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CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
The City of Oshkosh, the Governing Body, and Alro Steel Corp., the Property owner,
along with their successors and assigns, are the parties to this Agreement. The purpose of
this Agreement is to ensure adequate storm water drainage facilities for the Property
described in this Agreement in connection with the surrounding public storm water
facilities. The consideration for this Agreement includes the City's approval of proposed
development on the Property. Additional consideration includes the Property owner's
clearer understanding of storm water drainage obligations for the Property, and the
Governing Body's assurance that the storm water drainage issues relating to the property
can be more easily achieved through this Agreement.
CURRENT PROPERTY OWNERS SUBJECT TO THIS AGREEMENT:
Alto Steel Corp.
43 East 10t' Avenue
Oshkosh, WI 54902
GOVERNING BODY: City of Oshkosh
PROPERTY SUBJECT TO THIS AGREEMENT
DOC# 1912269
NATALIE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
03/ 19/ 2020 09:38 AM
RECORDING FEE: 30.00
PAGES: 15
Recording Area
Name & Remm Address.
Oshkosh City Attorney's Office
PO Box 1130
Oshkosh, WI 54903-1130 V rL
Tax Parcel
91310221001
The Property subject to this Agreement is Lot 1 of Certified Survey Map 7175, a copy of which is attached hereto and incorporated
herein as Exhibit "A", located in the City of Oshkosh, Winnebago County, and is more particularly described as follows:
Lot 1 of Certified Survey Map 7175 as recorded with the Winnebago County Register of Deeds
on December 22, 2016, as Document Number 1730411, being part of the Northwest'/a of the Northwest 1/4, Section
10, Township 17 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin.
GRADING AND DRAINAGE PLAN
The Property must always comply with the grading and drainage plan approved by the City. The approved grading and drainage plan
may be amended or modified from time to time after consultation withthe Property owner. Compliance will be evaluated according to
the most current approved plan. A small scale version of the current grading and drainage plan is attached as Exhibit `B" for
identification and reference purposes. The full scale grading and drainage plan is on file for review with the City Department of Public
Works, and will be used to provide grading and drainage criteria and to govern compliance and any disputes.
PURPOSE
The three (3) primary purposes of this Agreement:
1) Notify the Property owner, as well as anyone interested in or connected to the Property that the Property is subject to this Agreement
and Chapter 14 of the Oshkosh Municipal Code, as amended, and that any owner of the Property assumes these obligations; and,
2) Identify specific storm water facilities that currently exist on the Property, or may be constructed or installed in the future; and,
3) Describe the minimum responsibilities for maintaining the Property's approved storm water management facilities and grading and
drainage plan.
December 19, 2018
is-
0 I,
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Title
RESTRICTIONS
The Property must always conform to its most current grading and drainage plan approved by the City. The Property is also subject to
all aspects of the Municipal Code, including storm water management requirements, as may be amended, which are currently located in
Chapter 14 of the Municipal Code. The storm water management requirements of the Municipal Code change from time to time, with
the Property owner receiving public notice as required by law. Changes may be made to the grading and drainage plan for the Property
if requested by the Property owner and after review of any changed circumstances on the Property. The approved grading and drainage
plan for the Property will be on file in the City of Oshkosh Department of Public Works and is fully incorporated by reference in this
Agreement.
RESPONSIBLE PARTIES
Each owner of the Property, jointly and severally, as well as their heirs, successors, and assigns, is responsible for maintaining the
Property in the manner described in this Agreement. The Property owner's responsibilities include maintaining approved vegetation,
grading, drainage, and storm water facilities on the Property.
STORM WATER FACILITIES
The Property's storm water facilities consist of
1. Wet Basin; and,
2. Dry Basins; and,
3. Swales; and,
4. Catch Basins; and,
5. Storm Sewer; and,
6. Inlet; and
7. Manhole Covers.
INSPECTION AND MAINTENANCE
All storm water facilities and components of the storm water system shall be inspected at least semiannually, with one inspection
occurring in early spring and one inspection occurring in early autumn. The Property's storm water drainage system must also be
inspected after major storm events. The storm water facilities and grading and drainage scheme must be maintained as designed in
order to achieve the desired storm water drainage objectives. Therefore, maintenance and repairs must be performed expeditiously
when system deficiencies are identified. The existence of soil erosion, clogged or damaged inlets and/or pipes, sedimentation of the
basin and/or biofilter, tilling of side slopes, and other damaged features of the stormwater system are examples of items requiring
maintenance or repair work. Material removed from the basin or biofilter may require special handling dependent upon current
Wisconsin Department of Natural Resources disposal practices.
If a biofilter is installed/constructed, then biofilter maintenance activities include: remove coarse and gravel sediment that has
accumulated; maintaining proper level of mulch; inspecting surface and repair eroded areas; inspect filter strip rip -rap and repair as
needed; inspect energy dissipator rock or grass inlet areas; inspect overflow structures; replace filter bed; inspect perforated pipe under
drain•, remove litter and debris; water plants; replace dying plants; and replace vegetation when necessary. Biofilter inspection and
maintenance requirements applicable to the Property will change as the rules enforced by the Governing Body change.
If a wet basin is installed/constructed, then dredging operations are required to remove the excess sediment when the depth of water in
the wet detention basin diminishes below three feet causing the efficiency of the detention basin to decrease. The storm water detention
basin(s) must retain the safety shelf after dredging. Damage to the safety shelf or detention basin liner must be repaired to preserve the
safety and operation of the facilities.
If a dry basin and/or swale is installed/constructed, then dry basin and swale maintenance includes removal of trash and debris,
repairing erosion, maintaining vegetation, and dredging when necessary.
December 19, 2018
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Title
The examples of maintenance activities that are identified above are not intended to be complete. The minimum information required
to be viewed as a guideline for potential maintenance or repair activities is identified in the Inspection and Maintenance Logs attached
as Exhibit "C". The Property owner shall, upon request, make available for inspection all maintenance records to the City's
Department of Public Works, or any agent of the City, during the life of the system.
Mowing in buffer areas, detention basin banks and drainage ways shall be minimized in order to maximize filtration of runoff. If
occasional mowing is necessary, the mowing height must not be less than six inches. Applications of fertilizers, herbicides, pesticide or
other chemical applications are prohibited in buffer areas, on detention basin banks and along drainage ways.
COMPLIANCE
The Property benefits from a properly maintained grading and drainage plan as well as properly maintained storm water facilities. In
the event the Property owner fails to perform any obligation related to this Agreement, the City of Oshkosh shall have the authority to
enter the private Property to inspect, maintain, repair, reconstruct, and/or modify any component of the approved grading and drainage
Plan or storm water facility. The City has no duty to take such action but may do so at its discretion. The ability to enter the Property
and take such action is not an exclusive remedy, and the City may take any lawfid action to enforce this Agreement and/or the
Municipal Code. The Property owner grants to the City of Oshkosh a limited, nonexclusive easement in perpetuity over the Property
for the purpose of addressing grading and drainage deficiencies, as well as providing reasonable and necessary access to any storm
water facility that is located on or within the Property. The City of Oshkosh shall use only that part of the Property reasonably
necessary to allow the inspection, maintenance, and/or repair of the approved grading and drainage plan or any storm water facility. If
the City elects to perform maintenance or repairs on the Property, then all associated costs for performing this work and enforcing this
Agreement and/or storm water management requirements of Chapter 14 of the Municipal Code, as may be amended from time to time,
are subject to reimbursement from Property owners, jointly and severally, or through encumbrances on the Property itself.
Reimbursement remedies include placing an encumbrance against the Property as a Special Charge for Current Services pursuant to
Sec. 66.0627 Wisconsin Statutes, as amended, or through other methods to collect directly from the Property owner as allowed by law
at the City's discretion. Any Special Charge for Current Services shall be a lien on the Property and shall be collected with the real
estate taxes. The Property owner affirmatively waives notice requirements for Special Charges, and this provision shall constitute the
Property owner's, and any respective lot/parcel owner(s) if applicable, waiver of notice of hearing otherwise required by Sections
66.0627 or 66.0703 of the Wisconsin Statutes. The storm water management facilities shall be for the benefit of the City of Oshkosh
and the Property as described in this Agreement. This Agreement is not intended to benefit third parties and there shall be no third
party beneficiaries.
RECORDING
This agreement shall be recorded with the land records of the Winnebago County, Wisconsin, Register of Deeds Aho Steel Corp., shall
bear the cost of recording this document.
AMENDMENTS
This Agreement may be amended in whole or in part at any time by the owner of the Property, provided: 1) the amendment(s) are
approved in writing by the owners of a majority of the lots within the Property as recorded with the Register of Deeds, Winnebago
County, Wisconsin; and, 2) the amenthnent(s) are approved in writing by the City of Oshkosh Board of Public Works. This
Agreement shall be a permanent covenant that shall, as provided by law, run with the land and any amendment to this Agreement shall
be subject to the prior approval by the City of Oshkosh.
SIGNATURES ON FOLLOWING PAGE
December19,2018
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Doeument Title
For the Owner/Developer:
ALRO STEEL CORP. / /f
Ju ' W lliams, General Manage4—o osh
STATE OF WISCONSIN ) MARIA GRAMINSKE
) ss. Notary Public
WINNEBAGO COUNTY ) State of Wisconsin
Personally came before me this 744%� day of v 2018, the above named Judi Williams, to me known
to be such person who executed the foregoing ins ent and wledg�Uke same, for the purpose herein contained.
Notary Public, State of Wisconsin
My Commission expires:
For the City of Oshkosh:
n F1tZ c "St
• C.-y MancLW
State of Wisconsin )
) as.
Winnebago County )
Personal] came before me on this y ^� 20 John FiIzpotrick
Y day of Maya 1 , 20X the above named, Mark21c-Rubin and
Aene�%-- .g to me known to be the persons who executed the foregoing instrument and acknowledged the
sam o`-beckel
ota c, State of Wisconsin
My commission expires: J23
Approved as to form: _
►� r
This document was drafted by:
David J. Praska
Deputy City Attorney
Oshkosh, WI54903-1130
December 19, 2018
I•
1730411
REGISTER'S OFFICE
CERTIFIED SURVEY MAP ND. _I11S WINNESAGO COUNTY, WI
RECORDEO ON
PART OF THE NORTHWEST 114 OF THE NORTHWEST I/4, 12/u/2016 9:43 AM
SECTION 10, TOWNSHIP 17 NORTH, CHRISTOPHER LARSON
UOGE 16 EAST, CITY OF OSHKOSH. WINNEBAGO COUNT', OEPUTYREGrS"ROFDEEOS
WISCONSM, w I n. 7"S
RECORDING FEE 30,00
PAGES:4
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ACRES
DEDICATED
Ip, TO THE PUBLIC
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EXHIBIT A
page 1 of 4
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CERTH IED SURVEY MAP N0. 7 ! 75
SURVEYORS CERTIFICATE:
I, MICHAEL L. ROUBAL, PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY:
THAT I HAVE SURVEYED, MAPPED, AND DIVIDED AT THE DIRECTION OF RICHARD L. GABERT AND
THOFWS . RUSCH, PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, SECTION 10, TOWNSHIP 17
NORTH, RANGE 16 EAST, CITY OF OSHKOSH. WINNEBAGO COUNTY, WISCONSIN, MORE FULLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 10; THENCE SOUTH 88 DEGREES 22
MINUTES 22 SECONDS EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION, A
DISTANCE OF 356.08 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 22 MINUTES 22
SECONDS EAST, CONTINUING ALONG SAID NORTH LINE, A DISTANCE OF 954,33 FEET; THENCE SOUTH
00 DEGREES 42 MINUTES 24 SECONDS WEST, ALONG THESE EAST LINE OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION, A DISTANCE OF 1328.12 FEET; THENCE NORTH 88 DEGREES 21
MINUTES 19 SECONDS WEST, ALONG THE NORTH LINE OF CERTIFIED SURVEY MAP NO. 5928, A
DISTANCE OF 1073.08 FEET; THENCE NORTH 00 DEGREES 28 MINUTES 50 SECONDS EAST, ALONG THE
EAST RIGHT-OF-WAY LINE OF POSERSZNY ROAD, A DISTANCE OF 1181.54 FEET; THENCE NORTH 48
DEGREES 31 MINUTES 11 SECONDS EAST, CONTUNING ALONG THE EAST RIGHT-OF-WAY LINE OF
POBEREZNY ROAD, A DISTANCE OF 165.82 FEET; THENCE NORTH 01 DEGREES 37 MINUTES 38 SECONDS
EAST, A DISTANCE OF 33-00 FEET TO THE pOINT OF BEGINNING. CONTAINING 1,417,228 SQ.FT.
[32-535 ACRES]. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
THAT I HAVE FULLY COMPLIED WITH CHAPTER 236.34 OF THE WISCONSIN STATUTES AND WITH THE
CITY OF OSHKOSH SUBDIVISION ORDINANCE IN SURVEYING, DIVIDING AND MAPPING THE SAME.
THAT THIS MAP IS A CORRECT REPRESENTATION OF ALL THE EXTERIOR BOUNDARIES OF THE LAND
SURVEYED AND THE DIVISION THEREOF.
GIVEN UNDER MY HAND THIS 30TH DAY OF NOVEMBER, 2016.
•••'
MSCyAEL L. EQU-AL, PRO.ESSIONAL WI LAND SURVEYOR S-2442
_ y ROUBAL "
m - S•2442
HORTONMLLE :' >
Fj�,�O
LAN9 5vQ
CITY OF OSHKOSH PLANNING COMMITTEE CERTIFICATE:
THIS CERTIFIED SURVEY MAP OF BEING PART OF CITY OF OSHKOSH, WINNEBAGO COUNTY,
IS HEREBY APPROVED.
DAT THIS �OOf DAY OP �e c� m b {, r 2016.
PLANNING COMMIS ON &AYY
THIS CERTIFIED SURVEY MAP IS CONTAINED WHOLLY WITHIN TEE PROPERTY DESCRIBED IN THE FOLI RECORDED INSTRUM,,,,
OWNERS OF RECORD: RECORDING INFORMATION: PARCEL NUMBER:
THOMAS N. RUSCH AND DOCUMENT NO. 1496331 13-1022-1000
RICHAR➢ L. GABERT
IBIT A
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PROJECT W. 0-14E0-002
SHEET 2 OF 4
CERTIFIED SURVEY MAP NO.
OWNERS CERTIPICA=-
AS OWNER I, THE UNDERSIGNED, HEREBY CERTIFY THAT I CAUSED THE LAND ABOVE DESCRIBED TO
BE SURVEYED, NAPPED, DIVIDED � AND DEDICATED AS SHOWN AND REPRESENTED ON THIS MAP.
DATSD THIS 1 E�% DAY OF J/JC'( , , 2016.
P N. RDSCH '0-)
THOMAS . qq
STATE OF
WI�I/Iel7dAO )BE
Comm )
PER$QNALLY BEFORE ME ON THE 14 ObAY
ME
OF . K.... _ 2016, THE ABOVE OWNER
TO, NOWN TO BB THE PERSON WHO EXECUTED THE
FOREGOING INSTRUMENT AND ACKNOWLEDGE THE SAME.
II
NOTW PUBLIC,
STATE OP &)I 3c
MY COMMISSION (IS PENT)
(EXPIRES: II " II "I )
PROJECT NO, 0-14aC-002 1EXHIBIT A
SHEET. I DP < page 3of 4
CERTIFIED SURVEY MAP NO. _717f_
OWNERS CERTIFICATE:
AS OWNER I, THE UNDERSIGNED, HERESY CERTIFY THAT I CAUSED THE LAND ABOVE DESCRIBED TO
BE SURVEYED, NAPPED, DIVIDED AND DEDICATED AS SHOWN AND REPRESENTED ON THIS MAP.
DATED THIS .,& _DAY OF , 2016.
RICHARD L.-GABERT
STATE OF WISCONSIN ) GEHISTOBB
Notary Public
�L CSCettS.uJ ) EE State of Wisconsin
COUNTY )
PERSONALLY CAME BEFORE ME ON THE V DAY
OF 2016, THE ABOVE OWNER
TO ME KNOWN TO BE THE PERSON WHO EXECUTED THE
FOREGOING INSTRUMENT AND ACKNOWLEDGE THE SAME.
NOTARY PUBLIC, STATE OF WISCONSIN
MY COMMISSION IIS P )
(EXPIRES: 9- a! )
PROTECT N0. 0-1-90-002 XHIBIT A
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Name of Site:
Inspector:
Municipality
Contact:
Inspection & Maintenance Log
Detention Basin
Address:
Company:
Phone:
Inspection Year:
* Facility owner responsible for inspecting, maintaining, and repairing facility components after major
storm events (greater than W ), annually at a minimum. Check any deficiencies noted and comment
for maintenance actions taken, date of repair, and any alerts. Inspection items with no * should be
completed by a qualified professional every five years (or more frequently if concerns are noted).
nspection Item
Storm
Date
Storm
Date
Storm
Date
Maintenance Action
Date
sionrash
r
Accumulationllution
*
Abnormal water levels `
Sediment Accumulation
Depressions, Whirlpools, Sinkholes
Embankment
1. Upstream Siope- Poor Grass Cover*
Erosion or Slides *
Trees/Brush Growing on Slopes
Deficient Riprap Protection
Animal Burrows *
Depressions or Bulges
Settlement
Longitudinal Cracks
Transverse Cracks
Page t of Rev. 02/22/2008
EXHIBIT C
page 1 of 5
•
Inspection & Maintenance Log
Detention Basin
Inspection Item
Storm
Date
Storm
Date
Storm
Date
Maintenance Action
Date
2. Crest —Settlement
Misalignment
Cracking
3. Downstream Slope - Poor Grass
Cover*
Erosion or Slides'
Trees/Brush Growing on Slopes
Animal Burrows *
Excessive or Cloudy Seepage
Longitudinal Cracks
Transverse Cracks
Depressions or Bulges
Settlement
Seeps, leaks, or boils
Page 2 of 4 Rev. 02/22/2008
EXHIBIT C
page 2 of 5
Inspection & Maintenance Log
Detention Basin
Inspection Item
Storm
Date
Storm
Date
Storm
Date
Maintenance Action
Date
4. Emergency Spillway —Exposed
Fabric *
Overgrown Vegetation
Erosion/Backcutting at berm or road'
Rutting or pot -holes *
Obstructions or debris `
Inadequate Riprap/Armor*
Cracking
Slumping/Sloughing of Embankment
Settlement
Spillway
I. Eroding or Backcutting *
Overgrown Vegetation *
Obstructions with Debris
Excessive Siltation *
Slumping/Sloughing
Control Structure
1. Inlet - Debris in Conveyance Area
Erosion or Undercutting *
Stop -log deterioration / leaking
Joint Separation
Cracks in Concrete
Deteriorated piping
Displacement of Structure
Page 3 of 4 Rev. 02/221200B
EXHIBIT C
page 3 of 5
11
Inspection & Maintenance Log
Detention Basin
2. Outlet - Erosion or Backcutting *
Debris in Culvert or Trash Rack *
Undermining/Scour*
Inoperable control valve
Inoperable flap gate
Joint Separation
Cracks in Concrete
Downstream Area
1. Erosion*
Debris / Obstructions
2. Bridge / Culvert Problems
Buildings Issues
Foundation Concerns
Page 4 of 4 Rev. 02/22/2008
EXHIBIT C
page 4 of 5
Inspection & Maintenance Log
Catch Basin / Proprietary Device
Inspection Year:
Name of Site: Address:
Inspector: Company:
Municipality
Contact: Phone:
* Facility owner responsible for inspecting, maintaining, and repairing facility components after major
storm events (greater than '/"), annually at a minimum. Check any deficiencies noted and comment
for maintenance actions taken, date of repair, and any alerts. Inspection items with no * should be
completed by a qualified professional every five years (or more frequently if concerns are noted).
Inspection Item
Storm
Date
Storm
Date
Storm
Date
Maintenance Action
Date
Catch Basin /Proprietary Device
Inlet Protection *
Remove after
Stabilization
Debris / Trash Accumulation *
Clean up/Remove
Abnormal water levels *
Contact Municipality
Sediment / Floatables Accumulation *
Remove (pump and
dispose of at
wastewater treatment
plant) **
Depressions around facility
Contact Municipality
Joint Separation
Contact Municipality
Cracks in Concrete
Contact Municipality
Deteriorated piping
Contact Municipality
Displacement of Structure
Contact Municipality
** Pumping Details (based on design guidelines):
Type of unit(s)
Dates Pumped
Pumper
Design Pumping Frequency
Disposal Location
Page t of 1 Rev, 02/22/2008
EXHIBIT C
page)Cof 5
6