HomeMy WebLinkAboutRiver Ridge Logistics Regional Basin 202518142 25.00
08/21/2025 02:50 PM 7 PGS
MISCELLANEOUS
STEVE GILL, CLARK COUNTY RECORDER IN
RECORDED AS PRESENTED
COMMERCIAL/INDUSTRIAL DEVELOPMENT
STORMWATER LONG-TERM OPERATION AND MAINTENANCE AGREEMENT
File No: 2024.12.30_RR Logistics Regional Basin Parcel ID: 10-42-03-900-006.000-039
As accepted through SWQMP No: INRA11167
Project Name: River Ridge Logistics Ave. Regional Detention Basin, 351 Logistics Ave.
Primary function or description of activities to be executed at the site:
Logistics Avenue Regional Detention Pond Improvements. Expansion of existing dry detention basin.
This AGREEMENT, made and entered into this day of August, of the year 2025, by and between River
Ridge Development Authority(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 SWAMP 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
DESCRIPTION REGIONAL DETENTION BASIN
That part of Survey Number 38, 39, 52 and 53 of the Illinois Grant, City of Jeffersonville, Clark County,
Indiana being further described as follows[The following description is the result of work performed by
Hart's Surveying & Engineering. LLC, under the supervision of Harold L. Hart (LS29800020) on March 6,
2025,Job Number 25-13]:
Commencing at the south corner of Survey Number 53, being on the northwest line of said Survey
Number 39; Thence along the line dividing said Surveys 39 and 53, North 55 degrees 04 minutes 31
seconds East, 127.35 feet to the southwest perimeter of an existing Access, Utility and Drainage
Easement (Instruments 202400165 & 202407175) commonly referred to as Logistics Avenue, the True
Point of Beginning;
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Thence along the perimeter of said easement, 297.49 feet along a curve to the right having a radius of
3419.83 feet and a chord which bears South 60 degrees 38 minutes 06 seconds East, 297.40 feet to the
north corner of a tract of land conveyed to Garden Grove Properties, LLC (Instrument 202401643);
Thence along the northwest line of said tract, South 22 degrees 57 minutes 29 seconds West, 917.72
feet to the west corner of said tract being on the northeast line of a tract of land conveyed to MRE
Propco, LP (Instrument 202128395); Thence along said northeast line, North 67 degrees 21 minutes 00
seconds West, 138.97 feet to the north corner of said MRE Propco, LP tract; Thence along the western
perimeter of said MRE Propco, LP tract for the next three (3) calls:
1. South 22 degrees 58 minutes 26 seconds West, 541.59 feet;
2. South 67 degrees 21 minutes 00 seconds East, 239.56 feet;
3. South 22 degrees 39 minutes 00 seconds West, 286.86 feet to the northeastern perimeter of an
existing Access, Utility and Drainage Easement (Instruments 202400165 & 202407175)
commonly referred to as Hilton Drive;
Thence along said easement, 216.92 feet along a curve to the left having a radius of 1050.00 feet and a
chord which bears North 66 degrees 19 minutes 55 seconds West, 216.53 feet;Thence continuing along
said easement, North 72 degrees 15 minutes 01 seconds West, 27.33 feet to the south corner of a tract
of land conveyed to American Fuji Seal,Inc(Instrument 201313001);Thence along the perimeter of said
tract for the next four (4) calls:
1. North 06 degrees 21 minutes 38 seconds East, 120.63 feet;
2. 159.48 feet along a curve to the right having a radius of 550.00 feet and a chord which bears
North 14 degrees 40 minutes 02 seconds East, 158.92 feet;
3. North 22 degrees 58 minutes 26 seconds East,443.69 feet;
4. North 68 degrees 10 minutes 11 seconds West, 396.10 feet to the south corner of a tract of
land conveyed to INDU JEFIN Logistics, LLC (Instrument 202422626);
Thence along the southeast line of INDU JEFIN Logistics, LLC, North 22 degrees 53 minutes 09 seconds
East, 1079.90 feet to the above mentioned southwestern perimeter of an existing Access, Utility and
Drainage Easement commonly referred to as Logistics Avenue; Thence along said perimeter, South 65
degrees 52 minutes 53 seconds East, 136.70 feet; Thence continuing along said perimeter, 164.35 feet
along a curve to the right having a radius of 3419.83 feet and a chord which bears South 64 degrees 30
minutes 13 seconds East, 164.33 feet to the True Point of Beginning.
The above-described tract contains 16.558 acres which is subject to all rights-of-ways and easements.
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 Bryan Patrick Grotz, a licensed Professional Engineer, dated August 24,
2022,on file,the City ofJeffersonville,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.
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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.
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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 City of Jeffersonville determines the OWNER has failed to comply with the 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 shall provide written notice of such failure to the OWNER. The OWNER
shall take steps to repair and maintain the storm water system in compliance with storm water
quality best management practices, the SWPPP, and the Long-Term Operation and Maintenance
Plan, and shall report such compliance to the City of Jeffersonville within thirty (30) days of the
City of Jeffersonville's written notice of failed compliance sent to the OWNER. If the OWNER fails
to report its compliance with the storm water quality best management practices in accordance
with the SWPPP, and Long-Term Operation and Maintenance Plan to the City of Jeffersonville
within the thirty (30) day notice period, the City of Jeffersonville and/or its agents, and/or
employees may enter the property and take whatever steps it deems necessary to repair or
maintain said storm water quality best management practices, the SWPPP, and the Long-Term
Operation and Maintenance Plan. 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
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the storm water quality best management practices by the OWNER or the City of Jeffersonville,
excepting such losses that occur as a result of intentional tortious conduct, and/or gross
negligence of the City of Jeffersonville and/or its agents and/or employees.
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, Indiana
By
�
Drainage Board, Chair
�7/1/C/ / , a Nota Public in and for the City of Jeffersonville and
State of afore aid, whose commission expires on the Pi day of rr)ce—y of the
year ,do certify that '2,L/lip/ whose names are signed to
the foregoing Agreement bearing date of the 44-6 day of , of the
year 924(;, have acknowledged the same before me in my said City of Jeffersonville ai'ra State aforesaid.
GIVEN under my hand this 4 day of 12 } y of the year
Page 5 of 7
CHRISTY M O'NEIL
Seal
•
Notary Public-State of Indiana
�yA / Clark County
�,`/ �"" My Commission Expires May 9,2026
/J'� ,.ti �. ✓ LIC#NP0713339
Notary Public
Reviewed and approved:
By: N ----�
Mike Moore, Sewer Board President I
e% � , a Notary Public in and for the City of Jeffersonville and
State of aforesaid, whose commission expires on the `' day of of the
year ,--,do certify that 7,7) c' ,��%co•e whose-names are signed to
the foregoing Agreement bearing date of the day of �t T!UST , of the
year C*;6, have acknowledged the same before me in my said City of Jeffersonville and State aforesaid.
GIVEN under my hand this day of �[>�sUST ,of the year
Notary Public
CHRISTY M O'NEIL
Seal
Owner of Property: Notary Public-State of Indiana
Clark County
My Commission Expires May 9,2026
LIC#NP0713339
River Ridge Developmentn Authority
By: 7L6
Marc A. Hildenbrand, Executive Director
I, Renee Tarpley-Wyman, a Notary Public in the City of Jeffersonville and State of aforesaid, whose
commission expires on the 21st day of December of the year 2025 , do certify that Marc A. Hildenbrand,
whose names are signed to the foregoing Agreement bearing date of the 4th day of August of the year
2025, have acknowledged the same before me in said City of Jeffersonville and State aforesaid.
GIVEN under my hand this 4th day of August of the year 2025.
4
//a/L-a- c
Notary Public
RENEE TARPLPEYi WYMAN
NotarySEAL
Harnson County-State of Indiana
Commission Number NP069883 8
Page 6 of 7 My Comm.Expires WI
Prepared re d b : r 5 , f'U-r .e yr
p Y
1-
"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
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