HomeMy WebLinkAboutAgreement & As Built_111 S Garmisch St_0035.2020.BCOMRECEPTION#: 704164, R: $68.00, D: $0.00
DOC CODE: AGREEMENT
Pg 1 of 12, 08/19/2024 at 11:14:13 AM
Ingrid K. Grueter, Pitkin County, CO
STORMWATER BEST MANAGEMENT PRACTICES
OPERATIONS AND MAINTENANCE AGREEMENT
City of Aspen. Colorado
THIS AGREEMENT, made and entered into this 11 With day of November , 20 23, by and between (insert
Full Name of Owner) Hay -Max Lodging LLC hereinafter called the
"Landowner", and the City of Aspen. Colorado, hereinafter called the "Cky".
W ITNESSETH
N HEREAS, the Landowner is the owner of certain real property described as (Pitkin County tar Map. Parccl
Identification Number) —Parcel ID # 2n5 imsm located at
11 I S Garmisch Street. Aspen. CO ! 1611 and as more fully as follows, to wit
also known as, Molly Gibson Laije Pk) _Lot I , hereinafter called the "Property and
WHEREAS, the Landowner is proceeding to build on and develop the property, and
WHEREAS, the stormwater management H%IP 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 imide part
hereof, as approved by the City, provides for management of stormwater within the confines of the PropertN through
the use of stormwater management or Best Management Practices (BMPs) facilities, and
WHEREAS. the City and the Landowner, its successors and &-signs, agree that the health, safety, and wcltiirc of
the residents of City of Aspen. Colorado and the maintenance of water quality require that on -site stormwatcr
managemcnt/131W facilities be constructed and maintained on the Property. and
WHEREAS, the City requires, through implementation of the Plan from the Landowners dated
11/28/2023 and attached hereto, that on -site stormwatcr managcmcnu13%1Ps 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 SNIP faciflty by Landowner The on -site storm%atcr managcmcnt,1110P facilities shall be
constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications
approved by the City and identified in the Plan
2. Duty of Operation and Maintenance of Facility. The landowner, is successors and assigns, including any
homeowners association, shall adequately operate, inspect, and maintain the stormwater managemcrivWkIP
facilities as acceptable to the City and in accordance with the specific operation, inspection, and maintenance
requirements noted in the Plan Adequate operation and maintenance is herein defined as good working condition
so that these facilities are performing their design functions
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3. Duty of Documentation. The I andowrer. its successors and assigns, shall document inspections, maintenance,
and repairs pedormcd and provide said documentation to the City or its representatives upon request
4. Right of Entry on Prol". The Landowner, its successors and assigns, hereby grant permission to the ( ity
its authon7ed 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 ( lty deems
necessan The purpose of inspection is to follow-up on suspected or reported deficiencies. to respond to citiien
complaints, and'or to assure safe and proper functioning of the facilities "f he City shall prov ide the I andowner.
its successors and assigns, copies of the inspection findings and a directive with timeline to commence with the
repairs if necessary
S. Failure to Maintain. In the event the Landowner, its successon and assigns. fails to constrict, operate and
maintain the stormwater managementRMP facilities in good working condition acceptable to the City. the
City, its authonred agents and employees, may enter upon the Property and take whatever actionis) deemed
necessary to correct deficiencies identified in the inspection report and 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.
construct, or 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 t 301 days of
receipt thereof for all actual costs incurred by the City hereunder
7. Doty to Inspect by City The City, its employees or representatives, shall inspect the stormwater
num4cment/BMP facilities at a minimum of once even,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 managemeni/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 Use C ity'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 %ith 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
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IN W ITNTSS WHEREOF the undersigned have hereunto affixed their signatures as of the date first ahove written
t.ANDOWNE
By: /� 1 Print Name Michael FI Bro%m Authonrcd R=scn(atrve
State of Colorado) :ss
County of Pidun ) The foregoing Agreement was ackno/%fledged before me this V—day of Nytmbe 20,�3
by
Notary Public
Commrssion Expires,YU EILEEN BRADLEY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY IDI 20204023620
THE CITti' OF ASPEN:
YY COWASSION EXPIRES DULY 8, 2024
By:
d--1
State of Colorado) :ss
Print Name. PJ Kvrfau
County of Pitkin )
The foregoing Agreement was acknowledged before me this day of A99US 20!
by pS MV(Qa
Adiwpulilic
My Commission Expires: 01 1 It 2-02.6
LORENA VARGAS
NOTARY PUBLIC
STATE OF COLORADO
Notary ID 20174029180
My Canrtmmon Expires July 12, 2026
RECEPTION#: 704164, 08/19/2024 at 11:14:13 AM, Pgs 4 of 12, Ingrid K. Grueter, Pitkin County, CO
PerMtfi At 0(33) -zoZO - KOM
Prepared by
Rick L Barth, PE 36749
15SGM
118 West Sixth Street, Suite 200
Glenwood Springs, CO 81601
970.945.1004
970.945.5948 fax
Digitally signed by Rick L Barth,
PE
DN C=US,
E=rickb@sgm-inc.com, O=SGM.
Rick L Barth, PE oU=SGM Civil Svcs. CN=°Rick L
Barth. PE"
Reason: I am the author of this
document
Date: 2023.11.29 13:19:27-07'00'
CITY OF ASPEN DRAINAGE MAINTENANCE GUIDELINES
MOLLY GIBSON LODGE RECONSTRUCTION
101 WEST MAIN STREET
ASPEN, COLORADO
SGM Project # 2019-436
Construction 2021-2023
COA Building Permit # 0035-2020-BCOM
1
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1.0 Project Information
1.1 Description of Existing Site and Proposed Project
1.1.1 Description of Existing Sites
The existing Molly Gibson Lodge site was a previous hotel site that was completely
demolished and reconstructed. The work triggered a major drainage permit and associated
design. In general, major drainage pattern is northwest to southeast, largely ending in the
Garmisch Avenue right of way. The large building footprint and limited site space warranted
tight controls, compact drainage structures or ground -work, and some connections to existing,
City infrastructure in the rights -of -way.
As part of the basic maintenance the drainage report indicated typical practices for the lawn
and landscape, as well as relevant references to the URMP Chapter 8 for maintenance and
BMPs. Those are more elaborated on herein. For the purposes of reference, the particular
maintenance recommendations from Chapter 8 for our stormwater infrastructure are
reproduced below.
1.1.2 Description of Overall Site Drainage
All drainage from roofs of the proposed structure are pipe collected and directed toward rain
gardens or the City infrastructure in the rights of way. Much of the exterior finished surfaces
are permeable topping and have City -standard soil layering per the COA URMP. In all, there
is very little storm flow that leaves the site that is not contained in a storm pipe or through a
BMP.
Starting on the north side, all site drainage gets collected into rain gardens and overflows to
the City inlet in Main Street. On the east, roof flow and areas near the footprint of the structure
are collected into rain gardens. Portions of the east side have permeable pavers and/or drain
to an improved inlet in the valley pan along the west side of Garmisch. The south side has
roof collectors to rain gardens and some surface flow in the alley -side parking that is through
permeable pavers with piped overflow routing around the west side to the Main Street inlet.
For the west, permeable pavers and a couple more small rain gardens in the northwest corner
were installed.
One alteration to some of the permeable paver design is that no liners were installed, only
filter fabric. It has been discovered that the liners tend to make long-term maintenance and,
in some cases, drainage problems by essentially "bath -tubbing" water too long. The liner was
deleted from the plan in late July/early August with City acknowledgement.
All elements were verified in the record drawing, site survey completed by SGM, and various
elements of data provided by the Contractor to our satisfaction. The selected methods fit the
commercial use -type of the site for appropriate BMP applications per Table 8.5 of the URMP.
2.0 Maintenance
2.1 Drainage Maintenance, Block Permeable Pavers
The following maintenance recommendations were found in the Water Quality Chapter of Aspen's
application of the Urban Drainage Manual (Tables 8.8 and 8.12) and will be used as a guide for the
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maintenance of the proposed facilities. Trash and debris should be removed from the element at
least twice a year. If rain gardens are no longer holding storm flows or are not draining in 24 hours,
immediate maintenance is required. When drainage overflows to areas not intended to detain or
convey flows immediate maintenance is required.
The following maintenance recommendations were found in the City of Aspen URMP for pavers.
Table 8.8 Maintenance Recommendations for Modular Block Pervious Pavement
Required Action
Maintenance Objective
Frequency of Action
and Action
Debris and litter
Accumulated material should be
Routine - As needed.
removal
removed as a source control
measure.
Sod maintenance
If sandy loam turf is used. provide
Routine - As dictated by inspection
lawn care. irrigation system, and
inlay depth maintenance as needed
Inspection
Inspect representative areas of
Routine and during a storm event to
surface filter sand or sandy loam turf
ensure that water is not bypassing these
for accumulation of sediment or poor
surfaces on frequent basis by not
infiltration.
infiltrating into the pavement.
Rehabilitating sand
To remove fine sediment from the
Routine - Sweep the surface annually
infill surface
top of the sand and restore its
and, if need be, replace lost sand infill to
infiltrating capacity.
bring its surface to be '. below the
adjacent blocks.
Replacement of
Remove. dispose, and replace
Non -routine - When it becomes evident
Surface Filter Layer
surface filter media by pulling out turf
that runoff does not rapidly infiltrate into
plugs or vacuuming out sand media
the surface. May be as often as every two
from the blocks. Replace with fresh
year or as little as every 5 to 10 years.
ASTM C-33 sand or sandy loam turf
plugs, as appropriate.
Replace modular
Restore the pavement surface.
Non -routine - When it becomes evident
block pavement
Remove and replace the modular
that the modular blocks have deteriorated
pavement blocks, the sand leveling
significantly. Expect replacement every 10
course under the blocks and the infill
to 15 years dependent on use and traffic.
media when the pavement Surface
shows significant deterioration.
2.2 BMP Application Guidelines, Rain Gardens
To further address the specific rain gardens, we refer to Section 8.5.3 with a focus on table 8.12 of
the URMP, Maintenance Recommendations for Bioretention. For consistency and ease of
maintenance techniques all the drainage BMPs are Bioretention, full infiltration rain gardens. The
typical practices for such BMPs from the URMP has been reproduced here. If the rain gardens fail
to detain water in the designated locations or are not draining in 24 hours after a storm event, they
have failed and the maintenance steps outlined below should be carried out immediately. As a
good practice, annual checks on the overflow pipes should be conducted with clean water to
observe if each rain garden overflow, or the pipe collector from the parking area along the alley, is
passing flow normally. The areas should be individually checked for that discharge route (the
connection to the inlet in Main Street).
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Maintenance
Sediment build-up may require periodic removal of sediments and plants when clogging reduces
infiltration capacity to unacceptable levels. Access to facility must be provided to enable
maintenance operations. Plant materials in areas prone to sediment build-up should be limited to
grasses and groundcovers tolerant of periodic wet -dry cycles.
Table 8.12 Maintenance Recommendations for Bioretention
Required Action
Maintenance Objectives
Frequency
Inspections
Inspect detention area to determine if
Routine — Annual inspection of
the sandy growth media is allowing
hydraulic performance.
acceptable infiltration.
Lawn mowing and vegetative care
Occasional mowing of grasses and
Routine — Depending on aesthetic
weed removal to limit unwanted
requirements.
vegetation. Maintain irrigated turf
grass as 2 to 4 inches tall and non -
irrigated native turf grasses at 4 to
6 inches.
Debris and litter removal
Remove debris and litter from
Routine — Depending on aesthetic
detention area to minimize clogging
requirements.
of the sand media.
Landscaping removal and
The sandy loam turf and landscaping
Every 5 to 15 years, depending on
replacement
layer will clog with time as materials
infiltration rates needed to drain the
accumulate on it. This layer will need
WQCV in 12-hours or less. May
to be removed and replaced to
need to do it more frequently if
rehabilitate infiltration rates, along
exfiltration rates are too low to
with all turf and other vegetation
achieve this goal.
growing on the surface.
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RECEPTION#: 704164, 08/19/2024 at 11:14:13 AM, Pgs 10 of 12, Ingrid K. Grueter, Pitkin County, CO
SSGM
www.sgm-inc.com
TO: Hailey Guglielmo, City Engineer, Aspen, CO
FROM: Rick L Barth, PE, SGM Civil Services �J
DATE: November 29, 2023
RE: 101 West Main Street, a.k.a. Molly Gibson Lodge Drainage Affirmation
SGM collected and published an as -built site survey to affirm the site and drainage layout in
November of 2023 and is attached to this memo along with the design drainage sheet from
2021. As can be read the as -built conditions show the drainage was installed very accurately
to the design intent for inlets, pipe works and areas of infiltrative surface types.
One alteration, made and approved in July 2023, was the removal of the liner for portions of the
pervious pavers. It has become evident in recent months the liners often cause problems and
the primary concern was the immediate sub -surface soils becoming too saturated and never
drying out. The permeable surfaces remain to accept flow as calculated, and where applicable
the "drain out" pipe is installed, but there is no liner on this project. As a pervious paver area
now, we still account for the void space in the #57 rock. Presuming a 33% void space we get
several hundred CF of available volume under the pavers which is more than sufficient, yet still
with overflow pipes and infiltration capabilities.
SGM affirms the installation of the drainage elements should suffice to satisfy the drainage
intent and calculations provided in permit some 2-years ago. There is no significant change to
report. In all cases, the designated stormwater element (rain garden, paver, etc.) met or
exceeded the design volume required and was in an appropriate location.
Attachments:
Permit Drainage Report
Permit Set Drainage drawing
Memo of August deletion of RG liner ("Common" or Basin #6)
Permit Set Detail sheet showing edits to liner
SGM As -built survey
Re -Calculated WQCV calculations with Perm Paver (liner removed)
Totals Tabulation of Volumes and Credits with Perm Paver
Draft Drainage Certificate Document for Applicant
GL&W@0Qe FRiRt 4Vbr MJjd)6LWaiprSixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004
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