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Home My WebLink AboutMulti-Building, LLC & Oshkosh, Stormwater Mng. CITY OF OSHKOSH 83 Q 2 D 6 4 iM STORWATER MANAGEMENT FACILITY TX:4218545 MAINTENANCE AGREEMENT 1722556 Document Number Document Title REGIST'ER'S OFFICE The City of Oshkosh,the Governing Body,and Multi-Building,LLC,the Property owner, VVINNEOA(30 COUNTY, WI ON along with their successors and assigns,are the parties to this Agreement. The purpose of 09/2016® this Agreement is to ensure adequate storm water drainage facilities for the Property 09/09/ 016 9::0606 AM described in this Agreement in connection with the surrounding public storm water CHRISTOPHER LARSON facilities. The consideration for this Agreement includes the City's approval of proposed DEPUTY REGISTER OF DEEDS development on the Property. Additional consideration includes the Property owner's clearer understanding of storm water drainage obligations for the Property,and the RECORDING FEE 30.00 Governing Body's assurance that the storm water drainage issues relating to the property PAGES: 9 can be more easily achieved through this Agreement. CURRENT PROPERTY OWNERS SUBJECT TO THIS AGREEMENT: Jeff C. Sehloesser Recording Area Multi-Building,LLC 2301 Universal Street Name & Return Address: Oshkosh, WI 54904 Oshkosh City Attorney's Office 215 Church Avenue PO Box 1130 GOVERNING BODY: City of Oshkosh Oshkosh,Wl 54903-1130 Tax Parcel Numbers: PROPERTY SUBJECT TO THIS AGREEMENT 91.413310500 The Property subject to this Agreement is located in the City of Oshkosh, Winnebago County,and is more particularly described as follows: That part of the South East%a of the NORTH WEST'/3 of Section 33,T 18N,R16E in the Thirteenth Ward, City of Oshkosh, Winnebago County,Wisconsin, described as follows;viz: Commencing at the Northwest corner of Lot"1"according to Certified Survey Map filed in Volume i of Survey Maps on Page 845 as Document No. 558809;thence North 0 degrees 15 minutes 0 seconds east, 60.00 feet;thence north 89 degrees 22 minutes 29 seconds west,66.00 feet;thence south 0 degrees 15 minutes 0 seconds west,202.86 feet,to the place of beginning;thence continuing south 0 degrees 15 minutes 0 seconds west,452.81 feet;thence north 89 degrees 45 minutes 0 seconds west,400.00 feet; thence north 0 degrees 15 minutes 0 seconds east,451.14 feet;thence easterly 56.03 feet, along the arc of a curve to the right having a radius of 93 8.11 and the chord of which bears north 88 degrees 32 minutes 20 seconds east,56.02 feet;thence south 89 degrees 45 minutes 0 seconds east,344.00 feet,to the place of beginning. 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 A 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 Properly 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, I August 11,2016 L.,/ 5 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title 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 Iaw. 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)KACILITIES The Property's storm water facilities consist of: 1. Storm Water Detention Basin; 2. Swales; 3, Storm Sewer; and, 4. Inlet and Manhole Covers. INSPECTION AND MAINTENANCE 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 drainage system must also be inspected after major stone 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,rilling of side slopes, and other damaged features of the stotmwater 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 instal led/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. 2 August 11,2016 CITY OF OSHKOSH STORNIWATER MANAGEMENT Y+ACILITY -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 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. The ability to enter the Property and take such action is not an exclusive remedy,and the City may take any lawfid 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 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. If the City elects to perform maintenance or repairs on the Property,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 fi•onr time to time,are subject to reimbursement fi-om 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. 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 or 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 This agreement shall be recorded with the land records of the Winnebago County, Wisconsin,Register of Deeds. Multi-Building,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. SIGNATURE PAGE FOLLOWS 3 August 11,2016 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title For the Owner/Developer: Date: 7 1/d M Multi-Building Limited Liability Company By:_904W---7 Jog C/tWhIoesser,Owner-Member STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) Personally came before me this IF f day of w t , 2016, the above named Jeff C. Schloesser, to me known to be such person who executed the foregoing instrument and acknowledged the same,for the purpose herein contained. yr�t0ra •' ,LRS Cye'• Not ublic, State of Wisconsin Not Commission o*pires� Ii' �; O'[�1RY For the City of Oshkosh: PUj3V\� Date: ate: •,�,Q ••� C,�+' ,TF'0 F S• Mark A. Rohloff, City Manager Pamela R.Ubrig,City Clerk /� State of Wisconsin } ss. Winnebago County ) Personally came before me on this day of ,2016,the above named,Mark A.Rohloff and Pamela R.Ubrig, to me known to be the persons who executed _heforegoing instrument and acknowledged the Notary Public, State of Wisconsin �\QrAR)_l ? 1 My commission expires: Approved as to form: 08 00 �p f + f , Date• �)� L 1� + OF WISC.0,0" ++++111111100 Lorenson, Ci ttorney This document was drafted by: David J. Praska Assistant City Attorney Oshkosh,WI 54903-1130 4 August 11,2016 msti �511v5 H54�HS4 ki , C'`"3 ,� � �H s nommuiJCS I S11 ' 6 ` 2OWS1190 EL �{[ Y (I �. .99T 4 tiff of Its ; ,� %iftiF� ii�I� �g�{ �� r; �s t �� ,�i�s � � � �s ;��iA�� i'� i�,7,� �# ` � ��_>> �l��1� � �►� � � ro,.oa..4,:�,�Q �c�v fii �� i� iii r j i #II: r`; I �j HIM I�e i� 1 3$ i x( �� m11111ri6 Ist 1 sos1; 1 INW11l 1111e 61111 #{t f �� :{i_�:.�eai�g'fos#eM1tun,- �i :yx"..o. /<>�::.. �"•`' /.:;��:.;: _ / ;:;:.:..�t`- ,o,:,�,:.!r';C' is '3x JIT -i3 . �,� .:i � 5•^. ?r rx:s.•.. }#y. ,`y .\.-\sir`::S l`� ..� •1 A'r may: rg Inspection & Maintenance Log Detention Basin Inspection Year: Name of Site: Address: Inspector: Company: Municipality Phone: Contact: Facility owner responsible for inspecting, maintaining, and repairing facility components after major storm events(greater than %"), 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). storm Storm Storm Inspection Item 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 Rlprap Protection Animal Burrows * Depressions or Bulges Settlement Longitudinal Cracks Transverse Cracks Page I of 4 Rev.02122/2008 Exhibit -B - U4 Inspection & Maintenance Log Detention Basin i i Inspection item Storm Storm Storm Maintenance Action Date Date Date pate i 2. Crest—Settlement* i Misalignment Cracking 3. Downstream Slope -Poor Grass Cover* Erosion or Slides E Trees/Brush Growing on Slopes * Animal Burrows Excessive or Cloudy Seepage Longitudinal Cracks Transverse Cracks Depressions or Bulges Settlement Seeps, leaks, or hails Exhibit - Zo�P4 Page 2 of 4 Rev.02/22/2008 Inspection & Maintenance Log Detention Basin Inspoctlo. Storm Storm Storm n Item Date Date Date Maintenance Action Date 4. Smergency Spillway—Exposed Fabric Overgrown Vegetation Erosion/Backcutting at berm or road* Rutting or pot-holes Obstructions or debris Inadequate Riprap/Armor Cracking Slum pin g/Slou ghing 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 Ex h i b i t 3n Page 3 of 4 Rev.0212212008 r i Inspection & Maintenance Log Detention Basin i i 2. Cutlet-Erosion or Backcutting Debris in Culvert or Trash Rack UnderminingtScour Inoperable control valve Inoperable flap gate Joint Separation Cracks in Concrete Downstream Area 9. Erosion Debris I Obstructions 2. Bridge 1 Culvert Problems Buildings Issues Foundation Concerns Exhibit 4Zl Page 4 of 4 Rev.02/22/2008