DETENTION/STORMWATER BASIN OWNERSHIP, OPERATION AND MAINTENANCE AGREEMENT

THIS AGREEMENT made this ___ day of _____, by and between the TOWNSHIP OF JACKSON, a Municipal Corporation of the State of New Jersey, with principal offices at 95 West Veterans Highway, Jackson, New Jersey, (hereinafter referred to as "Jackson") and Maz Properties LLC having their principal offices at PO BOX 1205 Lakewood, NJ 08701 (hereinafter referred to as the "Developer").

WITNESSETH

WHEREAS, the Developer of a preliminary and final major site plan to be located upon property known as Block 4601, Lots 9, 10 and 11, Jackson Township for the construction of a commercial development, desires to enter into an agreement for the stormwater management facilities ownership, operation, repair and maintenance in accordance with the Jackson Township Land Development Ordinance Section 244-209.J.2; and

WHEREAS, Jackson requires that the developers and their successor in right, title and interest shall retain ownership of the detention pond, operate it, repair it and maintain it in accordance with Jackson Township requirements; and

WHEREAS, both parties agree as stated hereinafter below.

NOW THEREFORE, BE IT AGREED, by and between Jackson and Developer as follows:

  1. The Developer hereby agrees to construct, own, operate, repair and maintain underground storage/recharge systems, infiltration/detention basins and rain gardens as shown in on the "Preliminary & Final Major Site Plan for Block 4601, Lots 9, 10 and 11, Township of Jackson, Ocean County, New Jersey" prepared by Professional Design Services, LLC as Job #14320.
  2. The Developer agrees that in accordance with Jackson Township ordinances and this agreement, the stormwater management system to be constructed upon said Block 4601, Lots 9, 10 and 11 shall be maintained in perpetuity as hereinafter provided in this agreement.
  3. The Developer agrees that any deed of conveyance from the Developer to another party for all or a portion of Block 4601, Lots 9, 10 and 11 shall include a deed restriction citing the within ownership, repair, and maintenance agreement and that it shall pass in perpetuity to any subsequent owner of Block 4601, Los 9, 10 and 11.
  4. The Developer specifically agrees as follows:
  5. To comply with the provisions of Jackson Township Ordinance Section 244-209.J2 relating to the ownership, repair and maintenance of detention basin facility.