HomeMy WebLinkAboutPike Elementary 202605786 25.00
02/24/2026 11:57 AM 6 PGS
MISCELLANEOUS
STEVE GILL, CLARK COUNTY RECORDER IN
RECORDED AS PRESENTED
COMMERCIAL/INDUSTRIAL DEVELOPMENT
STORMWATER LONG-TERM OPERATION AND MAINTENANCE AGREEMENT
File No: LTMA.Pike.Elementary.2.1.24 Parcel ID: 10-21-02-100-410.000-009
As accepted through SWQMP No: PW23-0021
Project Name: Pike Elementary School, 2915 Charlestown Pike
Primary function or description of activities to be executed at the site: Pike Elementary School
Project which will be built on the site currently known as Wilson Elementary School at 2915
Charlestown Pike, Jeffersonville, IN 47130. The project will include the demolition of
the existing school and the construction of a new school and parking lot. The school
will be built in a different location on the site than it sits currently. The project also
includes the demolition of the existing parking lot and the construction of new parking
lots and entrances and the re-grading of an existing drainage swale for the use as a
detention basin.
This AGREEMENT, made and entered into this 15th day of January, of the year 2026, by and between
Jeffersonville School Twp (hereinafter called the "OWNER") and the City of Jeffersonville, Indiana.
WITNESS, that
WHEREAS, Ordinance No. 2021-OR-14, was adopted April, 21, 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 GT
21 13.771 AC as recorded by deed in the land records of the County of Clark, as Instrument Number
(hereinafter called the "Property").
WHEREAS, the OWNER is proceeding to build on, develop or redevelop the Property.
Page 1 of 6
WHEREAS, the Stormwater Pollution Prevention Plan (SWPPP) and Long-Term Operation and
Maintenance Plan,sealed by Harold Hart, PE.,a licensed Professional Engineer, dated 3/10/2023,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.
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).
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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
Page 3 of 6
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.
Stormwater Pollution Prevention Plan - Post Construction Component(Section C)
C1—Description of pollutants and their sources associated with the proposed land use
The long-term pollutants expected from the proposed site are those that relate to vehicle traffic, lawn
maintenance and landscape vehicle use. The vehicular pollution sources are: leaking fuel, oil or fluids
(brake & 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 stormwater measures
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.
C3—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 stormwater 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 all open areas. The detention basin will be maintained by regular mowing and
any debris removal as necessary.
C5 - Maintenance guidelines for proposed post-construction stormwater 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 as 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 swales shall be addressed as 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: Property Owner/Jeffersonville School Twp
Page 4 of 6
Owner of Pro i
By /leek'✓dt/aefI/ a 67//a/ite (/a✓e_
Owner, as Described on P ge 1 of the Document (4417 two if
I, (Qllee_ 0, C\or1e-c9s , , a Notary Public, whose commission expires on the
I.2‘ day of osf- _ of the year Q030 , do certify that
Aale_ KOk whose names are signed to the foregoing Agreement
bearing date of the IS— day of 3C0g cXrti ,of the year?(.) k , have acknowledged the
same before me in my said City of Jeffersonville anb State aforesaid.
GIVEN under my hand this [5 day of t/1(-4A , of the year o Vg b .
91 94 -r). q.4101-c
Notary Public
e'ltiir RRE{ SKI NEE D MARKO
aires
is,..*i.SEAL:*1 Meet 12.
y ` CommIs.Ontimber NP0656752
askew./
Prepared by: Ed 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 req ' ed b law."
Crt.L.,j
Preparer Signature
Page 6 of 6
WITNESS the following signatures and seals:
City of Jeffersonville, Indiana
By: \�
Drainage Board air Ti 'v\ fr KV tl\
I �Nj2/ 54/ (19%i/e/i , a Notar Public in and for the City of Jeffersonville and
State of aforesaiewhose commission expires on the day of mAy of the
yearn o,do certify that__ -) / .49nM-//^/ whose names are signed to
the foregoing Agreement bearing date of the / ''' day of /e.6•e _arc./ , of the
yeard24 , have acknowledged the same before me in my said City of Jeffersonville andState aforesaid.
GIVEN under my hand this /T day of rC 6�(-)a y , of the year aeo.
o 0
Notary Public - - - — --- -- -
CHRISTY M O'NEIL
Seal
Notary Public-State of Indiana
Clark County
My Commission Expires May 9,2026
LIC#NP0713339
Reviewed and appio'- ,:
u` Now
By:
Mike M re, Sewer Board Presklent
I,Mike
. 2/Vei. a Notary Public in and for the City of Jeffersonville and
State of aforesaid Gvhose commission expires on the � day of /29y of the
years , do certify that /7)i e �)c 7P c whose names are signed to
the foregoing Agreement bearing date of the /2± day of , -- ,euQ.ey, of the
year ' G, have acknowledged the same before me in my said City of Jeffersonville and State aforesaid.
GIVEN under my hand this / 7 —day of �uCt-�c/ , of the year .
4 J
2`......-...- 9... .." •
Notary Public
CHRISTY M O'NBIL
Notary Pubics tate of Indiana
Clark County
My Commission Expires May 9,2026
LIC#NP0713339
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