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HomeMy WebLinkAboutHIDDEN POND ESTATES HOA - CONTRACT - AGREEMENT MISC - HIDDEN POND ESTATES HOMEOWNERS ASSOCIATION2017 NATURAL AREAS ENHANCEMENT FUND THIS AGREEMENT is made and entered into this 18th day of January, 2018, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (the "City"), and Hidden Pond Estates Homeowners Association (the "Contractor"). WHEREAS, it is the objective of the City to conserve the natural environment of Fort Collins for its wildlife habitat value as a service to the people of Fort Collins; and WHEREAS, the City's Natural Areas Department has selected the Contractor's project, as described below, for funding in accordance with the City's Natural Areas Enhancement Fund guidelines; and WHEREAS, the City Plan policies adopted by the City Council include Open Lands Policy OL-1.2, Urban Development, to encourage and assist efforts by private landowners and organizations to protect, restore or enhance privately owned natural areas within the City's Growth Management Area; and WHEREAS, the City Plan policies also include Open Lands Policy OL-1.4, Partnerships, to develop effective local and regional partnerships with other governmental organizations and the private sector for the protection and preservation of locally and regionally valued open lands; and WHEREAS, as a consequence of these policies, it is part of the mission of the City Natural Areas Department to protect and enhance lands with existing or potential natural areas values; and WHEREAS, the conservation and restoration of natural areas on non-City owned properties is one means by which this mission may be accomplished, as described in the Natural Areas Master Plan approved by the City Council in Resolution 2014-089 on October 7, 2014. NOW, THEREFORE, in consideration of their mutual promises contained herein, the parties agree as follows: 1. The Contractor shall perform the project and use the funds provided under this contract in accordance with the Contractor's Proposal, which is attached as Exhibit "A" and incorporated by this reference. 2. Any modification of the performance of this project from that indicated in the Contractor's Proposal, must receive prior written approval of the City. 3. For performance of this project, the Contractor shall receive two thousand and two hundred and fifty dollars ($2,250.00), which shall be expended by the Contractor by June 15, 2019, in accordance with the Natural Areas Enhancement Fund Guidelines, which are attached as Exhibit "B" and incorporated herein by this reference, with the exception that funds are only to be used for Russian olive removal and to purchase and plant native trees and shrubs. 4. The Contractor shall provide the City with a written evaluation and fiscal report, including copies of receipts for expenditures with the funds on this project no later than June 15, 2019. 5. The Contractor shall acknowledge receipt of this City support by displaying a sign provided by, or approved by, the City at the site and include the following statement in all materials relating to the project funded: THIS PROJECT IS SUPPORTED BY FUNDING FROM THE CITY OF FORT COLLINS NATURAL AREAS ENHANCEMENT FUND Page 1 DocuSign Envelope ID: 67163E46-38BF-4892-952A-848A780BFF13 6. The Contractor agrees to make all records pertaining to activities carried out under this Contract available to the City for audit upon request for at least 3 years following the fulfillment of this Contract. 7. If any provision of this Contract is not met in the manner and time specified by the Contractor, the Contractor will be in breach and the City may terminate the Contract. Upon such termination, the Contractor will return to the City all funds paid in accordance with this Contract within (30) days following receipt of the written request from the City to do so. 8. This Contract is not assignable without prior written consent of the City. 9. The Contractor hereby represents and warrants that it is the owner of, or in the event it is not the owner, had the permission of the owner of, the site upon which the proposed activities will take place, and further represents and warrants that it is fully authorized to undertake the activities set forth in Exhibit “A.” 10. The term of this Contract shall be from the date of signature (reverse) to June 15, 2019. 11. At all times during the term or performance of this Contract, the Contractor shall strictly adhere to all applicable federal, state and local laws, rules and regulations that have been or may hereafter be established. 12. The signatories aver that to their knowledge no City employee has a personal or beneficial interest whatsoever in the service or property described herein. 13. The Contractor shall indemnify, save and hold harmless the City, its officers, employees, and agents, against any and all claims, damages, liability, and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, its employees, agents, subcontractors, or assignees pursuant to the terms of this Contract. 14. The Contractor, if an individual, must; A. Produce either a valid Colorado driver’s license or a Colorado identification card; a U.S. military card or military dependent’s identification card; a U.S. Coast Guard merchant mariner card; or a Native American tribal document; and B. Execute an affidavit stating that he or she is a U.S. citizen or legal permanent resident or that he or she is otherwise lawfully present in the U.S. pursuant to federal law. 15. The Contractor represents and agrees that: A. As of the date of this Agreement: 1. The Contractor does not knowingly employ or contract with an illegal alien; and 2. The Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “Basic Pilot Program”) in order to verify confirm the employment eligibility of all newly hired employees that the Contractor does not employ any illegal aliens. B. The Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or knowingly enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employs or contracts with an illegal alien to perform work under this Agreement. Page 2 DocuSign Envelope ID: 67163E46-38BF-4892-952A-848A780BFF13 DocuSign Envelope ID: 67163E46-38BF-4892-952A-848A780BFF13 EXHIBIT A 2017 NATURAL AREAS ENHANCEMENT FUND APPLICATION FORM SITE NAME: Hidden Pond Estates SITE SIZE (natural areas portion only): 7.22 (acres) SITE ADDRESS/LOCATION: 3405 Hidden Pond Drive, Ft Collins, CO 80525** HOA President’s mailing address. NAME OF APPLICANT(S):Hidden Pond Estates Homeowners Association CONTACT PERSON: HOA President Stephen Clarke ADDRESS: 3405 Hidden Pond Drive, Ft Collins, CO 80525 PHONE: (970) 215-1156 E-MAIL (if available): stephen.clarke@broadcom.com MAIN OBJECTIVE(S) OF PROJECT: 1. Control the occurrence and spread of noxious weeds; 2. Restoration and enhancement of native plants in the open space; 3. Provide suitable habitat for wildlife connected to habitats via the Fossil Creek Ditch with other Ft. Collins natural areas; DESCRIPTION OF PROJECT (INCLUDE SPECIES, NUMBER, AND SIZE OF NATIVE PLANTS TO BE PLANTED; NATIVE SPECIES SEED MIX AND SIZE OF AREA TO BE SEEDED; SPECIES LIST OF EXOTIC PLANTS TO BE REMOVED) (Please include scientific names DocuSign Envelope ID: 67163E46-38BF-4892-952A-848A780BFF13 for native species to be planted, not just the common names): Western Hawthorn (Crataegus FHrip macracantha var. occidentalis) Cottonwood (Populus spp.) Red-osier Dogwood (Swida sericea) True Mountain Mahogany FHupl (Cercocarpus montanus) Saskatoon Serviceberry (Amelanchier alnifolia) SCHEDULE OF PROJECT: Initiate removal of Russian olive and commence application of targeted herbicides April/May 2018 and then second application of herbicides September 2018. Plant trees shrubs in early Spring after ground thaws and depending on availability of plant stock. TOTAL PROJECT BUDGET: $ _2,750 (first year) FUNDING PROVIDED BY APPLICANT: $ ____500____________ FUNDING REQUESTED FROM NATURAL AREAS FUND: $ ____2,250____________ SOURCE(S) OF APPLICANT FUNDING: Funds will come from HOA budget. STATEMENT OF VOLUNTEER COMMITMENT: HOA and homeowners commit to contracting the identified work that will be contracts (tree removal and herbicide application) and then will separately provide labor to plant trees and overseed areas with native grasses as needed. HOA and homeowners will apply herbicides that are readily available at nurseries and that do not require special equipment or certification to apply. DocuSign Envelope ID: 67163E46-38BF-4892-952A-848A780BFF13 2017 ENHANCEMENT FUND BUDGET WORKSHEET (Please attach quotes for any proposed work to be done by contractors, e.g., Russian olive removal by a landscape company.) Plant or Seed Material: Trees Shrubs Grasses Wildflowers and other forbs Depending on Availability and cost the following will be targeted: 10+ 5-gallon plants per year (~$250) Western Hawthorn (Crataegus FHrip macracantha var. occidentalis) Cottonwood (Populus spp.) Red-osier Dogwood (Swida sericea) True Mountain Mahogany FHupl (Cercocarpus montanus) Saskatoon Serviceberry (Amelanchier alnifolia) Native grass mix (to be determined based on site conditions after treatment of noxious weeds) Exotic Pest Shrub/Tree Removal: Tools Equipment rental/Contractor Other Mechanical removal of Russian olive (~$1,000) Herbicide application spring and fall (~$500 each season = $1,000) Grading: Tools Equipment rental/Contractor Structural Materials: DocuSign Envelope ID: 67163E46-38BF-4892-952A-848A780BFF13 Fencing Rock Other__________________ Irrigation: Hoses/piping/sprinkler parts Equipment rental/Contractor Safety Features: Wheelchair access aids Refuse receptacles Motor vehicle barriers Interpretive/Educational Material: Signage Other Other expenditures (list):  Plant materials = $250  Contract Herbicide Application = $1,000  Contract Russian Olive removal & disposal = $1,000  Purchase misc. herbicides & native grass seed, rent post hole drill, etc. = $500 TOTAL PROJECT BUDGET: $____2,750______ (Lines 1- 8) AMOUNT PROVIDED BY APPLICANT: $_500__________ AMOUNT REQUESTED FROM NATURAL AREAS FUND: $___2,250________ ATTACH RECENT PHOTOGRAPHS OF SITE. DocuSign Envelope ID: 67163E46-38BF-4892-952A-848A780BFF13 Photo 1. SE Corner of Hidden Pond Open Space. Photo 2. Eastern edge of Hidden Pond Open Space. Note Fossil Creek Ditch in center right of photograph and Topminnow Natural Area in the background. DocuSign Envelope ID: 67163E46-38BF-4892-952A-848A780BFF13 Photo 3. Northwest view of pond and open space on Northern edge of Hidden Pond Estates. Photo 4. Southest view of pond and managed area around pond. DocuSign Envelope ID: 67163E46-38BF-4892-952A-848A780BFF13 Photo 5. Northern edge of Hidden Pond Estates property open space with trail. Photo 6. View of managed and unmanaged open space in Hidden Pond Estates. DocuSign Envelope ID: 67163E46-38BF-4892-952A-848A780BFF13 Proposed Hidden Pond Natural Area Site Plan DocuSign Envelope ID: 67163E46-38BF-4892-952A-848A780BFF13 The Site Plan has been divided into 4 management zones. The zones and their management activities are:  Zone 1 – Easement to Fossil Creek Ditch: This area is mowed to maintain access but it remains a functioning grass area and corridor for wildlife to move.  Zone 2 – Upland/grassland: This area will be managed to provide suitable wildlife habitat for nesting birds such as meadow lark, and also provide a cover for small mammals. Management activities will target the removal and control of noxious plants.  Zone 3 – Pond, springs, riparian vegetation: These areas will be protected from the application of herbicides and managed to provide nesting, roosting, and breeding habitat for amphibians. The large trees along the shore of the pond provide suitable nesting and roosting habitat for birds and bats.  Zone 4 – Trail/mowed common space: The trail and prism of the trail and some pockets on the north side of the pond and trail will be mowed to maintain the open character of the trail. The prism including the trail is about 16 feet wide and constitutes about 1 acre of the 7.22 acres of common area. In addition to mowing, management activity will include application of herbicide to reduce the occurrence and spread of noxious weeds. DocuSign Envelope ID: 67163E46-38BF-4892-952A-848A780BFF13 DocuSign Envelope ID: 67163E46-38BF-4892-952A-848A780BFF13 DocuSign Envelope ID: 67163E46-38BF-4892-952A-848A780BFF13