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A G R S E M 8 N T � %N,
{ THIS AGREEMENT, made between EASTWOOD 0DMNONS DEVELOPMENT
COMPANY, a general partnership formed under the laws of the State t?
of New York with an office at 100 Fairview Square, Ithaca, New J
York, and the TOWN OF ITHACA, a municipal subdivision of the t. IX
State of New York with offices at 108 East Green Street, Ithaca,
New York, i
AWITNESS E233 i
WHEREAS, Eastwood Commons Development Company (the
"Company") has requested the Town of Ithaca (the "Town') to {
accept a deed, for Tarn highway purposes, by which the Company j
will convey to the Town the strips of land shwa as proposed
road 'A", proposed road "8", and Wildflower Drive on a map 1
1
entitled 'Subdivision Plat--Development Plan--Phase I Eastwood
Coamons' made by F. Donald McBee, revised July 31, 1973 and
August 14, 1973 and filed in the Tompkins County Clerk's Office
on September 11, 1973 in 1970 map book at pages 112-115; and '
WHEREAS, proposed rcgads "A" and "B" and II portion Of ,
' Wildflower Drive have not yef been completed to the Town of Ithaca
specifications; and
WHEREAS, .the Town is willing to accept a conveyance of
said roads although they have not as yet been completed provided,
however, that the Company complies with certain conditions here- !'
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inafter set forth.
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NOW, THEREFORE, in order to induce the said Town to accept
the title to said strips of land for highway purposes and in
consideration of the premises and the mutual agreements herein-
after set forth, it is agreed as follows:
1 The Town will accept a conveyance of said roads.
2. The Company agrees to complete said roads in the
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boundaries of the right of way as conveyed by the Company to e
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uta 531 ►AGE ZOO
Tows concurrently herewith. Said ,roads mast be QQWI*tod 1u
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accordance with the specifications established by the Zan of 3
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Ithaca for completion of Town highways prior tm,their acceptance
by the Town as Town highways. The final deterninat"m as to
whether or not such road has been completed in accordance with
the specifications of the Town shall be made by the Town Board
upon the recommendation of the.Town Highway Superintendent. Such
roads must be completed not later than June 1, 1973.
3. The Company agrees to install permanent cosGrete
monuments with steel or iron pipe inserts, in accordance with
specifications furnished by the Town Highway Superintendent, such
monuments to be installed at each of the four corners formed by
the intersection of Wildflower Drive with proposed road 'X' and
proposed road_'B'f in addition, such monuments shall be placed
at each terminus of the respective boundary lines of Wildflower
Drive and proposed road 'A• and proposed road 'B'. Such
shall be be installed within the period required for the completion
of t1le_Jroads as hereinabove set forth.
4. As to those portions of the roads which be" not yet
i been completed to the Town's specifications, the Company agrees
ito maintain such portions in such condition that they will be
( safe for passage of persons and vehicles until such gime as they t
are completed to the Town's specifications. 1
the unfinished por-
The Town consents to the en on
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tions of said roads by the Company and the contractors .a" agents
of the Company for the purposes of maintaining and completing
the roads in accordance with this agreement.
f. The Company agrees that upon completion of the roads,
it will furnish a revision of the aforesaid map, to be certified
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by a competent surveyor, showing the monuments at the locations
hereinabove described.
_7 The Company agrees tom,indemnify and, save and hold
hazmless the Town, its officers (including the Town Superintendent j
of Highways), agents, contractors and employees from and against
all suits, claias, loss, liability or expense (including costs
and attorney's fees) by reason of any liability imposed upon the j
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Town or any or all of the foregoing perRons for damages because
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of any injury to persons, including bodily injury and death, or
because a any damage to propezty, inclining loss of use thereof, E�
resulting-from any condition of the uncompleted portions of the i E
said streets or which may result from any work or operations on P
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the said uncompleted portions of said streets by the Company,
its contractors, agents, employees or ipvitees. !
U this respect, the Company shall provide and maintain
at its own expense insurance coverage for public liability and `
for the contractual liability of the Company under this agreement.
Such policy shall provide or include coverage for all operations
the Company in completing the work on the streets required by this
agreement; completed operations; personal injury and broad form
property damage. The amount of the policy shall be at•least
$10.0,000/500,000/100,000. The policy shall be reviewed by the
Town's insurance counsel to determine whether it meets the re-
quirements of this agreement and the Company shall comply with any
reasonable requirement of the insurance counsel.
B. if the Company fails to complete the said roads as
required by this agreement, or otherwise defaulUtin the performanct '
{ of this agreement, the Town may proceed to complete said roads and
Y i? the Company agrees to pay to the Town on .demand the cost of com-
plating said roads including all,necessary expenses and obligation
and liabilities insured,; by the Town in connection with completing
said work. As partial security for the performance of such work,
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rote 531. no 202 =`
the Company, at its expense, shall provide and maintain 'a contra
bond, satisfactory to the Town, in such amount as the Town say ' .
require (which, for the present, has been established at $6,000.00
and-which the Town will not accept). A copy of this agreement ohs
be aitached•,to the bond and shall be delivered by the Company to '•
the local agent of the Surety. s
9.., The Company agrees 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 warranty deed with lien covenant. Copies;
of the revised map will be furnished in such amounts as will be '
sufficient for distribution to various Toren officials and for E`
filing.
10. Upon the execution of this agreement and upon the
acceptance of the insurance policy and contract bond, the Town wilL
accept the aforesaid deed which will be recorded, provided that an
executed copy of this.agreement is recorded in the said Clerk's
Office concurrently with said deed.
11. To the extent that the Town of Ithaca is required to
expend any funds for the completion of said streets for which it
has not been compensated, under the performance bond, or by the
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Company or in any other manner, the Town may, at its option,
pursue any one or all of the following remedies to enforce the
collection of any such amount:
(a) The Town may bring an action at law to collect ,
such amount as on a contracts
(b) Any such unpaid amount shall be added to any Town
Tax due and payable by the Company on any of the property then own
deed recorded in Book 510 of Deeds at page 626. '
by the Company apd:_A&RuireAj frow.1� os A*_:pY1w,.,by/Said amount shall zJ,
be added to the tax due on the first day of January next following
demand for payment.by the Town, but this tax shall not be levied
pp 4
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isa 5U na 203
and assessed on any separate lots which have been conveyed prior
to such first day of January to a bona fide purchaser=
tc) The amount of any such sum which remains unpaid and t
is due to the Tam shall be a lien on the property then owned by
the Company and lying within the boundaries of Phase I as sboum
on the subdivision development map hereinabove described,•but such
lien shall in no manner be effective against a bona fide purchaser
of any separate lot (i.e., Lots A, 8, C, or D) 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 Eastwood Comao
Development Company describing specifically the amount due has beei
recorded in the Tompkins County Clerk's Office. The Tam agrees
that no such lien shall be recorded unless a notice in writiag
sent by certified mail, return receipt requested, has been sent `
to Eastwood Commons at the following.addresss 100 Fairview Squarer
Ithaca, New York 14850; and 60 days have elapsed from the date .an _
which such notice was mailed; and (a) any monies due to the Town f,
under this agreement have not been paid; or (b) the Town and; the
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Company have not adjusted the matter to the satisfaction of
-Town. Notwithstanding any other provision of this paragraph•, 'the
aforesaid lien shall not be effective against any separate lot
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which has been conveyed to a bona fide purchaser prior to the
recording of the notice of lien as hereinabove provided .and the Utle '';
of any such bona fide purchaser and all easements, rights and
privileges which any bona fide purchaser has finder any deed or t
* other instrument of conveyance of any such separate lot shall be t
free of and unaffected by any such lien which the Town may have
hereunder. Upon the request of the Company, the Tam Clerk or }
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other authorized officer shall issue a certificate which shall d
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a certify specifically as to whether a notice of lien has been filegi
or recorded as herein provided.
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12. The Ifown agrees to record, in the Tompkins County
Clerk's Office, a"",notice of cancellation of this agreement upon
the completion of the.roads and the performance. by the company of
an.its obligations hereunder, including payment�vf;all- suss due
to the Town. F.
13. .This agreement shall bind the parties hereto, their
respective successors and assigns. ''
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Ili MITNESS MHEREOF, this agreement has been duly executed
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DATEDe S1e'f$#7V EASTWOOD COMMONS DEVELOPMENT COMPANY-
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By
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THE TOWN OF ITHACA ,
BY
STATE OF NEW YOB s
COUNTY OF TOPMUMS $.ss
On the Qr day of I 1974, before me came r
NORBERT R. SCHI5M, JR. to menown,wfo being by me duly sworn,
did depose and say that he resides at 100 Fairview Square, Ithaca,
New York, that he is a general partner of Eastwood Commbns Develop
went Company,-the partnership described in and which executed the
foregoing instrument, that he was fully authorized by said partner-
ship to execute said instrument, that he executed said instrument
and such execution was on behalf of sa partnership.
Notarx ub is
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2�otarT'YH+c 55•a'.,c :yew Yurt
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STATE OF NEW YORKs Bf Cr+55icd a much 3% 107s
COUNTY OF TOMPKINS Tae EX"
LSA , 1974, before me person-
On the `day of jU
t Ially came WALTER SCHWAN to me knc n,�Tw o being by me duly sworn, `
did depose and say that he resides at 16 Muriel Street, Ithaca,
New York, that he is the Supervisor of the Town of Ithaca, the
municipal subdivision described in and which executed the above
instrumentt. that he knows the seal of said municipal subdivision;
that the seal affixed to said instrument is such corporate seal;
+ that it was so affixed by or of the Board of said municipal
P subdivision, and that he a. a his name th reto by like order.
N tart' P c
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JAMV.BUyOUOM
lMfy Public.State of N q}
No.;S15511���, p ,
`E!" &semin Toropkie,
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A tree to"OF xn edginal mcMd"OR o�+9 T M of`
.'A V 6-sZT lm4 - 4!-40 endo*ML-eel eRweinei Clerk