Town Clerk’s Office Town of Greenburgh
March 13, 2013 A Meeting of the Town Board of the Town of Greenburgh was held in the Meeting Room, Greenburgh Town Hall, 177 Hillside Avenue, Greenburgh, New York 10607, at 7:30 PM, Wednesday, March 13, 2013.
PLEDGE OF ALLEGIANCE
ROLL CALL: Town Clerk Judith Beville
Present: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Absent: Councilman Kevin Morgan Staff Present: Town Attorney Timothy Lewis Town Clerk Judith Beville
MOMENT OF SILENCE In memory of Yvonne Clarice Seal Graves, a longtime Greenburgh resident, wife of Dr. Oscar Graves. Yvonne taught in and retired from the NYC Public School System, and also mentored many outside of the classroom
PRESENTATION
Honor Edgemont Senior, Trey Aslanian, State Wrestling Champion Division 2, 120 pound class weight at the New York State Wrestling Championship
Proclamation honoring Katherine Loomba, Ardsley High School Senior, President of the Silver Lining Club which is dedicated to community service.
SUPERVISOR & TOWN COUNCIL REPORTS/ANNOUNCEMENTS
GOOD NEWS...The Town continues to have the highest possible bond rating from both Standard & Poors (AAA) and Moodys (AAA). Only 3% of communities in nation have this rating Any individual or group interested in a visit from the Town Board should email the Board at [email protected] Police Chief DeCarlo will be addressing action steps the Town is taking to deal with future emergencies. This presentation will be held during the Town Board Meeting, Wednesday, April 24, 2013
TOWN CLERK COMMENTS
PUBLIC COMMENT PUBLIC COMMENT
Ted L’Estrange, representing Shen Yun Promotions International, shared information regarding how traditional Chinese culture was “…heralded as a divine gift.” He stated, “Shen Yun performing arts has recreated this civilization right here in New York.”
Tom Bock commented on resolution AT-1 and asked whether or not it represented the second appraisal or was it to pay for the first appraisal. He asked the Board to “hold over” AT-1, if it is for a second appraisal, until hearing from Tim Lewis, Town Attorney.”
Hal Samis asked for an update regarding the nineteen (19) laptops that were allegedly stolen from the Theodore D. Young Community Center. He raised questions regarding alleged “carcinogens” on the Frank’s Nursery site and the “RFP’s” for the courts.
Ella Preiser questioned the amount of money that the town was proposing for the WaterWheel property, whether or not there was any money involved in the resolution and the status of the appraisals for the Frank’s Nursery site. She also asked about the Woodard and Curran Report.
SUPERVISOR FEINER
Introduction of a Local Law regulating height of residential buildings
Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
AYE: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Other: Councilman Kevin Morgan (ABSENT) Motion Adopted
BOARDS & COMMISSIONS Reappointment of Linda Allen to the Board of Assessment Review for a term to expire September 30, 2017
Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Diana D. Juettner
AYE: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Other: Councilman Kevin Morgan (ABSENT) Motion Adopted
TOWN BOARD – 993-1544
TB 1 - 3/13/13 Resolution authorizing the Town Supervisor and the Town of Greenburgh to execute documents conveying surplus Town-Owned Real Property to Ardsley WaterWheel Partners, LLC for the Development of Affordable Housing for the properties designated on the Tax Assessment Map of the Town of Greenburgh as Section 6.20, Block 3, Lots 7, 8, 9 and 10; commonly known as the WaterWheel property located in the Village of Ardsley
Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
AYE: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Other: Councilman Kevin Morgan (ABSENT) Motion Adopted
TB 2 - 3/13/13 Resolution authorizing the Town Supervisor to enter into an Inter-Municipal Agreement with the Village of Ardsley for the construction and maintenance of a sewer main connection to an existing sewer line located in the Village regarding the Chauncey Estates subdivision (HELD OVER TO NEXT TOWN BOARD MEETING)
ATTORNEY – 993-1547
AT 1 - 3/13/13 Resolution authorizing Valuation Plus, Inc. to perform real estate appraisal services for town-owned property located at 715 Dobbs Ferry Road, at a cost not to exceed $3,000
Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
AYE: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Other: Councilman Kevin Morgan (ABSENT) Motion Adopted
AT 2 - 3/13/13 Resolution authorizing Valuation Plus, Inc. be retained as real estate appraiser for various properties, at a total cost not to exceed $4,300
Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Diana D. Juettner
AYE: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Other: Councilman Kevin Morgan (ABSENT) Motion Adopted
AT 3 - 3/13/13 Authorizing the retention of Morris, Duffy, Alonso & Faley LLP, as Outside Trial Counsel in the Matter of Alesia Blackwell v. Town of Greenburgh, et al, for an amount not to exceed $25,000
Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
AYE: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Other: Councilman Kevin Morgan (ABSENT) Motion Adopted
AT 4 - 3/13/13 Resolution authorizing settlement of property damage & car rental expense related claim, File No.: 339/12c, by Sara Hoffman for a combined amount not to exceed $1,806.23
Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Diana D. Juettner
AYE: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Other: Councilman Kevin Morgan (ABSENT) Motion Adopted
AT 5 - 3/13/13 Resolution authorizing the settlement of a dispute with Tyco Intergrated Security, FDBA ADT Security Services Inc., regarding termination of Security Alarm Services to the Theodore D. Young Community Center, for an amount not to exceed $665
Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Diana D. Juettner
AYE: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Other: Councilman Kevin Morgan (ABSENT) Motion Adopted
AT 6 - 3/13/13 Resolution authorizing tax certiorari settlement with petitioner Granite Properties, LLC for property located at 388 Tarrytown Road. The Town’s share of the refund is $31,250±; the Greenburgh Central School District No. 7’s share is $78,860±; the County’s share is $20,344±; the Bronx Valley Sewer District’s share is $2,929±; Fairview Fire District’s share is $23,732±; the Consolidated Sewer Mtc. District’s share is $691±. Refunds from all sources total $157,806±
Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
AYE: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Other: Councilman Kevin Morgan (ABSENT) Motion Adopted
AT 7 - 3/13/13 Resolution authorizing tax certiorari settlement with petitioner Roger Bradley Realty Assoc. LLC for property located at 350 Tarrytown Road. The Town’s share of the refund is $27,007±; the Greenburgh Central School District No. 7’s share is $68,071±; the County’s share is $17,639±; the Bronx Valley Sewer District’s share is $2,535±; Fairview Fire District’s share is $20,553±; the Consolidated Sewer Mtc. District’s share is $595±. Refunds from all sources total $136,400±
Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Diana D. Juettner
AYE: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Other: Councilman Kevin Morgan (ABSENT) Motion Adopted
AT 8 - 3/13/13 Resolution authorizing tax certiorari settlement with petitioner Roger Bradley Realty Assoc. LLC for property located at 360 Tarrytown Road. The Town’s share of the refund is $22,859±; the Greenburgh Central School District No. 7’s share is $57,634±; the County’s share is $14,915±; the Bronx Valley Sewer District’s share is $2,145±; Fairview Fire District’s share is $17,385±; the Consolidated Sewer Mtc. District’s share is $504±. Refunds from all sources total $115,442±
Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Diana D. Juettner
AYE: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Other: Councilman Kevin Morgan (ABSENT) Motion Adopted
CLERK – 993-1500
CL 1 - 3/13/13 Resolution setting a Public Hearing for Wednesday, March 27, 2013, at 7:30 PM, to consider a Local Law regulating residential building height
Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
AYE: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Other: Councilman Kevin Morgan (ABSENT) Motion Adopted
COMPTROLLER – 993-1528
CO 1 - 3/13/13 Resolution authorizing Capital Budget Amendments for Fiscal Years 2008 and 2010
Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Diana D. Juettner
AYE: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Other: Councilman Kevin Morgan (ABSENT) Motion Adopted
CO 2 - 3/13/13 Resolution authorizing a budget amendment to the Town Outside Village Fund for fiscal year 2013 to increase the estimated revenue for Young Achievers-Lanza donation and increase appropriation for Program Activities-Youth Development
Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
AYE: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Other: Councilman Kevin Morgan (ABSENT) Motion Adopted
CO 3 - 3/13/13 CO 3 - 3/13/13 Resolution authorizing a budget amendment to the Town Entire fund for fiscal year 2013 to increase estimated revenue for program activites and increase appropriation for municipal association dues from the Regeneron donation
Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
AYE: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Other: Councilman Kevin Morgan (ABSENT) Motion Adopted
PARKS & RECREATION – 693-8985
PR 1 - 3/13/13 Resolution authorizing the Town of Greenburgh's Department of Parks and Recreation to accept a $2,000 donation from the Metropolis Country Club Foundation represented by Natalie Robinson, to be used for financial assistance for summer camps
Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Diana D. Juettner
AYE: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Other: Councilman Kevin Morgan (ABSENT) Motion Adopted
PUBLIC WORKS - 993-1573
PW 1 - 3/13/13 Resolution awarding the contract for the Floor Replacement in the Multi-Purpose Room at the Theodore D. Young Community Center to Gugliotti Associates, Inc., the lowest bidder, in the amount not to exceed $88,800
Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
AYE: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Other: Councilman Kevin Morgan (ABSENT) Motion Adopted
PW 2 - 3/13/13 Resolution authorizing execution of a cleaning service contract with Westchester ARC to clean 177 Hillside Avenue/Town Hall and 30 Manhattan Avenue/Lois Bronz Children's Center during the period January 1, 2013 through December 31, 2013, at an annual cost not to exceed $64,701.03 (To be held over to March 27, 2013 meeting)
Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
AYE: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Other: Councilman Kevin Morgan (ABSENT) Motion Adopted
THEODORE D. YOUNG COMMUNITY CENTER – 989-3600
TY 1 - 3/13/13 Resolution authorizing personnel from the Department of Community Resources Theodore D. Young Community Center to travel to various colleges and universities in Mid-Atlantic states from March 24 - March 29, 2013
Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
AYE: Supervisor Paul J. Feiner Councilwoman Diana D. Juettner Councilman Francis Sheehan Councilman Ken Jones Other: Councilman Kevin Morgan (ABSENT) Motion Adopted
There being no further business to come before the Board, on motion, meeting adjourned at 8:33 P.M.
______
Judith A. Beville, Town Clerk
After adjourning the Town Board Meeting, Councilman Ken Jones moved to go into Executive Session (Litigation - Fortress Bible), seconded by Supervisor Feiner, all present voting aye, motion adopted.
At 9:45 P.M., Supervisor Feiner moved to adjourn Executive Session, seconded by Councilman Jones, all present voting aye, motion adopted.
Town Board- Regular Meeting Date: 03/13/2013
Text/Header: Introduction of a Local Law regulating height of residential buildings
Town Board Town Board- Regular Meeting Date: 03/13/2013
Text/Header: TB 1 - 3/13/13 Resolution authorizing the Town Supervisor and the Town of Greenburgh to execute documents conveying surplus Town-Owned Real Property to Ardsley WaterWheel Partners, LLC for the Development of Affordable Housing for the properties designated on the Tax Assessment Map of the Town of Greenburgh as Section 6.20, Block 3, Lots 7, 8, 9 and 10; commonly known as the WaterWheel property located in the Village of Ardsley
Attachments TB 2013 0313 TB-1 reso Waterwheel- Auth Signing of Documents R 0312 TB 2013 0313 TB-1 data Waterwheel- Purchase Agreement R 0305 TOG CLEAN TB 2013 0313 TB-1 data Waterwheel- Sale Agreement R 0305 TOG CLEAN TB 2013 0313 TB-1 data Waterwheel- Declaration of Restrictive Covenants R 0305 TOG CLEAN TB-1 – 03/13/13
RESOLUTION AUTHORIZING THE TOWN SUPERVISOR OF THE TOWN OF GREENBURGH TO EXECUTE DOCUMENTS CONVEYING SURPLUS TOWN-OWNED REAL PROPERTY TO ARDSLEY WATERWHEEL PARTNERS, LLC FOR THE DEVELOPMENT OF AFFORDABLE HOUSING FOR THE PROPERTIES DESIGNATED ON THE TAX ASSESSMENT MAP OF THE TOWN OF GREENBURGH AS SECTION 6.20, BLOCK 3, LOTS 7, 8, 9 AND 10; COMMONLY KNOWN AS THE WATERWHEEL PROPERTY LOCATED IN THE VILLAGE OF ARDSLEY
WHEREAS, the Town Board of the Town of Greenburgh recognizes the importance of providing opportunities for adequate and affordable housing for residents, volunteer emergency personnel and employees; and WHEREAS, on October 30, 2008, the Greenburgh Affordable Housing Committee reviewed three presentations from developers that were submitted in response to the “Development Opportunity For A Mixed Affordable Housing and Market Rate Multifamily Development” request for proposal related to the property commonly known as the Waterwheel Property (the “Property); and WHEREAS, on November 18, 2008, after careful deliberation of the three presentations, the Greenburgh Affordable Housing Committee recommended that the Town of Greenburgh enter into negotiations for the sale of the Property with the development group formed by Ariston Properties, Developer: Conrad Roncati, Community Housing Innovations, Affordable Housing Partner: Alexander Roberts and Architectura, Inc. – Architect (“Developers”), now known as “Ardsley Waterwheel Partners, LLC”; and WHEREAS, the Developers proposed a “green” design development that would be flexible and able to be adapted with further input from the community; and WHEREAS, the Developers were required to construct at the Property a multi-family development having twenty two (22) Units, seventeen (17) of which shall be Affordable Housing units and five (5) of which shall be Workforce Housing units, and related infrastructure and amenities; and WHEREAS, the Developers agreed to a Town of Greenburgh requirement to have restrictive covenants going with the land that will insure the affordability of the units for ninety-nine (99) years; and WHEREAS, on July 14, 2010 the Town Board of the Town of Greenburgh adopted a resolution authorizing the Town Supervisor to convey the surplus Town-owned “Waterwheel” Property to Ardsley Waterwheel Partners, LLC for the development of Affordable Housing recognizing the importance of providing opportunities for adequate and affordable housing for residents, volunteer emergency personnel and employees; and WHEREAS, there now exists a contract of sale between the Town of Greenburgh and the Developer for the conveyance of the Property entered into on or about July 14, 2010, pursuant to which the Developer tendered to the Town a down payment in the amount of $150,000.00; and WHEREAS, the 2010 Contract of Sale was subject to a right of first refusal to the County to purchase the Property and the Westchester County Board of Legislators authorized the County to exercise its right of first refusal to purchase the Property; and WHEREAS, the Town of Greenburgh has agreed to sell the Property to the County pursuant to a certain Purchase Agreement (the “Purchase Agreement”) and the County has agreed to sell the Property to the Developer pursuant to a certain Sale Agreement (the “Sale Agreement”), subject to a Declaration of Restrictive Covenants; and WHEREAS, termination of the 2010 Contract of Sale shall occur upon transfer of title of the Property from the Town to the Developer, via the County, pursuant to the Purchase Agreement and the Sales Agreement; NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Greenburgh hereby authorizes the Town Supervisor of the Town of Greenburgh to execute the attached Purchase Agreement and Declaration of Restrictive Covenants, as well as the Deed, which together with the attached Sales Agreement conveys surplus Town-owned property known as the “Waterwheel” to the County of Westchester and then to Ardsley Waterwheel Partners, LLC for the development of Affordable Housing, in exchange for One Million Two Hundred Ten Thousand Dollars and No Cents ($1,210,000.00).
R 03/12/2013 FAH C-FAH-12-15 PURCHASE AGREEMENT
THIS AGREEMENT dated the __th day of ______2013, by and among
THE TOWN OF GREENBURGH, a municipal corporation of the State of New York, having an office and place of business at 177 Hillside Avenue, Greenburgh, New York ,10607 (the “Seller”);
and
THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business at the Michaelian Office Building, l48 Martine Avenue, White Plains, New York, l060l (the “County”);
and
ARDSLEY WATERWHEEL PARTNERS, LLC, a New York limited liability company, having an office at 935 River Road, Suite 100, Edgewater, New Jersey 07020 (the “Developer”).
WITNESSETH:
WHEREAS, the Seller is the fee title owner of the Property (defined below); and
WHEREAS, the Seller wishes to sell the Property as more particularly set forth herein; and
WHEREAS, there exists a contract of sale between the Seller and the Developer for the conveyance of the Property entered into on or about July 14, 2010 (the “2010 Contract of Sale”), pursuant to which the Developer tendered to the Town a downpayment in the amount of $150,000.00 (the “Downpayment”); and
WHEREAS, the 2010 Contract of Sale was subject to a right of first refusal to the County to purchase the Property; and WHEREAS, the Westchester County Board of Legislators authorized the County exercise its right of first refusal to purchase the Property, pursuant to the provisions of Act No. 91-2012, and to acquire fee title to the Property described more particularly herein by purchase, pursuant to the provisions of Act No. 149-2012 (Copies of Acts No. 91-2012 and 149-2012 are attached hereto as Schedules “E” and “F”, respectively); and
WHEREAS, the Seller and the Developer have duly acknowledged the County’s right of first refusal to purchase the Property and have mutually agreed to void the existing 2010 Contract of Sale; and
WHEREAS, the County has agreed to sell the Property to the Developer pursuant to a certain Sale Agreement (the “Sale Agreement”) made between the County and Developer and dated the same date as this Agreement; and
WHEREAS, the closing under the Sale Agreement and the Closing (as hereinafter defined) under this Agreement are intended to occur simultaneously; and
NOW, THEREFORE, the parties hereto in consideration of the terms and conditions herein contained do agree as follows:
1. Sale. (a) The Seller agrees to sell and convey to the County fee title to approximately 2.06 acres of real property located at 867 Saw Mill River Road in the Village of Ardsley, New York, 10502, as more particularly described in the Greenburgh Tax Assessment Maps as Section: 6.2, Block: 3, Lot 7, 8, 9 & 10, which real property is more particularly described in Schedule “A” annexed hereto and made a part hereof the (“Property”). This sale includes all of Seller's ownership and rights, if any, in any land lying in the bed of any street or highway, opened or proposed, in front of or adjoining the Property to the center line thereof, and all right, title and interest of the Seller in and to any award made or to be made in lieu thereof and in and to any unpaid award for damage, to said Property by reason of change of grade of any street; and the Seller will execute and deliver to the Purchaser, on closing of title, or thereafter on demand,
2 all proper instruments for the conveyance of such title and the assignment and collection of any such award.
2. Purchase Terms. (a) Upon delivery of the Quitclaim Deed (the “Deed”) to the County, which conveys fee simple title of the Property to the County pursuant to this Agreement, the Seller shall be paid ONE MILLION TWO HUNDRED TEN THOUSAND ($1,210,000.00) DOLLARS (the “Purchase Price”) with funds contributed by the parties as follows: The County shall pay the Town $935,000 and the Developer or its designee shall pay the Town an aggregate amount of $275,000 against which the aforementioned $150,000 Downpayment shall be credited, so that the Developer shall pay only an additional $125,000 at the closing of title (the “Closing”) pursuant to the Seller’s instructions set forth in Schedule “C” hereto. The Closing shall settle all obligations of the Seller and the County to each other under this Agreement, including the payment of the Purchase Price and the delivery of the above-referenced Deed, in proper statutory form for recording, duly executed and acknowledged, so as to convey to the County fee simple title to the Property, free of all encumbrances, except as otherwise stated herein. The Deed shall contain a covenant by the Seller as required by Section 13(5) of the Lien Law.
3. The Closing. The Closing shall take place at such time as shall be mutually acceptable to the parties herein. The following charges, if any, are to be apportioned as of midnight of the day before the day of Closing: taxes, assessments, water charges and sewer rents on the basis of the fiscal period for which assessed, fuel and vault charges.
4. Conditions. The Property is transferred subject to (a) the laws and governmental regulations that affect the use and maintenance of the Property,; (b) consents for the erection of any structures on, under, or above any streets on which the Property abuts; (c) encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway, provided same do not prohibit the use of the Property for affordable housing; (d) any state of facts shown pursuant to an ALTA survey of the Property, provided same does not render title unmarketable; (e) any covenants or restrictions of record, provided that they do not render title unmarketable and do not limit the County's use of the Property for its intended purpose as affordable housing;
3 (f) zoning regulations, ordinances, building restrictions and regulations of the city, town or village in which the Property is located, affecting the Property on the date of the Closing set forth herein, provided the same do not prohibit the County's use of the Property for affordable housing.
5. Title. Title to the Property shall be such title as a title company authorized to do business in the State of New York shall be willing to approve and insure in accordance with their standard form of title policy, subject only to the matters provided for in this Agreement.
6. Broker. The Seller, Developer and the County mutually represent and warrant to each other that no broker is associated with the transfer of the Property and that each party will defend, indemnify and hold harmless the other from and against any and all claims for brokerage fees or other commissions which may, at any time, be asserted against that party by any identified or unidentified person, firm, entity, and/or organization, together with any and all losses, damages, costs, expenses (including, without limitation, reasonable attorney's fees and disbursements) relating to such claims or arising therefrom or incurred by the other party.
The provisions of this Section “6” shall survive the Closing.
7. Taxes & Fees. All outstanding real property taxes and assessments, if any, on the Property, shall be paid by the Developer at Closing, subject to the provisions of Section “3” hereof. All documentary taxes, real property transfer taxes, or gains taxes, if any, arising out of the conveyance of the Property shall be paid by the Developer on or before the date of the Closing. If the Developer fails to file the necessary documentation pursuant thereto, or fails to timely pay any transfer gains tax assessed, of which the Seller and Developer have received notice prior to the Closing, the County shall have the option to delay the Closing until the resolution of such tax issues to the satisfaction of the County.
At Closing, certified or official bank checks payable to the order of the appropriate State, City or County officer in the amount of any applicable transfer and/or recording tax, if any, payable by reason of the delivery or recording of the deed or mortgage, if any, shall be delivered
4 by the Developer together with any required tax returns duly executed and sworn to, and such party shall cause any such checks and returns to be delivered to the appropriate officer promptly after Closing. The obligation to pay any additional tax or deficiency and any interest or penalties thereon shall survive Closing.
8. Mortgages, etc. The Seller shall ensure that the Property is conveyed to the County free of any and all mortgages, liens, encumbrances, etc. The Seller shall indemnify and hold harmless the County for any liability realized by the County regarding the payment, non- payment, defense of claim, or legal action regarding any such existing mortgages, liens, encumbrances, etc.
The provisions of this Section “8” shall survive the Closing.
9. Violations. The Seller shall comply with notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by any governmental department having authority as to lands, buildings, fire and health conditions affecting the Property at the date hereof. The Property shall be transferred free of all violations at Closing. The County shall not be obligated to make any independent inquiry and is relying on the Seller’s representations, however, in the event the County elects to make such searches, the Seller shall furnish the County with any authorizations necessary to make the searches that could disclose these matters and shall promptly advise the County of any violations that are received between the signing of this Agreement and the Closing.
10. Condition of the Property. The County has inspected the Property and agrees to take the Property “AS IS,” with no warranties, express or implied, and in their present condition, except as otherwise set forth in this Agreement, subject to reasonable use, wear, tear and natural deterioration between the date of this Agreement and the Closing.
11. Title Report. (a) An examination of title in respect of the Property from a title company licensed or authorized to issue title insurance by the New York State Insurance
5 Department or any agent for such title company shall be obtained by the Developer and provided to the County. Good and marketable title shall be conveyed to the County at Closing.
(b)(i) If, at the date of Closing, the Seller is unable to transfer title to the County in accordance with this Agreement, or the County has other valid grounds for refusing to close, whether by reason of liens, encumbrances or other objections to title or otherwise (collectively, “Defects”), other than those for which the County is obligated to accept title hereunder or which the County may have waived, in writing, and other than those for which the Seller provides such funds and/or instruments required by the County to effect removal or discharge of such Defects at the Closing, provided the County agrees to omit exception for such Defects, and if the County shall be unwilling to waive the same and to close title then, except as hereinafter set forth, the Seller shall have the right to take such action as the Seller may deem advisable to remove, remedy, discharge or comply with such Defects, or either party shall be entitled to cancel this Agreement and thereafter the parties shall have no further liability to each other;
(b)(ii) If the Seller elects to take action to remove, remedy or comply with such Defects, the Seller shall be entitled, upon reasonable notice to the County, to adjourn the date for Closing hereunder for a reasonable period of time. If, for any reason whatsoever, the Seller shall not have succeeded in removing, remedying or complying with such Defects at the expiration of such adjournment, and if the County shall still be unwilling to waive the same and to close title, then either party may cancel this Agreement by written notice to the other given within ten (10) days after such adjourned date;
(b)(iii) Notwithstanding the foregoing, any existing mortgage, and any matter or obligation with respect to the Property created by the Seller after the date hereof, shall be released, discharged or otherwise cured by the Seller on or before the date of Closing.
12. Representations and Warranties of the Seller and Developer. The Seller and Developer represent and warrant to the County as follows:
6 (a) The Seller is the sole owner of the Property, and no consent by any person or entity other than the Seller is required to be obtained by the Seller in connection with the transfer of the Property by the Seller to the County; and
(b) The Seller and Developer have the power, authority and legal right to execute and perform this transaction and execute this Agreement; and/or the deed and any other documents required to be delivered by the Seller and/or Developer when so delivered and when executed by the Seller and/or Developer, will constitute the legal, valid and binding obligations of the Seller and Developer enforceable against the Seller and/or Developer in accordance with their respective terms; and
(c) The Seller and Developer have no present knowledge of:
(i) any suit, action, arbitration, or legal, administrative or other proceeding pending or threatened against the Property or any portion thereof or pending or threatened against the Seller which could affect the Seller's title to the Property or any portion thereof; or
(ii) any notice of an intended public improvement or private right which will result in the creation of any lien upon the Property, or any portion thereof, including without limitation, any which are inconsistent with the intended development and use of the Property as fair and affordable housing; or
(iii) any violations of law, ordinance, rule or regulation which would affect the Property or any portion thereof; or
(iv) any permits, approvals, decrees, judgments, orders or other mandatory instruments which relate to the future use of the Property, other than those which have been obtained by Seller or require any change in the present condition of the Property; or
7 (v) any mechanics’ liens filed against the Property or any portion thereof as a result of actions taken solely by the Seller; or
(vi) presence of disposal on or under the Property of any “Hazardous Waste,” as defined in Section “14” below; or
(vii) any acts or omissions of the Seller or third parties which would prevent the Property from being in substantial compliance with all federal, state and municipal laws, orders, rules, regulations and requirements relating to the control and abatement of environmental pollution and environmental hazards; and
(e) There are no leases, licenses, options, rights of first refusal or other rights of occupancy or agreements of any kind or nature whatsoever, which have been executed or verbally made by the Seller, other than the 2010 Contract of Sale and the right of first refusal owned by the County whereby the Property has been so encumbered in effect with respect to the Property. In the event that any such rights are now in existence, at Closing, the Seller shall deliver the Property to the County free of any rights of use or tenancies, occupancies or other possessory interests of any kind; and
(f) The Seller has not granted any right or other option to purchase the Property or any part thereof other than the 2010 Contract of Sale, the right of first refusal in favor of the County, and pursuant to the terms hereof; and
(g) The Seller has not entered into any agreements for the service, maintenance, management, or protection of the Property; and
(h) To the best of the Seller’s knowledge, the Property is in compliance with, and the Seller has received no notice of a violation by the Property or any part thereof, of applicable laws, ordinances, codes and regulations including those governing building, zoning, fire prevention, health and safety; and
8 (i) The Seller is not a “foreign person” as that term is defined for purposes of the Foreign Investment in Real Property Act (“FIRPTA”) (see Reg. Sec. 1.897 of the Internal Revenue Code of 1954, as amended); and
(j) The Property consists of a legal parcel or legal parcels; and
(k) The Property has access to a public road both legally and physically; and
(l) The Seller and Developer have not employed or retained any person, other than a bona fide full time salaried employee working fully for the Seller and/or Developer to solicit or secure this Agreement, and that it has not paid or agreed to pay any person (other than counsel) any fee, commission, percentage, gift or other consideration, contingent upon or resulting from the award or making of this Agreement. Upon a breach or violation of this representation, without limiting any other rights or remedies to which the County may be entitled or any civil or criminal penalty to which any violator may be liable, the County shall have the right, in its discretion, to terminate this Agreement without liability, and to deduct from the contract price, or otherwise to recover, the full amount of such fee, commission, percentage, gift or consideration.
The Seller and Developer acknowledge and agree that each of the foregoing representations and warranties shall be deemed to be material and shall be relied upon by the County. The Seller and/or Developer shall immediately notify the County if any of the foregoing representations and warranties cease to be true prior to Closing. If any of the foregoing representations and warranties cease to be true at any time prior to Closing, or if the Seller or Developer should enter into any agreements affecting the Property and which will survive Closing, the County may, at the County’s election, cancel this Agreement by written notice to the Parties and Seller shall refund all money paid on account of this Agreement. The Seller's and Developer’s representations regarding all notices required to be given under this Section “12” shall survive the Closing for a period of sixty (60) days.
The Seller covenants that, from and after the date hereof until Closing, the Seller will not:
9 i) make any leases, contracts, options or agreements whatsoever affecting the Property and which will survive the Closing; ii) cause or knowingly consent to any lien, encumbrance, mortgage, deed or trust, right, restriction or easement to be placed upon or created with respect to the Property and which will survive the Closing; and/or
iii) cause or permit any default beyond the applicable cure period under any mortgage or deed of trust covering the Property.
Further, the Seller and Developer agree to defend, indemnify and hold harmless the County from and against all liabilities, obligations, damages, penalties, claims, costs and expenses, including, without limitation, reasonable attorney's fees and disbursements, which may be imposed upon or incurred by the County by reason of the breach by the Seller and/or Developer of any warranty, representation or covenant under this Agreement. This Agreement to indemnify shall survive the Closing.
13. Environmental Representations & Indemnification. The Seller and Developer represent and warrant to the County as follows:
(a) Except as described in that certain Phase I Report dated July 30, 2010, and Phase II Report dated January 3, 2013, both prepared by Petro Science, Inc. (collectively, the “Environmental Report”), the Seller and Developer have no knowledge of nor have they received any notice of any condition at, on under or related to the Property (or ground or surface waters associated therewith) or migrating or threatening to migrate to or from the Property which may have a material effect on the value of the Property or subject the owner thereof to potential liabilities in accordance with the Environmental Requirements as defined in subsection (c) of this Section “13”; and
(b) Except as disclosed in the Environmental Report, the Seller and Developer have no present knowledge nor have they received any notice of any condition at, on, under or related to the Property (or ground or surface waters associated therewith) or migrating or threatening to
10 migrate to or from the Property presently or potentially posing a significant hazard to human health or the environment; such conditions being defined as “Hazardous Materials” in subsection (c) of this Section “13”; and
(c) Definitions. For the purposes of this Agreement and this Section “13”, the following definitions shall apply:
(1.) “Hazardous Materials” or “Hazardous Waste” shall mean any substance:
(i) the presence of which requires investigation or remediation under any federal, state, or local statute, regulation, ordinance, order, action, policy or common law; or
(ii) which is defined as a hazardous waste, hazardous substance, pollutant or contaminant under any federal, state or local statute, regulation, rule, or ordinance or amendments thereto including, without limitation, the United States Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 USC §9601 (14) 42 USC §9602 and any “hazardous waste” as defined in or listed under the United States Solid Waste Disposal Act, as amended, 42 USC §6901(5), 42 USC §6921; or
(iii) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous, and is regulated by any governmental authority, agency, department, commission, board or instrumentality of the United States, the State of New York or any political subdivision thereof; or
(iv) the presence of which, on the Property, causes or threatens to cause a nuisance on the Property or to nearby properties, or poses or threatens to pose a hazard to the health and safety of persons on about or nearby the Property; or
11 (v) the presence of which on nearby properties would constitute a trespass by the owner of the Property; or
(vi) without limitation which contains gasoline, diesel fuel, or other petroleum hydrocarbons; or
(vii) without limitation which contains polychlorinated bipheynols (PCBs), asbestos, or urea formaldehyde foam insulation.
(2.) “Environmental Requirements” shall mean all applicable present statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all government agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, the State of New York and the political subdivisions thereof; and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment.
(d) Although not a prior titleholder to the County, the Developer hereby acknowledges and agrees that it shall defend and indemnify the County for any “Environmental Damages” arising out of or in any way connected with the Property. “Environmental Damages” shall mean all claims, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs and expenses of investigation and defense of any, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorneys’ fees and disbursements and consultants’ fees, any of which are incurred as the result of the existence of “Hazardous Material” or “Hazardous Waste” at, on, under or related to the Property (or ground or surface water associated therewith) or migrating or threatening to migrate to or from the Property, or the existence of a violation of “Environmental Requirements” pertaining to the Property, regardless of whether the existence of such “Hazardous Materials” or “Hazardous Waste” or the violation of “Environmental Requirements” arose prior to the Seller's present ownership of the Property, including without limitation:
12 (i) damages for personal injury, or injury to property or natural resources occurring upon or off the Property, foreseeable or unforeseeable, including without limitation, lost profits, consequential damages, the cost of demolition or rebuilding of any improvements of real property, interest and penalties;
(ii) fees incurred for the service of attorneys, consultants, contractors or experts, laboratories and all other costs incurred in connection with the investigation or remediation of such “Hazardous Materials” or “Hazardous Waste” or violation of “Environmental Requirements” including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or reasonably necessary to make the full use of the Property or any other property or otherwise expended in connection with such conditions; and
(iii) liability to any third person or governmental agency to indemnify such person or agency for the costs expended in connection with the items referenced in subsection (ii) herein.; and
(iv) diminution in the value of the Property and damages for loss of business and restriction on the use of the Property or any part thereof.
All of the provisions of this Section “13” shall survive Closing.
14. Inability to Convey. If the Seller is unable to transfer title to the County in accordance with this Agreement, and the Seller has not willfully breached this Agreement, then the Seller's sole liability shall be to refund all money paid on account of this Agreement, plus all charges made for title examination. Upon such refund and payment, this Agreement shall be considered canceled and neither the Seller nor the County shall have any further rights against the other in connection with this transaction.
13 15. Amendments. This Agreement may not be released, canceled, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties.
16. Right To Inspect. The County, its officers, its employees and its agents shall have the right to enter upon the Property for the purpose of making such inspections, investigations and surveys as the County deems appropriate prior to the Closing (including, without limitation, performing environmental assessments of the soils, water and improvements on the Property), at reasonable times upon reasonable notice, with a minimum of interference to the Seller. To the extent such inspection requires a review of relevant records of the Seller, the Seller shall provide the County and its consultants access to all records concerning the condition of the Property during normal business hours. Notwithstanding the foregoing, the County is not obligated to conduct such an inspection, but rather may rely upon Seller's and Developer’s Environmental Representations in Section “13” hereto.
Should the County determine, in it sole discretion based on such inspection or investigation of the Property, that the environmental conditions on the Property are unacceptable to the County, the County shall so notify the Seller, and the Seller may elect to remove any such unacceptable conditions prior to the Closing. If the Seller elects to take action to remove, remedy or comply with such conditions, the Seller shall be entitled, upon reasonable notice to the County, to adjourn the date for Closing hereunder for a reasonable period of time. If, for any reason whatsoever, the Seller shall not have succeeded in removing, remedying or complying with such Defects at the expiration of such adjournment, and if the County shall still be unwilling to waive the same and to close title, then either party may cancel this Agreement by written notice to the other given within ten (10) days after such adjourned date, and thereafter the parties shall have no further liability to each other.
The County shall indemnify the Seller for any damages caused by the negligence of the County, its agents, employees or third-parties under their direction and control while on the Property pursuant to the rights granted under this Section.
14 17. Risk of Loss. All risk of loss shall remain with the Seller until Closing. In the event the Property is destroyed or damaged and cannot be repaired prior to Closing, the County shall have the right at its option to terminate this Agreement by written notice to the Seller, subject to the provisions of Section “15” hereto.
18. Conditions Precedent. The obligations of the Seller, Developer and the County under this Agreement are subject to the condition that at or before the Closing all terms, covenants and conditions of this Agreement to be complied with and performed by the County, Developer or the Seller, respectively, on or before the date of Closing, have been duly complied with and performed or waived in writing by the County.
19. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and which shall, together, constitute one and the same Agreement.
20. Severability. Each provision of this Agreement is severable from any and all other provisions of this Agreement. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid or void or unenforceable, the remainder of the terms and provisions of this Agreement will in no way be affected, impaired, or invalidated, and to the extent permitted by applicable law, any such term, or provision will be restricted in applicability or reformed to the minimum extent required for such to be enforceable. This provision will be interpreted and enforced to give effect to the original written intent of the parties prior to determination of such invalidity or unenforceability.
21. No Agency. Nothing herein contained shall be construed as creating a co- partnership between the County and the Seller or to constitute the Seller as agent of the County and the County as agent of the Seller. The County and the Seller each expressly disclaim the existence of such a relationship between them.
15 22. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of New York. In addition, the parties hereby agree that any cause of action arising out of this Agreement shall be brought in the County of Westchester. This Section shall survive the Closing or other cancellation or termination of this Agreement and in such event shall be solely applicable to the other surviving Sections.
23. Assignability. This Agreement or any rights hereunder may not be assigned by either party without the prior written consent of the other party. Any such purported assignment is void.
24. Captions. The captions are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Agreement nor the intent of any provision thereof.
25. Remedies upon Default. In the event the Seller defaults in the performance of any of the Seller's obligations under this Agreement, the County shall, in addition to any and all other remedies provided in this Agreement or at law or in equity, have the right of specific performance against the Seller.
26. Condemnation. In the event of the taking of all or any part of the Property by eminent domain proceedings, or the commencement of such proceedings prior to Closing, either party shall have the right, at its option, to terminate this Agreement by written notice to the other.
27. Notices. All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certified mail postage pre-paid, or sent by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by overnight courier), to the respective addresses set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt.
To the County:
16 Commissioner of Planning Michaelian Office Building 148 Martine Avenue White Plains, New York 10601 with a copy to:
County Attorney Michaelian Office Building, Room 600 148 Martine Avenue White Plains, New York 10601
To the Seller:
Supervisor Town of Greenburgh 177 Hillside Avenue Greenburgh, NY 10607
With a copy to:
Town Attorney Tiwn of Greenburgh 177 Hillside Avenue Greenburgh, NY 10607
To the Developer:
Ardsley Waterwheel Partners, LLC 935 River Road, Suite 100 Edgewater, New Jersey 07020
With a copy to:
DelBello Donnellan Weingarten Wise & Wiederkehr, LLP One North Lexington Avenue White Plains, New York 10601
Whenever notice is provided to be given under the terms of this Agreement, the attorneys for the parties hereto are hereby authorized, on behalf of their respective clients, to serve such notice.. Any such notice shall be in writing and duly signed by such attorneys.
17 29. Binding on Successors. This Agreement shall be binding not only upon the parties but also upon their assigns and other successors in interest.
30. Additional Documents. The Seller and the County agree to execute such additional documents as may be reasonable and necessary to carry out the provisions of this Agreement.
31. Termination of 2010 Contract of Sale. The Seller, County and the Developer agree that the 2010 Contract of Sale is terminated effective as of the transfer of title to the Property (Closing) pursuant to this Purchase Agreement and the Sale Agreement between the County and the Developer . Notwithstanding anything to the contrary in this Agreement, the parties agree that: (i) this Agreement and the County’s acquisition of the Property are subject to the Sale Agreement; (ii) from and after the conveyance of the Property to the Developer pursuant to the Sale Agreement, the Developer shall (a) assume any and all obligations of the Seller under Section “13” of this Agreement which are expressly provided to survive the Closing, including, without limitation, the obligations to indemnify and defend the County, and (b) defend and indemnify the Town and County for any Environmental Damages arising out of or in any way connected with the Property. Notwithstanding any provision of this Agreement to the contrary, it is understood and agreed that this Agreement confers no further rights, nor imposes any further obligations, to the Seller or the Developer, with respect to the termination of this Agreement, or upon the default of the Seller, the County or the Developer, than those specifically conferred or imposed pursuant to paragraphs 14, 18, 19 and 20 of the 2010 Contract of Sale, it being the intention of the parties hereto to incorporate said paragraphs by reference herein. In addition, Paragraph 15 of the 2010 Contract of Sale, to the extent that it is not inconsistent with the provisions of the Declaration (Defined Below), is also incorporated by reference herein. This paragraph “31” shall survive Closing and the delivery of the Deed to the County.
32. Entire Agreement; Modification. This Agreement constitutes the entire agreement between the County and the Seller pertaining to the subject matter contained herein and supersedes all prior and contemporaneous agreements, representations, and understandings. No supplement, modification, waiver or amendment of this Agreement shall be binding unless specific and in writing executed by the parties hereto. In the event of any conflict between the
18 terms of this Agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this Agreement shall be controlling with respect to any interpretation of the meaning and intent of the parties.
33. No Waiver. Failure of either party to insist, in any one or more instances, upon strict performance of any term or condition herein contained shall not be deemed a waiver or relinquishment in the future of such term or condition, but the same shall remain in full force and effect.
34. Required Disclosure. Attached hereto and forming a part hereof as Schedule “B” is a questionnaire entitled “Required Disclosure of Relationships to County.” The Seller agrees to complete said questionnaire as part of this Agreement. In the event that any information provided in the completed questionnaire changes prior to Closing, Seller agrees to notify County in writing within ten (10) business days of such event.
35. Recordation of Declaration of Restrictive Covenants. When in title, the County shall cause its Declaration of Restrictive Covenants to be recorded (the “Declaration”) regarding the Affordable AFFH Units (as defined in the Declaration) to be constructed by the Developer on the Property, and the sale and conveyance of the Property to the Developer pursuant to the Sale Agreement shall be subject to the Declaration. A copy of the Declaration is attached to this Agreement as Schedule “D.”
36. Execution. This Agreement shall not be binding or effective until duly executed by both parties, and approved by the Office of the Westchester County Attorney, and the Sale Agreement is executed by the County and the Developer.
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19 IN WITNESS of the foregoing provisions, the parties have executed and delivered this Agreement as of the date first set forth above.
THE COUNTY OF WESTCHESTER
By: ______Name: Robert F. Astorino Title: County Executive
THE TOWN OF GREENBURGH
By: ______Name: Title:
ARDSLEY WATERWHEEL PARTNERS, LLC
By: 458 Properties, LLC, its sole member
By: ______Name: Conrad J. Roncati Title: Sole Member
Authorized by the Westchester County Board of Legislators by Acts No. 91-2012 and 149-2012
Authorized by the Westchester County Board of Acquisition & Contract on the 6th day of December, 2012.
Approved as to form and manner of execution:
______Assistant County Attorney County of Westchester
20 ACKNOWLEDGMENT
STATE OF NEW YORK ) ) ss.: COUNTY OF )
On the __th day of ______in the year 2013, before me, the undersigned, personally appeared Robert P. Astorino, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Date: ______Notary Public
RPL § 309-a; NY CPLR § 4538 UNIFORM ACKNOWLEDGMENT
STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER)
On the __th day of ______in the year 2013 before me, the undersigned, personally appeared ______, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Date: ______Notary Public
RPL § 309-a; NY CPLR § 4538
2 UNIFORM ACKNOWLEDGMENT
STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER)
On the __th day of ______in the year 2013 before me, the undersigned, personally appeared ______, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Date: ______Notary Public
RPL § 309-a; NY CPLR § 4538
3 CERTIFICATE OF AUTHORITY-LIMITED LIABILITY COMPANY
I, Conrad J. Roncati, (member or manager other than person executing the agreement) certify that I am a member of Ardsley Waterwheel Partners, LLC (the “LLC”) duly organized under the Laws of the State of New York; that said Agreement was duly signed for and on behalf of said LLC and as the act of said LLC for the purposes therein mentioned.
______(Signature)
STATE OF NEW JERSEY ) ss.: COUNTY OF ______)
On the ______day of ______in the year 2013 before me, the undersigned, a Notary Public in and for said State, Conrad J. Roncati personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the member/manager described in and who executed the above certificate, who being by me duly sworn did depose and say that he/she resides at 935 River Road, Suite 100, Edgewater, New Jersey 07020, and he/she is a member/manager of said LLC; that he/she is duly authorized to execute said certificate on behalf of said LLC, and that he/she signed his/her name thereto pursuant to such authority.
Notary Public______Date:______
4 MUNICIPAL CERTIFICATE OF AUTHORITY
I, ______, (Officer other than officer signing contract) certify that I am the ______of (Title) the ______(the “Municipality”) a municipal corporation duly organized and in good standing under the ______(Law under which organized, e.g., the New York Business Corporate Law) named in the foregoing agreement; that______(Person executing agreement) who signed said agreement on behalf of the Municipality was, at the time of execution ______(Title of such person) of the Municipality and that said agreement was duly signed for and on behalf of said Municipality by authority of its Board of ______, thereunto duly authorized and that such authority is in full force and effect at the date hereof. ______(Signature) STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER) On this ______day of ______, 2010, before me personally came ______, whose signature appears above, to me known, and known to me to be the ______of ______(Title) ______, the Municipality described in and which executed the above certificate, who being by me duly sworn did depose and say that he/she, the said ______of said Municipality resides at ______, and that he/she signed his/her name hereto by order of the Board of ______of said Municipality.
Notary Public Count
5 6 7 8
SCHEDULE “B”
REQUIRED DISCLOSURE OF RELATIONSHIPS TO COUNTY (Prior to execution of a contract by the County, the proposed Seller must complete, sign and return this form to the County)
Contract Name and/or ID No.: FAH -12-15 Name of Seller: Town of Greenburgh
A.) Related Employees: 1. Are any of the employees that you will use to carry out this contract with Westchester County also an officer or employee of the County, or the spouse, or the child or dependent of such County officer or employee?
Yes ______No ______
If yes, please provide details:______
B.) Related Owners:
1. If you are the owner of Seller, are you or your spouse, an officer or employee of the County?
Yes ______No ______
If yes, please provide details:______
To answer the following question, the following definition of the word “interest” shall be used:
Interest means a direct or indirect pecuniary or material benefit accruing to a county officer or employee, his or her spouse, child or dependent, whether as the result of a contract with the county or otherwise. For the purpose of this chapter, a county officer or employee shall be deemed to have an “interest” in the contract of: i. His/her spouse, children and dependents, except a contract of employment with the county; ii. A firm, partnership or association of which such officer or employee is a member or employee; iii. A corporation of which such officer or employee is an officer, director or employee; and iv. A corporation of which more than five (5) percent of the outstanding capital stock is owned by any of the aforesaid parties.
2. Do any officers or employees of the County have an interest in Seller or in any subcontractor that will be used for this contract?
Yes ______No ______
If yes, please provide details:______
Authorized Company Official shall sign below and type or print information below the signature line:
Name:
Title: Manager
Date: November , 2012 SCHEDULE “C”
WIRE INSTRUCTIONS SCHEDULE “D”
Declaration of Restrictive Covenants SCHEDULE “E”
Westchester Act No. 91-2012 SCHEDULE “F”
Westchester Act No. 149-2012 C-FAH- 12-____ FAH SALE AGREEMENT
THIS AGREEMENT dated as of the __th day of 2013, by and between:
THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business at the Michaelian Office Building, l48 Martine Avenue, White Plains, New York, l060l (the “Seller” and/or “County”); and
ARDSLEY WATERWHEEL PARTNERS, LLC, a New York limited liability company, having an office at 935 River Road, Suite 100, Edgewater, New Jersey 07020 (the “Developer” and/or the “Purchaser”);
WITNESSETH:
WHEREAS, the Seller is the contract vendee of the Property (defined below) pursuant to a certain Purchase Agreement (the “Purchase Agreement”) made between the Town of Greenburgh (the “Town”), the County and the Developer dated the same date as this Agreement ; and
WHEREAS, the Seller desires, upon becoming the fee title owner of the Property, to convey the Property to the Developer as more particularly set forth herein; and
WHEREAS, the Developer desires to purchase the Property as more particularly set forth herein; and.
WHEREAS, the Purchaser desires to purchase the Property in order to provide fair and affordable housing thereon subject to the conditions set forth herein; and
WHEREAS, the County, as a condition of conveying the Property to the Purchaser, desires that the conditions set forth herein shall apply to said Property including construction by the Developer of the Development (defined below); and WHEREAS, the Developer acknowledges that the County signed a stipulation and order of settlement and dismissal in connection with United States of America ex rel. Anti- Discrimination Center of Metro New York, Inc., v. Westchester County, New York, No. 06 Civ. 2860 (DLC) (the “Settlement Agreement”); and
WHEREAS, the Developer acknowledges that the County has submitted a plan entitled the “Westchester County Fair and Affordable Housing Implementation Plan,” dated August 9, 2010 (the “Plan”), outlining the County’s proposed plan to develop fair and affordable housing as required by the Settlement Agreement, which Plan may be amended from time to time; and
WHEREAS, it is a goal of the County to support fair and affordable housing; and
WHEREAS, pursuant to No. _____-2012 of the Westchester County Board of Legislators (the “Board”), the County has been authorized to purchase the Property and subsequently convey the Property to the Purchaser, its successor or assign for ONE ($1.00) DOLLAR; and
NOW, THEREFORE, the parties hereto in consideration of the terms and conditions herein contained do agree as follows:
1. Sale. Provided that the Seller has obtained fee title to certain real property comprised of approximately 2.06 acres of real property located at 867 Saw Mill River Road in the Village of Ardsley, New York, 10502, as more particularly described in the Greenburgh Tax Assessment Maps as Section: 6.2, Block: 3, Lot 7, 8, 9 & 10, which real property is more particularly described in Schedule “A” annexed hereto and made a part hereof (the “Property” and/or the “Affordable Housing Property”), the Seller agrees to sell and convey to the Purchaser fee simple title to the Property and any improvements thereon.
2. Purchase Terms. Upon delivery of the Bargain and Sale Deed without covenants against the grantor’s acts to the Purchaser which conveys fee simple title of the Property to the Developer pursuant to this Agreement, the Developer shall pay to the Seller consideration of
2 ONE ($1.00) DOLLAR payable at the closing of title (the “Closing”). The County acknowledges that as additional consideration for the Property, the Developer has agreed to pay $275,000 to the Town as the Developer’s contribution (the “Contribution”) to the purchase price to be paid by the County for the acquisition of the Property from the Town pursuant to the Purchase Agreement. The Closing shall mean the payment of the purchase price and the delivery of the above-referenced deed, in proper statutory form for recording, duly executed and acknowledged, so as to convey to the Purchaser fee simple title to the Property, free of all encumbrances, except as otherwise stated herein. The deed shall contain a covenant by the Seller as required by Section 13(5) of the Lien Law. Notwithstanding any other provision of this Agreement or the Purchase Agreement, the County agrees that upon the payment by the Developer of the Contribution, the Developer shall have a vendee’s lien against the Property in the amount of the Contribution, which shall extinguish at Closing.
3. Closing. The Closing shall take place on the same day, and immediately following the closing under the Purchase Agreement, or at such time and location as shall be mutually acceptable to the parties hereto. The following are to be apportioned as of midnight of the day before the day of Closing: water charges and sewer rents on the basis of the fiscal period for which assessed, fuel and vault charges, if any.
4. Conditions. The Property is transferred subject to (a) the laws and governmental regulations that affect the use and maintenance of the Property; (b) consents for the erection of any structures on, under, or above any streets on which the Property abuts; (c) encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway; (d) facts shown pursuant to survey of the Property; (e) any covenants or restrictions of record, including the Declaration (as hereinafter defined); and (f) zoning regulations, ordinances, building restrictions and regulations of the city, town or village in which the Property lies, affecting the Property on the date of Closing.
5. Title. Title to the Property shall be such title as a title company authorized to do business in the State of New York shall be willing to approve and insure in accordance with its standard form of title policy, subject only to the matters provided for in this Agreement.
3 6. Broker. The Seller and the Developer mutually represent and warrant to each other that no broker is associated with the transfer of the Property. The Developer will defend, indemnify and hold harmless the County from and against any and all claims for brokerage fees or other commissions which may, at any time, be asserted against the County by any identified or unidentified person, firm, entity, and/or organization, together with any and all losses, damages, costs, expenses (including reasonable attorney’s fees and disbursements) relating to such claims or arising therefrom or incurred by the other party.
All of the provisions of this Section “6” shall survive Closing or other cancellation or termination of this Agreement.
7. Taxes. In no event shall the County be responsible for the payment of any outstanding real property taxes or assessments on the Property.
8. Violations. The Property shall be transferred with notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by any governmental department having authority as to lands, buildings, fire and health conditions affecting the Property at the date hereof and at the date of Closing.
10. Condition of the Property. The Seller has not made and does not make any representations as to the physical condition of the Property, financial value, income, rents, leases, expense, operation or any other matter or thing affecting or relating to the aforesaid Property, except as specifically set forth herein. The Purchaser expressly acknowledges that no representations have been made and that the Purchaser has inspected the Property and agree to take the Property “AS IS,” with no warranties, express or implied, and in their present condition, except as otherwise required by this Agreement, subject to reasonable use, wear, tear and natural deterioration prior to the Closing.
11. Validity and Severability. Each provision of this Agreement is severable from any and all other provisions of this Agreement. If any term or provision of this Agreement is held by
4 a court of competent jurisdiction to be invalid or void or unenforceable, the remainder of the terms and provisions of this Agreement will in no way be affected, impaired, or invalidated, and to the extent permitted by applicable law, any such term or provision will be restricted in applicability or reformed to the minimum extent required for such to be enforceable. This provision will be interpreted and enforced to give effect to the original written intent of the parties prior to determination of such invalidity or unenforceability.
All of the provisions of this Section “11” survive the Closing or other cancellation or termination of this Agreement.
12. Representations and Warranties of the Developer. The Developer represents and warrants to the Seller as follows:
(a) The Developer is duly organized New York limited liability company, validly existing and in good standing under the laws of the State of New York. The Developer is duly qualified to do business and is in good standing in each jurisdiction in which the conduct of its business requires it to be so qualified. The Developer has the power, authority and legal right to execute and perform this transaction and to execute this Agreement; the execution and performance of this Agreement by the Developer has been duly authorized by the Developer; this Agreement constitutes, and any other documents required to be delivered by the Developer, when so delivered will constitute, the legal, valid and binding obligations of the Developer enforceable against the Developer in accordance with their respective terms; and the Developer will deliver to the County at the time of execution of this Agreement a resolution adopted by its governing body authorizing the execution of this Agreement; and
(b) the person signing this Agreement on behalf of the Developer has full authority to bind the Developer to all of the terms and conditions of this Agreement;
(c) it is financially and technically qualified to perform its obligations hereunder relating to completion of the Development;
5 (d) the design, supervision and workmanship furnished with respect to the construction of the Development will be in accordance with sound and currently accepted scientific standards and best engineering practices;
(e) it is familiar with and will comply with all general and special Federal, State, municipal and local laws, ordinances and regulations, if any, that may in any way affect the performance of this Agreement;
(f) to the best of the Developer’s current knowledge and information the budget proposal attached in Schedule “B” to the Declaration lists the anticipated true and correct costs for the Development;
(g) that construction of the Development will be carried on continuously, diligently and with dispatch to final completion and that said construction will be completed on or before the completion date set forth in Schedule “B” to the Declaration;
(h) construction of infrastructure improvements (the “Infrastructure Improvements”) which will be funded through a separate intermunicipal-developer agreement with the Village of Ardsley is necessary to support the Project (as hereinafter defined);
(i) it will use its best efforts to assure and shall require in any contract documents with its contractors and subcontractors that all materials, equipment and workmanship furnished by such contractors and subcontractors in performance of the work or any portion thereof shall be free of defects in design, material and workmanship, and all such materials and equipment shall be of first-class quality, shall conform with all applicable codes, specifications, standards and ordinances and shall have service lives and maintenance characteristics suitable for their intended purposes in accordance with sound and currently accepted scientific standards and best engineering practices;
(j) consummation of the transactions contemplated by this Agreement and the performance of the Developer’s obligations hereunder will not result in any breach of or
6 constitute a default under other instruments or documents to which the Developer is a party or by which it may be bound or affected;
(k) the Developer is not on the low income housing debarred list with either the U.S. Department of Housing and Urban Development (“HUD”) or the State of New York, and it is not in default under any contract with the County; and
(l) the Developer has not employed or retained any person, other than a bona fide full time salaried employee working fully for the Developer to solicit or secure this Agreement, and that it has not paid or agreed to pay any person (other than counsel) any fee, commission, percentage, gift or other consideration, contingent upon or resulting from the award or making of this Agreement.
(m) that construction of the Development will be carried on continuously, diligently and with dispatch to final completion and that said construction will be completed on or before the completion date set forth in Schedule “B” hereto;
The Developer expressly acknowledges that the County is materially relying on the above representations.
If any of the foregoing representations and warranties ceases to be true at any time prior to Closing, the Seller shall have the right, in its discretion, to terminate this Agreement, without liability and with respect to subdivision (l) above, to deduct from the contract price, or otherwise to recover, the full amount of such fee, commission, percentage, gift or consideration. Upon a breach or violation of any of the above representations, without limiting any other rights or remedies to which the Seller may be entitled or any civil or criminal penalty to which any violator may be liable.
All of the provisions of this Section “12” shall survive the Closing or other cancellation or termination of this Agreement.
7 13. Representations and Warranties of the Seller. The Seller represents and warrants as follows:
(a) The Seller is a municipal corporation duly organized, validly existing under the laws of the State of New York. The execution and performance of this Agreement by the Seller have been duly authorized by the Westchester County Board of Legislators and by the Westchester County Board of Acquisition and Contract; and
(b) The person signing this Agreement on behalf of the Seller has full authority to bind the Seller to all of the terms and conditions of this Agreement pursuant to the above referenced authority.
14. Inability To Convey. If the Seller is unable to transfer title to the Purchaser in accordance with this Agreement because the Seller does not obtain fee title to the Property or for any other reason, and the Seller has not willfully breached this Agreement or the Purchase Agreement, then the Seller shall have no liability to the Purchaser and shall so notify the Purchaser. In the event the Seller provides the aforesaid notice to the Purchaser, this Agreement shall be considered canceled and neither the Seller nor the Purchaser shall have any further rights against the other in connection with this transaction.
15. Entire Agreement/Modifications/Conflicts. This Agreement and its attachments constitute the entire Agreement between the Seller and Developer with respect to the subject matter hereof and shall supersede all prior and contemporaneous negotiations, commitments, representations, agreements, and/or understandings whether oral or in writing. This Agreement shall not be released, discharged, waived, changed, amended, supplemented or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. This Agreement shall apply to and bind any successor(s) in interest of the respective parties.
In the event of any conflict between the terms of this Agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this Agreement shall be controlling with respect to any interpretation of the meaning and intent of the parties.
8 All of the provisions of this Section “15” shall survive the Closing or other cancellation or termination of this Agreement.
16. No Waiver. Failure of the County to insist, in any one or more instances, upon strict performance of any term or condition herein contained shall not be deemed a waiver or relinquishment for the future of such term or condition, but the same shall remain in full force and effect.
All of the provisions of this Section “16” shall survive the Closing or other cancellation or termination of this Agreement.
17. Risk of Loss. All risk of loss shall remain with the Seller from the date the Seller acquires title to the Property until Closing. In the event the Property is destroyed or damaged and cannot be repaired prior to Closing, the Developer shall have the right at their option to terminate this Agreement by written notice to the Seller and shall have no further obligation to the Seller under this Agreement. In no event is the Seller obligated to remedy any such destruction of or damage to the Property.
18. Conditions Precedent. The obligations of the Seller and the Developer under this Agreement are subject to the condition that at or before the Closing all terms, covenants and conditions of this Agreement to be complied with and performed by the Seller or the Developer, respectively, on or before the date of Closing, have been duly complied with and performed or waived in writing by the Seller or the Developer, as appropriate. Notwithstanding anything contained herein to the contrary, in the event that Seller does not obtain fee simple title to the Property by the date set forth in Section “1” hereof, the Seller shall have no obligation under this Agreement to convey title to the Property to the Purchaser and the parties shall have no further obligation to one another in connection with this transaction.
9 19. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and which shall, together, constitute one and the same Agreement.
20. No Agency. Nothing herein contained shall be construed as creating a co-partnership between the Seller and the Developer or to constitute the Developer as an agent of the Seller and the Seller as agent of the Developer. The Seller and the Developer each expressly disclaim the existence of such a relationship between them.
All of the provisions of this Section “20” shall survive the Closing or other cancellation or termination of this Agreement.
21. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of New York. In addition, the parties hereby agree that any cause of action arising out of this Agreement shall be brought in the County of Westchester.
All of the provisions of this Section “21” shall survive the Closing or other cancellation or termination of this Agreement.
22. Assignability. This Agreement or any rights hereunder may not be assigned by either party without the prior written consent of the other party. Any purported delegation of duties, assignment of rights or subcontracting of work under this Agreement without the prior express written consent of the County is void.
All of the provisions of this Section “22” shall survive the Closing or other cancellation or termination of this Agreement.
23. Captions. The captions are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Agreement or the intent of any provision thereof.
10 All of the provisions of this Section “23” shall survive the Closing or other cancellation or termination of this Agreement.
24. Condemnation. In the event of the taking of all or any part of the Property by eminent domain proceedings, or the commencement of such proceedings prior to Closing, either party shall have the right, at its option, to terminate this Agreement by written notice to the other and the parties shall have no further obligation to one another in connection with this transaction.
25. Notices. All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certified mail postage pre-paid, or sent by hand or overnight courier, to the respective addresses set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt.
To the Seller:
Commissioner of Planning Michaelian Office Building, Room 432 148 Martine Avenue White Plains, New York 10601 with a copy to:
County Attorney Michaelian Office Building, Room 600 148 Martine Avenue White Plains, New York 10601 To the Developer:
Ardsley Waterwheel Partners, LLC 935 River Road, Suite 100 Edgewater, New Jersey 07020
With a copy to:
DelBello Donnellan Weingarten Wise & Wiederkehr, LLP One North Lexington Avenue White Plains, New York 10601
11 The attorneys for the parties hereto are hereby authorized, on behalf of their respective clients, to serve any written notice, whenever such notice is provided to be given under the terms of this Agreement. Any such notice shall be in writing and duly signed by such attorneys.
All of the provisions of this Section “25” survive the Closing or other cancellation or termination of this Agreement.
26. Additional Documents. The Seller and the Developer agree to execute such additional documents as may be reasonable and necessary to carry out the provisions of this Agreement.
All of the provisions of this Section “26” survive the Closing or other cancellation or termination of this Agreement.
27. Property Development. The Property shall not be used except for the purpose of providing seventeen (17) fair and affordable housing units (the “Affordable AFFH Units”) as more fully set forth in Schedule “B” to the Declaration which is attached hereto as Schedule “C” and forms a part hereof. Notwithstanding the foregoing, the Developer shall also construct five (5) workforce housing units (the “Workforce Housing Units”) on the Property which shall not be subject to restrictions set forth herein. Any different use of the Property shall require the written consent of the County, including without limitation construction of additional structures and/or units.
The Developer agrees to construct the Affordable AFFH Units and Workforce Housing Units and related facilities, (the “Project” and/or the “Development”) on the Property, all as more fully set forth in Schedule “B” to the Declaration and to fully comply with all the conditions set forth in Schedule “B” to the Declaration. Construction of the Project (“Construction”), including without limitation the Affordable AFFH Units, shall be in accordance with Plans (defined in Schedule “B” to the Declaration), for which Developer has already obtained the Seller’s approval and which are incorporated herein by reference. The Developer shall commence Construction on the Property in accordance with the Plans on or before the date set forth in Schedule “B” to the
12 Declaration. Construction shall be completed on or before the date set forth in Schedule “B” to the Declaration,, and in order to be deemed completed, Developer shall provide to Seller a valid appropriate temporary or permanent certificate of occupancy for all of the Development (“Certificate of Occupancy”) permitting the use of the Property for the Project, all as set forth in Schedule “B” to the Declaration. The Developer shall report to the County on its progress toward completing the Project, as the Commissioner of Planning or his duly authorized designee (the “Commissioner”) may request. In no event will the retention of a contractor to perform work on the Infrastructure Improvements relieve or otherwise discharge the Developer from its obligations hereunder or create a third party beneficiary relationship between the County and any such contractors and the parties hereto expressly disclaim any intention to create such a relationship.
Until the expiration of the 50 year Period of Affordability (defined in Schedule “B” to the Declaration) the Affordable AFFH Units must be sold and occupied in accordance with the Affordability Requirements (defined in Schedule “B” to the Declaration) and pursuant to the Declaration.
All of the provisions of this Section “27” survive the Closing or other cancellation or termination of this Agreement.
28. Declaration of Restrictive Covenants. The Parties agree that a Declaration of Restrictive Covenants shall be recorded against the Property (“Declaration”) in the form annexed hereto and made a part hereof as Schedule “C.” The provisions contained in the Declarations shall bind the Developer and any successor(s) in interest. The deed from the County to the Purchaser shall contain the cross reference to the Declaration described in Section 31 below:
The Purchaser shall submit the Declaration for recording, at its sole cost and expense, with the Office of the Westchester County Clerk Land Records Division (the “Clerk’s Office”) within five (5) business days of execution of same. The Purchaser shall provide the County with proof of recording within ten (10) business days of said recording.
13 All of the provisions of this Section “28” survive the Closing or other cancellation or termination of this Agreement.
29. Legal and Equitable Relief. The injury to the County arising from noncompliance with any of the terms of this Agreement and the Schedules hereto deemed by the Commissioner to be material, including without limitation the Affordability Requirements, would be great and the amount of consequential damage would be difficult to ascertain and may not be compensable by money alone. Therefore, in the event of any such noncompliance, which remains uncured for thirty (30) days after service on the Developer of written notice thereof, the County, at its option, may apply to any state or federal court for: (A) specific performance of this Agreement and the Schedules hereto, including without compliance with the Affordability Requirements; (B) injunctive relief against any noncompliance; and/or (C) seek any and all appropriate legal and/or equitable remedies, including, but not limited to, damages, reasonable attorney’s fees, disbursements and court costs in such amounts as shall be allowed by the court.
The Commissioner, in his sole discretion, may agree to stay any such enforcement beyond such thirty (30) day period, provided however that the County determines that the Developer is diligently and continuously acting to cure said noncompliance.
All of the provisions of this Section “29” will survive the Closing or other cancellation or termination of this Agreement.
30. Financing. Until expiration of the Period of Affordability, the Developer, its respective successors and assigns, shall not enter into any financing or any other transaction which may create any mortgage, lien or other encumbrance upon the Affordable Housing Property and/or the Development, or any portion thereof, whether by express agreement or operation of law, except for (i) the initial construction financing for the Project (the “Initial Financing”), without having first obtained the written consent of the Commissioner (the “Commissioner”) of the Westchester County Department of Planning (“Planning”). With the exception of the Initial Financing, the Developer, its respective successors and assigns, shall notify the County in writing at least sixty (45) days in advance of any such financing it proposes
14 to enter into which financing creates a mortgage, lien or other encumbrance on the Development, or any portion thereof.
Until the expiration of the Period of Affordability, the Developer, and its respective successors and assigns, shall provide the County, in a timely manner, with copies of any notice of default or non-compliance delivered in connection with the Initial Financing.
All of the provisions of this Section “30” survive the Closing or other cancellation or termination of this Agreement.
31. Conveyance. Until expiration of the Period of Affordability, the Purchaser is prohibited from transferring fee title to the Property or the Affordable AFFH Units, with the exception of a transfer of the fee title due to foreclosure or issuance of a deed in lieu of foreclosure, without having first obtained the written consent of the Commissioner.
Until the expiration of the Period of Affordability, no instrument conveying any interest in the Property or any portion thereof, shall be issued unless it contains a cross- reference to the Declaration in (substantially) the following form:
This conveyance is made subject to the obligations and the restrictions set forth in that certain Declaration of Restrictive Covenants, dated ______, 2013 recorded in the Westchester County Clerk’s Office on ______, 2013 under control no. ______(the “Declaration”). The Declaration runs with the land and binds the property, and is be enforceable against the property's owner, any subsequent purchasers and all of their respective legal representatives, executors, administrators, heirs, successors and assigns. The Declaration shall bind the property for a period of ninety-nine (99) years from the date of the last initial sale. With respect to the units, the Declaration shall inure to the benefit of and be enforceable by the County of Westchester until the expiration of the 50 year County Period of Affordability (the “County Period of Affordability”) commencing on the Initial Unit Sales Dates (as defined in the Declaration) of the AFFH Units through the fiftieth (50th) anniversary of the Initial Sales Dates, and shall inure to the benefit and be enforceable by the Town of Greenburgh for the forty-nine (49) year period commencing on the fiftieth (50th) anniversary of the Initial Unit Sales Dates and terminating ninety-nine (99) years from the Initial Unit Sales Dates (the “Town Period of Affordability”), (all as more fully set forth in said Declaration) and may not be altered or removed prior to the
15 expiration of the County Period of Affordability without the written permission of the County and Town, or of the Town during the Town Period of Affordability. The Declaration shall survive any foreclosure or the issuance of a deed in lieu of foreclosure and shall not terminate until the expiration of the County and Town Periods of Affordability, without the express written consent of the County and Town.
All of the provisions of this Section “31” survive the Closing or other cancellation or termination of this Agreement.
32. Environmental. (a) Definitions. For the purposes of this Agreement and this Section, the following definitions shall apply:
(1) “Hazardous Materials” or “Hazardous Waste” shall mean any substance:
(i) the presence of which requires investigation or remediation under any federal, state, or local statute, regulation, ordinance, order, action, policy or common law; or
(ii) which is or becomes defined as a hazardous waste, hazardous substance, pollutant or contaminant under any federal, state or local statute, regulation, rule, or ordinance or amendments thereto including, without limitations, the United States Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 USC §9601 (14) 42 USC §9602 and any “hazardous waste” as defined in or listed under the United States Solid Waste Disposal Act, as amended, 42 USC §6901(5), 42 USC §6921; or
(iii) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board or instrumentality of the United States, the State of New York or any political subdivision thereof; or
(iv) the presence of which, on the Property, causes or threatens to cause a nuisance on the Property or to nearby properties or poses or threatens to pose a hazard to the health and safety of persons on, about or nearby the Property; or
16 (v) the presence of which on any other properties would constitute a trespass by the owner of the Property; or
(vi) without limitation which contains gasoline, diesel fuel, or other petroleum hydrocarbons; or
(vii) without limitation which contains polychlorinated bipheynols (PCBs), asbestos, or urea formaldehyde foam insulation.
(2) “Environmental Requirements” shall mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all government agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, the State of New York and the political subdivisions thereof; and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment.
(b) Defense and Indemnity. In addition to the provisions of Section 33 below, the Developer hereby acknowledges and agrees that it shall defend and indemnify the Seller for any “Environmental Damages” arising out of or in any way connected with the Property. “Environmental Damages” shall mean all claims, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs and expenses of investigation and defense of any, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney’s fees and disbursements and consultants’ fees, any of which are incurred as the result of the existence of “Hazardous Material” or “Hazardous Waste” upon, beneath, or about the Property (including ground or surface water) or migrating or threatening to migrate to or from the Property, or the existence of a violation of “Environmental Requirements” pertaining to the Property, regardless of whether the existence of such “Hazardous Materials” or “Hazardous Waste” or the violation
17 of “Environmental Requirements” arose prior to the Developer’s ownership of the Property, including without limitation:
(i) damages for personal injury, including without limitation, death or injury to property or natural resources occurring upon or off the Property, foreseeable or unforeseeable, including without limitation, lost profits, consequential damages, the cost of demolition or rebuilding of any improvements of real property, interest and penalties;
(ii) fees incurred for the service of attorneys, consultants, contractors or experts, laboratories and all other costs incurred in connection with the investigation or remediation of such “Hazardous Materials” or “Hazardous Waste” or violation of “Environmental Requirements” including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or reasonably necessary to make the full use of the Property or any other property or otherwise expended in connection with such conditions; and
(iii) liability to any third party or governmental agency to indemnify such party or agency for the costs expended in connection with the items referenced in subparagraph (ii) herein; and
(iv) diminution in the value of the Property and damages for loss of business and restriction on the use of the Property or any part thereof.
(c) Environmental Insurance. In addition to the insurance provisions of Section 33 below, the Developer shall obtain environmental insurance to insure its respective obligations under this Section “32”, which insurance shall name the County as an additional insured in the amount of ONE MILLION ($1,000,000.00) DOLLARS, and which shall be kept in full force and effect for three (3) years from the date of Closing and the County shall be provided with the endorsement naming the County as an additional insured.
18 The Developer shall ensure that the above referenced policy or certificate shall provide that notice of cancellation or material change in the policy shall be provided to the Commissioner of Planning at least thirty (30) days prior to such occurrence.
All of the provisions of this Section “32” survive the Closing or other cancellation or termination of this Agreement.
33.Insurance. The Developer agrees to procure and maintain insurance naming the County as additional insured, as provided and described in Schedule “G”, entitled “Standard Insurance Provisions”, which is attached hereto and made a part hereof. In addition to, and not in limitation of the insurance provisions contained in Schedule “G”, the Developer agrees:
(a) that except for the amount, if any, of damage contributed to, caused by, or resulting from the negligence of the County, the Developer shall indemnify and hold harmless the County, its officers, employees, agents and elected officials from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney’s fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the Developer or third parties under the direction or control of the Developer; and
(b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto.
All of the provisions of this Section “33” survive the Closing or other cancellation or termination of this Agreement.
34. Compliance with Law. The Developer shall comply, at its sole cost and expense, with all applicable federal, state and local laws, and all rules and regulations promulgated thereunder, including, but not limited to, federal and state labor laws, federal, state and local environmental protection, and land use laws, the State Worker’s Compensation Law, and State
19 Unemployment Insurance Law, the Federal Social Security Law, as well as fair housing laws. The Developer shall cause the work to be performed in a good workmanlike manner.
All of the provisions of this Section “34” survive the Closing or other cancellation or termination of this Agreement.
35. MBE/WBE & Required Schedules. Pursuant to Section 308.01 of the Laws of Westchester County, it is the goal of the County to use its best efforts to encourage, promote and increase the participation of business enterprises owned and controlled by persons of color or women in contracts and projects funded by all departments of the County. Attached hereto and forming a part hereof as Schedule “E” is a questionnaire entitled “Business Enterprises Owned and Controlled by Persons of Color or Women” which the Developer agrees to complete.
Attached hereto and forming a part hereof as Schedule “F” is a questionnaire entitled “Required Disclosure of Relationships to County.” The Developer agrees to complete said questionnaire as part of this Agreement. In the event that any information provided in the completed questionnaire changes, Developer agrees to notify County in writing within ten (10) business days of such event.
All of the provisions of this Section “35” survive the Closing or other cancellation or termination of this Agreement.
36. Non-Discrimination. The Developer expressly agrees that neither it nor any consultant, subconsultant, employee, or any other person acting on its behalf shall discriminate against or intimidate any employee or other individual on the basis of race, creed, religion, color, gender, age, national origin, ethnicity, alienage or citizenship status, disability, marital status, sexual orientation, familial status, genetic predisposition or carrier status during the term of or in connection with this Agreement, as those terms may be defined in Chapter 700 of the Laws of Westchester County. The Developer acknowledges and understands that the County maintains a zero tolerance policy prohibiting all forms of harassment or discrimination against its employees by co-workers, supervisors, vendors, contractors, or others.
20 All of the provisions of this Section “36” survive the Closing or other cancellation or termination of this Agreement.
37. Third Party Beneficiaries. Nothing herein is intended or shall be construed to confer upon or give to any third party or its successors and assigns any rights, remedies or basis for reliance upon, under or by reason of this Agreement, except in the event that specific third party rights are expressly granted herein.
All of the provisions of this Section “37” survive the Closing or other cancellation or termination of this Agreement.
38. County Approvals. The parties hereby acknowledge that any provision herein which requires consent of the County shall be subject to the receipt of any and all necessary legal approvals. The parties further acknowledge that in no event, shall any delay or failure of the Westchester County Board of Legislators and/or Westchester County Board of Acquisition and Contract to appoint or approve any action be deemed to be unreasonable.
All of the provisions of this Section “39” survive the Closing or other cancellation or termination of this Agreement.
39. Execution. This Agreement shall not be binding or effective until duly executed by both parties, and approved by the Office of the Westchester County Attorney and the Purchase Agreement is executed by the County and the Developer.
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21 IN WITNESS of the foregoing provisions, the parties have executed and delivered this Agreement as of the date first set forth above.
THE COUNTY OF WESTCHESTER
By: ______Name: Robert F. Astorino Title: County Executive
ARDSLEY WATERWHEEL PARTNERS, LLC
By: 458 Properties, LLC, its sole member
By: ______Name: Conrad J. Roncati Title: Sole Member
Authorized by the Westchester County Board of Legislators by Acts No. ____ and -2012
Authorized by the Westchester County Board of Acquisition & Contract on the __th day of November, 2012.
Approved as to form and manner of execution:
______Assistant County Attorney County of Westchester c:JPI/PLN/Ardsley.Waterwheel.Sale.Agreement.3.5.13
22 UNIFORM ACKNOWLEDGMENT
STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER)
On the ______day of ______in the year 2013, before me the undersigned personally appeared Robert P. Astorino personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument..
______Notary Public
23 CERTIFICATE OF AUTHORITY-LIMITED LIABILITY COMPANY
I, Conrad J. Roncati, (member or manager other than person executing the agreement) certify that I am a member of Ardsley Waterwheel Partners, LLC (the "LLC") duly organized under the Laws of the State of New York; that (Name of State) ; that said Agreement was duly signed for and on behalf of said LLC and as the act of said LLC for the purposes therein mentioned.
______(Signature)
STATE OF NEW YORK ) ss.: COUNTY OF ______)
On the ______day of ______in the year 20___ before me, the undersigned, a Notary Public in and for said State, ______personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the member/manager described in and who executed the above certificate, who being by me duly sworn did depose and say that he/she resides at ______, and he/she is a member/manager of said LLC; that he/she is duly authorized to execute said certificate on behalf of said LLC, and that he/she signed his/her name thereto pursuant to such authority.
Notary Public______Date:______UNIFORM ACKNOWLEDGMENT
STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER)
On the ______day of in the year 2013, before me the undersigned personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument..
______Notary Public SCHEDULE “A”
Affordable Housing Property Description
2 SCHEDULE B
(Omitted; please see Schedule “B” to the Declaration of Restrictive Covenants, set forth in Schedule “C,” annexed hereto) SCHEDULE “C“
DECLARATION OF RESTRICTIVE COVENANTS
(attached hereto) SCHEDULE “D”
omitted
2 SCHEDULE “E” (Developer) For Informational Purposes Only
QUESTIONNAIRE REGARDING BUSINESS ENTERPRISES OWNED AND CONTROLLED BY PERSONS OF COLOR OR WOMEN
As part of the County's program to encourage the meaningful and significant participation of business enterprises owned and controlled by persons of color or women in County contracts, and in furtherance of Section 308.01 of the Laws of Westchester County, we request that you answer the questions listed below.
The term persons of color means a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups: (a) Black persons having origins in any of the Black African racial groups; (b) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin regardless of race; (c) Native American or Alaskan native persons having origins in any of the original peoples of North American; or (d) Asian or Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian sub-continent or the Pacific Islands.
An enterprise owned and controlled by persons of color or women means a business enterprise, including a sole proprietorship, limited liability partnership, partnership, limited liability corporation or corporation that is (a.) at least 51% owned by one or more persons of color or women; (b.) an enterprise in which such ownership by persons of color or women is real, substantial and continuing; (c.) an enterprise in which such ownership interest by persons of color or women has and exercises the authority to control and operate, independently, the day-to-day business decisions of the enterprise; and (d.) an enterprise authorized to do business in this state which is independently owned and operated.
In addition, a business enterprise owned and controlled by persons of color or women shall be deemed to include any business enterprise certified as an MBE or WBE pursuant to Article 15-a of the New York State Executive Law and implementing regulations, 9 NYCRR subtitle N Part 540 et seq. , or as a small disadvantaged business concern pursuant to the Small Business Act, 15 U.S.C. 631 et seq., and the relevant provisions of the Code of Federal Regulations as amended.
1. Are you a business enterprise that is owned and controlled by persons of color or women in accordance with the standards listed above?
______No ______Yes (as a business owned and controlled by persons of color) ______Yes (as a business owned and controlled by women) 2. If you are a business owned and controlled by persons of color, please specify, the minority classifications that apply: ______
3. Are you certified with the State of New York as a minority business enterprise ("MBE") or a women business enterprise ("WBE")? ______No ______Yes (as a MBE) ______Yes (as a WBE)
4. If you are certified with the State of New York as an MBE, please specify the minority classifications that apply: ______
5. Are you certified with the Federal Government as a small disadvantaged business concern? ______No ______Yes
Name of Firm/Business Enterprise: ______Address: ______Name/Title of Person completing MBE/WBE Questionnaire:______Signature: ______
STATE OF NEW YORK ) ) ss.: COUNTY OF )
______Notary Public Date
2 SCHEDULE “F” (Developer)
REQUIRED DISCLOSURE OF RELATIONSHIPS TO COUNTY (Prior to execution of a contract by the County, the Developer must complete, sign and return this form to the County)
Contract Name and/or ID No.: C-FAH-
Name of Developer: Ardsley Waterwheel Partners, LLC
A.) Related Employees: 1. Are any of the employees that you will use to carry out this contract with Westchester County also an officer or employee of the County, or the spouse, or the child or dependent of such County officer or employee?
Yes ______No ______
If yes, please provide details:______
B.) Related Owners:
1. If you are the owner of Developer, are you or your spouse, an officer or employee of the County?
Yes ______No ______
If yes, please provide details:______
To answer the following question, the following definition of the word “interest” shall be used:
Interest means a direct or indirect pecuniary or material benefit accruing to a county officer or employee, his or her spouse, child or dependent, whether as the result of a contract with the county or otherwise. For the purpose of this chapter, a county officer or employee shall be deemed to have an “interest” in the contract of:
i. His/her spouse, children and dependents, except a contract of employment with the county; ii. A firm, partnership or association of which such officer or employee is a member or employee; iii. A corporation of which such officer or employee is an officer, director or employee; and iv. A corporation of which more than five (5) percent of the outstanding capital stock is owned by any of the aforesaid parties.
3 2. Do any officers or employees of the County have an interest in Developer or in any subcontractor that will be used for this contract?
Yes ______No ______
If yes, please provide details:______
Authorized Company Official shall sign below and type or print information below the signature line:
Name:
Title:
Date:
4 SCHEDULE “G”
STANDARD INSURANCE PROVISIONS (Developer)
1. Prior to commencing work, the Developer shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best’s financial rating of A or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. The policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, return receipt requested, for all of the following stated insurance policies. All notices shall name the Developer and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Developer shall upon notice to that effect from the County, promptly obtain a new policy, submit the same to the Department of Risk Management of the County of Westchester for approval and submit a certificate thereof. Upon failure of the Developer to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Developer to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Developer from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Developer concerning indemnification. All property losses shall be made payable to and adjusted with the County.
In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of any operations under the Agreement, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Developer until such time as the Developer shall furnish such additional security covering such claims in form satisfactory to the County of Westchester.
2. The Developer shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the “Special Conditions” of the contract specifications):
(a) Workers’ Compensation. Certificate form C-105.2 (9/07) or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers’ Compensation Law. State Workers’ Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be “All locations in Westchester County, New York.”
Where an applicant claims to not be required to carry either a Workers’ Compensation Policy or Disability Benefits Policy, or both, the employer must complete NYS form CE-200, available to download at: www.wcb.state.ny.us (click on Employers/Businesses, then Business Permits/Licenses/Contracts to see instruction manual).
If the employer is self-insured for Worker’s Compensation, he/she should present a certificate from the New York State Worker’s Compensation Board evidencing that fact (Either SI-12, Certificate of Workers’ Compensation Self-Insurance, or GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self-Insurance). (b) Employer’s Liability with minimum limit of $100,000. (c) Commercial General Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $100,000 for property damage or a combined single limit of $1,000,000 (c.s.1), naming the County of Westchester as an additional insured. This insurance shall include the following coverages: (i) Premises - Operations. (ii) Broad Form Contractual. (iii) Independent Contractor and Sub-Contractor. (iv) Products and Completed Operations. All Contracts involving the use of explosives and demolition shall provide the above coverage with elimination of the XCU exclusion from the policy, or proof that XCU is covered.
(d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and a minimum limit of $100,000 per occurrence for property damage or a combined single limit of $1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages:
(i) Owned automobiles. (ii) Hired automobiles. (iii) Non-owned automobiles.
As per the attached written agreement, and where indicated with a check mark below, the following insurance(s) will also be required:
(e) Environmental Liability with a minimum limit of liability per occurrence of $1,000,000.00. Policy shall be kept in full force and effect for three (3) X years from the date of Closing and the County shall be provided with the endorsement naming the County of Westchester as an additional insured.
(f) Property Insurance – Replacement Cost basis with County of Westchester named as loss payee as its interest may appear
(g) Builder’s Risk --Developer at their own cost and expense shall provide and maintain a Builder’s Risk Form, All Risk Insurance Contract. The coverage shall be written for 100% of the completed value, with the County of Westchester named as loss payee as its interest may appear.
3. All policies of the Developer shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County of Westchester (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause “other insurance provisions” in a policy in which the County of Westchester is named as an insured, shall not apply to the County of Westchester.
2 (c) The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Developer.
3 4 DECLARATION OF RESTRICTIVE COVENANTS
DECLARATION, made as of this __th day of ______, 2013 by THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601, (the “County”).
W I T N E S S E T H:
WHEREAS, the County is the fee title owner of the Affordable Housing Property (defined below); and
WHEREAS, the County entered into a stipulation and order of settlement and dismissal in connection with United States of America ex rel. Anti-Discrimination Center of Metro New York, Inc. v. Westchester County, New York, No. 06 Civ. 2860 (DLC) (the “Settlement Agreement,” attached hereto as Schedule “C”); and
WHEREAS, the Settlement Agreement requires the County, among other things, to develop affordable housing that affirmatively furthers fair housing (“AFFH”) as set forth in 42 U.S.C. Section 5304(b)(2) and as required pursuant to the Settlement Agreement; and
WHEREAS, in furtherance of the foregoing the Fair and Affordable Housing capital project BPL50 and BPL10 (“FAH”) was created; and
WHEREAS, the County has entered into an agreement (the “Sale Agreement”) with Ardsley Waterwheel Partners, LLC (the “Developer”), a New York limited liability company, having an address at 935 River Road, Suite 100, Edgewater, New Jersey 07020, of even date herewith, in connection with the conveyance of the Affordable Housing Property by the County to the Developer for the purpose of constructing Affordable AFFH Units (as hereinafter defined) and Workforce Units (as hereinafter defined) thereon (the “Development”); and
WHEREAS, the County, as a condition of conveying the Affordable Housing Property to the Developer, desires that the conditions set forth herein shall apply to the Affordable Housing Property including construction of the Development; and
WHEREAS, the Town of Greenburgh (the “Town”), has entered into a purchase agreement (the “Purchase Agreement”) of even date herewith, with the County, and Developer and as a condition of conveying the Affordable Housing Property to the County, desires that the conditions set forth herein shall apply to the Affordable Housing Property for a period of ninety-nine (99) years from the Initial Unit Sales Dates (Defined Below);
WHEREAS, the Development includes seventeen (17) units for households with incomes at or below 80% of the Westchester County Area Median Income (“AMI”), which shall affirmatively further fair housing (the “Affordable AFFH Units”) and five (5) workforce units (the “Workforce Units”), to be administered by the Village of Ardsley and to be used for households at or below 120% of AMI; and
WHEREAS, the Affordable AFFH Units will be affordable to households with incomes at or below 80% of the Westchester County Area Median Income for a period of ninety-nine (99) years from the Initial Unit Sales Dates (the “Restricted Sales Period”); and
WHEREAS, the County will administer the affordability requirements of the AFFH Units pursuant to this Declaration for the fifty (50) year period (the “County Period of Affordability”) commencing on the dates of the initial sale of each AFFH Unit (collectively the “Initial Unit Sales Dates”) through the fiftieth (50th) anniversary of the Initial Unit Sales Dates, at which time the County’s interest shall extinguish, and the Town shall administer the affordability requirements pursuant to this Declaration for the forty-nine (49) year period commencing on the the fiftieth (50th) anniversary of the Initial Unit Sales Dates and terminating ninety-nine (99) years from the Initial Unit Sales Dates (the “Town Period of Affordability”); and
WHEREAS, the proposed Affordable AFFH Units are intended to constitute eligible units under paragraph 7(a) of the Settlement Agreement; and
WHEREAS, the Development will be constructed in accordance with the site plan approval as granted by the Village; and
WHEREAS, the Developer acknowledges that the County has submitted a plan to the United States Department of Housing and Urban Development (“HUD”) entitled the “Westchester County Fair and Affordable Housing Implementation Plan,” dated August 9, 2010 (the “Plan”), outlining the County’s proposed plan to develop fair and affordable housing as required by the Settlement Agreement, which Plan may be amended from time to time; and
WHEREAS, the Development must be marketed in accordance with the Settlement Agreement and specifically in accordance with the requirements contained in the approved Housing Development Affirmative Fair Housing Marketing Plan Requirements, as may be amended from time to time (the “Plan Requirements”), which is attached hereto and forms a part hereof as Attachment No. 3 to Schedule “B.”
NOW, THEREFORE, the County, for itself, its successors and assigns, declares that the Affordable Housing Property shall be held, transferred, sold, conveyed, constructed and occupied subject to the covenants and restrictions below, which shall run with the land and bind the property as hereinafter set forth:
1. Recitals. The above recitals are hereby incorporated by reference into the body of this Declaration.
2. Property. The County is the fee title owner of approximately 2.06 acres of land located at 867 Saw Mill River Road in the Village of Ardsley (the “Village”), Town of Greenburgh, County of Westchester and State of New York, identified on the Town of Greenburgh tax map as Section 6.2, Block 3, Lots 7, 8, 9, and 10 (the “Affordable Housing Property”) and more particularly described in Schedule “A” attached hereto and made a part hereof, which is subject to this Declaration of Restrictive Covenants.
3. Affordability of Development. Until the expiration of the Restricted Sales Period, the Affordable Housing Property, except for the five (5) Workforce Units, shall not be used except for the purpose of providing Affordable AFFH Units, all as more fully set forth in Schedule “B”.
4. Affordability Requirements. Until the expiration of the Restricted Sales Period, the Affordable AFFH Units shall not be sold, rented, re-rented or occupied, except in accordance with the Affordability Requirements (defined in Schedule “B” hereto). The Affordable AFFH Units shall be occupied by initial owners and subsequent owners as their principal place of residence; there shall be no right to sublet the units by unit owners at any time during the Restricted Sales Period.
5. Marketing. Until the expiration of the Restricted Sales Period, the Affordable AFFH Units shall not be marketed except in accordance with the Settlement Agreement, including without limitation the Plan Requirements, as approved by the federal monitor, a copy of which is attached hereto and forms a part hereof as Attachment no. 3 to Schedule “B.” It is acknowledged and agreed that affirmative marketing of the 2 Development requires, among other things, outreach to racially and ethnically diverse households. It is acknowledged and agreed that the Affordable AFFH Units must comply with the terms of the Settlement Agreement, which, among other things, bans local residency requirements and preferences and other selection preferences that do not affirmatively further fair housing (AFFH) as set forth in 42 U.S.C. Section 5304(b)(2) and as required pursuant to the Settlement Agreement.
6. County Legal and Equitable Relief. Until the expiration of the County Period of Affordability, the injury to the County arising from material noncompliance with the terms of this Declaration, including without limitation compliance with the Plan Requirements and Affordability Requirements would be great, and the amount of consequential damage would be difficult to ascertain and may not be compensable by money alone. Therefore, in the event of any such non-compliance which remains uncured for thirty (30) days after service on the Developer of written notice thereof, the County, at its option, may apply to any state or federal court for: (A) specific performance of this Declaration, including without limitation Schedule “B” hereto; (B) injunctive relief against any noncompliance; and/or (C) seek any and all appropriate legal and/or equitable remedies, including, but not limited to, damages, reasonable attorney’s fees, disbursements and court costs, in such amounts as shall be allowed by the court.
7. Town Legal and Equitable Relief: During the Town Period of Affordability, the injury to the Town arising from material noncompliance with the terms of this Declaration, including without limitation compliance with the Plan Requirements and Affordability Requirements until the expiration of the Town Period of Affordability, would be great and the amount of consequential damage would be difficult to ascertain and may not be compensable by money alone. Therefore, in the event of any such non-compliance which remains uncured for thirty (30) days after service on the Developer of written notice thereof, the Town, at its option, may apply to any state or federal court for: (A) specific performance of this Declaration, including without limitation Schedule “B” hereto; (B) injunctive relief against any noncompliance; and/or (C) seek any and all appropriate legal and/or equitable remedies, including, but not limited to, damages, reasonable attorney’s fees, disbursements and court costs, in such amounts as shall be allowed by the court.
8. Financing. Until expiration of the Restricted Sales Period, the Developer, the unit owners, and their successors and assigns, shall not enter into any financing or any other transaction which may create any mortgage, lien or other encumbrance upon the Affordable Housing Property and/or the Development, or any portion thereof, whether by express agreement or operation of law, except for (i) the initial construction financing for the Development (the “Initial Financing”), without having first obtained the written consent of the Commissioner (the “Commissioner”) of the Westchester County Department of Planning until the expiration of the County Period of Affordability and the Town Supervisor during and until the expiration of the Town Period of Affordability.
Until the expiration of the Restricted Sales Period, the Developer, the unit owners, and their respective successors and assigns, shall provide the County and/or the Town, in a timely manner, with copies of any notice of default or non-compliance delivered in connection with any of Developer’s financing for the Development.
9. Conveyance. Until expiration of the Restricted Sales Period, the Developer is prohibited from transferring fee title to the Affordable Housing Property, with the exception of a transfer of the fee title due to foreclosure or issuance of a deed in lieu of foreclosure. Notwithstanding anything to the contrary herein, until expiration of the Restricted Sales Period no conveyance of any other interest in the Affordable Housing Property or any portion thereof, including without limitation the Affordable AFFH Units, may be made without having first having obtained the written consent of the Commissioner until the expiration of the County Period of Affordability and the Town Supervisor during and until the expiration of the Town Period of Affordability.
3 Until the expiration of the Restricted Sales Period, no instrument conveying any interest in the Property or any portion thereof, shall be issued unless it contains the following language:
This conveyance is made subject to the obligations and the restrictions set forth in that certain Declaration of Restrictive Covenants, dated ______, 2013 recorded in the Westchester County Clerk’s Office on ______, 2013 under control no. ______(the “Declaration”). The Declaration runs with the land and binds the property, and is enforceable against the property's owner, any subsequent purchasers and all of their respective legal representatives, executors, administrators, heirs, successors and assigns. The Declaration shall survive any foreclosure or the issuance of a deed in lieu of foreclosure and shall not terminate until the expiration of the Restricted Sales Period and both the County and Town Periods of Affordability. The Declaration shall bind the Property for a period of ninety-nine (99) years from the date of the last initial sale of an AFFH unit, and, with respect to the units, the Declaration shall inure to the benefit of and be enforceable by the County of Westchester until the expiration of the fifty (50) year County Period of Affordability (the “County Period of Affordability”) commencing on the Initial Unit Sales Dates (as defined in the Declaration) of the AFFH Units through the fiftieth (50th) anniversary of the Initial Unit Sales Dates, and shall inure to the benefit of and be enforceable by the Town of Greenburgh for the forty-nine (49) year period commencing on the fiftieth (50th) anniversary of the Initial Unit Sales Dates and terminating ninety-nine (99) years from the Initial Unit Sales Dates (the “Town Period of Affordability”). The Declaration may not be altered or removed prior to the expiration of the Restricted Sales Period without the written permission of the County and Town during the County Period of Affordability and the Town during the Town Period of Affordability, all as more fully set forth in said Declaration.
10. Run with the Land. The covenants and restrictions contained herein shall run with the land and bind the Affordable Housing Property, and shall be enforceable against the owner(s) of the Affordable Housing Property and units, as well as the improvements thereon including without limitation the Development, and shall inure to the benefit of and be enforceable by the County until the expiration of the County Period of Affordability and the Town until the expiration of the Town Period of Affordability, and may not be altered or removed prior to the expiration of the County Period of Affordability without the written permission of the County and Town, and prior to the expiration of the Town Period of Affordability without the written permission of the Town. This Declaration of Restrictive Covenants shall survive any foreclosure or the issuance of a deed in lieu of foreclosure.
11. Recording. This Declaration of Restrictive Covenants shall be submitted for recording in the Office of the County Clerk, Division of Land Records, County of Westchester, State of New York. The Developer hereby agrees to execute all additional documents as may be necessary to record this Declaration of Restrictive Covenants and pay all recording fees as may be required.
12. Applicable Law. The Developer, its successors and assigns, shall comply, at its own expense, with the provisions of all applicable local, state and federal laws, rules and regulations, including, but not limited to, all fair housing laws, and those laws applicable to the Developer as an employer of labor.
13. Invalidity. In the event any of the covenants, restrictions or provisions herein are determined to be invalid by judgment or court order, the remaining provisions hereof shall not be affected and shall continue in full force and effect.
14. Conflict. The Developer shall use all reasonable means to avoid any conflict of interest with the County and shall immediately notify the County in the event of a conflict of interest. The Developer shall also use all reasonable means to avoid any appearance of impropriety. 4 15. County Approvals. During the County Period of Affordability, this Declaration shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of the County and the Town. It is hereby acknowledged that any request for approval or consent of the County is subject to the receipt by the County Department of Planning of any and all necessary County approvals. It is further acknowledged that in no event, shall any delay or failure of the Westchester County Board of Legislators and/or Westchester County Board of Acquisition and Contract to appoint or approve any action be deemed to be unreasonable.
16. Town Approvals: During the Town Period of Affordability, this Declaration shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of the Town. It is hereby acknowledged that any request for approval or consent of the Town is subject to the receipt by the Town Supervisor of any and all necessary Town approvals. It is further acknowledged that in no event, shall any delay or failure of the Town Board to appoint or approve any action be deemed to be unreasonable.
17. Captions. The captions are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Declaration nor the intent of any provision thereof.
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5 IN WITNESS WHEREOF, the parties have executed this Declaration of Restrictive Covenants on the date written above.
THE COUNTY OF WESTCHESTER
By: ______Name: Robert P. Astorino Title: County Executive
ACKNOWLEDGED AND AGREED TO BY:
ARDSLEY WATERWHEEL PARTNERS, LLC
By: 458 Properties, LLC, its sole member
By: ______Name: Conrad J. Roncati Title: Sole Member
TOWN OF GREENBURGH
By: ______Name: Title:
Record and Return to: Property Affected:
Westchester County Town of Greenburgh Attn: County Attorney’s Office Section 6.2, Block 3, Lots 7, 8, 9 & 10 148 Martine Avenue - Room 600 White Plains, NY 10601
6 ACKNOWLEDGMENT
STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER )
On the __day of ______in the year 20_____before me, the undersigned, personally appeared Robert P. Astorino, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Date: ______Notary Public
RPL § 309-a; NY CPLR § 4538
7 ACKNOWLEDGMENT
STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER )
On the __day of ______in the year 20_____ before me, the undersigned, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Date: ______Notary Public
RPL § 309-a; NY CPLR § 4538
8 ACKNOWLEDGMENT
STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER )
On the __day of ______in the year 20_____ before me, the undersigned, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Date: ______Notary Public
RPL § 309-a; NY CPLR § 4538
9 SCHEDULE “A” to the Declaration of Restrictive Covenants
ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Greenburgh, County of Westchester and State of New York bounded and described as follows:
10
THIS IS OUT OF ORDER SCHEDULE "B"
WESTCHESTER COUNTY AFFORDABLE HOUSING HOME OWNERSHIP POLICY PROVISIONS
A. PURPOSE
ARDSLEY WATERWHEEL PARTNERS, LLC, a New York limited liability company, having an address at Two Executive Drive, Suite 600, Fort Lee, New Jersey 07024 (the “Developer” and/or the “Recipient”) has entered into an agreement with Westchester County on even date herewith (the “Agreement”) pursuant to which the Developer shall construct fair and affordable housing located at 867 Saw Mill River Road in the Village of Ardsley (the “Village”) identified on the tax map as Section: 6.2, Block: 3, Lot 7, 8, 9 & 10, which real property is more particularly described in Schedule “A” annexed hereto and made a part hereof, (the "Property"). The development will include a total of 22 residential housing units (the “Units” or the “Development”) consisting of 17 fair and affordable ownership townhomes that affirmatively further fair housing (the "AFFH Units") and 5 locally defined workforce housing units (the “Workforce Units”).
During the construction of the Project, the Developer shall carry out work including, but not limited to, the following: Construction of Units, related facilities and related site work in accordance with the development budget contained herein as more fully described in Section B below. Construction of the Project, including without limitation the Units, on the Property shall be in accordance with the following plans: (1) Site Plan titled “Ardsley Waterwheel Partners, LLC, Section 16, Sheet 01A, Block 0000, Lot P4, 867 Saw Mill River Road/NYSH Route 9A village of Ardsley, Town of Greenburgh, New York” as prepared by Bertin Engineering Associates, Inc, dated 8/25/10 and last revised 1/9/13; and (2) “Proposed Residential Development, Section 6.20, Block 3 Lot 7, 8, 9 & 10, 867 Saw mill River Road/N.Y.S.H. Route 9A, Village of Ardsley, Town of Greenburgh, New York” as prepared by Architectura dated 3/15/12, which are incorporated herein by reference (the "Plans") and as both may be revised.
Construction shall commence in accordance with the Plans on or before __February 15, 2013_ ("Construction Commencement"). Construction shall be completed on or _August 31 __, 2014 ("Construction Completion"). In order to be deemed completed, the Developer shall provide to the County of Westchester (the “County”) a valid appropriate temporary certificate of occupancy for the Project ("Certificate of Occupancy") or such other evidence of completion of the Project as may be acceptable to the County. The Developer shall report to the County on its progress towards completion of the work as the Commissioner may request.
Any defined terms used herein and not defined herein shall have the meaning ascribed to them in the Agreement.
Affordability Requirements
The Development shall be in the form of a condominium. Until the expiration of the Periods of Affordability defined below, the Units will be sold and re-sold to households with incomes at or below 80% of the area median income ("AMI") for Westchester County ("Affordability Requirements") as published by the United States Department of Housing and Urban Development ("HUD") and described in Section C set forth below. These income limits and sale price limits are subject to change based on the median income levels at the time of initial occupancy, and subsequent occupancies, as established by HUD. Each unit must be occupied by the owner thereof; no right to sublet a unit will be permitted.
The Affordability Requirements must remain in effect for a period of 99 years (the "Periods of Affordability" and/or the “Restricted Sales Period”) commencing from the date of the initial sale of each Unit.
Notwithstanding anything to the contrary contained herein, the County will administer the affordability requirements of the AFFH Units pursuant to this Declaration for the fifty (50) year period (the “County Period of Affordability”) commencing on the dates of the initial sale of each AFFH Unit (collectively the “Initial Unit Sales Dates”) through the fiftieth (50th) anniversary of the Initial Unit Sales Dates, at which time the County’s interest shall extinguish, and the Town of Greenburgh shall administer the affordability requirements pursuant to this Declaration for the forty-nine (49) year period commencing on the fiftieth (50th) anniversary of the Initial Unit Sales Dates and terminating ninety-nine (99) years from the Initial Unit Sales Dates (the “Town Period of Affordability”). Any reference in this Schedule “B” to the “County” shall be construed to be a reference to the Town of Greenburgh during the Town Period of Affordability.
The Developer will ensure that any successor in interest to it, including unit owners, will comply with all the provisions of this Schedule "B."
B. BUDGET Sources and Uses of funds for the aforementioned project ("Project") are set forth below:
Development Financing
Allocation for Allocation for 11 Home Allocation for Sources of Construction TOTAL 17 Units Units 5 Units Financing: Amount @80%ami @80%ami @120%ami FAH Acquisition -Allocation for 17 of 22 Units $935,000 $935,000 Developer Acquisition - Allocation for 5 of 22 Units $275,000 $275,000 $1,210,000 $935,000 $275,000
Construction Loan $3,680,000 $2,409,647 $1,270,353 Developer Guarantee/Funds $346,979 $268,120 $78,859 Westchester County HOME - CHDO $494,550 $494,550 New York State AHC - Allocation for 17 of 22 units $680,000 $680,000 FAH Site Work $735,000 $735,000 Developer Fee $714,653 $552,232 $162,421 TOTAL $7,861,182 $5,579,999 $494,550 $1,786,633 Cost Allocation for Cost Cost Allocation 11 Home Allocation for Uses of Construction TOTAL for 17 Units Units 5 Units Financing: Amount @80%ami @80%ami @120%ami Acquisition $1,210,000 $935,000 $275,000 Construction (Hard) $3,680,655 $2,349,593 $494,550 $836,513 Soft Costs $1,087,500 $840,341 $247,159 Site Construction $1,168,374 $902,834 $265,540 Developer's Fee- Take out on Completion $714,653 $552,232 $162,421 TOTAL $7,861,182 $5,580,000 $494,550 $1,786,632
Permanent Financing
Cost Allocation for Cost Cost Allocation 11 Home Allocation for TDC Sources of Permanent TOTAL for 17 Units Units 5 Units Financing/takeout: Amount @80%ami @80%ami @120%ami HOME (11 of 22 Units) $494,550 $494,550 FAH Acquisition (17 of 22 Units) $935,000 $935,000 FAH Site (17 of 22 Units) $735,000 $735,000 New York State AHC - (17 of 22 Units) $680,000 $680,000 Sales Proceeds $5,016,632 $3,230,000 $1,786,700 TOTAL $7,861,182 $5,580,000 $494,550 $1,786,700 Cost Allocation for Cost Cost Allocation 11 Home Allocation for TDC Uses of Permanent TOTAL for 17 Units Units 5 Units Financing Amount @80%ami @80%ami @120%ami Repayment of Acquisition and Construction Loan $4,301,979 $2,409,647 $1,270,353 Acquisition $935,000 $935,000 $275,000 AHC $680,000 $680,000 HOME $494,550 $494,550 FAH Site Work $735,000 $735,000 Developer's Fee $714,653 $552,232 $162,421 TOTAL $7,861,182 $5,311,879 $494,550 $1,707,774 It should be noted that the foregoing total sources of funds is equivalent to the total development cost which is noted within the development budget included within Attachment "1" of this Schedule "B."
It is also understood and agreed that the County of Westchester (the "County") will be provided with plans, drawings and specifications by the Developer prior to construction, and that the County may visit the site during construction and may inspect the Project for substantial completion. The Developer agrees to make any changes necessary promptly to comply with this Schedule "B" if required as a result of the County’s inspection.
The Developer is required to submit a final development budget cost certification and waiver of lien releases to the County upon completion of the proposed construction.
C. INITIAL SALE REQUIREMENTS
Allocation of Affordable Units for Sale*:
HOME Bed- Income Limit Family Size (est. Estimated Estimated Unit room Square AFFH Units & 1.5 persons/ Income Initial Net Unit # Y/N Size Foot Workforce Units Bedroom) Limit 2 Sale Price1 101 Y 2-BR 1275 80% AMI 3 $77,700 $188,000 102 N 3-BR 1729 120% AMI 4 $ 129,500 $ 362,300 103 Y 2-BR 1200 80% AMI 3 $77,700 $188,000 104 Y 2-BR 1200 80% AMI 3 $77,700 $188,000 105 Y 2-BR 1275 80% AMI 3 $77,700 $188,000 106 Y 3-BR 1729 80% AMI 4 $ 86,300 $ 202,500 201 Y 2-BR 1275 80% AMI 3 $77,700 $188,000 202 N 3-BR 1729 120% AMI 4 $ 129,500 $ 362,300 203 Y 2-BR 1200 80% AMI 3 $77,700 $188,000 204 Y 2-BR 1200 80% AMI 3 $77,700 $188,000 205 N 2-BR 1275 120% AMI 3 $ 129,500 $ 349,900 206 N 3-BR 1729 80% AMI 4 $ 86,300 $ 202,500 301 N 2-BR 1275 80% AMI 3 $77,700 $189,000 302 N 3-BR 1729 120% AMI 4 $ 129,500 $ 362,300 303 N 2-BR 1200 80% AMI 3 $77,700 $189,000 304 Y 2-BR 1200 80% AMI 3 $77,700 $ 188,000 305 N 2-BR 1275 120% AMI 3 $ 86,300 $ 349,900 306 Y 2-BR 1200 80% AMI 3 $77,700 $188,000 401 N 2-BR 1182 80% AMI 3 $77,700 $189,000 402 N 2-BR 1182 80% AMI 3 $77,700 $189,000 403 Y 2-BR 1182 80% AMI 3 $77,700 $188,000 404 N 2-BR 1182 80% AMI 3 $77,700 $189,000 1 Average subsidized sales prices based upon current development budget and proposed subsidies outlined herein. 2 Estimated Income Limit subject to variance based on family size and are updated by HUD annually. * Until the expiration of the Period of Affordability:
Requirements of the HOME Investment Partnerships Act of 1990, Public Law 101-625, 42 U.S.C. 12701 et seq. (the "HOME Program" or "HOME"), and its implementing regulations, 24 CFR 92 (the "HOME Program Regulations") shall be deemed to apply to the Units. Income limits may increase or decrease year-to-year, as determined by HUD.
Prior to the initial sale of each of the Units the Developer shall obtain the written approval of the County with respect to the initial purchasers of the Units. In connection therewith the Developer shall provide documentation, acceptable to the County, verifying that the initial purchasers of the Units meet the Affordability Requirements. In addition, the County's written approval must be obtained for any initial sale in excess of the above "Estimated Initial Sale Price" (refer to Section E - Developer & Subsequent Owner Restrictions (below) and Schedule B-1, attached hereto and made a part hereof, for additional requirements). In furtherance of the foregoing, the Developer shall provide a notice to the County at least forty- five (45) days prior to the proposed closing date for any such Unit in writing to the Westchester County Commissioner of Planning, Michaelian Office Building, Room 432, 148 Martine Avenue, White Plains, New York, 10601. Said notice shall provide a date of closing for each initial proposed sale of a Unit, and provide a name, address and telephone number of an individual to contact concerning the notice which shall enumerate the purchase price and the income of each of the proposed initial purchasers of the Units. The Developer shall provide any additional documentation requested to substantiate any of the above sums, including but not limited to, income tax returns and employment verification letters for the proposed initial purchasers. It should be noted that the County shall have the right to appoint a designee ("Designee") to make any of the approvals required in this Schedule "B". Approval of any such Designee shall be deemed approval of the County.
D. SUCCESSOR PROGRAM
In the event that the HOME program ("HOME") or its successor program, is no longer in existence during the Period of Affordability, the County reserves the right to designate the housing program to be applied that corresponds to affordable housing sales prices to be paid by the respective households falling within 80% of the AMI and to enforce the Period of Affordability.
E. DEVELOPER & SUBSEQUENT UNIT OWNER REQUIREMENTS AND RESTRICTIONS
Project Record Keeping and Monitoring
In order to carry out the federally-mandated project recordkeeping and monitoring responsibilities, the County of Westchester requires that the following activity be carried out by the Developer and that adequate records be kept to document the implementation of said activities.
∑ The Developer will assist the County in filling out the appropriate HUD form(s), including without limitation, the Homebuyer/Homeowner Completion Report upon sale of the Units, which shall include number of units, family size, race, ethnicity and income. ∑ The Developer will provide documentation satisfactory to the County that all County and HOME assisted units comply with all applicable local building codes and have been inspected by a qualified inspector.
∑ The following project records will be kept by the Developer and given to Westchester County Department of Planning at the time of occupancy on all County and HOME units:
∑ Documentation of compliance with Housing Quality Standards ("HQS") and applicable local property standards.
∑ Documentation of household incomes and composition for households benefiting from the use of County and HOME funds. The project completion report may be used to satisfy this requirement.
∑ Documentation of the per Unit use of County and HOME funds.
∑ Documentation of compliance with all federal requirements, including without limitation, the following:
* Affirmative marketing procedures; * Compliance with Lead-Based Paint and Davis-Bacon Requirements, as applicable; * Compliance with relocation requirements, if applicable; * Evidence of flood insurance, if applicable; * Environmental review compliance; and * Compliance with conflict of interest rule.
∑ Records for each family assisted through initial sales of Units, the appraised value of the property, the purchase price, and the rehabilitation costs, if any.
The County retains the right, upon reasonable notice to the Developer, to review all of Developer’s records for the purposes of establishing the Developer’s compliance with the provisions of the Agreement; and the Developer must permit the County, or the County’s authorized representative, access to such records for such purposes.
The Developer has the further obligation to diligently prepare, complete and/or file any reports, forms, questionnaires or other documents which the County may request the Developer to prepare, complete and/or file for or with the County or a third party.
Developer Marketing, Homebuyer Selection, Eligibility and Education
The Developer will contract with a housing counseling agency approved by Westchester County to provide the following services:
∑ Homebuyer selection pursuant to the project’s approved marketing plan; ∑ Homebuyer income eligibility and certification that the homebuyer household is eligible and qualified; and ∑ Homebuyer counseling and education in preparation for homeownership and mortgage readiness.
The Developer expressly agrees that the Development must be marketed in accordance with the Settlement Agreement and specifically in accordance with the requirements contained in the approved Housing Development Affirmative Fair Housing Marketing Plan Requirements (the “Plan Requirements”), attached hereto as Attachment 3, which can also be found on that County’s website, http://homes.westchestergov.com/housingsettlement, as Appendix G-1(ii), which is attached hereto and forms a part hereof as Attachment No. 2. The Developer agrees comply with the Plan Requirements, as may be amended from time to time. See specific marketing requirements in Section H., below.
Deed Restriction
In the event of the sale or other transfer of the Property or the Units prior to the expiration of the Period of Affordability, the Developer or subsequent purchaser(s) of the Property or the Units shall cause or require a covenant running with the land to be inserted in the deed for each transfer in the following form:
This conveyance is made subject to the obligations and the restrictions set forth in that certain Declaration of Restrictive Covenants, dated ______, 2013 recorded in the Westchester County Clerk’s Office on ______, 2013 under control no. ______(the “Declaration”). The Declaration runs with the land and binds the property, and is enforceable against the property's owner, any subsequent purchasers and all of their respective legal representatives, executors, administrators, heirs, successors and assigns. The Declaration shall survive any foreclosure or the issuance of a deed in lieu of foreclosure and shall not terminate until the expiration of the Restricted Sales Period. The Declaration shall bind the property for a period of ninety-nine (99) years from the date of the last intial sale of an AFFH unit. With respect to the units, the Declaration shall inure to the benefit of and be enforceable by the County of Westchester until the expiration of the fifty (50) year County Period of Affordability (the “County Period of Affordability”) commencing on the Initial Unit Sales Dates (as defined in the Declaration) of the AFFH Units through the fiftieth (50th) anniversary of the Initial Unit Sales Dates, and shall inure to the benefit of and be enforceable by the Town of Greenburgh for the forty-nine (49) year period commencing on the fiftieth (50th) anniversary of the Initial Unit Sales Dates and terminating ninety-nine (99) years from the Initial Unit Sales Dates (the “Town Period of Affordability”). The Declaration may not be altered or removed prior to the expiration of the Restricted Sales Period without the written permission of the County and Town during the County Period of Affordability and the Town during the and during the Town Period of Affordability, all as more fully set forth in said Declaration.
Offering Plan (If A Condominium) The Developer shall include information with respect to the below listed items in the Project offering plan (the "Offering Plan") under the heading "County of Westchester Restrictions": ∑ Declaration of Restrictive Covenants, including but not limited to, the Affordability Requirements and Period of Affordability contained therein; ∑ Marketing & Resale Requirements / Restrictions (see also Section H below); ∑ Resale and Refinancing Requirements / Restrictions (see also Schedule B-1 below); ∑ Obligations of the Home Owners Association or Condominium Association with respect to maintenance of certain infrastructure improvements, if any; and ∑ Principal Place of Residence Requirement; and ∑ Deed Restriction.
Unit Owners - Resale Refinancing and Recapture
In order to insure that the Units remain affordable until the expiration of the Period of Affordability, owners of the Units must comply with the Westchester County Resale, Refinancing and Recapture Policy Provisions, as more fully set forth in Schedule B-1 hereto until the expiration of the County and Town Periods of Affordability. . Owners must additionally comply with the requirements imposed by the Settlement Agreement, including without limitation marketing accordance with the Plan Requirements (defined below).
Homeowners of 1-4 Family Owner-Occupied Units
Upon completion of the initial marketing and occupancy of any unit, during the Restricted Sales Period the marketing consultant will be authorized, and must undertake re- marketing and income eligibility review and approval of all subsequent residents, in accordance with the County’s requirements of the below types of properties. Such work includes, but is not limited to: ∑ Identification and selection of a new homebuyer of all units, where the initial or subsequent owner is selling or transferring their unit;
Unit Owners - Principal Place of Residence Requirement
A purchaser of a Unit (the "Owner") must occupy said Unit as their principal place of residence until sale of said Unit in compliance herewith or expiration of the applicable Period of Affordability, whichever comes first. The County, or its Designee, shall verify this on an annual basis. Owners of the Units during the County and Town Periods of Affordability shall provide the County and Town (as applicable) with proof satisfactory to make this verification.
Occupancy Standards for Units In accordance with the definition of family promulgated by the New York State Division of Housing and Community Renewal ("DHCR"), as may be amended from time to time, a family selected to purchase a Unit, , whether by the Developer or subsequent Unit Owner, may include an individual with or without children. Such a family is defined as a group of people related by blood, marriage, adoption or affinity that lives together in a stable family relationship. (See DHCR statewide Section 8 Voucher Program, Section 8 Administrative Plan dated April 1, 2006, § 4.01). This definition should be used when determining the occupants of a Unit. Additionally, the County has adopted the below occupancy standards based on Unit size.
Number of Minimum Number of Maximum Number Bedrooms Persons Per Household Persons Per Household
0 BR 1 1 1BR 1 3 2BR 2 5 3BR 3 7
The above standards must be used to determine the family size for each unit based on the number of bedrooms. If the family receives a Section 8 subsidy, the more restrictive standard established by DHCR will be applied. These standards are also subject to local occupancy and building codes.
F. NON-DISCRIMINATION (including Deed Restriction Requirement)
The Units and their respective operations are subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352 42 USC 2000d-2000d4 Non discrimination in Federally Assisted Programs) and all applicable HUD regulations including, without limitation, the regulations under 24 CFR Part 1. In the event of the sale or other transfer of the Property or the Units prior to the expiration of the Restricted Sales Period, the Developer or subsequent purchaser of the Property or the Units shall cause or require a covenant running with the land to be inserted in the deed for each transfer prohibiting discrimination upon the basis of race, color, religion, sex, national origin, or any other basis prohibited by law in the sale or in the use or occupancy of such land or any improvements erected thereon, and providing that the Developer and the United States are beneficiaries of and entitled to enforce such covenant.
It is understood and acknowledged that the County maintains a zero tolerance policy prohibiting all forms of harassment or discrimination.
G. PROPERTY STANDARDS
At the time of initial occupancy and continuing throughout the Period of Affordability, all Units must meet all applicable federal, state and local laws, rules, regulations, codes, rehabilitation standards, ordinances and zoning ordinances etc. including without limitation the Housing Quality Standards ("HQS") set forth in 24 CFR Part 92.251, 92.209(i), 200.925, 200.926, 982.401, and 3280 and all lead-based paint requirements as set forth in 24 CFR Part 35. The Developer shall ensure that, at the time of initial occupancy, all Units are in compliance with the applicable standards set forth above. Following initial sale of the Unit(s), the Owner of such Unit becomes and remains responsible for such compliance.
H. AFFIRMATIVE FAIR HOUSING MARKETING
The Developer and all unit owners will market the Units in accordance with the Plan Requirements. The marketing plan for the Development prepared in accordance with the Plan Requirements must receive the written approval of the Commissioner.
Marketing Consultant and Marketing Agent
∑ As required pursuant to the Settlement Agreement, the County has selected a marketing consultant (the “Marketing Consultant”) pursuant to the issuance of a request for proposals (the “RFP”). The Developer agrees to contract with the Marketing Consultant, at Developer’s sole cost and expense, to draft the marketing plan for the Development, pursuant to the Plan Requirements, as well implement certain elements thereof.
1. The Marketing Consultant will centralize marketing functions of the AFFH units, as described in greater detail below.
2. The Marketing Consultant will take primary responsibility for drafting each Plan and submitting it to the County for approval.
3. The Developers may supplement the Marketing Consultant’s outreach activities and other activities as appropriate , all as more fully set forth in the Plan Requirements.
∑ The Developer and/or unit owner may hire and/or designate a firm or individual, to handle determinations selection procedures (the “Marketing Agent”). Developers will not be required to hire a Marketing Agent. Any individuals involved in counseling and qualifying residents shall not be involved in marketing activities and the selection of residents. The Marketing Agent may also serve as a property manager, as appropriate. The Plan must be specific with regard to the role and responsibility of the Developer, the Marketing Agent, if any, and/or the property manager, if any.
The Developer and/or unit owner(s) will market the Units in accordance with the affirmative fair housing marketing plan attached hereto as Attachment No. 3 (the "Marketing Plan"). The Marketing Plan has received the written approval of the Commissioner.
I. HOMEOWNER SELECTION POLICIES AND CRITERIA
Developer has adopted written homeowner selection policies and criteria which are included in the Marketing Plan and comply with all applicable federal, state and local laws, rules, regulations. In accordance with the Settlement Agreement, until the expiration of the Period of Affordability, individual Unit Owners who choose to sell their unit must comply with the approved Marketing Plan. Such sellers must contract with the Marketing Consultant, at their sole cost and expense, to market said Unit and income qualify potential purchasers.
J. SURVIVAL
The provisions of this Schedule B shall survive expiration or other termination of the Agreement and shall remain in effect until the expiration of the Periods of Affordability.
K. ATTACHMENTS
Attachments 1 and 2, which are attached hereto and made a part hereof, as follows:
The Development Budget for the construction of the proposed development is shown in Attachment 1.
The HOME Budget for those construction costs to be paid under the HOME Program is shown in Attachment 2.
The approved Plan Requirements have been attached hereto and forms a part hereof as Attachment No. 3. Attachment 1 to Schedule B
TOTAL DEVELOPMENT BUDGET FAH Infra- Cost (5 of 22) structure FAH Infra- Total Cost and Ineligible Eligible structure Purpose/Use Development Cost (17 of 22) Costs Items for 17 units
Land Acquisition $1,210,000 $935,000 $275,000
Construction Costs/General Conditions Project Manager $95,000 $73,409 $21,591 Temp Electrical $10,000 $7,727 $2,273 Temp Water $5,000 $3,864 $1,136 Temp Phone $1,000 $773 $227 Moble Phones $1,400 $1,082 $318 Temp Toilets $2,500 $1,932 $568 Prooject Signage $1,000 $773 $227 Office Supplies $1,500 $1,159 $341 Drinking Water $500 $386 $114 First Aid $500 $386 $114 Safety Equipment $1,000 $773 $227 Safety Signs $500 $386 $114 Job Site Fire Extingushers $500 $386 $114 Printing $2,000 $1,545 $455 Site Engineering $3,500 $2,705 $795 Clean-Up $15,000 $11,591 $3,409 Final Clean-Up $10,000 $7,727 $2,273 Dumpsters $13,000 $10,045 $2,955 Office Trailer $4,500 $3,477 $1,023 Equipment Rental $1,000 $773 $227 Gas $2,000 $1,545 $455 Food Allowance $1,000 $773 $227 Liability Insurance $15,000 $11,591 $3,409 Subtotal $187,400 $144,809 $42,591 Site Work (Buildings) Site Grading @ Buildings $11,000 $8,500 $2,500 Erosion Control @ Buildings $7,500 $5,795 $1,705 $18,500 $14,295 $4,205 (Continued Next Page) FAH Infra- Cost (5 of 22) structure FAH Infra- Total Cost and Ineligible Eligible structure Purpose/Use Development Cost (17 of 22) Costs Items for 17 units Concrete Footings/Foundations $96,000 $74,182 $21,818 Slab on Grade $77,000 $59,500 $17,500 Anchor Bolts $4,000 $3,091 $909 Pour Stair Steps $11,000 $8,500 $2,500 Subtotal $188,000 $145,273 $42,727 Masonry Brick Masonry $165,000 $127,500 $37,500 Flashings $8,200 $6,336 $1,864 Sealants $4,400 $3,400 $1,000 Tyvek $9,300 $7,186 $2,114 Subtotal $186,900 $144,423 $42,477 Steel Beams $12,000 $9,273 $2,727 Stairs $33,000 $25,500 $7,500 Lintels $6,500 $5,023 $1,477 Subtotal $51,500 $39,795 $11,705 Wood and Plastics Rough Carpentry $255,000 $197,045 $57,955 Finish Carpentry $125,000 $96,591 $28,409 Millwork $110,000 $85,000 $25,000 Subtotal $490,000 $378,636 $111,364 Thermal and Moisture Protection Insulation Walls $43,000 $33,227 $9,773 Attic Insulation $24,000 $18,545 $5,455 Fire Caulking $8,000 $6,182 $1,818 Shingles $64,800 $50,073 $14,727 Flashings $5,500 $4,250 $1,250 Standing seam $13,400 $10,355 $3,045 Gutters/Down Spouts $16,200 $12,518 $3,682 Sealants $4,500 $3,477 $1,023 EIFS System $132,000 $102,000 $30,000 Exterior Caulking $4,000 $3,091 $909 Ridge Vents $3,000 $2,318 $682 Subtotal $318,400 $246,036 $72,364 Doors and Windows Doors, Frames Hardware $88,000 $68,000 $20,000 Windows and Doors $185,000 $142,955 $42,045 Subtotal $273,000 $210,955 $62,045 (Continued Next Page) FAH Infra- Cost (5 of 22) structure FAH Infra- Total Cost and Ineligible Eligible structure Purpose/Use Development Cost (17 of 22) Costs Items for 17 units Finishes Shaft Wall $28,000 $21,636 $6,364 Drywall $123,966 $95,792 $28,174 Painting $60,000 $46,364 $13,636 Ceramic Tile $82,000 $63,364 $18,636 Wood Flooring $75,000 $57,955 $17,045 Countertops $22,000 $17,000 $5,000 Carpet/Labor $42,000 $32,455 $9,545 Interior Caulking $800 $618 $182 VCT Flooring $14,000 $10,818 $3,182 Subtotal $447,766 $346,001 $101,765 Construction Bath Accessories $15,000 $11,591 $3,409 Bath Accessories Installation $5,000 $3,864 $1,136 Closet Shelf/Hangers $8,800 $6,800 $2,000 Subtotal $28,800 $22,255 $6,545 Mechanical Mechanical Equipment $95,000 $73,409 $21,591 Mechanical Labor $82,000 $63,364 $18,636 Plumbing Fixtures $110,000 $85,000 $25,000 Plumbing $135,000 $104,318 $30,682 Sprinkler System $110,000 $85,000 $25,000 Subtotal $532,000 $411,091 $120,909 Electrical Electrical Fixtures $86,500 $66,841 $19,659 Electrical $143,000 $110,500 $32,500 Subtotal $229,500 $177,341 $52,159 Specialties Cabling/Cable TV $8,800 $6,800 $2,000 Cabling/Voice $8,800 $6,800 $2,000 Subtotal $17,600 $13,600 $4,000 FF&E Shower Rods $1,080 $835 $245 Mirror $4,800 $3,709 $1,091 Kitchen Equipment $108,000 $83,455 $24,545 Subtotal $113,880 $87,998 $25,882 (Continued Next Page) FAH Infra- Cost (5 of 22) structure FAH Infra- Total Cost and Ineligible Eligible structure Purpose/Use Development Cost (17 of 22) Costs Items for 17 units GC Overhead $369,990 $285,901 $84,089
Subtotal Con-struction Costs $3,453,236 $2,668,410 $784,826 Contingency (5%) $227,419 $175,733 $51,686
TOTAL CONST. COSTS $3,680,655 $2,844,143 $836,513
Infrastructure Work Site Erosion Control $20,900 $8,075 $12,825 $10,450 $8,075 Site Clearing $25,050 $14,257 $10,793 $18,450 $14,257 Site Earthwork/Grading $272,060 $131,232 $140,828 $169,830 $131,232 Asphalt Paving $89,450 $69,120 $20,330 $89,450 $69,120 Curbing $80,500 $62,205 $18,295 $80,500 $62,205 Site Concrete $46,188 $33,558 $12,630 $43,428 $33,558 Pavement Markings $9,050 $6,993 $2,057 $9,050 $6,993 Utility Services $82,170 $0 $82,170 $0 $0 Storm Sewer Systems $235,060 $179,087 $55,973 $231,760 $179,087 Sanitary Sewer Systems $48,566 $27,552 $21,014 $35,656 $27,552 Fencing $16,200 $12,518 $3,682 $16,200 $12,518 Site Signage $1,500 $1,159 $341 $1,500 $1,159 Landscaping $23,430 $18,105 $5,325 $23,430 $18,105 Lighting $48,250 $37,284 $10,966 $48,250 $37,284 Maintenance and Protection of Traffic/NYSDOT Inspection $20,000 $15,455 $4,545 $20,000 $15,455 Contingency $50,000 $38,636 $11,364 $50,000 $38,636 Bid Docs & Infra- structure Const. Management $100,000 $77,273 $22,727 $100,000 $77,273 TOTAL INFRASTRUCTURE $1,168,374 $732,510 $435,864 $947,954 $732,510
(Continued Next Page) FAH Infra- Cost (5 of 22) structure FAH Infra- Total Cost and Ineligible Eligible structure Purpose/Use Development Cost (17 of 22) Costs Items for 17 units Soft Costs Permits $30,000 $23,182 $6,818 Taxes $25,000 $19,318 $5,682 Design: Architect/Engineer $250,000 $193,182 $56,818 Civil Engineer $52,000 $40,182 $11,818 Environmental Engineer $20,000 $15,455 $4,545 Soils/Geotechnical Engineer $15,000 $11,591 $3,409 Legal/Accounting $85,000 $65,682 $19,318 Builders Risk $50,000 $38,636 $11,364 Ardsley Professional (Engineering/Planning) $45,000 $34,773 $10,227 Consultant Reimburseables $7,500 $5,795 $1,705 Marketing $105,000 $81,136 $23,864 Financing Bank Fees $30,000 $23,182 $6,818 Const. Loan Interest $215,000 $166,136 $48,864 Mortgage Recording Tax $8,000 $6,182 $1,818 Title Insurance $48,000 $37,091 $10,909 Project Management $50,000 $38,636 $11,364 Soft Cost Contingency (5%) $52,000 $40,182 $11,818 TOTAL SOFT COSTS $1,087,500 $840,341 $247,159 DEVELOPER'S FEE (10%) $714,653 $552,232 $162,421 TOTAL DEVELOPMENT COST $7,861,182 $5,904,225 $1,956,957 Attachment 2 to Schedule B
HOME BUDGET
(Intentionally Omitted) Attachment 3 to Schedule B
PLAN REQUIREMENTS
(ATTACHED HERETO)
HOUSING DEVELOPMENT AFFIRMATIVE FAIR HOUSING MARKETING PLAN REQUIREMENTS
I. Overview...... 1 II. Housing Development Identification...... 2 III. Accessibility/Adaptability Policies...... 3 IV. Marketing Consultant and Marketing Agent ...... 4 V. Direction of Marketing Activities...... 5 VI. Marketing Program...... 5 VII. Homeowner and Rental Tenant Application and Selection Procedures ...... 19 VIII. Assessment of Marketing Efforts...... 23 IX. Future Marketing Activities...... 24 X. Staff Experience and Instructions for Fair Housing Training...... 26 XI. Record Keeping ...... 27 XII. Continued Compliance and Modification of the Plan...... 27 XIII. Signature ...... 27 XIV. Sample Appendices...... 28
I. Overview
Westchester County requires the affirmative fair housing marketing of affordable housing units that affirmatively further fair housing (the “AFFH units”). This marketing will be conducted under a two-pronged approach so as to reach all potentially eligible households, especially those least likely to apply (“LLA”). The County will conduct its own marketing, under the Westchester County Affirmative Fair Housing Marketing Plan (the “Westchester County AFHMP”), and also will require that developers of housing developments work with the county- selected Marketing Consultant (see Section IV.A below) to prepare and implement a Housing Development Affirmative Fair Housing Marketing Plan (the “Plan”) for all specific housing developments. The purpose of the Plan is to ensure outreach to racially and ethnically diverse households. The Plan must include all of the required elements listed herein, and must receive the written approval of the County. Below are the requirements for the Plan. Housing Development – Affirmative Fair Housing Marketing Plan Requirements
II. Housing Development Identification
For each development funded by the County, the development-specific Plan must include the following information:
Owner [Name] [Address] [Phone] [Email]
Developer [Name] [Address] [Phone] [Email]
Sponsor [Name] [Address] [Phone] [Email]
Property Manager [Name] [Address] [Phone] [Email]
Housing Development [Name] [Address] [Phone] [Email]
Marketing Agent [Name] [Address] [Phone] [Email]
Number of Units to be Marketed [Unit Breakdown]
Target Income [% of Area Median Income (“AMI”)] Net Purchase/Rental Price [Price range for each type of unit]
Construction Status [Type; Target Dates for Construction, Marketing, Occupancy] Census Tract [Census Tract Numbers]
Housing Development – Affirmative Fair Housing Marketing Plan Requirements ______
Local Market Area (“LMA”) [Description of LMA]
Marketing and Outreach Area Westchester County, NY Putnam County, NY Rockland County, NY Fairfield County, CT New York City (five boroughs)
III. Accessibility/Adaptability Policies
Below is a list of policies (based on the New York State Office of Fair Housing and Equal Opportunity (“OFHEO”) Marketing Plan Guidelines) to be used in formulating specific plans. The Plan should state or include:
A. Of the total number of units, how many units are accessible and how many units are adaptable.
B. A description of how requests for reasonable accommodations will be handled, who will be authorized to approve or deny any such requests, and an appeal process for denied reasonable accommodation requests.
C. A statement noting whether the development has a Telecommunication Device for the Deaf (“TDD”) or an equally effective communication system available to the residents.
D. A description of any procedures established to accommodate the hearing and sight impaired. (Examples of methods to be used might include readers, signs language, interpreters, and Braille materials.)
E. State whether priority will be given for fully accessible units to persons who are in need of the special design features of an accessible unit, and if priority will be given first to those living in the complex and then to persons on the waiting list.
F. A statement that before accessible units are temporarily rented to persons who do not need the special design features, whether there have been diligent marketing efforts to market the units to special need persons, and how those efforts are to be documented.
G. For those rental developments including such units, whether marketing efforts will continue after rental of units to someone who does not need the special design feature.
H. State whether lease clauses will be included to require non-special needs occupants to relocate to another unit in the building if the unit is needed by aspecial needs person. Housing Development – Affirmative Fair Housing Marketing Plan Requirements
I. A description of the policies and procedures that will be used to verify an applicant’s disability and noting such information will be limited to only that which is needed to establish eligibility. In developing such policy, the Plan should be in accordance with the Joint Statement of the Department of Housing and Urban Development and the Department of Justice Reasonable Modifications Under the Fair Housing Act (March 5, 2008) where, among other provisions, the housing provider should inquire into the nature of the disability only to the extent necessary to determine the reasonableness of a particular accommodation.
J. A statement that verification will be required only after a prospective tenant or homeowner has asked that his or her disability be considered in selection for an accessible or adaptable unit.
K. A description of any policy which permits persons with disabilities to have service and/or companion animals.
L. A description of unit choice options available to persons with disabilities as those expected to be given to other persons applying for the housing units, e.g., an offer for both first- and second-floor apartments.
IV. Marketing Consultant and Marketing Agent
A. To promote uniformity, efficiency, and oversight, the County will select a Marketing Consultant in an RFP or RFQ process. The Developer will work in cooperation with the Marketing Consultant.
1. The Marketing Consultant will centralize marketing functions of the AFFH units, as described in greater detail below.
2. The Marketing Consultant will take primary responsibility for drafting each Plan and submitting it to the County for approval.
3. The Developer will contribute a fee, commensurate with the size of the development, toward the cost of the Marketing Consultant.
4. The Developer may supplement the Marketing Consultant’s outreach activities and other activities as appropriate.
B. The Developer may hire and/or designate a Marketing Agent, a firm or individual, to handle determinations and tenant selection procedures. Developers will not be required to hire a Marketing Agent. Any individuals involved in counseling and qualifying residents shall not be involved in marketing activities and the selection of residents. The Marketing Agent may also be the Property Manager, as appropriate. The Plan must be specific with regard to the role and responsibility of the Developer, the Marketing Agent, if any, and/or the Property Manager, if any. Housing Development – Affirmative Fair Housing Marketing Plan Requirements V. Direction of Marketing Activities
A. The Plan must define the Local Market Area (“LMA”) which shall encompass a population of between 5,000 to 50,000, depending upon population density; or comprise a 1-2 mile radius surrounding the Housing Development site. The Plan shall list the census tracts within the LMA, and identify the racial/ethnic characteristics of the LMA population using relevant 2010 U.S. Census data obtained from http://www.census.gov/ or http://www.westchestergov.com/planning/research/default.htm. The U.S. Department of Housing and Urban Development (“HUD”) regional office is available to provide technical assistance to the Marketing Consultant in performing the requisite demographic analysis.
B. The Plan must include an appendix with detailed demographic characteristics of the LMA, and a narrative within the Plan describing the LMA including a list of all Census tracts and municipalities included in the LMA; the total number of persons in the LMA; and of the total LMA population the number and percentage of each racial and ethnic population within the LMA. The Plan should specifically provide both the number and percentage of persons identified as White, African American or Black, Asian, and Hispanic/Latino, as defined by the U.S. Census.
C. The Plan must identify each racial and/or ethnic population with the lowest percentages in the LMA. These are the populations which should be determined to be the least likely to apply for the new AFFH units covered by the Plan.
D. The Plan must identify the target market for the units in terms of the income groups to be eligible for the AFFH units as households whose total gross household income does not exceed a certain percentage of the Westchester County AMI.
E. The Marketing and Outreach Area for the AFFH units must include Westchester County and all contiguous counties which include: Putnam County and Rockland County in New York, Fairfield County in Connecticut, and the five (5) counties which comprise New York City. The total population according to the 2010 Census in this 9-county Marketing and Outreach Area was 10,452,472, with the following ethnic and racial breakdown: 5,248,477 (50.2%) White; 2,365,353 (22.6%) African American or Black; 1,153,563 (11.0%) Asian; and 2,758,577 (26%) Hispanic or Latino. (NB: As above, the U.S. Census counts “Hispanics” as “of any race,” meaning there is duplicate counting of the population.)
VI. Marketing Program
A. In accordance with HUD’s Handbook 8025.1 “Implementing Affirmative Fair Housing Marketing Requirements,”1 no later than 90 days prior to the commencement of any marketing activities, the Plan must provide that the ______1 Available at http://www.hud.gov/offices/adm/hudclips/handbooks/fheh/80251/index.cfm.
Housing Development – Affirmative Fair Housing Marketing Plan Requirements ______
Developer (directly or through the Marketing Consultant) must submit to the Westchester County Department of Planning a notice of intent to begin marketing. This notice should be in writing and state the date on which the applicant proposes to commence marketing activities. Marketing may commence up to six months or more prior to expected occupancy of a Housing Development, but no later than three months (90 days) prior to the expected occupancy.
B. The Plan must provide that marketing for the AFFH units will comply with the requirements set forth in this document, and with applicable New York State, federal and local fair housing requirements. All advertising for all units will be consistent with the Fair Housing Advertising Regulations at 24 CFR 109 and the Fair Housing Act Regulations at 24 CFR 100.75.
C. The Plan will provide that the Marketing Consultant will affirmatively market the AFFH units to households whose total incomes are at or below the specific income groups which are expressed as a percentage of the Westchester County AMI, adjusted for household size. The maximum income limit for homeownership units is 80% AMI and the maximum for rental housing is 60% AMI. However, the Housing Development may serve a range of incomes lower than these maximums.
D. The Plan must outline special efforts to reach and engage those in the Marketing and Outreach Area who are least likely to apply. Plan activities should also include:
1. Any Plan which includes homeownership AFFH units must provide that the potential home purchasers receive homeownership counseling and education through a HUD-certified housing counseling agency approved by the County. The Developer may also designate the housing counseling agency as its Marketing Agent to conduct selection and qualification activities in addition to the homeownership counseling and education, so long as such services are delivered in accordance with HUD regulations. Housing counseling staff involved in counseling and qualifying residents shall not be involved in marketing activities and the selection of residents.
2. Marketing requirements may vary by development size with “small project” developments of 1-4 units included in the Westchester County AFHMP and all low-cost measures described below. Developers of larger developments must conduct the below described marketing activities as indicated.
3. The Plan must also provide that any development which includes rental units, such units will be registered with http://www.nyhousingsearch.gov when marketing commences. This is a free service provided by New York State to advertise and search for affordable and accessible rental housing. The service is also available through toll-free, bilingual call center at 1-
Housing Development – Affirmative Fair Housing Marketing Plan Requirements
877-428-8844. Representatives are available to assist with listings and searches.
4. The Plan shall include Spanish language marketing material to serve the Spanish-speaking population that is Limited English Proficient (“LEP”). To address the needs of LEP who do not speak either English or Spanish, and/or to assist the Spanish-speaking population beyond the capacity of the Developer or Marketing Consultant’s staff, the Marketing Consultant shall seek alternative resources to address the need, such as opening an account with a “Language Line” or alternative provider that provides 24/7 translators which can be accessed as needed by marketing staff to assist in serving all other LEP persons.
E. Commercial Media
1. Press Releases
For developments of five units or more, the Plan must provide that Marketing Consultant will issue press releases announcing available AFFH units that will be circulated to media outlets within the Marketing and Outreach Area, including but not limited to those listed in the below charts. The press releases should include: location of the units; total number of units available; bedroom sizes of the units; rents or purchase price; income requirements and limits; building amenities and features; and neighborhood amenities. The Marketing Consultant will be identified in the press release as the contact for inquiries. Information about available units at different developments may appear in combined press releases, as appropriate; this is especially encouraged for small developments, including those with four units or less. Issuance of the initial press release will coincide with the commencement of the initial marketing period.
2. Advertising The Marketing Consultant will coordinate advertising for all AFFH units so as to reduce overall costs. The Plan shall indicate the commercial media within the Marketing and Outreach Area to be used to advertise the availability of the housing so as to ensure outreach to racially and ethnically diverse households from groups deemed to be least likely to apply for the units in question. In drafting the Plan, the Marketing Consultant shall consider the outlets listed below in making determinations about where to advertise. In making such determinations with respect to general population media, the Marketing Consultant shall analyze data regarding the readership/audiences of media outlets within the Marketing and Outreach Area, and advertise in a manner that most effectively reaches the LLA population; this includes a determination that Housing Development – Affirmative Fair Housing Marketing Plan Requirements
any general market media selected do not diminish the effect of targeted marketing to the LLA population. The frequency of the ads should be indicated in the Plan. Information about available units at different developments may appear in combined advertisements, as appropriate in those cases where the LLA population is identical for those developments; this approach is especially encouraged for small developments. For developments of fewer than five units, the Plan must provide whether the Marketing Consultant will use commercial media. If the Marketing Consultant does not intend to use any commercial media, the Plan should indicate the reasons for not using such media.
3. Newspapers/Publications to be considered
a. General Population Newspapers/Publications
All Counties The Daily News, a daily New York City newspaper with a in Market and circulation of over 630,000 available in the eight New York Outreach counties in the Marketing and Outreach Area. Area The New York Post, a daily New York City newspaper with a circulation of over 500,000 available in the eight New York counties in the Marketing and Outreach Area. New York City Metro or AMNY, a free daily newspapers serving the five (All boroughs) boroughs of New York City.
Newsday, a daily Long Island and New York City newspaper with a circulation of over 300,000 available throughout the New York metropolitan area. Fairfield The Norwalk Hour, an independent daily in the Norwalk, CT County area with a focus on real estate listings.
The Stamford Advocate, a daily newspaper with a stated market area of lower Fairfield County with a daily real estate section.
New York The Riverdale Press, The Bronx News, Co-Op City Times, City (Bronx) Norwood News, Parkchester News, and/or the Mott Haven Herald, Bronx local weekly newspapers.
Newsday, a daily Long Island and New York City newspaper with a circulation of over 300,000 available throughout the New York metropolitan area. Putnam The Putnam Examiner, local weekly publication covering County Putnam County.
The Brewster Standard, the Putnam County Courier (Carmel), and/or the Putnam County Press (Mahopac),
Housing Development – Affirmative Fair Housing Marketing Plan Requirements
Putnam County local weekly newspapers.
The Journal News, a Westchester, Rockland and Putnam daily newspaper published by Gannett Westchester Newspapers, containing a daily real estate section, available in print and electronic formats.
The Daily News, a daily New York City newspaper with a circulation of over 630,000 available in the eight New York counties in the Marketing and Outreach Area.
The New York Post, a daily New York City newspaper with a circulation of over 500,000 available in the eight New York counties in the Marketing and Outreach Area. Rockland The Journal News, a Westchester, Rockland and Putnam daily County newspaper published by Gannett Westchester Newspapers, containing a daily real estate section, available in print and electronic formats.
Rockland Times – a weekly newspaper serving Rockland County Rockland Review – a weekly newspaper serving Rockland County.
The Daily News, a daily New York City newspaper with a circulation of over 630,000 available in the eight New York counties in the Marketing and Outreach Area.
The New York Post, a daily New York City newspaper with a circulation of over 500,000 available in the eight New York counties in the Marketing and Outreach Area. Westchester Patch, an online community-specific news and information County platform providing local coverage electronically covering the Local Market Area.
The Pennysaver, a weekly paper delivered free to all households in the Marketing and Outreach area; contains a real estate section.2
The Journal News, a Westchester, Rockland and Putnam daily newspaper published by Gannett Westchester Newspapers, containing a daily real estate section, available in print and electronic formats.
______2 The Pennysaver is published to local markets throughout the Marketing and Outreach Area and should be utilized wherever it is practical. Housing Development – Affirmative Fair Housing Marketing Plan Requirements
b. Publications to be considered that specifically target the LLA populations3
Fairfield Inquiring News, New England’s largest African American County newspaper, covering Connecticut, including Fairfield County.
African Haitian Times, a weekly newspaper serving the Haitian American community in the New York metropolitan area, available in print and electronic format. Fairfield El Sol News, a Spanish-language newspaper published in County Stamford, CT, distributed in southern-Fairfield County and Westchester County.
Hispanic El Diario NY, a Spanish-language daily published in New York City with distribution throughout the Marketing and Outreach Area. New York Amsterdam News, historic weekly newspaper published in City (all Harlem, with large African American following in New York boroughs) City, especially Manhattan.
African Haitian Times, a weekly newspaper serving the Haitian American community in the New York metropolitan area, available in print and electronic format.
The Black Star News, weekly newspaper with on-live edition published in Manhattan.
Our Time Press, a weekly newspaper published in Brooklyn with African American following, especially Brooklyn.
Caribbean Life, New York City’s weekly Caribbean community weekly newspaper serving the New York area. New York World Journal, a Chinese language daily newspaper covering City (all news of interest to the Chinese community in New York City, boroughs) particularly New York County.
Asian Sing Tao Daily, the second largest Chinese daily newspaper published in New York City; markets to the Chinese immigrant community in communities with high concentrations of Chinese immigrants (e.g., Chinatown).
______3 This list may be updated and expanded over time.
Housing Development – Affirmative Fair Housing Marketing Plan Requirements
New York Newsletter of the Asian American Federation of New York, City which is distributed through member agencies in Manhattan, (Manhattan/ Brooklyn and Queens. Brooklyn/ Queens) Asian New York Hoy NY, a Spanish-language daily newspaper, serving the New City (all York metropolitan area, including Westchester. boroughs) El Diario NY, Spanish-language daily published in New York Hispanic City with distribution throughout the Marketing and Outreach Area. Putnam Haitian Times, a weekly newspaper serving the Haitian County community in the New York metropolitan area, available in print and electronic format. African American
Putnam El Diario NY, a Spanish-language daily published in New York County City with distribution throughout the Marketing and Outreach Area. Hispanic El Aguila del Hudson Valley, a bi-weekly publication geared to the Hispanic/Latino community; “the only Spanish and English newspaper in New York”; published in Wappinger’s Falls, it serves Dutchess, Putnam, and Westchester counties. Westchester The Westchester County Press, a weekly newspaper that covers County African American news throughout Westchester County.
African Haitian Times, a weekly newspaper serving the Haitian American community in the New York metropolitan area, available in print and electronic format.
Westchester Newsletter of the Organization of Chinese Americans, which is County distributed throughout Westchester County.
Asian
Westchester El Sol News, a Spanish-language newspaper published in County Stamford, CT, distributed in southern-Fairfield County and Westchester County. Hispanic
Housing Development – Affirmative Fair Housing Marketing Plan Requirements
Hoy NY, a Spanish-language daily newspaper, serving the New York metropolitan area, including Westchester.
El Diario NY, a Spanish-language daily published in New York City with distribution throughout the Marketing and Outreach Area.
El Agui la del Hudson Valley, a bi-weekly, bilingual, free publication targeted to the Hispanic/Latino community, published in Wappinger’s Falls, serving Dutchess, Putnam, and For newsletters Westchester counties. and media that do not publish explicit ads, the Plan must state that press releases and news stories will be provided. Any ad or announcement should include: location of the units; total number of units available; bedroom sizes of the units; rents or purchase price; income requirements and limits; building amenities and features; and neighborhood amenities. Contact information should also be provided for inquiries, obtaining an application and/or additional information. Information about available units at different developments may appear in combined ads or announcements, as appropriate in those cases where the LLA population is identical for those developments.
The Plan must provide that all print materials produced by the Developer or the Marketing Consultant will include both the Equal Housing Opportunity (“EHO”) logo and, where applicable, the International Accessibility logo, which can be found at http://www.hud.gov/library/bookshelf11/hudgraphics/fheologo.cfm and http://nysdhcr.gov/Forms/FairHousing/. The HUD logo website provides guidance on size and use of the EHO logo.
The Plan must further provide that draft ads and announcements will be submitted to the Westchester County Department of Planning one month before marketing is to begin. The County may comment on any draft press release, ad or announcement.
4. Radio and Television
The Plan must include that, for developments with five or more units, the Marketing Consultant will seek opportunities for radio and television coverage (via interviews, press releases, and news coverage) as frequently as possible beginning on the date of initial marketing period. The Plan will not require purchase of commercial time. Any press releases prepared should also be sent to all television and radio outlets listed below. The Plan must also state that, for developments with five or more units, the Marketing Consultant will request that public service announcements be run on each of the municipal cable stations in the Local Market Area Housing Development – Affirmative Fair Housing Marketing Plan Requirements and the Marketing and Outreach Area. The below listed outlets should be included:
a. General population television networks: Local cable television (Cablevision, Time Warner, RCN, RNN, News 12, NY1 and others that may be identified in the Plan) and regional/ network television (local CBS, NBC, ABC, FOX, and CW affiliates).
b. Radio stations: Local (WFAS, WHUD, WVOX, WVIP) and regional/network resources (WINS, WCBS, and others that may be identified in the Plan) throughout the Marketing and Outreach Area are to be utilized.
c. Additionally, the Plan must anticipate that the Developer or Marketing Consultant will seek radio and television coverage with stations that focus on the LLA populations, including the following
Marketing Black Entertainment Television (“BET”). and Outreach Area
African American New York BronxNet. local cable television network covering the City (Bronx) Bronx, NY
African American/ Hispanic
New York Telemundo, Channel 47, NYC Hispanic television network City (all boroughs), Univision, Channel 41 (WXTV-NY), Univision’s Spanish Rockland language television network broadcasting from Teaneck, County, NJ, to New York City and Westchester and Rockland Westchester counties. County Univision Radio WADO (1280 AM), Radio La Kalle (105.9 FM), and WQBU (92.7 FM), Univision’s Spanish-language Hispanic radio outlets in NYC, both AM and FM.
La Mega (97.9 FM), Latin music, news, and culture radio station broadcast from Manhattan to New York City, as well as Westchester, and Rockland counties. (Hispanic/Latino).
Housing Development – Affirmative Fair Housing Marketing Plan Requirements
F. Web-Based Media
The Plan must further anticipate that the Marketing Consultant will seek Web- Based media coverage with sites that focus on the LLA populations, including the following:
1. Bronx News Network, a community-based website focusing on local Bronx news (http://www.bronxnewsnetwork.org) (African American and Hispanic/Latino populations targeted);
2. Asian Community Online Network (http://www.acon.org);
3. Craigslist;
4. The Disability Network (http://www.dnnyc.net);
5. Able Newspaper (http://www.ablenews.com), which focuses on people with disabilities.
G. Other Web-Based Platforms
1. Centralized Intake System: The Plan must include steps to undertake specific outreach to persons interested in ownership and rental of AFFH units who have signed up via the Westchester County Centralized Intake System (the “List”), available at http://homes.westchestergov.com/homeseeker-opportunities (or its successor sites). The Marketing Consultant must request a download of the contact information of all who have signed up on the List two-weeks prior to initiation of the marketing period. The County will provide the List with the contact information of all those on the List at that time, or within one week of such request. The List may include both email and regular mailing addresses as provided by those who have signed up on the List. The Plan must provide that the Marketing Consultant will notify all persons on the List provided by the County of the available AFFH units and direct them to sources of additional information. The Marketing Consultant will provide the County with copies of the materials provided to all potential applicants, including marketing and outreach materials.
2. County-run website for all AFFH opportunities: The Plan should address provision of marketing materials to the County for posting on the County’s housing website featuring available affordable homes.
3. Development-specific sites: For Housing Developments of 50 or more units , the Plan must provide that the Developer or Marketing Consultant will create a Housing Development-specific website to provide information on the Housing Development and the community or neighborhood in which the development is located. All marketing information must be posted, providing information on the site, residential
Housing Development – Affirmative Fair Housing Marketing Plan Requirements
units, amenities, income guidelines and how to access an application. Such site must include the Fair Housing Logo and also contain information or links to fair housing information including contact information and sites for how to file a fair housing complaint with the Westchester County Human Rights Commission (“HRC”) and HUD.
4. Other websites: The Plan must describe expected efforts by the Developer or Marketing Consultant to encourage community-based organizations, advocacy groups, and libraries to include on their websites links to the Centralized Intake System website and Housing Development-specific websites. This request may be made in the letter sent to community contacts. For developments of fewer than 5 units, the development may be included in broader outreach that the Marketing Agent may be conducting which includes other small projects.
H. Brochures, Signs and Leaflets and HUD’s Fair Housing Poster
1. The Plan must provide that a temporary sign, as required by the County or other development funding sources, if consistent with and permitted by any local sign ordinance, will be erected. The sign to be erected at the Housing Development site during construction should list all funding sources, the development team, and contact information to obtain an application, and must include the EHO logo and, where applicable, the International Accessibility logo. The EHO and International Accessibility logo on the sign must be of a size at least equal to the largest of the other logos to be included. The sign is to be placed on the construction site at the commencement of construction. A draft or photo of the sign, if any, will be submitted to the Westchester County Departments of Planning for comment prior to start of construction.
2. The Plan must describe development and distribution of leaflets and brochures which are to be produced in English and Spanish. Distribution should include circulation to the organizations and community-based groups serving LLA populations. The Plan should provide that the materials will describe the name and location of the Housing Development; the number of units available; the size and purchase prices or monthly rental cost of the units; income requirements; a list of building features and amenities; a community profile with resources and features; as well as contact information for obtaining an application and/or additional information. The brochures should include information about the related cost of owning or renting a unit, including property taxes, HOA or common charges for homeownership or tenant paid utilities for rental units. The brochure or other information should also describe nearby amenities such as the proximity of schools, religious institutions, shopping, transportation, and public facilities. Where feasible, the materials should also include graphics and floor plans. Drafts of leaflets and brochures, are to be submitted to the Westchester County Department of Planning prior Housing Development – Affirmative Fair Housing Marketing Plan Requirements
to initiation of the marketing period for comment. These marketing materials are to be distributed through the contacts identified in the Plan, which should include those contacts listed in appendices for the LLA population, made available at the Developer’s and/or Marketing Consultant’s Office and/or Marketing Office (if applicable), as well as in information boxes to be available on-site at developments of more than 50 units.
3. The Plan must acknowledge that a HUD Fair Housing Poster must be posted at any office or location where the Developer or Marketing Consultant will be providing information in person to potential applicants, which may include their Office(s), on site Marketing Office or other locations. The Fair Housing Poster is to also be posted in the Model Unit, if one is used for marketing purposes.
4. The Plan must provide that all brochures, leaflets, and signs publicizing the AFFH units will communicate the Developer’s Equal Housing Opportunity Policy, will include the Equal Housing Opportunity logo, and, where applicable, the International Accessibility logo. The EHO and International Accessibility logos will be of a size at least equal to the largest of other logotypes used in the publication. If no other logotypes are used, the logos will be in accordance with HUD guidelines and will include the Fair Housing Statement. These items are to be submitted for review to the Westchester County Department of Planning along with the proposed Plan if available, or two weeks prior to printing such items in preparation to initiation of the marketing.
I. Social Media The Plan must anticipate that information on the development will be posted on Developer or Marketing Consultant’s Facebook and Twitter pages, if such exist. It is expected that Westchester County will also post links to such information on the County’s Facebook and Twitter pages upon being provided with the materials in electronic format. In addition, the Plan must provide that the Marketing Consultant will request community contacts and other outlets to distribute information through their social networks. This aspect of the Plan must be evaluated and updated over time, as new forms of social media emerge and gain mainstream membership.
J. Community Contacts
1. In developing the Plan, the Developer or Marketing Consultant should review listings contained in Appendix C, D and E which includes homeownership counseling agencies which serve the Marketing and Outreach Area, community contacts that serve the disabled community, and groups and organizations providing services to racial and ethnic LLA populations, including professional associations and immigrant service
Housing Development – Affirmative Fair Housing Marketing Plan Requirements
organizations. The Plan must include a description and listing of those community contacts serving LLA populations which the Developer or Marketing Consultant will contact in implementing such Plan.
2. The Plan should provide that homeownership counseling agencies and community contacts are to be engaged through letters, emails, and/or information packets that include leaflets/brochures, followed by personal contact conducted by the Developer or Marketing Consultant. Upon initiation of the Marketing period, a letter must be sent by regular mail or email to each of the homeownership counseling agency and community contact listed in the Plan requesting that they advise their constituencies and clients of the availability of these affordable AFFH homeownership units and encourage them to take advantage of this housing opportunity. The HUD Equal Housing Opportunity logo and, where applicable, the International Accessibility logo must appear on the letter to the community contacts.
3. The Plan must describe the Developer or Marketing Consultant’s efforts to follow up with regard to each letter, such as calls to the contact person to explore the most effective outreach approach to their respective constituencies and clients. The Plan should also provide for how such efforts by the Marketing Consultant will be documented, including through maintenance of call logs and email correspondence.
4. Examples of such follow-up may include documentation provided by the Developer or Marketing Consultant that:
a. The community contact will follow up with a specific action; b. The community contact provided a list of names for direct contact;
c. The community contact is hosting an event or meeting where the Developer or Marketing Consultant may present information to potential applicants, such as workshops in community centers, coffee hour at church service, etc.
5. The Plan should anticipate documentation secured by the Marketing Consultant of the outreach that each community contact has agreed to undertake. This should be retained in the Developer’s or Marketing Consultant’s marketing and outreach file. Documentation may include call logs to such groups, notes from phone conversations or meetings, letters and/or email correspondence documenting such contact and outreach activities.
6. The Plan shall also describe planned participation or outreach efforts in cultural festivals and other large events that are well-attended by members of the LLA populations throughout the Market and Outreach Area. Participation in these events can strengthen and enhance recruitment of Housing Development – Affirmative Fair Housing Marketing Plan Requirements
LLA populations such as distribution of informational brochures, showing floor plans, providing information about the community were the development is located, and other activities that may draw interest.
7. The Plan shall provide that the Marketing Consultant will conduct or participate in at least two information workshops in locations with concentrations of LLA populations within the Marketing and Outreach Area. The locations of the workshops will be reasonably accessible to public transportation.
8. The Plan shall provide that the Marketing Consultant, in consultation with municipal leadership and community contacts, will conduct outreach to local civic organizations, neighborhood associations, faith-based organizations, and other groups to describe the AFFH units and the value of diversity, and to encourage community members to welcome applicants and new residents of the AFFH units. These outreach activities should begin soon after all municipal and financing approvals for the development are in place, and should be coordinated with and complement the County’s overall outreach efforts to promote the AFFH housing.
9. The Plan shall provide that the Marketing Consultant will encourage the community groups described in the preceding paragraph to hold open house sessions for prospective residents in which the municipality’s current residents serve as ambassadors by offering testimonials about the community’s assets and participating in or co-leading tours coordinated by the Marketing Consultant.
K. Employer- and Union-Based Marketing The Plan should describe any outreach efforts and provision of marketing materials to the Marketing and Outreach Area to the following groups, if such outreach is determined to be helpful in marketing to LLA population: labor organizations, business associations or chambers of commerce, and large employers including hospitals, schools and colleges/universities. The Plan may include that the Marketing Consultant will offer to make an in-person presentation to employees and union members of local businesses.
L. Real Estate Associations
1. The Developer or Marketing Consultant will conduct outreach efforts to real estate trade organizations to inform them of the availability of AFFH units.
2. The Developer or Marketing Consultant should seek to have AFFH units for homeownership included in the Multiple Listing Service (“MLS”), if this is determined to be helpful in marketing to the LLA population.
Housing Development – Affirmative Fair Housing Marketing Plan Requirements
M. Marketing Office
For developments of 50 units or more, the Developer is encouraged to consider leasing a marketing office in the retail core of the municipality and retain it throughout construction. The marketing office is intended to promote the housing by providing a physical location where potential homebuyers and rental tenants from the Marketing and Outreach Area can obtain information and applications for the AFFH units being built and marketed at the development, as well as information on the municipality and surrounding communities. If such office is proposed, it should include the display of aerial photos and visual depictions easily understood by prospective buyers, including site plans, site improvements, and unit floor plans. The Marketing Office must be accessible and a HUD Fair Housing Poster must be posted.
VII. Homeowner Application and Selection Procedures
A. The Plan must provide that applications will be available in English and Spanish. Additionally, applications will be made available at the following physical locations: Developer’s Office, Consultant’s Office, or Marketing Agent’s Office (where applicable), and Marketing Office (where applicable). Links to the application or the electronic application form must be provided to the County so that it can be made available as a download from the County’s housing website. The Plan should anticipate posting the application on the Developer’s or Marketing Consultant’s website (if any); and the Housing Development-specific website, when required. A copy of the application should be provided to the County for comment prior to initiation of the marketing period. The application must be available upon initiation of the marketing program. B. The Plan must affirm that no processing or application fee will be charged to any applicant, apart from a modest processing fee to acquire a copy of each applicant’s current credit report. Any proposed fee must be included in the Plan submitted to the County for comment, and must be disclosed on the application.
C. The Plan must provide a timeline for the full application and selection of residents, including a reasonable period from the date where the marketing program begins through to the application deadline, and include such schedule. The Plan should also state the instructions to applicants to submit applications to Developer or Marketing Agent, and that the location and deadline for application submission will be clearly noted in all marketing materials and on the application itself.
D. The Plan must specify the target income groups as expressed through use of the Westchester County AMI, as defined by HUD and adjusted for household size.
E. The Application must request information regarding race/ethnicity, household composition and source of referral, but must also note that providing this information is voluntary and is requested for recordkeeping purposes only.
Housing Development – Affirmative Fair Housing Marketing Plan Requirements
F. The Plan must describe how applicants’ income and asset information will be screened and certified by the Marketing Agent/Developer for income eligibility. Details to include in the description include documents applicants will be required to submit related to current income and asset documentation. Such documentation may include but not be limited to the following and as applicable: 1. Statement of Social Security benefits from the Social Security Administration; 2. Statement of pension benefits; 3. Statement of annuity payments; 4. Three months of all bank, credit union and investment statements; 5. Statement of retirement fund accounts (e.g., 403(b), 401(k)); 6. One month’s most recent pay stubs; 7. Three previous years of federal tax returns with all schedules and W-2s; 8. Documentation of child support, if applicable.
G. The Plan must explain how this documentation will be used for prospective homebuyers, to determine: whether the applicant has sufficient assets to cover the down payment and closing costs, and whether the applicant has sufficient income to carry the debt service on the mortgage, real estate taxes, common charges, and related costs.
H. For prospective rental tenants, the Plan must explain how this documentation will be used to determine whether they have adequate income to cover the rent. I. The Plan must state that all applicants for ownership units must demonstrate that they have completed a HUD-certified homeownership counseling program in order to be determined eligible. Further, the Plan should provide that if the prospective purchaser has not completed such program, he or she will be directed to an appropriate not-for-profit housing agency to enroll in the program for homeownership and, if appropriate, landlord/tenant counseling.
J. The Plan must describe the Developer’s or Marketing Agent’s procedure to receive, date-stamp, number, and log each application; and enter contact and receipt information in a database created expressly for the development.
K. The Plan must describe processing of the applications, including the review criteria for completeness and initial determination of eligibility.
L. The Plan must describe next steps for entering the application into the selection lottery. For example, applications deemed preliminarily eligible based on appropriate income for the household size, by the designated staff will then have that information along with their application number and contact informationentered into the database and their application placed in a lottery. Housing Development – Affirmative Fair Housing Marketing Plan Requirements
M. The Plan must also provide applicants who do not submit complete applications an opportunity to cure before the lottery takes place.
N. The Plan must describe the steps to prepare and implement a public lottery, including the expected schedule to do so. The lottery should be conducted at a previously announced accessible public/community facility that is reasonably accessible to public transportation; at a date and time previously announced, by the Developer or Marketing Agent. All applicants should be informed of the date, time, and location of the lottery drawing, and invited and encouraged to attend. Included in the description of the lottery is the procedure to draw and announce those selected through the lottery. For example, each applicant’s name will be announced as their name is drawn, and their information will be entered in a lottery database in sequential order.
O. The Plan must provide for the method of notification of applicants of their status. For example, applicants may be notified of their lottery ranking by telephone and U.S. mail, or whatever other means of notification has been requested by the applicant and accepted by the Developer or Marketing Agent.
P. The Plan must describe the steps to process the applications in lottery order, and that this work will be conducted by trained and experienced staff of the Developer or Marketing Agent. This description should explain the process to identify any information or documentation that is either missing or needs to be updated in the application, process to contact applicant to request such information, and timeframe the applicant must respond. For example, applicants are given seven days in which to provide this information.
Q. The Plan must provide that the Developer or Marketing Agent will take steps to verify that the applicant understands the nature of the housing arrangements for which they have applied. Such understanding may be conveyed through use of a disclosure or acknowledgement form signed by the applicant. Such verification and acknowledgement will confirm that the applicant wants to pursue the application.
R. The Plan must provide that all income and asset information submitted by the applicant, and verified pursuant to the County’s guidelines, must be confirmed and certified by the Developer or Marketing Agent to the County.
S. The Plan must describe steps to be taken if an applicant either withdraws or is deemed ineligible. For example, he or she will be informed of such by a letter from the Developer or Marketing Agent of their status as ineligible or acknowledgement of withdrawal.
T. The Plan must also describe disposition of applications submitted after the application deadline or later, after the lottery is conducted. For example, such applicants could be added to the end of the lottery list in the order their application is received.
Housing Development – Affirmative Fair Housing Marketing Plan Requirements
U. In addition to the above, the Plan must describe steps and timeline to communicate with applicants to secure any additional documentation, and confirm their continued interest in purchasing or renting the AFFH unit. For example, applicants can be given five days from notification of lottery ranking to confirm that they are interested in pursuing the purchase or rental of the units; an additional seven days to meet with Developer or Marketing Agent to determine eligibility; and an additional seven days to submit additional documentation if needed to determine if they qualify.
V. The Plan must describe the procedure that will be used to contact applicants determined to be eligible to arrange for unit selection and the purchase or leasing of the unit. In the case of home purchase, the Plan should detail information and assistance that will be made available to the buyers in order to secure a mortgage. This activity may be completed by the housing counseling agency which is providing the homebuyer education and counseling for the development’s prospective buyers.
W. The Plan must detail what will be done with the applications of any qualified applicants in excess of the number of available units. For example, they could be put on a waiting list in the order in which their names were selected during the lottery, and on a first come, first served basis after all the lottery-drawn names have been exhausted, as provided in the above; or receive notification of future marketing for AFFH units.
X. Additional criteria for which applicants may be screened must be described in the Plan, and may include the following, as examples to be included in the Plan:
1. Legal residency in the United States; 2. Whether the applicant has a satisfactory rent payment history; 3. Whether the applicant provides false information on his/her application; 4. Whether the applicant has an unsatisfactory credit history; 5. Provision of signed authorization allowing Marketing Consultant to obtain a credit report; and/or
6. Failure to respond to a request for verification of information or for additional information within 14 days of such request.
Y. The Plan must describe criteria for tenant applicants to be rejected, in addition to inadequate income to cover the rent. For example, applicants may also be rejected if any of the following exists:
1. Previous housing evictions; 2. History of lease violations involving repeated late payments, failure to pay rent, public disturbances, damage to the living unit or the property of others and/or physical or verbal attacks on others as documented by police reports; Housing Development – Affirmative Fair Housing Marketing Plan Requirements
3. Applicants or household members 18 years of age or older convicted of a drug-related offense;
4. History of criminal offenses or disruptive behavior, specifically, offenses involving, but not limited to, violence, prostitution, burglary, arson, child pornography and pedophilia, being currently engaged in substance abuse or illegal drug use or trafficking.
Z. The Plan must detail any other reasons an application may be rejected from consideration, which may include that the applicant does not meet the income, asset, or credit requirements or if the household size either exceeds or does not meet occupancy standards. An applicant who is rejected may appeal the decision to the Developer or Agent.
AA. The Plan must explain efforts undertaken by the Developer or Agent to ensure the confidentiality of the information provided by applicants, especially with respect to sensitive and personal information including criminal records and child support payments.
BB. The Plan must detail the process and procedure to notify rejected applicants in writing, which must include the grounds for the rejection. The applicant will be given 10 days from the date of the letter to request a meeting with the Developer or Agent to discuss and review the rejection. In the event that the applicant requests a meeting, such shall be scheduled for a mutually agreeable time within five business days of the request. The procedures should provide that all documents used in rejecting the applicant will be made available upon the applicant’s request. The applicant may bring additional documentation to support their appeal of why they should not be denied occupancy. Factors that may be taken into consideration include, but are not limited to: evidence of rehabilitation or repair of the disqualifying act; length of time since the occurrence of the disqualifying act; the likelihood of the reoccurrence of the disqualifying act; evidence of income qualification; or evidence of additional income, savings, or other funds for homeownership qualification. The Plan must state that the appeal meeting will be documented by either written notes and/or voice recording. A written decision of the appeal will be provided to the applicant within 5 days of the meeting.
VIII. Assessment of Marketing Efforts
A. The Plan must describe steps to be taken by the Developer or Marketing Consultant to monitor and evaluate, on an ongoing basis, the effectiveness of the marketing efforts to reach LLA populations. Such monitoring may result in modifications or adjustments to the Plan during the marketing period. Any changes must be communicated to the County, which may comment or advise the Developer or Marketing Consulant regarding such changes.
B. In accordance with HUD’s Handbook 8025.1, Chapter 2 (page 16), the Plan should describe the means by which the effectiveness of various components of
Housing Development – Affirmative Fair Housing Marketing Plan Requirements
the AFHM Plan such as advertising methods and the outreach activities targeted toward the groups identified as LLA or the use of community contacts will be assessed. Indicators such as the anticipated racial/ethnic composition of the tenant populations or applicant pool are not to be used as indicators of effectiveness of the Plan under any circumstances. The Developer or Marketing Consultant is encouraged to use indicators based on good faith efforts, including the number of referrals by community organization; the number of visits to the site or walk-ins due to outreach or advertising; or the representation of persons identified as LLA as part of the potential purchaser or renter group in comparison to the percentage of that group within the housing market area.
C. The Plan must describe collection and retention of data relating to race and ethnicity, household composition and source of referral from applications; inquiries, whether by phone, letter, email, or in person; referrals from community groups; and information provided by attendees at informational meetings conducted by the Developer or Marketing Consultant. Collection of this information will assist in determining whether the provisions of the Plan have been successfully implemented and how effectively the affirmative marketing program has helped attract potential tenants and purchasers of majority and minority groups. The data should be kept and maintained in a excel file, exportable database, or other electronic format for ease of analysis, and must be made available to the County for its review of the marketing efforts.
D. The Plan must provide for remedial steps that will be taken if LLA populations are not well-represented as described above in section VIII.B. For example, the Developer or Marketing Consultant can request information from contact organizations in the Marketing and Outreach Area to aid in assessing the results and in developing a plan to achieve a higher representation of LLA populations in the applicant pool.
E. Alternatively, the Developer or Marketing Consultant may develop other tools to assist in evaluation of a lower response, including preparation and distribution of a survey to those who inquired about the Housing Development, and were among the LLA population, and to community groups who serve the LLA populations. Such survey may ask questions that may help determine whether foreign language or minority-controlled media used are effective mechanisms for AFFH marketing; if the marketing materials effectively conveys to LLA purchasers the message that they are welcome to apply and will not encounter discrimination; the particular community contacts (and which ones) are advertising the availability of the affordable AFFH units effectively; and if members of the targeted groups are learning about the housing more through informal means/networks rather than commercial media. Such survey will assist in providing evaluation of the specific provisions of the Plan, and may be the basis for adjustments to the Plan.
IX. Future Marketing Activities
The Plan must detail ongoing marketing of the units once initial sale or lease of the Housing Housing Development – Affirmative Fair Housing Marketing Plan Requirements
Development has taken place.
A. The initial and subsequent homeowner must ensure that any resale of their home is in accordance with the County requirements, including marketing of the property. In order to provide that the marketing is conducted in accordance with County requirements and the approved Plan for the property, the County-selected Marketing Consultant (or a successor to be chosen by the County through an RFP or RFQ process) will be authorized by the County to conduct marketing of such units and to determine income eligibility of the next owner. The homeowner must contract with the Marketing Consultant to provide the necessary services. The cost to be charged for such services will be approved by the County, but will not be in excess of costs typically charged by Real Estate firms for similar services. At a minimum, the marketing of the units will include notification of availability of the unit(s) to persons interested in ownership of AFFH units who have signed up via the Westchester County Centralized Intake System. The marketing of the unit may be included in broader outreach that the Marketing Consultant may be conducting which includes other small projects. All requirements for such resale will be contained in the Declaration of Restrictive Covenants filed on each ownership property, including setting of the resale price by the County and marketing of the unit.
B. The initial and subsequent homeowner of 2-family, 3-family or 4-family homes must ensure that the leasing of accessory rental units are also in accordance with County requirements, including marketing of the rental units. In order to provide that the marketing is conducted in accordance with County requirements and the approved Plan for the property, the County-selected Marketing Consultant (or a successor to be chosen by the County through an RFP process) will conduct marketing of the rental unit and to determine income eligibility of the next tenant. The homeowner must contract with the Marketing Consultant to provide the necessary services. The cost to be charged for such services will be approved by the County, but will not be in excess of costs typically charged by Real Estate firms for similar services. At a minimum, the marketing of the units will include notification of availability of the unit(s) to persons interested in rental of AFFH units who have signed up via the Westchester County Centralized Intake System. The marketing of the unit may be included in broader outreach that the Marketing Consultant may be conducting which includes other small projects. All requirements for rental of the units will be contained in the Declaration of Restrictive Covenants filed on each ownership property, including setting of the rents by the County and marketing of the unit(s).
C. The Plan for rental properties must describe ongoing marketing and application submission requirements. This will include the review and selection of tenants to occupy units upon any unit turnover and the maintenance of waitlists to ensure units targeted to lower-income groups continue to be available to households within that income group. Each rental development of five or more units must comply with the Plan approved by the County for that development.
Housing Development – Affirmative Fair Housing Marketing Plan Requirements
X. Staff Experience and Instructions for Fair Housing Training
The Plan should include a biography and the relevant experience of the Developer, Marketing Consultant, and Property Manager or Marketing Agent in conducting Property Management and/or marketing activities for affordable housing developments.
A. At a minimum the Developer, Property Manager or Marketing Agent should have three years of property management or sales experience in the affordable housing field. This experience must include conducting income eligibility of prospective tenants and/or potential homeowners and experience in affirmative fair housing marketing. If the person or firm does not have this experience, the County will assist in identifying a qualified agency.
B. In accordance with HUD Handbook 8025.1, during the 90-day or more period prior to the commencement of taking applications or sales, all management or sales staff must be provided training in Federal, State and local fair housing laws, The County’s AFFH objectives and the approved Plan for the Housing Development. The Developer, Marketing Consultant, and Property Manager and/or Marketing Agent will instruct their employees and agents – in writing and orally – concerning nondiscrimination in housing. These employees and agents will attend workshops on fair housing as necessary. The specific civil rights laws and Executive Orders on which marketing and sales staff will be trained are the following:
1. The Fair Housing Act and 24 CFR Part 100; 2. Executive Order 11063 and 24 CFR Part 107; 3. The Affirmative Fair Housing Marketing Regulations, 24 CFR 200, Subpart M; 4. The New York State Human Rights Law; 5. The Westchester County Fair Housing Law; 6. Title VI of the Civil Rights Act of 1964; 7. Section 504 of the Rehabilitation Act of 1973, as amended and 24 CFR Part 8; 8. Westchester County’s Affirmative Fair Housing Marketing Plan.
The Developer, Marketing Consultant, Property Manager and/or Marketing Agent must make provision for and describe in the Plan all continuing education efforts and instructions regarding fair housing requirements and objectives will be a continuing part of the agenda of staff meetings and other activities related to the marketing and screening of applicants.
Housing Development – Affirmative Fair Housing Marketing Plan Requirements
XI. Record Keeping
The Plan must outline retention records related to the marketing of the Housing Development, including:
A. Copies of all advertising and records of publication dates.
B. Up-to-date records including all applications for housing units; records documenting the selection process for residents of the Housing Development; resident information; and all records and documents selection or rejections.
C. All application, inquiries and resident records shall include racial and ethnic data on all applicants and inquirers.
D. Copies of all records shall be made available to the County’s Planning Department for monitoring purposes, as scheduled and requested – either on-site monitoring at the Developer’s, Marketing Consultant’s, Property Manager’s or Marketing Agent’s Office, or submitted directly to the County.
E. These records must be kept on file at the Developer’s, Marketing Consultant’s, Property Manager’s and/or Marketing Agent’s office, and at the Housing Development-specific Marketing Office, if applicable. If the Marketing Consultant’s role in marketing the Housing Development is limited to the initial sale or lease of the Housing Development, the records should be transferred to the Developer’s or Property Management Office at the conclusion of the marketing. These records must be retained for a minimum period of 6 years, in accordance with the New York State Records Law, after the issuance of a certificate of occupancy on a homeownership unit or for a rental Housing Development. XII. Continued Compliance and Modification of the Plan
The Plan shall state that the Developer, Marketing Consultant, Property Manager and/or Marketing Agent, if applicable, are responsible for implementing the entirety of the Plan, as approved by the County. The Plan should also state that the Marketing Consultant, Developer, Property Manager and/or Marketing Agent further agree to comply with any changes required by County to the Housing Development Plan, as it may be amended from time to time to assure continued compliance with federal and state requirements. Any changes will require that the Developer submit an amended Plan to the County for approval. The Marketing Consultant, Developer, Property Manger and Agent will implement such amended on a going forward basis.
XIII. Signature
The Plan must be signed by an authorized official of the sponsoring or ownership organization, the Developer, the Marketing Consultant, and, if a Marketing Agent or Property Management agency is to be involved, by these entities as well. The signatories assume responsibility for the Plan’s implementation and agree to make any changes which may be required to assure continued compliance with affirmative fair housing marketing regulations (CFR 200.620). These requirements are to be incorporated in any future agreements related to the sale or transfer
Housing Development – Affirmative Fair Housing Marketing Plan Requirements of the housing binding a new or subsequent owner.
XIV. Sample Appendices
A. Summary Demographic Charts for the Local Market Area and the 9-County Marketing & Outreach Area
B. Demographic Profiles of the 9-County Marketing and Outreach Area
C. Homeownership Counseling Agencies for Marketing to General Populations, including LLA
D. Community Contacts that Serve the Disabled Community
E. Community Contacts for Marketing to LLA Populations
F. Maps of Local Market Area and Marketing and Outreach Area
G. Sample Letter to Contacts
H. Sample Advertisement
I. Applicant/Inquirer Datasheet
J. Staff Affirmative Action Equal Opportunity Acknowledgement
K. AFHMP Schedule
SCHEDULE “B-1”
WESTCHESTER COUNTY RESALE, REFINANCING AND RECAPTURE POLICY PROVISIONS APPLICABLE TO UNIT OWNERS
In addition to the provisions set forth herein, the purchaser (the “Owner”) of a condominium unit (the “Unit”) must comply with the requirements of the Declaration of Restrictive Covenants, including without limitation all schedules thereto, dated ______, 2013 (the “Declaration”) as filed in the Office of the Westchester County Clerk, until the earlier of the sale of said Unit in compliance herewith or expiration of the Period of Affordability.
The provisions of this Schedule B-1 shall run with the land and bind the Property, or any portion thereof, including without limitation each Unit, and shall be enforceable against the Unit Owner(s), their successors, assigns and heirs, if applicable, and shall inure to the benefit of and be enforceable by the County of Westchester (the “County”) until the expiration of the County Period of Affordability, as defined in Schedule “B,” and to the Town, until the expiration of the Town Period of Affordability, and may not be altered or removed prior to the expiration of the County Period of Affordability without the written permission of the County and Town, and without the written permission of the Town during the Town Period of Affordability..
Any defined terms used herein and not defined herein shall have the meaning ascribed to them in the Declaration, including without limitation Schedule “B” thereto.
Principal place of residence
The Unit Owner must occupy said Unit as his or her principal place of residence.
Insurance Policy
Unit Owners must purchase and maintain property insurance (guaranteed replacement cost basis) on other than common elements (which shall be insured by the condominium).
Restrictions
Unit Owners must comply with the requirements of the HOME Investment Partnerships Act of 1990, Public Law 101-625, 42 U.S.C. 12701 et seq. (the “HOME Program” or “HOME”), and its implementing regulations, 24 CFR 92 (the “HOME Program Regulations”) and Community Development Block Grants (“CDBG”) program, 24 CFR Part 570, until the earlier of the sale of said Unit in compliance herewith or the expiration of the Period of Affordability.
It should be noted that income limits may increase or decrease year-to-year, as determined by the United States Department of Housing and Urban Development (“HUD”).
Should the Unit owner fail to comply with the above-referenced requirements the County has the right, pursuant to 24 CFR 92.254 (a) (5) and the County's Consolidated Plan as filed with HUD, to compel the resale of the Unit (see Declaration § 4 - Legal and Equitable Relief). Resale
In the event that a Unit Owner desires to convey such Unit at any time prior to the expiration of the County or Town Periods of Affordability, such owner must make the Unit available for purchase to purchasers meeting the Affordability Requirements, as more fully set forth in Schedule “B” to the Declaration. The owner must obtain the written approval of the County, during the County’s Period of Affordability, or of the Town, during its Period of Affordability with respect to the proposed purchaser, noting, that the occupancy standards set forth in Schedule “B” will be used to determine appropriate family size for each unit based on the Unit’s size and number of bedrooms.
The County or Town’s approval shall also be required for the maximum resale price of such Unit until the expiration of their respective Periods of Affordability ("Maximum Resale Price"). The Maximum Resale Price will equal the sum of the following: (i) the net purchase price (i.e. gross sales prices minus subsidies) paid for the Unit by the selling owner, increased by the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the New York-Northern New Jersey Area, as published by the United States Bureau of Labor Statistics (the "Index"), between (a) the month that was two months earlier than the date on which the seller acquired the Unit; and (b) the month that is two months earlier than the month in which the seller contracts to sell the Unit. If the Bureau stops publishing this index, and fails to designate a successor index, the County will designate a substitute index; (ii) the cost of major capital improvements (as recognized by the Internal Revenue Service) made by the seller of the Unit while said seller of the Unit owned the Unit as evidenced by paid receipts depreciated on a straight line basis over a fifteen (15) year period from the date of completion and such approval shall be requested for said major capital improvement no later than the time the seller of the Unit desires to include it in the resale price; and (iii) special assessments imposed by the condominium.
In the event of a foreclosure of a Unit, the Maximum Resale Price for a sale by the foreclosing bank/lending institution shall be calculated as above, except that the net purchase price on which the calculation shall be made shall be the net purchase price paid by the owner of the Unit against which the bank/lending institution foreclosed. Notwithstanding the foregoing, in no event shall the resale price exceed an amount affordable to a household containing the maximum number of persons permitted to occupy the Unit in accordance with this Agreement at 80% of AMI at the time of the re-sale. Such affordable resale amount shall be determined in the sole discretion of the Westchester County Department of Planning and shall be in accordance with such guidelines or rules as may be promulgated by the Department of Planning. In making such determination, the calculation of a maximum price shall assume that the down payment is 5% of the resale price and that the sum of principal, interest, taxes and insurance (“PITI”), plus applicable home owner association fees and/or common charges shall not exceed 33% of household income. In the event that a Unit Owner desires to sell his or her Unit, the Unit Owner must notify the Commissioner at least forty-five (45) days prior to the date of the proposed closing, in writing to the Westchester County Commissioner of Planning, Michaelian Office Building, Room 432, 148 Martine Avenue, White Plains, New York 10601 or to the Designee’s address, if provided by the County. The Unit Owner may sell, convey or transfer the Unit provided the County has given written approval in the form of a release letter (“Release Letter”). The Release Letter shall be in recordable form and will state that the proposed purchaser meets the Affordability Requirements any other requirements as directed by the County, and that the purchase price is less than or equal to the Maximum Resale Price for such Unit. The above notice shall provide a name, address and telephone number of an individual to contact concerning the proposed sale. The notice shall enumerate the proposed purchase price and the income of the proposed purchaser. The Unit Owner and/or proposed purchaser shall provide such additional documentation as requested by the County to substantiate any of the above sums, including but not limited to, income tax returns and employment verification letters for proposed purchasers. The County shall provide the Release Letter to the Unit Owner at or prior to the closing, provided that in the County has determined in its sole discretion, that the Unit Owner has complied with his or her obligations hereunder.
Refinancing
In the event that a Unit Owner desires to refinance such a Unit at any time prior to the expiration of the Periods of Affordability, including without limitation, a mortgage, home equity loan or line of credit, the Unit Owner must first obtain the written consent of the County, during the County’s Period of Affordability, or the Town, during its Period of Affordability following review of the terms of said transaction in accordance herewith.. In such event , the Unit Owner shall notify the County at least forty-five (45) days prior to the date of the proposed refinancing, in writing to the Westchester County Commissioner of Planning, Michaelian Office Building, Room 432, 148 Martine Avenue, or to the Designee’s address, if provided by the County. Said notice shall include the name, address and telephone number of an individual to contact concerning the proposed refinancing. The notice shall include the pertinent transaction details. The Unit Owner shall provide any additional documentation requested as may be requested by the County. The County shall, in its sole discretion approve or disapprove any such request, noting that the following criteria may be considered:
∑ The amount refinanced must be limited to outstanding principal on the mortgage plus reasonable closing costs and the resulting payments must increase affordability (i.e., the interest rate should be lower than the rate on the existing mortgage and/or lower the Unit Owner’s monthly mortgage payment).
∑ The amount refinanced may increase above the outstanding principal amount only if: (i) the additional funds are being used to make capital improvements to the home, as permitted under local building code, and having received any necessary approvals, including without limitation by the condominium or coop board, if any and by Westchester County; or (ii) funds are needed for good cause shown, such as education costs for the primary owner to gain improved employment opportunities. ∑ In no case may the refinancing total amount exceed the restricted resale price, calculated at the time of application.
∑ The total amount should not exceed the Loan to Value ratio required by the lender, but in no case can it exceed 100% of the appraised value of the affordable Unit if this value is less than the restricted resale price.
In no case may the refinancing total amount exceed the Maximum Resale Price, calculated at the time of application.
Town Board Town Board- Regular Meeting Date: 03/13/2013
Text/Header: TB 2 - 3/13/13 Resolution authorizing the Town Supervisor to enter into an Inter-Municipal Agreement with the Village of Ardsley for the construction and maintenance of a sewer main connection to an existing sewer line located in the Village regarding the Chauncey Estates subdivision
Attachments TB 2013 0313 TB-2 reso Auth IMA w-Ardsley for Chauncey Estates municipal sewer connection R 0312 TB 2013 0313 TB-2 data Sewer IMA w-Ardsley re Chauncey Estates R 0312f TB-2 – 03/13/13
RESOLUTION AUTHORIZING THE TOWN SUPERVISOR TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT WITH THE VILLAGE OF ARDSLEY FOR THE CONSTRUCTION AND MAINTENANCE OF A SEWER MAIN CONNECTION TO AN EXISTING SEWER LINE LOCATED IN THE VILLAGE REGARDING THE CHAUNCEY ESTATES SUBDIVISION
WHEREAS, the Town of Greenburgh granted preliminary site plan approval for the construction of four (4) single family residential units in Phase 1 of a subdivision named Chauncey Estates located along roadways known as Eastway, Swanston Lane and Ridge Road both in the Village of Ardsley and unincorporated portions of the Town of Greenburgh; and
WHEREAS, the developers of Chauncey Estates are proposing a new eight (8) inch diameter sanitary sewer main connection into an existing sanitary sewer line located at the end of Ridge Road in the Village of Ardsley; and
WHEREAS, in order to obtain Westchester County Department of Health (WCDH) approval of the proposed sanitary sewer main extension it is required by the WCDH that there be a formal agreement between the Village of Ardsley and the Town of Greenburgh with regard to the furnishing of a sanitary sewer main connection to provide sewer services to the subject premises; and
WHEREAS, the attorneys for both the Village of Ardsley and the Town negotiated a proposed Inter-Municipal Agreement between the Village of Ardsley and the Town of Greenburgh providing for construction and maintenance of the sewer connection;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Greenburgh hereby authorizes the Town Supervisor to execute the attached Inter-Municipal Agreement with the Village of Ardsley negotiated by the attorneys for both the Village of Ardsley and the Town, providing for construction and maintenance of a sewer main connection regarding Chauncey Estates.
R 03/12/2013 AGREEMENT PURSUANT TO TOWN LAW §§64, 198 and GENERAL MUNICIPAL LAW ARTICLE 5-G - BETWEEN - THE TOWN OF GREENBURGH - AND - THE VILLAGE OF ARDSLEY FOR USE OF THE ARDSLEY SEWER SYSTEM
THIS AGREEMENT is made this ____ day of ______2013, by and between the Town of Greenburgh (Town), a municipal corporation organized under the existing under the laws of the State of New York, located at 177 Hillside Avenue, Greenburgh, New York 10607, acting upon the request of the developers/owners of the Chauncey Estates Subdivision, and the Village of Ardsley, a municipal corporation organized and existing under the laws of the State of New York, located at 507 Ashford Avenue, Ardsley, NY 10502, hereinafter referred to as the Village,
WITNESSETH:
WHEREAS, the Village’s sanitary sewer system was constructed by the Village of Ardsley to serve Village residents; and
WHEREAS, the Village’s sanitary sewer system is owned, operated and maintained by the Village; and
WHEREAS, the developers of a four lot single-family residential subdivision known as Chauncey Estates in the unincorporated portion of the Town are seeking to connect sanitary sewer services from four homes into the Village of Ardsley’s sanitary sewer system pursuant to Section 165-14 of the Village Code; and
WHEREAS, the Chauncey Estates Subdivision sewer system will discharge into and through an existing 8 inch PVC Village sanitary sewer system located at Ridge Road in the Village; and
WHEREAS, the Westchester County Health Department requires that the Town and Village enter into an Inter-municipal Agreement regarding any sanitary sewer system connection involving more than one municipality before the connection will be approved; and WHEREAS, by mutual agreement by and between the Town and Village, the Chauncey Estates Subdivision sanitary sewer system has been authorized to be connected to the Village’s Sanitary sewer system; and
WHEREAS, on March 13, 2013, the Town Board passed a resolution, a copy of which is attached and incorporated herein, authorizing the Town Supervisor to sign this agreement permitting the Chauncey Estates Subdivision sanitary sewer system to connect and use of the
Village sewer system; and
WHEREAS, on March 4, 2013, the Ardsley Village Board passed a resolution, a copy of which is attached and incorporated herein, authorizing the Mayor to sign an agreement permitting
Chauncey Estates to the access and use of the Village’s sanitary sewer system for the Chauncey
Estates Subdivision sewer system;
NOW, THEREFORE, BE IT AGREED by and between the Town, its successors and assigns, and the Village, its successors and assigns, for the consideration named herein as follows:
1 SCOPE OF AGREEMENT 1.1 The Village agrees that the Town, acting pursuant to a request from Chauncey Estates, may access the existing connection of the Village's sanitary sewer system for purpose of providing residents of the Chauncey Estates Subdivision sewer services.
2 TERM, TERMINATION and RENEWAL
2.1 The term of this contract between the Town and Village shall be for fifty years.
3 INDEMNIFICATION AND SAVE HARMLESS 3.1 The developers and/or their successors hereby agree to indemnify and hold the Town, its officers, agents, employees, and volunteers performing authorized tasks on behalf of the Town, harmless from and against all liability, including all expenses, reasonable attorney's fees, losses and claims, demands, payments, suits, actions, recoveries and judgments of any nature and description whatsoever resulting from any claim or claims arising out of the award of this agreement, or the procedures leading thereto, for any act or omission of the Village, its agents or employees representatives, or sub-contractors, during or in furtherance of the performance to this agreement.
- 2 - 3.2 In the event of any action commenced against the Town, or its officers, agents, volunteers performing authorized tasks, or employees, which is within the scope of this indemnification, the Town will promptly give notice thereof to the Village and the Village will have the right to select and furnish counsel for the defense. of any such action, provided such counsel is acceptable to the Town, which acceptance shall not be unreasonably withheld, at no cost or expense to the Town. The Town agrees to cooperate with the Village as reasonably required for the defense of any such action.
3.3 The Town hereby agrees to indemnify and hold the Village, its officers, agents, employees, and volunteers performing authorized tasks on behalf of the Village, harmless from and against all liability, including all expenses, reasonable attorney's fees, losses and claims, demands, payments, suits, actions, recoveries and judgments of any nature and description whatsoever resulting from any claim or claims arising out of the award of this agreement, or the procedures leading thereto, for any act or omission of the Town, its agents or employees representatives, or sub-contractors, during or in furtherance of the performance to this agreement.
3.4 In the event of any action commenced against the Village, or its officers, agents, volunteers performing authorized tasks, or employees, which is within the scope of this indemnification, the Village will promptly give notice thereof to the Town and the Town will have the right to select and furnish counsel for the defense of any such action, provided such counsel is acceptable to the Village, which acceptance shall not be unreasonably withheld, at no cost or expense to the Village. The Village agrees to cooperate with the Town as reasonably required for the defense of any such action.
3.5 The parties acknowledge and agree that the provisions of this section are intended to survive termination of this agreement.
4 NO ASSIGNMENT
4.1 In accordance with the provisions of Section 109 of the General Municipal Law, neither party may assign, transfer, convey, sublet or otherwise dispose of any rights or privileges granted by this Agreement without the prior written consent of both parties. The parties acknowledge and agree that this absolute prohibition against assignment shall survive any bankruptcy proceeding and no creditor, receiver or trustee shall have any right to any interest granted by this licensee agreement.
- 3 - 5 REPRESENTATIONS BY THE VILLAGE
5.1 The Village represents and warrants as follows:
5.1.1 Village is a municipal corporation organized and existing under the laws of the State of New York.
5.1.2 Village is financially solvent.
5.1.3 Village is familiar with all federal, state, and local laws, ordinances and regulations which may in any way affect the work or goods and services to be provided and agrees to abide by all applicable local, state and federal rules, regulation and laws.
5.1.4 Village acknowledges and agrees that this contract does not include any medical, leave or retirement benefits or confer any rights or interests in such benefits.
5.1.5 Village is fully licensed by all governing regulatory agencies.
6 REQUIRED PROVISIONS OF LAW
6..1 This Agreement shall be governed by the laws of New York State. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to have been inserted herein. If any such provision was not inserted through mistake or otherwise, then upon the application of either party, this contract shall be physically amended forthwith to make such insertion.
7 AUTHORITY FOR EXECUTION
7.1 The Supervisor has executed this Agreement pursuant to a Resolution adopted by the Town Board of the Town of Greenburgh and under authority of Town Law §§64, 116. Supervisor Paul J. Feiner, whose signature appears hereafter, is duly authorized and empowered to execute this instrument and enter into such an Agreement on behalf of the Town.
7.2 The Mayor of the Village who executed this agreement on Village's behalf, and whose name appears below, is a duly elected official who executed this agreement pursuant to a Resolution of the Village Board of Trustees.
8 NOTICES
8.1 Any and all notices, communications, payments and demands required under this Agreement shall be in writing, addressed as follows, or to such other address as may hereafter be designated, in writing, by either party hereto:
- 4 - 9.2 To The Town: Town of Greenburgh 177 Hillside Avenue Greenburgh, NY 10607 ATTN: Victor Carosi, DPW
w/ copy to: John Devany
9.3 To the Village: Village of Ardsley Commissioner of Public Works 507 Ashford Avenue Ardsley, NY 10502
9.4 All notices, communications, payments and demands given or made under this Agreement shall be deemed given or made upon receipt and receipt shall be the actual date of receipt or presumed to be five dates after proof of posting, whichever is earlier.
10 WAIVER
10.1 No waiver of any breach or of any condition of this Agreement shall be binding unless executed in writing and signed by the party waiving such breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same.
11 MODIFICATION
11.1 This Agreement constitutes the complete understanding of the parties. No prior, contemporaneous or subsequent understandings or agreements, oral or written, are valid and no modification of any provisions of the Agreement shall be valid unless in writing and duly authorized by the Town of Greenburgh and the Village of Ardsley.
12 SEVERABILITY
12.1 If any provision of this agreement, or the application of any provision to any person or circumstance, is held or declared to be invalid, unenforceable or illegal, the remainder of this agreement, and the remainder of such provision other than to the extent it is held invalid, unenforceable or illegal, will survive and not be invalidated by such holding or declaration.
- 5 - 13 ARBITRATION
13.1 Should any dispute arise between the Town and the Village regarding the manner or sufficiency of the performance of the work, the disputed matter shall be settled by arbitration in accordance with the Civil Practice Law and Rules (CPLR) of the State of New York. CPLR Article 75. There shall be three arbitrators, one of whom shall be selected by each of the parties hereto, and the third by the two arbitrators so selected. If the selection of any arbitrator is not made within fifteen days of the time that either party has notified the other of the name of the arbitrator it has selected, then the arbitrator or arbitrators not selected shall be appointed in the manner provided by the laws of the State of New York. The work shall not be interrupted or delayed pending such decision.
IN WITNESS WHEREOF, the Town of Greenburgh, by Paul J. Feiner, Supervisor, and the Village of Ardsley, by Peter R. Porcino, Mayor, have each agreed to the terms and conditions set forth herein.
Approved as to form:
______TIMOTHY W. LEWIS Town Attorney TOWN OF GREENBURGH
______BY: PAUL J. FEINER, Supervisor
VILLAGE OF ARDSLEY
______BY: PETER R. PORCINO, Mayor
- 6 -
Attorney Town Board- Regular Meeting Date: 03/13/2013
Text/Header: AT 1 - 3/13/13 Resolution authorizing Valuation Plus, Inc. to perform real estate appraisal services for town-owned property located at 715 Dobbs Ferry Road, at a cost not to exceed $3,000
Attachments TB 2013 0313 AT-1 reso Auth Valuation Plus 715 Dobbs Ferry Rd R 0310 AT-1 – 03/13/13
RESOLUTION AUTHORIZING VALUATION PLUS, INC. TO PERFORM REAL ESTATE APPRAISAL SERVICES FOR TOWN-OWNED PROPERTY LOCATED AT 715 DOBBS FERRY ROAD, FOR AN AMOUNT NOT TO EXCEED $3,000
WHEREAS, the Town requires the services of a real estate appraiser to perform an inspection and appraisal of a Town-owned parcel located at 715 Dobbs Ferry Road, taken through foreclosure on March
23, 2011; and
WHEREAS, Valuation Plus, Inc. has performed such services for the Town in a satisfactory manner; and
WHEREAS, Valuation Plus, Inc. has agreed to act expeditiously in completing its service; and
WHEREAS, the Town desires to retain the services of Valuations Plus, Inc. to perform said services for a fee not to exceed $3,000.00;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Greenburgh hereby authorizes the Town Attorney to engage Valuation Plus, Inc. to perform appraisal services for the
Town-owned property located at 715 Dobbs Ferry Road, designated on the Town’s Assessment Record as
Section 8.50, Block 28, Lot 9, for an amount not to exceed $3,000.00.
R 03/10/2013
Attorney Town Board- Regular Meeting Date: 03/13/2013
Text/Header: AT 2 - 3/13/13 Resolution authorizing Valuation Plus, Inc. be retained as real estate appraiser for various properties, at a total cost not to exceed $4,300
Attachments TB 2013 0313 AT-2 reso Auth Valuation Plus, various props R 0310 AT-2 – 03/13/13
RESOLUTION AUTHORIZING VALUATION PLUS, INC. BE RETAINED AS REAL ESTATE APPRAISER FOR VARIOUS PROPERTIES, AT A TOTAL COST NOT TO EXCEED $4,300
WHEREAS, petitions have been filed by the property owners listed below challenging the real property tax assessments on the Town's assessment roll with respect to the parcels listed below; and
WHEREAS, petitioners’ court challenges are now pending in Supreme Court, Westchester County; and
WHEREAS, the Town Attorney's Office, in connection with defending these tax assessments, does not need full appraisals at this time but does require a preliminary valuation and assessment analysis for the tax years in question; and
WHEREAS, Valuation Plus, Inc. has performed such services for the Town in a satisfactory manner for the past several years and has agreed to provide the required reports at the fees listed below; and
WHEREAS, Deputy Town Attorney Peter Carparelli recommends that Valuation Plus, Inc. be retained to perform these services;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Greenburgh hereby authorizes the Town Attorney to retain Valuation Plus, Inc. to timely perform a preliminary valuation and assessment analysis for each of the following properties at a cost not to exceed the amounts shown:
Property Owner Address Amount Edgebrook Coop. Lawrence Drive $1,800 Birittella 154 Wildey St. $2,500
R 03/10/2013
Attorney Town Board- Regular Meeting Date: 03/13/2013
Text/Header: AT 3 - 3/13/13 Authorizing the retention of Morris, Duffy, Alonso & Faley LLP, as Outside Trial Counsel in the Matter of Alesia Blackwell v. Town of Greenburgh, et al, for an amount not to exceed $25,000
Attachments TB 2013 0313 AT-3 reso Morris Duffy as Outside Counsel re Blackwell R 0310 AT-3 – 03/13/13
RESOLUTION AUTHORIZING THE RETENTION OF MORRIS, DUFFY, ALONSO & FALEY LLP, AS OUTSIDE TRIAL COUNSEL IN THE MATTER OF ALESIA BLACKWELL V. TOWN OF GREENBURGH, ET AL, FOR AN AMOUNT NOT TO EXCEED $25,000.00
WHEREAS, an action has been filed in the United States District Court, Southern District of New York, 13 CV 269, Alesia Blackwell, et al v. Town of Greenburgh (the “Action”), alleging deprivation of Plaintiff, Alesia Blackwell’s rights under, 42 U.S.C. §1983 and 1988; and
WHEREAS, as is its right under the Town’s insurance policy, the Town’s insurance carrier has appointed Attorney Carl Sandel and the firm of Morris, Duffy, Alonso & Faley LLP, to defend the Town of Greenburgh in the Action; and
WHEREAS, the Town Attorney’s Office, based on the coverage available under the Town’s insurance policy to appoint counsel to defend the Town in the Action, recommends that Attorney Carl Sandel and the firm Morris, Duffy, Alonso & Faley LLP, be retained as outside trial counsel to represent the Town of Greenburgh as a defendant in the Action;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Greenburgh hereby authorizes the retention of Carl Sandel and the firm of Morris, Duffy, Alonso & Faley LLP, to serve as outside trial counsel to represent the Town of Greenburgh as a defendant in an action filed in the United States District Court, Southern District of New York, 13 CV 269, Alesia Blackwell v. Town of Greenburgh, et al, for an amount not to exceed Twenty-Five Thousand Dollars ($25,000.00), without further approval by the Town Board.
R 03/10/2013
Attorney Town Board- Regular Meeting Date: 03/13/2013
Text/Header: AT 4 - 3/13/13 Resolution authorizing settlement of property damage & car rental expense related claim, File No.: 339/12c, by Sara Hoffman for a combined amount not to exceed $1,806.23
Attachments TB 2013 0313 AT-4 reso Settle Sara Hoffman Prop Damage and Rental Claim R 0310 AT-4 – 03/13/13
RESOLUTION AUTHORIZING SETTLEMENT OF PROPERTY DAMAGE & CAR RENTAL EXPENSE RELATED CLAIM, FILE NO.: 339/12C BY SARA HOFFMAN FOR A COMBINED AMOUNT NOT TO EXCEED $1,806.23
WHEREAS, a claim was brought by Sara A. Hoffman against the Town of Greenburgh regarding damage sustained to her motor vehicle on December 7, 2012 and for reimbursement of the rental cost she will incur while her vehicle is being repaired; and WHEREAS, an investigation has been conducted by the Town regarding the events of the incident on December 7, 2012; and WHEREAS, a settlement was proposed and recommended whereby the Town of Greenburgh would pay claimant the sum of One Thousand Five Hundred Sixty Six Dollars and Twenty Nine Cents ($1,566.29) for the damage sustained to her vehicle and the sum of Two Hundred Thirty Nine Dollars and Ninety Four Cents ($239.94) for the rental costs she will incur while her vehicle is repaired; and WHEREAS, the Town Board, in consultation with the Town Attorney’s Office, is satisfied that such a proposed settlement was deemed to be just, reasonable and in the interest of the Town of Greenburgh; and WHEREAS, pursuant to its policy of insurance with the PMA Insurance Group, the Town is obligated to pay a liability self insured retention for claims up to $75,000.00;
NOW, THEREFORE, BE IT RESOLVED, that in the interest of justice: The Town Board of the Town of Greenburgh hereby authorizes that an offer be made to Sara A. Hoffman to settle the claims against the Town of Greenburgh regarding property damage sustained to her motor vehicle on December 7, 2012, for an amount up to One Thousand Five Hundred Sixty Six Dollars and Twenty Nine Cents ($1,566.29) and for rental costs she will incur for an additional amount of Two Hundred Thirty Nine Dollars and Ninety Four Cents ($239.94) for a combined settlement amount of One Thousand Eight Hundred and Six Dollars and Twenty Three Cents ($1,806.23) be made to Sara Hoffman to settle her claims against the Town of Greenburgh for property damage to her motor vehicle and for car rental costs she will incur during the repair of property damage to her motor vehicle, and that, upon receipt of a general release from Sara A. Hoffman in favor of the Town of Greenburgh and its agents, officials, officers, employees and volunteers in a form approved by the Town Attorney, and receipt of a duly executed claim voucher, said claim be settled by the issuance of a check or checks totaling the sum of not more than One Thousand Eight Hundred and Six Dollars and Twenty Three Cents ($1,806.23).
R 03/10/2013
Attorney Town Board- Regular Meeting Date: 03/13/2013
Text/Header: AT 5 - 3/13/13 Resolution authorizing the settlement of a dispute with Tyco Intergrated Security, FDBA ADT Security Services Inc., regarding termination of Security Alarm Services to the Theodore D. Young Community Center, for an amount not to exceed $665
Attachments TB 2013 0313 AT-5 reso Settle Tyco fbda ADT Claim re TDYCC Security Service Termination R 0310 AT-5 – 03/13/13
RESOLUTION AUTHORIZING THE SETTLEMENT OF A DISPUTE WITH TYCO INTERGRATED SECURITY, FDBA ADT SECUITY SERVICES INC, REGARDING TERMINATION OF SECURITY ALARM SERVICES TO THE THEODORE D. YOUNG COMMUNITY CENTER, FOR AN AMOUNT NOT TO EXCEED $665.00
WHEREAS, a dispute arose regarding the proper notice for termination of a security alarm contract with ADT Security Services for services to the Theodore D. Young Community Center; and
WHEREAS, ADT Security Services had contended that notice of termination of the contract was not conveyed in a sufficient time period after the Town switched to another security alarm provider; and
WHEREAS, an investigation has been conducted by the Town Attorney’s Office regarding the circumstances surrounding the termination of ADT’s contract; and
WHEREAS, a settlement was proposed whereby the Town would pay ADT Security Services the sum of Six hundred and Fifty-Five Dollars ($655.00) in settlement of the dispute; and
WHEREAS, the Town Board, in consultation with the Town Attorney’s Office, is satisfied that such a proposed settlement is just, reasonable and in the interest of the Town;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Greenburgh hereby authorizes the settlement of a dispute with Tyco Integrated Security fdba ADT Security Services
Inc. regarding termination of security alarm services to the Theodore D. Young Community Center, for an amount not to exceed $665.
R 03/10/2013
Attorney Town Board- Regular Meeting Date: 03/13/2013
Text/Header: AT 6 - 3/13/13 Resolution authorizing tax certiorari settlement with petitioner Granite Properties, LLC for property located at 388 Tarrytown Road. The Town’s share of the refund is $31,250±; the Greenburgh Central School District No. 7’s share is $78,860±; the County’s share is $20,344±; the Bronx Valley Sewer District’s share is $2,929±; Fairview Fire District’s share is $23,732±; the Consolidated Sewer Mtc. District’s share is $691±. Refunds from all sources total $157,806±
Attachments TB 2013 0313 AT-6 reso Settle Granite Properties 388 Tarrytown Rd Tax Cert R 0310 TB 2013 0313 AT-6 data Granite Properties 388 Tarrytown Rd Tax Cert School Dist Ltr TB 2013 0313 AT-6 data Granite Properties 388 Tarrytown Rd Tax Cert Spreadsheet AT-6 – 03/13/13
RESOLUTION AUTHORIZING TAX CERTIORARI SETTLEMENT WITH PETITIONER GRANITE PROPERTIES, LLC FOR PROPERTY LOCATED AT 388 TARRYTOWN ROAD
WHEREAS, petitions have been filed by the property owner below challenging real property tax assessments on the Town's assessment roll; and WHEREAS, petitioner’s court challenges are now pending in Supreme Court, Westchester County; and WHEREAS, the Town and property owner have reached a mutually agreeable resolution; and WHEREAS, the Town commissioned the preparation of a preliminary analysis, a copy of which was provided to the Greenburgh Central School District No.7, which analysis was utilized in the settlement process; and WHEREAS, the School District within which the subject parcel is located has intervened in this matter and has approved the proposed settlement (see attached letter, dated January 11, 2013); and WHEREAS, the Town Board has had an opportunity to review the Town Attorney’s file on this matter and has been satisfied that the proposed settlement is deemed to be just, reasonable and in the interest of the Town of Greenburgh; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Greenburgh hereby authorizes the Town Attorney to execute for the property listed below the following settlement on behalf of the Town and all Special Districts at revised assessments of no less than the following amounts: Petitioner Address/Description Years Granite Properties, LLC 388 Tarrytown Road 2008-2012 Section 7.480, Block 297, Lot 17 Account# 7235325 Assessment Year Assessment Revised Assessment Reduction 2008 118,000 85,000 33,000 2009 118,000 85,000 33,000 2010 118,000 86,100 31,900 2011 127,500 86,100 41,400 2012 127,500 86,100 41,400 The Town’s share of the refund is $31,250±; the Greenburgh Central School District No. 7’s share is $78,860±; the County’s share is $20,344±; the Bronx Valley Sewer District’s share is $2,929±; Fairview Fire District’s share is $23,732±; the Consolidated Sewer Mtc. District’s share is $691±. Refunds from all sources total $157,806±. (Please refer to the attached spreadsheet.)
R 03/10/2013
Attorney Town Board- Regular Meeting Date: 03/13/2013
Text/Header: AT 7 - 3/13/13 Resolution authorizing tax certiorari settlement with petitioner Roger Bradley Realty Assoc. LLC for property located at 350 Tarrytown Road. The Town’s share of the refund is $27,007±; the Greenburgh Central School District No. 7’s share is $68,071±; the County’s share is $17,639±; the Bronx Valley Sewer District’s share is $2,535±; Fairview Fire District’s share is $20,553±; the Consolidated Sewer Mtc. District’s share is $595±. Refunds from all sources total $136,400±
Attachments TB 2013 0313 AT-7 reso Settle Roger Bradley 350 Tarrytown Rd Tax Cert R 0310 TB 2013 0313 AT-7 data Bradley 350 Tarrytown Rd Tax Cert School Dist Ltr TB 2013 0313 AT-7 data Bradley 350 Tarrytown Rd Tax Cert Spreadsheet AT-7 – 03/13/13
RESOLUTION AUTHORIZING TAX CERTIORARI SETTLEMENT WITH PETITIONER ROGER BRADLEY REALTY ASSOC. LLC FOR PROPERTY LOCATED AT 350 TARRYTOWN ROAD
WHEREAS, petitions have been filed by the property owner below challenging real property tax assessments on the Town's assessment roll; and WHEREAS, petitioner’s court challenges are now pending in Supreme Court, Westchester County; and WHEREAS, the Town and property owner have reached a mutually agreeable resolution; and WHEREAS, the Town commissioned the preparation of a preliminary analysis, a copy of which was provided to the Greenburgh Central School District No.7, which analysis was utilized in the settlement process; and WHEREAS, the School District within which the subject parcel is located has intervened in this matter and has approved the proposed settlement (see attached letter, dated January 11, 2013); and WHEREAS, the Town Board has had an opportunity to review the Town Attorney’s file on this matter and has been satisfied that the proposed settlement is deemed to be just, reasonable and in the interest of the Town of Greenburgh; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Greenburgh hereby authorizes the Town Attorney to execute for the property listed below the following settlement on behalf of the Town and all Special Districts at revised assessments of no less than the following amounts: Petitioner Address/Description Years Roger Bradley Realty Assoc. LLC 350 Tarrytown Road 2008-2012 Section 7.480, Block 297, Lot 20 Account# 7235160 Assessment Year Assessment Revised Assessment Reduction 2008 142,000 109,500 32,500 2009 142,000 109,500 32,500 2010 142,000 109,500 32,500 2011 142,000 112,200 29,800 2012 142,000 112,200 29,800 The Town’s share of the refund is $27,007±; the Greenburgh Central School District No. 7’s share is $68,071±; the County’s share is $17,639±; the Bronx Valley Sewer District’s share is $2,535±; Fairview Fire District’s share is $20,553±; the Consolidated Sewer Mtc. District’s share is $595±. Refunds from all sources total $136,400±. (Please refer to the attached spreadsheet.)
R 03/10/2013
Attorney Town Board- Regular Meeting Date: 03/13/2013
Text/Header: AT 8 - 3/13/13 Resolution authorizing tax certiorari settlement with petitioner Roger Bradley Realty Assoc. LLC for property located at 360 Tarrytown Road. The Town’s share of the refund is $22,859±; the Greenburgh Central School District No. 7’s share is $57,634±; the County’s share is $14,915±; the Bronx Valley Sewer District’s share is $2,145±; Fairview Fire District’s share is $17,385±; the Consolidated Sewer Mtc. District’s share is $504±. Refunds from all sources total $115,442±
Attachments TB 2013 0313 AT-8 reso Settle Roger Bradley 360 Tarrytown Rd Tax Cert R 0310 TB 2013 0313 AT-8 data Bradley 360 Tarrtown Rd Tax Cert School Dist Ltr TB 2013 0313 AT-8 data Bradley 360 Tarrytown Rd Tax Cert Spreadsheet AT-8 – 03/13/13
RESOLUTION AUTHORIZING TAX CERTIORARI SETTLEMENT WITH PETITIONER ROGER BRADLEY REALTY ASSOC. LLC FOR PROPERTY LOCATED AT 360 TARRYTOWN ROAD
WHEREAS, petitions have been filed by the property owner below challenging real property tax assessments on the Town's assessment roll; and WHEREAS, petitioner’s court challenges are now pending in Supreme Court, Westchester County; and WHEREAS, the Town and property owner have reached a mutually agreeable resolution; and WHEREAS, the Town commissioned the preparation of a preliminary analysis, a copy of which was provided to the Greenburgh Central School District No.7, which analysis was utilized in the settlement process; and WHEREAS, the School District within which the subject parcel is located has intervened in this matter and has approved the proposed settlement (see attached letter, dated January 11, 2013); and WHEREAS, the Town Board has had an opportunity to review the Town Attorney’s file on this matter and has been satisfied that the proposed settlement is deemed to be just, reasonable and in the interest of the Town of Greenburgh; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Greenburgh hereby authorizes the Town Attorney to execute for the property listed below the following settlement on behalf of the Town and all Special Districts at revised assessments of no less than the following amounts: Petitioner Address/Description Years Roger Bradley Realty Assoc. LLC 360 Tarrytown Road 2008-2012 Section 7.480, Block 297, Lot 19 Account# 7235190 Assessment Year Assessment Revised Assessment Reduction 2008 86,550 60,000 26,550 2009 86,550 60,000 26,550 2010 86,550 60,000 26,550 2011 86,550 60,000 26,550 2012 86,550 60,000 26,550 The Town’s share of the refund is $22,859±; the Greenburgh Central School District No. 7’s share is $57,634±; the County’s share is $14,915±; the Bronx Valley Sewer District’s share is $2,145±; Fairview Fire District’s share is $17,385±; the Consolidated Sewer Mtc. District’s share is $504±. Refunds from all sources total $115,442±. (Please refer to the attached spreadsheet.)
R 03/10/2013
Town Board- Regular Meeting Date: 03/13/2013
Text/Header: CL 1 - 3/13/13 Resolution setting a Public Hearing for Wednesday, March 27, 2013, at 7:30 PM, to consider a Local Law regulating residential building height
Attachments TB 2013 0313 CL-1 reso Set LL Public Hearing re Residential Building Height R 0310 CL-1 – 03/13/13
RESOLUTION SETTING A PUBLIC HEARING FOR WEDNESDAY, MARCH 27, 2013, AT 7:30 PM, TO CONSIDER A LOCAL LAW REGULATING RESIDENTIAL BUILDING HEIGHT
BE IT RESOLVED, by the Town Board of the Town of Greenburgh that the Town Clerk set a Public Hearing for Wednesday, March 27, 2013, at Greenburgh Town Hall, located at 177 Hillside Avenue, Greenburgh, New York, at 7:30 p.m. or as soon as practicable thereafter, to hear comment on a proposed Local Law regulating residential building height.
R 03/10/2013
Comptroller Town Board- Regular Meeting Date: 03/13/2013
Text/Header: CO 1 - 3/13/13 Resolution authorizing Capital Budget Amendments for Fiscal Years 2008 and 2010
Attachments TB 2013 0313 CO-1 reso Amend Capital Budgets FY 2008 and 2010 R 0310 CO-1 – 03/13/13
RESOLUTION APPROVING CAPITAL BUDGET AMENDMENTS FOR FISCAL YEARS 2008 AND 2010
WHEREAS, the Town is obligated by New York State Finance Law to maintain a balanced budget in the Capital Projects Fund; and
WHEREAS, it was determined that subsequent to the approval and bonding of the capital projects, grants were applied for and received to enhance the financing of those capital projects;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Greenburgh hereby amends the Capital Budgets for Fiscal Years 2008 and 2010 by increasing the amounts so authorized for the capital projects approved by those Capital Budgets, for those fiscal years, as follows:
H.0108.040.1 $15,000.00 Purchase of Equipment
H.0110.040.4 $461,841.00 Reconstruction of Roads
The increases authorized for H.0108.040.1 and H.0110.040.4 are covered by New York State grants, NYS
Lifepak Defibrillator and Construction of Highway Improvement Projects, respectively.
R 03/10/2013
Comptroller Town Board- Regular Meeting Date: 03/13/2013
Text/Header: CO 2 - 3/13/13 Resolution authorizing a budget amendment to the Town Outside Village Fund for fiscal year 2013 to increase the estimated revenue for Young Achievers-Lanza donation and increase appropriation for Program Activities-Youth Development
Attachments TB 2013 0313 CO-2 reso Amend 2013 Budget-B Fund re Lanza Young Achiever Grant R 0310 CO-2 – 03/13/13
RESOLUTION APPROVING A BUDGET AMENDMENT TO THE TOWN OUTSIDE VILLAGE FUND FOR FISCAL YEAR 2013 TO INCREASE THE ESTIMATED REVENUE FOR YOUNG ACHIEVERS –LANZA DONATION AND INCREASE THE APPROPRIATION FOR PROGRAM ACTIVITIES-YOUTH DEVELOPMENT
WHEREAS, the Town is obligated by general municipal law to maintain a balanced budget in the
Governmental Funds and the Proprietary Funds; and
WHEREAS, the Town Board of the Town of Greenburgh accepted a $10,000 donation from the
Lanza Foundation, by Resolution PH-3 on February 27, 2013; and
WHEREAS, the 2013 budget, adopted by the Town Board on 12/18/12, did not anticipate the generosity of the Lanza Foundation’s $10,000 donation or the specific purpose for which it was intended; and, therefore, the Town Outside Village Fund must be amended to increase the estimated revenues for
Young Achievers-Lanza Donation on line B.27.2705.15 by $10,000 and increase the appropriation for
Program Activities–Youth Development on line B.7310.409.6 by $10,000;
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Greenburgh hereby amends the 2013 Town Outside Village Fund by increasing the estimated revenues for Young
Achievers-Lanza Donation on line B.27.2705.15 by $10,000 and increasing the appropriation for Program
Activities-Youth Development on line B.7310.409.6 by $10,000.
R 03/10/2013
Comptroller Town Board- Regular Meeting Date: 03/13/2013
Text/Header: CO 3 - 3/13/13 Resolution authorizing a budget amendment to the Town Entire fund for fiscal year 2013 to increase estimated revenue for program activites and increase appropriation for municipal association dues from the Regeneron donation
Attachments TB 2013 0313 CO-3 reso Amend Town Entire Fund re Regeneron Donation R 0310 CO-3 – 03/13/13
RESOLUTION APPROVING A BUDGET AMENDMENT TO THE TOWN ENTIRE FUND FOR FISCAL YEAR 2013 TO INCREASE THE ESTIMATED REVENUE FOR PROGRAM ACTIVITY DONATIONS AND INCREASE THE APPROPRIATION FOR MUNICIPAL ASSOCIATION DUES
WHEREAS, the Town is obligated by General Municipal Law to maintain a balanced budget in the Governmental Funds and the Proprietary Funds; and
WHEREAS, the Town Board accepted a $5,000 donation from Regeneron Pharmaceuticals Inc
(Regeneron) , by Resolution TB-1 on February 27, 2013; and
WHEREAS, the 2013 budget, adopted by the Town Board on December 18, 2012, did not anticipate the generosity of Regeneron’s $5,000 donation or the specific purpose for which it was intended; and, therefore, the Town Entire Fund must be amended to increase the estimated revenues for
Program Activity Donations on line A.27.2705.07 by $5,000 and increase the appropriation for Municipal
Association Dues on line A.1920.461.0 by $5,000;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Greenburgh hereby amends the 2013 Town Entire Fund by increasing the estimated revenues for Program Activity
Donations on line A.27.2705.07 by $5,000 and increasing the appropriation for Municipal Association
Dues on line A.1920.461.0 by $5,000.
R 03/10/2013
Parks & Recreation Town Board- Regular Meeting Date: 03/13/2013
Text/Header: PR 1 - 3/13/13 Resolution authorizing the Town of Greenburgh's Department of Parks and Recreation to accept a $2,000 donation from the Metropolis Country Club Foundation represented by Natalie Robinson, to be used for financial assistance for summer camps
Attachments TB 2013 0313 PR-1 reso Accept $2,000 Donation from Metropolis CC for PR Summer Camps R 0310 PR-1 – 03/13/13
RESOLUTION ACCEPTING A $2,000 DONATION FROM THE METROPOLIS COUNTY CLUB FOUNDATION, REPRESENTED BY NATALIE ROBINSON, TO BE USED FOR FINANCIAL ASSISTANCE TO SUPPLEMENT FEES FOR QUALIFIED APPLICANTS ATTENDING DEPARTMENT OF PARKS AND RECREATION SUMMER DAY CAMPS
WHEREAS, the Metropolis County Club Foundation, represented by Natalie Robinson, would like to make a donation of $2,000.00 to be used for financial assistance qualified applicants for Department of Parks and Recreation summer day camps; and
WHEREAS, the Town of Greenburgh Department of Parks and Recreation requests the Town Board accept the $2,000.00 donation offered by the Metropolis Country Club, 18 Fox Hall Place, Scarsdale, NY 10583, represented by Natalie Robinson, for financial assistance to supplement fees for qualified applicants attending Department of Parks and Recreation summer day camp;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Greenburgh hereby gratefully accepts the generous $2,000.00 donation offered by the Metropolis Country Club Foundation, represented by Natalie Robinson, for financial assistance to supplement fees for qualified applicants attending Department of Parks and Recreation summer day camp.
R 03/10/2013
Public Works Town Board- Regular Meeting Date: 03/13/2013
Text/Header: PW 1 - 3/13/13 Resolution awarding the contract for the Floor Replacement in the Multi-Purpose Room at the Theodore D. Young Community Center to Gugliotti Associates, Inc., the lowest bidder, in the amount not to exceed $88,800
Attachments TB 2013 0313 PW-1 reso Award TDYCC MPR Floor Replacement to Gugliotti Assoc R 0311 TB 2013 0313 PW-1 data TDYCC Gym Floor Bid- Tabulation Memo R0313 TB 2013 0313 PW-1 data TDYCC Gym Floor Bid- Gugliotti Assoc TB 2013 0313 PW-1 data TDYCC Gym Floor Bid- Northeastern Hardwood Floors TB 2013 0313 PW-1 data TDYCC Gym Floor Bid- Nua Construction Corp PW-1 – 03/13/13
RESOLUTION AWARDING THE CONTRACT FOR THE FLOOR REPLACEMENT IN THE MULTI-PURPOSE ROOM AT THE THEODORE D. YOUNG COMMUNITY CENTER TO GUGLIOTTI ASSOCIATES, INC., THE LOWEST BIDDER, AT A COST NOT TO EXCEED $88,800
WHEREAS, on February 20, 2013, the Department of Public Works received three (3) bids for the installation of wood flooring in the Multi-Purpose Room at the TDYCC Community Center, a summary of which appears below; and
CONTRACTOR BID AMOUNT Gugliotti Associates, Inc. $ 88,800.00 North Eastern Floors 104,204.00 Nua Construction $ 129,600.00
WHEREAS, the lowest bidder was Gugliotti Associates, Inc., 117 Crescent Avenue, Plantsville, CT 06470, with a bid amount of Eighty-Eight Thousand Eight Hundred Dollars ($88,800.00); and
WHEREAS, based on the recommendation of the Design Professional, Woodard & Curran Engineering and the Bureau of Engineering, the Department of Public Works recommends awarding the contract to the lowest bidder, Gugliotti Associates, Inc. for the installation of a wood floor at the TDYCC Multi-Purpose Center;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Greenburgh hereby awards the contract for the installation of wood flooring in the Multi-Purpose Room at the Theodore D. Young Community Center, to Gugliotti Associates, Inc., the lowest bidder, in an amount not to exceed Eighty-Eight Thousand Eight Hundred Dollars ($ 88,800.00).
R 03/11/2013 Woodard & Curran Engineering P.A. P.C. T 800.807.4080 709 Westchester Avenue | Suite L2 T 914.448.2266 White Plains, New York 10604 F 914.448.0147 www.woodardcurran.com
MEMORANDUM TO: Kenneth V. Cioce, P.E., Town Engineer, Town of Greenburgh FROM: Steven Robbins, P.E. LEED AP DATE: March 7, 2013 RE: TDYCC Multi-Purpose Room Floor Replacement Bid Tabulation
Woodard & Curran prepared bid documents, including drawings and specifications for the replacement of the multi-purpose room floor at the Theodore D. Young Community Center in Greenburgh, NY. The bid period was from February 4, 2013 through February 20, 2013. Three bids were received, and upon review, Gugliotti Associates, Inc. was the lowest bidder had a complete bid package. We therefore recommend award of the contract to Gugliotti Associates, Inc.. A tabulation of all three bids is presented in the table below.
North Eastern Gugliotti Nua Construction Bidder Hardwood Associates, Inc. Corp. Floors, Inc. BASE BID Description Item Multi-purpose Room Floor 1 $78,800.00 $94,204.00 $119,600.00 Replacement
2 MAW $10,000.00 $10,000.00 $10,000.00
BASE BID SUBTOTAL $88,800.00 $104,104.00 $129,600.00 Bid Documents & Requirements (Yes/No) Bid Signed YES YES YES Furnished Bid Bond or Check YES YES YES Furnished References YES YES YES
Town of Greenburgh (213991) 1 Woodard & Curran Engineering P.A. P.C. TDYCC Multi-purpose Room Floor Replacement Bid Tabulation March 7, 2013
Public Works Town Board- Regular Meeting Date: 03/13/2013
Text/Header: PW 2 - 3/13/13 Resolution authorizing execution of a cleaning service contract with Westchester ARC to clean 177 Hillside Avenue/Town Hall and 30 Manhattan Avenue/Lois Bronz Children's Center during the period January 1, 2013 through December 31, 2013, at an annual cost not to exceed $64,701.03 (To be held over to March 27, 2013 meeting)
Theodore D. Young Comm. Ctr. Town Board- Regular Meeting Date: 03/13/2013
Text/Header: TY 1 - 3/13/13 Resolution authorizing personnel from the Department of Community Resources Theodore D. Young Community Center to travel to various colleges and universities in Mid-Atlantic states from March 24 - March 29, 2013
Attachments TB 2013 0313 TY-1 reso Auth TDYCC Personnel to go on 2013 HBCU Tour R 0311 TY-1 – 03/13/13
RESOLUTION AUTHORIZING PERSONNEL FROM THE DEPARTMENT OF COMMUNITY RESOURCES THEODORE D. YOUNG COMMUNITY CENTER TO TRAVEL TO VARIOUS COLLEGES AND UNIVERSITIES IN MID- ATLANTIC STATES FROM MARCH 24 – MARCH 29, 2013
WHEREAS, the Department of Community Resources is a department of the Town of Greenburgh and said Department has a wide range of services for youth; and
WHEREAS, it is the goal of this department to expose youth who might not otherwise get the opportunity, to visit colleges and universities and learn about higher educational opportunities; and
WHEREAS, Kappa Alpha Psi Fraternity Inc., is sponsoring its sixth annual historically black college and university tour in the Mid-Atlantic states; and
WHEREAS, the Department of Community Resources has determined that two (2) chaperones are needed to adequately provide the coverage for this trip, for a maximum of 20 youth participants; and
WHEREAS, this trip will cost a total of $10,000 and the Lanza Family Foundation has generously donated the $10,000 to cover the cost of this college tour for the 20 youth participants; and
WHEREAS, the parent(s) of each participant in the trip will complete and sign a permission slip/waiver form approved by the Town Attorney;
NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Greenburgh hereby authorizes James Robinson and Monique Gadson to travel to various Colleges and Universities located in Maryland, Pennsylvania, Virginia and Washington, D.C., as chaperones from March 24-29, 2013, with funds appropriated from B.7310.409.6.
R 03/11/2013