HomeMy WebLinkAboutChic-Fill-A h 202314074 MI SC $25.00
07/24/2023 12:23:21P 7 PGS
A Steve Gill
Clark County Recorder IN
Recorded as Presented
II III II 111111 MI 111110 II
COMMERCIAL/INDUSTRIAL DEVELOPMENT
STORMWATER LONG-TERM OPERATION AND MAINTENANCE AGREEMENT
File No.: Parcel ID.:
As accepted through SWQMP No.:
Project Name: Chick-fil-A #4264 Jeffersonville
Primary function or description of activities to be executed at the site:
Storm sewer pipe and structures to drain the Chick-fil-A site to the Jefferson Commons storm
sewer.
This AGREEMENT, made and entered into this day of , of the year , by
and between Chick-fil-A, Inc., a Georgia corporation (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 on Exhibit "A" attached hereto (hereinafter called the "Property").
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 John E. Walsh, a licensed Professional Engineer, dated
March 28, 2019, 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. Notwithstanding the foregoing, in the event the Property is
redeveloped by OWNER, its successors or assigns, the OWNER and the City of
Jeffersonville shall enter into an amendment to this document, or a new agreement to
reflect any storm water changes arising as a result of such redevelopment.
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, following thirty (30) day notice to
OWNER of such failure and provided OWNER does not remedy such deficiencies within
such thirty (30) day period, 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 yrtnville, Ind a
By jikti
Drainage Board, Chair
ATTEST:
I, G fi\No. (or 61 n , a Notary Public in and for the City of
effersonville and State aforesaid, whose commission expires on the 2y day of
of the year Zo3o , do certify that
S+C 11( C2•``‘ whose names are
signed to the foregoing Agreement bearing date of the 5 day of .T...1 y , of the
year Z otj , have acknowledged the same before me in my said City of Jeffersonville
and State aforesaid.
GIV and yh d t is day of 5A I1 , of the year t- .
0""""",/, SABRINA CORBIN
otary Public .oP ••U•* Notary Public,State of Indiana
r.ZiSEAL "s' Clark County
i* ;* Commission Number NP0743347
iistko My Commission Exp
August 29,2030irea
Prepared by: ddlligwy/�
Owner of Property, [�
By: �(AJ' �-
i c i (mot. 1 1--.X
CHICK-FIL-A, INC., a Georgia corporation
Owner, as Described on Page 1 of the Document
ATTEST:
IqI 1SurY f<,I L C-°''`h Aelt}ICAC—
I, , a Notary Public in and for the Cry of
Jeffersee- and Sta , whose commission expires on the �2'� day of
of° the year 2oaa-, do certify that
Sid r-rah F(tas(' i' SvJof hi t r + whose names are
signed to the foregoing Agreement bearing date of the Hit it day of ( , of the
year atil g , have acknowledged the same before me in my said 644y-of Ville
and State �au,r,-3 �7w
i� I J
G EN under my hand this I I} "day of IA.3 , of the yearcahll .
ALISON KELLEY
NOTARY PUBLIC
Notary PublicStateCoweta eorgia
My Comm.Expires May 22,2022
"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 (��1 6-C Se-C- an 41)ll6
EXHIBIT "A"
Legal Description of Property
All that tract or parcel of land lying and being in Clark County, Indiana, and being Tract 9C on
the Minor Plat of Tracts 9B and 9C, as recorded on May 23, 2019 as Instrument No.
201909153 in the Recorder's Office for Clark County, Indiana.
GBC DESIGN,INC. Transmittal
565 White Pond Drive • Akron,OH 44320-1123 • Phone 330-836-0228 • Fax 330-836-5782 • www.GBCdesign.com
To: City of Jeffersonville Date 7/17/2019 Job No. 50341A
500 Quartermaster Court Re: Chick-fil-A#4264 Jeffersonville
Jeffersonville,IN 47130
Matt Bell,Stormwater Coordinator
We are sending you the attached following items via:DUPS ZStandarduPriority OUS Mail ODeliverOPickup ❑Email
El Prints Specifications Shop Dwgs 0 Samples Change Order El Disks Other
QUANTITY DESCRIPTION
1 Stormwater Long-Term Operation and Maintenance Agreement(signed¬arized)
THESE ARE TRANSMITTED as checked below:
IZFor approval 0 No exceptions taken ❑Submit specified item
['For your use El Make corrections noted 0 Reviewed—see attached
ElAs requested 0 Revise and resubmit ORejected
For review and comment EI Other:
REMARKS:
Signed: Allan Wiley,P.E.
c:File