Memorandum of Understanding
Knox County, Tennessee and Harris Chapel Baptist Church.

This Memorandum of Understanding is made and entered into by and between KNOX
COUNTY, TENNESSEE (?Knox County?), a political subdivision of the State of Tennessee, a
home rule public corporation and charter government, and Harris Chapel Baptist Church (the
?Church?).

WHEREAS unpermitted severe chronic dumping and littering of tires and other wastes
have occurred for many years along a particular section of Twin Creek Road in Knox County,
Tennessee, identi?ed in Exhibit A to this agreement, creating a public nuisance in need of
abatement; and

WHEREAS Knox County has proposed a partial closure of the affected section of Twin
Creek Road, believing this to be an appropriate permanent solution to the problem of
unpermitted chronic dumping and littering of tires and other wastes; and

WHEREAS, a temporary closure of Twin Creek Road is presently in effect; and

WHEREAS, Harris Chapel Baptist Church believes the closure has negatively affected
the members of the church; and

WHEREAS, it is in the best interest of the public, Knox County, and the Church that the
problem of unpermitted severe chronic dumping and littering of tires and other wastes is abated
and the affected area is cleaned up and restored to the extent possible to a natural state; and

WHEREAS, Knox County and the Church agree that Knox County will fund, oversee
and coordinate clean-up efforts as set out below and that the Church will assist in these efforts,
by acquiring ownership of the affected area, and assisting in the maintenance of it as set out
below;

NOW, THEREFORE, in consideration of the foregoing premises and valuable consideration,
the receipt and/or suf?ciency of which is hereby acknowledged, Knox County and Harris Chapel
Baptist Church hereby agree as follows:

1) Harris Chapel Baptist Church will acquire ownership of the affected property
identified as Knox County Tax Parcel 136 081 and generally shown on Exhibit A attached hereto
and incorporated herein by reference.

 

2) Knox County will fund, oversee and coordinate all aspects of the abatement
project, including any required survey and civil design, acquisitions of temporary easements
and/or rights of access from third parties, for the affected area, as identi?ed in Exhibit A. The
extent of the abatement shall be determined by Knox County in its sole discretion. The Church
shall provide Knox County with all rights of access and temporary easements relating to property
owned by the Church at no cost to the County.

3) Upon notice from Knox County that abatement has been completed, the Church
will install fencing along the affected section of Twin Creek Road, as shown in Exhibit A,
according to the speci?cations listed in Exhibit B, at the sole expense of the Church.

4) Upon completion of the clean-up and installation of the fence, Knox County will
remove the temporary barricades, clean the road surface of the area that has been closed, and
reopenTwin Creek Road.

5) Upon the reopening of Twin Creek Road and each month thereafter, the Church
will complete an inspection of the fence to insure it has not been damaged or breached. The
Church will endeavor to maintain clean conditions at the bottom of the fence at the public right
of way, through clean-up efforts every 3 to 6 months. Knox County will assist through disposal
of any trash or debris collected by the Church, either at the John Sevier Household Waste and
Recycling Center, or by pre-arranged pick-up at the Church. Any items too large or heavy for
representatives of the Church will be removed by Knox County upon reasonable notice. The
Church shall notify Knox County of any dangerous or defective conditions that exist on Twin
Creek Road.

6) Should the fence become damaged such that the problem of severe chronic
dumping or littering can reoccur, the Church shall take immediate steps to have repairs
completed, and such repairs shall be completed in no more than 14 days.

7) Notices or other communication hereunder shall be in writing and shall be sent
certi?ed mail, return receipt requested, or by national overnight courier company, or personal
delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. Any party may
change their respective address for notice hereunder by like notice to the other party. The notice
addresses are as follows:

a. Knox County:

b. Harris Chapel Baptist Church:

8) The Church acknowledges and agrees that following the clean-up of the property
by Knox County, any future clean-up or maintenance necessary shall be the responsibility of the

 

Church, and that the Church will maintain the property will in a condition compliant with the
International Property Maintenance Code and other applicable standards as adopted by Knox
County Commission.

9) This Memorandum of Understanding shall be binding upon and inure to the
bene?t of the parties, their successors in interest, heirs, and assigns.

10) This Memorandum of Understanding sets forth the entire understanding between
the parties, and no change, amendment, or modi?cation shall be enforceable unless made in
writing and signed by the parties.

11) The delay or failure of one the parties to enforce any provision or condition of the
Memorandum of Understanding or to exercise any right provided herein shall not be considered
a waiver of its right with respect to such provision, condition, or right in the future.

12) Time is of the essence on this Memorandum of Understanding and each and every
provision hereof. Any extension of time granted for the performance of any duty under this
Memorandum of Understanding shall not be considered an extension of time for the performance
of any other duty under this Memorandum of Understanding.

13) This Memorandum of Understanding shall be governed by the laws of the State of
Tennessee, both as to interpretation and performance. The Chancery Court and/or the Circuit
Court of Knox County, Tennessee shall have exclusive and concurrent jurisdiction of any
disputes which arise hereunder.

14) It is understood and agreed by Knox County and Harris Chapel Baptist Church
that the individual(s) employed by Harris Chapel Baptist Church shall not be considered
employee(s), agent(s), or borrowed agent(s) of Knox County and that Knox County and Harris
Chapel Baptist Church are not partners or joint ventures.

15) Harris Chapel Baptist Church shall indemnify, defend, save, and hold harmless
Knox County, its of?cers, agents, and employees from all suits, claims, actions, or damages of
any nature brought because of, arising out of, or due to breach of this memorandum of
understanding by Harris Chapel Baptist Church, its subcontractors, agents, or employees or due
to any negligent act or occurrence or any omission or commission of Harris Chapel Baptist
. Church, its subcontractors, agents, or employees.

16) Except as speci?cally provided in this memorandum of understanding, no rights,
privileges or immunities of any party shall inure to the bene?t of any other third party, nor shall

 

any other third party be deemed to be a third-party bene?ciary of any of the provisions contained
herein.

17) Each provision of this memorandum of understanding are hereby declared to be
independent of and severable from the remainder of this memorandum of understanding. If any
provision contained herein shall be held to be invalid or to be unenforceable, such holding shall
not affect the validity or enforceability of the remainder. I

18) It is understood and agreed that no provision of this memorandum of
understanding shall be construed to limit or in any way restrain Knox County?s governmental
rights and authorities regarding Twin Creek Road. Without limiting the generality of the
foregoing, Knox County shall retain the right and authority to abandon or close Twin Creek
Road by condemnation or other proper procedures.

The parties have executed this Memorandum of Understanding for the purposes set out herein as
of the last date written below.

KNOX COUNTY, TENNESSEE

 

 

 

     

By:
TIM BURCHETT
Knox County Mayor
HARRIS CHAPEL BAPTIST CHURCH,
By:
Print Name 
APPROV 7 .. AL FORM
BY: I 

 

Knox County Law Director
Date: 
Contract No. 18?5 30