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CCR2020044-Attachment119.0620.30 Page 1 of 6   Kwik Trip, LLC, is “Owner” of the property described below, in accordance with Chapter 14 Waukesha County 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 Permit 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. Note: After construction verification has been accepted by Waukesha County, for all planned storm water management practices, an addendum(s) to this agreement shall be recorded by the Owner showing design and construction details. The addendum(s) may contain several additional exhibits, including certification by Waukesha County of Storm Water Permit termination, as described below. Through 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) and drainage easements identified in Exhibit B until Storm Water Permit termination by Waukesha County in accordance with Chapter 14 of the County Code of Ordinances. 2. After Storm Water Permit termination under 1., the current Owner(s) shall be solely responsible for maintenance and repair of the storm water management practices and drainage easements in accordance with the maintenance plan contained in Exhibit C. 3. Upon written notification by City of Muskego or their designee, the Owner(s) 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 a report with the City of Muskego and complete any maintenance or repair work recommended in the report. The Owner(s) shall be liable for the failure to undertake any maintenance or repairs. 4. In addition, and independent of the requirements under paragraph 3 above, the City of Muskego, or its designee, is authorized to access the property as necessary to conduct inspections of the storm water management practices or drainage easements to ascertain compliance with the intent of this Agreement and the activities prescribed in Exhibit C. The City of Muskego may require work to be done which differs from the report described in paragraph 3 above, if the City of Muskego reasonably concludes that such work is necessary and consistent with the intent of this agreement. Upon notification by the City of Muskego of required maintenance or repairs, the Owner(s) shall complete the specified maintenance or repairs within a reasonable time frame determined by the City of Muskego. 5. If the Owner(s) do not complete an inspection under 3. above or required maintenance or repairs under 4. above within the specified time period, the City of Muskego 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 of Muskego, no notice shall be required prior to the City of Muskego 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 collected as such in accordance with the procedures under s. 66.0627 Wis. Stats. or subch. VII of ch. 66 Wis. Stats. 6. This Agreement shall run with the Property and be binding upon all heirs, successors and assigns. After the Owner records the addendum noted above, the City of Muskego shall have the sole authority to modify this agreement upon a 30-day notice to the current Owner(s). Storm Water Management Practice Maintenance Agreement     Name and Return Address Land Resources Division 515 W. Moreland Blvd., Rm AC 260 Waukesha, WI 53188 119.0620.30 Page 2 of 6   Dated this day of , 2020. X________________________________________________ State of WI, County of ____________; Subscribed and sworn Mayor City of Muskego before me on ____________________________________ by the above named person(s). ________________________________________________ Richard Petfalski, JR. ________________________________________________ Notary Public Print or type name: ________________________________ My Commission Expires:______________________________ Dated this day of , 2020. X________________________________________________ State of WI, County of ____________; Subscribed and sworn Owner Signature before me on ____________________________________ by the above named person(s). ________________________________________________ Print or type name ________________________________________________ Notary Public Print or type name: ________________________________ My Commission Expires:______________________________ This document was drafted by: Louis A. Olson 5010 Voges Road Madison, WI 53718 For Certification Stamp 119.0620.30 Page 3 of 6   Exhibit A – Legal Description The following description and reduced copy map identifies the land parcel(s) affected by this Agreement. For a larger scale view of the referenced document, contact the Waukesha County Register of Deeds office. Project Identifier: CSM 4878 Acres: 2.12 Date of Recording: Map Produced By: Legal Description: Lot 1 and part of Lot 2 3 of Certified Survey Map No. 4878, located in all that part of the Northeast Quarter (NE ¼) of the Northwest Quarter (NW ¼) in Section 1, Township 5N, Range 20E, City of Muskego, Waukesha County, Wisconsin. INSERT COPY OF CSM HERE 119.0620.30 Page 4 of 6   Exhibit B - Location Map Storm Water Management Practices Covered by this Agreement The storm water management practices covered by this Agreement are depicted in the reduced copy of a portion of the construction plans, as shown below. The practices include one wet detention basin, and all associated pipes, earthen berms, rock chutes and other components of these practices. All of the noted storm water management practices are located within a drainage easement on the Lot, as noted in Exhibit A. Subdivision Name: Lots 1 and part of Lot 2 of CSM No. 4878 Storm water Practices: Wet Detention Basin #1 Trench Drain Catch Basins and Inlets BMP Inc. Snouts Location of Practices: Lots 1 and part of Lot 2 of CSM No. 4878 Figure 1 Plan View of Storm Water Practices 119.0620.30 Page 5 of 6   Exhibit C Storm Water Practice Maintenance Plan This exhibit explains the basic function of each of the storm water practices listed in Exhibit B and prescribes the minimum maintenance requirements to remain compliant with this Agreement. The maintenance activities listed below are aimed to ensure these practices continue serving their intended functions in perpetuity. The list of activities is not all inclusive, but rather indicates the minimum type of maintenance that can be expected for this particular site. Access to the stormwater practices for maintenance vehicles is shown in Exhibit B. Any failure of a storm water practice that is caused by a lack of maintenance will subject the Owner(s) to enforcement of the provisions listed on page 1 of this Agreement by the City of Muskego. System Description: The wet detention basin is designed to trap 40% of sediment in runoff from the paved areas and maintain pre- development downstream peak flows. Before the runoff from the site reaches the wet detention basin it will pass through a two catch basin that have sumps and a BMP Inc. Snouts mounted in them. This device will remove oil and gas and floatables from the run off before it reaches the basin. The main pool will trap the finer suspended sediment. To do this, the pond size, water level and outlet structures must be maintained as specified in this Agreement (see Figure 1). The main basin receives runoff from a 2.12-acre drainage area. During high rainfall or snow melt events, the water level will temporarily rise and slowly drain down to the elevation of the control structure. The water level is controlled by a 36-inch diameter concrete outlet control structure located near the southeast corner of the wet basin. A 12” diameter HDPE pipe extending from the control structure will connect to an inlet located near the northwest corner of Janesville Road and Collage Drive Intersection (see Figure 1). On the face of the control structure a 3” diameter opening is to be cored (orifice) with trash rack installed on it at elevation 832.0, and a 3” diameter opening is to be cored (orifice) with trash rack installed at elevation 834.75. These orifices will control the water level and causes the pond to temporarily rise during runoff events. Washed stone (1-2” diameter) should be placed in front of the lowest orifice to assist in preventing clogging. High flows may enter the grated concrete riser or flow over the rock lined emergency spillway. “As-built” construction drawings of the basin, showing actual dimensions, elevations, outlet structures, etc. will be recorded as an addendum(s) to this agreement within 60 days after Waukesha County accepts verification of construction from the project engineer. Minimum Maintenance Requirements: To ensure the proper long-term function of the storm water management practices described above, the following activities must be completed: 1. All outlet pipes must be checked monthly to ensure there is no blockage from floating debris or ice, especially the washed stone in front of the 6-inch orifice and the trash rack on the riser in the main basin. Any blockage must be removed immediately. The washed stone must be replaced when it becomes clogged. 2. Grass swales shall be preserved to allow free flowing of surface runoff in accordance with approved grading plans. No buildings or other structures are allowed in these areas. No grading or filling is allowed that may interrupt flows in any way. 3. Grass swales, inlets and outlets must be checked after heavy rains (minimum of annually) for signs of erosion. Any eroding areas must be repaired immediately to prevent premature sediment build-up in the downstream forebays or basin. Erosion matting is recommended for repairing grassed areas. 4. NO trees are to be planted or allowed to grow on the earthen berms. Tree root systems can reduce soil compaction and cause berm failure. The berms must be inspected annually and any woody vegetation removed. 5. Invasive plant and animal species shall be managed in compliance with Wisconsin Administrative Code Chapter NR 40. This may require eradication of invasive species in some cases. 6. If the permanent pool falls below the safety shelf, a review shall be performed to determine whether the cause is liner leakage or an insufficient water budget. If the cause is leakage, the liner shall be repaired. Leakage due to muskrat burrows may require removal of the animals, repair of the liner with clay, and 119.0620.30 Page 6 of 6   embedding wire mesh in the liner to deter further burrowing. If the permanent pool cannot be sustained at the design elevation, benching of the safety shelf may be necessary. 7. If floating algae or weed growth becomes a nuisance (decay odors, etc.), it must be removed from the basin or the forebay and deposited where it cannot drain back into the basin. Removal of the vegetation from the water reduces regrowth the following season (by harvesting the nutrients). Wetland vegetation must be maintained along the waters edge for safety and pollutant removal purposes. 8. If mosquitoes become a nuisance, the use of mosquito larvicide containing naturally-occurring Bti soil bacteria is recommended. 9. When sediment in the basin has accumulated to an elevation of three feet below the outlet elevation, it must be removed. All removed sediment must be placed in an appropriate upland disposal site and stabilized (grass cover) to prevent sediment from washing back into the basin. The forebays will likely need sediment removal first. Failure to remove sediment from the forebays will cause resuspension of previously trapped sediments and increase downstream deposition. 10. No grading or filling of the basin or berm other than for sediment removal is allowed, unless otherwise approved by the City of Muskego. 11. Periodic mowing of the grass swales will encourage vigorous grass cover and allow better inspections for erosion. Waiting until after August 1 will avoid disturbing nesting wildlife. Mowing around the basin or the forebays may attract nuisance populations of geese to the property and is not necessary or recommended. 12. Any other repair or maintenance needed to ensure the continued function of the storm water practices or as ordered by the City of Muskego under the provisions listed on page 1 of this Agreement. 13. Aerators/Fountains – If an aerator or fountain is desired for visual and other aesthetic effects (aerators designed to mix the contents of the pond are prohibited) they must meet all of the items below: i. Use an aerator/fountain that does not have a depth of influence that extends into the sediment storage depth (i.e. more than three feet below the normal water surface). ii. If the water surface drops due to drought or leakage, the aerator / fountain may not be operated until the water rises enough for the depth of influence to be above the sediment storage layer. Therefore, if the depth of influence of the aerator / fountain is two feet, the water surface must be within one foot or less of the lowest pond outlet. iii. Provide an automatic shut-off of the aerator/fountain as the pond starts to rise during a storm event. The aerator/fountain must remain off while the pond depth returns to the permanent pool elevation and, further, shall remain off for an additional 48 hours, as required for the design micron particle size to settle to below the draw depth of the pump. iv. Configure the pump intake to draw water primarily from a horizontal plane so as to minimize the creation of a circulatory pattern from bottom to top throughout the pond. 14. The inlets with the BMP Inc. Snouts shall be inspected at least semi-annually. Check for the accumulation of floatables, sediment, and any oil and grease accumulation. The sediment shall be removed once the depth has reached 18” in the sump. Oil and grease as well as floatables shall be removed once a year by use a vacuum truck. 15. The trench drain, inlets and catch basins shall be inspected at least semi-annually. Check for the accumulation of debris and sediment accumulation. The sediment shall be removed once the depth has reached 3” in the basin. Check yearly for any settlement of the facilities. Contact engineer if settlement appears excessive or impedes the flow of water into the facility.