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HomeMy WebLinkAboutFile Documents.905 Chatfield Rd.0111.2018 (62).ARBKSTORMWATER BEST MANAGEMENT PRACTICES OPERATIONS AND MAINTENANCE AGREEMENT City of Aspen, Colorado THISAGREEMENT meQQe and maxeiintotgems , 2q1, by and between(Insert Full NarmofOwner WA 0 a hereinathu.idledthe "Landowner",and the City of Aspen, Colo. o, hereinafter called the "City". WFI'NESSETH WHEREAS, the landowner is the owner ofcermin real property describedas (Pithln County tax MapTarcel Identification Number) located at and as more fully sit follows, to wit: alsolmowv as, —1�S �i�:^f�-'rl "l.6erei Rer called the "Property";and WHEREAS, the Candowneris proceeding to build on and develop the property; and WHEREAS, the stonnwater managerm ntBMP Operations and Maintenance Plan for the property identified herein has beenapproved by the City, herein aftercalled the'Tlan", which is attached hereto as Appendix A and madepart hereof, is approved by the City, provides formanagament of stormweterwithin the confines of the Property through the use ofsmrmwatwmanagement or Best ManagementPmefices (BMPs) facilities; and WHEREAS, die City and the Landowner, its successors and assign, agree that the health, safety, and welfareof the residents of City of Aspen, Colorado and the maintenance ofwaterquality require that on -site stoneweter managemenUBMP facilities be constructed and maintained on the Property; and WHEREAS, the City requires, through implementation of the Plan from the Landowners dated and attached hereto, that en -site stmmwatermanagementIEWshis shown on the Plus 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 ofBMP facility by Landowner. The on -site smmnvatercomagement/BMP facilities shall be constructed by.the Landowner, its successors and assigns, in accordance with the plans and sgecifications approved by the City and 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 managemenUBMP facilities as acceptable to the City and in accordance with the specific operation, inspection, and maintenance requirementsnotedinthePlan. Adequate opeiationand maintenance is herein definitive good worldrsgcondition so that these facilities are performing their design functions. 3. Duty of Documentation. The Landowner,itssuccessorsmdassigm.shalidmumentinspmtions,maintenance, and tannin performed and provide said documentation to the City in its representatives upon request. 4. Righted 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 (Imes and upon presentation of proper identification, and to inspect the stomwnder manageream/BMP facilities whenever the City deems necessary. The purpose ofiespection is to fellow -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, IN successors and assigns, copies ofthe inspection findings and a directivewith timeline to ommencewith the .pairs ifnecessary. 5.1iaitureto Maintain In the event the Landowner, its successors and assigns, fails to construct, opemteand maintain the stormwater management/BMP facilities in good working condition accepmble to the City, the City, its authorized agents and employees, mayote upon The Property and take whateveraction(s) deemed necessary to correct deficiencies identified in the inspection report and to charge the costs ofsuch construction or repairs to the Landowner. It is expressly understood and agreed that he City is under no obligation to install, construct, or routinely maintain or repair aid storm eater manngementBMP facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. or expends any funds in perfminamesofsaid work for labor, use afequipment, supplies, materials, and the like, the Landowner, its successors or assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereoffor all actual costs incurred by the Cityhereuoder. 7. Duty to Inspect by City. The City, its employees or representatives, shall inspect the stormwater maaagementBMP facilities at a minimum ofonce every three years to ensure their continued and adequate functioning. g.Releeseofuty. The Underwriter, its executors, administrators,assigns, and other successors in interests, shall release the City, Its employees and designaledrepresentativesfmm all damages, accidents, casualties, cocurtences, or claims which night mice or be asserted against said City, employees, and representatives from the construction, presence, existence, opmxtive or maintenance of the stormwatermanagememBMPfacilities by the Landowneror City. In the event theta claim is essential against the City, its elected officials, City Officersaremployees, the City shallpromptlynotifytheLandownerandthe Landownersha idefend,at its own expense, any suit based on the claim. ffanyjudgmentorchims agaimuthe City's employes ordesignated representatives shall be allowed, the Landownersball pay all mats and expenses regarding saidjudgment or claim. 9.1tmording of Agreement running with the Property. This Agmementshall be receded in the real property records oflikkin County, Colomdo,and shall constionea overrun running with the Property oriand, itshall bebini ingon the Landowner, its administrators, umutors, assigns, heirs and any other successors in interests, in perpetuity. IN WffNESS WHEREOF the undersigned have hereunto affixed their signatures as ofthe date first above written. LAND IS By; Print Name: State ofColomdo):ss County of Pitkln ) j-1}1� The foregoing Agreement was ackknnowm ledgedbafome this�_dayuf �' w 204 by IA I IJ 11 14 It otaryPubl My Commission Expires: a MARTHA O'KEEFE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054014478 THE CITY OF ASPEN: MY COMMISSION EXPIRES JANUARY 7. 2022 State of Colorado ) :as Coaotyofpitldn) The foregoing Agreement was acknowledged before methis_dayaf 20^ NolaryPrrblic My Commission Expires: