HomeMy WebLinkAboutTown resolution re Covenant Amendment Document 271337-001tt 136 0'72'76
TOWN OF ITHACA
126 EAST SENECA STREET, ITHACA, N.Y. 14850
TOWN CLERK 273-1721 NKINWAY 273 -1656 PARKS 273-SM ENGINEERING 273-1747 PLAWN4 273-1747 ZONING Z73-1M
FAX (607)273,1704
STATE OF NEW YORK )
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA )
I, Joan Lent Noteboom, Town Clerk of the Town of Ithaca, New York, do hereby certify
that the attached resolution is a true and exact copy of a resolution duly adopted by the
Town Board of said Town of Ithaca at a regular Town Board meeting held on the 9th day
of June 1997, and that the same Is a complete copy of the whole of such resolution.
W WITNESS WHEREOF, I have hereunto set my hand and the Corporate seal of the
Town of Ithaca, New York this 12th day of June 1997.
Joan Lent Noteboom
Town Clerk, Town of Ithaca
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TOWN OF ITHACA
Y' 126 EAST SENECA STREET, ITHACA, N.Y. 14850
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TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-17*3
FAX (607)273'1704
Town Board Meeting 6/9/97
Agenda Item No. 30
RESOLUTION APPROVING AMENDMENTS TO THE RESTRICTIVE COVENANTS OF THE
EASTWOOD COMMONS SUNNYHILL HOMEOWNERS ASSOCIATION
Resolution No. 105
WHEREAS, the Eastwood Commons Sunnyhill Homeowners Association has requested
the Town of Ithaca approve certain amendments to the restrictive covenants governing the
residential units in said development located off of Honness Lane, in the Town of Ithaca,
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Tompkins County, New York; and
WHEREAS, copies of the proposed amendments have been provided to the Town Board
and the Town Board has reviewed the requested amendments; NSW
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WHEREAS, the Town Board is of the opinion that the proposed amendments are justified
and consistent with the needs of the Homeowners Association and the Town of Ithaca;
NOW, THEREFORE, be it
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RESOLVED, that
1. The Town Board hereby approves the amendments to the Declaration of Restrictive
Covenants governing the Eastwood Commons Sunnyhill Homeowners Association, submitted
to the Town Board for consideration at this meeting, which requested revisions, among other
matters, alter the Declaration provisions relating to insurance and the circumstances under
which future amendments to the Declaration *11 need approval of the Town Board of the
Town of Ithaca; and
2. The Town Supervisor be and she is hereby authorized and requested to execute a copy
of such amendments evidencing the approval of same by the Town Board.
MOVED: Councilman Conley SECONDED: Councilwoman Grigorov
ROLL CALL VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilwoman
Harrison, aye; Councilman Conley, aye; Counciwoman Russell, aye. Councilman Wolff, aye.
Councilman Klein absent during vote. Carried unanimously.
DATED: June 9, 1997
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istO 62 wt_.138
AMxarDMratT or DEcr ARATIaK
Or COVMM4TS AND RESTRICTIONS
RELATING TO EASTWOOD COMMONS PRASE III SUNNTRILL amrVISION
TOM Or ITRACA, TOMPKINS COUNTY, NEW YORK
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The undersigned hereby certify that they are, collectively,
the owners of not less than 90% of the lots contained in the
Eastwood Commons Phase III Sunnyhill Subdivision described in a
Declaration of Covenants and Restrictions dated October 6, 1988,
and recorded October 21, 1988 in the Tompkins County Clerk's Office
in Liber 32 of Miscellaneous Records at page 1099.
Therefore, in accordance with Article X, Section 3 of the
y aforesaid Declaration, the undersigned hereby amend the Declaration
�1 as follows:
1. Article II is amended to add Section 6 as follows:
"Section 6. Rental of Residential Units. No person or
entity owning more than one residentiai unit may rent out
1 more than, one residential unit and garage (if any) at a
time. This Amendment shall not apply to multiple
residential units acquired by owners prior to June 1,
1997."
2. Article IV, Section 14 is amended to read as follows:
"Section 14. I s =a ce Coveragqe and Ilsuraqc
Assessments. The oar of nirecEors, or It duiy�
authorized agent, shall have the authority to and shall
obtain a blanket policy of insurance for all the
buildings including all single family residential units
and garages, and for all common area improvements
including without limitation the mailbox gazebo,
landscaping and driveway. The cost of such insurance
shall be treated as an expense of the Association and
included as part of the annual maintenance assessment.
The blanket policy will provide all risk insurance in the
broadest coverage available on all the buildings and
structures within the Properties, excluding the contents
thereof, insuring against loss or damage by fire or
other hazards in the amount sufficient to cover the full
replacement cost of any repair or reconstruction work in
the event of damage or destruction from any hazard.
At some time in the future, the Board of Directors
of the Association may decide, in its sole discretion, by
•a vote of seventy-five (75) percent of the Board of
Directors to require the individual owners to provide
homeowner's policies on their own lot and improvements
thereon (in place of the blanket policy coverage
described above for single family residential units and
garages) at their own expense, with the coverage and
details of the policy being to the complete satisfaction
of the Board of Directors insuring against loss or damage
by fire or other hazards in the amount sufficient to
cover the full replacement test of any repair or
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reconstruction work in the event of damage or destruction
from any hazard; if the Board of Directors so requires.;
the individual owner to provide his or her own
homeowners's policy and if the individual owner does not ;
provide such policy then the Board of Directors, or its
duly authorized agent, shall have the authority to and
shall obtain insurance on such owner's lot and
Improvements thereon.
Whether blanket or individual policies, such
policies shall specifically cover each unit owner's
garage. Such policies shall provide that insurance
proceeds paid on account of loss.of, or damage to, the
real property shall be adjusted with the carrier(s) by
the Association and shall be payable solely to the home
owner's mortgagee, if any, and the Eastwood Commons
Sunnyhill Homeowners Association, Inc., as Insurance
Trustee for the homeowner(s). Such insurance proceeds
shall be applied to repair or restoration of the property
as hereinafter provided. All such insurance policies
shall provide that coverage may not be cancelled by the
carrier without first giving the Association and unit
mortgagee, if any, ten (10) days written notice of
cancellation. All such policies shall contain, if
obtainable, a waiver of the right of subrogation against
any unit c:+ner, members of the unit owners family, the
Eastwood Commons Sunnyhill Association, Inc. its
directors, officers, agents, and employees, as well as
waiver of the "pro-rata" clause.
The Association shall also obtain a broad form
public liability policy covering all common areas and all.
damage or injury caused by negligence of the Association
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or any of its agents, directors, officers, or employees
in the amount of not less than one million dollars for
each occurrence and such policies shall contain a waiver
of the right of subrogation against members of the
Eastwood Commons Sunnyhill Homeowners Association, Inc.,
its directors, officers and employees.
Premiums for insurance obtained by the Board of
Directors on any individual residence and garage (other
than in the above blanket policy) shall not be part of
the common expense or annual maintenance assessment, but
shall be an expense of the owner(s) of the specific,
;.
residence or, residences so covered and a debt owed by
such owners and shall be paid within twenty (20) days
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after notice of such debt and shall be collectible by any
procedure permitted by the laws of the State of New York.
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In addition, if such debt is not paid within twenty (20)
days after notice of such debt, such amount shall
automatically become a lien upon such owner's residence
and shall continue to be such lien until fully paid.
This lien shall be subordinate to the lien of any first
mortgage and shall be enforceable in the same manner as
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any lien created by failure to pay the. maintenance Y
assessments.
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1,t ; Any owner may, if he or she wishes, at his or her
own expense, carry any and all other insurance he or she
deems advisable beyond that included in policies acquired
or required by the Association.
In the event of damage or destruction by fire or
other casualty to any property covered by insurance
payable to the Association as trustees for the homeowner
or under the blanket policy, the Board of Directors
shall, with the concurrence of mortgagees, if any, upon
receipt of insurance proceeds, contract to rebuild or
repair such damaged or destroyed portions of the property
to as good condition as formerly. All such insurance
proceeds shall be deposited in a bank or other financial
institution, the accounts of which bank or institution
are insured by a Federal governmental agency, with the
provision agreed to by said bank or institution that such
funds may be withdrawn only by signature of a least one-
third (1/3) of the members of the Board of Directors, or
by an agent duly authorized by the Board of Directors of
the Association. The Board of Directors shall obtain
bids from at least two reputable .ontractors, and then
may negotiate with any such contractors who may be
required to provide a full performance and payment bond
for the repair or reconstruction or rebuilding of such
building or buildings. With respect to any deductible
owing or in the event that insurance proceeds are
insufficient to pay all costs of repairing and/or
rebuilding to as good condition as formerly, the Board of
Directors shall levy a special assessment, as provided in
�. Article IV, Section 1, against all owners of the damaged
residences (including garages) in such proportions as the
Board of Directors deem fair and equitable in the light
of the damage sustained by such residences to pay the
deductible or to make up any deficiency. To pay any
deductible or to make up any deficiency for repair or
rebuilding of any improvements in the common area, the
special assessment shall be levied against all owners,
in equal proportions or in proportion to the rate of
payment of annual maintenance and special assessments
whichever method of payment is determined to be fairer
under the circumstances by the Board of Directors of the
Association. In the event such insurance proceeds exceed
the cost of repair and reconstruction, such excess shall
be paid over to the respective mortgagees and owners in
such proportions as the Board of Directors deem fair and
equitable in light of the damage sustained by such
residences. Such payments shall be made to all such
-owners and their mortgagees as their interests may
appear.
Notwithstanding the foregoing provisions of this
Section 14, it is further provided that the requirement
for the maintenance of insurance on a residence shall not
apply to any residence acquired by the Veteran's
Administration or Federal Housing '.administration under a
mortgage foreclosure during the period of ownership by
either of said Veteran's Administration or Federal
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Housing Administration."' 62►ect 141
3. Article X, Section 3 is amended to read as follows:
"Section 3. Amepdme t. The covenants and restrictions ,
of this Declaration shall run with and bind the land, for
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a term of twenty (20) years from the original recording
date of this Declaration, after which time they shall be
automatically extended for successive periods of ten (10)
years. This Declaration may be amended during the first
twenty (20) year period by an instrument signed by the
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owners of not less than ninety percent (901) of the Lots,
and thereinafter by instrument signed by the owners of
not less than seventy-five percent (751) of the Lots.
Any amendment must be recorded. Any amendment to this
Declaration at a time when thirty percent (3O%) or more
of the Lots are owned by the same owner, and any
amendment at any time to Article X, Section 3, shall be
approved by the Town Board of the Town of Ithaca before
becoming effective and before being recorded."
These amendments shall be effective as of the 1st day of
June,
1997.
Unit
Name Signature Witness
30A
Daryl Bem
30B
Russell Davies
30B
Patricia Davies
30C
T. J. Paolanieli
30D
Richard Rideout
30D
Nancy Rideout
30E
Thomas Ormond
30E
Robyn Ormond
30F
Kathleen Rasmussen
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31A
Helen Steh
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319 Mark Keoelman
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31C Linda Van Ness
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The Town Board of the Town of Ithaca approved the foregoing
amendments by resolution of the Town Board duly adopted at a
meeting held June 9, 1991.
Dated: TOWN OF ITHACA
By.
Catnerine va.Lentino, Town supervisor
STATE OF NEW YORK )
SS:
,
COUNTY OF TOMPKINS )
On this th day of , 1997, before me, came
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CATHERINE VALEMNO, to me personally known who, beingby me duly
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sworn, did depose and say that she resides at 110 Eastern Heights
Drive, Ithaca, New York, and that she is the Supervisor of the Town
of Ithaca, who executed the within instrument, and she acknowledged
to me that she executed the same, and that such execution was on
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behalf of the Town of Ithaca and that the Town Board of such Town
duly authorized such execution.
Notary vuoiic
Tomptlm Cby�tj!.,�e
the Day ,
of 0✓ lgcrq_st c:>
o'clock . in Liber ". 4 x
/ and examined.
.a ern.
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