Whereas, the
Village of New York Mills ("Municipality") and the _______________
("facility owner") want to enter into an agreement to provide for the
long term maintenance and continuation of stormwater control measures approved
by the Municipality for the below named project, and
Whereas, the
Municipality and the facility owner desire that the stormwater control measures
be built in accordance with the approved project plans and thereafter be
maintained, cleaned, repaired, replaced and continued in perpetuity in order to
ensure optimum performance of the components. Therefore, the Municipality and
the facility owner agree as follows:
1. This agreement
binds the Municipality and the facility owner, its successors and assigns, to the
maintenance provisions depicted in the approved project plans which are
attached as Schedule A of this agreement.
2. The facility
owner shall maintain, clean, repair, replace and continue the stormwater
control measures depicted in Schedule A as necessary to ensure optimum
performance of the measures to design specifications. The stormwater control
measures shall include, but shall not be limited to, the following: drainage
ditches, swales, dry wells, infiltrators, drop inlets, pipes, culverts, soil absorption
devices and retention ponds.
3. The facility
owner shall be responsible for all expenses related to the maintenance of the
stormwater control measures and shall establish a means for the collection and
distribution of expenses among parties for any commonly owned facilities.
4. The facility
owner shall provide for the periodic inspection of the stormwater control
measures, not less than once in every five-year period, to determine the
condition and integrity of the measures. Such inspection shall be performed by
a Professional Engineer licensed by the State of New York. The inspecting
engineer shall prepare and submit to the Municipality within 30 days of the
inspection, a written report of the findings including recommendations for
those actions necessary for the continuation of the stormwater control
measures.
5. The facility
owner shall not authorize, undertake or permit alteration, abandonment,
modification or discontinuation of the stormwater control measures except in
accordance with written approval of the Municipality.
6. The facility
owner shall undertake necessary repairs and replacement of the stormwater
control measures at the direction of the Municipality or in accordance with the
recommendations of the inspecting engineer.
7. The facility
owner shall provide to the Municipality within 30 days of the date of this
agreement, a security for the maintenance and continuation of the stormwater
control measures in the form of (a bond, letter of credit or escrow account).
8. This agreement
shall be recorded in the Office of the County Clerk, County of Oneida together
with the deed for the common property and shall be included in the offering
plan and/or prospectus approved pursuant to ______________.
9. If ever the
Municipality determines that the facility owner has failed to construct or
maintain the stormwater control measures in accordance with the project plan or
has failed to undertake corrective action specified by the Municipality or by
the inspecting engineer, the Municipality is authorized to undertake such steps
as reasonably necessary for the preservation, continuation or maintenance of
the stormwater control measures and to affix the expenses thereof as a lien
against the property.
This agreement is effective
____________ .
