Loading...
HomeMy WebLinkAbout Stormwater/O & M 421 Oregon St 5.13.2024CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT The City of Oshkosh, the Governing Body, and 424 Oregon Street, 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: 424 Oregon Street, LLC 1 Seagate, FL 27 Toledo, OH 43604 GOVERNING BODY: City of Oshkosh PROPERTY SUBJECT TO THIS AGREEMENT ff • OM RECORDED ON: RECORDING FEE: 30.00 PAGES: 8 Area Name & Return Address: Oshkosh City Attorney's Office PO Box 1130 Oshkosh, WI 54903-1130 Tax Parcel Numbers: 90900010000 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 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 stone 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 24, 2024 n CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Number 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 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 Basins; and 3. Up -Flo Filters. 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 stone 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. January 24, 2024 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. 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 stone 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 stone 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. January 24, 2024 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. 424 Oregon Street, 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 January 24, 2024 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Title For the Owner/Developer: 424 OREGON STREET, 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 documen ithout limitation or restriction. ���►liitill//// r �\\\�P P. Hq,gs'ii,��. By: Will Flett, CFO = � A® - STATE OF f ) ) ss. COUNTY ) O�tersonally came before me this J&Aday of be such person who executed the foregoing hpt z ub\-\G _ • oo 2024, the above named Will Flett, to me known to and acknowledged the same, for the purpose herein contained. Notary Public, State of 'kjl_ My Commission expires: O © S For the �City of Oshkosh: MMa�ff, City Manager Diane M. artlett, City Clerk STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me on this day of ma, 2024, the above named, Mark A. Rohloff and Diane M. Bartlett, to me known to be a persons who executed the foregoing instrument and acknowledged the same. -- Approved as to form: This document was drafted by: David J. Praska Deputy City Attorney Oshkosh, WI 54903-1130 January 24, 2024 Notary Piffilic, State of Wisconsin My Commission expires: y =� PARCEL B: LOT 1 AND OUTLOT 1 OF CERTIFIED SURVEY MAP NO, 5748, RECORDED IN THE OFFICE OF THIS REGISTER OF DEEDS FOR WINNEBAGO COUNTY, WISCONSIN ON JULY 8, 2005, IN VOLUME 1 OF CERTIFIED SURVEY MAPS, PAGE 5748, AS DOCUMENTNO.1361929, BEING ALL OF BLOCKS 48, 49, 61, 62 AND 77, AND ALL Or - LOTS 2, 3, 4, 5, 6, 7, 8, 9,10,11,12,13,14, 21, 22, 23, 24, AND PART OF LOT 1 OF BLOCK SIXTY-THREE (63), AND ALL OF LOTS 6, 7, 8, 9, 10, 11, 12 AND 24 OF BLOCK SEVENTY-EIGHT (78); ALL OF VACATED WEST FIFTH AVENUE LOCATED BETWEEN THE EAST LINE OF IOWA STREET AND WEST LINE OF OREGON STREET; ALL OF VACATED MINNESOTA STREET LOCATED BETWEEN THE NORTH LINE OF WEST SIXTH AVENUE AND THE SOUTHWESTERLY U.S. HARBOR LINE OF THE FOX RIVER; ALL OF VACATED WEST FOURTH AVENUE LOCATED BETWEEN THE SOUTH EXTENSION OF THE WEST LINE OF SAID BLOCK 77 AND THE WEST LINE OF VACATED MINNESOTA STREET: ALL OF VACATED IOWA STREET LOCATED BETWEEN THE NORTH LINE OF WEST FIFTH AVENUE AND THE SOUTII LINE OF VACATED WEST THIRD AVENUE; ALL OF VACATED WEST THIRD AVENUE LOCATED BETWEEN THE SOUTH EXTENSION OF THE WEST LINE OF BLOCK 76 AND THE EAST LINE OF VACATED IOWA STREET; ALL A PART OF THE ORIGINAL THIRD WARD PER LEACH'S MAP OF 1894; BEING A PART OF THE SE 1/4 OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 16 EAST, NINTH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. FOR INFORMATIONAL PURPOSES ONLY: PROPERTY ADDRESS: 421 OREGON STREET, OSHKOSH, WI 54902 TAX PARCEL NO.: 0900010000 AND 0900010100 Exhibit A NVIdSNICME)TWHRA0 a O ia —e IM'HSONHSO o F I I a: N s i 133a1S NOESHO 4Zb 4VHSONHSO-IVOIQ3W O3NOFIVa I t I I I IIMI 8 j!q!4X3 fa 8gaa IfIg 894899®ED4 $s" Nil' I 2 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) Dates Pumped Pumper Design Pumping Frequency Disposal Location Page 1 of 1 Rev. 02/22/2008 Exhibit C