HomeMy WebLinkAboutCumberland Court Master Dev. 2017 CITY OF OSHKOSH 8 3 0 6 7 8 9
STORNIWATER MANAGEMENT FACILITY Tx:4222212
MAINTENANCE AGREEMENT 1724415
Document Number Document Title
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
The City of Oshkosh,the Goveming Body,and Cumberland Court Master Development, RECORDED ON
LLC, a Wisconsin limited liability company,the Property Owner,along with their 10/03/2016 9.56 AM
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 CHRISTOPHER LARSON
Agreement in connection with the surrounding public storm water facilities. The DEPUTY REGISTER OF DEEDS
consideration for this Agreement includes the City's approval of proposed development on RECORDING FEE 30.00
the Property. Additional consideration includes the Property owner's clearer PAGES. 8
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: Recording .Area
Cumberland Court Master Development,LLC EE.
Address:
Attorney's Office
h Avenue
GOVERNING BODY: City of Oshkosh 5902-1130
PROPERTY SUBJECT TO THIS AGREEMENT Tax Parcel Numbers:
The Property subject to this Agreement is located in the City of Oshkosh, Winnebago 1313 680100 & 1313650200
County, and is more particularly described as follows:
(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
There are three(3)primary purposes of this agreement. They are:
1)to notify the Property owner,as well as potential and/or future property owners,that this Agreement and Chapter 14 of the Oshkosh
Municipal Code, as amended,place certain storm water management responsibilities on the Property owner;
2)to identify the specific storm water facilities that currently exist and may exist in the future within the Property, and,
3)to describe the minimum responsibilities of the Property owner for maintaining the approved underground storm water detention system
and grading and drainage plan,which comprises the storm water management system located within the identified Property.
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
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CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE.AGREEMENT
Document Number Document Title
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 storm water facilities on-site consist of:
1. Biofilters; and
2. Storni sewer;and
3. Inlet and manhole covers.
INSPECTION AND MAINTENANCE
All storm water facilities and components of the storm water system shall be inspected at Ieast 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 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 perforated 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 storinwater 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 dissipater rock or grass inlet areas; inspect overflow stnictures;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. Alternatively,the City may, at its discretion,request maintenance
records from Cumberland Court Housing Commission,Inc.,or any successor tenant and such records shall be provided.
PROHIBITIONS
Excessive use of deicing materials will promote the premature failure of the underground storm water detention system. The Property
Owner shall take care to ensure that deicing materials are used only when absolutely necessary,and shall take steps to minimize their
usage.
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CITY OF OSHKOSH
STOPM,MWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
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 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
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 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 Cut-rent Services shall be a lien on the Property and shall be collected with the real estate taxes.The Property owner
aff'urnatively 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. Cumberland Court
Housing Commission,Inc.,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
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5 1
CITY OF OSHKOSH
STORyiWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
SIGNATURES
The undersigned agree to the provision set forth in this agreement.
For the Owner/Developer:
CUMBERLAND COURT MASTER DEVELOPMENT,LLC
By: The Housing Authority of the City of Oshkosh, Wisconsin
Ar!llll !!,
Susan van Houwelingen,�Fxecuti4eDirector •' ��p•..?.NL',S,j•,,
Date �•-�
- � d
= ��; PUBL.t0
State of Wisconsin )
9�F•.•••..... o� .
}ss. •, •
Winnebago County ) "*OF wks!O
Personally came before me on this A3_.day of 2016,the above named, Susan van Houwelingen,to
me known to be the person whom executed the foregostrumenttaand ac l owled ed the same.
Notary Public, State of Wisconsin
My commission expires: (-)$-DA=10V8
For the City of Oshkosh:
- a,
Mark A. ohloff,City Manager Pamela
Date Date
State of Wisconsin }
ss.
Winnebago County )
Personally came before me on this. day of s,v2016,the above named,Mark A.Rohloff and
Pamela R.Ubrig,to me known to be the persons who Axecuted the foregoing instrument and acknowledged the same.
r ,,..unm,rrpry
Notary Public,State of Wisconsin c,,,,•-----.•C�
My commission expires: ..
�' O�q R '•
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d as to form: z Y
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- '•, pUBL,G �� =y
L renso ttorney % d X`
Date 'r',ur,t,l
This document was drafted by:
David J.Praska
Assistant City Attorney
Oshkosh, W1 51903-1130
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Exhibit A
Lots One (1) and Two (2), Certified Survey Map No. 7069 recorded in the Office
of the Register of Deeds for Winnebago County, Wisconsin on March 31, 2016,
in Volume 1 of Certified Survey Maps, Page 7069, as Document No. 1709912,
Iocated in the City of Oshkosh, Winnebago County,Wisconsin,
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i•ulr:Y.l.ary Fp s.r.r.narra,a,
bmw,ar. ny
lnspeCUon & Maintenance Log
Bioretantion & Rain Garden
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 %s), annually at a minlmum. 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
Date Date Date Maintenance Action late
oudet/Standpipe
Debris/Trash Accumulatlon' Clean up/Rernove
High water levels(near top of basin)' Clean/inspect discharge
Emergency Spillway i e.
Erosion or Depressions* RepaldRestore
Basin Pvllssin Rock* Repair/Restore
Debris/Trash Accumulatlon* Remove
Visible pollution (oil sheen, algae, etc)" Report to municipality.
Clean and remove
pollution
Willing/Dying Plants* Water and/or Replant
per approved plan
Erosion or Depresslons* Repair/Restore
Long-Term Standing Water(greater Restore(remove mulch,
than 3 days after rain event)' scarify soils around
plants, add new mulch)
Poor vegetation density Replant per approved
plan
Animal Burrows* Repair. Remove
nuisance animals
Undesirable/Invasive vegetation Remove/Treat with
herbicide.
Voids in mulch area Add mulch to depth of 3"
Page 1 of 1 Rev.02/22!200$
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Inspection & Maintenance Log
Catch Basin 1 Proprietary Device
Inspection Year:
Name of Site: Address:
i
lnspector: 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 matntenance 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),
rAbnormal
nspection Item Storm Storm Storm Maintenance Action Date
Date Date Date
proprietary Crevice
tion' Remove after
Stabilization
sh Accumulation i Clean up/Remove
ater levels Contact Municipality
Sediment/Floatables Accumulation ` Remove(pump and
dispose of at
wastewater trealment
plant) **
Depressions around facility Contact Municipality
Joint Separation Contact Municipality
Cracks in Concrete Contact Municipality
Deteriorated piping Contact Municipality
Displacement of Structure Contact Munlcipallty
* Pumping Details (based on design guidelines).
Type of unit(s) Design Pumping Frequency
Dates Pumped
Pumper Disposal location
Page i of i Rev.02/22/2008
C'-o�Jr G �'Pa-