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HomeMy WebLinkAboutFile Documents.993 Moore Dr.0192.2019 (23).ARBKSTORMWATER BEST MANAGEMENT PRACTICES OPERATIONS AND MAINTENANCE AGREEMENT City of Aspen, Colorado THIS AGREEMENT, made and cn[crod into this lS lac of Nfgrc e.N _, 20 Zl, by aid between (terser Pull NamcofOnner)CHRCSYo PBEA M. 14AkLadp _ heroinaftercolled the "Landowner", and the City of Aspen, Colorado, hereinafter called the "City". WITNESSETH WHEREAS, the Landowneris the owner of certain real property dose filood as (Pilkin County tax Map/Parcol Identification Ntmnber) 193611111101 located at ot9_�_ _ M_o_0_ Ra 921vE mid as more filly as follow, to wit also Inhown as, _Go7e� _ ! _ 8We4 G FAMILY wQ, hereinafter called the "Property` and WHEREAS, the Landowner is proceeding to build on and develop the property; and WHEREAS, the stomroater munagennou BMP Operations mid 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 pan hereof, as approved by the City, provides for management of slo rwater within the confines of the Property through the use of stonnomor management or Best Ivlanageaent Practices (BMPs) facilities: and WHEREAS, the City mid the Landowner, its successors and assigns, agree that the health, safety, and welfare of the residents of City of Aspen, Colorado and the maintenance ofwater quality require that on -site stonmwater mamagcment/RbIP facilities be constructed mid maintained on the Property: and WHEREAS, the City requires, through implcmcmalion of the Plan from the Landowners dated d/9 ZoZ1 mid attached hereto. that on -site stormwaternumagement/BMPsas shown on die Plan be addequatel% contracted, operated, and maintainers by the Landmynee its successors and assigns. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and die following leans mid conditions, the parties hereto agree as follows: L Construction of BMP facility by Landowner. The on -site stortaw'ator management/BMP facilities shall be constructed by the Landowner, its successors and assigns, in accordance with die plans and specifications approved by the City and identified in the Plan. 2. Ditty of Operation and Maintenance of Facility. The l„mdovvacr, its sucecssors and assigns, including any homeowners association, shalt adegnalelyoperate, inspect, and maintain the stornmater management/BMP facilities as acceptable to the City and in accordance with the specific operation, inspection, mid maintenance iequirenhentsnotedinthe Plan. Adequate operationaul maintenance is herein defined as Send working condition so that these facilities are performing their design functions, 3. Duty of Documentation. The Landowner, its successors and assigns, shall docurnent inspections,maintenance, and repairsperformed and provide said documentation to the City or its representalivcs upon request. J. 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 tines and upon presentation of proper identification, and to inspect the stommvater nimnagcmeni/BMPfacilities whenever the City deems neecssaq•. The purpose of inspection is to follow-up on suspectedor reported deficiencies, to respond to citizen complaints.and)orto assure safe and proper functioning orthe facilities. The City shall provide the Landoumc its successors and assigns, copies of die inspection findings and a directive with timeline to commence with the repairs if necessmN. S. Failure to Maintain. In the event the Landowner, its successors and assigns, fails to construct, operate mid maintain the stonmwater managennent/BM? facilities in good working condition acceptable to She City, the Or"v, its authorized agents and employees, may enter upon the Propery and take whnteweraction(s) deemed accessary to correct deficiencies identified in the inspection report chid to charge the costs of such construction or repairs to the Landowner. It is expressly understood and agreed that the City is under no obligation to install, constrict, or routinely maintain or repairsaid stommyater managennenNBbIP facilities, and in no otnt shall this Agreement be constmed 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 performuancc of said work for labor, use of equipment. supplies. materials, and the like, the Landowner. its successor or assigns, shall reimburse the City upon demmid, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. 7. Duly to Inspect by City. The City, its employees or roprescntativcs, shall inspect the stonnwater managenmentIBb1P facilities at a minimum of once every three years to ensure their continued and adequate fimctiouing. B,Releaseof City. The Landowner, its executors, adminisimtors.assigns, mid other successors in interests, shall release the City. its employees and designated repcsentalivcs from all damages, accidents, casualties. occurreneos, or claims which might arise or be asserted against said City. cmploy cos, and representatives from the construction, presence, existence, operative or maintenance of the stormwater mmiagcmcni/BMP facilities by the Landowner or City. In the cwemt that a claim is asserted against the City, its elected officials, City Offncersoremployees, the City shall promptly notify the Landowaerand the Landmvnershall defend, at its own oxpomc, any suit based on the claim. If anyjudgment or claims against the City s employees or designated representatives shall he alloyed, the Landowner shall pay all costs and expenses regarding saidjudgment or claim. 9. Recording of Agreement running with the Properly. Tliis Agreement shall be recorded in the coal properh records of Pitkin Countv, Colorado, and shall constitute a covenant running with the Property or land, mid shall be binding on the Lmrdovacr, its administrators, executors, assigns, heirsand any other successors in Iwerests, in perpetuity. IN WITNESS WHEREOF the undersigned have herounto affixed their signatures u of the date first above written. LANDOWNER: ujBv: ^^ ....— Print Vatite: �'M4S 2O PKtR_.�6rMSD State of Colorado) :ss County of Pitkin ) The foregoing Agreunent teas aelawwledge(l befom me this day of MA M q . 20-U. / ota , abbe/ My Commission Expires: --?l_ V / 2 THE CITY OF ASPEN: Print Name: State of Colorado) :ss County of Pitkin ) SABRA WIETHOFF NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201.4019053 MY O MMISSION EXPIRES 0510812022 The foregoing Ago:ement was aeknowlodged before me this _day of , 20,