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2021-054631 ~ 10494 SW Lucy Court RETURN RECORDED DOCUMENT TO: Washington County,Oregon 2021-054631 CITY HALL RECORDS DEPARTMENT D-AE Stn=2 S AKINS 05/06/2021 09:29:35 AM CITY OF T'IGARD $20.00$11.00$5.00$60.00 $96.00 13125 SW Hall Blvd. I,Joe Nelson,Interim Director of Assessment and Taxation and Ex- Tl and OR 9722 Officio County Clerk for Washington County,Oregon,do hereby Ex- Tigard, certify that the within instrument of writing was received and recorded in the book of records of said county. Joe Nelson,Interim Director of Assessment and Taxation,Ex-Officio Space above reserved for Washington County Recording information o PRIVATE STORMWATER FACILITIES .3 AGREEMENT '1 1 03 co This Agreement is made and entered into this 27th day of April2021, by and between the CITY OF § g• TIGARD, a municipal corporation of the State of Oregon (City) and Westwood Homes LLC. (Owner). m. RECITALS 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: 1 Size: 160 sq ft B. The Facilities enable development of property at 10494 SW LUCY CT, OR 97223 while 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 connection to the public storm water system. C. The property benefited by the Facilities and subject to the obligation of this Agreement is described below or in Exhibit A (Property) attached hereto and incorporated by reference. See Attached Exhibit A 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. 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 Page 1 —Private Storm water Facilities Agreement 50074-38792 6/2/17 RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 9722 Space above reserved for Washington County Recording information a 114 PRIVATE STORMWATER FACILITIES s AGREEMENT CRs This Agreement is made and entered into this 27th day of April 2021, by and between the CITY OF c TIGARD, a municipal corporation of the State of Oregon (City) and Westwood Homes LLC. (Owner). a 73 0 RECITALS 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: 1 Size: 160 sq ft B. The Facilities enable development of property at 10494 SW LUCY CT, OR 97223 while 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 connection to the public storm water system. C. The property benefited by the Facilities and subject to the obligation of this Agreement is described below or in Exhibit A (Property) attached hereto and incorporated by reference. See Attached Exhibit A 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. 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 Page 1 —Private Storm water Facilities Agreement 50014-36792 6/2/17 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 terms of this Agreement maybe 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. 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 or parts. IN WITNESS WHEREOF, Owner and City have signed this Agreement. Page 2—Private Storm water Facilities Agreement 50014-36792 6/2/17 NOTARIZE DOCUMENT BELOW By: Title: - s, RL. , i STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on Anril 27th , 2021 , by Richard Todd Boyce as Managing Partner of Westwood Homes LLC. �;t•., OFFICIAL STAMP NOTARY PU1C FOR OREGON LINDSAY E ADAMS z .M: My Commission Expires: 1 Z' $ /2023 ' NOTARY PUBLIC-OREGON;` . COMMISSION NO.994581 MY COMMISSION EXPIRES DECEMBER 18,2023 CITY OF TIGARD City Engineer) Page 3 —Private Storm water Facilities Agreement 50014-36792 6/2/17 Exhibit "A" Lot 18, Burt's Landing, recorded August 4, 2020 as Recording No. 2020-072619, in the City of Tigard, County of Washington and State of Oregon.