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2016-067778 ~ 8500 & 8512 SW Spruce Street ~ 85th Avenue 1 1 Y Washington County,Oregon 2016-067778 06/24/2016 01:52:38 PM 0-AE Cnt-1 stn-11 C WHITE After Recording Return to: $15.00$5.00$11,00$20.00-Total-$51.00 Clean Water Services 2550 SW Hillsboro Hwy. 111111111111111111111111111111111111 Hillsboro,OR 97123 02195019201600677780030032 I,Richard Hobsrnloht,Director of Aeatumerrt and , 7,,V f,, Taxation and Ex-Ofnolo County Clerk for Washington ,q- , , County,Oregon,do hereby certify that the within til,,' ,'i'',i) Instrument of wilting was received a d dad In the F r.:: book of records of said cou Project No.:9766 Richard Hobsrnlcht,Director of Assessment an �;r.• TLID: I N 119AB00900 Taxation,Ex omclo County Clerk PRIVATE STORMWATER FACILITIES AGREEMENT This Agreement is made and entered into this I. `T day of c,c 2Q1�by and between Clean Water Services (District)and Bethany Development,LLC,an Oregon limited liabih company(Owner)whose address is PO Box 3308,Salem,OR 97302. 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 type(list each): Contech Storm Filter Manhole Quantity:One(1) 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 below or in Exhibit A(Property)attached hereto and incorporated by reference. A portion of the North one-half of Section 19, Township 1 North, Range 1 West, of the Willamette Meridian, in Washington County, Oregon,said portion being more particularly described as follows: Beginning at a point on the centerline of N.W. Springville Road (C.R. No. A-3) which bears West 573.39 feet from the Northeast corner of the H.B. Bones D.L.C. No. 62 and running thence West 192.02 feet to the North Quarter corner of said Section 19;thence North 89°55'33"West along the North line of said Section 56.46 feet; thence South 323.07 feet;thence East 203.47 feet;thence North 32°00'18"East 84.92 feet;thence North 250.99 feet to the point of beginning. 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 District's Design and Construction Standards. E. Failure to inspect and maintain the Facilities can result in an unacceptable impact to the public stormwater system. Page 1 of 3 NOW,THEREFORE,it is agreed by and between the parties as follows: 1. OWNER INSPECTIONS District shall provide Owner an Operations and Maintenance Plan(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 of inspection activities. The log shall be available to District upon request or during District 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. DISTRICT INSPECTIONS Owner grants District the right to inspect the Facilities. District will endeavor to give ten(10)days prior written notice to Owner,except that no notice shall be required in case of an emergency. District shall determine whether Deficiencies need to be corrected. Owner(at the address provided in this Agreement,or such other address as Owner may designate in writing to District)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. DISTRICT CORRECTIONS If correction of all Owner or District identified Deficiencies is not completed within thirty(30)days after Owner's inspection or District notice,District shall have the right to have any Deficiencies corrected. District(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 District for work performed to correct the Deficiencies(District Correction Costs) following Owner's failure to correct any Deficiencies in the Facilities.Owner shall pay District the District Correction Costs within thirty(30)days of the date of the invoice.Owner understands and agrees that upon non-payment,District Correction Costs shall be secured by a lien on the Property for the District Correction Cost amount plus interest and penalties. 6. EMERGENCY MEASURES If at any time District reasonably determines that the Facilities create any imminent threat to public health,safety or welfare,District may immediately and without prior notice to Owner take measures reasonably designed to remedy the threat. District 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,District 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. Page 2 of 3 i 1 IN WITNESS WHEREOF,Owner and District have signed this Agreement. NOTARIZE DOCUMENT BELOW BETHANY DEVELOPMENT,LLC CLEAN WATER SERVICES An Oregi imi ed li:bil ty company By: S By: / David A.Montagne,Manager General Mana.it,r Designee APPROVED AS TO FORM 1\l,d ai �il.44:11✓ District Counse [Use this notary block if OWNER is an entity.] STATE OF OCC. o n ) County of Pt a el'a Y1 ) This instrument was acknowledged before me on LAS-- t-7, Z CD) Co (date)by David A.Montagne as Manager of Bethany Dedie•ment, C, ..'/iregon limited liability company. er EliaN• v Puy / OFFICIAL STAMP �,�- JEREMY JOHN ©RENZ v NOTARY PUBLIC . OREGON �,'r;� COMMISSION NO.926697 MY COMMISSION EXPIRES APRIL 14,2018 Page 3 of 3