2019-072215 ~ 8920 SW Oak Street ~ 8910 SW Oak Street Washington County,Oregon 2019-072215
'" SDtnAE=6 M FERNANDES 10/11/2019 03:00:49 PM
$30.00$11.00$5.00 S60.00 $106.00
RETURN RECORDED DOCUMENT TO: I,Richard Hobernicht,Director of Assessment and Taxation and Es-
Officio County Clerk for Washington County,Oregon,do hereby
CITY HALL RECORDS DEPARTMENT CITY certify that the within instrument of writing was received and
recorded in the book of records of said county.
OF TIGARD Richard Hobemicht,Director of
13125 SW Hall Blvd.Tigard, Assessment and Taxation.Ex-Officio
OR 97223
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Space above reserved for Washington County Recording information
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this 17 ' day of September,2019, by and between the CITY
OF TIGARD,a municipal corporation of the State of Oregon(City)and Oak Street ACS,LLC.(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: SDMH-2B 84"PERK FILTER
v QUANTITY 1
IMPERVIOUS AREA(SQ FT) 87,700
PERVIOUS AREA(SQ FT) 5,353
FACILITY WEST DETENTION BASIN (STORM TECH
MC4500 CHAMBERS) AND SDMH 3D (FLOW
CONTROL)
QUANTITY
f v IMPERVIOUS AREA(SQ FT) 87,700
PERVIOUS AREA(SW FT) 5,353
FACILITY SDMH-5B 72" PERK FILTER
QUANTITY I
IMPERVIOUS AREA(SQ FT) 29,106
PERVIOUS AREA(SQ FT) 639
FACILITY EAST DETENTION BASIN (STORM TECH
MC4500 CHAMBERS) AND SDMH 413 (FLOW
CONTROL)
QUANTITY 1
IMPERVIOUS AREA(SQ FT) 29,106
PERVIOUS AREA(SQ FT) 639
FACILITY
QUANTITY
IMPERVIOUS AREA(SQ FT)
Page I -Private Storm Water Faci 1 ities Agreement
PERVIOUS AREA(SQ FT)
FACILITY
QUANTITY
IMPERVIOUS AREA(SQ FT)
PERVIOUS AREA(SQ FT)
FACILITY
QUANTITY
IMPERVIOUS AREA(SQ FT)
PERVIOUS AREA(SQ FT)
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:
I. OWNER RESPONSIBILITIES. 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
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
Page 2-Private Storm Water Facilities Agreement
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
INDIVIDUAL OWNERS SIGN BELOW CORPORATE,LLC PARTNERSHIP,TRUST OR
OTHER LEGAL ENTITY SIGN BELOW
Oak Street AGS,LLC
Owner(Individual) (Entity )
Alp
By n
Owner(Individual) gn here for entity)
Title: Executive Vice President
Page 3 -Private Storm Water Facilities Agreement
STATE OF • ' GON
)ss.
County of )
This instrument was acl wledged before me on ,20 ,by
as of
NOTARY P b ' IC FOR OREGON
My Commission .ires:
CITY OF TIGARD
(City Engineer)
Page 4—Private Storm water Facilities Agreement 50014-36792
5ry17
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Joaquin )
On September 12, 2019 before me, Sonia Lopez, Notary Public
(insert name and title of the officer)
personally appeared Steven L. Cohen
who proved to me on the basis of satisfactory evidence to be the rson4s)whose name/are
subscribed to the within instrument and acknowledged to me thatt'she/they executed the same in
'her/their authorized capac tylies) and that byr0'herltheir signatur on the instrument the
persons , or the entity upon behalf of which the persory($-acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
141:7111-WITNESS my hand and official seal. NotarySONIA1.01111611611611"1"11611111E2
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JBUILDING A RA%(STORM T:I. w.: R/W EAST DETENTION
SOMH-3D BUILDING B ' BASIN (stcaM
(FLOW CONTROL ,j MC 4500) `I•
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LOAL DESCRIPTION;
THAT PORTION OF THE FOLWNIING DESCR6ED PROPERTY
IMPROVED BY THF ow OF TIGARD PLANNED DEYELOPMENt
80' 0' 80' 160 REVIEW °DR2016-00017.
A TRACT OF LAND LYING IN SECTK)N 35, TOWNSHIP I
ii SCALE *1 FEET SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAM, IP.
THE CITY Of TIGARD, COUNTY Of WASHINGTON AND STATE
OF OREGON, BEING ALL Of THAT LAND CONVEYED TO OAK
STREET AGS. LLC BY DOCUMENT NO. 2017-4358D.
OAK STREET APARTMENTS
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Page 5 -Private Storm Water FaciIiticsAgreement