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2022-046525 ~ 11290 SW Bull Mountain Rd Washington County,Oregon 2022-046525 07/19/2022 02:42:20 PM RETURN RECORDED DOCUMENT TO: D-AE Cnt=1 Stn=30 CITY HALL RECORDS DEPARTMENT $35,00$5.00$11.00$60.00 Totaltal==$1$1111 ,00 CITY OF TIGARD 11111111111111111111111111111 III 13125 SW Hall Blvd. Tigard, OR 97223 02889590202200465250070077 I,Joe Nelson,Director of Assessment and Taxation ;trios and Ex-Officio County Clerk for Washington County, `c Oregon,do hereby certify that the within instrument of � writing was received and recorded In the book of 1, y,,.�,u,;,w ?;r" records of said county. Joe Nelson,Director of Assessment and Taxation, ''..c Ex-Officio County Clerk Space above reserved for Washington County Recording information PRIVATE STORMWATER FACILITIES AGREEMENT This Agreement is made and entered into this 6th day of July, 2022, by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon (City) and Pacwest Energy, LLC. (Property 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 Infiltration Planter/Rain Garden Quantity 1 B. The Facilities enable development of property 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 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". Page 1 —Private Storm water Facilities Agreement 50014-36792 2/9/2015 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 thirty (30) days after Owner's inspection or City notice, 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 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 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. 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 Storm water Facilities Agreement 50014-36792 2/9/2015 IN WITNESS WHEREOF, I hereunto set my hand on this 6th day of July, 2022 Pacwest Energy,LLC. Name of Corporation Si atur 3450 E. Commercial Court Meridian, ID 83642 2c(Q6.,rn Address Title STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on (date)by (name(s) of person(s)) as (type of authority, e.g., officer,trustee, etc.) of (name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: CITY OF TIGARD Accepted on behalf of the City of Tigard this day of Jvvl ,20 Z . By: ��_ ity Engineer) Page 3 —Private Storm water Facilities Agreement 50014-36792 2/9/2015 INDIVIDUAL ACKNOWLEDGMENT State/Commonwealth of 1010 '1.o ss. County of Ada, On this the day of U,�y baa— , before me, Day Month Year (2GL. ':IGn.Gc- axt , the undersigned Notary Public, Name of Notary Public personally appeared Cori c. J a cJ or1 Name(s)of Signer(s) personally known to me—OR— El proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed ANNA ELENA VARELA to the within instrument, and acknowledged to me ( Notary Public-State of Idaho ( that he/she/they executed the same for the purposes I Commission Number 20222365 I therein stated. My Commission Expires May 18, 2028 WITNESS my hand and official seal. fkg-- VP-if Signature of Notary Public r&4. C,en.G. v� rets.. eke lgi Via$ Any Other-Required Information Place Notary Seal/Stamp Above (Printed Name of Notary, Expiration Date, etc.) OPTIONAL This section is required for notarizations performed in Arizona but is optional in other states. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: ©2020 National Notary Association Infiltration Planter / Rain Garden Operation and Maintenance Plan Annual inspections are required. It is recommended that the facility is inspected on a monthly basis to ensure proper function.The plan below describes inspection and maintenance activities, and may be used as an inspection log. Contact the design engineer, Clean Water Services or City representative for more information. Identified Problem Condition to Check for Maintenance Activity Maintenance Timing V Task Complete Comments Invasive Vegetation as Invasive vegetation found in facility. Remove excessive weeds and all outlined in Appendix A Examples include:Himalayan Blackberry; invasive plants.Attempt to control Reed Canary Grass;Teasel;English Ivy; even if complete eradication is not Nightshade;Clematis;Cattail;Thistle; feasible.Refer to Clean Water Services '^ Scotch Broom Integrated Pest Management Plan for SPRING SUMMER FALL 13) appropriate control methods,including c proper use of chemical treatment. v co 0 NObstructed Inlet/Outlet Material such as vegetation,trash, Remove blockages from facility sediment is blocking more than 10% of the inlet pipe or basin opening WINTER SPRING Inspect after major storm (1-inch in 24 hours) CD Cr) aExcessive Vegetation Vegetation grows so tall it competes Cut tall grass 4"to 6"and remove o with or shades approved emergent clippings.Prune emergent wetland wetland grass/shrubs;interferes with grass/shrubs that have become SPRING access or becomes a fire danger overgrown. Ideal time to prune emergent wetland grass is spring.Cut grass during dry months Tree/Shrub Growth Tree/shrub growth shades out Prune trees and shrubs that block sun wetland/emergent grass in treatment from reaching treatment area.Remove area.Interferes with access for trees that block access points. WINTER maintenance/inspection Do not remove trees that are not interfering with access or maintenance Ideal timing for pruning trees is without first contacting Clean Water winter Services or local City. co o g Infiltration Planter / Rain Garden Operation and Maintenance Plan (continued) i Annual inspections are required. It is recommended that the facility is inspected on a monthly basis to ensure proper function.The plan below describes ~/,, inspection and maintenance activities, and may be used as an inspection log. Contact the design engineer, Clean Water Services or City representative for more information. F'). identified Problem Condition to Check for Maintenance Activity Maintenance Timing V Task Complete Comments Hazard Trees Observe dead,dying or diseased trees Remove hazard trees. A certified As Needed arborist may need to determine health of tree or removal requirements Poor Vegetation Coverage 80%survival of approved vegetation Determine cause of poor growth and r- and no bare areas large enough to correct the condition.Replant per the .14. affect function of facility. approved planting plan and applicable SPRING FALL If ti standards at the time of construction. Ideal time to plant is spring and cu 0 Remove excessive weeds and all fall seasons — invasive plants. orn G CD O Trash and Debris Visual evidence of trash,debris or Remove trash and debris from facility. n dumping Dispose of properly D SPRING SUMMER FALL WINTER a EDContaminants and Pollu- Evidence of oil,gasoline,contaminants If contaminants or pollutants are m tion or other pollutants.Look for sheens, present,coordinate removal/cleanup ,y odor or signs of contamination. with local jurisdiction SPRING SUMMER FALL WINTER 03 n a v- 0 7,- Erosion Erosion or channelization that impacts Repair eroded areas and stabilize using or effects the function of the facility or proper erosion control measures. ,;, creates a safety concern Establish appropriate vegetation as l . FALL WINTER SPRING needed. Flow Not Distributed Flows unevenly distributed through Level the spreader and clean so Evenly planter width due to uneven or that flows spread evenly over entire , i, clogged flow spreader planter width WINTER SPRING Infiltration Planter / Rain Garden Operation and Maintenance Plan (continued) Annual inspections are required. It is recommended that the facility is inspected on a monthly basis to ensure proper function.The plan below describes inspection and maintenance activities, and may be used as an inspection log. Contact the design engineer, Clean Water Services or City representative for more information. Identified Problem Condition to Check for Maintenance Activity Maintenance Timing V Task Complete Comments Vector Control Evidence of rodents or water piping Repair facility if damaged.Remove As Needed through facility via rodent holes. harmful insects,use professional if o Insects such as wasps and hornets needed.Refer to Clean Water Services interfere with maintenance/inspection Integrated Pest Management Plan for activities management options Sediment Accumulation in Sediment depth in treatment area Remove sediment from treatment Treatment Area exceeds 3 inches area.Ensure planter is level from side to side and drains freely toward SUMMER FALL outlet;no standing water within 24 - hours after any major storm(1-inch Ideally in the dry season in 24 hours) <n Standing Water Standing water in the planter Remove sediment or trash blockages; between storms that does not drain improve end to end grade so there is 0/, o • freely.Water should drain after 24 no standing water 24 hours after any WINTER SPRING hours of dry weather major storm(1-inch in 24 hours) Inspect after major storm (1-inch in 24 hours) Grate Damaged,Missing Grate is missing or only partially in Grate must be in place and meets As Needed or Not in Place place may have missing or broken design standards.Replace or repair grate members any open structure C) v: rD