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HomeMy WebLinkAboutGreenwich Woods Easement AGREEMENT made this day of May, 1985, between GREENWICH WOODS LIMITED PARTNERSHIP, a limited partnership formed pursuant to the laws of the State of Connecticut, having its principal office located at One State Street, P.O. Box 31-277, Hartford, Connecticut, hereinafter referred to as the "Developer", and the VILLAGE OF RYE BROOK, a municipal corporation organized and existing under the laws of the State of New York, hereinafter referred to as the "Village"; W I T N E S S E T H: WHEREAS, the Developer is constructing and will construct a convelescent nursing home and extended health care facility, hereinafter referred to as the "Project" in the Town of Greenwich, Connecticut, in accordance with a plan of development on file with and approved by the Planning Commission and the Environmental. Impact Commission of the Town of Greenwich; and WHEREAS, the sanitary sewer system to be constructed and installed in order to service said Project will be connected by sines installed in •King Street and Lincoln Avenue in the Village and will -be connected to; the: sanitary sewer system located in the said Village and .maintained therein by the. Courity of Westchester; and WHEREAS, said force main plan and profile, pumping station and ancillary items connected therewith have been approved by the Board of Trustees of the Village of Rye Brook in conjunction with its approval. to extend sanitary sewer service to said Project; and WHEREAS, the Developer is desirous of providing to the Village a permanent maintenance agreement% NOW THEREFORE, it is hereby agreed by and between the parties as follows: 1. The Developer agrees to permanently maintain said pumping sewage station facilities in a proper and satisfactory operating condition, for which purpose the following procedures will be adopted: (a) A periodic inspection will be made by the Engineering Department of the Village or its designated agent, which shall report to the Developer and the Village as to improvements, repairs or maintenance requirements. The cost of such inspection shall be borne by the Developer. (b) The Developer shall institute a periodic inspection program, conducted at least monthly by an experienced maintenance man. (c) The Developer shall contract with an approved pump service organization for semi-annual inspections, and report as to repair, maintenance or replacement requirements. The recommendations of the maintenance man, Village personnel or pump service organi- zation shall be met by the Developer within seven (7) days of notification. All expenses and fees of the preceding procedures, including legal or engineering expenses of the Village shall be an obligation of the Developer. 2. Prior to the issuance of an authorization to discharge into the sewer system of said County of Westchester, the Developer will deposit the sum of $10,000.00 with the Village, as Trustee, to be held by it in an insured savings account. 3. In the event that withdrawals are made from the fund, as hereinafter provided, the Developer shall promptly replace the amount of money in order to maintain a balance in this savings account fund at a level equal to 125% of the current con- struction cost of the pumping station. 4. In the event that the Developer receives an order from a municipal or state agency having jurisdiction over said facilities, it being understood that such agencies may include, but are not limited to the Health Department of the State of Connecticut or New York, Building Official or Engineering Department of the Village of Rye Brook or of the Town of Greenwich, Connecticut, or the Department of Environmental Protection of any of the foregoing municipalities or of the County of Westchester, requiring any maintenance, repair or replacement of said facilities, the Developer shall immediately deliver a copy of said order to the Village and immediately proceed to the performance of said work. In the event that such maintenance, repair or replacement is not commenced within seven (7) days after the receipt of such notice from the agency having jurisdiction, the Village or its designee shall have the right to enter upon said property to make such repairs and/or maintain and/or replace said facilities to the extent that funds are available in the. accounts as described in this Agreement, to the extent that funds are available pursuant to this Agreement. In the event that said funds are inadequate to accomplish the foregoing work, Developer shall be liable for the payment of the difference. The Developer shall replenish any funds needed to restore said services fund to equal the amount indicated in Paragraph 2 above. Any funds expended by the Village with respect to the foregoing shall constitute a lien against the premises and shall be enforceable as a tax lien and shall constitute an additional remedy in addition to all and any other remedies available at law to the Village. 5. The Developer will be required to maintain adequate insurance coverage on the pumping station and sewage lines and facilities as reasonably required by the Village. Certificates of insurance shall be furnished to the Village arinually,. with 10-d4y prior notification of the. expiration .or change. As a minimum, the full value. of the. installation shall be covered for :fire, explosion, .vandalism, flood protection, theft .and extended coverage. 6. In' the event of any default in the above terms and conditions, the Village may terminate the account, transferring all funds therein to the appropriate municipal fund for the future maintenance of the said facilities. 7. The Developer agrees, for itself and its successors and assigns, that this Agreement is not to be construed to constitute a limitation upon the liability of the Developer or its successors and assigns for the P g proper repair, maintenance and/or replacement of the sewer lines and facilities which are the subject of this Agreement. a. This Agreement and the. obligation contained herein shall run with the .land and shall be binding upon and inure to the benefit of the parties hereto and of their respective successors and assigns. 9. This Agreement is being executed simultaneously with a certain Easement Agreement bearing even date herewith, affecting the premises of the Developer, which premises is more particularly described at Exhibit "A" hereof. Said Easement Agreement and this Agreement are intended to and shall be recorded together in order to properly and completely effectuate the intentions of these parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first written .above. Signed, Sealed and Delivered in the presence of: GREENWICH WOODS LIMITED PARTNERSHIP B�l/✓d J, Gt�FF�..� By: VI GE OF :RYE BRfl0 /J By: �,'r STATE OF NEW YORK ) ) ss: COUNTY OF WESTCHESTER ) On the 21st day of May, 1985, before me personally came JACK L. KABCENELL, to me known, who being by me duly sworn, did depose and say that he resides at 5 Old Oak Road, Rye Brook, New York, that he is the Mayor of the Village of Rye Brook, the municipal corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Trustees of said Village of Rye Brook by duly adopted Resolution thereof, and that he signed his name thereto by like order. Publ_, Sty 04 Yw gppointed #or w Q °c'.i 131 C®un CAppossifln i`.� Ch 30, 1 ••• STATE OF NEW YORK ) ) ss. COUNTY OF WESTCHESTER ) On this 21st day of May, 1985, before me personally appeared TONY STANLEY to me personally known, who being by me duly sworn did say that he is the Vice President of TransCon Builders, Inc., and Ohio corporation which executed this Agreement as General Partner of the Partnership, that his execution and the filing of this instrument are duly authorized by the Board of Directors of said corporation and that the execution of this instrument is a voluntary act binding upon said corporation. r BRUNO GIOFFBE Notary Public. State of New York No. 00-H27U5 Appointed for Coun Commission Eap res 1VI c:1 .0, 19. EXHIBIT "AT' Beginning at a point on the easterly line of King Street, said point is located 268.34 feet as measured northerly along the easterly line of King Street from the southwest corner of land of Greenwich Woods Limited Partnership and running thence westerly across King Street to and along the northerly portion of the highway known as Lincoln Avenue S. 510 371 W. 70.91 feet, S. 660 51' 401' W. 606.32 feet, S. 650 1811511 W. 92.03 feet, S. 66o 5712011 W. 304.0 feet, S. 660 0111511 W. 115.82 feet, S. 600 57' 45" W. 82.0 feet, S.. 640 5611511 W. 753.02 feet, S. 620 12' 4011 W. 71.53 feet, S. 690 24' 1511 W. 43.69 feet and S. 450 49' 20T1 W. 40.17 feet to an existing sewer manhole in Lincoln Avenue. The foregoing constitutes the center line of the Easement conveyed herein, the easement area being situated five (5) feet to each side of the above described center line thereof.