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2010-049372 MWF Tigard LLC J Washington County, Oregon 20� D_049372 06/30/2010 10:40:54 AM 3 l D-E Cnt =1 Stn =7 K GRUNEWALD S25.00 35.00 511.00 515.00 - Total = 556.00 RETURN RECORDED DOCUMENT TO: I mil 11111 on CITY HALL RECORDS DEPARTMENT, CITY OF TIGARD 13125 SW Hall Blvd. 01495899201000493720050056 Tigard, OR 97223 I, Richard HobernIcht, Director of Assessment and .4:,_,___ ', Taxation and Ex-Officio County Clerk for Washington - %'' � u'� ,, County, Oregon, do hereby certify that the within p :;_ instrument of of dwrlti of Bang was regeived and retarded In the "' �- book erne htld con� y T , Richard Hobernlc �1 � �.' , Director of Assessment and ;�v Taxation, Ex- Officio County Clerk PRIVATE STORMWATER FACILITIES AGREEMENT This Agreement is made and entered into this ,2g, day of May, 2010, by and between CITY OF TIGARD (City), an Oregon municipal corporation, and MWF TIGARD LLC, an Oregon limited liability company (Owner). RECITALS A. Owner has developed or will develop (select all applicable private stormwater facilities): © Private Stormwater Detention or Retention Facilities © Private Water Quality Treatment Facilities n Low Impact Development Facilities B. The Facilities enable development of property while mitigating the impacts of additional surface water and pollutants associated with stormwater runoff prior to discharge from the property to the public stormwater system. The consideration for this Agreement is connection to the public stormwater system. C. The property benefited by the Facilities and subject to the obligation of this Agreement are the two parcels described in Exhibit A (Property) attached hereto and incorporated by reference. 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 Services (CWS) Design and Construction Standards. E. Failure to inspect and maintain the Facilities can result in an unacceptable impact to the public stormwater system. NOW, THEREFORE, it is agreed by and between the parties as follows: I . OWNER RESPONSIBILITIES Owner shall operate and maintain each Facility in accordance with an Operations and Maintenance Plan (O &M Plan) reviewed and approved by City during the development process. The O &M Plan for the water quality storm water vault shall be in accordance with the manufacturer's recommendations for O &M. At a minimum, the following procedures that use common equipment and existing maintenance protocols are required: a. Inspection: At least once a year, before the winter season. After major storm events, filters should be inspected for damage. Inspect the vault interior to determine the need for maintenance. b. Maintenance: Frequency may be adjusted in response to monitoring information from regular inspections. c. Cartridge replacement: Replace cartridges as needed per the maintenance checklist, or every 3 years if no checklist problems exist. All cartridges should be replaced after a chemical or fuel spill, regardless of their age. d. Sediment removal: Accumulated sediment found in stormwater treatment and conveyance systems must be handled and disposed of in accordance with regulatory protocols. Owner agrees to operate, inspect and maintain each Facility in accordance with the O &M Plan. Owner shall maintain a log of inspection activities. The log shall be available to City upon request or during City inspections. Page 1 of 4 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 thirty (30) days after Owner's inspection or City notice, City shall have the right to have any Deficiencies corrected. City (1) 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 and 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 at such uniformly applied rates as may be established by the City from time to time. 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. 7. FORCE AND EFFECT This Agreement has the same force and effect as any deed covenant running with the land and shall benefit and 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 Washington County. 9. PREVAILING PARTY In any action brought by either party to enforce the tenns 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 of 4 IN WITNESS WHEREOF, Owner and City have signed this Agreement. CITY OF • r R an Oregon municipal corporation MWF TIGARD LLC, an Oregon limited Iiability company By: Stillhouse Hollow Ventures, LLC, an Oregon limited By: _ .1. liability compan ► • Hager City M% lager or Designee Address: 13125 SW Hall Blvd ess A. Wetsel, Manager Tigard, OR 97223 Address: c/o The Wetsel Company 2123 NW Aloclek Drive, Suite 1203 Hillsboro, OR 97124 STATE OF OREGON ) ) County of INA 1)\j G f O4 ) This instrument was acknowledged before me on '( 2S 2010 by (IRA-1 PRD55E - (name of person) as 0. fry (title) of the City of Tigard, a municipal corporation of the State of Oregon. / r S „'. O SEAL ) / �/ / ey �C SON F) NOTARY_; 1 C- OREGON f U N t Public ' x'10.413772 } MY COMMISSION E .; _ . IPFI. 27, 2011 1 STATE OF OREGON ) County of L,k- 11, 4-e ) J This instrument was acknowledged before me on May 2 2010 by Jess A. Wetsel as Manager of Stillhouse Hollow Ventures, LLC, Manager of MWF Tigard LLC. n - r I OFFICIAL SEAL. gdary Public Elw LAURIE UUCILANI FRANKUN ;tr NOTARY PUBLIC — OREGON `11..-toor COMMISSION NO.420042 MY COMMISSION EXPIRES AUGUST 7, 2011 03504410000612229681 v5 Page 3 of 4 EXHIBIT A PARCEL 1: A portion of Lot 10, WILLOWBROOK FARM, in the City of Tigard, Washington County, Oregon, described as follows: Beginning at a 5/8 inch iron rod at the intersection of the Easterly line of Pacific Highway (Highway 99 -West) with a line 25.0 feet Southwesterly from (when measured at right angles to) the center line of Naeve Road (Washington County Road No. 900); thence South 62° 48' East on a line parallel with the center line of said Naeve Road, a distance of 262.72 feet; thence South 0° 06' 30" East 120.85 feet to a bar at the true point of beginning of the tract herein described; thence continuing South 0° 06' 30" East 100.00 feet to a bar; thence North 89° 52' West 321.00 feet to a point in the easterly right of way line of SW Pacific Highway; thence Northerly 28.00 feet along said right of way line and along the arc of a 2905.0 foot radius curve to the left to a pipe at the end of a curve; thence North 14° I8' 30" East 75.14 feet to a bar; thence South 89° 52' East 294.73 feet to the true point of beginning. Excepting therefrom that portion described in Deed for road purposes, recorded February 16, 1994 as Fee No. 94015432 and subsequently dedicated by Deed recorded June 29, 1995, as Fee No. 95044606. PARCEL II: A portion of Lot 10, WILLOWBROOK FARM, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at a 5/8 inch iron rod at the intersection of the Easterly line of Pacific Highway (Highway 99 -West) with a line 25.0 feet Southwesterly from (when measured at right angles to) the center line of Naeve Road (Washington County Road No. 900); thence South 62° 48' East on a line parallel with the center line of said Naeve Road 252.72 feet; thence South 0° 06' 30" East 20.85 feet to the true point of beginning of the tract herein described; thence continuing South 0° 06' 30" East 100.0 feet to a bar; thence North 89° 52' West 294.73 feet to a bar in the Easterly right of way line of SW Pacific I- lighway; thence North 14° 18' 30" East 103.14 feet along said right of way line to a bar; thence South 89° 52' East 269.45 feet to the true point of beginning. 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