CCR2020045-AttachmentPage 1 of 5
Document Number
Muskego School Apartments, LLC, as “Owner” of the property described below,
in accordance with Chapter 13 MMSD and the City of Muskego Code of
Ordinances agrees to install and maintain storm water management practice(s) on
the subject property in accordance with approved plans and Storm Water
Management Plan conditions. The owner further agrees to the terms stated in this
document to ensure that the storm water management practice(s) continues serving
the intended functions in perpetuity. This Agreement includes the following
exhibits:
Exhibit A: Legal Description of the real estate for which this Agreement
applies (“Property”).
Exhibit B: Location Map(s) – shows an accurate location of each storm
water management practice affected by this Agreement.
Exhibit C: Maintenance Plan – prescribes those activities that must be
carried out to maintain compliance with this Agreement.
By this Agreement, the Owner hereby subjects the Property to the following
covenants, conditions and restrictions:
1. The Owner shall be responsible for the routine and extraordinary
maintenance and repair of the storm water management practice(s)
identified in Exhibit B.
2. The Owner shall be solely responsible for maintenance and repair of the s torm water management practices and
drainage easements in accordance with the maintenance plan contained in Exhibit C.
3. Upon written notification by the City of Muskego (“City”) or it’s designee, the Owner shall, at their own cost and
within a reasonable time period determined by the City of Muskego, have an inspection of the storm water
management practice conducted by a qualified professional, file the professional’s inspection report with the City
of Muskego which shall be subject to the City’s approval and complete any maintenance or repair work
recommended in the report. The Owner shall be liable for the failure to undertake any maintenance or repairs.
4. In addition, and independent from the requirements of section 3, above, the City, or its designee, is authorized to
access the Property as necessary to conduct inspections of the storm water management practices or drainage
easement to ascertain compliance with the intent of this Agreement and the activities described in Exhibit C and
any applicable addenda that are subsequently recorded regarding this Agreement. The City may require work to
be done which differs from the report described in section 3, if the City reasonably concludes that such work is
necessary or appropriate.
5. Upon notification by the City of required maintenance or repairs, the Owner shall complete the specified
maintenance or repairs within a reasonable time frame determined by the City . If the Owner does not complete an
inspection under section 3 above or required maintenance or repairs under section 4 or section 5 above within the
specified time period, the City is authorized, but not required, to perform the specified inspections, maintenance
or repairs. In the case of an emergency situation, as determined by the City, no notice sh all be required prior to
the City performing emergency maintenance or repairs. The City of Muskego may levy the costs and expenses of
such inspections, maintenance or repair related actions as a special charge against the Property and collect as such
in accordance with the procedures under s. 66.0627 Wis. Stats. or subch. VII of ch. 66 Wis. Stats.
6. No changes or amendments to this Storm Water Management Practice Maintenance Agreement may be made
without the written approval of the City. The City has the unilateral authority to update this Agreement based
upon any physical modifications to the storm water management practices and drainage easements described
Muskego School Apartments
Storm Water Management Practice
Maintenance Agreement
Name and Return Address
City of Muskego
Community Development Department
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
Tax Key No. MSKC 2193104__________ Parcel Identification Number(s) – (PIN)
Page 2 of 5
herein, by recording an updated Exhibit B and/or an updated Exhibit C in the office of the Waukesha C ounty
Register of Deeds, and giving notice thereof to the Owner.
7. This Agreement shall run with the Property and be binding upon all heirs, successors and assigns in interest of
the Property. Such heirs, successors and assigns shall be deemed the “Owner” as used herein upon acquiring an
interest in the Property, including, but not limited to, Muskego School Apartments LLC.
Owner:
____________________________________________
By:
By:
STATE OF WISCONSIN )
) ss.
WAUKESHA COUNTY )
Personally came before me this _____ day of_____________________, the above named
_____________________________, to me known to be the person who executed the foregoing instrument and
acknowledged the same.
Notary Public, State of Wisconsin
My Commission expires _____________
City of Muskego:
Mayor Kathy Chiaverotti
STATE OF WISCONSIN )
) ss.
WAUKESHA COUNTY )
Personally came before me this _____ day of ___________________________, the above named Richard
Petfalski, Jr., to me known to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public, State of Wisconsin
My Commission
This document was drafted by:
Excel Engineering, Inc
Jason Daye
Richard Petfalski, Jr.
Page 3 of 5
Exhibit A – Legal Description
Page 4 of 5
Exhibit B – Location Maps Showing
the Location of Each Storm Water Management Practice
STAKEOUT INFO
R
M
A
T
I
O
N
:
VERIFY STATION
F
O
R
I
N
L
E
T
LOCATION. REF
E
R
T
O
S
T
A
K
E
O
U
T
P
O
L
I
C
Y
FOR STAKEOUT
L
O
C
A
T
I
O
N
A
N
D
O
F
F
S
E
T
S
.
STA
K
E
O
U
T
I
N
F
O
R
M
A
T
I
O
N
:
VER
I
F
Y
S
T
A
T
I
O
N
F
O
R
I
N
L
E
T
LOC
A
T
I
O
N
.
R
E
F
E
R
T
O
S
T
A
K
E
O
U
T
P
O
L
I
C
Y
FOR
S
T
A
K
E
O
U
T
L
O
C
A
T
I
O
N
A
N
D
O
F
F
S
E
T
S
.
ST
A
K
E
O
U
T
I
N
F
O
R
M
A
T
I
O
N
:
VER
I
F
Y
S
T
A
T
I
O
N
F
O
R
I
N
L
E
T
LO
C
A
T
I
O
N
.
R
E
F
E
R
T
O
S
T
A
K
E
O
U
T
P
O
L
I
C
Y
FOR
S
T
A
K
E
O
U
T
L
O
C
A
T
I
O
N
A
N
D
O
F
F
S
E
T
S
.
STA
K
E
O
U
T
I
N
F
O
R
M
A
T
I
O
N
:
VE
R
I
F
Y
S
T
A
T
I
O
N
F
O
R
I
N
L
E
T
LOC
A
T
I
O
N
.
R
E
F
E
R
T
O
S
T
A
K
E
O
U
T
P
O
L
I
C
Y
FOR
S
T
A
K
E
O
U
T
L
O
C
A
T
I
O
N
A
N
D
O
F
F
S
E
T
S
.
ST
A
K
E
O
U
T
I
N
F
O
R
M
A
T
I
O
N
:
VER
I
F
Y
S
T
A
T
I
O
N
F
O
R
I
N
L
E
T
LOC
A
T
I
O
N
.
R
E
F
E
R
T
O
S
T
A
K
E
O
U
T
P
O
L
I
C
Y
FO
R
S
T
A
K
E
O
U
T
L
O
C
A
T
I
O
N
A
N
D
O
F
F
S
E
T
S
.
STAKEOUT INFO
R
M
A
T
I
O
N
:
VERIFY STATION FO
R
I
N
L
E
T
LOCATION. REF
E
R
T
O
S
T
A
K
E
O
U
T
P
O
L
I
C
Y
FOR STAKEOU
T
L
O
C
A
T
I
O
N
A
N
D
O
F
F
S
E
T
S
.
ST
A
K
E
O
U
T
I
N
F
O
R
M
A
T
I
O
N
:
VER
I
F
Y
S
T
A
T
I
O
N
F
O
R
I
N
L
E
T
LO
C
A
T
I
O
N
.
R
E
F
E
R
T
O
S
T
A
K
E
O
U
T
P
O
L
I
C
Y
FOR
S
T
A
K
E
O
U
T
L
O
C
A
T
I
O
N
A
N
D
O
F
F
S
E
T
S
.
STA
K
E
O
U
T
I
N
F
O
R
M
A
T
I
O
N
:
VE
R
I
F
Y
S
T
A
T
I
O
N
F
O
R
I
N
L
E
T
LOC
A
T
I
O
N
.
R
E
F
E
R
T
O
S
T
A
K
E
O
U
T
P
O
L
I
C
Y
FO
R
S
T
A
K
E
O
U
T
L
O
C
A
T
I
O
N
A
N
D
O
F
F
S
E
T
S
.
ST
A
K
E
O
U
T
I
N
F
O
R
M
A
T
I
O
N
:
VER
I
F
Y
S
T
A
T
I
O
N
F
O
R
I
N
L
E
T
LO
C
A
T
I
O
N
.
R
E
F
E
R
T
O
S
T
A
K
E
O
U
T
P
O
L
I
C
Y
FOR
S
T
A
K
E
O
U
T
L
O
C
A
T
I
O
N
A
N
D
O
F
F
S
E
T
S
.
STA
K
E
O
U
T
I
N
F
O
R
M
A
T
I
O
N
:
VE
R
I
F
Y
S
T
A
T
I
O
N
F
O
R
I
N
L
E
T
LOC
A
T
I
O
N
.
R
E
F
E
R
T
O
S
T
A
K
E
O
U
T
P
O
L
I
C
Y
FO
R
S
T
A
K
E
O
U
T
L
O
C
A
T
I
O
N
A
N
D
O
F
F
S
E
T
S
.
Page 5 of 5
Exhibit C
Minimum Storm Water Practice Maintenance Requirements
The owner of the property affected shall inspect and maintain the following stormwater management systems
frequently, especially after heavy rainfalls, but at least on an annual basis unless otherwise specified.
STORMWATER
FACILITY
TYPE OF ACTION
1. Lawn and
Landscaped Areas
All lawn areas shall be kept clear of any materials that block the flow of
stormwater. Rills and small gullies shall immediately be filled and seeded or
have sod placed in them. The lawn shall be kept mowed, tree seedlings shall be
removed, and litter shall be removed from landscaped areas.
2. Swales All grassed swales showing signs of erosion, scour, or channelization shall be
repaired, reinforced, and revegetated immediately. All swales shall be repaired
to the original plan requirements. Mowing shall take place no less than twice per
year at a height of no less than three inches. Grasses shall not be allowed to
grow to a height that permits branching or bending. Mowing shall only take
place when the ground is dry and able to support machinery.
3. Catch Basin/Curb
Inlet Grates
The grate openings to these structures must be cleared of any clogging or the
blocking of stormwater flow from getting into the stormwater conveyance system
of any kind.
4. Hydro International
Up-Flo Filter Quality
Structure
Inspection of the structure shall be completed annually at a minimum by
qualified maintenance personnel. Sediment in the bottom of the structure shall be
inspected to verify sediment is less than 16” deep. If sediment is greater than 16”
deep, the sediment shall be removed per Hydro International requirements.
Qualified maintenance personnel shall enter structure to remove a Media Bag to
be weighed. Media Bags weighing more than 40 lbs are an indication that the bag
is full and need to be replaced. Replace per manufacturer specifications.
Qualified maintenance personnel shall inspect the oil layer on the water surface
to oil being entrained in the Media Bags. If the oil accumulation is greater than
1.5”, the structure shall be pumped per manufacturer’s specifications. After storm
events of greater than 1” of rainfall, the structure shall be inspected 48 hours after
the rainfall event to verify the water level inside the structure has dropped to
below the base of the filter modules. If the water level has not dropped, the filters
are considered to be clogged and shall be replaced per manufacturer’s
specifications. For further information, follow Hydro International’s Up -Flo
Filter Operation and Maintenance Manual for details.
5. Detention Basins Trash racks, standpipes, outlet structures, inlet and outlet pipes, and anti vortex
devices shall be kept clear of debris. Non-structurally sound devices shall be
replaced. Floating litter and algae shall be removed monthly. All grassed areas,
embankments, and flow control devices showing signs of erosion shall be
repaired, reinforced, and revegetated immediately to the original plan
requirements. Dry basins shall be mowed no less than twice per year at a height
of no less than 3 inches. Grasses shall not be allowed to grow to a height that
permits branching or bending. Mowing shall only take place when the ground is
dry and able to support machinery. When silt has accumulated at the bottom of
the pond, the pond shall be cleaned out and restored back to the ori ginal design
depth. Cleaning, removal, and deposit of silt from the detention pond shall be
done by means and methods acceptable to the Wisconsin Department of Natural
Resources.
6. Record of
Maintenance
The operation and maintenance plan shall remain onsite and be available for
inspection when requested by WDNR and the City of Muskego. When
requested, the owner shall make available for inspection all maintenance records
to the department or agent for the life of the system.