HomeMy WebLinkAbout519339-019Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
(607)274-5431
Fax: (607) 274-5445
No. of Pages: 2
Receipt No. 519339
DATE: 12/20/2007
Time: 01:39 PM
Document Type: EASEMENT/LEASE
Instrument Number
*519339-019*
Delivered By: CORNELL COUNSEL
Return To:
CORNELL COUNSEL
Parties To Transaction: CORNELL UNIVERSITY
Deed Information
Consideration: $0.00
Mortgage Information
Mortgage Amount
Transfer Tax: $0.00 Basic Mtge. Tax:
RETT No: 01534 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
Tompkins Count)f Clerk
111111111111111111111111111111111111111111111111111111111111
OPERATION AND MAINTENANCE AGREEMENT
"Pedestrian Walkway"
THIS AGREEMENT is made this r a 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 1093 Group, LLC, 295 Main Street, Suite 210,
Buffalo, New York 14203 ("1093 Group").
WITNESSETH:
WHEREAS, 1093 Group, LLC 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 subsequently conveyed a portion of its property to
Cornell University and has retained ownership of a portion of its property containing
the approved pedestrian walkway, which retained portion is designated as Parcel A 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 Darrin A. Brock, NYS License No. 050597, which was recorded on
December Za, 2007, in the Tompkins County Clerk's Office as Instrument No.
(q 33q- m and
WHEREAS, 1093 Group and the Town wish to clarify 1093 Group's obligations to
the Town with respect to said walkway.
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. Maintenanceof Walkway. 1093 Group 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 A 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.
3. Open to Public. Those portions of the walkway located on Parcel A
shall be open to the public at all reasonable times for the purpose of providing access
2
from Mitchell Street to all of the stores and enterprises in the Judd Falls Plaza and to
the existing sidewalk on Pine Tree Road.
4. Indemnity. 1093 Group 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 A, or arising out of the breach of this agreement by 1093
Group.
5. Insurance. 1093 Group, at its sole cost and expense, agrees at all times
to maintain and pay for comprehensive general liability insurance (including coverage
for personal injury and property damage), using its best efforts to name 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.
6. Representationas 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.
7. Binding Effect. This Agreement shall be binding upon the respective parties
hereto, their successors and assigns, and shall run with the land.
S. Termination of Prior Agreement. This Agreement shall supersede a certain
prior Operation and Maintenance Agreement regarding a "Pedestrian Walkway"
made by 1093 Group, LLC and the Town of Ithaca dated August 4, 2006 (the "Prior
Agreement"). Accordingly, 1093 Group and the Town hereby declare that the Prior
Agreement is hereby terminated of record and is of no further force and effect.
IN WITNESS WHEREOF, the parties have executed this agreement the day and
year first above written.
TOWN OF ITHACA
By: l.&A r
Catherine Valentino, Supervisor
1093 GROUP, LLC
By:
Carl P. Paladino, Manager