HomeMy WebLinkAboutKendall Farm Apartments (The Laurel) 202523337 25.00
11/05/2025 12:19 PM 6 PGS
MISCELLANEOUS
STEVE GILL, CLARK COUNTY RECORDER IN
RECORDED AS PRESENTED
COMMERCIAL DEVELOPMENT
STORMWATER LONG-TERM OPERATION AND MAINTENANCE AGREEMENT
File No: October 2025 Kendall Apt Parcel ID: 10-19-02-200-424.000-009
As accepted through SWQMP No: PW23-0008
Project Name: Kendall Farm Apartments (T k e L q u r42 t)
Primary function or description of activities to be executed at the site: This site is 13.67 acres, located
at 3498 Jefferson Ridge Dr. Project consists of the construction of Apartments and associated
infrastructure such as parking lots, landscaping, and associated infrastructure. The site features two
proposed detention basins.
This AGREEMENT, made and entered into this 1st day of October,of the year 2025, by and between KPG
Jeffersonville, LLC (hereinafter called the "OWNER") and the City of Jeffersonville, Indiana.
WITNESS, that
WHEREAS, Ordinance No. 2024-OR-79, was adopted January 8, 2025, 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
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DESCRIPTION OF KENDALL FARM APARTMENTS
(This description is to be used for Development Plan or Permit submittal
and is not intended for the transfer of land)
A part of Survey No. 22 of the Illinois Grant. Clark County, Indiana, being further described as
follows:
Commencing at the north corner of Survey No. 22: thence along the line dividing Survey Nos. 22
and 23, South 35'28'09" East, 2026.77 feet to the current centerline of East Tenth Street
(formerly State Road 62): thence along said centerline the following three (3) courses:
(1) 313.28 feet along the arc of a curve to the right, having a radius of 2291.83 feet and a
chord which bears South 19°22'28"West, 313.03 feet; thence
(2) South 23'17'25" West. 1924.39 feet: thence
(3) 141.54 feet along the arc of a curve to the left, having a radius of 5130.96 feet and a
chord which bears South 22'30'01" West. 141.53 feet; thence
South 38'15'49" East, 398.53 feet to a point on the southwesterly line of Outlot 7B, Jefferson
Ridge, Plat Book 18, Page 81. being the TRUE POINT OF BEGINNING:
Thence along said line of Outlot 7B and in part along a southwesterly line of Lot 3, Jefferson
Ridge, Plat Book 18, Page 67, South 38'15'49" East, 80.55 feet to a corner thereof; thence along
the southwesterly lines of said Lot 3 the following four(4) courses:
(1) North 51'44'11" East, 123.00 feet; thence
(2) South 38°15'49" East, 490.00 feet: thence
(3) North 51°44'11" East. 82.00 feet; thence
(4) South 38°15'49" East, 332.91 feet to a point on the westerly line of Lot 105 of Rolling
Ridge Subdivision, Plat Book 14, Page 27; thence along the northwesterly line of said Rolling
Ridge Subdivision, South 54`42'39" West, 947.12 feet: thence North 35'14'21" West, 333.63 feet;
thence North 17`39'54" East, 364.03 feet to the south corner of the 2.401-acre tract described by
Instrument 201608958; thence along the southwesterly line of said 2.401-acre tract, North
35''27'52" West, 258.68 feet; thence North 72`15'16" East, 184.82 feet; thence South 71`54'21"
East, 50.00 feet: thence North 18`05'39" East, 126.96 feet: thence 81.85 feet along the arc of a
curve to the left having a radius of 225.00 feet and a chord which bears North 07'40'23" East,
81.40 feet: thence with a reverse curve 57.20 feet along the arc of a curve to the right having a
radius of 125.00 feet and a chord which bears North 10°21'42" East. 56.70 feet; thence North
23'28'17" East. 1.74 feet to the True Point of Beginning.
Containing 13.67 acres.
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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 Eric Walter Penland, a licensed Professional Engineer, dated February 1,
2023,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:
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.
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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
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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, Indiana
By
Drainage Boar'tt,, hair
I, (, //A, /7VP_f/ , a Notary Public in and for the City of Jeffersonville and
State of aforesaid, whose commission expires on the '' day of /� , of the
year,..7Z ,do certify that /ii)1 whose names are signed to
the foregoing Agreement bearing date of the day of , 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 , of the year';
IJHRISTY M O'NEIL
Notary Public Seal
Notary Public-State of Indiana
Clark County
My Commission Expires May 9,2026
LIC#NP0713339
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Reviewed and al pr v : 1 3
By:
Mike Moore, Sewer 3oard President
/7
I, ( j /g v (9/1/7e-'/ , a Notary Public in and for the City of Jeffersonville and
State of aforesaid whose commission expires on the Yam' day of /2-)/-ry of the
year`-, ,do certify that /7 '.fie /2") .e_e- whose names are signed to
the foregoing Agreement bearing date of the ----27 day of cir:77_fc x , of the
year : 6,have acknowledged the same before me in my said City of Jeffersonville and State aforesaid.
GIVEN under my hand this c-'27 day of Z-- C- h , of the year .
O a� CHRtSTY M O'NEIL
Notary Public Seal •
i Notary Public-State of Indiana
Clark County
, My Commission
LIC#NP07133t y 9,2026
Owner of Property
By x
Owner s Described on Page 1 of the Document
I, WS()ICC\ A)n llRb , a Notary Public in and for the City of Jeffersonville and
State of aforesaid, whose commission expires on the � day of RL1qU of the
year 2O37,,do certify that .lZ \he nact1k whose names are signed to
the foregoing Agreement bearing date of the \ST day of OCkOI(Jtc , of the
year Z.075_, have acknowledged the same before me in my said City of Jeffersonville and State aforesaid.
st
GIVEN under .-iy hand this 'A day of CCFOhtr , of the year 2,6aS .
•
41J���`PyfA'��i MONICA PORTILLO
-�,,",: •'e% Notary Public, State of Indiana
d��l t:rQ _o t
F. SEAL ""_ Marion County
Notary Public =_*•• * Commission Number NP0758455
,,,1't'DIANP�`� My Commission Expires
n,,,, August 28,2032
w......•
Prepared by: Ed Siewert MS4 Coordinator, City of Jeffersonville
"I affirm under the penalties for perjury, that I have taken reasonable care to redact each Social Security
number in this document, unless quired by law."
Signature \
ii
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