HomeMy WebLinkAboutKings Crossing 202605785 25.00
02/24/2026 11:57 AM 6 PGS
MISCELLANEOUS
STEVE GILL, CLARK COUNTY RECORDER IN
RECORDED AS PRESENTED
RESIDENTIAL DEVELOPMENT
STORMWATER LONG-TERM OPERATION AND MAINTENANCE AGREEMENT
File No: 2025.11.KingsCrossing Parcel ID: 10-42-03-600-427.000-039& 10-42-03-600-535.000-039
As accepted through SWQMP No: PW24-0029
Project Name: Kings Crossing, 5004 Charlestown Pike
Primary function or description of activities to be executed at the site: This project is a 51.9 acre site of
fescue,trees and brush. It is to be developed into a 200 lot residential subdivision. Entity that will be
responsible for operation and maintenance of the post-construction stormwater detention basins in
common areas: Kings Crossing Home Owners Association.
This AGREEMENT, made and entered into this day of '` , of the year ' ,
by and between Red Tail Development, INC (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 Site
Development Plan of Part of Surveys#36,#37 and#50 of the Illinois Grant to Clark County,Indiana and
Being situated at 4800 Charlestown Pike,Jeffersonville. GT 36 13.294 AC&Gt 36 10.696 AC,&Gt 36
as recorded by deed in the land records of the County of Clark, in Deed Book at Page
(hereinafter called the "Property").
4 Page l of 6
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 David A.Sanders,a licensed Professional Engineer,dated 1/15/2024,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).
Page 2 of 6
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 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 and/or properly
maintain said storm water quality best management practice. 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
4 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.
Page 3 of 6
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.
13. The owner may assign its rights, duties and obligations under this Agreement to a homeowner
association (as defined in Ind. Code 32-25.5-2-4) duly organized under the laws of the State of
Indiana,or other successor in interest. Upon the successor's complete and full assumption of the
Owner's rights, duties and obligations hereunder, the OWNER shall be relieved of future rights,
duties and obligation under this Agreement.
[The remainder of this page is left blank intentionally. Separate signature pages to follow.]
Page 4 of 6
WITNESS the following signatures and seals:
City of Jeffersonville, Indiana \
i
By —
Drainage Board, Chair T ,r" Er r V; `n
I, 1/72/S 0/l�e/ , a Notar rLPublic in and for the City of Jeffersonville and
State of aforesaid, whose commission ex ires on the / ?day of 7/7 of the
year 47 -
,do certify that , 2t7 n
K// / whose na"'es are signed to
the foregoing Agreement bearing date of the / -i day of —e,6.2c i2, r1, , of the
year ('have acknowledged the same before me in my said City of Jeffersonville and- tate aforesaid.
GIVEN under my hand this /T-day of / bk c_ 2ty' , of the year aO 2 2
-1',7?..— -/ --/ .
Notary Public _ _ _ _ _ _ _ _
CHRISTY M O'NEIL
Seal
Notary Public-State of Indiana
Clark County
My Commission Expires May 9,2026
LIC#NP0713339
Reviewed an apr v d:
By: 079-1 L
Mike Moore, Se er Board Pr ident
I, (_/-,e/ei.5 0/l/Pi / , a Notary Public in and for the City of Jeffersonville and
State of aforesaitt,whose commission expires on the 9 day of /2"2,y of the
year ,, ',do certify that /7)%/c e /)t O/L whose names are signed to
the foregoing Agreement bearing date of the / 'S day of ,�h2(UCti/, of the
year have acknowledged the same before me in my said City of Jeffersonville and Ste a aforesaid.
GIVEN under my hand this /. 7 day of /b2 cid_y,of the year 2O - ' .
•
.r
Notary Public
raaammammiCHRISTYlimil
M O'NEIL I
Seal 1
Notary Public-State of Indiana
Clark County
My Commission Expires May 9,2026
Page 5 of 6 LIC#NP0713339
Owner of Property
kitf-riBy x
fit,
Owner,as Des rib don Page 1 of the Document 6-ce5 o r y L. av\ae c
I, LC6 �-✓�PGi••C I C , a Nota Public in and for the City of Jeffersonville and
LLrl
State of aforesaid,whose cor mission expires,on, the day of �J�CeM f': of the
year o�.0Q5,do certify that (`1 r e3 or S L4^ ci'-?i whose names are signed to
the foreg�ng Agreement bearing dat of the 30 day of Dec-ei--i tic , of the
year(:2S,have acknowledged the same before me in my said City of Jeffersonville and State aforesaid.
3
GIVEN tinder my hand this day of U DeC-e^--6-er ,of the year -S'
cILVap.,,lc
Notary Pu lic
4uu„
LAURA WHEATLEY
1::•• P..e: Notary Public,State of Indiana
Z:SEAL;" Clark County
?* .*;Commission Number NP0845067
'i't'DIAN1. My Commission Expires
Nriiiimm0 August09,2029
A
S \
t eV) •C Irk
Prepared by:
"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."
rc.A...,e1 2.71.__.......,
Signature
I
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