HomeMy WebLinkAboutStormwater maintencae Marmax Holdings 4/8/2024CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number
The City of Oshkosh, the Governing Body, and Marmax Holdings, LLC, 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:
Marmax Holdings, LLC
W229 N2512 Duplainville Rd
Waukesha, WI 53186-1004
PAGES: 14
Recording Area
Name & Return Address:
Oshkosh CityAttorney's Office
PO Box 1130
Oshkosh, WI 54903-1130
Tax Parcel Numbers:
GOVERNING BODY: City of Oshkosh 91413650303
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:
Lot One (1) of Certified Survey Map No. 8052, Recorded with the Winnebago County
Register of Deeds on August 17, 2023, as Document Number 1908657, being part of the
NE A of Section 02, Township 17 North, Range 16 East, City of Oshkosh, Winnebago
County, Wisconsin. CSM 8052 is 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 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
March 14, 2024
El
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
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 Detention Basin;
2. Catch Basins; and
3. Storm Sewer.
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'/z) 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.
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.
March 14, 2024
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Numbe
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. Marmax Holdings,
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
March 14, 2024
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Nun
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
This instrument drafted by:
Attorney David J. Praska
Oshkosh, WI 54903-1130
4
March 14, 2024
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Title
For the Owner/Develooer:
MARMAX HOLDINGS, LLC
I am signing this document based upon the contents of a Statement of Authority filed with the State of Wisconsin
Department of Financial Institutions pursuant to Wis. Stat. 183.0302, which authorizes my signature to bind this Limited
Liability Company without restrictions applicable to this document. Alternatively, this Limited Liability Company has not
filed a Statement of Authority, but I explicitly assert that I do have the authority to bind the Limited Liability Company to
the terms of this document without limitation or restriction. %```��11� 1 Ett
�ti •' TAR.• _
Seth Mickelson, Manager AO
Y PUBL1G
STATE OF WISCONSIN C�c,\�
ss. ., .ql'•••.....•• 0 �.
WAUKESHA COUNTY ) /��1F0 F WSJ,,,
Personally came before me this day of , 2024, the above named Seth Mickelson, to me
known to be such person who executed the foregoin instrument and acknowledged the same, for the purpose herein
contained.
Notary Public, State dfWisconsm
My Commission expires:
For the City of Oshkosh:
.' c:c� /: wl_ - , n - - — -
M k A. Rohloff, City Manager
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
�n 1
N� -
Diane M. Bartlett, City Clerk
Personally came before me this day of JAOr , 2024, the above named Mark A. Rohloff and Diane M.
Bartlett of the City of Oshkosh, to me known to be such persons who executed the foregoing instrument and acknowledged the
same, for the purpose herein contained.
APP
VED A
TO F
RM:
i
omey
L '
A. Lorenso
C' '
Notary Public, State of Wisconsin
My Commission expires: 061 lb
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Or WISG`���,``
March 14, 2024
Certified Survey Map No. `3t6Ar
All of Lots 1 and 2, CSM 7062. Being Part of the Northwest 114 of
the Northeast 114, Part of the Northeast 1/4 of the Northeast 114,
Part of the Southeast 114 of the Northeast 114, and Part ofthe
Southwest 414 of the Northeast 1/4 of Section 2, Township 17 North,
Range 16 Emt City of 0shkoah, Winnebago County. Wisconsin.
Sumyfoe
Marmax Holdings, LLC.
W229N2512 Duplahrvi8e Road
Waukesha, WW 64802 nn..
,�,.,J/ NA of the NE`i74, Seolian 02. S89'25'10'E 2669.63'
Y„ 599.01 -- 2070.62'
r�Tra in
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DOC# 1908657
NATALIE. STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WZ
RECORDED ON:
08/17/2023 02.51 PM
RECORDING FEE: 30.00
PAGES: 3
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EXHIBIT A (1 of 3)
Certified Survey Map No, 05
A4 of Lots land 2, CSM 7052, Being Part of the Northwest 1!4 of
the Northeast 1f4, Part of thwNortheest 114 ofthe Northeast 114,
Part of the Southeast 114 ofthe Northeast U4, and Part of the
Southwest'114 of the Northeast 1!4 of Section 2, Tawmship 17 North,
Range 16 East; City of Oshkosh, Winnebago County, Wisconsin.
•Survevor's certificate
I, Scott R. Andersen, Professional Land Surveyor, hereby certify- Thatin fug compliance with the provisions of
Chapter236 of the Wisconsin Statutes and the subdivision regulal{aos of the City of Oshkosh, and underthe
direction of Marmax Holdings, LLC, the property owners of said farWJl have surveyed, combined and mapped
Us Certttied Survey Map; that such map correctly representsall exterlorboundanes and the subdivision of the
land surveyed; and that this land Is All of Lots i and 2, CSM 706Z Being Part ofthe Northwest IM of the
Northeast 114. Part ofl he Northeast lt4of the Northeasti/4, Part of the Southeast 114 of the Northeast 114, and
Part of the Southwest 114 of the Northeast 114 of Section 2, Township 17 North, Range 16 East, City of Oshkosh,
Winnebago County; Wisconsin, containing 742,530 Square Feet (17.0481 Acres) of land. Desotbed parcel is
subject to all easements, and resblctio f record.
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�- SCOTTR :
' ANDERS ,
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Owner's Certificate
Mannax Holding, LLC, a limited liability company duly organized and existing underand byvktue ofthe Laws cf
theState of IDinois, as the property owner, does hereby certify thatwe caused the land above described to be
surveyed, divided, mapped and dedicated alas shown and represented anih is map.
We do further certify this plat is required by 9.236.10 or s.2W.12 to be submitted to the following for approval or
oWection,
City of Oshkosh
In the p nce of:
State ofvViscons'rn )
)SS
liJ XUkeTIAM Cottntvl
LLC
aL,3
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pUBV .�
: C
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rJrrrrnu1•,,%
Personally came before mean the ) ok"' dey of Atiq &S t- .20 Z3 . theabove the
property owner(s) tome (mown to be the persons who executed the foregoing Instrument and acbhowledge the
soma Ell" C dvz My Commission Expires 0-1 An rZC Z7
Notary Public, Wisconsin
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EXHIBIT A (2 of 3)
Certified Survey Map No.
All of Lots 1 and 2, CSM 7062, Being Part ofihe Northwest U4 of
the Northeast 114, Part of the Northeast 114 of the Northeast 114,
Pert of the Southeast 114 of the Northeast 1A and Part of the
Southwest 114 of the Northeast 1/4 of Section2, ToWhship 17 North,
Range 18 Fast, City of Oshkosh, Winnebago County, Wlaconalm
Cerilllcats of Plarminm Department
This Certified Survey Map has been reviewed by the City of Oshkosh Planning Commission.
Az C's: !&
Planning CommIs6n Representative Data
Tmasured Cartdtcata
We, being the duly elected, qualified and acting Treasurers' ofthe City of Oshkosh and Winnebago County, do
hereby certify that in accordance with the records in our otlics, there are no unredeemed tax safes and unpaid
taxes, or special assessments on and of the land Included In this certitled survey map.
v o� Jl7�as_
City TmuurgF Data
Atw
/
O
County Tre surer Date
This Certified Survey Map Is contained wholly Within the property described In the rollowng recorded instruments:
the property tamers of record: Recording Inronnatlan: Parcel Number(a):
Marmax Holdings, LLC Dom 1879tT18 9141-MU3.= -
- Ski'
Jun 13. 2M - 07.15 PU Jt\Pmid�\7e8Bll*\d-9\CMf 3D\n8 =0-d.9 W.W by-- s d
EXHIBIT A (3 of 3)
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EXHIBIT B (1 of 1)
Inspection & Maintenance Log
Detention Basin
Name of Site: Address:
Inspector:
Company:
Inspection Year:
Municipality
Contact: Phone:
a
* 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
Inspection & Maintenance Log
Detention Basin
Inspection Item
Storm
Date
Storm I
Date
Storm I
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
C -
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
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
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
Inspection & Maintenance Log
Catch Basin / 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 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
Contact Municipality
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
Page 1 of 1
Disposal Location
Rev. 02/22/2008
G