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Home My WebLink AboutAgreement & As Built_909 E Hopkins Ave_0056.2021.BRESRECEPTION#: 705120, R: $58.00, D: $0.00 DOC CODE: AGREEMENT Pg 1 of 10, 09/30/2024 at 03:36:12 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 16 day of August 20 24 , by and between (Insert Full Name of Owner) Yes Please LLC 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: 2021-0056-BRES Parcel Identification Number: 273718206036 Legal Description (Subdivision, Block, Lot): LOT 2, MOUNTAIN HOUSE LOT SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED Street Address: 909 E. Hopkins SEPTEMBER 24, 2015, IN PLA I BUUK 112 Common Name: 909 E. Hopkins 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 (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 RECEPTION#: 705120, 09/30/2024 at 03:36:12 PM, Pgs 2 of 10, Ingrid K. Grueter, Pitkin County, CO 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 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. 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. 2023 RECEPTION#: 705120, 09/30/2024 at 03:36:12 PM, Pgs 3 of 10, Ingrid K. Grueter, Pitkin County, CO IN WITNESS WHEREOF, the undersigned have hereunto affixed their signatures as of the date first above written. (Landowner signature must be notarized) THE FOLLOWING SECTION MUST BE COMPLETED BYA NOTARY PUBLIC: STATE OF Nevada ) ss. County of R(td40Clark V�_ ) The foregoing instrument was acknowledged before me this 19th Day of August , 20 24 By (Print Landowner Name) Andrew Fromm KATHERINE J. CORTEZ NOTARY PUBLIC STATE OF NEVADA WITNESS MY HAND AND OFFICIAL SEAL. �.�,�-.� ..� Appt.=1-3048-0, Expires August 7,2025 01 ONine Notary Confer . 1 Notary commission expires: August 19, 2024 (Date) (No Pu ic) 6210 N. Jones Blvd #751643, Las Vegas, NV 89130 (Address) Notarial Act performed by Audio -Video Communication. (DO NOT WRITF. BELOW THIS LINE_ FOR CITY USE ONLY) �K `m THE FOLLOWING SECTION MUST BE COMPLETED BYA NOTARY PUBLIC: STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this DATE: q I _JD 30 Day of S2pte)2,be r' , 20 24 , by PT �la..YY-aq (Print Name) WITNESS MY HAND AND OFFICIAL SEAL. Notary commission expires: JIA��- V2,TD2_0 (Date) (Nota blic) 42-7 Rio GIVAV)de, PL hsCen CC) B l(a II (Address) LORENA VARGAS NOTARY PUBLIC STATE OF COLORADO Notary ID 201740291 BO ►+tY Commission FVims Juy 12, 2026 v. 2023 RECEPTION#: 705120, 09/30/2024 at 03:36:12 PM, Pgs 4 of 10, Ingrid K. Grueter, Pitkin County, CO August 19, 2024 City of Aspen Engineering Department 427 Rio Grande Place Aspen, CO 81611 RE: 909 Hopkins Ave JVA Job No. 3382c Dear City of Aspen, 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 08/19/2024 JVA, Incorporated 817 Colorado Avenue Suite 301 Glenwood Springs, CO 81601 970A04.3100 info®jvajva.com www.jvaiva.com This letter is intended to show general conformance to the approved construction drawings dated April 12, 2023. The contractor and owner deviated from the approved civil construction documents, and we are writing to summarize the changes and confirm that they do meet the intent of the drawings. The list below summarizes the main deviations taken by contractor from the approved construction documents; • A proposed inlet on the east of the residence has been capped as it was determined it was not needed in order to drain the area. The area on that side drains to the inlet at the northeast corner of the residence. We have also included an annotated version of our Grading and Drainage Plan which shows the as -built conditions in BOLD. In summary, while the grading and drainage improvements were not completed per the approved construction documents, they do meet the general intent of our design. Please let us know if there are any questions or concerns. Cincerely. Enclosures: Maintenance Plan including Appendix A and B Asbuilt Survey Snowmelt Encroachment Exhibit Annotated Asbuilt Grading and Drainage Plan Stormwater Best Management Practices — Operations and Maintenance Agreement Grading and Drainage Certificate B O U L D E R F O R T C 0 L L I N S W I NTER PARK G L E N W 0 0 D S P R I N G S D E N V E R RECEPTION#: 705120, 09/30/2024 at 03:36:12 PM, Pgs 5 of 10, Ingrid K. Grueter, Pitkin County, CO 909 Hopkins Ave Aspen, Colorado 7/23/2024 2 of 2 MAINTENANCE The 909 East Hopkins site drainage infrastructure includes (2) 8" inlets, (1) 4" inlet, (2) roof drain connections, a trench drain, (3) clean outs and a 4' diameter drywell. See Appendix A for a plan showing the above infrastructure. The homeowner will maintain the dry well, inlets and clean outs per the following requirements and the requirements outlined in Aspen's Urban Runoff Management Plan: Required Action Maintenance Objective Frequency of Action Monitor water level and accumulation of Annually and following all rainfall events Inspection sediments in the drywell, inlets and clean >0.25 inches. outs. Inlets and clean outs should be cleaned if the depth of solids reached 1/3 the depth from basin bottom to the invert of the lowest pipe in or out of the basin. Routinely evaluate the drain -down time Evaluation of the dry well to ensure the maximum Routinely following rain events. time of 24 hours is not being exceeded. If drain -down times are exceeding the maximum, remove sediment as detailed below. Sediment can be removed from any of the drainage infrastructure by a vacuum truck. A shovel can be used remove sediment and debris from inlets or they can be flushed with a hose. The dry well should be emptied via pumping and the percolation area cleaned (the percolation Sediment/ barrel may be jetted to remove sediment debris accumulated in perforations). Consider Once per year or when needed to removal drilling additional p perforations in the promote drainage. barrel if the drain down time has increased. If slow drainage persists, the system may need to be replaced. Dispose of sediment, debris/trash, and any other waste material removed from a dry well at suitable disposal sites and in compliance with local, state, and federal waste regulations. The homeowner will keep records of all maintenance performed including action(s) taken and dates. The attached Appendix B is a sample maintenance log. `f j LLjd u aaaa0 narw vm OW OW L/IL/L , s y o 38niondisvwwl 30IN1180 1lIn9Stl = O 5111n8SY Nn nvaO I ST I ST 1.7 = =E:j _ v C� OOVNOl00 'N3dStl 3nN3AV SNINdOH 1SV3 606 R n \ / I®_' g34J I gg / - - Oil _ ms 'sus& a .-�eg •�R��P��i^ o _ sg sg� g g`�oV ei;a3 $g gYIS �Ctl ga�e�g�Wg�o yg 8 Ga PQ6 'U033V NOI13nHISN00 O1 O31,V2/OJNO0 RECEPTION#: 705120, 09/30/2024 at 03:36:12 PM, Pgs 7 of 10, Ingrid K. Grueter, Pitkin County, CO DRAINAGE MAINTENANCE LOG Page 1 DRAINAGE INFRASTRUCTURE MAINTENANCE LOG Date Infrastructure Desciption Description of Maintenance Performed Notes 0 LL1 �1 W 0 Q h H � O F p �y U 'S'NF w 0 Q Gn zmz u o 0-4 57- pq HNL) LLIs En x U. z�r E. U z D O 2 N F O U z 0 F- M w U W w ,- ;� .` ��, � r•4 3�g -i: ��- 6 :3_E Sy?, _JS ° fabg"� lR�� 5�5� „E," �f S use. :_�,,•�5P e 3'zj nr.u�- _ �€`s< p p� _ �€ t-`�5 �Y� � '� - � _ fix; �_• 2 e, Ei'3g3e. c-]e /11r�'i _- _s WR 1 FE lye Eta _ s€-5 '•� `-,'� -e` 5 'I'';glE � t€ " e •€. ;W�k+-ra°s `555 -� 1 8"tl'i�- I ?ys 2Fn ep I ?�� _ ai s��i>�: •�i"a RZfa s:€ ° €e =e E=p; r aea€€FieFSEk �� tt vtiv.ty v.vv RECEPTION#: 705120, 09/30/2024 at 03:36:12 PM, Pgs 9 of 10, Ingrid K. Grueter, Pitkin County, CO SNOWMELT ENCROACHMENT EASEMENT LOT 2, MOUNTAIN HOUSE LOT SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 24, 2015, IN PLAT BOOK 112 AT PAGE 55 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 75. 00,NOP�NS,q0. COHEATED STONE WALK NeW \NCRETC CUB\& GjVj ENCROACHMENT (SHADED) W NC R 17.51 SQ. FT. f SIDggLKf -° e ° B017 DER 3° \ �72 ' cTYP. l CO ck / S 75°09' i `_ SIDEIVALK WATERLINE !I°E C NEW CRET 9 0 71 •4 6p•0p, SIDg ALI{ CGT,CT/,G O / 1930_ 27.67 SIDTZ E lk 100 .a S �.P_� P e y1` R CIP TIE W LL 115'% `—1 ,1 u 1 U/LDIN Ex��ily ) "I � pR VCRETE a D�3( I B LVq Y � � \ � ��I• � ETg� a 16.9, ;�S-ONE.PAPOO �- /. 12.0 GRAVEL BORDER 2 STORY R- WOOD HOUSE ROCK WALL WITH BASEMENT 909 E. HOPKINS AVENUE / d BUILDING AND SITE UNDER CONSTRUCTION Ac G LOT 2 MOUNTAIN HOUSE LOT SPLIT A(' AC UNIT 6,000 SQ. FT (TYPICAL) ZONING: LP-R/MF PEAK r SURVEYING �0` •'y o INC. �'•• 3793 a 07/16/24DFTAIL •'•� GRAPHIC. SCALE fiO4,9 L. •L av0 Qed�SuyvevIn I_r �h'ys?15 `o. on. xe•11atm YES PLEASE. LLC. PNIc" Va CITY OF ASPEN. COLORADO 21001 P.O. D°,,174 ame. eos . 1R` ENCROACHMENT EXHIBIT Pi,.iv70 a MUO .JULY IA.'JRJ LOT 2. MOUNTAIN HOUSE LOT SPLIT wuw.Mn4aun°yinyina...m 9119 E. HOPKINS AVENUE ,r.' SIUc! 3U0T -E, flll••\yP1i11.T.UNY, r_n FoFn RMFn Tn rnNSTR1/rTInIN RFrnR, z O H a w u w X I i' as c'p_, ^ ossa . anrl -1 � a & fleawQ^�pe� g a w g P x;a'i a C� D 909 EAST HOPKINS AVENUE ASPEN, COLORADOCD u a m � �^ S b e D ll -' GRADING, DRAINAGE, AND UTILITY PLAN �� XXUB wD .s-Dtaamamauwn:P �rrcono X0. D.�IE DESb D'YM REN90X OESGII�XOM