1044.01  REQUEST FOR MAINTENANCE AGREEMENT AND WAIVER OF NOTICE.
   (a)   Commercial, residential and other developers for any development containing drainage facilities, said facilities being the City's responsibility for maintenance, shall execute and file a request for maintenance agreement and waiver of notice of public hearing with the City no later than the time of request for final plat approval.
   (b)   Said agreement and waiver of notice shall permit the City to establish drainage maintenance fees for maintaining said drainage facilities in accordance with Ohio R.C. Chapter 6137. Copies of said agreement and waiver of notice are set forth in full following this section and are hereby made a part of this chapter.
(Ord. 92-9.  Passed 6-9-92.)
REQUEST FOR MAINTENANCE AGREEMENT
   Whereas,                      is the title owner in fee simple of the real estate known as     consisting of approximately                                 acres of land in Sections                 of                                         County of Summit, Ohio, and said    
shall become the owner of the area therein to be dedicated to the public use, and
   Whereas, said                Subdivision contains                   lots as set forth on the plat and amendments thereto as shall be recorded with the County of Summit Recorder, and
   Whereas, said                contains a number of ditches, storm sewers, culverts, a retention area, a retention basin and general drainage areas, all of said areas being set forth on the plans showing the same as being within the drainage easements as shown on the original plat and amendments thereto, and
   Whereas, the plans have been sealed by a professional engineer registered in the State of Ohio, and
   Whereas, the City of Green, as part of the subdivision review, shall approve all of the ditches, storm sewers, culverts, the retention area, the retention basin and general drainage areas, as shown on the original plans and plat, and
   Whereas, the improvements are to be constructed by the owner under the supervision and control of the City of Green and shall meet the approval of the City of Green as constructed, and
   Whereas, the owner agrees that this agreement, along with the plan and schedules of the improvements, shall be filed with the Clerk of Council of the City of Green to locate and establish such as a public watercourse.
   This Maintenance Agreement for drainage facilities is a part of the development plan, and the obligation to pay the maintenance fees shall pass with the title to the property.  There shall be inserted in each deep passing title to any of the land herein by the owner or developer the words:
   "Title to the fee includes the obligation to pay the drainage maintenance fee assessed, or to be assessed, by the City, pursuant to Ohio  Revised Code Chapter 6137 and following."
   NOW, THEREFORE, the above owner wishes to have established by the Council of the City of Green a Ditch Maintenance Fund, pursuant to Section 6131.63 and Chapter 6137 of the Ohio Revised Code, and have the lots and public areas assessed for said maintenance.
   IN WITNESS WHEREOF, we have hereunto set our hands this                 day of                                   , 19            .
                                                
Witness                              Owner
                                                
Witness                              Owner
STATE OF OHIO, SUMMIT COUNTY, SS
BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED          WHO ACKNOWLEDGED THAT HE/SHE/THEY DID SIGN THE FOREGOING INSTRUMENT AND THAT THE SAME IS HIS/HER/THEIR FREE ACT AND DEED.
IN TESTIMONY WHEREOF, I HAVE HERETO SET MY HAND AND OFFICIAL SEAL, AT                          THIS                    DAY OF                                       , 19            .
                                       
                              Notary Public
                                                Subdivision Recorded in Cabinet         
Slides               .
WAIVER OF NOTICE OF PUBLIC MEETING
   We, the undersigned, being all the owners affected by the Request for Maintenance Agreement which has been submitted by us on behalf of the                                                   , hereby waive the holding of said public meeting since there are no other owners to object to said assessment, and hereby request that the said Maintenance Fund be immediately enacted.
                                       
                        Owner
                                       
                        Owner
STATE OF OHIO, SUMMIT COUNTY, SS
BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED           WHO ACKNOWLEDGED THAT HE/SHE/THEY DID SIGN THE FOREGOING INSTRUMENT AND THAT SAME IS HIS/HER/THEIR FREE ACT AND DEED.
IN TESTIMONY WHEREOF, I HAVE HERETO SET MY HAND AND OFFICIAL SEAL, AT                          THIS     DAY OF                            , 19   .
                                    
                                 Notary Public
This instrument was prepared by:
                           
Owner