HomeMy WebLinkAboutFile Documents.234 W Francis St.0118-2020-BRES (33) Pitkin County Recording:
STORMWATER BEST MANAGEMENT PRACTICES OPERATIONS
AND MAINTENANCE AGREEMENT
Permit Number: Engineering Approval Date (for official use):
THIS AGREEMENT, made and entered into this 31 stday of_December , 2024_, by and between
(Insert Full Name of Owner) 234 West Francis Street 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: 0118-2020-BRES
Parcel Identification Number: 2735-124-17-003
Legal Description (Subdivision, Block, Lot): Subdivision: CITY AND TOWNSITE OF ASPEN Block: 48
Lot: K AND:- Lot: L AND:- Lot: M
Street Address: 234 West Francis Street , Aspen , CO 81611
Common Name: 234 West Francis
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
234 W Francis Stormwater BMP & OM JAN 2025
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:
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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
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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.
(Landowner signature must be notarized)
THE FOLLOW NG S CTION MUST BE COMPLETED BY A NOTARY PUBLIC: Y Rio of I t York
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The foregoing instrument was acknowledged before me this Day ofC&I4, 20 2 ,
By (Print Landowner Name) !
WITNESS MY HAND AND OFFICIAL SEAL.
Notary commission expires: /e/S D�
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(Address)
(DO NOT WRITE-BELOW THIS LINE,FOR CITY USE ONLY)
BY• DATF
CITY of ASPEN, ENG DEPT
THE FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBLIC:
STATE OF COLORADO )
) ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this
Day of , 20 , by
(Print Name)
WITNESS MY HAND AND OFFICIAL SEAL.
Notary commission expires:
(Date) (Notary Public)
(Address)
v. 2023