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2017-087992 ~ 14165 SW 125th Avenue Washington County,Oregon 2017-087992 RETURN RECORDED DOCUMENT TO: 11/07/2017 01,03;56 PM D-AE Cnt=1 Stn=30 RECORDS1 CITY HALL RECORDS DEPARTMENT $35.00$5.00$11.00$20.00-Total=$71.00 CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 02336889201700879920070078 I,Richard Hobernicht,Director of Assessment and ,, . Taxation and Ex-Officio County Clerk for Washington ,.' County,Oregon,do hereby certify that the within instrument of writing was received and re orded in the book of records of said coin Itetru> .fJ Ed Richard Hobernicht,Director of Assessment and ;" 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 a ' �� day of 0040-1 , 20111, by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon(City)and Pacific Lifestyle Homes (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) Infiltration Planter/Rain Garden Quantity 1 4�U sem : 20 1 — DO 1 ©51 B. The Facilities enable development of property while mitigating the impacts of additional surface water and pollutants associated with storm water runoff prior to discharge from the property to the public storm water system. The consideration for this Agreement is connection to the public storm water 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. 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 storm water system. NOW, THEREFORE, it is agreed by and between the parties as follows: 1. OWNER RESPONSIBILITI IH S. The City shall provide Owner an Operations and Maintenance (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 on inspection activities. The log shall be available to the City upon request during City inspections Page 1 —Private Storm water Facilities Agreement 5001436792 6/2/17 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 the timeframe set forth in Section 3, 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 if such imminent threat arose from a Deficiency with the Facilities, 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 running with the land and shall 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. NOTARIZE DOCUMENT BELOW Page 2—Private Storm water Facilities Agreement 50014-36792 62/17 INDIVIDUAL OWNERS SIGN BELOW CORPORAT'E, LLC PARTNERSHIP, TRUST OR OTHER LEGAL ENTITY SIGN BELOW c1 Owner(Individual) (Entity name) b/1/A24/ By: Owner(Individual) (Sign here for entity) Title: STATE OF OREGON ) ) ss. County of This instrumentewas acknowledged'lbefore me on Dcitbbbc 1U , 20 ) -I-, by --FtW `c-+1�"te{i1swaa�`r (s of City of Tigard. OFFICIAL STAMP er` ROBERT DARREL BRUNDIDGE •\„,.„1,-7))1'-'` NOTARY Pusuc-OREGON NOTARY PUBLIC FUR OREGOIN- N.- COMMISSION NO 961652 My Commission Expires: O$ y i L)/Zv MY COMMISSION EXPIRES MAY 14,2021 CITY OF TIGARD (City Engineer) Page 3 -Private Storm water Facilities Agreement 50014-36792 6!2/17 f PCO /ON NOTT5 PARKING D itq5im., vr31.cc+15-11LT1 ENTmtW SILT FENCE AS NEEDED TO AREA o l;5"aL�ANU M�t'NrA1.�!nit -, KEEP MATERIAL ON SITE ! 0(-Cliff'V Nul3C0 5C1c.5�i:^xC;;!,tiKL, 0'"AlNTANC'.riN ANC O,Ppek.�J..2;f9 1r�` 424.00 430.00 S89'S0'20rW O 250.00' LOT ARTA 2;'a?; 5!` i-.. 3t. t UILDING COI/EC/JOE '217442: I 422.7%i� 70' ,9PIVEN.AY ARTA 4)6(,-,5r —. l 5 . — — ___ w w rorA1I_COVEP>fi6L 8,5,'/6 < [o o — _ . a5 70' Z PEPGENT C-V?S 2.891 W O I '-.•PLAN 36...5.3.“ W _ LD 4"-- co as z ¢ i r Q G�t"i9P�1/G iC�I' ,cQ Oct28 \ __ '�' ti - --- c>` O ! b •" H w LOCATION of SI-PIPED WELL. I SCALE:1"=30' 0. 0 --20'--Ip p In u ,` \ 1 0im N 5 LOCATION or CONNE4TION 4.1 L-- I \_ � 0'ro SET-TIC 5YT Irl 13X16 COVERED PATIO _ - - P LOCATION OF PPCjVIDED 2'x2'RIPRAP o-- L_ r I (I) ELECrk'ICAL CONNECTION OVERFLOW PAD 35._31. '� 2 5W LOCATION OF PPOVIDED ,'� -.rOP.M CONN1"CTKON IA • S8905►'20'W /r 1::.69' ��I I---25'- -25'-- 424.00 (-1430.00 O 15'x18'(270 SF)RAIN GARDEN TO BE o o INSTALLED PER CLEAN WATER p n SERVICES REQUIREMENTS •o 1 Z COLLECT ALL RAIN DRAINS cn nJ AND CRAWLSPACE LOW-POINT D O TO RAIN GARDEN Infiltration Planter / Rain Garden Operation and Maintenance Plan Annual inspections are required. It is recommended that the facility is inspected on a monthly basis to ensure proper function.The plan below describes inspection and maintenance activities, and may be used as an inspection log. Contact the design engineer, Clean Water Services or City representative for more information. Identified Problem Condition to Check for Maintenance Activity Maintenance Timing V Task Complete Comments Invasive Vegetation as Invasive vegetation found in facility. Remove excessive weeds and all outlined in Appendix A Examples include:Himalayan Blackberry; invasive plants.Attempt to control 9: Reed Canary Grass;Teasel; English Ivy; even if complete eradication is not * Nightshade;Clematis;Cattail;Thistle; feasible. Refer to Clean Water Services IMP a Scotch Broom Integrated Pest Management Plan for SPRING SUMMER FALL CD appropriate control methods,including o proper use of chemical treatment. CD M 0 3 Obstructed Inlet/Outlet Material such as vegetation,trash, Remove blockages from facility ;, , ro sediment is blocking more than 10% 44 a of the inlet pipe or basin opening WINTER SPRING o Inspect after major storm r (1-inch in 24 hours) ro a Q. Excessive Vegetation Vegetation grows so tall it competes Cut tall grass 4" to 6"and remove ci- o with or shades approved emergent clippings. Prune emergent wetland sir wetland grass/shrubs;interferes with grass/shrubs that have become SPRING access or becomes a fire danger overgrown. Ideal time to prune emergent wetland grass is spring.Cut grass during dry months Tree/Shrub Growth Tree/shrub growth shades out Prune trees and shrubs that block sun wetland/emergent grass in treatment from reaching treatment area.Remove area. Interferes with access for trees that block access points. WINTER C maintenance/inspection Do not remove trees that are not interfering with access or maintenance Ideal timing for pruning trees is IA without first contacting Clean Water winter Services or local City. ela Z Infiltration Planter / Rain Garden Operation and Maintenance Plan (continued) i Annual inspections are required. It is recommended that the facility is inspected on a monthly basis to ensure proper function.The plan below describes inspection and maintenance activities, and may be used as an inspection log. Contact the design engineer, Clean Water Services or City representative for more information. s� Identified Problem Condition to Check for Maintenance Activity Maintenance Timing V Task Complete Comments Hazard Trees Observe dead,dying or diseased trees Remove hazard trees. A certified As Needed arborist may need to determine health of tree or removal requirements Poor Vegetation Coverage 80% survival of approved vegetation Determine cause of poor growth and o and no bare areas large enough to correct the condition.Replant per the '4 affect function of facility. approved planting plan and applicable 5 SPRING FALL standards at the time of construction. Ideal time to plant is spring and r Remove excessive weeds and all fall seasons rD invasive plants. rD o , rDTrash and Debris Visual evidence of trash,debris or Remove trash and debris from facility. '---%; dumping Dispose of properly 'ilii D SPRING SUMMER FALL WINTER O a `n Contaminants and Pollu- Evidence of oil,gasoline,contaminants If contaminants or pollutants are co tion or other pollutants.Look for sheens, present,coordinate removal/cleanup � F ;i odor or signs of contamination. with local jurisdiction SPRING SUMMER FALL WINTER o 0 Erosion Erosion or channelization that impacts Repair eroded areas and stabilize using or effects the function of the facility or proper erosion control measures. , , creates a safety concern Establish appropriate vegetation as ; , Iiii needed. FALL WINTER SPRING Flow Not Distributed Flows unevenly distributed through Level the spreader and clean so Evenly planter width due to uneven or that flows spread evenly over entire clogged flow spreader planter width ,n. WINTER Sr'P, G LC Ln • Infiltration Planter / Rain Garden Operation and Maintenance Plan (continued) Annual inspections are required. It is recommended that the facility is inspected on a monthly basis to ensure proper function.The plan below describes inspection and maintenance activities, and may be used as an inspection log. Contact the design engineer, Clean Water Services or City representative for more information. Identified Problem Condition to Check for Maintenance Activity Maintenance Timing V Task Complete Comments Vector Control Evidence of rodents or water piping Repair facility if damaged.Remove As Needed through facility via rodent holes. harmful insects,use professional if 0 Insects such as wasps and hornets needed.Refer to Clean Water Services interfere with maintenance/inspection Integrated Pest Management Plan for v activities management options ro rD Sediment Accumulation in Sediment depth in treatment area Remove sediment from treatment Treatment Area exceeds 3 inches area.Ensure planter is level from CD side to side and drains freely toward SUMMER FALL outlet;no standing water within 24 hours after any major storm(1-inch Ideally in the dry season in 24 hours) (to Standing Water Standing water in the planter Remove sediment or trash blockages; o between storms that does not drain improve end to end grade so there is o freely.Water should drain after 24 no standingwater 24 hours after anyWINTER SPRING Y hours of dry weather major storm(1-inch in 24 hours) Inspect after major storm (1-inch in 24 hours) Grate Damaged, Missing Grate is missing or only partially in Grate must be in place and meets As Needed or Not in Place place may have missing or broken design standards.Replace or repair grate members any open structure a