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Home My WebLink AboutStorm Managemnent Facility Maintence Agmt Oshkosh corp 4/17/2023CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title The City of Oshkosh, the Governing Body, and Oshkosh Corporation, 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: Oshkosh Corporation 1917 Four Wheel Drive Oshkosh, WI 54902 GOVERNING BODY: City of Oshkosh PROPERTY SUBJECT TO THIS AGREEMENT If I ®I811®® ® III itI 1 !II "^l�"R_I.nnn-nrn uuv ill : ooJ r uoV IX:'+OfVfJO DOC# 1902013 NATALIE STROHMEYER REGISTER OF DEEDS INNEBAGO COUNTY, WI RECORDED ON: 04/ 17/2023 02.38 PM RECORDING NEE: 30.0-0— PAGE: 13 Recording Area Name & Return Address: Oshkosh City Attorney's Office PO Box 1130 Oshkosh, WI 54903-1130 Tax Parcel Numbers: 91413490000 The Property subject to this Agreement 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 fi•om 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, 3) Describe the minimum responsibilities for maintaining the Property's approved storm water management facilities and grading and drainage plan. January 5, 2023 -17 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number 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 matmer 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 Detention Ponds; 2. Storm Inlets; 3. Storm Manholes; 4. Storm Sewer; and 5. Swale. 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'/) 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, rifling 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. Biofrlter 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. January 5, 2023 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number 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 1. The Property benefits fi•om 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 Set -vices 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. January 5, 2023 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. Oshkosh Corporation, 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 January 5, 2023 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title For the Owner/Developer: OSHKOSH CORPORATION By: ill, an Meyers, i >" � " s 1;l-:--s (title) STATE OF WISCONSIN ) ss. WINNEBAGO COUNTY ) Personally came before me this day of (, "U, tk YMi 2023, the above named Ryan Meyers, to me known to be such person who executed the foregoing instrument and Ackno, dged the same, for the purpose herein contained. Dawn Diedrich A, NOTARY PUBLIC STATE OF WISCONSIN Notary Public, State of Wisconsin; 6 I �, My Commission expires: - 1 U For the City of Oshkosh: Marls A. RohlofF, City Manager STATE OF WISCONSIN ) ss. WINNEBAGO COUNTY ) Jessi . Balcom, City Clerk Personally came before me on this � day of /— / � , 2023, the above named, Mark A. Rohloff and Jessi L. Balcom, to me known to be the persons wh4 executed the foregoing instrument and acknowledged the same. Approved as to form: Dat"ore-GrW %' rl (\ty utorney This document was drafted by: David J. Praska Deputy City Attorney Oshkosh, WI 54903-1130 January 5, 2023 G- v✓ �\�\\l, f fP Notary Public, State of Wisc n n �/ My Commission expires: ��- T rr;v' J.E.ARTHUR ® I AND ASSOCIATES, INC � 9 Project No. 792,5231 548 Prairie Road Fond du Lac, WI 54935 Phone: 920.922.5703 www.jeaaa.com December 15, 2022 DESCRIPTION OF A STORMWATER MANAGEMENT AREA FOR OSHKOSH CORPORATION BEING PART OF THE SW 1/4 OF THE SE 1/4 AND PART OF THE SE 1/4 OF THE SW 1/4 OF SECTION 35, T. 18 N.-R. 16 E., CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN Part of the Southwest 1/4 of the Southeast 1/4 and part of the Southeast 1/4 of the Southwest 1/4 of Section 35, T. 18 N.-R. 16 E., City of Oshkosh, Winnebago County; Wisconsin and more particularly described as follows: Commencing at the Southeast corner of the Southeast 1/4 of sa�,ciCtlorj 3, thence' North 890-25'-09" West along the South line of Southeast 1/4 of said Section 35, 1335,03 feet, thence North 000-09'-32" East, 33.00 feet to a point on the North right of way line of W. Waukau Avenue and to the point of beginning; thence North 890-25'-09" West along said North right of way,1317.59 feet; thence along a curve to the right having a radius of 55.00 feet, 119.77 feet along curve to a point which is North 270-02'-07" West, 97.47 feet from last described point; thence North 350-20'-55" East along the East right of way line of Hughes Street, 389.92 feet; thence South 890-20'-17" East, 956.46 feet; thence South 00°-14'-31" West, 48.67 feet; thence South 89°-12'-47" East, 181.05 feet; thence South 000-09'-32" West, 356.01 feet to the point of beginning and containing 11.67 acres (508,320 sq. ft.) of land more or less. P;\JEAAA PROJECT FOLDER\792-Oshkosh Corp\792.5231 West Plant Description\Documents\5231 DESCRIPTIONS.docx Exhibit (1 of 1) PROJECT NUMBER:792.5231 SKETCH MAP FOR DATE: DECEMBER 15, 2022 WEST PLANT POND DRAINAGE BASIN PART OF THE SW 1/4 OF THE SE 1/4 & PART OF THE SE 1/4 OF THE SW 1 4 OF SECTION 335, T. 18 N.—R. 16 E., CITY OF OSH OSH, WINNEBAGO COUNTY, WISCONSIN CHORD=97.47' BRG=N27'02'07'W RAD=55.00' L=119.77' DELTA=124'46'04" SW COR— SE 1/4 SEC. 35-18-16 (BERN. LION. FOU SE COR: SE 1/4 SEC. 35-18-16 (CUT V FOUND) 200 0 200 400 SCALE 1"=200' FEET I NORTH POINT REFERENCED TO THE S. LINE OF THE SE 1/4 OF SECTION 35-18-16 WHICH BEARS N89'2VO9'W PER WINNEBAGO COUNTY COORDINATE SYSTEM. LEGEND 0 1' IRON PIPE FOUND IN PLACE 3 o 'GUARD \\ - c SNACK EX 13LDG DRAINAGE AREA 508,320 SQ FT 11.67 ACRES li �I S00'09'32"W J NOOV9'32'E 33.00' I� I i ( 7'E 955.46' 4 � �-S00'14'31"W 48.67' 58992'47'E 181.05' EX. BLDG FILE NO.:5231 Lo m 0 In m m Exhibit B (1 of 2) z\�ran oxoais\o..�, z,\exro»vu.c..e.f "Im- wl-1x a+.urz. — ss.•a �t16�i''tYBoa0ot7Q0as0'L.1 ! t I i '7 Fz� it—� --- �L.YJ \..♦♦♦``\\\\ �� \ I � � I I Ig IeK AR m V FA Ore I �� --_" \ � ♦\♦ �\ \ ., �. : FF t / ♦ ♦ \ ♦\\♦ \r / �'� t��OgnYa Ili t�/♦_\ ♦\�`` �, i /♦\\`"�H�g88 . I s AAP� wnE ! 7{ c� ----gyhB / 7 z6 �• I\� r 8- �a� ��F • � 'i Ai I I , \ Pratt gQ s % 1'dil 1 I�it �� ram. i a��"gL8 � �� fI I I Ir// � / �t ♦,3r � ��5j;s"' i \S rg7 � g^ F � � g� T^�$$�Zz iiilg AX Berk i"�I --- - -`-- - xar 9�r it �� I5 � �♦� � �J ,� �,/ �/ `:. !mil ' � • l GRADING, PAVING AND EROSION CONTROL PLAN G OSHKOSH CORPORATION WEST PLANT D Q rn € WAUKAU AVENUE e O CITY OF OSHKOSH, WISCONSIN Exhibit B (2 of 2) Inspection & Maintenance Log Catch Basin / Proprietary Device Inspection Year: Name of Site: Address: Inspector: Company: Municipality Phone: Contact: * 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). ** Please refer to the Maintenance at a Glance sheet for more information. Inspection Item** Storm Date Storm Date Storm Date Maintenance Action Date Catch Basin 1 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 1 of 1 Rev. 02/22/2008 Exhibit C (1 of 5) 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 p Storm Date Storm Date Storm Date Maintenance Action Date Pond Bank Erosion Debris / Trash Accumulation Visible pollution * Abnormal water levels Sediment Accumulation 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 Settlement Longitudinal Cracks Transverse Cracks Page 1 of 4 Rev. 02/22/2008 Exhibit C (2 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. 02/2212008 Exhibit C (3 of 5) Inspection & Maintenance Log Detention Basin Inspection Item p Storm pate 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 1. 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 Exhibit C (4 of 5) Rev. 02/22/2008 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 (5 of 5)