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THIS AGREEMENT is entered into on the day of
1961, BETINTEN CORNE'LL UNIVERSITY, an Educational
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Corporation, hereinafter referred to as "Cornell", and the COUNTY
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OF TOMPKINS, hereinafter referred to as the "County", herein also
referred to collectively as FIRST PARTIES, and the TOWN OF ITHACA,�
a municipal corporation in the County of Tompkins, herein referred
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to as the "Town" and SECOND PARTY (acting in behalf of the
i�Inortheast
Sewer District), and OTTO B. SCHOENFELD, of P.O. Box 1,
Ithaca, New York, hereinafter referred to as "Schoenfeld".
Reference is made to the following agreements and
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} documents: (1) Agreement dated August 24, 1959, between the
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Village of Cayuga Heights and Cornell University, superseded and
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Ireplaced by (2) Sewer Agreement dated October 18, 1965, between
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Village of Cayuga Heights and Cornell. University; (3) Sewer
'Easement from Otto B. Schoenfeld to Cornell University dated
September 9, 1959, recorded in Liber 421 of Deeds at page 524,
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in the Tompkins County Clerk's office; (4) Letter from Otto B.
Schoenfeld to Cornell University, dated March 23, 1959; (4a)
Supplement to reference (4) from John E. Burton, Vice -President
of Cornell University, to Otto B. Schoenfeld; (5) Agreement
between Tompkins County and Cornell University, dated March 31,
1960; (6) Agreemept between Cornell University, Village of
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Cayuga Heights, and Otto B. Schoenfeld, dated June 21, 1965;
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(7) Agreement dated the lst day of January, 1965 between the
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Village of Cayuga Heights and the Town of Ithaca acting in
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behalf of the Northeast Sewer District, (8)oPage 1 of letter
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from Lozier Engineers, Inc, to William Kerr, Town Supervisor,
,July 6, 1967.
ARTICLE I
1. The subject of this agreement is an 8-inch trunk
sewer line which runs easterly and northeasterly from Triphammer
Road across lands developed by Schoenfeld known as Williamsburg
Park and the additions thereto, in a general easterly and north-
;easterly direction to the south line of the Town of Lansing at
which point it continues easterly and northerly to serve the
County Airport, owned by the County, and lands of Cornell
University, now or formerly referred to as the Research Park, and
which sewer line is partly located in the Village of Cayuga Height!
and partly in the Northeast Sewer District in the Town of Ithaca,
and partly in' the Town of Lansing. For a description of this
sewer line and its location, see the above -referred to easement
recorded in Liber 421 of Deeds at page 524 (reference (3)).
2. The intention of this instrument is to provide for
the acquisition by the Town of Ithaca of the ownership of that
portion of the sewer line which lies within the Town of Ithaca
and the Northeast Sewer District, subject to the right of the
County and Cornell to use said sewer line under the terms and
conditions herein stated. Cornell, the County and Schoenfeld
agree between themselves that all rights, duties, privileges and
obligations of Schoenfeld established by the above references (4)
and (4a) are terminated by this agreement,
3. The Town Board,of the Town of Ithaca, by resolution
_adopted on July 10, 1967, has approved the purchase of said
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sewer line for the sum of $26,603.00. The Board of Supervisors
of the County has approved the sale of the County's interests
in said sewer line to the Town of Ithaca by resolution adopted
+July 10, 1967.
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4. Cornell, the County and Schoenfeld make this
lagreement in consideration of the payment of the said sum of
�$26,603.00, plus 3.5% interest from 1 August 1967, the mutual
covenants herein contained, and other good and sufficient
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(consideration of which $3,213.05 plus 3.5`10 interest from
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I1 August 1967 is to be delivered to Schoenfeld.
ARTICLE II
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1. THE FIRST PARTIES hereby grant and convey to the
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!Town of Ithaca all their right, title and interest in and to that
liportion of the said 8-inch sewer line lying within the Town of
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IlIthaca, and in and to that portion of the aforesaid sewer easement
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!j(reference (3)) lying within the said Town subject to the reser-
vations set forth herein.
2. Cornell and the County shall have the right to
,continue to use the said sewer line'for the purpose of discharging
(waste materials from the Research Park and the County Airport,
as defined in reference (2),.respectively, with a flow rate
measuring up to .88 cubic feet per second (without surcharge of
the sewer line).
3. No fee will be charged to Cornell and the County
for such use. However, if the sewer line, and appurtenant
facilities which lie in the Town of Lansing is acquired or used
�by a sewer district or other public authority or agency for users
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;!other than Cornell or the County, then such district, authority
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llor agency shall be permitted to use such facilities within the
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!Northeast Sewer District for non -Cornell or non -County users
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!only with the consent and by agreement with the Town of Ithaca
I 'and the Town reserves the right to charge a reasonable "trans-
portation" fee for the use of such facilities.
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4. Similarly, if any person or corporation other than
lithe parties hereto or other than any sewer district, agency or
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11authority, desires to use such facilities, they may do so only
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!with the consent of and by agreement with the Town of Ithaca and
jyupon the payment of such reasonable transportation fee or other
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(;charges as the Town may require.
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II ARTICLE III
11 1. 'The parties will share in the actual cost of the
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dmaintenance, repair and reconstruction of the said sewer line
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`!conveyed hereby in proportion to the benefit received by the
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Ijrespective parties which, in this case, shall be based on the
�lannual water consumption of the parties for four full quarters
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as measured by water meters, but the .Foregoing provision shall
(�be subject to any other provisions in this Article.
Il 2. It is understood the Town will not in any way be
responsible for the cost of operation, maintenance, repair and
,reconstruction of.the sewer line in the Town of Lansing.
3. If any party hereto does by its acts or fault
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damage the sewer line and appurtenant facilities within .the Town,
thus requiring more than ordinary maintenance, repair or
(reconstruction (e.g. by causing or permitting the discharge
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into said facilities of any harmful or other prohibited waste
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!materials or by increasing the flow contribution into said
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facilities beyond the present maximum capacity of such facilities),
.! I the cost thereof shall be borne by any such party or parties.
j I ARTICLE IV
If additional or relief sewer lines are required, then
jthe following provisions will control:
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A. If properties authorized by the Town of Ithaca to
Muse said sewer line increase the flow contribution to the present
I'jjsewer line so that it cannot accomodate .88 cubic feet per
I�second therethrough from the Town of Lansing portion, the
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,,present maximum capacity of the Lansing sewer line, then the
Town of Ithaca will be required at its own cost and expense to
j!construct such additional or relief sewer.
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�j P. If the Cornell or the County users increase the
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;(flow contribution to the sewer 'Line within the Town of Ithaca
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jland Village of Cayuga Heights, in excess of .88 cubic feet per
+I second, the present capacity of the Town of Lansing sewer line
+portion, without surcharge on the sewer line within the Town of
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;Lansing, then such additional or relief sewers shall be constructe
lin the Town of Ithaca and Village by and at the sole expense of
the Cornell or the County users in proportion to the flow
,contribution of such users or in accordance with any other
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lagreement between the County and Cornell as the case may be.
C. Page 1 of reference (8), above, (letter from Lozier
Ito the Town, July n, 1967), contains information as tothe
limiting capacity of the sewer line.
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D. If it is not practicable to construct such
additional or relief -,sewers within the limits of the present
easement from the Town line to Triphammer Road, such sewers shall
be constructed within the streets of the Town of Ithaca and the
Village, or at such other place as may be directed by said Town
or Village, subject to the requirements of these municipalities.
However, such additional sewer lines shall not be constructed
outside of said easement without the consent of the Town.
ARTICLE V
The execution of this agreement by Schoenfeld is
intended to indicate his specific consent to Article I, paragraph
2 and paragraph 4. However; he is not to be considered party to
this agreement for purposes of continued obligations under this
agreement.
ARTICLE VI
It is understood that the University and the County
will, respectively, continue to be liable to the Village as
�. p'&ovided for in paragraphs 2 of reference 2 and 6 of reference 5,
respectively, for any repairs to the sewer line and appurtenant
facilities within the Village which may be caused by the separate
01� act or fault of either the County or the University.
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IN WITNESS WHEREOF the parties hereunto have set their
hand and seal the day and year first above written.
CORNELL UNIVERSITY
By
Title Vice President -Business
COUNTY OF TOMPKINS
By C164e
UP
Title
STATE OF NEW YORK )
)ss.:
COUNTY OF TOMPKINS)
On this a Zw-d day of 1969, before me
personally came Joan E. Burton, to me known, who being by
me duly sworn, did depose and say that he resi-ded in Ithaca, �
New York; that he is the Vice President -Business of CORNELL
UNIVERSITY, the corporation described in and which executed the
above instrument; and that he signed his name thereto as duly
authorized by said corporation.
No ry blic
ALPkl R. BAR1`:ARD
Notary Fni)lic;, Sa,a of _w Yf,I
STATE OF NEW YORK Qualified inTompkins uuunk>
Term Expires March 30,19
)ss..
COUNTY OF TOMPKINS)
On this da o ��'J. 1969, before me
personally came to me known, who being
by me duly sworn, d' depose and say that he res'ded in 4171tL
that he is the
o th COUNTY OF TOMPKINS, a municipal corporation desc/ibed in
a d which executed the above instrument; and that he signed his
name thereto' as duly authorized by said municipal corporation.
O. 11^c ut 1i-%V Yor$
(�ualiie S,`:-23c3y50 ,
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Term i a n-c s T4l rcit s30, 19 / /
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IN WITNESS WHEREOF the parties hereunto have set their
hand and seal the day and;year first above written.
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TOWN OF •ITHACA
By V V UJ14,�
Title 4uz�
OTTO B. SCHOENFELD
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STATE OF NEW YORK
)ss.:
COUNTY OF TOMPKINS)
On this_ % / day o -t G '��/�� 190, before me
�personally came azx&_, � - 6' me known, who bein
by e, / my sworn, did d ose and say that he r sided.,--,
! �that he is the
o� the TOWN OF ITHACA, a municipal corporation escribed in
and which executed the above instrument; and that he signed his
name thereto as duly authorized by said municipal corporation.
Notary Public
WILMA B. C-jAPi� AN
Notary Public, 5 of ??ew York
No. SS-367 �735
Qualified iri Tompkins Coun
STATE OF NEW YORK ) Term Expires March 30, 196. —'
)ss.:
COUNTY OF TOMPKINS)
On this o���- day of �'�'' 1969, before
me, the subscriber, personally came OTTO B. SCHOENFELD, to me
known to be the same person described in and who executed the
foregoing instrument and he acknowledged to me that he
executed the same.
Notary Public
FLORENCE W. SANFORD,
Notary Public, State of New York
No. 55-8?5s-no
Qualified In Tomp'rin� C.,04t`,
Term Expires Marc,, 31), 1 j! A- .
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