HomeMy WebLinkAboutDistrict Lou ISC
06/24/2024M01:54:19P 82PGS0
Steve Gill
Clark County Recorder IN
Recorded as Presented
RESIDENTIAL DEVELOPMENT
IIIIIIIIIIIIIIIIIII 1111111111111111111 IIII
STORMWATER LONG-TERM OPERATION AND MAINTENANCE AGREEMENT
File No: District Lou 02.2024_District_Lou
Parcel ID: 10-19-01-101-219.000-010,10-19-01-101-220.000-010, 10-19-01-101-221.000-010, 10-19-
01-101-222.000-010, 10-19-01-101-244.000-010, 10-19-01-101-223.000-010, 10-19-01-101-
224.000-010, 10-19-01-101-225.000-010, 10-19-01-101-226.000-010, 10-19-01-101-227.000-010,
10-19-01-101-228.000-010, 10-19-01-101-229.000-010, 10-19-01-101-230.000-010, 10-19-01-101-
231.000-010, 10-19-01-101-232.000-010, 10-19-01-101-246.000-010, 10-19-01-101-242.000-010,
10-19/01-101-241.000-010, 10-19/01-101-240.000-010, 10-19-01-101-239.000-010, 10-19-01-101-
238.000-010, 10-19-01-101-243.000-010, 10-19-01-101-237.000-010, 10-19-01-101-236.000-010,
10-19-01-101-235.000-010, 10-19-01-101-234.000-010, 10-19-01-101-233.000-010, 10-19-01-100-
380.000-010
As accepted through SWQMP No: PW061523_District Lou
Project Name: District Lou
Primary function or description of activities to be executed at the site: This project consists of
construction of multi-family residential housing and associated grading and infrastructure. The post-
construction storm water measures include detention basins and established permanent vegetation.
Page 1 of 8
Storm water Pollution Prevention Plan - Post Construction Component(Section C)
Cl -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 industrial area(i.e.,motor
oil,gasoline spills,engine coolant,and other hydrocarbons, lawn chemicals,detergent,and trash/litter).
C2-Dc scription of proposed post-construction stormwater measures
Pollution control ofhydrocarhons and trash shall be provided with the use of detention basins and established
vegetation at the project site.
C3—Plan details for each stormwater measures
The proposed post-construction stormwater measures include detention basins(see sheet C-301)and established
permanent vegetation.
C4-Sequence describina storm water measure implementation
Detention basins and established permanent vegetation will be used to control pollutants.
C5-Maintenance guidelines for proposed post-construction stormwater measures
After completion of construction, the developer will be responsible to maintain the established permanent
vegetation around perimeter and within stormwater basins. 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.
C6-Entity that will be responsible for operation and maintenance of the post-construction
stormwater measures
Developer.
This AGREEMENT, made and entered into this 12th day of February, of the year 2024, by and between
Millennium Builders LLC. (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.
Page 2 of 8
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
SECTION II- DESCRIPTION
Beginning at the northeast corner of Lot 112 in District Lou as shown in Plat Book 19,
Page 4 ofsaid county records; Thence N 54°36'31"E, 321.73 feet; Thence N 35°1322" W, 3.45
feet; Thence N 54°22'07"E, 235.12 feet; Thence S 10°49'09"E, 697.32 feet; Thence S
54°27'39"W,232.23 feet: Thence N35°40'58" W 387.83 feet fo the northwestern
Right—of—Way line of Aster Drive;Thence S 54°2626"W, along said right-of:way line,
32.86 feet to the east corner ofsaid District Lou; Thence N 35°21'03"W, along the northeast
line ofsaid District Lou, 242.6 feet to the PLACE OF BEGINNING.
Containing 5.66 acres and being subject to all easements ofrecord.
SECTION III- DESCRIPTION
Beginning at the north corner of District Lou, Section 1 as shown in Plat Book 19,Page
4 ofsaid County records; Thence N 54°1372"E,321.73 feet; Thence N 35°13'12" W,3.45 feet;
Thence N 54°22'07"E,235.12 feet to the TRUE PLACE OF BEGINNING:
Thence continuing N 54°22'07"E, 126.83 feet; Thence S 28°24'07"E, 567.02 feet; Thence
S 61°34'44" W,2 Z65 feet; Thence S 28°23'35"E, 75 feet; Thence S 54°2739"W, 311.22 feet;
Thence N 10°49'09"W, 697.32 feet to the TRUE PLACE OF BEGINNING.
C.ontnining 3.34 acres and being subject to all easements ofrecord.
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 Jason Copperwaite PE.,a licensed Professional Engineer, dated 11/07/2022,
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.
Page 3 of 8
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
Page 4 of 8
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.
Page 5 of 8
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.
[Signature pages follow.]
Page 6 of 8
WITNESS the following signatures and seals:
City of Jeffersonville, Indiana
By: -
Drainage Boar Chair
I, _ - — = /<//A/ , a Notary Public in and for the City of Jeffersonville and
State of aforesaid, whose commission expires onthe��'` day of /r)(2rc:/c of the
years -`f,do certify that � //-;2/7.X/w/ whose names are signed to
the foregoing Agreement bearing date of the `—'S day of /772,- , of the
yeau-27 1, have acknowledged the same before mein my said City of Jeffersonville and State aforesaid.
GIVEN under my hand this L 7-6 day of /7 )0r-C. , of the year Vie'==-144.Yy Public CHRISTY M O'NEIL
f Seal
Notary Public-State of Indiana
Clark County
M./Commission Expires May 9,2026
L LIC#NP0713339
Reviewed and aporole
By:
Mike Moore, Sewer Board President
I, ,-2/irCe- /7 )c c-2 e. , a Notary Public in and for the City of Jeffersonville and
State of aforesaid, whose commission expires on the .7 day of /1 2C.2 tz_ iz of the
year-,at,do certify that /1) ,ef /2-2oo.e F' whose names are signed to
the foregoing Agreement bearing date of the day of /7)C rc/z , of the
yea,r2qQ 41, have acknowledged the same before me in my said City of Jeffersonville and State aforesaid.
GIVEN under my hand this CO day of // 20,-c /? , of the year ---7`' I/.
l '1 ) MISTY M O'NEIL
�y / / ����,`— Seal
� M1ln; ,y Public-State of Indiana
Notary Public Clark County
[ mEMaY26
LIC#NP0713339 —'
Page 7 of 8
Owner of Pro.erty
�, 47/4. .e...,,By x ..Owner, : •escribed Page 1 of the Document
I, 'T-0,13.,, M.Co,Perwq,- , a Notary Public in and for the City of Jeffersonville and
State of aforesaid, whose commission expires on the 23`� day of "lkc, of the
year 7-3I ,do certify that G,.,ej j l.,ll whose names are signed to
the foregoing Agreement bearing date of the Vt day of rebc�c. , of the
year Z. z-Lt, have acknowledged the same before me in my said City of Jeffersonville and State aforesaid.
GIVEN under my hand this (y1±' day of fe{.,,,7 , of the year Ziy .
Notary Public
JASON M. COPPERWAITE
Notary Public-Commission#NP0667047
SEAL
State of Indiana
My Commission Expires April 23,2031
"I affirm under the penalties for perjury, that I have taken reasonable care to redact each Social Security
number in this document, unless ired by law."
Signature
Page 8 of 8