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HomeMy WebLinkAboutCorrespondenceOwner Acknowledgement Agreement (“Agreement”) For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned owner (“Owner”) hereby submits this Operation and Maintenance Manual (“Manual”) to the City of Carmel, Indiana (“City”) as a written acknowledgement of Owner’s warranty and agreement to institute, maintain, and follow the water quality Best Management Practices (“BMPs”) listed below, and to follow and abide by the inspection schedule and maintenance activities listed in this Manual. The Owner also hereby agrees to provide, at Owner’s cost, all additional maintenance, repair, and/or replacement services reasonably necessary to maintain the function and longevity of the BMPs from and including the date this Agreement is executed by Owner to and including the date on which a new Agreement is filed with the City by another party who assumes all of the obligations and responsibilities of Owner as set forth herein. BMPs: ___________________________________________________ ___________________________________________________ ___________________________________________________ _______________________________ ________________________ Owner Signature Date _______________________________ ______________________________ Printed Name Company STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) BEFORE ME, the undersigned, a Notary Public in and for said County and State, personally appeared _________________________________ Owner subscribed and sworn before this ____ day of __________________, ________. ______________________________ ______________________________ County of Residence Signature ______________________________ Commission Expiration Date ______________________________ Printed Name CITY OF CARMEL STORMWATER POLLUTION PREVENTION PLAN (SWPPP) REQUIREMENTS SWPPP for Construction Sites: 1. 14 Digit Watershed Hydrologic Unit Code 2. Name of all receiving waters If the discharge is to a municipal separate storm sewer, identify the ultimate receiving water 3. Estimate of peak discharge for post construction conditions (10-year) 4. Locations of specific points where stormwater discharge will leave the site. 5. Locations where stormwater may be directly discharged into groundwater, such as abandoned wells or sinkholes 6. Soils map of the predominant soil types including: a. Soil legend with descriptions of each soil type b. Brief description of how the site has accommodated the existing soil limitations 7. Description of potential pollutant sources associated with the construction activities 8. Temporary and permanent stormwater quality measures: a. Location b. Dimensions c. Detailed specifications d. Construction details e. Monitoring and maintenance guidelines 9. General construction sequence Each plan should contain multiple stormwater pollution prevention measures. All measures will not be installed at the same time. Various measures will be installed at different times throughout the construction process. Some will be installed prior to land disturbance, and others may not be installed until work at the site progresses to an area where they are necessary. Each proposed measure should be identified in the sequence as to when it is to be installed in relation to the land disturbing activities. 10. Location of proposed soil stockpiles, borrow, and/or disposal areas These areas shall be included as part of the plans whether they occur on or off site. 11. Temporary and Permanent surface stabilization methods appropriate for each season Provide application rates for soil amendments and seed mixtures, as well as, the type and application rate for mulch. 12. Erosion and sediment control specifications for individual building lots 13. Material handling, storage, and spill prevention plan a. List of expected materials that may be present on the site during construction operations b. Written description of how these materials will be handled to minimize the potential of entering the storm sewer system c. Procedures for the contractor to take if any spills occur during construction. 14. Contact information for the trained individual responsible for stormwater pollution prevention for the project site a. Name b. Address c. Telephone number d. E-mail address e. List of qualifications 15. Current revision date on all sheets Revised 3/5/07 CITY OF CARMEL STORMWATER POLLUTION PREVENTION PLAN (SWPPP) REQUIREMENTS SWPPP for Post-Construction: 1. Description of potential pollutant sources associated with the proposed land use. 2. Post-construction stormwater quality measures: a. Location b. Dimensions c. Sizing calculations d. Detailed specifications e. Construction details 3. Sequence describing stormwater quality measure implementation Description of when the proposed post construction stormwater quality measures will be installed in relation to the general construction sequence. 4. Stormwater quality measures to be implemented to prevent or minimize adverse impacts to stream and riparian habitats 5. An operation and maintenance manual for all post-construction stormwater quality measures: a. A brief description of what a water quality BMP is and does. b. Contact information for the BMP owner i. Name ii. Address iii. Telephone number iv. E-mail address c. A statement that the BMP owner is responsible for all maintenance and costs associated with the BMPs d. A right-of-entry statement allowing the City of Carmel to inspect and maintain the BMP as necessary e. A description of each BMP f. Specific actions to be taken regarding routine maintenance, remedial maintenance, and sediment/pollutant removal: i. Sediment/pollutant removal procedures should be explained in both narrative and graphical forms. ii. Guidance on routine maintenance, such as mowing, litter removal, woody growth removal, etc. iii. Guidance on remedial maintenance, such as inlet replacement, outlet work, etc. iv. A tabular schedule should be provided listing all maintenance activities and dates for performing the these required activities v. Who will actually be charged with maintaining the BMPs (maintenance staff, waste disposal company, etc.) g. Site drawings showing: i. Locations of the BMPs ii. Locations of the access easements to maintain the BMPs iii. Locations of the points of discharge for stormwater treated by the BMPs iv. Cross sections of BMP features h. Requirements regarding the submittal of annual inspection reports to the City of Carmel Engineering Department. The first report is due one year after construction is completed, with subsequent reports due each year within the same month of the initial report. If there are any deficiencies found during the inspection, these should be addressed. If the inspection report is not received within the month it is due, if there are deficiencies which were not included in the report, or if any deficiencies included in the report are not addressed in a timely manner, the BMP owner faces enforcement action from the City. Revised 3/5/07 May 2, 2023 Jeremy Kashman City Engineer City of Carmel One Civil Square Carmel, IN 46032 Re: Dreyer & Reinbold Racing Addition PZ-2022-00139 ADLS Amend Dear Jeremy, Dreyer and Reinbold Racing is requesting a waiver from the ponding requirement set forth in the City of Carmel Stormwater Standards, Section 104.02. With our signature below, we are acknowledging that we are not meeting the required 1-foot of freeboard between the building finished floor elevation and the maximum ponding elevation of adjacent stormwater inlets in a 100% clogged condition, and that we absolve the City from the liability that accompanies this waiver approval. Signed For: __________________________________________________ By: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________ Cross Reference to Deed: xxxx-xxxxxx GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the “Easement”) is by and between the , (the "Grantor") and the City of Carmel, Indiana (the “City”), by and through its Board of Public Works & Safety (the “Grantee”) and shall have as its effective date the later of the date on which Grantor executes this Easement or the date on which Grantee executes this easement; WITNESSETH THAT: WHEREAS, Grantor is the owner of the real estate conveyed by the deed identified in the cross reference above (the “Real Estate”); WHEREAS, Grantor intends to on the Real Estate and, in connection with the construction, development and operation of the private , the City has approved or will approve a Storm Water Management Permit (the “Permit”); and, WHEREAS, the City requires this Easement in order to verify and require compliance with the terms and conditions of the Permit and all ordinances of the Cit y applicable to storm water drainage and storm water quality management (collectively the “Ordinances”). NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby grants to the Grantee a non-exclusive, perpetual easement on the terms and conditions that follow: Section 1. Easement Area. The portion of Real Estate on, under and through which this Easement exists is legally described and graphically depicted in what is attached hereto and incorporated herein by reference as Exhibits “A” in two parts (the “Easement Area”). Section 2. Storm Water Quality System. Located or to be located within the Easement Area, in the manner and areas specified in the Permit, is certain drainage and storm water quality infrastructure, which may include, without limitation, pervious pavement, manholes, infiltration basins, pipes, and structural and non-structural best management practices (collectively the “Storm Water Quality System”) to be constructed, installed and maintained by Grantor, at Grantor’s expense, in accordance with the Permit and the Ordinances. Section 3. Purpose of Easement. Grantee shall be and hereby is permitted at all times to enter upon the Easement Area for purposes of (i) accessing, inspecting, examining, monitoring, testing and sampling the Storm Water Quality System, and (ii) identifying and verifying compliance with the requirements of the Permit and the Ordinances. Section 4. Maintenance and Repair. It shall be Grantor’s obligation to maintain in proper working order and to repair and/or replace the Storm Water Quality System, or parts thereof, such that (i) the effectiveness and performance of the Storm Water Quality System is not diminished from the capabilities set forth in the Permit and (ii) the Storm Water Quality System remains in compliance with the Permit and the Ordinances. Section 5. Failure of Storm Water Quality System. In the event that the condition of the Storm Water Quality System or the outflow therefrom violates or fails to comply with the requirements set forth in the Permit and/or any of the Ordinances, Grantee shall have the right, but not the obligation, after providing reasonable notice to Grantor, to perform, at Grantor’s expense, such maintenance, repair, modification and/or replacement of the Storm Water Quality System as is necessary to restore compliance with the requirements set forth in the Permit and/or the Ordinances; provided, however, that the performance by Grantee of any such maintenance, repair, modification and/or replacement of the Storm Water Quality System shall under no circumstances relieve Grantor of its responsibility to maintain and operate the Storm Water Quality System, which responsibility shall be continuous and ongoing. Section 6. Reimbursement of Expenses and Enforcement. Grantor shall reimburse Grantee for costs and expenses incurred by Grantee in the performance of the maintenance, repairs, modifications and/or replacements specified in Section 5 above and, in the event of litigation to recover such expenses, the prevailing party shall be entitled to recover reasonable attorney’s fees. Section 7. Character of Easement. This Easement shall be perpetual and, further, shall inure to the benefit of and be binding upon the parties’ respective successors and assigns. Section 8. Use by Grantor and Other Easements. Grantor shall be permitted to use the Easement Area and also to grant other easements within the Easement Area for any purposes which do not impair the Storm Water Quality System and which are not inconsistent or conflicting with this Easement and the Grantee’s rights under this Easement. Section 9. Amendment. This Easement may be amended only by a written instrument signed (i) by then owner of the Real Estate and Board of Public Works & Safety of Carmel, Indiana or its successor or (ii) by an order of a court of competent jurisdiction. In the event that the Real Estate is later redeveloped and, as such, the site plan made the subject of the Permit is revised, then the Grantee and then the owner of the Real Estate shall amend this Easement to reconfigure the Easement Area, accordingly, so that Easement Area is adjusted to and does not conflict with such revised site plan. Section 10. Authority. The undersigned person executing this Easement for and on behalf of Grantor represents and warrants that he or she has been duly authorized by Grantor to execute and deliver this Easement, and that all actions, votes, approvals and/or restrictions necessary to allow the execution and delivery of this Easement have been undertaken. _____________________________________________________________ By:_______________________________ _________________________________ Printed Name Date: ____________________________ STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared _______________________, who acknowledged execution of the foregoing Easement for and on behalf of _____________________________________. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ________________________________________ James Brainard, Mayor Date: __________ ________________________________________ Mary Ann Burke, Member Date: ____________ ________________________________________ Lori Watson, Member Date: ____________ ATTEST: ________________________________________ Sue Wolfgang, Clerk Date: ____________ STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared James Brainard, a member of the City of Carmel, Indiana Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of City of Carmel, Indiana Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Mary Ann Burke, a member of the City of Carmel, Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Lori Watson, a member of the City of Carmel, Board of Public Works & Safety and ackno wledged execution of the foregoing Easement for and on behalf of City of Carmel Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Sue Wolfgang, the Clerk of the City of Carmel, Indiana and acknowledged execution of the foregoing Easement as the Clerk of the City of Carmel, Indiana. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name Pursuant to IC 36-2-11-15(b)(2), 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 – Jon Oberlander, Esq. Prepared by: Jon Oberlander, Corporation Counsel, One Civic Square, Carmel, IN 46032 Return to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Carmel, IN 46032