HomeMy WebLinkAboutMaintenance Agreement, Cypress Homes & Oshkosh ZAIZO
CITI OF OSHI{OSH 8 3 7 1 4
LONG TERM MAINTENANCE AGREEMENT Tx:42301 12
AND 1728518
STORMIVATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT REGISTER'S OFFICE
Document Number Doeunient Title WINNEBAGO COUNTY, WI
RECORDED ON
11/28/2016 8:55 AM
The City of Oshkosh the Governing Body, and Cypress Homes Inc the Property 3owner, CHRISCOPHER LARSON al6ng with their successors and assigns,are the parties to this Agreement. This Agreement DEPUTY REGISTER OF DEEDS
addresses certain identified issues related to a new subdivision being developed by RECORDING FEE 30.00
Cypress Homes. The general purposes of this Agreement are to address unique Recording Area PAGES: 12
maintenance and special assessment issues related to Outlot 1 in the new subdivision
known as Sunrise Estates,and to ensure adequate storm water drainage facilities for the Name & Return Address:
Property Subject to This Agreement in connection with the surrounding public stonn Oshkosh City Attorney's Office
water facilities. The consideration for this Agreement includes the City's approval of PO Box 1130
proposed development on the Property Subject to this Agreement. Additional Oshkosh,W1 54903-1130
consideration includes the Property owner's clearer understanding of storm water drainage Ta.Parcae Nim bars:
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 913-4602-01-00; 913-4602-02-00;
Agreement. 913-4602-03-00;913-4602-04-00;
913-4602-05-00;913-4602-06-00;
CURRENT PROPERTY OWNER(S)SUBJECT TO THIS AGREEMENT: 913-4602-07-00; 913-4602-08-00;
913-4602-09-00;913-4602-10-00;
Cypress Homes,Inc. 913-4602-11-00; 913-4602-12-00;
1230 West College Avenue, Suite D 913-4602-13-00; 913-4602-14-00;
Appleton WI 54914 913-4602-15-00;913-4602-16-00;
913-460217-00; 913-4602-18-00;
The covenants,restrictions,requirements, and terms of this Agreement shall attach to the 913-4602-19-00;913-4602-20-00;
Property Subject to This Agreement,shall run with the land,and shall be enforceable 913-4602-21-00;913-4602-01-01
against the Property Owner,their heirs,successors,assigns,and each subsequent owner of
the Property.
GOVERNING BODY: City of Oshkosh
PROPERTY SUBJECT TO THIS AGREEMENT
The Property Subject to This Agreement(Property)includes each lot(Numbers 1-21)and Outlot 1 of the Sunrise Estates subdivision,
which is located in the City of Oshkosh, Winnebago County,and is more particularly described as follows:
Lots 1,2,3,4, 5,6,7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
17, 18, 19,20,and 21,an([Outlet 1, Sunrise Estates
subdivision,recorded with the Winnebago County Register
of Deeds at Page 278 in the book of Plats on July 27,2016
as Document Number 1718878,and being part of the
Northwest'/4 of the Northwest%4 of Section 32,Township 18
North, Range 16 East, City of Oshkosh, Winnebago County,
Wisconsin.
MAINTENANCE AND SPECIAL,ASSESSMENTS
All parcels within the Property will be subject to all applicable property maintenance and special assessment rules as found in the
Municipal Code,State Statute,and other applicable legal sources. However,the Sunrise Estates subdivision has been designed to include
a unique feature of designing Outlot 1 for storm water drainage purposes at the entrance of the Subdivision, and with such storm water
drainage purposes for the sole benefit of the separate parcels within the Property. Outlot 1 will not only have storm water drainage
functions,maintenance,and costs as described elsewhere in this Agreement, but also will have frontage on the public rights-of-way for
1
October 7,2016 �.
CITY OF OSHKOSH
LONG TERM MAINTENANCE AGREEMENT
AND
STORtVIWATER MANAGUNIENT FACILITY
MAINTENANCE AGREEMENT
Document NunibS Document Title
both West 20i1 Avenue and the newly created Morningstar lane. Outlot I's frontage on two public rights-of-way therefore includes public
sidewalks,streets,and utilities and the costs associated with maintenance,repair, and replacement of those facilities.
Assessable projects affecting the Property and/or parcels within the Property will be analyzed and assessed in a manner that conforms with
the City's Special Assessment Policy at the time of the particular project. Outlot i is subject to Special Assessments for assessable
projects affecting its right-of-way frontage. The City does not require any specific form of ownership of Outlot 1. Because Outlot 1 exists
for the benefit of the Sunrise Estates subdivision as a whole,the Special Assessments attributable to Outlot 1 will be divided equally
among Lots 1 through 21 and each such special assessment portion(1/21 of Outlot I's Special Assessment)will be assessed to each parcel
within the Property. The Special Assessments related to Outlot I will always be divided into twenty-one parts. In the event that lots as a
whole are combined with another lot,then the combined lot will be specially assessed for a 2121 portion of the overall special assessment
otherwise attributable to Outlot 1. If lots are divided,then any special assessment attributable to the divided lot for Outlot I will divided
and assessed based on the proportional split.
Other maintenance related to Outlot 1, including but not limited to snow shoveling and ice removal,mowing,and sidewalk repair, is the
responsibility of the collective Sunrise Estates subdivision and the City takes no position on the logistics of performing these tasks.
Nevertheless, in the event such required tasks are not performed by the Subdivision within the time required by Ordinance or other rule,
and in the event that the City or other entity performs the tasks,then the costs for such tasks shall be divided and charged in the same
proportion as the description for Special Assessments, above. The owners of parcels within the Property may develop their own internal
agreement(s)for taking care of the issues or dividing the costs as described herein. The City is not bound by any such private agreements
and will instead act in a manner that is consistent with this Agreement and current City Ordinances and other applicable laws and
regulations.
GRADING AND DRAINAGE PLAN
The Property must always comply with the grading and drainage plans approved by the City. The approved grading and drainage plans
may be amended or modified from time to time after consultation between the City and the Property owner. Compliance will be evaluated
according to the most current approved plans. A small scale version of the current grading and drainage plans 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 Departirrent 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 as it relates to Storm Water Management:
1)Notify the Property owner,as well as anyone interested in or connected to the Property that tine 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 plans 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 fiom time to time,with the
Property owner receiving public notice as required by law. Changes may be made to the grading and drainage plans for the Property if
requested by the Property owner and after review of any changed circumstances on the Property. The approved grading and drainage
plans 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.
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October 7,2016
CITY OF 0SIIKOSII
LONG TERitii MAINTENANCE AGREEMENT
AND
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
RESPONSIBLE PARTIES
Each parcel owner within the Property,and their heirs,successors,and assigns, is individually responsible for maintaining their property in
conformance with the approved grading and drainage plan. All owners of parcels within the Property Subject to This Agreement,and their
heirs,successors,and assigns,directly benefit from and therefore are collectively responsible for maintaining the larger storm water
facilities described below, and more specifically Outlot 1:
I. Each parcel owner shall be responsible for ensuring that their specific property conforms to the approved grading and
drainage plan. Property owners shall be wholly responsible for maintaining approved vegetation,grading,and drainage on
their property. This responsibility exists regardless of the identification of any areas as a public storm sewer,public drainage
or access easement. The only exceptions,or limitations,of this responsibility are identified in paragraph 2,below. The
failure to maintain individual property as required will result in the City of Oshkosh performing the necessary maintenance,
after notice, and obtaining payment for such maintenance costs pursuant to the Special Charge for Current Services
procedures identified in the Wisconsin Statutes and described in this Agreement. Property owners expressly consent to the
City's entrance on their property for the temporary and limited purpose of performing these grading,drainage,and storm
water maintenance tasks.
2. All owners of property within the Property,and their heirs,successors,and assigns,are collectively responsible for the
maintenance of the following:
a. Maintaining the approved grading and drainage identified on Outlet 1,and performing all maintenance and repairs of the
storm water pond and wetlands, and any public easement for drainage and access related to Outlot 1. Included within
the collective maintenance responsibilities of the property owners)are specified in the Storm Water Facilities identified
in this Agreement.
b. Maintaining Outiot I free of all invasive species as defined by the Wisconsin Department of Natural Resources
Administrative Code Chapter NR 40,as amended.
c. In those circumstances when,in the City's judgment,the collective maintenance responsibilities of property owners
described in this Agreement have not been performed or not adequately performed,then the City may enter Outlot I and
undertake all necessary maintenance activities. The City's ability to enter Outlot.I and to perform these necessary
activities shall be temporary and limited in scope to the performance of necessary maintenance activities. The City may
charge the costs of these maintenance activities to the properties as follows: costs will be divided equally among Lots I
through 21 and each such special assessment portion(1121 of Outlot I's Special Charges)will be charged to each parcel
within the Property. The Special Charges related to Outlet twill always be divided into twenty-one parts. In the event
that lots as a whole are combined with another lot,then the combined lot will be specially assessed for a 2121 portion of
the overall Special Charge otherwise attributable to Outlot 1. If lots are divided,then any Special Charge attributable to
the divided lot for Outlot 1 will divided and charged to parcels based on the proportional split.
STORM WATER FACILITIES
The Property's storm water facilities consist of:
1. Detention Pond;and
2. Storm Sewer;and
3. Swales;and
4. Inlet and manhole covers;and,
5. Wetland(approximately 1,400 sq. ft.)adjacent to Detention Pond.
3
October 7,2016
CITY OF OSHKOSH
LONG TERM MAINTENANCE AGREEIIENT
AND
STORNINVATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
INSPECTION AND MAINTENANCE OF STORM WATER FACILITIES
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 storm events. The storm water facilities and grading and drainage schemes 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. Tile existence of soil erosion,clogged or damaged inlets and/or pipes,sedimentation of the basin and/or biofilter,rifling 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. Outlot 1 shall be inspected annually for the presence of invasive species, and all owners of property within the
Property shall take all reasonable efforts to eradicate all invasive species found.
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 dissipater 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 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 to control invasive species or encourage the growth of native vegetation,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 unless directly related to the control of invasive species.
COMPLIANCE
The Property benefits from a properly maintained grading and drainage plans as well as properly maintained stonn water facilities. In the
event the Property owner fails to perform any obligations related to this Agreement,the City of Oshkosh shall have the authority to enter
the private Property on a temporary basis and for the limited put-pose to inspect,maintain,repair,reconstruct, and/or modify any
component of the approved grading and drainage plan or storm water facilities. 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 Iirnited,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 facilities that is located oil or within the Property. The City of Oshkosh shall use only that part of the
d
October 7,2016
CITY OF OSHKOSH
LONG TERNI MAINTENANCE AGREEMENT
AND
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
Property reasonably necessary to allow the inspection,maintenance,and/or repair of the approved grading and drainage plans or any stone
water facilities.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 its
Reimbursement remedies include placing an encumbrance against the Property as a Special Charge for Current Services pursuant to See.
66.0627 Wisconsin Statutes,as amended,or through other methods to collect directly from the Property owner as allowed by lase 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 affinnatively 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 thud party beneficiaries.
RECORDING
This agreement shall be recorded with the land records of the Winnebago County, Wisconsin, Register of Deeds. Cypress Homes 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 all of the owners of 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.
PRIVATE AGREEMENTS
The owners of parcels within the Property may enter into separate,private agreements that describes provisions for maintenance and/or
payment responsibilities that differ from the terms of this Agreement. Regardless of the terms of any agreement between the owners of
parcels with the Property,the City is not bound by the teams of those private agreements unless explicitly agreeing to terms outside of this
Agreement. The City will proceed according to the terms of this Agreement,with the property owners having the responsibility of making
adjustments pursuant to any private agreements.
[SIGNATURE PAGE FOLLOWS]
5
October 7,2016
i
CITY OF OSHKOSH
LONGTERM MAINTENANCE AGREEMENT
AND
STOR11IWATER MANAGEMENT FACILITY
MAINTENANCE AGRI EIVIENT
Document Number Document Title
For the Owner/Developer:r
Date: K OYeun bey` 1(o , 201 G
Cypress Ho Pe Inc`.,
By:
Michael F. Blank,Pr r ent
State of Wisconsin )
)ss.
Winnebago County )
`�`l�lHlllllre/lrl/,,
Rq
Personally came before me on this 109-1 day of 1�0Y �,2016,the above named, Michael F.Bla�4le''" '•.`SS -.
known to be the person whom executed the foregoing instrut d"ecd the same. .' �QTA •, �'�
Notary Pu lic, State of Wisconsin e ;
My commission liras: es r1AiRVe.kt tn�A`, OB OG
City of Oshkosh: �.''"�!bV1SO"'O��
ft-lerk )�V
Date:By: By:
Mark A.Rohloff, City Manager Panic a R. Ubrig; i
State of Wisconsin }
)ss,
Winnebago County )
Personally came before tine on this day of Jar,2016,the above named,Mark A,Rohioff and Pannela;
R.Ubrig,to me known to be tine persons who executed th reg tng/instrument and acknowledged the'sarne.
Notary Public, State of Wisconsin
My commission.e�ires: 5 I
Approved as to form:
-A4 Da
n . LorensoU�ity ney
This document was drafted by:
David J.Praska
Assistant City Attorney
Oshkosh, W154903-1130
6
October 7,2016
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N d A
Inspection & Maintenance Log
Detention Basin
Inspection Year:
Name of Site: Address:
Inspector: Company:
Municipality
Contact: Phone:
*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).
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
Exhibit B-LoLS
Inspection & Maintenance Log
Detention Basin
Inspection Item Storm Storm Storm Maintenance Action Date
Date Date 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
Exhibit -a--2..15
Inspection & Maintenance Log
Detention Basin
Inspection Item Storm Storm Storm Maintenance Action Date
Date Date Date
4. Emergency Spillway—Exposed
Fabric
Overgrown Vegetation
ErosionBackcutting 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 I leaking
Joint Separation
Cracks in Concrete
Deteriorated piping
Displacement of Structure
Page 3 of 4 Rev.02/22/2008
Exhibit 5
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 1 Obstructions
2. Bridge/Culvert Problems
Buildings Issues
Foundation Concerns
Page a of A Rev.02/22/2008
Exhibit - is
Inspection & Maintenance Log
Cate Basin / Proprietary Device
Inspection Year:
Name of Site: Address:
Inspector: Company:
Municipality
Contact: Phone:
*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).
Inspection Item Storm Storm Storm Maintenance Action Date
Date Date Date
Catch Basin/Proprietary Device
Inlet Protection* Remove after
Stabilization
Debris 1 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 Disposal Location
Page 1 of i Rev.0212212008
Exhibit ��S