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2020-105887 ~ 7529 SW Red Cedar Way RETURN RECORDED DOCUMENT TO: Washington County,Oregon 2020-105887 D-AE 10/23/2020 01:42:20 PM CITY HALL.RECORDS DEPARTMENT Stn=6 M FERNANDES CITY OF TIGARD $20.00$11.00$5.00$60.00 $96.00 13125 SW Hall Blvd. I,Margaret Garza,Director of Assessment and Taxation and Ex- Officio County Clerk for Washington County,Oregon,do hereby Tigard, OR 9722 certify that the within instrument of writing was received and recorded in the book of records of said county. Margaret Garza, Director of Assessment and Taxation, Ex-Officio County Clerk Space above reserved for Washington County Recording information PRIVATE STORMWATER FACILITIES v AGREEMENT NThis Agreement is made and.entered into this 22nd day of October 20 20 , by and cbetween the CITY OF TIGARD, a municipal.corporation of the State of Oregon(City) and - LFII 74, LLC (Owner). N ARECITALS A. Owner has developed or will develop the Facilities listed below: (List the type of private stormwater facilities on site and the quantity of each type). ' Facility type(list each): Flow-through Planter Quantity: i Size: 160 sf 2 2 Facility type(list each): Quantity: Size: C 2 Facility type(list each): Quantity: Size: 4- CO CC 11, o B. The Facilities enable development of property at 7529 SW Red Cedar Way,Tigard,OR while Nz mitigating the impacts of additional surface water and pollutants associated with storm water runoff prior to discharge from the property to the public storm water system. The consideration for this Agreement is 2 connection to the public storm water system. A C. The property benefited by the Facilities and subject to the obligation of this Agreement is 5 .1 described below or in Exhibit A (Property) attached hereto and incorporated by reference. 1-1 g' See Attached Exhibit A V D. The Facilities are designed by a registered professional engineer to accommodate the anticipated volume of runoff and'to detain and treat runoff in accordance with Clean Water Service City's Design and Construction Standards. E. Failure to inspect and maintain the Facilities can result in an unacceptable impact to the public storm water system. Page 4-Private Storm water Facilities Agreement 50014-36792 6/2/17 NOW, THEREFORE, it is agreed by and between the parties as follows: 1. OWNER RESPONSIBILITIES. The City shall provide Owner an Operations and Maintenance (O&M Plan) for each facility. Owner agrees to operate, inspect and maintain each Facility in accordance with the current O&M Plan and any subsequent modifications to the Plan. Owner shall maintain a log on inspection activities. The log shall be available to the City upon request during City inspections 2. DEFICIENCIES. All aspects in which the Facilities fail to satisfy the O&M Plan shall be noted as "Deficiencies". 3. OWNER CORRECTIONS. All Deficiencies shall be corrected at Owner's expense within thirty (30) days after completion of the inspection. If more than 30 days is reasonably needed to correct a Deficiency, Owner shall have a reasonable period to correct the Deficiency so long as the correction is commenced within the 30-day period and is diligently prosecuted to completion. 4. CITY INSPECTIONS. Owner grants City the right to inspect the Facilities. City will endeavor to give ten(10) days prior written notice to Owner, except that no notice shall be required in case of an emergency. City shall determine whether Deficiencies need to be corrected. Owner(at the address provided at the end of this Agreement, or such other address as Owner may designate in writing to City)will be notified in writing through the US Mail of the Deficiencies and shall make corrections within 30 days of the date of the notice. 5. CITY CORRECTIONS. If correction of all Owner or City identified Deficiencies is not completed within the timeframe set forth in Section 3, City shall have the right to have any Deficiencies corrected. City(i) shall have access to the Facilities for the purpose of correcting such Deficiencies and(ii) shall bill Owner for all costs reasonably incurred by City for work performed to correct the Deficiencies (City Correction Costs)following Owner's failure to correct any Deficiencies in the Facilities. Owner shall pay City the City Correction Costs within thirty(30) days of the date of the invoice. Owner understands that this is a debt owing to City. In addition, Owner agrees that upon non-payment, City Correction Costs shall be secured by a lien on the Property for the City Correction Cost amount plus interest and penalties. 6. EMERGENCY MEASURES. If at any time City reasonably determines that the Facilities create any imminent threat to public health, safety or welfare, City may immediately and without prior notice to Owner take measures reasonably designed to remedy the threat. City shall provide notice of the threat and the measures taken to Owner as soon as reasonably practicable, and if such imminent threat arose from a Deficiency with the Facilities, charge Owner for the cost of these corrective measures as provided in Paragraph 5. 7. FORCE AND EFFECT. This Agreement shall constitute an equitable servitude or covenant running with the land and shall bind all owners of the Property present and future, and their heirs, successors and assigns. 8. AMENDMENTS. The terns of this Agreement may be amended only by mutual agreement of the parties. Any amendments shall be in writing, shall refer specifically to this Agreement, and shall be valid only when executed by the owners of the Property, City and recorded in the Official Records of the county where the Property is located. 9. PREVAILING PARTY. In any action brought by either party to enforce the terms of this Agreement, the prevailing party shall be entitled to recover all costs, including reasonable attorney's fees as may be determined by the court having jurisdiction, including any appeal. Page 4—Private Storm water Facilities Agreement 50014-36792 6/2/17 10: SEVERABILITY. The'invalidity of any section, clause, sentence, or provision of this Agreement shall not affect,the validity of any other part of this Agreement,which can be given effect without such invalid part orparts. IN WITNESS WHEREOF, Owner and City have signed this Agreement. NOTARIZE DOCUMENT BELOW LFII 74, LLC,an Oregon limited liability company Jeff / Title: Manager STATE-OF OREGON ) ° , (� ) ss. County of W o\ � .) This instrument was-acknowledged before me.on October 22nd , 20 20 , by Jeffery Smith as Manager of LFI C , • behalf of the LLC �� OFFICIAL STAMP NOT Y' UB►IC F�i R OREGON a. >>. 1 g;:,; JOYCE ELIZABETH JAMESON My C�mm'ssi• = �sires: NOTARY PUBLIC-OREGON COMMISSION NO.969988 MY COMMISSION EXPIRES JANUARY 11 24122 CITY OF TIGARD By:, ;Y-.5L, (City Engineer)' Page-4-Private.Storm water Facilities Agreement 50014-36792 6/1117 EXHIBIT A Lot 4 in the duly recorded plat Red Cedar Estates recorded as document number 2020-015743 in the Washington County Deed Records.