HomeMy WebLinkAboutBF153017-001MW
See M is /e�ordS
l.IM 26 PAGE 643
AGREEMENT v! -44
4
�i HOUSECRAFT BUILDERS, INC. by JEROLD M.
I
V
tii
WEISBURD (herein "Weisburd") and JEROLD M. v
� v
WEISBURD, individually, residing at 167-1 Calkins
II Road, Ithaca, New York, and the TOWN OF ITHACA b
M� (herein "Town"), Tompkins County, New York, dated t \1�
September 6, 1983,
i WITNESS ETH:
j WHEREAS: ,
A. The Planning Board of the Town of Ithaca
l; has approved the subdivision for the Commonland
Community Development Plan, 124 units with �l
Community amenities on Tax Parcel No. 6-58-1-33.2,
as shown on the maps and in approval resolutions
that constitute the Planning Board public record �(
of approval of February 1, 1983, and
B. It is a condition of approval of the
subdivision by the Planning Board that Penny Lane
and Abbey Road, among others, be constructed by
Weisburd as public streets and be accepted by the
Town as public streets. Furthermore, Weisburd has 6q
applied for and received building permits to
construct cluster houses on several lots in the d �!
M � �
subdivision, and v
C. Construction of the streets and Community -- .b
improvements have not been completed and, K i
accordingly, the certificates of compliance or o v
V
occupancy cannot be issued unless such streets
have been adequately constructed and accepted by '.
the Town or adequate security to assure completion
of of the streets has been delivered) "ReftA. n
. -
See M;st, Awls, see rise. Rrrvyws, puQ" 30/*7 a33.
L3 �Odg 31 e 7co. L;beR 3►1•jc
5let M;Sr. XproYis See M;sc. 2ec�rds
� -738". P ►aer 31 , P'.' ,
-See ;s,!,ertoyA, See M;5,r. �'t eCor�s, 3r � %hise, /QPPo r�si
I.�bt, "CPR 31115-S
�¢n JP11 bZQ- &WYY� darn s eQ
eeA"
,ui\ �, �K ,;Cq • 7 8 vn �k,o2.9 75.3f"td
M K. aq g-aa-g6 s�
J e NI jaK ' 3 e. Records o-
�o
2
um 26 PAGE 644
NOW, THEREFORE, in order to induce the said
Town to issue certificates of compliance or
occupancy and further building permits for the
construction of dwellings on the above lots and in
consideration of the premises and the mutual
agreements hereinafter set forth, IT IS AGREED AS
FOLLOWS:
1. The Town will issue certificates of
compliance or occupancy and building permits for
construction on application by Weisburd provided
that such certificates and permits may lawfully be
issued in compliance with all applicable
ordinances, laws,* rules and regulations, and
provided that Weisburd has furnished a bond,
letter of credit, cash escrow, or other security
approved by the Town and Weisburd has executed all
documents necessary to convey title to the streets
to the Town and any necessary easements to perform
Community improvements, as defined on page 9
herein, and has furnished all other title, maps,
and other documents required by the Town and has
paid for all title searches, filing and recording
fees and other fees and expenses incurred in this
matter. Weisburd agrees to pay all such expenses
upon demand by the Town.
2. Notwithstanding the foregoing, Weisburd
agrees to complete the streets and Community
improvements hereinabove mentioned prior to
September 1, 1984. Said streets must be completed
in accordance with the specifications established
by the Town of Ithaca for completion of Town
highways. Said Community improvements shall be
completed in accordance with approved cluster
I!
I
3 VIER 26 PACE 645
plans. The final determination as to whether or
not such streets and Community improvements have
been completed in accordance with the
specifications and approvals of the Town shall be
made by the Town Highway Superintendent and the
Town Engineer.
3. If Weisburd fails to complete the said
streets as required by this agreement, or
otherwise defaults in the performance of this
agreement, the Town may proceed to complete said
streets and Community improvements and Weisburd
agrees to pay to the Town on* demand (i) the cost
of completing said streets and Ccmmunity
improvements or (ii) any other expense or
liability incurred by the Town hereunder,
including all necessary expenses, obligations and
liabilities incurred by the Town hereunder,
including reasonable attorneys' fees. As partial
security for the performance of such work,
Weisburd, at his expense, shall provide and
maintain a contract bond, letter of credit, cash
escrow, or other security approved by the Town, in
such amount as the Town may require (which has
been established at $30,000) to assure performance
by Weisburd under this agreement and as provided
for in item 15 of the February 1, 1983 Town
Planning Board Approval. A copy of this agreement
shall be attached to the bond, letter of credit,
or cash escrow commitment, and shall be delivered
by Weisburd to the local agent of the surety or
the bank issuing the security.
li
4
um 26 PACE 646
A.
A Schedule of improvements with
estimated expenses is attached to this
agreement.
B.
If Weisburd believes that improvements
on the Schedule have been constructed in
accordance with the requirements of this
agreement, Weisburd may apply for a
reduction of the security funds. If the
Town approves or accepts the
improvements, the security funds shall
be reduced by an amount which the Town
determines will leave a balance of
secured funds in an amount which the
Town reasonably determines will be
sufficient to provide, reasonably, for
the construction of the improvements
which remain to be completed. The
amounts set forth in the Schedule are
estimates or guides only.
C.
If the Town accepts the construction of
any improvement listed in the Schedule,
it will promptly notify the developer of
the amount by which security funds are
reduced.
D.
If the Town determines that the
improvements have not been constructed
in full or in part in accordance with
requirements, the Town must give a
concise, sufficient report explaining
its determination.
E.
If Weisburd disagrees with the amount of
reduction of the security funds
(sub -paragraph C, above) or the Town's
u
r'
i
1
1
5 DOER 26 rAcF 647
refusal to accept the improvements in
f ull or in part (sub -paragraph D,
above), Weisburd shall notify the Town
in writing setting forth concise and
sufficient statements in support of
Weisburd's position. Within ten (10)
days thereafter, the Town and Weisburd
shall meet to attempt to resolve their
differences. If the parties cannot
resolve their differences, Weisburd may,
within 120 days after such meeting
appeal for a review of the Town's
determination in an Article 78
proceeding.
4. Weisburd agrees to furnish to the Town
an abstract of title certified at least to the
date of escrow of the said street deeds. The
street deeds will be warranty deeds with lien
covenant: Five copies of the survey map will be
furnished to the Town.
5. Upon execution of this agreement and
upon the acceptance of the security by the Town,
the Town Building Inspector is authorized to issue
certificates of compliance or occupancy and
building permits for the lots hereinabove
enumerated, it being also provided that an
executed copy of this agreement will be recorded
in the Tompkins County Clerk's Office.
6. To the extent that the Town of Ithaca is
required to expend any funds for the completion of
said streets or for any other purpose arising out
of this agreement for which it has not been
compensated, under the performance bond or letter
6
um 26 PAGE G48
of credit, or by Weisburd, or in any other manner,
the Town may, at its option, pursue any one or all
of the following remedies to enforce the
collection of any such amount:
(a) The Town may bring an action at law
to collect such amount as on a contract]
(b) Any such unpaid amount shall be
added to any Town tax due and payable by Weisburd
on any of the property now or hereafter owned by
Weisburd in the Town of Ithaca. Said amount shall
be added to the tax due on the first day of
January next following demand for payment by the
Town.
(c) The Town, at its option, may refuse
to issue further building permits or conditional
or final certificates of occupancy until such time
as such amounts have been paid.
7. Until the streets are completed in
accordance with Town specifications, the Town
assumes no liability of any kind resulting from
the issuance of a permit for construction on a lot
fronting on the aforesaid streets or arising from
the use of any such streets by any person and any
such person using any such streets does so at his
own risk insofar as the Town is concerned.
Weisburd will indemnify and hold harmless the Town
of. Ithaca, its officers, Board members,
contractors, employees, and any member of any Town
Board or agency involved, from any and all suits,
actions, claims, expenses (including reasonable
attorneys' fees), damages or liabilities they may
incur because of any injury to persons and
property occurring during any period up to the
1
1
1
1
' IMIR 26 na 649
final dedication to and acceptance by the Town of
any streets or other improvements as provided in
this Agreement. Weisburd will furnish a good and
sufficient public liability insurance policy
insuring the Town against any such liability,
damages, and so forth, as specified above in such
amounts and with such coverage and companies as
the Town, upon recommendation of the Town's
insurance advisor, shall reasonably require.
8. HouseCraft Builders, Inc. and Jerold
Weisburd individually, agree to save and hold
harmless the Town of Ithaca, its officials and
employees, from any and all claims, expenses,
costs,, or liability of any kind which may arise
for any cause, whether injury to persons, property j
or otherwise by virtue of the issuance of
certificates of compliance and building permits
prior to the completion and construction of the
roads by the Town. HouseCraft Builders, Inc. and
Jerold Weisburd agree that all proper measures
will be taken to provide safe access over said
streets for pedestrians and vehicles until such
time as the work is completed to the satisfaction
of the Town and the deed is recorded.
9. In order to insure that all steps have
been taken by Weisburd to complete the dedication
of the streets to the Town, Weisburd has executed
and delivered concurrently herewith, a deed
conveying Abbey Road and a portion of Penny Lane
to the Town for purposes of a public highway.
This deed is received by the Town in escrow and
will be held by the Town in escrow until the Town
Board accepts the streets when they have been
8
LzER 26 !ACE 650
completed according to Town specifications. Until
such time, said roads will not be public streets.
10. As an accommodation to provide the best
street for the public, the Town will provide
winter maintenance.
A. It is understood that if the Town
elects to exercise its right to complete the
construction of the streets, the Town shall record
the deeds and the streets shall then be deemed to
be public streets thereafter.
11. The resolution of August 30, 1983 of the
Town Board will authorize approval of this
agreement. This agreement is subject to such
approval. This agreement shall not be effective
until Weisburd has delivered the Security
Documents to the Town and they have received Town
approval. It is understood, however, that the
security funds -- $30,000 -- will be obtained from
the sale of the first unit of the Commonland
Community. The firm of Thaler and Thaler has
represented to the Town in order to induce the
Town to enter into this agreement that it will
hold $30,000 of the proceeds of such sale and
deposit them promptly with the First Bank of
Ithaca immediately following such first closing.
12. Determinations under this agreement
shall be made by the Town Supervisor unless the
Town Board determines otherwise or designates
another Town agency or person to perform this
task. The Town Supervisor shall report to and
keep informed the Town Board and the Town
Attorney. The foregoing procedure may be changed
by direction of the Town Supervisor.
I
1
0
1
9
OUR � PACE 651
This agreement shall bind the parties hereto,
their respective successors, distributees,
representatives, and assigns.
IN WITNESS WHEREOF, this agreement has been
executed by the said Weisburd, by the said
HouseCraft Builders, Inc., and by the said Town of
Ithaca.
HOUSECRAFT BUILDERS, INC.
SEAL
By: �/ �J L.S.
(�,"'► L.S.
JEROL6 M. WEISBURD, Individually
S E A L
TOWN OF ITHACA
By: Z?a��y ' L.S.
Community Improvements
a)
Check dams
$ 500
b)
Seeding.
2,000
c)
Paving entrance (Slaterville Road)
2,500
d)
As -built -survey maps
300
e)
Concrete paver walks
200
f)
Boardwalk across waterway (footbridge)
500
g)
Trash bin screen
500
h)
Light post and wiring
500
i)
White pines and new shade trees
10,000
j)
Completion of sewage lift station
5,000
k)
Check dam, headwall and endwalls
1,000
I i
I
11
I.OER 26 PAGE sS3
ADDENDUM TO AGREEMENT BETWEEN HOUSECRAFT BUILDERS,
INC., JEROLD M. WEISBURD, INDIVIDUALLY, AND THE
TOWN OF ITHACA.
RE: AGREEMENT for Completion of Streets in
Commonland Development.
DATED: September 2, 1983.
I. The following provisions are added to
paragraph 3 of the Agreement:
A. If Weisburd fails to make the payments
required by the above provisions or
fails to do the required work, then the
bank, issuer, fundholder, depository, or
surety, as the case may be ("security
issuer" or "escrow fundholder"), is
authorized to pay to the Town of Ithaca,
without any further authorization, from
HouseCraft Builders or Jerold Weisburd,
such sums as the Town may,, from time to
time, require (not in excess of the
secured amount, $30,000) for the
reasonable expenses and costs the Town
may incur under this Agreement provided
that the Town has given written notice
to Jerold Weisburd, individually and in
behalf of HouseCraft Builders, of its
intention to withdraw such funds, the
anticipated date of withdrawal, and a
statement of the amount the Town will
require with a supporting itemized list
of such costs and expenses. Such notice
shall be given either by personal
delivery or mail at least ten (10)
calendar days prior to personal delivery
�I
WER 26 PAGE 654 12
or date of deposit of the notice in a
United States mailbox.
Be In any event, if Weisburd has not
performed this Agreement by September 1,
1984, the funds required by the Town
will be paid by the security issuer or
escrow fundholder to the Town upon
demand by the Town.
C. The Town must account to Weisburd for
all funds received and will return to
Weisburd such funds, if any, in excess
of the amount required by the Town for
the purposes of this Agreement. If any
additional sums are required, under the
terms of this Agreement, Weisburd will
pay such sums upon presentation of a
statement from the Town in such
reasonable time thereafter as they may
need to review the statement, not in
excess of ten (10) days. Weisburd will
promptly give to the Town a written
statement of any objections to the
Town's statement.
II.' The following provisions are added to
paragraph 4 of the Agreement:
A. Title will be conveyed by warranty deed
with lien covenant. Seller will furnish
abstract of title conveying good and
marketable title free and clear of all
liens and encumbrances except those
which the Town will accept and a title
policy insuring the fee title with such
exceptions only as are acceptable to the
i
II
1
13
LIdtR 26 PAGE 655
Town. Weisburd will furnish such other
documents as may be reasonably required
to accomplish the foregoing. The survey
maps of the proposed roads must be
satisfactory to the Town Engineer and
must be in form required for filing in
the County Clerk's Office. Conveyance
will be subject to identified easements
of record for public utility lines
provided they do not affect the
construction, repair or maintenance of
any street or adversely affect its use
by the public in the opinion of the Town
Engineer. Releases or agreements of any
such encumbrances, if required, must be
obtained to the satisfaction of the Town
Attorney. Survey maps must show any
easements or other encumbrance affecting
the street. Such survey must be
certified to the Town of Ithaca, its
successors or assigns.
III. The following provisions are added to
paragraph 6 of the Agreements
A. However, so long as Weisburd is not in
default to any extent under this
Agreement, the Town agrees, upon request
by Weisburd, to execute an instrument
releasing from any lien imposed by this
Agreement any unit of the development
which is being sold or for which a
certificate of occupancy or building
permit has been requested.
14
uBER 26 wE 656
B.. The form for such release shall be
prepared by Weisburd but shall be
approved by the Town Attorney.
IV. A. The phrases "street" or "streets" shall
also be deemed to include, at the option
of the Town, all other improvements
related to the construction of any
streets.
B. The escrow agreement shall also apply,
at the option of the Town, to any other
improvements required by the Town as a
condition to the issuance of a
certificate of occupancy including the
items set forth in the annexed schedule
of Community Improvements.
V.. A copy of this Agreement or the substance
thereof, as prepared by the Town, shall be
delivered by the developer to the owner of
each unit or to the occupant (if other than a
unit owner) of any unit.
"HouseCraft Builders," "Housecraft,"
"Weisburd," shall be deemed to mean HouseCraft
Builders, Inc. The liability of Housecraft and
Jerold Weisburd is joint and several.
This ADDENDUM is agreed to by the parties
HOUSECRAFT BUILDERS, INC..
W
By:i�"
' 6— •0 -
Jelcr,4 M. Weisb rd, Indiv ftilly ,-.•',� ". '
TOWN OF ITHACA ��
.
S E A L By: �ic.t���J� �c ` v- `
The foregoing is subject to approval hYL they
Town Board of the Town of Ithaca.
1
1
1
15 i.w 26 FAGE 657
STATE OF NEW YORK )SS.
COUNTY OF TOMPKINS)
On this ., day of September, 1983, before
me personally came JEROLD M. WEISBURD, to me
personally known, who, being by me duly sworn, did
depose and say that he resides at 167-1 Calkins
Road, Ithaca, N.Y., that he is the President of
HouseCraft Builders, Inc., the corporation
described in, and which executed, the within
Instrument; that he knows the seal of said
corporation; that the seal affixed to said
Instrument is such corporate seal; that it was so
affixed by order of the Board of Directors of said
corporation; and that he signed his name thereto
by like order.
N&tary PuVi'ed
aK• "
►b. 3rn2,
is Tompkins ,kL n
Commission Expir. t.' :0,190
STATE OF NEW YORK )
COUNTY OF TOMPKINS)SS.
On this t%.,, day of September, 1983, before
me, the subscriber, personally appeared JEROLD M.
WEISBURD, to me personally known and known to me
to be the same person described in and who
executed the within Instrument, and he duly
acknowledged to me that a executed the same.
�V'a.�41m)4PAA=z: -
Nbtany FlubA44public, Sere of New Yom
W 472124%
Vwd is Tompkins ,.,,;nty
Commission Expire i+1. ' 20,19 If
STATE OF NEW YORK )
COUNTY OF TOMPKINS)SS.
On this r� I day of September, 1983, before
me, the subis r-ib r, personally appeared NOEL
DESCH, as Supervisor of the Town of Ithaca, to me
personally known and known to me to be the same
person described in and who executed the within
Instrument, and he duly acknowledged to me that he
executed the same as su h Supervisor.
6Ntary unlic
'ER I. WALSH
Notary public, Sua of ► m Vwk
No, M24s
Quelif ed in Tompkins u0.+111. Q -4
Commission ExpireS M-'t A l9
an���yy.• ••. ..••.••. .(*....... W . . .•••• s7.T•.t"•7�i.iffrl