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HomeMy WebLinkAboutAgreement_334 McSkimming Rd_0073.2020 (3).BRESRECEPTIONM 703309, R: $28.00, D: $0.00 DOC CODE: AGREEMENT Pg 1 of 4, 07/05/2024 at 09:35:25 AM Ingrid K. Grueter, Pitkin County, CO STORMWATER BEST MANAGEMENT PRACTICES OPERATIONS AND MAINTENANCE AGREEMENT Permit Number: Engineering Approval Date (for official use): THIS AGREEMENT, made and entered into this 9 NAday of M/.9"14 , 20A6� by and between (Insert Full Name of Owner) /Y &g&o*r 14IMPAX- so -Al hereinafter called the "Landowner", and the City of Aspen, Colorado, hereinafter called the "City". WITNESSETH WHEREAS, the Landowner is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado Salesforce Master Permit Number: age, Parcel Identification Number: Legal Description (Subdivision, Block, Lot): A-6PW Et2OVE �8A.Qc.k & A oT it Street Address: ca A-0 Common Name: !•k,r�w„�+w+ P—t�►��°wcE. 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 from the Landowners dated and attached hereto, 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: v. 2023 RECEPTION#: 703309, 07/05/2024 at 09:35:25 AM, Pgs 2 of 4, Ingrid K. Grueter, Pitkin County, CO 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 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 management/BMP 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. 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 construct, 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 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 (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, may 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. v. 2023 RECEPTION#: 703309, 07/05/2024 at 09:35:25 AM, Pgs 3 of 4, Ingrid K. Grueter, Pitkin County, CO IN WITNESS WHEREOF, the undersigned have hereunto affixed their signatures as of the date first above written. (La VP ner signature must be noti'rized) KSEN AYI A MAMLIN THE FOLLOWING SECTION MUST BE COMPLETED BYA NOTARY PUBLIC., NOTARY PUBLIC STATE OF COLORADO ) STATE OF COLORADO ) ss, NOTARY ID 201040ON78 County off+tkia MY COMMISSION .EXPIRES 03/30/2027 K*Yk, The foregoing instrument was acknowledged before me this Day of rnQ rak , 20 2Y_, By (print Landowner Name) M A R&OT NA M PLU m A /v WITNESS MY HAND AND OFFICIAL SEAL. Notary commission expires: -3/30/OW % _ q98 ket �., (Qate) I� � �'�<OZ/ (Notary Pub (Address) _K • WTJc •. _.. =10 RIM It Vlalfli tKIIN THE FOLLOW/ G SECTION MUST BE COMPLETED BY A NOTARY PUBLIC: STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this DATE: 67/ 27 / Z CIr LORENA VARGAS NOTARY PUBUC STATE OF COLORADO Notary ID 20174029180 My Camitasim Fires July 12, 2026 2--1 Day of .1U�rL , 202�, by TnCia- UY1 (Print Nam WITNESS MY WAND AND OFFICIAL SEAL. i Notary commission expires: J t,L1 l2 �210 It-., r. < ( tc ,. .,. , .. (Notary ) (Address) v. 2023 RECEPTION#: 703309, 07/05/2024 at 09:35:25 AM, Pgs 4 of 4, Ingrid K. Grueter, Pitkin County, CO Stormwater Operations and Maintenance Plan Hampleman Residence 334 McSkimming Road Aspen, CO 81611 Operation and Maintenance: The proposed drainage facilities are to be constructed in conformance with the City of Aspen Urban Runoff Management Plan, dated April 2010 and revised thereafter. The bio-retention ponds will need to be inspected and maintained quarterly to verify clogging has not occurred and it is functioning properly. Debris and liter removal shall occur routinely. Clean outs can be used to inspect pipes by cameras to determine the location of clogging or collapsed pipe. If clogging or standing water is observed, thoroughly run a sewer snake through the pipe to unclog. Should clogging or standing water remain, the growing media mix layer shall be removed and new growing media mix added. Solid pipes may be jetted clear if clogged. The owner of the property will be responsible for the maintenance and upkeep of the drainage facilities. The property owner shall dispose of sediment and any other waste material removed from a reservoir at suitable disposal sites and in compliance with local, state, and federal waste regulations. This project includes "Low Impact Site Design" to mimic the natural pre -development hydraulic pattern. Storm water runoff is to be in contact with soils and plants prior to reaching the City of Aspen curb and gutter system. The plants and soil are to act as filters to remove pollutants. The proposed plants and soils are present along the lengths of proposed graded swales and within the proposed bioretention ponds.