HomeMy WebLinkAboutEast Oak Townhomes - Filed DA-DEVELOPMENT AGREEMENT - RECEPTION#20240055781, 12/26/2024 3:33:09 PM,1 of 30,$158.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:9E8F9AEC-813A-47E2-834F-3F86E6A4B2BA
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND EAST
OAK TOWNHOMES, LLC DBA LA VIE LUMIERE
THIS DEVELOPMENT AGREEMENT (the "Agreement"), is made and entered into
on the date of the last signature below, by and between the CITY OF FORT COLLINS,
COLORADO, a Municipal Corporation, hereinafter referred to as the "City"; and East Oak
Townhomes, 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 Section
12, Township 7 North, Range 69 West of the 6th P.M., the City of Fort Collins, County of
Larimer, State of Colorado (hereafter sometimes referred to as the "Property" or, in
context with the proposed improvements, as the "Development") and legally described as
follows, to wit:
East Oak Townhomes Subdivision, being a replat of the following:
PARCEL A:
THE WEST FIFTY (50) FEET OF LOTS 23 AND 24, BLOCK 131, CITY OF
FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO.
PARCEL B:
THE EAST NINTY (90) FEET OF LOTS 23 AND 24, BLOCK 131, CITY OF
FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO.
PARCEL C:
LOT 25, BLOCK 131, CITY OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF COLORADO.
WHEREAS, the Development is known to the City as La Vie Lumiere, formerly
known as East Oak Townhomes, ID## FDP240009, PDP230018; and
WHEREAS, the Developer desires to develop the Property and has submitted to
the City all plats, plans, including utility plans, reports and other documents required for
the approval of a final plan according to the City's development application submittal
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Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:9E8F9AEC-813A-47E2-834F-3F86E6A4B2BA
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; and
WHEREAS, the parties hereto have agreed that the development of the Property
will require increased municipal services from the City to serve the area and will further
require the installation of certain improvements primarily of benefit to the Property and
not to the City of Fort Collins as a whole; and
WHEREAS, the City has approved the Final Development Plan Documents
submitted by the Developer, subject to certain requirements and conditions, which involve
the installation of and construction of utilities and other municipal improvements in
connection with the development of the Property.
NOW, THEREFORE, in consideration of the promises of the parties hereto and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, it is agreed as follows:
I. General Conditions
A. The Recitals set forth above are hereby incorporated in and made a part of
this Agreement by this reference.
B. 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.
C. All water, sanitary sewer, and storm sewer lines, facilities, and
appurtenances, 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 a three
(3) year time limitation from the date of approval of the site specific development plan. If
the Developer commences or performs any construction pursuant hereto after the
passage of three (3) years from the date of approval of the site specific development 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.
D. 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,
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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 have been completed and accepted by the City. No building permits 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.
E. 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. 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 "Special Conditions" in this Agreement.
F. 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.
G. The installation of all utilities shown on the Final Development Plan
Documents shall be inspected by the Engineering Department of the City and shall be
subject to such department's approval. The Developer agrees to correct any deficiencies
in such installations in order to meet the requirements of the plans and/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.
H. 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.
I. 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
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Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:9E8F9AEC-813A-47E2-834F-3F86E6A4B2BA
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.
J. 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
issuance of each building permit.
K. The Developer shall provide the City Engineer with certified Record Plan
Transparencies ("as-built drawings") by electronic file upon completion of each phase of
the construction. Utilities will not be initially accepted prior to as-built drawings being
submitted to and approved by the City.
L. The Developer specifically represents that to its knowledge all property
dedicated (both in fee simple and as easements) to the City associated with this
Development (whether on or off-site) is in compliance with all environmental protection
and anti-pollution laws, rules, regulations, orders and requirements, including solid waste
requirements, as defined by the U. S. Environmental Protection Agency Regulations at
40 C.F.R., Part 261. The Developer further represents that to its knowledge the property
as dedicated to the City pursuant to this Development, is in compliance with all
requirements pertaining to the disposal or existence in or on the dedicated property of
any hazardous substances, pollutants or contaminants, as defined by the Comprehensive
Environmental Response Compensation and Liability Act of 1980, as amended, and
regulations promulgated thereunder. The Developer, for itself and its successor(s) in
interest, does hereby indemnify and hold harmless the City from any liability whatsoever
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Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:9E8F9AEC-813A-47E2-834F-3F86E6A4B2BA
that may be imposed upon the City by any governmental authority or any third party,
pertaining to the disposal of hazardous substances, pollutants or contaminants, and
cleanup necessitated by leaking underground storage tanks, excavation and/or backfill of
hazardous substances, pollutants or contaminants, or environmental cleanup
responsibilities of any nature whatsoever on, of, or related to any property dedicated to
the City in connection with this Development. This indemnity and hold harmless
agreement applies to damages or liability not caused by circumstances arising entirely
after the date of acceptance by the City of the public improvements constructed on the
dedicated property, except to the extent that such circumstances are the result of acts or
omissions of the Developer. Indemnification shall not extend to claims, actions or other
liability arising as a result of any hazardous substance, pollutant or contaminant
generated or deposited by the City, its agents or representatives, upon the property
dedicated to the City in connection with this Development. The City agrees to give notice
to the Developer of any claim made against it to which this indemnity and hold harmless
agreement by the Developer could apply, and the Developer shall have the right to defend
any lawsuit based on such claim and to settle any such claim provided the Developer
must obtain a complete discharge of all City liability through such settlement. Failure of
the City to give notice of any such claim to the Developer within ninety (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.
M. 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
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.
N. 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 Developer or its
successor in interest, which may be a property owner, Homeowners Association, or other
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Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:9E8F9AEC-813A-47E2-834F-3F86E6A4B2BA
legal entity representing all the owners of the properties served by these lines. 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 Developer or its
successor in interest, which may be a property owner, Homeowners Association, or other
legal entity representing all the owners of the properties served by these lines. 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 in the amount
shown in the Final Development Plan Documents prior to beginning construction to
guarantee the proper installation and maintenance and, upon completion, removal of the
erosion and sediment control measures shown on the Final Development Plan
Documents. Said security deposit(s) shall be made in accordance with the criteria set
forth in the City's Stormwater Criteria Manual ("Criteria") referenced at City Code § 26-
500. When said security deposit(s) is a letter of credit or a bond the Developer shall
replace the security no later than 30 days before its expiration date. If the security posted
by the Developer is a Letter of Credit, and such letter has not been replaced or renewed
within 30 days of its expiration date, the City may elect to draw and hold the funds as it
sees fit. The City shall have the option in any case to also withhold building permits and
certificates of occupancy, as stated in Paragraph III.D of this Agreement, as it deems
necessary in order to ensure that at all times the Developer is maintaining appropriate
levels of security to guarantee completion of the erosion and sediment control
improvements. If, at any time, the Developer fails to abide by the erosion control
provisions of the Final Development Plan Documents or the erosion control provisions of
the Criteria after receiving notice of the same or an emergency situation exists which
would reasonably require immediate mitigation measures, then, in either event, and
notwithstanding any provisions contained in Paragraph III.J 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 Plan Documents
and the Criteria are properly enforced. The City may apply such portion of the security
deposit(s) as may be necessary to pay all costs incurred by the City in undertaking the
administration, construction, and/or installation of the erosion control measures required
by 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
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Docusign Envelope ID:9E8F9AEC-813A-47E2-834F-3F86E6A4B2BA
Agreement, as it deems necessary in order to ensure that the Developer installs,
maintains, and ultimately removes the erosion and sediment control measures throughout
the build-out of this Development. When identified, any violations of applicable laws,
regulations, or policies regarding erosion and sediment control are to be corrected
immediately per Part I.D.8 of the Developer's Colorado Discharge Permit System
("CDPS") Permit for Stormwater Discharges Associated with Construction Activity as
required by the Colorado Department of Public Health and Environment ("CDPHE") and
City Code § 26-498, Water Quality Control. If no CDPS Permit is required, violations of
any applicable laws, regulations, or policies regarding erosion and sediment control are
to be corrected immediately as required by the CDPHE and the Environmental Protection
Agency (EPA) in accordance with the Clean Water Act, and City Code § 26-498, Water
Quality Control. Failure to correct any violation shall permit the City to issue a "stop work
order" preventing the Developer from continuing construction of any kind within the
Development until fully corrected. Upon stabilization of the disturbed areas, and upon the
request of the Developer, the City will confirm that the Property is stabilized from potential
erosion and sediment control discharges from construction activities and that all
temporary erosion and sediment control measures used by the Developer are removed.
In confirmation by the City that the Property is stabilized, any remaining portion of the
security deposit that is associated with the adequate maintenance of erosion and
sediment control improvements shall be returned to the Developer.
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. Completion of improvements shall include the
certification by a Colorado licensed professional engineer that the drainage facilities
which serve this Development have been constructed in conformance with said Final
Development Plan Documents. Said certification shall be submitted to the City for review
and acceptance at least two weeks prior to the issuance of any certificate of occupancy
in this Development.
3. For private permanent water quality improvements located on private
property associated with 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
Fort Collins 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
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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 lots must be graded to drain in the configuration shown on the
Final Development Plan Documents. For this reason, the following requirements shall be
followed for all buildings/structures on all lots:
Before the issuance of a certificate of occupancy for any lot or building the Developer
shall provide the City with certification that the lot and/or the building has been graded in
compliance with the Final Development Plan Documents. This grading certification shall:
a. Demonstrate that the lot or building finish floor elevation has been built
in accordance with the elevation specified on the Final Development
Plan Documents.
b. Show that the minimum floor elevation or minimum opening elevation for
any building constructed is in compliance with the minimum elevation as
required on the Final Development Plan Documents.
c. Demonstrate 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.
d. Show that the elevations of all corners of the lot are in accordance with
the elevations shown on the Final Development Plan Documents.
e. Be completed by a Colorado licensed professional engineer and shall
be submitted to the City for review and acceptance at least two weeks
prior to the requested date of issuance of the applicable certificate of
occupancy.
6. The Developer shall obtain the City's prior approval of any changes from
the Final Development Plan Documents in grade elevations and/or storm drainage facility
configuration that occur as a result of the construction of buildings and/or development of
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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. The Developer shall be responsible for maintenance of all storm drainage
facilities not identified as public in the Final Development Plan Documents in accordance
with the Standard Operating Procedures (SOPs) contained in Exhibit C, attached hereto
and incorporated herein. After issuance of a Certificate of Occupancy, such obligation
shall pass to the legal entity representing all owners of the Property.
D. Streets
1. No street oversizing reimbursement from the City is due the
Developer for this Development.
2. As identified in Article III, Chapter 23 of 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) in which the encroachment is
adjacent to 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 new property owner. The permit is revocable pursuant
to the Encroachment Regulations.
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b. The Developer, for itself and its successor(s) in interest, does hereby release and
hold harmless the City from any damages to the encroachment arising from the
City's actions in maintaining, repairing and/or replacing the public infrastructure
including utilities, except as caused by the City's gross negligence or willful
misconduct.
c. The City shall have no responsibility for the installation and maintenance of any
encroachment and the Developer, for itself and its successor(s) in interest, does
hereby indemnify and hold harmless the City from any and all claims that might
arise, directly or indirectly, as a result of the Developer's installation or
maintenance of any encroachments onto the public right-of-way.
d. Only public utilities (defined as utilities owned and maintained by the City and gas
utilities owned by Xcel Energy) or utility providers that have a franchise agreement
with the City are allowed to be installed and located within public rights-of-way and
public easements. Private utilities are allowed to cross public rights-of-way and
easements provided that the crossing is perpendicular to the public right-of-way or
easement, that sleeves are provided for the crossing in accordance with City
standards, encroachment permits for such crossing are obtained, and the utility is
registered with the utility locate center. Any private utilities found within public
rights-of-way or easements not meeting the above criteria serving the Property
shall be required to be removed by the Developer at the Developer's expense or
apply for and obtain an approved Encroachment Permit. All sleeves across the
right-of-way shall be designed and installed in accordance with City standards then
in effect.
e. If there is any conflict between this provision and the Encroachment Regulations,
then the Encroachment Regulations will control. The Developer acknowledges
that, as with any regulation, the Encroachment Regulations are subject to change
and Developer agrees to abide by any changes to the Encroachment Regulations.
3. Notwithstanding any provision herein to the contrary, the Developer
shall be responsible for all costs for the initial installation of traffic signing and striping for
this Development, including 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.
4. Following completion of all public infrastructure improvements, the
Developer shall continue to have responsibility for maintenance and repair of said
improvements in accordance with Land Use Code Sections 2.2.3, 3.3.1, and 3.3.2.
E. 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
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public right-of-way or City property. This includes areas between the sidewalk and curb,
medians, and other City property. The City may withhold any certificate of occupancy for
the Development if the Developer fails to obtain a Street Tree Permit until the Developer
obtains a Street Tree Permit and the planting, pruning, and removal of trees or shrubs on
orfrom the public right-of-way or City property is in compliance with the Street Tree Permit
and Final Development Plan Documents. In addition to withholding any certificate of
occupancy, the City may avail itself of any other legal remedy provided by law for the
failure to obtain a Street Tree Permit. As a condition of the Street Tree Permit and of this
Agreement, at least one week prior to planting any trees the Developer shall: (1) allow
City Forestry Division staff to inspect the proposed planting sites to review compliance
with the Final Development Plan Documents and applicable regulations; and (2) allow
City Forestry Division staff to inspect and approve, at the nursery if possible, all trees to
be planted. City Forestry has the right to reject and/or substitute any trees that do not
meet the Forestry Divisions standards.
2. All tree pruning and removal on the Property must be done by an
arborist licensed by the City of Fort Collins 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 Development Construction Permit
issuance or of any demolition, grading, excavation, or site work commencing on the
Property, whichever occurs earlier, tree protection must be installed around all trees that
are shown to be preserved and protected on the Final Development Plan Documents and
an arborist licensed by the City 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 4 foot high barrier be erected no closer than six (6) feet 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 on the Property. At any time during construction, and upon City
Forestry Division written notice that tree protection is not adequate for one or more trees,
the Developer shall cease construction activities adjacent to such tree or trees until
required tree protection measures are in place to the satisfaction of the City Forestry
Division.
6. Pursuant to Land Use Code Section 3.2.1(F), before issuance of the
Development Construction Permit, the Developer shall submit to the City Forestry
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Division a payment as determined by the City Forester for the removal of City owned trees
specified on the Landscape Plan.
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 § 3.8.21 prior to the issuance of a Certificate of Occupancy in this
Development. In all areas associated with this Development that are to be landscaped
or planted in accordance with the Final Development Plan Documents, and do require a
building permit, the completion of soil amendments shall include certification by the
Developer that the work has been completed in accordance with City Code § 12-132.
This 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 this Development.
G. Historic Preservation
The Developer or the Developer's successor(s) in interest acknowledge that
as of the signing of this Agreement, the abutting lot directly north of the Property, whose
parcel number is 9712357001, ("McIntyre Lot") is designated by the City as a historic
property. As such, the Developer or the Developer's successor(s) in interest agree that a
ten (10) foot setback from the McIntyre Lot shall be in place as long as the McIntyre Lot
retains such designation from the City, and that no permanent structures, including but
not limited to fences above four (4) feet in height, shall be constructed in, or obstruct the
views of the McIntyre Lot. The Developer or the Developer's successor(s) in interest
further agree that landscaping on the Property shall be maintained so as not to obstruct
views of the McIntyre Lot from Matthews Street, and any exterior changes, including but
not limited to landscaping, that would obstruct this view must be reviewed and approved
by City Staff.
H. Ground Water, Subdrains and Water Rights
1. The Developer, for itself and its successor(s) in interest, hereby
agrees to indemnify and hold harmless the City against any damages or injuries sustained
in the Development as a result of ground water seepage or flooding, 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.
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,
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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 this Subsection II.H could apply, and the Developer shall have
the right to defend any lawsuit based on such claim and to settle any such claim provided
the Developer must obtain a complete discharge of all City liability through such
settlement. Failure of the City to give notice of any such claim to the Developer within
ninety (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.
I. Hazards and Emergency Access
1. No stockpiled combustible material will be allowed on the Property
until a permanent water system is installed by the Developer and approved by the City.
2. 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 20 feet with 4 inches of aggregate base course material compacted according
to City standards and with a 100 foot diameter turnaround at the building end of said
accessway. The turnaround is not required if an exit point is provided at the end of the
accessway. Prior to the construction of said accessway, a plan for the accessway shall
be submitted to and approved by the Poudre Fire Authority and City Engineer. Digital plan
sets shall be submitted to the Poudre Fire Authority at 102 Remington Street for review
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and processing. If such accessway is at any time deemed inadequate by the Poudre Fire
Authority or City Engineer, the accessway shall be promptly brought into compliance and
until such time that the accessway is brought into compliance, the City and/or the Poudre
Fire Authority may issue a stop work order for all or part of the Development.
J. Footing and Foundation Permits
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, 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. 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.
K. Development Construction Permit
1. The Developer shall apply for and obtain a Development
Construction Permit for this Development, in accordance with Division 2.6 of the Land
Use Code, prior to the Developer commencing construction. 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, 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.
The Construction Management Plan shall define the management of the construction of
the Development, establishing the timing, duration, location, delivery and storage of
materials and idle equipment; the timing, duration, and location of parking; and the timing,
duration and location for the operation of equipment. The Construction Management Plan
shall define the impacts (if any) to public rights-of-way, which would then be subject to
the Encroachment Regulations as indicated in Paragraph II.D.2 of this Agreement.
L. Maintenance and Repair Guarantees
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The Developer agrees to provide a two-year maintenance guarantee and a
five-year repair guarantee covering all errors or omissions in the design and/or
construction of the public improvements required for this Development, 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. 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.
III. Miscellaneous
A. The Developer agrees to provide and install, at its expense, adequate
barricades, warning signs and similar safety devices at all construction sites within the
public right-of-way and/or other areas as deemed necessary by the City Engineer and
Traffic Engineer in accordance with the City's "Work Area Traffic Control Handbook" and
shall not remove said safety devices until the construction has been completed.
B. As required pursuant to Chapter 20, Article IV of the City Code, the
Developer shall, at all times, keep the public right-of-way free from accumulation of waste
material, rubbish, or building materials caused by the Developer's operation, or the
activities of individual builders and/or subcontractors; shall remove such rubbish as often
as necessary, but no less than daily and; at the completion of the work, shall remove all
such waste materials, rubbish, tools, construction equipment, machinery, and surplus
materials from the public right-of-way. The Developer further agrees to maintain the
finished street surfaces so that they are free from dirt caused by the Developer's operation
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.
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D. The Developer shall, pursuant to the terms of this Agreement, complete all
improvements and perform all other obligations required herein, as such improvements
or obligations may be shown on the Final Development Plan Documents, or any
documents executed in the future that are required by the City for the approval of an
amendment to a development plan, and the City may withhold (or to the extent permitted
by law, revoke) any building permits and certificates of occupancy as it deems necessary
to ensure performance in accordance with the terms of this Agreement. The processing
and "routing for approval" of the various Final Development Plan Documents may result
in certain of said documents carrying dates of approval and/or execution that are later
than the date of execution of this Agreement. The Developer hereby waives any right to
object to any such discrepancy in dates.
E. Nothing herein contained shall be construed as a waiver of any
requirements of the City Code or the Land Use Code and the Developer agrees to comply
with all requirements of the same.
F. If the City waives any breach of this Agreement, no such waiver shall be
held or construed to be a waiver of any subsequent breach hereof.
G. All financial obligations of the City arising under this Agreement that are
payable after the current fiscal year are contingent upon funds for that purpose being
annually appropriated, budgeted and otherwise made available by the Fort Collins City
Council, in its discretion.
H. This Agreement shall run with the 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. If the Developer transfers title to the Property and is thereby divested of all
equitable and legal interest in the Property, the Developer shall be released from liability
under this Agreement with respect to any breach of the terms and conditions of this
Agreement occurring after the date of any such transfer of interest. In such event, the
succeeding property owner(s) shall be bound by the terms of this Agreement.
J. Each and every term of this Agreement shall be deemed to be a material
element hereof. If either party fails to perform according to the terms of this Agreement,
such party may be declared in default. If a party has been declared in default hereof, such
defaulting party shall be given written notice specifying such default and shall be allowed
a period of ten (10) days within which to cure said default. If the default remains
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uncorrected, the party declaring default may elect to: (a) terminate the Agreement and
seek damages; (b) treat the Agreement as continuing and require specific performance
or; (c) avail itself of any other remedy at law or equity.
K. If the default of any of the provisions hereof by the Developer requires the
City to commence legal or equitable action against the Developer, the Developer shall be
liable to the City for the City's reasonable attorney's fees and costs incurred by reason of
the default. Nothing herein shall be construed to prevent or interfere with the City's rights
and remedies specified in Paragraph III.D of this Agreement.
L. Except as may be otherwise expressly provided herein, this Agreement
shall not be construed as or deemed to be an agreement for the benefit of any third party
or parties, and no third party or parties shall have any right of action hereunder for any
cause whatsoever.
M. It is expressly understood and agreed by and between the parties hereto
that this Agreement shall be governed by and its terms construed under the laws of the
State of Colorado and the City of Fort Collins, Colorado.
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: East Oak Townhomes, LLC
c/o Tricia Diehl
148 Remington Street, Suite 100
Fort Collins, CO 80524
With a copy to: Johnson, Muff ly & Dauster
c/o Benjamin D. Kramer
323 South College Avenue, Suite 1
Fort Collins, Colorado 80524
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With a copy to: Adams Bank and Trust
148 Remington Street, Suite 101
Fort Collins, CO 80524
Notwithstanding the foregoing, if any party to this Agreement, or its successors, grantees
or assigns, wishes to change the person, entity or address to which notices under this
Agreement are to be sent as provided above, such party shall do so by giving the other
parties to this Agreement written notice of such change.
O. When used in this Agreement, words of the masculine gender shall include
the feminine and all genders, and when the sentence so indicates, gendered words shall
refer to any gender; and words in the singular shall include the plural and vice versa. This
Agreement shall be construed according to its fair meaning, and as if prepared by all
parties hereto, and shall be deemed to be and contain the entire understanding and
agreement between the parties hereto pertaining to the matters addressed in this
Agreement. There shall be deemed to be no other terms, conditions, promises,
understandings, statements, representations, expressed or implied, concerning this
Agreement, unless set forth in writing signed by all of the parties hereto. Further,
paragraph headings used herein are for convenience of reference and shall in no way
define, limit, or prescribe the scope or intent of any provision under this Agreement.
P. Lender Acknowledgment
1. The City acknowledges that it has been informed by Adams Bank
and Trust, a national banking association (the "Lender"), that the Lender intends to extend
a loan (the "Loan") to the Developer to finance the costs of constructing and equipping
the Development.
2. The City acknowledges that, pursuant to Paragraph III.N of this
Agreement, the Developer has requested that copies of all notices given by the City to
the Developer shall also be given to the Lender at the address set forth therein. The City
further acknowledges that the Lender has a right (but not the obligation) to remedy or
cure any default by the Developer under this Agreement on behalf of the Developer and
that the City will accept such remedy or cure if properly carried out by the Lender on
behalf of the Developer.
3. Nothing contained herein shall be construed to impose any liability
or obligation of the City to the Lender, except as expressly provided in this Paragraph
III.P.
Q. No term or condition of this Agreement shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections, or
other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq.,
or under any other law.
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THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
DocuSigned by:
Uv /0,/_ December 24, 2024
By: e-izsrFa�•rn ...
Kelly DiMartino, City Manager Date
ATTEST: Tyler Marr Deputy City Manager
Ft�
ocusignedby: II1Signed by:
INA��S FFORro
o ........•of
E.aaaasaa�^.. ��;. •..tom
Heather L Walls
City Clerk SEAL
Deputy City Clerk
COLORA�O
APPROVED AS TO CONTENT:
DocuSigned by:
IM UA�i¢l
Tim Dinger
City Engineer
APPROVED AS TO FORM:
DocuSigned by:
F,
Heather N. Jarvis
Assistant City Attorney
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DEVELOPER:
East Oak Townhomes, LLC, a Colorado limited
liability company
By: Library Park Collaborative LLC, a Colorado
limited liability company, Manager
By: t .�
Tricia Diehl, Manager Date
By: )'— 10 et'� t .9,
R bert Davis, Manager Date
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this 2- t day of October,
2024, by Tricia Diehl and Robert Davis as Managers of Library park Collaborative LLC, a
Colorado limited liability company, as Manager East Oak Townhomes, LLC, a Colorado
limited liability company.
16AXU V
tary Public
My Commission Expires:
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EXHIBIT A
1. Schedule of electrical service installation.
Electrical lines need to be installed prior to the installation of the sidewalk, curb
returns, handicap ramps, paving and landscaping. If the Developer installs any curb
return, sidewalk or handicap ramp prior to the installation of electrical lines in an area that
interferes with the installation of the electrical line installation, the Developer shall be
responsible for the cost of removal and replacement of those items and any associated
street repairs.
2. Schedule of water lines to be installed out of sequence.
Not Applicable.
3. Schedule of sanitary sewer lines to be installed out of sequence.
Not Applicable.
4. Schedule of street improvements to be installed out of sequence.
Not Applicable
5. Schedule of storm drainage improvements to be installed out of sequence.
Not Applicable.
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EXHIBIT B
MAINTENANCE GUARANTEE:
The Developer hereby warrants and guarantees to the City, for a period of two (2) years
from the date of completion and first acceptance by the City of the public improvements
warranted hereunder, the full and complete maintenance and repair of the public
improvements constructed for this Development. This warranty and guarantee is made in
accordance with the City of Fort Collins Land Use Code. This guarantee applies to the
streets and all other appurtenant structures and amenities lying within the rights-of-way,
easements and other public properties, including, without limitation, all curbing,
sidewalks, bike paths, drainage pipes, culverts, catch basins, drainage ditches and
landscaping. Any maintenance and/or repair required on utilities shall be coordinated
with the owning utility company or city department.
The Developer shall maintain said public improvements in a manner that will assure
compliance on a consistent basis with all construction standards, safety requirements and
environmental protection requirements of the City. The Developer shall also correct and
repair, or cause to be corrected and repaired, all damages to said public improvements
resulting from development-related or building-related activities. If 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 which occurred prior to the end of said two (2) year period
and which are unrepaired at the termination of said period shall remain the responsibility
of the Developer.
REPAIR GUARANTEE:
The Developer agrees to hold the City 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 the design and construction of public
improvements of the Property shown on the Final Development Plan Documents for this
Development; and the Developer furthermore commits to make necessary repairs to said
public improvements, to include, without limitation, the roads, streets, fills, embankments,
ditches, cross pans, sub-drains, culverts, walls and bridges within the right-of-way
easements and other public properties, resulting from failures caused by design and/or
construction defects. This agreement to hold the City harmless includes defects in
materials and workmanship, as well as defects caused by or consisting of settling
trenches, fills or excavations.
Further, the Developer agrees that the City shall not be liable to the Developer during the
warranty period, for any claim of damages resulting from negligence in exercising
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engineering techniques and due caution in the construction of cross drains, drives,
structures or buildings, the changing of courses of streams and rivers, flooding from
natural creeks and rivers, and any other matter whatsoever on private property. Any and
all monetary liability occurring under this paragraph shall be the liability of the Developer.
The obligations of the Developer pursuant to the "maintenance guarantee" and "repair
guarantee" provisions set forth above may not be assigned or transferred to any other
person or entity unless the warranted improvements are completed by, and a letter of
acceptance of the warranted improvements is received from the City by, such other
person or entity.
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EXHIBIT C
STANDARD OPERATING PROCEDURES (SOPS)
A. Purpose
In order for physical stormwater Best Management Practices (BMPs) to be effective,
proper maintenance is essential. Maintenance includes both routinely scheduled activities,
as well as non-routine repairs that may be required after large storms, or as a result of
other unforeseen problems. Standard Operating Procedures (SOPS) clearly identify BMP
maintenance responsibility. BMP maintenance is the responsibility of the entity owning
the BMP.
Identifying who is responsible for maintenance of BMPs and ensuring that an adequate
budget is allocated for maintenance is critical to the long-term success of BMPs. For this
project, the privately owned BMPs shown in Section B below are to be maintained by the
Developer (or successor in interest which may be a property owner, or Homeowners
Association (HOA), or property manager). It is incumbent upon the Developer to keep
maintenance records and provide these records to the City upon request.
B. Site-Specific SOPS
The following stormwater facilities contained within this development are subject to SOP
requirements:
- Directly Connected Downspouts
- Perforated Subdrain
- Storm Drain Lines
- Sedimentation Sump
- Underground Detention
The location of said facilities can be found on the East Oak Townhomes Utility Plans and
Landscape Plans. Required inspection and specific maintenance procedures and
frequencies are outlined in the following pages. General maintenance requirements and
activities, as well as BMP-specific constraints and considerations shall follow the
guidelines outlined in Volume 3 of the Urban Drainage and Flood Control District
(UDFCD) Urban Storm Drainage Criteria Manual.
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SOP Maintenance Summary Table
Stormwater Facility/ Ownership/
UDFCD Maintenance Reference
BMP Responsibility
Directly Connected
Private N/,4
Downspouts
Perforated Subdrain Private N/A
Storm Drain Lines Private Follow guidelines for Storm Sewer System Cleaning
(Chapter 5, Source Control BMP Fact Sheet 5-12)
Sedimentation Sump Private N/A
Underground Private Follow guidelines for Underground BMPs (Chapter
Detention 6, Section 1Z.0)
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RECEPTION#20240055781, 12/26/2024 3:33:09 PM,26 of 30,5158.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:9E8F9AEC-813A-47E2-834F-3F86E6A4B2BA
Directly Connected Downspouts
Many of the downspouts connect directly to the storm drain system. The following SOP generally
applies to all direct downspout connections.
This SOP can more specifically apply to those which drain directly to the reservoir areas beneath
the Modular Block Pavers. At each of these connections, the downspout discharges to a
perforated drain basin. The drain basins discharge directly to the MBP reservoir. The drain basins
are designed to prevent debris and sediment from entering the MBP reservoir area. Debris and
sediment compromise the functionality and effectiveness of the system.
Routine Maintenance Table for Directly Connected Downspouts
Required
Maintenance Objective Frequency of Action
Action
Inspect the downspout and basin to
ensure the system functions as it
Inspections Routine
was designed. Repair or replace
damaged downspouts as needed.
Sediment, Remove debris and litter from the Routine—just before annual storm seasons
Debris and Litter basin. Remove sediment from the (i.e., April/May); at the end of storm season
removal sump. after leaves have fallen; and following
significant rainfall events.
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RECEPTION#20240055781, 12/26/2024 3:33:09 PM,27 of 30,$158.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:9E8F9AEC-813A-47E2-834F-3F86E6A4B2BA
Perforated Subdrain
The perforated subdrain system storm drain outfall at the bottom of the Low Impact
Development (LID) system is critical to the overall function of the system subbase. As such,
special maintenance has been identified to ensure these perforated drain systems perform as
they were designed.
Perforated subdrains leading away from the LID system is designed to provide faster release of
water when accumulation occurs under the LID system. Outflow should be seen into downstream
storm boxes. If not seen it is recommended that the system is inspected using a video camera to
verify no clogging has occurred.
Perforated subdrains leading toward the LID system are designed to provide an opportunity for
infiltration. These subdrains may lead to a drywell where additional infiltration capacity is
available to reduce runoff per the stated LID goals adopted by the City.
Routine Maintenance Table
Required
Maintenance Objective Frequency of Action
Action
Use a video camera to inspect the
condition of the perforated drain
pipes. Cleanout pipes as needed. If
Inspection Every two to five years.
the integrity of the pipe is
compromised, then repair the
damaged section(s).
Where accessible, expose inlet
and/or outlet of perforated pipe
Inspection Minimum Annually
and watch for water inflow and/or
Outflow.
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RECEPTION#20240055781, 12/26/2024 3:33:09 PM,28 of 30,5158.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:9E8F9AEC-813A-47E2-834F-3F86E6A4B2BA
Storm Drain Lines Maintenance Plan
Storm drain lines are subject to sedimentation as well as tree roots clogging the flow path or
altering the pipe slope. Maintenance is important to ensure these storm drain systems perform as
they were designed.
Routine Maintenance Table
Required
Maintenance Objective Frequency of Action
Action
Use a video camera to inspect the
condition of the storm drain pipes.
Cleanout pipes as needed. If the
Inspection Every two to five years.
integrity of the pipe is
compromised, then repair the
damaged section(s).
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RECEPTION#20240055781, 12/26/2024 3:33:09 PM,29 of 30,5158.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:9E8F9AEC-813A-47E2-834F-3F86E6A4B2BA
Sedimentation Sump Maintenance Plan
The sedimentation sumps located upstream of drywells or infiltration galleries are intended to
reduce the accumulation of sediment and debris in underground systems. These sumps have a
capacity provided for accumulated sediment that must be maintained. These sumps are located
within manholes or inlets as shown on the utility plans and provided with snouts to reduce the
hydrocarbon load dispersed into the undergrounds system that could compromise the
functionality.
Routine Maintenance Table
Required
Maintenance Objective Frequency of Action
Action
Hydrocarbons and sediment will need to be removed
regularly from the inlet. Sediment should be removed
prior to the depth of the water reducing below 2'
from the top of the sediment buildup to the snout
bottom. The layer of hydrocarbons should be
removed from the inlet prior to accumulation beyond
half of the height of the snout. A vacuum truck
Inspections and should be used to remove all sediment, hydrocarbons Routine— Inspect at least
Debris Removal and residual water from the inlet. Remaining every other year or as
sediment may be removed manually and disposed of conditions apply.
in a legal manner. The sump should then be filled
with clean water.
The Snout apparatus should be replaced as age
deterioration occurs and prior to failure. The seal
should be checked regularly to ensure hydrocarbons
are not bypassing the device.
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RECEPTION#20240055781, 12/26/2024 3:33:09 PM,30 of 30,5158.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
Docusign Envelope ID:9E8F9AEC-813A-47E2-834F-3F86E6A4B2BA
Underground Detention - StormTech Subsurface Stormwater Management Chambers
Subsurface stormwater management chambers are located under courtyard area as shown in the
Final Development Plan documents. The primary purpose of this system is to provide detention
quantity storage. However, the chambers and associated Isolator Row provide additional water
quality and low-impact development benefits as well.
An important component of any stormwater BMP is proper inspection and maintenance. The
StormTech Isolator Row is a patented technique to improve Total Suspended Solids (TSS)
removal and provide easy access for inspection and maintenance.
Routine Maintenance Table for Subsurface Stormwater Management Chambers
Required
Maintenance Objective Frequency of Action
Action
Inspect the Isolator Row for sediment.
Inspect immediately following
Using a flashlight and stadia rod,
construction and every 6 months
measure depth of sediment and record
thereafter during the first year of
on maintenance log. If sediment is at,
Inspection of operation. Adjust the inspection
or above, a 1.5" depth Isolator Row
Isolator Row interval based on previous
must be cleaned.
observations of sediment
Reference StormTech Operations &
accumulation and high water
Maintenance Guidelines for further
elevations.
information.
Use a JetVac process with a fixed culvert
cleaning nozzle and a rear facing spread
of 45" or more. Apply multiple passes
If sediment is at, or above, a
Cleaning of of JetVac until backflush water is clean.
1.5" depth Isolator Row must be
Isolator Row Vacuum structure sump as required.
cleaned.
Reference StormTech Operations &
Maintenance Guidelines for further
information.
Inspection of
Inspect and clean all basins, manholes, Follow same schedule as Isolator
Upstream and
and associated structures upstream and Row inspections, or more
Downstream
immediately downstream of the system. frequently, if desired.
Structures
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