HomeMy WebLinkAboutTRILBY DITCH RELOCATION - BDR180037 - LEGAL DOCS -DTHE CITY OF FORT COLLINS, COLORADO,
a Municipal Co poration
By:
Darin A. AtYeberry, City Manager
ATTEST:
City CISA
APPROVED AS TO FORM:
�, ssta.o� �'
A��isnt Ity' ttorney
Trilby Hold in s roup LLC, a Colorado limited
liability co any
By:
Louis Isom, Managing Member
STATE OF COLORADO )
) SS.
COUNTY OF LARIMER
The foregoing instrument was acknowledged before me this 1 H day of
JAN , 20iq, by Louis Isom as Managing Member of Trilby Holdings Group LLC, a
Colorado limited liability company.
7ANotaryPuCENOTARY
SULLIVAN
My Commission Expires: -)A-^rt4 SV 1! ZoZL Y PUBLIC
COLORADO
20034012186v"a JAM1®, 2022
arise pursuant to Part I.D.8 of the Owner'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.
3. The Owner shall be required to provide the City with a security deposit in the amount
of $6,600.02 (six -thousand six -hundred dollars and two cents) prior to beginning
construction to guarantee the proper installation, maintenance, and, upon
completion of construction activities, removal of the temporary erosion and sediment
control measures as shown on the Erosion Control Materials. Said security
deposit(s) shall be made in accordance with the requirements set forth in the
Criteria. When said security deposit is a letter of credit or a bond the Owner shall
replace the security no later than 30 days before its expiration date. If the security
posted by the Owner is a Letter of Credit, and such letter has not been replaced
renewed within 30 days of its expiration date, the City may elect to draw and hold
the funds as it sees fit.
4. If the Owner fails at any time to abide by the erosion control provisions of the
Erosion Control Materials or the Criteria after receiving notice from the City of the
same, or an emergency situation exists which reasonably requires immediate
mitigation measures, then in either event, the City may enter upon the Property for
the purpose of making such improvements and undertaking such activities as may
be necessary to ensure compliance with the Erosion Control Materials and the
Criteria. The City may apply such portion of the 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 the
Erosion Control Materials and the Criteria.
5. Upon stabilization of the disturbed areas and at the Owner's request, the City will
confirm that the Property is stabilized from potential erosion and sediment control
issues from the construction activities and that all temporary erosion and sediment
control measures have been removed. In confirmation by the City that the Property
is stabilized, any remaining portions of the security deposit shall be returned. Final
stabilization shall be reached when all ground surface disturbing activities related to
the Project have been completed, and for all areas of ground surface disturbing
activities, a uniform vegetative cover has been established with a vegetative cover
(individual plant density) of at least 70 percent, or equivalent permanent, physical
erosion reduction methods have been employed.
6. 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.
RECEPTION #20190005602. 2/1/2019 4:07:00 PM,
1 of 3, $23,00
Angela Myers, Clerk & Recorder, Lanmer County, CO
AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND TRILBY HOLDINGS
GROUP LLC REGARDING EROSION CONTROL
THIS AGREEMENT (the "Agreement"), is made and entered into this I4TI _ day
Of _JP4"A 2019, by and between the CITY OF FORT COLLINS, COLORADO,
a Municipal C rporation, hereinafter referred to as the "City"; and Trilby Holdings Group
LLC, a Colorado limited liability company, hereinafter referred to as the "Owner."
RECITALS
WHEREAS, Owner owns the property (the "Property") located at 6301 S. College
Avenue, parcel number 9611400003; and
WHEREAS, an above ground portion of the North Louden Ditch crosses the Property;
and
WHEREAS, Owner desires to realign and run portions of the North Louden Ditch
crossing the Property underground (the "Project"); and
WHEREAS, Owner is undergoing Basic Development Review, BDR180037, through the
City for approval of the planned work; and
WHEREAS, the City requires erosion and sediment control in association with
construction activities that disturb the land; and
WHEREAS, the City has reviewed and accepted the Owner's erosion control report,
erosion control plan, and escrow security calculation (the "Erosion Control Materials"
attached hereto and incorporated herein by reference); and
WHEREAS, in order for the City to approve the proposed work pursuant to BDR180037,
certain erosion and sediment control measures must be implemented pursuant to the
Erosion Control Materials and guaranteed and the parties wish to memorialize the terms
herein.
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:
1. The above Recitals are incorporated herein.
2. The Owner agrees to provide and maintain erosion and sediment control
improvements as shown on the Erosion Control Materials and pursuant to the City's
Storm Drainage Design Criteria and Construction Standards (the "Criteria") until all
disturbed areas in and adjacent to the Project's construction activities are stabilized.
The Owner is responsible for immediately correcting any compliance issues that