HomeMy WebLinkAboutMystic Falls Subdivision 202412150 MISC $25.00
06/24/2024 01:54: 19P 6 PGS
Steve Gill
Clark County Recorder IN
Recorded as Presented
RESIDENTIAL DEVELOPMENT II II II:III I II 1I II II II I I II
STORMWATER LONG-TERM OPERATION AND MAINTENANCE AGREEMENT
File No: LTMA.4.15.24.MysticFalls Parcel ID:10-21-02-001-072.000-009, 10-21-02-001-133.000-009
As accepted through SWQMP No: PW3.15.22_Mystic Falls
Project Name:_Mystic Falls Subdivision
Primary function or description of activities to be executed at the site:
POST C'(INS TI-?L-C"TIO ti C'OMYO N K T (SECTION C)
r-`v DESCRIPRO.hj/LOCA77Gty'
W7 OF FGT7::'rTZ4L FOLLUTA.NTS AND
THEIR SOURCES POST CONSTRUCTION
r.) PET LITTER f•ROM ANIMALS
2.) GASOLINE, OL. ANG A.,.7!—FREEZE SPILLS a LEAKS FROM /EHICLES
.T.) CAT FR0I4 A>PAH,T AND .5.4/NC:i F.S
4.) C.HEM•CALS USED iw Il LWvOLLAL COMMERCIAL LOT OWNERS FOR PROPERTY AtAINTENANCE SUCti AS
CLEANiN'G• SOLU7TON5, PPIN75, SEALERS, LAWN FERTLfZERS. itISECT'CIDES. ANC HERI4ACYOES
C-2 SEQIMYCE DESCRIPTION OP STORM WATER QUALITY IMPLEMENTATION
Starm .atrr I.:My vf*OAKS *kV bet Asr1 d T1rouyout The cow!.xiton prot►ar. Ltoat carp.Wian ot edistrust*" man/
prnwnrt atom, wore, ydaltf, aims ad'continuo to A.loophole rod Sa dad craw nV nazism.. to/as ma nlainrd Ta;award ban
KO vow wrm.n 7M a1.wbGm nt Ar• aoksrosa an..,. posna'nst rns'Q'r d•,O1o0!ra. sways catch tarns. arrnn'Gn taaW. and rots.,"
a.d cantata to Da i'.sascred aswlir And ma:maine0 fa p'arrn.?Lana a_<.winy and To Orsrnt sa.t.''nenr hum Moray Ens ara. TTa
vs..wt+pr and auo.5.1 proemsrxa mop.Gkt .nr!woo ass..tap.nw No.V. ...cenat..o far atrn ,not,non Mal mo nnmone. Logo.
^a'!res a•i.,nwd!san has bar vs yd So d"l'M rcycanhy compaaon et cre arc, aVt te.r.'J OfSSat'as TAs owner or Dara.7 Associatbn
th's dswyp'no at snot' men to ospexaiD.y !u' the rapae^.ans <1,4 ma..ntanan a of in.,.post tono0no P n storm .ate,.1taT'Y
C—S CONCRETE BLOCK DISSIPATERS WILL CONTINUE 70 )REDUCE STr7RMWAFFR ENERGY AND PREWENT scrL SCOURING.
GRA5S LINED SWALtS AND YARD AREAS WELL HELP TO HLTEN STTJNMWATUR POLLUTION_ THE DET NTKO.N Li55INS
WTLL CONTAVE ICJ P.ROYwOt A LINE OF DEFENSE 1-OR ANY POTENTIAL .PO57—CONST.RUCTICAN SEDIMENT TO
SETTLE INSTEAD OF LEAvTNG THE SITE INSPECTIONS AND MAINTENANCE OF DIE WDONXIAL MEASURES WILL
ALLOW FOR STORM i*ATER POr1U71ON CONTROL.
C-4 SEE SHEETS G—( & 0-2 FOR LGCAAONS OF STORM WATER ;LL4L;TY MEASURRES, SHEET G-3 FOR DETAILS,
AND 771EY ARE LISTED AS FOLLOWS:
f-1 GRASS rIAD AtEss
2.; PERIMNEYr ENENGr L.SAm:runs AT CUTLETS
J.i LE er.,TAV:TAWS 4'.V NFF.'S
- . DESCRIPTION OF , eiTh7TFVANCE GI.7DELLVES FOR
POST CONSTBUC77ON STOP,M MJER QI.'AL1TY MEASURES
TTe'o,Lv,n;1 pia!cGnatrt_non a'c rn.aro. ota�'a ^+arrona'w 0,:.vda,0sa 1M5 to ^o5'c.sa or Ina pane•and COMMIS,Cl'Ms
..n.hte ton ae':sa:y. .hoo.a, ono.rm'..tmaneo of pad!ewaRruaTw sfarm wafer aadry onraw.vos shwa\ to contemned n.Yh
a scev,seo a1••a•'•rrd pc ere t,e•nspsrtaa. Tt,• nnydss Net n not Ont./ monfhy ascot-non se ,Mprll,rpa. 9rmss ro,r
eras. Dan . awa . stem, sews's. and 4C.cotter protlKi 'Si .Cspr0L'ens .1T row!!!ne p'+rs.:*of.5T!sr ro S. aawctaa.
cw.� rir n w rm
a� or p.hus,ar noon. '0 La rn•!.f;ts:{ and aOth,I. T mammon vai.arotO an r._Tn. •"Tr and alas. 'hm. NW'..re,
.vary r...sr'n.a sna!:M -c.T'r ey me al avn.Td p'rnsss.xc'•nsy..rfa•. I)lnr rpontp r'•r!noa7 may S.➢cabman oy o n+ed
cartraetar. Erry affcrt shad Sd ,rddd so denrevr.'nr !At to rcr and porn' f.Runt pa1LCGn.
C)THER INFORMATION
OEVELOPFRISi_
KLf/N HOMES LLC.
C/O SIEVE KLEIN
72.52 NOVAS LANDING LW.
SELL.LRSBURC, IN 4/1/2
This AGREEMENT, made and entered into this 15th day of April, of the year 2024, by and between Klein
Homes LLC. (hereinafter called the "OWNER") and the City of Jeffersonville, Indiana.
WITNESS,that
Page 1 of 6
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: GT20
—Common Area A Mystic Falls Sec. 10.184 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 Mike Rich, a licensed Professional Engineer, dated 3/18/19, 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:
Page 2 of 6
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,
Page 3 of 6
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.
Page 4 of 6
WITNESS the following signatures and seals:
City of Jeffersonville, Indiana
•
By
Tim Frank ' Drainage Board, Chair
ATTEST:
I, �AJ//S CO3 Pi / , a Nota�rR} Public in and for the City of Jeffersonville and
State of aforesaid whose commission expires on the qeb day of Maly— of the
year Ma?,do certify that whose names are signed to
the foregoing Agreement bearing date of the L:2 day of , of the
year. 1, have acknowledged the same before me in my said City of Jeffersonville and State aforesaid.
GIVEN under my hand this <=mil/`" day of / , of the year <'c
CHRISTY M O'NEIL
Notary Public Seal
Notary Public-State of Indiana
• • Clark County
I My Commission Expires May 9,2026
LIC#NP0713339
Reviewed and ap roe
By:
Mike Moore, Sewer Board President
I, e�I//.S7.4 �J // , a Notary Public in and for the City of Jeffersonville and
State of aforesaid whose commission expires on the 95 day of_ /)'7K1 of the
yeas ,do certify that , 17j4'P /776.>c›k< whose names are signed to
the foregoing Agreement bearing date of the LI) day of ,cnder , , of the
yearv�2'/, have acknowledged the same before me in my said City of Jeffersonville an State aforesaid.
GIVEN under my hand this o5(>.15 day of - tf of the year •;244
• j CHRISTY M O'NEIL
Notary Public SealNotary Public-State of Indiana
Clark County
My Commission Expires May 9,2026
LIC#NP0713339
Page 5 of 6 APPUPOPIPIMPOMPORPOMPOIMPOIRPIPMPIPIPIPOPOW
RE
Owner of Property
By x
Owner,as Described on Page 1 of the Document
I, JJ1")CL J(k kc1,1'1 , a Nota ublic in an for the City of Jeffersonville and
State of aforesaid, whose conwi sion expJ'r on_the day of �"�" of the
year �`I ,do certify that JTeve 1l !, IC I whose names are signed to
the f re ong Agreement bearing date of the l-1 day of 1{(] J , of the
year1)r ;have acknowledged the same before me in my said City of Je ersonville and State aforesaid.
GIVEN under my hand this I ? day ofQ(Jii / ,of the year,X)jil" .
atria*to vsty) •
Notary Public ip TINA JACKSON
Notary Public, state of Indiana
--'*:SEALt-i Clark County
, ?re Commission Number N►073r13Y2
''4 "N°1 My Commission
202pprea
ira
Prepared by: Edward Siewert,City of Jeffersonville MS4 Coordinator
"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
Page 6 of 6