HomeMy WebLinkAboutEllingsworth Commons Section 5, Rock Hill Trail 202404894 MISC $25.00
02/27/2024 03:40:00P 6 PGS
Steve Gill
C� Clark County Recorder IN
Recorded as Presented
II II II II II I I I Ill I Hill II II
RESIDENTIAL DEVELOPMENT
STORM WATER LONG-TERM OPERATION AND MAINTENANCE AGREEMENT
File No: LTMA.Ellingsworth Commons 10.11.23 Parcel ID: _10-42-01-400-212.000-039
As accepted through SWQMP No: PW23-0030 10.19.23
Project Name: Ellingsworth Commons Section 5, Rock Hill Trail
Primary function or description of activities to be executed at the site:
86 lot residential subdivision on 30.7 acres
Stormwater Pollution Prevention Plan - Post Construction Component
(Section C)
C1 - Description of pollutants and their sources associated with the proposed land use
Post construction pollutants are expected to be pollutants consistent with that of a residential
area ( i.e., motor oil, gasoline spills, engine coolant, and other hydrocarbons, lawn chemicals,
detergent, and trash/litter).
C2 - Description of proposed post-construction stormwater measures
Pollution control of hydrocarbons and trash shall be provided with the use of a detention basin
and established vegetation at the project site. Pre-development peak 2-year, 10-year, and 100-year
discharge rates were reduced through the use of a detention basin. Pre-development and post-
development peak discharge rates are:
Pre-development Post-development
2-yr= 35 cfs 2-yr= 35 cfs
10-yr= 57 cfs 10-yr= 57 cfs
100-yr= 78.5 cfs 100-yr= 78.5 cfs
C3 — Plan details for each stormwater measures
The proposed post-construction stormwater measures include a retention basin (see sheet C-401)
and permanent vegetation. All stormwater discharge from the proposed subdivision will be
collected into this retention basin. Some proposed rear yard areas will also release post
construction stormwater which shall be controlled with established permanent vegetation.
C4 - Sequence describing stormwater measure implementation
A retention basin and established permanent vegetation will be used to control
pollutants.
C5 - Maintenance guidelines for proposed post-construction stormwater measures
After completion of construction, the property owner will be responsible to maintain the established
permanent
vegetation around perimeter of the site and within the stormwater basin. Promptly repair any small rills
that form. Add fertilizer and lime as needed to maintain healthy vegetation. Mow as needed but not
shorter than
four inches. Where vegetation has actively trapped sediment or other pollutants, remove and properly
dispose of the accumulated sediment/pollutants, regrade the area, and reseed when conditions are
favorable for vegetative establishment.
Page 1 of 6
C6 - Entity that will be responsible for operation and maintenance of the post-
construction
stormwater measures
Ellingsworth Commons Homeowners Association.
This AGREEMENT, made and entered into this 11th day of October, of the year 2023, by and between
Ellings Property Development LIc(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 Being
a part of Survey 14 of the Illinois Grant to Clark county,Jeffersonville Township,IN as recorded by deed
in the land records of the County of Clark, 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), sealed by David Blankenbeker, PE., a
licensed Professional Engineer, dated 5/31/23,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) be adequately designed, constructed, installed, operated
and maintained by the OWNER.
Page 2 of 6
WHEREAS, an approved Stormwater Pollution Prevention Plan—Post Construction Component(Section C)
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).
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.
Page 3 of 6
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.
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, /4
assigns, heirs, and any other successors in interest.
Page 4 of 6
[Signature pages follow.]
WITNESS the following signatures and seals:
City of Jeffersonville, Indiana
By:
Drainage Board,Chair
I, ‘We i / , a Notary Public in and for the City of Jeffersonville and
State of aforesa. , whose commission expires on the day of �vi2c of the
yearZ;,V ,do certify that /7/7) �t/7////r✓ whose names are signed to
the foregoing Agreement bearing date of the %3 day of ,G;;_broni- , of the
year ' , have acknowledged the same before me in my said City of Jeffersonville and State aforesaid.
GIVEN under my hand this / day of `�YUQry , of the year --- 126794.
Notary Public CHRISTY M O'NEIL
Seal
Notary Public-State of Indiana
Clark County
My Commission Expires May 9,2026
LIC#NP0713339
•
Reviewed and appro ed
By:
Mike Moore, Sewer Board President
I, (7Nei/ , a Notary Public in and forte City of Jeffersonville and
State of aforesaid'whose commission expires on the /- day of e / . ,-% of the
yearn? ,do certify that /72iif& /77ooee whose-rfames are signed to
the foregoing Agreement bearing date of the day of /-e6/7- /7-1 , of the
yearAiv2yt, have acknowledged the same before me in my said City of Jeffersonville andtate aforesaid.
27/
GIVEN under my hand this day of br" /'L/ ,of the year �n `71.
Notary Public
CHRIBTY M O'NEIL
Seal
Notary Public-State of Indiana
Page 5 of 6 Clark County
My CommissionIC#NP0713339y 9'2026
L
Owner of Prope
BY x
Owner,as D s ri n Page of the Document
ATTEST:
00y7,0, THERESA M TALLEY
.`'1P• •.GA/'%Notary Public, State of Indiana
SEAL "= Clark County
••, * Commission Number NP0621835
�'��/ryQ;;:0-,.- My Commission Expires
/� „1„,1��`‘ October 21,2026
!�4- /
/
I, � , a Notary Public in and for the City of Jeffersonville and
State of aforesaid, whose com fission expiresx the , 3 day of 1 rn t i'y of the
year .44 .1 ,do certify that �f�o' 'ei/'y /y'767 whose names are signed to
the foregoing Agreement bearing date of the .2.3 day of cria u 1 , of the
year,Z9.21, have acknowledged the same before me in my said City of Jeffersonville/and State aforesaid.
GIVEN un r my hand this -2-3 day of �(40 , of the year g-4P--1-11.
l Lap.#---71P\--C124?
Notary Public
This instrument prepared by:
P ck_r C e V� Tl ldeDrainage Board Attorney Signature
"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 C4L-44 ft:\72*-
Person's e presenting for recording
Page 6 of 6