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Home My WebLink AboutTB Minutes 2008-06-15 CONIFER DRIVE ACCEPTANCE AGREEMENT 2 . Conifer and Ithaca Senior agree to complete said road and related facilities in the boundaries of the right-of-way as conveyed by Conifer and Linderman II to the Town concurrently herewith . Said road must be completed in accordance with the Drawings . The final determination as to whether or not such road has been completed in accordance with the Drawings shall be made by the Town Board upon the recommendation of the Town Highway Superintendent . Such roa must be completed not later than fbi , ' � t�, it , aapg 3 . Conifer and Ithaca Senior agree to install permanent concrete monuments with steel or iron pipe inserts , in accordance with specifications furnished by the Town Highway Superintendent or Town Engineer, such monuments to be installed at such locations as Superintendent or Engineer may specify. Such monuments shall be installed within the period required for the completion of the roads as hereinabove set forth . 40 The Town consents to the entry on the unfinished portions of said roads by Conifer and Ithaca Senior and the contractors and agents of Conifer and Ithaca Senior for the purposes of completing the roads in accordance with this agreement. 5 . Co ifer and Ithaca Senior agree that upon completion of the roads, they will furnish a revision of the aforesaid map , to be certified by a competent surveyor, showing the monuments , as the same are actually located as hereinabove described . 6 . Conifer and Ithaca Senior agree to indemnify and save and hold harmless the Town , its officers ( including the Town Highway Superintendent and Town Engineer) , agents , contractors and employees from and against all suits , claims , loss , liability or expense ( including costs and attorney' s fees) by reason of any liability imposed upon the Town or any damage to property , including loss of use thereof, resulting from any condition of the uncompleted portions of the said streets or which may result from any work or operations on the said uncompleted portions of said streets road by Conifer, Ithaca Senior, or their contractors , agents , employees or invitees , except for liability due to the gross negligence of the Town , its officers , agents , contractors or employees . In this respect, Conifer and Ithaca Senior shall provide and maintain at their own expense insurance coverage for public liability and for the contractual liability of Conifer and Ithaca Senior under this agreement. Such policy shall provide or include coverage for all operations of Conifer and Ithaca Senior in completing the work on the streets required by this agreement; completed operations ; personal injury and board from property damage . The amount of the policy shall be at least $ 1 , 000 , 000 aggregate limits or in such other amounts as the Town may reasonably require . The policy shall be reviewed by the Town ' s insurance counsel to determine whether it adequately protects the Town and Conifer and Ithaca Senior shall comply with any reasonable requirement of the insurance counsel . C:\Documents and Settin s\I goo db\Local Settings\Temporary Internet Files\OLK2\Road Acceptance Agreement rev 1 .doc DWalker 12/11 /2006 CONIFER DRIVE ACCEPTANCE AGREEMENT IRRTRR 1 11 .1 RR'M M v7M 7� . : .If Conifer and Ithaca Senior farltocompleethesard road �as' 'rDe a re'ement�o`r otherwise default rn ttieper�for �� kg g mance of thlsa reement theTown . „a hallify Conifer and Ithaca Senior of said failuretor default and riemandthat zm—Conifer and Ithaca Senior correct '. said fadure�3or= default ,within a reasonable ,time t t x ea.T s ..w. �3 „� o� uuas,.-.- x3As Yia, r ,;; t a a' �avkE R �i "% sped ied by3the Town in said notice tf Conifer and Ithaca Senior fart to correct said ailura or cure said defauit,witII the time specrfied 'ey the To n then the IMP zi 3 � �e P P k W Town may Yd complete�3�said roadi;. and Conifer and Ithaca Senior ag!ee I'll yF ' ^ x" ..> �3�IA�. ��' 3� r �'� topay ,to the Townson demand the cost of co� plet�ingsaid�road'; % i"ncluding�all necessa ex enses` an3 '` � ` ry p , d oblrgations . I , Irab�rlit es msFured by the ell To q5- � in connection with corn Ie ng s`ard ywork3 A partI I secu`ntjr for the performance of % ee such workand as a3s`ource of paymentof the costs anpens. esrncurred3by the Tawn Din connection with the .foregoing; Conifer and Ithaca Senior agr,e Q A 3 inj a. w Ks", I°' i'J ; ,�` a,.a ,�. � � & deposit with the° To an unequivocal irrevocable letter ofNcredit (in1form and 9 s � substance satrsfacto, to ithe 16, p orney rn the =su f l of 8 The 4 idi' 3 L dv-s A ba I amoulntpovided� by° the letter�of�credit, ashall be applied toward ny cosh oar llnu ex uses incurred by the Town m thenevent of; � default by Con er and U p... _. I _ .�. ?;1133NN �,'� �� 6� � ally, � �ti Ithaca Senior in ,the performance of their obligations `under Ahisiagre�e entx If Pam ((I. Conifer and Ithaca Senior shall fully perform this agreement inaccorda ce with RR its prpursiQrls , saidletter of credit shall tae discha geduparl �resolition by3 'th�e �,au �� v, .,.� Town "rd 8 . Conifer and Ithaca Senior agree to furnish to the Town an abstract of title certified at least to the date of recording the said deed . The deed will be a warrainty deed with lien covenant. Copies of the revised map will be furnished in such amounts as will be sufficient for distribution to various Town officials and for filing . 9 . Upon the execution of this agreement and upon the acceptance of the insurance policy and letter of credit, the Town will accept the aforesaid deed , which will be recorded in the said Clerk' s Office concurrently with said deed . 10 . In the event Conifer and Ithaca Senior fail to make any payments to the Town as required hereunder, the Town may, at its option , pursue any one or all of the following remedies to enforce the collection of any such amount: a . The Town may bring an action at law to collect such amount as on a contract ; aTb . The amount of any such sum which remains unpaid and is due to the Town shall be a lien on the property presently owned by Conifer lying within the boundaries of the subdivision as shown on the subdivision development map hereinabove described , but such lien shall in no manner be effective against a bona fide purchaser or any separate lot on which a dwelling unit has been erected unless a notice of this lien signed by the Supervisor of the Town of Ithaca and indexed to Conifer describing specifically the amount due has been recorded or filed in the Tompkins County Clerk' s Office prior to the recording of the deed to such purchaser. The Town agrees that no such lien shall be so recorded or C:\Documents and Settings\Igoodb\Local Settings\Temporary Internet Files\OLK2\Road Acceptance Agreement rev 1 .doc DWalker 12/11 /2006 CONIFER DRIVE ACCEPTANCE AGREEMENT filed unless a notice in writing sent by certified mail , return receipt requested , has been sent to Conifer and Ithaca Senior at the address of Conifer and Ithaca Senior set forth at the beginning of this agreement or a such other address to which Conifer and Ithaca Senior shall have directed ( by written notice delivered to the Town ) , and 60 days have elapsed from the date on which such notice as mailed ; and either said sum has not been paid , or the Town and Conifer and Ithaca Senior have not adjusted the matter to the satisfaction of the Town . 11 . This agreement shall bind the parties hereto , their respective successors and assigns . 12 . Each Party represents and warrants to the other that the execution of this Agreement has been duly authorized by it and that the individual signing below has authority to execute this Agreement upon such party' s behalf. IN WITNESS WHEREOF , this agreement has been duly executed by the parties hereto . DATED : Conifer Realty , LLC By : Timothy D . Fournier, President Linderman Creek II Associates , LLC By : Conifer Realty, LLC , its managing Member By: Timothy D . Fournier, President Ithaca Senior Living , LLC By: Conifer Realty, LLC , its managing Member By : Timothy D . Fournier, President TOWN OF ITHACA BY: as Town Supervisor STATE OF NEW YORK ) SS . . COUNTY OF TOMPKINS) On this day of , 20 , before me , came to me personally known who , being by me duly sworn , did depose and say that s/he resides at , Ithaca, New York, and that s/he is the Supervisor of the Town of Ithaca , who executed the within instrument, and s/he acknowledges to me that s/he executed the same , and that such C:\Documents and Settings\lgoodb\Local Settings\Temporary Internet Files\0LK2\Road Acceptance Agreement rev 1 .doc Malker 12/11 /2006 CONIFER DRIVE ACCEPTANCE AGREEMENT execution was on behalf of the Town of Ithaca and that the Town Board of such Town duly authorized such execution . Notary Public STATE OF NEW YORK ) SS. . COUNTY OF TOMPKINS) On this I day of 20 _ , before me, came to me personally known who, being by me duly sworn , did depose and say that s/he resides at Ithaca , New York, and that s/he is the President of , the corporation described in and which executed the within instrument; that s/he knows the seal of said corporation ; that the seal affixed to said instrument is such corporate seal ; that it was so affixed by order of the Board of Directors of said corporation ; and that s/he signed his/her name thereto by like order. Notary Public C:\Documentsand Settings\lgoodb\Local Settings\Temporary Internet Files\0LK2\Road Acceptance Agreement rev 1 .doc Malker 12/11 /2006