HomeMy WebLinkAboutHARMONY RIDGE FILING 2 - Filed DA-DEVELOPMENT AGREEMENT - 2005-08-04( A�(Ift)
City of Fort Collins
DEVELOPMENT AGREEMENT
THIS AGREEMENT, is made and entered into this day of 005, by
and between the CITY OF FORT COLLINS, COLORADO, a Municipal Cc oration,
hereinafter referred to as the "City"; and GLOBAL HOLDINGS OF COLO ADO, a
Colorado limited liability company, hereinafter referred to as the "Developer."
WITNESSETH:
WHEREAS, the Developer is the owner of certain real property situated in the
County of Larimer, State of Colorado, (hereafter sometimes referred to as the "Property"
or "Development") and legally described as follows, to wit:
Harmony Ridge Filing 2, located in Section 3, Township 6 North, Range 69 West
of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado.
WHEREAS, the Developer desires to develop the Property and has submitted to
the City all plats, plans (including utility plans), reports and other documents required for
the approval of a final plan according to the City's development application submittal
requirements master list (the "Final Development Plan Documents") copies of which are
on file in the office of the City Engineer and made a part hereof by reference; and
WHEREAS, the 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 of Fort Collins as a whole; and
WHEREAS, the City has approved the Final Development Plan Documents
submitted by the Developer subject to certain requirements and conditions, which
involve the installation of and construction of utilities and other municipal improvements
in connection with the Property.
NOW, THEREFORE, in consideration of the promises of the parties hereto and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, it is agreed as follows:
foliage cover of the specified species planted as measured from five feet (5') directly
overhead. No more than ten percent (10%) of the species noted on the site may be
weedy species as defined by Article III, Section 20-41 of the Code of the City. The
Developer shall be responsible for weed control at all times. Determination of required
coverage will be based on fixed transects each ten meters in length, randomly placed in
representative portions of the seeded areas, with plant species or bare ground/rock/litter
being noted every ten (10) centimeters along each transect. The Developer shall
warrant all seeded areas for three (3) growing seasons from the date of completion.
The Developer shall rework and reseed per original specifications any areas that are
dead, diseased, contain too many weedy species, or fail to meet the coverage
requirement at no additional cost to the City.
3. Fueling facilities shall be located at least one hundred (100) feet
from any natural body of water, wetland, natural drainage way or manmade drainage
way. The fuel tanks and fueling area must be set in a containment area that will not
allow a fuel spill to directly flow, seep, run off, or be washed into a body of water,
wetland or drainage way.
4. 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 that are to be
undisturbed, with orange construction fence prior to any type of construction, including
overlot grading.
5. Prairie Dogs
a. Prior to the commencement of any development activities
within the Limits of Development, the Developer shall relocate
or eradicate any prairie dogs inhabiting any portions of the site
using City -approved methods as set forth in Chapter 4 of the
City Code. If prairie dogs are present fumigation is best done
between late April and early June and relocation shall occur
prior to March 1 or after May 31 of any given year.
b. The Developer shall post one metal 2' x 3' vertical sign within
the approved sewer line easement located on the Cathy
Fromme Prairie beside and facing the trail stating: "This
construction activity is occurring within an existing utility
easement and will be restored to its prior condition. For
information concerning this construction please contact ..."
The Developer shall include its company name and a contact
name and phone number were the Developer will be able to
be reached in order to provide information about the
construction activity occurring on the Cathy Fromme Prairie.
C. The Developer shall consult with the City Department of
Natural Resources at least 48 hours prior to the removal any
prairie dogs to determine the boundaries of the area in which
prairie dogs will be required to be removed.
d. The Developer agrees to install a City approved prairie dog
barrier if the City Department of Natural Resources determines
that a barrier is needed to stop the prairie dogs from relocating
on to either the construction site or within the approved
easements.
e. The Developer shall immediately remove and appropriately
dispose of all visible deceased animals of any species found
on either the construction site or within the prairie dog removal
boundaries.
6. The Developer agrees to provide copies of the Harmony Ridge 2nd
Filing Final Plan General Architectural Standards, dated April 4, 2005 (Exhibit "D") and
Harmony Ridge Filing 2 Potential Conflicts: Residents and Wildlife letter (Exhibit "E") to
all prospective purchasers of lots in the Development before the execution of any
sales/purchase agreement for the sale of each lot in the Development.
7. The Developer shall diligently enforce the standards contain in the
Harmony Ridge 2nd Filing Final Plan General Architectural Standards, dated April 4,
2005 (Exhibit "D").
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 more than 15 building permits 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 additional building permits 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 successor(s) in interest. Such subdrain system is likely to be located
both upon private and public property and, to the extent that it is located on public
property, all maintenance, operation, repair or reconstruction shall be conducted in such
a manner that such public property shall not be damaged, or if damaged, shall, upon
completion of any such project, be repaired in accordance with then existing City
standards. The City shall not be responsible for, and the Developer, for itself and its
successor(s) in interest, hereby agrees to indemnify and hold harmless the City against
any damages or injuries sustained in the Development as the result of groundwater
seepage or flooding, structural damage or other damage resulting from failure of any
such subdrain system.
3. Without admitting or denying any duty to protect water rights, the
Developer, for itself and its successor(s) in interest, hereby agrees to indemnify and
hold harmless the City against any damages or injuries to water rights caused, directly
or indirectly by the construction, establishment, maintenance or operation of the
Development.
4. The City agrees to give notice to the Developer of any claim made
against it to which the foregoing indemnities and hold harmless agreements by the
Developer 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.
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 (or Section 29-12 of the Transitional Land Use Regulations, if applicable),
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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.
J. 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 the public improvements required for this Development,
which guarantees shall run concurrently and shall commence upon the date of
completion of the public improvements and acceptance thereof by the City. More
specific elements of these guarantees are noted in Exhibit "F." Security for the
maintenance guarantee and the repair guarantee shall be as provided in Section
3.3.2(C) of the Land Use Code, or Section 29-14 of the Transitional Land Use
Regulations, as applicable. Notwithstanding the provisions of paragraphs III (H) and (1)
of this Agreement to the contrary, the obligations of the Developer pursuant to this
paragraph and Exhibit 'F" may not be assigned or transferred to any other person or
entity unless the warranted improvements are completed by, and a letter of acceptance
of the warranted improvements is received from the City by, such other person or entity.
III. Miscellaneous
A. The Developer agrees to provide and install, at its expense, adequate
barricades, warning signs and similar safety devices at all construction sites within the
public right-of-way and/or other areas as deemed necessary by the City Engineer and
Traffic Engineer in accordance with the City's "Work Area Traffic Control Handbook"
and shall not remove said safety devices until the construction has been completed.
B. As required pursuant to Chapter 20, Article IV of the City Code, the
Developer shall, at all times, keep the public right-of-way free from accumulation of
waste material, rubbish, or building materials caused by the Developer's operation, or
the activities of individual builders and/or subcontractors; shall remove such rubbish as
often as necessary, but no less than daily and; at the completion of the work, shall
remove all such waste materials, rubbish, tools, construction equipment, machinery,
and surplus materiials 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
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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
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, Land Use Code, or Transitional Land Use Regulations
(as applicable) and the Developer agrees to comply with all requirements of the same.
F. In the event the City waives any breach of this Agreement, no such waiver
shall be held or construed to be a waiver of any subsequent breach hereof.
G. All financial obligations of the City arising under this Agreement that are
payable after the current fiscal year are contingent upon funds for that purpose being
annually appropriated, budgeted and otherwise made available by the Fort Collins City
Council. in its discretion.
H. This Agreement shall run with the Property and shall 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
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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.
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 reasonable attorney's fees and costs incurred by
reason of the default. Nothing herein shall be construed to prevent or interfere with the
City's rights and rernedies 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
15
If to the Developer: Global Holdings — Jim Newcomb, Manager
932 E Pitkin Street
Fort Collins, CO 80524
With a copy to: Jim Sell Design — Eric Skowron, PE
153 W Mountain Avenue
Fort Collins. CO 80524
Additional notice to: David Karst — GHC Alternate Manager
1136 E. Stuart, Suite 4207
Fort Collins, CO 80525
With a copy to: Douglas Dumler — Carlson, Swanson, Dumler
125 S Howes, Suite 800
Fort Collins. CO 80521
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.
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ATT-ST:
c
City Clerk
APPROVED AS TO CONTENT:
City Engineer
APPR D AS TO FORM:
Deputy City Attorney
THE CITY OF FORT COLLIN$ COLOR4D0,
a Muni ci tCotporation
City Manager
Glo in of Colorado
Colorado li t liability compan
By.
Jim mb, Manager
ATTES
By:/J
Doug Di ler, attorney for developer
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EXHIBIT "A"
1. Schedule of electrical service installation.
Electrical lines need to be installed prior to the installation of the sidewalk, curb
returns, handicap ramps, paving and landscaping. If the Developer installs any curb
return, sidewalk or handicap ramp prior to the installation of electrical lines in an area
that interferes with the installation of the electrical line installation, the Developer shall
be responsible for the cost of removal and replacement of those items and any
associated street repairs.
2. Schedule of water lines to be installed out of sequence.
Not Applicable.
3. Schedule of sanitary sewer lines to be installed out of sequence.
Not Applicable.
4. Schedule of street improvements to be installed out of sequence.
Not Applicable
5. Schedule of storm drainage improvements to be installed out of sequence.
Not Applicable.
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EXHIBIT "B"
Not Applicable
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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. No building permit for the construction of any structure within the Property
shall be issued by the City until the public water lines and stubs to each lot, fire
hydrants, electrical lines, sanitary sewer lines and stubs to each lot, and public streets
(including curb, gutter, and pavement with at least the base course completed) serving
such structure have been completed and accepted by the City. No building permits
shall be issued for any structure located in excess of six hundred and sixty feet (660')
from a single point of access, unless the structures contain sprinkler systems that are
approved by the Poudre Fire Authority.
D. 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
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.
E. 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.
2
EXHIBIT "C"
WETLAND MITIGATION REPORT FOR:
HARMONY RIDGE FILING 2
FORT COLLINS, COLORADO
Prepared for:
GLOBAL HOLDINGS OF COLORADO, LLC
Project #2350.1
April 4, 2005
Prepared by:
153 West Mountain Avenue
Fort Collins, Colorado 80524
FAX 970.484.2443
970.484.1921
Overview
Jim Sell Design has submitted on behalf of the applicant, Global holdings of Colorado, LLC, a Project
Development Plan (PDP) for Harmony Ridge Filing 2, a 14.1-acre project with L-M-N zoning located
west of Seneca Street and south of Fromme Prairie Way (Old Harmony Road). The PDP has been
approved and a Final Compliance package of Final Site and Landscape Plan, Final Plat, Utility Plans, and
related materials are heing submitted concurrent with this report_ This report is to address the project's
impact to an existing wetland area located within Tract 7 of the adjacent Harmony Ridge P.U.D. Filing I,
and to provide a plan for mitigation of this impact.
YniectHistory
In September 1996 the Planning and Zoning Board approved the 186.87-acre Harmony Ridge ODP.
Shortly thereafter the City purchased 141.4 acres of the property as an addition to the Cathy Fromme
Prairie Natural Arcu, leaving 45.47 acres for development. The first filing, consisting of 130 dwelling
units on approximaely 31.4 acres was approved in 1998, leaving 14.1 acres for this second filing.
As part of the approval of the Ilarmony Ridge P.U.D. first replat, a wetland mitigation plan was submitted
by Water Quality Technology, Inc. (April 2003). This April 2003 mitigation plan is included as an
addendum to this report. Under the April 2003 mitigation plan, approximately 0.06 acres of wetland
disunbed by construction activities at the Harmony Ridge P.U.D. first replat (shown in Exhibit 1) was to
he mitigated by plantings within an upland enhancement area (Exhibit 2).
Pertinent Pro iect Plan Description and Wetland Impacts
The project plan for Harmony Ridge Filing 2 submitted under the attached site, landscape, and utility
plans will involve grading and drainage activities that will impact that existing wetland east of the project
site and within the 1 Fu-mony Ridge P.U.D. first replat site. Impacts will be twofold: drainage from the
Filing 2 site will be conveyed in a stabilized channel to the detention pond located immediately below the
wetland; and the detention pond will be enlarged with a corresponding impact to an area identified by
Water Quality "technology as an existing upland enhancement area (Exhibit 3).
It is estimated that about 0.06 acres within the existing wetland boundary will be impacted by
constriction of the stabilized storm water channel and that about 0.07 acres of the existing upland
cnhancemcia area will he impacted by enlarging the detention pond.
Proposed Mitigation
The applicant Proposes two actions in response to the impacts described above. First, the 0.06 acres of
proposed upland enhancement area in the Harmony Ridge P.U.D. first replat site area (Exhibit C) will be
installed under the responsibility of the applicant, Global Holdings of Colorado, LLC, as discussed in a
November 18, 2004 nneeting (meeting notes attached). This will allow the required construction (grading,
utilities, and drainage features) and landscape installation activities in the area to be conducted under the
authority of one entity at roughly one time. Additional upland enhancement plantings, both trees and
shrubs, will be installed in the vicinity of the storn water channel and detention pond (Exhibit 4)1 as
discussed in a January 13, 2005 meeting (meeting notes attached).
The following tree species, comprised of 19 individual plants, will be installed in this area:
0 Native chokecherry (Prunus virginiana melanocarpa)
• Gambel oak (Quereus gambelii)
The following shrub species, comprised of 52 individual plants, will be installed in this area:
• Three -leaf sumac (Rhus trilobata)
• Red Elderberry (Sambucus microbotrys)
• Golden Current (Ribes aureum)
• Coyote willow (salix exigua)
• Sand Sage (Oligosporus filifolius)
Second, Global Holdings of Colorado, LLC will mitigate for the loss of the impacted wetland area by
cstablisbing a new upland enhancement area adjacent to the small wetland on the western side of the
Filing 2 site, adjacent to the Cathy Fromme Prairie trailhead (Exhibit 5). The area of this upland
enhancement area will be about 0.17 acres. The following tree species, comprised of 6 individual plants,
will be installed in this area:
Plains cottonwood (populus sargentii)
Gambol oak (quercus gambelii)
The following shruh species, comprised of 17 individual plants, will be installed in this area:
• Three -leaf sumac (thus trilobata)
• Sand Sage (Oligosporns fihfolius)
• Red Elderberry (Sambucus microbotrys)
'the proposed upland enhancement plantings will be installed by the developer as part of the project
landscaping requirements.
IAMBUS:
• Exhibit L Harmony Ridge P.U.D. First Replat Wetlands Exhibit
• Exhibit 2: Upland Enhancement Area per HR-I Report
• Exhibit 3: Disturbed Areas per Harmony Ridge Filing II Improvements
• Exhibit 4: Proposed Upland Enhancement Landscape Area No. 2
• Exhibit 5: Proposed Upland Enhancement Landscape Area No. I
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LANDSCAPING WITHIN UPLAND
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Exhibit 4 g5c
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PLANT SCHEDULE -
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Harmony Ridge Filing
Exhibit 3
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a I Global Holdings of Colorado Fort Collins, CO
APPENDICIES:
November 18, 2004 Meeting Minutes
January 13, 2005 Meeting Minutes
Wetland Mitigation Plan for Harmony Ridge P.U.D. Phase I
F. Street improvements shall not be installed until all utility lines to be placed
therein have been completely installed, including all individual lot service lines (water
and sewer) leading in and from the main to the property line and all electrical lines.
G. The installation of all utilities shown on the Final Development Plan
Documents shall be inspected by the Engineering Department of the City and shall be
subject to such department's approval. The Developer agrees to correct any
deficiencies in such installations in order to meet the requirements of the plans and/or
specifications applicable to such installation. In case of conflict, the Final Development
Plan Documents shall supersede the standard specifications, except that if the conflicts
are a result of Federal or State mandated requirements, then the Federal or State
mandated requirements shall prevail.
H. 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.
I. 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
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
MEETING OR TELEPHONE MINUTES
Piton( i r:nout:: EMI � t ti C�2 PROJEUT nt'NtaER:_,_23SD , 1
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Wetland Mitigation Plan
for
Harmony Ridge PUD — Phase I
Prepared for
Les Jones
7401 Blue Water Court
Fort Collins, Colorado
Prepared by
Water Quality Technology, Inc.
123 North College, Suite 215
Fort Collins, Colorado
April 2003
i .0 INTRODUCICION
Les ]ones is currently working to develop a parcel of land called Harmony Ridge PUD — Phase I,
Filing Two (herezrter referred to as the project site) in Larimer County, Colorado, for real estate
development. Water Quality Technology Inc, conducted a wetlands delineation at the site in January
2000 and identified 0.185 acre of wetlands within and adjacent to the project site. The wetlands occur
in a south facing drainage on the west side of the project site (Figure 1).
Based upon a Supreme Court ruling, the U.S. Army Corps of Engineers (COE) determined on March 14,
2001 that the wetlands at the Harmony Ridge project are isolated wetlands and that the COE does not
have afiy authority to regulate work at the site, including wetland loss mitigation (Appendix A). However,
the City of Fort Collins still requires that any wetland losses be mitigated. Because the site wetlands are
no longer lied to the Clean Water Act Section 404 permitting process, other options for mitigation can be
considered, if they are acceptable to the City. This report presents the wetland mitigation utilizing upland
enhancement and wetland overstory creation as an alternate plan proposed for the project site.
2.0 WGTLANDS MITIGATION
hnpacts to wetlands at the project site will involve the removal of 0.06 acre of wetlands (Figure 1).
Mitigation activities will involve the construction of 0.07 acre of upland enhancement/wettand
overstory creation adjacent to another wetland and upland enhancement which is part of the Harmony
Ridge PUD — Phase it project and approved by the City of FortCollins (Figure 2). All wetland tosses
will be mitigated on -site as upland enhancement.
IJnland/Wetland Enhancement
The wetlands that currently exist at the project site are composed of a wetland herbaceous stratum
without any overstory. The proposed plan for mitigating wetland is to enhance the surrounding riparian
area by planting upland shrubs and wetland trees. Enhanced wetland functions would be obtained by
increasing habitat for waterfowl and other birds as nesting sites and cover. Enhanced wetland values
would be obtained by establishing a park -like setting in this area.
fhe wetlandtupland enhancement goal is to establish three stratums of vegetation in the mitigation area
that currently contains only a herbaceous stratum. An enhancement program recommended by the
Ilabltat Section of the U.S. Fish and Wildlife Service in Port Collins is as follows:
Tree Stratum
Plains Cottonwood Trees — Plains Cottonwood trees (Populus sargentii) are native wetland
species, salt tolerant trees that will provide habitat for nesting birds, such as Blue Jays and
Robins. Selected trees for planting will be approximately 8 to 10 feet tall with l- to 1.5-inch
diameter trunks. Planting larger trees is discouraged because of the higher probability of stunted
growth and unsuccessful transplanting associated with more mature trees. The trees will be
§paced every 50 to 75 feet, which will allow for sufficient sunlight to penetrate between trees.
Approximately 5 to 6 trees will be planted within the project site area. Specific plantings within
the mitigation area are indicated in Figure 2.
Shrub Stratum
Golden Current and Skunkbrush Shrubs — Golden Current (Ribes aurent) and Sktmkbrush (Rhus
trihohata) are thick growing, durable shrubs that will provide good cover for wildlife, especially
nesting waterfowl. Golden Current is abundant in gulches along the foothill -plains margins_
Skunkhntsh is also found on open slopes of the foothills, particularly in clay soil, which is
typical soil type of the project site. The shrubs will be planted in 2 to 3 clusters in the vicinity of
each Cottonwood tree. Each cluster will contain 3 to 5 shrubs. Approximately 30 Shrubs of each
type will be planted within project site area. Specific plantings within the mitigation area are
indicated in Figure 2.
3.0 Mitigation Commitments
The following mitigation commitments are proposed as part of this mitigation plan:
The growth of tree and shrub plantings in the mitigation area will be monitored for 3 years. Any
plantings lost in the mitigation area during this time will be replaced and monitored for an
additional 3 ,cars. The monitoring plan will be conducted by a wetland specialist-
2
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a Colorado licensed professional engineer to design the storm drainage facilities as
aforesaid and it is expressly affirmed hereby that such engagement shall be intended
for the benefit of the City, and subsequent purchasers of property in the Development.
J. The Developer shall pay storm drainage basin fees in accordance with
Chapter 26, Article VII of the City Code. Storm drainage improvements eligible for
credit or City repayment under the provisions of Chapter 26 are described together with
the estimated cost of the improvements on the attached Exhibit "B," which
improvements, if applicable, shall include right-of-way, design and construction costs.
See Section II.C, Special Conditions, Storm Drainage Lines and Appurtenances, for
specific instructions.
K. 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 of Fort Collins.
L. 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
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
4
APPENDIX A
Isolated Wetlands Concurrence Letter, Harmony Ridge PUD
DEPARTMENT OF THE ARMY
CCRPS OF ENC!NEFRS OV A.HA DISTRICT
DEEN','R PTCULATORY OFFICE, 9307 S. PLATTE CANYON ROAD
LITrLETON, COLORADO 80128-6901
March 14, 2001
Mr. Terry Geiselman
Uhrter Quality 'I'eclmology, Inc.
Opera Galleria
123 N College Avenue, Suite 215
Fort Collins, Colorado 80524
IZE: IsoLafed Wetlands Concurrence, Harmony Ridge PUD-Phase II
Corps File No. 200080042
Dear Mr. Geiselman:
`lb'e have reviewed your request for a Department of the Army (DA) jurisdictional determination for the
bove-mentioned prop: t1, located in the NW '/< of Section 3, Township 6 North, Range 69 West, Lorimer
COunry, Colorado_
Based upon the ruling by the Supreme Court in the matter of Solid Waste AeenCY of Northern Cook
('ounty v_ I,1.S- Annv oms of Engineers, No. 99-1178 (January 9, 2001), the DA's regulatoryjurisdiction over
solarcd, non -navigable, intrastate waters has been eliminated if the sole nexus to interstate commerce was use of
the wafers by migratory ln-ds. It is apparent under the ruling above that the DA does not have the authority to
regulate work at the Harmony Ridge PUD-Phase 11 project. Therefore, no permit or other authorization by the
DA is required for work on this project.
Although a DA permit will not be required for the project, this does not eliminate the requirement that
you obtain any other applicable Federal, state, tribal or local permits as required. Please note that deviations from
the original plans and specifications of your project could require other authorizations from this office.
If you have any questions concerning this verification, please call Mr. Terry McKee at (303) 979-4120
and reference File ,No. 200080042,
Sincerely,
Timmy ey
Chief, Denver Re Office
t �r;
EXHIBIT "D"
Harmony Ridge 2"d Filing Final Plan
General Architectural Standards
April 4, 2005
Ceneral Architectural
Statement
Harmony Ridge 2°d Filing is
situated adjacent to the Cathy
Fromme Prairie open space, in
Fort Collins, Colorado. The
architectural character will be
compatible and in harmony with
the context of this distinctive
landscape by using natural
materials, colors, building
nwssing, roof forms, and
projections that are consistent
with the prairie and western
landscapes. more specific
requirements regarding these
building elements follows:
Building Height
SINGLE-FAMILY UNITS
LOTS 1 - 22
(NE DiGRT
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In order to encourage roof forms,
dormers, windows, balconies and similar features associated with occupied space, to the
extent reasonably feasible (as that term is defined in the Fort Collins Land Use Code),
buildings or parts of buildings shall be at least one and one-half (1.5) stories in height
(with functional and occupied space under the roof). The maximum height shall be 30
fcct from the finish grade to the peak of the roof structure. To achieve the project -
specific objective of maintaining views to and across the adjacent Prairie, homes that
back up to the Prairie shall be built with a single primary level as viewed from the street,
with a second walk -out level at the rear of the homes. Other homes in the project will
also be designed) to the maximum extent feasible (as that term is defined in the Fort
Collins band Use Code) so that a single story, or one and one-half story, will be
constructed above the highest ground level around the perimeter of the foundation, with
walk -out and garden levels on the low side of the home.
Building Mass and Form
No building shall have a single undifferentiated mass. Walls shall incorporate recesses or
projections created by wall plane returns: any such building shall be differentiated into
multiple sections of mass in order to achieve proportions that are compatible in scale with
adjacent residential neighborhoods.
1 111)1 'All ICA 111l HI HI 1'.M\'IRA TA LOCAL SFT INCS TENf'\2T9n GLNCRAI, ARCH STNDARUS ICIRRRNTI. DOC
Buildings must be residential in character and scale. Exterior volumes shall express the
nature and organization of interior spaces and functions. Simple, multiple roof forms are
preferred and the use of volume under a roof is encouraged for usable space.
Building Projections
The use of porches, patios,
balconies, covered
walkways and breezeways
is encouraged for climate
control, living area,
circulation and as design
elements whiieh add
interest to the overall
exterior character.
Locations of roof
projections such as
dormers, chimneys, flues
and vents shall be
considered in the overall
design and not appear as
after -thoughts or "stuck -
on" elements. Wall
projections such as bay
windows are encouraged.
Freestanding equipment
such as air conditioning
units, trash containers,
electrical equipment shall
be enclosed or screened
from public view.
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Roofs
Buildings shall have either: 1) sloped roofs; 2) combined flat and sloped roofs, provided
that the sloped portion(s) forms a substantial part of the building and is related to the
integral structure. entries and activity areas; or 3) flat roofs with building massing stepped
or terraced back or vertically varied. The minimum pitch of any sloped roof shall be 5:12,
with a maximum pitch of 8:12. Buildings containing more than four thousand (4,000)
square feet of gross floor area shall have at least three (3) roof planes that are directly
related to building facade articulations.
Large unbroken expanses of single pitch roofs are discouraged and variation of the main
roof mass is encouraged through the use of dormers, clipped gables, shed roofs or other
roof projections. Unit -piece roofing materials such as flat tiles, or shingles are
encouraged.
( Il)(UMI!Jiti ANIl c11I'fV(iSU1VI0.Al\IACAL SFITNGi\TFN�Rtu GENENAL ARCH STAIV DARES LCURRFM1'T�DOC 2
Exterior Walls and Finishes
Bach single-family dwelling shall be articulated with projections, recesses, covered
doorways, balconies, covered box or bay windows and/or other similar features, dividing
large facades and walls into human -scaled proportions, and shall not have repetitive,
monotonous, undifferentiated wall planes. Stone, brick, wood, and other natural materials
shall be incorporated into building finishes and may consist of natural or synthetic
building materials.
Windows
Mirror glass windows with a reflectivity or opacity of greater than sixty (60) percent are
prohibited. Windows shall be individually defined with detail elements such as frames,
sills and lintels, and placed to visually establish and define the building stories and
establish human scale and proportion.
Color
Fach dwelling shall feature a palette of muted colors, earth tone colors, and natural colors
found in the surrounding
prairie landscape. ax F£
Texture
Although the main building
forms should be simple and
express interior functions, it
is suggested that texture be
used to create interest and
variety to broad surfaces.
Attention should be given to
special details in areas such
as columns, brackets, eaves,
railings, doors and other trite
Items.
Fences and Landscaping
o- EA5_9ERT
DECK
NOT TO !GALE
NOTE:
SKETCHE5 DEPICTED HEREIN ARE INTENDED TO REPRESENT
THE ARCHITECTURAL CHARACTER OF THE RESIDENCES AND
ARE NOT INTENDED TO BE ELEVATIONS OF ACTUAL SINGLE
FAMILY FLOORPLANS, CHARACTER SKETCHES ILLUSTRATE
BUILDING HEIGHT, MASS 4 FORM, PROJECTIONS, ROOFS,
WALLS, FINI5HES, WINDOWS 4 TEXTURES_
SKETCHES ARE ALSO DEPICTED IN SEPARATE
ARCHITECTURAL GUIDELINES PREPARED FOR FINAL PLAN
APPROVAL.
No hedgerows will be allowed. Plant materials placed in rear lots along the ridgeline
(lots I through 22) should be in compliance with the Fort Collins Native Plants List
hur,//www.fa,ov--oin/iiaturalareas/native-plants.nlip). Clusters of boulders and vegetation
creating a natural look are encouraged but can result in unintended habitat for snakes and
other wildlife.
Only a wooden three -rail fence consistent in form and material will be permitted along
the rear lot property line along the ridge. No privacy fences will be permitted. Wire
Tt �,)," M1II_Nf1",I,"I�Ilv(1",,",IA'l"'11 CEITI111!11"1dill G[n'ERgL>HCH STANnARDSfCIIRREN'f1.DOC 3
mesh neutral in color can be added to the inside of the rail fence to keep in pets and
children.
Retaining Walls
Retaining walls visible from the adjacent natural area are not allowed, however,
small landscape walls or terraces built from product of neutral color are permissible if
constructed withiin the lot line. Such landscape elements must be less than or equal to 3
feet in height and are subject to Architectural Control Committee (ACC) approval.
Landscape plantings in accordance with the Fort Collins Native Plant List
(httn://www_fcgov.com/naturalare_as/native_plants.php) shall be incorporated to blend the
walls within a 5-year establishment period. Landscape plantings are also subject to ACC
approval.
Design Standards for Lots 1 through 22 — Harmony Ridge Filing 2
Architectural and landscape design standards for homes directly above the Cathy
Frommc prairie natural area are discussed below and made part of the development
agreement with the City of Fort Collins.
']'he standards and attached character sketches provide a general rule for individual
architecture in order that the structures will complement the visual context of the natural
habitat setting next to the natural area. 'fhe homes will be built into the ridge in a way to
make possible a one story exposure from the street with two levels in the rear or prairie
view of the home.
The rear of the homes will be setback from the natural area providing more open space
above the adjacent irrigation ditch. This open space will provide a transition in distance
and in sight from the trail in the natural area.
The project's open space will be maintained in much the same way as the natural area and
will maintain views from the project between and over the landscaping. The screening
located within 50' of the homes on the sloped open space will be provided by carefully
placed and irrigated deciduous and coniferous trees and shrubs. This will allow a
softening of the view of structures from the natural area and will maintain views from the
project between and over the landscaping. The screeing will blend with the natural visual
character for native landscaping in other areas in the foothills.
Architectural and site design of the homes in lots 1-22 will be similar to the other homes
in this development: two -level homes on small lots providing high, single family density,
C D111 1 111 V 1 ",U � I RATA 1 OC AT SITFINCS TFAIF.21S41 CFNFRAI. ASCII STANDARDS LCIIRRLNO DOC 4
similar in style and room design, each row of homes is on a different elevation plane
allowing for good views from each home.
A wetland is preserved on the west side of the development and landscaping will be
placed to enhance that area. In addition, the storm drainage on the east side of the
property is incorporated into another small wetland.
Specific Architectural Standards for Lots 1 through 22
-9 or 10' floor to ceiling space, overall roof height not to exceed 30'
from finish grade to peak of roof structure
-all fronts, garages and entry is in the upper level with a rear
walkout Dower level
-natural finished decks may be a part of the upper or lower level
-1 Ionic Owners Association (HOA) will maintain all areas outside the home
-no fences are allowed in and around the homes except a small private
area outside the three foot, side utility easement
-restricted exterior colors include the shingles, siding, decks and
fencing, which are to be muted colors, earth tones, and natural
colors found in the surrounding prairie landscape
-hip roofs and clipped gables are encouraged
-no plane surface lacing the prairie shall have a vertical face
greater than 24 feet. A building face oriented toward the prairie
and higher than 24 feet shall incorporate porches, patios, balconies
or other projections or recesses to break up building mass.
1 DO( I"'1 I I M1N1151 I I I VC SlA1 V RT I A 10( AI 5Fi INGS TENIV121S1 GLNFRAL ARCII $1 4NDpRDS (NI I1W) DOC
EXHIBIT "E"
Harmony Ridge Filing 2
Potential Conflicts: Residents and Wildlife
The Ilarmony Ridge Filing 2 Plan Development Project is located adjacent to the Cathy Fromme
Prairie Natural Area. Along with the benefit of being close to nature, residents will need to be
aware of conflicts associated with such proximity to native wildlife. The key to coexistence with
nearby wildlife is for residents to recognize and respect the wildness of wildlife and the
understanding that by choosing to live in these settings, residents are also choosing the
responsibility to coexist with, and respect the wildness of these settings. Potential conflicts may
include:
• Pets (such as cats and dogs) that are left outside may be prey to larger animals such as
coyotes, mountain lions, black bears and foxes.
• Harmony Ridge is located within and adjacent to rattlesnake habitat. Rattlesnakes are
poisonous. Choices in landscaping and awareness of possible habitat creation within
private property may help to reduce the number of potential conflicts.
• Prairie dog colonies are commonly found in this type of habitat and may cause damage to
private property. If prairie dogs relocate and become nuisances on private property, a pest
control company should be contacted to learn more about appropriate methods of control.
Nuisance prairie dogs may sometimes be relocated. llowever, due to the natural behavior
of the animals, this process can be problematic, so in most cases these animals are
eradicated by using the city -approved methods as set forth in Chapter 4 of the City of Fort
Collins Municipal Code. Always check current regulation by contacting the Colorado
Division of Wildlife prior to any relocation or removal of prairie dogs.
• The project is also close to the foothills and to habitats of larger wildlife including coyotes,
mountain lions, black bears, and foxes. These animals may be aggressive, especially with
pets and children. Wildlife, especially larger animals, should never be fed. Pet food
should not be stored outside. Children should not play outdoors prior to dawn or after dusk
and should he closely supervised. Landscaping should be designed to minimize hiding
places for these animals.
• Standing water in natural drainage ways and wetlands is a natural phenomenon, and related
mosquito populations are inevitable. No mosquito eradication program will be 100"/
effective. Precautions against bites are recommended to ward off mosquito -borne illnesses.
Additional information on living with wildlife, problem -reducing tips, and wildlife benefits are
idcntitied in the attached copies of brochures from the Colorado Division of Wildlife (DOW).
IJpdatcd or additional information is also available (as of Spring 2005) by contacting:
• DOW Northwest Regional Office. 317 W Prospect Road, Fort Collins, CO 80526
• DOWLocal-970-484-2836;Denver-303-297-1192;http://wildlife.state.cn.us/index.
• For li fe-threatening emergency response outside of normal business hours, call 911
• CSU Extension Service— 970-491-7093; http://www.coopext.colostate.edu/wildlife/
• Colorado Department of Agriculture, Rodent Control Division — 303-239-4157
• U.S. Fish and Wildlife Service — 303-236-7904; http://mountain-prairie.fws.gov/refue,es/
• Larimer County Department of Health and Environment, 1525 Blue Spruce Dr, Fort
Collins, CO 80524; 970-498-6700; http://w-ww.co.larimer.co.(is/health/
The above information will also be attached to the Covenants, Conditions and Restrictions for
I larmony Ridge Filing 2 and included in the recorded documents (Site Plan) for development
approval.
ycn M:11
MAINTENANCE GUARANTEE:
The Developer hereby warrants and guarantees to the City, for a period of two (2) years
from the date of completion and first acceptance by the City of the public improvements
warranted hereunder, the full and complete maintenance and repair of the public
improvements constructed for this Development. This warranty and guarantee is made
in accordance with the City of Fort Collins Land Use Code and/or the Transitional Land
Use Regulations, as applicable. 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 of Fort Collins, Colorado, harmless for a five (5)
year period, commencing upon the date of completion and acceptance by the City of the
public improvements constructed for this Development, from any and all claims,
damages, or demands arising on account of the design and construction of public
improvements of the Property shown on the 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.
20
claim to the Developer within ninety (90) days after the City first receives a notice of
such claim under the Colorado Governmental Immunity Act for the same, shall cause
this indemnity and hold harmless agreement by the Developer to not apply to such
claim and such failure shall constitute a release of this indemnity and hold harmless
agreement as to such claim.
M. The Developer acknowledges and agrees that the City, as the owner of
any adjacent property (the "City Property") on which off -site improvements may be
constructed, or that may be damaged by the Developer's activities hereunder, expressly
retains (and does not by this 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 Documents prior to the issuance of
more than 15 building permits in this Development. Completion of improvements shall
include the certification by a professional engineer licensed in Colorado that the
drainage facilities which serve the Development have been constructed in conformance
with said Final Development Plan Documents. This certification shall be submitted to
the City at least two weeks prior to the date of issuance of additional building permits.
2. 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 one (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
R
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 obligations of the Developer pursuant to the "maintenance guarantee" and "repair
guarantee" provisions set forth above may not be assigned or transferred to any other
person or entity unless the warranted improvements are completed by, and a letter of
acceptance of the warranted improvements is received from the City by, such other
person or entity.
21
CS&D4/15/05
AGREEMENT
THIS AGREEMENT is made and entered into this 1 `- day of April, 2005, by and
between GLOBAL HOLDINGS OF COLORADO, LLC, a Colorado limited liability company
("Global"), and the CITY OF FORT COLLINS, NATURAL RESOURCES (the "City").
RECITALS:
A. Global is the owner of Tract E ("Tract E"), as shown on plat entitled Harmony
Ridge Filing 2, dated March 27, 2005, and will be filed with the Larimer County Clerk and
Recorder (the "Plat").
B. Global has obtained Final Plan approval from the City of Fort Collins for
development of the hand as shown on the Plat.
C. The Trilby Lateral Ditch Company ("Trilby") is the owner and operator of the
Trilby Lateral Ditch. (the "Lateral'), an irrigation ditch located in an easement in the open space
area known as the Cathy Fromme Prairie, which borders Tract E to the south and southwest.
D. As part of the development agreement between the City and Global, Global is
required to install certain sanitary sewer lines, storm drainage lines, and utilities on the Property,
including specifically a sanitary sewer line (the "SS Line") which must pass beneath the Lateral
as shown on the Final Utility Plans for Harmony Ridge Filing 2 (the "Final Utility Plans"),
incorporated herein by this reference.
E. Trilby has agreed, by a separate written agreement with Global (the "Trilby
Agreement"), that Global must complete the installation of said SS Line beneath the Lateral prior
to May 1, 2005, when Trilby desires to commence the flow of irrigation water through the
Lateral.
F. The City has agreed, prior to the completion of the Development Agreement
between the City and Global, to allow Global to commence the installation of the SS Line,
including specifically the installation of the SS Line beneath the Lateral, in accordance with the
Final Utility Plans and the Trilby Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained and other good and valuable consideration, the receipt and adequacy of which are
hereby confessed and acknowledged, the parties hereto agree as follows:
I . The City hereby consents to the construction by Global of the SS Line under the
Lateral at a point on the Lateral designated on the Final Utility Plans.
2. The City's consent hereunder is conditioned upon Global's agreement to
construct the SS Line in accordance with the Final Utility Plans and the provisions set forth in
the Trilby Agreement.
3. Global agrees to construct the SS Line under the Lateral in accordance with the
Final Utility Plans and to complete such work prior to May 1, 2005.
4. Global agrees to restore the grounds around the construction site which may be
disturbed by the installation of the SS Line to approximately the same condition as prior to
construction.
5. Global agrees that the installation of the SS Line, and specifically that portion of
the SS Line that will be installed beneath the Lateral, will be inspected by the Engineering
Department of the City, and will be subject to the approval of said Department. Global agrees to
correct any deficiencies in such installation in order to meet the requirements of the Final Utility
Plans and such other specifications as may be applicable to such installation, including
specifically the regulations and approved plans for sewer line installation and improvements of
the South Fort Collins Sanitary Sewer District.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year indicated opposite each signature.
Date: *t§- _, 2005
Date:
/5 _,
2005
Date:
(S �,
2005
GLOBAL HOLDINGS OF COLORADO, LLC, a
Colorado limited liability company
By.
Ji New b, Manager
CITY OF FORT COLLINS, NATURAL
RESOURCES
By:
By:
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. The Developer shall also be required
to post a security deposit in the amount of $15,830.00 prior to beginning construction to
guarantee the proper installation and maintenance of the erosion control measures
shown on the Final Development Plan Documents. Said security deposit(s) shall be
made in accordance with the criteria set forth in the City's 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
additional 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
6
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 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
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 improvement lines to the limits of construction as shown on the Final
Development Plan Documents. The contractor shall re -seed and 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 during the construction of the detention pond facilities. No grading shall be
done outside of the approved areas as shown on the Final Development Plan
Documents.
7. 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 ouffall system. 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, during or
within 2 years after construction and acceptance of the detention 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
an adequate de -watering system in the detention 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, except for: (1)
the part of Storm Sewer Line A along Prairie Vista Drive that lies in the median, (2)
Storm Sewer Line C just past and not including the water quality outlet structure to the
point of discharge just before and not including the area inlet and (3) the private 8-inch
storm drain line, which lines shall be maintained by the City following certification of
these lines by the Developer and their acceptance by the City.
9. The Developer shall obtain a permit for grading and construction
improvements within the Trilby Lateral Ditch Company right of way or easement limits.
Such permit shall include language to indemnify and hold harmless the Trilby Lateral
Ditch Company ("Irrigation Company") and the City from any claim, damage, injury or
cause of action against the Irrigation Company or the City by the Developer, or its
successors and assigns, in relation to the normal operation and use of the ditch by the
Irrigation Company. The Developer shall further indemnify and hold harmless the City
and the Irrigation Company from any such claim, damage, injury or cause of action by
third parties which result from the increase in stormwater flows added to the canal by
the Developer in excess of historic flows except as such claim, damage, injury or cause
of action are as a result of a negligent act or acts of the Irrigation Company.
D. Streets.
1. No street oversizing reimbursement from the City is due the
Developer for this Development.
2. The Developer agrees to reimburse the City the sum of 12,600.00
plus a percentage added to recognize the effects of inflation, for the cost to construct
Harmony Road. The inflation factor shall be calculated using the construction cost
index for Denver as published in the Engineering News Record (ENR) of November
1998, and the same index published in the ENR in the month preceding payment of the
reimbursement. Payment shall be made to the City prior to the issuance of a
Development Construction Permit as described in paragraph II (1).
3. No lots within the Development shall be allowed vehicular
(driveway) access off of Fromme Prairie Way.
4. Prior to the release of more than fifteen (15) building permits, the
Developer shall have completed construction of the pedestrian connection to the Cathy
Fromme Prairie Trailhead Parking Lot as shown on the Final Development Plan
Documents.
5. Prior to the issuance of a Development Construction Permit the
Developer shall file such legal documents as are necessary with the Larimer County
Clerk and Recorder to establish as a covenant running with the land the unique street
maintenance responsibilities that exist for the Developer (or the Developer's
successor(s) in interest), pertaining to the water quality medians within Prairie Vista
Drive (Tracts B & C). Said documents shall include the document "A Summary of the
Design and Maintenance of the Water Quality Medians at: Harmony Ridge Filing 2, Fort
Collins, Colorado" by Jim Sell Design, dated April 4, 2005.
6. The Developer hereby indemnifies and holds the City harmless
from any damage caused to the roadway (concrete, asphalt, curb and gutter) when
such damage is caused, directly or indirectly, by the acts or omissions of the Developer
or the Developer's successor(s) in interest, in irrigating and general maintenance of the
e
landscaping within the water quality medians on Prairie Vista Drive. Notwithstanding
any provision in this Agreement to the contrary, this indemnity may be assigned only to
a bonafide homeowners association which has lawfully assumed the irrigation and
general maintenance obligations from the Developer and only if such assignment is in
writing and duly and lawfully executed by such homeowners association and approved
in writing by the City.
7. 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.
8. Following completion of all public infrastructure improvements, the
Developer shall continue to have responsibility for maintenance and repair of said
improvements in accordance with Sections 2.2.3, 3.3.1 and 3.3.2 of the Land Use Code
of the City.
E. Natural Resources
1. The Developer shall ensure that all wetlands and uplands are
properly maintained for a three (3) year period following construction thereof to ensure
that the vegetation and hydrologic regime are fully established. Monitoring of the
vegetation shall occur at least in June and September of the first growing season and in
late summer of the remaining growing seasons. The status and effectiveness of the
vegetation shall be, evaluated and the results reported to the City of Fort Collins Natural
Resources Department semi-annually for review. If the wetlands have been established
in accordance with the approved Wetland Mitigation Plan (Exhibit "C"), they shall be
approved and accepted by the City Natural Resources Director. If the wetlands have
not been established in accordance with the approved Wetland Mitigation Plan (Exhibit
"C"), then the Developer shall promptly take such steps as are necessary to bring the
wetlands into conformance with the approved Wetland Mitigation Plan, (Exhibit "C").
2. The areas of the Development that are planned to be seeded,
including the wetland mitigation, shall be inspected jointly by the Developer and the City
at specified intervals for three (3) seasons or until determined by the City to be well
established in accordance with the coverage specifications of this paragraph, whichever
occurs first. Areas seeded in the Spring shall be inspected for required coverage each
immediately subsequent Autumn not later than October 1 st. Areas seeded at any other
time shall be inspected each immediately subsequent Summer not later than August
1st. The required coverage for the first inspection shall be ten (10) viable live seedlings
of the specified species per 1000 square centimeters (approximately one square foot),
or fifty percent (50%) coverage of the specified foliage as measured from five feet (5')
directly overhead, with no bare spots larger than 1000 square centimeters. At the time
of the second growing season inspection, there shall be seventy-five percent (75%)
9