HomeMy WebLinkAboutAgreement with City on Bldg Inspect svcs.pdf CITY OF ITHACA -- VILLAGE OF CAYUGA HEIGHTS
INTERMUNICIPAL AGREEMENT
FOR BUILDING INSPECTION SERVICES
This agreement, effective 1st day of January, 2011, by and between the City of Ithaca,
a municipal corporation having its office and place of business at 108 East Green Street,
Ithaca, New York 14850, hereinafter referred to as the "City" and the Village of Cayuga
Heights, a municipal corporation, having its office and place of business at 836 Hanshaw
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 inspection of alterations and construction within their jurisdictional limits; and
WHEREAS, both the City and the Village enforce the provisions of the New York
State Uniform 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 therefore subject to the code enforcement programs of each
municipality; and
WHEREAS, both municipalities are desirous of providing qualified building and fire
inspection services in a cost-effective manner and avoiding a duplication of services and/or
confusion to property owners 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 Building Code and the New York
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State Multiple Residence Law, to the extent applicable, for alterations and construction taking
place on property which lies within both jurisdictions; and
WHEREAS, the City has appropriate trained and certified building and fire code
enforcement personnel.
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and
considerations heretofore set forth, the parties hereto mutually agree as follows:
1. All new property improvements where the improvement currently lies in both
jurisdictions will be inspected by City Inspectors who have successfully completed the code
enforcement training program 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 structures 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 Needham Place (a private residence)
105 Needham Place (a multiple residence)
126 Westbourne Place (a multiple residence)
425 Wyckoff Place (a Cornell Fraternity)
208 Dearborn Place (a Cornell Rooming House)
220 Dearborn Place' (a multiple residence)
207 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 Officer of the Village.
' Also known as 202 North"triphammer Road.
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2. The properties covered by this agreement shall be treated for all building,
housing, and fire code enforcement purposes, except zoning and site plan development
review, as though they were completely within the City of Ithaca. Each jurisdiction shall
continue to enforce and operate its own zoning, site plan review, environmental review and
landmarks preservation programs.
3. The number of personnel assigned shall be at the discretion of the City
Building Commissioner and/or City Fire Chief, depending upon the availability of said
personnel to be assigned to inspect properties which lie on the line between the jurisdictions.
4. The term of this agreement shall be ten (10) years from the 1st day of January
2011 and expiring on December 31, 2020, subject to authorization by the governing
legislative bodies of the respective municipalities.
5. The City shall be 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 limits. 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 obtain
written confirmation from the Village Zoning Officer that the proposed plans do not violate
provisions of the Zoning Ordinance of the Village or that a variance from the Village
ordinance has been obtained. Properties which lie in both jurisdictions shall be subject to the
zoning, site plan development and environmental review regulations and ordinances of both
municipalities.
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7. Both parties agree that they will, at their own expense, indemnify, defend, and
hold harmless each other, its officers, agents, and employees from any and all liability,
judgment costs, damages, attorneys' fees and expenses arising out of the negligence of its
employees 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 forth in
this agreement, providing, however, that timely notice shall be given by each party to the
other of any claim 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-insured on said
policy.
9. Each party will provide its own workers' compensation insurance covering its
own employees.
10. In the event that the City or Village is, or becomes, self-insured for general
liability and/or automobile liability at any time during the term of this agreement, the
following language is to be incorporated in the agreement without any need for special
resolution:
WHEREAS, either party, its agents, servants or employees, pursuant to this agreement
between the parties are or may be performing various kinds and types 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 from any liability, judgment, costs, damages, attorneys' fees and expenses arising
out of the negligent performance of the work, labor or services of the respective party, its
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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 if 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: Carol n K. Peterson, Mayor
THE VILLAGE OF AYUGA HEIGHTS
AF Kate Supron, M yor
STATE OF NEW YORK )
)ss.:
COUNTY OF TOMPKINS )
On this 7—ij day of r e/k Two Thousand and Eleven, before me, the
undersigned, a Notary Public in and for said State, personally appeared CAROLYN K.
PETERSON, 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 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.
NOTARY PUBLIC
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STATE OF NEW YORK )
)ss.
COUNTY OF TOMPKINS )
On this _IX_ day of 6 9114l Two Thousand and Eleven, before me, the
undersigned, a Notary Public in and for said State, personally appeared KATE SUPRON,
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 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.
KRISTIN E.GUTENGERGER
NOTARY PUBLIC
Notary U1721WYork
NPublic,
02G686
Gualilied in Tompkins Cowlty
Commission Expires klay 27,20 �Z
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