HomeMy WebLinkAboutCastle-Pierce Corp/Maintenance Agreement 2015CITY OF OSHKOSH
LEGAL DEPARTMENT
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920) 236-5115 FAX: (920) 236-5106
To: Castle-Pierce Corporation
2247 Ryf Road
Oshkosh, WI 54904
Attn: Thomas Castle
LETTER OF TRANSMITTAL
Date: October 22, 2015
Pro'ect: N/A
From: Carol Marchant, Admin. Assistant
Re: Stormwater Management Facility
Maintenance Agreement
Please find: � Attached ❑ Under Separate Cover
❑ Copy of Letter � Agreement ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
These are being transmitted as indicated below:
❑ For Approval � For Your Use ❑ As Requested ❑ For Review 8� Comment
Remarks:
cc: City Clerk (original)
Public Works, Engineering (copy)
City Attorney (copy)
Document Number
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Title
The City of Oshkosh, the Governing Body, and Castle-Pierce Corporation, the Property
owner, along with their successars 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 A�reement 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:
Castle-Pierce Corporation
f/k/a Castle Pierce Printing Company
2247 Ryf Road
Oshkosh, WI 54904
GOVERNING BODY: City of Oshkosh
PROPERTY SUBJECT TO THIS AGREEMENT
I.!I I I I II ill � l ll I II 1!'I I I
� L � � I 2 .Fi
TX : 4175rJOG
1699580
REGISTER'S OFFICE
1iUINNEBAGO COUNTY, WI
RECORDED ON
10/19/2015 10:05 AM
)ULIE PAGE!
REGISTER �1F DEEDS
RECDRDING FEE 30.00
PAGES: 10
Rewrding Area
Name 8c Return Address:
Oshkosh City Attorney9s Office
215 E. Church Avenue
PO Box 1130
Oshkosh, WI 54902-1130 C,
Tar Parcel Numbers:
91280100000
The Property subject to this Agreement is located in the City of Oshkosh, Winnebago County, and is more particularly described as
fol lows:
[LEGAL DESCRIPTION ATTACHED AS EXHIBIT AJ
GRADING AI�ID DRAINAGE PLAN
The Yroperty rnust always comply with the grading and draina�E� 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" far identification
and reference purposes. The full scale grading and drainage plan is on file for review with the City Department of Public Warks, and will
be used to provide �rading 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 Properiy 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 Properiy must always conform to its most current grading and drainage plan approved by the City The Property is also subj�ct 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 MunicipaI Code change from time to time, with the
1
June 23, 2015 � �
�
d
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number pocument Title
Property owner receiving public notice as required by law. Changes may be made to the �-ading 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, successars, and assigns, is responsible for maintaining the
Properiy in the manner described in this Agreement. The Properiy owner's responsibilities include maintaining approved vegetation,
�rading, drainage, and storm water facilities on the Property.
STORM WATER FACILITIES
The Property's storm water facilities consist o£
1. Storm Water Detention basin; and
2. Storm Sewer; and,
3. lnlet and manhole covers.
[NSPECTION AND MA[IYTENANCE
All storm water facilities and components of the storm water system shall be inspected at least semiannually, with one inspection occurring
in early spring and one inspection occurring in early autumn. The Property's storm water draina�e system must also be inspected after
major storm events. 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, sedimentation of the basin and/or biofilter, rillin� 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 ener�y 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. Dama�e 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 ve�etation, 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
E�ibit C. The Properiy 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.
June 23, 20.15
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number pocument Title
ROHIBITIONS
Mowin� 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 wayse
COMPLIAI�TCE
'rhe 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. The ability to enter the Property and take
such action is not an exclusive remedy, and the City may take any lawful action to enforce this Agreement and/or the Municipal Code.
The Property owner grants to the City of Oshkosh a limited, nonexclusive easement in perpetuity over the Property for the purpose of
addressin� gradin� and draina�e 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. If the City elects to perform
maintenance or repairs on the Property, then all associated costs for performing this wark 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, joitltly and severally, or through encumbrances on the Property itself. Reimbursement remedies
include placing an encumbrance against the Property as a Special Charge far Current Services pursuant to Sec. 66.0627 Wisconsin
Statutes, as amended, or through other methods to collect directly from the Properry 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. The Property owner
affirmatively waives notice requirements for Special Charges, and this provision shall constitute the Property owner's, and any respective
lot/parcel owner(s) if applicable, waiver of notice of hearing otherwise required by Sections 66.0627 ar 66.0703 of the Wisconsin Statutes.
The storm water management facilities shall be for the benefit of the City of Oshkosh and the Property as described in this Agreement.
This Agreement is not intended to benefit third parties and there shall be no third party beneficiaries.
RECORDING
"I'his agreement shall be recorded with the land records of the Winneba�o County, Wisconsin, Register of Deeds. Castle-Pierce
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 Properiy as recorded with the Register of Deeds, Winneba�o 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 Ageement shall be subject to the prior
approval by the City of Oshkosh.
SIGNATURE PAGE FOLLOWS
June 23, 2015
Document Number
CITY OF OSHKOSH
STORNIWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Title
For the Owner/Developer:
Date: � �4 �
CASTLE-PIERCE CORPORATION
f/Wa Castle-Pierce Printing Company
�
By: �.
Thomas Castle, Chief Operating Officer
STATE OF WISCONSIN
WINNEBAGO COUNTY
)
) ss.
)
Personally came before me this a� day of 5 , 2015, the above named Thomas Castle, to me known to
be such person who executed the foregoing instrume d acknowl ged the sar�e, for the purpose herein contair.ed.
C.�
Notary Public, State of Wisconsin
My Commission expires: _ - ,��] - �O� _
For the City of Oshkosh:
Date: �� '-? - �� I �
--'���— -
Mark A. Rohloff, City Manager
State of Wisconsin
Winnebago County
)
) ss.
)
�a�- , -- l - �G��
,�,, `;�(: .�, .�
Pamela R. Ubrig, City .�'.ierk �
Personally came before me on this � day of �!�{j , 2015, the above named, Mark A. Rohloff and Pamela
R. Ubrig, to me known to be the persons who executed th-J e fQregp'ing ins ment and ac owledged the same.
�/�-� ; r�
Notary Pub ic, Statelof Wisconsin
My commission expires: � - /� -/ �
Approved as to form:
� . � ' ��
►� � �I, i , ,.
� . - � ^��!�'"- �
This document was drafted by:
David J. Praska
Assistant City Attorney
Oshkosh, WI 54903-1130
4
June 23, 2015
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�EGAL. DES�Rii'TiC)I� '
P�rcel 1
That p��t of the Nor?fi 1/? of t:,e SOV'TH EAST 1!4 of Scction 33, T1:�?��, Kl GE, in thc
Twelfth ��ard, City af Oshkosh, Winnebago County, Vs'iscansin, descnbed as fulla`��s:
Conune.ncing at the intersection ofthe Nor�h lir.e ofsaid Sout3� �ast 1/4 �vith fhc EasfcrIy
Iit1c of fi�e right of «�ay o#'the Chit;a�a anci I�Torthvresiern Transpartalion Company
(farmerly Chicago and North;}�estEi-n Railwzy C'.ompany); thence east, along the I�arth
Iine pfszid Soucl� East I/4, 400 f�et; thence saufherly, paralle2 with th� Easterly liae of
said ri,ght o�'wa}�, 871 feet; thence H�est, parc�llel v.�ith Che Norih Lne of said Souih East
1/4, 400 fe-et, fo t�e �asterly line of said =igFit ox �a�; t�ence nor#herly, along the EasterIy
[ine of said right of way, $7I feet, to the pIac� of be,�inning, exc:pting therefrom that
porti�n thereofheretoi'are cor�veyed ta Siate �f�Vr'isconsin, I}epartmentofTransportaEion
as Document No, 1173066.
Parcel 2
Bcing part ofthe h'EI/4 — 5E1/4 ai S:ciian 33, T�9N1z15E, C'ity o�Ost�:osh,
iVinn�.bago i:ounty, i%�isconsin. Said parcel inelude5 a11 �at land of i{�e owner Iyina
within the follo`S�ing described tra� erse:
Gomme�cing at the. East f!4 corner of said 5ecti�n 33; thence S 88 degrees 29 minutes 50
seconds W alon� the East and «'est 1/4 Iiue of said SecTion 33 for 1329.43 fect fp tF�°
Northe2st cornar of fands d�scribed in Volumc 1046, Fage 436, as recordcd in
Wiru�ebago County Register ofDeeds, t�e.n S 2T debrees S9 minu#es �2 seconds E along
sai� desc� �b�d l�ds for "-." i.43 feei to the Sout�erly proposed right Qf F��ay along La�:e
Butte Des lviorts Drive and being the Poini ofBeginnin,�; thence S 84 degrees 20 minufes
33 seconds E along said pcoposed right af �ti�sy #�oz 367.9$ feet; thence S 25 degrees 37
minutes 23 seconds W for 380.4? feci to the S'authcast corncr afsaid described Iands;
thenie \` �7 degrees 54 r7inutes �2 seconds V�' aton� said described lands For 429.50 £e�t
to thc Yoint of Beginning.
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Name of Site:
Inspector:
Municipality
Contact:
Inspection & Maintenance Log
Detention Basin
Address:
Company:
Phone:
Inspection Year:
* Facility owner responsible for inspecting, maintaining, and repairing facility components after major
storm events (greater than '/2"), annually at a minimum. 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 Maintenance Action Date
Date Date 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
� � C/ I 0�`�
�xh i bit
lnspection & Maintenance Log
Detention Basin
Inspection Item Storm Storm Storm Maintenance Action Date
Date Date Date
2. Crest — Settlement *
Misalignment
Cracking
3. Downstream Siope - 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 boiis
Page 2 of 4 Rev. 02/22/2008
. . t � � a��
E�ch i bi _____
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inspection & Maintenance Log
Detention Basin
Inspection ltem Storm Storm Storm Maintenance Action Date
Date Date 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 Siitation *
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
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��r����t
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 i Obstructions *
2. Bridge / Gulvert Problems
Buildings Issues
Foundation Concems
Page 4 of 4 Rev. 02/22/2008
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Exhibit �`�
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