HomeMy WebLinkAbout11-30-11 Special Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Special meeting of Common Council will be held on Wednesday, November 30, 2011
at 5:30 p.m. in Common Council Chambers, City Hall, 108 East Green Street, Ithaca.
Your attendance is requested
AGENDA
'I. SPECIAL ORDER OF BUSINESS:
1.1 Performance Measures Framework and Organizational Analysis for the City of
Ithaca, presented by The Novak Consulting Group (information to be distributed
at the meeting)
1.2 Consent in Concept for Cornell University to Install and Maintain Nets
Under Certain City-Owned High Gorge Bridges — Discussion of Proposed
Agreement and Resolution
1.3 Possible Motion to Enter Into Executive Session to Discuss Collective Bargaining
2. NEW BUSINESS:
3. ADJOURNMENT
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 Clerk at 274-6570 at least 48
hours before the meeting.
Sarah L. Myers
Acting City Clerk
Dated: November 23, 2011
1. SPECIAL ORDER OF BUSINESS:
1.2 Consent in Concept for Cornell University to Install and Maintain Nets
Under Certain City -Owned High Gorge Bridges — Discussion of Proposed
Agreement and Resolution
(1) WHEREAS, the City of Ithaca owns three high gorge bridges on East Hill
adjacent to or connecting within the Cornell University campus, namely, the Stewart
Avenue Bridge over Cascadilla Creek, the Thurston Avenue Bridge over Fall Creek, and
the Stewart Avenue Bridge over Fall Creek; and
(2) WHEREAS, Cornell University owns four high gorge bridges on East Hill
adjacent to or connecting within the Cornell campus, namely, the Trolley Bridge over
Cascadilla Creek, the College Avenue Bridge over Cascadilla Creek, the Beebe Dam
Bridge over Fall Creek, and the Suspension Bridge over Fall Creek; and
(3) WHEREAS, in the late winter of 2010 three young people enrolled at Cornell died
by suicide in jumps from high gorge bridges or their abutments and edge approaches;
and
(4) WHEREAS, on March 26, 2010, at Cornell's request, the Mayor of the City of
Ithaca declared a public health emergency and permitted Cornell to erect and attach to
City and Cornell bridges temporary galvanized chain-link fences as an interim form of
"means restriction" advocated by the University; and
(5) WHEREAS, "means restriction" refers to a suicide prevention strategy whereby
access is restricted or impaired to the means by which a person could die or attempt to -.
die by suicide, such as locking up hazardous chemicals, dispensing medicines in small
quantities, removing guns from premises, or installing barriers or nets at high places
that could be used for fatal jumps; and
(6) WHEREAS, Cornell thereafter requested of the City the opportunity to study and
possibly propose plans for long-term means restriction at the seven high gorge bridges,
during which study period Cornell offered to replace the temporary galvanized chain link
fences with temporary and less visible black coated rectilinear fences on the bridges
and abutments; and
(7) WHEREAS, the City of Ithaca Common Council responded to Cornell's request
by resolution approved on August 4, 2010, which extended the public health emergency
and allowed Cornell to erect the replacement temporary black coated rectilinear fences
on the bridges on certain conditions, including the condition that Cornell file applications
for site plan review of its proposed, long-term design solutions not later than May 31,
2011; and
(8) WHEREAS, thereafter, in furtherance of said resolution, Cornell and the City
signed a Memorandum of Understanding dated May 24, 2011; and
(9) WHEREAS, the City appointed representatives to (a) consult with Cornell on the
selection of an architectural firm to undertake the designs and (b) consult with Cornell
representatives as the design process and interactions with the architects and City
constituencies and campus constituencies developed, which consultation group,
augmented by representatives drawn from the Cornell community, became known as
the City-Cornell Means Restriction Working Group ("Working Group"); and
(10) WHEREAS, as various designs were explored and developed by Cornell they
were presented and discussed with the Working Group, with campus and city
constituencies in forums held both off campus and on campus, and at a website
containing architectural drawings, video of design presentations, and other materials,
with the opportunity for public comment to be submitted to the website; and
(11) WHEREAS, the City accepted privilege of the floor comments at various public
meetings and held public hearings of the Common Council and the City's Board of
Public Works on July 14, 2010, and June 28, 2011, concerning the potential use of
means restriction on high gorge bridges; and
(1 2) WHEREAS, the City and Cornell recognize and highly value the natural beauty
and majesty of the deep gorges of Fall Creek and Cascadilla Creek on East Hill, and the
scenic vistas of them from various points accessible to the public, and the special and
positive effect these gorges and vistas have on the majority of the people who live,
work, or visit in Ithaca and on the Cornell campus; and
(13) WHEREAS, as a result of the discussions of the Working Group, feedback during
Sketch Plan Review with the City Planning and Development Board ("Planning Board"),
feedback from the Board of Public Works, comments at public forums, public meetings,
public hearings, and the website, Cornell took into account the public's opinions about
the value of preserving the natural beauty and their aversion to blocking or unduly
interfering with views of and from these high gorge bridges; and
(14) WHEREAS, on May 31, 2011, Cornell did timely file with the Planning Board
seven site plan review applications together with Full Environmental Assessments as
required by City and State Environmental Review laws ("CEQRO" and "SEQRA"), for
permanent means restriction net systems designed to be installed (in all but one case)
below bridge decks such that the nets would have a minimal effect on the scenic views
from said bridges; and
(15) WHEREAS, the one bridge whose structural characteristics do not permit a
below-deck net system, the Suspension Bridge, is a Cornell-owned bridge and a vertical
net system is proposed for it; and
(16) WHEREAS, the Planning Board commenced coordinated environmental review
of the said seven site plan review applications and on July 26, 2011, declared itself
Lead Agency for the purposes of CEQRO and SEQRA; and
(17) WHEREAS, on November 22, 2011, the Planning Board as Lead Agency found
that the seven projects described in the respective site plan review applications will not
result in significant adverse environmental impacts, thereby allowing the involved City
agencies, including the Common Council, the Board of Public Works, and the Ithaca
Landmarks Preservation Commission, to undertake consideration of the projects without
further environmental review; and
(19) WHEREAS, pending consent by the City to do so, Cornell intends to pursue site
plan review approval and any other necessary approvals for the proposed means
restriction net systems for all seven high gorge bridges, to construct and give to the City
free of charge said means restriction net systems on the City's three high gorge bridges,
and to make their maintenance, repair and other obligations of operation and ownership
wholly or substantially "cost - neutral" to the City during the term of the Agreement; and
(20) WHEREAS, the City wishes to consent to means restriction net systems on the
three City-owned bridges, for a period of ten years, subject to site plan approval by the
Planning Board, provided that the installation and maintenance of such nets are wholly
or substantially "cost - neutral" to the City, and upon certain other terms and conditions;
now therefore be it
RESOLVED, That the Common Council of the City of Ithaca hereby adopts as its own
the findings of the Planning Board (made at the meeting on November 22, 2011) as to
the environmental impact of the proposed nets, and be it further
RESOLVED, That the Council hereby grants its approval, in concept, for the installation
of means restriction net systems upon the three, City-owned, high gorge bridges
specified above, generally in the form proposed by Cornell to the Planning Board, and
subject to the terms and conditions set forth in a proposed agreement entitled
"Agreement Between the City of Ithaca and Cornell University Concerning the
Installation and Maintenance of Nets Under Certain City High Gorge Bridges," bearing
the draft date of November 22, 2011; and be it further
RESOLVED, That the Mayor, upon consultation with the City Attorney, is hereby
authorized to execute the aforementioned agreement, on behalf of the City of Ithaca,
either in the form referred to above, or in a form essentially and substantively the same.
DRAFT of November 22, 2011
AGREEMENT BETWEEN THE CITY OF ITHACA
AND CORNELL UNIVERSITY
CONCERNING INSTALLATION AND MAINTENANCE OF NETS
UNDER CERTAIN CITY HIGH GORGE BRIDGES
( "AGREEMENT ")
I
MADE the day of 2011, by and between the CITY OF ITHACA, a
New York municipal corporation, with offices at City Hall, attention City Clerk, 108 East Green
Street, Ithaca, New York 14850 ("City") acting by and through its Common Council, and
CORNELL UNIVERSITY, a New York education corporation, attention Vice President
Facilities Services., 101 Humphreys Service Building, Cornell University, Ithaca-, New York
14853 ("Cornell");
(.1) WHEREAS, the City owns three high gorge bridges on East Hill adjacent to or
connecting within the Cornell campus, namely, the Stewart Avenue Bridge over Cascadilla
Creek, the Thurston Avenue Bridge over Fall Creek, and the Stewart Avenue Bridge over Fall
Creek; and
(2) WHEREAS, Cornell owns four high gorge bridges on East Hill adjacent to or connecting
within the Cornell campus, namely, the Trolley Bridge over Cascadilla Creek, the College
Avenue Bridge over Cascadilla Creek, the Beebe Dam Bridge over Fall Creek, and the
Suspension Bridge over Fall Creek; and
(3) WHEREAS, in the late winter of 2010 three young people enrolled at Cornell died by
suicide in jumps from high gorge bridges or their abutments and edge approaches; and
(4) WHEREAS, on March 26, 2010, at Cornell's request, the Mayor of the City of Ithaca
declared a public health emergency, a copy of which is attached hereto as and
permitted Cornell to erect and attach to City and Cornell bridges temporary galvanized chain-
link fences as means restriction; and
(5)) WHEREAS, "means restriction" refers to a suicide prevention strategy whereby access
is restricted to the means by which a person could die or attempt to die by suicide, such as
locking up hazardous chemicals., dispensing medicines in small quantities, removing guns from
premises, or installing barriers or nets at high places that could be used for fatal jumps; and
I
(6) WHEREAS, Cornell thereafter requested of the City the opportunity to study and
possibly propose plans for long -term means restriction at the seven high gorge bridges, during
which study period Cornell offered to replace the temporary galvanized chain link fences with
temporary and less visible black coated rectilinear fences on the bridges and abutments; and
(7) WHEREAS, the City, acting by and through its Common Council, responded to
Cornell's request by resolution dated August 4, 2010 (a copy of which response is attached
hereto as ��; �` ����� by extending the public health emergency and allowing Cornell to erect
the replacement temporary black coated rectilinear fences on the bridges on certain conditions,
including the condition that Cornell file applications for site plan review of the long -term design
solutions it proposed for means restriction not later than May 31, 2011; and
(.8.) WHEREAS, thereafter in furtherance of said resolution of August 4, 2010, Cornell and
the City signed a Memorandum of Understanding dated May 24, 2011., a copy of which is
attached hereto as �����; and
(9) WHEREAS, the City appointed representatives to (a) consult with Cornell on the
selection of an architectural firm to undertake the designs and (b) consult with Cornell
representatives as the design process and interactions with the architects and City constituencies
and campus constituencies developed, which consultation group, augmented by representatives
drawn from the Cornell community, became known as the City - Cornell Means Restriction
Working Group ( "Working Group "); and
(1.0) WHEREAS, as various designs were explored and developed by Cornell they were
presented and discussed with the Working Group, with campus and city constituencies in forums
held both off campus and on campus, and at a website containing architectural drawings, video
of design presentations, and other materials with the opportunity for public comment to be
submitted to the website; and
(1. 1) WHEREAS, the City accepted privilege of the floor comments at various public
meetings and held public hearings of the City Common Council and the City Board of Public
Works ( "BPW ") on July 14, 2010, and June 28, 2011, concerning the potential use of means
restriction on high gorge bridges; and
(12) WHEREAS, the pity and Cornell recognize and highly value the natural beauty and
majesty of the deep gorges of Fall Creek and Cascadilla Creek on East Hill, and the scenic vistas
of them from various points accessible to the public, and the special and positive effect these
gorges and vistas have on the majority of the people who live, work, or visit in Ithaca and on the
Cornell campus; and
(11) WHEREAS, as a result of the discussions of the Working Group, feedback during
Sketch Plan Review with the City Planning and Development Board ("Planning Board"),
feedback from the BPW, comments at public forums., public meetings, public hearings, and the
website, Cornell took into account the public's opinions about the value of preserving the natural
beauty and their aversion to blocking or unduly interfering with views of and from these high
gorge bridges; and
(14) WHEREAS, Cornell did on May 31, 2011, file seven site plan review applications
together with Full Environmental Assessments as required by City and State Environmental
Review laws ("CEQRO" and SEQRA"), for permanent means restriction net systems designed to
be installed (in all but one case) below bridge decks with minimal visibility and physical
intrusion when looking from or to bridges, with the City's Planning Department for review by
the Planning Board; and
(1.5) WHEREAS, the one bridge whose structural characteristics do not permit a below-deck
net system., the Suspension Bridge, is a Cornell-owned bridge and a vertical net system is
proposed for it; and
(16) WHEREAS, the Planning Board commenced coordinated environmental review of the
said seven site plan review applications and on July 26, 2011 declared itself Lead Agency for
purposes of CEQRO and SEQRA; and
(1 7) WHEREAS, on November 22, 2011, the Planning Board as Lead Agency found that the
seven projects described in the seven site plan review applications will not result in any
significant adverse environmental impacts, thereby allowing the involved agencies, the Common
Council, the Board of Public Works, and the Ithaca Landmarks Preservation Commission of the
City, to undertake consideration of the projects without further environmental review; and
.10.0
(1.8) WHEREAS, the City has approved in concept and subject to certain conctitions, by
resolution adopted on December 9 2011, the installation of means restriction net systems
on the three City-owned high gorge bridges, subject to the terms and conditions contained
herein; and 0
(19) WHEREAS, Cornell intends to pursue site plan review approval and any other necessary
approvals for the means restriction net systems for all seven high gorge bridges, to construct and
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give to the City free of charge the means restriction net systems on the City's three high gorge
bridges and by this Agreement to make their maintenance, repair and other obligations of
operation and ownership substantially cost-neutral to the City during the term of the Agreement;
and
(20) WHEREAS, the City wishes to consent to means restriction net systems on the three
City-owned bridges on the terms and conditions set forth herein;
NOW THEREFORE, the parties agree as follows:
10 - Installation: Subject to the terms and conditions set forth at length in this
Agreement and to be associated with site plan approval, the City grants Cornell permission to
install or cause to be installed, at Cornell's sole expense, the said means restriction net systems
designed for the three City-owned bridges respectively, substantially as presented to the
Committee of the Whole of the City's Common Council on November 30, 2011, being also
substantially the same as currently proposed to the Planning Board. Means restriction net
systems shall refer to nets., supports, hardware for attachment, any signage, heat sensing or other
security, electronic and telephonic equipment ( "means restriction net system(s)"). Unless
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speciticaily indicated to the contrary, the provisions of this Agreement shall apply only to the
means restriction net systems for the three City-owned high gorge bridges on East Hill.
The permission granted herein is subject to:
A. Final Site Plan Approval and a Recreational River Permit (where applicable),
granted by the Planning Board, for means restriction net system(s) in substantially the same form
as presented to the Committee. of the Whole of Common Council on November 30, 2011. If
such approval or permit calls for systems or a system of a substantially different appearance or
function with respect to the three City-owned bridges, further consent of Common Council shall
be required, unless waived by Common Council, as provided in Paragraph 1. G. below,
B. If required, a Certificate of Appropriateness by the Ithaca Landmarks Preservation
Committee with respect to the portion of the project area of the Stewart Avenue Bridge over Fall
Creek located within the Cornell Heights Historic District.
C. Cornell's prompt removal of the temporary black rectilinear wire fence from each
bridge where it is currently installed when the long-term means restriction net system on such
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bridge has been installed by Cornell and then accepted, by the City and Cornell in the case of the
City-owned bridges, or by Cornell in the case of the Cornell-owned bridges. The City confirms
that Cornell may continue to maintain the temporary black rectilinear wire fence at each of the
seven bridges where it is currently installed until such time as the long-term means restriction net
system on such bridge has been installed and accepted, however, notwithstanding the above,
Cornell agrees to remove the temporary black rectilinear wire fence at each bridge which does
not have an installed, inspected and accepted long-term means restriction net system installed on
it by November 30, 2013. Such date is subject to the provisions of Paragraph 9 concerning
extension and tolling.
Do , Approval of the general contractor and major subcontractors selected by Cornell
to work on City-owned bridges by the Superintendent of Public Works or his or her designee, in
writing and subject to Paragraph 10.
E. Approval of the designs' engineering details and specifications (including method
of attachment to City property) and substantive changes to them., if any, by the Superintendent of
Public Works or his or her designee, in writing subject to Paragraph 10.
F. Review and comment on Cornell's contract documents prepared for letting the
contract out for bid for such installation on City property by the Superintendent of Public Works
and City Attorney, subject to Paragraph 10. Cornell agrees that the contract documents with
respect to the three City bridges shall contain the requirement that the contractor and
subcontractors shall meet the prevailing wage and any related benefit requirement to which a
public work and the City's contractors would be subject if the City were letting the contract. The
Superintendent of Public Works or his or her designee shall also have the opportunity to
participate in all City bridge-related job progress meetings, to review and comment upon change
orders (except substantive changes to engineering details and specifications shall require his or
her approval), coordination of access and traffic control, and other reviews and consultations
ordinarily discussed with an owner's project construction representative.
i. Cornell shall reimburse the City for the reasonable cost and time of staff and any
City consultants hired by the City to perform the foregoing approvals., participations,
consultations and reviews, subject to Paragraph 12.
11. Cornell shall require contractor liability insurance in the amount of not less than
$10 Million and the City shall have the opportunity to review the terms and conditions of
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the contractor liability insurance to be carried by the construction contractor and any
major subcontractor, which insurance shall name the City as additional insured and
provide a waiver of subrogation in favor of the City and Cornell.
G. Cornell shall keep the City apprised of any design refinements and changes made
(and whether or not at the suggestion of the Planning Board or pursuant to a condition of the site
plan approval by the Planning Board) but only if they or any one of them substantially affect the
overall appearance or functioning of a means restriction net system designed for one or more of
the three City-owned bridges respectively ("substantive change").
i. If there is any such substantive change, the Common Council may, by resolution
passed within 35 days of the notice of the substantive change, elect to re-examine its
December , 2011, approval in concept, in light of the substantive change, and may
thereafter modify or withdraw the approval granted but only with respect to the City
bridge or bridge(s) affected by the substantive change, and only if such action to modify
or withdraw approval is taken by resolution within a further 35 days from Common
Council's resolution to re-examine. Failure to act or to pass either the first or the second
resolution within the time limits stated for each shall constitute a ratification of the
substantive change.
ii. If there is a dispute between the parties as to what constitutes a substantive change
substantially affecting the overall appearance or functioning of a means restriction net
system designed for one or more of the three City-owned bridges, then whichever party
believes there is a dispute shall notify the other in writing as provided in Paragraph 11,
below, and the same shall be resolved by streamlined binding arbitration by a panel of
three persons, each of whom is either a licensed architect or licensed engineer. One
person shall be appointed by the City, one by Cornell, and the third selected by the two
appointees of the two parties. The parties shall appoint their respective panelists within
10 ,days of the delivery of the written notice that a dispute exists and the third shall be
appointed within a further 10 days. The panel shall be convened and make its
determination by decision of any two of them in writing within 10 days of appointment of
the last of them. The parties agree to cooperate with the panel expeditiously, meet with it
as necessary, answer its questions and provide any other information, including
information reasonably requested by the panel. The expense of the arbitration shall be
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divided equally between the parties. If the either of the parties is unable or unwilling to
comply with the above streamlined arbitration procedure, then the other party may refer
the dispute to binding arbitration under the auspices and rules of the American
Arbitration Association.
2. Responsibility for Rescue and Rescue Training Apparatus: The responsibility for
any rescue or other life-safety response or incident and the training of first responders involving
or occurring near to the means restriction net systems on any of the seven bridges shall remain
the responsibility of the City and no protocols or responsibilities shall change expressly as the
result of the addition of the means restriction net systems on either Cornell- or City-owned
bridges. This provision is not intended to prohibit the ordinary refinements of procedures and
protocols that typically and continuously evolve over time. It is agreed that because of the
existing infrastructure associated with the Cornell Blue Light system on campus, any heat
sensing or other security, electronic or communications equipment to be installed as part of the
means restriction net systems shall be connected to the Cornell Police, such that any data
therefrom is transmitted automatically to the Cornell Police. Upon receipt of any such data, or
report from a witness, the Cornell Police shall immediately contact and relay such information to
the Tompkins County 911 Center. The responsibility of any City agency to respond to an
incident so detected shall commence only upon the successful, confirmed contact of the
Tompkins County 911 Center by the Cornell Police. The process described in this paragraph
shall be followed unless and until a different routing of systems and information is established by
mutual agreement of the parties. The method of routing or subsequent change in routing shall
not alter ownership where such equipment is located on City-owned property or right of way, nor
the responsibility for maintenance and repair as provided in Paragraphs 4 and 5 below,
A. Cornell shall cause to be designed and installed at its expense., a net system
training apparatus to simulate the condition of means restriction nets for rescue at the City of
Ithaca Fire Department's training facility at no cost to the City. The plans and specifications
shall be approved by the Ithaca Fire Department and the Superintendent of Public Works or his
or her designee, subject to -Paragraph 10.
B. Cornell agrees to pay the City for the cost of initial training of Ithaca Fire
Department personnel and any other first responders potentially expected to be involved in
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rescues and recoveries with respect to all seven high gorge bridges. Such payment shall cover
the cost of actual paid work time and any out of pocket cost for use of any equipment subject to
Paragraph 12. Thereafter Cornell shall not be obligated to pay for the cost of on-going periodic
training and training for new personnel. The City agrees that on-going, periodic training and
training for new personnel will be worked into regular training programs without cost to Cornell,
3. Ownership: Following completion of means restriction net systems on the three
City-owned bridges and the training apparatus on the Ithaca Fire Department training facility and
pre-acceptance inspection, any testing, and acceptance from the contractor by Cornell, Cornell
shall turn over ownership to the City, together with all warranties and representations of the
designers, manufacturers, and construction contractors that are assignable to the City, Turning
over r ownership of the net systems on the three City-owned bridges may occur individually or all
together, however it is anticipated that the training apparatus will be turned over by mutual
agreement of the parties on a date before construction of the net systems on any one or more of
the bridges commences. Acceptance by the City of any heat-sensing or other security, electronic
or communications components of the net system(s) may, at the City's request, be handled
separately from the remainder of the system(s) and be contingent upon reasonable demonstration
of that component's functionality. Upon turning over to the City the ownership of such net
systems and training apparatus respectively, they shall each thereafter be and remain City
property and components of the three City bridges and the training structure, together with all
portions of the systems providing heat sensing or other security, electronic or communications
equipment or -portions protecting access to abutments and bridge sub-structure that are located on
or attached to City property or within City road and bridge rights-of-way as part of the
installations of the means restriction net systems. Wherever proposed heat sensing or other
security, electronic or communications equipment is located on or attached to Cornell property it
shall remain Cornell property. Thereafter the City agrees to keep the improvements that were
turned over to it in a good state of repair and maintenance and to a standard at least equivalent to
that provided by Cornell for the means restriction systems on Cornell-owned bridges,
4. Maintenance and Repair ( "M &R ") Cost: Cornell agrees to reimburse the City for
the reasonable costs of the City's M&R of the net systems that are located on City-owned
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bridges, property or rights of way, and of the training apparatus at the training facility. Costs
shall include but are not necessarily limited to the cost of inspection, repair or replacement of
damaged net, net supports and hardware, painting and touch-up, new net or other systems at
below-bridge deck areas restricting access to bridge abutments and sub-structure, and all
auxiliary systems such as thermal sensing system, and retrieval and disposal of any objects found
in the nets whether natural or human-made and whether deliberately or accidentally thrown or
falling into the nets (collectively "Maintenance and Repair," "M&R"). All such costs associated
with the means restriction net systems shall be reimbursed, subject to Paragraph 12 below, to the
City by Cornell except that the City agrees to provide routine or other washing of the net systems
on City-owned bridges at the same time that it performs bridge washing at no expense to Cornell.
However, to the extent that any highway maintenance and repair assistance from the state or
federal governments covers or may cover the M&R of the means restriction net systems on the
three City-owned bridges, the City agrees to apply for the same and if granted, to credit the
amounts received for M&R for the net systems in reduction of the M&R costs Cornell is
obligated to reimburse to the City.
5. Coordination of M&R Activities: The parties recognize that reasonably prompt - -
M&R may be desirable to maintain the nets' function, prevent unsightliness, and deter any future
deterioration or instances of throwing items into the nets. The parties also recognize that a
reasonably consistent standard of care across the means restriction net systems on the bridges
owned by both parties sends a message to the public and bridge users about the respect for the
systems and seriousness of their purpose. The parties also recognize that opportunities for
mutually beneficial cost savings may exist if they coordinate the tasks of M&R at their
respective means restriction net systems to the extent practicable. To further such goals:
A. The parties agree to make members of their respective professional staffs
available as soon as mutually convenient after the execution of this agreement and for them to
develop in concert with each other, a mutually satisfactory written summary process and
guidelines (hereafter "Process and Guidelines" or "P&G") for coordinating M&R, the draft P&G
to be prepared before the completion of the first of the net systems to be installed on a City-
owned bridge. The purpose of the P&G is to develop efficiencies and keep M&R costs as low as
reasonably possible for both the City-owned and Cornell-owned net systems, while meeting the
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parties' shared goals for safe, functional net systems that are reasonably free from visible wear
and tear and unsightly objects. The P&G are not intended to be contractual or need the parties'
formal ratification. They may be in the form of a letter memorandum and may further evolve
over time as the respective staffs of the parties gain technical and practical experience with the
net systems. The P&G should describe how to:
i. identify reasonably needed M&R including object retrieval and disposal,
approximate frequency needed, and guidelines for what constitutes an emergency need;
ii. identify best practices and methods of M&R;
iii. coordinate the scheduling of both planned and, where feasible, unplanned M&R
to conserve resources and realize cost savings;
iv. coordinate the use of contractors and other resources such as rented equipment to
reduce overall costs;
V. outline generally how the value of a City employee's time spent on work that is
reimbursable by Cornell under this Agreement shall be determined; and
vi. handle any related matter that serves the purposes of M&R.
&
B. Thereafter, each party shall designate one to two members of its professional staff
to serve as its coordinator(s) ("Coordinator") for the purpose of administering any M&R of that
party's net system in accordance with the P&G and coordinating with the other party's
Coordinator. Coordination is meant to be informal and expeditious, such as by telephone- call or
e-mail, and conducted in the spirit of professional courtesy and neighborly cooperation.
C. Except in the case of emergency, it is expected that M&R will be first discussed
and not performed without a reasonable time for coordination of tasks,, contractors., equipment
rental, and the like, by the party's Coordinators. Neither party is obligated to obtain the consent
of the other party for M&R; rather each party is ultimately responsible to determine when and if
M&R are needed, after observing the P&G.
D. Subject to Paragraph 12 below, Cornell agrees to reimburse the City for the actual
time of the City staff devoted to the preparation of the P&G and actual time of the City staff
employee(s) spent serving as Coordinator. Cornell shall also reimburse the City for the actual
cost of a M&R job, whether executed by City employees or a contractor employed by the City
(including any advertising and other costs associated with letting a contract out for bid and staff
%.W
time to supervise or administer the job or contract),
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E. Prior to seeking reimbursement from Cornell for any M&R due to damage or
vandalism or other condition or occurrence to the net system, the City shall first seek coverage
under its property damage insurance policy, the proceeds of which shall be applied first to the
cost of such M&R and Cornell agrees to pay the City's deductible (or the portion of the
deductible attributable to the nets' damage in the event insured damage to City property is
greater than to the net system alone). The City agrees to provide a waiver of subrogation in favor
of Cornell in connection with any such property damage claims. If damage is covered by such
property damage insurance but the damage is not such that it requires repair for functional,
safety, or aesthetic reasons, then the proceeds shall be applied on behalf of Cornell to the next
expense of-M&R for which Cornell would be obligated to reimburse the City.
.6. Insurance Generally: The parties acknowledge that the maintenance of
comprehensive premises liability insurance and property damage insurance are the prudent and
appropriate methods to protect municipalities and educational institutions from the risks of
owning and operating their extensive facilities.
A. Cornell agrees to reimburse the City for any future increases to premiums of
premises liability and property damage insurances levied expressly and solely due to the
inclusion of the means restriction net systems among the City's premises and property and not
due to generalized premium increase, to increased coverage and/or reduced deductible, or to
claims history involving other premises and property of the City overall and not specifically the
City-owned means restriction net systems.
B. The City agrees not to substantially change or alter its property damage or
premises liability insurance or their coverages or deductibles or self insured retention or named
insureds or waivers of subrogation relating to or affecting this Agreement and the means
restriction net systems on City-owned bridges (collectively "Coverage") without first notifying
Cornell and providing Cornell with the opportunity (but not the obligation) to take steps to keep
such Coverage the same as or similar to before the proposed change or alteration, at Cornell's
expense, with regard to the Coverage available to apply to M&R or to a judgment arising from,
and property or personal -injury or death connected with, the means restriction net systems on
City-owned bridges and the defense thereof. The City agrees to provide annually to Cornell a
copy of the declarations page of, or certificate of insurance for, each relevant insurance policy,
11
7. Premises Liability for Means Restriction Net S ystems: Based on the available
information, Cornell does not expect that claims for injury or death caused by or related to the
means restriction nets on City-owned bridges are likely, or if brought, are likely to be successful.
The existence of nets may be likely to reduce risk of injury or death off bridges. The City's
current insurer has acknowledged that as City property the means restriction net systems beneath
City-owned bridges are covered by its premises liability insurance policy. The City represents
that its current premises liability policy provides first dollar coverage (no deductible). The City
agrees to name Cornell as an additional insured and provide a waiver of subrogation in Cornell's
favor. In the event that the City's premises liability insurance coverage has a deductible or self-
insured retention in the future, then Cornell agrees to pay the deductible or self-insured retention
in connection with a judgment arising from, and property or personal injury or death connected
with, the means restriction net system on City-owned bridges (or the portion of the deductible or
self insured retention attributable to the net system in the event the cause of the injury or death is
determined to be due to more than to the net system alone), provided:
A. the deductible is the same deductible that applies to any judgment arising from,
and property or personal injury or death connected with any other premises and property owned ---
by the City; and
in
B. the City has complied with Paragraph 6. B. above with respect to any increase
the policy's deductible or self insured retention,*
C. the City agrees not to settle or agree to a settlement on the City's behalf by any of
its insurers, claims adjusters, or legal representatives without Cornell's written consent, which
consent shall be determined as quickly as is practical, and subject to Paragraph 10, below. This
provision shall not affect Cornell's obligation to pay the deductible following final judgment,
provided, however, that the City shall have notified Cornell of all substantive settlement
discussions and settlement demands and offers, and shall have considered any input Cornell may
provide in connection with such settlement discussions.
8. Other Matters,: The parties acknowledge that there are related topics which do not
require definitive resolution at this time and/or are administrative or legislative functions, but
which the parties will meet to discuss and fully address as soon as expeditiously as possible
12
hereafter. The parties agree,, each at its own expense, to name up to three individuals to a
committee to study and, within 60 days of execution of this Agreement, to report
recommendations to the parties, concerning:
A. Public education about the nets and their purpose to be planned and delivered
sensitively and carefully to help insure that the nets are understood and respected by those on and
off campus and especially by newcomers to the community,
B. Reasonably consistent provisions in City Code and Campus Code regarding
tampering with or misusing the net systems owned by both parties and the gravity of penalties
and other consequences of doing so.
CS Consistent and effective strategies to enforce prohibitions against vandalism,
pranks, and other misuse of the net systems and apprehend those who are alleged to violate the
prohibitions.
Thereafter, the parties agree to jointly implement the recommendations addressing "A"
and Cornell agrees to pay the out of pocket cost for the agreed upon public education materials
and media. Also, each party agrees to adopt and implement, at its own cost, such measures as it,
in its sole discretion and in good faith., finds reasonable, appropriate, and lawful to address the
recommendations for "B" and "C" above. The parties acknowledge that the success of the
means restriction net systems and their ease of integration into the landscape and culture of the
City and the Cornell campus are dependent on their good faith efforts and diligence singly and
jointly as appropriate to implement changes with respect to all three topics.
9. Term of Agreement: This Agreement,, and each of the respective parties'
undertakings herein, shall be for a term to commence upon execution of this agreement, and
cease on the earlier of (a) the elapse of ten (10) years, measured from the day that ownership of
the first means restriction net system on a City-owned bridge is turned over to the City; or (b)
November 30., 2013 (or later date if extended or tolled as provided below), which specified date
shall apply only if Cornell has not, by November 30, 2013 (or later date if extended or tolled),
constructed and turned over to the City (or is not in the process of constructing with deliberate
speed and in good faith) all the means restriction net systems so proposed for City-owned
bridges (during which time of construction the date shall be extended accordingly). The parties
agree to execute a Memorandum of Commencement of the date that the first means restriction
net system installed on a City-owned bridge is turned over to the City and attach it to this
13
Agreement. Furthermore, the alternative date of November 30, 2013., shall be tolled to the extent
that and during the period that (a) any court proceeding or action challenging a permit, approval
or consent or an environmental review procedure granted to or pertaining to one or more of the
seven means restriction net systems is pending (and whether or not stayed or enjoined by the
court or operation of law) together with the period allowed for appeal or (b) any strike, act of war
or rebellion,, act of nature., extreme weather or other force majeure prevents Cornell from
performing or makes it impractical or unreasonably expensive for Cornell or a contractor or
supplier to perform in a timely manner. If at least one, but not all of the means restriction nets
systems on the three City-owned bridges has been installed and turned over to the City by
November 30, 2013 (or later date if extended or tolled as provided above), then this agreement
shall remain in effect with respect to those which have been turned over to the City but shall
cease with respect to any that were not installed and turned over to the City by November 30,
2013 (or later date if extended or tolled).
The term of this Agreement shall not be deemed extended by reason of any failure or
neglect to extend or renew it; it may only be extended by a new agreement, duly signed by the
authorized representatives of each party. If at any time within six months prior to., or three years
after, the end of this Agreement, the City so requests in writing in accordance with Paragraph 11,
Cornell shall, at Cornell's expense, cause the means restriction net systems on the three City-
owned bridges to be dismantled and removed and any damage at points of attachment or
otherwise to be repaired, within six months of any such request (preparation of plans, getting
contractor under contract, mobilization, weather and other conditions permitting). With respect
to dismantling and removal, Cornell agrees to provide the Superintendent of Public Works or his
or her designee with the same opportunities for approval or review and comment and to provide
the same cost reimbursement and contractor liability insurance as are provided for in Paragraph
1.D.9 1.E., I.F. (including 1.F. i. and ii.) above, with respect to installation. Cornell may leave in
place any auxiliary security and communications systems where the equipment is located on
property owned or controlled by Cornell and that was not turned over to the City previously. If
the City wishes to have the salvageable material and equipment that are to be removed from City
property, it may so notify Cornell at the time it requests removal, provided however, that the City
shall pay Cornell for the difference between the contract price for a straight removal with
14
minimal salvage capability and a removal undertaken specifically to retain the maximum
reasonable salvage.
10. Reviews and Approvals: Whenever one party is required to review and comment,
or to approve a matter as provided or implied in this Agreement, it shall act reasonably, in good
faith and in timely manner, and not unreasonably or arbitrarily disapprove or delay matters that
require approval. It shall communicate any reservations or objections in writing (by letter or e-
mail) to the other party without delay, and work with the other party to the Agreement to attempt
to work out differences., reservations and compromises in a reasonable and expeditious manner,
11. Notices: If either party needs to, or believes it needs to, formally notify the other
of a matter relating to or concerning this Agreement or the means restriction net systems on
either party's bridges, such as a communications breakdown, an alleged failure to abide by or
controversy over the meaning or applicability of a term or condition of this Agreement, such
party shall notify the other in writing and deliver the same by hand or by certified and return
receipt ail or by national overnight delivery service to the address listed below, or to any
Pt %_1
different address subsequently provided in writing by the other party:
If to the Cites to
City Clerk
Ithaca City Hall
108 East Green Street
Ithaca, NY 14850
If to Cornell, to
Vice President Facilities
101 Humphreys Service Building
Cornell University
Ithaca, NY 14853
12. Pam: Whenever one party is required to pay or reimburse money to the
other (hereafter the "Payment"), the party requesting the Payment shall do so in writing and
supply supporting documentation describing the purpose and work performed or expense
incurred., and if applicable,, by whom, the hourly or daily rate as appropriate, and how the
Payment requested was calculated. The party requesting shall answer any questions or supply
additional documentation that is reasonably required and promptly requested by the party paying.
The party paying shall remit the Payment by check or direct deposit within 25 days of receiving
15
the request and the complete supporting documentation. Requests for payment shall be made not
more than 4 months following the close of the financial year in which the requesting party
incurred the expense.
13. Completeness, Headings, Reformation: This document represents the complete
Agreement by and between the parties with respect to the means restriction net systems on the
three City-owned bridges described herein. The paragraph headings are for convenience only
and are not part of the Agreement. If it should later be determined that any portion of the
Agreement is unlawful as determined by the final and un-appealable judgment of a court of
competent jurisdiction or by mutual agreement of the parties, then the unlawful portion shall be
excised and not have any effect on the validity of the balance of the Agreement or on its overall
purpose and intent. The parties agree either that the said court shall reform the Agreement on
their behalf or that they may mutually agree to reform the Agreement by a reformation
amendment duly executed by each of them, such that by either method the overall -our-pose and
intent is preserved and the Agreement is remade whole and functional without such unlawful
provision, providing however, that no such reformation may increase the liability or obligation
(monetary or otherwise) of either party without its express consent.
IN WITNESS WHEREOF, the parties have here unto set their hands and seals, the day
and year indicated next to each signature.
City of Ithaca, by:
Date:
Name
Title
Cornell University, by:
Date:
Name
Title
16
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addre.,ssto Ito
4F -h tc: ame it. h
e nt vie-wojng�,gnnd other aest et* n tes: of the hi
b, c-o-,.nsWevh,:o.v-,v th. -mpo ft-a 9
pproa.
-.-ry - d in conj"unction with a -mean s �restriction:. a ch
bridg,ties: coitj:ld be Prese e
i.cv ience
cie. -ta we..m ryl ev.n.-earg.-
f
U
C-1, review designs fb more vit..'. suaiiy' a. e por e
M S:
H cc
t
ble....: �f ir 4 er more_--_.m vvis..Uati a- ep- a�
b I
d conslide r -a mutually a.g.re---eable. t me ta h_
y
-in:: on w I means
fi"le permanent:
nce th, -Wild ,
.)n aen�cy: a to.: es
.C,mporary- ,I..er.
fe. t r ema
a. n d 1: solut", ns:. were diSCUS d 11
ch.es. Pot ntla. to se e. gnec all
re. jo.n a.pprp4o
s. s. ot. envi.ron-ime-m-al and otPer r-evnew....-, .,n, al
P
.a.*.. ro
th,rough. the norm.) p es..
OM:
-ed
ounai a t d re, so i., - lo n ent .6
WHEREA S on� June. -2,010; 'th I dop. a
I PWW" A,
Xle-*
Cl. Declara: on o -- f E Mh .-r-Za. .10 W.. eK t nsion
Cot .... ... . ..
C. mon n of
OM
a
n.
"d e.-
fof-� ExIstiln-19., T6mpora.-ryTe:,nc,.es on.�*Go.r e� B.n... g� -, s,'
es,
e6ted a d
't he ny inctua:,j Ic ewl n
pfes.e
WHEREA si',- -ce June-.21 C.
ves.�:off
t
t i
-s an v
sen
.Ppolf e. Gla
46 JleA `C:
.0111
c i..
S
or tion-mcjuating. u.
C. Of. t. i - e., 11 h0v cifiange* a ii" .f-
"Ext,
4 4 It ---,ilft
whe? n it. . bec-ame; ava'Wble. J -U -w n- ei.t (b) - 1- b Ah an
da a on 6 a ip an C e
In e
Otl
Vllms and r -.S
yvs ie
-a
ser%-.-ed�:in tonju!ncnflon .... .. nd
9.CBS -a,
A
Oy
f o' th- r raia.-ings and :whether th
anein: ws. est rj c t on a proa hes ur e--.:.s A ej.
perm t In": 0.- P
5cripnons �Of--Comelll'son-
d: -0 t
I C
o a in ps or� .
0 fl. ri
;g -i- i f:)-r students nta-l- h -d f Ing: and� otheur pro-9 ���a� a n. sa y counset ra
it k -.1 ez.l
0 ����� tin
�P ..c
oc f t, e,.mporary T eince mate-inal th.at c. ou. ...e i a lk e d in e f: a ri k
es . O'niCa'.71wis
M di- m t" Ul
pr
e the. b W whjlb. to-Mp'orardy ovii
etic qutal -les., - � es.,
'ft" s: nd ot fit of n
:61:: apvor -Un.-.i te a :her amis -h
viewing
bridges.-I.
1. S
y
u t
WHEREAS, on: Jul 14, 2*2040j. th:e- �Qoi--i---imon -.0�--onp.j.-I -a
6
ds and
M s -r C
ctai jot-nt -me g to which me,
ben* �of dthe ..1 ty Doz r
Win'br-ks.. -on, "Uct-CA 6. e
ivers..:c t`b ea G!�
t
CO, a. a Mmere',inwrea: ic. rep, e. -
es the:pubf" and: at olh
summa. -nz, d the. inf, rin.ill lion ff').-e
a ee
and Corn---------- j
e xPil.6 nea the
r e M e.. g, n p. * y.
a ef n:d*: e �,%St' th.... P ry
r qu,
,-e -for a
Ile
ed e- x p -i
had e."...xallat, 19- lain dCorn.e. ..11 --t-lon: . I
'h :ues I ITS
bv'U a esl --etc- f
brid. more a. rm- and �at wh.-teni q :0
fe.--r-j..:Cj.---:ng ir--ei-rnicin
anci commentsfroin� ofl. er Cit.. j.-a tc, wei r-8. enite a- n
.0 --orne n
fthO.-Ci ana u
xeprese�:n t.-Aives
W H - E R E. t h e, tompor-ary f-6n.ce material'.: -�prouipose-d: by Cornell tu be ins- afled: (at
j
4.-.:
c ve
k f6n:ce -matettai. ts, jess re-4
t) ch H
e
COM Sol
:d
ig-
a,fewing poirt-houl, s-.." u
4% i-mve a.rma re at t has
;044
ititerva.l.s. - 6 a 1'. .10.. W vaemn 'a i n* - a* t * r e fower In fiel than. -the
.9 picP at%u.ng wiT.-nou.M. wi is
a, ea
�P-P...
i lip ffi� "'adust *a. -..e the chm'n .k-:-.f- nnee, t.-u foo..k.t- tne -i ri f h. -avy fook or-f and s c
ra. --:r,
i-ass mnig_ td. the e,..-xt o;�nt p: r: a:: ic a e. �(q i.... v , n- the ternpo n. a... iture. atim
Cot-e....rie-
bl i e
y
.0 n'. t views virou-sly - -a' v "0 We f 't-he
r re., aat a M
pwpose) -th. e a- ct�. of -fe.nc n.: the: j
p
CIAG
n-
0
T fe
go and. ma.k0s thO Pr.. ibp_ ..P)�q_ h.-.e Ahe �br d
-from, "I e. gorges Oh areas near the :b ii, e.- s d ffiarther th*
.1teration
teniporary f �nce materf a -1 ican.. be inst..: .11'ed an - n:
Am-
hout
... to
sanul
:e exts-tuma. bud d.
or-dam:.a .i ge
ge
u c j; iit iexpe I.: e, * V.-ir J d e. n ic - -e �and� op.injon
WHER. AS thcif� -ap-., rs- to be.: s. ff- bout the,
U. A.
.:an
n.- i re -a- aict de c*,..o,..h: e.-.Ut-
0 S ntagjo t I f b Y o Ith osst -.1 tit a n:*-ooguin. auict
ngering.
-.t e:media, t .1 -:re o onev., i -a t e- ton: -and C.". ju oi� n: suffant n I �of the: %i� h btW: es. "n. Ithy -9.:
T
a k::.of st
MWing m p0fiOn a y: 'tcont'r si xtue.site".t. w�,Wch - J` the:
j c .
hei.a....1th
ffb
minut..Ing, emerg n Y- --a- 't-tun Jfif
:atteml?t ftom'hem,. to. constitute::a.-co e C., a 0.1
spfetyv, of the: i nihabitants. of th.e..'C ity. 6f.`� I pnd:
t
y-
Co
"nd` that:-it -:a d: to:v d* fand U.
Afim.0-1
Woong ...
pe
:em e. cy
g
j..n. ana j-n:, c toun., w 'h C1 repmentatives at
pro idedfbr here iose c.ofl boraft it
m-per
jonis,(in u ing- as one �soi. -
means rmi"ict cl) d at b s rL
N'14, A+0V
P MP.S.
as: iaiti t e, e :er im, wsiiv.,�
I -u su t d to d t
:ge ge
a le Ahe.
ie: g- r. cuca..b
exte
their in r esullz..-�i Whlffe",, re.,sie j,.n.-g. IN te..
S
he;t u es. a e. b Ote im :1 rov. M. 0 em
ae.st iic�-arttr' b :t': cif t d: f h-
Por
no- w- th ry re belt
re e
or
V* -s. thata. tfi.reat to� the saf6t'.
t1he...... Comm h
RESOLVE D"'I. 'Tflnia.-.. .-,ot-t Coun 1: e... by d:: c J are. Y
0
PPC
c nT: nu,
v :o i e toe ".si o
t n Isitor's of
v rM
a ..e
'Ijal�
z.
VC A.:
e b.r' j �ge ,
i. R...., d �o.h th E, -.0 b P 0.. ssivie sujc;x_je co, nfa - .i on use e US of th hig h: c
9
r :ri.SK justif e
.11 1 1 b mia.*ni e Irom an. iconj-c-::sffe w.-hitchrA
:17. to: e
90TV -r�i d o ni.,
-s.
-enW a j- ot e pon
ng
e:.af o... n-tiont; _m r c 0 s n
ei'," g'- n,
ttn, ofth,
a
41. 4�
s from such
nt �ing pro-cedur.-si de t e... P ve jump
-the norm-al 're'view and. pen .it r UISS
ugesc,� d be ler
-jons s: t fbrt e
-.0 fie ..e execution th.m.
RESOLVED, That:, :s.ub ect I t coi b dow a n.-*d --of
C mmon Council
e a n di e th -'ere
MeMoraridum- of Und t. ing b 46 [1 b
Y
:0N1
J...P,
-omemi t f :o Wo t
in O maauozes to s" -y:: to confi. ue n in temporary erices n the t C Y
e
n -.ek) acs d
einue: ac Ca- t.; dflla •Qe'-ek a�and.,:Faflf Cre,
�b..r-juges.,- o: S- t e., . A---..-v' s.: th
nuonlur
"eu
Q-t* i1nd C** met-i.- w
AP^-
a.
0 t
1010'
r th, ieft� t i
b id -:tr by:
t ......
MS. t
.6-
c. s w tn e... es g nrn
D
o. A
rep ace tne ei- xx-tsoung:: cTioim u"nk hiiat On.-n. f
C.
J --ii-D.n.e. zit the y
ga'.-Uge.w1re i gu T
Y
e tv t i r - e.,;, d ta .j th t :manufii%�r RA 2:01 G .-uno, r with :a ���� qu ta to puvoc mpe....1. (b Y
.wh
re) tw new 'mate r -v i e'.
er n ma..nuf -ct nan'[shall p
.tl. e::-J- N,14 tb
-e- ���� -d
ng p.c . :o.,n �:e. des-� a d5
.. . - -j-1 -s- ach bri-d-!
vart y
.:g,e,. a r :presen. ea
It rTner
an-in(la be fil
if
-ion c
'e. MuMn-io. ounc-1 hereby mquires. as c.-ohd"t
V M
te
-,y
Or'a r
.a..tj..-..-t'not...,..,izat'l"on thait. Cornell Un-liver.s. :y �agre-.-e: in.. wwritfing, -t v m . "----ov
rem.-Ilo... e. the
ti, n -any one or-some oflhem-
ridi.
em r
q.. sin ques o r
IX
. ��r°� the-
s irne- --cras.-je,.,- may be-.. �(at Co---rn-e-jllS::--sol expense upon the -:ear.je..., xnur
e
Of . hem y:::a permanent
r j ton p.ro-ec, iewrt r -, mv. i. t. eu da and appmv b- I elli. C
m e-- an, s eztrr ct t a., dul e d! Pe
r..V
y:
ft -
te w. a. -d ''I e pli her
6,�,Juldi: .1 req Uisi`t e.-.- e-.-....nv- ronmenta-a-I
n any ot
witin
ly. 'good: f Rh
An: -
required t-rhe-,�-- City and its: boa-r I e
re.sp-ett to such .r Jews, a r�d
pprp, C-2. nt o �tsa:ppr(
h
U
12) by M6-y; 31. 21
01 f...r ria,ge, no: gobd� fa
r
apn- u-14"Envu- A': tl---tal: As.ses s--me (Pa
dF
me
.. .. .. . ... nt,fom
sedi[ on pro -beeati.-- �b: ftd
permanent. means. restr4d
have SU Mi b
or,
at �a-
ff 11
(3 ay th
wfthin t* irty: 0 dl f - t- s do- - ".4
Y
-n
--th. a
id f a. i
by M y,-31: 20-1-1.) oft a bona fid'
-b-' S*. n i.,e.,. a.
sw- M.I.S.S.-J-0):
.ppic ton
9:00 pa.
or
�o
e.....w. and Full Env-jronmen-tal- As6-- s-essment F
m Pat
the permanen !M
'd
-d -f llied: t.
r i -'-C � TT: Ion: p-r. oj ect Cornell. abat-ndone
pursue . in goo j an
-p an
prones
tmwy m, '8 fmrthe--..-� reviewnrand--c ----1
reasonobf e- t: n� th
on of i.
or:
Wit ..a
and.�any:other
a ome--:.or au of
w
C -app: a I plan:
.0S. rOV.
a Y
a
ei, 'in' �-or:a ftbt
-y A
not n
ut: :-e- -irnna.-nent SM idtion p.r-..j.e--C-*T: r f
P
0
ea Cis. on
t ay-or
T
prqe. n -e d'brt
t
Ut'. m; he..-,.ire:- by aumonzed
Ic -ho C*4* A' S
ED,. Tha-t) Vi -.-Y-o .,u n:�.-the.a.---dvi e-:Oft
����I
th a., r e .P-o t.-
-,nnz -g.:,Suc--,.` terms and
-st in -it
h
n.,. 0, :a� Me-rnbran-dum of U:n:,d e.-.r: ah dl
jnl.n.- t
to t
-h-
dIt"ons-
d' 'Pnal PI
all
C
e.-
t Rwa. e-:tn
. Y - `a: 10 re-solutionAs caff,le.-d out.
M�EMORANDIJM OF UN D: E RSTANDING (".M01"I
.I.
CONCE'R.N-ING
AGR-E-E.M'.E.NT FO.R. R of TEMPOIIick-RY MEAN S `I`RICI'J0-*-NI` ON HIGH
GORGE BRID ("Ji"SIN CITE' (1F ITITACA end
OTHEWMATTERS PE"R"I.AINING TOPREPAR...ikTION f,"(W FUTURE
CONS.I':I)-E:.R:. ATION OF LONG I-.`-E`.R'IN'4 MEANS RE'SiTRICTION
""_.A.'�d,ay of May, 2011,by andbetween the Citv of Ith.aca, a New Yic)rk
MADE the
t (,'Irc4en Stre�et, Ith.i.aca, New 'York-.,
at City Hall, I C)8 Eta:s,
mU,n_*-JcIp-a*I corporattc,.%o�.in, with offices
cm c',c)-ri., orat 1 -1 Day Hall
it p
ftel r v a New York educat-k
(hereima, and Co.r-ncl Un,
.1853 'herei.vi. er
EastAvenue'J".." :e'l.lLj-n.l"vei.-sl*ty,,].-.I,.Iiaca,Ne,. ,k!Y-or';�k aft
W.H.; CREAS, on Augpst 4, 20*10, the Council of City at --e r, uetsia.' f
cor-t"Iefl Una.T*n'mc-,)u-,*h- passed a -rt�,*,solufion. entitled "Peclar. tion of C Eni-, e...rgency and
y
Autho-fiion of *N*e-.-kv and Imp-roved Temponm�y Fences on Gorgge- Bridg, s." ("the Resolution"), a
if s e -t - and
-ed.h mis -tout tv-t lengthl$
col.. er-eto as Exh"Wi. A and.- made rt hereof
S:
amom
WHEIR.--tJ .9 o-ti.h... thi nm---ys th. c RR.e. o4u.-tion.- p dec] that.-
non. C , _ c `
authcmzed Comell (at. its sole cc),st) to replace ga*l.-*.-. v anizeutd. cb.ain. li`nk 1' nees4
A, The Co.. ITIT
is by Comc,-Al, -in Apr.. 20-10., on fib
been -erected un. an emerg-, ur Cc mel_--c wn.
icy bits
,it h-acl
�gorge bn'd, s aM three Citv_owned gorgc bridges, belbre August 2.0 20 10, w' i
new
• rc Rc ).n tti-&
mpiro_ vt;d temiporary f7ences on • salid bridges (w]-j'cl. *placem exit has sh -e OCCUMed)
-& e. un-P en r
ve, im . .•:4%
co...ndaitiion flut. C�orn.efl a w'g to rem-ove th roveed, t, i-porary., fences 'iom some, o
.gr n
afl- or any one of said bridg- as itp -'cable, on the ealiest occu-mence of one, of fb--ur conditions
pli
5 ject of Comet Ill • )ree ent contained
t )n and made the su�:
enu.m.,cratecl at length lin sa'dResolu ic . s a&
')U and
-Into a •Me-moraindum of
-titer
C'ty Atto:rj;I..ev was autho Y. to e
-e M*-a,-,vc).-r. U. e advice of the
B, Th n di
4 A e s ablv
I,--- Comell cf,,).nt.a-rrnng. Sluch tie-rs and cond-a-tons, as she deemed reason
Underst,andiffig w`111
' W app e to pro. tect the linterests of the City ki.,nd to enis-ttm that the ItItent of the
n ecc:sss. arY, a-rl 1. ro,..- pr.ii... at,
uticm was, cm--r ed mit
0
ttOme
or. Alt
R tj Ci
-E] r VOT A
u 0
-i e
1* jr I ed - ---li
'11. U-1--.7-11' I i-tv a,*-----C-t-ft--I--,--Q---: --u-,
C rK j
UA 01,
ei
wi' 4y
x. ove -i - sa ix.
ent m if., e, jMprov em orary
t -P --f-ba-acee ----s: -sa-- t Ided
Cft;vi a,
w-h
C T.
I., A K
re p- zr-" T r e. VIC.". 1-n-tem
C, -1 -rF... app
•
....:Y.. to: addi ss rc* Ably n a
5-Y
J. ;-um -di f -ithe R U.-ti-0-11 i
C ens, the int o w I .
fix fl' Is
-C . -e - : de::'s:'.r.:e bc-
I R` AS Pa .r
'd
p
an
y
f t] 1w C
A
.... .. T2 PC
'ail
futtii- c owdenit-,
I 'PIAC'Ypaw 4'ar,
an tx".): Sthtc.J.' d
:C
r L
P
..*.. ... - Y,
C'M
e
ftl- C4 • he
to re e al L, 'N
N
�`brid d
res. rf
`Ct 0
e. e
I Cit e - :e
,.I jL
e
-1, N." O.N.'N": :`III.-]-*.` R ep.. eg:, as TCI Ows:,*:
,A- .EE.� E 101*E-'M., TEM
RR. ' 'e- F-`E
"E"
,CR.,N -1-� P( AN
*W . I.
It
-mo-v at -Co
e now n
�e Im
me
A, P
Ste-vvart.- Avenue
I,-).ridg
Q
.13P
e. por es, fr-o-I t x to
b*,a]): y Ze
e
i4a, ci:4�-kr.
1- r
pension. . n- v rF
an
e, o.-v c<,..r- 'FA.-J-1 C B k
r *a a.fi- a 0 e.
a
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e -Je auxi-a Foot
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e
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stanh-e:- N. Brn.d
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as:.. C � d- C.
A en,
•
UP011. a
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thiftv (30)d -c A.,not-i-v t
ft to* IR0. t'lie--c
-ca.40:0 .0
bycl uy a i p
i:-- -u 31. 2, -1 1003 pp
4._ b N t
T, eis.r.t.-C
"MI tITIS
.0 --n P-31
nt As, ez,-:17zs.
Me
a p . - . n:
t ur S
ue i gc. .
an
R. d
a c -o n abando T c p n ()(u : d ,,
klun-
n. .:of* d s... te ot-
:a
A d )nx
e
-timely manner he pm.c. Ss. r Y
h
w-. J.
0
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sue said-:!J
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ti- Mon- or -ia• e
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ve Comel ..Jt-.Nv to re--,fs, �,nrtt alt-I-N
:. ex- pI �J.tu on. t --ie
to t )pportu
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-S
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V. a' vva.--d t ra
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