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Home My WebLink AboutRC 20171002000911 r k Return Address: _ __ City Clerk's Office ` � l �� City of Renton ��1�� I�� 1055 S Grady Way ��'� � Renton,WA 98057 GOV�NANT Ftee:S't58.40 "10J272i�17 11:2$AM 1CCN��t)t3AtT'Y,1NA DECLARATION OF COVENANT AND EASEMENT FOR INSPECTION AND MAINTENANCE OF DRAINAGE FACILITIES AND ON-SITE BMPS Grantor: HOTEL AT SOUTHPORT LLC Grantee: City of Renton Legal Description: NEW LOT A OF CITY OF RENTON LOT LINE ADJUSTMENT NO LUA14-001514 (SOUTHPORT LOT LINE ADJUSTMENT) RECORDING NO 20141223900010 Assessor's Tax Parcel ID#: 0523059075 IN CONSIDERATION of the approved City of Renton(check one of the following) ❑ residential building permit,]$[ commercial building permit, ❑ clearing and grading permit, ❑ subdivision pexmit,or❑ short subdivision permit for application file No. LUA/SWP 14-000645 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 Pazagraphs 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 3816 on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) U 140006572 . 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 Page 1 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,andJor 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 andlor 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 payxnents will require payrnent 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 perfornung 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 2 of 3 Declaration of�ovenant sh�ll run with the land and be bindirag upon Grantox(s),and Grantor's(s') K successors in interest,and assigns. 9. This Declararioz�of CavenanE may be terminated by execution of a written agreetnent by the Owners and the City that is recorded hy King County in its real prnperty records. iN WTTN�SS WHEREOF,this Declaration of C venant far the Inspectzon and Maintenance of a: Drain,age Faciliries is executed this�'1.��'day of`�r','��,j�,20�. � ,��/ �� C�rRANTOR;owner of the Property GRANTC�R,owner of the Property STATE OF WA,SHIIVGTON ) COUNTY OF KING }ss. On this day personaily appeared before me: � � �'�� ' � �� ! ,to rne known to be the individual(s}described in and who executed the within and foregoing instrurs�ent and acknawledged that they signed the sa�ne as their free and voluntary act and deed, far the uses and purppses therein stated. 7'T� Given under myhand and affzG�al seal this � � day of��'- = ��t'�'�7��'" ,,20 �� --� r C�.�.��:� ..4�``��Cfl�.��it�� -.-��(,� �p �� t�iS ��s..��,��f��ii� �j/�f/ Printed name � ` `` ��'r,� i� Notary Public in and for the State of Washington, � .,t�� a '�s � xesiding at : % .._' :'� � � �,� s ` % ' Jn �.`�Q� �" - 'l �, ti►��1� 11 29".' ,c�_" �� ' �t ,./',?,� !►yi1��t�x�..a�•�r.j�� F o��r�p� � � �� . �� My appoint�nent expires Page 3 of 3 EXHIBIT A o 50 �o0 2ao I I LAKE WASHINGTON � ;;,��,u�,;,;,�,��,�,�+ �, — I I - - - - - - �� I � � , o� � \ � �� CONTECH STORMFILTER ' . CARTRIDGE THE HOTEL AT CATCH BASIN I SOUTHPORT � �° � � � �, � `�"�"��°••��"��"^"`��\\\\\\\\\\\\\\\\\\\\� � � �--v \, � O � � \ I ❑o � � p' o I � ° o� . I � � o I �� — — — ��,,.�.� •ys::w;�a�vv _ CONTECH STORMFILTER � � I CARTRIDGE MANHOLE \�� < I . ��. EXHIBIT B APPENDIX A MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES AND ON-SITE BMPS NO. 21 - PROPRIETARY FACILITY CARTRIDGE FILTER SYSTEMS MAINTENANCE DEFECT OR CONDITION WHEN MAINTENANCE RESULTS EXPECTED WHEN COMPONENT PROBLEM IS NEEDED 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 Maintenance records are up to date. inspection. Provide certification of replaced filter Filter media is certified to meet media. manufacturer specifications. Site Trash and debris Any trash or debris which impairs the Trash and debris removed from facility. function of the facility. Contaminants and Any evidence of contaminants or pollution Materials removed and disposed of pollution such as oils,gasoline,concrete slurries or according to applicable regulations.Source paint 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 Sediment on vault Varies—Refer to manufacturers Vault is free of sediment. Area floor requiremeMs. Sediment on top of Varies—Refer to manufacturer's Vault is free of sediment. cartridges requirements. Multiple scum lines Thick or multiple scum lines above top of Cause of plugging corrected,canisters above top of cartridges.Probably due to plugged replaced if necessary. cartridges canisters or underdrain manifold. Vault Structure Damage to wall, Cracks wider than'/:-inch and any Vault replaced or repaired to design frame,bottom,and/or evidence of soil particles entering the specifications. top slab structure through the cracks,or qualified inspection personnel determines the vault is not structurally sound. Baffles damaged Baffles corroding,cracking warping,and/or Repair or replace baffies to specification. showing signs of failure as detertnined by maintenance/inspection person. Filter Media Standing water in Varies—Refer to manufacturer's No standing water in vault 24 hours after a vault requirements. rain event. ShoR circuiting Flows do not properly enter filter Flows go through filter media. cartridges. Underdrains and Sediment and debris Underdrains or clean-outs partially plugged Underdrains and clean-outs free of Clean-Outs or filled with sediment and/or debris. sediment and debris. InIeUOutlet Pipe Sediment Sediment filling 20%or more of the pipe. InleUoutlet pipes clear of sediment. accumulation Trash and debris Trash and debris accumulated in No trash or debris in pipes. inleUoutlet pipes(includes floatables and non-floatables). Damaged inleUoutlet Cracks wider than'/rinch at the joint of the No cracks more than Y,-inch wide at the pipe inleUoutlet pipes or any evidence of soil joint of the inleUoutiet pipe. entering at the joints of the inleUoutlet pipes. � � � APPENDIX A MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES AND ON-SITE BMI'S NO. 21 - PROPRIETARY FACILITY CARTRIDGE FILTER SYSTEMS MAINTENANCE DEFECT OR CONDITION WHEN MAINTENANCE RESULTS EXPECTED WHEN COMPONENT PROBLEM IS NEEDED MAINTENANCE IS PERFORMED Access Manhole Covedlid not in place Cover/lid is missing or only partially in Manhole access covered. place.My open manhole requires immediate maintenance. Locking mechanism Mechanism cannot be opened by one Mechanism opens with proper tools. not working maintenance person with proper tools. Bolts cannot be seated.Seif-locking cover/lid does not work. Covedlid difficult to One maintenance person cannot remove Cover/lid can be removed and reinstalled remove covedlid after applying 80 Ibs of lift. by one maintenance person. Ladder rungs unsafe Missing rungs,misalignment,rust,or Ladder meets design standards.Allows cracks. maintenance person safe access. Large Access Damaged or di�cult Large access doors or plates cannot be Replace or repair access door so it can Doors/Plate to open opened/removed using normal equipment. opened as designed. Gaps,doesn't cover Large access doors not flat and/or access Doors close flat and cover access opening completely opening not completely covered. completely. Lifting Rings missing, Lifting rings not capable of lifting weight of Lifting rings sufficient to lift or remove door rusted door or plate. or plate. C:::NTECH° ENGINEERED SOWTIONS StormFilter inspection and Maintenance Procedures r � Maintenance Guidelines In addition to these two activities,it is important to check The primary purpose of the Stormwater Management the condition of the StormFilter unit after major storms for StormFilter�is to filter and prevent pollutants from entering our Potential damage caused by high flows and for high sediment waterways.Like any effective filtration system,periodically these accumulation that may be caused by localized erosion in the pollutants must be removed to restore the StormFilter to its full drainage area.It may be necessary to adjust the inspection/ efficiency and effectiveness. maintenance schedule depending on the actual operating conditions encountered by the system.In general,inspection Maintenance requirements and frequency are dependent on the activities can be conducted at any time,and maintenance should pollutant load charaderistics of each site. Maintenance activities occur,if warrented,during dryer months in late summer to early may be required in the event of a chemical spill or due to fall. excessive sediment loading from site erosion or extreme storms.It is a good practice to inspect the system after major storm events. MdI11te11a11C2 FI'@C+U@I7C�/ The primary factor for determining frequency of maintenance for Maintenance Procedures the StormFilter is sediment loading. Although there are many effective maintenance options,we A properly functioning system will remove solids from water by believe the following procedure to be efficient,using common trapping particulates in the porous structure of the filter media equipment and existing maintenance protocols.The following inside the cartridges.The flow through the system will naturally two-step procedure is recommended:: decrease as more and more particulates are trapped.Eventually 1.Inspection the flow through the cartridges will be low enough to require • Inspection of the vault interior to determine the need for replacement.It may be possible to extend the usable span of the maintenance. cartridges by removing sediment from upstream trapping devices on a routine as-needed basis,in order to prevent material from 2.Maintenance being re-suspended and discharged to the StormFilter treatment • Cartridge replacement system. • Sediment removal The average maintenance lifecycle is approximately 1-5 years. Inspection and Maintenance Timing Site conditions greatly influence maintenance requirements. At least one scheduled inspection should take place per year with StormFilter units located in areas with erosion or active maintenance following as warranted. construction may need to be inspected and maintained more often than those with fully stabilized surface conditions. First,an inspection should be done before the winter season. During the inspection the need for maintenance should be Regulatory requirements or a chemical spill can shift maintenance determined and,if disposal during maintenance will be required, timing as well.The maintenance frequency may be adjusted as samples of the accumulated sediments and media should be additional monitoring information becomes available during the obtained. inspection program.Areas that develop known problems should be inspected more frequently than areas that demonstrete no Second,if warranted,a maintenance(replacement of the filter problems,particularly after major storms.Ultimately,inspection cartridges and removal of accumulated sediments)should be and maintenance activities should be scheduled based on the performed during periods of dry weather. historic records and characteristics of an individual StormFilter rystem or site.It is recommended that the site owner develop a database to properly manage StormFilter inspection and maintenance progrems.. Maintenance Decision Tree The need for maintenance is typically based on results of the inspedion. The following Maintenance Decision Tree should be used as , a general guide.(Other factors,such as Regulatory Requirements,may �eed to be considered) 1. Sediment loading on the vault flooc 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.) Inspection Procedures 4, Plugged media. The primary goal of an inspection is to assess the condition of a. If pore space between media granules is absent, the cartridges relative to the level of visual sediment loading as maintenance is required. it relates to decreased treatment capacity.It may be desirable to conduct this inspection during a storm to observe the relative 5. Bypass condition. flow through the filter cartridges.If the submerged cartridges a. If inspection is conducted during an average rain fali are severely plugged,then typically large amounts ot sediments event and StormFilter remains in bypass condition wili be present and very little flow will be discharged from the (water over the internal outlet baffle wall or submerged drainage pipes.If this is the case,then maintenance is warranted cartridges),maintenance is required. and the cartridges need to be replaced. 6. Hazardous material release. Warning:In the case of a spill,the maintenance personnel should abort maintenance activities until the proper guidance is obtained. a. If hazardous material release(automotive fluids or other) Notify the local hazard control agency and Contech Engineered is reported,maintenance is required. Solutions immediately. 7. Pronounced scum line. a. If pronounced scum line(say>_ 1/4"thick)is present To conduct an inspection: above top cap,maintenance is required. Important:Inspection should be performed by a person who is familiar with the operetion and configuration of the StormFilter treatment unit. 1. If applicable,set up safety equipment to protect and notify surrounding vehide 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 insped 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 torebay,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. , . � k, 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 weathec 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 insped the extemal 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, Important:Care must be used to avoid damaging the cartridges including components,a general condition inspection. during removal and installation. The cost of repairing 5. Make notes about the external and internal condition of components damaged during maintenance will be the responsibility of the owner. the vault.Give particular attention to recording the level of sediment build-up on the floor of the vault,in the forebay, C. Set the used cartridge aside or load onto the hauling and on top of the internal components. truck. 6. Using appropriate equipment offload the replacement cartridges(up to 150 Ibs.each)and set aside. D. Continue steps a through c until all cartridges have been 7. Remove used cartridges from the vault using one of the removed. following methods: Method 2: Method 1: A. This activity will require that maintenance personnel enter A. This activity will require that maintenance personnel enter the vault to remove the cartridges from the under drain the vault to remove the cartridges from the under drain manifold and place them under the vault opening for manifold and place them under the vault opening for lifting(removal). Disconnect each filter cartridge from the lifting(removal). Disconnect each filter cartridge from the underdrain connector by rotating counterciockwise 1/4 of underdrain connedor by rotating counterclockwise 1/4 of a turn. Roll the loose cartridge,on edge,to a convenient a tum. Roll the loose cartridge,on edge,to a convenient spot beneath the vault access. �_'; spot beneath the vault access. B. Unscrew the cartridge cap. Using appropriate hoisting equipment,attach a cable C. Remove the cartridge hood and float. from the boom,crane,or tripod to the loose cartridge. ' Contad Contech Engineered Solutions for suggested D. At location under strudure access,tip the cartridge on its attachment devices. side. B. Remove the used cartridges(up to 250 Ibs.each)from the E. Empty the cartridge onto the vault floor.Reassemble the vault. 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. E. Remove accumulated sediment from the floor of the Material Disposal vault and from the forebay.This can most effedively be The accumulated sediment found in stormwater treatment accomplished by use of a vacuum truck. and conveyance systems must be handled and disposed of in S. Once the sediments are removed,assess the condition of the accordance with regulatory protocols. It is possible for sediments vault and the condition of the connectors. to contain measurable concentrations of heavy metals and 10.Using the vacuum truck boom,crane,or tripod,lower and organic chemicals(such as pesticides and petroleum produds). install the new cartridges.Once again,take care not to Areas with the greatest potential for high pollutant loading damage connections. include industrial areas and heavily traveled roads. 11.Close and fasten the dooc Sediments and water must be disposed of in accordance with 7 2.Remove safety equipment. all applicable waste disposal regulations.When scheduling 73.Finally,dispose of the accumulated materials in accordance maintenance,consideration must be made for the disposal of with applicable regulations. Make arrangements to return the solid and liquid wastes.This typically requires coordination with used emotv cartridges to Contech Engineered Solutions. 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. ftelated Maintenance Activities - F'erformed 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 i�,imperative that all other components be properly maintained. 1he maintenance/repair of upstream facilities should be carried c ut prior to StormFilter maintenance activities. In addition to considering upstream facilities,it is also important t�correct any problems identified in the drainage area.Drainage area concerns may include:erosion problems,heavy oil loading, and discharges of inappropriate materials. k Y �