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HomeMy WebLinkAboutDISTRICT AT CAMPUS WEST - Filed DA-DEVELOPMENT AGREEMENT - 2013-05-07RECEPTION#: 20130032355, 04/30/2013 at 10:32:49 AM, 1 OF 29, R $151.00 TD Pgs: 0 Scott Doyle, Larimer County, CO DEVELOPMENT AGREEMENT THIS DEVELOPMEN AGREEMENT (the "Agreement"), is made and entered into this lgday of 2013, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City"; and Ft. Collins Student Housing, LLC, a Colorado limited liability company hereinafter referred to as the "Developer." WITNESSETH: WHEREAS, the Developer is the owner of certain real property situated in the County of Larimer, State of Colorado (hereafter sometimes referred to as the "Property" or "Development") and legally described as follows, to wit: The District at Campus West located in Section 15, Township 7 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 Property and not to the City of Fort Collins as a whole; and WHEREAS, the City has approved the Final Development Plan Documents submitted by the Developer, subject to certain requirements and conditions, which involve the installation of and construction of utilities and other municipal improvements in connection with the development of the Property. NOW, THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, it is agreed as follows: ✓City Clerk's Office, Fort Collins, Colorado 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 the City's 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 10 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 a reasonable accessway to each building. Such accessway shall be adequate to handle any emergency vehicles or equipment, and the accessway shall be kept open during all phases of construction. Such accessway shall be constructed to an unobstructed width of at least 20 feet with 4 inches of aggregate base course material compacted according to city standards and with 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. Footing and Foundation Permits 1. Notwithstanding any provision in this Agreement to the contrary, the Developer shall have the right to obtain Footing and Foundation permits upon the issuance of a Development Construction Permit. No full building permit for the construction of any structure within the Property shall be issued by the City until adequate water supply for fire suppression activities is in place and access to the site is secured as determined by the City and Poudre Fire Authority. Additionally, the Developer shall maintain at least one vehicular lane of travel for access along Plum Street at all times, unless agreed to otherwise by the City and Poudre Fire Authority.. J. 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. K. 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 "C." Security for the maintenance guarantee and the repair guarantee shall be as provided in Section 3.3.2(C) of the Land Use Code. Notwithstanding the provisions of paragraphs III (H) and (1) of this Agreement to the contrary, the obligations of the Developer pursuant to this paragraph and Exhibit °B" may not be assigned or transferred to any other person or entity unless the warranted improvements are completed by, and a letter of acceptance of the warranted improvements is received from the City by, such other person or entity. 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 12 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 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 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 Fort Collins City Council, in its discretion. H. This Agreement shall run with the Property, including any subsequent replatting of all, or a portion of the Property. This Agreement shall also be binding upon and inure to the benefit of the parties hereto, their respective personal representatives, heirs, successors, grantees and assigns. It is agreed that all improvements required pursuant to this Agreement touch and concern the Property regardless of whether such improvements are located on the Property. Assignment of interest within the meaning of this paragraph shall specifically include, but not be limited to, a conveyance or assignment of any portion of the Developer's legal or equitable interest in the Property, as well as any assignment of the Developer's rights to develop the Property under the terms and conditions of this Agreement. I. 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, including, without limitation, any liability under this Agreement with respect to indemnification for any such claims, damages, injuries or other liability arising after the date of such transfer. In such event, the succeeding property owner shall be bound by the terms of this Agreement. 13 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 remedies specked 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: Ft. Collins Student Housing, LLC 1555 Palm Beach Lakes Blvd. Suite 1100 14 West Palm Beach, FL 33401 With a copy to: Corporate Counsel, Ecclestone Organization 1555 Palm Beach Lakes Blvd. Suite 1100 West Palm Beach, FL 33401 And a copy to: PNC Bank, National Association c/o PNC Real Estate Finance 2255 Glades Road, Suite 140W Boca Raton, Florida 33431 Attention: Steve Potting Phone: 561.912.0461 Fax: 561.912.0455 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. Lender Acknowledgement 1. The City acknowledges (i) that it has been informed by PNC Bank, National Association (the "Lender"), that the Lender intends to extend a loan (the "Loan") to the Developer to finance the costs of constructing and equipping the Development. 2. The City acknowledges that, pursuant to Section III.N of this Agreement, the Developer has requested that copies of all notices given by the City to the Developer shall also be given to the Lender at the address set forth therein. The City further acknowledges that notices will not be effective unless delivered to Lender and that the Lender has a right (but not the obligation) to remedy or cure any default by 15 the Developer under this Agreement on behalf of the Developer and that the City will accept such remedy or cure by the Lender on behalf of the Developer. 3. Nothing contained herein shall be construed to impose any liability or obligation of the City to the Lender, except as expressly provided in this Section III.P. ATTEST: City Clerk APPROVED AS TO CONTENT: City E meer APPROV S TO FORM: Deputy City Attorney THE CITY OF FORT CO LINS, COLORADO, a cipal Corporation By: -- City Manager )d- DEVELOPER: Ft. Collins Student Housing, LLC a Colorado limited liability company By: Ft. Collins Operating, LLC a Florida limited liability company, its Manager By: Manager I, LLC, a Florida limited liability company, its Manager UR E. Llwyd Eccleitone, Member/President ATTEST, Helena Leyendecker, Vice President STATE OF FLORIDA ) ) ss. COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this ` day of _, 2013, by Ft. Collins Student Housing, LLC, a Colorado limited liability company by Ft. Collins Operating, LLC, a Florida limited liability company, its Manager, by Manager I, LLC, a Florida limited liability company, its Manager, by E. Llwyd Ecclestone its Member/President and bytielena Leyendecker its 'Vice President C Notary Public My Commission Expires: �o"�,"•:::`�,o WRA A. PENNY # * MY COMMISSION # EE 003228 EXPIRES: August 18, 2014 d' Bonded Tfuu Budget Notary Services 17 EXHIBIT "A" 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. 18 EXHIBIT "B" STANDARD OPERATING PROCEDURES (SOPs) A. Purpose In order for physical stormwater Best Management Practices (BMPs) to be effective, proper maintenance is essential. Maintenance includes both routinely scheduled activities, as well as non -routine repairs that may be required after large stoma, or as a result of other unforeseen problems. Standard Operating Procedures (SOPs) should clearly identify BMP maintenance responsibility. BMP maintenance is typically the responsibility of the entity owning the BMP. Identifying who is responsible for maintenance of BMPs and ensuring that an adequate budget is allocated for maintenance is critical to the long-term success of BMPs. Maintenance responsibility may be assigned either publicly or privately. For this project, the privately owned BMPs shown in Section B below are to be maintained by the property owner, homeowner's association (HOA), or property manager. B. St6rSpecific SOPS The following stormwater facilities contained within The District at Campus West are subject to SOP requirements: Directly Connected Downspouts Permeable Modular Block Pavers (MBPs) - Sand Filter (SF) Storm Drains and Tree Roots The location of said facilities can be found on the Utility Plans and landscape Plans for The District at Campus West. Inspection and maintenance procedures and frequencies, specific maintenance requirements and activities, as well as BMP-specific constraints and considerations shall follow the guidelines outlined in Volume 3 of the Urban Drainage and Flood Control District (UDFCD) Urban Storm Drainage Criteria Manual, SOP Maintenance Summary Table Stormwater Facility J Ownership / BMP Responsibility UDFCD Maintenance Reference Directly Connected Roof Gutters and Downspouts Private Follow guidelines for Roof Gutters and Downspouts Permeable Modular Block Private Follow guidelines for Permeable Modular Block Pavers Pavers (MBPs) (Chapter 6 — Section 11.0) Sand Filter Pete Follow applicable guidelines for the Sand Filter (SF) (Chapter 6 — Section 8.0) The complete UDFCD BMP maintenance references listed above, except for the roof gutters and downspouts, can be found in Chapter 6 of Volume 3. Applicable BMP maintenance excerpts can be found at the end of this document M General Conditions A. The terms of this Agreement shall govem 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 Agreement. 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 Directly Connected Downspouts Many of the downspouts connect directly to the storm drain system. The following SOP generally applies to all direct downspout connections, and more specifically to those which drain directly to the reservoir areas beneath the Modular Block Pavers. At each of these connections, the downspout discharges to a grated sump area and outlet pipe. The outlet pipe discharges directly to the MBP reservoir. The grate and sumps are designed to prevent debris and sediment from entering the MBP reservoir area. Debris and sediment compromise the functionality and effectiveness of the system. Routine Maintenance Table for Directly Connected Downspouts Required Action Maintenance objective Frequency of Action Inspect the downspout, grate and sump Inspections to ensure the system functions as it was P�ti designed. Repair or replace damaged Routine downspouts as needed. Sediment, Debris Remove debris and litter from the grate. Routine — just before annual storm seasons (i.e., and Litter removal Remove sediment from the sump and April/May); at the end of storm season after leaves check that outfall pipe is clear. have fallen; and following significant rainfall events. Permeable Modular Block Pawrs (MBPs) There are several MBP sections throughout the project serving a critical role in the drainage system. These systems provide storage and important water quality benefits. Proper mairrtenance is critical to ensure lasting performance and integrity of the system. The more frequent and diligent the routine maintenance procedures are, the more likely it is to avoid and/or postpone significant repair and replacement actions. Such major remedies would include removal of the surface pavers to access (and potentially replace) the underlying sub -base material and/or underdrain pipes should either become clogged or otherwise tail to function properly. Routine Maintenance Table for Permeable Pavement Systems Required Action Maintenance Objective Frequency of Action Inspect the pavement condition and Inspection observe infiltration either during a rain At least annually_ event or with a garden hose to ensure that water infiltrates into the surface. Debris Removal, Use a regenerative air or vacuum As necessary - the frequency depends on use types Sweeping and sweeper (e.g., foot traffic only versus vehicle traffic) and Pr g eplac i maintain infiltration rates. patterns as well as specific site conditions such as Vacuuming Replace infill aggregate as needed. tributary basin characteristics. Snow Removal DO NOT apply sand to the MBP surface. Mechanical snow and ice removal should be used. As necessary. If the surface is completely clogged and rendering minimal surface infiltration Full and Partial rate, restoration of surface infiltration Routine — Annual inspection of hydraulic and Replacement of can be achieved by removing the first 'A- structural facilities. Also check for obvious problems the Pavement or to 1 inch of soiled aggregate infill during routine maintenance visits, especially for Infill Material material with a vacuum sweeper. Refill plugging of outlets. the openings with clean aggregate infill materials. 20 Sand Flit The Sand Fitter (SF) is located on the ground floor inside of the parking garage (i.e_, Building 2). It receives developed runoff from the uppermost level of the parking structure as well as minor volumes of runoff from a sump area on the ground level. This sump receives runoff from several area inlets within the enclosed ground level parking area_ Sand Filters have relatively low routine maintenance requirements. Maintenance frequency depends on pollutant loads in runoff, erosion control measures implemented, the size of the watershed and the design of the facility. Routine Maintenance Table for Sand Filters Required Action Maintenance Objective Frequency of Action Determine if the sand filter is providing Inspection acceptable filtration. Also check for Once or twice annually following precipitation erosion (see below) and repair as events_ necessary. Sediment, Debris Remove sediment, debris and litter from and Litter removal the forebay. Remove debris and litter Routine from the entire sand filter surface. Scarify the top two inches of the filter. Fitter Surface After this has been done two or three Maintenance times, replenish the top few inches of the filter coarse sand to the original elevation. Scarify - once every two to five years depending on observed drain times. Erosion and Repair basin inlets, outlets and all other Structural Repairs structural components required for the As needed BMP to operate as intended. Storm Drain Lines 1.3 and 1.6 Maintenance Plan The storm drain lines (i.e., 1.3 and 1.6) along the north property boundaries are located within four feet of many trees. The situation is unavoidable; therefore, special maintenance has been identified to ensure these storm drain systems perform as they were designed. Routine Maintenance Table Required Action Maintenance Objective Frequency of Action Use a video camera to inspect the condition of the storm drain pipes_ Inspection Cleanout pipes as needed. If the integrity Every two to five years. of the pipe is compromised, then repair the damaged section(s). 21 11.0 Permeable Pavement Systems The key maintenance objective for any permeable pavement system is to know when runoff is no longer rapidly infiltrating into the surface, which is typically due to void spaces becoming clogged and requiring sediment removal. This section identifies key maintenance considerations for various types of permeable pavement BMPs. 11.1 Inspection Inspect pavement condition and observe infiltration at least annually, either during a rain event or with a garden hose to ensure that water infiltrates into the surface. Video, photographs, or notes can be helpful in measuring loss of infiltration over time. Systematic measurement of surface infiltration of pervious concrete, Permeable Interiockmg Concrete Pavers (PICP), concrete grid pavement, and porous asphalt' can be accomplished using ASTM C 1701 Standard Test Method for infiltration Rate of In Place Pervious Concrete. ' Poraa asphalt is considered a provisioml fta=Wt BW pending pager testing in Colorado and is not mchKkd in this manual at die presort time_ November 2010 Urban Drainage and Flood Control District 6-15 Urban Storm Drainage Criteria Manual Volume 3 22 BMP Maintenance 11.2 Debris Removal, Sweeping, and Vacuuming Chapter 6 All Pavements: Debris should be removed, routinely, as a source control measure_ Typically, sites that require frequent sweeping already plan for this activity as part of their ongoing maintenance program For example, a grocery store may sweep weekly or monthly. Depending on the season, city streets also may have a monthly plan for sweeping_ Ilus is frequently performed with a broom sweeper such as the one shown in Photo 6-4. Although this type of sweeper can be effective at removing solids and debris from the surface, it will not remove solids from the void space of a permeable pavement. Use a vacuum or regenerative air sweeper to help maintain or restore infiltration. If the pavement has not been property maintained, a vacuum sweeper will likely be needed_ PICP, Concrete Grid Pavements (tvith aggregate in11ll), Pentous Concrete, and Porous Asphalt': Use a regenerative air or vacuum sweeper after any significant site work (e.g., landscaping) and approximately twice per year to maintain infiltration rates. Ibis should be done on a warm dry day for best results_ Do not use water with the sweeper. The frequency is site specific and inspections of the pavement may show that biannual vacuuming is more frequent than necessary. After vacuuming PICP and Concrete Grid Pavers, replace infill aggregate as needed 11.3 Snow Removal In general, permeable pavements do not form ice to the same extent as conventional pavements. Additionally, conventional liquid treatments (deicers) will not stay at the surface of a permeable pavement as needed for the treatment to be effective. Sand should not be applied to a permeable pavement as it can reduce infiltration. Plowing is the recommended snow removal process. Conventional plowing operations should not cause damage to the pavements. ■ PICP and Concrete Grid: Deicers muy be used on PICP and grid pavers-, however, it may not be effective far the reason stated above. Sand should not be used. If sand is accidently used, use a vacuum sweeper to remove the sand. Mechanical snow and ice removal should be used. • Pentons Concrete: Do not use liquid or solid deicers or sand on pervious concrete_ Deicers can damage the concrete and sand will reduce infiltration. Mechanical snow and ice removal should be used_ • Porous Asphalt': Use liquid or solid deicers sparingly, mechanical snow and ice removal is preferred_ Do not apply sand to porous asphalt_ 11.4 Fall and Partial Replacement of the Pavement or Infill Material • PICP and Concrete Grid: Concrete pavers, when installed correctly, should have a long service life. If a repair is required, it is fiequently due to poor placement of the paver blocks. Follow industry guidelines for installation and replacement after underground repairs - If surface is completely dogged and rendering a minimal surface infiltration rate, restoration of surface infiltration can be achieved by removing the fast % to I inch of soiled aggregate infill 2 Pans asphalt is considered a oval heaMxnt BMP puuvin PAS pofemm= ontal3 in Colorado and is not included in mis mavaal at the p¢rsmt time. 6-16 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 23 BMP Maintenance material with a vacuum sweeper. After cleaning the openings in the PICP will need to be refilled with clean aggregate infill materials. Replacement of the infill is best accomplished with push brooms. Porous Gravel: Remove and replace areas of excessive wear or reduced infiltration as needed.. The frequency is dependent on site characteristics including site uses, vegetation, and materials. 12.0 Underground BMPs Maintenance requirements of underground BMPs can vary greatly depending on the type of BMP. Frequent inspections (approximately every three months) are recommended in the first two years in order to determine the appropriate interval of maintenance for a given BUF This section provides general recommendations for assorted underground BMPs. For proprietary devices, the manufacturer should provide detailed maintenance requirements specific for the BMP. 12.1 Inspection • All Underground BMPs: Inspect underground BMPs at least quarterly for the first two years of operation and then twice a year for the life of the BMP, if a reduced inspection schedule is warranted based on the initial two years. Specifically look for debris that could cause the structure to bypass water quality flows. Strong odors may also indicate that the facdlity is not draining Ply Inspection should be perfor med by a person who is fairlih with the operation and configuration of the BMP_ • Inlet Inserts: Inspect inlet inserts frequently; at a minimum, inspect after every storm event exceeding 0.6 inches. Removal of flow blocking debris is critical for flood control_ 12.2 Debris Removal, Cartridge Replacement, and Vacuuming All Underground BMPs: Follow the manufacturees recommended maintenance requirements and remove any flow blocking debris as soon as possible following inspection- 3 Pom n asphalt to emsidemd a prae wnrd treatment BMP peadmg perfmmance testing is Colorado and is not i KW&d m gin mamral at The pressor time. November 2010 Urban Drainage and Flood Control District 6-17 Urban Stasm Drainage Cntena Manual Volume 3 24 BMP Maintenance Chapter 6 13.0 References CONTECH Stormwater Solutions. 2007. StormFilter Inspection and Maintenance Procedures. www. contech-cpi_ o nz. Koski, T. and Skinner, V. 2003_ Colorado State University Extension. Fact Sheet no_7.202, Lawn Cate_ hM.1/www ext colostate edu/pubs/garden/07202 html. Law, N_L., K. DiBlasi, and U. C;hosh. 2008. Deriving Reliable Pollutant Removal Rates for Mimicipal Street Sweeping and Storm Drain Cleanout Programs in the Chesapeake Bay Basin. Center for Watershed Protection. Prepared for U.S. EPA Chesapeake Bay Program Grant CB-973222-01: Ellicott. City, MD. www.cpw.- Wright Water Engineers, Inc_, Wenk Associates, Muller Engineering Company, Inc, Matrix Design Croup, and Smith EnvummentaL 2004. Ciry and C:mmgy of Denver Water Quality Management Plan. Denver, CO 6-18 Urban Drainage and Flood Control District November'2010 Urban Storm Drainage Criteria Manual Vohtme 3 25 HMP Maintenance 8.0 Sand Filters Sand filters have relatively low routine maintenance requirements. Maintenance frrquency depends on pollutant loads in nunof� the amount of construction activity within the tributary watershed, the erosion control measures implemented, the size of the watershed, and the design of the facility. 8.1 Inspection Inspect the detention area once or twice annually following precipitation events to determine if the sand filter is providing acceptable infiltration. Also cheek for erosion and repair as necessary. 6-12 Urban Drainage and Flood Control District Nm ember 2010 Urban Storm Drainage Criteria Manual Volume 3 26 Chapter 6 8.2 Debris and Litter Removal BMP Maintenance Remove debris and litter from detention area to minimize clogging of the media. Remove debris and litter from the overflow structure. 83 Filter Surface Maintenance Scarify the top 2 inches of sand on the surface of the filter. This may be required once every two to five years depending on observed drain times. After this has been done two or three times, replenish the top few inches of the filter with clean coarse sand (AASHTO C-33 or CDOT Class C filter material) to the original elevation. Maintain a minimum sand depth of 12 inches_ Eventually, the entire sand layer may require replacement. 8.4 Erosion and Structural Repairs Repair basin inlets, outlets, and all other structural components required for the BMP to operate as intended. Repair and vegetate anv eroded side slopes as needed followma tnsnErhnn November 2010 Urban Drainage and Flood Control District 6-13 Urban Storm Drainage Criteria Manual Volume 3 27 EXHIBIT "C" 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 Developer furthermore commits to make necessary repairs to said public improvements, to include, without limitation, the roads, streets, fills, embankments, ditches, cross pans, sub -drains, culverts, walls and bridges within the right-of-way easements and other public properties, resulting from failures caused by design and/or construction defects. This agreement to hold the City harmless includes defects in materials and workmanship, as well as defects caused by or consisting of settling trenches, fills or excavations. Further, the Developer agrees that the City shall not be liable to the Developer during the warranty period, for any claim of damages resulting from negligence in exercising 28 M 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. 29 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 designed and constructed by the Developer so as to protect downstream and adjacent properties against injury and to adequately serve the Property (and other lands as may be required, if any). The Developer shall meet or exceed the minimum requirements for storm drainage facilities as have been established by the City in its Drainage Master Plans and Design Criteria. The Developer, for itself and its successor(s) in interest, does hereby indemnify and hold harmless the City from any and all claims that might arise, directly or indirectly, as a result of the discharge of injurious storm drainage or seepage waters from the Property in a manner or quantity different from that which was historically discharged and caused by the design 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 a Colorado licensed professional engineer to design the storm drainage facilities as aforesaid and it is expressly affirmed hereby that such engagement shall be intended for the benefit of the City, and subsequent purchasers of property in the Development. J. The developer shall pay the applicable "stormwater plant investment fee" in accordance with Chapter 26, Article VII of the City Code. This fee is included with building permit fees and shall be paid prior to the issuance of each building permit. K. The Developer shall provide the City Engineer with certified Record Plan Transparencies 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 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 claim to the Developer within ninety (90) days after the City first receives a notice of such claim under the Colorado Governmental Immunity Act for the same, shall cause this indemnity and hold harmless agreement by the Developer to not apply to such claim and such failure shall constitute a release of this indemnity and hold harmless agreement as to such claim. M. The Developer acknowledges and agrees that the City, as the owner of any adjacent property (the "City Property") on which off -site improvements may be constructed, or that may be damaged by the Developer's activities hereunder, expressly retains (and does not by this Agreement waive) its rights as property owner. The City's rights as owner may include without limitation those rights associated with the protection of the City Property from damage, and/or the enforcement of restrictions, limitations and requirements associated with activities on the City Property by the Developer as an easement recipient. N. If the Developer or Contractor or any agent or representative thereof causes damage to any public infrastructure (including without limitation, any surface pavers, flagstones, or other stone or concrete surfaces, planters, street and decorative lights, or canopies) such damage shall be promptly repaired with the same kind, quality, color, serviceability and material composition aspects as was possessed by the infrastructure damaged, unless otherwise expressly agreed to by the City in writing. Paver repair and replacement in Downtown alleys shall comply with the City's specific requirements for pavers. 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 any certificate of occupancy. Completion of improvements shall include the certification by a professional engineer licensed in Colorado that the drainage facilities which serve this Development have been constructed in conformance with said Final Development Plan Documents. Said certification shall be submitted to the City at least two weeks prior to the issuance of any certificate of occupancy in this Development. 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 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 $18,163.13 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 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 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 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 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 outfall system. The water quality and detention facilities have been designed to discharge storm water runoff from frequent storms through a small diameter outlet. Under the intended operation of the water quality and detention area, there will not be standing water in the underground detention area more than 48 hours after the end of a rainfall event. If 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 storm water design, the Developer shall promptly, upon such discovery, bring the drainage facilities to compliance with the City's Storm Water Criteria Manual. 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 in accordance with the Standard Operating Procedures attached to this document as Exhibit B. 9. The Developer shall be responsible for maintenance of the custom chase grates for the public sidewalk as shown on the Final Development Plan Documents. D. Streets. 1. Subject to the conditions of this Agreement, the City agrees to reimburse the Developer for oversizing public street improvements along Plum Street for those portions of said street abutting the Property as shown on the Final Development Plan Documents. Reimbursement for Plum Street shall be for oversizing the sidewalk from local (access) standards to collector standards, for the area along Plum Street between Aster Street and Bluebell Street where sidewalk does not (or has not previously) existed. This amount of linear frontage along Plum Street between Aster Street and Bluebell Street eligible for reimbursement has been determined to be 160 feet. Construction of sidewalk beyond the collector width of 5 feet is not eligible for reimbursement and is limited to oversizing the sidewalk from 4.5 feet local (access) standards to 5 feet collector standards. The City shall make reimbursement to the Developer for the aforesaid oversized street improvements in the manner provided in and 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. 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. As shown on the Final Development Plan Documents, Columbine Street and Daisy Street are to be abandoned and removed with the Development. Ordinance No. 106, 2012 approved by City Council vacates the City's interest in right- of-way for Columbine Street and Daisy Street but retains easements for access, emergency access, drainage, and utilities. A request by the Developer to vacate these easements (upon the Developer's completion of the abandonment of the Columbine Street and Daisy Street roadways and associated utilities) requires payment to the City of costs to vacate such easements, which include the City's Transportation Development Review Fee of $400 and Larimer County recording fees for the resolution approving the vacation. In addition, a legal description and exhibit acceptable to the City for the area to be vacated shall be provided. The City reserves the right to withhold the vacation of said easements until the above described costs and materials are provided to the City. 4. The pavement design and construction standards for privately maintained streets shall be the same as the standards for public streets. Grades, alignments, and widths may be modified in accordance with accepted design principles, only on the condition that safe access is maintained for all future owners, visitors, the general public and public safety officials and equipment. Such modifications from public street standards may be made only if approved by the City Engineer. Easements for access, utilities and drainage shall be dedicated to the public and clearly shown on the plat. 5. 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. 6. 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 Not Applicable 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