HomeMy WebLinkAboutWolf Run Park Planned Unit Development (PUD) 202401423 MISC $25.00
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01/22/2024 09:36:52A 6 PGS
Steve Gill
Clark County Recorder IN
Recorded as Presented
III IIII1IIIIIIIIIIIIIIIIII
COMMERCIAL/INDUSTRIAL DEVELOPMENT
STORMWATER LONG-TERM OPERATION AND MAINTENANCE AGREEMENT
File No: LTMA. 12.19.23 Parcel ID: 10-42-01-400-289.000-039
As accepted through SWQMP No:
Project Name:Wolf Run Park Planned Unit Development
Primary function or description of activities to be executed at the site:
Stormwater Pollution Prevention Plan - Post Construction Component:
Detention Basins and vegetative drainage ditches have been constructed.
Entity that will be responsible for operation and maintenance of the post-construction stormwater
measures: Wolf Run Park Homeowners Association
This AGREEMENT, made and entered into this v day of December, of the year 2023, by and
between DDM, LLC (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
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
Wolf Run Park Planned Unit Development Common Area, Plat Book 18, Page 7, as recorded by deed in
the land records of the County of Clark as Instrument Number: 201704182 (hereinafter called the
"Property").
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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 Jason m. Copperwaite, PE. Paul Primavera & Associates, a licensed
Professional Engineer, dated 6/24/22, 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) 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 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).
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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 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.
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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.
WITNESS the following signatures and seals:
City of Jeff r onville, Ind' a
By:
Steve Gill, Drainage Board Chair
STATE OF INDIANA
COUNTY OF
Before me, the undersigned, a Notary Public, in and for said County and State, this day of
December, 2023 personally appeared Steve Gill, Drainage Board Chair, who acknowledged the
same to be his voluntary act and deed,for the uses and purposes herein mentioned.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal.
Notary Public
Printed: Sc,10t:rat Cori,;„
County of Residence: C. \c.r 1�
My Commission Expires: 't ,,y-t �&i 7 03 L
My Commission Number: At 0 31-17
SABRINA CORBIN
IFFY•P�'e�'%Notary Public, State of Indiana
Clark County
SEAL
*'.• *; Commission Number NP0743347
August
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,2030
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Reviewed and approvdd
V
By:
Mike Moore, Sewer Board Presiders
STATE OF INDIANA )
COUNTY OF
Before me, the undersigned, a Notary Public, in and for said County and State, this day of
December, 2023 personally appeared Mike Moore, Sewer Board President, who acknowledged the
same to be his voluntary act and deed,for the uses and purposes herein mentioned.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal.
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SealPrinted: ..,errs �7'./t/�/
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County of Residence ,e Expiray 9,2026My Commission Expires:NP0719 My Commission Number: f o /'3��`?
Owner of Property
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By
Owner,as Described on Page 1 of the Document
STATE OF INDIANA )
COUNTY OFp„ )
Before me, the undersigned, a Notary Public, in and for said County and State, this-V- day of
December, 2023 personally appeared (\Ai , who
acknowledged the same to be his voluntary act and deed,for the uses and purposes herein mentioned.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal.
NpT NRY #720
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Page 5 of 6
This instrument prepared by:
"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." Si E. u.)cr
Person's name presenting for recording
Drainage-6earel l+errteq Signature
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