HomeMy WebLinkAboutAgreement & As Built_975 Chatfield Rd_0224.2017.ARBKf Illfll IIf41l111f flllf Iffll Ilfff Illlf Illl ff I I11114ff I�111 Ilfll lfll Iflll fllf
RECEPTION#: 703362, R: $38.00, 0: $0.00
OCC CODE: AGREEMENT
Pg 1 of 6, 0710912024 at 01:48:47 PM
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 List day of May , 20 24 , by and between
(Insert Full Name of Owner);Tqt'F �V-s7-' 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 properties located in the City of Aspen,
Pitkin County, Colorado
Salesforce Master Permit Number: 0224.2017.ARBK
Parcel Identification Number: PARCEL NO.2735-024-02-001
Legal Description (Subdivision, Block, Lot): LOT 7, WEST ASPEN SUBDIVISION, FILING NO.3
Street Address: 975 Chatfield Aspen Colorado
Common Name:
WHEREAS, the Landowner is proceeding to build on and develop the property; and
WHEREAS, the stormwater management B M P 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 far 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:
v. 2023
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
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 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 wnrk 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.
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
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, assigns, heirs and any other
successors in interests, in perpetuity.
v gng3
IN WITNESS WHEREOF, the undersigned have hereunto affixed their signatures as of the date first above
written.
(Landowner signature must 6e notarized)
THE FOLLOWING SECTION MUST BE COMPLETED BYA NOTARY PUBLIC. -
STATE OF COLORADO )
) ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this _ Day of 202`f
By (Print Landowner Name) 1 m",R � ; gNC r-L5-A)
WITNESS MY HAND AND OFFICIAL SEAL.
Notary commission expires:.
(Date)
ress)
BY:
ENG
THE FOLLOWING SECTION MUST BE COMPLETED BYA NOTARY PUBLIC.
�ryPublic
K9rtneth soon %b4M
H;,Sary Ps+bl�
St,lu o1 Colorado
MY CamrN s� ID 20124065 �
i►gs der 12,
DATE: f�9�
STATE OF COLORADO )
) ss. ,LORENA VARGAS
County of Pitkin ) STNOTARY
TE oo a�lor Aw
Notary ID 20174MJ80
The foregoing instrument was acknowledged before me this M' Camlimm iuy I 2M
Day of 202Lby I f'1 plot A ra t) h
J (Print Nark )
WITNESS MY HAND AND OFFICIAL SEAL.
Notary commission expires: 12r 202.-(o
(Date) (Notary blic)
RZ o rar xde PL >qs e
(Address)
v. 2023
J &.—Yg AV
,Pj.JE— rj ■ �r+ fd
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 07/09/2024
Appendix A
975 Chatfield RDad
Operations And ryalnftniarlice Plan
Thin document summarizes the requiretnents for maintenance on the stomwiater system at 975
Chatfield Road_ This is agreed upon by the Landowner and the City of Aspen to emure the
slormwater system will be rnarraged and maintained to ensure the system continues to fundien
as originally designed,
Sand RI ber
Operation and maintmanoe recomrnendations for the Sand Filter can be found in Table 4_ These
slandards were acquired from Table 8,14 in the URMP, imspecrively, In addition, the weir oulfet
on the sand War should be checked and cleared quarterly Tor debris buidup.
Table 4. URMP Sand Fuller Maintenance Reoxwendations
l f%mufrte Astfonn Mallrmnars�* Cbkict'tves
Debris mW hitter Ramuwr d.biie wo litter man, 40wrtico liafrte — DVandft an sombetle
remaW*l area to woniAm dcrgpV of in wmid I riqui►wmn4s,
irts;pe ctlorte Inspect daton*M area roe dx wlertlrhe if 1Rw@ne — Evwy me to two yom
the aand ammdW is arkw*V scceprarble mup&O for hy*auk prerfarranae. Id
dnllllratian. poesNa. elchedt de !liege +t+Aper6on3
/hm rrepecl tip wxjwdrsin guo@t it om 'ilm 24 houm sflsr a eqnftaild
4 pi t, ine arcing the adke plebe to ramkAe1E
m ke WM it In 9WV Wo h crna.-;gling
i
tic rdy ithlar "doe* St mifr top 3 irtdr+eeo by mylrh>g the *ws
sMriac�e..
K"Id i ranrvw
R,Bnu" tlW Wo 3 ity Jm of rand *a
the aand &W. Af'lar a egeoW rwnvvs1,
baddW with 6 In&wN of now farad to
mourn ttte sand depth io i3 ss .
A,brdmarm SOW Osplll id 1$ kKh0C
lnlefg and Tmnch Drains
Ono@ per year or trine nsaded to
proft%*A a drminyW
f< no orxratrudion aclividm tales pface
in the bbAsry Watewrshed. wary 2 to b
yeers 60*"" 411 ob#+let"d drain
*naa, mire* vAm it u4m atom inn
40 halms to empty .34ogt deep goal.
00*r moot cfliitn.
Trench drains and c41er linear drains shall be inspected and maintained an a regular basis to
prevent any ck%ing and debris from entering the sham, system to provide correct funclionaiity.
Grates and the ad'jawryt areas to the trench drain "I be kept dean and clear of any leaves, sail,
and arty c0er solid waste materials to prevent c4cigong 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 greaW than % inches in dep4h. All sediment shall be
OM W Rivtr Civil Ll_C 9.10.510.5312 Pale 1 ai 2
Cleaned out or vacuumed from the drain and catch basin. Al sediment shall be disposed of
wrrectby, meeting local furl Tonal codes and requirements_ Arry darnage to the grate and the
surrounding concrete shall he repaired rorrect)y to maintain funrtionality of the drain. The grate
Shall be replaced if excessive damage is present.
Cryntal RWr Ciuil LLC 970.510.5312 Page 2 of 2
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