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1 of 4 12-07-2010 STORM WATER MANAGEMENT SYSTEM MAINTENANCE AGREEMENT THIS AGREEMENT (“Agreement”), entered into this day of by and between [name of DEVELOPER OWNER] (the "Owner"), and CITY OF MIDDLETON, a Wisconsin Municipal Corporation (the "City"), collectively, the “Parties”. RECITALS A. The Owner is [specify whether developing/redeveloping] certain real property located in the City of Middleton legally described in paragraph 2 herein (the “Property”). B. The Parties desire to set forth their obligations for the maintenance of certain storm water management improvements on the Property. NOW THEREFORE, in consideration of the mutual covenants herein set forth and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows. Recording area (Dane Co. Register of Deeds) Send To: City Clerk City of Middleton 7426 Hubbard Ave Middleton, WI 53562 Parcel Identification Number 1. Sole Agreement. This agreement is the sole applicable agreement pertaining to storm water management for the described Property. [Include following statement only as applicable.] This agreement shall supersede in its entirety the previous agreement for this Property, recorded at the Dane County Register of Deeds, Document number , dated 2. Site Legal Description. The Property subject to this agreement is legally described as follows: [provide description… e.g. Acme Acres Plat, Lots through , ] City of Middleton, Dane County, Wisconsin, commonly known as [provide common name of property if applicable, subdivision, development ] located at [current street address, if applicable] , the “Site.” 3. Responsible Party. a. CONSTRUCTION PHASE MAINTENANCE. The Owner is responsible for satisfying the provisions of this agreement throughout the Property for the duration of the construction and warranty period. b. POST-CONSTRUCTION PERPETUAL MAINTENANCE. Upon completion of all construction phases and expiration of the warranty period, the [City, Developer, Owner, Homeowners’ Assoc., other ] shall assume responsibility for maintaining the storm water management system in perpetuity. 4. Permanent Components Of The Storm Water Management System. a. The storm water management system for the property consists of the following management practices or components: [ Provide description and quantity for each type of proposed storm water control. Examples of possible controls: + Curb inlet sumps or filters + Manholes + Storm water drainage ways and swales + Infiltration areas + Gabions + Storm water dry detention ponds + Bioswales + Rain gardens + Storm water wet detention ponds + BioRetention Structures + Stormceptor + Detention pond outfall control structures ---PAGE BREAK--- 2 of 4 12-07-2010 (Attach Exhibits as appropriate to depict locations of controls. A typical description might include a bulleted list using language such as: 215 feet of storm sewer; rip-rap at the northwest and easterly outfalls; six inlets with filters in the south parking lot; grassy bioswales along the east and south property lines; . . . ; etc.) ] b. The drainage areas served by the storm water management practices components on this site [includes… / is described as… ] (For example: "The drainage areas served by the storm water management practices includes all of Lots XX and YY and approximately the northeasterly one-third of Lot ZZ." OR "The drainage areas served by the storm water management practices includes the entire roof area of the building on Lot XX and the southerly and westerly parking and paved areas of Lot XX.") 5. Inspection And Maintenance Schedule. a. All components of the storm water management system shall be inspected by the Responsible Party: - at least semiannually in early Spring and early Autumn; and - within 72 hours following any major storm or flood event of sufficient intensity or duration to pose significant risk of damage to the system. b. The following components shall be inspected by the Responsible Party more frequently as follows: [ Specify additional inspections/repairs for any components that require more frequent maintenance, per manufacturer’s recommendations, Code or Ordinance requirements, or industry standards, as applicable. ] [NOTE: For surface water retained in infiltration and bioretention practices, use maximum drawdown time of 24 hours following cessation of rainfall as the standard test for failure. Provide a means to monitor the subsurface water elevations and specify a subsurface drawdown time applicable to the feature’s design and consistent with Dane County design standards.] c. The Responsible Party shall make the appropriate repairs whenever the performance of a storm water management practice or component is compromised due to sediment or debris. 6. Regulations. a. Mowing in buffer areas, pond banks and drainage ways shall be minimized to the greatest extent possible in order to maximize filtration of runoff. If occasional mowing is necessary, the mowing height shall be no shorter than six inches. b. Applications of fertilizers, herbicides, pesticide or other chemical applications are prohibited in buffer areas, on pond banks and along drainage ways, unless specifically authorized by the City Engineer on an individual event basis, and provided that the application is performed by professional personnel certified for that purpose. c. Snow shall not be dumped directly onto conditioned planting beds designed for infiltration or for bioretention, or on sites designated as buffer areas. 7. Maintenance Of Inspection Records. a. The Owner shall maintain records of the results of all site inspections and any enforcement actions, correction actions or other documented contacts and any follow-up actions taken by or at the direction of Owner or Responsible Party for seven years after such action. b. The City Engineer shall maintain public records of the results of all City inspections of the site, shall inform the Owner of the inspection results, and shall indicate any specific corrective actions required to bring the storm water management practice or component into accordance with this Agreement. 8. Default by Responsible Party. In the event that the City determines that Responsible Party has failed to comply with any of the responsibilities as set forth in this Agreement, the City shall give written notice to Owner identifying any said default and requiring compliance within five working days of receipt of the notice or such longer period of ---PAGE BREAK--- 3 of 4 12-07-2010 time as specified by the City in the notice. In the event Owner fails to complete any actions required to remedy the default within said five day period, unless extended by the City in writing, Owner consents that City may enter the property on which private storm water management systems and practices are located, correct the default and charge the cost of such corrective action to Owner. If Owner fails to pay for said costs of corrective action then City shall be entitled to place the cost of the corrective action on the tax roll for the Owner’s property as a special charge pursuant to Wis. Stats. § 66.0627. 9. Severability. All provisions of this Agreement are severable, and if any one or more provision is deemed unenforceable for any reason, the remaining provisions shall remain in full force and effect. 10. Binding Agreement. All provisions of this Agreement, including the benefits and burdens hereunder, run with the property and are binding upon and inure to the benefit of the parties hereto and their successors and assigns. 11. Amendment; Termination. This Agreement may be amended or terminated by a document signed by the Owner and the City. 12. Requirement to Record. This Agreement and any subsequent amendments thereto shall be recorded at the Dane County Register of Deeds. 13. Governing Law. This Agreement at all times shall be enforced in accordance with the laws of the State of Wisconsin. 14. Assignment. A Responsible Party’s obligations may not be assigned to another party without the prior written consent of City except that such consent is not required when a Responsible Party as property owner transfers fee simple title to a buyer who will assume the maintenance responsibilities of the owner / responsible party. 15. Notices. All notices to be given under the terms of this Agreement shall be in writing and signed by the person serving the notice and shall be sent registered or certified mail, return receipt requested, postage prepaid, or hand delivered to the addresses of the parties listed below: FOR THE CITY: FOR THE OWNER: City of Middleton [name of Owner] 7426 Hubbard Ave. ATTN: [name of Contact] Middleton, WI 53562 [address of Responsible Party] [PHONE REDACTED] [City, State, Zip] [Phone number] ---PAGE BREAK--- 4 of 4 12-07-2010 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. FOR THE OWNER: By: Name: Title: Date: STATE OF WISCONSIN ) ) ss. COUNTY OF ) Personally came before me this day of , 20__, the above-named to me known to be the person who executed the foregoing and acknowledged the same. Notary Public, State of Wisconsin My Commission: CITY OF MIDDLETON By: By: Name: Kurt J. Sonnentag Name: Lorie J. Burns Title: Mayor Title: City Clerk . Date: Date: