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Home My WebLink AboutAgreement & AsBuilt_621 W Francis St_0008.2021.BRESIfWillYtY1111�1A11Y1 RECEPTION#: 703783, R: $53.00, D: $0.00 DOC CODE: AGREEMENT Pg 1 of 9, 07/31/2024 at 10:14:05 AM Ingrid K. Grueter, Pitkin County, CO STORMWATER BEST MANAGEMENT PRACTICES OPERATIONS AND MAINTENANCE AGREEMENT City of Aspen, Colorado THIS AGREEMENT. made and emceed into this, day of 20.8 by and between (insert Full Name of Owner) t hereinafler called the r" 'Lamdowme, and the City of Asps Colorado, hereioaRer called the " Ity'. WrMENETH WHEREAS, the owner of certain real property described as (Pitkio Cowry tax Map/Parce! Idtatilicotion Number) located at and as more fully as follows, to wit: 01 also known as, hereisaller ailed the'PrepnV; and WHEREAS. the Landowner is proceeding to build an and develop the property; and WHEREAS, the slorniwater management BMP Operations and Maintenance Phan for the property identified berein has ban approved by the City. herein alter called the "Plan". which is attached hereto as Appendix A and made part hereof, as approved by the City. provides for management of ataemwater within the coofnes of the Property through the use of stormwater management or Bet Management Practices (BMPs) facilities; and WHEREAS, the City and the Landowner, its successors and sasigns, agree that the bahk safety. and welfare of the residents of City of Aspen, Colorado and the maintenance of water quality require that am -site starnmater managementBMP f teilities be constructed and maintained on the Property; and WHEREAS, the City requires, through implementation of the Plan from the Landowners dated and attached beteto, that at -site stormwater inanagement/BM Ps as shorn on the Plan be adequately constructed, opened, 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. Comustractlon of BMP feelDty by Landowner. The on -site stormwater mansgmmWBMP facilities shall be constructod by the Landowner, its successors and assiSm. in accordance with the plans and specifications approved by the City and identified in the Plan. L Duty of Operation and Matntenanee of Faelpty. The Landowner. its successors and assignsincluding any homeowners association, shall adequately operate, inspect, and maintain the sto mwater managemmecatBMP facilities as acceptable to the City and in accordance with the specific operation. inspection, and maintenance requiM= rAated in the Plan. Adequate operation and maintenance is basin defined as good working condition so that these facilities arc perforating their design fwetions. RECEPTION#: 703783, 07/31/2024 at 10:14:05 AM, Pgs 2 of 9, Ingrid K. Grueter, Pitkin County, CO 3. Doty of Documentation. The Landowner, its successors and assigns, shall docmoeot ingestions, maimensnce, and repairs performed and provide said documentation to the City or its reF p u . fives 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 eater upon the Property at reasonable times and upon presentation of proper identification, and to inspect the storunvater maragement/BMP facilities whenever the City doems necessary. The purpose of inspection is to follow-up on suspected or reported deficiencies. to respond to citizen complaints, andlor to assure safe and proper f auctioning of the facilities. The City shall provide the Landowner, its successes and assigns, copies of the inspection findings and a directive with timdioe to commence with the repaim if necessary. S. RoUttre to Maintalo. In "eve. i the Landowner, its successors and assigns, fails to congroM operate and maintain the storttwaeer nanagemertUBMP facilities in good working condition acceptable to the City, the City, its authorized agents ad 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 coats 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 stomtwatermaoagement/BMP facilities, and in no event shall this Agreement be construed to impose any such obligation an the City. 6. ReImborement 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 cods incurred by the City bereunder. 7. Duty to Insped by City. The City, its employees or representatives, shall inspect the stormwater manegement/BMP facilities at a minimum of once every throe years to ensure their continued and adequate functioning. a Release of Gty. The Landowner, its executors, administrates, assigns, and olber sucoessors in interests, shall release the City, is employees and designated representatives ftoe all damages. accidents, casualties. occurrences, or claims which might arise or be asserted against acid City, employes, ad representatives from the construction, presence, existence, operative or maintenance of the stormwater management/BMP facilities by the La downer or City. In the event that a claim is asserted against the City, its elected officials, City Ofiic ers or employees. the City shall promptly notify the Landowner and the Landowner shall defend, at its own expose. any suit based onto claim. If any judgmeot or claims against the City's employees or designated representatives shall be allowed, the L wxknvner shall pay all costs and expenses regarding said judgment or Clain. 9. Recording of Agreement running with the Property. This Agreement shall be recorded in the real property records of Pidda County. Colorado. and shall constitute a covenant running with the Property or land, and shall be binding on Use Landowner, its administrators. executors, assigns, heirs and any other successors in interests, in perpetuity. RECEPTION#: 703783, 07/31/2024 at 10:14:05 AM, Pgs 3 of 9, Ingrid K. Grueter, Pitkin County, CO IN WITNESS WHEREOF the undersignod have hereunto afTtxod their signatures as of the date first atxrve written. LANDOWNER: �. ` fly: Print Name: J4- en S 13 Sjfvre*,z.D Statc of Colorado) :ss County of Pitkin ) The foregoing Agreement was acknowledged before me thiskday of 200 ny _ �Gi.McS g • Sh�aC `v1y Commission Expiresq THE CITY OF ASPEN: By: State of Colorado) :ss County of Pitkin ) SHANNON LYNN BUCKNER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20214MO33 COMMISSION EXPIRES JANUARy a. 2025 Print Name: 1 hdo, i�rao M The foregoing Agreement was acknowledged before me this day of u_ QN_. 20 by Tvcfo,402��'rufj)-action lie My Commission Expires: 7/ I L / Z io LORENA VARGAS NOTARY PUBLIC STATE OF COLOMW Notary ID 20174029180 My Cortxnission Expitw July 12, 2026 RECEPTION#: 703783, 07/31/2024 at 10:14:05 AM, Pgs 4 of 9, Ingrid K. Grueter, Pitkin County, CO Permj -4 oobg -zozl- BRES MAINTENANCE AND OPERATION PLAN FOR 621 WEST FRANCIS AVENUE CITY OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO HCE PROJECT #:2201048.00 RECEPTION#: 703783, 07/31/2024 at 10:14:05 AM, Pgs 5 of 9, Ingrid K. Grueter, Pitkin County, CO A. Introduction As part of the Certification of Occupancy, the following maintenance plan has been prepared for 621 West Francis Avenue in the City of Aspen, Colorado. B. Site Description and Drainage Pattern The site is located at 621 West Francis Street within the City of Aspen, County of Pitkin, State of Colorado, between West Francis Street and Block 22. The proposed site is approximately 5,981 square feet (0.137 acres). The lot consists of a home, upper level decks, basement patio, gravel walks driveway, garage, landscaping and numerous trees. The site is bordered by a private property to the east and west, a gravel alley to the south, and West Francis Street to the north. The site drains from the south to the north and offsite to West Francis Street then enters a storm inlet at the intersection of West Francis Street and North 61h Street. Existing grades range from approximately 2- percent to 10-percent. The construction called for the interior remodel of an existing residence and reconstruction of a garage. The impervious areas for the entire site will be treated for WQCV by bioretention areas. Runoff will be routed through sheet flow and drainage swales receiving runoff from downspouts and hardscape. Runoff, greater than WQCV, will leave the site in historical fashion to the City of Aspen's drainage system. 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 basins. The proposed drainage facilities were constructed in conformance with the City of Aspen Urban Runoff Management Plan, dated April 2010 and revised thereafter. C. Site BMP Maintenance The following Best Management Practices (BMPs) shall be implemented to prolong the life of the storm water infrastructure and to assure that the drainage facilities are functioning properly. Refer to the As -Built plan created by High Country Engineering for locations of the drainage facilities. The list below describes BMPs that shall be implemented after construction: I. Mowing, trimming, and weed control shall be performed on a regular basis throughout the growing season. Mowing shall keep the grass to a length of no longer than six inches. Trimmings shall be picked up and removed from the mowed area or a bagging system shall be used. A mulching lawnmower may also be used. RECEPTION#: 703783, 07/31/2024 at 10:14:05 AM, Pgs 6 of 9, Ingrid K. Grueter, Pitkin County, CO 2. All drainage facilities shall be inspected for damages on an annual basis. If structures are damaged to a point that they cannot function properly, then the structure must be replaced. 3. Leaves and debris shall be removed from the roof gutter system in the spring, after snow melt and in the fall once the trees have lost their leaves to prevent clogging. If the roof gutter system and drain pipes are functioning properly, water will not back up in the gutters and overtop them. Storm water shall drain to the drain to the bioretention areas. The roof eve gutters, downspouts and pipes shall be cleaned by using a brush system or a hose to flush out the debris. The downspouts may need to be jetted with a high pressure water system to remove any clogged debris. 4. Drainage swales should be kept mowed or raked smooth and must not be filled with dirt or debris. The minimum slopes and depths of the swales must not be a reduced by any future landscaping work. Check the grass for uniformity of cover and sediment accumulation in the swale. 5. The proposed trench drain shall be inspected and cleared of rubbish and debris quarterly as well as after large storm events. The trench drain grate must also be inspected to make sure there is no clogging. 6. Piping with depths equal to or less 36" than shall be heat taped. 7. The perforated pipe beneath the surface of the south bioretention pond will need to be inspected and maintained quarterly for clogging and standing water. 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 the perforated pipe shall be exposed and cleaned. After cleaning the perforated pipe, discard old growing media mix, wrap perforated pipe with filter fabric sock, and add new growing media mix. It is not recommended to jet clear the perforated pipe to prevent the filter fabric from tearing. Solid pipes may be jetted clear if clogged. The bioretention basins will need to be inspected and maintained quarterly to make sure that the reservoirs have not become clogged and that the reservoirs are functioning properly. Minimum inspection and maintenance requirements include the following: a. Inspect detention area to determine if the sandy growth media is allowing acceptable infiltration. b. Debris and liter removal from detention area to minimize clogging of the sand media shall occur routinely. c. Occasional mowing of grasses and weed removal to limit unwanted vegetation. Maintain irrigated turf grass as 2 to 4 inches tall and non - irrigated native turf grasses at 4 to 6 inches. d. The sandy loam turf and landscaping layer will clog with time as materials accumulate on it. This layer will need to be removed and replaced to rehabilitate infiltration rates, along with all turf and other vegetation RECEPTION#: 703783, 07/31/2024 at 10:14:05 AM, Pgs 7 of 9, Ingrid K. Grueter, Pitkin County, CO growing on the surface. This will need to be done every 5 to 15 years, depending on infiltration rates needed to drain the WQCV in 12-hours or less. May need to do it more frequently if exfiltration rates are too low to achieve this goal. The owners 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 at suitable disposal sites and in compliance with local, state, and federal waste regulations. D. Proper Function of Best Management Practices The drainage facilities will need to be inspected quarterly as well as after large storm events to assure that they are accepting all flow directed to them and to assure that they are functioning properly. Any removed material shall be disposed of in a City of Aspen approved location such as the landfill. If the roof eaves, gutter system and drain pipes are functioning correctly, water will not back up in the gutters and overtop them. Should the south bioretention basin ever exceed capacity, the pond will backup and overflow into the west drainage Swale that enters the north pond. Should the north bioretention basin exceed capacity, site drainage should flow over the weir of the north pond and into the curb and gutter system of West Francis Street. The drainage swales will need to be inspected quarterly and after large storm events. Debris and rubbish will need to be removed from the swales to prevent clogging and maintain the capacity. Bioretention (also known as porous landscape detention) BMPs function by capturing runoff and releasing it over an extended period of time (typically 12 hours for Aspen). This allows time for sedimentation and contact with vegetation for biological treatment. The infiltration area will need to be inspected annually as well as after large storm events to assure that they are accepting all flow directed to them and to assure that they are functioning properly. If the infiltration area is functioning properly, storm water will infiltrate into the filter material along the bottom of the basin. Water from a storm event should not be visible within 12 hours after a minor storm event. E. Record Keeping The above BMP plan shall prolong the lifespan of the storm water drainage facilities. The operation and maintenance of the storm water facilities shall be in compliance with the City of Aspen's Urban Runoff Management Plan (URMP). If the owner cannot perform the routine facility checks discussed above, then they shall hire someone that can perform the duties in order to comply with the City of Aspen's URMP. All inspections RECEPTION#: 703783, 07/31/2024 at 10:14:05 AM, Pgs 8 of 9, Ingrid K. Grueter, Pitkin County, CO and any maintenance performed on the drainage facilities shall be recorded in inspection and maintenance logs and made readily available for review by the City of Aspen upon their request. 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