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HomeMy WebLinkAbout000908 Original Contract| � City of Port Angeles Record #000908 � ' . When recorded,return to: Jonathan Shwtwe� P.O.Box 20B]L Port Angeles,WA 98302 � AGREEMENT FOR MAINTENANCE,REPAIR � AND OPERATION OF STORMVVATER DRAINAGE FACILITIES FOR PLATINUM C LIM%ITED PARTNERSHIP SOIL DISPOSAL � . THIS AGREEMENT made and entered into this )i" d 20I5 bv and between � The Jonathan ShotwmU Corporation, uVVmoHinAton corporation, whose business address is P.O. Box 2081, � hereinafter referred to as the Owner and the City of Port Angeles, u Washington municipal corporation � whose address is P.D. Box I150\ Port Angeles, Washington,98362, hereinafter referred to as the City. � WHEREAS, the Owner wa,mm$ and represents that |tiy the sole and exclusive owner of the subject premises as described in paragraph 1 below with full and exclusive authority to execute this Agreement and that all necessary stops precedent to its execution have been undertaken' making the obligation binding upon the Owner;and � WHEREAS, the Owner has constructed s8»rmwnte/ drainage facilities for Platinum [ Limited Partnership � pursuant toa properly issued permit from the City of Port Ange|esand � � WHEREAS, the Owner is required pursuant to Section 13.63.370 of the city of Port Angeles Municipal � Code (Maintenance Covenant Required for Privately Maintained Drainage Facilities,) to operate and � maintain all stormwuter drainage facilities on site;and � � WHEREAS, the City and the owner are mutually desirous of providing assurances for the future � continued maintenance,repair and operation of stormwater drainage facilities on site; NOW,THEREFORE, in consideration agreements� � consideration,the parties agree asfollows: 1. The Owner warrants and represents that h has sole and exclusive authority and sole and exclusive right, tide and in,ex:,\ in the subject property situated in the City of Port Angeles, OaUam County,Washington, legally described as: - Lot 4'y'Ihv Candace Lixitxdym,xm-sh/p Large Lot JxboYviskm(Parcel Number: 06-30-18-128040) 2. The Owner, for itself and its successors and assigns, covenants and ogrmcy to inspect, maintain, repair and replace in good and serviceable condition any and all stormwater drainage infrastructure within and for the fi||| disposal site, excluding any and all alley and/u/ right-of-way | infrastructure. Such maintenance activities shall be performed and documented as described in | | � the Stormwater Facility Operations and Maintenance Manual for the Platinum C Limited Partnership Soil disposal Site, and in the event the Owner is contacted by the City of Port Angeles Public Works and Utilities Department, it will perform any and all reasonable and necessary maintenance, repair or replacement as indicated by the Public Works and Utilities Department. The Owner shall perform all such work in a timely fashion, completed according to the applicable codes regarding stormwater management. The Owner shall document all inspection and maintenance activities and submitted documentation records to the City annually no longer than 30 days following the previous calendar year. 3. The City shall not and does not serve as a guarantor of the performance of the Owner, nor does the City make any representations or warranties with regard to the design or capability of stormwater drainage facilities. The City may, but is not required, in its sole discretion after adequate written notice has been given to the Owner, elect to repair, replace or maintain stormwater drainage facilities if in the sole opinion of the City the Owner has failed to do so within the time frame set forth in the Stormwater Project Deport for the Platinum C Limited Partnership Soil Disposal Site. All such reasonable and necessary costs associated with such work, including administrative costs and professional fees shall be charged to the Owner and payable by the Owner forthwith. 4. This Agreement is intended to be a covenant that runs with the land and shall be binding upon the heirs, successors and assigns of the Owner. 5, This Agreement may only be modified in writing by a document executed by the Owner and the City. IN WITNESS HEREOF,the City, through its legally-authorized representative(s), sets his/her/their hand(s) and seal(s) this-day of 2015. ELES:7 CITY OF PORT 7,1 - Chy'Auth'ized or resdntative Signature Craig Fulton Printed Name Its: Director of Public Works & Utilities 00TAq Title of City Authorized Representative STATE OF WASHINGTON 11�4-1 ss COUNTY OF CLALLAM On this— o day of V\ 2015, before me personally appeared U010 EU-1+00 who executed the foregoing AGREE ENT FOR MAINTENANCE,REPAIR AND OPERATION OF STORMWATER DRAINAGE FACILITIES FOR THE PLATINUM C LIMITIED PARTNERSHIP SOIL DISPOSAL by him/her/them signed, Notary Public,NIM-Ro -County, Washington, My Commission Expires: I q IN WITNESS HEREOF, t he Owner, through its legally-authorized representative, sets his/her/their hand(s) and seal(s) this day of /---------2015. ---------- OWNER: Owner Autyh�orized Representative Signature —JIXG 14a�— Printed Name Its: Title of Grantor STATE OF WASHINGTON ss COUNTY OF CLALLAM On this lid- day of 2015, before me personally appeared who executed the foregoing AGREEMENT FOR MAINTENANCE, REPAIR AND OPERATION OF STORMWATER DRAINAGE FACILITIES FOR THE PLATINUM C LIMITIED PARTNERSHIP SOIL DISPOSAL by him/her/them signed, CORIVi�zo 0y. 4"1 Notary Public, County, 01AFrtk 0 Washington. My Commission Expires: 216, r # E)(P 21069017 Or WA's STORMWA r I'ER FACILITy OPERATIONAND MAINTENANCE MANUAL Platinum C Limited Partnership Soil Disposal Port Angeles, WA Prepared by: Zenovic&- Associates, Inc. 301 Fast 6"' Street, Suite I Port Angeles, WA 98362 P11: (360)zH7 0501 VX: (360)417 - 0514 Job I/ I it 155 March 2015 Platinum C Limited Partnership, �tOj'jjjW,1tC1' MZ1111tCMj11CC MWILial, Page 1 ol'5 PURPOS1 The purpose of this manual is to provide: stormwater facility operations and maintenance protocols for the stornawater facilities at the. Platinum C i,imited Partnership Soil Disposal Site in Port Angeles, Washington. This manual provides background Information for till:development, identifies all private stormwater facilities to be maintained, names the person legally responsible f>r maintenance, grants City of fort Angeles personnel acecss liar annual inspections,details rcquircnacnts 1,61. maintaining records and provides as maintenance checklist and log. BACKGROUND The site is a 5.08 acre lot that was previously developed. Any structures that were onite were demolished aarad removed prior to tlae purchase of'tile parcel by Mr, Jonathan Shotwell. The project Consists ofconstructiora ol'stormwaater facilities and conveyance structures, regrading of all ovcrsteepcncd slope along tfae west property boundary, and tile; disposal ol'soil (approximately 30,000 C'Y) f mono the City of fort Angeles CSC) Project and other related activities. The prclject site is located ofl'ol'Fields Drive, parcel number 06-30-18-128040. STORMWA'1 ER FACILI` IVIS List of`facilities to be privately maintained: (I)outlet structurc (1)detention pond MAIN TNANCI�, PFRSONNFl, Platinum C Limited Partnership shall be the entity legally responsible I'm the continual operation, maintenauacc, and repair of the permitted storaaawater facility im the line of the development, or until the City of Port Angeles has been notified in writing of"a transfer ol`responsibility. CITY INSPVCI'IONS I`hc City of Port Angeles shall be allowed access to the site liar aan annual inspection ofall permitted storrrawater facilities. RI TFN]'I(M OF RF.CX)RDS The person legally responsible for the site shall maintain all records of maintenance inspections, repairs, warning letters, and notices of violations. These records shall be made available for viewing to tlae (:`it.y of Port Angeles within 7 days of request. MAINI'ANANCI Proper rxaaintcnance is vital Jor adequate functioning ol'the stormwatcr facilities. The storrnwater t acilitics will have munual inspections. See"fable oil pages 3 and 4 for the annual Platinum C Limited Partnership, Storaa)water Maintenance Manual, Page. 2 ol'5 maintenance inspection checklist. Make photocopies of the checklist as nccessa ry keeping; the attached "fleets as a clean original copy. MAINTIN/1NC E AND REPAIR LOG Record tarty required maintenance or rcpAr on the log sheet on page 5. Make photocopies of tlae log sheet as necessary keeping the attached sheet as a clean original copy. MAIN`1'1?NANC'I "I'IMI I.INI�. 'Phis covemult requires that when defects to the stormwater system arc; hnuad during the annual inspection the needed repair shall be completed within (.lie timeline defined below: Within 6 numMs for now Control structure and detention pond Within ? years Rw nmhUummuc that requires capital construction of less than ` 25, 00, ANNUAL MAINTENANCE INSPECTION C'1IECKi IST IDraainsage T M.aiailennnrdinspection To Be f'erfdrnaetl levattarc Inspect !Ad -Fabricated lid should he maintained to prevent animals and debris Will entc Hng the Structure. Remove lief and inspect sumps. -Remove excess silt, debris and vegetation. -Look fear any evidence of oil, gasoline, contaminates or pollulaaaats. Coordinate removal/cleanup with local water duality response agency. Flow Control haspect oril"Ice holes. Structure -Remove any sediment, vegetation, or debris that is or could soon block Ilow through orifice holes. Check inlet and outlet pipe. wife inlet pipe should be securely connected to the flow control structure. 11, by visual inspection, it can be seen that the pipe isn't connected properly Tall the pipe will need to be reconnected to the bell ratings and scaled with grout or joint scalani. -The outlet pipe should be kept free ofdebris and maintAned to allow adequate outflow. — Dctc,ntion flock tt�r trash and dchris. Pond -Remove any trash and debris Croat pond. Examine vegetation Or poisonous vegetation and noxious weeds. -Completely eradicate call noxious weeds and poisonous vegetation as defined by State or local regulations. Coordination with local health department and may be required. Loot: for any evidence of oil, gasoline, contaminates or pollutants. -Coordinate removal/cleanup with local water quality response agoncy. C`hcck liar excess sediment in pond after stnall storms. -('aarcfaally remove excess sediment to naairttai►a a level po►ad boitu►aa any ovea I'Iaadmmi C limited Partmrshy,, Stormwaater Maintenance Manual, I'age. 3 of 5 i —----- --- ---- -- — d_ _m _._-- _ - Detention excavation should be rcplaccd with inert till. Polld (cant.) I rosio►1 ol'side slopes -Inspect side slopes ofpond to sec ifthere is any erosion damage. over 2 inches deep. Iferosion damage is present repairs should be made as needed with inert soil, If needed, nets and blankets should be used to prevent further Cros►o►l. Pond Berra -Inspect the pond berm (north side of pond) 161.settli►ig, The top elevation of the berm should be maintained as called out on the collstrueho►l1)lans._ General Docunlrnt observations of the presence of floating materials suspended solids, ( it kind grcasc dlSeoloration., turbid and odor ►n stornlwater discharmes. -- .. — _ _. ...___ General Update Slornnrat r Maintenance Manual to r_elleet current conditions. �� — -----Inspect the entire site to determine whether there is/arc any unpermitted - — — Gcncral non-stormwater discharge to storm drains or receiving waters, Report non- _..__ rnlitted discharges to tile.City Stormwater Ilotlini at (:360) ,87--4830. -See figure I Im layout ol'stormwater facilities to be maintained. INSPI C TION "I certify that this report is true, accurate, and complete, to the best ol'my knowledge and belief." Inspection completed inn: by: (print + signature) Title/(qualification of Inspector: Platinum C I,inlitcd Pa1-tnc►:4hip, Stormwater Maintenance Manual, Page 4 of S MANN I ENAN(.T LOC' Date Item/FnMity Deseription Per•hwmed Comments lay N4AIN'I'I NANC) CC?I TIF ICS TION "I certily that this maintenance log is true, accurate, and complete, to dw best ol`my knovdedge and bclicU Inspection completed on; by: (print I signature) 'Citle/Qu alincation of Inspector Platinum C Limited Partnership, 5tormwater Maintenance Manud, I'aage 5 oV5 667"ea& AVIUVIO I yo �16 --j * �1NVId 311S ss '�DIAO\13Z ----------- ------------ M, -------- --- --------- ---------- t Il ... ....... 0I B '15 aq xI, 6 E E �zn n .• � �-.—.,.m MM 7C),(.)h+`?'4 S l"JNd Wd low r Y(tY9i)�3+ANd � -- diN�2i.U bN C3i YV Kh�_V 3Fi: o �4CN W 5 's'sW wsa - 31Ma 33h.5 1LL9 cC L _ ... __ j 4 I� NVId 3115 0 �+�� z V ?DL — -- } - f l _ ...- } t 1 vvvv i , t1�0 L- �� ,, `� I�J ITT (, � 1 i `� \ •-----'vim --�� _ s . y III , a its 11 1 zZ x k J log q H so 13 A h V�, Ix, I! ) z r ` Z u w i _ s ..t.._ SM. - WHO Rod I y ; _ PS I I I 2015-1319667 Page I of 11 Agreement zenovic & Associates clallam County WaO)inuton 04/17/2015 10 13:39 AM I I I I N O M I OP.10 1-:Y j t i qI 1.1.1 Wd I W t I V 4 ii I 1 1 1 1 RETURN ADDRESS Zenovic&Associates, Inc. 301 East 6" Street Suite 1 Port Angeles, WA 98362 Document Title(s) Stormwater Maintenance A regiment Reference Number(s) of related documents Grantor(s) (Last,First and Middle initial) Shotwelljgnothart Grantee(s) (Last,First and Middle initial) City of Port Angeles Legal Description (abbreviated form:i.e.lot,block,plat or section,township,range,quarter/quarter) Lot 4 of the Candace Limited Partnership Large Lot Subdivision Assessor's Property Tax Parcel/Account Number 0630-18128040 The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verity the accuracy or completeness of the indexing information provided herein.