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HomeMy WebLinkAboutPATEROS CREEK - Filed DA-DEVELOPMENT AGREEMENT - 2014-03-20RECEPTION#: 20140012742, 03/14/2014 at 02:50:51 PM,1 OF 26, R $136.00 TD Pgs: 0 Angela Myers, Clerk & Recorder, Larimer County, CO DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement"), is made and entered into this 7-16-1'*- day of naQ.c 2014, by and between the CITY OF FORT COLLINS, COLORADO, a Municio1wCorporation, hereinafter referred to as the "City"; and Pateros Creek Development Inc., a Colorado Corporation, 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: Pateros Creek, located in Southwest Quarter of Section 2, 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 upon, remove, fill, dredge, build upon, degrade or otherwise alter natural habitats and features unless identified in the Final Development Plan Documents. 2. The Developer is responsible for verifying the amount of constructed wetlands is equal to the required mitigation amount of 3,315 square feet per the Final Plan Documents. The Developer is responsible for adjusting the constructed wetlands if the amount of constructed wetlands is not equal to the required mitigation amount of 0.76 acres. 3. The Developer agrees to mitigate for 3,315 square feet of wetlands in the proposed forebay wetland in accordance with the Final Plan Documents. The mitigation and monitoring shall be conducted in accordance with the Wetland Monitoring Program prepared by Cedar Creek Associates, Inc. and attached to this Development Agreement as Exhibit "C". An estimate for the wetland mitigation, described in the plan, shall be prepared by the Developer and approved by the City. The Developer shall provide to the City prior to issuance of the Development Construction Permit an acceptable form of security (cash, bond, or letter of credit) to guarantee completion of the mitigation outlined in the above -referenced plan at 125% of the approved estimate for said mitigation. The City shall return the security to the Developer upon completion of the term of the monitoring as provided in the Wetland Monitoring Program, should it be determined that the wetland mitigation was successful. 4. The Developer shall ensure that all landscaping with the Natural Habitat Buffer Zone is properly maintained for a three (3) year period following construction thereof to ensure that the vegetation is fully established. a) The status and effectiveness of the vegetation shall be evaluated and the results reported to the City of Fort Collins Environmental Planner, Planning Department semi-annually for review. b) Developer shall provide to the City prior to the issuance of any Certificate of Occupancy an acceptable form of security (cash, bond, letter of credit) to guarantee completion of the buffer zone landscape improvements. An estimate for said improvements shall be prepared by the Developer and approved by the City. Said estimate of landscape improvements shall constitute plant material and irrigation system improvements at 67% of the construction value to be held until said landscape improvements are constructed and accepted by the City. The City shall return the security to the Developer upon the Developer's installation of the landscape improvements and the City's acceptance thereof. If the uplands have not been established in accordance with the approved plans, then the Developer shall promptly take such steps as are necessary (and present to the city Environmental Planner a written proposal of steps and timing) to bring the buffer zone into conformance with the approved plans. If the Developer does not take action, after reasonable notice from City, to bring the buffer zone plantings into conformance with the approved plans, the City shall use a reasonable amount of 10 the security provided by the Developer to install said landscape improvements and the Developer shall forfeit any right to the security. 5. The areas of the Development that are planned to be seeded, 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 1st. 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 specked species per 1000 square centimeters (approximately one square foot), or twenty-five percent (25%) 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 thirty percent (30%) foliage cover of the specified species planted as measured from five feet (5') directly overhead. No (0) List A weed species may be present on the site, as defined by the State of Colorado, and no more than five percent (5%) 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. 6. Prior to issuance of the Certificate of Occupancy the Developer shall provide a weed management plan prepared by a qualified professional and reviewed and approved by the City's Environmental Planner. 7. Fueling facilities shall be located at least one hundred (100) feet from natural body of water, wetland, natural drainage way or manmade drainage way. The fuel tanks and fueling area must be set in a containment area that will not allow a fuel spill to directly flow, seep, run off, or be washed into a body of water, wetland or drainage way. 8. 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. F. Soil Amendment 11 1. In all areas associated with this Development that are to be landscaped or planted in accordance with the Final Development Plan Documents, and do not require a building permit, the soils shall be loosened and amended by the Developer in accordance with Section 3.8.21 of the Land Use Code prior to the issuance of any certificate of occupancy in this Development. Completion of soil amendments shall include certification by the Developer that the work has been completed. This certification shall be submitted to the City at least two (2) weeks prior to the date of issuance of any certificate of occupancy in this Development. G. Ground Water, Subdrains and Water Rights 1. The City shall not be responsible for, and the Developer (for itself and its successor(s) in interest) hereby agrees to indemnify and hold harmless the City against any damages or injuries sustained in the Development as a result of ground water seepage or flooding, structural damage, or other damage unless such damages or injuries are proximately caused by the City's negligent operation or maintenance of 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 12 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, 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 "D." 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 "D" 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. 13 B. As required pursuant to Chapter 20, Article IV of the City Code, the Developer shall, at all times, keep the public right-of-way free from accumulation of waste material, rubbish, or building materials caused by the Developer's operation, or the activities of individual builders and/or subcontractors; shall remove such rubbish as often as necessary, but no less than daily and; at the completion of the work, shall remove all such waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way. The Developer further agrees to maintain the finished street surfaces so that they are free from dirt caused by the Developer's operation or as a result of building activity. Any excessive accumulation of dirt and/or construction materials shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until the problem is corrected to the satisfaction of the City Engineer. If the Developer fails to adequately clean such streets within two (2) days after receipt of written notice, the City may have the streets cleaned at the Developer's expense and the Developer shall be responsible for prompt payment of all such costs. The Developer also agrees to require all contractors within the Development to keep the public right-of-way clean and free from accumulation of dirt, rubbish, and building materials. C. The Developer hereby agrees that it will require its contractors and subcontractors to cooperate with the City's construction inspectors by ceasing operations when winds are of sufficient velocity to create blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. D. The Developer shall, pursuant to the terms of this Agreement, complete all improvements and perform all other obligations required herein, as such improvements or obligations may be shown on the Final Development Plan Documents, or any documents executed in the future that are required by the City for the approval of an amendment to a development plan, and the City may withhold (or to the extent permitted by law, revoke) such building permits and certificates of occupancy as it deems necessary to ensure performance in accordance with the terms of this 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 14 annually appropriated, budgeted and otherwise made available by the FortCollins 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. 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 thirty (30) days within which to cure said default. If the nature of the default is such that it cannot be reasonably cured within said thirty (30) days, the time for curing said default shall be extended for a reasonable period of time provided that Developer commences efforts to cure within said 30-day period and continues diligent efforts thereafter until such default is cured. 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 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. 15 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: Pateros Creek Development, Inc. 7307 Streamside Drive Fort Collins, CO 80525 With a copy to: Gino Campana 7307 Streamside Drive Fort Collins, CO 80525 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 16 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. ATTEST: lveL� kd;I6-_ City Clerk APPROVED AS TO CONTENT: THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporati By: 1—_� Manager 0. o,�.F cON v SEAL t�. cOLaRPO Enginee APPR V D AS T FORM: Deputy City Attorney DEVELOPER: Pateros Creek Development, Inc. a Colorado Corporati n B, pans, Pres ent STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this -274h day of Febcuay, 2014, by Gino Campana as President of Pateros Creek Development, Inc. a Colorado- Corporation. Notary ublic My Commission Expires:_., I'v16. anij FNOTARY HELLE ANN ROUILLARD NOTARY PUBLIC TATE OF COLORADO 1 ID 20134o31600 SSION EXPIRES MAY 16, 2017 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. 18 EXHIBIT B: STANDARD OPERATING PROCEDURES (SOPS) Pateros Creek, Fort Collins, CO 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 storms, 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. Site -Specific SOPS The following stormwater facilities contained within the Pateros Creek project are subject to SOP requirements: - Constructed Wetlands and Forebay - Wet Detention Pond - Storm Drains and Tree Roots The location of said facilities can be found on the Utility Plans and Landscape Plans for Pateros Creek. 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 Maintentance Summary Table Stormwater Facility / C►wnership / BMP Responsibility UDFCD Maintenance Reference Constructed Wetlands and Forebay Private Follow guidelines for Constructed Wetlands and Forebays Wet Detention Pond Private Follow guidelines for Wet Detention Ponds Storm Drains Private Follow guidelines for Storm Drains and Tree Roots 19 I. 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 bike paths 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, sidewalk, 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 Constructed Wetland and Forebay Maintenance Plan Routine Maintenance Table (Summary from Chapter 6 of UDFCD) Required Action Maintenance Objective Frequency of Action Sediment, Debris Remove sediment, debris and litter as Routine —including just before annual storm seasons and Litter removal needed. Floating debris can clog the (that is, April and May), end of storm season after outlet structure leaves have fallen, and following significant rainfall events. Aquatic Plant Harvesting See notes i and z below Nonroutine - See notes i and 2 below Inspect for signs of mosquito breeding; provide treatment when breeding is Mosquito Control found. Inspection and treatment is Routine - Inspect Weekly. Typically, insepctions start recommended to be performed by a in mid -May and extend to mos uito control service. Remove accumulated sediment from the Nonroutine — Performed when sediment bottom of the basin before it becomes a accumulation appears to result in excessive algae Forebay Sediment significant source of pollutants for the growth or mosquito production. This may vary removal remainder of the pond. Inspect to ensure considerably, but expect to do this every that sediment does not result in excessive approximately every 4 years, as necessary per algae growth or mosquito production. inspection if no construction activities take place in the tributary watershed. More often if they do. Remove accumulated sediment from the bottom of the basin to maintain volume and deter algae growth. Harvesting of Major Pond vegetation may also be desirable for Sediment removal nutrient removal (see notes 1 and Z, below). Upon completion of sediment removal, re-establish growth zones and and replant if necessary. Inspect to ensure that the facility continues to function as initially intended, Inspections Examine the outlet for clogging, erosion, slumping, excessive sedimentation levels, overgrowth, embankment integrity and damage to any structural element. Nonroutine — Performed as necessary to maintain volume and deter algae growth. This may vary considerably, but expect to do this everyio to 20 years, as necessary per inspection if no construction activities take place in the tributary watershed. More often if they do. Routine —Annual inspection of hydraulic and structural facilities. Also check for obvious problems during routine maintenance visits, especially for plugging of outlets. Note the amount of sediment in the forebay and look for debris at the outlet structure *1. Harvesting plants will permanently remove nutrients from the system, although removal of vegetation can also resuspend sediment and leave areas susceptible to erosion. Additionally, the plants growing on the safety wetland bench of a retention pond help prevent drowning accidents by demarking the pond boundary and creating a visual barrier. For this reason, UDFCD does not recommend harvesting vegetation completely as routine maintenance. However, aquatic plant harvesting can be performed if desired to maintain volume or eliminate nuisances related to overgrowth of vegetation. When this is the case, perform this activity during the dry season (November to February). This can be performed manually or with specialized machinery. 20 *2. If a reduction in cattails is desired, harvest them annually, especially in areas of new growth. Cut them at the base of the plant just below the waterline, or slowly pull the shoot out from the base. Cattail removal should be done during late summer to deprive the roots of food and reduce their ability to survive winter. *Harvesting recommendations taken directly from BMP Maintenance Section 9.o, Chapter 6 of UDFCD. Wet Detention Basins Maintenance Plan Routine Maintenance Table (Summary adapted from Chapter 6 of UDFCD) Required Action Maintenance Objective Frequency of Action Sediment, Debris and Litter removal Major Pond Sediment removal Inspections Remove sediment, debris and litter from the entire pond to minimize outlet clogging and improve aesthetics. Remove accumulated sediment from the bottom of the basin. Inspect basins to insure that the pond continues to function as initially intended. Examine the outlet for clogging, erosion, slumping, excessive sedimentation levels, overgrowth, embankment and spillway integrity and damage to any structural element. Routine — Including just before annual storm seasons (that is, April and May), end of storm season after leaves have fallen, and following significant rainfall events. Nonroutine — Performed when sediment accumulation occupies 20 percent of the pond volume. This may vary considerably, but expect to do this everyio to zo years, as necessary per inspection if no construction activities take place in the tributary watershed. More often if they do. Routine —Annual inspection of hydraulic and structural facilities. Also check for obvious problems during routine maintenance visits, especially for plugging of outlets. Storm Drain Lines Maintenance Plan The storm drain lines are located in proximity to 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 Inspection drain pipes. Cleanout pipes as needed. If the integrity of the Every two to five years. pipe is compromised, then repair the damaged section(s). 21 Exhibit C: Pateros Creek Wetland Mitigation Monitoring Plan 1.0 General Approach — Wetland Area The compensatory wetland area to be created will be monitored for a minimum of three years, as typically required by the City of Fort Collins (City), to track the development of the planted vegetation communities and to determine if the mitigation and enhancement objectives have been achieved. Monitoring will occur on a bi-monthly basis during the growing season beginning on or about June 1 and ending on or about October 1 for a total of three yearly monitoring visits. The first two monitoring visits will consist of qualitative evaluations to determine the relative success of plant species establishment, the stability of the planted areas, and the incidence of weed species invasion. The results of these evaluations will be summarized in a brief report electronically submitted to the City and Bellisimo, Inc. 2.OWetland (0.08 Acres) Monitoring Plan The third annual monitoring visit of each year will consist of a detailed quantitative evaluation to determine the overall success of the wetland mitigation project. Mitigation and revegetation success will be judged based on four criteria. These criteria include the size of the wetland mitigation area successfully established, the wetland soil moisture regime created, the percent ground cover of wetland -classed species present in the wetland mitigation area, the success rate of the shrubs and trees planted, and the suppression of weed species. The mitigation size criterion will be met if that portion of the mitigation site qualifying as vegetated wetland totals 0.08 acres. The soil moisture regime criteria will be met if the wetland mitigation site surface dedicated to the establishment of hydric species exhibits saturated conditions in the upper 12.0 inches of the soil profile and -or shallow flooding throughout the majority of the growing season as evidenced either by soil characteristics or the presence of sufficient wetland indicator species. Small ridges and potholes that enhance species diversity will be acceptable so long as these features do not compromise the overall integrity of the vegetated wetlands to be created. The average depth of free water over the mitigation site will be reported as will an estimate of the percent of the mitigation site overlain by free surface water. Surface water will not be included in the estimate of percent of wetland present. The wetland ground cover criterion will be met if, after three growing seasons, the total ground cover contributed by all vegetation species (including willow plantings) present in the wetland mitigation site is equal to or greater than 80 percent, on average, and wetland -classed species (FAC, FACW, and OBL) are dominant (70 percent relative cover) as compared to upland -classed (FACU and UPL) species. In addition, there will be no evidence of erosion detrimental to vegetation establishment or site stability. The percent of open water occurring over 22 the surface of the mitigation site will be considered a "null set' when calculating percent herbaceous ground cover, so long as such surface water does not indicate the formation of an "open water' system. Shrub and tree plantings will be considered successful where 90 percent of the number planted are established on site. Volunteer plants of all native shrub and tree species will be included in the tally and counted toward the success criteria. Any indication of insect or animal damage will be noted as will any indication of nutrient deficiencies. The weed suppression criteria will be met if, after three growing seasons, the total cover provided by weed -classed species does not exceed 10 percent across the mitigation site. Any actions deemed necessary to enhance mitigation success and/or site stability will be taken as a result of each annual monitoring assessment. Monitoring will continue on an annual basis until the City judges this compensatory mitigation program to be successful. Soil and Plant Cover Sampling Technique Specifics The boundaries of the compensatory wetland site will be staked with metal fence posts to facilitate the field survey evaluations. To determine the depth to which non -inundated soils are saturated, soil sample pits will be dug at four locations corresponding with the vegetation analysis plots described below. Each pit will be dug to a depth of approximately 12.0 to 14.0 inches. The depth to saturation, if occurring, will be recorded. Soil matrix colors will be recorded to assess soil moisture regime characteristics. The presence of mottles or gleying will be noted and the color, abundance, and contrast of mottles recorded, if present. A sulfidic (H2S) odor will also be noted, if observed. Ocular estimates of vegetation cover and composition (dominant species) in the created wetlands will be made at four representative plots employing a plot size of 10 feet x 10 feet. A photo will be taken of each plot at the time of each quantitative monitoring visit. The comers of the plots will be permanently marked in the field with metal fence posts, metal stakes, or similar to facilitate repeatable, non-destructive evaluations. Plots will be sited to represent the vegetation conditions common within the mitigation site. The location of the pots will be reviewed and approved by the City's Environmental Planner prior to initiating the field sampling. The percent of invasive weeds present will be calculated and averaged from the plots evaluated. Shrub (excluding willow cuttings, if any, that will be evaluated as a part of ground cover) and tree species planted as a part of wetland mitigation construction will be tallied by a simple count of viable species present at the time of monitoring fieldwork. 23 Any indications of insect or animal damage will be noted, as will any indication of nutrient deficiencies. That portion of the compensatory mitigation site supporting wetlands at the time of the third end -of -season monitoring visit will be surveyed to calculate the acreage of wetlands successfully created. A map depicting the results of the survey will be included with the annual report. A detailed monitoring report will be submitted the City and Bellisimo, Inc. on or before December 31 of each monitoring year. Information and showings to be submitted with each annual quantitative monitoring report include a project location map, project history summary, a discussion of the conditions of the compensatory mitigation site, a summary of the data collected, copies of all data sheets completed in the field, recommendations for corrective actions (if any) and a continuation of the photographic record submitted with the first annual report. Observation wells are not planned for the monitoring since the wetland is designed to be wet throughout the growing season. Wells excavated to a depth of 6.0 feet could be added to the program if the anticipated soil moisture regime varies from that planned. Note Should the data from the monitoring plan show that the hydrology regime of the wetland is no longer adequate to support wetland communities, appropriate actions will be taken to ensure that the overall objectives of upland habitat creation and enhancement will be achieved. Such actions include, as necessary, seedbed preparation techniques, fertilization, reseeding and planting, and mulching. 24 EXHIBIT "D" 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 25 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. 26 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. 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. I. 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. J. It is recognized that there will be certain utilities credits due the Developer because of the property's prior use. The may include, but may not be limited to, raw water fee credits, water plant investment fee credit, and light and power fee credit. 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 4 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. 1I. 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 10 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. Additionally on -site certification shall provide documentation that the open space areas that are part of this Development have been graded in a manner consistent with the approved Final Development Plan Documents. All lot corner elevations for lots adjacent to open space areas shall be certified to be in conformance with the approved 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 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 $21,067.50 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 comers 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 the detention pond facilities. No grading shall be done outside of the approved areas as shown on the Final Development Plan Documents. 7. The Developer shall be responsible for maintenance of all storm drainage facilities that are constructed outside of the public right-of-way as outlined in the Standard Operating Procedures in Exhibit B, until such time as a homeowners association has been created by the Developer with respect to the Development, and such homeowners association has assumed responsibility (or there has been imposed on such homeowners association by recorded covenants, the responsibility) for such maintenance (at which time Developer shall automatically be released and discharged from any further obligation under this provision). 8. All The requirements of Chapter 10 of the City Code apply to this Development and one or more floodplain use permits may be necessary in order to proceed. The requirements in effect at the time of a building permit must be met for work under the permit, in addition to any requirements set forth in this development agreement, which may be more restrictive. Failure to comply with all floodplain requirements shall result in a stop work order and/or the withholding of the issuance of additional building permits and/or certificates of occupancy until the violation(s) are corrected and approved in accordance with Chapter 10 of the City Code. 9. The Developer shall obtain a Floodplain Use Permit from the City prior to commencing any construction activity within the Poudre River or West Vine Floodplain Limits or with in the LOMR-Fill Areas as delineated on the Final Development Plan Documents for this Development. A floodplain use permit is required for each structure on lots 9-14 and 31-33. Structures on these lots are to be constructed as slab -on - grade, with basements expressly prohibited, and have their lowest floor and all HVAC, electrical and other mechanical 2 feet above the 100-year flood elevation. All site work within the 100-year floodplain must have an approved floodplain use permit prior to start of construction. An approved no -rise certification must accompany the floodplain use permit for construction elements within the floodway portion of the floodplain, No fill shall be placed in the floodway. All fencing in the floodway shall be break -away, including any construction fencing. 10. Lots 1 and 2 are located in the West Vine floodway and shall not be developed, including construction of fencing, until such time as they are removed from the floodway by a map revision. At the time the floodway is removed, the structures must comply with any requirements of Chapter 10 of the City Code based on the floodplain delineations effective at time of construction. 11. An as -built no -rise certification signed by a registered professional engineer in the State of Colorado, is required for construction elements within the floodway portion of the floodplain. Said certification shall be submitted to the City at least two weeks prior to the desired date of approval. The as -built no -rise certification shall be submitted and approved prior to approval of the overall drainage site certification. 12. For each structure on lots 9-14 and 31-33, a FEMA Elevation Certificate shall be completed and approved prior to issuance of the Certificate of Occupancy. Said certification shall be submitted to the City at least two weeks prior to the date of issuance of the desired certificate of occupancy. 13. All stockpiles must be located outside the floodway. Storage of any floatable materials including construction materials, equipment, vehicles, or debris are not allowed to be stored overnight in the Poudre River floodplain. Violations of this requirement will be subject to the penalties outline in Chapter 10 of the City Code and subject to a Stop Work Order. 14. The developer shall stake the floodway in the field prior to commencing any site work. D. Streets. 1. No street oversizing reimbursement from the City is due the Developer for this Development. 2. The Developer agrees that any maintenance, repair or replacement of the landscape walls or retaining walls within the right-of-way is the responsibility of the Developer. 3. The Developer agrees to construct the local street portion improvements on the westerly half of Wood Street and adjacent to the City property as shown on the Final Development Plan Documents. It is understood that the City will reimburse the Developer for these improvements at such time that adequate funds have been approved and appropriated in the City budget or at such time that the City property is redeveloped or is the subject of a building permit. 4. The Developer agrees that the amount to be reimbursed shall 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. Upon completion and acceptance of the improvements the Developer shall submit documentation to the City for the amount of reimbursement due for the westerly half of Wood Street adjacent to the City Property. Said documentation shall include copies of the paid receipts for the work completed. If the reimbursement is not paid within the same calendar year as the request for reimbursement is submitted, the amount to be reimbursed shall be adjusted to recognize the effects of inflation. The inflation factor shall be calculated using the construction cost index for Denver as published in the Engineering News Record (ENR) of the month of the completion of the construction and the same index published in the ENR in the month preceding payment of the reimbursement, utilizing the following formula: Inf. Fac. =((I -year of payment)-(I-base))/(I-base) 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 1. The Final Development Plan Documents identify areas within the Property which are not to be disturbed in order to prevent environmental damage to the natural habitats or features in the ("Natural Habitat Buffer Zone"), except for the purposes allowed within the Final Development Plan Documents, which activities are allowable under Section 3.4.1 (E). Neither the Developer nor its contractor shall intrude