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HomeMy WebLinkAbout599473-004Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tloga Street Ithaca, NY 14850 (607)274-5431 Fax (607)274-5445 No of Pages 14 (including this coverpage) Receipt No 599473 Date 11 /01 /2012 Time 10 20 AM Document Type MISC RECORDS Parties Delivered By MILLER MAYER, LLP Return To MILLER MAYER, LLP To Transaction ITHACARE CENTER SERVICE COMPANY Tow n/City Deed Information Taxable Consideration State Transfer Tax County Transfer Tax RETT No Instrument Number *599473-004* Mortgage Information Taxable Mortgage Amount Basic Mortgage Tax Special Mortgage Tax Additional Mortgage Tax Local Mortgage 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 au'�' e r'L--t- Tompkins County Clerk Please do not remove this page. Ithacare Center Service Company, Inc Stormwater Maintenance Agreement, 2012 OPERATION, MAINTENANCE, AND REPORTING AGREEMENT THIS AGREEMENT is effective thiscday of12012 by and between the Town of Ithaca, a municipal corporation with offices at 215 North Tioga Street, Ithaca, New York 14850 (the "Town"), and Ithacare Center Service Company, Inc., a New York State not -for -profit corporation located at 1 Bella Vista Drive, Ithaca, New York 14850 (the "Owner") WITNESSETH WHEREAS, the Owner received final site plan approval for Longview Patio Homes (the "Approval") from the Town's Planning Board by resolution number 2012-026, dated May 15, 2012, on Tax Parcel No 39- 1-3 2 and 39-1-1 31, in the Town of Ithaca, Tompkins County, New York, and WHEREAS, such Approval was granted conditionally upon the construction, maintenance and implementation of approved stormwater facilities and/or other stormwater management practices, submission of stormwater inspection reports, and an agreement with the Town regarding the same, NOW, THEREFORE, in consideration ofthe granting ofthe Approval and in furtherance of the public purposes of providing adequate stormwater retention and maintenance, the parties agree as follows 1 Construction of Facilities and Implementation of Practices (a) The Owner agrees to construct all of the stormwater management facilities, erosion and sedimentation control facilities and storm drainage facilities (collectively referred to as the "Facilities") shown on the final plans which are part of the Approval, copies of which are on file in the Town of Ithaca offices Without limiting the foregoing, the Owner agrees to construct, at its expense (i) The bioretention area, detention basin, diversion swales, vegetated swales, stormwater lines and rain gardens, which shall be located substantially as shown on drawings prepared by Dunn & Sgromo Engineers and identified as Sheet D1 Stormwater Management Plan dated September 15, 2011, revised October 14, 2011, revised November 28, 2011, revised January 27, 2012, and further revised August 6, 2012 (referred to in this Agreement as the "Drawings", a copy of which is attached hereto), (ii) All other Facilities, including pipes, mains, drains, outlet and inlet structures, manholes, and all other drainage -related facilities and structures, whether above or below grade, which shall be located substantially as shown on the Drawings, and (ru) Such future Facilities as may be required to be constructed by applicable laws, rules, or regulations (b) The Owner further agrees to implement, at its expense, all approved stormwater management practices ("Practices"), in addition to the Facilities, that are required as part of the Approval, and such future Practices as may be required by applicable laws, rules, or regulations (c) All of the Facilities and Practices in subparagraphs (a) and (b) above shall be constructed and implemented as shown on the Drawings, in accordance with good engineering practice and applicable New York State standards and specifications, and to the reasonable satisfaction of the Town Engineer 2 Inspection, Maintenance and Repair of Facilities and Practices The Owner agrees for itself, its legal representatives, successors and assigns and any other persons or entities who obtain title or an interest in Page 1 of 11 Ithacare Center Service Company Inc Stormivater Maintenance Agreement, _ 2012 to any portion of the properties on which any of the Facilities or Practices are located, such agreement being expressly intended to run with the land and be binding forever, to operate, maintain and repair the Facilities and Practices to insure that they continue to function for their intended purpose and as designed In furtherance of such obligation, and without limiting the obligations set forth in the preceding sentence, the Owner agrees to follow the maintenance plan for regular and recurring inspections and maintenance of the Facilities and Practices which is part of the Approval and is set forth in the approved Stormwater Pollution Prevention Plan, prepared by Dunn & Sgromo, dated August 21, 2012 In addition, the Owner shall perform such other inspections, maintenance and repair as may be reasonably required by the Town Engineer in order to assure the continued operation of the Facilities and Practices as intended and designed The Owner, at its own expense, shall perform all of the foregoing inspections, maintenance and repair and any other inspections, maintenance and repair reasonably necessary to keep all Facilities and Practices functioning in a good and workmanlike manner 3 Town Inspections, Repair and other Activities The Owner shall grant to the Town the permanent easement and right-of-way which is attached to this Agreement as Exhibit A The Owner agrees the Town may enter upon the property described in Exhibit A or any portion thereof for the purposes of observing and inspecting the Facilities and Practices at any time and from time to time as may be deemed appropriate, necessary or desirable by the Town, the Town Engineer, or other officers or employees of the Town, and to make repairs to and undertake other actions regarding the Facilities and Practices as set forth below On the occasion of a site visit, the Town will make a courtesy call to Longview at (607)375-6300 to inform the Owner of the Town's presence on site If maintenance deficiencies are found as a result of such inspections, the Town Engineer will notify the Owner in writing, and the Owner shall cause needed repairs to be made and/or needed maintenance performed within the number of days set forth in such notice If the Owner falls to complete the repairs and/or maintenance to the satisfaction of the Town Engineer within the required period, the Town reserves the right (but does not have the obligation) to have the repairs made and/or maintenance performed and will charge the Owner for the cost of such repairs and maintenance The Owner agrees to pay for such repairs and maintenance within 10 days after demand for same Notwithstanding the foregoing, if an emergency exists requiring immediate action, the Owner hereby authorizes the Town, its officers, agents, contractors and employees, to enter upon the property and effect emergency repairs to and perform emergency maintenance on, and/or to alter, remove, replace, or change the size of, any portion ofthe Facilities or Practices in the event of a threat to the safety of the Facilities, Practices or properties adjacent to or downstream of any portion of the Facilities or Practices, with the cost of such activities to be reimbursed by the Owner to the Town within 10 days of demand for same When any portion of any Facility or Practice is located off -site or on the property of a third party, the Owner, at its sole cost and expense, shall obtain easements and rights -of -way thereto acceptable to the Town 4 Contest of Bills In the event the Town makes repairs or undertakes emergency activities as described in paragraph 3 above and issues a demand for reimbursement, and the Owner disputes either the need for the repairs/activities or the cost of the repairs/activities, the Owner, in lieu of paying the amount demanded shall, within 10 days of receipt of the demand, deliver to the Town Clerk at the Town offices a Notice of Contest stating that the need for the repairs/activities, or cost, or both, is in dispute and concisely stating the basis for the dispute Failure to serve such a Notice of Contest shall be deemed a waiver of any claim or defense that the amount demanded is not justified If the Notice of Contest is timely filed, the Town shall, within forty-five days of the filing, arrange for a hearing before the Town Board which, based upon any relevant materials presented by the Town Engineer and the Owner, shall issue a resolution determining the dispute within 10 days after the hearing Such resolution shall be filed with the Town Clerk, who shall arrange for delivery of a copy of the resolution to the Owner, within five days after such filing, at the address for such Owner set forth at the outset of this Agreement or at such other address as the Owner may designate in writing to the Town Clerk and Town Engineer If the Owner disagrees with the resolution, it may bring a proceeding pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York, provided such proceeding is commenced within 30 days of the filing with the Town Clerk of the decision of the Town Board The Page 2 of I 1 Ithacare Center Service Company, Inc Stormwater Maintenance Agreement, 2012 Owner agrees to the shortened statute of limitations of 30 days within which it must assert its claims in any Article 78 proceeding Failure to timely institute such a proceeding shall be deemed an agreement with the decision of the Board 5 Addition to Taxes In the event the Town makes repairs or undertakes emergency activities as described in paragraph 3 above and the Owner fails to reimburse the Town for the cost of said repairs/activities within 10 days after the demand for same, or, if contested by the proceedings set forth above, fails to so reimburse within 30 days of the filing of the final decision on the contest determining the amount due to the Town, then such unpaid costs, expenses and interest at the per annum rate of 9% incurred from the date of repair/activity shall constitute a lien upon the land on which the Facilities or Practices are located The Town may bring a legal action or proceeding to collect such costs, expenses, interest, and recoverable attorney's fees, or to foreclose such hen As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property and Owner so that the Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs, expenses and interest upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca The Owner agrees that the assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation In any action or proceeding brought hereunder, the prevailing party shall be entitled to recovery from the other party of its reasonable costs in prosecuting or defending any action, including reasonable attorneys' fees The prevailing party shall be determined by the court determining the matter "Prevailing party" shall mean a party which is awarded all or substantially all of the relief demanded by such party 6 Inspection Reports The Owner shall submit an annual stormwater inspection report to the Town Engineer on or before the first day of October of each year, with the first report being submitted the first October following the issuance of the Building Permit Notwithstanding the foregoing, Owner shall submit stormwater inspection reports on a more frequent basis or on a different timetable where required by the Approval or by law, rule or regulation Such reports shall, at a minimum, include the location of the property, Owner's contact information, a summary of completed inspections and results of such inspections, and a summary of any maintenance activities or corrective actions undertaken Reports shall be signed by the Owner or other legally responsible party, and shall attest to the accuracy of the information provided in the report Failure to submit the reports, or the submission of inaccurate reports, shall constitute a condition of non- compliance with the site plan Approval and be subject to enforcement as outlined below 7 Alterations and Discontinuation of Facilities and Practices The Owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the Facilities or Practices except in accordance with written approval of the Town and pursuant to any applicable requirements for modification of site plans 8 Additional Requirements The Owner shall comply with all Town of Ithaca stormwater operation, maintenance or reporting local laws, ordinances and regulations as they now exist or are hereafter added or amended The parties agree to amend this Agreement as necessary to incorporate the requirements of any new or amended laws, ordinances or regulations 9 Recording This Agreement shall be recorded in the office of the Tompkins County Clerk and when recorded shall be referenced to the deeds for Tax Parcel No 39-1-3 2 and 39-1-1 31 The costs of recording and referencing to affected deeds and parcels of land shall be the responsibility of the Owner Page 3 of 11 Ithacare Center Service Company, Inc Stormwater Maintenance Agreement, _ 2012 10 Binding Effect and Enforcement (a) The Owner, its legal representatives, successors and assigns, and any other persons or entities who obtain title to or an interest in any portion of the properties on which any of the Facilities or Practices are located shall be bound by the terms of this Agreement The Owner shall execute whatever documents are necessary to make this Agreement binding on any persons or entities who obtain title to, or an interest in, any portion of the properties on which any of the Facilities or Practices are located (b) Failure to comply with any of the requirements of this Agreement shall, without limiting the remedies otherwise available to the Town, constitute a condition of non-compliance with the site plan Approval, shall be deemed a violation of the Town's Zoning Ordinance, and shall be subject to enforcement as outlined in Section 270-239 of the Town of Ithaca Code and Section 268 of the Town Law 11 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 12 Limitation upon Town Liability and Indemnity The Town shall not be liable or responsible for any injury to persons or damage to property due to the Town's actions, or failures to act, under or pursuant to this Agreement, unless it is proven to a reasonable degree of certainty that such injury or damage was caused by a reckless or intentional wrongful act of the Town or, where the Owner is not in breach of this Agreement and no emergency situation exists, by the Town's negligence The Owner agrees to indemnify and hold harmless the Town and its elected officials, employees, agents, subcontractors and consultants for all damages, losses and claims that arise out of the Owner's and/or Town's actions or failures to act under or pursuant to this Agreement, except this indemnification shall not extend to the proportion of damages, losses and claims caused by a reckless or intentional wrongful act of the Town or, where the Owner is not in breach of this Agreement and no emergency situation exists, by the Town's negligence Such indemnity shall include the costs of defending any action, including reasonable attorney fees, expert fees, and other litigation costs 13 Waivers Where the Town Board finds that, due to the special circumstances of a particular case, a waiver of certain requirements in this Agreement is Justified, a waiver may be granted In all cases, no waiver shall be granted unless the Town Board finds and records in its minutes that (1) granting the waiver would be in keeping with the intent and spirit of this Agreement, and is in the best interests of the community, (2) there is no adverse effect upon the character, appearance, or welfare of the neighborhood and any watercourses, watersheds, or surface waters, (3) there are special circumstances involved in the particular case, (4) denying the waiver would result in undue hardship, provided that such hardship has not been self-imposed, and (5) the waiver is the minimum necessary degree of variation from the requirements of this Agreement 14 Assignment The Town may assign this Agreement and any of its rights, duties and obligations to any successor entity or governmental institution, or to any one or more drainage or other districts hereafter created by the Town 15 Severability In the event that any portion of this Agreement is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity Page 4 of 11 Ithacare Center Service Company, Inc Stormwater Maintenance Agreement, _ 2012 IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year first above written TOWN PF ITHAC;2 By 60f Date erbert J ygman, S rvisor /'�-/9-/':� Date STATE OF NEW YORK COUNTY OF TOMPKINS ss ITHACAARRjE CENTER SERVICE COMPANY, INC. Noel Desch, President On the, day of in the year 2012 before me, the undersigned, personally appeared Herbert J Engman personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the mdividual(s), or the person upon behalf of which the individual(s) acted, executed the instrument STATE OF NEW YORK COUNTY OF TOMPKINS ss ' r Notary Pu Debra eAugis ne Notary Publ c - New York No 01DE6148035 Qualified in Tompkins County ff�- My Commission Expires June 19, 204— On On the )9M day of OCh �K- in the year 2012 before me, the undersigned, personally appeared Noel Desch, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the mdividual(s), or the person upon behalf of which the individual(s) acted, executed the instrument Aa44�'-v /1', 1,1&41 Notary Pu is NANCY E WOODARD NOTARY PUBLIC, State o; New York No 01 W05041336 Qualified in Tompkins County Commission Expires April 03, a0i Page 5 of 11 Ithacare Center Service Company, Inc Stormwater Maintenance Agreement 2012 Exhibit A RIGHT-OF-WAY AND EASEMENT THIS INDENTURE is made this d Oday of Q/i 2012, by and between Ithacare Center Service Company, Inc. ("Company"), a New York State not -for -profit corporation located at 1 Bella Vista Drive, Ithaca, New York 14850, Tompkins County Industrial Development Agency, ("Agency" and collectively with Company, "Grantor") and the Town of Ithaca, an incorporated municipality of the state of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 (the "Town") WITNESSETH That the Grantor, in consideration of One and 00/100 Dollar ($1 00) and other good and valuable consideration paid by the Town, the receipt and sufficiency of which are hereby acknowledged by the Grantor and the Town, does hereby grant and release unto the Town, its successors and assigns forever, a RIGHT- OF-WAY and EASEMENT to make lay, construct, operate, observations of, inspect, maintain, alter, repair, remove, replace or change the size of drainage, stormwater and/or sediment control facilities, including ditches, ponds, and other and related appurtenances and devices, together with the rights of free ingress and egress in, over, upon and under the parcels of land described on Schedule A attached hereto (the "Premises"), such parcels being the areas of the permanent easements and rights -of -way, and including the right to trim and/or remove obstructing trees, shrubs and other obstructions on said parcels of land situate in the Town of Ithaca, County of Tompkins and State of New York, with the easement being more particularly described as The footprints of, and 20-foot wide swaths around, as necessary, all drainage, stormwater and sediment control facilities, including without limitation the area around the detention basin being 147'3" north -south and 288' east -west as shown on a drawing entitled Utility Easement Locations Sheet EA 0, dated 8-13-12, made by Schopfer Architects LLP, and/or shown on Sheet D1, titled Stormwater Management Plan, dated September 15, 2011, revised October 14, 2011, revised November 28, 2011, revised January 27, 2012, and further revised August 6, 2012, made by Dunn & Sgromo Engineers, which Sheets are attached hereto and incorporated herem by reference (together with the rights of free ingress and egress in, over, across, upon and under the Premises as necessary to accomplish the above purposes) FURTHER WITNESSETH: That the Company covenants and agrees that no buildings or structures (except for roads, buildings and other structures to be constructed, used and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by Grantee) shall be constructed within the aforesaid right-of-way and permanent easement which will in any way interfere with complete access by the Town, its successors, assigns, employees and agents to lay, construct, operate, make observations of, inspect, maintain, alter, repair, remove, replace or change the size of any drainage, stormwater and/or sediment control facilities, including ditches, ponds, and other and related appurtenances AND, Company further covenants and agrees 1 Company, for itself and all successors and assigns, covenants and agrees that no buildings or structures (except for roads, buildings and other structures to be constructed, used and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by Grantee) shall be constructed within the aforesaid right-of-way and permanent easement which will in any way interfere with complete access by the Town, its successors, assigns, employees and agents to lay, construct, operate, make observations of, inspect, maintain, alter, repair, remove, replace or change the size of any drainage, stormwater and/or sediment control facilities, including ditches, ponds, and other and related appurtenances 2 Company, for itself and all successors and assigns, covenants and agrees that, except for trees or other plants to be installed and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by Grantee, no trees or other plants will be planted or cultivated that may interfere with the said easement and right-of-way Page 6 of 11 Ithacare Center Service Company, Inc Stormivater Maintenance Agreement _ 2012 3 Company, for itself and all successors and assigns, covenants and agrees that, except to the extent necessary for the construction, use and maintenance of roads, buildings and other structures on the Premises in accordance with permits and approvals issued by Grantee, it will not permit or conduct any mining, excavation, construction or blasting within said easement and right-of-way 4 Company, for itself and all successors and assigns, covenants and agrees that, except during the construction or maintenance of roads, buildings and other structures to be constructed, used and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by the Grantee, it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or interferes with the ingress and egress rights of the Town, its successors, assigns, employees and agents 5 Company, for itself and all successors and assigns, covenants and agrees that it will place the following provision in all conveyances of the property or portions thereof covered by this easement, or any rights therein "Being the purpose of the said drainage easement and right -of way to convey rights to the Town of Ithaca for drainage, storm sewer, sediment control and stormwater management purposes, including the conveyance of rights to said Town to lay, construct, operate, make observations of, inspect, maintain, alter, repair, remove, replace or change the size of drainage, stormwater and/or sediment control facilities, including ditches, ponds, and other and related appurtenances and devices, together with the rights of free ingress and egress in, over, upon and under the below- described permanent easement and right-of-way, and including the right to trim and/or remove trees, shrubs and other obstructions all of which rights are (1) set forth in a permanent easement and right-of-way granted to the Town, the terms, obligations and conditions of which are expressly incorporated herein, and (2) assignable by the said Town to any successor or assign, or to any Drainage District now existing or hereafter to be formed " 6 Agency Special Obligations Notwithstanding any other terms or conditions contained in this Right -of -Way and Easement (a) This Right -of -Way and Easement is executed by the Agency solely to grant the Easements set forth in this Right -of -Way and Easement and for no other purpose All representations, covenants, and warranties of the Agency and Company herein are hereby deemed to have been made by the Company and not by the Agency (b) The obligations and agreements of the Agency contained herein or therein shall not constitute or give rise to an obligation of the State of New York or Tompkins County, New York, and neither the State of New York nor Tompkins County, New York shall be liable hereon All obligations of the Agency hereunder shall constitute a special obligation payable solely from the revenues and other monies, if any, derived from the Company by means of this Right -of -Way and Easement Neither the members of the Agency, nor any person executing this Right -of -Way and Easement on its behalf shall be liable personally under this Right -of -Way and Easement No recourse shall be had for the payment of any expenses or costs pursuant to this Right -of -Way and Easement, or based upon or in respect of this Right -of -Way and Easement, or any modification of or supplement hereto, against any past, present, or future member, officer, agent (other than the Company), servant, or employee, as such, of the Agency or of any successor or political subdivision, either directly or through the Agency or any such successor, all such liability of such members, officers, agents (other than the Company), servants and employees being, to the extent permitted by law, expressly waived and released by the acceptance hereof and as part of the consideration for the execution of this Right -of -Way and Easement Any judgment or decree shall be enforceable against the Agency only to the extent of its interest in this Easement Page 7 of I 1 Ithacare Center Service Company, Inc Stormivater Maintenance Agreement _ 2012 and any such Judgment shall not be subject to execution on or by a lien on assets of the Agency other than its interest in the Easement (c) No order or decree of specific performance with respect to any of the obligations of the Agency hereunder shall be sought or enforced against the Agency unless the party seeking such order or decree shall first have requested the Agency in writing to take the action sought in such order or decree of specific performance, and ten (10) days shall have elapsed from the date of receipt of such request, and the Agency shall have refused to comply with such request (or, if compliance therewith would reasonably be expected to take longer than ten (10) days, shall have failed to institute and diligently pursue action to cause compliance with such request) or failed to respond within such notice period If the Agency refuses to comply with such request and the Agency's refusal to comply is based on its reasonable expectation that it will incur fees and expenses, the party seeking such order or decree may, at its option, place in an account with the Agency an amount or undertaking sufficient to cover such reasonable fees and expenses whereupon the Agency shall agree to comply with such request If the Agency refuses to comply with such request and the Agency's refusal to comply is based on its reasonable expectation that it or any of its members, officers, directors, servants, agents (other than the Company) or employees shall be subject to potential liability, the party seeking such order or decree may, at its option, (1) agree to protect, defend, indemnify and hold harmless the Agency and its members, officers, directors, servants, agents (other than the Company) and employees against any liability incurred as a result of its compliance with such demand, and (2) if requested by the Agency, furnish to the Agency reasonably satisfactory security to protect the Agency and its members, officers, directors, servants, agents (other than the Company) and employees against all liability reasonably expected to be incurred as a result of compliance with such request whereupon the Agency shall agree to comply with such request 7 The Company hereby agrees to indemnify and hold the Agency harmless (including payment of reasonable attorney's fees and costs) against and from any liability resulting from this Right -of -Way and Easement and/or action undertaken by the Company pursuant to this Right -of -Way and Easement AND FURTHER, Grantor and the Town acknowledge that the easement and nghts-of-way hereby granted are fully assignable by the Town, without prejudice or recourse TO HAVE AND TO HOLD said nght-of-way and easement unto the Town, its successors and assigns forever IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals the day and year first above written IN PRESENCE OF ITHACARE CENTER SERVICE COMPANY, INC By Exhibit Only /S/ Noel Desch, President TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY By _Exhibit Only /S/ Michael B Stamm, Administrative Director TOWN OF ITHACA By Exhibit Only/S/ Herbert J Engman, Supervisor Page 8 of 11 Ithacare Center Service Company, Inc Stormwater Maintenance Agreement, 2012 STATE OF NEW YORK } COUNTY OF TOMPKINS } ss On the _ day of , in the year 2012, before me, the undersigned, personally appeared Noel Desch, President, 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 STATE OF NEW YORK } COUNTY OF TOMPKINS } ss On the _ day of , in the year 2012, before me, the undersigned, personally appeared Michael B Stamm, 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 STATE OF NEW YORK } COUNTY OF TOMPKINS } ss On the _ day of , in the year 2012, before me, the undersigned, personally appeared Herbert J Engnian, 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 H \0151\0l8\Easements\9-2012 Dra@s\Final Easements\Contract--$tomwater OM Longview Patio Homes Final doc Page 9 of 11 Ithacare Center Service Company, Inc Stormwater Maintenance Agreement, 2012 SCHEDULE A PARCEL 1 [Tax Map #39-1-1.311 ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County of Tompkins, State of New York, bounded and described as follows BEGINNING at an iron pin set at the intersection of the westerly highway line of the State of New York as appropriated for the Ithaca - Danby State Highway No 5043 and delineated on Map 15, Parcel 22, and recorded in the Tompkins County Clerk's Office, said pin being located a perpendicular distance from the present centerline of the Danby Road, State Highway Route No 96B of 110 0 feet and is located 7 7 feet northerly from a granite highway monument found, Running thence westerly an average bearing of N 83 degrees 26' 05" W a distance of 1,434 92 feet to an existing iron pipe, Running thence north an average bearing of N 04 degrees 26' 55" E a distance of 714 42 feet to an existing iron pipe, Running thence N 89 degrees 57' 24" E a distance of 1,375 48 feet to an existing iron pin, Running thence S 78 degrees 28' 05" E a distance of 230 00 feet to an existing iron pin set in the westerly highway line of New York State Route 96B, Danby Road, Running thence S 11 degrees 3 F 5 5 " W along the westerly highway line of New York State Route 96B, the Danby Road, for a distance of 525 0 feet to an existing iron pin, said iron pin marks the northeasterly corner of the scenic overview area as appropriated by the State of New York, Running thence N 78 degrees 33' 31" W along the northerly line of the scenic overview area for a distance of 60 00 feet to an existing iron pin, Running thence S 11 degrees 30' 40" W along the westerly line of the scenic overview area for a distance of 335 64 feet to an existing iron pin, being the point and place of beginning PARCEL 2 [Tax Map #39-1-3.21 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and State of New York bounded and described as follows BEGINNING at an iron pin set in the westerly line of NYS Route 96B (a/k/a Danby Road) said pin being 36 4± feet westerly from a point in the center line of NYS Route 96B (a/k/a Danby Road) which point is 181 f feet north of the intersection of the center line of NYS Route 96B (a/k/a Danby Road) with the center line of Vista Lane, proceeding Thence North 83' 11' 07" West along the northerly line of premises reputedly now or formerly of L Martin Bowman (Leber 784 of Deeds at Page 149) a distance of 590 32 feet to an existing iron pipe, proceeding Thence North 84' 59' 11" West along the northerly line of premises reputedly now or formerly of Margaret M Rumsey (Leber 619 of Deeds at Page 147) a distance of 249 72 feet to an existing iron pipe, proceeding Page 10 of 11 Ithacare Center Service Company, Inc Stormwater Maintenance Agreement, 2012 Thence North 05' 51' 08" East along the easterly line of premises reputedly now or formerly of Robert E Cofer III (Leber 611 of Deeds at Page 160) a distance of 427 09 feet to an existing iron pipe, proceeding Thence South 83' 26' 05" East along a southerly line of premises now or formerly of Ithacare Center Service Co (Leber 794 of Deeds at Page 235) a distance of 507 20 feet to an existing iron pipe, Thence South 11 ° 37' 53" West along the westerly line of premises reputedly now or formerly of Kelly (Leber 693 of Deeds at Page 255) a distance of 140 0 feet to a set iron pin, proceeding Thence South 83' 26' 05" East along the south line of said Kelly premises (Leber 693 of Deeds at Page 255) a distance of 153 92 feet to a set iron pin, proceeding Thence South 09' 44' 49" West along the westerly line of premises reputedly now or formerly of Kelly (Instrument #509295-001) a distance of 207 82 feet to a set iron pin, proceeding Thence South 83' 11' 07" East along the southerly line of said Kelly premises (Instrument #509295-001) a distance of 212 22 feet to an iron pin set in the westerly highway line of NYS Route 96B (a/k/a Danby Road), proceeding Thence South 09' 44' 49" West along the westerly highway line of NYS Route 96B (a/k/a Danby Road) a distance of 75 10 feet to the iron pin set at the point or place of beginning, containing 6 101 acres of land Reference is hereby made to a survey map incorporated herein by reference entitled "Survey Map Showing Lands of Ithacare Center Service Company, Inc, Located on Danby Road, Town of Ithaca, Tompkins County, New York" dated April 4, 2012, by T G Miller P C , Engineers and Surveyors Page 11 of 11 t] v r1r V,\ r / ' } D m0 16 OK ZZ az o A 7�o m ra zzmrn �z z> +� om< q gz rF- w m Z 2 p fa3(pJ•7 Z m E` T CD C7 z a t,NEM 1 1 ■ONVIVA Or YAM ��'gt► Ila 1 oze-`-- m z m � w m m O G V , D 1) o �rc ➢ , m --� /v c m m m 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