HomeMy WebLinkAboutNORTH COLLEGE MARKETPLACE AND NORTH COLLEGE MARKETPLACE SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2010-04-19RECEPTION#: 20100019388, 04/08/2010 at
11:53:39 AM,
1 OF 98, R $491.00 TD Pgs: 0
Scott Doyle, Larimer County, CO
DEVELOPMENT AGREEMENT
THIS AGREEMENT ("Agreement"), is made and entered into this '_; ra day of
Pie J , 2010, by and between the CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, hereinafter referred to as the "City'; and NORTH COLLEGE
MARKETPLACE, INC., a Colorado corporation, hereinafter referred to as the
"Developer"; and 1908 NORTH COLLEGE, LLC, a Colorado limited liability company,
hereinafter referred to as the "Owner".
WITNESSETH:
WHEREAS, the Owner owns, and the Developer will be developing, that certain
real property situated in the County of Larimer, State of Colorado, (hereafter sometimes
referred to as the "Property" or "Development") and legally described as follows, to wit:
North College Marketplace and North College Marketplace Second Filing,
collectively located in Section 36, Township 8 North, Range 69 West of the 6th
P.M., City of Fort Collins, County of Larimer, State of Colorado.
WHEREAS, the City has approved the final plan for North College Marketplace
("1st Filing") subject to certain requirements and conditions, which involve the installation
of and construction of utilities and other municipal improvements in connection with the
Property, all as set forth on the plats, plans (including utility plans), reports and other
documents required for such final plan (the 1st Filing Final Development Plan
Documents"); and
WHEREAS, the parties hereto, in connection with the 1st Filing, have executed a
development agreement dated August 31, 2009 ("1st Filing Development Agreement");
and
WHEREAS, the Developer has now submitted to the City all plats, plans
(including utility plans), reports and other documents required for the approval of a final
plan for the North College Marketplace 2"d Filing ("2"a Filing"), all in accordance with the
City's development application submittal requirements master list (the v2nd Filing Final
Development Plan Documents") copies of which are on file in the office of the City
Engineer and made a part hereof by reference; and
WHEREAS, the parties hereto now desire to enter into a development agreement
for both the 1st Filing and the 2"d Filing, which development agreement is intended to
supersede in its entirety the 1 st Filing Development Agreement; and
No. College Markelplacc Dev Agr
FINAL I-29-10 1
City Cierk's Office, Form Collins, Colorado
D. Streets.
1. Subject to the conditions of this Agreement, the City agrees to
reimburse the Developer for oversizing public street improvements along Willox Lane
for those portions of said street abutting the Property as shown on the Final
Development Plan Documents. Reimbursement for Willox Lane shall be for oversizing
the sidewalk from local (access) standards to minor arterial standards. The City shall
make reimbursement to the Developer for the aforesaid oversized street improvements
in accordance with Section 24-112 of the Code of the City. The Developer agrees and
understands that the City shall have no obligation to make reimbursement payments for
street oversizing unless funds for such payments shall first have been budgeted and
appropriated from the Street Oversizing Fund by the City Council; and the Developer
further understands that to the extent that funds are not available for such
reimbursement, the City may not, in the absence of the Developer's agreement, require
the construction, at the Developer's expense, of any oversized portion of streets not
reasonably necessary to offset the traffic impacts of the Development. The Developer
does hereby agree to construct the aforesaid oversized street improvements with the
understanding that the Developer may not be fully reimbursed by the City for the cost of
such construction. The Developer further agrees to accept payment in accordance with
Section 24-112 (d) of the Code of the City as full and final settlement and complete
accord and satisfaction of all obligations of the City to make reimbursements to the
Developer for street oversizing expenses. It is anticipated by the City that the City's
reimbursement, in accordance with Section 24-112 (d), would not be less than fifty
percent (50%) of the Developer's actual expenses incurred and will be calculated in
accordance with the formula as set forth in Section 24-112 (d).
2. It is understood that the improvements that are to be constructed in
the public right-of-way as described in this Section II(D) are "City improvements" (as
defined below) and, as such, any contract for the construction of the same must be
executed in writing. If the cost of such improvements exceeds the sum of Thirty
Thousand Dollars ($30,000), the contract for the construction of the same must be
submitted to a competitive bidding process resulting in an award to the lowest
responsible bidder; and evidence must be submitted to the City prior to the
commencement of the work showing that the award was given to the lowest responsible
bidder. If the cost of such improvements exceeds Fifty Thousand Dollars ($50,000), the
contract for the construction of the improvements must be insured by a performance
bond or other equivalent security. For purposes of this paragraph, the term "City
improvements" shall mean either (1) existing improvements owned by the City that are
to be modified or reconstructed, or (2) any improvements funded in whole or in part by
the City.
3. The City has agreed to manage and construct improvements to
College Avenue and Willox Lane ("Off -Site Improvements") as part of the
Redevelopment Agreement. In addition, because the Off -Site Improvements abut the
Property, the Developer acknowledges and agrees that the City shall have the right to
No. College Marketplace Dev Agr
FINAL 1-29-10 10
access the Property for the purposes of constructing, inspection, and management of
the Off -Site Improvements.
4. Notwithstanding any provision herein to the contrary, the Developer
shall be responsible for all costs for the initial installation of traffic signing and striping
for this Development, including both signing and striping related to the Developer's
internal street operations and the signing and striping of any adjacent or adjoining local,
collector or arterial streets that is made necessary because of the Development, with
the exception of North College Avenue and Willox Lane.
5. The landscaping and associated irrigation system located in the
medians within Willox Lane adjacent to this Development shall be maintained by the
City during the warranty period for installation of such improvements. At the end of
such warranty period, the Developer shall have the right to inspect such improvements
and shall give the City written notice of any needed maintenance, repair, or replacement
of such improvements. The Developer shall have no obligation for maintenance of such
improvements unless and until the City has maintained, repaired or replaced such
improvements as required to bring them into full compliance with all applicable
governmental standards therefor. After acceptance by the Developer, which
acceptance shall not be unreasonably withheld, all maintenance of the landscaping and
the irrigation of said landscaping within such medians shall be those of the Developer or
the Developer's successor(s) in interest. Upon completion of the Willox Lane median
improvements adjacent to this Development, the City shall provide as -built drawings of
the same to the Developer. To the extent that said landscaping and associated irrigation
system is located on public property, all maintenance, operation, repair and
reconstruction by the Developer or the Developer's successor(s) in interest (after
completion of said warranty period and acceptance by the Developer as described
above), shall be conducted in such a manner that such public property shall not be
damaged, or if damaged, shall be repaired in accordance with then existing City
Standards. In addition, pursuant to said Developer's responsibility towards the
maintenance of the landscaping and the irrigation of said landscaping within such
medians, the Developer hereby indemnifies and holds the City harmless from any
damage caused to the roadway (concrete, asphalt, curb and gutter) if such damage is
caused, directly or indirectly, by the acts or omissions of the Developer or the
Developer's successor(s) in interest (and not because of the City's design or installation
of the landscaping and associated irrigation improvements), in irrigating the landscaping
within the medians on Willox Lane abutting the Development. Notwithstanding any
provision in this Agreement to the contrary, this indemnity may be assigned only to a
bonafide business association or to one or more of the owners of the Property which
has lawfully assumed the irrigation obligation from the Developer and only if such
assignment is in writing and duly and lawfully executed by such assignee and approved
in writing by the City (which approval shall not be unreasonably withheld) and recorded
with the Larimer County Clerk and Recorder.
6. Following completion of all public infrastructure improvements and
in accordance with Sections 2.2.3, 3.3.1 and 3.3.2 of the Land Use Code of the City, the
No. College Marketplace Dev Agr
FINAL 1-29-10 11
Developer shall continue to have responsibility for maintenance and repair of public
storm sewer, water and sanitary sewer and street system public improvements (but not
to include any obligations for the Wetlands/Detention Area).
7.
(a) The Developer has purchased that portion of Grape Street
described and depicted on Exhibits "G-1" and "G-2", respectively,
attached hereto and incorporated herein ("Grape Street Purchase"),
subject to a reserved Utility Easement over the entire Grape Street
Purchase, and a reserved Public Access Easement over the easternmost
23 feet of the Grape Street Purchase.
(b) The Developer has performed certain work in accordance with
the Final Development Plan Documents, and will be performing additional
work in connection with such plans, on that portion of Grape Street
described and depicted on Exhibits "H-1 "and "H-2", attached hereto and
incorporated herein (the 'Temporary Construction/Access Easement
Area"). The City has granted to the Developer a temporary access and
construction easement for access to, and construction of, such
improvements (the "Temporary Construction/Access Easement").
(c) In accordance with the Final Development Plan Documents, it
is agreed that there shall be no direct access to Grape Street from College
Avenue but driveway accesses to Grape Street shall be permitted by the
City to adjacent residences and businesses as shown on the Final
Development Plan Documents ("Driveway Accesses"). In accordance with
the Final Development Plan Documents, the City hereby grants
permission to the Developer to access and grade that portion of Grape
Street described and depicted on Exhibits "I-1" and "1-2" attached hereto
and incorporated herein, for the purpose of providing the Driveway
Accesses. The Developer hereby expressly assumes all installation
obligations for the Driveway Accesses and, further, assumes all
maintenance obligations for that portion of Grape Street shown on Exhibit
1-2", which maintenance shall not include snow removal. It is anticipated
that, in conjunction with the Grape Street Purchase, the assigning of
certain maintenance and repair responsibilities will be established
between the Developer and/or one or more of the property owners within
the Property. Access from Grape Street through the 2" Filing shall be
provided to adjacent residences and businesses via a public access
easement dedicated by the Developer on the 2nd Filing subdivision plat
over connecting roadways within the 2"d Filing. The Developer agrees to
provide one sign identifying Grape Street in a form and location mutually
agreed upon by the City and the Developer.
No. College Marketphwe Dev Agr
FINAL 1-29-10 12
(d) The Developer agrees to work with the United States Post
Office to provide for an acceptable location for mailboxes for the adjacent
Grape Street residences which shall not be located within Grape Street
but shall be reasonably convenient to such residences.
8. The Final Development Plan Documents require certain
landscaping improvements between the curb and the sidewalk adjacent to North
College Avenue and to Willox Lane. The Developer shall install such landscaping in
accordance with the Final Development Plan Documents and the maintenance thereof
shall be the responsibility of adjacent property owners within the Development.
E. Natural Resources
1. The following process will be used for ongoing inspection during the
construction work. A pre -construction meeting will be held to review the construction
methods and schedule for the work on the wetlands pursuant to the Final Development
Plan Documents. City staff will inspect the site on a daily basis.
2. All plant material shall be inspected in the field by the City's
Environmental Planner prior to installation. Developer's contractor shall provide 72
hours advance notice to allow said inspection to occur.
3. All wetlands and uplands shall be maintained and inspected in
accordance with the "Mitigation Monitoring Program Summary for the North College
Marketplace Project" dated February 5, 2009, attached hereto as Exhibit "C" and
incorporated herein by reference (the "Monitoring Plan").
4. Prior to the conveyance of the Wetlands/Detention Area to the
URA, the Developer shall provide all verification and dedication as required in the
Redevelopment Agreement and in accordance with the Final Development Plan
Documents.
(a) Neither the Developer nor its contractor shall intrude upon,
remove, fill, dredge, build upon, degrade or otherwise alter natural habitats
and features delineated as not disturbed under this Agreement or
otherwise fail to restore the intruded upon natural habitat or feature to its
original condition or fail to comply with an enforcement order issued by the
City pursuant to this Agreement. The Developer shall be responsible for
implementing mitigation measures to compensate for the disturbance and
removal of any portion of the existing natural habitats and features during
the construction of this Development. The Developer shall accomplish
said mitigation by revegetation of disturbed areas as shown on the Final
Development Plan Documents (including but not limited to the "Wetland
Mitigation Plan for the North College Marketplace Project" dated July 2008
No. College Marketplace Dev Agr
FINAL 1-29-10 13
(Revised November 2008, January 2009, March 10, 2009) prepared by
Cedar Creek Associates, Inc. and attached hereto and incorporated herein
as Exhibit "D").
(b) The Final Development Plan Documents identify areas
within the Property which are not to be disturbed in order to prevent
environmental damage to the natural habitats or features ("No Disturbance
Areas"). The No Disturbance Areas fall into two categories: (i) No
Disturbance Areas applicable during the period of construction of the
Wetlands/Detention Area ("Construction No Disturbance Areas"); and (ii)
No Disturbance Areas applicable after construction of the
Wetlands/Detention Area ("Post -Construction No Disturbance Areas").
During the construction of the Wetlands/Detention Area, the Developer
shall perform no work or otherwise physically intrude with equipment upon
the Construction No Disturbance Areas and, after completion of
construction of the Wetlands/Detention Area, the Developer shall perform
no work or otherwise physically intrude with equipment upon the Post -
Construction No Disturbance Areas ("Developer No -Disturbance
Obligations"). The parties recognize the expense and difficulty in
assessing the dollar value of the environmental damage that an intrusion
into the natural habitats or features may cause. Accordingly, instead of
requiring any such assessment on a case -by -case basis, the Developer
agrees that as liquidated damages (but not as penalty) for violating the
Developer No -Disturbance Obligations, the Developer shall pay to the City
$2,500 per occurrence (as distinguished from a daily basis). In addition,
the notice provisions of this Agreement are applicable to this Section and
the City shall be required to give notice of any infractions of this Section 4
in accordance with this Agreement.
6. Fueling facilities shall be located at least one hundred (100) feet
from natural body of water, wetland, natural drainage way or manmade drainage way.
The fuel tanks and fueling area must be set in a containment area that will not allow a
fuel spill to directly flow, seep, run off, or be washed into a body of water, wetland or
drainage way.
7. The Developer shall delineate the Development's property
boundary adjacent to all Limits of Development (L.O.D.) as defined by Article V, Section
5.1.2 of the Land Use Code, including boundaries around existing trees and wetlands
that are to be undisturbed, with orange construction fence prior to any type of
construction, including overlot grading. Said fence shall be inspected and final location
approved by the City's Environmental Planner, Community Development and
Neighborhood Services.
No. CoIlege Marketplace Dev Agr
FINAL 1-29-10 14
F. Soil Amendment
1. 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 Section 3.8.21 of the Land Use Code prior to the
issuance of any certificate of occupancy in this Development. Completion of soil
amendments shall include certification by the Developer that the work has been
completed. This certification shall be submitted to the City at least two (2) weeks prior
to the date of issuance of any certificate of occupancy in this Development.
G. Ground Water, Subdrains and Water Rights
1. 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 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 its
storm drainage facilities in the Development. However, nothing herein shall be deemed
a waiver by the City of its immunities, defenses, and limitations to liability under the
Colorado Governmental Immunity Act (Section 24-20-101 CRS, et. seq.) or under any
other law.
2. If the Development includes a subdrain system, any such subdrain
system, whether located within private property or within public property such as street
rights -of -way or utility or other easements, shall not be owned, operated, maintained,
repaired or reconstructed by the City and it is agreed that all ownership, operation,
maintenance, repair and reconstruction obligations shall be those of the Developer or
the Developer's successors) 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 third -party water rights
caused, directly or indirectly by the construction, establishment, maintenance or
operation of the Development.
No. College Marketplace Dcv Agr
FINAL 1-29-10 15
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 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 forgoing indemnities and hold harmless agreements by the
Developer to not apply to such claim and such failure shall constitute a release of the
foregoing indemnities and hold harmless agreements as to such claim.
H. Hazards and Emergency Access
1. No combustible material will be allowed on the site 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 an
accessway to said building or buildings. 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 an 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. (Three
plan sets shall be submitted to the Poudre Fire Authority at 102 Remington Street for
review and processing.) If such accessway is at any time deemed inadequate by the
Poudre Fire Authority or City Engineer, the accessway shall be promptly brought into
compliance and until such time that the accessway is brought into compliance, the City
and/or the Poudre Fire Authority may issue a stop work order for all or part of the
Development.
I. 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. A permit has been issued for the
work associated with the 1st Filing but an additional permit will be required for work
associated with the 2"d Filing.
No. College Marketplace Dev Agr
FINAL 1-29-10 16
Maintenance and Repair Guarantees
1. 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 storm sewer (but excluding the Wetlands/Detention Area),
water and sanitary sewer and street system public improvements (but excluding any
items installed as part of the construction contract for the Off -Site Improvements
administered by the City), 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." Security for
the maintenance guarantee and the repair guarantee shall be as provided in Section
3.3.2(C) of the Land Use Code and shall be satisfied by the submittal to the City by the
URA of a letter confirming that it has the necessary funds to secure such improvements.
If the necessary funds are not then available, the Developer shall provide security in
accordance with Section 3.3.2(C) of the Land Use Code. Notwithstanding the
provisions of paragraphs 111 (H) and (1) of this Agreement to the contrary and except as
provided herein in connection with the Redevelopment Agreement, the Developer shall,
upon completion of the warranted improvements and receipt of a letter of acceptance
therefor from the City, have the right to assign or transfer the obligations of the
Developer pursuant to this paragraph and Exhibit "B" to the owner of Lots 1 and 8
within the Development and written notice thereof shall be delivered by the Developer to
the City.
K. Pedestrian Bridge
The Final Development Plan Documents require that the Developer shall make a
payment to the City in lieu of acquiring street right-of-way and/or easements, for
designing, and constructing a pedestrian/bicycle bridge or other necessary
improvements to achieve a pedestrian level of service required by the LUC for the
Development (the 'Pedestrian Bridge Improvements"), up to a maximum payment of
One Hundred Twenty-five Thousand Dollars ($125,000). Pursuant to the
Redevelopment Agreement, the Pedestrian Bridge costs are eligible for reimbursement
from URA funds. Prior to the issuance of a building permit for the Development, the
Developer shall submit to the City a letter from the URA committing to pay the City,
concurrently with the issuance of a certificate of occupancy for the King Soopers
building, the sum of One Hundred Twenty-five Thousand Dollars ($125,000) to be
placed in an escrow account for the sole purpose of right-of-way/easement acquisition,
design and construction of the Pedestrian Bridge Improvements. The submittal of such
letter, and the subsequent funding of the escrow payment by the URA, shall fully satisfy
any and all obligations of the Developer in connection with the Pedestrian Bridge
Improvements. In the event that the escrowed funds required hereunder are not used by
the City for the Pedestrian Bridge Improvements within a period of fifteen (15) years
from the date of this Agreement, such funds shall be returned to the URA for use in
accordance with the Redevelopment Agreement.
No. College Marketplace Dev Agr
FINAL 1-29-10 17
L. Supersedes 1st Filing Development Agreement
This Agreement, when fully executed by the parties hereto, shall supersede in its
entirety the 1st Filing Development Agreement and upon such execution, the 1st Filing
Development Agreement shall be null and void and have no force or effect whatsoever.
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 which, in the
inspector's opinion, is hazardous to the public health and welfare.
D. The Developer shall, pursuant to the terms of this Agreement, complete all
improvements and perform all other obligations required herein, as such improvements
or obligations may be shown on the Final Development Plan Documents, or any
documents executed in the future that are required by the City for the approval of an
amendment to a development plan, and the City may withhold (or to the extent
permitted by law, revoke) such building permits and certificates of occupancy as it
deems necessary to ensure performance in accordance with the terms of this
Development Agreement. The processing and "routing for approval" of the various
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 Development
No. College Marketplace Dev Agr
FINAL 1-29-10 19
Agreement or the Memorandum Of Agreement (if any) recorded to give record notice 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. In the event the City waives any breach of this Agreement, no such waiver
shall be held or construed to be a waiver of any subsequent breach hereof.
G. All financial obligations of the City arising under this Agreement that are
payable after the current fiscal year are contingent upon funds for that purpose being
annually appropriated, budgeted and otherwise made available by the City Council, in
its discretion, however, nothing herein shall in any way modify or amend the URA's
obligations to the Developer and the Owner pursuant to the Redevelopment Agreement.
H. This Agreement shall run with the Property, including any subsequent
replatting of all, or a portion of the Property. This Agreement shall also be binding upon
and inure to the benefit of the parties hereto, their respective personal representatives,
heirs, successors, grantees and assigns. It is agreed that all improvements required
pursuant to this Agreement touch and concern the Property regardless of whether such
improvements are located on the Property. Assignment of interest within the meaning
of this paragraph shall specifically include, but not be limited to, a conveyance or
assignment of any portion of the Developer's legal or equitable interest in the Property,
as well as any assignment of the Developer's rights to develop the Property under the
terms and conditions of this Agreement.
I. in the event the Developer transfers title to the Property and is thereby
divested of all equitable and legal interest in the Property, the Developer shall be
released from liability under this Agreement with respect to any breach of the terms and
conditions of this Agreement occurring after the date of any such transfer of interest. In
such event, the succeeding property owner shall be bound by the terms of this
Agreement.
J. Each and every term of this Agreement shall be deemed to be a material
element hereof. In the event that either party shall fail to perform according to the terms
of this Agreement, such party may be declared in default. In the event that a party has
been declared in default hereof, such defaulting party shall be given written notice
specifying such default and shall be allowed a period of ten (10) days within which to
cure said default. In the event the default remains 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.
No. College Marketplace Dev Agr
FINAL 1-29-10 19
WHEREAS, the 15t Filing Final Development Plan Documents and the 2"d Filing
Development Plan Documents shall be together referred to herein as the "Final
Development Plan Documents"; and
WHEREAS, the parties hereto have agreed that the development of the Property
will require increased municipal services from the City in order to serve such area and
will further require the installation of certain improvements primarily of benefit to the
lands to be developed and not to the City as a whole; and
WHEREAS, the Developer and the Owner have previously entered into a
Redevelopment Agreement with the Fort Collins Urban Renewal Authority (the "URA")
dated March 18, 2009, in which the URA has assumed certain obligations in connection
with the Development and which contemplates an agreement between the URA and the
City to provide, among other things, the transfer of the Wetlands Detention Area (as
defined below) to the City (the "Redevelopment Agreement').
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:
General Conditions
A. 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.
B. All water lines, sanitary sewer collection lines, storm sewer lines and
facilities, streets, curbs, gutters, sidewalks, and bikepaths shall be installed 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. In the event that 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.
C. Any water lines, sanitary sewer lines, storm drainage lines, electrical lines,
and/or streets described on Exhibit 'A" attached hereto, 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
No. College Marketplace Dev Agr
FINAL 1-29-10
K. In the event of the default of any of the provisions hereof by either party
which shall require the party not in default to commence legal or equitable action
against said defaulting party, the defaulting party shall be liable to the non -defaulting
party for the non -defaulting party's reasorlable 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: North College Marketplace, Inc.
Attn: Mr. Eric Holsapple
1043 Eagle Drive
Loveland, CO 80537
Telephone: (970) 667-7000
Facsimile: (970) 645-2514
e-mail: eholsapple@lovelandcommercial.com
No. College Marketplace Dev Agr
FINAL 1-29-10 20
With a copy to: Liley, Rogers & Martell, LLC
Attn: Ms. Lucia Liley
300 S. Howes Street
Fort Collins, CO 80521
Telephone: (970) 221-4455
Facsimile: (970) 221-4242
e-mail: Ililey a,lileyrogersmartell.com
If to the Owner: 1908 North College, LLC
Attn: Mr. Eric Holsapple
1043 Eagle Drive
Loveland, CO 80537
Telephone: (970) 667-7000
Facsimile: (970) 645-2514
e-mail: eholsapple@lovelandcommercial.com
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 neuter gender, and when the sentence so indicates, words of
the neuter gender 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. The Owner is made a party to this Agreement solely for the purpose of
subjecting the Property to the covenants contained in this Agreement. The City and the
Developer expressly acknowledge and agree that the Owner shall not be liable for any
obligations of the Developer under this Agreement, unless the Owner were to exercise
any of the rights of the Developer in which event the obligations of the Developer shall
become those of the Owner.
Q. The following development approvals have been granted by the City in
connection with this Development:
No. College Marketplace Dev Agr
FINAL 1-29-10 21
1. Administrative Interpretation from Current Planning Director,
Cameron Gloss, dated July 24, 2008, and letter from Mr. Gloss dated June 12,
2008, confirming and clarifying that the proposed 123,000 square foot King
Soopers store located within the Community Commercial North College Zoning
District is classified as a "supermarket" (a permitted use within such zoning
district) and not a "large retail establishment", and confirming that the proposed
King Soopers is exempt from the Large Retail Establishment Standards set forth
in Section 3.5.4(C)(3)(b) of the Land Use Code.
2. Addition of a Permitted Use, approved by Planning and Zoning
Board on August 21, 2008, as follows: the addition of "Drive In Restaurants" and
"Gasoline Stations" in the Community Commercial North College Zoning District
specifically for the North College Marketplace Development.
3. First Filing, Project Development Plan, approved by a Type I
Administrative Hearing Officer on February 23, 2009.
4. Modification of General Development Standards approved by
Planning and Zoning Board on April 16, 2009 as follows:
■ Section 3.2.2(L) Parking Stall Dimensions modified to permit two-way
drive aisle widths for 60 degree angled parking to be a minimum of 22
feet rather than 24 feet; and
Section 3.5.3(B) Relationship of Buildings to Streets, Walkways and
Parking, subsections 3.5.3(B)(1) and (2), Orientation to a Connecting
Walkway and Orientation to Build -To Lines for Street -Front Buildings,
modified, in connection with Building/Pad 1 and Building/Shops D, to
eliminate the requirement that at least one (1) main entrance of any
commercial or mixed -use building face and open directly onto a
connecting walkway with pedestrian frontage.
5. Confirmation Letter dated April 20, 2009, from Director of Current
Planning, Steven J. Dush, that a large -format King Soopers store falls within the
definition of a "supermarket" in the Land Use Code and that a "supermarket" is
permitted within the Community Commercial North College Zoning District.
6. Amended Overall Development Plan approved by Planning and
Zoning Board on May 21, 2009.
7. Second Filing, Project Development Plan, approved by Planning
and Zoning Board on May 21, 2009.
8. Letter from Director of Current Planning, Steven J. Dush, to Russ
Dispense, Vice -President of King Soopers, dated July 1, 2009 outlining the
No. College MarketpLince Dev Agr
FINAL 1-29-10 22
conditions for issuance of a certificate of occupancy and a temporary certificate
of occupancy for King Soopers.
9. First Filing, Final Plan, approved administratively on September 9,
2009.
10. Subdivision plat approved by Director of Current Pianning on
September 9, 2009.
Copies of all letters referenced in this Section III.Q. are attached hereto
and incorporated herein as Exhibits "F-1" through "F-4".
r FORT
"= SF
ATTEST- ;
City Clerk
APPROVED AS TO CONTENT:
Cit Ifhgineer
C �
APPROVI56-A TO FORM:
Deputy City Attorney
THE CITY OF FORT
a Municipal Corporat
M
No. College Marketplace Dev Agr
FINAL 1-29-10 23
City Manager
NS, COLORADO,
DEVELOPER:
North College Marketplace, Inc., a Colorado
COrnrnfinn
By:
M
OWNER:
1908 NORTH COLLEGE, LLC, a Colorado
limited liability company/I
0
Eri¢'Hy(19*p
No. College Marketplace Aev Agr
FINAL 1-29-10 24
EXHIBIT "A"
1. Schedule of electrical service installation.
Not Applicable
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.
No. College Marketplace Dev Agr
FINAL 1-29-10 25
1W.140 :
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 each of the public
improvements warranted hereunder, the full and complete maintenance and repair of
such public improvements constructed for this Development. This warranty and
guarantee is made in accordance with the City's Land Use Code. This guarantee
applies to the streets and all other appurtenant structures and amenities lying within the
rights -of -way, easements and other public properties, including, without limitation, all
curbing, sidewalks, bike paths, drainage pipes, culverts, catch basins, drainage ditches
and landscaping. Any maintenance and/or repair required on utilities shall be
coordinated with the owning utility company or city department.
The Developer shall maintain said public improvements in a manner that will assure
compliance on a consistent basis with all construction standards, safety requirements
and environmental protection requirements of the City. The Developer shall also correct
and repair, or cause to be corrected and repaired, all damages to said public
improvements resulting from development -related or building -related activities. In the
event the Developer fails to correct any damages within thirty (30) days after written
notice thereof, then said damages may be corrected by the City and all costs and
charges billed to and paid by the Developer. The City shall also have any other
remedies available to it as authorized by this Agreement. Any damages 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 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 approved plans and documents for this Development; and the
Owner 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.
No. College Marketplace Dev Agr
FINAL 1-29-10 26
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
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 Developer shall, upon completion of the warranted improvements and receipt of a
letter of acceptance therefor from the City, have the right to assign or transfer the
obligations of the Developer pursuant to the "maintenance guarantee" and "repair
guarantee" provisions set forth above to the owner of Lots 1 and 8 within the
Development and written notice thereof shall be delivered by the Developer to the City.
No. College Marketplace Dev Agr
FINAL 1-29-10 27
EXHIBIT "C"
To North College Marketplace
Development Agreement
Mitigation Monitoring Program Summary for the
North College Marketplace Project' dated February 5, 2009
THE ATTACHED EXHIBIT "C" CONTAINS OBLIGATIONS WHICH AFFECT ONLY A
PORTION OF THE PROPERTY AND THE PROJECT, AS FOLLOWS: THAT
PORTION OF THE PROPERTY AND THE PROJECT CONSTITUTING OUTLOT B OF
THE NORTH COLLEGE MARKETPLACE.
Exhibit "C"
to North College Marketplace
Development Agreement
MITIGATION MONITORING PROGRAM SUMMARY FOR THE NORTH COLLEGE
MARKETPLACE PROJECT
February 5, 2009
The mitigation monitoring program to be employed to support the North College Marketplace
Project will consist of four program elements as described below. Monitoring will begin
simultaneously with the advent of construction with certain elements continuing over time for a
period of three years after the first growing season following planting. Additional monitoring
program specifics can be found In the document entitled Wetland MitJpstian Plan for the North
College Marketplace Project. (Monitoring activities will be confined to the compensatory wetland
mitigation project and the immediately adjacent upland plantings. Monitoring activities will not be
applied to areas subject to general landscaping practices,)
Element 1: Construction Manitoring
A Cedar Creek representative will be on site during portions of the four major stages of
mitigation construction. These stages Include soil salvage, grading, soil replacement, and
planting. During the fieldwork associated with each construction stage, the Cedar Creek (CCA)
representative will work with, and provide Input to, the City Environmental Planner with regard to
perceived proper mitigation technique field implementation and assist the Planner with minor
"Held fltsknoditications" as requested. The CCA representative will also provide such input to the
on -site construction and planting contractors through field supervisory personnel. Requests for
sal salvage, grading, soil replacement, andfor planting modifications or actions will not be made
directly to equipment operators or field team personnel. The overall objective of the CCA
representative's assistance In the field Is to recognize and avoid constraints to revegetallon
success and take advantage of opportunities provided by site characteristics to Increase
revegstation success potential.
Schedule; Spring 2009 from soil salvage to the completion of vegetation planting (assume Fall
2009)
Field Time Involved: Soil salvage = 1 site visit (0.5+ day); Grading - 2 site visits (2.0 days); Soil
replacement =1 site visit (0.5+ day); Planting = 3 site visits (1.5+ days)
Reporting: Formal written rep" pre not anticipated. Field observations, conversations, and
activities will he summarized in b Npid notebook and discussed with the City representative in the
now.
Note: The City may require additional site visits given developments across the project area that
cannot be anticipated at this time. it can be assumed that such additional visits would be notably
limited In scope and occurrence.
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 document.
D. Except as otherwise herein specifically agreed, the Developer agrees to
install and pay for all water, sanitary sewer, and storm drainage facilities and
appurtenances, and all streets, curbs, gutters, sidewalks, bikeways and other public
improvements required by this Development as shown on the Final Development Plan
Documents and other approved documents pertaining to this Development on file with
the City.
E. 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.
F. 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.
G. Public easements shall be provided for access, utilities and drainage as
required by the design and location of such infrastructure and as reflected on the plans.
Alignment and grades on privately maintained streets and drives shall allow for safe
access, ingress and egress by owners, visitors, the general public and public safety
officials and equipment, as approved by the City Engineer.
H. All storm drainage facilities shall be so designed and constructed by the
Developer as to protect downstream and adjacent properties against injury and to
adequately serve the Property (and other lands as may be required, if any). The
Developer shall meet or exceed the minimum requirements for storm drainage facilities
as have been established by the City in its Drainage Master Plans and Design Criteria.
The Developer, for itself and its successor(s) in interest, does hereby indemnify and
hold harmless the City from any and all claims that might arise, directly or indirectly, as
a result of the discharge of injurious storm drainage or seepage waters from the
Property in a manner or quantity different from that which was historically discharged
and caused by the design or construction of the storm drainage facilities, except for (1)
such claims and damages as are caused by the acts or omissions of the City in
maintenance of such facilities as have been accepted by the City for maintenance; (2)
errors, if any, in the general concept of the City's master plans (but not to include any
details of such plans, which details shall be the responsibility of the Developer); and (3)
specific written or otherwise documented directives that may be given to the Developer
by the City. The City agrees to give notice to the Developer of any claim made against
No. College Marketplace Dev Agr
FINAL 1-29-10
Element 2: BI-monthly Site Condition Monitoring
The permanent, compensatory wafland mitigation areas and Immediately adjacent upland
plantings will be visually inspected bl-monthly during the first three growing seasons following
planting and following Intense rainstorms. Areas of poor 'seed take" will be noted. Any area
remaining unvegetated by desirable species throughout the first three growing seasons will be
reseeded following the application of appropriate seedbed preparation techniques during the next
Fall planting season. Shrub seedlings or tree plantings judges to be dead will be replaced as
necessary to meet success requirements during the next appropriate planting season. Formal
monitoring field techniques as noted below under Element 4 will not be employed.
Schedule of Work: Spring of the first growing season following planting for three years until
September of the third growing season following planting
Field Time Involved: Inspection labor will coincide with other project element fieldwork.
Reporting: Regular formal written reports are not anticipated. Field observations,
conversations, and activities will be summarized in a field notebook. When problems are noted,
the City Environmental Planner and representatives of the North College Marketplace Project will
be notified In order that corrective action can be taken.
Element 3: Groundwater Monitoring at the North Wetland (FTCW002) Site
The goal of this work is to complete groundwater monitoring of existing borings, and one
boring to be installed in the Spring of 2009, for the North College Marketplace Project for a three-
year period beginning 2009. The objective of this work Is to determine whether site development
work has resulted In a draining of FTCW002 such that this results In a negative Impact to said
wetland. Negative impacts would Include changes in the existing hydrologic regime and wetland
vegetation community in terms of vegetation density and plant community components that would
signal a reduction in the functions, values, and size of the existing wetland. Borings to tie
monitored include B-1 through B-3 (B-3 to be located) and the boring to be installed in the Spring
of 2009 allnear the Interface of FTCW002 and the northern border of proposed construction.
Schedule: Field monitoring: Begin on or about April 1 each year and terminate on or about
October 1 each year for a total of 13 monitoring site visits per year.
Field Time Involved: 1 site visit (0.5 to 1.0 day) per two weeks as noted above
Reporting: The annual report for groundwater monitoring will be Included as a section within the
annual compensatory wetland monitoring report due on or about December 31 of each year
(Project Element 4). The report section wig Include a summary of the monitoring methodology.
annual results in tabular format, and a comparison with previous monitoring results. Following
each bl-weekly monitoring event, an e-mail will be sent to the City Environmental Planner
summarizing the data gathered at the boreholes.
Note: It is assumed that 1008 North College, LLC will coordinate with the selected contractor to
have the one new bore hole Installed on site. A CCA representative will be on -site during this
fieldwork.
Element 4: Mitigation Success Monitoring
The objective of this work Is to complete annual monitoring for the this project for 2009,
2010, and 2011 to most City of Fort Collins requirements. Field monitoring techniques to be used
are presented in the document Welland MrligaWn Plan for the North College Marketplace
Project Annual monitoring fieldwork includes the evaluation of a total of eleven vegetation
transacts across the three we#land mitigation areas, two forebays and adjacent created uplands
bordering the north and south created wetlands; eight soil teal holes, and; shrub (excluding willow
cuttings) and tree counts.
Schedule: Field monitoring: Complete on or before October 21 of each year.
Field Time Involved: 2 site visits (up to 2.0+ days) per year for three years
Repotting: A report detailing the methodologies used to complete monitoring activities and the
results of the fieldwork will be prepared and submitted to the City and the project proponent on or
before December 31 of each year. Information presented In each annual report will include an
Introduction, Project History summary, Methodology and Results/Conclusion sections, as well as
a site map and be supported by a photographic log.
Assumptions:
1.) No provision for separate meetings with governmental agencies is included herein other than
those specified.
2.) Weather or ground surface conditions will not interfere with the completion of fieldwork.
3.) Four borings will be available per year for the 3-year monitoring period.
4.) CTL Thompson will locate all existing borings to be monitored In the field, flag such, and
provide Ceder Creek with OPS locations.
3.) No special equipment Wit be needed to complete field monitoring.
6.) The work herein includes monitoring activities for the constructed wetlands and adjacent
constructed uplands. It does not Include monitoring for existing uplands, or other project -
area landscaped uplands.
EXHIBIT "D"
To North College Marketplace
Development Agreement
Wetland Mitigation Plan for the
North College Marketplace Project° dated July 2008
(Revised November 2008, January 2009, March 10, 2009)
THE ATTACHED EXHIBIT "D" CONTAINS OBLIGATIONS WHICH AFFECT ONLY A
PORTION OF THE PROPERTY AND THE PROJECT, AS FOLLOWS: THAT
PORTION OF THE PROPERTY AND THE PROJECT CONSTITUTING OUTLOT B OF
THE NORTH COLLEGE MARKETPLACE.
Exhibit "D"
to North College Matketplace
Development Agreement
WETLAND MITIGATION PLAN
For The
NORTH COLLEGE MARKETPLACE PROJECT
FORT COLLINS, COLORADO
Prepared for.
1908 North College, LLC
Loveland, Colorado
and
Ctty of Fort Collins
Fort Collins, Colorado
Prepared by:
Cedar Creek Associates, Irtc.
Fort Collins, Colorado
With Figures and Cross -sections Provided by:
Ayres Associates and BHA Design, Mc.
Fort Collins, CO
July 2008 (Revised November 2008, January 2009, March 10 2009)
TABLE OF CONTENTS
PRO
Table of Contents
1.0 Int►+oduction..................................................................................
..............................................
2.0 Wetland Impact Avoidance and Minimization Planning Process ........................... "'I'll- ........... 3
3.0 Mitigation / Revegetation Specifications ..................................................................................... 4
4.0 Adjunct Area Stabilization ........................................................................................................ 14
5.0 Weed Control Plan Summary.............:I ................. I ......... I ........................................................ 15
6-0 Revegetation Schedules. ............................................ I ........................................... .................. 16
7.0 Management and Maintenance .......................................... I ...................................................... 17
8.0 Monitoring ........................................................ ....................................................................... 18
9.0 Literature Cited ............................................................................................... ......................... 22
Appendix A: Revegetation Technical Specifications
Appendix B; Figures and Cross -sections
1.0 INTRODUCTION
The group i goo North College, LLC is currently proposing a commercial development on a 25.5 acre
site located at the northeast comer of East Wilox Lane and North College Avenue. The majority of the
proposed project area is undeveloped with two wetlands located along the northern and southeastern
project area borders and one wetland located near the west -central project border. A total of 7.01 acres
of wetlands occur on site.
The development site will be anchored with a major tenant of approximately 123,000 s.f. In addition
to this tenant, the project includes retails shops and stores of approximately 23,000 s.f. in two buildings.
The final component will be seven retail pad sites of approximately 30,0oo s.L Parking supporting these
land uses will be provided. The site Is accessed from both East Witlox Lane and North College Avenue.
Primary site entrance/egress points will be provided roughly central to the site's frontage on both
roadways with secondary access/egress drives supplementing these primary entrance points. All project
entrances will align with existing roadway curb -cuts to the extent possible to provide appropriate entrance
geometries. A predominantly service -related drive will link with existing Grape Street to the north of the
property. On -site parking will be provided with a large central parking field serving the tenants with
secondary parking fields serving the perimeter site uses.
Five environmental evaluations have been completed on site that are pertinent to the project as
presented to the City in 2008. A wetiand and other waters of the U.S delineation was completed for the
then -defined project area in July' 2a06 (ENSR Corporation 2006a). As a result of this fieldwork, two
wetlands named FTCW001 and FTCW002 were delineated and described. An Ecological
Characterization Report (ENSR Corporation 2006b) was completed In August of 2006 as required by the
City for such developments. Existing habitat conditions, wlidlife use, and habitat suitable for threatened
and endangered species were evaluated and reported upon. Habitat impact summaries and mitigation
recommendations were also provided. Pursuant to the findings of the Ecological Characterization Report,
a survey to determine the presence or absence of habitat and populations of Ute ladies tresses orchid
and the Colorado butterfly plant was conducted (ENSR Corporation 2006c). While approximately 3.31
acres of suitable habitat was found for these species, site -specific surveys confirmed that these species
were not present on site. The project boundaries were adjusted and the project acreage increased to
accommodate the proposed project elements as currently envisioned. As a result, a small wetland area'
near the western project boundary Is now included in the project area. Thig wetland was characterized,
delineated, and mapped In May 2008 (Cedar Creek Associates, Inc. 2008) and was found to be
approximately 0.03 acres In size. The Corps has determined that all three of these wetlands are non -
jurisdictional. At the request of the City, the boundaries of. wetland FTCW002 were re -delineated in
October 2oo8 and a delineation map was.prepared and submitted to the City for review.
1
Following a design process that focused on wetland avoidance and minimization (Section 2t7), it was
determined that a total of 2.36 acres of wetlands would need to be Impacted to meet development and
storm water detention. objectives. This mitigation plan presents the methods, materials, and techniques
that will be employed by 1908 North College, LLC to construct compensatory• wetlands to mitigate for
these impacts. Maps, crass -sections, and adjunct descriptive text are also provided for the reader.
Figure 2 depicts the location of the Compensatory wetland mitigation areas.
The revegetation plan for the uplands located adjacent to the wetland mitigation areas has been
submitted to the City under separate cover as a part of the PDP submittal.
2
2.0 WETLAND IMPACT AVOIDANCE AND MINIMIZATION PLANNING PROCESS
The development project as currently envisioned and proposed is the culmination of a site
development and planning process that has gone through several iterations through time. The initial
development approach considered resulted in impacts encompassing the entire wetland acreage within
the project area boundaries. This 7.01 wetland impact was considered necessary to accommodate the
type of development desired. The existing wetlands would either be filled for site construction of
buildings, roads, parking lots, etc. and / or excavated to provide storm water detention for the disturbed
site. Following discussions with representatives of the City of Fort Collins and internal discussions among
team members, it was determined that the best development course was to design a site plan that
achieved development goals yet minimized the total Impact to wetlands.
The project team architects, engineers, development professionals, and wetland consultant went
through more than 15 design Iterations during which the proposed main tenant structure, shop locations,
roads, parking lot configuration, and storm water detention structure footprints were continually adjusted.
As such adjustments evolved, the impact to the wetland acreage on site was reduced until the site plan
currently proposed was finalized. This site plan provides for a successful commercial development
project, sufficient storm water detention, and results in the least acreage of impacts to wetlands possible.
Wetland Impacts to Wetland FTCW001 (3.21 acres) have been minimized to include 2.33 acres, with
Impacts to 0.88 acres of the existing cattail marsh portion of this wetland avoided. No direct Impacts to
Wetland FTCVM2 (3.77 acres) will occur. Direct impacts to Wetland FTCW003 will encompass the
entire wetland of 0.03 acres (Figure 2.).
Therefore, instead of an Impact of 7.01 acres as originally proposed, the total Impacts to wetlands
has been lowered to 2.36 acres, resulting in a reduced Impack through avoidance and minimization, of
4.65 acres. This proposed final wetland impact acreage will be mitigated for through the on -site
construction of 2.36 acres of compensatory wetlands at a 1.0 acre of impact : 1.0 acre of wetlands
created ratio as desired by the City.'
3
3.0 MITIGATION / REVEGETATION SPECIFICATIONS
3.1 Existing wetland Condlions
Three wetlands currently exist on site Including FTCW001, FTCW002, and FTCWo03 (Figure 1),
FTCWD01 (PEM1E) is approximately 0.21 acres in size occurring in the southeastern portion of the
project area. This wetland consists of two distinct vegetation community types. The southern -most
Portion of the wetland occurs in a constructed depression and is dominated by cattails (Typho iamfotia)
where soil moisture is most prevalent and the surface may be. overlain, in part, with shallow free water.
This cattail community Is fringed in some areas by a narrow herbaceous community supporting such
species as Baltic rush (Juncus baitAcus), three -square (&hoerrop&Vtus pungens) and other grasses and
forbs. This portion of wetland FfCWoo1 will be impacted, in part, byrconslruction.
The northem-most extent of FfCW001 (PEM E/Y) Iles in a west -east trending swale that connects to
the northern boundary of the cattail community described above. The wester -most portion of this
wetland community Is dominated by spreading bentgrass (Agrostls stolonilera) where the soil moisture
regime appears to be saturated but not flooded during the .growing season. As the elevation of this
portion of the wetlands decreases slowly but perceptibly to the east, and the soil moisture regime
becomes wetter, this species.is joined by Baltic rush and a bluegrass species (Pba). Along with dense
monotypic stands of Baltic rush, Nebraska sedge (Caren nebrascensis), clustered field sedge (Qar"
praegracft) and meadow foxtail (Alopecunrs pratensis) join the community species array as this portion
of the wetland extends to the east to join with the cattail -dominated community described above and
supported by a wetter soil moisture regime. Small areas of open water occur but are not dominant. Much
of this wetland is currently bordered by Russian -olive (E/aeagnus angustilo/ia) trees with other tree
species also present. It can also be noted that healthy stands of smooth brome (Bromopsis inermis) are
prevalent along the perimeter of the northem portion of this wetland. This entire portion of FTCW00f is'
proposed be impacted.
FTCW002 (3.77 acres-PEM I E/Y) Iles in a depression near the northeast boundary of the proposed
project area. This wetland is characterized by a central stand of cattails where soil moisture appears to
be most prevalent throughout the growing season. Occurring in a quasi -concentric ring around the cattail
core community Is a mixture of monotypic to near-monotypic communities and mosaics of mixed grass
and grass -like species. Meadow foxtail is the dominant plant along the western wetland boundary. This
species blends with reed canarygrass•(Phataroides awgdinacea) along the southern wetland border in
single or mixed -species stands. Along the eastern wetland border occur stands of Baltic rush and
spikerush (Eleochads sp.), three -square, and mixed sedge (Cared species all In a mosaic pattern
dependent upon micro -site differences in soil and soil moisture regime characteristics. This mosaic
continues along the northern wetland border with Baltic rush, bluegrass (Poa sp.), Nebraska sedge, and
4
reed CsOarygrass the most common species. As for FTCW001, Russian -olive trees border parts of this
wetland, though mature plains cottonwood trees (Populus de/foides var. monllllera) occur along the
southwest wetland border. The soils of this wetland were saturated to the surface or overlain with very
shallow free water over the majority of the wetland acreage. Limited, but observable stands of Canada
thistle (Breea arvense) and leafy spurge (Euphorbia eschlua) also occur. This wetland wig not be
Impacted by proposed development activities.
Lying near the southwest border of the project area is wetland FfCW003 (0.03 acres-PEMiKx). _
This small wetland consists of a swale/drainage where runoff from an exposed culvert, believed to
emanate from an adjacent property, has ponded. Approximately 55+ percent of the surface of the ponded
water is covered by a rooted aquatic plant. Mature and sapling white poplar (Populus alba) trees border
the open water. it Is assumed that the culvert feeding this open water only flows during and following
precipitation events_ All of this wetland Is proposed to be filled.
The primary functions associated with Wetlands FTCW001 and FTCW002 are soil stabilization,
wildlife habitat, flood control, and groundwater discharge (seepage from the irrigation ditch). Wetland
FTCW003 functions primarily with respect to flood control and high biomass production in terms of the
tree stand supported. These functions will be restored through the mitigation activities proposed.
3.2 Existing f Rosed Co_iftienaMal WWir3lnd MJ9ntion_Aras Cond hM
Three areas have been identifIed to provide compensatory mitigation for proposed impacts to
wetlands (Figure 2). All are located within the boundaries of the project area resulting in an 'on -site"
mitigation approach that will provide an ecologic / hydrologic connection td the wetlands currently existing
within the project boundaries. AIi proposed Impacts to wetlands will be mitigated resulting in a'1.0 acre
of wetland impact :1.0 acre wetland created" mitigation ratio.
The Southern Wetland Mitigation Area consists of that portion of the existing cattail marsh that will
not be impacted (0.88 acres) and the wetland acreage to be returned or created (2-00 acres). The
southeastern portion of this mitigation area consists primarily of the cattail marsh of delineated wetland
FfCW001 described above that will be maintained In its existing state. -The central portion of this
mligation area consists primarily of an existing cattail community that will be excavated and then returned
to a wetland condition. The northern, western, and southern portions of this mitigation area currently
support an upland vegetation community paralleling the cattail marsh but typk,.* lying some 2.0 to 5.0+
feet above the marsh floor. The plant community of these areas is typically dominated by Russian -olive
trees In the overstory and by smooth brome in the understory. Other Introduced grass and forb species
may also be present depending on micro -site conditions.
5
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.
I. The Developer shall pay the applicable "stormwater plant investment fee"
in accordance with Chapter 26, Article VIl of the City Code. This fee is included with
building permit fees and shall be paid prior to the issuance of each building permit.
J. The Developer shall provide the City Engineer with certified Record Plan
Transparencies on Black Image Diazo Reverse Mylars upon completion of each phase
of the construction. Utilities will not be initially accepted prior to as -built drawings being
submitted to and approved by the City.
K. The Developer specifically represents that to the best of its knowledge all
property dedicated (both in fee simple and as easements) to the City associated with
this Development (whether on or off -site) is in compliance with all environmental
protection and anti -pollution laws, rules, regulations, orders or requirements, including
solid waste requirements, as defined by the U. S. Environmental Protection Agency
Regulations at 40 C.F.R., Part 261, and that such property as is dedicated to the City
pursuant to this Development, is in compliance with all such requirements pertaining to
the disposal or existence in or on such dedicated property of any hazardous
substances, pollutants or contaminants, as defined by the Comprehensive
Environmental Response Compensation and Liability Act of 1980, as amended, and
regulations promulgated thereunder. The Developer, for itself and its successor(s) in
interest, does hereby indemnify and hold harmless the City from any liability whatsoever
that may be imposed upon the City by any governmental authority or any third party,
pertaining to the disposal of hazardous substances, pollutants or contaminants, and
cleanup necessitated by leaking underground storage tanks, excavation and/or backfill
of hazardous substances, pollutants or contaminants, or environmental cleanup
responsibilities of any nature whatsoever on, of, or related to any property dedicated to
the City in connection with this Development, provided that such damages or liability are
not caused by circumstances arising entirely after the date of acceptance by the City of
the public improvements constructed on the dedicated property, except to the extent
that such circumstances are the result of acts or omissions of the Developer. Said
indemnification shall not extend to claims, actions or other liability arising as a result of
No. College Marketplace Dev Agr
FINAL 1-29-10 4
Northern Wetland Mitigation Area A (0.30 acres) lied immediately adjacent to wetland FfCW002 and
is from 0.5 to 5.0+ feet higher than the delineated wetland boundary. This area is an upland having a
vegetation community dominated 'by Russian -olive trees in the overstory and smooth brome in the
understory. Leafy spurge is also an understory vegetation component.
The third area, Northern Welland Mitigation Area B (0.06 acres), lies immediately to the west of
FTCW002 along'the recently delineated boundary. This upland Is dominated by upland herbaceous
species such as smooth brome.
it is believed that seepage from the adjacent Larimer-Weld Canal provides support, at least in part,
for the wetlands currently existing on site. Site drainage also plays a part in supporting both existing
wetlands as does Incident precipitation and what appears to be a typically shallow groundwater table.
These hydrologic sources will all be present to support the mitigation wedands.to be created.
With respect to site -specific groundwater levels, Terracon completed a geotechnical study on site in
1995 (Terracon Project No. 20955013; June 29, 1995). Ten boreholes were drilled and groundwater
levels in the holes measured four times from February to June In t995. Levels in four holes were
measured again In February 2008. Bore hole number B-2, located to the north of the Northern Wetland
Mitigation Area and lying In the same overall topographic regime, had depths to groundwater ranging from
0.8 to 0.0 feet with the more shallow depths indicative of the growing season.
Bore hole number B-5, located in an upland along the slope north of the Southern Welland Mitigation
Area, showed groundwater levels ranging from 3.9 to 4.6 feet during this same time period. These depths
are consistent with the elevation of the slope above the level of the marsh wetland from which the
measurements were taken indicating a shallow water table similar to that described for the Northern
Wetland Mitigation Area A above. Borehole B-10 is located immediately to the west of the western -most
border of the SouU*m Wetland Mitigation Area Depths to groundwater range from 4.2 to 8.0 feet, the
depth that generally approximates the height of the upland terrace above the existing wetlands. More
recent bore data (CTL Thompson, Inc. 2008) regarding .groundwater depths'confi►ms the latter bore hole
shallow groundwater measurements.
These measured groundwater depths indicate that a soil moisture regime conducive to supporting
compensatory wetlands can be created on site by excavating these uplands down to the groundwater
level to be followed by resolling with wetland soil materials and planting wetland -classed specie& in
addition, it may be noted that measured groundwater levels in other drill holes located across the site
indicate a comparatively consistent shallow to moderately shallow depth to groundwater. It may also be
noted that the highly productive vegetation communities overlying the two proposed mitigation areas
contain, as community inclusions, wetland -classed species indicating the presence of heightened soil
moisture regimes. Given these observations, and considering that some additional moisture will be
6
gained from run-on and incident precipitation, it Is reasonable to assume that the proposed conversion of
uplands to wetlands will be successful.
•Ifs. •,., 11 11 CL •, .•1-1 1 •1 t' 1[ -.1 Stl 1•
,• 1 — — ! •. 1 • l.•
3.3.1 Cut -oft wan Installation
A cut-off wall was previously proposed to be constructed along the border between the northern
development area and the southern boundary of wetland FTCW002 (Figure 2). The objective of this wall
was to ensure that groundwater was not inadvertently drained from wetland FTCW002 (northern wetland)
as a result of construction thereby degrading the characteristics of this wetland. Ayres Associates has
subsequently completed a groundwater analysis to determine, among other things, whether the
construction of a cut-off wall would be advisable. It was determined, using the 'Modflow model, that
construction of a cut-0!f wall would have no effect on potential groundwater loss, and would not be
completed, since the bedrock upon which the cut-off wall would be constructed conducts groundwater
Itself. The detailed evaluation related to this issue, and potential Impacts to wetland FTCW002, can be
found In the document `Groundwater Investigation and Recommendations for an Underdrain System*.
Groundwater monitoring of the northern wetland is stiff proposed and Is described in Section 8.0, below.
3.3.2 Soil Salvage and Stockpiling
Soli Salvage
Soils overlying that portion of Wetland FTCW001 to be filled for development'wilt be salvaged prior
to site construction (Figure 2). Salvage will occur employing the two -lift principal. The first lift will consist
of the 0 to 12 Inch soil depth commonly referred to as 'topsoil. The second lift will consist of the 12 to 30
Inch soil depth termed 'subsoir_ Only those soils supporting grass, forb, and grass -like plant species will
be salvaged. Areas suPPordng an established cattail community will be avoided during salvage
operations. Salvage will likely be accomplished using scrapers or a truck /front-end loader combination,
though any method will be acceptable given that salvage will be completed in an efficient manner. Soils
overlying the wetlands proposed to be impacted within Wetlands FrdW003 are considered impractical to
salvage due to the small acreage and open water area involved.
Soil Stockpiling
Wetland soil materials will be stored in two stockpiles separated from upland soil and other
construction material stockpiles (Figure 2). One stockpile will be used to store the surface 0 to 12 inch lift
of soil salvaged and the second stockpile will store the soil salvaged from the 12 to 30 Inch depth lift. The
stockpiles will be protected from operational disturbances to maintain stockpile integrity. The stockpiles
wig assume as low a profile as possible (maximum 8.0 ft. in height) to decrease wind erosion potential
7
and be oriented, along the longitudinal axis, perpendicular to the prevailing wind direction. When portions
of the stockpile are removed for soil redistribution, removal will take place on the leeward side of the
stockpile to avoid disturbance on the windward side. Soil stockpiles will be clearly identified with signs to
distinguish them from other project material stockpiles.
It Is assumed that stockpiles, once construction begins, will remain in place no longer than 30 days.
Any stockpile that will exist longer than 30 days will be stabilized. During stockpiling, the surface of the
stockpiles will be left in a roughened condition. The stockpiles will be mulched using straw or hydromulch
and the mulch anchored with a tackifier to complete the stabilization process. Straw mulch will be applied
at a rate of 2.0 tons per acre and hydromulch at a rate 1.0 ton per acre. Erosion control blankets may be
substituted for straw or hydromulch materials. Seeding will not be completed on stockpiles since it is
assumed that the stockpiles will not be in existence through one full growing season. In addition, It is
assumed that hydrologic conditions would not be sufficient to support seeded hydric plant species in
addition to those species naturally volunteering from the salvaged soil. Further, it Is not desirable to
introduce upland plant species into these wetland 'soli banks' to avoid establishment competition from
upland vs. wetland plant species on potentially marginal hydric soils during revegetatlon. Silt fencing will
be erected around the perimeter of the stockpiles to retain soil material In the stockpile area and prevent
site sedimentation.
3.3.3 Excavation
Existing soil and overburden materials from the proposed compensatory wetland mitigation sites will
be excavated down to the approximate average elevation of the groundwater during the growing season
as depicted on Figure 2. At the Southern Wetland Mitigation Area site, this elevation corresponds
approximately to the present base elevation of the cattail marsh while at Northern Wetland Mitigation
Areas A and B the elevation corresponds, in effect, with the approximate elevation of Wetland FTCW002.
The three mitigation sites will then be over -excavated by approximately 1.0 to 3.0 feet depending upon
the depth to shale or sandstone bedrock as shown in Figure 2A. The objectives of excavation are to
ensure that a minimum of three feet of soil material (including topsoil) is present across all three mitigation
areas to adequately support a self-sustaining wetland community and to create a soil moisture regime
that is sattbated, but not flooded, through the majority of the growing season.
The location of excavation depths shown on Figure 2A Is an estimate based on site Information
available at this time. As excavation proceeds on site, the target depth excavation boundaries may vary,
though it is reasonable to assume that the maximum excavation will not significantly exceed 3.0 feet
Excavated soil materials will be disposed of on site to provide required fill materials or spoiled in an
approved manner, Excavation will be accomplished by the use of scrapers, bulldozers, front-end loaders
and / or similar equipment. Silt fences will be erected along the borders -of all wetland mitigation areas
s
and the adjacent wetlands not to be disturbed to prevent sedimentation of these latter features. in
addition, Sit fences will be Installed along the borders of all wedand mitigation areas and uplands, N any,
which could be impacted by runoff resulting from construction. The silt fences will remain in place, and be
maintained in good functioning order, until constructionlplanting activities are completed and the
mitigation areas are considered surficially stable.
3.3.4 Substrate (Subsoil or Bedrock) Material Preparation
A rough surface that will promote applied soil "bonding■ with the undariying subgrade material will
remain following substrate grading. Where, In the judgment of the wetlands consultant and the City
Environmental Planner, compaction Is excessive or the sub -base consistency undesirable and could
Inhibit plant growth or the upward movement of groundwater, the subsoil or subgrade will be ripped,
disked, or -otherwise treated to ameliorate such conditions_ If the water table is found to be *perched' on
bedrock. ripping will not be completed. A smooth surface typical or 404nd construction grading is not
desirable from a reap#led soil stability perspective.
3.35 Soil Replacement
Soil will be replaced over the wetland mitigation sites following substrate preparation according to
the two -lift principal. Subsoils, where necessary, will be respread over the prepared substrate Initially to
provide a base of up to 2.0 feet of plant growth medium. Approximately 12.0 + or — inches of topsoil will
then be respread over the native subsoils (where over -excavation was Ilmlted to 1.0 loot) or the reapplied
salvaged subsoil to bring the surfaces of all wetland mitigation areas to grade. Target final grade
elevations for the Southern Wetland Mitigation Area, Northern Wetland Mitigation Area A and Northern
Wetland Mitigation Area B are 4,971, 4982, and 4,983 feet, respectively. A slight Increase In elevation, up
to 0.5 toot, would be acceptable so tong as it is not a dominant condition.
The resorted surface will be rough graded to remove higher surface undulations that would promote
the formation of upland vegetation plant communitles. Loss. narrow ridges and shallow potholes may be
left over the graded suaface of wetland mitigation areas to encourage a dmssrsrty of soil moisture regime
conditions conoucfve to ma#m& ng wetland species diversity. However, extensive shallow ponded
conditions wX be avWded to reduce the poterrtW for cattail Invasion and the establishment of open water
conditions
During reselling operations, soil will be redistributed In a manner that: (1) achieves an approximate
unifofrn desired thickness consistent with safety requirements, post -disturbance land use objectives, and
surface water dralrWe systems; (2) minimizes compaction and erosion of the soil resource; and (3)
minimizes deterioration of the biological, physical, and chemical properties of the soil to the degree
possible.
9
The toes of the slopes to be created at the north and of the Southern Wetland Mitigation Area
(Cross-section B-B) and the eastern and southern borders of the Northern Wetland Mitigation Area A
(Cross-section C-C) will be resolled to design grade elevations with wetland soils to a distance of 3.0 feet
up the slope. This slope area will serve as the planting area for the proposed willow cutting, shrub, and/or
tree planting sites.
3.3.6 Seedbed Preparation and Seeding
Following soil reapplication and final grading, the seedbed will be sampled for analysis. One sample
set, consisting of two samples, will be collected within the boundaries of Northern Wetland Mitigation Area
A, Northam Wetland Mitigation Area B. the north slope of Southem Watland Mitigation Area, and the west
elevated slope of the Southern Watland Mitigation Area). Two sets of samples wig be collected within the
boundaries of the Southern Wetland Mitigation Area. With regard to the sample sets, one sample will
represent the depth of reapplied surface soil to 12 inches and the second sample will represent the upper
subsoil to a depth of froml2 to 24 Inches. The samples will be bagged and delivered to the soil laboratory
on the Colorado State University campus for analysis (see Appendix A). The objectives of sampling and
analysis are to characterize the seedbed materials, both physically and chemically, and to determine
fertility status. The results of the analyses will be submitted to the City Environmental Planner prior to the
initiation of seedbed preparation techniques.
It is assumed that no fertilizer will need to be applied to the recoiled watiand seedbed. However, if
the laboratory determines It will be beneficial, fertilizer will be broadcast over all wetland mitigation area
seedbeds at rates commensurate with laboratory recommendations. The seedbed will then be lightly
raked to incorporate the fertilizer into the seedbed and prepare the acreage for planting. Care will be
taken to avoid applying fertilizer to existing wetlands.
Following seedbed preparation, the seed mixture shown in Table 3-1 will be broadcast over the
seedbed of each mitigation area The seedbed will be lightly raked to cover the seed.
Given the gentle slopes characterizing the wetland areas to be planted and the potential for
saturated to shallowly flooded conditions, the wetland areas to be established are not proposed to be
mulched. However, If mulching is considered advisable, the seeded area will be mulched with the
equivalent of 2.0 tons of straw per acre and the straw anchored by crimping, cotton netting, or a tackifier.
Crimping will take place perpendicular to the slope angle to further reduce the potential for erosion.
Hydromulching techniques may also be used In lieu of straw mulching.
10
TABLE 3-1: GENERAL WETLAND SEED MIXTURE
sacaton (FAQ
bolus aftkbs
IG
Mencan mamagrass (OBL)
lXadla gran s
rairie cordgrass (FACW)
partina pecdnara
witchgrass (FAQ
Pariicum v/rgetum
Nebraska sedge (013L)
Carex nebraskensis
Alkali bulrush (assume OBL)
Boboschosmus maronus
Olney threesquare (OBL)
Schoenoplechrs pungens'
Sofistem bulrush (013L)
Shoenopletctus lacusbfs
Preferred Rate LbsJAcre PLS
NA
1.00
1,175,000
NA
0.50
640,000
NA
2.00
349,000
Nebraska-28
4.00
1,556,000
NA
1.00
53a;1ao
NA
1.00
162,800
NA
2.00
359,600
NA
1.00
15.M
Totals =
12.50
5,326.300
Notel: FAC, FACW and OBL species are included to account for the presumed variability in the soil
moisture regimes to be created. Speciis selection is based, in part, on species present in wetlands on
site.
Note 2: Due to limited commarclal availability, seed stocks of wetland species should be acquired
as soon as possible before the onset of planting.
3.3.7 Willow Cutting Planting
Willow cuttings will be planted In the resoiled wetlands during the first spring planting season
following resolling to enhance species I canopy diversity and add a wildlife habitat element currently
limited on site. The willow cuttings will be planted at the interface of the wetland mitigation area floor and
elevated slopes (Cross-section A -A) or constructed slopes/wetiard borders.(Cross-sections B-B and C-C)
where the soil moisture regime is designed to be saturated, but not flooded, all or part of the growing
season. (A cross-section is not provided for Northern Wetland Mitigation Area B. The soil moisture
regime of this area is assumed to be the same along the area border as for the other wetland mitigation
sites.) The cuttings will be planted in linear groupings with each group consisting of two rows. Cuttings in
each row will be planted on 4.0 - foot centers with the rows staggered such that willows are planted on 2.0
- foot centers in the planting area. The rows would spaced from 1.0 to 3.0 feet apart depending upon
available space and the soil moisture regime present. Figure 3 depicts the approximate planting areas
deemed appropriate at this time. Final planting sites will be selected at the time of planting based on
appropriate soil moisture regime characteristics. A total of BN willow cuttings will be planted.
3.3.8 Shrub Planting
A variety of shrubs will be planted along the borders of the wetlands to be created. The primary
objectives of the shrub plantings are to Increase vegetation community diversity, enhance the esthetic
quality of the wetland mitigation areas, and provide an adjunct food and cover source for resident wildlife.
Shrub plantings will occur upslope from the mitigation area floors and willow cuffing planting sites (Cross.
sections A -A, B-B, and C-c) where semi -saturated soil. moisture regimes are proposed to dominate
throughout a majority of the growing season. The apeoles to be planted, stocking rates, and planting site
considerations are presented in the following table. Figure 3 depicts the approximate locations of the
shrub planting sites.
SWMc planting sites will be selected in the field giving consideration to the soil moisture regimes
created during site construction. Shrubs plantings along the water quality pond berms may need to be
moved to the west water quality pond slope if the east berm sites are judged to be too wet. Six- to seven -
gallon size stock will be preferred for shrub planting it available. Five -gallon size planting stock will be
used in lieu of larger stock if such Is not commercially available.
TABLE 3 2: SHRUB PLANTING SPECIFICS
Total Planted Northern A/B/
cnokecher y (FACU) 13M 0 Upslope from dogwood plantings:
Pis Yl�Mlana upland soil moisture regime
lndigobush arnorpha (oBL) 810/40 Amorphe frutionsa Upslope from the willow cuttings
Redosier dogwood (FACV4 21/0/134 Upslope from Amorpha plantings or
Srvlda (,=us),5r,:7.4w maybe mixed with amorpha.
Total planted . 22tf
Planting rate =1 shrub of any species per 5 feet of selected wetland / upland slope border as shown on
Figure 3.
Note 1: Both upland and wetland classed shrubs are Included in this planting scenario to Increase wildlife
habitat value and color/lorm"ght diversity.
Note 2: 2 sufficient planting stock of indigobush amorpha is not available, the stocking rates of
chokecherry and redosler dogwood will be Increased to make up for the shortfall.
3.3.9 Tres Planting
Two wetland -classed species of trees will be planted along portions of the borders of the wetland
mitigation areas as shown on Figure 3. These species are narrowleaf cottonwood (populus angusfliolia)
12
and peachleaf willow (Salix amygdelo/des). Similar to shrub plantings, the primary objectives of tree
Plantings are to increase vegetation community diversity, enhance tho esthetic quality of the wetland
mitigation areas, provide a slope screening effect,. and provide a food and cover source for resident
Wildlife species. Tree plantings (2.25 or 2.%Inch caliper size) will occur upslope from the mitigation area
floors and willow cutting planting sites on constructed slopes in shrub planting voids in semi -saturated
soils (Cross -sections B-B and C-C). Care will be taken to ensure that the root - ball Is planted in wet to
semi -saturated soils on the lower portions of the slopes. Speck planting sites will be selected in the field
based on the soil moisture reglmes extant.
TABLE 3-3: TREE PLANTING SPECIFICS
Northern A/BJ
Planting
wuleaf cottonwood (FACW) 812JS Upslope from willow cuttings in
lus argustifolia shrub planting voids
deaf willow (FACW) 5/6/4 Mixed with narromeaf
amygda/oides — cottonwoods
Planting rate =1 tree per 25 feet df selected wetland / upland slope border as shown on Figure 3.
The sources selected for seed, shrub, willow cuttings, and tree planting stock cannot be identified
until the planting contractor is selected and is under contract. When the planting contractor has been
selected and is Under contract, the contractor will be instructed to submit the final sources to the City's
Environmental Planner for review.
(Notes: The stocking rates for shrubs and trees are not 2 x those shown in the previous mitigation
plan draft since the wetland border lengths have changed. However, the stocking rates on a per foot of
wetland border length basis have been doubled (a. g. 5 feet vs. 10 feet for shrubs and 25 feet vs. 50 feet
for trees. Shrub plantings along the border of Northern Wetland Mitigation Area B were avoided due to
soil moisture regime concerns. With no embankment slope being constructed, this border may be too wet
for the selected/commercially available shrub species.)
13
4.0 ADJUNCT AREA STABILIZATION
During construction, the $oil surface may be disturbed at equipment staging areas and similar sites
resulting in a loss of vegetative cover. In such cases, extensive application of revegetation techniques is
not desirable where a more simplistic range of restoration techniques will suffice. The following
alternatives to intensive reclamation can be applied where conditions warrant and such areas are not
subject to additional disturbance, construction, or alternative development.
• "elemental rtillZatloti, The disturbed area will be broadcast fertilized at recommended rates
where it is determined that the remaining vegetation can successfully stabilize the area with a
supplemental fertilizer treatment. Access to treated sites will be prohlbited until vegetation has
become adequately established.
• aw0wen�t seedingfinuichhg. The disturbed area will be seeded where it Is determined that
the existing plant cover Is not sufficient to hold soil in piece. Minimal seedbed preparation and
soil covering will be acceptable. in wetland areas, the disturbed site will be graded to return the
disturbance to the original surface elevation. Following seeding, the treated site will be mulched
and the mulch anchored by an applicable means. Access to treated sites will be prohibited until
vegetation has become adequately established. This alternative may be combined with
• supplemental fertilization as necessary. The native seed mixtures to be used are depicted In
Tables 3-1 or 4-1 for wetland and upland areas, respectively.
TABLE 44: UPLAND SOIL STABILIZATION MIXTURE
Preferred
Varieties
Rats LbaJAcre
Planted Broadcast?
PLS
Seeded(Acre
Green needlegrass
Lodorm
2.0
362,000
Nsssaft trfr/dula
Indian ricagrass
Paloma, Nezpar
4.0
752,000
Achnathenm hymertoldes
Slender wheatgrass
Primar, Revenue
4.0
640,000
Emus trach)OcaWus
Thidtspike wheatgrass
Critana
5.0
930.000
Elymus hyxxolatus
Western wheatgrass
Arriba, Barton
5.0
630,000
Pasaopyrum smkhk
Blue flax
Appar
2t35.000
Adenolintan /swish
Totals = 21.0
3,509,000
83 coeds/ sq. ft.)
14
5.0 WEED CONTROL PLAN SUMMARY
This section summarizes the elements of the weed control plan to be prepared for the mitigation site
following the first growing season if woods are deemed to be detrimental to mitigation success or are
required to be eradicated as per regulations. The completed plan will be submitted to governmental
agencies, Including the City of Fort Collins Natural Areas Program and Latimer County, as required for
review and approval_
The weed control plan will be prepared by a Licensed Commercial Pesticide Applicator (LCPA)_ All
subsequent weed control activities will also be conducted by an LCPA. The plan to be prepared will take
the form of an Integrated Pest Management Plan (IPM) that will consider all methods of control that would
potentially be applicable to the project area. These methods include mechanical, chemical, cultural, and
biological techniques. Prior to plan preparation, a visit to the project area will be conducted by the LCPA,
accompanied by a City of Fort Collins Natural Areas Program staff member, to assess site conditions,
routes of access, weedy species present, the relationship of surrounding water I wetland bodes to the
proposed areas to be treated, potential sources of run-on and run-off, and any other factors relevant to
the weed control planning process. Given the presence of wetlands In the project area, initial emphasis
will be given to weed control methods other than those of a chemical nature, though chemical controls do
exist that are considered by the Corps of Engineers to be appropriate in such cases.
Plant species to be considered as weeds and controlled and/or eradicated at this project site, ,as per
City code, are those listed by the Larimer County Weed Control District and those listed as noxious by the
Colorado Weed Law. Species listed by Larimer County and to be controlled are as follows.
Canada Thistle
Russian knapweed
Datmation toodflax
Spotted knapweed
Diffuse Knapweed
Tamarisk (saKcedsir)
Leafy spurge
Yellow toadflax
Musk Thistle
15
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.
L. 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 Development Agreement waive) its rights as property
owner. The City's rights as owner 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.
II. Special Conditions
A. Water Lines
Not applicable
B. Sewer Lines
Not Applicable
C. Storm Drainage Lines and Appurtenances
1. 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 of any certificate of occupancy. Completion of
improvements shall include the certification by a professional engineer licensed in State
of Colorado that the drainage facilities which serve this Development have been
constructed in conformance with the Final Development Plan Documents. Said
certification shall be submitted to the City at least two weeks prior to the issuance of any
certificate of occupancy in this Development.
No. College Marketplace Dev Agr
FINAL 1-29-10
8.0 REVEGETATION SCHEDULES
Excavation and grading may ordinarily occur during any month of the year. However, revegetation
activities are typically more limited with respect to the time of year in which they should be completed and
must be timed to coincide with a recognized planting season. The following tables depict two
revegetation schedules that can be followed to achieve the mitigation objectives set for this project. .
Site conditions and/or climatic variations may require that these schedules be modified somewhat to
achieve revegetation success. The schedules do not reflect any weed control activities that may be
employed on site and would be mended to incorporate such a program, if required.
TABLE e-1: FALL (DORMANT SEEDING) MITIGATION SCHEDULE
Reclamation Taahnl ue J F M A M Month
J J A 3 0
Excavation/Grading Any month
ResoiNng and/or Ripping (if necessary) XXX
Seedbed Material Sampling XXX
Fertilization XXX
Seedbed Preparation XXX
Seeding
- XX
Uulching (as specified)
XX
Shrub Seedling and Tree Planting (following year) XX
MBow Cutting and Planting (following year before XX
TABLE 8 2: SPRING MITIGATION SCHEDULE
Month
imatlon Tachni a J F M A M J J A S O N D
ration/Grading Any month
ling and/or Ripping (!f necessary) XXX
)ed Material Sampling XXX
ration XX
red Preparation XX
19 XX
Ong (as specified) XX
Seedling and Tree Planting XX
Note: Weather and surface conditions permitting, the earlier in the season spring planting is completed
the higher the potential for revegetation success.
is
7.0 MANAGEMENT AND MAINTENANCE
No earth -moving activities will be permitted outside the boundaries of the mitigation areas except as
provided for in the site development plans. Adjunct disturbances related to the installation of emergency
erosion control or site stabilization measures are also excepted.
Ali erosion control measures will be kept In good condition until the mitigation plan is deemed
acceptable by the City or it is obvious that the site is stable and the installed measures are no longer
required as per City direction. Within this time frame, any erosion control measure removed prematurely
or damaged will be Immediately replaced / repaired.
The permanent wetland mitigation plantings will be Inspected bi-monthly (every two months) during
the first three growing seasons (April through September) following planting and also following intense
rainstorms. Areas of poor 'seed take' will be noted. Any area remaining unvegetated by desirable
Species throughout the first three growing seasons will be reseeded following the app►ication of
appropriate seedbed preparation techniques during the next Fall planting season. Shrub seedlings or tree
plantings judged to be dead will be replaced as necessary to meet success requirements during the next
appropriate planting season. Formal monitoring field techniques, such as transects, will not be employed.
Fieldwork will coincide with other project monitoring activities. Regular formal written reports will not be
prepared. ' Field observations, conversations, and activities will be summarized in a field notebook and
passed on to the City as appropriate.
When problems are noted, the City Environmental Planner and representatives of the North College
Marketplace Protect will be notified In order that the appropriate contractors may take corrective action. if
nutrient deficiency symptoms develop on revegetated areas, this condition will be remedied by adding the
proper nutrients in the proper amounts. More slips, slides, or slumps occur on slopes, such will be
remedied as soon as soil conditions permit access.
No mowing, trimming, or other similar vegetation modification activities will be permitted in the
wetland mitigation area unless directly associated with a planned weed control activrty or as directed by
the City.
17
8.0 MONITORING
8.1 General ceeitteattona
At the end of each of the first three full growing seasons following initial planting, the wetland
mitigation sites (including the water quality ponds) and Immediately adjacent constructed uplands will be
monitored quantitatively to determine the overall level of construction success, site stability, and
vegetation establishment. The results of this assessment will be submitted to the City of Fort Collins In a
report on or about December 31 of each monitoring year. information and showings to be submitted with
each annual quantitative monitoring report include a project location map. project history summary; a
discussion of the conditions of the mitigation sites, a summary of the data collected, copies of all data
sheets oompfeted in the field, and a continuation of the photographic record submftted with the first annual
report. As appropriate, recommendations will be made with respect to the continued maintenance and
monitoring of the mitigation area
Mitigation and revegetation success will be judged based on four criteria for the wetlands. These
criteria Inchide the size of the wetland mitigation areas successfully established, the wetiandsoil moisture
regimes created, the percent ground cover of wetland -classed species present in the wetland mitigation
area, and the percent success Of the shrub and tree plantIngs.
The mitigation size criterion win be met if the mitigation site qualifying as vegetated wetlands totals
2.36 acres. The soil moisture MOW criteria will be met if the wetland mitigation area surface dedicated
to the establishment of hydric species exhibits saturated conditions in the upper 12.0 inches of the soil
profile and/or shallow flooding throughout the majority of the growing season as evidenced either by soil
characteristics or the presence of sufficient wetland indicator species, Small ridges and potholes that
enhance species diversity will be acceptable so long as these features do .not compromise the overall
Integrity of the vegetated wetlands to be created. The average depth of free water over the mitigation
sites will be reported as wAl an estimate of the percent of the vegetated mitigation area overlain by free
surface water. (Surface water occurring in a mosaic with wetland species and representing a typical
marsh community will not be included in the estimate of percent of open water present.)
The wetland ground cover criterion will be met if, after three growing seasons, the total ground cover
contributed by all grass, fort, and shrub species (including willOw cuttings) present In the wetland
mitigation area Is equal to or greater than 80 percent, on average, and Weiland -classed species (FAC.
FACW, and OBL) are dominant on site (51+ percent relative cover) as compared to upland -classed
(FACU and UPQ species. in .addition, there will be no evidence of erosion detrimental to vegetation
establishment or site stability. The percent of open water occurring over the surface of the mitigation
i8
areas wail be considered a "null set' when calculating percent herbaceous ground cover, so long as such
surface water does not indicate the formation of an "open water" system.
Shrub (excluding willow cuttings which will be evaluated as a part of ground cover) and tree species
planted as a pert of wetland mitigation construction will be tallied by a simple count of viable species
present at the time of monitoring fieldwork Any Indications of insect or animal damage will be noted as
will any Indications of nutrierit deficiencies. Shrub and tree plantings will be considered successful where
90 percent of the number planted are present on site. In the case of shrubs, volunteer plants of all hydric-
classed species will be Included in the tally.
Mitigation and revegetation success for the adjacent constructed uplands will be judged based on
three criteria including the percent ground cover of plant species present in the constructed area, the
Percent success of the shrub and tree plantings, and surficial stability. The upland ground cover criterion
will be met If, after three growing seasons, the total ground cover contributed by all grass, forb, and shrub
species present is equal to or greater than 65 percent, on average.
Upland shrub and tree species planted as a part of upland mitigation will be tallied by a count of
viable species present at the time of monitoring fieldwork, As stated above for wetlands, any indications
of insect or animal damage will be noted as will any indications of nutrient deficiencles. Shrub and tree
Plantings will be considered successful where 90 percent of the number planted is present on site. In the
case of shrubs, volunteer plants of all native upland species will be included in the tally_
in terms of surficial stability, the presence of rills and gullies, if any, will be noted. All gullies will be
repaired at the first opportunity and reseeded i mulched at the next recognized planting season. All rills
determined to be detrimental to the establishment of a stable, self-perpetuating vegetation community will
be obliterated by surficial manipulation or repaired as noted for Identified gullies.
Any actions deemed necessary to enhance mitigation success and / or site stability will be taken as
a result of each annual monitoring assessment. Monitoring will continue on an annual basis until the City
judges this mitigation program to be successful.
8.3 SWI and Plant Cover SAmR_ng Taehniai_in !face
To determine the depth to which non -inundated soils are saturated, soil sample pits will be dug at
eight representative locations in the wetland mitigation areas. Each pit will be dug to a depth of
approximately 12-0 to 14.0 inches. The depth to saturation, if occurring, will be recorded.
Soil matrix colors wig be recorded in a minimum of four of the sample pits dug in the mitigation areas
to assess soil moisture regime characteristics The presence of mottles or greying will be noted and the
color, abundance, and contrast of mottles recorded, if present. A sulfidic (HzS) odor will also be noted
when observed.
19
Plant cover will be evaluated using the point -intercept method. A •100-foot tape will be Iald out along
the surface at approximately 11 locations (total) in the created ,wetiands, two water quality ponds, and
uplands. Transacts will be sited to represent the vegetation conditions common within the mitigation
areas. At each one -foot interval along each transact, a "hit" will be recorded. A hit win consist of
vegetation (by species), 'free water", floating algae, or bare ground/rockllitter combined. The percent,total
plant ibover wig then be calculated for each transect. The relative cover contributed by both hydric and
upland plant species will also be calculated for wetland transeds_
0. Groundwater Monitortng ar the North w�trnnrl ieTt�S`,r��2�- !
To determine whether construction / development activities are having a negative Impact on the
northern wetland (FTCW002), groundwater levels will be measured twice a month during the growing
season (April 1 through October 1) for each of three years following the beginning of construction grading
on site. In addition, one boring to be installed in the Spring of 2009 near the junction of the southern
border of FTCW002 and the northern border of construction will also be monitored. A negative impact is
considered one that results in changes to the existing hydrologic regime and wetland vegetation
.community of FTCW002 in terms of vegetation density and plant community components that would
signal a reduction In the functions, values, and/or size*of this wetland.
The depth to groundwater will be measured and these depths compared to depths taken in previous
years. These data will be used to determine whether a water loss is occurring during the growing season
potentially resulting in an undesirable shift in vegetation dominance or if the wetland is tieing artificially
drained.
A photo record of the vegetation communities of the northern wetland beginning at the assumed
500400t drawdown extent described above, to the southern border of the north wetland, wig be compiled
and maintained. Permanent photo plots will be established at 100-foot Intervals (six plots total) in concert
with the City Environmental Planner, it available. Each photo point would be identified with a stake. Each
photo taken would encompass an area approximately 1.0 meter x 1.0 meter In size. Photos would be
taken on a monthly basis unless a significant ground water drawdown occurred. At that time, ,photos
would be taken on a semi-monthly (every'two weeks) basis. Formal vegetation transacts are not
Proposed to be run initially. Such could be evaluated later as groundwater and other site conditions
dictate.
FQltowing each semi-monthly (every two weeks) monitoring event, an e-mail will be sent to the City
'Environmental Planner summarizing the data In tabular format gathered at the boreholes_ The annual
report for groundwater monitoring will be included as a section within the annual compensatory wetland
monitoring report due on or about December 31 of each year. The report section wig Include a summary
20
of the monitoring methodology, annual results in tabular format and a comparison with previous
monitoring results.
If it is determined that an adverse impact Is occurring, taking into account climatic factors extant,
remedial actions will be devised that can be Implemented to address this situation and bring the overall
hydrologic regime of wetland FTCW002 to pre -disturbance / construction conditions.
21
9.0 LITERATURE CITED
Cedar Creek Associates, Inc. 2008, Dellneation Letter Report Submitted to the Corps of Engineers. 3 pp.
+ table, data sheets, photos, and map.
CTL Thompson, Inc. 2008. Geologic and Preliminary Geotechnical investigation - Willox Commons -
Fort Collins, Colorado. CTL Thompson. Fort Collins, Colorado. 18 pp. + maps and appendices.
ENSR Corporation. 2006a. Wetland and Other Waters of the U. S. Delineation Report. ENSR
Corporation. Fort Colons, Colorado. 7 pp. + appendices, photos, and maps.
ENSR Corporation. 2006b. Ecological Characterization Report for the King-Soopers — College — Wiilox
Development Site (Draft). ENSR Corporation. Fort Collins. Colorado. 6 Pp, + appendices, photos,
and maps.
ENSR Corporation. 2006c. Ute-ladies Tresses Orchid and Colorado Butte* Plant Survey Report for the
King-Soopers — College / IA41bx Development Site (Draft). ENSR Corporation. Fort Collins,
Colorado. 7 pp. + appendices, Photos. and maps.
22
APPENDIX A: REVEGETA71ON TECHNICAL SPECIFICATIONS
REVEGEM WN TECHNICAL SPECIFICATIONS
MATERIALS, METHODS, AND TECHNIQUES
Prepared for
1008 NORTH COLLEGE, LLC
Loveland, Colorado
Prepared by:
cmaka CRIZEM Amocurms, INC.
Part Collins, Colorado
July 2008 (Revised January 2009)
TABLE OF CONTENTS
Eau
1.0 Material mpodifiptipns.........................................
.............................................................................
1
1.1
1.2
1.3
1.4Native
1.5Wood Fiber Mul ch8Hydnmnulch.................... —__
........................ .............................................
1.6Erosion Control Matting ................................................................................................................... 2
1'7Netting and Staples ........................................................... .........................................................
_�
2.0 Care of Delivered Materials ----------------------------:--'------..4
3.0 Technique Speci0catIomm —: ........................................................-------.—.--------_. 5
3.1 General ............................................................................. -----_---.----------.
O'2 —'—'----'----------------------'--'----_---------'5
�QSewdbmd Mmb��| _------------------_---`---_-----_5
3.4Smedbmd Material Sampling ............................................................................................................. 6
|15Disking ............................................................................................................................................ 7
3.6 '..............'...........'........ ........'............................'..'..................... 7
"'' Broadcast Fertilization —'-------'------'-------------_—_--_�7
3.MDrill Seeding .................................................................................................................................... 8
8'SBroadcast Seeding ........................ ................................................... .......... —'
.............................
0
@.10Hydmses0ng................................................................................................................................. S
3.11 Hand Raking .......................................................................................................................... —9
4LVPotential GourmmmafSeed and Planting Stock ................................. ............................................... 13
4.18med ---.......................................................................... -------------------'--13
4.2Seedlings and Ernergmnto................................................... ...................................... ................... 14
4.3 Willow Cuttings. .............................................................................................................. ............... 14
U
Korth College Marketplace PnojmrA—S. G. Long — January Q0]
2.
(a) In accordance with the Redevelopment Agreement, a 7.254-
acre area designated as the "Wetlands/Detention Area" shall be deeded
by the Developer to the URA. Notwithstanding anything to the contrary in
the Redevelopment Agreement, the maintenance of the
Wetlands/Detention Area shall be provided by the Developer for an initial
three-year period commencing on the date of the deed transferring the
Wetlands/Detention Area to the URA (the "Developer Maintenance
Period") and thereafter by the URA through assessments on the Property
and the 2nd Filing as provided in the Redevelopment Agreement. In
accordance with Section 3.2.c. of the Redevelopment Agreement, no later
than upon commencement of the Developer Maintenance Period, the
Developer shall make an initial deposit into a fund established by the URA
("Assessment Fund") of an amount equal to $2,000 per acre, multiplied by
the actual acreage of the Wetlands/Detention Area ($14,508), for the
City's use in maintaining the Wetlands/Detention Area for the first year,
and at such time shall also deposit the same amount into a separate
reserve fund of the URA ("Reserve Fund") for the City's use in making up
any deficiency in the Assessment Fund.
No later than ninety (90) days after completion of the first year of
maintenance of the Wetlands/Detention Area by the URA, the URA shall
provide written notice to the Developer of the actual costs incurred during
such year and shall provide documentation to support such costs. In the
event the actual cost of maintenance of the Wetlands/Detention Area for
the first year of maintenance is less than the amount paid into the
Assessment Fund for such year, the unused portion thereof shall be
refunded to the Developer. In the event that the actual cost of
maintenance of the Wetlands/Detention Area for the first year exceeds the
amount deposited in the Assessment Fund for such year, the Developer
shall pay the difference into the Assessment Fund within thirty (30) days
after receipt of the URA's written notice of actual costs, and shall also pay
an additional amount into the Reserve Fund equal to the difference
between the initial deposit into the Assessment Fund and the actual cost
of maintenance of the Wetlands/Detention Area for the first year.
No later than ninety (90) days after the end of each calendar year,
the URA shall provide written notice to the owners of the Property or their
designated representative of the actual costs incurred during the prior year
and shall provide documentation to support such costs, and no later than
thirty (30) days after receipt of the URA's written notice of actual costs,
each owner of the Property shall annually pay an assessment, in an
amount determined by the URA based on the prior year's actual costs of
maintenance, into the Assessment Fund as payment of its prorata share
of the maintenance costs for the current year. Such assessment
No. College Marketplace Dev Agr
FINAL 1-29-10
REVEGETATION TECHNICAL SPECIFICATIONS
MATERIALS, METHODS, AND TECHNiOUES
The following specifications have been written for the 1908 North College, LLC (Applicant) to aid in
Implementing the revegetation / mitigation plan prepared for this project. These specifications may be
used as a reference to develop formal bid packages should the Applicant prefer to contract out any or all
of the field mitigation portion of this project. These specifications can also be used for guidance when
erosion control measures must be employed on an emergency basis or to serve as a technical base when
making Uwe site stabilization or mitigation plantings. Specifications for a wide variety of materials and
revebetation / mitigation techniques, other than those specified in the mitigation plan, are included herein
should the purchase of such materials or use of such techniques be necessary for any reason. where
these specifications deviate from those promulgated by the City, City specifications will take precedence.
1.0 MATERIAL SPECIFICATIONS
The following specifications are presented to Identify the quality of materials that should be
purchased to complete revegetation 1 mitigation activities. Efforts should be made to follow these
specifications, although minor deviations may be required due to the commercial availability of various
materials within the region at the time of purchase.
1.1 EM11
All fertilizer material will be furnished in waterproof or water-resistant bags. Each bag must be
marked with the weight and manufacturer's guaranteed analysis of the contents showing the percentage
of each Ingredient contained:
Seed will be furnished In standard containers with seed name; lot number; net weight; and
percentages of purity, germination, hard seed, and maximum weed seed content clearly marked for each
type of seed. Seed supplies will not contain the seeds of any State recognized noxious weed species. A
certificate stating that each seed lot ha's been tested by a laboratory with respect to the above
requirements will be delivered with the seed.
CNy certified seed of named varieties shall be used where varieties are specified and can be
obtained. Sources for "common* seed should be those with climatic and cevational characteristics as
close to project site characteristics as possible. Legume seed will be inoculated with the correct
1
North College Marketplace Project — S. G_ Long — January 2009
rhizobium prior to shipping. An legume seed will be planted prior to the expiration date on the inoculum
tag or reinoculated within 24 hours prior to planting.
1.3 Seedlings and Tree Stock
All seedlings accepted will be true to type and name. All seedlings and stock will have well -formed
tops and root systems and be free from injurious insects and plant diseasft ftnts will be free from: 1)
serious abrasions to roots, stems, and branches; 2) dried root systems; 3) thin root systems; 4) mold; 5) a
dry, loose. or damaged soil mass; 6) root -bound conditions; 7) broken or malformed containers; and 8)
sun -scald, wind, or freezing damage. Seedlings cut back from larger slzes.to meet specified sizes will not
be accepted. An stock win be "hardened off" prior to shipment so that stock Is physiologically prepared for
out -planting.
1.4 Native Hay or Straw Mulch
Mulch win not be musty, moldy, caked, or decayed and shall be free of noxious weeds or noxious
weed seeds. R will be delivered in an air-dry condition. The majority of stems should be 10 to 12 Inches
long or longer prior to application If the mulch is to be anchored by crimping. When the mulch Is to be
anchored by netting or a chemical tackifier, a majority of stems should be at least 6 inches long.
1.5 Woad Fiber Muk:h fHvdromufch)
Wood fiber mulch will be a natural, short fiber product, produced from Clean, whole wood chips. The
material should disperse readily in water to form a homogeneous slurry. The fiber, dye, and any
tackifying agent to be used will be non -toxic to plant and animal species. The pH of the fiber material will
be greater than 3.5. The mulch will be capable of remaining in uniform suspension In water under
agitation. The mulch will be delivered to the site in standard manufacture's packaging.
1.6 Erosion CgntCab attlna
Matting Will be composed of a blanket of Interlocking curled wool fibers overiafn with cotton (only)
netting as an integral component of the mat. The matting will be of uniform thickness with curled wood
fibers spread evenly over the mat. Matting components will be non -toxic to vegetation and the blanket win
be smolder resistant The matting will not be moldy or decayed. Malting will be delivered in standard
manufacturer's packaging.
2
North College Marketplace Project — S. G. Long —January 2009
1.7 jVettfna and Staples
Cotton netting will be furnished in rolls and show little or no shrinkage after application. Staples will
be U-shaped and be made of 11 or 12 gags steel wire. Staple lengths should be 6 to 8 inches for firm
soils and not less than 12 inches for loose soils.
3
North College Marketplace Project — S. G. Long — January 2009
2.0 CARE OF DELIVERED MATERIALS
Commerclaily purchased seedlings and tree stock will be delivered to the construction site as close
to the time of planting as possible. Upon receipt of the shipment, plants will be inspected for moisture
status and condition. All seedlings will be watered upon arrival, as necessary, to keep the root system in
a moist condition. Watering will be repeated every four days, as needed, following this date until planting.
No fertilizer materials will be applied to stored plants. Plants will be stored In such a manner as to:
• avoid or reduce moisture stress,
• avoid excessive heat or cold,
• protect plants from wind and mechanical damage, and
• provide a staging area for subsequent planting activities.
All fertilizer, seed, and mulch materials will be retained in shipping bags until they are to be used.
These materials will be stored in a protected area in a manner to prevent them from coming In contact
with Incident precipitation or surface water.
All plant roots or tubers of wetland plant species purchased from commercial sources will be shipped
and received in a moist condition. If not planted immediately, the stock will be refrigerated In a moist
condition until the time of planting.
4
North College Marketplace Project — S. G. Long — January 2009
3.0 TECHNIQUE SPECIFICATIONS
3.1 General
Areas outside the limits of the site(s) to be revegetated will not be disturbed, excepting those areas
specifically set aside for staging, or as directed by the rovegetation supervisor_
On slopes accessible to common agricultural machinery, all operations will be conducted song the
contour as governed by safety considerations. On slopes accessible to construction equipment, but
inaccessible to agricultural machinery, all operations will be conducted so as to avoid creating conditions
which increase or enhance downslope surface or subsurface flow patterns. On level or nearly level sites,
as areal conditions permit, all equipment operations will be conducted perpendicular to the prevailing wind
direction.
3.2 Ripping
Ripping will be accomplished by a dozer equipped with a single or twin set of ripper shanks. Ripping
will be completed to a depth of at least 1 or 2 feet, as specified. on approximately 2- to 4400t centers.
Ripping will be completed at a speed which maximizes the action of the ripper shanks and promotes
material disruption to the required depth_ Material type and compaction levels will be major factors in
determirpng tractor speed.
3.3 Seedbed Material Apnllcatlon
Seedbed material will be applied as soon as possible after grading and/or ripping. Seedbed material
to be applied will be that previously identified as suitable for reapplication or that selected in the field for
use by the field supervisor. Equipment utilized will be capable of applying this material in the prescribed
manner given slope, application depth, and areal extent as well as material characteristic considerations.
Seedbed material will be spread to an even ddpth as per resoiling specifications. The number of
equipment passes over the site will be kept to the minimum necessary to property complete material
application and avoid unnecessary compaction. Seedbed materials should not be handled when such
materials contain a moisture content which would inhibit proper application or contribute to excessive
compaction. The surface of reapplied materials will be left in a roughened condition to inhibit erosion
while providing a proper surface for the application of subsequent revegetation techniques.
5
North College Marketplace Project — S. G. Long — January 2009
3A Stjd&W Nlaterlal SaMplino
General Procedures
The laboratory selected to analyze the samples should be contacted at least 15 days in advance of
the sampling period to aid in coordinating sample analysis with the beginning of revegetatoh activities on
site. All samples should be taken with either a file spade or soil auger. This equipment will be free of all
foreign substances and rust. No galvanized tools should be used. Approximately 1 quart of material need
be collected for each sample.
All samples %vill be placed In clean polyethylene bags at the time of collection and securely sealed for
delivery to the laboratory. All efforts should be made to deliver the samples to the laboratory as soon as
possible. When samples cannot be delivered within 24 hours of collection, samples should be air-dried.
Approximately 48hours can be considered a sufficient time for air -dying. Samples should be dried in as
dust -free of an environment as is possible.
Spedflc Procedures
Two samples need be collected representing the surface 24 inches of seedbed material at each
sampling point. Where soil has been respread over the surface to be reclaimed, the upper sample will
represent the depth of soil applied and the lower sample the sub -base material to a depth of 24 Inches.
Where soil has not been applied, two samples should be collected representing the 0 to 12 inch and 12 to
24 arch depths of seedbed material. For each set of samples, the average slope and estimated percent
coarse fragment content by volume need be noted.
At least two sets of samples should be taken for each mitigation area or grouping of mitigation areas
to be reclaimed. The number of samples to be collected will be at the discretion of the revegetation
supervisor. Sample composhing for larger acreages is recommended. All sample site locations will be
noted on a project map.
Each sample should be analyzed at a minimum for:
• pH,
• texture (field method),
• percent organic matter,
• NH4-N and NO3-N (ppm),
• phosphorus (ppm),
• potassium (ppm),
• electrical conductivity (mmhostcm),
• lime estimate, and
• sodium adsorption ratio ,if advisable.
.s
North College Marketplace Project— S. G. Long —January 2009
Other ,parameters may be added where prior sampling results indicate the potential for plant
establishment and growth constraints related to growth medium chemical or physical characteristics.
Accompanying each composite sample should be a brief discussion of the area from which the
sample was collected_ The discussion should include comments concerning:
• plant species to be established,
• type of seedbed preparation techniques to be employed,
• type of mulching practices to be employed, It applicable,
• approximate slope,
• any special problems or conditions such as weed infestation, and
• past and future land use' considerations.
3.6 Dialdog
Disking will be applied as a seedbed preparation and fertilizer incorporation treatment on areas that
will be seeded, as specified. To complete the disking operation, the disk will be towed behind an
agricultural tractor at a speed that minimizes surficlal disturbance and optimizes fertilizer incorporation to
a depth of approximately 6.0 Inches. '
Harrowing is the preferred method of seedbed preparation for areas which are accessible to
revegetation equipment. A flexible -tine harrow Is preferred where excessive amounts of rock fragments
occur in the seedbed,material. With respect to more conventional equipment, a spring -tooth harrow is
preferred over a spike -tooth implement though both types are acceptable for use. Harrowing is applicable
for seedbed preparation, incorporating fertilizer Into the seedbed, and for covering broadest seed. As
with disking, passes over the seedbed should be kept to the minimum necessary to meet operational
objectives. Fertilizer should be incorporated into the seedbed to a depth of approximately 6.0 inches.
3.7 Broadcast FertlUmlon
Fertilizer will be broadcast over the seedbed using hand -operated "cyclone -type" seeders or rotary
broadcast equipment attached to construction or revegetatlon machinery. When an area is disked or
harrowed to complete seedbed preparation, broadcast fertilization can occur simultaneously with disking
or harrowing to simplify the revegetation process. All equipment used will be equipped with metering
devices. Fertilizer application will take place prior to the final seedbed preparation treatment to ensure the
Incorporation of fertilizer Into the seedbed. Fertilizer broadcasting operations should not be conducted
when wind velocities would interfere with even fertilizer distribution.
7
North College Marketplace Project — S. G. Long -- January 2009
Fertilizer wilt be applied at rates commensurate with recommendations resulting from seedbed
material sample analysis. All nutrients will .be applied in a single application. The most soluble
phosphorus fertilizer material should be selected for use. A slow -release type fertilizer is preferred as a
source of nitrogen.
3.8 DriN SIKIM
Drill seeding Is preferred for planting operations where aerial conditions permit. Drill seeding will be
completed using a drill Implement preferably equipped with the following features;
• depth bands- to allow seeding at the proper depth,
• seedbox agitator- to promote seed mixing,
• seedbox baffels- to aid in even seed distribution among rows,
- seed -metering devk�- to promote even seed distribution within rows,
• furrow openers- to permit proper seed placement from seed spouts, and
• drag chains- to aid in seed coverage
To complete the drilling operation, seedboxes will be loaded with the seed mixture and the drill
calibrated. Rice hulls or other inert materials, N necessary, can be used to promote seeding at the proper
rate. The drill will be adjusted to plant seed to the proper depth. The depth of seeding PAU be
approximately 0.25 to 0.50 Inch under normal circumstances. Dmi row spacing will be set at
approximately 6 to 8 Inches. The drill will be towed across the seedbed to complete the planting
operation. Drill seeding will take place immediately following the completion of final seedbed preparation
techniques.
3.9 fdrosdcast SWIng
Broadcast seeding will be accomplished using hand -operated "cyclone -type" seeders or rotary
broadest equipment attached to construction or revegetation machinery. All machinery will be equipped
with metering devices. Broadcasting by hand will be acceptable on small, Isolated sites. when broadcast
seeding, passes will be made over each site to be seeded in a manner to ensure an even distribution of
seed. When using hopper type equipment, seed should be frequently mixed within the hopper to
discourage seed settling and an uneven planting distribution of species.
Broadcast seeding will take place immediately following the completion of final seedbed preparation
techniques. Broadcast seeding should not be conducted when wind velocities would prohibit even.seed
distribution. The broadcast seeding rate for herbaceous species will be twice the rate of drill seeding_
Woody species will be established by broadcast seeding methods only.
8
North College Marketplace Project — S. G. Long — January 2009
3.10 ffvdropeedina
This technique can be used on slopes too steep or wet for drill seeding. Seed will be applied in a
separate operation and not combined with the mulching step. This technique will be applied immediately
following fertilizer incorporation. The pH of the slurry will be greater than or equal to 5.0. The slurry will
be agitated throughout the seeding process. During implementation, care will be taken to apply seed
evenly over the area to be seeded.
3.11 HAUd Raking
This treatment can be used on sites too small or steep for the use of conventional machinery. The
objectives of this technique are to prepare the seedbed for seeding, incorporate applied fertilizer Into the
seedbed, and. cover broadcast seed. To accomplish these objectives, raking will occur over the entire
disturbed area to the maximum depth feasible for seedbed preparation and fertilizer incorporation.
Raking to cover seed will consist of a lighter treatment sufficient to provide a soil cover over the broadcast
seed.
3.12 Seedling Planting
Individual seedling planting sites will be staked or otherwise identified prior to seedling planting by
the field supervisor. At each selected planting site, a circular area (planting circle) will be cleared of
debris. The diameter of the circle will be approximately 12 to 24 inches depending upon the size of the
seedling. The receiving hole will then be dug to a depth 2 to 4 inches deeper than that necessary for
planting of bare -root or tubiing stock and twice the size of the rootball.4 or containers for larger stock.
Planting holes can be dug by hand or with a power auger.
The hole will be of sufficient size to allow for positioning the seedling and tamping the backfill. After
the hole has been formed, it will be partially backtilled with loose seedbed material to allow planting to the
proper depth. The seedling will then be placed in the hole so that the root collar Is slightly below the
ground surface and the rots are positioned as straight as possible. Following seedling placement, the
hole will be one -halt bactdilled with soil and then filled with water. The remainder of the seedbed material
will be bac kfilfed into the hole as rapidly as possible without displacing water from the hole. The backfill
will be lightly tamped around the seedling. A second watering may be required to settle the backfill.
Planting will be accomplished to the same depth as the seedling was grown in the container. Watering
requirements may be waived when planting Into saturated wetland mitigation areas.
8
North College Marketplace Project — S. G. Long — January 20o9
A basin, which slopes gently from the outside of the planting circle to the seedling stem, will be
formed from excess backflil material to aid in water catchmbnt. The basin may be mulched with straw
and the straw anchored by the appropriate means, if specified. Formation of a basin may also be waved
when planting into saturated soil, subsoils, or growth media In wetland mitigation areas.
3.13 Willow Cutting Cgllgglon and Plantinn
Willow cutting collection will take place from healthy, dormant willow stands In the late fall, winter, or
early spring (preferable) when weather or snow conditions allow. Stems will be cut from the parent plant
to a length of 12-18 inches: normally. Longer lengths will be needed for deeper planting to reach mid-
summer ground water levels. The basal cut will be made immediately below a node. Stem diameter will
not exceed approximately 1 inch. Stem material 1-2 years old will be preferred, avoiding thin, sucker
stems. Side branches should be trimmed such that the cutting is a single stem and the top of the gutting
sealed with a 50150 paint/water mix or commercial sealant to reduce transpiration after harvesting.
Viability of the donor plants will be maintained by selective cutting removal. Cuttings will be stored under
freezing conditions, with a wet towel wrapped around the base of stem bundles to prevent desiccation,
until the time of planting. Prior to planting, the lower one-third of the cutting should be soaked in water for
a minimum of 24 ours prior to planting.
To complete willow, cutting planting, each cutting will be pushed into the ground, without damaging
buds, such that less than half the cutting length remains above the seedbed surface. The planting site
will be tamped to remove air pockets from around the cutting. The *proximal end of each cutting will be
dipped in Indolebutyric acid (IBA) prior to planting to promote root formation. Stem "polarity" will be
maintained throughout the cutting collection and planting process.
3.14 tlnot and Miner (Emergent) Planting
The planting of commercial root and tuber stock wilt follow the directions provided by the supplier in
terms of planting depth, planting time, and the soil moisture regime best suited for the species selected
for planting. Planting specifications for collected roots and tubers will parallel those provided by
commercial suppliers.
3AS Tree Planting
Techniques to be used to plant trees will be those specified by the nursery supplying the stock or the
contractor employed to plant the trees. In any event, the techniques noted under Seedling Ranting
regarding hole formation, backfilling, and watering will be observed when planting trees. In addition, the
planting circle will extend from the drip tine to the trunk of the tree, at a minimum. All stock over five feet
10
North College Marketplace Project -- S. O. Long — January 2oD9
obligation shall be established by restrictive covenant or other binding
obligation imposed upon the Property and the Property owners, which
document shall be in accordance with the Redevelopment Agreement and
shall be recorded with the Larimer County Clerk and Recorder. In the
event the actual costs of maintenance for such year are less than the
balance in the Assessment Fund, the unused portion of such assessment
shall be credited prorata to the owners of the Property and that credit
applied to the assessment for the current year. In the event that the actual
costs of maintenance of the Wetlands/Detention Area for such year
exceed the balance of monies in the Assessment Fund, the URA shall
fund such difference from the balance in the Reserve Fund. If the
Reserve Fund is accessed to make up a deficiency in the Assessment
Fund, that portion of the subsequent year's assessment which represents
the amount of withdrawn Reserve Fund monies will be deposited in the
Reserve Fund to return the balanced in the Reserve Fund to its pre -
withdrawal amount.
(b) No maintenance of the Pedestrian Bridge is required of the
Developer because, in accordance with Section II.K. hereof, the
Developer is instead required to make to the City a payment in lieu of
construction/maintenance of the Pedestrian Bridge.
(c) Consistent with the Redevelopment Agreement, the Developer
shall be responsible for maintaining the structural integrity and operational
functions of all drainage facilities throughout the build -out of this
Development. If at any time following certification (as required pursuant to
paragraph II.C.1 above) of said drainage facilities and during the
construction of structures and/or lots within this Development the City
reasonably decides that said drainage facilities no longer comply with the
Final Development Plan Documents, the City shall give written notice to
the Developer of all items which do not comply with the Final Development
Plan Documents. Unless the Developer successfully appeals the decision
of non-compliance, it shall bring such facilities back up to the standards
and specifications as shown on the Final Development Plan Documents.
Failure to maintain the structural integrity and operational function of said
drainage facilities following certification shall result in the withholding of
the issuance of additional building permits and/or certificates of occupancy
until such drainage facilities are repaired to the operational function and
structural integrity which was approved by the City.
3. The Developer agrees to provide and maintain erosion control
improvements as shown on the Final Development Plan Documents to stabilize all over -
lot grading in and adjacent to this Development. Consistent with the Redevelopment
Agreement and in satisfaction of the City's requirements for erosion control
improvements' security, the URA has submitted a letter to the City confirming that it has
the funds necessary to secure such improvements (i.e. $76,452) prior to beginning
No. College Marketplace Dev Agr
FINAL 1-29-10
in height will be staked according to accepted procedures to promote tree stabilization. Stock will be
watered during the first growing season following planting on a schedule to be determined by the
revegetation supervisor.
9rl:Ti� ; r7r. Wi7_711MM►ilT1
Mulching wil be conducted Immediately following seeding operations. The mulch will be spread
evenly by hand or mechanlcat blower. When mulching slopes, application will be initiated at the top of the
slope, working down -slope, where possible. Mulch will not be spread when wind velocities would prohibit
even distribution.
Approximately 2 tons of mulch per acre will be applied to all areas to be mulched. Native hay or
straw materials will not be chopped so fine as to inhibit mulch effectiveness or proper anchoring.
3.17 Hydrgmrdchina
This technique can be used on steeper slopes to provide a mulch cover on areas too small to permit
native hay or straw mulching. Hydromulch will be applied at a rate greater than or equal to 1,500 lbs. of
mulch per acre. Rates up to 3,000 to 3,500 lbs. per acre may be required for steeper slopes and or
critical areas. A tadcifying agent will be added to the slurry to ensure mulch stability. The pH of the mulch
slurry will be greater than or equal to 3.5. This technique will be applied immediately after seeding but will
not be applied under freezing conditions or over standing water. The hydromulch machine should be
equipped with an emulsion induction system.
The prescribed amount of water, mulch, and tackifying agent will be loaded into the mulch tank.
(Seed will be applied in a separate operation.) These components will be mixed into a homogeneous
slurry in the tank. The slurry will remain agitated throughout the mulching process and be applied
uniformly over the seedbed to be treated.
3.18 Native Ftoy or Oft= Mulch Nettlna
Netting will be used to anchor applied native hay or straw mulch on all areas too steep for, or
inaccessible to, agricultural machinery. Netting will be applied In the following manner Immediately
following mulch application.
All rocks and debris which would Inhibit the proper installation of netting will be removed from the
slope prior to mulching. The netting will be applied over the straw smoothly but loosely without stretching
from the top to the bottom of the slope. The top edge of the netting will be buried in a narrow trench 6
inches deep with staples anchoring the netting within the trench. Where netting ends meet, the upslope
fi
North College Marketplace Project — S. G. Long — January 2009
end will overlap the downslope end by 4 inches. where lateral edges of rolls meet, an overlap from either
side of 4 Inches will. be made. Staples will be inserted on a 1-foot spacing along the top and bottom edge
of the netting. Staples will be inserted every 4 feet down each edge and the center to form an x-shaped
pattern. All staples will be inserted so that they are flush with the seedbed.
Disking can be used to anchor applied native hay or straw mulch to slopes accessible to equipment.
Disks used for this purpose will have dull and preferably notched, round -edged blades set straight.
Crimping should be completed by traversing the entire mulched area and anchoring the mulch, by rows,
approximately 3 to 4 Inches into the seedbed on 8• to 12-inch centers. A mulch crimper is preferable and
should be used in lieu of a disk implement, if available.
3.20 Eroeign Control Matting
Erosion control matting can be used to mulch steep slopes or as an erosion control backup for use In
emergency situations. Matting will be applied In a down -slope fashion except for small, linear -oriented
areas of cut -.or fill -slopes. In such cases, the matting can be applied across the disturbed slopes. The
application procedure described below will be followed.
The surface wig be treated to eliminate surface Irregularities. Stones and rock fragments which
would inhibit mulch placement will be removed. The matting will be applied smoothly but loosely over the
surface without stretching. The upgrade end of the mat should be buried in a trench at least 6 inches
deep, anchored with staples, and the trench backfilled and compacted. Where mat strips overlap, the mat
will be placed so that the upgrade mat overlaps the downgrade mat by 6 to 12 Inches. Adjacent mat
strips will be overlapped approximately 3 to 4 inches. Matting will be anchored with staples driven flush
with the seedbed. along each edge, and down the center of the mat. Staples driven at the edges will
alternate linearly with those located down the center of the mat.
12
North College Marketplace Project — S. G. Long — January 2009
4.0 POTENTIAL SOURCES OF SEED AND PLANTING STOCK
The following sub -sections list sources that typically stock planting materials for the species referred
to in this document. Other sources also exist that stock quality planting materials and should be
contacted for price quotes.
4.1 S!A.
Anderson Seed Company
110 Anderson St.
P. O. Box 1017
Lamar, Colorado 81052
719-336-2226
Aquatic and Wetland Nurseries, Inc.
9N9 Weld County Road 25
Fort Lupton, CO 80621
303-857-6157
Granite Seed
1697 West 2100 North
Lehi, Utah 84043
801-768-4422
Attn: Wiliam Agnew
Miller Grass Seed Go., Inc.
P_ O. Box 81823
1600 Comhusker Highway
Lincoln, Nebraska 68501
402-438-1232
Southwest Seed
P. O. Box 1604
605 25th Street
Greeley. Colorado 80632
970-356-7002
Sun Chaser Natives
14290 W. 54th Ave.
Arvada, Colorado 80002-1512
303-278-9725
Western Native Seed
P. O. Box 188
25 Pine Edge Dr.
Coaldale, Colorado 81222
719-942-3935
.13
North College Marketplace Project — S. G. Long — January 2009
4.2
Aquatic and Wetland Nurseries, Inc.
9999 Weld County Road 25
Fort Lupton, CO SM21
303-857-6157
Bitterroot Native Growers, Inc.
445 Quast Lane
Corvallis, Montana 59828
(406-961-4991)
Kesters Wield dame Food Nurseries, Inc.
P. O. eox 516
Omro, Wisconsin 54963
414-685-2929
Pleasant Avenue Nursery, Inc.
P. O. Box 257, 506 South Pleasant Ave.
Buena Vista, Colorado 81211-0257
719-395-6955
Sun Chaser Natives
14290 W. 54th Ave.
Arvada, Colorado 80002-1512
303-278-9725
4.3 WIDOW Cuttings
Willow cuttings can be collected from existing native stands with approved access.
4.4 Trees
Fort Collins Nursery
2121 E. Mulbe"Street
Fort Collins, Colorado
970-482-1984
Harmony Gardens
4315 E Harmony Road
Fort Collins, Colorado
970-226-87' 3
.lust Trees
4701 E Prospect Road
Fort Collins, Colorado
970-482-3711
Ketterer's Landscaping 8 Nursery Inc.
5519 West U. S. Highway 34
Loveland, Colorado
970-667-1124
Or any approved nursery in the area
14
North College Marketplace Project — S. G. Long —January 2009
APPENDIX B: FIGURES AND CROSS - SECTIONS
N
Alwo
'WL
4A
NM-
.8
nZ.
r,
L
z
0 0
140
i p low*:
1p
Ea
V�
zmc
IRA w04 CL
Z,
16L
Lu Z�O
No Text
W
W ed
g o
u
FM
s z zul
co
w
LL
+ 1
z
cn
U-
construction to guarantee the proper installation and maintenance of the erosion control
measures shown on the Final Development Plan Documents. Said security deposit(s)
have been made in accordance with the criteria set forth in the City's Storm Drainage
Design Criteria and Construction Standards (Criteria). 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 plans and the Criteria are properly
enforced. The City may apply such portion of the security deposit(s) as may be
necessary to pay all costs incurred by the City in undertaking the administration,
construction, 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 Agreement, as it
deems necessary in order to ensure that the Developer installs and maintains the
erosion control measures throughout the build -out of this Development.
4. It is important that all lots be graded to drain in the configuration
shown on the Final Development Plan Documents. For this reason the following
requirements shall be followed for all buildings/structures on all lots:
Prior to the issuance of a certificate of occupancy for any lot or building
the Developer shall provide the City with certification that the lot and or the
building has been graded correctly. This grading certification shall
demonstrate that the lot or building finish floor elevation has been built in
accordance with the elevation specified on the Final Development Plan
Documents. The certification shall also show that the minimum floor
elevation or minimum opening elevation for any building constructed is in
compliance with the minimum elevation as required on the Final
Development Plan Documents. The certification shall demonstrate as well
that any minor swales adjacent to the building or on the lot have been
graded correctly and in accordance with the grades shown on the Final
Development Plan Documents. The certification shall also show that the
elevations of all corners of the lot are in accordance with the elevations
shown on the Final Development Plan Documents. Said certification shall
be completed by a Colorado licensed professional engineer and shall be
submitted to the City at least two weeks prior to the date of issuance of the
desired certificate of occupancy.
5. The Developer shall obtain the City's prior approval of any material
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 houses and/or
development of lots, whether by the Developer or other parties. The City reserves the
right to withhold the issuance of building permits and certificates of occupancy for this
No. College Marketplace Dev Agr
FINAL 1-29-1 a
uj
101
C
O $
z x
uj
og�
log
�
I nn
4
.0
ilfal
E
H
RR
R
in
win
__._........ .__....__.._...._..__.-------_-------.._._.
� !o
O
z
0
U
w
w
OG
0
Z
w
U
a
J
UA
LU
Ju F
J: U
u oo H
Z
h-
o �
EXHIBIT "E"
Exhibit "E" is left blank intentionally.
Planning. Development and Transportation Services
Current Planning
Dr. Eric J. Holsapple
Loveland Commercial, LLC
1043 Eagle Drive
Loveland, CO 80537
June 12, 2008
Dear Mr. Holsapple,
This letter should be considered an official written summary of our conversations from
last week regarding the classification of the 123,000 square foot King Soopers store
proposed on the northeast comer ofN. College Avenue (SH 287) and E. Willox Lane.
As we discussed, a King Soopers store in excess of 45,000 square footage would be
classified as a "supermarket'. Supermarkets are permitted as a Type II- Planning and
Zoning Board Use within the Community Commercial North College (CCN) zone district
applied to the subject property.
Under Section 3.5.4(C)(3)(b) of the City of Fort Collins Land Use Code, supermarkets
are exempt from the parking distribution standards for "large retail establishments" that
prohibit more than 50% of the parking area to located between the front facade and the
abutting streets.
I hope that this letter adequately summarizes our conversation and clarifies the City's
applicable standards. Please forward this information on to King Soopers' representatives
and feel free to contact me should you have any questions or require additional
information.
n
Sincerely,
Cameron Gloss, AICP
Current Planning Director
cc: Steve Olt
Exhlblt "F4"
To North College Marketplace
Development Agreement
281 North College Avenue a PO Box 580 • Fort Collins, CO 80522-0580 a (970) 2216750 e FAX (970) 416-2020►
FCity Of Planning, Development, and Transportatlon - Current Planning
ort Collins 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80622-0580
(970) 221-6750
TO: Interested Parties
FROM: Cameron Gloss
Current Planni Director
DATE: July 24, 2008
SUBJECT: Administrative Interpretation #1-08 clarifying the definition of
Supermarket, further defining characterstics of such use that differentiate it from
a Large Retail Establishment as found in Section 5.1.2 of the Land Use Code
BACKGROUND
A request has been submitted to clarify the point at which the building design and
operation of a supermarket triggers reclassification as a large retail
establishment. This particular question relates to the application of such definition
to the potential supermarket -anchored shopping center projected for the
northeast corner of N. College Avenue (SH 287) and Willox Lane.
Section 5.1.2 of the Land Use Code provides definitions for both supermarkets
and large retail establishments. A supermarket is "a retail establishment
primarily selling food, as well as other convenience and household goods, which
occupies a space of not less than forty -live thousand one (45,001) square feet".
Large retail establishments are considered a "retail establishment, or any
combination of retail establishments in a single building or in separate but
abutting buildings, or a movie theater or an indoor recreational use, occupying
more than twenty-five thousand (25,000) gross square feet of floor area".
Supermarkets typically include meat, fresh produce, dairy, and baked goods
departments along with shelf space reserved for canned and packaged goods as
well as for various nonfood items such as pharmacy products, greeting cards,
magazines, pet supplies and a floral deparment. Most supermarkets also sell a
variety of other household products that are used regularly, such as household
cleaning products and over-the-counter medicine.
The proposed King Soopers supermarket is approximately 123,000 gross square
feet. Of the total floor area, approximately 17, 000 sq. ft. or 13.84% is dedicated
to "Additional General Merchandise" that goes above and beyond the typical
Exhibit "F-2"
To North College Marketplace
Development Agreement
non-food items carried by supermarkets. Some of these additional non-food
items include household items, movies, music and photo developing.
Both Target and WalMart have built large format stores within Fort Collins that
include groceries and associated merchandise. The SuperTarget at Front Range
Village is 174,000 square feet. WalMart SuperCenters are now averaging
197,700 square feet on a national level. The food -related areas of each of the
Fort Collins stores comprise approximately 30% of the gross floor area.
National Grocery Industry Trends
• Grocery stores and supermarkets are getting bigger, with the national
average store size increasing from 35,000 square feet in 1994 to over
50,000 square feet today.
• Walmart, Target, food warehouses, and other value -oriented, large -
volume retailers have undercut food prices of other grocers.
• One of the fasting growing segments of the grocery industry has been
chains like Whole Foods and Wild Oats Market that feature organic and
gourmet items.
• Feeling the pinch from the high volume retailers and specialized up-
market grocers, most conventional grocery chains are modifying their
product selection to address their competition. Some grocers are electing
to align more closely with the larger discount retailers, adding more non-
food merchandise in an expanded format, while others are oriented their
merchandise more toward organic and gourmet food that have a higher
price point.
INTERPRETATION REQUEST:
The applicant has submitted the following written request for interpretation of the
Land Use Code:
"King Soopers has been operating in Fort Collins for over 44 years. Since
then the average store size has gradually increased from 40,000 to 65,000
square feet, with their new prototype consisting of a 123,000 square feet
footprint (with net usable space of approximately 113,000 s.f.). However,
its primary use today remains a grocery store to include some extended
general merchandise in household related items such as small appliance
and furniture. The new prototype plan reflects floor space dedicated to
extended general merchandise that will generate sales of approximately
10% of the total forecasted store sales.
Development until the City has deemed such changes as being acceptable for the safe
and efficient delivery of storm drainage water.
6. 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 contractor 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 improvements. No grading shall be done outside of the
approved areas as shown on the Final Development Plan Documents.
7. Except for the Wetlands/Detention Area, which is subject to the
provisions of the Mitigation Plan (as defined in Paragraph ILE), the drainage design for
this Development provides for the evacuation of storm drainage runoff in a reasonable
amount of time out of the water quality and detention facilities and into the drainage
outfall system. In connection with the Property, with the exception of the
Wetlands/Detention Area, the water quality and detention facilities have been designed
to discharge stormwater runoff from frequent storms over a 40-hour period through a
small diameter outlet. Under the intended operation of the water quality and detention
pond, there will not be standing water in the pond more than 48 hours after the end of a
rainfall event. If after construction and acceptance of the drainage facilities associated
with this Development, surfacing or standing water conditions persist in these facilities;
and if such conditions are beyond what can be expected in accordance with the
approved stormwater design, the Developer shall promptly, upon such discovery, install
or repair an adequate de -watering system in the drainage facilities. Such a system shall
be reviewed and approved by the City prior to installation.
8. The Developer shall be responsible for maintenance of all storm
drainage facilities that are constructed outside of the public right-of-way. The City will
maintain, following certification by the Developer and their acceptance by the City the
detention pond located on Outlot B, the outlet works associated with this detention
pond, and the outfall storm sewer from the detention pond, in accordance with the
Redevelopment Agreement.
9. The Developer has obtained permission for grading and
construction of improvements within the Larimer and Weld Irrigation Company right of
way or easement limits. The Developer shall indemnify and hold harmless the City
from any such claims, damages, injury or cause of action by third parties which result
from the increase in stormwater flows, if any, added to the canal by the Developer in
excess of historic flows except as such claims, damages, injury or cause of action are
as a result of a negligent act or acts of such Irrigation Company.
No. College Marketplace Dev Agr
FINAL 1-29-10
The applicant maintains that this use is a Supermarket even though some
City staff have questioned its use. As Supermarkets are exempt from the
parking lot standards of the big box requirements, the applicant requests
the City make a legal interpretation that this larger prototype is still a
Supermarket and thus will be treated as such during the application, site
planning, and building permit process".
INTERPRETATION:
Supermarkets will only be considered large retail establishments when greater
than 30% of the gross floor area is attributed to non-food merchandise not
typically associated with the grocery store industry. Convenience and household
goods exempt from the 30% limitation shall include pharmacy products, greeting
cards, magazines, pet supplies, flowers, household cleaning products and over-
the-counter medicine.
Therefore, King Soopers on North College, as proposed and described herein,
shall remain exempt from the large Retail Establishment standards found in
Section 3.5.4(C) (3)(b).
cc: Peter Barnes
Ted Shepard
Paul Edcman
Cityof
� o�rt Co[tins
Mr. Russ Dispense, Vice President
King Soopers
65 TeJon Street
Denver, CO 80223
April 20, 2009
Current Planning
281 North COW Avenue
PO Box 580
Fort CoIllm CO WW2
970.221.9750
970.224.8134 - fax
fogov. corWourrentplenntng
Re: North College Marketplace Zoning, NEC N College Ave & E Wfllox Ln, Fort Collins, CO
Dear Russ,
At the request of 1908 North College, LLC, I understand that you Oil be relying on this letter as part of your
Purchase and Sale Agreement for the above referenced development in Fort Collins. This letter is Intended
to provide written confirmation that the North College Marketplace site, located at the northeast comer of N
College Avenue and E Willox Lane, is zoned Community Commercial North College (CCN), which permits
a'supermarkef with a Type II — Planning and Zoning Board review and approval. The proposed use of the
property for an approximately 123,000 square foot combination food, drug and general merchandise store
qua ifies as a "supermarket' according to the City of Fort Collins Land Use Code (LUC), To provide further
clarification of that the large format King Soopers store falls within the definition of a "supermarket" in the
Fort Collins LUC; on June 12, 2008, then Current Planning Director Cameron Gloss issued an Supermarket
classification clarification which ruled that the large format King Soopers Marketplace concept fits within the
definition of "supermarket" in the Fort Collins LUC.
Additionally, on August 21, 2008, the Planning & Zoning Board approved the addition of a "Gasoline
Station" to the North College Marketplace project area. A copy of the minutes from the approval meeting
available upon request.
If you have any questions with regard to these approvals, please do not hesitate to give me a cal.
Regard ,
Steven J. Dush, AICP
Director of Current Planning
Exhibit "F-3"
To North College Marketplace
Development Agreement
C'rt Collins
W. Russ Dispense, President
King Soopers
65 Tejon Street
Denver, CO 80223
July 1, 2009
Current Planning
261 NoM College Avenue
PQ Box too
Fort Cafts, CO 80522
974.221.6760
070.224.6134 - tax
k00V.00rn/curr Wffl +hV
Re: North College Marketplace Certificate of Occupancy , N College Ave & E Willox Ln, Fort Collins, CO
I understand that you will be retying on this letter to understand compliance with the conditions of approval
as it relates specifically to the street facing entrance of the Southern Shops ( aka lot 9 shops) and the
Certificate of Occupancy (CO) for the Nng Soopers. Please note that the scope of the following scenarios
is fimited to compliance with the street facing entrance for the Southem Shops and that all other conditions
of approval for the CO are outside of this scope.
1. A CO for the King Soopers would be issued if a building permit for the Southern Shops was issued.
2. A Temporary CO for the King Soopers would be Issued for a period not to exceed 12 months if the
Southern Shops had not received a building permit with the following condition:
A building permit for the Southern Shops must be issued within 12 months from the date of
this TCO°.
I trust that this Information clarifies the Issuance of a CO and TCO and if you have any questions with
regard to these approvals, please do not hesitate to give me a call.
Regards,
W.-
Steven J. Dush, AICP
Director of Cummnt Planning
Exhlb1t "F-N"
To North College Marketplace
Development Agreement
Exhibit "G-1"
To North College Marketplace
Development Agreement
A parcel of land being a portion of that strip of land referred to as "Grape Street" and described in a Deed
recorded June 12, 1961in Book 1143, Page 185 as Reception No. 800076 of the Records of Lorimer County,
situate in the Southwest Quarter (SWI/4) of Section Thirty-six (36), Township Eight North (TAN.), Range
Sixty-nine West (R69W.), Sixth Principal Meridian (6s' P.M.), City of Fort Collins, County of Lorimer,
State of Colorado, being more particularly described by Metes and Bounds on a Basis of Bearing of the
Colorado State Plane Coordinate System, North Zone, North American Datum 1983192 as follows:
COMMENCING at the Southwest Comer of said Section 36, as monumented by a 3" Brass Cap embedded
in concrete and stamped "State Highway Department" and assuming the West line of the S W 1/4 of said
Section 36, as monumented by a #6 Rebar with a 3-1/4" Aluminum Cap stamped "W.C." and "Lund,
LS34995" as a Point on Line 2350.49 feet Northerly of said Southwest Corner of Section 36, to bear North
00°41'23" East, being a grid bearing of the Colorado State Plane Coordinate -System, North Zone, North
American Datum 1983192, with all bearings herein relative thereto;
THENCE North 0041'23" East along the West line of the SW 1/4 of said Section 36, a distance of 894.00
feet to the North line of that parcel described in said Book 1143, Page 185;
THENCE South 89°23'30" East along the North line of that parcel described in said Book 1143, Page 185 a
distance of 58.00 feet to the POINT OF BEGINNING;
THENCE South 89°23'30" East continuing along the North line of that parcel described in said Book 1143,
Page 185 a distance of 202.62 feet;
THENCE South 00"41'23" West a distance of 20.00 feet to the South line of that parcel described in said
Book 1143, Page 185;
THENCE North 89°23'30" West along the South line of that parcel described in said Book 1143, Page 185 a
distance of 202.62 feet to a line parallel with and 58.00 feet Easterly of, as measured at a right angle to the
West line of the SWIM of said Section 36;
THENCE North 00°41'23" East along a line parallel with and 58.00 feet Easterly of, as measured at a right
angle to the West line of the SW 1/4 of said Section 36 a distance of 20.00 feet to the North line of that
parcel described in said Book 1143, Page 185 and to the POINT OF BEGINNING.
Said parcel contains 4,052 square feet, more or less (t), and is subject to any rights of way or other
easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
1, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking, and that it is true and correct to the
best of my knowledge and belief.
Land Surveyor #34995
KING SURVEYORS, INC.
650 Garden Drive
Windsor, Colorado 80550
(970) 686-5011
R.M08249WROPERTY DL+SC & Cl ASURES\ORAPE STRAL'T M&n-J.dao
Page 1 of 2
PARCEL OF LAND
60 30 0 60
i"=• 60,
OS$
061
MAYBS'
PARChL N349-0R034
BK. 1417 P6 =f
PARCEL YMY-00-6W
Exhibit "G•2"
To North College Marketplace
Development Agreement
L-
9
N
N
CO
NO
fV
N
N
O-
N
O
tli M
-MOl
N
N
PORTION OF "GRAPE STREET"
SW3/4 SEC. 36, T.8N., R.69W.
o oC,m
m C, o
o C a
2Eu
0 0
z
1�
C9
coo
'2 oao°
-0LX3tid
zCdoo
J
to N
a
7 y
c u_ a
N — ; 0
Ld
J
m
U'Qc
Z
N
O
M c uo
o
M
-'N O;
Q
rJ"
C 1k0 O o01
W
m
co V1
Z c v
Z
7 O T
N i, .� t
�ccaa
ui
c o u o 0, 6
Z
NN
J JJ
�� LV„aO-C
J
V y tl C 5 p
JNy
C L V
m y M
7t 3 3�
a
0 us
Z E o,45H o
J
m m
at � Z �
I % ow, H w
�=a Ada e,
��w
p
�� �!, oIU�0< I %
�r
100
61�pFt�QYf.
I
�
Z
U3z_
�OW u-Z
3 1- In Ii 0
IJ O
I of
�W �Z O
0 in u-
894.00'
_
NOO'41'23"E (BASIS OF BEARING) 2350.49'
NORTH COLLEGE AVENUE
KING SURVEYORS INC. DATE:1PROJECT 4/2 0osz4s
� DATE: 12/4/2009
650 E. Garden Drive I Windsor, Colorado 80550 CLIENT: LOVELAND COMMERCIAL
phone: (970) 686-5011 I fax: (970) 686-5821 DWG:2008249EXH—GRAPE ST
e T
www.kingsurveyots.com DRAWN: CSK CHECKED: SAL
Exhibit "H-1"
To North College Marketplace
Development Agreement
A parcel of land for temporary construction easement purposes, being a portion of that strip of land referred
to as "Grape Street" and described in a Deed recorded June 12, 1961in Book 1143, Page 185 as Reception
No. 800076 of the Records of Larimer County, situate in the Southwest Quarter (SW 1/4) of Section Thirty-
six (36), Township Eight North (T.BN.), Range Sixty-nine West (R.69W.), Sixth Principal Meridian (6a'
P.M.), City of Fort Collins, County of Larimer, State of Colorado, being more particularly described by
Metes and Bounds on a Basis of Bearing of the Colorado State Plane Coordinate System, North Zone, North
American Datum 1983/92 as follows;
COMMENCING at the Southwest Corner of said Section 36, as monumented by a 3" Brass Cap embedded
in concrete and stamped "State Highway Department" and assuming the West line of the SW1/4 of said
Section 36, as monumented by a 46 Rebar with a 3-1/4" Aluminum Cap stamped "W.C." and "Lund,
L834995" as a Point on Line 2350.49 feet Northerly of said Southwest Comer of Section 36, to bear North
0014 P23" East, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North
American Datum 1983/92, with all bearings herein relative thereto;
THENCE North 00°41'23" East along the West line of the SW 114 of said Section 36, a distance of 894.00
feet to the North line of that parcel described in said Book 1143, Page 185;
THENCE South 89123'30" East along the North line of that parcel described in said Book 1143, Page 185 a
distance of 454.50 feet to the POINT OF BEGINNING;
THENCE South 89023130" East continuing along the North line of that parcel described in said Book 1143,
Page 185 a distance of 113.50 feet to the Westerly line of that parcel of land conveyed in a deed
recorded November 6,1951 as Book 922, Page 268 of the Records of Larimer County;
THENCE South 45125'43" East along said Westerly line a distance of 28.81 feet to the South line of that
parcel described in said Book 1143, Page 185;
THENCE North 89°23'30" West along the South line of that parcel described in said Book 1143, Page 185 a
distance of 134.27 feet,
THENCE North 00°41'23" East a distance of 20.00 feet to the North line of that parcel described in said
Book 1143, Page 185 and to the POINT OF BEGINNING.
Said parcel contains 2,478 square feet, more or less (t), and is subject to any rights of way or other
easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking, and that it is true and correct to the
best of my knowledge and belief.
3��95� � y • o � O
Steven7l�A"alf of King Surveyors, Inc.
Colorado Re rofessional
Land Surveyor 1l34995
KING SURVEYORS, INC.
650 Garden Drive
Windsor, Colorado 80550
(970)686-5011
H.-V008249111R0116R•rY DBSC & CLOSURESIGRAPn STREET M&n-3Auc
Page 1 of 2
20' TEMPORARY CONSTRUCTION
EASEMENT
60 30 0 60
1 "= 60'
061
n
AfAJRS
PARCEL 99353 0 .74
BK.1417 Pa ??J
Exhibit "H-2"
To North College Marketplace
Development Agreement
MAMS
PARCEL 98340-09.044
RHC MMU
w.
o
ti
46d=
z
is P is
p
yUy7
pig R
�IA
.m
i�
PORTION OF "GRAPE STREET"
SW1 /4 SEC. 36, T.8N., R.69W.
vi
o G a
O C O-
�oEo 5
C9 41,doNg
000u
^N�O
EZ:t
W
�
c 4)
Lij
W a: w
O
Z
C (q C 0 0
MdM
N
LLI
V1
N 2 0
Z
"v nn
�alia�
0
Ld
V , dC C'o
r ur
Z F M_ Fes- u
I '
I
I O �
894.00'
N00'41'23"E (BASIS OF BEARING) 2350.49'
NORTH COLLEGE AVENUE
Li
% j5
.9-' P!W
a�) °6-0
m W
S�ZMza�
~ O ZOL
U 2 Z
KING SURVEYORS INC. PROJECT NO:2008249
DATE:12/2/2009
650 D. Garden Drive i Windsor, Colorado 80550 CLIENT: LOVELAND COMMERCIAL
phone: (970) 686-5011 1 fax: (970) 686-5821 DWG: 2008249 EXH —GRAPE ST
www.kingeurveyors.corn DRAWN: CSK CHECKED: SAL
Exhibit "14"
To North College Marketplace
Development Agreement
A parcel of land for easement purposes, being a portion of that strip of land referred to as "Grape Street"
and described in a Deed recorded June 12, 1961 in Book 1143, Page 185 as Reception No. 800076 of the
Records of Larimer County, situate in the Southwest Quarter (SW 1/4) of Section Thirty-six (3 6), Township
Eight North (TAN.), Range Sixty-nine West (R.69W.), Sixth Principal Meridian (6's P.M.), City of Fort
Collins, County of Larimer, State of Colorado, being more particularly described by Metes and Bounds on a
Basis of Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum
1983/92 as follows:
COMMENCING at the Southwest Corner of said Section 36, as monumented by a 3" Brass Cap embedded
in concrete and stamped "State Highway Department" and assuming the West line of the SW 1/4 of said
Section 3 6, as monumented by a #6 Rebar with a 3-1/4" Aluminum Cap stamped "W.C." and "Lund,
L834995" as n Point on Line 2350.49 feet Northerly of said Southwest Comer of Section 36, to bear North
00041'23" East, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North
American Datum 1983192, with all bearings herein relative thereto;
THENCE North 00°41'23" East along the West line of the SW1/4 of said Section 36, a distance of 894.00
feet to the North line of that parcel described in said Book 1143, Page 185;
THENCE South 89°23'30" East along the North line of that parcel described in said Book 1143, Page 185 a
distance of 260.62 feet to the POINT OF BEGINNING;
THENCE South 89°23'30" East continuing along the North line of that parcel described in said Book Iq 43,
Page 185 a distance of 193.88 feet;
THENCE South 00°41'23" West a distance of 20.00 feet to the South line of that parcel described in said
Book 1143, Page 185;
THENCE North 89°23'30" West along the South I'me of that parcel described in said Book 1143, Page 185 a
distance of 193.88 feet;
THENCE North 00°41'23" East a distance of 20.00 feet to the North line of that parcel described in said
Book 1143, Page 185 and to the POINT OF BEGINNING.
Said parcel contains 3,878 square feet, more or less (:), and is subject to any rights of way or other
easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
1, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking, and that it is true and correct to the
best of my knowledge and belief.
of King Surveyors, Inc.
CoIoradoimgmewpi
Land Surveyor #34995
KING SURVEYORS, INC.
650 Garden Drive
Windsor, Colorado 80550
(970) 686-50I 1
H.00082491PROPERTY DESC & CI.OSUIUMIORAPE 917Rnn'I' M&II-2.doc
Page 1 of 2
20' ACCESS EASEMENT
WR)
60 30 0 60
1 "= 60'
n
a
PORTION OF "GRAPE STREET"
Exhibit 9-2" SW1 /4 SEC. 36, T.8N., R.69W.
To North College Marketplace
Development Agreement
U M
"IN
Ol
PARCEL 9 094
U
BBG 1417 Pa 2U
u
N
AMYBS
i
\ PARCM AW-MLOdf
N
o0c
o�oo
A O p Q U
41 N U H
p
C7 O
o C
'o &qr
ppu
C 8
o
c u .- a
0
yy
'�'•51
W
C
N — O
U
4
m g
[ T O
o °��v
w tn z
>
3o
y""
t o m p 0
C4
z JJ
v� Lo_ac
L1
[ `'V
F N L
zErn«Taxi
00
m
f7
O�
oia
a
h
3
"i
m
T
v
z
Z
V)
C&C
r
J C
N
Y
VV
occ
L2
2
0
w i v
(r
In M
`0
i U
0 it
�cpEV
> o
�- [
N U �
W W
OO� ZZZ
yrnscn
4
UNWU
ZZ
oatgg
a� <�
UI° W
plv� I �6�,0
a�I
"61. U
"'° W C3
W
La z
I
F Uj0 Z
00
894.00'
U)V)�?Sd
_
N00'41'23"E (BASIS OF BEARING) 2350.49'
NORTH COLLEGE AVENUE
PROJECT N/2 008249
KING SURVEYORS, INC.
DATE:12/22009
650 E. Garden Drive I Windsor, Colorado 80550 CLIENT: LOVELAND COMMERCIAL
phone: (970) 686-5011 I fax; (970) 686-5821 DWG: 2008249EXH —GRAPE ST
www.ldngsurveyors.com DRAWN: CSK CHECKED: SAL