MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into the day of, 200 by and between and Stormking, Inc., Address, Town, NY, Zipcode, hereinafter referred to as the Facility Owner, Town of Linus, a municipal corporation with an address at Address, Town, NY, Zipcode, hereinafter referred to as the Town. WITNESSETH; WHEREAS, Stormking, Inc. is the owner of a portion of land situated: at the southwest corner of Smart Avenue and Foresight Street, in the Town of Linus, County of Hardwork and State of New York (the Stormking Parcel ), and is intended to become the owner of additional land adjacent to the Stormking Parcel (the Adjacent Parcel, and collectively with the Stormking Parcel, the Assemblage Property ); and WHEREAS, the Assemblage Property is intended to combine the Adjacent Parcel and Stormking Parcel, under sole ownership of Stormking Inc., to be developed for a retail drug store pursuant to a ground lease agreement with Fastscript Pharmacy, LLC; and WHEREAS, The Fastscript Pharmacy, LLC design engineer, Smart Growth Engineering, PC (the Engineer ), has determined that the proposed project requires coverage under the NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activity Permit No. GP-02-01; and WHEREAS, The Facility Owner referenced above shall be indicated as the Owner/Operator on the Notice of Intent (NOI) filed for the construction of the Stormwater Management System under consideration; and WHEREAS, the Town and the Facility Owner desire that, provided the Facility Owner acquires the Adjacent Parcel and Fastscript Pharmacy, LLC develops the Assemblage Property for a retail store, a Stormwater Management System shall be built in accordance with the Town approved project documents for said development and shall thereafter be operated, maintained, cleaned, repaired, replaced and continued in perpetuity in order to ensure optimum performance of the components. Therefore, the Town and Facility Owner agree to the following: 1. The Facility Owner Shall Construct a stormwater management system that includes a (F-3) Perimeter Sand Filter and (F-4) Organic Sand Filter as described in the latest revision of the New York State Stormwater Management Design Manual (NYSSMDM). 2. The Facility Owner shall repair and maintain the stormwater management system to ensure that it shall remain in full operation. In connection with this duty, (per the NYSSMDM) the Facility Owner shall do the following: A. Sediment shall be cleaned out of the sedimentation chamber when it accumulates to a depth of more than six inches. Vegetation within the sedimentation chamber shall be limited to a height of 18 inches. The sediment chamber outlet devices shall be cleaned/repaired when drawdown times exceed 36 hours. Trash and debris shall be removed as necessary. B. Silt/sediment shall be removed from the filter bed when the accumulation exceeds one inch. When the filtering capacity of the filter diminishes substantially (i.e., when water ponds on the surface of the filter bed for more than 48 hours), the top few inches of discolored material shall be removed and shall be replaced with fresh material. The removed sediments shall be disposed of in an acceptable manner (i.e., landfill).
3. The Facility Owner represents and ensures that the following design documents contain all necessary information to construct, operate and maintain the (F-3) Perimeter Sand Filter and (F-4) Organic Sand Filter for the lifetime of the facility, as required by NYSDEC for compliance with the conditions of NYSDEC GP-02-01: A. Site Plans approved by the Town Board on Month Day, 2005 consisting of a cover sheet and drawings C-1 through C-10, SV-1, SV-2, and Ph-1 prepared by Smart Growth Engineering, P.C. B. Storm Water Pollution Prevention Plan (SWPPP) dated Month, 2005, prepared by C. Maintenanc plan with associated operations and maintenance manuals, dated, prepared by D. Any amendments to the documents set forth in this paragraph, approved by the Town of Linus. 4. The Facility Owner shall arrange for the periodic inspection of the stormwater management system, not less than once in every 12 months, to determine the condition and integrity of the system. Such inspection shall be performed by a licencsed/certified professional in the State of New York, retained by the Facility Owner. The inspecting professional 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 system. The inspection report shall be certified to both the Facility Owner and to the 5. The Facility Owner shall undertake all recommended actions and necessary repairs including replacement of the stormwater control measures in accordance with the recommendations of the inspecting Engineer or as directed by the The Facility Owner is responsible for all related expenses. 6. Failure to properly maintain the stormwater management facility could potentially result in a violation of the New York State Environmental Conservation Law. 7. The Town may enter the property at reasonable times and in a reasonable manner for the purpose of inspecting the stormwater management system. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices 8. If ever the Town determines that the Facility Owner has failed to construct or maintain the stormwater control measures in accordance with the documents cited in Item 3 above, or has failed to undertake corrective action specified by the Town or inspecting engineer, the Town 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. 9. This agreement shall be recorded in the Albany County Clerks Office, together with the deed for the property and shall be included in any approved offering plan and/or prospectus listed in Item 3 above. A copy of the recorded agreement, including evidence of the actual recording(s) shall be provided to the 10. 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 11. The Facility Owner shall disclose this agreement to a successor or assignee in interest. 12. This agreement is binding upon the Facility Owner and a successor or assignee in interest in accordance with its terms. 13. This agreement may not be altered except in writing, signed by the
IN CONSIDERATION thereof, the Facility Owner agrees to provide for the construction, longterm inspection, maintenance and continued operation of the approved Stormwater Management System. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed by their duly authorized officers, and made effective, as of the day and year first above written. Town of Linus, New York [ ] By: Town of Linus By:_Stormking, Inc. Randall DeNascimento, Supervisor Guy Smiley, Officer Date: Date:
STATE OF NEW YORK ) ) SS.: COUNTY OF HARDWORK ) On the day of, before me personally came [ ], known to me, who, being by me duly sworn, did depose and say that he/she resides at [ ], New York, that he/she is an authorized representative of [ ] 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 acknowledgement to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, and the LLC upon behalf of which the individual acted, executed the instrument. Notary Public State of New York
STATE OF NEW YORK ) ) SS.: COUNTY OF HARDWORK ) On the day of, before me personally came [ ], known to me, who, being by me duly sworn, did depose and say that she is the Supervisor of the Town of Linus, New York, described in and which executed the foregoing instrument; that she knows the seal of said Town; that the seal affixed to said instrument is the seal of said Town, and that she affixed the seal and signed said instrument by authority in her vested. Notary Public State of New York