The URL can be used to link to this page

Home My WebLink AboutAgreement & As Built_931 Gibson Ave_0037.2019.BRESRECEPTION#: 704183, R: $33.00, D: $0.00 DOC CODE: AGREEMENT Pg 1 of 6, 08/19/2024 at 11:14:32 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 8th day of June , 2024, by and between (Insert Full Name of Owner) 107 Thunderbowl LLC hereinafter called the "Landowner", and the City of Aspen, Colorado, hereinafter called the "City". WITNESSETH WHERFAS, the Landowner is the owner of certain real property described as (Pitkin County tax Map/Parcel Identification Number) #273707400004 located at and as more fully as follows, to wit: a.oeac r Tvmn,V p 10 R - S4 LATH IN ld OP JEC T-IM DESC BY MAB BK 513 PG B/2 TRACT OF LAND IN THE SUNSET LODE USMS 5310 DESC BY MB eK 513 PO Y/5 FROM TI IE BOARD OF PIT10N CO COMM 0% 0 ACKFS SUNSET LODE, US MS. 5310 also known as, 931 Gibson Avenue, Aspen, CO 81611 _, 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 (BMP9) 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 06/06/2024 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, THERE, FORE, in consideration of the foregoing promises, tho mutual oovonants 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 constricted 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. RECEPTION#: 704183, 08/19/2024 at 11:14:32 AM, Pgs 2 of 5, Ingrid K. Grueter, Pitkin County, CO Certificate of Occupancy Reviewed by Engineering Development 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. kylas 06/17/2024 Appendix A 931 Gibson Avenue Operations And Maintenance Plan 06/06/2024 This document summarizes the requirements for maintenance on the stormwater system at 931 Gibson Avenue. This is agreed upon by the Landowner and the City of Aspen to ensure the stormwater system will be managed and maintained to ensure the system continues to function as originally designed. Drywell The drywell shall be inspected and maintained at least every three months to remove any sediment, contaminants, and debris that has settled in the drywell. At minimum, the inspection and maintenance of the drywell shall include the following steps: • Drywell shall be continuously inspected. At minimum, every three months and after every storm event greater than inches. • Remove and dispose of any sediment, solids, debris, and any other waste. All material removed from drywell shall be disposed of at a fitting disposal site and shall meet/comply with all local, State, and Federal waste regulations/jurisdictions. • Regularly inspect the drywells functionality with respect to the time it takes for water to drain in the drywell to meet the maximum required infiltration time of 24 hours and is not exceeded. When drain down times in the drywell are larger than 24 hours, the drywell shall be drained via pumping and the infiltrative area of the drywell shall be cleaned and all perforation in the drywell shall be thoroughly washed out. Due to the difficult access for a vacimm tnrrk, the drywell will have to be cleaned utilizing sump pumps and/or suction pumps to remove debris. This water and debris must be collected and disposed of properly offsite. The drywell will have to be cleaned by hand to ensure adequate infiltration. If irregular drainage of the drywell continues as described above, the system mjv be reA 'red to be replaced. Inlets an renc rains Trench drains and other linear drains shall be inspected and maintained on a regular basis to prevent any clogging and debris from entering the storm system to provide correct functionality. Grates and the adjacent areas to the trench drain shall be kept clean and clear of any leaves, soil, and any other solid waste materials to prevent clogging or larger materials from entering in the storm system. Drain sumps and catch basins shall be inspected, at the very minimum, every three months and for each storm event that is greater than 112 inches in depth. All sediment shall be cleaned out or vacuumed from the drain and catch basin. All sediment shall be disposed of correctly, meeting local jurisdictional codes and requirements. Any damage to the grate and the surrounding concrete shall be repaired correctly to maintain functionality of the drain. The grate shall be replaced if excessive damage is present. �_;iysra River Civil LLC 970.510.5312 RECEPTION#: 704183, 08/19/2024 at 11:14:32 AM, Pgs 3 of 5, Ingrid K. Grueter, Pitkin County, CO 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 management/BMP 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 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 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, shall 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. 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, MlilgnR, heIM AM Any ATht!r fflicremom In IntereRTti, in perpetuity. RECEPTION#: 704183, 08/19/2024 at 11:14:32 AM, Pgs 4 of 5, Ingrid K. Grueter, Pitkin County, CO IN WITNESS WHEREOF the undersigned have hereunto affixed their signatures as of the date first above written. LANDOWN t-- By: Print Name: David Steiner (107 Thunderbowl LLC) State ofCsieiWaTss County oF4Nddw)Ip P rri% The foregoing Agreement was acknowledged before me this LZ day of 3,,-ne , 20W by :: . r^ PIscn Notary Public My Commission Expires: 6 -1() -2L,av, "VP f, IAN POLSON Notary PUblic, State of Texas '= Comm. Expires 04-10-2028 THE CITY OF ASPEN: °'a°„� Notary ID 134845417 By: Print Name: ril my(f au State of Colorado) :ss 01� County of Pitkin ) The foregoing Agreement was acknowledged before me this day of !a US+ , 20 2A by �((� I o�ftrgPublic My Commission Expires: 07 1 L 2.b LORMA VARGAS NOTARY PUBLIC STATE OF COLORADO Notary ID 201740229180 My Cartn>ission E*m July 12, 2M a V o ti U ti W w°a wWy F3�z- HQ;a �zo � aNU0 � LL, Q o�� W�a U � 40� Q U i� i•Ft #§ t p flip yet ; fill I EQfifi Z Q •-P�owej0«ot a9@ alIeT'vl ' 3 5 ail 9 P 3 eR SQ QR g9§ � � •r � JillflyiilEQE, e - �a a Q OE 4 y.. y E Q�3 ti 9i'9< EE9! MIN a v f •g a�p e