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Home My WebLink About66.-4-2 2012-12577' Tompkins County Clerk Recording Page Return To Aurora R. Valenti, County Clerk TOWN OF ITHACA Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Document Type: EASEMENT Grantor (Party 1) CORNELL UNIVERSITY Fees Recording Fee $20.00 TP-584 Form Fee $5.00 Pages Fee $50.00 State Surcharge $20.00 Total Fees Paid: $95.00 State of New York County of Tompkins Receipt Number: 12-12951 Grantee (Party 2) ITHACA TOWN OF Transfer Amt: $0.00 Instrument #: 2012-12577 Transfer Tax #: 000742 Property located in Town of Ithaca Recorded on December 18th, 2012 at 3.29:19 PM with a total page count of 10. J"�- e r&,- "�- Tompkins County Clerk c 12/18/2012 03:29:22 PM 2012-12577 A ' 12/18/2012 03:29:19 PM LICENSE AGREEMENT lk THIS AGREEMENT made this S day of 2012, by and between Cornell University, c/o Real Estate Department, Box DH, Ithaca, New York 14853, hereinafter called "Cornell," and the Town of Ithaca, c/o Town Hall, 215 N. Tioga Street, Ithaca, New York 14850, hereinafter called the "Town." WITNESSETH: WHEREAS, Cornell owns certain real property located on Forest Home Drive in the Town of Ithaca (Tax Map Parcel No. 66-4-2); and WHEREAS, the Town would like to use a portion of said real property for public recreational purposes; and WHEREAS, in consideration of the Town's willingness to assume maintenance responsibilities, Cornell is willing to grant permission for such use upon the terms and conditions contained herein. NOW, THEREFORE, the parties agree as follows: 1. Grant: Cornell hereby grants to the Town the right to use, occupy, and maintain that portion of Town of Ithaca Tax Map Parcel no. 66-4-2 bounded by Forest Home Drive to the north and east, the lands of Sidle (R.O.) to the south, and the top of the east bank of Fall Creek, (hereinafter the "Premises"), for use as a Town park. The Premises are more particularly shown on Survey Map Showing A Portion of the Lands of Cornell University Located On Forest Home Drive, Town of Ithaca, Tompkins County, New York, prepared by T.G. Miller P.C. and dated September 23, 2011, which map is attached hereto as Exhibit A. 2. Term and Commencement: The term of this License shall be ninety-nine (99) years, unless sooner terminated as hereinafter provided, commencing upon the date of this Agreement. 3. Condition and Warranties: The Premises are vacant and shall be licensed to the Town in as -is condition. Cornell warrants that it has no actual or suspected knowledge of the past or current presence of storage tanks on or under the Premises, nor of a release or threatened release of hazardous substances or wastes on or under the Premises, as such substances and wastes are defined by applicable federal, state or local environmental laws. Cornell further warrants it has no actual or suspected knowledge of any violations of any federal, state or local environmental laws relating to the Premises. 4. Compliance: Town will comply with all applicable federal, state, and local laws and ordinances, and rules and regulations of any duly constituted authority, with respect to the use or occupancy of Premises by Town, its successors and assigns, including, but not limited to, environmental laws such as the Resource Conservation and Recovery Act (RCRA), National Environmental Policy Act (NEPA), the Clean Water Act (CWA), the Clean Air Act (CAA), Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide and Rodenticide Act, and the Endangered Species Act. 2012-12577 w ' 12/18/2012 03:29:19 PM Town shall procure and maintain in force during the term all permits, authorizations, and licenses necessary for Town's use or operation of the Premises or any portion thereof (including, without limitation, the making, placing, maintaining or altering of the Improvements or any portion thereof). Cornell agrees, upon the Town's request, to cooperate with the Town in obtaining such permits, authorizations, and licenses. 5. Use: Town covenants that neither it nor any assignee nor any sublicensee will (a) use or permit to be used any part of the Premises for any dangerous or noxious trade or business, (b) use or store any hazardous or toxic substances at the Premises, or (c) permit any objectionable noise, smoke, dust, or odors or other nuisance to be maintained at the Premises, or (d) use any chemicals that may negatively impact soil or water quality on the parcel or in the adjacent waterway. The Town shall not dispose of any debris on the Premises or any adjacent land of Cornell and shall not permit others to do so. The Town shall be responsible for the policing of the same and keeping the area reasonably clean. 6. Improvements: The Town shall be free to place or construct any removable, non - powered improvements for passive use of the Premises including, without limitation, picnic tables, park benches, trash receptacles, or other similar structures and equipment. Any other improvements (including without limitation gazebos, shelters, or utility installations) shall require the prior written consent of Cornell in each instance, which consent shall not be unreasonably withheld or delayed. In the event that Cornell exercises its right of early termination pursuant to Section 14 below, it shall compensate Town for the unamortized value of Town's authorized improvements (excluding sidewalks) that cannot be relocated, provided that all such improvements shall depreciate on a straight line basis (without interest) over a ten (10) year period from the date of their installation, such that their value at the end of the tenth year is deemed to be zero. Any such improvements installed by the Town shall be maintained in a good working order at the Town's expense. Upon the expiration or sooner termination of this License, the Town shall remove any improvements it has placed on the Premises and shall leave the same in substantially the same condition as when they were delivered to the Town. Any improvements left on the Premises after the date of termination shall become the property of Cornell. 7. Restrictions on Premises: The Premises are bordered by Cornell Plantations. In order to protect and maintain the integrity of the Plantations natural areas, the following standards and restrictions shall be in effect during the term of the License: a. The Town may not plant, introduce, or maintain on the Premises or the adjacent property of Cornell any of the species defined as invasive by the Tompkins County Environmental Management Council (TCEMC) or by Cornell Plantations. The current list prepared by Cornell Plantations is attached hereto as Exhibit B. Updated lists will be provided to the Town from time to time by Cornell Plantations or as published by Tompkins County. b. The Town shall not cut any trees or damage any plants on the Premises or any adjacent property of Cornell without Cornell's prior written consent, except that the Town may cut or trim trees or remove other obstacles as necessary to maintain safe access along Forest Home Drive upon prior notice to Cornell and the Town may remove, cut and/or control invasive 2 2012-12577 12/18/2012 03:29:19 PM plants listed in Exhibit B. Notwithstanding the above, where the Town must act immediately to assure public safety, the Town may cut or trim trees or remove other obstacles as necessary to maintain safe access along Forest Home Drive, or may remove a hazardous condition on the Premises, without prior notice to Cornell, and the Town may remove any obstacles that block immediate access to the Premises without prior notice to Cornell, provided that the Town provides Cornell with notice as soon as reasonably practicable thereafter. C. No fuel tanks may be installed underground on the Premises. d. This License is subject to the public right-of-way and easements shown on Exhibit A and any other easements of record. The public's rights to use Forest Home Drive, and the Town's rights pursuant to its right-of-way and easements on or under the Premises, are not affected or restricted by the terms of this License. 8 Licensor's Access to Premises: Cornell reserves the right to access the Premises (or to authorize others to do so) at any time in order to maintain its other property, including (without limitation) cutting or removing hazard trees or invasive species in the area between the Premises and the water line; or to maintain facilities in existing easements. Cornell agrees to provide Town with reasonable prior notice of such access, except in emergency situations. Cornell agrees to promptly remove any debris from the Premises following such access and to regrade and reseed the Premises as necessary. 9. No Transfer: The Town may not transfer or assign this License to any third party without the prior written consent of Cornell. 10. Taxes: The Town agrees to pay any and all taxes, assessments, or similar charges, which may be imposed against the Premises by reason of this Agreement, or the Town's use of said Premises, such as increased taxes due to Town improvements or use. Cornell will pay all other taxes, assessments, or similar charges, if any. 11. Indemnification: (a) The Town will indemnify Cornell and its directors officers, employees and agents against, and will defend and hold them harmless from, any claim, demand, action, suit, liability, or judgment whatsoever (including without limitation reasonable investigatory and legal costs) arising out of (i) the use or occupancy of the licensed premises by the Town, its agents, employees, contractors, or invitees, including the public, except to the extent such claims, etc., arise from the negligence or willful misconduct of Cornell, its employees, contractors, agents or invitees, or (ii) the Town's noncompliance with or violation of any applicable federal, state or local environmental law related to the Premises. (b) Cornell will indemnify the Town and its elected officials, public officers, employees and agents against, and will defend and hold them harmless from, any claim, demand, action, suit, liability, or judgment whatsoever (including without limitation reasonable investigatory and legal costs) arising out of (i) the use or occupancy of the licensed premises by Cornell, its agents, employees, contractors or invitees, except to the extent such claims, etc., arise from the negligence or willful misconduct of the Town, its employees, contractors, agents or invitees (including the public), or (ii) Cornell's noncompliance with or violation of any applicable federal, state or local environmental law related to the Premises (including, but not limited to, violations of law related to facilities or environmental conditions at, on, from, under or in the Premises that are in existence prior 3 2012-12577 12/18/2012 03:29:19 PM to the date of this Agreement, regardless of when the environmental conditions become known or when releases from the facilities occur). 12. Maintenance: The Town agrees, at its expense, to maintain the Premises in good order and repair, comparable to the standard of care used to maintain any other Town park. 13. No Rent: This License is provided to the Town without any charge to, or rent payable by, the Town throughout its term. 14. De atilt: In addition to any other remedies at law, in the event of the refusal or failure of the Town to comply with any of the foregoing undertakings, Cornell may upon thirty (30) days written notice specifying the default and providing opportunity to cure, and thereafter if not cured, terminate this License, and the Town agrees that in such event and upon demand it will immediately remove from and cease to use or occupy the Premises. If the default is not capable of cure within thirty (30) days, Cornell may terminate this License if after written notice the Town has not undertaken all actions necessary to begin curing the default within thirty (30) days and/or thereafter does not diligently pursue such actions until a cure is achieved. 15. Early Termination: The Town may terminate this License upon thirty (30) days written notice to Cornell at any time, for any reason. Cornell may terminate this License upon two (2) years prior written notice to the Town should it need the property back for educational purposes. 16. Right of First Re usal: During the term of this License, before Cornell may sell the Premises to a third party, Cornell shall first offer the Town the right to purchase the Premises on the same terms and conditions as are offered by the third party. The Town shall have thirty (30) days during which to accept said offer. If the Town does not accept said offer within said period, Cornell shall be free to accept the third -party offer. If Cornell does not enter into an agreement with the third party on said terms and conditions and close the transaction within ninety (90) days of its acceptance of the third -party offer, Cornell's right to sell the Premises to the third party shall expire and the procedure described in this section shall again be applicable. 17. Notices: Any notice hereunder shall be hand delivered or sent by certified or registered mail, return receipt requested, or by commercial express delivery service such as Federal Express, if to Cornell to: and to: Cornell University c/o Real Estate Department Box DH-Real Estate 15 Thornwood Drive Ithaca, New York 14850 Cornell University Office of University Counsel, 300 CCC Building/Garden Avenue Ithaca, New York 14853 n 2012-12577 12/18/2012 03:29:19 PM and, if to the Town: Town of Ithaca Town Supervisor 215 N. Tioga Street Ithaca, New York 14850 or to such other address as either party may designate (in the same manner as any notice) from time to time. Notices shall be deemed received upon receipt. 18. Binding Effect: This Agreement shall be binding up the parties hereto and their respective successors and assigns. 19. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes any and all prior written or oral agreements, negotiations or understandings, existing between the parties. This Agreement may be amended only by written instrument signed by each party. IN WITNESS WHEREOF, the parties hereto have signed this License as of the date first above written. TOWN OF ITHACA By: 4* <�� Arbertt J. man CORNELL UNIVERSITY By: J anne M. DeStefano Vice President for Finance and CFO 5 2012-12577 12/18/2012 03:29:19 PM State of New York ) County of Tompkins �, Q ) ss.: On the i��\ day of (J�e 44— in the year 2012 before me, the undersigned, personally appeared Herbert J. Engman, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public PAULETTE TOMLUOM Nam► PW ft State of New bb k No.OITE6156806 State of New York ) DMIMedIn County of Tompkins ) ss.: �MWWn='.%=.Co►�00�' On the Z3 day of ' in the year 2012 before me, the undersigned, personally appeared Joanne De Stefano, p rsonally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. otary blic KAY H FORD Notary Public - State of New York N0.01F06230397 Qualified in Tompkins C un y My Commission Expires 6 2012-12577 Species name 12/18/2012 03:29:19 PM EXHIBIT B Invasive Plants of the Ithaca, New York Area acer campestr•e ,acer ginnala Acer platanoides * Aegvpoclium poc[ctgr-arict Ailanthus altissini ` Akebiu yuinata Alliaria petiolata * Alltum vinectle Alnus glutinosa Ampe!opsis brevipedunculata Artemisia vulgaris * Berberis thunbergii Berberis wilgaris Campanula rapunculoides Cardamine hirsttta Celastrits orbtcttlata Centaureajacea Centaurea maculosa Cirsium arvense Con vallaria majalis Coroni/la varia * C,vnanchum louiseae * (Vlncetosicum nigrum) Cynanchum rossician* (Vinceto.ricum rossicum) Elaeagnus unibe/lata* Euonvmus a/ata Etton nws jbi-riinei Euphorbia esida Fallopia bohemica * (Polegoauni bohemicuni) Fallopia japonica * (Polygonuni cuspidatum) Galium inolh,o Hedera hell-r Hemerocallis jidva Herac!eunt mia!re;;a..icu!um Hesperis matronalis lrts .ieudacor us Ligustrum obatsifirlium Li; rstrunt oiulifblinni Li, isrrun, u!;art Lnnicera japonica Looricei'a rnaac.kti Common name Family hedge maple Aceraceae Asian maple Aceraceae Norway maple Aceraceae gouMeed. bishop's weed Apiaceae ailanthus, tree -of -heaven Simaroubaceae akebia Lardizabalaceae Yarlic mustard Brassicaceae wild onion, onion -grass Alliaceae European black alder Betulaceae porcelain -berry Vitaceae mugwort Asteraceae Japanese barberry Berberidaceae European barberry Berberidaceae creeping bellflower Campanulaceae hairy cress Brassicaceae Asian bittersweet Celastraceae black or brown knapweed Asteraceae spotted knapweed Astemceae creeping thistle Asteraceae lily -of -the -valley Convallariaceae crownvetch Fabaceae black swallow•wort Apocynaceae pale swallow -wort Apocynaceae autumn olive Elaeagnaceae burning -bush, winged euonymus Celastraceae evergreen bittersweet Celastraceae leafy spurge Euphorbiaceae giant knotweed Polygonaceae Japanese knotweed Polygonaceae white bedstraw Rubiaceae English i•.y Araliaceae daylily Hemerocallidaceae zianc hog,.veed .Apiaceae rocket Brassicaceae yellow-tlag iris lndaceae .Amur River pritier Oleaceae California pri\,et Oleaceae common pri,.et Oleaceae Japanese hor.L-,uckl. CapriColiaceae Maack's honeysuckle Caprifoliaceac 2012-12577 'I, . 12/18/2012 03:29:19 PM Lonicera nrorro�kii* and hybrids honeysuckle Caprifoliaceae Lonicera tatarica* and hybrids Tartarian honeysuckle Caprifoliaceae Lonicera xylosteum honeysuckle Caprifoliaceae Lysimachia nummularia moneywort, creeping jenny Primulaceae Lythrum salicaria purple loosestrife Lythraceae Medus baccata, floribunda, sylvestris and hybrids crabapple Rosaceae Microstegium vimineum* stilt -grass Poaceae Myosotis scorpioides forget-me-not Boraginaceae Myriophylhtm spicatum Eurasian water-milfoil Haloragaceae Phalaris antndinacea reed canary grass Poaceae Phellodendron amurense Amur cork -tree Rutaceae Phragmites australis* giant reed, phragmites Poaceae Picea abies Norway spruce Pinaceae Potamogeton crisprts curly pondweed Potamogetonaceae Ranunculus ftcaria * lesser celandine Ranunculaceae Rhamnus cathartica * buckthorn Rhamnaceae Rhamnus frangula* (Frangula alnus) alder buckthorn Rhamnaceae Robinia pseudo -acacia black locust Fabaceae Rosa multiflora* multitlora rose Rosaceae Rubes caesius European dewberry Rosaceae Rubes phoenicolasitts wineberry Rosaceae RLtnrer acetosella sheep sorrel Polygonaceae Solanum dulcamara bittersweet nightshade Solanaceae Torilis japonica Japanese hedgeparsley Apiaceae Viburnum opulus ssp. opuhts European cranberry viburnum Caprifoliaceae Vinca nrinor periwinkle Apocynaceae Wisteria sinensis wisteria Fabaceae * The most invasive species in this area. I have only included species I believe should be of concern for management of wild or natural landscapes, or low -intensity agriculture such as pastures or hay fields. F. Robert Wesley, September 2010 2012-12577 12/18/2012 03:29:19 PM RUM r z 0 o�� D oh�C 0 1m x z z LP J N A�> z� � Wz � y 0 w � Eo,�q�Fo oy� n o O N a T D FOREST HOME -- DRIVE cwxo ftL QRlp�E- AN 56'40�� E 75.00• t f 1 b �m � I •�A �z ro A I opAj '1 E I yco m I> I O I i ~ of I u20as E N N V V IDS m , 1 2 I Z w N - � I� I �� I AE I a c o I I z n rf) w� 'r i t p z � pp P to Ol C rti 10 a A'z I u L75.35'L Su•00•22"ws 5+ oozs' w 115680TOTAL .45' (p r0pFrNCE j y I O� �2 y I I I I I 70 S �zO� 1 pmyZ� rrn G1 1 iyArn rn OO�XO Z O 1 QZ o M z � I , 7 O m 1, , 1 ,p I U. C, , I , i rn I I , M I ~ 2 I �i I I "I I o tn �I n V � U �� ca oRr �°�,splucr�oRn,E