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Home My WebLink AboutIntermunicipal Agmt with City for Building Inspection Services - 2-11.PDF CITY OF ITHACA -- VILLAGE OF CAYUCA HEIGHTS INTERMUNICIPAL A(;REEMENT FOR BUILDING INSPECTION SERVICES Tbig agreement, effective I" day of January, 20 1. 1, by and between the City of Ithaca, a municipal corporation having, its office and place of business at 108 East Green Street, Ithaca, Ncw York 148-50, hereinafter referred to as the -City" and the Village of Cayuga Heights, a municipal corporation, having its office and place of business at 8316 Ha shave Road, Ithaca, New York, hereinafter referred to as the "Village.", WHEREAS, both the Village and the City are required to issue permits for, and cause the in,,pect ion of alterations and construction within their jurisdictional limits, and WHE'REAS, both the City and the Village enforce the provisions of the New York State Unif6rin Fire Prevention and Building Code and the New York State Multiple Residence Law, as well as their own zoning, site plan development review, environmental review. building, housing;and fire codes, where applicable, and WHEREAS. certain improvements are located on. parcels which lie partially in both jurisdictions, and are theref6re subject to the code enforcement programs of each municipality; and WHEREAS, both municipalities are desirous cif'providing qualified building and fire inspection services in a cost-efIective manner and avolding a duplication of services and/or confusion to property owner,,, to the extent possible, and WHEREAS, the parties are desirous of entering into an intermunicipal agreement in. which the City would provide the Village with required building and fire inspection service under the New York State Uniform Fire Prevention and Budding Code and the New York j"Agrecfnt:,ifsl I K.'ayl I gt.,,-AgT-Aoc State Multiple Residence I aw, to the extent applicable. for alterations and construction taking, place on property which lies within both jurisdiction,,,,-. and WHEREAS., the City has appropriate trained and certified building and fire code enforcement personnel.. NOW., THEREFORE, in consideration of the mutual covenants, agrecinents, and considerations heretofore set forth., the parties hereto mutually agree as follows: I. All new property improvements where. the improvement currently lies in both Jurisdictions will be inspected by City Inspectors who have successfully completed the code ent6rcement training prograrn through the Department of State of New York, and who are otherwise qualified as inspectors as a result of the current and previous employment by the City as code enforcement officials in the field of building and fire construction inspection. The properties listed below are those which contain one or more buildings or structure-, that are partially in the Village and partially in the City and intended by this agreement to be inspected by City inspectors. 115 Ridgewood Road (a Cornell Sorority) 102 Needbarn Place (a private residence) 105 Needharn Place (a multiple residence) 126 Westbourne Place (a multiple residence) 425 Wycoff Place (a Cornell Fraternity) 208 Dearborn Place (a Cornell Rooming House) 220 Dearborn Place' (U multiple residence) 1-07 Kelvin Place (a multiple residence) In the event of the proposed construction of new improvements on property which lies partially in both Jurisdictions, the parties may add to the above list by written agreement between the City Building Commissioner and Fire Chief and. the Village Fire Chief and the Chief Code Enforcement Of of the Village. -----------------------I-------11 Also knoxvii as 202"North triphammer Road. I I izt111-Agr.d4,c 2 ?. The properties covered by thi's agreement shall be treated for all buildinIg,, housing, and fire code enf6rcenicnt purposes. except zoning and sits' plan development review, as though they �,vere completely within the City of Ithaca. l ach jurisdiction shall continue to erifbree and operate its own zoning, site plan review, t nviroarrrental review and landmarks preservation programs, 1e The number of personnel assigned shall he at the discretion of the City Building Commissioner and/or City hire Chief depending upon the availability of said personnel to be assig.€red to inspect propertics which Iie on the line between the jurisdictions. . The term of this agreement shall be; tern (10) years From the I" day of January 2011 and expiring on December 51_ 20220, subject to authorization by the governing legislative bodies ofthe respective municipalities. 5, The City shall bie reimbursed for its services by the payment of all building, housing and fire inspection and permit fees directly to the City by the property owner at the rates charged to similar properties located totally within the City lirnits, Both Jurisdictions may charge applicants for zoning- site plan review, and/or environmental review fees, where applicable, 6. Prior to the issuance; of a building permit by the City, the City will € btain. written confirmation from the Village Zoning Officer that the pr€rp€)sed plans do not violate provisions of the Zoning Ordinance of the Village or that a variance from the Villa's ordinance has been obtained, Properties which lie in both Jurisdictions shall be sub ect to the Aorring, site plan development and environmental review regulations and ordinances of both muni€;ipalit ies. '7 - aarce that they will, at their own Cxpense% I Both parties t� - , indemnify, defend, and hold harmless each other, its offlicers, agents, and employees from any and all liability. judgment costs, damages, attorneys' fiees and. expenses arising out of the negligence of its employs or by not adhering to the guidelines as established by the City or the New York State Department of State in the provision and performance of inspection work as set fi)rth its this agreement, providing, however, that timely notice shall be given by each party to the other (if any clairn that may be asserted with regard to the work, labor, and services set forth in this agreement. 8. Each party will certify to the other that insurance in the amount of$1.000,000 to cover liability exists and will make the other municipality the named co-insurcd on said Policy 9, Each party will provide its own workers' compensation insurance covering its own employees. I(). In the event that the City or Village is. or becomes., self-insured f6r general liability and!or automobile liability at any time during the term of this agreement, the following lean,,uai--,e Is to be incorporated in the agreement without any need for special resolution, WHEREAS, either party. its agents. servants or employees,- party, . pursuant to this agreement between the parties are or may he performing various kinds and tykes of work, labor or services in cooperation with each other: be it resolved that each party agrees that it will, at its own expense, indemnify, defend, and hold harmless the other, its officers, agents and employees fort any liability, judgment, costs, dare riao s. attorneys'. fees and expenses arising out of the negligent performance of the work. labor or services of the respective party. its 17 4 agents, servants or employees, providing, however, that timely notice be given to the other party of any action, claim or proceedings which may be filed or commenced against the, parties by reason of the performance of such work, Each party certifies,, by entering into this agreement, that this section was approved by the governing body of each municipality as part of this agreement, and it is binding upon each party in the event it becomes self-insured as 11'a special resolution had been adopted by it. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. THE CITY OF ITHACA ------------ ------------------- ----------------------------------------------------------------- By. Carolyn K. Peterson, Mayor THE VILLAGE OF CAY()`GA HEIGHTS ---1----------------------------------I---------I------------ _-____--.----------------- By: Kate Supron, Mayor STATE OVNEW YORK COUNTY OF TOMPKINS On this ---------------- day of Two Thousand and Eleven., before me, the undersiLm(xJ, a Notan7 Public in and for said State, personally appeared CAROLYN K. PETERSON.. personally known to rne or proved to me on the basis ofsatisfacton evidence to be the individual whose narne is ,;ubseribed 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_ orthe person of which the individual actex], executed the instrument. mm.............._....a----------.---.-- ----------- NOTARY PUBLIC J:AgroernentsL111W STATE OF NEW YORK couvry OFTOMPKINS On this day of Two Thousand and Eleven, befoi-c me- the undersigned, a Notary Public in and for said State, personally appeared KATE SUPRON, personally known to me or pro to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowlLxfued to me that lie executed the same in his capacity, and that by his signature on the instrument, the individual, or the person of which the individual acted, executed the instrument. 1-1---I--------------------------- ---------------------------------------- NOTARY PUBLIC 6