HomeMy WebLinkAboutAgreement_701 Gibson Ave_0086.2021.BRESPitkin County Recording:
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RECEPTION#: 701622, R: $23.00, D: $0.00
DOC CODE: AGREEMENT
Pg 1 of 3, 04/08/2024 at 10:55:33 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 S day of Aph 1 , 20 2 q , by and between
(Insert Full Name of Owner) True Romance LLC, a Colorado limited liability company, 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 property located in the City of Aspen, Pitkin
County, Colorado (the "Property"):
Salesforce Master Permit Number: 00 Z (0 - Z()Z [ - SRE Is
Parcel Identification Number: ZI 3i 0-1 SU 5003
Legal Description (Subdivision, Block, Lot):
Street Address: 7Q \ C-I i bSGn AAV e.
Common Name: Hill H-ne, f ,ind(n
WHEREAS, the Landowner is proceeding to build on and develop, or has developed, 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
2 Z 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:
LTM4130*1
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 substantial 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 with at least 24
hours advance notice (except in the case of an emergency) and upon presentation of proper identification,
to inspect the stormwater management/BMP facilities. 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. Any timeline for
repairs shall be reasonable under the circumstances.
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 reasonably acceptable
to the City and such failure is not the result of parties other than Landowner, 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.
v. 2023
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.
True Romance LLC, a Colorado limited liability company
Name: C: 41YXL61
Title: -
THE FOLLOWING SECTION MUST BE COMPLETED BYA NOTARY PUBLIC:
STATE OF COLORADO )
) ss.
County of Pitkin )
The foregoing instrument was acknowledged before me thisS Day of AQYI � 2014
ByDO-r 1 h -E as S t *hO— — of True Romance LLC, a Colorado limited liability company.
WITNESS MY HAND AND OFFICIAL SEAL.
Notary commission expires:
\212A2
LORENA VARGAS
NOTARY PUBLIC
STATE OF COLORADO
Notary ID 2017 1
My Cmssian E�ires
m
q21 K o G ra►vle. P1- A'sp_e.h 20 gla 11
(Address)
�(L�O NOTWRITE BELOW! THIS. LINE. Fn&MY-USE ONLY).
BY: ' If'eP 1/"
CITV'Cf ASPEN, ENG
THE FOLLOWING SECTION MUST BE COMPLETED BYA NOTARY PUBLIC:
STATE OF COLORADO }
) ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this
3 Day of 6pW , 202-4 , by
WITNESS MY HAND AND OFFICIAL SEAL.
Notary commission expires: 3 u� 12,2021v
(bate)
$2--1 ?4v Cr+-&ndt PL C�p IYUP 11
(Address)
DATE:
LORENA VARGAS
NOTARY PUBLIC
STATE OF COLORAC}(7
Nary ID 2.0174029180
v. 2023