Southtowns Record

SUPPORTING DOCUMENTS 6A-6N

Government
Town of Aurora
Board
Town Board
Meeting
Oct 13, 2026
Kind
Agenda packet
Topics
Budget and taxes, Parks and recreation, Public safety, Water, sewer and drainage, Audits and oversight, Moratoriums, Zoning and land use

Original document

Same meeting

Text · page 3 of 57

This document was a scan. Its text was produced by character recognition and may contain errors; check the original for exact wording.

period agreed to by the County in writing) prior to the commencement of any work involving any
disruption of soils at the site, the Town shall notify the Erie County Department of Parks,
Recreation and Forestry and the Department of Environment and Planning; and

  6.  Proof of Insurance Prior to Commencement of any Work. At least thirty days
(unless a shorter period agreed to by the County in writing) prior to commencement of any work,
on any occasion, at the Park Property, the Town, and any of its contractors or agents entering the
site, shall provide proof of adequate insurance coverage consistent with the insurance certificate
included as Exhibit C hereto in amounts and form deemed adequate to the Erie County Attorney’s
Office; and

  7.  Obtaining Applicable Permits and Approvals. At least thirty days (unless a
shorter period agreed to by the County in writing) prior to the commencement of any work at the
Park Property, the Town shall be responsible for providing to the County a) work plans for
contemplated work, b) proof of obtaining all required approvals from any applicable federal, state,
or local authorities to be provided to the County Department of Environment and Planning. The
Work Plan shall contain the date for completion of the work, the plans for protecting any
excavations with fencing, and the date for completion of site restoration; and

  8.  Cost; Restoration. The Town shall be responsible for one hundred percent (100%)
of all costs and expenses associated with the Work and the performance of its obligations
hereunder. Within 14 days of completion of the Work, or other entry into the Easement Premises,
unless said time period is extended in writing by the County, the Town agrees, at the Town’s sole
costand expense, and with due diligence, to promptly restore the Easement Premises, the Property,
and all improvements located on the Property to good condition and state of repair (and to at least
as good of a condition which existed immediately  prior to the exercise of any of the rights granted
herein), including but not limited to soil stabilization activities such as seeding and/or planting of
vegetation; and  |

  9.  Ownership ofthe Improvements. The Town hereby agrees and acknowledges that
any improvements constructed by the Town (1) are the sole property of the Town; (ii) shall be the
Town’s sole responsibility to operate, maintain, repair, remove, and replace; (iii) shall be under
the Town’s exclusive control and supervision at all times; (iv) shall be used by the Town solely
for the benefit of Cazenovia Creek and Cornwall Road right-of-way; and (v) the County assumes
no ownership or responsibility for the proposed reconstructed new culvert; and

  10.  Notification of Change of Ownership. The Town shall notify the County if the
ownership or maintenance of the site changes; and

  11.  Indemnification. The Town hereby assumes any and all risks associated with the
Work. The Town shall indemnify, defend and hold the County harmless from and against any and
all liabilities, losses, expenses (including reasonable attorneys’ fees), causes of action, damages,
claims, suits, judgments and actions to persons or property arising out of, or alleged to arise out of
(i) the Work; (ii) the exercise of the Town’s rights hereunder; or (iii) the Town’s access or use of
the Park Property for the Easement; and

  12.  Duration; Successors and Assigns. This Agreement shall run with the land and
shall bind and inure to the benefit of the Parties hereto and their respective successors and assigns;
and