HomeMy WebLinkAbout02-27-17 Board of Public Works Meeting AgendaBPW Meeting
Board of Pubtic Works
AGENDA ITEMS
DATE: February 27,7017
TIME: 4:45 pm
LOCATION: 3'd Floor,
City Hatl, CounciI Chambers
108 E. Green St., lthaca
Time
AllowedTopicVoting? Presenter(s)
1. Call to Order/Agenda Review
2. Mayor's Communications
3. Communications and Hearings lrom Persons
Before the Board
4. Response to the Public
5. Reports
A. Special Committees oJ the Board
B. Council Liaison
C. Board Liaisons
D. Superintendent and Staff
6. New Proiect Presentation
7. Administration & Communications
A. Board Meeting Day Change Request
B. Approval ol October 5,2015 BPW Minutes
No
No
No
Mayor Myrick
Mayor Myrick
Public
Commissioners
Various
5 min.
5 min.
5 min.
No
No
Yes Mayor Myrick
9. Highways, Streets & Sidewalks
10. Parking & Traffic
ll you have a disability lhat will require special arrangenents lo be nade in order lot you to lully paticipale in the meeting, please contacl the City Cleft al
The Board ol Public Worls meels on lhe second and lou(h Mondays at 4r45 p.m. All meetings are voting meetings, opening with a public comment
period. Meeling agendas are crealed lrom prior public input, Deparlmeni operating, planning issues, and requests made to the Superintendent. The
Board reserves the righl to limil vebal comments lo three minutes and to request witlen comments on lengthy or complex issues. This inlormation may
then be used to creale commitlee a endas, with lhe speaker or author invited to attend
607-274-6570 al least 48 hours belore the
5 min.
8. Buildings, Properties, Refuse & Transit
11. Creeks, Bridges & Parks
A. Proposal for a Temporary Community Altar in Yes Supt. Thorne 5 min.
DeWitt Park
Per the Board's discussion, a resolution approving the installation of the altar in Dewitt Park is
enclosed.
12. Water & Sewer
A. Appeal of Water Bill lor 108'/z Fifth Street Yes Asst. Supt. Whitney 2 min.
B. Appeal of Water Bill jor 130 East State Street Yes Asst. Supt. Whitney 3 min.
Per the Boatd's discussion, resolutions will be provided at the meeting.
13. Discussion ltems
A. Request to Hang a Banner on the Gateway Bridge No Supt. Thorne l0 min.
from lthaca City School District
The lthaca City School District would like to hang a banner from the Gateway Bridge (AKA
Bridge to No Where) advertising open positions in their transpona on depaftment.
Page 2 of 3
Topic Voting? Presenter(s)
Time
Allowed
B. Request for License Agreement from Southern
Tier Balloon Tours
No Supt. Thorne 15 min.
C. East Spencer Street Sidewalk Replacement No Sidewalk Prog. Mgr.
Johnathan Licitra
10 min.
D. Request for a Parking Space Rental Agreement
from Miller Mayer, LLP
No Parking Dir. Nagy 15 min.
Miller Mayer, LLP, has submitted a request to rent two parking spaces for their exclusive use in
the Green Street Garage. The City Attorney’s office has provided a draft agreement for the
Board’s consideration.
14. New Business No
15. Adjournment Yes
Page 3 of 3
11. Creeks, Bridges & Parks
A. Approval for a Temporary Community Altar in DeWitt Park – Resolution
WHEREAS, Your Art Club has proposed to install a temporary community altar in DeWitt Park,
and presented their proposal to the Board of Public Works on January 9, 2017; and
WHEREAS, the Board of Public Works supported the idea, but asked for the Parks
Commission to review the proposal and provide a recommendation; and
WHEREAS, the Parks Commission reviewed the proposal on January 10, 2017, and
recommended that Your Art Club monitor the installation on a daily basis to remove trash
and/or any offensive items placed at the altar; now, therefore be it
RESOLVED, That the Board of Public Works approves the temporary community altar
proposed by Your Art Club, subject to daily monitoring, clean up and/or maintenance by Your
Art Club for a period of one month; and, be it further
RESOLVED, That the Board of Public Works authorizes the Superintendent of Public Works to
remove the altar if it becomes a nuisance, and to review and approve or disapprove any
requests to extend the display period.
Kathy Servoss
From:
Sent:
To:
Cc:
Subject:
Michael Thorne
Thursday, )anuary 26,20!7 L2:00 PM
.iulie Holcomb; Tim Logue
Kathy Servoss; Addisu Gebre
RE: ICSD banner on Gateway trail bridge over Rt 13
Categories:Tasks/To Do, BPW
I'm not opposed to bringing it to the BPW for permission to hang the sign on a temporary basis. This is for a public entity
advertising jobs, as opposed to a private entity advertising for business purposes. She should send us a graphic of the
sign including its dimensions, along with information on how long it will be posted.
Kathy, can you contact her and let her know what she needs to do? She also will need to contact Skip Schell.
Than ks
Michael Thorne, P.E,
Superintendent of Public Works
City of Ithaca
108 E. Green Street
Ithaca, NY 14850
607 -274-6527
From: Julie Holcomb
Sent: Thursday, January 26, 2017 9:58 AM
To: Tim Logue; Michael Thorne
Cc: Kathy Servoss; Addisu Gebre
Subject: RE: ICSD banner on Gateway trail bridge over Rt 13
Hi everyone-
She stopped at my office before she went upstairs. I told her that we don't hang banners from any city infrastructure
anymore and to check with the School District or a private property owner (she didn't tell me who she was or who she
was with). She mentioned the IPD banner and Sarah told her that the BPW approved it so she might want to try there. I
read the minutes from that meeting and Mike was going to draft a Resolution for Board approval that allowed City
departments only to hang banners on City property and that a timeline should be associated with it. FYI - IPD said their
banner only needed to be up through November 14, 2015 (l hope it is not still up there!) The BPW did adopt a policy
regarding hanging banners and temporary signs in the parks. I know that Public Works has been trying to get out of this
business for decades so I would hate to see us back track now...
My thoughts -
Julie
From: Tim Logue
Sent: Wednesday, January 25, 2Ot7 4:O2 PM
To: MichaelThorne <MThorne@cityofithaca.org>; Julie Holcomb <JHolcomb@cityofithaca.org>
Cc: Kathy Servoss <KServoss@cityofithaca.org>; Addisu Gebre <AGebre@cityofithaca.org>
Subiect: ICSD banner on Gateway trail bridge over Rt 13
Not sure where this one goes, so please redirect as needed...
1
Elizabeth Berner, the transportation supervisor for ICSD, stopped in wondering if ICSD could be allowed to hang a 12 ft
long banner on the Gateway trail bridge over Rt 13 at the south city line. She said IPD has a banner there currently, and
an omcer refened her to Engineering for approval. The banner is a school bus driver recruitment ad and she would be
happy to hang it in either or both directions for somewhere between a few weeks and a few months (or for what we
would allow).
Addisu and I don't have a problem with this, but I'm not sure how we handle these requests and seem to have a memory
about banners and BPW approval (maybe because it was Wood St Park?). Anyway, any advice on how to handle this?
Elizabeth's contact info is
o) 274.2t28
c) 279.9058
elizabeth.berner@icsd.k12.ny.us
Thanks,
Tim
Tim Logue
Director of Engineering Services
108 East Green Street
Ithaca, NY 14850
607.274.6535
Asa Philip Randolph (African-American labor and civil rights leader, 1889-1979)
2
"A community is democratic only when the humblest and weakest person can enjoy the highest civil, economic, and social
rights that the biggest and most powerful possess."
Kathy Servoss
Flom:
Sent:
To:
Subject:
Elizabeth Berner <elizabeth.berner@icsd.kl2.ny.us >
Wednesday, February 15, 2017 3:11 PM
Kathy Servoss
Re: ICSD Banner on Gateway Bridge
Categories:BPW
I will be there at the meeting. See you there.
On Wed, Feb 15,2017 at l1: l0 AM, Kathy Servoss <KSgry9$1@9ilyqElh4g4gg> wrote:
Hi Eliza beth,
Thank you for sending the banner image. lf you have any additiona I information for the Board prior to the meeting,
please forward it to both Sara Myers and Mike Thorne (both cc'd) as I will not be in the office next week. Your request
will be on the BPw agenda for Monday, February 27th. Someone should be at the meeting in case the Board has any
questions. The meeting begins at 4:45 p.m. in Council Chambers in City Hall, 108 E. Green St. Third Floor.
lf you have any questions, feel free to send them to me or Sarah.
KrthU .srrvass
excotLttve assktav*
sult. of ?fuLi,L works, euqLnartn4 S"aykLvq
cttA of tthaoa
aog e. qYccw st.
tthaoa, NY a+a,o
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1
From: Elizabeth Berner Imailto:elizabeth.berner@icsd.k1.2.nv.usl
Sent: Monday, February 13, 2017 10:46 AM
To: Kathy Servoss <KServoss@citvofithaca.org>
Subiect: Re: ICSD Banner on Gateway Bridge
-,LI BannerProof_1.pdf
To the Board of Public Works,
I would like to request to place a banner on the Gateway Bridge near Home Depot. lwill attach a picture of
our banner with dimensions. This banner will help us with our shortage of bus drivers for the lthaca City
Schools. I would like to keep this banner up for 3 to 4 weeks as soon as it is approved.
Thank you so much for considering helping usl
Transportation Supervisor
On Wed, Feb 8, 2017 at 1l:06 AM, Kathy Servoss <KServos cl fithaca.or wrote:
Hello Elizabeth,
I was asked to contact you about your request to put a banner on the Gateway Bridge (AI(A Bridge to
Nowhere) near Home Depot. This request will need to go through the Board of Public Works. Please send an
email or letter to me for the Board explaining your request in detail, specifically with dates the banner would
be displayed and including a graphic of the banner with dimensions. The next BPW meeting that this request
could be discussed is February 27, 2017. We will need the information by February l7th.
Let me know if you have any questions.
2
Thank you,
Elizabeth Berner
KrthU.Scrvass
excou|;tve assista vt
sr,qt. ,f P4btic worEs, evqlntcylv\4 €Pakj'rg
e)*g of rthaoa
aog e. qYuw St.
tthaoa, NY L+85o
6oV4a+-@7
3
Vinyl Banner
360" wide x72" high
Irh OC
Now Hiring $chool Bus Drivers!o . Ei.t',:XiiliJJfri:''n
City School District, ilY Come Join Us! 6O7-274-2128
CITY OF ITHACA - superintendent of Public works
108 East Green Street. Suite 202, lthaca. N.Y. 14850 Phone: (607) 274-6527
kgehri ng@cityof ithaca org
Fax: (507) 274-6587
APPLICATION FOR USE OF CITY PROPERTY
(see S170 of lhe C(y Code lor add rl ronal req urrem enls restnclions and procedures)
APPLICANT NAME
MAILING ADDRESS
\c .iher^l rer [}t1 /oon
767't ttu}ll Gln
C<;l:uLZZ-7/ tlPHONE NUMBER
EMAIL ADORESS
n Mayor
n Ci9 Clerk
5+.-ll c, lv
All of the following documentation IrUST be submittod to the Superintendent's Oftice, along with this application
form, and i l00 non-refundable fee, in order for application to be considered complete.
*** lncomplete Applic s will not be acceoted ****
- Pror'ide a typed explanation of your request clearly rndicating the location of the property under consideraton
your intended use(s) of that property, and intended duration of use. Also, include a description of any physical
changes that you wish to make to the City prop€rty and any other information you feel rs relevant. such as
paving, drainage improvements, signs. structures, elc.
$100 non-rerundable application fee Checks payable to the City of lthaca
I Property survey produced by a licensed land surveyor showing the City property and ad]acent private property
g( n Orawlng, such as submitted or approved site plan, clearly illustrating the boundaries of the City prop€rty
proposed for private use, including physical changes proposed and the affected area (in square feet or acres)
E( lnsurance coverage consistent with the terms slated in 5170-9D(1) of the City Code
FOR OFFICE USE ONLY
Aoplication F€e of $100 pard on alr,lrl (date) by cash or check #tn6wQ.fr(circle one)
Application acceptsd by:Date
t\.4 J Thorne. P E . SuDermtendent of Publicworks
The Superintendent of Public Works has determined that this request should be properly treated as (check
f, Temporary sasemenl C Permanent easement ! Lease C Lrcense {Orn.,
The Superintendent has determined that thrs request /do." D do." not involve the us€ of public parkland
The Superintendent has determined that this request il does #does not require environmental revrew.
The Superintendent shall determine whether the requested encroachment or use interferes with any public works
funclions or needs, and whether any conditions should be attached to any granting of an easement. license or lease
The Superintendent has determined that additional review/action is necessary frorn the follorving (check all that apply)
one)l
4rrr-+
d city ntto."y
t/Cqnmon Council
D Fire Chief dBoard of Public Works
/omo tl^rkCowwiO|-,^
Thia application bsen tr appmved E with conditions O denied
by Date
Michael J. Thorne. P.E . Superintendent o, Public Works
and a written roaponso tr has E has not bsen proyided.
J \Fronl Otfce Files\Fo(ms\Use ot C[y Property Application doc
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NAME OF ORGANIZATION / BUSINESS
OATE OF APPLICATION SUBMISSION zot 7
Dariush Farzad
Southern Tier Balloon Tours
2528 Mill Glen St
Endicott, NY 13750
To whom it may concern, City of lthaca,
Southern Tier Balloon Tours is requesting the use of Stewart Park to launch its hot air
balloon from launch sites "Alpha" and "Bravo" from the months of April - November, yearly.
We have included a map with requested launch sites highlighted in red for "Alpha" and blue for
"Bravo." We have also included the square footage of the proposed launch sites that we would
be using. The total time per a launch is about 35 minutes. Therefore, each time we would
launch from the park it would generally be no more than 35 minutes of field usage. Balloon
launches will require a vehicle to drive onto the requested launch site{s} to set up equipment
and ensure that the balloon always has a safe take off. We will not drive on launch sites if they
are soft or if possible damage to the field would occur from our vehicle{s}.
Balloon launches would occur about 50 times a year give or take a couple a couple
flights. We are fully insured and have included a policy copy with the appropriate additions of
The City of lthaca as defined in 170-9D(1) of City Code.
Our balloon flights do have paying customers on board that set up their balloon rides
online through our booking software Bookeo, which is 100% of our bookings. Balloonflight
transactions never occur on city property nor do we advertise on city property in regards to
purchasing a balloon ride. I understand an issue arose that our balloon flights were/are selling
"concessions" on city property during flights, to the best of our knowledge we do not believe
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SCHAN I'Z The Schantz Aqency
Insurance for Balloonists by Balloonists
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COVERAGE A: l]ol)ll.Y
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Additional lnsured. lhe following applies:
The covcragc provided to the Additional lnsured shall apply solely to thc Additional lnsured's vicarious liabilitl arising out ol'
lhc \cnred lnsured s opcralion ofcovered balloons idcntitied in the Schedule ol ('overed Balloons on the policl. and shall bc subjccl
lo all policy tenns. conditions. definitions. exclusions.. endorsements and amendments. Subiecl to all policy terms. conditions.
definitions. erclusions. endorsemenls and amendments, the total liability ofthe insurer shall not exceed the Lirrlits oflnsurancc set fonh
I in thc Declarations of this policl.
lthn -fi.. ea lin Januar\ I ll. l0l7
Al n t()RtzlI) st(;NA tr RII
John M. Crilli CI,CL'
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PO Box 51591 / J.cksonvllle &.ch, Floridr 322/0
Orfice: 904-2116-1018/ F.x 9O4-246.5646
E-X.ll: b.lloonmai5ter@iuno.com / wurw.tlrcsdraotrrganav.com
CERTI FIC.,ITE OI- INSL'R,1,\CL
This Cenili.'ote i$ issue.l olt u motret of infomation orrh. Thh Certilicale doe.t nol qmend. e\len.l or alrer in ofir rnonner
the coreruseh) proride.l h| lhe poliq' daicribed hercin-
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Broome County Department of Parks & Recreation
Llarbara J. I.iala. Broomc County Executivc Ilcnry W(:issmann. Comnrission(:r
[]r'oomc County Officc Building 44 tlawley Strcct P.o. tsox 1766 Binghamton. Nr:rv York. 13902
(6071 77A-2193 Fax {6O7) 778-2356 Wcbsitc: www. gol)roolll('coun ly. c{)n'l
II0'I'AIII I]AI,I,OoN (;T II DI'LINI'S
All persons operating balloons in a Broonre County Park must lnillirlrrll)' aclhcrc to tltc
rcgulations sct lbrth by thc Balloon l"cdelation ol'Amcrica.
Il. Insuranccllcquircnrcnts
$ I .000.000 balloonist liability policy.
Broomc County must be named as an additional insured
'fhc maximunr nunrbcr of peoplc pcr basket will he listed ort the insutl:rcc ccltilicalc lnd
pennit. l his s'ill be dctermincd bv the balloon manufacturer and insuranct cat'Lict.
D. Tie dou,ns are required during inflation.
E. There rvill be a mininrun'r oftwo ground crew per balloon.
F. Each permit will include a map ofeach arca in the Park systenr rvlrere balloons ma\' lauuch.
G. For purposes of sal'ety, park facilities other than Otsiningo Park nlrst bc notitled o1'all
launchcs.
l{. Solicitation lbl rides and the cxchange of'mouey must occur oll'park prope()'.
I. 'l-he permit must be kcpt rvith the balloonist at all times.
.T. A fee of $25.00 will be charged for tl, e pennit.
SITES APPROVED FOR LAUNCHING
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LAUNCIJ SII'E
Otsiningo Palk
778-654 r
Rest Arca Iricld
Nathanicl Colc Park
693- I 189
East/West Softball Ficlds
PARK
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TELEPHONE #
I,AUNC}{ SITE
Dolchcstcl l'ark
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Grccnrvood Park
862-e933
Ovcrflou, Parking l-ot/Open Pla1, Area
Vcterans Memorial Arena / Onc Sluarl Strct:l / lllnghamton. N.Y. 13901 116071778.1527 / ljax(607) 77lt-GC4l
Thc Fomm / 236 \Iashinglon Slrccl / BinAhamton. N.Y. t3901 / 1607177ta-2480 /trax(6071 778.65.10
Ilcnry Wcissmann, Commissioncr {607) 778-641t2
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TO: Board of Public Works
FROM: Megan Wilson, Senior Planner
DATE: February 21, 2017
RE: Southern Tier Balloon Tours Proposal
At its February 14th meeting, the Parks Commission reviewed Southern Tier Balloon Tours’
application to use two areas of Stewart Park for hot air balloon launches. The Commission had
several concerns and questions about using the park for this purpose, including:
The high voltage power lines that run through the park could pose a safety hazard for both
those in the balloon and on the ground.
Allowing vehicles to regularly drive on the lawn areas will cause damage to the grass,
regardless of the ground conditions. While it was stated that driving on the grass would not
occur when the ground is soft, the Commission is concerned that this commitment will not
be adhered to and damage will occur.
The two launch areas encompass large areas of the park. Would the permit allow the tour
operators to force other parks users to relocate in order to accommodate a balloon launch?
The Commission is concerned that allowing this use, particularly if the areas are reserved for
launches, will interfere with the public’s use and enjoyment of the park.
The use of Stewart Park for the hot air balloon launches is strictly a business operation, and
the tour operators would be making a significant amount of money off the use of City
property. Moreover, the hot air balloon tours are priced at a point that they would preclude
most park users from taking advantage of the opportunity.
Would there be a concession agreement with the City on top of the permit fee? Given that it
is a business operation, the Parks Commission believes that the City should receive
additional revenue for allowing this use of parkland, if the permit is issued.
The benefit to the community and the City from this permit remains unclear.
While a quorum was not present, Parks Commissioners in attendance recommended that the permit
be denied. They do not believe it is appropriate or necessary for Stewart Park to be the launch
location and encourage Southern Tier Balloon Tours to find an alternate location that is not on City
parkland for its launches.
Should the permit be issued, the Parks Commission recommends that the following conditions be
added to the permit:
Launches should be restricted to a finite period of time only. The hours of 5-7 a.m. were
suggested by staff.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA DESARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
MTLLER MRYTR:
A'TONNEYS AT LAW
HAYDEN R. BRAINARD, JR.
PARTNER
hrb@millermayer.com
October 19. 2016
Miller Mayer Parking
Green Street Parking Garage
Dear Frank.
Thanks for stopping by to discuss this matter. Per our discussion, we have revised our proposed Parking
Space Rental Agreement to make clear that our proposed exclusive use of 2 parking spaces adjacent to
our entrance would be limited to regular business hours (9am-5pm, Monday through Friday). We would
Iike to reserve 2 spaces during these times for Miller Mayer at a cost of $ 150/space per month
($300/month total, billable on the first ofeach month in advance) in the Green Street Parking Garage.
This rental will begin November l, 2016, or as soon as your approval process will allow. We will come
up with a ID tag that visitors can use when they park in our spots, and we will run the ID tag by you for
approval. We will monitor these parking spots for compliance.
We have attached a revised draft rental agreement per our discussion. Please let us know if you need
anything else form us. Thank you.
Kind
Re
S
R. Brainard
P.o. Box&35 llthaca,NewYork 14851-6435 | 607.273.4200 tel | 607.272.6694lax I www.mtllermayer.com
VIA EMAII,
Mr. Frank Nagy
Director of Parking
City of Ithaca
108 E. Green St.
Ithaca. NY 14850
FNaev @cityofi thaca.ore
Tltls AGREEMENT, made this day of 2016, by and between:
) Miller Mayer, LLP, with offices located at 215 E. State Street, Suite 200, Ithaca, I.IY 14850, (hereinafter
referred to as "LICENSEE"),
and
) The CITY OF ITHACA, NEW YORK, a municipal corporation having offices at 108 E. Green Street,
Ithaca, New York (hereafter referred to as "CITY"),
WITNESSETH THAT:
WHEREAS, LICENSEE wishes to use, occupy and/or encroach upon certain land in the City of
Ithaca owned by CITY, for the purpose of granting Licensee the exclusive right to use two (2) designated
parking spaces (#_ and #_, shown on the map attached as El!Eil!) ("Parking Spaces") in the municipal
parking garage on Green Street, in Ithaca, NY ("Green Street Garage") on the terms and conditions set forth
below, and
WHEREAS, Chapter 170 of the Municipal Code of the City of Ithaca establishes the process and the
terms and conditions by which the CITY may license the use of and/or encroachment upon its real property to
a person or persons; and
WHEREAS, LICENSEE's office space has a direct entryway to the Green Street Garage, and due to
this unique feature, 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 or encroachment, subject to certain
conditions;
NOW, TI{EREFORE, in consideration of the mutual covenants and agreements herein contained,
including receipt by CITY from LICENSEE of the fees described herein (either in full, or pursuant to an
installment pa).ment agreement), the parties hereto, for themselves, their heirs, executors, administrators,
successors and assigns, do hereby covenant and agree as follows:
1. By the License herein contained and subject to the terms and conditions set fo(h herein, LICENSEE
shall have the exclusive right to use and control ofthe Parking Spaces for the purpose ofparking automobiles
belonging to LICENSEE, its owners, employees, agents and invitees, between the hours of 9am and 5 pm,
Monday through Friday, for the duration of this Agreement. LICENSEE hereby acknowledges and agrees
that the Parking Spaces shall be open to public use at all other times. The CITY reserves the right to enter upon
the licensed premises upon reasonable notice (or without notice in the event that the CITY, in its sole discretion,
has determined that emergency entry is required) for the purpose of inspection or to assess or remedy a
dangerous or potentially dangerous condition.
2. The use by LICENSEE ofthe above-described property ofthe CITY does not constitute and shall
never ripen into or become a right to use any portion of such property without the consent ofthe CITY, but is
and shall continue to be only a use by sufferance ofsaid property ofthe CITY, as evidenced by a duly executed
and current License/Agreement.
PARKING AGREEMENT / REVOCABLE LICENSE
3. Subject to the provisions of Paragraph 4, below, the term ofthe License contained herein shall be
for a term of 12 months commencing on the date that this Agreement is executed in full. Renewal of this
Agreement may only be authorized by the Board ofPublic Works.
4. Notwithstanding any other provisions herein, the License contained herein may be terminated by
LICENSEE, for any reason, upon at least 30 days' written notice to the CITY. [n the event of such early
termination, LICENSEE shall be entitled to a pro-rated refund ofthe use fee, for the unused portion ofthe
term, provided that LICENSEE is in compliance with the provisions of Paragraph 8, below. Such early
termination shall not relieve LICENSEE of its duty to restore and deliver up the licensed premises as described
below.
5. Notwithstanding any other provisions herein, the License contained herein may be revoked or
modified by CITY (a) upon such notice as is practical, in the event ofan emergency that threatens property or
the public safety or welfare, or (b) upon at least one month's notice that the Superintendent has determined
that LICENSEE has failed to comply with any substantive term herein, and that LICENSEE has not cured such
breach within the notice p€riod, or (c) 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 ofParagraph 8, below.
7. LICENSEE hereby agrees to maintain the licensed premises in a safe, sound, clean and serviceable
condition, in accordance with all applicable ordinances ofthe CmY and such that no hazard is posed to the
public from the public's use ofor proximity to said premises, and to repair or remove any unsafe or improper
structure or thing thereupon, as directed by the CITY. In the event ofLICENSEE's failure to effect such repair
or removal, after notice fiom CITY to do so, CITY may carry out the same and charge LICENSEE and its
benefited property for such cost (plus a 25% administrative charge).
8. LICENSEE hereby agrees that it is LICENSEE's duty, at the end ofthe term or in the event ofother
termination ofthe License, to deliver up the licensed premises in as good order and condition as they were at
the commencement of the License (reasonable use and wear excepted), unless the CITY agrees in writing to
accept the premises in a different condition. Unless otherwise agreed to by the CITY, such delivery shall
include restoration of grade and original ground cover, if appticable, and removal of any debris and any
)
6. This AgreemenVlicense shall not take effect until fully executed and until the application and use
fees set forth below have been received by the City.
Aoolication Fee: An Application Fee in the amount of $ 100.00 (in the form of a check payable to the
City oflthaca) must accompany submission ofthe 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.
Use Fee: The monthly Use Fee in the amount of $ 150 per Parking Space, $300 total, will be due and
payable to the CITY monthly in advance. Rent due for any partial month shall be prorated to the number of
days lapsed prior to the effective date of lermination ofthis Agreement. Checks shall be made payable to and
delivered to City Chamberlain, 108 E. Green Street, l"t Floor, Ithaca NY 14850.
Notwithstanding any other provisions herein, the CITY hereby reserves the right to correct the amount
ofthe Use Fee at any time, ifthe square footage ofland 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 ofthe correction shall be effective and pro-rated as ofthe date
of such Notice. Likewise, in the event that the licensed premises are reclassified by Tompkins County as
taxable, the full amount of assessed taxes shall be incorporated into a corrected Use Fee, as of the date such
taxes become due.
structures installed by LICENSEE. Any damage to the premises or any debris remaining thereupon at such
time shall be presumed to have been caused by LICENSEE. ln the event of the failure of LICENSEE to effect
the required restoration, within ten (10) days of the date of written notice from the CITY, the CITY may
thereafter cause the restoration to occur and may subtract the cost thereof from any pro-rated refund due to
LICENSEE and/or may assess the cost thereof(plus 25%) against LICENSEE and its benefited property.
9. LICENSEE hereby agrees to indemnifu and save the City and its officers and employees harmless
from any loss, injury or damage arising out ofthe occupancy or use ofthe encroached-upon City property, by
LICENSEE or its servant or agent, or by any member of the public, or from any negligence or fault ofsaid
LICENSEE or its servants or agents in connection with the maintenance ofthe afore-mentioned encroachment,
or the failure to maintain the same in good repair and safe condition, including attorneys fees and court costs.
10. LICENSEE hereby agrees to keep the licensed premises insured at all times, in the amount ofat
least $1,000,000.00 for personal injury liability, to list the City as an additional insured under said insurance
policy, and to provide written proof of such insurance from the insurer, at the time of execution of this
agreement, by the time ofthe annual anniversary ofsaid original execution ifthis License is to be renewed,
and as may be otherwise required by the City.
1 l. ln the event of the expiration and non-renewal, or termination, of this License, failure of the
LICENSEE to vacate the formerly licensed premises at that time may result in substantial penalties, pursuant
to the Municipal Code of the CITY.
12. All notices provided for herein shall be sent to CITY at the address set forth above (in care ofthe
City Chamberlain), or to LICENSEE (or any subsequent owner or person, as described above) at the address
set forth above, or at any other address provided in writing to CITY by LICENSEE.
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
3
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 lo me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to
me that she,4re executed the same in her,/his capacity, and that by her/his signature on the instrument, the individual,
or person on behalfofwhich the individual acted, executed the instrument.
Notarv Public
STATE OF NEW YORK
COUNTY OF TOMPKINS
On this dav 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 swom, did depose and say that he resides
at Ithaca, New York, and that he is the Mayor ofthe City oflthaca, the municipal corporation described in and
which executed the above instrument; and that he signed his name thereto upon authorization ofthe Board of
Public Works of such corporation.
Notarv Public
Approved as to form and content:
City Attomey Date
SS:
)
)
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EXTIIBIT A
MAP OF PARKING SPACES
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702 700 698 696694692
MAP: Miller Mayer, LLP Parking Spaces
Green Street Parking Garage lst Floor
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H - Handicap Spaces. We understand from our conversations with Frank that two
additional handicap only spaces will be added at spaces 694 and 696. These spaces .
are not currently labeled handicap only.
MM- Miller Mayer Reserved Parking Spaces. We would like space as close to our door as possible.
Spaces 698 and 700 are fine. If it turns out there will not be handicap spaces in 694 and 696, we would
prefer those spaces.
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