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HomeMy WebLinkAboutOshkosh Corp Agreement-1917 Four Wheel Dr. - TPN# 91519600000CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT 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. RESPONSIBLE PARTIES / 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 Recording Area Name & Return Address: Oshkosh City Attorney's Office PO Box 1130 Oshkosh, WI 54903-1130 Tax Parcel Numbers: 91519600000 The Property subject to this Agreement is located in the City of Oshkosh, Winnebago County, and is more particularly described as follows: Legal Description Attached as 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, 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 September 15, 2022 E CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Title 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. Wet Pond; 2. Storm Sewer; 3. Storm Inlets; 4. Standpipes; and, 5. Storm Manholes. 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 (I V2) 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, 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, 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. September 15, 2022 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 `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. 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. 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. September 15, 2022 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title 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 September 15, 2022 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT iment Number Document Title For the Owner/Developer: OSHKOSH CORPORATION By; Kory Carr, �a al, ��� eS SPQo �'nl:r(title) STATE OF WISCONSIN ) ss. WINNEBAGO COUNTY ) Personally came before me this Ql 4h dayof No-jeN,be(- , 2022, the above named to me known to be such person who executed the foregoing instrument and acknowledged the same, fpr'`tJe>p zpse herein contained. OCL'o—� A R /n Notary Public, State of Wisconsin My Commission expires: rib For the City of Oshkosh: By `"— Mark A. Rohloff, City Manager By:� J i L. Balcom, City Clerk STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY } Personally came before me on this 5+k day of J�t+.i�.P , 2022, the above named, Mark A. Rohloff and Jessi L. Balcom, to me known to be the persons who executed the foregoing instrument and acknowledged the' ,O l same. `-- Notary Public, State of Wisconsin; My Commission expires: J,,' e Q Approve as to form: D t � P, A. Lorensan,.- Attorney This document was drafted by: David J. Praska Deputy City Attorney Oshkosh, WI 54903-1130 September 15, 2022 005.37703Z i EXHIM A TO -SPECIAL WARRANW DEED'} Tice Proper�t i Legal D&'attiom. That part of the North East 1/4 ofthe NORTH WEST V4 and of the Nat West 114 of the NORTH EAST 1/4 of Section 12, T18N, R16E, m the Fitteentb Wald, City of Oshkosh, Winnebago County, Wistonsian, described as follows: Cep =4ndng at the Northeast corner of said Norm East 1/4 of the North West 1/4; thence south 88 degrees 57 minutes west, along the North line of said North East 1/4 of the North West 1/4, 889.21 fleet; thence south 0 ckgrM east, patalkl with the Fast lure of said North East 1/4 of the North West 1/4,1324.23 feet. to the South line of said North East 1/4 of the Notch West 1/4; thence north 89 degtt" 1 mimue east, along the South line of said North East 114 of the Nook West 1/4 and of the North West 1/4 of tux Noft fast 1/4, 054.77 feet, more or leas, to the Northwesterly lute of County Trunk Hig>w4ry "AA"; tbeuce portheasterly, akcotg the Northwesterly line: of said highway, to the Westerly lift of the right of way of the Soo Line Railroad Co =y; them fly, 2kA5 efts Weste dy' line of said right of way. to point of intersection with the Southwesterly line of'the tight Of Way of Chicago and North Western, Railway CoMratny; thence taerth%Werly, along the Southwesterly line of the right of way of the Chrcago and North Western Railway Company. to the Fast line of said Noah East 1/4 of the North West 1/4; theme north, along the East line of said North East 1/4 of the Ncxdr Wept 1/4, to the place ofbeginning, excepting theaftm the four (4) fallowing described tracts of land described as follow: 1. The South 40 feet thereof conveyed to the City of Oshkosh by Deed recorded in Volume 975 00 Page 343: 2. Any portion thereof occupied by the right of way of the C'hwago and North Western Rahway Company. 3. That portion thereofheretafexe conveyed by Deed to Leash Employees Credit Uniom recorded in Volume 1158 on Paget 72. 4. That portion theneofheretofate conveyed to Ponderosa Pulp Products by Deed recorded in Donmaent No, 938667. THE AFOREDESCRIBED PROPERTY 1:S MORE PARTICMARLY DESCRIBED AS FOLLOWS: Beginning at the N, 114 corner of said Section 12, TISN, R16E; thence south oo degrees 00 minutes 59 tfronds east along the East line of the N.E. 1/4 of the N.W. 114 of said Sec634,1637 f* et to a paint dill the: Southerly right of way of the C. Sc N.W. Railroad right-of-way; theme southeasterly 739.97 feet along Laid railtoadright-of way and the arc of Acurve whose center lies to the Southwest 'whose radius is 700.00 &vt and whose chord bey south 49 denees 12 minutes 38 seconds e l tat 705.91 feet; thence south 02 degrees 33 minutes 07 smnds welt along the Westerly liner of said railroad Fight -of -way 291.60 feet to a point on the Nertbwestetly right-of- way line of Harrison Strut, thence south 43 duress 01 minute 41 seconds west along said line 421.35 Let; thm- ce southwesterly 113.32 feet along said lift atsd the arc of a :Me whose tenter lies to the Southeast whose radius is 987.92 feet and whose chord bears south 40 degmes 32 minutes 33 seco04 west 113,26 feat; thence north 89 degrees 55 rumness 15 seconds west 15930 lbet; thence south 89 degrees 41 minutes 34 seconds west 66.20 lit, thence south 00 degrees 19 minutes 01 wood. cast 120.03 feat to a paint on the North right-of-way hue of Packer Avenue; tben a south 84 degrees 35 minutes 20 seconds west along said Nett tine 799.05 feet; thence north 00 degrees 01 minute 48 seconds west 1293,40 feet to a point on the South right-or=way We of the C. dt N.W. railroad: thence north 89 degrees 38 minutes 20 Seconds- east along said right of way line 864.30 lbet to the point otbeging. EXHIBIT A (1 of 1) If ? \0 , tK�i Ile Ip tykes if URN It lit 0 -;R It RIF It GRADING PLAN EXHIBIT B (1 of 1) PARKING LOT RECONSTRUCT CORPORATION QPayne+Dolan . ........... ..... . . . . . .tG` ...... Name of Site: Inspector: Municipality Contact: Inspection & Maintenance Log Detention Basin Address: Company: Phone: Inspection Year: * 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 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 (1 of 3) Inspection & Maintenance Log Detention Basin Inspection Item p 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 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 Rev. 02/22/2008 EXHIBIT C (2 of 3) Name of Site: Inspector: Municipality Contact: Inspection & Maintenance Log Catch Basin / Proprietary Device Address: Company: Phone: Inspection Year: * 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 / 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 rent'qct Vluri^ipality 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 (3 of 3)