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07-24-13 City Administration Committee Meeting Agenda
Yr � r Meeting DATE: July 24,2013 CA TIME: 6:00 pm LOCATION: 3rd Floor, City Administration Committee City Hall,Council Chambers f�c©RFl7A0.tiC�l�� AGENDA ITEMS Item Voting Presenter(s) Time Item? Allotted Chair, Chris Proulx 1. Call To Order *Note: We will review the number of 10 Min* 1.1 Agenda Review No cards received at the beginning of each 1.2 Review and Approval of Minutes Yes meeting and adjust time if needed. 1.3 Statements From the Public No 1.4 Statements From Employees No 1.5 Council Response No (6:10 pm) 2. Standing Sub-Committee and Staff Reports 2.1 Diversity Initiatives—Information Technology No Duane Twardokus,Director of IT 15 Min 3. City Administration, Human Resources, and Policy 3.1 Discussion on Community Gardens No Krin Flaherty,Asst. City Attorney 30 Min 3.2 Approval of NYSEG Easement Parcel Yes Krin Flaherty,Asst. City Attorney 5 Min (7:00 p.m.) 4. Finance, Budget, and Appropriations 4.1 IURA-Restore NY3,Downtown Commons Yes Nels Bohn,Director of IURA 15 Min Upper Story Housing,Assign Loan of Restore NY funds to ItalThai LLC from the City of Ithaca to the IURA 4.2 Transportation Enhancement Program Yes Tim Logue, Traffic Systems Eng. 10 Min Application 4.3 An Ordinance to Amend Chapter 146 of Yes Marc Albanese,Plumbing Inspector 10 Min the City of Ithaca Municipal Code entitled "Building Code Enforcement"Article 4, entitled "Plumbing", Section 146-30 entitled"Permits, C. Fees" 4.4 Gateway Pedestrian Bridge-Authorization for Yes Tom West,Director of Engineering 5 Min Allocation from Bridge Reserve Fund (7:40 pm) 5. 2014 Budget Process 6. Committee Discussion Items 7. Meeting Wrap-up 7.1 Announcements No All 5 Min 7.2 Review Agenda Items for Next Meeting No 7.3 Adjourn Yes (7:45 pm) Committee Chame: The CA committee will: (1) Review financial and administrative issues pertaining to the City,along with items relating to the City of Ithaca workforce environment,intergovernmental relations and human resource If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting,please contact the City Controller's Office at 607-274-6576 at least 48 hours before the meeting. 3. City Administration, Human Resources, and Policy .1 Proposed Resolution—Attorney's Office—Community Garden Agreement WHEREAS, the City of Ithaca/Ithaca Urban Renewal Agency(IURA) executed a Purchase Agreement with Building Links, Inc. in 1999 for approximately eight acres of undeveloped land zoned I-1 located in Carpenter Business Park (CBP), which gave Building Links, Inc. an option (the "Option") to purchase Carpenter Business Park Tax Parcel 36-1-3.4, which Option was subsequently defined in a 2002 agreement, and WHEREAS, the City leased CBP Tax Parcel 36-1-3.4 to Project Growing Hope, Inc. for a twenty-year term expiring on December 31, 2013 for use as a community garden, and WHEREAS, the City of Ithaca, in anticipation of future development invested over$500,000 to build the infrastructure necessary for commercial development in the former Carpenter Business Park, and WHEREAS, included in the sale of Carpenter Business Park was a purchase option of the City owned parcels leased by Project Growing Hope, Inc.,which option could only be exercised during the term of the lease with the approval of Project Growing Hope, Inc., and WHEREAS, upon expiration of the lease, said option could be exercised if the Common Council decided not to extend or renew the lease with Project Growing Hope, Inc., and WHEREAS, Building Links, Inc., has approached the City requesting that the lease with Project Growing Hope, Inc., not be extended beyond the December 31, 2013 expiration date, and WHEREAS, Project Growing Hope, Inc. has approached the City requesting renewal of the lease, and WHEREAS, it is generally agreed that community gardening is a valuable public benefit for City residents, and WHEREAS, the Common Council, on September 19, 2012, directed the Mayor and City Attorney to negotiate a new lease agreement with Project Growing Hope, Inc. for the Carpenter Business Park community garden, and WHEREAS, the Common Council resolved that the City's new agreement with Project Growing Hope Inc. would include the following conditions that, when all met, would allow early termination of the lease: • Final Site Plan approval by the City of Ithaca Planning Board for the development of the lands comprising the Carpenter Business Park, of which the parcel leased to Project Growing Hope, Inc. is included, and; • A signed agreement with the developer for above-mentioned Site Plan that provides the City with an easement for a future public roadway that would connect Cascadilla Street to J:\DRedsicker\AGENDAS\City Admin Comm\2013\7-24 CA Agenda.docx 7/24/13 Third Street, through the proposed project site, in order to facilitate and safely manage traffic impacts of additional development in the vicinity, and; • Successful negotiations between the City and the developer for an agreed upon cost to be paid by the developer and to be solely used by the City for relocation, construction, and the establishment of a management framework for a substitute garden, and; • If relevant, submission of written notice of optionee's intent to exercise the option to acquire the Community Garden parcel pursuant to the "Option to Purchase Real Property" agreement between the City of Ithaca and Building Links, Inc., dated February 2002, and WHEREAS, the attached leasing agreement includes said terms in its section entitled "ARTICLE THREE: EARLY TERMINATION," and WHEREAS, it is generally agreed upon that the Carpenter Business Park is an appropriate location for economic development, and WHEREAS, Building Links, Inc. provided notice and payment dated July 1, 2013 of its intent to exercise the purchase option, said exercise effective only in the event that Project Growing Hope is not in possession of an executed lease by December 31, 2013; now, therefore be it RESOLVED, That the Common Council approves of the attached lease agreement granting Project Growing Hope, Inc. continued use of a portion of Carpenter Business Park as a community garden, and be it further RESOLVED, That the Common Council authorizes and directs the Mayor to execute the attached lease agreement with Project Growing Hope, Inc. for the Carpenter Business Park community garden. J:\DRedsicker\AGENDAS\City Admin Comm\2013\7-24 CA Agenda.docx 7/24/13 CA Item 3.1 SIT CITY OF ITHACA 108 East Green Street Ithaca New York 14850-6590 e a OFFICE OF THE CITY ATTORNEY Aaron O. Lavine, City Attorney Telephone: 607/274-6504 Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 m� Krin Flaherty, Assistant City Attorney Jared Pittman, Assistant City Attorney Jody Andrew, Executive Assistant MEMORANDUM To: City Administration Committee From: Ari Lavine, City Attorney Date: July 10, 2013 Subject: Project Growing Hope Lease Renewal Pursuant to Council Resolution of Sep. 2012 On September 19, 2012, the Common Council directed the Mayor and City Attorney to negotiate a renewed lease with Project Growing Hope, Inc. (PGH) for their continued use of the parcel of land on which the Community Gardens now operates. In the resolution, Council explicitly set out terms for the lease's early termination in the event that a purchaser sought this land for qualifying development in conjunction with the remainder of Carpenter Business Park. The resolution did not specify further leasing details. Since that time, Building Links, Inc. has provided the City with written notice of its intent to exercise its option to purchase this land, along with the specified$5,000 payment theretowards. However, as Building Links is aware, their attempt to exercise this option will fail should the City execute prior to December 31, 2013 a lease for 2014 onward with PGH. The City Attorney's Office,with Mayoral guidance, has worked to negotiate the many remaining details of this lease across extended correspondence and meetings with PGH. In the process, this Office has sought to effectuate Council's goals as expressed in the 2012 resolution, address concerns expressed by PGH, model the renewed lease around the now-expiring lease, and of course ultimately achieve a proposed lease intended to represent the City's best interest. Should the City Administration Committee differ in the judgment calls necessary to execution of this lease, it can of course alter the proposed lease's terms. This memorandum identifies significant terms of the contract that were not specified in Council's 2012 resolution, and that Council may wish to adjust via the pending resolution. As currently drafted, and at the request of PGH, the proposed lease lasts for 20 years at a rent of$1 per year. (The City is of course legally permitted to charge more in rent,but not legally compelled to do so because community gardening is recognized as a valid municipal "An Equal Opportunity Employer with a commitment to workforce diversification." CA Item 3.1 purpose in state law). The proposed lease does not address renewal 20 years hence, meaning that PGH and the City would be free to discuss any further renewals of the lease at that time. The proposed lease also does not provide PGH with a requested right of first refusal on any future sale of this property because such a right would effectively conflict with the lease termination provisions—and apparent policy choices underpinning the same—prescribed in Council's 2012 resolution, which specified conditions under which the parcel would be sold to a third party; not to PGH. The proposed lease provides 90 days' notice in the event of lease termination under Council's previously-specified conditions; because one of those conditions is an approved Site Plan Review for a large project throughout Carpenter Business Park, the actual notice would effectively be far longer than 90 days. The proposed lease includes insurance requirements in concert with those required by the City for a broad variety of uses of City property. The proposed lease also provides that the Mayor—at the time of a proposed development—shall negotiate and execute an agreement for the developer contribution to garden relocation, as instructed by Council's 2012 resolution on the subject. PGH is responsible for the upkeep and maintenance of the land and any buildings on it during the term of the lease. Included in this agenda packet, you will find the following materials to assist in your consideration of this issue: • A proposed resolution authorizing execution of the proposed lease • The proposed lease • Recent correspondence expressing Building Links' intent to exercise its option • The 2002 Option Agreement, and a 2002 memorandum on that topic • Common Council's 2012 resolution on this matter Should you have any further questions, the City Attorney's Office is glad to assist. "An Equal Opportunity Employer with a commitment to workforce diversification." CA Item 3.1 LEASE AGREEMENT FOR ITHACA COMMUNITY GARDENS THIS LEASE AGREEMENT, made this day of of 2013, by and between the CITY OF ITHACA, a municipal corporation, duly organized and existing under and by virtue of the laws of the State of New York, with offices at 108 E. Green Street, Ithaca,NY 14850, hereinafter referred to as "LESSOR," and PROJECT GROWING HOPE, INC., a not-for- profit corporation, duly organized and existing under and by virtue of the laws of the State of New York, with an address at Post Office Box 606, Ithaca,NY 14851, hereinafter referred to as "LESSEE;" WITNESSETH THAT the parties hereto agree as follows: ARTICLE ONE: LEASED PREMISES LESSOR shall lease to LESSEE the premises more particularly described in Schedule "A,"hereinafter referred to as the "Leased Premises", attached hereto and incorporated herein by reference, together with all the rights, privileges, easements and appurtenances thereunto belonging or attaching, subject to the provisions, conditions and covenants contained in this Lease Agreement. ARTICLE TWO: TERM OF LEASE LESSOR hereby leases to LESSEE the premises described in Schedule A attached hereto for a term commencing on January 1, 2014, and ending on December 31, 2033. ARTICLE THREE: EARLY TERMINATION Early Termination By LESSOR: Notwithstanding any other provisions herein, LESSEE's right to occupy the subject premises may be terminated by LESSOR,prior to the end of the demised term of this Lease Agreement, on ninety(90) days notice in writing to LESSEE, served as provided for in Article 10 hereof, under any one of the following conditions: 1 CA Item 3.1 a) If LESSEE shall, at any time during the demised term, fail in the performance or permit the violation of any of the covenants, conditions, terms or provisions of this lease, which, on the part of LESSEE, are or ought to be observed, performed, fulfilled, and, except where a specific time is herein provided for the performance of any covenant or condition, when such default is not cured within ninety(90) days after notice and demand have been given pursuant to the provisions of Article 6 hereto (except that the City may impose a reasonably shorter period for failures or violations related to life safety matters); or b) If, during the demised term, LESSEE shall be adjudicated a bankrupt or make a general assignment for the benefit of creditors, or shall take the benefit of any insolvency act, or if a temporary or permanent receiver or trustee in bankruptcy is appointed for LESSEE's property and such appointment for a temporary receiver is not vacated and set aside within ninety(90) days from the date of such appointment, or in the event of any attempted transfer or other devolution of the interest (or any part thereof) of LESSEE, to any other person or corporation, by reason of the acts and things hereinabove last enumerated; or c) If pursuant to the LESSOR's 2002 agreement with Building Links, Inc. (attached as Schedule B), the option as described in paragraph 3 of such agreement is exercised as described in paragraph 6 of such agreement by Building Links, Inc. or its successor or assign (hereinafter, "Optionee") and all conditions specified in paragraph(d) immediately below are met; or d) If, in the sole judgment of the Mayor of the City, all of the following conditions are met: 1) The Planning and Development Board of the City of Ithaca approves a final site plan for the lands substantially comprising the Carpenter Business Park, of which the Leased Premises is a part. 2) The prospective developer of the property must have entered into a signed agreement to provide the City of Ithaca with an easement for a future public roadway that would connect Cascadilla Street to Third Street, through the project site. 3) LESSOR must have a legally-binding commitment from the prospective developer to pay LESSOR a sum of money satisfactory to LESSOR in LESSOR's sole discretion prior to the termination of this lease, which sum shall be used by the City for relocation, construction, and establishment of a management framework for a substitute garden in such 2 CA Item 3.1 proportions and such manner as determined at the sole discretion of the City. Effect of Early Termination By LESSOR If terminated by LESSOR under this Article III, the Lease herein and the term thereof shall automatically cease and terminate at the expiration of the ninety(90) day notice period; and it shall be lawful for LESSOR, at its option, to enter the demised premises or any part thereof and to have, hold, repossess and enjoy the said premises, and LESSOR shall have the right to recover the said premises and to remove all persons therefrom by summary proceedings or by any other legal action or proceedings. Early Termination By LESSEE: LESSEE may terminate this Lease Agreement at any time by giving 30 days written notice to LESSOR. ARTICLE FOUR: RENT For and in consideration of the leasing aforesaid, LESSEE hereby covenants and agrees to pay to LESSOR, as and for rent for the leased premises, the sum of One Dollar($1.00)per year, which sum is hereby acknowledged by LESSOR to have been paid in advance at the time of execution of this Lease Agreement. As and for additional consideration, the substantial value of which is acknowledged by LESSOR, LESSEE agrees to provide, at its cost, a public community garden program for the City of Ithaca and its residents, for the term of this Lease, utilizing the leased premises. ARTICLE FIVE: USE OF PREMISES. a) LESSOR affirms the public benefit provided to residents of the City of Ithaca by the existence of the Community Gardens at the leased premises. The LESSEE covenants and agrees that it will, during the period of this lease, reasonably use said premises and any buildings and improvements situated thereon for public community gardens in a manner similar to its current 3 CA Item 3.1 and past use of the premises, as a benefit for the City of Ithaca and open to the general public, as defined by the current certificate of incorporation and bylaws of LESSEE, including outreach to and accessibility for low income gardeners. In addition, the premises will be available for other uses as deemed appropriate by LESSOR, provided such uses do not conflict with the Community Garden uses of LESSEE, including but not limited to use by the general public for passive recreation or other purposes. As deemed appropriate by LESSOR, LESSEE shall be afforded the opportunity to review and comment on potential joint uses of the leased premises but LESSOR shall retain the sole authority to determine such uses and whether they conflict with the Community Gardens use by LESSEE. b) LESSEE further covenants and agrees that at all times during the demised term: 1. the premises including the buildings and improvements situated thereon or connected therewith and all appurtenances thereto and equipment thereof shall be kept by LESSEE at its own expense in good repair and in a clean and safe condition and in conformity with the requirements of all municipal, county, state and federal laws, rules and regulations; 2. that all health,police, zoning, fire, building, subdivision, and other regulations shall, in all respects and at all times, be fully complied with by LESSEE and, in particular, that at the end of the growing season the site will be appropriately cleaned and winterized; 3. that LESSEE will not at any time remove or permit to be removed any existing building or improvement from the demised premises except as provided for in this Lease; ARTICLE SIX: IMPROVEMENTS. It is understood and agreed that in the event that LESSEE shall construct buildings and structures or landscaping upon the demised premises during the term of this Lease Agreement, or any extension thereof, such buildings shall be used solely for the purposes set forth in ARTICLE 4 CA Item 3.1 FIVE hereof. Any such improvements shall be subject to City of Ithaca site plan review, if applicable. ARTICLE SEVEN: WATER, SEWERAGE,AND PARKING. LESSEE shall be responsible for construction and maintenance of any water or sewer lines between the existing City systems and the leased premises, for use by LESSEE, in accordance with LESSOR's engineering specifications. In particular, LESSEE shall be responsible for the installation, maintenance and testing of the backflow protection device; the winterization of all such water and sewer lines and appurtenances; and for the scheduling of seasonal turn on and shut off of water. LESSEE shall be responsible for payment for all utilities used on the leased premises. LESSOR shall have no responsibility for developing additional parking areas for use by LESSEE. ARTICLE EIGHT: INSURANCE. LESSEE shall keep the improvements insured against liability and fire or other hazards and shall save LESSOR harmless and indemnified at all times against any loss, damage, penalties, costs and expenses,judgments and decrees, by reason of a failure so to do in any respect or by reason of any violation of any of the law, rules or regulations above referred to, or by reason of any accident, loss,wrong, injury, or damage to person, life or property in or about said demised premises, including but not limited to for any negligence of LESSEE in the making of any improvements to the premises, or by reason of any use which may be made of the demised premises or the buildings and improvements thereon, or by reason of any act or thing done or omitted to be done or by reason of anything happening in connection with or upon the demised premises or in any building situated thereon or improvement connected therewith, or by reason of the failure of LESSEE in any respect fully to carry out and perform any of the covenants, agreements,provisions or undertakings in this lease on its part to be performed. Proof of insurance and the inclusion of LESSOR as an additional insured in all such policies of insurance shall be provided in writing to LESSOR. LESSEE shall maintain liability insurance coverage upon the lease premises, in the 5 CA Item 3.1 initial, minimum amount of$1,000,000 per occurrence, $2,000,000 in the aggregate and $5,000,000 as umbrella coverage, and shall ensure that the City of Ithaca is named as an additional insured on such policy. The minimum amount of required coverage shall be subject to reasonable, periodic adjustment by the City,upon prior written notice to LESSEE of at least 6 months. LESSEE shall provide written documentation to City that required coverage is in place, at the time of execution of this lease agreement, at least annually thereafter, by January 31 st, or at other time upon request. LESSEE shall keep the premises insured as provided for herein and the amount of insurance coverage shall be as reasonably approved by the LESSOR, and proof of insurance and the inclusion of LESSOR as an additional insured in all such policies of insurance shall be provided in writing to LESSOR. It is mutually covenanted and agreed by and between the parties hereto that the proceeds of any and all policies of fire insurance covering any building or buildings at any time situated upon the demised premises shall be used as a trust fund towards the repair, reconstruction, building or rebuilding of such building or buildings, unless the parties agree otherwise in writing. ARTICLE NINE: DEFAULT If LESSEE shall, at any time during the demised term fail in the performance of or permit the violation of any of the covenants, conditions, terms or provisions of this Lease Agreement, which, on the part of LESSEE, are or ought to be observed,performed and fulfilled and, except where a specific time is herein provided for the performance of any covenant or condition, when such default shall not be made good within ninety(90) days after notice and demand given pursuant to the provisions of ARTICLE TEN hereof, then, in any of the events enumerated hereto, LESSOR may, at its, option, and upon ninety(90) days notice in writing, served as provided in ARTICLE TEN hereof, terminate this lease, and this lease and the term thereof shall automatically cease and terminate at the expiration of said ninety(90) day period; and it shall be lawful for LESSOR, at its option, to enter the demised premises or any part thereof and to have, 6 CA Item 3.1 hold,repossess and enjoy the said premises, and the LESSOR shall have the right to recover the said premises and to remove all persons therefrom by summary proceedings or by any action or proceedings. Such defaults allowing lease termination are as follows: a) In the event that LESSEE shall fail to use said premises for the purposes hereinbefore described in ARTICLE FIVE for one full year during the term of this lease, as provided in ARTICLE TWO,then LESSOR may, at its option,notify LESSEE of its election to terminate this lease. b) In the event that, at any time during the term of this Lease, LESSEE or its assignee shall cease to be a not-for-profit corporation, this lease shall cease and terminate at the option of LESSOR. c) If, during the demised term, LESSEE shall be adjudicated a bankrupt or make a general assignment for the benefit of creditors or take the benefit of any insolvency act, or a temporary or permanent receiver or trustee in bankruptcy is appointed for LESSEE's property and such appointment for a temporary receiver is not vacated and set aside within ninety(90) days from the date of such appointment, or in the event of any attempted transfer or other devolution of the interest of any part thereof of LESSEE to any other person or corporation by reason of the acts and things hereinabove enumerated. d) If, during the term of this Lease, the tax assessor of Tompkins County determines that the subject parcel is not tax exempt, this lease shall be deemed void, unless LESSEE agrees to pay- and in fact does timely pay- any taxes levied upon the premises. In the event that this Lease is deemed void for that reason, the parties shall attempt in good faith to re-negotiate the Lease terms. ARTICLE TEN: NOTICES. Any notice which may be required under the terms of this lease shall be given in writing, personally to: For LESSOR: Mayor 7 CA Item 3.1 108 East Green Street Ithaca, New York 14850 and Attorney for the City 108 East Green Street Ithaca, New York 14850 and For LESSEE: Project Growing Hope, Inc. P.O. Box 606 Ithaca, New York 14851 ARTICLE ELEVEN: ASSIGNMENT It is hereby covenanted and agreed by and between the parties hereto that LESSEE may not sell, convey or assign its interest in the demised premises and in any structures or improvements thereon without the written consent of LESSOR. The approval of one assignment by LESSOR shall not constitute approval for any subsequent assignment. ARTICLE TWELVE: SURRENDER OF PREMISES; DISPOSITION OF IMPROVEMENTS Upon the termination of this lease, as a result of default(per ARTICLE NINE) or early termination, or upon its expiration(or the expiration of a renewed term, per ARTICLE SIXTEEN, if applicable), LESSEE covenants and agrees to surrender the demised premises, 8 CA Item 3.1 peaceably and at once, and to deliver up the same to LESSOR, subject to the remaining provisions of this Article. LESSEE shall be entitled-but not required-to remove from the demised premises any improvements LESSEE has made to said premises, including but not necessarily limited to any structures (e.g., sheds, fencing, gazebo) and the topsoil from the gardens (defined as the top eight inches of soil),provided that a relocation site requires topsoil. Any such removal must occur prior to said termination date, must be complete (i.e., without leaving debris, hazards, or holes in the ground) and shall be at LESSEE's sole cost. ARTICLE THIRTEEN: CONDEMNATION If any person or corporation, municipal,public,private or otherwise, shall, at any time during the term of this lease, lawfully condemn and acquire title to the demised premises or any portion thereof, or to any building or the appurtenances now or hereafter erected thereon, or to any easement therein, in or by condemnation proceedings pursuant to any law, general, special or otherwise, then, in that case, LESSOR shall be entitled to and shall receive the entire award or payment therefor; and LESSEE shall assign and does hereby assign and transfer to LESSOR such award or payment as may be made therefor. LESSOR, in any event, shall be entitled to receive any and all awards or payments made for any buildings and the appurtenances which shall be so taken or for any damages thereto, free, clear and discharged of every claim of every kind whatsoever by or on the part of LESSEE, except as hereinafter specifically provided, and such award or payment is hereby transferred and assigned to LESSOR by LESSEE; and LESSEE hereby further agrees that for the purpose of obtaining such award or payment, and for all other purposes, all the buildings and improvements now standing upon the demised premises are the sole and absolute property of LESSOR and that in no event and under no circumstances shall LESSEE be entitled to receive or retain any award or payment or any part thereof except as hereinafter specifically provided. Notwithstanding anything hereinbefore contained to the contrary, if LESSEE shall have commenced or completed the erection of a new building or buildings or other improvements and such condemnation takes place after the commencement or completion of the said new building or buildings, then LESSOR agrees to pay LESSEE out of the condemnation award or payment when paid, a sum equal to the amount awarded or paid in 9 CA Item 3.1 condemnation as the value of such building or improvements. If, in the condemnation proceeding, the value of the land and of the buildings and other improvements are not separately determined, then the value of the building or other improvements shall be determined by arbitration. LESSOR agrees to give LESSEE notice of any condemnation proceedings immediately upon knowledge of such proceedings. ARTICLE FOURTEEN: NON-DISCRIMINATION It is mutually understood and agreed that LESSEE, in the employment of its agents, contractors and/or employees, shall not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services or program participant because of actual or perceived age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sex; sexual orientation; socioeconomic status; or weight; and any construction contract entered into by LESSEE shall contain such a nondiscriminatory clause. ARTICLE FIFTEEN: MISCELLANEOUS PROVISIONS a) Waivers of Lien. LESSEE covenants and agrees that LESSEE will not make any contract or agreement, either verbal or written, for labor, services, materials or supplies in connection with any improvements at any time situated upon the demised land without securing in such contract or agreement a waiver or waivers of lien against LESSOR's interest in the demised premises; and it is expressly understood and agreed, and notice is hereby given, that no persons, firms, or corporations furnishing labor, materials or services for the construction, reconstruction, alteration or addition to any building at any time during the term hereof situated upon the demised premises shall have any lien upon LESSOR's interest in the demised premises and that any and all liens upon LESSEE's estate and interest in the demised land and the buildings and 10 CA Item 3.1 improvements situated thereon shall be subject to the prior rights of LESSOR under the terms and provisions of this Lease Agreement, and no authority is given by this Lease to LESSEE, expressly or impliedly, to bind LESSOR for the payment of any money in connection with the construction, repairing, alterations, additions or reconstruction work on the demised premises, nor is there any authority given LESSEE by this lease, directly or indirectly, to permit any mechanic's lien, materialman's lien, or contractor's lien to arise against LESSOR's interest in the demised land or the buildings or improvements thereon, and LESSEE expressly agrees that it will keep and save the demised premises, and LESSOR, harmless from all costs and damages arising from any such liens or lien of any character created through any act or anything done by LESSEE. b) Title. LESSOR represents and warrants that it is the owner in fee of the demised premises, as described in Schedule "A," attached hereto, free of all liens and encumbrances. c) Severability. In the event that any term, condition, clause or provision of this agreement shall be deemed null and void, the remaining terms, conditions, clauses and provisions of this lease agreement shall remain in full force and effect,unless the rights of either party are materially affected by the deletion of such term, condition, clause or provision, in which case either party may elect within 90 days after the date of the notification to declare said lease null and void in its entirety. ARTICLE SIXTEEN: RIGHT TO INSPECT LESSOR shall have the right to inspect any part of the premises without notice at any time. THIS AGREEMENT shall be binding upon the parties and their successors in title. 11 CA Item 3.1 IN WITNESS WHEREOF, the parties hereto have placed their hands and seals as of the date(s) set forth below. CITY OF ITHACA Date: By: Svante Myrick, Mayor PROJECT GROWING HOPE, Inc. Date: By: STATE OF NEW YORK ) COUNTY OF TOMPKINS )ss.: On this day of , 2013,before me, the undersigned, a Notary Public in and for said State,personally appeared SVANTE L. MYRICK,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 STATE OF NEW YORK ) COUNTY OF TOMPKINS )ss.: On this day of , 2013, before me, the undersigned, a Notary Public in and for 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person of which the individual acted, executed the instrument. Notary Public SCHEDULE A The premises leased to Project Growing Hope,Inc.,by the City of Ithaca, pursuant to a 12 CA Item 3.1 Lease Agreement executed in 2013 between said parties, consist of the following: ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca, County of Tompkins and State of New York, shown as "Parcel A" and"Parcel B" (both of which are also denoted as "Community Gardens") on a survey map entitled"Survey Map - Carpenter Business Park, Third Street and New York State Route 13, City of Ithaca, Tompkins County,New York," dated 6/1/2001 and as revised on 2/15/02, more particularly bounded and described as follows: PARCEL A: Commencing at a pin set in the southeasterly boundary of lands reputedly of the Norfolk Southern Railroad, where said boundary intersects with a northeasterly line of premises conveyed by Building Links, Inc., to Templar, LLC,by deed dated February 20, 2002, which deed was recorded on February 22, 2002, in the Tompkins County Clerk's Office in Liber CD2504 of deeds at page 965, said point of beginning being located 474.10 feet southwesterly from a pin set in the southerly line of Third Street Extension; running thence North 34 degrees 41 minutes 32 seconds East a distance of 419.10 feet to a point in said boundary of lands of the Norfolk Southern Railroad; running thence on a curve to the left, an arc distance of 65.8 feet, with a chord running South 15 degrees 39 minutes 21.6 seconds West for a chord distance of 65.6 feet, along the westerly line of a roadway known as Carpenter Circle; running thence South 7 degrees 27 minutes 17 seconds West a distance of 85.8 feet along said line; running thence on a curve to the right, an arc distance of 97.9 feet, with a chord running South 27 degrees 29 minutes 4.7 seconds West for a chord distance of 95.9 feet, along said line; running thence South 47 degrees 30 minutes 52.4 seconds West a distance of 203.2 feet to a point marked by a pin set in said line; running thence North 44 degrees 38 minutes West a distance of 113.7 feet to the point or place of beginning. PARCEL B: Commencing at a point at the corner of a chain link fence dividing"Parcel B" from New York State Route 13, which point is located South 33 degrees 47 minutes 32 second West a distance of 247 feet, along a chain link fence, from the intersection of New York State Route 13 with a southeasterly boundary of land reputedly of Benjamin; running thence South 45 degrees 22 minutes West a distance of 228.3 feet to a point marked by an iron pin; running thence North 56 degrees 11 minutes 5 seconds West a distance of 196.9 feet to a point marked by an iron pin set in the easterly line of a roadway known as Carpenter Circle; running thence North 35 degrees 56 minutes 24 seconds East along said line for a distance of 201.0 feet to a point; running thence on a curve to the left, an arc distance of 139.8 feet along said line, with a chord running North 15 degrees 54 minutes 37 seconds East for a chord distance of 137 feet, to a point marked with an iron pin; running thence South 30 degrees 54 minutes 28 seconds East a distance of 264.8 feet to the point or place of beginning. Being a portion of the premises conveyed to the City of Ithaca by deed from the New 13 CA Item 3.1 York State Electric and Gas Corporation dated February 21, 1986 which deed was recorded in the Tompkins County Clerk's Office on March 13, 1986 in Liber 615 of Deeds at page 797. TOGETHER WITH the right of access to and along the street commonly known as Carpenter Circle, for the purpose of providing access (from Third Street) by the public to the premises leased from the City of Ithaca by Project Growing Hope, Inc., which right was retained when said street was conveyed by the Ithaca Urban Renewal Agency to Building Links, Inc. SUBJECT TO rights retained by the New York State Electric and Gas Corporation in the aforesaid deed for permanent easement and rights of way upon, over, across and under the above described premises as more particularly set forth in the aforementioned deed from the New York State Electric & Gas Corporation to the City of Ithaca. 14 CA Item 3.1 BUILDING LINKS INC. J U L ' 1 2013 P.O. BOX 519 ITHACA, NY 14851 L�THACA URBAN RENEWAL ACF!!( Y CERTIFIED MAIL June 28, 2013 RETURN RECEIPT REQUESTED Director of the Ithaca Urban Renewal Agency City of Ithaca City Hall 108 E. Green St. Ithaca, NY 14850 Re: Option To Purchase Real Property Dear Sir or Madam, Reference is hereby made to the Option To Purchase Real Property agreement, dated February 14, 2002, by and between the City of Ithaca("Optionor") and Building Links Inc. ("Optionee"). Please be advised that the Optionee hereby provides Written Notice of Optionee's Intent to Exercise the Option in accordance with paragraphs 2, 3, and 6 of the above - referenced document. Pursuant to paragraph 2 of the above referenced document, please find enclosed the requisite good faith deposit in the form of a bank cashier's check in the amount of five thousand ($ 5,000.00)Dollars payable to the City of Ithaca. Very Truly Yours, Building Links Inc. By: Cynthia Yahn, President ® CA Item 3.1 i .00p Cashier's Check No. 1359800255 I o jJoUce to,Purehaser in the event llieE this check tg Idst mtsplacPd or ,;:. �. w0 d A�eC 9�DayS i 30 1/114b � Date 06/28/13 03: 9�04'PM stolen;a sworn stelemerit and 90-day�daiting period iy�ll be7equired � P prior lo'rep(acement This check should be negotiated withiU 9D days {�'f}( '. ITHACA _<�0004 �0025437 0103 BANK OF Pa AMERICAFIVE z®o z®o zE�ao ®® ***$S 000.00 ti Y �� To The CITY OF ITHACA Order Of `}Remitter(Purchased By): BUILDING LINKS INC �- Bank of America,N.A. -=---- -- ��_ � -- - , '=..SAN ANTONIO,TX AUTHORIZED S ATURE u' 13 5 9800 2 5 511' ': L L40000 L91: 00 164 L00497 ?I'm ?RIGINAL DOCUMENT HAS A REFLECTIVE WATERMARK ON THE BACK. HOLD AT AN ANGLE TO VIEW WHEN CHECKING THE ENDORSEMENTS. I � I 4 i u h y CA Item 3.1 o i� 2.1�gtb� CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 ftmn � DEPARTMENT OF PLANNING AND DEVELOPMENT .......... � H. 1NL-=HYS%AN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT Telephone: Planning & Development - 607-274-6550 Community DevelopmendIURA - 607-274-6559 Email: planningCacitn'ofithaca.org Email: iura@citvofithaca.org Fax: 607-2-4-6558 Fax: 607-274-6558 I March 4, 2002 I i Project Growing Hope, Inc. PC Box 606 i Ithaca, NY 14851 Subject: Sale of Carpenter Business Park Dear Project Growing Hope, Inc.: I am writing to inform you that the Ithaca Urban Renewal Agency and City of Ithaca completed the sale of Carpenter Business Park to Building Links, Inc. on February 19,2002. Included in the sale is a purchase option of the City- owned parcels leased by Project Growing Hope, Inc, (enclosed). It is my understanding that the purchase option will not affect your current lease of the City-owned property utilized for the Community Gardens,which extends through December 31, 2013,without your consent. During the term of your lease the purchase option may only be exercised with the approval of Project Growing Hope, Inc. Upon expiration of the lease,the option may be exercised if the Common Council decides not to extend or renew the lease with Project Growing Hope, Inc. Please note that property sold to Building Links, Inc. included the Carpenter Circle road right-of-way(including road, curbs and sidewalk). However,the City reserved an easement through Carpenter Circle for access to the Community Gardens. If you have any questions about this matter, please contact me at 274-6559 or by e-mail at nelsbpcityofithaca.org. i Respectfully, Nels Bo Director of Community Development, IURA Encl. Purchase option agreement c: P. Dunn,Assistant City Attorney H.M.Van Cort, Executive Director, IURA C.Yahn,Building Links, Inc. project file chrono q:(planninglstafllnelsliuralproperty dispositionlcarpenteNet project growing hope 3.4.02.doc An Equal Opportunity Employer With a commitment to workforce diversification." p o CA Item 3.1 OPTION TO PU CHASE REAL PROPERTY This agreement is made and entered into this gay of February, 2002, by and between the City of Ithaca„ with offices at 108 East Green Street, City of Ithaca, Tompkins County, State of New York, herein called "Optionor", and Buildins Links, Inc., a not-for-profit corporation with principal address at P.O. Box 6803, Ithaca, New York, herein called i "Optionee". i In consideration of the sum of One Dollar ($1.00) paid by Optionee to Optionor, the E receipt of which is hereby acknowledged, and other good and valuable consideration, Optionor { hereby grants to Optionee, Optionee's heirs, executors, administrators, successors and assigns, ` i the exclusive right and option to buy certain property located in the City of Ithaca, County of I Tompkins, State of New York, commonly known as the Community Gardens, bounded and 4 t described as follows: E : 1. Description of property. ALL THAT TRACT OR PARCEL OF LAND situate in the City of Ithaca, County of Tompkins and State of New York, beginning at a point in the northerly line of the 1 premises of the grantor which point is located the following courses and distances from a pin set in the northerly line of the premises of the grantor and the westerly line of Third Street: S 34° 17' i 32" W along the northerly boundary of the lands of the grantor a distance of 217.82 feet to a pin s set in the northwesterly corner of the street known as Carpenter Circle;thence S 34'41' 32" W a { distance of 55.00 feet to the point or place of beginning. i I running thence.along a curve to the left an arc distance of 65.82 feet, said course having a f radius of 230.00 feet and a chord bearing and distance of south 04' 04' 54" west, a distance of 65.60 feet to a point, running thence S 041 07' 11"E a distance of 85.80 feet to a point, i i i i i AACarpenterParkoption to purchase revised.doc 1 { i i i CA Item 3.1 running thence along a curve to the right an arc distance of 97.88 feet, said course having a radius of 140.00 feet and a chord bearing and distance of south 15' 54' 37"west, a distance of 95.90 feet to a point in the northerly boundary of a street commonly known as Carpenter Circle, running thence S 35' 56' 24" W a distance of 203.20 feet to a point in the northerly boundary of Carpenter Circle, running thence N 56' 14' 08" W a distance of 113.65 feet; running thence N 34 41' 32" E a distance of 419.10 feet to the point or place of beginning. ALSO, ALL THAT TRACT OR PARCEL OF LAND situate in the City of Ithaca, 1 County of Tompkins and State of New York, beginning at a point in the southerly line of the I street commonly known as Carpenter Circle, said point of beginning being located the following five courses and distances from the point of beginning of premises of the grantor being conveyed to Building Links,Inc, concurrently with this Option to Purchase: I i r 1. S 31' 27' 28"E a distance of 100.69 feet to a pin at the easterly line of the premises of i the grantor and the westerly line of third Street; 2. thence S 58' 32' 49" W a distance of 82.90 along the southerly boundary of a street i commonly known as Carpenter Circle; 3. thence continuing along the southerly boundary of Carpenter Circle running along a i curve to the left an arc distance of 185.81 feet, said course having a radius of 170.00 feet and a chord bearing and distance of south 27' 11' 19"west, a distance of 176.70 feet, t i 4. continuing thence along the southerly boundary of Carpenter Circle S 04' 07' 11" E a distance of 50.91 feet to a point located 0.9=feet easterly of a pin found, i 5. continuing thence S 04' 07' 11" E a distance of 22.08 feet along the southerly boundary of Carpenter Circle and the boundary of lands reputedly of Hoyt Benjamin to a pin set i S I which is the point of beginning. I Thence South 30 degrees 54 minutes 28 seconds East, 264.72 feet to a point located 0.2+ i feet westerly from a fence post in a chain link fence; E AACarpenterParkoption to purchase revised.doc 2 i i i i i CA Item 3.1 running thence South 33 degrees 47 minutes 32 seconds west, 228.3 feet to a point marked by an iron pin; running thence North 56 degrees 11 minutes 5 seconds West, 196.92 feet to a point marked by an iron pin; running thence North 35 degrees 56 minutes 24 seconds east,201.0 feet to a point; r running thence on a curve to the left an are distance of 139.83 feet, a chord distance of North 15 degrees 54 minutes 37 seconds east, 137.0 feet to a point; E i ruining thence North 4 degrees 7 minutes 11 seconds east, 12.81 feet to the point or place t i of beginning. i The above parcels are shown as Parcels "A" and `B" on a survey map entitled "Survey Map Carpenter Business Park, Third Street and New York State Route 13, City of Ithaca, r Tompkins County, New,York," dated 6/l/2001, amended 9/17/2001 and 2/15/2002, prepared by T.G. Miller P C. Engineers and Surveyors, which map is intended to be filed in the Tompkins County Clerk's Office concurrently herewith. 2.Purchase Price I Purchase price is seventy thousand ($70,000) Dollars adjusted on the date of Optionee's exercise of this option to the "Consumer Price Index for All Urban Consumers (CPI-U) for the Northeast Urban Region" as prepared by the U.S. Bureau of Labor Statistics. A nonrefundable good faith deposit of five thousand ($5,000) Dollars is payable upon exercise of the option and shall be included with Optionee's written notice of its intent to exercise the option with the I i remaining balance payable at closing. f 3. Terms 1. Subject to lease. Purchase of the Community Gardens is subject to the lease on the property. I 1 i ! I I A:\CarpenterParkoption to purchase revised.doc 3 F � CA Item 3.1 , I 2. Written Notice. Notice of Optionee's intent to exercise the option shall be provided to 1 the Optionor in writing, by certified mail, return receipt requested, made to the Director of the Ithaca Urban Renewal Agency. Failure to provide such writing within the option period, even if notice has been provided orally or by some other method, shall be construed as having allowed j f the option to expire. Written notice of intent to exercise this option shall be deemed Notice of Acceptance of the option. 3. Closing. Closing is to take place no later than twelve (12) months after Optionor has received written notice of intent to exercise the option. i t � 4. Title. Title to the property shall be conveyed by warranty deed free and clear of all encumbrances. Optionor shall provide ten (10) year tax searches, an Abstract of Title and a title search covering at least forty (40) years to time of transfer, showing good and marketable title, free of liens and encumbrances. j 5. Duration of option. This option to purchase is for twenty (20) years commencing on the day, month, and year E indicated above. Under no circumstances shall this option extend beyond the twenty (20) year period indicated herein. E 4 6. Manner of Exercising. 1. This option may be exercised at any time within the twenty (20) year period indicated F above under the following terms and conditions: (i) During the term of current lease. Optionee may exercise this option during the current lease period by providing written notice to the Optionor, by certified mail, return receipt i requested, of its intent to exercise said option along with presentation to Optionor of satisfactory proof from the Board of Project Growing Hope, Inc., or its successor in interest, of the approval by said Board of the conveyance to Optionee. i (ii) After the current lease has expired or been terminated. Optionee may exercise this ng option after the lease with Project Growing Hoe Inc. or its successor in interest has p J � p > i expired or been terminated by i I i t AACarpenterParkoption to purchase revised.doc 4 t f I I CA Item 3.1 - providing notice to Optionor of Optionee's intent to exercise the option upon expiration of the lease. Such notice shall be provided at least six months prior to exercise of this option but not more than six months prior to the date that the lease writh Project Growing Hope, Inc. expires or terminates. Said notification by Optionee shall be in writing, by certified mail return receipt requested, stating that the Optionee elects to exercise its option unless the Optionor extends its lease 3 with Project Growing Hope, Inc. The City shall then have six months to sign a s lease extension or a new lease with Project Growing Hope, Inc. i -In the event the City chooses to either renew. or extend its lease with r f Project Growing Hope, Inc., then and in that event, Optionee shall be entitled to exercise its option under the same terms as described in (i) above so long as said f option is exercised within the twenty(20) year time period of this agreement. -In the event the City chooses not to renew or-extend its lease with Project Growing Hope, Inc., then and in that event, Optionee shall be entitled to exercise j f its option and proceed to closing. (iii) No notice of intent to exercise option. If the City chooses not to renew or extend its lease with Project Growing Hope, Inc. and the Optionee has not provided notice of its intent to exercise its option as described in (ii) above, then Optionee shall have one (1) year from expiration of the lease with Project Growing Hope, Inc. in which to provide Notice to the City of its intent to exercise its option. -If the Optionee provides such Notice, then closing shall take place within twelve(12)months of said Notice. -If the Optionee chooses not to exercise its option, then this Option to Purchase shall automatically expire and shall have no further force or effect twelve (12) months after expiration or termination of the lease between the City t and Project Growing Hope, Inc. i 2. Closing. Once Optionee has provided Notice of intent to exercise the Option, then k closing shall take place within twelve (12)months of provision of said Notice of Intent. 3. Time is of the essence in this Option to Purchase. All time limitations as provided a above, both for the provision of Notice to exercise the option and for closing, are of the essence. 3 i AACarpenterParkoption to purchase revised.doc. 5 E I S CA Item 3.1 Failure to perform shall render this Option to Purchase null and void and of no further force and effect. 7. Real Property Taxation. In the event that the property subject to this Option to Purchase, or any portion of the property, be determined to be tax exempt, Optionee and Optionee's successors and assigns of this Option to Purchase agree to make a payment-in-lieu-oftaxes to the city of Ithaca equivalent to the taxes which would be paid if the property, or any portion of the proper, , were fatly taxable. The schedule of payment and penalties for late payment for such payment-in-lieu-of- taxes shall be in accordance with the schedule and laws governing real property taxes. 8. Real Estate Brokerage. It is understood and agreed that no real Estate broker or salesperson was, or is, involved with any aspect of this Option to Purchase, including but not limited to, exercise of said option or closing. This contract will be binding upon and shall inure to the benefit of the parties hereto and to their respective heirs, successors, or assigns. In witness whereof, the parties have duly executed this agreement on the day and year indicated above. CITY OF ITHACA Dated:February A 2002 Alan J. Cohen,Mayor BUIL , G LINKS, INC. 1 it � Dated: r,1 r �� �{'z EL T Cynthia Yahn,-P�esident, Building Links, Inc. KAReal Estate\Carpenter Park\CarpenterParkopt3on to purchase.doc 6 CA Item 3.1 STATE OF NEW YORK ) )ss.: COUNTY OF TOMPKINS ) On this �= day of February, 2002, before me, the subscriber, personally came Alan J. Cohen, 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 that he resides in the City of Ithaca, Tompkins County,New York, that he is the Mayor of the City of Ithaca, that he has been duly authorized to execute this instrument on behalf of the City of Ithaca, that he signed this instrument pursuant to such authorization and is known to me to be the individual described in and who executed the foregoing instrument and duly acknowledged to me that he executed the same on behalf of the City of Ithaca. PATRICIA DUNN Notary Public, State of New York _� ``�� l No. 4948393 Cz�77 rcc0 ✓ Qualified in Tompkins County Commission Expires March 20, 20�3 Notary Public STATE OF NEW YORK ) )ss.: COUNTY OF TONfPKNS ) On this day of,u6-� , 2002, before me, the subscriber, personally came Cynthia Yahn, 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 that she resides in the City of Ithaca, Tompkins County, New York, that she is the President of Building Links, Inc., that she has been duly authorized by the Board of Building Links, Inc. to execute this instrument on behalf of Building Links, Inc., that she signed this instrument pursuant to such authorization and is known to me to be the individual described in and who executed the foregoing instrument and duly acknowledged to me that she executed the same on behalf-pf Building Links,Inc. i PE i ER GROSSMAN Notary Public,State of New York fl.. l No.02GR464322& Notary ub is Qualified in Tompkins county Commission Expires August 31,2QQ,y KAReal Estate\Carpenter Park\CarpenterParkopfion to purchase.doc 7 i CA Item 3.1 Sllda�y 44M CENTER OF RAILROAD SIDING (PRES ENTLY INACTIVE) 2 hs-/oz PIN pp SET Le- 71va 10.42' Ok L'i 20'WIDE WATER CO NCR MON. FOUND ell,U41N EASEMENT CONVEYED 1.2'-t SLY OF CDR.. P4� TO THE CITY OF ITHACA Grp SEE GO 2500,PG 5046 20'WIDE SANITARY SEWER MAIN EASEMENT PARCEL D CONVEYED TO THE CITY OF ITHACA SEE CO 2500. PG 5045 CH- S 27*11'19" W 176.70' R-170.00' SET k ARC=185.81' PIN CFMNLI14K FENCE POST 20'WIDE SANITARY I STORY 2.0'1 SLY OF CDR. r SEWER MAIN EASEMENT BUILDING CONVEYED TO THE CITY OF ITHACA D,6 5D,6 5D,6 5D,6 5D,6 ,STORY l SEE CO 2500,PG 5046 I h 'I� BUfLDINC, BENJAMIN (R.O.) PIN FOUND a 662146 1.1,1 NWLY OF CORNER y. PIN FOUN PIPE r CORNER FOUN PIPE P1N N 34- FOUND 12.5 7' 0 FFNCf COR 'd OF e 0 H PIN PARCEL CH- I K.> 59 S 15*5437" W 1 0. 137.00' CHAINLINK o C 7.8 R-200.00' FENCE POST ARC-139.'83' h 0.2'tELY OF CORNER OMMUNITY GARDENS" RCEL B "commut ITY PA CE A W N ^ \ 20'WIDE WATER LWAU MAIN EASEMENT CONVEYED 0 THE CITY OF ITHACA SEE CO 2500,PG 5046 -0- IL Ll WOOD FENCE.9'.4 2.I'l i 4' 7A) PI SET FOUND PIN S 56-1r0,5'- E 196,92' FOUND SE PIN 'ARY MENT f, C) or CA 504 CA Item 3.1 1.2 Future use of City-owned Land at the Former Carpenter Business Park — Resolution By Alderperson Dotson: Seconded by Alderperson Murtagh WHEREAS, the City of Ithaca/Ithaca Urban Renewal Agency (IURA) executed a Purchase Agreement with Building Links, Inc. in 1999 for approximately eight acres of undeveloped land zoned 1-1 located in Carpenter Business Park (CBP), which gave Building Links, Inc. an option (the "Option") to purchase Carpenter Business Park Tax Parcel 36-1-3.4, which Option was subsequently defined in a 2002 agreement, and WHEREAS, the City leased CBP Tax Parcel 36-1-3.4 to Project Growing Hope, Inc. for a twenty-year term expiring on December 31, 2013 for use as a community garden, and WHEREAS, the City of Ithaca, in anticipation of future development invested over $500,000 to build the infrastructure necessary for commercial development in the former Carpenter Business Park; and WHEREAS, included in the sale of Carpenter Business Park was a purchase option of the City owned parcels leased by Project Growing Hope, Inc., which option could only be exercised during the term of the lease with the approval of Project Growing Hope, Inc.; and WHEREAS, upon expiration of the lease, said option could be exercised if the Common Council decided not to extend or renew the lease with Project Growing Hope, Inc.; and WHEREAS, Building Links, Inc., has approached the City requesting that the lease with Project Growing Hope, Inc., not be extended beyond the December 31, 2013 expiration date; and WHEREAS, Project Growing Hope, Inc. has approached the City requesting renewal of the lease, and WHEREAS, it is generally agreed that community gardening is a valuable public benefit for City residents; and WHEREAS, the City has not yet begun an analysis of the physical, legal, and financial feasibility of other community gardening sites within the City limits; and WHEREAS, relocation and construction of community gardens would be most appropriately located on land that is publicly owned and not intended for future development, and WHEREAS, it is generally agreed upon that the Carpenter Business Park is an appropriate location for economic development; now therefore be it RESOLVED, That the Common Council directs the Mayor and City Attorney to enter into lease negotiations with Project Growing Hope, Inc. in order to renew the lease, for a CA Item 3.1 mutually agreed-upon term for the current site at the Carpenter Business Park; and be it further RESOLVED, That the lease terms commit the City to early termination if and when all the following conditions are met: • Final Site Plan approval by the City of Ithaca Planning Board for the development of the lands comprising the Carpenter Business Park, of which the parcel leased to Project Growing Hope, Inc. is included, and; • A signed agreement with the developer for above-mentioned Site Plan that provides the City with an easement for a future public roadway that would connect Cascadilla Street to Third Street, through the proposed project site, in order to facilitate and safely manage traffic impacts of additional development in the vicinity, and; • Successful negotiations between the City and the developer for an agreed upon cost to be paid by the developer and to be solely used by the City for relocation, construction, and the establishment of a management framework for a substitute garden, and; • And, if relevant, submission of written notice of optionee's intent to exercise the option to acquire the Community Garden parcel pursuant to the "Option to Purchase Real Property" agreement between the City of Ithaca and Building Links, Inc., dated February 2002; and be it further RESOLVED, That the City provide, upon request, an owner's authorization letter to any developer interested in applying for site plan approval for all of the Community Garden site as part of a proposal to develop the lands of the Carpenter Business Park ; and be it further RESOLVED, That a final lease agreement is subject to Common Council approval; said approval to be sought by the Mayor and City Attorney not earlier than July 1, 2013. Ayes (9) Dotson, Clairborne, Murtagh, McCollister, Fleming, Smith, Kerslick, Proulx, Mohlenhoff Nays (1) Brock Carried (9-1) CA Item 3.1 TO: Chris Proulx,Chair, City Administration Committee FROM: Sheryl Swink,on behalf of the Board of Directors,Project Growing Hope,Inc. (PGH) DATE: July 12,2013 RE: Negotiations for New City/Project Growing Hope Lease for Ithaca Community Gardens As you know,the current,20-year lease between the City of Ithaca and Project Growing Hope (PGH) for the site known as the Ithaca Community Gardens, expires at the end of 2013. This is a summarized update, for the City Administration Committee, from the perspective of PGH, on the negotiations for a new lease,which the Common Council directed to happen in a resolution it passed in September 2012. For the reasons explained below,PGH believes that more discussion is urgently needed on this lease. 1. The Negotiation Process,to date. - PGH had asked to start early lease discussion and negotiations in the Spring of 2012;that didn't happen and instead the topic was pre-empted by Building Links and Aeon's insistence that the Gardens lease(of 2.25 acres)was preventing development of the adjacent,privately-owned land (at least 8 acres,purchased from the City in 2002). - The Council resolution of September 2012 indicated that the Council would not consider a proposed, new lease prior to July 2013. - PGH found two attorneys (Jake McNamara and Dan Hoffrnan)who offered pro bono representation. An informal,preliminary meeting, in late March,was arranged between the PGH negotiating team and Mayor Myrick and an Assistant City Attorney. The City Attorney then asked PGH to prepare a proposed,new lease,which was submitted to the City in advance of the first actual negotiating session,which occurred on May 22,2013. - At the meeting on May 22nd,negotiators from the City(the City Attorney and an Assistant Attorney) and from PGH agreed on most terms of a proposed new lease,but there was not agreement on several key issues. Following this meeting, on June 18th,the City Attorney sent to PGH the lease draft he said he intended to present to the City Administration Committee, including his language for the terms that were not agreed upon. - No further negotiation sessions have been scheduled. - PGH believes that given the serious implications of the lease terms, further, direct discussion and negotiation are needed. 2. The September 2012 Common Council Resolution on a New Lease for the Gardens. - The resolution was put together and acted upon under great pressure(and misinformation) from Building Links, and without appropriate consideration of the importance of the Gardens and the implications of its being forced from its current site,with no plan for relocation. - PGH and Gardens supporters had little opportunity to make the case to legislators for continuation of this popular 40-year program and its 30-year site. - For over 30 years, City administrations have attempted to support the community gardening concept and to ensure that a large, accessible garden site is available and protected. Even the no-cost option given to Building Links required the consent of PGH before the site could be sold. - When Council acted on its resolution, last year,there was an unrealistic impression that relocation of the Gardens,to a number of smaller, convenient sites,was feasible. - PGH has made it clear that it supports development of the privately-owned land adjacent to the Gardens site, and, during lease negotiations, offered a set of concessions intended to facilitate such development in the context of a continued Gardens presence. CA Item 3.1 3. Remaining Issue#1: Early Termination of Lease, as a Concept. - PGH continues to believe that it would be best for the community if the Gardens had the security of a new, long-term lease without the threat of early termination by the City. • Both the City and the gardeners have invested in this site and its soil, for 30 years. • Experience and research show that larger community gardens tend to be more successful; multiple, small sites are less efficient to operate,and lack the spirit,camaraderie and sharing that happen at larger ones. This is especially important for the immigrant,low- income and disabled constituencies PGH seeks to involve and benefit. • Despite the efforts of a City-assisted working group,no potential, large site for relocation of the Gardens has been identified,nor have feasible small sites been found. Available, open land in the City, appropriate for gardens, is extremely scarce and expensive. • Other,progressive communities(for example,Portland, Oregon) are recognizing that community gardens are a critical component of a commitment to sustainability,urban agriculture and food security. Municipalities are developing local food policies that ensure the protection and expansion of community gardens and other initiatives promoting local and regional self-sufficiency,healthy food for all, etc. • As noted above,PGH has proposed that,instead of an early termination option,the new lease require PGH to take steps to facilitate the development of the adjacent,privately-owned property-for example,by vacating the site temporarily to accommodate burial of the NYSEG power lines,or by"trading"a portion of the leased land for land of the adjacent owner, if site reconfiguration would enhance development options. 4. Remaining Issue#Z: Timeframe and Process for Any Early Termination. - If Council continues to view commercial development of the Gardens site as its preferred use, and insists upon an early termination provision, it should give reasonable, adequate notice. - PGH is asking for 3 years (or 3 garden seasons), from the time City conditions are met(rather than 90 days, as the City Attorney has proposed). 90 days does not necessarily even allow gardeners to complete a growing season(something PGH promises they can do,when they rent a plot). - PGH is asking for official notification of each step along the way to potential early termination. (I recently learned,through a completely chance encounter with a City official,that Building Links has apparently notified the City of its intention to exercise its option to purchase the Gardens site. PGH has not received any official notification of this.) - Determination,re: satisfaction of City conditions: PGH asks that the lease ensure this is a transparent process,with a decision to be made openly,by Common Council(rather than by the Mayor, on his own). 5. Remaining Issue#3: Mitigation for Any Early Termination. - If the City wants a community gardens program to continue,notwithstanding a potential early termination of the new lease, it must ensure a mechanism that will enable a viable new site(or sites)to be found and secured,before the current site is lost. - PGH wants to be"at the table"for any search, evaluation and decision-making process for a new site or sites, and for consideration of what amount of funding will be needed to ensure continuation of a comparable program, in the event that relocation is required. 6. Remaining Issue#4: Insurance Coverage. - PGH notes that its operations at the leased site are relatively low-risk. - New levels of coverage requested by the City will impose a financial burden on PGH and gardeners, the majority being low to very-low income residents of the City. - Coverage initially proposed by the City is greater than what is required of the Children's Garden. - The City Attorney has indicated that there might be some flexibility on this, on the City's part. 3. City Administration, Human Resources, and Policy .2 Approval of NYSEG Easement through Parcel 55.4-1 on Slaterville Road July 24, 2013 WHEREAS, the City of Ithaca owns a parcel of land, 55.-1-1, bordering Route 79 (Slaterville Road), which houses a water intake plant integral to the City's plan to increase the capacity of its water treatment facilities, and WHEREAS, the water intake plant requires a connection to the electrical system operated by New York State Electric & Gas Corporation(NYSEG), and WHEREAS,NYSEG, in order to supply the plant with power, must expand its infrastructure by installing a transformer on the City's property, and WHEREAS,NYSEG has submitted to the City an agreement that would grant it a permanent easement and right of way to install and maintain said transformer and its fifteen (15) feet by fifteen(15) feet square concrete base on the City's land, to be located approximately 1200 feet south of Route 79, and WHEREAS, installation of the transformer will cost $1880, which has been included in the Council-approved budget for the water system expansion,be it therefore RESOLVED, That Common Council grants the permanent easement requested by NYSEG so that the City may continue with the expansion of its water system, and authorizes and directs the Mayor to sign the necessary documents. J:\DRedsicker\AGENDAS\City Admin Comm\2013\7-24 CA Agenda.docx 7/24/13 CA Item 3.2 SIT CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 e 8 OFFICE OF THE CITY ATTORNEY Aaron O. Lavine, City Attorney Telephone: 607/274-6504 Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 o Krin Flaherty, Assistant City Attorney Jared Pittman, Assistant City Attorney Jody Andrew, Executive Assistant MEMORANDUM To: City Administration Committee From: Krin Flaherty, Assistant City Attorney Noah Black, Legal Intern Date: July 15, 2013 Subject: NYSEG easement across City-owned land Chapter 170-5(C) of the City Code states that Common Council must approve permanent easements across City-owned land. Water and Sewer requested that the City Attorney's Office review the attached proposed easement across City-owned land. This easement is submitted as part of the water plant upgrades. The City requested that NYSEG connect the water intake facility on Slaterville Road to NYSEG electric. The agreement grants NYSEG a 15 by 15 foot square of land, approximately 1200 feet south of Slaterville Road, along Six Mile Creek Vineyard Road. NYSEG expects the installation to cost$1,880. This cost has been included in the budget for the water system. After installation, NYSEG continues to hold the right to use the City's land to maintain the transformer and attached power lines. Upon review and consultation with Water and Sewer, the City Attorney's Office submits the proposed easement to Common Council to approve and authorize the Mayor to sign the attached easement agreement. "An Equal Opportunity Employer with a commitment to workforce diversification." CA Item 3.2 VFM=KrRv ;� June 5, 2013 City of Ithaca Attn: Chuck Baker, Building Dept. 108 East Green Street Ithaca, NY 14850 RE: Electric Service Off State Route 79 Town of Ithaca Tompkins County Tax Map# 14850 Dear Mr. Baker: NYSEG has received a request for electric service from the City of Ithaca at the above referenced parcel. Enclosed please find an easement and a sketch showing how NYSEG wishes to extend its facilities across the City's property(padmount transformer). If you are agreeable to these facilities as shown, please have a City Official who is empowered to sign the Easement, do so with black ink, in the presence of a Notary Public. The Notary Public should complete a"Personal or Corporate Acknowledgment" on the back of the Easement. Please return the Easement and a copy of the related City Resolution to me at your earliest convenience in the enclosed return envelope. Please feel free to contact me at 607-347-2108 with any questions. Sincerely, A , Kristine A. Franz NYSEG Real Estate t � rg oad,Ithaca,NY iggso-ssio IBERDROLA USA An equal opportunity employer Printed on recycled paper L� CA Item 3.2 NEW YORK STATE -WSEG ELECTRIC&GAS CORP. JOB TITLE: NS, STATE ROUTE 79, ITHACA DATE: 05/31 /13 NEAR SIX MILE CREEK VINEYARD RD REVISION: DRAWN BY: RAH COUNTY: TOMPKINS NOTIFICATION #301094290 TOWN: ITHACA WORK ORDER # 1000482427 SUB/CKT: EAST ITHACA 404 (02 , 05) N L308 CUSTOMER CITY OF ITHACA — BLDG DPT (607)274-6570 CONTRACTOR JOE ROSATI (607)772-6799 REVISED ^ 1200' ROE Ro sr�rE RoUr 79 2S TO Ov 54p iY7 ACgp 44 ACSR 755 ACRE LOT o NO MEANINGFUL MEASUREMENTS FROM PL U44-- 1 25 �zw CA Item 3.2 EASEMENT THIS INSTRUMENT WITNESSETH THAT CITY OF ITHACA b hereinafter called°the Grantor(s), being the owner(s) of or having an interest in land situate in the TOWN of ITHACA , County of TOMPKINS , State of New York,fronting on the street or highway known as STATE ROUTE 79 bounded EASTERLY IN PART by lands of N/F TOWN OF ITHACA and WESTERLY IN PART by lands of NIF CITY OF ITHACA , for and in consideration of the sum of One and No/100 Dollars ($1.00), the receipt of which is hereby acknowledged, does hereby grant and release unto NEW YORK STATE ELECTRIC &GAS CORPORATION, a corporation organized under the laws of the State of New York, having an office at 18 Link Drive, in the Town of Kirkwood, County of Broome, State of New York, hereinafter called the Grantee, its lessees, licensees, successors and assigns forever, a permanent easement and right of way, with the right, privilege and authority to install, construct, reconstruct, extend, operate, inspect, maintain, repair, replace, and at its pleasure, remove, underground electric, gas and communication systems, including cables, wires, vaults, pedestals, closures, hand/man holes, pipes, ducts and conduits, with the necessary fixtures or appurtenances thereto, including transformers and switching equipment, which the Grantee shall require now and from time to time for the underground transmission and/or distribution of electric current, natural and/or manufactured gas and communications, for public or private use, in, upon, over, under, and across said land and/or the highways abutting or running through said land. The easement and right of way hereby granted and released is -15- feet in width throughout its extent, situate, lying and being as follows: SAID EASEMENT AND RIGHT OF WAY IS GRANTED FOR THE RIGHTS TO INSTALL, MAINTAIN AND REPAIR A PADMOUNT TRANSFORMER(PU44-1)TO BE LOCATED UPON GRANTORS LANDS, INSTALLED ON A PRIVATE CONCRETE ( OR OTHER ACCEPTABLE TYPE) PAD AS CONSTRUCTED. SAID EASEMENT AREA SHALL BE FIFTEEN (15) FEET BY FIFTEEN (15) FEET SQUARE WITH THE TRANSFORMER CENTERED THEREIN. THE CENTER OF SAID EASEMENT AREA SHALL BE GOVERNED BY THE ACTUAL PLACEMENT OF SAID PAD, THE CENTER OF WHICH SHALL BE LOCATED A DISTANCE OF ABOUT ONE THOUSAND TWO HUNDRED (1200) FEET SOUTHERLY FROM THE CENTERLINE OF STATE ROUTE 79 AND SOUTHEASTERLY OF GRANTORS PUMP HOUSE. TOGETHER WITH UNOBSTRUCTED FREE INGRESS AND EGRESS AT ALL TIMES UPON, OVER AND ACROSS GRANTORS DRIVEWAY AND THE LANDS ADJACENT THERETO TO THE EXTENT NECESSARY TO ACCESS THE TRANSFORMER WITH PERSONNEL, VEHICLES AND EQUIPMENT. THE GRANTEE SHALL NOT BE RESPONSIBLE FOR THE REPAIR AND/OR MAINTENANCE OF THE PRIVATELY INSTALLED UNDERGROUND CABLES. THE GRANTEE, its successors and assigns, are hereby expressly given and granted the right to assign this easement and right of way, or any part thereof, or interest therein, and the same shall be divisible among two or more owners, as to any right or rights created hereunder, so that each assignee or owner shali have the fuii rights and privileges herein granted, to be owned and enjoyed either in common or severally. TOGETHER with free ingress and egress over the easement and right of way and other lands of the Grantor(s) for all of the above purposes and the right now and from time to time to trim, cut, burn, treat and/or remove by manual, mechanical and chemical means trees, roots, brush, structures and other obstructions within said easement and right of way. PROVIDED, however, that any damage (other than for trimming, cutting, treating, burning and/or removing trees, roots, brush, structures and other obstructions as above provided) to the property of the Grantor(s), caused by. the Grantee in the exercise of its rights under this instrument shall be borne by the Grantee. RESERVING, however, to the Grantor(s).the right to cultivate the ground and the right to cross and recross said easement and right of way provided that such use of said ground shall not interfere with, obstruct or endanger_any rights granted as aforesaid and shall riot disturb the grade of said ground as it now exists, and provided that no structure shall be erected, no trees shall be grown, cultivated or harvested, and no excavating, mining or blasting shall be undertaken within the limits of the easement and right of way without written consent of the Grantee. This Instrument shall be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the Grantor(s) ha hereunto set hand(s)and seal(s)this day of IN PRESENCE OF: (E_.S.) Address: Address: Address: Address: RVV-7.02100 New York State Electric&Gas Corp.-Records Management&Real Estate Services ____ITHACA —Rb' :- 219 EASEMENT (Personal or Corporate Acknowledgment) (Personal or Corporate Acknowledgment) (Subscribing Witness Acknowledgment) STATE OF NEW YORK } STATE OF NEW YORK } STATE OF NEW YORK } Line 308_ COUNTY OF ss: COUNTY OF----_------_--__-- } _ -- } ss: COUNTY OF _ } ss: Auth. 3X.DLRW3 Parcel No. Area Cost Center No. _ 25009 On the day of .__ On the day,of On this day of Construction W.O. No. ____ 1000482427 , before me,the undersigned, a Notary , before me,the undersigned,a Notary _ ,before me personally name Public in and for said State, personally appeared Public in and for said State, personally appeared the subscribing witness to the foregoing instrument,with whom'I am personally acquainted, who being by me duly sworn,did depose and say personally known to me or proved to me on the personally known to me or proved to me on the that he reside(s)at basis of satisfactory evidence to be the basis of satisfactory evidence to be the -- --' TO individual(s)whose name(s) is (are) subscribed to individual(s) whose name(s) is (are) subscribed to - - ----- NEW YORK STATE ELECTRIC the within instrument and acknowledged to me that the within instrument and acknowledged to me that in the _ &GAS CORPORATION he/she/they executed the same in his/her/their he/she/they executed the same in his/her/their that _he knew capacity(ies), and that by his/her/their signature(s) capacity(ies), and that by his/her/their signature(s) to be the Individual_ described in and who on the instrument, the Individual(s) or the person* on the instrument, the Ind __ Individual(s) or the person* executed the foregoing instrument that -,he,said Dated , upon behalf of which the individual(s) acted, upon behalf of which the Individual(s) acted, Subscribing witness,was present and saw executed the instrument. executed the instrument. execute the same;and that _, said wit ness.. at STATE OF NEW YORK } the same time, subscribed F_ name as vAness COUNTY OF ----..___-- } ss: ------ — —_--_----- thereto. Notary Public; Notary Public Recorded on the _ day of Notary Public at o'clock M. in Book of Deeds at Page _ and examined. "For the purposes of this section, the term "For the purposes of this section, the term "person" means any corporation, joint stock "person" means any corporation, joint stock company, estate, general partnership (including company, estate, general partnership (including any registered limited liability partnership or foreign any registered limited liability partnership or foreign TAX MAP NUMBER limited liability partnership), limited liability limited liability partnership), limited liability company (including a professional service limited company (including a professional service limited Section _ 55 Block 1 Lot 1 (Clerk) liability company), foreign limited liability company liability company), foreign limited liability company (including a foreign professional service limited (including a foreign professional service limited RETURN TO liability company), joint venture, limited liability company), joint venture, limited PROPERTY MANAGEMENT partnership, natural person, attorney in fact, real partnership, natural person, attorney in fact, real RECORDS CENTER estate investment trust, business trust or other estate investment trust, business trust or other NEW YORK STATE ELECTRIC&GAS CORP. trust custodians, nominee or any other individual trust custodians, nominee or any other individual POST OFFICE BOX 5224 is less than$100.00 Consideration n this document or entity in its own or any representative capacity." or entity in its own or any representative capacity." BINGHAMTON, NEW YORK 13902-5224 CA Item 3.2 s ~td1 i t9 t- Tune 5 2013 CITY C?� Building Dept -z .. w. . .. 108 E Green Street Ithaca, NY 14850 Dear Valued Customer: Thank you for your request for electric service at the property located near 6 Mile Creek Vinyard Road, in the Town of Ithaca. I have enclosed our Customer Line Extension Worksheet which shows your cost to connect this service. Please return the following items to me at your earliest convenience using the enclosed self-addressed envelope: 1. The signed Customer Line Extension Worksheet (1 copy) 2. A check, payable to NYSEG, in the amount of $2,030.40 I look forward to assisting you with this request. Please feel free to call our local Engineering Office at 607-347-2501 if you have any questions or concerns. Very truly yours, Rick Hansen Electric Field Planner Ithaca Division RAH/df encl. 1387 Dryden Road,Ithaca,IVY 14850-8810 MERDROLA USA An equal opportunity employer Printed on recycled paper co CA Item 3.2 Customer Distribution Line Extension Worksheet I�heiiaatole.fisSL'ntictl. ****Distribution Line Extension Required**** PSC 119 Tariff Leaf 13 ESTIMATE FOR ELECTRIC SERVICE CONTRIBUTION Service Notification 301094290 CUSTOMER COST IF NYSEG CONSTRUCTS LINE Work Order# 1000482427 Applicant: Buildin-g Dt ep NOTE. credits appear in parentheses - -- TYPE R or C ; C Si ngfe Phase . : Dlstr Ext,. Service.Ext Service Location: Extension Foote e Slaterville Rd.(near 6 Mile Creek -------- Dr.) a). 10 Simple Service Conn. $5.55/f Ithaca, b. 10 Pole Line Ext. $12.411ft Civil Division: T/Ithaca 0 Riser Costs,. Mailing Address: 10 Secondary Riser 330 30 Secondary-Riser a$470 108E Green St. 10 Prima 15&35kV Risers 1 880 $1,880.00 ------------------------------------------------------ Ithaca, NY 14850-5614 20 Primary 15 kV Riser @ t-t8O 30 Primary 15 kV&35kV Risers @ t_CL10 Miscellaneous Other Day Phone# (607�274 6570 Othet 3 .Work - ------ --- 70--------------- Other Phone# 30 Svc Connection @$ 30 Pole Line Ext.@$ Ift Field Visit Date 5/20/2013 Other Fees Engineering Fee-$1.10 per foot Field Planner RAH _ ___ Permanency/Simple Redesign Fee-$175 ---------------------------- Temporary Service-10(w/o xfmr-$446) Notes: Temporary Service-10 w/xfmr-$1,321 Charges reflec#the standard underground Tree Clearing-s I$5lft,dbl$121ft riser fee. [!a on fee-$290 ------------------------- - -- - ne Relocation Design Fee($50o or 10%Ifs$5.000) iscellaneous Other Construction Cost[Dist/Svc Ext+Rlser+Other 30+Other Fees $0.00 $1,880.00 Extenslon.,'AllowatlCe fiQlsit!&Svc)„ <.,..._.. up 10 500 tt Up to 1011 ft Signature(Cust)_________________________________ a.)without poles at$5.55 per foot;footage!-- 0 $0.00 b. wi€h poles at$12.41 er foot;footage= 0 $0.00 Total Cost Subtotal Dist Ext+Subtotal Svc Ext $1,880.00 Total Allowance Dist Allowance+Svc Allowance et Cost to Customer Total Cost-Allowance $1,880.00 Signature(NYSEG Tax at % Enter here»»»»»»> 8 $150.40 Less Prior Payment(enter as negative) Total Customer Contribution Due: $2,030.40 Sketch This estimate represents the eonthihution necessary to install electric facilities to the above in accordance with NYSEG's fled tariff,and the sketch and quantities shown.The estimate Is based on the design reflected in the above sketch and is valid for 6 MONTHS.This is a construction estimate only and does not include account deposits or any other costs for service that may apply pursuant to NYSEG's tariffs. Please mail checks to: NYSEG Customer Engineering Dept._ Payable to NYSEG 301094290,Line Ext WorksheetALS Last Revised: 41112006 CA Item 3.2 Customer Distribution Line Extension Worksheet Retiabfe.LTswntfa *'Distribution Line Extension Required**** PSC 119 Tariff Leaf 13 ESTIMATE FOR ELECTRIC SERVICE CONTRIBUTION Service Notification 301094290 CUSTOMER COST IF NYSEG CONSTRUCTS LINE Work Order# 1000482427 A licant: Building Dept--------- _ TY NOTE: credits appear in arentheses PE R or C C ---- ati'' Service Location: Extension Footage Slaterville -- Rd.. K ie Cre- a).10 Simple Service Cann. $5.551ft - hea6. ekD-)---------- Ithara,NY 14850 b. 10 Pole line Ext.Q$12.41111 Civil Division: T/Ithaca Rlefl tt Mailin dress- 10 Secondary Riser 330 30 Secondary Riser @$470 108 E Green St. 10 Primary 15&35kV Risers 1 880 $1 880.00 lthaca,NY 14850_5614_ 20 Primary 15 kV Riser 180 30 Primary 15 kV&35kV Risers Q SJQJQ Miscellaneous Other iav Phone 607 274 6570 O h". _. lilio p ,.., Other PIJ0112# __ _ _ _ 30 Svc Connection{@$ 30 Pole Line Ext.@$-_ /ft 5 Field Visit Date 5/20/2013 dtii Engineering Fee-$1.10 er foot Field Planner RAH Permanent /Sim le Redesign Fee-$175 -------------------------------- Temporary Service 10(w/o xfmr-$446) Notes: Temporary Service-10 wlxfmr-$1,321 Chafes reflect the standard underground____ Tree Clearing-s I$5/ft,dbl$121ft riser fee. ___ Tap on fee-$290 Line Relocation Design Fee($5oo or 10%If>$5,000) Miscellaneous Other Construction Cost[Dist/Svc Ext+Riser+Other 30+011her Fee!L, $0.00 $1 880.00 Signature(Gust)__ a. without poles at$5.55 per foot;footage= 0 $0.00 b. with pales at$12.41 per foot;footage= 0 $0.00 Total Cost Subtotal Dist Ext+Subtotal Svc Ext $1 880.00 Total Allowance(01st Allowance+Svc Allowance et Cost to Customer jTotal.Cost-Allowance) $1 880.00 Signature(NYSEGZ-- _ Tax at °/u Enter here>>>»»»»» 8 $150.40 Less Prior Payment(eater as negative) Total Customer Contribution Due: $2,030.40 Sketch This estimate represents the contribution necessary to Install electric fadlides to the above in accordance with NYSEG's filed tariff,and the sketch and quantities shown.The estimate is based on the design reflected in the above stretch and Is valid for 8 MONTHS,This Is a construction estimate only and does not Include account deposits or any other costs for service that may apply pursuant to NYSEG's tariffs. Please mail checks to: NYSEG Customer Engineering Dept. Payable to NYSEG 301094290,Lfne go Worksheaf.XLS Last Revised.41112008 4. Finance, Budget, and Appropriations .1 Ithaca Urban Renewal Agency-Restore NY3,Downtown Commons Upper Story Housing, Assign Loan of Restore NY funds to ItalThai LLC from the City of Ithaca to the IURA WHEREAS, ItalThai LLC, the owner of the Mia restaurant building (AKA the Plantation Building) requests that the City assign its $900,000 Restore NY loan to IthalThai LLC to the Ithaca Urban Renewal Agency(IURA), and WHEREAS, on May 1, 2013, the IURA recommended that the City assign its Restore NY loan to ItalThai LLC to the IURA to administer, and WHEREAS, in 2009 the City of Ithaca(City) received a grant award of$1.15 million from the Empire State Development Corporation through the Restore NY program to complete upper story redevelopment of the Plantation Building and the Petrune building (located at 126-128 and 130-132 E. MLK/E. State Street), located within the urban renewal project boundary area. WHEREAS, $900,000 of assistance was earmarked to ItalThai, LLC (managing member Sunit "Lex" Chutintaranond) in the form of a grant to fill a financial gap in a proposed $2.5 million redevelopment of the Plantation building at 130-132 E. MLK Street, and WHEREAS, the City authorized the Ithaca Urban Renewal Agency(IURA) to administer and implement the Restore NY3 grant, and WHEREAS, a City/ItalThai LLC Restore NY pass through grant agreement was developed to provide for payment of a $900,000 grant to ItalThai LLC upon completion of the project, which agreement was executed by the City on January 10, 2011, and WHEREAS, in 2011 specialized tax credit legal counsel, Cannon, Heyman &Weiss, informed ItalThai LLC that injecting Restore NY3 funding from the City into the project as a grant would reduce the eligible tax basis of the project thereby decreasing the amount of tax credits available to investors and resulting in a financial gap for the project, and WHEREAS, a critical component of the financing plan for the $2.5 million project was to leverage federal and state historic tax credits generated by the project into investor equity of over $550,000, and WHEREAS, injecting Restore NY3 financial assistance into the project in the form of a loan does not reduce the eligible tax basis, and WHEREAS, as the project financing relied on attracting at least $550,000 in equity through historic tax credits, ItalThai LLC did not execute the Restore NY pass through grant agreement and requested that Restore NY funding from the City be provided in the form of a$900,000 loan at 0% interest with no payments due until the end of a 30-year loan term as a means to maximize equity attracted through historic tax credits, and J:\DRedsicker\AGENDAS\City Admin Comm\2013\7-24 CA Agenda.docx 7/24/13 WHEREAS, on April 25, 2011 the City and ItalThai LLC executed an agreement to loan $900,000 in grant funds awarded to the City of Ithaca to ItalThai LLC, which loan is secured by a mortgage on the project property, and WHEREAS, at that time, ItalThai LLC indicated they intended to seek City approval in the future to forgive this loan upon satisfactory completion of the project in recognition of the project's public benefits and that the City had originally agreed to provide Restore NY3 funds in the form of a grant to the developer, and WHEREAS, the mixed-use project has been successfully completed with a new ground floor restaurant, 16 FTE new living wage jobs created, 1,100 SF of office space, and 8 new housing units created of which two are occupied by low-and moderate-income households at affordable rents, and WHEREAS,both the Restore NY and federal and state historic tax credit programs have minimum 5-year compliance periods and the Restore NY program includes a"clawback" provision requiring repayment of grant funds to NYS in the event the project property is sold in the first 5 years, and WHEREAS, total project debt on the Plantation Building is approximately$1.7 million as of 2013, which exceeds the appraised value of the finished project, thereby impeding ItalThai's capacity to refinance and consolidate existing debt or take out new line-of-credit or term debt, and WHEREAS, the Restore NY loan, as currently structured, creates a significant obstacle to the ItalThai LLC financing repairs and building improvements during the 30-year term of the Restore NY3 loan, and WHEREAS, the IURA developed the Restore NY3 funding application, administered the Restore NY3 funds, loaned additional funds to the project to close financing gaps, regularly monitors the project and manages a loan portfolio of over$4 million, and WHEREAS, the IURA is better positioned than the City to administer the Restore NY3 loan and analyze future requests to subordinate the mortgage to new financing, modify collateral requirements and possibly forgive the loan to financially stabilize the project and facilitate future reinvestment in the property while ensuring that not more than a reasonable financial return is earned on the owner's equity investment, and WHEREAS, any assignment of the loan would transfer liability for compliance with regulatory requirements, including the "clawback"provisions of the Restore NY3 program, to the IURA, and WHEREAS, Section 503-a of GML authorizes assignment of the Restore NY3 loan from the City to the IURA, now, therefore,be it J:\DRedsicker\AGENDAS\City Admin Comm\2013\7-24 CA Agenda.docx 7/24/13 RESOLVED, That the City of Ithaca assign to the IURA the $900,000 Restore NY3 loan to ItalThai LLC, for the Plantation Building project located at 130-132 E. MLK Jr./E. State Street, and be it further RESOLVED, That the Mayor, subject to review by the City Attorney, is authorized to execute any agreement to assign the loan to the IURA, and be it further RESOLVED, That such assignment agreement with the IURA require the IURA to pay over to the City any net proceeds received from the loan, and be it further RESOLVED, That any out-of-pocket costs of the City to assign this loan shall be paid by ItalThai LLC. J:\DRedsicker\AGENDAS\City Admin Comm\2013\7-24 CA Agenda.docx 7/24/13 CA Item 4.1 April 2, 2013 Ithaca Urban Renewal Agency 108 E. Green Street Ithaca, NY To Whom It May Concern: I am writing this letter to explain the current financial situation of the Plantation Building Project as I was asked to clarify the reasons why this project ran over budget. It is my intention to explain the financial losses the project faced and I am attaching a chart to help visualize the break down of the sources of uses of funds for the Plantation Building. I am going to detail five major points that will help explain the financial difficulties that weighed down the project. 1. The Plantation Building applied for a $1,100,000 Restore NY Grant as it was needed for the project,but it only received $900,000. Confident that the project was a good long-term investment,we decided to go ahead and increase our personally financial involvement by absorbing the $200,000 difference in needed funds. 2. $377,000 increase in construction cost, as it is indicated in the chart. This increase in construction cost was due to the poor structural stability of the building, which required further work than expected. Unfortunately some of the structural problems became evident only during demolition and could have not been foreseen in the planning phase. Furthermore the Environmental Rehabilitation cost increased due to the fact that more asbestos were found in the building and needed to be removed at an additional expense. Lastly,the work required by SHIPO (State Historical Preservation) was a lot more costly than anticipated. 3. $228,000 increase in Soft Costs. This increase was mostly due to the cost involved with the State and Federal Historical Tax credit. One of the most salient points pertaining to the tax credit is the fact that the law surrounding the State tax credit was changed after the project had already started. Originally,the State tax credit could have been sold nationally, but with the new law the State credit could only be sold within the State. This decreased the purchasing market by a great deal, making it for a much more difficult and less competitive sale. Furthermore, this problem delayed the completion of the project,with all the added financial strains that a delayed project entails. Frankly, I underestimated the cost that this tax credit sale involved. Although I availed myself of legal, consulting, and accounting advice everyone involved still came short in the estimate of this part of the project. 4. $110,000 additional post-closing project expenses. $20,000 of which are additional accounting fees for cost certification, $60,000 of which are to be CA Item 4.1 Tr, err r, PI TE 1 i 4 MIA APARTMENTS ON THE COMMONS ITHACA NY February 19, 2013 Mayor Svante Myrick Ithaca City Hall 108 East Clinton Street Ithaca, NY 14850 RE: Mia Restaurant and Apartment Project Dear Mayor Myrick: Last fall you met with me, Nels Bohn, and Gary Ferguson to discuss financial re-structuring for the Mia Restaurant and Apartment project. As you may recall, the project utilized two funding sources that significantly affected our future. . . a $900, 000 Restore NY Grant and Federal and State Historic Rehabilitation Tax Credits. The City and the project successfully competed for and won a Restore NY grant in 2009 for the restoration of the former Plantations Building at 130 The Commons into a restaurant and apartments. To satisfy conditions of the historic tax credits that were needed to close the project's funding gap, we were advised to convert the Restore NY grant to a City loan that would be administered by the Ithaca Urban Renewal Agency (IURA) . The IURA subsequently agreed to this unusual change, creating a City held, 016 interest, 30 year loan, with no payment due at the end of the term. This conversion must remain in place for the five year holding period required by the tax credits. Since the enactment of this loan, the project has not proceeded as anticipated. - The project capital costs exceeded budget by $1,400, 000. (see attached financial statement) These overages were covered by ItalThai, but drained our reserves and our available assets. - The presence of the loan, even without any repayment requirements, has stifled our capacity to borrow. We are unable to borrow funds for operation or even for repairs to the property. 130-132 E.MLK Jr./E. State Street,Ithaca NY 4/5/2013 Sources&Uses of Funds-Restore NY3,Plantation Building Project,ItalThai LLC Planned Vs.Actual Post-Comp. Assessed Sources($) Planned Actual Repayable Appraised Value 4/30/2009 9/30/2011 Change % Debt Value-2009 2013 1st Mtg-20 yr amort.@ 6.19% 391,500 391,500 0 0% 391,500 1,000,000 1,100,000 2nd Mtg-20 yr amort.@ 2.0% 80,000 300,000 220,000 275% 300,000 Equity Member-Rehabilitation Federal Tax Credits 369,964 448,350 78,386 21% Equity Member-NYS Rehabilitation Tax Credits 65,425 280,291 214,866 328% Equity -Managing Member 346,997 531,092 184,095 53% Restore NY Grant 1,100,000 900,000 -200,000 -18% 900,000 IURA loan#I-affordable housing(HODAG) 80,000 80,000 80,000 IURA loan#2-cost ovemrn(NHI) - 30,000 30,000 30,000 Deferred Development Fee (see note#2) 185,164 467,032 281,868 152% Loan-To-Value(LTV) Ratio Total Sources 2,539,050 33428,2651 889,215 35% 1,701,500 170% Uses($) Planned Actual 4/30/2009 9/30/2011 Change % Land&Buildings 1 435,000 435,000 0 0% Construction,Demolition,Site Prep.&Environ.Reined. 1,678,136 2,055,243 377,107 22% Architecture/Engineering 165,000 191,477 26,477 16% Soft Costs (see note#1) 50,750 279,513 228,763 451% Developer Fee 185,164 467,032 281,868 152% Organization Costs 0 0 Reserves&Leasing Costs 25,000 0 -25,000 -100% Total Uses 2,539,050 3,428,2651 889,215 35% Additional Post-Closine Proiect Expenses Planned Actual Change Special Tax Credit Accounting fee 0 20,000 TCAD fee-CIIP incentives 0 30,000 Tax Credit Investor fee 0 80.000 130,000 130,000 Notes 1. "Soft Costs"include historic consultants,utilities,financing,interest,legal&professional,permits,appraisal,taxes&insurance. 2. "Developer Fee"included for calculation of tax basis to determine RTC equity investment. "Deferred Developer Fee"was not paid out due to cost overruns. 3. Project cost overrun after subtracting the change in planned vs.actual"developer fees"is$607,347($889,215-$281,868) 4. IURA initial financial feasibility underwriting ofproject required Loan-To-Value not to exceed 80%. Sources: Planned - Project Financial Modeling 4/30/09,Port City Preservation,LLC,confirmed by S.Chutintaranond,ItalThai LLC,4/2/13 Actual - Remick Group,P.C.,10/24/11,confirmed by S.Chutintaranond,ItalThai LLC,4/2/13 1 1 1 1 1 Prcparcd by N.Bohn CA Item 4.1 I want to emphasize that ItalThai was able to successfully complete the 130 The Commons project. In the process we: - Saved and restored a deteriorated historic property in the heart of the Commons; - Created a new two level upscale restaurant (Mia)that has generated 25 jobs; - Created eight. (8) new housing units on the Commons, that are all fully occupied, including two(2) units that we committed to retain as "affordable" ; and - Attracted a new office user to occupy the second floor office space in the renovated building. Yet, despite this success, the project and ItalThai remains at risk due to the financial burdens incurred, particularly the $900, 000 City loan and its ability to prevent additional borrowing. To address this borrowing problem caused by the creation of this loan, I am requesting the IURA enact the following items to help this project stabilize and move forward: (1) Transfer this loan from the City of Ithaca to the Ithaca Urban Renewal Agency (IURA) ; (2) Remove existing collateral requirements imposed on this original$900, 000 loan. (3) Express for the record the IURA's intent to convert this loan back into a grant in the future, upon expiration of any compulsory holding period required by the historic tax credits. The IURA already has a keen understanding of this project. The Agency has lent additional money to the project and regularly monitors the status of the project. For this reason it makes sense for the IURA to also oversee this $900, 000 loan and take steps to make the loan less of an impediment to ongoing borrowing. I deeply appreciate the past help and assistance provided by the City of Ithaca and from the IURA and look forward to working with you on these additional important items. We want to ItalThai and the Mia Restaurant and Apartments to succeed well into the future. To ensure this, I ask for your assistance and support. ",ou s, Sunit "Lex" Chutintaranond Owner Plantation Building, LLC 130 E. State Street (607) 351-2525 Attached: Financial Statement Original Correspondence CA Item 4.1 Financing for Plantation Project 130 E. State St. mortgage loan $435,000 M&T bank construction loan 300,000 IURA loan 1 80,000 IURA loan 2 30,000 TCAD loan 50,000 895,000 IURA loan 3 $ 300,000 IURA loan 4 100,000 400,000 City Of Ithaca grant to loan $900,000 Total Development Costs $ 3,428,265 Developer fee 467,032 Restore NY Grant 900,000 Federal and State Tax Credits 650,000 Personal financing $ 1,411,233 Additional Costs Accounting fee $ 20,000 TCAD Fee 30,000 Tax Credit Investor fee 80,000 130,000 Total personal financing $ 1,541,233 (not including$900,000 City loan) Current building value according to M&T bank appraisal is $1,000,000.00.This puts a loss in investment at about$500,000. With the $900,000 grant conversion loan, the total loss in investment is $1,400,000. i 1 I CA Item 4.1 MIA APAR'rmFNTS ur+n-a can 011 ITIIAU YY Mayor Svante Myrick Ithaca City Hall 108 East Clinton Street Ithaca, NY 14850 I RE: Mia Restaurant and Apartments Project Dear Mayor Myrick: My name is Sunit "Lex" Chutintaranond. I am the owner and developer of the Plantation building, home of Mia Restaurant and Apartments, located at 130 MLK, Jr./E. State St. I would like to request a meeting with Your Honor, IURA Director of Community Development, Nels Bohn and Gary Ferguson, Executive Director of Ithaca Downtown Alliance in order to discuss the current status regarding my Restore NY Grant, which was converted to a loan to the City of Ithaca, at the request of the tax credit purchasers. As the Your Honor knows, The City of Ithaca received a grant award of$1.15 million from the Empire State Development Corporation through the Restore NY program to complete upper story redevelopment of the Plantation Building and the Petrune building (located at 126-128 and 130-132 E. MLK Street). $900,000 of grant assistance was earmarked to my project in the form of a grant to assist an initially budgeted $2.5 million redevelopment project of the Mia Apartments. The project fully renovated the building, brought all 4 floors back into service, complied with all current building codes, provides for affordable housing, additional office space, and the new Mia restaurant, while adding significantly to the tax base of the City. A critical financial component of the plan for the project was to leverage federal and state historic tax credits generated by the project into investor equity of over $600,000.00. Tax credit legal counsel, Cannon, Heyman & Weiss, informed us that grant funding reduced the tax basis of the project thereby reducing the amount of tax credits available. Injecting Restore NY financial assistance in the form of a loan did not reduce the tax basis. As the project required at least $600,000.00 of historic tax credits, I was required to request that the Restore NY Grant funding from the City be converted temporarily to the structure of a loan rather than a grant. The initial $900,000.00 grant agreement was therefore amended to $900,000.00 loan agreement at 0% with no payments due to the end of the 30-year tcrm. CA Item 4.1 i The entire project ultimately cost $3,000,000.00, a $500,000.00 cost overrun, a cost that I, as developer, was forced to personally absorb. On top of this cost overrun, is now the addition of a $900,000.00 loan, which was originally intended as a grant. The project is not and will never be financially viable if the developer would have to absorb not only the $500,000.00 overrun, but also the $900,000.00 loan that has been converted from its originally intended grant status. In short, the project is now in the red by approximately 1.4 million dollars. The IURA and the City of Ithaca have been involved with this project for the past two years. The IURA has assisted and supported this project with the Restore NY grant application, various loans, tax abatements, and the funding from Historical Tax Credits. The Plantation project has committed to the City and IURA two affordable income housing units along with a specified number of living wage positions for the 10 year duration of loans from the IURA. I understand that I am the only developer to have successfully gone through the City/County two-tiered tax abatement process. The financial reality of this project makes the term, "successful," somewhat tentative. I also have insight into how the process could be improved to actually encourage future development to come to the City. Due to the current and future involvements of this project and IURA, I would like to request a meeting with Your Honor, Mr. Nels Bohn, and Mr. Gary Ferguson in order to help come up with a strategy to make this project financially feasible. I look forward to meeting with you soon to discuss this situation. Thank you. Yours, Sunit"Lex" Chutintaranond Owner Plantations, LLC 130 E. State Street (607) 351-2525 cc. Nels Bohn, Ithaca Urban Renewal Agency, Director of Community Development Gary Ferguson, Downtown Ithaca Alliance, Executive Director CA Item 4.1 Reznick i Group ACCOUNTING TAX•BUSINESS ADVISORY SCHEDULE OF TOTAL DEVELOPMENT COSTS, QUALIFIED AND NONQUALIFIED REHABILITATION EXPENDITURES AND CALCULATION OF FEDERAL REHABILITATION TAX CREDIT AND INDEPENDENT ACCOUNTANTS' REPORT ITALTHAI LLC SEPTEMBER 30, 2011 CA Item 4.1 �1 /+ Remick Group. P.C. jig Remick 500 East Pratt Street Group Suite 200 ACCOUNTING•TAX•BUSINESS AOVISORV Baltimore, MD 21202-3100 Tel: (410) 783-4900 INDEPENDENT ACCOUNTANTS' REPORT To the Members Italthai LLC We have examined the accompanying Schedule of Total Development Costs, Qualified and Nonqualified Rehabilitation Expenditures and Calculation of Federal Rehabilitation Tax Credit relating to the development of Italthai LI,C as of September 30, 2011. Italthai LLC's management is responsible for the Schedule of Total Development Costs, Qualified and Nonqualified Rehabilitation Expenditures and Calculation of Federal Rehabilitation Tax Credit. Our responsibility is to express an opinion based on our examination. We conducted our examination in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence supporting the Schedule of Total Development Costs, Qualified and Nonqualified Rehabilitation Expenditures and Calculation of Federal Rehabilitation Tax Credit and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. In our opinion, the schedule referred to above presents fairly, in all material respects, the project's total development costs, qualified and nonqualified rehabilitation expenditures, and federal rehabilitation tax credit as of September 30, 2011 using the accrual method of accounting and determined in accordance with Section 47 of the Internal Revenue Code of 1986, as amended. This report is intended solely for the information and use of the management and the members of Italthai LLC and is not intended to be and should not be used by anyone other than these specified parties. i T. C. Baltimore, Maryland October 24, 2011 www.rezt)ickgroup.com CA Item 4.1 Italthai LLC SCHEDULE OF TOTAL DEVELOPMENT COSTS, QUALIFIED AND NONQUALIFIED REHABILITATION EXPENDITURES AND CALCULATION OF FEDERAL REHABILITATION TAX CREDIT September 30, 2011 (See independent accountants' report) Total Qualified Nonqualified Development Rehabilitation Rehabilitation Uses Costs Expenditures Expenditures Acquisition $ 435,000 $ - $ 435,000 Construction 2,045,582 2,017,295 28,287 Architect and engineering 191,477 188,755 2,722 Historic consultants 49,550 29,700 19,850 Environmental 9,661 9,661 - Utilities 18,013 18,013 - Financing 33,053 5,832 27,221 Interest 67,056 11,433 55,623 Legal and professional 56,408 27,400 29,008 Permits 11,457 11,457 - Appraisal 3,700 3,700 - Taxes 25,107 8,449 16,658 Insurance 15,169 3,463 11,706 Developer fee 467,032 467,032 - "Total $ 3,428,265 2,802,190 $ 626,075 Historic tax credit percentage 20% Federal rehabilitation tax credit $ 560,438 - 3 - CA Item 4.1 paid to the tax credit investor, spanned into a five-year period. The remainder is the fee that TCAD charged me for tax abatement. 5. The last point that I would like to explain is the difficulties that I am facing because the original grant of$900.000 that I was awarded was converted to loan and is now being administered by the City of Ithaca. The presence of this loan, even without any repayment requirements, has stifled our capacity to borrow.We are unable to borrow funds for operations or even for repairs to the property. Finally I would like to add a statement about the location of Mia restaurant, housed in the Plantations Building. Originally we were confident that the location of Mia restaurant would have been a plus for the Commons as it was bringing new life and pedestrian traffic to an area that was not being as popular as other areas on the Commons. I am afraid that I overestimated the location, pedestrian traffic has not increased very much as a lot of people are still not making it to the middle of the Commons looking for a restaurant, most diners seem to stay within Aurora Street, commonly known as Restaurant Row. Parking is also another problem, as many diners are still not taking full advantage of the Green Street garage. As I mentioned,the location of the restaurant is not ideal. I am very confident that it is only matter of time when the middle of the Commons will start picking up and become as vibrant as other parts of it. However, the upcoming renovation of the Commons is going to put a strain on my restaurant.Access to Mia will be diminished, and this construction will undoubtedly keep diners away. I am very concerned about the financial outcome that this endeavor will put on the survival of my business. Thank you for your time and attention. Regards, Sunit"Lex" Chutintaranond Member, IthalThai LLC 4. Finance, Budget, and Appropriations .2 Authorization of Transportation Enhancement Program (TEP) Application WHEREAS, the New York State Department of Transportation has noticed the availability of the federal Transportation Enhancement Program, and WHEREAS, on June 2013 the Board of Public Works considered various projects that would be eligible for such funding and recommended a project for the West Martin Luther King Jr./West State Street corridor between Floral Avenue and Taughannock Boulevard, which is eligible for funding under Title 23 U.S. Code, as amended and WHEREAS, enhanced pedestrian and bicycle accommodations in this corridor would help connect the West Hill and West End neighborhoods to the rest of the City's commercial, recreational, natural, educational, and residential destinations, and WHEREAS, corridor enhancements would also help connect the rest of the City to the burgeoning non-motorized circulation system in and among the city's various waterfront districts for residents and visitors alike, including the recent Floral Avenue trail, the Cayuga Waterfront Trail, and the Black Diamond Trail, and WHEREAS, Common Council is interested in applying for a Transportation Enhancement Program grant in order to design and construct enhanced pedestrian and bicycle facilities in this corridor; now, therefore be it RESOLVED, That the Mayor of the City of Ithaca, is hereby authorized and directed to submit an application for funding to the New York State Department of Transportation in accordance with the provisions of the Transportation Enhancement Program, in a amount not to exceed $750,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for design, right-of-way acquisition, construction and construction inspection of a project to enhance pedestrian and bicycle accommodations in the West Martin Luther King Jr./West State Street corridor from Floral Avenue to Taughannock Boulevard, and be it further RESOLVED, That contingent upon award of the Transportation Enhancement Program funds, the Common Council hereby authorizes the establishment of Capital Project#790 to pay in the first instance 100% of the federal and non-federal share of the cost of all work for the Project; and be it further RESOLVED, That contingent upon award of the TEP funds, the sum not to exceed$750,000 is hereby appropriated from serial bonds and made available to cover the cost of participation in the above Project in the first instance; and be it further RESOLVED, That the total project cost shall not exceed$750,000 with the understanding that the breakdown of funds to be approximately$600,000 in federal Transportation Enhancement J:\DRedsicker\AGENDAS\City Admin Comm\2013\7-24 CA Agenda.docx 7/24/13 Program funds, and $150,000 in City of Ithaca serial bond financing, to be administered by the Superintendent of Public Works, and be it further RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the City of Ithaca Common Council shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof; and be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, and that the Superintendent of Public Works is hereby authorized to execute all certifications or reimbursement requests for Federal Aid and/or Multi-Modal Program Funding on behalf of the City of Ithaca with NYSDOT in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal-aid and all Project costs that are not so eligible; and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and be it further RESOLVED, That this Resolution shall take effect immediately. J:\DRedsicker\AGENDAS\City Admin Comm\2013\7-24 CA Agenda.docx 7/24/13 CA Item 4.2 o�jT.Ns CITY OF ITHACA 108 East Green Street, Suite 202 Ithaca, New York 14850-5690 Hn f� OFFICE OF THE CITY ENGINEER � Telephone: 607,1274-6530 Fax: 607/274-6587 To: City Administration Committee From: Tim Logue, City Transportation Engineer - TiJ\,- Date: July 11, 2013 Re: Transportation Enhancement Program application Please find attached a proposed resolution for Common Council authorizing an application for the Transportation Enhancement Program (TEP), and contingent upon award,the establishment of a capital project and funding in the first instance for a project not to exceed$750,000. The final cost to the City would be 20% of the total project cost, an amount not to exceed $150,000. On June 24, 2013, the Board of Public Works, after considering 4 or 5 projects, recommended that the City should pursue a project to enhance pedestrian and bicycle conditions along West Martin Luther King Jr. Street (West State Street) between Floral Avenue and Taughannock Boulevard. The scope of work for the project focuses on three main components: 1. A mid-block pedestrian crossing just east of the bridge over the Flood Control Channel. This could either be a pedestrian activated signal or it could be an uncontrolled crossing with a pedestrian refuge island in the middle of the street. 2. Reducing the number of traffic lanes from four to three (nicknamed a "road diet"). Reducing the number of lanes will not only provide more space for walking and biking, but it also should reduce the amount of lane changing and weaving that often leads to sideswipe crashes. There would either be room for a wider sidewalk on the south side of the bridge or possibly room for bicycle lanes in each direction in the corridor. 3. Realigning the intersections at West Seneca Street and Brindley Street. The project can look at how West Seneca Street intersects W MLK Jr. Street on both sides, perhaps realigning both and reducing the westbound approach to one lane. The Brindley Street intersection could also be realigned to be more motorist and pedestrian friendly. 'Art Equal Opportunity Employes with.+commitment to workforce dies -,eSic:a in" za CA Item 4.2 A drawing is enclosed to give you a sense of what the enhancements might include. For the purposes of the application, however, we do not need to make decisions about which components should be included and which should not or about any detailed design issues. There will be plenty of time and public input in the design phase. What we want to do is to make sure the budget is large enough to both evaluate the design alternatives and to cover the construction costs of whichever design we ultimately choose. To this end, we have budgeted for a mid-block signal, a widened sidewalk with a railing on the bridge, and realigning the intersections at West Seneca and Brindley Street. Much of the rationale for this project has to do with recent public input for related projects in the area. For example, during the design of the intersection improvements at Floral, Elm, Hector and State Street, many people were interested in a signalized pedestrian crossing to get across busy West State Street, but there was neither budget nor the proper location for a signal in that project. Likewise,some people said that the intersection was not so important as the whole corridor going down the street. Others complained that the real problems were not at Floral Avenue,but rather at Brindley,State, Seneca &Pete's driveway; they felt we were addressing the wrong location. Also, with the Floral Avenue trail nearly completed and the building momentum for the Cayuga Waterfront Trail and Black Diamond Trail, there is additional interest in walking and biking enhancements in this corridor. This is not to mention that there are already a fair number of people who walk through this not-pedestrian friendly corridor,whether as a matter of choice or due to a lack of other transportation alternatives. CA Item 4.2 i II - _ AP — TA GHANN0CK = r 3 Ld I o r� o = I w O p p � ~ —V a PEtES GROCERY w N 0 J IOt � // \ W V / m ON1 —U Nl3l218�i �- p w o 3 _ 3 m 0 JI W ui Cl rn NOp.Z,. m a I w W o Q I z� �3 m 3 W W> / P m� 0 py O IN� U / / / W U W 3 Z !Oz w wz \ Y 3 ix I0 w x x � N W LL- FF Fa 3�= p W / a GI v - a / m p OR U) LL � `l b p po W W W f Wp0 cl: IrF� / J / CL n Al x- 0 0 cm d$ bti0 N0o 00 0 bIZIIO��, o �s 4. Finance, Budget, and Appropriations .3 An Ordinance to Amend Chapter 146 of the City of Ithaca Municipal Code entitled "Building Code Enforcement" Article 4, entitled "Plumbing", Section 146-30 entitled "Permits, C. Fees" WHEREAS,Plumbing Permit Fees are a necessary and reasonable cost to the public for the local administration and enforcement of public health and sanitation laws required by State regulations, and WHEREAS, it is a necessary function of government to assess public service activities from time to time to determine the actual cost to the community and to establish reasonable fees for the proper discharge of said public services, and WHEREAS,the current Plumbing Permit Fee structure for the City of Ithaca is significantly lower than the surrounding area, owing mostly to the fact that these fees have not been changed in over 40 years, and WHEREAS, it is desirable to have a more actuate cost sharing of plumbing review and inspection services in the form of Plumbing Permit Fees for end users who are the primary recipient of those services than to rely on rate payer revenues, now therefore be it ORDINANCE 2013- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1 Chapter 146, Building Code Enforcement, Article 4, Plumbing, Section 146-30 Permits, C. Fees shall be amended by adding enumeration (1) as follows: (1) City of Ithaca Plumbing Permit Fee Schedule New construction • Single Family Residences: $50 application fee plus $5 per fixture • Multiple Residences 2-10 units: $100 application fee plus $ 5 per fixture • Multiple Residences 11-20 units: $250 application fee plus $5 per fixture • Multiple Residences 21 units or more: $500 application fee plus $5 per fixture • Commercial or Other Plumbing work under$25,000: $100 application fee plus $10 per fixture. • Commercial or Other Plumbing work between $25,000 to $100,000: $250 application fee plus $10 per fixture. • Commercial or Other Plumbing work between $100,000 to $500,000: $500 application fee plus $10 per fixture. • Commercial or Other Plumbing work over$500,000: $750 application fee plus $10 per fixture. Renovations and Additions: J:\DRedsicker\AGENDAS\City Admin Comm\2013\7-24 CA Agenda.docx 7/24/13 • Single Family Residences: $25 application fee plus $5 per fixture • Multiple Residences: $100 application fee plus $ 5 per fixture • Commercial or Other Plumbing work: $100 application fee plus $10 per fixture. J:\DRedsicker\AGENDAS\City Admin Comm\2013\7-24 CA Agenda.docx 7/24/13 Partial Service Users All permit fees for work conducted on premises not connected both to City water and City sewer service or not anticipated to be connected both to City water and City sewer service once connected to any water or sewer service shall be based on the City of Ithaca Plumbing Permit Fee Schedule for Commercial or Other Plumbing work plus 15 percent of the total therein specified. Legislative Intent The revenues collected by the City through the regular issuances of water and sewer bills establish the budget and spending allowances of the Water and Sewer Division. The office of the Plumbing Inspector is an expenditure within that Division. Although plumbing permit fees do contribute to the Water and Sewer revenues, 95% of the expenditures required for plumbing services are now covered by rate payer revenues. It is the intension of this legislation to shift more of that cost onto the primary user of the service, specifically, the permit holder in the form of plumbing permit fees that more accurately reflect the actual cost to the City to provide plumbing review, inspection and enforcement. This proposed Plumbing Permit Fee structure will bring our rates in line with the rates of other jurisdictions in our area while providing a more equitable cost sharing solution between the rate payers and permit holders. A planned"phase-in" of all rates seems impractical and counterproductive due to the historically low existing rates. Slidin_ Scale. cale. The fee schedule keeps the Single Family Residential permits at a reasonable cost at somewhere in the $30-$40 range for most work while providing a "sliding scale" for all other types of construction. The increases in the fees are proportional to the amount of review that is associated with more complicated or compound plumbing construction(multiple types, high rises, mixed uses). The issues that necessitate a higher degree of plan review such as: fire flows, large meter sizing, valve placements, equipment locations,backflow requirements, grease trap sizing, utility service sizing and entrance coordination, storm water regulations, sanitary discharge requirements and others, qualify the higher fees. Within the "sliding scale" fees there are two general categories of Multiple Residence and Commercial. In the Multiple Residence fees, the application cost increase with the number of units and reflects the increased administrative effort needed to approve plans and specifications, coordinate with department personnel and resources, and to execute the requirements for issuing the permit. The fixture fees are universal for multiple residence applications and represent the costs associated with inspections and the administration of the actual construction phase. J:\DRedsicker\AGENDAS\City Admin Comm\2013\7-24 CA Agenda.docx 7/24/13 Commercial and Other The Commercial or Other(Academic, Industrial, etc) application fees are similar to the Multiple Residences fees accept that, instead of units, the fee is based on the dollar value of the plumbing work(Actual Total of Labor and Material). Our Building Department uses a similar method of total construction cost to determine the Building Permit fee. The actual formulas may vary but the concept and premise are the same. The dollar value is used to represent the amount of plumbing work or equipment being installed. The greater the dollar value, the greater the administrative review. Fixture fees are higher but universal within the category and represent the costs associated with inspections and the administration of the actual construction phase. The higher fixture costs associated with commercial plumbing equipment is justified in that there can be found in these types of fixtures more specialized and unique installation requirements than standard household plumbing. Here the gamut extends beyond bathrooms and kitchens to plumbing items designed for other Industries. Examples are: cooling towers and chillers, steam and hot water boilers, commercial dishwashers, chemical rinse dispensers, sterilizers, surgery tables, dental aspirator, medical vacuum/water systems, fume hoods, lab sinks, wok stoves, landscape irrigation systems, grease and sediment interceptors, sewage ejectors, water filtration systems, make-up water for fan/coil systems, etc... Commercial plumbing fixtures will therefore require more effort and knowledge of code and manufacturers requirements than fixtures associated with Multiple Residences. Plumbing Permit Fees for partial service users within the City of Ithaca Water and Sewer revenues make up the largest funding source for plumbing inspection services. This revenue stream is generated by quarterly billings for water usage (metered water) and sewer charges based on water consumption. However, not all properties within the City take both water and sewer from the City. These customers are identified herein as "partial" service users since the City bills them for water only or for sewer only and, as such, they contribute less to the Water and Sewer revenue budget for similar service. This proposal adds a"cost recovery" fee for properties identified as partial service users of 15% added to the total cost of the Plumbing Permit. It is intended to help defray costs that full rate payers subsidize now and create a more equitable end user fee that more accurately reflects the true costs of providing plumbing review and inspection services for each user type. Cost Justification The old black leather-bound ledger found in the Vault at the Water and Sewer Division held the historical record of plumbing permits issued in the City of Ithaca. The first entry, dated October 31, 1973 was issued to a plumbing contractor by the name of Albanese. The permit was for a new house to be built at 253 Westwood Knoll and included the installation of 14 plumbing fixtures at $1 per fixture and an application fee of$5 as a single family residence...total $19. If Mr. Albanese were to apply today for the same permit(40 years later) it would be issued at the cost of...$19! Let this be submitted as cost justification#1. A cost comparison of Plumbing permit Fees among other jurisdictions in our area was done in 2012 and reported in an e-mail to the Superintendent of Public Works and to the Assistant Superintendent, Water and Sewer Division attached. The proposed fee structure is well within J:\DRedsicker\AGENDAS\City Admin Comm\2013\7-24 CA Agenda.docx 7/24/13 the ranges being charged in areas such as: Cortland, Elmira, Auburn, and the Bolton Point Water Authority(Town of Ithaca, Lansing, Dryden....) The actual cost vs. revenues for the City is represented in the bar chart below. The proposed fees will not exceed the cost of supply plumbing inspection services. It is evident that water and sewer rate payers will continue to be the major funding source for plumbing services even after shifting more of the costs to the permit holders. 2012 Plumbing Permits: Actual Plumbing Permit Fees collected in 2012 $5,138.00 Proposed Plumbing Permit Fees $36,135.00 $110,000 100,000 90,000 (Plumbing Inspection Expenditures) Salary 80,000 Overhead (200-400 accounts) Inspection Services Contract 70,000 Staff assistance 60,000 Plumbing Permit Fees Collected in 2012 50,000 � Proposed Plumbing Permit Fees 40,000 30,000 20,000 10,000 An analysis of 2012 Plumbing Permits for the City of Ithaca shows: Number of permits...........................117 Total revenue from permits............$5,136 JADRedsicker\AGENDAS\City Admin Comm\2013\7-24 CA Agenda.docx 7/24/13 Expenditures: Inspector's salary........................$64,493 Salary overhead(40%)............... $25,797 Contractual services.................. $12,000 Office overhead and staff support....$ 8,000 Total budgeted expenditures......($110,290) Revenues from Proposed Fees..................$36,135 Section 8. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 9. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. J:\DRedsicker\AGENDAS\City Admin Comm\2013\7-24 CA Agenda.docx 7/24/13 4. Finance Budget, and Appropriations .4 Gateway Pedestrian Bridge-Authorization for Allocation from Bridge Reserve Fund WHEREAS, the City constructed the Gateway Pedestrian Bridge over Elmira Road in 2001 and WHEREAS, a portion of the pedestrian bridge occupies state-owned property, and WHEREAS, the New York State Department of Transportation granted permit 33669 to the City of Ithaca to build, occupy and maintain the pedestrian bridge on state-owned property, and WHEREAS, a provision of the permit from the New York State Department of Transportation requires that the City provide and pay for periodic inspection of the bridge, and WHEREAS, the New York State Department of Transportation has requested that the City conduct such an inspection, and WHEREAS, engineering staff estimates that the cost of such an inspection will not exceed $15,000, and WHEREAS, the City has a bridge reserve Capital Reserve #4 Bridges, in place with a current balance of$92,000; now, therefore be it RESOLVED, That Common Council hereby allocates an amount not to exceed$15,000 from the Bridge Reserve Fund for the purpose of engaging a licensed engineer to conduct the required inspection of the Gateway Pedestrian Bridge. CA Items 4.4 ° I CITY OF ITHACA 'r+ ' 108 East Green Street, Ithaca, New York 14850-6590 DEPARTMENT OF PUBLIC WORKS _ go William J.Gray, P.E. Superintendent/City Engineer P ` � Telephone: 607/274-6527 Fax: 60,7/274-6587 MEMORANDUM Tlx: Steven Thayer, City Controller Chris Proulx, Chair, City Administration FROM: Addisu Gebre, Bridge System Engineer DATE: July 19, 2013. RE: Gateway Pedestrian Bridge (over NYS Route 13) Inspection Fund Request I would like to request Common Council to authorize up to $15,000 from the Bridge Reserve Fund for the purpose of engaging a licensed engineer to conduct required inspection of the Gateway Pedestrian Bridge. The Town of Ithaca is currently undertaking design of the Gateway Trail which crosses Elmira Road via the Gateway Pedestrian Bridge. The Town has requested information pertaining to the bridge including inspection reports. The City of Ithaca signed an agreement with New York State Department of Transportation which requires that the City inspect the Gateway Pedestrian Bridge(over NYS Route 13)at least every two years or more frequently if requested. Currently, we have received one estimate for conducting the required inspection for a cost not exceed S 15,000.The inspection would include inspection of the structure accompanied by a letter report which will detail the findings of the in-depth inspection, including narrative, photos, conditions sketches and tables as necessary to convey the conditions of structural elements inspected and measured. Public Works staff will endeavor to obtain additional estimatcs for the inspection and seek to negotiate reductions in costs prior to authorizing the inspection work. Attached please find a copy of the NYSDOT Permit for the pedestrian bridge that was signed with the City of Ithaca back in 2001. If you have any questions, please call Addisu Gebre, Bridge Systems Engineer at 607-274-6530 Cc: Tom West, Director of Engineering "An Equal Opportunity Employer with a commitment to workforce diversification." CA Items 4.4 POW 75m (12'/9'ki Original Owner Original Tenant Airsuace Occupant x subsequent Occupant NEw YORA STATE DEPARTMENT OF TRANSPORTATION REAL ESTATE DIVISION PERMIT FOR USE OF STILTE-OWNED PROPERTY P.I.N. 3057 .28_.222 INVENTORY NO_ Permit Account No. 33669 Property Location Route 13, at City of Ithaca south city Line Project Ithaca Road_ SH 454. Map bO. (s) Parcel No. (sl County Tompkins ++►►Tiiown city/village Ithaca PERMIT,/l TEaS PERT, made this 4 Z day of �����'Yl � ZaO/ between R City of Ithaca Attn: Hernando Gil 108 East Green Street Ithaca, New York 148SO hereinafter referred to as "Permittee", and the COMMISSIONER OF TRANSPORTATION FOR THE PEOPLE OF THE STATE OF NEW YORK, hereinafter referred to as "the State", WfITNESSETH: wxERRAS the State is the owner of the alcove identified property, hereinafter referred to as "property" or "premises"; and WHEREAS the Permittee wishes to use and occupy said property; NOW, WHEREFORE, the State hereby grants this permit to the permittee, subject to the following covenants and conditions: 1. The property covered by this permit shall be used only for the purpose Of: Oc2Mying & Maintaining a Pedestrian Bridge over Route 13 and for no other purpose whatsoever. 2 . The fee to be charged shall be:$1JPW 3Der Year beginning September 1, 2001. 3 . Payment of the fee is due on the first of the month unless otherwise stated. Fee must be paid by check, bank cashier's check or money order payable to 10Degartment of Transportation" and mailed or delivered to: New York State department of Transportation Revenue Unit, Building 5, Room 422 1220 Washington Avenue Albany, New York 12232 Page I CA Items 4.4 4 . The Permittee understands and agrees that if the full amount of the fee as stated herein is not paid within thirty days from the date billed as indicated on the balling invoice, interest penalties and collecting fees will be imposed under the provisions of Chapter 55 of the Laws of 1992 . 5. The PeLmittee understands and agrees that the fee charged by the State may periodically be updated to reflect fair market value and the Permittee will enter into a new permit for the new 'fee if the Permittee wishes to remain in occupancy. Failure to execute a new permit will require Permittee to immediately vacate the premises. 6. The Permittee acknowledges the States right to collect a security deposit. This sum will be retained as security to ensure faithful performance of the permit and compliance with all terms by the permittee. The state hereby acknowledges receipt of N A $ - received on b}+ (Dept . Rep. 's Signature) 7. This perm=t supersedes the permit number N/A issued to in the amount of per _approved by the Director, Real Estate Division on - 6. Permittee, at the Permittee's expense and for the term of the permit, shall furnish and show evidence of General Liability insurance coverage issued by an insurance carrier licensed to do business in the State of New York for the protection of the State of New York and Permittee against any claims, suits, demands or judgments by reason of bodily injury, including death, and for any claims resulting in property damage occurring on or in proximity to the permit area. Such General Liability Insurance shall be in the amount no less than $ 2, 000,000.00 (combined property damage and/or bodily injury, including death) single limit per occurrence, and shall name the People of the State of New York as an additional insured. The Permittee will furnish the State with a certificate of insurance, with a (30) thirty day(s) prior written notice of any cancellation or major orange in the policy conditions. The permit shall be voided if insurance is canceled, modified or lapses. Approval of this permit shall be contingent upon receipt, by the state, of a copy of a properly executed insurance certificate. 9_ Permittee is responsible for any repairs, improvements or maintenance work of any kind on the property at Permittee's expense. The State may, at any time, periodically inspect the premises to determine whether same is in good repair and maintenance, structurally sound, and that no unsafe, hazardous, unsanitary, or defective conditions exist. 10. Permittee hereby agrees to admit State representatives and prospective purchasers or permittees to examine these premises during reasonable business hours. 11. Permittee shall not place or store, or allow others to place or store, any flammable, explosive hazardous, toxic or corrosive materials, dehris of any description, garbage or any materials commonly referred to as "junk" within the permit area, except fuel kept in the fuel tanks of legally parked vehicles allowed under the terms of this permit. Failure to comply with this provision may result in a ten (10) days written notice of cancellation of the permit in accordance with Provision 16 of the permit. The permittee is responsible for the removal of these materials and/or all expenses incurred in their removal. Page 2 CA Items 4.4 12. All arrangements of services for utilities, removal of garbage, rubbish, litter, snuw and ice will be made by the permittee at the permittee's ex.-pense, unless hereafter specified. The State shall have no responsibility to provide any services not specifically set forth in writing herein_ Permit tee shall comply with all Local and State building standards/cedes in the installation or repair of any utilities including but not limited to electricity and plumbing. Permittee is responsible for keeping and maintaining the premises in a safe and clean condition, for the regular and prompt removal of garbage, rubbish, litter, snow aild ice. Permittee shall be responsible for preventing damages to the plumbing system and premises caused by lack of heat or water damage from leaks. 13. Permittee is responsible to maintain the occupancy in compliance with any and all applicable local, state, and Federal laws, ordinances, codes, rules and regulations affecting the use of the property. Permittee shall not conduct or allow any use or activity on the premises inconsistent with law and shall not conduct or allow any use or activity on the premises which may require a permit or other approval by a government agency without having lawfully obtained such permit or approval . 14. The parties acknowledge that this instrument is not a lease but is merely a permit to occupy and use, and therefore a landlord-tenant relationship is not hereby created, and further., that since this is not a lease, Section 5 -321 of the General Obligations Law does not apply to this permit to the extent permitted by law. 15. The State shall have no responsibility whatever for the lass or destruction of any improvements made by the permittee or for personal property stored or being used on the premises. 16_ This permit shall be renewed automatically for successive terms of one month each unless canceled by either party. cancellation by the state requires thirty (30) days written notice, except for cause, in which event cancellation can be effected on ten (10) days written notice_ Permittee may cancel this permit by giving thirty (30) days written notice. n. Permittee shall not sublet the premises nor assign or transfer the permit to any other parties in part or in whole without the prior written consents of the State. Failure to comply with this provision may result in ten (10) days written notice of cancellation of the permit by the State, and the State may immediately take possession and terminate all rights of the permittee as of such moment. 18. It is understood and agreed by and between the parties that the permittee will 4 } will not W be entitled to any relocation benefits provided under State and Federal law. 19. Permittee agrees and understands that the State is under no obligation to sell the property to the permittee and that no commitment, express or implied, is made by the state to give the permittee any preemptive right of purchase. 20_ In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the permittee will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability or marital status. Neither shall the permittee discriminate in the use of this premises or any access thereto if such premises is used as a public accommodation or in connection with a public service. 21_ Permittee hereby agrees to indemnify and save harmless the State from any claim or loss including legal expenses by reason of the use or misuse of the premises undex this permit and/or from any claim or loss by reason of any accident or damage to any person or property being on said premises, caused by permittee, its employees, agents or invitees. 22, If any of the provisions of this permit are held invalid, such invalidity shall not affect or impair other provisions herein which can be given effect without the invalid provisions, and to this end 'the provition,s of this permit are severable. Page 3 CA Items 4.4 23. Additional provisions to permit: The permittee is responsible for maintaining the structure in a sound condition for its intended or used purpose(s) and to ensure that the structure or its condition does not threaten the integrity of the State's highway system and/or its associated property, The Permit_tee will immediately notify the State if any such condition exists and will take immediate action to rectify the situation to the satisfaction of the State. The Permittee, at the Permittee's expense and for the term of this permit, agrees to inspect the structure at least every two (2) years or more frequently if required. These inspections must he conducted by a professional engineer licensed to practice in the State of New York and are subject to periodic audit by the State. Failure to comply with this condition may result in a ten ilo) days written notice of cancellation of this permit in accordance with condition 17 of this permit. ACCEPTANCE: In consideration of the granting cf the permit, the undersigned accepts all of the above terms, conditions and provisions. City of Ithaca ol / Signed SY: Soy:• sec. No. it, iF1 r °G"/ y I C ITS: Fed. I.D. No. STATE OF NEW YORK } COUNTY OF 1I � }SS day o 0`i��k in the year Z001 , before me, the undersigned. On the 71 personally known t0 me or proved to me on personally appeared �1 rir3r� the basis of satisfactory evidence to be the individuals} whose name(s) is (are} subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capac ty(o�stheapersont by uponhbehalf/ofewhichgtheuindividualhs) acted, instrument, the individu.al( ) executed the instrument. poplA L_Kn;7HFRf3NnIary Pmjhfir- nt.jtp ril 14ow Ybirk uL No ()111,()f00S4?8 Oitalhfrad in Fnwpk-nc C.iunty (Notary Pub iC) Commission Exn •s April 3. Date __&/� RECOMMENDED: J R gional R al Esta (}fficer APPROVED: Commissioner of Transportation for the People of the State of New York Date BY: Director, Real Estate Divi.siun Page 4