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2023-023291 ~ 9405 SW Edgewood St. Tigard, Oregon 97223 Washingto RETURN RECORDED DOCUMENT TO: 06/08/20232 County,Oregon 2023-023291 11:04:33 AM CITY HALL RECORDS DEPARTMENT D-AE Cnt=1 Stn=30 RECORDS1 CITY OF TIGARD $40.00$5.00$11.00$60.00$20.00-Total=$136.00 13125 SW Hall Blvd. 11111 I 111111111111111N 11111 I III Tigard, OR 97223 02946789202300232910080088 I,Joe Nelson,Director of Assessment and Taxation and Ex-Officio County Clerk for Washington County, c Oregon,do hereby certify that the within instrument ofai A ii;, writing was received and recorded in the book of records of said county. s Joe Nelson,Director of Assessment and Taxation,Ex- Officio x Officio County Clerk Space above reserved for Washington County Recording information PRIVATE STORMWATER FACILITIES AGREEMENT This Agreement is made and entered into this 17th day of April, 2023,by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon(City) ander` °.kt 42: ' I 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: 160SQ FT B. The Facilities enable development of property at . 9405 SW Edgewood St Tigard, Oregon 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 the current O&M Plan and any subsequent modifications to the Plan. Owner shall maintain a log on inspection Page 1 —Private Storm water Facilities Agreement 50014-36792 6/2/17 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 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. IN WITNESS WHEREOF, Owner and City have signed this Agreement. Page 2—Private Storm water Facilities Agreement 50014-36792 6/2/17 Flow-Through Planter 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 Trash and Debris Visual evidence of trash,debris or Remove and dispose of trash and debris dumping. from facility. Dispose of properly SPRING SUMMER FALL WINTER Contamination and Evidence of oil,gasoline,contaminants, If contaminants or pollutants present, C3 Pollution or other pollutants. Look for sheens, coordinate removal/cleanup with local odor or signs of contamination. jurisdiction. SPRING SUMMER FALL WINTER 3 O Outlet Structure Damaged Grate or overflow structure is missing Repair or replace outlet structure. As Needed or only partially in place and may have missing or broken grate members. CD O 0_ s- O O LD LO Flow-Through Planter 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. ,c3 Identified Problem Condition to Check for MaintenanceActivity Maintenance Timing ✓Task Complete Comments Sediment Accumulation in Sediment depth exceeds 3 inches Remove sediment from treatment Treatment Area 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 in Ideally in dry season 24 hours) r O - S Erosion Erosion or channelization that impacts Repair eroded areas and stabilized or effects the function of the facility or using proper erosion control mea- creates a safety concern sures Establish appropriate vegetation FALL WINTER SPRING as needed Inspect after major storm (1-inch in 24 hours) 3 (13 Standing Water Standing water in the planter between Remove sediment or trash blockages, o storms that does not drain freely. Grade out areas of mounding and Water should drain after 24 hours of improve end to end grade so there is CD dry weather. no standing water. WINTER SPRING oFlow Not Distributed Flow unevenly distributed through Level the spreader and clean so 77 Evenly planter width due to uneven or that flows spread evenly over entire clogged flow spreader planter width WINTER SPRING Obstructed Inlet/Outlet Material such as vegetation,sediment, Remove blockages from facility _4*, trash is blocking more than 10%of the inlet/outlet pipe WINTER SPRING Inspect after major storm (1-inch in 24 hours) °° Flow-Through Planter 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 ✓Task Complete Comments Poor Vegetation Coverage 80%survival of approved vegetation Determine cause of poor growth and and no bare areas large enough to correct the condition;replant with F-- affect function of facility, plugs or containerized plants per ap- SPRING FALL proved plans and applicable standards Ideal time to plant is spring and ✓ at time of construction.Remove ex- fall seasons cessive weeds and all invasive plants. ro ro Invasive Vegetation as Invasive vegetation found in facility. Remove excessive weeds and all CD outlined in Appendix A Examples include:Himalayan Blackber- invasive plants.Attempt to control ry;Reed Canary Grass;Teasel, even if complete eradication is not SPRING SUMMER FALL English Ivy,Nightshade,Clematis, feasible.Refer to Clean Water Services Cattail,Thistle Integrated Pest Management Plan for appropriate control methods,includ- ing proper use of chemical treatment. o Excessive Vegetation Vegetation grows so tall it competes Prune over-hanging limbs,if possible; with or shades approved emergent remove brushy vegetation as needed. SPRING wetland grass/shrubs;interferes with Prune emergent wetland grass/shrubs Ideal time to prune emergent access or becomes a fire danger that have become overgrown. wetland grass is spring Vector Control Evidence of rodents or water flowing Repair damage to facility. Remove As Needed through facility via rodent holes.Harm- harmful insects,call professional if ful insects such as wasps or hornets needed.Refer to Clean Water Services present Integrated Pest Management Plan for 2 management options. NOTARIZE DOCUMENT BELOW By: Title: pa21„i STATE OF OREGON ) i44 j 14 i/J�4 ss. County of t c�� ) This instrument was acknowledged before me on /1/1/(i/(i 12 , 20 3 ,by 4 ferlie 11 / as 1,- - of Liii �i/ '' T. 61,--Icke, I , ..-- 1 .T A PUBL' • FOR O'EGSN My Commission Expires: 1 a , 1 K�'�� OFFICIAL STAMP r r AIREIL CHRISTINE ALLEN NOTARY PUBIJC-OREGON Nu � COMMISSION NO.1036487 I MY COMMISSION EXPIRES APRIL 27,2027 CITY OF TIGARD By. -- ------/ oe Wisneiwski P.E.) 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