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Home My WebLink About596852-002No. of Pages: (including this cover page) Receipt No. Date: Time: Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Fax: (607) 274-5445 11 596852 09/06/2012 03:39 PM Document Type: EASEMENT/LEASE Parties To Transaction: PYRAMID MALL -TOWN ITHACA Town/City: Deed Information Taxable Consideration: $0.00 State Transfer Tax: $0.00 County Transfer Tax: $0.00 RETT No.: 00180 State of New York Tompkins County Clerk Instrument Number *596852-002* Delivered By: BARNEY GROSSMAN DUBOW MARCUS & ORKIN Return To: BARNEY GROSSMAN DUBOW MARCUS & ORKIN SENECA BUILDING WEST SUITE 400 119 EAST SENECA STREET ITHACA, NY 14850 Mortuage Information Taxable Mortgage Amount: Basic Mortgage Tax: Special Mortgage Tax: Additional Mortgage Tax: Local Mortgage Tax: 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. a'4'0' e r&'t� Tompkins Coun�f Clerk Please do not remove this page. SCLIWC N. Triphammer Rd. Water Main Replacement/Relocation Project Easement Document. — Pyramid.4b 8:16.12 PERMANENT AND TEMPORARY EASEMENTS For Public Water Main Replacement and Relocation THIS EASEMENT is made as of the J! J�-- day of August, 2012 by and between Pyramid Mall of Ithaca LLC situated in the Village of Lansing with an address of 40 Catherwood Road, Ithaca, New York 14850 ("Grantor") and the Town of Ithaca, as agent for the Southern Cayuga Lake Intermunicipal Water Commission, with an address of 215 North Tioga Street, Ithaca, New York ("Grantee"). WHEREAS, Grantor holds beneficial and fee title to property adjacent to and/or near the current location of public water infrastructure of Grantee; and WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission is seeking to (i) install new and relocated public water infrastructure for the purposes of providing, replacing, relocating, maintaining and repairing necessary public water infrastructure as currently determined by Grantee, and (ii) obtain necessary easement areas and rights related thereto; and WHEREAS, Grantor and Grantee hereby provide for such easement areas and rights as so determined, required and confirmed as set forth hereinafter; NOW, THEREFORE, in consideration and furtherance of the above, and for the mutual premises set forth herein and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: 1. Grantor hereby grants and releases to Grantee, its successors and assigns, permanent and temporary easement rights for access over and across, and use of, portions of the Property as may be necessary or appropriate for the installation, construction, reconstruction, use, operation, maintenance, alteration, repair, removal, replacement or relocation of certain public water infrastructure to be constructed by Grantee, together with related improvements as situated under and/or upon the Property. The rights granted hereby shall include the right to trim and/or remove trees, shrubs, other vegetation or natural materials within the easement area only as may be necessary to exercise the foregoing rights. The temporary Easements and temporary easement rights provided for herein shall expire upon the final completion of the water main replacement and relocation project to be performed within the permanent Easement area. 2. The easement area(s) shall consist of the area(s) identified and set forth in more detail on the map(s) annexed hereto as Schedule A and made a part hereof. 3. The rights granted hereby shall include the right of reasonable access over the easement area(s) and the public roads, private roads, driveways, sidewalks, parking areas and other areas adjoining said easement area(s) granted by Grantor or such other necessary parties for the purposes of Grantee exercising the rights granted herein. 4. The consideration from Grantee to Grantor for the Easements and easement rights shall be as set forth on Schedule B annexed hereto and made a part hereof. SCLIWC N. Triphammer Rd. Water Main Replacement/Relocation Project Easement Document. — Pyramid.4b 8.15.12 5. Grantor warrants and covenants to Grantee that (i) Grantor shall not alter the improvements, facilities and utilities installed and constructed within the easement area(s) in accordance with the rights granted hereby, and (ii) no buildings, structures or improvements shall be constructed or erected within the easement area(s) or any adjoining area that may interfere with the exercise of Grantee's rights hereunder or with Grantee's access to the easement area(s). 6. All of the covenants, terms, conditions and restrictions set forth in this easement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, and this easement shall run with the land in perpetuity. 7. Grantor shall reimburse Grantee for any and all costs the Grantee may incur, including, but not limited to, reasonable attorney's fees, arising out of Grantee's enforcement of this easement. The terms of this section shall survive any termination of this easement. 8. Grantor warrants and covenants to Grantee that Grantor is the beneficial and fee owner of the Property containing the easement area(s), and such title is not encumbered in any manner other than with usual and customary utility easements and subordinate mortgage, and use restrictions aiding in the development of the Property, none of which prevent, prohibit or interfere with either Grantor's grant to Grantee of the rights set forth herein or Grantee's exercise of such rights. Grantor reserves all rights accruing from Grantor's ownership of beneficial and fee title to the Property containing the easement area(s), except to any extent that exercise of such rights and Grantor's use of such property conflict with the terms of this easement. 9. Grantor and Grantee respectively agree to indemnify and hold harmless the other p4rty and its officers, employees, agents, contractors and authorized consultants, against any property damage and personal injury claims, causes of action, judgments, liabilities, costs or damages (including reasonable attorneys fees) arising out of the negligence or willful misconduct of the responsible indemnifying party and its officers, employees, agents, contiactors and authorized consultants. 10. This easement and the provisions hereof shall run with the land. Grantee shall cause this easement grant to be recorded in the office of the Clerk of Tompkins County, New York within 15 days of execution and delivery thereof to Grantee, at Grantee's expense; and shall provide Grantor with documentary proof of the recording and referencing of this instrumen: as indicated above within 10 days after recording. 11. This easement (i) shall be governed by the laws of the State of New York, (ii) constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, (iii) supersedes all prior agreements, understandings and arrangements, both oral and written, between the parties hereto with respect to such subject matter, and (iv), may not -be modified in any way unless by a written instrument executed by all parties. The waiver by any party hereto of a breach or violation of any term or provision of this easement shall not operate or be construed as a waiver of any subsequent breach or violation. If any court of corr peient jurisdiction holds any provision of this easement invalid or unenforceable, the other provisions of this easement will remain in full force and effect. Any provision of this easement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held 2 SCLIWC N. Triphammer Rd. Water Main Replacement/Relocation Project Easement Document. — Pyramid.3b 7.30.12 invalid or unenforceable. 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 easement. Each party executing this easement 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 easement, (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 easement has undertaken all actions required to enter into this easement, and (iv) his or her signature represents the binding obligation of such entity. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same document. The exchange of copies of this Agreement and of signature pages by facsimile transmission or electronically shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile or electronically shall be deemed to be their original signatures for all purposes. IN WITNESS WHEREOF, Grantor and Grantee have executed this easement as of the date first set forth above. Grantor: Pyramid Mall of Ithaca LLC am Print Name: Title: Grantee: Town of Ithaca, as agent for the Southern Cayuga Lake Intermunicipal Water Commission am Print Title: ""Sep' 3 SCLIWC N. Triphammer Rd. Water Main Replacement/Relocation Project Easement Document. — Pyramid.3b 7.30.12 invalid or unenforceable. 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 easement. Each party executing this easement 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 easement, (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 easement has undertaken all actions required to enter into this easement, and (iv) his or her signature represents the binding obligation of such entity. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same document. The exchange of copies of this Agreement and of signature pages by facsimile transmission or electronically shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile or electronically shall be deemed to be their original signatures for all purposes. IN WITNESS WHEREOF, Grantor and Grantee have executed this easement as of the date first set forth above. Grantor: Pyramid Ka# of Ith#a LLC Print Name: Title: Grantee: Town of Ithaca, as agent for the Southern Cayuga Lake Intermunicipal Water Commission Print Name: Title: 3 SCLNVC N. Triphammer Rd. Water Main Replacement/Relocation Project Easement Document. — Pyramid.4b 8.15.12 STATE OF NEW YORK COUNTY OF TOMPKINS )ss.: On the ��e4day of August in the year 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared ►'fie C% ,personally known to me or proved to me on the basis of satisfactory evidence to 6e the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the 7inse7n:t, Notary Public DAVID A. DUBOW NOTARY PUBLIC, STATE OF NEWYOR( STATE OF NEW YORK ) NO.02DU4644207 QUALIFIED IN TOMPKINS COUN1Y COUNTY OF TOMPKINS )ss'• COMMISSION EXPIRES JANUARY 31, 204V On the day of August in the year 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to ine,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. Notary Public 4 SCLIWC N. Triphammer Rd. Water Main Replacement/Relocation Project Easement Document. — Pyramid.3b 7.30.12 STATE OF NEW YORK COUNTY OF �� ass.: On the ay of August in the year 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared lC11►c o A . UnQ-'\ , 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/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. STATE OF NEW YORK COUNTY OF TOMPKINS ass.: ELIIAIMM A. FALLON Notary Public, State of New Yak 001gied in Onondaga Co. Na O1FA6zz Commission EVkes Memb 7,101 On the day of August in the year 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared , 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. Notary Public 4 SCLIWC N. Triphammer Rd. Water Main Replacement/Relocation Project Easement Document. — Pyramid.4b 8.15.12 SCHEDULE A Attached Map(s) 0 i cgry�� 40 • � �r CA D w - ` _ ROAD p ST�E� 4 - - J Rollow �\ ` �r tt a M H �� y GH ginji gm 4 � X CR! rF7 v pz n V a i' N o 0rn5 2 0 � z > z$M-0� M C (A 0� cr _ N0> cC I n g �mZ ' n ,- STREET LINE FO PYRA DRIVE STREET LINE J ' ' SCLIWC N. Triphammer Rd. Water Main Replacement/Relocation Project Easement Document. — Pyramid.4b 8.15.12 SCHEDULE B Consideration from Grantee to Grantor Grantee agrees that restoration measures associated with the proposed water main along the loop road easement area running under the center of the east (northbound) lane will include a 2-inch mill and full overlay of the entire lane as indicated in Note #3 of Construction Drawing CA In the event that such 2-inch mill and full. overlay of the entire lane requires additional work and/or repair covered under the one year warranty provided by the contractor, Grantee shall direct such contractor to comply with all applicable warranty provisions and complete all additional work and repairs as required. 0