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HomeMy WebLinkAboutWaffle House (2) 202314070 MISC $25.00 07/24/2023 12:23:21P 5 PGS Steve Gill Clark County Recorder IN Recorded as Presented IIIII I III II II II II IIII I IIII III II COMMERCIAL/INDUSTRIAL DEVELOPMENT STORMWATER LONG-TERM OPERATION AND MAINTENANCE AGREEMENT File No.: Parcel ID.: As accepted through SWQMP No.: Project Name: (,(//59FF/4- NovSt Primary function or description of activities to be executed at the site: o,J D F 4 lvi9FF/t hoPse Kes i<94)(e,‘/i This AGREEMENT, made and entered into this /8 day of ntiyasi , of the yearo?D/G, by and between ajfFF/E House, .tNG . (hereinafter called the "OWNER") and the City of Jeffersonville, Indiana. WITNESS, that WHEREAS, Ordinance No.2005-OR-65, was adopted November 21, 2005, 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 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 LorA/o %NRee(3)of THe ir1;.VoR PGA%vF!_e&JFia Vat,(at,es SVBDivsho#) P8/G P'S8 as recorded by deed in the land records of the City of Jeffersonville, in Deed Book at Page (hereinafter called the "Property"). .I•i'sTRune✓T No.,Zo/64,3 ?o(o WO 7/. 2/,G 477-4 eH4D HGRc To WHEREAS, the OWNER is proceeding to build on, develop or redevelop the property. WHEREAS, the Stormwater Pollution Prevention Plan (SWPPP) and Long-Term Operation and Maintenance Plan, sealed by .D, /i A Sniva S , a licensed Professional Engineer, dated d/106 , 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. 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. 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..Ale ersonvi , Indiana By . Drainage Board, Cha r ATTEST: I, S- C% lof'IAA CO r b,\I , a Notary Public in and for the City of Jeffersonville and State aforesaid, whose commission expires on the 24 day of of the year 2030 , do certify that fevt 6.fl whose names are signed to the foregoing Agreement bearing date of the 5 day of TI^iy , of the year Z013 , have acknowledged the same before me in my said City of Jeffersonville and State aforesaid. GIV i /�nddermy hand this 5 day of -3;11 2 , of the year Z°L� L.n-C Notary Public % SABRINA CORBIN ,1/4*' ';'e�-' Notary Public,State of Indiana 'i SEA L; — �:n_ Clark County * , t? Commission Number NP0743347 -:', 0,11' My Expires N00Augst 29,2030 Prepared by: C 4 Of JZ/ras©h d//`C • Owner of roperty, By x ve Owner, a esc ibed o age 1 of Document ATTEST: C u of G. , a Notary Public in and for the City-ef cleffecsarp.411.e and aforesaid, whose commission expires on the b day of Oe , of the year 2014- , do certify that brtJN-� M v�(t5 whose names are signed to the foregoing Agreement bearing date of the 18 day of Flub i s T , of the year Zu lb , have acknowledged the same before me in my said and Ste/tuts-aforesaid. Covr\r' of 6L.Artelei 6 GIVE under my hand this \1 / i S i , of the year 2-" I (°. £1 u _ : My Comm.Exp. : - • Oct.6,2017 Notary Public .• • A N ON CQV "I affirm, under the penalties for pent'` , that I have taken reasonable care to redact each Social Security number in this document, unless required by law." Signature 0-4/ ,Te_-F'-Fes-Son le