HomeMy WebLinkAboutAgreement & As Built_320 N 7th St_0111.2021.BRESRECEPTION#: 704167, R: $73.00, D: $0.00
DOC CODE: AGREEMENT
Pg 1 of 13, 08/19/2024 at 11:14:16 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 !L day of De(4wl , 20 Z3, by and between (insert
Full Name of Owner) hereinafter called the
"Landowner", and the City of Aspen, Colorado, hereinafter called the "City".
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property described as (Pitkin County tax Map/Parcel
Identification Number) 2-7 35 1247 $001 uti,+ Z located at
_�20 tJ Co 'I l4 1,1 and as more fully as follows, to wit:
3Zo N 74-k s}. Aspci co w��4-2
also known as, FfAhc iS S�. , 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
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:
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 managemenuBMP
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 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 managementiBMP facilities whenever the City deems
necessary. Tile 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 rnanagement/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, shall inspect the stormwater
managementiBMP 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 thereat 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 WITNESS WHEREOF the undersigned have hereunto affixed their signatures as of the date first above written.
LANDOWNER:
By:
State of Colorado ) :ss
County of Pitkin )
Print Name: f-:)Uunn" M� C i d-e
The foregoing Agreement was acknowledged before me this aday of 7-, 20.0
by_Su�h����
N;061161ic
My Commission Expires
DOSE ASE14CION CHAVARIN
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20Z14036687
My COMMISSION EXPIRES SEP 15, 2025
THE CITY OF ASPEN:
By: Print Name: Pst Murfau
State of Colorado ) :ss
County of Pitkin )
The foregoing Agreement was acknowledged before me this I day of A vyy.S+ , 20 9
by PS M,Uffwu
No Public
My Commission Expires: 01 l l 2 �
LORENA VAROAS
NOTARY PUBLIC
STATE OF COLORADO
Notary ID 20174029180
tih' C WrAsiOn EXOM July 12, 2026
RECEPTION#: 704167, 08/19/2024 at 11:14:16 AM, Pgs 4 of 13, Ingrid K. Grueter, Pitkin County, CO
320 North 71 Street, Aspen, CO Stormwater Operations & Maintenance Plan
Stormwater Operations & Maintenance Plan
for
320 North Th Street
Aspen, Colorado
Prepared by:
Sopris Engineering, LLC
502 Main Street Suite A3
Carbondale, Colorado 81623
SE Project Number: 31016.01
RECEPTION#: 704167, 08/19/2024 at 11:14:16 AM, Pgs 5 of 13, Ingrid K. Grueter, Pitkin County, CO
320 North 711 Street, Aspen, CO Stormwater Operations & Maintenance Plan
Table of Contents
A. Compliance with Stormwater Best Management Requirements.................................................................2
B. Stormwater Infrastructure Operations.........................................................................................................2
C. Stormwater Maintenance & Inspection Recommendations.........................................................................4
D. Recommended Field Inspection Equipment................................................................................................6
E. Attachments................................................................................................................................................6
F. Contact........................................................................................................................................................6
RECEPTION#: 704167, 08/19/2024 at 11:14:16 AM, Pgs 6 of 13, Ingrid K. Grueter, Pitkin County, CO
320 North 711 Street, Aspen, CO Stormwater Operations & Maintenance Plan
A. Compliance with Stormwater Best Management Requirements
It is the property owner's responsibility to inspect and maintain the stormwater infrastructure installed
on the subject property as described within the City's Urban Runoff Management Plan and attached
Stormwater Maintenance Agreement. Therefore, it is important that the property owner or assigned
property manager understands the overall operations of the stormwater mitigation system as well as
how to inspect and maintain this infrastructure. This document outlines the overall operational
aspects of the stormwater mitigation improvements as well as the maintenance associated with the
various components of the system. A copy of the Grading and Drainage Certificate is included as
Exhibit A which illustrates the overall stormwater mitigation improvements installed at the property.
B. Stormwater Infrastructure Operations
The subject property is located at 320 N. 7th Street within the City of Aspen. The existing single
family residence is considered Unit #2 of the Francis Street Subdivision. Unit #1 lies immediately
to the north and shares common elements on the property. 7th Street bounds the property to the
west with Alley Block 16 to the south and 729 W. Francis Street to the east. The subject property
falls within the upper reaches of System 3 as described within the Surface Drainage Master Plan
(SDMP) for the City of Aspen, dated November 2001 prepared by WRC Engineering, Inc. An
existing City of Aspen storm drain system is located within 7th Street with an existing inlet located
at the intersection of 7th Street and Alley Block 16.
The onsite drain system serving the subject property can be broken into two systems as further
described below and as illustrated on Figure 1. It is important that the individual(s) responsible for
maintaining the drainage system becomes familiar with the attached plans and site drainage
infrastructure.
Storm System #1: is a buried stormwater collection main primarily located along the south of Unit
#1. The system originates in a 6" area inlet within the southern gravel patio area. Storm System
#1 continues on the south side of Unit #1 and terminates at an existing storm inlet on the east
side of N 71h Street. Storm sewer #1 conveys collected runoff from rain gardens RG #1 and RG #3
(described further below) to the right of way inlet. It should be noted that the garage drain is also
connected to this storm drain line and therefore it is critical that chemicals, paints or any other
illicit liquids are not poured into the floor drain.
Storm System #2: is a buried stormwater collection main primarily located along the north side of
Unit #1. The system originates in a 6" overflow inlet within RG #3. Storm System #2 continues on
the west side of Unit #1 and connects to Storm System #1 below the front yard. The trench drain
located within the west entrance patio area is also connected to this storm drain line.
Water quality treatment for the property includes the integration of several rain gardens (RG). Rain
gardens are landscape areas designed to capture and filter or infiltrate the water quality capture
volume through a specific grow media. The grow media consists of an 18-inch layer of well mixed
sand and soil (70% sand & 300% combination of topsoil and large organic matter by volume with less
than 5% of the mixed media passing the 200 sieve). This mixture ensures adequate percolation of
captured runoff while providing nutrients to plants if planting within the area is desired. There are
three individual rain gardens within the property and are described in further detail below:
SOPRIS ENGINEERING LLC
-reet. Suite A3, Carbondale. CO 81623 970-704-uj i I
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RECEPTION#: 704167, 08/19/2024 at 11:14:16 AM, Pgs 7 of 13, Ingrid K. Grueter, Pitkin County, CO
320 North 711 Street, Aspen, CO Stormwater Operations & Maintenance Plan
Rain Garden #1: is located along the west side of garage addition, Figure 1. It provides water quality
treatment for the improved rooftop deck, the proposed addition as well as the southern portion of the
existing gabled roof. Surface runoff is routed to the RG through gutters and internal routing of the various
roof drains. RG #1 has an impermeable liner with a perforated underdrain system. The underdrain
connects directly to an overflow inlet basin within the treatment bed.
Figure 1: Rain Garden #1
Rain Garden RG #2: is located within the existing landscape area between the subject residence and
the existing residence to the north (Unit #2), Figure 2. RG #2 provides treatment for the north half of the
existing gabled roof associated with the subject residence as well as runoff from the southern portion of the
gabled roof associated with 733 W Francis. RG #2 also has an impermeable and perforated underdrain
system. The underdrain connects directly to the overflow inlet basin within the treatment bed.
Figure 2: Rain Garden 82
-'X�
SOPRIS ENGINEERING LLC
treet, Suite A3._Carbondale. CO 81623 970-704-0311
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RECEPTION#: 704167, 08/19/2024 at 11:14:16 AM, Pgs 8 of 13, Ingrid K. Grueter, Pitkin County, CO
320 North 711 Street, Aspen, CO Stormwater Operations & Maintenance Plan
Rain Garden RG #3: This rain garden is located southeast of the garage addition and accepts runoff
from the adjacent concrete access walk, the canopy roof attached to the east side of the garage as well as
some surrounding landscape areas, Figure 3. RG #3 is delineated with a metal edger around the
perimeter. An overflow inlet is provided to convey runoff that exceeds the available water quality treatment
volume.
Figure 3: Rain Garden #3
C. Stormwater Maintenance & Inspection Recommendations
Owners, or their assigned property managers, are required to maintain all stormwater management
facilities outlined within this plan. It is important that the individual(s) responsible for the maintenance
have a complete understanding of the entire drainage system as well the associated maintenance
and inspection requirements. A copy of the Grading and Drainage Certificate is provided as
attachments for referencing purposes. In addition, blank inspection logs are provided and should be
filled out and filed onsite whenever routine inspections are performed.
Inspection recommendations for the various stormwater improvements outlined above are provided
below.
Storm sewers and Inlets: Inspections of storm sewer piping and inlets should be performed by a
person who is familiar with the operation and configuration of the system and should include the
following.
✓ Inspection of inlets and grates should occur when routine maintenance of landscaping is
performed or at a minimum every spring melt, early and late fall and after any significant
rainfall event. Any debris on, within or around the grated inlets should be removed.
Vegetation around landscape inlets should be trimmed and or cut from the perimeter of the
grate. Remove any weeds or invasive root material around all inlets. The riser pipe should
SOPRIS ENGINEERING LLC
A:3 .,arh,
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RECEPTION#: 704167, 08/19/2024 at 11:14:16 AM, Pgs 9 of 13, Ingrid K. Grueter, Pitkin County, CO
320 North 7' Street, Aspen, CO Stormwater Operations & Maintenance Plan
also be inspected by removing the grate and removing any obstructions within the pipe and
then securely replace the grate.
✓ Inspect trench drains by removing the grate and removing any sediment within the drain
channel. The riser pipe should also be inspected during this time.
✓ Routine cleaning of roof drains will be required given the surrounding mature trees. This
should occur on a monthly basis until familiarity of the system is acquired and less frequent
inspections are determined to be acceptable. The roof drain cleanouts should also be
inspected during this time.
✓ If strong odors are encountered near the inlet grates and/or if standing water is observed
within the riser pipes at the inlets then visual inspection through the use of a pipe camera
and/or jetting of the drain line may be required to clear out any obstructions and to further
analyze the system. Any obstructions encountered within the pipe should be removed by high
pressure jetting. The drain system has been designed to provide access to the buried pipes
at numerous locations.
Rain Gardens (RG): Rain Gardens promote water quality treatment through percolation and
infiltration through the surface grow media. The grow media within the BRCs consists of an 18-inch
layer of well mixed sand and soil (70% sand & 30% combination of topsoil and large organic matter
by volume with less than 5% of the mixed media passing the 200 sieve). This mixture ensures
adequate percolation of captured runoff while providing nutrients to plants if planting within the area is
desired.
Regular inspection and maintenance is critical to the effective operation of the rain gardens to ensure
they remain clear of debris and leaves and continue to be free draining. Maintenance of the basins
can typically be performed as part of the standard landscaping operations and the landscaper should
be familiar with the required soil matrix as described above as well as what types of ground coverings
will be successful within the facility.
Below is guidance on maintenance activities that are typically required for bioretention cell basins
along with the suggested frequency for each activity.
✓ Removal of weeds and unwanted vegetation should occur quarterly for the first year and then
biannually or whenever landscaping maintenance is being performed within the area.
✓ Remove debris and litter from the basin area to minimize clogging of filter grow media. This
should be performed on an as needed basis and can be done in conjunction with overall site
maintenance of the property.
✓ During extended periods without rainfall, inspect the plants for signs of distress and water as
needed if required.
✓ Check for dead or dying plants and general long term plant health. If encountered care should
be taken in removing the dead or decaying plant material.
✓ Inspect overflow inlet grate, if applicable, to ensure it is clear of debris, sediment and
vegetation.
✓ A record should be kept of the time to drain the system completely after a storm event. The
system should drain completely within 12 hours. If filter bed is clogged, draining poorly or
standing water is observed after 24 hours then:
✓ The underdrain pipe should be inspected to determine whether or not the underdrain
pipe has been clogged. This can be done by snaking and or flushing the underdrain
pipe. This may require a professional company that has the proper equipment to
Sr)PRIS ENr;INEER1Nr; ! 1 r
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RECEPTION#: 704167, 08/19/2024 at 11:14:16 AM, Pgs 10 of 13, Ingrid K. Grueter, Pitkin County, CO
320 North 7^ Street, Aspen, CO Stormwater Operations & Maintenance Plan
inspect flush and clean underground pipes. If the basin still does not drain adequately
after cleaning the underdrain pipe then follow the next step.
✓ If a rain garden is not draining adequately and does not contain an underdrain pipe (or
underdrain has already been inspected and cleaned) then it is likely the grow filter
material has become clogged. If this is the case then the top 3 inches of the filter
material should be removed and the remaining surface should be tilled and/or raked as
needed to re-establish a flat bed. This procedure can be performed a total of two (2)
more times before the entire layer of grow filter material and plants should be replaced
completely. The grow filter material consists of well mixed sand and soil (70% sand &
30%).
D. Recommended Field Inspection Equipment
It is imperative that the appropriate equipment is taken to the field with the inspectors to ensure the
safety of the inspector and allow the inspections to be performed as efficiently as possible. Below is
a list of the equipment that may be necessary to perform the inspections of the stormwater
management facilities:
• Protective clothing and boots
• A copy of this O & M Plan & attached asbuilt drawing
• Blank inspection logs
• Clipboard
• Camera with video capabilities
• Tape measure
• Shovel
• Flash light
• 5 gallon bucket to collect trash and debris
E. Attachments
• Exhibit A: Grading & Drainage Certificate
• Inspections Logs
F. Contact
Please contact Sopris Engineering, LLC (970-704-0311) should any questions/concerns arise with
the overall operations and/or maintenance of the stormwater infrastructure.
--X�
SOPRIS ENGINEERING LLC
602 Street. Suite A3, Carbondale. CO 81623 970-704-0311
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