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HomeMy WebLinkAbout019947-001 i A G R E E t'. E N T �}�h tot BEVIEEN ROCCO P. LUCENTE (herein "Lucente") , residing at 506 iiarren Road, Ithaca, New York, and the TOWN OF ITHACA (herein ( ':Town") , Tompkins County, New York, dated May 2, 1975 W I T N t S S E T H.: • NWEREAS, the Planning Board of the Town •o.f. Ithaca has approved the subdivision of a portion of the lots fronting on -alcor !`rive, Birchwood Drive, and Pinewood Place, being Lots Nos. 26 through 42 and Lots Nos. 77, 78, 79 and 80, as shown on - the plan and profile for Sharonwood Drive and Pinewood Place, made conditionally by Thonas r). Miller on April, 1969 /approved by the.Town of Ithaca Planning Board on April 1, 197$ and filed in the T o id n Clerk's Office on April 14,1975, and WHEREAS, the said Lucente has requested the Town o'L 3thaca to issue building permits prior to the acceptance of Sycamore Driv , Dirci;word Drive, and Pinewood Place as Town streets (to the extent i that any of said streets have not previously been accepted by the I-oG-m) , and VIHERLA°, the Town is willing to issue such building per- :.lits although the lots for which such building permits have been issue: do not front on adjoining streets which have been accepted by the municipality, provided Lucente complies with certain con- editions hereinafter set forth; HOW, THEREFORE, in order to induce the said Town to issue building permits for the construction of dwellings on the above ( lots and in consideration of the premises and the mutual agreement hereinafter set forth, IT IS AGREED AS FOLLOWS: • I 1. The Town will issue building permits for construction on each or- said lots on application by Lucente provided that such permit may lawfully be issued in compliance with all applicable ordinances, laws, rules and rejulations, except for the access of the lot to a public street. 843 r�SE 184 2 ' 2. No certificate of occupancy for any one of the said lots will issue for any construction on said premises unless the street immediately adjacent to any such lot has been completed to the satisfaction of the Town in compliance with the specifications required for the construction of highways in the Town as inter-- • • preted and approved by the -Town Engineer and the Torn Highway Superintendent. 3. Notwithstanding the foregoing, Lucente agrees to complete -all of the streets hereinabove mentioned prior to October. 1, 1975. Said roads must be completed in accordance with the specifications established by the Town of Ithaca for completion of '.Down highways prior to their acceptance by the Town as Town highways. The final determination as to whether or not such stree has been completed in accordance with the specifications of the Town shall be made by the Town Board upon the recommendation of the Town Highway Superintendent and the Town Engineer. A. Up to acceptance of any street by the Town, as to those portions of the said streets which have not been completed to the Town's specifications or which have not been accented by i the Town, the said Lucente agrees to maintain such portions in such condition that they will be safe for passage of persons and vehicles until such time as they are completed to the Town's specifications. The location of said roads shall in all events be determined by the survey map hereinabove referred to. 5. Lucente agrees that upon completion of the roads he will furnish a revision of the aforesaid map in form which can be filed in the Tompkins County Clerk's Office to be prepared and certified by a competent surveyor showing monuments as required S by the Town specifications. 6. Lucente agrees to indemnify and save and hold harmless � s the Town, its officers (including the Town Superintendent of High- ways) , agents, contractors and employees from and against all 4 F 1 4 t d 3 b,► 545 185 suits, claims, loss, liability or expense (including costs and ,attorney's fees) by reason of any liability imposed upon the Town for any or all of the foregoing persons for damages because of any !injury to persons, including bodily injury and death, or because • of any damage to property, including loss of use thereof, resultin from any condition of the uncompleted portions of the said streets or which may result from any work or operations on the said: uncom- pleted portions of said streets by Lucente, his contractors, agent , employees or invitees. In this respect, Lucente shall provide and maintain at his own expense insurance coverage for public liability and for the contractual liability of Lucente under this agreement. Such iiolicy shall provide or include coverage for all operations of Lucente- in completing the work on the streets required by this agreement; completed operations; personal injury and borad form property damage. The amount of the policy shall be at least $300,000/$1,000,000/$100,000. The policy shall be reviewed by the t'own's insurance counsel to determine whether it meets the requirements of this agreement and Lucente shall comply with any reasonable requirement of the insurance counsel. Such insurance shall also provide coverage in accordance with the Workmen's Com- pensation Law. 7. If Lucente fails to complete the said roads as re- quired by this agreement, or otherwise defaults in the performance of this agreement, the Town may proceed to complete said roads and Lucente agrees to pay to the Town on demand (i) the cost of ( completing said roads or (ii) any other expense or liability in- curred by the Town hereunder, including all necessary expenses, obligations and liabilities incurred by the Town hereunder. As partial security for the performance of such work, Lucente, at his expense, shall provide and maintain a contract bond or letter of credit, satisfactory to the Town, in such amount as the Town may r us Pt.z AS - 4 require (which, for the present, has. been established at $17,000) to assure performance by Lucente under this agreement. A copy of this agreement shall be attached to the bond and/or letter of credit and shall be delivered by Lucente to the local agent of the surety or the bank issuing the letter of credit. • 8. Lucente agrees to furnish to the Town an abstract of title certified at least to the date of recording of the said deed The deed will be a warranty deed with lien covenant. Copies of the revised map will be furnished in such amounts as will be suf- ficient for distribution to various Town officials and for filing. 9. Upon execution of this agreement and upon the accept- ance of the insurance policy and the contract bond or letter of: credit, the Town Building Inspector is authorized to issue build- ing permits for the lots hereinabove enumerated, it being also provided that an executed copy of this agreement will be recorded in the Tompkins County Clerk's Office. 10. To the extent that the Town of Ithaca is required to expend any funds for the completion of said streets• or for any other purpose arising out of this agreement for which it has not been compensated, under the performance bond or letter of credit, or by Lucente, or in any other manner, the Town may, at its option, pursue any one or all of the following remedies to enforce the col lection of any such amount: (a) The Town may bring an action at law to collect such amount as on a contract; (b) Any such unpaid amount shall be added to any Town tax due and payable by Lucente on any of the property then owned by Lucente in the Town of Ithaca. Said amount shall be added to the tax due on the first day of January next following demand for pay- ment by the Town, but this tax shall not be levied and assessed on any separate lots which have been conveyed prior to such .first day of. January to a. bona fide purchaser; i . 4 k i r 5 545 r�� X87 I - - (c) The amount of any such sum which remains unpaid and is due to the Town shall be a lien on any property then owned by I Lucente in the Town of Ithaca, but such lien shall in no manner be effective against a bona fide purchaser .of any separate lot on which a dwelling unit has been erected unless a notice of this lien signed by the Supervisor of the Town of Ithaca and indexed to Lucente describing specifically the amount due has been record- �I ed in the Tompkins County Clerk's Office. The Town agrees that no such lien shall be recorded unless a notice in writing sent by certified mail, return receipt requested, has been sent to Lucente at the Following address: 506 Warren Road, Ithaca, New York, and sixty (60) days have elapsed from the date on which such notice was mailed; and (i) any monies due to the Town under this agree- ment have not been paid; or (ii) the Town and Lucente have not adjusted the matter to the satisfaction of the Town. Notwith- standing any other provision of this paragraph, the aforesaid lien shall not be effective against any separate lot which has been conveyed to a bona fide purchaser prior to the recording of the notice of lien as hereinabove provided and the title of any such bona fide purchaser and all easements., rights and Privileges which any bona fide purchaser has under any deed or other instru- ment of conveyance of any such separate lot shall be free of and unaffected by any such lien which the Town may have hereunder. Upon the request of Lucente, the Town Clerk or other authorized officer shall issue a certificate which shall certify specifically as to whether a notice of lien has been filed or recorded as here- in provided. i 11. The Town agrees to record, in the Tompkins County Clerk's Office, a notice of cancellation of this agreement upon the completion of the roads and the performance by Lucente of all his obligations hereunder, including payment of all sums due to the Town. . I t;g}► 545 ray 16a - 6 - 12. The Town assumes no liability of any kind resulting from the issuance of a permit for construction on a lot fronting on any such road which is not a public street or arising from the use of any such road by any person; any person using any such road does so at his own risk insofar as the Town is concerned. . 13. This agreement shall bind the parties hereto, their respective successors, distributees, representatives, and assigns. • ' E II E r • f E - 7 - +Ct' 4b -vz 139 i IN WITNESS WHEREOF, this agreement has been executed by 1the said Lucente and the said Town of Ithaca. L.S. TH A Y L.S. (STATE OF NEW YORK ) COUNTY OF `POMPKINS ) ss' On the 9~o day of 1975, before me came ROCCO P. LUCENTE, to me known, who' by me duly sworn, did depose and say that he resides at 506 Warren Road, Ithaca, New York; that he is known to me to be the same person described in Iand who executed the within instrument, and duly acknowledged to Mme that he executed the same. NOTARY PUBLIC EDWARD L.BI'KGEN Notary Public,State of New York No.55.02340ni) lifted in Tompkins County STATE OF NEW YORK ) Expires March 30, 19?7 OUNTY 0: TOMPKINS ) ss. On the _i /Y day of �`�f , 1975, before me personally came WALTER J. SCIA , to meknow, who being by me duly sworn, did depose and say that he resides at 308 Kline Road, Ithaca, New York, (that he is the Supervisor of the Town of Ithaca, the municipal Subdivision described in and which executed the above instrument; (, hat he }mows the seal of said municipal subdivision; that the seal Iaffixed to said instrument is such corporate seal; that it was so � ffixed by order of the Board of said municipal subdivision, and that he signed his name thereto by like order. 'Vet L NOTARY PUBLIC EDWARD L BERGEN Notary Public,State of New York No.55-0254000 qualified in Tompkins County • It= Expos March 30, 1977 I� A rnr•copy of Iho aelylna)9ecorded an Iho day of �1 m S b a clacw and oxamlrsad. l• tic. 1 �.