HomeMy WebLinkAbout2019_12_18 Town Board Meeting Packet TOWN OF MAMARONECK
TOWN BOARD AGENDA
WEDNESDAY DECEMBER 18, 2019
THE TOWN BOARD WILL CONVENE AT 5:00PM, IN CONFERENCE ROOM A
TO DISCUSS:
1 . Review - Preliminary 2020 Operating/Capital Budgets
2. Proposed Community Solar Agreement
3. Discussion - Resolution Town Parking Lots
4. Correspondence - Kate Beeby
5. Correspondence - Michael Katz
6. New Business
7. Request for Executive Session
8:00PM CALL TO ORDER -COURTROOM
SUPERVISOR'S REPORT
CITIZEN COMMENTS
BOARD OF FIRE COMMISSIONERS
1 . Fire Claims
2. Other Fire Department Business
AFFAIRS OF THE TOWN OF MAMARONECK
1. Adoption 2020 Town Budget-"
2. Set.Public Hear ing = Mechanical ft 4da-e i
3. Resolution -Town Parking Lots
4. Consideration of Certiorari (bk fucbt
REPORT4OF MINUTES
REPORTS OF THE COUNCIL
TOWN CLERK'S REPORT
NEXT REGULARLY SCHEDULED MEETINGS-January 8, 2020 & January 22, 2020
Any physically handicapped person needing special assistance in order to attend
the meeting should contact the Town Administrator's office at 381-7810.
TOWN BOARD MEETING
WORKSESSION AGENDA
WEDNESDAY, DECEMBER 18, 2019
5:00PM - CONFERENCE ROOM A
1. Review- Preliminary 2020 Operating/Capital Budgets
(see attached)
2. Proposed Community Solar Agreement
(document to be delivered Monday)
3. Discussion - Resolution Town Parking Lots
(see attached)
4. Correspondence- Kate Beeby
(See attached)
5. Correspondence- Michael Katz
(see attached)
6. New Business
7. Request for Executive Session
�° ,"9., TOWN OF MAMARONECK
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OFFICE OF THE COMPTROLLER Tel:914-381-7850
Fax:914-381-2110
towncomptroller@townofmamaroneckny.org
TO: Stephen Altieri,Town Adminsitrator
Nancy Seligson,Town Supervisor _
Town Board Members
FROM: Tracy Yogman,Comptroller 1 (,
DATE: December 13, 2019
SUBJECT: 2020 Preliminary Budget Adjustments
The 2020 Preliminary Budget as reviewed by the Town Board included management's best estimates of various
expenses, including state mandated costs. The Preliminary Budget included a rate increase of 5.7%for healthcare
premiums which was the best estimate provided by the New York State Health Insurance Program (NYSHIP). A few
days ago,the Town received the finalized health benefit rates from NYSHIP.The final rates are 1.6%lower than the
2019 rates. This reduction is most likely due to the impending cadillac tax that employees will be required to pay if
the cost of the plans exceed the established threshholds beginning in 2022.
As a result,the healthcare costs in the preliminary budget can be reduced by approximately$303,000.A reallocation
of this savings is proposed.A thorough review of the 2020 capital projects was completed to determine the best use
of this one-time savings.
The majority of the savings is in the General, Part Town and Highway Fund. It is recommended that the savings fund
many of the proposed technology projects that are currently funded through debt issuance In the Preliminary
Budget.Technology costs can be volatile and often requires upgrades of many difierent systems at the same time.
The Town will save approximtaely$350k in debt service in future years at the current rates if this recommendation
is adopted. Attached please find revised Capital Budget pages that reflect these funding adjustments.The expense
items will be adjusted in the Adopted Budget upon approval.
TOWN OF MAMARONECK
REVISIONS TO THE 2020 PRELIMINARY BUDGET
The 2020 Preliminary Budget was submitted to the Town Supervisor and Town Board on
December 4, 2019. Following a series of budget meetings, including departmental presentations
and a thorough review, the following adjustments have been made and incorporated into the
2020 Adopted Budget:
OVERVIEW
• Reduce healthcare costs based on NYSHIP's final 2020 rate schedule. Rates were reduced
by approximately 1.6%. The Preliminary Budget include an increase of 5.7%based on
NYSHIPS best estimate. The total savings is approximately$303k across all funds.
• Increase capital project transfers to reduce proposed bonding as a result of the healthcare
savings which will reduce debt service in future years.
BUDGET ADJUSTMENTS
The following Budget Adjustments have been made to the 2020 Preliminary Budget and
are included in the Adopted Budget:
Item: Type Budget Account Amount
1 Heath Insurance Expense Expense A-9000-9060 $ (80,800)
Heath Insurance Expense Expense B-9000-9060 (130,000)
,Heath Insurance Expense Expense DB.9000.9060 (49,200)
Heath Insurance Expense Expense SF.3410.9060 (43,000)
Contingency Expense SF.3410.4050 43,000
•
Transfer to Capital Projects Expense A-9900-9950 80,800
Transfer to Capital Projects Expense B-9900-9950 130,000
Transfer to Capital Projects Expense DB-9900-9950 49,200
Total Appropriation Adjustments -
. 1
TOWN OF MAMARONECK
2020 CAPITAL BUDGET PROGRAM NARRATIVE
The Capital Projects Fund is used to account for financial resources allocated for the acquisition,
construction or renovation of major capital facilities, road rehabilitation, infrastructure
improvements or the purchase of capital assets. Capital expenditures occur periodically and are
spent over multiple years. This fund also includes routine capital expenditures such as furniture,
computer equipment and replacement of the vehicle fleet.
Capital Assets, as they are commonly referred to, are inventoried physical assets, constructed,
purchased or donated to the Town valued at$5,000 or more with a useful life of at least five years.
All Capital Assets must be tagged to facilitate tracking. The Comptroller maintains accountability
over all tangible asset records and such records are verified once a year by a physical inventory
conducted by the department responsible for its care and maintenance.
All capital projects are undertaken only after analysis of need, review of alternative options, and
funding identification. The Town may fund the cost to acquire and maintain Capital Assets in one
of several ways:the issuance of a bond,government grants for qualifying assets,operating revenue
or fund balances.The method of funding is determined at the time the funds are required.
Capital expenditures tend to vary from year to year much more than operating expenses.The 2019
Town's Capital Budget was$7.1 million. Of this amount $400,000 was funded through grants and
$6.7 million was funded by the Town through various sources. In the 2020 Capital Budget totaling
$10.2 million, $1.4 million or 13% is for roadway infrastructure, $3.8 million for water system
improvements, $2.1 million for recreation facilities and the balance of $2.8 million is for other
needed infrastructure and equipment purchases.
Funding for any one capital project may include several different sources of funds.The Town's goal
is to bond an amount that does not increase debt service in the operating budget. This has been
achieved in most years by issuing debt for approximately the same amount or less of principal paid
in any given year.
As a cost saving measure, the Town did not bond for projects that did not need funding in 2019.
The Town intends to issue debt in the amount of$3.1 million for the outstanding bonds related to
the 2019 capital projects that were either just begun at the end of 2019 or were deferred to 2020.
The debt for 20202 projects will be$8.4m.The total bond issue will be approximately$11.5 million
for the 2019 and 2020 capital projects. Debt is anticipated to increase by a net$9.1 million to fund
capital projects.
The debt related to the capital budget will increase the 2021 debt service budget by approximately
$700,000.We anticipate the capital budget will increase the Town's debt service from$3.5 million
to$4.2 million in 2021.The additional debt service will be funded from tax revenues.
The proposed capital projects are provided by categories for 2020. A report detailing each of the
projects is provided as a separate document. Most of these projects are replacements or
enhancements and as such there is no effect on the 2020 Operating Budgets.
320
TOWN OF MAMARONECK
2020 CAPITAL BUDGET
PROJECTS SUMMARY
Grants/Local Interfund
Project Category Total Project Cost Bans/Bonds Sources Transfers
Vehicles/Equip $ 1,205,000 $ 882,500 $ 62,500 $ 260,000
Town Building Improvements 1,047,150 923,150 124,000
Recreation Fad ltites 2,077,670 1,935,000 142,670
Roadway&Highway Improvements 1,358,377 1,056,000 274,877 27,500
Sanitary Sewer System 171,000 82,500 85,500 3,000
Water System Improvements* 3,782,800 3,264,000 518,800
Information Technology 389,334 82,000 307,334
Other Projects 221,575 151,000 70,575
TOTAL $ 10,252,906 $ 8,376,150 $ 546,877 $ 1,329,879
*Value of Town share of total WJWW projects
Other Projects
Total Project Cost 2% Vehicles/Equip Town Building
Information Technology 129` Improvements
q°% 10%
Water System 1
Improvements* , ,I
37%
fi
T
i
I 101
Recreation
Facihites
20%
I
Sanitary Sewer System ./ Roadway&Highway
Improvements
2%
13%
321
TOWN OF MAMARONECK
2020 CAPITAL BUDGET
BY FUND
GRANTS/ INTERFUND
PROJECT Fund PROJECT BONDS/BAN LOCAL TRANSFER TO
DESCRIPTION BUDGET
SERVICES CAPITAL
General Fund-
Townwide A $2,376,979 $1,964,000 $124,000 $ 288,979
Part Town Fund B 898,100 620,000 278,100
Highway DB 2,530,527 2,020,150 337,377 173,000
Ambulance SM 114,500 114,500
Fire District SF 219,000 151,000 68,000
Garbage District SR 160,000 160,000
Sewer District SS 171,000 82,500 85,500 3,000
Water District SW 3,782,800 3,264,000 518,800
Total $10,252,906 $8,376,150 $546,877 $1,329,879
CAPITAL PROJECTS BY FUND
General Fund-
Water District Townwide
37% 23%
Sewer District
2% Part Town Fund
9%
Garbage District
1% Fire District
2% Ambulance High
322
TOWN OF MAMARONECK
2020 CAPITAL BUDGET
VEHICLES & EQUIPMENT
Vehicles and equipment are evaluated and replaced in accordance with a replacement plan. All
of the equipment listed below are replacements for vehicles/equipment that are beyond their
useful life. It is anticipated that these investments may slightly reduce repair and fuel costs in the
operating budget. Debt service will begin in 2021.
Useful PROJECT GRANTS/LOCAL INTERFUND
PROJECT DESCRIPTION Fund Budget Code Life BUDGET BONDS/BAN SERVICES TRANSFER TO
CAPITAL
Zamboni-Ice Rink A H.7265.0400.2020.71 10-19 yrs $115,000 $115,000
FleetCar-Recreation A H.7020.0400.2020.72 5-9 yrs 30,000 $30,000
20 Yard Passenger Bus A H.6772.0400.2020.22 10-19yrs 65,000 65,000
Police Vehicles(2) B H.3120.0400.2020.72 5-9 yrs 90,000 90,000
SUV-Light Duty Engineering B H.1440.0400.2020.72 5-9 yrs 30,000 30,000
Skid Steer Loader DB H.5110.0400.2020.06 10-19 yrs 140,000 140,000
Dump Truck-10 Wheel DB H.5110.0400.2020.06 10.19 yrs 270,000 270,000
Salt Spreader DB H.5110.0403.2020.06 10-19 yrs 70,000 70,000
Utility Trailer DB H.5110.0400.2020.06 10-19 yrs 20,000 20,000
Pickup Light Duty DB H.5110.0400.2020.06 5-9 yrs 40,000 40,000
Brine System DB H.5142.0400.2020.10 125,000 62,500 62,500
SIN-Fire Department SF H.3410.0400.2020.72 5-9 yrs 50,000 50,000
20 Yard Refuse Vehide SR H.8160.0400.2020.09 10-19yrs 160,000 160,000
Total $1,205,000 $882,500 $62,500 $260,000,
TOWN BUILDING IMPROVEMENTS
An assessment of town-wide buildings was completed and renovation projects were prioritized
based on building conditions, need and funding sources. It is anticipated that the following projects
may create energy savings in the operating budget. Debt services will begin in 2021.
GRANTS/ INTERFUND
PROJECT DESCRIPI1ON Fund Budget Code Useful Life PROJECT BUDGET BONDS/BAN LOCAL TRANSFER TO
SERVICES CAPITAL
Senior Center Renovation-Includes
Flood ng,heati ng,HVAC,painti ng,I ighti ng,a lectrica l
upgrades A H.6772.0400.2020.58 10-19 yrs $248,000 $124,000 $124,000
Sheldrake-Driveway A H.7150.0400.2020.40 10.19 yrs 100,000 100,000
Town Center Flooring A H.1620.0403.2020.14 20+yrs 200,000 200,000
Highway Office Building HVAC DB H.5110.0400.2020.38 20+yrs 108,000 108,000
Highway Garage Doors DB H.5110.0403.2020.38 10.19 yrs 150,000 150,000
Highway Garage-Radiant Heat DB H.5110.0400.2020.38 20+yrs 126,650 126,650
VAC Building HVAC SM H.4191.0400.2020.59 10.19 yrs 114,500 114,500
Total $1,047,150 $ 923,150 $124,000
323
TOWN OF MAMARONECK
2020 CAPITAL BUDGET
RECREATION FACILITIES
We look to identify the greatest need for our recreation facilities and meet that need with
either renovation or expansion of existing facilities or develop new facilities. The projects
listed below are intended to meet some of the recreation needs of the community and
improve our operations. Debt service will begin in 2021.
INTERFUND
Useful PROJECT GRANTS/LOCA
PROJECT DESCRIPTION Fund Budget Code BONDS/BAN TRANSFER TO
Life BUDGET LSERVICES
CAPITAL
Hommocks Pool Renovation A H.7180.0403.2020.25 20+yrs $ 1,400,000 $ 1,360,000 40,000
Ice Rink Office-HVAC A H,7265.0400.2023.24 5-9 yrs 8,000 8,000
Ice Rink Offices-Flooring A H.7265.0400.2020.24 10-19 yrs 7,670 7,670
Ice Rink Office Workstation A H.7265.04002020.24 10-19 yrs 6,000 6,000
Storage Garage A H.7020.0400.2020.31 10-19yrs 6,000 6,000
Memorial Park Playground B H,7140,0400.2020,31 20+yrs 650,000 575,000 75,000
Total $1,427,670 $1,360,000 $67,670
ROADS & HIGHWAY IMPROVEMENTS
Roadway conditions are evaluated annually and prioritized based on their condition. Annual
funding from the State is received to help fund the Town's road resurfacing program. Curbs and
sidewalks are also prioritized for funding. The capital budget includes a comprehensive evaluation
of roadways and rank the level of deterioration, provide a pavement management plan and provide
alternative paving techniques that will extend the life of the roads.
GRANTS/LOCAL INTERFUND
PROJECT DESCRIPTION Fund Budget Code Useful life PROJECT BUDGET BONDS/BAN TRANSFER TO
SERVICES
CAPITAL
Resurfacing of Roads DB H.5110.0400.2020.04 20+yrs $684,877 $566,000 $118,877
Sidewalks and Curbs DB H.5110.0400.2020.73 20+yrs 334,000 334,000
Harmon Drive Sidewalk DB H.5110,0400.2020.74 10-19yrs 312,000 156,000 156,000
Townwide Pavement Evaluation DB H.5110.0400.2020.75 1-3yrs 27,500 27,500
Total $1,358,377 $1,056,000 $274,877 $27,500
324
TOWN OF MAMARONECK
2020 CAPITAL BUDGET
SANITARY SEWER SYSTEM & STORM DRAINAGE IMPROVEMENTS
SANITARY SEWER SYSTEM
The most significant of our underground utilities is the sanitary sewer system. For 2020 the Town
will purchase a sewer camera system which will be utilized by both the Town of Mamaroneck and
the Village of Mamaroneck as a shared service. The Village will fund half of the cost of the system.
Useful PROJECT GRANTS/ INTERFUND
PROJECT DESCRIPTION Fund Budget Code Life BUDGET BONDS/BAN LOCAL TRANSFER TO
SERVICES CAPITAL
Sewer Camera System Vehicle SS H.8120.0400.2020.76 10-19 yrs $165,000 $82,500 $82,500
Arc GIS Software SS H.8120.0400.2020.19 6,000 3,000 3,000
Total $171,000 $82,500 $85,500 $3,000
WATER SYSTEM IMPROVEMENTS
The Town is a member of the Westchester Joint Water Works (WJWW), a public benefit
corporation who supplies water to its members. As such the Town's share of capital projects is
18.5%. The Town funds its share of the projects through the Capital Fund. Debt service will begin
in 2021 and there is no anticipated effect on the Town's operating budget. The 2020 planned
projects are as follows:
GRANTS INTERFUND
PROJECT DESCRIPTION Fund Budget Code Useful Life PROJECT BUDGET BONDS BAN LOCAL TRANSFER TO
SERVICES CAPITAL
Rye Lake UV Treatment SW H,8340.0400.1352,12 $1,536,000 $1,536,000
Winged Foot Storage Tank SW H.8340,0400.13XX 576,000 576,000
Shaft 22-Chlorination System SW H.8340.0400.13XX 96,000 96,000
Rye Lake Filtration Plant SW H,8340,0400.13XX 1,152,000 1,152,000
Preserve Regulator Vaults#1&2 SW H.8340.0403.13XX 172,800 172,800
Road Paving SW H.8340.0400,13XX 250,000 250,000
Total $3,782,:r r $3,264,000 $0 $518400
325
TOWN OF MAMARONECK
2020 CAPITAL BUDGET
INFORMATION TECHNOLOGY
The rapidly changing pace of technology provides significant opportunities to transform how the
Town provides services. Strategic investments are needed to upgrade technology and create
systems that are more efficient and user-friendly. The following list of projects are planned for
2020. No additional costs will be incurred in the 2020 operating budget as a result of these projects.
Debt service and maintenance costs will begin in 2021.
GRANTS/ INTERFUND
PROJECT
PROJECT DESCRIPTION FUND BUDGETCODE BONDS/BAN LOCAL TRANSFER TO
BUDGET
SERVICES CAPITAL
Software
Office 2019 Pro Plus Yr 2 Pmt A $ 34,000 34,000
Active Directory 2016 Configuration A 25,000 25,000
RS Two Factor A 44,000 44,000
Edmunds Core MCSi/Modules-requisiton and Escrow
$4500ea A 9,000 9,000
Engineering Dept-ARC Facilities A 8,134 8,134
Domain Controller Server Configuration B 25,000 25,000
Municity 5 Land Use B 30,000 30,000
Edmunds Core RTA Replacement DB 17,500 17,500
Edmunds Core MCSi/Modules-Fleet 3700 DB 3,700 3,700
Municity DPW-Work orders DB 28,000 28,000
SUBTOTAL H.1680.0400.2020.20 $ 224,334 $ $ - $ 224,334
Hardware
Server Replacement A 6,000 6,000
Wi Fi upgrade-TC Parking Lot,Lot 1A,VFW&Rink A 11,000 11,000
Access Controls-Rec&Comptrollers A 12,000 12,000
Workstations A 13,500 13,500
Server Replacement B 45,000 45,000
Municity 5 Tables for building inspectors &engineers B 9,000 9,000
Access Controls-Highway garage DB 37,000 37,000
Highway Garage Computer-Fleet Diagnostic DB 13,500 13,500
Fire Mobile Tech-4 Vehicles SF 18,000 18,000
SUBTOTAL H.1680.0400.2020.20 165,000 82,000 - 83,000
TOAL CAPITAL $ 389,334 $ 82,000 $ - $ 307,334
326
TOWN OF MAMARONECK
2020 CAPITAL BUDGET
MISCELLANEOUS PROJECTS
Various miscellaneous projects are planned for 2020. No additional costs will be incurred in the
operating budget. Debt service will begin in 2021.
GRANTS
PROJECTDESCIIP110N Fund Budget Code Useful life PROJECT BUDGET BONDS/BAN LOCAL INTERFUNDTRANSfER
TO CAPITAL
SERVIaS
Sheldrake Trails-Bridge Repair A H.8510.0400,1020,79 10,000 10,000
Furniture Replacement-Senior Center A H.67/2.04012020,52 9,675, 9,675
Hommocks Conservation Area A H.8510.0403.2013,34 5-9 yrs 9,000 9,000
Ballistic Protective Energy B H.3120.040,2020.77 7,700 7,700
Weapon Replacement B H.3120.0400,2020,T1 11,400 11400
Manhold Cover Lifter DB H.5110.0400,2020.06 5-9 yrs 6, I. 6, 11
Pressure Washer DB H.5110.0100.2020.06 10-19 yrs 16,000 16,000
Emergency Radio Upgrade SF H.3410.0400,2020,67 151,000 151,000
Total $221,515 $151,000 0,515
327
w1 S # 9
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740 West Boston Post Road,Mamaroneck,NY 10543-3353
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OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
saltieri@townofmamaroneckny.org
www.townofmamaroneckny.org
Memorandum
To: Supervisor and Town Board
Re: Review of Kate Beeby Letter
Date: December 14, 2019
Having read through the memorandum and in view of the busy work session
agenda on December 18, I thought it might be helpful to the Town Board to try to
separate the issues in the memorandum. Some of the issues could be considered
by the Board in the short term, while others would require much more time for
consideration due to the potential implications on land use regulations in the Town.
Issues Regarding the Rock Removal Law
• In the fourth paragraph mention is made of the term "best practices". This is
a common term for construction related activities. As technology changes so
do the "best practices". Therefore, the recommendation is to leave this term
in the law so that we do not have to continually look to change the
standards.
• Shorten the rock removal period to 10 days. This is obviously a policy issue
for the Board to consider however we know that regardless of the size of the
home, there are times when the rock removal task can take longer than 10
days. The fifteen-day requirement proposed in the amended law is consistent
with the Village of Larchmont's regulations.
• Shorten the hours of the day to 9am-3pm to include the loading of trucks
and hauling of the material. This is also a policy consideration however there
can be a scenario where material other than pure rock is being loaded and
hauled away from the site. A contractor could be hauling fill into or out of a
site for construction. So on this matter there is the issue of differentiating fill
from rock and the possible longer construction period if the hours are
restricted for hauling.
• Do not allow rock removal on school testing days: The Larchmont Village
Codes states that rock removal cannot take place within 500 feet of a public
or private school on testing days. We would have to speak to Larchmont to
determine how that is enforced. The law also does not indicate what type of
testing triggers the regulation and how the Town or the contractor would
become aware of school testing days. This is potentially a difficult regulation
to administer without the active participation of the school district.
• Require a noise mitigation plan: I don't believe there are quieter rock
hammers and whether noise barriers are practical for residential construction
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I
projects. Would the installation of a noise barrier lengthen the construction
project and the impacts on the neighborhood?
• Independent Inspections of neighboring properties: The Town has included
this in the amended rock removal legislation. The memorandum indicates
that residents should not be responsible for conducting the inspection. Our
legislation agrees with that premise, however we know from blasting
operations, that there are times when the resident wishes to conduct their
own inspection. So we should not take that option away in the law.
• Require wireless vibration monitoring. That is an option that could be
included in the law. However, we would need to research to determine what
are acceptable and unacceptable vibration standards. For blasting, the
builder is required to install seismographs and there are standards for
seismic measurement that are considered acceptable. Seismic readings
above that level trigger the discontinuance of blasting until changes are
made to the size of the charges or the location of the blasting.
• Provision for no more than two permits over five years. There is a question
as to what is accomplished by including this in the law. We could investigate
how many times it has occurred that two permits were issued in a five-year
period.
• Mandate for Wet Drilling: The Town would need to investigate the benefits of
this as an alternative to a dust mitigation plan. For instance, a dust
mitigation plan can be applied to not only rock removal but also the activity
involving the loading of rock into the trucks. It may be more advantages to
control dust for the entire rock removal process, not just drilling and
removal.
• Requirement for Assessment of Rock Type: This would have to be
investigated further. The assessment of rock type may require drilling which
produces noise and more disturbance. The Town would need to investigate
how long the assessment process may take and again, is the process
unnecessarily lengthening construction on the site.
• Construction work hours: The memorandum suggests reducing hours of
construction to just weekdays. As the Town Board has discussed, there are
do-it-yourselfers that would be working on a weekend. Requiring a variance
or special permit seems impractical. For instance what is the process for
issuing the variance or special permit.
• Require permit holders to provide emergency contact information to
neighbors: Right now that information is kept by the Building Department.
One suggestion is to require the Building Department to provide that
information to TMPD and have neighbors work through the Town for any
emergencies that come up. It will also allow for the Town to better
document events or complaints regarding a construction site.
• Requirement for permit holders to be neighborly. There is always an
expectation that contractors will comply with our regulations which are
generally designed to mitigate impacts upon a neighborhood. The additional
Wage
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letter may or may not be enforceable. This would need to be reviewed by
counsel.
• Payment of a fee to neighbors: First there is the question of the legality of
such a fee. This would need to be reviewed by counsel. Also, a contractor
may actually be less sympathetic to the impact upon neighbors. They might
take the position that they paid for the right to be disruptive.
Issues More Related to Land Use Development Regulations
> Throughout the memorandum there is reference the size of basements,
density and the necessity for large homes and basements. This is a Floor
Area Ratio issue that requires more research. The Town Board can consider
whether further adjustments to the Floor Area Ratio are needed but should
also consider balancing that with changes in the type of homes that are in
demand today.
> There is reference to the permitting process and the elevations shown on the
plans for new homes. The Board has implemented the residential site plan
law which has improved the review of new home construction and its impact
upon neighbors. Staff has discussed whether that regulation could be
adjusted to include all major home renovations and not just those involving
the tear down of existing homes and the construction of new homes.
• There is mention of reviewing a number of different impacts when new
homes are constructed including: Light, privacy, green construction, light
pollution, impact upon the sewer system and schools. Residential Site Plan
addresses many but not all of these items. Further research of comparable
residential site plan laws in other communities could be initiated to determine
if adjustments to our law are needed.
> Tree removal: The memorandum suggests further restrictions on tree
removal. The Board in the past has considered this a number of times. The
question of whether to require tree removal permits for all properties is now
necessary could be reviewed.
A more thoughtful process is needed for the changes in land use regulations. The
Town Board may want to consider identifying those regulations such as residential
site plan and FAR to conduct more research. From that research, determine
whether changes in law are needed.
With respect to the Rock Removal law, the plan is to set the public hearing for the
first meeting in February 2020. By that time, we will have comments from the
Planning and Zoning Boards on the proposed law.
Stephen V. Altieri
Town Administrator
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I2- •/ - i9
Town of Mamaroneck
w m Town Center
740 West Boston Post Road,Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
saltieri@townofmamaroneckny.org
www.townofmamaroneckny.org
Memorandum
To: Supervisor and Town Board
Re: Attached Letter-Kate Beeby
Date: December 13, 2019
Attached is a letter from Kate Beebe that touches upon a number of different topics
all stemming from the Rock Removal issue. I thought it might be helpful to prepare
for the Board a memorandum that looks to separate the issues since some are
short term and some long term.
Unfortunately, I could not complete that memo in time for the packet but will send
it to the Board tomorrow.
Stephen V. Altieri
Town Administrator
CI Printed on Recycled Paper
•0
December 4, 2019
To Nancy Seligson, Town Supervisor and the Members of the Town of Mamaroneck Board:
This is in response to your November 20 working group discussions of the draft bill to amend
mechanical rock removal regulations. I write on behalf of our neighbors on Colonial Av and
nearby. Most of us consider this draft bill a good faith response to our concerns regarding
problems associated with unchecked super-sized residential development, like mechanical rock
removal. We hope this is the beginning of an effort to better balance the needs of neighboring
residents with those of developers and owners who wish to do this kind of construction.
Mechanical rock removal is a good place to start because it is so obviously disruptive, and
because of the potential health, safety and habitability issues associated with what can best be
compared to industrial mining operations on what should be quiet residential streets.
Regarding your proposal, we appreciate the added requirements for dust mitigation and surveys
of neighboring structures, and for limiting to two the number of pieces of rock removal
equipment that can be used at any one time. Shortening the number of week day hours that
rock removal is allowed is particularly desirable. But you can do more.
There was some discussion we found worrisome—Town officials seemed concerned about
protecting a property owner's plans for a 9-foot basement, or the unfairness if there are weather
problems that set drilling back. Some of us sensed, at times, that official interest is more aligned
with those seeking super-sized residential projects than with the vast majority of the Town's
residents who would like to be protected from the many negative impacts of this kind of
development. We expect town officials to be working solely toward better balancing the needs
and rights of all residents. Clearly, if you allow multiple rock hammers to mine very hard rock, 9
hours a day for up to 20 days, you are impacting the health and well-being of many, many
people, as well as their ability to enjoy their homes for which they pay taxes, mortgages and
rents. Just because a property owner wants a 9-foot basement to maximize useful living space,
does not mean that his or her neighbors should have to bear the true costs of this greed or
selfishness. Especially when the rest of the neighbors have only partial basements and crawl
spaces for this very reason.
In addition, we are concerned about the use of the term "best practices" in laws. Who decides
what are the best practices? This kind of terminology seems easy to exploit, leaving too much
room for interpretation. We would be curious to know if other municipalities use this
terminology and if so, why. We'd like to see enforceable standards specified whenever possible.
In order to begin addressing the inequities associated with the Town's current building code, we
ask that you:
• Shorten the period that mechanical rock removal is allowed to a total of 10 days, with a
possible 5-day extension for extenuating circumstances. Many of us can testify that even
ten days is too long. Twenty would be unbearable. Again, no one NEEDS a 9-foot high,
N
2000 SF basement. That is just truly unfair to neighbors for the many reasons we have
already shared with you by email, phone and in meetings.
• Shorten the hours allowed for mechanical rock removal that now run from 9 am —6 pm
to end at 3 pm. Keep in mind that filling containers with rock and trucking them
continues both before and after the hammers stop, this activity is also very noisy, dirty
and disruptive. Under present regulation hauling can start at 8 am and end as late as 8
pm. This makes for absurdly long and stressful days for neighbors that extends far
beyond rock removal hours.
• Do not allow mechanical rock removal on school testing days (I believe that both the
VoM and VoL have such provisions).
• Require a noise mitigation plan. I note NYC requires noise barriers and certain types of
quieter construction equipment.
• As you have recommended, require independent, outside engineers to document
neighboring properties and structures (like foundations, chimneys, retaining walls),
before rock removal begins and, also after it ends. Neighbors should not be responsible
for inspecting their own properties for damage, or for paying someone else to do this.
• Require wireless vibration monitoring to be offered to all neighboring property owners
(NYC requires this. A savvy neighbor in Town requested a developer do this while
building another home here, the developer agreed and provided this monitoring as a
courtesy, as this is not expensive. It should be required that permit holders offer this to
all bordering property owners.)
• Include the proposed provision allowing only one mechanical rock removal permit per
year per property with a total of no more than two permits over five years.
• In addition to a dust mitigation plan, mandate wet drilling techniques (which we
understand to be more effective in reducing potentially harmful airborne particulate than
hosing down the site).
• We were very disturbed that the Town tossed the rock dust issue to the County, and the
County tossed it to OSHA. This is not acceptable. Town regulations should require
particulate monitoring. No basement or garage is important enough to risk the health of
those living nearby.
• Consider requiring the permit holder to assess the type of rock on site in advance of
removal. Some rock is just not meant to be removed. The permit holder should be
realistic and be required to adjust plans accordingly in advance.
• Include basement square footage in the calculation of maximum allowable FAR. These
basements are not just utility rooms and garages anymore, they are being developed as
living spaces, like playrooms and offices. The law should reflect this reality. And it might
dissuade developers from including huge basements that require a lot of drilling in their
plans.
• Under current regulations, construction work is allowed 7 days per week for a total of 77
hours per week. Protect neighbors from the possibility of living next to a 77 hour per
week industrial operation. Reduce construction hours to 8 am —6 pm, Monday through
Friday. If someone needs to work on the weekend, require a variance or a special limited
permit.
. .a
• Require that permit holders provide emergency contact information to neighbors.
• Because developers/permit holders can easily shrug off or ignore concerns raised by
neighbors, put them on notice in advance that the Town expects permit holders to be
neighborly, include an affirmative statement in all construction permitting materials,
something like the following: 1 am aware that my project managers, crew and
subcontractors will be working in very dense residential neighborhoods and that our work
may be disruptive to neighbors. I and my agents (my project managers, crew and
subcontractors) will seek to minimize these disruptions and be courteous to neighbors
while we are doing this work. We will not block the flow of traffic with our vehicles, and
we will obey all parking and idling rules. We will obey rules regarding work hours,
including for materials delivery. We will make every effort to minimize dust and dirt from
our efforts. When our neighbors experience an unavoidable inconvenience, we will work
to address their concerns in an informal and neighborly manner. We understand that
people live and work in the homes that are in very close proximity to this worksite, and
with this permit, I will be responsible for minimizing disruption and inconvenience to
neighbors, and for any damage to adjoining properties caused in the course of this work.
Signed:
• Require those seeking mechanical rock removal permits to pay each neighbor
(homeowner or renter) that shares a property line with a mechanical rock removal
project a daily fee of$250 for the inconvenience incurred. This would eliminate some of
the burden of the externalities of this kind of work, allowing neighbors to rent a hotel
room or temporary office space if they need it, or to purchase an air purifier if they are
sensitive to particulate, or to have their car or home windows washed free of rock dust,
or to pay for a visit to the doctor if the particulate aggravates someone's asthma. Such a
payment creates an economic incentive to reduce mechanical rock removal time. Paying
your neighbors for the inconvenience of such disruptive work, economically accounts for
their inconvenience. Neighbors should not have to "pay, or "subsidize" someone else's
super-sized basement through their inconvenience, or loss of use of their homes.
We raised many other issues associated with rampant residential super-sizing. We will continue
to press the Town for change in regard to the following concerns:
• Density/floor area ratio and set back rules—these supersize homes are simply too big. In
the case of tear downs, consider allowing a home no more than 100 percent larger than
the one it replaces. As an example, the replacement at 85 Colonial Av is almost 170
percent larger than the original Cape (this excludes the basement!).
• In the permitting process, require an elevation that reflects how a planned home sits on
its property in comparison to its neighbors on either side. This will allow neighbors a
better idea of how the new building will impact them and the streetscape. The drawings
as now required allow permit applicants to be very selective in what they show, serving
only their "marketing" needs. As an example, the drawings for#85 in did not visually
convey the true height of the stacked and tiered retaining walls, which in reality are very,
very high, and it was impossible for a lay person to see the drive-in sized roof of#30 on
J '
the drawings we were shown. Drafting technology allows for this easily, the Town should
require it as it will allow all involved to make more informed decisions.
• Study the impacts of the growing number of super-sized homes on the environment,
especially Long Island Sound and in regard to flooding experienced by homeowners.
• Study impacts of super-sized homes with triple the bathrooms of the ones they replace
on the sewer system.
• Study and remedy the impacts of replacing 3-bedroom homes with 7-bedroom homes on
the school system.
• Create disincentives to development plans that remove all existing trees. Develop
incentives/disincentives so developers retain and protect mature trees in their site plans.
Require that all mature trees that must be removed be replaced with at least 3 new, slow
growing trees on site. Or, if that number of trees truly cannot be accommodated on site,
require an equivalent donation be made to Trees for our Town.
• Institute a meaningful design review process that takes into account impacts on
neighboring properties like privacy, access to light and air, compressor noise.
• Consider regulating residential outdoor lighting. Research indicates that a home that can
be seen from space is not more secure and creates light pollution that negatively impacts
its neighbors.
• Incentivize green building practices and energy efficiency in the building code.
Again, thank you for revisiting mechanical drilling laws in response to the concerns that have
been raised by me and my neighbors. We urge you to consider this a beginning.
As I have offered in the past, I remain ready to assist you in expanding your efforts to make
residential development more sustainable and to better balance the needs of all residents and
property owners, not just the ones pulling the permit.
Best regards, Kate Beeby
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12/4/2019 RE:on the meeting-no littering signs,and the leafs-asking for motions at next meeting
From:Seligson,Nancy<Supervisor@TownofMamaroneckNY.org>
To:katzmhome@venzonnet<katzmhome@verizon.net>,Alfieri,Stephen<SVAltieri@TowrwfMamamnedcNY.org>
Subject:RE on the meeting no tittering signs,and the leafs-asking for motions at next meeting
Date:Mon,25 Nov 2019 17:50
Lr Michael
Thank you for your email.The Town will consider putting a No Littering sign on the Post Road.We don't need to pass a law since we already have the law for no littering in the Town code.We have to
determine where to place the sign.We will review the signage and spacing on the Post Road for a site.
As for the bagging of leaves,the Town Board is not in favor of changing the current system at this time.There are considerations of increased costs for residents and increased man power needed to pick up
bags.The Town doesn't have the extra garbage trucks needed for bag pick up.We currently use Highway Department equipment to pick up the leaf piles.
‘Ct)Sincerely, �^
Nancy Seligson
Nancy Seligson
Supervisor
Town of Mamaroneck
740 West Boston Post Road
Mamaroneck,NY 10543
(914)381-7805
supervisor@townofmamaroneckny.org
,m:katzmhome@verizon.net jmailto:katzrnhomc@rilverizon.netl
Sent:Wednesday,November 20,2019 10:49 PM
To:Seligson,Nancy<Supervisor@TownofMamaroneckNY.org>;Altieri,Stephen<SVAllieri@a TownofMamaroneckNY.org>
Subject:on the meeting-no littering signs,and the leafs-asking for motions at next meeting
Nancy,Steve,thank you for the opportunity to speak. When 1 mentioned about putting no littering signs along the Post Road, with what the fine is.
Nancy you said that is a possibility& other members seemed to agree with that being a good idea. To put it into action can we have a motion on it
for the Dec 4, meeting. Thank you. Michael Katz- Ps- Ms.Katz , mentioned when I brought up the leaf issue, she said, there is an ordinance about not
putting them in the street. Hence, why is this not enforced, also when I mentioned about the bagging of the leaves, you keep saying about it being more
expensive. The expense has nothing to do with you. Whether it is the leaf blowers or individuals on their lawns, they are paying for the means of
bagging them. Wouldn't that make it easier for the Town to remove, instead of having to scoop up these 2 to 4 ft piles? Whether raking or a blowing,
they should not be left on a public road, and I propose that going to a motion on Dec 4th also.
https://mail.aol.com/webmail-std/en-gb/PrintMessage 1/1
12/4/2019 Garbage cans
•
Fern,Marabou Orebro som*. ,aa.nate
To:Gape.Ra<Se oebeaceb)TcomberManaronetkarrf.org>:kato+lwe<1Wmin,n*uurn.na.
Ste*t Garbage arts h
•
nab:Tee.20 Nov 201911:11
•ltecwrnR KIMG11/]JPGt21h1
come on nanny,these are the noes al stop and shop.They arc heavy and in spite of Sieves assertion no one will stop on poll rd to throw nut their home gartingn.You .aid you we stickler,c h littering ie gel in sewers then an already and mol,
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§161-7 Definitions and word usage.
The following definitions shall govern the interpretation of this article unless otherwise expressly defined herein.Words used in the singular shall include the plural and vice versa.The word'shall'is always
' mandatory.
PERSON
A natural person or persons,corporations,copartnerships,unincorporated associations or any other organizations of two or more persons who is or are the owner or owners,mortgagee or vendee in
possession,assignee of rents,receiver,executor,trustee,lessee or agent directly or indirectly in control of a building within the confines of the own,as defined aforesaid.
WN
Al areas within the Town of Mamaroneck,exclusive of areas wholly within any incorporated village.
§161-8Standards for open areas.
A. Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant ponds.
B. No strrapping baskets,carts or wagons shall be left unattended or standing,and said baskets,.mrts or wagons shall be regularly collected and removed to the interior of the building or buildings from which
they were taken by the person responsible for said building or buildings.
C. All fences shall be maintained by the person responsible for the property.Such maintenance shall include but not be limited to the replacement and/or repair of fences which may become in disrepair.
D. All landscaping shall be well maintained so that lawns,hedges,bushes and trees shall be kept trimmed and free from becoming overgrown and unsightly where exposed to public view and where the same may
constitute a blighting factor,thereby depreciating adjoining property.Such maintenance shall include but not be limited to the replacement of trees and shrubs which may die and/or otherwise be destroyed.
E. All recharge stormwater basins shall be maintained by the person responsible for the property.Such maintenance shall include but not be limited to:
(t) The cleaning of storm sewers and other drainage appurtenances serving said basin so that said installations function as designed.
(2) The removal of any garbage,rubbish,silt,topsoil or other foreign material which creates an unsanitary condition or prevents or impedes the leaching action of said basin.
F. Steps,walla,diwriays,parking spaces and similar paved areasshalllaemaintained so as-.W afford safe passage.trader normal use and weather conditions.Any holes-or other hazards that may exist shall be
filled or necessary repairs or replacement carried out.All:Of-street parkf6gfatilWeh shall beswepsatidaertwfte ayear_
G. Yards,courts and vacant lots shall be kept clean and free of physical hazards,rodent harborage and infestation.They shall be maintained in a manner that will prevent rubbish from being blown about the
neighborhood.Open wells,cesspools or cisterns shall be securely closed or barricaded from access to the public.
H. All permanent signs exposed to public view shall be maintained in good repair.Excessively weathered or faded signs shall be removed or put into a good state of repair.All nonoperative or broken electrical
signs shall be repaired or removed.
[amended-- 7-1996 btr. _ No.14-1996
I. No person shall deposit,throw or scatter or suffer,permit or allow the accumulation of any filth,dirt,ashes,junk,garbage,wastepaper,dust,rubbish,sticks,stones,grass,wood,leaves,paper or paper boxes,
iroa.tin,nails,bottles or glass nfany kind,old cars and parts thereof or any other kind of rubbish or waste material upon any sidewalkhighway or public place or upon ad}l.vacantor improved lot,piece or
parcel of ground abutting upon any sidewalk,highway or pubric place or uponrany private property within the Town except in accordance with rhe provfstens of Chapter 183,Solid Waste,of the Code of the
Town of Mamaroneck.
§161-9 Standards for buildings and structures.
A. All exterior exposed surfaces not inherently resistant to deterioration shall be repaired,coated,treated or sealed to protect them from deterioration or weathering.
Floors,walls,ceilings,stairs,furnishings and fixtures of buildings shall be maintained in a clean,safe and sanitary condition.Every floor,exterior wall,roof and porch or appurtenance thereto shall be
maintained in a manner so as to prevent collapse of the same or injury to the occupants of the building or to the public.
C. The foundation walls of every building shall be maintained in good repair and be structurally sound.
D. Exterior walls,including doors and windows,roofs and the areas around doors,windows,chimneys and other parts of a building shall be so maintained as to keep water from entering the building and to
prevent undue heat loss from occupied areas.Materials which have been damaged or show evidence of dry rot or other deterioration shall be repaired or replaced and refinished in a workmanlike manner.
Exterior walls,roofs and other parts of the building shall be free from loose and unsecured objects and material.Such objects or materials shall be removed,repaired or replaced.
E. The owner of a vacated building shall take such steps and perform such acts as may be required of him from time to time to ensure that the building and its adjoining yards remain safe and secure and do not
present a hazard to adjoining property or to the public.
F. Buildings and structures shall be maintained free of insect,vermin and rodent harborage and infestation.The methods used for exterminating insects,vermin and rodents shall conform to generally accepted
practice.
§161-10 Heating of occupied buildings and potable water.
[Added 1-2-1974 by L.L.No.1-197.1
A. Every owner,operator or person who shall have contracted or undertaken to heat or to furnish heat for any building or portion thereof,or has a business establishment where ore or more persons are
employed,shall heat or furnish heat for every occupied room in such building or portion thereof so that a minimum air temperature of 68°F.shall be maintained therein between the hours of 6:oo am.and
coo p.m.and not less than 6o°F.between the hours of n:oo p.m.and 6:0o am.,whenever the outer or street temperature shall fall below 5o°F.Potable water` eating equipment shall be maintained to
supply sufficient domestic hot water at adequate pressure to each hot-water plumbing outlet at a minimum temperature range of one hundred thirty degrees to one hundred forty degrees Fahrenheit(13o°to
14o°F.)at all times.
(i) This section shall not apply where the failure to maintain the minimum requirement is caused by a general shortage of fuel,negligent or malicious act of the occupant,necessary repairs or alterations or
any cause beyond the control of the owner or occupant.
(a) The term"air temperature shall mean a temperature of the atmosphere obtained at the approximate center line of any interior wall at a distance of 48 inches above the average floor level of the room.
(3) This section shall not apply to buildings or portions thereof used and occupied for trades,businesses or occupations where high or low air temperatures are essential and unavoidable.
B. No person shall cause any service facility,equipment or utility which is required to be supplied by the provisions of this article to be removed or shut off from or discontinued for any occupied dwelling unit
except for necessary repairs,alterations or emergencies.
§161-11 Penalties for offenses.
A. Any person violating any provisions of this article shall be guilty of an offense punishable by fine or imprisonment,or both.Any person violating any provisions of this article shall be subject to a penalty in the
sum of not more than$5o for the first violation and in a sum of not more than$loo for subsequent violations,said penalties to be recovered in a civil action in the name of the Town of Mamaroneck.
I Amended 7-17-1996 by L.No.14-1996]
B. Each and every day of violation is to be considered a separate violation under this article 11 and,therefore,subjects the offender to a separate penalty for each and every day.
[Added 12-17-1975 by L.L.No.1-1975]
§161-12 Enforcement.
L,
The Building Inspector or the Director of Building Code Enforcement and Land Use Administration or eithers designated representative shall enforce this article.
https://ecode360.com/9159479 2/3
i! a
Metal and Leaf Collection
Seasonal Leaf Collection
From mid-October to late December,the Highway Department devotes most of its operations to collect leaves piled onto the Town streets by residents and property owners.During this
seasonal task,the department collects an average of approximately 4,000 tons of leaves.Heavy equipment and hard labor is used to load trucks with leaves to be hauled to the leaf
pen at the Hommocks School.In addition,the Town utilizes one leaf vacuum truck to supplement its collection operations.Residents can expect leaves to be collected from their street
two to three
times during this period. C
To Have Your Leaves Collected...
Please note.that property owners must:-
• Place1eeiasattttoevrb,-mut the street
• Leaves left in the streets can create road hazards and clog storm drains.
• Make certain the leaves are free of branches,logs,grass clippings,and other organic waste and garbage.
Leaf piles contaminated with any of the above debris will not be collected until the property owner removes contaminates.
Metal Items
Curbside collection for metal items takes place on Wednesdays by appointment only.To make an appointment,contact the Highway Department office at 914-381-7825 before 2 p.m.
on the Tuesday prior to the intended pickup date.Items must be placed curbside by 7 a.m.on the Wednesday of the appointment,and set out no earlier than the night before(after
dusk).
There may be an occasion when metal collection is postponed so the department may tend to other tasks such as leaf collection,snow removal and other operations.In addition,
should the metal list be full,your appointment will be scheduled for the next available Wednesday.
Please note that metal items placed at the curb when not confirmed by appointment is a violation of town code.
Annual Holiday Tree Collection
Curbside pickup of holiday trees is available from the last week in December until mid-January.Holiday wreaths will be collected by the Sanitation Department as'rubbish'on the
second pick-up day of the week.
Other Rubbish
All other rubbish is handled by the Joint Sanitation Commission.
Contact Us
Highway Department
Email the Highseylepartment
Physical Address
740 West Boston Post Road
Second Floor
Mamaroneck,NY 10543
Phone:914-381-7825
The Town Center is open from
Monday-Friday
830 a.m.-4:30 p.m.
Highway Yard Hours
Monday-Friday
7 a.m.-3 p.m.
Directory
qi enable Google Translate
luuLI)t town or nnamaroneca,NY streets ana slaewalKs
§187-11 Building materials permit.
No building material shall be placed upon any highway without a permit for the Superintendent of Highways.Such permit shall be for a period no longer than three months and shall not authorize the obstruction
• of any sidewalk or gutter or of more than one-third(1/3)of the roadway immediately opposite the lot upon which the building is to be erected and shall be revocable for cause by the Town Board.The holder of
such permit shall so guard such material with red lights at night as to avoid accidents.Upon revocation of such permit,all materials deposited pursuant to such permit shall be removed within 48 hours and the
highway restored to its original condition.
`187-12 Driving across sidewalks and curbs;permit.
vehicle shall be driven across any sidewalk or curb except at graded crossings in existence and such as may be hereafter constructed without a temporary permit from the Superintendent of Highways.The
icant for such a permit shall deposit with the Superintendent of Highways such sum as is considered by the Superintendent of Highways sufficient to indemnify the Town of Mamaroneck against any damage to
the sidewalk or curb but not less than$ioo.
§187-13 Prompt removal of snow and ice.
Every owner,lessee,tenant,occupant or other person having charge or control of any building or lot of land abutting upon any street or public place where the sidewalk Is flagged,concreted or otherwise paved or
laid shall,within 24 hours after the snow ceases to fall,remove the snow and ice from such sidewalk so as to provide a continuous passageway.In case the snow and ice on the sidewalk shall be frozen so hard that it
cannot be removed without injury to the pavement,the owner,lessee,tenant,occupant or other person hereby charged with the duty to remove the same shall,within the time specified above,cause the sidewalk
to be strewn with ashes,sand and/or some other abrasive substance and,thereafter as the weather shall permit,shall thoroughly clean said sidewalk.
§187-14 Applicability;supersession of§151 of Highway Law.
A. This chapter shall not apply to the opening of streets or highways for the purpose of making sewer house connections which are covered by the provisions of resolution or ordinance adopted by the Town
Board,August 18,1936,and amended April a3,1947,pursuant to the provisions of 5 201 of the Town Law.i')
: Editor's Note See now Ch.158,Plumbing,and Ch.173,Sewers.
B. This chapter supersedes the provisions of§19 of the Highway Law as it relates to the construction and maintenance of sidewalks along county roads and state highways as they apply to the Town of
Mamaroneck,Westchester County,State of New York.
§187-15 Penaltiesfor offenses.
A. Any pa.s nsiolognganyofttw-provisions-of this chapter,as the same may be from time to time amende4rtor which no other„penalty is provided,shall be guilty of a violation.punishable by imprisonment for
not more.than 10 days or by a fine of not more than$Soo,or both.
B. Additional penalties.Violation of B 187-13 of this chapter shall subject the offender,for each offense,to a civil penalty not to exceed Sas.
C. Every day or part thereof that such violation shall continue shall be deemed to be a separate and distinct violation of said several provisions of this chapter and shall render every person liable for a separate
penalty for each such violation.
https://ecode360.com/9160203?highlight=in,streets,the,the%20streets&searchld=13261341349906425#9160203 2/2
IOOLU Ill s 'own OT Mamaroneck,NY i1reetS anti SloewaIKs
t HISTORY:Adopted by the Town Board of the Town of Mamaroneck 7-17-1996 by L.L.No.14-1996.Amendments noted where applicable.] V
GENERAL REFER_piCES \ ( \\ •
Peddling and soliciting—See Ch.154. v V
Solid waste—See Ch.183. �`f�
Vehicles and traffic—See Ch.219. c \ \
§187-1 Definitions.
As used in this chapter,the following terms shall have the meanings indicated:
COUNTY ROADS
Those roads constructed,improved,maintained and repaired under Article 6 of the Highway Law and roads constructed or improved under a general or special law which are maintained by the county.
PERSON
Includes individuals,copartnerships,corporations and incorporated and joint-stock associations.
SIDEWALK
That paved portion of a street intended for pedestrian use and lying between the curbline of the street and the adjacent property line.
STATE HIGHWAY
Those highways constructed or improved under the Highway Law at the sole expense of the state,including the highways specified and described in§§340 and 341 of the Highway Law and acts amendatory
thereof,including the highways heretofore classified or referred to as county highways elsewhere in the Highway Law and heretofore constructed or improved at the joint expense of the state,county and
Town or state and county,as heretofore provided by law.
STREET
Any street,road or other public way dedicated to and accepted by the Town,including all the area thereof lying within the bounds of the dedicated right-of-way.
TOWN
The unincorporated section of the Town of Mamaroneck.
TOWN HIGHWAY
Those highways constructed,improved or maintained by the Town with the aid of the state or county,under the provisions of the Highway Law,including all highways in towns,outside of incorporated villages
constituting separate road districts which are not state highways or county roads,as defined in this section.
TOWN SUPERINTENDENT
The Town Superintendent of Highways.
VEHICLE
Every device by which any person or property is or may be transported or drawn upon the street.
§187-2 Construction of sidewalks along county roads or state highways.
A. The Town Board of the Town of Mamaroneck may,by resolution,direct the Town Superintendent to construct a sidewalk along a described portion of any county road or state highway in the manner and not
exceeding an expense to be specified in the resolution,and the expense of constructing such sidewalk shall be a Town charge and shall be paid in the same manner as other Town charges.
B. No such sidewalks shall be built along any state highway until the State Superintendent of Public Works shall have given his consent thereto,pursuant to§54 of the Highway Law,and no such sidewalk shall be
built along any county road until the County Superintendent of Highways shall have given his consent thereto,pursuant to§136 of the Highway Law.
§187-3 Construction of sidewalks by property owner.
Any property owner,after applying for and receiving a permit,may construct a sidewalk or curb on Town property or may build a drain from any structure,enclosure or lot of ground at his own expense.Before the
owner may proceed with the work,the Town Engineer shall establish proper grades and the same shall be followed in laying such sidewalk,curb or drain.The width,materials and construction of such sidewalks,
curbs and drains shall fully conform to standard specifications for such work No drainage piping shall be allowed to discharge onto the surface of any public right-of-way.
§187-4 Supervision of work.
No person or corporation shall have the right to make any opening in any street or highway,including any sidewalk or curb,and all such openings in streets,sidewalks or curbs must be made under the supervision
of the Superintendent of Highways and by employees working under him,except as hereinafter provided.
§187-5 Street opening permit required;fee.
[Amended 8-17-2011 by L.L.No.8-2011]
Any individual,corporation,public service corporation or any municipal board or body which is required to maintain substructures in any street or highway,desiring to make or to have made an opening in a street
or highway,must make written application for the same,addressed to the Superintendent of Highways.The Superintendent of Highways,except in the case of a public service corporation or municipal board or
body required to maintain such substructures in any street or highway,shall have the discretion whether the opening shall be made by Town employees or may be made by the applicant.An application for a permit
must be accompanied by the fee set forth in§A250.1,made payable to the Superintendent of Highways.
§187-6 Bond or indemnity agreement for street openings.
A. If the street opening is to be made by a person or corporation other than a municipal or public service corporation,the Town Superintendent of Highways may grant a permit for such street opening and make
such conditions for the granting of such permit as he considers necessary under the circumstances,including a condition that such person or corporation shall furnish to the Town of Mamaroneck a surety
bond in an amount approved by him and in such form as may be approved by the Counsel to the Town,issued by a casualty or indemnity insurance company,which bond shall indemnify the Town against all
liability and expense by reason of any act or omission in and about the opening of such street.In every case where the Superintendent of Highways issues a permit for the opening of a street or highway,he
shall require the applicant for the permit to obtain proper public liability insurance for himself,his contractors,agents or servants,protecting the Town and its Superintendent of Highways against any claim
for injury to person or property occasioned by the opening of such street.
B. In the case of a public service corporation or municipal board or body which is required to maintain substructures in any street or highway,the Counsel to the Town,in lieu of a bond,may accept and approve
an indemnity agreement between the Town and such public service corporation,municipal board or body which is required to maintain substructures in any street or highway or liability insurance protecting
the Town and its Superintendent of Highways against all liability or expense of whatever kind or nature,by reason of any act or omission of such public service corporation,municipal board or body.
§187-7 Safety measures.
All openings in highways shall be properly guarded and shall,between sundown and sunrise,be plainly lighted with red or yellow lights.
§187-8 Responsibility for utilities.
When the work is not done by Town employees,every applicant obtaining a permit to open a highway shall be solely responsible for the protection and functioning of all drains,sewers,basins,gas,water pipes,
telephone and electric wires and conduits.
§187-9 Restoration of surface.
The surface of the highway opened shall be restored to as good condition as previous to the excavation.
N n cs$iGkle aeaiE atq uelfinaternai or refusevein. _manner Obstruct the thekagpium,reirany pactihersof except as provided in§1£17-11 of dAcc oprer-MMoreka0l they pipe a sump pump,-roof or footing
dtairitbrotherwaterserrerdIfectly sato or directed, towards or onto the streets,sidewalks or rights-of-way.
https://ecode360.com/9160203?highlight=in,streets,the,the%20streets&searchld=13261341349906425#9160203 1/2
Per'Members of Town Board-along with Steve Altieri & Nancy Seligson 12/4/2019
As per the attached it is the determination by me & my neighbirs in Larchmont Acres West , that you are not abiding to the tenants in
the town regulations(see attached) Specifically as noted pg(1)187-10, Deposits on streets pg(2)187-15-penalties for offenses.
pg(3) To have your leaves collected-property owner must place them at curb, not in the street.
Articles 161-8- pg (4) B( leaving of shopping carts, pg(4) F- maintaining walks & parking spaces, for safe passage, pg(4) I(, no deposit of leaves on any
public highway, public place or private property.
It is the recommendation of myself & my neighbors to enforce these tenents, meaning, fining
the violators.
Exhibits, 1 through 6 speak to these issues-along Burton Rd,
I have mentioned about the owners of houses on Palmer Ave at the meeting on NOV 20, but the Board seemed more sympathetic to their
plight versus, them piling leaves in the street and affecting our limited parking. They violate the tenants just like Larchmont Acres West & private homes
on Burton Rd do.
Speaking to the problem of the littering on the Boston Post Rd, please refer to exhibits 7 & 8. For the town to not have posted no littering signs/with fine
amount, along with heavy duty garbage cans that Stop & Shop uses is just again not making an honest effort to uphold your no littering code as per exhibit
8 email. It is a pig-sty on the Post Rd, and the only thing people hear, kids too, is the potential to pay a fine.
Exhibit 9 , speaks to the deceptiveness of the firelane sign in the circle at Larchmont Acres West. Meaning, there is never any towing, it is only a potential
ticket. Then why does the sign not state " no parking -100$ fine.
In conclusion , in speaking ,the said amount, the ticket for years & years was 50$, why did you double it now, and why were residents not made aware of
the increase. You talk about not wanting to burden homeowners with the leaves, but you have , NO
PROBLEM, BURDENING US WITH AN EXTRA 50$ DOLLARS.
1 �}.
I HEARBY DECLARE THAT ALL THE ABOVE BE PUT TOA VOTE/FORUM, FROM THE
LEAVES ISSUE, TO THE SHOPPING CART ISSUES, TO THE LITTERING ISSUE & TO THE FIRELANE SIGN ISSUE and that you lower the cost of the ticket, so it it more in
line with your other parking ticket increases.
Thank You
Michael Katz- 213c Larchmont Acres
and the support of my neighbors in LAW.
12/7/2019 Fwd:Safety hazards-two of them /ifs/
F'm:katzrnhome<katmdrome(o�ver¢on.uet>
RVIiy(J/,/Jf� •
—/7
To:SUPERVISOR<SUPERVISOR@TOWNOFMAMARONECKNY.ORG>:SAltieri<SAllieri@TownofMamarorteckNY.org> — !✓
BCC:ithudson<dhudeonewgny.com' /,
Subject:Fwd:Safety hazards-Mo of them
Date:Sat.7 Dec 2019 16:40 _•` l 12 I -
Attachments:KIMG0090.JPG(274K),KIMG0089JPG(216K),KIMG0088.JPG(280K).KIM00087JPG(276K),KIMG0086.JPG(309K).KIMG0065.JPG(3
I want the 1)problem pictures and 2)the Burton Rd Hill situation addressed in the form of a legitimate discussion for a motion of change (in
addition to what I gave you all,at the Dec 4th meeting, to be addressed in full on Dec 18th. I have been made aware that the retaining
wall is highly compromised , yet I see you went from a barrier, to wood planks on the bottom. With red safety cones scattered
haphazardly. Has an engineer looked at this, because based on what I see, I do not see safety being undertaking to the highest degree
2) You keep telling me the hill on Burton Rd, is ABC private property, yet you know it & 1 know it, is a pass through for residents, who
park in Acres residents private spots to pick up their kids at Central School& to go to Trader Joes's. If it is private property, how come
the sign at the beginning of Burton Rd. does not say private Rd. The dead end sign, is nothing more than a prop. You had no problem
passing a law enacting a yield sign on Country Lane Rd. on 12/4.Why the priority there?, but a hill that can t handle two way traffic, and is
a fatality waiting to happen is ignored & thrown in the lap of ABC.You want to make it ABC'S responsibility to enact a gate, then you have
a fiduciary responsibility to do whatever you can legally to have ABC enact it. You can be sure my neighbor & I will bring all this up, along
with what is in your received package from me on 12/18. Michael Katz
--Original Message—,
From:Michael<KATZMHOMEG VERIZON.NET>
To:KATZMHOME<KATZMHOME@VERIZON.NET>
Sent Sat,7 Dec 20191325
Subject Safety hazard
With a bandaid approach taken painter ave whets this eye sore holding up retaining wall below elkan rd homes. Now wood supports at bottom (see pica)
UM-ached knages
I
`" r,r.K ',
httosJ/mail.aol.com/webmail-std/en-qb/PrintMessage -1/2
12/7/2019 Fwd:Safety hazards-two of them
r7li11
4,1
1
https://maiLaol.com/webmail-std/en-gb/PrintMessage -2/2
ADJOURNED TO DECEMBER 18, 2019
TOWN OF MAMARONECK, NEW YORK
PUBLIC HEARING
PRELIMINARY 2020 TOWN BUDGET and
PRELIMINARY TOWN OF MAMARONECK FIRE DISTRICT #1 BUDGET
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held by the
Town Board and the Board of Fire Commissioners of the Town of
Mamaroneck, on Wednesday, December 4, 2019 at 8:00 PM, Town
Center, 740 West Boston Post Road, Mamaroneck, New York, to
consider the Town's Preliminary Budget and the Mamaroneck Fire
District Preliminary Budget for the calendar year commencing January
1, 2020 and ending December 31, 2020. All citizens are invited to
attend and provide written and oral comments and ask questions
concerning the Preliminary Budgets. The Preliminary Budgets can be
inspected by the public from 8:30 AM to 4:30 PM, beginning Monday,
December 2, 2019, in the Town Administrator's Office, Town Center,
740 West Boston Post Road, Mamaroneck, New York. The 2020
Preliminary Budget may also be viewed on the Town's website
www.townofmamaroneckNY.org
PLEASE TAKE FURTHER NOTICE, that the proposed salaries of the
members of the Town Board are as follows: Supervisor, $39,807
Town Council (4) $6,369 each and the proposed salary for the
Town Clerk is $101,566 and the Town Justices (2) $22,070
�
1 )- - i ' ll 4V 2.
Town of Mamaroneck
From: Tracy Yogman-Town Comptroller
Re: Fire Claims
Date: December 18, 2019 -
The following Town of Mamaroneck Fire Department claims have been certified by Chief Joseph Russo and submitted
to the Comptroller's Office for payment:
VENDOR DESCRIPTION Ana
Atlantic Westchester,Inc Repair to the heater in Bay 36
- —$ 603.30
Chatsworth Cleaners Uniform cleaning-November 2019 69.00
Croton Falls Fire Department Training fee-forcible entry Bass-John Pierce _ 125.00
Fire-End Croker Corporation Equipment repairs-survivor Led/hoses 345.95
Grainger Supplies 3.41
IPROMOTEU Fire prevention promtional Items-Fire Chief Hats _ 379.00
Minerva Cleaners Bunker coat repairs 36.50
Ready Refresh Water cooler rental 10/19/19-11/18/19 153.95
Sound Shore Pest Control Exterminating services on 11/22/19 65.00
The Flower Bar Flowers and wreath for 9/11 Ceremony 162.00
Town of Mamaroneck PFFA Life Insurance-14 career staff-November&December 2019 440.16
Town of Mam'k Fire Dept. Instructor fees/supplies-annual OSHA refresher 12/10/19/Rescue Drill 12/8/19 197.31
Uni First Corporation Cleaning supplies 11/29, 12/06/19 -- 277.44_
Verizon Fios Redundant Circuit 11/26-12/25/19 - _ 266.98
Villa Maria Pizza Refreshments-Annual OSHA refresher 12/10/19 239.76
Villa Maria Pizza Refreshemnts-Explorer Drill-food 12/4/19 _ 102.03
Westech Elevator Services Maintenance for month of December 2019 - 175.00_
WJWW Water charges-sprinkler system-10/26-11/25/19
33.33
WJWW Water charges-water service for building- 10/29-11/25/19 84.83
—
Total $ 3,759.95
:
Off_y I l )
Town of Mamaroneck MOTION .
ta
'' � ° SEC. DED BY
w "` County of Westchester
740 West Boston Post Road, Mamaroneck, NY 10543-3353 _
COUNSEL EL: 14/381-7815
• : ! 809
•rJr@TownofMamaroneckNY.org
MEMORANDUM
To: Members of the Town Board
ccs: Stephen V. Altieri, Town Administrator
Richard Polcari, Building Inspector
From: William Maker, Jr., Attorney for the Town
Subject: Amendment to the law regarding Rock Removal by Mechanical Means
Date: December 11, 2019
I accepted the changes to the existing law that appeared in the November 22
redline and proceeded to redline changes to the letter that will be sent to neighbors based
upon the Town Board's comments.
If the proposed law is in acceptable form, the Town Board can set a public
hearing where members of the public can express their views on the proposal.
IA1.KER,JR.
Nota' Pu lic ' of Ne or
k
No. 02y/='i• 7966k
Qu lifie• • ' �i . . ,, . . ty
Term xpir if
• ,e 31, 20 r
titPrinted on Recycled Paper
§106-58.1 Duration and hours for mechanical rock removal.
As used in this section, the following terms shall have the meanings indicated:
A. MECHANICAL MEANS
The use of any tools that are not operated solely by human muscular power.
Explosives and the tools used in connection therewith shall not be considered
mechanical means.
ORIGINAL CONSTRUCTION
Streets and curbs, and the lines, pipes, culverts and conduits used for transporting
potable water, storm water, sewage and utilities, such as gas, telephone, electricity,
cable television and Internet service,that are built on land subdivided after February
1, 2004, if the subdivision plat creating the lots in that subdivision also created one
or more new private or public streets or created extensions to any existing private or
public street.
ROCK
Natural stone.
ROCK REMOVAL
The reduction in size of rocks by mechanical means and the removal of such rock
from the subject property.
ROCK REMOVAL PERMIT
A permit issued for rock removal on a subject property.
SUBJECT PROPERTY
A lot for which a rock removal permit is required,or land where original construction
is to occur if such land lies outside a lot.
B. A rock removal permit is required for the removal of rock of any quantity. No rock removal
permit shall be issued until the Building Inspector or the Director of Building Code Enforcement
and Land Use Administration approves the dust mitigation plan submitted by the applicant.
Such plan must incorporate the best dust control practices, including but not limited to, a water
spray system(air suppression or surface wetting)or other practices that are considered best dust
practices at the time the application for a rock removal permit is made. The dust mitigation plan
also must present the measures the applicant intends to use to control water runoff as a result of
water spraying. In the sole discretion of the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration, air quality sampling may be required during the
course of rock removal.
C. Rock removal shall be allowed only on the 15 days (not including Saturdays, Sundays and
public holidays listed in §24 of the New York General Construction Law) starting on the date
specified for the commencement of rock removal contained in the notice to neighbors described
in§106-58.1 F.The rock removal permit shall contain the date after which rock removal no longer
will be allowed to be done pursuant to that permit. Upon a showing of undue hardship, the
Building Inspector or the Director of Building Code Enforcement and Land Use Administration
may extend the last day on which rock may be removed pursuant to a rock removal permit by
up to five days. If the number of additional days would include a day or days on which rock
removal is prohibited by this section, the extension period will bypass such days and resume on
the first day thereafter when rock removal is permitted by this section. This subsection shall not
apply to original construction.
D. For original construction, rock removal shall be allowed only for the 180 days (not including
Saturdays, Sundays and public holidays listed in §24 of the New York General Construction
Law)starting on the date specified for the commencement of rock removal contained in the notice
to neighbors described in§106-58.1 F. That permit shall contain the date after which rock removal
no longer will be allowed to be done pursuant to that permit.
E. Before rock removal can begin, the applicant shall have a third-party conduct a survey of the
condition of all improvements existing on each lot that has a lot line lying within 150 feet of any
lot line of the subject property.If the occupant of a lot lying within the area to be surveyed refuses
to allow a survey to be done, the applicant shall submit an affidavit stating that he/she had
attempted to gain access but was denied. Submission of such an affidavit will obviate the
requirement for a survey of that lot. Notwithstanding the foregoing, a survey shall not be
required if all of the rock removal will be done using mechanical means that are designed to be
handheld while operating.
F. Notice to neighbors; affidavit of mailing.
2
(1) No later than 10 days before rock removal, the following notice shall be mailed to the
owners of each lot that has a lot line lying within 150 feet of any lot line of the subject property:
"Dear Neighbor,
Rock removal from the property known as [INSERT THE STREET ADDRESS OR THE
LOCATION OF THE SUBJECT PROPERTY IF IT HAS NO STREET ADDRESS] by
mechanical means, such as drills,jackhammers and other types of gas, diesel or electric
powered equipment is scheduled to begin on [INSERT EFFECTIVE DATE OF THE ROCK
REMOVAL PERMIT].
By now you should have been contacted about having a survey done of the physical
condition of the structures on your property. The purpose of the survey is to be able to
determine whether and to what extent, rock removal may damage your property. If you
were not contacted about having a survey done, please contact the Town Building
Department at 914-381-7830 immediately.
The law does not permit rock removal by mechanical means to occur on Saturdays, Sundays
or public holidays. It also prohibits such removal before 9:00 a.m. (prevailing time) and after
3:00 p.m. (prevailing time) on those days when rock removal by mechanical means is
permitted.
The last day on which rock can be removed from this site by mechanical means is [INSERT
THE LAST DATE ON WHICH ROCK REMOVAL BY MECHANICAL MEANS CAN
OCCUR].
For further information,please contact[INSERT THE NAME OF THE OWNER OR THE
PERSON IN CHARGE OF THE PROJECT] at the following telephone number: [INSERT
CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME APPEARS ABOVE].
Very truly yours,
[SIGNATURE OF THE OWNER OF THE SUBJECT PROPERTY]
[PRINT OR TYPE THE NAME OF THE OWNER OF THE SUBJECT PROPERTY]"
(2) An affidavit attesting to that mailing must be filed with the Building Department before a
rock removal permit can be issued for the subject property. The owner of the subject property
shall attest to that affidavit.
G. There shall be no more than two machines and two hammers operating on the subject
property at the same time.
H. Rock crushing on the subject property is not permitted at any time.
I. Motor vehicles used to transport particulate matter must be covered.
3
J. While on the subject property, any particulate matter must be sufficiently soaked or stored so
as to prevent the particulate matter from becoming airborne.The Building Inspector may require
secured tarps or coverings made of plastic or other material to further reduce dust emissions.
K. Rock removal shall not be permitted in any residence district or in the Recreation District of
the Town of Mamaroneck:
(1) On Saturdays;
(2) On Sundays;
(3) On public holidays listed in §24 of the New York General Construction Law;or
(4) Before 9:00 a.m. (prevailing time) or after 3:00 p.m. (prevailing time) on weekdays
which are not public holidays listed in§24 of the New York General Construction Law.
L. No more than one rock removal permit shall be issued for a subject property within any
twelve-month period.
M. Any person who violates this section shall be guilty of a violation which shall be punishable
by a fine of not more than$1,000, and also shall be liable for the civil penalty imposed by § 106-
55C of the Code. Each use of mechanical means to remove rock on a day or at an hour when rock
removal is prohibited by this section shall constitute a separate offense.
N. If there is a violation of this section by someone other than the owner of the subject property,
the owner of the subject property also shall be guilty of a violation which shall be punishable by
a fine of not more than$1,000, and also shall be liable for the civil penalty imposed by§ 106-55C
of the Code.
O. This section shall not apply to the removal of rock which is excavated without first being
reduced in size.
P. This section shall not apply to public utility companies,the United States of America,the State
of New York,the County of Westchester,the Town of Mamaroneck,the Mamaroneck Union Free
School District, the Villages of Larchmont, Mamaroneck or Scarsdale or any independent
contractors engaged by any of them.
December12,2019 changes made on November 22,2019 accepted
4
Id.- Ic- 1.61 w s
l
cot 3
WHEREAS, the Mamaroneck Town Board has determined that for budgeting purposes, and greater efficiency
the term of the Town Parking Lot Permits should coincide with the Town's fiscal year(calendar year), and
WHEREAS, in order to accomplish this, multiple permit types will be offered that are valid from June 1, 2020
through December 31,2021, and
WHEREAS, a nineteen (19) month permit is being offered in order to lock in the permit rate fee and avoid
possible permit fee increases for the year 2021,and
WHEREAS,a seven (7)month option is being offered which will expire on December 31, 2020,and
WHEREAS, no semiannual option will be offered until the p rmit year January 1, 2022 through December 31,
2022. MOTION OF SECONDED BY
NOW THEREFORE BE IT
RESOVED,that the Mamaroneck Town Board does hereby ap roveII tg "t c edule:
Total
Permit
Annual Fee for Total Permit
Valid from/ Permit 19 Fee for 7
OPTION Description Permit Type to Fee months months
*Issue 19 month 6/1/20-
permit *Increase Lot A Daytime—19 mo 12/31/21 $900 $1,425
1 19 month Permit Fee
by$100 for Daytime 6/1/20-
and $10 for Meter Lot A-Meter—19 mo 12/31/21 $110 $175
Y
*Issue 7 month permit
2 valid through Dec
2020 6/1/20-
*Increase Annual Lot A Daytime—7 mo 12/31/20 $900 $525
Permit Fee for 7
month period by $100
for Daytime and $10 6/1/20-
for Meter Lot A Meter-7 mo 12/31/20 $110 $65
*****For permit holders who choose the 7 month option,the fees for the year 2021 have yet to be
determined and may possibly increase
Total Total
Permit Permit
Annual Fee for Fee for
Permit 19 7
OPTION Description Permit Type Valid from/to Fee months months
*Issue 19 month permit
1
*Fee Increase$100 for Lot B-Regular-19 mo 6/1/20-12/31/21 $1,000 $1,585
Regular and$75 for Lot B-Seniors-19 mo 6/1/20-12/31/21 $800 $1,265
Seniors &Area Bus
Lot B-Area Bus-19 mo 6/1/20-12/31/21 $700 $1,110
'',.:4":, o a„ na i i. ,4 "3Jbe 4', -x`i - f r& fp. }r r 04-.: " s
*Issue 7 month permit Lot B-Regular-7 mo 6/1/20-12/31/20 $1,000 $585
valid through Dec 2020
2 *Fee Increase$100 for Lot B-Seniors-7 mo 6/1/20-12/31/20 $800
• Regular and $75 for $470
Senior&Area Bus
Lot B-Area Bus-7 mo 6/1/20-12/31/20 $700 $410
*****For permit holders who choose the 7 month option,the fees for the year 2021 have yet to be
determined and may possibly increase
was -2 X2.4 -(9
Altieri, Stephen a d c/sly
From: James Pochez <jpochez@sunlightgeneral.com>
Sent: Tuesday, December 17, 2019 5:57 PM
To: Frank Owens;Altieri, Stephen
Cc: Mark Manley; Maker Jr., William; Bill Zachary
Subject: Re: Mamaroneck Sunlight Lease
Attachments: Solar Roof Rental Agreement - 2019.12.17 - CLEAN.doc
Frank,
1) Termination Value Table - Mark's corrections are clear, thanks. The 35% for the ITC assumption is because
the 2019 30% ITC is effectively a 35% value for our Tax Equity investor due to the additional depreciation
recapture (not the same as the ITC recapture which was already in the spreadsheet). Nevertheless, we accept the
30% calculation and your proposed termination table value.
2) Termination Table for Extensions - We've also updated the termination values for the term extensions. We
still need some value out there especially on the final years, but we've decreased them at a constant level.
3)No Alteration of Facility - We've added Steve's language in the "No Alteration of Facility" section
4)Nameplate -Added "nameplate" to language as requested
5) Roof repair costs - Added the no obligation from the Town to continue the project if the roof repair costs are
higher than the estimated amount, and that we can sit down and mutually agree on a new amount or cancel the
project if we can't find an agreement.
This completes SunLight's changes to comply with all final requests from the Town. Please find the Lease
attached.
For reference, please find the link to the NYSERDA Block dashboard that shows Block 6 as closed.
https://www.nyserda.ny.gov/All-Programs/Programs/NY-Sun/Contractors/ConEd-Dashboard
Let's reconnect Thursday for you to let us know how the conversation went with the Board.
Thanks,
James
On Tue, Dec 17, 2019 at 12:45 PM Frank Owens <frank.owens(a,tprea.com> wrote:
Hi James - Mark Manley checked the termination schedule and noticed a few errors. I think Mark's
corrections are evident on the spreadsheet but as Steve suggested, it is probably best if you reach out to Mark
directly with any questions.
Wish us luck tomorrow night. As disappointing as the loss of the better NYSERDA incentive is, the project
still makes sense.
Frank Owens
X1-4 ( w1s 2/
Solar Roof Lease Agreement ( )i . 2) 12-/5 'q
This Solar Roof/Ground Lease Agreement (this "Agreement") is entered into by the parties listed below (each a "Party" and
collectively the"Parties")as of the date signed by Operator below(the"Effective Date").
Host: Operator:
Name Town of Mamaroneck Name SL Mamaroneck Solar I LLC
and 740 West Boston Post Road, and c/o SunLight General Capital
Address Mamaroneck,NY 10543 Address 135 East 57th Street, 16th Floor
ATTN: Stephen V. Altieri,Town New York,NY 10022
Administrator Attention: William C.Zachary
Phone (914)381-7810 Phone (212)286-1801 x3
Fax (914)381-7809 Fax (646)496-9172
E-mail svaltieri@townofmamaroneckny.org E-mail bzachary@sunlightgeneral.com
Premises Host[X]owns L] leases the Premises. Additional
Ownership List Premises Owner,if different from Operator
Host: Information
This Agreement sets forth the terms and conditions of the License of the Premises and Access Rights for the installation and operation
of the solar panel system described in Exhibit 2 (the "System") and installed at the Host's facility described in Exhi 1 2 (the
"Facility").
The exhibits listed below are incorporated by reference and made part of this Agreement.
Exhibit 1 Basic Terms and Conditions ��e`(
Exhibit 2 System Description SEG0N
Exhibit 3 Credit Information5 OF I
\/
Exhibit 4 General Terms and Conditions MQZ
Exhibit 5 Form of Memorandum of License `^ Air
Exhibit 6 Form of Easement Agreement
Exhibit 7 RFP Insurance Requirements A'
Exhibit 8 Daily Shutdown Penalties
Host: Town of Mamaroneck,NY Operator: SL Mamaroneck Solar 1 LLC
Signature: Signature:
Printed Name: Stephen V. Altieri Printed Name: William C.Zachary
Title: Town Administrator Title: Authorized Signatory
Date: November ,2019 Date: November ,2019
Exhibit 1
Basic Terms and Conditions
1. Lease Term: Twenty(2Q)years,beginning on the Commercial Operation Date.
2. Additional Terms: Up to two(2)Additional Terms of dive( .)years each at the option of Operator.
3. Environmental Incentives and Environment Attributes: Accrue to Operator.
4. Rent: Following the execution of this Agreement and until the Commercial Operation Date,Operator will pay Host a
monthly rent of$1,520.83 multiplied by anticipated System Size as defined in Exhibit 2 constructed in kW DC divided by
519.5 kW DC("Size Adjustment"). Subsequent to Commercial Operation Date,Operator will pay Host a yearly rent as
follows(subject to the Size Adjustment). Each Rent payment is due on the yearly anniversary date of the Commercial
Operation Date and the initial payment is due 5 business days following the Commercial Operation Date. For the avoidance
of doubt,if following the Commercial Operation Date,the nameplate system size in kW DC is modified by more than ten
percent(10%)(e.g. if Operator replaces solar panels with different wattage panels,etc),then,starting on the immediately
succeeding anniversary date of the Commercial Operation Date,the rent payment shall be subject again to the Size
Adjustment.
Contract Year $/year
1 $30 0,,e,t
2 ':30'x'
3 ',30
4 $30.
5 30
6 $30
7 30.g,
8 $30`:
9 $3Q '
10 30
11 $30
12 $30
13 $30 t`
14 30
15 Trar
16
17
18
19
20
First Additional Term Greater of Fair Market Value' or$30,000
Second Additional Term Greater of Fair Market Value or$30,000
5. Condition Satisfaction Date: October 25,2020
Operator will notify Host three(3)months prior to the end of the Intial Term or the end of the First Additional Term(1)if it elects to
extend the lease for the Additional five(5)year term and(2)that Host has the right to request Operator to follow an appraisal process
for the determination of rent during the Additional Term,and will inform Host three(3)months prior to the end of the Intial Term. If
Operator elects to extend its lease the annual rent shall be$30,000 unless Host notifies Operator of its request to follow the appraisals
process,in which case within thirty(30)days of such extension,Operator will provide Host an estimate of the Fair Market Value rent
for the System prepared by an appraiser experienced in such appraisals. If Host disagrees with the rent provided by Operator's
appraiser,within 45 days,Host will provide estimate from an appraiser it selects. If after Host provides estimate of FMV rent,Host
and Operator cannot agreee to rent to be used for the Additional Term,Host and Operator will diligently seek a third appraiser. The
Fair Market Rent to be used will be the average of the FMV rent of the third appraiser and the rent estimated by either the Host or the
Operator,whichever rent is closer to the rent provided by the third appraiser.If the Additonal Term commences before the FMV rent
is determined,the rent used in the preceding lease year will be used until the rent for the Additional Term can be determined.In no
event shall such rent be greater than$40,000 per year.
6. Anticipated Commercial Operation Date: October 25,2020
7. Rebate Variance.All prices in this Agreement are calculated based on an upfront rebate of$0. If the actual rebate is lower
than calculated,prices will be adjusted pro-rata to reflect the actual rebate received.
8. Host Options to Purchase System. [j None [X]or as set forth in Section 16(b).
9. Outside Commercial Operation Date:March 20,2021.
10. System Installation:
Includes: [X] Design, engineering, permitting, installation, monitoring, rebate application and paperwork processing of
the System, verification of existing subsurface utilities prior to start of construction, protection of existing
infrastructure during construction.
[X] .Structural analysis.
[Xl Initial repairs to the Facility Roof not to exceed 2 cents per Watt DC ($10,000 based on 520 kW). If after
structural analysis,the initial repairs to the Facility Roof are projected to exceed 2 cents per Watt DC, Operator
and Host can mutually agree whether to continue(and who is to bear the cost of the initialrepair5)_or cancel this
Agreement with no obligation or penalties to either Party.
IN] Work and associated costs required by Con Edison to interconnect System to utility grid as long as such
work is typical of requirements made by Con Edison for other similar solar projects within Con Edison's
territory.
[J Performance Guaranty.
[ ] List of Approved Subcontractors [_] Any like substantive equipment, in the sole discretion of the
Operator.
[ ] State or Utility Rebate,if any. Describe:
Excludes: Unforeseen groundwork (including, but not limited to, excavation/circumvention of underground obstacles),
upgrades or repair to the Facility(greater than 2 cents per Watt DC) or utility electrical infrastructure (greater
than 10 cents per Watt AC),payment bonds,performance bond(s),tree removal,or tree trimming.
Exhibit 2
System Description
1. System Location: Hommocks Ice Rink, 140 Hommocks Road,Mamaroneck,NY 10543
2. System Size(DC kW): 519.5 kW
3. Expected First Year Energy Production(kWh): 579,426
4. Expected Structure:LJ Ground Mount[X]Roof Mount U Parking Structure U Other
5. Expected Module(s):
Manufacturer/Model Quantity
Canadian Solar CS3U-360MS 1,443
6. Expected Inverter(s):
Manufacturer/Model Quantity
SolarEdge SE100KUS 5
7. Facility and System Layout: See Exhibit 2,Attachment A
8. Utility: Consolidated Edison Company
Exhibit 2
Attachment A:
Facility and System Layout
An Aerial Photograph of the Facility See below
Conceptual Drawing of the System See below
Delivery Point [to be updated upon
completion of utility
and permit engineering
drawings]
Access Points [to be updated upon
completion of utility
and permit engineering
drawings]
t F
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Sunlight General Cap1.
L'
Exhibit 4
Solar Roof Lease Agreement
General Terms and Conditions
1. Definitions and Interpretation: Unless otherwise defined or required by the context in which any term appears: (a) the
singular includes the plural and vice versa; (b) the words "herein," "hereof' and "hereunder" refer to this Agreement as a
whole and not to any particular section or subsection of this Agreement; (c) references to any agreement, document or
instrument mean such agreement, document or instrument as amended, modified, supplemented or replaced from time to
time; and (d) the words "include," "includes" and "including" mean include, includes and including "without limitation."
The captions or headings in this Agreement are strictly for convenience and shall not be considered in interpreting this
Agreement.
2. Lease of Premises to install and operate Solar Equipment. Host agrees to lease to Operator,and Operator agrees to lease
from Host,the Premises required to install and operate the System described in Exhibit 2 to this Agreement.
3. Lease Term. The term("Term")of this Agreement shall commence on the date Operator gives Host written notice that the
System is mechanically complete and capable of providing electric energy to the Delivery Point(the"Commercial
Operation Date")and continue,unless earlier terminated as provided for in this Agreement,until the end of the period stated
in Exhibit 1 to this Agreement.
4. Rent.Payment Terms and Taxes.
a. Rent.Operator shall pay Host for the use of the Premises at the rate and intervals shown in Exhibit 1 ("Rent").
b. Monthly Invoices. For the convenience of Operator only,Host may invoice Operator monthly, stating(i)the Rent
due, (ii) any additional charges incurred by Host under this Agreement, any Decommissioning Escrow Payments
due under Section 11,and(iv)the total amount due from Operator. Operator's obligation to timely pay amounts due
under this Agreement shall not be affected by the failure of Host to issue an invoice or any inaccuracy in any
invoice.
c. Taxes. The Town of Mamaroneck has agreed not to request payment in lieu of taxes (PILOT) contributions in
addition to the rents set forth in this Agreement.
d. Payment Terms. All amounts due under this Agreement shall be due and payable on the date set forth in Exhibit 1.
If Rent is not paid within ten(10)days of its due date,any outstanding amount shall accrue interest at the annual rate
of two and one-half percent(2.5%)over the prime rate(but not to exceed the maximum rate permitted by law).
5. Environmental Attributes and Environmental Incentives.Unless otherwise specified on Exhibit 1,Operator is the owner
of all Environmental Attributes and Environmental Incentives and is entitled to the benefit of all Tax Credits, and Host lease
of the Premises for the System under this Agreement does not include Environmental Attributes,Environmental Incentives or
the right to Tax Credits or any other attributes of ownership and operation of the System, all of which shall be retained by
Operator. Host shall cooperate with Operator's reasonable requests to obtain, secure and transfer all Environmental
Attributes and Environmental Incentives and the benefit of all Tax Credits, including by using the electric energy generated
by the System in a manner necessary to qualify for such available Environmental Attributes, Environmental Incentives and
Tax Credits. Host shall not be obligated to incur any out-of-pocket costs or expenses in connection with such actions unless
reimbursed by Operator. If any Environmental Incentives are paid directly to Host,Host shall immediately pay such amounts
over to Operator. To avoid any conflicts with fair trade rules regarding claims of solar or renewable energy use, Host, if
engaged in commerce and/or trade, shall submit to Operator for approval any press releases regarding Host's use of solar or
renewable energy and shall not submit for publication any such releases without the written approval of Operator. Approval
shall not be unreasonably withheld, and Operator's review and approval shall be made in a timely manner to permit Host's
timely publication.
"Environmental Attributes" means any and all credits,benefits, emissions reductions, offsets, and allowances, howsoever
entitled,attributable to the System,the production of electrical energy from the System and its displacement of conventional
energy generation, including (a)any avoided emissions of pollutants to the air, soil or water such as sulfur oxides (SOx),
nitrogen oxides (NOx), carbon monoxide (CO) and other pollutants; (b) any avoided emissions of carbon dioxide (CO2),
methane (CH4), nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride and other greenhouse gases
(GHGs)that have been determined by the United Nations Intergovernmental Panel on Climate Change,or otherwise by law,
to contribute to the actual or potential threat of altering the Earth's climate by trapping heat in the atmosphere; and (c) the
reporting rights related to these avoided emissions, such as Green Tag Reporting Rights and Renewable Energy Credits.
Green Tag Reporting Rights are the right of a party to report the ownership of accumulated Green Tags in compliance with
federal or state law,if applicable,and to a federal or state agency or any other party,and include Green Tag Reporting Rights
accruing under Section 1605(b) of The Energy Policy Act of 1992 and any present or future federal, state, or local law,
regulation or bill, and international or foreign emissions trading program. Environmental Attributes do not include
Environmental Incentives and Tax Credits. Host and Operator shall file all tax returns in a manner consistent with this
Section 5. Without limiting the generality of the foregoing, Environmental Attributes include carbon trading credits,
renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags tradable renewable
credits and Green-e®products.
"Environmental Incentives" means any and credits, rebates, subsidies, payments or other incentives that relate to self—
generation of electricity,the use of technology incorporated into the System,environmental benefits of using the System,or
other similar programs available from the Utility,any other regulated entity, the manufacturer of any part of the System or
any Governmental Authority.
"Governmental Authority" means any national, state or local government (whether domestic or foreign), any political
subdivision thereof or any other governmental, quasi-governmental,judicial, public or statutory instrumentality, authority,
body, agency, bureau or entity (including the Federal Energy Regulatory Commission or the California Public Utilities
Commission),or any arbitrator with authority to bind a party at law.
"Tax Credits" means any and all (a) investment tax credits, (b) production tax credits and (c) similar tax credits or grants
under federal,state or local law relating to the construction,ownership or production of energy from the System.
6. Conditions to Obligations.
a. Conditions to Oaerator's Obligations.Operator's obligations under this Agreement are conditioned on the
completion of the following conditions to Operator's reasonable satisfaction on or before the Condition Satisfaction
Date:
i. Completion of a physical inspection of the Facility and the property upon which the Facility is located(the
"Premises") including, if applicable, geotechnical work, and real estate due diligence to confirm the
suitability of the Facility and the Premises for the System;
ii. Approval of(A)this Agreement and(B)the Construction Agreement(if any)for the System by Operator's
Financing Parties. "Construction Agreement" as used in this subsection means an agreement between
Operator and any contractor or subcontractor to install the System;
iii. Confirmation that Operator will obtain all applicable Environmental Incentives and Tax Credits;
iv. Receipt of all necessary zoning,land use and building permits;and
v. Execution of all necessary agreements with the Utility for interconnection of the System to Facility
electrical system and/or the Utility's electric distribution system.
vi. Completion of a structural analysis of the existing facility by the Operator. Analysis to be performed by a
New York State Licensed engineer based upon personal site inspection of the property. Confirmation of
the facility's capacity to support additional loads to the structure by the Operator's Equipment.
b. Failure of Conditions. If any of the conditions listed in subsection (a) are not satisfied by the Condition
Satisfaction Date, the Parties will attempt in good faith to negotiate new dates for the satisfaction of the failed
conditions. If the Parties are unable to negotiate new dates then Operator may terminate this Agreement upon ten
(10)days written notice to Host without liability for costs or damages or triggering a default under this Agreement.
c. Commencement of Construction. Operator's obligation to commence construction and installation of the System
is conditioned on Operator's receipt of (A)proof of insurance for all insurance required to be maintained by Host
under this Agreement,and(B)written confirmation from any person holding a mortgage,lien or other encumbrance
over the Premises or the Facility, as applicable, that such person will recognize Operator's rights under this
Agreement for as long Operator is not in default hereunder..
d. Conditions to Host's Obligations. Host's obligations are conditioned on the occurrence of the Commercial
Operation Date for the System by the Outside Commercial Operation Date.
7. Operator's Rights and Obligations.
a. Permits and Approvals. Operator, with Host's reasonable cooperation, shall use commercially reasonable efforts
to obtain,at its sole cost and expense:
i. any zoning,land use and building permits required to construct,install and operate the System;and
ii. any agreements and approvals from the Utility necessary in order to interconnect the System to the Utility's
electric distribution system.
Host shall cooperate with Operator's reasonable requests to assist Operator in obtaining such agreements,permits
and approvals.
b. Standard System Repair and Maintenance.Operator shall construct and install the System at the Facility. During
the Term,Operator will operate and perform all routine and emergency repairs to,and maintenance of,the System at
its sole cost and expense, except that Host shall reimburse Operator for the cost of any repairs or maintenance
resulting from Host's negligence,willful misconduct or breach of this Agreement. Operator shall not be responsible
for any loss, damage, cost or expense arising out of or resulting from improper environmental controls or improper
operation or maintenance of the System by anyone other than Operator or Operator's contractors. If the System
requires repairs for which Host is responsible,Host shall pay Operator for diagnosing and correcting the problem at
commercially reasonable rates. Operator shall provide Host with reasonable notice prior to accessing the Facility to
make standard repairs.
c. Non-Standard System Repair and Maintenance. Paragraph Deleted
d. Breakdown Notice.. Host shall not willfully withhold any information pertaining to conditions affecting the
System.
e. Suspension. Notwithstanding anything to the contrary herein,Operator shall be entitled to suspend operation of the
System for the purpose of maintaining and repairing the System and such suspension of operation shall not
constitute a breach of this Agreement;provided,that Operator shall use commercially reasonable efforts to minimize
any interruption in operation to the Host.
f. Use of Contractors and Subcontractors. Operator shall be permitted to use contractors and subcontractors to
perform its obligations under this Agreement, provided however, that such contractors and subcontractors shall be
duly licensed and shall provide any work in accordance with applicable industry standards. Notwithstanding the
foregoing, Operator shall continue to be responsible for the quality of the work performed by its contractors and
subcontractors. All contractors and subcontractors to be used for the construction of the System, other than those
that may be scheduled on an appendix to this Exhibit, shall be subject to Host's prior written consent, not to be
unreasonably withheld. Bonding requirements will be as set forth in Host's "Request for Proposals, Community
Solar Project, Hommocks Ice Rink."
g. Liens and Payment of Contractors and Suppliers. Operator shall pay when due all valid charges from all
contractors, subcontractors and suppliers supplying goods or services to Operator under this Agreement and shall
keep the Facility free and clear of any liens related to such charges, except for those liens which Operator is
permitted by law to place on the Facility following non-payment by Host of amounts due under this Agreement.
Operator shall indemnify Host for all claims, losses,damages,liabilities and expenses,including,but not limited to,
reasonable attorney fees resulting from any liens filed against the Facility or the Premises in connection with such
charges; provided, however, that Operator shall have the right to contest any such lien, so long as it provides a
statutory bond or other reasonable assurances of payment that either remove such lien from title to the Facility and
the Premises or that assure that any adverse judgment with respect to such lien will be paid without affecting title to
the Facility and the Premises.
h. Quiet Enjoyment. Host will not disturb Operator's quiet enjoyment of the System during the Term unless a Default
Event has occurred and is continuing under this Agreement;provided,however,that Operator shall have the right to
access the System to perform Operator's obligations under this Agreement.
8. Host Rights and Obligations.
a. License to the Premises: Facility Access Rights. Host grants to Operator and to Operator's agents, employees,
contractors and assignees an irrevocable non-exclusive license running with the Premises(the"License")for access
to, on, over, under and across the Premises for the purposes of (i) installing, constructing, operating, owning,
maintaining, accessing, removing and replacing the System; (ii) performing all of Operator's obligations and
enforcing all of Operator's rights set forth in this Agreement;and(iii)installing,using and maintaining electric lines
and equipment, including inverters and meters necessary to interconnect the System to Host electric system at the
Facility, to the Utility's electric distribution system, if any, or for any other purpose that may from time to time be
useful or necessary in connection with the construction,installation,operation,maintenance or repair of the System.
Operator shall notify Host a minium of two(2)business days prior to entering the Facility except in situations where
there is imminent risk of damage to persons or property. The term of the License shall continue until the date that is
ninety(90) days following the date of expiration or termination of this Agreement(the"License Term"). During
the License Term,Host shall ensure that Operator's rights under the License and Operator's access to the Premises
and the Facility are preserved and protected. Host shall not interfere with nor shall permit any third parties to
interfere with such rights or access. The grant of the License shall survive termination of this Agreement by either
Party in accordance with Section 11. At request of Operator, Host shall execute a memorandum of License, and
which shall be in form and substance set forth Exhibit 5,or other form agreed to by the parties. Operator may,at its
sole cost and expense,record such memorandum of License with the appropriate land registry or recorder's office.
b. Receipt and Use of Electricity. A requirement of this Agreement is that electricity produced by the System will
sold through a community solar program to eligible subscribers under the NY PSC community solar rules residing in
the Con Edison service territory. Those residents who purchase a share of the electricity generated by the System
are referred to as"Subscribers".For the first ninety(90)days of Operator's initial subscription campaign,which will
begin no later than 180 days prior to the estimated Commercial Operation Date, Operator agrees to market
exclusively to Lower and Moderate Income("LMI")residents of the Town of Mamaroneck,New York,and to offer
all such residents a discount of no less than ten(10)percent on the value of the bill credits allocated to each such
resident. Between the ninety-first (91st) day and the one hundred and twentieth (120th) day of Operator's initial
subscription campaign,Operator agrees to market exclusively to all residents (including non-LMI)of the Town of
Mamaroneck,New York. For the avoidance of doubt, Host shall have the right,but not the obligation, i) to review
the terms of the subscription agreements and ii) to assist Operator in recruiting LMI clients to participate in the
community solar program. Furthermore,Operator will provide Host an annual report showing the list of subscribers
to the System noting which subscribers are LMI residents and the percentage total of LMI subscribers as a
percentage of total subscribers.
c. OSHA Compliance. Both parties shall ensure that all Occupational Safety and Health Act(OSHA) requirements
and other similar applicable safety laws or codes are adhered to in their performance under this Agreement.
d. Maintenance of Facility. Host shall,at its sole cost and expense,maintain the Facility in good condition and repair.
e. No Alteration of Facility. Host shall not make any alterations or repairs to the Facility which could materially
adversely affect the operation and maintenance of the System without first advising the Operator. If Host wishes
to make such alterations or repairs, Host shall give prior written notice to Operator, setting forth the work to be
undertaken (except for emergency repairs, for which notice may be given by telephone or electronic mail), and
except for emergency repairs,give Operator the opportunity to advise Host of a manner for making such alterations
or repairs that will avoid damage to the System. If a temporary disconnection or removal of the System is necessary
in order for the Host to effectuate the alterations or repairs,the Operator shall have 60 days to disconnect or remove
the System, the cost of which shall be paid for by the Host, and to advise the Host of the per diem loss of(i)
revenues that Operator would have received with respect to the System under any then existing electricity sale and
any other assistance program with respect to electric energy that would be produced during such disconnection or
removal; (ii) revenues from Environmental Attributes that Operator would receive with respect to electric energy
that would be produced by the System during such disconnection or removal;and(iii)Tax Credits that Operator(or,
if'Operator is a pass-through entity for tax purposes, Operator's owners) would receive with respect to electric
energy that would be produced by the System during such disconnection or removal. The Host shall pay these
aforementioned losses.Determination of the amount of energy that would be produced during any disconnection or
removal shall be determined by Operator on a commercially reasonable basis. If the Operator fails to respond to the
notice, the Host may disconnect or remove the System at its own expense and shall not be responsible to pay the
Operator for the losses described in(i),(ii)and(iii),above. Upon completion of such alterations or repairs,the Host
shall notify the Operator that the System can be reinstalled. If the Host is responsible for paying the Operator for the
losses described in(i),(ii)and(iii) above,such obligation shall cease as soon as the Host provides written notice to
the Operator that the alterations or repairs have been completed.All of Host's alterations and repairs will be done in
a good and workmanlike manner and in compliance with all applicable laws, codes and permits. Notwithstanding
anything to the contrary stated above, the Host will be responsible for all damage to the System caused by the Host
or its contactors.
f. Outages. Host shall be permitted to be off line for a total of sixty(60) days during the Term(each,a"Scheduled
Outage") , during which days Host shall not be obligated to reimburse Operator for lost or recaptured
Environmental Incentives or lost sales (and penalties payments associated with the same) of associated
Environmental Attributes (collectively, "Lost Environmental Revenue"), as otherwise provided herein;provided,
however, that Host must notify Operator in writing of each such Scheduled Outage at least one(1)business day in
advance of the commencement of a Scheduled Outage. In the event that Scheduled Outages exceed a total of sixty
60 dayss during the Term or there are unscheduled outages, in each case for a reason other than a Force Majeure
event,Host shall pay Operator an amount equal to, for the first one hundred and eighty(180)days after such sixty
0_0 days, assuming that Host intends to enable the System to return to service, a total amount per day as shown in
Exhibit 8,and thereafter the sum of(i)revenues that Operator would have received with respect to the System under
the any electricity sale and/or rebate program and any other assistance program with respect to electric energy that
would have been produced during the outage;(ii)revenues from Environmental Attributes that Operator would have
received with respect to electric energy that would have been produced by the System during the outage; and (iii)
Tax Credits that Operator(or, if Operator is a pass-through entity for tax purposes, Operator's owners)would have
received with respect to electric energy that would have been produced by the System during the outage.
Determination of the amount of energy that would have been produced during the removal or disconnection shall
determined by Operator on a commercially reasonable basis. For the avoidance of doubt, outages caused by the
Utility and not as a result of actions taken by Host shall not count towards the sixty(60)day limit described in this
Section 8(f).
g. Identification of Equipment. Host agrees, at Operator's request, to (i) permit Operator to prominently label the
System as Operator's personal property; (ii) not disturb, remove or obscure, or permit any person other than
Operator to disturb,remove or obscure such labeling and(iii)permit Operator to replace promptly any such labeling
which may be disturbed,removed or obscured.
h. Liens. Host shall not directly or indirectly cause,create,incur,assume or allow to exist any mortgage,pledge,lien,
charge, security interest, encumbrance or other claim of any nature on or with respect to the System or any interest
therein. Host shall immediately notify Operator in writing of the existence of any such mortgage, pledge, lien,
charge, security interest, encumbrance or other claim, shall promptly cause the same to be discharged and released
of record without cost to Operator, and shall indemnify Operator against all costs and expenses (including
reasonable attorneys' fees) incurred in discharging and releasing any such mortgage, pledge, lien, charge, security
interest,encumbrance or other claim.
i. Security. Host shall be responsible for using commercially reasonable efforts to maintain the physical security of
the Facility and the System against known risks. Host will not conduct activities on,in or about the Premises or the
Facility that have a reasonable likelihood of causing damage, impairment or otherwise adversely affecting the
System.
j. Insolation. Host understands that unobstructed access to sunlight ("Insolation") is essential to Operator's
performance of its obligations and a material term of this Agreement. Host shall not in any way cause and, where
possible,shall not in any way permit any interference with the System's Insolation. If Host becomes aware of any
activity or condition that could diminish the Insolation of the System, Host shall notify Operator immediately and
shall cooperate with Operator in preserving the System's existing Insolation levels. The Parties agree that reducing
Insolation would irreparably injure Operator, that such injury may not be adequately compensated by an award of
money damages,and that Operator is entitled to seek specific enforcement of this Section 8 against Host.
k. Data Line. Deleted
1. !Reserved'
9. Chance in Law.
"Change in Law" means (i) the enactment, adoption,promulgation, modification or repeal after the Effective Date of any
applicable law or regulation; (ii) the imposition of any material conditions on the issuance or renewal of any applicable
permit after the Effective Date of this Agreement (notwithstanding the general requirements contained in any applicable
Permit at the time of application or issue to comply with future laws, ordinances, codes, rules, regulations or similar
legislation),or(iii)a change in any utility rate schedule or tariff approved by any Governmental Authority which in the case
of any of (i), (ii) or (iii), establishes requirements affecting owning, supplying, constructing, installing, operating or
maintaining the System, or other performance of the Operator's obligations hereunder and which has a material adverse
effect on the cost to Operator of performing such obligations;provided,that a change in federal,state,county or any other tax
law after the Effective Date of this Agreement shall not be a Change in Law pursuant to this Agreement.
If any Change in Law occurs that has a material adverse effect on the cost to Operator of performing its obligations under this
Agreement,then the Parties shall, within thirty(30)days following receipt by Host from Operator of notice of such Change
in Law,meet and attempt in good faith to negotiate amendments to this Agreement as are reasonably necessary to preserve
the economic value of this Agreement to both Parties. If the Parties are unable to agree upon such amendments within such
thirty(30)day period,then Operator shall have the right to terminate this Agreement without further liability to either Party
except with respect to payment of amounts accrued prior to termination.
10. Relocation of System. If Host ceases to conduct business operations at and/or vacates the Facility prior to the expiration of
the Term, Host shall have the option to provide Operator with a mutually agreeable substitute premises located within the
same Utility district as the terminated System. Host shall provide written notice at least sixty(60)days but not more than one
hundred eighty(180)days prior to the date that it wants to make this substitution. In connection with such substitution,Host
shall execute an amended agreement that shall have all of the same terms as this Agreement except for the(i)Effective Date;
(ii)License, which will be amended to grant rights in the real property where the System relocated to; and(iii)Term,which
will be the remainder of the Term of this Agreement and such amended agreement shall be deemed to be a continuation of
this Agreement without termination. Host shall also provide any new Host, owner, Operator or mortgagee consents or
releases required by Operator or Operator's Financing Parties in connection with the substitute facility. Host shall pay all
costs associated with relocation of the System, including all costs and expenses incurred by or on behalf of Operator in
connection with removal of the System from the Facility and installation and testing of the System at the substitute facility
and all applicable interconnection fees and expenses at the substitute facility, as well as costs of new title search and other
out-of-pocket expenses connected to preserving and refiling the security interests of Operator's Financing Parties in the
System. Operator shall reasonably estimate the amount of electricity revenues,Environmental Attributes and Environmental
Incentives that would have been generated by the System during the period of time the System is not in operation due to the
relocation and shall invoice Host for any associated lost or recaptured electricity sales, Environmental Incentives and lost
sales(and penalties payments associated with the same)of associated Environmental Attributes in accordance with Section 4.
Operator shall remove the System from the vacated Facility prior to the termination of Host's ownership,lease or other rights
to use such Facility. Operator will not be required to restore the Facility to its prior condition but shall promptly pay Host for
any damage caused by Operator during removal of the System,but not for normal wear and tear. If the substitute facility has
inferior Insolation as compared to the original Facility or the community solar revenues are otherwise reduced as a result of
the relocation of the System, Operator shall have the right to make a reasonable adjustment to the Rent to compensate
Operator for the value of any reduction in revenue Operator incurs as a result in decreased production of electricity sales,
Environmental Incentives and/or Environmental Attributes and reduced Tax Credits that Operator(or, if Operator is a pass-
through entity for tax purposes, Operator's owners) receive as a result of the relocation. If Host is unable to provide such
substitute facility and to relocate the System as provided,any early termination will be treated as a default by Host.
11. Removal of System at Expiration.
No later than seven years prior to the end of the Lease Tenn, Operator shall provide for the Host's approval a letter signed
and stamped by a Professional Engineer licensed to do business in the State of New York estimating the Net Decomissioning
Cost, which will be the expected cost to remove the System(for the avoidance of doubt, inclusive of the restoration of the
Facility as provided below)less the expected recovery value of the Solar Equipment. Beginning six(6)years prior to the end
of the Lease Term and annually thereafter until the full amount of the Net Decommissioning Cost is funded, Operator will
deposit into an escrow account managed by Host(the"Decommissioning Escrow")an amount equal to one fifth of the Net
Decommissioning Cost(each, a"Decommissioning Escrow Payment"). Monies in the Decommissioning Escrow may only
be used by Host to remove the System in the event that Operator fails to remove the System as decribed below and will
otherwise be returned to the Operator after the removal by the Operator of the System.
Upon the expiration or earlier termination of this Agreement(provided Host does not exercise its purchase option),Operator
shall,at its expense(except as otherwise provided in Section 12(b)(iii)(C)),remove all of its tangible property comprising the
System from the Facility on a mutually convenient date,but in no event later than ninety(90)days after the expiration of the
Term ("Return Date"). Such removal shall be at Operator's expense unless the termination is due to a Host default.
Excluding ordinary wear and tear, the Facility shall be returned to its original condition including the removal of System
mounting pads or other support structures. In no case shall Operator's removal of the System affect the integrity of Host's
roof,which shall be as leak proof as it was prior to removal of the System and shall be flashed and/or patched to existing roof
specifications. Operator shall leave the Facility in neat and clean order. If Operator fails to remove or commence substantial
efforts to remove the System by such agreed upon date, Host shall have the right, at its option, to remove the System to a
public warehouse and restore the Facility to its original condition(other than ordinary wear and tear)at Operator's cost. Host
shall provide sufficient space for the temporary storage and staging of tools, materials and equipment and for the parking of
construction crew vehicles and temporary construction trailers and facilities reasonably necessary during System removal.
a. Inspection of Equipment. Prior to the removal of the System,Operator shall inspect the System to determine if the
System has been damaged by Host. If the results of such inspection(which a representative of Host shall be offered
to attend)indicate that the System,or any component thereof,has been damaged by Host.Host shall pay to Operator
within ten (10) days of demand, as liquidated damages, the estimated cost ("Estimated Cost") of servicing or
repairing the System or component thereof. The Estimated Cost shall be determined by Operator and Host by each
obtaining one quote for such service or repair work and take their average. Host shall bear the cost, if any, incurred
by Operator in obtaining such quotes if damage was caused by Host.
b. Holdover of Equipment. If Host fails to permit Operator to retrieve the System on the Return Date,Operator shall
be entitled to damages equal to the daily fair market rental for the System on the Return Date, as determined by
Operator in a commercially reasonable manner. Such damages for retention of the System after the Return Date
shall not be interpreted as an extension or reinstatement of the Term.
c. Retention of Rights. All rights contained in this Section 11 shall survive the expiration or other termination of this
Agreement.
12. Measurement.
Operator shall install one or more meter(s), as Operator deems appropriate, at or immediately before the Delivery Point to
measure the output of the System. Such meter shall meet the general commercial standards of the solar photovoltaic industry
or the required standard of the Utility. Operator shall maintain the meter(s)in accordance with industry standards.
13. Default,Remedies and Damages.
a. Default. Any Party that fails to perform its responsibilities as listed below or experiences any of the circumstances
listed below shall be deemed to be the "Defaulting Party", the other Party shall be deemed to be the "Non-
Defaulting Party",and each event of default shall be a"Default Event":
i. failure of a Party to pay any amount due and payable under this Agreement, other than an amount that is
subject to a good faith dispute, within ten (10) days following receipt of written notice from the Non-
Defaulting Party of such failure to pay("Payment Default");
ii. failure of a Party to substantially perform any other material obligation under this Agreement within thirty
(30) days following receipt of written notice from the Non-Defaulting Party demanding such cure;
provided,that such thirty(30)day cure period shall be extended(but not beyond ninety(90)days)if and to
the extent reasonably necessary to cure the Default Event, if(A) the Defaulting Party initiates such cure
within the thirty(30)day period and continues such cure to completion and(B)there is no material adverse
effect on the Non-Defaulting Party resulting from the failure to cure the Default Event;
iii. if any representation or warranty of a Party proves at any time to have been incorrect in any material
respect when made and is material to the transactions contemplated hereby, if the effect of such
incorrectness is not cured within thirty (30) days following receipt of written notice from the Non-
Defaulting Party demanding such cure;
iv. Host loses its rights to occupy and enjoy the Premises;
v. a Party becomes insolvent or is a party to a bankruptcy, reorganization, insolvency, liquidation,
receivership, dissolution, winding-up or relief of debtors, or any general assignment for the benefit of
creditors or other similar arrangement or any event occurs or proceedings are taken in any jurisdiction with
respect to the Party which has a similar effect, and, if any such bankruptcy or other proceedings were
initiated by a third party, if such proceedings have not been dismissed within sixty (60) days following
receipt of a written notice from the Non-Defaulting Party demanding such cure;or
vi. Host breaches this agreement in a way that prevents the delivery of electric energy from the System.
b. Remedies.
Remedies for Payment Default. If a Payment Default occurs, the Non-Defaulting Party may suspend
performance of its obligations under this Agreement. Further, the Non-Defaulting Party may (A) at any
time during the continuation of the Default Event, terminate this Agreement upon five (5) days prior
written notice to the Defaulting Party, and (B) pursue any remedy under this Agreement, at law or in
equity,including an action for damages.
ii. Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the
Non-Defaulting Party may(A) subject to notice to defaulting party and a sixty (60) day period to cure, at
any time during the continuation of the Default Event,terminate this Agreement or suspend its performance
of its obligations under this Agreement,upon five(5)days prior written notice to the Defaulting Party,and
(B) pursue any remedy under this Agreement, at law or in equity, including an action for damages.
Nothing herein shall limit either Party's right to collect damages upon the occurrence of a breach or a
default by the other Party that does not become a Default Event. If Host terminates this contract without
cause prior to System installation a five thousand dollar($5,000)design cancellation fee shall also apply in
addition to any other remedy available to Operator.
iii. Damages Upon Termination by Default. Upon a termination of this Agreement by the Non-Defaulting
Party as a result of a Default Event by the Defaulting Party, the Defaulting Party shall pay a Termination
Payment to the Non-Defaulting Party determined as follows(the"Termination Payment"):
A. Host. If Host is the Defaulting Party and Operator terminates this Agreement, the Termination
Payment to Operator shall be equal to for any given Contract Year, the amount set forth on
Exhibit 4, Attachment A attached hereto. The Parties agree that actual damages to Operator in
the event this Agreement terminates prior to the expiration of the Term as the result of a Default
Event by Host would be difficult to ascertain, and the applicable Termination Payment is a
reasonable approximation of the damages suffered by Operator as a result of early termination of
this Agreement. The Termination Payment shall not be less than zero. Notwithstanding anything
stated in this paragraph or elsewhere in this Agreement, both Host and Operator agree that the
only circumstance that would enable Operator to collect the Termination Payment on Exhibit 4 is
if the Host terminates this Agreement or takes such other actions as to render Operator
permanently unable to operate the System, For any other default, Operator's remedies are limited
to penalties as outlined in Exhibit 8 or other remedies outlined elsewhere in this Agreement.
B. Operator. If Operator is the Defaulting Party and Host terminates this Agreement,the Termination
Payment to Host shall be equal to the sum of the following: (1) six(6)months of Rent that would
have been payable under the Agreement; and (2) any cost to remove and restore the roof to its
previous condition incurred by Host net of System residual value, and (3) any and all other
amounts previously accrued under this Agreement and then owed by Operator to Host. The
Termination Payment shall not be less than zero.
C. Obligations Following Termination. If a Non-Defaulting Party terminates this Agreement
pursuant to this Section 13(b), then following such termination,Operator shall,at the sole cost and
expense of the Defaulting Party, remove the System. The Non-Defaulting Party shall take all
commercially reasonable efforts to mitigate its damages as the result of a Default Event.
14. Representations,and Warranties and Covenants.
a. General Representations and Warranties. Each Party represents and warrants to the other the following as of the
Effective Date:
Such Party is duly organized,validly existing and in good standing under the laws of the jurisdiction of its
formation; the execution, delivery and performance by such Party of this Agreement have been duly
authorized by all necessary corporate,partnership or limited liability company action, as applicable,and do
not and shall not violate any law; and this Agreement is valid obligation of such Party,enforceable against
such Party in accordance with its terms (except as may be limited by applicable bankruptcy, insolvency,
reorganization, moratorium and other similar laws now or hereafter in effect relating to creditors' rights
generally).
ii. Such Party has obtained all licenses,authorizations, consents and approvals required by any Governmental
Authority or other third party and necessary for such Party to own its assets, carry on its business and to
execute and deliver this Agreement; and such Party is in compliance with all laws that relate to this
Agreement in all material respects.
b. Host Representations and Warranties and Covenants. Host represents and warrants to Operator the following as
of the Effective Date and covenants that throughout the Term:
License. Host has title to or a leasehold or other property interest in the Premises. Host has the full right,
power and authority to grant the License contained in Section 8(a). Such grant of the License does not
violate any law, ordinance, rule or other governmental restriction applicable to Host or the Facility and is
not inconsistent with and will not result in a breach or default under any agreement by which Host is bound
or that affects the Facility. If Host does not own the Premises or Facility, Host has obtained all required
consents from the owner of the Premises and/or Facility to grant the License and enter into and perform its
obligations under this Agreement.
ii. Other Agreements. Neither the execution and delivery of this Agreement by Host nor the performance by
Host of any of its obligations under this Agreement conflicts with or will result in a breach or default under
any agreement or obligation to which Host is a party or by which Host or the Facility is bound.
iii. Accuracy of Information. Deleted
iv. Host Status. Host is not a public utility or a public utility holding company and is not subject to regulation
as a public utility or a public utility holding company.
v. Hazardous Substances. To the best of its knowledge, there are no Hazardous Substances at, on, above,
below or near the Premises.
vi. No Pool Use. No electricity generated by the System will be used to heat a swimming pool.
c. [Reserved]
15. System and Facility Damage and Insurance.
a. System and Facility Damage.
i. Operator's Obligations. If the System is damaged or destroyed other than by Host's negligence or willful
misconduct, Operator shall promptly repair and restore the System to its pre-existing condition; provided,
however, that if more than fifty percent (50%) of the System is destroyed during the last five (5) years of
the Initial Term or during any Additional Term, Operator shall not be required to restore the System and
may terminate the agreement early as provided in Section 11.
Host's Obligations. If the Facility is damaged or destroyed by Host's gross negligence or willful
misconduct such that the operation of the System is materially impaired, Host shall promptly repair and
restore the Facility to its pre-existing condition;provided,however,that if more than 50%of the Facility is
destroyed by Host's gross negligence or willful misconduct during the last five years of the Initial Term,
Host may elect either (A) to restore the Facility or (B) to pay to Operator the Termination Payment
calculated in accordance with Section 13(b)(iii)(A),and thereupon terminate this Agreement.
b. Insurance Coverage. At all times during the Term,which shall begin at Commencement of Construction for
purposes of this section,Host and Operator shall maintain(or,in the case of Operator prior to the Commercial
Operation Date,cause its construction subcontractors during the construction period to maintain)the following
insurance:
i. Operator's Insurance. Operator shall maintain the greater without duplication of(1)(A)property insurance
on the System for the replacement cost thereof including customary business interruption insurance, (B)
commercial general liability insurance with coverage of at least$1,000,000 per occurrence and$2,000,000
annual aggregate, (C)employer's liability insurance with coverage of at least$1,000,000 and(iv)workers'
compensation insurance as required by law or (2) the insurance requirement in Exhibit 7 (RFP Insurance
Requirement).
ii. Host's Insurance. Host shall maintain commercial general liability insurance with coverage of at least two
million dollars($2,000,000)per occurrence and five million dollars($5,000,000)annual aggregate.
c. Policy Provisions. All insurance policies provided hereunder shall (i) contain a provision whereby the insurer
agrees to give the party not providing the insurance (A) not less than ten (10) days written notice before the
insurance is cancelled, or terminated as a result of non-payment of premiums, or (B) not less than thirty (30) days
written notice before the insurance is otherwise cancelled or terminated, (ii)be written on an occurrence basis, and
(iii)be maintained with companies either rated no less than A-VII as to Policy Holder's Rating in the current edition
of A.M.Best's Insurance Guide or otherwise reasonably acceptable to the other party.
d. Certificates. Upon the other Party's request each Party shall deliver the other Party certificates of insurance
evidencing the above required coverage. A Party's receipt, review or acceptance of such certificate shall in no way
limit or relieve the other Party of the duties and responsibilities to maintain insurance as set forth in this Agreement.
e. Deductibles. Unless and to the extent that a claim is covered by an indemnity set forth in this Agreement, each
Party shall be responsible for the payment of its own deductibles.
16. Ownership;Option to Purchase.
a. Ownership of System. Throughout the Term (except as otherwise permitted in ), Operator shall be the legal and
beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on
Exhibit 1),and the System shall remain the personal property of Operator and shall not attach to or be deemed a part
of, or fixture to, the Facility or the Premises. Each of the Operator and Host agree that the Operator (or the
designated assignee of Operator permitted under Section 19) is the tax owner of the System and all tax filings and
reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status
of personal property as defined under Article 9 of the Uniform Commercial Code. Host covenants that it will use
commercially reasonable efforts to place all parties having an interest in or a mortgage,pledge,lien,charge, security
interest,encumbrance or other claim of any nature on the Facility or the Premises on notice of the ownership of the
System and the legal status or classification of the System as personal property. If there is any mortgage or fixture
filing against the Premises which could reasonably be construed as prospectively attaching to the System as a fixture
of the Premises, Host shall provide a disclaimer or release from such lienholder. If Host is the fee owner of the
Premises, Host consents to the filing of a disclaimer of the System as a fixture of the Premises in the office where
real estate records are customarily filed in the jurisdiction where the Facility is located. If Host is not the fee owner,
Host will obtain such consent from such owner. Upon request,Host agrees to deliver to Operator a non-disturbance
agreement in a form reasonably acceptable to Operator from the owner of the Facility (if the Facility is leased by
Host), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To
the extent that Host does not own the Premises or Facility, Host shall provide to Operator immediate written notice
of receipt of notice of eviction from the Premises or Facility or termination of Host's lease of the Premises and/or
Facility.
b. Option to Purchase. At the end of the sixth Contract Year, and at the end of the Initial Term and each Additional
Term, so long as Host is not in default under this Agreement,Host may purchase the System from Operator on any
such date for a purchase price equal to the greater of the Termination Value or Fair Market Value of the System.
Host must provide a notification to Operator of its intent to purchase at least ninety(90)days and not more than one
hundred eighty(180)days prior to the end of the applicable Contract Year or the Initial Term or Additional Term,as
applicable,and the purchase shall be complete prior to the end of the applicable Contract Year or the Initial Term or
Additional Term, as applicable. Any such purchase shall be on an as-is, where-is basis, and Operator shall not
provide any warranty or other guarantee regarding the performance of the System,provided,however,that Operator
shall assign to Host any manufacturers warranties that are in effect as of the purchase, and which are assignable
pursuant to their terms.
c. Determination of Fair Market Value. "Fair Market Value" means, in Operator's reasonable determination, the
greater of: (i) the amount that would be paid in an arm's length, free market transaction, for cash, between an
informed, willing seller and an informed willing buyer, neither of whom is under compulsion to complete the
transaction,taking into account,among other things,the age, condition and performance of the System and advances
in solar technology,provided that installed equipment shall be valued on an installed basis, shall not be valued as
scrap if it is functioning and in good condition and costs of removal from a current location shall not be a deduction
from the valuation, and(ii)for any given Contract Year,the amount set forth on Exhibit 4, Attachment A attached
hereto. Operator shall determine Fair Market Value within thirty (30) days after Host has exercised its option to
Purchase the System. Operator shall give written notice to Host of such determination,along with a full explanation
of the calculation of Fair Market Value,including without limitation,an explanation of all assumptions,figures and
values used in such calculation and factual support for such assumptions, figures and values. If Host reasonably
objects to Operator's determination of Fair Market Value within thirty(30)days after Operator has provided written
notice of such determination, the Parties shall select a nationally recognized independent appraiser with experience
and expertise in the solar photovoltaic industry to determine the Fair Market Value of the System. Such appraiser
shall act reasonably and in good faith to determine the Fair Market Value of the System based on the formulation set
forth herein,and shall set forth such determination in a written opinion delivered to the Parties. The valuation made
by the appraiser shall be binding upon the Parties in the absence of fraud or manifest error. The costs of the
appraisal shall be borne by the Parties equally. Upon purchase of the System, Host will assume complete
responsibility for the operation and maintenance of the System and liability for the performance of the System,and
Operator shall have no further liabilities or obligations hereunder.
17. Indemnification and Limitations of Liability.
a. General. Each Party(the"Indemnifying Party")shall defend, indemnify and hold harmless the other Party and the
directors, officers, shareholders, partners, members, agents and employees of such other Party, and the respective
affiliates of each thereof(collectively, the "Indemnified Parties"), from and against all loss, damage, expense,
liability and other claims, including court costs and reasonable attorneys' fees(collectively, "Liabilities")resulting
from any third party actions relating to the breach of any representation or warranty set forth in Section 14 and from
injury to or death of persons,and damage to or loss of property to the extent caused by or arising out of the negligent
acts or omissions of,or the willful misconduct of,the Indemnifying Party(or its contractors,agents or employees)in
connection with this Agreement,or arising out of any claim for breach of contract;provided,however,that nothing
herein shall require the Indemnifying Party to indemnify the Indemnified Party for any Liabilities to the extent
caused by or arising out of the negligent acts or omissions of, or the willful misconduct of, the Indemnified Party.
This Section 17(aa however, shall not apply to liability arising from any form of hazardous substances or other
environmental contamination,such matters being addressed exclusively by Section 15.c.i.
b. Omitted.
c. Notice and Participation in Third Party Claims. The Indemnified Party shall give the Indemnifying Party written
notice with respect to any Liability asserted by a third party(a "Claim"), as soon as possible upon the receipt of
information of any possible'Claim or of the commencement of such Claim. The Indemnifying Party may assume the
defense of any Claim, at its sole cost and expense, with counsel designated by the Indemnifying Party and
reasonably satisfactory to the Indemnified Party. The Indemnified Party may, however, select separate counsel if
both Parties are defendants in the Claim and such defense or other form of participation is not reasonably available
to the Indemnifying Party. The Indemnifying Party shall pay the reasonable attorneys' fees incurred by such
separate counsel until such time as the need for separate counsel expires. The Indemnified Party may also, at the
sole cost and expense of the Indemnifying Party,assume the defense of any Claim if the Indemnifying Party fails to
assume the defense of the Claim within a reasonable time. Neither Party shall settle any Claim covered by this
Section 17(bl unless it has obtained the prior written consent of the other Party, which consent shall not be
unreasonably withheld or delayed. The Indemnifying Party shall have no liability under this Section 17(b)for any
Claim for which such notice is not provided if that the failure to give notice prejudices the Indemnifying Party.
i. Environmental Indemnification. Operator shall indemnify, defend and hold harmless Host from and
against all Liabilities arising out of or relating to the existence at,on,above,below or near the Premises of
any Hazardous Substance (as defined in Section 17(i)(i)) to the extent deposited, spilled or otherwise
caused by Operator or any of its contractors or agents. Host shall indemnify, defend and hold harmless
Operator from and against all Liabilities arising out of or relating to the existence at, on, above, below or
near the Premises of any Hazardous Substance,except to the extent deposited, spilled or otherwise caused
by Host or any of its contractors or agents. Each Party shall promptly notify the other Party if it becomes
aware of any Hazardous Substance on or about the Premises generally or any deposit,spill or release of any
Hazardous Substance.
ii. "Hazardous Substance" means any chemical, waste or other substance (A) which now or hereafter
becomes defined as or included in the definition of "hazardous substances," "hazardous wastes,"
"hazardous materials," "extremely hazardous wastes," "restricted hazardous wastes," "toxic substances,"
"toxic pollutants," "pollution," "pollutants," "regulated substances," or words of similar import under any
laws pertaining to the environment,health, safety or welfare,(B)which is declared to be hazardous,toxic,
or polluting by any Governmental Authority,(C)exposure to which is now or hereafter prohibited,limited
or regulated by any Governmental Authority,(D)the storage,use,handling,disposal or release of which is
restricted or regulated by any Governmental Authority,or(E)for which remediation or cleanup is required
by any Governmental Authority.
d. Limitations on Liability.
i. No Consequential Damages. Except with respect to indemnification for third party claims pursuant to this
Section 17 and damages that result from the willful misconduct of a Party, neither Party nor its directors,
officers, shareholders,partners,members,agents and employees subcontractors or suppliers shall be liable
for any indirect,special,incidental,exemplary,or consequential loss or damage of any nature arising out of
their performance or non-performance hereunder even if advised of such.
ii. Actual Damages. Except with respect to indemnification for third party claims pursuant to Section 22 and
damages that result from the willful misconduct of Operator, Operator's aggregate liability under this
Agreement arising out of or in connection with the performance or non-performance of this Agreement
shall not exceed the total Rent payment made over a six(6)months period(or, as applicable,projected to
be made)to Host under this Agreement. The provisions of this Section(17)(d)(ii)shall apply whether such
liability arises in contract, tort (including negligence), strict liability or otherwise. Any action against
Operator must be brought within one(1)year after the cause of action accrues.
18. Force Majeure.
a. "Force Majeure" means any event or circumstances beyond the reasonable control of and without the fault or
negligence of the Party claiming Force Majeure. It shall include, without limitation, failure or interruption of the
production,delivery or acceptance of electricity due to: an act of god; war(declared or undeclared); sabotage;riot;
insurrection; civil unrest or disturbance; military or guerilla action; terrorism; economic sanction or embargo; civil
strike,work stoppage,slow-down,or lock-out;explosion;fire;earthquake;abnormal weather condition or actions of
the elements;hurricane;flood;lightning;wind;drought;the binding order of any Governmental Authority(provided
that such order has been resisted in good faith by all reasonable legal means); the failure to act on the part of any
Governmental Authority(provided that such action has been timely requested and diligently pursued);unavailability
of electricity from the utility grid,equipment,supplies or products(but not to the extent that any such availability of
any of the foregoing results from the failure of the Party claiming Force Majeure to have exercised reasonable
diligence);and failure of equipment not utilized by or under the control of the Party claiming Force Majeure.
b. Except as otherwise expressly provided to the contrary in this Agreement,if either Party is rendered wholly or partly
unable to timely perform its obligations under this Agreement because of a Force Majeure event,that Party shall be
excused from the performance affected by the Force Majeure event(but only to the extent so affected)and the time
for performing such excused obligations shall be extended as reasonably necessary; provided, that: (i) the Party
affected by such Force Majeure event,as soon as reasonably practicable after obtaining knowledge of the occurrence
of the claimed Force Majeure event, gives the other Party prompt oral notice, followed by a written notice
reasonably describing the event; (ii) the suspension of or extension of time for performance is of no greater scope
and of no longer duration than is required by the Force Majeure event; and (iii) the Party affected by such Force
Majeure event uses all reasonable efforts to mitigate or remedy its inability to perform as soon as reasonably
possible. The Term shall be extended day for day for each day performance is suspended due to a Force Majeure
event.
c. Notwithstanding anything herein to the contrary, the obligation to make any payment due under this Agreement
shall not be excused by a Force Majeure event that solely impacts Operator's ability to make payment.
19. Assignment and Financing.
a. Assi¢nment and Sublease. HOST SHALL NOT SELL,TRANSFER,ASSIGN OR ENCUMBER THE SYSTEM
OR ANY PART THEREOF,OPERATOR'S TITLE OR HOST'S RIGHTS UNDER THIS AGREEMENT. HOST
SHALL NOT, WITHOUT THE PRIOR WRITTEN CONSENT OF OPERATOR, SUBLET OR PART WITH
POSSESSION OF THE SYSTEM OR ANY PART THEREOF.This Agreement may not be assigned in whole or in
part by either Party without the prior written consent of the other Party, which consent shall not be unreasonably
withheld or delayed. Notwithstanding the foregoing, Operator may, without the prior written consent of Host, (i)
assign, mortgage, pledge or otherwise collaterally assign its interests in this Agreement and the System to any
Financing Party, (ii) directly or indirectly assign this Agreement and the System to an affiliate or subsidiary of
Operator,(iii)assign this Agreement and the System to any entity through which Operator is obtaining financing or
capital for the System and(iv)assign this Agreement and the System to any person succeeding to all or substantially
all of the assets of Operator(provided that Operator shall be released from liability hereunder as a result of any of
the foregoing permitted assignments only upon assumption of Operator's obligations hereunder by the assignee). In
the event of any such assignment, the Operator shall be released from all its liabilities and other obligations under
this Agreement. However, any assignment of Operator's right and/or obligations under this Agreement, shall not
result in any change to Host's rights and obligations under this Agreement. Host's consent to any other assignment
shall not be unreasonably withheld if Host has been provided with reasonable proof that the proposed assignee (x)
has comparable experience in operating and maintaining photovoltaic solar systems comparable to the System and
providing services comparable to those contemplated by this Agreement and (y) has the fmancial capability to
maintain the System and provide the services contemplated by this Agreement in the manner required by this
Agreement. This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees.
b. Financing. The Parties acknowledge that Operator may obtain construction and long-term financing or other credit
support from one or more Financing Parties. "Financing Parties" means person or persons providing construction
or permanent fmancing to Operator in connection with construction, ownership, operation and maintenance of the
System,or if applicable,means,if applicable,any person to whom Operator has transferred the ownership interest in
the System,subject to a leaseback of the System from such person.Both Parties agree in good faith to consider and
to negotiate changes or additions to this Agreement that may be reasonably requested by the Financing Parties;
provided,that such changes do not alter the fundamental economic terms of this Agreement. In connection with an
assignment pursuant to Section 19(a)(i)-(iv), Host agrees to execute any consent, estoppel or acknowledgement in
form and substance reasonably acceptable to such Financing Parties.
c. Successor Servicing. The Parties further acknowledge that in connection with any construction or long term
fmancing or other credit support provided to Operator or its affiliates by Financing Parties, that such Financing
Parties may require that Operator or its affiliates appoint a third party to act as backup or successor provider of
operation and maintenance services with respect to the System and/or administrative services with respect to this
Agreement (the "Successor Provider"). Host agrees to accept performance from any Successor Provider so
appointed so long as such Successor Provider performs in accordance with the terms of this Agreement. Provider
agrees to provide (or cause Succesor Provider or the Financing Parties to provide) a written notice to Host of any
such Successor Provider appointment, including new contact information,insurance information and description of
qualifications, and financial information sufficient to prove that Successor Provider can assume the Operator's
responsibilities under this lease.
20. Confidentiality and Publicity.
a. Confidentiality. If either Party provides confidential information, including business plans, strategies, financial
information, proprietary, patented, licensed, copyrighted or trademarked information, and/or technical information
regarding the design,operation and maintenance of the System or of Host's business("Confidential Information")
to the other or, if in the course of performing under this Agreement or negotiating this Agreement a Party learns
Confidential Information regarding the facilities or plans of the other, the receiving Party shall (a) protect the
Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential
and proprietary information,and(b)refrain from using such Confidential Information,except in the negotiation and
performance of this Agreement, including but not limited to obtaining financing for the System. Notwithstanding
the above, a Party may provide such Confidential Information to its, officers, directors, members, managers,
employees, agents, contractors and consultants (collectively, "Representatives"), and affiliates, lenders, and
potential assignees of this Agreement(provided and on condition that such potential assignees be bound by a written
agreement or legal obligation restricting use and disclosure of Confidential Information). Each such recipient of
Confidential Information shall be informed by the Party disclosing Confidential Information of its confidential
nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. In
any event,each Party shall be liable(with respect to the other Party)for any breach of this provision by any entity to
whom that Party improperly discloses Confidential Information. The terms of this Agreement(but not its execution
or existence) shall be considered Confidential Information for purposes of this Section 19.c, except as set forth in
Section 19.c(b). All Confidential Information shall remain the property of the disclosing Party and shall be returned
to the disclosing Party or destroyed after the receiving Party's need for it has expired or upon the request of the
disclosing Party. Each Party agrees that the disclosing Party would be irreparably injured by a breach of this Section
19.c(a) by the receiving Party or its Representatives or other person to whom the receiving Party discloses
Confidential Information of the disclosing Party and that the disclosing Party may be entitled to equitable relief,
including injunctive relief and specific performance,in the event of a breach of the provision of this Section 19.c(a).
To the fullest extent permitted by applicable law, such remedies shall not be deemed to be the exclusive remedies
for a breach of this Section 19.c(a),but shall be in addition to all other remedies available at law or in equity.
b. Permitted Disclosures. Notwithstanding any other provision in this Agreement,neither Party Shall be required to
hold confidential any information that(i)becomes publicly available other than through the receiving Party, (ii) is
required to be disclosed to a Governmental Authority under applicable law or pursuant to a validly issued subpoena
(but a receiving Party subject to any such requirement shall promptly notify the disclosing Party of such requirement
to the extent permitted by applicable law), (iii) is independently developed by the receiving Party or(iv)becomes
available to the receiving Party without restriction from a third party under no obligation of confidentiality. If
disclosure of information is required by a Governmental Authority,the disclosing Party shall,to the extent permitted
by applicable law, notify the other Party of such required disclosure promptly upon becoming aware of such
required disclosure and shall cooperate with the other Party in efforts to limit the disclosure to the maximum extent
permitted by law. [Town to add FOIL language]
21. Goodwill and Publicity. Neither Party shall use any name,trade name,service mark or trademark of the other Party in any
promotional or advertising material without the prior written consent of such other Party. The Parties shall coordinate and
cooperate with each other when making public announcements related to the execution and existence of this Agreement,and
each Party shall have the right to promptly review, comment upon and approve any publicity materials, press releases or
other public statements by the other Party that refer to, or that describe any aspect of, this Agreement. Neither Party shall
make any press release or public announcement of the specific terms of this Agreement(except for filings or other statements
or releases as may be required by applicable law) without the specific prior written consent of the other Party. Without
limiting the generality of the foregoing,all public statements must accurately reflect the rights and obligations of the Parties
under this Agreement, including the ownership of Environmental Attributes and Environmental Incentives and any related
reporting rights.
22. Miscellaneous Provisions
a. Choice of Law. The law of the state where the System is located shall govern this Agreement without giving effect
to conflict of laws principles.
b. Arbitration and Attorneys' Fees. Any dispute arising from or relating to this Agreement shall be arbitrated in
New York State. The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration
Rules and Procedures, and judgment on any award may be entered in any court of competent jurisdiction. If the
Parties agree,a mediator may be consulted prior to arbitration.The prevailing party in any dispute arising out of this
Agreement shall be entitled to reasonable attorneys' fees and costs.
c. Notices. All notices under this Agreement shall be in writing and shall be by personal delivery, facsimile
transmission,electronic mail,overnight courier,or regular,certified,or registered mail,return receipt requested,and
deemed received upon personal delivery, acknowledgment of receipt of electronic transmission, the promised
delivery date after deposit with overnight courier,or five(5)days after deposit in the mail. Notices shall be sent to
the person identified in this Agreement at the addresses set forth in this Agreement or such other address as either
party may specify in writing. Each party shall deem a document faxed, emailed or electronically sent in PDF form
to it as an original document.
d. Survival. Provisions of this Agreement that should reasonably be considered to survive termination of this
Agreement shall survive. For the avoidance of doubt,surviving provisions shall include,without limitation,Section
4 (Representations and Warranties), Section 15(b)(Insurance Coverage), Section 17(Indemnification and Limits of
Liability),Section 20(Confidentiality and Publicity),Section 22(a)(Choice of Law),Section 22(b)(Arbitration and
Attorneys' Fees),Section 22(c)(Notices),Section 22(g)(Comparative Negligence),Section 22(h)(Non-Dedication
of Facilities),Section 22(j)(No Partnership) Section 22(k)(Full Agreement,Modification,Invalidity,Counterparts,
Captions)and Section 22(1)(No Third Party Beneficiaries).
e. Further Assurances. Each of the Parties hereto agree to provide such information, execute and deliver any
instruments and documents and to take such other actions as may be necessary or reasonably requested by the other
Party which are not inconsistent with the provisions of this Agreement and which do not involve the assumptions of
obligations other than those provided for in this Agreement,to give full effect to this Agreement and to carry out the
intent of this Agreement.
f. Right of Waiver. Each Party, in its sole discretion, shall have the right to waive, defer or reduce any of the
requirements to which the other Party is subject under this Agreement at any time(other than with respect to and/or
relating to the obligation to make any payment due under this Agreement); provided, however that neither Party
shall be deemed to have waived, deferred or reduced any such requirements unless such action is in writing and
signed by the waiving Party. No waiver will be implied by any usage of trade, course of dealing or course of
performance. A Party's exercise of any rights hereunder shall apply only to such requirements and on such
occasions as such Party may specify and shall in no event relieve the other Party of any requirements or other
obligations not so specified. No failure of either Party to enforce any term of this Agreement will be deemed to be a
waiver. No exercise of any right or remedy under this Agreement by Host or Operator shall constitute a waiver of
any other right or remedy contained or provided by law. Any delay or failure of a Party to exercise, or any partial
exercise of,its rights and remedies under this Agreement shall not operate to limit or otherwise affect such rights or
remedies. Any waiver of performance under this Agreement shall be limited to the specific performance waived and
shall not, unless otherwise expressly stated in writing, constitute a continuous waiver or a waiver of future
performance.
g. Comparative Negligence. It is the intent of the Parties that where negligence is determined to have been joint,
contributory or concurrent,each Party shall bear the proportionate cost of any Liability.
h. Non-Dedication of Facilities. Nothing herein shall be construed as the dedication by either Party of its facilities or
equipment to the public or any part thereof. Neither Party shall knowingly take any action that would subject the
other Party, or other Party's facilities or equipment, to the jurisdiction of any Governmental Authority as a public
utility or similar entity. Neither Party shall assert in any proceeding before a court or regulatory body that the other
Party is a public utility by virtue of such other Party's performance under this agreement. If Operator is reasonably
likely to become subject to regulation as a public utility, then the Parties shall use all reasonable efforts to
restructure their relationship under this Agreement in a manner that preserves their relative economic interests while
ensuring that Operator does not become subject to any such regulation. If the Parties are unable to agree upon such
restructuring,Operator shall have the right to terminate this Agreement without further liability,and Operator shall
remove the System in accordance with Section 11 of this Agreement.
Estoppel. Either Party hereto,without charge,at any time and from time to time,within five(5)business days after
receipt of a written request by the other party hereto, shall deliver a written instrument, duly executed, certifying to
such requesting party,or any other person specified by such requesting Party: (i)that this Agreement is unmodified
and in full force and effect, or if there has been any modification, that the same is in full force and effect as so
modified, and identifying any such modification; (ii) whether or not to the knowledge of any such party there are
then existing any offsets or defenses in favor of such party against enforcement of any of the terms, covenants and
conditions of this Agreement and,if so,specifying the same and also whether or not to the knowledge of such party
the other party has observed and performed all of the terms,covenants and conditions on its part to be observed and
performed, and if not, specifying the same; and(iii) such other information as may be reasonably requested by the
requesting Party. Any written instrument given hereunder may be relied upon by the recipient of such instrument,
except to the extent the recipient has actual knowledge of facts contained in the certificate. [Town to add language]
j. No Partnership. No provision of this Agreement shall be construed or represented as creating a partnership,trust,
joint venture,fiduciary or any similar relationship between the Parties. No Party is authorized to act on behalf of the
other Party,and neither shall be considered the agent of the other.
k. Full Agreement.Modification,Invalidity,Counterparts,Captions. This Agreement,together with any Exhibits,
completely and exclusively states the agreement of the Parties regarding its subject matter and supersedes all prior
proposals, agreements, or other communications between the Parties, oral or written, regarding its subject matter.
This Agreement may be modified only by a writing signed by both Parties. If any provision of this Agreement is
found unenforceable or invalid,such unenforceability or invalidity shall not render this Agreement unenforceable or
invalid as a whole. In such event, such provision shall be changed and interpreted so as to best accomplish the
objectives of such unenforceable or invalid provision within the limits of applicable law. This Agreement may be
executed in any number of separate counterparts and each counterpart shall be considered an original and together
shall comprise the same Agreement. The captions or headings in this Agreement are strictly for convenience and
shall not be considered in interpreting this Agreement.
1. No Third Party Beneficiaries. Except for assignees, Financing Parties, and Successor Providers permitted under
Section 19,this Agreement and all rights hereunder are intended for the sole benefit of the Parties hereto and shall
not imply or create any rights on the part of,or obligations to,any other Person.
m. Bonding.
i. Performance bond liability. Any performance bond issued for a site or system will cease one(1)year from
the completion of construction. If a warranty or guarantee is provided under the terms of this Agreement,
the balance of any warranty or guarantee beyond one year term of the applicable performance bond shall
continue to be guaranteed solely by Operator under the terms of this Agreement. The performance bond
does not guarantee any property restorative requirements.
ii. Payment bond liability. Any payment bond issued will cease at the termination of any time required by law.
iii. Performance Guarantee.Neither payment bonds,whether for labor or materials,nor performance bonds are
applicable to any specified performance guarantee.
Exhibit 4
Attachment A
Termination Payment
Termination Payments due under Section 13 (b)(iii)hereof will be determined by the following table.
Initial Term
Contract Year Termination Payment Amount
1 $1,008,988
2 $918,303
3 $826.656
4 $734,000
5 $640,284
6 $545,457
7 $519,833
8 $492,984
9 $464,849
10 $435,362
11 $404.458
12 $372,066
13 $338,110
14 $302,515
15 $265.197
16 $226.070
17 $185.046
18 $142,028
19 $96,919
20 S49,612
After Year 20(no extension) $0
Additional Term(s)
Additional Term Year Termination Payment Amount for each
Additional Term
1_ $49,612
$41,000
3 $33,000
4 $25,000
5 $17,000
After Year 5 (1
Notwithstanding the tables above,for the avoidance of doubt. i)it not the intention of the Parties that the$0 termination value
subsequent to Year 20 in the Initial Term table and subsequent to Year 5 in the Additional Term(s)table may be used as a means to
deny Operator the right to extend the Term of this Lease pursuant to the terms hereof and ii)following any termination of this Lease
by Host subsequent to Year 20 Host shall grant Operator access to the Premises for a period of 120 days to remove the System. If
Host wishes to take ownership of the Svstemsubsequent to Year 20 it may do so only under the provisions ofSectionl6(b)hereof
End of Exhibit 4
Exhibit 5
Not Used.
SAPC Commercial Lease 11-11-2014 Version 1.0—Amdended for Community Solar Host and Operator Agreement by SunLight General Capital
Exhibit 6
Not Used.
SAPC Commercial Lease 11-11-2014 Version 1.0—Amdended for Community Solar Host and Operator Agreement by SunLight General Capital
• Exhibit 7
RFP Insurance Requirement for Provider(or if applicable can be met by its subcontractors)
A. Commercial general liability insurance in limit not less than$1,000,000 for any one person per
occurrence, $1,000,000 per occurrence for personal injury liability, $5,000,000 general aggregate(applied per
job) and$2,000,000 products and completed operations aggregate written for a period of three years beyond
final payment. Commercial general liability insurance shall also include broad form property damage liability
and broad form contractual liability.
B. Minimum additional $1,000,000 umbrella for excess liability coverage with terms and
conditions that are at least as broad as the underlying liability policies and for concurrent terms with the
underlying commercial general liability insurance.
C. Professional liability insurance covering errors and omissions, $1,000,000 each occurrence
and $2,000,000 aggregate limit.
D. Commercial automobile liability with limits of not less than$1,000,000 for any one person and
$5,000,000 for bodily injury including death, and $1,000,000 for property damage covering: a) all owned
vehicles,b)hired cars and trucks and c) all other non-owned vehicles. Personal automobile liability coverage
will be acceptable in lieu of commercial automobile coverage only if the vehicle used at the job site is not
commercially insured. Limits for personal auto must be at least$1,000,000 property damage per accident with
an endorsement that the policy covers business related use with an additional $1,000,000 personal umbrella
policy.
E. Worker's Compensation coverage as required by New York State Workers'Compensation
Law §57 or proof of respondent not being required to secure same.
F. Disability Benefits Insurance if/as required by New York State Workers'
Compensation Law §220, or proof of respondent not being required to secure same.
G. A certificate of insurance shall be provided naming the Town as an additional insured on
all policies required herein.
SAPC Commercial Lease 11-11-2014 Version 1.0—Amdended for Community Solar Host and Operator Agreement by SunLight General Capital
Exhibit 8
Provided in the table below are daily penalties,based on the timing of any Scheduled Outage,should Host keep the System offline for
more than 48 hours in accordance with Section 8(f)hereof. These penalties reflect the cost of keeping 100%of the System shut down;
penalties for partial outages will be calculated pro rata.
Month Payment per day($)
January $172.53
February $247.94
March $331.62
April $420.47
May $456.93
June $485.43
July $486.59
August $431.56
September $361.77
October $263.08
November $187.78
December $148.37
SAPC Commercial Lease 11-11-2014 Version 1.0—Amdended for Community Solar Host and Operator Agreement by SunLight General Capital