2011-020131 National Safety Private Stormwater Facilities Agreement Washington County, Oregon
03/11/2011 10 :01 :44 AM 201 1- 0201 31
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RETURN RECORDED DOCUMENT TO: $16.00 $6.00 $11.00 $16.00 - Total a $46.00
CITY HALL RECORDS DEPARTMENT,
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 97223 01680616201100201310030037
I, Richard Hobernlcht, Director of Assessment and aL.
Taxation and Ex- Officio County Clerk for Washington
County, Oregon, do hereby certify that the within / ;,�, ; .. Ta
Instrument of writing was received a d re orded In the I :' I
book of records of said cou {r«:w , -
Richard Hobernlcht, Director of Assessment and
Taxation. Ex- Officio County Clerk
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this 2 day of 1 r 'Gt, V 20 ( by and between the CITY OF TIGARD,
a municipal corporation of the State of Oregon (City) and NATIONAL SAFE COMPANY, INC., an Oregon corporation
(Owner).
RECITALS
A. Owner has developed or will develop the Facilities listed below.
Facility type Quantity
Water Quality Swale 1 each
Detention Facility (Detention in swale) 1 each
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 is located at 7095 SW
Gonzaga Street, Tigard, Oregon 97223, Map and Tax Lot ID No. 2S101AC00400 consisting of Lots 9 and 10 of
Washington County Subdivision Beveland No. 2. . • - • • - e : • • ' • • • • _ _ • - _ • ■ _ - ... •
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:
1. OWNER RESPONSIBILITIES Owner shall operate and maintain each Facility in accordance with an Operations
and Maintenance Plan (O &M Plan) submitted by Owner and reviewed and approved by City during the development
process.
The O &M Plan for the water quality swale shall be in accordance with Clean Water Services standards for maintenance.
At a minimum, the following procedures that use common equipment and existing maintenance protocols are required:
Page 1 of 3
a. The maintenance program must include the following as a minimum
• Inspection of the facility in the spring and fall, at a minimum
• Inspection of the facility after major storm events
• Remove invasive, non - native plants as needed to ensure they occupy no more than 20% of the site.
• Remove all trash and debris from all parts of the swale
• Mowing of dried swales as required seasonally to maintain the desired height of vegetation at three to four
inches.
• Inspection for erosion in the spring and fall and after major storm events. Any obvious damage to grass or to the
swales bottom soil bed should be repaired immediately. Seeded swales will require periodic re- seeding. Repairs
need to conform to original swale design.
• If selected grass for Swale is not performing select and plant a new grass.
• As needed, till soil at swales bottom if water does not drain out within 48 hours (swales should drain within 24
hours).
• Remove sediment build up when the swales volume is reduced
b. 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.
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 (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 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.
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.
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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 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.
CITY OF TIGA" D - .,. NATIONAL SAFETY COMPANY, INC., an Oregon Corporation
J (f
By: ( , _ j By: 1 VA
City . ager or Designee John R. Skourt�s, si ent
i
Address: NATIONAL SAFETY COMPANY, INC
17010 SW Weir Road
Beaverton, OR, 97007
STATE OF OREGON )
)
County of Washington ) /
This instrument was acknowledged before me on 4'/ / 7 f (I , 2011 by John R. Skourtes as President
of National Safety Company, Inc., an Oregon corporation.
OFFICIAL SEAL �'" a t SHIRLEY L TREAT i
) _ � N OTARY PUBLIC - OREGON 2
, � ,. COMMISSION NO. 418777 ) otary Public
MY COMMISSION EXPIRES APRIL 25, 2011
STATE OF OREGON )
)
County of Washington )
This instrument was acknowledged before me on FC-1i f Z , 2011 by i 1 � e 'Si`
as CA -T f f\4 A I ■/A c C of the City of Tigard, a municipal corporation of the State of Oregon.
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I .'�: OFFICIAL SEA Nota Public
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J BENGTSON
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NOTARY PUBUC
ION MY COMMISSION COMMI FIRES APR. 27, 2011 1
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