2022-011378 ~ 7728 SW Layton Lane Washington County,Oregon 2022-011378
02/15/2022 09:16:09 AM
D-AE Cnt=1 Stn=4 A STROM
$15.00$5.00$11.00$60.00-Total=$91.00
RETURN RECORDED DOCUMENT TO: 1111111 1111111 111E1 1 111
CITY HALL RECORDS DEPARTMENT 02851003202200113780030036
CITY OF TIGARD I,Joe Nelson,Director of Assessment and Taxation
and Ex-Officio County Clerk for Washington County, V' ;;< •?•
13125 SW Hall Blvd. Oregon,do hereby certify that the within Instrument of .
writing was received and recorded in the book of
Tigard,OR 97225 records of said county.
Joe Nelson,Director of Assessment and Taxation,
Ex-Officio County Clerk
Space above reserved for Washington County Recording information
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this /0 Piday of /ID vet/tem- L02 / ,
by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon(City)
and AU44-0 3 LeeNThN . (Owner).
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 7Zs 3w 443111,N ziel/Yr
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
LOTf' daeoe5s jam' so a/✓t S/d/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.
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.
Page 1—Private Stormwater Facilities A_greement50014-36792
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 night 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 al owners of the Property Present and future, and
their heirs, successors, and assigns.
$. AMENDMENTS. The terms 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 maybe 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.
Page 2—Private Ston rwaterFacilities Agreement 1Q 36.792
IN WITNESS WHEREOF, Owner and City have signed this Agreement.
NOTARIZE DOCUMENT BELOW
Ar/if
-
By-..X1 /7,1(
y: //j
Title: 5cV,14
STATE OF OREGON )
) ss.
County of Washington )_
This instrument was acknowledged before me on d1412e,12 L0 Z021 , by
\-31\C a , as DLO 12 of4�► K5.d-€ Sv10d.t.A6‘13,/1 .
N TARY PUBLIC FOR OREGON
My Commission Expires:1 H 2-'13 2 ul S--
,,,.r� OFFICIAL STAMP
LEAH MICHELLE LAYTON
r '9r' NOTARY PUBLIC.OREGON
COMMISSION 140.1008244
} MY COMMISSION EXPIRES JANUARY 28,2025
d 1 T 0 / tt6,11-rzl,
Qy
0ity b"—li&IN(sG2
Page 3—Private Stormwater Facilities Agreement50014-36792