10.0 Maintenance Agreement

The Maintenance Agreement shall, among other things, be in recordable form and substance acceptable to the Planning Board and its counsel, address the identified Responsible Parties’ joint and several obligations to:

1. Comply with, and from time to time update, in accordance with these regulations, the requirements of the SMP, which shall be incorporated into the Maintenance Agreement by reference;
2. Permit ongoing post-construction inspections of the site by the Stormwater Manager and/or the Building Inspector, as set forth in the SMP;
3. Maintain, repair and upgrade the Stormwater Management System(s) from time to time as necessary for it to continue to function as set forth in the SMP and to meet the Stormwater Management Goals;
4. Deliver the annual certifications described in Section 7.4 and otherwise as set forth in the SMP;
5. Authorize the Town to perform any of the obligations of the Responsible Parties under the Maintenance Agreement in the event of any default;
6. Record access easements as required by the Town to permit it to take any action under Section 10.0.5; and
7. Bear all expenses of performance under the Maintenance Agreement, as well as the costs and expenses, including, without limitation, professional consultants, attorneys and any other third-party fees, incurred by or on behalf of the Town in connection with (a) actions undertaken pursuant to Section 10.0.5, (b) enforcing the Maintenance Agreement or (c) recording the Maintenance Agreement, and post a bond or other security for the payment thereof as the Town may from time to time require, and in an amount determined by the Town in its discretion.