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HomeMy WebLinkAbout583049-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Fax: (607) 274-5445 No. of Pages: 14 (including this cover page) Receipt No. 583049 Date: 11 /04/2011 Time: 10:58 AM Document Type: EASEMENT/LEASE Delivered By: TOWN OF ITHACA Return To: TOWN OF ITHACA Parties To Transaction: BELLE SHERMAN COTTAGES LLC Town/City: Deed Information Taxable Consideration: $0.00 State Transfer Tax: $0.00 County Transfer Tax: $0.00 RETT No.: 00513 State of New York Tompkins County Clerk Instrument Number *583049-001* Mortgage Information Taxable Mortgage Amount: Basic Mortgage Tax: Special Mortgage Tax: Additional Mortgage Tax: Local Mortgage Tax: Mortgage Serial No.: This sheet constitutes the Clerk endorsement required by Section 316-A(5) & Section 319 of the Real Property Law of the State of New York. Tompkins County Clerk Please do not remove this page. (Belle Sherman Cottages, LLC) Stonnwater Maintenance Agreement OPERATION, MAINTENANCE, AND REPORTING AGREEMENT THIS AGREEMENT is effective this j�day of Qdo bcr , 2011, by and between the TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga Street, Ithaca, New York 14850 (the "Town"), and BELLE SHERMAN COTTAGES, LLC, 25 East Elizabeth Street, Skaneateles, New York 13152 (the "Owner"). WITNESSETH: WHEREAS, the Owner received final site plan/subdivision approval for Belle Sherman Cottages (the "Approval") from the Town's Planning Board by resolution number 2011-036, dated April 19, 2011, located at Mitchell and Vine Streets in the Town of Ithaca, Tompkins County, New York; WHERAS, the Subdivision Plat entitled "Belle Sherman Cottages", made by T. G. Miller P.C., dated March 2, 2011, was filed in the Tompkins County Clerk's office on August 11, 2011 as Instrument Number 579183-001; and WHEREAS, such Approval was granted conditional upon the construction and maintenance of the approved stormwater facilities, submission of an annual stormwater inspection report, and an agreement with the Town regarding the same; NOW, THEREFORE, in consideration of the granting of the Approval and in furtherance of the public purposes of providing adequate stormwater retention and maintenance, the parties agree as follows: 1. Construction of Facilities. The Owner agrees to construct all of the stormwater management facilities, erosion control facilities and storm drainage facilities (collectively referred to as the "Facilities") shown on the final plans which are part of the Approval, copies of which are on file in the Town of Ithaca offices. Without limiting the foregoing, the Owner agrees to construct, at its expense: (a) The stormwater sand filter facility, which shall be constructed and located in accordance with the Stormwater Pollution Prevention Plan, dated February 2011, prepared by O'Brien & Gere Engineers, P.C. (referred to in this Agreement as the "Drawings"); and (b) All other Facilities, including pipes, mains, drains, outlet and inlet structures, manholes, and all other drainage -related facilities and structures, whether above or below grade, which shall be located substantially as shown on the Drawings; and (c) Such future Facilities as may be required to be constructed by applicable laws, rules or regulations. The foregoing shall not be construed to require the construction of f aure Facilities where applicable laws, rules or regulations grandfather in any existing Facilities and do not require the construction of Future Facilities." All of such Facilities shall be constructed as shown on the Drawings, in accordance with Page 1 1835059 10 8/15/2011 (Belle Sherman Cottages, LLC) Stormwater Maintenance Agreement good engineering practice and applicable New York State standards and specifications, and to the reasonable satisfaction of the Town Engineer. 2. Inspection Maintenance and Repair of Facilities. The Owner agrees for itself, its legal representatives, successors and assigns and any other persons or entities who obtain title to any portion of the properties on which any of the Facilities are located, to operate, maintain and repair the Facilities to insure that the Facilities continue to function for their intended purpose and as designed. In furtherance of such obligation, and without limiting the obligations set forth in the preceding sentence, the Owner agrees to follow the maintenance plan for regular and recurring inspections and maintenance of the Facilities which is part of the Approval and is set forth in the Stormwater Pollution Prevention Plan, dated February 2011, prepared by O'Brien & Gere Engineers, Inc. In addition, the Owner shall perform such other inspections, maintenance and repair as may be reasonably required by the Town Engineer in order to assure the continued operation of the Facilities as intended and designed. The Owner, at its own expense, shall perform all of the foregoing inspections, maintenance and repair and any other inspections, maintenance and repair reasonably necessary to keep all Facilities functioning in a good and workmanlike manner. 3. Town Inspections and Repair. The Owner shall grant to the Town the permanent easement and right-of-way which is attached to this Agreement as Exhibit A. The Owner agrees the Town may enter upon the property described in Exhibit A as Easement No. 1 and Easement No. 2, and the lots described in the Right of Access in Exhibit A, or any portion thereof, for the purposes of observing and inspecting the Facilities at any time and from time to time as may be deemed appropriate, necessary or desirable by the Town, the Town Engineer, or other officers or employees of the Town, and to make repairs to the Facilities as set forth below. If maintenance deficiencies are found as a result of such inspections, the Town Engineer will notify the Owner in writing, and the Owner shall cause needed repairs to be made within the number of days set forth in such notice. If the Owner fails to complete the repairs to the satisfaction of the Town Engineer within the required period, the Town reserves the right (but does not have the obligation) to have the repairs made and will charge the Owner for the reasonable cost of such repairs. The Owner agrees to pay the reasonable cost for such repairs within 10 days after demand for same. Notwithstanding the foregoing, if an emergency exists requiring immediate action, the Owner hereby authorizes the Town, its officers, agents, contractors and employees, to enter upon the property and effect emergency repairs to any portion of the Facilities in the event of a threat to the safety of the Facilities or properties adjacent to or downstream of any portion of the Facilities, with the reasonable cost of such repairs to be reimbursed by the Owner to the Town within 10 days of demand for same. When any portion of any Facility is located off -site or on the property of a third party, the Owner, at its sole cost and expense, shall obtain easements and rights -of -way thereto acceptable to the Town. 4. Contest of Bills. In the event the Town makes repairs and issues a demand for reimbursement, and the Owner disputes either the need for the repairs or the cost of the repairs, the Owner, in lieu of paying the amount demanded shall, within 10 days of receipt of the demand, deliver to the Town Clerk at the Town offices a Notice of Contest stating that the need for the repairs, or cost, or both, is in dispute and concisely stating the basis for the dispute. Failure to serve such a Notice of Contest shall be deemed a waiver of any claim or defense that the amount demanded is not justified. If the Notice of Contest is timely filed, the Town shall, within forty-five days of the filing, arrange for a hearing before the Town Board which, based upon any relevant Page 2 1835059 10 8/15/2011 (Belle Sherman Cottages, LLC) Stornnwater Maintenance Agreement materials presented by the Town Engineer and the Owner, shall issue a resolution determining the dispute within 10 days after the hearing. Such resolution shall be filed with the Town Clerk, who shall arrange for delivery of a copy of the resolution to the Owner, within five days after such filing, at the address for such Owner set forth at the outset of this Agreement or at such other address as the Owner may designate in writing to the Town Clerk and Town Engineer. If the Owner disagrees with the resolution, it may bring a proceeding pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York, provided such proceeding is commenced within 30 days of the filing with the Town Clerk of the decision of the Town Board. The Owner agrees to the shortened statute of limitations of 30 days within which it must assert its claims in any Article 78 proceeding. Failure to timely institute such a proceeding shall be deemed an agreement with the decision of the Board. 5. Addition to Taxes. In the event the Town makes repairs and the Owner fails to reimburse the Town for the cost of said repairs within 10 days after the demand for same, or, if contested by the proceedings set forth above, fails to so reimburse within 30 days of the filing of the final decision on the contest determining the amount due to the Town, then such unpaid costs, expenses and interest at the per annum rate of 9% incurred from the date of repair shall constitute a lien upon the land on which the Facilities are located. The Town may bring a legal action or proceeding to collect such costs, expenses, interest, and recoverable attorney's fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property and Owner so that the Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs, expenses and interest upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The Owner agrees that the assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. In any action or proceeding brought hereunder, the prevailing party shall be entitled to recovery from the other party of its reasonable costs in prosecuting or defending any action, including reasonable attorneys' fees. The prevailing party shall be determined by the court determining the matter. "Prevailing party" shall mean a party which is awarded all or substantially all of the relief demanded by such party. 6. Annual Infection Report. The Owner shall submit an annual stormwater inspection report to the Town Engineer on or before the first day of October of each year, with the first report being submitted the first October following the issuance of the Building Permit. Such reports shall, at a minimum, include the location of the property, Owner's contact information, a summary of completed inspections and results of such inspections, and a summary of any maintenance activities or corrective actions undertaken. Annual reports shall be signed by the Owner or other legally responsible party, and shall attest to the accuracy of the information provided in the report. Failure to submit the annual reports, or the submission of inaccurate reports, shall constitute a condition of nun-coinpliance with the site plan/subdivision Approval and be subject to enforcement as outlined below. 7. Alterations and Discontinuation of Facilities. The Owner shall not authorize, Page 3 1835059.10 8/15/2011 (Belle Sherman Cottages, LLQ Stonnwater Maintenance Agreement undertake or permit alteration, abandonment, modification or discontinuation of the Facilities except in accordance with written approval of the Town and pursuant to any applicable requirements for modification of site plans/subdivision approvals. 8. Additional Requirements. The Owner shall comply with all Town of Ithaca stormwater operation, maintenance or reporting local laws, ordinances and regulations as they now exist or are hereafter added or amended. 9. Recording. This Agreement shall be recorded in the office of the Tompkins County Clerk and when recorded shall be referenced to the deeds for tax parcels 63-2-10.3, 59-1-1, 59-1-2, 59-1-3, and 59-1-4. The costs of recording and referencing to affected deeds and parcels of land shall be the responsibility of the Owner. 10. Binding Effect and Enforcement. (a) The Owner, its legal representatives, successors and assigns, and any other persons or entities who obtain title to any portion of the properties on which any of the Facilities are located shall be bound by the terms of this Agreement. The Owner shall execute whatever documents are necessary to make this Agreement binding on any persons or entities who obtain title to any portion of the properties on which any of the Facilities are located. (b) Failure to comply with any of the requirements of this Agreement shall, without limiting the remedies otherwise available to the Town, constitute a condition of non- compliance with the site plan/subdivision Approval, shall be deemed a violation of the Town's Zoning Ordinance, and shall be subject to enforcement as outlined in Section 270- 239 of the Town of Ithaca Code and Section 268 of the Town Law. 11. Representation as to Authority. Each of the persons executing this Agreement on behalf of the parties represents that he or she has full authority to execute the same on behalf of his or her party, and that by his or her execution, the party for which he or she is executing this Agreement is fully bound by its terms. 12. Limitation upon Town Liability and Indemnity. The Town shall not be liable or responsible for any injury to persons or damage to property due to the Town's actions, or failures to act, under or pursuant to this Agreement, unless it is proven to a reasonable degree of certainty that such injury or damage was caused by a reckless or intentional wrongful act of the Town or, where the Owner is not in breach of this Agreement and no emergency situation exists, by the Town's negligence. The Owner agrees to indemnify and hold harmless the Town and its employees, agents, subcontractors and consultants for all damages, losses and claims that arise out of the Owner's and/or Town's actions or failures to act under or pursuant to this Agreement, except this indemnification shall not extend to the proportion of damages, losses and claims caused by a reckless or intentional wrongful act of the Town or, where Owner is not in breach of this Agreement and no emergency situation exists, by the Town's negligence. Such indemnity shall include the costs of defending any action of this kind, including reasonable attorney fees, expert fees, and other litigation costs. Page 4 1835059.10 8/15/2011 (Belle Sherman Cottages, LLC) Stornavater Maintenance Agreement 13. Waivers. Where the Town Board finds that, due to the special circumstances of a particular case, a waiver of certain requirements in this Agreement is justified, a waiver may be granted. In all cases, no waiver shall be granted unless the Town Board finds and records in its minutes that: (1) granting the waiver would be in keeping with the intent and spirit of this Agreement, and is in the best interests of the community; (2) there is no adverse effect upon the character, appearance, or welfare of the neighborhood and any watercourses, watersheds, or surface waters; (3) there are special circumstances involved in the particular case; (4) denying the waiver would result in undue hardship, provided that such hardship has not been self-imposed; and (5) the waiver is the minimum necessary degree of variation from the requirements of this Agreement. 14. Severability. In the event that any portion of this Agreement is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. (Signatures on following page) Page 5 1835059.10 8/15/2011 (Belle Sherman Cottages, LLC) Stormwater Maintenance Agreement IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year first above written. TOWN OF ITHACA --4 . 9a 0 A I k By: Qh14-- Date William Goodman, Deputy Supervisor BELLE SHERMAN COTTAGES, LLC By: AGORA FUND A, L.P. Managing Member By: Agora GP I, LLC General Partner of Managing Member ��— Le: To S. N11fiman Title Member and Manager Date: !d zo Page 6 1835059.10 8/15/2011 (Belle Sherman Cottages, LLQ Stormwater Maintenance Agreement STATE OF NEW YORK COUNTY OF TOMPKINS : ss.: On the � day of n the year 2011before me, the undersigned, personally appeared WILLIAM GOODMAN rsonally 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 the instrument, the individual(s), or the person upon behalf of wIthevidual(s) acted, executed the instrument. PoAULary PubTTE TcERYM UXIER NaWy N�7Soft 80� York STATE OF NEW YORK OOMMMon ExpiresDeownbeir 4, 6AA COUNTY OF IS : ss.: a'�� On the A day of 0 Qk> in the year 2011 before me, the undersigned, personally appeared TOBY S. MILLMAN personally known to me or proved to me on the basis of satisfactory evidence be the individual whose name is (*j subscribed to the within instru t and acknowledged to me that he she/they executed the same in is er/their capacity(ies), and that b hi er/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the in ividual(s) acted, executed the instrument. Notary Puke R wda G. Raper Notary Pubfic, State of New York Qualified in Cayuga County N 01 RA49W45 Commission Expires Page 7 1835059.10 8/15/2011 (Belle Sherman Cottager, LLC) Storrnwater Maintenance Agreement Exhibit A PERMANENT WATER, SEWER, ACCESS, STORMWATER/DRAINAGE EASEMENTS AND RIGHTS OF WAY THIS INDENTURE is made this ZO* day of 0 cAv bz r , 2011 by and between BELLE SHERMAN COTTAGES, LLC, a New York limited liability company, c/o, Agora Homes and Development, LLC, 25 East Elizabeth Street, Skaneateles, New York 13152 ("Grantor"), and the TOWN OF ITHACA, a municipal corporation of the State of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 ("Grantee" or the "Town"). Grantor is the owner of a certain parcel of land totaling approximately 3.1 acres, located in the Town of Ithaca, Tontiplt saCoTVW,)Jork, commonly known as Belle Sherman Cottages (the "Premises"), and shown on a SubdivisionPlOtntk4ed "Belle Sherman Cottages", made by T. G. Miller P.C., dated March 2, 2011, and fled in 4County Clerk's office on August 11, 2011 as Instrument Number 579183-001, a copy of which.Subdivisiob 44avis aarinexed to this Indenture as Exhibit A (the "Subdivision Plat"). The Subdivision Plat shows an easement area delineating a water, sewer, access and stormwater/drainage easement area ("Easement Area No. I"), an easement area identified as a Stormwater Management Area easement ("Easement Area No. 2"), and an easement area delineating a sanitary sewer easement area ("Easement Area No. 3"). NOW WITNESSETH, that Grantor, in consideration of One and 00/100 Dollar ($1.00) and other good and valuable consideration paid by the Town, the receipt and sufficiency of which are hereby acknowledged by Grantor and the Town, does hereby grant, remise, relinquish and release unto the Town, its successors and assigns forever: An EASEMENT and RIGHT-OF-WAY over, under and across Easement Area No. 1 (i) to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of water and sewer mains, laterals, collectors, lines and pipes, together with any and all necessary or desirable related appurtenances and devices, together with the rights of free ingress and egress in, over, across, upon, and under Easement Area No. 1 for these purposes, (ii) for access by pedestrians and vehicles over the paved street within Easement Area No.1, (iii) for access by pedestrians over the sidewalks within Easement Area No. 1, (iv) for access by pedestrians and bicycles to and from the path adjacent to the northeast boundary of the Premises, and (v) for access to the playground on the Premises, being the area of the permanent easement and right-of-way herein granted, including the right to trim and/or remove trees, shrubs and other obstructions upon Easement Area No. 1 to the extent those obstructions are not permitted under this Indenture. Subject to the terms and conditions of an Operation, Maintenance, and Reporting Agreement (the "Operating Agreement"), made as of or near the date of this Indenture, between Grantor, as Owner, and the Town, which Operating Agreement will be recorded in the Tompkins County Clerk's office, an EASEMENT and RIGHT-OF-WAY over, under and across Easement Areas No. 1 and No. 2 to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of stormwater, drainage and/or sediment control facilities, including ditches, ponds, and any and all necessary or desirable related appurtenances and devices, together with the right of free ingress and egress in, over, across, upon, and under Easement Areas No. 1 and No. 2 for these purposes, being the area of the permanent easement and right-of-way herein granted, including the right to trim and/or remove trees, shrubs and other obstructions upon Easement Areas No. 1 and No. 2 to the extent the obstructions are not permitted under this Indenture. A-1 1835059 10 8/15/2011 (Belle Sherman Cottages, LLC) Stormwater Maintenance Agreement An EASEMENT and RIGHT-OF-WAY over, under and across Easement Area No. 3 to excavate, install, Jay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of a sanitary sewer main, any laterals, pipes, lines or collectors within the easement area, together with any and all necessary or desirable related appurtenances and devices, together with the right of free ingress and egress in, over, across, upon, and under Easement Area No. 3 for these purposes, being the area of the permanent easement and right-of-way herein granted, including the right to trim and/or remove trees, shrubs and other obstructions upon Easement Area No. 3 to the extent the obstructions are not permitted under this Indenture. A RIGHT OF ACCESS over, under and across Lots 13, 14, 15, 16, 17, 18, and southerly upon or near Lot 25 to maintain, repair or replace the stormwater pipes and catch basins running through or along those Lots in the event the owners of those Lots fail to maintain, repair or replace the stormwater pipes and catch basins running through or along those Lots. FURTHER WITNESSETH: That Grantor covenants and agrees that, except for buildings, foundations and other improvements to be constructed, used and maintained on or beneath the surface of the Premises (including on or beneath the surface of any portions of Easement Area No. 1, Easement Area No. 2 or Easement Area No. 3) in accordance with permits and approvals issued by Grantee, no buildings or structures shall be constructed within Easement Area No 1, Easement Area No. 2 or Easement Area No. 3 that will in any way interfere with complete access by the Town, its successors, assigns, employees and agents to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any mains, laterals, collectors, lines, pipes, or stormwater, drainage, and/or sediment control facilities, including ditches and ponds, or other and related appurtenances and devices permitted within those easement areas. AND, Grantor further covenants and agrees: 1. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except for buildings, foundations and other improvements to be constructed, used and maintained on or beneath the surface of the Premises (including on or beneath the surface of any portions of Easement Area No. 1, Easement Area No. 2 or Easement Area No. 3) in accordance with permits and approvals issued by Grantee, no buildings or structures shall be constructed or placed within Easement Area No. 1, Easement Area No. 2 or Easement Area No. 3 that will in any way interfere with complete access by the Town, its successors, assigns, employees and agents to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any mains, laterals, collectors, lines, pipes, or stormwater, drainage, and/or sediment control facilities, including ditches and ponds, or other and related appurtenances and devices permitted within those easement areas. 2. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except for trees or other plants to be installed and maintained on or beneath the surface of the Premises (including on or beneath the surface of any portions of Easement Area No. 1, Easement Area No. 2 or Easement Area No. 3) in accordance with permits and approvals issued by Grantee, no trees or other plants will be planted or cultivated within or near Easement Area No. 1, Easement Area No. 2 or Easement Area No. 3 that may interfere with the rights granted by this Indenture. 3. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except to the extent necessary for the construction, use and maintenance of buildings and other improvements on the Premises in accordance with permits and approvals issued by Grantee, Grantor will not permit or conduct any mining, excavation, construction or blasting within Easement Area No. 1 Easement Area No. 2 or Easement Area No. 3. A-2 1835059 10 8/15/2011 (Belle Sherman Cottages, LLQ Storinwater Maintenance Agreement 4. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except during the construction or maintenance of buildings, foundations and other improvements to be constructed, used and maintained on or beneath the surface of the Premises (including on or beneath the surface of any portions of Easement Area No. 1, Easement Area No. 2 or Easement Area No. 3) in accordance with permits and approvals issued by the Grantee, Grantor will not engage in any conduct, directly or indirectly, that blocks, obstructs, or interferes with the ingress and egress rights of the Town, and of its successors, assigns, employees and agents, granted by this Indenture. 5. Grantor, for itself and all of its successors and assigns, covenants and agrees that all conveyances of all or any portion of the Premises shall make reference to and be subject to the rights granted to the Town of Ithaca by this Instrument. AND FURTHER, Grantor and the Town acknowledge that the easements and rights -of -way hereby granted are fully assignable by the Town to any successor or assign, or to any existing or future improvement district(s), without prejudice or recourse. TO HAVE AND TO HOLD said rights -of -way and easements unto the Town, its successors and assigns forever, it being the intent of Grantor to have these easements and all related rights -of -way herein expressed run with the Premises forever, and be permanent and perpetual. AND THE TOWN DOES COVENANT that Grantee will at all times, when it enters the Premises for any purpose related to the permanent easements as granted by this instrument, leave the Premises, Easement Area No. 1, Easement Area No. 2 and Easement Area No. 3 in a neat and presentable condition, returning the Premises, Easement Area No. 1, Easement Area No. 2 and Easement Area No. 3 as nearly as practicable to its condition before such entry. (Signatures on following page) A_3 1835059.10 8/15/2011 (Belle Sherman Cottages, LLC) Stormwater Maintenance Agreement IN WITNESS WHEREOF, Grantor and Grantee have hereunto set their hands and seals as of the day and year first above written. mow.?'•�:+.phi alC*iitpt,.'i Ph„�'Xb� BELLE SHERMAN COTTAGES, LLC By: AGORA FUND A, L.P. Managing Member By: Agora GP I, LLC General Partner of Managing Member By: ') N e: T S.1VZi'Ilman Title Member and Manager TOWN OF ITHACA By: 0�Z�-ivav William Goodman, Deputy Supervisor A-4 1835059 10 8/15/2011 (Belle Sherman Cottages, LLC) Stormwater Maintenance Agreement STATE OF NEW YORK ) COUNTY OF ONONgD�AGA ) ss.: c ' \ J On the day of m the year 2011 before me, the undersigned, personally appeared , pers nally known to me or proved to me on the basis of satisfactory evidence to be the indivi�c�ual`(s ose ai'n�(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 the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. STATE OF NEW YORK ) COUNTY OF )0)(P" _ ) ss.: Notary Public IPAU V ITYEE!! bWP VM% No.01TE8 OMO Ck~ In elan MwS4. �.G./ On the< day of in the year 2011 before me, the undersigned, personally appearedi$d, personally known to me or proved to me on the basis of satisfactory evidence eiAv`I'auatl%Dose name is (�K) subscribed to the within i ment and acknowledged tome th t she/they executed the same in is er/their capacity(*, and that b hi /her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the indivi ual(s) acted, executed the instrument. N tary Public Ij Rhonda G. Raper Notary Public, State of New York Qualified in Cayuga County # C1RA4M45 Commission Expires e ` A-5 1835059.10 8/15/2011 (Belle Sherman Cottages, LLC) Stormwater Maintenance Agreement 2011 EXHIBIT A Zz n RUN f- I b.t'7077AC6,S yry24 9 hLLh SH6RMA AGORA HOMES AND DEVELOPMENT, I C i3Y 67 �' NIIC4Flt SIRtE! .Vq vNIE STREFf i f �� 9 '�„�� � q,TAV�T+„G T01&KiNS L{RINM VF.yy xiNL[ � - A-L 1835059 10 8/15/2011