HomeMy WebLinkAboutRiver Ridge Tract 15F-Pizzuti, 295 Paul Garrett Ave. COMMERCIAL/INDUSTRIAL DEVELOPMENT
STORMWATER LONG-TERM OPERATION AND MAINTENANCE AGREEMENT
File No: December2025.RR15F Parcel ID: 10-42-05-300-124.000-039
As accepted through SWAMP No: PW24-0017
Project Name: River Ridge Tract 15F—Pizzuti,295 Paul Garrett Ave
Primary function or description of activities to be executed at the site: This site is 14.53 acres,located at
295 Paul Garrett Ave. Project consists of the construction of a 236,324 square foot warehouse and
associated infrastructure such as patron parking lots, commercial truck parking lots, landscaping, and
associated infrastructure. The site features two proposed detention ponds.
This AGREEMENT, made and entered into this I ifk day of r2►)f'tiv-T7 , of the year G ,
by and between Pizzuti River Ridge LLC (hereinafter 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
follows:
202612138 25.00
05/13/2026 03:19 PM 7 PGS
MISCELLANEOUS
STEVE GILL, CLARK COUNTY RECORDER IN
RECORDED AS PRESENTED
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I
A part of Survey Number 53 of the Illinois Grant. Utica
Township, Clark County, Indiana, said part being more
particularly described as follows:
COMMENCING at the east corner of said Survey Number
53. marked by a railroad spike per the Clark County
Surveyor Reference Ties; thence North 34 degrees 41
minutes 53 seconds West (grid bearing based upon
Indiana State Plane - East Zone, NAD 83, 2011, EPOCH
2010.0000) along the northeast line of said Survey
Number 53 a distance of 1,660.26 feet: thence South 55
degrees 18 minutes 07 seconds West o distance of 71.25
feet to the POINT OF BEGINNING, being on the southwest
line of Paul Garrett Avenue, os described in Instrument
Number 201814944 in the Office of the Recorder of Clark
County, Indiana and on a non-tangent curve to the right
having a radius of 712.00 feet, the following five (5)
courses being along sold Paul Garrett Avenue; (1) thence
southerly along said curve on arc distance of 122.91 feet,
said curve being subtended by a chord bearing South 20
degrees 24 minutes 04 seconds East, a chord distance
of 122.76 feet; (2) thence South 15 degrees 27 minutes
21 seconds East o distance of 161.04 feet to the point
of curvature of a curve to the right having a radius of
550.00 feet; (3) thence southerly along said curve on
arc distance of 159.40 feet. said curve being subtended
by a chord bearing South 07 degrees 09 minutes 11
seconds East, a chord distance of 158.84 feet; (4)
thence South 01 degree 08 minutes 59 seconds West a
distance of 113.27 feet to the point of curvature of o
curve to the left having a radius of 800.00 feet; (5)
thence southerly along said curve on arc distance of
236.16 feet, said curve being subtended by a chord
bearing South 07 degrees 18 minutes 26 seconds East, a
chord distance of 235.30 feet to a north corner of o
tract of land described in Instrument Number 201924777
in said Recorder's Office, the following three (3) courses
being along the northwest lines of sold tract; (1) thence
South 67 degrees 26 minutes 59 seconds West o
distance of 160.00 feet; (2) thence South 49 degrees 07
minutes 43 seconds West a distance of 497.88 feet; (3)
thence South 39 degrees 18 minutes 24 seconds West a
distance of 102.67 feet: thence North 38 degrees 12
minutes 48 seconds West a distance of 663.75 feet to a
south corner of a tract of land described in Instrument
Number 201923837 in said Recorder's Office, said point
being on a non-tangent curve to the right having a
radius of 2,000.00 feet, the following three (3) courses
being along the southeast lines of said tract; (1) thence
northeasterly along said curve an arc distance of 23.14
feet, said curve being subtended by a chord bearing
North 49 degrees 26 minutes 52 seconds East. a chord
distance of 23.14 feet: (2) thence North 49 degrees 46
minutes 45 seconds East a distance of 1,019.83 feet to
a point on o non-tangent curve to the right having a
radius of 310.00 feet; (3) thence northeasterly along said
curve on arc distance of 84.42 feet, said curve being
subtended by a chord bearing North 56 degrees 50
minutes 54 seconds East, a chord distance of 84.16 feet
to the POINT OF BEGINNING, containing 14.525 acres.
more or less.
as recorded by deed in the land records of the County of Clark,in Deed Book at Page (hereinafter
called the "Property").
Page 2 of 7
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 Welch,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.
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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 provide
reasonable notice to 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
the stormwater improvement(s) to the standard required by the 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 is 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
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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,
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.
13. The Owner may assign its rights, duties and obligations under this Agreement to a homeowners
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 obligations under this Agreement.
(The remainder of this page is left blank intentionally. Separate signature pages to follow.)
Page 5 of 7
WITNESS the following signatures and seals:
City of Jeffersonville,Indiana
By
Drainage Board, air T vvl r i
I, �/�,2/,$ •C'V i / , a Notaa Public in and for the City of Jeffersonville and
State offaafor sa4ewhose commission expire on the yl day of /72� of the
year,do certify that__,� /��/�✓ie,//A/ whose times are signed to
the foregoing Agreement bearing date of the /c day of oie/G , of the
yearr,i2P6fhave acknowledged the same before me in my said City of Jeffersonville and State aforesaid.
GIVEN under my hand this , day of �� /L ,of the year
Notary Public CHRISTY M O'NEIL
I Seal
• Notary Public-State of Indiana
r Clark County
4 My Commission Expires May 9,2026
LIC#NP0713339
Reviewed and appr v i j
By:
Mike Moore, Sewer oard President
I, Cffe.JS 0We/ / , a Notar Public in and for the City
of Jeffersonville and
State of aforesaid74hose commission ex ires on the day of ` - "" of the
yearn o ,do certify that ix_e O/'E whose names are signed to
the foregoing Agreement bearing date of the /c9z day of Z of the
yea (o, have acknowledged the same before me in my said City of Jeffersonville an State aforesaid.
GIVEN under my hand this �� day of ✓0ie/L ,of the year c=-1-G6
•0 •
Notary Public
CHRISTY M O'NEIL
Seal
Notary Public-State of Indiana
Clark County
Page 6 of 7 My Commission
LIC# Expires MayNP0713339 9,2026
Owner of Pr
•
By x
Joel S. Piz ti, as Pr dent f z ti River Ridge LLC
i Ada., Ek wte-y , a Notary Public in and for the City of Columbus and
State of Ohio, whose commissions expires on the day of - of the year
do certify that Joel S. Pizzuti whose name is signed to the foregoing Agreement bearing
date of the 14 day of Febr,-.,-,7 , of the year ZD26, have acknowledged the
same before me in my said City of Columbus and State of Ohio.
GIVEN under my hand this ,� day of ebrul^''7 , of the year 7OZ.& .
Notary Public ;soak .
Adam J.Okuley
•
Attorney at Law
Notary Public,State of Ohio
- n My Commission Has No Expiration Date
Sec '47.03 O.R.C.
"41g,4f,,o?..
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 requir d by law."
Signature
4
4
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