[HISTORY: The provisions of this agreement were approved by the Monroe County Legislature 4-22-1975 by Res. No. 192 of 1975 and by the City Council 3-25-1975 by Ord. No. 75-117. This agreement superseded former Ch. 127, Parks - Maintenance By County of Monroe, dated 6-6-1961, effective 7-13-1961, as amended.]
AGREEMENT made this 22nd day of April 1975, between the COUNTY OF MONROE, a municipal corporation with offices in the County Office Building, Rochester, New York, hereinafter referred to as the "county" and THE CITY OF ROCHESTER, a municipal corporation with offices in City Hall, Rochester, New York, hereinafter referred to as the "city."
WHEREAS, it is the intent of the parties hereto that the county maintain and operate certain parks owned by the city, and
WHEREAS, the parties hereto executed an agreement for such purpose dated June 6, 1961, and the parties wish to amend such agreement,
NOW, THEREFORE, in consideration of the conditions, covenants and agreements hereinafter expressed and as authorized by the provisions of the General Municipal Law, it is mutually agreed by and between the parties hereto as follows:
That the following parks (including all real property therein and all personal property necessary for the operation thereof or constituting a part thereof) now owned by the city shall, during the term of this agreement and any extension hereof, be in the custody of and shall be maintained, operated and controlled by the county for public park purposes and in accordance with the terms and conditions, if any, contained in the conveyances of said parks or any parts thereof:
All that portion of Genesee Valley Park east of the Genesee River.
Highland Park, except that portion thereof now used by the city for reservoir and waterworks facilities. The city shall retain the right to enter upon any portion of Highland Park for the purpose of gaining access to said reservoir and waterworks facilities and for the purpose of operating, maintaining, repairing, reconstructing and enlarging said reservoir and waterworks facilities.
Durand Eastman Park.
Ontario Beach Park.
All that portion of Seneca Park north of Ridge Road.
Upper Maplewood Park along the Genesee River at Lake Avenue and Driving Park Avenue, including the Rose Garden.
Lower Falls Park.
Tryon Park area east of Route 47, north, including adjacent city-owned land in the Town of Irondequoit.
Maps showing the areas of real property to be operated and maintained by the county pursuant to this agreement are marked Exhibit A and are on file in the office of the Division of Maps and Survey of the city and are made part of this agreement. The county shall be responsible for the parks enumerated in Subsections F, G and H above, effective July 1, 1975.
That the county, during the term of this agreement or any extension hereof, shall keep and maintain the real and personal property hereby transferred to its custody or any replacements thereof, as well as any additions and improvements thereto, in good condition and repair and shall have the right to make such alterations, additions and other improvements thereto as are consistent with good park and recreation practices.
That the county, for and during the term of this agreement or any extension hereof, shall have the right to promulgate and adopt reasonable rules, regulations, resolutions and laws necessary for the maintenance, operation and supervision of said parks not inconsistent with the terms of this agreement.
That all utilities located within the boundaries of said parks and serving said parks shall be maintained by the county. The city shall maintain all water lines and the Rochester Pure Waters District shall maintain all sewer lines in their respective custody and control serving said parks and located outside of the boundaries of said parks, as well as through main sewer lines and through main water lines in their respective custody and control and located within the boundaries of said parks. The county and the Rochester Pure Waters District shall have the right, under the supervision of the Commissioner of Public Works of the city, to construct and maintain additional water and sewer lines necessary for the operation and maintenance of said parks and shall have the right, subject to the approval of and under the supervision of the Commissioner of Public Works of the city, to connect said additional sewer lines and water lines to existing sewer and water lines. Both the city's Department of Public Works and the Rochester Pure Waters District shall restore any work area to the satisfaction of the Director of Parks. The county shall pay charges of all utilities, including Rochester Pure Waters District charges, directly related to said parks.
The county shall permit the city to widen any existing street or road, which street or road is retained in the custody of said city, but is adjacent to parklands under the custody of the county. Whenever any such street or road is widened, the portion of the park within the boundaries of such street or road as widened shall be excluded from the lands under the custody of the county. Restoration of any affected park area as a result of such widening shall be completed in a timely manner to the satisfaction of the Director of Parks.
That the county shall assume the obligations and have the rights of the city under existing contracts between the city and third parties pertaining to said parks. The county shall have the right to enter into any extension of said contracts and such new or additional contracts with the same third parties or with others for park purposes as it deems necessary or desirable. No such extension or new or additional agreement shall, without the approval of the city, be for a period extending beyond the end of the term of this agreement or any extension hereof.
That the county shall cooperate with the Department of Parks and Recreation of the city in the use of said park recreation facilities.
That the county shall not assign this agreement.
This agreement shall be for a period of 99 years beginning June 6, 1961, and extending through June 5, 2060. During the period of the agreement, the city may have the privilege of consulting with the county relative to the program of capital improvements before such improvements are undertaken.
This agreement shall be subject to review at the end of the 69th year (2030), at which time extension of the agreement may be negotiated.
IN WITNESS WHEREOF, the county has caused this agreement to be executed by its County Manager and the city has caused this agreement to be executed by its City Manager and their corporate seals to be hereunto affixed the day and year first above written.