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Home My WebLink AboutDoc 481 - Stormwater Maint Agrmt - BendDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of Wednesday, September 3,2014 DATE: August 27,2014 FROM: Susan Ross Property & Facilities Director x6713 TITLE OF AGENDA ITEM: Consideration of Signature of Document No. 2014-481, a Stormwater Maintenance Agreement with the City of Bend PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: As part of the jail expansion construction project, the City of Bend requires that the County enter into a stormwater maintenance agreement whereby the County provides assurance that the stormwater facilities will be serviced and maintained on a regular basis. There are several catch basins, manholes, and drywells that will need to be monitored. This is a standard agreement required for all commercial construction projects. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: Board Signature of Document No. 2014-481 ATTENDANCE: Susan Ross DISTRIBUTION OF DOCUMENTS: Return original to Property & Facilities for eventual recording in real property records REVIEWED LEGAL COUNSEL For Recording Stamp Only STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT This Stonnwater Management Facilities Maintenance Agreement ("Agreement") is between the City of Bend, Oregon ("City") and Deschutes County ("Property Owner"). RECITALS A. To comply with the City'S obligations under the Clean Water Act, Safe Drinking Water Act, and other federal and state Law, and pennit requirements; the City must assure that all stonnwater facilities are adequately operated and maintained by entities responsible for those facilities. The City needs infonnation and access to comply with its responsibilities. B. Property Owner is the owner of real property commonly known as 63333 Hwy 20 (the "property"), and more particularly described in the attached Exhibit 1 upon which stonnwater facilities (the "Facilities") are located or to be constructed as shown on Exhibit 1. TERMS OF AGREEMENT SECTION 1: CONSTRUCTION, OPERATION AND MAINTENANCE OF FACILITIES Property Owner shall construct, operate and maintain the Facilities in strict accordance with the approved plans and specifications and this Agreement. SECTION 2: MAINTENANCE OF FACILITIES Property Owner shall not destroy or remove the Facilities from the Property nor modify the Facilities in a manner that lessens their effectiveness without express written permission of the City, and shall, at its sole expense, adequately maintain the Facilities in good working order acceptable to the City and in accordance with the maintenance section of the Central Oregon Stonnwater Manual. This includes all pipes, channels or other conveyances built to convey stonnwater to treatment measures(s), as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stonnwater. Adequate maintenance is defined as maintaining the described facilities in good working condition so that these facilities continue to operate as originally designed and approved. Deschutes County Fireline BP 13-1544 PZ 13-0144 dhi After Recording Return to: Deschutes County City of Bend Engineering Division 1300 t..f.N Wall St. Bend OR 97701 PO Box 431, Bend. OR 97709 Page 1 of5 Deschutes County Doc #2014-481 SECTION 3: SEDIMENT MANAGEMENT Sediment accumulation resulting from the nOlmal operation of the Facilities will be managed appropriately by the Property Owner. The Property Owner will provide for the removal and disposal of accumulated sediments as needed for the proper functioning of the Facilities. Disposal of accumulated sediments shall not occur on the Property, unless otherwise agreed to in writing by the City. Any disposal or removal of accumulated sediments or debris shall be in compliance with all federal, state and local law and regulations. SECTION 4: ANNUAL INSPECTION AND REPORT The Property Owner shall, on an annual basis, complete the Stormwater Facility Operation and Maintenance Inspection and Maintenance checklists attached to this agreement as Exhibit 2. An annual report shall include all completed Inspection and Maintenance Checklists results for the reporting period and shall be submitted to the City to verify that inspection and maintenance of the applicable Facilities have been conducted pursuant to this agreement. The annual report for the previous calendar year shall be submitted no later than February 28 of each year to the City of Bend Stormwater Program Manager, 575 NE 15 th St., Bend, OR 97701. SECTION 5: NECESSARY CHANGES AND MODIFICATIONS At its sole expense, the Property Owner shall make changes or modifications to the Facility(-ies) as may be determined to be reasonably necessary by the City to ensure that Facilities are properly maintained and continue to operate as originally designed and approved. SECTION 6: ACCESS TO THE PROPERTY The Property Owner grants permission to the City and its authorized agents and employees to enter the Property at reasonable times and in a reasonable manner to inspect, assess or observe the Facilities to ensure that the Facilities are being properly maintained and are continuing to perform in an adequate manner to protect water quality and the public health and safety. This includes the right to enter upon the Property when it has a reasonable basis to believe that a violation of this Agreement or applicable regulations or permits has occurred or threatens to occur. The City also has a right to enter the Property when necessary for abatement of a public nuisance or correction of a violation of this Agreement. When possible, the City shall provide reasonable notice to the Property Owner before entering the Property. SECTION 7: FAILURE TO MAINTAIN STORMWATER MANAGEMENT FACILITIES In the event either the Property Owner or assignee fails to maintain the Facilities as approved and in accordance with the Central Oregon Stormwater Manual, the City and its authorized agents and employees with reasonable notice, may enter the Property and take whatever steps it deems necessary and appropriate to return the Facilities to good Deschutes County Fireline BP 13-1544 PZ 13-0144 dhi Deschutes County 1300 NW Wall St. Bend OR 97701 Page 2 of5 Deschutes County Doc #2014-481 City P After Recording Return to: of Bend Engineering Division O Box 431, Bend, OR 97709 working order. The notice will not be necessary if emergency conditions require immediate remedial action. This provision shall not be construed to allow the City to erect any structure of a permanent nature on the Property. The City is under no obligation to maintain or repair the Facilities. SECTION 8: REIMBURSEMENT OF CITY EXPENDITURES In the event the City performs work under Section 7, or expends any funds in the performance of the work, the Property Owner shall reimburse the City for the costs incurred by the City. If these costs are not paid within the prescribed time period, the City may take measures to collect reimbursement of the expenses incurred. The actions described in this section are in addition to and not in lieu of any and all legal remedies as provided by law, available to the City as a result of the Property Owner's failure to maintain the Facilities. SECTION 9: INDEMNIFICATION The Property Owner shall indemnify, hold harmless and defend the City and its authorized agents, officers, officials and employees from and against any and all claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed or which might arise or be asserted against the City that are alleged or proven to result or arise from the construction, presence, existence or maintenance of the Facilities by the Property Owner. In the event a claim is asserted against the City or its authorized agents, officers, officials or employees shall be allowed, the Property Owner shall pay for all costs and expenses. This section shall not apply to any claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed which arise due solely to the negligence or willful misconduct of the City. SECTION 10: NO ADDITIONAL LIABILITY It is the intent of this agreement to insure the proper maintenance of the Facilities by the Property Owner; provided, however, that this Agreement shall not be deemed to create or affect any additional liability not otherwise provided by law of any party for damage alleged to result from or caused by stormwater runoff. SECTION 11: PERFORMANCE FINANCIAL ASSURANCE The City may request the Property Owner to provide a performance bond, security or other appropriate financial assurance providing for the maintenance of the Facilities pursuant to the City's ordinances, guidelines, criteria or written direction. SECTION 12: AGREEMENT RUNS WITH LAND This Agreement shall run with the title to the land. The Property Owner subjects the Property and the Project to the covenants and restrictions set forth in this Agreement. The City and Property Owner declare their intent that the covenants and restrictions shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and Deschutes County Fireline BP 13-1544 PZ 13-0144 dhi After Recording Return to: Deschutes County City of Bend Engineering Division 1300 NW Wall 81. Bend OR 97701 PO Box 431. Bend. OR 97709 Page 30f5 Deschutes County Doc #2014-481 assigns of the Property Owner and City, regardless of any assignment, conveyance or transfer of the Property or any part thereof or interest therein. Any successor-in-interest to the Property Owner including without limitation any purchaser, transferee or lessee of the Property shall be subject to all of the duties and obligations imposed by this Agreement for the full term of this Agreement. Each and every contract, deed, ground lease or other instrument affecting or conveying any interest in the Property shall conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein regardless of whether the covenants, restrictions, duties and obligations are set forth in the contract, deed, ground lease or other instrument. SECTION 13: SEVERABILITY The provisions of this Agreement shall be severable and if any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision is adjudged invalid or unconstitutional by a court of competent jurisdiction, or the applicability to any Property Owner is held invalid, this shall not affect or invalidate the remainder of any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision of this Agreement. SECTION 14: RECORDATION This Agreement may be recorded by the City in the Deschutes County deed records. The Property Owner shall reimburse the City for the costs incurred by the City to record the Agreement. SECTION 15: RELEASE OF AGREEMENT In the event that the City detennines that the Facilities located on the Property are no longer required, then the City, at the request of the Property Owner shall execute a release of this Maintenance Agreement, which the Property Owner, or the City by mutual agreement, shall record in the County Recorder's Office at the Property Owner's expense. The Facility (-ies) shall not be removed from the Property unless the release is executed and recorded. SECTION 16: EFFECTIVE DATE AND MODIFICATION This Agreement is effective when signed by both parties. This Agreement shall not be modified except by written instrument executed by the City and the Property Owner. Deschutes County Fireline BP 13-1544 PZ 13-0144 dhi Deschutes County 1300 NW Wall 81. Bend OR 97701 Page 4 of 5 Deschutes County Doc #2014-481 After Recording Return to: City of Bend Engineering Division PO Box 431, Bend, OR 97709 Signature for the City of Bend Date Type or print name and title DATED this __day of August 2014. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ATTEST: ANTHONY DEBONE, Vice-Chair Recording Secretary ALAN UNGER, Commissioner STATE OF OREGON ) ) ss. County of Deschutes ) Before me, a Notary Public, personally appeared TAMMY BANEY, ANTHONY DEBONE, and ALAN UNGER, the above-named Board of County Commissioners of Deschutes County, Oregon, and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. DATED this __day of ______, 2014. My Commission Expires: Notary Public for Oregon Deschutes County Fireline BP 13-1544 PZ 13-0144 dhi Deschutes County 1300 NW Wall St. Bend OR 97701 Page 50f5 Deschutes County Doc #2014-481 After Recording Return to: City of Bend Engineering Division PO Box 431. Bend, OR 97709 EXHIBIT 1 \"" f '\: ~'___ "" .l,I;;:'.~"~-~':: ··L/-L-"-.c.....LL~ --so STORM DRAIN LINE CATCH BASIN SEDIMENT MANHOLE -....... o 10 20 40 ,... '\ I ~ \ DRYWHL~ I ~ JSCALf: ," = 40 \ '--/ EXHIBIT 2 Storm Water Facility Operation and Maintenance Inspection Checklist Catch Basins 1. Remove any accumulated debris lodged in the catch basin grates 2. Remove any accumulated sediment and debris in the catch basin sump 3. Visually inspect integrity of catch basin structure and outlet piping Sediment Manholes 1. Visually inspect integrity of manhole structure and inleUoutiet piping 2. Measure depth of accumulated sediment in manhole sump 3. Remove all sediment from manhole sump when accumulated depth exceeds 24" Drywells 1. Visually inspect integrity of drywell structure and inlet piping 2. Remove any accumulated sediment or debris that may be present