Stormwater Agreement147 Attachment 5:1 04 - 15 - 2009
Hoffman Carwash 919 State Route 9 Stormwater Control
Facility Maintenance Agreement
Whereas, the Town of Queensbury ('municipality') and Hoffmann Development Corp
(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 for the Hoffman Carwash Facility
at 919 State Route 919 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).
147 Attachment 5:2 04 - 15 - 2009
QUEENSBURY CODE
8. This agreement shall be recorded in the Office of the County Clerk, County of
Warren, 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.
10. This agreement is effective beginning on: .