HomeMy WebLinkAbout2025_09_17 Town Board Meeting Packet w
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FOUNDED 1661
Town of Mamaroneck
Town Board Agenda
Wednesday, September 17, 2025
All Work Sessions and Regular Meetings are open to the public.
Page
5:00 PM THE TOWN BOARD WORK SESSION
The Work Session will convene in Conference Room A located on the
Second Floor at the Town Center.
WORK SESSION ITEMS
1. Discussion - Proposed "Elimination of Renewals for One Type of Special 4 - 12
Permit" Law
Proposed Local Law - "Elimination of Renewals for One Type of Special
Permit" - Pdf
2. Discussion - Proposed "Amendment to Certain Dimensional 13 - 20
Requirements in the R-A Zoning District" Law
Proposed "Amendment to Certain Dimensional Requirements in the R-A
Zoning District" Law - Pdf
3. Discussion - Waiver of Building Fees for REALM Monument 21
Waiver of Building Permit Fees for REALM Monument - Pdf
4. Discussion - M13 Grant Award - EV Charging Stations 22 - 56
M13 Grant Award for EV Charging Stations - Pdf
5. Discussion - Complete Streets Agreement & Resolution for Roundabout 57 - 59
Project
Complete Streets Agreement & Resolution for Roundabout Project - Pdf
6. Discussion - Cable Franchise Agreement - Cablevision of Southern 60 - 96
Westchester, Inc.
Cable Franchise Agreement - Cablevision of Southern Westchester, Inc. - Pdf
7. Discussion - 2026 Budget 97
Budget Discussion
8. Request for Executive Session
9. Updates
10. Changes to Regular Meeting Agenda
8:00 PM TOWN BOARD REGULAR MEETING
The Town Board meeting will convene in the Courtroom Located on the second
floor of the Town Center. The public may also view the meeting on local
Page 1 of 229
municipal access television — now on Optimum 1300/1305/1310 or Verizon Fios
34/35/36 -- or on LMC Media's website at LMCMedia.org.
CALL TO ORDER
SUPERVISOR'S REPORT
PUBLIC HEARING(S)
1. Public Hearing - "Waiver of Fees for Renewing Variances or Site Plan 98 - 101
Approvals or Wetland Permits" Law
2025-09-10 PH Site plan and wetlands renewal fee waiver
2025-7-18- Local Law 6 26 CHANGES ACCEPTED
2. Public Hearing - Proposed Amendment to "Use of Non-Gasoline 102 - 109
Powered Leaf Blowers" Law
2025-09-10 PH Leaf Blower Non Gas Year Round
2025-8-15- LL- allow electric blowers yr round
Environmental Assessment Forms 9.12.25
RESIDENT COMMENTS
STAFF COMMENTS/ PRESENTATIONS
BOARD OF FIRE COMMISSIONERS
1. Call to Order
2. Fire Claims 9-17-25 110 - 112
Fire Claims 9-17-2025 - Pdf
3. Fire Report
4. Consideration of - Amendment to Resolution for Authorization for Sale of 113
Fire Truck
Amendment to Resolution - Authorization for Sale of Fire Truck - Pdf
5. Consideration of - Resolution Designating Special Fire District Election 114 - 115
Personnel
Consideration of Approval - Resolution Designating Special Fire District
Election Personnel - Pdf
6. Consideration to - Set Time and Place of Meeting of Election Inspectors 116
Setting Time and Place of Meeting of Election Inspectors - Pdf
7. Other Fire Department Business
AFFAIRS OF THE TOWN OF MAMARONECK
1. Consideration to Set a Public Hearing - Proposed "Elimination of 117 - 125
Renewals for One Type of Special Permit" Law
Proposed Local Law - "Elimination of Renewals for One Type of Special
Permit" - Pdf
2. Consideration of - Proposed "Amendment to Certain Dimensional 126 - 133
Requirements in the R-A Zoning District" Law
Proposed "Amendment to Certain Dimensional Requirements in the R-A
Zoning District" Law - Pdf
3. Consideration of - Waiver of Building Fees for REALM Monument 134
Page 2 of 229
Waiver of Building Permit Fees for REALM Monument - Pdf
4. Consideration of - Updated 2025 Town of Mamaroneck Fee Schedule 135 - 154
2025 Town of Mamaroneck Fee Schedule - Pdf
A250 Fee Schedule 2025 09-17-2025
5. Consideration of - M13 Grant Award - EV Charging Stations 155 - 189
M13 Grant Award for EV Charging Stations - Pdf
6. Consideration of - Complete Streets Agreement & Resolution for 190 - 192
Roundabout Project
Complete Streets Agreement & Resolution for Roundabout Project - Pdf
7. Consideration to Set A Public Hearing - Cable Franchise Agreement - 193 - 229
Cablevision of Southern Westchester, Inc.
Cable Franchise Agreement - Cablevision of Southern Westchester, Inc. - Pdf
REPORTS OF MINUTES
REPORTS OF THE COUNCIL
TOWN CLERK'S REPORT
TOWN ATTORNEY'S REPORT
ADJOURNMENT
REGULARLY SCHEDULED MEETING - October 8, 2025
Any physically handicapped person needing special assistance in order
to attend the meeting should contact the Town Administrator's office at
381-7810.
Page 3 of 229
61' 47,
m Town of Mamaroneck
Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Proposed Local Law - "Elimination of Renewals for One Type of Special
Permit"
Date: September 17, 2025
Enclosed please find a memo from Town Attorney, Bill Maker, and comments from the Planning
Board regarding the proposed local Law - "Elimination of Renewals for One Type of Special Permit."
We are requesting the following action by the Town Board.
Action Requested:
RESOLVED, that the Town Board hereby sets a public hearing for proposed local law
"Elimination of Renewals for One Type of Special Permit" for October 8, 2025.
Attachment/s:
2025-9-12-Mx to TB tr PB comments on LL
2025-6-20-Mx to TB tr proposed LL and LL
Page 4 of 229
o �' Town of Mamaroneck
m County of Westchester
rourrpo sss,x 740 West Boston Post Road, Mamaroneck,NY 10543-3353
COUNSEL TEL: 914 /381-7815
FAX: 914/381-7809
WMakerJr@TownofMamaroneckNY.gov
MEMORANDUM
To: Members of the Town Board
cc: Meredith S. Robson,Town Administrator
Allison May,Town Clerk
From: William Maker,Jr.,Attorney for the Town
Subject: Elimination of Renewals for one type of Special Permit
Date: September 12, 2025
At its September 3rd meeting, the Town Board resolved to refer the attached proposed
local law to the Planning Board. for a report as required by Mamaroneck Town Code§240-92B.If
adopted, the law will amend section 240-64 of the Code to eliminate the need to renew special
permits issued for the construction of multifamily dwellings in the Service Business-Residential
District. (Section 240-4 of the Code defines a multifamily dwelling as "[a] building or portion
thereof containing three or more dwelling units").
On September 11th,the Planning Board's counsel sent an email reporting that the Planning
Board unanimously endorsed the proposed local law (see attached email from Lisa Hochman
dated 9/11/25).
The Town Board may now set a public hearing for a discussion of the proposed local law.
Page 5 of 229
Outlook
PB Report and Recommendation on Proposed LL to Eliminate Renewals of Special Permits for
Multifamily Dwellings
From Lisa Hochman <Iisahochmanlaw@gmail.com>
Date Thu 9/11/2025 4:56 PM
To Maker Jr.,William <WMakerJr@townofmamaroneckny.gov>;William Maker <wmaker@mfd-law.com>
Cc Jami Sheeky <1Sheeky@townofmamaroneckny.gov>; Carol Murray <CMurray@townofmamaroneckny.gov>,
Aitchison, Elizabeth <EAitchison@townofmamaroneckny.gov>;Anthony Oliveri <aoliveri@aiengineers.com>;
Ralph <engelesq@gmail.com>; Ira Block <irahblock@gmail.com>;James Carroll <carrollj92@gmail.com>;
Elizabeth Cooney <elcoone@yahoo.com>; Edmund Papazian <Ed.Papazian@libertymutual.com>; Ron Mandel
<ronmandel@gmail.com>; Nichinsky, Robin <RNichinsky@townofmamaroneckny.gov>
Bill,
This message is in response to your memo to the Planning Board dated September 5, 2025 regarding a
proposed amendment to the zoning ordinance.
As counsel to and on behalf of the Planning Board, I hereby report that at the September 10th,regular
meeting of the Planning Board,members unanimously expressed support for the proposed law entitled
"Elimination of Renewals of Special Permits for Multifamily Dwellings."
Planning Board members agreed that there should be equivalent treatment for multifamily dwellings in
the Service Business-Residential(SB-R) District and the Business-Residential (B-R) District. Planning
Board members further agreed that, to the extent that a special use permit is required for multifamily
dwellings, the need to have that permit renewed or extended periodically should be eliminated.
Although it is not contemplated in the proposed local law, Planning Board members expressed that
multifamily dwellings should be considered the same type of use in both the B-R and SB-R Districts.
Stated another way, multifamily dwellings should either be principally permitted uses in both zoning
districts or specially permitted uses in both zoning districts.
This concludes the Planning Board's report and recommendation on the proposed local law
entitled"Elimination of Renewals of Special Permits for Multifamily Dwellings."
Sincerely,
/s/Lisa Hochman, Counsel to Town of Mamaroneck Planning Board
Page 6 of 229
Local Law No. -2025
This local law shall be known as the "Elimination of Renewals of Special Permits for Multifamily
Dwellings"law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1—Purpose:
Under the Town's zoning ordinance, the Service Business-Residential District allows multifamily
dwellings only pursuant to a special permit issued by the Planning Board. In contrast, the
Business-Residential District allows multifamily dwellings as of right but requires an applicant to
obtain site plan approval. Thus,permission from the Planning Board for a multifamily dwelling is
required for properties in each of these districts.
Where the disparity in procedure becomes problematic is section 240-64 of the zoning ordinance.
That section limits the maximum duration of special permits to two years at which time they must
be renewed. Approved site plans, on the other hand, do not have to be renewed.
While periodic review of certain uses may be appropriate as a means of judging their effect upon
the community, multifamily dwellings are not such a use. If it were, the Town would have made
multifamily dwellings in the Business-Residential District a special use, requiring a special permit
that periodically would have to be renewed instead of allowing it to be regulated by the Planning
Board only once through site plan review.
This local law eliminates that disparity by ending the requirement to renew special permits for
multifamily dwellings in the Service Business-Residential District.
Section 2—Amendment of a current section of the Mamaroneck Code:
Section 240-64 of the Code of the Town of Mamaroneck hereby is repealed, and the following is
substituted in its place:
§240-64 Conditions and safeguards.
The Planning Board shall attach such conditions and safeguards to the special permit as are
necessary to ensure continued conformity with all applicable standards and requirements. Except
in the case of multifamily dwellings, special permits shall be issued for a period of no more than
two years. Before the expiration of a special permit, the holder of that permit must apply for an
extension of the special permit and demonstrate that there has been no change in circumstances in
the area which would require the Planning Board to deny such extension. Special permits for
multifamily dwellings, whether issued before, on or after the effective date of this local law, shall
be for an indefinite duration.
Page 7 of 229
Section 3—Severabili° :
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4—Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
July 18,2025
2
Page 8 of 229
v
o fF Town of Mamaroneck
t ' ` m County of Westchester
740 West Boston Post Road, Mamaroneck,NY 10543-3353
FOUNDED 1651
COUNSEL TEL: 914 /381-7815
FAX: 914/ 381-7809
WMakerJr@TownofMamaroneckNY.org
MEMORANDUM
To: Members of the Town Board
cc: Meredith S.Robson, Town Administrator
Allison May, Town Clerk
From: William Maker,Jr., Attorney for the Town
Subject: Elimination of the requirement to renew special permits for multifamily housing
Date: June 20,2025
In accordance with the Town Board discussion at its June 18th meeting, I prepared the
attached proposed local law that,if enacted,will remove the requirement that special permits for
multifamily housing be renewed.
The proposed law revises section 240-64 (copy also attached).
The proposed local law would amend the zoning ordinance. Therefore,if the Town Board
considers it worthy of consideration, section 240-92B of the Mamaroneck Code requires that this
proposed law be referred to the Planning Board so that the Planning Board can have a chance to
opine.
Page 9 of 229
Local Law No. -2025
This local law shall be known as the "Elimination of Renewals of Special Permits for Multifamily
Housing" law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 —PuF_L�ose:
Under the Town's zoning ordinance, the Service Business-Residential District allows multifamily
housing only pursuant to a special permit issued by the Planning Board. In contrast, the Business-
Residential District allows multifamily housing as of right. Proposed multifamily housing in the
Business-Residential District goes through site plan review by the Planning Board instead. Thus,
permission from the Planning Board for multifamily housing is required for properties in each of
these districts.
Where the disparity in procedure becomes problematic is section 240-64 of the zoning ordinance.
That section limits the maximum duration of special permits to two years at which time they are
subject to renewal. While periodic review of certain uses may be appropriate as a means of
judging their effect upon the community, multifamily housing does not fall into that category, as
demonstrated by the fact that periodic review of site plans for multifamily housing is not
mandated for such housing in the Business-Residential District.
This local law eliminates that disparity by ending the requirement to renew special permits for
multifamily housing in the Service Business-Residential District.
Section 2—Amendment of a current section of the Mamaroneck Code:
Section 240-64 of the Code of the Town of Mamaroneck hereby is repealed, and the following is
substituted in its place:
§240-64 Conditions and safeguards.
The Planning Board shall attach such conditions and safeguards to the special permit as are
necessary to ensure continued conformity with all applicable standards and requirements. Except
in the case of multifamily housing, special permits shall be issued for a period of no more than
two years. Before the expiration of a special permit, the holder of that permit must apply for an
extension of the special permit and demonstrate that there has been no change in circumstances in
the area which would require the Planning Board to deny such extension. Renewal of a special
permit for the development of multifamily housing that was issued prior to the effective date of
this local law shall not be required. Special permits issued for multifamily housing on or after the
effective date of this local law shall be for an indefinite duration.
Page 10 of 229
Section 3—Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4—Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
June 20,2025
2
Page 11 of 229
§ 240-64 Conditions and safeguards.
[Amended 12-19-1984 by L.L. No. 10-1984]
The Planning Board shall attach such conditions and safeguards to the special permit as are
necessary to assure the continual conformance with all applicable standards and requirements. All
special permits shall be issued for a period of no more than two years, and, upon the expiration of
the two-year period, the applicant must apply for an extension of the special permit and
demonstrate that there has been no change in circumstances in the area which would require the
Planning Board to deny such extension.
Page 12 of 229
0
ul rrl Town of Mamaroneck
Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Proposed "Amendment to Certain Dimensional Requirements in the R-A
Zoning District" Law
Date: October 8, 2025
Attached please find a memo from Town Attorney, William Maker, for a proposed local law
regarding a zoning amendment for attached properties on Elkan Road.
Action Requested:
Resolved that the Town Board hereby refers the proposed "Amendment to Certain
Dimensional Requirements in the R-A Zoning District" Law" to the Planning Board
for its review and report.
Attachment/s:
2025-9-12-Mx to TB w LL
Page 13 of 229
0 - o Town of Mamaroneck
z
rcr County of Westchester
FOUNDED 1661. 740 West Boston Post Road, Mamaroneck, NY 10543-3353
COUNSEL TEL: 914/381-7815
FAX: 914/381-7809
WMakerJr@TownofMamaroneckNY.org
MEMORANDUM
To: Members of the Town Board
cc: Meredith S. Robson,Town Administrator
From: William Maker,Jr.,Attorney for the Town
Subject: Zoning amendment for Elkan Road
Date: September 12, 2025
With this memorandum I include a depiction of Elkan Park taken from the Town's maps,
a 1947 deed from the Larchmont Veterans' Building Corporation to individuals named
Aufderheide and a proposed local law.
The Larchmont Veterans' Building Corporation developed Elkan Park with a series of
attached buildings, each containing a number of dwelling units. It was built to address the post-
World War II housing shortage. When built, each individual building satisfied the side yard
setback requirements of the zoning ordinance.
In 1947, the Corporation began transferring title to the individual dwelling units within
each building. Each dwelling unit became its own individual building lot(see e.g. the deed to the
Aufderheides who acquired the unit that stands on Lot 10 of the Elkan Park subdivision. Lot 10
is known today as 4 Elkan Road). As a result, the interior units,i. e. units attached to other units
on each side,had no side yards and therefore no longer conformed to the zoning ordinance.
Under the zoning ordinance, nonconforming structures cannot be enlarged or expanded
without obtaining a variance. Even if a proposed extension to the front or rear of a fully attached
unit meets the dimensional requirements for front or rear yards, the owner still must obtain a
variance because of the unit's nonconforming status. Because of the unique situation posed by
Elkan Park, the Board of Appeals, barring some other issue, routinely grants such variances.
Thus, at times the agenda of the Board of Appeals is cluttered with applications for variances for
construction that but for the nonconforming nature of the unit would be permitted without
having to obtain a variance. This law would eliminate the need for fully attached Elkan Park
properties to obtain variances for otherwise zoning compliant construction.
Page 14 of 229
To: Members of the Town Board
cc: Meredith S. Robson, Town Administrator
From: William Maker,Jr.,Attorney for the Town
Subject: Zoning amendment for Elkan Road
Date: September 15, 2025
The proposed law also increases lot coverage from 25%to 35%. The Building Inspector is
asking for this change so that the lot coverage for the R-A: Attached Residence District will be
brought in line with the lot coverage rules for the other residential districts in the Town.
If the Town Board considers this law worthy of public discussion, it should refer the
proposal to the Planning Board. for a report as required by Mamaroneck Town Code §240-92B.
(I
September 12,2025
Page 15 of 229
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i':�,_=_ THIS INDENTURE,
• `.,,DOCUMENTARY- betll'CCn -
• - i • ninetccn hUnclt'wl And f orty—seven ,
�§' LA;;I:, :
•' LARCH1d0NT VETERANS' BUILDING CORPORATION
5 of the State of New York, having its principal -
1 �- _ , >a corporation organized under the laws t
- 4I�'r r ,I place of business at Apartment 124-B, Larchmont Acres Apartments, ) _ -`
- ( Larchmont, New York, ) -
party of the first part.
; and GEORGE W. AUFDERHEIDE,JR.eandeHELENkiy. AUFDERHEIDE, his wife, .-'
t 1 residing at 5 Sunset Road, Rye, Y -
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, parties of the second part: c
WIT'NESSETH, that the party of the first part.in consideration of dollars,
TEN ($10.00) ..
i ood and valuable considerations paid
lawful money of the United States, find Other grant and release unto the parties of the second part,
be the part ies of the second part, does hereby :
and assigns forever,
,II their heirs of land, and
with the -
It ALL that certain lot, niece or parcel `
inithenTs ano iMamaroneck, Countyvements nofrWestchesteraand State ofdNew being
in the Town of M
York, shown and designated as lot number 10 on a certain map en-
_ -.�
ftitled' "Map of Elkan Park, Property of Larchmont Veterans'' Bu1'1'ding
Corporation,-rTown; of:�)yamaroneck,,r,Westchester, County,.•N•Y.."I.mde n,
- r,byt,A. J. Foote, Civil Engineer and Surveyor and filed in the office
;( �c r �s:.
of the County Clerk of llestc-,ester County, Divisions of hand-Records
r tinber'b250: a., `'- f .af q
s''on"➢ecember '27 t1946'''asllivsap N Qr[r,; ,011. �° , .
• hicle
Together with an easement to pass and repass by footanandsconduitsd
also the right-to lay, erect and maintain pipes, wires utilities of
in and 'over Elkan Road for the purpose of having =
gas, water,premises, which ewer and easementandephone right shallable not berexclusive
described pr ,
•
Together with and bjGlerk'"saofeasementl contained
8th ,in instrument re-
!, corded in said
County
Liber 4497 page 152 of deeds.
•
I Together with a right to connect with, lay and maintain sewer, water
and gas pipes in a strip of land five feet wide runningaalonng gtthety-
e
i division line of lots 11 and 12, a distance of app
rox1 ; • five feet from Elkan road.
n
ment
Subject to CouetynClerk's restrictions
Februarycontained
14,i1947sinuLiberr4491d
ed in said County ;�--• -
• - f of deeds, page 343. - =.
14 Subject to the rights of the Westchester Lighting Company and the
i i New York Telephone Company contained in instrumentsrecordea in 4498 of said
I I deeds, pagek469oandce inon Liberch 14th 4498 of deeds, in page 472, respectively
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I together-Kith the appurtenances'.and all the estate arid•rights or. the tarty of the hrst part m and to said •
1 premises:. , , ,T.; - ` f. ICS .
I -,--,.TO-HAVE AND•TO HOLD the'premises herein granted unto the part?es. •of the,-secoiid part,
II tY eiTi;Ileirs' - •' -i1• - t f •l'•'•'lt t ' '•'t-and ye
assigns'forer.
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a ( •AND the party of.the first part covenants as follows:
'.-- ! ,FIRST.—That the party of the first part is seized of the said premises in fee simple,and has good rightito
e = - ! II convey the same;; ; _ _ f I
I I • t it -J
_ I t
I ----Stcosn.—That-the-part- e I-
s-of-the-second-part-shall-quietly-enjoy-the said-premises --—-�-^} - - ..__
4. •% =-' ' - i Totrn.—That the said premises arc free from iacutnbrancea except as aforesaid,
- FouRrit.—That the party of the first part will execute or'procure an}'.further necessary assurance of the -
-i I 1 It F.:.
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i' 'title to said premises; • ;j
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Flt-rit.—That the party of the first part will•forever warrant the.title�to said premises; ._r-:,..-
¢ SIXTo.—That, in compliance with Section 13 of',the Lien Lau ,it will.receive the,_consideration-for this _
Lt i (conveyance alld will hold the rig--
i ht tU receive sod]consideration as:a oust Lund,to be applied;frst toe the,purpose _ -
1 li•e C c?
of paying.the cost of the improvement and that it wilt.app't the same first to the payment of the cost of the
- l i %
jj improvement before using any part of the total of tthe ame for any other purpose- i' l n r -•-°• .
I • jN WITNESS WHEREOF; the party of the :•'.' part has caused its corpur.tt__V., to E:e hereunto
1 Mt. • Fv t ti ..
. I ! af$xed,'and these presents. to be signed by i4 dui authtinzed officer �, the day and rear first above v.ntten. ♦.
I - • • LARCHl ONT TERANS' BUILDING I ING CORPORATION • -
i Bp = / ` : .
resident
�1 • '""e,,rllr•
. _
- .1 =i ..�_ .
' s• �; .II_- STATE.OF 'EW._ -ORI:-4__
I COUNTY OFINESTCHESTE?
;:• ''='p..I I 11 On the 18th day of March , one thousand nine hundred and forty-seven , "
• - it before me calve JOHN C. I'ERRITT ,to me known,who,being by me duly sworn,did depose • - _
li
and say that he resides at LarChmont Acre s • inLarchmont,N.Y.
I
'i that he the President of LARCFihO1NT VETERANS' $UZLDZiQG .`
- - I; CORPOhATI ON I the col port;ion described in, and which executed, the foregoing . - -
' I(, inarunlent;that he know;the seal of said corporation; that the seal affixed to said instrument is such corporate
•
•.�-r'.. - 1'I seal-that it was su aI cii by order of the L'oard of Directors of said corporation,and that he signed _ . . _• -
h' � ..� I h i S name eher-mu by like order. . ") .' • 1
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I.. II- �_ !-7/i�b,r i �,�1 �'..t tnuu._ .,
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- I tOTAItY►it&LIC in rha 5ivt•of M4►Y .•`s
1 Aiywintai far WOfikhog*.t.unly
;
The foregoing instrument seas endorsed for record as follows: The property affected by this instrument is
- - situate in the TO'hN OF MAMARONECK
. _ County of Westchester,N.Y. A true copy of the original DEED• - - -
E RECORDED Mar• 20, 19l.7 at 11:f1.9 A•b'f• at regnest of 1EI GRAN & NECARSULMER •= -
_ rFF: g 3. 00 No. • 6679 ROBERT J.FIELD,County Clerk.
.Page 1�8-'fif 229
Local Law No. -2025
This local law shall be known as the "Amendment to Certain Dimensional Requirements in the R-
A Zoning District" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 -Purpose:
The Larchmont Veterans' Building Corporation developed Elkan Park with a series of
attached buildings, each containing a number of dwelling units. It was built to address the post-
World War II housing shortage. When built, each individual building satisfied the side yard
setback requirements of the zoning ordinance.
In 1947, the Corporation began transferring title to the individual dwelling units within
each building. Each dwelling unit became its own individual building lot. Units attached to other
units on each side no longer had any side yards and became nonconforming.
Under the zoning ordinance, nonconforming structures cannot be enlarged or expanded
without obtaining a variance. Even if a proposed extension to the front or rear of any completely
attached unit meets the dimensional requirements for front or rear yards, the owner still must
obtain a variance because of the unit's nonconforming status. Because of the unique situation
posed by Elkan Park, the Board of Appeals, barring some other problem, has granted such
variances. Thus, the agenda of the Board of Appeals can be cluttered with applications for
variances for construction that but for the nonconforming nature of the unit would be permitted
as-of-right. This law would eliminate the need for properties in Elkan Park, whose side walls are
attached to adjoining units on each side, from having to obtain a variance for expansions that
otherwise satisfy the zoning ordinance.
The proposed law also increases the maximum lot coverage from 25%to 35%. [WHY?]
Section 2-Amendment of a current section of the Mamaroneck Code:
Section 240-4 of the Code of the Town of Mamaroneck hereby is amended by adding a new
definition to be placed within that section in its proper alphabetical position:
LOT LINE, INTERIOR
A lot line or lines on a parcel in the R-A: Attached Residence District that is improved with
a party wall that separates the lot from an abutting lot.
Page 19 of 229
Section 3-Amendment of a current section of the Mamaroneck Code:
Section 240-42 of the Code of the Town of Mamaroneck hereby is amended by deleting paragraph
A. (3) and substituting the following in its place:
(3) Maximum coverage of lot:35%.
Section 4-Amendment of a current section of the Mamaroneck Code:
Section 240-42 of the Code of the Town of Mamaroneck hereby is amended by deleting paragraph
B. (2) and substituting the following in its place:
(2) Minimum side yards.
(a) For a lot with only one interior lot line:One at least: 25 feet.
(b) For a lot with only one interior lot line:Total of two at least:25 feet.
(c) For a lot with two interior lot lines:0 feet
(d) An unattached accessory building not over one story or 15 feet in height and
located on the rear one-third (1/3) of the lot may be placed at a minimum
distance of five feet from the property line. On a corner lot, such accessory
building shall not be located nearer to the street line than the required
minimum front yard setback for the zoning district.
Section 5-Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 6-Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
September 12, 2025
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Page 20 of 229
c
m Town of Mamaroneck
Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Waiver of Building Fees for REALM Monument
Date: September 17, 2025
The REALM Monument project has been discussed a number of times with the Board, as you well
know. It is now time for construction plans to be submitted and reviewed by the Town. This
monument will be placed on Town Center property and ultimately maintained by the Town.
I offer the following resolution to the Town Board which authorizes the Building Department to
waive all building permit fees for this project as it is in the best interest of the community and
constitutes an appropriate action in recognition of the public benefit provided.
Action Requested:
Whereas the REALM Monument will serve an important public purpose in the best
interest of the community;
and
Whereas, upon satisfactory completion, the Town will assume ownership of the REALM
Monument,
RESOLVED that the Town Board hereby authorizes the Building Department to waive
all fees required for the building permits for the construction of the REALM Monument
at the Mamaroneck Town Center.
Page 21 of 229
7
0
ul 1 rrl Town of Mamaroneck
in
# x Town Center
FOUNDED 1661 i 740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Robert P. Wasp, Town Engineer
Re: MI3 Grant Award- EV Charging Stations
Date: September 17, 2025
Attached please find the award letter and IMA for the Westchester County Municipal Infrastructure
Improvement Initiative (MI3) grant which will cover 50% towards the cost of installing 4 Level 2 EV
chargers in Parking Lot A and 4 Level 2 chargers in Parking Lot B.
You may recall the combination of the MI3 program reimbursement and the Con Edison incentives
will result in in net $0 out of pocket cost for the Town. The Town will, however, be responsible for
advancing the payments for the County's share until County reimbursement is received.
Action Requested:
Resolved that the Town Board hereby approves the Intermunicipal Agreement between
the Town of Mamaroneck and Westchester County for the installation of EV chargers as
outlined in the IMA and hereby authorizes the Town Administrator to execute the
agreement and any related documents necessary to carry out its implementation.
Attachment/s:
MI3 Award Letter- Mamaroneck
EV Charging Station IMA (FINAL 6.5.25) mamaroneck updated
Page 22 of 229
WESTC-IC w
COUNTY QJ�**�*- IR�of�
Kenneth W.Jenkins �** '� *
County Executive cw, 4*
Department of Public Works and Transportation AiMMIII " r
I
Hugh J.Greechan,Jr.,P.E.,Commissioner '� CrSr,<I< `O
,9
Gayle M.Katzman,P.E.,First Deputy Commissioner ill S p o R1 '
Hernane De Almeida,P.E.,Deputy Commissioner
Town of Mamaroneck
c/o Robert Wasp
740 W Boston Post Road
Mamaroneck, NY 10543
Re: Municipal Infrastructure Improvement Initiative Application
July 25, 2025
Dear Applicant,
On behalf of Westchester County, I'm absolutely thrilled to officially notify you that your application for
the Municipal Infrastructure Improvement Initiative has been approved! This is a significant step
forward, and we're incredibly excited to partner with you on this vital program.
The Municipal Infrastructure Improvement Initiative (MI3) is designed to accelerate the widespread
availability of electric vehicle (EV) charging infrastructure across our county. By installing EV chargers
in various municipalities, we're not just putting plugs in the ground; we're building a more sustainable,
accessible future for all residents and visitors. This collaboration is about making EV charging truly
convenient and readily available to the public, driving forward our shared commitment to a greener,
healthier environment. Your participation is a crucial piece of this puzzle, and we genuinely view this as
a partnership where our combined efforts will lead to remarkable positive impacts.
To ensure a smooth and efficient process as we finalize our Intermunicipal Agreement (IMA) and
embark on this exciting partnership, we've established a single point of contact for any questions you
may have. While I oversee the broader program, all inquiries should be directed to:
Karen Solon
kgsn@westchestercountyny.gov
914-231-1294
Karen is your dedicated resource for all program-related questions and will be able to get you the
answers you need promptly, drawing on expertise from across the county as required.
To formalize our partnership and get these chargers installed, please follow these instructions carefully
when preparing your documents:
• IMA Commencement Date: When completing the Intermunicipal Agreement (IMA), please do
not fill in the commencement date. Leave this portion blank; we'll handle that on our end.
Michaelian Office Building
148 Martine Avenue,Room 518 the bee-line sys(errr
White Plains,New York 10601 Telephone: (914)995-2547 Fax:(914)995-4479 -,iti
RECYCLE
Page 23 of 229
• Printing and Notarization: Please print the IMA in duplicate (two copies). Both copies must be
signed and notarized by the appropriate parties within your municipality
• Certificate of Authority: Ensure you complete the Certificate of Authority, which formally
confirms the signing authority for your municipality
• Proof of Insurance: Please include proof of insurance with your submission as outlined in the
IMA.
• Original Signatures: It's crucial that both copies of the IMA returned to the County bear original
signatures. We cannot accept photocopies or digital signatures for this purpose
Please mail all signed documents, the completed Certificate of Authority, and proof of insurance to the
following address:
Karen Solon
35 Woods Road
Valhalla, NY 10595
We are incredibly enthusiastic about the impact this program will have. By expanding our EV charging
network, we are actively contributing to cleaner air, reduced carbon emissions, and a more sustainable
transportation future for everyone in Westchester County. Your commitment to this partnership is vital,
and we eagerly anticipate the successful installation and operation of these new charging stations.
Thank you again for joining us in this electrifying endeavor!
Sincerely,
Her ane De Almeid , P.E.
Deputy Commissioner
Page 24 of 229
INTERMUNICIPAL AGREEMENT
THIS AGREEMENT (the "Agreement") made this day of ,
2025 (the "Commencement Date")by and between:
THE COUNTY OF WESTCHESTER, a municipal corporation of the State of
New York, having an office and place of business in the Michaelian Office
Building, 148 Martine Avenue, White Plains,New York 10601 (hereinafter
referred to as the "County")
and
Town of Mamaroneck, a municipal corporation of the State of New York having
an office and principal place of business at 740 W Boston Post Road,
Mamaroneck,NY 10543 (hereinafter referred to as the "Municipality").
RECITALS:
WHEREAS, the County has established a program (the "Program")to encourage
and promote electric vehicle ("EV") charging stations in Westchester County on
municipally-owned property; and
WHEREAS, the Westchester County Board of Legislators adopted a Local Law
and Bond Act No. 2025-242 for capital project BPF39 on July 21, 2025 in the amount of
$5,000,000.00 to finance the Program and authorized the County to enter into inter-
municipal agreements with municipalities set forth in the Local Law to participate in the
Program (the "Participating Municipalities"); and
WHEREAS, the Municipality is the owner of certain real property described in
Schedule "A", which is attached hereto and made a part of this Agreement(individually,
the "Property" and, collectively, the "Property(ies)"), and has filed an application with
the County to participate in the Program; and
WHEREAS, the County wishes to enter into this Agreement with the
Municipality for it to participate in the Program; and
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WHEREAS, through the Program,the County wishes to reimburse the
Municipality for a portion of the costs it incurs to design,purchase and install the EV
charging station(s) and appurtenances thereto on the Property(ies), including the costs for
construction of the infrastructure necessary to install the EV charging station(s), as set
forth in this Agreement(individually, the"Project" and, collectively, the "Project(s)");
and
WHEREAS, Project(s)that qualify for County assistance under this Agreement
are either(1) new EV charging stations project(s) as of the date of execution of this
Agreement, or(2) EV charging station project(s) that are in progress but not substantially
completed as of the date of execution of this Agreement.
NOW,THEREFORE, in consideration of the terms and conditions contained
herein, the parties agree as follows:
ARTICLE I
TERM
Section 1.0. The recitals are hereby incorporated by reference into the body of
this Agreement.
Section 1.1. The term of this Agreement shall commence upon the
Commencement Date and shall be equal to the life of any bonds issued by the County to
fund the Program.
ARTICLE II
EV CHARGING STATION PROJECT(S)
Section 2.1. The Municipality shall provide or contract for all labor,materials
and equipment needed to design,purchase and install the following Project(s) as
described in the scope(s) of work, attached hereto and made a part hereof as Schedule
"B", and in accordance with the terms of this Agreement.
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Parcel ID/Properties on which the Location Name # Charging Stations
charging stations will be installed
1-26-624 Parking Lot A 2 stations
Extension (4 ports)
1-33-840 Parking Lot B 2 stations
(4 ports)
The Municipality shall submit within 90 days of the Commencement Date
construction drawings and specifications (the "Construction Drawings") signed and
sealed by a professional engineer licensed in the State of New York for each Project.
Construction Drawings shall include,but are not limited to, site plans, structural plans,
mechanical plans and electrical plans. The Construction Drawings are to delineate all
existing and proposed conditions and are to be developed in accordance with all
applicable federal, state and local laws, rules, regulations, codes, standards, and
requirements. No construction shall commence until the Construction Drawings are
submitted to the County Commissioner of Public Works and Transportation or his duly
authorized designee (the "Commissioner"). Such Construction Drawings will be deemed
incorporated herein by reference. All work on the Project(s) shall be in conformance
with the Construction Drawings unless otherwise approved by the Commissioner.
The Municipality shall undertake and complete the Project(s) in accordance with
all applicable federal, state and local laws,rules, regulations, codes, standards and
requirements.
The Municipality represents that procurement for the purchase and installation of
the Project(s)will be pursuant to section 103 of the General Municipal Law as applicable.
In no event shall the retention of contractor(s)by the Municipality for Project(s)relieve
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or otherwise discharge the Municipality from its obligations under this Agreement or
create a third party beneficiary relationship between the County and such contractor(s),
and the parties hereto expressly disclaim any intention to create such a relationship.
The design,purchase, and installation of the Project(s)will be carried on
continuously, diligently and with dispatch to final completion, and said construction will
be completed within 12 months of execution hereof unless extended with the written
consent of the Commissioner.
Section 2.2. Approved budgets showing the total cost to design, purchase and
install the Project(s) are set forth in Schedule "C", which is attached hereto and made a
part hereof(the "Budget(s)").
In exchange for the Property(ies) and the Project(s)thereon being open and
accessible to all County residents, the County agrees to finance a portion of the Budget(s)
in a total amount not to exceed ONE HUNDRED FORTY THREE THOUSAND,
THREE HUNDRED THIRTY ONE DOLLARS AND FIFTY-SEVEN CENTS
($143,331.57) DOLLARS (the "Funds"), payable following submission of invoices by
the Municipality according to the terms set forth in this Agreement.
The Commissioner, in his/her sole discretion, may approve in writing an
amendment to the scopes of work(s), Budget(s) and/or the not to exceed Funds amount,
provided, however, the aggregate amount payable under this Agreement and under the
agreements entered into between the County and all other Participating Municipalities
under the Program shall not exceed$5,000,000.00.
For purposes of this Agreement, the term "County Contribution" means an
amount up to fifty percent(50%) of the total cost of the Project(s) as set forth in the
Budget(s), subject to the following conditions, limitations and reductions:
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(1)the fifty percent(50%)will be reduced if the Municipality receives funding
from any other sources for the Project(s), such as incentives from Con Edison, or
other incentives, rebates or grants. By way of example,if the total cost of a
Project is $200,000.00, then the County Contribution will be the following:
(i) If the Municipality receives $100,000.00 in funding from other
sources,the County Contribution will be $100,000.00.
(ii) If the Municipality receives $110,000.00 in funding from other
sources, the County Contribution will be reduced to $90,000.00.
(iii) If the Municipality receives $80,000.00 in funding from other sources,
the County Contribution will be $100,000.00, and the Municipality shall
be responsible for$20,000.00.
(2)the fifty percent(50%) shall only reimburse for the cost of work performed:
(i) on the Property(ies), or
(ii) on public right of ways to access electricity for the Project(s)from
power lines that are situated within public right of ways. The
Municipality shall be responsible for obtaining prior written approval from
the utility companies to access the public right of ways and power source.
(3)the fifty percent(50%) shall only reimburse for costs in the Budget(s)that
come within the terms of this Agreement provided the Municipality is in compliance with
the terms of the Agreement and in no event shall the total amount of the County
Contribution exceed the not to exceed amount for the Funds set forth in above.
The Municipality shall be responsible for the total amount of the Budget for each
Project, less the reimbursement by the County of the County Contribution, and should the
total cost of any Project exceed its Budget amount,the Municipality shall be solely
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responsible for any such additional amount and remaining costs and expenses for the
Project(collectively,the "Municipality Contribution").
The Municipality is solely responsible for any over expenditure or improper
expenditure relating to the Projects, and the County assumes no responsibility for any
over expenditure or improper expenditure.
Except as otherwise expressly stated in this Agreement, no payment shall be made
by the County for out of pocket expenses or disbursements made in connection with the
design,purchase and installation the Project(s).
The Funds to be paid with the proceeds of County bond proceeds will be paid in
accordance with the payment provisions set forth in this Agreement.
The County will make payment of the Funds to the Municipality to reimburse the
Municipality for costs in the Budget(s)that it incurs in accordance with the terms of this
Agreement up to the amount of the County Contribution.
The County in its sole discretion may make an advance payment of up to one-half
of the County Contribution for each Project upon submission of an invoice from the
Municipality as set forth herein. Such advance payment shall be expended by the
Municipality solely and exclusively to pay for the costs permitted as a County
Contribution. As work progresses, the Municipality shall submit to the County receipts
and other documentation satisfactory to the Commissioner showing use of the advance
payment by the Municipality to pay for the costs permitted under this Agreement.
Should a Project fail to be fully constructed and installed in accordance with the terms of
this Agreement, the Municipality shall repay such advance payment to the County, or the
County shall have the right to deduct such amount from any payment due the
Municipality under any other contract entered into or subsequently entered into between
the County and the Municipality. Upon the Project(s) being fully constructed and
operational to the satisfaction of the Commissioner, the County shall pay the
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Municipality the remaining amount of the County Contribution (or the full amount of the
County Contribution if no advance payment was made)to reimburse the Municipality for
the costs incurred that constitute County Contribution costs upon it submitting an invoice
as set forth herein.
The Municipality shall submit all requests for payment with an invoice, which
shall be uniquely numbered, and paid only after submission of all requested
documentation concerning the Project or costs and approval of the invoice by the
Commissioner. The Municipality shall use best efforts to provide sufficient detail on the
invoices and backup documentation to substantiate the basis of the costs permitted as a
County Contribution. In no event shall final payment be made to the Municipality for a
Project prior to the successful completion of the Project and the approval of same by the
Commissioner.
The County will not be liable for any costs in excess of the County Contribution.
The County will not be liable for any costs or expenses for the Project(s)paid by the
Municipality prior to the execution of this Agreement.
The Municipality will promptly pay all agent(s), contractor(s) and
subcontractor(s) for work performed in connection with the design,purchase and
installation of the Project(s). In the event the cost to design,purchase and install the
Project(s) exceeds the Budget amount for the Project, the Municipality shall be solely
liable to pay said excess.
Funds shall be used to pay for costs permitted as a County Contribution incurred
by the Municipality solely and exclusively for the Project(s) in accordance with the terms
of this Agreement.
Prior to the making of any payments hereunder,the County, may, at its option,
audit such books and records of the Municipality as are reasonably pertinent to this
Agreement to substantiate the basis for payment. The Municipality will, and will require
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any agent(s), contractor(s) and sub-contractor(s), to make their books and records
available to the County for audit and inspection at reasonable times and upon reasonable
notice. The County will not be restricted from withholding payment for cause found in
the course of such audit or because of failure of the Municipality to cooperate or cause
cooperation of any agent(s), contractor(s) and sub-contractor(s)with such audit. The
County will, in addition, have the right to audit such books and records for a term of not
less than seven (7)years subsequent to payment, noting that such records shall be
retained for said period in accordance with State law.
At the County's request, the Municipality shall certify, or provide an audited
report from a Certified Public Accountant in which the auditor certifies, that the County
Contribution was spent in compliance with the Agreement and did not replace funds
previously provided to the Municipality from another source, nor contributed to any
surplus.
In the event an audit reflects overpayment by the County or that monies were not
fully expended or that monies were improperly expensed,then the Municipality shall
reimburse to the County the amount of such overpayment, underpayment or improper
payment within 30 days of notice from the County.
Payments hereunder to the Municipality by the County will operate to release the
County from any and all obligations or liabilities to the Municipality and its respective
agent(s), contractor(s) and sub-contractor(s) in connection herewith. Notwithstanding the
foregoing, the County expressly disclaims the existence of any third party beneficiary
relationship between the County and any such agent(s), contractor(s) and sub-
contractor(s).
Section 2.3. The County shall have the right to enter the Property(ies) and
conduct inspections of the Project(s). The County will take all necessary safety
precautions in doing so and will conduct such inspections in such a way as to minimize
any interference with the activities contemplated hereunder.
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ARTICLE III
LEASE OF PROPERTY
Section 3.0. Subject to the terms and conditions of Article II, and in order to
facilitate the issuance of County bonds and/or notes to finance the County Contribution,
the Municipality hereby grants to the County a lease permitting the County to use and
occupy the Property(ies) and Project(s). It is also recognized and understood that the
County's sole responsibility shall be to provide an amount not to exceed the amount of
the County Contribution and the Municipality shall assume all other responsibilities for
all other costs and expenses related to the Project(s) and the Propert(ies).
Section 3.1. It is recognized and understood that the purpose of the lease
described in Section 3.0 hereof is to give the County the necessary interest in the real
property to be able to issue County bonds or notes to finance the County Contribution,
and to ensure that the County and its residents shall receive a continuing benefit from the
Project(s), and the County shall have no responsibilities, duties or liabilities to the
Municipality or any third parties under the lease other than to provide funding as set forth
in Section 2.2 above.
Section 3.2. The consideration for this lease shall be that the Municipality shall
ensure that the Property(ies) and EV Charging Station Project(s) are open and accessible
to all residents of the County.
Section 3.3. After execution of this Agreement, the Municipality shall be solely
responsible for any and all other responsibilities, duties and liabilities related to the
Property(ies) and Project(s), other than what the County has specifically committed to in
Section 2.2 above. Nothing herein shall be construed to prevent the Municipality from
seeking liability protection from third parties, such as from its contractors,but the County
shall have no duty to look to any third party for contractual defense and indemnity as
defined hereunder.
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ARTICLE IV
RIGHTS AND RESPONSIBILITIES OF THE MUNICIPALITY
Section 4.0. In addition to, and not in limitation of the insurance requirements
contained in Schedule "D" entitled"Standard Insurance Provisions", attached hereto and
made a part hereof, the Municipality agrees that except for the amount, if any, of damage
contributed to, caused by or resulting from the sole negligence or intentional or willful
misconduct of the County, its elected officials, officers, employees and agents:
(a)the Municipality shall indemnify and hold harmless the County,its elected
officials, officers, employees and agents from and against any and all liability, damage,
claims, demands, costs,judgments, fees, attorneys' fees or loss arising directly or
indirectly out of the Project(s), the Property(ies), this Agreement, or the acts or omissions
hereunder by the Municipality or third parties under the direction or control of the
Municipality; and
(b)to provide defense for and defend, at its sole expense, any and all claims,
demands or causes of action brought against the Indemnities (defined in Section 4.0(c)
below) arising directly or indirectly out of the Project(s),the Property(ies) or this
Agreement and to bear all other costs and expenses related thereto; and
(c) the Municipality shall defend, indemnify and hold harmless the County, its
officials, officers, employees and agents (the "Indemnitees") from and against, any and
all liability, damage, claims, demands, costs,judgments, fees, attorney's fees or loss, that
may be imposed upon or incurred by or asserted against any of the Indemnities by reason
of any of the following:
(i) Work. Any construction, installation, repair, alteration, addition,
replacement, restoration or other work done by or on behalf of
Municipality in, on or about the Project(s) or Property(ies) or any
part thereof;
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(ii) Use. The use, occupation, condition, operation,maintenance,
management or supervision of or providing security for all or any
portion of the Project(s) or Property(ies), by or on behalf of the
Municipality;
(iii) Act or Failure to Act of Municipality. Any act performed by, or
any failure to perform any act required to be performed by the
Municipality, a third party under its direction or control, or any of
the Municipality's officers, agents, contractors, subcontractors,
servants, employees, or invitees in connection with this
Agreement, the Project(s) or the Property(ies);
(iv) Accidents, Injury to Person or Property. Any accident, injury,
(including death at any time resulting therefrom) or damage to any
person, including, without limitation, employees of the
Municipality or any Indemnitee unless arising from the negligent,
intentional or willful conduct of an Indemnitee, or property
occurring in, on, or about the Property(ies) or any part thereof, or
adjoining or adjacent thereto;
(v) Breach of Municipality's Obligation. Any failure or refusal on the
part of the Municipality to perform its obligations pursuant to this
Agreement; or
(vi) Municipality's Obligations. The Municipality's failure, within any
applicable grace period, to perform or comply with any of the
covenants, terms or conditions contained in this Agreement on the
Municipality's part to be kept, observed,performed or complied
with within any applicable grace period.
(vii) Breach of Representation or Warranties. Any material
misrepresentation or material omission in any representations,
warranties or covenants provided by the Municipality under this
Agreement.
The Municipality shall promptly notify the County in writing of any claims made
or any suits instituted against the Municipality of which it has knowledge arising from its
performances hereunder or in connection with this Agreement or in connection with the
Project(s) or the Property(ies).
In the event the Municipality does not provide the above defense and
indemnification to the County, and such refusal or denial to provide the above defense
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and indemnification is found to be in breach of this Agreement, then the Municipality
shall reimburse the County's reasonably attorney's fees incurred in connection with the
defense of any action, and in connection with enforcing this Section of the Agreement.
The Municipality may provide proof of self-insurance in lieu of an insurance
policy pursuant to Schedule"D". Any proof of self-insurance shall be subject to the
approval of the County Director of Risk Management.
Section 4.1. The Municipality shall be responsible for the operation,
management, maintenance and security of the Property(ies) and Project(s),including, but
not limited to, all software and hardware services, networks, data management, customer
support and operational services (collectively, "Management Agreements")to support the
operation of the Project(s), at the Municipality's sole cost and expense, for the term of
this Agreement. The Project(s) shall be operated as electric vehicle charging stations and
shall be available to all County residents for the term of this Agreement.
To the extent any fees are charged by the Municipality either directly or through a
Management Agreement, for the use of the Project(s) or Property(ies), the fees charged to
non-residents of the Municipality shall not exceed the fees charged to the Municipality's
residents. All Management Agreements shall comply with the Tax Covenants set forth in
Article VII of this Agreement.
Section 4.2. The Municipality shall, at its sole cost and expense, continuously
throughout the term of this Agreement, provide reasonable and adequate security and
safety for the Project(s) and Property(ies)through the Municipality's police depaitiuent
or other agency designated to provide such police services.
Section 4.3. The Municipality shall, at its sole cost and expense, operate,
manage, maintain, repair and properly supervise the Project(s) and Property(ies), it being
understood and agreed that such operation, management, maintenance, repair and
supervision shall be performed by the Municipality to the satisfaction of the
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Commissioner. The Municipality shall defend and indemnify the County from any
liability that may arise from any failure of the Municipality to perform its obligations
under this Subsection.
Section 4.4. Following the installation of each Project, the Project shall be
available to all residents of the County as required by this Agreement.
Section 4.5. The Municipality shall, at its own cost and expense,promptly
comply with all statutes, ordinances, rules, orders,regulations, codes and requirements of
the federal, state, County and local governments and all insurance requirements
applicable to the Project(s) and Property(ies) or any part thereof or applicable to this
Agreement. After construction of a Project is completed, the Commissioner shall be
entitled to enter the Property, or any part thereof, at any and all times for any and all
purposes, without the need to obtain the consent or permission of the Municipality.
Section 4.6. All advertising and signage to be utilized by the Municipality in
connection with the operation of the Property(ies) shall be subject to the prior written
approval of the Commissioner and shall be provided in advance for review. The
Municipality shall acknowledge the County's contribution towards each Project on any
signs erected at the Property(ies) for the Project(s) and on any other publications,
documents, etc. mentioning the Project(s).
Section 4.7. In the event the Municipality does not comply with a provision in
this Article,the County shall have the right to cure such noncompliance upon thirty (30)
days' notice from the County to the Municipality, except in emergencies when such
notice period in the County's sole and unreviewable judgment shall be shorter. The cost
to cure such noncompliance shall be borne by the Municipality. The failure of the
Municipality to reimburse the County for the cost to cure such compliance within thirty
(30) days of a written notice demanding such reimbursement shall be deemed a material
breach of this Agreement.
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Section 4.8. After completion of installation of the Project(s), the Municipality
shall not install any fixtures or make any additions, development, improvements or
alterations to the Project(s), other than routine maintenance or repair, without the prior
written consent of the Commissioner, which shall not be unreasonably withheld. Any
such additions, development, improvements or alterations shall be made at the
Municipality's sole cost and expense unless otherwise agreed to by the County and the
Municipality. The Municipality shall submit all plans and specifications for all such
additions, development, improvements and alteration to the Commissioner for approval.
All such additions, development, improvements and alteration shall be completed in a
thoroughly workmanlike manner and shall immediately become annexed to and be made
a part of the Property.
Section 4.9. It is understood and agreed to between the parties that the
Property(ies) are to be used during the term of this Agreement for the use and benefit of
the County residents as EV charging station(s) as set forth in this Agreement.
Section 4.10. Except for the amount of funding to be advanced or reimbursed by
the County under Section 2.2 above, the Municipality shall be responsible for all costs in
relation to the Project(s), Property(ies) and this entire Agreement, and, under no
circumstances or conditions, whether now existing or hereafter arising, or whether
beyond the present contemplation of the parties, shall the County be expected or required
to make any payment of any kind whatsoever or be under any other obligation or liability
hereunder except as herein otherwise expressly set forth.
Section 4.11. The Municipality shall pay any and all taxes, assessments, special
assessments,personal property and intangible taxes, gross receipts, sales,use or
occupancy taxes,water and sewer charges, rates and rents, charges for public utilities,
excises, levies, license and permit fees and other charges, general and special, ordinary
and extraordinary, foreseen and unforeseen, of any kind and nature whatsoever, arising
from the use or ownership of the Project(s) or the Property(ies)which shall or may be
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assessed levied, charged, confirmed or imposed upon or become payable out of or
become a lien on the Property(ies) or any part thereof.
Section 4.12. The Municipality represents that is has complied with the
requirements of the State Environmental Quality Review Act, and its implementing
regulations, 6 NYCRR Part 617, ("SEQRA") with regard to the Project(s), including
conducting coordinated review with the County as an involved agency unless otherwise
directed by the County.
Section 4.13. The provisions of this Article IV shall survive termination or
expiration of this Agreement.
ARTICLE V
RESPONSIBILITIES OF THE COUNTY
Section 5.0. The County shall have no responsibility for anything other than that
set forth in Section 2.2 above.
ARTICLE VI
REPRESENTATIONS OF THE MUNICIPALITY
Section 6.1. The Municipality represents and warrants as follows:
(a) The design, supervision and workmanship furnished by the Municipality with
respect to the installation of the Project(s)will be in accordance with sounds and
currently accepted scientific standards and best engineering practices;
(b) It will use its best efforts to assure and shall require in any contract
documents with its contractors and subcontractors that all materials, equipment and
workmanship furnished by contractors and subcontractor of the Municipality in
performance of the work or any portion thereof shall be free of defects in design,material
and workmanship, and all such materials and equipment shall be of first-class quality,
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shall conform with all applicable codes, specifications, standards and ordinances and
shall have service lives and maintenance characteristics suitable for their intended
purposes in accordance with sound and currently accepted scientific standards and best
engineering practices;
(c) To the best of the Municipality's current knowledge and information the
Budget(s) attached hereto and forming a part hereof as Schedule"C"lists the anticipated
true and correct costs for the Project(s);
(d) The consummation of the transactions contemplated by this Agreement and
the performance of the Municipality's obligations hereunder will not result in any breach
of or constitute a default under other instruments or documents to which the Municipality
is a party or by which it may be bounds or affect; and
(e) It is the fee title holder of the Property(ies).
ARTICLE VII
TAX COVENANTS
Section 7.0. Tax Covenants. For so long as any federally tax-exempt County
bonds issued to finance the Project(s)remain outstanding, the Municipality covenants as
follows (as used in this section, the term "bonds" shall also include short-term notes):
(a) The Municipality shall at all times do and perform all acts and things
necessary or appropriate under any current and valid provision of law, and that are within
the Municipality's control, in order to assure, in the opinion of the County's bond
counsel, that the interest on County bonds shall not be included in the gross income of the
owners of the County bonds for federal income tax purposes under the Internal Revenue
Code of 1986, as amended(the "Code"). The Municipality will take no action to cause
the interest on the County bonds to be included in the gross income of the owners of the
County bonds for federal income tax purposes under the Code.
(b) The Municipality shall not use or permit any use of the Project(s)
purchased or installed with the proceeds of any County bonds, which, in the opinion of
the County's bond counsel, would cause the County bonds to be or become "private
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activity bonds"within the meaning of Section 141 of the Code, and the Municipality
hereby covenants that it shall not permit any individual or entity other than the County,
the Municipality or any other unit or instrumentality of a State or local government acting
through its officers and employees ("Non-Governmental Person") to "use directly or
indirectly in a trade or business carried on by such person" (within the meaning of
Section 141 of the Code), any portion of the Project(s)without the prior written consent
of the County.
(c) The Municipality will, and will require any agent(s), contractor(s) and
sub-contractor(s), to cooperate with the County in providing documentation,
certifications or other reasonably required information to support the conclusion that such
bonds and/or notes meet the requirements of federal tax-exemption.
(d) The provisions of this Article VII shall survive the expiration or
termination of this Agreement.
Section 7.1. Tax Compliance Procedures. In order to implement compliance
with the tax covenants of Section 7.0 hereof, the County and the Municipality agree as
follows:
(a) County Consent Regarding Management Agreements.
(i) Procedure. The Municipality shall not enter into any agreement for
Private Business Use (as defined in Section 141 (b)(6) of the Code), including but not
limited to any Management Agreement,for the Project(s)unless the Municipality first
requests in writing the County's consent to such activity and the County so consents in
writing.
(ii) Indemnification. The Municipality shall indemnify and hold the
County harmless from any loss, cost, damage or expense arising from or connected with a
claim of loss of the tax-exempt status of interest on the County's bonds as a result of the
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use of the Project(s), including Management Agreements, to which the County has not
consented pursuant to this Subsection 7.1(a).
(b) Certification by Municipality of Tax Compliance.
(i) Annual Certification. At the request of the County, the Chief
Executive Officer of the Municipality shall provide the County with a certification in the
form acceptable to the County that the Municipality's Management Agreement(s), if any,
are in compliance with the Code, regulations of the Treasury Department and
pronouncements of the Internal Revenue Service.
(ii) Indemnification; Inability to Provide Certifications. The Municipality
agrees to indemnify and hold the County harmless from and against any loss, cost or
expense arising from or connected with any claim of loss of the tax-exempt status of
interest on the County bonds as a result of(A) any material misrepresentation or material
omission in a certification provided by the Municipality pursuant to this section or(B)
notification by the Municipality that it is unable to provide the certification required by
this subsection. The Municipality shall promptly notify the County of any inability to
provide any certification required by this subsection and of the reason therefore and the
Municipality further agrees expeditiously to provide to the County all information
pertinent to its inability to provide such certification.
ARTICLE VIII
NOTICES
Section 8.0. All notices of any nature referred to in this Agreement shall be in
writing and either sent by registered or certified mail postage pre-paid, or sent by hand or
overnight courier, to the respective addresses set forth below or to such other addresses as
the respective parties hereto may designate in writing. Notice shall be effective on the
date of receipt.
To the County:
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Commissioner of Public Works and Transportation
County of Westchester
148 Martine Avenue, Room 528
White Plains,New York 10601
with a copy to:
County Attorney
148 Martine Avenue, Room 600
White Plains,New York 10601
To the Municipality:
Town of Mamaroneck
740 W Boston Post Road
Mamaroneck,NY 10543
ARTICLE IX
MISCELLANEOUS
Section 9.0. Any purported delegation of duties or assignment of rights by either
party to this Agreement without the prior express written consent of the other party is
void.
Section 9.1. In the event that the Municipality materially defaults in the
performance of any term, condition or covenant herein contained, the County, at its
option and in addition to any other remedy it may have to seek damages,judicial
enforcement or any other lawful remedy, may terminate this Agreement upon ninety (90)
days notice to the Municipality; provided,however, that the Municipality may defeat
such notice by curing the default complained of within such notice period, or, if any such
default is not curable within such notice period by promptly commencing to cure the
default and diligently pursuing all necessary and appropriate action to effect such cure.
This provision shall not affect the termination provision found in Section 4.7 of this
Agreement. In the event this Agreement is terminated, the Municipality shall have one
hundred eighty (180) days from the effective termination date to pay the County, as
liquidated damages, the full amount paid by the County pursuant to this Agreement.
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Section 9.2. It is mutually understood and agreed that the terms, covenants,
conditions and agreements herein contained shall be binding upon the parties hereto and
upon their respective successors, legal representatives and assigns. Nothing in this
Agreement shall act to confer third-party beneficiary rights on any person or entity not a
party to this Agreement.
Section 9.3. This Agreement and its attachments constitute the entire agreement
between the parties hereto with respect to the subject matter hereof and shall supersede
all previous negotiations, commitments and writings. This Agreement shall not be
released, discharged, changed or modified except by an instrument in writing signed by a
duly authorized representative of each of the parties, and approved by the Office of the
County Attorney.
Section 9.4. It is recognized and understood that the Municipality is not an agent
of the County and in accordance with such status, the Municipality, its consultant(s), its
contractor(s), its subcontractor(s), and their respective officers, agents, employees,
representatives and servants shall at all times during the term of this Agreement neither
hold themselves out as, nor claim to be acting in the capacity of officers, employees,
agents, representatives or servants of the County,nor make any claim, demand or
application for any right or privilege applicable to the County, including without
limitation, rights or privileges derived from workers compensation coverage,
unemployment insurance benefits, social security coverage and retirement membership or
credit.
Section 9.5. This Agreement shall not be enforceable until signed by both parties
and approved by the Office of the County Attorney.
Section 9.6. In the event that any one or more provisions, sections, subsections,
clauses or words of this Agreement are for any reason held to be illegal or invalid, such
illegality or invalidity shall not affect any other provision of this Agreement, but this
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Agreement shall be construed and enforced as if such illegal or invalid section,
subsection, clause or word has not been contained herein.
Section 9.7. The Municipality agrees to observe and obey any and all federal,
state and local laws, rules, regulations, and requirements, and to require its officers,
agents, employees, contractors, and suppliers to observe and obey the same.
Section 9.8. This Agreement shall be deemed executory only to the extent of
funds appropriated and made available for the purpose of this Agreement and no liability
on account thereof shall be incurred by the County beyond the amount of such
appropriated funds.
Section 9.9. All covenants, stipulations,promises, agreements and obligations of
the Municipality and the County contained herein shall be deemed to be stipulations,
promises, agreements and obligations of the Municipality and the County and not of any
member, officer or employee of the Municipality or the County in his individual capacity
and no recourse shall be had for any obligation or liability herein or any claim based
thereon against any member, officer or employee of the Municipality or the County or
any natural person executing this Agreement.
Section 9.10. The parties each agree to execute and deliver such further
instruments and to obtain such additional authority as may be required to carry out the
intent and purpose of this Agreement.
Section 9.11. This Agreement may be executed in two or more counterparts and
all counterparts so executed shall for all purposes constitute one agreement binding upon
all the parties hereto.
Section 9.12. Failure of any party to insist upon strict performance of any term,
condition or covenant of this Agreement shall not be deemed to constitute a waiver or
relinquishment of such term, condition or covenant for the future right to insist upon and
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to enforce by injunction or by other legal or appropriate remedy strict compliance by any
other party with such term, condition or covenant.
Section 9.13. Pursuant to Section 308.01 of the Laws of Westchester County, it is
the goal of the County to use its best efforts to encourage, promote and increase the
participation of business enterprises owned and controlled by persons of color or women
in contracts and projects funded by all depaitinents of the County. Under this Agreement
it is recognized and understood that the County encourages the Municipality to do
similarly.
Section 9.14. In the event that all or any part of the Property(ies) shall be taken
in a condemnation proceeding, or by right of eminent domain, or by agreement by any
governmental authority authorized to exercise such rights, then, and in any such event,
any such condemnation proceeds payable to the County for its interest in the
Property(ies) shall be distributed to the County.
Section 9.15. The Municipality represents that it has all requisite power and
authority to execute, deliver and perform this Agreement, and this Agreement has been
duly authorized by all necessary parties. The County represents that this Agreement has
been approved by the Board of Legislators of the County of Westchester on the 21st day
of July, 2025 by Local Law No. 2025-241.
Section 9.16. The headings in this Agreement are for reference purposes only
and shall not be used in construing the terms of this Agreement.
[Remainder of page intentionally left blank]
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IN WITNESS WHEREOF,the County and the Municipality have caused this
Agreement to be executed.
THE COUNTY OF WESTCHESTER
By
Hugh J Greechan, Jr. PE
Commissioner of Department of Public Works and
Transportation
THE MUNICIPALITY
By
(Name and title)
Authorized by Local Law No. 2025-241 adopted by the Board of Legislators of the
County of Westchester on the 21st day of July, 2025.
Approved:
Associate County Attorney
County of Westchester
S/Noe/DPW/EV Charging Station IMA
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MUNICIPALITY'S ACKNOWLEDGEMENT
STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER)
On the day of in the year 2025 before me, the undersigned, a
Notary Public in and for said State,personally appeared
, personally
known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose
name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed, the instrument.
Notary Public County
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CERTIFICATE OF AUTHORITY
(Municipality)
(Officer other than officer signing contract)
certify that I am the of the
(Title)
(Name of Municipality)
(the "Municipality") a corporation duly organized in good standing under the
(Law under which organized, e.g., the New York Village Law, Town Law, General
Municipal Law)
named in the foregoing agreement that
(Person executing agreement)
who signed said agreement on behalf of the Municipality was, at the time of execution
of the Municipality,
(Title of such person),
that said agreement was duly signed for on behalf of said Municipality by authority of its
(Town Board, Village Board, City Council)
thereunto duly authorized, and that such authority is in full force and effect at the date
hereof.
(Signature)
STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER)
On the day of in the year 2025 before me, the undersigned,
a Notary Public in and for said State,personally appeared
,personally
known to me or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s)is (are) subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed, the instrument.
Notary Public County
Page 49 of 229
SCHEDULE „A-
(LIST OF PROPERTY(IES))
Parcel ID/Properties on which the Location Name
charging stations will be installed
1-26-624 Parking Lot A
Extension
1-33-840 Parking Lot B
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SCHEDULE „B"
SCOPE(S) OF WORK FOR EV CHARGING STATION PROJECT(S)
• Design and engineering.
o Project design and specification of charging equipment.
o Engineering drawings.
• Permitting and inspections with authority having jursidiction (AHJ).
• Management and submission of incentive paperwork.
• Supply of and installation of charging hardware.
o (2) ChargePoint CP6021, SOA 12kW, Dual Port Pedestal Mounted.
o (2) ChargePoint Concrete Mounting Kit.
• Construction and Project Management.
o Project plan at time of kick off outlining task and project schedule, key
personnel, scope, etc.
[pre project site visit upon request).
o Daily virtual check ins with the on-site subcontractor, including video
call and photo sharing.
o Weekly progress reports (daily upon request) with a two week look
out plan/schedule.
o Virtual punch list meeting with customer and
subcontractor (post project site visit upon request).
• Electrical Infrastructure As per INF/Enginer of Record Drawings:
EVSE One Line Diagram E-2 dated 04/18/2024.
o Install 400A Trans-S Switch to feed 400A Panel to feed (4) dual port
CP6000
• Supply and installation of miscellaneous items.
o (6) Bollards.
o (4) EV signage kits.
o (4) Striping and Stenciling.
• Startup and commissioning of new system.
• Coordination with electric utility as needed.
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SCHEDULE C
BUDGET(S) FOR EV CHARGING STATION PROJECT(S)
Parcel ID/Properties on which the Location Name Budget
charging stations will be installed
1-26-624 Parking Lot A $71,717.72
Extension
1-33-840 Parking Lot B $71,613.85
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SCHEDULE "D"
STANDARD INSURANCE PROVISIONS
(Municipality)
1. Prior to commencing work, and throughout the term of the Agreement, the
Municipality shall obtain at its own cost and expense the required insurance as delineated
below from insurance companies licensed in the State of New York, carrying a Bests
financial rating of A or better. Municipality shall provide evidence of such insurance to
the County of Westchester("County"), either by providing a copy of policies and/or
certificates as may be required and approved by the Director of Risk Management of the
County ("Director"). The policies or certificates thereof shall provide that ten (10) days
prior to cancellation or material change in the policy, notices of same shall be given to
the Director either by overnight mail or personal delivery for all of the following stated
insurance policies. All notices shall name the Municipality and identify the Agreement.
If at any time any of the policies required herein shall be or become
unsatisfactory to the Director, as to form or substance, or if a company issuing any such
policy shall be or become unsatisfactory to the Director, the Municipality shall upon
notice to that effect from the County,promptly obtain a new policy, and submit the
policy or the certificate as requested by the Director to the Office of Risk Management of
the County for approval by the Director. Upon failure of the Municipality to furnish,
deliver and maintain such insurance, the Agreement, at the election of the County,may
be declared suspended, discontinued or terminated.
Failure of the Municipality to take out, maintain, or the taking out or
maintenance of any required insurance, shall not relieve the Municipality from any
liability under the Agreement, nor shall the insurance requirements be construed to
conflict with or otherwise limit the contractual obligations of the Municipality concerning
indemnification.
All property losses shall be made payable to the "County of Westchester" and
adjusted with the appropriate County personnel.
In the event that claims, for which the County may be liable, in excess of
the insured amounts provided herein are filed by reason of Municipality's negligent acts
or omissions under the Agreement or by virtue of the provisions of the labor law or other
statute or any other reason, the amount of excess of such claims or any portion thereof,
may be withheld from payment due or to become due the Municipality until such time as
the Municipality shall furnish such additional security covering such claims in form
satisfactory to the Director.
In the event of any loss, if the Municipality maintains broader coverage
and/or higher limits than the minimums identified herein, the County shall be entitled to
the broader coverage and/or higher limits maintained by the Municipality. Any available
insurance proceeds in excess of the specified minimum limits of insurance and coverage
shall be available to the County.
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2 The Municipality shall provide proof of the following coverage (if
additional coverage is required for a specific agreement, those requirements will be
described in the Agreement):
a) Workers' Compensation and Employer's Liability. Certificate form C-105.2 or
State Fund Insurance Company form U-26.3 is required for proof of compliance
with the New York State Workers' Compensation Law. State Workers'
Compensation Board form DB-120.1 is required for proof of compliance with the
New York State Disability Benefits Law. Location of operation shall be "All
locations in Westchester County,New York."
Where an applicant claims to not be required to carry either a Workers'
Compensation Policy or Disability Benefits Policy, or both, the employer must
complete NYS form CE-200, available to download at: http://www.wcb.ny.gov.
If the employer is self-insured for Workers' Compensation, he/she should present
a certificate from the New York State Worker's Compensation Board evidencing
that fact(Either SI-12, Certificate of Workers' Compensation Self-Insurance, or
GSI-1052, Certificate of Participation in Workers' Compensation Group Self-
Insurance).
b) Commercial General Liability Insurance with a combined single limit of
$1,000,000 (c.s.1)per occurrence and a$2,000,000 aggregate limit naming the
"County of Westchester" as an additional insured, as its interest may appear, on a
primary and non-contributory basis. This insurance shall include the following
coverages:
i. Premises - Operations.
ii. Broad Form Contractual.
iii. Independent Contractor and Sub-Contractor.
iv. Products and Completed Operations.
c) Commercial Umbrella/Excess Insurance: $2,000,000 each Occurrence and
Aggregate naming the "County of Westchester" as additional insured, as its
interest may appear, written on a"follow the form"basis.
NOTE: Additional insured status shall be provided by standard or other
endorsement that extends coverage to the County of Westchester for both on-
going and completed operations.
d) Automobile Liability Insurance with a minimum limit of liability per occurrence
of$1,000,000 for bodily injury and a minimum limit of$100,000 per occurrence
for property damage or a combined single limit of$1,000,000 unless otherwise
indicated in the contract specifications. This insurance shall include for bodily
injury and property damage the following coverages and name the"County of
Westchester" as additional insured, as its interest may appear:
(i) Owned automobiles.
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(ii) Hired automobiles.
(iii) Non-owned automobiles.
3. All policies of the Municipality shall be endorsed to contain the following
clauses:
(a) Insurers shall have no right to recovery or subrogation against the
County (including its employees and other agents and agencies), it being the intention of
the parties that the insurance policies so effected shall protect both parties and be primary
coverage for any and all losses covered by the above-described insurance.
(b) The clause "other insurance provisions" in a policy in which the County
is named as an insured, shall not apply to the County.
(c) The insurance companies issuing the policy or policies shall have no
recourse against the County (including its agents and agencies as aforesaid)for payment
of any premiums or for assessments under any form of policy.
(d) Any and all deductibles in the above described insurance policies shall
be assumed by and be for the account of, and at the sole risk of, the Municipality.
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61
m Town of Mamaroneck
Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Complete Streets Agreement& Resolution for Roundabout Project
Date: September 17, 2025
We have been working with our grant writer on an application for funding from Westchester County
for the Roundabout Project. Please find attached two resolutions which will demonstrate both the
Town's financial commitment to the Roundabout Project and its commitment to intermunicipal
collaboration with Westchester County and adjacent communities.
Passage of these resolutions is a required component of the Westchester County Complete Streets
Municipal Assistance Program application and ensures that the project has the necessary matching
funds, authorization, and regional support to proceed.
Rob Wasp will be joining us to review the history of the project and answer questions.
Action Requested:
Resolved that the Town Board hereby approves the Complete Streets Project Grant
Application and both resolutions as presented thereby confirming the Town's financial
commitment and commitment to intermunicipal collaboration as it pertains to the "Town
Safety and Economic Renaissance" Roundabout Project.
Attachment/s:
Resolutions WC Complete Streets for Roundabout 09 17 2025
Page 57 of 229
RESOLUTION #
RESOLUTION DEMONSTRATING FINANCIAL COMMITMENT TO THE
PROPOSED WESTCHESTER COUNTY COMPLETE STREETS PROJECT AND
AUTHORIZATION TO EXECUTE A GRANT AGREEMENT
WHEREAS, the Town of Mamaroneck is requesting grant funding through the Westchester
County Complete Streets Municipal Assistance Program to support the "Town Safety and
Economic Renaissance" Roundabout Project, which aims to address longstanding safety issues,
harmful vehicle emissions, and resiliency challenges at the intersection of Madison Avenue,New
Jefferson Street, and the I-95 Exit 17 ramp; and,
WHEREAS, the Town determined a total project cost of$5,333,000 based on a cost estimate
prepared for the project; and,
WHEREAS, the Town received funding in the amount of$2,000,000, or 37% of the total project
cost, through FY2024 Community Project Funding,which is allocated under the Transportation,
Housing and Urban Development, and Related Agencies (THUD) spending bill; and,
WHEREAS, the Town is seeking $2,666,500, or 50% of the total project cost, through the
Westchester County Complete Streets Municipal Assistance Program; and,
WHEREAS,the Town will provide the remaining balance of$666,500, or that which is not
covered by grant funds, through municipal funds.
THEREFORE,BE IT RESOLVED that this resolution, adopted by the Town Board of the
Town of Mamaroneck on the 17rd of September 2025, demonstrates financial commitment to
this project by combining the federal funding from the US Department of Transportation and the
THUD spending bill with county funding through the Westchester County Complete Streets
Municipal Assistance Program.
BE IT FURTHER RESOLVED that as Town Administrator, Meredith S. Robson, or her
successor, is hereby authorized by the Town Board to execute grant documents, including the
grant agreement, and any related documents necessary to carry out its implementation.
Certified on this 17rd day of September 2025.
Allison May, Town Clerk
Page 58 of 229
RESOLUTION #
RESOLUTION DEMONSTRATING THE TOWN OF MAMARONECK'S
COMMITMENT TO WORKING WITH WESTCHESTER COUNTY AND OTHER
MUNICIPALITIES WITHIN THE PROJECT AREA
WHEREAS, the Town of Mamaroneck is located within Westchester County and includes the
entirety of the Village of Larchmont, an unincorporated Area, and a portion of the Village of
Mamaroneck west of the Mamaroneck River bordering Rye Neck; and,
WHEREAS, the Town of Mamaroneck is seeking grant funding through the Westchester County
Complete Streets Municipal Assistance Program to support the "Town Safety and Economic
Renaissance" Roundabout Project, which aims to address longstanding safety issues, harmful
vehicle emissions, and resiliency challenges at the intersection of Madison Avenue,New
Jefferson Street, and the I-95 Exit 17 ramp; and,
WHEREAS, the proposed intersection of Madison Avenue,New Jefferson Street, and the I-95
Exit 17 ramp is located within the Village of Larchmont area of the Town of Mamaroneck and
borders the City of New Rochelle; and,
WHEREAS, the Town participates in intermunicipal planning with the governing body of the
Village of Larchmont and other communities within Westchester County, such as the City of
New Rochelle, as necessary; and,
WHEREAS, the Town is committed to working collaboratively with Westchester County and
other municipalities within the project area to implement a Complete Streets project that
addresses safety issues and other concerns for multi-modal users of municipal roads; and,
THEREFORE,BE IT RESOLVED that this resolution, adopted by the Town Board of the Town
of Mamaroneck on the 17rd of September 2025, confirms the Town's commitment to
intermunicipal collaboration as it pertains to this project and any others to address safety issues
and other concerns for multi-modal users of municipal roads
Certified on this 17rd day of September 2025.
Allison May, Town Clerk
Page 59 of 229
c
m Town of Mamaroneck
Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Cable Franchise Agreement- Cablevision of Southern Westchester, Inc.
Date: September 17, 2025
Attached you will find a proposed cable agreement with Cablevision and summary prepared by our
outside counsel, Gerard Lederer. The NY Public Service Commission is required to review and
approve the agreement.
If you are comfortable with the agreement, you may set the public hearing for October 8th.
Please let me know if you have any questions.
Action Requested:
Resolved that the Town Board hereby sets a public hearing for October 8, 2025 to review
and consider the proposed Cable Franchise Agreement with Cablevision of Southern
Westchester,Inc.
Attachment/s:
Mamaroneck T AUSA Franchise Renewal 9.11.25 w Updated Ex A - Altice Approved-cl
Page 60 of 229
CABLE FRANCHISE AGREEMENT
BY AND BETWEEN
TOWN OF MAMARONECK
AND
CABLEVISION OF SOUTHERN WESTCHESTER, INC.
Town of Mamaroneck
September 11, 2025
Page 61 of 229
TABLE OF CONTENTS
ARTICLE PAGE
1. DEFINITIONS 2
2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS 8
3. PROVISION OF CABLE SERVICE 9
4. SYSTEM FACILITIES 11
5. PEG SERVICES 11
6. FRANCHISE FEES 15
7. REPORTS AND RECORDS 16
8. INSURANCE AND INDEMNIFICATION 18
9. TRANSFER OF FRANCHISE 20
10. RENEWAL OF FRANCHISE 20
11. ENFORCEMENT AND TERMINATION OF FRANCHISE 21
12. MISCELLANEOUS PROVISIONS 24
EXHIBITS
Exhibit A: Municipal Buildings to be Provided Free Cable Service
Exhibit B: Service Area
Exhibit C: PEG Channels
Exhibit D: PEG Access Origination Point
Town of Mamaroneck
September 11, 2025
Page 62 of 229
THIS CABLE FRANCHISE AGREEMENT (the "Franchise" or"Agreement") is entered
into by and between the and Mamaroneck and the Town of Mamaroneck, a validly organized and
existing political subdivision of the State of New York (the "Local Franchising Authority" or
"LFA") and Cablevision of Southern Westchester, Inc., a corporation duly organized under the
applicable laws of the State of New York(the "Franchisee").
WHEREAS, the LFA wishes to grant Franchisee a renewal of its nonexclusive franchise
to construct, install, maintain, extend and operate a cable system in the Franchise Area as
designated in this Franchise;
WHEREAS, the LFA is a "franchising authority" in accordance with Title VI of the
Communications Act, (see 47 U.S.C. §522(10)) and is authorized to grant one or more
nonexclusive cable franchises pursuant to Article 11 of the New York Public Service Law, as
amended, and Title 16, Chapter VIII, Parts 890.60 through 899, of the Official Compilation of
Codes, Rules and Regulations of the State of New York, as amended;
WHEREAS, Franchise's existing Cable System transmits both Cable and Non-Cable
Services, which Non-Cable Services are not subject to the Cable Law or Title VI of the
Communications Act;
WHEREAS, the Cable System occupies the Public Rights-of-Way within the Franchise
Area, and Franchisee desires to use portions of the Cable System to provide Cable Services (as
hereinafter defined)in the Franchise Area;
WHEREAS,the LFA and the Franchisee are entering into this Agreement for the purpose
of setting forth the terms and conditions on which Franchisee shall be entitled to provide Cable
Services in the Franchise Area with the express understanding and agreement that nothing in this
Agreement shall add to or detract from the LFA's police powers, or rights or privileges in
respect of the Public Rights of Way in accordance with Federal, State, and local laws. or (ii) the
Franchisee's rights or privileges in respect of the Cable System in accordance with Federal,
State, and local laws, as each relates to the provision of Non-Cable Services in the Franchise
Area, it being the intent of the parties that this Agreement shall govern only the provision of
Cable Services;
WHEREAS,the LFA has identified the past performance of the Franchisee and the future
cable-related needs and interests of the LFA and its community, has considered and approved the
Franchisee's technical ability, financial condition and character as defined by Title 16, Chapter
VIII,Part 894.6 of the Official Compilation of Codes, Rules and Regulations of the State of New
York, as amended, and has determined that Franchisee is in compliance with its existing
franchise and applicable law and that its Cable System is adequate and feasible in a full public
proceeding affording due process to all parties;
WHEREAS,the LFA has found that Franchisee is and has been in substantial compliance
with all terms and provisions in its existing franchise and applicable law.
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WHEREAS, based on the representations of the Franchisee in the Franchisee's cable
franchise applications, the LFA has found Franchisee to continue to be financially, technically
and legally qualified to operate the Cable System in the Franchise Area;
WHEREAS, the LFA has determined that in accordance with the provisions of the Cable
Law, this Franchise complies with NYSPSC's franchise standards and the grant of a
nonexclusive franchise to Franchisee is consistent with the public interest; and
WHEREAS, the LFA and Franchisee have reached agreement on the terms and
conditions set forth herein and the parties have agreed to be bound by those terms and
conditions.
NOW, THEREFORE, in consideration of each of the LFA's grant of a renewal franchise
to Franchisee, Franchisee's promise to provide Cable Service to residents of the
Franchise/Service Area of the LFA pursuant to and consistent with the Cable Law (as hereinafter
defined), pursuant to the terms and conditions set forth herein, the promises and undertakings
herein, and other good and valuable consideration, the receipt and the adequacy of which are
hereby acknowledged,
THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS:
1. DEFINITIONS
Except as otherwise provided herein, the definitions and word usages set forth in the
Cable Law are incorporated herein and shall apply in this Agreement. In addition, the following
definitions shall apply:
1.1. Access Channel: A video Channel, which Franchisee shall make available to the
LFA without charge for Public, Educational, or Governmental noncommercial use for the
transmission of video programming as directed by the LFA.
1.2. Affiliate: Any Person who, directly or indirectly, owns or controls, is owned or
controlled by, or is under common ownership or control with, the Franchisee.
1.3. Basic Service: The tier of Cable Service which includes the retransmission of
primary local television broadcast signals provided to any Subscriber and, to the extent required
by applicable law, any PEG Channels required by this Franchise, and which may also include
any additional video programming as determined by Franchisee.
1.4. Bundled Service: The offering of Cable Services with any Non-Cable Service
offering for a single, aggregate price.
1.5. Cable Law: Article 11 of the New York Public Service Law, as amended, and
Title 16, Chapter VIII, Parts 890.60 through 899, of the Official Compilation of Codes, Rules
and Regulations of the State of New York, as amended, to the extent authorized under and
consistent with federal law.
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1.6. Cable Service or Cable Services: Shall be defined herein as it is defined under
Section 602 of the Communications Act, 47 U.S.C. § 522(6), as amended.
1.7. Cable System or System: Shall be defined herein as it is defined under Section 602
of the Communications Act, 47 U.S.C. § 522(7), as amended.
1.8. Channel: Shall be defined herein as it is defined under Section 602 of the
Communications Act, 47 U.S.C. § 522(4), as amended.
1.9. Communications Act: The Communications Act of 1934, as amended.
1.10. Control: The ability to exercise de facto or de jure control over day-to-day
policies and operations or the management of Franchisee's affairs.
1.11. Educational Access Channel: An Access Channel designated for noncommercial
use by local public schools and public school districts in the Franchise Area and other not-for-
profit educational institutions chartered or licensed by the New York State Depailment of
Education or Board of Regents in the Franchise Area.
1.12. FCC: The United States Federal Communications Commission, or successor
governmental entity thereto.
1.13. Force Majeure: An event or events reasonably beyond the ability of Franchisee to
anticipate and control that directly or indirectly results in Franchisee's noncompliance with, or
delay in the performance of, any obligation hereunder. This includes, but is not limited to,
severe or unusual weather conditions, strikes, labor disturbances and disputes, war or act of war
(whether an actual declaration of war is made or not), insurrection, riots, act of public enemy,
incidences of terrorism, acts of vandalism, pandemics, actions or inactions of any government
instrumentality or public utility including condemnation, accidents for which the Franchisee is
not primarily responsible, fire, flood, or other acts of God, or work delays resulting from
unaffiliated utility providers' failure to service, monitor or maintain utility poles to which
Franchisee's Cable System is attached, and unavailability of materials and/or qualified labor to
perform the work necessary.
1.14. Franchise Area: The incorporated area (entire existing territorial limits) of the
LFA[s], and such additional areas as may be annexed or acquired.
1.15. Franchisee: Cablevision of Southern Westchester, Inc. and its lawful and
permitted successors, assigns and transferees.
1.16. Government Access Channel: An Access Channel available for the sole
noncommercial use of the LFA.
1.17. Gross Revenue: All revenue, as determined in accordance with generally
accepted accounting principles, which is derived by Franchisee from the operation of the Cable
System to provide Cable Service in the Service Area.
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1.17.1 Gross Revenue includes, without limitation: all Subscriber and customer
revenues earned or accrued net of bad debts including revenue for:
(i) Basic Service;
(ii) all fees charged to any Subscribers for any and all Cable Service provided
by Franchisee over the Cable System in the Service Area, including without limitation, Cable
Service related program guides, the installation, disconnection or reconnection of Cable Service;
revenues from late or delinquent charge fees; Cable Service related or repair calls; the provision
of converters, digital video recorders, remote controls, additional outlets and/or other Cable
Service related Subscriber premises equipment, whether by lease or fee;
(iii) pay-per-view and video on demand Cable Service over the Cable System;
(iv) revenues from the sale or lease of access channel(s) or channel capacity;
and
(v) compensation received by Franchisee that is derived from the operation of
Franchisee's Cable System to provide Cable Service with respect to commissions that are paid to
Franchisee as compensation for promotion or exhibition of any products or services on the Cable
System, such as "home shopping" or a similar channel, subject to the exceptions below. Gross
Revenue includes a pro rata portion of all revenue derived by Franchisee pursuant to
compensation arrangements for advertising derived from the operation of Franchisee's Cable
System to provide Cable Service within the Service Area, subject to the exceptions below. The
allocation of the revenue specified in this subsection shall be based on the number of Subscribers
in the Service Area divided by the total number of subscribers in relation to the relevant local,
regional or national compensation arrangement. Advertising commissions paid to third parties
shall not be netted against advertising revenue included in Gross Revenue; and
(vi) Franchise Fees imposed on Franchisee by the LFA that are passed through
from Franchisee as a line item paid by Subscribers.
Except as provided above, Gross Revenue shall not include:
(i) Revenues received by any Affiliate or other Person in exchange for
supplying goods or services used by Franchisee to provide Cable Service over the Cable System;
(ii) bad debts written off by Franchisee in the normal course of its business
(provided, however, that bad debt recoveries shall be included in Gross Revenue during the
period collected);
(iii) refunds, rebates or discounts made to Subscribers or other third parties; (iv)
except as otherwise provided in Section 1.16, any revenues classified, in whole or in part,
as Non-Cable Services revenue under federal or state law including, without limitation, revenue
received from Telecommunications Services; revenue received from Information Services,
including, without limitation, Internet Access service, electronic mail service, electronic bulletin
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board service, or similar online computer services; charges made to the public for commercial or
cable television that is used for two-way communication; and any other revenues attributed by
Franchisee to Non-Cable Services in accordance with federal law, rules, regulations, standards or
orders. Should revenue from any service provided by Franchisee over the Cable System be
classified as a Cable Service by the Communications Act (as amended from time to time), then
Franchisee shall include revenue from such service as Gross Revenue on a going forward basis
commencing with the next available billing cycle following the effective date of such change in
the Communications Act. Should a final determination or ruling of any agency or court having
jurisdiction, after the exhaustion of all appeals related thereto, classify as a Cable Service any
service provided by the Franchisee over the Cable System, then the LFA shall be entitled, after
notification to Franchisee and without mutual agreement in writing as otherwise required by
Section 12.7, to amend this Agreement in the manner prescribed under applicable state law or
this Franchise to include revenue from the Franchisee's provision of such service as Gross
Revenue, and Franchisee shall include revenue from such service as Gross Revenue on a going
forward basis commencing with the next available billing cycle following the date of the
issuance of an order from the NY PSC approving such amendment;
(v) any revenue of Franchisee or any other Person which is received directly
from the sale of merchandise through any Cable Service distributed over the Cable System,
provided, however, that, any portion of such revenue which represents or can be attributed to a
Subscriber fee or a payment for the use of the Cable System for the sale of such merchandise
shall be included in Gross Revenue;
(vi) the sale of Cable Services on the Cable System for resale in which the
purchaser is required to collect cable Franchise Fees from purchaser's customer;
(vii) the sale of Cable Services to customers, which are exempt, as required or
allowed by the LFA including, without limitation, the provision of Cable Services to public
institutions as required or permitted herein, except to the extent Franchisee actually receives any
revenues from such customers that would otherwise be included in Gross Revenues;
(viii) any tax of general applicability imposed upon Franchisee or upon
Subscribers by a city, state, federal or any other governmental entity and required to be collected
by Franchisee and remitted to the taxing entity (including, but not limited to, sales/use tax, gross
receipts tax, excise tax, utility users tax, public service tax, communication taxes and non-cable
franchise fees);
(ix) any foregone revenue which Franchisee chooses not to receive in
exchange for its provision of free or reduced cost cable or other communications services to any
Person, including without limitation, employees of Franchisee and public institutions or other
institutions designated in the Franchise (provided, however, that such foregone revenue which
Franchisee chooses not to receive in exchange for trades, barters, services or other items of value
shall be included in Gross Revenue);
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(x) sales of capital assets or sales of surplus equipment; program launch fees,
i.e., the reimbursement by programmers to Franchisee of marketing costs incurred by Franchisee
for the introduction of new programming;
(xi) directory or Internet advertising revenue including, but not limited to,
yellow page, white page,banner advertisement and electronic publishing; or
(xii) any fees or charges collected from Subscribers or other third parties for
any PEG grant payments whether they be under Subsection 5.3.2 or Subsection 5.3.4 (including
the Initial PEG Grant and the Annual PEG Grant).
1.18 Information Services: Shall be defined herein as it is defined under Section 3 of
the Communications Act, 47 U.S.C. §153(24), as amended.
1.19 Internet Access: Dial-up or broadband access service that enables Subscribers to
access the Internet.
1.20 Local Franchise Authority (LFA): the Town of Mamaroneck, New York, or any
lawful successors, transferees, or assignees thereof.
1.21 Non-Cable Services: Any service that does not constitute the provision of a Cable
Service pursuant to this Agreement including, but not limited to, Information Services and
Telecommunications Services.
1.22 Normal Business Hours: Those hours during which most similar businesses in the
community are open to serve customers. In all cases, "normal business hours" must include
some evening hours at least one night per week and/or some weekend hours.
1.23 NYSPSC: The New York Public Service Commission.
1.24 PEG: Public, Educational, and Governmental.
1.25 Person: An individual, partnership, association, joint stock company, trust,
corporation, or other legally recognized or governmental entity.
1.26 Public Access Channel: An Access Channel available for noncommercial use
solely by the LFA's residents or by those Persons approved by LFA to administer the Public
Access Channel) in the Franchise Area on a first-come, first-served, nondiscriminatory basis.]
1.27 Public Rights-of-Way: The surface and the area across, in, over, along, upon and
below the surface of the public streets, roads, bridges, sidewalks, lanes, courts, ways, alleys, and
boulevards, including, public utility easements and public lands and waterways used as Public
Rights-of-Way, as the same now or may thereafter exist, which are under the jurisdiction or
control of the LFA. Public Rights-of-Way do not include the airwaves above a right-of-way with
regard to cellular or other nonwire communications or broadcast services.
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1.28 Service Area: All portions of the Franchise Area where Cable Service is being
offered, as described in Exhibit B attached hereto.
1.29 Subscriber: A Person who lawfully receives Cable Service over the Cable System
with Franchisee's express permission.
1.30 Telecommunication Services: Shall be defined herein as it is defined under
Section 3 of the Communications Act, 47 U.S.C. § 153(53), as amended.
1.31 Title VI: Title VI of the Communications Act, Cable Communications, as
amended.
1.32 Transfer of the Franchise:
1.32.1 Any transaction in which:
1.32.1.1 a fifty percent ownership or greater interest in Franchisee is
transferred, directly or indirectly, from one Person or group of Persons to another Person or
group of Persons, so that Control of Franchisee is transferred; or
1.32.1.2 the rights held by Franchisee under the Franchise and the
certificate of confirmation issued therefor by the NYSPSC are transferred or assigned to another
Person or group of Persons
1.32.1.3 However, notwithstanding Sub-subsections 1.32.1.1 and
1.32.1.2 above, a Transfer of the Franchise shall not include transfer of an ownership or other
interest in Franchisee to the parent of Franchisee or to another Affiliate of Franchisee; transfer of
an interest in the Franchise or the rights held by the Franchisee under the Franchise to the parent
of Franchisee or to another Affiliate of Franchisee; any action which is the result of a merger of
the parent of the Franchisee; or any action which is the result of a merger of another Affiliate of
the Franchisee. Franchisee shall notify LFA in writing within sixty (60) business days of any
change in ownership or other interest. The new Franchisee shall not use such change in
ownership or other interest as a basis for challenging the validity of any past non-performance.
1.33 Video Programming: Shall be defined herein as it is defined under Section 602 of
the Communications Act, 47 U.S.C. § 522(20), as amended.
2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS
2.1 Grant of Authority: Subject to the terms and conditions of this Agreement and the
Cable Law, the LFA hereby grants the Franchisee the right to own, construct, operate and
maintain a Cable System in order to provide Cable Service the Public Rights -of-Way and such
other areas within the Franchise Area, where authorized by private or public property owners or
applicable law, if such authorization is necessary. No privilege or power of eminent domain is
bestowed by this grant ; nor is such a privilege or power bestowed by this Agreement. The LFA
acknowledges that Franchisee has provided, and intends to continue to provide, Non-Cable
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Services over the Cable System. Nothing in this Agreement shall be construed to prohibit
Franchisee from providing such Non-Cable Services over the Cable System, nor shall this
Agreement be construed to be a waiver by the LFA of whatever rights they may have to regulate
the use of the Public Rights of Way pursuant to the police power of the LFA.
2.2 The Cable System: Upon delivery of Cable Service, by subjecting Franchisee's
mixed-use facilities to the NYSPSC's minimum franchise standards and the LFA's police power,
the LFA has not been granted broad new authority over the construction, placement and
operation of Franchisee's mixed-use facilities; provided, however, that nothing herein shall be
construed to limit the LFA's existing authority with respect to the Franchisee's mixed use
facilities pursuant to lawful and applicable federal, state or local laws, including any lawful right
to compel relocation of such facilities in the event of road-widenings and other similar
adjustments to the Public-Rights-of-Way, consistent with the NYSPSC rules and regulations and
orders.
2.3 Effective Date and Term: This Franchise shall become effective on the date that
the NYSPSC issues a certificate of confirmation for this Franchise (the "Effective Date"),
following its approval by the LFA's governing authority authorized to grant franchises and its
acceptance by the Franchisee. The term of this Franchise shall be fifteen (15) years from the
Effective Date unless the Franchise is earlier revoked or terminated as provided herein. The
Franchisee shall memorialize the Effective Date by notifying the LFAs in writing of the same,
which notification shall become a part of this Franchise.
2.4 Grant Not Exclusive: The Franchise and the rights granted herein to use and
occupy the Public Rights-of-Way to provide Cable Services shall not be exclusive, and the LFA
reserves the right to grant other franchises for similar uses or for other uses of the Public Rights-
of-Way, or any portions thereof, to any Person, or to make any such use themselves, at any time
during the term of this Franchise. Any such rights which are granted shall not adversely impact
the authority as granted under this Franchise.
2.5 Franchise Subject to Federal and State Law: Notwithstanding any provision to
the contrary herein, this Franchise is subject to and shall be governed by all applicable provisions
of Federal and State law as the same may be amended, including but not limited to the
Communications Act and the Cable Law.
2.6 No Waiver:
2.6.1. The failure of the LFA on one or more occasions to exercise a right under
this Franchise, the Cable Law or other applicable state, federal or local law, or to require
compliance or performance under this Franchise, shall not be deemed to constitute a waiver of
such right or a waiver of compliance or performance of this Agreement, nor shall it excuse
Franchisee from compliance or performance, unless such right or such compliance or
performance has been specifically waived in writing.
2.6.2. The failure of the Franchisee on one or more occasions to exercise a right
under this Franchise, the Cable Law or other applicable state, federal, or local law, or to require
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performance under this Franchise, shall not be deemed to constitute a waiver of such right or a
waiver of performance of this Agreement, nor shall it excuse the LFA from performance, unless
such right or such performance has been specifically waived in writing.
2.7 Construction of Agreement:
2.7.1. The provisions of this Franchise shall be liberally construed to effectuate
their objectives.
2.7.2. Nothing herein shall be construed to limit the scope or applicability of
Section 625 of the Communications Act, 47 U.S.C. § 545, as amended.
2.8 Local Authority: All rights and privileges granted herein are subject to the police
powers of LFA and its rights under applicable laws and regulations to exercise its governmental
powers to their full extent, provided, however, that such laws and regulations are reasonable, not
materially in conflict with the privileges granted in this Franchise, do not restrict or condition the
construction, location, or siting of the System, except for generally applicable permitting
requirements, and are consistent with all federal and state laws, rules, regulations, and orders.
Furthermore, to the extent that the installation, repair and/or maintenance by Franchisee of any
component of the Cable System is lawfully subject to permitting and/or review by the LFA
pursuant to the necessary and reasonable exercise of their police power, such permitting and/or
review shall not be unreasonably denied or delayed, nor shall any fees be required (other than
those necessary to offset the reasonable administrative costs of issuing such permit(s)), for the
right and/or privilege to install, repair, or maintain such component.
2.9. Restoration of Subscriber Premises: The Franchisee shall ensure that the
Subscriber's premises are restored to their pre-existing condition if damaged by the Franchisee's
employees or agents in any respect in connection with the installation, repair, maintenance or
disconnection of Cable Service.
2.10. Restoration of Municipal Property: Any municipal property damaged or destroyed
shall be repaired or replaced by the Franchisee and restored to its pre-existing condition.
3. PROVISION OF CABLE SERVICE
3.1. Service Commitment Area: Franchisee shall continue to offer Cable Service to all
residential subscribers in the Service Area and may make Cable Service available to businesses
in the Service Area, except, in accordance with NYSPSC rules and regulations: (A) for periods
of Force Majeure; (B) for periods of delay caused by the LFA; (C) for periods of delay resulting
from Franchisee's inability to obtain authority to access Rights-Of-Way in the Service Area; (D)
in developments or buildings that are subject to claimed exclusive arrangements with other
providers; (E) in areas, developments, or buildings where Franchisee cannot gain access after
good faith efforts; (F) in areas, developments, or buildings where the provision of Cable Service
is economically infeasible because such provision requires nonstandard facilities which are not
available on a commercially reasonable basis; (G) in areas where the occupied residential
dwelling unit density does not meet the density and other requirements set forth in Sub-
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Subsection 3.1.1 and Section 3.2; and (H) to Subscribers or prospective Subscribers who fail to
abide by the Franchisee's reasonable terms and conditions of service.
3.1.1. Density Requirement: Franchisee shall make Cable Services available to
residential dwelling units requesting Cable Service from Franchisee in all areas of the Service
Area where the average density is equal to or greater than twenty (20) occupied residential
dwelling units per mile as measured in strand footage from the nearest technically feasible point
on the active Cable System trunk or feeder line. Should, through new construction, an area
within the Service Area meet the density requirements after the time stated for providing Cable
Service as set forth in Section 3.1, Franchisee shall provide Cable Service to such area within
twelve (12) months of receiving notice from the LFA that the density requirements have been
met.
3.2. Availability of Cable Service: Franchisee shall make Cable Service available to
all residential dwelling units and may make Cable Service available to businesses within the
Service Area in conformance with Section 3.1, and Franchisee shall not discriminate between or
among any individuals in the availability of Cable Service or based upon the income of the
residents in a local area. In the areas in which Franchisee shall provide Cable Service,
Franchisee shall be required to connect, at Franchisee's expense, other than a standard
installation charge, all residential dwelling units that are within one hundred fifty (150) feet of
trunk or feeder lines not otherwise already served by Franchisee's Cable System. Franchisee
shall be allowed to recover, from a Subscriber that requests such connection, the actual costs
incurred for residential dwelling unit connections that exceed one hundred fifty (150) feet or are
in an area with a density of less than twenty (20) occupied residential dwelling units per mile and
the actual costs incurred to connect any non-residential dwelling unit Subscriber, provided,
however, that Franchisee may seek a waiver of any requirement that it extend service to any
party requesting the same in an area with a density of less than twenty (20) occupied residential
dwelling units per mile if such would not be possible within the limitations of economic
feasibility. For installations where the installation is to be underground, Franchisee has the right
to charge the prospective subscriber in advance Franchisee's actual cost for such an underground
installation. No such cost shall be recoverable unless Franchisee has obtained written
authorization that prospective Subscriber accepts and agrees to pay the Franchisee's cost.
3.2.2.No Discrimination in the Availability of Cable Service: Franchisee shall not
deny access to Cable Service to any group of potential residential Subscribers because of the
income of the residents of the local area in which such group resides.
3.3. Cable Service to Public Buildings: Subject to Section 3.1 and applicable federal
law and FCC rules and regulations, Franchisee shall provide, without charge within the Service
Area, one service outlet activated for Basic Service to each public school, public library, and
such other buildings used for municipal purposes as may be designated by the LFA as provided
in Exhibit A attached hereto, , and to any additional Public facilities requested by the LFA, as
set forth in section 3 below.; provided, however, that if it is necessary to extend Franchisee's
aerial trunk or feeder lines more than one hundred fifty (150) feet solely to provide service to any
such library, school, or public building, the LFA shall have the option either of paying
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Franchisee's direct costs for such aerial extension in excess of one hundred fifty (150) feet, or of
releasing Franchisee from the obligation to provide service to such school or public building.
Furthermore, Franchisee shall be permitted to recover, from any school or public building owner
entitled to free service, the direct cost of installing, when requested to do so, more than one
outlet, or concealed inside wiring, or a service outlet requiring more than one hundred fifty (150)
feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic
Service to the additional service outlets once installed. For underground installations, Franchisee
shall charge the recipient Franchisee's actual cost. Such costs shall be submitted to said recipient
in writing before installation is begun. Cable Service may not be resold or otherwise used in
contravention of Franchisee's rights with third parties respecting programming. Equipment
provided by Franchisee, if any, shall be replaced at retail rates if lost, stolen or damaged.
3.3.1 During the term of the Agreement and upon sixty (60) days' written notice
to Franchisee, the LFA may add additional facilities or relocate current facilities up to a total of
five (5) locations or changes over the life of the Franchisee, for the provision of Cable Service
and equipment based on the terms described in this Section 3.3,provided that each new location
can be served by a Standards Installation and meets the requirements of Franchisee's voluntary
municipal program.
3.4. Contribution in Aid: Notwithstanding the foregoing, Franchisee shall comply at
all times, with the requirements of Section 895.5 of NYSPSC rules and regulations.
4. SYSTEM FACILITIES
4.1. Quality of Materials and Work: Franchisee shall construct and maintain its
System using materials of good and durable quality, and all work involved in the construction,
installation, maintenance and repair of the Cable System shall be performed in a safe, thorough
and reliable manner.
4.2. System Characteristics: During the term hereof Franchisee's Cable System shall
meet or exceed the following requirements:
4.2.1. On the Effective Date, the System shall be an active two-way plant
designed to provide for a minimum channel capacity of not less than 77 channels, including
video-on-demand,pay-per-view, and other premium Cable Services.
4.3. Interconnection: The Franchisee shall design its Cable System so that it may be
interconnected with other cable systems in the Franchise Area. Interconnection of systems may
be made by direct cable connection, microwave link, satellite, or other appropriate methods to
the extent required by law and voluntarily agreed upon by Franchisee.
4.4. Emergency Alert System: Franchisee shall comply with the Emergency Alert
System ("EAS") requirements of the FCC and the State of New York, including the NYSPSC's
rules and regulations and the current New York EAS Plan, in order that emergency messages
may be distributed over the System.
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5. PEG SERVICES
5.1. PEG Set Aside:
5.1.1. Franchisee shall provide capacity on its Basic Service tier if required by
Applicable Law for up to three PEG Channels. All Parties agree that the same three (3)
Channels will service the Town of Mamaroneck.
5.1.2. The programming to be carried on each of the PEG Channels set aside by
Franchisee is reflected in Exhibit C attached hereto. The LFA hereby authorize Franchisee to
transmit such programming within and outside the LFA's jurisdictional boundaries. Franchisee
specifically reserves the right to make or change channel assignments in its sole discretion.
Franchisee agrees to provide the LFA with thirty (30) days' notice in the event that Franchisee
elects to change the PEG Channel lineup. If a PEG Channel provided under this Article is not
being utilized by the LFA, Franchisee may utilize such PEG Channel, in its sole discretion, until
such time as the LFA elects to utilize the PEG Channel for its intended purpose in accordance
with Section 895.4 of the NYSPSC rules and regulations.
5.1.3. Franchisee shall provide the technical ability to play back pre-recorded
programming provided to Franchisee consistent with this Section. Franchisee shall transmit
programming consistent with the dedicated uses of PEG Access Channels. Franchisee shall
comply at all times with the requirements of Section 895.4 of the NYSPSC rules and regulations.
5.2. HD Channel Conversion
5.2 HD Channel Conversion:
As of the Effective Date of this Agreement, Franchisee does not offer Public,
Educational and Government Access Channels in High Definition ("HD") format. When
Franchisee makes Public, Educational and Government Access Channels available in HD to any
municipality in Westchester County, Franchisee agrees to provide the Town's Public,
Educational and Government Access Channels in HD format within a reasonable period of time
not to exceed one year after the installation of all of Franchisee's necessary equipment for the
provision of said channels in HD. Customers wishing to view PEG channels in HD will need an
HD converter and may need an additional equipment, but nothing more than is required to view
other portions of the Basic Tier. Customers must have Optimum internet service to receive HD
capability.
5.3. PEG Access Interconnection:
5.3.1. The LFA shall designate in its sole discretion a site within the Franchise Area for the
interconnection of PEG access facilities with the Cable System (the "PEG Access
Interconnection Site"), and not more than three (3) additional sites within the Franchise Area for
PEG Content Origination (each, a "PEG Content Origination Point"), which PEG Access
Interconnection Site and PEG Content Origination Points are identified in Exhibit D.
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5.3.2. Consistent with NY PSC rules and regulations, Franchisee shall provide a link between its
video channel aggregation point and the PEG Access Interconnection Site in order to permit the
signals to correctly routed from the PEG Access Interconnection Site to the appropriate PEG
Access Channel for distribution to Subscribers.
5.3.3. The LFA shall provide to Franchisee at the PEG Access Interconnection Site and the PEG
Content Origination Points (as defined in Exhibit D) a suitable video signal for each PEG
Channel, including a signal from each PEG content origination point provided or maintained by
any other cable service provider in the Service Area. Franchisee, upon receipt of the suitable
video signal, shall provide, install and maintain in good working order the equipment necessary
for transmitting the PEG signal to the channel aggregation site for further processing for
distribution to Subscribers. Franchisee's obligation with respect to such upstream transmission
equipment and facilities shall be subject to the availability, without charge to Franchisee, of
suitable required space, environmental conditions, electrical power supply, access, pathway and
other facilities and such cooperation of the LFAs as is reasonably necessary for Franchisee to
fulfill its obligations. Channel or channels provided by Franchisee for PEG services shall provide
transmission quality comparable to the transmission quality of other channels included in the
Basic Service Tier, subject to limitations, if any, in the quality of signal as received by
Franchisee.
5.3.4. Such upstream transmission provided by Franchisee shall comply with applicable FCC
standards during the transport and distribution of PEG signals to Subscribers.
5.4. PEG Grant:
5.4.1. Franchisee shall provide grants to the Town of Mamaroneck to be used in
support of the production of local PEG programming (the "PEG Grant"). Such grants shall be
used solely by the LFA for PEG capital needs such as PEG access equipment, including, but not
limited to, studio and portable production equipment, editing equipment and program playback
equipment, for renovation or construction of PEG access facilities, or for other PEG capital
purposes.
5.4.2. Commencing on the Effective Date, on a quarterly basis thereafter through
the natural termination of this Franchise, to accompany franchise fee payments, Franchisee shall
provide to LFA a PEG Support Grant in the amount of sixty-five cents ($.65) per subscriber per
month. Franchisee agrees that if the LFA receives a PEG Grant amount higher than provided in
this Franchise, Franchisee shall match that amount, not to exceed one dollar ($1.00) per
subscriber per month. (i) 5.4.3. The LFA shall impose an obligation of at least the same
aggregate value as the PEG Grant obligation contained in this Section 5.3 (including the total
amount of the PEG Grant in Section 5.3.2) on each new and renewed providers of cable service
in the Service Area. In any event, if any new or renewed franchise agreement between the LFA
and any other provider of Cable Services in the Service Area contains obligations that are lesser
in amount or aggregate value than the PEG Grant obligations imposed in this Section 5.3,
Franchisee's PEG Grant obligations under this Section 5.3 shall thereafter be reduced to an
equivalent amount. To the extent such a reduction is not sufficient to make the total obligations
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of this Franchise equivalent to the new or renewed franchise, Franchise may deduct from future
Franchisee Fee payments an amount sufficient to make the obligations of this Franchise
equivalent to the new or renewed franchise.
5.4.4. Upon request, the LFA shall provide Franchisee with a complete
accounting annually of the distribution of funds granted pursuant to this Section 5.3.
5.5. Indemnity for PEG: The LFA shall require all local producers and users of any
of the PEG facilities or Channels to agree in writing to authorize Franchisee to transmit
programming consistent with this Agreement and to defend and hold harmless Franchisee and
the LFA from and against any and all liability or other injury, including the reasonable cost of
defending claims or litigation, arising from or in connection with claims for failure to comply
with applicable federal laws, rules, regulations or other requirements of local, state or federal
authorities; for claims of libel, slander, invasion of privacy, or the infringement of common law
or statutory copyright; for unauthorized use of any trademark, trade name or service mark; for
breach of contractual or other obligations owing to third parties by the producer or user; and for
any other injury or damage in law or equity, which result from the use of a PEG facility or
Channel. The LFA shall establish rules and regulations for use of PEG facilities, consistent with,
and as required by, 47 U.S.C. §531.
5.6. Recovery of Costs: To the extent permitted by federal law, the Franchisee shall be
allowed to recover the costs of the PEG Grant or any other costs arising from the provision of
PEG services from Subscribers and to include such costs as a separately billed line item on each
Subscriber's bill. Without limiting the forgoing, if allowed under state and federal laws,
Franchisee may externalize, line-item, or otherwise pass-through interconnection and any
franchise-related costs to Subscribers.
6. FRANCHISE FEES
6.1. Payment to LFA: Franchisee shall pay to the LFA a Franchise Fee of five percent
(5%) of annual Gross Revenue (the "Franchise Fee"). All Parties acknowledge that for the first
sixty (60) days following the effective date of this renewal, Franchisee shall collect and remit
franchise fee pursuant to the prior franchise agreement. In accordance with Title VI, the twelve
(12) month period applicable under the Franchise for the computation of the Franchise Fee shall
be a calendar year. Such payments shall be made no later than forty five (45) days following the
end of each calendar quarter. Franchisee shall be allowed to submit or correct any payments that
were incorrectly omitted, and shall be refunded any payments that were incorrectly submitted, in
connection with the quarterly Franchise Fee remittances within ninety (90) days following the
close of the calendar year for which such payments were applicable. Late payments for Franchise
Fees shall be subject to interest charges computed from the due date, at the then-current rate set
forth in Section 5004 of Article 50 of the New York Civil Practice Law and Rules (which as of
the date of execution of this Agreement is nine percent (9%) per annum) during the period such
unpaid amount is owed.
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6.2. Delivery of Payments: Franchisee may use electronic funds transfer to make any
to the LFA required under this Agreement.
6.3 Supporting Information: A brief report prepared by a representative of the
Franchisee showing the basis for the Franchise Fee computation shall be provided to the LFA
within seven (7)business days of each Franchisee Fee payment.
6.4. Limitation on Franchise Fee Actions: The parties agree that the period of
limitation for the commencement of any action for recovery of any Franchise Fee payable
hereunder shall be six (6)years from the date on which payment by Franchisee is due, but cannot
exceed the date of records retention reflected in Section 7. Unless agreed to in writing by the
parties, the acceptance of any Franchise Fee payment shall not be construed as an accord and
satisfaction that such payment is in fact that correct amount, nor shall such acceptance of
payment be construed as a release or satisfaction of any claim the LFA may have for further or
additional Franchise Fee sums payable under the provisions of this Franchise.
6.5. Bundled Services: If Franchisee provides a Bundled Service to Subscribers, the
Franchise Fee shall be applied only to the value of the Cable Services, as reflected on the books
and records of Franchisee in accordance with FCC or state public utility regulatory commission
rules, regulations, standards or orders. Where pro rata allocation of bundled discounts is
commercially practical for any bundled offering, the Franchisee will allocate the bundled
discount such that the discount allocated to Cable Service revenues will not exceed the amount
which would be allocated to Cable Service revenue on a pro rata basis.
6.5. Town Comptroller of the Town Of Mamaroneck: The LFA and the Franchisee
agree that the Town Comptroller of the Town of Mamaroneck is appointed as the agent of the
LFA for receipt of any and all payments or sums due to the LFA under the Franchise Agreement,
including, but not limited to, any PEG Grant payment under the Agreement and the Franchise
Fee. However, the LFA may appoint a new representative of the LFA to receive such payments
or sums upon sixty (60) days advance written notice to the Franchisee.
6.6. Section 626 Treatment: Franchisee agrees that it will not take a special franchise
tax deduction (whether in the form of a reduction in the franchise fee amount paid to the LFA or
as a credit against the special franchise tax payable to the Town of Mamaroneck, pursuant to
N.Y. Real Property Tax Law Section 626) provided that the LFA demands, imposes and enforces
the same waiver against all existing, new and renewed providers of Cable Service or cable
service (as such term may be defined by other providers) in the Service Area. The operation of
this Section 6.6 shall be strictly limited to Franchise Fees lawfully imposed upon Cable Service,
and shall not be construed to affect the Franchisee's rights under any provision of State or
Federal law regarding the provision of services other than Cable Service.
7. REPORTS AND RECORDS
7.1. Open Books and Records: Upon reasonable written notice to the Franchisee
and with no less than thirty (30) business days written notice to the Franchisee, the LFA shall
have the right to inspect Franchisee's books and records pertaining to Franchisee's provision of
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Cable Service in the Franchise Area at any time during Normal Business Hours and on a
nondisruptive basis, as are reasonably necessary to ensure compliance with the terms of this
Franchise. Such notice shall specifically reference the section or subsection of the Franchise
which is under review, so that Franchisee may organize the necessary books and records for
appropriate access by the LFA. Franchisee shall not be required to maintain any books and
records for Franchise compliance purposes longer than six (6) years. Notwithstanding anything
to the contrary set forth herein, except in the case of an audit as provided for in Section 7.4, to
the extent permitted by law, Franchisee shall not be required to disclose information that it
reasonably deems to be proprietary or confidential in nature, nor disclose any of its or an
Affiliate's books and records not relating to the provision of Cable Service in the Service Area.
Subject to the requirements of the New York Freedom of Information Law ("FOIL"), the LFA
shall treat any information disclosed by Franchisee as proprietary and confidential under Section
87(2) (d) of the New York Public Officers Law, and shall only disclose it to employees,
representatives, and agents thereof who the LFA deems to have a need to know, or in order to
enforce the provisions hereof. For purposes of this Section, "proprietary and confidential"
information includes, but is not limited to: information related to the Cable System design , trade
secrets , Subscriber lists , marketing plans , financial information; or other information that is
reasonably determined by the Franchisee to be competitively sensitive. If the LFA receives a
request under FOIL, or similar law for the disclosure of information that the Franchisee has
designated as confidential, trade secret or proprietary, the LFA shall notify the Franchisee of
such request. If LFA determines in good faith that public disclosure of the requested information
is required under FOIL, LFA shall so notify Franchisee and, before making the disclosure, shall
give Franchisee a reasonable period of time to seek to obtain judicial redress to preclude
disclosure. Franchisee shall not be required to provide Subscriber information in violation of
Section 631 of the Communications Act, 47 U.S.C. §551.
7.2. Records Required: Franchisee shall at all times maintain:
7.2.1. Records of all written complaints for a period of six (6) years after receipt
by Franchisee. The term "complaint" as used herein refers to complaints about any aspect of the
Cable System or Franchisee's cable operations, including, without limitation, complaints about
employee courtesy. Complaints recorded will not be limited to complaints requiring an
employee service call;
7.2.2. Records of outages for a period of six (6) years after occurrence,
indicating date, duration, area, and the number of Subscribers affected, type of outage, and
cause;
7.2.3. Records of service calls for repair and maintenance for a period of six (6)
years after resolution by Franchisee, indicating the date and time service was required, the date
of acknowledgment and date and time service was scheduled (if it was scheduled), and the date
and time service was provided, and (if different)the date and time the problem was resolved;
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7.2.4. Records of installation/reconnection and requests for service extension for
a period of six (6) years after the request was fulfilled by Franchisee, indicating the date of
request, date of acknowledgment, and the date and time service was extended; and
7.2.5. A map showing the area of coverage for the provisioning of Cable
Services.
7.3. System-Wide Statistics: Subject to the requirements of Section 895.1(t) of the
NYSPSC rules and regulations, any valid reporting requirement in the Franchise may be satisfied
with system-wide statistics, except those related to Franchise Fees and consumer complaints.
7.4. Audit: Subject to the confidentiality requirements set forth in Section 7.1 of this
Franchise, Franchisee shall be responsible for making available to the LFA for inspection and
audit, all records necessary to confirm the accurate payment of Franchise Fees and the Annual
PEG Grants, whether the records are held by the Franchisee, an Affiliate, or any other entity that
collects or receives funds related to the Franchisee's Cable Services operation in the LFA subject
to the payment of Franchise Fees under this Agreement, including, by way of illustration and not
limitation, any entity that sells advertising on the Franchisee's behalf. Franchisee shall maintain
such records for six (6) years, provided that, if the LFA commences an audit within that six (6)
year period, Franchisee shall continue to maintain such records for the duration of any audit in
progress at the end of that six (6) year period. The LFA shall conduct all audits expeditiously,
and neither the LFA nor Franchisee shall unreasonably delay the completion of an audit. The
LFA's audit expenses shall be borne by the LFA unless all Parties agree that the payment to the
LFA should be increased by five percent (5%) or more in the audited period, in which case the
reasonable and customary costs of the audit, together with any additional amounts due to the
LFA as a result of such audit, shall be paid by Franchisee to the LFA within sixty (60) days
following written notice to Franchisee by the LFA of the underpayment, which notice shall
include a copy of the audit report; provided, however, that Franchisee's obligation to pay or
reimburse the LFA's audit expenses shall not exceed an aggregate amount of Twenty Thousand
Dollars ($20,000. If re-computation results in additional revenue to be paid to the LFA, such
amount shall be subject to interest charges computed from the due date, at the then-current rate
set forth in Section 5004 of the New York Civil Practice Law and Rules (which as of the date of
execution of this Agreement is nine percent (9%) per annum) per annum during the period such
unpaid amount is owed. If the audit determines that there has been an overpayment by
Franchisee, the Franchisee may credit any overpayment against its next quarterly payment. Said
audit shall be conducted by an independent third party and no auditor so employed by the LFA
shall be compensated on a success based formula, e.g., payment based on a percentage of an
underpayment, if any. The LFA shall not conduct an audit more frequently than once every three
(3)years.
8. INSURANCE AND INDEMNIFICATION
8.1. Insurance:
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8.1.1. Franchisee shall maintain in full force and effect, at its own cost and
expense, during the Franchise Term, the following insurance coverage:
8.1.1.1. Commercial General Liability Insurance in the amount of one
million dollars ($1,000,000) combined single limit for property damage and bodily injury. Such
insurance shall cover the construction, operation and maintenance of the Cable System, and the
conduct of Franchisee's Cable Service business in the LFA applicable to a standard form general
liability policy.
8.1.1.2. Automobile Liability Insurance in the amount of one million
dollars ($1,000,000) combined single limit for bodily injury and property damage coverage.
8.1.1.3. Workers' Compensation Insurance in conformity with legal
requirements of the State of New York.
8.1.1.4. Employers' Liability Insurance at least in the following
amounts: (A) Bodily Injury by Accident: $100,000; and (B) Bodily Injury by Disease: $100,000
employee limit; $500,000 policy limit.
8.1.1.5. Excess liability or umbrella coverage of not less than ten
million dollars ($10,000,000).
8.1.1.6. The limits above may be satisfied with a combination of
primary and excess coverage.
8.1.2. The LFA shall be included as additional insureds under each of the
insurance policies required in this Article 8 except Worker's Compensation Insurance,
Employer's Liability Insurance, and excess liability or umbrella coverage.
8.1.3. Each of the required insurance policies shall be noncancellable except
upon thirty (30) days prior written notice to the LFA. Franchisee shall not cancel any required
insurance policy without submitting documentation to the LFA verifying that the Franchisee has
obtained alternative insurance in conformance with this Agreement.
8.1.4. Each of the required insurance policies shall be with insurers qualified to
do business in the State of New York, with an A- or better rating for financial condition and
financial performance by Best's Key Rating Guide, Property/Casualty Edition. In the event
Franchisee's insurance carrier is downgraded to a rating of lower than Best's A-, Franchisee
shall have ninety (90) days to obtain coverage from a carrier with a rating of at least Best's A-.
8.1.5. Upon written request, Franchisee shall deliver to the LFA copies of
Certificates of Insurance showing evidence of the required coverage.
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8.2. Indemnification:
8.2.1. Franchisee agrees to indemnify the LFA, and its officers, agents, boards,
elected officials and employees for, and hold them harmless from, all liability, damage, cost or
expense arising from claims of injury to persons or damage to property occasioned by reason of
any conduct undertaken pursuant to the Franchise, or by reason of any suit or claim for royalties,
programming license fees, or infringement of patent rights arising out of Franchisee's provision
of Cable Services over the Cable System other than PEG facilities and Channels, provided that
the LFA shall give Franchisee timely written notice of a claim or action and the LFA's request
for indemnification within ten (10) business days of receipt of a claim or action pursuant to this
Subsection; and, in any event, the LFA shall provide such notice to Franchisee within a sufficient
period of time from receipt of a claim or action pursuant to this Subsection to enable Franchisee
to timely answer complaints, raise defenses and defend all claims. Notwithstanding the
foregoing, Franchisee shall not indemnify the LFA for any damages, liability, or claims resulting
from the willful misconduct or negligence of the LFA, its officers, agents, employees, attorneys,
consultants, independent contractors or third parties or for any activity or function conducted by
any Person other than Franchisee in connection with PEG Access or EAS.
8.2.2. With respect to Franchisee's indemnity obligations set forth in Subsection
8.2.1, Franchisee shall provide the defense of any claims brought against the LFA by selecting
counsel of Franchisee's choice to defend the claim, subject to the consent of the LFA, which
shall not be unreasonably withheld. Nothing herein shall be deemed to prevent the LFA from
cooperating with the Franchisee and participating in the defense of any litigation by its own
counsel at its own cost and expense, provided however, that after consultation with the LFA,
Franchisee shall have the right to defend, settle or compromise any claim or action arising
hereunder, and Franchisee shall have the authority to decide the appropriateness and the amount
of any such settlement if Franchisee shall bear the entire cost of the settlement. In the event that
the terms of any such proposed settlement includes the release of the LFA and the LFA does not
consent to the terms of any such settlement or compromise, Franchisee shall not settle the claim
or action but its obligation to indemnify the LFA shall in no event exceed the amount of such
settlement.
8.2.3. To the extent permitted by law, the LFA shall hold harmless and defend
Franchisee from and against and shall be responsible for damages, liability, or claims resulting
from or arising out of the willful misconduct of the LFA.
8.2.4. The LFA shall be responsible for its own acts of willful misconduct,
negligence, or breach, subject to any and all defenses and limitations of liability provided by law.
The Franchisee shall not be required to indemnify the LFA for acts of the LFA which constitute
willful misconduct or negligence on the part of the LFA, its officers, employees, agents,
attorneys, consultants, independent contractors or third parties employed or retained by the LFA.
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9. TRANSFER OF FRANCHISE
9.1. Transfer: Subject to Section 617 of the Communications Act, 47 U.S.C. § 537, as
amended, no Transfer of the Franchise shall occur without the prior consent of the LFA,
provided that such consent shall not be unreasonably withheld, delayed or conditioned. In
considering an application for the Transfer of the Franchise, the LFA may consider the
applicant's: (i) technical ability; (ii) financial ability; (iii) good character; and (iv) other
qualifications necessary to continue to operate the Cable System consistent with the terms of the
Franchise. No such consent of the LFA shall be required, however, for a transfer in trust, by
mortgage, by other hypothecation, by assignment of any rights, title, or interest of the Franchisee
in the Franchise or Cable System in order to secure indebtedness, for any transaction in which
Franchisee retains the right, title or interest in the Franchise granted to it herein, and is subject to
approval by the NYSPSC, or for transactions otherwise excluded under Section 1.32 above.9.2.
9.2. Acceptance of Terms: Within sixty (60) business days of the effective date of a
Transfer of the Franchise, the transferee shall provide written notification to the LFA confirming
acceptance of the terms of this Franchise and not use such Transfer as a basis for challenging the
validity of any past non-performance. As a condition of a Transfer, transferee will assume all
liability existing under the Agreement. Such written notification shall be substantially in the form
of Exhibit E and, upon execution and approval of the NYSPSC, shall become incorporated
herein and made a part hereof.
10. RENEWAL OF FRANCHISE
10.1. Governing Law: The LFA and Franchisee agree that any proceedings undertaken
by the LFA that relate to the renewal of this Franchise shall be governed by and comply with the
provisions of Section 12.11 below, the Cable Law and Section 626 of the Communications Act,
47 U.S.C. § 546, as amended.
10.2. Needs Assessment: In addition to the procedures set forth in Section 626 of the
Communications Act, the LFA shall notify Franchisee of all of its assessments regarding the
identity of future cable-related community needs and interests, as well as the past performance of
Franchisee under the then current Franchise term. Such assessments shall be provided to
Franchisee by the LFA promptly so that Franchisee will have adequate time to submit a proposal
under 47 U.S.C. § 546 and complete renewal of the Franchise prior to expiration of its term.
10.3. Informal Negotiations: Notwithstanding anything to the contrary set forth herein,
Franchisee and the LFA agree that at any time during the term of the then current Franchise,
while affording the public appropriate notice and opportunity to comment, the LFA and
Franchisee may agree to undertake and finalize informal negotiations regarding renewal of the
then current Franchise and the LFA may grant a renewal thereof.
10.4. Consistent Terms: Franchisee and the LFA consider the terms set forth in this
Article 10 to be consistent with the express provisions of 47 U.S.C. § 546 and the Cable Law.
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11. ENFORCEMENT AND TERMINATION OF FRANCHISE
11.1. Notice of Violation: If at any time the LFA believes that Franchisee has not
complied with the terms of the Franchise, and the LFA chooses to pursue compliance, the LFA
shall informally discuss the matter with Franchisee. If these discussions do not lead to resolution
of the problem in a reasonable time, the LFA shall then notify Franchisee in writing of the exact
nature of the alleged noncompliance in a reasonable time (for purposes of this Article, the
"Noncompliance Notice").
11.2. Franchisee's Right to Cure or Respond: Franchisee shall have sixty (60) days
from receipt of the Noncompliance Notice to: (i) respond to the LFA, if Franchisee contests (in
whole or in part) the assertion of noncompliance; (ii) cure such noncompliance; or (iii) in the
event that, by its nature, such noncompliance cannot be cured within such sixty (60) day period,
initiate reasonable steps to remedy such noncompliance and notify the LFA of the steps being
taken and the date by which Franchisee projects that it will complete cure of such
noncompliance. Upon notification by Franchisee to the LFA of the cure of any noncompliance,
and the LFA confirming such cure, the LFA shall provide written acknowledgment that such
cure has been effected. 11.2.2. If the Noncompliance Notice alleges the Franchisee has failed to
make a payment when due with respect to any PEG Grant payments, or Franchise Fee, the
Franchisee shall have thirty (30) days from receipt of the Noncompliance Notice to cure such
nonpayment of the undisputed amount.
11.3. Liquidated Damages: For the violation of any of the following provisions
of this Franchise, liquidated damages shall be paid by the Franchisee to the LFAs. Any such
liquidated damages shall be assessed as of the date that is sixty (60) days from the Franchisee's
receipt of the Noncompliance Notice, provided that the Franchisee has not cured the
noncompliance upon which the Noncompliance Notice was issued, in accordance with the
procedures set forth in Sections 11.1 and 11.2 above. On an annual basis from the Effective Date,
the Franchisee shall not be liable for liquidated damages that exceed Ten Thousand Dollars
($10,000) in payable to the Town of Mamaroneck. Liquidated damages shall be assessed as
follows:
For failure to provide Cable Service as set forth in Sections 3.1-
3.3 $100 per day for each day the
violation continues;
For failure to maintain the system standards as set forth in Article
4 $50 per day for each day the violation
continues;
For failure to comply with Article 5 $100 per day for each day the violation
continues;
For failure to provide LFA with any reports or records required by the Agreement
within the time period required $50 per day for each
day the violation continues;
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For failure to carry the insurance specified in Subsection 8.1.1
$100 per day for each day the violation
continues;
For a transfer specified in Article 9 without required
approval $100 per day for each
day the violation continues; and
11.3.1. Any liquidated damages assessed pursuant to this section shall not be a limitation upon
any other provisions of this Franchise and applicable law, including revocation, or any other
statutorily or judicially imposed penalties or remedies; provided, however, that in the event that
the LFAs collects liquidated damages for a specific breach for a specific period of time, pursuant
to this Section 11.3, the collection of such liquidated damages shall be deemed to be the LFAs
exclusive remedy for the specific breach for such specific period of time only.
11.4. The parties agree that each case of non-compliance as set forth in Section 11.3
shall result in damage to the LFA, compensation for which will be difficult to ascertain. The
parties agree that the liquidated damages in the amounts set forth in Section 11.3 are fair and
reasonable compensation for such damage.
11.5. Public Hearing: The LFA shall schedule a public hearing if the LFA seek to
continue their investigation into the alleged noncompliance (i) if Franchisee fails to respond to
the Noncompliance Notice pursuant to the procedures required by this Article, or (ii) if
Franchisee has not remedied or commenced to remedy the alleged noncompliance within sixty
(60) days (or, in the case of a noncompliance as set forth at Subsection 11.2.1, within thirty (30)
days) or the date projected pursuant to Subsection 11.2 above. The LFA shall provide
Franchisee at least thirty (30) calendar days prior written notice of such public hearing, which
will specify the time, place and purpose of such public hearing, and provide Franchisee the
opportunity to be heard.
11.6. Enforcement: Subject to Section 12.11 below and applicable federal and state law,
in the event the LFA, after the public hearing set forth in Section 11.5, determines that
Franchisee is in default of any provision of this Franchise, the LFA may:
11.6.1. Seek to recover liquidated damages from Franchisee in accordance
with Section 11.3; or
11.6.2. Seek specific performance of any provision, which reasonably lends itself
to such remedy, as an alternative to damages; or
11.6.3. Commence an action at law for monetary damages or seek other equitable
relief, including, but not limited to, payment with respect to any form of security provided for in
Section 11.8; or
11.6.4. In the case of a substantial noncompliance with a material provision of this
Franchise, seek to revoke the Franchise in accordance with Section 11.7.
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11.7. Revocation: Should the LFA seek to revoke this Franchise after following the
procedures set forth above in this Article, including the public hearing described in Section 11.5,
the LFA shall give written notice to Franchisee of such intent. The notice shall set forth the
specific nature of the noncompliance. The Franchisee shall have ninety (90) days from receipt of
such notice to object in writing and to state its reasons for such objection. In the event the LFA
has not received a satisfactory response from Franchisee, it may then seek termination of the
Franchise at a second public hearing (the "Revocation Hearing"). The LFA shall cause to be
served upon the Franchisee, at least thirty (30) business days prior to the Revocation Hearing, a
written notice specifying the time and place of such hearing and stating its intent to revoke the
Franchise.
11.7.1. At the Revocation Hearing, Franchisee shall be provided a fair opportunity
for full participation, including the rights to be represented by legal counsel, to introduce relevant
evidence, to require the production of evidence, to compel the relevant testimony of the officials,
agents, employees or consultants of the LFA, to compel the testimony of other persons as
permitted by law, and to question and/or cross examine witnesses. A complete verbatim record
and transcript shall be made of such Revocation Hearing.
11.7.2. Following the Revocation Hearing, Franchisee shall be provided up to
thirty (30) days to submit its proposed findings and conclusions to the LFA in writing and
thereafter the LFA shall determine (i) whether an event of default has occurred under this
Franchise; (ii) whether such event of default is excusable; and (iii) whether such event of default
has been cured or will be cured by the Franchisee. The LFA shall also determine whether it will
revoke the Franchise based on the information presented, or, where applicable, grant additional
time to the Franchisee to effect any cure. If the LFA determines that it will revoke the Franchise,
the LFA shall promptly provide Franchisee with a written determination setting forth the LFA's
reasoning for such revocation. Franchisee may appeal such written determination of the LFA to
an appropriate court, which shall have the power to review the decision of the LFA de novo.
Franchisee shall be entitled to such relief as the court finds appropriate. Such appeal must be
taken within sixty (60) days of Franchisee's receipt of the written determination of the LFA.
11.7.3. The LFA may, at its their sole discretion, take any lawful action that it
deems appropriate to enforce the LFA's rights under the Franchise in lieu of revocation of the
Franchise.
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11.9 Abandonment of Service: Franchisee shall not abandon any Cable Service or portion
thereof without the LFA's prior written consent as provided in the Cable Law.
11.10 Security: Prior to the Effective Date, the Franchisee shall provide and thereafter
maintain in the aggregate LFA's security for the performance of its obligations under this
Agreement in the amount of Twenty-Five Thousand and 00/100 Dollars ($25,000.00). The form
of this security may, at Franchisee's option, be a performance bond, letter of credit, cash deposit,
cashier's check or any other security acceptable to the LFA .
11.10.1. In the event that a performance bond provided pursuant to the
Agreement is not renewed or is cancelled, Franchisee shall provide new security pursuant
to this Article within thirty (30) days of such cancellation or failure to renew.
11.10.2. Neither cancellation nor termination, nor refusal by surety to extend the
performance bond, nor inability of the Franchisee, as principal, to file a replacement performance
bond or replacement security for its obligations, shall constitute a loss to the LFAs, as obligee,
recoverable under the performance bond.
12. MISCELLANEOUS PROVISIONS
12.1. Actions of Parties: In any action by the LFA or Franchisee that is mandated or
permitted under the terms hereof, such party shall act in a reasonable, expeditious, and timely
manner. Furthermore, in any instance where approval or consent is required under the terms
hereof, such approval or consent shall not be unreasonably withheld, delayed or conditioned.
12.2. Binding Acceptance: This Agreement shall bind and benefit the parties hereto and
their respective heirs, beneficiaries, administrators, executors, receivers, trustees, successors and
assigns, and the promises and obligations herein shall survive the expiration date hereof.
12.3. Preemption: In the event that federal or state law, rules, or regulations preempt a
provision or limit the enforceability of a provision of this Agreement, the provision shall be read
to be preempted to the extent, and for the time, but only to the extent and for the time, required
by law. In the event such federal or state law, rule or regulation is subsequently repealed,
rescinded, amended or otherwise changed so that the provision hereof that had been preempted is
no longer preempted, such provision shall thereupon return to full force and effect, and shall
thereafter be binding on the parties hereto, without the requirement of further action on the part
of the LFA.
12.4. Force Majeure: Franchisee shall not be held in default under, or in
noncompliance with, the provisions of the Franchise, nor suffer any enforcement or penalty
relating to noncompliance or default, where such noncompliance or alleged defaults occurred or
were caused by a Force Majeure.
12.4.1. Furthermore, unless reserved in this franchise, the parties hereby agree
that it is not the LFA's intention to subject Franchisee to penalties, fines, forfeitures or
revocation of the Franchise for violations of the Franchise where the violation was a good faith
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error that resulted in no or minimal negative impact on Subscribers, or where strict performance
would result in practical difficulties and hardship being placed upon Franchisee that outweigh
the benefit to be derived by the LFA and/or Subscribers.
12.5. Notices: Unless otherwise expressly stated herein, notices required under the
Franchise shall be mailed first class, postage prepaid, or by overnight courier to the addressees
below. Each party may change its designee by providing written notice to the other party.
12.5.1.Notices to Franchisee shall be mailed to:
Altice USA, Inc.1 Court Square West
Long Island City,NY 11101
Attention: Vice President, Government Affairs, Suburban New York
With a copy to:
Cablevision of Southern Westchester, Inc.
c/o Altice USA, Inc.
1 Court Square WestLong Island City, NY 11101
Attention: Legal Department
12.5.2.Notices to the LFA shall be mailed to:
Town of Mamaroneck
740 West Boston Post Rd.
Mamaroneck,NY 10543
Attn: Town Administrator
With a copy to:
Best Best& Krieger LLP
1800 K Street NW, Suite 725
Washington, DC 20006
Attention: Gerard Lavery Lederer
Notwithstanding anything herein to the contrary, all regulatory notices required by the Federal
Communications Commission or the New York Public Service Commission from Franchisee to
the LFA may be filed electronically upon the LFA, instead of by first class mail as described
above, to email addresses provided by the LFA.
12.6. Entire Agreement: This Franchise and the Exhibits hereto constitute the entire
agreement between Franchisee and the LFA and they supersede all prior or contemporaneous
agreements, representations or understandings (whether written or oral) of the parties regarding
the subject matter hereof. Any local laws or parts of local laws that materially conflict with the
provisions of this Agreement are superseded by this Agreement.
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12.7. Amendments and Modifications: Amendments and/or modifications to this
Franchise shall be mutually agreed to in writing by the parties and subject to the approval of the
NYSPSC, pursuant to the Cable Law.
12.8. Captions: The captions and headings of articles and sections throughout this
Agreement are intended solely to facilitate reading and reference to the articles, sections and
provisions of this Agreement. Such captions shall not affect the meaning or interpretation of this
Agreement.
12.9. Severability: With the exception of this Agreement's Section 1.16 (Definition of
Gross Revenue), Section 6.1 (Payment of Franchise Fees to LFA), and Article V (PEG Services),
if any section, subsection, sub-subsection, sentence, paragraph, term, or provision hereof is
determined to be illegal, invalid, or unconstitutional by any court of competent jurisdiction or by
any state or federal regulatory authority having jurisdiction thereof, such determination shall
have no effect on the validity of any other section, subsection, sub-subsection, sentence,
paragraph, term or provision hereof, all of which will remain in full force and effect for the term
of the Franchise.
12.10. Recitals: The recitals set forth in this Agreement are incorporated into the body of
this Agreement as if they had been originally set forth herein.
12.11. Cable System Transfer Prohibition: Under no circumstance including, without
limitation, upon expiration, revocation, termination, denial of renewal of the Franchise or any
other action to forbid or disallow Franchisee from providing Cable Services, shall Franchisee or
its assignees be required to sell any right, title, interest, use or control of any portion of
Franchisee's Cable System including, without limitation, the Cable System and any capacity
used for Cable Service or otherwise, to the LFA or any third party. Franchisee shall not be
required to remove the Cable System or to relocate the Cable System or any portion thereof as a
result of revocation, expiration, termination, denial of renewal or any other action to forbid or
disallow Franchisee from providing Cable Services pursuant to this Agreement. This provision
is not intended to contravene leased access requirements under Title VI or PEG requirements set
out in this Agreement.
12.12. NYSPSC Approval: This Franchise is subject to the approval of the NYSPSC.
Franchisee shall file an application for such approval with the NYSPSC within sixty (60) days
after the date hereof. Franchisee shall also file any necessary notices with the FCC.
12.13. Rates and Charges: The rates and charges for Cable Service provided pursuant to
this Franchise shall be subject to regulation in accordance with federal law.
12.14. Employment Practices: Franchisee will not refuse to hire, nor will it bar or
discharge from employment, nor discriminate against any person in compensation or in terms,
conditions, or privileges of employment because of age, race, creed, color, national origin, or
sex.
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12.15. Customer Service: Franchisee shall comply with the consumer protection and
customer service standards set forth in Parts 890 and 896 of the NYSPSC rules and regulations.
12.16. Annual Performance Review: At a time consistent with the notice requirements
below and at LFA's discretion, Franchisee agrees to meet with LFA in a format that is not open
to the public, including executive session so as to preserve Propriety Information, not more than
once per twelve-month period. Purpose of the Review is to evaluate Franchisee's compliance
with the terms and conditions of this Franchise. To the extent permitted by law, the information
disclosed to the LFA by Franchisee at the Performance Review shall be treated by the LFA as
confidential. The LFA shall provide Franchisee with at least thirty (30) days prior written notice
of the Performance Review to be held at a mutually agreeable time. Franchisee shall have the
opportunity to participate in and be heard at the Performance Review. Franchisee shall not be
required to disclose any confidential or proprietary information at any Performance Review held
in a public forum. To the extent Franchisee identifies any information addressed at a
Performance Review as confidential or proprietary, Franchisee shall cooperate with the LFA to
arrange a meeting with designated LFA representatives in an informal non-public forum to
review any such confidential or proprietary information to the extent necessary to effectuate the
objectives of this Section 12.16; provided, however, that the information disclosed to the LFA by
the Franchisee at any such informal non-public meeting shall be treated by the LFA as
confidential. Within thirty (30) days after the conclusion of the Performance Review, the LFA
shall provide Franchisee written documentation ("Performance Review Report") setting forth its
determinations regarding Franchisee's compliance with the terms and conditions of this
Franchise. The Performance Review Report shall not contain any confidential information
disclosed by the Franchisee during the Performance Review.
12.17. No Third Party Beneficiaries: Except as expressly provided in this Agreement,
this Agreement is not intended to, and does not, create any rights or benefits on behalf of any
Person other than the parties to this Agreement.
12.18. LFA's Official: The LFA's Manager or designated representatives or
representative of the Manager is the LFA's official that is responsible for the continuing
administration of this Agreement.
12.19. No Waiver of LFA's Rights: Notwithstanding anything to the contrary in this
Agreement, no provision of this Agreement shall be construed as a waiver of the LFA's rights
under applicable federal and state law.
12.20. Identification of Franchisee's Employees, Contractors, and
Subcontractors: Each employee of the Franchisee who comes into contact with members of the
public at their place of residence in connection with the construction, installation, maintenance
and/or operation of the Cable System, including repair and sales personnel, must wear a picture
identification card clearly indicating his or her employment with the Franchisee. The photograph
on the identification card shall prominently show the employee's name and/or identification
number. Such employee shall prominently display such identification card and shall show it to
all such members of the public. Each employee of any contractor or subcontractor of the
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Franchisee who routinely comes into contact with members of the public at their place of
residence must wear a picture identification card clearly indicating his or her name, the name of
such contractor or subcontractor, and the name of the Franchisee.
12.20.1. Notwithstanding any other provision of law regulating door-to-
door solicitation or other sales activities undertaken on public or private property within the
LFA, including any licensing or permit obligations required for such activities, the obligations
set forth in Section 12.21 of this Agreement shall be the sole conditions governing the
authorization and identification required for the entrance onto public or private property imposed
upon Franchisee or its employees, agents, contractors, or subcontractors for the purpose of
selling, marketing, or promoting services offered by Franchisee to residents of the LFA.
12.21. Level Playing Field:
12.21.1. The parties agree that, as of the Effective Date, the terms and
conditions of this Agreement are in compliance with the cable franchise level playing field
requirements of the NYSPSC.
12.21.2. In the event that the LFA grant or renew another cable franchise(s),
or similar authorization(s), for the construction, operation, and maintenance of any cable System
it shall not make the grant or renewal on more favorable or less burdensome terms than are
contained herein. If Franchisee finds that a proposed franchise, franchise renewal, or similar
authorization contains provisions imposing less burdensome or more favorable terms than are
imposed by the provisions of this Agreement, then Franchisee will identify those terms to the
LFA in writing in advance of any vote to adopt the franchise, franchise renewal or similar
authorization and, if the LFA approves such franchise, or franchise renewal, with the identified
terms, or any subsequent modification thereof, then those terms shall become the operative terms
in this Agreement, in lieu of existing terms, upon the effective date of the other franchise,
franchise renewal, or similar authorization.
12.21.3. Nothing in this Section 12.22 shall be deemed a waiver of any
remedies available to Franchisee under federal, state or municipal law, including but not limited
to section 625 of the Cable Act, 47 U.S.C. Section 545.
IN WITNESS WHEREOF,the parties hereto have hereunto executed this Agreement as of the
date written below.
Town of Mamaroneck:
By:
Supervisor
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Date:
Cablevision of Southern Westchester, Inc.
By:
Paul Jamieson, Senior Vice President Government Affairs
Date:
EXHIBITS
Exhibit A: Municipal Buildings to be Provided Free Cable Service
Exhibit B: Service Area
Exhibit C: PEG Channels
Exhibit D: PEG Access Origination Point
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EXHIBIT A
MUNICIPAL BUILDINGS TO BE PROVIDED FREE CABLE SERVICE
Municipal Buildings Address
Firehouse 205 Weaver St,Larchmont,NY 10543
Town Center 740 West Boston Post Rd,Mamaroneck,NY 10543
Larchmont Volunteer Ambulance Corp 155 Weaver St,Larchmont,NY 10543
Larchmont-Mamaroneck Sanitation Comm. 40 Maxwell Ave,Larchmont,NY 10538
Sheldrake Environmental 685 Weaver St,Larchmont,NY 10543
Senior Center 1288 West Boston Post Rd,Mamaroneck,NY 10538
LMC TV Studio 740 West Boston Post Rd,Mamaroneck,NY 10543
Police Depaitnient 740 West Boston Post Rd,Mamaroneck,NY 10543
Mamaroneck EMS 200 North Barry Ave,Mamaroneck,NY 10543
Highway Building 40 Maxwell Ave,Larchmont,NY 10538
Hommocks Middle School 130 Hommocks Road,Larchmont,NY 10538
Central School 1100 Palmer Avenue,Larchmont,NY 10538
Murray Avenue School 250 Murray Avenue. Larchmont,NY 10538
Page 92 of 229
EXHIBIT B
SERVICE AREA
The Service Area is the Franchise Area.
The construction of the Franchisee's Cable System has been completed throughout the
Franchise Area, subject only to Subsection 3.1.1 and Section 3.2 of the Franchise, and
accordingly it is not necessary to provide any additional details concerning the construction
and/or deployment time tables and areas within the Service Area, nor is a map of the Service
Area necessary.
Page 93 of 229
EXHIBIT C
PEG CHANNELS
The Franchisee will transmit PEG Programming as provided by the LFA and the
public, as directed.
Page 94 of 229
EXHIBIT D
PEG ACCESS ORIGINATION POINTS
Subject to the requirements set forth in Section 5.2 of the Agreement, the
following Public Access Channel, Government Access Channel and Educational Access
Channel PEG Access Interconnection Site ("PEG Access Interconnection Site") shall
continue to operate:
LMC TV Studio, 740 W. Boston Post Road, Floor 3, Mamaroneck,NY 10543
The PEG Access Interconnection Site shall serve as the aggregation point for the PEG
Content Origination Points designated below("PEG Content Origination Points") feeding
signals to the public, government and educational access channels. For purposes of
permitting the LFA to select and switch feeds into an aggregation point, Franchisee shall
provide the LFA, without charge, such capability at such aggregation point. Operation
and maintenance of any equipment associated therewith shall be the responsibility of the
LFA. At the PEG Access Interconnection Site, the LFA will provide Franchisee, without
restriction, with suitable video signals from any and all additional PEG content
origination points which may be provided or maintained by any other cable service
provider within the Service Area.
Subject to the requirements set forth in Section 5.2 of the Agreement, the
following one (1) PEG Content Origination Points feeding a signal to the PEG Access
Interconnection Site shall continue to operate:
Mamaroneck High School, 100 West Boston Post Rd., Mamaroneck, NY 10543
Subject to the requirements set forth in Section 5.2 of the Agreement, the
following two (2) PEG Content Origination Points feeding a signal to the PEG Access
Interconnection Site shall continue to operate:
Mamaroneck Library, 136 Prospect Avenue (1 Library Lane), Mamaroneck, NY
10543
Mamaroneck Town Board Chamber, 740 West Boston Post Road, 2nd Floor,
Mamaroneck,NY 10543
At the above PEG Content Origination Points,the LFA will continue to provide
Franchisee,without restriction, a suitable video signal for the PEG Channels and the LFA
Page 95 of 229
is responsible for all content and equipment necessary to deliver such signal at the point
of connection.
Page 96 of 229
47,
Lu m Town of Mamaroneck
Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: 2026 Budget
Date: September 17, 2025
There will be a discussion about the 2026 Budget.
Page 97 of 229
PUBLIC HEARING NOTICE
LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of
New York, a Public Hearing will be held on Wednesday, September 17, 2025, at 8:00 PM or as
soon thereafter as is possible, to consider the "Waiver of Fees for Renewing Variances or Site
Plan Approvals or Wetlands Permits " law, at the Town Center, 740 W. Boston Post Road,
Mamaroneck, New York.
Purpose:
Variances,site plan approvals and wetland permits expire if building permits for the work they
approved are not issued within a fixed time period.
There are times when the Building Inspector cannot issue a building permit for the work
authorized by a variance within the statutory time period because an agency outside the
Town's jurisdiction (e.g. the Army Corps of Engineers) must grant its approval before the
Building Inspector can act. Similarly,a property owner may obtain a variance to do restorative
work necessitated by a natural disaster for which the owner is eligible for financial aid from an
outside source but either the owner has not received such aid, or the outside source has not
acted upon the property owner's request for such aid.
These same situations occur for persons who have been issued site plan approvals (residential
or commercial) or wetlands permits.
To preserve their variances, site plan approvals or wetland permits, persons are required to
pay a fee to renew them. The Town Board finds that a property owner should have one
reprieve from having to pay a renewal fee when a building permit is not issued for one of the
reasons recited above.
You may also view the meeting on local municipal access television (Cablevision 75, 76,
77 or Verizon 34, 35, 36) or on LMC Media's website, https://lmcmedia.org.
The full text of this document can be viewed on the Town's website,
https://www.townofmamaroneckny.gov/calendar.aspx, or by calling the Town Clerk's Office
at 914-381-7870,for a mailed copy.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
Published:September 10, 2025
Page 98 of 229
Local Law No. -2025
This local law shall be known as the "Waiver of Fees for Renewing Variances or Site Plan
Approvals or Wetlands Permits" law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 -Purpose:
Variances, site plan approvals and wetland permits expire if building permits for the work they
approved are not issued within a fixed time period.
There are times when the Building Inspector cannot issue a building permit for the work
authorized by a variance within the statutory time period because an agency outside the Town's
jurisdiction (e.g. the Army Corps of Engineers) must grant its approval before the Building
Inspector can act. Similarly, a property owner may obtain a variance to do restorative work
necessitated by a natural disaster for which the owner is eligible for financial aid from an outside
source but either the owner has not received such aid, or the outside source has not acted upon the
property owner's request for such aid.
These same situations occur for persons who have been issued site plan approvals (residential or
commercial) or wetlands permits.
To preserve their variances, site plan approvals or wetland permits, persons are required to pay a
fee to renew them. The Town Board finds that a property owner should have one reprieve from
having to pay a renewal fee when a building permit is not issued for one of the reasons recited
above.
Section 2-Addition of a new section to the Mamaroneck Code:
The Code of the Town of Mamaroneck hereby is amended to add a new section 240-91 thereto.
§240-91 Waiver of Fees under Certain Limited Circumstances.
A. As used in this article, the following terms shall have the meanings indicated:
Outside Agency
A governmental agency that is not affiliated with or under the control of the
Town.
Town Approval
A variance, a site plan approval granted pursuant to either Chapter 177 or
Chapter 178 of the Code of the Town of Mamaroneck or a wetlands permit.
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B. A person shall not be required to pay a fee for requesting the extension of a Town
Approval if
either
(1) approval by an Outside Agency is required before a building permit can be issued for
the work permitted by the Town Approval
or
(2) the application for Town Approval arose out of a natural disaster which makes the
owner or the applicant entitled to financial aid from a municipal agency
and
(i) the owner or the applicant has filed for the approval of such Outside Agency or for
such financial aid
and
(ii) the owner or the applicant produces satisfactory evidence to the Building
Department showing that the approval from such Outside Agency or the approval
of financial aid has been prosecuted diligently
and
either
(iii) the approval of such Outside Agency has not been obtained or the claim for
financial aid was approved but the owner or the applicant has not received such aid
or
(iv) a decision on whether the owner or the applicant is entitled to receive financial aid
has not been made.
C. A person is entitled to have the fee for requesting the extension of a Town Approval
waived once for each Town Approval that such person seeks to extend.
D. To be eligible for an exemption from paying the fees for requesting the extension of a
Town Approval, the holder of such approval must apply for such extension before the Town
Approval expires. Notwithstanding, a person whose Town Approval expires during 2025 shall
not be required to pay the fees for applying for the same Town Approval if such person would
have been eligible for the exemption if a request for an extension had been made before such
Town Approval had expired and the application for the same Town Approval is made no later
than January 30, 2026.
2
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Section 3-Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4-Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
June 26,2025
3
Page 101 of 229
PUBLIC HEARING NOTICE
LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of
New York, a Public Hearing will be held on Wednesday, September 17, 2025, at 8:00 PM or as
soon thereafter as is possible, to consider the"Year-Round Use of Non-Gasoline-Powered
Leaf Blowers" law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York.
Purpose:
The absolute prohibition on the use of leaf blowers during the summer months was enacted
at a time when most leaf blowers were powered by noisy gasoline motors. Now that the use
of gasoline-powered leaf blowers has been outlawed and there are modern leaf blowers,
powered by electricity, that produce less sound when operating, the Town Board finds that
there is no need to continue the absolute prohibition on the use of leaf blowers during the
summer months.
You may also view the meeting on local municipal access television (Cablevision 75, 76,
77 or Verizon 34, 35, 36) or on LMC Media's website, https://lmcmedia.org.
The full text of this document can be viewed on the Town's website,
https://www.townofmamaroneckny.gov/calendar.aspx, or by calling the Town Clerk's Office
at 914-381-7870,for a mailed copy.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
Published:September 10, 2025
Page 102 of 229
Local Law No. -2025
This local law shall be known as the "Year-Round Use of Non-Gasoline-Powered Leaf Blowers"
law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 -Purpose:
The absolute prohibition on the use of leaf blowers during the summer months was enacted at a
time when most leaf blowers were powered by noisy gasoline motors. Now that the use of
gasoline-powered leaf blowers has been outlawed and there are modern leaf blowers, powered by
electricity, that produce less sound when operating, the Town Board finds that there is no need to
continue the absolute prohibition on the use of leaf blowers during the summer months.
Section 2-Amendment of a current section of the Mamaroneck Code:
Section 141-18 B. of the Code of the Town of Mamaroneck hereby is repealed, and the following is
substituted in its place:
"B. It shall be lawful to use a leaf blower that is not a gasoline-powered leaf blower in the
unincorporated area of the Town of Mamaroneck during any month of the year except at those
times and on those days where use of leaf blowers is prohibited by§ 141-18 A."
Section 3-Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4-Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
August 15,2025
Page 103 of 229
Short Environmental Assessment Form
Part 1 -Project Information
Instructions for Completing
Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on
information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as
thoroughly as possible based on current information.
Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the
lead agency;attach additional pages as necessary to supplement any item.
Part 1—Project and Sponsor Information
Name of Action or Project:
Proposed Local Law-"Year-Round Use of Non-Gasoline-Powered Leaf Blowers"
Project Location(describe,and attach a location map):
Unincorporated Town of Mamaronecl
Brief Description of Proposed Action:
Adoption of a local law lifting the 4 month restriction on the use of non-gasoline powered leaf blowers to allow their operation year round.
Name of Applicant or Sponsor: Telephone: 914-381-7810
Town of Mamaroneck Town Board E-Mail: townadministrator@townofmamaroneckny.go
Address:
740 W.Boston Post Road
City/PO: State: Zip Code:
Mamaroneck NY 10543
1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES
If Yes,list agency(s)name and permit or approval: ❑ ❑
3. a.Total acreage of the site of the proposed action? acres
b.Total acreage to be physically disturbed? acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? acres
4. Check all land uses that occur on,are adjoining or near the proposed action:
❑Urban ❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial ❑ Residential(suburban)
❑Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify):
0 Parkland
Page 1 of 3 SEAF 2019
Page 104 of 229
5. Is the proposed action, NO YES N/A
a. A permitted use under the zoning regulations? ❑ ❑ ❑
b. Consistent with the adopted comprehensive plan? ❑ ❑ ❑
NO YES
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
❑ ❑
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? I NO YES
If Yes,identify: _ _ ❑ ❑
NO YES
8. a. Will the proposed action result in a substantial increase in traffic above present levels? ❑ ❑
b. Are public transportation services available at or near the site of the proposed action? ❑ ❑
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑ ❑
action?
9. Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
❑ ❑
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water:
❑ ❑
11. Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment:
❑ ❑
12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES
which is listed on the National or State Register of Historic Places,or that has been determined by the El CI
of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic Places?
b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑ ❑
archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory?
13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal, state or local agency? ❑ ❑
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ ❑
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
Page 2 of 3
Page 105 of 229
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
▪Shoreline ❑ Forest ❑Agricultural/grasslands ❑Early mid-successional
❑Wetland ❑ Urban ❑ Suburban
15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES
Federal government as threatened or endangered? ❑ ❑
16. Is the project site located in the 100-year flood plan? NO YES
❑ ❑
17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes, ❑ ❑
a. Will storm water discharges flow to adjacent properties? ❑ ❑
b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ❑ ❑
If Yes,briefly describe:
18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES
or other liquids(e.g.,retention pond,waste lagoon,dam)?
If Yes,explain the purpose and size of the impoundment: ❑ ❑
19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES
management facility?
If Yes,describe: ❑ ❑
20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed)for hazardous waste?
If Yes,describe: - ❑ ❑
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsor/name:` Meredith Robson _ _ Date: I" r'a'
Signature: GiLL _ Title:Town Administrator
PRINT FORM Page 3 of
Page 106 of 229
Town of Mamaroneck
Proposed Local Law: "Year-Round Use of Non-Gasoline-Powered Leaf Blowers"
Environmental Assessment Form- Part 1 Attachment
Question 1 : Narrative Description
The absolute prohibition on the use of leaf blowers during the summer months was enacted by the
Town of Mamaroneck at a time when most leaf blowers were powered by noisy gasoline motors.
Now that the use of gasoline-powered leaf blowers has been outlawed (with very limited
exceptions) and there are modern leaf blowers, powered by electricity, that produce less sound
when operating, a new local law has been proposed to lift the absolute prohibition on the use of
leaf blowers during the summer months and permit the use of non-gasoline powered leaf blowers
throughout the year. This local law will apply to the entire Unincorporated Town of Mamaroneck
and will not create a negative impact on any environmental resources.
Page 107 of 229
Agency Use Only[If applicable]
Project: Loc Law Non-Gas Power Leaf Blowers
Date:
Short Environmental Assessment Form
Part 2 -Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept"Have my responses been reasonable considering the scale and context of the proposed action?"
No,or Moderate
small to large
impact impact
may may
occur occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning Elregulations?
2. Will the proposed action result in a change in the use or intensity of use of land? r El
❑
3. Will the proposed action impair the character or quality of the existing community? ✓❑ ❑
4. Will the proposed action have an impact on the environmental characteristics that caused the ❑
establishment of a Critical Environmental Area(CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit,biking or walkway? ❑
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing: ❑✓ ❑
a.public/private water supplies?
b.public/private wastewater treatment utilities? ❑✓ ❑
8. Will the proposed action impair the character or quality of important historic,archaeological, ❑
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑
waterbodies,groundwater,air quality,flora and fauna)? 111
10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑
problems?
11. Will the proposed action create a hazard to environmental resources or human health? ✓❑ ❑
PRINT FORM Page 1 of 2
SEAF 2019
Page 108 of 229
Agency Use Only[If applicable]
Project: LLNon-Gas Leaf Blower
Date:
Short Environmental Assessment Form
Part 3 Determination of Significance
For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a
particular element of the proposed action may or will not result in a significant adverse environmental impact,please
complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency
determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,
probability of occurring,duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-
term,long-term and cumulative impacts.
The absolute prohibition on the use of leaf blowers during the summer months was enacted by the Town of
Mamaroneck at a time when most leaf blowers were powered by noisy gasoline motors. Now that the use of
gasoline-powered leaf blowers has been outlawed (with very limited exceptions)and there are modern leaf blowers,
powered by electricity,that produce less sound when operating,the Town Board determines that there is no need to
continue the absolute prohibition on the use of leaf blowers during the summer months. A new local law has been
proposed that will permit the use of non-gasoline powered leaf blowers throughout the year.
This local law will apply to the entire Unincorporated Town of Mamaroneck and will not create a negative impact on
any environmental resources. The use of non-gasoline powered leaf blowers is currently permitted for 8 months of
the year without creating negative impacts. The use of these during the remaining four months of the year(summer
months)will not cause any impacts that are different in kind or degree from the impact the use of non-gasoline
powered leaf blowers has during the rest of the year. Furthermore, these blowers will not create the offensive noise
that led to the original summertime ban on their gas-powered predecessors.
1-1Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
❑✓ Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
Town of Mamaroneck Town Board
Name of Lead Agency Date
Meredith Robson Town Administrator
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer)
PRINT FORM Page 2 of 2
Page 109 of 229
o
u `" m Town of Mamaroneck
if X Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Tracy Yogman, Town Comptroller
Re: Fire Claims 9-17-25
Date: September 17, 2025
Action Requested:
Resolved that the Board of Fire Commissioners hereby approves the attached list of fire
claims.
Page 110 of 229
u_rt1;' 'rn Town of Mamaroneck
Comptroller, Town Center
oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
tyogman@townofmamaroneckNY.org
Date: September 17, 2025
To: Meredith Robson, Town Administrator
From: Tracy Yogman, Town Comptroller
Subject: Fire Claims 9-17-25
General:
Attached is the list of fire claims for approval.
Attachment/s:
FIRE CLAIMS-9-17-25
Page 111 of 229
TOWN OF MAMARONECK
FROM: TRACY YOGMAN-TOWN COMPTROLLER
RE: Fire Claims
Date September 17,2025
The following Town of Mamaroneck Fire Department claims have been certified by Chief Alex Rapp and submitted to the Comptroller's Office for payment
VENDOR DESCRIPTION AMOUNT
AAA Emergency Supplies Inc. Hydrotest with 0 Ring overhaul,Scott Part test&repair,Scott pack repair $ 2,619.28
Lithium battery(10 pk),NIMH battery-survivor(2),MCI tarp,Essential of FF,
Amazon.Com hand towel roll,trash bags $ 942.81
Bound Tree Medical supplies $ 40.84
Con Edison Fire HQ gas service 7/29-8/27/25 $ 272.99
Goosetown Communications Programming of radios,pagers $ 525.00
Hi-Tech Fire&Safety,Inc. Fire equipment S 49.69
Hudson Valley Fire Equipment Jack/Outrigger Lock Pin Assembly-force aerial-L19 $ 542.48
K R B Supply Inc. B&G supplies $ 15.89
Morris Croker LLC Helmet shields(5),Haix Fire Eagle Air size M $ 815.17
Optimum Cable service 8/23-9/22/25 $ 286.22
Tony's Nursery Inc Propane exchange $ 29.99
Verizon Fire HQ service-Redundant circuit 8/26-9/25 $ 289.99
Meals-Fast Drill 7/23/25,Dept Drill 8/19/25,Fast Drill 8/27,Basic Skills
Village Pizza&Pasta 9/3/25 $ 535.65
WJWW Fire line water 7/24-8/26/25 $ 37.00
Total $ 7,003.00
Page 112 of 229
c
m Town of Mamaroneck
Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Amendment to Resolution for Authorization for Sale of Fire Truck
Date: September 17, 2025
At the last meeting, the Board approved the sale of the 2017 KME Fire Pumper to the Attica
Volunteer Fire Depailuient. Since then, the Town has been informed that the pumper will actually be
registered by the Village of Attica and not the Attica Volunteer Fire Depailuient. In addition, they
have indicated that payment to the Town will be made by both entities: $100,000 will be paid by the
Attica Volunteer Fire Department and$200,000 will be paid by the Village of Attica.
In accordance with the above, I offer the following resolution:
Action Requested:
RESOLVED, that the Board of Fire Commissioners of the Town of Mamaroneck has
considered the information presented by the Town Administrator regarding the sale of
the 2017 KME Fire Pumper and authorizes the Town Administrator to execute its sale to
the Village of Attica, NY. The Town Board further acknowledges both sources of
payment.
Page 113 of 229
Y
0
ul 1 rri Town of Mamaroneck
in
# x Town Center
FOUNDED 1661 i 740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Tracy Yogman, Town Comptroller
Re: Consideration of Approval - Resolution Designating Special Fire District
Election Personnel
Date: September 17, 2025
Consideration of Approval - Resolution Designating Special Fire District Election Personnel
Action Requested:
WHEREAS, the Board of Fire Commissioners of Mamaroneck Fire District No. 1,
Westchester County, New York, has called a special election of the qualified voters of
said Fire District to be held on November 18, 2025;
NOW, THEREFORE,
BE IT RESOLVED, that the Board of Fire Commissioners of the Mamaroneck Fire
District No. 1, Westchester County, New York, appoint Jessica Thorpe, as the
permanent chairman of the special election, Ann Goode as chief election inspector,
and Dan Nidus as assistant election clerk. All are duly qualified voters of said Fire
District and shall be entitled to compensation at the rate of $175 for each day actually
and necessarily spent on the duties of his office. The Clerk of said Fire District is
hereby authorized and directed to give written notice of appointment to the persons
herein respectively appointed as permanent chairman, inspectors of election and
assistant clerks for said special election and this resolution shall take effect
immediately.
Page 114 of 229
t; n Town of Mamaroneck
Town Clerk, Town Center
oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
amay@townofmamaroneckNY.org
Date: September 17, 2025
To: Meredith Robson, Town Administrator
From: Allison May, Town Clerk
CC: Tracy YogmanTown Comptroller
Subject: Consideration of Approval - Resolution Designating Special Fire District
Election Personnel
General:
This is resolution needed to identify the personnel for the upcoming special Fire District election.
Page 115 of 229
10
0
ul 1 rri Town of Mamaroneck
n
# x Town Center
ri
FOUNDED 1661 i 740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Setting Time and Place of Meeting of Election Inspectors
Date: September 17, 2025
This resolution has been submitted by Town Clerk, Allison May, to officially set the time and place
of the meeting of election inspectors for the upcoming special Fire District election.
Action Requested:
WHEREAS, the Board of Fire Commissioners of Mamaroneck Fire District No. 1
heretofore resolved to call a special election of said Fire District, and
WHEREAS, pursuant to Section 175-a of the Town Law, only persons registered with
the Westchester County Board of Elections on or before October 26, 2025, the date 23
days prior to the date of the election (taking into account rules regarding Sunday),
shall be entitled to vote in such special election; and
WHEREAS, such Section 175-a requires that a resolution setting the time and place of
the meeting of the election inspectors appointed be adopted at least thirty days prior to
such special election; NOW, THEREFORE,
BE IT RESOLVED, that the election inspectors heretofore approved by resolution duly
adopted, shall meet at the Weaver Street Firehouse located at 205 Weaver Street, in
the Town of Mamaroneck, New York, in said Fire District, on October 27, 2025, at
12:00 P.M. to commence preparation of the register of those persons eligible to vote in
such special election. In accordance with Section 175-a of the Town Law, only those
persons registered with the Board of Elections of Westchester County on or before the
date 23 days prior to the date of the election, will be entitled to vote at such special
election and that this resolution shall take effect immediately, and neither publication
nor posting is required.
Page 116 of 229
61' 47,
m Town of Mamaroneck
Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Proposed Local Law - "Elimination of Renewals for One Type of Special
Permit"
Date: September 17, 2025
Enclosed please find a memo from Town Attorney, Bill Maker, and comments from the Planning
Board regarding the proposed local Law - "Elimination of Renewals for One Type of Special Permit."
We are requesting the following action by the Town Board.
Action Requested:
RESOLVED, that the Town Board hereby sets a public hearing for proposed local law
"Elimination of Renewals for One Type of Special Permit" for October 8, 2025.
Attachment/s:
2025-9-12-Mx to TB tr PB comments on LL
2025-6-20-Mx to TB tr proposed LL and LL
Page 117 of 229
o �' Town of Mamaroneck
m County of Westchester
rourrpo sss,x 740 West Boston Post Road, Mamaroneck,NY 10543-3353
COUNSEL TEL: 914 /381-7815
FAX: 914/381-7809
WMakerJr@TownofMamaroneckNY.gov
MEMORANDUM
To: Members of the Town Board
cc: Meredith S. Robson,Town Administrator
Allison May,Town Clerk
From: William Maker,Jr.,Attorney for the Town
Subject: Elimination of Renewals for one type of Special Permit
Date: September 12, 2025
At its September 3rd meeting, the Town Board resolved to refer the attached proposed
local law to the Planning Board. for a report as required by Mamaroneck Town Code§240-92B.If
adopted, the law will amend section 240-64 of the Code to eliminate the need to renew special
permits issued for the construction of multifamily dwellings in the Service Business-Residential
District. (Section 240-4 of the Code defines a multifamily dwelling as "[a] building or portion
thereof containing three or more dwelling units").
On September 11th,the Planning Board's counsel sent an email reporting that the Planning
Board unanimously endorsed the proposed local law (see attached email from Lisa Hochman
dated 9/11/25).
The Town Board may now set a public hearing for a discussion of the proposed local law.
Page 118 of 229
Outlook
PB Report and Recommendation on Proposed LL to Eliminate Renewals of Special Permits for
Multifamily Dwellings
From Lisa Hochman <Iisahochmanlaw@gmail.com>
Date Thu 9/11/2025 4:56 PM
To Maker Jr.,William <WMakerJr@townofmamaroneckny.gov>;William Maker <wmaker@mfd-law.com>
Cc Jami Sheeky <1Sheeky@townofmamaroneckny.gov>; Carol Murray <CMurray@townofmamaroneckny.gov>,
Aitchison, Elizabeth <EAitchison@townofmamaroneckny.gov>;Anthony Oliveri <aoliveri@aiengineers.com>;
Ralph <engelesq@gmail.com>; Ira Block <irahblock@gmail.com>;James Carroll <carrollj92@gmail.com>;
Elizabeth Cooney <elcoone@yahoo.com>; Edmund Papazian <Ed.Papazian@libertymutual.com>; Ron Mandel
<ronmandel@gmail.com>; Nichinsky, Robin <RNichinsky@townofmamaroneckny.gov>
Bill,
This message is in response to your memo to the Planning Board dated September 5, 2025 regarding a
proposed amendment to the zoning ordinance.
As counsel to and on behalf of the Planning Board, I hereby report that at the September 10th,regular
meeting of the Planning Board,members unanimously expressed support for the proposed law entitled
"Elimination of Renewals of Special Permits for Multifamily Dwellings."
Planning Board members agreed that there should be equivalent treatment for multifamily dwellings in
the Service Business-Residential(SB-R) District and the Business-Residential (B-R) District. Planning
Board members further agreed that, to the extent that a special use permit is required for multifamily
dwellings, the need to have that permit renewed or extended periodically should be eliminated.
Although it is not contemplated in the proposed local law, Planning Board members expressed that
multifamily dwellings should be considered the same type of use in both the B-R and SB-R Districts.
Stated another way, multifamily dwellings should either be principally permitted uses in both zoning
districts or specially permitted uses in both zoning districts.
This concludes the Planning Board's report and recommendation on the proposed local law
entitled"Elimination of Renewals of Special Permits for Multifamily Dwellings."
Sincerely,
/s/Lisa Hochman, Counsel to Town of Mamaroneck Planning Board
Page 119 of 229
Local Law No. -2025
This local law shall be known as the "Elimination of Renewals of Special Permits for Multifamily
Dwellings"law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1—Purpose:
Under the Town's zoning ordinance, the Service Business-Residential District allows multifamily
dwellings only pursuant to a special permit issued by the Planning Board. In contrast, the
Business-Residential District allows multifamily dwellings as of right but requires an applicant to
obtain site plan approval. Thus,permission from the Planning Board for a multifamily dwelling is
required for properties in each of these districts.
Where the disparity in procedure becomes problematic is section 240-64 of the zoning ordinance.
That section limits the maximum duration of special permits to two years at which time they must
be renewed. Approved site plans, on the other hand, do not have to be renewed.
While periodic review of certain uses may be appropriate as a means of judging their effect upon
the community, multifamily dwellings are not such a use. If it were, the Town would have made
multifamily dwellings in the Business-Residential District a special use, requiring a special permit
that periodically would have to be renewed instead of allowing it to be regulated by the Planning
Board only once through site plan review.
This local law eliminates that disparity by ending the requirement to renew special permits for
multifamily dwellings in the Service Business-Residential District.
Section 2—Amendment of a current section of the Mamaroneck Code:
Section 240-64 of the Code of the Town of Mamaroneck hereby is repealed, and the following is
substituted in its place:
§240-64 Conditions and safeguards.
The Planning Board shall attach such conditions and safeguards to the special permit as are
necessary to ensure continued conformity with all applicable standards and requirements. Except
in the case of multifamily dwellings, special permits shall be issued for a period of no more than
two years. Before the expiration of a special permit, the holder of that permit must apply for an
extension of the special permit and demonstrate that there has been no change in circumstances in
the area which would require the Planning Board to deny such extension. Special permits for
multifamily dwellings, whether issued before, on or after the effective date of this local law, shall
be for an indefinite duration.
Page 120 of 229
Section 3—Severabili' :
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4—Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
July 18,2025
2
Page 121 of 229
v
o fF Town of Mamaroneck
t ' ` m County of Westchester
740 West Boston Post Road, Mamaroneck,NY 10543-3353
FOUNDED 1651
COUNSEL TEL: 914 /381-7815
FAX: 914/ 381-7809
WMakerJr@TownofMamaroneckNY.org
MEMORANDUM
To: Members of the Town Board
cc: Meredith S.Robson, Town Administrator
Allison May, Town Clerk
From: William Maker,Jr., Attorney for the Town
Subject: Elimination of the requirement to renew special permits for multifamily housing
Date: June 20,2025
In accordance with the Town Board discussion at its June 18th meeting, I prepared the
attached proposed local law that,if enacted,will remove the requirement that special permits for
multifamily housing be renewed.
The proposed law revises section 240-64 (copy also attached).
The proposed local law would amend the zoning ordinance. Therefore,if the Town Board
considers it worthy of consideration, section 240-92B of the Mamaroneck Code requires that this
proposed law be referred to the Planning Board so that the Planning Board can have a chance to
opine.
Page 122 of 229
Local Law No. -2025
This local law shall be known as the "Elimination of Renewals of Special Permits for Multifamily
Housing" law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 —PuF_L�ose:
Under the Town's zoning ordinance, the Service Business-Residential District allows multifamily
housing only pursuant to a special permit issued by the Planning Board. In contrast, the Business-
Residential District allows multifamily housing as of right. Proposed multifamily housing in the
Business-Residential District goes through site plan review by the Planning Board instead. Thus,
permission from the Planning Board for multifamily housing is required for properties in each of
these districts.
Where the disparity in procedure becomes problematic is section 240-64 of the zoning ordinance.
That section limits the maximum duration of special permits to two years at which time they are
subject to renewal. While periodic review of certain uses may be appropriate as a means of
judging their effect upon the community, multifamily housing does not fall into that category, as
demonstrated by the fact that periodic review of site plans for multifamily housing is not
mandated for such housing in the Business-Residential District.
This local law eliminates that disparity by ending the requirement to renew special permits for
multifamily housing in the Service Business-Residential District.
Section 2—Amendment of a current section of the Mamaroneck Code:
Section 240-64 of the Code of the Town of Mamaroneck hereby is repealed, and the following is
substituted in its place:
§240-64 Conditions and safeguards.
The Planning Board shall attach such conditions and safeguards to the special permit as are
necessary to ensure continued conformity with all applicable standards and requirements. Except
in the case of multifamily housing, special permits shall be issued for a period of no more than
two years. Before the expiration of a special permit, the holder of that permit must apply for an
extension of the special permit and demonstrate that there has been no change in circumstances in
the area which would require the Planning Board to deny such extension. Renewal of a special
permit for the development of multifamily housing that was issued prior to the effective date of
this local law shall not be required. Special permits issued for multifamily housing on or after the
effective date of this local law shall be for an indefinite duration.
Page 123 of 229
Section 3—Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4—Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
June 20,2025
2
Page 124 of 229
§ 240-64 Conditions and safeguards.
[Amended 12-19-1984 by L.L. No. 10-1984]
The Planning Board shall attach such conditions and safeguards to the special permit as are
necessary to assure the continual conformance with all applicable standards and requirements. All
special permits shall be issued for a period of no more than two years, and, upon the expiration of
the two-year period, the applicant must apply for an extension of the special permit and
demonstrate that there has been no change in circumstances in the area which would require the
Planning Board to deny such extension.
Page 125 of 229
0
ul rrl Town of Mamaroneck
Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Proposed "Amendment to Certain Dimensional Requirements in the R-A
Zoning District" Law
Date: October 8, 2025
Attached please find a memo from Town Attorney, William Maker, for a proposed local law
regarding a zoning amendment for attached properties on Elkan Road.
Action Requested:
Resolved that the Town Board hereby refers the proposed "Amendment to Certain
Dimensional Requirements in the R-A Zoning District" Law" to the Planning Board
for its review and report.
Attachment/s:
2025-9-12-Mx to TB w LL
Page 126 of 229
0 - o Town of Mamaroneck
z
rcr County of Westchester
FOUNDED 1661. 740 West Boston Post Road, Mamaroneck, NY 10543-3353
COUNSEL TEL: 914/381-7815
FAX: 914/381-7809
WMakerJr@TownofMamaroneckNY.org
MEMORANDUM
To: Members of the Town Board
cc: Meredith S. Robson,Town Administrator
From: William Maker,Jr.,Attorney for the Town
Subject: Zoning amendment for Elkan Road
Date: September 12, 2025
With this memorandum I include a depiction of Elkan Park taken from the Town's maps,
a 1947 deed from the Larchmont Veterans' Building Corporation to individuals named
Aufderheide and a proposed local law.
The Larchmont Veterans' Building Corporation developed Elkan Park with a series of
attached buildings, each containing a number of dwelling units. It was built to address the post-
World War II housing shortage. When built, each individual building satisfied the side yard
setback requirements of the zoning ordinance.
In 1947, the Corporation began transferring title to the individual dwelling units within
each building. Each dwelling unit became its own individual building lot(see e.g. the deed to the
Aufderheides who acquired the unit that stands on Lot 10 of the Elkan Park subdivision. Lot 10
is known today as 4 Elkan Road). As a result, the interior units,i. e. units attached to other units
on each side,had no side yards and therefore no longer conformed to the zoning ordinance.
Under the zoning ordinance, nonconforming structures cannot be enlarged or expanded
without obtaining a variance. Even if a proposed extension to the front or rear of a fully attached
unit meets the dimensional requirements for front or rear yards, the owner still must obtain a
variance because of the unit's nonconforming status. Because of the unique situation posed by
Elkan Park, the Board of Appeals, barring some other issue, routinely grants such variances.
Thus, at times the agenda of the Board of Appeals is cluttered with applications for variances for
construction that but for the nonconforming nature of the unit would be permitted without
having to obtain a variance. This law would eliminate the need for fully attached Elkan Park
properties to obtain variances for otherwise zoning compliant construction.
Page 127 of 229
To: Members of the Town Board
cc: Meredith S. Robson, Town Administrator
From: William Maker,Jr.,Attorney for the Town
Subject: Zoning amendment for Elkan Road
Date: September 15, 2025
The proposed law also increases lot coverage from 25%to 35%. The Building Inspector is
asking for this change so that the lot coverage for the R-A: Attached Residence District will be
brought in line with the lot coverage rules for the other residential districts in the Town.
If the Town Board considers this law worthy of public discussion, it should refer the
proposal to the Planning Board. for a report as required by Mamaroneck Town Code §240-92B.
(I
September 12,2025
Page 128 of 229
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?i_�. -7 a- =,g-s` - •. 'z - _ %��:''} - - } 'p....=r' --. -
,I.y yam" .- - � z
- • -• - -r-`MFM,�RY s STATUTORY FORM AA • -
i Uidi )y3y--Deed 'tl, Fun 1.,,.eeent.—(C�rportion)
_ • T;ele Gam.raw. Trust Coy Y.
, . N .�e.4; ' Lot 10 uui n
ti''• 4 {. ;Wade the 1°th dap of 1}'aICh _ r;
- i :A,"_=_ THIS INDENTURE,
•
`.'UUCIVIARY- betll'CCn -
• -. ...
• ? nineteen hundred and forty-seven ,
�§' Th
,:..-I •' LARCH1d0NT VETERANS' BUILDING CORPORATION
5 of the State of New York, having its principal
1 �- __ , >a corporation organized under the laws t _ -
- 4I�'r r: 0 place of business at Apartment 124-B, Larchmont Acres Apartments, ) _ _`
( Larchmont, New York, ) _` 4 -
party of the first part. •
I, and GEORGE W. AUFDERHEIDE,JR.eandeHELENkiy. AUFDERHEIDE, his wife, _ .-'
1 residing at 5 Sunset Road, Rye, Y -
)', -
, parties of the second part: c
•is''�
WrrNESSETH, that the party of the first part.in consideration of dollars,
TEN ($10.00) ..
i ood and valuable considerations paid
• lawful money of the United States, find Other grant and release unto the parties of the second Part,
be the part ies of the second part, does hereby :
and assigns forever,
,II their heirs of land, and
with the - -
ALL that certain lot, niece or parcel
inithenTs ano iMamaroneck, Countyvements nofrWestchesteraand State ofdNew ng _
in the Town of M - _-
York, shown and designated as lot number 10 on a certain map,en- �
ftitled' "Map of Elkan Park, Property of Larchmont Veterans''; Bu1`1'ding
• Corporation,-r own; of:;�bamaroneck,,r..Westchester: County,.•N•Y••"I.mde n,
rbyr,A, J. Foote, Civil Engineer and Surveyor and filed in the office
n �+ s:.
of the County Clerk of Westchester County, Divisions of hand-Records
r unber'b250: a., } `'- f� .af" q
s on"➢ecember '27 t1946'''as}livsap N QrE.c; ,011. �°-• , .
•
Together with an easement to pass and repass by footand-Vehicle
conduitsd
also the right-to lay, erect and maintain pipes, wires utilities of
in and over Elkan Road for the purpose of having =
gas, water,premises, which ewer and easementandephone right shallable not berexclusive
described pr ,
Together with and bjGlerk'"saof easement
lcontained
arch 8th ,in instrument re-
47 in
!, corded in said
County
Liber 4497 page 152 of deeds.
•
I Together with a right to connect with, lay and maintain sewer, water
and gas pipes in a strip of land five feet wide runningaalonng gtthety-
e
i division line of lots 11 and 12, a distance of app
rox1 ; • five feet from Elkan road.
Subject to CouetynClerk's restrictions
Februarycontained
14,i1947 instrument
Liberr4491d
ed in said County ;�--• -
• - f of deeds, page 343.
! '4 Subject to the rights of the Westchester Lighting Company and the
i New Rork Telephone Company contained in instrumlibere4498ea in said
deeds, pagek469oandce inon Liberch 14th 4498 of deeds, in page 472, respectively
_ .. - t
I I
I! _ -
i
'S
{3-
j .
�.-+.--.,•I . .. -' _- _ - Y- _'c+�.3,_i:-u -7,am.
I
S -
K = r a .
' WER`A44 GOU FACtI 4 - .
lI .
I together-Kith the appurtenances'.and all the estate arid•rights or. the Inrty of the hrst part m and to said •
1 premisesC , , ,T.; .- - ` f. ICS .
I -,--,.TO-HAVE AND•TO HOLD the'premises herein granted unto the part?es. •of the,-secoiid part,
III tY eiTi;Ileirs' - •' -i1. - t f •l'•'•'lt t ' '•'t-and assigns'foreyer.
ni I!. Xi.:•:.,:' :;.:..:I z. J__�_.. _.. .:.. :_..,-.... • ,.,.,. ,• ........� .- of - - -
J r ! ! �i
a ( •AND the party of.the first part covenants as follows:
'.-- ! ,FIRST.—That the party of the first part is seized of the said premises in fee simple,and has good rightito
e = - ! II convey the same;3 ; _ _ f I
I I , t it -J
_ I t
I ,_---SF.cosn.—That-the Tart- e I-
s-of-the-second-part-shall-quietly-enjoy-the said-premises --—-�-V- - - ..__
4. t. =-' ' - I Totrn.—That the said premises arc free from iacurnbrancea except as aforesaid,
- FouRrit.—That the party of the first part will execute or'procure an}'.further necessary assurance of the -
-i I 1 it F.:.
•
i' 'title to said premises; • ;j
4
t
Flt-rit.—That the party of the first part will•forever warrant the.title�to said premises; ._r-:,..-^ ,„
' I ,. . 1
¢ SIXTo.—That, in compliance with Section 13 of',the Lien Lau ,it will.receive the,.consideration-for this _
Lt 1 (conveyance and will hold the rig--ht tU receive sod]consideration as:a oust Lund,to be applied;frst toe the,purpose _ -
of paying.the cost of the improvement and that it wilt.app't the same first to the payment of the cost of the
- l i %
jj improvement before using any part of the total of tthe ame for any other purpose- i' l n r -•-°• .
• E.
I 1 • jN WITNESS WHEREOF; the party of the :•'.' part has caused its corpur.tt__V., to E:e hereunto
1`. Mt. • Fv t ti ..
. I ! af$xed,'and these presents. to be signed by i4 dui authtinzed officer �, the day and rear first above v.ntten. ♦.
II - • • LARCHl ONT TERANS' BUILLDD�ING CORPORATION • -
`'; i Bp =� / ` resident • : .
•
.-- F - l �=c•Z•ti>Via.)'
a�'1.9,E ..,.
�i • '"rr,irrlr•
. _
- .1 =i ..�_ .
' s• �; .II_- STATE.OF 'EW._ -ORI:-4__
I COUNTY OFINESTCHESTE?
;:• 4.,.p..I I 11 On the 18th day of March , one thousand nine hundred and forty-seven ,
• il- II before me calve JOHN C. I'ERRITT ,to me known,who,being by me duly sworn,did depose - _
inLarchmont,N.Y.
l! and say that he resides at LarChmont Acre s •
I
'i that he is the President of LARCHMO1NT VETERANS' BUILDING
- - Ii CORPOhATI ON I the col port;ion described in, and which executed, the foregoing . - -
' I((I inarunient;:hat he know;the seal of said corporation; that the seal affixed to said instrument is such corporate
•.�-r'.. - 1'I seal-that it was su xI eil by order of the L'oard of Directors of said corporation,and that he signed _ . . _• -
h' � ..� it h i S name eher-mu by like order. . ") .' •
+.., /
.
L..-
.. II � / _ .,
- j IIEFEccA wnM/iM
- tOTAltY►V&LIC in rh• of M4r Y.ti� .•`s
1 Aiywintai far WOfikhog*.t.unly
;
The foregoing instrument seas endorsed for record as follows: The property affected by this instrument is
- - situate in the TO'hN OF MAMARONECK
. _ County of Westchester,N.Y. A true copy of the original DEED• - - -
E RECORDED Mar• 20, 19l.7 at 11:f1.9 A•b'f• at regnest of 1EI GRAN & NECARSULMER = -
_ rFF: g 3. 00 No. • 6679 ROBERT J.FIELD,County Clerk.
. Page 131-'f 229
Local Law No. -2025
This local law shall be known as the "Amendment to Certain Dimensional Requirements in the R-
A Zoning District" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 -Purpose:
The Larchmont Veterans' Building Corporation developed Elkan Park with a series of
attached buildings, each containing a number of dwelling units. It was built to address the post-
World War II housing shortage. When built, each individual building satisfied the side yard
setback requirements of the zoning ordinance.
In 1947, the Corporation began transferring title to the individual dwelling units within
each building. Each dwelling unit became its own individual building lot. Units attached to other
units on each side no longer had any side yards and became nonconforming.
Under the zoning ordinance, nonconforming structures cannot be enlarged or expanded
without obtaining a variance. Even if a proposed extension to the front or rear of any completely
attached unit meets the dimensional requirements for front or rear yards, the owner still must
obtain a variance because of the unit's nonconforming status. Because of the unique situation
posed by Elkan Park, the Board of Appeals, barring some other problem, has granted such
variances. Thus, the agenda of the Board of Appeals can be cluttered with applications for
variances for construction that but for the nonconforming nature of the unit would be permitted
as-of-right. This law would eliminate the need for properties in Elkan Park, whose side walls are
attached to adjoining units on each side, from having to obtain a variance for expansions that
otherwise satisfy the zoning ordinance.
The proposed law also increases the maximum lot coverage from 25%to 35%. [WHY?]
Section 2-Amendment of a current section of the Mamaroneck Code:
Section 240-4 of the Code of the Town of Mamaroneck hereby is amended by adding a new
definition to be placed within that section in its proper alphabetical position:
LOT LINE, INTERIOR
A lot line or lines on a parcel in the R-A: Attached Residence District that is improved with
a party wall that separates the lot from an abutting lot.
Page 132 of 229
Section 3-Amendment of a current section of the Mamaroneck Code:
Section 240-42 of the Code of the Town of Mamaroneck hereby is amended by deleting paragraph
A. (3) and substituting the following in its place:
(3) Maximum coverage of lot:35%.
Section 4-Amendment of a current section of the Mamaroneck Code:
Section 240-42 of the Code of the Town of Mamaroneck hereby is amended by deleting paragraph
B. (2) and substituting the following in its place:
(2) Minimum side yards.
(a) For a lot with only one interior lot line:One at least: 25 feet.
(b) For a lot with only one interior lot line:Total of two at least:25 feet.
(c) For a lot with two interior lot lines:0 feet
(d) An unattached accessory building not over one story or 15 feet in height and
located on the rear one-third (1/3) of the lot may be placed at a minimum
distance of five feet from the property line. On a corner lot, such accessory
building shall not be located nearer to the street line than the required
minimum front yard setback for the zoning district.
Section 5-Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 6-Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
September 12, 2025
2
Page 133 of 229
c
m Town of Mamaroneck
Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Waiver of Building Fees for REALM Monument
Date: September 17, 2025
The REALM Monument project has been discussed a number of times with the Board, as you well
know. It is now time for construction plans to be submitted and reviewed by the Town. This
monument will be placed on Town Center property and ultimately maintained by the Town.
I offer the following resolution to the Town Board which authorizes the Building Department to
waive all building permit fees for this project as it is in the best interest of the community and
constitutes an appropriate action in recognition of the public benefit provided.
Action Requested:
Whereas the REALM Monument will serve an important public purpose in the best
interest of the community;
and
Whereas, upon satisfactory completion, the Town will assume ownership of the REALM
Monument,
RESOLVED that the Town Board hereby authorizes the Building Department to waive
all fees required for the building permits for the construction of the REALM Monument
at the Mamaroneck Town Center.
Page 134 of 229
ul 1 F Town of Mamaroneck
Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Updated 2025 Town of Mamaroneck Fee Schedule
Date: September 17, 2025
Attached is a consolidated list of fee changes from Town Clerk, Allison May. These recommended
fee changes are a result of the analyses in each department, of comparable services in other
departments in the county, as well as a review of the work required for each service. This type of
review is done periodically and I recommend approval.
Action Requested:
RESOLVED that the Town Board hereby approves the updated 2025 fee schedule as
attached, effective September 18, 2025.
Page 135 of 229
u_r "v t1? n Town of Mamaroneck
Town Clerk, Town Center
oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
amay@townofmamaroneckNY.org
Date: September 17, 2025
To: Meredith Robson, Town Administrator
From: Allison May, Town Clerk
CC: Richard PolcariBuilding Inspector
Subject: Updated 2025 Town of Mamaroneck Fee Schedule
General:
Attached is the proposed fee schedule updates for 2025, with revised Building Permit and Town
Clerk fees.
The newly approved parking permits fees are included, allowing the Town Clerk's Office to sell
Nonresident Daytime in Lot A, Single Use Daily for residents in Lot A, and multiple household
permits for residents in Lot B.
Attachment/s:
A250 Fee Schedule 2025 09-17-2025
Page 136 of 229
Chapter A250
2025 Fee Schedule
§ A250-1 Enumeration of fees.
The schedule of fees and deposits for services, applications,permits, and licenses is as follows:
Code Section Subject Fee or Deposit
§ 3-5 Board of Architectural Review application $125
§ 3-12 Fee for advertising hearing by Board of $50
Architectural Review
§ 50-3C Alarm system user permit for Business,per $100
calendar year or part thereof
Alarm system user permit for Resident,per $450
calendar year or part thereof
Alarm system user permit for Resident 65+,per $25
calendar year or part thereof
§ 50-4D (1) False alarm penalties,per calendar year:
Second $15
Third and fourth $50
Fifth through 15th $100
Each subsequent occurrence $250
§ 55-6A Mechanical amusement device license fee,
annual:
Per device $50
Per premises $125
§ 58-7A Dog license fee for each neutered male or $20,plus state surcharge of$1
spayed female dog
Dog license fee for each intact male or $25,plus state surcharge of$3
female dog
Dog Enumeration Fee $150
§ 58-7G Failure to respond to an enumeration $50
§ 58-8 Redemption of impounded animals:
Fee for impound $10 per day
First impoundment of an animal within same $40
calendar year
Second impoundment of an animal within same $50
calendar year
Any subsequent impoundment of an animal $60
within same calendar year
Page 137 of 229
Code Section Subject Fee or Deposit
§90-2 Electrical permit: (includes Letter of Completion $150
fee)
§ 95-30A Erosion and sediment control
Filing fees:
Surface water and erosion control permit for a $250
parcel with an existing one- or two-family
dwelling
Surface water and erosion control permit for the $400
construction of a new one- or two-family
dwelling on either a vacant parcel or on a parcel
where more than 50% existing residence is
demolished
Surface water and erosion control permit in all $400
other cases
Fee for applicant-requested modification (no $100
work has commenced)
Fee for applicant-requested modification (work $150
has commenced)
Permit fees:
Surface water and erosion control permit for a $200
parcel with an existing one- or two-family
dwelling
Surface water and erosion control permit for the $300
construction of a new one- or two-family
dwelling on either a vacant parcel or on a parcel
where more than 50% existing residence is
demolished
Surface water and erosion control permit in all $400 and where controls exceed
other cases $5,000 of anticipated costs,then
6% fee additional for all costs in
excess of$5,000. This 6% is not
part of the engineering fees for
site plan approval.
Stonnwater pollution prevention permit $500
Inspection fees:
Fee per inspection for a parcel with a one- or $100
two-family dwelling
Page 138 of 229
Code Section Subject Fee or Deposit
Fee per inspection all other residential parcels $150
Fee per inspection, non-residential parcels $250
and all other cases
NOTE: If work is commenced prior to the permit
being issued, all fees for the project will be
doubled.
§ 99-8 Application fee for license to film $500
License fee for filming on public property $1,200 per day or any portion
thereof
License fee for filming on private property $1,000 per day or any portion
thereof
§ 106-11 Annual high hazard,public assembly $200
All others every three years $200
Mobile Food Truck Inspection (required $50, valid for one year in Town
only if cooking equipment produces smoke of Mamaroneck
or releases grease-laden vapors)
§ 106-20A Blasting permit application (A bond in the
amount of$100,000 as well as public liability
insurance naming the Town of Mamaroneck as a
coinsured in an aggregate amount of not less than
$2,000,000 is to accompany application.)
Commercial fee $250.00 for first$1000 plus
$35.00 per $1000
Residential fee $150.00 for first$1000 plus
$35.00 per$1000
§ 106-49B Discharge compliance certificate application $150
§ 106-56 Building fees:
Residential (Permit fee due at time of filing. A $150 for first$1,000,plus $17
50%refund for cancelled permits as long as per $1,000 of construction cost
work has not been started.)
Residential permit renewals 50%the original permit fee or
$1,000 whichever is less, for six
(6) months.
Commercial (Permit fee due at time of filing. $200 for first$1,000,plus $25
Page 139 of 229
Code Section Subject Fee or Deposit
50%refund for cancelled permits as long as per $1,000 of construction cost
work has not been started.)
Commercial permit renewals 50%the original permit fee or
$1,500 whichever is less, for six
(6) months.
Original certificate of occupancy for all permits
unless otherwise noted:
One- and two-family dwellings and related $100
accessory structures
Commercial and all other buildings $100
Temporary Certificate of Occupancy (plus bond $500
as required by Director of Building Code
Enforcement and Land Use Administrator) Note:
Temporary Certificate of Occupancy does not
put a hold on the permit expiration date or the
need to keep the permit active.
Copy of Certificate of Occupancy $0.25
Original Letter of Completion $100
Copy of Letter of Completion $0.25
Mechanical rock removal permit application $250 for first$1,000 plus $35 per
$1,000
To raze any structure:
Residential demolition $150 for first$1,000 plus $17 per
$1,000
Commercial demolition $250 for first$1,000 plus $25 per
$1,000
NOTE: If work is started or completed prior to the issuance of a permit(Legalization)—Legalization Permit
Fee cost is Three times the Permit Fee
To move a building: Treat fees the same as for new construction.
§ 110-12B Floodplain Development Permit $100 filing fee,plus up to $1,500
to cover costs
§ 114-7A Wetlands Permit application $200
§ 117-6 Garage Sale Permit application $20
Page 140 of 229
Code Section Subject Fee or Deposit
§ 154-7A Peddling License,vehicle $500
§ 154-7B Peddler's License, individual $500
§ 158-6 Plumbing fees:
Residential plumbing fee $150 for first$1,000 plus $17 per
$1,000 of plumbing installation
Commercial plumbing fee $150 for first$1,000 plus $25 per
$1,000 of plumbing installation
NOTE: For purposes of fee, gas appliances shall be considered as a plumbing fee.
§ 158-6 Storage tanks -- Removal, installation, or $150 permit fee
abandonment
Gas piping $100
§ 167-8B Photocopies, not to exceed 9 inches by 14 inches $0.25 per page
§ 167-8 Blueprint or plan photocopy $3 per square foot
§ 167-8 Digital topographic/Tax Map in electronic $100 per map page
format
§ 167-8 Building property files in electronic format $30
§ 167-8 Town Code/inserts (no cover) $360
§ 167-8 Zoning pamphlet $20
§ 167-8 Zoning, election, or Town Map $3
§ 175-17 Signs (includes Letter of Completion fee):
For erecting,placing or painting a new sign, $175
altering, reconstructing, enlarging or relocating
an existing sign
Temporary signs as approved by Building $175
Department
Temporary signs as approved by Town Board $200
§ 177-15 Site plan approval application $350,plus $25 for each parking
space required by the Zoning
Ordinance
§ 177-15 Engineering fees 6% of the total performance bond
or$2 per linear foot of road
Page 141 of 229
Code Section Subject Fee or Deposit
surface, whichever is higher
§ 178-14 Residential site plan approval application $400,plus $25 for each parking
space, greater than (2) spaces, if
required by zoning ordinance
§ 187-5 Highway Permits:
Street opening, installation/replacement of $400
Town sidewalk or curbing, total disturbance
less than 100 square feet.
Street opening, installation/replacement of $400,plus $2 per square foot over
Town sidewalk or curbing, total disturbance 100 square feet
equal to or greater than 100 square feet.
Temporary use of Town right-of-way, $200
equipment/dumpster placement crossing Town
sidewalk or curbing.
New installation of sanitary sewer lateral; or $500
connection to Town drainage structure.
§ 190-22 Subdivision of land:
Up to 2 lots $300, plus $150 for each
additional lot shown on
application
§ 198-Reserved Taxi drivers (Reserved)
§ 198-3 Reserved Taxicab and livery license (Reserved)
§ 198-7B Reserved Replacement of taxicab license or badge (Reserved)
§ 207-6A Tree removal permit application:
1 to 4 trees $75
Each additional tree $15
§ 207-9 Replacement trees not planted $300 per tree
§ 219-44 Lot A Daytime Parking Permit, valid $900
January 1, through December 31. No parking is
allowed from 3:00 am to 5:00 am Tuesday
through Thursday.
Lot A Daytime Non-resident Parking Permit, $1,600
valid January 1,through December 31. No
Page 142 of 229
Code Section Subject Fee or Deposit
parking is allowed from 3:00 am to 5:00 am
Tuesday through Thursday.
Lot A Meter Parking Permit, valid $110, plus a meter fee of$.60 per
January 1, 2025, through December 31, 2025. Nohour required Monday through
parking is allowed from 3:00 am to 5:00 am Friday between the hours of 5:00
Tuesday through Thursday. am and 6:00 pm.
Lot A Single Use Daily Parking Permit, valid $10.00
5:00 am to 6:00pm.
Lot A Scooter/Motorcycle parking in designated $175
spaces require no additional fee if used as a
second `vehicle' in conjunction with an existing
parking permit, and an annual fee of$175.00
without an existing parking permit. No parking is
allowed from 3:00 am to 5:00 am Tuesday
through Thursday.
Lot B 24-Hour Parking Permit valid January 1 $1,000
through December 31.
Lot B 24-Hour Parking Permit valid January 1 $1,100
through December 31, second permit in Resident
Household.
Lot B 24-Hour Parking Permit valid January 1 $1,200
through December 31,third permit in Resident
Household.
Lot B Area Business Permit valid January 1, $700
2025, through December 31, 2025. Permit
holders may park beginning at 8:00 am and must
vacate by 6:00 pm, Monday through Friday.
Lot C Overnight Parking Permit valid January 1, $450
2025, through December 31, 2025. Permit
holders may park beginning at 7:30 pm and must
vacate the following morning by 7:30 am,
Monday through Thursday. Parking is permitted
weekends beginning at 7:30 pm on Friday and
ending Monday at 7:30 am.
Permit Cancellation - a refund of the next full $25
month forward from the return of the permit, less
a processing fee of$25,will be provided.
Permit Change—changing a permit to another $10
Page 143 of 229
Code Section Subject Fee or Deposit
vehicle by submitting the new registration and
driver's license (for Area Business permit only)
and exchanging the old pass for a new pass.
Replacement of lost or stolen permit(must $10
process Police Report prior).
§ 219-63 Residential parking permits $25 per motor vehicle per year
Permit change -- must exchange the old pass for $5
a new pass.
Replacement of lost or stolen permit(must $5
process Police Report prior).
§ 240-61A Special permit fees:
Application fee $300
Renewal $150
§ 240-91 Zoning Board of Appeals application
§ 240-91 Area variance, first request $300
§ 240-91 Each additional requested variance $125
§ 240-91 Interpretation, first request $200
§ 240-91 Each additional interpretation request §100
§ 240-91 Use variance $200
§ 240-91 Each additional use request $100
§ 240-91 Zoning variance extension $200
§ 240-91 Fee for advertising hearing by Board of Appeals $50
NA Bowling alley $250
NA Bounced check fee $20
NA Property tax fee (charge to tax service entities $5 per parcel/tax bill
for property tax payments without tax bill)
NA Accident report $0.25
per page
NA Complaint report $0.25 per page
NA Auctioning permits, per day $5
NA Auctioneering permit $100
Page 144 of 229
Code Section Subject Fee or Deposit
NA Certified copies of vital records $10
NA One Day Marriage Officiant Registration $25
NA Residential Property Record File Search (File $300
Review) and Pre-date Letter
Commercial and Multifamily Property Record $500
File Search (File Review) and Pre-date Letter
Page 145 of 229
Chapter A250
2025 Fee Schedule
§ A250-1 Enumeration of fees.
The schedule of fees and deposits for services, applications,permits, and licenses is as follows:
Code Section Subject Fee or Deposit
§ 3-5 Board of Architectural Review application $125
§ 3-12 Fee for advertising hearing by Board of $50
Architectural Review
§ 50-3C Alarm system user permit for Business,per $100
calendar year or part thereof
Alarm system user permit for Resident,per $450
calendar year or part thereof
Alarm system user permit for Resident 65+,per $25
calendar year or part thereof
§ 50-4D (1) False alarm penalties,per calendar year:
Second $15
Third and fourth $50
Fifth through 15th $100
Each subsequent occurrence $250
§ 55-6A Mechanical amusement device license fee,
annual:
Per device $50
Per premises $125
§ 58-7A Dog license fee for each neutered male or $20,plus state surcharge of$1
spayed female dog
Dog license fee for each intact male or $25,plus state surcharge of$3
female dog
Dog Enumeration Fee $150
§ 58-7G Failure to respond to an enumeration $50
§ 58-8 Redemption of impounded animals:
Fee for impound $10 per day
First impoundment of an animal within same $40
calendar year
Second impoundment of an animal within same $50
calendar year
Any subsequent impoundment of an animal $60
within same calendar year
Page 146 of 229
Code Section Subject Fee or Deposit
§90-2 Electrical permit: (includes Letter of Completion $150
fee)
§ 95-30A Erosion and sediment control
Filing fees:
Surface water and erosion control permit for a $250
parcel with an existing one- or two-family
dwelling
Surface water and erosion control permit for the $400
construction of a new one- or two-family
dwelling on either a vacant parcel or on a parcel
where more than 50% existing residence is
demolished
Surface water and erosion control permit in all $400
other cases
Fee for applicant-requested modification (no $100
work has commenced)
Fee for applicant-requested modification (work $150
has commenced)
Permit fees:
Surface water and erosion control permit for a $200
parcel with an existing one- or two-family
dwelling
Surface water and erosion control permit for the $300
construction of a new one- or two-family
dwelling on either a vacant parcel or on a parcel
where more than 50% existing residence is
demolished
Surface water and erosion control permit in all $400 and where controls exceed
other cases $5,000 of anticipated costs,then
6% fee additional for all costs in
excess of$5,000. This 6% is not
part of the engineering fees for
site plan approval.
Stonnwater pollution prevention permit $500
Inspection fees:
Fee per inspection for a parcel with a one- or $100
two-family dwelling
Page 147 of 229
Code Section Subject Fee or Deposit
Fee per inspection all other residential parcels $150
Fee per inspection, non-residential parcels $250
and all other cases
NOTE: If work is commenced prior to the permit
being issued, all fees for the project will be
doubled.
§ 99-8 Application fee for license to film $500
License fee for filming on public property $1,200 per day or any portion
thereof
License fee for filming on private property $1,000 per day or any portion
thereof
§ 106-11 Annual high hazard,public assembly $200
All others every three years $200
Mobile Food Truck Inspection (required $50, valid for one year in Town
only if cooking equipment produces smoke of Mamaroneck
or releases grease-laden vapors)
§ 106-20A Blasting permit application (A bond in the
amount of$100,000 as well as public liability
insurance naming the Town of Mamaroneck as a
coinsured in an aggregate amount of not less than
$2,000,000 is to accompany application.)
Commercial fee $250.00 for first$1000 plus
$35.00 per $1000
Residential fee $150.00 for first$1000 plus
$35.00 per$1000
§ 106-49B Discharge compliance certificate application $150
§ 106-56 Building fees:
Residential (Permit fee due at time of filing. A $150 for first$1,000,plus $17
50%refund for cancelled permits as long as per $1,000 of construction cost
work has not been started.)
Residential permit renewals 50%the original permit fee or
$1,000 whichever is less, for six
(6) months.
Commercial (Permit fee due at time of filing. $200 for first$1,000,plus $25
Page 148 of 229
Code Section Subject Fee or Deposit
50%refund for cancelled permits as long as per $1,000 of construction cost
work has not been started.)
Commercial permit renewals 50%the original permit fee or
$1,500 whichever is less, for six
(6) months.
Original certificate of occupancy for all permits
unless otherwise noted:
One- and two-family dwellings and related $100
accessory structures
Commercial and all other buildings $100
Temporary Certificate of Occupancy (plus bond $500
as required by Director of Building Code
Enforcement and Land Use Administrator) Note:
Temporary Certificate of Occupancy does not
put a hold on the permit expiration date or the
need to keep the permit active.
Copy of Certificate of Occupancy $0.25
Original Letter of Completion $100
Copy of Letter of Completion $0.25
Mechanical rock removal permit application $250 for first$1,000 plus $35 per
$1,000
To raze any structure:
Residential demolition $150 for first$1,000 plus $17 per
$1,000
Commercial demolition $250 for first$1,000 plus $25 per
$1,000
NOTE: If work is started or completed prior to the issuance of a permit(Legalization)—Legalization Permit
Fee cost is Three times the Permit Fee
To move a building: Treat fees the same as for new construction.
§ 110-12B Floodplain Development Permit $100 filing fee,plus up to $1,500
to cover costs
§ 114-7A Wetlands Permit application $200
§ 117-6 Garage Sale Permit application $20
Page 149 of 229
Code Section Subject Fee or Deposit
§ 154-7A Peddling License,vehicle $500
§ 154-7B Peddler's License, individual $500
§ 158-6 Plumbing fees:
Residential plumbing fee $150 for first$1,000 plus $17 per
$1,000 of plumbing installation
Commercial plumbing fee $150 for first$1,000 plus $25 per
$1,000 of plumbing installation
NOTE: For purposes of fee, gas appliances shall be considered as a plumbing fee.
§ 158-6 Storage tanks -- Removal, installation, or $150 permit fee
abandonment
Gas piping $100
§ 167-8B Photocopies, not to exceed 9 inches by 14 inches $0.25 per page
§ 167-8 Blueprint or plan photocopy $3 per square foot
§ 167-8 Digital topographic/Tax Map in electronic $100 per map page
format
§ 167-8 Building property files in electronic format $30
§ 167-8 Town Code/inserts (no cover) $360
§ 167-8 Zoning pamphlet $20
§ 167-8 Zoning, election, or Town Map $3
§ 175-17 Signs (includes Letter of Completion fee):
For erecting,placing or painting a new sign, $175
altering, reconstructing, enlarging or relocating
an existing sign
Temporary signs as approved by Building $175
Department
Temporary signs as approved by Town Board $200
§ 177-15 Site plan approval application $350,plus $25 for each parking
space required by the Zoning
Ordinance
§ 177-15 Engineering fees 6% of the total performance bond
or$2 per linear foot of road
Page 150 of 229
Code Section Subject Fee or Deposit
surface, whichever is higher
§ 178-14 Residential site plan approval application $400,plus $25 for each parking
space, greater than (2) spaces, if
required by zoning ordinance
§ 187-5 Highway Permits:
Street opening, installation/replacement of $400
Town sidewalk or curbing, total disturbance
less than 100 square feet.
Street opening, installation/replacement of $400,plus $2 per square foot over
Town sidewalk or curbing, total disturbance 100 square feet
equal to or greater than 100 square feet.
Temporary use of Town right-of-way, $200
equipment/dumpster placement crossing Town
sidewalk or curbing.
New installation of sanitary sewer lateral; or $500
connection to Town drainage structure.
§ 190-22 Subdivision of land:
Up to 2 lots $300, plus $150 for each
additional lot shown on
application
§ 198-Reserved Taxi drivers (Reserved)
§ 198-3 Reserved Taxicab and livery license (Reserved)
§ 198-7B Reserved Replacement of taxicab license or badge (Reserved)
§ 207-6A Tree removal permit application:
1 to 4 trees $75
Each additional tree $15
§ 207-9 Replacement trees not planted $300 per tree
§ 219-44 Lot A Daytime Parking Permit, valid $900
January 1, through December 31. No parking is
allowed from 3:00 am to 5:00 am Tuesday
through Thursday.
Lot A Daytime Non-resident Parking Permit, $1,600
valid January 1,through December 31. No
Page 151 of 229
Code Section Subject Fee or Deposit
parking is allowed from 3:00 am to 5:00 am
Tuesday through Thursday.
Lot A Meter Parking Permit, valid $110, plus a meter fee of$.60 per
January 1, 2025, through December 31, 2025. Nohour required Monday through
parking is allowed from 3:00 am to 5:00 am Friday between the hours of 5:00
Tuesday through Thursday. am and 6:00 pm.
Lot A Single Use Daily Parking Permit, valid $10.00
5:00 am to 6:00pm.
Lot A Scooter/Motorcycle parking in designated $175
spaces require no additional fee if used as a
second `vehicle' in conjunction with an existing
parking permit, and an annual fee of$175.00
without an existing parking permit. No parking is
allowed from 3:00 am to 5:00 am Tuesday
through Thursday.
Lot B 24-Hour Parking Permit valid January 1 $1,000
through December 31.
Lot B 24-Hour Parking Permit valid January 1 $1,100
through December 31, second permit in Resident
Household.
Lot B 24-Hour Parking Permit valid January 1 $1,200
through December 31,third permit in Resident
Household.
Lot B Area Business Permit valid January 1, $700
2025, through December 31, 2025. Permit
holders may park beginning at 8:00 am and must
vacate by 6:00 pm, Monday through Friday.
Lot C Overnight Parking Permit valid January 1, $450
2025, through December 31, 2025. Permit
holders may park beginning at 7:30 pm and must
vacate the following morning by 7:30 am,
Monday through Thursday. Parking is permitted
weekends beginning at 7:30 pm on Friday and
ending Monday at 7:30 am.
Permit Cancellation - a refund of the next full $25
month forward from the return of the permit, less
a processing fee of$25,will be provided.
Permit Change—changing a permit to another $10
Page 152 of 229
Code Section Subject Fee or Deposit
vehicle by submitting the new registration and
driver's license (for Area Business permit only)
and exchanging the old pass for a new pass.
Replacement of lost or stolen permit(must $10
process Police Report prior).
§ 219-63 Residential parking permits $25 per motor vehicle per year
Permit change -- must exchange the old pass for $5
a new pass.
Replacement of lost or stolen permit(must $5
process Police Report prior).
§ 240-61A Special permit fees:
Application fee $300
Renewal $150
§ 240-91 Zoning Board of Appeals application
§ 240-91 Area variance, first request $300
§ 240-91 Each additional requested variance $125
§ 240-91 Interpretation, first request $200
§ 240-91 Each additional interpretation request §100
§ 240-91 Use variance $200
§ 240-91 Each additional use request $100
§ 240-91 Zoning variance extension $200
§ 240-91 Fee for advertising hearing by Board of Appeals $50
NA Bowling alley $250
NA Bounced check fee $20
NA Property tax fee (charge to tax service entities $5 per parcel/tax bill
for property tax payments without tax bill)
NA Accident report $0.25
per page
NA Complaint report $0.25 per page
NA Auctioning permits, per day $5
NA Auctioneering permit $100
Page 153 of 229
Code Section Subject Fee or Deposit
NA Certified copies of vital records $10
NA One Day Marriage Officiant Registration $25
NA Residential Property Record File Search (File $300
Review) and Pre-date Letter
Commercial and Multifamily Property Record $500
File Search (File Review) and Pre-date Letter
Page 154 of 229
7
0
ul 1 rrl Town of Mamaroneck
in
# x Town Center
FOUNDED 1661 i 740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Robert P. Wasp, Town Engineer
Re: MI3 Grant Award- EV Charging Stations
Date: September 17, 2025
Attached please find the award letter and IMA for the Westchester County Municipal Infrastructure
Improvement Initiative (MI3) grant which will cover 50% towards the cost of installing 4 Level 2 EV
chargers in Parking Lot A and 4 Level 2 chargers in Parking Lot B.
You may recall the combination of the MI3 program reimbursement and the Con Edison incentives
will result in in net $0 out of pocket cost for the Town. The Town will, however, be responsible for
advancing the payments for the County's share until County reimbursement is received.
Action Requested:
Resolved that the Town Board hereby approves the Intermunicipal Agreement between
the Town of Mamaroneck and Westchester County for the installation of EV chargers as
outlined in the IMA and hereby authorizes the Town Administrator to execute the
agreement and any related documents necessary to carry out its implementation.
Attachment/s:
MI3 Award Letter- Mamaroneck
EV Charging Station IMA (FINAL 6.5.25) mamaroneck updated
Page 155 of 229
WESTC-IC w
COUNTY QJ�**�*- IR�of�
Kenneth W.Jenkins �** '� *
County Executive cw, 4*
Department of Public Works and Transportation AiMMIII " r
I
Hugh J.Greechan,Jr.,P.E.,Commissioner '� CrSr,<I< `O
,9
Gayle M.Katzman,P.E.,First Deputy Commissioner ill S p o R1 '
Hernane De Almeida,P.E.,Deputy Commissioner
Town of Mamaroneck
c/o Robert Wasp
740 W Boston Post Road
Mamaroneck, NY 10543
Re: Municipal Infrastructure Improvement Initiative Application
July 25, 2025
Dear Applicant,
On behalf of Westchester County, I'm absolutely thrilled to officially notify you that your application for
the Municipal Infrastructure Improvement Initiative has been approved! This is a significant step
forward, and we're incredibly excited to partner with you on this vital program.
The Municipal Infrastructure Improvement Initiative (MI3) is designed to accelerate the widespread
availability of electric vehicle (EV) charging infrastructure across our county. By installing EV chargers
in various municipalities, we're not just putting plugs in the ground; we're building a more sustainable,
accessible future for all residents and visitors. This collaboration is about making EV charging truly
convenient and readily available to the public, driving forward our shared commitment to a greener,
healthier environment. Your participation is a crucial piece of this puzzle, and we genuinely view this as
a partnership where our combined efforts will lead to remarkable positive impacts.
To ensure a smooth and efficient process as we finalize our Intermunicipal Agreement (IMA) and
embark on this exciting partnership, we've established a single point of contact for any questions you
may have. While I oversee the broader program, all inquiries should be directed to:
Karen Solon
kgsn@westchestercountyny.gov
914-231-1294
Karen is your dedicated resource for all program-related questions and will be able to get you the
answers you need promptly, drawing on expertise from across the county as required.
To formalize our partnership and get these chargers installed, please follow these instructions carefully
when preparing your documents:
• IMA Commencement Date: When completing the Intermunicipal Agreement (IMA), please do
not fill in the commencement date. Leave this portion blank; we'll handle that on our end.
Michaelian Office Building
148 Martine Avenue,Room 518 the bee-line syst0rrr w.�.4�''
White Plains,New York 10601 Telephone: (914)995-2547 Fax:(914)995-4479 • r tiriti�>
RECYCLE
Page 56 of 229
• Printing and Notarization: Please print the IMA in duplicate (two copies). Both copies must be
signed and notarized by the appropriate parties within your municipality
• Certificate of Authority: Ensure you complete the Certificate of Authority, which formally
confirms the signing authority for your municipality
• Proof of Insurance: Please include proof of insurance with your submission as outlined in the
IMA.
• Original Signatures: It's crucial that both copies of the IMA returned to the County bear original
signatures. We cannot accept photocopies or digital signatures for this purpose
Please mail all signed documents, the completed Certificate of Authority, and proof of insurance to the
following address:
Karen Solon
35 Woods Road
Valhalla, NY 10595
We are incredibly enthusiastic about the impact this program will have. By expanding our EV charging
network, we are actively contributing to cleaner air, reduced carbon emissions, and a more sustainable
transportation future for everyone in Westchester County. Your commitment to this partnership is vital,
and we eagerly anticipate the successful installation and operation of these new charging stations.
Thank you again for joining us in this electrifying endeavor!
Sincerely,
Her ane De Almeid , P.E.
Deputy Commissioner
Page 157 of 229
INTERMUNICIPAL AGREEMENT
THIS AGREEMENT (the "Agreement") made this day of ,
2025 (the "Commencement Date")by and between:
THE COUNTY OF WESTCHESTER, a municipal corporation of the State of
New York, having an office and place of business in the Michaelian Office
Building, 148 Martine Avenue, White Plains,New York 10601 (hereinafter
referred to as the "County")
and
Town of Mamaroneck, a municipal corporation of the State of New York having
an office and principal place of business at 740 W Boston Post Road,
Mamaroneck,NY 10543 (hereinafter referred to as the "Municipality").
RECITALS:
WHEREAS, the County has established a program (the "Program")to encourage
and promote electric vehicle ("EV") charging stations in Westchester County on
municipally-owned property; and
WHEREAS, the Westchester County Board of Legislators adopted a Local Law
and Bond Act No. 2025-242 for capital project BPF39 on July 21, 2025 in the amount of
$5,000,000.00 to finance the Program and authorized the County to enter into inter-
municipal agreements with municipalities set forth in the Local Law to participate in the
Program (the "Participating Municipalities"); and
WHEREAS, the Municipality is the owner of certain real property described in
Schedule "A", which is attached hereto and made a part of this Agreement(individually,
the "Property" and, collectively, the "Property(ies)"), and has filed an application with
the County to participate in the Program; and
WHEREAS, the County wishes to enter into this Agreement with the
Municipality for it to participate in the Program; and
1
Page 158 of 229
WHEREAS, through the Program,the County wishes to reimburse the
Municipality for a portion of the costs it incurs to design,purchase and install the EV
charging station(s) and appurtenances thereto on the Property(ies), including the costs for
construction of the infrastructure necessary to install the EV charging station(s), as set
forth in this Agreement(individually, the"Project" and, collectively, the "Project(s)");
and
WHEREAS, Project(s)that qualify for County assistance under this Agreement
are either(1) new EV charging stations project(s) as of the date of execution of this
Agreement, or(2) EV charging station project(s) that are in progress but not substantially
completed as of the date of execution of this Agreement.
NOW,THEREFORE, in consideration of the terms and conditions contained
herein, the parties agree as follows:
ARTICLE I
TERM
Section 1.0. The recitals are hereby incorporated by reference into the body of
this Agreement.
Section 1.1. The term of this Agreement shall commence upon the
Commencement Date and shall be equal to the life of any bonds issued by the County to
fund the Program.
ARTICLE II
EV CHARGING STATION PROJECT(S)
Section 2.1. The Municipality shall provide or contract for all labor,materials
and equipment needed to design,purchase and install the following Project(s) as
described in the scope(s) of work, attached hereto and made a part hereof as Schedule
"B", and in accordance with the terms of this Agreement.
2
Page 159 of 229
Parcel ID/Properties on which the Location Name # Charging Stations
charging stations will be installed
1-26-624 Parking Lot A 2 stations
Extension (4 ports)
1-33-840 Parking Lot B 2 stations
(4 ports)
The Municipality shall submit within 90 days of the Commencement Date
construction drawings and specifications (the "Construction Drawings") signed and
sealed by a professional engineer licensed in the State of New York for each Project.
Construction Drawings shall include,but are not limited to, site plans, structural plans,
mechanical plans and electrical plans. The Construction Drawings are to delineate all
existing and proposed conditions and are to be developed in accordance with all
applicable federal, state and local laws, rules, regulations, codes, standards, and
requirements. No construction shall commence until the Construction Drawings are
submitted to the County Commissioner of Public Works and Transportation or his duly
authorized designee (the "Commissioner"). Such Construction Drawings will be deemed
incorporated herein by reference. All work on the Project(s) shall be in conformance
with the Construction Drawings unless otherwise approved by the Commissioner.
The Municipality shall undertake and complete the Project(s) in accordance with
all applicable federal, state and local laws,rules, regulations, codes, standards and
requirements.
The Municipality represents that procurement for the purchase and installation of
the Project(s)will be pursuant to section 103 of the General Municipal Law as applicable.
In no event shall the retention of contractor(s)by the Municipality for Project(s)relieve
3
Page 160 of 229
or otherwise discharge the Municipality from its obligations under this Agreement or
create a third party beneficiary relationship between the County and such contractor(s),
and the parties hereto expressly disclaim any intention to create such a relationship.
The design,purchase, and installation of the Project(s)will be carried on
continuously, diligently and with dispatch to final completion, and said construction will
be completed within 12 months of execution hereof unless extended with the written
consent of the Commissioner.
Section 2.2. Approved budgets showing the total cost to design, purchase and
install the Project(s) are set forth in Schedule "C", which is attached hereto and made a
part hereof(the "Budget(s)").
In exchange for the Property(ies) and the Project(s)thereon being open and
accessible to all County residents, the County agrees to finance a portion of the Budget(s)
in a total amount not to exceed ONE HUNDRED FORTY THREE THOUSAND,
THREE HUNDRED THIRTY ONE DOLLARS AND FIFTY-SEVEN CENTS
($143,331.57) DOLLARS (the "Funds"), payable following submission of invoices by
the Municipality according to the terms set forth in this Agreement.
The Commissioner, in his/her sole discretion, may approve in writing an
amendment to the scopes of work(s), Budget(s) and/or the not to exceed Funds amount,
provided, however, the aggregate amount payable under this Agreement and under the
agreements entered into between the County and all other Participating Municipalities
under the Program shall not exceed$5,000,000.00.
For purposes of this Agreement, the term "County Contribution" means an
amount up to fifty percent(50%) of the total cost of the Project(s) as set forth in the
Budget(s), subject to the following conditions, limitations and reductions:
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(1)the fifty percent(50%)will be reduced if the Municipality receives funding
from any other sources for the Project(s), such as incentives from Con Edison, or
other incentives, rebates or grants. By way of example,if the total cost of a
Project is $200,000.00, then the County Contribution will be the following:
(i) If the Municipality receives $100,000.00 in funding from other
sources,the County Contribution will be $100,000.00.
(ii) If the Municipality receives $110,000.00 in funding from other
sources, the County Contribution will be reduced to $90,000.00.
(iii) If the Municipality receives $80,000.00 in funding from other sources,
the County Contribution will be $100,000.00, and the Municipality shall
be responsible for$20,000.00.
(2)the fifty percent(50%) shall only reimburse for the cost of work performed:
(i) on the Property(ies), or
(ii) on public right of ways to access electricity for the Project(s)from
power lines that are situated within public right of ways. The
Municipality shall be responsible for obtaining prior written approval from
the utility companies to access the public right of ways and power source.
(3)the fifty percent(50%) shall only reimburse for costs in the Budget(s)that
come within the terms of this Agreement provided the Municipality is in compliance with
the terms of the Agreement and in no event shall the total amount of the County
Contribution exceed the not to exceed amount for the Funds set forth in above.
The Municipality shall be responsible for the total amount of the Budget for each
Project, less the reimbursement by the County of the County Contribution, and should the
total cost of any Project exceed its Budget amount,the Municipality shall be solely
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responsible for any such additional amount and remaining costs and expenses for the
Project(collectively,the "Municipality Contribution").
The Municipality is solely responsible for any over expenditure or improper
expenditure relating to the Projects, and the County assumes no responsibility for any
over expenditure or improper expenditure.
Except as otherwise expressly stated in this Agreement, no payment shall be made
by the County for out of pocket expenses or disbursements made in connection with the
design,purchase and installation the Project(s).
The Funds to be paid with the proceeds of County bond proceeds will be paid in
accordance with the payment provisions set forth in this Agreement.
The County will make payment of the Funds to the Municipality to reimburse the
Municipality for costs in the Budget(s)that it incurs in accordance with the terms of this
Agreement up to the amount of the County Contribution.
The County in its sole discretion may make an advance payment of up to one-half
of the County Contribution for each Project upon submission of an invoice from the
Municipality as set forth herein. Such advance payment shall be expended by the
Municipality solely and exclusively to pay for the costs permitted as a County
Contribution. As work progresses, the Municipality shall submit to the County receipts
and other documentation satisfactory to the Commissioner showing use of the advance
payment by the Municipality to pay for the costs permitted under this Agreement.
Should a Project fail to be fully constructed and installed in accordance with the terms of
this Agreement, the Municipality shall repay such advance payment to the County, or the
County shall have the right to deduct such amount from any payment due the
Municipality under any other contract entered into or subsequently entered into between
the County and the Municipality. Upon the Project(s) being fully constructed and
operational to the satisfaction of the Commissioner, the County shall pay the
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Municipality the remaining amount of the County Contribution (or the full amount of the
County Contribution if no advance payment was made)to reimburse the Municipality for
the costs incurred that constitute County Contribution costs upon it submitting an invoice
as set forth herein.
The Municipality shall submit all requests for payment with an invoice, which
shall be uniquely numbered, and paid only after submission of all requested
documentation concerning the Project or costs and approval of the invoice by the
Commissioner. The Municipality shall use best efforts to provide sufficient detail on the
invoices and backup documentation to substantiate the basis of the costs permitted as a
County Contribution. In no event shall final payment be made to the Municipality for a
Project prior to the successful completion of the Project and the approval of same by the
Commissioner.
The County will not be liable for any costs in excess of the County Contribution.
The County will not be liable for any costs or expenses for the Project(s)paid by the
Municipality prior to the execution of this Agreement.
The Municipality will promptly pay all agent(s), contractor(s) and
subcontractor(s) for work performed in connection with the design,purchase and
installation of the Project(s). In the event the cost to design,purchase and install the
Project(s) exceeds the Budget amount for the Project, the Municipality shall be solely
liable to pay said excess.
Funds shall be used to pay for costs permitted as a County Contribution incurred
by the Municipality solely and exclusively for the Project(s) in accordance with the terms
of this Agreement.
Prior to the making of any payments hereunder,the County, may, at its option,
audit such books and records of the Municipality as are reasonably pertinent to this
Agreement to substantiate the basis for payment. The Municipality will, and will require
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any agent(s), contractor(s) and sub-contractor(s), to make their books and records
available to the County for audit and inspection at reasonable times and upon reasonable
notice. The County will not be restricted from withholding payment for cause found in
the course of such audit or because of failure of the Municipality to cooperate or cause
cooperation of any agent(s), contractor(s) and sub-contractor(s)with such audit. The
County will, in addition, have the right to audit such books and records for a term of not
less than seven (7)years subsequent to payment, noting that such records shall be
retained for said period in accordance with State law.
At the County's request, the Municipality shall certify, or provide an audited
report from a Certified Public Accountant in which the auditor certifies, that the County
Contribution was spent in compliance with the Agreement and did not replace funds
previously provided to the Municipality from another source, nor contributed to any
surplus.
In the event an audit reflects overpayment by the County or that monies were not
fully expended or that monies were improperly expensed,then the Municipality shall
reimburse to the County the amount of such overpayment, underpayment or improper
payment within 30 days of notice from the County.
Payments hereunder to the Municipality by the County will operate to release the
County from any and all obligations or liabilities to the Municipality and its respective
agent(s), contractor(s) and sub-contractor(s) in connection herewith. Notwithstanding the
foregoing, the County expressly disclaims the existence of any third party beneficiary
relationship between the County and any such agent(s), contractor(s) and sub-
contractor(s).
Section 2.3. The County shall have the right to enter the Property(ies) and
conduct inspections of the Project(s). The County will take all necessary safety
precautions in doing so and will conduct such inspections in such a way as to minimize
any interference with the activities contemplated hereunder.
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ARTICLE III
LEASE OF PROPERTY
Section 3.0. Subject to the terms and conditions of Article II, and in order to
facilitate the issuance of County bonds and/or notes to finance the County Contribution,
the Municipality hereby grants to the County a lease permitting the County to use and
occupy the Property(ies) and Project(s). It is also recognized and understood that the
County's sole responsibility shall be to provide an amount not to exceed the amount of
the County Contribution and the Municipality shall assume all other responsibilities for
all other costs and expenses related to the Project(s) and the Propert(ies).
Section 3.1. It is recognized and understood that the purpose of the lease
described in Section 3.0 hereof is to give the County the necessary interest in the real
property to be able to issue County bonds or notes to finance the County Contribution,
and to ensure that the County and its residents shall receive a continuing benefit from the
Project(s), and the County shall have no responsibilities, duties or liabilities to the
Municipality or any third parties under the lease other than to provide funding as set forth
in Section 2.2 above.
Section 3.2. The consideration for this lease shall be that the Municipality shall
ensure that the Property(ies) and EV Charging Station Project(s) are open and accessible
to all residents of the County.
Section 3.3. After execution of this Agreement, the Municipality shall be solely
responsible for any and all other responsibilities, duties and liabilities related to the
Property(ies) and Project(s), other than what the County has specifically committed to in
Section 2.2 above. Nothing herein shall be construed to prevent the Municipality from
seeking liability protection from third parties, such as from its contractors,but the County
shall have no duty to look to any third party for contractual defense and indemnity as
defined hereunder.
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ARTICLE IV
RIGHTS AND RESPONSIBILITIES OF THE MUNICIPALITY
Section 4.0. In addition to, and not in limitation of the insurance requirements
contained in Schedule "D" entitled"Standard Insurance Provisions", attached hereto and
made a part hereof, the Municipality agrees that except for the amount, if any, of damage
contributed to, caused by or resulting from the sole negligence or intentional or willful
misconduct of the County, its elected officials, officers, employees and agents:
(a)the Municipality shall indemnify and hold harmless the County,its elected
officials, officers, employees and agents from and against any and all liability, damage,
claims, demands, costs,judgments, fees, attorneys' fees or loss arising directly or
indirectly out of the Project(s), the Property(ies), this Agreement, or the acts or omissions
hereunder by the Municipality or third parties under the direction or control of the
Municipality; and
(b)to provide defense for and defend, at its sole expense, any and all claims,
demands or causes of action brought against the Indemnities (defined in Section 4.0(c)
below) arising directly or indirectly out of the Project(s),the Property(ies) or this
Agreement and to bear all other costs and expenses related thereto; and
(c) the Municipality shall defend, indemnify and hold harmless the County, its
officials, officers, employees and agents (the "Indemnitees") from and against, any and
all liability, damage, claims, demands, costs,judgments, fees, attorney's fees or loss, that
may be imposed upon or incurred by or asserted against any of the Indemnities by reason
of any of the following:
(i) Work. Any construction, installation, repair, alteration, addition,
replacement, restoration or other work done by or on behalf of
Municipality in, on or about the Project(s) or Property(ies) or any
part thereof;
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(ii) Use. The use, occupation, condition, operation,maintenance,
management or supervision of or providing security for all or any
portion of the Project(s) or Property(ies), by or on behalf of the
Municipality;
(iii) Act or Failure to Act of Municipality. Any act performed by, or
any failure to perform any act required to be performed by the
Municipality, a third party under its direction or control, or any of
the Municipality's officers, agents, contractors, subcontractors,
servants, employees, or invitees in connection with this
Agreement, the Project(s) or the Property(ies);
(iv) Accidents, Injury to Person or Property. Any accident, injury,
(including death at any time resulting therefrom) or damage to any
person, including, without limitation, employees of the
Municipality or any Indemnitee unless arising from the negligent,
intentional or willful conduct of an Indemnitee, or property
occurring in, on, or about the Property(ies) or any part thereof, or
adjoining or adjacent thereto;
(v) Breach of Municipality's Obligation. Any failure or refusal on the
part of the Municipality to perform its obligations pursuant to this
Agreement; or
(vi) Municipality's Obligations. The Municipality's failure, within any
applicable grace period, to perform or comply with any of the
covenants, terms or conditions contained in this Agreement on the
Municipality's part to be kept, observed,performed or complied
with within any applicable grace period.
(vii) Breach of Representation or Warranties. Any material
misrepresentation or material omission in any representations,
warranties or covenants provided by the Municipality under this
Agreement.
The Municipality shall promptly notify the County in writing of any claims made
or any suits instituted against the Municipality of which it has knowledge arising from its
performances hereunder or in connection with this Agreement or in connection with the
Project(s) or the Property(ies).
In the event the Municipality does not provide the above defense and
indemnification to the County, and such refusal or denial to provide the above defense
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and indemnification is found to be in breach of this Agreement, then the Municipality
shall reimburse the County's reasonably attorney's fees incurred in connection with the
defense of any action, and in connection with enforcing this Section of the Agreement.
The Municipality may provide proof of self-insurance in lieu of an insurance
policy pursuant to Schedule"D". Any proof of self-insurance shall be subject to the
approval of the County Director of Risk Management.
Section 4.1. The Municipality shall be responsible for the operation,
management, maintenance and security of the Property(ies) and Project(s),including, but
not limited to, all software and hardware services, networks, data management, customer
support and operational services (collectively, "Management Agreements")to support the
operation of the Project(s), at the Municipality's sole cost and expense, for the term of
this Agreement. The Project(s) shall be operated as electric vehicle charging stations and
shall be available to all County residents for the term of this Agreement.
To the extent any fees are charged by the Municipality either directly or through a
Management Agreement, for the use of the Project(s) or Property(ies), the fees charged to
non-residents of the Municipality shall not exceed the fees charged to the Municipality's
residents. All Management Agreements shall comply with the Tax Covenants set forth in
Article VII of this Agreement.
Section 4.2. The Municipality shall, at its sole cost and expense, continuously
throughout the term of this Agreement, provide reasonable and adequate security and
safety for the Project(s) and Property(ies)through the Municipality's police depaitiuent
or other agency designated to provide such police services.
Section 4.3. The Municipality shall, at its sole cost and expense, operate,
manage, maintain, repair and properly supervise the Project(s) and Property(ies), it being
understood and agreed that such operation, management, maintenance, repair and
supervision shall be performed by the Municipality to the satisfaction of the
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Commissioner. The Municipality shall defend and indemnify the County from any
liability that may arise from any failure of the Municipality to perform its obligations
under this Subsection.
Section 4.4. Following the installation of each Project, the Project shall be
available to all residents of the County as required by this Agreement.
Section 4.5. The Municipality shall, at its own cost and expense,promptly
comply with all statutes, ordinances, rules, orders,regulations, codes and requirements of
the federal, state, County and local governments and all insurance requirements
applicable to the Project(s) and Property(ies) or any part thereof or applicable to this
Agreement. After construction of a Project is completed, the Commissioner shall be
entitled to enter the Property, or any part thereof, at any and all times for any and all
purposes, without the need to obtain the consent or permission of the Municipality.
Section 4.6. All advertising and signage to be utilized by the Municipality in
connection with the operation of the Property(ies) shall be subject to the prior written
approval of the Commissioner and shall be provided in advance for review. The
Municipality shall acknowledge the County's contribution towards each Project on any
signs erected at the Property(ies) for the Project(s) and on any other publications,
documents, etc. mentioning the Project(s).
Section 4.7. In the event the Municipality does not comply with a provision in
this Article,the County shall have the right to cure such noncompliance upon thirty (30)
days' notice from the County to the Municipality, except in emergencies when such
notice period in the County's sole and unreviewable judgment shall be shorter. The cost
to cure such noncompliance shall be borne by the Municipality. The failure of the
Municipality to reimburse the County for the cost to cure such compliance within thirty
(30) days of a written notice demanding such reimbursement shall be deemed a material
breach of this Agreement.
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Section 4.8. After completion of installation of the Project(s), the Municipality
shall not install any fixtures or make any additions, development, improvements or
alterations to the Project(s), other than routine maintenance or repair, without the prior
written consent of the Commissioner, which shall not be unreasonably withheld. Any
such additions, development, improvements or alterations shall be made at the
Municipality's sole cost and expense unless otherwise agreed to by the County and the
Municipality. The Municipality shall submit all plans and specifications for all such
additions, development, improvements and alteration to the Commissioner for approval.
All such additions, development, improvements and alteration shall be completed in a
thoroughly workmanlike manner and shall immediately become annexed to and be made
a part of the Property.
Section 4.9. It is understood and agreed to between the parties that the
Property(ies) are to be used during the term of this Agreement for the use and benefit of
the County residents as EV charging station(s) as set forth in this Agreement.
Section 4.10. Except for the amount of funding to be advanced or reimbursed by
the County under Section 2.2 above, the Municipality shall be responsible for all costs in
relation to the Project(s), Property(ies) and this entire Agreement, and, under no
circumstances or conditions, whether now existing or hereafter arising, or whether
beyond the present contemplation of the parties, shall the County be expected or required
to make any payment of any kind whatsoever or be under any other obligation or liability
hereunder except as herein otherwise expressly set forth.
Section 4.11. The Municipality shall pay any and all taxes, assessments, special
assessments,personal property and intangible taxes, gross receipts, sales,use or
occupancy taxes,water and sewer charges, rates and rents, charges for public utilities,
excises, levies, license and permit fees and other charges, general and special, ordinary
and extraordinary, foreseen and unforeseen, of any kind and nature whatsoever, arising
from the use or ownership of the Project(s) or the Property(ies)which shall or may be
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assessed levied, charged, confirmed or imposed upon or become payable out of or
become a lien on the Property(ies) or any part thereof.
Section 4.12. The Municipality represents that is has complied with the
requirements of the State Environmental Quality Review Act, and its implementing
regulations, 6 NYCRR Part 617, ("SEQRA") with regard to the Project(s), including
conducting coordinated review with the County as an involved agency unless otherwise
directed by the County.
Section 4.13. The provisions of this Article IV shall survive termination or
expiration of this Agreement.
ARTICLE V
RESPONSIBILITIES OF THE COUNTY
Section 5.0. The County shall have no responsibility for anything other than that
set forth in Section 2.2 above.
ARTICLE VI
REPRESENTATIONS OF THE MUNICIPALITY
Section 6.1. The Municipality represents and warrants as follows:
(a) The design, supervision and workmanship furnished by the Municipality with
respect to the installation of the Project(s)will be in accordance with sounds and
currently accepted scientific standards and best engineering practices;
(b) It will use its best efforts to assure and shall require in any contract
documents with its contractors and subcontractors that all materials, equipment and
workmanship furnished by contractors and subcontractor of the Municipality in
performance of the work or any portion thereof shall be free of defects in design,material
and workmanship, and all such materials and equipment shall be of first-class quality,
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shall conform with all applicable codes, specifications, standards and ordinances and
shall have service lives and maintenance characteristics suitable for their intended
purposes in accordance with sound and currently accepted scientific standards and best
engineering practices;
(c) To the best of the Municipality's current knowledge and information the
Budget(s) attached hereto and forming a part hereof as Schedule"C"lists the anticipated
true and correct costs for the Project(s);
(d) The consummation of the transactions contemplated by this Agreement and
the performance of the Municipality's obligations hereunder will not result in any breach
of or constitute a default under other instruments or documents to which the Municipality
is a party or by which it may be bounds or affect; and
(e) It is the fee title holder of the Property(ies).
ARTICLE VII
TAX COVENANTS
Section 7.0. Tax Covenants. For so long as any federally tax-exempt County
bonds issued to finance the Project(s)remain outstanding, the Municipality covenants as
follows (as used in this section, the term "bonds" shall also include short-term notes):
(a) The Municipality shall at all times do and perform all acts and things
necessary or appropriate under any current and valid provision of law, and that are within
the Municipality's control, in order to assure, in the opinion of the County's bond
counsel, that the interest on County bonds shall not be included in the gross income of the
owners of the County bonds for federal income tax purposes under the Internal Revenue
Code of 1986, as amended(the "Code"). The Municipality will take no action to cause
the interest on the County bonds to be included in the gross income of the owners of the
County bonds for federal income tax purposes under the Code.
(b) The Municipality shall not use or permit any use of the Project(s)
purchased or installed with the proceeds of any County bonds, which, in the opinion of
the County's bond counsel, would cause the County bonds to be or become "private
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activity bonds"within the meaning of Section 141 of the Code, and the Municipality
hereby covenants that it shall not permit any individual or entity other than the County,
the Municipality or any other unit or instrumentality of a State or local government acting
through its officers and employees ("Non-Governmental Person") to "use directly or
indirectly in a trade or business carried on by such person" (within the meaning of
Section 141 of the Code), any portion of the Project(s)without the prior written consent
of the County.
(c) The Municipality will, and will require any agent(s), contractor(s) and
sub-contractor(s), to cooperate with the County in providing documentation,
certifications or other reasonably required information to support the conclusion that such
bonds and/or notes meet the requirements of federal tax-exemption.
(d) The provisions of this Article VII shall survive the expiration or
termination of this Agreement.
Section 7.1. Tax Compliance Procedures. In order to implement compliance
with the tax covenants of Section 7.0 hereof, the County and the Municipality agree as
follows:
(a) County Consent Regarding Management Agreements.
(i) Procedure. The Municipality shall not enter into any agreement for
Private Business Use (as defined in Section 141 (b)(6) of the Code), including but not
limited to any Management Agreement,for the Project(s)unless the Municipality first
requests in writing the County's consent to such activity and the County so consents in
writing.
(ii) Indemnification. The Municipality shall indemnify and hold the
County harmless from any loss, cost, damage or expense arising from or connected with a
claim of loss of the tax-exempt status of interest on the County's bonds as a result of the
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use of the Project(s), including Management Agreements, to which the County has not
consented pursuant to this Subsection 7.1(a).
(b) Certification by Municipality of Tax Compliance.
(i) Annual Certification. At the request of the County, the Chief
Executive Officer of the Municipality shall provide the County with a certification in the
form acceptable to the County that the Municipality's Management Agreement(s), if any,
are in compliance with the Code, regulations of the Treasury Department and
pronouncements of the Internal Revenue Service.
(ii) Indemnification; Inability to Provide Certifications. The Municipality
agrees to indemnify and hold the County harmless from and against any loss, cost or
expense arising from or connected with any claim of loss of the tax-exempt status of
interest on the County bonds as a result of(A) any material misrepresentation or material
omission in a certification provided by the Municipality pursuant to this section or(B)
notification by the Municipality that it is unable to provide the certification required by
this subsection. The Municipality shall promptly notify the County of any inability to
provide any certification required by this subsection and of the reason therefore and the
Municipality further agrees expeditiously to provide to the County all information
pertinent to its inability to provide such certification.
ARTICLE VIII
NOTICES
Section 8.0. All notices of any nature referred to in this Agreement shall be in
writing and either sent by registered or certified mail postage pre-paid, or sent by hand or
overnight courier, to the respective addresses set forth below or to such other addresses as
the respective parties hereto may designate in writing. Notice shall be effective on the
date of receipt.
To the County:
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Commissioner of Public Works and Transportation
County of Westchester
148 Martine Avenue, Room 528
White Plains,New York 10601
with a copy to:
County Attorney
148 Martine Avenue, Room 600
White Plains,New York 10601
To the Municipality:
Town of Mamaroneck
740 W Boston Post Road
Mamaroneck,NY 10543
ARTICLE IX
MISCELLANEOUS
Section 9.0. Any purported delegation of duties or assignment of rights by either
party to this Agreement without the prior express written consent of the other party is
void.
Section 9.1. In the event that the Municipality materially defaults in the
performance of any term, condition or covenant herein contained, the County, at its
option and in addition to any other remedy it may have to seek damages,judicial
enforcement or any other lawful remedy, may terminate this Agreement upon ninety (90)
days notice to the Municipality; provided,however, that the Municipality may defeat
such notice by curing the default complained of within such notice period, or, if any such
default is not curable within such notice period by promptly commencing to cure the
default and diligently pursuing all necessary and appropriate action to effect such cure.
This provision shall not affect the termination provision found in Section 4.7 of this
Agreement. In the event this Agreement is terminated, the Municipality shall have one
hundred eighty (180) days from the effective termination date to pay the County, as
liquidated damages, the full amount paid by the County pursuant to this Agreement.
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Section 9.2. It is mutually understood and agreed that the terms, covenants,
conditions and agreements herein contained shall be binding upon the parties hereto and
upon their respective successors, legal representatives and assigns. Nothing in this
Agreement shall act to confer third-party beneficiary rights on any person or entity not a
party to this Agreement.
Section 9.3. This Agreement and its attachments constitute the entire agreement
between the parties hereto with respect to the subject matter hereof and shall supersede
all previous negotiations, commitments and writings. This Agreement shall not be
released, discharged, changed or modified except by an instrument in writing signed by a
duly authorized representative of each of the parties, and approved by the Office of the
County Attorney.
Section 9.4. It is recognized and understood that the Municipality is not an agent
of the County and in accordance with such status, the Municipality, its consultant(s), its
contractor(s), its subcontractor(s), and their respective officers, agents, employees,
representatives and servants shall at all times during the term of this Agreement neither
hold themselves out as, nor claim to be acting in the capacity of officers, employees,
agents, representatives or servants of the County,nor make any claim, demand or
application for any right or privilege applicable to the County, including without
limitation, rights or privileges derived from workers compensation coverage,
unemployment insurance benefits, social security coverage and retirement membership or
credit.
Section 9.5. This Agreement shall not be enforceable until signed by both parties
and approved by the Office of the County Attorney.
Section 9.6. In the event that any one or more provisions, sections, subsections,
clauses or words of this Agreement are for any reason held to be illegal or invalid, such
illegality or invalidity shall not affect any other provision of this Agreement, but this
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Agreement shall be construed and enforced as if such illegal or invalid section,
subsection, clause or word has not been contained herein.
Section 9.7. The Municipality agrees to observe and obey any and all federal,
state and local laws, rules, regulations, and requirements, and to require its officers,
agents, employees, contractors, and suppliers to observe and obey the same.
Section 9.8. This Agreement shall be deemed executory only to the extent of
funds appropriated and made available for the purpose of this Agreement and no liability
on account thereof shall be incurred by the County beyond the amount of such
appropriated funds.
Section 9.9. All covenants, stipulations,promises, agreements and obligations of
the Municipality and the County contained herein shall be deemed to be stipulations,
promises, agreements and obligations of the Municipality and the County and not of any
member, officer or employee of the Municipality or the County in his individual capacity
and no recourse shall be had for any obligation or liability herein or any claim based
thereon against any member, officer or employee of the Municipality or the County or
any natural person executing this Agreement.
Section 9.10. The parties each agree to execute and deliver such further
instruments and to obtain such additional authority as may be required to carry out the
intent and purpose of this Agreement.
Section 9.11. This Agreement may be executed in two or more counterparts and
all counterparts so executed shall for all purposes constitute one agreement binding upon
all the parties hereto.
Section 9.12. Failure of any party to insist upon strict performance of any term,
condition or covenant of this Agreement shall not be deemed to constitute a waiver or
relinquishment of such term, condition or covenant for the future right to insist upon and
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to enforce by injunction or by other legal or appropriate remedy strict compliance by any
other party with such term, condition or covenant.
Section 9.13. Pursuant to Section 308.01 of the Laws of Westchester County, it is
the goal of the County to use its best efforts to encourage, promote and increase the
participation of business enterprises owned and controlled by persons of color or women
in contracts and projects funded by all depaitinents of the County. Under this Agreement
it is recognized and understood that the County encourages the Municipality to do
similarly.
Section 9.14. In the event that all or any part of the Property(ies) shall be taken
in a condemnation proceeding, or by right of eminent domain, or by agreement by any
governmental authority authorized to exercise such rights, then, and in any such event,
any such condemnation proceeds payable to the County for its interest in the
Property(ies) shall be distributed to the County.
Section 9.15. The Municipality represents that it has all requisite power and
authority to execute, deliver and perform this Agreement, and this Agreement has been
duly authorized by all necessary parties. The County represents that this Agreement has
been approved by the Board of Legislators of the County of Westchester on the 21st day
of July, 2025 by Local Law No. 2025-241.
Section 9.16. The headings in this Agreement are for reference purposes only
and shall not be used in construing the terms of this Agreement.
[Remainder of page intentionally left blank]
22
Page 179 of 229
IN WITNESS WHEREOF,the County and the Municipality have caused this
Agreement to be executed.
THE COUNTY OF WESTCHESTER
By
Hugh J Greechan, Jr. PE
Commissioner of Department of Public Works and
Transportation
THE MUNICIPALITY
By
(Name and title)
Authorized by Local Law No. 2025-241 adopted by the Board of Legislators of the
County of Westchester on the 21st day of July, 2025.
Approved:
Associate County Attorney
County of Westchester
S/Noe/DPW/EV Charging Station IMA
23
Page 180 of 229
MUNICIPALITY'S ACKNOWLEDGEMENT
STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER)
On the day of in the year 2025 before me, the undersigned, a
Notary Public in and for said State,personally appeared
, personally
known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose
name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed, the instrument.
Notary Public County
24
Page 181 of 229
CERTIFICATE OF AUTHORITY
(Municipality)
(Officer other than officer signing contract)
certify that I am the of the
(Title)
(Name of Municipality)
(the "Municipality") a corporation duly organized in good standing under the
(Law under which organized, e.g., the New York Village Law, Town Law, General
Municipal Law)
named in the foregoing agreement that
(Person executing agreement)
who signed said agreement on behalf of the Municipality was, at the time of execution
of the Municipality,
(Title of such person),
that said agreement was duly signed for on behalf of said Municipality by authority of its
(Town Board, Village Board, City Council)
thereunto duly authorized, and that such authority is in full force and effect at the date
hereof.
(Signature)
STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER)
On the day of in the year 2025 before me, the undersigned,
a Notary Public in and for said State,personally appeared
,personally
known to me or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s)is (are) subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed, the instrument.
Notary Public County
Page 182 of 229
SCHEDULE „A-
(LIST OF PROPERTY(IES))
Parcel ID/Properties on which the Location Name
charging stations will be installed
1-26-624 Parking Lot A
Extension
1-33-840 Parking Lot B
2
Page 183 of 229
SCHEDULE „B"
SCOPE(S) OF WORK FOR EV CHARGING STATION PROJECT(S)
• Design and engineering.
o Project design and specification of charging equipment.
o Engineering drawings.
• Permitting and inspections with authority having jursidiction (AHJ).
• Management and submission of incentive paperwork.
• Supply of and installation of charging hardware.
o (2) ChargePoint CP6021, SOA 12kW, Dual Port Pedestal Mounted.
o (2) ChargePoint Concrete Mounting Kit.
• Construction and Project Management.
o Project plan at time of kick off outlining task and project schedule, key
personnel, scope, etc.
[pre project site visit upon request).
o Daily virtual check ins with the on-site subcontractor, including video
call and photo sharing.
o Weekly progress reports (daily upon request) with a two week look
out plan/schedule.
o Virtual punch list meeting with customer and
subcontractor (post project site visit upon request).
• Electrical Infrastructure As per INF/Enginer of Record Drawings:
EVSE One Line Diagram E-2 dated 04/18/2024.
o Install 400A Trans-S Switch to feed 400A Panel to feed (4) dual port
CP6000
• Supply and installation of miscellaneous items.
o (6) Bollards.
o (4) EV signage kits.
o (4) Striping and Stenciling.
• Startup and commissioning of new system.
• Coordination with electric utility as needed.
3
Page 184 of 229
4
Page 185 of 229
SCHEDULE C
BUDGET(S) FOR EV CHARGING STATION PROJECT(S)
Parcel ID/Properties on which the Location Name Budget
charging stations will be installed
1-26-624 Parking Lot A $71,717.72
Extension
1-33-840 Parking Lot B $71,613.85
5
Page 186 of 229
SCHEDULE "D"
STANDARD INSURANCE PROVISIONS
(Municipality)
1. Prior to commencing work, and throughout the term of the Agreement, the
Municipality shall obtain at its own cost and expense the required insurance as delineated
below from insurance companies licensed in the State of New York, carrying a Bests
financial rating of A or better. Municipality shall provide evidence of such insurance to
the County of Westchester("County"), either by providing a copy of policies and/or
certificates as may be required and approved by the Director of Risk Management of the
County ("Director"). The policies or certificates thereof shall provide that ten (10) days
prior to cancellation or material change in the policy, notices of same shall be given to
the Director either by overnight mail or personal delivery for all of the following stated
insurance policies. All notices shall name the Municipality and identify the Agreement.
If at any time any of the policies required herein shall be or become
unsatisfactory to the Director, as to form or substance, or if a company issuing any such
policy shall be or become unsatisfactory to the Director, the Municipality shall upon
notice to that effect from the County,promptly obtain a new policy, and submit the
policy or the certificate as requested by the Director to the Office of Risk Management of
the County for approval by the Director. Upon failure of the Municipality to furnish,
deliver and maintain such insurance, the Agreement, at the election of the County,may
be declared suspended, discontinued or terminated.
Failure of the Municipality to take out, maintain, or the taking out or
maintenance of any required insurance, shall not relieve the Municipality from any
liability under the Agreement, nor shall the insurance requirements be construed to
conflict with or otherwise limit the contractual obligations of the Municipality concerning
indemnification.
All property losses shall be made payable to the "County of Westchester" and
adjusted with the appropriate County personnel.
In the event that claims, for which the County may be liable, in excess of
the insured amounts provided herein are filed by reason of Municipality's negligent acts
or omissions under the Agreement or by virtue of the provisions of the labor law or other
statute or any other reason, the amount of excess of such claims or any portion thereof,
may be withheld from payment due or to become due the Municipality until such time as
the Municipality shall furnish such additional security covering such claims in form
satisfactory to the Director.
In the event of any loss, if the Municipality maintains broader coverage
and/or higher limits than the minimums identified herein, the County shall be entitled to
the broader coverage and/or higher limits maintained by the Municipality. Any available
insurance proceeds in excess of the specified minimum limits of insurance and coverage
shall be available to the County.
6
Page 187 of 229
2 The Municipality shall provide proof of the following coverage (if
additional coverage is required for a specific agreement, those requirements will be
described in the Agreement):
a) Workers' Compensation and Employer's Liability. Certificate form C-105.2 or
State Fund Insurance Company form U-26.3 is required for proof of compliance
with the New York State Workers' Compensation Law. State Workers'
Compensation Board form DB-120.1 is required for proof of compliance with the
New York State Disability Benefits Law. Location of operation shall be "All
locations in Westchester County,New York."
Where an applicant claims to not be required to carry either a Workers'
Compensation Policy or Disability Benefits Policy, or both, the employer must
complete NYS form CE-200, available to download at: http://www.wcb.ny.gov.
If the employer is self-insured for Workers' Compensation, he/she should present
a certificate from the New York State Worker's Compensation Board evidencing
that fact(Either SI-12, Certificate of Workers' Compensation Self-Insurance, or
GSI-1052, Certificate of Participation in Workers' Compensation Group Self-
Insurance).
b) Commercial General Liability Insurance with a combined single limit of
$1,000,000 (c.s.1)per occurrence and a$2,000,000 aggregate limit naming the
"County of Westchester" as an additional insured, as its interest may appear, on a
primary and non-contributory basis. This insurance shall include the following
coverages:
i. Premises - Operations.
ii. Broad Form Contractual.
iii. Independent Contractor and Sub-Contractor.
iv. Products and Completed Operations.
c) Commercial Umbrella/Excess Insurance: $2,000,000 each Occurrence and
Aggregate naming the "County of Westchester" as additional insured, as its
interest may appear, written on a"follow the form"basis.
NOTE: Additional insured status shall be provided by standard or other
endorsement that extends coverage to the County of Westchester for both on-
going and completed operations.
d) Automobile Liability Insurance with a minimum limit of liability per occurrence
of$1,000,000 for bodily injury and a minimum limit of$100,000 per occurrence
for property damage or a combined single limit of$1,000,000 unless otherwise
indicated in the contract specifications. This insurance shall include for bodily
injury and property damage the following coverages and name the"County of
Westchester" as additional insured, as its interest may appear:
(i) Owned automobiles.
7
Page 188 of 229
(ii) Hired automobiles.
(iii) Non-owned automobiles.
3. All policies of the Municipality shall be endorsed to contain the following
clauses:
(a) Insurers shall have no right to recovery or subrogation against the
County (including its employees and other agents and agencies), it being the intention of
the parties that the insurance policies so effected shall protect both parties and be primary
coverage for any and all losses covered by the above-described insurance.
(b) The clause "other insurance provisions" in a policy in which the County
is named as an insured, shall not apply to the County.
(c) The insurance companies issuing the policy or policies shall have no
recourse against the County (including its agents and agencies as aforesaid)for payment
of any premiums or for assessments under any form of policy.
(d) Any and all deductibles in the above described insurance policies shall
be assumed by and be for the account of, and at the sole risk of, the Municipality.
8
Page 189 of 229
61
m Town of Mamaroneck
Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Complete Streets Agreement& Resolution for Roundabout Project
Date: September 17, 2025
We have been working with our grant writer on an application for funding from Westchester County
for the Roundabout Project. Please find attached two resolutions which will demonstrate both the
Town's financial commitment to the Roundabout Project and its commitment to intermunicipal
collaboration with Westchester County and adjacent communities.
Passage of these resolutions is a required component of the Westchester County Complete Streets
Municipal Assistance Program application and ensures that the project has the necessary matching
funds, authorization, and regional support to proceed.
Rob Wasp will be joining us to review the history of the project and answer questions.
Action Requested:
Resolved that the Town Board hereby approves the Complete Streets Project Grant
Application and both resolutions as presented thereby confirming the Town's financial
commitment and commitment to intermunicipal collaboration as it pertains to the "Town
Safety and Economic Renaissance" Roundabout Project.
Attachment/s:
Resolutions WC Complete Streets for Roundabout 09 17 2025
Page 190 of 229
RESOLUTION #
RESOLUTION DEMONSTRATING FINANCIAL COMMITMENT TO THE
PROPOSED WESTCHESTER COUNTY COMPLETE STREETS PROJECT AND
AUTHORIZATION TO EXECUTE A GRANT AGREEMENT
WHEREAS, the Town of Mamaroneck is requesting grant funding through the Westchester
County Complete Streets Municipal Assistance Program to support the "Town Safety and
Economic Renaissance" Roundabout Project, which aims to address longstanding safety issues,
harmful vehicle emissions, and resiliency challenges at the intersection of Madison Avenue,New
Jefferson Street, and the I-95 Exit 17 ramp; and,
WHEREAS, the Town determined a total project cost of$5,333,000 based on a cost estimate
prepared for the project; and,
WHEREAS, the Town received funding in the amount of$2,000,000, or 37% of the total project
cost, through FY2024 Community Project Funding,which is allocated under the Transportation,
Housing and Urban Development, and Related Agencies (THUD) spending bill; and,
WHEREAS, the Town is seeking $2,666,500, or 50% of the total project cost, through the
Westchester County Complete Streets Municipal Assistance Program; and,
WHEREAS,the Town will provide the remaining balance of$666,500, or that which is not
covered by grant funds, through municipal funds.
THEREFORE,BE IT RESOLVED that this resolution, adopted by the Town Board of the
Town of Mamaroneck on the 17rd of September 2025, demonstrates financial commitment to
this project by combining the federal funding from the US Department of Transportation and the
THUD spending bill with county funding through the Westchester County Complete Streets
Municipal Assistance Program.
BE IT FURTHER RESOLVED that as Town Administrator, Meredith S. Robson, or her
successor, is hereby authorized by the Town Board to execute grant documents, including the
grant agreement, and any related documents necessary to carry out its implementation.
Certified on this 17rd day of September 2025.
Allison May, Town Clerk
Page 191 of 229
RESOLUTION #
RESOLUTION DEMONSTRATING THE TOWN OF MAMARONECK'S
COMMITMENT TO WORKING WITH WESTCHESTER COUNTY AND OTHER
MUNICIPALITIES WITHIN THE PROJECT AREA
WHEREAS, the Town of Mamaroneck is located within Westchester County and includes the
entirety of the Village of Larchmont, an unincorporated Area, and a portion of the Village of
Mamaroneck west of the Mamaroneck River bordering Rye Neck; and,
WHEREAS, the Town of Mamaroneck is seeking grant funding through the Westchester County
Complete Streets Municipal Assistance Program to support the "Town Safety and Economic
Renaissance" Roundabout Project, which aims to address longstanding safety issues, harmful
vehicle emissions, and resiliency challenges at the intersection of Madison Avenue,New
Jefferson Street, and the I-95 Exit 17 ramp; and,
WHEREAS, the proposed intersection of Madison Avenue,New Jefferson Street, and the I-95
Exit 17 ramp is located within the Village of Larchmont area of the Town of Mamaroneck and
borders the City of New Rochelle; and,
WHEREAS, the Town participates in intermunicipal planning with the governing body of the
Village of Larchmont and other communities within Westchester County, such as the City of
New Rochelle, as necessary; and,
WHEREAS, the Town is committed to working collaboratively with Westchester County and
other municipalities within the project area to implement a Complete Streets project that
addresses safety issues and other concerns for multi-modal users of municipal roads; and,
THEREFORE,BE IT RESOLVED that this resolution, adopted by the Town Board of the Town
of Mamaroneck on the 17rd of September 2025, confirms the Town's commitment to
intermunicipal collaboration as it pertains to this project and any others to address safety issues
and other concerns for multi-modal users of municipal roads
Certified on this 17rd day of September 2025.
Allison May, Town Clerk
Page 192 of 229
c
m Town of Mamaroneck
Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Cable Franchise Agreement- Cablevision of Southern Westchester, Inc.
Date: September 17, 2025
Attached you will find a proposed cable agreement with Cablevision and summary prepared by our
outside counsel, Gerard Lederer. The NY Public Service Commission is required to review and
approve the agreement.
If you are comfortable with the agreement, you may set the public hearing for October 8th.
Please let me know if you have any questions.
Action Requested:
Resolved that the Town Board hereby sets a public hearing for October 8, 2025 to review
and consider the proposed Cable Franchise Agreement with Cablevision of Southern
Westchester,Inc.
Attachment/s:
Mamaroneck T AUSA Franchise Renewal 9.11.25 w Updated Ex A - Altice Approved-cl
Page 193 of 229
CABLE FRANCHISE AGREEMENT
BY AND BETWEEN
TOWN OF MAMARONECK
AND
CABLEVISION OF SOUTHERN WESTCHESTER, INC.
Town of Mamaroneck
September 11, 2025
Page 194 of 229
TABLE OF CONTENTS
ARTICLE PAGE
1. DEFINITIONS 2
2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS 8
3. PROVISION OF CABLE SERVICE 9
4. SYSTEM FACILITIES 11
5. PEG SERVICES 11
6. FRANCHISE FEES 15
7. REPORTS AND RECORDS 16
8. INSURANCE AND INDEMNIFICATION 18
9. TRANSFER OF FRANCHISE 20
10. RENEWAL OF FRANCHISE 20
11. ENFORCEMENT AND TERMINATION OF FRANCHISE 21
12. MISCELLANEOUS PROVISIONS 24
EXHIBITS
Exhibit A: Municipal Buildings to be Provided Free Cable Service
Exhibit B: Service Area
Exhibit C: PEG Channels
Exhibit D: PEG Access Origination Point
Town of Mamaroneck
September 11, 2025
Page 195 of 229
THIS CABLE FRANCHISE AGREEMENT (the "Franchise" or"Agreement") is entered
into by and between the and Mamaroneck and the Town of Mamaroneck, a validly organized and
existing political subdivision of the State of New York (the "Local Franchising Authority" or
"LFA") and Cablevision of Southern Westchester, Inc., a corporation duly organized under the
applicable laws of the State of New York(the "Franchisee").
WHEREAS, the LFA wishes to grant Franchisee a renewal of its nonexclusive franchise
to construct, install, maintain, extend and operate a cable system in the Franchise Area as
designated in this Franchise;
WHEREAS, the LFA is a "franchising authority" in accordance with Title VI of the
Communications Act, (see 47 U.S.C. §522(10)) and is authorized to grant one or more
nonexclusive cable franchises pursuant to Article 11 of the New York Public Service Law, as
amended, and Title 16, Chapter VIII, Parts 890.60 through 899, of the Official Compilation of
Codes, Rules and Regulations of the State of New York, as amended;
WHEREAS, Franchise's existing Cable System transmits both Cable and Non-Cable
Services, which Non-Cable Services are not subject to the Cable Law or Title VI of the
Communications Act;
WHEREAS, the Cable System occupies the Public Rights-of-Way within the Franchise
Area, and Franchisee desires to use portions of the Cable System to provide Cable Services (as
hereinafter defined)in the Franchise Area;
WHEREAS,the LFA and the Franchisee are entering into this Agreement for the purpose
of setting forth the terms and conditions on which Franchisee shall be entitled to provide Cable
Services in the Franchise Area with the express understanding and agreement that nothing in this
Agreement shall add to or detract from the LFA's police powers, or rights or privileges in
respect of the Public Rights of Way in accordance with Federal, State, and local laws. or (ii) the
Franchisee's rights or privileges in respect of the Cable System in accordance with Federal,
State, and local laws, as each relates to the provision of Non-Cable Services in the Franchise
Area, it being the intent of the parties that this Agreement shall govern only the provision of
Cable Services;
WHEREAS,the LFA has identified the past performance of the Franchisee and the future
cable-related needs and interests of the LFA and its community, has considered and approved the
Franchisee's technical ability, financial condition and character as defined by Title 16, Chapter
VIII,Part 894.6 of the Official Compilation of Codes, Rules and Regulations of the State of New
York, as amended, and has determined that Franchisee is in compliance with its existing
franchise and applicable law and that its Cable System is adequate and feasible in a full public
proceeding affording due process to all parties;
WHEREAS,the LFA has found that Franchisee is and has been in substantial compliance
with all terms and provisions in its existing franchise and applicable law.
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Town of Mamaroneck
August 5, 2025
Page 196 of 229
WHEREAS, based on the representations of the Franchisee in the Franchisee's cable
franchise applications, the LFA has found Franchisee to continue to be financially, technically
and legally qualified to operate the Cable System in the Franchise Area;
WHEREAS, the LFA has determined that in accordance with the provisions of the Cable
Law, this Franchise complies with NYSPSC's franchise standards and the grant of a
nonexclusive franchise to Franchisee is consistent with the public interest; and
WHEREAS, the LFA and Franchisee have reached agreement on the terms and
conditions set forth herein and the parties have agreed to be bound by those terms and
conditions.
NOW, THEREFORE, in consideration of each of the LFA's grant of a renewal franchise
to Franchisee, Franchisee's promise to provide Cable Service to residents of the
Franchise/Service Area of the LFA pursuant to and consistent with the Cable Law (as hereinafter
defined), pursuant to the terms and conditions set forth herein, the promises and undertakings
herein, and other good and valuable consideration, the receipt and the adequacy of which are
hereby acknowledged,
THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS:
1. DEFINITIONS
Except as otherwise provided herein, the definitions and word usages set forth in the
Cable Law are incorporated herein and shall apply in this Agreement. In addition, the following
definitions shall apply:
1.1. Access Channel: A video Channel, which Franchisee shall make available to the
LFA without charge for Public, Educational, or Governmental noncommercial use for the
transmission of video programming as directed by the LFA.
1.2. Affiliate: Any Person who, directly or indirectly, owns or controls, is owned or
controlled by, or is under common ownership or control with, the Franchisee.
1.3. Basic Service: The tier of Cable Service which includes the retransmission of
primary local television broadcast signals provided to any Subscriber and, to the extent required
by applicable law, any PEG Channels required by this Franchise, and which may also include
any additional video programming as determined by Franchisee.
1.4. Bundled Service: The offering of Cable Services with any Non-Cable Service
offering for a single, aggregate price.
1.5. Cable Law: Article 11 of the New York Public Service Law, as amended, and
Title 16, Chapter VIII, Parts 890.60 through 899, of the Official Compilation of Codes, Rules
and Regulations of the State of New York, as amended, to the extent authorized under and
consistent with federal law.
2
Town of Mamaroneck
September 11, 2025
Page 197 of 229
1.6. Cable Service or Cable Services: Shall be defined herein as it is defined under
Section 602 of the Communications Act, 47 U.S.C. § 522(6), as amended.
1.7. Cable System or System: Shall be defined herein as it is defined under Section 602
of the Communications Act, 47 U.S.C. § 522(7), as amended.
1.8. Channel: Shall be defined herein as it is defined under Section 602 of the
Communications Act, 47 U.S.C. § 522(4), as amended.
1.9. Communications Act: The Communications Act of 1934, as amended.
1.10. Control: The ability to exercise de facto or de jure control over day-to-day
policies and operations or the management of Franchisee's affairs.
1.11. Educational Access Channel: An Access Channel designated for noncommercial
use by local public schools and public school districts in the Franchise Area and other not-for-
profit educational institutions chartered or licensed by the New York State Depailment of
Education or Board of Regents in the Franchise Area.
1.12. FCC: The United States Federal Communications Commission, or successor
governmental entity thereto.
1.13. Force Majeure: An event or events reasonably beyond the ability of Franchisee to
anticipate and control that directly or indirectly results in Franchisee's noncompliance with, or
delay in the performance of, any obligation hereunder. This includes, but is not limited to,
severe or unusual weather conditions, strikes, labor disturbances and disputes, war or act of war
(whether an actual declaration of war is made or not), insurrection, riots, act of public enemy,
incidences of terrorism, acts of vandalism, pandemics, actions or inactions of any government
instrumentality or public utility including condemnation, accidents for which the Franchisee is
not primarily responsible, fire, flood, or other acts of God, or work delays resulting from
unaffiliated utility providers' failure to service, monitor or maintain utility poles to which
Franchisee's Cable System is attached, and unavailability of materials and/or qualified labor to
perform the work necessary.
1.14. Franchise Area: The incorporated area (entire existing territorial limits) of the
LFA[s], and such additional areas as may be annexed or acquired.
1.15. Franchisee: Cablevision of Southern Westchester, Inc. and its lawful and
permitted successors, assigns and transferees.
1.16. Government Access Channel: An Access Channel available for the sole
noncommercial use of the LFA.
1.17. Gross Revenue: All revenue, as determined in accordance with generally
accepted accounting principles, which is derived by Franchisee from the operation of the Cable
System to provide Cable Service in the Service Area.
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Town of Mamaroneck
September 11, 2025
Page 198 of 229
1.17.1 Gross Revenue includes, without limitation: all Subscriber and customer
revenues earned or accrued net of bad debts including revenue for:
(i) Basic Service;
(ii) all fees charged to any Subscribers for any and all Cable Service provided
by Franchisee over the Cable System in the Service Area, including without limitation, Cable
Service related program guides, the installation, disconnection or reconnection of Cable Service;
revenues from late or delinquent charge fees; Cable Service related or repair calls; the provision
of converters, digital video recorders, remote controls, additional outlets and/or other Cable
Service related Subscriber premises equipment, whether by lease or fee;
(iii) pay-per-view and video on demand Cable Service over the Cable System;
(iv) revenues from the sale or lease of access channel(s) or channel capacity;
and
(v) compensation received by Franchisee that is derived from the operation of
Franchisee's Cable System to provide Cable Service with respect to commissions that are paid to
Franchisee as compensation for promotion or exhibition of any products or services on the Cable
System, such as "home shopping" or a similar channel, subject to the exceptions below. Gross
Revenue includes a pro rata portion of all revenue derived by Franchisee pursuant to
compensation arrangements for advertising derived from the operation of Franchisee's Cable
System to provide Cable Service within the Service Area, subject to the exceptions below. The
allocation of the revenue specified in this subsection shall be based on the number of Subscribers
in the Service Area divided by the total number of subscribers in relation to the relevant local,
regional or national compensation arrangement. Advertising commissions paid to third parties
shall not be netted against advertising revenue included in Gross Revenue; and
(vi) Franchise Fees imposed on Franchisee by the LFA that are passed through
from Franchisee as a line item paid by Subscribers.
Except as provided above, Gross Revenue shall not include:
(i) Revenues received by any Affiliate or other Person in exchange for
supplying goods or services used by Franchisee to provide Cable Service over the Cable System;
(ii) bad debts written off by Franchisee in the normal course of its business
(provided, however, that bad debt recoveries shall be included in Gross Revenue during the
period collected);
(iii) refunds, rebates or discounts made to Subscribers or other third parties; (iv)
except as otherwise provided in Section 1.16, any revenues classified, in whole or in part,
as Non-Cable Services revenue under federal or state law including, without limitation, revenue
received from Telecommunications Services; revenue received from Information Services,
including, without limitation, Internet Access service, electronic mail service, electronic bulletin
4
Town of Mamaroneck
September 11, 2025
Page 199 of 229
board service, or similar online computer services; charges made to the public for commercial or
cable television that is used for two-way communication; and any other revenues attributed by
Franchisee to Non-Cable Services in accordance with federal law, rules, regulations, standards or
orders. Should revenue from any service provided by Franchisee over the Cable System be
classified as a Cable Service by the Communications Act (as amended from time to time), then
Franchisee shall include revenue from such service as Gross Revenue on a going forward basis
commencing with the next available billing cycle following the effective date of such change in
the Communications Act. Should a final determination or ruling of any agency or court having
jurisdiction, after the exhaustion of all appeals related thereto, classify as a Cable Service any
service provided by the Franchisee over the Cable System, then the LFA shall be entitled, after
notification to Franchisee and without mutual agreement in writing as otherwise required by
Section 12.7, to amend this Agreement in the manner prescribed under applicable state law or
this Franchise to include revenue from the Franchisee's provision of such service as Gross
Revenue, and Franchisee shall include revenue from such service as Gross Revenue on a going
forward basis commencing with the next available billing cycle following the date of the
issuance of an order from the NY PSC approving such amendment;
(v) any revenue of Franchisee or any other Person which is received directly
from the sale of merchandise through any Cable Service distributed over the Cable System,
provided, however, that, any portion of such revenue which represents or can be attributed to a
Subscriber fee or a payment for the use of the Cable System for the sale of such merchandise
shall be included in Gross Revenue;
(vi) the sale of Cable Services on the Cable System for resale in which the
purchaser is required to collect cable Franchise Fees from purchaser's customer;
(vii) the sale of Cable Services to customers, which are exempt, as required or
allowed by the LFA including, without limitation, the provision of Cable Services to public
institutions as required or permitted herein, except to the extent Franchisee actually receives any
revenues from such customers that would otherwise be included in Gross Revenues;
(viii) any tax of general applicability imposed upon Franchisee or upon
Subscribers by a city, state, federal or any other governmental entity and required to be collected
by Franchisee and remitted to the taxing entity (including, but not limited to, sales/use tax, gross
receipts tax, excise tax, utility users tax, public service tax, communication taxes and non-cable
franchise fees);
(ix) any foregone revenue which Franchisee chooses not to receive in
exchange for its provision of free or reduced cost cable or other communications services to any
Person, including without limitation, employees of Franchisee and public institutions or other
institutions designated in the Franchise (provided, however, that such foregone revenue which
Franchisee chooses not to receive in exchange for trades, barters, services or other items of value
shall be included in Gross Revenue);
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(x) sales of capital assets or sales of surplus equipment; program launch fees,
i.e., the reimbursement by programmers to Franchisee of marketing costs incurred by Franchisee
for the introduction of new programming;
(xi) directory or Internet advertising revenue including, but not limited to,
yellow page, white page,banner advertisement and electronic publishing; or
(xii) any fees or charges collected from Subscribers or other third parties for
any PEG grant payments whether they be under Subsection 5.3.2 or Subsection 5.3.4 (including
the Initial PEG Grant and the Annual PEG Grant).
1.18 Information Services: Shall be defined herein as it is defined under Section 3 of
the Communications Act, 47 U.S.C. §153(24), as amended.
1.19 Internet Access: Dial-up or broadband access service that enables Subscribers to
access the Internet.
1.20 Local Franchise Authority (LFA): the Town of Mamaroneck, New York, or any
lawful successors, transferees, or assignees thereof.
1.21 Non-Cable Services: Any service that does not constitute the provision of a Cable
Service pursuant to this Agreement including, but not limited to, Information Services and
Telecommunications Services.
1.22 Normal Business Hours: Those hours during which most similar businesses in the
community are open to serve customers. In all cases, "normal business hours" must include
some evening hours at least one night per week and/or some weekend hours.
1.23 NYSPSC: The New York Public Service Commission.
1.24 PEG: Public, Educational, and Governmental.
1.25 Person: An individual, partnership, association, joint stock company, trust,
corporation, or other legally recognized or governmental entity.
1.26 Public Access Channel: An Access Channel available for noncommercial use
solely by the LFA's residents or by those Persons approved by LFA to administer the Public
Access Channel) in the Franchise Area on a first-come, first-served, nondiscriminatory basis.]
1.27 Public Rights-of-Way: The surface and the area across, in, over, along, upon and
below the surface of the public streets, roads, bridges, sidewalks, lanes, courts, ways, alleys, and
boulevards, including, public utility easements and public lands and waterways used as Public
Rights-of-Way, as the same now or may thereafter exist, which are under the jurisdiction or
control of the LFA. Public Rights-of-Way do not include the airwaves above a right-of-way with
regard to cellular or other nonwire communications or broadcast services.
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1.28 Service Area: All portions of the Franchise Area where Cable Service is being
offered, as described in Exhibit B attached hereto.
1.29 Subscriber: A Person who lawfully receives Cable Service over the Cable System
with Franchisee's express permission.
1.30 Telecommunication Services: Shall be defined herein as it is defined under
Section 3 of the Communications Act, 47 U.S.C. § 153(53), as amended.
1.31 Title VI: Title VI of the Communications Act, Cable Communications, as
amended.
1.32 Transfer of the Franchise:
1.32.1 Any transaction in which:
1.32.1.1 a fifty percent ownership or greater interest in Franchisee is
transferred, directly or indirectly, from one Person or group of Persons to another Person or
group of Persons, so that Control of Franchisee is transferred; or
1.32.1.2 the rights held by Franchisee under the Franchise and the
certificate of confirmation issued therefor by the NYSPSC are transferred or assigned to another
Person or group of Persons
1.32.1.3 However, notwithstanding Sub-subsections 1.32.1.1 and
1.32.1.2 above, a Transfer of the Franchise shall not include transfer of an ownership or other
interest in Franchisee to the parent of Franchisee or to another Affiliate of Franchisee; transfer of
an interest in the Franchise or the rights held by the Franchisee under the Franchise to the parent
of Franchisee or to another Affiliate of Franchisee; any action which is the result of a merger of
the parent of the Franchisee; or any action which is the result of a merger of another Affiliate of
the Franchisee. Franchisee shall notify LFA in writing within sixty (60) business days of any
change in ownership or other interest. The new Franchisee shall not use such change in
ownership or other interest as a basis for challenging the validity of any past non-performance.
1.33 Video Programming: Shall be defined herein as it is defined under Section 602 of
the Communications Act, 47 U.S.C. § 522(20), as amended.
2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS
2.1 Grant of Authority: Subject to the terms and conditions of this Agreement and the
Cable Law, the LFA hereby grants the Franchisee the right to own, construct, operate and
maintain a Cable System in order to provide Cable Service the Public Rights -of-Way and such
other areas within the Franchise Area, where authorized by private or public property owners or
applicable law, if such authorization is necessary. No privilege or power of eminent domain is
bestowed by this grant ; nor is such a privilege or power bestowed by this Agreement. The LFA
acknowledges that Franchisee has provided, and intends to continue to provide, Non-Cable
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Services over the Cable System. Nothing in this Agreement shall be construed to prohibit
Franchisee from providing such Non-Cable Services over the Cable System, nor shall this
Agreement be construed to be a waiver by the LFA of whatever rights they may have to regulate
the use of the Public Rights of Way pursuant to the police power of the LFA.
2.2 The Cable System: Upon delivery of Cable Service, by subjecting Franchisee's
mixed-use facilities to the NYSPSC's minimum franchise standards and the LFA's police power,
the LFA has not been granted broad new authority over the construction, placement and
operation of Franchisee's mixed-use facilities; provided, however, that nothing herein shall be
construed to limit the LFA's existing authority with respect to the Franchisee's mixed use
facilities pursuant to lawful and applicable federal, state or local laws, including any lawful right
to compel relocation of such facilities in the event of road-widenings and other similar
adjustments to the Public-Rights-of-Way, consistent with the NYSPSC rules and regulations and
orders.
2.3 Effective Date and Term: This Franchise shall become effective on the date that
the NYSPSC issues a certificate of confirmation for this Franchise (the "Effective Date"),
following its approval by the LFA's governing authority authorized to grant franchises and its
acceptance by the Franchisee. The term of this Franchise shall be fifteen (15) years from the
Effective Date unless the Franchise is earlier revoked or terminated as provided herein. The
Franchisee shall memorialize the Effective Date by notifying the LFAs in writing of the same,
which notification shall become a part of this Franchise.
2.4 Grant Not Exclusive: The Franchise and the rights granted herein to use and
occupy the Public Rights-of-Way to provide Cable Services shall not be exclusive, and the LFA
reserves the right to grant other franchises for similar uses or for other uses of the Public Rights-
of-Way, or any portions thereof, to any Person, or to make any such use themselves, at any time
during the term of this Franchise. Any such rights which are granted shall not adversely impact
the authority as granted under this Franchise.
2.5 Franchise Subject to Federal and State Law: Notwithstanding any provision to
the contrary herein, this Franchise is subject to and shall be governed by all applicable provisions
of Federal and State law as the same may be amended, including but not limited to the
Communications Act and the Cable Law.
2.6 No Waiver:
2.6.1. The failure of the LFA on one or more occasions to exercise a right under
this Franchise, the Cable Law or other applicable state, federal or local law, or to require
compliance or performance under this Franchise, shall not be deemed to constitute a waiver of
such right or a waiver of compliance or performance of this Agreement, nor shall it excuse
Franchisee from compliance or performance, unless such right or such compliance or
performance has been specifically waived in writing.
2.6.2. The failure of the Franchisee on one or more occasions to exercise a right
under this Franchise, the Cable Law or other applicable state, federal, or local law, or to require
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performance under this Franchise, shall not be deemed to constitute a waiver of such right or a
waiver of performance of this Agreement, nor shall it excuse the LFA from performance, unless
such right or such performance has been specifically waived in writing.
2.7 Construction of Agreement:
2.7.1. The provisions of this Franchise shall be liberally construed to effectuate
their objectives.
2.7.2. Nothing herein shall be construed to limit the scope or applicability of
Section 625 of the Communications Act, 47 U.S.C. § 545, as amended.
2.8 Local Authority: All rights and privileges granted herein are subject to the police
powers of LFA and its rights under applicable laws and regulations to exercise its governmental
powers to their full extent, provided, however, that such laws and regulations are reasonable, not
materially in conflict with the privileges granted in this Franchise, do not restrict or condition the
construction, location, or siting of the System, except for generally applicable permitting
requirements, and are consistent with all federal and state laws, rules, regulations, and orders.
Furthermore, to the extent that the installation, repair and/or maintenance by Franchisee of any
component of the Cable System is lawfully subject to permitting and/or review by the LFA
pursuant to the necessary and reasonable exercise of their police power, such permitting and/or
review shall not be unreasonably denied or delayed, nor shall any fees be required (other than
those necessary to offset the reasonable administrative costs of issuing such permit(s)), for the
right and/or privilege to install, repair, or maintain such component.
2.9. Restoration of Subscriber Premises: The Franchisee shall ensure that the
Subscriber's premises are restored to their pre-existing condition if damaged by the Franchisee's
employees or agents in any respect in connection with the installation, repair, maintenance or
disconnection of Cable Service.
2.10. Restoration of Municipal Property: Any municipal property damaged or destroyed
shall be repaired or replaced by the Franchisee and restored to its pre-existing condition.
3. PROVISION OF CABLE SERVICE
3.1. Service Commitment Area: Franchisee shall continue to offer Cable Service to all
residential subscribers in the Service Area and may make Cable Service available to businesses
in the Service Area, except, in accordance with NYSPSC rules and regulations: (A) for periods
of Force Majeure; (B) for periods of delay caused by the LFA; (C) for periods of delay resulting
from Franchisee's inability to obtain authority to access Rights-Of-Way in the Service Area; (D)
in developments or buildings that are subject to claimed exclusive arrangements with other
providers; (E) in areas, developments, or buildings where Franchisee cannot gain access after
good faith efforts; (F) in areas, developments, or buildings where the provision of Cable Service
is economically infeasible because such provision requires nonstandard facilities which are not
available on a commercially reasonable basis; (G) in areas where the occupied residential
dwelling unit density does not meet the density and other requirements set forth in Sub-
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Subsection 3.1.1 and Section 3.2; and (H) to Subscribers or prospective Subscribers who fail to
abide by the Franchisee's reasonable terms and conditions of service.
3.1.1. Density Requirement: Franchisee shall make Cable Services available to
residential dwelling units requesting Cable Service from Franchisee in all areas of the Service
Area where the average density is equal to or greater than twenty (20) occupied residential
dwelling units per mile as measured in strand footage from the nearest technically feasible point
on the active Cable System trunk or feeder line. Should, through new construction, an area
within the Service Area meet the density requirements after the time stated for providing Cable
Service as set forth in Section 3.1, Franchisee shall provide Cable Service to such area within
twelve (12) months of receiving notice from the LFA that the density requirements have been
met.
3.2. Availability of Cable Service: Franchisee shall make Cable Service available to
all residential dwelling units and may make Cable Service available to businesses within the
Service Area in conformance with Section 3.1, and Franchisee shall not discriminate between or
among any individuals in the availability of Cable Service or based upon the income of the
residents in a local area. In the areas in which Franchisee shall provide Cable Service,
Franchisee shall be required to connect, at Franchisee's expense, other than a standard
installation charge, all residential dwelling units that are within one hundred fifty (150) feet of
trunk or feeder lines not otherwise already served by Franchisee's Cable System. Franchisee
shall be allowed to recover, from a Subscriber that requests such connection, the actual costs
incurred for residential dwelling unit connections that exceed one hundred fifty (150) feet or are
in an area with a density of less than twenty (20) occupied residential dwelling units per mile and
the actual costs incurred to connect any non-residential dwelling unit Subscriber, provided,
however, that Franchisee may seek a waiver of any requirement that it extend service to any
party requesting the same in an area with a density of less than twenty (20) occupied residential
dwelling units per mile if such would not be possible within the limitations of economic
feasibility. For installations where the installation is to be underground, Franchisee has the right
to charge the prospective subscriber in advance Franchisee's actual cost for such an underground
installation. No such cost shall be recoverable unless Franchisee has obtained written
authorization that prospective Subscriber accepts and agrees to pay the Franchisee's cost.
3.2.2.No Discrimination in the Availability of Cable Service: Franchisee shall not
deny access to Cable Service to any group of potential residential Subscribers because of the
income of the residents of the local area in which such group resides.
3.3. Cable Service to Public Buildings: Subject to Section 3.1 and applicable federal
law and FCC rules and regulations, Franchisee shall provide, without charge within the Service
Area, one service outlet activated for Basic Service to each public school, public library, and
such other buildings used for municipal purposes as may be designated by the LFA as provided
in Exhibit A attached hereto, , and to any additional Public facilities requested by the LFA, as
set forth in section 3 below.; provided, however, that if it is necessary to extend Franchisee's
aerial trunk or feeder lines more than one hundred fifty (150) feet solely to provide service to any
such library, school, or public building, the LFA shall have the option either of paying
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Franchisee's direct costs for such aerial extension in excess of one hundred fifty (150) feet, or of
releasing Franchisee from the obligation to provide service to such school or public building.
Furthermore, Franchisee shall be permitted to recover, from any school or public building owner
entitled to free service, the direct cost of installing, when requested to do so, more than one
outlet, or concealed inside wiring, or a service outlet requiring more than one hundred fifty (150)
feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic
Service to the additional service outlets once installed. For underground installations, Franchisee
shall charge the recipient Franchisee's actual cost. Such costs shall be submitted to said recipient
in writing before installation is begun. Cable Service may not be resold or otherwise used in
contravention of Franchisee's rights with third parties respecting programming. Equipment
provided by Franchisee, if any, shall be replaced at retail rates if lost, stolen or damaged.
3.3.1 During the term of the Agreement and upon sixty (60) days' written notice
to Franchisee, the LFA may add additional facilities or relocate current facilities up to a total of
five (5) locations or changes over the life of the Franchisee, for the provision of Cable Service
and equipment based on the terms described in this Section 3.3,provided that each new location
can be served by a Standards Installation and meets the requirements of Franchisee's voluntary
municipal program.
3.4. Contribution in Aid: Notwithstanding the foregoing, Franchisee shall comply at
all times, with the requirements of Section 895.5 of NYSPSC rules and regulations.
4. SYSTEM FACILITIES
4.1. Quality of Materials and Work: Franchisee shall construct and maintain its
System using materials of good and durable quality, and all work involved in the construction,
installation, maintenance and repair of the Cable System shall be performed in a safe, thorough
and reliable manner.
4.2. System Characteristics: During the term hereof Franchisee's Cable System shall
meet or exceed the following requirements:
4.2.1. On the Effective Date, the System shall be an active two-way plant
designed to provide for a minimum channel capacity of not less than 77 channels, including
video-on-demand,pay-per-view, and other premium Cable Services.
4.3. Interconnection: The Franchisee shall design its Cable System so that it may be
interconnected with other cable systems in the Franchise Area. Interconnection of systems may
be made by direct cable connection, microwave link, satellite, or other appropriate methods to
the extent required by law and voluntarily agreed upon by Franchisee.
4.4. Emergency Alert System: Franchisee shall comply with the Emergency Alert
System ("EAS") requirements of the FCC and the State of New York, including the NYSPSC's
rules and regulations and the current New York EAS Plan, in order that emergency messages
may be distributed over the System.
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5. PEG SERVICES
5.1. PEG Set Aside:
5.1.1. Franchisee shall provide capacity on its Basic Service tier if required by
Applicable Law for up to three PEG Channels. All Parties agree that the same three (3)
Channels will service the Town of Mamaroneck.
5.1.2. The programming to be carried on each of the PEG Channels set aside by
Franchisee is reflected in Exhibit C attached hereto. The LFA hereby authorize Franchisee to
transmit such programming within and outside the LFA's jurisdictional boundaries. Franchisee
specifically reserves the right to make or change channel assignments in its sole discretion.
Franchisee agrees to provide the LFA with thirty (30) days' notice in the event that Franchisee
elects to change the PEG Channel lineup. If a PEG Channel provided under this Article is not
being utilized by the LFA, Franchisee may utilize such PEG Channel, in its sole discretion, until
such time as the LFA elects to utilize the PEG Channel for its intended purpose in accordance
with Section 895.4 of the NYSPSC rules and regulations.
5.1.3. Franchisee shall provide the technical ability to play back pre-recorded
programming provided to Franchisee consistent with this Section. Franchisee shall transmit
programming consistent with the dedicated uses of PEG Access Channels. Franchisee shall
comply at all times with the requirements of Section 895.4 of the NYSPSC rules and regulations.
5.2. HD Channel Conversion
5.2 HD Channel Conversion:
As of the Effective Date of this Agreement, Franchisee does not offer Public,
Educational and Government Access Channels in High Definition ("HD") format. When
Franchisee makes Public, Educational and Government Access Channels available in HD to any
municipality in Westchester County, Franchisee agrees to provide the Town's Public,
Educational and Government Access Channels in HD format within a reasonable period of time
not to exceed one year after the installation of all of Franchisee's necessary equipment for the
provision of said channels in HD. Customers wishing to view PEG channels in HD will need an
HD converter and may need an additional equipment, but nothing more than is required to view
other portions of the Basic Tier. Customers must have Optimum internet service to receive HD
capability.
5.3. PEG Access Interconnection:
5.3.1. The LFA shall designate in its sole discretion a site within the Franchise Area for the
interconnection of PEG access facilities with the Cable System (the "PEG Access
Interconnection Site"), and not more than three (3) additional sites within the Franchise Area for
PEG Content Origination (each, a "PEG Content Origination Point"), which PEG Access
Interconnection Site and PEG Content Origination Points are identified in Exhibit D.
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5.3.2. Consistent with NY PSC rules and regulations, Franchisee shall provide a link between its
video channel aggregation point and the PEG Access Interconnection Site in order to permit the
signals to correctly routed from the PEG Access Interconnection Site to the appropriate PEG
Access Channel for distribution to Subscribers.
5.3.3. The LFA shall provide to Franchisee at the PEG Access Interconnection Site and the PEG
Content Origination Points (as defined in Exhibit D) a suitable video signal for each PEG
Channel, including a signal from each PEG content origination point provided or maintained by
any other cable service provider in the Service Area. Franchisee, upon receipt of the suitable
video signal, shall provide, install and maintain in good working order the equipment necessary
for transmitting the PEG signal to the channel aggregation site for further processing for
distribution to Subscribers. Franchisee's obligation with respect to such upstream transmission
equipment and facilities shall be subject to the availability, without charge to Franchisee, of
suitable required space, environmental conditions, electrical power supply, access, pathway and
other facilities and such cooperation of the LFAs as is reasonably necessary for Franchisee to
fulfill its obligations. Channel or channels provided by Franchisee for PEG services shall provide
transmission quality comparable to the transmission quality of other channels included in the
Basic Service Tier, subject to limitations, if any, in the quality of signal as received by
Franchisee.
5.3.4. Such upstream transmission provided by Franchisee shall comply with applicable FCC
standards during the transport and distribution of PEG signals to Subscribers.
5.4. PEG Grant:
5.4.1. Franchisee shall provide grants to the Town of Mamaroneck to be used in
support of the production of local PEG programming (the "PEG Grant"). Such grants shall be
used solely by the LFA for PEG capital needs such as PEG access equipment, including, but not
limited to, studio and portable production equipment, editing equipment and program playback
equipment, for renovation or construction of PEG access facilities, or for other PEG capital
purposes.
5.4.2. Commencing on the Effective Date, on a quarterly basis thereafter through
the natural termination of this Franchise, to accompany franchise fee payments, Franchisee shall
provide to LFA a PEG Support Grant in the amount of sixty-five cents ($.65) per subscriber per
month. Franchisee agrees that if the LFA receives a PEG Grant amount higher than provided in
this Franchise, Franchisee shall match that amount, not to exceed one dollar ($1.00) per
subscriber per month. (i) 5.4.3. The LFA shall impose an obligation of at least the same
aggregate value as the PEG Grant obligation contained in this Section 5.3 (including the total
amount of the PEG Grant in Section 5.3.2) on each new and renewed providers of cable service
in the Service Area. In any event, if any new or renewed franchise agreement between the LFA
and any other provider of Cable Services in the Service Area contains obligations that are lesser
in amount or aggregate value than the PEG Grant obligations imposed in this Section 5.3,
Franchisee's PEG Grant obligations under this Section 5.3 shall thereafter be reduced to an
equivalent amount. To the extent such a reduction is not sufficient to make the total obligations
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of this Franchise equivalent to the new or renewed franchise, Franchise may deduct from future
Franchisee Fee payments an amount sufficient to make the obligations of this Franchise
equivalent to the new or renewed franchise.
5.4.4. Upon request, the LFA shall provide Franchisee with a complete
accounting annually of the distribution of funds granted pursuant to this Section 5.3.
5.5. Indemnity for PEG: The LFA shall require all local producers and users of any
of the PEG facilities or Channels to agree in writing to authorize Franchisee to transmit
programming consistent with this Agreement and to defend and hold harmless Franchisee and
the LFA from and against any and all liability or other injury, including the reasonable cost of
defending claims or litigation, arising from or in connection with claims for failure to comply
with applicable federal laws, rules, regulations or other requirements of local, state or federal
authorities; for claims of libel, slander, invasion of privacy, or the infringement of common law
or statutory copyright; for unauthorized use of any trademark, trade name or service mark; for
breach of contractual or other obligations owing to third parties by the producer or user; and for
any other injury or damage in law or equity, which result from the use of a PEG facility or
Channel. The LFA shall establish rules and regulations for use of PEG facilities, consistent with,
and as required by, 47 U.S.C. §531.
5.6. Recovery of Costs: To the extent permitted by federal law, the Franchisee shall be
allowed to recover the costs of the PEG Grant or any other costs arising from the provision of
PEG services from Subscribers and to include such costs as a separately billed line item on each
Subscriber's bill. Without limiting the forgoing, if allowed under state and federal laws,
Franchisee may externalize, line-item, or otherwise pass-through interconnection and any
franchise-related costs to Subscribers.
6. FRANCHISE FEES
6.1. Payment to LFA: Franchisee shall pay to the LFA a Franchise Fee of five percent
(5%) of annual Gross Revenue (the "Franchise Fee"). All Parties acknowledge that for the first
sixty (60) days following the effective date of this renewal, Franchisee shall collect and remit
franchise fee pursuant to the prior franchise agreement. In accordance with Title VI, the twelve
(12) month period applicable under the Franchise for the computation of the Franchise Fee shall
be a calendar year. Such payments shall be made no later than forty five (45) days following the
end of each calendar quarter. Franchisee shall be allowed to submit or correct any payments that
were incorrectly omitted, and shall be refunded any payments that were incorrectly submitted, in
connection with the quarterly Franchise Fee remittances within ninety (90) days following the
close of the calendar year for which such payments were applicable. Late payments for Franchise
Fees shall be subject to interest charges computed from the due date, at the then-current rate set
forth in Section 5004 of Article 50 of the New York Civil Practice Law and Rules (which as of
the date of execution of this Agreement is nine percent (9%) per annum) during the period such
unpaid amount is owed.
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6.2. Delivery of Payments: Franchisee may use electronic funds transfer to make any
to the LFA required under this Agreement.
6.3 Supporting Information: A brief report prepared by a representative of the
Franchisee showing the basis for the Franchise Fee computation shall be provided to the LFA
within seven (7)business days of each Franchisee Fee payment.
6.4. Limitation on Franchise Fee Actions: The parties agree that the period of
limitation for the commencement of any action for recovery of any Franchise Fee payable
hereunder shall be six (6)years from the date on which payment by Franchisee is due, but cannot
exceed the date of records retention reflected in Section 7. Unless agreed to in writing by the
parties, the acceptance of any Franchise Fee payment shall not be construed as an accord and
satisfaction that such payment is in fact that correct amount, nor shall such acceptance of
payment be construed as a release or satisfaction of any claim the LFA may have for further or
additional Franchise Fee sums payable under the provisions of this Franchise.
6.5. Bundled Services: If Franchisee provides a Bundled Service to Subscribers, the
Franchise Fee shall be applied only to the value of the Cable Services, as reflected on the books
and records of Franchisee in accordance with FCC or state public utility regulatory commission
rules, regulations, standards or orders. Where pro rata allocation of bundled discounts is
commercially practical for any bundled offering, the Franchisee will allocate the bundled
discount such that the discount allocated to Cable Service revenues will not exceed the amount
which would be allocated to Cable Service revenue on a pro rata basis.
6.5. Town Comptroller of the Town Of Mamaroneck: The LFA and the Franchisee
agree that the Town Comptroller of the Town of Mamaroneck is appointed as the agent of the
LFA for receipt of any and all payments or sums due to the LFA under the Franchise Agreement,
including, but not limited to, any PEG Grant payment under the Agreement and the Franchise
Fee. However, the LFA may appoint a new representative of the LFA to receive such payments
or sums upon sixty (60) days advance written notice to the Franchisee.
6.6. Section 626 Treatment: Franchisee agrees that it will not take a special franchise
tax deduction (whether in the form of a reduction in the franchise fee amount paid to the LFA or
as a credit against the special franchise tax payable to the Town of Mamaroneck, pursuant to
N.Y. Real Property Tax Law Section 626) provided that the LFA demands, imposes and enforces
the same waiver against all existing, new and renewed providers of Cable Service or cable
service (as such term may be defined by other providers) in the Service Area. The operation of
this Section 6.6 shall be strictly limited to Franchise Fees lawfully imposed upon Cable Service,
and shall not be construed to affect the Franchisee's rights under any provision of State or
Federal law regarding the provision of services other than Cable Service.
7. REPORTS AND RECORDS
7.1. Open Books and Records: Upon reasonable written notice to the Franchisee
and with no less than thirty (30) business days written notice to the Franchisee, the LFA shall
have the right to inspect Franchisee's books and records pertaining to Franchisee's provision of
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Cable Service in the Franchise Area at any time during Normal Business Hours and on a
nondisruptive basis, as are reasonably necessary to ensure compliance with the terms of this
Franchise. Such notice shall specifically reference the section or subsection of the Franchise
which is under review, so that Franchisee may organize the necessary books and records for
appropriate access by the LFA. Franchisee shall not be required to maintain any books and
records for Franchise compliance purposes longer than six (6) years. Notwithstanding anything
to the contrary set forth herein, except in the case of an audit as provided for in Section 7.4, to
the extent permitted by law, Franchisee shall not be required to disclose information that it
reasonably deems to be proprietary or confidential in nature, nor disclose any of its or an
Affiliate's books and records not relating to the provision of Cable Service in the Service Area.
Subject to the requirements of the New York Freedom of Information Law ("FOIL"), the LFA
shall treat any information disclosed by Franchisee as proprietary and confidential under Section
87(2) (d) of the New York Public Officers Law, and shall only disclose it to employees,
representatives, and agents thereof who the LFA deems to have a need to know, or in order to
enforce the provisions hereof. For purposes of this Section, "proprietary and confidential"
information includes, but is not limited to: information related to the Cable System design , trade
secrets , Subscriber lists , marketing plans , financial information; or other information that is
reasonably determined by the Franchisee to be competitively sensitive. If the LFA receives a
request under FOIL, or similar law for the disclosure of information that the Franchisee has
designated as confidential, trade secret or proprietary, the LFA shall notify the Franchisee of
such request. If LFA determines in good faith that public disclosure of the requested information
is required under FOIL, LFA shall so notify Franchisee and, before making the disclosure, shall
give Franchisee a reasonable period of time to seek to obtain judicial redress to preclude
disclosure. Franchisee shall not be required to provide Subscriber information in violation of
Section 631 of the Communications Act, 47 U.S.C. §551.
7.2. Records Required: Franchisee shall at all times maintain:
7.2.1. Records of all written complaints for a period of six (6) years after receipt
by Franchisee. The term "complaint" as used herein refers to complaints about any aspect of the
Cable System or Franchisee's cable operations, including, without limitation, complaints about
employee courtesy. Complaints recorded will not be limited to complaints requiring an
employee service call;
7.2.2. Records of outages for a period of six (6) years after occurrence,
indicating date, duration, area, and the number of Subscribers affected, type of outage, and
cause;
7.2.3. Records of service calls for repair and maintenance for a period of six (6)
years after resolution by Franchisee, indicating the date and time service was required, the date
of acknowledgment and date and time service was scheduled (if it was scheduled), and the date
and time service was provided, and (if different)the date and time the problem was resolved;
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7.2.4. Records of installation/reconnection and requests for service extension for
a period of six (6) years after the request was fulfilled by Franchisee, indicating the date of
request, date of acknowledgment, and the date and time service was extended; and
7.2.5. A map showing the area of coverage for the provisioning of Cable
Services.
7.3. System-Wide Statistics: Subject to the requirements of Section 895.1(t) of the
NYSPSC rules and regulations, any valid reporting requirement in the Franchise may be satisfied
with system-wide statistics, except those related to Franchise Fees and consumer complaints.
7.4. Audit: Subject to the confidentiality requirements set forth in Section 7.1 of this
Franchise, Franchisee shall be responsible for making available to the LFA for inspection and
audit, all records necessary to confirm the accurate payment of Franchise Fees and the Annual
PEG Grants, whether the records are held by the Franchisee, an Affiliate, or any other entity that
collects or receives funds related to the Franchisee's Cable Services operation in the LFA subject
to the payment of Franchise Fees under this Agreement, including, by way of illustration and not
limitation, any entity that sells advertising on the Franchisee's behalf. Franchisee shall maintain
such records for six (6) years, provided that, if the LFA commences an audit within that six (6)
year period, Franchisee shall continue to maintain such records for the duration of any audit in
progress at the end of that six (6) year period. The LFA shall conduct all audits expeditiously,
and neither the LFA nor Franchisee shall unreasonably delay the completion of an audit. The
LFA's audit expenses shall be borne by the LFA unless all Parties agree that the payment to the
LFA should be increased by five percent (5%) or more in the audited period, in which case the
reasonable and customary costs of the audit, together with any additional amounts due to the
LFA as a result of such audit, shall be paid by Franchisee to the LFA within sixty (60) days
following written notice to Franchisee by the LFA of the underpayment, which notice shall
include a copy of the audit report; provided, however, that Franchisee's obligation to pay or
reimburse the LFA's audit expenses shall not exceed an aggregate amount of Twenty Thousand
Dollars ($20,000. If re-computation results in additional revenue to be paid to the LFA, such
amount shall be subject to interest charges computed from the due date, at the then-current rate
set forth in Section 5004 of the New York Civil Practice Law and Rules (which as of the date of
execution of this Agreement is nine percent (9%) per annum) per annum during the period such
unpaid amount is owed. If the audit determines that there has been an overpayment by
Franchisee, the Franchisee may credit any overpayment against its next quarterly payment. Said
audit shall be conducted by an independent third party and no auditor so employed by the LFA
shall be compensated on a success based formula, e.g., payment based on a percentage of an
underpayment, if any. The LFA shall not conduct an audit more frequently than once every three
(3)years.
8. INSURANCE AND INDEMNIFICATION
8.1. Insurance:
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8.1.1. Franchisee shall maintain in full force and effect, at its own cost and
expense, during the Franchise Term, the following insurance coverage:
8.1.1.1. Commercial General Liability Insurance in the amount of one
million dollars ($1,000,000) combined single limit for property damage and bodily injury. Such
insurance shall cover the construction, operation and maintenance of the Cable System, and the
conduct of Franchisee's Cable Service business in the LFA applicable to a standard form general
liability policy.
8.1.1.2. Automobile Liability Insurance in the amount of one million
dollars ($1,000,000) combined single limit for bodily injury and property damage coverage.
8.1.1.3. Workers' Compensation Insurance in conformity with legal
requirements of the State of New York.
8.1.1.4. Employers' Liability Insurance at least in the following
amounts: (A) Bodily Injury by Accident: $100,000; and (B) Bodily Injury by Disease: $100,000
employee limit; $500,000 policy limit.
8.1.1.5. Excess liability or umbrella coverage of not less than ten
million dollars ($10,000,000).
8.1.1.6. The limits above may be satisfied with a combination of
primary and excess coverage.
8.1.2. The LFA shall be included as additional insureds under each of the
insurance policies required in this Article 8 except Worker's Compensation Insurance,
Employer's Liability Insurance, and excess liability or umbrella coverage.
8.1.3. Each of the required insurance policies shall be noncancellable except
upon thirty (30) days prior written notice to the LFA. Franchisee shall not cancel any required
insurance policy without submitting documentation to the LFA verifying that the Franchisee has
obtained alternative insurance in conformance with this Agreement.
8.1.4. Each of the required insurance policies shall be with insurers qualified to
do business in the State of New York, with an A- or better rating for financial condition and
financial performance by Best's Key Rating Guide, Property/Casualty Edition. In the event
Franchisee's insurance carrier is downgraded to a rating of lower than Best's A-, Franchisee
shall have ninety (90) days to obtain coverage from a carrier with a rating of at least Best's A-.
8.1.5. Upon written request, Franchisee shall deliver to the LFA copies of
Certificates of Insurance showing evidence of the required coverage.
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8.2. Indemnification:
8.2.1. Franchisee agrees to indemnify the LFA, and its officers, agents, boards,
elected officials and employees for, and hold them harmless from, all liability, damage, cost or
expense arising from claims of injury to persons or damage to property occasioned by reason of
any conduct undertaken pursuant to the Franchise, or by reason of any suit or claim for royalties,
programming license fees, or infringement of patent rights arising out of Franchisee's provision
of Cable Services over the Cable System other than PEG facilities and Channels, provided that
the LFA shall give Franchisee timely written notice of a claim or action and the LFA's request
for indemnification within ten (10) business days of receipt of a claim or action pursuant to this
Subsection; and, in any event, the LFA shall provide such notice to Franchisee within a sufficient
period of time from receipt of a claim or action pursuant to this Subsection to enable Franchisee
to timely answer complaints, raise defenses and defend all claims. Notwithstanding the
foregoing, Franchisee shall not indemnify the LFA for any damages, liability, or claims resulting
from the willful misconduct or negligence of the LFA, its officers, agents, employees, attorneys,
consultants, independent contractors or third parties or for any activity or function conducted by
any Person other than Franchisee in connection with PEG Access or EAS.
8.2.2. With respect to Franchisee's indemnity obligations set forth in Subsection
8.2.1, Franchisee shall provide the defense of any claims brought against the LFA by selecting
counsel of Franchisee's choice to defend the claim, subject to the consent of the LFA, which
shall not be unreasonably withheld. Nothing herein shall be deemed to prevent the LFA from
cooperating with the Franchisee and participating in the defense of any litigation by its own
counsel at its own cost and expense, provided however, that after consultation with the LFA,
Franchisee shall have the right to defend, settle or compromise any claim or action arising
hereunder, and Franchisee shall have the authority to decide the appropriateness and the amount
of any such settlement if Franchisee shall bear the entire cost of the settlement. In the event that
the terms of any such proposed settlement includes the release of the LFA and the LFA does not
consent to the terms of any such settlement or compromise, Franchisee shall not settle the claim
or action but its obligation to indemnify the LFA shall in no event exceed the amount of such
settlement.
8.2.3. To the extent permitted by law, the LFA shall hold harmless and defend
Franchisee from and against and shall be responsible for damages, liability, or claims resulting
from or arising out of the willful misconduct of the LFA.
8.2.4. The LFA shall be responsible for its own acts of willful misconduct,
negligence, or breach, subject to any and all defenses and limitations of liability provided by law.
The Franchisee shall not be required to indemnify the LFA for acts of the LFA which constitute
willful misconduct or negligence on the part of the LFA, its officers, employees, agents,
attorneys, consultants, independent contractors or third parties employed or retained by the LFA.
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9. TRANSFER OF FRANCHISE
9.1. Transfer: Subject to Section 617 of the Communications Act, 47 U.S.C. § 537, as
amended, no Transfer of the Franchise shall occur without the prior consent of the LFA,
provided that such consent shall not be unreasonably withheld, delayed or conditioned. In
considering an application for the Transfer of the Franchise, the LFA may consider the
applicant's: (i) technical ability; (ii) financial ability; (iii) good character; and (iv) other
qualifications necessary to continue to operate the Cable System consistent with the terms of the
Franchise. No such consent of the LFA shall be required, however, for a transfer in trust, by
mortgage, by other hypothecation, by assignment of any rights, title, or interest of the Franchisee
in the Franchise or Cable System in order to secure indebtedness, for any transaction in which
Franchisee retains the right, title or interest in the Franchise granted to it herein, and is subject to
approval by the NYSPSC, or for transactions otherwise excluded under Section 1.32 above.9.2.
9.2. Acceptance of Terms: Within sixty (60) business days of the effective date of a
Transfer of the Franchise, the transferee shall provide written notification to the LFA confirming
acceptance of the terms of this Franchise and not use such Transfer as a basis for challenging the
validity of any past non-performance. As a condition of a Transfer, transferee will assume all
liability existing under the Agreement. Such written notification shall be substantially in the form
of Exhibit E and, upon execution and approval of the NYSPSC, shall become incorporated
herein and made a part hereof.
10. RENEWAL OF FRANCHISE
10.1. Governing Law: The LFA and Franchisee agree that any proceedings undertaken
by the LFA that relate to the renewal of this Franchise shall be governed by and comply with the
provisions of Section 12.11 below, the Cable Law and Section 626 of the Communications Act,
47 U.S.C. § 546, as amended.
10.2. Needs Assessment: In addition to the procedures set forth in Section 626 of the
Communications Act, the LFA shall notify Franchisee of all of its assessments regarding the
identity of future cable-related community needs and interests, as well as the past performance of
Franchisee under the then current Franchise term. Such assessments shall be provided to
Franchisee by the LFA promptly so that Franchisee will have adequate time to submit a proposal
under 47 U.S.C. § 546 and complete renewal of the Franchise prior to expiration of its term.
10.3. Informal Negotiations: Notwithstanding anything to the contrary set forth herein,
Franchisee and the LFA agree that at any time during the term of the then current Franchise,
while affording the public appropriate notice and opportunity to comment, the LFA and
Franchisee may agree to undertake and finalize informal negotiations regarding renewal of the
then current Franchise and the LFA may grant a renewal thereof.
10.4. Consistent Terms: Franchisee and the LFA consider the terms set forth in this
Article 10 to be consistent with the express provisions of 47 U.S.C. § 546 and the Cable Law.
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11. ENFORCEMENT AND TERMINATION OF FRANCHISE
11.1. Notice of Violation: If at any time the LFA believes that Franchisee has not
complied with the terms of the Franchise, and the LFA chooses to pursue compliance, the LFA
shall informally discuss the matter with Franchisee. If these discussions do not lead to resolution
of the problem in a reasonable time, the LFA shall then notify Franchisee in writing of the exact
nature of the alleged noncompliance in a reasonable time (for purposes of this Article, the
"Noncompliance Notice").
11.2. Franchisee's Right to Cure or Respond: Franchisee shall have sixty (60) days
from receipt of the Noncompliance Notice to: (i) respond to the LFA, if Franchisee contests (in
whole or in part) the assertion of noncompliance; (ii) cure such noncompliance; or (iii) in the
event that, by its nature, such noncompliance cannot be cured within such sixty (60) day period,
initiate reasonable steps to remedy such noncompliance and notify the LFA of the steps being
taken and the date by which Franchisee projects that it will complete cure of such
noncompliance. Upon notification by Franchisee to the LFA of the cure of any noncompliance,
and the LFA confirming such cure, the LFA shall provide written acknowledgment that such
cure has been effected. 11.2.2. If the Noncompliance Notice alleges the Franchisee has failed to
make a payment when due with respect to any PEG Grant payments, or Franchise Fee, the
Franchisee shall have thirty (30) days from receipt of the Noncompliance Notice to cure such
nonpayment of the undisputed amount.
11.3. Liquidated Damages: For the violation of any of the following provisions
of this Franchise, liquidated damages shall be paid by the Franchisee to the LFAs. Any such
liquidated damages shall be assessed as of the date that is sixty (60) days from the Franchisee's
receipt of the Noncompliance Notice, provided that the Franchisee has not cured the
noncompliance upon which the Noncompliance Notice was issued, in accordance with the
procedures set forth in Sections 11.1 and 11.2 above. On an annual basis from the Effective Date,
the Franchisee shall not be liable for liquidated damages that exceed Ten Thousand Dollars
($10,000) in payable to the Town of Mamaroneck. Liquidated damages shall be assessed as
follows:
For failure to provide Cable Service as set forth in Sections 3.1-
3.3 $100 per day for each day the
violation continues;
For failure to maintain the system standards as set forth in Article
4 $50 per day for each day the violation
continues;
For failure to comply with Article 5 $100 per day for each day the violation
continues;
For failure to provide LFA with any reports or records required by the Agreement
within the time period required $50 per day for each
day the violation continues;
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For failure to carry the insurance specified in Subsection 8.1.1
$100 per day for each day the violation
continues;
For a transfer specified in Article 9 without required
approval $100 per day for each
day the violation continues; and
11.3.1. Any liquidated damages assessed pursuant to this section shall not be a limitation upon
any other provisions of this Franchise and applicable law, including revocation, or any other
statutorily or judicially imposed penalties or remedies; provided, however, that in the event that
the LFAs collects liquidated damages for a specific breach for a specific period of time, pursuant
to this Section 11.3, the collection of such liquidated damages shall be deemed to be the LFAs
exclusive remedy for the specific breach for such specific period of time only.
11.4. The parties agree that each case of non-compliance as set forth in Section 11.3
shall result in damage to the LFA, compensation for which will be difficult to ascertain. The
parties agree that the liquidated damages in the amounts set forth in Section 11.3 are fair and
reasonable compensation for such damage.
11.5. Public Hearing: The LFA shall schedule a public hearing if the LFA seek to
continue their investigation into the alleged noncompliance (i) if Franchisee fails to respond to
the Noncompliance Notice pursuant to the procedures required by this Article, or (ii) if
Franchisee has not remedied or commenced to remedy the alleged noncompliance within sixty
(60) days (or, in the case of a noncompliance as set forth at Subsection 11.2.1, within thirty (30)
days) or the date projected pursuant to Subsection 11.2 above. The LFA shall provide
Franchisee at least thirty (30) calendar days prior written notice of such public hearing, which
will specify the time, place and purpose of such public hearing, and provide Franchisee the
opportunity to be heard.
11.6. Enforcement: Subject to Section 12.11 below and applicable federal and state law,
in the event the LFA, after the public hearing set forth in Section 11.5, determines that
Franchisee is in default of any provision of this Franchise, the LFA may:
11.6.1. Seek to recover liquidated damages from Franchisee in accordance
with Section 11.3; or
11.6.2. Seek specific performance of any provision, which reasonably lends itself
to such remedy, as an alternative to damages; or
11.6.3. Commence an action at law for monetary damages or seek other equitable
relief, including, but not limited to, payment with respect to any form of security provided for in
Section 11.8; or
11.6.4. In the case of a substantial noncompliance with a material provision of this
Franchise, seek to revoke the Franchise in accordance with Section 11.7.
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11.7. Revocation: Should the LFA seek to revoke this Franchise after following the
procedures set forth above in this Article, including the public hearing described in Section 11.5,
the LFA shall give written notice to Franchisee of such intent. The notice shall set forth the
specific nature of the noncompliance. The Franchisee shall have ninety (90) days from receipt of
such notice to object in writing and to state its reasons for such objection. In the event the LFA
has not received a satisfactory response from Franchisee, it may then seek termination of the
Franchise at a second public hearing (the "Revocation Hearing"). The LFA shall cause to be
served upon the Franchisee, at least thirty (30) business days prior to the Revocation Hearing, a
written notice specifying the time and place of such hearing and stating its intent to revoke the
Franchise.
11.7.1. At the Revocation Hearing, Franchisee shall be provided a fair opportunity
for full participation, including the rights to be represented by legal counsel, to introduce relevant
evidence, to require the production of evidence, to compel the relevant testimony of the officials,
agents, employees or consultants of the LFA, to compel the testimony of other persons as
permitted by law, and to question and/or cross examine witnesses. A complete verbatim record
and transcript shall be made of such Revocation Hearing.
11.7.2. Following the Revocation Hearing, Franchisee shall be provided up to
thirty (30) days to submit its proposed findings and conclusions to the LFA in writing and
thereafter the LFA shall determine (i) whether an event of default has occurred under this
Franchise; (ii) whether such event of default is excusable; and (iii) whether such event of default
has been cured or will be cured by the Franchisee. The LFA shall also determine whether it will
revoke the Franchise based on the information presented, or, where applicable, grant additional
time to the Franchisee to effect any cure. If the LFA determines that it will revoke the Franchise,
the LFA shall promptly provide Franchisee with a written determination setting forth the LFA's
reasoning for such revocation. Franchisee may appeal such written determination of the LFA to
an appropriate court, which shall have the power to review the decision of the LFA de novo.
Franchisee shall be entitled to such relief as the court finds appropriate. Such appeal must be
taken within sixty (60) days of Franchisee's receipt of the written determination of the LFA.
11.7.3. The LFA may, at its their sole discretion, take any lawful action that it
deems appropriate to enforce the LFA's rights under the Franchise in lieu of revocation of the
Franchise.
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11.9 Abandonment of Service: Franchisee shall not abandon any Cable Service or portion
thereof without the LFA's prior written consent as provided in the Cable Law.
11.10 Security: Prior to the Effective Date, the Franchisee shall provide and thereafter
maintain in the aggregate LFA's security for the performance of its obligations under this
Agreement in the amount of Twenty-Five Thousand and 00/100 Dollars ($25,000.00). The form
of this security may, at Franchisee's option, be a performance bond, letter of credit, cash deposit,
cashier's check or any other security acceptable to the LFA .
11.10.1. In the event that a performance bond provided pursuant to the
Agreement is not renewed or is cancelled, Franchisee shall provide new security pursuant
to this Article within thirty (30) days of such cancellation or failure to renew.
11.10.2. Neither cancellation nor termination, nor refusal by surety to extend the
performance bond, nor inability of the Franchisee, as principal, to file a replacement performance
bond or replacement security for its obligations, shall constitute a loss to the LFAs, as obligee,
recoverable under the performance bond.
12. MISCELLANEOUS PROVISIONS
12.1. Actions of Parties: In any action by the LFA or Franchisee that is mandated or
permitted under the terms hereof, such party shall act in a reasonable, expeditious, and timely
manner. Furthermore, in any instance where approval or consent is required under the terms
hereof, such approval or consent shall not be unreasonably withheld, delayed or conditioned.
12.2. Binding Acceptance: This Agreement shall bind and benefit the parties hereto and
their respective heirs, beneficiaries, administrators, executors, receivers, trustees, successors and
assigns, and the promises and obligations herein shall survive the expiration date hereof.
12.3. Preemption: In the event that federal or state law, rules, or regulations preempt a
provision or limit the enforceability of a provision of this Agreement, the provision shall be read
to be preempted to the extent, and for the time, but only to the extent and for the time, required
by law. In the event such federal or state law, rule or regulation is subsequently repealed,
rescinded, amended or otherwise changed so that the provision hereof that had been preempted is
no longer preempted, such provision shall thereupon return to full force and effect, and shall
thereafter be binding on the parties hereto, without the requirement of further action on the part
of the LFA.
12.4. Force Majeure: Franchisee shall not be held in default under, or in
noncompliance with, the provisions of the Franchise, nor suffer any enforcement or penalty
relating to noncompliance or default, where such noncompliance or alleged defaults occurred or
were caused by a Force Majeure.
12.4.1. Furthermore, unless reserved in this franchise, the parties hereby agree
that it is not the LFA's intention to subject Franchisee to penalties, fines, forfeitures or
revocation of the Franchise for violations of the Franchise where the violation was a good faith
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error that resulted in no or minimal negative impact on Subscribers, or where strict performance
would result in practical difficulties and hardship being placed upon Franchisee that outweigh
the benefit to be derived by the LFA and/or Subscribers.
12.5. Notices: Unless otherwise expressly stated herein, notices required under the
Franchise shall be mailed first class, postage prepaid, or by overnight courier to the addressees
below. Each party may change its designee by providing written notice to the other party.
12.5.1.Notices to Franchisee shall be mailed to:
Altice USA, Inc.1 Court Square West
Long Island City,NY 11101
Attention: Vice President, Government Affairs, Suburban New York
With a copy to:
Cablevision of Southern Westchester, Inc.
c/o Altice USA, Inc.
1 Court Square WestLong Island City, NY 11101
Attention: Legal Department
12.5.2.Notices to the LFA shall be mailed to:
Town of Mamaroneck
740 West Boston Post Rd.
Mamaroneck,NY 10543
Attn: Town Administrator
With a copy to:
Best Best& Krieger LLP
1800 K Street NW, Suite 725
Washington, DC 20006
Attention: Gerard Lavery Lederer
Notwithstanding anything herein to the contrary, all regulatory notices required by the Federal
Communications Commission or the New York Public Service Commission from Franchisee to
the LFA may be filed electronically upon the LFA, instead of by first class mail as described
above, to email addresses provided by the LFA.
12.6. Entire Agreement: This Franchise and the Exhibits hereto constitute the entire
agreement between Franchisee and the LFA and they supersede all prior or contemporaneous
agreements, representations or understandings (whether written or oral) of the parties regarding
the subject matter hereof. Any local laws or parts of local laws that materially conflict with the
provisions of this Agreement are superseded by this Agreement.
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12.7. Amendments and Modifications: Amendments and/or modifications to this
Franchise shall be mutually agreed to in writing by the parties and subject to the approval of the
NYSPSC, pursuant to the Cable Law.
12.8. Captions: The captions and headings of articles and sections throughout this
Agreement are intended solely to facilitate reading and reference to the articles, sections and
provisions of this Agreement. Such captions shall not affect the meaning or interpretation of this
Agreement.
12.9. Severability: With the exception of this Agreement's Section 1.16 (Definition of
Gross Revenue), Section 6.1 (Payment of Franchise Fees to LFA), and Article V (PEG Services),
if any section, subsection, sub-subsection, sentence, paragraph, term, or provision hereof is
determined to be illegal, invalid, or unconstitutional by any court of competent jurisdiction or by
any state or federal regulatory authority having jurisdiction thereof, such determination shall
have no effect on the validity of any other section, subsection, sub-subsection, sentence,
paragraph, term or provision hereof, all of which will remain in full force and effect for the term
of the Franchise.
12.10. Recitals: The recitals set forth in this Agreement are incorporated into the body of
this Agreement as if they had been originally set forth herein.
12.11. Cable System Transfer Prohibition: Under no circumstance including, without
limitation, upon expiration, revocation, termination, denial of renewal of the Franchise or any
other action to forbid or disallow Franchisee from providing Cable Services, shall Franchisee or
its assignees be required to sell any right, title, interest, use or control of any portion of
Franchisee's Cable System including, without limitation, the Cable System and any capacity
used for Cable Service or otherwise, to the LFA or any third party. Franchisee shall not be
required to remove the Cable System or to relocate the Cable System or any portion thereof as a
result of revocation, expiration, termination, denial of renewal or any other action to forbid or
disallow Franchisee from providing Cable Services pursuant to this Agreement. This provision
is not intended to contravene leased access requirements under Title VI or PEG requirements set
out in this Agreement.
12.12. NYSPSC Approval: This Franchise is subject to the approval of the NYSPSC.
Franchisee shall file an application for such approval with the NYSPSC within sixty (60) days
after the date hereof. Franchisee shall also file any necessary notices with the FCC.
12.13. Rates and Charges: The rates and charges for Cable Service provided pursuant to
this Franchise shall be subject to regulation in accordance with federal law.
12.14. Employment Practices: Franchisee will not refuse to hire, nor will it bar or
discharge from employment, nor discriminate against any person in compensation or in terms,
conditions, or privileges of employment because of age, race, creed, color, national origin, or
sex.
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September 11, 2025
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12.15. Customer Service: Franchisee shall comply with the consumer protection and
customer service standards set forth in Parts 890 and 896 of the NYSPSC rules and regulations.
12.16. Annual Performance Review: At a time consistent with the notice requirements
below and at LFA's discretion, Franchisee agrees to meet with LFA in a format that is not open
to the public, including executive session so as to preserve Propriety Information, not more than
once per twelve-month period. Purpose of the Review is to evaluate Franchisee's compliance
with the terms and conditions of this Franchise. To the extent permitted by law, the information
disclosed to the LFA by Franchisee at the Performance Review shall be treated by the LFA as
confidential. The LFA shall provide Franchisee with at least thirty (30) days prior written notice
of the Performance Review to be held at a mutually agreeable time. Franchisee shall have the
opportunity to participate in and be heard at the Performance Review. Franchisee shall not be
required to disclose any confidential or proprietary information at any Performance Review held
in a public forum. To the extent Franchisee identifies any information addressed at a
Performance Review as confidential or proprietary, Franchisee shall cooperate with the LFA to
arrange a meeting with designated LFA representatives in an informal non-public forum to
review any such confidential or proprietary information to the extent necessary to effectuate the
objectives of this Section 12.16; provided, however, that the information disclosed to the LFA by
the Franchisee at any such informal non-public meeting shall be treated by the LFA as
confidential. Within thirty (30) days after the conclusion of the Performance Review, the LFA
shall provide Franchisee written documentation ("Performance Review Report") setting forth its
determinations regarding Franchisee's compliance with the terms and conditions of this
Franchise. The Performance Review Report shall not contain any confidential information
disclosed by the Franchisee during the Performance Review.
12.17. No Third Party Beneficiaries: Except as expressly provided in this Agreement,
this Agreement is not intended to, and does not, create any rights or benefits on behalf of any
Person other than the parties to this Agreement.
12.18. LFA's Official: The LFA's Manager or designated representatives or
representative of the Manager is the LFA's official that is responsible for the continuing
administration of this Agreement.
12.19. No Waiver of LFA's Rights: Notwithstanding anything to the contrary in this
Agreement, no provision of this Agreement shall be construed as a waiver of the LFA's rights
under applicable federal and state law.
12.20. Identification of Franchisee's Employees, Contractors, and
Subcontractors: Each employee of the Franchisee who comes into contact with members of the
public at their place of residence in connection with the construction, installation, maintenance
and/or operation of the Cable System, including repair and sales personnel, must wear a picture
identification card clearly indicating his or her employment with the Franchisee. The photograph
on the identification card shall prominently show the employee's name and/or identification
number. Such employee shall prominently display such identification card and shall show it to
all such members of the public. Each employee of any contractor or subcontractor of the
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September 11, 2025
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Franchisee who routinely comes into contact with members of the public at their place of
residence must wear a picture identification card clearly indicating his or her name, the name of
such contractor or subcontractor, and the name of the Franchisee.
12.20.1. Notwithstanding any other provision of law regulating door-to-
door solicitation or other sales activities undertaken on public or private property within the
LFA, including any licensing or permit obligations required for such activities, the obligations
set forth in Section 12.21 of this Agreement shall be the sole conditions governing the
authorization and identification required for the entrance onto public or private property imposed
upon Franchisee or its employees, agents, contractors, or subcontractors for the purpose of
selling, marketing, or promoting services offered by Franchisee to residents of the LFA.
12.21. Level Playing Field:
12.21.1. The parties agree that, as of the Effective Date, the terms and
conditions of this Agreement are in compliance with the cable franchise level playing field
requirements of the NYSPSC.
12.21.2. In the event that the LFA grant or renew another cable franchise(s),
or similar authorization(s), for the construction, operation, and maintenance of any cable System
it shall not make the grant or renewal on more favorable or less burdensome terms than are
contained herein. If Franchisee finds that a proposed franchise, franchise renewal, or similar
authorization contains provisions imposing less burdensome or more favorable terms than are
imposed by the provisions of this Agreement, then Franchisee will identify those terms to the
LFA in writing in advance of any vote to adopt the franchise, franchise renewal or similar
authorization and, if the LFA approves such franchise, or franchise renewal, with the identified
terms, or any subsequent modification thereof, then those terms shall become the operative terms
in this Agreement, in lieu of existing terms, upon the effective date of the other franchise,
franchise renewal, or similar authorization.
12.21.3. Nothing in this Section 12.22 shall be deemed a waiver of any
remedies available to Franchisee under federal, state or municipal law, including but not limited
to section 625 of the Cable Act, 47 U.S.C. Section 545.
IN WITNESS WHEREOF,the parties hereto have hereunto executed this Agreement as of the
date written below.
Town of Mamaroneck:
By:
Supervisor
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September 11, 2025
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Date:
Cablevision of Southern Westchester, Inc.
By:
Paul Jamieson, Senior Vice President Government Affairs
Date:
EXHIBITS
Exhibit A: Municipal Buildings to be Provided Free Cable Service
Exhibit B: Service Area
Exhibit C: PEG Channels
Exhibit D: PEG Access Origination Point
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September 11, 2025
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EXHIBIT A
MUNICIPAL BUILDINGS TO BE PROVIDED FREE CABLE SERVICE
Municipal Buildings Address
Firehouse 205 Weaver St,Larchmont,NY 10543
Town Center 740 West Boston Post Rd,Mamaroneck,NY 10543
Larchmont Volunteer Ambulance Corp 155 Weaver St,Larchmont,NY 10543
Larchmont-Mamaroneck Sanitation Comm. 40 Maxwell Ave,Larchmont,NY 10538
Sheldrake Environmental 685 Weaver St,Larchmont,NY 10543
Senior Center 1288 West Boston Post Rd,Mamaroneck,NY 10538
LMC TV Studio 740 West Boston Post Rd,Mamaroneck,NY 10543
Police Depaitnient 740 West Boston Post Rd,Mamaroneck,NY 10543
Mamaroneck EMS 200 North Barry Ave,Mamaroneck,NY 10543
Highway Building 40 Maxwell Ave,Larchmont,NY 10538
Hommocks Middle School 130 Hommocks Road,Larchmont,NY 10538
Central School 1100 Palmer Avenue,Larchmont,NY 10538
Murray Avenue School 250 Murray Avenue. Larchmont,NY 10538
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EXHIBIT B
SERVICE AREA
The Service Area is the Franchise Area.
The construction of the Franchisee's Cable System has been completed throughout the
Franchise Area, subject only to Subsection 3.1.1 and Section 3.2 of the Franchise, and
accordingly it is not necessary to provide any additional details concerning the construction
and/or deployment time tables and areas within the Service Area, nor is a map of the Service
Area necessary.
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EXHIBIT C
PEG CHANNELS
The Franchisee will transmit PEG Programming as provided by the LFA and the
public, as directed.
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EXHIBIT D
PEG ACCESS ORIGINATION POINTS
Subject to the requirements set forth in Section 5.2 of the Agreement, the
following Public Access Channel, Government Access Channel and Educational Access
Channel PEG Access Interconnection Site ("PEG Access Interconnection Site") shall
continue to operate:
LMC TV Studio, 740 W. Boston Post Road, Floor 3, Mamaroneck,NY 10543
The PEG Access Interconnection Site shall serve as the aggregation point for the PEG
Content Origination Points designated below("PEG Content Origination Points") feeding
signals to the public, government and educational access channels. For purposes of
permitting the LFA to select and switch feeds into an aggregation point, Franchisee shall
provide the LFA, without charge, such capability at such aggregation point. Operation
and maintenance of any equipment associated therewith shall be the responsibility of the
LFA. At the PEG Access Interconnection Site, the LFA will provide Franchisee, without
restriction, with suitable video signals from any and all additional PEG content
origination points which may be provided or maintained by any other cable service
provider within the Service Area.
Subject to the requirements set forth in Section 5.2 of the Agreement, the
following one (1) PEG Content Origination Points feeding a signal to the PEG Access
Interconnection Site shall continue to operate:
Mamaroneck High School, 100 West Boston Post Rd., Mamaroneck, NY 10543
Subject to the requirements set forth in Section 5.2 of the Agreement, the
following two (2) PEG Content Origination Points feeding a signal to the PEG Access
Interconnection Site shall continue to operate:
Mamaroneck Library, 136 Prospect Avenue (1 Library Lane), Mamaroneck, NY
10543
Mamaroneck Town Board Chamber, 740 West Boston Post Road, 2nd Floor,
Mamaroneck,NY 10543
At the above PEG Content Origination Points,the LFA will continue to provide
Franchisee,without restriction, a suitable video signal for the PEG Channels and the LFA
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is responsible for all content and equipment necessary to deliver such signal at the point
of connection.
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