Substantial Completion Memorandum for the FDP
Hickory Pond and the NHBZ.
The Developer shall also be required to post a Natural Habitat Buffer Zone Security
Deposit for the FDP Hickory Pond and NHBZ as provided in Subsection II.E.3. of this
Agreement.
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2. All on-site and off-site storm drainage improvements, as shown on the Final
Development Plan Documents, shall be completed by the Developer in accordance with
the Final Development Plan Documents before the issuance of any certificate of
occupancy. Completion of stormwater drainage facilities shall include the certification by
a Colorado licensed professional engineer that the stormwater drainage facilities have
been constructed in conformance with the Final Development Plan Documents. Said
certification shall be submitted to the City for review and acceptance at least two weeks
prior to the issuance of any certificate of occupancy in this Development.
3. For private permanent water quality improvements located on private
property associated with the development of the Property (the "Private Water Quality
Improvements"), on-site inspection by a City Inspector is required to verify the proper
installation of such Private Water Quality 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 Land Use Code, and/or this Agreement, as
deemed necessary in order to ensure that the Developer or its successor(s) in interest
properly installs and maintains the Private Water Quality Improvements as specified in
the Final Development Plan Documents.
4. Subsection II.K. of this Agreement shall apply to all storm drainage facilities.
The Developer or its successor(s) in interest shall be responsible for maintaining the
structural integrity and operational function of all storm drainage facilities as shown on the
Final Development Plan Documents before Final Acceptance. For the Public Drainage
Facilities (identified as public in the Final Development Plan Documents) the Developer's
responsibility will continue until such time that ownership and maintenance of the public
drainage facilities are transferred to the City at Final Acceptance, subject to the Repair
Guarantee set forth in Exhibit B attached to this Agreement. All storm drainage facilities
must be maintained in their original operational integrity throughout the build-out of this
Development, following the completion of the construction of the storm drainage facilities,
and after acceptance of the storm drainage facilities and issuance of a Substantial
Completion Memorandum by the City (the "date of completion and first acceptance by the
City" in Exhibit B), and thereafter until Final Acceptance. If at any time before Final
Acceptance, the City determines that the storm drainage facilities 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 storm drainage facilities 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 the storm drainage facilities
before Final Acceptance will result in the withholding of the issuance of additional building
permits and/or certificates of occupancy and, in addition, the City may avail itself of any
other legal remedy that may be provided in the City Code, the Land Use Code and/or this
Agreement until the storm drainage facilities and water quality features are repaired and
restored to the physical characteristics, operational function, and structural integrity
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originally specified in the Final Development Plan Documents approved by the City for
this Development.
5. All lots must be graded to drain in the configuration shown on the Final
Development Plan Documents. For this reason, the following requirements shall be
followed for all buildings/structures on all lots:
Before the issuance of a certificate of occupancy for any building the Developer
shall provide the City with certification that the lot has been graded in compliance
with the Final Development Plan Documents. This grading certification shall:
a. Demonstrate that the building finish floor elevation has been built in
accordance with the elevation specified on the Final Development Plan
Documents.
b. 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.
c. Demonstrate 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.
d. Show that the elevations of all corners of the lot are in accordance with the
elevations shown on the Final Development Plan Documents.
e. Be completed by a Colorado licensed professional engineer and shall be
submitted to the City for review and acceptance at least two weeks prior to
the requested date of issuance of the applicable certificate of occupancy.
6. The Developer shall obtain the City's prior approval of any changes from
the Final Development Plan Documents in grade elevations and/or Storm Drainage
Facility configuration that occur as a result of the construction of buildings and/or
development of Lot 2 or 3, 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 restore all areas that are disturbed during
construction of the off-site storm drainage improvements in accordance with the Final
Development Plan Documents promptly following construction. The Developer shall
ensure that no negative impact occurs to the adjoining properties during the construction
of the storm drainage 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 from the water quality and detention facilities in compliance with
State of Colorado drain time requirements. C.R.S. § 37-92-602(8). The water quality
volume accumulated during frequent storms will be discharged over a 40 hour period.
The 100-yr detention volume from larger events will discharge in less than 120 hours. If,
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after construction and acceptance of the storm drainage facilities associated with this
Development, surface or standing water conditions persist in these facilities, and if such
conditions are beyond what can be expected in accordance with the approved stormwater
design, the Developer shall promptly, upon such discovery, install an adequate de-
watering system in the storm drainage facilities. Such a system shall be reviewed and
approved by the City before installation.
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 C, attached hereto
and incorporated herein.
D. Streets
1. Subject to the conditions of this Agreement, the City agrees to
reimburse the Developer for oversizing public street improvements along Mason Street
for those portions of said street abutting the Development as shown on the Final
Development Plan Documents. Reimbursement for Mason Street shall be for increasing
the roadway width from local access standards to major collector standards
(approximately from centerline Station 10+36.04 to Station 15+81.72) as shown on the
Final Development Plan Documents, and for the cost of the right-of-way necessary to
accommodate the expansion of such roadway. The City shall make reimbursement to the
Developer for the aforesaid oversized street improvements in the manner provided in and
in accordance with City Code Section 24-112. As identified in the City Code, the City
shall not participate in the cost of transportation improvements required solely for the
special use and benefit of the Property required by the transportation impact study for the
Development, or by the City Traffic Engineer. The Developer acknowledges that the City
shall have no obligation to make reimbursement payments for street oversizing unless
funds for such payments are budgeted and appropriated from the transportation
improvements fund by the City Council. The Developer does hereby agree to construct
the aforesaid oversized street improvements with the understanding that the Developer
may not be fully reimbursed by the City for the cost of such construction. The Developer
further agrees to accept payment in accordance with City Code Section 24-112(d) of the
as full and final settlement and complete accord and satisfaction of all obligations of the
City to make reimbursements to the Developer for street oversizing expenses.
2. It is understood that the improvements that are to be constructed in
the public right-of-way as described in this Section II.D are "City improvements" (as
defined below) and, except as otherwise provided in Subsection II.D.3, any contract for
the construction of the same must be executed in writing. If the cost of such
improvements exceeds the sum of$60,000, the contract for the construction of the same
must be submitted to a competitive bidding process resulting in an award to the lowest
responsible bidder; and evidence must be submitted to the City prior to the
commencement of the work showing that the award was given to the lowest responsible
bidder. If the cost of such improvements exceeds $100,000, the contract for the
construction of the improvements must be insured by a performance bond or other
equivalent security. For purposes of this Paragraph, the term "City improvements" shall
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mean either (1) existing improvements owned by the City that are to be modified or
reconstructed, or (2) any improvements funded in whole or in part by the City.
3. In accordance with Section 24-95 of the City Code the Developer is
responsible for constructing the local access portion of Mason Street adjacent to the
Property before the issuance of the first building permit.
a. The Developer has designed the project so that the east sidewalk and tree
parkway for Mason Street adjacent to Lot 3 of the Property will be
postponed until the time of future development of Lot 3.
b. The Developer shall construct the local access portion of the Mason Street
roadway adjacent to Lot 1 and Tract A, as well as the driveway on Tract A,
before the issuance of the first building permit and shall be reimbursed by
the City as provided in Subsection II.D.4. below, Exhibit E, attached hereto
and incorporated herein, and Exhibit F, attached hereto and incorporated
herein.
c. The Developer has designed the project so that the sidewalk and tree
parkway for Mason Street adjacent to Lot 1 and Tract A will be postponed
until such time as the City deems the construction of this sidewalk as
necessary. At that time, the construction of the sidewalk and tree parkway
for Mason Street adjacent to Lot 1 and Tract A will be funded and performed
by the City.
4. The repay provisions herein apply only if the Developer completes
the improvements in accordance with this Agreement and the Final Development Plan
Documents. To obtain City reimbursement for the improvements herein up to the
maximum amount herein, the Developer shall submit to the City within sixty days from
Substantial Completion, a request including:
a. A Colorado licensed Professional Engineer's certification that the
infrastructure was constructed in conformance with the Final Development
Plan Documents and with City standards and specifications;
b. Notification of substantial completion;
c. The contractor's invoice(s) for payment for all materials and work as
approved by the Developer's Engineer separating the quantities and actual
costs for this work;
d. Invoice(s) from the Developer's Engineer clearly showing any fees charged
for work;
e. A certification from the contractor and the Developer's Engineer certifying
that payment has been received for work eligible for basin reimbursements
or, in the alternative, written authorization from the Developer for the City to
make direct payment(s) to the contractor and/or Developer's Engineer;
f. As-built documents prepared by a Colorado licensed engineer or surveyor;
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g. Any additional information the City Engineer acting reasonably, in good
faith, and in a timely manner deems necessary or that is specifically
required under this Agreement.
5. Reimbursement shall be based on actual costs, as long as these
costs do not exceed the base cost set forth on Exhibit E, plus inflation for work performed
and completed in subsequent years, up to three years. Adjustments for inflation may be
based on the construction cost index for Denver, Colorado, as published monthly by the
"Engineering News Record." To the extent funds are available and have been budgeted
and appropriated for the purpose, the City will reimburse the Developer within sixty days
of an approved request under this Exhibit E. If funds are not available and budgeted and
appropriated for the reimbursement, the City Engineer will recommend inclusion of the
costs in the next available budget submittal to the City Council. After approval and
appropriation by the City Council, the City will reimburse the Developer within sixty days.
The term of any repayment agreement established hereunder shall not exceed ten years
from the date of its execution. The City Council may approve one extension of the
agreement for an additional period of up to one year, if application for the extension is
made before the expiration of the original ten-year term.
6. In accordance with Section 24-95 of the City Code the Developer is
responsible for constructing the local access portion of Hibdon Court adjacent to Lot 3
before the issuance of the first building permit for the Property. Notwithstanding the
foregoing, the Developer has designed the project so that the south sidewalk for Hibdon
Court adjacent to Lot 3 will be constructed before the issuance of the first building permit
on the Property, and the remaining local access portion of Hibdon Court adjacent to Lot
3 will be postponed until the time of future development of Lot 3.
7. As identified in Article III, Chapter 23 of the City Code (the
"Encroachment Regulations") no encroachments or obstructions are allowed within the
public rights-of-way without a permit ("Encroachment Permit"). Though not constituting
an Encroachment Permit, the Exchange Agreement and the temporary construction
easement executed pursuant to that Exchange Agreement (see Ordinance No. 037,
2024) provide for the removal of dirt from Lot 1 and other temporary activities related to
the excavation of the FDP Hickory Pond facility and related infrastructure and equipment.
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) in which the encroachment is adjacent to or benefits and the
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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 new Property owner. The permit is revocable pursuant to
the Encroachment Regulations.
b. The Developer, for itself and its successor(s) in interest, does hereby
release and hold harmless the City from any damages to the encroachment
arising from the City's actions in maintaining, repairing and/or replacing the
public infrastructure including utilities, except as caused by the City's gross
negligence or willful misconduct.
c. The City shall have no responsibility for the installation and maintenance of
any encroachment, and the Developer, for itself and its successor(s) in
interest, does hereby indemnify and hold harmless the City from any and all
claims that might arise, directly or indirectly, as a result of the Developer's
installation or maintenance of any encroachments onto the public right-of-
way.
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.
8. Notwithstanding any provision herein to the contrary, the Developer
shall be responsible for all costs for the initial installation of traffic signing and striping for
this Development, including both signing and striping related to the Developer's internal
street operations and the signing and striping of any adjacent or adjoining local, collector
or arterial streets that is made necessary because of the Development.
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9. Except with respect to the FDP Hickory Pond and the NHBZ,
following completion of all public infrastructure improvements, the Developer shall
continue to have responsibility for maintenance and repair of said improvements in
accordance with Sections 2.2.3, 3.3.1, and 3.3.2 of the Land Use Code of the City and as
provided in this Agreement, except for maintenance and repair resulting from acts of the
City, its agents, employees, contractors, subcontractors, or third parties not under the
direct control of the Developer.
E. Natural Resources
1. The Final Development Plan Documents identify areas within the
Development 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 §3.4.1(E). The City's
Environmental Planner shall periodically inspect the Development to ensure compliance
with the NHBZ requirements established in the Final Development Plan Documents.
2. The Developer shall ensure that all landscaping and restoration
activities within the NHBZ located on Lot 1 of the Limits of Development ("LOD" — see
Paragraph 7 below) are properly maintained according to the performance metrics in this
Section II.E. following construction thereof to ensure that the vegetation is fully
established and maintained in accordance with the Adaptive Management and
Restoration Plan, Exhibit D attached hereto and incorporated herein, until the issuance
of a Substantial Completion Memorandum for the FDP Hickory Pond and the NHBZ. If
trees cannot be planted during a Tree Planting Season as defined in Section 5(c) of
Exhibit G, the planting of trees will be completed during the following Tree Planting
Season before the issuance of a Substantial Completion Memorandum. The restoration
efforts will ensure that the goals and requirements of the Adaptive Management and
Restoration Plan are accomplished. Notwithstanding the foregoing, the Developer shall
have no liability or responsibility whatsoever to maintain, repair, restore, replace, mitigate,
or improve any landscaping or irrigation systems within the FDP Hickory Pond and the
NHBZ due to damages by the City, its agents, employees, contractors, subcontractors,
or third parties not under the direct control of the Developer.
3. Prior to the issuance of a DCP, the Developer shall post a security
deposit in the sum of $299,015.06 (the "Natural Habitat Buffer Zone Security Deposit" or
"NHBZ Security Deposit") to guarantee the construction and installation of the landscape
improvements that meets City standards for acceptability within the FDP Hickory Pond
and the NHBZ. The NHBZ Security Deposit must be equal to 125% of the cost of the
construction and installation of the landscape improvement, which shall include plant
material and irrigation system improvements, and if construction and installation extends
beyond twenty four months after issuance of a DCP, then also weed management. If the
seeded areas have not been established in accordance with the Final Development Plan
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Documents, the City may use the NHBZ Security Deposit to install or restore the FDP
Hickory Pond and NHBZ landscape improvements upon notice to Developer and the
failure of Developer to install the landscaping, trees, or other plant materials during the
following planting season. But this provision for the City to draw on the NHBZ Security
Deposit shall not constitute agreement for the Developer not to construct and install the
FDP Hickory Pond and NHBZ landscape according to this Agreement, Exhibit G, and the
Final Development Plan Documents. Upon the issuance of a Substantial Completion
Memorandum for the FDP Hickory Pond and the NHBZ the City shall return to the
Developer the balance of the NHBZ Security Deposit. The City may draw on the NHBZ
Security Deposit as necessary to pay the cost of any work performed or landscape
materials installed by the City prior to the issuance of a Substantial Completion
Memorandum for the FDP Hickory Pond and the NHBZ. If the City draws down the NHBZ
Security Deposit, the Developer agrees to execute such documents and provide such
authorizations as the security issuer requires for the City to draw from the NHBZ Security
Deposit.
4. Prior to the issuance of a Substantial Completion Memorandum for
the FDP Hickory Pond and the NHBZ, the Developer shall post a security deposit in the
sum of$220,000 (the "Revegetation Security Deposit") to guarantee the establishment of
the landscape improvements that meets City standards for acceptability within the FDP
Hickory Pond and the NHBZ. The City shall use the Revegetation Security Deposit to
maintain, repair, restore, and establish the FDP Hickory Pond and NHBZ landscape
improvements after the issuance of a Substantial Completion Memorandum for the FDP
Hickory Pond and the NHBZ. The City may draw on the Revegetation Security Deposit
as necessary to pay the cost of any work performed or landscape materials installed by
the City after the issuance of a Substantial Completion Memorandum for the FDP Hickory
Pond and the NHBZ. The Revegetation Security Deposit shall be in the form of a highly
liquid account that is readily convertible into cash that the City may draw upon, and
Developer agrees to execute such documents and provide such authorizations as the
security issuer requires for the City to draw from the NHBZ Security Deposit. The City
shall provide the Developer with a monthly accounting of funds withdrawn and a monthly
budget to actual accounting from the Revegetation Security Deposit. The City shall return
to the Developer the unused portion of the Revegetation Security Deposit upon
establishment of the landscaping within the NHBZ or at the end of the third growing
season after the issuance of a Substantial Completion Memorandum, or establishment
whichever date first occurs, together with a final accounting of the funds withdrawn from
the Revegetation Security Deposit. "Establishment of the Landscaping" shall mean that
the performance requirements of this Subsection II.E., the City Stormwater Code, and the
State Stormwater permit have been met.
5. 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 three growing
seasons or until determined by the City to be established in accordance with the coverage
specifications of Paragraph II.E.4., whichever occurs first. The NHBZ success criteria are
as follows:
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a. The total vegetative ground cover contributed by all desirable plant species
(excepting mature trees) is equal to or greater than the desirable vegetative
cover of the applicable reference area(s) from that calendar year,
b. No more than five percent of the species noted on the site may be a weed
or noxious species as defined by City Code Section §20-41 and Colorado
Department of Agriculture's Noxious Weed List as defined by the Colorado
Noxious Weed Act §§35-5.5,
c. The Development site shall display no evidence of detrimental erosion due
to rills, gullies or excessive bare spots of ground, and
d. Survival rate of all planted shrubs and trees is equal to or greater than eighty
percent.
Total vegetative ground cover will be determined using a reference area
approach, where the reference areas are representative of the target
vegetative community(ies) and are selected by the City Environmental
Planner. The total vegetative ground cover of the applicable reference
area(s) will be measured annually at the end of the growing season (late
summer to early fall)to the point of demonstrating sample adequacy in order
to provide an accurate level of vegetative cover reflective of local climatic
conditions. Acceptable desirable total vegetative cover of the NHBZ cannot
be less than forty percent. Determination of required coverage of the NHBZ
will be measured using a line point intercept method with a number of
transects approved by the Environmental Planner across the target habitat
type(s) present, distributed either randomly or on a grid-based pattern, to
gain an adequate representation of the seeded areas.
Prior to the issuance of a Substantial Completion Memorandum for the FDP
Hickory Pond and the NHBZ the Developer shall be responsible for weed
control at all times and as prescribed by the Adaptive Management and
Restoration Plan, Exhibit D. Prior to the issuance of a Substantial
Completion Memorandum for the FDP Hickory Pond and the NHBZ 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.
6. Temporary irrigation systems intended to assist the establishment of
native seeding efforts within the NHBZ may be used for the first two growing seasons and
so long thereafter as the City deems appropriate. The temporary irrigation systems
supporting the establishment of native seeding efforts within the NHBZ may be removed
by the City prior to the final release of the Revegetation Security Deposit.
7. The Developer shall provide an Adaptive Management and
Restoration Plan/Wetland Mitigation/etc. that encompasses revegetation techniques,
monitoring methodology and timeline, and weed management before, during, and after
construction, included in Exhibit D of this Agreement, prepared by a qualified natural
resource professional and reviewed and approved by the City's Environmental Planner.
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8. The Developer shall delineate the Development's property boundary
adjacent to all Limits of Development (LOD) as defined by Land Use Code §5.6.1(N),
including boundaries where grading encroaches existing trees located within the NHBZ
that are to be undisturbed. These areas must be protected with orange construction fence
prior to any type of construction, including over lot grading.
F. Forestry
1. A Street Tree Permit must be obtained from the City Forester
pursuant to City Code Chapter 27, Art. 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; provided, however, that a Street Tree Permit shall not
be required for the removal of trees from Lot 2 as shown in the Landscape Plan. The City
may withhold any certificate of occupancy for the Development if the Developer fails to
obtain a Street Tree Permit until the Developer obtains a Street Tree Permit and the
planting, pruning, and removal of trees or shrubs on or from the public right-of-way or City
Property is in compliance with the Street Tree Permit and Final Development Plan
Documents. In addition to withholding any certificate of occupancy, the City may avail
itself of any other legal remedy provided by law for the failure to obtain a Street Tree
Permit. As a condition of the Street Tree Permit and of this Agreement, at least one week
prior to planting any trees the Developer shall: (1) allow City Forestry Division staff to
inspect the proposed planting sites to review compliance with the Final Development Plan
Documents and applicable regulations; and (2) allow City Forestry Division staff to inspect
and approve, at the nursery if possible, all trees to be planted. City Forestry has the right
to reject and/or substitute any trees that do not meet the Forestry Division's standards.
2. All tree pruning and removal on the Development 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 on the Development, whichever
occurs earlier, tree protection must be installed around all trees that are shown to
be preserved and protected on the Final Development Plan Documents and an arborist
licensed by the City must provide written confirmation to the City that such tree protection
has been installed. Required tree protection measures are set forth in Land Use Code
Section 3.2.1(G) and include, but are not limited to, the requirement that a minimum four-
foot-high barrier be erected no closer than six feet from the trunk or one-half the length to
the drip line (i.e. the canopy edge), whichever is greater.
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4. Prior to landscape work commencing on the Development, the
Developer shall schedule a meeting between City Forestry Division staff and the
landscapers who will perform the work.
5. Tree protection must be maintained throughout the duration of
construction activities on the Development. At any time during construction, and upon
City Forestry Division written notice that tree protection is not adequate for one or more
trees, the Developer shall cease construction activities adjacent to such tree or trees until
required tree protection measures are in place to the satisfaction of the City Forestry
Division.
6. Pursuant to Land Use Code Section 3.2.1(F), suitable locations for
planting all required replacement trees within one-half mile of the Property were not
located and the Developer wishes to submit a payment-in-lieu for such trees. Before a
DCP is issued, the Developer shall submit to the City Forestry Division a payment of
twelve replacement trees at $500/tree.
G. Soil Amendment
In all areas of this Development that are to be landscaped or planted in
accordance with the Final Development Plan Documents, the soils shall be loosened and
amended by the Developer in accordance with Land Use Code § 3.8.21 (for areas without
a Building Permit) and with City Code § 12-132 (for areas with a Building Permit). The
completion of soil amendments shall include certification by the Developer that this work
has been completed. This certification shall be submitted to the City for review and
acceptance at least two weeks before the date of issuance of any certificate of occupancy
in this Development.
In all areas of the Lot 1 FDP Hickory Pond that are to be landscaped or
planted in accordance with the Final Development Plan Documents, the Developer must
loosen and amend the soils as coordinated and required by the City Erosion Control and
Natural Resource Inspectors (see also Subsection II.K.2. of this Agreement).
H. 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 from the Property,
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. Except with respect to any subdrain on Lot 1, 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. Except with respect to any subdrain on Lot
1, the City shall not be responsible for, and the Developer, for itself and its successor(s)
in interest, hereby agrees to indemnify and hold harmless the City against, any damages
or injuries sustained in the Development as the result of groundwater seepage or flooding,
structural damage or other damage resulting from failure of any such subdrain system.
Upon installation and acceptance by the City, the subdrain on Lot 1 shall thereafter be
maintained, operated, repaired, reconstructed, and/or replaced as necessary by the City.
Once constructed and installed and after the required two-year repair period following the
issuance of a Substantial Completion Memorandum for the FDP Hickory Pond and the
NHBZ, the Developer shall have no further responsibility for the maintenance, operation,
repair, reconstruction, and/or replacement of the subdrain on Lot 1.
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 Property
or the FDP Hickory Pond prior to Final Acceptance by the City.
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 this Subsection II.H 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 days after the City first receives notice of such claim under the Colorado
Governmental Immunity Act 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.
I. Hazards and Emergency Access
No stockpiled combustible material will be allowed on the Development until
a permanent water system is installed by the Developer and approved by the City.
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J. Development Construction Permit
The Developer shall apply for and obtain a DCP for this Development, in
accordance with Division 2.6 of the Land Use Code, prior to the Developer commencing
construction. The Developer shall pay the required fees for said DCP and construction
inspection, and post security to guarantee completion of the public improvements
required for this Development, prior to issuance of the DCP.
K. FDP Hickory Pond and Transfer/Acceptance of Facilities.
1. Construction of FDP Hickory Pond. Developer is responsible for the
construction and installation of the FDP Hickory Pond as provided for in the Final
Development Plan Documents, including soil preparation and initial seeding and the
requirements set forth on Exhibit G attached hereto and incorporated herein and the
following additional requirements:
a. The Developer shall inspect FDP Hickory Pond each day that work is
performed on the FDP Hickory Pond during active construction and
weekly thereafter until a Substantial Completion Memorandum is issued
for the FDP Hickory Pond and the NHBZ. At a minimum, the inspections
shall include:
i. Monitoring construction progress;
ii. Documenting progress with photographs each day that construction
activities are occurring or on a weekly basis if no construction
activities are occurring;
iii. Monitoring for active erosion;
iv. Verification that erosion control measures are in place, maintained,
and effective;
v. Groundwater monitoring (monthly); and
vi. Vegetation monitoring on all disturbed areas within the FDP Hickory
Pond and the NHBZ.
b. The Developer shall notify and obtain City approval of any issues with,
and/or changes to, the approved Final Development Plan Documents.
c. During active construction, the Developer shall provide weekly
construction reports to the Utilities Project Manager.
2. Soil Amendment. All disturbed soils in the FDP Hickory Pond shall
be amended as per Erosion Control Department and City Code §12-132 requirements.
The soil amendment must also be approved by City Environmental Planning before
application to meet material quality standards.
3. Groundwater level monitoring during construction. The Developer
shall monitor and track groundwater levels of two monitoring wells below the FDP Hickory
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Pond during construction until a Substantial Completion Memorandum is issued for the
FDP Hickory Pond and the NHBZ. On a monthly basis, through construction and until a
Substantial Completion Memorandum is issued for the FDP Hickory Pond and the NHBZ
the Developer shall send the City the month's monitoring results. If the groundwater
levels are shown to be less than eighteen inches from the designed final elevations of the
FDP Hickory Pond, per the approved Final Development Plan Documents, the Developer
shall discuss options with the City and present a revised design to the City for review.
The Developer may be required to address groundwater exposure or vegetation
maintenance issues resulting from groundwater levels less than 18 inches from finish
grade over a seven-day period. Any changes to the approved Final Development Plan
Documents may require a formal Utility Plan Revision or Minor Amendment approval,
which will be obtained by the City.
4. Transfer of FDP Hickory Pond and the NHBZ to the City.
a. To facilitate development of the Mason Street Infrastructure Project, the
Exchange, and the construction of the FDP Hickory Pond on Lot 1, the
City agrees to take early possession of Lot 1 and the NHBZ. Conditional
upon completion of the requirements of Section II.E. and Exhibit G of
this Agreement by the Developer, the City will accept the FDP Hickory
Pond and the NHBZ, except the "Hickory Pond Infrastructure" as
hereinafter defined, and issue a Substantial Completion Memorandum
for the FDP Hickory Pond and the NHBZ. Upon issuance of a Substantial
Completion Memorandum for the FDP Hickory Pond and the NHBZ the
City will assume responsibility for maintenance of the FDP Hickory Pond
and the NHBZ, including but not limited to erosion control, performance
requirements of Section II.E. of this Agreement, the City Stormwater
Code, and the State Construction Stormwater Permit requirements on
Lot 1 (around the FDP Hickory Pond), as shown on the approved Final
Development Plan Documents. From and after the date of the issuance
of a Substantial Completion Memorandum for the FDP Hickory Pond
and NHBZ, the Developer shall have no further responsibility, liability, or
obligation whatsoever for maintenance or repair of the FDP Hickory
Pond and NHBZ, except the Hickory Pond Infrastructure as hereinafter
defined, under this Agreement, Exhibit B, the Land Use Code, or any
other rule, regulation, or ordinance of the City. The City shall perform all
maintenance on the FDP Hickory Pond and NHBZ from and after the
issuance of a Substantial Completion Memorandum for the FDP Hickory
Pond and NHBZ and shall look solely to the Revegetation Security
Deposit for payment of any costs incurred by the City in performing such
maintenance. The Developer shall have no responsibility, liability, or
obligation to restore or increase the Revegetation Security Deposit in
the event the Revegetation Security Deposit is not sufficient to pay the
costs of the maintenance and repair of the FDP Hickory Pond and NHBZ
from and after the issuance of a Substantial Completion Memorandum
for the FDP Hickory Pond and NHBZ. Except with respect to the Hickory
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Pond Infrastructure as hereinafter defined, the issuance of a Substantial
Completion Memorandum for the FDP Hickory Pond and NHBZ shall
have the same effect as the issuance of a "Final Acceptance of Public
Infrastructure" and the expiration of the 2-year Maintenance Guarantee
and the 5-year Repair Guarantee set forth in Exhibit B of this Agreement
and the Land Use Code.
b. The Exchange Agreement temporary construction easement on Lot 1
shall terminate after the issuance of a Substantial Completion
Memorandum for the FDP Hickory Pond and the NHBZ except as
necessary to repair the "Hickory Pond Infrastructure" as hereinafter
defined during the 2-year Maintenance Guarantee and 5-year Repair
Guarantee periods.
c. For the purposes of this Agreement, "Hickory Pond Infrastructure" shall
be defined as all hardened or installed construction materials, such as
concrete drainage pan and concrete headwalls, pipe, flatwork,
underdrain system, and groundwater monitoring wells. Final Acceptance
of the Hickory Pond Infrastructure shall occur twenty-four months after
issuance of a Substantial Completion Memorandum for the FDP Hickory
Pond and the NHBZ. The Utilities Project Manager and the Developer's
Engineer shall perform a joint inspection of the site at approximately
twelve months and twenty-three months after issuance of a Substantial
Completion Memorandum for the FDP Hickory Pond and the NHBZ.
When all outstanding issues are addressed, the Utilities Project
Manager shall issue a "Final Acceptance of Public Infrastructure"
Memorandum for the Hickory Pond Infrastructure. This shall align with
the completion of the Maintenance Guarantee period, per Subsection
II.N. and Exhibit B.
5. Substantial Completion and Final Acceptance of the storm drainage
facilities.
Substantial completion of the storm drainage facilities will be initiated by
the Developer submitting to the City Utilities Project Manager a certification for the
storm drainage facilities using the standard "Overall Site and Drainage Certification"
form. The Utilities Project Manager shall have at least two weeks to review this
certification and issue comments and punch list. Once the punch list items have been
fully and satisfactorily addressed, the Utilities Project Manager shall issue a
"Substantial Completion Memorandum" to document Substantial Completion of the
stormwater drainage facilities. The Substantial Completion Memorandum shall cause
the two-year Maintenance Guarantee and the five-year Repair Guarantee periods to
begin (per Subsection II.N. and Exhibit B—this is the "date of completion and first
acceptance by the City" in Exhibit B).
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6. Acceptance of(non-FDP Hickory Pond and non-NHBZ) Public Storm
Drainage Facilities for Maintenance.
The City shall assume full and complete responsibility for maintenance of
the public storm drainage facilities (other than the FDP Hickory Pond and NHBZ, which
will be accepted by the City upon issuance of a Substantial Completion Memorandum for
the FDP Hickory Pond and NHBZ) after"Final Acceptance of the storm drainage facilities"
as per this Subsection II.K.6. (2 years after issuance of a Substantial Completion
Memorandum for the FDP Hickory Pond and the NHBZ), subject only to the Developer's
Repair Guarantee set forth in Exhibit B. The City shall accept the storm drainage facilities,
other than the FDP Hickory Pond and the NHBZ, and the responsibility for maintenance
thereof upon:
a. Certification by a Colorado licensed professional engineer that the storm
drainage facilities were built in accordance with the Final Development Plan
Documents; and
b. Upon verification that all stabilization requirements from Erosion Control
and Environmental Planning departments have been met (per this
Subsection and Subsections II.C.1.7 II.E., and II.G); and
c. This will be documented in a "Final Acceptance of Public Infrastructure"
Memorandum for the storm drainage facilities (other than the FDP Hickory
Pond and the NHBZ, which will be accepted by the City upon issuance of a
Substantial Completion Memorandum for the FDP Hickory Pond and NHBZ)
issued by the Utilities Project Manager.
L. Mason Street Wastewater Main and Storm System B
1. This Subsection L provides terminology related to Developer repays
for the Mason Street Wastewater Main and Storm System B.
2. Construction. The installation of the Mason Street Wastewater Main
and Storm System B (which includes Storm Drain B, Storm Drain 132-S, Storm Drain 132-
S1, Storm Drain B2-E) as provided for in the Final Development Plan Documents shall
be the responsibility of the Developer.
3. Substantial Completion, Final Acceptance, and maintenance for the
Mason Street Wastewater Main and Storm System B will follow the standard construction
inspection processes as provided in the City Code and Land Use Code and the
reimbursement as provided below and in Exhibit F.
4. Substantial Completion for the Mason Street Wastewater Main and
Storm System B shall be, for the purposes of repay, as of the issuance of the "Initial
Acceptance of Public Infrastructure" letter from the Engineering Inspection Department.
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This letter starts the Maintenance and Repair Warranty periods and is also known as the
first/initial acceptance by the City.
M. Stormwater and Wastewater Costs and Repay
1. The Developer shall be eligible for reimbursement of the costs
associated with the construction of the following items:
a. FDP Hickory Pond — The Developer shall be eligible for
reimbursement of the costs associated with the construction of
two permanent groundwater monitoring wells, the FDP Hickory
Pond underdrain system, and the permanent erosion control
protection (turf reinforcement mat) located at the FDP Hickory
Pond overflow area. These costs are detailed in Exhibit F.
Except as otherwise provided herein or in the Exchange
Agreement, the City will not reimburse the Developer for the
earthwork, utility costs, or other civil construction costs
associated with the construction of the FDP Hickory Pond.
b. Mason Street Wastewater Main — The Developer shall be eligible for
reimbursement of the City's share of the costs associated with
construction of the Mason Street Wastewater Main. The City is
responsible for the full cost of the oversized twelve-inch wastewater
main, minus the developer's base cost for the eight-inch sewer main as
detailed in the repay Exhibit F.
c. Storm System B — The Developer shall be eligible for
reimbursement for the full costs associated with building the
Storm System B, which costs are detailed in Exhibit F.
2. Reimbursement shall be based on actual costs, as long as these
costs do not exceed the base cost set forth on Exhibit F, plus inflation for work performed
and completed in subsequent years, up to three years. Adjustments for inflation may be
based on the construction cost index for Denver, Colorado, as published monthly by the
"Engineering News Record."
3. The Developer shall be eligible for reimbursement for "Professional
Design Costs and Construction Services", related to the Mason Street Wastewater Main
and Storm System B. The reimbursable fees are estimated and detailed in Exhibit F. The
Developer may request payment for the total fees under this Subparagraph upon
Substantial Completion of these facilities.
4. The repay provisions herein apply only if the Developer completes
the improvements in accordance with this Agreement and the Final Development Plan
Documents.
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5. Payment from the City. To obtain City reimbursement for the
improvements herein up to the maximum amount herein, the Developer shall submit to
the City within sixty days from Substantial Completion, a request including:
a. A Colorado licensed Professional Engineer's certification that the
infrastructure was constructed in conformance with the Final
Development Plan Documents and with City standards and
specifications;
b. The Substantial Completion Memorandum from Utilities Project
Manager;
c. The contractor's invoice(s) for payment for all materials and work
as approved by the Developer's Engineer separating the
quantities and actual costs for this work;
d. Invoice(s) from the Developer's Engineer clearly showing any
fees charged for work;
e. A certification from the contractor and the Developer's Engineer
certifying that payment has been received for work eligible for
basin reimbursements or, in the alternative, written authorization
from the Developer for the City to make direct payment(s) to the
contractor and/or Developer's Engineer;
f. As-built documents prepared by a Colorado licensed engineer or
surveyor;
g. Any additional information the Utilities Executive Director deems
necessary or that is specifically required under this Agreement.
6. To the extent funds are available and have been budgeted and
appropriated for the purpose, the City will reimburse the Developer within sixty days of an
approved request under Paragraph II.M.4. If funds are not available and budgeted and
appropriated for the reimbursement, the Utilities Executive Director will recommend
inclusion of the costs in the next available budget submittal to the City Council. After
approval and appropriation by the City Council, the City will reimburse the Developer
within sixty days. The term of any repayment agreement established hereunder shall not
exceed ten years from the date of its execution. The City Council may approve one
extension of the agreement for an additional period of up to one year, if application for
the extension is made before the expiration of the original ten-year term.
7. If more than two years elapse from the approval date of this
Agreement without substantial progress toward the construction of all improvements
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eligible for reimbursement, the reimbursement obligation shall terminate. The Developer
may request and the Utilities Executive Director may approve extensions of the obligation
for additional one-year periods.
N. Maintenance and Repair Guarantees
The Developer agrees to provide a two-year maintenance guarantee and a
five-year repair guarantee covering all errors or omissions in the design and/or
construction of the public improvements required for this Development, except such
errors and omissions as would be considered inconsequential, nonmaterial, insignificant,
unimportant, trivial, insubstantial, minor, and noncritical in nature or extent, and except
the FDP Hickory Pond and NHBZ. The guarantees provided according to this Subsection
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. 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.
O. Non-reimbursement for Acquisition of Right-of-Way
Provisional Land Use Regulation Subsection 3.3.2(F)(2) provides that the
costs for right-of-way and easements acquisition for off-site public access improvements
are the responsibility of the developer, unless otherwise agreed by the City Manager. The
City Manager agrees to waive reimbursement from the Developer to the City for right-of-
way and easements acquisition on Mason Street and east of Mason Street.
III. Miscellaneous
A. The Developer agrees to provide and install, at its expense, adequate
barricades, warning signs and similar safety devices at all construction sites within the
public right-of-way and/or other areas as deemed necessary by the City Engineer and
Traffic Engineer in accordance with the City's "Work Area Traffic Control Handbook" and
shall not remove said safety devices until the construction has been completed.
B. As required pursuant to Chapter 20, Article IV of the City Code, the
Developer shall, at all times, keep the public right-of-way free from accumulation of waste
material, rubbish, or building materials caused by the Developer's operation, or the
activities of individual builders and/or subcontractors; shall remove such rubbish as often
as necessary, but no less than daily and; at the completion of the work, shall remove all
such waste materials, rubbish, tools, construction equipment, machinery, and surplus
materials from the public right-of-way. The Developer further agrees to maintain the
finished street surfaces so that they are free from dirt caused by the Developer's operation
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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 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) any building permits and certificates of occupancy as it deems necessary
to ensure performance in accordance with the terms of this Agreement. The processing
and "routing for approval" of the various Final Development Plan Documents may result
in certain of said documents carrying dates of approval and/or execution that are later
than the date of execution of this Agreement. The Developer hereby waives any right to
object to any such discrepancy in dates.
E. Except as expressly provided in this Agreement, 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. If 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 land, including any subsequent replatting
of all, or a portion of the Development. 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 Development regardless of whether such
improvements are located on the Development. Assignment of interest within the
meaning of this paragraph shall specifically include, but not be limited to, a conveyance
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or assignment of any portion of the Developer's legal or equitable interest in the
Development, as well as any assignment of the Developer's rights to develop the
Development under the terms and conditions of this Agreement.
I. If 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. If either party fails to perform according to the terms of this Agreement,
such party may be declared in default. If 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 days within which to cure said default. In the event the default remains
uncorrected, the party declaring default may elect to: (a) terminate the Agreement and
seek damages; (b) treat the Agreement as continuing and require specific performance
or; (c) avail itself of any other remedy at law or equity.
K. In the event of the default of any of the provisions hereof by the Developer
which shall require the City to commence legal or equitable action against the Developer,
the Developer shall be liable to the City for its reasonable attorney's fees and costs
incurred by reason of the default. Nothing herein shall be construed to prevent or interfere
with the City's rights and remedies specified in Paragraph III.D of this Agreement.
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 and that venue for any disputes
shall be in 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 days after so mailed:
If to the City/Owner: Engineering Development Review
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
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With a copy to: City Attorney's Office
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
If to the Developer/Owner: N College 1311, LLC
C/o President and CEO
262 E. Mountain Avenue
Fort Collins, CO 80524
With a copy to: James A. Martell
BELFORD & MARTELL, LLC
145 N. College Avenue, Unit E
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
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. The City and the Developer expressly acknowledge and agree that neither
party in their capacity as Owner shall be liable for any obligations of the Developer under
this Agreement, unless as Owner they exercise the rights of the Developer to develop the
Property, in which event the obligations of the Developer shall become those of the
Owner.
Q. No term or condition of this Agreement shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections, or
other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq.,
or under any other law.
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CITY and OWNER:
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
DocuSigned by:
By. �i�l aV�iin o
it��fi7 ��er
Name. Kelly DiMartino
Title: City Manager
Date: April 8, 2025
ATTEST:
DocuSigned by:
934E243B639B429...
City Clerk or Designee
Name.Heather L Walls Signed by:
Title: Deputy City Clerk
04 pORT COrr
APPROVED AS TO CONTENT: SEAL
DocuSigned by:
COLORA90
290ADC9C407E4C4...
City Engineer's Office
Name:Dave Betley
Title: Engineering Development Review
APPROVED AS TO FORM:
City Attorney's Office
Name.Heather Jarvis
Title: Assistant City Attorney I I
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SIGNATURE PAGE OF DEVELOPER AND OWNER ATTACHED TO AND
INCORPORATED IN THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
FORT COLLINS AND N COLLEGE 1311, LLC FOR THE MASON STREET
INFRASTRUCTURE
DEVELOPER and OWNER:
N College 1311, LLC
a Colorado limited liability company
By: Bohemian Foundation,
a Colorado nonprofit corporation,
its sole member
R
By:
Cheryl A. Zimlich,
President and Chief Executive Officer
Date: 4 L5
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this '-\ day of
by I 2025, by Cheryl A. Zimlich as President and Chief Executive Officer, of
Bohemian Foundation, a Colorado nonprofit corporation, the sole member of N College
1311, LLC a Colorado limited liability company.
9&��
Notary Public
My Commission Expires: &v xc 4 , 26ZV
REBECCA ELISABETH SCHOFIELD
NOTARY PUBLIC-STATE OF COLORADO
NOTARY ID 20204019529
MY COMMISSION EXPIRES JUN 4, 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 and relocation if applicable 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:
Except for the FDP Hickory Pond and the NHBZ the Developer hereby warrants and
guarantees to the City, for a period of two 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. If the Developer fails to
correct any damages within thirty days after written notice thereof, then said damages
may be corrected by the City and all costs and charges billed to and paid by the
Developer. The City shall also have any other remedies available to it as authorized by
this Agreement. Any damages which occurred prior to the end of said two year period
and which are unrepaired at the termination of said period shall remain the responsibility
of the Developer.
REPAIR GUARANTEE:
Except for the FDP Hickory Pond and the NHBZ the Developer agrees to hold the City of
Fort Collins, Colorado, harmless for a five year period, commencing upon the date of
completion and acceptance by the City of the public improvements constructed for this
Development, from any and all claims, damages, or demands arising on account of the
design and construction of public improvements of the Development shown on the
approved plans and documents for this Development; and the Developer furthermore
commits to make necessary repairs to said public improvements, to include, without
limitation, the roads, streets, fills, embankments, ditches, cross pans, sub-drains, culverts,
walls and bridges within the right-of-way easements and other public properties, resulting
from failures caused by design and/or construction defects. This agreement to hold the
City harmless includes defects in materials and workmanship, as well as defects caused
by or consisting of settling trenches, fills or excavations.
Further, the Developer agrees that the City shall not be liable to the Developer during the
warranty period, for any claim of damages resulting from negligence in exercising
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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 STORMWATER
A. Purpose
In order for physical stormwater Best Management Practices (BMPs) to be effective,
proper maintenance is essential. Maintenance includes both routinely scheduled activities,
as well as non-routine repairs that may be required after large storms, or as a result of
other unforeseen problems. Standard Operating Procedures (SOPS) clearly identify BMP
maintenance responsibility. BMP maintenance is the responsibility of the entity owning
the BMP.
Identifying who is responsible for maintenance of BMPs and ensuring that an adequate
budget is allocated for maintenance is critical to the long-term success of BMPs. For this
project, the privately owned BMPs shown in Section B below are to be maintained by the
Developer (or successor in interest which may be a property owner, or Homeowners
Association (HOA), or property manager). It is incumbent upon the Developer to keep
maintenance records and provide these records to the City upon request.
B. Site-Specific SOPS
The following stormwater facilities contained within this development are subject to SOP
requirements:
- Perforated Subdrain
- Storm Drain Lines
- Dry Extended Detention
- Pre-Sedimentation Forebay
- Vegetated and/or Cobble Swale
The location of said facilities can be found on the Mason Street Infrastructure 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 Sewer System Cleaning
(Chapter 5, Source Control BMP Fact Sheet S-12)
Dry Extended Private Follow guidelines for Extended Detention Basins
Detention (Chapter6, Section 7.0)
Pre-Sedimentation Private Follow guidelines for Pre-Sedimentation Fore,bay
Forebay (Chapter6, Section 9.0)
Follow guidelines for Grass Buffers and Swales
Vegetated and/or Private (Chapter6, Section 4.0). Take note of native
Cobble Swale vegetation. Also follow recommendations on
Landscape Plans and Specifications.
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Perforated Subdrain
The perforated subdrain system storm drain outfall at the bottom of the Low Impact
Development (LID) system is critical to the overall function of the system subbase. As such,
special maintenance has been identified to ensure these perforated drain systems perform as
they were designed.
Perforated subdrains leading away from the LID system is designed to provide faster release of
water when accumulation occurs under the LID system. Outflow should be seen into downstream
storm boxes. If not seen it is recommended that the system is inspected using a video camera to
verify no clogging has occurred.
Perforated subdrains leading toward the LID system are designed to provide an opportunity for
infiltration. These subdrains may lead to a drywell where additional infiltration capacity is
available to reduce runoff per the stated LID goals adopted by the City.
Routine Maintenance Table
Required
Maintenance Objective Frequency of Action
Action
Use a video camera to inspect the
condition of the perforated drain
pipes. Cleanout pipes as needed. If
Inspection Every two to five years.
the integrity of the pipe is
compromised, then repair the
damaged section(s).
Where accessible, expose inlet
and/or outlet of perforated pipe
Inspection Minimum Annually
and watch for water inflow and/or
Outflow.
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Storm Drain Lines Maintenance Plan
Storm drain lines are subject to sedimentation as well as tree roots clogging the flow path or
altering the pipe slope. Maintenance is important to ensure these storm drain systems perform as
they were designed.
Routine Maintenance Table
Required
Maintenance Objective Frequency of Action
Action
Use a video camera to inspect the
condition of the storm drain pipes.
Cleanout pipes as needed. If the
Inspection Every two to five years.
integrity of the pipe is
compromised, then repair the
damaged section(s).
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Dry Extended Detention Basin
Routine Maintenance Table (Summary from Chapter 6 of UDFCD)
Required
Maintenance Objective Frequency of Action
Action
Occasional mowing to limit unwanted
vegetation. Maintain irrigated turf
Lawn mowing Routine — Depending on aesthetic
grass as 2 to 4 inches tall and non-
and Lawn care requirements.
irrigated native turf grasses at 4 to 6
inches.
Sediment, Remove sediment, debris and litter Routine — Including just before annual storm
Debris and Litter from the entire pond to minimize seasons (that is, April and May), end of
removal outlet clogging and improve storm season after leaves have fallen, and
aesthetics. following significant rainfall events.
Non-routine — Performed when sediment
accumulation occupies 20 percent of the
Major Pond WQCV. This may vary considerably.
Sediment
Remove accumulated sediment from Inspections required every 10 years, non-
removal the bottom of the basin. routine maintenance performed at that time
if necessary. Typical is 10 — 20 years if no
construction activities take place in the
tributary watershed.
Inspect basins to ensure that the
basin continues to function as initially
intended. Examine the outlet for Routine —Annual inspection of hydraulic and
Inspections clogging, erosion, slumping, structural facilities. Also check for obvious
excessive sedimentation levels, problems during routine maintenance visits,
overgrowth, embankment and especially for plugging of outlets.
spillway integrity, and damage to any
structural element.
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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
re m ova I 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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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 D
Adaptive Management and Restoration Plan
Mason Street Infrastructure
Native Habitat Buffer Zone Restoration and Annual
Monitoring Plan
March 2024
Revised April 2025
CEPAR C"REEK
r� OCIzIL INC.
PO Box 272150
Fort Collins, CO 80527
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Table of Contents
1.0 Introduction................................................................................................................................1
2.0 Existing Site Conditions................................................................................................................2
3.0 Restoration Plan..........................................................................................................................3
3.1 Goals and Objectives..............................................................................................................3
3.2 Step-by-Step Approach...........................................................................................................5
4.0 Annual Monitoring Plan..............................................................................................................12
4.1 Schedule .............................................................................................................................12
4.2 Permanent Photo-points.......................................................................................................13
4.3 Sampling Methodology.........................................................................................................13
4.4 Success Criteria ...................................................................................................................13
5.0 Literature Cited and Data Sources ..............................................................................................15
i
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1.0 INTRODUCTION
North College 1311, LLC has proposed the Mason Street Infrastructure development project ("site") within
3 lots totaling approximately 13.13 acres.The City of Fort Collins(City) has also proposed a future detention
basin ("Hickory Pond') within Lot 1. The site is located within parcels 9702100007 and 9702100918 and is
situated between Willox Lane and Hickory Street to the north/south, with Mason Street to the east and
railroad to the west.
An Ecological Characterization Study (ECS) was performed in September 2022 as required by Article 3,
Section 3.4.1 of the City Land Use Code (LUC) (Cedar Creek 2023). The ECS informed the City's
determination that the site contains Dry Creek and will require the implementation of a Natural Habitat
Buffer Zone (NHBZ) to mitigate potential impacts from development on ecological character and quality.
The proposed Project Development Plan presents the NHBZ delineations on site in accordance with LUC
guidelines. Approval of the proposed NHBZ delineation is contingent upon the Applicant completing
additional mitigation requirements prescribed by the City's Environmental Planning Department.
This NHBZ Restoration and Annual Monitoring Plan (Plan) presents recommended restoration and
monitoring approaches which have been designed to ascertain measurable habitat improvement in the
NHBZ.The objective of this Plan is to describe the methods and procedures that will be used to implement
restoration, assess establishment and progress of restoration, identify potential issues, and gather
information used to inform adaptive management activities. Weed management is discussed within the
broader context of our proposed approach in this document and detailed more specifically in a separate
Weed Management Plan (Cedar Creek 2024).
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2.0 EXISTING SITE CONDITIONS
The site primarily consists of upland grassland, containing a mixture of native, invasive, and noxious
species, dominated by smooth brome (Bromus inermis). Other species include leafy spurge (Euphorbia
esu/a),Canada thistle(Cirsiumarvense),Western wheatgrass(Pascopyrumsmithii),orchard grass(Dacty/is
giomerata), alfalfa (Medicago sativa), and prickly lettuce (Lactuca serrioia). Dry Creek traverses the site
from the northwest to the southeast. Dry Creek appears to contain no active surface hydrology and shows
little signs of conveying ephemeral flow.
As such the Dry Creek riparian area is dominated by Siberian elm (Uimus pumi/a), crack willow (Sa/ix
fragi/is), and white poplar (Pope/us a/ba), with a herbaceous layer dominated by smooth brome. Other
species include showy milkweed (Asciepias speciosa), horse tail (Equisetum sp.), rose (Rosa woodsii), wild
licorice (Giycyrrhiza iepidota), and narrowleaf willow (Saiix exigua). The southeast portion of Dry Creek
(across Mason Street) is dominated by cottonwood (Pope/us de/toides) and contains no herbaceous layer.
Dry Creek is listed as requiring a 100-foot NHBZ in Section 3.4.1 of the City LUC.
Given that Dry Creek has not exhibited flowing water for a long time, it is likely that existing vegetation is
dependent on shallow ground water. Therefore, the established trees and shrubs within the riparian zone
likely will not need supplemental irrigation. However, if additional plant materials are installed supplemental
temporary irrigation is warranted.
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3.0 RESTORATION PLAN
3.1 Goals and Obiectives
In accordance with the City LUC 3.4.1 the NHBZ should be managed to:
1. Preserve or enhance the ecological character or function and wildlife use of the natural habitat or
feature and to minimize or adequately mitigate the foreseeable impacts of development.
2. Preserve or enhance the existence of wildlife movement corridors between natural habitats and
features, both within and adjacent to the site.
3. Enhance the natural ecological characteristics of the site. If existing landscaping within the NHBZ
is determined by the decision maker to be incompatible with the purposes of the buffer zone, then
the applicant shall undertake restoration and mitigation measures such as re-grading and/or the
replanting of native vegetation.
4. Provide appropriate human access to natural habitats and features and their associated NHBZ'S in
order to serve recreation purposes, provided that such access is compatible with the ecological
character or wildlife use of the natural habitat or feature.
More specific goals have been established through meetings with the City. These general goals are:
1. Control weeds prior to construction throughout the site, including the Dry Creek riparian corridor.
2. Focus on the enhancement of the Dry Creek riparian corridor through potential direction of sheet
flow of hydrology on site within Dry Creek and additional herbaceous, shrub, and tree plantings.
3. The future Hickory Pond should resemble a naturalized wetland and shrub plantings around the
fringe of the pond should be included.
4. The remaining mitigation area should be established into a higher quality upland grassland than
the existing habitat.
The restoration approach and monitoring presented in this Plan has been developed to support the meeting
of NHBZ goals through evaluation of revegetation establishment and progression. Monitoring results can
be used to identify problem areas or potential issues early in the restoration process, inform adaptive
management activities (i.e., weed management), and assess progress towards the meeting of success
criteria indicative favorable NHBZ restoration and management.
3.2 Responsiblities
The applicant shall be responsible for:
• Restoration of all upland portions of the NHBZ in accordance with the plan, including the upland
portions of the NHBZ that occur on City of Fort Collins property. The applicant will install the plant
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materials as indicated in the Development Agreement for the project, upon completion, the City of
Fort Collins will issue the applicant a "Substantial Completion Memorandum", then the city will be
responsible for the maintenance period.
• Establishing revegetation security account that will be used to fund the maintenance period. The
security shall be sufficient to fund maintenance for the NHBZ.
• Preservation and enhancement of the remnant Dry Creek, including establishing site grading to
encourage water infiltration within the remnant Dry creek to the maximum extent possible.
City of Fort Collins Stormwater Department shall be responsible for:
• The City of Fort Collins Stormwater Department shall take over all responsibility for establishment,
warranty, and maintenance once the applicant has received the "Substantial Completion
Memorandum", which is to be issued after plant materials are planted in accordance with the
Development Agreement.
• The City of Fort Collins will use the revegetation security account established by applicant to
execute the maintenance on the project, any remaining funds following establishment will be
returned to the applicant.
• Final restoration of the Hickory Regional Detention Pond, including installation of naturalized
wetland features within the ordinary high-water mark of the detention pond. Hickory Regional
Detention Pond shall mimic a heterogeneous natural stream/wetland/floodplain complex as much
as site constraints allow. The primary function of the design should attenuate flows and mimic the
former Dry Creek riparian complex of riparian corridor, wetlands, and floodplain of the former Dry
Creek.
o Increase the pervious surface area across the basin's bottom.
o Slow water flow and dissipate flow concentration.
o Emphasize sinuous edges and an undulating bottom in order to maximize heterogeneity of
edge habitats and provide more resistance to flow through small islands, oxbow channel
mimics, and mini floodplains.
o Minimize Edge Slope:The terrestrial-facultative plant boundary should have a very gradual
slope.
o Persistent Emergent Vegetation: Persistent emergent vegetation has stems which persist
even after the growing season. This provides year-round resistance to water flow.
o Create a heterogeneous moisture regime with hydric, mesic, and upland communities.
The design criteria for the Hickory Regional Detention Pond shall include topography to support a
variety of hydric conditions, which will result in planned water dependent vegetative communities
ranging from emergent / mesic meadow with obligate and facultative wetland species, which will
transition to riparian / mesoriparian / xeroriparian habitats where facultative willows and shrubs
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can be planted. Plant materials, in the form of seeding and planting, will be used to restore habitat
features within the detention pond and should target structural and species diversity.
3.3 Sten-by-Step Approach
The following is a recommended step-by-step process designed to reduce cost, improve the ecological
function,and enhance the ecological characteristics of the NHBZ while maintaining flexibility for site-specific
conditions.
Step 1. Creating Opportunity and Reducing Competition
Noxious and invasive species are often non-native, aggressive spreaders, that dominate an ecosystem and
outcompete native species. Establishing native species is important for restoration goals and to provide
healthy, diverse, and sustainable ecosystem. If noxious and invasive species are left unmanaged,
opportunities for native species establishment are greatly reduced. It is recommended some method of
vegetation control must be utilized to control noxious and invasive species.
Vegetation control is implemented via mechanical or chemical controls. Mechanical control entails scraping
or plowing to increase bare ground exposure which will serve as a seedbed / planting medium. Chemical
control entails the use of herbicide to diminish dominance of undesirable and noxious species. Leafy spurge
and Canada thistle the dominant noxious species on the site (see Weed Management Plan; Cedar Creek
2024).The dominant invasive species within the site is smooth brome, an aggressive, non-native, perennial
and rhizomatous grass, spread by wind-driven cross-fertilization to produce seeds and propagate
vegetatively through tillering and root fragments. While smooth brome can negatively impact biodiversity,
it does provide excellent soil stability and forage potential for wildlife. Therefore, a total eradication of this
species may not be necessary, but a chemical treatment is highly recommended prior to initiating
mechanical manipulation of soil, to reduce competition and encourage the establishment of native
vegetation.
Step 2. Grading
Current development plans propose filling in portions of Dry Creek, though a majority of the channel will
remain intact. Grading will be completed to ensure some surface water flows will continue to contribute to
the remnant portions of Dry Creek. Grading and design of the future Hickory Pond should follow the City's
standards and guidelines (City of Fort Collins 2009 &2018).
Prior to the commencement of grading, the contractor shall be required to show proof of equipment
cleaning. The mechanism for showing proof should be agreed upon between the contractor and the City
of Fort Collins Environmental Planning before implementation of the grading.
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Step 3. Soil Preparation
The soil surface should be optimized for seeding or planting. An agronomic assessment is recommended
to evaluate the chemical and physical properties of the soil throughout the site, and a required design
standard in the location of the proposed Hickory Pond. This information can be used to determine whether
soil amendments (i.e. compost)would benefit the establishing plant communities and allow for optimization
of the seed mix to soil conditions.
Planted areas in Hickory Pond will require topsoil with appropriate levels of organic matter and should
receive imported or stockpiled topsoil to a minimum depth of four inches. Sub-grade should be loosened
to a depth of 12 inches total (8"existing sub-grade and 4"of new topsoil) in Hickory Pond and 10 inches
throughout the remainder of the site. Stones, clods, sticks, rubbish, and other matter large enough to
impede planting, seeding, or mowing should be collected and removed from the site. Removed material
must be disposed of legally.
Cultivation should be repeated in areas where equipment used for hauling and spreading topsoil has
recompacted the soil. Disturbed areas should be fine graded to a smooth, uniform surface plane. Prior to
seeding,the soil surface should be loose, allowing for good soil/seed contact. Roll and rake, remove ridges,
and fill depressions to meet surface grades based on grading plans.
Prior to seeding an Environmental Planning inspector needs to confirm proper seed bed preparation and
seed mix details are appropriate.
Step 3. Seeding and Planting
Seeding and planting should occur as soon as possible following final construction and final contouring
within a suitable time frame. For seeding, late fall to early spring (November to May) is favorable, with late
fall being priority for non-irrigated areas. Woody plantings should occur in late fall (prior to frozen ground)
or early spring (November to May) to increase survival success. Woody planting being planted from
containers should have the sides and bottom of the root system scarified. Live stakes should be installed
to ensure 70 to 80% of the entire live stake is underground.
The species used should be native and suitable to the soil and moisture conditions of the NHBZ. Seed mixes
should be designed to facilitate growth of appropriate and sustainable species. If changes are to be made
to the proposed seed mix based on site conditions,then approval must be provided by a city Environmental
Planner. The proposed seed mixes are based on the City's recommended species, site conditions, and the
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U.S. Army Corps of Engineers (USACE) Wetland Indicator Status Plant List for the Great Plains Region
(USACE 2020). The site contains a high-water table within areas, notably the Dry Creek area. A mixture of
upland,facultative-upland, facultative,facultative-wetland, and obligate species were selected to represent
varying conditions and slopes. Species were also selected to provide pollinator habitat, with emphasis on
milkweed species for the U.S. Fish and Wildlife Service (USFWS) federal listing candidate, the monarch
butterfly (Danaus piexippus). See Table 1 for a Proposed Hickory Pond Seed Mix and Table 2 for Proposed
Upland Grassland Seed Mix.
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Table 1 Proposed Hickory Pond and Dry Creek Seed Mix
Recommendatlons
Life-form Common Name Scienti t Ibsf PLS/c:Nomenclature PLS* I lb. acre PLS I ft, Percent of
Plains coreopsis coreopsfstmctona 1,400,000 0.17 5.5 4.5%
L
White prairie clover Dalea candada 210,000 0.65 3.1 2.6%
Swamp milk eed Asclep)as)rcarnata 153,000 1.00 3.5 2.9%
Sho7r,r Milb eed Ascleposspeclosa 72„000 1.00 1.7 1.4%
Blue vervain Verbena hastata 1,792,800 0.40 16.5 13.5%
Forb Subtotal 3.2 39.2 25°f43
Prairie Cordgrass 5partina peermete 197,000 1.00 4.5 3.7%
S+rritchgrass Pan cum V�rgeeum 389,000 1.50 13.4 11.01%
s Fowl bluegrass Rod pelust-YS 3,156,000 0.35 25.4 20.81%
3 BLIffdlograss Bouteloue dectylo des 56,000 3.27 4.2 3.4°-a
I Blue Grama Boutelouegreols 825,000 0.25 4.7 3.9%
MInland saltgrass Drst�chlrssplcata 520,000 0.35 4.2 3.4%
QP
Battlebrush Squirreltail Elymus elymodes 192,000 0.95 4.2 3.4%
Streambankwheatgrass Elymuslanceolarus p. lanceolatus 156,000 1.36 4.9 4.0%
QP
W Little bluestem 5ch17achyr1um sropar;um 260,000 0.70 4.2 3.4%
Nebraska sedge Carexnebra=nsts 534,100 0.40 4.9 4.0%
Three square bulrush 5choenoplectuspungens 300,000 0.70 4.8 3.9%
Arctic rush -7uncusbaltcus 10,900,000 0.05 12.5 10.2%
Grasses Subtotal 1 10.9 91.9 75"fu
Seed Mix Totals L 14.1 122.1 100%
Ibs/PLSJ 2
Acceptable Substitutes PLS f Ib. acre PLS{ ft
Blue flax bnum lgwgw 170,000 0.83 3.2
Black-eyed Susan Rudbecko hmta 1,710,000 0.14 5.5
Marsh sunflower Helaanthusnuttalha 125,000 1.50 4.3
ar Salt and pepper grass Deschamps)a caespetosa 1,300,000 0.07 2.1
W
0 Water sedge Carexaquatdlts 485,000 0.30 3m3
L-
U Slendervrheatgrass Elymustrachycoulus 159,000 1.36 5.0
x PLS Pure Live Seed.All materials furnished shall be free of Colorado State Noxious Weeds as defined in Article III, Section
21-40 of the Code of the City of Fort Collins.This mix is based on drill seed application. If broadcast and harrow methods are
used, rates should be doubled. If hydroseeding occurs, seed must not be mixed with a mulch for application. They must be
applied In two passes: first pass seed, second pass mulch.
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Table 2 Proposed Upland Grassland Seed Mix
Recom menda Iron s
Life-form Common Name Scientific Nomenclature PLS 1 lb. acre IbsJ PLS/ PL { ft2 Percent of
WK
Showy milkweed Asclep�asspeclosa 72,,000 4.2 6.9 9%
a Plains coreopsis coreopsts tynctona 1,400,000 0.17 5.5 71%
sPurple prairie clover Dalea purpurea 210,000 0.81 3.9 54a
Indian blanketflower Gatllardta anstata 132,,000 1.85 5.6 7%
Rocky 111ountain penstemon Penstemon strlctus 592,000 0.35 4.8 6%
Mexican hat Raobtda colummfera 737,000 0.20 3.4 4%
Forb Subtotal 7.6 36.1 4V1.
Indian ricegrass Achnatherum hymeno�des 141,000 1.13 3.7 5%
Sideoats grama ffouteloua curty'pendula 191,000 1.15 5.0 7%
Buffalograss Buchloe dactylo�des 56,000 3.27 1 4.2 6%
Blue grama Bouteloua grocyles 825,000 0.25 4.7 6ap
aa
Bottlebrush squirreltail Elymus elyrmldes 192,000 0.95 4.2 6%
Prairie junegrass Koelena macrantha 2,315,400 0.08 4.3 6%
Green needlegrass Plassella vyfdula 181,000 1.01 4.2 6%
S7rritchgrass Pamcum Virgatum 389,000 0.71 6.3 84a
Western wheatgrass Pa=pyrum smith 110,000 1.61 4.1 5%
Sand dropseed 5porobolus cryyptendrus 5,298,000 0.04 4.9 6%
Grasses Subtotal 10.2 45.5 69"43
Seed Mix Totals 17.8 75.6 100%
Ibs/PLS/ 2
Acceptable Substitutes PLS J Ib. ,acre PLS{ ft
Fringed sage Artemis)a fngida 4,536,000 0.2 20.8
Blue flax be7umlevlfysty' 293,000 0.8 5.4
Prairie aster Machaeranthera tanacetifoba 108,000 0.6 1.5
Canada wildrye Elymus canadenos 115,000 10.4 27.5
QP
Inland saltgrass nstchlissprceto 520,000 1.2 14.3
Nlountain muhly MuNenberga Montana 1,500,000 2.0 68.9
alkali sacaton sporobolusaff0des 11,750,000 1 1.0 40.2
x PLS = Pure Live Seed.All materials furnished shall be free of Colorado State NoxiOLIS Weeds as defined in Article ffi;
Section 21-40 of the Code of the City of Fort Collins.This mix is based on drill seed application. If broadcast and harrow
methods are used, rates shOLIld be doubled® If hydroseeding occurs, seed must not be mixed with a mulch for
application. They musk be applied in two passes; first pass seed, second pass mulch®
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Seeding can be accomplished using drilling techniques.
The final drilling pass must occur on the contour, to create subtle ridges perpendicular to the flow
of energy. Drill seeding should not be conducted in sensitive areas.
Appropriate native seeding equipment will be used,which does not include standard turf seeding equipment
or agriculture equipment. Drill seed the approved mix in two passes, each at a right angles to the other
and using half the seed in each pass. Seed should be drilled at the specified application rate and to a depth
of no greater than 1/2 inch. If areas are too wet or steep to drill seed, broadcast seed in opposite directions
at twice the application rate used for drill seeding. Restore fine grade after seeding, and cover seed to a
depth of 1/4 of an inch by raking or dragging. Firm seeded areas with a roller weighing a maximum of 100
lbs. per foot of width.
Woody plantings of trees and shrubs along Dry Creek and the fringe of Hickory Pond are also proposed to
provide structural diversity and meet restoration goals. Species to be used should be approved by a City
Environmental Planner. Woody plantings should be planted using industry Best Management Practices.
The following native trees are recommended for planting:
• Cottonwood (Populus deltoides). This species is present within portions of Dry Creek, except in
areas where non-native or noxious species such as Siberian elm and crack willow are present.
Cottonwood should be planted along Dry Creek where possible.
• Peachleaf willow (Salixamygdaloides). This species may be planted along Dry Creek and along the
fringe of Hickory Pond.
The following upland native shrubs are recommended for planting along the fringe of Hickory Pond or other
upland areas:
• Rubber Rabbitbrush (Ericameria nauseosa var. nauseosa)
• Winterfat (Krascheninnikovia Janata)
• Broom snakeweed (Gutierrezia sarothrae)
• Fourwing Saltbush (Atriplex canescens)
• Snowberry (Symphoricarpos occidentalis)
The following mesic to wetland native shrubs are recommended for planting within Hickory Pond or along
Dry Creek, where the water table may be high and surface water may be present after rain events:
• Redosier dogwood (Corpus sericea)
• Coyote willow (Salix exigua)
• Waterbirch (Betula occidentalis)
• Wild black currant (Ribes americanum)
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Plantings and/or plugs of wetland species is recommended in Hickory Pond or Dry Creek if inundation or
saturation precludes seeding. If necessary, these plantings should be concentrated in areas with high risk
of erosion to minimize the risk of soil loss. Planting should also be concentrated where favorable moisture
zones are likely to exist. Planting small plugs in the fall is not desirable due to the loss of plants to Canada
geese (Branta canadensis). Subsequent plantings are recommended after initial establishment and when
weeds are controlled (2-5 growing seasons after initial construction). These plantings can be concentrated
in areas needing additional erosion control protection and/or bare areas. Supplemental temporary irrigation
should be used to aid in establishing newly installed plant materials.
Step 4. Maintenance and Management
Maintenance and management activities should be implemented to ensure success of the ecological
restoration project. After seeding, the area shall be covered with crimped straw,jute mesh, or other
appropriate soil surface stabilization methods. Straw mulch should be certified weed-free hay or certified
weed-free straw with no seed heads. In the stormwater drainage area, natural fiber blankets are
recommended, as synthetic blankets can entangle reptiles and amphibians in aquatic habitats. Routine
inspections for erosion should be performed during the time between seeding and vegetation
establishment to assure no excessive erosion features form on the project area.
Restoration goals can be achieved without the use of supplemental water if planting plans correspond to
local climatic patterns for native seeding, late fall or early spring. However, temporary supplemental
irrigation is planned within the upland restoration areas in the NHBZ to ensure more reliable
establishment in a variety of potential climatic conditions. Temporary supplemental irrigation will be used
in a manner to provide no more than 150% of normal precipitation for the area (inclusive of
precipitation) and will be removed at least one growing season prior to measurement of the success
criteria presented in Section 4.4.
The Weed Management Plan (Cedar Creek 2024) provided for the site will be implemented to ensure that
weeds are properly managed before, during, and after seeding activities. Overall, the contractor shall
monitor seeded area for erosion control, germination, and reseeding as needed to establish cover.
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4.0 ANNUAL MONITORING PLAN
4.1 The applicant shall receive a "Substantial Completion Memorandum" followinci
implementation of this restoration plan, as described in the Development Agreement.
Once the applicant receives the"Substantial Completion Memorandum",the City of Fort
Collins Stormwater Department shall take over all responsibility for establishment,
warranty, and maintenance usinci the revecietation security account established by the
applicant for the purpose of NHBZ maintenance. Schedule
The NHBZ will be inspected at least three times per year and quantitative survey will occur once per year
on the following schedule:
1. In the spring (April), middle of summer (June), and fall (September) a qualified ecologist will
traverse the entirety of the site to assess overall performance of restoration, including noxious and
invasive weed populations prior to implementation of management strategies.This effort will result
in optimized and targeted weed control efforts and provide sufficient time to manage weeds prior
to seed production.
2. At the peak of growing season, a qualified ecologist will implement the quantitative procedure
described in section 4.2 to measure ground cover within the NHBZ. The ecologist will also traverse
the entirety of the site to identify potential problems or issues with restoration. During these
traverses,the observer will take note of areas of poor seedling emergence, indicators of soil fertility
problems, noxious weeds or invasive plant infestation, expectations for noxious weed
seeding/flowering,excessive erosion,and any other similar revegetation/restoration related issues
(if observed).
The consultant shall notify the City of Fort Collins Environmental Planning prior to each inspection. After
each inspection of the NHBZ, the consultant should email a brief narrative summarizing the findings of
the site visit and corresponding action items to City of Fort Collins Environmental Planning,the developer,
and the landscaping contractor.
A brief report containing survey findings and recommendations will be provided to the City by October
31st of each year. This will give the City of Fort Collins Environmental Planning and the applicant ample
time to discuss and implement adaptive management to address any underperforming areas prior to
when on-the-ground treatment implementation would be needed, if determined necessary.
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4.2 Permanent Photo-points
Eight permanent photo-points (marked with GPS coordinates) on the site will be established to visually
catalog vegetation progress, including, 4 along the Dry Creek riparian corridor, 2 within Hickory Pond, and
2 within surrounding upland grassland area. Photo-points should be determined in the field at a location
representative of the NHBZ area, each location marked with GPS coordinates, and each designated with a
number which will remain consistent throughout the 3-year monitoring period. Each photo-point should be
documented during the summer evaluation at the peak of the growing season, for each of the annual
monitoring efforts that will follow restoration. At each point, four photos will be collected, one each in a
cardinal compass direction (N-E-S-W), using a photo board that is visible in each frame to indicate the
photo-point number.
4.3 Samplinci Methodolociv
Cover sampling will be conducted at a minimum of 15 sample points in the reclaimed areas of the NHBZ to
assess progress towards standards. Ground cover at each sampling site is determined utilizing the point-
intercept method (Bonham 1989). Implementation of the technique for the sampling effort occurs as
follows: First,a transect of 10 meters length is extended from the starting point of each sample site toward
the direction of the next site to be sampled. Then, at each one-meter interval along the transect, a laser
point bar is situated vertically above the ground surface, and a set of 10 readings recorded as to hits on
vegetation (by species), litter, rock (greater than 2mm), or bare soil. Hits are determined at each meter
interval by activating a battery of 10 specialized lasers situated along the bar at 10-centimeter intervals
and recording the variable intercepted by each of the narrow (0.02 inch)focused beams (see Figure 1). In
this manner, a total of 100 intercepts per transect are recorded resulting in 1 percent cover per intercept.
4.4 Success Criteria
Total vegetative ground cover and diversity standards will be determined using a reference area approach,
where the reference areas are representative of the target vegetative community and are selected by the
City Environmental Planner. The total vegetative ground cover of the applicable reference area(s) will be
measured by the City annually at the end of the growing season (late summer to early fall) to the point of
demonstrating sample adequacy in order to provide an accurate level of vegetative cover reflective of local
climatic conditions, as described in detail in the link below. The reference areas should account for the
difference between areas of restoration and preservation.
https://www.fcgov.com/developmentreview/environmentalplanningresources
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The areas of the Development that are planned to be NHBZ mitigation areas shall be inspected jointly by
the Developer and the Environmental Planner at specified intervals for a minimum of three (3) growing
seasons or until determined by the Planner to be well established in accordance with the coverage
specifications of this paragraph, whichever occurs first. The NHBZ success criteria are as follows:
(1) The total vegetative ground cover contributed by all desirable plant species (excepting mature
trees) is equal to or greater than the desirable vegetative cover of the applicable reference area(s)
from that calendar year,
(2) No more than five percent(5%) of the species noted on the site may be weedy or noxious species
as defined by City Code Section §20-41 and Colorado Department of Agriculture's Noxious Weed List
as defined by the Colorado Noxious Weed Act §§35-5.5,
(3) The development site shall display no evidence of detrimental erosion due to rills, gullies or
excessive bare spots of ground,
(4) Survival rate of all planted shrubs and trees is equal to or greater than eighty percent (80%), and
(5)Any diversity standards applied according to the City Environmental Planner's discretion. Diversity
standards should be reflective of the reference area or target habitat conditions provided by the City.
by the City Environmental Planning Department and Utility Services Department.
The City Environmental Planning Department has the authority to deem revegetation established in lieu of
meeting success criteria, as well as withhold approval despite meeting success criteria, if they so choose.
If final stabilization is not achieved to the satisfaction of the agency, the developer and/or landscape
contractor shall be responsible for additional corrective measures to satisfy final vegetative requirements
for closeout.
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5.0 LITERATURE CITED AND DATA SOURCES
Cedar Creek Associates, Inc. 2024. Mason Street Development Weed Management Plan. January 2024.
__. 2023. 1311 North College Ecological Characterization Study. February 2023.
City of Fort Collins. 2021. Land Use Code. March 5, 2021.
2018. Stormwater Criteria Manual. December 2018.
2009. Landscape Design Standards and Guidelines for Stormwater and Detention Facilities.
November 2009.
U.S. Army Corps of Engineers. 2020. National Wetland Plant List— Great Plains Region.
http://rsgisias.crrel.usace.army.mil/NWPL/index.html
United States Forest Service (USFS). 1984. Brown, D.; Hallman, R.G. Reclaiming Disturbed Lands.
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EXHIBIT E
Mason Street adjacent to Lot 1 and Tract A Repayment
As Per the Development Agreement for Mason Street Infrastructure, City of Fort Collins,
Larimer County, Colorado.
The following are the cost estimates for constructing the local access portion of Mason
Street adjacent to Lot 1 and Tract A as described in Subsection I I.D.3 of the Development
Agreement.
These costs are based on analysis presented to the City by EPS Group/Northern
Engineering consulting firm, on January 9, 2025.
Eligible costs for reimbursement comprise the actual costs as submitted by the
Developer, based on actual Contractor Invoices as per the reimbursement procedure
described under Subparagraph I I.D.4.
The City reimbursed costs for the improvements described in Subsection II.D.3.b. shall
not exceed the maximum amount of $ 92,693.43, which amount shall be adjusted for
inflation as provided in this Development Agreement at Subparagraph II.D.5. This
Amount is the average of the City's cost estimate ($79,669.76) and the Developer's cost
estimate ($105,717.10).
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Developer Engineer's Cost Estimate:
E P S N
G P NORTHERN
Mason Street Infrastructure Date: 1/9/2025
Cost Estimate
Planning.Development,&Transportation Repay
Northern No.1971-001
Engineers Estimate
Item No. Item Description Unit Quantity Unit Cost Cost
Road Infrastructure
1 Roadway5ubgrad °antlsuilcepreparattt�n SY 804 $18.20 S14,632.80
2 FUIm5tf�8fidtlsIlfSiwfd�,NPtYdt51Cl7tbtd,gutter , ,. LF 464 $33.45 $15,520.80
r rm>sh antl(nrtell h of bftti trinoys�aVemen r d base� on;rjocial 'ads,-, i
3 AS,SS+nf5;6D(?;,Ctassz>xGAC,andl0 HSP SY 675 $59.44 $40,122.00
4 AshItR„ dVal""' .`` SY 1,942 $15.25 $35,441.50
SUBTOTAL $105,717.10
Total Cost
TOTAL COST
City Cost Estimate:
Cky.of
Mason Street Infrastructure Date 1;10 2025
Cost Estimate
Planning,Development,&Transportation Repay
Engineers Estimate
Item No, Item Description Unit Quantity Unit Cost Cost
Road Infrastructure
Roadwaysubgradeand,surfacepreparation-------- SY 804 $7,04 $5,660.16
2 furnls f andihstall;2.5"mode vertical curb and?guttor. LF 464 $30.86 $14,319.04
Fumishandanstall bot-bituminous.pavement and base courseon local roads
3 Assumesd"'CDOT.Class 5,or6-ABCan&4,, HBP, SY 675 $47,79 $32,256.57
4 Asphaltremoval",, SY 1,942 $14.13 $27,433.99
SUBTOTAL $79,669.76
Total Cost
TOTAL COST
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EXHIBIT F
Stormwater, Wastewater and Tract A Driveway Repayment
As Per the Development Agreement for Mason Street Infrastructure, City of Fort Collins,
Larimer County, Colorado.
The following cost estimates for "FDP Hickory Pond" improvements, "Storm System B"
improvements, "Mason Street Wastewater Main" improvements, and the driveway on
Tract A constitute costs associated with major storm system improvements and major
wastewater system improvements that are eligible for repay to the Developer. These are
in accordance with the reimbursement procedure described under Subparagraphs II.M.
of this Agreement.
These costs are based on analysis presented to the City by EPS Group/Northern
Engineering consulting firm, on February 5, 2025, and finalized on March 17, 2025.
Eligible costs comprise the actual costs as submitted by the Developer as per the
reimbursement procedure under Subparagraphs II.M. of this Agreement.
The City reimbursed costs for these constructed improvements shall not exceed the
maximum amount of $431,522.31 as detailed and listed below, which amount shall be
adjusted for inflation as provided in this Development Agreement at Subparagraph II.M.2.
This Amount is the average of the City's cost estimate ($501,295.00) and the Developer's
cost estimate ($361,749.58) for construction costs.
Professional Design Costs and Construction Services Repayment are in addition to the
maximum amount above and may be reimbursed as set forth below.
Professional Design Costs and Construction Services Repayment
As Per the Development Agreement for Mason Street Infrastructure, City of Fort Collins,
Larimer County, Colorado.
The following cost estimates for "Professional Design Costs and Construction Services",
related to the Mason Street Wastewater Main and Mason Storm System B improvements,
constitute costs associated with major storm system improvements and major sewer
system improvements that are eligible for repay to the Developer in accordance with the
reimbursement procedure described under Subparagraphs II.M. of this Agreement.
These costs are based on analysis presented to the City by EPS Group/Northern
Engineering consulting firm, on February 5, 2025, and finalized on March 17, 2025.
Eligible costs comprise the actual costs as submitted by the Developer as per the
reimbursement procedure under Subparagraphs II.M. of this Agreement.
4-4-2025 FINAL 64
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The City reimbursed costs for "Professional Design Costs and Construction Services"
shall not exceed the maximum amount of$39,948.54 as detailed and listed below. These
costs may not be adjusted for inflation.
4-4-2025 FINAL 65
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Exhibit F Cost Summary and City Repay Estimate
y f
FCltrto Collins
Mason Street Infrastructure nrw25
Cost Estimate
City of Fort Collins Utilities Department
Northern N.1971-001
Eo rs Es Cit Deve
loper Est
cart mcdn� t a Meas<��e 1 d F vn em
Item N,, Item Desrnptar Unt DuantR Cast Can't Awrag. ocs JtSou
Road Infrastructure
e
e<t
$2e 1 ., ^ i sv 275 S'.4 sD3
,:zz .......................................................... w �<:�o�n9 .,ton:.�ta4o
,. $15000z SV 0.n:on.
SUBTOTAL $43.600 $73.109.1$ $58.65d 88 es s c.,>e ruuoe4 ntn
Sanitary Sewer Infrastructure rF es
2 ccered to-sttg sarH Ina EA 1 $8 Wo rbc
i led net MIr LF'
3 "j! ace 8'to 12'SDR 35 NO SaM a—roam LF 3Q S14,080 O,Fi
zA Fureoh mid install W SUR 35 PVC cardarysawar mlam LF
FurnshmdaAWI12'SDRS6PVC.okaiy— toll-01 Jot 12,E D—oP-
4 [Haar LF 452 - $122040 ras0ons _F ofb N.Man_
DarebDer srespo�s Lre'or tat
s G s aspw si6k for ramarder of
S Fumsl,and-too 48"t5ametermarYpk: '. EA 1 SN d00 ade
6 Former,and install SD"dameter roaral 2 S20000
SUBTOTAL $112,520 S68.031.13 $1202]55]
Storm Infrastructure
-k.ry Pond Infrastructure
Z Funiartatd taialr' ntMWf EA 2 $F Wo
dudes .aalo o r d Odra nos>>acUa n
9 FMntsl,amd L~T PNC' LF 1.008 $ir4 ago ut moons
v Ftafti#h Vied
Y.9tti08'YA'C, ckaitaik .'°.,;:` EA y r:! SQ coo
10 Fita@kd a#ra)alf'fAbk ,. ,.^. ,.;:".,. SV 411 c.<> 510.NtS
SUBTOTAL $76,175 S.3G 03 $)0.26202
Storm Dr—S stem B Infrastructure
11 FAVOhood V1AWr15'47PSMmn DoWd LF 2 S11`20
12 Farnaftand hotel 10rHP Ao=Vcxn LF 21 $2520
13 Farago,nd legal 24'14P^aS1dM01;;W LF 58 510 A40
-------------------------------------------
14 F tagllyand rsiralf10'?9RSWyu Dt* ,^ LF $80 52)
FflmSltamfmFWf i,^R�'PB reti„eFldseclrcin
EA 1 ."„io S3W0
Fer�raltatd errlaRS4Y,i4CF*�aneOaN,,,s9UKty, ,^
t0 w+titNPto RCk'r EA S5 Wo
IP Piraialand snow lfdiec ate eae tWC EA I S50(100
16 Futea,a*ideal BA 2 '<nn $24 W.
c
20 P1hf4^Jt irstall& RlNtla EA S8000
21l , EA 114.WO
SaUBTtOaTALa $2090o $155.659.fi] $182,32984
Construction Cost Subtotal $'SQt.295.06 $3674,7$8 S43i,522.3T This is the repay negatiatfon cast.
General Cost
',Ergineenrg and Design Related to Storm B and Sewer
22 Main LS 1 S+F'SLW $39.15200 S24.n1%? 10%of construct an cost for tneso toms Lum Sum
'='Gonsfructon Monagement Costs-Related to Storm B Per Hours'Billed"by developer's
2.3 and�e-r Main L.S 1 u 11 np S9 888 00 $,4 b08.00 $5.688 00 '.56 Hours of Crs at 1173 Der hour wain cton...la ger.
c
SUBTOTAL S41.840.00 $32.05'l.OB $39.94854
TotefCott
TOTAL COST $549.135.001 $393,806.66 r $Z11,470.85
Notes:
11 Deveoper rs responsible far pace cost of 3"..Mary surer adl....t to lr,,e ty.Ti,,Ciftyi.responsible for the cost
difference bc—c,an 8"and 12"sewer main.
21 Design related ca.t..City will pay 10a f corrstructan Lest related to St—S,I,,,B Infrastructure a d 4aitary Sewer
11—Tn s cast may rot be inflated.
31 D,rect construct o,ma,agement costs.C ty,�ll pay$9 088 of co,siruu an cost related to St—Dra,System B
Inf'—,,n f—and Sanitary Sewer IMrastructure.This cost may not be bfl,—The cost was calcualtetl—N a 61linq rate of
S1131rours. Equ,tion trsed.Cast=(days x(hotm/day)v billing rate)
4-4-2025 FINAL 66
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Exhibit F Developer Repay Estimate
4(*,4r I P S N,
p NORTHERNc
Mason Street Infrastructure Date: 2/5/2025
Cost Estimate
City of Fort Collins Utilities Department
Northern No.1971-001
Engineers Estimate
Item No. Item Description Unit Quantity Unit Cost Cost
Road Infrastructure
Asphalt"""nemi replace,vlln 1 sarptary sewer r)stallatrbn
1 Assumes,,; 'full depth asphalt."" SY 275 S213.49 $58,709.75
2 Fujrh s and 6 t�h O�rai Ax�e�s,f pad ;;;`;,.,,. SY 160 $93.75 $15,000.00
SUBTOTAL $73,709.75
Sanitary Sewer Infrastructure
3 Connect to existing sanitary line EA 1 S3,453.00 $3,453.00
4 ("Upsize 8"to 12'SRR 35 PVC sanitary sewer main LF 352 $15.54 $5,470.08
4A Furnish and install 8'iSDR PVC sanitary sewer main LF 0 $0.00 30.00
5 Furnish and install 1Z'SDR 35 PVC sanitary sewer main. LF 452 $80.02 $36,169.04
6 Furnish and ihstall4&'diameter manhole EA 1 S7,454.11 $7,454.11
7 Furnish and install 60'diameter manhole EA 2 S7,742.45 $15,484.90
SUBTOTAL $68,031.13
Storm Infrastructure
Hickory Pond Infrastructure
8 Fumis�"a)dtnstell rounciyvsnter"h1"It EA 2 S5,650.00 $11,300.00
9 Furnish ai installi"sft�ttad t-1[YPE pap:"" LF 1,088 $35.03 $38,112.64
10 Furnisha iinsta115"HD'Euj}0Ordr�tindl�nput'°---,., EA 7 S1,185.47 $8,298.29
11 Furnish Arid install"TiVla #' rmanlf eiasiranrortfrfaltb1ar kef"""" SY 435 $15.26 $6,638.10
SUBTOTAL $64,349.03
Storm Drain S stem B Infrastructure
12 l5wrrliM,and install 15 HP Stprm Oraill LF 96 $83.71 $8,036.16
-- LF 21 5113.78 $2,389.3813 Furnishdhd install 1$ HPStmrm3Yila '1111
14 Furnish dhdinsta1124HPStmrm3rail LF 58 S116.46 $6,754.68
15
LF 366 S148.27 $54,266.82
Furnish`°altdistai11,1, RCPflredend"5ectiah ""`
16 wthHp to RP1(�afnecCenjer EA 1 52,504.42 $2,504.42
Fu nishatd 1 t 11 0" RGPrtlar d end septita)1,.,,.,,.
179thHP#mfttClSldrmacoupl r " -- EA 1 53,805.19 $3,805.19
18 Furnishapdtnstall60"dfameteYm�snhtsj EA 5 56,892.71 $34,463.55
19 Fumisif,a>idtr�st�ll`7�'�ltfti`i5et�rm�nfrole,,,
EA 2 S8,726.99 $17,453.98
20 Furnish azi installs Tyke(�In1ct EA 1 S8,866.57 $8,866.57
21 Furnrsfl,anirnsta"YI,F' 5n1e,""Carb,(r11et - EA 2 $8,559.46 $17,118.92
SUBTOTAL $155,659.67
TOTALI $361,749.58
General Cost
22 "'Engineering and Design Related to Storm B and Sewer Main LS 1 S22,369.08 $22,369.08
23 (')Construction Management Costs-Related to Storm B and Sewer Main LS 1 S9,688.00 $9,688.00
SUBTOTAL $32,057.08
Total Cost
TOTAL COST
Notes:
1)Developer is responsible for base cost of 8"sanitary sewer adjacent to property.The City is responsible for the cost difference between an 8"and 12"sewer main.
2)Design related costs.City will pay 10%of construction cost related to Storm System B Infrastructure and Sanitary Sewer Main.This cost may not be inflated.
3)Direct construction management costs.City will pay$9,688 of construction cost related to Storm Drain System B Infrastructure and Sanitary Sewer Infrastructure.
This cost may not be inflated.The cost was calcualted using a billing rate of S173 hours. Equation used:Cost=(days x
(hour/day)x billing rate)
4-4-2025 FINAL 67
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Exhibit F Repay Diagram
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a X� ADDITIONAL BENEFITS EXHIBIT � ENGINEERING
UTILITY RESPONSIBILITY
4-4-2025 FINAL 68
RECEPTION#20250014620, 4/9/2025 9:13:23 AM,68 of 72,$368.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
EXHIBIT G
City Expectations of Developer for Substantial Completion and Initial Acceptance
of FDP Hickory Pond:
1. Completion of all civil construction, as shown on the approved Utility Plans. This
includes City acceptance of the Site Drainage Certification for FDP Hickory Pond.
2. Completion of all Erosion Control requirements, as shown on the approved Utility
Plans and in the Stormwater Management Plan report. This will include final
mulching, straw crimping, and any erosion control blankets as necessary.
3. Completion of soil loosing and soil amendment requirements for all disturbed areas
on Lot 1. The soil amendment and soil preparation must be inspected by City
before proceeding to seeding, per the requirements of the Adaptive Management
and Restoration Plan, the Landscape Plan, and the Stormwater Management Plan.
4. Stockpiling of existing topsoil should be evaluated by the Developer and
coordinated with City inspection staff before earth grading activities begin.
5. Completion of all revegetation and landscaping shown on the approved Site Plan
and Landscape Plans. This shall include installation of all vegetation and initial
seeding. Specific details include:
a. The initial seeding must be completed at the appropriate time window,
November to May, as specific on the Landscape Plans, including all
appropriate inspections. Seeding outside of this time window will not be
accepted.
b. The Developer shall drill seed Lot 1, hydroseeding will not be accepted.
Prior to seeding an Environmental Planning inspector needs to confirm
proper seed bed preparation and Seed mix details are appropriate.
c. Tree planting shall occur between March to June or between October to
November, with proper inspections by City Forestry Staff(the "Tree Planting
Seasons").
6. Installation and testing of the FDP Hickory Pond irrigation system shown on the
approved Irrigation Plans.
7. The Developer shall use City approved contractors for landscaping, restoration,
and vegetation work on Lot 1.
4-4-2025 FINAL 69
RECEPTION#20250014620, 4/9/2025 9:13:23 AM,69 of 72,$368.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
8. All requirements of the Adaptive Management and Restoration Plan shall be
followed by the Developer.
9. The Developer shall keep the site in compliance with the State Stormwater Permit
and City Erosion Control Permit.
10.All other items shown on or required by the Final Development Plan Documents
and the Development Agreement for the construction and completion of the
Developer's work on Lot 1.
FDP Hickory Pond Revegetation Work to be Performed by City and Funded by
Developer:
The Revegetation Security Deposit, which includes a 15% contingency, is calculated
based on the activities documented in the vegetation warranty and revegetation
maintenance budget included in this Exhibit G. These activities are assumed to be
necessary to complete the revegetation of Lot 1 for 3 growing seasons or until
establishment, whichever occurs first.
Security Deposit:
The City may begin withdrawals from the Revegetation Security Deposit after Substantial
Completion of the FDP Hickory Pond. This will continue for (a) 3 growing seasons or (b)
when the FDP Hickory Pond vegetation meets establishment criteria for both NHBZ and
non-NHBZ areas, whichever occurs first.
4-4-2025 FINAL 70
RECEPTION#20250014620, 4/9/2025 9:13:23 AM,70 of 72,$368.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
Vegetation Warranty and Revegetation Maintenance Budget
,...Oty of ..... ..... ..... ..... ..... Hickory Pond-Escrow Caleuiatron ..... ..... .....
Fort Collins
b`egetaton Warranty&Revegetatlon Maintenance
The alrpose oft.', r.:<t,te 're tl�e ,o3-to e._corst ,,.,_.re asset-to r^erka ._oato.cir ws arty on the Hickory pond
parcel.
Ct
EROSION CONTROL $ 66,701.80
0slial,truc-use BP4 must be ma r-ed untili site nacho,final
abh,hm,.en:f7C° eg FeP:•ace. I aurba: n.Yearll•ba,l,
Outlet Protection 3 EA S 450.00 $ 1,350.00 As
—e 3 rap by contractor
',. s%-eaR cation.o`Hyd muulcn and Tacktf r Based on AloTerra'.
race, d discps o. Developer uest.Fodow 4-ese-irg from G•a,s
Hydromulching and T-Hier f aid
septic,`
(or Mulching and C,mped Straw) Prices range from 53622 S33K
3.9 AC $ 3,622.00 $ 14,125.80 Accept Ceveloper proposed 53622
e spot repo :/4 atre 6 t mes.By contracto,Estimate.6 tr Rs at
Spat Repair o`Erosion 6 EA $ 5,000.00 $ 30,000.00 SSkuea,,
S350 ber yea,.S 75 SO to thi;number ar ritul appl pawn`eel P'or on at
east 3 yearsure,1l>0.
T pf Lat. a permit to City.C loner mutt stll I
State Stid,n er Permlt(COR400000) 3 EA $350.00 $ 1,225.00 nrairtam
State S14fAP on he1 bfthe develop, n..It,
'.. Reduce to"0k.a d ^ ,va11 AloTe rr Ire re s ik a A,aria, I.
SWMP Administrative 3 YR. $6,667.00 $ 20,001.00 i�, nr;between NMP atlmina.d.heAdaptive f 4anagemert Plan
..... ..... ..... ..... i
LANDSCAPE REPLACEMENT......... $ 10,286.00
Trees warranty..... 20........ EA $... 500.00 IX o.tree.ar .y,.an:ferec to tre Chy T S,boam,,rompet,n
Cev'eloner and their cantzaa.,hale ro urthe,abl,g,t,,r,.
'..., E ma:ir.:g fa,50. arf i,ton;e .lie.AaePt h G e P s51G 2S6',..
'..Trees-replacement(labor) 8 EA S 225.00
Shrubs-warranty 49 -A $ 50.45
GRASS MAINTENANCE $ 39,448.50
'.. Eased on AoTer-a re.lew and disc Ion«Develop •equest.Aswme '..
5G*':re xeding fr.--Years I_3
.. T•*aunitp,,c a srigh,.ertra P u,estim S10,:15/ac
Th lu...ompo,amendmen:,hosted harrc•.r.and '..
(Native Seed-Warranty and Repair 33 AC $ 10,115.00 $ 39,448.50 mHn ,neceser,
WEED MANAGEMENT $ 40,000.00..
3/13 Reviewed quotes€ram L3 E Back 40,and A—allo.f mfortanle at
$40k here.'.Vice range pf coA e;.ima:es.
'heed Mare ern. ,he man im ' em it in t, t '..,.
Weed Treatment-Post-Construction 7.8 AC $ 40,000.00 - t r d-ors or 3 treatments ber year,to,the 3 years
MONITORING AND REPORTING $ 24, ,00...
3 per Year,to,31 _As reguired by Plans and CA
f g merit cot-It Toprovitl the City with a breif report from each
p neon.? tire City with ar,a—al f evom and recommendatpns
e hCC'oder,VCcvers nspecton grass or full parcel, '..
3 13 Alatesra s re h.igh'*e-e Think they pull trim some Also
N�'.d bt Comfof bl vrith Cedar C, [fan wRh them
e,11 Comfonab 24f.,leave ,ty me options.
',. A.cTe^a'
Csr estimate for Vru wouc be 523.665 for a 3 year comet tment to
ad Rtve management,wit Kh would mc use 3 ,sns ayear I.Pf and
Adaptive Management Plan,Site lnspectiors(3,per - rtatior.a al A MP,:hh ee 2-page update:p s pe-year,one
year),M o nitoung,an d Reporting for 3 years 3 YR. $ 24,(g0.00 a ualeepor.per year).
IRRIGATION- $ 10,800'Do
SP-ing and Fzll for3lear,tl contana=.P',.w1,,p,-.midyear. ',..
Ch cked with one [,snot that'Id Pa uses,a�g of S1200/daY
Temp Irrigation System Maintenance 9 EA $ 1,200.00'i$ 101
.00 Assume 3 says/year@S12o0 earn_
......... ......... ......... ......... ......... .........SUBTOTAL $ 191,236.30....-. ......... ......... ......... .........
CONTINGENCY $ 28,685.45 15%of Subtotal
TOTAL ESCROW $ 220,000.00 Ro rid up to-ols"t$-'COO
IRRIGATE-Lot 1(City)from Lot 2(FCRM)Irrigation Service for 3-years(Option D) $0.00
4-4-2025 FINAL 71
RECEPTION#20250014620, 4/9/2025 9:13:23 AM,71 of 72,$368.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
Figure 1 - FDP Hickory Pond, Lot 1:
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4-4-2025 FINAL 72
RECEPTION#20250014620, 4/9/2025 9:13:23 AM,72 of 72,$368.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
Figure 2 —Warranty Map —Water Utilities.
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4-4-2025 FINAL 73