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2017-090173 ~ Greenburg Road Washington County,Oregon 2017-090173 RETURN RECORDED DOCUMENT TO: 11/16/2017 11:28:27 AM D-AE Cnt=1 Stn=30 CHRISTOPHERLO CITY HALL RECORDS DEPARTMENT $55.00$5.00$11.00$20.00-Total=$91,00 CITY OF TIGARD 13125 SW Hall Blvd. 11111 1111111 111111111111111 111111111 III Tigard, OR 97223 02339285201700901730130134 I,Richard Hobarnicht,Director of A ment and Taxation and Ex-Offlclo County Clark for Washington County,Oregon,do hereby certify that the within ; -,r; instrument of writing was received a d re orded in the i ( ; .,�,„ book of records of said couI � y Richard Hobernicht,Director of Assessment/, ssessment a�nd U =aiy Taxation,Ex-Officio County Clerk Space above reserved for Washington County Recording information PRIVATE STORMWATER FACILITIES AGREEMENT This Agreement is made and entered into this oto day of NoV£ntp 2017, by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon (City) and Evergreen Builders (Owner). 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) In-Ground Water Quality and Detention Quantity 1 Facility type(list each) Quantity 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 and in Exhibit A (Property) attached hereto and incorporated by reference. Tax ID Number 1 S 126DC00900, Tax Account Number R238282 See Attached Exhibit A 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 Service City's 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. Page 1 —Private Stormwater Facilities Agreement 50014-36792 2/9/2015 The O&M Plan for the water quality manhole 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 shall be inspected for damage. Inspect the manhole 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 shall be replaced after a chemical or fuel spill, regardless of their age. d. Sediment removal: Accumulated sediment found in stormwater treatment and conveyance systems shall 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. 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 that this is a debt owing to City. In addition, Owner 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 as provided in Paragraph 5. 7. FORCE AND EFFECT. This Agreement shall constitute an equitable servitude or covenant miming with the land and shall bind all owners of the Property present and future, and their heirs, successors and assigns. Page 2 —Private Stormwater Facilities Agreement 50014-36792 2/9/2015 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 ma be determined by the court having jurisdiction, including any appeal. y 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. NOTARIZE DOCUMENT BELOW CITY OF TIGARD CORPORATE,LLC PARTNERSHIP, TRUST OR OTHER LEGAL ENTITY SIGN BELOW By:...4F.,26Tz 1y )%L g , ' f . City anager or Designee � (Entity name) By: ____? ___ (Sign here for entity) STATE OF OREGON Title:�_. -- ) ss. County of i ) This instrument was acknowledged before me on ISI l � 2014, by as K, 0 SI ' A,j_., of City of Ti d. �q g sr► . OFFICIAL STAMP / ,, ..a ��: GLORIA NALLELY PINION MARIN ` �' NOTARY PUBLIC-OREGON `, COMMISSION NO.967913 NOT"RY PUBL C FORiREGON MY COMMISSION EXPIRES OCTOBER 17,2021 My Commission Expires: / U STATE OF OREGON ) - ZU Z_r ss. County of ) This instrument was acknowledged before me on r,c , _1ii_ ,b J I�•�,t ,,r►�ct,.e ---, , y - rias ' & _____.__of f 1'441rceA 11 i lt,Lc-I- dd-4s,, OFFICIAL STAMP ,: HOBBY JO CARRILLO TORRES NOTARY PUBLIC•OREGON 'PUBLIC FOR OREG N N" � COMMISSION NO.939484 / Commission Expires: (.0 DY' / MY COMMISSION EXPIRES JUNE 25,2018 Page 3 —Private Stormwater Facilities Agreement 29/2015 50014-36792 c �y Be verton -�• ,1_ Q i w �xrv. S _ __ 4--p : rner , x i a ;" s = llf"um Rd - Washington: p � .0 lEathibtt Mc Square Mall j K F # I. 7, :, ', [ 1 cc ._.J --.0,,,,,.1 ‘ J , Property benefited by facility t N , L ±, 4 j .a .,��i ml Ti ard j i a; I` Golders St Crescent 1 "1 _^" — `. - —, v Groove __ _ V_ L httaann St Cemeter i o %� E • CONTECH ENGINEERED SOLUTIONS // r Stor ► , filter Inspection and intenance Procedures ,a, k 2 t, , I I ,,,-,11, 1 i. i.q* I i m 111 tc OfJt IF ��S F 5 k itiThe Stormwater Management StormFilter Maintenance Guidelines In addition to these two activities, it is important to check The primary purpose of the Stormwater Management the condition of the StormFilter unit after major storms for StormFilter®is to filter and prevent pollutants from entering our potential damage caused by high flows and for high sediment waterways. Like any effective filtration system, periodically these accumulation that may be caused by localized erosion in the pollutants must be removed to restore the Storm Filter to its full drainage area. It may be necessary to adjust the inspection/ maintenance schedule depending on the actual operating efficiency and effectiveness. conditions encountered by the system. In general, inspection Maintenance requirements and frequency are dependent on the activities can be conducted at any time,and maintenance should pollutant load characteristics of each site. Maintenance activities occur, if warranted,during dryer months in late summer to early may be required in the event of a chemical spill or due to fall. excessive sediment loading from site erosion or extreme storms. It is a good practice to inspect the system after major storm events. Maintenance Frequency The primary factor for determining frequency of maintenance for Maintenance Procedures the StormFilter is sediment loading. Although there are many effective maintenance options,we believe the following procedure to be efficient, using common A properly functioning system will remove solids from water by equipment and existing maintenance protocols.The following trapping particulates in the porous structure of the filter media inside the cartridges.The flow through the system will naturally two-step procedure is recommended:: decrease as more and more particulates are trapped. Eventually 1. Inspection the flow through the cartridges will be low enough to require • Inspection of the vault interior to determine the need for replacement. It may be possible to extend the usable span of the maintenance. cartridges by removing sediment from upstream trapping devices on a routine as-needed basis, in order to prevent material from 2. Maintenance being re-suspended and discharged to the Storm Filter treatment • Cartridge replacement system. • Sediment removal The average maintenance lifecycle is approximately 1-5 years. Inspection and Maintenance Timing Site conditions greatly influence maintenance requirements. At least one scheduled inspection should take place per year with StormFilter units located in areas with erosion or active maintenance following as warranted. construction may need to be inspected and maintained more often than those with fully stabilized surface conditions. First, an inspection should be done before the winter season. During the inspection the need for maintenance should be Regulatory requirements or a chemical spill can shift maintenance determined and, if disposal during maintenance will be required, timing as well.The maintenance frequency may be adjusted as samples of the accumulated sediments and media should be additional monitoring information becomes available during the obtained. inspection program.Areas that develop known problems should be inspected more frequently than areas that demonstrate no Second, if warranted,a maintenance(replacement of the filter problems, particularly after major storms. Ultimately, inspection cartridges and removal of accumulated sediments)should be and maintenance activities should be scheduled based on the performed during periods of dry weather. historic records and characteristics of an individual StormFilter system or site. It is recommended that the site owner develop a database to properly manage StormFilter inspection and maintenance programs.. ,...;;,-.,.1,,, - , , ._._ /Sot .,µr N 2 Maintenance Decision Tree The need for maintenance is typically based on results of the inspection. The following Maintenance Decision Tree should be used as a general guide.(Other factors,such as Regulatory Requirements,may '***4'..„. ; a need to be considered) , „ x' 1. Sediment loading on the vault floor. ` ' a. If>4"of accumulated sediment, maintenance is = 4 ;. , required. „- 2. Sediment loading on top of the cartridge. a. If>1/4"of accumulation, maintenance is required. 3. Submerged cartridges. � � ' a. If>4"of static water above cartridge bottom for more ' , , , : than 24 hours after end of rain event, maintenance e`.x-, 4( �,o , is required. (Catch basins have standing water in the .,V.s 0.,m , ei.... . ,. ._ . cartridge bay.) Inspection Procedures 4. Plugged media. The primary goal of an inspection is to assess the condition of a. If pore space between media granules is absent, the cartridges relative to the level of visual sediment loading as maintenance is required. it relates to decreased treatment capacity. It may be desirable to conduct this inspection during a storm to observe the relative 5. Bypass condition. flow through the filter cartridges. If the submerged cartridges a. If inspection is conducted during an average rain fall are severely plugged,then typically large amounts of sediments event and StormFilter remains in bypass condition will be present and very little flow will be discharged from the (water over the internal outlet baffle wall or submerged drainage pipes. If this is the case,then maintenance is warranted cartridges), maintenance is required. and the cartridges need to be replaced. 6. Hazardous material release. Warning: In the case of a spill,the worker should abort a. If hazardous material release(automotive fluids or other) inspection activities until the proper guidance is obtained. is reported, maintenance is required. Notify the local hazard control agency and Contech Engineered Solutions immediately. 7. Pronounced scum line. a. If pronounced scum line(say>_ 1/4"thick)is present To conduct an inspection: above top cap, maintenance is required. Important: Inspection should be performed by a person who is familiar with the operation and configuration of the StormFilter treatment unit. 1. If applicable,set up safety equipment to protect and notify surrounding vehicle and pedestrian traffic. t. 2. Visually inspect the external condition of the unit and take notes concerning defects/problems. 3. Open the access portals to the vault and allow the system , vent. 4. Without entering the vault,visually inspect the inside of the unit, and note accumulations of liquids and solids. 5. Be sure to record the level of sediment build-up on the floor of the vault, in the forebay,and on top of the cartridges. If flow is occurring, note the flow of water per drainage pipe. Record all observations. Digital pictures are valuable for historical documentation. 6. Close and fasten the access portals. 7. Remove safety equipment. 8. If appropriate, make notes about the local drainage area t, i relative to ongoing construction,erosion problems, or high loading of other materials to the system. 9. Discuss conditions that suggest maintenance and make decision as to weather or not maintenance is needed. 3 Maintenance f r Depending on the configuration of the particular system, , � maintenance personnel will be required to enter the vault to �` perform the maintenance ,_. • Important: If vault entry is required,OSHA rules for confined '" .., 4 , ' i 4- space entry must be followed. -x, 1 a "{ S j K Filter cartridge replacement should occur during dry weather. It may be necessary to plug the filter inlet pipe if base flows is r occurring. Replacement cartridges can be delivered to the site or customers 4 ,,#, "' facility. Information concerning how to obtain the replacement 1 ,`.�.a, 4 ' cartridges is available from Contech Engineered Solutions. Warning: In the case of a spill,the maintenance personnel �- d should abort maintenance activities until the proper guidance ,. ;; f . .. - is obtained. Notify the local hazard control agency and f. Contech Engineered Solutions immediately. i I fir_ r To conduct cartridge replacement and sediment removal . i r , w.= maintenance: ** S Af 1. If applicable,set up safety equipment to protect maintenance �,,... a"""` ' >,' ,:e personnel and pedestrians from site hazards. I 2. Visually inspect the external condition of the unit and take notes concerning defects/problems. '; .< . .... . 3. Open the doors(access portals)to the vault and allow the * - system to vent. , *,'.4 4. Without entering the vault,give the inside of the unit, Important:Care must be used to avoid damaging the including components,a general condition inspection. cartridges during removal and installation.The cost of 5. Make notes about the external and internal condition of repairing components damaged during maintenance will be the vault. Give particular attention to recording the level of the responsibility of the owner. sediment build-up on the floor of the vault, in the forebay, C. Set the used cartridge aside or load onto the hauling and on top of the internal components. truck. 6. Using appropriate equipment offload the replacement cartridges(up to 150 lbs.each)and set aside. D. Continue steps a through c until all cartridges have been 7. Remove used cartridges from the vault using one of the removed. following methods: Method 2: Method 1: A. This activity will require that maintenance personnel enter A. This activity will require that maintenance personnel enter the vault to remove the cartridges from the under drain the vault to remove the cartridges from the under drain manifold and place them under the vault opening for manifold and place them under the vault opening for lifting(removal). Disconnect each filter cartridge from the lifting (removal). Disconnect each filter cartridge from the underdrain connector by rotating counterclockwise 1/4 of underdrain connector by rotating counterclockwise 1/4 of a turn. Roll the loose cartridge,on edge,to a convenient a turn. Roll the loose cartridge,on edge,to a convenient spot beneath the vault access. spot beneath the vault access. B. Unscrew the cartridge cap. Using appropriate hoisting equipment,attach a cable C. Remove the cartridge hood and float. from the boom,crane, or tripod to the loose cartridge. Contact Contech Engineered Solutions for suggested D. At location under structure access,tip the cartridge on its attachment devices. side. B. Remove the used cartridges(up to 250 lbs.each)from the E. Empty the cartridge onto the vault floor. Reassemble the vault. empty cartridge. F. Set the empty, used cartridge aside or load onto the hauling truck. G. Continue steps a through e until all cartridges have been removed. 4 8. Remove accumulated sediment from the floor of the Material Disposal vault and from the forebay.This can most effectively be The accumulated sediment found in stormwater treatment accomplished by use of a vacuum truck. and conveyance systems must be handled and disposed of in 9. Once the sediments are removed,assess the condition of the accordance with regulatory protocols. It is possible for sediments vault and the condition of the connectors. to contain measurable concentrations of heavy metals and 10.Using the vacuum truck boom,crane, or tripod, lower and organic chemicals(such as pesticides and petroleum products). install the new cartridges. Once again,take care not to Areas with the greatest potential for high pollutant loading damage connections. include industrial areas and heavily traveled roads. 11.Close and fasten the door. Sediments and water must be disposed of in accordance with 12.Remove safety equipment. all applicable waste disposal regulations.When scheduling 13.Finally,dispose of the accumulated materials in accordance maintenance,consideration must be made for the disposal of with applicable regulations. Make arrangements to return the solid and liquid wastes.This typically requires coordination with used empty cartridges to Contech Engineered Solutions. a local landfill for solid waste disposal. For liquid waste disposal a number of options are available including a municipal vacuum truck decant facility, local waste water treatment plant or on-site treatment and discharge. Related Maintenance Activities - Performed on an as-needed basis StormFilter units are often just one of many structures in a more , . •; comprehensive stormwater drainage and treatment system. In order for maintenance of the StormFilter to be successful, it is imperative that all other components be properly maintained. The maintenance/repair of upstream facilities should be carried # out prior to StormFilter maintenance activities. 'F In addition to considering upstream facilities, it is also important to correct any problems identified in the drainage area. Drainage area concerns may include:erosion problems, heavy oil loading, and discharges of inappropriate materials. P Y A 4'4'- ,141,01 z, tixxLwnt,: �. i b 5 Inspection Report Date: Personnel: Location: System Size: System Type: Vault Cast-In-Place Linear Catch Basin Manhole Other 7 Sediment Thickness in Forebay: Date: Sediment Depth on Vault Floor: Structural Damage: Estimated Flow from Drainage Pipes(if available): Cartridges Submerged: Yes No _ Depth of Standing Water: StormFilter Maintenance Activities(check off if done and give description) Trash and Debris Removal: ❑ Minor Structural Repairs: ❑ Drainage Area Report Excessive Oil Loading: Yes ❑ No ❑ Source: Sediment Accumulation on Pavement: Yes I No —I Source: Erosion of Landscaped Areas: Yes ❑ No ❑ Source: Items Needing Further Work: Owners should contact the local public works department and inquire about how the department disposes of their street waste residuals. Other Comments: Review the condition reports from the previous inspection visits. StormFilter Maintenance Report Date: Personnel: Location: System Size: System Type: Vault _ Cast-In-Place ❑ Linear Catch Basin ❑ Manhole _ Other _ List Safety Procedures and Equipment Used: System Observations Months in Service: Oil in Forebay(if present): Yes No Sediment Depth in Forebay(if present): Sediment Depth on Vault Floor: Structural Damage: Drainage Area Report Excessive Oil Loading: Yes No _ Source: Sediment Accumulation on Pavement: Yes E. No Source: Erosion of Landscaped Areas: Yes No ❑ Source: StormFilter Cartridge Replacement Maintenance Activities Remove Trash and Debris: Yes I I No n Details: Replace Cartridges: Yes — No — Details: Sediment Removed: Yes No _ Details: Quantity of Sediment Removed(estimate?): Minor Structural Repairs: Yes No Details: Residuals(debris,sediment)Disposal Methods: Notes: RECYCLED PAPER C=::NTECH• ENGINEERED SOLUTIONS ©2016 CONTECH ENGINEERED SOLUTIONS LLC. 800-338-1122 www.ContechES.com All Rights Reserved. Printed in the USA. Contech Engineered Solutions LLC provides site solutions for the civil engineering industry.Contech's portfolio includes bridges, drainage,sanitary sewer,stormwater and earth stabilization products. For information on other Contech division offerings,visit contech-cpi.com or call 800.338.1122. Support • Drawings and specifications are available at www.conteches.com. • Site-specific design support is available from our engineers. NOTHING IN THIS CATALOG SHOULD BE CONSTRUED AS AN EXPRESSED WARRANTY OR AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR AN Y PARTICULAR PURPOSE.SEE THE CONTECH STANDARD CONDITIONS OF SALE(VIEWABLE AT WWW.CONTECHES.COM/COS)FOR MORE INFORMATION. 800.338.1122 www.conteches.com StormFilter Inspection and Maintenance Procedures 8/2016 Contech° CMP Detention Inspection and Maintenance Gui' e a �m Maintenance st o t.._ c Tao dare Inspection AccHri,jatede,; ant ar .,Si; 1‘,..',.)1CRE.h, DERr y.c, 'o eI ect'ue maintenance oF;_MD dere ';on F-N' ' ,t_ 'he outlet or r'c I moin'_ ance of pe orr M , , C .. .� ^F-•r� rTep .�SeC, ,;.- C, ids o ;erg Jt eaya idedJ m.. ❑fed trash may..ee ur'l, ., � Iry `'F- _ ti..;t bl �O�_r'Jtr"r r'rlc „r, .(i0 be, :.,,., _ /,ca,:.,� MH a�u u h r4 �e � ��ec ii!z7�ts ..ptte a ccc A' yic ypee acO U! 4 hek. �.hrekk ttcggess MJr e 'eM.5 ae toles aped ,A ..:rh a 0n o Mste^�. clorceY.s,," pe a _ sitcj" A a' eat The Dmet ond r,e tstr.„Tior oakcc >'rio uH c b_ c_aSO ge r d�it _ .,y.. a ..r1.2,M t . � n r a e. • a op A ru t l .r tr oPn 'spec' S � aid be peorme ' re often In equidr ent ssashdoWn , A ; a pace cr .n reap:ai/r hlr_L, ,.r r ftTA EN Areasrteues rnhere sanding and/or soit.ng peratlo s ta'e pIacte if other to L5 A 5')Aces in svh,ch one wadd expect Dire _ ar ,s of sediment o, ab T1s; %car.Dr ve a .� A Systema at,D PT b rinsook mrcludmo above II-Te sproM ate r "...a ..e.S' r�[A ' , is t0 r;,, mainroDied `.� e ri' ..1E °,+erTl_ soon afterIrsocoal mossy and atter :Dry oder tmteot cse sott,co 9.,r,ts. pal art He maintenance program Jnr:; ssatcra mg a 1 r .; ',hay occur' ,atte ms.clei,eproe- Aorookhrt,o, jr; Urci,e, ura d t ro or rf l`-atior em _aeC.. sr a n Moro rs r,o ,..S''10 ,1(-1 Ike ;,r mm. _. 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