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Home My WebLink AboutStorage Express 202314078 MISC $25.00 2023 12:23:21P 10 PGS Steve Steve Gill Clark County Recorder IN Recorded as Presented IIIII I I IIII I I III IIIII IIIII IIIII IIIIIIIIII IIIII IIIII IIIII IIIII IIII IIII COMMERCIAL/INDUSTRIAL DEVELOPMENT STORMWATER LONG-TERM OPERATION AND MAINTENANCE AGREEMENT File No.: Parcel ID.: As accepted through SWAMP No.: Project Name. 5T 0 M&E E X PRE 5 5 TV-ID VV 2 5 IDS 57 rE EE lA) '17130 Primary function or description of activities to be executed at the site. rH2.E_E ADS?ITIDNAC N,AJI- SrDEA-GE iWiT5 ,44)D /- DET A17-101\1 l5ASI Ni An TO BE cON.5T120CTED, E Dr-rYkiTinN TAsI N /y 70 P2DvinP 5ra1 1 Di1ATF17 czA/n2oL Ao/2_ 714F NEW oNS7PI]G77d-() nA0L`1 This AGREEMENT, made and entered into this 5th day of January, of the year 2016, by and between Storage Express Holdings, LLC (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 /,U 5-r .' 2605 oo2 /93 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) and Long-Term Operation and Maintenance Plan, sealed by NA-11-1AN R. 6-0 ME5 , a licensed Professional Engineer, dated ni-b8-/4, 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 and/or forms of pollution from the, storm quality best management �,ao,1, pollutant forms�is piguucill from� the water yva �y u�.,a. practices. NOW TI-HCRCFORG In consideration of the foregoing premises, the mutual covenants contained herein, and the following terms 'and conditions, the parties hereto agree as fo ltnYYas: i. The onsite storm water quality best management practices shall be col isii ucted 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. A 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 Je r nville, Indi By ,t ( Drainage Board, Chair ATTEST: • • I, G f►�nc (br 'A a rota* Publicfor the+.i U,i•,., in and iI to City of AJeffersonville and State aforesaid. whose commission expires on the 79 day of vyu of the year Zo 30 , do certify that S±e lie_ (9' kk whose names are signed to the foregoing Agreement bearing date of the 5 day of I y , of the year wZS have acknowledged the same before me in my said City of Jeffersonville and State aforesaid. GIV an[�-r my hand this S day of �_ �Y of thA ,Aa,2°7- v D „m11//q;, SABRIr,1w nnnni.I •�✓��-�y'`xc ;.�?PY PNotary Public St a ofDlndianar otary Public = SEAL'n- Clark County # #; Commission Number NP0743347 /poi. • �` My Commission Expires ''rpnpil"` August 29,2030 Prepared by: Owne• of Pr..erty, LByx � /,.MG MA 016Nt7Et7 Own.. _ Described on Page 1 of the Document ATTES Z-/ 1, Qua / -7(4i'tet- , a Notary Public in aci94 for the County of Monroe and State aforesaid, whose commission expires on the- day of.J?i uary of the year 20/60 do certify that - -a(-2t SIi✓e-ve 6,41 Na-taf,� 4,oke,' whose names are signed to the foregoing Agreement bearing date of the S- day of jail,a,,,, , of the year 20[0 , have acknowledged the same before me in my said City of Jeffersonville and State aforesaid. GIVEN under my hand this -._ day of Janv�r1/, of the year 20/6 • J-I,t a 1/, F,--/--- Notary Public •'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 ,k, i/6-t, ZLP/L, "M DENA K.FORTNER Monroe County ; . , My Commission Expires "•a :... January 15,2016