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Home My WebLink AboutStormwater Management Facility Maintenance Agreement Fox Storage Hi min II I 36() 8812254 Tx:4609000 CITY OF OSHKOSH DOC# 1882008 STORMWATER MANAGEMENT FACILITY NATALIE STROHMEYER MAINTENANCE AGREEMENT REGISTER OF DEEDS Document Number Document Title WINNEBAGO COUNTY, WI RECORDED ON: 05/09/2022 11:20 AM RECORDING FEE: 30.00 PAGES: 13 The City of Oshkosh,the Governing Body,and Fox Storage,LLC,the Property owner of RECEIVED all six(6)condominium units of the Algoma Condominium Plaza,and the Algoma Condominium Plaza Owners Association,Inc.,along with their successors and assigns,are MAY 1 6 2022 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 ;T Y CLERK'S OFFICE 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 Recording Area drainage issues relating to the property can be more easily achieved through this Name 8c Return Address: Agreement. Oshkosh City Attorney's Office PO Box 1130 RESPONSIBLE PARTIES I CURRENT PROPERTY OWNERS SUBJECT TO Oshkosh,WI 54903-1130 THIS AGREEMENT: Tax Parcel Numbers: Property Owner(Condominium Units 1—6) 91200010500,91200010501, Fox Storage,LLC 91200010502,91200010503, 1990 W Snell Road 91200010504,91200010505 Oshkosh,WI 54904-1004 Condominium Owners Association Algoma Condominium Plaza Owners Association,Inc. 2775 Algoma Blvd. Oshkosh,WI 54901 GOVERNING BODY: City of Oshkosh PROPERTY SUBJECT TO THIS AGREEMENT The Property subject to this Agreement is the Algoma Condominium Plaza,which is located in the City of Oshkosh,Winnebago County,and is more particularly described as follows: SEE EXHIBIT"A" 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 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, 1 March 14, 2022 1 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title 3)Describe the minimum responsibilities for maintaining the Property's approved storm water management facilities and grading and drainage plan. 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. Both parties agree to make good faith efforts to mutually address and resolve changing circumstances and/or changing requirements.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. Storm Sewer; 2. Catch Basin;and 3. Detention Basin. INSPECTION AND MAINTENANCE All storm water facilities and components of the storm water system shall be inspected at least semiannually,once in the Spring and once in the Fall,or more often if required by law. The Property's storm water drainage system must also be inspected after major storm events,which for purposes of this Agreement are those events with an accumulation of one-half(1/2)inch within 24 hours prior to the site having a minimum of 70%stabilization,and an event with an accumulation of one and one-half(1 Y2)inches within 24 hours after the site has a minimum of 70%stabilization. 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,excessive sediment loads within 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 dissipater 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. 2 March 14, 2022 t CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title 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"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. 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 1. 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. 2. The Property owner is entering into this storm water operation and maintenance Agreement primarily so that they comply with local and state storm water rules and regulations. In addition to achieving compliance with rules and regulations,the Property owner's compliance with this Agreement may result in the receipt of local storm water credits. In the event the Property owner fails to materially comply with the terms of this Agreement,the City reserves the right to deny or suspend any requested storm water credits until the noncompliant issue is resolved to the City's satisfaction. Upon achieving compliance,storm water credits may be reinstated but they shall not be granted retroactively. 3. The remedies described herein intended to achieve compliance are not exclusive,and may be cumulative. The City may utilize one or more lawful actions it deems appropriate to enforce this Agreement and/or the Municipal Code. 4. 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. 5. The City may elect,but is not required,to perform storm water maintenance or repairs on the Property. If the City exercises this discretion,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.Notices of such charges shall be provided as required by law. 6. The storm water management facilities shall be for the benefit of the Property and the City of Oshkosh as described in this Agreement. This Agreement is not intended to benefit third parties and there shall be no third party beneficiaries. 3 March 14,2022 1 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title RECORDING This agreement shall be recorded with the land records of the Winnebago County, Wisconsin,Register of Deeds.Fox Storage,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 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 amendment(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 4 March 14, 2022 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title For the Owner/Developer: FOX STORAGE LLC(OWNER 0 OMINIUM UNITS 1-6) By: -----g TimothyZill es,M ing Mem �'��'+'S ASSOCIATION,INC. ALG� 'O�M L• By: 4111 Timothy Zillges, s ent ,411111 STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) 'I Personally came before me this /f tyt day of( p, / ,2022,the above named /IM 2,l/tAeS to me known to be such person who executed the foregoing instrument and acknowledged the same, or the purpose herein contained. c1/1/104-eilt Q�(JIl7�t. Notary Public,State of Wisco sin My Commission expires: I /u/ /�O of V - STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) I Personally came before me this /Ifh day of A?(L«- ,2022,the above named T M ZrGES to me known to be such person who executed the foregoing instrument and acknowledged the same, for the purpose herein contained. O '� Y p��a fe€ Notary Publ ,State of Wiscons s My Commission expires: /27/5-7a0 a� ALLEN J. WILDISH 11hh91l(OF GG S Iihnivm March 14, 2022 • CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title For the City of Oshkosh: By By: Xfie5-Ctle- Mar A.Rohloff,City Manager ssi L.Balcom,City Clerk STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) Personally came before me on this day of M ,2022,the above named,Mark A.Rohlcff and • Jessi L.Balcom,to me known to be the persons who exec d the foregoing instrument and acknowledged the • same. Notary ublic,State of Wisconsin '`' My Commission expires: I I) i)Roa Approved as to form: Date: ile10.44 a a 0c38K Lynn A.Lorenson, Attorney This document was-drafted by: David J.Piaska Deputy City Attorney Oshkosh,WI 54903-1130 6 March 14, 2022 I I I EXHIBIT A Legal Descriptions 1 I Units 1, 2, 3, 4, 5, and 6 together with each of said units undivided interest in the common elements and the exclusive use of the limited common elements appurtenant to each of said units, all in ALCOM.R CONsDOP IN!UM , 42, a rdom niUm declarers and existing by virtue of the Condominium Ownership Act of the State of Wisconsinand as evidenced by a Declaration of condominium recorded on December 23, 2002 as Document No. 1220888, said condominium l being located in the City of Oshkosh, Winnebago County, Wisconsin on the real estate described in said Declaration and incorporated herein by this reference. Tax Key Numbers: 912-0001-05 912-0001-05-01 912-0001-05-02 912-0001-05-03 912-0001-05-04 912-0001-05-05 { { N3;TLIENN\O23f 890XMA3851026.t EXHIBIT A (1 of 1) IIR ' 4WUKIIIIllIo �'/ !i r f'ffiffr;lff tLftfE f EI lzI .1: �I� a �z� � � 9.vpv,Ca..bm.tp.p 'hill!' = `tC#�il�ffiE`e� a . 19 1 3.. riffirr I €i lit t? /et _ � "�i,...,I.,:. ill .,,x:.,,,:liy,. '••r••.®4•®•0n.•o ter\ 1� `e I i`Eljrpp i; IkE Er ".• ; 5 i f1 ii LEE { I9, t 1 tt3 fa J �� M /s 'i \jEtl,.. i ftS�p� ,,..;.,,... .„,:::,t_ .......c, k ..EL.1 . 4111ritit* • i Off Off ,py ,g:' :-N ,,try,',-..., \‘,4I,. , .., ,.. 3 riN i/if 1- -•,:;;,,- 7,,V,1,?. •\ .).:'4".,,,:e;',7 ,....\-'91.41, j_iii .:- i ., ., .:_.,,,,,\\., , ..,;:r\ 7,, ,,,,,,.....,,,,,,i4,. -.--,46 AA. , / -' .:1-•-! \ 1-':--c-•-• \ / ,,',<;.,..;,,..-ofsriA4k .. -6,:,,e PI!! g i L.. -'\\ ''..f" ' '' ''./ '/%. '' \ )1 7. t. Nil !itifif H q f if . c,'/ r--_,- \ , Ill, ,:.-/ {t ///it/.'. ' \ oe . IV' it iT .'-. if tratilp r I t 1 L.f,f .':. \L.'-!.-:-',/,-", ..../•/,,cf;2`. \ `,,./ to-iort!- "' iiit 1 I. 714 pi-;.t.-74, \ i', .-", ---.' / .:i;.`.-% /' • • 4#ft 0 k ini JII ta‘ Tr ,,, ‘47.c:7-:,:-.,.:-.:.-.::':.:,:•.'-?;",*:., . -/i. i r..• / G IiiF19.11 ..4.1.7,-- . 1 01 igi iff !II .\'',,, Viffi.1:nz:;._ - •,/ \' ,, -'. ., ./". f', A..,A i? 44 . _ ..�._-1111111 Ei n. } 1 kg� k sour \v@ .Af-- 1 ¢ iii \ - ,,ft;� s_may/" -- 1 € `gipd Piz : •li,...';‘.4:4,''•..-A.Ir,'.:7'-`''''t4-er 'IT...p. '',It::;;-.--"A:;j"±-,3;:-'4''S-4. 7,-r#:';'-'11140.ra ' EP ' , �77771i tF3[L Cp e iFr Iiii I '/`• '.� GZi:7 ! / y�P m K r li{! $ ieL /': f• 4 •u•t:�,• // I ,' d Gn O !E!i i rn F r / s:i37ei Y / O Z q tfsii{i ill • _ -�/ ; ' . / m I g L 1.1[11 Pi ? ' IT // �.-1fi r i / I r i r 2755 Algoma Boulevard DAVEL ENGINEERING& H ' u DRAINAGE&GRADING ENVIRONMENTAL,INC. City of Oshkosh,Winnebago County,WI I For Zlllges Material PLAN CM Yam° '"°�°wy°3 EXHIBIT B (1 of 1) ,.. • Inspection & Maintenance Log Catch Basin 1 Proprietary Device Inspection Year: Name of Site: Address: Inspector: Company: • Municipality Contact: Phone: * Facility owner is responsible for inspecting, maintaining,and repairing facility components after any major storm event and at the benirninn of the Spring and Fall seasons. 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). ** Please refer to the Maintenance at a Glance sheet for more information. Inspection Item** Storm Storm Storm Maintenance Action Date Date Date Date Catch Basin I 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 I I Deteriorated piping Contact Municipality Displacement of Structure Contact Municipality Pumping Details (based on design guidelines): Type of unit(s) Design Pumping Frequency Dates Pumped Pumper Disposal Location Page 1 of 1 Rev.02/22I2008 EXHIBIT C (1 of 5) I 2 • Inspection & Maintenance Log Detention Basin Inspection Year: Name of Site: Address: Inspector: Company: Municipality Contact: Phone: *Facility owner is responsible for inspecting, maintaining, and repairing facility components after any major storm event and at the beginning of the Spring and Fall seasons. 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 Storm Storm p Date Date Date Maintenance Action Date Pond Bank Erosion * • Debris/Trash Accumulation * 3 Visible pollution * Abnormal water levels* Sediment Accumulation* t I Depressions,Whirlpools, Sinkholes Embankment 1. Upstream Slope-Poor Grass Cover* Erosion or Slides * Trees/Brush Growing on Slopes * Deficient Riprap Protection * Animal Burrows* Depressions or Bulges is Settlement Longitudinal Cracks IJ Transverse Cracks Page 1 of 4 Rev.02/22/2008 EXHIBIT C (2 of 5) Inspection & Maintenance Log Detention Basin Inspection Item Storm Storm Storm Maintenance Action Date Date Date 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 I�I Page 2 of 4 Rev.02/22/2008 EXHIBIT C (3 of 5) Inspection & Maintenance Log Detention Basin Inspection Item Storm Storm Storm Date Date 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 1. Eroding or Backcutting * Overgrown Vegetation * • Obstructions with Debris* • Excessive Siltation * Slumping/Sloughing j . I Control Structure ' 1. Inlet-Debris in Conveyance Area* Erosion or Undercutting * Stop-log aeterioration/leaking* Joint Separation Cracks in Concrete Deteriorated piping ! I Displacement of Structure Page 3 of 4 Rev.02/22/2008 • EXHIBIT C (4 of 5) 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 • • I I I j I � Page 4 of 4 Rev.02/22/2008 EXHIBITC (5of5) L