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HomeMy WebLinkAbout20260091 Lexington Rd & Bemis Heights Rd Subdivision Modification Draft Maintenance Agreement 03.25.20261 MAINTENANCE AGREEMENT THIS MAINTENANCE AGREEMENT (this “Agreement”) is made the ______ day of _____________, 2026, by and between THE CITY OF SARATOGA SPRINGS, a municipal corporation organized and existing under the laws of the State of New York with offices at City Hall, 474 Broadway, Saratoga Springs, New York 12866 (hereinafter, the “City”) and AAADMC Ventures LLC, a limited liability company formed and existing in the State of New York, having an address of 1 Nadeau Road, Halfmoon, New York 12065 (hereinafter, the “Facility Owner”). WHEREAS, the City and the Facility Owner desire to enter into an agreement to provide for the long term maintenance and continuation of certain stormwater water quality basins approved by the City for the project known as the Bemis Point Subdivision located in the City of Saratoga Springs (the “Project”); and WHEREAS, the subdivision map for the project has been recorded in the Saratoga County Clerk’s Office as Map No. ____________; and WHEREAS, there are two (2) stormwater water quality basins designated on the approved plans for the Project, one located on Lot 2 and the other located on Lot 13 (hereinafter, individually a “Water Quality Basin” and collectively the “Water Quality Basins”); and WHEREAS, the City and the Facility Owner desire that the Water Quality Basins be built and established in accordance with the approved plans for the Project and thereafter be maintained, cleaned, repaired, replaced and continued in perpetuity in order to ensure optimum performance of the components; and WHEREAS, attached hereto as Schedule A is a legal description of Lot 2; and WHEREAS, attached hereto as Schedule B is a legal description of Lot 13; NOW, THEREFORE, the City and the Facility Owner agree as follows: 1. This Agreement binds the City and the Facility Owner, and their respective successors and/or assigns, to the maintenance provisions set forth herein. 2. The Facility Owner shall maintain, clean, repair, replace and continue the Water Quality Basins as necessary to ensure optimum performance of the Water Quality Basins to design specifications. 3. The Facility Owner shall be responsible for all the expenses related to the maintenance of the Water Quality Basins. 4. The Facility Owner shall provide for the annual inspection of the Water Quality Basins by a qualified and licensed professional to determine the condition and integrity of the Water Quality Basins. The inspecting professional shall prepare and submit to the City, within thirty (30) days 2 of each inspection, a written report of the findings including recommendations for those actions necessary for the continuation of the Water Quality Basins. 5. The Facility Owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the Water Quality Basins except in accordance with written approval from the City. 6. The Facility Owner shall undertake necessary repairs and replacement of the Water Quality Basins at the direction of the City or in accordance with the recommendations of the inspecting professional, provided those recommendations have been previously approved by the City. 7. If ever the City determines that the Facility Owner has failed to maintain the Water Quality Basins in accordance with this Agreement or has failed to undertake corrective action as specified by the City or by the inspecting professional, the City is authorized to undertake such steps as may be reasonably necessary for the preservation, continuation or maintenance of the Water Quality Basins and to affix the expenses as a lien against the property on which the Water Quality Basin is located. 8. The City, its officers, employees, agents and representatives, shall have an easement in, across, through and under Lots 2 and 13, for the benefit of the public, for the purpose of inspecting the Water Quality Basins to determine whether the Water Quality Basins are being maintained, cleaned, repaired, replaced and continued in accordance with the terms of this Agreement, and for purposes of undertaking such steps as may be reasonably necessary for the preservation, continuation or maintenance of the Water Quality Basins as provided for in Section 7 above. 9. This Agreement shall be recorded in the Saratoga County Clerk’s Office. Every deed to property subject to this Agreement, that is Lot 2 and Lot 13 of the approved Bemis Point Subdivision, shall be subject to the provisions of this Agreement including, but not limited to, the provisions of Section 8 granting an easement to the City as set forth therein. 10. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. 11. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURE PAGES FOLLOW] 3 IN WITNESS WHEREOF, the City has executed this Agreement as of the date first set forth above. CITY OF SARATOGA SPRINGS ______________________________ By: Per Council Approval on _________ State of New York : :ss.: County of Saratoga : On this ____ day of _______, 2026, before me, a Notary Public in and for the said State, 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 or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual or the person on behalf of which the individual acted, executed the instrument. ________________________________ Notary Public 4 IN WITNESS WHEREOF, the Facility Owner has executed this Agreement as of the date first set forth above. FACILITY OWNER AAADMC VENTURES LLC By:_____________________________ Name: Title: Member State of New York : :ss.: County of Saratoga : On this ____ day of _______, 2026, before me, a Notary Public in and for the said State, 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 or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual or the person on behalf of which the individual acted, executed the instrument. ________________________________ Notary Public 5 SCHEDULE A Legal Description of Lot 2 6 SCHEDULE B Legal Description of Lot 13