HomeMy WebLinkAbout063208-001•
•
f
t
BARNEY. GROSSMAN.
ROTH A DUBOW
ATTORNEY{ AT LAW
31e RORTM TIOGA s►ReeT
I.O. wa ease
ITHACA.Mew PORK 14"O."N
a
CG59 LISER 648 PACE 835
LEASE AGREEMENT
A
Made this /r day of , 1989, by and between the
TOWN OF ITHACA, a municipal entity under the laws of the
State of New York, with offices at 126 East Seneca Street,
Ithaca, New York, hereinafter called the OLessorO, and the
CITY OF ITHACA, a municipal corporation formed under the
laws of the State of New York, with offices at 108 East
Green Street, Ithaca, New York, hereinafter called the
"LesseeO,
WITNESSETH:
WHEREAS, the, Lessor has and desires to let two certain
tracts or parcels of land more fully described in Schedule "A"
attached hereto and made a part hereof, and
WHEREAS, the Lessee desires to take such tracts or parcels
of land and to erect afire station on each one thereof and' use
same in accordance with this agreement and in accordance with
the terms of the agreement made between the Board of Fire
Commissioners and the Common Council of the City of Ithaca and
the Town Board of the Town of Ithaca made as of January 1, 1987
relating to fire protection services in the Town of Ithaca,
hereinafter referred to as the "Fire Contract";
NOW, THEREFORE, in consideration of the terms, conditions
and covenants herein set forth, it is hereby agreed between the
parties hereto as follows:
1. Lessor hereby leases to the Lessee and the Lessee hereby
takes the parcels of land more particularly described in
Schedule "A" attached hereto and made a part hereof, hereinafter
called the "Premises".
2. The Lessee shall pay to the Lessor as rent the sum of
$1.00 per year payable annually on the anniversary date of this
agreement.
3. The term of this lease shall be thirty (30) years
provided, however, that the lease shall terminate upon
termination of the Fire Contract. Upon any such termination
Lessor shall make the payments to the City relating to the
City's indebtedness for the construction of the Fire Stations in
the manner and in the amounts required by the terms of the Fire
Contract.
4. Upon any termination of this lease pursuant to the
immediately preceding paragraph, the Lessee shall convey any and
all interest of the Lessee in and to any improvements
I
... .._._.. .;-.. ..�. ...:..-,�....,..n.��•+w.w..-x.w«n.,.��..a,_..,r+�e+srr ts-�•:n•.+�c.+�.e:as�x-.-�r>mwr:ver.:�.�.:-�:��,...,.r.,;...,�aw.w-,::,.....:.��:�a..w •a4.o:.. e..,c -.:. ,,,:.�..r,.�. � .�,,... .
TnCity.lease, Ithaca30 7/5/89 1:40pm
uEr 648 pm.
SCHEDULE A
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Ithaca, County of Tompkins, State of New York, and being more
particularly bounded and described as follows:
BEGINNING at a point in the centerline of the Trumansburg
Road (New York State Route 96), which point is North 70. 15'
East (all bearings magnetic 1987) a distance of 34.2 feet from
an iron pipe set in the westerly right of way line of the
Trumansburg Road at the intersection of said westerly right of
way line with the north line of premises reputedly of O'Neil and
Boyden (Liber 603 of Deeds at Page 285) as shown on the survey
map hereinafter referred to; thence South 70. 15' West, passing
through an iron pipe at 34.2 feet, a total distance of 280.2
feet to an iron pipe set at a fence corner; thence South 07' 10'
West a distance of 39.9 feet to an iron pipe; thence North 40•
01' West a distance of 240.9 feet to an iron pipe; thence North
44. 54' East, at 260.1 feet passing through an iron pipe set in
the westerly right of way line of Trumansburg Road, a total
distance of 292.8 feet to a point in the present centerline of
Trumansburg Road; thence southeasterly along the present
centerline of Trumansburg Road a distance of 337.8 feet to the
point or place of beginning.
TOGETHER WITH a right of way for ingress and egress by the
Grantee, its successors and assigns, over premises hereinafter
described, being a strip of land sixty (60) feet in width
adjoining and running parallel to the northerly line of the
above described premises, to be used in common with the Grantor,
its successors and assigns, provided, however, that the use by
parties other than the Grantee, its licensees, tenants,
successors or assigns, shall not in any manner interfere with
the use of such right of way for ingress and egress by fire,
ambulance or other emergency vehicles. Such right of way shall
include the right to improve the area of said right of way with
a driveway or roadway of sufficient width and quality, laid out
in such location within such right of way area as the Grantee,
its successors or assigns shall determine, and the right to
repair, replace, improve, alter and maintain the same. The
right of way area is more particularly bounded and described as
follows:
BEGINNING at an iron pipe set in the westerly right
of way line of Trumansburg Road (New York State Route
96) at the northeasterly corner of the premises conveyed
9
BARNEY. GROSSMAN.
ROTH 6 DUBOW
ATTORNEYS AT LAW
311 HOWTH TIOW 1111ET
►.O. 10111N
ITHACA. NLW T011114111.1161
•
•
' .i.. '. .. � S ' .. �. e,: Wcc.i xp '. a,/+-�S+feP4ShhVYiLWF/819►l.1fA469cp:.Y..AK'!'�°wMA; M�iY.+�"siMtYMv.4N1M�1'MM.i... ^MatW#YM.n:'ce;V�w'••...Yc.<- LiYN wuiY6KY:atlPM+�elah'+NRv+Y"MwiLA�PM^'die+:42We',.:w.M.rr...viM12t'.RA'+M'�Ra�.. �.r,. •..•
i
is
TnCity.lease, Ithaca3, 7/5/89 1:40pm
LMER 648 Pnr,E 8.37
herein; thence South 44. 54" West along'the northerly
line of the premises conveyed herein a distance of 260.1
feet to an iron pipe set at the northwesterly corner of,
the premises conveyed herein; thence North 40. 01' West
(being a continuation of the west line of the premises.
conveyed herein) a distance of 60 feet to a point;
thence North 44. 54' East to the westerly right of way
line of Trumansburg Road (being a course 260.1 feet more
or less) ; thence South 40' 01' East along the westerly'
right of way line of Trumansburg Road a distance of 60
feet more or less to the point or place of beginning.
ALSO TOGETHER WITH an easement for grading and construction
and installation of drainage improvements, if necessary for the
protection of the improvements to be located on the premises,
and the repair, replacement, improvement, alteration and
maintenance of same, over :an area extending beyond the westerly
and northerly boundary lines of the premises described above to
a distance of thirty (30) feet therefrom.
SUBJECT TO the following:
1. The rights of the public in and to that portion of the
above described premises as lies within the bounds of the public
highway.
2. Public utility rights of way and easements of record
affecting the above described premises, lying and being within
the bounds of the Trumansburg Road right of way, if any.
3. Right of way for the laying and maintaining of water
pipes within the bounds of Trumansburg Road, granted by: the
Grand Lodge of the Independent Order of Odd Fellows of the State
of New York to the City of Ithaca by instrument dated August 25,
1932, recorded June 17, 1933, in the Tompkins County Clerk's
Office in Liber 232 of Deeds at Page 252.
THIS CONVEYANCE IS MADE FURTHER SUBJECT TO A RESTRICTIVE
COVENANT on the use of the premises herein conveyed and is
accepted by the Grantee with the restriction that the premises
shall be used by the Grantee (including a fire district formed
by the Grantee), its successors, assigns, licensees and,
tenants, only for a municipal fire station or other facility for
fire prevention, fire fighting, and other emergency rescue
operations, including but not limited to, use for storage and
maintenance of fire and rescue vehicles and equipment,
administrative and communications offices and facilities,
meeting and training rooms, temporary quarters for fire and
rescue personnel, and other uses commonly associated with such
uses. This restriction shall not be construed, however, as
10
BARNEY. GROSSMAN.
ROTH & OUBOW
ATTORNEYS AT LAW
su NORTH TIOOA /TOKCT
I.O. w. NN
ITIIICA. M[T. YORR I.N1.69"
..••/�. ...... .c.: ,... i.-..�.�.......�aaPSH'n�^SIN)•k'+Y•.^..�!?h.W��M4.M'•ROCS11�t"V^4APf.T'.wwF:c*Mt.�Kn-..Ms�w�:.,r.M!n.`l�vn.c.y...wiww.'v:.'.Y'.1e+i+.v. v.u._'ti. "�. r. a. .x M�. _±.
.
TnCity.lease, Ithaca3, 9/5/89 1:40pm
um 648 ?m
838
preventing incidental use of the property for other public,
charitable, educational or recreational purposes, such as
(without limitation) public meetings, use as a public polling
place, activities or meetings of scouts, senior citizens, youth
or other groups which the Grantee, in its discretion, would
permit to use other Town facilities from time to time. This
restriction shall be deemed a covenant running with the land and
shall be for the benefit of and be enforceable by Grantor, its
successors and assigns, in consideration, among other things, of
the gift by Grantor to Grantee of the above described premises.
In the event the subject premises are not used or are not used
for the purposes described in this restrictive covenant, then
title to the premises shall revert to and become vested in the
Grantor, its successors or assigns. Also in the event that no
such fire station is constructed within two (2) years from the
date of this conveyance or, in the event of a fire or other
1�
casualty by which the improvements are destroyed to the extent
that they cannot be used for such fire station purposes and are
l
not rebuilt for two (2) years from the date of the loss or
Q� **11% `
destruction, then title to the subject premises shall revert to
and become vested in the Grantor, its successors and assigns.
do ,v
1
The above premises are described in accordance with a survey
map entitled NBOUNDARY AND TOPOGRAPHIC MAP PROPOSED SATELLITE
FIRE STATION, WEST HILL SITE, TRUMANSBURG ROAD," dated August
10, 1988, revised August 31, 1988, by T.G. Miller Associates,
P.C., Engineers & Surveyors, a copy of which is intended to be
S
filed concurrently herewith.
3
BEING the same premises conveyed by Cornell University to
the Town of Ithaca by deed dated June 9, 1989, intended to be
recorded in the Tompkins County Clerk's Office.
Q
11
8ARNEV.00068MAN.
ROTH ! DUBOW
ATTORNEYS AT LAW
-
315 NO.TN TIOOA STRUT
I.O. /Oa NN
-
ITNACA new TOOM 1...1•....
-
�Fd
•
. �..-: � o.>.:r•7wr.•.,«.....x:.,..,�.:sA+rr..e.21<sX+.�1ers.rr,Syr+n.r.:c«Puri.nw.-•e�,...nnautx,-:n...:aw-....,.....r�re�...++�r v.:+wwO.�w..w�.:tw.:..+».sin..,.-n.<..r�,..x..r..«,.�....w,• ,.a.,«,�r....,�..a�,r.. ....-,.,... .,
TnCity.lease, Ithaca3, 7/5/89 1:4:,�pm
�LroER 648 PAf,E 8.39
PARCEL II
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
�Ithaca, County of Tompkins and State of New York, being Parcel A
`y as shown on the survey map entitled "'BOUNDARY AND TOPOGRAPHIC
C\ V MAP PROPOSED SATELLITE FIRE STATION SOUTH HILL SITE-DANBY ROAD,"'
V dated August 12, 1987, revised September 9, 1987, and further
revised January 3, 1989, by T.G. Miller Associates, P.C.,
` Engineers & Surveyors, a copy of which map was intended to be
filed concurrently with the deed to the Lessor from Ithaca
College in the Tompkins County Clerks Office, it being more
o� particularly bounded and described as follows:
BEGINNING at a point in the east side of Danby Road I(NYS
Route 96B) and a highway monument set at the northwesterly
corner of premises reputedly of Ferrara (Liber 602 Deeds, page
597); thence north 28 degrees 19 minutes east (all bearings
Magnetic 1987) along the easterly line of Danby Road, a distance
of 320.0 feet to a point set marked by an iron pipe; thence
south 63 degrees 46 minutes east, a distance of 211.6 feet to a
point marked by an iron pipe; thence south 28 degrees 23 minutes
west, a distance of 260.5 feet to a point marked by an (iron
pipe, which point is in the northerly line of said Ferrara
• premises; thence north 79 degrees 20 minutes west along the
north line of said Ferrara premises, a distance of 221.6 feet to
the highway monument marking the point or place of beginning.
SUBJECT TO easements and restrictions of record and also
subject to the right of reverter, if any, contained in the deed
to the Lessor from Ithaca College conveying the above promises.
12
' BARNEY. GROSSMAN.
ROTH 3 OUBOW
ATTORNEY! AT LAW
310 MOAT" 1100A .TO[[T
•0. M...N
ITMA[A N[M TOINIIINI..N
n
a
.. ..�... r,_i.+. ..1Y. ,r ..,. ,,.r,�rw:+.+wg:MnM•.M.mrYM#<..+N�+1M:e.IP*f!!l[ft*,x �PaM�.r..TRM1ts'.!P'"AnMF.,y34n+F^A+- .:r r. n, m :+y. 4u¢!....ca.., . _.. .y ... .. ... . -
•
TnCity.lease, Ithaca3, 7/5/89 1t40pm
um 648 PA(.E
840
constructed on the Premises to the Town in accordance with the
terms of the Fire Contract. In the event of any termination of
this Lease other than by reason of the termination of the Fire
Contract, at the option of the Lessor, Lessee shall convey to
Lessor all of its right, title and interest in and to any
improvements constructed on the Premises upon the Lessor
(a) reimbursing the Lessee for its 30% of the
construction expenditures for said improvements paid by
the Lessee during the duration of this Lease; and
(b) paying to the Lessee any remaining unpaid debt
service obligations of the Lessee related to such
improvements.
r
There shall be credited to the amounts owed from the Lessor
to the Lessee the 27% contribution made by the Lessor to the
Lessee for the renovations of existing stations within the City
limits of Lessee. The Lessee shall convey its interest in the
stations on the Premises to the Lessor in the same manner and
with the same title 'requirements as set forth in the Fire
Contract with reference to conveyances of the stations in the.
event of termination of the. Fire Contract.
5. Lessee, in the event of termination of this Lease for
any reason, will, pending conveyance of any improvements on the
'•
real property to Lessor, deliver immediate possession and
occupancy of the improvements so that the Lessee or any entity
i
designated by Lessee may occupy and use same immediately for
fire protection and emergency medical service purposes. such
I
use and occupancy shall be granted without any further
compensation from the Lessor to the Lessee. In the event of any
I;
breach of the obligations to convey or to grant immediate
occupancy the Lessor may seek specific performance in addition
to any other remedies available to the Lessor under law.
;
r.
6. The term of this lease shall commence and possession of
the premises given to the Lessee upon execution of this
agreement.
7. The Lessee acknowledges and understands that this title
to the premises held by Lessor is subject to conditions,
including a possible reverter, effective at such time as the
leased premises are not used by fire service or emergency
medical service purposes. This lease is subject to such
conditions and possibilities of reverter and in the event Lessee
ceases to use the Premises for fire station or emergency medical
purposes, this Lease shall immediately terminate.
8. Lessee shall pay in each year, during the term, as
2
if
OARN[T,GROSSMAN.
E
ROTH a OUSOW
ATTORNEYS AT LAW
(,
we MOAT" TIO" STIIEET
PO. WE..M
ITHACA. NEW TOAII I.MI•..N
1:
..n.J 1iL ......a
•
•
•3;;e�:t. +'r�4 V 1121A.i;ie'M.+'s.#..R;.'A�..RiW�1.•SiawsYN.8.11.. MA9.51.[iW61.919M4�lwwli.l..1MYf+!'#»+Nx:4iYw#aP�'aN'.PAu'M;M-nH.6N>•SY��Rr'wviAM#/.aw.vf lP.{Y4 ::'Mr• ra.�..�'. t
BARNEY, GROSSMAN,
ROTH A OUBOW
ATTORNEYS AT LAW
319 MONTH TIOGA 51499T
O /OA N..
ee ITNACA. N91N TORK 14091-64N
t
TnCity.lease, Ithaca3, 7/5/89 1:40pm
648 ?Am $41
additional rent, all real estate taxes, ad valorem taxes and
assessments, general and special assessments, or any other tax,
if imposed upon or levied against real estate payable with
respect to or allocable to the Premises. Said taxes shall be
paid by Lessee within 15 days of the due date and evidence of
such payment shall be provided to Lessor within 5 days after
such payment. In the event Lessee fails to make such payments
Lessor may, at Lessor's sole option, and without waiving any
rights to any other remedies Lessor may have, make such payments
itself and bill the same to Lessee. Lessee agrees to
immediately reimburse Lessor for such payments plus interest at
the rate of 1-1/2% per month from the date of such payment until
such reimbursement is made.
9. Lessee shall be responsible for and shall pay all
maintenance, landscaping upkeep, repairs, insurance, utilities,
and other similar costs associated with the Premises and the
improvements thereon during the term of this Lease.
10. Lessee shall not assign this Lease or any interest
therein, to any party without the approval of Lessor, which
approval may be unreasonably withheld. Any such assignment
shall constitute a default under this Lease and, without
limiting any other remedies available to Lessor, shall permit
Lessor to terminate this Lease and to recover damages for such
termination.
11. Lessee shall have the right to make alterations,
improvements, or additions to the structures contemplated to be
constructed on the leased premises; said alterations,
improvements, or additions must be in compliance with this Lease
and must be subject to the approval of Lessor. The Lessee shall
provide to Lessor plans for such changes, alterations, or
construction, at least 60 days in advance of construction that
would significantly alter the exterior or interior of any
improvements now or hereafter constructed on the property.
Lessor shall have a period of 30 days after receipt of such
plans to advise Lessee of whether or not Lessor approves such
proposed construction, alterations, improvements, or additions.
Such approval shall not be unreasonably withheld. If the Lessor
takes no action (neither approves nor disapproves the plans)
within said 30 days, the plans shall be deemed approved.
12. Any construction, alterations, additions, or changes
made to the Premises (said work to be accomplished pursuant to
the preceding paragraph) shall be performed at Lessee's expense.
13. Lessor's waiver of Lessee's breach of a covenant or
condition of this lease is not a waiver of the covenant or
condition itself, of any subsequent breach of it, or of any
J
,t
ua 648
SARNEY, GROSSMAN.
ROTH A OUBOW
ATTORNEY! AT LAW
*l. NORTH TWOA •TRE(T
..O W. NN
ITNIKA N(I. TOR6I.NI•6.N
TnCity.lease, Ithaca3, 7/5/89 1:40pm
842
other covenant or condition herein.
14. If the rent herein prescribed, or any part thereof, or
any sum of money due and payable as rent or as tax payments on
the subject premises shall not be paid when such payment is due,
and.such default shall continue for a period of ninety (90) days
thereafter, the Lessor may, at its option, on thirty (30) days
additional notice in writing, terminate this leases and this
lease and the term thereof shall automatically cease at the
expiration of said thirty -day period, unless the default is
cured within such period.
15. If the Lessee shall, at any time during the demised
term, fail in a material respect in the performance of or permit
the material violation of any of the covenants, conditions,
terms or provisions of this lease contained which, on the part
of the Lessee, are or ought to be observed, performed and
fulfilled and, except where a specific time is herein provided
for the performance of any covenant or condition, when such
material default shall not be made good within 90 days after
written notice and demand, the Lessor may, at its option, on
thirty (30) days additional notice in writing seek any legal
remedy to which it may be entitled to as a result of said
material breach.
16. All notices, correspondence, or payments, to be made to
either party shall be made at the address set forth hereinabove.
17. Any dispute hereunder shall be decided in accordance
with the laws of the State of New York.
18. Lessee agrees to hold harmless and indemnify Lessor for
any and all suits, claims, judgments, legal and investigative
fees of any nature caused by Lessee's negligence or willful act
in Lessee's use or occupation of the leased premises provided,
however, that no indemnification shall be required to the extent
that such claim, loss, judgment, or fees are caused wholly or in
part by any act or omission of Lessor.
19. The Lessee shall be responsible for all maintenance of
the leased premises.
20. Lessee shall meet all applicable local and state fire
and safety codes with respect to the construction and operation
of its facilities.
21. Lessee agrees to take out and maintain in force, at its
own expense (except as referred to in paragraph 26):
(a) public liability insurance including insurance
4
•
•
•
-.: �+ .::. ..,.,, 5ssgp:r0lrcM.'•".• +^a:x ttA:'xtFlaaww+a»aAS�h�<wF)tlas�w. i.t�>wanwlRrr�MaraY�:r.,, a+Refe. .. ,.+t .r �.. �s� .:..-::,. :, .ws. «. ,. n... ,.,. ,.w .. ;•. r•:-r.:-...aa ...w. .. ..,..... -.,.
3
•
•
I
•
TnCity.lease, Ithaca3, 7/5/89 1:40pm
WER 648 ma 8431
against assumed or contractual liability under this
Lease, with respect to the Premises, to afford
protection to the limit, for each occurrence, of not
less than the amount required by Lessor with respect to
personal injury or damage or death and with respect to
property damage; upon the date of the execution of this
Lease the minimum coverage required by Lessor is
$1,o00,000.00 with respect to personal injury or death
and $1,0o0,000.00 with respect to property damage;
(b) all-risk casualty insurance, including loss by
sprinkler, written at replacement cost value and with
replacement cost endorsement, covering all of the
improvements on the property and the personal property
of Lessee on the property, including, without
limitation, the buildings on the property, all fixtures
on the property, fire equipment, inventory, floor
coverings, furniture, other equipment, and any
leasehold improvements installed on the Premises by
Lessee pursuant to the terms of this Lease;
(c) if and to the extent required by law, workmen's
compensation or similar insurance in form and amounts
required by law;
(d) insurance in form and substance satisfactory to
Lessor protecting from and against any and all claims
of employees. of Lessee or employees of any other
persons or entities on the Premises alleging violations
of the Labor Law or other appropriate statute relating
to the provision of safe working conditions, or
facilities.
Lessee shall require any contractor of Lessee performing
work on the Premises to take out and keep in force at no expense
to Lessor (except as referred to in paragraph 26):
(a) comprehensive general liability insurance in
limits designated by Lessor which shall, at the
inception of this Lease, be at least $1,000,000.00 with
respect to personal injury and death and $1,000,000.00
with respect to property damage; and
(b) workmen's compensation or similar insurance in
form and amounts required by law; and
(c) insurance protecting Lessor from any claims from
any employees of such contractor or any employees of
any sub -contractor of Lessee against any and all claims
of alleged violations of the Labor Law or other similar
5
BARNEY. GROSSMAN.
ROTH 6 DUBOW
ATTORNEYS AT LAW
su MONTH noaA STRUT
P.o. So■ N%NN
1fHACA NCW VONN 14"1 SSN
. ... ... ...... .T. ,,, �..,,.. � . ,m...•,o:w-+w+•wm.r,. ,vms ewr<. ,..;,..«r:.n ,n wr+ „e.r.+..n,ownk•.M..» sx w,:e•,-.;.w.. .rnu ... ,-...,..... .,. ,.... w r., xra,. _.� ...-,.Fx�. <: .,..o...,..:e,.
UKR 648
BARNEY. GROSSMAN.
ROTH ! DUBOW
ATTORNEYS AT LAW
310 MORTN TI00A {T11[9T
.O. W...i.
ITMACA MQN TOIIIII...1•..N
TnCity.lease, Ithaca3, 7/5/89 1:40pm
844
statute relating to the provision of safe working
conditions or facilities.
The company or companies writing any insurance which Lessee
is required to take out and maintain or cause to be taken out or
maintained pursuant to this lease, as well as the form of -such
insurance, shall at all times be subject to Lessor's reasonable
approval and any such company or companies shall be licensed to
do business in New York. Public liability and all risk casualty
insurance policies and employer's liability policies evidencing
such insurance shall name Lessor or its designee as additional
insured and shall also contain a provision by which the insurer
agrees that such policy shall not be cancelled except after ten
days' written notice to Lessor or its designee. All such
policies, or a certificate thereof, shall be deposited with
Lessor by Lessee promptly upon commencement of Lessee's
obligation to procure the same. If Lessee shall fail to perform
any of its obligations hereunder, Lessor may perform the same
and the cost of same shall be deemed additional rental and shall
be payable to Lessor upon demand and shall bear interest at the
rate of 1-1/2% per month until paid.
22. The premises shall be used principally for the purposes
of fire protection, storage of fire equipment, the provision of
emergency medical services, and the storage of emergency medical
service equipment and vehicles and any other purposes permitted
under the terms of the deeds to the premises without provoking
any right of reverter.
23. All repairs of the Premises, whether structural,
electrical, plumbing, roofing, and any other repair of any
nature whatsoever and in any amount whatsoever shall be made by
Lessee at Lessee's expense. If the need for such a repair
occurs, such repairs shall be done by qualified individuals and
in conformity with all codes, regulations and statutes of
law. If the amount of the cost of such repair exceeds $1,000.00
Lessor shall be notified of said repair prior to commencement of
work on same (unless an emergency requires immediate action) and
shall have the option of requiring plans and specifications to
be submitted prior to the commencement of such repairs in the
same manner as if Lessee was making an alteration as set forth
above. Lessee agrees to keep the Premises, together with all
electrical, plumbing, and mechanical installations therein, in
good order and repair and will make all replacements from time
to time required thereto at its expense, will maintain the
exterior surfaces of the portion of the building, including
routine painting of window frames, door frames and the like, and
will surrender the Premises at the expiration of the term in
good operating condition.
G
•
E
•
BARNEY, GROSSMAN,
ROTH & DUO
OW
a ATTORNE"O AT LAW
11M NOIITN TIOOA STRUT
I.O. SOII SSSS
ITMACA N[N YORK M691•46N
Y
Y
TnCity.lease, Ithaca3, 7/5/89 1:40pm WER 648 PAGE 845
24. Lessee will repair promptly at its expense, any damage
to the Premises, the plumbing system, electrical system,
exterior Premises or any other damages, and upon demand, shall
reimburse Lessor, as additional rental for the cost of the
repairs of any such damage not promptly repaired by Lessee. If
Lessee fails to make such repairs, without limiting any other
rights of Lessor herein, Lessor may make or cause the same to be
made and Lessee agrees to pay to Lessor promptly upon Lessor's
demand, as additional rental, the costs thereof with interest
thereon at the rate of 1-1/2% per month until paid.
25. Nothing contained in this lease regarding payment by
Lessee for construction, operation, maintenance, and repairs is
intended to alter the obligations of the Lessor pursuant to,the
Fire Contract to pay Lessee Lessor's agreed upon share of the
construction and operating expeditures (as defined in the Fire
Contract), including construction and operating expenditures
related to the fire stations to be constructed and operated on
the Premises.
IN WITNESS WHEREOF, the parties have hereto executed this
lease as of the day and year first above written.
TOWN OF ITHACA
BY:
CITY OF ITHASk)_
i � a W .. �, .� ..: .".�•.. ...:':.1. w'�x J�:�w"a� ti'., ..� .. l..:...
I
. ... �.....y. r/rt ,...., .. .:....:y`.r...:.e�i�n`sL'1?.: u.:wen..:.a...f.'e'u�i'.+..,.,..�.:Y�:^wt�af.F.. Y4.,.�a.Mr.a. :•.S.wsa^. r....,.�.,,iyr�. t�yhl..V.a..,.r iN�:::'1Ywn. aC rY n++If1>+hWY«. •:i'.,N.�a ,....r :M,. ..�.... ., ....
BARNEY.aROsaMAN.
MOTH ! OUBOW
ATTORNEYS AT LAW
395 NORTH TIOOA STRICT
/ 0. SONG Re
ITNACA. Raw TORN IISSI-SSSC
TnCity.lease, Ithaca3, 7/5/89 1:40pm
E 846
STATE OF NEW YORK )
COUNTY OF TOMPKINS)ss.s
On this N - day of ''vily 1989, before me, came Noel
Desch, to me personally known who, being by me duly sworn, did
depose and say that he resides at 132 Updike Road, Ithaca, New
York, and that he is the Supervisor of the Town of Ithaca, who
executed the within instrument, and he acknowledged to me that
he executed the same, and that such execution was on behalf of
the Town of Ithaca and that. ttX�i �pwn Boz d of such Town duly
authorized such execution. ( f) />
Publ
JOHN C.13ARNEY
STATE OF NEW YORK Notary Public, State of NOW YWk
No. 65-0166985
Ss.: UOTalif a Tompkins
Septe nber 30. T Q I
COUNTY OF TOMPKINS )
On this 3/tl' day of , 1989, before me personally
came John C. Gutenberger t e personally known, who being by
me duly sworn, did depose and say that he residess at 100
Eastwood Terrace, Ithaca, New York and taht he is the Chairman
of the corporation described in, and which executed, the above
instrument; and that he signed his name thereto by resolution of
the Ithaca Urban Renewal Agency.
Notary Public
OWJAkA C kU°tYc
Notary Public, State of New Yuri
No. 4524437
Qualifibd in Tompkins County
a)mn.inion ttttpm 0"l►,•iyXo--iP �
_ • REAL ESTATE
00
M
AUG 1 1 1989
TRANSFER TAX
TOMPKINS
COUNTY
8
R d d• County, s...............l...... . 6,tk f. • ....
....... .
on the
• o'clock.l�..M., in Liber . of ..•Q
W4.#of page .........�+3. •......•••• and exomined.�............. Cledt
•
•
•
....,.;a.nr.r¢T.A+R•dul•nrr..teWr - — e�rr.r�.. - �...Iu�+•',,,,,...,. asRlmr„Sryrs�Y'aw..+a.x.rr.�:.ara�fii.•n��'e`rL...«:... ttir.,3.i:.a. r.+.-r+...r::;ax..+..+.r.�r'`..