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OPERATION AND MAINTENANCE AGREEMENT Aet v,. 1,, 7j-);k,
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THIS AGREEMENT is made this e2e day of Jv1 , 1995, by and
between the TOWN OF ITHACA, a municipal corporation with offices at 126 East Seneca Street,
Ithaca, New York (the "Town") and HOSPICARE FOUNDATION, INC. of 301 Harris B. Dates
Drive, Ithaca, New York ("Hospicare").
WITNESSETH:
WHEREAS, Hospicare received subdivision approval and site plan approval from the
Town for the construction of a hospice facility on tax parcel number 44-2-1-1 on King Road East
in the Town of Ithaca, Tompkins County, New York; and
WHEREAS, there was an existing pond on the lot which was to provide storm water
management for drainage from the facility; and
WHEREAS, it was a condition of the granting of subdivision and site plan approval that
an operation and maintenance agreement be executed by Hospicare in form sufficient for
recording so as to bind the owner of the Hospicare property to the obligation to maintain said
pond as hereinafter set forth,
NOW, THEREFORE, in consideration of the granting of the site plan approval and
subdivision approval and in furtherance of the public purposes of providing adequate storm water
retention and maintenance, the parties agree as follows:
1. Desi n Criteria. The pond on the lospicare lot was designed as a storm water
management structure pursuant to design criteria developed in the "Drainage Report, Beacon
Hills" dated April 1993 (Appendix A) a copy of which has been made available to Hospicare.
The design criteria include he following:
(a) Hxdrologic a_pll Ilyd
aulic Design Criteria.
Drainage Area:
46 Acres
Surface Area:
1.8 Acres
Principal Spillway Elev.
1276.00 Ft.
Design High water:
1279.(X) Ft.
Design Max. Discharge:
YX) CFS.
Design Retention Stor.
6.86 Acre -Ft.
Top of Dam Elev: 1280.(X) Ft.
2. Hospicare agrees on its behalf, its legal representatives and assigns and any other
persons who obtain title to the property through Hospicare to operate and maintain the pond to
insure that the pond structure continues to function as designed. Without limiting the foregoing
the following items of maintenance shall be undertaken on a regular basis as frequently as
necessary to assure that the pond structure operates appropriately:
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(a) Spillway maintenance. The combined principal/emergency spillway is a reinforced
concrete drop structure with a low flow weir notch and a high flow box type weir. The structure
includes a box culvert section and sidewalls notched for a foot bridge.
Maintenance of the spillway structure shall include:
1. inspection and cleaning of the Trash Rack
2. Keeping the structure free of debris
3. Annual exercising and inspection of the drain valve
4. Inspection of concrete and repair of any damaged surface
S. Maintenance of bridge structure
• (b) Dike Maintenance. The dike is a compacted earth fill with erosion protection
provided by vegetative cover. The Design Top of Dike elevation is 4 feet above the principal
spill way crest.
Maintenance of the dike and pool shall include:
1. Top of Dike Elevation shall be maintained at elevation 1280. Fill around spillway
structure is to be completed to this elevation
2. Woody vegetation shall be controlled by annual mowing
3. Top of dike shall be protected by maintaining grass
4. Vehicles to be excluded except for maintenance
5. Dike to be inspected annually for damage caused by (i.e. muskrats or marmota). Any
damage shall be repaired by filling with impervious soil and animals removed from the
pond by trapping
6. 'Emergent vegetation in the pool area may be controlled by mowing or other
mechanical means.
(c) Maintenance Responsibility. lospicare shall perform all of the foregoing
maintenance and any other maintenance reasonably necessary to keep the structure functioning
as a storm water management structure, in a good and workmanlike manner, at its own expense.
6. License to Town. lospicare hereby grants to the Town a license to enter upon the
Hospicare property for the purposes of observing and inspecting the storm water pond at any time
and from time to time as may be deemed appropriate, necessary or desirable by the 'Town, the
Town Engineer, or the Town Zoning and Building inspector. If as a result of such inspections
• maintenance deficiencies are found the Town Engineer will notify Hospicare in writing, and
Hospicare shall cause needed repairs to be made within 30 days of such notice. if Hospicare
fails to complete the repairs to the satisfaction of the Town Engineer within 30 days, the Town
reserves the right (but does not have the obligation) to have the repairs made and will charge
Hospicare for the cost of such repairs. Hospicare agrees to pay for such repairs.
Notwithstanding the foregoing, if an emergency exists requiring immediate action, the Town is
hereby authorized to enter upon the property and effect emergency repairs to the structure in the
event of a threat to the safety of the structure or properties downstream of the siniclure, the cost
of such repairs to be reimbursed to the Town within 10 days of demand for same.
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ulta 752 tact 78
7. Addition to Taxes. In the event the Town makes repairs and Hospicare fails to
reimburse the Town for the cost of said repairs within 10 days after the demand for same,
Hospicare hereby agrees and authorizes the Town to add such unpaid repair expenses to the tax
bill for the tax parcel on which the pond is located, to be payable, together with interest at the
rate of 9% per annum from the date of incurring of said repairs, as part of the tax bill issued in
January of each year and to be treated as an unpaid tax and collected as n unpaid tax if not paid
with the Town and County tax bills when issued.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first
above written.
T N OF ITH
Y.
�ilcomh, Supervisor
HOSPICARE FOUNDATION INC.
By.
Trgs.,�
STATE OF NEW YORK )
COUNTY OF TOMPKINS)`
S�`J v cat
On this day of 4;Gne 1995, before me, came John Whitcomb, to me
personally known who, being by me duly sworn, did depose and say that he resides at 233 Troy
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 the Town Board of such Town duly
authorized such execution.
'Notary -Public
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IISR 752 PAGE 79
STATE OF NEW YORK )
COUNTY OF TOMPKINS )ss"
On this : =Z day of -T w 1995, before me personally came
to me personally known, who, being me duly swum, did
depose and say that he resides in Ithaca, New York, that he is the hresf'ye, of HOSPICARE
FOUNDATION, INC., the corporation described in and which executed the within instrument;
that he knows the seal of said corporation; that the seal affixed to said instrument is such
corporate seal; that it was so affixed by order of the Board of Director said corporation; and
that he signed his name thereto by like order.
tdotat � -PubliC' -
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/X (Tompkins County, ss
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..r��.!. Z.!....Clerk
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