HomeMy WebLinkAbout12-12-16 Board of Public Works Meeting AgendaDATE: December 12, 2016
BPW
� mTIME: 4:45 pLOCATION: 3rd Floor,
»` Board of Public Works City Hall, Council Chambers
108 E. Green St., Ithaca
AGENDA ITEMS
7. Administration & Communications
A. Approval of Minutes Yes Mayor Myrick 5 min.
1) June 27 2016
2) July 11, 2016
3) November 14, 2016
4) November 28, 2016
8. Buildings, Properties, Refuse & Transit
9. Highways, Streets & Sidewalks
10. Parking & Traffic
11. Creeks, Bridges & Parks
12. Water & Sewer
13. Discussion Items
A. Use of City Property Request from Coltivare No Supt. Thorne 10 min.
A request for a sign permit was submitted to the Building Department recently. The sign will be
on a canopy that sticks out from the building and will cover the sidewalk.
B. Use of City Owned Collegetown and Commons No Supt. Thorne 10 min.
Telecommunication System Spaces — Proposed
Resolution
New vaults were installed in Collegetown so that telecom could be placed underground rather
than having overhead lines. To facilitate the transfer, and reduce wait times, staff request that
they be authorized to administratively permit telecom companies to install their conduit.
14. New Business No
15. Adjournment Yes
If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at
607-274-6570 at least 48 hours before the meetin
The Board of Public Works meets on the second and fourth Mondays at 4:45 p.m. All meetings are voting meetings, opening with a public comment
period. Meeting agendas are created from prior public input, Department operating, planning issues, and requests made to the Superintendent. The
Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or complex issues. This information may
then be used to create committee agendas, with the speaker or author invited to attend.
Time
Topic
Voting?
Presenter(s)
Allowed
1.
Call to Order/Agenda Review
No
Mayor Myrick
5 min.
2.
Mayor's Communications
No
Mayor Myrick
3.
Communications and Hearings from Persons
No
Public
5 min.
Before the Board
4.
Response to the Public
No
Commissioners
5.
Reports
No
Various
5 min.
A. Special Committees of the Board
B. Council Liaison
C. Board Liaisons
D. Superintendent and Staff
6.
New Project Presentation
7. Administration & Communications
A. Approval of Minutes Yes Mayor Myrick 5 min.
1) June 27 2016
2) July 11, 2016
3) November 14, 2016
4) November 28, 2016
8. Buildings, Properties, Refuse & Transit
9. Highways, Streets & Sidewalks
10. Parking & Traffic
11. Creeks, Bridges & Parks
12. Water & Sewer
13. Discussion Items
A. Use of City Property Request from Coltivare No Supt. Thorne 10 min.
A request for a sign permit was submitted to the Building Department recently. The sign will be
on a canopy that sticks out from the building and will cover the sidewalk.
B. Use of City Owned Collegetown and Commons No Supt. Thorne 10 min.
Telecommunication System Spaces — Proposed
Resolution
New vaults were installed in Collegetown so that telecom could be placed underground rather
than having overhead lines. To facilitate the transfer, and reduce wait times, staff request that
they be authorized to administratively permit telecom companies to install their conduit.
14. New Business No
15. Adjournment Yes
If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at
607-274-6570 at least 48 hours before the meetin
The Board of Public Works meets on the second and fourth Mondays at 4:45 p.m. All meetings are voting meetings, opening with a public comment
period. Meeting agendas are created from prior public input, Department operating, planning issues, and requests made to the Superintendent. The
Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or complex issues. This information may
then be used to create committee agendas, with the speaker or author invited to attend.
Coltivare: entrance canopy/sign https://mail.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=RgA
Coltivare: entrance canopy/sign
Skip Schell
Sent: Friday, December 02, 2016 2:49 PM
To: Michael Thorne
Cc: Kathy Servoss; Skip Schell
Categories: BPW
Attachments:20161202141640637.pdf (2 MB) ; 20161202141746565.pdf (2 MB)
TRANSMITTAL M EM O R A N D U M
TO: Michael Thorne, Superintendent of Public Works
FROM: Skip Schell, Senior Plan Examiner
RE: Sign Permit #35182
Address: 235 S. Cayuga St.: Coltivare
DATE: 12/02/2016
The Building Department has received a sign permit application (#35182) for an
entrance canopy/ sign to be installed at 235 S. Cayuga St.: Coltivare.
Per Section #170-5, Use of City Real Property, of the City of Ithaca Municipal Code, it
has been determined that this project requires approval from the Board of Public
Works. Therefore, I am transmitting herewith a copy of the sign permit application
and renderings of the proposed entrance canopy/ sign for the purpose of this review.
This business already has a BZA variance (#2950 attached) allowing the existing
signs that are currently on the building. This proposal is also subject to Site Plan
Review, the Design Review Board and the Board of Zoning Appeals.
The property is located in the CBD -100, CBD -120 zone.
Please contact applicant Mike Wells of Welco Custom Trim at (607) 277-4727 or
mike@welcoawnings.com with any further questions regarding this project.
Thank you for your attention to this matter,
Skip
The Building Department has received a sign permit application (#35182) for an
entrance canopy/ sign to be installed at 235 S. Cayuga St.: Coltivare.
Per Section #276-6, Site Plan Review (SPR) procedures, of the City of Ithaca
Municipal Code, it has been determined that this project requires site development
of 2 12/8/2016 10:27 AM
Coltivare: entrance canopy/sign
https://mail.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=RgA...
plan review. Therefore, I am transmitting herewith a copy of the sign permit
application and renderings of the proposed entrance canopy/sign for the purpose of
this review.
This business already has a BZA variance (#2950 attached) allowing the existing
signs that are currently on the building. This proposal is also subject for review by
the Design Review Board, Board of Zoning Appeals and Board of Public Works.
The property is located in the CBD -100, CBD -120 zone.
Please contact applicant Mike Wells of Welco Custom Trim at (607) 277-4727 or
mike@welcoawnings.com with any further questions regarding this project.
Thank you for your attention to this matter,
Skip
William "Skip" Schell
Senior Plan Examiner
Building Division
4th Floor, City Hall
108 E. Green St.
Ithaca, NY 14850
(607) 274-6511
of 2 12/8/2016 10:27 AM
CITY OF 11HACA
108 East Green Street Ithaca, New York 14850-5690
BUILDING DMSION
Tblephone:607/274-6508PAM67B1416 14
Ramsgard Architectural
61 East Genesee Street
Skaneateles, NY 13152
Board Members present: Moriah Teboe, Gabriel Holbrow,Teresa Deeshane, Steven Beer, Marshall
McCormick, and Phyllis Radke Director of Zoning Administration.
RE: Board of Zoning Meeting of August 5, 2014
Appeal #2950 —102 East Clinton Stieet
Dear Mr. Kozub:
The Board of Zoning Appeals considered your appeal for three sign variances for the two proposed
wall signs. The fust wall sign needs a variance from the City's Sign Ordinance, Section 272-6B
(2), which states in part that wall signs in commercial districts shall not exceed 50 S.F. and
Section 272-4A(1) which states wall signs and the supporting structure cannot project more than
18" from the attachment point of the wall. The second wall sign requires a variance from Section
272-4 A (1) which states wall signs and supporting structure catuiot project more than 18" from
the attachment point of the wall.
TC3 is in the process of constructing a new culinary institute•and restaurant, called Coltivare,
which will be located on the main floor of 102 East Clinton. You are requesting to install a sign
for the new restaurant that is larger than the maximum 50 S.F. allotted for each wall sign
permitted in a commercial district. 102 East Clinton Street is located in the CBD -100 and CBD -
120 zoning district. The massive building at this location also contains 7- stories of public
parking. The culinary institute and restaurant will have 135'-8" of building frontage on South
Cayuga Street and 122'-8" of building frontage on East Clinton Street. While the Sign
Ordinance allows commercial signs to be 1.5 times the length of the building's frontage, it also
restricts each wall sign to a maximum of 50 SF. For the sake of visibility and for the sign to be
more proportionate with the size of the building, you are seeking a variance for a sign that will
be 146.4 SF in size. This sign also projects a total of 24" from the point of attachment. This is 6"
more than allowed by Section 272-4A(1).
You would also like to erect another type of wall sign known as a projecting sign, which will be
26.90 SF in size. Section 272-4 A (1) allows signs to project a maximum of 18". The second
proposed wall sign and its supporting structure will project approximately 6'-10 %z" from the
building wall.
"An Equal Opportunity Employer with a commitment to workfa-ce diversification." n
�F
Ramsgard Architectural
61 East Genesee Street
Skaneateles, NY 13152
August 11, 2014
Page 2
Representatives from Ramsgard and a representative from TO spoke in regards to the variance.
They showed a 3-1) model of the building with the signs. Board members questioned the size and
height and were told because the building is so large the size of the signs is needed and that the
sign needs to be above the tree line.
A Public Hearing was held with no persons in favor or opposed. A letter from JoAnn Cornish,
Director of Plamiing, Building and Economic Development was read in favor of the sign
variance.
This is a Type 2 action under City Environmental Quality Review Part, 176-5 (12) and, as such,
does not have a significant impact on the environment and is otherwise precluded from
environmental review Linder Environmental Conservation Law, Article 8. In declaring this a
Type 2 action, the BZA has no further responsibilities Linder the City's Environmental Quality
Review Ordinance.
Ms. Tebor agreed with Ms. Cornish that the variance is substantial biit stated that good signage is
essential. The Board felt that there was enough information to move the variance.
Motion was made by Mr. Holbrow to grant the variance with the following findings of fact:
1. City of Ithaca Planning Board approves of the variance.
2. No detriment or undesirable change to nearby property will be caused by granting the
sign variance.
3. The scale of the sign is justified.
4. It is believed that the sign will promote a more attractive economic and business
climate.
5. It will improve communications within the community.
The motion to grant the sign variances was second by Ms. Tebor with all in favor and none
opposed.
Mr. Beer — yes
Ms. Tebor- yes
Mr. Holbrow — yes
Ms. Deschanes — yes
Mr. McCormick — yes
dstration
CITY OF ITHACA - SIGN PERMIT APPLICATION
108 East Green Street, Ithaca, New York 14850 Telephone: 607-274-6508 Fax: 607-274-6521
BuddiagPermit AppflestinIg" JMubniLtodMoA=-Fslit.SAM719AMor?Zg t
proln inent. This side to be completed by MW-Fnt.
-
PROJECT INFORMAT-IrOW-
Project Street Address. 235 Cayuga Street S Cayuga Street Garage Tax Parcel: 81.-2-1
Name of Business: Coltvare
Zonm-g District: CED-100;CBD
-120
Contact Person- W&
Tele: 607-277-
APPLICANT/OWNER INFOPMUTIONt
Applicant-, Mike Wells
Address., 207 Elmira Rd
Ithaca, NY 14850
Owner: M, aca. Urban Renewal Agency
Address: 108 Eav Green Street
Ithaca, NY 14850
Email: mike@wL-Icoawnmp.com Email- iura@cityofithaca.org
CONT", ';1'Z1'CAJ1ff'1WWT%V0Cust0rn Trim
rim
SIGN JNFOIW?� T r;,q3N,-
K6*wv*f 6640-9 crontageon feet 3561 if business frestf, ori lw'o streets (ad&l frontage,"- 122.61
TVP'%-gtW
n Width Material Oluf"Ination
......... .... V N
Zimlrlad
Max Height Front!9etEa-e-k-, Projection Attachment
Fr4onstanding Signs;
.. . . ................. ...... 6" ..... .. Wall Signs Onty . ...........................
................................ ................... I ....... ................ . NqjJ!!,uftn'#1W ......
'i'ieiback Side 'S' ... a -t -h --- a --- cik ------ Projection Attachment
Max Height Fran
Signs:
6 Other
Ntax Height Front Setback.......... iiaWi46
ding Signst ........... ................ ..... ..... ...........
--
U- signs (freestanding or ail business ftvade) already on building.
Wall Signs Only:
W,419 sl! pis
Projertien Attachment
Applicant's declaration, I am the owner or, owners' agent of the premises listed in Pais application. Meteby apply fer approval to perfbrm
the wotk-doscribed in this &ppheation, attathad plans, spgofflcali(ris and ether dotuments. I witl comply wit:-, all pmvislons of the applicable
ordinances, codes, and t -.Fal. -dons ir, p%jTb=&g this work vubedier sp*Dffied hea4l or aaj; Any ar6endimonts to the Sco-p a of work, plans,
SPOWROAtIons or other documents will be submitted to the Bufld4 Division for approval prior to,parforming the actual work. Ful thermore, I
give permission to entat and inspect all work for compliance by the appropriate inspectors
Ely typing my name below. 7 cerfify I have read a rid understand dw ;4 tvve paragraph.
CITY OF ITHACA - SIGN PERMIT
This form is deeined an application until approved and upon approval is a valid building permit
Applicant Signature: WiC f7.'P[UXffS — Date: J!912016
(For Department use only)
Project Address: 235 Cayuga Street S Permit #: 35182
Received: 11/29/2016 Issued: Denied: Ent. By: WS
Expires: ( months after issue date. Completed: By: WS
Insp: WS HUD Code: 800 Project: awning
SEES:
1-50 S.F.
$50
201-250 S.F
$250
401-450 S.F.
$450
51-100 S.F
$100
251-300 S.F.
$300
451-500 S.F.
$500
101-1508.F
$150
301-350 S.F.
$350
Each Add. S.F.
151-200 S.F
$200
351-400 S.F.
$400
by Variance
$10
APPROVAIaS: VARIAN CES /
Signage fees: $150
Encroachment fee, $100
Total fee: $250
Receipt #:5311
This is to certify that I have examined the above detailed statement and plans related thereto and find same to be in accordance
with the provisions of the ordinances relating to buildings and signage in the City of Ithaca and that same has been approved and
entered in the records, this
For the Building Division
SIGN PERMT CONDITIONS - -
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13B. Use of City Owned Collegetown and Commons Telecommunication System Spaces
— Proposed Resolution
WHEREAS, the City recently constructed underground conduits and vaults in Collegetown and
the Commons ("Telecom System Spaces") to facilitate installation of telecommunications
equipment by multiple providers; and
WHEREAS, certain telecom companies have submitted requests to occupy conduit space in the
new Telecom System Spaces, and the City expects to continue to receive requests to occupy
both Telecom System Spaces; and
WHEREAS, Chapter 170 establishes the Board of Public Works' authority to issue licenses and
set fees for uses of City -owned structures; and
WHEREAS, City staff is supportive of this use of the Telecom System Spaces; and
WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public
works uses or needs; and
WHEREAS, in the fall of 2015, the Board of Public Works authorized a fee structure for use of
the Commons Telecom System Space, and adopts the same fee structure for the Collegetown
Telecom System Space; and
RESOLVED, The Board of Public Works hereby sets forth the following annual license fee
structure for use of the Telecom System Spaces:
$1.48 per linear foot of dedicated 4 inch conduit;
Each dedicated conduit line licensed shall include a license to use up to 2.25 square feet
of wall space in a corresponding vault;
$0.48 per linear foot of shared 4 inch conduit; and
RESOLVED, The annual use fee set forth above shall be considered the base license fee for
use of the City's Telecom System Spaces, and that at the City's discretion, the same may be
adjusted for each year by an amount up to the amount of the increase in the consumer price
index; and
RESOLVED, That the license agreement allowing said use of City -owned structure shall contain
the usual terms and conditions of the City's license agreement, including those specified in
Chapter 170 of the City's Municipal Code; and
RESOLVED, The Board of Public Works hereby authorizes the Superintendent to permit by
license interested telecom providers to install telecommunications conduit and equipment within
the Telecom System Spaces subject to the following requirements:
Page 2 of 3
1) Proof of bonding or other sufficient security in an amount that the Superintendent
deems appropriate to compensate the City for damage to its property during the
course of installation and in the event the City must effect removal of the equipment;
2) Submission of an application and fee for Use of City Property;
3) Submission and approval of final installation plan for Superintendent of Public Works'
review prior to installation; and
4) Installation and continued operation of telecom service from within the City's Telecom
System Space(s) contingent on the company's execution of the City's license
agreement and payment of the applicable application and annual fee.
Page 3 of 3
LICENSE AGREEMENT
THIS AGREEMENT, entered into on this day of
between CITY OF ITHACA., (hereinafter "the CITY"), having its principal office at 108 East
Green Street, Ithaca, New York and Ithaca Renting, LLC., a corporation (partnership, or other
legal entity) organized and existing under the laws of the State of New York, having its principal
office at 119 Dryden Rd. Ithaca, NY 14850 (hereinafter "LICENSEE').
WITNESSETH:
WHEREAS, LICENSEE desires to place and maintain underground cables and equipment in the
Conduits and Vaults of the CITY; and
WHEREAS, the CITY is willing to permit the placement of said cables and equipment on or
within the CITY's structures on the terms and conditions set forth herein;
WHEREAS, the CITY's Board of Public Works has authorized the Mayor to execute an
agreement containing a revocable license that allows the above-described use of CITY property,
subject to certain conditions;
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
contained, the parties do hereby mutually covenant and agree as follows:
ARTICLE I - DEFINITIONS
As used in this Agreement, the following terms shall have the meanings stated below
1.1 Conduit - A tube structure, four inches in diameter, containing one or more ducts or inner -
ducts used to house cables, that is owned by the CITY and with respect to which the CITY has
the right to authorize the occupancy of LICENSEE's Facilities.
a. Dedicated Conduit, as that term is used in this agreement, shall mean any conduit running
between two Vaults and is solely occupied by one licensing entity.
b. Shared Conduit or Service Conduit as these terms may be used in this agreement, shall
mean any conduit running between a Vault to a building and may be shared by three or
more licensing entities.
1.2 LICENSEE's Facilities - All facilities, including but not limited to cables, equipment and
associated hardware, owned and utilized by LICENSEE, which occupy a Conduit and/or Vault.
1.3 Vault - A subsurface enclosure used for the purpose of installing, operating and
maintaining facilities, that is owned by the CITY and with respect to which the CITY has the
right to authorize the occupancy of LICENSEE's Facilities.
1.4 City Structures — Referring to Conduit and/or Vault, that is owned by the CITY and with
respect to which the CITY has the right to authorize the occupancy of LICENSEE's Facilities.
ARTICLE II - SCOPE
2.1 Subject to the provisions of this Agreement, for licenses granted by the CITY in
accordance with Article VI Issuance of Licenses, below, the CITY hereby grants to
LICENSEE a nonexclusive license authorizing the placement of LICENSEE's Facilities in
the City Structures as follows":
LICENSEE may occupy_4 dedicated conduit measuring a total length of
650 linear feet and 5 shared conduit 290 linear feet;
LICENSEE may occupy one 2.25 square feet of wall space per dedicated
conduit licensed; and
The City Structures that are licensed under this agreement are described in
Schedule A, which is attached and incorporated into this agreement.
2.2 No use, however extended, of the City Structures, or payment of any fees or charges
required under this Agreement, shall create or vest in LICENSEE any easements or any
other ownership or property rights of any nature in such City Structures. LICENSEE's
rights herein shall be and remain a mere license. Neither this Agreement nor any license
granted hereunder shall constitute an assignment of any of the CITY's rights to use the
property at locations of the City Structures.
ARTICLE III - FEES AND CHARGES
3.1 This Agreement shall not take effect until fully executed and until the application and use
fees set forth below have been received by the City.
Application Fee: An Application Fee in the amount of $100.00 (in the form of a check
payable to the City of Ithaca) must accompany submission of the application for this license to
the City Chamberlain's office. The purpose of this fee is to cover the amount of City staff time
typically associated with the processing of such applications.
Annual Use Fee: The Use Fee for the initial year of this license (April 1, 2016, until
March 31, 2017) is $1.101.20; accounting for actual use between November 1, 2016 — March 31.
2017, the Parties agree that the pro -rated amount due for the first year shall be $458.83. A check
in this amount, payable to the City of Ithaca, must be submitted to the City Chamberlain's office.
This Use Fee is comprised of $1.48 per linear foot of Dedicated Conduit and $0.48 per linear foot
of Shared Conduit.
The Use Fee for subsequent years may be adjusted by CITY by an amount up to the rate
of any increase in the consumer price index since the previous year.
Notwithstanding any other provisions herein, the CITY hereby reserves the right to correct
the amount of the Use Fee at any time, if the linear footage of space occupied by LICENSEE is
found to be different from the amount stated above. In that event, the CITY shall send a Notice
of Correction to LICENSEE, and any additional fee owed (or refund due) as a result of the
correction shall be effective and pro -rated as of the date of such Notice. Likewise, in the event
that the premises are reclassified by Tompkins County as taxable, a proportionate amount of
assessed taxes shall be incorporated into a corrected Use Fee, as of the date such taxes become
due.
ARTICLE IV - SPECIFICATIONS
4.1 LICENSEE's Facilities shall be placed and maintained in accordance with the
requirements and specifications of applicable law, and the requirements and specifications
of the following publications, as amended from time-to-time: the Manual of Construction
Procedures (Blue Book), the National Electrical Code (NEC), and the National Electrical
Safety Code (NESC), the rules and regulations of the Occupational Safety and Health Act
(OSHA), and the regulations or directives of a governing authority having jurisdiction
over the subject matter. Where a difference in requirements or specifications may exist,
the more stringent shall apply.
4.2 LICENSEE shall correct all safety violations immediately upon notice from the CITY.
LICENSEE shall correct all other non -standard conditions within thirty (30) days from
receipt of written notice from the CITY. If LICENSEE does not correct any violation or
non -standard condition within the aforementioned time limits, the CITY may at its option
correct said violations or conditions at LICENSEE's sole expense and risk.
4.3 Notwithstanding Paragraph 4.2 of this Article, when conditions created by LICENSEE's
Facilities pose an immediate threat to the safety of the public or the employees of the
CITY or other occupants, interfere with the performance of the CITY's service obligations
or the service obligations of other occupants, or pose an immediate threat to the physical
integrity of the CITY's facilities or structures or the facilities or structures of other
occupants, the CITY may perform such work and/or take such action as it deems
necessary using reasonable care without first giving written notice to LICENSEE. As
soon as practical thereafter, the CITY will advise LICENSEE in writing of the work
performed or the action taken. LICENSEE shall pay the CITY for all reasonable costs
incurred by the CITY in performing such work.
4.4 The failure of the CITY to notify LICENSEE of violations or non -standard conditions or
to correct violations or non -standard conditions pursuant to Paragraph 4.2 or Paragraph
4.3 of this Article shall not relieve LICENSEE of its responsibility to place and maintain
its Facilities in a safe manner and condition in accordance with the terms of this
Agreement, and shall not relieve LICENSEE of any liability imposed by this Agreement.
ARTICLE V - LEGAL REQUIREMENTS
5.1 Before LICENSEE's Facilities occupy the Licensed City Structures, LICENSEE shall be
responsible for obtaining from appropriate public and private property owners and
authorities any authorization required to construct, operate and maintain LICENSEE's
Facilities. Evidence of LICENSEE's having obtained lawful authority to so construct,
operate and maintain LICENSEE's Facilities shall be submitted to the CITY forthwith
upon demand by the CITY.
5.2 No license granted under this Agreement shall extend to any City Structures where the
placement of LICENSEE's Facilities would result in a forfeiture of rights of the CITY or
the CITY's existing occupants to occupy the property on which such City Structures are
located. If the existence of LICENSEE's Facilities in a City Structure would cause a
forfeiture of the right of the CITY or the CITY's existing occupants to occupy the
property on which the City Structure is located, LICENSEE agrees to remove
LICENSEE's Facilities forthwith upon receipt of written notification from the CITY. If
LICENSEE's Facilities are not so removed, the CITY may perform or have performed
such removal after the expiration of 60 days from the receipt of said written notification.
All removals of LICENSEE's Facilities shall be at LICENSEE's expense.
5.3 The LICENSEE will not discriminate against any employee, applicant for employment,
subcontractor, supplier of materials or services or program participant because of actual or
perceived age; creed; color; disability; ethnicity; familial status; gender; height;
immigration or citizenship status; marital status; national origin; race; religion; sex; sexual
orientation; socioeconomic status; or weight.
ARTICLE VI - ISSUANCE OF LICENSES
6.1 If within twelve (12) months from the date a license is granted by the CITY, LICENSEE
shall not at a minimum have initiated material construction or similar activity related to its
occupation, LICENSEE's license for the applicable City Structures shall automatically
terminate and LICENSEE shall remove any Facilities installed as of such date in
accordance with the provisions of Section 7.8. LICENSEE shall be liable for use or
occupancy charges commencing the date of the license grant.
ARTICLE VII - CONSTRUCTION, MAINTENANCE AND REMOVAL OF LICENSEE'S
FACILITIES
7.1 LICENSEE shall, at its own expense, install and maintain its Facilities in the City
Structures covered by this Agreement, in a safe condition and in a manner acceptable to
the CITY, so as not to physically conflict or electrically interfere with the facilities of the
CITY or other authorized occupants.
7.2 LICENSEE must obtain prior written authorization from the CITY approving of the work
and the party performing such work before LICENSEE may install, remove, or provide
maintenance of its Facilities in any of the Licensed City Structures.
7.3 In each instance where LICENSEE's Facilities are to be placed in the City Structures,
LICENSEE and the CITY shall discuss the placement of LICENSEE's Facilities. The
CITY shall designate the particular duct(s) to be occupied, the location and manner in
which LICENSEE's Facilities will enter and exit the CITY's Conduit system, and the
specific location and manner of installation for any associated equipment which is
permitted by the CITY to occupy the Conduit system.
7.4 If LICENSEE requests any modification, alteration or rearrangement of City Structures,
LICENSEE shall reimburse the CITY for the cost of such modification, alteration or
rearrangement.
7.5 Whenever the CITY intends to modify or alter any City Structures which contain
LICENSEE's Facilities, the CITY shall provide written notification to LICENSEE at least
sixty (60) days prior to taking such action so that LICENSEE may have a reasonable
opportunity to add to or modify LICENSEE's Facilities. If LICENSEE adds to or
modifies LICENSEE's Facilities according to this paragraph, LICENSEE shall bear a
proportionate share of the costs incurred by the CITY in making modifications or
alterations to the City Structures.
7.6 LICENSEE shall be notified in writing at least sixty (60) days prior to any modification
that will result in the rearrangement or replacement of LICENSEE's Facilities.
LICENSEE agrees to make such rearrangements or replacements of LICENSEE's
Facilities as are reasonably requested by the CITY or other attachers or occupants to
accommodate the attachment or placement of the facilities of the CITY or other attachers
or occupants. The CITY shall not be obligated to reimburse LICENSEE for any costs
incurred by LICENSEE for a rearrangement or replacement of LICENSEE's Facilities to
the extent such rearrangement or replacement was sought by persons other than the CITY.
7.7 The CITY's Vaults shall be opened only as permitted by the CITY's authorized employees
or agents.
7.8 LICENSEE, at its expense, will remove its Facilities from the City Structures within 60
days after:
a) Termination of the license covering occupancy of the City Structures, in
accordance with the terms of this Agreement; or
b) The date LICENSEE replaces its existing Facilities in one Duct with the
placement of substitute Facilities in another Duct.
7.9 LICENSEE shall remain liable for and pay to the CITY all fees and charges pursuant to
provisions of this Agreement for any occupancy of a City Structure that continues after
the termination of the license for such attachment or occupancy.
7.10 If LICENSEE fails to remove its Facilities within the specified period, the CITY shall
have the right to remove such facilities at LICENSEE's expense without any liability on
the part of the CITY for damage to such facilities and the CITY may charge LICENSEE
and its benefited property for such cost (plus a 25% administrative charge).
7.11 When LICENSEE's Facilities are removed from a City Structure, no occupancy of such
City Structure shall be made until:
a) LICENSEE has first complied with all of the provisions of this Agreement
as though no occupancy had previously been made of the City Structure, and
b) All outstanding charges or other obligations of the parties under this
agreement due the CITY for such previous occupancy have been paid in full.
7.12 LICENSEE shall advise the CITY in writing as to the date on which the removal of its
Facilities from each City Structure has been completed.
ARTICLE VIII - TERMINATION OF LICENSES
8.1 Any license issued under this Agreement shall automatically terminate when LICENSEE
ceases to have authority to construct and operate its Facilities on public or private property
at the location of the particular City Structure covered by the license.
8.2 In addition to any other right to terminate LICENSEE's license to occupy a City Structure
that the CITY may have under this Agreement, the CITY may, upon sixty (60) days
advance written notice, terminate LICENSEE's license to occupy the City Structure.
ARTICLE IX - INSPECTION OF LICENSEE'S FACILITIES
9.1 The parties understand that in the CITY's sole discretion, post -installation inspections may be
performed by the CITY at the sole expense of LICENSEE to ensure that LICENSEE's
attachments, installations or other work has been performed in accordance with all applicable
requirements.
9.2 The CITY will notify, in writing, of all discrepancies and deviations from standard
construction and/or installation that must be corrected within ten (10) business days from such
notice. LICENSEE will be notified immediately by the CITY if the condition is a safety
hazard and must be corrected within 24 hours.
9.3 If LICENSEE fails to correct non-standard conditions and/or safety hazards within the
established time frame (as indicated in 9.2), the CITY shall have the right to have
discrepancies corrected or have such facilities removed at LICENSEE's expense and without
any liability on the part of the CITY for damage to such facilities unless caused by the
negligent or intentional acts of the CITY.
9.4 Thereafter, the CITY reserves the right to make reasonable periodic inspections at its own
expense of any part of LICENSEE's Facilities occupying the City Structures, provided
that LICENSEE shall bear such expenses in the event more frequent inspections are
required due to material non -conformances by LICENSEE that are found by the CITY.
9.5 The CITY will give LICENSEE advance written notice of such inspections, except in
those instances where the CITY determines that safety considerations justify the need for
such an inspection without the delay of waiting until a written notice has been forwarded
to LICENSEE.
9.6 The making of inspections or the failure to do so shall not operate to impose upon the
CITY any liability of any kind whatsoever nor relieve LICENSEE of any responsibility,
obligations or liability assumed under this Agreement.
ARTICLE X - UNAUTHORIZED ATTACHMENT, UTILIZATION, OR OCCUPANCY
10.1 If any of LICENSEE's Facilities shall be found attached to poles, or occupying the City's
Conduit, Vaults or right of way or other unauthorized use of City property, for which no
license has been granted, the CITY without prejudice to its other rights or remedies under
this Agreement or at law or in equity may require LICENSEE to submit a license
application within fifteen (15) days after receipt of written notification from the CITY of
the unauthorized Attachment or occupancy. If such application is not received by the
CITY within the specified time period, LICENSEE may be required to remove its
unauthorized attachment or occupancy, or the CITY may, at the CITY's option, remove
LICENSEE's Facilities at LICENSEE's sole expense and risk In addition, LICENSEE
shall pay any unauthorized attachment or occupancy charges.
10.2 No act or failure to act by the CITY with regard to said unlicensed use shall be deemed as
a ratification of the unlicensed use; and if any license should be subsequently issued, said
license shall not operate retroactively or constitute a waiver by the CITY of any of its
rights or privileges under this Agreement or otherwise; provided, however, that
LICENSEE shall be subject to all liabilities, obligations and responsibilities of this
Agreement in regard to said unauthorized use from its inception.
ARTICLE XI— LIABILITY, DAMAGES, INSURANCE, AND SURETY REQUIREMENTS
11.1 LICENSEE shall exercise reasonable care to avoid damaging the Facilities of the CITY
and of others occupying City Structures, and shall make an immediate report of damage to
the owner of facilities so damaged. LICENSEE assumes all responsibility for any and all
direct loss from damage caused by LICENSEE's employees, agents or contractors.
11.2 LICENSEE shall indemnify, protect and save harmless the CITY from and against any
and all claims, demands, causes of actions and costs, including attorneys' fees, for
damages to property and injury or death to LICENSEE's employees or other persons,
including but not limited to, payments under any Workers Compensation law or under any
plan for employee's disability and death benefits, which may arise out of or be caused by
the erection, maintenance, presence, use or removal of LICENSEE's Facilities or by their
proximity to the Facilities of all parties placed in the City Structure, or by any act or
omission of the LICENSEE's employees, agents or contractors on or in the vicinity of the
City Structures.
11.3 The LICENSEE shall indemnify, protect and save harmless the CITY from any and all
claims, demands, causes of action and costs, including attorneys' fees, which arise directly
or indirectly from the construction, attachment or operation of LICENSEE's Facilities on
the City Structures including specifically, but not limited to Conduits, Vaults, or rights of
way, including but not limited to damages, costs and expense of relocating poles or
Conduits due to the loss of right-of-way or property owner consents, taxes, special charges
by others, claims and demands for damages or loss from infringement of copyright, for
libel and slander, for unauthorized use of television or radio broadcast programs and other
program material, and from and against all claims, demands and costs, including
attorneys' fees, for infringement of patents with respect to the manufacture, use and
operation of LICENSEE's Facilities in combination with poles, Conduits, Vaults, rights of
way or otherwise. The foregoing indemnity shall not apply in the case of claims, which
solely arise from the negligence, misconduct or other fault of the CITY. It shall apply,
however, if a claim is the result of the joint negligence, joint misconduct, or joint fault of
LICENSEE and the CITY, but in such case the amount of the claim for which the CITY is
entitled to indemnification shall be limited to that portion of such claim attributable to the
negligence, misconduct or other fault of LICENSEE.
11.4 Unless expressly provided for otherwise herein, neither Party shall be liable to the other
for any special, consequential or other indirect damages arising under this Agreement.
11.5 The provisions of this Article shall survive the expiration or earlier termination of this
Agreement or any license issued there under.
11.6 LICENSEE shall secure and maintain (and ensure its subcontractors, if any, secure and
maintain) all insurance as specified in the document entitled "Insurance Requirements", labeled
Schedule B and attached and included as part of this Agreement.
11.7 LICENSEE shall furnish a surety bond or irrevocable letter of credit to the satisfaction of
the CITY for no less than $10,000. If the security is in the form of a bond, irrevocable letter of
credit, or other security as deemed acceptable by the CITY, such instrument shall be issued by a
nationally recognized and rated surety company or bank and shall guarantee the full amount for
the terms of the agreement. However, the amount of the bond or the financial security shall not
operate as a limitation upon the obligations of the LICENSEE.
ARTICLE XII - AUTHORIZATION NOT EXCLUSIVE
12.1 Nothing contained in this Agreement shall be construed as a grant of any exclusive
authorization, right or privilege to LICENSEE. Subject to the rights granted LICENSEE
under the provisions of this Agreement, the CITY shall have the right to grant, renew and
extend rights and privileges in a nondiscriminatory manner to others not parties to this
Agreement, by contract or otherwise, to use any City Structure covered by this
Agreement.
ARTICLE XIII - ASSIGNMENT OF RIGHTS
13.1 LICENSEE shall not assign or transfer any license or any authorization granted under this
Agreement, and such licenses and authorizations shall not inure to the benefit of
LICENSEE's successors or assigns, without the prior written consent of the CITY. In the
event such consent or consents are granted by the CITY, then the provisions of this
Agreement shall apply to and bind the successors and assigns of LICENSEE.
ARTICLE XIV - FAILURE TO ENFORCE
14.1 Failure of either party to enforce or insist upon compliance with any of the terms or
conditions of this Agreement or to give notice or declare this Agreement or any authorization
granted hereunder terminated shall not constitute a general waiver or relinquishment of any term
or condition of this Agreement, but the same shall be and remain at all times in full force and
effect.
ARTICLE XV - TERMINATION OF AGREEMENT
15.1 Should LICENSEE cease to use its Facilities in or through the area covered by this
Agreement on other than a demonstrably temporary basis not to exceed 6 months, then all
of LICENSEE's rights, privileges and authorizations under this Agreement, including all
licenses issued hereunder, shall automatically terminate as of the date following the final
day that such Facilities are used.
15.2 Subject to Section 15.3, below, the CITY shall have the right to terminate this entire
Agreement or any license issued hereunder whenever LICENSEE is in default of any term
of this Agreement, including, but not limited to, the following conditions:
a) If LICENSEE's Facilities are used or maintained in violation of any law or
in aid of any unlawful act or undertaking; or
b) If LICENSEE attaches to or occupies any City owned structures or
premises without having first been issued a license therefor, or
C) If any authorization which may be required of LICENSEE by any
governmental or private authority for the construction, operation, and maintenance
of LICENSEE's Facilities is denied or revoked; or
d) If the insurance carver shall at any time notify the CITY or LICENSEE
that LICENSEE's policy or policies of insurance required under this Agreement
will be canceled or changed, or if the CITY reasonably determines that the
requirements of this Agreement with regard to LICENSEE's policy or policies of
insurance will no longer be satisfied, this Agreement shall terminate upon the
effective date of such cancellation or change.
15.3 The CITY will promptly notify LICENSEE in writing of any condition(s) applicable to
Section 15.2, above. LICENSEE shall take immediate corrective action to eliminate any
such conditions(s) and shall confirm in writing to the CITY within 30 days following
receipt of such written notice that the cited condition(s) has ceased or been corrected. If
LICENSEE fails to discontinue or correct such condition(s) or fails to give the required
confirmation, the CITY may immediately terminate this Agreement.
15.4 Notwithstanding the foregoing, this Agreement may be terminated upon at least three
months' written notice to LICENSEE that the CITY's Superintendent of Public Works has
determined that the licensed premises is required for a public purpose. LICENSEE may
appeal a non -emergency revocation or modification to the CITY's Board of Public Works,
but must do so in writing within 15 days of the receipt of the revocation notice. In the
event of such early termination (or modification that affects the amount of land that is
licensed), LICENSEE shall be entitled to a pro -rated refund of the use fee, for the unused
portion of the term (or in proportion to the reduced area), provided that LICENSEE is in
compliance with the provisions of this Agreement.
15.5 In addition to any other obligation that LICENSEE may have under this Agreement to
remove its Facilities from the CITY's Structures or premises, in the event of termination
of this Agreement or any of LICENSEE's rights, privileges or authorizations hereunder,
LICENSEE shall remove its Facilities from the CITY's Structures or premises as soon as
practicable, but in no event shall removal exceed 3 months from the date of termination;
provided, however, that LICENSEE's obligations under this Agreement with regard to
such facilities shall continue following termination of this Agreement, including, but not
limited to, LICENSEE's obligation to pay all fees and charges accruing pursuant to terms
of this Agreement for LICENSEE Facilities occupying City Structures.
15.6 If LICENSEE does not remove its Facilities from the CITY's Structures within the
applicable time periods specified in this Agreement, the CITY shall have the right to
remove them at the expense of LICENSEE and without any liability on the part of the
CITY to LICENSEE therefor.
ARTICLE XVI - TERM OF AGREEMENT
16.1 The term of the Agreement contained herein shall be for the period commencing April 1.
2016 (or on the date by which all application and use fees and any required forms
described herein are received by CITY, whichever date is later) and expiring on March 31.
2026, unless terminated earlier by either party in accordance with the provisions of this
Agreement.
16.2 Termination of this Agreement or any licenses issued hereunder shall not affect
LICENSEE's liabilities and obligations incurred hereunder prior to the effective date of
such termination.
16.3 This Agreement shall be deemed to have been executed in the State of New York and the
parties hereto agree that the terms and performance hereof shall be governed by and
construed in accordance with the laws of the State of New York, with venue in Tompkins
County.
ARTICLE XVII - NOTICES
All written notices required under this Agreement shall be given by posting the same in first class
mail to LICENSEE as follows:
Name
and to The CITY as follows:
Office of the Mayor
CITY of Ithaca
108 E. Green Street
Ithaca, New York 14850
or to such address as the parties hereto may from time to time specify in writing.
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the
day and year first above written.
(Licensee)
By:
(signature)
(print name and title)
CITY OF ITHACA
By:
Svante L. Myrick, Mayor
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss:
On this day of . 2016, 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 shelhe executed the same in her/his capacity, and that by her/his signature on
the instrument, the individual, or person on behalf of which the individual acted, executed the instrument.
Notary Public
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss:
On this day of , 2016, before me, the undersigned, a Notary Public in and for
said State, personally appeared SVANTE L. MYRICK, personally known to me, or proved to me on the
basis of satisfactory evidence, to be the individual who, being by me duly sworn, did depose and say that he
resides at Ithaca, New York, and that he is the Mayor of the City of Ithaca, the municipal corporation
described in and which executed the above instrument; and that he signed his name thereto upon
authorization of the Board of Public Works of such corporation.
Notary Public
Approved as to form and content:
City Attorney Date
SCHEDULEK
` Commuted[KF1]: Insert resolution and supporting documents
h
SCHEDULE B - Insurance and bonding requirements
• BONDING REQUIREMENTS:
Conduit Footage Securi
-2500 $10.000
2501-25.000 580.000
75.001-150.000 $405,000
150.000+ $500.000
• INSURANCE REQUIREMENTS:
LICENSEE, at its own expense, shall procure and maintain the following insurance coverage's with limits
of liability not less than the limits specified:
Commercial General Liability
$1,000,000 Bodily Injury and Property Damage Limit Each Occurrence
$2,000,000 General Aggregate Limit
$2,000,000 Products/Completed Operations Aggregate Limit
$1,000,000 Personal Injury and Advertising Injury Each Person/Org
Required provisions:
• City of Ithaca shall be named as Additional Insured including Completed Operations
• Coverage for the City shall apply on a primary and non-contributory basis.
• The General Aggregate shall apply on a per proj ect(per location basis.
• Waiver of Subrogation in favor of the City of Ithaca must be included.
• No coverage exclusions or limitations as respects NY Labor Law
• 30 Days Prior Written Notice provided if coverage is canceled, non -renewed or
materially changed
• Certificate of Insurance needs to be provided every year when policy renews and shall
include copies of the Additional Insured and Waiver of Subrogation endorsements
Auto Liability.
$1,000,000 Bodily Injury and Property Damage Each Accident
Required provisions:
• Waive of Subrogation in favor of the City of Ithaca shall apply
Excess "Umbrella Liability".
Excess coverage over the Commercial General Liability and Automobile policies with limits not less than
$5,000,000 Each Occurrence
$5,000,000 General Aggregate
$5,000,000 Products & Completed Operations Aggregate
Required provisions :
• Policy should follow form to the underlying coverage including the following
o City of Ithaca shall be named as Additional Insured including Completed Operations
o Coverage for the City shall apply on a primary and non-contributory basis.
o The General Aggregate shall apply on a per project / per location basis.
o Waiver of Subrogation in favor of the City of Ithaca must be included.
o No coverage exclusions or limitations as respects NY Labor Law
0 30 Days Prior Written Notice provided if coverage is canceled, non -renewed or
materially changed
o Certificate of Insurance needs to be provided every year when policy renews
Workers' Compensation and Employers' Liability.
Statutory coverage complying with New York Workers' Compensation Law Section 57 General
Municipal Law Section 125, Contractor must submit one of the following:
--CE-200 - Certificate of Attestation of Exemption from NYS Workers' Compensation
available at , OR
--C-105.2 - Certification of NYS Workers' Compensation Insurance, OR
—U-26.3 - State Insurance Fund version), OR
--SI-12 - Certificate of NYS Workers' Compensation Self Insurance, OR
--GSI-105.2 - Certificate of NYS Workers' Compensation Group Self -Insurance
Disability Beneftts Requirements.
Statutory coverage complying with NYS Workers' Compensation Law Section 220 (8) under General
Municipal Law Section 125, Contractor must submit one of the following:
--CE-200 - Certificate of Attestation of Exemption from NYS Disability Benefits Coverage available at
,OR
—DB120.1 - Certification of Disability Benefits Insurance, OR
—DB 155 -Certificate of Disability Self -Insurance
Note: Proof of NYS Workers' Compensation and NYS Disability benefits must be provided on NYS
forms listed above (complete information available at or Bureau of Compliance at
(866) 546-9322.