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Home My WebLink AboutAgreement & As Built_430 W Hallam St_0291.2017.ARBKI IIIIII Illll IIIII IIIII IIIII IIIII IIIII IIII II I III IIIII IIIII IIIII IIII IIIII IIII RECEPTION#: 701624, R: $43.00, D: $0.00 DOC CODE: AGREEMENT Pg 1 of 7, 04/08/2024 at 10:56:35 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 /3 day ofA M?t CL 2(l�by and between (Insert Full Name of Uwner)�� c ��s��— __ hereinaztter tailed the "Landowner"', and the City of Its C.'nlnradn, hercinaflerealled the "(:ity". WITN ESSETH WHEREAS, the Landowner is the owner of certain real property described as (Pitkin County tax Map/Parcel Identification Number) 2735-124-24006 _ located at 430..W. H tllnm 5t. Aspen. 00 8161 I and as more fully as follows, to wit: also known as, ,"430 W IIa€lam hereinafter cal led the "Property"; and WHEREAS, the Landowner is proceeding to build on and develop the property; and Will EREAS, the stormwater management BMP Operations and Maintenance Plan for tha 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 faeflities 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 RMP 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 homcovmers association, shall adequately operate, inspect, and maintain the stormwater managentcn03MP facilities as acceptable to the City and in accordance with the cpecitic operation, inspcction, 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 perfom>ed and provide said documentation to the City or its representatives upon request. 4. Bight of Entry on Property. The Landowner, ils 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 managetnenOMP 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 tunclioning 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 managementlfMMP 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 relxut and to charge the costs of such construction or repairs to lire Landvivner. It is expressly understood and agreed that the City is tinder no obligation to install, construct, or routinely maintain or repair said stormwater management/BMP facilities, and in no event shall this Ag,recmentbe construed to impose any such obligation on the City. G. 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 ofequipmeni, 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 management/BMP facilities at a minimum of once every three years to ensure their continued and adequate functioning. S. 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 managernent/BMP facilities by the Landowner or City. [it 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 anyjudgmcnt or claims against the C:ity's employees ur designated representatives shall be allowed, the Landowner shall pay all costs and expenses regarding said judgmaat or claim. 9. Rerorcling of Agreement running with the Property. This Agreement shall be recorded in the real property recardsof Pitkin County. Colorado, and ;hail constitute a covenant running with the Ptupclly or land, mid shall be binding on the Landowner, its administrators, Nxecutors, 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. - By: Print Name: State off :ss Flor4o« County of3 "v,*m i. Dctdt- The foregoing A rccmcnE was acknowledged before me this ��ay of NIgyC k 20V by 4rorg e Peru My Commission Expires: $/LC/262y THE CITY OF ASPEN: ay. State of Colorado) =ss Nam Public NHY Pf��I Vlach Teleft COMMAM036699 � �Aug.26, 2024 Tl>ti� r. Print Name: d C7i i[ County of Pitkin ) 11• - The foregoing Agreement was acknowledged before me this day of Y11 202A (i m- My Commission Expires: J�� 12,ZQ2J, at ublic LORENA VARGAS NOTARY PUBLIC STATE OF COLORADO Notary ID 20174029180 bfy Co Wnbsion Expires July 12, 2026 Certificate of Occupancy Reviewed by Engineering Development Operation and Maintenance The submitted document has been reviewed for compliance with Engineering Standards and the Urban Runoff Management Plan. The plans adequately show conformance with the issued permit documentation. 04/03/2024 10:00:43 AM Inlets and Piping The piping must be maintained periodically to ensure proper operation. Minimum inspection and maintenance requirements include the following: • During the first year draw down should be checked for every event exceeding 0.25" of precipitation to ensure no significant backups are occurring. • Piping systems and sumps should be checked during and after storms routinely. • After the first year, the system should be cleaned out at least once a year and more if the first -year inspection proves more maintenance is required. • More frequent cleaning reduces the amount of debris entering the system and reduces the need for more intense maintenance. • Clean the inside of any perforated pipes with a pipe cleaner accessed through cleanouts. This should be done yearly, or as necessary if the system is not infiltrating properly or if the system has become contaminated. • Ensure heat tape is functioning before colder months to prevent damage to piping. If the storm system is not maintained properly, replacement of parts or of the entire system may be necessary. Trench Drains and Slot Drains Trench drains must be regularly inspected and maintained to prevent clogging and debris from travelling further into the system. Routinely keep drain grates and surrounding patios clean and free of leaves, dirt, and other debris. This will prevent clogging and damage to the storm infrastructure. Inspect drain sumps quarterly and after every storm exceeding 0.5 inches, remove excess sediment and debris buildup from the catch basin. Inspect system for damage to the concrete and the grate. Inspect all grouted seams and cracks. If cracks are smaller than %", record information and continue inspection regularly. If cracks are larger than %", regrout and repair to prevent further damage. If grate is damaged, repair or replace as necessary. Pervious Paver Area As per section 8.5.3.1 of the URMP, the following schedule will be undertaken by the owners of the property to achieve long term performance of the BMP's. Tahip R.R Ma#ntPnanep RernmmQndations Mr Mndi lar Rinrk Pervinnc Pavemant Required Action Maintenance Objective Frequency of Action and Action Accumulated material should be Debris and litter 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. ASTNI 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. The perforated pipes should be cleaned and flushed yearly using the cleanouts on either end of the pipe. Do not use soap or chemicals to clean the drain. Inspect annually during a storm event to insure performance of drainage. If the drain has clogged outside of the drain pipe within the gravel bed, further maintenance or replacement of the gravel bed may be required. To access the gravel bed, the pavers can be lifted, where the sand, filter fabric, and gravel detention bed can be repaired as necessary. The pavers can be maintained similar to the recommended pervious paver table 8.8 above, following the schedule as per section 8.5.3.1 of the URMR Screened Rock Bed The screened rock bed beneath and piping must be maintained periodically and inspected to ensure proper operation. A maintenance plan shall be submitted to the City describing the maintenance schedule that will be undertaken by the owners of the new residence or building. Minimum inspection and maintenance requirements include the following: - During the first year draw down should be checked for every event over 0.25" of precipitation to ensure no significant backups are occurring. - The maximum drain down time is 24 hours. - The fabric surrounding the bed will be the first component to clog. If the fabric becomes clogged replacement will be needed. Piping systems and sumps should be checked during and after storms routinely. Clean out and drainage basins and provide access for hoses and vacuum equipment. - After the first year the system should be cleaned out at least once a year and more if the first -year inspections prove more maintenance is required. More frequent cleaning reduces the amount of debris entering the system and reduces the need for more intense maintenance. Remove debris from the gravel bed routinely. If the gravel has been contaminated by soil and sand, clean or replace gravel as necessary. Gravel will possibly have to be replaced every 5-10 years for proper perforation into the lawn. Clean the inside of the perforated pipe with a 6" or 12" pipe cleaner accessed through cleanouts. This should be done yearly, or as necessary if the system is not infiltrating properly or if the system has become contaminated. Ensure heat tape is functioning before colder months to prevent damage to piping. If the storm system is not maintained properly, replacement of parts or of the entire system may be necessary. It I