HomeMy WebLinkAbout05-19-04 Planning & Economic Develoment Committee Meeting Agenda MEETING NOTICE
City of Ithaca
Planning, Neighborhoods & Economic Development Committee
Wednesday, May 19,2004
Common Council Chambers
City Hall-- 108 East Green Street
7:30 p.m.
Agenda
A. Agenda Review
B. Public Comment and Response
C. Announcements and Reports
1. Department of Public Works -Report 15 minutes
2. Traffic Calming-Report(material enclosed) 10 minutes
3. Route 13 Access Management-Report 10 minutes
D. Action Items
1. Grant from the Neighborhood Improvement Incentive Fund - Resolution 10 minutes
2. Exception to Community Development Block Grant (CDBG)
Conflict-of-Interest Regulations for INHS Loan - D. Mazzarella -Resolution
(material enclosed) 10 minutes
3. Empire Zone Support and Concurrence- Resolution (material enclosed) 10 minutes
4. Seneca Place On The Commons: Consent to Assign Parking Rights
(Cascade Plaza LLC to M & T Real Estate, Inc.) - Resolution 15 minutes
(material enclosed)
E. Other Items
1. Green Street Garage Study- Discussion 20 minutes
2. The Public Role in Economic Development- Discussion 15 minutes
F. Approval of Minutes -April 21,2004 (to be distributed) 5 minutes
G. Adjournment
Questions about the agenda should be directed to Mary Tomlan,Chairperson(272-9481)or to the appropriate staff
person at the Department of Planning&Development(274-6550). Back-up material is available in the office of the
Department of Planning&Development. Please note that the order of agenda items is tentative and subject to
change.
If you have a disability and require accommodations in order to fully participate,please contact
the City Clerk at 274-6570 by 12:00 noon on Tuesday, May 18, 2004.
Planning, Neighborhoods & and Economic Development Committee
May 19,2004
Minutes
Committee Members Attending: Mary Tomlan, Chair; Michelle Berry; Dan Cogan; Pam
Mackesey; and Gayraud Townsend
Other Elected City Officials Attending: Maria Coles, David Whitmore, Joel Zumoff, and
Mayor Carolyn K. Peterson.
City Staff Attending: Nels Bohn, Director of Community Development; Larry Fabbroni,
Assistant Superintendent of Public Works; Rick Ferrel, Assistant Superintendent of Public
Works; Bill Gray, Superintendent of Public Works; Tim Logue, Economic Development and
Neighborhood Planner; Doug McDonald, Director of Economic Development; Khandikile
Sokoni, Associate Attorney; and H. Matthys Van Cort, Director of Planning & Development
Others Attending: Gary Ferguson, Director of Ithaca Downtown Partnership; Paul Mazzarella,
Executive Director of Ithaca Neighborhood Housing Services
Meeting was called to order by Mary Tomlan at 7:35 p.m.
A. Agenda Review
Tomlan announced that discussion of the proposed Planned Unit Development(PUD) would
be postponed until the July meeting and that there would be no discussion of Route 13 access
management. There would, however, be a discussion of a possible grant application for
improvement to a part on Inlet Island. She said the discussion of the Green Street Parking
Garage would be limited to the emergency repairs, and that there were no minutes available
for approval.
B. Public Comment and Responses:
Danny Pearlstein gave a brief history of the City of Ithaca's zoning for Cornell University,
and he spoke against the proposed Redbud Woods parking lot. He requested an amendment
to the current U-1 zone that would regulate portions of the zone that are within 200 feet of a
residential zone.
John Schroeder, a former Common Council member and former chair of the Planning and
Development Committee, said the intent of the U-1 zoning district was to lower the number
of cars that would be driven to campus and not to reduce protection for adjacent
neighborhoods. Schroeder said that he wanted a special permit requirement to be put back
into the Zoning Ordinance for certain types of construction where the campus abuts
surrounding residential neighborhoods.
Joyce Muchan expressed concern about possible toxic contamination on Spencer Street and
South Cayuga Street, and asked for a series of documents related to surrounding properties.
Muchan also said that as a member of the Tompkins County Human Rights Commission,
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she has concerns about the arrest of council member Gayraud Townsend and about the
purchase of TASERs by the City of Ithaca Police Department, noting that no public hearing
had been held on their purchase.
Guy Gerard suggested that brick paving be used for traffic calming.
Pam Mackesey expressed concern regarding the toxic contamination from Morse
Chain/Emerson Electric. She and Maria Coles will be organizing a neighborhood meeting on
the matter.
Michelle Berry responded regarding the TASERs; the need for communication with the
neighborhood about the toxic contamination on South Hill; the Redbud Woods area; and the
treatment of Townsend.
Townsend encouraged Pearlstein and others to persist in their efforts.
Dan Cogan asked how quickly a zoning change could be enacted. Thys Van Cort said it
should not take longer than 60 days after first hearing by the Planning,Neighborhoods &
Economic Development Committee. Mackesey and Coles spoke in favor of a transition zone
to protect the area around the University. The consensus of committee members was that
staff should pursue drafting of such a zoning amendment.
C. Announcements and Reports
1. Department of Public Works—Report
Bill Gray gave introductory remarks, saying the description of the Department would be
very limited. He gave a summary of the department's activities, facilities, and
employees.
Rick Ferrel spoke about the work of the Streets and Facilities Division. The Division has
reduced levels of work force and is falling behind on maintenance of the City's
infrastructure. He noted that the addition of parks, trails and traffic calming features
requires additional maintenance.
Larry Fabbroni described the increasing professionalism of the Division of Water and
Sewer staff. Fabbroni said that the Division might better be named the Environmental
Services Division. Fabbroni asked for more support from the Common Council.
Berry thanked Fabbroni for welcoming Council members to visit the Division's facilities
and expressed concern about employee well being.
Mackesey expressed support for the work of the Department of Public Works.
2. Traffic Calming—Report
Tim Logue reported to the Committee on the status of the City's traffic calming program.
Logue said that he planned to put the Buffalo Street traffic calming project out to bid now
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while discussions with the neighborhood continued on the traffic calming for the South
Side neighborhood.
Coles asked that Cliff Street be reconsidered for traffic calming.
Berry commented on the slightly raised crosswalks at the Southside Community Center
on South Plain Street.
Gray said that the City was still learning about traffic calming.
Van Cort said that we had tried to design a state-of-the-art system of traffic calming, and
the first efforts were considered as a pilot effort.
Townsend asked about the intersection of College Avenue and Dryden Road.
Berry said the intent of her remarks was not to have department heads defend their efforts
but rather she wanted to express concerns raised by her constituents.
Mackesey asked there be a time on the agenda for Council members to talk about
concerns expressed by people in their wards.
Tomlan said that she would try to accommodate this request at future meetings.
Mayor Peterson said she planned to hold a Community Forum on traffic.
3. Route 13 Access Management-Report
There was no report.
D. Action Items
1. Grant from the Neighborhood Improvement Incentive Fund
Tomlan explained the request by the Cornell Public Service Center for$300 for costs
associated with the annual Martin Luther King, Jr., Day event.
After some discussion and on a motion by Cogan, seconded by Mackesey, the Committee
unanimously voted in favor of the proposed grant and directed that it be referred to
Common Council for Action. (4-0; Berry was not present for this vote)
2. Exception to Community Development Block Grant (CDBG) Conflict-of-Interest
Regulations for INHS Loan—D. Mazzarella - Resolution
Tomlan explained that the request was to enable a loan to be made to the brother of
Ithaca Neighborhood Housing Services (INHS) Executive Director Paul Mazzarella
under the Energy Smart Loan Program. This loan would be funded through INHS's
Revolving Loan Fund, which is primarily capitalized by CDBG funds.
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Paul Mazzarella explained the Ithaca Neighborhood Housing Services and the Housing
and Urban Development(HUD) regulations and procedures regarding conflict of interest.
After some discussion and on a motion by Mackesey, seconded by Berry, the Committee
unanimously voted in favor of the proposed exception and directed that it be referred to
Common Council for Action. (5-0)
3. Support and Concurrence with the Schuyler County Empire Zone Revision
Application—Resolution
After some discussion and on a motion by Cogan, seconded by Townsend, the
Committee unanimously voted in favor of the proposed Resolution of Support and
Concurrence and directed that it be referred to Common Council for Action. (5-0)
4. Seneca Place On The Commons: Consent to Assign Parking Rights (Cascade
Plaza LLC to M&T Real Estate Trust)—Resolution
Tomlan explained the proposed consent to the assignment of parking rights
previously awarded to Cascade Plaza LLC to the bank primarily financing the
project. Khandikile Sokoni expanded on the proposal and answered questions
from the Committee.
Coles asked whether this changed the agreement.
Joel Zumoff expressed dismay at the original agreement.
Tomlan asked whether the assignment referred also to the spaces promised to the
office users. Nels Bohn joined Sokoni and said that the assignment refers to all
parking rights.
After brief discussion and on a motion by Mackesey, seconded by Townsend, the
Committee unanimously voted in favor of the proposed exception and directed
that it be referred to Common Council for Action. (5-0)
E. Other Items:
1. Green Street Garage Study—Discussion
Van Cort and Gray explained the current status of design for interim repairs on the Green
Street Garage. Questions and answers followed.
2. The Public Role in Economic Development—Discussion
Doug McDonald and Gary Ferguson gave a power point presentation that explained the
need for public participation in downtown economic development projects.
3. Environmental Bond Act Grant Application
Logue explained the staff recommendation that the City make an application to the State
of New York for a grant to help pay for improvements to Brindley Park. A 50% match of
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J s
City resources would be required. Force account contribution may be credited as part of
the City match.
4. Proposed Change in Meeting Time
On a motion by Cogan, seconded by Mackesey,there was discussion as to possibly
changing the Committee meeting time so that it begins at 7:00 p.m. instead of 7:30 p.m.
Motion failed: 2-2-1 (Cogan and Mackesey voted in favor; Tomlan and Berry opposed;
Townsend abstained.) The Committee meeting will continue to begin at 7:30 p.m.
F. Approval of Minutes (none)
G. Adjournment
On a motion by Townsend, seconded by Cogan, the meeting was adjourned at 10:50 p.m.
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, off CITY OF ITHACA
108 East Green Street— 3rd Floor Ithaca, New York 14850-5690
= rmnrm �`
% ►`�, DEPARTMENT OF PLANNING AND DEVELOPMENT
160_ H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development - 607-274-6550 Community Development/IURA - 607-274-6559
Email: planning@cityofithaca.org Email: iura @cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
To: Planning, Neighborhoods & Economic Development Committee
From: Tim Logue, Neighborhood & Economic Development Planner -II_
Date: May 13, 2004
Re: City of Ithaca Traffic Calming Program
Leslie Chatterton and I will make a short report at your May 19th meeting
about the history and current status of the City's traffic calming program.
Please find attached the following background materials.
• A memo to the Board of Public Works (BPW) from Leslie Chatterton dated
December 22, 2000, re: City of Ithaca Traffic Calming Program -
Summary
• Working Paper #1, Program Development and Pilot Project for the City of
Ithaca Citywide Traffic Calming Program, written by Fehr & Peers
Associates.
• A plan of the traffic calming program for the Washington Park
neighborhood.
• A plan of the traffic calming program for Dey Street
• City of Ithaca Traffic Calming Budget, a notation of the total sources of
income and expenditures for the program
• The intro page to an Oregon DoT report on Pedestrian Safety with a bar
graph indicating the relationship between speed and pedestrian fatalities
During our presentation, Leslie and I will describe how these documents fit
together and will be available to answer your questions.
"An Equal Opportunity Employer with a commitment to workforce diversification." 0
�- .•°F' �.'., CITY OF ITHACA
n . 108 East Green Street Ithaca. New `cork 14350-5690•
• C' '- DEPARTMENT OF PLANNING AND DEVELOPMENT
'DbR.... H. 'LViHYS vAS CORT. DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS a. >IcDO:N.ALD. DIRECTOR OF ECONOMIC DEVELOPMF..NT
Telephone: Planning & Development •GU-274-6550 Community Developmcnc ILR.A • cii)-- *.6.559
Fax: 607 27-f-6558
TO: Members of the Board of Public Works
FROM: Leslie A. Chatterton, Neighborhood Planner fr1
RE: City of Ithaca Traffic Calming Program - Summary
DATE: December 22, 2000
The volume and more importantly, the excessive speed of traffic in neighborhoods is a primary
complaint from city residents. In fact, traffic consistently ranks as one of the top quality of life
issues for neighborhood residents. In response to neighborhood concerns, City Planning &
Engineering staff, representatives from the Board of Public Works and elected officials began
meeting as early as 1994 to discuss approaches to traffic calming. This-memorandum and
attachments have been prepared to address questions and provide background leading to the
concept proposals we are presentfor your review. The attachments include the city's "traffic
calming policy" as adopted by the Common Council, December 1998; Working Paper #1,
prepared by the city's consulting firm, Fehr and Peers; a map showing concepts for the five pilot
areas; notes on the responses of parties briefed on the traffic calming program as suggested by
this Board.
•
•
Multi-party collaboration and public participation are key components of the traffic calming
process. The first step was the creation of a Technical Advisory Committee consisting of City
staff from planning, engineering, streets and facilities, fire, police, the Ithaca-Tompkins County
Transportation Council and representatives from Common Council, the Board of Public Works,
the Bicycle and Pedestrian Advisory Council and the Ithaca Neighborhoods Council. All activity
in the realm of traffic calming is closely coordinated with the traffic committee of the
Neighborhoods Council and the Neighborhoods and Community Issues Committee of the
Common Council.
Fall - 1997 City receives multi modal grant from NYSDoT for$250,000 to do city-
wide experimental traffic calming.
Spring - 1993 Meetings are conducted with an ad i' ee i^ 'ud: plan staff
hoc com-n .t ..c. _ � ..r: . , ;
Thys Van Con and Leslie C:arterton, Chief Brian Wi r_ _--aineerinc
staff Bill Gray, Tom:. West and Dan Cole, Feniando �f
.on orn the
Tompkins County Transportation Council, Board ofPu ilc Works
representative Steve Ehrhardt and aidetpersons Susan 3 lumt nthal and
Tracy Farrell
"An Equal Opportunity Employer with a commitment co workforce diversification."
•
Fall 1998 City receives a second multi-modal award of S[00,000 from NYSDoT.
Adoption by the Common Council of city traffic calming policy,
(attached)
Summer - 1999 Decision is made by the ad hoc committee to engage a consultant with
expertise and experience in the area of traffic calming. At the request of
the Department of Planning & Development, Reid Ewing, a nationally
recognized leader in the design of traffic calming programs visited Ithaca,
reviewed potential sites with the ad hoc committee and advised on the
scope of services for an RFP. The RFP was issued in June 1999.
The project scope consists of two basic tasks: developing a generalized
process that can be applied citywide and specific application of the
process to five pilot sites, as follows:
1. developing a process for resident input, evaluation and decision
making .
2. developing a rating system for site selection
3. developing standards and warrants for selection of traffic calming
devices
4. working with neighborhood residents on implementation plans
5. addressing concerns about impacts on emergency vehicle response
times
6. conducting public presentations re: traffic calming in general and with
regard to the five pilot sites
7. preparing schematic drawings and specifications
8. preparing a post-construction evaluation process, including impacts on
adjacent streets.
Late Summer - 1999 The City selects the firm of Fehr and Peers from Roseville California.
Reid Ewing is subcontrator to Fehr and Peers as SRF Associates of
Rochester
•
October 1999 The first meeting of the newly formed Technical Advisory Committee
(TAC) and the consultants. The TAC includes representatives from
planning, engineering, the Board of Public Works, Common Council, the
Ithaca Tompkins County Transportation Council, IPD, IFD the
Neiz borhoods Council the Bicycle and Pedestrian Advisor; Council and
the Common Council. The meetings included a training. session. The
TAC was surveyed to determine city priorities and preferences with regard
to process and design.
February, 2000 The second meeting of the TAC and the consultants.
April, 2000 %%or,!:r: Paper: Program Development and Pilot Protect for the City of
1:;:,.f:: Trcrj:c Calming Pro?ra:r, submitted by the con_ulta::s to the TAC.
The document includes a proposed Traffic Claming Process, (reflecting
February discussion with TAC), method for prioritization of proposed
sites, ranking of the 10 candidate pilot sites proposed by the TAC in
February), selection of the 5 pilot sites, application guidelines for various
engineered devices and general guidelines for engineering. and aesthetic
considerations.
itilay 2000 Charrette with city planning staff, engineering, the consultant and resident
groups from each of the five pilot neighborhoods. Six hundred households
and property owners were notified by mail. On the first evening the
consultants conducted a brief"training", introducing residents to traffic
calming concepts and devices. On day two the consultants worked with
representatives to design concept treatments. At a follow-up meeting in
July the consultants returned with conceptual drawings based on resident
input at the charrette. Participants engaged in that planning. process
uniformly expressed appreciation to the City for structuring in meaningful
involvement and to the consultants for faithfully including resident input
in the conceptual designs.
July 2000 Meetings conducted with the consultants and the TAC to review and in
some cases modify concept plans. A meeting was conducted with
representatives from the neighborhood groups to review concept plans as
prepared by the consultants based on the May workshop and to
incorporate the TAC refinements. Future sites will be selected in
accordance with process guidelines established by the TAC. For this pilot
program, however, site selection was conducted by the TAC. To increase
neighborhood participation, residents at the July meeting encouraged city
staff to conduct a public awareness campaign.
Fall 2000 Planning staff attends numerous neighborhood meetings to inform
residents, businesses, local agencies and institutions of concept plans for
the five pilot sites. Planning staff has met individually with
representatives from IFD, IPD, TCAT, ICSD, City of Ithaca Department
of Streets and Facilities and BPAC.
Following neighborhood outreach and possible modification of plans, the consultants will
proceed with schematic drawings and specifications. The City will then prepare the bid
documents and is looking to begin construction in spring and summer. Work of the consultants
will conclude with preparation of a post-construction evaluation process.
WPM traffic calming is a longstanding practice in many European countries and is far more
common in other areas of the U.S., it is a relatively new concept in New York State. Interest
°To.vs, however, a i ated the a - e for recently issued by the New York
as indicate::: by t�: a �e � st or proposals r� �n .
State Department of Transportation for development of a traffic calming training program for the
agency. The Mayor. Council and staff in the Planning Department view traffic ca' ping as one of
a number of measures needed to strengthen and protect downtown residential nei hborhoods.
This protection will be vital to neighborhoods as traffic is generated by anticipated economic
growth on Inlet Island, the West End and in Southwest Park. Because traffic calming is an
unfamiliar treatment to many, intensive public involvement is crucial for program success. In
response we have built into the process petition and ballot requirements, trial periods, before-
and-after evaluation and other collaborative planning mechanisms to promote neighborhood
input. Even so it is likely that there will be some initial resistance, especially for those who are
less willing to share the street with pedestrians, residents, children or bicyclists. There is every
reason to believe however, that if the pilot devices improve quality of life in downtown
neighborhoods we will see numbers of requests for similar treatments in neighborhoods
throughout the city.
•
•
WORKING PAPER #1
Program Development and Pilot Project
for the
City of Ithaca Citywide Traffic Calming Program
Prepared for: .
City of Ithaca
-
April 14, 2000
fp_FEHR&PEERS ASSOCIATES,INC.
Transportation Consultants
2990 Lava Ridge Court
Suite 200
Roseville,CA 95661
916 773-1900
Fax 916 773-2015
Table of Contents
Section Page
I. INTRODUCTION 1
II. PROCESS STRUCTURE 3
III. PRIORITIZATION METHOD 6
IV. APPLICATION GUIDELINES 11
V. ENGINEERING & AESTHETICS 13
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List of Tables
Table Page
Table 1 Candidate Pilot Sites—Average Data for Study Streets 8
Table 2 Candidate Pilot Sites—Normalized Data 9
Table 3 Candidate Pilot Sites—Scores and Rankings 10
Table 4 Application Guidelines 12
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List of Figures
Figure Page
Figure 1 —Proposed Traffic Calming Process 4
Figure 2 —Candidate Pilot Project Locations 7
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City of Ithaca Citywide Traffic Calming Program
April 14, 2000
I. INTRODUCTION
The purpose of this paper is to document preliminary elements of the City of Ithaca Citywide
Traffic Calming Program, which is currently under development. This paper provides an
overview of the entire process, including tasks accomplished to date and future tasks,as well as
describes the status of the pilot project.
Overview of the Project
The project consist of two basic tasks, shown below:
1) The development of a process for implementing a citywide traffic calming program in the
City of Ithaca,including but not limited to the following elements:
a) Development of a Process for Traffic Calming Implementation;
b) Development of a Priority Rating System;
c) Development of Standards and Warrants;
d) Incorporation of Public Input;
e) Incorporation of Emergency Services Input; and
f) Post-Construction Evaluation.
2) The demonstration of key elements of the traffic calming program in pilot locations:
a) Collection of Background Data on Pilot Sites;
b) Prioritize Sites and Select Final Pilot Sites;
c) Incorporate Public Input into an Implementation Plan;
d) Address Impacts on Emergency Services and Citywide Planning Documents; and
e) Prepare Schematics & Specifications of Proposed Traffic Calming Devices;
Although there is some overlap in the elements of Tasks 1 and 2 above,the overlapping in elements
differ in their scope. The elements of Task 1 have been addressed in the context of a generalized
program that can be applied citywide. Conversely, the elements of Task 2 are focused on the
specific application of the traffic calming process to the pilot sites.
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Fehr&Peers Associates l
1 City of Ithaca Citywide Traffic Calming Program
April 14, 2000
1 The tasks above have been conducted through consultation with a technical advisory committee
(TAC),which comprised members of the existing Board of Public Works. The Board oversees
imajor decisions of the City of Ithaca Department of Public Works. Serving as the TAC for this
process, the TAC's members expressed their views and opinions at two workshops. Workshop
1 #1, conducted on October 25 1999, produced the following inputs from the TAC:
• Surveys relating to potential elements of the overall process;
• Surveys of visual preference for traffic calming devices as presented in photographs;
1 - • A list of ten potential pilot traffic calming sites; and
• A list of prioritization criteria and their relative weights.
At Workshop #2, conducted on February 3'd 2000, the following input was gathered:
• Feedback on the proposed list of prioritized pilot traffic calming sites;
• Feedback on the proposed process structure;
• Input on guidelines for application of specific types of traffic calming measures; and
• Input on engineering and aesthetic considerations.
This input was used to develop the program elements described in this working paper.
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Fehr&Peers Associates 2
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ICity of Ithaca Citywide Traffic Calming Program
April 14, 2000
II. PROCESS STRUCTURE
At Workshop#1, the technical advisory committee completed a survey relating to the potential
elements of a process for identifying traffic calming sites, selecting sites, incorporating input
1 from affected parties,and evaluating traffic calming measures(see Appendix A:Process Survey
and Results).
I Building on process structures that have been successful in other jurisdictions,we developed a
process that conformed to the average opinions expressed in the surveys. Policies included in the
process were those for which the TAC expressed considerable support. The degree of support
was judged by the average level of agreement with specific statements in the questionnaire. The
questionnaire allowed responses on a scale of 1 to 7,where 1 represented complete disagreement
1 and 7 complete agreement. Only policies that had average scores above 4.0 were included;most
policies in the proposed process had average scores above 5.0.
I The draft process was presented to the TAC at Workshop #2. In response to comments, we
modified the process to include additional steps where the Board of Public Works would provide
its approval or disapproval. We also clarified the petition process to require that citizens collect
Iat least 100 signatures before a problem area can be nominated. Lastly,the public input process
was modified to use an advisory vote that would assist in a BPW decision,rather than a direct
vote without input from the BPW.
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The final proposed traffic calming process is shown in Figure 1.
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Fehr&Peers Associates 3
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ICity of Ithaca Citywide Traffic Calming Program
April 14, ?000
Figure 1 —Proposed Traffic Calming Process 1 /1)1, ".C-
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Fehr&Peers Associates 5
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ICity of Ithaca Citywide Traffic Calming Program
April 14, 2000
IIII. PRIORITIZATION METHOD
IThe goal of a prioritization process is to provide an objective method of evaluating several
candidate traffic calming sites using salient criteria. At Workshop #1, the TAC was asked to
I identify potential criteria, then to vote on which criteria were most important, using a nominal
group process. The seven criteria that received at least three votes each were selected for
inclusion in the priority rating process,using weights equal to the number ofvotes they received.
IThese criteria, along with their respective weights, are:
• 85th Percentile Speed—6 votes;
• Emergency Response Route—4 votes;
• Average Daily Traffic—7 votes;
I • Pedestrian/Bicycle Accidents—3 votes;
i • Street Classification—3 votes;
• Child Pedestrian Generators—7 votes; and
I • Gateway Streets—3 votes.
To begin the pilot site demonstration process, the TAC was asked at Workshop#1 to identify
I problem sites within the City of Ithaca that should be considered for traffic calming. Using a
nominal group process again, a list of sites was compiled and members voted on the sites to
determine which should be considered candidates for the pilot program. To minimize data
collection costs, only ten candidate sites were selected. These sites were:
1. 1St Street/2"d Street/3rd Street/Dey Street;
1 2. North Aurora/Cayuga/Tioga;
3. University Avenue;
1 4. Ithaca Road/Mitchell Road;
5. Hudson Street;
I6. South Aurora Street;
7. South Albany/South/Wood/Spencer;
I8. Court Street/Buffalo Street;
9. Hector Street; and
1 10. Cliff Street.
Figure 2 shows the location of each of these sites within the City of Ithaca.
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Fehr&Peers Associates 6
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ftansporlolion Consul anls CANDIDATE PILOT PROJECT LOCATIONS
1 04/13/00 JAG
1 ...PR0JEC1S/992-1173/GRAPHICS/FICO2-PROJLOCS.DWG FIGURE 2
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I City of Ithaca Citywide Traffic Calming Program
April 14, 2000
Following Workshop #1, data pertaining to each of the seven evaluation criteria above were
collected for each of the candidate sites at representative street segments selected in cooperation
I with city staff. The data for selected streets segments within each candidate site were averaged,
resulting in the values listed in Table 1.
di��, 7 t jJP r i ew-4. , y;„.h •
i
TABLE 1 r---
CANDIDATE PILOT SITES-AVERAGE DATA FOR STUDY STREETS
85%ile ADT Ped/Bicycle Q0 tn, p. Child
Speed Emergency (veh/ Accidents/ Stree Pedestrian Gateway
Area (mph) Routes day) 1M Veh-Mile C1as ' cations Land Uses Street
�S
lrt/2"d/3"d/Dey 28.5 No 3,610 2.88 Local/ N .
Yes No .
Collector
N.Aurora/
28.8 Partial 4,950 1.92 Minor Arterial Yes No
Cayuga/Tioga
University Ave. _ 32.0 Yes 5,770 0.00 Minor Arterial No No
Ithaca Rd./ 36.5 Yes 7,760 1.59 Minor Arterial No Yes
Mitchell Rd.
1 Hudson St. 29.5 Yes 5,250 0.00 Collector No Yes
South Aurora St. 31.0 Yes 15,000 0.73 Minor Arterial Yes Yes
S.Albany/
Local/Minor
1 South/Wood/ 29.5 Partial 6,130 5.54
Arterial No Yes
Spencer
Court St./Buffalo 26.3 No 5,450 7.67 Minor Arterial Yes .No r5
St. _ .-
Hector St. 35.0 Yes 6,600 0.00 Minor Arterial No Yes
Cliff Street 37.5 Yes 13,630 0.22 Minor Arterial No Yes
I
To bring variables into scales that are comparable to each other, first the non-numeric variables
Iwere translated into numeric variables. For example,in the Emergency Response category,areas
where the study streets were emergency response routes were given a score of"1" and areas
where the study streets were not emergency response routes were given a score of"0". Next,all
of the data were normalized by converting each value into a number of standard deviations above
or below the mean value of each variable. As a result, all variables became unit-less with
average scores of"0". Also, for variables where a higher number indicates a less suitable
1 candidate site, the scale of the variable was reversed by multiplying its values by —1.
Consequently, for all of the normalized variables, a positive score indicates a more suitable site
Iand a negative score indicates a less suitable site. The resulting normalized scores for each of the
candidate pilot sites are summarized in Table 2.
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Fehr&Peers Associates 8
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lCity of Ithaca Citywide Traffic Calming Program
April 14, 2000
ITABLE 2
CANDIDATE PILOT SITES-NORMALIZED DATA
I 85%ile Emergency Land
Speed Route ADT PedBicycie Classifi- Use Gateway
Area Index Index Index Accidents Index cation Index Index Street Index!
IIn/2"d/3'd/Dey -0.79 1.66 -1.00 0.31 1.98 1.16 -1.16
N.Aurora/ -0.73 0.47 -0.65 -0.05 -0.60 1.16 -1.16
Cayuga/Tioga
I University Ave. 0.15 -0.71 -0.43_ -0.78 -0.60 -0.77 -1.16
Ithaca Rd./Mitchell 1.35 -0.71 0.09 -0.18 -0.60 -0.77 0.77
Rd.
., Hudson St. -0.53 -0.71 -0.57 -0.78 1.12 -0.77 0.77
_South Aurora St. -0.12 -0.71 1.99 -0.50 -0.60 1.16 0.77
S.Albany/
I South/Wood/ -0.53 0.47 -0.34 1.32 1.12 -0.77 0.77
Spencer
Court St./Buffalo -1.38 1.66 -0.52 2.13 -0.60 1.16 -1.16
I St.
Hector St. 0.95 -0.71 -0.21 -0.78 -0.60 -0.77 0.77
Cliff Street 1.62 -0.71 1.63 -0.70 -0.60 -0.77 0.77
1
The scores shown in Table 2 were multiplied by each of the criteria's respective weights. For
Ieach candidate pilot site,these weighted scores were then averaged to determine the site's final
score. Finally, the sites were ranked by overall score, with higher scores receiving a higher
I. priority rank. The ranked sites and their scores are shown in Table 3.
The top five sites listed in Table 3 (indicated by shaded boxes) received the highest overall
II scores and, therefore, were the first five priority sites for pilot projects. This ranking was
presented and approved at TAC Workshop #2. Please note that in the ongoing traffic calming
program(which would begin upon completion of this pilot program), the priority rating system
Idescribed above would be applied to all sites within the City of Ithaca that had been identified by
citizen petition or staff recommendation, rather than to a limited set of candidate sites.
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Fehr&Peers Associates 9
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ICity of Ithaca Citywide Traffic Calming Program
April 14, 2000
I
I TABLE 3
CANDIDATE PILOT SITES-SCORES AND RANKINGS
Scores
IEmerg-
35%ile ency Ped/Bicycle Classifi- Land Gateway
Speed Route ADT Accidents cation Use Street Overall
I Rank Area Score Score Score Score Score Score Score Score
1 South Aurora St : 0:74 -, =:2.85 .!13.95 .E . . .- -1.51 -1.81 :_8.13 -- 2.32 ,250
'- 2.''„Cliff St `. .. -:r;. _- 9.73 y. :2.85-'-=11.43" ,-;: --,;.,2.09` - • 4.81 :-5.42 2.32 1.62
II3 1$32i1/37lDey L'.-.:7=-' .:21:•=4:76. 664 '-7.00- 094 5:95 2,8 T3 =3.49 0.92
Court St Buffalo -8.35 :-..,::::-. ..:--i'''''':',;=!6
.
. 640 181 81.3 a49 0571
hs ,S 15an lSoutl �-.4.- S ,`x90 2 35 3 97' _ 3.36 542 2 32 0:09
_� Woodf�S"pencer'� w..~ � -.ar -� T L
' 6 Ithaca Rd./ 8.12 -2.85 0.63 -0.53 -1.81 -5.42 2.32 0.07
I Mitchell Rd.
7 N.Aurora/ -4.36 1.90 -4.54 -0.15 -1.81 8.13 -3.49 -0.62
Cayuga/Tioga
I 8 Hector St. 5.70 -2.85 -1.49 -2.34 -1.81 -5.42 2.32 -0.84
9 Hudson St. -3.15 -2.85 -3.98 -2.34 3.36 -5.42 2.32 -1.72
10 University Ave. 0.87 -2.85 -3.03 -2.34 -1.81 -5.42 -3.49 -2.58
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City of Ithaca Citywide Traffic Calming Program
April 14, 2000
1 IV. APPLICATION GUIDELINES
Based on the street geometry of the City of Ithaca, as well as guidance from other U.S.
jurisdictions and foreign countries,application guidelines were formulated for use in Ithaca(see
Table 4). These guidelines apply to:
• Minor Arterials (e.g., Court Street);
• Urban Collectors (e.g., Cascadilla Street); and
• Local Streets (e.g., Wood Street).
We recommend that the City of Ithaca consider excluding State Highway 13,the only principal
arterial in the City of Ithaca, from traffic calming due to its high volume of traffic and its
1 functional classification.
The guidelines establish maximum volumes and speeds for different measures (see Table 4).
Beyond these volumes and speeds, it becomes difficult to justify the use of measures from a
traffic safety and/or traffic efficiency standpoint. The guidelines for posted speeds refer to the
speed limits on the streets themselves. Lower advisory speeds may be posted at traffic calming
1 measures.
The maximum values in Table 4 are based on:
• Guidelines of established traffic calming programs fine tuned through experience`; and
• Ranges of volumes and speeds for successful U.S. and foreign applications'.
p
' Guidelines were synthesized from: Devon County Council, Traffic Calming Guidelines,Great Britain, 1991;J.
Marstrand et al., Urban Traffic Areas - Part 7: Speed Reducers, Vejdirektoratet - Vejregeludvalget, The
Netherlands, 1991;Kent County Council, Traffic Calming: A Code of Practice,Maidstone,Great Britain, 1992;
and Transportation Association of Canada, Canadian Guide to Neighbourhood Traffic Calming, Ottawa, 1998.
Among U.S. guidelines, the recently updated guidelines of Bellevue, WA are most complete. They were given
considerable weight in the synthesis.
Z Volume and speed data for nearly 500 U.S.traffic calming State-of-
the-Practice. y luring applications are presented in Traffic Calming State of
the-Practice. Volume and speed data for applications outside the U.S.are presented in County Surveyors Society,
Traffic Calming in Practice,Landor Publishing,London, 1994;C.Hass-Klau et al.,Civilised Streets—A Guide to
Traffic Calming,Environment&Transport Planning,Brighton,England, 1992;and L.Herrstedt et al.,An Improved
Traffic Environment—A Catalogue of Ideas,Danish Road Directorate, Copenhagen,Denmark, 1993.
Fehr&Peers Associates 11
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IICity of Ithaca Citywide Traffic Calming Program
April 14, 2000
IThere are no minimum traffic volumes or speeds for any of these measures. Rather,the priority
rating system described above gives weight to traffic volumes and speeds, along with other
Jfactors, in deciding which areas will receive traffic calming first.
I TABLE 4
APPLICATION GUIDELINES
Traffic Street Classification
ICalming Minor Urban Local Other
Measure Arterials Collectors Streets Restrictions
-;u - Volume Control Measures
Only as a last
Full Closures No No resort after other
measures fail
IHalf Closures
Diagonal Diverters 500o5,000 vpd
>25%
Median Barriers No No non-local
IForced Turn Islands traffic
-`-l` r Vertal Spd Control Measures e ,
I Daily volume<5,000 vpd
Speed Humps No Posted speed<30 mph Grade<8%
Not on primary emergency routes or —
bus routes
I Speed Tables Daily volume< 10,000 vpd
Raised Crosswalks Posted speed<35 mph Grade<8%
Raised Intersections Not on primary emergency response routes
-'` f Horizoatal Speed Control Measures _
5
Mini-Traffic Circles No Entering daily volume<5,000 vpd Grade< 10%
Posted speed<35 mph —
IRoundabouts Entering daily volume<20,000 vpd No Grade<6%
(one circulating lane) Posted speed<45 mph —
Lateral Shifts Daily volume<20,000 vpd
11
Posted speed<45 mph
Two-Lane Chicanes No Entering daily volume<5,000 vpd Grade<8%
Realigned Intersections Posted speed<35 mph —
IOne-Lane Chicanes No Daily volume<2,000 vpd
(2-way operation) Posted speed<25 mph
: NIarrowings�
Neckdowns Daily volume<20,000 vpd
Center Island Narrowings Posted speed<45 mph
Two-Lane Chokers
IOne-Lane Chokers Daily volume<2,000 vpd
(2-way operation)
No Posted speed<25 mph
Combined. -. _ Subjecttolimitations:ofcomponenrineasures
Fehr&Peers Associates 12
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City of Ithaca Citywide Traffic Calming Program
April 14, 2000
V. ENGINEERING & AESTHETICS
During Workshop #2, the TAC was asked to provide input on proposed engineering and
aesthetic considerations,including the geometrics and appearance of traffic calming measures as
well as signage and marking that would accompany the measures. The session resulted in the
following general guidance:
• For speed humps, a sinusoidal profile is preferred to accommodate non-motorized
vehicles and snow plows.
• All traffic calming measures should conform to Chapter 25 of the NYSDOT Highway
Design Manual(HDM). The city should adopt standard designs for each traffic calming
measure to maintain uniformity.
• Treatment at schools should be uniform, e.g., raised intersections might be used
1 consistently around schools.
• Use of raised crosswalks/raised intersections needs further examination to consider the
potentially negative aspects,e.g.small children wandering into the street because no curb
is there to alert them.
• Solutions developed for one street-type/land use context should be applied to similar
contexts. Again, this is a reflection of the TAC's desire for uniformity.
• Signage should:
o Be consistent with HDM and the Manual on Uniform Traffic Control Devices
1 (MUTCD);
o Make use of symbol signs rather than word signs to identify types of traffic
calming measures;
o Include gateway/entry signs to alert drivers when entering a traffic calmed area;
and
o Include supplemental warning signs at cross streets, e.g., where internal
collectors connect with a traffic calmed street.
• Marking patterns for vertical measures(e.g.,speed humps and raised crosswalks)should
be of the shark's tooth variety.
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Fehr&Peers Associates 13
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Appendix A
IProcess Survey and Results
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Citizen Request/Application
I WHO:
Requests for traffic calming can be made by anyone. 1 2 3 4 5 6 7 (4.25)
IRequests for traffic calming can be made only by people on the affected street. (3.25)
Requests for traffic calming can be made only through a group, such as a neighborhood association, a
traffic committee, or residents gathered for the purpose of requesting traffic calming. (3.67)
°1 Requests for traffic calming can be made only through an elected official, such as a Common Council
member. (1.67)
ICity staff can initiate traffic calming projects. (6.17)
HOW:
I Requests for traffic calming can be made with a phone call to a city agency. (3.36)
Requests for traffic calming must be made in writing. (5.33)
Requests must be made by filling out application form. (3.75)
IApplications must be accompanied by petitions showing strong public support. (4.6)
INeighborhood Traffic Committee
To participate in the traffic calming program,residents must form a neighborhood traffic committee. (4.08)
To participate in the traffic calming program,residents must be appointed by elected representatives to a
neighborhood traffic committee. (2.75)
I Membership of the neighborhood traffic committee should include people outside the affected area,such
as representatives from adjacent neighborhoods. (5.0)
IPlan Development
City staff develops a traffic calming plan for subsequent presentation to the public. (3.5)
ICity staff develops traffic calming options for subsequent review and selection by a neighborhood traffic
committee. (4.82)
I City staff and the neighborhood traffic committee develop a traffic calming plan together through a
charrette process. (6.0)
City staff and the public at large develop a traffic calming plan together through a charrette process.(3.58)
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Dissemination of Plan
Traffic calming plan is publicized through a neighborhood newsletter. (5.73)
Traffic calming plan is publicized through a public workshop. (5.17)
Traffic calming plan is publicized through a public hearing. (5.0)
Public Consensus
HOW:
Consensus for traffic calming is demonstrated through a mail-in survey/ballot. (4.0)
Consensus is demonstrated through public petitions with signatures. (3.42)
I Consensus is (3.0)
Consensus for for traffic calming calming is demonstrated demonstrated by by approval approval of of 6751%% of of respondents.respondents. (4.25)
Consensus for traffic calming is demonstrated by approval of 75% of respondents. (5.0)
Consensus for traffic calming is demonstrated by approval of 51%of all households,not just households
responding to survey or ballot. (4.58)
WHERE:
Those"voting"on traffic calming must be from:
treated street(s)only. (2.0)
treated street(s)and streets with no alternative ingress/egress. (4.0)
treated street(s)and larger impact area(i.e.:whole neighborhood).(5.7)
WHO:
Those eligible to vote on traffic calming are:
property owners only. (2.33)
all residents. (5.54)
all residents and business owners. (5.83)
Role of Fire-Rescue, Police, and School Officials
Fire, police,and school officials are notified at the time of construction of traffic calming measures.(2.67)
Fire, police, and school officials are notified of proposed traffic plans and allowed to express support or
opposition before the Common Council or Board of Public Works. (5.33)
Fire, police, and school officials are involved in plan development from the outset. (6.83)
Fire, police,and school officials should have the power to veto traffic calming measures that may interfere
with their operations. (2.92)
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Testing
Testing is required before measures are installed permanently. (5.75)
Testing will last: 3-6 months (5.5)
1 6-9 months (4.28)
Other: (4.0)
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Funding
Traffic calming is funded on a first-come,first-served basis. (1.73)
Traffic calming is funded on the basis of a priority rating, based on traffic speeds, volumes, and other
traffic problems. (6.58)
Traffic calming projects is funded only by government agencies (cities, state, DOT). (3.42)
Traffic calming is funded by governments geographically,with a set amount of money allocated per area.
(2.91)
Neighborhoods are allowed to pay for some or all traffic calming measures themselves. (5.18)
Neighborhoods can move up the priority list by helping pay for traffic calming. (3.27)
Approval and Appeals
The Common Council must approve individual traffic calming projects,and may consider appeals to re-
prioritize projects. (2.92)
The Board of Public Works must approve individual traffic calming projects,and may consider appeals to
re-prioritize projects. (6.08)
I Removal
Neighborhoods can have traffic calming measures removed by following the exact same process as for
installation. (4.92)
Neighborhoods must meet a higher standard of public approval to have traffic calming measures removed
than installed in the first place. (3.55)
Neighborhoods must pay for removal of traffic calming measures. (1.55)
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Traffic Calming Update to BPW
December 4, 2002
Institute of Traffic Engineers Traffic Calming: State of the Practice
NYSDOT Highway Design Manual - Chapter 25- Traffic Calming
"Traffic calming is the combination of mainly physical
measures that reduce the negative effects of motor vehicle
use, alter driver behavior and improve conditions for non-
motorized users."
Long history of traffic calming in Ithaca
Grants
Planning and Engineering
Fehr & Peers - Comprehensive Program and Pilot Site Schematics
• Technical Advisory Committee
• Public Charette
• Development of plans - shop around to uniform services
• Neighborhood survey
• Report to BPW, presentation of schematic drawings
• Final report/paper illustrating future process
Dufresne-Henry - Preparation of Construction Drawings
• Plan confirmation
• South of the Creek plan revision
• Site visits and survey
• Meeting with Engineering
• Materials and modified designs
• Preparation of preliminary design drawings
Next Steps
• Iron out last details for preliminary drawings - materials, circles
• Preliminary drawings on some SOC measures
• Progress drawings to final designs
• Present drawings to BPW
• Put project out to bid
• BPW award and approve bid
4
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11 PIN 3753.94 City of Ithaca. Tompkins County
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FIGL RE 11-1 PROJECT LOCATION MAP
f'-il) 11-4 Sectember 2003
City of Ithaca TL revised
Traffic Calming Budget 30-Dec-03
CP #384
Income
NYS Mulit-Modal Award 1997 $ 250,000
NYS Mulit-Modal Award 1998 $ 100,000
City of Ithaca Capital Project 2002 $ 100,000
IURA - Southside $ 30,000
IURA - Lower Northside $ 25,000
TIP (federal and state funds) $ 133,000
Total $ 638,000
Expenditures
Fehr & Peers $ 80,000
Hernando Gil (secure TIP) $ 9,800
Dufresne-Henry $ 59,350
Dufresne-Henry Extension $ 19,400
Dey Street Design and Construction $ 140,000
IURA mini-circle $ 35,544
Construction Management $ 10,920
Total $ 355,014
Balance Remaining $ 282,986
for City-wide Construction
Pedestrian Safetey Page 1 of 5
4 -t-' 'aG'
J b
IV.2. PEDESTRIAN SAFETY
Table of Contents
Shortcut to:
Long-Term Trends
A. Engineering Solutions
B. Education Solutions
C. Enforcement Solutions
INTRODUCTION
Compared to bicycle crashes, virtually all reported pedestrian crashes are the result of a
collision with a motor vehicle. This is mostly due to our perceptions: when a person trips and
falls while walking, the resulting injury is rarely reported as a pedestrian crash.
Most pedestrian crashes are the result of an attempt to cross a roadway; fewer occur as
pedestrians walk along a roadway.
Effective pedestrian safety programs should target behaviors that cause the majority of
crashes. Analysis of pedestrian motor vehicle crashes can help establish engineering,
education and enforcement solutions.
One important factor in all pedestrian crashes is speed. A recent study conducted in Great
Britain (Killing Speed and Saving Lives) demonstrates a dramatic correlation between motor
vehicle speeds and fatality rates.
85%
45%
15%
32 kmlh 50 km/h 65 km/h
20 MPH 30 MPH 40 MPH
Pedesb i*is'dt.nc of death if hit by a motor vehicle
9CSi11CL MIkU,q sp«rt mtl?rr1�y u...r..SUP nwnrn.T W Ttaropwlrten
Figure 166: The relationship between
speed and the pedestrian fatality rate
hap:/,/ v,vi.odot.state.or.us/techserv/bikewalk/planima�g_'pedestrn.htm 3/18 ?O04
D1
GRANT FROM THE NEIGHBORHOOD IMPROVEMENT INCENTIVE FUND
WHEREAS, the Public Service Center has submitted an application to the Neighborhood
Improvement Incentive Fund to assist with sponsoring the annual Martin Luther King, Jr. Day
event held on January 19, 2004, and
WHEREAS,the event is free and open to all city residents, and
WHEREAS, the event is an eligible activity that contributes to the social quality of our
neighborhoods, and
WHEREAS, the event generates a high level of volunteer hours and leverages funding and
donations from a variety of community and Cornell-related organizations as well as local
businesses, now therefore be it
RESOLVED that the Planning,Neighborhoods and Economic Development Committee of the
Common Council approves the Public Service Center' s request for$300 to help fund the annual
Martin Luther King, Jr. Day event in 2004.
q:\planning\groups\planning,neighborhood and eco dev committee 2004\miscellaneous\neighborhood improvement
incentive funding.doc
Renee Farkas Telephone:607 255-1107
Q) Assistant Director Fax:607 255-9550
�^'RNELI' Cornell University E-mail:rcfl @cornell.edu
200 Barnes Hall Web:www.psc.comell.edu
Ithaca,NY 14853-1601
Public Service Center
MEMORANDUM
Date: May 5, 2004
To: Leslie Chatterton
From: Renee Farkas
Subject: Neighborhood Improvement Incentive Fund
Enclosed is an application for the Neighborhood Improvement Incentive fund
from which we are seeking a$300 reimbursement. This application was
completed for the Martin Luther King Jr. day event that was held on January
19, 2004 at the Greater Ithaca Activities Center. We had another outstanding
event that attracted hundreds of participants—the room was absolutely
overflowing, and the committee has discussed moving to a larger venue next
year. We have ccntinued to seek out new program partners, as well as new
business' to donate food items to keep costs low due to budgetary restrictions
on all parts. This was also very successful, we received new donations from
the Shortstop Deli (who provided all of the hot beverage service),Juna's Café,
Simeon's, as well as a donation of food from Ithaca Colleges Food Service.
We ran out of food in 2003, so these additional donations were definitely
needed. If I can be of any help, please feel free to contact me at 255-1107.
Enclosure
cc:
Nov 21 %J3 Ob• ".5ba ri_nc)11.. "...;,...c_vcLuri'....cii
c
p ..... ,.c.. /...ro:-.).30
r # ,
e
Signatures: As a member of the immediate neighborhood I am aware of and approve of the
improvement project cieser-ibed 071 0; I side of this pace..
NAME A fiDRES
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COMpleted api..,1,haf.:: .q.,-; ■.r..0 1. LS-:L. Chattr2,1irfl, .';'-`i.iltti.:07.',;3',::. iii.1.Tir.,7%(
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City Hail, iW East Grez-n .:;ti,.
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S.
Iii STREET '
I iHACA, AY 19850 (�
(607) 277-5800
HOME OF THE SAVINGS CART
01/19/01 )I'II 13403f
710 South Meadow Street
12@0.79 61 53111' I:;MGL:tAI_E 21_ 9.48 8 Ithaca, NY 14850
5@2.19 EY:CA :.fl ( _MMADE 10.95 B Store : (607) 275-8041
OX1) I1Rf:00 1<1'[I=E 9.99 T Pharma�ca : (607) 275-8019
12 @ 0.0
DP ['.7IITATNER 11IPOSIT 0.60 F 01/19/04 10:43AM
'Ii!? 2.51
2 @ 1 :39
Tip( ExLMPTI0N 2.51- MORTON SLT & PPR 2.78 F
*t*r r.,i1..AEIC[_ 31 .02 DELI HI 01 233.33 F
25 @ 3.49
FACTORY ROLLS •12 87.25 F
GIFT um 'I.IRCHASE FULL SHEET CAKE 36.95 F
ACCT: )*fi:'r.;(*!f%f%:f4505 MISC FOOD (RW) 40.86 8
**** BALANCE DUE 401 .17
ACCOUNE BA_ANCE: 0,00
RCPT: 21121 TAX EXEMPTION 3.37-
TAX PAID .00
*rr*f* TOTAL 401 .17
Gi::T CARD 21 .37 VF CREDIT •
CREDIT CARD PURCHAS•:. 101:****�;iiiii i*** *** .2**;rx*
TO
ACCT: **::»:*:f**x`.*9529 ES 11 05525
71C South Meadow Street
RUTH: 019046 Ithaca, NY 14850
RCPT: 21122 PAYMENT CREDIT
:E *i:*;f401 ,17 XXXXXXXXXXXX4629
CODE: 00)0 REP a 019980
CREDIT CARD 9.65 1/19/04 10:16 0525 08 0038 127
CI I INGE 0.00
The cardholder acknowledges receipt of
9000:; and/or services in the amount
01/19/04 1D:12AM '71 21 8 13.1036 shoa.n hereon, and agrees to patf the
card issuer according to its current
• terr•s .
C.ir Pi' CC CUr11rr1I1:r11cn :
C.,o nsistenr
CHANGE. .00
Lao/ Prices. TOTAL NUMBER OF ITEMS SOLD = to
1/19/04 10:46 (lii 0525 08 0038 127
CUSTO.ILI< COPY Visit us on the Internet
The Martin Luther King, Jr. Day event was established as a university-community partnership in 1995 to
celebrate the life and teachings of Dr. Martin Luther King, Jr. For the past ten years, hundreds of members of
our diverse community have gathered at the Greater Ithaca Activities Center to eat together, participate in
workshops, sing and celebrate, and most importantly to honor the life of Dr. Martin Luther King, Jr.
This year we had a particularly successful event with an estimated 400 attendees and I would like to thank
fellow committee members: Ellen Baer; Marcia Fort, Greater Ithaca Activities Center; Audrey Cooper, the
Multicultural Resource Center; Anke Wessels, the Center for Religion, Ethics and Social Policy at Cornell; Deb
Mohlenhoff, Ithaca College's Community Service Program; Viktor Kerney, Campus Life at Cornell University
and the Greenstar Cooperative Market for all of their hard work and effort.
Lynette Chappell-Williams, Director of the Office of Workforce Diversity, Equity &Life Quality at Cornell
University was the guest speaker, and the following either provided workshops, served as volunteers, or were
one of the choirs that performed: Bethlehem Church Choir, Bill Apgar from the TC Probation Department,
Common Chords Chorus, Cornell AmeriCorp*VISTAs, DJEMBE Drummers, Senior Choir of the Ithaca
Children's Choir,Ithaca Children's Choir,Ithaca College MLK Scholars, Jan Nigro &the Vitamin L Chorus,
Johnson Art Museum, and the Sciencenter.
1. Expenses/Donations (in-kind and monetary)
B&W—paper supplies—$145.93 paid by Public Service Center
Miscellaneous supplies—$50 paid by CRESP
2-sided event programs—$90 paid by Cornell Campus Life
150 posters—$80 paid by Cornell Campus Life
Tops/food expenses—$ 401.17 paid by Public Service Center
Chicken wings—$150 paid by GIAC
Copies/mailing–$100 paid by Public Service Center
CRESP payment towards choirs—$300-400
$100 in GIAC Rental—paid by GIAC
$150 GIAC custodian—paid by GIAC
Donation of sound system from Cornell Campus Life
Approximate Total for Expenditures: $1,522.10-1,622.10
Food donations from the following:
ABC Café—brownies/vegan cookies
Ithaca College Dining—trays of ziti and green salad
Juna's Café-4 trays of lasagna
Moosewood Restaurant-
P&C-Hancock St—$20 gift certificate
Simeon's—anti-pasta and foccachia bread
Southern Tier Food Bank—
Viva Taqueria—salsa& chips
Wegman's—$gift certificate
Shortstop Deli—Donation of beverage service
2. Funding Received:
$800 from the Community Arts Partnership of TC—used to make a donation to each choir that performs
Ii CITY OF ITHACA
V' 't'`•;¢ s, 108 East Green Street— 3rd Floor Ithaca, New York 14850-5690
5101 i
*", DEPARTMENT OF PLANNING AND DEVELOPMENT
APo� O = H. MATTHYS VAN COAT, DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development - 607-274-6550 Community Development/IURA - 607-274-6559
Email: planninWcityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
CITY OF ITHACA
NEIGHBORHOOD IMPROVEMENT INCENTIVE FUND
The Neighborhood Improvement Incentive Fund has been established by the City of Ithaca to
encourage those who are concerned about the physical and social quality of our neighborhoods to
think creatively and practically about improvement projects. The fund was created to support a
wide range of projects, including but not limited to neighborhood cleanups, plantings in public
spaces, neighborhood events such as area-wide reuse events or block parties, and neighborhood
meetings. The fund is not meant to substitute for neighborhood fund raising or capital
improvements to neighborhoods; instead, it is intended to hasten completion of small projects
and to stimulate, or "seed," larger projects.
Requests for payment for event organizers or for hours spent making physical improvements are
not eligible under this program - the aim is to encourage, not to replace, volunteerism. Funds
will be distributed in increments not to exceed$300 per year to any one group. Preference will be
given to neighborhoods not recently granted money from the fund. Political or partisan activities
(e.g., a meet the candidates night) will not be eligible unless all the candidates for the office are
invited. Applications will be reviewed by the Planning, Neighborhoods & Economic
Development Committee of Common Council, which is authorized to approve expenditures for
projects that fall within the guidelines. The Committee meets on the third Wednesday of every
month. Applications should be submitted ten days in advance of the meeting to Leslie Chatterton,
Neighborhood Planner, Department of Planning& Development, City Hall, 108 East Green
Street, Ithaca, NY 14850. Please submit printed materials (flyers, newsletters, etc.) related to the
application when they are available, either with the application or upon later completion. For
additional information contact Leslie Chatterton, 274-6555.
Requirements:
1. The application requires a brief description of the proposed project, a project budget,
including a verifiable estimate of the cost of items for which the request is being made,
and signatures of neighborhood residents. For requests under$100, five signatures are
required; for requests over $100, twenty signatures are required.
2. The project must benefit the general neighborhood, not a select few residents. One
competitive basis for evaluating requests will be the number of residents who benefit
from the project.
"An Equal Opportunity Employer with a commitment to workforce diversification." 0
D2
EXCEPTION TO COMMUNITY DEVELOPMENT (CDBG) CONFLICT-OF-
INTEREST REGULATIONS FOR INHS LOAN - D. MAZZARELLA
WHEREAS, the Ithaca Neighborhood Housing Services (INHS) has informed the Ithaca Urban
Renewal Agency (IURA) that it has approved a home improvement loan from the INHS
Revolving Loan Fund to David Mazzarella, subject to approval by the U.S. Department of
Housing and Urban Development(HUD) of a conflict-of-interest exception, and
WHEREAS, David Mazzarella has applied for loan assistance to INHS to make energy
efficiency home improvements to his house located at 607 Utica Street, and
WHEREAS, David Mazzarella is the brother of Paul Mazzarella, the Executive Director of
INHS, and
WHEREAS,the INHS Revolving Loan Fund is primarily capitalized from funds granted to the
City of Ithaca through the Small Cities Community Development Block Grant (CDBG)program,
therefore use of the INHS Revolving Loan Fund must comply with CDBG regulations, and
WHEREAS, conflict-of-interest regulations (24 CFR 570.611) governing the CDBG program
specify that any relative of an employee, who is in a decision making position with respect to
CDBG funds, of an agency receiving CDBG funds may not obtain a financial benefit from
CDBG funds except upon written approval of HUD of a request for an exception that meets
certain threshold requirements including:
1. Public disclosure of the potential conflict-of-interest;
2. A legal opinion from the City Attorney on the matter; and,
3. Consideration of a series of factors to assess whether the public interest is
served [24 CFR 570.611(d)(2)], and
WHEREAS,the nature of the potential conflict-of-interest is hereby publicly disclosed before
the Planning,Neighborhoods and Economic Development Committee meeting of May 19, 2004,
and
WHEREAS, the City Attorney has concluded that neither New York State law nor the local laws
of the City of Ithaca prohibit a loan from the INHS Revolving Loan Fund to David Mazzarella,
and,
WHEREAS, INHS certifies that Paul Mazzarella has recused himself from this matter and has
not, nor will he,play any role in the review, approval, or implementation of this loan, and
WHEREAS, David Mazzarella, as a low-income homeowner, is a member of a group of persons
intended to be the beneficiaries of the Energy Smart Loan Program, and
WHEREAS, INHS certifies that the terms and conditions for the loan offered to David
Mazzarella will be the same as they are for all other participants in the Energy Smart Loan
Program, and
q:\planning\stafflnels\iura\resolutions\2004\reso pn&ed conflict of interest 5-19-04.doc
WHEREAS, INHS certifies that approving the loan to David Mazzarella will not deplete the
INHS Revolving Loan Fund to an extent that will result in other potential program participants
being denied the ability to receive a similar loan, and
WHEREAS, INHS indicates that denial of the loan would impose a hardship on David
Mazzarella, and
WHEREAS,that the Planning,Neighborhoods and Economic Development Committee
considered this matter at their May 19, 2004 meeting and recommends the following, now
therefore be it
RESOLVED, that the Common Council authorizes the Ithaca Urban Renewal Agency to submit
a formal request to HUD for an exception to the conflict-of-interest provisions under
24 CFR 570.611 to allow INHS to approve a loan from the INHS Revolving Loan Fund to David
Mazzarella to make energy improvements to his home.
q:\planning\stafflnels\iura\resolutions\2004\reso pn&ed conflict of interest 5-19-04.doc
Ithaca
neighborhood -lousing
6l""`^
Services 115 West Clinton Street Ithaca, NY 14850
P: (607) 277 4500 F: (607) 277 4536
April 25, 2004 _ -
•
Mr. Nels Bohn, Director of Community Development
Ithaca Urban Renewal Agency APR 2 7 2004
108 East Green St.
Ithaca, NY 14850
n t,
Re: Request for Conflict of Interest Exception --- — -- --
Dear Nels:
Ithaca Neighborhood Housing Services (INHS) would like to make a formal request to the
IURA and the City of Ithaca for assistance in seeking an exception to the conflict of
interest requirements relating to the use of the INHS Revolving Loan Fund. The details of
this request are as follows.
My brother, David Mazzarella, has applied for a loan from INHS to make energy
improvements to his house at 607 Utica St. This loan would be made under the
provisions of the NYSERI7A Energy Smart Loan Program, for which INHS is a certified
NYSERDA lender. The Energy Smart loan would be complemented by the NYSERDA
Assisted Home Performance with Energy Star program, which provides grants to
encourage energy efficiency improvements to income eligible homeowners. These funds
would be used to fund improvements such as the replacement of an outdated heating
system, upgrading insulation and air sealing, and replacing inefficient windows. If
approvea, the loan would be funded using the Revolving Loan Fund, which is primarily
capitalized from funds obtained through the Small Cities Community Development Block
Grant program. The amount of the loan or the grant has not yet been determined, since
this will be based on the inspection of David Mazzarella's home by an independent,
Building Performance Institute-certified contractor and the development of a work plan
that is designed to achieve NYSERDA's standards for energy efficiency.
The regulations governing the use of CDBG funds prohibit any official or staff from any
agency using these funds, including immediate family members, from receiving
assistance using CDBG funds when such person participates in any function related to
CDBG activities or decision-making authority over those funds. However, the
Department of Housing and Urban Development (HUD), can grant an exception on a
case-be-case basis if it determines that such an exception will further the purposes of the
Housing and Community Development Act of 1974 and the local program. These
regulations can be found at 24 CFR 570.611.
As Executive Director of INHS, I am directly responsible for the management of these
funds. My roles include the development of policies and programs for the use of these
funds; the supervision of staff who implement programs; and fiduciary responsibilities
NghborWo,N• A EQUAL HOUSING
OPPORTUNITY
CHARTERED MEMBER
relating to monitoring, reporting and administering these funds. My position is directly
responsible to the Board of Directors of INHS.
INHS was established in 1976 as a community-based partnership that seeks to promote
neighborhood revitalization and affordable housing. One of the most important parts of
its mission is to serve as a source of affordable financing so that low-income homeowners
can improve the condition and affordability of their homes. INHS has adopted by-laws
that acknowledge both the perception and reality of conflicts of interest. The INHS
conflict of interest policies provide guidance on the issue of making a loan to a family
member of either a board or staff member. These policies do not prohibit such loans, but
do require that all cases of real or potential conflict of interest be disclosed and reviewed
by the INHS Board of Directors. The Board must make a ruling on a case-by-case basis.
The INHS Board reviewed this case at their meeting on April 15, 2004 and determined
that subject to the conditions that this loan is handled in strict accordance with our
established procedures and that I am not involved in the approval of the loan, it should
be approved. Since the HUD regulations at 24 CFR 570.611 impose a stricter standard
for addressing conflict of interest than the INHS by-laws, the INHS Board also voted to
seek a conflict of interest exception from HUD. Final,approval of this loan will be granted
only if HUD approves this request.
The INHS Board believes that a request for an exception to the conflict of interest
regulations for David Mazzarella should be granted for the following reasons:
• The benefits that would derived by David Mazzarella from participation in this
program are the same benefits that are available to all other eligible program
participants. This loan would be made under an established program that INHS
markets to the entire community. The purpose of this program is to promote energy
efficiency improvements and enhanced housing affordability for low-income
homeowners.
. David Mazzarella is an eligible participant under the eligibility rules established
for this program. He is a member of the specific group of low-income people that are
intended to be the beneficiaries of the services offered under this program. He is a
homeowner who lives in the INHS service area and has been determined to be
income-eligible to participate in the program. His eligibility has been reviewed and
approved by both the INHS staff and the staff of NYSERDA. NYSERDA's procedures
for both the Energy Smart loan program and the Assisted Home Performance with
Energy Star program require their independent review and approval of all eligibility
requirements.
. The terms and conditions for the loan to be offered under this program will be
same for David Mazzarella as they are for all other participants in this program.
INHS operates this loan program with an established interest rate that is the same for
all program participants. INHS and NYSERDA reserve the right to change the terms
of this program at any time in the future, but any such changes will affect all program
participants the same.
. Paul Mazzarella, Executive Director, has not been and will not be involved in
any aspect of the approval for this loan. The application by David Mazzarella has
been handled by the INHS staff member designated for this role, Diana Garcia,
Director of Lending Services. The final approval by INHS will be performed by the
INHS Loan Committee, which consists of INHS Board and community members. The
NYSERDA approval will be performed by NYSERDA staff in Albany, NY. The INHS
Board of Directors directed Paul Mazzarella to prepare this request for an exception to
the conflict of interest regulations.
• If approved, this loan will not deplete the INHS Revolving Loan Fund to an
extent that will deny other potential program participants the ability to receive
a similar loan. INHS manages its loan funds to assure that sufficient funds are
available to meet consumer demand. If needed, INHS can sell loans to a secondary
market buyer, Neighborhood Housing Services of America, to recapitalize its loan
fund. INHS has not had to deny any applicant a loan due to a lack of available
resources since 1990.
• The denial of this request would impose a hardship upon David Mazzarella, who,
except for his relation to Paul Mazzarella, would be eligible to receive assistance
under this program. INHS is the only organization in the City of Ithaca that offers
this combination of loan terms, technical support services and access to NYSERDA
programs. The failure to approve this loan would deny an eligible applicant the right
to participant in a program that was established to serve his needs.
I would very much appreciate the IURA s swift review of this request so that the next
steps can be initiated quickly. The work that is likely to be performed under this loan
will have to be completed before the next heating season, which starts next September.
Since the contractors who perform this work are very busy, the work schedule is typically
prepared many months in advance. Even today, there is not much time available to
complete this process.
Thanks in advance for your attention to this matter.
Very truly yours,
Paul Mazzarella
Executive Director
cc: Mariette Geldenhuys, IURA Attorney
Martin Luster, City Attorney
..... , .A..,. f',, CITY OF ITHACA Q P'(
V ii-f_-T.1 f!l fT=_T=_l `�`' 108 East Green Street Ithaca, New York 14850-5690
l I Zr� I I TTTI OFFICE OF THE CITY ATTORNEY
4 0%--- Martin A.Luster,City Attorney Telephone: 607/274-6504
Patricia Dunn,Assistant City Attorney Fax: 607/274-6507
Robert A.Sarachan,Assistant City Attorney
Khandikile M.Sokoni,Associate Attorney
Dawn M.L.Tordel,Legal Assistant
April 29, 2004
David Sprague, President
Board of Directors
Ithaca Neighborhood Housing Services
do 115 West Clinton Street
Ithaca,NY 14850
Re: Request for Conflict of Interest Exception
Dear Mr. Sprague:
I have received a request for an opinion regarding a loan proposed to be made by Ithaca
Neighborhood Housing Services under the provisions of NYSERDA's Energy Smart Loan
Program. The loan applicant is David Mazzarella, brother of Paul Mazzarella, Executive
Director of INHS.
I understand that INHS is seeking an exception to the conflict of interest regulations (24
CFR 570.611) that govern the use of Community Development Block Grant funds, which is the
primary source of funding for the proposed loan.
I have been further advised that Paul Mazzarella has recused himself from this matter and
has not nor will he play any role in the review, approval, or implementation of this loan. All
Executive Director functions with regard to this particular application have been delegated to the
Director of Lending Services of INHS. Final action by INHS will be performed by the INHS
Loan Committee.
This loan application has been made pursuant to the NYSERDA Energy Smart Loan
Program. Final NYSERDA approval will be performed by NYSERDA staff in Albany, New
York.
After reviewing all of the facts and applicable law, including the Federal Regulations,
New York State law as it pertains to its public authorities, and NYSERDA in particular, and the
City of Ithaca Code, I am of the opinion that neither New York State law nor the local laws of
the City of Ithaca prohibit David Mazzarella's participation in the Energy Smart Loan Program
nor do they impede the application of INHS for a waiver by the United States Department of
An Equal Opportunity Employer with a commitment to workforce diversification." s;'J
David Sprague, President
Board of Directors
April 29, 2004
Page 2
Housing and Urban Development from the conflict of interest regulations regarding use of
CDBG funds.
Please feel free to contact me for any further information.
Very truly yours,
artin A. Lust r
City Attorney
MAL/dmlt
pc: Carolyn K. Peterson,Mayor
Nels Bohn,Director of Community Development,IURA
•
K:\Marry\Letters\INHS re Mozzarella conflict exception.doc
§570.607 24 CFR Ch.V(4-1-02 Edition)
(2) The cost of assistance required OMB Circulars A-87, A-110 (imple-
under this section may be paid from mented at 24 CFR part 84), A-122, A-133
local public funds, funds provided (implemented at 24 CFR part 45), and
under this part, or funds available from A-1282 (implemented at 24 CFR part
other sources. 44), as applicable, as they relate to the
(3) The grantee (or State and state acceptance and use of Federal funds
recipient, as applicable)must maintain under this part.The applicable sections
records in sufficient detail to dem- of 24 CFR parts 84 and 85 are set forth
onstrate compliance with the provi- at§570.502.
sion3 of this section. [60 FR,56916,Nov.9,1995]
(Approved by the Office of Management and
Budget under OMB control number 2506-0102) §570.611 Conflict of interest.
[61 FR 11477, Mar. 20, 1996, as amended at 61 (a) Applicability. (1) In the procure-
FR 51760,Oct.3,1996] ment of supplies, equipment, construc-
tion, and services by recipients and by
§570.607 Employment and contracting subrecipients, the conflict of interest
opportunities. provisions in 24 CFR 85.36 and 24 CFR
Grantees shall comply with: 84.42,respectively,shall apply.
(a)Executive Order 11246, as amended (2) In all cases not governed by 24
by Executive Orders 11375, 11478, 12086, CFR 85.36 and 84.42, the provisions of
and 12107(3 CFR, 1964-1965 Comp.,p.339; this section shall apply. Such cases in-
3 CFR, 1966-1970 Comp., p. 684; 3 CFR, elude the acquisition and disposition of
1966-1970 Comp., p. 803; 3 CFR, 1978 real property and the provision of as-
Comp.,p. 230; and 3 CFR, 1978 Comp.,p. sistance by the recipient or by its sub-
264) (Equal Employment Opportunity) recipients to individuals, businesses,
and the implementing regulations at 41 and other private entities under eligi-
CFR chapter 60;and ble activities that authorize such as-
(b) Section 3 of the Housing and sistance (e.g., rehabilitation, preserva-
Urban Development Act of 1968 (12 tion, and other improvements of pri-
U.S.C. 1701u) and implementing regula- vate properties or facilities pursuant to
tions at 24 CFR part 135. §570.202; or grants, loans, and other as-
sistance to businesses, individuals, and
[61 FR 5209,Feb.9,1996] other private entities pursuant to
§570.608 Lead-based paint. §570.203,570.204,570.455,or 570.703(i)).
P (b) Conflicts prohibited. The general
The Lead-Based Paint Poisoning Pre- rule is that no persons described in
vention Act (42 U.S.C. 4821-4846), the paragraph (c) of this section who exer-
Residential Lead-Based Paint Hazard cise or have exercised any functions or
Reduction Act of 1992 (42 U.S.C. 4851- responsibilities with respect to CDBG
4856), and implementing regulations at activities assisted under this part, or
part 35, subparts A, B, J, K, and R of who are in a position to participate in
this part apply to activities under this a decisionmaking process or gain in-
program. side information with regard to such
in-
[64 FR 50226,Sept.15,1999] activities, may obtain a financial in-
terest or benefit from a CDBG-assisted
§570.609 Use of debarred, suspended activity, or have a financial interest in
or ineligible contractors or sub- any contract, subcontract, or agree-
recipients. ment with respect to a CDBG-assisted
The requirements set forth in 24 CFR activity, or with respect to the pro-
part 5 apply to this program. ceeds of the CDBG-assisted activity, ei-
ther for themselves or those with
[61 FR 5209,Feb.9,1996] whom they have business or immediate
family ties, during their tenure or for
§570.610 Uniform administrative re- one year thereafter. For the UDAG pro-
quirements and cost principles. gram, the above restrictions shall
The recipient, its agencies or instru- apply to all activities that are a part of
mentalities, and subrecipients shall the UDAG project, and shall cover any
comply with the policies, guidelines,
and requirements of 24 CFR part 85 and 2 See footnote 1 at§570.200(a)(5).
150
4 •• CITY OF ITHACA
; 108 East Green Street— 3rd Floor Ithaca, New York 14850-5690
mut
DEPARTMENT OF PLANNING AND DEVELOPMENT
",A01••' • H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development - 607-274-6550 Community Development/IURA - 607-274-6559
Email: planning@cityofithaca.org Email: iuratttcityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
TO: Planning & Economic Development Committee
FROM: Rosemarie Tucker, Administrative Secretary
SUBJECT: Replacement Information for May 19th Committee Meeting
DATE: May 19, 2004
The attached documents are to replace those previously distributed to you in the packet and
labeled as D4. The document referred to as "Assignment of Parking Rights Under Sponsor
Agreement" is provided as a 'redline' version and 'final version' with all proposed corrections
incorporated.
Copy: Common Council
Mayor Carolyn Peterson
Doug McDonald
H. Matthys Van Cort
"An Equal Opportunity Employer with a commitment to workforce diversification." 0
=o � D4
44■1 n CITY OF ITHACA
v= 1TT 1I11TT1 `�% 108 East Green Street Ithaca, New York 14850-5690
�T1��1
TTII 1.43, OFFICE OF THE CITY ATTORNEY
!PPo 0 Martin A.Luster,City Attorney Telephone: 607/274-6504
Patricia Dunn,Assistant City Attorney Fax: 607/274-6507
Robert A. Sarachan,Assistant City Attorney
Khandikile M.Sokoni,Associate Attorney
Dawn M.L.Tordel,Legal Assistant
MEMORANDUM
To: Planning,Neighborhoods &Economic Development Committee
From: Khandikile M. Sokoni,Associate Attorney / 1G
•
Date: May 12, 2004
Subject: Seneca Place on the Commons—Consent to Assign Parking Rights.
Pursuant to an agreement by and among the City of Ithaca, the Ithaca Urban Renewal
Agency (IURA), and Cascade Plaza, LLC, the City guaranteed the developer use of an agreed
number of parking spaces in the Seneca Parking Garage. The parking spaces are to be reserved for
use by guests of the Hilton Hotel which is to be built at the site commonly referred to as "Seneca
Place on the Commons". The bank financing the project(i.e. M&T Real Estate Trust)has asked the
developer to assign the subject parking rights to the bank to hold as collateral for the project. That
way, in the event that they had to foreclose on the project,the lender would be guaranteed that the
parking would be available to facilitate completion and operation of the project. Therefore, M&T
is asking the City and the IURA to consent to the bank's request to have these parking rights
assigned to the bank.
A copy of the proposed"Consent to Assignment"that they presented to the City is enclosed
for your consideration. Please be advised that we have requested certain amendments to be made
to that document. For reference purposes the changes we have proposed are also enclosed. While
we have communicated to the developer's attorney that we need to have these amendments included
in the final Consent document, we have not yet received a revised version back from them. In the
meantime, in view of time constraints, we are asking the Committee to go ahead and review the
proposal on the understanding that these changes will be incorporated into the final document.
Ultimately, Common Council would need to decide whether or not to grant the consent.
Encl.
K:\KHANDI\MEMOS\City Consent to Assign Parking(Cimminelli Prj).doc 1
"An Equal Opportunity Employer with a commitment to workforce diversification." 0
R9semarie Tucker Ciminelli-M&T Assignment of Parking [Redline version].doc Page 1
D4
Revised May 18, 201:14
ASSIGNMENT OF PARKING RIGHTS UNDER SPONSOR AGREEMENT
THIS ASSIGNMENT OF PARKING RIGHTS UNDER SPONSOR
AGREEMENT ("Assignment") dated as of April , 2004 by and between
CASCADE PLAZA LLC, a New York limited liability company ("Borrower"), with
offices located at 350 Essjay Road, Williamsville, New York 14221, and M&T REAL
ESTATE TRUST, a Maryland real estate investment trust("Lender"), with offices located
at One Fountain Plaza, Buffalo,New York 14203.
RECITALS:
A. Borrower and Lender are about to enter or have entered into a
certain Building Loan Contract(the "Loan Agreement")providing for the advance by
Lender of amounts up to Twenty One Million Two Hundred Thousand and 00/100
Dollars($21,200,000.00)(the "Loan")to Borrower for the purpose of financing
construction of a 186,000+/-square foot(164,787+/-net rentable square foot)mixed use
(office, retail and hotel)9-story building, which building will consist of a 104-room
Hilton Garden Inn extended stay hotel (62,643+/-net rentable square feet)located on
floors six through nine with a ground floor lobby, which will include a restaurant, fitness
facility and indoor pool(the"Hotel Space"), 70,500+/-net rentable square feet of office
space located on floors two through five which will be leased in whole to Cornell
University and 22,460+/-net rentable square feet of office space that will be located on
floors two through five that is currently unleased(collectively,the"Office Space"), and
9,364+/-rentable square feet of retail space on the ground floor which is also currently
unleased(the"Retail Space")(the Hotel Space,the Office Space and the Retail Space are
collectively referred to herein as the"Improvements")on property located at the corner of
East Seneca Street and North Tioga Street,Ithaca,New York and more particularly
described on Schedule A, attached hereto and made a part hereof(the"Property").
B. Borrower has entered into a certain Sponsor Agreement(the
"Sponsor Agreement")dated May 12,2003 among Ithaca Urban Renewal Agency
("IURA"),the City of Ithaca(the"City"),Borrower and Ciminelli Development
Company,Inc. with regard to the Improvements.
C. Pursuant to Section 4.03(D)of the Sponsor Agreement, upon
completion of the Improvements,the City will be obligated to provide or cause to be
provided to Borrower certain"Primary Office Parking Permits"and certain"Secondary
Office Parking Permits"(as such terms are defined therein)on the terms and conditions
set forth in such Section 4.03(D)and in Exhibit B to the Sponsor Agreement(true and
correct copies of which are attached hereto as Schedule B), and the City will be obligated
to enter into a certain"Primary Office Parking Agreement"(as such term is defined
therein).
K:\Contracts\Cimminelli-M&T Assignment of Parking [Redline version].doc
Rosemarie Tucker-Ciminelli-M&T Assignment of Parking[Redline version].doc Page 2
2
D. Pursuant to Section 4.03(E)of the Sponsor Agreement, upon
completion of the Hotel Space,the City will be obligated to provide or cause to be
provided to Borrower one parking space per hotel room within the Hotel Space, with such
parking spaces to be contiguous and to be located on the lowest floors of the Seneca
Garage in Ithaca,New York, for the exclusive use of such Hotel Space, on the terms set
forth in such Section 4.03(E)and Exhibit C to the Sponsor Agreement(true and correct
copies of which are attached hereto and made a part hereof as Schedule C), and the City
will be obligated to enter into a certain"Hotel Parking Agreement"(as such term is
defined therein).
E. As a condition to making the Loan available to Borrower, Lender
has required that all of Borrower's rights under Section 4.03(A)-(J), Exhibit B and
Exhibit C to the Sponsor Agreement, all of Borrower's rights to enforce the City's
obligations thereunder as set forth in the Sponsor Agreement(including but not limited to
the rights set forth in Section 4.03(F), Section 4.03(J)and Section 6.01 of the Sponsor
Agreement), and all of Borrower's rights under the Primary Office Parking Agreement
and Hotel Parking Agreement(collectively,the"Parking Rights"), be pledged and
assigned to Lender as additional collateral security for repayment of the Loan.
F. As a condition to making the Loan available to Borrower, Lender
has required that the City and IURA acknowledge and consent to Borrower's assignment
of such Parking Rights to Lender, and that the City and IURA provide certain assurances
to Lender with regard to the continued availability of such Parking Rights to Lender and
Lender's successors and assigns should Lender acquire the Property through foreclosure,
deed in lieu of foreclosure, or otherwise, and agree to an extension of the Borrower's
obligation to complete the Project as set forth in Section 4.02 and Section 9.14 of the
Sponsor Agreement.
NOW, THEREFORE, in consideration of the foregoing, and of other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties hereby agree as follows:
1. The foregoing Recitals and the attached Consent of the City and
IURA are hereby incorporated into this Assignment and made a part hereof as if set forth
in full herein. Borrower hereby consents and agrees to all agreements of the City and
IURA as set forth in the attached Consent.
2. Borrower hereby assigns,pledges,transfers, sets over to Lender,
and grants a security interest to Lender in, all of the Parking Rights. This Assignment is
LRoosemarie Tucker-Ciminelli-M&T Assignment of Parking [Redline version].doc Page 3
3
given as additional security for the repayment of the Loan, and Lender is hereby
authorized to enforce all of the Parking Rights in its own name or as agent or attorney-in-
fact of Borrower,to the full extent that Lender may deem necessary or appropriate.
3. Borrower shall cause the City to fulfill its obligations under the
Sponsor Agreement and enter into the Primary Office Parking Agreement and the Hotel
Parking Agreement reflecting the business terms described in the Sponsor Agreement
(collectively,the"Parking Agreements")upon to the completion of the Improvements.
Borrower shall not execute such Parking Agreements until Lender has reviewed and
approved the terms thereof. Simultaneously with the execution of the Parking
Agreements, Borrower shall execute an assignment of Borrower's rights thereunder to
Lender, pursuant to a form of assignment comparable to this Assignment and otherwise in
form and content acceptable to Lender, and Borrower shall cause the City to execute a
consent to such assignment comparable in form to the consent executed by the City in
connection with this Assignment and otherwise in form and content acceptable to Lender.
4. Lender hereby grants to Borrower a conditional license,revocable
by the Lender upon the occurrence of any"Event of Default"under the Loan Agreement,
for the use of the Parking Rights by Borrower for Borrower's operation of the
Improvements.
5. Nothing herein shall require Lender to act for or on behalf of
Borrower under the Sponsor Agreement or the Parking Agreements or shall relieve
Borrower of any of its obligations under the Sponsor Agreement,the Parking
Agreements,the Loan Agreement or any other document or agreement made or given by
Borrower with or to Lender in connection with the Loan.
6. Borrower hereby represents and warrants to Lender that no
previous assignment of its interest in the Sponsor Agreement,the Parking Agreements or
the Parking Rights has been made, and Borrower agrees not to assign, sell,pledge,
transfer, mortgage or otherwise encumber its interest in the Sponsor Agreement,the
Parking Agreements or the Parking Rights so long as the Loan remains outstanding.
7. Borrower shall (i)pay all sums required to be paid by Borrower
under the Sponsor Agreement and the Parking Agreements, (ii)diligently perform,
observe and enforce all of the terms, covenants and conditions of the Sponsor Agreement
and the Parking Agreements on the part of Borrower to be performed, observed and
enforced to the end that all things shall be done which are necessary to keep unimpaired
the rights of Borrower under the Sponsor Agreement and the Parking Agreements, and
(iii)promptly notify Lender of the giving of any notice to Borrower of any default by
Rosemarie Tucker Ciminelli-M&T Assignment of Parking [Redline version].doc Page 4
4
Borrower in the performance or observance of any of the terms, covenants or conditions
of the Sponsor Agreement or the Parking Agreements on the part of Borrower to be
performed and observed.
8. Borrower shall not,without the prior consent of the Lender,
surrender the Sponsor Agreement or the Parking Agreements (once entered into in
accordance with the provisions of this Assignment)or terminate or cancel the Sponsor
Agreement or the Parking Agreements(once entered into in accordance with the
provisions of this Assignment)or modify, change, supplement, alter or amend the
Sponsor Agreement or the Parking Agreements(once entered into in accordance with the
provisions of this Assignment)in any respect, either orally or in writing, and Borrower
hereby assigns to Lender as further security for the payment of the Loan and for the
performance and observance of the terms, covenants and conditions of this Assignment,
all the rights, privileges and prerogatives of Borrower to surrender the Sponsor
Agreement or the Parking Agreements or to terminate, cancel,modify, change,
supplement, alter or amend the Sponsor Agreement or the Parking Agreements in any
respect, and any such surrender of the Sponsor Agreement or the Parking Agreements or
any termination, cancellation, modification, change, supplement, alteration or amendment
of the Sponsor Agreement or the Parking Agreements without the prior consent of
Lender shall be void and of no force and effect.
9. If Borrower shall default in the performance or observance of any
term, covenant or condition of the Sponsor Agreement or the Parking Agreements on the
part of Borrower to be performed or observed,then,without limiting the generality of the
other provisions of this Assignment, and without waiving or releasing Borrower from any
of its obligations hereunder, Lender shall have the right,but shall be under no obligation,
to pay any sums and to perform any act or take any action as may be appropriate to cause
all the terms, covenants and conditions of the Sponsor Agreement and the Parking
Agreements on the part of Borrower to be performed or observed to be promptly
performed or observed on behalf of Borrower,to the end that the rights of Borrower in,to
and under the Sponsor Agreement and the Parking Agreements shall be kept unimpaired
and free from default. Lender and any person designated by Lender shall have, and are
hereby granted,the right to enter upon the Property at any time and from time to time, for
the purpose of taking any such action.
10. If the City shall deliver to Lender a copy of any notice sent to
Borrower of default under the Sponsor Agreement or the Parking Agreements, such
notice shall constitute full protection to Lender for any action taken or omitted to be taken
by Lender in good faith in reliance thereon. Borrower shall, from time to time, use its
best efforts to obtain from the City such certificates of estoppel with respect to
compliance by Borrower with the terms of the Sponsor Agreement or the Parking
Agreements as may be requested by Lender.
Rosemarie Tucker-Ciminelli-M&T Assignment of Parking [Redline version].doc Page 5 i
5
11. Borrower hereby represents and certifies to Lender that(a)the
Sponsor Agreement is unmodified, and in full force and effect, and(b)there has occurred
no material default under the Sponsor Agreement and no event has occurred which,with
the passage of time or the giving of notice or both, would constitute a material default on
the part of the City or Borrower under the Sponsor Agreement.
12. This Assignment shall be binding upon the successors and assigns
of Borrower and shall inure to the benefit of the successors and assigns of Lender.
13. If any provision of this Assignment shall be held invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions shall
not in any way be affected or impaired thereby.
14. This Assignment shall be governed and construed in accordance
with the laws of the State of New York.
[The remainder of this page is intentionally left blank]
Rosemarie Tucker-Ciminelli-M&T Assignment of Parking[Redline version].doc Page 6
6
IN WITNESS WHEREOF, the parties have duly executed this
Assignment, as of the day and year first written above.
CASCADE PLAZA LLC
By: ITHACA TOWERS LLC,
Managing Member
By:
M&T REAL ESTATE TRUST
By:
Peter J. Olsen,
By:
Gregory M. Michalek.
Administrative Vice President
Consent and agreed to
CIMINELLI DEVELOPMENT COMPANY,INC.
By:
Rosemarie Tucker-Ciminelli-M&T Assignment of Parking [Redline version].doc Page 7
STATE OF NEW YORK )
) SS.:
COUNTY OF ERIE )
On the day of April , in the year 2004, before me,
the undersigned, a Notary Public in and for said state, personally appeared
, personally known to me or proved to me on the basis
of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that s/he executed the same in his/her capacity, and
that by his/her signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed this instrument.
Notary Public
STATE OF NEW YORK )
) SS.:
COUNTY OF ERIE )
On the day of April , in the year 2004, before me,
the undersigned, a Notary Public in and for said state, personally appeared Peter J.
91-senGregory M. Michalek, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed this instrument.
Notary Public
STATE OF NEW YORK )
) SS.:
COUNTY OF ERIE )
On the day of April , in the year 2004, before me,
the undersigned, a Notary Public in and for said state, personally appeared
, personally known to me or proved to me on the basis
of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that s/he executed the same in his/her capacity, and
that by his/her signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed this instrument.
Notary Public
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Rosemarde Tucker-amineIli-M&T Assignment of Parking [Redline version].doc Page 9
SCHEDULE A
Description of Premises
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SCHEDULE B
Sponsor Agreement- §4.03(D)&Exhibit B
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SCHEDULE C
Sponsor Agreement §4.03(E)&Exhibit C
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CONSENT TO ASSIGNMENT
THIS CONSENT TO ASSIGNMENT ("Consent"), made this day of
AprilJune, 2004, among the CITY OF ITHACA, a municipal corporation of the State of
New York (the "City"), with offices located at 108 E. Green Street, Ithaca, New York
14850, ITHACA URBAN RENEWAL AGENCY, an urban renewal agency organized
under the laws of the State of New York ("IURA"), with offices located at 108 E. Green
Street, Ithaca, New York 14850, and M&T REAL ESTATE TRUST, a Maryland real
estate investment trust ("Lender") with offices located at One Fountain Plaza, Buffalo,
New York 14203.
RECITALS:
A. Lender and Cascade Plaza LLC("Borrower")have entered into a
certain Assignment of Parking Rights Under Sponsor Agreement of even date
("Assignment"),to which this Consent is attached. All terms with initial capital letters
used in this Consent shall have the meaning set forth in the Assignment. Pursuant to the
Assignment,Borrower has assigned to Lender certain Parking Rights as described
therein.
B. As a condition to making the Loan available to Borrower, Lender
has required that the City and IURA acknowledge their consent to Borrower's assignment
of such Parking Rights to Lender and that the City and IURA provide certain assurances
to Lender with regard to the continued availability of such Parking Rights to Lender and
Lender's successors and assigns should Lender acquire the Property through foreclosure,
deed in lieu of foreclosure or otherwise, and agree to an extension of the Borrower's
obligation to complete the Project as set forth in Section'1.02 and Section 9.14 of the
.;e. . .. - ... . The-City and4UR \. as a material-inducement to Lender and
intend-Me to-be pally - ,reb . are exec-Hti- .. .:.I-ering...t-1 -F sent-to-pr vi4e-
the required assurances to Lender. for the purpose of completing(to the extent not vet
completed) and operating the Improvements as contemplated by the Sponsor Agreement;
it being acknowledged that should Lender so acquire Property but decide not to so
complete and operate the Improvements,then such Parking Rights would revert to the
City and IURA.
C. The City and IURA. as a material inducement to Lender and
intending to be legally bound hereby,are executing and delivering this Consent to provide
the required assurances to lender.
NOW, THEREFORE, in consideration of the foregoing, and of other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties hereby agree as follows:
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1. The foregoing Recitals are hereby incorporated into this Consent
and made a part hereof as if fully set forth herein.
2.
The City and IURA hereby consent to the Assignment, and to the assignment by
Borrower to Lender thereby of all of the Parking Rights. The City and IURA hereby
complete the"Downtown Project"(as defined in the Sponsor Agreement), as set forth in
Section 1.02 of the Sponsor Agreement, is hereby extended from 18 months after the
"Acquisition Date"(as defined in the Sponsor Agreement)to 21 months from the date of
this Consent, and the City and IURA hereby agree that the words"the date which is
eighteen(18)months after the Acquisition Date"as set forth in the first sentence of
Section 9.11 of the Sponsor Agreement,are hereby replaced with the words"April_,
2006". for the purpose of completing(to the extent not yet completed)and operating the
Improvements as contemplated by the Sponsor Agreement; provided. however, that in the
event that(..,ender so acquires Property but decides not to so complete and operate the
Improvements,then the Parking Rights would revert to the City and IURA.
3.
The City consents to any subsequent transfer(a"Subsequent Transfer")of the Parking
Rights to any person, corporation or other entity(x) in connection with Lender's exercise
of its rights and enforcement of its remedies under the documents evidencing or securing
the Loan(collectively,the"Loan Documents"), by deed or transfer in lieu of foreclosure,
at law, in equity or otherwise, (y)if Lender shall become a transferee pursuant to(x)
above, in connection with any future sale or other transfer by Lender of the Property, and
(z)in connection with any transfer of the Property after completion of the Improvements,
provided that the transferee shall assume in writing for the benefit of the City all
obligations and liabilities of Borrower under the Parking Agreements. The transferee in
connection with a Subsequent Transfer shall succeed to all right,title and interest of
Borrower and Lender and Lender shall not have any further liabilities, duties or
obligations to the City under either this Consent,the Parking Agreements or the
Assignment.
4.
The execution and delivery of the Assignment shall not be deemed to constitute an
assignment or transfer of the Sponsor Agreement, nor shall Lender, as such,be deemed to
be an assignee or transferee of the Sponsor Agreement so as to require Lender to assume
the performance of any of the terms, covenants or conditions on the part of Borrower to
be performed thereunder.
5.
(a)Neither the City nor IURA shall be entitled to take any action to terminate or reduce
the rights of Borrower under the Sponsor Agreement or the Parking Agreements or to
terminate the Sponsor Agreement as the result of a default by Borrower thereunder or
Rosemarie Tucker-Ciminelli-M&T Assignment of Parking [Redline version].doc Page 14
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otherwise unless(i)they shall have given Lender written notice of such default and(ii)
except as otherwise provided in paragraphs(b)and(c)of this Section 5, such default shall
not have been cured within the same cure period from such notice as is provided to
Borrower in the Sponsor Agreement or the Parking Agreements (but in any event, not less
than thirty(30)calendar days),which cure period shall begin on the date Lender receives
such notice. Failure of the City and IURA to provide such notice to Lender shall not
constitute a breach of this Consent or subject the City or IURA to any liability to Lender,
but no termination of the Sponsor Agreement,the Parking Agreements or the Parking
Rights by the City or TURA shall be binding upon Lender without such notice and the
expiration of the aforesaid cure period. Lender may,but shall not be obligated to, make
or cause to be made any payment or perform or cause to be performed any act required
under the Sponsor Agreement or the Parking Agreements to be made or performed by
Borrower with the same effect as if made or performed by Borrower.
(b) If a default under the Sponsor Agreement or the Parking
Agreements is of such nature that it cannot practicably be cured without first taking
possession of the Property or if such default is of such a nature that it is not susceptible of
being cured by Lender, then neither the City nor IURA shall be entitled to terminate the
Sponsor Agreement or the Parking Agreement by reason of such default if and for so long
as Lender shall proceed diligently to attempt to obtain possession of the Property pursuant
to the rights of Lender under the Loan Documents, and upon obtaining such possession,
Lender shall proceed diligently to cure such default if such default is susceptible of being
cured by Lender. If Lender is prohibited by any process, injunction or other action by any
court, or by reason of any bankruptcy or insolvency proceeding involving Borrower or the
Property, from commencing or prosecuting such foreclosure or other appropriate
proceedings in the nature thereof, the foregoing requirements that the Lender proceed
diligently to attempt to obtain possession of the Property shall be suspended for the
period of such prohibition.
(c) If Lender, or a purchaser at a foreclosure sale, shall acquire
title to the Property, then any default of Borrower under the Sponsor Agreement or the
Parking Agreements that is not susceptible of being cured by Lender or such purchaser,
as the case may be (including the bankruptcy or insolvency of Borrower) shall no longer
be deemed to be a default under the Sponsor Agreement or the Parking Agreements.
(d) In the event that the Sponsor Agreement or the Parking
Agreements are terminated by reason of bankruptcy of Borrower, and subject to and in
accordance with the provisions of paragraph (f) of this Section 5, the City and IURA
shall, at the option of Lender, enter into an agreement with the Lender having the same
terms and conditions as the Sponsor Agreement and/or the Parking Agreements and for
the then remaining term of the Sponsor Agreement and/or the Parking Agreements.
(e) Lender shall have the right, but not the obligation, at any
time prior to the termination of the Sponsor Agreement and the Parking Agreements and
without payment of any penalty, to pay all amounts then due and payable under the
Rosemarie Tucker-Ciminelli-M&T Assignment of Parking [Redline version].doc Page 15
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Sponsor Agreement and the Parking Agreements and to do any other act or thing that may
be necessary and proper to be done in the performance and observance of the agreements,
covenants and conditions of Borrower under the Sponsor Agreement and the Parking
Agreements to prevent termination of the Sponsor Agreement and the Parking
Agreements; provided that in order to prevent a termination of the Sponsor Agreement
and the Parking Agreements, Lender only need cure those defaults of which it was
properly notified pursuant to the terms hereof All payments so made and all things so
done and performed by Lender within the time periods provided in this Section 5 shall be
effective to prevent a termination of the Sponsor Agreement and the Parking Agreements.
(f) In the event of the termination of the Sponsor Agreement
and the Parking Agreements as a result of the Borrower's default, the City and IURA
shall, in addition to providing the notices of default, provide Lender with written notice
that the Sponsor Agreement and/or the Parking Agreements have been terminated,
together with a statement of all sums which would at that time be due under the Sponsor
Agreement and the Parking Agreements but for such termination, and of all other
defaults, if any, then known to the City and IURA. At Lender's sole option, the City and
IURA further agree to enter into a new Sponsor Agreement and/or new Parking
Agreements with Lender or Lender's designee for the remainder of the term of the
Sponsor Agreement and the Parking Agreements, effective as of the date of Lender's or
Lender's designee's acquisition or obtaining site control of the Property, upon the terms,
covenants and conditions (including all options to renew but excluding requirements
which are not applicable or which have already been fulfilled) of the Sponsor Agreement
and the Parking Agreements.
(g) Nothing in this Section 5 shall release or waive any
obligation of the Borrower under the Sponsor Agreement or the Parking Agreements.
6. The City and IURA shall,without charge, at any time and from
time to time hereafter deliver to Lender,within ten(10)business days after request
therefor, an estoppel certificate which shall state,to the extent the same is true,that(i)the
Sponsor Agreement and the Parking Agreements are in full force and effect and have not
been modified or amended in any respect, (ii)any amounts required to be paid under the
Sponsor Agreement and the Parking Agreements have been paid to date, and(iii)there
are no defaults existing under the Sponsor Agreement or the Parking Agreements on the
part of any of the City, IURA or Borrower,and that there has occurred no event which,
upon the passage of time or the giving of notice or both, will constitute a default under
the Sponsor Agreement or the Parking Agreements. Any such certificate may be relied
upon by Lender and any other person, firm or corporation to whom the same may be
exhibited or delivered.
7. The City and IURA covenant that they shall not agree to any
termination(other than in compliance with this Consent)or accept any surrender of the
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Sponsor Agreement or the Parking Agreements(once entered into),nor shall they consent
to any amendment, supplement or modification of the Sponsor Agreement or the Parking
Agreements(once entered into), without the prior written consent of Lender.
8. The City and IURA hereby represent and certify to Lender that: (a)
the Sponsor Agreement is unmodified and in full force and effect; and(b)there has
occurred no default under the Sponsor Agreement and no event has occurred which,with
the passage of time or the giving of notice or both will constitute a default on the part of
the City, IURA or Borrower under the Sponsor Agreement.
9. The City acknowledges that the City is obligated to enter into the
Parking Agreements upon the completion of the Improvements. The terms and
provisions of such Parking Agreements shall reflect the business terms described in the
Sponsor Agreement and shall be subject to the prior review and approval of Lender. The
City acknowledges that Borrower has agreed to execute and deliver to Lender an
assignment of Borrower's rights under the Parking Agreements,which will be on a form
comparable to the Assignment and otherwise in form and content acceptable to Lender
and, in connection with such future assignment,the City agrees to execute a consent
comparable in form to this Consent, and otherwise in form and content acceptable to
Lender.
10. The City hereby represents and warrants that this Consent has been
duly authorized by the City by all necessary action of the City Council and Mayor, and
that this Consent constitutes the valid and binding agreement of the City,enforceable in
accordance with its terms. IURA hereby represents and warrants that this Consent has
been duly authorized by all necessary corporate action on the part of IURA's Board of
Directors, and that this Consent constitutes the valid and binding agreement of IURA,
enforceable in accordance with its terms.
11. If any provision of this Consent shall be held invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions shall
not in any way be affected or impaired thereby.
12. This Consent shall be governed and construed in accordance with
the laws of the State of New York. This Consent shall be binding upon the successors
and assigns of the City and IURA and shall inure to the benefit of the successors and
assigns of the Lender.
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IN WITNESS WHEREOF, the City, IURA and Lender have executed this
Consent as of the date first written above.
CITY OF ITHACA
By:
ITHACA URBAN RENEWAL AGENCY
By:
M&T REAL ESTATE TRUST
By:
Peter J. Olsen,
Gregory M. Michalek,
Administrative Vice President
Rosemarje Tucker- Ciminelli-M&T Assignment of Parking [Redline version].doc Page 18
STATE OF NEW YORK )
) SS.:
COUNTY OF TOMPKINS )
On the day of April , in the year 2004, before
me, the undersigned, a Notary Public in and for said state, personally appeared
, personally known to me or proved to me on the basis
of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that s/he executed the same in his/her capacity, and
that by his/her signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed this instrument.
Notary Public
STATE OF NEW YORK )
) SS.:
COUNTY OF TOMPKINS )
On the day of April , in the year 2004, before me,
the undersigned, a Notary Public in and for said state, personally appeared
, personally known to me or proved to me on the basis
of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that s/he executed the same in his/her capacity, and
that by his/her signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed this instrument.
Notary Public
STATE OF NEW YORK )
) SS.:
COUNTY OF ERIE )
On the day of April , in the year 2004, before
me, the undersigned, a Notary Public in and for said state, personally appeared Peter J.
OlsenGregory M. Michalek, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed this instrument.
Notary Public
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Revised May 18, 2004
ASSIGNMENT OF PARKING RIGHTS UNDER SPONSOR AGREEMENT
THIS ASSIGNMENT OF PARKING RIGHTS UNDER SPONSOR
AGREEMENT ("Assignment") dated as of April 29, 2004 by and between CASCADE
PLAZA LLC, a New York limited liability company ("Borrower"), with offices located at
350 Essjay Road, Williamsville, New York 14221, and M&T REAL ESTATE TRUST, a
Maryland real estate investment trust ("Lender"), with offices located at One Fountain
Plaza,Buffalo,New York 14203.
RECITALS:
A. Borrower and Lender are about to enter or have entered into a
certain Building Loan Contract(the "Loan Agreement")providing for the advance by
Lender of amounts up to Twenty One Million Two Hundred Thousand and 00/100
Dollars($21,200,000.00)(the "Loan")to Borrower for the purpose of financing
construction of a 186,000+/- square foot(164,787+/-net rentable square foot)mixed use
(office,retail and hotel)9-story building,which building will consist of a 104-room
Hilton Garden Inn extended stay hotel (62,643+/-net rentable square feet)located on
floors six through nine with a ground floor lobby, which will include a restaurant, fitness
facility and indoor pool(the"Hotel Space"), 70,500+/-net rentable square feet of office
space located on floors two through five which will be leased in whole to Cornell
University and 22,460+/-net rentable square feet of office space that will be located on
floors two through five that is currently unleased(collectively,the"Office Space"), and
9,364+/-rentable square feet of retail space on the ground floor which is also currently
unleased(the"Retail Space")(the Hotel Space,the Office Space and the Retail Space are
collectively referred to herein as the"Improvements")on property located at the corner of
East Seneca Street and North Tioga Street, Ithaca,New York and more particularly
described on Schedule A, attached hereto and made a part hereof(the"Property").
B. Borrower has entered into a certain Sponsor Agreement(the
"Sponsor Agreement")dated May 12, 2003 among Ithaca Urban Renewal Agency
("IURA"),the City of Ithaca(the"City"),Borrower and Ciminelli Development
Company,Inc. with regard to the Improvements.
C. Pursuant to Section 4.03(D)of the Sponsor Agreement,upon
completion of the Improvements,the City will be obligated to provide or cause to be
provided to Borrower certain"Primary Office Parking Permits" and certain"Secondary
Office Parking Permits"(as such terms are defined therein)on the terms and conditions
set forth in such Section 4.03(D)and in Exhibit B to the Sponsor Agreement(true and
correct copies of which are attached hereto as Schedule B), and the City will be obligated
to enter into a certain"Primary Office Parking Agreement"(as such term is defined
therein).
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D. Pursuant to Section 4.03(E)of the Sponsor Agreement,upon
completion of the Hotel Space,the City will be obligated to provide or cause to be
provided to Borrower one parking space per hotel room within the Hotel Space,with such
parking spaces to be contiguous and to be located on the lowest floors of the Seneca
Garage in Ithaca,New York, for the exclusive use of such Hotel Space, on the terms set
forth in such Section 4.03(E)and Exhibit C to the Sponsor Agreement(true and correct
copies of which are attached hereto and made a part hereof as Schedule C), and the City
will be obligated to enter into a certain"Hotel Parking Agreement"(as such term is
defined therein).
E. As a condition to making the Loan available to Borrower,Lender
has required that all of Borrower's rights under Section 4.03(A)-(J), Exhibit B and
Exhibit C to the Sponsor Agreement, all of Borrower's rights to enforce the City's
obligations thereunder as set forth in the Sponsor Agreement(including but not limited to
the rights set forth in Section 4.03(F), Section 4.03(J)and Section 6.01 of the Sponsor
Agreement), and all of Borrower's rights under the Primary Office Parking Agreement
and Hotel Parking Agreement(collectively,the"Parking Rights"), be pledged and
assigned to Lender as additional collateral security for repayment of the Loan.
F. As a condition to making the Loan available to Borrower, Lender
has required that the City and IURA acknowledge and consent to Borrower's assignment
of such Parking Rights to Lender, and that the City and IURA provide certain assurances
to Lender with regard to the continued availability of such Parking Rights to Lender and
Lender's successors and assigns should Lender acquire the Property through foreclosure,
deed in lieu of foreclosure, or otherwise.
NOW, THEREFORE, in consideration of the foregoing, and of other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties hereby agree as follows:
1. The foregoing Recitals and the attached Consent of the City and
IURA are hereby incorporated into this Assignment and made a part hereof as if set forth
in full herein. Borrower hereby consents and agrees to all agreements of the City and
IURA as set forth in the attached Consent.
2. Borrower hereby assigns, pledges,transfers, sets over to Lender,
and grants a security interest to Lender in, all of the Parking Rights. This Assignment is
given as additional security for the repayment of the Loan, and Lender is hereby
authorized to enforce all of the Parking Rights in its own name or as agent or attorney-in-
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fact of Borrower,to the full extent that Lender may deem necessary or appropriate.
3. Borrower shall cause the City to fulfill its obligations under the
Sponsor Agreement and enter into the Primary Office Parking Agreement and the Hotel
Parking Agreement reflecting the business terms described in the Sponsor Agreement
(collectively,the"Parking Agreements")upon to the completion of the Improvements.
Borrower shall not execute such Parking Agreements until Lender has reviewed and
approved the terms thereof. Simultaneously with the execution of the Parking
Agreements,Borrower shall execute an assignment of Borrower's rights thereunder to
Lender, pursuant to a form of assignment comparable to this Assignment and otherwise in
form and content acceptable to Lender, and Borrower shall cause the City to execute a
consent to such assignment comparable in form to the consent executed by the City in
connection with this Assignment and otherwise in form and content acceptable to Lender.
4. Lender hereby grants to Borrower a conditional license,revocable
by the Lender upon the occurrence of any"Event of Default"under the Loan Agreement,
for the use of the Parking Rights by Borrower for Borrower's operation of the
Improvements.
5. Nothing herein shall require Lender to act for or on behalf of
Borrower under the Sponsor Agreement or the Parking Agreements or shall relieve
Borrower of any of its obligations under the Sponsor Agreement,the Parking
Agreements,the Loan Agreement or any other document or agreement made or given by
Borrower with or to Lender in connection with the Loan.
6. Borrower hereby represents and warrants to Lender that no
previous assignment of its interest in the Sponsor Agreement,the Parking Agreements or
the Parking Rights has been made, and Borrower agrees not to assign, sell, pledge,
transfer, mortgage or otherwise encumber its interest in the Sponsor Agreement,the
Parking Agreements or the Parking Rights so long as the Loan remains outstanding.
7. Borrower shall(i)pay all sums required to be paid by Borrower
under the Sponsor Agreement and the Parking Agreements, (ii)diligently perform,
observe and enforce all of the terms, covenants and conditions of the Sponsor Agreement
and the Parking Agreements on the part of Borrower to be performed, observed and
enforced to the end that all things shall be done which are necessary to keep unimpaired
the rights of Borrower under the Sponsor Agreement and the Parking Agreements, and
(iii)promptly notify Lender of the giving of any notice to Borrower of any default by
Borrower in the performance or observance of any of the terms,covenants or conditions
of the Sponsor Agreement or the Parking Agreements on the part of Borrower to be
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4
performed and observed.
8. Borrower shall not, without the prior consent of the Lender,
surrender the Sponsor Agreement or the Parking Agreements(once entered into in
accordance with the provisions of this Assignment)or terminate or cancel the Sponsor
Agreement or the Parking Agreements (once entered into in accordance with the
provisions of this Assignment)or modify, change, supplement, alter or amend the
Sponsor Agreement or the Parking Agreements(once entered into in accordance with the
provisions of this Assignment) in any respect,either orally or in writing, and Borrower
hereby assigns to Lender as further security for the payment of the Loan and for the
performance and observance of the terms, covenants and conditions of this Assignment,
all the rights, privileges and prerogatives of Borrower to surrender the Sponsor
Agreement or the Parking Agreements or to terminate, cancel,modify, change,
supplement, alter or amend the Sponsor Agreement or the Parking Agreements in any
respect, and any such surrender of the Sponsor Agreement or the Parking Agreements or
any termination, cancellation, modification, change, supplement, alteration or amendment
of the Sponsor Agreement or the Parking Agreements without the prior consent of
Lender shall be void and of no force and effect.
9. If Borrower shall default in the performance or observance of any
term, covenant or condition of the Sponsor Agreement or the Parking Agreements on the
part of Borrower to be performed or observed,then, without limiting the generality of the
other provisions of this Assignment, and without waiving or releasing Borrower from any
of its obligations hereunder, Lender shall have the right,but shall be under no obligation,
to pay any sums and to perform any act or take any action as may be appropriate to cause
all the terms, covenants and conditions of the Sponsor Agreement and the Parking
Agreements on the part of Borrower to be performed or observed to be promptly
performed or observed on behalf of Borrower,to the end that the rights of Borrower in,to
and under the Sponsor Agreement and the Parking Agreements shall be kept unimpaired
and free from default. Lender and any person designated by Lender shall have, and are
hereby granted,the right to enter upon the Property at any time and from time to time, for
the purpose of taking any such action.
10. If the City shall deliver to Lender a copy of any notice sent to
Borrower of default under the Sponsor Agreement or the Parking Agreements, such
notice shall constitute full protection to Lender for any action taken or omitted to be taken
by Lender in good faith in reliance thereon. Borrower shall, from time to time, use its
best efforts to obtain from the City such certificates of estoppel with respect to
compliance by Borrower with the terms of the Sponsor Agreement or the Parking
Agreements as may be requested by Lender.
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5
11. Borrower hereby represents and certifies to Lender that(a)the
Sponsor Agreement is unmodified,and in full force and effect, and(b)there has occurred
no material default under the Sponsor Agreement and no event has occurred which,with
the passage of time or the giving of notice or both, would constitute a material default on
the part of the City or Borrower under the Sponsor Agreement.
12. This Assignment shall be binding upon the successors and assigns
of Borrower and shall inure to the benefit of the successors and assigns of Lender.
13. If any provision of this Assignment shall be held invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions shall
not in any way be affected or impaired thereby.
14. This Assignment shall be governed and construed in accordance
with the laws of the State of New York.
[The remainder of this page is intentionally left blank]
Rosemarie Tucker-Ciminell-M&T Assignment of Parking [Clean Copy].doc Page 6
6
IN WITNESS WHEREOF, the parties have duly executed this Assignment,
as of the day and year first written above.
CASCADE PLAZA LLC
By: ITHACA TOWERS LLC,
Managing Member
By:
M&T REAL ESTATE TRUST
By:
Gregory M. Michalek,
Administrative Vice President
Consent and agreed to
CIMINELLI DEVELOPMENT COMPANY, INC.
By:
j Rosemarie Tucker-Ciminell-M&T Assignment of Parking[Clean Copy].doc Page 71
STATE OF NEW YORK )
) SS.:
COUNTY OF ERIE )
On the day of , in the year 2004, before me, the
undersigned, a Notary Public in and for said state, personally appeared
,personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument
and acknowledged to me that s/he executed the same in his/her capacity, and that by his/her
signature on the instrument, the individual, or the person upon behalf of which the
individual acted,executed this instrument.
Notary Public
STATE OF NEW YORK )
) SS.:
COUNTY OF ERIE )
On the day of , in the year 2004, before me, the
undersigned, a Notary Public in and for said state, personally appeared Gregory M.
Michalek, personally known to me or proved to me on the basis of satisfactory evidence to
be the individual whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his capacity,and that by his signature on the instrument,the
individual, or the person upon behalf of which the individual acted, executed this
instrument.
Notary Public
STATE OF NEW YORK )
) SS.:
COUNTY OF ERIE )
On the day of , in the year 2004, before me, the
undersigned, a Notary Public in and for said state, personally appeared
,personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument
and acknowledged to me that s/he executed the same in his/her capacity, and that by his/her
signature on the instrument, the individual, or the person upon behalf of which the
individual acted,executed this instrument.
Notary Public
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8
Rosemarie Tucker-Ciminell-M&T Assignment of Parking [Clean Copyj.doc Page 9
SCHEDULE A
Description of Premises
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Rosemarie Tucker Ciminell-M&T Assignment of Parking [Clean Copy].doc Page 10
SCHEDULE B
Sponsor Agreement- §4.03(D)&Exhibit B
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Rosemarie Tucker-Ciminell-M&T Assignment of Parking [Clean Copy].doc Page 11
SCHEDULE C
Sponsor Agreement§4.03(E)&Exhibit C
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Rosemarie Tucker-Ciminell-M&T Assignment of Parking [Clean Copy].doc Page 12
CONSENT TO ASSIGNMENT
THIS CONSENT TO ASSIGNMENT ("Consent"), made this day of
June, 2004, among the CITY OF ITHACA, a municipal corporation of the State of New
York (the "City"), with offices located at 108 E. Green Street, Ithaca, New York 14850,
ITHACA URBAN RENEWAL AGENCY, an urban renewal agency organized under the
laws of the State of New York ("IURA"), with offices located at 108 E. Green Street,
Ithaca, New York 14850, and M&T REAL ESTATE TRUST, a Maryland real estate
investment trust ("Lender") with offices located at One Fountain Plaza, Buffalo, New
York 14203.
RECITALS:
A. Lender and Cascade Plaza LLC ("Borrower")have entered into a
certain Assignment of Parking Rights Under Sponsor Agreement of even date
("Assignment"), to which this Consent is attached. All terms with initial capital letters
used in this Consent shall have the meaning set forth in the Assignment. Pursuant to the
Assignment, Borrower has assigned to Lender certain Parking Rights as described
therein.
B. As a condition to making the Loan available to Borrower, Lender
has required that the City and IURA acknowledge their consent to Borrower's assignment
of such Parking Rights to Lender and that the City and IURA provide certain assurances
to Lender with regard to the continued availability of such Parking Rights to Lender and
Lender's successors and assigns should Lender acquire the Property through foreclosure,
deed in lieu of foreclosure or otherwise for the purpose of completing(to the extent not
yet completed)and operating the Improvements as contemplated by the Sponsor
Agreement; it being acknowledged that should Lender so acquire Property but decide not
to so complete and operate the Improvements,then such Parking Rights would revert to
the City and IURA.
C. The City and IURA, as a material inducement to Lender and
intending to be legally bound hereby, are executing and delivering this Consent to provide
the required assurances to Lender.
NOW, THEREFORE, in consideration of the foregoing, and of other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties hereby agree as follows:
1. The foregoing Recitals are hereby incorporated into this Consent
and made a part hereof as if fully set forth herein.
2. The City and IURA hereby consent to the Assignment, and to the
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Rosemarie Tucker-Ciminell-M&T Assignment of Parking[Clean Copy].doc Page 13
13
assignment by Borrower to Lender thereby of all of the Parking Rights for the purpose of
completing(to the extent not yet completed)and operating the Improvements as
contemplated by the Sponsor Agreement; provided, however,that in the event that Lender
so acquires Property but decides not to so complete and operate the Improvements,then
the Parking Rights would revert to the City and IURA.
3. The City consents to any subsequent transfer(a"Subsequent
Transfer")of the Parking Rights to any person, corporation or other entity(x)in
connection with Lender's exercise of its rights and enforcement of its remedies under the
documents evidencing or securing the Loan(collectively,the"Loan Documents"),by
deed or transfer in lieu of foreclosure, at law, in equity or otherwise, (y)if Lender shall
become a transferee pursuant to(x)above, in connection with any future sale or other
transfer by Lender of the Property, and(z)in connection with any transfer of the Property
after completion of the Improvements, provided that the transferee shall assume in
writing for the benefit of the City all obligations and liabilities of Borrower under the
Parking Agreements. The transferee in connection with a Subsequent Transfer shall
succeed to all right,title and interest of Borrower and Lender and Lender shall not have
any further liabilities,duties or obligations to the City under either this Consent,the
Parking Agreements or the Assignment.
4. The execution and delivery of the Assignment shall not be deemed
to constitute an assignment or transfer of the Sponsor Agreement, nor shall Lender, as
such,be deemed to be an assignee or transferee of the Sponsor Agreement so as to require
Lender to assume the performance of any of the terms, covenants or conditions on the
part of Borrower to be performed thereunder.
5. (a)Neither the City nor IURA shall be entitled to take any action to
terminate or reduce the rights of Borrower under the Sponsor Agreement or the Parking
Agreements or to terminate the Sponsor Agreement as the result of a default by
Borrower thereunder or otherwise unless(i)they shall have given Lender written notice
of such default and(ii)except as otherwise provided in paragraphs(b)and(c)of this
Section 5, such default shall not have been cured within the same cure period from such
notice as is provided to Borrower in the Sponsor Agreement or the Parking Agreements
(but in any event, not less than thirty(30)calendar days),which cure period shall begin
on the date Lender receives such notice. Failure of the City and IURA to provide such
notice to Lender shall not constitute a breach of this Consent or subject the City or IURA
to any liability to Lender, but no termination of the Sponsor Agreement,the Parking
Agreements or the Parking Rights by the City or IURA shall be binding upon Lender
without such notice and the expiration of the aforesaid cure period. Lender may, but shall
not be obligated to, make or cause to be made any payment or perform or cause to be
performed any act required under the Sponsor Agreement or the Parking Agreements to
be made or performed by Borrower with the same effect as if made or performed by
Borrower.
(b) If a default under the Sponsor Agreement or the Parking
Rosemarie Tucker-Ciminell-M&T Assignment of Parking [Clean Copy].doc Page 14
14
Agreements is of such nature that it cannot practicably be cured without first taking
possession of the Property or if such default is of such a nature that it is not susceptible of
being cured by Lender, then neither the City nor IURA shall be entitled to terminate the
Sponsor Agreement or the Parking Agreement by reason of such default if and for so long
as Lender shall proceed diligently to attempt to obtain possession of the Property pursuant
to the rights of Lender under the Loan Documents, and upon obtaining such possession,
Lender shall proceed diligently to cure such default if such default is susceptible of being
cured by Lender. If Lender is prohibited by any process, injunction or other action by any
court, or by reason of any bankruptcy or insolvency proceeding involving Borrower or the
Property, from commencing or prosecuting such foreclosure or other appropriate
proceedings in the nature thereof, the foregoing requirements that the Lender proceed
diligently to attempt to obtain possession of the Property shall be suspended for the period
of such prohibition.
(c) If Lender, or a purchaser at a foreclosure sale, shall acquire
title to the Property, then any default of Borrower under the Sponsor Agreement or the
Parking Agreements that is not susceptible of being cured by Lender or such purchaser, as
the case may be (including the bankruptcy or insolvency of Borrower) shall no longer be
deemed to be a default under the Sponsor Agreement or the Parking Agreements.
(d) In the event that the Sponsor Agreement or the Parking
Agreements are terminated by reason of bankruptcy of Borrower, and subject to and in
accordance with the provisions of paragraph(f) of this Section 5, the City and IURA shall,
at the option of Lender, enter into an agreement with the Lender having the same terms and
conditions as the Sponsor Agreement and/or the Parking Agreements and for the then
remaining term of the Sponsor Agreement and/or the Parking Agreements.
(e) Lender shall have the right, but not the obligation, at any
time prior to the termination of the Sponsor Agreement and the Parking Agreements and
without payment of any penalty,to pay all amounts then due and payable under the Sponsor
Agreement and the Parking Agreements and to do any other act or thing that may be
necessary and proper to be done in the performance and observance of the agreements,
covenants and conditions of Borrower under the Sponsor Agreement and the Parking
Agreements to prevent termination of the Sponsor Agreement and the Parking Agreements;
provided that in order to prevent a termination of the Sponsor Agreement and the Parking
Agreements, Lender only need cure those defaults of which it was properly notified
pursuant to the terms hereof. All payments so made and all things so done and performed
by Lender within the time periods provided in this Section 5 shall be effective to prevent a
termination of the Sponsor Agreement and the Parking Agreements.
(f) In the event of the termination of the Sponsor Agreement and
the Parking Agreements as a result of the Borrower's default, the City and IURA shall, in
addition to providing the notices of default, provide Lender with written notice that the
Sponsor Agreement and/or the Parking Agreements have been terminated, together with a
statement of all sums which would at that time be due under the Sponsor Agreement and the
Rosemarie Tucker-Ciminell-M&T Assignment of Parking [Clean Copy].doc Page 15
15
Parking Agreements but for such termination, and of all other defaults, if any, then known
to the City and IURA. At Lender's sole option, the City and IURA further agree to enter
into a new Sponsor Agreement and/or new Parking Agreements with Lender or Lender's
designee for the remainder of the term of the Sponsor Agreement and the Parking
Agreements, effective as of the date of Lender's or Lender's designee's acquisition or
obtaining site control of the Property, upon the terms, covenants and conditions (including
all options to renew but excluding requirements which are not applicable or which have
already been fulfilled)of the Sponsor Agreement and the Parking Agreements.
(g) Nothing in this Section 5 shall release or waive any
obligation of the Borrower under the Sponsor Agreement or the Parking Agreements.
6. The City and IURA shall, without charge, at any time and from
time to time hereafter deliver to Lender,within ten(10)business days after request
therefor, an estoppel certificate which shall state,to the extent the same is true,that(i)the
Sponsor Agreement and the Parking Agreements are in full force and effect and have not
been modified or amended in any respect, (ii)any amounts required to be paid under the
Sponsor Agreement and the Parking Agreements have been paid to date, and(iii)there
are no defaults existing under the Sponsor Agreement or the Parking Agreements on the
part of any of the City, IURA or Borrower, and that there has occurred no event which,
upon the passage of time or the giving of notice or both, will constitute a default under
the Sponsor Agreement or the Parking Agreements. Any such certificate may be relied
upon by Lender and any other person, firm or corporation to whom the same may be
exhibited or delivered.
7. The City and IURA covenant that they shall not agree to any
termination(other than in compliance with this Consent)or accept any surrender of the
Sponsor Agreement or the Parking Agreements(once entered into),nor shall they consent
to any amendment, supplement or modification of the Sponsor Agreement or the Parking
Agreements(once entered into),without the prior written consent of Lender.
8. The City and IURA hereby represent and certify to Lender that: (a)
the Sponsor Agreement is unmodified and in full force and effect; and(b)there has
occurred no default under the Sponsor Agreement and no event has occurred which,with
the passage of time or the giving of notice or both will constitute a default on the part of
the City,IURA or Borrower under the Sponsor Agreement.
9. The City acknowledges that the City is obligated to enter into the
Parking Agreements upon the completion of the Improvements. The terms and
provisions of such Parking Agreements shall reflect the business terms described in the
Sponsor Agreement and shall be subject to the prior review and approval of Lender. The
Rosemarie Tucker-Ciminell-M&T Assignment of Parking [Clean Copy].doc Page 16
16
City acknowledges that Borrower has agreed to execute and deliver to Lender an
assignment of Borrower's rights under the Parking Agreements, which will be on a form
comparable to the Assignment and otherwise in form and content acceptable to Lender
and, in connection with such future assignment,the City agrees to execute a consent
comparable in form to this Consent, and otherwise in form and content acceptable to
Lender.
10. The City hereby represents and warrants that this Consent has been
duly authorized by the City by all necessary action of the City Council and Mayor, and
that this Consent constitutes the valid and binding agreement of the City, enforceable in
accordance with its terms. IURA hereby represents and warrants that this Consent has
been duly authorized by all necessary corporate action on the part of IURA's Board of
Directors, and that this Consent constitutes the valid and binding agreement of IURA,
enforceable in accordance with its terms.
11. If any provision of this Consent shall be held invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions shall
not in any way be affected or impaired thereby.
12. This Consent shall be governed and construed in accordance with
the laws of the State of New York. This Consent shall be binding upon the successors
and assigns of the City and IURA and shall inure to the benefit of the successors and
assigns of the Lender.
[The remainder of this page is intentionally left blank]
Rosemarie Tucker-Ciminell-M&T Assignment of Parking [Clean Copy].doc Page 17
17
IN WITNESS WHEREOF, the City, IURA and Lender have executed this
Consent as of the date first written above.
CITY OF ITHACA
By:
ITHACA URBAN RENEWAL AGENCY
By:
M&T REAL ESTATE TRUST
By:
Gregory M.Michalek,
Administrative Vice President
Rosemarie Tucker-Ciminell-M&T Assignment of Parking [Clean Copy].doc Page 18
STATE OF NEW YORK )
) SS.:
COUNTY OF TOMPKINS )
On the day of , in the year 2004, before me, the
undersigned, a Notary Public in and for said state, personally appeared
,personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument
and acknowledged to me that s/he executed the same in his/her capacity, and that by his/her
signature on the instrument, the individual, or the person upon behalf of which the
individual acted,executed this instrument.
Notary Public
STATE OF NEW YORK )
) SS.:
COUNTY OF TOMPKINS )
On the day of , in the year 2004, before me, the
undersigned, a Notary Public in and for said state, personally appeared
,personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument
and acknowledged to me that s/he executed the same in his/her capacity, and that by his/her
signature on the instrument, the individual, or the person upon behalf of which the
individual acted,executed this instrument.
Notary Public
STATE OF NEW YORK )
) SS.:
COUNTY OF ERIE )
On the day of , in the year 2004, before me, the
undersigned, a Notary Public in and for said state, personally appeared Gregory M.
Michalek, personally known to me or proved to me on the basis of satisfactory evidence to
be the individual whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his capacity,and that by his signature on the instrument,the
individual, or the person upon behalf of which the individual acted, executed this
instrument.
Notary Public
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Rosemauie Tucker- Ciminell-M&T Assignment of Parking [Clean Copy].doc Page 19
GBDOCS 175346v1 (3R@Q01!.DOC)
Ofc.of Asst.Secy.,Comm. Planning, Develop., HUD §570.613
such financial interest or benefit dur- such person to receive generally the
ing, or at any time after, such person's same interests or benefits as are being
tenure. made available or provided to the
(c)Persons covered. The conflict of in group or class;
terest provisions of paragraph (b) of (iv) Whether the affected person has
this section apply to any person who is withdrawn from his or her functions or
an employee,agent,consultant, officer, responsibilities, or the decisionmaking
or elected official or appointed official process with respect to the specific as-
of the recipient, or of any designated sisted activity in question;
public agencies, or of subrecipients (v) Whether the interest or benefit
that are receiving funds under this was present before the affected person
part. was in a position as described in para-
(d) Exceptions. Upon the written re- graph(b)of this section;
quest of the recipient, HUD may grant (vi) Whether undue hardship will re-
an exception to the provisions of para- suit either to the recipient or the per-
graph (b) of this section on a case-by- son affected when weighed against the
case basis when it has satisfactorily public interest served by avoiding the
met the threshold requirements of prohibited conflict;and
(d)(1) of this section, taking into ac- (vii) Any other relevant consider-
count the cumulative effects of para- ations.
graph(d)(2)of this section. [60 FR 56916,Nov.9,1995]
(1) Threshold requirements. HUD will
consider an exception only after the re- §570.612 Executive Order 12372.
cipient has provided the following doc- (a) General. Executive Order 12372,
umentation: Intergovernmental Review of Federal
(i) A disclosure of the nature of the Programs,and the Department's imple-
conflict, accompanied by an assurance menting regulations at 24 CFR part 52,
that there has been public disclosure of allow each State to establish its own
the conflict and a description of how process for review and comment on
the public disclosure was made;and proposed Federal financial assistance
(ii) An opinion of the recipient's at- programs.
torney that the interest for which the (b) Applicability. Executive Order
exception is sought would not violate 12372 applies to the CDBG Entitlement
State or local law. program and the UDAG program. The
(2) Factors to be considered for excep- Executive Order applies to all activi-
tions. In determining whether to grant ties proposed to be assisted under
a requested exception after the recipi- UDAG, but it applies to the Entitle-
ent has satisfactorily met the require- ment program only where a grantee
ments of paragraph (d)(1) of this sec- proposes to use funds for the planning
tion, HUD shall conclude that such an or construction (reconstruction or in-
exception will serve to further the pur- stallation) of water or sewer facilities.
poses of the Act and the effective and Such facilities include storm sewers as
efficient administration of the recipi- well as all sanitary sewers, but do not
ent's program or project, taking into include water and sewer lines con-
account the cumulative effect of the necting a structure to the lines in the
following factors,as applicable: public right-of-way or easement. It is
(i) Whether the exception would pro- the responsibility of the grantee to ini-
vide a significant cost benefit or an es- tiate the Executive Order review proc-
sential degree of expertise to the pro- ess if it proposes to use its CDBG or
gram or project that would otherwise UDAG funds for activities subject to
not be available; review.
(ii) Whether an opportunity was pro-
vided for open competitive bidding or §570.613 Eligibility restrictions for
negotiation; certain resident aliens.
(iii) Whether the person affected is a (a) Restriction. Certain newly legal-
member of a group or class of low- or ized aliens, as described in 24 CFR part
moderate-income persons intended to 49, are not eligible to apply for benefits
be the beneficiaries of the assisted ac- under covered activities funded by the
tivity, and the exception will permit programs listed in paragraph(e)of this
151
CITY OF ITHACA
D3
/Se-
` ��--F'. r , 108 East Green Street— 3rd Floor Ithaca, New York 14850-5690
�' f_T_fl i11T=-Tl
.`s IFTTT rTTT]I f.„;
DEPARTMENT OF PLANNING AND DEVELOPMENT
H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development - 607-274-6550 Community Development/IURA - 607-274-6559
Email: planning @cityofithaca.org Email: iura @cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
TO: Planning,Neighborhoods and Economic Development Committee
FROM: H. Matthys Van Cort
DATE: May 13, 2004
SUBJECT: Empire Zone–Resolution of Concurrence
At its April 7th meeting Common Council passed a"Resolution Authorizing the Mayor to Execute an
Empire Zone Boundary Revision Agreement with Schuyler County Partnership for Economic
Development."
There is a second action that the Common Council must take in order to make available Empire Zone
benefits to the selected sites in the City of Ithaca. This action is the passage of a resolution of"Support
and Concurrence with the Schuyler County Empire Zone Revision Application." As was reported at the
March 17th meeting of the Planning,Neighborhoods & Economic Development Committee (PNED)
and at the Council, this latter resolution may not be enacted by the Common Council until the State of
New York has approved Schuyler County's Empire Zone revision application and Schuyler has passed a
Local Law amending its Empire Zone boundaries.
Time is of the essence for the City of Ithaca's action regarding the Resolution of Concurrence because
all of the above actions, including a 30-day waiting period, must take place before the end of July 2004
when the current Empire Zone legislation expires due to a sunset provision established by the State
Legislature.
Consequently, we are requesting that the PNED Committee give its approval to the attached Resolution
of Concurrence and that the Committee refer the Resolution to Common Council for action at the
earliest possible date after the necessary actions by the State of New York and Schuyler County. I will
let you know as soon as we are informed that the necessary actions by the State and Schuyler County
have taken place.
A draft example Local Law such as will be passed by Schuyler County is also attached for your
information.
If you have any questions about this, please call me (274-6552).
Copies: Julie Holcomb, City Clerk
Denise Sanderson, TCAD
'An Equal Opportunity Employer with a commitment to workforce diversification." 0
SUPPORT AND CONCURRENCE WITH THE SCHUYLER COUNTY EMPIRE ZONE
REVISION APPLICATION
WHEREAS,New York State has created the Empire Zone program to encourage economic
development in selected municipalities across the State, and
WHEREAS, Schuyler County, as an eligible municipality, received designation as an Empire
Zone, and
WHEREAS, Schuyler County intends to revise the County Empire Zone boundaries to
encourage economic development, and
WHEREAS, such revisions include projects undertaken within the City of Ithaca, and
WHEREAS, Common Council of the City of Ithaca is committed to the development of new
business within the Empire Zone, and
WHEREAS, the City of Ithaca wishes to support and concur with the Schuyler County Local
Law NO. 2 of the year 2004.
NOW, THEREFORE, be it resolved that Common Council of the City of Ithaca, in its capacity
as governing body of the City of Ithaca, does hereby support and concur with the Schuyler
County Empire Zone revision application.
q:\planning\staft\doug mcd\empire zone\ez project tyrone\city resoloution draft 030104 revised.doc
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN EMPIRE
ZONE BOUNDARY REVISION AGREEMENT WITH SCHUYLER COUNTY
PARTNERSHIP FOR ECONOMIC DEVELOPMENT
WHEREAS,New York State has created the Empire Zone program to encourage economic
development in selected municipalities across the State, and
WHEREAS, Schuyler County, as an eligible municipality, received designation as an Empire
Zone, and
WHEREAS, Schuyler County intends to revise the County Empire Zone boundaries to
encourage economic development, and
WHEREAS, such revisions include projects undertaken within the City of Ithaca, and
WHEREAS, Empire Zone designation for areas in the City would improve financial feasibility
for projects in those designated areas, and
WHEREAS, the Common Council of the City of Ithaca is committed to the development of new
business within the Empire Zone, and
WHEREAS, the City of Ithaca is desirous of inclusion of areas of the City in Empire Zone, and
WHEREAS, an Empire Zone Boundary Revision Agreement between the Schuyler County
Partnership for Economic Development(SCOPED) and the City of Ithaca must be executed if
projects in the City of Ithaca are to included in the Schuyler County Empire Zone, now therefore
be it
RESOLVED,that the Mayor is hereby authorized and directed to execute the attached Empire
Zone Boundary Revision Agreement with Schuyler County Partnership for Economic
Development.
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EMPIRE ZONE BOUNDARY REVISION AGREEMENT
THIS AGREEMENT made this day of , 2004 by and between the
SCHUYLER COUNTY PARTNERSHIP FOR ECONOMIC DEVELOPMENT('SCOPED'), a
public-private partnership duly formed and validly existing under the laws of the State of New
York having an office for the transaction of business at 2 North Franklin Street, Watkins Glen,
New York 14891 ("SCOPED"), and City of Ithaca, a municipal corporation of the State of New
York having an office for the transaction of business at 108 E. Green St., Ithaca,NY 14850;
WITNES SETH
WHEREAS, 'SCOPED' has received and considered applications for projects [A, B, C, etc.] (the
"Projects" or individually the "Project"), which are proposed to be undertaken within the City of
Ithaca, requesting that the Projects be included within the Schuyler County Empire Zone (the
"Zone"); and
WHEREAS, the Projects have significant potential for business development and job creation,
which would enhance the economic revitalization of Schuyler County and the regional corridor
running between it and the populations of the City of Ithaca and surrounding municipalities, and
provide job opportunities for its residents; and
WHEREAS, 'SCOPED' desires to include the sites of the Projects in the Zone as part of its
current boundary revision process; and
WHEREAS, 'SCOPED' desires to submit to the Commissioner of Economic Development a
request to revise the boundaries of the Zone to include the sites of the Projects therein; and
WHEREAS, the City of Ithaca desires to concur with 'SCOPED's submission to the
Commissioner of Economic Development of a request to revise the boundaries of the Zone to
include the sites of the Projects within the City of Ithaca in the Zone; and
WHEREAS, in the event that any Project fails to be materially completed on or before the
second anniversary of the execution of this Agreement(the "Agreed Completion Date"),
'SCOPED' desires to remove the site of such Project from the Zone; and
WHEREAS, in the event that 'SCOPED' submits to the Commissioner of Economic
Development a request to revise the boundaries of the Zone to remove the site of any Project that
fails to be materially completed on or before the Agreed Completion Date, the City of Ithaca
desires to concur with such action.
NOW, THEREFORE, in consideration of the foregoing, the mutual agreements herein contained
and other good and valuable consideration to each of the parties hereto,the receipt and
sufficiency whereof is hereby acknowledged, and intending to be bound hereby, it is hereby
mutually covenanted and agreed as follows:
Section 1
(a) In reliance on the descriptions of the Projects contained in the applications submitted
to it, copies of which are attached hereto as Exhibit A, 'SCOPED' shall submit to the
Commissioner of Economic Development a request to revise the boundaries of the
Zone to include the sites of the Projects therein.
(b) In the event that any Project fails to be materially completed on or before the Agreed
Completion Date, 'SCOPED' may, at its discretion exercised in good faith, take such
action as may be necessary to remove the site of any such Project from the Zone.
Section 2
(a) The City of Ithaca shall concur with SCOPED's request to the Commissioner of
Economic Development to revise the boundaries of the Zone to include the sites of
the Projects therein.
(b) In the event that any Project fails to be materially completed on or before the Agreed
Completion Date,the City of Ithaca shall concur with any action taken by SCOPED
pursuant to Section 1(b) of this Agreement to remove the site of any such Project
from the Zone.
Section 3
This Agreement shall be a contract made under the laws of the State of New York and for
all purposes shall be governed by and interpreted in accordance with the laws of the State
of New York(except to the extent the same are superseded by federal law).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be executed as of
the day and year set forth above.
SCHUYLER COUNTY PARTNERSHIP FOR ECONOMIC DEVELOPMENT:
By:
Name:
Title:
CITY OF ITHACA:
By:
Name:
Title:
2
EXHIBIT A
PROJECT APPLICATIONS
Area Acreage
Area 1 Dollar'sWorth Site 0.526
Area 2 Magee Lakefront 1.04
Area 3 Magee Manor 3.4
Area 4 Byrne Dairy Store 0.29
Area 5 Watkins Glen Hotel 0.22
Area 6 Red Newt Winery 0.501
Area 7 Michael Cook Property 0.1
Area8414 & SW 5.4
Area 9 Raymond Street 0.093
Area 10 Padua 1.096
Area 11 Schuyler Hospital 15.
Area 12 Wild Wolfe Hollow .1
Area 13 Wagner Lumber 6.0689
Area 14 Franzese 14.2
Area 15 Shepard Niles Site 24.65
Area 16 National Healthcare 1.228
Area 17 Business Park 32.948
Area 18 Krog Site 2.25
Area 19 Franklin Street 10.05
Area 20 Cargill 13.93
Area 21 Lembeck 2.94
Area 22 Scuteri 0.5
Area 23 Simiele 0.58
Area 24 Auble 4.58
Area 25 Robinson 1.43
Area 26 Parmenter Odessa Site 4.95
Area 27 McLaughlin Site 11.35
Area 28 U.S. Salt 15.4
Area 29 Montour House 0.153
Area 30 Seneca Springs Resort 1.4
Area 31 Logan Ridge Estates 2.68
Area 32 Watkins Glen International 3.57
Area 33 Lakewood Vineyards 2.0
Area 34 Hazlitt Vineyards 4.0
Area 35 Villager Motel & Glen Manor 1.621
Area 36 Glen Harbor Marina 2.19
Area 37 Eagle Envelope Company 0.068
Area 38 Winner's Circle Ice Cream 0.13
Area 39 Arcadian Estate Vineyard 0.208
Area 40 Ervay's Inc. 0.81
3
Area Acreage
Area 41 South Seneca Marina 0.62
Area 42 Skyland Farms 0.045
Area 43 Sunset View Creamery 0.02
Area 44 Run Rite Construction and Pavement Maintenance 0.101
Area 45 Timothy Wells 0.1
Area 46 Montour Pharmacy 0.28
Area 47 The Falls Home 0.59
Area 48 Colonial Inn & Motel 0.39
Area 49 Kurtz Enterprises 0.2
Area 50 Agriculver Seeds 1.21
Area 51 Biancos Daughter's Restaurant 0.19
Area 52 Chicone Builders 0.434
Area 53 Waterfalls of the Finger Lakes 0.13
Area 54 Doug's Wildflower Café 0.18
Area 55 Pampered and Polished 0.06
Area 56 Parmenter Automotive M.F. 0.22
Area 57 Larry & Charlotte Jaynes Site 1.1
Area 58 Goldon Knight Inn 0.368
Area 59 HL Stephens Furniture 0.33
Area 60 Montour Moose Lodge 0.265
Area 61 Lakegrove Park 1.52
Area 62 Finger Lakes Farmstead Cheese 0.115
Area 63 Seneca Clipper Inn 0.214
Area 64 Magnolia Place B&B 0.093
Area 65 Silver Springs Winery 0.152
Area 66 Madison Avenue property 0.071
Area 67 Vitiv, Inc 0.05
Area 68 Ithaca Harley Davidson 0.38
Area 69 Stone Cat Café 0.12
Area 70 Advantage Medical Billimg 0.02
Area 71 Anchor Inn and Marina 0.49
Area 72 Professor's Place 0.07
Area 73 Jeff's Septic Service 0.65
Area 74 Barry Wixson Contracting 0.218
Area 75 Main Street Montour Falls 2.5
Area 76 Poteat 0.06
Area 77 Seneca Marine Bait & Tackle 0.4
Area 78 Bloomer Creek Vineyard 0.044
Area 79 David Day Site 35.18
Area 80 Area 96 Bill's Machine Shop 5
Area 81 Route 226 Corridor 246
Area 82 Reading Rail Site 247.88
Area 83 RA Ice Cream 0.81
Area 84 Highland Cellars 15.58
4
Area Acreage
Area 85 Tyrone Garage 1.89
Area 86 Tri-Lake Video 1.04
Area 87 Diane Yeoman 1.2
Area 88 Montery Jacks 0.47
Area 89 Post Office Property 0.83
Area 90 Mercury Aircraft Building 1.2
Area 91 Millers Fire Equipment& Collectables 31.6
Area 92 Tyrone Industrial Area 90.
Area 93 Terry's Small Engine 2.8
Area 94 Lakeside Automotive 2.95
Area 95 Ciminelli/Hilton 0.550
Area 96 Cayuga Green II 1.41
Area 97 Cayuga Green III 1.01
Area 98Gateway I 0.22
Area 99 Gateway II 0.17
Area 100 Inlet Island-Ciaschi 0.83
Area 101 State Theatre 0.27
Area 102 Ithaca Gun 0.34
Area 103 Rothschild B 0.25
Area 104 55 Brown Road 0.42
Area 105 95 Brown Road 0.965
Area 106 35 Thornwood Drive 0.81
Area 107 33 Thornwood Drive 0.46
Area 108 37 Thornwood Drive 0.69
Area 109 9 Brown Road 0.57
Area 110 53 Brown Road 0.528
Area 111 10 Brown Road 0.459
Area 112 22 Thornwood Drive Expansion 0.48
Area 113 22 Thornwood Drive 0.41
Area 114 36 Thornwood Drive 0.688
Area 115 15 Thornwood Drive 0.41
Area 116 30 Brown Road 0.528
Area 117 2353 North Triphammer 0.29
Area 118 Woods Edge Drive 0.89
TOTAL 906.7289
5
o `‘1
Resolution No.
01%� SCHUYLER COUNTY LEGISLATURE
Regular Meeting
March 8, 2004
Intro. No. Motion by
Approved by Committee Seconded by
Approved by Co. Atty. Vote: Ayes Noes
Name of Noes
RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. OF THE YEAR 2004 AMENDING LOCAL
LAW NO. 1 OF 2003 TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN
ECONOMIC DEVELOPMENT ZONE)
BE IT RESOLVED, that Local Law Intro. No. 1.Local Law No. of the year 2004, in the form
hereto annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and
BE IT FURTHER RESOLVED,that a public hearing shall be held upon said proposed Local Law on
April 12, 2004 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street,
Watkins Glen,NY.
LOCAL LAW INTRO. NO. 1/LOCAL LAW NO._OF THE YEAR 2004
BE IT ENACTED, by the Schuyler County Legislature, as follows:
Section 1. By Local Law No. 1-2003, this Legislature authorized an application for the designation of
an Empire Zone relative to certain land within Schuyler County Empire Zone.
Section 2. That the County of Schuyler has received Empire Zone approval from New York State.
Section 3. By Local Law No. 12-2000, adopted on November 15, 2000, the Empire Zone was
established.
Section 4. By Local Law No. 1-2001, adopted on January 30, 2001, the Empire Zone was amended.
Section 5. By Local Law No. 1-2003, adopted on February 27, 2003, the Empire Zone was amended.
Section 6. It is the 893.0789 acres located in Schuyler County and 13.65 acres located in Tompkins
County.
Section 7. The County of Schuyler is hereby authorized to submit an application to revise the Empire
Zone to include the property described in Section 8 of this Local Law.
Section 8. The boundary of the Empire Zone, as described in Local Law No. 12-2000, Local Law No.
1-2001, and Local Law No. 1-2003, shall be amended to include the properties generally
described in Appendix A attached.
Section 9. The Commissioner of the New York State Department of Economic Development is
hereby requested to revise the boundaries of the Empire Zone in accordance with this Local
Law.
Section 10. In all other respects, Local Law No. 12-2000, Local Law No. 1-2001, and Local Law
No. 1-2003, shall remain in full force and effect.
Section 11. This Local Law shall take effect immediately subject to filing in the Office of the Secretary
of State.