CCR2007026.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #026-2007
APPROVAL OF AMENDMENT NO.1 TO
LAKEWOOD DEVELOPMENT - CITY OF MUSKEGO RETENTION POND
MAINTENANCE AGREEMENT
WHEREAS, The Common Council approved Amendment No.1 to Lakewood
Development - City of Muskego Retention Pond Maintenance Agreement on
September 12, 2006; and
WHEREAS, A revised Amendment No.1 to Lakewood Development - City of Muskego
Retention Pond Maintenance Agreement has been received, which requires the
Common Council's approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego does hereby approve the attached Amendment No.1 to Lakewood
Development - City of Muskego Retention Pond Maintenance Agreement subject to
approval of the City Attorney and City Engineer, all of said approvals to be obtained
within thirty (30) days of the date of approval of this Resolution or the same will be null
and void.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to sign the necessary documents in the name of the City, and that the
Mayor, in consultation with the City Attorney, may make any necessary technical
corrections.
DATED THIS 13th DAY OF February ,2007.
This is to certify that this is a true and accurate copy of Resolution #026-2007 which
was adopted by the Common Council of the City of Muskego.
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Restatement of the
LAKEWOOD DEVELOPMENT
RETENTION POND MAINTENANCE AGREEMENT
This Agreement, made and entered into this by and
between Lakewood Condominiums, Inc., Lakewood Commercial Development, LLC
("Lakewood"), and Lakewood Condominium Association Ltd. ("Association"), and the City of
Muskego, a Municipal Corporation located in the County of Waukesha and the State of
Wisconsin, hereinafter referred to as "City".
WITNESSETH:
WHEREAS, Lakewood was one of the owners of certain lands commonly known as Lot 3 of
the Lakewood Development Final Plat, being a part of the SE 14 of Section 8, T5N R20E, City
of Muskego, Waukesha County, Wisconsin, hereinafter referred to as the "Residential
Condominium Property"; and
WHEREAS, the City approved the Final Plat of Lakewood Development and the construction
of storm water retention ponds within an outlot serving the Residential Condominium Property;
and
WHEREAS, Lakewood has received various City permits and Wisconsin Department of
Natural Resources permits hereinafter referred to as DNR permits to construct improvements
within the Final Plat of Lakewood Development; and
WHEREAS, Lakewood Development contains a navigable stream which is directly upstream
from Little Muskego Lake, and the City and DNR has expended great effort and expense to
prevent sedimentation, and
WHEREAS, the City and the DNR have established certain requirements for retention ponds
and storm water management to be constructed within the Final Plat of Lakewood
Development, to minimize flooding and sediment migration to the adjacent navigable stream
including Little Muskego Lake, and
WHEREAS, the City intends to reserve the right to enforce the requirement that the storm
water retention pond areas are maintained in a manner consistent with DNR requirements and
with this Agreement and the Storm Water Management Plan originally dated September 12,
2000 and attached hereto as now restated as Exhibit A ("Management Plan"). The
Management Plan will be on file in the offices of the City of Muskego Building Department as
required by the City of Muskego Storm Water Management ordinance;
WHEREAS, on September 25, 2000; Lakewood Condominiums, Inc., Lakewood
Condominiums Owners Association, Inc., Lakewood and the City entered into a Retention
Pond Maintenance Agreement which was recorded in the Office of the Register of Deeds for
Waukesha County, Wisconsin as document no. 2597847 ("Original Agreement") which
affected the Property; and
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Lakewood Development
Retention Pond Maintenance Agreement
Page 2
WHEREAS, Lakewood Condominiums Inc. and Lakewood Condominiums Owners
Association, Inc. no longer have any interest in the Property by reason of land sales and the
imposition of a condominium regime on Lot 3 as depicted on the Lakewood Development Plat;
and
WHEREAS Lakewood is the owner of the property described on Exhibit B attached hereto
("Commercial Condominium Property") which Lakewood intends to submit to a condominium
regime under a declaration for Lakewood Commercial Center Condominiums ("Commercial
Condominium"); and
WHEREAS the Association is the owners association for Lakewood Condominiums under a
declaration of condominium recorded July 6, 2001 as document no. 2673018 in the Office of
the Register of Deeds for Waukesha County, Wisconsin, as amended ("Residential
Condominium"); and
WHEREAS the parties to this Agreement wish to fully restate the Original Agreement and the
Management Plan as hereinafter set forth;
NOW THEREFORE, in consideration of the mutual covenants and agreements, IT IS
AGREED, as follows:
1 For the purposes of this Agreement, any reference to the "Outlot Pond" shall mean the . pond identified on Exhibit C attached hereto.
2 The Association unless otherwise provided for in the storm water management plan shall
be responsible for maintenance of the storm water management measures on the
Residential Condominium property except those related to the Outlot Pond. The
Commercial Condominium unless otherwise provided for in the Management Plan shall be
responsible for the maintenance of the storm water management measures on the
Commercial Condominium.Property and those related to the Outlot Pond.
3 The Association shall maintain the storm water management measures on the Residential
Condominium property except those related to the Outlot Pond in accordance with the
approved Management Plan The Commercial Condominium shall maintain the storm water
management measures on the Commercial Condominium Property and those related to
the Outlot Pond in accordance with the Management Pla.n.
4 The City of Muskego is authorized to access the Residential Condominium Property and
the Commercial Condominium Property to conduct inspections of storm water practices as
necessary to ascertain that the practices are being maintained and operated in accordance
with the Management Plan.
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5 The Association as to the Residential Condominium Property and the Commercial
Condominium as to the Commercial Condominium Property and the Outlot Pond, on an
annual basis, shall provide maintenance of each storm water management measure, including but not limited to, removal of debris, maintenance of vegetative areas,
maintenance of structural storm water management measures and sediment removal.
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Lakewood Development
Retention Pond Maintenance Agreement
Page 3
6 Upon notification to the Association or to the Commercial Condominium, as the case may
be, by the City of Muskego, of maintenance problems which require correction, the
specified corrective actions shall be taken by the responsible party within a reasonable
time frame as set by the City of Muskego.
7 The City of Muskego is authorized to perform the corrective actions identified in the
inspection report if the Association or the Commercial Condominium, as the case may be,
does not make the required corrections in the specified time period. The costs and
expenses shall be entered on the tax roll as a special charge or special assessment
against the responsible condominium units on a pro-rata basis and collected with any other
taxes levied thereon for the year in which the work is completed.
8 The Developer deposited in a segregated account with the City two thousand dollars
($2,000.00) to cover the estimated costs associated with the pond draw downs necessary
for the first five (5) years related to the Outlot Pond. Commencing January 1,2007, and
continuing in each year thereafter, the City shall invoice the Commercial Condominium in
an amount sufficient to return the account balance to $400.00 for the Outlot Pond. Said
billing shall occur prior to November 1, to cover the costs associated with the pond draw
downs in the following year.
9 Any annual costs in excess of the $400.00 account balance, and which are associated with
the Outlot Pond draw downs, shall be billed to the Commercial Condominium. Costs not
paid shall be placed in equal amounts on the tax bills for the responsible condominium
units.
10 This document shall be recorded with the Waukesha County Register of Deeds and shall
be a covenant running with the land and binding upon all owners of said land.
11 Each party executing this Agreement warrants, represents and acknowledges that it has
the authority to enter into this Agreement and to perform all of the obligations of such party
as set forth in this Agreement. Each individual signing this Agreement on behalf of an
entity herebý warrants, represents and acknowledges that such individual has the authority
to act on behalf of the entity for which he or she is signing.
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Lakewood Development
Retention Pond Maintenance Agreement
Page 4
IN WITNESS WHEREOF, the parties to this Agreement have caused this Agreement to be
signed by its appropriate officers and their seals to be hereunto affixed in triplicate original
counterparts on the date and year first written above.
LAKEWOOD CONDOMINIUM ASSOCIATION, Ltd.
By:
Terese Jacobi, President
STATE OF WISCONSIN}SS
WAUKESHA COUNTY}
PERSONALLY came before me this Terese
Jacobi, President, Lakewood Condominium Association, Ltd. to me known to be the person
who executed the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
. STATE OF WISCONSIN}SS
WAUKESHA COUNTY}
LAKEWOOD CONDOMINIUMS, INC.
By:
Gary Januszewski, President
PERSONALLY came before me this Gary
Januszewski, President of Lakewood Condominiums, Inc. to me known to be the person who
executed the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
LAKEWOOD COMMERCIAL DEVELOPMENT, LLC.
. By:
Gary Januszewski, President
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Lakewood Development
Retention Pond Maintenance Agreement
5
PERSONALLY came before me this Gary
Januszewski, President of Lakewood Commercial Development LLC. to me known to be the
person who executed the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
STATE OF WISCONSIN}SS
WAUKESHA COUNTY}
IN WITNESS WHEREOF, City has caused this Agreement to be signed by its appropriate
officers and their seals to be hereunto affixed in duplicate original counterparts on the date
and year first written above.
CITY OF MUSKEGO
By:
John R. Johnson, Mayor
By:
Janice Moyer, City Clerk
STATE OF WISCONSIN}SS
WAUKESHA COUNTY}
Personally came before me this 2007, the above
named John R. Johnson, Mayor and Janice Moyer, City Clerk, of the above-named municipal
corporation City of Muskego, to me known to be the persons executed the foregoing
instrument, and to me known to be such Mayor and City Clerk of said municipal corporation,
and acknowledged that they executed the foregoing instrument as such officers as the deed of
said municipal corporation by its and to the authorization by the Common
Council from their meeting on this
Notary Public, Waukesha County, Wisconsin
My commission expires
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Lakewood Development
Retention Pond Maintenance Agreement
Page 6
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Restatement of the
Retention Pond Maintenance for Lakewood Muskego, Wisconsin,
as entered into on this by and among, Lakewood
Commercial Development, LLC., Lakewood Condominium Association Ltd. and the City of
Muskego, pursuant to the authorization by the Common Council from their meeting on the
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day of ,2007.
BY THE COMMON COUNCIL
Janice Moyer
City Clerk
SUBSCRIBED AND SWORN TO BEFORE ME
this day of ,2007.
Notary Public, Waukesha County, Wisconsin
My commission expires
Exhibit A
. Restatement of the
LAKEWOOD DEVELOPMENT
STORM WATER MANAGEMENT PLAN
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All capitalized terms in this Storm Water Management Plan which are not otherwise
defined shall have the meaning attributable to such terms as set forth on the Restatement
of the Lakewood Development Retention Pond Maintenance Agreement.
The City of Muskego Storm Water Management Ordinance requires the filing of
a storm water management plan and grading plan. The grading plan including
all hydraulic calculations together with storm sewer plans and appurtenant storm
water structures has been filed by the developer's engineer with the City of
Muskego. Such information was utilized by the City of Muskego to evaluate the
environmental characteristics of the area affected by the land development
activity in Lakewood Development, the potential impacts of the development
upon the quality and quantity of storm water discharges, the potential impacts
upon water resources and drainage systems and the effectiveness and
acceptability of proposed storm water management measures in meeting the
performance standards set forth in the storm water ordinance.
The intent of this storm water management plan is to set forth specific storm
water management measures to guide Lakewood Commercial Development,
LLC ("Lakewood"), the City of Muskego ("City") and the Lakewood Condominium
Association Ltd. ("Association") regarding the management of storm water in
Lakewood Development. Storm water management measures shall not be
limited to those expressed in this plan which may be expanded upon by the
Wisconsin Department of Natural Resources, the City of Muskego or any other
party having jurisdiction. This plan shall be broken down into three sections:
SECTION 1 - DUTIES AND RESPONSIBILITIES OF THE
DEVELOPER.
The Lakewood has at its expense:
1. Created the above referenced grading plans hydrauljc calculations and
storm sewer plans and after approval of same by the City of Muskego filed
all such approved plans with the City.
2. Lakewood has improved the site by constructing said grading and storm
water conveyance systems together with all specified erosion control
measures including final stabilization of the site all in accordance with the
Subdivider's Agreement and approved plans on file with the City.
. 3. Lakewood has constructed the Outlot Pond shown on the Final Plat of
Lakewood Development. Lakewood has provided the as-built plans to the
Lakewood Development
Stormwater Management Plan
Page 2
. City and the Commercial Condominium. Lakewood has also provided a
bench mark at the Outlot Pond as illustrated on the as-built drawings.
4. The City hereby acknowledges that the Commercial Condominium is
responsible for the Storm Water Management measures under this
Management Plan and the Maintenance Agreement related to the Outlot
Pond.
SECTION 2 - DUTIES AND RESPONSIBILITIES OF THE CITY OF
MUSKEGO.
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The City of Muskego and the Department of Natural Resources (DNR) has
expended great effort and expense to prevent sedimentation of Little Muskego
Lake, and the City and the DNR has established certain requirements for
retention pond and storm water management within the Final Plat of Lakewood
Development, to minimize flooding and sediment migration to the adjacent
navigable stream and Little Muskego Lake. To assure quality control the City of
Muskego is willing to administer an annual "draw down" of each retention pond
that will result in reducing the depth of the water during the cold months of the
year. The City shall also administer an annual inspection of the storm water
retention ponds to monitor any build-up of sedimentation on the floor of the
respective ponds.
Under Section 1, Lakewood has provided the City with an as-built drawing of the
ponds after construction together with a bench mark at the Outlot Pond which
data shall become the basis for measurement of sediment build-up. The costs.
and expenses for the City to provide these services shall be entered on the tax
roll as a special assessment against the responsible condominium units and
collected with any other taxes levied thereon for the year in which the work is
completed.
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Set forth below, is an outline of the City's obligations:
1. City of Muskego shall administer draw down and inspect for. sediment
build-up.
2. Draw down of all retention ponds shall occur annually, and shall generally
be within the first two weeks of November.
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3. Draw down may only occur after determination that sediment build-up will
not be transported through discharge pipes. If sediment build-up has
occurred above the invert elevation of the discharge pipe it must be
removed prior to draw down.
Lakewood Development
Stormwater Management Plan
Page 3
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4. Sediment build-up in ponds shall be determined on an annual basis and
shall be recorded in a log. Removal of sediment in the Outlot Pond shall
be administered by the Commercial Condominium according to Section 3.
SECTION 3 - DUTIES AND RESPONSIBILITIES OF THE
LAKEWOOD DEVELOPMENT CONDOMINIUM ASSOCIATION.
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The Commercial Condominium will be created for the purposes of managing and
controlling the Outlot Pond.
The ownership and maintenance of the Outlot Pond including all payment for
associated costs for the Outlot Pond shall be the responsibility of the
Commercial Condominium. The guidelines set forth below shall not limit
additional measures which may from time to time be mandated by the City, DNR
or any other party having jurisdiction:
1. The Commercial Condominium on an annual basis, shall provide
maintenance of the Outlot Pond, including but not limited to, removal of
debris, maintenance of vegetative areas, maintenance of storm water
structures, emergency overflows including rip rap and sediment removal.
2. According to Section 2 the City shall keep an annual log of the depth of
sediment in the floor of the storm water retention ponds. When sediment
build-up reaches 15", the City shall notify the Commercial Condominium
to remove the sediment. The pumping of sediment laden water shall be
filtered through a temporary sediment basin appropriately sized prior to
being discharged into the navigable stream.
3. The Commerci~1 Condominium shall be responsible for water quality in
the Outlot Pond including removal of weeds and algae control.
4. Upon notification of the Commercial Condominium, by the City of
Muskego, of maintenance problems for the Outlot Pond which require
correction, the specified corrective actions shall be taken within a
reasonable time frame as set by the City of Muskego.
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5. The City of Muskego is authorized to perform the corrective actions
identified in the inspection report if the Commercial Condominium does
not make the required corrections in the specified time period. The costs
and expenses shall be entered on the tax roll as a special assessment
against the condominium units serviced by the Outlot Pond to be collected
with any other taxes levied thereon for the year in which the work is
completed.
20624180_3.DOC
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Exhibit B
Lot 1 and Outlot 1 of Lakewood Development, being a redivision of Parcel 2 of Certified Survey
Map No. 6362, Outlot 2 of Certified Survey Map No. 8943, Lot 4, Block 5 of "Bay Shore Hills"
Subdivision and unplatted lands, all being a part of the Northeast 1,4
, Southeast 1,4, Southwest 1,4
and Northwest 1,4 of the Southeast 1,4 of Section 8, Town 5 North, Range 20 East, City of
Muskego, County of Waukesha, State of Wisconsin.
20569482_1.DOC
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EXHIBITC
OUTLOT POND
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20569445_1.DOC
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