HomeMy WebLinkAboutJTC East-Towne Center Blvd. 202605784 25.00
02/24/2026 11:57 AM 7 PGS
MISCELLANEOUS
STEVE GILL, CLERK COUNTY RECORDER IN
RECORDED AS PRESENTED
COMMERCIAL/INDUSTRIAL DEVELOPMENT
STORMWATER LONG-TERM OPERATION AND MAINTENANCE AGREEMENT
File No: 2026.1.20JTC East Parcel ID: 10-21-03-300-743.000-009
As accepted through SWQMP No: PW26-0001
Project Name: JTC East-Town Center Blvd.
Primary function or description of activities to be executed at the site:
Development of commercial space with parking. The underground detention basin will capture
sediment from the site stormwater runoff and will be cleaned as per manufacturer recommendations
to maintain maximum removal efficiency. The grass on the site shall be routinely inspected to ensure
the grass is thriving. Any grass that has died shall be replace das soon as possible. When the grass has
been successfully installed, it shall be periodically inspected and kept clean off any and all debris.
This AGREEMENT, made and entered into this 20th day of January, of the year 2026, by and between
Jeffersonville Town Center, 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
1600 Veterans Parkway. Being the area bounded by an internal drive to the north, Town Center
Boulevard to the west, and Hamburg Pike to the east.
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DESCRIPTION
Port of Survey No. 33 of the Illinois Grant, City of Jeffersonville, Clark County, Indiana,
and being port of three tracts of land conveyed to Jeffersonville Town Center, LLC by
Instrument 201722280, Instrument 202133067, and Instrument 202201008 being more
particularly described as follows:
Commencing at the south corner of Survey No. 33, being the east corner of Survey
No, 32, and being on the northwest line of Survey No. 20; thence along the line
dividing said Survey Nos. 33 and 20, North 54'50'44" East, 960.66 feet to the south
corner of a tract of land conveyed to 01 Real Estate Holding I (Jeffersonville), LLC by
Instrument 202107877; thence leaving said dividing line along the southwest line of
said DI tract, North 34'56'12" West, 844.38 feet to a southeasterly right--of--way of
Town Center Boulevard instrument 201 1 0331 2; thence along said right—of—way, North
55-07'39" East, 437.17 feet, being the TRUE POINT OF BEGINNING;
Thence along said right—of—way, 268.31 feet along the arc of a curve to the left
having a radius of 340.00 feet and a chord which bears North 32'31'13" East,
261.40 feet; thence along said right—of—way, North 09'54'48" East, 683.72 feet;
thence South 80'05'12" East, 285.61 feet; thence South 09-54'48" West, 394.18 feet,
thence South 80-05'12" East, 47.45 feet; thence South 09'54'49" West, 318.36 feet;
thence North 79.54'17" West, 218.75 feet; thence South 55'07'39" West, 302.63 feet
to the True Point of Beginning.
Containing 5.222 Acres
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, by Jacobi,Toombs & Lanz, Inc., a licensed Professional Engineer, dated 12/17/21, 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,
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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
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
Page 3 of 7
4
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
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.
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.
Page 4 of 7
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.]
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WITNESS the following signatures and seals:
City of Jeffersonville, Indiana
By �Drainage Board,Chair T i Fn.r\ .r\
I, �yi2/ 7- Q/✓e// , a Notary Public in and for the City of Jeffersonville and
State of aforesaid whose commission expires on the 9e2 day of 777 of the
year, do certify that 7%m �iea1, //,✓ whose names are signed to
the foregoing Agreement bearing date of the day of ��bAz-c-i , of the
yeare:794,260, have acknowledged the same before me in my said City of Jeffersonville and State aforesaid.
GIVEN under my hand this /f- day of -e.6.e.vay, of the year a (-c).
otary Public
CHRISTY M O'NEIL
Seal
t Notary Public-State of Indiana
Clark County
My Commission Expires May 9,2026
LIC#NP0713339
•
Reviewed and,\.ap fdro .
By:
Mike Moore, Sewer Board President
I �,r"2/.c O jl/e; 7 , a Notary Public in and for the City of Jeffersonville and
State of aforesaiwhose commission expires on the >45 day of of the
year<=24,2',do certify that /2---)i/� e- whose names are signed to
the foregoing Agreement bearing date of the /-7 day of /C5.6,euca.2y , of the
year e,: have acknowledged the same before me in my said City of Jeffersonville and State aforesaid.
GIVEN under my hand this /7 day of b� 2y , of the year a -6:"
Notary Public CHRIS eBM0'NEIL.
Notary Public-State of Indiana
Clark County
My Commission Expires May g,2026
Page 6 of 7 LIC#NP0713339
Owner of Property
By x
1/06--
Owner, as Described on Page 1 of the Document D± {}e_�1
12..-0,A ^Q-n„&Q jG G 1� , a Notary Public in and for the City of Jeffersonville and
State of aforesaid, whose commission expires on the Ile day of , quS of the
year 2033 , do certify that 1 f o g !2u-k2t d whose names are signed to
the foregoing Agreement bearing date of the 2-0 day of o.vwory , of the
year 2O2io , have acknowledged the same before me in my said City of Jeffersonville and State aforesaid.
GIVEN under my hand this 2-0 day of ,i av\ , of the year 2-U2lp .
- �q .40.st.—±471/ ,Spar Pt/ KATHERINE SAATHOFF,Notary Public
Notary Public Z SEAL Harrison County,State of Indiana
* * Commission Number NP0704175
'4'oi ' My Commission Expires August 16,2033
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 required by law."
Signature
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