HARRY HUGHES, Governor

2633

(C) (1) WHETHER THE FLOODPROOFING FACILITY IS
CONSTRUCTED BY THE PROPERTY OWNER OR HIS AGENT OR BY THE
COMMISSION UNDER CONTRACT, THE PROPERTY OWNER SHALL AGREE IN
WRITING TO HOLD HARMLESS THE COMMISSION FROM LIABILITY FROM
ANY AND ALL DAMAGES THAT MAY RESULT FROM OR BE CAUSED BY:

(I)  THE CONSTRUCTION, MAINTENANCE, AND
OPERATION BY THE PROPERTY OWNER OF THE FLOODPROOFING
FACILITY;

(II)  THE FAILURE OF THE FLOODPROOFING
FACILITY TO OPERATE AS PLANNED OR DESIGNED; OR

(III)  THE FAILURE OF THE PROPERTY OWNER TO
PROPERLY MAINTAIN AND OPERATE THE FLOODPROOFING FACILITY.

(2) THE AGREEMENT SHALL:

(I)  RUN WITH THE LAND;

(II)  BE RECORDED AMONG THE LAND RECORDS OF
THE COUNTY IN WHICH THE LAND IS SITUATED;

(III)  PROVIDE THAT THE PROPERTY OWNER
ACCEPTS FULL RESPONSIBILITY AND LIABILITY FOR MAINTENANCE
AND OPERATION OF THE FLOODPROOFING FACILITY ON THE PROPERTY
AT NO FURTHER COST OR EXPENSE TO THE COMMISSION.

(D) (1) ALL COMMISSION FUNDS EXPENDED BY THE
COMMISSION FOR FLOODPROOFING FACILITIES UNDER THIS SECTION
SHALL BE A PART OF THE COMMISSION'S GENERAL STORM DRAINAGE
BONDING AUTHORITY AS PROVIDED IN CHAPTER 4 OF THIS ARTICLE.

(2) PAYMENT OF THE BONDS SHALL BE IN ACCORDANCE
WITH § 3-11(H) OF THIS ARTICLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.

Approved May 19, 1981.

CHAPTER 701

(House Bill 1662)

AN ACT concerning

Prince George's County - Washington Suburban Sanitary
Commission - Flood Control Facilities - Financing

MC/PG 26-81