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HomeMy WebLinkAbout032851-001i.lttk 5i 1 • 1 • -2- unk 574 %P. 611 ;,furnished all other title, maps, and other documents required by ',the Town and has paid for all title searches, filing and recor- Ilding fees and other fees and expenses incurred in this matter. i! I�Jonson agrees to pay all such expenses upon demand by the Town. !% 2. Notwithstanding the foregoing, Jonson agrees to complete the street hereinabove mentioned prior to August 1, 1980. Said Ii,street must be completed in accordance with the specifications established by the Town of Ithaca for completion of Town highways.i The final determination as to whether or not such street has been l completed in. accordance with the specifications of the Town shall l be made by the Town Highway Superintendent and the Town Engineer, 3. If Jonson fails to complete the said street as required by this agreement, or otherwise defaults in the performance of i this agreement, the Town may proceed to complete said street and Jonson agrees to pay to the Town on demand (i) the cost of com- pleting said street or (ii) any other expense or liability incurred by the Town hereunder, including, all necessary expenses, obligations and liabilities incurred by the Town hereunder. As partial security for the performance of such work, Jonson, at his expense, shall provide and maintain' a contract bond, letter'of credit, or other security approved by the Town, in such amount as the Town may require (which, for the present, has been established at $15,000) to assure performance by Jonson under this agreement. A copy of this agreement shall be attached to the bond and/or letter of credit and shall be delivered by Jonson to the local agent of the surety or the bank issuing the letter of credit. 4. Jonson agrees to furnish to the Town an abstract of title certified at least to the date of escrow of 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 Town officials and for j filing. 5. Upon execution of this agreement and upon the acceptance of the security by the Town, the Town Building Inspector is authorized to issue building permits for the lots hereinabove enumerated, it being also provided that an executed 0 574 PAGE M • -3- copy of this agreement will be recorded in the Tompkins County j Clerk's Office. 6, To the extent that the Town of Ithaca is required to expend any funds for the completion of said street or for any other purpose arising out of this agreement for which it has not been compensated, under the performance bond or letter of credit, or by Jonson, 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 contract; (b) Any such unpaid amount shall be added to any Town I !tax due and payable by Jonson on any of the property now or thereafter owned by Jonson in the Town of Ithaca. Said amount shall be added to the tax due on the first day of January next following demand for payment. by the Town. T, Until the street'is completed in accordance with Town I specifications, the Town assumes no liability of any kind resul- ting from the issuance of a permit for construction on a lot fronting on the aforesaid street or arising from the use of any such street by any person; any person using any such street does so at his own risk insofar as the Town is concerned. 8. Jonson Homes, Inc, and Ivar Jonson individually, agree to save and hold harmless the Town of Ithaca, I' !its officials and employees, from any and all claims, expenses, costs, or liability of any kind which may arise for any cause, jwhether injury to persons, property or otherwise by virtue of the lissuance,of building permits prior to the completion and construo- t tion of the road and acceptance thereof by the Town, Jonson i Homes, Inc, and Ivar Jonson agree that all proper (measures will be taken to provide safe access over said street for pedestrians and vehicles until such time as the work is 1 11 1 • 1 • 1 1.p 5771 PA6E 613 completed to the satisfaction of the Town and the deed is I recorded. 9. In order to insure that all steps have been taken by •i I Jonson to complete the dedication of the street to the Town, Jonson has executed and delivered concurrently herewith, a deed conveying Lisa Lane to the Town for purposes of a public street. This deed is received by the Town in escrow and will beheld by the Town in escrow until the Town Board accepts the street when it has been completed according to Town specifications. Until such time, Lisa Lane will not be a public street. A. It is understood that if the Town elects to exercise its right to complete the construction of the street, the Town shall record the deed and the street shall then be deemed to be a public street thereafter. 10. The resolution of October 1, 1979, will be rescinded and supplanted by a resolution approving this agreement. This agreement is subject to such approval. This agreement shall bind the parties hereto, their respec- tive successors, distributees, representatives, and assigns. IN WITNESS WHEREOF, this agreement has been executed by the said Jonson', and the said Town of Ithaca. S E A L a JONSON HOMES, INC. By:J..�_L.3 IVAR JONSON, In vidually TOWN OF ITHACA ,i I,IDtK 574 PACE U4 STATE OF NEW YORK ) : SS COUNTY OF TOMPKINS ) On this 16th day of November, 1979, before me personally j came IVAR JONSON to me known, who being by me duly sworn did depose and say: that he resides in the Town of Ithaca in said County of Tompkins, New York, that he is the President of JONSON HOMES, INC., the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is the corporate seal of said corporation, and was affixed to said in- strument by order of its Board of Directors for the uses and purposes therein expressed; and it by like or did subscribe his name thereto. rz Notawirrs �',SIar1',),'Cos 1 in t u 13�111,(--int x , lutih STATE OF NEW YORK ) SS COUNTY OF TOMPKINS ) On this 16th day of November, 1979, before me personally came NOEL DESCH to me known, who being by me duly sworn, did depose and say, that he resides in Ithaca, New York, that he is the Supervisor of the Town of Ithaca, the municipality described in and which executed the within instrument; that he knows the seal of said municipality; that the seal affixed to said instrument is such municipal seal; that it was so affixed by order of the Town Board of the Town of Ithaca, and that he signed his name thereto by like order. tary Public 7ANIFS V. P.uvnuCos Notary Pu',lic. SIM C- of New York No. S5-m2F.,uu Qualified in '1'ue skins County Term Expires Murch 30, 19 tb 1 • 1 0 1