2011-020132 Autozone Private Stormwater Facilities Agreement Washington County, Oregon 2011 020132
03/11/2011 10:01:44 AM
D -IPPS Cnt ■1 Stn =7 K GRUNEWALD
After Recording Return to: $20.00 $5.00 $11,00 $16.00 - Total 6 $61.00
City of Tigard
13125 SW Hall Boulevard I II II 1111 I III I 11111 1111111
Tigard, OR 97223
01880618201100201320040048
I, Richard Hobernlcht, Director of Assessment and t!e7mL, n
Taxation and Ex- Officio County Clerk for Washington ,
County, Oregon, do hereby certify that the within
Instrument of writing was received a d re orded In the 44, ! I,
book of records of said cou • .. '„°/
Richard Hobernlcht, Director of Assessment and fib'
Taxation, Ex- Officio County Clerk
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this day of lj K4 / `s , 2011, by and between CITY OF
TIGARD, a municipal corporation of the State of Oregon (CITY), and AUTOZONE DEVELOPMENT CORPORATION, a Nevada Corporation
(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
❑ 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 is 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:
1. 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.
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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 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 terns 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 terns 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.
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IN WITNESS WHEREOF, Owner and City have signed this Agreement.
CITY OF TIG ■ RD AUTOZONE DEVELOPMENT CORPORATION
--)
By: t" _ _ I - n By:
City Imager or Designee m Grr r Vice President
J s
Address: AutoZone Development Corporation
123 S Front Street (3 Floor)
Memphis, Tennessee 38103 ,,,,, , m 13 .3
Brian L. Campbell
STATE OF OREGON ) • Vice President
County of Washington )
This instrument was acknowledged before me on Fw�n,�G4.' rr .,A ; , 1„ 8 } 6 by � -rTi (7- 1 �- �i . 2 /C ∎-
as 0 , , pr �,/�, �. N -6�i of the City of Tigard, a municipal corporation of the State of Oregon.
I _
1 # 7 V. OFFICIAL SEAL f 1 � �
J J SENGTSON ) Notary I' lic
y . NOTAAY PURt_IC -OREGON O
( COMMISSION NO. 413772 ((
( � MY COMMISSION DXIRES APR. 27, 2011 ()'
STATE OF TENNESSEE )
County of Shelby )
ti c--11—
This instrument was acknowledged before me on �'�`�^ T , 2010-by Jim Griffith as Vice President of
AutoZone Development Corporation, a Nevada Co oratio n L C0 Vice President
'----- ssj ------__
Notary Public
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Q • STATE l 9 � ' ID �� 1
OF '•1 ,
• TENNESSEE
NOTARY
• RUBUC ` ,:
.. ;i ' , � ✓ �c' • , '•`mi
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EXHIBIT A
AutoZone Private Stormwater Facility Agreement
Legal Description of Property
A TRACT OF LAND IN THE SOUTHWEST ONE - QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH,
RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD COUNTY OF
WASHINGTON AND STATE OF OREGON, SHOWN IN THE ATTACHED SKETCH AND
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF THAT PROPERTY DEEDED TO
ALEXANDER J. LUTY AND PAULINE E. LUTY AND DESCRIBED IN BOOK 355, PAGE 0074, OF
THE DEED RECORDS OF WASHINGTON COUNTY, SAID POINT OF BEGINNING BEING NORTH
89 °48'40" EAST 283.23 FEET FROM A TWO INCH IRON PIPE MARKING THE INITIAL POINT OF
MELROSE, A PLAT OF RECORD, SAID POINT ALSO BEING ON THE NORTHWESTERLY
BOUNDARY OF THE RELOCATED WEST SIDE PACIFIC HIGHWAY (OREGON STATE HIGHWAY
99, WEST);
THENCE NORTH 33 °15'17" EAST ALONG THE NORTHWESTERLY BOUNDARY OF SAID
PACIFIC HIGHWAY 85.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 56 °44'43" WEST, 140.00 FEET;
THENCE NORTH 33 °15'17" EAST, 181.15 FEET;
THENCE NORTH 56 °44'43" WEST, 28.00 FEET;
THENCE NORTH 33 °15'17" EAST 68.00 FEET;
THENCE SOUTH 56 °44'43" EAST, 168.00 FEET TO THE NORTHWESTERLY RIGHT -OF -WAY OF
SAID PACIFIC HIGHWAY;
THENCE SOUTH 33 °15'17" WEST, ALONG SAID RIGHT -OF -WAY 249.15 FEET TO THE POINT
OF BEGINNING.
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