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Home My WebLink AboutZBW, LLC-parcel 91366500100 (2017) 7 / 2 �l ll II CITY OF OSHKOSH 8 3 1 7 1 1 7 STORIVIWATER MANAGEMENT FACILITY Tx:4230112 MAINTENANCE AGREEMENT 1728519 Document Number Document Title REGISTER'S OFFICE The City of Oshkosh,the Governing Body,and ZBW,LLC,the Property owner,along WINNEBAGO COUNTY, W1 with their successors and assigns,are the parties to this Agreement. The purpose of this RECORDED ON Agreement is to ensure adequate storm water drainage facilities for the Property described 11/28/2010 8:55 AM in this Agreement in connection with the surrounding public storm water facilities. The CHRISTOPHER LARSON consideration for this Agreement includes the City's approval of proposed development on DEPUTY REGISTER OF DEEDS the Property. Additional consideration includes the Property ownor's clearer understanding of storm water drainage obligations for the Property,and the Governing RECORDING FEE 30.00 Body's assurance that the storm water drainage issues relating to the property can be more PAGES: 11 easily achieved through this Agreement. CURRENT PROPERTY OWNERS SUBJECT TO THIS AGREEMENT: ZBW,LLC Recording Area 3735 South Washburn Street Oshkosh Wl 54904 Name & Retum Address: Oshkosh City Attorney's Office GOVERNING BODY: Ci ' osof Oshkosh 215 E.Church Avenue PO Box 1130 Oshkosh,`VI 54902-1130 PROPERTY SUBJECT TO THIS AGREEMENT Tax Parcel Numbers: The Property subject to this Agreement is located in the City of Oshkosh, Winnebago 91366500100 County, and is more particularly described as follows: Lot Two(2)according to CERTIFIED SURVEY MAP filed in Volume 1 of Survey Maps on Page 6667 as Document No. 1614295;being a part of the South East%a of the South East 1/4 of Fractional Section Four(4),Township Seventeen(17)North,of Range sixteen(16)East, in the Thirteenth Ward, City of Oshkosh,Winnebago County, Wisconsin. 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 with 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 are attached as Exhibit A or identification and reference purposes. The full scale grading and drainage plans 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 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 plans. 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 1 September S,2016 ) CITY OF OSHKOSH STORANI`VATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title 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 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. 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. Detention.Basins;and 2. Storm 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 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 stonm 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 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 instal led/constructed,then biofi[ter 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. 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. 2 September S,2016 CITY OF OSHKOSH STOWNIWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title .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 obligations 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 plans 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 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 plans or any storm 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 fi-om 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.Tire Property owrnrer affrnnatively 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. ZB W,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. ISIGNATURE PAGE FOLLOWS] This document was drafted by: David J.Praska Assistant City Attorney Oshkosh, W154903-1130 3 September 8,2016 CITY OF OSHKOSH STORNIWATER MANAGEMENT FACILITY MAINTENANCE AGREENIENT Document Number Document Title For the Owner/Developer: Date: I�`g"I � ZBW,LLC By: o Toy Weltg4 er Managing Member W2j►4jck� State of Wisconsin ) )ss' Winnebago County ) Personally came before me on this f day of Oov 12016,the above named,Tony VAgmch@�t�°me known two be the person whom executed the foregoingmstrn acknoN ledged the same. W eln lklz KEEGANLANGKAU Notary Public Not ublic, State of Wisconsin State of Wisconsin My commission expires: '30 '! For the City of Oshkosh: Date: Date: MarkA.Rohloff,City Manager Pamela R.U rig, City Clerk State of Wisconsin } ss. Winnebago County ) Personally came before me on this day of 2016,the above named,Mark A.Rohlof#'and Pamela R.Ubrig,to me known to be the persons who exec ted the oregoing instrument pnd acknowledged the same. 4taPublic, State of isconsin My commission mires: • � Approved as to fo rm: D40; 1L n . Lorenso 4 September 8,2016 dOHS 3WOHH3 018 018 ■ ��1� a � !! i ■ moziSNIUVf19435UM r$iii E . C ■ 8 tf r .b e4.. w iaxlx wAsvN x1wi��r ti.ar ax wi Z L U/50A l Noi-LonNISNOO NO3 03SIA3N 06g �z 1 w SUI lit gels Ae �- ----- ------- ---- _==__ a• I =:______=_=_____ __==_=__=_=_ ______ I _ � - ■ � 11 a {_-------- JC !I `til ' `tl I IIIIII Illj I � y 1 ma Ill111 11, W i �. fir$ d e It�1�� jell a zY s Ndlcl dogq ewojgJ 61N 6i8 sixv�x srroa axaaarran�T m'Alum o6egauuyp'gsoXgso to Ajip •ON1'74'1N3nNON1AN3 J JNICI' dO V DOW"(] douS;9WOJy�618 61g E 8JN12i33NfON373AbQ / � �� S �� xr is� ax •swtix��un•.�wc�c=.!.w,r wr ooa:I:wJW 91WWOO NOISNVdX3 9lOZ s s S. Washburn St, ri NA n 1 1� 3 V\\ V � �� 2 \�� ti �� V t-- � O•®rG4�•o�e�.41�g all r , }►� : q I Ap =5\ fflO 9928E 1:1 S A IAbe ' • 3 j c¢ — �� }3l 'a�'E \ 5 \ �4 y \�~ /+ $ I 4—J —k — ,atk► � ��;I� �, �,��, ,,�, f Z^ Fes{ •• 3, i:-"- 3t-__ {IJI IIII ,J'! �• �y �_. ._ �� moa � J u �a'• • • > Yd,CY L.y •/a+-StiNO M.l ae+��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 I Storm Storm Maintenance Action Date Date Date Date Pond Bank Erosion Debris 1 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 aiprap Protection Animal Burrows * Depressions or Bulges Settlement Longitudinal Cracks Transverse Cracks Page 1 of 4Rev.02122/2008 Exhibit . - 4 a-ps Inspection & Maintenance Log Detention Basin inspection Item Storm Storm Storm p Date Date Date Maintenance Action 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 Exhibit s - 2s5 Page 2 of 4 Rev.02/22/2008 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 1 leaking Joint Separation Cracks in Concrete Deteriorated piping Displacement of Structure Exhibit B- ,-:3.-ps Page 3 of 4 Rev.02/22/2008 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 1 Culvert Problems Buildings Issues Foundation Concerns Exhibit Page 4 of 4 Rev.02/22/2008 Inspection & Maintenance Log Catch Basin 1 Proprietary Device 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 W), 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 p Date Date Date Maintenance Action Date Catch Basin!Proprietary Device Inlet Protection * Remove after Stabilization Debris 1 Trash Accumulation * Clean up/kemove Abnormal water levels * Contact Municipality Sediment 1 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 .f x h i b i t E3- -5.p5 eV 02/2212008