HomeMy WebLinkAbout2016-05969 4�rs cay,� IIII I IIIIIIIIIIIIIIII I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II
Tompkins County Clerk Recording Page
Return To Maureen Reynolds, County Clerk
TOWN OF ITHACA Tompkins County Clerk
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: MISC Receipt Number: 16-128894
Party 1 Party 2
ITHACA TOWN OF ST CATHERINE OF SIENA
Fees
Recording Fee $0.00 Instrument #: 2016-05969
Pages Fee $0.00
State Surcharge $0.00
Total Fees Paid: $0.00
State of New York
County of Tompkins
Filed on June 1 st, 2016 at 2:39:52 PM with a total
page count of 10.
Tompkins County Clerk
This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York
MR Do Not Detach
2016-05969 06/01/2016 02:39:52 PM
St Catherine ojSiena Parish Center Stormwater Maintenance Agreement—(OS12712016)
OPERATION,MAINTENANCE,AND REPORTING AGREEMENT
THIS AGREEMENT is effective thi ✓' day ofMCL 20A by and between the
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TOWN OF ITHACA,a municipal corporation"with offices at 215 tQorth Tio a Street,Ithaca,New
York 14850(the "Town"),and St Catherine of Siena,Parish Center,302 St Catherine Circle,
Ithaca,NY 14850 (the"Owner").
WITNESSETH:
WHEREAS,the Owner received final site plan/special permit approval for construction of a
new parish center(the"Approval")from the Town's Planning Board by resolution number 2016-010
dated 02/02/2016 on tax parcel 71.-1-10 at 302 St Catherine Circle,Ithaca,NY 14850 in the Town
of Ithaca,Tompkins County,New York; and
WHEREAS,such Approval was granted conditionally upon the construction,maintenance
and implementation of approved stormwater facilities and/or other stormwater management
practices,submission of stormwater inspection reports,and an agreement with the Town regarding
the same;
NOW,THEREFORE,in consideration of the granting of the Approval and in furtherance of
the public purposes of providing adequate stormwater retention and maintenance,the parties agree
as follows:
1. Construction of Facilities and ImQlementation of Practices.
(a) The Owner agrees to construct all of the stormwater management facilities,erosion and
sedimentation control facilities and storm drainage facilities (collectively referred to as the
"Facilities")shown on the final plans which are part of the Approval,copies of which are on file in
the Town of Ithaca offices. Without limiting the foregoing, the Owner agrees to construct,at its
expense:
(i) The Dry Swale which shall be located substantially as shown on the sheet C-105
"Grading and Drainage Plan" (referred to in this Agreement as the"Drawings");and
(ii) All other Facilities, including pipes, mains, drains, outlet and inlet structures,
manholes, and all other drainage-related facilities and structures,whether above or below
grade,which shall be located substantially as shown on the Drawings; and
(iii) Such future Facilities as may be required to be constructed by applicable laws,
rules, or regulations.
(b) The Owner further agrees to implement, at its expense, all approved stormwater
management practices ("Practices"), in addition to the Facilities, that are required as part of the
Approval,and such future Practices as may be required by applicable laws, rules,or regulations.
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St Catherine of Siena Parish Center Stormwaier Maintenance Agreement —(05/11/1016)
(c) All of the Facilities and Practices in subparagraphs(a)and(b)above shall be constructed
and implemented as shown on the Drawings, in accordance with good engineering practice and
applicable New York State standards and specifications, and to the reasonable satisfaction of the
Town Engineer.
2. Inspection, Maintenance and Repair of Facilities and Practices. The Owner agrees for
itself,its legal representatives,successors and assigns and any other persons or entities who obtain
title to or an interest in any portion of the properties on which any of the Facilities or Practices are
located, such agreement being expressly intended to run with the land and be binding forever, to
operate,maintain and repair the Facilities and Practices to insure that they continue to function for
their intended purpose and as designed. In furtherance of such obligation,and without limiting the
obligations set forth in the preceding sentence,the Owner agrees to follow the maintenance plan for
regular and recurring inspections and maintenance of the Facilities and Practices which is part of the
Approval and is set forth in the approved St.Catherine Of Siena Parish Center Stormwater Pollution
Prevention Plan dated 1/27/2016 and prepared by T.G. Miller P.C. In addition, the Owner shall
perform such other inspections,maintenance and repair as may be reasonably required by the Town
Engineer in order to assure the continued operation of the Facilities and Practices as intended and
designed. The Owner, at its own expense, shall perform all of the foregoing inspections,
maintenance and repair and any other inspections,maintenance and repair reasonably necessary to
keep all Facilities and Practices functioning in a good and workmanlike manner.
3. Town Inspections,Repair and other Activities. The Owner shall grant to the Town the
permanent easement and right-of-way which is attached to this Agreement as Exhibit A. The Owner
agrees the Town may enter upon the property described in Exhibit A or any portion thereof for the
purposes of observing and inspecting the Facilities and Practices at any time and from time to time
as may be deemed appropriate, necessary or desirable by the Town, the Town Engineer, or other
officers or employees of the Town,and to make repairs to and undertake other actions regarding the
Facilities and Practices as set forth below. If maintenance deficiencies are found as a result of such
inspections,the Town Engineer will notify the Owner in writing,and the Owner shall cause needed
repairs to be made and/or needed maintenance performed within the number of days set forth in such
notice. If the Owner fails to complete the repairs and/or maintenance to the satisfaction of the Town
Engineer within the required period,the Town reserves the right(but does not have the obligation)
to have the repairs made and/or maintenance performed and will charge the Owner for the cost of
such repairs and maintenance. The Owner agrees to pay for such repairs and maintenance within 10
days after demand for same. Notwithstanding the foregoing, if an emergency exists requiring
immediate action, the Owner hereby authorizes the Town, its officers, agents, contractors and
employees, to enter upon the property and effect emergency repairs to and perform emergency
maintenance on,and/or to alter,remove,replace,or change the size of,any portion of the Facilities
or Practices in the event of a threat to the safety of the Facilities,Practices or properties adjacent to
or downstream of any portion of the Facilities or Practices, with the cost of such activities to be
reimbursed by the Owner to the Town within 10 days of demand for same. When any portion of any
Facility or Practice is located off-site or on the property of a third party,the Owner,at its sole cost
and expense,shall obtain easements and rights-of-way thereto acceptable to the Town.
Page 2 of 7
05127/16
2016-05969 06/01/2016 02:39:52 PM
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2016-05969 06/01/2016 02:39:52 PM
St Catherine of Siena Parish Center Stormwater Maintenance Agreement —(05/27/2016)
Tompkins County, New York" dated 5/23/2016, prepared by T.G. Miller, P.C., Engineers and
Surveyors,Ithaca,New York,filed concurrently herewith and incorporated herein by reference.
FURTHER WITNESSETH: That the Grantor further hereby grants and releases unto the
Town, its successors and assigns forever, an EASEMENT for access by vehicles, persons and
equipment over the Premises as shown on Exhibit A, for the purpose of accessing the
aforementioned stormwater easement."
4. Contest of Bills. In the event the Town makes repairs or undertakes emergency activities
as described in paragraph 3 above and issues a demand for reimbursement,and the Owner disputes
either the need for the repairs/activities or the cost of the repairs/activities, the Owner, in lieu of
paying the amount demanded shall, within 10 days of receipt of the demand, deliver to the Town
Clerk at the Town offices a Notice of Contest stating that the need for the repairs/activities,or cost,
or both,is in dispute and concisely stating the basis for the dispute. Failure to serve such a Notice of
Contest shall be deemed a waiver of any claim or defense that the amount demanded is not justified.
If the Notice of Contest is timely filed,the Town shall,within forty-five days of the filing,arrange
for a hearing before the Town Board which, based upon any relevant materials presented by the
Town Engineer and the Owner,shall issue a resolution determining the dispute within 10 days after
the hearing. Such resolution shall be filed with the Town Clerk,who shall arrange for delivery of a
copy ofthe resolution to the Owner,within five days after such filing,at the address for such Owner
set forth at the outset of this Agreement or at such other address as the Owner may designate in
writing to the Town Clerk and Town Engineer. If the Owner disagrees with the resolution, it may
bring a proceeding pursuant to Article 78 of the Civil Practice Law and Rules of the State of New
York,provided such proceeding is commenced within 30 days of the filing with the Town Clerk of
the decision of the Town Board. The Owner agrees to the shortened statute of limitations of 30 days
within which it must assert its claims in any Article 78 proceeding. Failure to timely institute such a
proceeding shall be deemed an agreement with the decision of the Board.
5. Addition to Taxes. In the event the Town makes repairs or undertakes emergency
activities as described in paragraph 3 above and the Owner fails to reimburse the Town for the cost
of said repairs/activities within 10 days after the demand for same, or, if contested by the
proceedings set forth above,fails to so reimburse within 30 days of the filing of the final decision on
the contest determining the amount due to the Town,then such unpaid costs,expenses and interest at
the per annum rate of 9% incurred from the date of repair/activity shall constitute a lien upon the
land on which the Facilities or Practices are located. The Town may bring a legal action or
proceeding to collect such costs,expenses,interest,and recoverable attorney's fees,or to foreclose
such lien. As an alternative to the maintenance of any such action,the Town may file a certificate
with the Tompkins County Department of Assessment stating the costs and expenses incurred and
interest accruing as aforesaid,together with a statement identifying the property and Owner so that
the Tompkins County Department of Assessment shall in the preparation of the next assessment roll
assess such unpaid costs,expenses and interest upon such property. Such amount shall be included
as a special ad valorem levy(administered as a move tax)against such property,shall constitute a
lien,and shall be collected and enforced in the same manner,by the same proceedings,at the same
time, and under the same penalties as are provided by law for collection and enforcement of real
property taxes in the Town of Ithaca. The Owner agrees that the assessment of such costs,expenses
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St Catherine of Siena Parish Center Stormwater Maintenance Agreement—(05/27/2016)
and interest shall be effective even if the property would otherwise be exempt from real estate
taxation. In any action or proceeding brought hereunder, the prevailing party shall be entitled to
recovery from the other party of its reasonable costs in prosecuting or defending any action,
including reasonable attorneys' fees. The prevailing party shall be determined by the court
determining the matter. "Prevailing party"shall mean a party which is awarded all or substantially
all of the relief demanded by such party.
6. Inspection Reports. The Owner shall submit an annual stormwater inspection report to
the Town Engineer on or before the first day of October of each year, with the first report being
submitted the first October following the issuance of the Building Permit. Notwithstanding the
foregoing, Owner shall submit stormwater inspection reports on a more frequent basis or on a
different timetable where required by the Approval or by law,rule or regulation. Such reports shall,
at a minimum, include the location of the property, Owner's contact information, a summary of
completed inspections and results of such inspections,and a summary of any maintenance activities
or corrective actions undertaken. Reports shall be signed by the Owner or other legally responsible
party,and shall attest to the accuracy of the information provided in the report. Failure to submit the
reports,or the submission of inaccurate reports,shall constitute a condition of non-compliance with
the site plan/special permit Approval and be subject to enforcement as outlined below.
7. Alterations and Discontinuation of Facilities and Practices. The Owner shall not
authorize, undertake or permit alteration, abandonment, modification or discontinuation of the
Facilities or Practices except in accordance with written approval of the Town and pursuant to any
applicable requirements for modification of site plans/special permits.
8. Additional Requirements. The Owner shall comply with all Town of Ithaca stormwater
operation,maintenance or reporting local laws,ordinances and regulations as they now exist or are
hereafter added or amended. The parties agree to amend this Agreement as necessary to incorporate
the requirements of any new or amended laws,ordinances or regulations.
9. Recording. This Agreement shall be recorded in the office of the Tompkins County Clerk
and when recorded shall be referenced to the deeds for tax parcel 71.4-10. The costs of recording
and referencing to affected deeds and parcels of land shall be the responsibility of the Owner.
10. Binding Effect and Enforcement.
(a) The Owner, its legal representatives, successors and assigns, and any other
persons or entities who obtain title to or an interest in any portion of the properties on which
any of the Facilities or Practices are located shall be bound by the terns of this Agreement.
The Owner shall execute whatever documents are necessary to make this Agreement binding
on any persons or entities who obtain title to,or an interest in,any portion of the properties
on which any of the Facilities or Practices are located.
(b)Failure to comply with any of the requirements of this Agreement shall,without
limiting the remedies otherwise available to the Town, constitute a condition of non-
compliance with the site plan/special permit Approval, shall be deemed a violation of the
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S1 Catherine of Siena Parish Center Starmwater Maintenance Agreement —(OS12712016)
Town's Zoning Ordinance,and shall be subject to enforcement as outlined in Section 270-
239 of the Town of Ithaca Code and Section 268 of the Town Law.
11. Representation as to Authority. Each of the persons executing this Agreement on behalf
of the parties represents that he or she has full authority to execute the same on behalf of his or her
party,and that by his or her execution,the party for which he or she is executing this Agreement is
fully bound by its terms.
12. Limitation upon Town Liability and Indemnity. The Town shall not be liable or
responsible for any injury to persons or damage to property due to the Town's actions,or failures to
act,under or pursuant to this Agreement,unless it is proven to a reasonable degree of certainty that
such injury or damage was caused by a reckless or intentional wrongful act of the Town or,where
the Owner is not in breach of this Agreement and no emergency situation exists, by the Town's
negligence. The Owner agrees to indemnify and hold harmless the Town and its elected officials,
employees,agents,subcontractors and consultants for all damages,losses and claims that arise out of
the Owner's and/or Town's actions or failures to act under or pursuant to this Agreement,except this
indemnification shall not extend to the proportion of damages, losses and claims caused by a
reckless or intentional wrongful act of the Town or,where Owner is not in breach of this Agreement
and no emergency situation exists, by the Town's negligence. Such indemnity shall include the
costs of defending any action, including reasonable attorney fees,expert fees,and other litigation
costs.
13. Waivers. Where the Town Board finds that, due to the special circumstances of a
particular case, a waiver of certain requirements in this Agreement is justified, a waiver may be
granted. In all cases, no waiver shall be granted unless the Town Board finds and records in its
minutes that: (1) granting the waiver would be in keeping with the intent and spirit of this
Agreement, and is in the best interests of the community; (2) there is no adverse effect upon the
character,appearance,or welfare of the neighborhood and any watercourses,watersheds,or surface
waters; (3)there are special circumstances involved in the particular case; (4)denying the waiver
would result in undue hardship,provided that such hardship has not been self-imposed;and(5)the
waiver is the minimum necessary degree of variation from the requirements of this Agreement.
14. Assignment. The Town may assign this Agreement and any of its rights, duties and
obligations to any successor entity or governmental institution, or to any one or more drainage or
other districts hereafter created by the Town.
15. Severability. In the event that any portion of this Agreement is declared invalid by a
court of competent jurisdiction,the validity of the remaining portions shall not be affected by such
declaration of invalidity.
IN WITNESS WHEREOF,the parties have executed this Agreement effective the day and
year first above written.
Page 6 of 7
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St Catherine ojSiena Parish Center Stornnvater Maintenance Agreement -(05/27/2016)
TOWN OF ITHACA
,SLQ-;z- I Pof6 By; INA �t� 11�
Date William D. Goodman, Supervisor
ST CATHERINE OF SIENA CHURCH
65 Z 7• / By: %
Date [Name#d title ofign ory[
STATE OF NEW YORK
COUNTY OF TOMPKINS : ss.:
On the Jay of in the year 20,Vbefore me,the undersigned, personally
appeared personally known to me or proved to me on the basis of
satisfact) evid&ice to be the in ivid al(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
SMARON I&""ANF-LLA
Notay Publle,State of blew York
No.4818M
STATE OF NEW YORK tallied in Tompkins
COUNTY OF TOMPKINS :ss.: Term expired Dari:31;
On the �4 day of in the year 20/Aefore me, the undersigned, personally
appearedA. kM-Verionally 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.
Nottry Public
PAULUM TERWIWGER
Page 7 of 7 Notary No.Ot1��5 goyim�
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05/27/16 ttimmilssion Expftes DW=ber 4,204C,
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