HomeMy WebLinkAboutFort Collins Rescue Mission - Filed DA-DEVELOPMENT AGREEMENT - RECEPTION#20250032473, 7/17/2025 10:51:28 AM,1 of 34,$43.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DEVELOPMENT AGREEMENT AMONG THE CITY OF FORT COLLINS AND THE
DENVER RESCUE MISSION D/B/A FORT COLLINS RESCUE MISSION, INC. 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 among the CITY OF FORT COLLINS,
COLORADO, a Municipal Corporation, hereinafter referred to as the "City;" and THE
DENVER RESCUE MISSION, a Colorado Nonprofit Corporation, doing business as
FORT COLLINS RESCUE MISSION, INC., hereinafter referred to as the "Developer;"
and N College 1311, LLC, a Colorado limited liability company, hereinafter referred to as
the "Owner."
WITNESSETH:
WHEREAS, the Developer has entered into a long-term lease with the Owner
regarding certain real property situated in the County of Larimer, State of Colorado,
(hereafter sometimes referred to as the "Property" or, in context with the proposed
improvements, as the "Development") and legally described as follows:
Lot 2, 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 City and the Owner entered into a development agreement (the
"Infrastructure DA") on April 8, 2025; and
WHEREAS, the Infrastructure DA was recorded at the office of the Larimer County
Clerk and Recorder, Reception No. 20250014620; and
WHEREAS, this Agreement is intended to supplement the Infrastructure DA with
respect to the Property and govern Development thereon, and in the event of any conflict
between this Agreement and the Infrastructure DA, the Infrastructure DA shall control;
and
WHEREAS, the Development is known to the City as Fort Collins Rescue Mission,
ID# FDP230022; 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
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requirements master list (the "Final Development Plan Documents") copies of which are
on file in the office of the City Engineer and made a part hereof by reference; and
WHEREAS, the parties hereto have agreed that the development of the Property
will require increased municipal services from the City to serve such area and will further
require the installation of certain improvements primarily of benefit to the Property and
not to the City of Fort Collins as a whole; and
WHEREAS, the City has approved the Final Development Plan Documents
submitted by the Developer, subject to certain requirements and conditions, which involve
the installation of and construction of utilities and other municipal improvements in
connection with the development of the Property.
NOW, THEREFORE, in consideration of the promises of the parties hereto and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, it is agreed as follows:
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. The term "City Code"
used herein shall mean the "Code of the City of Fort Collins."
C. The terms of this Agreement shall govern all development activities of the
Developer pertaining to the Property. For the purposes of this Agreement, "development
activities" shall include, but not be limited to, the following: (1) the actual construction of
private improvements, (2) obtaining a permit therefor, or(3) any change in grade, contour,
use or appearance of the Property caused by, or on behalf of, the Developer with the
intent to construct improvements thereon.
D. Except as otherwise herein specifically agreed, all 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
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of the utility plans relating to the specific utility, subject to a three year time limitation from
the date of approval of the Final Development Plan Documents. 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 City and the Owner coordinate and adopt a phasing
plan for conditions are met under Subsection I.E. of the Infrastructure DA that address
the timing and sequencing of building permit issuance the public water lines and stubs to
the Property, fire hydrants, electrical lines, sanitary sewer lines and stubs to the Property,
and public streets (including curb, gutter, sidewalk, and pavement with at least the base
course completed) serving such structure. 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.
F. Any water lines, sanitary sewer lines, storm drainage lines, electrical lines,
or streets described on Exhibit A, attached hereto and incorporated herein by reference,
shall be installed within the time or sequence provided in the body of this Agreement and
required 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 by the Developer within the time as established under
"Special Conditions" in this Agreement.
G. The installation of all utilities shown on the Final Development Plan
Documents shall be inspected by the Engineering Department of the City and shall be
subject to such department's approval. The Developer agrees to correct any deficiencies
in such installations in order to meet the requirements of the plans and specifications
applicable to the installation. In case of conflict, the Final Development Plan Documents
shall supersede the standard specifications, except that if the conflicts are a result of
Federal or State mandated requirements, then the Federal or State mandated
requirements shall prevail.
H. Unless authorized by the City in writing and pursuant to law, the public right-
of-way shall not be used for staging or storage of materials, equipment, or construction
debris ("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 parking needs associated with the
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completion of the Development. Information on the location(s) of these areas shall be
provided to the City as a part of the Development Construction Permit application.
I. The two raingardens depicted on the Developers Final Development Plan
Documents, more particularly described as All Low Impact Drainage storm drainage
facilities for this Development as provided 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 Property (and other lands as may
be required, if any). The Developer shall meet or exceed the minimum requirements for
storm drainage facilities as have been established by the City's Drainage Master Plans
and Design Criteria. The Developer, for itself and its successor(s) in interest, does hereby
indemnify and hold harmless the City from any and all claims that might arise, directly or
indirectly, as a result of the discharge of injurious storm drainage or seepage waters from
the Property in a manner or quantity different from that which was historically discharged
and caused by the design or construction of the storm drainage facilities, except for (1)
claims and damages as are caused by the acts or omissions of the City in maintenance
of facilities that have been accepted by the City for maintenance; (2) errors, if any, in the
general concept of the City's master plans (but not to include any details of such plans,
which details shall be the responsibility of the Developer); and (3) specific written or
otherwise documented directives that may be given to the Developer by the City. No
language in this Subsection shall be construed or interpreted as establishing in any way
the City's liability for any act or omission and the terms of this Subsection solely relate to
the Developer's obligation to indemnify and hold harmless the City. The City agrees to
give notice to the Developer of any claim made against it to which this indemnity and hold
harmless agreement by the Developer could apply, and the Developer shall have the right
to defend any lawsuit based on such claim and to settle any such claim provided
Developer must obtain a complete discharge of all City liability through such settlement.
Failure of the City to give notice of any the 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. Approval of and acceptance
by the City of any storm drainage facility design or construction shall in no manner be
deemed to constitute a waiver or relinquishment by the City of the aforesaid
indemnification. The Developer shall engage a Colorado licensed professional engineer
to design the storm drainage facilities as aforesaid and it is expressly affirmed hereby that
such engagement shall be intended for the benefit of the City, and subsequent purchasers
of property in the Development.
J. The Developer shall 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.
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K. The Developer specifically represents that to the best of its current and
actual knowledge without further investigation or inquiry 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 to the best of its current and actual knowledge without
further investigation or inquiry that such property as is dedicated to the City pursuant to
this Development, is in compliance with all such requirements pertaining to the disposal
or existence in or on such dedicated property of any hazardous substances, pollutants or
contaminants, as defined by the Comprehensive Environmental Response
Compensation and Liability Act of 1980, as amended, and regulations promulgated
thereunder. The Developer, for itself and its successor(s) in interest, does hereby
indemnify and hold harmless the City from any liability whatsoever that may be imposed
upon the City by any governmental authority or any third party, pertaining to the disposal
of hazardous substances, pollutants or contaminants, and cleanup necessitated by
leaking underground storage tanks, excavation and/or backfill of hazardous substances,
pollutants or contaminants, or environmental cleanup responsibilities of any nature
whatsoever on, of, or related to any property dedicated to the City in connection with this
Development. This indemnity and hold harmless agreement applies to such 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. This
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 and the Owner 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 and the Owner 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 against the City but shall not constitute a release
of this indemnity and hold harmless agreement as to any claim against the Owner.
L. If the Developer or contractor or any agent or representative thereof causes
damage to any public infrastructure (including without limitation, any surface pavers,
flagstones, or other stone or concrete surfaces, planters, street and decorative lights, or
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canopies) such damage shall be promptly repaired with the same kind, quality, color,
serviceability and material composition aspects as was possessed by the infrastructure
damaged, unless otherwise expressly agreed to by the City in writing.
M. 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.
N. A determination of adequacy for the supply of potable and non-potable
water, where applicable, has been found by the City based on evidence and information
provided by the Developer and the water service provider, as required by the Land Use
Code. Any change in the water supply or demand (i.e., changes in land use or
landscaping) may be subject to revision of that finding, and a review of the water supply
requirements by the water service provider.
O. Landscaping watering and maintenance in public right-of-way shall be the
responsibility of the Developer.
II. Special Conditions
A. Water Lines
Not Applicable
B. Sewer Lines
Not Applicable
C. Storm Drainage Line B of the Fort Collins Rescue Mission Utility Plans and
Appurtenances
1. The Developer agrees to provide and maintain erosion and sediment
control improvements as shown on the Final Development Plan Documents until all
disturbed areas in and adjacent to this Development's construction activities are
stabilized. The Developer shall also be required to post a security deposit in the amount
shown in the Final Development Plan Documents 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
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Documents. Said security deposit(s) shall be made in accordance with the criteria set
forth in the Stormwater Criteria Manual referenced at City Code § 26-500 and in the Dust
Prevention and Control Manual referenced in City Code § 12-152, hereinafter the
Stormwater Criteria Manual and the Dust Prevention and Control Manual shall be
collectively referred to as the "Criteria." When said security deposit(s) is a letter of credit
or a bond the Developer shall replace the security no later than 30 days before its
expiration date. If the security posted by the Developer is a Letter of Credit, and such
letter has not been replaced or renewed within 30 days of its expiration date, the City may
elect to draw and hold the funds as it sees fit. The City shall have the option in any case
to also withhold building permits and certificates of occupancy, as stated in Subsection
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 Subsection III.J to the
contrary, the City may enter upon the Property for the purpose of making such
improvements and undertaking such activities as may be necessary to ensure that the
provisions of said plans and the Criteria are properly enforced. The City may apply such
portion of the security deposit(s) as may be necessary to pay all costs incurred by the
City in undertaking the administration, construction, and/or installation of the erosion
control measures required by the Final Development Plan Documents and the Criteria. In
addition, the City shall have the option to withhold building permits and certificates of
occupancy, as stated in Subsection 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"), City Code § 26-498, Water Quality Control, and City
Code § 12-153, Prevention of Fugitive Dust Emissions. 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, City Code § 26-498,
Water Quality Control, and City Code § 12-153, Prevention of Fugitive Dust
Emissions. Failure to correct any violation shall prevent the Developer from building in
any future phases until fully corrected. Upon stabilization of the disturbed areas, and upon
the request of the Developer, the City will confirm that the Property is stabilized from
potential erosion and sediment discharges and fugitive dust emissions from construction
activities and that all temporary erosion and sediment and dust control measures used by
the Developer are removed. In confirmation by the City that the Property is stabilized, any
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remaining portions of the security deposit that is associated with the adequate
maintenance of erosion and sediment control improvements shall be returned.
2. All on-site and off-site storm drainage improvements (which consists
of the outfall pipe(s) for the rain gardens) associated with this Development, as shown on
the Final Development Plan Documents, shall be completed by the Developer in
accordance with the Final Development Plan Documents before the issuance any
certificate of occupancy. Completion of improvements shall include the certification by a
Colorado licensed professional engineer that the drainage facilities which serve this
Development have been constructed in conformance with the Final Development Plan
Documents. Said certification shall be submitted to the City for review and acceptance at
least two weeks before the issuance of any certificate of occupancy in this Development.
3. For private permanent water quality improvements located on private
property associated with this Development (the "Private Water Quality Improvements"),
on-site inspection by a City Inspector is required to verify the proper installation of such
improvements at different stages of construction as specified in the "Overall Site and
Drainage Certification"form. In the event of non-compliance, the City Inspector shall have
the option to withhold building permits, certificates of occupancy, or both. 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 to ensure that the
Developer or its successor(s) in interest properly installs and maintains the Private Water
Quality Improvements as specified in the Final Development Plan Documents.
4. The Developer or its successor(s) in interest shall be responsible for
maintaining the structural integrity and operational function of all drainage facilities related
to the two rain gardens on site which are constructed as part of this Development as
shown in the Final Development Plan Documents. These drainage facilities and features
must be maintained in their original operational integrity throughout the build-out of this
Development, following the completion of the construction of said facilities and features,
and after acceptance of said facilities and features as certified to the City. If at any time
following construction and certification (as required pursuant to Subsection II.C.2. above)
or during the construction of additional structures or lots within this Development, the City
determines that said drainage facilities and features no longer comply with the Final
Development Plan Documents, the City may give written notice to the Developer of all
items that do not comply with the Final Development Plan Documents and request the
restoration of the drainage facilities and features back to the function, standards and
specifications designed and specified in the Final Development Plan Documents. Failure
to maintain the structural integrity and operational function of said drainage facilities and
features following certification will result in the withholding of the issuance of additional
building permits, certificates of occupancy, or both, 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
or this Agreement until said drainage facilities and water quality features are repaired and
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restored to the physical characteristics, operational function and structural integrity
originally specified in the Final Development Plan Documents approved by the City for
this Development.
5. Lot 2 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 lot or building the Developer shall provide the City with certification
that the lot and/or the building has been graded in compliance with the Final Development
Plan Documents. This grading certification shall:
a. Demonstrate that the lot or 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 before 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 or storm drainage facility
configuration that occur as a result of the construction of buildings or development of lots,
whether by the Developer or others. The City reserves the right to withhold the issuance
of building permits and certificates of occupancy for this Development until the City has
deemed such changes as being acceptable for the safe and efficient delivery of storm
drainage water.
7. The Developer shall limit the construction of the off-site storm
drainage improvements to the limits of construction as shown on the Final Development
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Plan Documents. The Developer shall re-seed and restore all areas that are disturbed
during construction of the off-site storm drainage improvements in accordance with the
Final Development Plan Documents promptly following construction. The Developer shall
ensure that no negative impact occurs to the adjoining properties during the construction
of these facilities. No grading shall be done outside of the approved areas as shown on
the Final Development Plan Documents.
8. Developer's drainage design for this Development includes
evacuation of storm drainage runoff through bioretention facilities and into the drainage
outfall system in a reasonable amount of time. The bioretention facilities have been
designed to discharge stormwater runoff from frequent storms over a 12-hour period.
Under the intended operation of the bioretention facilities, there will not be standing water
in the facility more than 24 hours after the end of a rainfall event. If after construction and
acceptance of the bioretention facility associated with this Development, surfacing or
standing water conditions persist in this facility; and if such conditions are beyond what
can be expected in accordance with the approved stormwater design, the Developer shall
promptly, upon such discovery, take appropriate action in order to return or modify
(subject to City's approval of any such modification) the facility to function in accordance
with the designed operation in accordance with the Final Development Plan Documents.
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. No street oversizing reimbursement from the City is due the
Developer for this Development.
2. As identified in Article III, Chapter 23 of City Code ("Encroachments")
no encroachments or obstructions are allowed within the public rights-of-way without a
permit ("Encroachment Permit"). The Developer understands and acknowledges that if
the Final Development Plan Documents now or in the future, through an amendment
process, include any encroachments or obstructions in the public rights-of-way the
Developer shall apply for, meet any requirements or conditions, and obtain an approved
Encroachment Permit before the installation of the encroach ment(s).
a. All requirements and conditions as identified on the
Encroachment Permit and identified as Encroachments shall
be met and maintained both before and after issuance of the
Encroachment Permit. The Encroachment Permit, which is
non-transferable, is issued to the Property owner or to the
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lessee of the Property(with the Property owner's consent)that
the encroachment is adjacent to or benefits and the Developer
understands that at such time as ownership of that parcel
changes or a new lessee exists (as applicable) a new
encroachment permit will need to be applied for and new
liability insurance will need to be provided by the Property
owner or lessee. The permit is revocable pursuant to Chapter
23 of City Code.
b. 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.
C. 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.
d. 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.
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3. Notwithstanding any provision herein to the contrary, the Developer
shall be responsible for all costs for the initial installation of traffic signing and striping for
this Development, including related to the Developer's internal street operations and of
any adjacent or adjoining local, collector or arterial streets that is made necessary
because of the Development. But in no event shall the Developer be responsible for those
aforementioned items or costs contained in the N. College 1311, LLC Development
Agreement.
4. Following completion of all public infrastructure improvements, the
Developer shall continue to have responsibility for maintenance and repair of said
improvements in accordance with the Land Use Code.
E. Natural Resources
The Developer shall delineate the Development's property boundary
adjacent to all Limits of Development as defined by Land Use Code Sections 5.1.2 and
§3.4.1(E)(1)(c), including boundaries around existing trees that are to be undisturbed,
with orange construction fence prior to any type of construction, including overlot 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. 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 before planting any trees the Developer shall: (a) allow City
Forestry Division staff to inspect the proposed planting sites to review compliance with
the Final Development Plan Documents and applicable regulations; and (b) 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. Existing and new street trees must continue to be watered at a
minimum of forty gallons per week during all construction activities to maintain current
tree condition in temperatures above forty degrees Fahrenheit using irrigation or hauled
water sources. If street trees are damaged or die due to lack of water during construction
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activities, the Developer will be charged the value of the trees as per appraisal by City
Forestry Division Staff.
3. All tree pruning and removal on the Property must be done by an
arborist licensed by the City and the name of such arborist shall be provided to the City
Forestry Division prior to any pruning or removal commencing. A list of licensed arborists
is maintained by the City Forestry Division and is available upon request or at
fcgov.com/forestry. The use of heavy construction equipment, including but not limited to
excavators, backhoes, and bulldozers, to remove trees is not allowed without prior
Forestry Division written permission.
4. During construction, before either DCP issuance or any demolition,
grading, excavation, or site work commences on the Property, whichever occurs earlier,
tree protection must be installed around all trees that are shown to be preserved and
protected on the Final Development Plan Documents and an arborist licensed by the City
of Fort Collins must provide written confirmation to the City that such tree protection has
been installed. Required tree protection measures are set forth in the Transitional 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.
5. Before landscape work commences on the Property, the Developer
shall schedule a meeting between City Forestry Division staff and the landscapers who
will perform the work.
6. Tree protection must be maintained throughout the duration of
construction activities on the Property. At any time during construction, and upon City
Forestry Division written notice that tree protection is not adequate for one or more trees,
the Developer shall cease construction activities adjacent to such tree or trees until
required tree protection measures are in place to the satisfaction of the City Forestry
Division.
G. Soil Amendment
In all areas associated with this Development that are to be landscaped or
planted in accordance with the Final Development Plan Documents, and do not require a
building permit, the soils shall be loosened and amended by the Developer in accordance
with Land Use Code § 3.8.21 before the issuance of a Certificate of Occupancy in this
Development. In all areas associated with this Development that are to be landscaped
or planted in accordance with the Final Development Plan Documents, and do require a
building permit, the completion of soil amendments shall include certification by the
Developer that the work has been completed in accordance with City Code § 12-132. This
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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.
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 and the Owner against any damages or
injuries sustained in the Development as a result of ground water seepage or flooding,
structural damage, or other damage unless such damages or injuries are proximately
caused by the City's negligent operation or maintenance of the City's storm drainage
facilities in the Development. No language in this Subsection shall be construed or
interpreted as establishing in anyway the City's or Owner's liability for any act or omission
and the terms of this Subsection solely relate to the Developer's obligation to indemnify
and hold harmless the City and the Owner.
2. If the Development includes a subdrain system, any such subdrain
system, whether located within private property or within public property such as street
rights-of-way or utility or other easements, shall not be owned, operated, maintained,
repaired, or reconstructed by the City, and it is agreed that all ownership, operation,
maintenance, repair, and reconstruction obligations shall be those of the Developer or
the Developer's successor(s) in interest. Such subdrain system is likely to be located
both upon private and public property and, to the extent that it is located on public
property, all maintenance, operation, repair, or reconstruction shall be conducted in such
a manner that such public property shall not be damaged, or if damaged, shall, upon
completion of any such project, be repaired in accordance with then existing City
standards. The City shall not be responsible for, and the Developer, for itself and its
successor(s) in interest, hereby agrees to indemnify and hold harmless the City and the
Owner against, any damages or injuries sustained in the Development as the result of
groundwater seepage or flooding, structural damage, or other damage resulting from
failure of any such subdrain system.
3. Without admitting or denying any duty to protect water rights, the
Developer, for itself and its successor(s) in interest, hereby agrees to indemnify and hold
harmless the City and the Owner against any damages or injuries to water rights caused,
directly or indirectly by the construction, establishment, maintenance, or operation of the
Development.
4. The City agrees to give notice to the Developer of any claim made
against it to which the foregoing indemnities and hold harmless agreements by the
Developer contained in 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 or Owner liability through such
settlement. Failure of the City to give notice of any such claim to the Developer within
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ninety days after the City first receives notice of such claim under the Colorado
Governmental Immunity Act for the same, shall cause the foregoing indemnities and hold
harmless agreements by the Developer to not apply to such claim and such failure shall
constitute a release of the foregoing indemnities and hold harmless agreements as to
such claim against the City but shall not constitute a release of this indemnity and hold
harmless agreement as to any claim against the Owner.
I. Hazards and Emergency Access
1. No stockpiled combustible material will be allowed on the Property
until a permanent water system is installed by the Developer and approved by the City.
2. Before beginning any building construction, and throughout the build-
out of this Development, the Developer shall provide and maintain at all times a
reasonable accessway to each building. Such accessway shall be adequate to handle
any emergency vehicles or equipment, and the accessway shall be kept open during all
phases of construction. Such accessway shall be constructed to an unobstructed width
of at least 20 feet with four inches of aggregate base course material compacted
according to City standards and with a 100-foot diameter turnaround at the building end
of said accessway. The turnaround is not required if an exit point is provided at the end
of the accessway. Before the construction of said accessway, a plan for the accessway
shall be submitted to and approved by the Poudre Fire Authority and City Engineer. Digital
plan sets shall be submitted to the Poudre Fire Authority at 102 Remington Street for
review and processing. If such accessway is at any time deemed inadequate by the
Poudre Fire Authority or City Engineer, the accessway shall be promptly brought into
compliance and until such time that the accessway is brought into compliance, the City
and/or the Poudre Fire Authority may issue a stop work order for all or part of the
Development.
J. Footing and Foundation Permits
1. Notwithstanding an provision in this Agreement to the contrary, the
Developer shall be eligible to apply for Footing and Foundation permits for the
construction of structures within Lot 2 prior to the installation by the Owner, and
acceptance by the City, of all underground water, sanitary, sewer, and storm sewer
facilities, and an emergency accessway for Lot 2 as further articulated in Subsection I.E.
of the Infrastructure DA.
K. Development Construction Permit
1. The Developer shall apply for and obtain a Development
Construction Permit for this Development, in accordance with Division 2.6 of the Land
Use Code, before the Developer commences construction. The Developer shall pay the
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required fees for said Permit and construction inspection, and post security to guarantee
completion of the public improvements required for this Development before issuance of
the Development Construction Permit.
2. Before the issuance of a Development Construction Permit the
Developer shall obtain the approval of a Construction Management Plan from the City.
The Construction Management Plan shall define the management of the construction of
the Development, establishing the timing, duration, location, delivery and storage of
materials and idle equipment; the timing, duration, and location of parking; and the timing,
duration, and location for the operation of equipment. The Construction Management Plan
shall define the impacts (if any) to public rights-of-way, which would then be subject to
the Encroachment Regulations as indicated in Subsection II.D.2. of this Agreement.
L. 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 half Porkchop at the intersection of Hibdon and College as depicted
on Sheet 17 of the Fort Collins Rescue Mission Utility Plan Set, which guarantees shall
run concurrently and shall commence upon the date of completion of the public
improvements and acceptance thereof by the City. More specific elements of these
guarantees are noted in Exhibit B, attached hereto, and incorporated herein by reference.
Security for the maintenance guarantee and the repair guarantee shall be as provided in
Section 3.3.2(C) of the Transitional Land Use Code. Notwithstanding the provisions of
Subsections III (H) and (1) of this Agreement to the contrary, the obligations of the
Developer pursuant to this Subsection 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.
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 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 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 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
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materials, rubbish, tools, construction equipment, machinery, and surplus materials from
the public right-of-way. The Developer further agrees to maintain the finished street
surfaces so that they are free from dirt caused by the Developer's operation or as a result
of building activity. Any excessive accumulation of dirt, construction materials, or both,
shall be considered sufficient cause for the City to withhold building permits, certificates
of occupancy, or both, 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 agrees that it will require its contractors and subcontractors
to cooperate with the City's construction inspectors by ceasing operations when winds
are of sufficient velocity to create blowing dust that, in the inspector's opinion, is
hazardous to the public health and welfare.
D. The Developer shall, pursuant to the terms of this Agreement, complete all
improvements and perform all other obligations required herein, as such improvements
or obligations may be shown on the Final Development Plan Documents, or any
documents executed in the future that are required by the City for the approval of an
amendment to a development plan, and the City may withhold (or to the extent permitted
by law, revoke) such building permits and certificates of occupancy as it deems necessary
to ensure performance in accordance with the terms of this Agreement. The processing
and "routing for approval" of the various Final Development Plan Documents may result
in certain of said documents carrying dates of approval or execution that are later than
the date of execution of this Agreement. The Developer hereby waives any right to object
to any such discrepancy in dates.
E. Nothing herein contained shall be construed as a waiver of any
requirements of City Code or the Transitional 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 Property, including any subsequent
replatting of all, or a portion, of the Property. This Agreement shall also be binding upon
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and inure to the benefit of the parties hereto, their respective personal representatives,
heirs, successors, grantees, and assigns. It is agreed that all improvements required
pursuant to this Agreement touch and concern the Property regardless of whether such
improvements are located on the Property. Assignment of interest within the meaning of
this Subsection shall specifically include, but not be limited to, a conveyance or
assignment of any portion of the Developer's legal or equitable interest in the Property,
as well as any assignment of the Developer's rights to develop the Property under the
terms and conditions of this Agreement.
I. 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 any party fails to perform according to the terms of this Agreement, that
party may be declared in default. If a party has been declared in default hereof, that
defaulting party shall be given written notice specifying the default and shall be allowed a
period of ten days within which to cure the default. If 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. If the Developer defaults on any of the provisions hereof, which requires the
City to commence legal or equitable action against the Developer, the Developer shall be
liable to the City for any damages incurred by reason of the default. Nothing herein shall
be construed to prevent or interfere with the City's rights and remedies specified in
Subsection 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, other than N. College 1311, LLC, and no third party or parties, other than N.
College 1311, LLC, shall have any right or action hereunder for any cause whatsoever.
M. It is expressly understood and agreed by and among the parties hereto that
this Agreement shall be governed by and its terms construed under the laws of the State
of Colorado and the City of Fort Collins, Colorado.
N. Any notice or other communication given by any party hereto to any other
party relating to this Agreement shall be hand-delivered or sent by certified mail, return
receipt requested, addressed to such other party at their respective addresses as set forth
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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: Engineering Development Review
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
With a copy to: City Attorney's Office
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
If to the Developer: The Denver Rescue Mission
d/b/a Fort Collins Rescue Mission, Inc.
6100 Smith Road
Denver, CO 80216
With a copy to: Brownstein Hyatt Farber and Schreck, LLP
Claire N.L. Havelda
675 15th Street
Ste. 2900
Denver, Colorado 80202
chavelda@bhfs.com
If to the Owner: N College 1311, LLC
c/o Bohemian Foundation
Attn: Cheryl Zimlich, Chief Executive Officer
262 E. Mountain Avenue
Fort Collins, CO 80524
cheryl@bohemianfoundation.org
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.
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O. When used in this Agreement, 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 among 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 and signed by all parties hereto.
P. Paragraph or Section 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.
The Owner is made a party to this Agreement solely for the purpose of subjecting the
Property to the covenants contained in this Agreement. The City and the Developer
expressly acknowledge and agree that the Owner shall not be liable for any obligations
of the Developer under this Agreement unless there is a written assignment of this
Agreement to the Owner., unless the Owner exercises the rights of the Developer to
develop the Property, in which event the obligations of the Developer shall become those
of the Owner. The Owner makes no representations or warranties, express or implied,
concerning any improvements made by the Developer.
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, C.R.S. §24-10-101 et seq.,
or under any other law.
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THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
DocuSigned by:
By: yt "
OB86D5871D89400...
Kelly DiMartino, City Manager
Date: July 16, 2025
ATTEST:
Signed by:
DocuSigned by:
�.. � ED
934E243B639B429...City Clerk or Designee
Name: D Coldiron
Title: City Clerk
APPROVED AS TO CONTENT:
DocuSigned by:
290ADC9C407E4C4...
City Engineer's Office
Name. Dave Betley
Title: Engineering Development Review
APPROVED AS TO FORM:
Signed by:
t{ AVt,tt, bbSfw
BD612480E7EB4DF...
City Attorney's Office
Name: Stefanie Boster
Title: Senior Assistant City Attorney
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DEVELOPER:
THE DENVER RESCUE MISSION,
a Colorado Nonprofit Corporation
Doing business.as:
FORT COLLINS RESCUE MISSION,.INC.
I �
By:
Dennis Van Kampen
President/CEO
Date: �Z� 12. f—.
STATE OF COLORADO }
COUNTY OF }
The foregoing instrument was acknowledged before me this (otL day of
22 , by Dennis Van Kampen as Presiders# 1 CEO of THE
D NVER RESCUE MISSION, a Colorado Nonprofit Corporation.
Notary Public
My Commission Expires: �jM
MICAJAH PARRECO
NOTARY PUBLIC-5TA1TE OF COLdRApO
NOTARY 10 20154040648
MY commissi0N,Q{PIRES N0Y 1,.2027
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OWNER:
N College 1311, LLC
a Colorado limited liability company
By: Bohemian Foundation,
a Colorado nonprofit corporation,
its sole member
By.
aryl A. Zimlich,
President and Chief Executive Officer
Date:
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
of 202 , 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.
ji -
Notary Public
My Commission Expires: m
NIGGLE JAVERNICK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20054030527
MY COMMISSION EXPIRES AUGUST 3,2029
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EXHIBIT A
1. Schedule of water lines to be installed out of sequence.
Not Applicable
2. Schedule of sanitary sewer lines to be installed out of sequence.
Not Applicable
3. Schedule of street improvements to be installed out of sequence.
Not Applicable
4. Schedule of storm drainage improvements to be installed out of sequence.
Not Applicable
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EXHIBIT B
MAINTENANCE GUARANTEE:
The Developer hereby warrants and guarantees to the City, for a period of two years from
the date of completion and first acceptance by the City of the public improvements Half
Porkchop at the intersection of Hibdon and College as identified in Sheet 17 of the Fort
Collins Rescue Mission Utility Plans warranted hereunder, the full and complete
maintenance and repair of the public improvements constructed for this Development.
This warranty and guarantee are made in accordance with the City Transitional Land Use
Code.
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 to the fullest extent
of the law or as authorized by this Agreement. Any damages which occurred before 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:
The Developer agrees to hold the City harmless for a five year period, commencing upon
the date of completion and acceptance by the City of the Half Porkchop at the intersection
of Hibdon and College as identified in Sheet 17 of the Fort Collins Rescue Mission Utility
Plans (the "Half Porkchop") public improvements constructed for this Development, from
any and all claims, damages, or demands arising on account of the design and
construction of public improvements of the Property shown on the Final Development
Plan Documents for this Development; and the Developer furthermore commits to make
necessary repairs to said Half Porkchop, 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:
- Directly Connected Downspouts
- Perforated Subdrain
- Storm Drain Lines
- Pre-Sedimentation Forebay
- Bioretention
The location of said facilities can be found on the Fort Collins Rescue Mission
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
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considerations shall follow the guidelines outlined in Volume 3 of the Urban
Drainage and Flood Control District (UDFCD) Urban Storm Drainage Criteria
Manual.
SOP Maintenance Summary Table
Stormwater Facility
/ Responsibility UDFCD Maintenance Reference
BMP
Directly Connected
Private N/.4
Downspouts
Perforated Subdrain Private N/A
Follow guidelines for Storm Sewer System
Storm Drain Lines Private Cleaning (Chapter51 Source Control BMP Fact
Sheet 5-12)
Pre-Sedimentation Private Follow guidelines for Pre-Sedimentation
Forebay Forebay(Chapter 61 Section 9.0)
Bioretention/Bioswale Private Follow guidelines for Bioretention (Chapter 61
Section 5.0)
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Directly Connected Downspouts
Many of the downspouts connect directly to the storm drain system. The following SOP
generally applies to all direct downspout connections.
This SOP can more specifically apply to those which drain directly to the reservoir areas
beneath the Modular Block Pavers. At each of these connections, the downspout
discharges to a perforated drain basin. The drain basins discharge directly to the MBP
reservoir. The drain basins are designed to prevent debris and sediment from entering
the MBP reservoir area. Debris and sediment compromise the functionality and
effectiveness of the system.
Routine Maintenance Table for Directly Connected Downspouts
Required
Maintenance Objective Frequency of Action
Action
Inspect the downspout and
basin to ensure the system
Inspections functions as it was designed. Routine
Repair or replace damaged
downspouts as needed.
Sediment, Remove debris and litter from Routine —just before annual storm
Debris and the basin. Remove sediment seasons (i.e., April/May); at the end of
Litter removal from the sump. storm season after leaves have fallen; and
following significant rainfall events.
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Perforated Subdrain
The perforated subdrain system storm drain outfall at the bottom of the Low Impact
Development (LID) system is critical to the overall function of the system subbase. As
such, special maintenance has been identified to ensure these perforated drain systems
perform as they were designed.
Perforated subdrains leading away from the LID system is designed to provide faster
release of water when accumulation occurs under the LID system. Outflow should be
seen into downstream storm boxes. If not seen it is recommended that the system is
inspected using a video camera to verify no clogging has occurred.
Perforated subdrains leading toward the LID system are designed to provide an
opportunity for infiltration. These subdrains may lead to a drywell where additional
infiltration capacity is available to reduce runoff per the stated LID goals adopted by the
City.
Routine Maintenance Table
Required
Maintenance Objective Frequency of Action
Action
Use a video camera to inspect
the condition of the perforated
drain pipes. Cleanout pipes as
Inspection Every two to five years.
needed. If 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.
Inspection Every two to five years.
If the integrity of the pipe is
compromised, then repair the
damaged section(s).
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Pre-Sedimentation Forebay
Routine Maintenance Table (Summary from Chapter 6 of UDFCD)
Required
Maintenance Objective Frequency of Action
Action
Routine — Including just before annual
Debris and Remove debris and litter as storm seasons (that is, April and May),
Litter removal needed. Floating debris can clog end of storm season after leaves have
the overflow structure fallen, and following significant rainfall
events.
Non-routine — Performed when sediment
Remove accumulated sediment
from the bottom of the basin accumulation appears to result in
before it becomes a significant excessive algae growth or mosquito
Forebay source of pollutants for the production. This may vary considerably,
Sediment remainder of the pond. Inspect but expect to do this every approximately
removal to ensure that sediment does every 4 years, as necessary per inspection
not result in excessive algae if no construction activities take place in
growth or mosquito production. the tributary watershed. More often if
they do.
Inspect to ensure that the facility
Routine — Annual inspection of hydraulic
continues to function as initially
and structural facilities. Also check for
intended. Examine the outlet for
obvious problems during routine
clogging, erosion, slumping,
Inspections excessive sedimentation levels, maintenance visits, especially for plugging
of outlets. Note the amount of sediment
overgrowth, embankment
in the forebay and look for debris at the
integrity and damage to any
outlet structure.
structural element.
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Bioretention
Routine Maintenance Table (Summary from Chapter 6 of UDFCD)
Required
Maintenance Objective Frequency of Action
Action
Occasional mowing of grasses
and weed removal to limit
Lawn mowing unwanted vegetation. Maintain Routine — Depending on aesthetic
and vegetative irrigated turf grass as 2 to 4 requirements, planting scheme and
cover. Weeds should be removed
care inches tall and non-irrigated
before they flower.
native turf grasses at 4 to 6
inches.
Remove debris and litter from
bioretention area and upstream
concrete forebay to minimize
clogging of the sand media.
Remove debris and litter from the
Debris and pond area and outlet orifice plate Routine — Including just before annual
litter removal to minimize clogging. Remove storm seasons and after snow season
and snow debris and litter from curb channel (April or May), end of storm season after
stockpiling and sidewalk chase outlets leaves have fallen, and following
adjacent to pond if applicable to significant rainfall events.
minimize clogging. Avoid
stockpiling snow in the
bioretention area to minimize
clogging from sediment
accumulation.
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Inspect detention area to
determine if the sand media is
allowing acceptable infiltration. If
Inspections standing water persists for more Routine — Biannual inspection of the
than 24 hours after storm runoff hydraulic performance.
has ceased, clogging should be
further investigated and
remedied.
Non-routine — Performed when clogging
Growing is due to the migration of sediments
media Restore infiltration capacity of deep into the pore spaces of the media.
replacement bioretention facilities. The frequency of replacement will
depend on site-specific pollutant
loading characteristics.
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