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HomeMy WebLinkAbout2016-08075 Tompkins County Clerk Recording Page Return To Maureen Reynolds, County Clerk ITHACA TOWN OF Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Document Type: MISC Receipt Number: 16-133320 Party 1 Party 2 ITHACA TOWN OF MITCHELL VENTURES LLC Fees Recording Fee $0.00 Instrument #: 2016-08075 Pages Fee $0.00 State Surcharge $0.00 Total Fees Paid: $0.00 State of New York County of Tompkins Filed on July 15th, 2016 at 10:32:59 AM with a total page count of 11. xn � Qlj-&� Tompkins County Clerk This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York Ac Do Not Detach 2016-08075 07/15/2016 10:32:59 AM Ithaca Beer Company Stonnwater Maintenance Agreement —Mav 2016 AMENDED OPERATION,MAINTENANCE, AND REPORTING AGREEMENT THIS AMENDED AGREEMENT is effective this day o 2016, by and among the TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga Street, Ithaca, New York 14850 (the "Town"), and MITCHELL VENTURES, LLC, a New York limited liability company having offices at 606 Elmira Road, Ithaca, New York 14850, and NUT BROWN REALTY, LLC, a New York limited liability company having offices at 606 Elmira Road, Ithaca, New York 14850, (collectively, the "Owner"). WITNESSETH: WHEREAS, Mitchell Ventures, LLC received final site plan and final subdivision approval for the "Ithaca Beer Company Development" (the "2011 Approval") from the Town's Planning Board by resolution number 2011-066 dated August 16, 2011 on tax parcels 33.-3-2.2, 31.-3-3.12 and 33.-3-2.9 at the private road formerly referred to as "Mancini Drive" and now known as "Ithaca Beer Drive" in the Town of Ithaca, Tompkins County, New York; and WHEREAS, Mitchell Ventures, LLC received final site plan and final subdivision approval for the "Ithaca Beer Company Addition" (the "2014 Approval") from the Town's Planning Board by resolution number 2014-053 dated October 7, 2014 on tax parcel 33.-3-2.10 on Ithaca Beer Drive in the Town of Ithaca, Tompkins County, New York; and WHEREAS, such Approvals were granted conditionally upon the construction, maintenance and implementation of approved stormwater facilities and/or other stormwater management practices, submission of stormwater inspection reports, and an agreement with the Town regarding the same; and WHEREAS, pursuant to the 2011 Approval, the Town and Owner entered into a stormwater Operation, Maintenance and Reporting Agreement dated October 4, 2011, and recorded in the Tompkins County Clerk's office on October 18, 2011 as Instrument No. 58229-001; and WHEREAS, a condition of the 2014 Approval requires Owner to enter into an updated stormwater Operation, Maintenance and Reporting Agreement with the Town; NOW, THEREFORE, in consideration of the granting of the 2011 and 2014 Approvals and in furtherance of the public purposes of providing adequate stormwater retention and maintenance, the parties agree as follows: 1. Construction of Facilities and Implementation of Practices. (a) The Owner agrees to construct all of the stormwater management facilities, erosion and sedimentation control facilities and storm drainage facilities (collectively referred to as the "Facilities") shown on the final plans which are part of the 2011 and 2014 Approvals, copies of which are on file in the Town of Ithaca offices. Without limiting the foregoing, the Owner agrees to construct, at its expense: Page 1 of 7 06/14/16 2016-08075 07/15/2016 10:32:59 AM Ithaca Beer Company Stormwater Maintenance Agreement —May 2016 (i) The stormwater facilities approved in accordance with Planning Board Resolution No. 2011-066 dated August 16, 2011, which shall be located substantially as shown on the Final Site Plan dated July 18, 2011, prepared by T.G. Miller, P.C. for Ithaca Beer Company, Inc., on Ithaca Beer Drive (formerly Mancini Drive) (see, in particular, sheets C103, C104, C 105 and C203) (referred to in this Amended Agreement as the "2011 Drawings"); and (ii) The stormwater facilities approved in accordance with Planning Board Resolution No. 2014-053 dated October 7, 2014, which shall be located substantially as shown on the Final Site Plan dated September 30, 2014, prepared by T.G. Miller, P.C. for Ithaca Beer Company, Inc., on Ithaca Beer Drive (formerly Mancini Drive) (see, in particular, sheets C100, C101, C102, C103, C201, and C202) (referred to in this Amended Agreement as the "2014 Drawings"); and (iii) All other Facilities, including pipes, mains, drains, outlet and inlet structures, manholes, and all other drainage-related facilities and structures, whether above or below grade, which shall be located substantially as shown on the 2011 and 2014 Drawings; and (iv) Such future Facilities as may be required to be constructed by applicable laws, rules, or regulations. (b) The Owner further agrees to implement, at its expense, all approved stormwater management practices ("Practices"), in addition to the Facilities, that are required as part of the 2011 and 2014 Approvals, and such future Practices as may be required by applicable laws, rules, or regulations. (c) All of the Facilities and Practices in subparagraphs (a) and (b) above shall be constructed and implemented as shown on the 2011 and 2014 Drawings, in accordance with good engineering practice and applicable New York State standards and specifications, and to the reasonable satisfaction of the Town Engineer. 2. Inspection, Maintenance and Repair of Facilities and Practices. The Owner agrees for itself, its legal representatives, successors and assigns and any other persons or entities who obtain title to or an interest in any portion of the properties on which any of the Facilities or Practices are located, such agreement being expressly intended to run with the land and be binding forever, to operate, maintain and repair the Facilities and Practices to insure that they continue to function for their intended purpose and as designed. In furtherance of such obligation, and without limiting the obligations set forth in the preceding sentence, the Owner agrees to follow the maintenance plans for regular and recurring inspections and maintenance of the Facilities and Practices which are part of the 2011 and 2014 Approvals and are set forth in the approved Final Stormwater Pollution Prevention Plan revised August 26, 2011, prepared by T.G. Miller, P.C., and the approved Final Stormwater Pollution Prevention Plan dated December 5, 2014, prepared by T.G. Miller, P.C. In addition, the Owner shall perform such other inspections, maintenance and repair as may be reasonably required by the Town Engineer in order to assure the continued operation of the Facilities and Practices as intended and designed. The Owner, at its own expense, shall perform all of the foregoing inspections, maintenance and repair and any other inspections, maintenance and repair reasonably necessary to keep all Facilities and Practices functioning in a good and workmanlike manner. Page 2 of 7 06/14/16 2016-08075 07/15/2016 10:32:59 AM Ithaca Beer Company Stormwater Maintenance Agreement -MaY 2016 3. Town Inspections, Repair and other Activities. The Owner shall grant to the Town the permanent easement and right-of-way which is attached to this Amended Agreement as Exhibit A. The Owner agrees the Town may enter upon the property described in Exhibit A or any portion thereof for the purposes of observing and inspecting the Facilities and Practices at any time and from time to time as may be deemed appropriate, necessary or desirable by the Town, the Town Engineer, or other officers or employees of the Town, and to make repairs to and undertake other actions regarding the Facilities and Practices as set forth below. If maintenance deficiencies are found as a result of such inspections, the Town Engineer will notify the Owner in writing, and the Owner shall cause needed repairs to be made and/or needed maintenance performed within the number of days set forth in such notice. If the Owner fails to complete the repairs and/or maintenance to the satisfaction of the Town Engineer within the required period, the Town reserves the right (but does not have the obligation) to have the repairs made and/or maintenance performed and will charge the Owner for the cost of such repairs and maintenance. The Owner agrees to pay for such repairs and maintenance within 10 days after demand for same. Notwithstanding the foregoing, if an emergency exists requiring immediate action, the Owner hereby authorizes the Town, its officers, agents, contractors and employees, to enter upon the property and effect emergency repairs to and perform emergency maintenance on, and/or to alter, remove, replace, or change the size of, any portion of the Facilities or Practices in the event of a threat to the safety of the Facilities, Practices or properties adjacent to or downstream of any portion of the Facilities or Practices, with the cost of such activities to be reimbursed by the Owner to the Town within 10 days of demand for same. When any portion of any Facility or Practice is located off-site or on the property of a third party, the Owner, at its sole cost and expense, shall obtain easements and rights-of-way thereto acceptable to the Town. 4. Contest of Bills. In the event the Town makes repairs or undertakes emergency activities as described in paragraph 3 above and issues a demand for reimbursement, and the Owner disputes either the need for the repairs/activities or the cost of the repairs/activities, the Owner, in lieu of paying the amount demanded shall, within 10 days of receipt of the demand, deliver to the Town Clerk at the Town offices a Notice of Contest stating that the need for the repairs/activities, or cost, or both, is in dispute and concisely stating the basis for the dispute. Failure to serve such a Notice of Contest shall be deemed a waiver of any claim or defense that the amount demanded is not justified. If the Notice of Contest is timely filed, the Town shall, within forty-five days of the filing, arrange for a hearing before the Town Board which, based upon any relevant materials presented by the Town Engineer and the Owner, shall issue a resolution determining the dispute within 10 days after the hearing. Such resolution shall be filed with the Town Clerk, who shall arrange for delivery of a copy of the resolution to the Owner, within five days after such filing, at the address for such Owner set forth at the outset of this Amended Agreement or at such other address as the Owner may designate in writing to the Town Clerk and Town Engineer. If the Owner disagrees with the resolution, it may bring a proceeding pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York, provided such proceeding is commenced within 30 days of the filing with the Town Clerk of the decision of the Town Board. The Owner agrees to the shortened statute of limitations of 30 days within which it must assert its claims in any Article 78 proceeding. Failure to timely institute such a proceeding shall be deemed an agreement with the decision of the Board. 5. Addition to Taxes. In the event the Town makes repairs or undertakes emergency activities as described in paragraph 3 above and the Owner fails to reimburse the Town for the cost of said repairs/activities within 10 days after the demand for same, or, if contested by the proceedings set forth above, fails to so reimburse within 30 days of the filing of the final decision on the contest determining the amount due to the Town, then such unpaid costs, expenses and interest at the per Page 3 of 7 06/14/16 2016-08075 07/15/2016 10:32:59 AM Ithaca Beer Company Stormwater Maintenam e Agreement —MaY 2016 annum rate of 9% incurred from the date of repair/activity shall constitute a lien upon the land on which the Facilities or Practices are located. The Town may bring a legal action or proceeding to collect such costs, expenses, interest, and recoverable attorney's fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property and Owner so that the Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs, expenses and interest upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The Owner agrees that the assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. In any action or proceeding brought hereunder, the prevailing party shall be entitled to recovery from the other party of its reasonable costs in prosecuting or defending any action, including reasonable attorneys' fees. The prevailing party shall be determined by the court determining the matter. "Prevailing party" shall mean a party which is awarded all or substantially all of the relief demanded by such party. 6. Inspection Reports. The Owner shall submit an annual stormwater inspection report to the Town Engineer on or before the first day of October of each year, with the first report being submitted the first October following the issuance of the Building Permit. Notwithstanding the foregoing, Owner shall submit stormwater inspection reports on a more frequent basis or on a different timetable where required by the 2011 or 2014 Approvals or by law, rule or regulation. Such reports shall, at a minimum, include the location of the property, Owner's contact information, a summary of completed inspections and results of such inspections, and a summary of any maintenance activities or corrective actions undertaken. Reports shall be signed by the Owner or other legally responsible party, and shall attest to the accuracy of the information provided in the report. Failure to submit the reports, or the submission of inaccurate reports, shall constitute a condition of non-compliance with the site plan Approvals and be subject to enforcement as outlined below. 7. Alterations and Discontinuation of Facilities and Practices. The Owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the Facilities or Practices except in accordance with written approval of the Town and pursuant to any applicable requirements for modification of site plans. 8. Additional Requirements. The Owner shall comply with all Town of Ithaca stormwater operation, maintenance or reporting local laws, ordinances and regulations as they now exist or are hereafter added or amended. The parties agree to amend this Amended Agreement as necessary to incorporate the requirements of any new or amended laws, ordinances or regulations. 9. Recording. This Amended Agreement shall be recorded in the office of the Tompkins County Clerk and when recorded shall be referenced to the deeds for tax parcels 33.-3-2.2 and 33.-3- 2.10. The costs of recording and referencing to affected deeds and parcels of land shall be the responsibility of the Owner. Page 4 of 7 06/14/16 2016-08075 07/15/2016 10:32:59 AM Ithaca Beer Company Storinwater Maintenance Agreement —May 2016 10. Binding Effect and Enforcement. (a) The Owner, its legal representatives, successors and assigns, and any other persons or entities who obtain title to or an interest in any portion of the properties on which any of the Facilities or Practices are located shall be bound by the terms of this Amended Agreement. The Owner shall execute whatever documents are necessary to make this Amended Agreement binding on any persons or entities who obtain title to, or an interest in, any portion of the properties on which any of the Facilities or Practices are located. (b) Failure to comply with any of the requirements of this Amended Agreement shall, without limiting the remedies otherwise available to the Town, constitute a condition of non- compliance with the site plan Approvals, shall be deemed a violation of the Town's Zoning Ordinance, and shall be subject to enforcement as outlined in Section 270-239 of the Town of Ithaca Code and Section 268 of the Town Law. 11. Representation as to Authority. Each of the persons executing this Amended Agreement on behalf of the parties represents that he or she has full authority to execute the same on behalf of his or her party, and that by his or her execution, the party for which he or she is executing this Amended Agreement is fully bound by its terms. 12. Limitation upon Town Liability and Indemnity. The Town shall not be liable or responsible for any injury to persons or damage to property due to the Town's actions, or failures to act, under or pursuant to this Amended Agreement, unless it is proven to a reasonable degree of certainty that such injury or damage was caused by a reckless or intentional wrongful act of the Town or, where the Owner is not in breach of this Amended Agreement and no emergency situation exists, by the Town's negligence. The Owner agrees to indemnify and hold harmless the Town and its elected officials, employees, agents, subcontractors and consultants for all damages, losses and claims that arise out of the Owner's and/or Town's actions or failures to act under or pursuant to this Amended Agreement, except this indemnification shall not extend to the proportion of damages, losses and claims caused by a reckless or intentional wrongful act of the Town or, where Owner is not in breach of this Amended Agreement and no emergency situation exists, by the Town's negligence. Such indemnity shall include the costs of defending any action, including reasonable attorney fees, expert fees, and other litigation costs. 13. Waivers. Where the Town Board finds that, due to the special circumstances of a particular case, a waiver of certain requirements in this Amended Agreement is justified, a waiver may be granted. In all cases, no waiver shall be granted unless the Town Board finds and records in its minutes that: (1) granting the waiver would be in keeping with the intent and spirit of this Amended Agreement, and is in the best interests of the community; (2) there is no adverse effect upon the character, appearance, or welfare of the neighborhood and any watercourses, watersheds, or surface waters; (3) there are special circumstances involved in the particular case; (4) denying the waiver would result in undue hardship, provided that such hardship has not been self-imposed; and (5) the waiver is the minimum necessary degree of variation from the requirements of this Amended Agreement. 14. Assignment. The Town may assign this Amended Agreement and any of its rights, duties and obligations to any successor entity or governmental institution, or to any one or more drainage or other districts hereafter created by the Town. Page 5 of 7 06/14/16 2016-08075 07/15/2016 10:32:59 AM Ithaca Beer Company Stormwater Maintenance Agreement —May 2016 15. Severability. In the event that any portion of this Amended Agreement is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. IN WITNESS WHEREOF, the parties have executed this Amended Agreement effective the day and year first above written. TOWN OF ITHACA 2016 By: William D. Goodman, Supervisor MITCHELL VENTURES, LLC NUT BROWN REALTY, LLC 2016 By: By: Dan YNfitchell, Manager Dan L. itchell, Manager Page 6 of 7 06/14/16 2016-08075 07/15/2016 10:32:59 AM Ithaca Beer Company Stormwater Maintenance Agreement —May 2016 STATE OF NEW YORK COUNTY OF TOMcP�KINS : ss.: On the day of� in the year 2016 before me, the undersigned, personally appeared William D. Goodman 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. 1012L- Notary Public PAULETTE TERIAIILLIGER Notary Public,State of New Yak No.01TE6156809 Qualified in Tompkins County Commission Expires December 4,20 STATE OF NEW YORK COUNTY OF TOMPKINS : ss.: On the day 6£__._ . u__- in the year 2016 before me, the undersigned, personally appeared Dan L. Mitch 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 Pu Debra DeAugistine Notary Public-State of New York No.01DE6148035 Oualified in Tompkins County d My Commission Expires June 19,2 /O p:AVictoriaAREAL ESTATE\MISCELLANEOUS FILESVIthaca BeerAOperation.Maintenance&Reporting Agreement—Ithaca Beer v2.doc Page 7 of 7 06/14/16 2016-08075 07/15/2016 10:32:59 AM y RIGHT-OF-WAY AND EASEMENT THIS INDENTURE is made as of the 14`" day of July, 2016, by and between NUT BROWN REALTY, LLC (the "Grantor"), MITCHELL VENTURES, LLC ("MV"), both New York limited liability companies having offices at 122 Ithaca Beer Drive, Ithaca, New York 14850, and the TOWN OF ITHACA, an incorporated municipality of the State of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 (the "Town"). WITNESSETH: That the Grantor, in consideration of One and 00/100 Dollar ($1.00) and other good and valuable consideration paid by the Town, the receipt and sufficiency of which are hereby acknowledged by the Grantor and the Town, does hereby grant and release unto the Town, its successors and assigns forever, a RIGHT-OF-WAY and EASEMENT to lay, construct, operate, make observations of, inspect, maintain, alter, repair, remove, replace or change the size of drainage, stormwater and/or sediment control facilities, including ditches, ponds, and other and related appurtenances and devices, together with the rights of free ingress and egress in, over, upon and under the below-described parcels of land, such parcels being the areas of the permanent easements and rights-of-way, and including the right to trim and/or remove obstructing trees, shrubs and other obstructions on said parcels of land situate in the Town of Ithaca, County of Tompkins and State of New York, all as more particularly shown on a map entitled "ADDITION FOR THE ITHACA BEER COMPANY, 122 ITHACA BEER DRIVE, ITHACA, NEW YORK, 14850," made by T.G. Miller, P.C., dated September 30, 2014, and, in particular, shown on "GRADING AND DRAINAGE PLAN," Sheet C102, and on "EROSION AND SEDIMENT CONTROL PLAN," Sheet C 103 thereof, a copy of which map has been filed with the Town of Ithaca. Said right-of-way and easement is on premises currently identified as Town of Ithaca Tax Parcel 33.-3-2.10 and is a 20-foot wide right-of-way and easement centered 10 feet on either side of each of said drainage, stormwater and/or sediment control facilities, including ditches, ponds and other and related appurtenances and devices, as and when installed, together with the rights of free ingress and egress over said premises as reasonably necessary to access said easement areas. FURTHER WITNESSETH: That, in consideration of One and 00/100 Dollar ($1.00) and other good and valuable consideration paid by the Town, the receipt and sufficiency of which are hereby acknowledged by the Grantor, MV and the Town, MV does hereby grant and release unto the Town, its successors and assigns forever, a RIGHT-OF-WAY and EASEMENT over the private drive referred to as Ithaca Beer Drive, and the Grantor grants and releases unto the Town, its successors and assigns forever, a RIGHT-OF-WAY and EASEMENT over the private drive running northwesterly from Ithaca Beer Drive, for ingress to and egress from the easement areas described above. The location of said Ithaca Beer Drive and said private drive are shown on the map entitled, "SUBDIVISION PLAT SHOWING LANDS OF MITCHELL VENTURES, LLC, LOCATED ON NYS ROUTE 34/96 & NYS ROUTE 13A, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK," made by T.G. Miller, P.C., dated April 5, 2011 and filed in the Tompkins County Clerk's Office on September 8, 2011 as Instrument Number 580343-001, and are located on premises currently identified as Town of Ithaca Tax Parcels 33.-3-2.2 and 33.-3- 2.10, respectively, 2016-08075 07/15/2016 10:32:59 AM FURTHER WITNESSETH: That the Grantor and MV each covenant and agree that no buildings or structures shall be constructed within the aforesaid rights-of-way and permanent easements which will in any way interfere with complete access by the Town, its successors, assigns, employees and agents to lay, construct, operate, make observations of, inspect, maintain, alter, repair, remove, replace or change the size of any drainage, stormwater and/or sediment control facilities, including ditches, ponds, and other and related appurtenances. AND, the Grantor and MV each further covenant and agree for themselves, respectively, and all of their respective successors and assigns, as follows: 1. No trees or other plants will be planted or cultivated that may interfere with the said easements and rights-of-way. 2. The Grantor and MV, respectively, will not permit or conduct any construction that will interfere with complete access by the Town, as set forth herein, or any mining, excavation or blasting within said easement and right-of-way areas. 3. The Grantor, and MV, respectively, will not engage in any conduct, directly or indirectly, that blocks, obstructs, or interferes with the ingress and egress rights of the Town, its successors, assigns, employees and agents as provided herein. 4. The Grantor, and MV, respectively, will place the following provision in all conveyances of the subject property or portions thereof covered by this easement, or any rights therein: "Being the purpose of the said drainage easement and right-of-way to convey rights to the Town of Ithaca for drainage, storm sewer, sediment control and stormwater management purposes, including the conveyance of rights to said Town to lay, construct, operate, make observations of, inspect, maintain, alter, repair, remove, replace or change the size of drainage, stormwater and/or sediment control facilities, including ditches, ponds, and other and related appurtenances and devices, together with the rights of free ingress and egress in, over, upon and under the below-described permanent easement and right-of- way, and including the right to trim and/or remove trees, shrubs and other obstructions: all of which rights are (1) set forth in a permanent easement and right-of-way granted to the Town, the terms, obligations and conditions of which are expressly incorporated herein, and (2) assignable by the said Town to any successor or assign, or to any Drainage District now existing or hereafter to be formed." AND FURTHER, the Grantor, MV and the Town acknowledge that the easements and rights- of-way hereby granted are fully assignable by the Town, without prejudice or recourse. TO HAVE AND TO HOLD said rights-of-way and easements unto the Town, its successors and assigns forever, it being the intent of the Grantor to have these easements and all related rights- of-way herein expressed run with the land forever, and be permanent and perpetual. 2016-08075 07/15/2016 10:32:59 AM IN WITNESS WHEREOF, the Grantor and MV have hereunto executed this instrument as of the date first above written. IN PRESENCE OF GRANTOR: NUT BROWN REALTY, LLC BY: DaWMitc—hell. anaging Member MITCHE L VENTURES, LLC BY: Dan . Mitchell, Managing Member STATE OF NEW YORK ) COUNTY OF TOMPKINS) ss.: On theday of July, in the year 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Dan L. Mitchell personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. 7,- Notary Pub is pAULETTE TERW1WGER Rotary Pubfic,State of New Yafk No.OITE6156M OwI fled in Tompkins County Qomrn ws w Expires Deosmbw 4,6