HomeMy WebLinkAbout2021-049263 - Private Stormwater Agreement Washington County,Oregon 2021-049263
• • 04/22/2021 02:29:06 PM
D-AE Cnt=1 Stn=8 3 CHOATE
$110.00$5.00$11.00$60.00-Total=$186.00
RETURN RECORDED DOCUMENT TO:
CITY HALL RECORDS DEPARTMENT 02748670202300492630220224
CITY OF TIGARD I,Joe Nelson,interim Director of Assessment and
13125 SW Hall Blvd. Taxation and Ex-Officio County Clerk for Washington ' -•
County,Oregon,do hereby certify that the within
Tigard,OR 97223 instrument of writing was received and recorded in the ,j ,,
book of records of said county. r ., •x ,.
Joe Nelson,Interim 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 day of ,20�by and
between the CITY OF TIGARD,a municipal corporation of the State of Oregon(City)and Fields Apartments
Limited Partnership,an Oregon Limited Partnership. (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 FLOW CONTROL MANHOLE(SDFC-1B PVT)
Quantity
Impervious Area(sq ft) 179
Pervious Area(sq ft) 128,675
Facility CONTECH 54"SRPE UNDERGROUND
DETENTION(NORTH UPPER)
Quantity
Impervious Area(sq ft) ,381
Pervious Area(sq ft) 132,894
Facility FLOW CONTROL MANHOLE(SDFC-1N)
Quantity 1
Impervious Area(sq ft) 1,381
Pervious Area(sq ft) 132,894
Facility CONTECH 60"SRPE UNDERGROUND
DETENTION(NORTH LOWER)
Quantity
Impervious Area(sq ft)
Pervious Area(sq ft) 12,894
Facility _1DA R1
Quantity 1
Impervious Area(sq ft) ' 204
Pervious Area(sq ft) 3,263
Facility LIDA R2
Quantity I
Impervious Area(sq ft) ?6
Pervious Area(sq ft) _857
Facility LIDA R5
Quantity 1
Impervious Area(sq ft)
Pervious Area(sq ft) 16,810
Facility LIDA M1
Quantity 1
Impervious Area(sq ft) 98
Pervious Area(sq ft) 956
Facility LIDA R7
Quantity 1
Impervious Area(sq ft) ;8
Pervious Area(sq ft) z,904
Facility LIDA R8
Quantity 1
Impervious Area(sq ft) R50
Pervious Area(sq ft) 11
Facility PVT VEGETATED SWALE(1 &2)
Quantity
Impervious Area(sq ft)28,483
Pervious Area(sq ft) ')
Facility "'" '",
Quantity
Impervious Area(sq ft) 701
Pervious Area(sq ft) 971
Facility LIDA R3
Quantity 1
Impervious Area(sq ft) '420
Pervious Area(sq ft) 23,436
Facility LIDA R4
Quantity 1
Impervious Area(sq ft) 315
Pervious Area(sq ft) U 5,622
Facility LIDA M3
Quantity 1
Impervious Area(sq ft)
Pervious Area(sq ft) ,_.:..1
Facility LIDA R9
Quantity 1
Impervious Area(sq ft) 39
Pervious Area(sq ft) 1,440
Facility LIDA R10
Quantity 1
Impervious Area(sq ft) 492
Pervious Area(sq ft) 4.443
Facility LIDA R11
Quantity
Impervious Area(sq ft) 5
Pervious Area(sq ft) 1.570
Facility LIDA R.15
Quantity 1
Impervious Area(sq ft)11,623
Pervious Area(sq ft) 15.4 I<+
Facility LIDA R16
Quantity
Impervious Area(sq ft)
Pervious Area(sq ft) 22.1 02
Facility LIDA R13
Quantity 1
Impervious Area(sq ft)
Pervious Area(sq ft) 19,885
Facility LIDA M4
Quantity 1
Impervious Area(sq ft) ' 038
Pervious Area(sq ft) 875
Facility LIDA R14
Quantity I
Impervious Area(sq ft) ,85
Pervious Area(sq ft) 10,289
Facility :LIDA M5A
Quantity
Impervious Area(sq ft) .0
Pervious Area(sq ft) 11,585
Facility LIDA RI 7
Quantity I
Impervious Area(sq ft) 378
Pervious Area(sq ft) 20,894
Facility RAIN GARDEN M5
Quantity 1
Impervious Area(sq ft)
Pervious Area(sq ft) 4,567
Facility LIDA RI 8
Quantity 1
Impervious Area(sq ft) 73
Pervious Area(sq ft) 11,051
Facility LIDA RI
Quantity
Impervious Area(sq ft)2,069
Pervious Area(sq ft) 2,203
Facility LIDA R20
Quantity I
Impervious Area(sq ft) 62
Pervious Area(sq ft) •';a
Facility LIDA R21.
Quantity
Impervious Area(sq ft) )4
Pervious Area(sq ft) 2,234
Facility CONTECH 60"SRPE UNDERGROUND
DETENTION(SOUTH)
Quantity 1
Impervious Area(sq ft) ',876
Pervious Area(sq ft) 142,192
Facility LIDA M6
Quantity
Impervious Area(sq ft)
Pervious Area(sq ft) I fit,I
Facility
Quantity I
Impervious Area(sq ft)2,524
Pervious Area(sq ft) 2.469
Facility LIDA RI 2
Quantity I
Impervious Area(sq ft) i85
Pervious Area(sq ft) 1,913
Facility STORMDRAIN MANHOLE(SDMH-6C)
Quantity
Impervious Area(sq ft)'I 57 R76
Pervious Area(sq ft)
Facility LIDA W9
Quantity
Impervious Area(sq ft) 15
Pervious Area(sq ft) 2.463
Facility LIDA WS
Quantity
Impervious Area(sq ft)
Pervious Area(sq ft)
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.
Parcels 1 and 2, of Partition Plat 2021-oo -, in the City of Tigard,Washington County and State of Oregon.
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".
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.
NOTARIZE DOCUMENT BELOW
INDIVIDUAL OWNERS SIGN BELOW CORPORATE,LLC PARTNERSHIP TRUST OR
OTHER LEGAL ENTITY SIGN BELOW
Fields Apartments Limited Partnership_
Owner(Individual) (Entity name)
By: DBG Fields Apartments LLC
Owner(Individual) Its:Managing General Partner
Signature:
Title: Member of Managing General Partne>
STATE OF OREGON )
)ss.
County of Multnomah )
This instrument was acknowledged before me this day of April,2021 by Walter O.Grodahl,III,
as Manager,of DBG Fields Apartments LLC,an Oregon limited liability company,as Managing General
Partner,of Fields Apartments Limited Partnership,an Oregon limited partnership,on behalf of the
partnership.
•
OFFICIAL STAMP
Notary's Signature ` rr, 134r ,r. MELORA aU BANKER
NOTARY PUBIC-OREGON
My Commission Expires: October 28,2022 COMMISSION NO.980760
MY COMMISSION EXPIRES OCTOBER 28,2022
CITY OF TIGARD
By:
City Engineer)
Page 4—Private Storm water Facilities Agreement 5001446792
6/247
RETURN RECORDED DOCUMENT TO:
CITY HALL RECORDS DEPARTMENT
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 97223
"ATTACHED FOR LEGIBILITY PURPOSES"
Space above reserved for Washington County Recording information
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this day of , 20 ,by and
between the CITY OF TIGARD, a municipal corporation of the State of Oregon(City) and Fields Apartments
Limited Partnership, an Oregon Limited Partnership. (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 FLOW CONTROL MANHOLE (SDFC-1B PVT)
QUANTITY
IMPERVIOUS AREA (SQ FT) 89,179
PERVIOUS AREA(SQ FT) 128,675
FACILITY CONTECH 54" SRPE UNDERGROUND
DETENTION (NORTH UPPER)
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 113,381
PERVIOUS AREA(SQ FT) 132,894
FACILITY FLOW CONTROL MANHOLE(SDFC-1N)
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 113,381
PERVIOUS AREA (SQ FT) 132,894
Page 1 —Private Storm water Facilities Agreement 50014-36792
6/2/17
FACILITY CONTECH 60" SRPE UNDERGROUND
DETENTION(NORTH LOWER)
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 113,381
PERVIOUS AREA(SQ FT) 132,894
FACILITY LIDA R1
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 12,204
PERVIOUS AREA(SQ FT) 3,263
FACILITY LIDA R2
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 8,526
PERVIOUS AREA(SQ FT) 2,857
FACILITY LIDA R5
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 11,109
PERVIOUS AREA(SQ FT) 16,810
FACILITY LIDA M1
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 11,998
PERVIOUS AREA(SQ FT) 956
FACILITY LIDA R7
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 6,058
PERVIOUS AREA(SQ FT) 5,904
FACILITY LIDA R8
QUANTITY 1
Page 2—Private Storm water Facilities Agreement 50014-36792
6/2/17
IMPERVIOUS AREA (SQ FT) 14,830
PERVIOUS AREA(SQ FT) 41,135
FACILITY PVT VEGETATED SWALE(1 &2)
QUANTITY 1
IMPERVIOUS AREA(SQ FT) 28,483
PERVIOUS AREA(SQ FT) 0
FACILITY LIDA M2
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 11,701
PERVIOUS AREA(SQ FT) 971
FACILITY LIDA R3
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 12,420
PERVIOUS AREA(SQ FT) 23,436
FACILITY LIDA R4
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 11,815
PERVIOUS AREA(SQ FT) 13,622
FACILITY LIDA M3
QUANTITY 1
IMPERVIOUS AREA(SQ FT) 6,344
PERVIOUS AREA(SQ FT) 12,990
FACILITY LIDA R9
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 8,469
PERVIOUS AREA(SQ FT) 1,440
Page 3 —Private Storm water Facilities Agreement 50014-36792
6/2/17
FACILITY LIDA R10
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 15,492
PERVIOUS AREA(SQ FT) 4,443
FACILITY LIDA RI 1
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 9,315
PERVIOUS AREA(SQ FT) 3,570
FACILITY LIDA R15
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 11,623
PERVIOUS AREA(SQ FT) 15,419
FACILITY LIDA R16
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 12,528
PERVIOUS AREA(SQ FT) 22,102
FACILITY LIDA R13
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 10,841
PERVIOUS AREA(SQ FT) 19,885
FACILITY LIDA M4
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 11,038
PERVIOUS AREA(SQ FT) 875
FACILITY LIDA R14
QUANTITY 1
Page 4—Private Storm water Facilities Agreement 50014-36792
6/2/17
IMPERVIOUS AREA (SQ FT) 4,585
PERVIOUS AREA(SQ FT) 10,289
FACILITY LIDA M5A
QUANTITY 1
IMPERVIOUS AREA(SQ FT) 2,810
PERVIOUS AREA(SQ FT) 11,585
FACILITY LIDA R17
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 11,878
PERVIOUS AREA(SQ FT) 20,894
FACILITY RAIN GARDEN M5
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 14,656
PERVIOUS AREA(SQ FT) 8,567
FACILITY LIDA R18
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 3,573
PERVIOUS AREA(SQ FT) 11,051
FACILITY LIDA R19
QUANTITY 1
IMPERVIOUS AREA(SQ FT) 2,069
PERVIOUS AREA (SQ FT) 2,203
FACILITY LIDA R20
QUANTITY 1
IMPERVIOUS AREA(SQ FT) 1,862
PERVIOUS AREA(SQ FT) 954
Page 5 —Private Storm water Facilities Agreement 50014-36792
6/2/17
FACILITY LIDA R21
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 3,304
PERVIOUS AREA(SQ FT) 2,234
FACILITY CONTECH 60" SRPE UNDERGROUND
DETENTION(SOUTH)
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 157,876
PERVIOUS AREA(SQ FT) 142,192
FACILITY LIDA M6
QUANTITY 1
IMPERVIOUS AREA(SQ FT) 13,752
PERVIOUS AREA(SQ FT) 1,201
FACILITY LIDA R22
QUANTITY 1
IMPERVIOUS AREA(SQ FT) 2,524
PERVIOUS AREA(SQ FT) 2,469
FACILITY LIDA R12
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 10,585
PERVIOUS AREA(SQ FT) 1,913
FACILITY STORMDRAIN MANHOLE(SDMH-6C)
QUANTITY 1
IMPERVIOUS AREA(SQ FT) 157,876
PERVIOUS AREA(SQ FT) 142,192
FACILITY LIDA W9
QUANTITY 1
Page 6—Private Storm water Facilities Agreement 50014-36792
6/2/17
•
•
IMPERVIOUS AREA (SQ FT) 4,515
PERVIOUS AREA(SQ FT) 2,463
FACILITY LIDA W8
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 6,222
PERVIOUS AREA (SQ FT) 7,336
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".
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.
Page 7—Private Storm water Facilities Agreement 50014-36792
6/2/17
•
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.
NOTARIZE DOCUMENT BELOW
INDIVIDUAL OWNERS SIGN BELOW CORPORATE. LLC PARTNERSHIP, TRUST OR
OTHER LEGAL ENTITY SIGN BELOW
Owner(Individual) (Entity name)
By:
Owner(Individual) (Sign here for entity)
Title:
Page 8 —Private Storm water Facilities Agreement 50014-36792
6/2/17
STATE OF OREGON )
ss.
County of )
This instrument was acknowledged before me on , 20 , by
as of City of Tigard.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
CITY OF TIGARD
By:
(City Engineer)
Page 9—Private Storm water Facilities Agreement 50014-36792
6/2/17
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60' 0' 60' 120'
SCALE IN FED
FIELDS APARTMENTS
Otak 808 SW Third Ave Onuetak,S Inc.
300 Ti.. 2S10100: PARCEL 1 + PARCEL 2
te.
//„ Portland,28 .6825 PRIVATE STORM WATER FACILITIES
503.287825
www.otak.com SHEET 1 OF 5
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