WITNESSETH: WHEREAS, DD 4, DD 16 and DD 26 were duly formed and from time to time extended in accordance with New York State Town Law; and

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1 REGARDING THEIR CONSOLIDATION INTO A SINGLE DISTRICT This Agreement ("the Agreement ) is entered into this day of, 2011, between the Town of Amherst Storm Water Drainage District 4 (hereinafter DD 4 ), Town of Amherst Storm Water Drainage District 16 (hereinafter DD 16 ) and Town of Amherst Storm Water Drainage District 26 (hereinafter DD 26 ), Special Districts within the Town of Amherst, New York with a mailing address of 5583 Main Street, Amherst, New York, WITNESSETH: WHEREAS, DD 4, DD 16 and DD 26 were duly formed and from time to time extended in accordance with New York State Town Law; and WHEREAS, the purpose of DD 4, DD 16 and DD 26 is to manage the flow of stormwater from all categories of land use, control flooding of improved properties and provide for the health, welfare and safety of the residents of the Town of Amherst by collecting, detaining and transporting stormwater from the community s neighborhoods and business districts; and WHEREAS, New York State General Municipal Law Article 17-A Section 751 provides that two or more local governmental entities may be consolidated into a single local governmental entity if together the consolidated local government entity forms a local government entity of a kind or class that is authorized under the laws of the State of New York; and WHEREAS, the Amherst Town Board has the overall authority for managing the operation, maintenance and finances of each drainage district serving the Town; and WHEREAS, after a review, the Town of Amherst Citizen s Advisory Committee recommended that DD 4, DD 16 and DD 26 be consolidated; and WHEREAS, on September 20, 2010, the Amherst Town Board adopted Resolution (Merging Drainage Districts) directing the preparation for the process of consolidating DD 4, DD 16 and DD 26; NOW THEREFORE, the Town Board of the Town of Amherst, acting as the governing body of DD 4, DD 16 and DD 26, finds and agrees as follows: 1. Re: Naming The name of the proposed consolidated storm drainage district shall be Town of Amherst Consolidated Drainage District (hereinafter CDD ). Approved Drainage Consolidation Agreement

2 Page 2 2. Re: Rights, Duties and Functions of Existing and Consolidated District In accordance with New York State Town Law, DD 4, DD 16 and DD 26 were established by the Amherst Town Board for the purpose of collecting, detaining and conveying stormwater within designated areas of the Town. More specifically the districts: a) establish standards for the addition, upgrading and maintenance of drainage infrastructure b) perform technical studies to identify required improvements to drainage infrastructure c) approve and oversee construction of new drainage infrastructure by third parties d) manage contracts to replace and upgrade existing drainage infrastructure e) oversee/perform maintenance on exiting facilities and natural drainage features f) monitor the condition of drainage infrastructure g) establish priorities and budget estimates for drainage infrastructure improvements h) ensure compliance with environmental regulations and permits i) develop district s operating and capital budget j) coordinate budget development with the Town of Amherst s capital and operating budget The CDD will perform these duties and functions in the same manner as the three existing districts. 3. Re: Description of the Jurisdictional Area of Existing and Consolidated Districts The three existing drainage districts cover the entire Town of Amherst. DD 4 serves intensive development generally located southwest of Interstate Route 290 (Youngmann Expressway). With the exception of the Village of Williamsville, DD 16 provides stormwater collection and management services for a broad drainage area northeast of Route 290 and south of the former Peanut Line railroad right-of-way between Transit Road and Millersport Highway. West of Millersport Highway, the district boundary runs due north then turns westward through Nature View Park, intersecting Sweet Home Road at a point just south of Christine Drive. The boundary follows Sweet Home Road south to the intersection of North French Road where it turns westward following North French Road to its intersection with Niagara Falls Boulevard. DD 26 covers the remainder of the Town north of DD 16. The CDD will provide stormwater collection and management services for the same geographic area currently served by DD 4, DD 16 and DD 26. No changes to stormwater management service areas will be made in the process of consolidation. Appendix A entitled, Town of Amherst, Erie County, New York-Consolidated Drainage District attached hereto and made part of this agreement shows the areas served by DD 4, DD 16 and DD 26. Approved Drainage Consolidation Agreement

3 Page 3 4. Re: the governmental (administrative) organization of each district including a transitional plan and schedule for appointment of officials DD 4, DD16 and DD26 are governed by the Amherst Town Board. That Board is responsible for all policy, upper level management and financial decisions for all three districts. In that role, they approve the Capital Improvement Program and funding decisions related to capital projects and operations and maintenance. On the operational level, the Board approves contracts necessary for third party contractors to provide services and undertake system improvements. The Highway Department is responsible for carrying out the day-to-day operation of and improvement to the districts facilities. The operations include but are not limited to ensuring that all facilities are functioning in accordance with their design, repairing or replacing substandard facilities, and soliciting contractor assistance in replacing or repairing major drainage facilities. The department also plays a critical role in the development of operating budget proposals for Town Board consideration. The Amherst Town Board and the Town Highway Department will perform the identical roles for the CDD. No additional authority or responsibility will be required of either entity. 5. Re: inventory of districts assets and estimate of current value The assets and the value thereof for DD 4, DD 16 and DD 26 will become the assets of the CDD. No assets will be acquired and none will be liquidated in the process of consolidation. The current total value of DD 4, DD 16 and DD 26 will become the total value of the assets of the CDD. 6. Re: statement of districts financial condition including liabilities and indebtedness Budget allocations and revenue estimates have been extracted from the Town of Amherst 2011 Adopted Budget while Outstanding Debt has been calculated for each district based on the outstanding Bond and Bond Anticipation Note Principal Balances as of December 31, a) Table 1 entitled Town of Amherst Existing & Proposed Storm Drainage District Budgets and Revenue 2011, presents the budget expenditures and anticipated revenues for DD 4, DD 16 and DD26. In addition, it presents the anticipated budget for the Town of Amherst Consolidated Drainage District (CDD). Capital appropriations for the existing districts total $2,415,991 while maintenance appropriations amount to $2,080,749. Total appropriations for the districts are therefore $4,496,740. Total appropriations for the CDD will also be $4,496,740. No increases in capital and maintenance costs will accrue from the consolidation. In addition, revenues and appropriations from the fund balances will remain at current levels. The amount of the capital and maintenance costs raised in taxes will also remain at the current levels. Approved Drainage Consolidation Agreement

4 Page 4 Table 1 Town Of Amherst Existing & Proposed Storm Drainage District Budgets & Revenues 2011 Budgeted/Proposed Costs & Revenue DD4 DD16 DD26 CDD Debt Service $ 501,381 $ 404,284 $ 136,128 $1,041,793 Improvement of Facility 398, , ,794 1,374,198 Total Capital Appropriations $ 899,999 $1,016,070 $499,922 $2,415,991 District Maintenance $ 935,793 $ 931,978 $613,086 $2,480,856 Mosquito Control (net of revenue) 23, , , ,901 Revenues (not including property taxes) (27,145) (43,288) (22,574) (93,008) Appropriated Fund Balance (196,250) (353,250) (235,500) (785,000) Total Maintenance Appropriations $ 736,292 $ 869,960 $474,487 $2,080,749 Total Appropriations $1,636,291 $1,886,040 $974,409 $4,496,740 Note: Budget allocations and estimated revenues are from the Town of Amherst 2011 Adopted Budget b) Table 2 entitled Town of Amherst Existing & Proposed Storm Drainage District Outstanding Debt Summary 2011, presents the Outstanding Principal on Bonds and Bond Anticipation Notes as of December 31, The total outstanding principal balance on these bonds and notes for DD 4, DD 16 and DD 26 is $7,140,231. The Town of Amherst Consolidated Drainage District (CDD) will assume full responsibility for bond amortization payments on these bonds and notes up to the amount of $7,140,231. No additional bonded indebtedness will be incurred as a result of the consolidation. Approved Drainage Consolidation Agreement

5 Page 5 Table 2 Town Of Amherst Existing & Proposed Storm Drainage District Outstanding Debt Summary 2011 DD4 DD16 DD26 CDD $2,726,621 $3,242,588 $1,171,022 $7,140, Re: terms of the disposition of assets, liabilities and indebtedness The assets, liabilities and indebtedness of DD 4, DD16 and DD26 as described herein will become the assets, liabilities for the CDD. No assets will be acquired or disposed of in the course of the consolidation. All existing liabilities and indebtedness as described herein will become the liabilities and indebtedness of the CDD. 8. Re: terms for the administration and enforcement of regulations Ensuring the proper administration and the enforcement of regulations that apply to the financing, accounting, operation and maintenance of DD 4, DD16 and DD26 is the responsibility of the Amherst Town Board. Specific operations and maintenance tasks necessary for compliance with applicable regulations are the responsibility of the Town of Amherst Highway Department. The Town Board and the Town of Amherst Highway Department will continue to exercise the responsibilities for the administration and enforcement of regulations in the manner currently employed for DD 4, DD16 and DD26 for the CDD. 9. Re: estimate of cost savings accruing from consolidation No additional costs will accrue from the consolidation of DD 4, DD16 and DD26. No cost savings associated with the consolidation have been calculated, although an undetermined amount of administrative cost savings are expected. Such savings would result from the elimination of duplication of administrative costs associated with planning, budgeting and accounting. 10. Re: Public Hearing A public hearing on the endorsed joint consolidation agreement was held on Monday, June 20, 2011 at 7:00 p.m. in the Amherst Town Hall, 5583 Main Street, Williamsville, New York Approved Drainage Consolidation Agreement

6 Page Re: Effective Date The effective date of the joint consolidation agreement is June 20, Property taxes for the Town of Amherst Consolidated Drainage District will be levied in the January 2012 Property Tax Bill. In witness whereof, Town of Amherst acting in the capacity of the duly authorized governing body for DD 4, DD 16 and DD 26 hereby executes this agreement on the date set forth below. Town of Amherst By: Barry A. Weinstein, Supervisor Date: State of New York ) County of Erie ) SS.: On this day of, 2011, before me, the undersigned personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Approved Drainage Consolidation Agreement