HomeMy WebLinkAboutTB Packet 2021-04-12 MEETING OF THE ITHACA TOWN BOARD
Monday, April 12, 2021 at 5:30 p.m.
Due to the Governor's Executive Orders the meeting will be held via ZOOM.com
ID# 989 1095 8241 Call In (929) 436-2866 or link hgps://zoom.us/j/98910958241
AGENDA
1. Special Bicentennial Reenactment of Historical Town Board Meetings
2. Persons to be heard and Board Comments
3. Consider authorization for the Supervisor to sign an agreement with Planeteria Media for
website design and maintenance
4. Consider authorization for the Supervisor to sign an agreement with the United States
Postal Service for rental of space
5. Consider setting a public hearing regarding a local law amending Chapter 271 of the
Town of Ithaca Code title "Zoning: Special Land Use Districts" to revises uses and other
requirements in the Chamber of Commerce Planned Development Zone
6. Consider setting a public hearing regarding a proposed local law authorizing the Town to
enter int an agreement with Tompkins County regarding participating in the Community
Housing Development Fund Program and associated funding
7. Consider setting a public hearing regarding a noise permit application for Firelight
Camps seasonal events
8. Consider authorization for the Supervisor to sign easements associated with the King Rd
E Water Main Extension Project
9. Consider adoption of a bond resolution for the King Road East Water Main Extension
Water Improvement Area Improvements
10. Consider Consent Agenda
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. NYS Work Hours for Elected Officials - Klein
d. Ratify appointment—Consortium
e. Ratify Public Works promotional appointment of a Heavy Equipment Operator
f. Appointment—Ag Committee
11. Report of Town Officials
12. Review of Correspondence
13. Adjourn
Item 03
MEETING OF THE ITHACA TOWN BOARD
Monday, April 12, 2021
TB Resolution 2021- : Authorization for the Supervisor to sign an agreement with
Planetaria Media for website design, development and initial hosting
Whereas the Town developed and advertised a Request for Proposals for the design,
development and initial hosting of our current website and received over 30 responses, and
Whereas the Management Team interviewed six proposals and reinterviewed three finalists, and
Whereas the Management Team and Town Supervisor discussed the presentations and
determined that Planetaria Media best suited the Town's goals and needs for a new website, and
Whereas the Supervisor and Information Technology Department negotiated a contract based on
the deliverables in the RFP, and
Whereas Management Team hereby recommends the approval of the contract to the Town
Board, now therefore be it
Resolved that the Town Board hereby authorizes the Supervisor to execute the contract with
Planetaria Media for the design, development, and initial hosting of the Town of Ithaca Website,
subject to approval by the Attorney for the Town.
Moved: Seconded:
Vote:
Town of Ithaca and Planeteria Media
Agreement for Services
THIS AGREEMENT is made this 13 day of April 2021 between the TOWN OF
ITHACA with offices at 215 N. Tioga St., Ithaca, NY 14850 (hereinafter referred to as the
"Town") and Planeteria Media whose address is 110 Stony Point Rd, #225, Santa Rosa,
CA 95401 (hereinafter referred to as the "Contractor")-
The Town and Contractor agree as follows:
1. Services to be Performed. Contractor agrees to perform the following services
for the Town and/or to provide the following products to the Town: Website Design,
development, and initial hosting (a new agreement will be signed for hosting and
maintenance for November 1, 2021 —October 31, 2022 for a total of$3120).
2. Fees. The Contractor shall be paid twenty two thousand, five hundred fifty
Dollars and zero Cents. Payments will be made upon completion of services and in
accordance with the design phases outlined in the attached proposal.
3. Term of Agreement. The term of this Agreement shall be from April, 13 2021,
to October 31, 2021, unless earlier terminated by either party. Note that the goal is to
have the new website live by September 15, 2021 with the remaining weeks for tweaks.
Notwithstanding the term set forth above, this Agreement may be terminated by either
party at any time without cause upon seven (7) days prior written notice to the other
party, in which case the Contractor shall be paid pro rata for the satisfactory work
performed to the date of termination. This Agreement may be terminated immediately by
either party upon the breach of any of its terms by the other party. Termination shall be
effected by the breaching party's receipt of a written notice of termination setting forth
the manner in which the party is in default. In the event of the Town's termination for
Contractor's default, the Contractor will be paid only for services performed in
accordance with this Agreement. If it is later determined by the Town that the Contractor
had an excusable reason for not performing, such as a strike, fire, flood, or other events
which are not the fault of or are beyond the control of Contractor, the Town may allow
the Contractor to continue work, or treat the termination as a termination without cause.
4. Quality of Work. The work to be performed hereunder shall be of good
workmanship and quality. If this Agreement is for the performance of services, the
Contractor shall perform its services using that degree of skill and care ordinarily
exercised under similar conditions by experienced, qualified, competent and reputable
professionals practicing in the same field in the same or similar locality at the time of
performance.
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5. Payment for Services/Project Phase billing. Requests for payments for
services shall be submitted by the Contractor once each design phase is completed(there
are seven phases).
The Town Supervisor will review same and, if acceptable,pay for the services and/or
products after submission of the vouchers to the Town Board and approval of same by
the Board in compliance with the Town Board's statutory duties to audit claims for
payment.
6. Relationship. The Contractor is, for all purposes (including, without limitation,
withholding of income tax,payment of workman's compensation, and payment of FICA
taxes) an independent contractor and no employer-employee relationship is intended,
implied or created by this Agreement. Contractor shall determine the times and manner
of performance of any services for the Town hereunder consistent with the overall
obligations to complete the work contemplated by this Agreement. Contractor shall be
free to devote such portions of its time not required for the performance of services to the
Town in such manner as Contractor sees fit and for such other persons, firms, or entities
as Contractor deems advisable,provided that such other services do not constitute a
conflict of interest with the interests of the Town.
7. Ownership of Products of Service. All work products of any services to be
performed hereunder shall be the property of the Town, and the Town is vested with all
rights therein, including the right to use, duplicate, distribute, share or sell such materials,
without any further compensation of any nature to Contractor. If patents or copyrights
may be obtained with respect to such work, the Town shall own same and have all rights
to same without further compensation to the Contractor. The Contractor retains the right
to use the information also.
8. Insurance Requirements.
A. Throughout the term of this Agreement, Contractor shall procure and maintain the
insurance described in this Section 8.
B. Notwithstanding any terms, conditions or provisions in any other writing between the
parties, Contractor hereby agrees to effectuate the naming of the Town as an unrestricted
additional insured on Contractor's insurance policies, with the exception of workers'
compensation and professional liability.
C. The Contractor agrees to indemnify the Town for any applicable deductibles.
D. The Contractor/Subcontractor shall purchase and maintain insurance of the following
types of coverage and limits of liability:
1) Commercial General Liability (CGL)with limits of Insurance of not less than
$1,000,000 each occurrence and$2,000,000 Annual Aggregate.
a) If the CGL coverage contains a General Aggregate Limit, such General Aggregate
shall apply separately to each project.
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b) CGL coverage shall be written on ISO Occurrence form CG 00 01 1093 or a
substitute form providing equivalent coverage and shall cover liability arising
from premises, operations, independent contractors,products-completed
operations, and personal and advertising injury.
c) General Contractor, Owner and all other parties required of the General
Contractor, shall be included as insureds on the CGL, using ISO Additional
Insured Endorsement CG2010 (11/85) or CG2010 (04/13) AND CG2037 (04/13)
or CG2037 (04/13) AND CG2038 (04/13) or an endorsement providing
equivalent coverage to the additional insureds. This insurance for the additional
insureds shall be as broad as the coverage provided for the named insured
Contractor/Subcontractor. It shall apply as Primary and non-contributing
Insurance before any other insurance or self-insurance, including any deductible,
maintained by, or provided to, the additional insured.
d) Contractor/Subcontractor shall maintain CGL coverage for itself and all
additional insureds for the duration of the project and maintain Completed
Operations coverage for itself and each additional insured for at least 3 years after
completion of the Work.
2) Commercial Umbrella
a) Umbrella limits must be at least $4,000,000.
b) Umbrella coverage must include as insureds all entities that are additional
insureds on the CGL.
c) Umbrella coverage for such additional insureds shall apply as primary before any
other insurance or self-insurance, including any deductible, maintained by, or
provided to, the additional insured other than the CGL, Auto Liability and
Employers Liability coverages maintained by the Contractor/Subcontractor.
3) Workers Compensation and Employers Liability - Statutory coverage complying with
New York Workers' Compensation Law Section 57 General Municipal Law Section
125, Contractor must submit one of the following:
• CE-200 - Certificate of Attestation of Exemption from NYS Workers'
Compensation
available at www.web.state.ny.us, OR
• C-105.2 - Certification of NYS Workers' Compensation Insurance, OR
• U-26.3 - State Insurance Fund version), OR
• SI-12 - Certificate of NYS Workers' Compensation Self Insurance, OR
• GSI-105.2 - Certificate of NYS Workers' Compensation Group Self-Insurance
4) Disability Benefits Coverage - Statutory coverage complying with NYS Workers'
Compensation Law Section 220 (8)under General Municipal Law Section 125,
Contractor must submit one of the following:
• CE-200 - Certificate of Attestation of Exemption from NYS Disability Benefits
3
Coverage available at www.web.state.ny.us, OR
• D13120.1 - Certification of Disability Benefits Insurance, OR
• DB155 - Certificate of Disability Self-Insurance
5) Waiver of Subrogation
Contractor/Subcontractor waives all rights against Contractor, Owner and Architect and
their agents, officers, directors and employees for recovery of damages to the extent these
damages are covered by commercial general liability, commercial umbrella liability,
business auto liability or workers compensation and employers liability insurance
maintained per requirements stated above.
Attached to each certificate of insurance shall be a copy of the Additional Insured
Endorsement that is part of the Contractor/Subcontractor's Commercial General Liability
Policy. These certificates and the insurance policies shall contain a provision that coverage
afforded under the policies will not be canceled or allowed to expire until at least 30 days
prior written notice has been given to the Contractor.
6)Professional Liability with limits of Insurance of not less than $1,000,000 each
occurrence and$2,000,000 Annual Aggregate for the professional acts of the Consultant
performed.
F. The insurance producer must indicate whether or not it is an agent for the companies
providing the coverage.
G. Contractor acknowledges that failure to obtain such insurance on behalf of the Town
constitutes a material breach of contract and subjects it to liability for damages,
indemnification and all other legal remedies available to the Town. The Contractor is to
provide the Town with a certificate of insurance, evidencing the above requirements have
been met, prior to the commencement of work or use of facilities. The failure of the Town
to object to the contents of the certificate or the absence of same shall not be deemed a
waiver of any and all rights held by the Town.
H. The Town is a member/owner of the NY Municipal Insurance Reciprocal (NYMIR).
The Contractor further acknowledges that the procurement of such insurance as required
herein is intended to benefit not only the Town but also the NYMIR, as the Town's
insurer.
9. Workers Compensation and Disability Insurance. Upon execution of this
Agreement, the Contractor shall present to the Town proof either that the Contractor
provides the levels of workers' compensation and disability coverage required by the
State of New York or that the Contractor is not required to provide such coverage.
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10. Indemnity. The Contractor agrees to fully defend, indemnify and hold
harmless the Town, its elected officials,public officers, employees, and agents from and
against all claims, actions, suits, demands, damages, liabilities, obligations, losses,
settlements,judgments, costs and expenses (including without limitation reasonable
attorney's fees and costs), whether or not involving a third party claim, which any or all
of them may incur,resulting from bodily injuries (or death) to any person, damage
(including loss of use) to any property, other damages, or contamination of or adverse
effects on the environment, caused by the acts or omissions of Contractor or Contractor's
employees, agents or subcontractors, in connection with this Agreement. To the extent
the Town is negligent; Contractor's duty to indemnify the Town shall not extend to the
proportion of loss attributable to the Town's negligence.
11. Contractor May Not Assign. This Agreement may not be assigned by the
Contractor without the previous written consent to such assignment from the Town,
which consent may be withheld entirely at the discretion of the Town, it being understood
that the Town is making this Agreement personally with the Contractor and is not
intending that it be performed by any other person or entity.
12. Binding Nature of Agreement. This Agreement is binding upon the parties,
their respective representatives and successors and, when assignment is permitted,
assigns.
13. Governing Law, Jurisdiction, and Enforcement. This Agreement is made in
New York, and shall be construed under the laws of the State of New York without
regard to, or the application of,New York State's choice of law provisions. Both parties
consent that if any action is brought to enforce this Agreement, it shall be brought in an
appropriate Court in Tompkins County,New York, and both parties consent to the
jurisdiction of such court.
14. Notices. Any notices or other communications given under or in relation to
this Agreement shall be deemed duly given if served personally or by commercial courier
service upon the other party at the address set forth above, or, if the mails are operating,
mailed by certified mail to the other party at the address set forth above,return receipt
requested. All notices shall be effective upon the date of receipt. Either party may
change the address to which notices are sent by giving notice of such change in the
manner set forth above to the other party.
15. Entire Agreement. This Agreement constitutes the entire agreement between
the parties and supersedes any and all prior written or oral agreements, negotiations or
understandings, existing between the parties. This Agreement may be amended only by
written instrument signed by each party.
16. Survival. The rights and obligations of the respective parties under Section
10 (Indemnity), Section 12 (Binding Nature of Agreement), Section 13 (Governing Law,
Jurisdiction, and Enforcement), and Section 17 (Claims and Disputes Arbitration) shall
5
survive the expiration or termination(for any reason) of this Agreement and remain in
full force and effect.
17. Claims and Disputes Arbitration. The Town may elect to subject disputes
arising out of this Agreement to resolution by mediation or arbitration or litigation. This
election can be made at any time up until sixty (60) days after the claim or dispute arises
in writing. If the Town does not make an election, the dispute shall be subject only to
litigation. Unless otherwise agreed by the parties at the time of such election, the rules
governing mediation or arbitration invoked by the Town shall be the Commercial
Arbitration Rules and Mediation Procedures of the American Arbitration Association.
Contractor hereby waives the right to elect the method of dispute resolution and agrees
that this waiver is supported by sufficient and appropriate consideration.
18. Severability. If any provision of this Agreement is deemed to be invalid or
inoperative for any reason, that part may be modified by the parties to the extent
necessary to make it valid and operative, or if it cannot be so modified, then it shall be
deemed severed, and the remainder of this Agreement shall continue in full force and
effect as if this Agreement had been signed with the invalid portion so modified or
eliminated.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year written below.
TOWN OF ITHACA CONTRACTOR
By: By:
Rod Howe,
Town Supervisor
Date: Date:
6
r"
Rroposal��l
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Pl VretelriMedia Date: April 16,2021
Customer 11117: ITHACA
.,
II'o: Town of Ithaca
215 North Tioga Street,Ithaca,NY 14850
P:607.273.1721,ext.125 E:R Howe(q)town.ithaca.ny.us
Discovery 10 $ 110.00 $ 1,100.00
Questionnaire&Documents 2 110 220.00
Kickoff 3 110 330.00
Moodboard 5 110 550.00
Information Architecture 30 $ 110.00 3,300.00
Sitemap&Page Types 10 110 1,100.00
Wireframes(All Page Types) 20 110 2,200.00
!usual Design 50 $ 110.00 5,500.00
Website Style Guide:Colors&Typography 10 110 1,100.00
All Page Design Mockups 40 110 4,400.00
Content Strategy&Migration 40 $ 110.00 4,400.00
Mapping Content&Content Sanctuary 10 110 1,100.00
Content Editing&Compiling 10 110 1,100.00
Content Migration 20 110 2,200.00
Development 55 $ 110.00 6,050.00
Server,CMS Setup&Template Development 40 110 4,400.00
Quality Assurance 5 110 550.00
Beta Site&Initial Training 10 110 1,100.00
Quality Assurance& Launch 10 $ 110.00 1,100.00
User Feedback&Feedback Implementation 5 110 550.00
Content Edits&Launch 5 110 550.00
Post Launch Monitoring&Training 10 $ 110.00 1,100.00
Post Launch"Hyper-Care"Monitoring 5 110 550.00
Hands on Training&Video Training Library 5 110 550.00
Design& Devellolpment'i'otall $ 22,550.00
Addiltionall Services $110/Hour
The price quoted encompasses all scope of work as a fixed price and will not exceed the quoted amount. Terms of payment can be agreed upon
selecting Planeteria as your vendor for this project.Payment terms will be communicated clearly prior to award of contract.We have several options
in terms of different payment models:(1) Bench Mark Payments:When certain stages of the project are completed,agreed upon payments will be
invoiced.(2)Monthly Invoicing:Invoices are sent each month based on work completed that month.(3) Half Down/Half Upon Completion(4)No-
Interest Payment Plans
Payment schedules can be arranged.
Thank you for your business!
110 Stony Point Rd #225,Santa Rosa,CA 95401, Phone/Fax 707-843-3773 sales@planeteriamedia.com
Item 04
MEETING OF THE ITHACA TOWN BOARD
April 12, 2021
TB Resolution 2021 - : Authorization for Supervisor to sign a Lease Agreement with the
United States Postal Service on behalf of the Town of Ithaca
Whereas, the Lease between the Town of Ithaca and the USPS dated September 28, 1998 expired
on June 29, 2019; and
Whereas an extension of terms was agreed upon and signed in June 2019 and will expire in June
2021, and
Whereas the Town, its Counsel and the USPS have negotiated, reviewed and agreed upon terms
for a new lease which will be filed with the Town Clerk's Office, now therefore be it
Resolved that the Town Board does hereby authorize the Town Supervisor to sign the Lease
Agreement on behalf of the Town of Ithaca with the United States Postal Service for its
Downtown Station located at 213 Tioga Street, Ithaca,NY.
Moved: Seconded:
Vote: ayes—
FACILITIES-LEASING TEAM EAST
UNITEDSTATES'
fib,-iK30WVZF-—--------------......................................—,............................................................................................................
3/30/2021
Town of Ithaca
Attn: Rod Howe
215 N. Tioga St.
Ithaca, NY 14850-4357
R& Ithaca NY—Dowtown Station
213 N. rioga Street,
Ithaca, NY 14851-9997
Dear Landlord-
We are pleased to present the following proposal to lease for the subject property. We
appreciate your cooperation and look forurard to working with you. Please see the proposed
terms below.
We would like to propose the following rental rate for the new lease:
Lease Term: 06/30/2021-06/30/2026 $86,000.00/year
Renewal Option 1 07/01/2026-06/30/2031 $90,300.00/year
Renewal Option 2 07/01/2031-06/30/2036 $94,800.00/year
Please provide the following docurre- ;tas
. W-9 (attached)
Notwithstanding the validity of the terms and c.onditions set forth herein,Tenant Shall
riot be contractually bound until the proposed lease has received all customary
approvals, and all related lease docurrients have been completed and signed by both
parties,
If you have any questions, please contact me to discuss. Please do not make any
written changes on the lease. If you are agreeable to the terms of tile new lease, pleas
sian both conies and mail both back to me along with the other reguested forms.
Sincerely,
Dee Rogers
Real Estate Specialist
United States Postal Service
Dor t aJ R
336-544-3838
All cnrners ofrecord an,advised to read the lecue thoroug,h@y to ensure that each party is in togal eigreemenI with its lenns and conditiotes
Allhoug it the ferms and contighorth meo,general4y be the vanw,some changes mqi,have been nunk to bring the lease inio comphance with
the currene slandardpostol.forniat Do not assione that this lease is identical to our existing contract sothivu.Owners should"take no
changws to this lease without consultation and approval of Contracting Qfficer,
PO Box 27497
GREENWRO,NC 27498-1103
UNITED STATES
PIOSTAL SERVICE, Instructions
Facilky NamelLocation
ITHACA- DOWN TOWN STATION(354160-003)
213 TIOGA ST,ITHACA NY 14851-9997 County: Tompkins
Lease: QUO000585107
Instructions for Execution and Providing Supporting Documentation for Types of Landlord Entities
Individual, Administrator, or Trustee
a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease. If
the Landlord is married, the spouse of the Landlord must also execute the Lease. The Landlord must submit
adequate evidence of title,
b. Where the Landlord is an administrator or an executor of an estate, there must be furnished a certificate of the
clerk of the court or certified copy of the court order showing the appointment of the administrator or executor,
together,with a certified copy of the will of the deceased. If there is no will, or in the event the will of the
deceased does not specifically authorize the administrator or the executor to enter into a contract to lease the
proposed quarters, it will generally be necessary to furnish, in addition to the above named items, a certified
copy of the court order authorizing such administrator or executor to enter into a lease with the Postal Service.
c. Where the Landlord is a trustee, a certified copy of the instrument creating the trust must be furnished together
with any other evidence necessary to establish the trustee's authority to lease.
Partnership
a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease. If
the Landlord is married, the husband or wife of the Landlord must also execute the Lease. The Landlord must
submit adequate evidence of title.
b. If the Landlord is a general partnership, each member must sign,
c. If the Landlord is a limited partnership, all general partners must sign.
Corporation
a. Where the Landlord is a corporation, leases and lease agreements entered into must have the corporate seal
affixed, or in place thereof, the statement that the corporation has no seal.
b. Where the Landlord is a corporation, municipal corporation, non-profit organization, or fraternal order or society,
the Lease must be accompanied by documentary evidence affirming the authority of the signatory, to execute
the Lease to bind the corporation, municipal corporation, non-profit organization, or fraternal order or society for
which he(or they) purports to act. The usual evidence required to establish such authority is in the form of
extracts from the articles of incorporation, or bylaws, or the minutes of the board of directors duly certified by the
custodian of such records, under the corporate seal. Such resolutions, when required, must contain the
essential stipulations embodied in the Lease. The names and official titles of the officers who are authorized to
sign the Lease must appear in the document.
Limited Liability Company (LLC)
a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease,
The Landlord must submit adequate evidence of title.
b. Where the Landlord is an "Ll-C", the Lease must be accompanied by documentary evidence affirming the
authority of the signatory, to execute the Lease to bind the"Ll-C", for which he(or they) purports to act. The
usual evidence required to establish such authority is in the form of extracts from the formation documents for
the"Ll-C", including, without limitation, the certificate of formation and limited liability company agreement.
Such documentary evidence, must contain the essential stipulations embodied in the Lease. The names and
official titles of the officers or members or agents who are authorized to sign the Lease must appear in the
document,
Augusl 2017 Page I of'2
" UNITED STATES
P05ML SERVICE Instructions
FarAfity Narne/Locatbn
ITHACA-OOWNTOWN STAMN(354160-003)
213 TIOGA ST,ITHACA NY 14851.9997 County: Tompkins
Lease: QUO000585107
Limited Liability Partnership (LLP)
a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease,
The Landlord must submit adequate evidence of title.
b. Where the Landlord is a Limited Liability Partnership, the Lease must be accompanied by documentary
evidence affirming the authority of the signatory, to execute the Lease to bind the Limited Liability Partnership
for which he(or they) purports to act. The usual evidence required to establish such authority is in the form of
extracts from the formation documents for the limited liability partnership, including, without limitation, the
certificate of formation and limited liability partnership agreement Such documentary evidence, must contain the
essential stipulations embodied in the Lease. The names and official titles of the officers or members or agents
who are authorized to sign the Lease must appear in the document.
Trust
a, All co-owners and all other persons having or to have a legal interest in the property must execute the Lease.
The Landlord must submit adequate evidence of title.
b. Where the Landlord is an administrator or an executor of an estate, there must be furnished a certificate of the
clerk of the court or certified copy of the court order showing the appointment of the administrator or executor,
together with a certified copy of the wM of the deceased. If there is no will, or in the event the will of the
deceased does not specifically authorize the administrator or the executor to enter into a contract to lease the
proposed quarters, it will generally be necessary to furnish, in addition to the above named items, a certified
copy of the court order authorizing such administrator or executor to enter into a lease with the Postal Service,
c, Where the Landlord is a trustee, a certified copy of the instrument creating the trust must be furnished together
with any other evidence necessary to establish the trustee's authority to lease.
August 20 17 Page 2 of I
Forms WW9 Request for Taxpayer Give Form to the
(Rev,December 2014) requester.Do not
Identification Number and Certification send to the IRS.
1 Ka (as s6own on your Income tax return),Name Is required on this Onc do not leave this line blank,
2 Business name/disregarded entity name,If different from above
os
3 Check appropriate box for federal tax cktsslncatloni check only one of the foliowing seven boxam 4 Exemptions(codes apply only to
EJ duallsole proprietor or El C Corporation [:]S Corporation E] Partnership certain entities,not indIviduals;see
tndivi
F1 Trust/estate instructions on page tfi:
0) Co ,single member LLC Exempt payee code(it any)
Urnited liability company.Enter the tax classification(C=C corporation,S=S co P rporation, -partnership)0�
'0 Note.For a single-member LLC that Is disregarded,do not check L.LC;check the appropriate box In the fine above far Exemption from FATCA reporfing
the tax classification of the single-cminber owner. code(if any)
Other(see lnstructlons)O* (Apple%to WXW7:%IMWOwd MW*OM U,SJ
ca
6 Address(number,street,and apt.or suite no.) Requester's name and address(opticrnalI
6 City,state,and ZIP code
7 List account number(s)here(optlonal)
on Nurrtber IN
Enter your TIN In the appropriate box,The TIN provided must match the name given on line I to avoid nurnbo,
backup withholding,For Individuals,this Is generally your social security number(SSN),However,for a
resident alien,sole proprietor,or disregarded entity,see the Part I Instructions on page 3.For other
entitles,it is your employer identification number(EIN).If you do not have a number,see How to get as
TIN on page 3. or
Note.It the account ls In more than one name,see the Instructions for line I and the chart on page 4 for Employer Identification number
guldefines on whose number to enter.
Under penalties of perjury,i certify that:
1. The number shown on this form Is my correct taxpayer Identification number(or I am wailing for a number to be Issued to me);and
2, 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all Interest or dividends,or(o)the IRS has notified ate that I am
no longer subject to backup withholding;and
3. 1 am a U,S,citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)Indicating that I am exempt from FATCA reporting Is correct
Certification Instructions.You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions,Item 2 does not apply.For mortgage
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments other than Interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 3.
Sign I signature of
Here U.S.perso Date 0.
General Instructions o Form 1098(home mortgage Interest), 1098-E(student loan Iraerest),1098-T
(tuition)
Section references are to the Internal Revenue Code unless otherwise holes, *Form 1099-C(canceled debt)
Future developments,Informatton about developments affectkig Form W-9(such #Form 1099-A(acquIsition or abandonment of secured property)
as leglatation enacted after we release It)is at wwwdrV,9ov1fW9,
Use Form W-9 only If you are a U,&person(Including a resident alien),to
Purpose of Form provide your correct'rIN,
An indlWduaf or entity(Form W-9 requester)who is requIred to Me an Information If you do not return Form W-9 to the requester with a TIN,you might lie subject
return with the IRS must obtain your correct taxpayer identification number(TIN to backup wiltiholding.See What Is backup withholding?on page 2.
which may be your social security number(SSN),individual taxpayer Identification By signing the filled-out form,you:
number(tTIN),adoption taxpayer ideraflication number(ATIM,or employer I Certify that the TIN you are giving is correct(or you are waiting for a number
Identl0cation number(M),to report on an information return the amount paid to to�o issued),
you,or other amount reportable on an Infonnation return,Examples, of information
retunis holude,but are not Rmited to,the krlfowIng: 2.Certify Owt you are not sublect to backup withholding,or
Form 1099-M(Interest owned or pall) 3.Claim exemption from backup withholding if you are a U.S.exempt payee,if
Fenn 1099-DtV(dividends,Lroluding those from stocks or mutuat funds) appOcable,you are afso certifying that as a U,S.person,your atocablo share of
any partnership Income from a U.S,trade or bustness is not subject to the
Form 1099-MISC(various types of Income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected Income,and
Form 1099-B(stock or mutual fund sales and certAgn other transactions by 4.Cartifir that FATCA code(s)entered on this form(if any)Indicafing dull you are
brokers) axorniat from the FATCA reporting,Is correct,See What Is FATCA reporOrg?on
•Form 1099-S(proceeds frorn real estate transactions) page 2 for further Information,
•Form 1099-K(merchant Card and third party network transactions)
Cat.No.10231X Form 1V -9(Rev.12-2014)
UW/7"'E,"D S'77-1
yY
POS TZI,L S ERVICE"-mi
Lease
ITHACA - DOWNTOWN STA"FION (354160-003)
213 K TIOGA ST, ITHACA NY 14851-9997
UNITE-OST13TES
POS'rl3L SERVICE, Lease (Multi-Tenant Form)
FaciRty Name/Location
ITHACA-DOWNTOWN STATION(354160-003)
213 TIOGA ST,MiACA NY 14851-9997 County, Tompkins
Lease: QUO000585107
This Lease, by and between TOWN OF ITHACA, ("Landlord")and the United States Postal Service (""LISPS,""
"Postal Service"or""Tenant""), is made as of the Effective Date, The"Effective Date" shall mean the date the
Postal Service executes this Lease.
In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of
which are hereby acknowledged, the parties covenant and agree as follows:
1. PREMISES: Landlord hereby leases to the Postal Service and the Postal Service leases from Landlord, the
following premises (the"Premises") having a street address of 213 N. TIOGA ST, ITHACA, NY 14851-9997,which
Premises are a portion of a building (the"Building") situated upon the real property with a Tax Parcel Number of_
61,-4-1 (the"Property"). The Premises consists of approximately 5,020 square feet of net interior space as shown
cross-hatched on Exhibit A and additional space, if any, as shown on Exhibit C attached hereto and
incorporated herein by this reference,
The Postal Service shall have the non-exclusive right in common with other tenants, if any, of the Property to use
any and all stairways and all other general common facilities in the Building as well as appurtenances and
easements benefiting the Premises and the Property, and all common sidewalks, driveways, drive lanes,
entrances, exits, access lanes, roadways, service areas, and parking,wherever located in or on the Property,
which the Postal Service deems necessary or appropriate to support its intended use of the Premises and to
exercise its rights under this Lease. Landlord shall not make any changes to the size, location, nature, use or place
any installations upon, the common areas, including, without limitation the sidewalks and parking areas, of the
Property which impair the accessibility to or visibility of or ease of use of the Premises by the Postal Service and/or
its customers, as reasonably determined by the Postal Service.
2, TERM: The Lease shall be effective as of the Effective Date but the term of this Lease and the obligations of the
Postal Service, including the payment of any charges or rent under this Lease, shall begin on June 30, 2021
("Commencement Date")and end on June 30, 2026, unless sooner terminated or renewed as provided herein. If
this Lease is renewed, then such renewal period shall also be referred to herein as the"term."
RENT. The Postal Service will pay Landlord an annual rent of: $86,000.00 ("Rent'), payable in equal
installments at the end of each calendar month during the term. Rent for a part of a month will be prorated
according to the number of days of the month occurring during term.
Rent shall be paid to:
TOWN OF ITHACA
215 N TIOGA ST
ITHACA, NY 14850-4357
August 2M7 Vagc I of'2
AUNI TFD S S
POST SERVICE, Lease (Multi-Tenant Form)
Facillity Name&ocafion
ffHACA-DOWNTOWN STAMNI(354160-003)
213 TMA ST,ffHACA NY 14851-9997 County.- Tompkins
Lease: QUO000585107
4. RENEWAL OPTIONS: The Postal Service shall have the right to the following renewal options
Period Annual
Rent
07/01/2026,06/30/2031 $90,3KOO
07/01/2031 G6/30/2036 $94,800.00
provided that notice of exercise of each such renewal option is sent in writing, to the Landlord at least 180 days
before the end of the initial Lease term and each renewal term, All other terms and conditions of this Lease will
remain the same during any renewal term unless stated otherwise herein,
5. OTHER PROVISIONS: When used herein the term"lease"or"Lease" includes all of the following additional
profisions, modifications, riders, layouts, and/or forms which were agreed upon prior to execution and made a part
of this Lease,
0 General Conditions to USPS Lease
Real Estate Conflict of Interest Certification
• Addendum
Maintenance Rider USPS Responsibility (Partial)
Utilities, Service, & Equipment Rider
Subordination, Non-Disturbance and Attornment Agreement
TERMINATION: There shall be no early termination right unless found elsewhere in the Lease.
[Signature Page Follows]
August 2017 Page 2 ofl
UAHTED STATES
POS'T/3L SERVICE, Signature Page
Fadity Namehocation
ffKACA-DOWNTOWN STATION(354160-003)
213 TIOGA ST,ITHACA NY 14851-9997 County� Tompkins
Lease- QUO000585107
LANDLORD
TOWN OF ITHACA
Name: By:
Witness Name.- RODHOWE
Title: TOWN SUPERVISOR
Name, Date:
Witness
Provide for Execution by Witnesses above or Notary below
State of
County of
1, the undersigned Notary Public of the County of and State aforesaid, certify that
personally appeared before
me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed.
Witness my hand and Notarial stamp or seal this day of
My Commission Expires:
(Affix Seal) Notary Public
Notary's Printed or Typed Name
POSTAL SERVICE
By:
Name: PAUL FRYE
Title: Contracting Officer
Date,
Aug,ust 2017 Page I of I
A02UNITED STATES
POSTAL SERVICE, Real Estate Conflict of Interest Certification
Feeddy Name/Location
ITHACA-DOWNTOWN STATION(354160-003)
213TIOGA ST,ITHACA NY 14851.9997 County,- Tompkins
Lease: QUO000585107
To avoid actual or apparent conflicts of interest, the United States Postal Service ("Postal Service") requires the
following certification from you as a potential Landlord/Licensor/Supplier/Contractor to the Postal Service, Please
check all that apply in item A below, Further, please understand that the Postal Service will be relying on the
accuracy of the statements made by you in this certification in determining whether to proceed with any possible
transaction with you.
1, ROD HOWE hereby certify to the Postal Service as follows:
[PRINT name of potential Landlord/Licensor/Su l ieL/ContLagtorl
A. (Check all that apply) I am:
(i)___._,A Postal Service employee;
(4)___The spouse of a Postal Service employee;
(iii)-A family member of a Postal Service employee; (Relationship)
(iv) ,An individual residing in the same household as a Postal Service employee,
(v)_I am one of the individuals listed in (l)through (iv)above AND a controlling shareholder or owner of a
business organization leasing or licensing space or intending to lease or license space to the Postal
Service; OR
(vi)_None of the above,
B. (Complete as applicable),.
L I have the following job with the Postal Service,
(Title) (Location)
ii. My spouse who works for the Postal Service holds the following job,
(Title) (Location)
iii. My family member who works for the Postal Service holds the following job:
(Title) (Location)
iv. My household member who works for the Postal Service holds the following job:
(Title) (Location)
C. If you have checked"none of the above"and during the lease or license term or any renewal term, you do fall
into any of the categories listed in A (i)through (v)above, you shall notify the Postal Service's Contracting Officer in
writing within 30 days of the date you fail into any of the such categories and shall include an explanation of which
of the above categories now applies.
D. The person signing this certification has full power of authority to bind the potential Landlord/Supplier/Contractor
named above.
August 2017 Page I of 2
A 0 UNITED STATES
POSTAL SERVICE. Exhibits
Facility Narne/Locaficin
ITHACA-DOWNTOWN STATiON('354160-003)
213 TlOGA ST,lTHACA NY 14851-9997 County: Tompkins
Lease: QUO000585107
Exhibit A
A portion of a certain parcel of land and a portron of the improvements thereon located at 213 North Tice Street and in the City of Ithaca,County of
Tompkins,and State of New York;the Premises are shown on this Exhibit A and are located of)a portion of the parcel. 'The entire parcel is more
fully described tsslow�
Beginning at the point of intersecton of the south line of East Buffalo Street with the east line of NorlhTioga Street in said City,marked by a drill hole on
concrete,which point of beginning is located South 44 degrees 13'58"East a distance of 87.50 feet from a street monument at the intersection of the
north line of East Buffalo Street with the west line of North Tfioqa Street as shown on the survey map hereinafter referred to;
Thence North 87 degrees 47'30"East along the south line of East Buffalo Street a distance of 250.05 feet to the point of intersection of the south line of
East Buffalo Street with the west line of North Aurora Street in said City,marked by a drill hole on concrete,which point is located South 09 degrees 00'
20"West a distance of 66.27 feet from a street monument at the intersection of the north line of East Buffalo Street with the west line of North Aurora
Street;
Thence hence South 02 degrees 18'30"East along the west line of North Aurora Street a distance of 132 03 feet to a poht,which point is located North 15
degrees 46'48"East distance of 0.2 feet from an iron din found,and which point is at the northeasterty corner of premises of the City of Ithaca(Uber 553
of Deeds at Page 1031);
Thence South 87 degrees 40'30"West along the northerly line of said premises of the City of Ithaca a distance of 250.12 feet to a point in Pie east line of
North Tioga Street marked by a drill hole on concrete;
Thence North 02 degrees 16'33"West along the east fine of North"rioga Street a distance of,132.54 feet to the point or,place of beqlnn�ng
PREMISES
BIUDING
August 2017 page 1 00
UNITED STATES
F)MML SERVICE, Exhibits
Facifty NamelLocation
ITHA A-DOWNTOWN STA"rfl N(3 416f-003) (�CIUn� Tompkins
213'IIOGA aT,I'1HA A Y 14851-9997 y° C�n�p
Lease: QUO000585107
Exhibit
Parking Area
(If Applicable)
i
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w
a
G
r
,y ��uuuuuuuu i i �IIIIIII��"�!I�II' II ' � muuuuuuuuuulij
i
w�
I
�r
it
f,XC;LUSIW't't.➢SE t"A&C.Kt'N4a SPAC',F
Ai2UNITEDST11TES
F*05'7YJL SE VICE, Exhibits
Fadhty Namekocatuon
ITHACA-DOWNTOWN STATION(354160-003)
213 TIOGA ST,ITHACA NY 14851-9997 County, Tompkins
Lease" QUO000585107
Exhibit C
If there is any conflict or ambiguity between any items of the lease, Exhibit A, and Exhibit B, the terms of this
Exhibit C shall control,
Area Sq ft
Rentable SF,- 5,020
Total USPS Leased SF- 5,020
Parking at Loading Dock& Vehicle Maneuvering: 3,820
August 2017 Page 3 of 3
0 UNITEDSTA ES T
2POSTAL SERVICE, Addendum
Fadity NamelLocation
ITHACA-DOWNTOWN STATION(354160-003)
213 TIOGA ST,iTHACA NY 14851.9997 County: Tompkins
Lease: QUO000585107
If there is any conflict or ambiguity between any items of the Lease or this Addendum, the terms of this Addendum
shall control.
7. The Landlord shall provide one (1) short-term parking space in the rear of the building for Tenanf s
exclusive use only by officially marked Postal Service vehicles for loading and unloading, The space shall be
located in front of the loading dock. Landlord shall provide Tenant with a gate opener, If Tenant misplaces or
loses the gate opener, Landlord will provide a replacement opener after Tenant pays Landlord a fee
equivalent to Landlord's opener procurement cost,
8, From July 1, 2021 through June 30 2026, the Landlord, at Landlord's sole cost and expense, shall provide 5
parking passes in the adjacent Seneca Street parking garage for use by Postal Service employees.
9, Improvements. Tenant shall be responsible for all modifications, alterations, improvements, and installations
that Tenant requires in the Premises and with respect to systems, installations and services for the Premises and
for all maintenance, repairs, and replacement of same installed under a prior lease VVithout limiting the foregoing,
Tenant shall install its own partitions, wall coverings, ceilings, ceiling fixtures, wiring, wiring and lighting fixtures,
heating equipment, air conditioning unit, mechanical work providing for heating, air conditioning and ventilation,
floor coverings, and all other installations needed by Tenant. To the extent it is reasonably necessary to do so,
Tenant shall be permitted, subject to the obtaining of approval as set forth below, to install outside the Premises
electrical, ventilation, heating, air conditioning and plumbing system components necessary for the provision of
such services in the Premises. Prior to the commencement of installation of any modifications, alterations,
improvements or systems which involve
(a)Structural members of the building in which the Premises are located, including columns, floor supports, roof
supports, load bearing walls, and similar structural components,*
(b) Installation or modification of building systems components (including electrical, telecommunications, plumbing,
heating, air conditioning and ventilation) located outside the Premises including installation of roof-top air
conditioning units, wiring, conduit, cable, ductwork, plumbing piping fixtures or other similar items,
(c) Installation or modification of any such systems which require increases in the capacity of any such systems,
such as increased water flows or increases in the electrical service amperage where the facility requiring increased
capacity is located outside the Premises;
(d) Installations or modifications which require the penetration of the roof, exterior walls, entranceway, walls
separating the Premises from space not leased to Tenant, or floor;
Tenant shall arrange to have plans and specifications, prepared by a licensed architect or engineer, submitted to
the Lessor, and shall have received written approval of Lessor of the plans and specifications, which written
approval will not be unreasonably delayed or withheld. Before commencement of work, Tenant shall deposit with
Lessor the policies or certificates of insurance outlined elsewhere in this Lease document, if any. Tenant agrees
that its activities shall be conducted so as not to unreasonably interfere with Lessor's activities. Tenant shall, at
its expense, remove from the premises and from the building in which the Premises are located, all trash which
may accumulate in connection with Tenant's activities.
10. Quality of Work. The Postal Service will take reasonable steps to prevent liens being filed against the
August 2017 Page I oft
Property, including but not limited to(i) prompt payment of proper invoices presented to the Postal Service for
payment and (ii) requiring postal construction contractors to furnish payment bonds, as required by the Miller
Act, and to provide certification that all subcontractors and suppliers have been paid or will be paid in a timely
fashion following receipt of payment from the Postal Service.
11. Operations by Tenant.Tenant will not:; (f)place or maintain any advertising, merchandise, trash, refuse or
other articles in any area not rented exclusively to Tenant, nor on the footwalks or corridors adjacent thereto nor
elsewhere on the exterior of the building premises so as to obstruct any driveway, corridor, footwalk, mall or any
other common area; (g)use or permit the use of any objectionable advertising medium such as, without limitation,
loudspeakers, public address systems, sound amplifiers, reception of radio or television broadcasts within the
Premises or any area outside the Premises in such manner that any sounds reproduced, transmitted or produced
shall be directed beyond the interior of the Premises; (h)cause or permit objectionable odors to emanate or to be
dispelled from the Premises; (i) permit the parking of vehicles so as to unreasonably interfere with the use of the
parking lot;; or(k)place a load upon any floor which exceeds the floor load which the floor was designed to carry.
12. Signs and Advertising.Tenant may place signs or advertisements in places and in the manner that is in
accordance with the current USPS signage requirements. However, no signs will be placed outside the Premises
on any surface of the building without the approval of Lessor,which approval will not be unreasonably withheld.
Any sign installed will be maintained by the Tenant at its sole cost and expense, in good condition and repair at all
times.
13. Discontinuances and Interruptions of Utility Services. Lessor shall not be liable to Tenant in damages or
otherwise(a) if any utility shall become unavailable from any public utility company, public authority or any other
person or entity(including Lessor)supplying or distributing such utility, or(b)for any interruption in any utility
service caused by the making of any necessary repairs or improvements or by any cause beyond Lessor's
reasonable control, and the same shall not constitute a termination of this Lease or an eviction of Tenant.
14. Increase in Insurance Premiums. Tenant will not do or suffer to be done, or keep or suffer to be kept,
anything in, upon or about the Premises which will contravene Lessor's policies of hazard or liability insurance or
which will prevent Lessor from procuring such policies in companies acceptable to Lessor. If anything done,
omitted to be done or suffered by Tenant to be kept in, upon or about the Premises shall cause the rate of fire or
other insurance on the Premises or on other property of Lessor in the building in which the Premises are located to
be increased beyond the minimum rate from time to time applicable to the Premises or to any such property for the
use or uses made thereof,Tenant will pay, as additional Rent,the amount of any such increase, upon Lessor's
demand.
15. Tenant to Share Lessor's Operating Costs. In each twelve(12) month period beginning with the Effective
Date, Tenant will pay Lessor, as additional Rent, twenty percent(20%)of Lessor's Operating Costs as defined
below. Such share shall be paid by Tenant semi-annually, such share being due thirty(30)days after Tenants
receipt of the bill from Landlord. Bills shall be sent to the following person and address, or such other person or
address which Tenant hereafter designates in writing to Landlord:
16. "Lessor's Operating Costs"Defined. The term"Lessor's Operating Costs"means costs and expenses
incurred in operating and maintaining the entire building, part of the benefit of which inures to the Tenant. Such
costs and expenses are as follows: all costs and expenses of operating, maintaining, repairing, replacing, and/or
painting the exterior of the building (including the roof); wages,costs and expenses of repair or replacement of
paving, curbs,walkways, landscaping, drainage, pipes, ducts, conduits and similar items, and lighting facilities at
the front entrance of the Post Office;wages, costs and expenses of repair or replacement of paving for the back
parking lot; and real estate taxes and/or assessments. Lessor's Operating Costs do not include costs of
maintaining, operating, repairing or replacing equipment used solely by Lessor in its occupancy of other portions of
the building in which the Premises are located.
August 2017 Page 2 of 2
UNIMD S TATES
POST23L SERVICE, General Conditions to USPS Lease
Fadhty Name/Location
ITHACA-DOWNTOWN STATION(354160-003)
213 TIOGA ST,ITHACA NY 14851-9997 County, Tompkins
Lease: QUO000585107
1.APPLICABLE CODES AND ORDINANCES
The Landlord shall comply with all codes and ordinances applicable to the ownership and operation of the Building
and Property without regard to the Postal Service tenancy and obtain all necessary building permits, certificates of
occupancy, and similar related items at no cost to the Postal Service, The Postal Service agrees(i)to comply with
all codes and ordinances applicable to the operations of the Postal Service at the Premises, to the extent
enforceable against the Postal Service, and (6)when the Postal Service or one of its contractors (other than
Landlord) is performing work at the Premises, the Postal Service will be responsible for obtaining applicable
permits and related items and to pay the associated costs and comply with all applicable codes and ordinances,
related to the work. Nothing herein shall be construed as a waiver of the Postal Service's sovereign immunity.
2. LANDLORD'S INTEREST
a. Landlord represents and warrants to the Postal Service that as of the Effective Date, (I) Landlord owns and holds
fee title in and to the Building, the Premises and the Property-, (ii)there are no encumbrances, liens, agreements,
covenants in effect that would materially interfere with the Postal Service's ability to operate its operations,
materially impair the Postal Service's rights under this Lease, or materially increase the Postal Service's obligations
under this Lease„ and (iii) Landlord is unaware of any existing or impending condemnation plans, proposed special
assessments or other adverse physical conditions relating to the Property. The term "Landlord"as used herein
shall mean only the owner or owners, at the time in question, of the fee title(or a tenants interest in a ground
lease)of the Property.
b. If this Lease provides for payments aggregating$10,000 or more to Landlord, claims for monies due or to
become due from the Postal Service under it may be assigned by Landlord to a bank, trust company, or other
financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned
to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to
more than one party at a time, except that assignment or reassignment may be made to one party as agent or
trustee for two or more parties participating in financing this Lease. No assignment or reassignment by Landlord Will
be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or
reassignment, together with a true copy of the instrument of assignment and other reasonable documentation,
including without limitation, a 1 -9, is filed with:
1. the Postal Service's Contracting Officer; and
2. the surety or sureties, if any, upon any bond.
c. Assignment by Landlord of this Lease or any interest in this Lease other than in accordance with the provisions
of this clause will be grounds for termination of this Lease by the Postal Service.
d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the Premises by Landlord,
provided that-,
1, such transfer is subject to this Lease"
2. a copy of the recorded deed or other official transfer instrument evidencing the transfer is provided to the
Postal Service" and
I I
A ugw 2017 Page I ark'14
UIVI TE D 5 TZA TES
POSTAL SERVICE., General Conditions to USPS Lease
Facility Name/Location
ITHACA-DOWNTOWN STATION(35,4160-003)
213 TIOGA ST, ITHACA NY 14851-9997 County: Tompkins
Lease: QUO000585107
3. Landlord shall cause its assignee or transferee to assume the provisions of this Lease and Landlord shall
deliver notice of such assignment or transfer and a copy of the effective instrument of transfer to the Postal
Service within 15 days after the data of transfer. In addition, both the original Landlord and the successor
landlord shall execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment
and Assumption form to be provided by the Postal Service within 15 days after receipt of such form from the
Postal Service. If due to the death or dissolution of the original Landlord preventing the execution and delivery
of the Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form, the
Postal Service may reasonably request such other documentation to evidence the transfer and ownership by
the successor landlord, including but not limited to, a W-9 and an agreement to indemnify and hold harmless
the Postal Service with respect to any claims by other parties of ownership interest in the Premises or
entitlement to the Rent, The Postal Service shall be entitled to continue to pay rent and give all notices to
Landlord until it has, received the foregoing from Landlord. Landlord shall deliver all such funds in which the
Postal Service has an interest to Landlord's successor or assignee. Provided Landlord's successor or
assignee expressly assumes Landlord's duties and covenants under this Lease as required hereunder,
Landlord shall be released from all liability toward the Postal Service arising from this Lease because of any
act, occurrence or omission of Landlord's successors occurring after the transfer of Landlord's interest in this
Lease. Nothing herein shall be deemed to relieve Landlord of any liability for its acts, omissions or obligations
occurring or accruing up to and including the date of such transfer, and the Postal Service shall be free to
exercise any and all remedies for a Landlord default against either the Landlord or a successor landlord, at the
election of the Postal Service, Notwithstanding anything to the contrary contained herein, in the case of new
leased space projects, this Lease may only be assigned or ownership of the property transferred following
commencement of the fixed term, unless prior written consent is obtained from the Postal Service,
3.ASSIGNMENT/SUBLEASE BY THE POSTAL SERVICE
The Postal Service may sublet all or any part of the Premises or assign this Lease only with the prior written
consent of Landlord, which consent shall be at the sole discretion of the Landlord. The Postal Service shall not be
relieved from any obligation under this Lease by reason of any subletting or assignment.
4. ALTERATIONS AND RESTORATION
a, The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures and
install flags or signs in or upon the Premises(provided such alterations, additions, structures, or signs shall not be
detrimental to or inconsistent with the rights granted to other tenants on the Property);which fixtures, additions,
structures, flags or signs so placed in, upon or attached to the Premises or common areas shall be and remain the
property of the Postal Service and may be removed or otherwise disposed of by the Postal Service at any time
and from time to time, including, without limitation, at the end of the term or any renewal term, subject to the
provisions of Section 4b below. The Postal Service shall also have the right to display and install the Postal
Service and/or American flags in the Premises as reasonably determined by the Postal Service consistent with its
operations.
b. Prior to expiration or termination of this Lease, the Postal Service shall return all keys and gate openers to
Landlord, remove its personal property and restore the Premises to as good condition as that existing at the
time of entering upon the same under the Lease, with any systems and structures for which the Postal Service is
responsible (under the Maintenance Rider attached to this Lease) in working order. Except as provided to the
A ugust 2M7 Page 2 of 14
UNI'TED
E ICE,, general Conditions to USPS Lease
F c iaty N mekocaVon
ITHACA DOWNTOWN aTATi N(33.4199.003) County: Tom kips
213 TIOGA ST,B`HACA NY 14851-9997
Lease: QUO0 05851 Q
contrary in the immediately preceding sentence, the Postal Service shall not be responsible to restore any condition
due to reasonable and ordinary wear and tear, damages by the elements, or by circumstances over which the
Postal Service has no control. The Postal Service at its sole option may, prior to the expiration or termination of the
Lease„ remove any or all of the alterations or improvements or elect to abandon the alterations or improvements in
or on the Premises. If the Postal Service elects to abandon,: the abandoned alterations and improvements shall
become the property of the Landlord and the Postal Service shall be relieved of any liability in connection therewith
arising after the Lease expiration or termination; provided, however„ if following expiration of the Lease the Postal
Service enters Into a new lease agreement with Landlord to remain in the Premises, the Postal Service shall have
continued responsibility for maintenance of such alterations or improvements which were installed by the Postal
Service during the term of this Lease(and not by Landlord) in accordance with the Maintenance Rider attached to
this Lease.
5. DAMAGE AND DESTRUCTION
a. Obligation to Repair, If all or any portion of the Premises, parking areas„ or any common areas of the Property
providing access to the Premises or access to the parking areas are damaged or destroyed by fire or other
casualty, Acts of Cod, of a public enemy, riot or insurrection„ vandalism, or other similar casualty(each, a
"Casualty"), Landlord shall, subject to the provisions of this Section, promptly commence and diligently pursue to
completion the repair of such damage so that the Premises and the parking areas„ or any common areas of the
Property providing access to the Premises or access to the parking areas are restored to a condition of similar
quality„ character and utility for the Postal Service's purposes and to the Postal Service's reasonable satisfaction.
Landlord shall not be responsible for(i) repairing or restoring the Premises to the extent the Casualty in question
results from the negligent act, omission or negligence of the Postal Service or its employees (in which event that
portion of the costs of repairs for damage directly caused by the negligence of the Postal Service shall be the
responsibility of the Postal Service), (ii) repairing or restoring any improvements, alterations„ or additions installed
by the Postal Service, or(ili)any furniture fixtures, equipment„ or other personal property of the Postal Service.
b. Time Period to Repair.
(i) If the damage from the Casualty is such that the Postal Service reasonably determines the Premises is
tenantable(i.e. suitable for the Postal Service's use and occupancy in the then ordinary course of its business
being conducted on the date of the Casualty)„ the Postal Service shall so notify Landlord not later than 3 days
following the Casualty, Landlord shall submit to the Postal Service a copy of its construction contract for the repair
or evidence of its filing of applications for necessary building permits and/or other required governmental approvals
(as applicable)for the repair, within 60 days after the date of the Casualty„ and shall complete the repair to the
reasonable satisfaction of the Postal Service within 120 days after the date of the Casualty. Nothing stated herein
is intended to relieve Landlord of its continuing obligations under this Lease, including„ without limitation„
Landlord's obligations to comply with law and for maintenance under this Lease.
(ii) If the damage from the Casualty is such that the Postal Service reasonably determines the Premises is
untenantable(,I.e.,, not suitable for the Postal Service's use and occupancy in the then ordinary course of its
business being conducted on the date of the Casualty), the Postal Service shall so notify Landlord not later than 3
days following the Casualty. If the Postal Service gives such notice that the Premises is untenantable„ Landlord
shall submit to the Postal Service a copy of its construction contract for the repair or evidence of its filing of
applications for necessary building permits and/or other required governmental approvals(as applicable)for the
repair„ within 90 days after the date of the Casualty„ and shall,complete the repair within 270 days after the date of
the Casualty. Nothing stated herein is intended to relieve Landlord of its continuing obligations under this Lease„
including, without limitation„ Landlord's obligations to comply with law and for maintenance under this Lease so that
the Premises, if tenantable following the Casualty, remain tenantable.
August 20 7 Page 3 rid`14
UNITFDSTATES
POST/JL SERVICE, General Conditions to LISPS Lease
Facifity Name/Locafion
n`HACA-DOWNTOWN STATION(354160-003)
213 TIOGA ST,ITHACA ANY 14851-9997 County: Tompkins
Lease: QUO000585107
insurance and premium bill evidencing Landlord's Insurance, together with the appropriate form stating Landlord's
insurance policy(ies) has been endorsed.
(I) Liability Insurance, Bodily injury, personal injury and property damage insurance, naming the Postal Service
as an additional insured, insuring against claims of bodily injury or death, personal injury or property damage,
arising out of or in connection with Landlord's acts or omission upon, in or about the Property, with an each
occurrence limit of not less than $2,000,000 and a general aggregate limit of not less than $2,000,000,
Landlord's Insurance shall be primary with respect to any claim covered under such insurance and arising out
of events that occur outside the Premises. Landlord shall have the right, but not the obligation, to increase the
amounts or limits of insurance to such amounts as Landlord deems reasonably necessary. Landlord may, at
Landlord's option, carry insurance required under this Section under an umbrella policy or policies for
coverage amounts exceeding $1,000,000, provided that such umbrella policy or policies otherwise comply with
the requirements of this Section,
(4) Property Insurance. Insurance covering loss or damage to the Premises and the Property by reason of fire
(extended coverage) and those perils included within the classification of"Special Form Causes of Loss"
insurance(with other appropriate endorsements), which insurance shall be in the amount of at least 90%of
the full replacement value of the Premises (exclusive of excavation, footings, and foundations) as determined
by insurance company appraisers or Landlord's insurance broker.
(iii)Flood, Earthguake and Tornado Insurance. Insurance covering loss or damage to the Premises and the
Property by reason of flood, earthquake, or tornado, which insurance shall be in the amount in line with
insurance carried by comparable property owners of comparable properties within the vicinity of the Property.
Section 6(b)(iii)of the General Conditions to USPS Lease shall be amended to add the following language to the end
thereof: "Notwithstanding anything to the contrary set forth in this Section 6.b(iii)above, Landlord represents and warrants
that comparable property owners of comparable properties within the vicinity of the Property do not carry tornado insurance
and the Postal Service agrees that Landlord shall not be required to carry tornado insurance so long as comparable property
owners of comparable properties within the vicinity of the Property do not carry such Insurance."
7. HAZARDOUS/TOXIC CONDITIONS CLAUSE
a. Definitions.As used in this Lease, the following terms have the following meanings:
"Environmental Laws" mean all federal, state or local statutes, laws, ordinances, rules or regulations, relating to
protection of human health or the environment, including but not limited to(i)all laws relating to the release of
Hazardous Materials into the air, surface water, groundwater or land, or relating to the reporting, investigation or
remediation of, licensing, manufacture, processing, distribution, use, treatment, storage, disposal, transport or
handling of Hazardous Materials, (h) all laws pertaining to the protection of the health and safety of employees; and
(ki)the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S,C,
§9601 et seq.; the Hazardous Materials Transportation Act as amended 49 U.S.C. §1801 et seq.„ the Resource
Conservation and Recovery Act, as amended 42 U.S.C. §6901 et seq.; and the Federal Water Pollution Control
Act, as amended, 33 U.S.C. §1251 et seq.
"Hazardous Materials" mean (I) any toxic substance or hazardous waste, substance or related material, or any
pollutant or contaminant that is or may hereafter be defined as or included in the definition of"hazardous
substances," "toxic substances,""hazardous materials,""hazardous waste"or words of similar import under any
and all Environmental Laws" (6) petroleum, radon gas, asbestos in any form that is or could become friable, urea
formaldehyde foam insulation, transformers or other equipment that contain dielectric fluid containing levels of
I poI chlorinated bie hen yls in excess of federal, state or local safety guidelines, whichever are more stringent; and
August 2017 Page 5 W 14
UIVITEDST13TES
POSTAL SERVICE. General Conditions to USPS Lease
Facility Name/Locafion
ITHACA-DOWNTOWN STATION(35,4160-003)
213TIOGA ST,ITHACA NY 14851-9997 County: Tompkins
Lease: QUO000585107
(III)any substance, gas material or chemical that is or may hereafter be defined as or included in the definition of
"hazardous substances,""toxic substances,""hazardous materials,""hazardous waste"or words of similar import under
any Environmental Laws,
"Environmental Contamination" means the presence of any Hazardous Materials which includes the presence of
friable asbestos materials at any level, in, on, or under the Property, the Premises, common areas or the Building,
at levels that require reporting to the enforcing environmental regulatory agency and/or environmental response
action (s) under applicable Environmental Laws,,
"Asbestos-Containing Material"(ACM) means any material containing more than 1%asbestos as determined by
using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material"means any
ACM that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure.
b. Landlord Certification. By execution of this Lease, the Landlord certifies that, to the best of its
knowledge and excluding any written disclosures per paragraph 7.E„ the Property is (I)free of Environmental
Contamination-, (6)there are no undisclosed underground storage tanks or associated piping on, in, or under the
premises or property; (III)there are no ACMs, radon, lead-based paint, or lead piping or solder in drinking water
systems, or in or on the Property; and (iv) Landlord has not received, nor is Landlord aware of, any notification or
other communication from any party concerning any environmental condition, or violation or potential violation of
any Environmental Law, regarding the Property or its vicinity. If the Landlord becomes aware of any such
conditions, potential conditions, or violations of any Environmental Law regarding the Property or its vicinity defined
herein, subsequent to Lease commencement, Landlord must disclose the new information to the Postal Service as
soon as possible, and under no circumstances later than 5 business days after first becoming aware,
c. Environmental Condition of the Premises.
(I) Unless due to the negligence or intentional wrongful acts of the Postal Service, if after the Lease
Commencement Date or any renewal thereof, Environmental Contamination is at any time identified on the
Property, upon notification by the Postal Service, Landlord agrees to remediate such Environmental
Contamination to the extent required by Environmental Laws. The foregoing notwithstanding, the Postal
Service shall pay a portion of the costs of remediation of Environmental Contamination caused by the
negligence or intentional wrongful acts of the Postal Service,
If friable ACM is subsequently found in or on the Property or the Building which reasonably should have been
determined, identified, or known to the Landlord, the Landlord agrees at Landlord's sole expense, to remove
and/or abate the friable ACM.
(ii) In performance of any work under this Clause, Landlord and Landlord's agents, contractors, and consultants
("Landlord's Agents") shall provide all information and data obtained, generated or learned as a result the
work,
August 2017 Page 7 d'14
SERVICE,POSTIAL eneral Conditions to USPS Lease
F acifity Narc7e&ocafi n
VTHACA-DOWNTOWN STAMON(354160-003) Cclu Tompkins
13 n0GA T,VTHACA NY 1a455C- 7 nt y°
Lease; QUi 000585107
including all verified lab data and all consultant reports, studies and analysis to Postal Service as soon as they
become available„ but no later than the 7 business days after receipt. In addition, if requested by Postal Service„
Landlord and Landlord's Agents shall promptly make available to Postal service access to all raw data, whether or
not verified. Landlord also shall provide Postal Service with copies of all correspondence„ information and
documents submitted by or received by Landlord or Landlord's Agents from any third party or any governmental
authority relating to the work promptly upon its receipt and/or submission by Landlord or Landlord's Agents. Postal
Service shall be permitted to have representatives present during all work„ and Landlord and Landlord's Agents
shall provide to Postal service samples„ copies of the results of on-site testing and visual inspections, and access
at all reasonable times to all samples and tests taken or conducted. If non-friable ACM, whether disclosed by the
Landlord prior to execution of this Lease or subsequently found in or on the Property after execution of this Lease„
should became friable due to any cause other than the negligence or intentional wrongful acts of the Postal
Service„ the removal„ abatement„ containment„ repair„ remediation, replacement or environmental response to such
friable ACM shall be performed by the Landlord at the Landlord's sole cost and expense. If ACM in or on the
Property or the Building was rendered friable due to the negligence or intentional wrongful acts of the Postal
Service(including any such negligence or intentional wrongful acts of the Postal service under any prior lease or
leases of the Premises), the Postal service shall be liable for the removal, abatement, containment, repair,
remediation, replacement or environmental response to such friable ACM at the Postal Service's sole cost and
expense. The parties agree as follows: (1) neither of the following shall constitute the negligence of the Postal
Service: ('a) reasonable and ordinary wear and tear and (b)damages by the elements or by circumstances over
which the Postal Service has no control; (2)to the extent a failure by the Postal Service to maintain the
improvements containing ACM in accordance with the Postal Service's obligations under the Maintenance Rider in
the current or a prior lease of the Premises causes asbestos in ACM in the Premises to become friable, such failure
shall constitute the negligence of the Postal Service hereunder, and the Postal Service shall be liable for the
removal„ abatement, containment„ repair, remediation, replacement or environmental response to such friable ACM
at the Postal Service's sole cost and expense; and ( )to the extent a failure by the Landlord to maintain the
Improvements containing ACM in accordance with the Landlord's obligations under the Maintenance Rider in the
current or a prior lease of the Premises causes asbestos in ACM in the Premises to become friable, such failure
shall constitute the negligence of the Landlord hereunder„ and the Landlord shall be liable for the removal,
abatement, containment, repair„ remediation, replacement or environmental response to such friable ACM at the
Landlord's sole cost and expense.
(iv) If the Landlord fails to remove„ or otherwise respond to in accordance with Environmental Law„ any friable
asbestos materials or Environmental Contamination„ or fails to complete an AHERA asbestos survey and O&M
plan with such diligence as will ensure its completion within the time specified in Postal Service notice to Landlord
(or any extension thereof as may be granted at the sole discretion of the Postal Service)„ or fails to complete the
work within said time, as provided in the Maintenance Rider, the Postal Service shall have the right to perform the
work(by contract or otherwise)„ and withhold the cost plus administrative costs and/or interest„ from rent payments
due or to become due or to become due under this Lease (or from other amounts owed to Landlord by the Postal
Service or federal government). Completion of the work by Postal Service shall not relieve Landlord of its
responsibility to perform the work in the future. In addition, the Postal Service may proportionally abate the rent for
any period the premises„ or any part thereof, are determined by the Postal Service to have been rendered
untenantable or unavailable to it by reason of such condition. Alternatively, if Landlord fails to prosecute the work
as required and the Postal Service Contracting Officer determines that the premises are untenantable or unfit for
use or occupancy, with reasonable discretion„ cancel this Lease in its entirety without liability. The remedies
provided in this section are non-exclusive and are in addition to any remedies available to the Postal Service under
applicable law.
e. Indemnification. Landlord hereby indemnifies and holds harmless the Postal Service and its officers,
agents„ representatives„ and employees from and against any and all claims„ losses„ damages, actions, causes of
action, expenses, fees and/or liability resulting,from, brought for, or on account of an
August 2017 Page 8 of 14
t I
c. Force Majeure. In the event that either party shall be delayed or hindered in or prevented from the performance
of any covenant, agreement,work, service, or other act required under this Lease to be performed by such party(a
"Required Act'), and such delay or hindrance is due to causes entirely beyond its control such as riots, insurrections,
martial law,civil commotion,war,acts or threats of terrorism,fire,flood,earthquake, delays by governmental authorities
or other casualty or acts of God(a"Force Majeure Event'),then the performance of such Required Act shall be excused
for the period of delay,and the time period for performance of the Required Act shall be extended by the same number
of days in the period of delay. For purposes of this Lease,the financial inability of Landlord or the Postal Service to
perform any Required Act, including(without limitation)failure to obtain adequate or other financing,shall not be
deemed to constitute a Force Majeure Event.A Force Majeure Event shall not be deemed to commence sooner than 15
days before the date on which the party who asserts some right,defense or remedy arising from or based upon such
Force Majeure Event gives written notice thereof to the other party hereto. If abnormal adverse weather conditions are
the basis for a claim for an extension of time due to a Force Majeure Event,the written notice shall be accompanied by
data substantiating(1)that the weather conditions were abnormal for the time and could not have been reasonably
anticipated and(ii)that the weather conditions complained of had a significant adverse effect on the performance of a
Required Act.To establish the extent of any delay to the performance of a Required Act due to abnormal adverse
weather,a comparison will be made of the weather for the time of performance of the Required Act with the average of
the preceding ten(10)years climatic range based on the National Weather Service statistics for the nearest weather
reporting station to the Premises. No extension of time for or excuse for a delay in the performance of a Required Act
will be granted for rain,snow,wind,cold temperatures,flood or other natural phenomena of normal intensity for the
locality where the Premises are located.
9.CLAIMS AND DISPUTES
a. This Lease shall be governed by federal law, including but not limited to,the Contract Disputes Act of 1978
(41 U.S.C.7101-7109)(the"Act').
b. Except as provided in the Act,all disputes arising under or relating to this Lease must be resolved under this
clause.
C. "Claim,"as used in this clause,means a written demand or written assertion by one of the contracting parties
seeking,as a matter of right,the payment of money in a sum certain,the adjustment or interpretation of contract
terms, or other relief arising under or relating to this Lease. However,a written demand or written assertion by the
Landlord seeking the payment of money exceeding$100,000 is not a claim under the Act until certified as required by
subparagraph d below.A voucher, invoice,or other routine request for payment that is not in dispute when submitted
is not a claim under the Act.The submission may be converted to a claim under the Act by complying with the
submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted
upon in a reasonable time.
d. A claim by the Landlord must be made in writing and submitted to the Postal Service Contracting Officer for a
written decision.A claim by the Postal Service against the Landlord is subject to a written decision by the Postal
Service Contracting Officer. For Landlord claims exceeding$100,000,the Landlord must submit with the claim the
following certification:
"I certify that the claim is made in good faith,that the supporting data are accurate and complete to the best of my
knowledge and belief,that the amount requested accurately reflects the contract adjustment for which the Landlord
believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the Landlord."
The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim.
August 2017 Page 10 of 14
UNI TED SEA
TES
ACF POSTAL SERVICE, General Conditions to USPS Lease
Facility Name/Location
tTHACA-DOWNTOWN STATION(354160-003)
213 TIOGA ST,n`HACA NY 14851-9997 County: Tompkins
Lease: QUO000585107
e. For Landlord claims of$100,000 or less, the Postal Service Contracting Officer must, if requested in writing by
the Landlord, render a decision within 60 days of the request. For Landlord-certified claims over$100,000, the
Postal Service Contracting Officer must, within 60 days, decide the claim or notify the Landlord of the date by which
the decision will be made.
f. The Postal Service Contracting Officer's decision is final unless the Landlord appeals or files a suit as provided in
the Act.
g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an
alternative dispute resolution (Ail ) process to assist in resolving the claim. A certification as described in
subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before AD R is used,
h. The Postal Service will pay interest on the amount found due and unpaid from:
1. the date the Postal Service Contracting Officer receives the claim (properly certified if required); or
2, the date payment otherwise would be due, if that date is later, until the date of payment.
I. Simple interest on claims will be paid at a rate determined in accordance with the Act.
j. Landlord must proceed diligently with performance of this Lease, pending final resolution of any request for relief,
claim, appeal, or action arising under this Lease, and comply with any decision of the Postal Service Contracting
Officer.
k, In the event of an alleged Postal Service default where the Postal Service has vacated the Premises, Landlord
shall in all events have an affirmative obligation to obtain another tenant for the Premises at a fair market rental and
to otherwise mitigate its damages. In no event shall the Postal Service or Landlord be liable for any consequential,
punitive, or special damages under this Lease. The parties agree that this restriction shall not apply to liquidated
damages, if any, provided for in any workietter or other rider or attachment to this Lease.
10. GENERAL
a. Quiet Enjoyment.Without limiting any rights the Postal Service may have by statute or common law, Landlord
covenants and agrees that, provided that the Postal Service is not in default under this Lease, and for so long as
this Lease is in full force and effect, the Postal Service shall lawfully and quietly hold, occupy and enjoy the
Premises during the term of this Lease from and after Landlord's delivery of the Premises to the Postal Service until
the end of the term, without disturbance by Landlord or by any person having title paramount to Landlord's title or
by any person claiming by, through or under Landlord.
b. Exterior of Building. Landlord shall not place, or allow any other person or entity to place, any advetsing, bas
reliefs, murals or other decorations on the exterior walls of the area in which the Premises is located nor shall
Landlord place, or allow any other person or entity to place any additional landscaping or plantings in such area in
excess of that landscaping or planting in existence at the commencement of this Lease. Nothing stated herein is
intended to prohibit Landlord from replacing the landscaping or plantings in existence at the commencement of this
Lease as needed,
c, Recording. Not Applicable
A ugust 207 Page 12 of'14
UNI S TED TATES
POSTAL SERVICE, General Conditions to USPS Lease
Fabhty Name/Locafion
IT 4ACA-DOW STM NTOWN AN(354160�003)
C
4 ounty: Tompkins
21�3 TIOGA ST,ITHACA NY 14851-9997
Lease: OU0000585107
d. Subordination, Non-Disturbance and Attornment Agreement. If there is now or will be a mortgage on the
property which is or will be recorded prior to the Effective Date, the Landlord must notify the Postal Service of the
facts concerning such mortgage. This Lease will be subject and subordinate to the lien of all existing mortgages or
deeds to secure debt encumbering the property, provided that Landlord has obtained from such holder of any
existing mortgage a Subordination, Non-Disturbance and Aftornment Agreement in the form attached hereto.
e. Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction,
shall in no way affect the validity of any other provision hereof,
f. Interpretation. Section headings are not a part hereof and shall not be used to interpret the meaning of this
Lease. This Lease shall be interpreted in accordance with the fair meaning of its words and both parties certify they
either have been or have had the opportunity to be represented by their own counsel and that they are familiar with
the provisions of this Lease, which provisions have been fully negotiated, and agree that the provisions hereof are
not to be construed either for or against either party as the drafting party,
g. Incorporation of Prior Agreements; Amendments.This Lease contains all agreements of the parties as of the
date hereof with respect to any matter mentioned herein. No prior agreement, correspondence or understanding
pertaining to any such matter shall be effective to interpret or modify the terms hereof, This Lease may be modified
only in writing, signed by the parties in interest, at the time of the modification. Landlord specifically acknowledges
that the Postal Service's employees at the Premises do not have authority to modify the Lease or to waive the
Postal Service's rights hereunder,
h. Waivers. No waiver by the Postal Service or Landlord of any provision hereof shall be deemed a waiver of any
other provision hereof and no waiver of any breach hereunder by Postal Service or Landlord shall be deemed a
waiver of any subsequent breach by the Postal Service or Landlord of the same or any other provision. A party's
consent to or approval of any act shall not be deemed to render unnecessary obtaining such party's consent to or
approval of any subsequent act, No waiver shall be effective unless it is in writing, executed on behalf of Landlord
or the Postal Service by the person to whom notices are to be addressed.
I. Holding Over. If the Postal Service remains in possession of the Premises or any part thereof after the expiration
of the term, with or without the written consent of Landlord, such occupancy shall be on all the terms of this Lease
with the exception that the Postal Service will continue to pay either I 10%of the last rental rate in effect prior to the
expiration or termination of the Lease or the fair market value(as determined by the Landlord in its sole, but
reasonable, discretion)of the leasehold, whichever is higher. If the parties agree to and execute a new lease or a
lease extension, the rent paid during the holdover period will be adjusted to reflect the rate negotiated by the
parties for the new lease or lease extension, and the difference, if any, will be paid to Landlord along with the new
rent for the new lease or lease extension, or credited to the Postal Service, if applicable. The Landlord or Postal
Service may terminate the Lease during the holdover period upon 60 days' prior written notice to Landlord.
j. Successors and Assigns. Subject to the provisions of this Lease, this Lease shall be binding upon and benefit
the parties, their personal representatives, successors and assigns,
k. Landlord's Access. Landlord and Landlord's agents shall have the right to enter the Premises upon reasonable
prior written notice for the purpose of performing maintenance or repairs that are the responsibility of Landlord
under this Lease. The Landlord's right of entry hereunder shall be exercisable only during normal business hours
and only on the terms set forth below. All other access to the Premises, including but not limited to showing the
Air ust 2017 Pagc 11 of 14
APOSTIJ UNITED S TA TE S
2- L SERVICE General Conditions to USPS Lease
Fadlity NamelLocation
ITHACA-DOWNTOWN STATION(35,4160-003')
213 TIOGA ST,ffHACA NY 14851-9997 County: Tompkins
Lease; QUO000585107
property to potential buyers, and within 30 days of the end of the Lease term, showing the property to potential
tenants, shall be at the sole discretion of the Postal Service. In the event of emergency requiring access
after-hours, Landlord must call the Postal Inspection Service at 1-877-876-2455 Option 2 "Emergency" prior to
entry. When entering or performing any repair or other work in the Premises, Landlord, its agents, employees
and/or contractors (i) shall identify themselves to the Postal Service's personnel immediately upon entering the
Premises, and must be accompanied by a Postal Service employee when not in public areas; and (ii) shall use
commercially reasonable, good faith efforts not to materially or unreasonably affect, interrupt or interfere with the
Postal Service's use, business or operations on the Premises or obstruct the visibility of or access to the Premises.
In the event of substantial, material or unreasonable interference, the Rent and other payments and
reimbursements due or to become due under this Lease all shall be equitably abated if the interference continues
for more than 24 hours. In the event such interference shall continue for longer than 6 months, the Postal Service
shall have the option to terminate this Lease or continue to operate with rent abatement until the interruption
ceases. Notwithstanding the foregoing, in the event that, as a result of any substantial, material or unreasonable
interference, the Postal Service is legally required to move any of its business operations, then Landlord shall
reimburse the Postal Service for the actual reasonable costs incurred in connection with such move.
1. Calendar Days. All references herein to"days" shall mean calendar days unless specified to the contrary.
m. Counterparts.This Lease may be executed in counterparts, which together shall constitute a single instrument.
The parties agree that if the signature(s)of either Landlord or the Postal Service on this Lease or any amendments,
addendum , assignments, or other records associated with this Lease is not an original but is a digitally encrypted
signature, then such digitally encrypted signature shall be as enforceable, valid and binding as, and the legal
equivalent to, an authentic original wet signature penned manually by its signatory.
n. Notices.Whenever a provision is made under this Lease for any demand, notice or declaration of any kind, or
where it is deemed desirable or necessary by either party to give or serve any such notice, demand or declaration
to the other party, it shall be in writing and sent by (I) United States mail, certified, postage prepaid or(III) by Priority
Mail Express (overnight), in each instance to the addresses set forth below or at such address as either party may
advise the other from time to time. Notices to the Postal Service shall also include the identification of the facility
name and location in such notices. Notices given hereunder shall be deemed to have been given three(3) days
after the date of certified mailing or the next business day after being sent by Priority Mail Express (regardless
whether the addressee rejects, refuses to sign, or fails to pick up such delivery).
To Landlord at, TOWN OF ITHACA
215 N TIOGA ST, ITHACA, NY 14850-4357
With a copy to:
To the Postal Service at: Contracting Officer
PO Box 27497, GREENSBORO, NC 27498-1103
With a copy to: Postmaster/Installation Head
213 TIOGA ST, ITHACA, NY 14851-9997
August M7 Vage 14 of 14
UNITED S T/17'ES
FIOST13L SERVICE,, General Conditions to USPS Lease
FadIfty Name/Location
ITHACA-DOWNTOWN STATION(35,4160.003)
213TIOGA ST,ITHACA NY 14851-9997 County, Tompkins
Lease: QUO000585107
Anything in the foregoing to the contrary notwithstanding, in the case of multiple persons or entities comprising
Landlord under this Lease or in the case of a person or entity acting as an agent of Landlord, notices to any one of
such multiple persons or entities or notice to an agent of Landlord shall be deemed to be sufficient notice to
Landlord
o. Prompt Payment Act.The provisions of the Prompt Payment Act, 31 U.S.C. § 3901 shall apply to all Postal
Service payment obligations under this Lease, including any interest or penalties for late payments,
p. Payment Offsets.As required by 31 U.S.C. 3716, the Postal Service participates in the Treasury Offset
Program of the Department of Treasury's Financial Management Service, Payments owed to Landlord from the
Postal Service under this Lease are subject to offset in whole or in part to for the Landlord's delinquent tax and
non-tax debts owed to the United States and the states and for delinquent child support payments,
q. Real Estate Conflict of Interest Certification.As condition to the effectiveness of this Lease, Landlord shall
complete and return the"Real Estate Conflict of Interest""form attached to this Lease at the time of Landlord's
execution and delivery of this Lease, If Landlord's certification in such form is false, or Landlord breaches the
certification and fails to notify the Postal Service Contracting Officer as provided therein, then the Postal Service
may (I)withhold rent and all other payments and reimbursements until Landlord remedies the misrepresentation or
the Postal Service waives such conflict of interest, (ii) terminate the Lease on a date set forth in the notice to
Landlord without penalty, or(iii)exercise any other remedy it may have for damages or injunctive relief, The Postal
Service may exercise any or all of the foregoing remedies.
11. FACILITIES NONDISCRIMINATION
a. By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees
any segregated facilities at any of its establishments, and that it does not and will not permit its employees to
perform services at any location under its control where segregated facilities are maintained,
b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by
Secretary of Labor rules, regulations, or orders issued under Executive Order 11246.
12. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS
The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in
the Postal Service's Supplying Principles and Practices, accessible at
httD'Habout usps,com/mamial.a/ /
�ap �t s�corn�,p_ g1Ea2g12,hn or by searching us�6�
Clause 1-5, Gratuities or Gifts (March 2006)
Clause 1-6, Contingent Fees (March 2006)
Clause 9-3, Davis-Bacon Act(March 2006)1
Clause 9-7, Equal Opportunity (March 2006)2
Clause 9-13, Affirmative Action for Handicapped Workers (March 2006)3
Clause 9-14, Affirmative Action for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible
Veterans(February 201 0)4
Clause B-25,Advertising of Contract Awards(February 2013)
Note: For purposes of applying the above standard clauses to this Lease, the terms"supplier,""contractor,"and
"lessor"are synonymous with "Landlord,"and the term "contract' is synonymous with"Lease."
August2017 Page 15 of 14
AUNITEDSTATES
NPOSTAL SERVICE General Conditions to USPS Lease
Fadly Name/Location
ITHACA-DOWNTOWN STATION(354160-003)
213 TIOGA ST,ITHACA NY 14851-9997 County, Tompkins
Lease: QUO000585107
For premises with net interior space in excess of 6,500 F.
2 For leases aggregating payments of$10,000 or more,
3 For leases aggregating payments of$10,000 or more.
4 For leases aggregating payments of$25,000 or more.
August 2017 Page 16 of'14
AUUNI'TEDSTIATES
POSIML SERVICE, Maintenance Rider USPS Responsibility (Partial)
Fadity Name/Location
ITHACA-DOWNTOWN STATION(354160-003)
213 TIOGA ST, ITHACA NY 14851.9997 County: Tompkins
Lease, QUO000585107
j, To the extent that any maintenance, repairs or replacement of the above was required as a result of the
negligence of the Postal Service, in which event the portion of the costs of such maintenance, repairs or
replacement attributable to the negligence of the Postal Service shall be paid by the Postal Service,
4. Whenever the Landlord's obligation for maintenance, repaIr, or replacement arises under this Lease, Landlord
shall make all repairs promptly but in any event within the time period provided in the Postal Service's notice to
Landlord and submit photographs of the completed repair to the Postal Service at the address designated in
such notice provided by the Postal Service, If Landlord fails to make such repairs within the time period set forth
in the Postal Service's notice to Landlord (except when the repairs require more time than as provided in the
Postal Service's notice to Landlord and Landlord proposes another time period for completion acceptable to the
Postal Service), the Postal Service may (i) perform the maintenance, repair, or replacement(by contract or
otherwise) and recover the cost plus any administrative cost and/or interest, from the Landlord and from Rent
and other payments and reimbursements due or to become due to Landlord, or(0)terminate the Lease on a
date specified by the Postal Service in the notice to Landlord. Notwithstanding the foregoing, in the event of an
emergency (as reasonably determined by the Postal Service), the Postal Service may give Landlord such
shorter notice as is practicable under the circumstances, and if Landlord fails to make such repairs immediately,
the Postal Service may immediately perform the maintenance, repair, or replacement(by contract or otherwise)
and recover the cost plus any administrative cost and/or interest, from the Landlord and from Rent and other
payments and reimbursements due or to become due to Landlord- The Postal Service may abate Rent and all
other payments due or to become due under this Lease for any period the Postal Service reasonably
determines all or any portion of the Premises, any common areas of the Property providing access to the
Premises, or parking areas are untenantable or unfit for the Postal Service's use. The remedies provided in this
section are non-exclusive and are in addition to any remedies available to the Postal Service under applicable
law.
5. In performing the maintenance, repair and/or replacement obligations under this Lease, Landlord must:
a. comply with applicable Occupational Safety and Health Standards, title 29 Code of Federal Regulations,
(CFR) (including but not limited to Parts 1910 and 1926), promulgated pursuant to the authority of the
Occupational Safety and Health Act of 1970(OSHA);
b, comply with any other applicable federal, state, or local regulation governing workplace safety to the extent
they are not in conflict with section (a)above; and
c, take all other proper precautions to protect the health and safety of
(1)any laborer or mechanic employed by the Landlord in performance of this Lease;
(2) Postal Service employees; and
(3)the public.
August M7 Page 2 off
A92UNITEDSTATES
- PO SSA L SERVICE Utilities, Service, & Equipment Rider
Facillly Name/Location
ff HACA-DOMTOWN STATION(354160-003)
213'n0GA ST,ITHACA NY 14651-9997 County: Tompkins
Lease: QUO000585107
1. HEAT
Under a prior lease between the parties, Landlord furnished a heating system. In accordance with the Maintenance
Rider of this Lease, Landlord has no obligation to maintain or replace the previously provided heating system. The
Postal Service pays all recurring fuel charges, provided such charges are separately metered, at Landlord's
expense, for the Postal Service's consumption,
2.AIR CONDITIONING
Under a prior lease between the parties, the Postal Service provided air conditioning equipment to serve the
Premises. In accordance with the Maintenance Rider of this Lease, Landlord has no obligation to maintain, repair
or replace the previously provided air conditioning equipment or related ductwork. The Postal Service pays all
recurring power charges for the air conditioning equipment, which are separately metered, for the Postal Service's
consumption. The Postal Service shall be responsible for and pay all costs of operation, maintenance, repair and
replacement.
3. ELECTRICITY,TELEPHONE AND INTERNET
Landlord must furnish and maintain an electrical system to the Premises in accordance with the Maintenance Rider,
Tenant is responsible for all wiring in the walls and within the Premises. The Postal Service will pay all recurring
electric bills, which are separately metered, at Landlord's expense, for the Postal Service's consumption. Tenant
shall provide and pay for telephone, Internet and telecommunications services
,LIGHT
Landlord is not responsible for providing light fixtures or light bulbs,
4.WATER
Landlord must furnish and maintain at all times throughout the Lease term a potable water system in good working
order, in accordance with the Maintenance Rider. The Postal Service pays for all recurring water charges, provided
such charges are separately metered, at Landlord's expense, for the Postal Service's consumption,
5. SEWER
Landlord must furnish and maintain at all times throughout the Lease term a sewer system in good working order,
in accordance with the Maintenance Rider. The Postal Service pays for all recurring sewer charges, provided such
charges are separately metered, at Landlord's expense" for the Postal Service's use.
6. RECYCLING AND TRASH
The Postal Service agrees to furnish recycling receptacles and pay for all recycling removal for the Premises.
Landlord agrees to furnish trash receptacles and pay for all trash removal for the Premises. Tenant shall place all
trash in the trash receptacles.
7. SNOW
Landlord agrees to furnish and pay for the timely (but in no event later than as required by local law) removal of
snow and ice from the roof and the sidewalks, driveway, parking and maneuvering areas, and any other areas
providing access to the Premises for use bX the Postal Service's employees, contractors, or the public including,
Au gust M7 Page 1 of 2
1 r
but not limited to, stairs, handicap access ramps, carrier ramps, etc.).
8.CUSTODIAL SERVICES
The Postal Service is responsible for cleaning the interior as described in the Maintenance Rider.
August 2017 Page 2 of 2
Subordination, Non-Disturbance and Attornment
Agreement: NOT
APPLICABLE
Facility Name/Location
13 TIOGA STT,,IITHACA NY 4NTOWN i851-ON 9Sg7fi0-003) County: Tompkins
Lease: QUO000585107
THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT(this"Agreement'),
dated this day of , 20 between the UNITED STATES POSTAL
SERVICE, an independent establishment of the Executive Branch of the government of the United States("the
Postal Service")and ("Mortgagee"), having its principal place of
business at
RECITALS:
A. The Postal Service is the tenant under that certain lease executed between the Postal Service and
("Landlord")dated [as amended by
dated as of 1 Qthe lease and all amendments
thereto are] hereinafter referred to as the"Lease"), covering all or a portion of property legally described in
Schedule A attached hereto and made a part hereof(the"Property").
B. Mortgagee has made a loan (the"Loan")to Landlord which is secured, in part, by the lien of a mortgage
and an assignment of leases and rents, each executed and delivered by Landlord to Mortgagee encumbering the
Property(collectively, the"Mortgage").
NOW,THEREFORE, in consideration of the covenants contained herein and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Subordination. The Lease and all terms thereof, including, without limitation, any options to purchase,
rights of first refusal, and any similar rights, are and shall be subject and subordinate to the lien of the Mortgage,
and to all amendments, modification, replacements and extensions thereof, to the full extent of the principal,
interest,fees, expenses and all other amounts secured thereby.
2. Non-Disturbance. In the event of a foreclosure of the Mortgage, provided that at the time of the
commencement of any such action or proceeding the Postal Service shall not be in default under any of the terms
of the Lease beyond the expiration of any applicable notice or grace periods, Mortgagee agrees for itself and its
successor and assigns that it will not join the Postal Service in summary or foreclosure proceedings unless
applicable law requires Mortgagee to join all commercial occupants of the Property in such proceedings and then
such joinder shall be for notice purposes only and that the leasehold interest of the Postal Service under the Lease
shall not be extinguished or terminated by reason of such foreclosure, but rather the Lease shall continue in full
force and effect and Mortgagee shall recognize and accept the Postal Service as tenant under the Lease subject to
the terms and provision of the Lease. Nothing herein shall be construed as a waiver of the Postal Service's
sovereign immunity or as a consent or agreement by the Postal Service to subject itself to the jurisdiction of any
state or local governmental entity or court of law.
3.Attornment. Upon the conveyance of the Property by reason of the foreclosure of the Mortgage or the
acceptance of a deed or assignment in lieu of foreclosure or otherwise,the Lease shall not be terminated or
affected thereby as provided in this Agreement, and the Postal Service agrees to attorn to the transferee of the
August 2017 Page 1 of 5
Subordination, Non-Disturbance and Attornment
Agreement
Facility Name/Location
ITHACA-DOWNTOWN STATION(354160-003) n COu :
213 TIOGA ST,ITHACA NY 14851-9997 County:Tompkins
Lease: Q00000585107
Property(the"Transferee")as the landlord under the Lease and the Transferee shall accept such attornment;
provided, however, if requested by Transferee, the Postal Service shall execute a new lease with the Transferee,
for a term equal to the remaining term of the Lease and otherwise containing the same provisions and covenants
and in form acceptable to the Postal Service.
4. Notice to Mortgagee. Prior to terminating the Lease due to a default by Landlord thereunder,the Postal
Service agrees to notify Mortgagee of such default in writing and give Mortgagee the opportunity to cure such
default within thirty(30)days of Mortgagee's receipt of such notice, or if such default cannot reasonably be cured
Within such thirty(30)day period, Mortgagee shall have such longer time as may be necessary to cure the default
provided that Mortgagee commences the cure within such period and diligently pursues the cure thereafter, but not
to exceed sixty(60)days after Mortgagee's receipt of the notice.
5. Notices.All notices or other written communications hereunder shall be deemed to have been properly
given if delivered in accordance with the delivery methods under the Lease, addressed to the Postal Service at the
addressed identified in the Lease and addressed to Mortgagee at the address identified above.
6. Successors and Assigns.This Agreement shall be binding upon and inure to the benefit of the respective
heirs, personal representatives, successors and assigns of the parties hereto.
7. No Oral Modifications. This Agreement can be modified only in writing duly executed by both parties.
8. Choice of Law. This Agreement shall be governed and interpreted in accordance with Federal Law,
however if there is no applicable Federal law then the law of the state where the Premises are located shall be
applied.Venue shall lie only in the Federal courts.
9. Duplicated Originals: Counterparts.This Agreement may be executed in any number of duplicate
originals and each duplicate original shall be deemed to be an original.This Agreement may be executed in several
counterparts, each of which counterparts shall be deemed an original instrument and all of which together shall
constitute a single Agreement. The failure of any party hereto to execute this Agreement, or any counterpart hereof,
shall not relieve the other signatories from their obligations hereunder.
[Signature Page Follows]
August 2017 Page 2 of 5
Subordination, Non-Disturbance and Affornment
Agreement
Facility Name/Location
ITHACA-DOWNTOWN STATION(3-5416D-003)
213 710GA ST,ITHACA NY 14851-9997 County: Tompkins
Lease: QUO000585107
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and the year first above
written.
MORTGAGEE:
BY:
NAME:
TITLE:
Subscribed and Sworn to before me, a notary public, in and for County, State
of this day of
Notary Public
My commission expires
POSTAL SERVICE:
UNITED STATES POSTAL SERVICE
BY:
NAME:
TITLE:
August 2017 Page 3 of 5
Subordination, Non-Disturbance and Attornment
Agreement
Facility Name/Location
ITHACA-DOWNTOWN STATION(354160-003) County:
213 TIOGA ST,ITHACA NY 14851-9997 Tompkins
Lease: Q00000585107
Subscribed and Sworn to before me, a notary public, in and for County, State
of this day of
Notary Public
My commission expires
August 2017 Page 4 of 5
Subordination, Non-Disturbance and Attornment
Agreement
Facility Name/Location
ITHACA-DOWNTOWN STATION(354160-003) County: Tompkins
213 TIOGA ST,ITHACA NY 14851-9997 ty TOm p
Lease: QUO000585107
SCHEDULE A
(to SNDA)
LEGAL DESCRIPTION
A portion of a certain parcel of land and a portion of the improvements thereon located at 213 North Tioga Street
and in the City of Ithaca, County of Tompkins, and State of New York as more fully described below:
Beginning at the point of intersection of the south line of East Buffalo Street with the east line of North Tioga Street
in said City, marked by a drill hole on concrete,which point of beginning is located South 44 degrees 13'58"East a
distance of 87.50 feet from a street monument at the intersection of the north line of East Buffalo Street with the
west line of North Tioga Street as shown on the survey map hereinafter referred to;
Thence North 87 degrees 47'30" East along the south line of East Buffalo Street a distance of 250.05 feet to the
point of intersection of the south line of East Buffalo Street with the west line of North Aurora Street in said City
marked by a drill hole on concrete,which point is located South 09 degrees 00'20"West a distance of 66.27 feet
from a street monument at the intersection of the north line of East Buffalo Street with the west line of North Aurora
Street;
Thence South 02 degrees 18'30" East along the west line of North Aurora Street a distance of 132.03 feet to a
point,which point is located North 15 degrees 46'48" East distance of 0.29 feet from an iron pin found, and which
point is at the northeasterly corner of premises of the City of Ithaca(Liber 553 of Deeds at Page 1031);
Thence South 87 degrees 40'30"West along the northerly line of said premises of the City of Ithaca a distance of
250.12 feet to a point in the east line of North Tioga Street marked by a drill hole on concrete;
Thence North 02 degrees 16'33"West along the east line of North Tioga Street a distance of 132.54 feet to the
point or place of beginning.
August 2017 Page 5 of 5
State of New York
County of Tompkins
On this 131h day of April 2021,before me, the undersigned, a Notary Public in and for the State,
personally appeared Rod Howe, Town Supervisor, personally known to me, who being by me
duly sworn, did depose and say that he is the Town Supervisor of the Town of Ithaca, authorized
by the Town Board of the Town of Ithaca, the organization described in and whose name is
subscribed to the annexed Lease Agreement(Agreement), and that by his signature on the
Agreement, executed the Agreement on behalf and under the authority of the Town Board of the
Town of Ithaca.
Paulette Rosa, Town Clerk
Notary
Item 05
MEETING OF THE ITHACA TOWN BOARD
Monday, April 12, 2021
TB Resolution 2021 -xxx: Setting a public hearing regarding "A Local Law Amending
Chapter 271 of the Town of Ithaca Code Titled "Zoning: Special Land Use Districts" To
Revise Uses and Other Requirements in Chamber of Commerce Planned Development
Zone"
Resolved, that the Town Board of the Town of Ithaca will hold a public hearing on May10, 2021
at 5:30 p.m. to hear all interested parties on the proposed local law entitled "A Local Law
Amending Chapter 271 of the Town of Ithaca Code Titled"Zoning: Special Land Use Districts"
To Revise Uses and Other Requirements in Chamber of Commerce Planned Development Zone"
Moved: Seconded:
Vote:
March 11, 2021
Dear Members of the Town Board,
I am currently under purchase agreement for 904 E. Shore Drive (Chamber of Commerce
building). I am requesting and hoping to receive your approval to modify the Chamber of
Commerce Planning Development Zone (PDZ) No. 5. As the prospective buyer, my short-term
goal would be to continue to utilize the property for office use. Wherein I do not have a
specific tenant at this time, I'd like to offer the space to individuals or an organization that
would utilize the building for professional office use, including a medical, dental, or wellness
clinic/office.
The current language in PDZ No. 5 restricts the professional office use to occupancy by only
non-profit entities, so I would like to request that the PDZ be modified to remove that
restriction.
Additionally, while there are no plans on the horizon beyond the request outlined above, I
recognize the location's potential. I grew up in Ithaca and still spend my summers on the lake,
so in my opinion, it doesn't get much better. In the future, I'd anticipate and look forward to
working in cooperation with the Town of Ithaca for a long-term plan that is both suitable and
desirable for this location.
Regards, 4u-
StevenAa,-X,
Wells
TOWN OF ITHACA
LOCAL LAW NO. OF THE YEAR 2021
A LOCAL LAW AMENDING CHAPTER 271 OF THE TOWN OF ITHACA CODE,
TITLED "ZONING: SPECIAL LAND USE DISTRICTS," TO REVISE USES AND OTHER
REQUIREMENTS IN CHAMBER OF COMMERCE PLANNED DEVELOPMENT ZONE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 271 (Zoning: Special Land Use Districts) of the Town of
Ithaca Code, Section 271-7, titled"Planned Development Zone No. 5 (Limited Mixed
Use, Chamber of Commerce)", is amended by changing its title to "Planned Development
Zone No. 5 (Limited Mixed Use)."
Section 2. Chapter 271 (Zoning: Special Land Use Districts) of the Town of
Ithaca Code, Section 271-7, titled"Planned Development Zone No. 5 (Limited Mixed
Use, Chamber of Commerce)", Subsections B through F are deleted in their entirety and
replaced with new Subsections B through G reading as follows:
`B. The uses and structures permitted in Planned Development Zone No. 5 are:
(1) Any use permitted in a Medium Density Residential Zone; and
(2) Professional,business, and administrative offices, including medical, dental,
and health and wellness practices.
C. The following uses are permitted in Planned Development Zone No. 5,but only
upon receipt of a special permit for same from the Planning Board in
accordance with the procedures set forth in Ithaca Town Code Chapter 270,
Zoning:
(1) Restaurant.
D. The following accessory uses and structures are permitted in Planned
Development Zone No. 5:
(1) Signs, subject to the provisions in Subsection E below.
E. Any use in this zone shall be governed by all of the requirements, including
parking, side yards, setbacks, building coverage, accessory uses, and similar
requirements (except for permitted uses and structures which shall be only as set
forth above) relating to a Medium Density Residential Zone. Signs shall be
governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In
addition to the provisions that apply to all signs, the specific provisions
applicable to signs located in the Commercial Zones shall apply.
1
F. In addition to the requirements and restrictions imposed above, there shall be no
new construction in this Planned Development Zone unless and until all of the
requirements of Ithaca Town Code Chapter 270, Zoning have been complied
with and, in addition, the following requirements to the extent not required by
other provisions of Ithaca Town Code Chapter 270, Zoning:
(1) No building permit shall be issued for a building or structure within Planned
Development Zone No. 5, nor shall any existing building or structure in
such Zone be changed, unless the proposed building or structure is in
accordance with a site plan approved by the Planning Board, or with a
modified site plan approved by the Planning Board(where Article XXIII
requires Planning Board approval for modifications),pursuant to the
provisions of Article XXIII and other applicable provisions of Chapter 270.
G. In addition to the requirements and restrictions set forth above, occupancy and
use of the premises shall be further limited as follows:
(1) No activities will be conducted in said Planned Development Zone which
will cause disturbing noise, odors, or glare to any adjacent landowners."
Section 3. Chapter 271 (Zoning: Special Land Use Districts) of the Town of
Ithaca Code, Section 271-7, titled "Planned Development Zone No. 5 (Limited Mixed
Use, Chamber of Commerce)", is amended by re-lettering Subsections G and H to H and
1, respectively.
Section 4. In the event that any portion of this law is declared invalid by a court
of competent jurisdiction, the validity of the remaining portions shall not be affected by
such declaration of invalidity.
Section 5. This local law shall take effect immediately upon its filing with the
New York Secretary of State.
2
The following Code does not display images or complicated formatting. Codes should be viewed online. This
tool is only meant for editing.
§ 271-7 Planned Development Zone No. 5 (Limited Mixed Use, Chin Chimib-er of "-ammeree).
[Adopted 2-8-1988 by L.L. No. 2-1988; 4-11-1988 by L.L. No. 4-1988; 6-13-2005 by L.L. No. 6-2005; 5-
7-2012 by L.L. No. 4-2012]
A. Section 270-6 of the Town of Ithaca Code includes in the list of permissible districts a district
designated as "Special Land Use District No. 5 (Limited Mixed Use)," which district is now considered
and hereafter referred to as "Planned Development Zone No. 5."
B. The uses and structures permitted in Planned Development Zone No. 5 are:
(1) Any use permitted in a Medium Density Residential Zone; rzc
(2) Professional, I;;wsii)e ss, mci.._adfij )Jstra6ve A.....offices ii) dauding gjt� Jdcal , def] d, m ,.health anc#:....
.e..J i es 1�afl c dc�. .: fl4o e�:�-�u1 fflw u,:1 f+pfo-it efl+itie.s ("*4a)'aC4&c�...4W 1�u 4wr i��c��� ff� � t'sled i ns
and
(3) Visitors! 411 1=f'na9io:u:l....a:e n+er..oF 4*H fl+eefAer 1 441e.... ,a.,...:di+e4l r 411, , 'We ETeRAE4 a..:u
or
C h 1c�dlc:� uu�� a;u�� u�� l�� r�r� ��� �i zr� ll°d ur�ra�ci II�� y� I��laabl� flit� ��u�� N................ 5 (aa;t„o fly..:;11a 111 �.v� d��.�:.....
f Iz( 10 safi � Crc�rn the ll°I ur�r�uu:�:i Ifla� urn uu� accordance with the.:I EgcedUr s set iortlt:...:ii) Ithaca. Town
f.....c� .� C 61� u�ufl.... tl ..:o ..... ........;... .....
(.:1 IfZe: t Maur uut
.............................................................................................
16 �:".1c dlo yu Uses au)d str11CtLge,, � �...,.1 �rt� d � ✓ca �n1t e ngt Zone No. 5:....... ....
(1.,, ) Signs, subject to the provisions in Subsection ]), '„below.
". F Awd 4 u th .....:iefegeiff�:,..:u <:�-�,�,...s6-��-di-..:be i�.,��4-a%h-d-I 1+(,A....:i ifS;�i..Hilt 4,) cur e- ,Wu�.sisk� , ...Wi-fli .9....
u1: ,(1.....1:. 1 :,)F t1 , d?kHii D+,w0:k)pufuentzoul (174114+4..:N4.ixe i t,4,, ) Iaz ai-pfove*i:...by....
Ow 1"4a.:ff:. uu°, 1:1a� �=d-...afHj-SUbSec� -tly anhu , d w�l�...:(ha. p1 c�V 1...(�i 1d"dam � 1 �:1:
Any use in this zone shall be governed by all of the requirements, including parking, side yards,
setbacks,building coverage, accessory uses, and similar requirements (except for permitted(,wet"ankies
Uses Fund ,�truCt�;fl�es which shall be only as set forth above) relating to a Medium Density Residential
Zone. Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In
addition to the provisions that apply to all signs, the specific provisions applicable to signs located in the
Commercial Zones shall apply. [Amended 8-7-2017 by L.L. No. 12-20171
ll f�-11', In addition to the requirements and restrictions imposed above there shall be no new construction in this
Planned Development Zone unless and until all of the requirements of th-e Zening(`difance IIthaca,
Town„Code„ `1 k;ry 7( , ,!l! prig„have been complied with and, in addition, the following requirements
to the extent not required by other provisions of ��u ° Of4i H+H iee 11lc 1'cw�z C"� �ie ` � i�t�r7t�
(1) No building permit shall be issued for a building or structure within Planned Development Zone No. 5,
nor shall any existing building or structure in such Zone be changed, unless the proposed building or
structure is in accordance with a site plan approved by the Planning Board, or with a modified site plan
approved by the Planning Board(where Article XXIII requires Planning Board approval for
modifications),pursuant to the provisions of Article XXIII and other applicable provisions of Chapter
270.
(27 14m4d4ig 14e rect�mr fk+l ,eofi.s rueti+uii-, n� lu i � :....�,��u t :�::�..... C Bu z., w .,.. :. -..
;1 u 4W44ie's. :` Sr i-�emi4s....S1 1�...�:�. .....:u'-,,Srrr, -..:unto-tl , 1P1 is fig.1 +)m 1d...hil's i -m*)Ve 1...:ti .....
1e6 r."fl-.a 1or an-y...:itkmls....: )fl wilu-1l-R
A.:.fiy co:n4rue4ofl k,),:r.....wfn'eh-a per �.,i..grark*.i s1 F e:cwif4y wi+li-...a9-i apj4n~ �& �*Ws....eod `b;
In addition to the requirements and restrictions set forth above occupancy and use of the premises shall
be further limited as follows:
(1) 4) tatHkfifi pe"ff4 ,t"I be" xdbu�a.%d w4t...if-pla'R.Abh&d�4+V(,:, beeii to 4 , Boaf -...afid-..
apj= w ve4 by tl= J2 F fain-"..:.1 °)ar-d....sl ow4i q w,—A ..:1 kiu ,.....i a e `s to 14 ,ffla- F d NV44:.n1+dve./o u ,
E�p) ('41ee C'on4FL%; ,d-, affy 1�k: .:: ig+u ff-t1 4 F h*ve..:u Fiial. 24pa:rsof �,n'44oytx4 if) t4e.....
bra-rwifi#..at +1+y" of) t4x
No ak'4v tir,s....:wr4-4-be...e:01 4 1-ae4 4.1-4410 1�.anl'w'cl..:.1)a,va:gpi'i-e-i4 Z01' ....:1 twee,1+t1 :;....1 s.....o 41.34 a.: 1..
7..0 : A,n.
(4 1)No activities will be conducted in said Planned Development Zone which will cause disturbing noise,
odors, or glare to any adjacent landowners.
[Xi. The area encompassed and rezoned in accordance with this section to Planned Development Zone No. 5
is described on Schedule A to this section. The Official Zoning Map of the Town of Ithaca is hereby
amended by adding such zone at the location described.
11 V1. In the event that any portion of this section is declared invalid by a court of competent jurisdiction, the
validity of the remaining portions shall not be affected by such declaration of invalidity.
Schedule A
Description of Enlarged Planned Development Zone No. 5
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:
COMMENCING at a point in the center line of East Shore Drive, State Route 34, at or near the
northeast corner of premises of the City of Ithaca (Liber 204 of Deeds at Page 274) which premises
are known generally as the site of the Ithaca Youth Bureau; running thence northerly and along the
center line of East Shore Drive 60 feet to the southeast corner of lands reputedly of Leo M. Wells (see
379 Deeds 410); continuing northerly along the center line of East Shore Drive a distance of 79.5 feet
to the northeast corner of said Wells property and also the southeast corner of other premises
reputedly owned by Wells (see Liber 466 of Deeds at Page 230); continuing northerly along the center
line of East Shore Drive 117.3 feet to the northeast corner of said second Wells parcel; running thence
southwesterly and along premises now or formerly reputedly of Signorelli (590 Deeds 1128) a
distance of approximately 223 feet to the east line of premises now or formerly of the Lehigh Valley
Railroad Company; thence southwesterly along the easterly line of said railroad company a distance of
approximately 141 feet to a point; thence southerly running along the westerly line of the second
Wells parcel described above; the first Wells parcel described above and the premises now or formerly
of Bowman(see Book 585 of Deeds at Page 594) a total distance of 82.8 feet to a point, which point is
the southwest corner of said Bowman parcel; running thence easterly and in part along the City of
Ithaca Youth Bureau site and in total along the southerly line of said Bowman parcel a total distance
of 264 feet to the east line of East Shore Drive; continuing thence in the same direction a distance of
approximately 33 feet to the center line of East Shore Drive at the point or place of beginning.
Item 06
MEETING OF THE ITHACA TOWN BOARD
Monday, April 12, 2021
TB Resolution 2021 -xxx: Setting a public hearing regarding a local law entitled"A Local
Law to execute with Tompkins County an Agency Agreement to implement the
Community Housing Development Fund Program and to make a payment into the
Community Housing Development Fund"
Resolved, that the Town Board of the Town of Ithaca will hold a public hearing on May10, 2021
at 5:30 p.m. to hear all interested parties on the proposed local law entitled"A Local Law to
execute with Tompkins County an Agency Agreement to implement the Community Housing
Development Fund Program and to make a payment into the Community Housing Development
Fund" at which time all persons interested in the proposed local law shall be heard.
Moved: Seconded:
Vote:
TOWN OF ITHACA
LOCAL LAW NO. OF THE YEAR 2021
A LOCAL LAW AUTHORIZING TOWN OF ITHACA TO EXECUTE WITH
TOMPKINS COUNTY AN AGENCY AGREEMENT TO IMPLEMENT THE
COMMUNITY HOUSING DEVELOPMENT FUND PROGRAM AND TO MAKE A
PAYMENT INTO THE COMMUNITY HOUSING DEVELOPMENT FUND
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Authorization. This local law is adopted pursuant to: the New
York State Constitution, Article IX, § 2(c)(ii)(10) and New York Municipal Home Rule
Law §10(1)(ii)(a)(12),both of which grant towns the power to adopt local laws not
inconsistent with the New York State Constitution or any general law, relating to the
government,protection, order, conduct, safety, health and well-being of persons or
property in the town; the New York State Constitution, Article VIII, § 1, which allows
towns to make provision for the aid, care and support of the needy as may be authorized
by law, and which further allows towns and counties to join together pursuant to law in
providing any municipal facility, service, activity or undertaking which each of them has
the power to provide separately; and New York General Municipal Law § 119-o, which
authorizes towns and counties to enter into agreements for the performance among
themselves or one for the other of their respective functions,powers and duties on a
cooperative or contract basis.
Section 2. Purpose and Finding. The purpose of this local law is to
authorize the Town of Ithaca to execute with Tompkins County an Agency Agreement to
Implement the Community Housing Development Fund(CHDF) Program, and to pay
Tompkins County $50,000 pursuant to the Agreement, with such payment deposited into
the Community Housing Development Fund and used to increase the availability of
affordable housing units in the Town of Ithaca, as approved by the Town of Ithaca. The
Town Board finds that the development of new affordable housing units in the Town of
Ithaca and the rehabilitation and retention of units in the Town that might otherwise
become unaffordable or uninhabitable constitute a public purpose for which the Town
may expend funds.
Section 3. Partial Invalidity. In the event that any portion of this law is
declared invalid by a court of competent jurisdiction, the validity of the remaining
portions shall not be affected by such declaration of invalidity.
Section 4. Effective Date. This local law shall take effect immediately upon
its filing with the New York Secretary of State.
HF 2020-02-T2088-Town Ithaca Fiscal Agreement
Agency Agreement to Implement the
Community Housing Development Fund (CHDF) Program
between
the County of Tompkins and the Town of Ithaca
This AGREEMENT is made by and among the County of Tompkins, a municipal corporation of the
State of New York, having offices at 125 E. Court St., Ithaca, New York 14850, hereinafter referred to as
the "COUNTY," and the Town of Ithaca, a municipal corporation of the State of New York, having offices
at 215 North Tioga Street, Ithaca, NY 14850 hereinafter referred to as the "TOWN."
WITNESSETH
WHEREAS, the COUNTY authorized the Memorandum of Understanding ("MOU") among the
COUNTY, the City of Ithaca, and Cornell University with regard to the Housing Fund, by Resolution No.
2009-31, and continued the program with the name Community Housing Development Fund ("CHDF') by
Resolution No. 2015-154, and
WHEREAS, an MOU among the COUNTY, City of Ithaca, and Cornell University with regard to
continuing the Community Housing Development Fund was executed on November 10, 2015 describing
the terms of the program including the process for Associate Members to join the Fund, and
WHEREAS, an MOU Amendment among the COUNTY, City of Ithaca, and Cornell University with
regard to authorizing the acceptance of Community Housing Development Fund Associate Members and
defining the privileges and responsibilities of Associate Members was executed on November 18, 2020,
and
WHEREAS, the 2020 Amendment to 2015 MOU specifies that a commitment of$50,000 or more
will make a contributing organization eligible to appoint one associate member to the Program Oversight
Committee of the Community Housing Development Fund, upon execution of an agreement between the
associate member and Tompkins County, and the 2020 MOU Amendment clarifies that an associate
member may continue to serve on the Program Oversight Committee until all its funds are made
unavailable for allocation and that its voting privileges extend to project approvals and funding
recommendations but that associate members do not vote on matters of program governance, and
WHEREAS, the Program Oversight Committee has recommended that the County, as
administrator for the program, directly execute any contracts or documents necessary to formalize
associate membership in the Community Housing Development Fund so that the County may establish
the procedures and ability to invoice the associate member when a project is awarded, and
WHEREAS, the Town of Ithaca has committed $50,000 towards the Community Housing
Development Fund in 2021, which is sufficient for the Town to have associate membership status, and
Page 1 of 7
HF 2020-02-T2088-Town Ithaca Fiscal Agreement
WHEREAS,the COUNTY desires to serve as fiscal agent for the Community Housing Development
Fund and enter into an agreement with the TOWN to administer the TOWN's contribution to the
Community Housing Development Fund, and
WHEREAS,the TOWN desires to have the COUNTY serve as fiscal agent for the Community
Housing Development Fund and enter into an agreement with the COUNTY to accept and administer the
TOWN'S contributions to the Community Housing Development Fund to disburse funds to projects
authorized by the TOWN for assistance, and
WHEREAS,the COUNTY has the capability to serve as fiscal agent and disburse the Community
Housing Development Fund appropriately for the TOWN,
NOW,THEREFORE, in consideration of the promises, covenants, and agreements contained
herein, the parties agree as follows:
1. The COUNTY agrees to serve as fiscal agent for the Community Housing Development Fund
through County Resolution 2010-74.
2. While the TOWN's approval is required before its funds are disbursed,the TOWN agrees to
timely review and seriously consider funding recommendations from the Community Housing
Development Fund Program Oversight Committee in good faith and in the spirit of accomplishing the
purposes of the Fund.
3. The TOWN's funds will be considered allocated upon recommendation by the Community
Housing Development Fund Program Oversight Committee that they be used towards the funding award
for one or more projects that meet the Community Housing Development Fund's eligibility requirements
and terms and conditions,which eligibility requirements and terms and conditions shall be substantially
similar to those shown in Attachment 1. The TOWN's funds will no longer be considered allocated
should the TOWN either formally reject the use of its funds for said project(s) or should a project
recommended for TOWN funding fail to complete the requirements to draw award(s).
4. The COUNTY agrees to distribute all funding as recommended by the Community Housing
Development Fund Program Oversight Committee and approved by the TOWN and any other funding
entities.
5. The TOWN agrees to pay the COUNTY the sum of Fifty Thousand United States Dollars
($50,000.00)to be used to support the housing projects approved by the TOWN for use of Community
Housing Development Funds.
6. The COUNTY shall provide a written request for the TOWN's portion of an award's funds
once the recipient has completed all requirements to draw the award, including execution of the award
contract with the COUNTY and provision of a copy of the building permit for the project, and the TOWN
shall remit payment to the COUNTY within fourteen (14) days of said request for funds. The County
shall deposit the payment into its T20880000 account for the Community Housing Development Fund
and shall audit disbursements from this account in accordance with legal requirements.
7. Any funds provided pursuant to this Agreement that are not disbursed within two-hundred
seventy(270)days from the date of receipt of funds by the COUNTY shall be returned to the TOWN,
unless the Supervisor for the TOWN expressly authorizes in writing the COUNTY's continued retention
Page 2 of 7
HF 2020-02-T2088-Town Ithaca Fiscal Agreement
of such funds as fiscal agent for the Community Housing Development Fund.
8. The COUNTY will be responsible for establishing agreements with each of the Community
Housing Development Fund recipients and disbursing the funds in a timely manner and for purposes and
in a manner consistent with the relevant Notice of Funding Availability, and further agrees to provide
the TOWN documentation of disbursement of the funds when disbursement is made.
9. This Agreement maybe terminated for any reason upon thirty(30) days written notice by
one party to the other party. Each party shall honor the funding obligations of any agreements the
COUNTY made with Community Housing Development Fund recipients prior to the date of receipt of
notice of termination, but the COUNTY shall not enter into new obligations or agreements with
recipients after the COUNTY's receipt of notice of termination. Upon termination,the COUNTY shall
pay the TOWN any funds received on behalf of the TOWN, but not disbursed or contractually obligated
to a Community Housing Development Fund recipient.
10. The TOWN agrees to fully defend, indemnify and hold harmless the COUNTY, its elected
officials, public officers, employees, and agents from and against all claims, actions, suits, demands,
damages, liabilities, obligations, losses, settlements,judgments, costs and expenses (including without
limitation reasonable attorney's fees and costs),whether or not involving a third party claim, which any
or all of them may incur, resulting from bodily injuries (or death)to any person, damage (including loss
of use)to any property, other damages, or contamination of or adverse effects on the environment,
caused by the acts or omissions of TOWN or TOWN's employees, agents or sub-Consultants, in
connection with this Agreement. To the extent the COUNTY is negligent,TOWN's duty to indemnify the
COUNTY shall not extend to the proportion of loss attributable to the COUNTY's negligence.
11. The COUNTY agrees to fully defend, indemnify and hold harmless the TOWN, its elected
officials, public officers, employees, and agents from and against all claims, actions, suits, demands,
damages, liabilities, obligations, losses, settlements,judgments, costs and expenses (including without
limitation reasonable attorney's fees and costs),whether or not involving a third party claim, which any
or all of them may incur, resulting from bodily injuries (or death)to any person, damage (including loss
of use)to any property, other damages, or contamination of or adverse effects on the environment,
caused by the acts or omissions of COUNTY or COUNTY's employees, agents or sub-Consultants, in
connection with this Agreement. To the extent the TOWN is negligent, COUNTY's duty to indemnify the
TOWN shall not extend to the proportion of loss attributable to the TOWN's negligence.
12. This Agreement may be amended, modified, or reassigned only by written agreement of
both parties, and any obligations may not be waived orally by or between the COUNTY and TOWN.
13. The provisions of this Agreement shall be construed under the laws of the State of New York
without regard to, or the application of, New York State's choice of law provisions.
14. REGULATORY COMPLIANCE. The COUNTY and TOWN agree to comply with all Federal,
State, and local laws and regulations governing the provision of goods and services under this Contract.
To the extent that Federal funds are provided to the COUNTY and TOWN under this contract,the
COUNTY and TOWN agree they will comply with all applicable Federal laws and regulations, including
but not limited to those laws and regulations under which the Federal funds were authorized.
Further, the COUNTY and TOWN agree to comply with the County's Compliance Plan regarding Federal
and State fraud and abuse laws;the Compliance Plan can be viewed at www.tompkinscountynV.gov, or
Page 3 of 7
HF 2020-02-T2088-Town Ithaca Fiscal Agreement
a copy can be obtained by contacting the Tompkins County Department of Administration.
If the TOWN is a provider of healthcare services, it certifies that the TOWN and all employees, directors,
officers, and sub-contractors of the TOWN are not"excluded individuals or entities" under Federal
and/or New York State statutes, rules, and regulations. If the TOWN provides healthcare services,the
TOWN agrees to screen all employees, directors, officers, and sub-contractors on a monthly basis at the
New York State Office of Medicaid Inspector General website, and any other websites related to the
Excluded Parties List System required by Federal and/or New York State Medicare or Medicaid statutes,
rules, and regulations,to determine if any employee,director, officer, or sub-contractor is on or has
been added to the exclusion list.
The TOWN shall promptly notify the COUNTY if any employee, director, officer, or sub-contractor is on
or has been added to the exclusion list. The COUNTY reserves the right to immediately cancel this
contract, at no penalty to the COUNTY, if any employee, director, officer, or sub-contractor is on or has
been added to the exclusion list.
15. If the TOWN provides healthcare services,the TOWN and COUNTY shall maintain the
confidentiality of all client-identifying and protected information. Both PARTIES agree to notify the other
immediately in the event either learns of any unauthorized access, possession, distribution, or use of
any sensitive information relating to a client has occurred.
16. During the performance of this agreement,the TOWN and COUNTY agree that they will
not discriminate against any employee or applicant for employment because of age, ethnicity, creed,
race, color, sex, sexual orientation, perceived gender identity, national origin, marital status, disability,
military status, status as an ex-offender, arrest record, conviction record, and domestic violence victim
status, and will take affirmative action to ensure that they are afforded equal employment opportunities
without discrimination.The areas in which discrimination on the aforementioned grounds is prohibited
include, but are not be limited, to: recruitment, employment,job assignment, promotion, upgrading,
demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for
training or retraining, including apprenticeship and on-the-job training.
17. The TOWN certifies to the COUNTY that any applicable programs and services to be
provided and described herein are accessible to the handicapped in accordance with the provisions of
Section 504 of the Federal Rehabilitation Act of 1973.
18. The parties agree that as a condition of receipt of Federal funds, if any,that audits be
performed of the TOWN's records by auditors in compliance with the Federal Single Audit Act of 1984.
By signing this contract, COUNTY and TOWN attest to the fact that they have not been sanctioned or
excluded by any of the aforementioned entities.
19. The TOWN and COUNTY agree to maintain the minimum limits of insurance or as required
by law, whichever is greater as outlined in Attachment 2.The TOWN and COUNTY will provide the other
party Certificates of Insurance prior to the execution of this agreement.
Page 4 of 7
HF 2020-02-T2088-Town Ithaca Fiscal Agreement
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year
first above written.
COUNTY OF TOMPKINS:
DATE:
COUNTY of Tompkins
Jessi Spudis,Compliance Coordinator
TOWN OF ITHACA:
DATE:
TOWN of Ithaca
Rod Howe,Supervisor
Page 5 of 7
HF 2020-02-T2088-Town Ithaca Fiscal Agreement
ATTACHMENT 1
[2020 Notice of Funding Availability,pages 1-7, attached]
Page 6 of 7
Notice of Funding Availability (NOFA)
Tompkins County, New York
Community Housing Development Fund
2020
Open Funding Round
Applications Accepted until
Wednesday, September 23, 2020
L Statement of Intent
Tompkins County faces a growing deficit of housing of all types, with a particular need for new housing
units for low- to moderate-income households. This deficit requires the development of a substantial
number of new housing units and the rehabilitation and retention of units that might otherwise become
unaffordable or uninhabitable.
Tompkins County, Cornell University and the City of Ithaca(the current funding entities, with new
partners welcome) established the Community Housing Development Fund(CHDF, formerly known as
the Housing Fund) for the term of 2009-2015 to help communities, organizations, and housing developers
throughout Tompkins County to work towards this goal and to better respond to the diverse affordable
housing needs of residents. In 2015, the program was extended for an additional six years in order to
continue supporting projects that encourage sustainable, affordable living—projects that consider and
mitigate those costs that affect affordability of living in a housing unit, including the direct cost of the
housing unit, as well as transportation and energy costs. The program also seeks to support development
of mixed-income projects with a diversity of income levels among residents.
In 2020, the application process will continue. Applicants are strongly encouraged to carefully read
this NOFA in order to ensure that their applications meet the requirements. Maior points include:
• Award cap for applications Applicants responding to this NOFA may request a maximum of
$400,000 per project to construct new or to rehabilitate existing housing that will be owner-
occupied, and a maximum of$300,000 to construct new or to rehabilitate existing rental housing.
Rental projects pursuing 9% LIHTC funding may apply for up to $150,000. In rare instances the
fund may exceed this cap if project metrics dictate such a need. The maximum available per unit is
$40,000 for owner-occupied housing and$30,000 for rental housing for those earning 80% or less
AMI. The maximum available per unit is $30,000 for owner-occupied housing for those earning
8 1% to 120%AMI and$20,000 for rental housing for those earning 8 1%to 100% of AMI.
Applicants are encouraged to carefully reflect on their project funding needs; as demand for
available resources exceeds the funding available to this program, the maximum award amounts
may not be possible.
Project Type Maximum Per Unit Award Maximum Total Award
Rental Units up to 80%AMI $30,000 $300,000
Rental Units 80%AMI-100%AMI* $20,000* $300,000*
Rental Units Pursuing LIHTC $30,000 $150,000
For Sale Units up to 80%AMI $40,000 $400,000
For Sale Units 80%AMI-120%AMI* $30,000* $400,000*
*A majority of funded units must serve households at or under 80%AML See page 5.
2
• Application deadlines Applications in response to this NOFA may be submitted at any time until
September 23, 2020. The following table indicates the deadline for 2020.
Application Received By: Funding Contract Must Be
Recommendation By: Executed By**:
Wednesday, September 23, Friday, October 16, 2020 3 months from award
2020 notification
" Standard Contract Attached as Exhibit D Specific project scope will be added but
any other changes should be proposed at time of application.
II. OVERVIEW OF APPLICATION NOTE:PLEASE READ oNIN THIS NOFA FOR DETAILS OF EACH
COMPONENT)
Cover Page See p. 9 for items to include in cover page
Narrative Applicant Track Record(up to 2 pages)
(up to 16 pages in total, Development Budget & Project Leverage (up to 2 pages)
addressing each of the 8 Project Readiness & Financial Feasibility a to 2 pages)
evaluation criteria with up Long Term Affordability a to 2 pages)
to 2 pages each) Smart Growth Characteristics (up to 2 pages)
Green Building Practices (up to 2 pages)
Proect sign & Impact(up to 2 pages)
Pro ert Tax Impacts (up to 2 pages)
Attachments See p. 16 for full list and please use provided forms where requested for:
lease provide table of Development Budget—Provide .xlsx file with formulas
contents if attachments Source of Funds Chart
exceed 15 pages) Rental projects only: 10-year Cash Flow Analysis and Rental
Operating Budget—Provide .xlsx file with formulas
For sale projects only: For Sale Unit Pricing and For Sale Net Sales
Proceeds and Distribution of Funds—Provide .xlsx file with formulas
Unit Type Description
Application Certification Please ensure this page is signed and dated
and Execution
Submit one original application and a CD or USB drive containing an electronic PDF file of the written
application with all related attachments. If an applicant desires to provide separate electronic files of the
various sections of an application, please ensure that a single PDF file of the entire application is also
provided on the CD or USB drive. Also, if an application exceeds 30 pages and/or 20MB, an additional
abridged version is requested to be included on the CD or USB drive that is no more than 20 MB in size
and no more than 30 pages.
3
Applications must be delivered by mail or in person by 4:00 PM September 23, 2020 to:
Tompkins County Department of Planning and Sustainability
121 E. Court Street
Ithaca,New York 14850
Questions or Concerns—please email plannin &tompkins-co.org or call 607-274-5560.
III. Program Background
The Community Housing Development Fund is a locally funded and administered program that assists
with the development costs associated with residential and mixed-use real estate development projects.
Eligible uses of the fund include costs associated with purchasing or underwriting the direct cost of land,
construction costs, rehabilitation costs, or any other development cost that will reduce overall cost of the
housing units developed as long as these housing units remain permanently affordable.
IV. Community Housing Development Fund Overview
The Community Housing Development Fund is designed to ensure that newly constructed or rehabilitated
housing units remain affordable to successive buyers or renters. Permanent affordability is retained by
such measures as income qualifying prospective buyers or renters and limiting the sales price or rent of
units; separating the ownership of the land from the ownership of the housing unit, whereby only the
housing unit is purchased by the homebuyer, and by restricting the amount of equity that a homeowner
can take from the housing unit upon sale (Community Housing Trust model); or other equivalent
mechanisms. Eligible uses of the fund include the cost of land, construction, or any development costs
that will reduce the cost of new or newly rehabilitated non-student housing units developed,provided
these housing units remain permanently affordable by using a mechanism such as the Community
Housing Trust or another acceptable mechanism. Those applying to the CHDF are highly encouraged to
partner with an agency that is capable of serving as a housing trust.
The Community Housing Development Fund recognizes the value of producing and retaining mixed-
income housing that is available to a diversity of residents with a range of incomes, and that mixed-
income housing projects that include affordable units should be encouraged. Therefore, units for
households earning up to 120%AMI for owner-occupied housing and 100% AMI for rental housing are
eligible for program assistance,provided that:
• Projects with 9 or more units: a majority of the units for which an applicant seeks support are
reserved for those earning 80%AMI or less.
• Projects with 8 or fewer units: at least half of the units for which an applicant seeks support are
reserved for those earning 80%AMI or less.
Please also note that applications seeking assistance solely for affordable units in a mixed-income project
are eligible for funding on a per-unit basis (subject to project caps) of affordable housing provided,
regardless of how many market rate units are part of the overall project.
4
V. Eligible Applicants
Applications may be submitted by any of the following entities:
1) 501 (c)(3) not-for-profit organizations incorporated in New York State.
2) Tompkins County municipalities, including the City of Ithaca, towns and villages.
3) Public Housing Authorities that serve Tompkins County.
4) Private, for-profit developers.
VI. Terms and Conditions
Eligible Uses o Funds
Purchase or underwrite the direct cost of land, construction costs, rehabilitation costs, or any other
development cost that will reduce overall cost of the housing units developed as long as these housing
units remain permanently affordable. This may include expenses involved in the purchase of land such as
closing costs, title search, appraisal, and survey of the land, as well as construction costs. An appraised
value of the land needs to be completed.
At least half of the units for which assistance is requested must be intended for those earning 80% or less
AMI. Mixed income projects are encouraged, but Community Housing Development Fund awards
must only be allocated to the affordable housing units to be developed for those earning 120% or
less of AMI for owner-occupied units and 100% or less of AMI for rental units.
Funding Amount
Overall Project Funding Cap: A project may apply for a maximum of$400,000 to construct new or to
rehabilitate existing housing that will be owner-occupied, and a maximum of$300,000 to construct new
or to rehabilitate existing rental housing. Rental projects pursuing 9% LIHTC funding may apply for up to
$150,000.
Units' for Households earning 80% AMI or below: Within the overall project funding cap, a maximum
of$40,000 may be awarded per affordable unit for newly constructed or rehabilitated owner-occupied
housing and$30,000 per unit for newly constructed or rehabilitated rental units.
Units for Households earning 81-120% AMI: Within the overall project funding cap, a maximum of
$30,000 may be awarded per affordable unit for newly constructed or rehabilitated owner-occupied
housing for those earning up to 120%AMI. A maximum of$20,000 may be awarded per affordable unit
for newly constructed or rehabilitated rental housing for those earning up to 100%AMI.
Grant Term
Funds will be provided as a grant. Successful applicants must receive building permits prior to
drawing funds, and draw down grant funds as follows:
• For projects applying for low income housing tax credits: within one (1) year of notice of contract
execution, contingent upon award of low income housing tax credit award.
Non-traditional housing proposals(e.g. supportive housing group homes,single room occupancy residences, etc.)may
consider two bedrooms to equal one unit,if the unit does not provide a private bathroom and kitchen.For questions about
project design,please contact the Tompkins County Planning Department at 607-274-5560 or planning@tompkins-co.org.
5
• For all other(non-tax credit)projects: within one (1) year of contract execution.
If the units are not completed within 18 months of grant draw down, the awardee must repay the grant.
Applicants may request an extension by letter or email, explaining the reason why an extension is
needed, which may be granted at the discretion of the Program Oversight Committee.
VIL Minimum Eligibility Requirements
1. Location. Project must be located in Tompkins County.
2. Affordability. Project must include units of affordable housing for low and moderate-income
households, and may request support for affordable units for middle-income households, provided that
a majority of supported units are reserved for low and moderate-income households. Low and
moderate-income households are defined as households earning 80% or less of AMI for Tompkins
County. Middle-income households are defined as those earning 81-120% of AMI for homeowners
and 81-100% of AMI for renters in Tompkins County. Rent and utilities in an apartment or the
monthly mortgage payment and housing expenses for a homeowner should not exceed 35% of a
household's monthly income to be considered affordable housing.
Special Provision for Sustainable, Affordable Living Project
Consideration may be given to funding projects proposing housing expenses up to 40% of a
household's monthly income, if and only if, the project is deemed a SUSTAINABLE,
AFFORDABLE LIVING PROJECT-projects that consider and significantly mitigate the major costs
that affect affordability in addition to direct housing cost: transportation and energy. To acquire
funding at these higher percent of income rates, a proposal must exceed the standards set in the
selection criteria, for these areas and provide a comprehensive vision for developing sustainable,
affordable living.
Examples of project characteristics that might qualify for this designation would be projects located in
a Development Focus Area(as defined in Building Vibrant Communities in Tompkins County ... a
Development Focus Areas Strategy) or within 1/4 mile of a major employment or community service
center or a public transit stop, with a complete pedestrian walkway connection between the housing
units and the center or transit stop, and/or projects that achieve extremely high levels of energy
efficiency beyond the requirements of the New York State Energy Code. It will be necessary to
demonstrate how overall household expenses can be reduced to support the higher housing cost.
Projects must benefit low- and moderate-income households. Income limits are based on annually
updated limits set by HUD for Tompkins County (https:/tps://www.huduser.gov/portal/datasets/il.html).
As of the time of this NOFA's publication, limits were as follows:
2 hqp://www.tompkinscountya.gov/files/planning/documents/DevelopmentFocusAreasStrategy adopted 10-2-12.pdf
6 f
HUD FY2019 Income Limits for Tompkins County
Income Limit Income Limit
Household Size Income Limit
(80% AMI) (100% AMI) (120% AMI)
1 $47,000 $58,800 $70,560
2 $53,700 $67,200 $80,640
3 $60,400 $75,600 $90,720
4 $67,100 $83,900 $100,680
3. Long-Term Affordability. Applicant must be able to ensure that affordability is maintained and
monitored for a minimum of 49 years and that the affordability requirement is tied to the property
in case of a sale. See Long Term Affordability on page 12.
4. Site Control. Applicant must have site control in the form of title, an option to purchase, a long-term
lease, or other forms acceptable to the Program Oversight Committee.
5. Experience. Applicant must have a demonstrated track record in one or more of the following areas:
residential real estate development/construction(multi-unit experience where applicable), affordable
housing development and/or management. Proposals including supportive housing units (ex. units for
individuals who are homeless,have mental health diagnoses, have developmental disabilities, are
recovering from substance abuse, are re-entering the community from jail or prison, etc.) should
demonstrate that the applicant or applicant's project partner has experience providing supportive
services for the residents.
6. Community Plans. Project must demonstrate alignment with the goals of the Tompkins County
Comprehensive Plan' including smart growth/nodal development goals, and the adopted
Comprehensive Plan of the host community (if applicable).
7. Tompkins County Energy Recommendations for New Construction(2018). Project must demonstrate
consideration of higher energy efficiency standards and incorporation of renewable energy systems as
detailed in the Tompkins County Energy Recommendations for New Construction(Exhibit A).
Multifamily rental projects with five or more units may be eligible for assistance in considering
energy options in their design through the Tompkins County Business Energy Advisors (BEA)
Program(Exhibit B and information at http://tompkinscouniyny.gov/bea).
8. HousingStrategy. Project must demonstrate alignment with the Tompkins County Housing Strategy
(link in Exhibit C).
VIIL Application Process
Funds will be awarded to applicants on a competitive basis. The application process is as follows:
1)Notice of Funding Availability(NOFA) -posted at:
hqp://www.tompkinscountyLiy_gov//planning/housing-choices-housing fund and distributed to an email
list of interested parties by the Tompkins County Department of Planning and Sustainability
s http://tompkinscouniya.gov/files/compplan/documents/FINAL-March%2012-low%20res.pdf
7
HF 2020-02-T2088-Town Ithaca Fiscal Agreement
TYPE 1-2021Noconstr Tompkins County Insurance Requirements (Attachment 2)
A.) Workers' Compensation and New York Disability
Workers' Compensation
Statutory coverage complying with NYS Workers'Compensation Law Section 57 General Municipal Law Section 125,
TOWN and COUNTY must each submit one of the following:
CE-200-Certification of Attestation of Exemption form NYS Workers' Compensation and/or Disability Benefits
Coverage available at http://www.wcb.ny.gov/content/main/forms/AlIForms.2sp, OR
CE-105.2-Certification of NYS Workers'Compensation Insurance (U-26.3 f or State Insurance Fund version), OR
SI-12-Certificate of NYS Workers'Compensation Self Insurance, OR
GSI-105.2-Certificate of NYS Workers' Compensation Group Self-Insurance Employers' Liability-$1,000,000
Disability Benefits Requirements
Statutory coverage complying with NYS Workers'Compensation Law Section 220(8)under General Municipal Law
Section 125, TOWN and COUNTY must each submit one of the following:
CE-200-Certification of Attestation of Exemption from NYS Workers'Compensation and/or Disability Benefits
Coverage, OR
DB120.1 -Certificate of Disability Benefits Insurance, OR DB155-Certificate of Disability Self-Insurance
NOTE: Proof of NYS Workers'Compensation and NYS Disability Benefits must be provided on NYS forms as listed
above(complete information available at http://www.wcb.ny.gov/content/main/forms/AllForms.2sp or Bureau of
Compliance at(866)546-9322).
B.) Commercial General Liability including, contractual, independent contractors, products/completed operations
Each Occurrence $1,000,000
General Aggregate $2,000,000
Products/Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $1,000,000
Fire Damage Legal $50,000
Medical Expense $5,000
• General Aggregate shall apply separately to the project prescribed in the agreement.
• It is expressly understood and agreed by the parties that the insurance requirements specified above,
contemplate the use of occurrence liability forms.
• The TOWN will include the COUNTY and its officers, employees, agents and elected officials as Additional
Insured's on a primary and non-contributory basis.The COUNTY will include the TOWN and its officers,
employees, agents and elected officials as Additional Insured's on a primary and non-contributory
basis.
All insurance shall be written with insurance carriers licensed by the New York State Office of Financial Services and
have a Best's rating of A XI or better. Proof of insurance shall be provided on the Acord Certificate of Insurance,
Acord 25(2016/03), or insurance company certificate.All Certificates shall contain a sixty(60)day notice of
cancellation, non-renewal or material change.All Certificates must be signed by a licensed agent or authorized
representative of the insurance company. Broker signature is not acceptable. Certificates of Insurance shall be
submitted with the signed agreement.
Page 7 of 7
Item 07
MEETING OF THE ITHACA TOWN BOARD
Monday, April 12, 2021
TB Resolution 2021 -xxx: Setting a public hearing regarding a proposed Noise Permit for
LaTourelle and Firelight Camps seasonal events
Resolved, that the Town Board of the Town of Ithaca will hold a public hearing on May10, 2021
at 5:30 p.m. to hear all interested parties on the request for a Noise Permit submitted by
LaTourelle and Firelight Camps for Seasonal Events, at which time all persons interested in the
proposed local law shall be heard.
Moved: Seconded:
Vote:
March 29, 2021
TO: Paulette Rosa Town Clerk - Town of Ithaca
FR: Scott D. Wiggins Managing Director
RE: Noise Permit Applications for 2021
La Tourelle requests noise permits for the following events in 2021.
La Tourelle Wedding Events
Location of Event: La Tourelle Banquet Room Terrace
Day/Time/Duration of Event: Friday Night = Wedding Rehearsal Dinner
Saturday and Sunday Night = Wedding Reception
Friday, July 2 Saturday, July 3 Saturday, July 17
Saturday, July 31 Saturday, August 7 Saturday, August 14
Sunday, August 22 Sunday, August 29 Sunday, September 5
Saturday, September 18 Sunday, September 19 Saturday, October 2
Saturday, October 9
Estimated Attendance: 120 - 150 people
Description of Event: Wedding Rehearsal Dinners and Wedding Receptions
Description of Noise Expected: Amplified speakers from a DJ outside on the banquet room
terrace facing west towards Buttermilk Falls State Park from 6pm— 1 Opm.
Firelight Camps:
Location of Event: Firelight Camps Commons Space
Day/Time/Duration of Event: Every Tuesday evening from May — October 6 — 9pm
Estimated Attendance: 50 - 150 pax
Description of Event: Music Series at Firelight Camps — Open to the public
Description of Noise Expected: Majority of bands will be acoustic duos and trios with light
amplification. On occasion a five or six piece amplified rock band will perform. Small musical
groups will perform in the lobby tent. Larger groups will perform in the special events tent, facing
west towards Buttermilk Falls State Park from 6 — 9pm.
Location of Event: Firelight Camps Commons Space
Day/Time/Duration of Event:
Sunday, August 29 Saturday, September 11 Saturday, September 18
Saturday, September 25 Saturday, October 2 Saturday, October 9
Saturday, October 16
Estimated Attendance: 150 people
Description of Event: Wedding Receptions
Description of Noise Expected: Amplified DJ or 5 piece band will play from 6 — 1 Opm.
Amplified equipment will face west towards Buttermilk Falls State Park.
Contact Information:
Scott D. Wiggins - Managing Director La Tourelle — 1150 Danby Road— Ithaca, NY 14850
PH: 607-273-2734 Email: scott@latourelle.com
Item 08
MEETING OF THE ITHACA TOWN BOARD
Monday, April 12, 2021
TB Resolution 2021 - : Approval of and authorization to execute water easements
associated with the King Road East Water Main Extension Water Improvement Project
Whereas, pursuant to a resolution dated February 8, 2021, The Town of Ithaca Town Board has
determined it to be in the public interest to establish the Town of Ithaca King Road East Water
Main Extension Water Improvement Project, and
Whereas, the Town of Ithaca owns and maintains and plans to install municipal water
infrastructure, as part of the improvement project, on portions of property located along King
Road East, Troy Road, and Eldridge Circle that serves or facilitates the provision of municipal
water, and
Whereas, the proposed municipal water easements generally lie within the rights-of-way along
King Road East, Troy Road, and Eldridge Circle, now therefore be it
Resolved, that the Town Board of the Town of Ithaca approves the proposed Permanent Water
Easements and Rights-of-Way and authorizes the Town Supervisor to execute these documents,
subject to the approval of the Attorney for the Town.
Moved: Seconded:
Vote:
PERMANENT WATER EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this day of 2021 by and between Sun Bin Dong, of 176 King Road
East,New York 14850 (individually, severally and together herein,the"Grantor',which reference includes all successors,
heirs,and assignees of Grantor),and the Town of Ithaca,a municipal corporation of the State of New York, with offices at
215 North Tioga Street, Ithaca, New York 14850 ("Grantee" or the "Town", which reference includes all its successors,
assigns,employees and agents of the Town).
The Grantor is the owner of a certain parcel of land of.347 acres,identified as tax parcel number 44.-1-4.431,located in the
Town of Ithaca,Tompkins County,New York.
NOW 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,remise,relinquish and release unto the Town,its successors and assigns forever,an EASEMENT and RIGHT-
OF-WAY to excavate, install,lay, construct, operate, make observations of, inspect, maintain, alter, improve,repair,remove,
replace or change the size of water mains,laterals,collectors,lines and pipes,together with any and all necessary or desirable
related appurtenances, structures, and devices (severally and together, "Water System Improvements"), together with the
rights of free ingress and egress in, over, across, upon, and under the below-described parcels of land, such parcels being
the areas of the permanent easement and right-of-way herein granted,and including the right to trim or remove trees,shrubs
and other obstructions upon said parcels of land situate in the Town of Ithaca,County of Tompkins and State of New York,all
as more particularly bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND,situate in the Town of Ithaca,County of Tompkins and State of New York,
the same being a portion of property conveyed to Sun Bin Dong by Deed Instrument #2019-15472 and filed in the
Tompkins County Clerk's Office on 12/20/2019,and more particularly described as follows:
A strip of land of varying width along Troy Road and King Road East encompassing a portion of the existing water main
easement. More specifically, the southern and eastern boundary limits being the southern and eastern property
boundaries. (These limits also represent the approximate centerlines of King Road East and Troy Road.) The northern
boundary limit being a line parallel to the southern property boundary,40 feet North of the southern property boundary.
The western boundary limit shall be the western property boundary.
The above-described easement and right-of-way are more particularly shown on a map entitled"2021 KING ROAD EAST
WATER MAIN EXTENSION PROJECT, 176 TROY RD PROPOSED EASEMENT", dated 4/2/2021, made by K. Buhl,
Town of Ithaca,a copy of which map is intended to be filed concurrently herein.
AND FURTHER WITNESSETH:
1. Grantor covenants and agrees that no building or structures shall be constructed or placed within the aforesaid
Easement Area which will in any way interfere with complete access by the Town to excavate,install,lay,construct,operate,
make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any Water System
Improvements.
2. Grantor covenants and agrees that no trees or other plants will be planted or cultivated within or near the Easement
Area that may interfere with access to or use of the Easement Area by the Town,and that Grantor will not permit or conduct
any mining, excavation, construction, or blasting within said Easement Area without, in each case, a permit or written
approval from the Town.
3. Grantor covenants and agrees that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or
interferes with the ingress,egress,or use rights of the Town.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns forever, it being the
intent of the Grantor to have this easement and all related rights-of-way herein expressed run with the land forever, and be
permanent and perpetual.
1
AND THE TOWN DOES COVENANT that Grantee will at all times,when it enters the Premises for any purpose related
to the permanent easements as granted by this instrument,leave the Premises in a neat and presentable condition,returning
the Premises as nearly as practicable to its condition before such entry.
AND THE TOWN DOES FURTHER COVENANT AND AGREE that the Town shall, after installing any Water System
Improvements and as part of final project close out,delivery of 15 tons of stone to be provided by the Town.If weather or soil
conditions are such that,at the time of project close-out,delivery of stone is inadvisable in the reasonable estimation of the
Town, the delivery of the stone may be delayed for a reasonable period of time after weather or soil conditions become
favorable for such work. After the initial delivery of such stone, the obligation to install and maintain the improvements
hereby shall be at the sole cost and expense of Grantor, except that,as set forth above,if such stone driveway is materially
damaged by any act of the Grantee as relates to access or operations under this instrument, the Town shall restore that
portion of the driveway to a neat and presentable condition as reasonably matches its pre-entry condition as near as is then
practicable.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals the day and year first above
written.
SUN BIN DONG TOWN OF ITHACA
By: By:
Sun Bin Dong Rod Howe,Supervisor
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared
,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 individual(s), or the person
upon behalf of which the individual(s) acted,executed the instrument.
Notary Public
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared William D.
Goodman 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 individual(s),or the person upon
behalf of which the individual(s) acted,executed the instrument.
Notary Public
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PERMANENT WATER EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this day of , 2021 by and between Cassandra R. D'Amato and
Anthony R.D'Amato,spouses,of 237 King Road East,Ithaca New York 14850(individually,severally and together herein,
the"Grantor',which reference includes all successors,heirs,and assignees of Grantor),and the Town of Ithaca,a municipal
corporation of the State of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 ("Grantee" or the
"Town",which reference includes all its successors,assigns,employees and agents of the Town).
The Grantor is the owner of a certain parcel of land of 2.39 acres,identified as tax parcel number 45.-2-8,located in the Town
of Ithaca,Tompkins County,New York.
NOW 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,remise,relinquish and release unto the Town,its successors and assigns forever,an EASEMENT and RIGHT-
OF-WAY to excavate, install,lay, construct, operate, make observations of, inspect, maintain, alter, improve,repair, remove,
replace or change the size of water mains,laterals,collectors,lines and pipes,together with any and all necessary or desirable
related appurtenances, structures, and devices (severally and together, "Water System Improvements"), together with the
rights of free ingress and egress in, over, across, upon, and under the below-described parcels of land, such parcels being
the areas of the permanent easement and right-of-way herein granted,and including the right to trim or remove trees,shrubs
and other obstructions upon said parcels of land situate in the Town of Ithaca,County of Tompkins and State of New York,all
as more particularly bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND,situate in the Town of Ithaca,County of Tompkins and State of New York,
the same being a portion of property conveyed to Cassandra R.D'Amato and Anthony R.D'Amato by Deed Instrument
#2020-12027 and filed in the Tompkins County Clerk's Office on 11/30/2020,and more particularly described as follows:
A strip of land of varying width encompassing the proposed water main and appurtenances.More specifically,the
northern boundary limit being the northern property boundary(approximate centerline of King Road East) and the
eastern boundary limit being the eastern property boundary (approximate centerline of Troy Road).The southern and
western boundary limit being 10 feet south and west,respectively,of the as-installed water main.
The above-described easement and right-of-way are more particularly shown on a survey map entitled"2021 KING ROAD
EAST WATER MAIN EXTENSION PROJECT, 237 KING RD E PROPOSED EASEMENT",dated 4/2/2021,made by K.
Buhl,Town of Ithaca,a copy of which map is intended to be filed concurrently herein.
AND FURTHER WITNESSETH:
1. Grantor covenants and agrees that no building or structures shall be constructed or placed within the aforesaid
Easement Area which will in any way interfere with complete access by the Town to excavate,install,lay,construct,operate,
make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any Water System
Improvements.
2. Grantor covenants and agrees that no trees or other plants will be planted or cultivated within or near the Easement
Area that may interfere with access to or use of the Easement Area by the Town,and that Grantor will not permit or conduct
any mining, excavation, construction, or blasting within said Easement Area without, in each case, a permit or written
approval from the Town.
3. Grantor covenants and agrees that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or
interferes with the ingress,egress,or use rights of the Town.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns forever, it being the
intent of the Grantor to have this easement and all related rights-of-way herein expressed run with the land forever, and be
permanent and perpetual.
1
AND THE TOWN DOES COVENANT that Grantee will at all times,when it enters the Premises for any purpose related
to the permanent easements as granted by this instrument,leave the Premises in a neat and presentable condition,returning
the Premises as nearly as practicable to its condition before such entry.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals the day and year first above
written.
CASSANDRA R.D'AMATO and ANTHONY R.D'AMATO TOWN OF ITHACA
By: By:
Cassandra R. D'Amato Rod Howe,Supervisor
By:
Anthony R.D'Amato
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared
,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 individual(s), or the person
upon behalf of which the individual(s) acted,executed the instrument.
Notary Public
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared William D.
Goodman 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 individual(s),or the person upon
behalf of which the individual(s) acted,executed the instrument.
Notary Public
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PERMANENT WATER EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this day of ,2021 by and between James E. Semp,of 320 King Road
East, Ithaca New York 14850 (individually, severally and together herein, the "Grantor", which reference includes all
successors, heirs, and assignees of Grantor), and the Town of Ithaca, a municipal corporation of the State of New York,
with offices at 215 North Tioga Street, Ithaca, New York 14850 ("Grantee" or the "Town",which reference includes all its
successors,assigns,employees and agents of the Town).
The Grantor is the owner of a certain parcel of land of 9.11 acres, identified as tax parcel number 49.-1-30, located in the
Town of Ithaca,Tompkins County,New York.
NOW 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,remise,relinquish and release unto the Town,its successors and assigns forever,an EASEMENT and RIGHT-
OF-WAY to excavate, install,lay, construct, operate, make observations of, inspect, maintain, alter, improve,repair,remove,
replace or change the size of water mains,laterals,collectors,lines and pipes,together with any and all necessary or desirable
related appurtenances, structures, and devices (severally and together, "Water System Improvements"), together with the
rights of free ingress and egress in, over, across, upon, and under the below-described parcels of land, such parcels being
the areas of the permanent easement and right-of-way herein granted,and including the right to trim or remove trees,shrubs
and other obstructions upon said parcels of land situate in the Town of Ithaca,County of Tompkins and State of New York,all
as more particularly bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND,situate in the Town of Ithaca,County of Tompkins and State of New York,
the same being a portion of property conveyed to James E. Semp by Deed Instrument #482743-001 and filed in the
Tompkins County Clerk's Office on 11/30/2005,and more particularly described as follows:
A 20'wide strip of land extending from the southern property boundary (approximate centerline of King Road East) to
10'north of the water service valve,centered on the water service as installed.
The above-described easement and right-of-way are more particularly shown on a survey map entitled"2021 KING ROAD
EAST WATER MAIN EXTENSION PROJECT, 320 KING RD E PROPOSED EASEMENT",dated 4/2/2021,made by K.
Buhl,Town of Ithaca,a copy of which map is intended to be filed concurrently herein.
AND FURTHER WITNESSETH:
1. Grantor covenants and agrees that no building or structures shall be constructed or placed within the aforesaid
Easement Area which will in any way interfere with complete access by the Town to excavate,install,lay,construct,operate,
make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any Water System
Improvements.
2. Grantor covenants and agrees that no trees or other plants will be planted or cultivated within or near the Easement
Area that may interfere with access to or use of the Easement Area by the Town,and that Grantor will not permit or conduct
any mining, excavation, construction, or blasting within said Easement Area without, in each case, a permit or written
approval from the Town.
3. Grantor covenants and agrees that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or
interferes with the ingress,egress,or use rights of the Town.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns forever, it being the
intent of the Grantor to have this easement and all related rights-of-way herein expressed run with the land forever, and be
permanent and perpetual.
AND THE TOWN DOES COVENANT that Grantee will at all times,when it enters the Premises for any purpose related
to the permanent easements as granted by this instrument,leave the Premises in a neat and presentable condition,returning
the Premises as nearly as practicable to its condition before such entry.
1
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals the day and year first above
written.
JAMES E. SEMP TOWN OF ITHACA
By: By:
James E.Semp Rod Howe,Supervisor
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared
,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 individual(s), or the person
upon behalf of which the individual(s) acted,executed the instrument.
Notary Public
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared William D.
Goodman 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 individual(s),or the person upon
behalf of which the individual(s) acted,executed the instrument.
Notary Public
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PERMANENT WATER EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this day of ,2021 by and between John Barber,of Parcel No.46.-1-25
Troy Rd,Ithaca New York 14850 (individually, severally and together herein,the "Grantor", which reference includes all
successors, heirs, and assignees of Grantor), and the Town of Ithaca, a municipal corporation of the State of New York,
with offices at 215 North Tioga Street, Ithaca, New York 14850 ("Grantee" or the "Town",which reference includes all its
successors,assigns,employees and agents of the Town).
The Grantor is the owner of a certain parcel of land of.73 acres,identified as tax parcel number 46.-1-25,located in the Town
of Ithaca,Tompkins County,New York.
NOW WITNESSETH, that the Grantor, in consideration of One Thousand Nine Hundred Thirty Five and 00/100 Dollars
($1,935.00) 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,remise,relinquish and release unto the Town,its successors
and assigns forever, an EASEMENT and RIGHT-OF-WAY to excavate, install, lay, construct, operate, make observations of,
inspect,maintain,alter,improve,repair,remove,replace or change the size of water mains,laterals,collectors,lines and pipes,
together with any and all necessary or desirable related appurtenances,structures,and devices(severally and together,"Water
System Improvements"), together with the rights of free ingress and egress in, over, across, upon, and under the below-
described parcels of land, such parcels being the areas of the permanent easement and right-of-way herein granted, and
including the right to trim or remove trees,shrubs and other obstructions upon said parcels of land situate in the Town of Ithaca,
County of Tompkins and State of New York,all as more particularly bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND,situate in the Town of Ithaca,County of Tompkins and State of New York,
the same being a portion of property conveyed to John Barber by Deed Instrument #2019-04962 and filed in the
Tompkins County Clerk's Office on 5/13/2019,and more particularly described as follows:
Easement Area 1:
A strip of land of varying width,extending from the northern property boundary (approximate centerline of King
Road East) to the southern property boundary,encompassing the proposed water main and appurtenances.More
specifically,the western boundary limit being the western property boundary (approximate centerline of Troy Road)
and the eastern boundary limit being 10 feet east of the as-installed water main.The easement also includes a
contiguous area that encompasses the proposed fire hydrant spur.The boundaries of this area shall be measured as 10
feet from all sides of the as-laid fire hydrant spur and hydrant.
Easement Area 2:
A strip of land of varying width,extending from the eastern property boundary to the eastern boundary of easement
area 1,encompassing the proposed water main and appurtenances.More specifically,the northern boundary limit
being the northern property boundary(approximate centerline of King Road East)and the southern boundary limit
being 10 feet south of the as-installed water main.
The above-described easement and right-of-way are more particularly shown on a survey map entitled"2021 KING ROAD
EAST WATER MAIN EXTENSION PROJECT, 46.-1-25 TROY RD PROPOSED EASEMENT",dated 4/2/2021, made by
K.Buhl,Town of Ithaca,a copy of which map is intended to be filed concurrently herein.
AND FURTHER WITNESSETH:
1. Grantor covenants and agrees that no building or structures shall be constructed or placed within the aforesaid
Easement Area which will in any way interfere with complete access by the Town to excavate,install,lay,construct,operate,
make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any Water System
Improvements.
2. Grantor covenants and agrees that no trees or other plants will be planted or cultivated within or near the Easement
Area that may interfere with access to or use of the Easement Area by the Town,and that Grantor will not permit or conduct
any mining, excavation, construction, or blasting within said Easement Area without, in each case, a permit or written
approval from the Town.
1
3. Grantor covenants and agrees that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or
interferes with the ingress,egress,or use rights of the Town.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns forever, it being the
intent of the Grantor to have this easement and all related rights-of-way herein expressed run with the land forever, and be
permanent and perpetual.
AND THE TOWN DOES COVENANT that Grantee will at all times,when it enters the Premises for any purpose related
to the permanent easements as granted by this instrument,leave the Premises in a neat and presentable condition,returning
the Premises as nearly as practicable to its condition before such entry.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals the day and year first above
written.
JOHN BARBER TOWN OF ITHACA
By: By:
John Barber Rod Howe,Supervisor
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared
,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 individual(s), or the person
upon behalf of which the individual(s) acted,executed the instrument.
Notary Public
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared William D.
Goodman 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 individual(s),or the person upon
behalf of which the individual(s) acted,executed the instrument.
Notary Public
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PERMANENT WATER EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this day of ,2021 by and between Edward S.Buckler IV and Carlyn
S. Buckler, husband and wife, of 233 Troy Rd, Ithaca New York 14850 (individually, severally and together herein, the
"Grantor",which reference includes all successors, heirs, and assignees of Grantor), and the Town of Ithaca, a municipal
corporation of the State of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 ("Grantee" or the
"Town",which reference includes all its successors,assigns,employees and agents of the Town).
The Grantor is the owner of a certain parcel of land of 5.59 acres, identified as tax parcel number 46.-1-23, located in the
Town of Ithaca,Tompkins County,New York.
NOW 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,remise,relinquish and release unto the Town,its successors and assigns forever,an EASEMENT and RIGHT-
OF-WAY to excavate, install,lay, construct, operate, make observations of, inspect, maintain, alter, improve,repair,remove,
replace or change the size of water mains,laterals,collectors,lines and pipes,together with any and all necessary or desirable
related appurtenances, structures, and devices (severally and together, "Water System Improvements"), together with the
rights of free ingress and egress in, over, across, upon, and under the below-described parcels of land, such parcels being
the areas of the permanent easement and right-of-way herein granted,and including the right to trim or remove trees,shrubs
and other obstructions upon said parcels of land situate in the Town of Ithaca,County of Tompkins and State of New York,all
as more particularly bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND,situate in the Town of Ithaca,County of Tompkins and State of New York,
the same being a portion of property conveyed to Edward S. Buckler IV and Carlyn S. Buckler by Deed Instrument
#437090-001 and filed in the Tompkins County Clerk's Office on 8/1/2003 (the "Reimer Property"), and more
particularly described as follows:
A strip of land of varying width extending from the northern property boundary to the southern property boundary,
encompassing the proposed water main and appurtenances.More specifically,the western boundary limit being the
western property boundary (approximate centerline of Troy Road) and the eastern boundary limit being 10 feet east of
the as-installed water main.The easement also includes two contiguous areas that encompass the proposed fire
hydrant spurs.The boundaries of these areas shall be measured as 10 feet from all sides of the as-laid fire hydrant
spurs and hydrants.
The above-described easement and right-of-way are more particularly shown on a survey map entitled"2021 KING ROAD
EAST WATER MAIN EXTENSION PROJECT, 233 TROY RD PROPOSED EASEMENT", dated 4/2/2021, made by K.
Buhl,Town of Ithaca,a copy of which map is intended to be filed concurrently herein.
AND FURTHER WITNESSETH:
1. Grantor covenants and agrees that no building or structures shall be constructed or placed within the aforesaid
Easement Area which will in any way interfere with complete access by the Town to excavate,install,lay,construct,operate,
make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any Water System
Improvements.
2. Grantor covenants and agrees that no trees or other plants will be planted or cultivated within or near the Easement
Area that may interfere with access to or use of the Easement Area by the Town,and that Grantor will not permit or conduct
any mining, excavation, construction, or blasting within said Easement Area without, in each case, a permit or written
approval from the Town.
3. Grantor covenants and agrees that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or
interferes with the ingress,egress,or use rights of the Town.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns forever, it being the
intent of the Grantor to have this easement and all related rights-of-way herein expressed run with the land forever, and be
permanent and perpetual.
1
AND THE TOWN DOES COVENANT that Grantee will at all times,when it enters the Premises for any purpose related
to the permanent easements as granted by this instrument,leave the Premises in a neat and presentable condition,returning
the Premises as nearly as practicable to its condition before such entry.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals the day and year first above
written.
EDWARD S.BUCKLER IV and CARLYN S.BUCKLER TOWN OF ITHACA
By: By:
Edward S. Buckler IV Rod Howe,Supervisor
By:
Carlyn S.Buckler
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared
,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 individual(s), or the person
upon behalf of which the individual(s) acted,executed the instrument.
Notary Public
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared William D.
Goodman 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 individual(s),or the person upon
behalf of which the individual(s) acted,executed the instrument.
Notary Public
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PERMANENT WATER EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this day of ,2021 by and between The Nature Conservancy,of Parcel
No.46.-1-16.21 Troy Rd,Ithaca New York 14850(individually,severally and together herein,the"Grantor',which reference
includes all successors, heirs, and assignees of Grantor), and the Town of Ithaca, a municipal corporation of the State of
New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 ("Grantee" or the "Town", which reference
includes all its successors,assigns,employees and agents of the Town).
The Grantor is the owner of a certain parcel of land of 86.37 acres,identified as tax parcel number 46.-1-16.21,located in the
Town of Ithaca,Tompkins County,New York.
NOW 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,remise,relinquish and release unto the Town,its successors and assigns forever,an EASEMENT and RIGHT-
OF-WAY to excavate, install,lay, construct, operate, make observations of, inspect, maintain, alter, improve,repair,remove,
replace or change the size of water mains,laterals,collectors,lines and pipes,together with any and all necessary or desirable
related appurtenances, structures, and devices (severally and together, "Water System Improvements"), together with the
rights of free ingress and egress in, over, across, upon, and under the below-described parcels of land, such parcels being
the areas of the permanent easement and right-of-way herein granted,and including the right to trim or remove trees,shrubs
and other obstructions upon said parcels of land situate in the Town of Ithaca,County of Tompkins and State of New York,all
as more particularly bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND,situate in the Town of Ithaca,County of Tompkins and State of New York,
the same being a portion of property conveyed to The Nature Conservancy by Deed Instrument#007644-001 and filed
in the Tompkins County Clerk's Office on 3/2/1971,and more particularly described as follows:
A strip of land of varying width extending from the northern property boundary to 10 feet south of the as-installed
water main,encompassing the proposed water main and appurtenances.More specifically, the western boundary limit
being the western property boundary (approximate centerline of Troy Road) and the eastern boundary limit being 10
feet east of the as-installed water main.
The above-described easement and right-of-way are more particularly shown on a survey map entitled"2021 KING ROAD
EAST WATER MAIN EXTENSION PROJECT, 46.-1-16.21 TROY RD PROPOSED EASEMENT", dated 4/2/2021, made
by K.Buhl,Town of Ithaca,a copy of which map is intended to be filed concurrently herein.
AND FURTHER WITNESSETH:
1. Grantor covenants and agrees that no building or structures shall be constructed or placed within the aforesaid
Easement Area which will in any way interfere with complete access by the Town to excavate,install,lay,construct,operate,
make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any Water System
Improvements.
2. Grantor covenants and agrees that no trees or other plants will be planted or cultivated within or near the Easement
Area that may interfere with access to or use of the Easement Area by the Town,and that Grantor will not permit or conduct
any mining, excavation, construction, or blasting within said Easement Area without, in each case, a permit or written
approval from the Town.
3. Grantor covenants and agrees that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or
interferes with the ingress,egress,or use rights of the Town.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns forever, it being the
intent of the Grantor to have this easement and all related rights-of-way herein expressed run with the land forever, and be
permanent and perpetual.
1
AND THE TOWN DOES COVENANT that Grantee will at all times,when it enters the Premises for any purpose related
to the permanent easements as granted by this instrument,leave the Premises in a neat and presentable condition,returning
the Premises as nearly as practicable to its condition before such entry.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals the day and year first above
written.
THE NATURE CONSERVANCY TOWN OF ITHACA
By: By:
The Nature Conservancy Rod Howe,Supervisor
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared
,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 individual(s), or the person
upon behalf of which the individual(s) acted,executed the instrument.
Notary Public
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared William D.
Goodman 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 individual(s),or the person upon
behalf of which the individual(s) acted,executed the instrument.
Notary Public
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PERMANENT WATER EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this day of , 2021 by and between Julian Hochberg and Virginia
Brooks Hochberg, husband and wife, of Parcel No. 45.-2-14.21, King Road East, Ithaca New York 14850 (individually,
severally and together herein,the"Grantor",which reference includes all successors,heirs,and assignees of Grantor),and
the Town of Ithaca, a municipal corporation of the State of New York, with offices at 215 North Tioga Street, Ithaca, New
York 14850 ("Grantee" or the "Town", which reference includes all its successors, assigns, employees and agents of the
Town).
The Grantor is the owner of a certain parcel of land of 4.0 acres, identified as tax parcel number 45.-2-14.21, located in the
Town of Ithaca,Tompkins County,New York.
NOW 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,remise,relinquish and release unto the Town,its successors and assigns forever,an EASEMENT and RIGHT-
OF-WAY to excavate, install,lay, construct, operate, make observations of,inspect, maintain, alter, improve,repair,remove,
replace or change the size of water mains,laterals,collectors,lines and pipes,together with any and all necessary or desirable
related appurtenances, structures, and devices (severally and together, "Water System Improvements"), together with the
rights of free ingress and egress in, over, across, upon, and under the below-described parcels of land, such parcels being
the areas of the permanent easement and right-of-way herein granted,and including the right to trim or remove trees,shrubs
and other obstructions upon said parcels of land situate in the Town of Ithaca,County of Tompkins and State of New York,all
as more particularly bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND,situate in the Town of Ithaca,County of Tompkins and State of New York,
the same being a portion of property conveyed to Julian Hochberg and Virginia Brooks Hochberg by Deed Instrument
#077501-001 and filed in the Tompkins County Clerk's Office on 04/29/1994,and more particularly described as follows:
A strip of land of varying width extending from north property boundary to the southern property boundary,
encompassing the existing and proposed water main and appurtenances.More specifically,the eastern boundary limit
being the eastern property boundary(approximate centerline of troy road) and the western boundary limit being 10
feet west of the as-installed water main.The easement also includes a contiguous area that encompasses the existing
fire hydrant spur.The boundaries of this area shall be measured as 10 feet from all sides of the as-laid fire hydrant spur
and hydrant.
The above-described easement and right-of-way are more particularly shown on a survey map entitled"2021 KING ROAD
EAST WATER MAIN EXTENSION PROJECT, 45.-2-14.21 TROY RD PROPOSED EASEMENT", dated 4/2/2021, made
by K.Buhl,Town of Ithaca,a copy of which map is intended to be filed concurrently herein.
AND FURTHER WITNESSETH:
1. Grantor covenants and agrees that no building or structures shall be constructed or placed within the aforesaid
Easement Area which will in any way interfere with complete access by the Town to excavate,install,lay,construct,operate,
make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any Water System
Improvements.
2. Grantor covenants and agrees that no trees or other plants will be planted or cultivated within or near the Easement
Area that may interfere with access to or use of the Easement Area by the Town,and that Grantor will not permit or conduct
any mining, excavation, construction, or blasting within said Easement Area without, in each case, a permit or written
approval from the Town.
3. Grantor covenants and agrees that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or
interferes with the ingress,egress,or use rights of the Town.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns forever, it being the
intent of the Grantor to have this easement and all related rights-of-way herein expressed run with the land forever, and be
permanent and perpetual.
1
AND THE TOWN DOES COVENANT that Grantee will at all times,when it enters the Premises for any purpose related
to the permanent easements as granted by this instrument,leave the Premises in a neat and presentable condition,returning
the Premises as nearly as practicable to its condition before such entry.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals the day and year first above
written.
JULIAN HOCHBERG and VIRGINIA BROOKS HOCHBERG TOWN OF ITHACA
By: By:
Julian Hochberg Rod Howe,Supervisor
By:
Virginia Brooks Hochberg
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared
,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 individual(s), or the person
upon behalf of which the individual(s) acted,executed the instrument.
Notary Public
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared William D.
Goodman 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 individual(s),or the person upon
behalf of which the individual(s) acted,executed the instrument.
Notary Public
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PERMANENT WATER EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this day of , 2021 by and between John R. Barber and Vanessa N.
Bentley,both of 315 King Road East, Ithaca New York 14850 (individually, severally and together herein, the "Grantor',
which reference includes all successors,heirs,and assignees of Grantor),and the Town of Ithaca, a municipal corporation
of the State of New York,with offices at 215 North Tioga Street, Ithaca,New York 14850 ("Grantee" or the"Town",which
reference includes all its successors,assigns,employees and agents of the Town).
The Grantor is the owner of a certain parcel of land of 2.13 acres, identified as tax parcel number 46.1-2.2, located in the
Town of Ithaca,Tompkins County,New York.
NOW WITNESSETH, that the Grantor, in consideration of One Thousand Three Hundred Sixty Six and 00/100 Dollars
($1366.00) 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,remise,relinquish and release unto the Town,its successors
and assigns forever, an EASEMENT and RIGHT-OF-WAY to excavate, install, lay, construct, operate, make observations of,
inspect,maintain,alter,improve,repair,remove,replace or change the size of water mains,laterals,collectors,lines and pipes,
together with any and all necessary or desirable related appurtenances,structures,and devices(severally and together,"Water
System Improvements"), together with the rights of free ingress and egress in, over, across, upon, and under the below-
described parcels of land, such parcels being the areas of the permanent easement and right-of-way herein granted, and
including the right to trim or remove trees,shrubs and other obstructions upon said parcels of land situate in the Town of Ithaca,
County of Tompkins and State of New York,all as more particularly bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND,situate in the Town of Ithaca,County of Tompkins and State of New York,
the same being a portion of property conveyed to John R. Barber and Vanessa N. Bentley by Deed Instrument #2018-
04433 and filed in the Tompkins County Clerk's Office on 4/25/2018,and more particularly described as follows:
A strip of land of varying width extending from the western property boundary to the eastern property boundary,
encompassing the proposed water main and appurtenances.More specifically,the northern boundary limit being the
northern property boundary (approximate centerline of King Road East) and the southern boundary limit being 10 feet
south of the as-installed water main.The easement also includes a contiguous area that encompass the proposed
water services.The boundaries of these areas shall be measured as 10 feet from all sides of the as-laid water service
and curb valve.
The above-described easement and right-of-way are more particularly shown on a survey map entitled"2021 KING ROAD
EAST WATER MAIN EXTENSION PROJECT, 315 KING RD E PROPOSED EASEMENT",dated 4/2/2021,made by K.
Buhl,Town of Ithaca,a copy of which map is intended to be filed concurrently herein.
AND FURTHER WITNESSETH:
1. Grantor covenants and agrees that no building or structures shall be constructed or placed within the aforesaid
Easement Area which will in any way interfere with complete access by the Town to excavate,install,lay,construct,operate,
make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any Water System
Improvements.
2. Grantor covenants and agrees that no trees or other plants will be planted or cultivated within or near the Easement
Area that may interfere with access to or use of the Easement Area by the Town,and that Grantor will not permit or conduct
any mining, excavation, construction, or blasting within said Easement Area without, in each case, a permit or written
approval from the Town.
3. Grantor covenants and agrees that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or
interferes with the ingress,egress,or use rights of the Town.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns forever, it being the
intent of the Grantor to have this easement and all related rights-of-way herein expressed run with the land forever, and be
permanent and perpetual.
1
AND THE TOWN DOES COVENANT that Grantee will at all times,when it enters the Premises for any purpose related
to the permanent easements as granted by this instrument,leave the Premises in a neat and presentable condition,returning
the Premises as nearly as practicable to its condition before such entry.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals the day and year first above
written.
JOHN R.BARBER AND VANESSA N.BENTLEY TOWN OF ITHACA
By: By:
John R. Barber Rod Howe,Supervisor
By:
Vanessa N. Bentley
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared
,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 individual(s), or the person
upon behalf of which the individual(s) acted,executed the instrument.
Notary Public
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared William D.
Goodman 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 individual(s),or the person upon
behalf of which the individual(s) acted,executed the instrument.
Notary Public
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PERMANENT WATER EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this day of , 2021 by and between John R. Barber and Vanessa N.
Bentley,both of 317 King Road East, Ithaca New York 14850 (individually, severally and together herein, the "Grantor',
which reference includes all successors,heirs,and assignees of Grantor),and the Town of Ithaca, a municipal corporation
of the State of New York,with offices at 215 North Tioga Street, Ithaca,New York 14850 ("Grantee" or the"Town",which
reference includes all its successors,assigns,employees and agents of the Town).
The Grantor is the owner of a certain parcel of land of 3.68 acres,identified as tax parcel number 46.-1-2.3,located in the
Town of Ithaca,Tompkins County,New York.
NOW WITNESSETH,that the Grantor,in consideration of One Hundred Ninety One and 00/100 Dollars($191.00)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,remise,relinquish and release unto the Town,its successors and assigns forever,an
EASEMENT and RIGHT-OF-WAY to excavate, install,lay, construct, operate, make observations of, inspect, maintain, alter,
improve,repair,remove,replace or change the size of water mains,laterals,collectors,lines and pipes,together with any and
all necessary or desirable related appurtenances, structures, and devices (severally and together, "Water System
Improvements"),together with the rights of free ingress and egress in, over, across, upon, and under the below-described
parcels of land,such parcels being the areas of the permanent easement and right-of-way herein granted,and including the
right to trim or remove trees,shrubs and other obstructions upon said parcels of land situate in the Town of Ithaca,County of
Tompkins and State of New York,all as more particularly bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND,situate in the Town of Ithaca,County of Tompkins and State of New York,
the same being a portion of property conveyed to John R. Barber and Vanessa N. Bentley by Deed Instrument #2015-
10087 and filed in the Tompkins County Clerk's Office on 8/27/2015,and more particularly described as follows:
A strip of land of varying width extending from the western property boundary to the eastern property boundary,
encompassing the proposed water main and appurtenances.More specifically,the northern boundary limit being the
northern property boundary (approximate centerline of King Road East) and the southern boundary limit being 10 feet
south of the as-installed water main.The easement also includes all contiguous areas that encompass the proposed
water service.The boundaries of this area shall be measured as 10 feet from all sides of the as-laid water service and
curb valve.
The above-described easement and right-of-way are more particularly shown on a survey map entitled"2021 KING ROAD
EAST WATER MAIN EXTENSION PROJECT, 317 KING RD E PROPOSED EASEMENT",dated 4/2/2021,made by K.
Buhl,Town of Ithaca,a copy of which map is intended to be filed concurrently herein.
AND FURTHER WITNESSETH:
1. Grantor covenants and agrees that no building or structures shall be constructed or placed within the aforesaid
Easement Area which will in any way interfere with complete access by the Town to excavate,install,lay,construct,operate,
make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any Water System
Improvements.
2. Grantor covenants and agrees that no trees or other plants will be planted or cultivated within or near the Easement
Area that may interfere with access to or use of the Easement Area by the Town,and that Grantor will not permit or conduct
any mining, excavation, construction, or blasting within said Easement Area without, in each case, a permit or written
approval from the Town.
3. Grantor covenants and agrees that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or
interferes with the ingress,egress,or use rights of the Town.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns forever, it being the
intent of the Grantor to have this easement and all related rights-of-way herein expressed run with the land forever, and be
permanent and perpetual.
1
AND THE TOWN DOES COVENANT that Grantee will at all times,when it enters the Premises for any purpose related
to the permanent easements as granted by this instrument,leave the Premises in a neat and presentable condition,returning
the Premises as nearly as practicable to its condition before such entry.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals the day and year first above
written.
John R.Barber and Vanessa N.Bentley TOWN OF ITHACA
By: By:
John R. Barber Rod Howe,Supervisor
By:
Vanessa N. Bentley
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared
,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 individual(s), or the person
upon behalf of which the individual(s) acted,executed the instrument.
Notary Public
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared William D.
Goodman 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 individual(s),or the person upon
behalf of which the individual(s) acted,executed the instrument.
Notary Public
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PERMANENT WATER EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this day of ,2021 by and between Michael J.Barber,of 323 King Road
East, Ithaca New York 14850 (individually, severally and together herein, the "Grantor", which reference includes all
successors, heirs, and assignees of Grantor), and the Town of Ithaca, a municipal corporation of the State of New York,
with offices at 215 North Tioga Street, Ithaca, New York 14850 ("Grantee" or the "Town",which reference includes all its
successors,assigns,employees and agents of the Town).
The Grantor is the owner of a certain parcel of land of 0.64 acres,identified as tax parcel number 46.-1-2.1,located in the
Town of Ithaca,Tompkins County,New York.
NOW WITNESSETH,that the Grantor,in consideration of Six Hundred and Sixty Seven and 00/100 Dollar($667.00)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,remise,relinquish and release unto the Town,its successors and assigns forever,an
EASEMENT and RIGHT-OF-WAY to excavate, install,lay, construct, operate, make observations of, inspect, maintain, alter,
improve,repair,remove,replace or change the size of water mains,laterals,collectors,lines and pipes,together with any and
all necessary or desirable related appurtenances, structures, and devices (severally and together, "Water System
Improvements"),together with the rights of free ingress and egress in, over, across, upon, and under the below-described
parcels of land,such parcels being the areas of the permanent easement and right-of-way herein granted,and including the
right to trim or remove trees,shrubs and other obstructions upon said parcels of land situate in the Town of Ithaca,County of
Tompkins and State of New York,all as more particularly bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND,situate in the Town of Ithaca,County of Tompkins and State of New York,
the same being a portion of property conveyed to Michael J. Barber by Deed Instrument#2021-00548 and filed in the
Tompkins County Clerk's Office on 01/19/2021 (the"Barber Property"),and more particularly described as follows:
A strip of land of varying width extending from the western property boundary to the eastern property boundary,
encompassing the proposed water main and appurtenances. More specifically, the northern boundary limit being the
northern property boundary (approximate centerline of king road east) and the southern boundary limit being 10 feet
south of the as-installed water main.The easement also includes a contiguous area that encompass the proposed water
service.The boundaries of this area shall be measured as 10 feet from all sides of the as-laid water service and curb valve.
The above-described easement and right-of-way are more particularly shown on a survey map entitled"2021 KING ROAD
EAST WATER MAIN EXTENSION PROJECT,323 KING RD E PROPOSED EASMENT",made by K.Buhl,Town of Ithaca,
dated 4/02/2021,a copy of which map is intended to be filed concurrently herein.
AND FURTHER WITNESSETH:
1. Grantor covenants and agrees that no building or structures shall be constructed or placed within the aforesaid
Easement Area which will in any way interfere with complete access by the Town to excavate,install,lay,construct,operate,
make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any Water System
Improvements.
2. Grantor covenants and agrees that no trees or other plants will be planted or cultivated within or near the Easement
Area that may interfere with access to or use of the Easement Area by the Town,and that Grantor will not permit or conduct
any mining, excavation, construction, or blasting within said Easement Area without, in each case, a permit or written
approval from the Town.
3. Grantor covenants and agrees that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or
interferes with the ingress,egress,or use rights of the Town.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns forever, it being the
intent of the Grantor to have this easement and all related rights-of-way herein expressed run with the land forever, and be
permanent and perpetual.
1
AND THE TOWN DOES COVENANT that Grantee will at all times,when it enters the Premises for any purpose related
to the permanent easements as granted by this instrument,leave the Premises in a neat and presentable condition,returning
the Premises as nearly as practicable to its condition before such entry.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals the day and year first above
written.
Michael J.Barber TOWN OF ITHACA
By: By:
Michael J.Barber Rod Howe,Supervisor
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared
,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 individual(s), or the person
upon behalf of which the individual(s) acted,executed the instrument.
Notary Public
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared William D.
Goodman 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 individual(s),or the person upon
behalf of which the individual(s) acted,executed the instrument.
Notary Public
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PERMANENT WATER EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this day of , 2021 by and between Rishi Puri and Nelly Andarawis
Puri, husband and wife, of 212 Eldridge Circle, Ithaca New York 14850 (individually, severally and together herein, the
"Grantor",which reference includes all successors, heirs, and assignees of Grantor), and the Town of Ithaca, a municipal
corporation of the State of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 ("Grantee" or the
"Town",which reference includes all its successors,assigns,employees and agents of the Town).
The Grantor is the owner of a certain parcel of land of 1.86 acres,identified as tax parcel number 46.-1-15.6,located in the
Town of Ithaca,Tompkins County,New York.
NOW 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,remise,relinquish and release unto the Town,its successors and assigns forever,an EASEMENT and RIGHT-
OF-WAY to excavate, install,lay, construct, operate, make observations of, inspect, maintain, alter, improve,repair, remove,
replace or change the size of water mains,laterals,collectors,lines and pipes,together with any and all necessary or desirable
related appurtenances, structures, and devices (severally and together, "Water System Improvements"), together with the
rights of free ingress and egress in, over, across, upon, and under the below-described parcels of land, such parcels being
the areas of the permanent easement and right-of-way herein granted,and including the right to trim or remove trees,shrubs
and other obstructions upon said parcels of land situate in the Town of Ithaca,County of Tompkins and State of New York,all
as more particularly bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND,situate in the Town of Ithaca,County of Tompkins and State of New York,
the same being a portion of property conveyed to Rishi Puri and Nelly Andarawis Puri by Deed Instrument#2016-00385
and filed in the Tompkins County Clerk's Office on 1/11/2016,and more particularly described as follows:
A strip of land of varying width extending from the western property boundary to the eastern property boundary,
encompassing the proposed water main and appurtenances.More specifically,the northern boundary limit being the
northern property boundary (approximate centerline of King Road East) and the southern boundary limit being 10 feet
south of the as-installed water main.
The above-described easement and right-of-way are more particularly shown on a survey map entitled"2021 KING ROAD
EAST WATER MAIN EXTENSION PROJECT, 212 ELDRIDGE CIRCLE PROPOSED EASEMENT", dated 4/2/2021,
made by K.Buhl,Town of Ithaca,a copy of which map is intended to be filed concurrently herein.
AND FURTHER WITNESSETH:
1. Grantor covenants and agrees that no building or structures shall be constructed or placed within the aforesaid
Easement Area which will in any way interfere with complete access by the Town to excavate,install,lay,construct,operate,
make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any Water System
Improvements.
2. Grantor covenants and agrees that no trees or other plants will be planted or cultivated within or near the Easement
Area that may interfere with access to or use of the Easement Area by the Town,and that Grantor will not permit or conduct
any mining, excavation, construction, or blasting within said Easement Area without, in each case, a permit or written
approval from the Town.
3. Grantor covenants and agrees that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or
interferes with the ingress,egress,or use rights of the Town.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns forever, it being the
intent of the Grantor to have this easement and all related rights-of-way herein expressed run with the land forever, and be
permanent and perpetual.
1
AND THE TOWN DOES COVENANT that Grantee will at all times,when it enters the Premises for any purpose related
to the permanent easements as granted by this instrument,leave the Premises in a neat and presentable condition,returning
the Premises as nearly as practicable to its condition before such entry.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals the day and year first above
written.
NATHAN REIMER and TARA REIMER TOWN OF ITHACA
By: By:
Nathan Reimer Rod Howe,Supervisor
By:
Tara Reimer
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared
,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 individual(s), or the person
upon behalf of which the individual(s) acted,executed the instrument.
Notary Public
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared William D.
Goodman 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 individual(s),or the person upon
behalf of which the individual(s) acted,executed the instrument.
Notary Public
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PERMANENT WATER EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this day of , 2021 by and between Zbigniew Klimkiewicz, of 210
Eldridge Circle, Ithaca New York 14850 (individually, severally and together herein, the "Grantor', which reference
includes all successors, heirs, and assignees of Grantor), and the Town of Ithaca, a municipal corporation of the State of
New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 ("Grantee" or the "Town", which reference
includes all its successors,assigns,employees and agents of the Town).
The Grantor is the owner of a certain parcel of land of 1.07 acres,identified as tax parcel number 46.-1-15.48,located in the
Town of Ithaca,Tompkins County,New York.
NOW 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,remise,relinquish and release unto the Town,its successors and assigns forever,an EASEMENT and RIGHT-
OF-WAY to excavate, install,lay, construct, operate, make observations of, inspect, maintain, alter, improve,repair,remove,
replace or change the size of water mains,laterals,collectors,lines and pipes,together with any and all necessary or desirable
related appurtenances, structures, and devices (severally and together, "Water System Improvements"), together with the
rights of free ingress and egress in, over, across, upon, and under the below-described parcels of land, such parcels being
the areas of the permanent easement and right-of-way herein granted,and including the right to trim or remove trees,shrubs
and other obstructions upon said parcels of land situate in the Town of Ithaca,County of Tompkins and State of New York,all
as more particularly bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND,situate in the Town of Ithaca,County of Tompkins and State of New York,
the same being a portion of property conveyed to Zbigniew Klimkiewicz by Deed Instrument#2020-08171 and filed in
the Tompkins County Clerk's Office on 8/21/2020,and more particularly described as follows:
Easement area 1:
A strip of land 15 feet in width extending from the southern highway boundary of King Road East,to the southern
property boundary contiguous with Eldridge Circle.The proposed 15 feet easement area shall be offset from the
eastern property boundary by 5 feet(minimum),encompassing the proposed water main and appurtenances as-laid.
Easement area 2:
A strip of land of varying width,extending from the eastern property boundary to the western property boundary,
encompassing the proposed water main and appurtenances.More specifically,the northern boundary limit
(approximate centerline of King Road East) and the southern boundary limit being the southern highway boundary of
King Road East.The easement also includes a contiguous area that encompasses the proposed fire hydrant spur.The
boundaries of this area shall be measured as 10 feet from all sides of the as-laid fire hydrant spur and hydrant.
The above-described easement and right-of-way are more particularly shown on a survey map entitled"2021 KING ROAD
EAST WATER MAIN EXTENSION PROJECT, 210 ELDRIDGE CIRCLE PROPOSED EASEMENT", dated 4/2/2021,
made by K.Buhl,Town of Ithaca,a copy of which map is intended to be filed concurrently herein.
AND FURTHER WITNESSETH:
1. Grantor covenants and agrees that no building or structures shall be constructed or placed within the aforesaid
Easement Area which will in any way interfere with complete access by the Town to excavate,install,lay,construct,operate,
make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any Water System
Improvements.
2. Grantor covenants and agrees that no trees or other plants will be planted or cultivated within or near the Easement
Area that may interfere with access to or use of the Easement Area by the Town,and that Grantor will not permit or conduct
any mining, excavation, construction, or blasting within said Easement Area without, in each case, a permit or written
approval from the Town.
3. Grantor covenants and agrees that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or
interferes with the ingress,egress,or use rights of the Town.
1
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns forever, it being the
intent of the Grantor to have this easement and all related rights-of-way herein expressed run with the land forever, and be
permanent and perpetual.
AND THE TOWN DOES COVENANT that Grantee will at all times,when it enters the Premises for any purpose related
to the permanent easements as granted by this instrument,leave the Premises in a neat and presentable condition,returning
the Premises as nearly as practicable to its condition before such entry.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals the day and year first above
written.
ZBIGNIEW KLIMKIEWICZ TOWN OF ITHACA
By: By:
Zbigniew Klimkiewicz Rod Howe,Supervisor
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared
,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 individual(s), or the person
upon behalf of which the individual(s) acted,executed the instrument.
Notary Public
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared William D.
Goodman 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 individual(s),or the person upon
behalf of which the individual(s) acted,executed the instrument.
Notary Public
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PERMANENT WATER EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this day of , 2021 by and between Aaron Stein-Mank, of 212 Troy
Road, Ithaca New York 14850 (individually, severally and together herein, the "Grantor', which reference includes all
successors, heirs, and assignees of Grantor), and the Town of Ithaca, a municipal corporation of the State of New York,
with offices at 215 North Tioga Street, Ithaca, New York 14850 ("Grantee" or the "Town",which reference includes all its
successors,assigns,employees and agents of the Town).
The Grantor is the owner of a certain parcel of land of .83 acres, identified as tax parcel number 45.-2-9.2, located in the
Town of Ithaca,Tompkins County,New York.
NOW 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,remise,relinquish and release unto the Town,its successors and assigns forever,an EASEMENT and RIGHT-
OF-WAY to excavate, install,lay, construct, operate, make observations of, inspect, maintain, alter, improve,repair,remove,
replace or change the size of water mains,laterals,collectors,lines and pipes,together with any and all necessary or desirable
related appurtenances, structures, and devices (severally and together, "Water System Improvements"), together with the
rights of free ingress and egress in, over, across, upon, and under the below-described parcels of land, such parcels being
the areas of the permanent easement and right-of-way herein granted,and including the right to trim or remove trees,shrubs
and other obstructions upon said parcels of land situate in the Town of Ithaca,County of Tompkins and State of New York,all
as more particularly bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND,situate in the Town of Ithaca,County of Tompkins and State of New York,
the same being a portion of property conveyed to Aaron Stein-Mank by Deed Instrument#2018-04901 and filed in the
Tompkins County Clerk's Office on 5/7/2018 and more particularly described as follows:
A strip of land 20 feet in width centered over the as-laid water service.More specifically,the eastern boundary limit
being the eastern property boundary(approximate centerline of Troy Road) and the western boundary limit being 10
feet west of the water service and curb valve.
The above-described easement and right-of-way are more particularly shown on a survey map entitled"2021 KING ROAD
EAST WATER MAIN EXTENSION PROJECT, 212 TROY RD PROPOSED EASEMENT", dated 4/2/2021, made by K.
Buhl,Town of Ithaca,a copy of which map is intended to be filed concurrently herein.
AND FURTHER WITNESSETH:
1. Grantor covenants and agrees that no building or structures shall be constructed or placed within the aforesaid
Easement Area which will in any way interfere with complete access by the Town to excavate,install,lay,construct,operate,
make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any Water System
Improvements.
2. Grantor covenants and agrees that no trees or other plants will be planted or cultivated within or near the Easement
Area that may interfere with access to or use of the Easement Area by the Town,and that Grantor will not permit or conduct
any mining, excavation, construction, or blasting within said Easement Area without, in each case, a permit or written
approval from the Town.
3. Grantor covenants and agrees that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or
interferes with the ingress,egress,or use rights of the Town.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns forever, it being the
intent of the Grantor to have this easement and all related rights-of-way herein expressed run with the land forever, and be
permanent and perpetual.
AND THE TOWN DOES COVENANT that Grantee will at all times,when it enters the Premises for any purpose related
to the permanent easements as granted by this instrument,leave the Premises in a neat and presentable condition,returning
the Premises as nearly as practicable to its condition before such entry.
1
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals the day and year first above
written.
AARON STEIN-MANK TOWN OF ITHACA
By: By:
Aaron Stein-Mank Rod Howe,Supervisor
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared
,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 individual(s), or the person
upon behalf of which the individual(s) acted,executed the instrument.
Notary Public
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared William D.
Goodman 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 individual(s),or the person upon
behalf of which the individual(s) acted,executed the instrument.
Notary Public
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PERMANENT WATER EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this day of , 2021 by and between Julian E. Hochberg and Virginia
B. Hochberg,husband and wife, of 226 Troy Rd, Ithaca New York 14850 (individually, severally and together herein, the
"Grantor",which reference includes all successors, heirs, and assignees of Grantor), and the Town of Ithaca, a municipal
corporation of the State of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 ("Grantee" or the
"Town",which reference includes all its successors,assigns,employees and agents of the Town).
The Grantor is the owner of a certain parcel of land of 5.51 acres,identified as tax parcel number 45.-2-10.1,located in the
Town of Ithaca,Tompkins County,New York.
NOW 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,remise,relinquish and release unto the Town,its successors and assigns forever,an EASEMENT and RIGHT-
OF-WAY to excavate, install,lay, construct, operate, make observations of, inspect, maintain, alter, improve,repair,remove,
replace or change the size of water mains,laterals,collectors,lines and pipes,together with any and all necessary or desirable
related appurtenances, structures, and devices (severally and together, "Water System Improvements"), together with the
rights of free ingress and egress in, over, across, upon, and under the below-described parcels of land, such parcels being
the areas of the permanent easement and right-of-way herein granted,and including the right to trim or remove trees,shrubs
and other obstructions upon said parcels of land situate in the Town of Ithaca,County of Tompkins and State of New York,all
as more particularly bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND,situate in the Town of Ithaca,County of Tompkins and State of New York,
the same being a portion of property conveyed to Julian E. Hochberg and Virginia B. Hochberg by Deed Instrument
#BF097773-001 and filed in the Tompkins County Clerk's Office on 8/29/1967 (the "Reimer Property"), and more
particularly described as follows:
A strip of land 20 feet in width centered over the as-laid water service.More specifically,the eastern boundary limit
being the eastern property boundary(approximate centerline of troy road) and the western boundary limit being 10
feet west of the water service and curb valve.
The above-described easement and right-of-way are more particularly shown on a survey map entitled"2021 KING ROAD
EAST WATER MAIN EXTENSION PROJECT, 226 TROY RD PROPOSED EASEMENT", dated 4/2/2021, made by K.
Buhl,Town of Ithaca,a copy of which map is intended to be filed concurrently herein.
AND FURTHER WITNESSETH:
1. Grantor covenants and agrees that no building or structures shall be constructed or placed within the aforesaid
Easement Area which will in any way interfere with complete access by the Town to excavate,install,lay,construct,operate,
make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any Water System
Improvements.
2. Grantor covenants and agrees that no trees or other plants will be planted or cultivated within or near the Easement
Area that may interfere with access to or use of the Easement Area by the Town,and that Grantor will not permit or conduct
any mining, excavation, construction, or blasting within said Easement Area without, in each case, a permit or written
approval from the Town.
3. Grantor covenants and agrees that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or
interferes with the ingress,egress,or use rights of the Town.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns forever, it being the
intent of the Grantor to have this easement and all related rights-of-way herein expressed run with the land forever, and be
permanent and perpetual.
AND THE TOWN DOES COVENANT that Grantee will at all times,when it enters the Premises for any purpose related
to the permanent easements as granted by this instrument,leave the Premises in a neat and presentable condition,returning
the Premises as nearly as practicable to its condition before such entry.
1
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals the day and year first above
written.
JULIAN E.HOCHBERG VIRGINIA B.HOCHNERG TOWN OF ITHACA
By: By:
Julian E.Hochberg Rod Howe,Supervisor
By:
Virginia B.Hochberg
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared
,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 individual(s), or the person
upon behalf of which the individual(s) acted,executed the instrument.
Notary Public
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared William D.
Goodman 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 individual(s),or the person upon
behalf of which the individual(s) acted,executed the instrument.
Notary Public
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PERMANENT WATER EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this day of , 2021 by and between John R. Barber and Vanessa N.
Bentley, of 309 King Road East, Ithaca New York 14850 (individually, severally and together herein, the"Grantor",which
reference includes all successors,heirs, and assignees of Grantor),and the Town of Ithaca,a municipal corporation of the
State of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 ("Grantee" or the "Town", which
reference includes all its successors,assigns,employees and agents of the Town).
The Grantor is the owner of a certain parcel of land of approximately 0.85 acres,identified as tax parcel number 46.-1-3,
located in the Town of Ithaca,Tompkins County,New York.
NOW WITNESSETH, that the Grantor, in consideration of Eight Hundred and Forty One and 00/100 Dollar ($841.00) 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,remise,relinquish and release unto the Town,its successors and assigns forever,an
EASEMENT and RIGHT-OF-WAY to excavate, install,lay, construct, operate, make observations of, inspect, maintain, alter,
improve,repair,remove,replace or change the size of water mains,laterals,collectors,lines and pipes,together with any and
all necessary or desirable related appurtenances, structures, and devices (severally and together, "Water System
Improvements"),together with the rights of free ingress and egress in, over, across, upon, and under the below-described
parcels of land,such parcels being the areas of the permanent easement and right-of-way herein granted,and including the
right to trim or remove trees,shrubs and other obstructions upon said parcels of land situate in the Town of Ithaca,County of
Tompkins and State of New York,all as more particularly bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND,situate in the Town of Ithaca,County of Tompkins and State of New York,
the same being a portion of property conveyed to John R. Barber and Vanessa N. Bentley by Deed Instrument #201-
04436 and filed in the Tompkins County Clerk's Office on 04/25/2018(the"Property"),and more particularly described
as follows:
A strip of land of varying width extending from the western property boundary to the eastern property boundary,
encompassing the proposed water main and appurtenances.More specifically,the northern boundary limit being the
northern property boundary (approximate centerline of King Road East) and the southern boundary limit being 10
feet south of the as-installed water main.The easement also includes a contiguous area that encompass the proposed
fire hydrant spur. The boundaries of this area shall be measured as 10 feet from all sides of the as-laid fire hydrant
spur and hydrant.
The above-described easement and right-of-way are more particularly shown on a survey map entitled"2021 KING ROAD
EAST WATER MAIN EXTENSION PROJECT,46.-1-3 KING RD E PROPOSED EASEMENT",dated 4/2/2021,a copy of
which map is intended to be filed concurrently herein.
AND FURTHER WITNESSETH:
1. Grantor covenants and agrees that no building or structures shall be constructed or placed within the aforesaid
Easement Area which will in any way interfere with complete access by the Town to excavate,install,lay,construct,operate,
make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any Water System
Improvements.
2. Grantor covenants and agrees that no trees or other plants will be planted or cultivated within or near the Easement
Area that may interfere with access to or use of the Easement Area by the Town,and that Grantor will not permit or conduct
any mining, excavation, construction, or blasting within said Easement Area without, in each case, a permit or written
approval from the Town.
3. Grantor covenants and agrees that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or
interferes with the ingress,egress,or use rights of the Town.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns forever, it being the
intent of the Grantor to have this easement and all related rights-of-way herein expressed run with the land forever, and be
permanent and perpetual.
1
AND THE TOWN DOES COVENANT that Grantee will at all times,when it enters the Premises for any purpose related
to the permanent easements as granted by this instrument,leave the Premises in a neat and presentable condition,returning
the Premises as nearly as practicable to its condition before such entry.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals the day and year first above
written.
John R.Barber and Vanessa N.Bentley TOWN OF ITHACA
By: By:
John R. Barber Rod Howe,Supervisor
By:
Vanessa N. Bentley
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared
,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 individual(s), or the person
upon behalf of which the individual(s) acted,executed the instrument.
Notary Public
State of New York )
County of Tompkins ) ss.:
On the day of in the year 20_ before me, the undersigned, personally appeared William D.
Goodman 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 individual(s),or the person upon
behalf of which the individual(s) acted,executed the instrument.
Notary Public
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Item 09
MEETING OF THE ITHACA TOWN BOARD
Monday, April 12, 2021
TB Resolution 2021-XXX: BOND RESOLUTION - In the Matter of the Town of Ithaca
King Road East Water Main Extension Water Improvement Area Improvements, in the
Town of Ithaca,Tompkins County,New York,pursuant to Town Law and the Local Finance
Law.
At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County,New York, held
at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 12th day of
April,2021, at 5:30 o'clock P.M.,Prevailing Time.
The meeting was called to order by Supervisor Rod Howe, and upon roll being called,there were
PRESENT:
ABSENT: None
Moved by ; seconded by .
BOND RESOLUTION:
A RESOLUTION AUTHORIZING$1,050,000 IN SERIAL BONDS TO BE ISSUED
BY THE TOWN OF ITHACA,TOMPKINS COUNTY,NEW YORK,TO PAY THE
COST OF WATER SYSTEM IMPROVEMENTS FOR THE TOWN OF ITHACA
KING ROAD EAST WATER MAIN EXTENSION WATER IMPROVEMENT
AREA, IN THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK.
WHEREAS, pursuant to the proceedings heretofore duly had and taken in accordance with the
provisions of Article 12-C of the Town Law, and more particularly a resolution dated February 8,
2021, said Town Board has determined it to be in the public interest to establish the Town of Ithaca
King Road East Water Main Extension Water Improvement Area(the"Area")and to make certain
improvements (the "Improvement") therefore at a maximum estimated cost of$1,050,000; and
WHEREAS, said improvements have been determined to be an Unlisted Action pursuant to the
regulations of the New York State Department of Environmental Conservation promulgated
pursuant to the State Environmental Quality Review Act, which it has been determined will not
result in any significant adverse environmental effects; and
WHEREAS, it is now desired to provide funding for such improvements for said Area;
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tompkins
County,New York, as follows:
Section 1. For the specific object or purpose of paying the cost of water system
improvements, for the Town of Ithaca King Road East Water Main Extension Water Improvement
Area consisting of the construction of approximately 2,175 LF of 8" and 10" ductile iron water
main and installation of two (2)pressure reducing valves and precast structure(s) along King Road
1
Item 09
East, construction of approximately 1,610 LF of 8" ductile iron water main along Troy Road, and
associated appurtenances and other related ancillary facilities, furnishings, incidental improve-
ments and expenses in connection therewith, at a maximum estimated cost of$1,050,000 there are
hereby authorized to be issued$1,050,000 serial bonds of said Town pursuant to the provisions of
the Local Finance Law.
Section 2. It is hereby determined that the maximum cost of said specific objector purpose
is $1,050,000, with the plan for the financing of said specific object or purpose is by the issuance
of the $1,050,000 serial bonds of said Town authorized to be issued to this bond resolution.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is forty years,pursuant to subdivision 1 of paragraph a of Section 11.00
of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial
bonds herein authorized will exceed five years.
Section 4. The faith and credit of said Town of Ithaca, Tompkins County, New York, are
hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the
same respectively become due and payable. There shall be annually apportioned and assessed
upon the several lots and parcels of land within said Town of Ithaca King Road East Water Main
Extension Water Improvement Area which the Town Board shall determine and specify to be
especially benefited by the improvements, an amount sufficient to pay the principal and interest
on said bonds as the same become due,but if not paid from such source,all the taxable real property
in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount
sufficient to pay the principal of and interest on said bonds as the same shall become due.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the
issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial
bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor,
the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in
such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local
Finance Law.
Section 6. The powers and duties of advertising such bonds for sale, conducting the sale
and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds
for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the
interests of said Town, including, but not limited to the power to sell said bonds to the New York
State Environmental Facilities Corporation; provided, however, that in the exercise of these
delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and
any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt
of the Town shall be a full acquittance to the purchaser of such bonds,who shall not be obliged to
see to the application of the purchase money.
Section 7. All other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining annual debt service
and all matter related thereto, prescribing whether manual or facsimile signatures shall appear on
said bonds, prescribing the method for the recording of ownership of said bonds, appointing the
fiscal agent or agents for said bonds,providing for the printing and delivery of said bonds (and if
said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor,
2
Item 09
providing for the manual countersignature of a fiscal agent or of a designated official of the Town),
the date, denominations, maturities and interest payment dates, place or places of payment, and
also including the consolidation with other issues, shall be determined by the Supervisor. It is
hereby determined that it is to the financial advantage of the Town not to impose and collect from
registered owners of such serial bonds any charges for mailing, shipping and insuring bonds
transferred or exchanged by the fiscal agent, and accordingly, pursuant to paragraph c of Section
70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the
Local Finance Law and shall otherwise be in such form and contain such recitals in addition to
those required by section 52.00 of the Local Finance Law, as the Town shall determine.
Section 8. The Supervisor is hereby further authorized, at his or her sole discretion, to
execute an application, a project financing and/or loan agreement, and any other agreements with
the New York State Department of Health/or the New York State Environmental Facilities
Corporation, including amendments thereto, and including any instruments (or amendments
thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific
object or purpose described in Section 1 hereof, or a portion thereof,by a serial bond or note issue
of said Town in the event of the sale of same to the New York State Environmental Facilities
Corporation.
Section 9. The power to issue and sell notes to the New York State Environmental
Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to
the Town Supervisor. Such notes shall be of such terms, form and contents as may be prescribed
by said Town Supervisor consistent with the provisions of the Local Finance Law
Section 10. The intent of this resolution is to give the Supervisor sufficient authority to
execute those agreements, instruments or to do any similar acts necessary to effect the issuance of
the aforesaid serial bonds or notes without resorting to further action of this Town Board.
Section 11. The validity of such bonds and bond anticipation notes may be contested only
if:
1) Such obligations are authorized for an object or purpose for which said Town is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this
resolution are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty days after the date of such
publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 12. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are,
or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside
with respect to the permanent funding of the object or purpose described herein.
3
Item 09
Section 13. This resolution which takes effect immediately shall be published in summary
form in the official newspaper, together with a notice of the Town Clerk in substantially the form
provided in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call,
which resulted as follows:
The resolution was thereupon declared duly adopted.
4
Item 10
MEETING OF THE ITHACA TOWN BOARD
Monday, April 12, 2021
TB Resolution 2021 - : Adopt Consent Agenda
Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the
following Consent Agenda items:
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. NYS Work Hours for Elected Officials - Klein
d. Ratify appointment—Consortium
e. Ratify Public Works promotional appointment of a Heavy Equipment Operator
f. Appointment—Ag Committee
Moved: Seconded:
Vote: ayes—
TB Resolution 2021 - a: Approval of Minutes
Resolved, that the Town Board hereby approves the minutes of March 8 and 22, 2021 with any
non-substantial corrections suggested by the Board having been made.
TB Resolution 2021 - c: Establishment of NY State and Local Retirement Systems
Standard Workday
Whereas,New York State and Local Retirement Systems requires municipalities to set a
standard workday to report all employees participating in the New York Retirement System; and
Whereas, the Town last updated the list to the retirement system was in May 2020; now,
therefore,be it
Resolved, the Town Board of the Town of Ithaca, location code 30222, does hereby set the
following standard work day for the following classifications as required by the NY State and
Local Employees' Retirement System for the Town of Ithaca based on a time keeping system
or records of activity maintained and submitted by these members:
Five days a week, six hours a day:
Town Supervisor Members of Planning Board
Councilperson Members of Zoning Board of Appeals
Justices Crossing Guards.
7.5 hours per day, 5 days a week 8 hours per day, 5 days a week
Network/Records Specialist Highway Superintendent
1
Item 10
Senior Planner Director of Planning
Environmental Planner Director of Code Enforcement
Planner Director of Engineering
Deputy Finance Officer Finance Officer
First Deputy Town Clerk Town Clerk
Principal Account Clerk Typist Human Resources Manager
Bookkeeper to the Supervisor Senior Civil Engineer
Court Clerk Civil En ineer
Secretary Senior Engineering Technician
Senior Account Clerk Typist En ineering Technician I
Deputy Town Clerk ighway Superintendent
Senior Typist Parks Maintenance Manager
Keyboard Specialist Water/Sewer Maintenance Supervisor
Typist Workin Su ervisor
Account Clerk Typist Senior Heavy Equipment Mechanic
Administrative Assistant I TH Heavy Equipment Mechanic
Administrative Assistant II TH Heavy Equipment Operator
Administrative Assistant III TH Maintenance Worker
Administrative Assistant IV TH Motor Equipment Operator
Project Assistant Automotive Mechanic Assistant
Planning Intern Laborer
Information Aide TH Sr. Code Enforcement Officer
Code Enforcement Officer
Electrical/Code Enforcement Officer
Ke board Specialist PWF
Account Clerk Typist PWF
Administrative Assistant I PWF
Administrative Assistant II PWF
Administrative Assistant III PWF
Administrative Assistant IV PWF
GIS Anal st
Network Specialist
Resolved, the Town Board of the Town of Ithaca does hereby set the following standard work
day for the following classifications as required by the NY State and Local Retirement System
for Southern Cayuga Lake Intermunicipal Water Commission:
Five days a week, eight hours a day:
General Manager Finance Manager
Assistant Production Manager Production Manager
Assistant Distribution Manager Distribution Manager
Water Treatment Plant Operator Assistant Water Treatment Plant Operator
Electrical& Mechanical Technician Sr. Water Maintenance Specialist
Distribution Operator Water Maintenance Specialist
2
Item 10
Distribution Operator Assistant GIS/IT Specialist
Principal Account Clerk Typist Account Clerk Typist
Administrative Assistant 1, II, III and IV Senior Account Clerk Typist
RESOLVED, the Town Board of the Town of Ithaca does hereby set the following
standard work day for the following classifications as required by the NY State and Local
Retirement System for Greater Tompkins County Municipal Health Insurance Consortium:
Five days a week, eight hours a day:
Executive Director Finance Manager
Clerk of the Board
Five days a week, seven- and one-half hours a day:
Administrative/Computer Assistant Benefits Specialist
TB Resolution 2021 - d: Ratify Provisional Appointment of Finance Manager at
GTCMHIC.
Whereas, the Executive Committee of the Greater Tompkins County Municipal Health Insurance
Consortium(GTCMHIC), approved the provisional appointment by the Executive Director of
Teri Apalovich to the title of Finance Manager, effective, March 29, 2021; now, therefore be it
Resolved, the Town Board of the Town of Ithaca does hereby ratify GTCMHIC's appointment
of Teri Apalovich to the title of Finance Manager, effective, March 29, 2021, at the annual salary
of$70,000 with full time benefits.
TB Resolution 2021 — e: Ratify Promotional Appointment to Heavy Equipment Operator
Whereas, there is a vacant Heavy Equipment Operator position due to promotion; and
Whereas, the Highway Superintendent has determined through interviews and evaluation that
Anthony Inman, Motor Equipment Operator,possess the necessary knowledge, skills, and ability
to satisfactorily perform the duties of the Heavy Equipment Operator position; and
Whereas, the Highway Superintendent is promotionally appointing Anthony Inman, to the Heavy
Equipment Operator position, effective March 28, 2021; now, therefore, be it
Resolved, the Town Board of the Town of Ithaca does hereby ratify the Highway
Superintendent's regular promotional appointment of Anthony Inman, as full time Heavy
Equipment Operator for the Public Works Department, effective March 28, 2021; and be it
further
Resolved, this is a 40-hours a week position, at the hourly wage of$28.67, which is an estimated
3
Item 10
annual salary of$59,634, in Job Classification"IV", with full time benefits; and be it further
Resolved, if the said successfully complete the mandatory eight (8)week probationary period
there will be no further action required by the Town Board.
TB Resolution 2021 - f: Appointments of the Agriculture Committee Chair and Vice-Chair
for 2021
Resolved,that the Town Board hereby appoints Matthew Stalker(A.J. Teeter Farm) as
Agriculture Committee Chair for 2021;
Resolved,that the Town Board hereby appoints Ariel Casper (Casper's Farm) as Agriculture
Committee Vice-Chair for 2021.
4
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Town of Ithaca 4/1/2021
215 N. Tioga Street
Ithaca, NY 14850
Certificates Issued
From: 3/1/2021 To: 3/31/2021
Cert. # Date Type Temp SBL Legal Address Inspector Status
2020-0089 3/2/2021 CC X 24.-1-34.63 266 HAYTS ROAD MKELLY ISSUED
Permit Type: DECK
2020-0260 3/2/2021 CO 42.-1-5 326 CODDINGTON ROAD MKELLY ISSUED
Permit Type: SINGLE FAMILY RENOVATION/A
2020-0052 3/4/2021 TCO X 73.-1-1.4 579 Warren Rd MSTONIER ISSUED
Permit Type: COMMERCIAL ADDITION
2021-0040 3/4/2021 CC 33.-3-8.24 13 Peachtree Ln DMAGNUSO ISSUED
Permit Type: SOLAR
2020-0313 3/5/2021 CC 66.-3-3.513 6 Fairway Dr MSTONIER ISSUED
Permit Type: ROOFING
2020-0263 3/5/2021 CO 71.-5-1 209 Roat St MSTONIER ISSUED
Permit Type: SINGLE FAMILY RENOVATION/A
2020-0250 3/5/2021 CC 70.-11-49 17 Muriel St MSTONIER ISSUED
Permit Type: FENCE/RETAINING WALLS
2020-0306 3/5/2021 CC 72.-1-1.154 129 Simsbury Dr MSTONIER ISSUED
Permit Type: ROOFING
2020-0561 3/5/2021 CC 66.-1-7 11 The Byway MSTONIER ISSUED
Permit Type: DEMOLITION
2020-0314 3/5/2021 CO 22.-2-2.10 17 Orchard Hill Rd MSTONIER ISSUED
Permit Type: DECK
2020-0345 3/5/2021 CC 27.-1-29 459 Sheffield Rd MSTONIER ISSUED
Permit Type: ROOFING
2021-0081 3/9/2021 CO 44.-2-7.3 161 King Rd E ISSUED
Permit Type: EXTERNAL PLUMBING PERMIT
2018-0051 3/10/2021 CO 29.-8-5.2 260 Coy Glen Rd DMAGNUSO ISSUED
Permit Type: ACCESSORY STRUCTURE
2020-0477 3/17/2021 CO 17.-3-9 242 Renwick Dr JHULL ISSUED
Permit Type: SINGLE FAMILY RENOVATION/A
2018-0655 3/17/2021 CC 21.-2-14 1057 Taughannock Blvd DMAGNUSO ISSUED
Permit Type: ELECTRICAL ONLY
2020-0071 3/18/2021 Cert of C X 57.-1-8.56 111 REGENCY LANE - pum MKELLY ISSUED
Permit Type: ELECTRICAL ONLY
2020-0103 3/18/2021 CC 50.-1-3 522 CODDINGTON ROAD MKELLY ISSUED
Permit Type: ROOFING
Page 1 of 4
Town of Ithaca 4/1/2021
215 N. Tioga Street
Ithaca, NY 14850
Certificates Issued
From: 3/1/2021 To: 3/31/2021
Cert. # Date Type Temp SBL Legal Address Inspector Status
2019-0208 3/19/2021 CC 60.1-1-10.4 241-4 WILDFLOWER DRIVE MKELLY ISSUED
Permit Type: SINGLE FAMILY RENOVATION/A
2019-0212 3/19/2021 CC 60.1-1-10.3 241-3 WILDFLOWER DRIVE MKELLY ISSUED
Permit Type: SINGLE FAMILY RENOVATION/A
2019-0211 3/19/2021 CC 60.1-1-10.2 241-2 WILDFLOWER DRIVE MKELLY ISSUED
Permit Type: SINGLE FAMILY RENOVATION/A
2019-0209 3/19/2021 CC 60.1-1-10.1 241-1 WILDFLOWER DRIVE MKELLY ISSUED
Permit Type: SINGLE FAMILY RENOVATION/A
2019-0203 3/19/2021 CC 60.1-1-4.1 201-1 WILDFLOWER DRIVE MKELLY ISSUED
Permit Type: SINGLE FAMILY RENOVATION/A
2019-0204 3/19/2021 CC 60.1-1-4.2 201-2 WILDFLOWER DRIVE MKELLY ISSUED
Permit Type: SINGLE FAMILY RENOVATION/A
2019-0206 3/19/2021 CC 60.1-1-4.4 201-4 WILDFLOWER DRIVE MKELLY ISSUED
Permit Type: SINGLE FAMILY RENOVATION/A
2020-0011 3/22/2021 CC 71.-1-11.64 313 Blackstone Ave DMAGNUSO ISSUED
Permit Type: ELECTRICAL ONLY
2019-0489 3/22/2021 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED
Permit Type: ROOFING
2020-0180 3/22/2021 CC 50.-1-3 522 CODDINGTON ROAD MKELLY ISSUED
Permit Type: ELECTRICAL ONLY
2019-0738 3/22/2021 CC 61.-1-8.26 2 DOVE DRIVE MKELLY ISSUED
Permit Type: ROOFING
2019-0704 3/22/2021 CC 60.1-1-31.4 521-4 STRAWBERRY HILL MKELLY ISSUED
Permit Type: ELECTRICAL ONLY
2019-0134 3/22/2021 CC 28.-1-23.22 1341 MECKLENBURG ROA MKELLY ISSUED
Permit Type: HEATING AND COOLING UNIT
2019-0582 3/22/2021 CC 24.-1-35 276 HAYTS ROAD MKELLY ISSUED
Permit Type: HEATING AND COOLING UNIT
2019-0582 3/22/2021 CC 24.-1-35 276 HAYTS ROAD MKELLY ISSUED
Permit Type: HEATING AND COOLING UNIT
2019-0647 3/22/2021 CO 57.-1-8.11 112 EASTERN HEIGHTS D MKELLY ISSUED
Permit Type: DECK
2019-0635 3/22/2021 CC 57.-1-8.11 112 EASTERN HEIGHTS D MKELLY ISSUED
Permit Type: ROOFING
Page 2 of 4
Town of Ithaca 4/1/2021
215 N. Tioga Street
Ithaca, NY 14850
Certificates Issued
From: 3/1/2021 To: 3/31/2021
Cert. # Date Type Temp SBL Legal Address Inspector Status
2019-0648 3/23/2021 CC 57.-1-7.22 149 PINE TREE ROAD MKELLY ISSUED
Permit Type: ROOFING
2020-0036 3/23/2021 CC 27.-1-15.1 1362 MECKLENBURG ROA MKELLY ISSUED
Permit Type: ELECTRICAL ONLY
2020-0024 3/23/2021 CC 58.-2-15.1 130 PINE TREE ROAD MKELLY ISSUED
Permit Type: SINGLE FAMILY RENOVATION/A
2021-0065 3/24/2021 CO 28.-1-26.5 162 Westhaven Rd JHULL ISSUED
Permit Type: SINGLE FAMILY RENOVATION/A
2019-0742 3/24/2021 CO 24.-1-29 236 HAYTS ROAD MKELLY ISSUED
Permit Type: SINGLE FAMILY RENOVATION/A
2021-0023 3/25/2021 CC 58.-2-39.32 305 SUNNYVIEW LANE MKELLY ISSUED
Permit Type: ROOFING
2021-0080 3/30/2021 CC 70.-10-7 1436 Hanshaw Rd MSTONIER ISSUED
Permit Type: HEATING AND COOLING UNIT
2021-0021 3/31/2021 CO 62.-2-1.121 345 Pine Tree Rd MSTONIER ISSUED
Permit Type: COMMERCIAL RENOVATION/ALT
2021-0012 3/31/2021 CC 63.-1-8.1 161 Synchrotron Dr MSTONIER ISSUED
Permit Type: ELECTRICAL ONLY
2020-0384 3/31/2021 CC 70.-10-24 296 Birchwood Dr N MSTONIER ISSUED
Permit Type: ROOFING
Page 3 of 4
4/1/2021
Town of Ithaca
215 N. Tioga Street
Ithaca, NY 14850
Certificate Report
Totals by Type and Status
From: 3/1/2021 To: 3/31/2021
Certificate Type Certificate Status Count
CC 32
Cert of Compliance - Electrical Only 1
CO 10
TCO 1
Total: 44
ISSUED 44
Page 4 of 4
Town of Ithaca 4/2/2021
215 N. Tioga Street
Ithaca, NY 14850
Complaints Received Report
From: 3/1/2021 To: 3/31/2021
Date Type Tax Parcel # Legal Address Disposition
3/1/2021 FIRE SAFETY VIOLATIONS 101 Harris B Dates Dr OPEN
Desc: Fire alarm for Main hospital 101 Harris B Dates. Security stated alarm is for 102 Harris BDates
(Maintenance building). Alarm caused by dust from sweeping. CMC Electrician Tony Brodie 274-4160
stated West Fire has recently put a dialer in this building. Line that previously connected building to
main hospital broke. He also stated that Maintenance building should be addressed as 201 Harris. He
will work with West Fire to update. IFD also requested builidng be numbered and labeled from the
exterior. Chief Parsons unsure if building permit was acquired for alarm system changes.
3/3/2021 FIRE SAFETY VIOLATIONS 62.-2-1.123 381 Pine Tree Rd OPEN
Desc: Two new decks were built on front of building, new electrical outlets have been added above the decks,
enclosures for patrons are being built on the decks and the FDC connection is obstructed by the new
deck that was built.
3/4/2021 LOCAL LAW 1020 A Ellis Hollow Rd OPEN
Desc: Operating Hotel without the required Operating Permit
3/4/2021 LOCAL LAW 1020 B Ellis Hollow Rd OPEN
Desc: Operating Hotel without the required Operating Permit
3/4/2021 GARBAGE 70.-4-6 601 Winston Ct OPEN
Desc: Dumpsters in front of apartments are not enough. Lots of waste in the streets and creates multiple
issues. (See Doc. section for more info)
3/5/2021 LOCAL LAW 1020 C Ellis Hollow Rd OPEN
Desc: Operating Hotel without the required Operating Permit
3/5/2021 LOCAL LAW 1020 D Ellis Hollow Rd OPEN
Desc: Operating Hotel without an Operating Permit
3/7/2021 REPORT OF FIRE 70.-12-11 1411 Hanshaw Rd OPEN
Desc: Fire reported - upstairs apartment bathroom had fire.
3/11/2021 GARBAGE 54.-7-35.1 258 Pennsylvania Ave OPEN
Desc: Dumpster constantly overflowing
3/12/2021 GARBAGE 30.-2-15.2 117 Coy Glen Rd OPEN
Desc: Neighbor has noticed about a dozen large black garbage bags on the curbside of this property for
about 3 weeks. Concerned about animals getting into the garbage and causing additional issues.
Page 1 of 3
Town of Ithaca 4/2/2021
215 N. Tioga Street
Ithaca, NY 14850
Complaints Received Report
From: 3/1/2021 To: 3/31/2021
Date Type Tax Parcel # Legal Address Disposition
3/15/2021 PROPERTY MAINTENANCE 70.-11-58 203 Muriel St OPEN
Desc: Neighbor concerned about several safety concerns associated with property. (roof&foundation
conditions, trash, lack of property mainenance. See document section for additional info.
3/19/2021 OTHER 1028 Ellis Hollow Rd CLOSED
Desc: Washer machine not draining; tenant concerned about health issues. Property owner claimed washers
will be replaced but has not happened yet.
3/25/2021 PROPERTY MAINTENANCE 53.-1-4 265 Coddington Rd OPEN
Desc: Neighbor (& complainant, Sue Benninger, (607)-227-3102) who shares driveway is reporting that there
are trailers of stuff in the front yard of this property. See document section for more info.
3/29/2021 LOCAL LAW 58.-2-39.38 206 Westview Ln OPEN
Desc: neighbor is reporting that there is a rooster crowing at all hours of the day including very early in the
morning. Unsure if roosters are allowed.
Page 2of3
4/2/2021
Town of Ithaca
215 N. Tioga Street
Ithaca, NY 14850
Complaints Report
From: 3/1/2021 To: 3/31/2021
Totals by Complaint Type & Status
ComplaintType Complaint Status Count
FIRE SAFETY VIOLATIONS 2
GARBAGE 3
LOCAL LAW 5
OTHER 1
PROPERTY MAINTENANCE 2
REPORT OF FIRE 1
Total: 14
CLOSED 1
OPEN 13
Page 3 of 3
Town of Ithaca 4/2/2021
215 N. Tioga Street
Ithaca, NY 14850
Complaints Closed Report
From: 3/1/2021 To: 3/31/2021
Date Type Tax Parcel # Legal Address Disposition
3/19/2021 OTHER 1028 Ellis Hollow Rd CLOSED
Desc: Washer machine not draining; tenant concerned about health issues. Property owner claimed washers
will be replaced but has not happened yet.
Page 1 of 2
4/2/2021
Town of Ithaca
215 N. Tioga Street
Ithaca, NY 14850
Complaints Report
From: 3/1/2021 To: 3/31/2021
Totals by Complaint Type & Status
ComplaintType Complaint Status Count
OTHER 1
Total: 1
CLOSED 1
Page 2 of 2