HomeMy WebLinkAboutFile Documents.309 Oak Ln.0021-2022-BRES (25) STORMWATER BEST MANAGEMENT PRACTICES
OPERATIONS AND MAINTENANCE AGREEMENT
City of Aspen Colorado
THIS AGREEMENT,made and entered into this 23 day of February ,2024 ,by and between(Insert
Full Name of Owner) Chris&Elizabeth Campaign hereinafter called the
„Landowner" and the City of Asper,Colorado hereinafter called the"City".
WI TNESSETH
WHEREAS.the Landowner is the owner of certain real property described as(Pitkin County tax Map/Parcel
Identification Number) 273707490309 located at
309 Oak Lane,Aspen Co 816 f 1 and as more fully as follows,to wit:
also known as,309 Oak Lane,Aspen Co 816i 1 hereinafter called the`Property";and
WHEREAS,the Landowner is proceeding to build on and develop the property;and
WHEREAS.the stormwater mananetnent 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 stonnwater 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
then':eruts'of City of Aspen,Colorado and the maintcnanec 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 starmwater manngpment/BMPs as shown on thee 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:
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 nianageaient/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 perforating their design functions.
IN WITNESS WHEREOF the undersigned have hereunto affixed their signatures as of the date first above written.
LANDOWNER: /
By. _ Print Name: (/�/,,/c7 '],�J t,�P //'a,10/
State of Colorado):ss
County,of P!!kin)
The foregoing Agreement was acknowledged before me this.ZIf day of /`14fa y ,20 zy
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by
,�9 zd.�6 Notary Public
My Commission Expires: ✓
MbrillkiMirlarabilamlawardlir
BRYAN MENJ1VAR MOLINA
NOTARY PUBLIC-STATE OF COLORADO
THE CITY OF ASPEN: NOTARY ID 20224029680
MY COMMISSION EXPIRES JUL 29, 2026
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By: Print Name:
State of Colorado):ss
County of Pitkin
The foregoing Agreement was acknowledged before me this_day of ,20_.
by
Notary Public
My Commission Expires:
3.Duty of Documentation. The Landowner,its successors and assigns,shall document inspections,maintenance,
and repairs perforated 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 stornn►ater managcnCn-0MP facilities whenever the City deems
necessary.The purpose of inspecuon 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 au thori7,ed 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 maintainer repair said storniwater management/BMP facilities,and in no event shalt 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.
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 stormwatcr managcmcntfBMP 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 coecessors in interests.
in perpetuity.
❑ Contours at 1-foot maximum intervals. In terrain where the slope exceeds 15%, the
maximum interval is 10 feet.
❑ Drainage facilities and structures, including irrigation ditches, roadside ditches,
drainage ways,gutter flow directions,and culverts. All pertinent information such as
material, size, shape, slope, and location shall also be included.
❑ Building footprints, streets, utility locations, ROW width, flow line width, curb type,
and sidewalks.
❑ Storm sewers and open drainage ways, including inlets, manholes, culverts, and other
appurtenances. All pertinent information such as material,size, shape, slope, and
location shall also be included.
• Cross-sectional views of all open channels, including irrigation ditches, trickle
channels, spillway structures, etc., as necessary. These views shall include applicable
easement/property line/ROW boundaries.
n Finished floor and grade at foundation elevations of all buildings. In residential
developments also provide lot corner elevations and any grade break elevations
critical to the grading concept. Show positive drainage away from structures as
required by Building Code(IRC—R401.3 and IBC— 1805.3.4).
Li spot elevations critical to dcscriUL. L aturcs GLILLL L1LVlr functions (c.g. IIL1VtJ,
cross pans, spillways, inlets/outlets of manholes, culverts,and storm sewers).
n Location and(if known)elevations of all utilities.
n As-Built Survey Certification Statement:
"I, the undersigned Registered Land Surveyor, hereby certify that the elevations,
grading and drainage features shown of the property described as:
Lot 309, Smuggler Park were developed from surveying the
property on the date of December 28th 2023 and accurately depict the elevations
existing during the survey. The elevations may change subsequent to the survey due
to subsidence, upheaval, erosion, acts of man or other factors. Therefore, this
certificate may not accurately depict elevations, grading and drainage pattern after the
date of the survey. Easements are shown per the plat unless noted otherwise. No part
of this lot lies within the 100- year floodplain as defined by FEMA, except as noted."
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By: vcc auaL.1 icu Date:
Jason Nail stamped survey 02.23.24
For and behalf of Peak Survey PLS seal
Revised 02-25-2010 Page 2 of 2
Grading and Drainage Certificate
r �
� CITY OF ASPEN ENGINEERING DEPARTMENT
THE CITY OF ASPEN GRADING AND DRAINAGE CERTIFICATE
All major projects within the City of Aspen require a Grading and Drainage Certificate
following final grade, landscaping,and installation of all stormwater quality and quantity
control measures for the site. Certificate of Occupancy will not be issued until Grading
and Drainage Certificate has been submitted and approved by the Development Engineer.
The following are the minimum requirements for a Grading and Drainage Certificate:
GRADING AND DRAINAGE CERTIFICATE SHALL INCLUDE:
❑ As-built survey
❑ A video nfthe ciiheiirfare drainage cvctemc may he nereccan, A yirlen nfthe
subsurface drainage system is required if the site drains into the City of Aspen's
stormsewer infrastructure and/or if the site discharged pollutants, such as concrete,
sediment, or construction debris, during construction.
❑ Maintenance Agreement for stormwater facilities such as detention systems and
structural best management practices designed to treat the WQCV.
❑ Elevation Certificate if the site is in the FEMA 100-yr floodplain.
o Signature, date,and stamp of Colorado Professional Engineer on each plan sheet.
"I,the undersigned Registered Professional Engineer, certify that I have inspected the
as-built survey data for project site: 309 Oak Lane, Aspen, CO 81611
and have concluded that the property will drain adequately in conformance with the
drainage plan submitted and approved by the City on date: 1/15/2022 ."
By: Date:
2/5/2024
JE C o 41789
As-Built Survey
n Signature, date, and stamp of Colorado Professional Land Surveyor on each plan
sheet.
o Vicinity map with north arrow and scale.
❑ Drawings must be 24" x 36" in size.
in Scale of 1"=10' to 1"=40' or plan must be provided in sufficient detail and clarity to
identify drainage flows entering and leaving the development and general drainage
patterns.
❑ Benchmark and tie to the City of Aspen Survey.
o Name of the subdivision or project.
❑ Property map and parcel number.
❑ Date of preparation, scale,and symbol designating true north.
o Legend to define map symbols.
o Property lines and easements with purposes noted.
Revised 02-25-2010 Page 1 of 2