2020-001128 Washington County,Oregon 2020-001128
01/06/2020 03:11:50 PM
"RETURN RECORDED DOCUMENT TO: D-AE Cnt=1 Stn=30 RECORDSI
CITY HALL RECORDS DEPARTMENT $30.00$5.00$11.00$60.00$20.00-Total=$126.00
CITY OF TIGARD 111111111111111111111111 I I III 111111
13125 SW Hall Blvd.
Tigard, OR 97223 02554263202000011280060064
I,Richard Hobernicht,Director of Assessment and „„.,R.321,.,
Taxation and Ex-Officio County Clerk for Washington 4
County,Oregon,do hereby certify that the within
instrument of writing was received a d reorded
book of records of said cou
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_22nd day of October , 2019, by and
between the CITY OF TIGARD, a municipal corporation of the State of Oregon (City) The Tigard Tualatin
School District. (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 TEMPLETON ELEMENTARY
QUANTITY NORTH BASIN POND "A" (1) & SD FCMI-I-A
IMPERVIOUS AREA (SQ FT) 267,000 SQ FT
PERVIOUS AREA(SQ FT) 8,849 SQ. FT.
FACILITY TEMPLE TON LLE NIENT AWN
QUANTITY SOUTH BASIN POND "B" (1) & SD FCMH-B
IMPERVIOUS AREA (SQ FT) 116,250 SQ. FT.
PERVIOUS AREA (SQ FT) 4,977 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.
Page 1 —Private Storm water Facilities Agreement 50014-36792
6/2/17
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 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 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
Page 2—Private Storm water Facilities Agreement 50014-36792
62/17
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
Tigard Tualatin School District
Owner(Individual) (Entity ame)
By: I,
fi /
Owner(Individual) (Sign he e for entity)
Title: CFO
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledged before me on October 22 , 20 19 , by
David C. Moore as CFO of Tigard Tualatin School District.
t Ai
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OFFICIAL STAMP
f -1:w.':: PATRICIA CLAUSEN ROBERTS NOTARY PUBLIC FOR OREGON
4 NOTARY PUBLIC-OREGON
N,i . 1 My NO.964263 y Commission Expires: 1
MY COMMISSION EXPIRES JULY 04,2021
CITY OF TIGARD
By: 01--
(City Engineer)
Page 3 —Private Storm water Facilities Agreement 50014-36792
6/2/17
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MANHOLE FRAME AND—\\ a__....
. . COVER AS SPECIFIED /FINISH GRADE
10" THICK PRECAST
26" It CONCRETE SLAB
MAX, __0_,...*—..t_ *„..-2.„ .1_,./e
i •
)
PROVIDE LIFT HANDLE
TOP RUNG 2 " 1" DIA. ROD
PRECAST SECTIONS,
LADDER 60" HEIGHT VARIES. SEE
RUNGS, DIA. NOTE 1.
12" 00,
TYP, -tr OVERFLOW
IE=250,5
IE--.250.2 S/S PIPE COLLARS (MIN.
PREFORMED -.00 2" 1MDE) WITH )f" S/S BOLT, TW.
RUBBER MIN. OF 2 STRAPS
GASKET
12" DIA.
FABRICATED SOLID WALL
HOPE TEE PER
9" DIA. ' ASTM D-1248 SEM 26
ORIFICE
NOTE 3
----,
12" -------•-• 12"
DIA. .0--18a--1,-- DIA.
IN=248.0
.7.1
IE OUT=248,0 MIN
__.--
„.
.4.
SO PIPE FROM c'l
DETENTION FACILITY
8” ALUMINUM SHEAR
GATE MANUFACTURED _
3Y OLYMPIC FOUNDRY RESTRICTOR PLATE
INC., OR APPROVED WITH 0.688" DIA, ORIFICE
EQUAL, TO BE p,)
IATERTIGHT IN PLACE.
. ....t
f f
--- -- ---------- 7-4.)...-6" BASE ROCK
SECTION
NOTES:
1. ALL PRECAST SECTIONS SHALL CONFORM TO REQUIREMENTS OF ASTM C-478,
2. MANHOLE BASE MAY BE PRECAST OR CAST IN PLACE. SEE STANDARD MANHOLE BASE
DETAILS.
3, ALL CONNECTING PIPES SHALL HAVE FLEXIBLE, GASKETED AND UNRESTRAINED JOINT
WITHIN 18" OF MANHOLE VAULT.
ADD-02
4. SLOPE BASE TO LOW POINT BENEATH ACCESS LID FOR MAINTENANCE.
2) FLOW CONTROL MANHOLE - A
ce:Al F. NTS
Exhibit A cont.
GROUT FRAME, 1W.
• • a
MANHOLE FRAME AND—\
COVER AS SPECIFIED \\\ t/—FINISH GRADE
12" ,'84 A 1-11--- 1, 10" THICK PRECAST
26" ill CONCRETE SLAB
MAX. I ....._ .......
. ... ,....... .2......2.
ipLI I I I 1 PROVIDE LIFT HANDLE
1 'ilk 1" DIA. ROD
TOP RUNG
PRECAST SECTIONS,
HEIGHT VARIES. SEE
LADDER 60"
RUNGS, DIA i NOTE 1.
..•
12" OC,
TYP. —1E-243"8 1OVERFLOW
E....,..245.0
S/S PIPE COLLARS (MIN.
PREFORMED —mill 2" WIDE) WITH h" S/S BOLT, TYP.
'GASKET — i al MIN. OF 2 STRAPS
12" DIk
FABRICATED SOLID WALL
HOPE TEE PER
8" DIA. ASTM 0-1248 SDR 26
ORIFICE
il NOTE 3
12" 1 —11— -----a— 12"
DIA. , 1 18" DIA.
IE IN—242.0
__ i IE OUT=242.0 MIN
ill
SD PIPE PIPE FROM -est
DETENTION FACILITY
8" ALUMINUM SHEAR — I
GATE MANUFACTURED
BY OLYMPIC FOUNDRY RESTRICTOR PLATE
INC., OR APPROVEDWITH 0.75" DIA. ORIFICE
EQUAL TO BE to
WATERTIGHT IN IN PLACE,
C'J
, U i
4 ' 4
*— —
. -6" BASE ROCK
SECTION
NOTES:
1, ALL PRECAST SECTIONS SHALL CONFORM TO REQUIREMENTS OF ASTM C-478.
2. MANHOLE BASE MAY BE PRECAST OR CAST IN PLACE. SEE STANDARD MANHOLE BASE
DETAILS.
3. ALL CONNECTING PIPES SHALL HAVE FLEXIBLE, GASKETED AND UNRESTRAINED JOINT
WI THIN 18" OF MANHOLE VAULT.
ADD-02
4. SLOPE BASE TO LOW POINT BENEATH ACCESS LID FOR MAINTENANCE.
("---- i FLOW CONTROL MANHOLE - B
i\. .-; SCALE: NTS
Exhibit A cont.