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HomeMy WebLinkAbout519339-016Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Fax: (607) 274-5445 No. of Pages: 3 Receipt No. 519339 DATE: 12/20/2007 Time: 01:37 PM Document Type: EASEMENT/LEASE Instrument Number *519339-016* Delivered By: CORNELL COUNSEL Return To: CORNELL COUNSEL Parties To Transact on: CORNELL UNIVERSITY Deed Information Consideration: $0.00 Transfer Tax: $0.00 Mortgage Information Mortgage Amount Basic Mtge. Tax: RETT No: 01531 Special Mtge. Tax County Transfer Tax. $0.00 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 aw"�' e u'�� - Tompkins County Clerk 11111111111111111111111111111111111111111111111111111111111111111111111 OPERATION AND MAINTENANCE AGREEMENT "Pedestrian Walkway" This Agreement is made effective as of theo2O day of December, 2007, by and between the TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga Street, Ithaca, New York (the "Town"), and CORNELL UNIVERSITY, c/o Real Estate Department, Box DH-Real Estate, Ithaca, New York 14853 ("Cornell"). WITNESSETH: WHEREAS, 1093 Group, LLC ("1093 Group") received final site plan approval for the Rite Aid Pharmacy and the redevelopment of Judd Falls Plaza from the Town's Planning Board by resolution number 2005-121 dated 12/6/05 at 322-350 Pine Tree Road and 930-946 Mitchell Street, Ithaca, New York in the Town of Ithaca, Tompkins County, New York; and WHEREAS, as a condition of such Approvals, 1093 Group constructed and maintained the approved pedestrian walkway and entered into an agreement with the Town regarding the same; and WHEREAS, 1093 Group has conveyed to Cornell a portion of its property containing the approved pedestrian walkway, which portion is designated as Parcel B on a survey map entitled "Subdivision Map Showing Lands of 1093 Group LLC, No. 322-350 Pine Tree Road, Town of Ithaca, Tompkins County, New York," dated August 2, 2007 and prepared by T. G. Miller P.C., Darrin A. Brock, NYS License No. 050597, which was recorded on Decemberz-0, 2007, in the Tompkins County Clerk's Office as Instrument Number ;and WHEREAS, Cornell and the Town wish to clarify Cornell's obligations to the Town with respect to that portion of said walkway located on Parcel B. NOW, THEREFORE, in consideration of the mutual promises recited herein and in furtherance of the public purposes of providing maintenance, the parties agree as follows: 1. Maintenance of Walkway. Cornell agrees for itself, its legal representatives, successors and assigns and any other persons or entities who obtain title to any portion of the properties on which any of the Pedestrian walkway is located, to maintain those portions of the walkway located on Parcel B to insure that the said walkway continues to function for its intended purpose and as designed, such maintenance and snow removal to be to the reasonable satisfaction of the Town Director of Engineering. At a minimum, such maintenance shall include appropriate snow removal and salting (the threshold for snow removal is typically 2"); along with any repairs necessary from time to time that may affect the use of this walkway. 2. Open to Public. Those portions of the walkway located on Parcel B shall be open to the public at all reasonable times for the purpose of providing access from Mitchell Street to all of the stores and enterprises in the Judd Falls Plaza and to the existing sidewalk on Pine Tree Road. 3. Indemnity. Cornell agrees to indemnify and hold harmless the Town of Ithaca from any and all claims, losses, or expense (including reasonable attorneys' fees) arising out of the presence and/or use of those portions of the walkway located on Parcel B, or arising out of the breach of this agreement by Cornell. 4. Insurance. Cornell, at its sole cost and expense, agrees at all times to maintain and pay for a system of self-insurance that provides comprehensive general liability coverage (including coverage for personal injury and property damage), naming the Town of Ithaca as an additional insured for liability purposes, in a combined single amount of not less than $1,000,000 for each occurrence and $2,000,000 in the aggregate, to be increased from time to time to adjust for inflation. 5. Representation as to Authority. Each of the persons executing this Agreement on behalf of the parties represents that he or she has full authority to execute the same on behalf of his or her party, and that by his or her execution, the party for which he or she is executing this Agreement is fully bound by its terms. 6. Bindin Effect. ffect. This Agreement shall be binding upon the respective parties hereto, their successors and assigns, and shall run with the land. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. TOWN OF ITHACA By. - Vjvoi��- Catherine Valentino, Supervisor CORNELL UNIVERSITY By: ] _ St hen T. Golding Executive Vice Presid nt for Finance and Administration 2 STATE OF NEW YORK ss.. COUNTY OF TOMPKINS On the IS 'L day of December, in the year 2007, before me, the undersigned, a notary public in and for said state, 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 capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public SUSAN HAJDA BLOCK STATE OF NEW YORK Notary Public, State of New York No. 4955730 ss.: Qualified in Tompkins County COUNTY OF TOMPKINS Commission Expires September `�, ';'101 On the 1 day of December, in the year 2007, before me, the undersigned, a notary public in and for said state, personally appeared Stephen T. Golding, 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 which the individual acted, executed the instrument. N Akir-Y H. PAGLIARO Nnt�*aite of Now York 2939x87 ^s County Commissu,n tx,..ij vs r&uws171rrar 30, SECTION 62 BLOCK 1 LOT 3.2 (portion) CITY OR TOWN Ithaca Notary Publk