20050750 Recorded Docs 111009eturn Address
ity of Yelm
ami Merriman
~ Box 479
elm, WA 98597
Document title(s) (or transactions contained therein):
1. Commercial/Industrial Agreement to Maintain Stormwater Facilities
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
1. fairway Oaks, LLC
2. Bloom, Douglas
Grantee(s) (Last name, first name, middle initial)
1. City of Yelm
2.
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Tract 6 City of Yehn Plat of Tahoma Terra Phase 1 Division I, recording no. 38030707
Assessors Property Tax Parcel/Account Number:
78640000009
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'I 'I/10120(~9 09 57 RM RgrP..ement
Thurston County IAashinglon
CITY OF YELPt
IIIIIII III III IIII III VIII IIII IIIIIII IIII IIII IIII VIII IiI IIIIIII III VIII VIII VII I IIII IIII
COMMERCIAL/INDUSTRIAL
AGREEMENT TO MAINTAIN
STORMWATER FACILITIES AND TO IMPLEMENT A
POLLUTION SOUCE CONTROL PLAN
BY AND BETWEEN
FAIRWAY OAKS, LLC
ITS HEIRS, SUCCESSORS, OR ASSIGNS
(HEREINAFTER "OWNER")
AND
CITY OF YELM
(HEREINAFTER "JURISDICTION")
The upkeep and maintenance of stormwater facilities and the implementation of
pollution source control best management practices (BMPs) is essential to the protection
of water resources. All property owners are expected to conduct business in a manner
that promotes environmental protection. This Agreement contains specific provisions
with respect to maintenance of stormwater facilities and use of pollution source control
BMPs.
LEGAL DESCRIPTION:
TRACT 6 CITY OF YELM PLAT OF TAHOMA TERRA PHASE 1, DIVISION 1,
ACCORDING TO PLAT RECORDED MAY 10, 2006 UNDER RECORDING NO.
3830707, IN THURSTON COUNTY, WASHINGTON. PARCEL NO. 7864000009
Whereas, Fairway Oaks, LLC has constructed improvements, including but not
limited to, buildings, pavement, and stormwater facilities on the property described
above. In order to further the goals of the Jurisdiction to ensure the protection and
enhancement of Jurisdiction's water resources, the Jurisdiction and Fairway Oaks, LLC
hereby enter into this Agreement. The responsibilities of each party to this Agreement
are identified below.
FAIRWAY OAKS, LLC SHALL:
(1) Implement the stormwater facility maintenance program included herein as
Attachment "A."
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Thurston Covn[v blashinpJ[on
CITY OF YELM
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(2) Maintain a record (in the form of a log book) of steps taken to implement the
programs referenced in (1) and (2) above. The log book shall be available for
inspection by Jurisdiction staff at 14788 Berry Valley Road SE, Yelm, WA during
normal business hours. The log book shall catalog the action taken, who took it,
when it was done, how it was done, and any problems encountered or follow-on
actions recommended. Maintenance items ("problems") listed in Attachment "A"
shall be inspected on a monthly or more frequent basis as necessary. Fairway
Oaks, LLC is encouraged to photocopy the individual checklists in Attachment A
and use them to complete its monthly inspections. These completed checklists
would then, in combination, comprise the monthly log book.
(8) Submit an annual report to the Jurisdiction regarding implementation of the
programs referenced in (1) and (2) above. The report must be submitted on or
before May 15 of each calendar year and shall contain, at a minimum, the
following:
(a) Name, address, and telephone number of the business, the person, or the
firm responsible for plan implementation, and the person completing the
report.
(b) Time period covered by the report.
(c) A chronological summary of activities conducted to implement the programs
referenced in (1) and (2) above. A photocopy of the applicable sections of
the log book, with any additional explanation needed, shall normally suffice.
For any activities conducted by paid parties not affiliated with Business
Name/Owner, include a copy of the invoice for services.
(d) An outline of planned activities for the next year.
THE JURISDICTION SHALL:
(1) Provide technical assistance to Fairway Oaks, LLC in support of its operation and
maintenance activities conducted pursuant to its maintenance and source control
programs. Said assistance shall be provided upon request, and as Jurisdiction
time and resources permit, at no charge to Fairway Oaks, LLC.
(2) Review the annual report and conduct a minimum of one (1) site visit per year to
discuss performance and problems with Fairway Oaks, LLC.
(8) Review this agreement with Fairway Oaks, LLC and modify it as necessary at
least once every three (8) years.
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ll/1O/2009 09.57 RM Rera_ement
Thurston County Washington
CITY OF YELf9
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REMEDIES:
(1) If the Jurisdiction determines that maintenance or repair work is required to be
done to the stormwater facility existing on the Fairway Oaks, LLC property, the
Jurisdiction shall give the owner of the property within which the drainage facility
is located, and the person or agent in control of said property, notice of the
specific maintenance and/or repair required. The Jurisdiction shall set a
reasonable time in which such work is to be completed by the persons who were
given notice. If the above required maintenance and/or repair is not completed
within the time set by the Jurisdiction, written notice will be sent to the persons
who were given notice stating the Jurisdiction's intention to perform such
maintenance and bill the owner for all incurred expenses. The Jurisdiction may
also revoke stormwater utility rate credits for the quality component or invoke
surcharges to the quantity component of the Fairway Oaks, LLC bill if required
maintenance is not performed.
(2) If at any time the Jurisdiction determines that the existing system creates any
imminent threat to public health or welfare, the Jurisdiction may take immediate
measures to remedy said threat. No notice to the persons listed in (1 ), above,
shall be required under such circumstances.
(3) The owner grants unrestricted authority to the Jurisdiction for access to any and
all stormwater system features for the purpose of performing maintenance or
repair as may become necessary under Remedies (1) and/or (2).
(4) The persons listed in (1), above, shall assume all responsibility for the cost of any
maintenance and for repairs to the stormwater facility. Such responsibility shall
include reimbursement to the Jurisdiction within 30 days of the receipt of the
invoice for any such work performed. Overdue payments will require payment of
interest at the current legal rate for liquidated judgments. If legal action ensues,
any costs or fees incurred by the Jurisdiction will be borne by the parties
responsible for said reimbursements.
(5) The owner hereby grants to the Jurisdiction a lien against the above-described
property in an amount equal to the cost incurred by the Jurisdiction to perform
the maintenance or repair work described herein.
This Agreement is intended to protect the value and desirability of the real property
described above and to benefit all the citizens of the Jurisdiction. It shall run with the
land and be binding on all parties having or acquiring from Fairway Oaks, LLC or their
successors any right, title, or interest in the property or any part thereof, as well as their
title, or interest in the property or any part thereof, as well as their heirs, successors, and
assigns. They shall inure to the benefit of each present or future successor in interest of
said property or any part thereof, or interest therein, and to the benefit of all citizens of
the Jurisdiction.
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11/10/2009 09.57 FlM R9reemenl
Thurston Coun[Y Washi n9l~~i
CITY OF YELM
I II VIII III I VIII IIII IIIIII VIII IIII I II IIII II IIII IIII IIII VIII VIII IIIIIII III VI II IIIiI VIII IIII II
Dated this 2`P day of Gl_=~~J=.~ ~y
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Douglas R.
Public Works Director, City
STATE OF WASHINGTON )
ss
COUNTY OF THURSTON )
On this day and year above personally appeared before me, J
-~~' known to be the individual(s) described, and~ecuted
the foregoing instrument and acknowledge that they signed the same as their free and
voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and official seal this ~ day of .. f/ , 20 ~.
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Notary Public in and f r the
f Washington residing in
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My commission expires: 7 - !5 -- ~ 3
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11/70!20(19 09.57 RM Rgreement
Thurston Counly Washi ng tan
CITY OF YELM
IIII III'll IIII'II VIII IIII 1111111 111111 IIII IIII (IIII VIII (IIII III VIII VIII IIII IIII IIII
STATE OF WASHINGTON )
ss
COUNTY OFTHURSTON )
_.___
On this day and year above personally appeared before me, I ;~~~ ~ ~ )~~ ~«~
who executed the foregoing instrument and acknowledge the said
instrument to be the free and voluntary act and deed of said Municipal Corporation for
the uses and purposes therein mentioned and on oath states he is authorized to execute
the said instrument.
Given ~H~i- r~y15and and
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APPROVED AS TO FORM:
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official seal this ~> day of ~ ~ ~Z- >ri , 20 ~.
Notary
ing in
My commission expires:
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71H0/7.009 09.67 nM Rgreement
Thurston Countv Washington
CITY Of YELM
IIII III IIII IIII III (IIII IIII VIII' III IIII IIII VIII (IIII III III (IIII IIII) VIII IIII IIII
ATTACHMENT "A"
MAINTENANCE PLAN
FAIRWAY OAKS, LLC
INSTRUCTIONS FOR MAINTENANCE OF STORM DRAINAGE FACILITIES
The following pages contain maintenance needs for most components that are part of the proposed
drainage system. A checklist should be completed for all system components according to the
schedules shown in the tables.
Using photocopies of these pages, check off the problems identified with each inspection. Add
comments on problems found and actions taken. Keep these "checked" sheets in a file, as they will
be used to write the annual report (due in May of each year). Some items do not need to be
checked with every inspection. Use the suggested frequency at the left of each item as a guideline
for the inspections.
The City of Yelm is available for technical assistance. Do not hesitate to call, especially if it appears
that a problem may exist.
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Thurs lon County Washington
CITY OF YELf9
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ATTACHMENT "A": MAINTENANCE PROGRAM
Inspection Period.'
Number of Sheets Attached:
Date Inspected:
Name of Inspector:
Inspector's Signature:
COVER SHEET
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I1! 10!?009 0957 RP1 Ryr eeme..nt
Thurston County Washington
CITY OF YELM
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ATTACHMENT"A"
Maintenance Checklist for Grounds (Landscaping)
Frequency Drainage Req'd Problem Conditions to Check For Conditions That Should Exist
System
Feature
M General ~ Weeds Weeds growing in more Weeds present in less than
(nonpoisonous) than 20%of the 5%ofthe landscaped area.
landscaped area (trees
and shrubs onl
M Safety hazard Any presence of poison No poisonous vegetation or
ivy or other poisonous insect nests present in
vegetation or insect landscaped area
nests.
M.S. ~ Trash & debris Dumping of yard wastes Remove trash and debris
buildup in open such as grass clippings and dispose as prescribed
space and branches. Unsightly by City Waste Management
accumulation of non- Section.
degradable materials
such as glass, plastic,
metal, foam and coaled
a er.
M Missing or broken Any defect in the fence or Fence is mended or shrubs
fence parts/dead screen that permits easy replaced to form a solid
shrubbe ent to a facilil . barrier to ent
M.S. ~ Erosion Erosion has resulted in an Replace soil under fence so
opening under a fence that no opening exceeds 4"
that allows entry by in height. Causes of erosion
people or pets. identified and steps taken to
slow down and/orspread out
the water. Eroded areas are
filled, contoured, and
seeded.
M Unruly vegetation Shrubbery is growing out Shrubbery is trimmed and
of control or is infested weeded to provide appealing
with weeds. aesthetics. Do not use
chemicals to control weeds.
A Trees and Damage Limbs or parts of trees or Trim trees/shrubs to restore
shrubs shrubs that are split or shape. Replace
broken which affect more trees/shrubs with severe
than 25% of the total damage.
foliage of the tree or
shrub.
M Trees or shrubs that have Replant tree, inspecting for
been blown down or injury to stem or roots.
knocked over. Replace ii severely
dama ed.
A ~ Trees or shrubs which are Place stakes and rubber-
not adequately supported coated ties around young
or are leaning over, trees/shrubs for support.
causing exposure of the
roots.
If you are unsure whether a problem exists, please contact the CITY and ask for technical assistance.
Comments:
Key: A =Annual (March or April preferred) Q =Quarterly
5 =After major storms M =Monthly (see schedule)
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11/10/2005 09.57 RM Rgreemenl
Thw-ston County Washington
CITY OF YELM
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Maintenance Checklist for Pervious Asphalt Pavement
Drainage Req'd ~ Problem Conditions to Check For and Conditions That Should
System actions to take Exist
Feature
Pervious Sediment Ensure that the pervious Sediment is removed
Pavement Buildup on pavement surface is free of and/or pavement is cleaned
surface sediment so that infdtration works
- acwrdin to desi n
Pervious J Sediment Ensure that the contributing Sediment is removed
Pavement Buildup on and adjacent landscape areas and/or pavement is cleaned
I, Surface are stabilized and mowed with so that infltration works
cli in s removed accordin to desi n
Pervious ~ Sediment Vacuum sweep porous Sediment is removed
Pavement buildup on pavement suface followed by and/or pavement is cleaned
- suface/ high pressure hosing to keep so that infltration works
preventive pores free of sediment according to design
maintenance
Pervious Spot Clogging Prolongedspot ponding on No prolonged ponding.
Pavement pavement surface. Drill half- Infiltration works according
inch holes through pavement to design.
eve few feet.
e whether a problem exists, please contact the CITY and ask for technical assistance.
~nual (March or April preferred) Q =Quarterly
onthly (see schedule) S=After major storms
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Thurston County Washington
CITY OF YELM
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SECTION 2 - RESPONSIBLE ORGANIZATION-
The Home Owners Association or its assigned representative shall be responsible for the
operations and maintenance of all onsite storm drainage facilities.
SECTION 3 -VEGETATION MANAGEMENT PLAN
All disturbed pervious areas on the site will be landscaped to provide an aesthetically pleasing
environment and to control sediment distribution.
SECTION 4-SOURCE CONTROL
Warning signs shall be posted indicating the nature of the pervious pavement surface and
warning against resurtacing the site with conventional pavement or the use Of materials which
could affect the infiltration capacity of the surface.
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Thurston County IJashi ngl on
CITY OF YELM
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