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Home My WebLink About271337-001I$tk ot 136 07276 TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 NKINWAY273-1656 PARKSM-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONNO273-IM FAX (607) 2"A M4 STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA 1, Joan Lent Noteboom, Town Clerk of the Town of Ithaca, Now York, do hereby certify that the attached resolution is a true and -exact copy of a resolution duly adopted by the Tom Board of said Town of Ithaca at a regular Town Board meeting hold on the 9th day of June 1997, and that the same is a complete copy of the whole of such resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the Corporate seal of the Town of Ithaca, New York this 12th day of June 1997. 61� 0 gpat+tv..rw .,.. ,:.,.. ...a. :,.. �*n.a:.axw.n.w ,n.,..•, «. ..;_.. .,... ., .. _. ...,... ., .. ....... ,... _..,-,. «,..<.. ram,.«., ..>... , OYtp IlifA 621�GE i3% Fob TOWN OF ITHACA. �' 44 126 EAST SENECA STREET, ITHACA, N.Y. 14850 NAM YG TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLAK"NO 273-17A7 ZONING 273-IM FAX (607) 273.1704 Town Board Meeting 6/9/97 ' Agenda Item No. 30 RESOLUTION APPROVING AMENDMENTS, TO THE, RESTRICTIVE COVENANTS OF THE EASTWOOD COMMONS SUNNYHILL HOMEOWNERS ASSOCIATION Resolution No. 105 WHEREAS, the Eastwood Commons Sunnyhill Homeowners Association has requested the Town of Ithaca approve certain amendments to the restrictive covenants governing the residential units in said development located off of Honness Lane, in the Town of Ithaca, Tompkins County, New York; and WHEREAS, copies of the proposed amendments have been provided to the Town Board and the.Town, Board has reviewed the requested amendments; arlti WHEREAS, the Town Board is of the opinion that the proposed amendments are justified and consistent with the needs of the Homeowners Association and the Town of Ithaca; NOW, THEREFORE, be it RESOLVED, that 1. The Town Board hereby approves the amendments to the Declaration of Restrictive Covenants governing the Eastwood Commons Sunnyhill Homeowners Association, submitted to the Town Board for consideration at this meeting, which requested revisions, among other matters, alter the Declaration provisions relating to insurance and the circumstances under which future amendments to the Declaration will need approval of the town Board of the Town of Ithaca; and 2. The Town Supervisor be and she is hereby authorized and requested to execute a copy of such amendments evidencing the approval of same by the Town Board. MOVED: Councilman Conley SECONDED: Councilwoman Grigorov ROLL CALL VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, eye. Councilman Wolff, aye. Councilman Klein absent during vote. Carried unanimously. DATED: June 9, 1997 r,•. AA Jf3nLent Noteboom, Town Clerk 41 `{! - � :r�.»�v. ,%z A+._a':-.eA+�+rt_ .,'::w ,?iG`. .df'<. , x:U;: ..w.-yr r,+"FS:r.++mr% m.wr_.,"ma'•,r-a•w.w,esa.anr,+vgra.w.,nwxuw.a+ran+-r-nY�ae+sr...rw�«n.vxwir��,.«.... , ,'M`C+.+MY.sst46Ma*NVYMNW4MbMn,.rAueikrrtM.mull.+-"m�.a .. �. ' a ,, • - ya�e�aS'+K"+�.i4eww«..vw�.+.+wwiru.n.-w..:..>.�,e�.w„,,.a....... e..,rwww.vw..vw.:..:�c+weraWwaw..raewm,e.»r,.,. ., i AMZNDM W or DECLi1 ATION Or COVENANTS AND USUICI'ION/ MATING TO MMOOD COMMUS PRUZ III sUNNYSILL SUDDTVISIM TOW Or ITSACA, Tot K=3 COUM, NZW YORE The undersigned hereby certify that they are, collectively the owners of not less than 901 of the lots contained in the, Eastwood Commons Phase III Sunnyhill Subdivision described in a Declaration of Covenants and Restrictions dated October 6, 1988, and recorded October 21, 1988 in the Tompkins County Clerk's Office in Liber 32 of Miscellaneous Records at page 1099. Therefore, in accordance with Article X, Section 3 of the aforesaid Declaration, the undersigned hereby amend the Declaration as follows: 1. Article II is amended to add Section 6 as follows: "Section 6. Rental of Residential Units. No person or ent ty own ng more t an one resident i a unit may rent out more than. .one residential unit and garage (if any) at a time. This ,Amendment shall not apply to multiple residential units acquired by owners prior to June 1 1997." 2. Article IV, Section 14 is amended to read as follows: "Section 14. Insurance Coverage and Insurance Assessments. The oar o Di rectors, or its duly authorized agent, shall have the authority to and shall obtain a blanket policy of insurance for all the buildings including all single family residential units and garages, and for all common area improvements including without limitation the mailbox gazebo, landscaping and driveway. The cost of such insurance shall be treated as an expense of the Association and included as part of the annual maintenance assessment. The blanket policy will provide all risk insurance in the broadest coverage available on all the buildings and structures within the Properties, excluding the contents thereof, insuring against loss or damage by fire or other hazards in the amount sufficient to cover the full replacement cost of any repair or reconstruction work in the event of damage or destruction from any hazard. At some time in the future, the Board of Directors of the Association may decide, in its sole discretion, by •a vote of seventy-five (75) percent of the Board of Directors to require the individual owners to provide homeowner's policies on their own lot and improvements thereon (in place of the blanket policy coverage described above for single family residential units and garages) at their own expense, with the coverage and details of the policy being to the complete satisfaction of the Board of Directors insuring against loss or damage `.. by fire or other hazards in the amount sufficient to cover the full replacement cost of any repair or -1- �.nVNRa#r.wwaaa �nwr+w�vwsa�a':1JRr.rwMw.w�++.YMo�.rt•'.4i • • reconstruction work in the event of damage or destruction from any hazard; if the Board of Directors so requires.: the individual owner to provide his or her. own homeowners's policy and if the individual owner does not provide such policy then the Board of Directors, or its duly authorized agent, shall have the authority to and shall obtain insurance on such owner's lot and improvements thereon. Whether blanket or individual policies, such policies shall specifically cover each unit owner's garage. Such policies shall provide that .insurance proceeds paid on account of lossof, or damage to, the real property shall be adjusted with the carrier(s) by the Association and shall be payable solely to the home owner's mortgagee, if any, and the Eastwood Commons Sunnyhill Homeowners Association, Inc., as Insurance }.� Trustee for the homeowner(s). Such insurance proceeds shall be applied to repair or restoration of the property as hereinafter provided. All such insurance policies shall provide that coverage may not be cancelled by the carrier without first giving the Association and unit mortgagee, if any, ten (10) days written notice of cancellation. All such policies shall contain, if obtainable, a waiver of the right of subrogation against any unit owner, members of the unit owners family, the Eastwood Commons. Sunnyhill Association, Inc. its directors, officers, agents, and employees, as well as waiver of the "pro -rats" clause. The Association shall also obtain a broad form v public liability policy covering all common areas and all damage or injury caused by negligence of the Association or any of its agents, directors, officers, or employees in the amount of not less than one million dollars for each occurrence and such policies shall contain a'waiver of the right of subrogation against members of the Eastwood Commons Sunnyhill Homeowners Association, Inc., its directors, officers and employees. Premiums for insurance obtained by the Hoard of n: Directors on any individual residence and garage (other than in the above blanket policy) shall not be part of the common expense or annual maintenance assessment, but shall be an expense of the owners) of the specific residence or. residences so covered and a debt. owed by such owners and shall be paid within twenty'(20) days . after notice of such debt and shall be collectible by any procedure permitted by the laws of the State of New York. In addition, if such debt is not paid within twenty (20) days after notice of such debt, such amount shall automatically become a lien upon such owner's residence and shall continue to be such lien until fully paid. This lien shall .be subordinate to the lien of any first mortgage and shall be enforceable in the same manner as any lien created by failure to pay the, maintenance # assessments. -2_ /. �M�A'M�1^.{��s+e..T:'mM%V¢'f?I!M.tnRUWRa+M '�`}. - W'i!�ee Tnwq.'a.#?tMYtb+4"rv.^+.#vwxYl NAMti]wRW'u�Vq.+Ntl*bWR�s�sMtlM�1WA+:.n.v r imi 62 rat 140 owner rry�f he or she own apese carry anyand all other insurance he or she deems advisable beyond that included in policies acquired or required by the Association. In the event of damage or destruction by fire or ' other casualty to any property covered by insurance payable to the Association as trustees for the homeowner or under the blanket policy, the Board of Directors shall, with the concurrence of mortgagees, if any, upon receipt of insurance proceeds, contract to rebuild or repair such damaged or destroyed portions of the property to as good condition as formerly. All such insurance proceeds shall be deposited in a bank or other financial institution, the accounts of which bank or institution are insured by a Federal governmental agency, with the provision agreed to by said bank or institution that such funds may be withdrawn only by signature of a least one- third (1/3) of the members of the Board of Directors, or by an agent duly authorized by the Board of Directors of the Association. The Board of Directors shall obtain bids from at least two reputable .ontractors, and then may negotiate with any such contractors who may be required to provide a full performance and payment bond for the repair or reconstruction or rebuilding of such building or buildings. With respect to any deductible owing or in the event that insurance proceeds are insufficient to pay all costs of repairing and/or rebuilding to as good condition as formerly, the Board of Directors shall levy a special assessment, as provided in Article TV, Section 1, against all owners of the damaged residences (including garages) in such proportions as the Board of Directors deem fair and equitable in the light of the damage sustained by such residences to pay the deductible or to make up any deficiency. To pay any deductible or to make up any deficiency for repair or rebuilding of any improvements in the common area, the special assessment shall be levied against all owners, in equal proportions or in proportion to the rate of payment of annual maintenance and special assessments whichever method of payment is determined to be fairer under the circumstances by the Board of Directors of the Association. In the event such insurance proceeds exceed the cost of repair and reconstruction, such excess shall be paid over to the respective mortgagees and owners in such proportions as the Board of Directors deem fair and equitable in light of the damage sustained by such residences. Such payments shall be made to all such -owners and their mortgagees as their interests may . appear. Notwithstanding the foregoing provisions of this Section 14, it is further provided that the requirement for the maintenance of insurance on a residence shall not apply to any residence acquired by the Veteran's Administration or Federal Hous:ng`Administration under a mortgage foreclosure during the period of ownership by either of said Veteran's Administration or Federal -3- ( s .Il:..n«v... x«.o.Ycstiali�'aNaw e Housing Administration." UttA 6210Ct 141 3. Article X, Section 3 is amended to read as follows: i a"Section 3. Amendment. The covenants and restrictions of this Dec 7arat on s a 1 run with and bind the land, for a term of twenty (20) years from the original recording date of this Declaration, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by the owners of not less than ninety percent (901) of the Lots, and thereinafter by instrument signed by the owners of not less than seventy-five percent (75%)' of the Lota. Any amendment must be recorded. Any amendment to this Declaration at a time when thirty percent (30e) or more of the Lots are owned by the same owner, and any amendment at any time to Article X, Section 3, shall be approved by the Town Board of the Town of Ithaca before becoming effective and before being recorded." These amendments shall be effective as of the 1st day of June, 1997. Unit Name Signature Witness 30A Daryl Bem 30B Russell Davies 30B Patricia Davies 30C T. J. PAolangeli 30D Richard Rideout 30D Nancy Rideout 30E Thomas Ormond 30E Robyn Ormond k 30F Kathleen Rasmussen E 31A Helen Steh -4 ( _ ..n+w� `* vr+`"�.ii.*'r.T pit t•,,.w.n.an..m.,a».+rwk w.9o�+a«w.n.ara<+r^rma.,w,..+nn.urraro-sa.su�.w�r+ews�,a..,. l x �.. ..-; .. ., ;. r:' x' .xi. .f , _. _ . r-"•v'�zY�, h:k .. .. ^z, w» . r < 'C A""�2-T"�'�w, r`" �+++ww.ww L.wrwww«+w.na.w.wnro.v....�.....roc.,,+.a,..w�w..�..�.:,>�.. ...:.,.+w..w:. ., r. ,.w.w., >....v..•.ti,..�.wA �...,.......:+.«M+..M+r;+«vw.rn.«v..s�.rw+w.�w.nw�rrwwrrurru.�+M�.n""'M ' Ake i. t62 rm '142 unit Name. Signature ,Nitness 31B Mark Keaelman , 31C Linda Van Ness 31D Son Wee Aw 3 • t 1 • ;�r .v,'Wraa4� ¢ni�lgaanT } t � (? i "fit -5- f e i .,. "`�."ww.*�...•w.,.w..-�,.-sw.4»..m.,.w�..�wm-....„a.rw.�rw�wra.F saw...�w�uoawaew�.rrv:+ewr�.e�c�TTT � . _ 62 ►44,1143 The Town Board of the Town ,of Ithaca approved the foregoing amendments by resolution of the Town duly adopted at _Board a meeting held June 9, 1997. Dated: TOWN OF ITHACA By. Catherine a en no, Town upery nor STATE OF NEW YORK ) SS: COUNTY OF TOMPKINS ) On this th day of 1997, before me, came CATHERINE VALEMNO, to me personay own who, being, by me duly F. i. : aWorn, did depose and say that she resides at 110 Eastern Heights Drive, Ithaca, New York, and that she is the Supervisor of the Town of Ithaca, who executed the within instrument, and she acknowledged to me that she 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. • r Notary Public } Nl��