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HomeMy WebLinkAbout494765-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax 607-274-5445 No. of Pages: 6 Receipt No. 494765 DATE: 08/08/2006 Time: 10:17 AM Document Type: MISC RECORDS INSTRUMENT NUMBER *494765-001 * Delivered By: BARNEY GROSSMAN DUBOW M Return To: BARNEY GROSSMAN DUBOW MARCUS SENECA BUILDING WEST SUITE 400 119 EAST SENECA STREET ITHACA, NY 14850 Parties To Transaction: ITHACA TOWN OF / EVANS Deed Information Mortpanie Information Consideration: Mortgage Amount Transfer Tax: Basic Mtge. Tax: RETT No: Special Mtge. Tax: Additional Mtge. Tax: State of New York Tompkins County Clerk Mortgage Serial No.: This sheet constitutes the Clerk endorsement required by Section 316-A(5) & Section 319 of the Real Property Law of the State of New York. DO NOT DETACH Tompkins County Clerk NIA WI IIN 11 NM IW nN 1111 N111 VVI IN VII WATER SERVICE EXTENSION AGREEMENT THIS AGREEMENT, made this _2nd day of _August, 2006, by and between the TOWN OF ITHACA, a municipal corporation with its offices at 215 North Tioga Street, Ithaca, New York 14850 (hereinafter referred to as the "Town"), and EDWARD A. EVANS and BRENDA A. EVANS, TRUSTEES OF THE EVANS FAMILY TRUST, U/A DATED NOVEMBER 1, 2001, both of 1101 Taughannock Boulevard, Ithaca, New York 14850 (hereinafter collectively referred to as "Customer"). WITNESSETH: WHEREAS, Customer has requested permission to hook up to the Town of Ithaca water system (hereinafter referred to as the "Town Water System") certain residential improvements on Customer's property (Ulysses Tax Parcel No.31.-2-19) situated in the Town of Ulysses and adjoining the Town of Ithaca Town Line and fronting on Taughanock Boulevard and known by the mailing address 1101 Taughannock Boulevard, Ithaca, New York 14850 (such property of Customer hereinafter referred to as "Customer's Property"); and WHEREAS, Customer is desirous of executing an agreement with the Town for such book -up and supply of water to said residential improvements on Customer's Property, and the Town is willing to enter into such agreement subject to the conditions set forth in this agreement; and WHEREAS, the Town of Ulysses does not at present have any water district which includes Custormer's Property, nor is there any other source of public water for the service of such Property; and thus the Town of Ithaca is therefore willing to permit and authorize the provision of such water supply by the Town as hereinafter provided; and WHEREAS, the Town is permitted to provide water service to parties outside of the Town in accordance with Section 209-q(1)(c) and Section 198(3)(b) of the Town Law of the State of New York; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Subject to the terms and provisions hereinafter set forth, the Town hereby authorizes and grants permission to Customer to obtain water from the Town Water System. 2. Customer shall pay for and install, construct, repair and maintain the hook-up to the Town Water System in accordance with specifications and under the supervision of the appropriate representatives of the Town and the Southern Cayuga Lake Intermunicipal Water Commission (hereinafter referred to as "SCLIWC"), and in accordance with all applicable local, state and federal rules and regulations. The Town shall be notified in advance (except in the Page 1 of 6 Evans Water Supply Agreement; Zeus, JCB Ithaca Agreements, W118 0; August 2, 2006 (3.34pm) Town reserves the right to suspend the supply of water to Customer's Property and the improvements thereon in the event that Customer fails to comply with all such applicable local, state and federal rules and regulations or otherwise breaches the terms and provisions of this Agreement. 3. Customer shall pay to the Town the same amount of amortization of any and all indebtedness that has been or may in the future be incurred to provide water services and supply for the Town as Customer would pay if Customer's Property and the improvements thereon were entirely included within the boundaries of the Town. Without limiting the foregoing, Customer shall pay, in addition to the other charges set forth below, the same water benefit charge payable by any other Town of Ithaca property that is connected to the Town Water System, calculated in accordance with the water benefit formula applied to Town of Ithaca properties. Said payment shall be due and payable with the first quarterly payment each year for water usage as set forth in the next paragraph. 4. Customer shall pay to the Town quarterly an amount to be determined by multiplying the amount of water used by the Customer multiplied by the rate which the Town charges to its customers located within the Town multiplied by 1.25. The current rate the Town charges to its customers is $3.20 per one thousand gallons of water and accordingly the rate payable by Customer shall be $4.00 per one thousand gallons of water. The rate payable by Customer shall change from time to time as the rate the Town charges its other customers changes. Any rate change shall be effective at the same time as the change in rate to other customers. The payments due the Town hereunder shall be made to the Town on quarterly dates as agreed between the parties, and otherwise on the l st of February, May, August, and October. 5. There shall be installed a meter at the Customer's premises and a shut-off valve at the point where the Town water line connects to the Customer's system, or at a location as close as possible to such point as is mutually agreeable to the Town, Customer, and SCLIWC. Such meter installation shall be made by SCLIWC at the expense of the Customer. Such meter shall be the basis for billing for water supplied to the Town by SCLIWC and to Customer by the Town. The Town shall read, or arrange to have SCLIWC read, or require Customer to read, such meter at quarterly or more frequent intervals as determined by the Town or SCLIWC. 6. Prior to the use of water pursuant to the terms of this Agreement, Customer shall obtain approval if required from the Tompkins County Health Department. 7. The parties hereto hereby acknowledge and agree that as a matter of public policy, and in accordance with Section 198 of the Town Law of the State of New York, it is in the best interests of the public generally that the supply of water to the Town be of primary concern and that the Town may not permit the use of its water supply under this Agreement if thereby the supply for the Town or its inhabitants will be insufficient. Accordingly, it is hereby further acknowledged and agreed by the parties hereto that (i) in the event the capacity of the Town Water System and/or facilities is diminished for any reason whatsoever, temporarily or long-term, water will be supplied first to the existing inhabitants of the Town before being supplied to any users outside the boundaries of the Town, and (ii) if necessary to provide water to the Town inhabitants, the Town may suspend supplying water to Customer's property and the improvements thereon and any or all of the other Page 2 of 6 !,,'vans Water Supply Agreement, Zeus, JCB Ithaca Agreements, WP8.0: August 2, 2006 (3:34pm) users of the Town Water System outside of the Town boundaries until such time as sufficient capacity is restored. In such event, Customer agrees that Customer will have no claim against the Town for any damages resulting therefrom. 8. This Agreement shall be for an initial term of approximately thirty years commencing from the date authorization to hook-up is obtained from SCLIWC and ending December 31, 2035. Thereafter this agreement shall continue year to year, and may be terminated by either party at the end of any calendar year upon six months' prior written notice to the other party. Termination pursuant to this paragraph, however, shall not relieve Customer from any obligations arising prior to such termination. 9. Customer agrees that the initial and only improvements on Customer's Property to be served by the Town Water System pursuant to the terms and provisions of this Agreement at any time shall be one single family house. No other facilities, houses, or structures will be served by such water connection except upon receipt of consent for same obtained pursuant to the next paragraph. The maximum daily usage of water on the premises shall not exceed 1000 gallons. 10. In the event that Customer hereinafter desires water supply for any building, improvement and/or use not provided for above, Customer shall make application to the Town for the prior approval of such additional building, improvement and/or use. The Town in its absolute discretion may decline to allow such further connection or use. 11. Notwithstanding any other term or provision of this Agreement, in the event that the Town deems it necessary and/or appropriate to repair or maintain the water system installed on Customer's premises, Customer hereby grants to the Town a right of ingress and egress to all of the water lines installed on Customer's Property for the purpose of properly maintaining, repairing and operating said water system. Customer shall also provide reasonable access to Customer's Property for inspection by the Town and other necessary and responsible agencies, including access from time to time for the purpose of maintaining, certifying, inspecting, and reading any meters measuring the amount of water consumed on the Customer's Property. 12. The rights and obligations of Customer hereunder may not be assigned to any other parties without the prior written consent of the Town, which consent may be granted or not granted in the sole and exclusive discretion of the Town. The water lines on Customer's Property may not be extended to other properties located inside or outside of the Town of Ulysses, nor may water provided to Customer under this Agreement be provided or sold to any other parties. 13. In the event that Customer fails to pay to the Town any amount due and owing pursuant to the terms of this Agreement, the Town shall have any and all remedies permitted by law for the collection of said amounts. Without limiting the foregoing, A. The Town may institute a legal proceeding for the collection of said amount; and Page 3 of 6 Evans Water Supply Agreement, "Zeus; JCB Ithaca Agreements, WP8 0, August 2, 2006 (3:34pm) B. The Town may immediately discontinue water service to the property. Any unpaid amounts shall bear interest at the rate of 12% per annum from the due date until paid in full plus any late payment charges assessed by the Town generally on late or unpaid water bills. Notwithstanding the foregoing, in the event the total charges exceed those that may be lawfully charged under the usury laws of the State of New York, the interest rate shall be reduced by an amount such that the total charges are no longer in excess of those permitted to be charged without committing usury. As additional consideration for the supplying of water hereunder, Customer agrees to pay all reasonable costs of the Town in attempting to collect any amounts due. Such costs include, but are not limited to, engineering time and fees including the engineering time of any employee of the Town incurred in negotiating any amounts owed, and in terminating the supply of water; any attorneys time and fees including attorneys time of any employee of the Town incurred in negotiating any amounts and in prosecuting any claims for amounts due, both before and after litigation may have been commenced; and any other costs or expenses of the Town incurred in handling the delinquency. 14. In the event that this Agreement is canceled or terminated, the provisions hereinabove contained in paragraph "3" requiring Customer to pay for amortization of Town water supply indebtedness and the provisions contained in paragraph "4" requiring payment for water consumed, and all enforcement provisions hereof, shall survive such cancellation or termination and shall remain in effect until all outstanding amounts due and owing at the time this Agreement is canceled or terminated have been paid in full. 15. Customer agrees to abide by and comply with all laws, rules and regulations relative to water service hereunder as if Customer's Property were entirely included within the boundaries of the Town, including, but not limited to United States Environmental Protection Agency Regulations; New York State Department of Environmental Control Regulations; New York Plumbing Code; Town Cross -Connection Law; and Southern Cayuga Lake Intermunicipal Water Commission Rules and Regulations. 16. Customer shall indemnify and hold the Town and SCLIWC harmless from any and all losses, claims or expenses (including reasonable experts fees and attorneys fees) arising out of the provision of water pursuant to this Agreement except to the extent that any such losses, claims or expenses (including reasonable experts fees and attorneys fees) or portion thereof are found by a court of competent jurisdiction by final judgment after litigation to be the result of the negligence or willful wrongful act of the Town or SCLIWC. 17. Customer agrees to pay the reasonable expenses of the Town and SCLIWC in drafting and executing an agreement for the provision of water service, including reasonable attorneys' fees. 18. This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written, between the parties hereto with respect to Page 4 of 6 Evans Water Supply Agreement; Zeus; JCB Ithaca Agreements WP8.0; August 2, 2006 (3:34pm) such subject matter. This Agreement may not be modified in any way unless by a written instrument executed by all parties. 19. The waiver by any party hereto of a breach or violation of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach or violation. If any court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. 20. The parties hereto agree to execute and deliver such other documents and to perform such other acts as may, from time to time, be reasonably required to give full force and effect to the intent and purpose of this Agreement. 21. The terms and provisions of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and permitted assigns. 22. Each individual executing this Agreement represents and warrants that (i) he or she has the specific authority to bind the party on whose behalf he or she is signing this Agreement, (ii) the consent of any third parties is not required to perfect such authority, (iii) the party on whose behalf he or she is signing this Agreement has undertaken all actions required to enter into this Agreement, and (iv) his or her signature represents the binding obligation of such entity. 23. The supplying of water by the Town pursuant to this Agreement is contingent upon the Town, SCLIWC and the member municipalities of SCLIWC having executed a mutually acceptable agreement or agreements authorizing the Town to sell water obtained from the SCLIWC plant to Customer. Such supplying of water is also contingent upon receipt by the Town, if deemed necessary by the Town, of the consent of the City of Ithaca to such sale of water in the event the water being supplied may at present originate from the City of Ithaca Water Treatment Plant. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year hereinafter written. Date: 8/2/06 Date: D Z TOWN OF ITHACA BY: C c'- Catherine Valentino, Town Supervisor EVANS FAMILY TRUST, U/A DATED NOVEM13ER 1, 2001 By: ward Evans, Trustee Page 5 of* 6 Evans Water Supply Agreement; Zeus, JCB Ithaca Agreements, WP8.0, August 2, 2006 (3:34pm) STATE OF NEW YORK ss.: COUNTY OF TOMPKINS F4il"AK 10— Brenda Evans, Trustee On the 2nd day of August in the year 2006 before me, the undersigned, personally appeared Catherine Valentino, 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 she executed the same in her ca rtfh,�� and that by her signature on the instrument, the individual, or the person upon behalf of is indivi*al acted, executed the instrument. Nota public JOHN C. BARNEY STATE OF NEW YORK I� Notary Public, State of New York J No.02BA0166985 ss. , Qualified in Tompkins County COUNTY OF TOMPKINS : Term Expires September 30, 20 Qi On the (� day of August in the year 2006 before me, the undersigned, personally appeared Edward A. Evans, 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 wh4 the individual acted, executed the instrument. PETER GROSSMAN Notary Public, State of New York No. 02GR4643226 -- Qualified in Tompkins County 3�'� Commission Expires August 31, 20 0�1 Notary Public STATE OF NEW YORK ss.: COUNTY OF TOMPKINS On the r day of August in the year 2006 before me, the undersigned, personally appeared Brenda A. Evans, 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf otdividual acted, executed the instrument. - PETER GROSSMAN Notary Public, State of New York No. 02G R4643226 Qualified in Tompkins County Notary Public Commission Expires August 31, 2U Page 6 of 6