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HomeMy WebLinkAboutJEROME STREET STATION - Filed DA-DEVELOPMENT AGREEMENT - RECEPTION#20240051481, 12/2/2024 3:01:48 PM,1 of 48,S248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND JEROME STREET STATION, LLC THIS DEVELOPMENT AGREEMENT (the "Agreement"), is made and entered into this 27th day of November 2024 , by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City"; and Jerome Street Station, LLC, a Colorado limited liability company, hereinafter referred to as the "Developer." WITNESSETH: WHEREAS, the Developer is the owner of certain real property situated in the County of Larimer, State of Colorado (hereafter referred to as the "Property" or, in context with the proposed improvements as the "Development") and legally described as follows, to wit: BEING A REPLAT OF BLOCK 1 & TRACT JJ, OLD TOWN NORTH, AND LOT 2, BLOCK 1, WILL SUBDIVISION, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6T" P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. WHEREAS, the Development is known to the City as Jerome Street Station, ID# PDP210009 and FDP230006; and WHEREAS, the Developer desires to develop the Property and has submitted to the City all plats, plans, including utility plans, reports and other documents required for the approval of a final plan according to the City's development application submittal requirements master list (the "Final Development Plan Documents") copies of which are on file in the office of the City Engineer and made a part hereof by reference; and WHEREAS, the Developer desires to accomplish the development of the Property according to a phasing plan and has submitted to the City as part of the Final Development Plan Documents its phasing plan, attached hereto and incorporated herein as Exhibit E ("Phasing Plan"); and WHEREAS, the parties hereto have agreed that the development of the Property will require increased municipal services from the City to serve such area and will further require the installation of certain improvements primarily of benefit to the Property and not to the City as a whole; and 1 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,2 of 48,S248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67 WHEREAS, the Developer has submitted to the City Exhibit F, attached hereto and incorporated herein, as part of the Final Development Plan Documents, which comprises the Phase 1 and Phase 2 public infrastructure cost estimates as of July 2024, within which cost estimates the Developer intends to maintain its expenses for installing public infrastructure; and WHEREAS, the City has approved the Final Development Plan Documents submitted by the Developer, subject to certain requirements and conditions, which involve the installation of and construction of utilities and other municipal improvements in connection with the development of the Property. NOW, THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, it is agreed as follows: I. General Conditions A. The Recitals set forth above are hereby incorporated in and made a part of this Agreement by this reference. B. References to the City Code, Land Use Code, or other laws, regulations, or rules shall include subsequent amendments thereto or adopted laws, regulations, or rules intended to replace or otherwise supersede prior laws, regulations, or rules. By way of example, if the City were to adopt in the future a Land Development Code that replaces and supersedes the current Land Use Code, then the relevant section of the Land Development Code would apply in lieu of the Land Use Code provisions referenced herein. C. The terms of this Agreement shall govern all development activities of the Developer pertaining to the Property. For the purposes of this Agreement, "development activities" shall include, but not be limited to, the following: (1) the actual construction of improvements, (2) obtaining a permit therefor, or (3) any change in grade, contour or appearance of the Property caused by, or on behalf of, the Developer with the intent to construct improvements thereon. In case of conflict, the Final Development Plan Documents shall supersede the standard specifications, except that if the conflicts are a result of Federal or State mandated requirements, then the Federal or State mandated requirements shall prevail. D. All water, sanitary sewer, and storm sewer lines and facilities, and all streets, curbs, gutters, sidewalks, bikepaths, and other public improvements required by this Development shall be paid for and installed by the Developer as shown on the Final Development Plan Documents, and in full compliance with the standards and specifications of the City on file in the office of the City Engineer at the time of approval of the utility plans relating to the specific utility, subject to the time limitation from the date of approval of the Final Development Plan Documents set forth in the Phasing Plan. In 2 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,3 of 48,5248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 the event that the Developer commences or performs any construction pursuant hereto after the passage of the applicable deadlines set forth in the Phasing Plan, the Developer shall resubmit the utility plans to the City Engineer for reexamination. The City may then require the Developer to comply with the approved standards and specifications of the City on file in the office of the City Engineer at the time of the resubmittal. E. No building permit for the construction of any structure within the Property shall be issued by the City until the public water lines and stubs to each lot, fire hydrants, electrical lines, sanitary sewer lines and stubs to each lot, and public streets (including curb, gutter, sidewalk, and pavement with at least the base course completed) serving such structure, to the extent within the applicable phase as set forth in the Phasing Plan, have been completed and accepted by the City. No building permit shall be issued for any structure located in excess of six hundred and sixty feet (660') from a single point of access, unless the structures contain sprinkler systems that are approved by the Poudre Fire Authority. F. Any water lines, sanitary sewer lines, storm drainage lines, electrical lines, and/or streets described on Exhibit A, attached hereto and incorporated herein, shall be installed within the time and/or sequence required on Exhibit A and the Phasing Plan. If the City Engineer has determined that any water lines, sanitary sewer lines, storm drainage facilities and/or streets are required to provide service or access to other areas of the City, those facilities shall be shown on the Final Development Plan Documents, and shall be installed by the Developer within the time as established under the Phasing Plan. G. Street improvements shall not be installed until all utility lines to be placed therein have been completely installed, including all individual lot service lines (water and sewer) leading in and from the main to the property line and all electrical lines. H. The installation of all utilities shown on the Final Development Plan Documents, shall be inspected by the Engineering Department of the City and shall be subject to such department's approval. The Developer agrees to correct any deficiencies in such installations in order to meet the requirements of the plans and/or specifications applicable to such installation. In case of conflict, the Final Development Plan Documents shall supersede the standard specifications, except that if the conflicts are a result of Federal or State mandated requirements, then the Federal or State mandated requirements shall prevail. I. Unless authorized by the City pursuant to law the public right-of-way shall not be used for staging or storage of materials or equipment ("Staging") associated with the Development, nor shall it be used for parking by any contractors, subcontractors, or other personnel working for or hired by the Developer to construct the Development. The Developer shall find a location(s) on private property to accommodate any necessary Staging and/or parking needs associated with the completion of the Development. Information on the location(s) of these areas shall be provided to the City as a part of the Development Construction Permit application. 3 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,4 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 J. Developments constructed with privately maintained streets shall be constructed to the same design standards as those constructed on similar public rights- of-way (ROW). Public easements shall be provided for access, utilities and drainage as required by the design and location of such infrastructure and as reflected on the Final Development Plan Documents. Alignment and grades on privately maintained streets and drives shall allow for safe access, ingress and egress by owners, visitors, the general public and public safety officials and equipment, as approved by the City Engineer. K. All storm drainage facilities shall be designed and constructed by the Developer so as to protect downstream and adjacent properties against injury and to adequately serve the Property (and other lands as may be required, if any). The Developer shall meet or exceed the minimum requirements for storm drainage facilities as have been established by the City in its Drainage Master Plans and Design Criteria. The Developer, for itself and its successor(s) in interest, does hereby indemnify and hold harmless the City from any and all claims that might arise, directly or indirectly, as a result of the discharge of injurious storm drainage or seepage waters from the Property in a manner or quantity different from that which was historically discharged and caused by the design or construction of the storm drainage facilities, except for (1) such claims and damages as are caused by the acts or omissions of the City in maintenance of such facilities as have been accepted by the City for maintenance; (2) errors, if any, in the general concept of the City's master plans (but not to include any details of such plans, which details shall be the responsibility of the Developer); and (3) specific written or otherwise documented directives that may be given to the Developer by the City. No language in this Paragraph shall be construed or interpreted as establishing in any way the City's liability for any act or omission, and the terms of this Paragraph solely relate to the Developer's obligation to indemnify and hold harmless the City. The City agrees to give notice to the Developer of any claim made against it to which this indemnity and hold harmless agreement by the Developer could apply, and the Developer shall have the right to defend any lawsuit based on such claim and to settle any such claim, provided Developer must obtain a complete discharge of all City liability through such settlement. Failure of the City to give notice of any such claim to the Developer within ninety (90) days after the City first receives a notice of such claim under the Colorado Governmental Immunity Act for the same, shall cause this indemnity and hold harmless agreement by the Developer to not apply to such claim, and such failure shall constitute a release of this indemnity and hold harmless agreement as to such claim. Approval of and acceptance by the City of any storm drainage facility design or construction shall in no manner be deemed to constitute a waiver or relinquishment by the City of the aforesaid indemnification. The Developer shall engage a Colorado licensed professional engineer to design the storm drainage facilities as aforesaid and it is expressly affirmed hereby that such engagement shall be intended for the benefit of the City, and subsequent purchasers of property in the Development. L. The Developer shall pay the applicable "stormwater plant investment fee" in accordance with Chapter 26, Article VII of the Code of the City of Fort Collins (the "City Code"). This fee is included with building permit fees and shall be paid prior to the 4 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,5 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67 issuance of each building permit. M. The Developer shall provide the City Engineer with certified Record Plan Transparencies on Black Image Diazo Reverse Mylars upon completion of each phase of the construction. Utilities will not be initially accepted prior to as-built drawings being submitted to and approved by the City. N. The Developer specifically represents that to its knowledge all property dedicated (both in fee simple and as easements) to the City associated with this Development (whether on or off-site) is in compliance with all environmental protection and anti-pollution laws, rules, regulations, orders or requirements, including solid waste requirements, as defined by the U. S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261, and that such property as is dedicated to the City pursuant to this Development, is in compliance with all such requirements pertaining to the disposal or existence in or on such dedicated property of any hazardous substances, pollutants or contaminants, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and regulations promulgated thereunder. The Developer, for itself and its successor(s) in interest, does hereby indemnify and hold harmless the City from any liability whatsoever that may be imposed upon the City by any governmental authority or any third party, pertaining to the disposal of hazardous substances, pollutants or contaminants, and cleanup necessitated by leaking underground storage tanks, excavation and/or backfill of hazardous substances, pollutants or contaminants, or environmental cleanup responsibilities of any nature whatsoever on, of, or related to any property dedicated to the City in connection with this Development, provided that such damages or liability are not caused by circumstances arising entirely after the date of acceptance by the City of the public improvements constructed on the dedicated property, except to the extent that such circumstances are the result of acts or omissions of the Developer. Said indemnification shall not extend to claims, actions or other liability arising as a result of any hazardous substance, pollutant or contaminant generated or deposited by the City, its agents or representatives, upon the property dedicated to the City in connection with this Development. The City agrees to give notice to the Developer of any claim made against it to which this indemnity and hold harmless agreement by the Developer could apply, and the Developer shall have the right to defend any lawsuit based on such claim and to settle any such claim, provided the Developer must obtain a complete discharge of all City liability through such settlement. Failure of the City to give notice of any such claim to the Developer within ninety (90) days after the City first receives a notice of such claim under the Colorado Governmental Immunity Act for the same, shall cause this indemnity and hold harmless agreement by the Developer to not apply to such claim, and such failure shall constitute a release of this indemnity and hold harmless agreement as to such claim. O. The Developer acknowledges and agrees that the City, as the owner of any adjacent property (the "City Property") on which off-site improvements may be constructed, or that may be damaged by the Developer's activities hereunder, expressly retains (and does not by this Agreement waive) its rights as property owner. The City's rights as owner of the City Property may include without limitation those rights associated 5 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,6 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 with the protection of the City Property from damage, and/or the enforcement of restrictions, limitations and requirements associated with activities on the City Property by the Developer as an easement recipient. P. If the Developer or contractor or any agent or representative thereof causes damage to any public infrastructure (including without limitation, any surface pavers, flagstones, or other stone or concrete surfaces, planters, street and decorative lights, or canopies) such damage shall be promptly repaired with the same kind, quality, color, serviceability and material composition aspects as was possessed by the infrastructure damaged, unless otherwise expressly agreed to by the City in writing. II. Special Conditions A. Water Lines. The common, private water service (the "Water Service") beyond the City curb stop near the City water main is owned and maintained by the legal entity representing all of the owners of the properties served by these lines, which entity may include, without limitation, an owners' association. The Development will connect to the Water Service, and the City shall under no circumstances be responsible for any costs, maintenance or otherwise, associated with the Water Service. B. Sewer Lines The common, private sewer service (the "Sewer Service") beyond the connection to the City sanitary sewer is owned and maintained by the legal entity representing all of the owners of the properties served by these lines, which entity may include, without limitation, an owners' association. The Development will connect to the Sewer Service, and the City shall under no circumstances be responsible for any costs, maintenance or otherwise, associated with the Sewer Service. C. Storm Drainage Lines and Appurtenances. 1. The Developer agrees to provide and maintain erosion and sediment control improvements as shown on the Final Development Plan Documents, until all disturbed areas in and adjacent to this Development's construction activities are stabilized. The Developer shall also be required to post a security deposit for each phase of construction. The amount of the security deposit required for each phase is shown in the Final Development Plan Documents,. The security deposit for each phase shall be deposited prior to beginning construction on such phase, respectively, to guarantee the proper installation and maintenance and, upon completion, removal of the erosion and sediment control measures shown on the Final Development Plan Documents for such phase. Said security deposit(s) shall be made in accordance with the criteria set forth in the Stormwater Criteria Manual("Criteria") referenced in City Code Section 26-500. When said security deposit(s) is a letter of credit or a bond the Developer shall replace the security no later than thirty (30) days before its expiration date. If the security posted by 6 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,7 of 48,5248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 Developer is a Letter of Credit, and such letter has not been replaced or renewed within thirty (30) days of its expiration date, the City may elect to draw and hold the funds as it sees fit as the security deposit(s) hereunder. The City shall have the option in any case to also withhold building permits and certificates of occupancy, as stated in Paragraph III.D of this Agreement, as it deems necessary in order to ensure that at all times the Developer is maintaining appropriate levels of security to guarantee completion of the erosion and sediment control improvements. If, at any time, the Developer fails to abide by the erosion control provisions of the Final Development Plan Documents or the erosion control provisions of the Criteria after receiving notice of the same or an emergency situation exists that would reasonably require immediate mitigation measures, then, in either event, and notwithstanding any provisions contained in Paragraph III.J to the contrary, the City may enter upon the Property for the purpose of making such improvements and undertaking such activities as may be necessary to ensure that the provisions of said plans and the Criteria are properly enforced. The City may apply such portion of the security deposit(s) as may be necessary to pay all costs incurred by the City in undertaking the administration, construction, installation, maintenance, and/or removal of the erosion control measures required by said plans and the Criteria. In addition, the City shall have the option to withhold building permits and certificates of occupancy, as stated in Paragraph III.D of this Agreement, as it deems necessary in order to ensure that the Developer installs, maintains, and ultimately removes the erosion and sediment control measures throughout the build-out of this Development. Upon stabilization of all the disturbed areas in each phase, and upon the request of the Developer, the City will confirm that the phase is stabilized from potential erosion and sediment control discharges from construction activities and that all temporary erosion and sediment control measures from the phase by the Developer are removed. In confirmation by the City that a phase is stabilized, any remaining portions of the security deposit from that respective phase that is associated with the adequate maintenance of erosion and sediment control improvements shall be returned. The Developer further agrees that construction in any future phase shall not commence until the Developer has corrected any potential or actual erosion, sedimentation, and/or pollution violations. When identified, any violation of applicable laws, regulations, or policies regarding erosion and sediment control must be corrected immediately per Part I.D.8 of the Developer's Colorado Discharge Permit System ("CDPS") Permit for Stormwater Discharges Associated with Construction Activity as required by the Colorado Department of Public Health and Environment ("CDPHE") and City Code Section 26-498, Water Quality Control. If no CDPS Permit is required, violations of any applicable laws, regulations, or policies regarding erosion and sediment control are to be corrected immediately as required by the CDPHE and the Environmental Protection Agency (EPA) in accordance with the Clean Water Act, and City Code Section 26-498, Water Quality Control. 2. All on-site and off-site storm drainage improvements associated with this Development, as shown on the Final Development Plan Documents, shall be completed by the Developer in accordance with said Final Development Plan Documents prior to the issuance any certificate of occupancy within the applicable phase set forth in the Phasing Plan. Completion of improvements shall include the certification by a professional engineer licensed in Colorado that the drainage facilities that serve this 7 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,8 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 Development have been constructed in conformance with said Final Development Plan Documents. Said certification shall be submitted to the City for review and acceptance at least two (2) weeks prior to the issuance of any certificate of occupancy in the applicable phase set forth in the Phasing Plan. 3. For private permanent water quality improvements located on private property associated with this Development (the "Private Water Quality Improvements"), on-site inspection by a City Inspector is required to verify the proper installation of such improvements at different stages of construction as specified in the "Overall Site and Drainage Certification"form. In the event of non-compliance, the City Inspector shall have the option to withhold building permits and/or certificates of occupancy. In addition, the City may avail itself of any other legal remedy that may be provided in the City Code, the City Land Use Code ("Land Use Code") and/or this Development Agreement, as deemed necessary in order to ensure that the Developer or its successor(s) in interest properly installs and maintains the Private Water Quality Improvements as specified in the Final Development Plan Documents. 4. The Developer or its successor(s) in interest shall be responsible for maintaining the structural integrity and operational function of all drainage facilities constructed as part of this Development including, but not limited to, all drainage facilities and water quality features, extended detention water quality basins, bioretention facilities and/or permeable pavement systems. These drainage facilities and/or features must be maintained in their original operational integrity throughout the build-out of this Development, following the completion of the construction of said facilities and features, and after acceptance of said facilities and features as certified to the City. If at any time following construction and certification (as required pursuant to Paragraph II.C.1 above) or during the construction of additional structures and/or lots within this Development, the City determines that said drainage facilities and features no longer comply with the Final Development Plan Documents, the City may give written notice to the Developer of all items that do not comply with the Final Development Plan Documents and request the restoration of the drainage facilities and features back to the function, standards and specifications designed and specified in the Final Development Plan Documents. Failure to maintain the structural integrity and operational function of said drainage facilities and features following certification will result in the withholding of the issuance of additional building permits and/or certificates of occupancy and, in addition, the City may avail itself of any other legal remedy that may be provided in the City Code, the Land Use Code and/or this Development Agreement until said drainage facilities and water quality features are repaired and restored to the physical characteristics, operational function and structural integrity originally specified in the Final Development Plan Documents approved by the City for this Development. 5. All buildings must be graded to drain in the configuration shown on the Final Development Plan Documents. For this reason, the following requirements shall be followed for all buildings/structures on all lots: Prior to the issuance of a certificate of occupancy for any lot or building the Developer shall provide the City with certification that the lot and or the building has been graded in compliance with the Final Development RECEPTION#20240051481, 12/2/2024 3:01:48 PM,9 of 48,5248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 Plan Documents. This grading certification shall demonstrate that the lot or building finish floor elevation has been built in accordance with the elevation specified on the Final Development Plan Documents. The certification shall also show that the minimum floor elevation or minimum opening elevation for any building constructed is in compliance with the minimum elevation as required on the Final Development Plan Documents. The certification shall demonstrate as well that any minor swales adjacent to the building or on the lot have been graded correctly and in accordance with the grades shown on the Final Development Plan Documents. The certification shall also show that the elevations of all corners of the lot are in accordance with the elevations shown on the Final Development Plan Documents. Said certification shall be completed by a Colorado licensed professional engineer and shall be submitted to the City for review and acceptance at least two (2)weeks prior to the requested date of issuance of the applicable certificate of occupancy. 6. The Developer shall obtain the City's prior approval of any changes from the Final Development Plan Documents in grade elevations and/or storm drainage facility configuration that occur as a result of the construction of buildings and/or development of lots, whether by the Developer or others. The City reserves the right to withhold the issuance of building permits and certificates of occupancy for this Development until the City has deemed such changes as being acceptable for the safe and efficient delivery of storm drainage water. 7. The Developer shall limit the construction of the off-site storm drainage improvements to the limits of construction as shown on the Final Development Plan Documents. The Developer shall re-seed and/or restore all areas that are disturbed during construction of the off-site storm drainage improvements in accordance with the Final Development Plan Documents promptly following construction. The Developer shall ensure that no negative impact occurs to the adjoining properties during the construction of these facilities. No grading shall be done outside of the approved areas as shown on the Final Development Plan Documents. 8. Developer's drainage design for this Development includes evacuation of storm drainage runoff through bioretention facilities and into the drainage outfall system in a reasonable amount of time. The bioretention facilities have been designed to discharge stormwater runoff from frequent storms over a 12-hour period. Under the intended operation of these bioretention facilities, there will not be standing water in the facilities more than 24 hours after the end of a rainfall event. If after construction and acceptance of the bioretention facilities associated with this Development, surfacing or standing water conditions persist in a particular facility; and if such conditions are beyond what can be expected in accordance with the approved stormwater design, the Developer shall promptly, upon such discovery, take appropriate action in order to return or modify (subject to City's approval of any such modification) the particular facility to function in accordance with the designed operation in accordance with the Final Development Plan Documents. 9 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,10 of 48,S248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 9. The Developer shall be responsible for maintenance of all storm drainage facilities not identified as public in the Final Development Plan Documents in accordance with the Standard Operating Procedures (SOPs) contained in Exhibit D, attached hereto and incorporated herein by reference. D. Streets. 1. No street oversizing reimbursement from the City is due the Developer for this Development. 2. The pavement design and construction standards for privately maintained streets shall be the same as the standards for public streets. Grades, alignments, and widths may be modified in accordance with accepted design principles, only on the condition that safe access is maintained for all future owners, visitors, the general public and public safety officials and equipment. Such modifications from public street standards may be made only if approved by the City Engineer. Easements for access, utilities and drainage shall be dedicated to the public and clearly shown on the plat. 3. As identified in Chapter 23, Article III, of the City Code (the "Encroachment Regulations") no encroachments or obstructions are allowed within the public rights-of-way without a permit ("Encroachment Permit"). The Developer understands and acknowledges that if the Final Development Plan Documents now or in the future, through an amendment process, include any encroachments or obstructions in the public rights-of-way the Developer shall apply for, meet any requirements or conditions, and obtain an approved Encroachment Permit prior to the installation of the encroach ment(s). a. All requirements and conditions as identified on the Encroachment Permit and identified in the Encroachment Regulations shall be met and maintained both prior to and after issuance of the Encroachment Permit. The Encroachment Permit, which is non-transferable, is issued to the Property owner or to the lessee of the Property (with the Property owner's consent) to which the encroachment is adjacent or benefits, and the Developer understands that at such time as ownership of that parcel changes and/or a new lessee exists (as applicable) a new encroachment permit will need to be applied for and new liability insurance will need to be provided by the Property owner. The permit is revocable pursuant to the Encroachment Regulations. b. The Developer, for itself and its successor(s) in interest, does hereby release and hold harmless the City from any damages to the encroachment arising from the City's actions in maintaining, repairing and/or replacing the public infrastructure including utilities, except as caused by the City's gross negligence or willful misconduct. 10 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,11 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67 c. The City shall have no responsibility for the installation and maintenance of any encroachment and the Developer, for itself and its successor(s) in interest, does hereby indemnify and hold harmless the City from any and all claims that might arise, directly or indirectly, as a result of the Developer's installation or maintenance of any encroachments onto the public right-of-way. d. Only public utilities (defined as utilities owned and maintained by the City and gas utilities owned by Xcel Energy) or utility providers that have a franchise agreement with the City are allowed to be installed and located within public rights-of-way and public easements. Private utilities are allowed to cross public rights-of-way and easements provided that the crossing is perpendicular to the public right-of-way or easement, that sleeves are provided for the crossing in accordance with City standards, encroachment permits for such crossing are obtained, and the utility is registered with the utility locate center. Any private utilities found within public rights-of-way or easements not meeting the above criteria serving the Property shall be required to be removed by the Developer at the Developer's expense or apply for and obtain an approved Encroachment Permit. All sleeves across the right-of-way shall be designed and installed in accordance with City standards then in effect. e. If there is any conflict between this provision and the Encroachment Regulations, then the Encroachment Regulations will control. The Developer acknowledges that, as with any regulation, the Encroachment Regulations are subject to change and Developer agrees to abide by any changes to the Encroachment Regulations. 4. Notwithstanding any provision herein to the contrary, the Developer shall be responsible for all costs for the initial installation of traffic signing and striping for this Development, including both signing and striping related to the Developer's internal street operations and the signing and striping of any adjacent or adjoining local, collector or arterial streets that is made necessary because of the Development, all as set forth on the Final Development Plan Documents. 5. Following completion of all public infrastructure improvements, the Developer shall continue to have responsibility for maintenance and repair of said improvements in accordance with Sections 2.2.3, 3.3.1, and 3.3.2 of the Land Use Code, subject to Section II (K) and Exhibit B. E. Natural Resources. 1. The Final Development Plan Documents identify areas within the Property that are not to be disturbed in order to prevent environmental damage to the natural habitats or features ("Natural Habitat Buffer Zone" or "NHBZ"). Neither the Developer nor its contractor shall intrude upon, remove, fill, dredge, build upon, degrade or otherwise alter natural habitats and features delineated on the Final Development Plan Documents, except for the limited purposes allowed within the Final Development Plan Documents. These activities are allowable under Land Use Code Section 3.4.1(E). 11 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,12 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67 The City's Environmental Planner shall periodically inspect the Property to ensure compliance with the NHBZ requirements established in the Final Development Plan Documents. 2. The Developer shall ensure that all landscaping within the Natural Habitat Buffer Zone is properly maintained for a three (3) year period following construction thereof to ensure that the vegetation is fully established and maintained in accordance with the Standard Operating Procedures for Natural Resources attached to this Development Agreement as Exhibit C. a. The status and effectiveness of the vegetation shall be evaluated by the Developer and the results reported to the City Environmental Planner, Planning Department annually (at a minimum) for review. b. Prior to the issuance of a Development Construction Permit (DCP), the Developer shall provide the City an acceptable form of security (escrow, bond, or letter of credit) to guarantee completion of the NHBZ landscape improvements that meets City standards for acceptability. The security must match the cost of landscape improvements, mitigation and restoration efforts, which shall include plant material and irrigation system improvements, weed management, and three (3) years of required monitoring and annual reporting equal to one hundred twenty-five percent (125%) of the cost to be held until said improvements are constructed and accepted by the City. The City shall return the security to the Developer upon the Developer's installations of the landscape improvements and the City's Environmental Planner acceptance thereof. If the seeded areas have not been established in accordance with the Final Development Plan Documents, then the Developer shall promptly provide the City's Environmental Planner with a written proposal of steps and timing to bring the areas into conformance with such Documents for the City's approval and, after receipt of approval shall promptly take such steps as are necessary to implement the approved plan and bring the areas into conformance. If the Developer does not take action to bring any and all NHBZ areas and plantings into conformance with the approved Final Development Plan Documents, the City shall use the security provided by the Developer to install said NHBZ landscape improvements and the Developer forfeits any right to the security. c. The areas of the Development that are planned to be seeded shall be inspected jointly by the Developer and the City at specified intervals for a minimum of three (3) growing seasons or until determined by the City to be well established in accordance with the coverage specifications of this Paragraph, whichever occurs first. Areas seeded in the spring shall be inspected for required coverage each immediately subsequent autumn, not later than October 1 st. Areas seeded at any other time shall be inspected each immediately subsequent summer, not later than August 1 st. The required coverage for the first inspection shall be no bare spots larger than one (1) square foot. At the time of the third growing 12 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,13 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67 season inspection, and to meet the success criteria for the natural habitat buffer zone: i. The total ground cover vegetation contributed by all grass, forb, shrub, and tree species present in the project area (planted and volunteer species) is equal to or greater than seventy-percent (70%), ii. No more than ten percent (10%) of the species noted on the site may be noxious weeds or species of weeds as defined by City Code Section 20-41, iii. There is no evidence of detrimental erosion due to rills, gullies or bare spots of ground larger than one (1) square foot, and iv. Survival rate of all planted shrubs and trees is equal to or greater than eighty percent (80%). At the time of the third growing season inspection, there shall be seventy-percent (70%) foliage cover of majority specified species planted as measured from five feet (5) directly overhead. No more than ten percent (10%) of the species noted on the site may be species of weeds as defined by City Code Section 20-41. The Developer shall be responsible for weed control at all times. Determination of required coverage will be measured using a line point intercept method with a number of transects approved by the Environmental Planner, distributed either randomly or on a grid-based pattern, to gain an adequate representation of the seeded areas. Each transect will be ten (10) meters in length with plant species or bare ground/rock/litter being noted every ten (10) centimeters. The Developer shall warrant all seeded areas for three (3) growing seasons from the date of completion. The Developer shall rework and reseed per original specifications any areas that are dead, diseased, contain too many weedy species, or fail to meet the coverage requirement at no additional cost to the City. 3. The Developer shall provide and abide by a Jerome Street Townhomes Natural Habitat Buffer Zone Restoration and Annual Monitoring Plan that encompasses revegetation techniques, monitoring methodology and timeline, and weed management before, during, and after construction, included in Exhibit Y of this Development Agreement, prepared by a qualified natural resource professional and reviewed and approved by the City's Environmental Planner. 4. The Developer shall provide and abide by a Jerome Street Station Prairie Dog Management Plan, included in Exhibit Z, that encompasses all activities related to the removal of prairie dogs from the site, including the method used depending on the timing of construction, and burrowing owl surveys according to Colorado Parks and Wildlife recommended protocols. All prairie dog management activities will occur prior to the commencement of grading or other construction on the Development site, and the removal must be verified through an onsite inspection by the City Environmental Planner and a summary report. 13 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,14 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 5. If prairie dogs are euthanized on the site, the Developer shall submit a payment in lieu fee of$11,688.18 (non-PERC/CO) or $9,546.18 (PERC/CO) to the City of Fort Collis for prairie dog mitigation to the Natural Areas Department prior to issuance of DCP. 6. Fueling facilities shall be located at least one hundred feet (100') from any natural body of water, wetland, natural drainage way or manmade drainage way. The fuel tanks and fueling area must be set in a containment area that will not allow a fuel spill to directly flow, seep, run off, or be washed into a body of water, wetland or drainage way. Fueling facilities not in compliance shall be moved at the Developer's expense. 7. The Developer shall delineate the Development's property boundary adjacent to all Limits of Development (L.O.D.) as defined by Land Use Code Sections 5.1.2 and 3.4.1(N), including boundaries around existing trees that are to be undisturbed, with orange construction fence prior to any type of construction, including overlot grading. F. Soil Amendment. In all areas associated with this Development that are to be landscaped or planted in accordance with the Final Development Plan Documents, and do not require a building permit, the soils shall be loosened and amended by the Developer in accordance with Land Use Code Section 3.8.21 prior to the issuance of a Certificate of Occupancy within the applicable phase of this Development set forth in the Phasing Plan. In all areas associated with this Development that are to be landscaped or planted in accordance with the Final Development Plan Documents, and do require a building permit, the completion of soil amendments shall include certification by the Developer that the work has been completed in accordance with Land Use Code Section 2.14.2. This certification shall be submitted to the City for review and acceptance at least two (2) weeks prior to the date of issuance of any certificate of occupancy in the applicable phase of this Development set forth in the Phasing Plan. G. Ground Water, Subdrains and Water Rights. 1. The Developer, for itself and its successor(s) in interest, hereby agrees to indemnify and hold harmless the City against any damages or injuries sustained in the Development as a result of ground water seepage or flooding, structural damage, or other damage unless such damages or injuries are proximately caused by the City's negligent operation or maintenance of the City's storm drainage facilities in the Development. No language in this Paragraph shall be construed or interpreted as establishing in any way the City's liability for any act or omission and the terms of this Paragraph solely relate to the Developer's obligation to indemnify and hold harmless the City. 14 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,15 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 2. If the Development includes a subdrain system, any such subdrain system, whether located within private property or within public property such as street rights-of-way or utility or other easements, shall not be owned, operated, maintained, repaired or reconstructed by the City and it is agreed that all ownership, operation, maintenance, repair and reconstruction obligations shall be those of the Developer or the Developer's successor(s) in interest. Such subdrain system is likely to be located both upon private and public property and, to the extent that it is located on public property, all maintenance, operation, repair or reconstruction shall be conducted in such a manner that such public property shall not be damaged, or if damaged, shall, upon completion of any such project, be repaired in accordance with then existing City standards. The City shall not be responsible for, and the Developer, for itself and its successor(s) in interest, hereby agrees to indemnify and hold harmless the City against, any damages or injuries sustained in the Development as the result of groundwater seepage or flooding, structural damage or other damage resulting from failure of any such subdrain system. 3. Without admitting or denying any duty to protect water rights, the Developer, for itself and its successor(s) in interest, hereby agrees to indemnify and hold harmless the City against any damages or injuries to water rights caused, directly or indirectly by the construction, establishment, maintenance or operation of the Development. 4. The City agrees to give notice to the Developer of any claim made against it to which the foregoing indemnities and hold harmless agreements by the Developer contained in Paragraph II.G could apply, and the Developer shall have the right to defend any lawsuit based on such claim and to settle any such claim provided the Developer must obtain a complete discharge of all City liability through such settlement. Failure of the City to give notice of any such claim to the Developer within ninety (90) days after the City first receives notice of such claim under the Colorado Governmental Immunity Act for the same, shall cause the foregoing indemnities and hold harmless agreements by the Developer to not apply to such claim and such failure shall constitute a release of the foregoing indemnities and hold harmless agreements as to such claim. H. Hazards and Emergency Access. 1. No stockpiled combustible material will be allowed on the Property until a permanent water system is installed by the Developer and approved by the City. 2. Prior to beginning any building construction, and throughout the build-out of this Development, the Developer shall provide and maintain at all times a reasonable accessway to each building. Such accessway shall be adequate to handle any emergency vehicles or equipment, and the accessway shall be kept open during all phases of construction. Such accessway shall be constructed to an unobstructed width of at least twenty feet (20') with four inches (4") of aggregate base course material compacted according to City standards and with a one hundred foot (100') diameter turnaround at the building end of said accessway. The turnaround is not required if an exit point is provided at the end of the accessway. Prior to the construction of said 15 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,16 of 48,5248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 accessway, a plan for the accessway shall be submitted to and approved by the Poudre Fire Authority and City Engineer. Digital plan sets shall be submitted to the Poudre Fire Authority at 102 Remington Street in Fort Collins for review and processing. If such accessway is at any time deemed inadequate by the Poudre Fire Authority or City Engineer, the accessway shall be promptly brought into compliance and until such time that the accessway is brought into compliance, the City and/or the Poudre Fire Authority may issue a stop work order for all or part of the Development. I. Footing and Foundation Permits. Notwithstanding any provision in this Agreement to the contrary, the Developer shall have the right to obtain Footing and Foundation permits under either of the following circumstances: 1. Upon the installation of all underground water, sanitary sewer, and storm sewer facilities, and an emergency accessway for the Property in which the permit is being requested (the "Required Improvements"). The Required Improvements shall include but not be limited to all mains, lines, services, fire hydrants and appurtenances for the site as shown on the Final Development Plan Documents, within the applicable phase set forth in the Phasing Plan, but shall specifically exclude any dry utilities, such as, by way of example and not limitation, electric and gas lines; or 2. Upon the installation of only those Required Improvements deemed necessary or desirable in order to issue the Footing and Foundation permit as determined in the sole discretion of the City after discussion with the Developer prior to issuance of the Development Construction Permit within the applicable phase set forth in the Phasing Plan. Should the City allow the Developer to install certain Required Improvements after issuance of the Footing and Foundation permit, the remaining Required Improvements that must be installed by the Developer and the timing for such installation shall be memorialized in the Development Construction Permit. The Developer agrees to comply with the Development Construction Permit with regards to the installation and timing of the remaining Required Improvements. J. Development Construction Permit. 1. The Developer shall apply for and obtain a Development Construction Permit for this Development, in accordance with Division 2.6 of the Land Use Code, prior to the Developer commencing construction within the applicable phase set forth in the Phasing Plan. The Developer shall pay the required fees for said Permit and construction inspection, and post security to guarantee completion of the public improvements required for this Development as set forth in Exhibit F, in accordance with the Phasing Plan, prior to issuance of the Development Construction Permit. 2. Prior to the issuance of a Development Construction Permit, the Developer shall obtain the approval of a Construction Management Plan from the City for the applicable phase set forth in the Phasing Plan. The Construction Management Plan 16 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,17 of 48,5248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 shall define the management of the construction of such phase of the Development, establishing the timing, duration, location, delivery and storage of materials and idle equipment; the timing, duration, and location of parking; and the timing, duration and location for the operation of equipment. The Construction Management Plan shall define the impacts (if any) to public rights-of-way, which would then be subject to the Encroachment Regulations as indicated in Paragraph II.D.3 of this Agreement. K. Maintenance and Repair Guarantees. The Developer agrees to provide a two-year maintenance guarantee and, unless a shorter period is set forth in Exhibit B, a five-year repair guarantee covering all errors or omissions in the design and/or construction of the public improvements required for this Development, which guarantees shall run concurrently and shall commence upon the date of completion of the public improvements and acceptance thereof by the City. More specific elements of these guarantees are noted in Exhibit B, attached hereto and incorporated herein by reference. Security for the maintenance guarantee and the repair guarantee shall be as provided in Section 3.3.2(C) of the Land Use Code. Notwithstanding the provisions of Paragraphs III (H) and (1) of this Agreement to the contrary, the obligations of the Developer pursuant to this Paragraph and Exhibit B may not be assigned or transferred to any other person or entity unless the warranted improvements are completed by, and a letter of acceptance of the warranted improvements is received from the City by, such other person or entity. L. Parks Planning and Development. 1. The Developer has identified a Public Access Easement (Easement) suitable for the construction of a portion of the paved recreational trail on the Plat and the Final Development Plan Documents. The Easement is adequate to construct a ten-foot (10') wide paved trail surface located both on private property and in the public right-of- way on the southeast portion of the Development. The regional trail segment is located west of Jerome Street and approximately perpendicular to the Lake Canal Ditch (the crossing of the ditch takes place in the public right-of-way). The Easement of Tract B was identified on the final plat approved by the Park Planning and Development Department. 2. The Developer will construct the paved recreational trail as provided in the Phasing Plan. The trail will be constructed per the standard trail detail, or as otherwise approved the by Park Planning and Development department, prior to construction. 3. The City will maintain the paved trail within the Easement. Permanent maintenance will consist of seasonal mowing of two feet (2') on either side of the trail edges at approximately two (2) to three (3) times per year, snowplowing as needed, and repair/replacement of the trail surface (pavement or crusher fines) due to normal wear and tear. The City does not mow or provide any other maintenance within the Easement. The City will repair or replace any vegetation damaged by future mowing, maintenance, repair or replacement of the constructed trail. 17 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,18 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 4. The Developer and successor/s in interest shall disconnect the irrigation system from the mainline along East Suniga Road to take over the parkway watering and landscaping maintenance in perpetuity. The Developer shall contact the Park Planning and Development department so that the disconnect can be field verified. The Developer has identified a Public Access Easement (Easement) suitable for the construction of a portion of the paved recreational trail on the Plat and the Final Development Plan Documents. The Easement is adequate to construct a ten- foot (10') wide paved trail surface located both on private property and in the public right-of-way on the southeast portion of the Development. The regional trail segment is located west of Jerome Street and approximately perpendicular to the Lake Canal Ditch (the crossing of the ditch takes place in the public right-of-way). The Easement of Tract B was identified on the final plat approved by the Park Planning and Development Department. 5. The Developer will construct the paved recreational trail as contemplated in the Phasing Plan. The trail will be constructed per the standard trail detail, or as otherwise approved the by Park Planning and Development department, prior to construction. 6. The City will maintain the paved trail within the Easement. Permanent maintenance will consist of seasonal mowing of two feet (2') on either side of the trail edges approximately two (2) to three (3) times per year, snowplowing as needed, and repair/replacement of the trail surface (pavement or crusher fines) due to normal wear and tear. The City does not mow or provide any other maintenance within the Easement. The City will repair or replace any vegetation damaged by future mowing, maintenance, repair or replacement of the constructed trail. 7. Property owner or its designee (which may include, without limitation, a property owners' association) shall, in perpetuity, be responsible for irrigation and maintenance of public right-of-way landscaping along the arterial street, East Suniga Road. M. Forestry. 1. A Street Tree Permit must be obtained from the City Forester pursuant to City Code Chapter 27, Article II, Division 2, before any trees noted on the Final Development Plan Documents are planted or pruned on, or removed from, any public right-of-way or City property. This includes areas between the sidewalk and curb, medians, and other City property. The City may withhold any certificate of occupancy for the applicable phase of the Development if the Developer fails to obtain a Street Tree Permit, until the Developer obtains a Street Tree Permit and the planting, pruning, and removal of trees or shrubs on or from the public right-of-way or City property is in compliance with the Street Tree Permit and Final Development Plan Documents. In addition to withholding any certificate of occupancy, the City may avail itself of any other legal remedy provided by law for the failure to obtain a Street Tree Permit. As a condition of the Street Tree Permit and of this Agreement, at least one (1) week prior to planting any trees the Developer shall: (1) allow City Forestry Division staff to inspect the proposed 18 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,19 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 planting sites to review compliance with the Final Development Plan Documents and applicable regulations; and (2) allow City Forestry Division staff to inspect and approve, at the nursery if possible, all trees to be planted. City Forestry has the right to reject and/or substitute any trees that do not meet the Forestry Divisions standards. Existing and new street trees must continue to be watered at a minimum of forty (40) gallons per week during all construction activities to maintain current tree condition in temperatures above forty degrees (400) using irrigation or hauled water sources. If street trees are damaged or die due to lack of water during construction activities, the developer will be charged the value of the trees as per appraisal by City Forestry Division Staff. 2. All tree pruning and removal on the Property must be done by an arborist licensed by the City and the name of such arborist shall be provided to the City Forestry Division prior to any pruning or removal commencing. A list of licensed arborists is maintained by the City Forestry Division and is available upon request or at fcgov.com/forestry. The use of heavy construction equipment, including but not limited to excavators, backhoes, and bulldozers, to remove trees is not allowed without prior Forestry Division written permission. 3. During construction, prior to either DCP issuance or of any demolition, grading, excavation, or site work commencing within any phase of the Property, whichever occurs earlier, tree protection must be installed around all trees that are shown to be preserved within such phase and protected on the Final Development Plan Documents and an arborist licensed by the City must provide written confirmation to the City that such tree protection has been installed. Required tree protection measures are set forth in Land Use Code Section 3.2.1(G) and include, but are not limited to, the requirement that a minimum four foot (4') high barrier be erected no closer than six feet (6') from the trunk or one-half ('/2) the length to the drip line (i.e. the canopy edge), whichever is greater. 4. Prior to landscape work commencing on the Property, the Developer shall schedule a meeting between City Forestry Division staff and the landscapers who will perform the work. 5. Tree protection must be maintained throughout the duration of construction activities within any phase of the Property. At any time during construction, and upon City Forestry Division written notice that tree protection is not adequate for one (1) or more trees, the Developer shall cease construction activities adjacent to such tree or trees until required tree protection measures are in place to the satisfaction of the City Forestry Division. N. Floodplain. 1. Portions of this property are located in the Poudre River 500-year and 100-year floodplain. The Developer shall obtain a Floodplain Use Permit from the City and pay all applicable floodplain use permit fees prior to commencing any construction activity (building of structures, signs, grading, fill, detention ponds, bike 19 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,20 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 paths, parking lots, utilities, landscaped areas, flood control channels, or other activities.) within the Poudre River Floodplain Limits as delineated on the Final Development Plan Documents. All activities in this Development are subject to the flood prevention and protection requirements of City Code Chapter 10. 2. All structures in the 100-year floodplain shall be built in accordance with the Floodplain Protection Detail and in accordance with stated elevations as shown on the grading plan of the Final Development Plan Documents for this Development. This includes elevating the lowest floor and all HVAC, electrical, and mechanical to the regulatory flood protection elevation, which is two (2) feet above the 100-year flood elevation. The regulations stipulate that basements shall be expressly prohibited in any structure built on any of these lots. 3. A FEMA elevation certificate shall be submitted and approved, prior to the issuance of a certificate of occupancy for any structure that is located in the 100- year floodplain. Said certification shall be submitted to the City at least two (2)weeks prior to the date of issuance of the desired certificate of occupancy. 4. Critical facilities as defined by City Code Section 10-16 (which includes essential services facilities, hazardous material facilities, at risk population facilities or government services facilities) are prohibited in the 100-year floodplain and at-risk population or essential services critical facilities are prohibited in the Poudre River 500-year floodplain as delineated on the approved Final Development Plan Documents. 5. For any residential buildings planned in the effective floodplain, no building permits shall be issued for structures until approval of the letter of map revision by the City and by FEMA for this project. 6. The construction staging area, including all storage of equipment and materials shall be located outside the Poudre River 100-year floodplain limits as delineated on the approved plans. 7. All floatable materials (picnic tables, bike racks, tables, chairs, trash dumpsters, etc.) in the 100-year floodplain shall be anchored to prevent floatation. There shall be no overnight parking of unattended vehicles (i.e. fleet vehicles) in the 100-year floodplain. 8. The Developer is required to submit an Emergency Response and Preparedness Plan for each structure in the 100-year floodplain prior to approval of the floodplain use permit. It is the responsibility of the property owner to submit the annual review and conduct practice drills in accordance with the requirements in City Code Chapter 10. 9. Failure to comply with all floodplain requirements in sections 1-8 above shall result in a stop work order and/or the withholding of the issuance of additional 20 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,21 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 building permits and/ or certificates of occupancy until the violation(s) are corrected and approved by the City in accordance with City Code Chapter 10. III. Miscellaneous A. The Developer agrees to provide and install, at its expense, adequate barricades, warning signs and similar safety devices at all construction sites within the public right-of-way and/or other areas as deemed necessary by the City Engineer and Traffic Engineer in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety devices until the construction has been completed. B. As required pursuant to City Code Chapter 20, Article IV, the Developer shall, at all times, keep the public right-of-way free from accumulation of waste material, rubbish, or building materials caused by the Developer's operation, or the activities of individual builders and/or subcontractors; shall remove such rubbish as often as necessary, but no less than daily and; at the completion of the work, shall remove all such waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way. The Developer further agrees to maintain the finished street surfaces so that they are free from dirt caused by the Developer's operation or as a result of building activity. Any excessive accumulation of dirt and/or construction materials shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until the problem is corrected to the satisfaction of the City Engineer. If the Developer fails to adequately clean such streets within two (2) days after receipt of written notice, the City may have the streets cleaned at the Developer's expense and the Developer shall be responsible for prompt payment of all such costs. The Developer also agrees to require all contractors within the Development to keep the public right-of-way clean and free from accumulation of dirt, rubbish, and building materials. C. The Developer hereby agrees that it will require its contractors and subcontractors to cooperate with the City's construction inspectors by ceasing operations when winds are of sufficient velocity to create blowing dust that, in the inspector's opinion, is hazardous to the public health and welfare. D. The Developer shall, pursuant to the terms of this Agreement, complete all improvements and perform all other obligations required herein, as such improvements or obligations may be shown on the Final Development Plan Documents, or any documents executed in the future that are required by the City for the approval of an amendment to a development plan, and the City may withhold (or to the extent permitted by law, revoke) such building permits and certificates of occupancy as it deems necessary to ensure performance in accordance with the terms of this Agreement. The processing and "routing for approval" of the various Final Development Plan Documents may result in certain of said documents carrying dates of approval and/or execution that are later than the date of execution of this Agreement. The Developer hereby waives any right to object to any such discrepancy in dates. 21 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,22 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 E. Nothing herein contained shall be construed as a waiver of any requirements of the City Code or the Land Use Code and the Developer agrees to comply with all requirements of the same. F. In the event the City waives any breach of this Agreement, no such waiver shall be held or construed to be a waiver of any subsequent breach hereof. G. All financial obligations of the City arising under this Agreement that are payable after the current fiscal year are contingent upon funds for that purpose being annually appropriated, budgeted and otherwise made available by the Fort Collins City Council, in its discretion. H. This Agreement shall run with the Property, including any subsequent replatting of all, or a portion of the Property. This Agreement shall also be binding upon and inure to the benefit of the parties hereto, their respective personal representatives, heirs, successors, grantees and assigns. It is agreed that all improvements required pursuant to this Agreement touch and concern the Property regardless of whether such improvements are located on the Property. Assignment of interest within the meaning of this Paragraph shall specifically include, but not be limited to, a conveyance or assignment of any portion of the Developer's legal or equitable interest in the Property, as well as any assignment of the Developer's rights to develop the Property under the terms and conditions of this Agreement. I. In the event the Developer transfers title to the Property and is thereby divested of all equitable and legal interest in the Property, the Developer shall be released from liability under this Agreement with respect to any breach of the terms and conditions of this Agreement occurring after the date of any such transfer of interest. In such event, the succeeding Property owner shall be bound by the terms of this Agreement. J. Each and every term of this Agreement shall be deemed to be a material element hereof. In the event that either party shall fail to perform according to the terms of this Agreement, such party may be declared in default. In the event that a party has been declared in default hereof, such defaulting party shall be given written notice specifying such default and shall be allowed a period of ten (10) days within which to cure said default, or, with respect to any default that, by its nature, will take a longer period to correct, the defaulting party shall be afforded a longer period as may be reasonably necessary, so long as the cure is commenced within the foregoing ten (10) day period and prosecuted diligently to completion. In the event the default remains uncorrected following the expiration of such period, the party declaring default may elect to: (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance or; (c) avail itself of any other remedy at law or equity. K. In the event of the default of any of the provisions hereof by the Developer, which shall require the City to commence legal or equitable action against the Developer, the Developer shall be liable to the City for its reasonable attorney's fees and costs 22 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,23 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67 incurred by reason of the default. Nothing herein shall be construed to prevent or interfere with the City's rights and remedies specified in Paragraph III.D of this Agreement. L. Except as may be otherwise expressly provided herein, this Agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. M. It is expressly understood and agreed by and between the parties hereto that this Agreement shall be governed by and its terms construed under the laws of the State of Colorado and the City of Fort Collins, Colorado. N. Any notice or other communication given by any party hereto to any other party relating to this Agreement shall be hand-delivered or sent by certified mail, return receipt requested, addressed to such other party at their respective addresses as set forth below; and such notice or other communication shall be deemed given when so hand- delivered or three (3) days after so mailed: If to the City: Engineering Development Review City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 With a copy to: City Attorney's Office City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 If to the Developer: Jerome Street Station, LLC c/o Russell Baker 417 Jefferson St Fort Collins, CO 80524 If to the Owner: Jerome Street Station, LLC c/o Russell Baker 417 Jefferson St Fort Collins, CO 80524 Notwithstanding the foregoing, if any party to this Agreement, or its successors, grantees or assigns, wishes to change the person, entity or address to which notices under this Agreement are to be sent as provided above, such party shall do so by giving the other parties to this Agreement written notice of such change. O. When used in this Agreement, words of the masculine gender shall include the feminine and all genders, and when the sentence so indicates, gendered words shall 23 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,24 of 48,5248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 refer to any gender; and words in the singular shall include the plural and vice versa. This Agreement shall be construed according to its fair meaning, and as if prepared by all parties hereto, and shall be deemed to be and contain the entire understanding and agreement between the parties hereto pertaining to the matters addressed in this Agreement. There shall be deemed to be no other terms, conditions, promises, understandings, statements, representations, expressed or implied, concerning this Agreement, unless set forth in writing signed by all of the parties hereto. Further, paragraph headings used herein are for convenience of reference and shall in no way define, limit, or prescribe the scope or intent of any provision under this Agreement. P. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or under any other law. 24 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,25 of 48,S248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation DocuSigned�bAy: '�yI-, V(," # V`Vh By: E 871Q89400 . Kelly DiMartino, City Manager ATTEST: DocuSigned by: Signed by: Rt,ag.c,V' ( ms a�aF�a�aF3 .... FORT Heather L Walls 04 c�ltr City Clerk N Deputy City Clerk SEAL APPROVED AS TO CONTENT: DocuSigned by: COLORA90 IM UAirr F_'".2Zn6B86G 1 City Engineer Tim Dinger APPROVED AS TO FORM: DocuSigned by: Assistant City Attorney Heather N. Jarvis 25 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,26 of 48,5248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67 DEVELOPER: Jerome Street Station, LLC, a Colorado Limited Liability Company By: ` ussell Baker, Manager ATTEST: Kyle Meyer STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this -2Jrk day of OCf4e-r , 20,24 , by ---r Russell Baker as Manager of Jerome Street Station, LLC. i JGCS G� � N Public My Commission Expires: $ 14 1-2C LARA C.SOLT NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20244030688 MY COMMISSION EXPIRES AUGUST 14,2028 26 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,27 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 EXHIBIT A 1. Schedule of electrical service installation. Electrical lines need to be installed prior to the installation of the sidewalk, curb returns, handicap ramps, paving and landscaping. If the Developer installs any curb return, sidewalk or handicap ramp prior to the installation of electrical lines in an area that interferes with the installation of the electrical line installation, the Developer shall be responsible for the cost of removal and replacement of those items and any associated street repairs. 2. Schedule of water lines to be installed out of sequence. Not Applicable. 3. Schedule of sanitary sewer lines to be installed out of sequence. Not Applicable. 4. Schedule of street improvements to be installed out of sequence. Not Applicable 5. Schedule of storm drainage improvements to be installed out of sequence. Not Applicable. 27 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,28 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 EXHIBIT B MAINTENANCE GUARANTEE: The Developer hereby warrants and guarantees to the City, for a period of two (2) years from the date of completion and first acceptance by the City of the public improvements warranted hereunder, the full and complete maintenance and repair of the public improvements constructed for this Development. This warranty and guarantee is made in accordance with the City of Fort Collins Land Use Code. This guarantee applies to the streets and all other appurtenant structures and amenities lying within the rights-of-way, easements and other public properties, including, without limitation, all curbing, sidewalks, bike paths, drainage pipes, culverts, catch basins, drainage ditches and landscaping. Any maintenance and/or repair required on utilities shall be coordinated with the owning utility company or city department. The Developer shall maintain said public improvements in a manner that will assure compliance on a consistent basis with all construction standards, safety requirements and environmental protection requirements of the City. The Developer shall also correct and repair, or cause to be corrected and repaired, all damages to said public improvements resulting from development-related or building-related activities. In the event the Developer fails to correct any damages within thirty (30) days after written notice thereof, then said damages may be corrected by the City and all costs and charges billed to and paid by the Developer. The City shall also have any other remedies available to it as authorized by this Agreement. Any damages that occurred prior to the end of said two (2) year period and that are unrepaired at the termination of said period shall remain the responsibility of the Developer. REPAIR GUARANTEE: The Developer agrees to hold the City of Fort Collins, Colorado, harmless for a five (5) year period, commencing upon the date of completion and acceptance by the City of the public improvements constructed for this Development from any and all claims, damages, or demands arising on account of any errors and/or omissions in the design and construction of public improvements of the Property shown on the approved Final Development Plan Documents; and the Developer furthermore commits to make necessary repairs to said public improvements, to include, without limitation, the roads, streets, fills, embankments, ditches, cross pans, sub-drains, culverts, walls and bridges within the right-of-way easements and other public properties, resulting from failures caused by design and/or construction defects. This agreement to hold the City harmless includes defects in materials and workmanship, as well as defects caused by or consisting of settling trenches, fills or excavations. Further, the Developer agrees that the City shall not be liable to the Developer during the warranty period, for any claim of damages resulting from negligence in exercising 28 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,29 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 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. 29 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,30 of 48,S248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67 EXHIBIT C Standard Operating Procedures (SOPs) for Natural Resources A. Purpose The purpose of requiring landscape elements for development projects includes but is not limited to the following factors: • Contribute to visual quality within and among developments and neighborhoods. • Ensure significant canopy shading to reduce glare and heat build-up. • Enhance the pedestrian environment. • Reduce erosion, decrease stormwater runoff, and mitigate air pollution. • Protect, buffer and complement existing natural features present on development sites. The purpose of incorporating landscape elements that are significant departures from typical residential, commercial, or civic landscapes into the urban setting include, but are not limited to, the following factors: • Ensure water conservation. • Avoid reliance on excessive maintenance. • Create visual variety and species diversity. • Provide functional habitat for people, plants and wildlife. In order for natural resources and landscaping SOPs to be most effective, implementation of Best Management Practices (BMPs) is required. B. Best Management Practices (BMPs) To achieve success criteria, it is essential to align landscape management practices with landscape project area goals. For less traditional landscape elements in particular, proper installation and maintenance is crucial for establishment. To achieve success, maintenance tasks and schedules must be appropriately matched to the project area type and intended function. Maintenance includes routinely scheduled activities, as well as non-routine activities resulting from weather conditions or other unforeseen events. Identifying entities, roles and responsibilities for implementing BMPs for a project area and ensuring adequate budget is allocated for installation and maintenance is critical for achieving vegetation establishment and long-term success. The privately owned project areas described in Section C below are to be established and maintained by the Developer. C. Site-Specific SOPs 30 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,31 of 48,S248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67 The following landscape project areas are subject to SOP requirements.. • Native seed mix areas. • Delineated Natural Habitat Buffer Zone, "NHBZ." The location of the landscape project areas above can be found on the Final Development Plan Documents for the project. SOP Maintenance Summary Table Landscape Ownership / Maintenance Intensity Estimate Project Area Responsibility Native seed mix Private High initially then Low once established. seeded areas Delineated NHBZ Private High initially then Low once established. SOP Plan Project Goal(s) BMPs Area Native seed • Vary by on-site location, • Seed mix called for on plans is applied to no more mix seeded desired aesthetic, and than inch in depth and at most suitable time of areas intended use. year to provide best germination success. • Visual landscape variety. • Re-seed as necessary for proper establishment. • Low water maintenance • Mow as little as necessary for desired aesthetic compared to traditional turf. and Intended use; do NOT mow over shrubs or damage • Habitat and nutritional tree trunks. resources for native and non- native pollinators and • Mow 3-6 ft strips adjacent to walkways as songbirds. necessary for desired aesthetic and intended use. • Actively manage list A,B,C and Watch List Colorado Noxious Weed Species. • Trash, litter and debris removal. NHBZ • Cover and nutritional • No disturbance or storage of materials during resources for local and construction activities. migratory wildlife including native and non-native • Seed mix called for on plans is applied to no more pollinators and songbirds. than inch in depth and at most suitable time of 31 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,32 of 48,5248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 year to provide best chances of germination • Increase species diversity success. with native and non-native herbaceous and woody • Install correct species and sizes of shrubs and species. according to planting specs on plans, clear weed or grass growth around shrubs as necessary; do NOT • Low water use and other mow over shrubs or damage maintenance practices long- tree trunks. term. • Reasonable mowing, thinning or trimming to • Native and non-native grass manage weed species, overgrowth and maintain and forb species growth. trails, paths and maintenance access points. • Native-esque landscape • Allow native grasses to grow to at least 6-8 inches aesthetic. in height or more; ideally once established, no mowing more than 2-3 times annually. • Nature viewing opportunities. • Reasonable management of wildlife pest species • Soil stabilization and reduced as needed if and when necessary. erosion and stormwater runoff. • Re-seed as necessary to establish native and non- native non-weedy grasses and forbs. • Spot spray, hand pull, or weed-whip weeds especially List A,B,C and Watch List Colorado Noxious Weed Species. • Initial temporary irrigation as needed to encourage seed germination and woody plant establishment and stabilization. • Majority of area not mowed or disturbed long-term to ensure habitat for ground nesting wildlife including native and non-native pollinator species. • Trash, litter and debris removal. • Designated pet waste stations to reduce impacts to water quality in the adjacent wetland and lake. D. Success Criteria The landscape project areas will be monitored by the developer in a manner accepted by City Environmental Planner for a minimum of three (3) years, beginning in the first full growing season past initial installation, or until the landscape project area is accepted by the City's Environmental Planner. Progress monitoring may include photo-point monitoring, and vegetative cover and density data collection. Success criteria will be met for the natural habitat buffer zone when line point intercept results performed by City Environmental Planner or approved 32 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,33 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 consultant demonstrate weed species are equal to or less than ten percent (10%), the total desirable ground cover vegetation contributed by all grass, forb, shrub and tree species present in the project area (planted and volunteer species) is equal to or greater than seventy-percent (70%), there is no evidence of detrimental erosion due to rills, gullies or bare spots of ground larger than one (1) square foot, and survival rate of all planted shrubs and trees is equal to or greater than eighty percent (80%). 33 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,34 of 48,S248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67 EXHIBIT D STORMWATER FACILITY STANDARD OPERATING PROCEDURES (SOPS) A. Purpose In order for physical stormwater Best Management Practices (BMPs) to be effective, proper maintenance is essential. Maintenance includes both routinely scheduled activities, as well as non-routine repairs that may be required after large storms, or as a result of other unforeseen problems. Standard Operating Procedures (SOPS) clearly identify BMP maintenance responsibility. BMP maintenance is the responsibility of the entity owning the BMP. Identifying who is responsible for maintenance of BMPs and ensuring that an adequate budget is allocated for maintenance is critical to the long-term success of BMPs. For this project, the privately owned BMPs shown in Section B below are to be maintained by the Developer (or successor in interest which may be a property owner, or Homeowners Association (HOA), or property manager). It is incumbent upon the Developer to keep maintenance records and provide these records to the City upon request. B. Site-Specific SOPS The following stormwater facilities contained within this Development are subject to SOP requirements: - Perforated Subdrain - Storm Drain Lines - Pre-Sedimentation Forebay - Bioretention - Vegetated and/or Cobble Swale The location of said facilities can be found on the Jerome Street Station Utility Plans and Landscape Plans. Required inspection and specific maintenance procedures and frequencies are outlined in the following pages. General maintenance requirements and activities, as well as BMP-specific constraints and considerations shall follow the guidelines outlined in Volume 3 of the Urban Drainage and Flood Control District (UDFCD) Urban Storm Drainage Criteria Manual. 34 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,35 of 48,5248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 SOP Maintenance Summary Table Stormwater Facility/ Ownership/ UDFCD Maintenance Reference BMP Responsibility Perforated Subdrain Private N/A Storm Drain Lines Private Follow guidelines for Storm SewerSy5tem Cleaning (Chapter 5, Source Control BMP Fact Sheet S-12) Pre-Sedimentation Private Follow guidelines for Pre-Sedimentation Fore,bay Forebay (Chapter6, Section 9.0) Bioretention/Bioswale Private Follow guidelines for Bioretention (Chapter6, Section 5.0) Follow guidelines for Grass Buffers and Swale5 Vegetated and/or Private (Chapter6, Section 4.0). Take note of native Cobble Swale vegetation. Also follow recommendations on Landscape Plans and Specifications. Perforated Subdrain The perforated subdrain system storm drain outfall at the bottom of the Low Impact Development (LID) system is critical to the overall function of the system subbase. As such, special maintenance has been identified to ensure these perforated drain systems perform as they were designed. Perforated subdrains leading away from the LID system is designed to provide faster release of water when accumulation occurs under the LID system. Outflow should be seen into downstream storm boxes. If not seen it is recommended that the system is inspected using a video camera to verify no clogging has occurred. Perforated subdrains leading toward the LID system are designed to provide an opportunity for infiltration. These subdrains may lead to a drywell where additional infiltration capacity is available to reduce runoff per the stated LID goals adopted by the City. Routine Maintenance Table 35 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,36 of 48,5248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 Required Maintenance Objective Frequency of Action Action Use a video camera to inspect the condition of the perforated drain pipes. Cleanout pipes as needed. If Inspection Every two to five years. the integrity of the pipe is compromised, then repair the damaged section(s). Where accessible, expose inlet and/or outlet of perforated pipe Inspection Minimum Annually and watch for water inflow and/or outflow. Storm Drain Lines Maintenance Plan Storm drain lines are subject to sedimentation as well as tree roots clogging the flow path or altering the pipe slope. Maintenance is important to ensure these storm drain systems perform as they were designed. Routine Maintenance Table Required Maintenance Objective Frequency of Action Action Use a video camera to inspect the condition of the storm drain pipes. Cleanout pipes as needed. If the Inspection Every two to five years. integrity of the pipe is compromised, then repair the damaged section(s). 36 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,37 of 48,5248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 Pre-Sedimentation Forebay Routine Maintenance Table (Summary from Chapter 6 of UDFCD) Required Maintenance Objective Frequency of Action Action Remove debris and litter as needed. Routine — Including just before annual storm Debris and Litter Floating debris can clog the seasons (that is, April and May), end of storm removal overflow structure season after leaves have fallen, and following significant rainfall events. Remove accumulated sediment Non-routine — Performed when sediment from the bottom of the basin accumulation appears to result in excessive Forebay before it becomes a significant algae growth or mosquito production. This Sediment source of pollutants for the may vary considerably, but expect to do this removal remainder of the pond. Inspect to every approximately every 4 years, as ensure that sediment does not necessary per inspection if no construction result in excessive algae growth or activities take place in the tributary watershed. mosquito production. More often if they do. Inspect to ensure that the facility continues to function as initially Routine —Annual inspection of hydraulic and intended. Examine the outlet for structural facilities. Also check for obvious Inspections clogging, erosion, slumping, problems during routine maintenance visits, excessive sedimentation levels, especially for plugging of outlets. Note the overgrowth, embankment integrity amount of sediment in the forebay and look and damage to any structural for debris at the outlet structure. element. 37 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,38 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67 Bioretention Routine Maintenance Table (Summary from Chapter 6 of UDFCD) Required Maintenance Objective Frequency of Action Action Occasional mowing of grasses and Lawn mowing weed removal to limit unwanted Routine — Depending on aesthetic and vegetative vegetation. Maintain irrigated turf requirements, planting scheme and cover. grass as 2 to 4 inches tall and non- Weeds should be removed before they care irrigated native turf grasses at 4 to 6 flower. inches. Remove debris and litter from bioretention area and upstream concrete forebay to minimize clogging of the sand media. Remove debris and litter from the pond area Routine — Including just before annual storm Debris and litter and outlet orifice plate to minimize seasons and after snow season (April or removal and clogging. Remove debris and litter May), end of storm season after leaves have snow from curb channel and sidewalk stockpiling chase outlets adjacent to pond if fallen, and following significant rainfall events. applicable to minimize clogging. Avoid stockpiling snow in the bioretention area to minimize clogging from sediment accumulation. Inspect detention area to determine if the sand media is allowing acceptable infiltration. If standing Routine — Biannual inspection of the Inspections water persists for more than 24 hours hydraulic performance. after storm runoff has ceased, clogging should be further investigated and remedied. 38 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,39 of 48,5248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 Non-routine — Performed when clogging is Growing media Restore infiltration capacity of due to the migration of sediments deep into replacement bioretention facilities. the pore spaces of the media. The frequency of replacement will depend on site-specific pollutant loading characteristics. Vegetated and/or Cobble Swales Routine Maintenance Table (Summary from Table GS-1, Chapter 6 of UDFCD) Required Maintenance Objective Frequency of Action Action Maintain irrigated grass at 2 to 4 Lawn mowing inches tall and non-irrigated native and Lawn care grass at 6 to 8 inches tall. Collect Routine —As needed. cuttings and dispose of them offsite or use a mulching mower. Keep the swale area clean for Debris and Litter aesthetic reasons, which also reduces Routine —As needed by inspection, but no removal the potential for floatables being less than two times per year. flushed downstream. Remove accumulated sediment near Routine —As needed by inspection. Estimate Sediment culverts and in channels to maintain the need to remove sediment from 3 to 10 removal flow capacity. Replace the grass areas percent of total length per year, as damaged in the process. determined by annual inspection. Check the grass for uniformity of Inspections cover, sediment accumulation in the Routine —Annual inspection is suggested. swale, and near culverts. 39 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,40 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 EXHIBIT E Phasing Plan _ ------ _ ------ - ------- hi y I +1I T rr i .e•- f s � I I m' ;J 6 ffi 4_a M W JEROME STREET STATION ! �EPSI � PHASING PLAN 40 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,41 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67 EXHIBIT F Cost Estimate PROJECTNAME; Jemme S-reet3-a'.ix-Ft--1 DATE: Tuesday.July a.2324 INFRASTRUCTURE ESTIMATED INSPECTION FEE PER DESCRIPTION UNITOF CONSTRUCTION COST TOTALESTINIATED ANTI PER UNIT INFRASTRUCTURE COST UNIT TOTALIN SPECTICIId FEE a:r i•ua�c ii ucaarrw renerrrai MiEASURE i ooyr urnac er rwe iser n+ire nevi 5anitary Sewer System .',ewerhlair U` '-,249 551.2C 3C?.949.9C 32.25 522.3.25 er M.-A. E7,C1 12 Sz 2O3.3C SCC?O3.3C 5173.3C S2 C43.3C Sewer Se-L,.Ss,ub I_I 9C 519033C $12'1033C 51533C S99O33C Sewer hlair Ca-�nect.x2Disconr-1 1 1 5z 25 z MID 3C 53 3C 5733 3C 3 733 3C Sanitary Sewer Inspection Fees $14.980.25 water Sy tem 'J'iater`Ji " LF 77C 542 98 S33 C73.31 52.46 S 2a8.5C oiater C.-i-Gi-r-t 1 3 52 133 3C 37C 193.3C 5'55 3C 3755 3C ^iates 3-rvice Uri St- I1 13 51 1 O3.3G 377 3C+3.3G 5153.3C 5 853.3G iate Valves 1-1 S3 e53.5C 571 903.3C S105.3C SC33.3C pint-=17tmg(,Bend,Tea'C-) EACH 9 S1 Ca3.7, SIG.1O2-5G $oS.CG S' 3.3C ^iater M4ete• t(3e,4'i I1 C 775 3C $3 3C 5133 3C $3 3C ^iates Nete• tr'} I1 1 ,� 525.3E a7 513 C25.3G 3.3C 3133.3G ^late*Mete, ',Q'`I EACH C $3.3C $3-3C 5133.3C $3.3C 'J'iater Nete•�:t t2'i 11 C $3.3C $3.3C SLC3.3C $3.3C 'J'iater M,tete• t(3'1 1-1 C $3 3C $3 3C 510 3C $3 3C �iate=ir-Iydr3m. I-i 3 52 e 6.3E 37E e49.3G �;55.3C 3755.3G.. ^iat,Pita n IF-Lira)' LF C $3.3C $3.3C $2.45 31 5.15 -ire Lne Fitbr (Berms^m'C assi' 11 C $3.3C $13C $o5.3C 51'3.7C Water Inspection Fees 36,g21.ti5 P.ldic Storm Sewer System Storm 1e nta-Cw-+.xete F`'•.pe LF 0 547.5C $3.3C 31.5C $3.3C Box C,'--t LF C $3.3C $3.3C 52 96 $3.3C Storm Co-ta H---'Vlrng�A'alls 1-1 0 511 955 CC $3-3C S2 95� $3 CC Sto-Chase I-1 C $3.3G $3.3C 5233.3C $3.3C. Storm'.Met At'.Types I1 C 59533.oc $1.11 5233.3C $3.3C Sta.•m M.ianh- ESC1 G S.°C53.3C ID IC S1 T7.3C $7.3C.. Public Storrs Inspection Fees $4.00 Street System&Trenching „aC-ng SY t351 $2.4C 51.552.4C A-11 Pavement SY 34 S 17.53 SFC 45 a2.55 558.7C C-Ire Pavement SY C $3.3C $3.3C 52.56 $3.3C CVO S Guyer LF 97 $d 2C se5t39 32.55- 5221.9E Z. de-k" LF QC 527.2@ 311.193.d? 52.56 5 C23.3C -Ies-dan Rumgs I_I 4 5=259.3z all z32.1C S1C3.3C SzC'D DC =re A.-Gra-C-ete SY C $3.3C $3.3C 53.86 $3.3C A- SY C 5 13C $33C S1AC $33C Cwtte•Cross Fa n SY 89 $5.31 3z78.72 52.5C 31?5.g5 n o�AAP-n SY "-15 $3.3C $3.3C S1.4C 5151.3C Ret-ing Ah ,Con-e.M'asm y.Stone; LF C $3.3C $3.3C 'a2 96 $3.3C Trend-St- LF C $3 3C $3 3C S2 3C $3 3C Trent-Sewer LF 958 $3.3G $3.3C 52.3C 52.2O3.4G Trent-'Aate.• LF 83 ID DC $3.3C 52.3C 3144 X Street System Inspection Fees $4.413.80 Excavation Permit Agpli-t- L3 1 $45.3C 545.3C ?."haling HP, C 5?55.3C $3.3C $33.3C $3.3C Bor, LF C $3.3C $3.3C KAC $3.3C Aare-t I-t Fees S= C $43C Pavement Age Excavation Permit Fees $45A0 TOTAL INSPECTION FEES 2 360..70 TOTAL PUBLIC INFRASTRUCTURE COST $417,663.12 Ken Zetye _ `PRIVATE IMPROVENI ENTS R EOUI RING CITY INSPECTION'S MLL N EED TO B E INC LUU EO-H O4WEVER PRIVATE IMPROVEIA E S w1LL NOT BE I NO LURED IN TH E TOTAL INFRASTRUCTURE COST FOR BONDING INCREASE.SIDEWALK LENGTH FOR ANY SIDEWALKS 1MDER THAN 4.5°IN WIDTH'..STANDARD SIDEWALK INSPECTION FEE WIDTH IS 4.5' 41 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,42 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67 PR.OJECTNAMEI Jeme Street Sib§iar-Ftasa2 DATE: Tuesday,July 9,2D24 INFRASTRUCTURE ESTIMATE® INSPECTION FEE PER ❑ESCRIPTION UNIT OF CONSTRUCTION COST TOTAL ESTIMATED gUANTITY l�lT TOTAL INSPECTIONI FEE ":�run�c <i•i ucnn:rwva, r�rros,rcnewts� MEASURE i ovvr PER UNIT INFRASTRUCTURE CAST ew-...e:ui es .s.v.�,�_awuuwuev rMc isei ti�rre nrri Sanitary Sewer Svstem :,barer h%air LF 0 S51.21], $3.DC S2.2ti $1DG 3ewrerC-hlarnde EACH 0 Sz 2C3.DC $D.DC S1I D.DC $D.DC 3ewrer S L ne Stub EACH 0 51903.DC $D.DC 5153.DC Severer Mair Ccrnect-Elisconre`:t EAC1 0 Oz e53.DG $D.DG 523D.DG $D.DG Sanitary Sewer lnspectian Fees $0.00 Water System Pule:Man LF 0 S42.D5 $3.DC S2.4ti $3.DC, 'Plater Canne�-iar; smnraci EACH 0 S2,733.DC $3 DC, S=5i3C, $3 .7C ."rate.,Z--M-Lira 3tAo EACH 0 52.103.DC $D.DC S15D.DC $D.DC "late,Vslves EACH C W C5D.5C $D.oC 5105.0C $3.0c ,"iate'=itng iBwrd'Tea'Cmssl EAC1 0 S1 883.7E $3 DC $55 3C $3 DC "later Riete.�:t i3'4'1 EAC1 0 .75 DC $3 DC 5133 DG $3 DC 'Dialer Mete:�t.'1 EAC1 0 i 825 DC $3 DC 5133 DG $3.DC 'Dialer M.tete�t' ;r2'1 EAC1 0 $3 DC $3 DC 513D DG $3.DC "r'ater Mete,�:t y2'i EACH 0 $D.DC $D.DC Sz03.DC $D.DC ."later Riete, t 31j EACH C $3.0c $D.oC POGO.oC $3.0c rumor.=ire-Ipdran-� EACH 0 5eC'B.oG $3.DC 5=55.oC $1DC.. "iate,Nia n'F-e Lira)' LF 0 $3DC $3 DC 5145- $3 DC =ire L-rre FitSry fBerd^m'C-i' EAC1 G $3 DC,. $3 DC,. $55 3C,. $lx Water Inspection Fees $0.00 Dublin Stonn Sewer System 3tonn Pe'fkrceG C-le�pe LF 0 W1.58 $D.DC S1.5C $D.DC B..C,'vert LF 0 $D.DC $D.DC 52.g5 $D.DC. 3.-C-ete F:�ec V"'g':Falls EAC1 0 311 958.DG $D.DG 32.38 $D.DG 3toTn Cheer EAC1 0 $3.DG $D.DG 3_31,DC $D.DG. St.-nl t Ali Typr EAC1 G S9 833 DC $3 DC .3D DG $3 DC SW_ Nianh- EACH 0 S',C53.DC $3.DC S17D.3C $1DG Public Starm Inspection Fees $0.00 Street System 8 Trenching C;rac.:ng SY 3,518 $2.4C S8.43.2C Aspnalt P--rent 3Y ',418 ,T.83 524.94T.89 5?55- 53809.2t C---t=-Pavement 3Y 73 $3 DC $3 DC 52.55- 5185.1E Cum&Gu-ter LF '''023 $g.DG 51C 125.21 52.55 S2.808.85 S dew.,rk" LF ''+,t330 az"02 S-.753.'.2 52.55 54 Col DC =d-rian P-- EACH 11 S2 859,24 S31 z36.4? S100.DC S'10D.DC =ire A-Gres C-eta SY C $3.0C $D.0C So.85 $0.0C. Aaron SY 3D8 5 1.00 W,3M DC 31.4C 5,27,DC. C;uder Cross Fan 3Y 88 $5.01 34153.57 52,55. 5173.4C,. Dnve Apq-a 3Y 41C $3'DC $3,DC 51.41] 5159.5G Pel.,.:ning'Piw .Cone-e.14-ry.Stanei LF 0 $3 DC $3 DC 52 g8- $3.DC. T--Stem LF 0 $3.DC $3 DC, S2.3C $3.DC, T-n -Sewer LF 0 $D.DC $D.DC 52.3C $D.DC Trenv�-A'ater LF I395 $D.DC $D DC 52.3C S'€2g.5C Street System Inspection Fees $13,872.55 Excavation Permit A.Pli-t- LS 1 $45.3C S45.DC �athalig HP. 0 3355.DC $3.DC $3D.3C $1DG Banrg LF 0 $3.DC $3 DC, SOAC, $3.DC, ?a•.'-1 lrnp3ct Fees S= 0 $D.DC Pa,en.-Age Excavation Permit Fees $45,00 TOTAL INSPECTION FEES 13 917.55 TOTAL PUBLIC INFRASTRUCTURE COST $123,543.13 Ken Zeta e e PRIVATE IMPROV94 ENT&R ECIUI RING rrrY INSPECTION S WILL N EEO TO B E INC LUU ED.HOWEVER PRIVATE IMPROVME SWILL NOT BEI LUDE6INYHEfiCR)S. INFRASTRUCTURE COST FOR BONDING <r INCREASE SIDEWALK LENGTH FOR ANY SIDEWALKS WUER TRAN 4.5`IN WIDTH.STANDARD SIDEWALK INSPECTION.FEE WIDTH IS 4.5- 42 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,43 of 48,S248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 EXHIBIT Y Jerome Street Townhomes Natural Habitat Buffer Zone Restoration and Annual Monitoring Plan Integratetd Site Services Inc. r .,PROFESSIONAL LAINDSCAPU�G SER1ICLS Project:Natural Habitat Buffer Zone Jerome Street Station D:ute:06:05,'23 DESC'RIPTIO_N'OF 11-ORK: This proposal is for the hmAev comtnictiou(le s tie exclusions,for the Landscape of Jerome Street Station.The landscape mill be constructed withrn the project limits according to the project plans and specificatiom.This bid Ls priced assuming that all rough grade-work is done;Mtluu one- tenth of a foot from final grade as,xell as erosion control imtalled prior to our work starting. -Iotal Natural Habitat Suffer Zone Ewuoo Exhibit Pricing:S39,829.50 7RR 36884.0 SF S 015 S 9,221.00 Y Per 1:000 sF) ?4.0 C Y 5 65.00 S 4,#10.00 AFC'OTT0NW00D 7.0 EA S 690.00 S 4,930,00 14ESTERN C'HOKEBERRY 5.0 EA S 599.00 S 2,945,00 R&CKYMOUVTALN RF42ER 3.0 EA S 775.00 S 2,325.00 PONDEROSA PLNE 1.0 EA S 710.00 S 710.00 PF-4LH LEAF 1XT_LOW 3.0 EA S 710.00 S 2,130,00 E-ASTERNREDRUD 4.0 EA S 590.00 S 2,360,00 MOONGLOW JUNUFR 9.0 EA S 76.50 S 688.`0 La.AC TEvJE BROOM 5.0 EA S 67.00 $ 335.00 CENTER GLOW NLNEBARK 10.0 EA S 47.50 $ 475.00 3 Years Maintenance 1.0 LS S 9,000,00 $ g00000 Total 5 39,829.50 ProjectIncluAoru: • Labor and Materials for the line items listed in our bid schedule. Project Exclusions: • Permit;and fees • Redistribution of top soil • Protection or maintenance of existing landscape and irrigation • Irrigation tap and fees • Maiutenance after acceptance • Erosion control • All curse wg;r ll be GC':s responsibility • Demolition of existing structures,vegetation,trees,Lmdscapeng,etc. • Earth-nrork • Irrigation All materkd is guarmteed to be as specified.All work is to be completed in a workmanleke manner accordug to standard practices and project specifications.tiny alteration or deviation from above specifications iuvolvtng extra cost;MU be executed only upon-written orders and mill become an extra charge over avid above the bid.All agreements are contingent upon weather,accidents,or delays beyond our control&;Aver to carry fire, tornado,and other necessir-insurance.It is the o,,nmer's responaibihry to care for and mamtnu the project once final completion is accepted.We look forward to marking together Mth you ou this project. Sincere]r- Integrated site Service,Tuc. -F=C_:970-324-7035•P,G-Box 823•Windsor,CO80550 el,ct^ntegratedsiteserv:ces.cern 43 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,44 of 48,S248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 EXHIBIT Z Jerome Street Station Prairie Dog Management Plan SMITH ENVIRONMENTAL AND ENGINEERING DfIL mny, ^naLr .e.;a-w°°s CCU?Lnn:no. ?eunLtr w Dc>igu TO: RL,,,CI'. Ba' cr Prin:iE.)1, Back Timber L::ud Co. FROM: Rebecca Hannon, CcccafacJ Ecolozi,t Project iLIanagcr Saziath Ene:raurzieataP aac{ Et}�:ucc inn 'SMITH, DATE: ApcLl + _0= P,E: Praicic Doi. 1aua c ncnc P`.'ai�— Iccoti:c Scrcec SLatiot7 ?ill H '::;, PrcParCd ch:, >`.an for tan iC c{o� i i:niccaieczt ::cci :c c fac cl.c FuOPa cd lcratr.e.�-7)crccc Scatioa dcvclopincnc. t Lei l .O cr, ';F.p Oxim.:CCh TI acre, iu Foul Cal an,. C.Olarad o sec atcachcc{ f12LXC?. lc dct.l the ,COPe of•iark tliat SLIITH ,Ll' coLaalcte to rctia.°C black t.:ilCd F.airac dad, CI noing S Iid0l 'MIS: locate.{ uith:n c1:e Iua-its Ofdrscnrbieice. TASK is BURROLTvING OWL SURVEYS All coson:c_ oC inactL e. DroViJC PONOce1,I 1.:ahicat Tor the bru•ro+t ia� att I Arhcec crtr�cctlura`�-The burrotit ink OM I ncscs as Calarac{o train ni d-i'%iirch chrou�h October .id-. cir.if au;° P.caLrac dog .nana Brunt accieitic, ace FcOPO,ed Arid C11C ue,tinZ� �Ca Ou bucra.+ink Old ,urVC,:, rnt_t be cor 'DICte{_ SMITH , : I comp'uc O.1 suit e;, folf0 c uy� d-IC recOnurck)ded�t°rdciiuc-froth Calor:ida Parks and H'L0dc 'CP1V'2021 SCLrtc;, wLl' cansi,t or cluec -cr°a.acc -sec vices cl,ac cLI 1,c conducted :+Ltlzia cMO haLLr, of,uLui,e or suS,ec on d n, ,�ich to+ isit7d, gad no P.,Cc: Ltacion ,A dLLalified the ct'tirc PcOFc c, binocul°.t, to: 1D LlIiMLtc, at cacti ,urr•C, Point; the number Of'L4CYC% 'Doint, skill be �CrCMIIQCd b, the Mc,-of-,i tit on tic Pro?ctt�. A Lccocdcd burro°.tin o°.t•1 Call a L11 be utiliaec{ to increa-C ac{ds Of{etc t oa. SuLic,, shot.].bC in ppcoxut:atClr t}4o ,sec':, befOrc the ,Cl-:CdLL'C ,tact Ot 'rairiC doh Latina Cn?Cut actitctic,.It a :, act id entLfLed an-sacs the CP�V Di,trLcc 11 L0Lfe for chc Fart (_O! u, area harsld be notified. GL Cn tic ,real size of the-at , FUairic dad rltana ct- ent and con,trucdon.CtLVLC1C- 11c dela C.{ until the fall slack) tl.c O c;", 1" Iikcl .na,racc. Ir' O:cls a,z uoc dctCCCec�, aCW_'.t:e, caLa 'DrOCCCC{ a- ,J.CdcLICJ. TASK 2, OPTION A: LIVE RELOCATION R.clocation:, oLa1,, a :nan.I�CMCut OptLou dt=.r:ng ccrtaLn n outh,, bCcau c FUairiC dags c ank)ot be rclaciccd sshcn chc f nlaica Ice PcCgnaac and/ar PLLPs are ,till dCPendcnc an chCu•mother,. If dIC Pcojccc PrOCecd, bCC%cCCa ruly Mel November, E:Lairic do`s Lag be icccDtcd for rclacacion b,: the US Fish and V,'il lifc ScCV cc 111_SFW%S: ac cl-:C PLLJ11O CIZcnilcal Dcrot St.bca,k, for this irccliaJ arc J csccd,cd hc..os DLLrint ochCr tMICS of the car. O'Dtion B L Lli' be rCCOM_.ziendci fv'WW.SMITHDELIVERS.COrO 250 Pemy Lane,Dacom,CO 80514 phone: 720.887,4928 fax 720,887,4680 44 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,45 of 48,$248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-C62F-47A3-96D6-AE73D4F56F67 Colorado Parks and Wildlife Permit A pccmIt is IcgUI Cd feOi11 CP1't'to uclociec pu-i ric :Io;,. Ml H •,,ill ('urlc ,.c Lth F' acic Tinlbcu Lan i Co. d Cld the U sF%l'S CO Obtain a CP\\' rcr111it. Population Estimate The (_P�1 Der lLk: aPPILCJC all rccu.:cs E.oDulaC;u(Y Csnll:atc tOU D:aitLC JOI CQIOU Cs C1.aC are CO bC relocated, I']:is illiO mat Loki also 11'OA-- foe 1CCL1t'iCC PI.-.0(Yil1g alld p. cpacacion of tic rc'c.se site. , ti1(Lalificd :t L]i:ife biology sC ,(•ith SMITH •('i] complccc a FO�.J-Ltion =LI-.late LLs.(Iy"cLst.l CO(Lnr inck:110JOlop b, CVC:sail an Nt,ll:b :1c7Q81, 111xCC LLV C, COLLllts ',s::l be C1D(1JL1CtCd O(1 JLffUCilt dal% CO the 'Droblb, C., o SCiLII, Ln VLULda]S lbOVC ,'��IaUL17�. �lUfCL�llll L'S Li�IIi?e 1�D lCC� CL7 Ci,C 113a\:11:Ui11 CO(LUC CO .CC:Ot:I]C tat' :(YL�L)`L LILL:i[s bda,L `LOL!(W dLl L"Lll` d-.0 .aLL(�-C}'; -LMA CO Dr01-LJC J P.u7DtA.CiO(Y 17(Y e Co the L:F7\\'S. Coterie Identification ��'IthE(Y Cl:c gyrate: COIOI];, P,.-,kric ua...`s 'Lvc 111 g.01-17s C.IICd COtC LCS. I'O .CdLLCC 111:a,CC.ILC,• C-LU- d b the LC'QC:.t LO(1 ?VC:C--,, Pr3LrLC dOy}-, llCCu to be alovcC4 i5 a WAC, "la]C- LUC VCL', CCUZ:Lto7 L:A, SO ChL-, ,(1,I NdUCC 1.1 C1,1C,%bCTOCCll 1ralC„ SMITH •4'll1 Ldcnrllf4 Gild IMF. The COCCr1cs 'YlthLlY d1c CO.O(14 ,O Chat l34] bC alovc Cagcd-.cc Each COCCXLC •4I. be LEAcnc:f,.Ci b-: a 11Ua1bCt, Barrow Dusting f P11 rCL�t.11cs C],aC al: �.:.Lric LgOg b(Ll'L'Otf S aC Cl:c cal9tu c siCC be trcarcd a ith Dc1C. DusC Dc'ca,1crd-mtic— EPA Rc�,,-#4 1 ' . a(1C (tCC� P.Liar Cu traPPi12 SMITH's `'I.CCnsCd al�lalicators : l JU:;C r,.0 I)U:l'O',i'; 011C .LCC1': 91LO1 t0 C .h.2'=Cl I:tLFgCLCS. Live Trapping SMITH ZF L11 LLtil zC -[:a111.,!.i t' CLJF-s bd:CCd ',riCl:stFCCCCLICJ ru:ICd Cuts CO Lcma`-c fualrLc coo-s ThC Cr:�Diil Cr ad +•L1 ndt<dc d-ucL Lva of D:C-baLt(Llg JLI:M' •,+1:Lch Dr.a iC coo`d -LVC all7'=t'CcA Co -I C ::11aCC to C],c C:ap.� ro: o'.cc? bL scvcll di s Of :ice ahtLL:CJ Dll::iC d0l-, 1. I]] be rc:Y1Ot-Cd r.0111 the C::al?,ug f'-CId tc LCIYa(1 fain l.aU:s of Ca-DtU:C an:i ,.ausC:i 1(1 thCl� LILCi LL) a 'DraCCCCCd i:Ca OL] ,HC t nti] Chc d11:," t .19F.ia2 P.ci-iod Ls Ca112:Ctc, If dw Cc1:1Dcuatr<Lc is bdo,t 3 ° F or abovc 7 1' F, pr lrlc do` 4; I be 11-ioveJ.to a DrOCCCCCi.at'Ca '4 Sdi n 1, hat<t's Of C.FCtL L'c.. 1 t'a ps rt LII be .CL-L`-I.CCd aCl la all LCOCtd On beC'sCeti O�CC ancL 1-00 hLs. Each C.LFC(L C; Dla:iic doz 'Lill be mllovcd C•Olr its tmp 1) CC:.LLICd 1cildI&C CCCh(lICi1(I and C:CaCcd f0: f c'ls %k,itlY P,..nhz. 1tl cctiCLdc P.11WCllril] EPA Rcg;, #2110i-1 . -1,lu sex; col cric all i -LPFUOXil;latC -L-C of call 'Dra,:ic do,- tE Lll be VC.ar:icd, UJ Clu PraiiiC club it LI1 bC ICCt:rllCd Ca its trap. An,, uo(Y-Caict a(Y1:11a;s chac:i C C:.ECLm ll be rcic.sCd ilur.CdiatC:,:, 'laaI factors contribt,cc to t11C s(LCCCss of a tULFPu)z CffarC, l`c:ctl Cr l i,vs a sL`(l ficanc LaIC ill F-U.LLrac dOZ Ci'DtU:C st<`CCs„ aLck-tailed 2:7irie dogs arc dlt:vaa] am-i do floc hlbcl'llatC, but tfYC, har-c cxtrcmcl F,u0� `:siO(1 La lo,,c hglu A a Lesu:C, the Irc less actil-c On Claud da,s, and Ci.L. 11a m.11aa(Y In their bLuro+ls far 'CVCral COULCLoCIVC da' il1c1c1:1CllC +CaChcL Huillall JL,-CLLrba(1CC Call also LgCCmi-c ChC succc55 of 3 C:apDkng, effo L't. ociine dOLS cncotal]CCC diar dic,, pciccivc CO be a thrc.L an J-1.:1:1 CJ II L 0(111d Cu, -]U i I U d Lctd 1.lJ LCt LCaC Ll]CO tlmlL bt,r• o . ,A Fe iesC:Lan ,i alk kit On l .,:dcn, 1 , a ❑C]:LC,c :it'LVIUY- dI OLLSIA Cie -lte; o. mc1:1bcus Of a Ct.vvc,. CLc'. COUld all C1Ll-C pia1r dug' Co litovc uilL cr ratlnd, ClWJ)'-' l s l:Cill CJFU,UC ti11c, FoL thcsc :Casulls. .'SiMI I'H lral]:Cars CL.E.D:(1 areas from: a L istallcc t<sul bi(laLU a1's; .nd VC:11aWs CJDtuiCd 1,::.iriC C�O'Qs fl'011- the field OL)", CVCr, fC11 I-LOLLrs, SMITH ENVIRONMENTAL AND ENGINEERING 45 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,46 of 48,S248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 Live Transport P�3inc �Ogs a-L be el3alsportr�- TO thr zC[c,sC s:CC Ln I COYCCCi 'DICI—LI9 C.tck bed oc covicecLq C..Llee PL3.LLc Cogs .t'L1: iclr.in n C1.c.L Cial-, Jt.ulag tran-,Dorc The L'SFy1'S +i:: be respollsib C for dic rc:C,.sc of C!.L L:.itic 3t tllc .!;ended] dcF SMITH l ill tLan,fcL the -DvxLI C to Chcm at dic lc ca,c ,iCC or 3Ll a,'LCCc.4 ul-an 1oCdtLOn a1c3r PLICb a• TASK 2, OPTION 1 DONA+TION If p.L;LL'ic nog man..gclx`.CLIT aCCit'iC LCS are ,C11CdkI'Cd tO OCCUR bct'4 cc December and May, I'vc C.'1F inn ray douat OLI Ca r1�,tor e11a17L1iC.CiaL1 CC(1tC� is CI-C oil:;, tcasiblc opcia(l Evcn thcal, tral9�.in is d.,cot,La�,cd La .Al-x:: in i'N1.; duc to Che poccntL3: 'tor WI,.—[tJU 2 P.LLP, .Ud .11ar]:Cr,• 1 11C fal:o••6Lni ,ubC,—L-A,dC,C be Colorado Parks and Wildlife Notification CPV' rcgt,ires a per:llit onh �41:cn -Dri L c dons .rc Crm-pottcd a:icc• Foi lion-hcnasttci -3ro ects, (--P\V` LCC UC,C, COI11 r1t,ni:.Cia(l 71'LOr CO Chc ,CaLC Of C..' ppiag 'Ind ,t.11LL„1LDn Or' daCLI rCL1C.Ciat1 Of ChC 17U:1111C. Ot 'DC3.:LC d06 s CC 1)OCCd 3[ld �gO'ndtC J from FUojccc .,itc, f0110l.€ML proiCcc COmplccion SMI I'H ll i:l coat3.t chc D1VM for cllc .Lc3 ia1� st.bmLt 3 ( P'lt Dcad Puais D i i - l �. a1 RcR.aCt u0atl hrajcct conlhlCriaL1.. Live Trapping -I L3aaLL1 ?roCCGU�Cs :.cc 2c(lcrall, C,;c s.mc as C,;a,c do .ribe� iLl (��.CI ? Prairie iag, Ls°i:l 170C bC Ccrim-c i from Chm Cr3os bcfouc bcLng CUCll.n:7CL� .LIJ .L-L1. not be ccc3tcd .a,.sti; LnsectLCLdc.. Euthanizi.ng SMIT H L C. izOs Cal 1prC„Cu clCbaL] d.a\.& ( L,.i 235 Ca Ct.ChdnLac Dt3.''LC dal, C3'7Ctired FU.-, riC dag's ic Lll c rjla In them cake s!h..1 s'ill be placed fou. ac a tLric Lnco g'3s chambers. Fo:lo.L:(lg, the An1cLican MCi1c..1 .^Associ non FUOCCiUVCs for caLtllaal..,i. Usllag (-0,, SMITH s'L11 ,ILD,di ,Ub'CCt ChC CJFUtNd FU.-UU C ia�-, To C1':C i t iid-;to 11 7t.0 Chcn- to dccp dnd I:L1' Chcll; yt LChELl .)aUC �4 11-MutC,. 5.-11TH Al. 3 ,0 l;CrfoLn; cr:S LC.1 J l,laC3C.an an each aclu l dCCV to eL)su.0 dC th. Donation SMITH tE Lll stclrC al: CLLt1-L-L(1LZCi arx.LLc dogs In rt'ccacrs 3C tl-:c .\11-( H f.ci iC' far UD Ca anC LlloLlth. ChLs cn-SLl LC, thaC Ll, d:Se d,C Vccco.,, 117c,:_f LC3:l'. flci . i.c�-ic.d SMITH t4 L11 ionaTCaucau pval:Le�-402 co C?;c Rock. hlau(ltli(1 RIPCLX PCag..nl In Fo t Co'.lins s IUC d-IC, .ti'."I bC u,Ci .s fOOd for LC,-.3i_)iliCat'U1 13000 C'S S1.1I1.-H -,3s 11M) �OUaiiU,--. PU.L irLC ii7y1,s Ca Cl-.l, for ovcr five '.'cans.. TASK 3; FUMIGAL7i'IO L"'VC-traPPin` lira CCC,c40 clot CaptUrC 10C%O at tFlr -DLDFLl3x1011 C?;ere L .1.43'„ F,aOFort OLI of inti1vLdLLaI, rl;.0 LVC (lot caTCIULWC BCcat:sC of t1;Ls. SiMI I'H LChi(I t1-LC F.LajCCT arc. t,sLn2, FrCsstlrl7-Cd Cxhdt:at• I'l;C PLCssuLi7cti E~,!...usC RadCLIT ConCro lCr PER(-I LLt li7Cs Ca'.117rc„cC� C.\,13tL,t CO IOCtC from: i ,ll'..11 Lnucoal combt.L,tLOn Ctl{`PtlC � �9041 CO1.I.000ial7, the C\HItL,C i, Caa:Cu .ni COmpuc„Cd for uistullbUtiOL] Mt0 S1i11'H 14111 t.tL1'L7C C?;Ls i 1.ChiUC to ti l bUiro.t's A'ith C(l�'inC CXI-LULL,t. s'1,.;.1;ca(lC.Lzls 3 h:gh [cvc1 of carbon llonoxLdc gas. Oacc 3 bLffrom i, f: lcd tat1-� dic ga,. st L, -D'ug ed '•L:Cl; ,ail �+l;ercb,. -11 anu1-3 , M ChC bl,U�0s' ,1-IOU] t.LCt,Mb to d1c `a, ,A ftc: tlu .(I it i3: CL Ca ti:l Cn C. S1iITH AL11 -DCLfar:ll C�+a fol lotc-LLl, ill,F.CC C.aL7, dtxi LC-C:CdC .11 Off(I SMITH ENVIRONMENTAL AND ENGINEERING 46 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,47 of 48,S248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 h U.tOh" fat i JUUI(1�1, Chac c111C PcaLnc dot- can -,L.uv Lvc :11 d-.rCC tccamicnc� cc 1111gfacc onto the �1CC f=i 1ZciJ)l FVOCDCC'CLCS. It OccdC i, SMITH H can puovLdc trC l-mc is. PCCSSLiCLZC,i C.\!IJLLSC CJ41 011k I?C OLZ bt.C'C'o 4S locatci 100 tccc of moue from awl !:abLCab C SC.L.CCL€L'C uUC CO Dcoa'C1?1Ct]C of ;. C1Cti1CLLt'c �c`L, clon A'[ bL€L'1oa-s aCcJLLLt'LL7g tLL,C'11CL1t 1c1-,in 100 fcCC of a S t rLLC CLLVC'Ca n bC ct Catcd „Id- C O .a.t Li igc,. 01IC A J LC t1 lac VC�U:a CCc4 J 2' Jm-,c SLILIA Li. c Hoa—cvcr. there are significant sourcing issues with CO cartridges at Present,and SI�vUTH cannot guarantee that we will have adequate supply in stock in 2023 `_1litTH a Lll 'Lnc.c sc ctap �_icasLt'. in Cl1C-sC aC'C675 Lco hLDpct•LLl.�' 1r'U1L1r L7_C d-IC ❑CC�i tLx C.1CtLLugC� 1�lcCc:1�C SOlY C0:1)mcc La. '. a4' Ll I'll, 7.CC Un at VC buC cl1C LC �C1L111 11 U. 1LZL� CffIC aC'P 1 C UL1!'L1OLi'C1. TASK 4: COMPLETION REPORT fccv tLlm z1C1on. a CuMD]CtiO...LI �Cr.u'�t � 1:l DC St 11Y..LUCc_4 -U11`.11.a L'i T 1 n g Cl-c 11.,magcmcnc actLv tics that QCCUCVC , lraciLl chat L10 DLJLULC ��o1�s LC11:aic1 �VlthLkl dW IMILtS at ISCLffbiacc. as uld-,(mZ 'E'E C1Vd1111LDVLL7� ;c Ct1 LC1CS Ca proc:ccd R,CcrCLl�Cr 9 2021 PICLo:11MC(WC� Scu`cr s a M� B PLotacu J Accion-, to PLaccct Ncst' Ltcto,+u1g 0,d—,. AvailablC c: !_.CtR cp:+, .;tC CCft'f�.aLa1:11:1cL7�cl- SLI z.c. ?'-000CO] Bu_ru',,in -0,,1- aif. Accc c�_i p.zit 4: 202 3. S.cvcL'San, K E., :l] G. E. P.LLI-II' 1L)Q6. L_0111FJZLSOt1 Of 11 CdlaCAS to CLUMItC DODL,Ia CIIDI1 JCLZS1CLCS Of bl.,` x ;LuLc W!"T'LtC Sociec, U't€11cc.L1 '0:8-)Q—bb SMITH ENVIRONMENTAL AND ENGINEERING 47 RECEPTION#20240051481, 12/2/2024 3:01:48 PM,48 of 48,5248.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Docusign Envelope ID:61641 D52-CB2F-47A3-96D6-AE73D4F56FB7 f " s •. r. ' � B i � r s � s 1 _w p K � t� " r . " 4 " f ; d ` 4 i o F. m v m A h r iP a 3 � r, Legend ,ar S4 iiij' .Arr;3 'J Aero� � N'��s�1# SMITH ENVIRONMEI,fTAL ANL)ENGINEERLNC% ++ 5`I:IV F K)N S i u;3 y Arcs I Illua:`1 l olt,l-do I`I:I)41?i SMITH EN VIRONMENTALAND ENGINEERING 48