HomeMy WebLinkAbout16.-1-10.2 339 Jerry Smith Rd - 24a -DRAFT Stormwater Management Agreement STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into the_day of ,20_by and between:
,with offices at
(hereinafter"Facility Owner"), and
The Town of ,a municipal corporation organized and existing under the laws of the
State of New York,with a principal office located at (hereinafter
"Town"
WITNESSETH
WHEREAS,the parties hereto desire to enter into an agreement to provide for the construction,
maintenance,repair, and continuation of a Storm Water Management Facility(hereinafter"SWMF")as
required by the Town of ; and
WHEREAS,the SWMF shall be constructed in accordance with Town approved plans and shall be
privately owned after construction. The agreement shall be binding on all subsequent landowners and
recorded in the office of the County Clerk as a deed restriction on the property prior to final plan
approval; and
WHEREAS,Facility Owner is the owner of a certain parcel of land known as ,
described in certain deed recorded in the Tompkins County Clerk's Office in Book of Deeds at
Page (hereinafter referred to as"Premises"), and
WHEREAS,Facility Owner has or proposes to construct townhome apartments,with site improvements,
including a SWMF, on the Premises in accordance with the Plans prepared by ,
and approved by the Town of Planning Board(hereinafter the"Plans").
NOW,THEREFORE,in consideration of the foregoing and the mutual promises and covenants set forth
herein,the parties hereto agree as follows:
1. The Facility Owner shall construct,maintain,repair and continue a SWMF. The SWMF is one or
a series of storm water management practices installed, stabilized and operating for the purposes
of controlling storm water runoff and water quality. Such SWMF shall include any storm water
control measures necessary to render the Premises in complain with all applicable laws,rules,
regulations and ordinances. Such measures may include but shall not be limited to the following:
drainage ditches, swales, dry wells, infiltrators, drop inlets,pipes,culverts,soil absorption
devices, check dams,hydrodynamic separators and retention ponds.
2. The Facility Owner shall construct and maintain such SWMF on the Premises in accordance with
the Plans as approved by the Town of Planning Board on and the
Stormwater Pollution Prevention Plan(hereinafter"SWPPP")dated and prepared
by
3. The Facility Owner shall maintain, clean,repair, including emergency repairs,replace and
continue all measures necessary to ensure full operation and optimum performance of the SWMF.
All measures taken to achieve these ends shall be done in accordance with design specifications.
4. The Facility Owner shall provide for the periodic inspection of the SWMF, not less than once in
every 12 months,to determine the condition and integrity of the SWMF. Such inspections shall
be performed by a professional engineer licensed by the State of New York. The inspecting
engineer shall prepare and submit to the Town within 30 days of the inspection,a written report
of the findings including recommendations for those actions necessary for the continuation of the
SWMF.
5. The Facility Owner shall undertake all necessary repairs, including emergency repairs and
replacement of the SWMF at the direction of the Town in accordance with the recommendations
of the inspection engineer.
6. Facility Owner hereby agrees to defend,indemnify and hold-harmless the Town of from
all suits,costs,claims,and proceedings arising out of the activities carried on by Facility Owner
in connection with,resulting from the responsibilities required under or as consequence of the
Agreement herein,to the extent of Facility Owner's responsibility for such claims,damages, and
losses,except for those claims, suits or proceedings arising solely out of the negligence of the
Town of
7. Facility Owner hereby remises,releases and forever discharges to the Town, its officers, agents
and employees of and from all claims of any nature resulting in repairs,including emergency
repairs, and replacement of the SWMF.
8. The Facility Owner shall not authorize,undertake,or permit alteration, abandonment,
modification or discontinuation of the SWMF,without prior written consent of the Town.
9. If ever the Town determines that the Facility Owner has failed to construct,maintain,repair to
operate the SWMF in accordance with the project plans and the storm water pollution prevention
plan or has failed to undertake corrective action specified by the Town or by the inspecting
engineer, the Town is authorized to undertake such steps as are reasonably necessary for the
preservation, continuation, operation,repair or maintenance of the SWMF and to affix the
expenses thereof as a lien against the property.
10. Failure to properly maintain the SWMF may result in a violation of the New York State
Environmental Conservation Law,the Code of the Town of and this agreement.
11. This agreement shall run with the land and be binding on the parties hereto and their respective
heirs, successors and assigns.
12. This Agreement may not be altered except in writing, signed by both parties.
IN WITNESS WHEREOF,the parties hereto have executed this instrument as of the date and year first
above written.
By:
Town of
(Name)
STATE OF NEW YORK )
COUNTY OF ) SS:
On the day of in the year of 20_,before me,the
undersigned,personally appeared ,personally known to me or proved
to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on this instrument,the individual(s) or the person upon
behalf of which the individual(s)acted, executed the instrument.
NOTARY PUBLIC
STATE OF NEW YORK )
COUNTY OF ) SS:
On the day of in the year of 20_,before me,the
undersigned,personally appeared ,personally known to me or proved
to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on this instrument,the individual(s) or the person upon
behalf of which the individual(s)acted, executed the instrument.
NOTARY PUBLIC