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HomeMy WebLinkAboutMaintenance Agreement- Kyrik Enterprises 1,5 CITY Or OSHKOSH . STORMWATER MANAGE,MENT FACILITY 0 � � MAINTENANCE,AGREEMENT T OC 17731 E3 Document Number Document Title YER REGISTER OF DEEDS INNE AGO COUNTY,WX RECORDED ON: The City of Oshkosh,the Governing Body,and IC 0l c�r201 0 : M yrik Enterprises,LLC, the Property RECORDING EE 33CJ. owner,along with their successors and assigns,are the parties to this Agreement. The PAGES:F E e 00 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. Recording Area CURRENT PROPERTY OWNERS SUBJECT TO THIS AGREEMENT: Name & Return Address: Oshkosh City Attorney's Office I{yrik Enterprises,LLG PO Box-A i3i)WI Oshkosh, 54902-1130 1783 S.Washburn St. --.—. - 0 Oshkosh,WI 54904 Tax Parcel Numbers: 91255900000 GOVERNING BODY: City of Oshkosh PROPERTY SUBJECT TO THIS AGREEMENT The Property subject to this Agreement is located in the City of Oshkosh, Winnebago County,and is more particularly described as follows: North 219.3 feet of the South 319.3 feet of the East 352 feet of the Southeast'/of the Southeast''/4 of Section Two(2),excepting the South 82.5 feet of the West 154 feet and also excepting the Jackson Street right-of-way,all within Township 18 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 with the 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"A"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. 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. 1 October 4,2017 llL. CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document 'Fific 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 fi-om 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 alter 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 sev�rajo.y. -,.swell as their heirs,successors,and assigns, is responsible for maintainingthe grading,drainage,and storm water fa;-,iliciesori tlxPropetty. STORM WATER FACtl_,I,EIFS The Property's storm water facilities consist.of 1, Biofilters;and 2. Storm Sewer. INSPECTION AND MAINTENIANCI, All:storm-mater facilities and components of the stwun water systein shall be inspected at least semiannually,with one inspection occurring in early spring and one inspection occurring it 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 do sized norm water drainage objectives. licrefore.,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,rilling 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,tlicii 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 diss"pator 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 criange as the rules enforced by the 6oveming Body cliange. 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. 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 B. 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. 2 October 4,2017 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document PROHIBITIONS 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 property 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 re-mody,and the City may take any lawful action to enforce this Agreement and/or the Municipal Code. The Property owiwr grants r -un(;City of 0sh1-,oh a limited,nonexclusive e4sernont in perpewity 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 Properly,then all associated costs for performing this work and enforcing this Agreement and/or stone 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 affirmativeiy 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 pat-ties 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. Kyrik Enterprises,LLC, 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 wi-iting,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 amendm--nt(s)are approved in writing by the City of Osbkosli 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 3 October 4,2017 CITY OF 0SHKOS1I STO1UqWATER MANAGEMENT F ACILITY MAINTENANCE AGREEMEN'r Document Number Document Title For the Owner/Developer: ICYrtIK L 'ERPRI 'ES1 LLC,, 'W' Dui Gary a lickas,Member t STATE.OF WISCONSIN ) ss: tYiN2JEBAGO COUNTY } " ,.r ' Y ,.� Y .. LL� � .r"a the saute far Ilt�w u ase hekavickas, to me Personal came before me this � day of` �. 201� the above named Gary R. A. l,no ,n to b,such oTsun who executed thy,foregoing z �_Imcntandacknowled e" 5.. .,..r p � rein contained. Notary Public, n ate of Wisconsin My Commission expires: f For the City qQ shkosh: �,� � " Date: Date: �. Mar A.Rohloff,City Manager Pamela R I rig,City Clerk State of Wisconsin ) ss. Winnebago County ) Personally came before me on this ��_day of.._., 1 _,201$,the above named,Mark A.Rohloff and Pamela R.Ubrig,to me k:zzown to be the persons who execute4tary �PublStsate instrument and, no5vledged the same. f Wisco is t My conunission expires: 2, _ Approved as to form: Dat . ..._ I arerzso t,Ci Attaz°ney This riocument was drafted by: David J. Praska Deputy City Attorney Oshkosh, Wl 54903-t 130 4 October 4,2017 MUN33 1RU-5111 MUN 01111VITOV AHVIUDKIVS elly go 9b 4:1 S 2 P P§; 1; :P, . - - - R e W .-� 9 4 R 4z 41n, 4 E; R F at Al.� ----------- —XI d9 —.-OR c ...... ----- Uwq. 04na 51_r IF,411T !162 Exhib.i'C Inspection & Maintenance Log Bioretention & Rain Garden 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'/2"),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). S+crm St rn- Storm _ Maintenance Action Date tns,.0 r.:tion ;tern __...._ Date Date Date t7utlet/Stancipipe Debris/Trash Accumulation* Clean up/Remove High water levels (near top of basin)* Clean/Inspect discharge Emergency Spillway - _.__ Erosion or Depressions* Repair/Restore Missin Rock* Repair/Restore __._ Basin ._ _----- Debris/Trash Accumulation* Remove Visible pollution(oil sheen, algae, etc)* Report to municipality. Clean and remove pollution Wilting/Dying Plants* Water and/or Replant per approved plan Erosion or Depressions* Repair/Restore Long-Term Standing Water(greater Restore (remove mulch, than 3 days after rain event)* scarify soils around plants,add new mulch) Poor vegetation dansity Replant per approved plan Animal Burrows* Repair. Remove nuisance animals Undesirable/Invasive vegetation Remove/Treat with herbicide. Voids in mulch area Add mulch to depth of 3" Page 1 of 1 Rev.02/2212008 Exhibit