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Home My WebLink Aboutencroachment.315 East Dean Street.2019Illllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll RECEPTIONM 639057, R: $28.00, D: $0.00 DOC CODE: AGREEMENT Pg 1 of 4, 06/12/2017 at 11:30:54 AM Janice K. Vos Caudill, Pitkin County, CO STORMWATER BEST MANAGEMENT PRACTICES OPERATIONS AND MAINTENANCE AGREEMENT City of Aspen, Colorado THIS AGREEMENT, made and entered into this gnk day of ry , 20_t3, by and between (Insert Full Name ofOwner),TCrl A&,k,.,Jl 4 mn k&L-141 e iereinafter called the "Landowner", and the City of Aspen, Colorado, hereinafter called the "City". 3 1.;, E Ae--k'` WITNESSETH s r Ass me-/ 6, rr WHEREAS, the Landowner is the owner of certain real properly described as (Pitkin County tax Map/Parcel Identification Number) _ _2-73 733 _ located at 315 6 and as more fully as follows, to wit: `Jvi6�ivlsroh: Aspee, Resde„Ce L l46 f M -iel , llrw ; Mob I also known as,+-c- ST" 1Cp,'��_ . hereinafter called the "Property"; and WHEREAS, the Landowner is proceeding to build on and develop the property; and WHEREAS, the stormwater management BMP Operations and Maintenance Plan for the property identified herein has been approved by the City, herein after called the "Plan", which is attached hereto as Appendix A and made part hereof, as approved by the City, provides for management of stormwater within the confines of the Property through the use of stormwater management or Best Management Practices (BMPs) facilities; and WHEREAS, the City and the Landowner, its successors and assigns, agree that the health, safety, and welfare of the residents of City of Aspen, Colorado and the maintenance of water quality require that on - site stormwater management/BMP facilities be constructed and maintained on the Property; and WHEREAS, the City requires, through implementation of the Plan, that on -site stormwater management/BMPs as shown on the Plan be adequately constructed, operated, and maintained by the Landowner, its successors and assigns. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. Construction of BMP facility by Landowner. The on -site stormwater management/BMP facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan. 2. Duty of Operation and Maintenance of Facility. The Landowner, its successors and assigns, including any homeowners association, shall adequately operate, inspect, and maintain the stormwater management/BMP facilities as acceptable to the City and in accordance with the specific operation, IIIIII IIIII IIIII IIIIIIIIII IIIII IIIII IIII II I III I�IIIIIIIIIIIII IIII IIIII NII RECEPTIONM 654847, R: $28.00, D: $0.00 DOC CODE: AGREEMENT Pg 1 of 4, 03/27/2019 at 11:57:40 AM Janice K. Vos Caudill, Pitkin County, CO rice requirements noted in the Plan. Adequate operation and maintenance is herein detinea as good working condition so that these facilities are performing their design functions. 3. Duty of Documentation. The Landowner, its successors and assigns, shall document inspections, maintenance, and repairs performed and provide said documentation to the City or its representatives upon request. 4. Right of Entry on Property. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property at reasonable times and upon presentation of proper identification, and to inspect the stormwater management/BMP facilities whenever the City deems necessary. The purpose of inspection is to follow-up on suspected or reported deficiencies, to respond to citizen complaints, and/or to assure safe and proper functioning of the facilities. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive with timeline to commence with the repairs if necessary. 5. Failure to Maintain. In the event the Landowner, its successors and assigns, fails to operate and maintain the stormwater management/BMP facilities in good working condition acceptable to the City, the City, its authorized agents and employees, may enter upon the Property and take whatever action(s) deemed necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Landowner. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said stormwater management/BMP facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 6. Reimbursement by Landowner. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors or assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. 7. Duty to Inspect by City. The City, its employees or representatives, shall inspect the stormwater management/BMP facilities at a minimum of once every three years to ensure their continued and adequate functioning. 8. Release of City. The Landowner, its executors, administrators, assigns, and other successors in interests, shall release the City, its employees and designated representatives from all damages, accidents, casualties, occurrences, or claims which might arise or be asserted against said City, employees, and representatives from the construction, presence, existence, operative or maintenance of the stormwater management/BMP facilities by the Landowner or City. In the event that a claim is asserted against the City, its elected officials, City Officers or employees, the City shall promptly notify the Landowner and the Landowner shall defend, at its own expense, any suit based on the claim. If any judgment or claims against the City's employees or designated representatives shall be allowed, the Landowner shall pay all costs and expenses regarding said judgment or claim. 9. Recording of Agreement running with the Property. This Agreement shall be recorded in the real Property records of Pitkin County, Colorado, and shall constitute a covenant running with the Property or land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, in perpetuity. IN WITNESS WHEREOF the undersigned have hereunto affixed their signatures as of the date first above written. LA OWNER: THE CITY OF ASPEN: By: State of Colorado ) :ss County of Pitkin ) The foregoing Agreement was acknowledged before me this jr4ay of Ge ,,, �,� �, 201_:; by Public My Commission Expires: RICHARD J. MENDOZA NOTARY PUBLIC State of Colorado ) STATE OF COLORADO :ss My Goniniiawion Exglrsis WHIM 5 County of Pitkin ) The foregoing Agreement was acknowledged before me this Ap day of r/1,201 q by (Name), (Title), City of Aspen. r�, C—ary Public My Commission Expires: _ i/is�, CHRISTINE TENIS Notary Public State of Colorado Notary ID # 201 74038936 My Commission Ex Tres 09-18-2021 . � 31 GM VOOD SPRINGS, CO 81601 !] 103 W. TOMICHI AVE. STE. A, GUNNISON, CO 81230 2768 COMPASS DR., STE. 102, GRAND JUNCTION, CO 81506 LETTER OF TRANSMITTAL ❑ 101 FOUNDERS PLACE, UNIT 102, ASPEN, CO 81611 ❑ 320 THIRD ST., MEEKER, CO 81641 To: Olx'L e'k-------DATE:-----------��-�- -�/ ...................... 4!r_ ........................ATTN:.J-------------------- ..... _Lr. .L'ra. ._t�f -�- --i f. :}.�-- ----------------------- PROJECT_--=�-t--- --3--�-- `am a--------------- '� � J 1 • , ` ` "� ] f •PROJECT NO: F R1;---IJ�.r...�C.E .1.5..(rC�. L E:C:.J ,4.F�.L� .' .'[e .►? .t'li --i/- `-ti�----------------w ------ - WE ARE SENDING YOU: TACHED ❑ UNDER SEPARATE COVER VIA --------------------------- THE FOLLOWING ITEMS: UBMITTALS ❑ CONTRACT DOCUMENTS el5RAWINGS ❑ LEGAL DESCRIPTIONS ❑ SPECIFICATIONS ❑ COPY OF LETTER ❑------------------------------------------------------------------------------------------------------------ r ......S................... DATE: _-___..-.._......__....._.._ NODESCRIPTION: .........__._.._----.._..-----//// ...,.... ^--------------------- �1f ��1. .l....._......- _......_....._ ...........7.�r.��5'14`:�C.1._J_�C_fi r�./Y_'_yr-lc-=_i.lj A. !�.........................................'__..._.........`__._._.-......�_J_.�f�t".6'� ...�......................�-It_ ..---------------'__.... i��:�._a fr1 �S.......54��Jtlfti�rtila4.. �. i:.f.Y�_ = -wtiLLY!_:.i:_•_- ..........................................---..........-_.......----------^------------.-Ec....----------------------------------............_ ..1........... ------------ 1-.Z.I��.� '_......------------------ ............ --------------•-------------..-.-----------...-----....-------------------...-».».`�5.:_�L�n�c��j.:.._�Tef� i'HESE ARE TRANSMITTED AS CHECKED BELOW: [%•YF`OR APPROVAL ❑ APPROVED AS SUBMITTED ❑ FOR YOUR USE ❑ AS REQUESTED ❑ APPROVED AS NOTED ❑ RETURN FOR CORRECTION ❑ RESUBMIT ( ) COPIES FOR YOUR APPROVAL ❑ SUBMIT ( ) COPIES FOR DISTRIBUTION ❑ RETURN ( ) CORRECT PRINTS ❑ FOR REVIEW AND COMMENT ❑ FOR BIDS DUE: ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS-....... •------------------------------------------------^---------------_.....-----------........................................ --------------•------•-------................................................................. -----.................................... - ,... *Y TO: ------------------ --•----------------------------- -•--------- I ------- ---------- SIGNED:... - .. ...*-. ----• �� -- GLENWOOD SPRINGS 970.945.1004 970.945.5948 FAX ASPEN 970.925.6727 970.925.4157 FAX GUNNISON 970.641.5355 970.641.5358 FAX MEEKER 970.878.5180 970.878.4181 FAX GRAND JUNCTION 970.245.2571 970.245.2871 FAX