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HomeMy WebLinkAbout02-27-17 Board of Public Works Meeting Agenda• DA0TE: February 27, 2017 BPW MeetingTIME: 4:45 pm LOCATION: 310 Floor, Board of Public Works City Hall, Council Chambers R M 108 E. Green St., Ithaca AGENDA ITEMS Time Topic Voting? Presenter(s) Allowed 1. Call to Order/Agenda Review No Mayor Myrick 5 min. 2. Mayor's Communications No Mayor Myrick 3. Communications and Hearings from Persons No Public 5 min. Before the Board 4. Response to the Public No Commissioners 5. Reports No Various 5 min. A. Special Committees of the Board B. Council Liaison C. Board Liaisons D. Superintendent and Staff 6. New Project Presentation 7. Administration & Communications A. Board Meeting Day Change Request Yes Mayor Myrick 5 min. B. Approval of October 5, 2015 BPW Minutes 8. Buildings, Properties, Refuse & Transit 9. Highways, Streets & Sidewalks 10. Parking & Traffic 11. Creeks, Bridges & Parks A. Proposal for a Temporary Community Altar in Yes Supt. Thorne 5 min. DeWitt Park Per the Board's discussion, a resolution approving the installation of the altar in DeWitt Park is enclosed. 12. Water & Sewer A. Appeal of Water Bill for 1081/2 Fifth Street Yes Asst. Supt. Whitney 2 min. B. Appeal of Water Bill for 130 East State Street Yes Asst. Supt. Whitney 3 min. Per the Board's discussion, resolutions will be provided at the meeting. 13. Discussion Items A. Request to Hang a Banner on the Gateway Bridge No Supt. Thorne 10 min. from Ithaca City School District The Ithaca City School District would like to hang a banner from the Gateway Bridge (AKA Bridge to No Where) advertising open positions in their transportation department. If you have a disability that will require special arrangements to be made in order for you to fully participate io the meeting, please contact the City Clerk at 607.274.6570 at least 48 hours before the meeting. The Board of Public Works meets on the second and fourth Mondays at 4A5 p.m. All meetings are voting meetings opening with a public comment period Meeting agendas are created from prior public input. Department operating planning issues. and requests made to the Superintendent. The Board reserves the right to lim t verbal comments to three minutes and to request written comments on lengthy or complex issies This information may ;hen be used to create committee agendas. with the speaker or author invited to attend. Topic B. Request for License Agreement from Southern Tier Balloon Tours C. East Spencer Street Sidewalk Replacement Time Voting? Presenter(s) Allowed No Supt. Thorne 15 min. No Sidewalk Prog. Mgr. 10 min. Johnathan Licitra D. Request for a Parking Space Rental Agreement No Parking Dir. Nagy 15 min. from Miller Mayer, LLP Miller Mayer, LLP, has submitted a request to rent two parking spaces for their exclusive use in the Green Street Garage. The City Attorney's office has provided a draft agreement for the Board's consideration. 14. New Business No 15. Adjournment Yes Page 2 of 3 11. Creeks, Bridges & Parks A. Approval for a Temporary Community Altar in DeWitt Park — Resolution WHEREAS, Your Art Club has proposed to install a temporary community altar in DeWitt Park, and presented their proposal to the Board of Public Works on January 9, 2017; and WHEREAS, the Board of Public Works supported the idea, but asked for the Parks Commission to review the proposal and provide a recommendation; and WHEREAS, the Parks Commission reviewed the proposal on January 10, 2017, and recommended that Your Art Club monitor the installation on a daily basis to remove trash and/or any offensive items placed at the altar; now, therefore be it RESOLVED, That the Board of Public Works approves the temporary community altar proposed by Your Art Club, subject to daily monitoring, clean up and/or maintenance by Your Art Club for a period of one month; and, be it further RESOLVED, That the Board of Public Works authorizes the Superintendent of Public Works to remove the altar if it becomes a nuisance, and to review and approve or disapprove any requests to extend the display period. Page 3 of 3 Kathy Servoss From: Michael Thorne Sent: Thursday, January 26, 2017 12:00 PM To: Julie Holcomb; Tim Logue Cc: Kathy Servoss; Addisu Gebre Subject: RE: ICSD banner on Gateway trail bridge over Rt 13 Categories: Tasks/To Do, BPW I'm not opposed to bringing it to the BPW for permission to hang the sign on a temporary basis. This is for a public entity advertising jobs, as opposed to a private entity advertising for business purposes. She should send us a graphic of the sign including its dimensions, along with information on how long it will be posted. Kathy, can you contact her and let her know what she needs to do? She also will need to contact Skip Schell. Thanks Michael Thorne, P.E. Superintendent of Public Works City of Ithaca 108 E. Green Street Ithaca, NY 14850 607-274-6527 From: Julie Holcomb Sent: Thursday, January 26, 2017 9:58 AM To: Tim Logue; Michael Thorne Cc: Kathy Servoss; Addisu Gebre Subject: RE: ICSD banner on Gateway trail bridge over Rt 13 Hi everyone - She stopped at my office before she went upstairs. I told her that we don't hang banners from any city infrastructure anymore and to check with the School District or a private property owner (she didn't tell me who she was or who she was with). She mentioned the IPD banner and Sarah told her that the BPW approved it so she might want to try there. I read the minutes from that meeting and Mike was going to draft a Resolution for Board approval that allowed City departments only to hang banners on City property and that a timeline should be associated with it. FYI — IPD said their banner only needed to be up through November 14, 2015 (1 hope it is not still up therei) The BPW did adopt a policy regarding hanging banners and temporary signs in the parks. I know that Public Works has been trying to get Out of this business for decades so I would hate to see us back track now... My thoughts — JuVie From: Tim Logue Sent: Wednesday, January 25, 2017 4:02 PM To: Michael Thorne <MThome@cityofithaca.org>; Julie Holcomb <JHolcomb@cityofithaca.org> Cc: Kathy Servoss <KServoss@cityofithaca.org>; Addisu Gebre <AGebre@cityofithaca.org> Subject: ICSD banner on Gateway trail bridge over Rt 13 Not sure where this one goes, so please redirect as needed... Elizabeth Berner, the transportation supervisor for ICSD, stopped in wondering if ICSD could be allowed to hang a 12 ft long banner on the Gateway trail bridge over Rt 13 at the south city line. She said IPD has a banner there currently, and an officer referred her to Engineering for approval. The banner is a school bus driver recruitment ad and she would be happy to hang it in either or both directions for somewhere between a few weeks and a few months (or for what we would allow). Addisu and I don't have a problem with this, but I'm not sure how we handle these requests and seem to have a memory about banners and BPW approval (maybe because it was Wood St Park?). Anyway, any advice on how to handle this? Elizabeth's contact info is o) 274.2128 c) 279.9068 elizabeth.berner(i,icsdAl 2.ny.us Thanks, Tim Tim Logue Director of Engineering Services 108 East Green Street Ithaca, NY 14850 607.274.6535 "A community is democratic only when the humblest and weakest person can enjoy the highest civil, economic, and social rights that the biggest and most powerful possess." Asa Philip Randolph (African -American labor and civil rights leader, 1889-1979) KathyServoss From: Elizabeth Berner<elizabeth.berner@icsd.kl2.ny.us> Sent: Wednesday, February 15, 2017 3:11 PM To: Kathy Servoss Subject: Re: ICSD Banner on Gateway Bridge Categories: BPW I will be there at the meeting. See you there. On Wed, Feb 15, 2017 at 1 1:10 AM, Kathy Servoss <KSerxoss(u. cityuiithaca.ru-.�> wrote: Hi Elizabeth, Thank you for sending the banner image. #f you have any additional information for the Board prior to the meeting, please forward it to both Sara Myers and Mike Thorne (both cc'd) as I will not be in the office next week. Your request will be on the BPW agenda for Monday, February 27"'. Someone should be at the meeting in case the Board has any questions- The meeting begins at 4A5 p.m. in Council Chambers in City Hall, 103 E. Green St, Third Floor. If you have any questions, feel free to send them to me or Sarah. K.Atl�t�, SEYVD55 Executive ass%stavLt Supt. of PiAbUz Worizs, evte,merioa3 �; Parl¢w� Ctt5 of ctkaca 108 E. irreevL St. Ithaca, NY 14850 60- 7t- -�s:z From: Elizabeth Berner [mailto:efizabet h.berner2a icsd.k12.ny.us] Sent: Monday, February 13, 2017 10:46 AM To: Kathy Servoss <K5ervoss cit ofithaca.or > Subject: Re: ICSD Banner on Gateway Bridge BannerProof_1.pcdf To the Board of Public Works. I would like to request to place a banner on the Gateway Bridge near Home Depot. I will attach a picture of our banner with dimensions. This banner will help us with our shortage of bus drivers for the Ithaca City Schools. I would like to keep this banner up for 3 to 4 weeks as soon as it is approved. Thank you so much for considering helping us! Elizabeth Berner Transportation Supervisor On Wed. Feb 8, 2017 at 1 1:06 AM, Kathy Servoss <KScrvoss(a cit\o ithaca.()1-�> wrote: Hello Elizabeth, I was asked to contact you about your request to put a banner on the Gateway Bridge (AKA Bridgc to Nowhere) near Horne Depot. This request will need to go through the Board of Public Works. Please send an email or letter to me for the Board explaining your request in detail, specifically with dates the banner would be displayed and including a graphic ofthe banner with dimensions. The next BPW meeting that this request could be discussed is February 27. 2017. We will need the information by February 17th. Let me know if you have any questions. Thank you, Kathn servoss EAM,ctLVe aSSLStavl;t Supt. Of PubL%c Wore--, v, %vti�erivw� PArl2iwa C, t� of Ithaca ID8 (�. c::-jreew st. Ithaca, NY i485D Vinyl Banner 360 11 wide x 72" high go/ Hiss. Ot, e • Paid, Expert Training Ithaca • Excellent Benefits Come join U5! 607m274m2128 CITY OF ITHACA — superintendent of Public Works kgehring n@cctyofithaca org 108 East Green Street, Suite 202, Ithaca. N Y. 14850 Phone(607) 274-6527 Fax (607) 274-6587 APPLICATION FOR USE OF CITY PROPERTY (see §170 of the City Code for additional requirements restrictions, and procedures] APPLICANT NAME 4 - NAME OF ORGANIZATION 1 BUSINESS MAILING ADDRESS PHONE NUMBER DATE OF APPLICATION SUBMISSION EMAIL ADDRESS 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. r Property 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 §170-9D(1) of the City Code FOR OFFICE USE ONLY Application Fee of $100 paid on Jot VL�/i_ (date) by cash or check # U kl�afl(clrcle one) Application accepted by:^X „ _ Date: oZ ti l Mickhei 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} Temporary easement Permanent easement' - Lease License t (cOther The Superintendent has determined that this request / does _: does not Involve the use of public parkland The Superintendent has determined that this request does does not require environmental review The Superintendent shall determine whether the requested encroachment or use interferes with any pubic 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 reviewlaction is necessary from the following (cneck all that applyf MayorCity Attorney Fire Chief} Board of Public Works City Clerk j//Common Council VOther�y�n(�.%LL)i•tik I '� 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. J1 Front Office Files`FormSlL/se of City Property Application dDc Dariush Farzad Southern Tier Balloon Tours 2628 Mill Glen St Endicott, NY 13760 To whom it may concern, City of Ithaca, Southern Tier Balloon Tours is requesting the use of Stewart Park to launch its hot air balloon from launch sites "Alpha" and "Bravo" from the months of April — November, yearly. We have included a map with requested launch sites highlighted in red for "Alpha" and blue for "Bravo." We have also included the square footage of the proposed launch sites that we would be using. The total time per a launch is about 35 minutes. Therefore, each time we would launch from the park it would generally be no more than 35 minutes of field usage. Balloon launches will require a vehicle to drive onto the requested launch sites} to set up equipment and ensure that the balloon always has a safe take off. We will not drive on launch sites if they are soft or if possible damage to the field would occur from our vehicle{s,. Balloon launches would occur about 60 times a year give or take a couple a couple flights. We are fully insured and have included a policy copy with the appropriate additions of The City of Ithaca as defined in 170-9D(1) of City Code. Our balloon flights do have paying customers on board that set up their Balloon rides online through our booking software Bookeo, which is 100% of our bookings. Balloon flight transactions never occur on city property nor do we advertise on city property in regards to purchasing a balloon ride. I understand an issue arose that our balloon flights were/are selling "concessions" on city property during flights, to the best of our knowledge we do not believe ,.y 1OIL- CA w The Schantz Agency Insurance for Balloonists by Balloonists CER 17 FIC ITF. 0P P\5t R.1.\( 1 his C c rfilic�rle rs issued crs cr �rturlrr of iirlc�rinu�im� urrll. T hic CerfijClcyie does not amend, evend or idler in ant mat) net the curerake(s) provided be• Nee policy descrihed herein. DIS.SCRIP17i7i S(HEPI LE \ VAti 1) RI 1) \I)I)RI 1\,�t RI I) ( t)\tl' \v) Y( 11 R) \1 \1lil 11 I'll W" (l\"I Pi 1) C0I Yi R I GE (()1 I:RA(& 1: 1WI)II 1 1\.II kl \\1) I'1l()I'l RI) I) \\I-\61 I \( 111)1\(i 1' \,;til \(il Rti I)ariu.11 k Jv:,J _('28 \IiII (il n Rd. i ndicou. Al 1.,760 1 11 1 111\11rilnCC E n. I lLucd .\-- \ 11 h, 1\1 11t. €1 MA >U-lnts-ur. X110 X 1 17 \i2)(,?(,, \f)s?1(1_ \70( I I).lriu,}1 I.uvid Kcimcth I_oc„cr ( ( )\ i 1, %(d I1_ 1' 15ti1 \(.1 k 110I111 Y I\Ji kl' PI k P \titil \(il I( ( (A 1 Ie 1( iL (' \II DI( 11 1' \1 \11 \ 1 \ 111;11 III k5()\ I ,I HIP, (IR€IIR \1I 1`1\\l11)1()' LI;l1IT.S OF LIABILITY S I .Ul)I).UO{1 1Kr [ )ccurrCncC�S? Ilnll,+lf lfl A�!rc�:11r S100.000 1-Jill PCi•nit S1(10.000 121rc¢:11� S5,I10111m (Inc I'rn�u1 PIC:uWr I.IIIIIIC1t ( ununcrcial E Its 111IIha:;.:I? l�iiiitiun,ll Imnrcd IO8; lii'cili tie Ithaca. \1" I IK�II Additional Insured. the applies: I he ccn Csa c Ilrcwielcei In [ite \dOitiunai Insured shall appl\ meld} In the lelalitielntll In;tned sirariettl, iiahilit� .Iri in_ 11ut 11 the \amcd Insureds 0I)CI- li011 of cotcrcd iMI10011; idenliliul in the Schedule Of t Ol Cl'Cd Ballonns on the poli�:\. and �ha}I he luhic,:t to all pohc\ teims. conditions, Lleflllitiol15, e\CIUSi0ll S. Clldllriement,, and amcm1 cniti. Sl3hjCCl 111 Etll lxlllC\ lfflll>, Ctlnilll1011,. dcCiii oirs, cndOrsemems and amendment,, the iolal handit\ ol'thc insurCr simll not c\eeed the I.imil, 01, In.ur;u1 C'Cl 10-01 in IhC Declarations ofthis polir�,. khn . y. qjj n \l 111OJil/I:I) til(i\.\ 11 RI J1>1111 \I ( aril"tin C K. L Januur\ I ti, _'u l' I)\II PO Box 51591 / Jacksonville Beach, Florida 32240 Office: 904-246-1018/ Fax 904-246-5646 E-Mail: balloonmeister@juno.com / www,theschantzagency.com Broome County Department of Parks & Recreation tr is k;lrhara. '). Fiala. M-(J lllc• Cminty Excc•lllirc I ions V Wui.tisrriarnn. Colunlistiinm•r I;rnuntc C,,urlly Utlic-C 131111 ing . -14 Hai W-V 5onq P-O_ IM 1766 - lunghimlon. Nw" P"A. I311,., (6071 77h-2IUN fax 16071 77M.2351i 1i(VsOn %vwm2„I)rrrilInm "Unty u I:i 1. All I,c rsolis upc -atin, h,IHSMS in a 13 MU (. O 'LluntY kirk nlLlst IIIIMM, dig nho d'e 1W the wgula kwis set Nu-th hV TO 13allooll ],Cdcrati(m of/\Illcric�l. Ii. InSur;lucc RXCJ it i T-Cl. i o It S it. til_{1{}(} (}t)11 halloonlst liabilitypolicy. h. 131'00111C ( OL111tV MUSt be 11,111)Ccl ;IS t111 acklitiunal inSurrd. C . 1-11c n1,1Xinlunl nLlmho- ul• hcnhiC her basket mdl he listed on dw inSu•,;ncc cm Ncutc aml hermit. 1 ilis %01 he dctcrminrd tlIC h1Ill!)O11 11u1nut,tct uCr unl 111Su1;. ir, C'!! i, I. 1). Tic dome" arc rccluircd dtlrim� infbtion. I .. l hcrC " i I I hC .I III i111I11LIM 0I'IWO U70MKI crew her hill Io(�n. I.-. Each hrrn-iii «ill include a nlah of Cach awa in the NO si stem "hoe h.Ill hmw nwv kwnd-,. (i. For hurhtlse" of S;Ilet�. hark liwilitics (other than (h.siniligo Park rntl"t he uiotifi:J of .II1 launches. i 1. SuliCitaticln Im ridCS and the eXChanz�C r,l'm011C� 111nst OCCur ul"l hark h1011�:11� I. FIIC hcrnlit nlutit hC 1:Cht With the b11110011ist lot all timC.S. I A I•cc oft 25.00 will he charged fol- the hCrmil. PARK Usinirigo l'wk PAR.K f) ,cChcStCr I'u� i. 1..\i'WI l SH 1, lZest \I-ca Ficld I A[:N(•I I SI 1. iic'.li:.c`. Picnl c Sll,:!.tcr PARK Nathanicl Uoic Plut PA Rk (irihhen ICc Rnll-, ] I.I.L1'i lc N1� 693-1 )S() E FLI-P1 foNL 7 4N-o3 , LAIl N '11 S1"] I: f.ast'1'`cst Softball ]Meld-, I AIjN('II SYIT' Srlthclll I icld PARK (Awn"nod Part. 1..\t NC] I Sl I ( h•crllim 11a1-1:intg Lni"Open PLI� Arc l .. . _ ,_�, :ail .( )h I1;,1I ... �I, I I'•:I( 11 li 1ll w (;I� (>l i1-}a it I ;I',. Vc•Icr::ns Mvinori I k-cria,' 1}:I, Sr[r�t . :'iIII_, itlE+In. ' Y. 0� 71 77ti-1'��'i �•:�: i;';;�: -��,� The Forum `?:;C'',','::Sll.n" nil Slirct ./ P:ii;ll,:mh n. I:i�101 / (65i)7) 77� 2.1tin 77 Ilcnn-Wcissniunn. Ccvtlnii5tiinr,rr (607) 778-o1:i2 CITY OF ITHACA •4t,�,: 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 �® DEPARTMENT OF PLANNING BUILDING ZONING & ECONOMIC DEVELOPMENT Division of Planning & Economic Development JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT ftPDRA►E.; PHYLLISA DESARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development — 607-274-6550 Community Development/IURA — 607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org TO: Board of Public Works FROM: Megan Wilson, Senior Planner DATE: February 21, 2017 RE: Southern Tier Balloon Tours Proposal At its February 141h meeting, the Parks Commission reviewed Southern Tier Balloon Tours' application to use two areas of Stewart Park for hot air balloon launches. The Commission had several concerns and questions about using the park for this purpose, including: • The high voltage power lines that run through the park could pose a safety hazard for both those in the balloon and on the ground. • Allowing vehicles to regularly drive on the lawn areas will cause damage to the grass, regardless of the ground conditions. While it was stated that driving on the grass would not occur when the ground is soft, the Commission is concerned that this commitment will not be adhered to and damage will occur. • The two launch areas encompass large areas of the park. Would the permit allow the tour operators to force other parks users to relocate in order to accommodate a balloon launch? The Commission is concerned that allowing this use, particularly if the areas are reserved for launches, will interfere with the public's use and enjoyment of the park. • The use of Stewart Park for the hot air balloon launches is strictly a business operation, and the tour operators would be making a significant amount of money off the use of City property. Moreover, the hot air balloon tours are priced at a point that they would preclude most park users from taking advantage of the opportunity. • Would there be a concession agreement with the City on top of the permit fee? Given that it is a business operation, the Parks Commission believes that the City should receive additional revenue for allowing this use of parkland, if the permit is issued. • The benefit to the community and the City from this permit remains unclear. While a quorum was not present, Parks Commissioners in attendance recommended that the permit be denied. They do not believe it is appropriate or necessary for Stewart Park to be the launch location and encourage Southern Tier Balloon Tours to find an alternate location that is not on City parkland for its launches. Should the permit be issued, the Parks Commission recommends that the following conditions be added to the permit: • Launches should be restricted to a finite period of time only. The hours of 5-7 a.m. were suggested by staff. MILLER MAYER:.�- ATTORNEYS AT LAW October 19, 2016 VIA EMAIL Mr. Frank Nagy Director of Parking City of Ithaca 108 E. Green St. Ithaca, NY 14850 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 he 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. 4 Kind yeg4s, J 'Hayden R, Brainard P.O. Box 6435 Ithaca, New York 14851-6435 1607.273.4200 tel 1 607.272.6694 fax ' www.millermayer.com PARKING AGREEMENT / REVOCABLE LICENSE TI IIS AGREEMENT, made this day of , 2016, by and between: ► Miller Mayer, LLP, with offices located at 215 F. State Street, Suite 200, Ithaca, NY 14850, (hereinafter referred to as "LICENSEE"), and ► The CITY OF ITIIACA, NEW YORK, a municipal corporation having offices at 108 F. Green Street, Ithaca, New York (hereafter referred to as "CITY"), WITNESSF,TH THAT: WHEREAS, LICENSEF wishes to use, occupy and/or encroach upon certain land in the City of Ithaca owned by CITY, for the purpose ofgranting Licensee 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,- and WI IEREAS, Chapter 170 of the Municipal Code of the City of Ithaca establishes the process and the terms and conditions by which the CITY may license the use of and/or encroachment upon its real property to a person or persons, and WHEREAS, LICENSEF's office space has a direct entryway to the Green Street Garage, and due to this unique feature, the CITY's Board of Public Works has authorized the Mayor to execute an agreement containing a revocable license that allows the above -described use or encroachment, subject to certain conditions; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, including receipt by CITY from LICENSEE of the fees described herein (either in full, or pursuant to an installment payment agreement), the parties hereto, for themselves, their heirs, executors, administrators, successors and assigns, do hereby covenant and agree as follows: 1. By the License herein contained and subject to the terms and conditions set forth herein. LICENSEE shall have the exclusive right to use and control of the Parking Spaces for the purpose of parking automobiles belonging to LICENSEE, its owners, employees, agents and invitees, between the hours of 9am and 5 pm, Monday through Friday, for the duration of this Agreement. LICENSEE hereby acknowledges and agrees that the Parking Spaces shall be open to public use at all other times. The CITY reserves the right to enter upon the licensed premises upon reasonable notice (or without notice in the event that the CITY, in its sole discretion, has determined that emergency entry is required) for the purpose of inspection or to assess or remedy a dangerous or potentially dangerous condition. 2. The use by LICENSEE of the above -described property of the CITY does not constitute and shall never ripen into or become a right to use any portion of such property without the consent of the CITY, but is and shall continue to be only a use by sufferance of said property of the CITY, as evidenced by a duly executed and current License/Agreement. 3. Subject to the provisions of Paragraph 4, below, the term of the Licensc contained herein shall be for a term of 12 months commencing on the date that this Agreement is executed in full. Renewal of this Agreement may only be authorized by the Board of Public Works. 4. Notwithstanding any other provisions herein, the License contained herein may be terminated by LICENSEE, for any reason, upon at least 30 days' written notice to the CITY. In the event of such early termination, LICENSEE shall be entitled to a pro -rated refund of the use fee, for the unused portion of the term, provided that LICENSEE is in compliance with the provisions of Paragraph g, below. Such early termination shall not relieve LICENSEE of its duty to restore and deliver up the licensed premises as described below. 5. Notwithstanding any other provisions herein, the License contained herein may be revoked or modified by CITY (a) upon such notice as is practical, in the event of an emergency that threatens property or the public safety or welfare, or (b) upon at least one month's notice that the Superintendent has determined that LICENSFF has failed to comply with any substantive tern herein, and that LICENSEE has not cured such breach within the notice period, or (c) upon at least three months' written notice to LICENSEE that the CITY's Superintendent of Public Works has determined that the licensed premises is required for a public purpose. LICENSEE may appeal a non -emergency revocation or modification to the CITY's Board of Public Works, but must do so in writing within 15 days of the receipt of the revocation notice. In the event of such early termination (or modification that affects the amount of land that is licensed), LICENSEE shall be entitled to a pro -rated refund of the use fee, for the unused portion of the term (or in proportion to the reduced area). provided that LICENSEE is in compliance with the provisions of Paragraph 8, below. 6. This Agreement/License shall not take effect until fully executed and until the application and use fees set forth below have been received by the City. Application Fee: An Application Fee in the amount of S100.00 (in the form of check payable to the City of Ithaca) must accompany submission of the application for this license to the City Chamberlain's office. The purpose of this fee is to cover the amount of' City staff time typically associated with the processing of such applications. Use Fee: The monthly Use Fee in the amount of $150 per Parking Space, S300 total, will be due and payable to the CITY monthly in advance. Rent due for any partial month shall be prorated to the number of days lapsed prior to the effective date of tcnnination of this Agreement. Checks shall be made payable to and delivered to City Chamberlain, 108 E. Green Street, V Floor, Ithaca NY 14850. Notwithstanding any other provisions herein, the CITY hereby reserves the right to correct the amount of the Use Fee at any time, if the square footage of land occupied by LICENSEE is found to be different from the amount stated above. In that event, the CITY shall send a Notice of Correction to LICENSEE, and any additional fee owed (or refund due) as a result of the correction shall be effective and pro -rated as of the date of such Notice. Likewise, in the event that the licensed premises are reclassified by Tompkins County as taxable, the full amount of assessed taxes shall be incorporated into a corrected Use Fee, as of the date such taxes become due. 7. LICENSEE hereby agrees to maintain the licensed premises in a safe, sound, clean and serviceable condition, in accordance with all applicable ordinances of the CITY and such that no hazard is posed to the public from the public's use of or proximity to said premises, and to repair or remove any unsafe or improper structure or thing thereupon, as directed by the CITY. In the event of LICENSEE's failure to effect such repair or removal, after notice from CITY to do so. CITY may carry out the same and charge LICENSEE and its benefited property for such cost (plus a 25% administrative charge). 8. LICENSEE hereby agrees that it is LICENSEE's duty, at the end of the teen or in the event of'other termination of the License, to deliver up the licensed premises in as good order and condition as they were at the commencement of the License (reasonable use and wear excepted), unless the CITY agrees in writing to accept the premises in a different condition. Unless otherwise agreed to by the CITY, such delivery shall include restoration of grade and original ground cover, if applicable, and removal of any debris and any 2 structures installed by LICENSEE.. Any damage to the premises or any debris rernaimn_ thereupon at such time shall he presumed to have been caused by I,ICl`NSEI.. In the event of the failure of' LICENSEE to effect the required restoration, within ten (10) days of the date of written notice from the CITY, the CITY may thereafter cause the restoration to occur and may subtract the cost thereof from any pro -rated refund due to LICFNSEF1 and/or may assess the cost thereof (plus 25%) against LICENSEE and its benefited property. 9. LICENSEE hereby agrees to indemnify and save the City and its officers and employees harmless from any loss, injury or damage arising out of the occupancy or use of the encroached -upon City property, by LICENSEE or its servant or agent, or by any member of the public, or from any negligence or fault of said LICFNSFF or its servants or agents in connection with the maintenance of the afore -mentioned encroachment. or the failure to maintain the same in good repair and safe condition, including attorneys fees and court costs. 10. LICENSEE hereby agrees to keep the licensed premises insured at all times, in the amount of at least $1,000,000.00 for personal injury liability, to list the City as an additional insured under said insurance policy, and to provide written proof of such insurance from the insurer, at the time of execution of this agreement, by the time of the annual anniversary of' said original execution if this License is to be renewed, and as may be otherwise required by the City. 11. In the event of the expiration and non -renewal, or tennination, of' this License, failure of- the LICENSEE to vacate the formerly licensed premises at that time may result in substantial penalties, pursuant to the Municipal Code of the CITY. 12. All notices provided for herein shall be sent to CITY at the address set forth above (in care of the City Chamberlain), or to LICENSEE (or any subsequent owner or person, as described above) at the address set forth above, or at any other address provided in writing to CITY by LICFNSEE. IN WITNESS WI IERF.OF, this Agreement has been duly executed by the parties hereto as of -the day and year first above written. (Licensee) (signature) (print name and title) CITY OF ITHACA By: Svante L. Myrick, Mayor 3 STATE OF NEW YORK } COUNTY OF TOMPKINS On this day of' 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to nie on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to nie that she/he executed the same in her/his capacity, and that by heri'his signature on the instrument, the individual, or person on behalf of' which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK, } COUNTY OF TOM I'KINS ) ss: On this day of 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared SVANI'E L, MYRICK. personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual who, being by me duly sworn, did depose and say that he resides at Ithaca, New York, and that lie is the Mayor of the City of Ithaca, the municipal corporation described in and which executed the above instrument: and that lie signed his name thereto upon authorization of the Board of Public Works of such corporation. Approved as to form and content: City Attorney Notary Public Date 4 EXHIBIT A NIAP OF PARKING SPACES MAV: Miller Mayer, 1,1,11 Parking Spaces (ire cn Street Parl�itt Ciarae I st I, loor H = I lanclicap Space. NXC Understand from our conversations with Frank that two additional handicap only spaces Neill be added at spades 694 and 696. Thesc spaces are not currently labeled handicap only. MM- Miller Mayor Reserved Parking Spaces. We would like space as close to ou.r door as possible. Spaces 698 and 700 are uric. If it WHIS taut there will not be handicap spaces in 694 and 696, we would prefer those spaces.