DECLARATION OF COVENANTS AND RESTRICTIONS AND STORMWATER CONTROL FACILITY EASEMENT AND MAINTENANCE AGREEMENT

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3 DECLARATION OF COVENANTS AND RESTRICTIONS AND STORMWATER CONTROL FACILITY EASEMENT AND MAINTENANCE AGREEMENT THIS STORMWATER CONTROL FACILITY EASEMENT AND MAINTENANCE AGREEMENT ( Agreement ) is made and entered into as of this day of, 2017, by and between RICHARD MADRIS and SUSAN MADRIS, 7 Deer Ridge Lane, Armonk, NY (hereinafter referred to as the Grantors ), and the Town OF NORTH CASTLE (the Town ) a New York municipal corporation having its principal place of business at 17 Bedford Road, North Castle, New York, WITNESSETH: WHEREAS, the Grantors are the owners of certain real property which is more fully described in Schedule A annexed hereto and made a part hereof and shown on a certain Subdivision Map entitled, dated, last revised, prepared by Thomas C. Merritts Land Surveyor, P.C. (the Subdivision Map ), which is intended to be recorded in the Office of the Westchester County Clerk, Division of Land Records; and WHEREAS, the Town of North Castle Planning Board on November 21, 2016 adopted a resolution (the Resolution ) granting final subdivision plat approval (the Approval ) for the Property as hereinafter defined; and WHEREAS, the Grantors are the current owners of Lots 1, 2, 3, 4, and 5 as shown on the Subdivision Map (collectively the Property ); and WHEREAS, Lots 1, 2, 4, and 5 as shown on the Subdivision Map will each be improved with a single-family home; and WHEREAS, Lot 3 as shown on the Subdivision Map is already improved with a singlefamily home, which home will remain; and WHEREAS, Deer Ridge Lane is a road serving Lots 1, 2, 3, 4, and 5, which road is being offered for dedication to the Town; and WHEREAS, the stormwater mitigation servicing Lot 1 shall be located on an adjacent parcel which is not part of the Property and such mitigation shall be the subject of a drainage easement with respect to Lot 1 and the adjacent parcel, which drainage easement shall be recorded in the office of the Westchester County Clerk, Division of Land Records; and WHEREAS, the stormwater mitigation servicing Lots 2 and 3 shall be located on those individual lots; and WHEREAS, the stormwater mitigation servicing Lots 4 and 5 shall be located on both Lots 4 and 5; and

4 and WHEREAS, the stormwater mitigation for Deer Ridge Lane shall be located on Lot 5; WHEREAS, Deer Ridge Lane provides access to the Property and, accordingly, Lots 1, 2, 3, 4, and 5 all benefit from the stormwater mitigation for Deer Ridge Lane; and WHEREAS, as a condition of the Approval, the Planning Board of the Town of North Castle has required that this Agreement, establishing construction and maintenance requirements for the Stormwater Management Plan, be recorded in the Westchester County Clerk s Office, Division of Land Records; and WHEREAS, pursuant to Condition No. 12 of the Resolution, the owners of Lots 1, 2, 3, 4, and 5 shall be responsible for the construction and maintenance of the stormwater mitigation measures serving Deer Ridge Lane in accordance with the stormwater management plan; and WHEREAS, pursuant to condition No. 13 of the Resolution, the continuing stormwater management plan maintenance obligation requires that the owner of Lot 5 provide an access and maintenance easement to the owners of Lots 1, 2, 3, and 4 so that they may ensure that the stormwater management plan servicing Deer Ridge Lane is properly maintained; and WHEREAS, Condition No. 13 of the Resolution and Chapter 173 of the Code of the Town of North Castle, entitled Stormwater Management and Erosion and Sediment Control, requires Grantors to grant the Town an easement (the Easement ) as described and delineated on Exhibit A attached hereto permitting the Town access to the Property for the purposes of inspecting the stormwater management and erosion and sediment control facilities to be constructed as part of the subdivision (the Storm Water Control Measures ) which are shown on the plans listed on Exhibit B attached hereto and made a part hereof (collectively, the Approved Plan ); and WHEREAS, Grantors, their heirs, successors, and assigns, and the Town agree that following the construction of the Storm Water Control Measures in accordance with the Approved Plan, the Storm Water Control Measures shall thereafter be maintained and repaired by Grantors, their heirs, successors, and assigns; and WHEREAS, Grantors shall grant an easement to the subsequent owners of Lots 1, 2, 3, and 4 so that they shall have access to Lot 5 from Sunrise Drive for any required maintenance required of the Stormwater Control Measures located on Lot 5. NOW, THEREFORE, Grantors and the Town agree as follows: 1. Grantors, their heirs, successors, and assigns, shall maintain, clean and repair the Storm Water Control Measures in accordance with the Stormwater Pollution Prevention Plan for the Project, prepared by Alfonzetti Engineering, PC, dated (the SWPPP ), as necessary to ensure that the Storm Water Control Measures remain in good working order. Grantors, their heirs,

5 successors, and assigns, shall be responsible for all expenses related to the maintenance, cleaning and repair of the Storm Water Control Measures. 2. Grantors, their heirs, successors, and assigns, shall undertake any necessary repairs of the Storm Water Control Measures at the direction of the Town and in accordance with the recommendations of the Inspecting Engineer. Grantors, their heirs, successors, and assigns, shall not modify the Approved Plan or SWPPP, or undertake an alteration, modification, or discontinuance of the Storm Water Control Measures except in accordance with the approval of the Town. 3. Grantors hereby grant to the Town a perpetual Easement to enter upon the Property at any reasonable time or times following reasonable notice for the purpose of periodically inspecting the Storm Water Control Measures to ensure that the Storm Water Control Measures are maintained by Grantors, their heirs, successors, and assigns, in good working order; provided, however, that in the event of a bona fide emergency, the Town shall have the right to enter upon the Property at all times without prior notice to Grantors, their heirs, successors, and assigns. 4. The parties agree that the Town may enter upon the Property for purposes of inspecting and/or repairing the Storm Water Control Measures (the Work ) (i) in the event of a bona fide emergency, and/or (ii) if Grantors, their heirs, successors, and assigns, fail to maintain and/or repair the Storm Water Control Measures in good working order and such failure shall remain uncured for a period of thirty (30) days after written notice of such failure is given by the Town to Grantors, their heirs, successors, and assigns (the Notice Period ) (or in the case of a failure which cannot be cured within the Notice Period, Grantors, their heirs, successors, and assigns, fail to commence to cure such failure within the Notice Period and/or thereafter fail to diligently prosecute such cure to completion). 5. The Town shall, upon the completion of any such Work, expeditiously replace and restore the Property to as near to the same condition as existed before the undertaking of such Work as is reasonably practicable under the circumstances. 6. If the Town performs any Work, then the Town shall be reimbursed for such Work by Grantors, their heirs, successors, and assigns. Unless otherwise agreed to by the Town, payment shall be made to the Town within fifteen (15) days after the Town gives Grantors, their heirs, successors, and assigns notice identifying the work performed and costs thereof in reasonable detail; 7. Grantors hereby grant the subsequent owners of Lots 1, 2, 3, and 4 a perpetual Easement to enter upon Lot 5 from Sunrise Drive at any reasonable time or times following reasonable notice for the purpose of periodically inspecting the Storm Water Control Measures to ensure that the Storm Water Control Measures servicing Deer Ridge Lane are maintained by Grantors, their heirs, successors, or assigns, in good working order; provided, however, that in the event of a bona

6 fide emergency, the owners of Lots 1, 2, 3, and 4 shall have the right to enter upon Lot 5 from Sunrise Drive at all times without prior notice to Grantors, their heirs, successors, and assigns. 8. The parties agree that the subsequent owners of Lots 1, 2, 3, and 4 may enter upon Lot 5 from Sunrise Drive for purposes of inspecting and/or repairing the Storm Water Control Measures (the Work ) (i) in the event of a bona fide emergency, and/or (ii) if Grantors, their heirs, successors, or assigns, fail to maintain and/or repair the Storm Water Control Measures in good working order and such failure shall remain uncured for a period of thirty (30) days after written notice of such failure is given by the owner of Lot 1, 2, 3, or 4 to Grantors, their heirs, successors, or assigns (the Notice Period ) (or in the case of a failure which cannot be cured within the Notice Period, Grantors, their heirs, successors, or assigns, fail to commence to cure such failure within the Notice Period and/or thereafter fail to diligently prosecute such cure to completion). 9. The owners of Lots 1, 2, 3, 4, and 5 shall each bear one-fifth of all costs of construction, maintenance, repairs, and reconstruction of the Storm Water Control Measures servicing Deer Ridge Road. 10. Determinations of the Work required to be performed, including the persons to perform the same and the manner in which such Work is to be performed, shall be made by agreement of the owners of a majority of the Lots. Each Lot owner, by acceptance of a deed therefor, whether or not it shall be expressed in any such deed therefor, shall be deemed to covenant and agree to observe, perform and be bound by this Agreement and to pay the charges imposed herein, and such charges, together with interest thereon at the maximum legal rate and the cost of collection thereof, including reasonable attorneys fees, shall be a continuing and binding lien against each Lot and be the responsibility of the owner, his heirs, successors, and assigns. 11. The owners of Lots 1, 2, 3, 4 and/or 5 shall, upon the completion of any such Work, expeditiously replace and restore Lot 5 to as near to the same condition as existed before the undertaking of such Work as is reasonably practicable under the circumstances. 12. If the owners of Lots 1, 2, 3, 4 and/or 5 perform any Work, then they shall be reimbursed for such Work by Grantors, their heirs, successors, or assigns. Unless otherwise agreed to by the owners of Lots 1, 2, 3, 4 and/or 5, payment shall be made to them within fifteen (15) days after the they give Grantors, their heirs, successors, or assigns notice identifying the work performed and costs thereof in reasonable detail. 13. Unless otherwise provided for in this Agreement, any notice to be given pursuant to this Agreement shall be in writing and sent by prepaid certified or registered U.S. mail, Return Receipt Requested, or by reputable overnight courier, to the

7 address of the parties and the Lot owners or at such other address as may be given by notice in the manner prescribed by this Section 13. Any such notices shall be deemed delivered when accepted or refused. Notice to the Lot owners shall be sent to the address of each Lot owner together with a copy to: Veneziano & Associates 84 Business Park Drive, Ste. 200 Armonk, NY Attn: Mark P. Miller, Esq. The Town s address for notices shall be as follows: Town of North Castle 15 Bedford Road Armonk, New York Attn: Town Engineer Attn: Town Attorney 14. Grantors shall record this Agreement at their own cost and expense in the Office of the Westchester County Clerk, Division of Land Records. 15. This Agreement, the Easement, and all rights hereunder granted shall run with the land and shall be binding up on the successors, legal representatives, and assigns of the respective parties and the failure of the parties to enforce any provisions contained herein shall not be deemed a waiver of the right to do so thereafter. [Nothing further on this page]

8 IN WITNESS WHEREOF, this Stormwater Control Facility Easement and Maintenance Agreement has been duly executed by the parties hereto the day and year first written above. By: Richard Madris By: Susan Madris Town of North Castle By: Name: Michael Schiliro Title: Supervisor [Acknowledgements on next page]

9 State of New York ) County of Westchester ) ss. On the day of in the year 2017 before me, the undersigned personally appeared Richard Madris, personally known to me or proved 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 capacities, and that by his signature on the instrument, the individuals, or the person upon behalf of which the individual acted, executed the instrument. Notary Public State of New York ) County of Westchester ) ss. On the day of in the year 2017 before me, the undersigned personally appeared Susan Madris, personally known to me or proved on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacities, and that by her signature on the instrument, the individuals, or the person upon behalf of which the individual acted, executed the instrument. Notary Public State of New York ) County of Westchester ) ss. On the day of in the year 2017 before me, the undersigned personally appeared Michael Schiliro, personally known to me or proved 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 capacities, and that by his signature on the instrument, the individuals, or the person upon behalf of which the individual acted, executed the instrument. Notary Public mpm f:\docs\deer ridge\easements and declarations\stormwater agreement doc

10 February 13, 2017 Michael Schiliro, Supervisor Town Board of North Castle 15 Bedford Road Armonk, New York Re: Deer Ridge Subdivision Irrevocable Offer of Cession and Dedication Honorable Supervisor and Members of the Town Board: Our firm represents Deer Ridge Associates, contract vendees of the property commonly known as 7 Deer Ridge Lane, Armonk, New York, and shown on the Tax Assessment Map of the Town of North Castle as Tax Map Parcel ID: By Resolution of the Town of North Castle Planning Board dated November 1, 2016, the Planning Board granted Conditional Final Subdivision Plat Approval for the subject property. The approved Subdivision Plat delineates a road to be provided to service the lots in the subdivision. That road is to be developed to Town standards. Condition No. 25 in the Planning Board s Approval Resolution requires a formal offer of cession to the public of the proposed street. The purpose of this letter is to satisfy the foregoing condition by formally making an offer of cession and dedication to the Town with respect to the proposed road. This offer of cession and dedication is consistent with Section 279(4) of the Town Law of the State of New York which provides in relevant part that All streets, highways, or parks shown on a filed or recorded plat are offered for dedication to the public unless the owner of the affected land, or the owner s agent, makes a notation on the plat to the contrary prior to final plat approval.

11 Michael Schiliro, Supervisor February 13, 2017 Town Board of North Castle Page 2 The plat for the Deer Ridge subdivision contains no notation with respect to the road remaining private and, accordingly, the road is offered for dedication by operation of law. We understand that the Town will not accept the road for dedication until it has been completed to Town standards and approved by the appropriate Town consultants. At that time, should the Town Board determine to accept the offer of dedication, we will provide a deed and related recording documents to transfer title to the road to the Town. MPM/kj Thank you for your courtesy and cooperation. Very truly yours, VENEZIANO & ASSOCIATES By: Mark P. Miller cc: Deer Ridge Associates Richard and Susan Madris