HomeMy WebLinkAboutAmerica Place Phase IX Tract 16 A •
202412151 MISC $25.00
06/24/2024 01:54:19P 7 PGS
Steve Gill
Clark County Recorder IN
Recorded asIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
IIIIIIII II IIIIIIIII IIII\\ I
COMMERCIAL/INDUSTRIAL DEVELOPMENT
STORMWATER LONG-TERM OPERATION AND MAINTENANCE AGREEMENT
File No: 2024.4.22.AmericaPlacelnternation alDr t Parcel ID: 10-42-03-900-011.000-039
As accepted through SWQMP No: P W Zs"1, - 0 0 12--
Project Name: America Place Phase IX Tract 16A—International Dr. & Logistics Dr.
Primary function or description of activities to be executed at the site:
Storm Water Pollution Prevention Plan — Post Construction
Component (Section C)
Cl Description of pollutants and their sources associated with the proposed land use
The long-term pollutants expected from the proposed site ore those that relate to vehicle traffic, sown maintenance
and landscape vehicle use. The vehicular pollution sources are: leaking fuel, oil or fluids (broke & antifreeze), brake
dust, metals, rubber fragments and road grit, salts and sands. Lawn maintenance pollution sources include exposed soil,
leaves, mulch, trash, debris, fertilizers & pesticides. The typical pollution sources in a landscaping environment are;
trash, mulch, cleaning agents. chemicals, and the aforementioned vehicular pollution sources.
C2 Description of proposed post construction storm water quality measures (Include a written description of how these
measures will reduce discharge of expected pollutants)
All green spaces will be maintained with regular mowing and pruning during growing seasons. Stormwater inlet and
outlet structures shall be inspected regularly and kept free of debris. Detention basin will be regularly mowed, inspected
and kept free of debris and stabilized.
C.5 Plan details for each stormwater measures.
Permanent stormwater quality measures include seeding and stabilizing all disturbed areas. The owner will perform
regular maintenance with regular mowing and pruning during growing seasons of the lawn and detention basin, Pavement
will be kept clean of debris and rubbish.
C4 Sequence describing storm water quality measure implementation
All existing erosion control measures and monitoring of such, as shown on the plan, will not be removed until final
stabilization has occurred. Final stabilization of the site will be accomplished using permanent seeding and paving of al
open areas. The detention basin will be maintained by regular mowing and any debris removal as necessary.
C5 Description of maintenance guidelines for post construction storm water Quality measures
Maintenance of all stormwater pollution prevention measures will be the responsibility of the project owner utilizing
procedures outlined on these plans.The maintenance guidelines consist mostly of good housekeeping measures. Any
grassed or vegetated areas that experience erosion from rainfall events should be repaired and re-vegetated os soon
as possible Trash and litter should be picked up and properly disposed of to prevent it from getting into the storm
drainage system and waterways.
Erosion of steep banks, any berms, or any scales shall be addressed os soon as it becomes visible. Remediation shall
include filling the eroded area with suitable soil and re-establishing vegetation immediately, preferable by utilizing sod
Any pavement adjacent to the site should be monitored for sediment coming from vegetated/mulched areas. If
post-construction erosion is occurring, the source should be re-stabilized as soon as possible by seeding, sod, or
mulching.
C6 Entity that will be responsible for operation and maintenance of the post-construction stormwater measures.
Upon final completion of the project, maintenance of all stormwater pollution prevention measures will be the
responsibility of America Ploce.
This AGREEMENT, made and entered into this 22nd day of April, of the year 2024, by and between
Louisville Warehouse Company(hereinafter called the "OWNER") and the City of Jeffersonville, Indiana.
WITNESS,that
WHEREAS, Ordinance No. 2021-OR-14, was adopted April 20, 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
Legal Description of Project Site
That part of Survey Numbers 39 and 53 of the Illinois Grant. Clark County. Indiana. being
further deserted as follows;
Commencing at a steel pin with on aluminum cap on the southeast line of Survey Number 53,
which marks the north corner of Survey Number 39; Thence along the line dividing Survey
Numbers 39 and 53, South 55 degrees 04 minutes 31 seconds West. 925.835 feet to the True
Point of Beginning;
Thence South 56 degrees 50 minutes 00 seconds East, 1208.95 feet to a steel pin and cap;
Thence 64.29 feet along a curve to the right having a radius of 45.00 feet and a chord which
bears South 15 degrees 54 minutes 008 seconds East, 58.96 feet to a steel pin and cap;
Thence South 25 degrees 01 minutes 45 seconds West, 155.59 feet to a steel pin and cap:
Thence 259.43 feet along a curve to the left having a radius of 2050.00 and a chord which
bears South 21 degrees 24 minutes 13 seconds West, 259.26 feet: Thence South 17 degrees
46 minutes 41 seconds West, 1902.92 feet to a steel pin and cap; Thence 71.03 feet along a
curve to the right having a radius of 45.00 feet and a chord which bears South 62 degrees
59 minutes 56 seconds West, 63.88 feet to qa steel pin and cap; Thence North 71 degrees 46
minutes 48 seconds West, 510.38 feet to a steel pin and cap; Thence 1016.91 feet along a
curve to the right having a radius of 2849.85 feet and a chord which bears North 61 degrees
33 minutes 28 seconds West. 1011.52 feet to a steel pin and cap; Thence North 22 degrees
39 minutes CO seconds East, 2572.97 feet to a steel pin and cap; Thence South 56 degrees
50 minutes 00 seconds East, 172.37 feet to the True Point of Beginning.
The above—described tract contains 84.560 acres, which is subject to all eights-of—ways and
casements, whether of record or not.
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) and Long-Term Operation and
Maintenance Plan, sealed by C Q.5 e y D e. YOUhq , a licensed Professional
Engineer, dated 'f-18 2...Ion file, the City of Jeffersonville, whichic 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).
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.
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 Jeffersonville,I 'aaga--�
By
Drainage Board, Chair
ATTEST:
I, /l/-/6--// / j / , a Notary Public in and for the City of Jeffersonville and
State of aforesairf!whose commission--�-expires on the day of -s� - of the
year. ,do certify that //J:'") /<.t/?k/ii✓ whose names are signed to
the foregoing Agreement bearing date of the d_... 1f6 day of /r, ,cam , of the
year d4, have acknowledged the same before me in my said City of Jeffersonville and State aforesaid.
GIVEN under my hand this day of /Thy , of the year a0J/.
Notary Public
CHRISTY M O'NEIL
Seal
Notary Public-State of Indiana
Clark County
My Commission Expires May 9,2026
LIC#NP0713339
1�
Reviewed and a •r
By:
Mike Moore, Sewer Board President
I, /�fj'/-/.Sy/ IC/17P r / , a Not Public in and for the City of Jeffersonville and
State of aforesaid, hose commission expires on the ' day of ,/7-) of the
year&t2 ,do certify that / )ire /7k24ae e, whore names are signed to
the foregoing Agreement bearing date of the 1(.90 1 day of /nC2y , of the
yeah ,have acknowledged the same before me in my said City of Jeffersonville and State aforesaid.
GIVEN under my hand this day of Me ,of the year 29 .
• CHRISTY M O'NEIL
NotaryPublic Seal
Notary Public-State of Indiana
Clark County
My Commission Expires May 9,2026
LIC#NP0713339
Owner of Prope
By
Owner, as Describe on Pageyl oft oc ent
I, I 'P t� , a Notary Public in and for the City of Jeffersonville and
State of'aforesaid, whasd commission expires on the a L' day of Vet ,.6er of the
year ;025,do certify that Vc,.v 7Dr? whose names are signed to
the foregoing Agreement bearing date of the 520}`' day of Mu , of the
year 20.114 ,have acknowledged the same before me in my said City of Jeffersonville and State aforesaid.
GIVEN under my hand this ,ZO; day of _Mc„,,,' ,of the year o?oa?c•-1 .
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