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HomeMy WebLinkAbout11-14-16 Board of Public Works Meeting AgendaDATE: November 14, 2016 BPW Meeting TIME: 4:45 pm LOCATION: 3rd Floor, ,. Board Of Public Works City Hall, Council Chambers 108 E. Green St., Ithaca AGENDA Time Topic Voting? Presenter(s) Allowed 1. Call to Order/Agenda Review No Mayor Myrick 5 min. 2. Mayor's Communications 3. Communications and Hearings from Persons Before the Board 4. Response to the Public 5. Administration & Communications A. Approval of Minutes 1. May 11, 2015 2. October 24, 2016 6. New Project Presentation 7. Reports A. Special Committees of the Board B. Council Liaison C. Board Liaisons D. Superintendent and Staff 8. Buildings, Properties, Refuse & Transit 9. Highways, Streets & Sidewalks 10. Parking & Traffic A. 2017 Parking Rates - Resolution No Mayor Myrick No Public 5-15 min. No Commissioners Yes Mayor Myrick 5 min. No Various 15 min. City staff recommend that parking permit prices for the Seneca Garage and the Green Garage become the same so the permits can be used in either garage. 11. Creeks, Bridges & Parks 12. Water & Sewer A. 2017 Water and Sewer Rates — Resolution Yes Asst. Supt. Whitney 5 min. The budget for 2097 has been adopted by Common Council. We now need to approve the rate increases for water and sewer services. B. 312 Fourth Street Discolored Water Refund — Yes Asst. Supt. Whitney 5 min. Resolution Per the Board's discussion, the enclosed resolution is provided for your consideration. C. 201 Clinton Street Water Service Installation Yes Asst. Supt. Whitney 5 min. Billing Adjustment —Resolution This appeal was discussed by the Board on August 22, 2016. 13. Discussion Items A. Request for Reserved Parking Spaces in Green No Dir. of Parking Nagy 15 min. Street Garage from Miller Mayer, LLP Miller Mayer, LLP, is requesting permission to have two reserved parking spaces in the Green Garage for their customers and clients. 4 Proposed Children's Garden Voti No Supt. Thorne Time Allowed 15 min. The Ithaca Children's Garden is requesting permission to install a new sign on their leased property next to Route 89/Taughannock Blvd. They have been awarded a tourism grant and received private donations for this project. C. Request to Install Telecommunication Conduit No Supt. Thorne 10 min. within the Commons Telecommunication System Space — Proposed Resolution Ithaca Renting has submitted a request to utilize the conduit under the Commons. Enclosed is the application and proposed resolution. 14. New Business No 15. Adjournment Yes Page 2 10A. 2017 Parking Rates -Resolution WHEREAS, the Board of Public Works has considered the proposed 2017 rates for municipal parking facilities in order to meet the adopted 2017 budget revenue projection, and WHEREAS, the following chart contains the entire rate structure for all rates within the City for 2017, and RESOLVED, That the Board of Public Works hereby adopts the proposed 2017 parking rates as follows in the attached table; and, be it further, RESOLVED, That all rates shall go into effect January 1, 2017, and shall remain until the Board of Public Works directs otherwise. Monthly Permits Actual 2016 Rates Effective 1/1/16 Proposed 2017 Rates Effective 1/1/17 Amount Changed Seneca Garage, Day and Night All Levels, Full Access $85.00/mo $96.00/mo 13% increase All Levels, Full Access 24/7 $96.00/mo $96.00/mo No Change- han eContract 0.81 increase CPI Contractwith Hotel' $56.00/mo $56.00/mo No Change 12% Increase Contract with Cascade Plaza, LLC $96.00/mo $96.00/mo No Change 12% Increase Worker's Special (M -F/10 hrs/day, 210 hrs/mo) $78.00/mo $78.00/mo No Change 12% Increase Part time Special 24/7, 105 hrs/mo $67.00/mo $67.00/mo No Change 21% Increase Overnight Only Special 5 m-8am $46.00/mo $46.00/mo No Change Primo Part time Special (24/7, 68 hrs/mo) $42.00/mo I $46.00/mo 9.5% increase Green Street Garage, Day and Night All Levels, including long-term storage $67.00/mo All Levels, Full Access $85.00/mo $96.00/mo 13% increase Contract with Ciminelli2 $54.32/mo $54.75/ mo 0.81 increase CPI $52.98/mo Worker's Special (M -F/10 hrs/day, 210 hrs/mo) $69.50/ mo $78.00/mo 12% Increase $67.00/ mo 1 Part time Special 24/7, 105 hrs/mo $60.00/ mo $67.00/mo 12% Increase $123.00/mo I Overnight Only Special 5pm-8am $41.00/ mo $46.00/mo 12% Increase Primo Part time Special (24/7, 68 hrs/mo) $38.00/mo $46.00/mo 1 21% Increase Ca u a Street Garage, Day and Night before sales tax All Levels, including long-term storage $67.00/mo $69.00/mo 3% increase Worker's Special (M -F/10 hrs/day, 210 hrs/mo) $56.00/mo New option Contract Cornell Rate $52.98/mo $53.40/mo 0.81% increase CPI Contract with Count (Library)3 $67.00/ mo 1 $67.00/ mo I No Change Premium Area Rates I $123.00/mo I $123.00/mo I No Chan e Page 3 D den Road Garage Proposed Proposed 2017 Rates Effective 1/1/17 2016 Rates 2017 Rates Full Access 24/7 $159.00/mo $164.00/mo July 1, 2017 3% increase Weekly Rates 1/1/16 Worker's Special 210 hrs/mo $129.00/mo $133.00/mo 3% Increase No Change Part time Special 24/7, 105 hrs/mo $70.00/mo $72.00/mo 3% Increase $51.00 Overnight Only Special (M-F/6pm-9am/ Free Weekends) $129.00/mo $133.00/mo 3% Increase Primo Part time Special (24/7, 68 hrs/mo) $46.00/mo I $47.00/mo 1 2% Increase Other Non -Meter Permit Parkin Contract with County (DSS)3 I $50.00/mo I $51.00/mo 1 2% increase Actual Proposed Proposed 2017 Rates Effective 1/1/17 2016 Rates 2017 Rates Effective Effective Amount Weekly Rates 1/1/16 1/1/17 Changed Seneca Garage, Day and Night $30.00 $30.00 No Change Green Street Garage, Day and Night $28.00 $30.00 7% Increase Dryden Road Garage, 24 !-lours $50.00 $51.00 2% Increase Hourly Rates5 Actual 2016 Rates Effective 1/1/16 Proposed 2017 Rates Effective 1/1/17 Amount Changed Seneca, Green, Cayuga Street Gara ess Per hour $1/hour $1/hour No Change Maximum $7/day $7/day No Change Dryden Road Garage 0-24 $1/hour $1/hour No Change Maximum $15/da $15/day No Change Bulk Purchase: Garage Tokens or Tracer Tickets $26.00/ 40 hours $26.00/ 40 hours No Change Special Event Rate weekend day entrance fee, 24 hour parkin limit Downtown garages $5 $5 No Change Parkin Meters and Pay and Display Surface Lot: Green Street Gara e7 $2.25/hour No max. $2.25/hour No max. Demand Parking Rates Downtown (begin As Pay Machines are installed) $1.50/hr 2 hr. max. $1.50/hr 2 hr. max. Demand Parking Rates Collegetown (begins as pay machines are Installed) $1.50/hr 2 hr. max. $1.50/hr 2 hr. max. Demand Parking Rates Page 4 Foot Notes 1 — Volume discount rate for 104 spaces — see contract dated June 6, 2006. Rate adjustment annually on 8/1 based on average increase in other rates, but not more than 3% 2 — Up to 40 permits in Seneca Street Garage at posted rate (except handicap permits, are at special Cayuga Garage rate); up to 100 permits in Green Street Garage, up to 150 permits in Cayuga Street Garage, total not to exceed 250 permits. Right to purchase additional 150 permits at posted rates — see contract dated June 6, 2006. Rate to change for first 250 permits after August 1, 2007, "from time to time" based on percentage change in the CPI between adjustment dates. The percentage change in the CPI from August 2014 to August 2015 was 0.6%. 3 — The County's Mental Health/Library agreement for 100 spaces in Green Street Garage (and/or Lot D) has expired. The Board of Public Works agreed to transition the rate charged to County employees to the full market rate over a period of five years. The rate for 2015 is100% of the market rate. County's DSS agreement for 20 spaces on West State Street (in "Fire Station lot") expires December 31, 2016 (needs to be negotiated). 4 — The Dryden Road garage permits for only day use or only night use were discontinued in 2011, and replaced with a monthly permit valid for up to 250 hours of parking. In order to keep consistency between the garages we will discontinue the 250 hours permit and keep the 210 hour permit at all three city locations. 5 — Fees charged: Downtown garages, 3:00 a.m. to 8:00 p.m., Monday through Friday: Dryden Road garage and Green Street Surface Lot, 24 hours / 7 days. 6 — The City has an agreement with TC3 that allows TC3 to issue passes for students, clients, and customers, for which the City charges TC3 88 percent of posted rates for the accumulated parking fees. 7 — In 2011, the pay station for the Green Street Surface Lot was put on line, and the hourly rate increased to $2 per hour. There has been no increase in 5 years. 8 — Increase in Garage weekly rate is to discourage people buying 4 weeks would be less than a month rate. 9 — In order to use Demand Parking Rates, the Director of Parking needs authorization to raise or lower on -street parking rates based upon 85%+- block occupancy. This should also be monitored by the Superintendent of Public Works. Page 5 Actual 2016 Proposed Rates 2017 Rates Effective Effective Amount Hourly Rates5 1/1/16 1/1/17 1 Changed Thurston & Stewart Ave. & Edgemoor $0.75/hr $0.75/hr Demand (begins as pay machines are installedL 9 hr. max. 9 hr. max. Parking Rates Foot Notes 1 — Volume discount rate for 104 spaces — see contract dated June 6, 2006. Rate adjustment annually on 8/1 based on average increase in other rates, but not more than 3% 2 — Up to 40 permits in Seneca Street Garage at posted rate (except handicap permits, are at special Cayuga Garage rate); up to 100 permits in Green Street Garage, up to 150 permits in Cayuga Street Garage, total not to exceed 250 permits. Right to purchase additional 150 permits at posted rates — see contract dated June 6, 2006. Rate to change for first 250 permits after August 1, 2007, "from time to time" based on percentage change in the CPI between adjustment dates. The percentage change in the CPI from August 2014 to August 2015 was 0.6%. 3 — The County's Mental Health/Library agreement for 100 spaces in Green Street Garage (and/or Lot D) has expired. The Board of Public Works agreed to transition the rate charged to County employees to the full market rate over a period of five years. The rate for 2015 is100% of the market rate. County's DSS agreement for 20 spaces on West State Street (in "Fire Station lot") expires December 31, 2016 (needs to be negotiated). 4 — The Dryden Road garage permits for only day use or only night use were discontinued in 2011, and replaced with a monthly permit valid for up to 250 hours of parking. In order to keep consistency between the garages we will discontinue the 250 hours permit and keep the 210 hour permit at all three city locations. 5 — Fees charged: Downtown garages, 3:00 a.m. to 8:00 p.m., Monday through Friday: Dryden Road garage and Green Street Surface Lot, 24 hours / 7 days. 6 — The City has an agreement with TC3 that allows TC3 to issue passes for students, clients, and customers, for which the City charges TC3 88 percent of posted rates for the accumulated parking fees. 7 — In 2011, the pay station for the Green Street Surface Lot was put on line, and the hourly rate increased to $2 per hour. There has been no increase in 5 years. 8 — Increase in Garage weekly rate is to discourage people buying 4 weeks would be less than a month rate. 9 — In order to use Demand Parking Rates, the Director of Parking needs authorization to raise or lower on -street parking rates based upon 85%+- block occupancy. This should also be monitored by the Superintendent of Public Works. Page 5 12A. 2017 Water and Sewer Rates — Resolution WHEREAS, in accordance with City Charter, the Board of Public Works has the authority to set water and sewer rates, and WHEREAS, staff has provided water and sewer usage projections for 2017, now therefore be it RESOLVED, That the Board of Public Works adopts the following water and sewer rates and fees starting for bills due on or after January 1, 2017, and the rates are effective until changed: Basic Rates (per 100 cubic feet): Existing 2016 2017 Water $6.01 $6.43 Sewer $5.69 $5.80 Minimum Billing (per quarter year) METER SIZE CU FT ALLOWED WATER SEWER TOTAL Small 1,200 $77.16 $69.60 $146.76 1" 3,200 $205.76 $185.60 $391.36 1.5" 5,500 $353.65 $319.00 $672.65 2" 11,200 $720.16 $649.60 $1,369.76 3" 16,000 $1,028.80 $928.00 $1,956.80 4" 24,100 $1,549.63 $1,397.80 $2,947.43 6" 42,100 $2,707.03 $2,441.80 $5,148.83 Other Services • Unmetered sprinkler service: $12 per inch diameter per quarter • Metered water for circuses, carnivals contractors, etc., through suitable connection at hydrant installed by Water and Sewer: charged by use, with minimum bill of $200 per day for the first 7 days and $50 per day thereafter. • Bulk Water for street sweepers, tank trucks, spray rigs, etc., available at the Water building: $100 per load up to 500 gallons, and $25 per thousand over 500 gallons. • Meter removal, meter resetting, turning water off, or turning water on at curb stop: $40 per event. • Residential Meter Testing: $75 if meter is found to be within industry tolerances; no charge if out of tolerance. • Replacement of frosted or damaged residential meter: O During business hours — cost of the meter plus $50 O After hours without a call-in — cost of the meter plus $125 O After hours with a call-in — cost of the meter plus $220 Page 6 • Replace damaged AMR meter head, caused by owner/occupant negligence: cost of new meter plus $60. • Special meter reading with corresponding bill: $45 per special read. • Data Logs: the first obtainable data log is free, delivered electronically in a PDF format. Paper copies will be printed upon request at the cost of duplication. All additional data logs shall be charged at $45 each delivered electronically. If a City issue is found as a result of a data log, there shall be no charge. • All other special services: To be billed at cost (including overhead) with supporting bill documentation. Page 7 1213. 312 Fourth Street Discolored Water Refund — Resolution WHEREAS, during the time frame from late -June through mid-August 2016 there were at least four days when the water supplied from the City of Ithaca's production and distribution systems to the Ithaca Ice Company at 312 Fourth Street was extremely discolored, resulting in an unusable ice product along with additional equipment cleaning and maintenance issues, and WHEREAS, the Ithaca Ice Company has process filtration and settling equipment designed to address periodic water quality issues typical of a century old distribution system, however the dissolved colors imparted to the water on occasions this summer were more like a dark tea which cannot be addressed by any filtration system, and WHEREAS, the discolored water supplied and subsequently the discolored ice produced resulted in the need for Ithaca Ice to purchase additional ice from a third party as well as perform additional cleaning and maintenance of their equipment, etc., and WHEREAS, as directed by the BPW the Assistant Superintendent for the City of Ithaca DPW Water & Sewer Division along with Engineering and Meter Technician Staff met with Henry Newman Owner of Ithaca Ice on September 29, 2016 to review the costs his business incurred associated with the discolored water as outlined in Mr. Newman's letter of September 14, 2016, presented to the Board of Public Works for discussion on September 26, 2016, and WHEREAS, upon review by Department of Public Works Staff, Mr. Newman's estimate of $2,030 in costs to his business associated with the discolored water was found quite reasonable and more likely than not lower than actual costs, now therefore be it RESOLVED, That the $2,030 in costs to the Ithaca Ice Company be refunded by a credit of $2,030 applied to the Ithaca Ice Company's City of Ithaca Water Account, Account Number: 391300001. Page 8 12C. 201 Clinton Street Water Service Installation Billing Adjustment — Proposed Resolution WHEREAS, on September 21-22, 2015 the Water and Sewer Division of the City of Ithaca DPW replaced the water and sewer services at the request of the Owner of 201 Clinton Street noting to them prior to that the time that there would not be costs associated with street restoration with the resurfacing of Clinton Street being previously scheduled to happen within the month, and WHEREAS, an $800.00 charge for the street patch was included on the bill, now therefore be it RESOLVED, That the $800.00 charge for street patch be removed and the total bill be reduced by $800.00. Adjustment to be applied to City of Ithaca billing (invoice #18705) for the installation of the new water and sewer services in the street. OR ALTERNATELY RESOLVED, That the $800.00 charge for street patch be removed and the total bill be reduced by $800.00 plus a further reduction of the bill by the portion of interest and penalty attributable to $800.00 of the bill through August 9, 2016. And, no interest or penalty be applied to the balance from August 9, 2016 to 30 -days after BPW resolution regarding account. Adjustment to be applied to City of Ithaca billing (invoice #18705) for the installation of the new water and sewer services in the street. Page 9 RE: 201 Clinton Street Utility Installation RE: 201 Clinton Street Utility Installation Erik Whitney Sent: Monday, September 12, 2016 3:52 PM To: Kathy Servoss; Deborah Whitney; JoAnne Phillips Cc: Michael Thome Categories: BPW Attachments:Proposed Resolution 201 Cl—I.doc (26 KB) Kathy, One for on the floor this afternoon. I forgot it last week. erik From: Kathy Servoss Sent: Tuesday, August 16, 2016 3:58 PM To: Erik Whitney; Deborah Whitney; JoAnne Phillips Cc: Michael Thorne Subject: RE: 201 Clinton Street Utility Installation https://mail.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=RgA... Erik is correct. The owner came up to my office the day he paid $1,000 on the bill. That was the first I'd heard about the complaint. This is on the agenda for BPW on Aug. 22nd for discussion. Final decision could be made as early as Monday, September 12th. - Kathy Servoss Executive Assistant Supt. of Public Works, Engineering, & Parking City of Ithaca 108 E. Green St. Ithaca, NY 14850 607-274-6527 From: Erik Whitney Sent: Tuesday, August 16, 2016 2:32 PM To: Deborah Whitney; JoAnne Phillips Cc: Kathy Servoss; Michael Thorne Subject: RE: 201 Clinton Street Utility Installation Deb, Yes, the bill was sent out December 11 2015 and he says he naid $1,000.00 of it on August 9 2016. The BPW may or not waive the interest penalty. Erik Whitney, PE Assistant Superintendent City of Ithaca DPW Water & Sewer Division 510 First Street, Ithaca NY 14850 O: (607) 272-1717 C. (607) 280-1041 1 of 4 10/11/2016 4.21 PM RE: 201 Clinton Street Utility Installation From: Deborah Whitney Sent: Tuesday, August 16, 2016 2:12 PM To: JoAnne Phillips Cc: Erik Whitney; Kathy Servoss; Michael Thorne Subject: RE: 201 Clinton Street Utility Installation https://mail.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=RgA... I'm not sure when the resident first reached out to the City but it seems there might have been a late fee when he did. Am I concluding correctly, that this will go before the Board? Kathy if so when? We will make adjustments on the bill when a Board decision has been made. Deborah Whitney City Chamberlain 108 E Green St. Ithaca, NY 14850 dwhitney@cityofithaca.org Ph: (607) 274-6583 Fax: (607) 272-7348 "tksaW s nota brave sbvggb' or 'courage t? the face of adversty. I O&abO s an art Its an ngenbus way to Nei MaMa (Actor and 1AYW jht; central Agureb the deveb went of d&aMy allure) From: JoAnne Phillips Sent: Tuesday, August 16, 2016 1:52 PM To: Deborah Whitney Ce: Erik Whitney Subject: FW: 201 Clinton Street Utility Installation Debbie - This is the one that I wrote you about the other day. Invoice 00021391 originally for $4,957.75 dated 12/11/15 You checked on it and said that the initial $200.00 credit had been applied back in February. Is this all you need to put through a credit of $600.00 more? Thanks, Joanne Erik - do you want a copy for the Board? From: Kathy Servoss Sent: Tuesday, August 16, 2016 12:43 PM To: Erik Whitney Cc: JoAnne Phillips; Michael Thorne; Deborah Whitney Subject: RE: 201 Clinton Street Utility Installation Thank you very much! 2 of 4 10/31/2016 423 PM RE: 201 Clinton Street Utility Installation - Kathy Servoss Executive Assistant Supt. of Public Works, Engineering, & Parking City of Ithaca 108 E. Green St. Ithaca, NY 14850 607-274-6527 From: Erik Whitney Sent: Tuesday, August 16, 2016 12:35 PM To: Kathy Servoss Cc: JoAnne Phillips; Michael Thorne; Deborah Whitney Subject: RE: 201 Clinton Street Utility Installation Hello Kathy, https://mail.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=RgA... Mr Boggs is right on. He should not have been charged for street patch as street was being paved subsequent to the water & sewer work anyhow. George Seeley, Water & Sewer Operations Supervisor remembers talking with him and telling him that this was the time to replace his old services as he would save the cost of the pavement repair since the street was scheduled to be paved very soon afterwards. I would recommend to the Board of Public Works that the bill be reduced in the amount of $800.00, zeroing out the street patch line. Certainly the late payment interest should also be reduced proportionally for the ($800.00) adjustment of the bill. Regards, Erik Whitney, PE Assistant Superintendent City of Ithaca DPW Water & Sewer Division 590 First Street, Ithaca NY 14850 0:(607) 272-1717 C: (607) 280-1041 From: Kathy Servoss Sent: Tuesday, August 16, 2016 9:34 AM To: Erik Whitney Subject: FIN: 201 Clinton Street Utility Installation Hi Erik, This is an appeal of a water service bill that was sent in last week. Please ask staff to provide any backup documentation and a recommendation. I'd like to put it before BPW on Sept. 12th. Thanks, - Kathy Servoss Executive Assistant Supt. of Public Works, Engineering, & Parking 3 of 4 10/31/2016 4:23 PM RE: 201 Clinton Street Utility Installation City of Ithaca 108 E. Green St. Ithaca, NY 14850 607-274-6527 From: Zachary Boggs [zboggs5@gmail.com] Sent: Tuesday, August 09, 2016 12:26 PM To: Kathy Servoss Subject: 201 Clinton Street Utility Installation Dear Board of Public Works, Attn: Kathrin Servoss https://mail.cityofithaea.org/owa/?ae=Item&t=IPM.Note&id=RgA... We requested water and sewer to be installed for our garage at 201 W.Clinton Street for a small apartment unit late last fall. When we found out Clinton Street was going to be repaved we raced to have the work done as we were told that it would be a cost savings to have the work done while the city was mobilized and working on the street and if we could do the work before it was paved. The timing worked out perfectly, however when we received our bill for $4,957.75 it did not reflect a discount. We may not have requested for the work to be done if we would have known it would be this amount. I spoke with Johann with billing and she contacted Mr. Seally who authorized only a $200 discount. I have since received a statement that did not reflect the $200 discount or any interest accrued on our statement. I went to the Chamberlains office to pay a portion of the bill when they told me that there has been interest accruing in the amount of $333.04. I was not aware that interest was accruing during the time while I was trying to resolve the bill. A payment of $1,000 was made on 8/9/16. I would appreciate a reasonable discount as the City had already been working on the street and repaving in that area. And I would like to request that the interest be removed for the time period that I was trying to resolve the bill. Please see statement attached. Thank you for the consideration, Zac Boggs Zac Boggs, ASLA Landscape Architect / Urban Designer zboggs5ARmail.com 303.523.2323 4 of 4 10/31/2016 4:23 PM MILLER MAYER., ATTORNEYS AT LAW September 12, 2016 VIA EMAIL Mr. Frank Nagy Director of Parking City of Ithaca Ithaca, NY 14850 FNa,gv@citvofithaca.org Re: Miller Mayer Parking Green Street Parking Garage Dear Frank, HAYDEN R. BRAINARD, JR. PARTNER hrb@millermayer.com Per our recent discussions, we would like to reserve 2 parking spaces for Miller Mayer at a cost of $150/space per month ($300/month total, billable on the first of each month in advance) in the Green Street Parking Garage. We would prefer that these spaces are adjacent to our entrance. This rental will begin October 1, 2016, or as soon as your approval process will allow. We will come up with a ID tag that visitors can use when they park in our spots, and we will run the ID tag by you for approval. We will monitor these parking spots for compliance. We have attached a draft rental agreement for your reference. Please let us know if you need anything else form us. Thank you. Kind regards, Hayden R. Brainard P.O. Box 6435 I Ithaca, New York 14851-6435 1607.273-4200 tel 607.272.6694 fax I www.mitiermayer.com MILLER MAYER-,0. ATTORNEYS AT LAW October 19. 2016 VIA EMAIL Mr. Frank Nagy Director of Parking City of Ithaca 108 E. Green St. Ithaca, NY 14850 FNagy@citvofithaca.org Re: Miller Mayer Parking Green Street Parking Garage Dear Frank, HAYDEN R. BRAINARD, JR. PARTNER hrb@millermayer.com Thanks for stopping by to discuss this matter. Per our discussion, we have revised our proposed Parking Space Rental Agreement to make clear that our proposed exclusive use of 2 parking spaces adjacent to our entrance would be limited to regular business hours (9am-5pm, Monday through Friday). We would like to reserve 2 spaces during these times for Miller Mayer at a cost of $150/space per month ($300/month total, billable on the first of each month in advance) in the Green Street Parking Garage. This rental will begin November 1, 2016, or as soon as your approval process will allow. We will come up with a ID tag that visitors can use when they park in our spots, and we will run the ID tag by you for approval. We will monitor these parking spots for compliance. We have attached a revised draft rental agreement per our discussion. Please let us know if you need anything else form us. Thank you. Kind regards, Hayden R. Brainard RO- Box 6435 1 Ithaca, New York 14851-6435 607.273.4200 tel 1607.272.6694 fax I www_millermayer.com PARKING RENTAL AGREEMENT This Rental Agreement ("Agreement") is entered into and effective as of November 1, 2016 by and between Miller Mayer, LLP ("Lessee") of 215 E. State Street, Suite 200, Ithaca, NY 14850, and the City of Ithaca of 108 E. Green Street, 11t Floor, Ithaca NY 14850 ("Lessor"), for the purpose of granting Lessee the exclusive right to use two (2) designated parking spaces (# and #___, shown on the map attached as Exhibit A) ("Parking Spaces") in the municipal parking garage on Green Street, in Ithaca, NY ("Green Street Garage") on the terms and conditions set forth below. 1. EXCLUSIVE LEASE. Lessor hereby grants to Lessee the exclusive right to use and control of the Parking Spaces for the purpose of parking automobiles belonging to Lessee, its owners, employees, agents and invitees, between the hours of 9am and 5 pm, Monday through Friday, for the duration of this Agreement. Lessee hereby acknowledges and agrees that the Parking Spaces shall be open to public use at all other times. 2. RENT. Monthly rent in the amount of $150 per Parking Space, $300 total, will be due and payable to Lessor monthly in advance. Rent due for any partial month shall be prorated to the number of days lapsed prior to the effective date of termination of this Agreement. Checks shall be made payable to and delivered to City Chamberlain, 108 E. Green Street, 11 Floor, Ithaca NY 14850. 3. TERMINATION. This Agreement shall remain in effect for a term of 12 months. Lessor may terminate this Agreement sooner upon Lessee's failure to pay amounts owed hereunder, written notice of such overdue amounts, and failure of Lessee to pay such overdue amounts within thirty (30) days of such written notice. Lessee may terminate this Agreement upon written notice to Lessor. 4. ASSIGNMENT. Lessee shall have the right, without the consent of Lessor, to transfer, assign or sublease its interest in and to this Agreement and the Parking Spaces to any new tenant of 215 E. State Street, Suite 200, upon termination of Lessee's current lease for such space or conveyance of Lessee's interest in such lease, or to any other tenant of the building known as 215 E. State Street, provided such transfers, assignments or subleases shall be on the same terms provided hereunder. Lessee shall notify Lessor of any such transfer within 10 business days. Lessor shall have the right to assign this Agreement at any time, in Lessor's sole and absolute discretion, including without limitation, to make an assignment of this and related agreements as collateral for the benefit of any lender as long as the assignee agrees to be bound by its terms. 5. ALTERATIONS; COMPLIANCE. Lessee shall not alter or modify the Parking Spaces in any manner. Lessee shall conform its use of the Parking Spaces to and with all applicable laws, ordinances and codes presently in force or hereafter modified, imposed or enacted and all parking rules and regulations promulgated from time to time by Lessor. Lessor shall not alter the size or restrict use of the Parking Spaces or move the Parking Spaces without consent of Lessee, which consent may be unreasonably withheld. 6. EFFECT OF TERMINATION AND SURRENDER OF PROPERTY. Upon termination of this Agreement, possession of the Parking Space, and all keys, access cards and/or other items and means of access issued to Lessee which relate to the Garage or the Parking Space shall be surrendered to the Lessor and all rights and all privileges granted herein to Lessee shall immediately terminate and be of no further effect unless otherwise provided herein. 7. ENTIRE AGREEMENT. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiations, understandings and representations (if any) made by and between such parties. This Agreement may not be modified except in a writing signed by both parties. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective administrators, executors, legal representatives, heirs, successors and permitted assigns. 8. NOTICES. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, addressed to the parties as set forth above. Each such notice shall be deemed delivered: (a) on the date delivered if by personal delivery, (b) on the date telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer back if by telex, and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 9. SEVERABILITY. If any part of this Agreement or any other agreement entered into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. 10. WAIVERS. The failure or delay of any party at any time to require performance by another party of any provision of this Agreement, even if known, shall not affect the right of such party to require performance of that provision or to exercise any right, power or remedy hereunder, and any waiver by any party of any breach of any provision of this Agreement should not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in any case shall, of itself, entitle such party to any other or further notice or demand in similar or other circumstances. 11. SPECIFIC PERFORMANCE. Each of the parties acknowledges that the parties will be irreparably damaged (and damages at law would be an inadequate remedy) if this Agreement is not specifically enforced. Therefore, in the event of a breach or threatened breach by either party of any provision of this Agreement, then the other party shall be entitled, in addition to all other rights or remedies, to injunctions restraining such breach, without being required to show any actual damage or to post any bond or other security, to a decree for specific performance of the provisions of this Agreement. 12. ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party may be entitled. 13. REMEDIES CUMULATIVE. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and year first above written. LESSOR LESSEE City of Ithaca Miller Mayer, LLP By: Name: Title: Duly Authorized Parking Space No. By: Name: Title: Duly Authorized EXHIBIT A MAP OF PARKING SPACES Ithaca Children's Garden Route 89 sign Ithaca Children's Garden Route 89 sign Erin Marteal[erin@ithacachildrensgarden.org] https://mail.cityofithaca.org/owa/?ae=Item&t--IPM.Note&id=RgA Sent: Tuesday, November 08, 2016 12:01 PM To: Kathy Servoss Categories: BPW Attachments:ICG_Sign sketchV6.pdf (1 MB) ; Ithaca Childrens Garden SO—I.pdf (182 KB) Dear Kathy, Attached, please find the latest drawings for Ithaca Children's Garden's proposed Rt 89 sign along with engineering drawings, generously provided by Taitem. It is my hope we can get this on the Nov 14 BPW agenda. This project has been a long time in the design and development phase, slowly working through permissions over the course of the last 12 months. We have worked with DOT to identify setbacks and the position of the proposed sign falls within NYSEG jurisdiction; we have worked with NY SEG and the adjusted position reflects compliances with all dimensions and setbacks. As far as we understand, the one remaining permission to be received is that of BPW. We were recently awarded a Tompkins County Tourism grant to fund this important project and along with funding from a private donor, have all the funds we need to begin construction. The new sign will provide critical recognition of Ithaca Children's Garden, visible to north and southbound traffic, and will do so in a way that does not obstruct visibility which was a critical problem of lower -profile designs. The design has been developed by ICG's interpretation committee, chaired by Sarah Fiorello, Interpretations Director of Cornell Botanic Gardens, and staffed by Todd Edmons, Creative Director and Founder of Iron Design and ICG personnel. The interpretation committee rolled out an interpretive master plan which was approved by its umbrella committee, ICG's site committee, which reports to the board. The project has been approved at all levels through its multiple iterations. We believe the aesthetic character and quality of the materials will reflect well on Ithaca. We will be working with local suppliers and craftsmen to build the sign. As a cultural institution that draws 54,000+ visitors each year, Ithaca Children's Garden and partners believe that recognition signage is the natural next step to identifying ICG as the destination it has become over the past 17 years. Given our short season of construction and installation, we aim to build the sign this winter off site and install at first thaw in spring. To do so we need to begin construction in the next 30 days. Thank you for your consideration. Erin Erin Marteal Executive Director 1 of 2 11 /0i101 4 ')•)u prT Ithaca Children's Garden Route 89 sign ql U46,44 https://mail.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=RgA... Office: 1001 W. Seneca St. Suite 101 1 Ithaca, NY 14850 l 607-319-4203 1 www.ithacachildrensaarden.ora Garden: Cass Park, Rt. 89 (Taughannock Blvd) Ithaca, NY 2 of 2 11/9/2016 2:28 PM Ile m L' I A".1 J. W, PAR IJ Vm� Vlvtm w_ I A".1 J. ICG Entrance Sign Tower V2.5 r::j "'�:._ '.. , .� +' • n, ten,.Aell .X �•= - ��•e� in�`��.�x-�'�- ^•-�"';:i^-:�:a• ` :tib-;.- ..� �; ��'�.�se� _-Y,-�7..i5`: ?,r: �•:.iC'� r f i •t'�� , . rw :� r ,�: ; �' -� •ter 4 IV �I4 ICG Entrance Sign Tower V2.5 t � 5 Mk1r !R 'fi r IIAO 4 f r -•-•'., it's, rye=sq� i�''`�,,, s i• I --' E'a1� �� END IN 'SHO DDE P C'f PA ti }� '"'A ­r 44+%;" w Xsr T 2.yL •..'•�-w _ "•, ENC Cir hTa P;l1£i4:h1 iC AT of �?Zq0' fir) �?33s - I�`°"'# .,,,• ,� _ � -- 1*A ! s S1 A!I . 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Request to Install Telecommunication Conduit within the Commons Telecommunication System Space — Proposed Resolution WHEREAS, as part of the Commons Project, the City installed a comprehensive structure to facilitate installation of telecommunications equipment by multiple providers; and WHEREAS, Ithaca Renting Company (hereafter, "Applicant") has submitted a request to occupy conduit space in the new telecommunication conduit system installed as part of the Commons rebuild project; and WHEREAS, Applicant has requested permission to place fiber optic cable and associated splice cases within the Commons telecom space as shown in the diagram attached here as Exhibit A; and WHEREAS, City staff is supportive of this use of the Commons' telecom system space and on October 26, 2015, the Board of Public of Works set a base license fee schedule; and WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public works uses or needs, now therefore be it RESOLVED, The Board of Public Works hereby grants Applicant permission to install fiber optic cable and associated splice cases subject to the following: 1) Applicant shall provide bonding or other sufficient security in an amount that the Superintendent deems appropriate to compensate the City for damage to its property during the course of installation and in the event the City must effect removal of the equipment 2) Applicant shall submit its final installation plan for Superintendent of Public Works' prior to installation 3) Applicant agrees to, and shall execute an agreement with the City for continued use of the telecom system space as authorized by Board of Public Works. Page 10 a--+ WE cr (1) cc V c E J O U � O v1 O E O E O `L V aA � J- 1 cc m U sv +� a O O O 00 4- W kD u1 0 O 0 4: qt 00 0 N W LA 4 lD a1 4 4 N cnM M r� O 06 N N V� rl cM M N 4A. %--I N N co 00 00 00 00 00 00 00 00 00 An Vn 'V'E V). AA. V). V). V} V). M Ln q�t N LA M 00 I� Ln r -I r -I r -I N rl r -I Lf1 N M q;t L11 2 2 2 2 2 2 2 2 2 rl N M I;t � O � r,C2 2C r -I r -I �� N c c2 c c2 c c Op N W A W A N GJ 4J N w U U U U o1,1 0 Ln (n V) 0 0 a� m u x H N m -o a� Q) J LO Ln e --I IA •L N c U 4J L 0 U o6 Ln v E c 0 3 Ln 0 L cn a, L 0 u M l"I C'I 1 LO w Q CITY OF ITHACA — Superintendent of Public Works kgehring@cityofithaca.org 108 East Green Street, Suite 202, Ithaca, N.Y. 14850 Phone: (607) 274-6527 Fax: (607) 274-6587 APPLICANT NAME NAME OF ORGANIZAT MAILING ADDRESS PHONE NUMBER EMAIL ADDRESS APPLICATION FOR USE OF CITY PROPERTY (see §170 of the City Code for additional requirements, restrictions, and procedures) G� Vl_ - 0-L11 DATE OF APPLICATION SUBMISSION All of the following documentation MUST be submitted to the Superintendent's Office, along with this application form, and $100 non-refundable fee, in order for application to be considered complete. **** Incomplete Applications will not be accepted **** Provide a typed explanation of your request clearly indicating the location of the property under consideration, your intended use(s) of that property, and intended duration of use. Also, include a description of any physical changes that you wish to make to the City property and any other information you feel is relevant, such as paving, drainage improvements, signs, structures, etc. [- $100 non-refundable application fee. Checks payable to the City of Ithaca. roperty survey produced by a licensed land surveyor showing the City property and adjacent private property A drawing, such as submitted or approved site plan, clearly illustrating the boundaries of the City property proposed for private use, including physical changes proposed and the affected area (in square feet or acres) Insurance coverage consistent with the terms stated in §170-91)(1) of the City Code --------------------------- FOR OFFICE USE ONLY Application Fee of $100 paid on 'nQ (date) by cash or check # 1 &!(2 (circle one) Application accepted by: i' /lam. Thicre-ryL_ Date:_ ci IR It (0 Michael J. Thorne, P.E., Superintendent of Public Works The Superintendent of Public Works has determined that this request should be properly treated as (check one): ccm ❑ Temporary easement ❑ Permanent easement ❑ Lease T�c P rY (�icense El Other The Superintendent has determined that this request ❑ does Tr'does not involve the use of public parkland. The Superintendent has determined that this request ❑ does Rr does not require environmental review. The Superintendent shall determine whether the requested encroachment or use interferes with any public works functions or needs, and whether any conditions should be attached to any granting of an easement, license or lease. The Superintendent has determined that additional review/action is necessary from the following (check all that apply): ❑ Mayor g/City Attorney ❑ Fire Chief ID' board of Public Works ❑ City Clerk ❑ Common Council ❑ Other This application been ❑ approved ❑ with conditions ❑ denied by: Date: Michael J. Thorne, P.E., Superintendent of Public Works and a written response ❑ has ❑ has not been provided. JaFront uttice FileMForms%Use of City Property Application.doc Joe Price Ithaca Renting Company 119 Dryden Rd Ithaca, NY 14850 Superintendent of Public Works City of Ithaca 108 E Green St, Suite 202 Ithaca NY 14850 Application for Use of City Property Ithaca Renting Company buys bulk Internet and then provides and/or resells it to their tenants. We would like to rent space in the Commons telecom conduit system for the purposes of connecting our properties on the Commons with a fiber optic network. The properties included are: 101-107 E. State 108-114 E. State 156 E. State 202-204 E. State 212-216 E. State (109-113 E. State, 154 E. State, and 111 S Cayuga will be connected internally via neighboring buildings) We would like one 4" dedicated conduit plus space in one 4" shared conduit for each property listed above. This is shown in highlighter on the attached drawings. At this time, we will not be installing any equipment or splices in the vaults, other than fiber optic cable that passes through, but may do so in the future. We will Ii We would like to commence the use on November 1, 2016 and continue said use until further notice Thank you for your consideration Joe Price Facilities Manager F0 i I I 1 I I I I j ! I I I I I I I LJ , f , 1 a A]- x Db' DUCE BA11Y ? 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