HomeMy WebLinkAboutKort Physical Therapy 202320925 MISC $25.00
11/15/2023 11:31:00A 6 PGS
Steve Gill
Clark County Recorder IN
Recorded as Presented
IIIIIIII II II
COMMERCIAL/INDUSTRIAL DEVELOPMENT
STORMWATER LONG-TERM OPERATION AND MAINTENANCE AGREEMENT
File No: LTMA.Kort 10.24.23 Parcel ID: 10-19-02-201-299000-009
As accepted through SWAMP No: PW23-0020
Project Name:_Kort Physical Therapy,3451-3457 E 10th St.Jeffersonville, IN 47130
Primary function or description of activities to be executed at the site:
Commercial/Retail building with detention basin on 6.42 acres
Stormwater Pollution Prevention Plan - Post Construction Component
(Section C)
Cl - Description of pollutants and their sources associated with the proposed land use:
Potential sources of pollutants post construction include trash from littering, pollutants
from vehicles (oil, gasoline, etc.), and fertiliers.
C2 - Description of proposed post-construction stormwater measures: Property owner will be
responsible for maintaining their own property, not allowing any pollutants into the
storm drainage system by utilizeing detention basin, catch basins, limiting use of the
fertilizers and pesticides, properly removing pet waste. All catch basins, including those
in the street shall be labeled "NO DUMPING — DRAINS TO RIVER"
C3— Plan details for each stormwater measures: See Construction Plans sheets 8 and 11.
C4 - Sequence describing stormwater measure implementation: A detention basin, catch
basin inserts with treatment medium in each catch basin and established permanent
vegetation will be used to control pollutants.
C5 - Maintenance guidelines for proposed post-construction stormwater measures: Owner
shall set regularly scheduled inspection of detention basin and catch basin inserts with
treatment medium per manufacturers recommendations or at least once a month and
clean/replace as needed. In addition owner shall have catch basin inserts with treatment
medium inspected after each on-half inch or greater storm event.
C6 - Entity that will be responsible for operation and maintenance of the post-construction
stormwater measures: Property Owner.
This AGREEMENT, made and entered into this 24th day of October, of the year 2023, by and between
First Breckinridge Bancshares Inc. (hereinafter called the "OWNER") and the City of Jeffersonville,
Indiana.
WITNESS,that
WHEREAS, Ordinance No. 2021-OR-14, was adopted April, 21, 2021, by the City of Jeffersonville
establishing requirements for storm water quality Best Management Practices(BMPs)and a Storm Water
Quality Management Permit (SWQMP) to manage the quality of storm water discharged from areas of
urban development and redevelopment.
WHEREAS, under said Ordinance, the City of Jeffersonville shall have the authority to inspect private
systems within the City of Jeffersonville and to order such corrective actions to said private storm water
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management systems as are necessary to maintain properly the storm water management systems within
the City of Jeffersonville.
WHEREAS, under said Ordinance it is provided that storm water quality BMPs not owned municipally must
be maintained by the property owner according to the terms of Long-Term Operation and Maintenance
Agreement that must be implemented before a SWQMP is approved.
WHEREAS, the City of Jeffersonville has adopted and approved technical guidelines relating to storm
water quality best management practices in the City of Jeffersonville.
WHEREAS, the owner is the legal title-holder of certain real property, more particularly described as:
Beginning at a steel pin next to a stone that marks the east corner of Lot 8 of Eastbrook
Estates (Plat Book 10, Page 11); Thence along the southern boundary of Jeffersonville
Commons, Section 1, North 53 degrees 51 minutes 58 seconds East, 235.14 feet to a steel
pin and cap; Thence continuing along said southern boundary, South 66 degrees 08 minutes
49 seconds East. 237.92 feet to a steel pin and cap on the western right—of—way line of
Tenth Street; Thence along said right—of—way line, 452.96 feet along a curve to the left
having a radius of 5200.97 feet and a chord which bears South 20 degrees 12 minutes 07
seconds West, 452.81 feet to a steel pin and cap; Thence continuing along said
right—of—way line, South 17 degrees 42 minutes 40 seconds West, 175.03 feet to a steel pin
and cap; Thence North 62 degrees 02 minutes 25 seconds West, 246.43 feet to a pinched
iron pipe; Thence South 55 degrees 24 minutes 09 seconds West, 88.98 feet to a steel pin
and cap; Thence partially along the northeast perimeter of Eastbrook Manor Subdivision,
Section 3 (Plat Book 10, Page 67), North 35 degrees 17 minutes 29 seconds West. passing
1/2" steel pins with caps at 166.46 feet and 173.15 feet, a total of 308.84 feet to a 1/2"
steel pin and cap on the north corner of Lot 314 In said Eastbrook Manor; Thence continuing
along said perimeter, North 35 degrees 17 minutes 42 seconds West, 32.54 feet to a iron
pipe next to a stone marking the south corner of Lot 10 of said Eastbrook Estates; Thence
along the southeast perimeter of said Eastbrook Estates, North 54 degrees 41 minutes 23
seconds East, 355.69 feet to the Point of Beginning.The above—described tract contains
6.005 acres, which is subject to all rights—of—ways and easements, whether of record or not.
as recorded by deed in the land records of the City of Jeffersonville, in Deed Book at Page
(hereinafter called the "Property").
WHEREAS,the OWNER is proceeding to build on, develop or redevelop the Property.
WHEREAS,the Stormwater Pollution Prevention Plan (SWPPP), sealed by Travis A. Brown, PE., a licensed
Professional Engineer, dated 10/20/23, on file, the City of Jeffersonville, which is expressly made part
hereof, as approved or to be approved by the City of Jeffersonville, provided for storm water quality
management within the confines of the Property.
WHEREAS,the City of Jeffersonville and the OWNER agree that the health, safety, and general welfare of
the residents of the City of Jeffersonville require that onsite storm water quality best management
practices be constructed, operated and maintained on the Property.
WHEREAS, the City of Jeffersonville requires that onsite storm water facilities in accordance with the
Stormwater Pollution Prevention Plan (SWPPP) be adequately designed, constructed, installed, operated
and maintained by the OWNER.
WHEREAS, an approved Stormwater Pollution Prevention Plan—Post Construction Component(Section C)
will adequately illustrate the location type and extent of storm water quality BMPs, minimum inspection
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procedures and schedule, minimum operation procedures and schedule, and anticipated minimum
maintenance activities including when and how to remove
accumulated/collected/filtered/amassed/grown excess vegetation, sediment, debris, trash, pollutant
and/or forms of pollution from the storm water quality best management practices.
NOW THEREFORE,
In consideration of the foregoing premises, the mutual covenants contained herein, and the following
terms and condition,the parties hereto agree as follows:
1. The onsite storm water quality best management practices shall be constructed by the OWNER in
accordance with the SWPPP and Long-Term Operation and Maintenance Plan.
2. The OWNER shall operate and maintain the storm water quality BMPS as directed by the Long-
Term Operation and Maintenance Plan in good working order acceptable to the City of
Jeffersonville for perpetuity.
3. The OWNER agrees that inspections will be performed by a Qualified Professional.
4. The OWNER agrees that inspections will be documented and include the following information:
a. A description of the current operational or functional status of the storm water quality
BMPs. For structures that accumulate sediment,trash,debris other pollutant or form of
pollution, an indication of used and remaining capacity(fraction, percentage, depth or
volume)shall be given to identify when the BMP must be cleaned out.
b. Identification of any necessary repairs,sediment/debris removal or replacement of all or
portions of the storm water system(s).
c. The results of any field or laboratory analyses performed.
d. Other relevant or unusual observations related to the system(s).
e. Action plan to prevent premature storm water system failure as consistent with the Long-
Term Operation and Maintenance Agreement(s) provisions.
f. Action plan to prevent the premature system failure that exceeds the Long-Term
Operation and Maintenance Agreement(s)provisions,but are necessary to prevent storm
water pollution from leaving the site.
5. The OWNER hereby grants permission to the City of Jeffersonville, its authorized agents and
employees to enter the property to inspect the storm water quality best management practices
whenever it deems necessary. Whenever possible, the City of Jeffersonville shall notify the
OWNER prior to entering the Property.
6. In the event the OWNER fails to maintain storm water quality best management practices in
accordance with the SWPPP and Long-Term Operation and Maintenance Plan in good working
order acceptable to the City of Jeffersonville,the City of Jeffersonville may enter the property and
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take whatever steps it deems necessary to repair or maintain said storm water quality best
management practices. This provision shall not be construed to allow the City of Jeffersonville to
erect any structure of a permanent nature on the land of the OWNER without first obtaining
written approval of the OWNER. It is expressly understood and agreed that the City of
Jeffersonville in under no obligation to maintain or repair said facilities, and in no event shall this
Agreement be construed to impose any such obligation on the City of Jeffersonville.
7. In the event the City of Jeffersonville, pursuant to this Agreement, performs work of any nature,
or expends any funds in performance of said work for labor,use of equipment,supplies,materials,
and the like, the OWNER shall reimburse the City of Jeffersonville upon demand, within ninety
(90) days of receipt thereof for all costs incurred by the City of Jeffersonville hereunder. In the
event,the OWNER does not reimburse the City of Jeffersonville within ninety(90)days of receipt;
the City of Jeffersonville may apply a lien upon the property for double the expense to the City of
Jeffersonville. In the event that the OWNER does not reimburse the City of Jeffersonville within
one year from the application of a lien upon the property then the City of Jeffersonville may take
other legal measures to recover costs, including associated legal costs, incurred by the City of
Jeffersonville.
8. It is the intent of this Agreement to guarantee the proper maintenance of onsite storm water
quality best management practices by the OWNER; provided, however,that this Agreement shall
not be deemed to create or affect any additional liability of any party for damage alleged to result
from or be caused by storm water management practices.
9. The OWNER, its executors, administrators, assigns, and any other successors in interest, shall
indemnify and hold the City of Jeffersonville and its agents and employees harmless for any and
all damages, accident,casualties,occurrences,or claims which might arise or be asserted against
the City of Jeffersonville from the construction, presence,existence,operation or maintenance of
the storm water quality best management practices by the OWNER or the City of Jeffersonville.
10. In the event a claim is asserted against the City of Jeffersonville, its agents, or employees for the
construction, presence, existence, operation or maintenance of the storm water quality best
management practices by the OWNER,the City of Jeffersonville shall notify the OWNER and the
OWNER shall defend at its own expense any suit based on such claim. If any judgment or claims
against the City of Jeffersonville, its agents, or employees shall be allowed,the OWNER shall pay
all costs and expenses in connection therewith.
11. This Agreement as attached by the SWPPP and Long-Term Operation and Maintenance Plan shall
be recorded among the land records of the City of Jeffersonville, and shall constitute a covenant
running with the land, and shall be binding on the OWNER, its administrators,executors, assigns,
heirs, and any other successors in interest.
12. This Agreement as attached by the SWPPP and Long-Term Operation and Maintenance Plan shall
be recorded among the real property title documents for said property, and shall constitute a
covenant running with the land,and shall be binding on the OWNER,its administrators,executors,
assigns, heirs, and any other successors in interest.
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[Signature pages follow.]
WITNESS the following signatures and seals:
City of Jeffersonville, Indiana
By: Steve Gill
Drainage Board, Chair
ATTEST:
Au Ificii
I, Sa 6 c i C\A (\orb,`r-N , a Notary Public in and f tr the City of Jeffersonville and
State of aforesaid, whose commission expires on the „2°I day of )--v15
44s—t of the
year 2 050,do certify that ,5-k-P ve G It whose names are signed to
the foregoing Agreement bearing date of the /Y day of N bye,,,.5r i , of the
year ZOO, have acknowledged the same before me in my said City of Jeffersonville and State aforesaid.
GIVEN under my hand this / 7 day of A/0 items ( ,of the year Z0? .
(i—d4-sli
o�"""""��, SABRINA CORBIN
..ct:t......'6 4 Notary Public,State of Indiana
' =' •SEAL ' Clerk County
z* * Commission Number NP07t33�7
Commission
Notary Public ''',0mil"o My August 29,2030rea
Prepared by: --C," g._‘,----1
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Owner of kr6per y
Byx
Owner, a s rib d on Page 1 of the Document
ATTEST:
I, P.M 4•(4 rn• ��C(Y1CS , a Notary Pttsalic in and for the City of Jeffersonville and
State of aforesaid, whose commission expires on the C311-- olay of L.l✓)&. of the
year ,do certify that 5m .S L t-\L.(1 • +(1 whose names are signed to
the foregoing Agreement bearing date of the oL day of , of the
years-&.$ 3, have acknowledged the samebefore me in my said City of Jeffersonville and State aforesaid.
GIVEN under my hand this �.`t''he'—day of O bA-4,- ,of the yea r -<.)a 3 .
PO/Y1L-Oei 01. ern
Notary Public
L`A nP - aQ5O9
"I affirm under the penalties for perjury, that I have taken reasonable care to redact each Social Security
number in this document, unless required by law."
Signature yivv.(2.5Lei 01. __1,of-v,0
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