File No.: ___________________ Parcel ID No.: _______________________
As accepted through SWQMP No.: ______________________________
Project Name: _________________________________
Primary function or description of activities to be executed at the site:
______________________________________________________________
______________________________________________________________
THIS AGREEMENT, made and entered into this _____ day of ___________, of the year ____, by and between_(hereinafter called the “OWNER”) and Clark County, Indiana.
WITNESS, that
WHEREAS, Ordinance No. [####] was adopted [####] by Clark County, effective [####], establishing requirements for stormwater quality best management practices and a Stormwater Quality Management Permit (SWQMP) to manage the quality of stormwater discharged from areas of urban development and redevelopment.
WHEREAS, under said Ordinance Clark County shall have the authority to inspect private systems within Clark County and to order such corrective actions to said private stormwater management systems as are necessary to maintain properly the stormwater management systems within Clark County.
WHEREAS, under said Ordinance it is provided that stormwater quality best management practices 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, Clark County has adopted and approved technical guidelines relating to stormwater quality best management practices in Clark County.
WHEREAS, the OWNER is the legal title-holder of certain real property, more particularly described as________ as recorded by deed in the land records of Clark County, 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, sealed by _____________________, a licensed Professional Engineer, dated _____, on file, Clark County, which is expressly made a part hereof, as approved or to be approved by Clark County, provides for stormwater quality management within the confines of the property.
WHEREAS, Clark County and the OWNER agree that the health, safety, and general welfare of the residents of Clark County requires that on-site stormwater quality best management practices be constructed, operated and maintained on the property.
WHEREAS, Clark County requires that onsite stormwater facilities in accordance with the Stormwater Pollution Prevention Plan (SWPPP) and Long-Term Operation and Maintenance Plan be adequately designed, constructed and 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 stormwater 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 stormwater quality best management practices.
NOW, THEREFORE,
In consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:
1. The on-site stormwater 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 stormwater quality BMPs as directed by the Long-Term Operation and Maintenance Plan in good working order acceptable to Clark County for a minimum of five years after completion/build-out of the development. The County may accept responsibility for the BMP at the conclusion of this agreement or may require an extended agreement.
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 stormwater 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 stormwater 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 stormwater 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 Agreements) provisions, but are necessary to prevent stormwater pollution from leaving the site.
5. The OWNER hereby grants permission to Clark County, its authorized agents and employees to enter the property to inspect the stormwater quality best management practices whenever it deems necessary. Whenever possible, Clark County shall notify the OWNER prior to entering the property.
6. In the event the OWNER fails to maintain stormwater quality best management practices in accordance with the SWPPP and Long-Term Operation and Maintenance Plan in good working order acceptable to Clark County, Clark County may enter the property and take whatever steps it deems necessary to repair or maintain said stormwater quality best management practices. This provision shall not be construed to allow Clark County 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 Clark County 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 Clark County.
7. In the event Clark County, 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 Clark County upon demand, within ninety (90) days of receipt thereof for all costs incurred by Clark County hereunder. In the event, the OWNER does not reimburse Clark County within ninety (90) days of receipt; Clark County may apply a lien upon the property for double the expense to Clark County. In the event that the OWNER does not reimburse Clark County within one year from the application of a lien upon the property then Clark County may take other legal measures to recover costs, including associated legal costs, incurred by Clark County.
8. It is the intent of this Agreement to guarantee the proper maintenance of onsite stormwater 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 stormwater management practices.
9. The OWNER, its executors, administrators, assigns, and any other successors in interest, shall indemnify and hold Clark County and its agents and employees harmless for any and all damages, accidents, casualties, occurrences, or claims which might arise or be asserted against Clark County from the construction, presence, existence, operation or maintenance of the stormwater quality best management practices by the OWNER or Clark County.
10. In the event a claim is asserted against Clark County, its agents, or employees for the construction, presence, existence, operation or maintenance of the stormwater quality best management practices by the OWNER, Clark County 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 Clark County, 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 Clark County, 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 real property title documents for the 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.
WITNESS the following signatures and seals:
Clark County, Indiana
By _________________________ By ________________________
Stormwater Program Superintendent
ATTEST:
____________________________
Prepared by: ____________________________
____________________________
I, _____________________, a Notary Public in and for Clark County and State aforesaid, whose commission expires on the __________ day of __________________, of the year ______, do certify that _________________________________________________, whose names are signed to the foregoing Agreement bearing date of the ____________ day of ____________________, of the year ______, have acknowledged the same before me in my said Clark County and State aforesaid.
GIVEN under my hand this _________ day of _____________________, of the year ________.
____________________________
Notary Public
(STATE OF INDIANA)
(CLARK COUNTY)
I, ________________________, a Notary Public in and for the County and State aforesaid, whose commission expires on the _____________ day of ________________, of the year _______, do certify that _______________________________, (Acting) [elected official], whose name is signed to the foregoing Agreement bearing date of the _________ day of ________________, of the year _______, has acknowledged the same before me in my said Clark County and State aforesaid.
GIVEN under my hand this _____ day of __________________, of the year _______.
____________________________
Notary Public