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INSPECTION AND MAINTENANCE AGREEMENT (1) The OWNER(S) covenant and agree with the CITY that they shall provide for adequate long-term maintenance and continuation of stormwater control measures to ensure that the facilities are, and remain in, proper working condition in accordance with approved design standards, rules and regulations, and applicable laws. The OWNER(S) shall perform preventive maintenance activities at intervals described in the Post Construction Long-Term Water Quality Maintenance Plan attached hereto along with necessary landscaping (grass cutting, etc.) and trash removal as part of regular maintenance. (2) The OWNER(S) shall submit to the CITY an annual report by July 1st of each year. The report will include the Long Term Maintenance Plan that documents inspection schedules, times of inspections, remedial action taken to repair, modify or reconstruct the system and the state of control measures. (3) The OWNER(S) shall grant to the CITY or its agent or contractor, the right entry at a reasonable time and in a reasonable manner for the purpose of inspecting, operating, installing, constructing, reconstructing, maintaining or repairing the facility. (4) The OWNER(S) shall grant to the CITY the necessary easements and rights-of-way and maintain perpetual access from the public rights-of-way to the facility for the CITY or its agent and/or contractor in accordance with the Stormwater Management Ordinance. The OWNER(S) agree that should maintenance not be properly performed, after due notice, the CITY may order the work performed. The OWNER(S) shall reimburse the CITY, upon immediate demand, the costs incurred and any enforcement action costs according tot he Stormwater Management Ordinance. (5) The OWNER(S) shall indemnify and hold the CITY harmless from any and all claims for damages to persons or property arising from the construction, maintenance,and use of the facility. (6) This AGREEMENT and covenants contained herein shall apply to and bind the OWNER(S) and the OWNER(S) heirs, executors, successors, and assigns and shall bind all present and subsequent owners of the property served by the facility. (7) The OWNER(S) shall not be able to transfer, assign or modify its responsibilities with respect to this agreement without the CITY's written prior consent. Nothing herein shall be construed to prohibit a transfer by OWNER(S) to subsequent owners and assigns. (8) The OWNER(S) shall record this AGREEMENT in the office of the Register of Deeds for the county of ______________________, Tennessee.
FOR Company Name
COUNTY OF ____________________ Before me, ________________________, of the State and county mentioned, personally appeared __________________________________, with whom I am personally acquainted (or provided to me on the basis of satisfactory evidence), and who, upon oath, acknowledges themselves to be the officer authorized to execute this instrument of the company heretofore named and executed the foregoing instrument for the purposes therein contained.
_________________________________________ REVIEWED BY (signature): CITY OF
COUNTY OF ___________________
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