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
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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.
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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:
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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.
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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.
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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.
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Proposed Hidden Pond Natural Area Site Plan
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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