HomeMy WebLinkAboutIdemitsu Lubricants America 202320926 MISC $25.00
11/15/2023 11:31:00A 9 PGS
Steve Gill
Clark County Recorder IN
Recorded as Presented
APPENDIX C II II 11 11,111111 IIII IIII II II
COMMERCIAL/INDUSTRIAL DEVELOPMENT
STORMWATER LONG-TERM OPERATION AND MAINTENANCE AGREEMENT
File No.: 12324 Parcel ID.:10-42-00-0600-149.000-39
As accepted through SWQMP No.:
Project Name: Idemitsu Lubricants America
Primary function or description of activities to be executed at the site:
X Site development, including grading, drainage, stormwater, paving and the addition of a
105,000 sq. ft. warehouse and an addition to the existing office.
This AGREEMENT, made and entered into this 23th day of July , of the year 2012, by
and between Idemitsu Lubricants America (hereinafter called the "OWNER") and the City
of Jeffersonville, Indiana.
WITNESS, that
WHEREAS, Ordinance No. 2005-OR-65, was adopted November 7,2005 by the City of
Jeffersonville, effective 1/1/2006, 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 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 Gt 6 — 30 ac (see attached deed) as recorded by deed
in the land records of the City of Jeffersonville, in File Number 12323 hereinafter called
the "Property").
WHEREAS, the OWNER is proceeding to build on, develop or redevelop the property.
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WHEREAS, the Stormwater Pollution Prevention Plan (SWPPP) and Long-Term Operation
and Maintenance Plan, sealed by Thomas F. Harper, III, a licensed Professional Engineer,
dated 09/28/11, on file, the City of Jeffersonville, which is expressly made a part hereof, as
approved or to be approved by the City of Jeffersonville, provides 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) and Long-Term Operation and
Maintenance Plan be adequately designed, constructed, installed, operated and maintained
by the OWNER.
WHEREAS, an approved Stormwater Pollution Prevention Plan and Long-Term Operation
and Maintenance Plan will adequately illustrate the location type and extent of storm water
quality BMPs, minimum inspection 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 conditions, 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.
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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 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 is 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, accidents, 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.
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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 real property title documents for the 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.
WITNESS the following signatures and seals:
City of Jeffersonville, Indiana
By Q�' 0,,-tea c�-�J
Drainage Board, Ch9
ATTEST: EdCPrepared by:
Owner of Property,
By X
Owner, as described on age 1 of this document sal
SHARI B LAWLER
ATTES clan County
Ai My commission Expires
"1 January 7,2017
Prepared by: X
I, Shari $ • LOL1 e-r , a Notary Public in and for the City of
Jeffersonville and State aforesaid, whose commission expires on the l • day of
COW ay , of the year 20I , do certify that
`'f-cihnm 1 IA)crI S n-Ki c.-W 4c r p er whose names are
signed to the foregoing Agreement bearing date of the 23 day of J 0 I y , of the
year20 IZ , have acknowledged the same before me in my said City of Jeffersonville
and State aforesaid.
GIVEN under my hand this 25 day of J v I '/ , of the year Zo IZ.
N ary Public
"I affirm,under the penalties for perjury,
(STATE OF INDIANA ) that I have taken reasonable care to redact
(CITY OF JEFFERSONVILLE) each Social Security number in this
docume unles r�}ir by la ."
Name: (�/J
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' i ..l I. I• fit, I"' SUBJECT TO FINAL ACCEPTANCE -
FOR TRANSFER
OCT 1
LIMITED WARRANTY I)lED �� it-
AUDITORCIA COUNTY
THIS DOCUMENT.WFTNESSEIII, that the State of Indiana, by and through the
Indiana Port Commission, a body corporate and politic existing- nder the laws of the State of
Indiana, hereinafter called the "Grantor", whose mailing address is 150 West Market Street,
Suite 603, Indianapolis, Indiana 46204, BARGAINS, SELLS AND CONVEYS to Apollo
America Corporation, a Delaware corporation, hereinafter called the "Grantee", whose -
mailing address is 701 Port Road, Jeffersonville, Indiana 47130, for and in consideration of
the sum of Four Hundred Fifty Thousand and No/100 Dollars ($450,000) and other valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the unimproved
real estate located at the Clark Maritime Centre in the City of Jeffersonville, Clark County,
Indiana described on Exhibit A attached hereto and made a part hereof(the "Property")
The conveyance of the Property is subject to all real estate taxes and assessments, all
easements, agreements, covenants, restrictions and other limitations of record and the
Property is subject to that certain Declaration of Restrictions for Clark Maritime Centre
issued by Grantor, as amended from time to time by Grantor (the Ylleclaration"), a current
copy of which can be obtained from the Grantor.
Grantor, for itself and its successors and assigns, covenants with Grantee, and its
successors and assigns, that the Property is free from all encumbrances made or suffered by it
except as aforesaid, and that it will, and that its successors and assigns shall, warrant and •
defend the same to the said Grantee and its successors and assigns against the lawful claims
and demands of all persons claiming by, through or under it, but against none other.
This Deed and the covenants and agreements herein contained, shall inure to and be
binding upon the parties hereto, their respective legal representatives, heirs, assigns, grantees,
transferees and successors and said covenants and agreements shall be binding upon and run
with the Property and the Declaration shall be binding upon and run with the Property.
Grantor hereby retains a right of first refusal in the event Grantee, its successors or
assigns, receives a bona fide offer (the "Offer")which Grantee is willing to accept from a third
party to purchase all or any part of the Property. Prior to accepting any such Offer, Grantee
shall provide Grantor with a true, complete, and correct copy of such Offer and shall notify
Grantor of its intentions to accept the same. Grantor shall have the right, within thirty (30)
days thereafter, to elect in writing whether or not it intends to accept or reject the terms of
such Offer. If Grantor elects to accept such Offer, Grantor shall be entitled to purchase the
Property or portion thereof on the terms and conditions specified in the Offer. If Grantor
shall not elect within such thirty (30) day period to accept the terms of the Offer, Grantee
may then sell the Property or portions thereof pursuant to such Offer to the proposed
purchaser. Grantor's right of first refusal shall terminate and shall be null and void upon the _
recording of the deed resulting from the Offer, provided, however, that if such deed was not
signed in accordance therewith or if such Offer does not close, Grantor's right of first refusal
shall remain in effect. Grantor's right of first refusal shall remain in effect as to any portion
of the Property not included within the Offer.
In the event Grantee fails, within one (1) yeat from the date of execution hereof, to
begin in good faith the construction of its main building (designated as such on plans and
specifications filed with the Grantor) on the Property, Grantor retains the right to repurchase
the Property from Grantee. Such right to repurchase must be exercised by written notice to
Grantee from Grantor, filed of record in the real property records of Clark County, Indiana,
within eighteen (18) months from the date hereof and by closing of such repurchase within
ninety (90) days after receipt of such notice_ In the event such notice is not filed within such
eighteen (18) month period, or the Grantor is unable to close such repurchase within ninety
•
• (90) days after the receipt of such notice, the provisions of this paragraph, and the repurchase
rights granted herein, shall terminate and cease and shall be of no further force or effect,
automatically and without any further action being required of Grantor or Grantee. The •
purchase price for said repurchase shall be the purchase price paid by Grantee to Grantor for
Grantee's purchase of the Property from Grantor. Grantee shall be liable to Grantor for all
costs and expenses incurred by Grantor in returning the Property to its condition on the date
hereof.
iN
Execlted on this the /G day of September, 1991.
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�`� .`: C'Q -'•. INDI A PORT COMMISSION
?.
R. Louie Gonzal z, Cha' m
Ifrtid4.)S
Arthur D. Hopkins, retary-Treasurer
APOLLO AMERICA "ORPORATION
By: i./a /7
dahiro Hasegawa esident
Approved as to form and legality
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irk-day of September, 1991ilL
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For inley E. Pearson
Attorney General of Indiana . . >4 - £'
ATfE : zi./74e_ Z"-- -•- . .s-irgo.., . -
J eph I . Hogsett •
4 "�" I. ,j '
ecretary of State .Ry �,
Date: September a 5—, 1991 ii �" "+c.
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APPROVED: . tT
e.
The Honorable Evan Bayh
Governor of the State of Indiana
Date: September Z . 1991
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STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before ale a Notary Public in and for said county and state on this day personally appeared R. Louie Gonzalez, Chairman of the Indiana Port Commission and Arthur D.
. Hopkins, Secretary-Treasurer of the Indiana Port Commission, who acknowledged execution r'.
of this Limited Warranty Deed in such capacities acting for and on behalf of Grantor- •
.
Witness my hand and Notarial Seal this /6 f day of September, 1991.
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(printed name) ' _ �
My Commission Expires: My Residence is:7-
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STATE OF INDIANA )
) SS:
COUNTY OF M6 )
•
• Before me a Notary Public in and for said county and state on this day personally
appeared Tadahiro Hasegawa, the President of Apollo America Corporation, who
acknowledged execution of this Limited Warranty Deed in such capacity acting for and on
behalf of Grantee.
Witness my hand and Notarial Seal this /0 day of September, 1991.
Qil , ►z!e�1Gt/
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(printed name) . .
My Commission Expires: My Residence is:
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51 /Yr1�
-� County, Indiana
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ISI'A•i7: OFINDIANA ) \‘
SS: OAT JU(.ittelyrl
COUNTY OF �. 14Q":tY ) Si
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INS:. -.h-123244
f+ALPH C S EMEM
Before me, a Notary Public in and for said ('ounty and Iftftlittik.F4Alllpicppeared
Joseph II. Ilogsett, Secretary of State, and acknowledged the execution of the foregoing
Limited Warranty Deed.
Witness my hand and Notarial Seal thispibday of September, 199E
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KeNotify Piiblii: • -E I
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(printed name)
My Commission Expires:la- My Residence is:
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STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and Sate, personally-appeared the
Hoar. Evan I3ayh, Governor of the State of Indiana, and acknowledged the execution of the
foregoing Limited Warranty Deed.
Witness my hand and Notarial Seal this )%3 day of September, I991.
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• - I�'otary Public
My Residence
(printed name)
114y{:e amis•s ion Expires: is:
y .9� MO/2 Nn County, Indiana
Received for Filing:
Date:
State Land Office
This instrument was prepared by Mark D. Grant, ICE MILLER DONADIO & RYAN, One
American Square, Box 82001, Indianapolis, Indiana 46282-0002; Telephone: (317) 236-
2479-
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DESCRIPTION OF A 30.00 ACRE PARCEL TRACT I
FOR CLARK MARITIME CENTRE
A part of Survey No. 6 of the Illinois Grant of Clark •
County, Indiana, being a part of the same tracts conveyed to the
State of Indiana to Deed Drawer 6, Instrument No. 3144 and Deed
Drawer 14, Instrument No. 7253 and bounded as follows:
Commencing at a brass-capped stone monument in the southeast
line of Survey No. 14 which marks the north corner of Survey No.
6, thence the following courses:
South 54 deg. 18 min. 32 sec. West, 1179.56 feet with the north-
west line of said Survey No. 6 to a point in the west right-
of-way of the Clark Maritime Centre Access Road;
South 35 deg. 36 min. 31 sec. East, 1201 .89 feet with said right-
of-way to an iron pin; thence with a curve to the left
having a 2889. 79 foot radius, whose central chord bears •
South 42 deg. 55 min. 22 sec. East, 735.76 feet to an iron pin;
South 50 deg. 12 min. 28 sec. East, 718.23 feet with said right-
of-way to a point which is 135 feet north of the centerline
of Utica Pike;
South 39 deg. 45 min. 48 sec, West, 25.00 feet to an iron pin set
in concrete, which is the true place of beginning.
Thence the following courses of the boundary:
South 39 deg. 45 min. 48 sec. West, 853.56 feet to an iron pin set
in concrete;
South 72 deg. 50 min. 09 sec. West, 768.06 feet, passing an iron
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pin set in concrete at 404.74 feet, to an iron pin;
North 33 deg. 15 min. 30 sec. East, 296.21 feet to an iron pin;
North 14 deg. 58 min. 52 sec. West, 168.85 feet to an iron pin;
North 50 deg. 12 min. 28 sec. West, 573.63 feet to an iron pin;
North 39 deg. 47 min. 32 sec. East, 1081 .55 feet to an iron pin;
South 47 deg. 36 min. 19 sec. East, 305. 55 feet to an iron pin;
South 52 deg. 38 min. 52 sec. East, 323.03 feet to an iron pin;
South 53 deg. 44 min. 35 sec. East, 393.80 feet to an iron pin;
South 50 deg. 12 min. 28 sec. East, 142.61 feet, to the true place
of beginning and containing 30.000 acres of land.
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EXHIBIT A