2012-007305 Luke-Dorf Washington County, Oregon 2012 -00 ?305
2 02/02/2012 09:36:51 AM 6 J V
D - E Cnt =1 Stn =7 K GRUNEWALD
RETURN RECORDED DOCUMENT TO: $20,00 $5.00 $11.00 $15,00 Total = $51.00
CITY HALL RECORDS DEPARTMENT,
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 97223 01671370201200073050040042
I, Richard Hobernicht, Director of Assessment end y ioarrr
Taxation and Ex- Officio County Clerk for Washington . `
County, Oregon, do hereby certify that the within r 4
instrument of writing was received a d re orded In the
book of records of said cou
Richard Hobernicht, Director essment an
Taxation, Ex- Officio County Clerk
File No. SDR2009 -00003
PRIVATE STORMWATER FACILITIES
AGREEMENT
rd
This Agreement is made and entered into this 2.2 day of 3 &t 1-)41-Nry 2012, by and between the CITY OF TIGARD, a
municipal corporation of the State of Oregon (City) and LUKE -DORF, INC., an Oregon nonprofit corporation (Owner).
NAMES AND ADDRESSES:
City of Tigard Luke -Dorf, Inc.
13125 SW Hall Blvd 10313 SW 69 Avenue
Tigard, Oregon 97223 Tigard, Oregon 97223
RECITALS
A. Owner has developed the Facility listed below.
Facility type Quantity
Low - impact water quality treatment facilities 4 each adjacent to the parking areas on -site
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 facility to the public stormwater system. The consideration
for this Agreement is connection to the public stormwater system.
C. The property benefited by the facility and subject to the obligation of this Agreement located at and in the
immediate vicinity of 8915 and 8935 SW Center Street, Tigard, Oregon 97223, Map and Tax Lot ID No.
2S102AA01200 as shown in the Exhibit A, attached hereto and incorporated by reference.
D. The facilities were designed by a registered professional engineer to accommodate and treat the anticipated volume
of 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 the facilities in accordance with an Operations
and Maintenance Plan (O &M Plan) to be submitted by Owner to the City for review and approval. This O &M Plan must
be suitable for low- impact water quality treatment facilities and shall be in accordance with Clean Water Services
standards for maintenance of such facilities.
Page 1 of 3
a. The maintenance program in the O &M Plan must include the following:
• Inspection of the facilities in the spring and fall, at a minimum
• Inspection of the facilities after major storm events
• Removal of invasive, non - native plants as needed to ensure they occupy no more than 20% of the site
• Removal of all trash and debris from all parts of the facilities
• Removal of any contaminants and pollution from the facilities
• Inspection for erosion in the spring and fall and after major storm events. Any obvious damage to the facilities
shall be repaired and functionality restored.
• Removal of sediment build up when each facility's volume is reduced
• Other requirements as specified in the Clean Water Services inspection and restoration requirements for
infiltration planters /rain gardens listed in the appendices to the LIDA (Low - Impact Development Approaches)
Handbook, which is a supplement to the CWS Design and Construction Standards.
b. Owner agrees to operate, inspect and maintain the facilities 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 facility fails 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 facility. 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 facility creates 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.
Page 2 of 3
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 TIGARD LUKE -DORF, INC., an Oregon Nonprofit Corporation
�/J By: �a�- -+
,‘:),&_ By: / Howard S ,ock, Chief Executive Officer
City Manager or Designee
Address: LUKE -DORF, INC.
10313 SW 69 Avenue
Ti.ard, OR 97223
j ice, OFFICIAL / SEAL (,•
/ / ry /
STATE OF OREGON Y _
S O O GO �[AR -ORE
;, . PUBLIC OREGON
j MY COMMISSION EXPIRES MARCH 01, 2014 (,
County of Washington )
This instrument was acknowledged before me on J0-V\ • \ , 2012 by Howard Spanbock as Chief Executive Officer
of Luke -Dorf, Inc., an Oregon nonprofit corporation.
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f1--- __e__.K. 11\z-0(14-
Notary Public
Page 3 of3
- 1
EXHIBIT A
S4
8915 and 8935
SW Center Street
Tax Lot ID No.
• 2S102AA01200
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F eel
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1111111■11111