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HomeMy WebLinkAboutAgreement & As Built_209 E Bleeker St_0007.2018.ARBKIllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll RECEPTION#: 700472, R: $43.00, D: $0.00 DOC CODE: AGREEMENT Pg 1 of 7, 02/12/2024 at 03:24:31 PM 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 day of January 2024 , by and between (Insert Full Name of Owner) Navid Mahmoodzadegan hereinafter called the "Landowner", and the City of Aspen, Colorado, hereinafter called the "City". W ITNESSETH WHEREAS, the Landowner is the owner of certain real property described as (Pitkin County tax Map/Parcel Identification Number) 273707320002 located at 200 C= I :!; e:<crr Street. &Tien CQ 81611 _ and as more fully as follows, to wit: also known as, , 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 from the Landowners dated 12/1 %'s107-3 and attached hereto, that on -site stormwater managementBMPs 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 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 managementBMP 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 managementBMP 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 stonnwater managementBMP 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 managementBMP 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 managementBMP 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 al I 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. LANDOWNER: Rv: Print Name: Navid Mahmoodzadegan State of Colorado ) :ss County of Pitkin ) The foregoing Agreement was acknowledged before me this ° :�� day of 20; by t90-V\2C,14 My Commission Expires: I � () 1 d �-1 THE CITY OF ASPEN: 5'�'�LLL�I.� Notary Public By: l�" 444,4Print Name:ii State of Colorado ) :ss 1 County ofPitkin ) The foregoing Agreement was acknowledged before me this IZday afT- br Lka n4, 202-� by T r t � h &.24.an My Commission Expires: Ju ILA j2, 2-02(a of y Public rVc�adyylpoll Vrg 1 txl my 12, . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On 6l 0c4LI q ► � before me, rL, -t 4 Date Here Insert Name and Tie of the O r personally appeared U{ Cl_ I' LJL� , UAL Lt t c {- `v Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(' whose name(44 is/are subscribed to the within instrument and acknowledged to me that he/ahm'thLy executed the same in his/her>'ttT>s1r authorized capacity(ios), and that by his/her/their signature(s) on the instrument the person(*, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS d and official seal. N OEBRAA. GONZALEZ % ) • 4 Notary Public CaiFfornia :s - LgSARge[eSCouniy Commission # 2472736 Signat' re My Comm. Expires Dec 17. 2027 __ "nature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional; completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ; Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _1 Corporate Officer — Title(s): ❑ Partner — --]Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator El Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 P.O. Box 3901 YARNELL CONSULTING & 229 Midland Ave. Eagle, Colorado 81631 Basalt, Colorado 81621 CIVIL DESIGN, LLC (970) 323-7008 ■ 1/15/2024 Subject: 209 East Bleeker Street Stormwater Best Management Practices Maintenance Plan In general, the drainage design for this property employs vegetated swales, inlets, and below -grade piping to convey runoff generated on the site to one of two locations on the site. First, the hardscape along the rear of the home is tributary to a gutter that conveys drainage west to an area of cobble riprap near the west property corner. In this location, water is infiltrated through the cobble into the on -site soils. The remainder of the site is tributary to a gravel bed within the recessed area in the northeast quadrant of the site. Again, water is infiltrated through the gravel and into the soils beneath. Maintenance associated with the storm water infrastructure of the project generally requires that built-up sediment be removed from the vegetated swales, inlets, and piping to ensure they maintain capacity and conveyance capability. If any portion of the swales remain wet and squishy, it may indicate the need to re -grade the swale. The two (2) areas of rock slated to receive and infiltrate drainage shall be inspected to ensure water continues to flow freely into them. In the front yard, lamb's tongues release water through the sheet steel site wall and onto the rock. At the southwest corner of the property, water flows from the curb & gutter onto the riprap pad. There are no clean -outs or other structures required to access the gravel bed. At a minimum, these areas should be inspected annually. Periodic removal of sediments and pollutants may be necessary when clogging reduces infiltration capacity to a point where the area does not completely dry out after 72 hours without precipitation. All maintenance shall be done by the owner or his property manager. The city's engineering department will also inspect the stormwater infrastructure on a regular basis to ensure it is being maintained. For more information, refer to Table 2 below which is Table 8.12 within the city of Aspen's Urban Runoff Management Plan. 209 East Bleeker Street Page 1 of 2 P.O. Box 3901 YARNELL CONSULTING & Eagle, Colorado 81631 CIVIL DESIGN, LLC 701 323-7008 • 1/15/2024 Table 1: Maintenance Recommendations fin- Gravel Beds 229 Midland Ave. Basalt, Colorado 81621 Re uired Action Maintenance Objectives Frequency Inspections Inspect gravel bed areas to Routine - Annual inspection of determine if voids are hydraulic performance. allowing acceptable infiltration. Vegetative care Occasional weed removal to Routine - Depending on limit vegetation. Maintain aesthetic requirements. surfaces of rock that are free of any vegetation or soil that would inhibit water movement down into the rock. Debris and litter removal Remove debris and litter from Routine - Depending on detention area to minimize aesthetic requirements. clogging of the sand media. Rock removal and The voids in the rock will Every 5 to 15 years, depending replacement begin to clog with time as on the infiltration rates sediment and other materials needed to drain the WQCV in accumulate in them. This layer 12 hours or less. May need to will need to be removed and do it more frequently if replaced to rehabilitate exfiltration rates are too low infiltration rates. to achieve this goal. 209 East Bleeker Street Page 2 of 2 E O 0 m > > > z C) 4 cicn p ? > 0 0 r- 0 00 rrl 0 ro coo