HomeMy WebLinkAboutBachman Auto Group (Veterans Parkway) COMMERCIAL DEVELOPMENT
STORMWATER LONG-TERM OPERATION AND MAINTENANCE AGREEMENT
File No: 3.30.26 Bachman Veterans Pkwy Parcel ID: 10-19-03-300-145.000-009
As accepted through SWAMP No: PW26-0006
Project Name: Bachman Auto Group, 1761 Veterans Pkwy,Jeffersonville, IN 47130
Primary function or description of activities to be executed at the site:
Project consists of a proposed commercial development and underground detention.
This AGREEMENT, made and entered into this 30th day of March, of the year 2026, by and between
Bachman Properties 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 SWAMP 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
202612137 25.00
05/13/2026 03:19 PM 7 PGS
MISCELLANEOUS
STEVE GILL, CLARK COUNTY RECORDER IN
RECORDED AS PRESENTED
Page 1 of 7
DESCRIP11ON
BEING LOTS 3. 5 AND nOFVETERANS PARKWAY DEVELOPMENT PLAT(PLAT BOOK 2o. PAGE 72).
CLARK COUNTY, \ND,AmA AND BEING FURTHER DESCRIBED AS FOLLOWS,TO-WIT,
COMMENCING AT THE EAST CORNER OF SAID SURVEY 33:THENCE NORTH 36'00'31'MST,ALONG �
THE GRANT UmE e,/,0 FEET TQAN IRON PIN ON THE NORTHYwE WAY
RA|LR(�moAND ALSO BEING THE TRUE POINT OFBEGINNING OF THE LAND DESCRIBED HEREIN:
THENCE SOUTH 44^11'25rVVESTALONG SAID NORTHWEST RIGHT C)FWAY OF THE 8&0RAILROAD.
48723FE� TH�N�� NonTMVV~� �7^ E8l� 214.71FsE� THENCE SOUTH[9°s5'2s''VVES� �� -om
FEET
lr � VV
^ NORTH WAY or VETERANS PARKWAY;THENCE NORTH VQ~U4'37~WEST
ALONG SAID NORTH RIGHT OF WAY, 1o4.50FEET, ''
T�swosmORTH��^5��� EAST, 200.00FEET
THENCE NORTH 80^04'37~WEST, 115.5u FEET,THENCE SOUTH U&^55JZ'WEST, 20000FEETTO SAID
NORTH THENCE NORTH 80~0* vm
�T~ EsTALomG SAID NORTH RIGHT Or WAY,68,o0
F^^`THENCE NORTH 09~55-23^ EAST, 127,1B FEET, THENCE NORTH J3^2608- T EA� 54,28FEET,
THENCE NORTH O9^s5 �^ E*� 39.48FEE� THENCE m{)RTH8Q�pr37^VYE@T ����.74F�� TMENCE
m ��1�'1o^ � T� �
�� o362wFGET ��VV
THENCE a5.00 FEET THENCE NORTH
44^1m'�r' [AoT71
~'`''^ 0,95FEE—/:THENCE SOUTH 35~0O'o1~ EAST,s57.om FEET TO THE TRUE POINT OF
BEGINNING,
CONTAINING e_7oeACRES,
as recorded by deed in the land records of the County of [|a/k' in Deed Book__21___ at Page __38__
(hereinafter called the ^P/operty'')
WHEREAS,the OWNER is proceeding to build on, develop or redevelop the Property.
WHEREAS, the Sto/mwater Pollution Prevention Plan (SVVPPP) and Long-Term Operation and
Maintenance Plan, sealed by Casey] Deyoung' a licensed Professional Engineer, dated 3/10/26' on file,
the City of Jeffersonville, which is expressly made part hereof, as approved ortobe 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 (SVVPPP) and Long-Term Operation and Maintenance Plan be
adequately designed, constructed, installed, operated and maintained by the OWNER.
WHEREAS, an approved Sto/mvvater 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
Page 3 of 7
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
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 ofJeffersonville 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
Page 4 of 7
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 5 of 7
I
,
WITNESS the following signatures and seals:
City of Jeffersonville, Indiana
By
Tim Franklin, Drainage Board Chair
I �Gi/e/S-7y CWe/,/ , a Notary Public in and for the City of Jeffersonville and
State of aforesa , whose commission expires on the 9'`h day of /2 - of the
year,t720oVIP, do certify that //m //'4r7x_/i"/ whose names are signed to
the foregoing Agreement bearing date of the /g715 day of / 4 ,./2i4— , of the
yearo206.2-6, have acknowledged the same before me in my said City of Jeffersonville and State aforesaid.
GIVEN under my hand this /3 day of 4402/ L- , of the years ' 6 .
Notary Public 4 CHRIS S a O'NEIL i
i
I Notary Public-State of Indiana
Clark County i
I My Commission Expires May 9,2026 :
I LIC#NP0713339 1
Reviewed and approile .
By: v c
Mike Moore, Sewer Board President
I, -/-://2/S7i d %✓e/i , a Notary Public in and for the City of Jeffersonville and
State of aforesaid, Jvhose commission expires on the day of fr7 of the
year...20,2CP,do certify that /77'ke /14o o rG whose names are signed to
the foregoing Agreement bearing date of the ,eg? day of /7-4t,/2-/[— , 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 7P2/4— , of the year ao .
;/:7 41. ___,W=2..L.6:20_____
otary Public
CHRISTY M O'NEIL
Seal
Notary Public-State of Indiana
Page 6 of 7 Clark County
My Commission Expires May 9,2026 i
-- LIC#NP07133 9 -------t
Owner of Property
By x .4(: :.- 4.-
Owner,as Described on Page 1 of the Document
I, 0 -e-A>'r ' Ali c3•V�C-e , a Notary Public in and for the City of Jeffersonville and
State of aforesaid,whose commission expires on the 1 s I day of A,Jyu 5't of the
year Z-b'L bdo certify that A �reW MDr{zo'h whose names are signed to
the foregoing Agreement bearing date of the 3b*"" day of Mean , of the
year ain-(0, have acknowledged the same before me in my said City of Jeffersonville ands��State aforesaid.
GIVEN under my hand this o day of gp ri I ,of the year 6o 047
/..i�a -
Notary Public
DEEi^,K WAi;,KE -re-
i
Notary Public
Clark County-State of Indiana
Commission Number NP071511'
My Commission Expires Aug 1,
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 required by law."
Signature C-7" ((- 7----------jee
Ed Siewert, MS4 Coordinator
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