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HomeMy WebLinkAbout1991-02-06February 06, 1991 The Lansing Town Board met in Special Session at the Lansing Town Hall. Boardroom at 7:00 P.M. on February 06, 1991 with Supervisor Kirby presiding. ROLL CALL Jeannine Kirby Supervisor Present Herbert Beckwith Councilman Present Jeffrey Cleveland Councilman Present Louis Emmick Councilman Present Larry Tvaroha Councilman Present - Richard John Town Attorney Present Bonita Boles Town Clerk Absent Debbie Crandall Deputy Town Clerk Present Visitors: Dave Herrick, Town Engineer, Pete Larson, Highway Superintendent, George Totman, Code Enforcement, Charlie Tallman, Leo Mahool and Katie Payne. The Supervisor called.the:meeting to order having the clerk take the roll call. Representative for New York Telephone informed the Board that they will be working on the following roads: Town Barn Road, North Triphammer, Ridge Road, to Ludlowville and all the way to Jerry Smith Road. The work being done will eliminate all the two party lines only private lines will be available. The mileage charge will be reduced and push button service will be available. All around service will be imporved'. New York Telephone needs an easement from the Town to perform the work. The representative will be getting back to the Board withthe time schedule. LAKE WATCH SUBDIVISION: Leo Mahool and Charles Tallman gave a letter to the Board requesting that the Roads in the Lake Watch Subdivision be dedicated to the Town of Lansing. Rich John informed Leo Mahool and Charles Tallman that they are still waiting for an updated abstract, road description and an as built survey. Mr. Tallman will bring the necessary papers to Thaler's office tomorrow morning. Rich John asked Dave Herrick to give them a punch list of the things that needed to be done. Charlie Tallman stated that they would give a letter of credit to cover finishing the necessary work that needed to be done now and is the spring. He estimated it to be around $7,000.00. Pete Larson informed the Board that there is a large soft spot on Smugglers Path. He has no problem with the drainage and the work will be okay when finished. Mr. Emmick asked if the $7,000.00 based on the engineers observations, would cover any and all work that needed to be done Dave Herrick replied that the $7,000.00 was air_ied to cover the regrading and reseeding that was to be done in the spring. Dave will have to look at the problem Pete described on Smugglers Path. RESOLUTION offered by Mr. Beckwith who moved its adoption, seconded by Mr. Emmick: RESOLVED that the Town Board accept a letter of credit from Mahool and Tallman for seeding. Before a roll call was taken Mr. Tvaroha asked what the dollar amount would be in the letter of credit. Rich John's suggestion was that the Board make it an amount to be accrued by the Town Engineer upon final inspection. After further discussion by the Board Mr. Beckwith withdrew the resolution based on further requirements needed from Dave Herrick and Pete Larson. The Board will wait for a letter of conditional (if any) acceptance of the roads from Dave Herrick and Pete Larson. The letter will state that a letter of credit will be needed to cover the seeding in the spring. RESOLUTION offered by Mr. Cleveland who moved its adoption, seconded by Mr. Beckwith: RESOLVED that the Town Board authorizes Mr. Thaler to draw the following contract and au"thorizes�Supervisor Kirby to sign it' concerning a temporary emergency water hookup for Lake Watch development. AGREEMENT FOR PUBLIC WATER THIS, AGREEMENT, made the 14th day of February, 1991, by and between the Town of Lansing, a municipal corporation, on behalf of a water district to be formed to be known as Lansing Water District No. 12, hereinafter referred to as 11 February 06, 1991, continued "the Town" and Charles Tallman and Leo J. Mahool, d /b /a Lakewatch Development, hereinafter referred to as the "Owners ". WHEREAS, The Town is forming a water district known as Lansing Water District No. 12 by which water from the Southern Cayuga Lake Intermunicipal Water Commission is provided to residents in a section of Lansing Water District No. 12 ( "LWD 12 "); and . WHEREAS, Owners own property which has to Lansing Water District No. 7, this prope be dedicated to the Town connecting to East and the Owners have requested permission to houses located on the property to the newly a part of LWD 12: and been subdivided located adjacent rty is located on several roads to._ Shore Circle in the Town of Lansing hook -up individual residential formed water lines constituting WHEREAS, the Town, on behalf of LWD 12 is willing to provide this service on an emergency temporary basis pursuant to certain terms and conditions; and WHEREAS, the parties hereto are desirous of setting forth in writing their agreement. NOW THEREFORE, fgr and.in condsideration of the mutual covenants herein expressed, and other lawful and valuable consideration, the parties hereto agree as follows: 1. Upon the performance of all of the terms and conditions on the part of the Owners, their successors and assigns to be performed, the Town, on behalf of LWD 12 hereby authorizes and grants permission to the Owners to obtain water from Lansing Water District No. 7. 2. The Owners shall install, construct and pay for water transmission lines running from the existing water main in Water District No. 7 to the premises of the Owners, their successors and assigns, and shall install, construct and pay for the connection to the system, which installation shall include a curb box, necessary pipe, meters and appurtenances all in accordance with the specifications of and under the direct supervision of the Southern Cayuga Lake Intermunicipal Water System and the Town Engineer. Any expense incurred as a result of said installation and connection shall be borne by the Owners. 3. That prior to the Owners drawing any water as a result of said connection, the Owners shall file with the Town Clerk a certificate from the Southern Cayuga Lake Intermunicipal Water System indicating that such installation has been accepted by the Southern Cayuga Lake Intermunicipal Water System for use. 5. The Owners agree that in the event that they or their representatives, successors or assigns fail to make any payments for water consumption, or any other payments required pursuant to this agreement, said unpaid charges shall be placed upon the Town and County Tax Bill for the Owners or their successors or assigns. 6. When the Owners' property known 4. The Owners, their successors and assigns, shall pay the Town for the water consumption through said connection at a rate of one and one -half times the rate of that charged to users in Lansing Water District No. 7. This rate shall continue until such time as the Owners' property becomes part of LWD 12. District No. 7 to the curb boxes located 5. The Owners agree that in the event that they or their representatives, successors or assigns fail to make any payments for water consumption, or any other payments required pursuant to this agreement, said unpaid charges shall be placed upon the Town and County Tax Bill for the Owners or their successors or assigns. 6. When the Owners' property known as Lakewatch Development becomes a part of LWD 12, the Owners shall execute a Bill of Sale and such other and further documents as are required by the Town attorney so that LWD.12 becomes the owner of the installed water pipes running from the water main of Water District No. 7 to the curb boxes located in the Owners' property known as Lakewatch Development. 7. In the event that this contract or any part thereof is declared illegal by any Court of competent jurisdiction, any other municipality or department thereof having jurisdiction over the same, the Town, without any liability whatsoever shall, without notice, have the right to terminate the supply of water. In such event, the Owners agree that they have no claim for any damage whatsoever against the Town or the Southern Cayuga Lake Intermunicipal Water System their respective employees, agents or assigns. 8. This contract shall be effective as of the date and year when executed by both parties and shall continue until such time as the Owners' property known as Lakewatch Development becomes part of LWD 12 or a successor district servicing the area where the premises of the Owners are located, at which time this contract shall become null and void at the time when all fees called for hereunder have been paid, without any further written document being necessary. 1 1 February 06, 1991, continued 9. The Owners agree to pay the Town Engineer and the Town Attorney for any charges which accrue as a result of this agreement, implementation of the same or the installation of the facilities as required by the Southern Cayuga Lake Intermunicipal Water System. 10. This contract is binding upon the parties hereto, their respective districutees, heirs, successors or assigns and Owners agree to have each of the purchasers of land in Lakewatch Development acknowledge to the Town in writing their acceptance and agreement to be bound by the terms of this agreement in so far as it applies to them. In the event that such acknowledgement is not received by the Town, no water shall be authorized to be provided to said premises nor will the Town issue a Certificate. of Occupancy. A signed copy of said agreement attached hereto and made a part thereof. Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . . (Aye) Louis Emmick, Councilman Vote of Town Board . . . (Aye) Larry Tvaroha, Councilman Vote of Town Board . . . (Aye) Jeannine Kirby, Supervisor Dave Herrick discussed the Kim, Cayuga Highland situation. The Board discussed the letter that Mrs. Kim mailed to Dave Herrick. RESOLUTION offered by Mr. Cleveland who moved its adoption, seconded by Mr. Emmick. RESOLVED that the Town Board accept Mrs. Kim's proposal pending Mr. Thaler's approval. Copy of said proposal attached hereto and made a part thereof. Vote of Town Board . . . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . . . . (Aye) Louis Emmick, Councilman Vote of Town Board . . . . . (Aye) Larry Tvaroha, Councilman Vote of Town Board . . . . . (Aye) Jeannine Kirby, Supervisor Dave Herrick reported on proposed Water District #17, Sperry Lane, Lake View Drive, Ladoga Point and the Myers Heights area. Frank Liguori is drafting a resolution. Dave met with the Water and Sewer Board February 04, 1991 and hopes in the near future the necessary information will be obtained and- a__Public_- Hearing can--be--held. Mrs. Katie Payne asked the Board for a letter stating that their Certificate of Occupancy not be withheld due to the problem with Mr. Adams. The Town Board authorized Mr. Totman, Code Enforcement Officer to give Mrs. Payne a letter concerning the Certificate of Occupancy for 30 East Meadow Drive, tax parcel #38. -1 -17.9. Copy of said letter attached hereto and made a part thereof. Pete Larson, Highway Superintendent presented the Board with his recommendation on the 10 Wheeler Dump Truck. The low bidder, Beam Mack Sales & Service meets the bid specifications and is his recommendation. Pete informed the Board that Deputy Highway:Superintendent, Phil Avery will be representing his department at the February 20, 1991 meeting. It was the consensus of the Board at.this time to table all bids on the 10 Wheeler Dump Truck until the State's budgetary dilema is further known Supervisor Kirby discussed the recycling situation between the Town and the County. RESOLUTION offered by Mr. Emmick, who moved its adoption, seconded by Mr. Tvaroha: RESOLVED, that the Lansing Town Board authorizes Supervisor Kirby to sign the recycling contract with Tompkins County. Vote of Town Board . (Aye) Vote of Town Board . (Aye) Vote of Town Board . (Aye) Vote of Town Board . (Aye) Vote of Town Board . (Aye) Herbert Beckwith, Councilman Jeffrey C.leveland,'`CounciTmah Louis Emmick, - Councilman. Larry Tvaroha, Councilman 'Jeannine Kir -by, ..Supervisor 1.1 its February 06, 1991, continued RESOLUTION offered by Mr. Tvaroha who moved its adoption, seconded by Mr. Cleveland: RESOLVED that the Town Board declares the Uhrovick property on Myers Road a surplus. Vote of Town Board . . . . (Aye) Vote of Town Board . . . . (Aye) Vote of Town Board . . . . (Nay) Vote of Town Board . . . . (Aye) Vote of Town Board . . . . (Aye) Herbert Beckwith, Councilman Jeffrey Cleveland, Councilman Louis Emmick, Councilman Larry Tvaroha, Councilman Jeannine Kirby, Supervisor RESOLUTION offered by Mr. Emmick who moved its adoption, seconded by Mr. Tvaroha: RESOLVED that the Town Board hereby approves the Veteran's Exemption, as advertised, March 06, 1991 at 7:00 P.M. in regard to of an increase in local license fee for dogs. Town as Local Vote Law #1 of 1991. Vote of Town Board . . . . (Aye) Vote of Town Board . . . . (Aye) Vote of Town Board . . . . (Aye) Vote of Town Board . . . . (Aye) Vote of Town Board . . . . (Aye) Herbert Beckwith, Councilman Jeffrey Cleveland, Councilman Louis Emmick, Councilman Larry Tvaroha, Councilman Jeannine Kirby, Supervisor RESOLUTION offered by Mr..Beckwith who moved its adoption, seconded by Mr. Cleveland: RESOLVED that the Town Board hereby authorizes the Town Clerk to advertise for a Public consideration Hearing to be held on and implementation March 06, 1991 at 7:00 P.M. in regard to of an increase in local license fee for dogs. Copy of said Resolution attached hereto and made a part thereof. Vote of Town Board . . . . (Aye) Vote of Town Board . . . . (Aye) Vote of Town Board . . . . (Aye) Vote of Town Board . . . . (Aye) Vote of Town Board . . . . (Aye) Herbert Beckwith, Councilman Jeffrey Cleveland, Councilman Louis Emmick, Councilman Larry Tvaroha, Councilman Jeannine Kirby, Supervisor RESOLUTION offered by Mr. Emmick who moved its adoption, seconded by Mr. Cleveland: RESOLVED that the Town Board hereby authorizes the Town Clerk to advertise for a Public Hearing to be held on March 06, 1991 at 7:15 P.M. in regard to the amendment to Ordinance No. 7 of the Town of Lansing relating to licensing and regulating junk yards in the Town of Lansing. Copy of said Resolution attached hereto and made a part thereof. Vote of Town Board . . . . (Aye) Vote of Town Board . . . . (Aye) Vote of Town Board . . . . (Aye) Vote of Town Board . . . . (Nay) Vote of Town Board . . . . (Aye) Herbert Beckwith, Councilman Jeffrey Cleveland, Councilman Louis Emmick, Councilman Larry Tvaroha, Councilman Jeannine Kirby, Supervisor The Town Board will be doing the end of year audit, February 16, 1991 at 7:30 a.m. The Town Board will be meeting with Andy LaVigne, February 27, 1991 at 7:00 p.m. to hold a discussion on the State Audit. George Totman informed the Board that he will be sending the Subdivision Rules and Regulations including the new illustration to the printers. George Totman informed the Board that in the minutes of August 15, 1991, concerning the Burris subdivision, it was stated that a Building Permit could not be issued until it was a Town road. George stated that Mr. Burris intended to keep his roads private at this time. George asked to have this looked up and clarified at the next meeting. George informed the Board that the Town of Lansing does not have an official Town of Lansing map. George suggested that there is a need for this and that they might consider putting the Planning Board in charge of this project. February 06, 1991, continued A copy of the minutes of December 19, 27, & 31, 1990 and January 2, 1991, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to propose any changes or to accept the same as submitted. RESOLUTION offered by Mr. Tvaroha who moved its adoption, seconded by Mr. Cleveland. RESOLVED that the minutes are hereby accepted as presented. - - Carried Carried Carried Carried On motion, meeting adjourned at the call of the Supervisor at 10:10 P.M. Minutes taken and executed by the Deputy Town Clerk. �7 NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that a public hearing will be held on March 6, 1991 at 7:00 p.m. at the Town Hall of the Town of Lansing sponsored by the Town Board to take input from all members of the Lansing community concerning the Town Board's consideration and implementation of an increase in the local license fee for dogs from $2.50 to $3.00 making the total fee $10.50 from $10.00; spayed or neutered dogs from $2.50 to $3.00 raising the total fee to $5.50 from the present $5.00 fee. By Order of the Town Board Dated: February 21, 1991 Bonita Boles Town Clerk Town of Lansing lJ a ' I NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Lansing will conduct a public hearing on March 6, 1991 at 7:15 p.m, at the Town Hall on the amendment to Ordinance No. 7 of the Town of Lansing relating to licensing and regulating junk yards in the Town of Lansing. Said amendment is to Section 14, adding a paragraph (C). The exact proposed amendment is as follows: Section 14 - Management (C) Commencing .11.1991, every operator of a Junk Yard shall keep a copy of Log, the form of which must be approved by the Town Code Enforcement Officer ( "Log ") which contains the following entries for each vehicle brought into the yard subsequent to the above date: 1. Make - Model - Color - Year 2, Vehicle Identification Number 3. Arrival Date and Disposal Date 4. Certification that the vehicle arrived either with or without an engine and with battery or that both or without a- fuel tank, with or without a the fuel tank and battery were drained and the contents disposed of in a manner which is in conformance with the State of New York Environmental Conservation Law. 5. All entries in the Log shall be made in INK, and it shall be available for review by the Code Enforcement Officer upon request. 6. A sworn statement, duly notarized, by the Person operating the junk yard shall be forwarded to the Code Enforcement Officer of the Town of Lansing showing compliance with this paragraph (C) and itemizing all entries from the Log for the previous year, said statement to be received prior to the annual renewal of the said license. By Order of the Town Board i� Dated: February 21, 1991 Bonita Boles Town Clerk Town of Lansing To Senece Fells G ` own of Lansing ORDINANCE DEPT. Box 186 Lansing, New York 14882 t�r To Auburn To Ithaca Thomas & Katharine Payne 101 Pier Road Ithaca, New York 14850 RE: Building Permit Certificate of Occupancy 30 East Meadow Drive Tax Map 138. -1 -17.9 TOWN of LANSING Home of Industry, Agriculture and Scenic Beauty" February 08, 1991 Dear Mr. & Mrs. Payne: This is to inform you, that at the Town Board meeting February 06, 1991, I was instructed to notify you in writing that a building permit and a certificate of occupancy for your residence could be issued if the following conditions are met: 1. The required pertinent information be supplied for the building permit. 2. Upon completion the structure meets all requirements of the New York 11 1 Building Codes. To Ithaca Thomas & Katharine Payne 101 Pier Road Ithaca, New York 14850 RE: Building Permit Certificate of Occupancy 30 East Meadow Drive Tax Map 138. -1 -17.9 TOWN of LANSING Home of Industry, Agriculture and Scenic Beauty" February 08, 1991 Dear Mr. & Mrs. Payne: This is to inform you, that at the Town Board meeting February 06, 1991, I was instructed to notify you in writing that a building permit and a certificate of occupancy for your residence could be issued if the following conditions are met: 1. The required pertinent information be supplied for the building permit. 2. Upon completion the structure meets all requirements of the New York State and Local Building Codes. GLT /dsc Respectfully yours, George L. Totman Planning, Zoning and Code Administration To Seneca Falls G � , 1 own of Lansing Box 186 Lansing, N. Y. 14882 To Auburn TOWN of LANSING "Home of Industry, Agriculture and Scenic Beauty" 1 To Ithaca The following Resolution was unanimously adopted at the Lansing Town Board Meeting held on February 06, 1991. RESOLUTION offered by Mr. Emmick, who moved its adoption, seconded by Mr. Tvaroha: RESOLVED, that the Lansing Town Board authorizes Supervisor Kirby to sign the recycling contract with Tompkins County. Vote of Town Board . . . . . (Aye) Vote Vote Vote Vote of Town of Town of Town of .Town Board . . . Board . . . Board . . . Board . . . . . (Aye) . . (Aye) . . (Aye) . . (Aye) STATE OF NEW YORK ) COUNTY OF TOWN OF LANSING TOMPKINS ) ss: ) t r �� Ilk .. 1 To Ithaca The following Resolution was unanimously adopted at the Lansing Town Board Meeting held on February 06, 1991. RESOLUTION offered by Mr. Emmick, who moved its adoption, seconded by Mr. Tvaroha: RESOLVED, that the Lansing Town Board authorizes Supervisor Kirby to sign the recycling contract with Tompkins County. Vote of Town Board . . . . . (Aye) Vote Vote Vote Vote of Town of Town of Town of .Town Board . . . Board . . . Board . . . Board . . . . . (Aye) . . (Aye) . . (Aye) . . (Aye) STATE OF NEW YORK ) COUNTY OF TOWN OF LANSING TOMPKINS ) ss: ) Jeannine Kirby, Supervisor Herbert Beckwith, Councilman Jeffrey Cleveland, Councilman Louis Emmick, Councilman Larry Tvaroha, Councilman I, Bonita Boles, Town Clerk of the Town of Lansing, do hereby certify that I have compared the preceeding resolution with the original thereof filed in my office in the Town Hall, Town of Lansing, Tompkins County, New York, adopted the 6th day of February, 1991, and the same is a true and correct copy of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Town this 20th day of February, 1991. 'y jiri 40 L 12 Bonita Boles, Town Clerk Town of Lansing, County of Tompkins New York Thaler & Thaler Attorneys ano Counselors Louis K. Thaler ('003 -1979) Nathaniel F. Knacn.en 11951 -19901 Richard B. Thaler Frederick Beck. _ Richaro T. John Karen E. Solari Guy K. Krogh E. Adam Leyens March 8, 1991 George Schlecht, 129 North Street P.O. Box 1108 Dryden, New York P.E., L.S. 13053 Re: Gulf Creek Subdivision Dear Mr. Schlecht: 309 North Tioaa Street P.O. Box 266 Ithaca. New York 14851 -0266 Teieonone: 607 272 -2314 Teiecooier: 607 272 -8466 rice of pleadings oy F.LX not acceoted It is my unclerstanaing from 161w11 uval_u ��A"� .. .z - -- amenable to the re- phasing of the above subdivision generally in accord with your letter of February 6, 1991, The Town's willingness to the revamping of the phasing is contingent upon your client's willingness to install and dedicate to the Town, pursuant to Town specifications, the road known as Teeter Road from the west line of lot 20 to the east line of lot 1 as shown on the Leathers & Associates drawing of September 14, 1990, revised September 19, 1990 and October 30, 1990. Also the road known as Gulf Creek Heights Road and Smugglers Path from the south line of the subdivision to a temporary turnaround either at the north line of lot 10 if lot 11 is not to be included or from the north line of lot 11 if lot 11 is to be included in Phase I. The type of turnaround and its dimensions will be of a nature and type acceptable to the Town Highway Superintendent and Town Engineer. All of the rest of Gulf Creek Heights Road as shown on said plat to its intersection with Teeter Road is to be installed as part of Phase I. This would allow the development of lots 1 through 10 (lot 11 if to be included pursuant to this letter), lots 15 through 20. In the event that lots 21 and 22, 24 and 25 are to be included in Phase I, the development of Teeter Road will need to be extended to the point opposite the west line of Lot 22. In addition, the water line is to be installed along all parts of the road to be dedicated on the south side of Teeter Road and along Gulf Creek Heights Road and Smugglers. Path, all as shown on said map. The terminus of the west end of the water line shall be at a point opposite the Logue property if the Logues convey the appropriate amount af_ land to the widening of Teeter Road which may correspond with your suggested 25 feet west of the boundary between lots 21 and 22. A Letter of Credit to cover the installation expense of running the water line along Smugglers Path from its terminus in Phase I to the terminus of the water line at the point on Teeter Road as contemplated in Phase I. It will also cover the completion of Smugglers Path to Teeter Road and the completion of Teeter Road from the improvement opposite the Logue property to the extension of Smugglers Path. The installation of these remaining items shall be pursuant to a written agreement between the Town and your client which will specify that the completion of the work to be done be within seven years from the date of the agreement or within six months of a letter from the Town requesting that the same be done. The Letter of Credit may not be expended for the purpose of those improvements unless there is an agreement in writing between your client and the Town to apply such funds for that purpose. Phase II will be pursuant to your letter. Phase III will be pursuant to this letter and to include the development of lots 23, 14, 13, 12 and 11. Locations of temporary turnarounds will be with the approval and upon consultation with the Town Engineer and Town Highway Superintendent. In the event that your clients are required to rebuild Teeter Road in front of lots 22, 23, 14 to its intersection with Smugglers Path and in the event that the appropriate amount of additional right of way cannot be obtained from the Tuddenhams or their successors, the Town has indicated a willingness to go with a fifty -five foot right of way in front of the Tuddenham property. Please advise if the contents of this letter are satisfactory to your client, in which case I will prepare the necessary agreement for submission to Mr. Winn. Sincerely yours, Richard B. Thaler RBT /pks cc: Mrs. Jeannine Kirby Mr. David Herrick i AGREEMENT FOR PUBLIC WATER THIS AGREEMENT, made the 14th day of February, 1991, by and between the Town of Lansing, a municipal corporation, on behalf of a water district to be formed to be known as Lansing Water District No. 12, hereinafter referred to as "the Town" and Charles Tallman and Leo J. Mahool, d/b /a Lakewatch Development, hereinafter referred to as the "Owners ". WHEREAS, The Town is forming a water district known as Lansing Water District No. 12 by which water from the Southern Cayuga Lake Intermunicipal Water Commission is provided to residents in a section of Lansing Water District No. 12 ( "LWD 12 "); and WHEREAS, Owners own property which has been subdivided located adjacent to Lansing Water District No. 7, this property is located on several roads to be dedicated to the Town connecting to East Shore Circle in the Town of Lansing and the Owners have requested permission to hook -up individual residential houses located on the property to the newly formed water lines constituting a part of LWD 12; and WHEREAS, The Town, on behalf of LWD 12 is willing to provide this service on an emergency temporary basis pursuant to certain terms and conditions; and WHEREAS, the parties hereto are desirous of setting forth in writing their agreement. NOW THEREFORE, for and in consideration of the mutual covenants herein expressed, and other lawful and valuable consideration, the parties hereto agree as follows: 1. Upon the performance of all of the terms and conditions on the part of the Owners, their successors and assigns to be performed, the Town, on behalf of LWD 12 hereby authorizes and grants permission to the Owners to obtain water from Lansing Water District No. 7. 2. The Owners shall install, construct and pay for water transmission lines running from the existing water main in Water District No. 7 to the premises of the Owners, their successors and assigns, and shall install, construct and pay for the connection to the system, which installation shall include a curb box, necessary pipe, meters and appurtenances all in accordance with the specifications of and under the direct supervision of the Southern Cayuga Lake Intermunicipal Water System and the Town Engineer. Any expense incurred as a result of said installation and connection shall be borne by the Owners. 3. That prior to the Owners drawing any water as a result of said connection, the Owners shall file with the Town Clerk a certificate from the Southern Cayuga Lake Intermunicipal Water System indicating that such installation has been accepted by the Southern Cayuga Lake Intermunicipal Water System for use. 4. The Owners, their successors and assigns, shall pay the Town for the water consumption through said connection at a -2- rate of one and one -half times the rate of that charged to users in Lansing Water District No, 7. This rate shall continue until such time as the Owners' property becomes part i of LWD 12 S. The Owners agree that in the event that they or their representatives, successors or assigns fail to make any payments for water consumption, or any other payments required pursuant to this agreement, said unpaid charges shall be placed upon the Town and County Tax Bill for the Owners or their successors or assigns. 6. When the Owners' Development becomes a part property known as Lakewatch of LWD 12, the Owners shall execute a Bill of Sale and such other and further documents as are required by the Town attorney so that LWD 12 becomes the owner of the installed water pipes running from the water main of Water District No. 7 to the curb boxes located in the Owners' property known as Lakewatch Development. 7. In the event that this contract or any part thereof is declared illegal by any Court of competent jurisdiction, any other municipality or department thereof having jurisdiction over the same, the Town, without any liability whatsoever shall, without notice, have the right to terminate the supply of water. In such event, the Owners agree that they have no claim for any damage whatsoever against the Town or any other party acting under the authority of said Town or the Southern Cayuga Lake Intermunicipal Water System, their respective employees, agents or assigns. -3- .t 1. 8. This contract shall be effective as of they date and year when executed by both parties and shall continue until such time as the Owners' property known as Lakewatch Development becomes part of LWD 12 or a successor district servicing the area where the premises of the Owners are located, at which time this contract shall become null and void at the time when all fees called for hereunder have been paid, without any further written document being necessary. 90 The Owners agree to pay the Town Engineer and the Town attorney for any charges which accrue as a result of this agreement, implementation of the same or the installation of the facilities as required by the Southern Cayuga Lake y Intermunicipal Water System. 1 10. This contract is binding upon the parties hereto, their respective distributees, heirs, successors or assigns and Owners agree to have each of the purchasers of land in Lakewatch Development acknowledge to the Town in writing their acceptance and agreement to be bound by the terms of this agreement in so far as it applies to them. In the event that such acknowledgement is not received by the Town, no water shall be authorized to be provided to said premisesD nor will the Town issue a Certificate of Occupancy. .4- i IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above - written. THE TOWN OF LANSING By S pervisor Charles Tallman and L L f' -5-