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HomeMy WebLinkAboutHOTEL AT SOUTHPORT Facility and on-site BMP covenant Page 1 of 3 Return Address: City Clerk’s Office City of Renton 1055 S Grady Way Renton, WA 98057 DECLARATION OF COVENANT AND EASEMENT FOR INSPECTION AND MAINTENANCE OF DRAINAGE FACILITIES AND ON-SITE BMPS Grantor: Grantee: City of Renton Legal Description: Assessor's Tax Parcel ID#: IN CONSIDERATION of the approved City of Renton (check one of the following) residential building permit, commercial building permit, clearing and grading permit, subdivision permit, or short subdivision permit for application file No. LUA/SWP_______________________ relating to the real property ("Property") described above, the Grantor(s), the owner(s) in fee of that Property, hereby covenants(covenant) with the City of Renton, a political subdivision of the state of Washington, that he/she(they) will observe, consent to, and abide by the conditions and obligations set forth and described in Paragraphs 1 through 9 below with regard to the Property, and hereby grants(grant) an easement as described in Paragraphs 2 and 3. Grantor(s) hereby grants(grant), covenants(covenant), and agrees(agree) as follows: 1. The Grantor(s) or his/her(their) successors in interest and assigns ("Owners ") shall at their own cost, operate, maintain, and keep in good repair, the Property's drainage facilities constructed as required in the approved construction plans and specifications __________ on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) _____________________________. The property's drainage facilities are shown and/or listed on Exhibit A. The property’s drainage facilities shall be maintained in compliance with the operation and maintenance schedule included and attached herein as Exhibit B. Drainage facilities include pipes, channels, flow control facilities, water quality facilities, on-site best management practices (BMPs) and other engineered structures designed to manage and/or treat stormwater on the Property. On-site BMPs include dispersion and infiltration devices, bioretention, permeable pavements, rainwater harvesting systems, tree retention credit, reduced impervious surface footprint, vegetated roofs and other measures designed to mimic pre-developed hydrology and minimize stormwater runoff on the Property. 2. City of Renton shall have the right to ingress and egress over those portions of the Property necessary to perform inspections of the stormwater facilities and BMPs and conduct maintenance activities specified in this Declaration of Covenant and in accordance with the Renton Municipal Code. City of Renton shall provide at least 30 days written notice to the Owners that entry on the Property is HOTEL AT SOUTHPORT LLC NEW LOT A OF CITY OF RENTON LOT LINE ADJUSTMENT NO LUA14-001514 (SOUTHPORT LOT LINE ADJUSTMENT) RECORDING NO 20141223900010 0523059075 X 14-000645 U140006572 3816 Page 2 of 3 planned for the inspection of drainage facilities. After the 30 days, the Owners shall allow the City of Renton to enter for the sole purpose of inspecting drainage facilities. In lieu of inspection by the City, the Owners may elect to engage a licensed civil engineer registered in the state of Washington who has expertise in drainage to inspect the drainage facilities and provide a written report describing their condition. If the engineer option is chosen, the Owners shall provide written notice to the City of Renton within fifteen days of receiving the City’s notice of inspection. Within 30 days of giving this notice, the Owners, or engineer on behalf of the Owners, shall provide the engineer’s report to the City of Renton. If the report is not provided in a timely manner as specified above, the City of Renton may inspect the drainage facilities without further notice. 3. If City of Renton determines from its inspection, or from an engineer’s report provided in accordance with Paragraph 2, that maintenance, repair, restoration, and/or mitigation work is required to be done to any of the drainage facilities, City of Renton shall notify the Owners of the specific maintenance, repair, restoration, and/or mitigation work (Work) required pursuant to the Renton Municipal Code. The City shall also set a reasonable deadline for the Owners to complete the Work, or to provide an engineer’s report that verifies completion of the Work. After the deadline has passed, the Owners shall allow the City access to re-inspect the drainage facilities unless an engineer’s report has been provided verifying completion of the Work. If the Work is not completed within the time frame set by the City, the City may initiate an enforcement action and/or perform the required maintenance, repair, restoration, and/or mitigation work and hereby is given access to the Property for such purposes. Written notice will be sent to the Owners stating the City’s intention to perform such work. This work will not commence until at least seven (7) days after such notice is mailed. If, within the sole discretion of the City, there exists an imminent or present danger, the seven (7) day notice period will be waived and maintenance and/or repair work will begin immediately. 4. The Owners shall assume all responsibility for the cost of any maintenance, repair work, or any measures taken by the City to address conditions as described in Paragraph 3. Such responsibility shall include reimbursement to the City within thirty (30) days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the maximum legal rate allowed by RCW 19.52.020 (currently twelve percent (12%)). If the City initiates legal action to enforce this agreement, the prevailing party in such action is entitled to recover reasonable litigation costs and attorney’s fees. 5. The Owners are required to obtain written approval from City of Renton prior to filling, piping, cutting, or removing vegetation (except in routine landscape maintenance) in open vegetated stormwater facilities (such as swales, channels, ditches, ponds, etc.), or performing any alterations or modifications to the drainage facilities referenced in this Declaration of Covenant. 6. Any notice or consent required to be given or otherwise provided for by the provisions of this Agreement shall be effective upon personal delivery, or three (3) days after mailing by Certified Mail, return receipt requested. 7. With regard to the matters addressed herein, this agreement constitutes the entire agreement between the parties, and supersedes all prior discussions, negotiations, and all agreements whatsoever whether oral or written. 8. This Declaration of Covenant is intended to protect the value and desirability and promote efficient and effective management of surface water drainage of the real property described above, and shall inure to the benefit of all the citizens of the City of Renton and its successors and assigns. This Page 3 of 3 Declaration of Covenant shall run with the land and be binding upon Grantor(s), and Grantor's(s') successors in interest, and assigns. 9. This Declaration of Covenant may be terminated by execution of a written agreement by the Owners and the City that is recorded by King County in its real property records. IN WITNESS WHEREOF, this Declaration of Covenant for the Inspection and Maintenance of Drainage Facilities is executed this _____ day of ____________________, 20_____. GRANTOR, owner of the Property GRANTOR, owner of the Property STATE OF WASHINGTON ) COUNTY OF KING )ss. On this day personally appeared before me: , to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein stated. Given under my hand and official seal this _____ day of ____________________, 20_____. Printed name Notary Public in and for the State of Washington, residing at My appointment expires THE HOTEL AT SOUTHPORT LAKE WASHINGTON CONTECH STORMFILTER CARTRIDGE MANHOLE CONTECH STORMFILTER CARTRIDGE CATCH BASIN EXHIBIT A APPENDIX A MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES AND ON-SITE BMPS NO. 21 – PROPRIETARY FACILITY CARTRIDGE FILTER SYSTEMS MAINTENANCE COMPONENT DEFECT OR PROBLEM CONDITION WHEN MAINTENANCE IS NEEDED RESULTS EXPECTED WHEN MAINTENANCE IS PERFORMED In addition to the specific maintenance criteria provided below, all manufacturers’ requirements shall be followed. Facility Documentation Update facility inspection record after each inspection. Maintenance records are up to date. Provide certification of replaced filter media. Filter media is certified to meet manufacturer specifications. Site Trash and debris Any trash or debris which impairs the function of the facility. Trash and debris removed from facility. Contaminants and pollution Any evidence of contaminants or pollution such as oils, gasoline, concrete slurries or paint. Materials removed and disposed of according to applicable regulations. Source control BMPs implemented if appropriate. No contaminants present other than a surface oil film. Life cycle Once per year. Facility is re-inspected and any needed maintenance performed. Vault Treatment Area Sediment on vault floor Varies – Refer to manufacturer’s requirements. Vault is free of sediment. Sediment on top of cartridges Varies – Refer to manufacturer’s requirements. Vault is free of sediment. Multiple scum lines above top of cartridges Thick or multiple scum lines above top of cartridges. Probably due to plugged canisters or underdrain manifold. Cause of plugging corrected, canisters replaced if necessary. Vault Structure Damage to wall, frame, bottom, and/or top slab Cracks wider than ½-inch and any evidence of soil particles entering the structure through the cracks, or qualified inspection personnel determines the vault is not structurally sound. Vault replaced or repaired to design specifications. Baffles damaged Baffles corroding, cracking warping, and/or showing signs of failure as determined by maintenance/inspection person. Repair or replace baffles to specification. Filter Media Standing water in vault Varies – Refer to manufacturer’s requirements. No standing water in vault 24 hours after a rain event. Short circuiting Flows do not properly enter filter cartridges. Flows go through filter media. Underdrains and Clean-Outs Sediment and debris Underdrains or clean-outs partially plugged or filled with sediment and/or debris. Underdrains and clean-outs free of sediment and debris. Inlet/Outlet Pipe Sediment accumulation Sediment filling 20% or more of the pipe. Inlet/outlet pipes clear of sediment. Trash and debris Trash and debris accumulated in inlet/outlet pipes (includes floatables and non-floatables). No trash or debris in pipes. Damaged inlet/outlet pipe Cracks wider than ½-inch at the joint of the inlet/outlet pipes or any evidence of soil entering at the joints of the inlet/outlet pipes. No cracks more than ¼-inch wide at the joint of the inlet/outlet pipe. EXHIBIT B APPENDIX A MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES AND ON-SITE BMPS NO. 21 – PROPRIETARY FACILITY CARTRIDGE FILTER SYSTEMS MAINTENANCE COMPONENT DEFECT OR PROBLEM CONDITION WHEN MAINTENANCE IS NEEDED RESULTS EXPECTED WHEN MAINTENANCE IS PERFORMED Access Manhole Cover/lid not in place Cover/lid is missing or only partially in place. Any open manhole requires immediate maintenance. Manhole access covered. Locking mechanism not working Mechanism cannot be opened by one maintenance person with proper tools. Bolts cannot be seated. Self-locking cover/lid does not work. Mechanism opens with proper tools. Cover/lid difficult to remove One maintenance person cannot remove cover/lid after applying 80 lbs of lift. Cover/lid can be removed and reinstalled by one maintenance person. Ladder rungs unsafe Missing rungs, misalignment, rust, or cracks. Ladder meets design standards. Allows maintenance person safe access. Large Access Doors/Plate Damaged or difficult to open Large access doors or plates cannot be opened/removed using normal equipment. Replace or repair access door so it can opened as designed. Gaps, doesn't cover completely Large access doors not flat and/or access opening not completely covered. Doors close flat and cover access opening completely. Lifting Rings missing, rusted Lifting rings not capable of lifting weight of door or plate. Lifting rings sufficient to lift or remove door or plate. StormFilter Inspection and Maintenance Procedures ENGINEERED SOLUTIONS In addition to these two activities, it is important to check the condition of the StormFilter unit after major storms for potential damage caused by high flows and for high sediment accumulation that may be caused by localized erosion in the drainage area. It may be necessary to adjust the inspection/ maintenance schedule depending on the actual operating conditions encountered by the system. In general, inspection activities can be conducted at any time, and maintenance should occur, if warranted, during dryer months in late summer to early fall. Maintenance Frequency The primary factor for determining frequency of maintenance for the StormFilter is sediment loading. A properly functioning system will remove solids from water by trapping particulates in the porous structure of the filter media inside the cartridges. The flow through the system will naturally decrease as more and more particulates are trapped. Eventually the flow through the cartridges will be low enough to require replacement. It may be possible to extend the usable span of the cartridges by removing sediment from upstream trapping devices on a routine as-needed basis, in order to prevent material from being re-suspended and discharged to the StormFilter treatment system. The average maintenance lifecycle is approximately 1-5 years. Site conditions greatly influence maintenance requirements. StormFilter units located in areas with erosion or active construction may need to be inspected and maintained more often than those with fully stabilized surface conditions. Regulatory requirements or a chemical spill can shift maintenance timing as well. The maintenance frequency may be adjusted as additional monitoring information becomes available during the inspection program. Areas that develop known problems should be inspected more frequently than areas that demonstrate no problems, particularly after major storms. Ultimately, inspection and maintenance activities should be scheduled based on the historic records and characteristics of an individual StormFilter system or site. It is recommended that the site owner develop a database to properly manage StormFilter inspection and maintenance programs.. Maintenance Guidelines The primary purpose of the Stormwater Management StormFilter® is to filter and prevent pollutants from entering our waterways. Like any effective filtration system, periodically these pollutants must be removed to restore the StormFilter to its full efficiency and effectiveness. Maintenance requirements and frequency are dependent on the pollutant load characteristics of each site. Maintenance activities may be required in the event of a chemical spill or due to excessive sediment loading from site erosion or extreme storms. It is a good practice to inspect the system after major storm events. Maintenance Procedures Although there are many effective maintenance options, we believe the following procedure to be efficient, using common equipment and existing maintenance protocols. The following two-step procedure is recommended:: 1. Inspection • Inspection of the vault interior to determine the need for maintenance. 2. Maintenance • Cartridge replacement • Sediment removal Inspection and Maintenance Timing At least one scheduled inspection should take place per year with maintenance following as warranted. First, an inspection should be done before the winter season. During the inspection the need for maintenance should be determined and, if disposal during maintenance will be required, samples of the accumulated sediments and media should be obtained. Second, if warranted, a maintenance (replacement of the filter cartridges and removal of accumulated sediments) should be performed during periods of dry weather. 3 Inspection Procedures The primary goal of an inspection is to assess the condition of the cartridges relative to the level of visual sediment loading as it relates to decreased treatment capacity. It may be desirable to conduct this inspection during a storm to observe the relative flow through the filter cartridges. If the submerged cartridges are severely plugged, then typically large amounts of sediments will be present and very little flow will be discharged from the drainage pipes. If this is the case, then maintenance is warranted and the cartridges need to be replaced. Warning: In the case of a spill, the worker should abort inspection activities until the proper guidance is obtained. Notify the local hazard control agency and Contech Engineered Solutions immediately. To conduct an inspection: Important: Inspection should be performed by a person who is familiar with the operation and configuration of the StormFilter treatment unit. 1. If applicable, set up safety equipment to protect and notify surrounding vehicle and pedestrian traffic. 2. Visually inspect the external condition of the unit and take notes concerning defects/problems. 3. Open the access portals to the vault and allow the system vent. 4. Without entering the vault, visually inspect the inside of the unit, and note accumulations of liquids and solids. 5. Be sure to record the level of sediment build-up on the floor of the vault, in the forebay, and on top of the cartridges. If flow is occurring, note the flow of water per drainage pipe. Record all observations. Digital pictures are valuable for historical documentation. 6. Close and fasten the access portals. 7. Remove safety equipment. 8. If appropriate, make notes about the local drainage area relative to ongoing construction, erosion problems, or high loading of other materials to the system. 9. Discuss conditions that suggest maintenance and make decision as to weather or not maintenance is needed. Maintenance Decision Tree The need for maintenance is typically based on results of the inspection. The following Maintenance Decision Tree should be used as a general guide. (Other factors, such as Regulatory Requirements, may need to be considered) 1. Sediment loading on the vault floor. a. If >4” of accumulated sediment, maintenance is required. 2. Sediment loading on top of the cartridge. a. If >1/4” of accumulation, maintenance is required. 3. Submerged cartridges. a. If >4” of static water above cartridge bottom for more than 24 hours after end of rain event, maintenance is required. (Catch basins have standing water in the cartridge bay.) 4. Plugged media. a. If pore space between media granules is absent, maintenance is required. 5. Bypass condition. a. If inspection is conducted during an average rain fall event and StormFilter remains in bypass condition (water over the internal outlet baffle wall or submerged cartridges), maintenance is required. 6. Hazardous material release. a. If hazardous material release (automotive fluids or other) is reported, maintenance is required. 7. Pronounced scum line. a. If pronounced scum line (say ≥ 1/4” thick) is present above top cap, maintenance is required. Warning: In the case of a spill, the maintenance personnel should abort maintenance activities until the proper guidance is obtained. Notify the local hazard control agency and Contech EngineeredSolutions immediately. Important: Inspection should be performed by a person who isfamiliar with the operation and configuration of the StormFiltertreatment unit. Warning: In the case of a spill, the maintenance personnel should about maintenance activities until the proper guidance is obtained. notify the local hazard control agency and Contech Engineered Solutions immediately. Important: Care must be used to avoid damaging the cartridges during removal and installation. The cost of repairing componentsdamaged during maintenance will be the responsibility of the owner. Important: Care must be used to avoid damaging the cartridges during removal and installation. The cost of repairing components damaged during maintenance will be the responsibility of the owner. C. Set the used cartridge aside or load onto the hauling truck. D. Continue steps a through c until all cartridges have been removed. Method 2: A. This activity will require that maintenance personnel enter the vault to remove the cartridges from the under drain manifold and place them under the vault opening for lifting (removal). Disconnect each filter cartridge from the underdrain connector by rotating counterclockwise 1/4 of a turn. Roll the loose cartridge, on edge, to a convenient spot beneath the vault access. B. Unscrew the cartridge cap. C. Remove the cartridge hood and float. D. At location under structure access, tip the cartridge on its side. E. Empty the cartridge onto the vault floor. Reassemble the empty cartridge. F. Set the empty, used cartridge aside or load onto the hauling truck. G. Continue steps a through e until all cartridges have been removed. Maintenance Depending on the configuration of the particular system, maintenance personnel will be required to enter the vault to perform the maintenance. Important: If vault entry is required, OSHA rules for confined space entry must be followed. Filter cartridge replacement should occur during dry weather. It may be necessary to plug the filter inlet pipe if base flows is occurring. Replacement cartridges can be delivered to the site or customers facility. Information concerning how to obtain the replacement cartridges is available from Contech Engineered Solutions. Warning: In the case of a spill, the maintenance personnel should abort maintenance activities until the proper guidance is obtained. Notify the local hazard control agency and Contech Engineered Solutions immediately. To conduct cartridge replacement and sediment removal maintenance: 1. If applicable, set up safety equipment to protect maintenance personnel and pedestrians from site hazards. 2. Visually inspect the external condition of the unit and take notes concerning defects/problems. 3. Open the doors (access portals) to the vault and allow the system to vent. 4. Without entering the vault, give the inside of the unit, including components, a general condition inspection. 5. Make notes about the external and internal condition of the vault. Give particular attention to recording the level of sediment build-up on the floor of the vault, in the forebay, and on top of the internal components. 6. Using appropriate equipment offload the replacement cartridges (up to 150 lbs. each) and set aside. 7. Remove used cartridges from the vault using one of the following methods: Method 1: A. This activity will require that maintenance personnel enter the vault to remove the cartridges from the under drain manifold and place them under the vault opening for lifting (removal). Disconnect each filter cartridge from the underdrain connector by rotating counterclockwise 1/4 of a turn. Roll the loose cartridge, on edge, to a convenient spot beneath the vault access. Using appropriate hoisting equipment, attach a cable from the boom, crane, or tripod to the loose cartridge. Contact Contech Engineered Solutions for suggested attachment devices. B. Remove the used cartridges (up to 250 lbs. each) from the vault. Important: If vault entry is required, OSHA rules for confined spaceentry must be followed. Warning: In the case of a spill, the maintenance personnel should abort maintenance activities until the proper guidance is obtained. Notify the local hazard control agency and Contech EngineeredSolutions immediately. Important: Care must be used to avoid damaging the cartridgesduring removal and installation. The cost of repairingcomponents damaged during maintenance will be theresponsibility of the owner. 8. Remove accumulated sediment from the floor of the vault and from the forebay. This can most effectively be accomplished by use of a vacuum truck. 9. Once the sediments are removed, assess the condition of the vault and the condition of the connectors. 10. Using the vacuum truck boom, crane, or tripod, lower and install the new cartridges. Once again, take care not to damage connections. 11. Close and fasten the door. 12. Remove safety equipment. 13. Finally, dispose of the accumulated materials in accordance with applicable regulations. Make arrangements to return the used empty cartridges to Contech Engineered Solutions. Related Maintenance Activities - Performed on an as-needed basis StormFilter units are often just one of many structures in a more comprehensive stormwater drainage and treatment system. In order for maintenance of the StormFilter to be successful, it is imperative that all other components be properly maintained. The maintenance/repair of upstream facilities should be carried out prior to StormFilter maintenance activities. In addition to considering upstream facilities, it is also important to correct any problems identified in the drainage area. Drainage area concerns may include: erosion problems, heavy oil loading, and discharges of inappropriate materials. Material Disposal The accumulated sediment found in stormwater treatment and conveyance systems must be handled and disposed of in accordance with regulatory protocols. It is possible for sediments to contain measurable concentrations of heavy metals and organic chemicals (such as pesticides and petroleum products). Areas with the greatest potential for high pollutant loading include industrial areas and heavily traveled roads. Sediments and water must be disposed of in accordance with all applicable waste disposal regulations. When scheduling maintenance, consideration must be made for the disposal of solid and liquid wastes. This typically requires coordination with a local landfill for solid waste disposal. For liquid waste disposal a number of options are available including a municipal vacuum truck decant facility, local waste water treatment plant or on-site treatment and discharge.