r? la. 1' THIS AGREEMENT, made the ?241* day of December, 2008 by and between THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an of?ce and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601 (hereinafter referred to as the ?County?) and THE CITY OF MOUNT VERNON, a municipal corporation of the State of New York, having an of?ce and place of business at 1 Roosevelt Square, Mount Vernon, New York 10550 (hereinafter refen'ed to as the ?Municipality?) RECITALS WHEREAS, Section 244-b of the General Municipal Law authorizes municipalities to enter into agreements for the joint operation and maintenance of recreation facilities; and WHEREAS, the Municipality is the owner of certain real property known as Memorial Field, located on Sandford Boulevard in the City and consisting of approximately twelve (12) acres (the ?Property?) described on Schedule which is attached to and made a part of this Agreement; and WHEREAS, the Municipality has applied under the Westchester Legacy Program for County ?nancial assistance to design and construct improvements to the Property; and WHEREAS, the County desires to assist the Municipality by providing the funding for needed improvements to the Property including but not limited to the design, permitting, construction management and construction of an illuminated turf football/soccer field; a natural turf illuminated soccer ?eld; grandstands for 4,000 people; all-weather track; illuminated basketball court; new buildings to include a ticket booth, concession stand, bathrooms, press box with restroom and elevator, service building and locker rooms; replacement of concrete sidewalk; installation of chain link fencing; and associated infrastructure, site-work and landscaping, and other associated equipment and appurtenances as more particularly described in plans and speci?cations approved by the County Commissioner of Parks, Recreation and Conservation or the Commissioner?s duly authorized designee (the ?Project"); and WHEREAS, as additional compensation for the County?s work on the Project, the Municipality is willing to take ownership of certain roads totaling approximately 4.27 miles; and NOW, THEREFORE, in consideration of the mutual representations, covenants and agreements herein set forth, the County and the Municipality, each binding itself, its successors and assigns, do mutually promise, covenant and 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. Except as provided for in this Agreement, the term of this Agreement shall be for a period of ?fteen (15) years, commencing upon execution of this Agreement and terminating ?fteen years thereafter, unless terminated sooner in accordance with the provisions of this Agreement. ARTICLE II IMPROVEMENTS TO THE PROPERTY Section 2.0. The Municipality shall design and construct the Project in accordance with all applicable laws, including but not limited to, those governing public bidding. All work on the Project shall in be conformance with the plans and speci?cations prepared by the Municipality, which plans shall be subject to the County?s review and approval before any work commences on the Project. The Municipality shall not deviate from the approved plans and speci?cations without the prior written consent of the County Commissioner of Parks, Recreation and Conservation or the Commissioner?s duly authorized designee (the ?Parks Commissioner?). It is recognized and understood that the Municipality?s compliance with those plans and 2 1! recognized and understood that the Municipality?s compliance with those plans and speci?cations is a critical element of this Agreement. However the County will not be obliged to incur any additional expense beyond the amount set forth in Section 2.2 below. After design of the site preparation plans and speci?cations is complete, they shall be delivered to the Parks Commissioner for approval. The County shall, at all times, have the right to inspect the work. If the County believes that the work is not in compliance with the plans and speci?cations, it shall notify the Municipality in writing- within twenty (20) days after such inspection. Section 2.1. The Municipality shall be responsible for procuring ?nal design services and construction of the Improvements and such procurements and Improvements shall be in full compliance with all applicable federal, state and local laws, rules and regulations, including but not limited to the Americans with Disabilities Act. Final plans and speci?cations for the Improvements and bid documents shall be subject to County review and approval. Such County approval shall be sought prior to the Municipality advertising for bids for construction contracts, if bid. The selection of a design ?rm shall be submitted to the County for review and approval by the Commissioner of Parks, Recreation and Conservation and the County Department of Public Works. The selection of a design ?rm is to be submitted to the County no later than four (4) months from the start date of this thereafter, ?nal design plans shall be submitted to the County no later than twelve (12) months from the submission of the design firm to the County; thereafter, the bid phase shall be no longer than four (4) months after the ?nal design plans have been submitted to the County; thereafter, the construction phase shall be no longer than eighteen (18) months after the bid phase has been completed; the start date will be de?ned as thirty (30) days from the date of execution of this IMA. Section 2.2. In exchange for the Property being open to all County residents, the County agrees to ?nance the design, permitting, construction management and construction of the Project in a total amount not to exceed NINE MILLION SEVEN HUNDRED THOUSAND DOLLARS, payable following submission of properly executed payment vouchers. Should the Project costs exceed that amount, the Municipality shall be solely responsible for any additional amount. The Municipality shall cause accurate records and books of account to be maintained in which shall be entered all matters relating to this Agreement, including all income, expenditures, 3 assets and liabilities thereof and all income, expenditures, and payments to any and all contractors or subcontractors involved in the operation, management, maintenance, supervision, development, repair and security of the Property. Such books and records shall be maintained in accordance with generally accepted accounting principles, consistently applied and shall be kept at a location within Westchester County. The County shall have the right to inspect, examine and copy such books and records of the Municipality at all reasonable times during normal business hours at the of?ce of the Municipality. ARTICLE LEASE OF PROPERTY Section 3.0. Subject to the terms and conditions of Section 2.0, the Municipality hereby leases to the County the exclusive right to use and occupy the Property for the purposes of issuing bonds to ?nance the design and construction of the improvements thereon, it being understood and recognized that this lease shall be for a period of the term of the bonds issued for the Project, which term is anticipated to be ?fteen (15) years. It is also recognized and understood that the County?s sole responsibility shall be to provide an amount not to exceed NINE MILLION SEVEN HUNDRED THOUSAND DOLLARS toward the design and construction of the Project and the Municipality shall assume all other responsibilities for all other costs and expenses relating to the Project and the Property. Section 3.1. It is recognized and understood that the aforementioned lease and assignment are solely to give the County the necessary interest in real property to be able to issue bonds for the Project and the County shall have no responsibilities or duties under the lease and assignment other than to provide the ?mding set forth in Section 2.2 above. Section 3.2. The consideration for this lease shall be the Municipality ensuring that the Property is open and accessible to all residents of the County. Section 3.3. Upon the termination of this Agreement, the County shall peaceably surrender up the Property to the Municipality. Upon such termination, the Municipality may re- enter and repossess the Property together with all improvements and additions thereto. 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 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 negligence or intentional or willful misconduct of the County, its elected o?icials, of?cers, employees and agents during a County sponsored event: the Municipality shall indemnify and hold harmless the County, its elected of?cials, of?cers, 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 maintenance, operation, security and/or repair of the Property and this Agreement and of the acts or omissions hereunder by the Municipality or third parties under the direction or control of the Municipality; and to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action brought against the Indemnities (de?ned in Section 4.0(c) below) directly or indirectly arising out of the Project, the maintenance, operation, security and/or repair of this Property and this Agreement and to bear all other costs and expenses related thereto; and the Municipality shall defend, indemnify and hold harmless the County, its of?cials, of?cers, 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 Indemnitces by reason of any of the following: Work. Any construction, repair, alteration, addition, replacement, restoration or improvement work done by or on behalf of Municipality in, on or about the Property or any part thereof; (ii) Lise. The use, occupation, condition, operation, maintenance, management, supervision or development of or providing security for all or any portion of the Property, or the affected portion thereof, by or on behalf of the Municipality, including without limitation, any liability with respect to the maintenance of streets or sidewalks adjoining the Property respect to the maintenance of streets or sidewalks adjoining the Property and any violations imposed by any governmental authorities in respect of any of the foregoing; 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 of?cers, agents, contractors, servants, employees, lessees or invitees in connection with this Agreement or the Property; (iv) Accidents, [him to Person or Property. Any accident, injury, (including death at any time resulting there?'om) or damage to any person, including, without limitation, employees of the Municipality or any Indemnitee unless arising from the negligent, intentional or will?Jl conduct of an Indemnitee, or property occurring in, on, or about the Property or any part thereof, or in, on or about any street, alley, sidewalk, curb, vault, passageway or space comprising a part thereof or adjacent thereto (for which the Municipality or the City of Mount Vernon is a fee owner or occupant of the Property has or would have responsibility pursuant to this Agreement or under applicable law); or Breach of Municipality?s Obligation. Any failure or re?Jsal 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. The Municipality shall notify the County in writing of any claims made or any suits instituted against the Municipality of which it has knowledge arising from its performance hereunder or in connection with this Agreement or in connection with the Property. Section 4.1. The Municipality shall have sole authority and control over the development, operation, management, maintenance and security of the Property, including the Project, at the Municipality?s sole cost and expense. Subject to Section 4.9, the Municipality shall have sole authority and control over the scheduling of the Property. The Property shall be operated as a Municipal park, but shall be available to all Westchester County residents in accordance with the terms and conditions of Schedule All park fees will be subject to prior approval of the Parks Commissioner. To the extent any fees are charged for the use of any part of the facility, the fees charged to non-residents of the Municipality may not exceed double the fees charged to, the Municipality's residents. 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 at the Property through the Municipality?s police department 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 Property, it being understood and agreed that such operation, management, maintenance, supervision, development and repair shall be performed by the Municipality to the satisfaction of the Parks 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 Paragraph. The Municipality shall, at its own cost and expense, keep any and all refuse in containers and remove and dispose of same as required by the Parks Commissioner. Section 4.4. Following construction of improvements on the Property, those improvements shall be available to the public as required by this Agreement although the Municipality shall have sole discretion to schedule the use of same as appropriate. Section 4.5. The Municipality shall, at its own cost and expense, 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 said Property or any part thereof or applicable to this Agreement. After construction is completed, the Parks 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 shall be subject to the prior written approval of the Parks Commissioner and shall be provided to the County in advance for review. The Municipality shall acknowledge the County?s contribution toward improvement of the Property 011 any signs erected at the Property and on any other publications, documents, etc. mentioning the Property. 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. Section 4.8. After completion of construction of the Project, the Municipality shall not install any ?xtures or make any additions, development, improvements or alterations to the PrOperty, other than routine maintenance or repair, without the prior written consent of the Parks 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. The Municipality shall submit all plans and speci?cations for all such additions, development, improvements and alteration to the County 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. Notwithstanding Section 4.1 herein, the County shall have the right to schedule events at or use the Property (which events or use otherwise being permitted pursuant to the terms of this Agreement) with the written consent of the Municipality, which consent shall be provided in good faith and not unreasonably withheld, so long as the County provides for the payment of all costs and provision of adequate insurance in regard to the proposed use. Section 4.10. It is understood and agreed between the parties that the Property is for the use and bene?t of the public as a public park as set forth in this Agreement and not for revenue production purposes. In accordance with this principle, the Municipality shall not charge, impose or collect any fees for entrance into or for use of the Property, except with the Commissioner?s concurrence. Reservations for the use of the Property, or any portion thereof, shall be made through the Municipality. All residents of the County shall have access to the Property, subject to the provisions of Section 4.1 hereof. I. Section 4.11. Except for the amount of ?mding to be provided by the County under Section 2.2 above, the Municipality shall be responsible for all costs in relation to the Property and this entire Agreement, and, under no circumstances or conditions, whether new existing or herea?er 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 4.12. 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 property which shall or may be assessed levied, charged, con?rmed or imposed upon or become payable out of or become a lien on the Property or any part thereof. Section 4.13. The Property shall be subject to the generally-applicable ordinances, rules and regulations of the Parks Commissioner, as may be amended ??om time to time by the Commissioner (the ?County rules?). The Municipality may develop new ordinances, rules and regulations for the Property, which shall be subject to the approval of the Parks Commissioner (the ?Municipality rules?), which shall not be unreasonably withheld or delayed. To the extent the Municipality rules regulate the same subject matter as the County rules and are at least as strict as the County rules, the Municipality rules shall supersede the County rules. Otherwise, the County rules shall apply to the Property. (ii) The Property shall be subject to the local laws and 'acts adopted by the Westchester County Board of Legislators (?Board rules?), including, but not limited to, sections 765.351 through 765.358 of the Laws of Westchester County. The Municipality may not enact laws, acts, rules, regulations or ordinances that supersede the Board rules, unless otherwise provided for by the Westchester County Board of Legislators. The Municipality acknowledges and agrees that there shall be no activity referred to in section 765.354 of the Laws of Westchester County, to wit: no tree clearing, tree removal or the removal of a specimen tree, a protected tree, the excavation or alteration of the existing 9 grade within the drip line of a tree or the removal(s) of any tree(s) on slopes of 25% or more, unless the Municipality complies with the applicable provisions of section 765.355 of the Laws of Westchester County. If the Municipality undertakes an activity referred to in section 765.3 54 pursuant to section 765.355, it shall replace said trees at the direction of the and to the satisfaction of the Parks Commissioner. (iv) The provisions of this Section 4.13 of this Agreement shall remain in ?ill force and effect unless modi?ed by the mutual agreement of the parties hereto. Section 4.14. The Municipality shall act as the lead agency for meeting the requirements of the State Environmental Quality Review Act and its implementing regulations, 6 Part 617 for any activity which requires SEQRA compliance, that is undertaken pursuant to this Agreement, unless otherwise directed by the County. Section 4.15. The provisions of this Article IV shall survive termination or expiration of this Agreement. ARTICLE ROAD TRANSFER Section 5.0. In consideration to the County for its contributions toward the Project, the Municipality agrees that, immediately upon execution of this Agreement, the County?s right, title and interest in certain roads and any related right-of-way totaling approximately 2.32 miles (collectively, the ?Transferred Roads?) shall revert to the Municipality: Midland Ave. from Eastchester/Mount Vernon line to Yonkers line; Fulton Ave. from Columbus Ave. to Fulton Ave. Bridge; Fulton Ave. from Bridge Abutment to Bridget Abutment (only road section will be transferred; bridge structure will remain under County jurisdiction); East Lincoln Ave. from Pelham line to Marion Ave. East Lincoln Ave. from Marion Ave. to North Columbus Ave; limited to ?nancial responsibility. The Municipality agrees to accept the roads ?as is? in their current condition. The Municipality also agrees to accept certain other County roads and any related right- of-way totaling approximately 1.95 miles following their rehabilitation by the County to improve them to a pavement condition rating of 80 (collectively, the ?Improved Roads?). The Improved Roads are: Sandford Blvd. from Hutchinson Blvd. to South Fulton Ave. Sandford Blvd. from South Fulton Ave. to Bronx line; Broad St. Viaduct ?'om Yonkers line to Locust St. (only road section will be transferred; bridge structure will remain under County jurisdiction); and Columbus Ave. from Sandford Blvd. to South Fulton Ave. Immediately upon execution of this Agreement the Municipality shall assume full responsibility and all costs for the repair, maintenance and operation of the Improved Roads, including, without limitation, snow and ice removal and all policing functions. Upon the retirement of all outstanding County bonds relating to the rehabilitation of the Improved Roads, ownership of the Improved Roads shall be deemed to have been transferred to the Municipality. The County shall remove the Transferred Roads and the Improved Roads from the County road system in the manner prescribed by Section 115-b of the Highway Law. Upon the reversiOn of the Transferred Roads and the Improved Roads (collectively, the ?Roads?) to the Municipality, the Municipality shall assume full responsibility for the Roads in all respects. The Municipality shall not require the delivery of a deed as evidence of the reversion of the Roads. In furtherance of this Agreement, the Municipality shall act in strict accordance with all applicable federal, state and local laws and regulations. Following the transfer of the Roads, the Municipality shall continue to comply with, and agrees that the County Planning Board shall continue to have the jurisdiction under, Section 277.61 of the Laws of Westchester County and Sections 23 9-1 through 23 9-n of the New York General Municipal Law, as may be amended from time to time, as if the Roads were still County roads. Without limiting the foregoing, the Municipality shall continue to give notice of hearings and refer actions to the County Planning Board; the County Planning Board shall continue to have the right to appear at hearings and make recommendations on proposed actions; and the Municipality shall continue to not act 11 contrary to said recommendations, except by the adoption of a resolution in accordance with Section 277.61 of the Laws of Westchester County. This paragraph shall survive expiration or termination of this Agreement. Notwithstanding this provision, the County shall have no ?nancial or other obligation or liability with respect to the Roads. Pursuant to Section llS-c of the Highway Law, the Municipality hereby waives its right to the thirty (30) days written notice as required by Section 1 of the New York Highway Law. Section 5.1. In addition to, and not in limitation of the insurance requirements set forth in Schedule the Municipality agrees that following transfer of the Roads: that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the County, the Municipality shall indemnify and hold harmless the County, its elected of?cials, of?cers, 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 maintenance, operation, security and/or repair of the Roads and this Agreement and of the acts or omissions hereunder by the Municipality or third parties under the direction or control of the Municipality; and except for claims, demands, or causes of actions arising from the negligent or acts of the County, to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of maintenance, operation, and/or repair of the Roads and this Agreement and to bear all other costs and expenses related thereto. ARTICLE VI INSURANCE Section 6.0. The Municipality shall procure and maintain insurance coverage naming the County as additional insured for so long as the County has a lease of the Property. Notwithstanding the preceding sentence, the Municipality may provide proof of self-insurance in lieu of an insurance policy. Any proof of self-insurance shall be subject to the approval of the County Director of Risk Management. 12 ?11m RESPONSIBILITIES OF THE COUNTY Section 7.0. The County shall have no responsibility for the Property or the Roads other than that set forth above. NOTICES Section 8.0. All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certi?ed mail postage pre-paid, or sent by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by overnight courier), to the respective addresses set forth below (except where this Agreement designates notice to a particular County Commissioner and then only to that Commissioner and a copy to the County Attorney) 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: Commissioner of Parks, Recreation and Conservation County of Westchester 25 Moore Avenue Mount Kisco, New York 10549 Commissioner of Public Works County of Westchester 148 Martine Avenue, Room 528 White Plains, New York 1060] Commissioner of Planning 148 Martine Avenue White Plains, New York 10601 with a copy to: County Attorney 148 Martine Avenue, Room 600 White Plains, New York 10601 To the Municipality: City of Mount Vernon Roosevelt Square Mount Vernon, New York 10550 13 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 law?il 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 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 Paragraph 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. 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 bene?ciary 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 modi?ed 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 subcontractor(s), and their respective of?cers, agents, employees, representatives and servants 14 shall at all times during the term of this Agreement neither hold themselves out as, nor claim to be acting in the capacity of of?cers, 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 bene?ts, 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 Of?ce 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 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 observ?'and obey any and all Federal, State and local laws, rules and regulations, and to require its of?cers, 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, of?cer 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, of?cer or employee of the Municipality or the County or any natural person executing this Agreement. 15 Section 9.10. The parties each agrees 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 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 ?inded by all departments 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 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 shall be distributed to the County. Section 9.14. 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_apprg%xed by the Board of a? Legislatargcof the County of Westchester on the ay of gfby Local Law No. 1 -20 and by the County Board of Acquisition and Contract by Resolution approved on 0 a the may 0 2008:- These authorities are both attached hereto and made a part hereof as Schedule 16 Section 9.14. The headings in this Agreement are for reference purposes only and shall not be used in construing the terms of this Agreement. IN WITNESS WHEREOF, the County and the Municipality have caused this Agreement to be executed. THE COUNTY OF WESTCHESTER Joseph A. Stout Commissioner of Parks, Recreation Conservation 01a Approved by the Board of Legislators of the County of Westchester pursuant to Local Law No. -2oo?. 7 Approv by Resolution of the Board of Acquisition and Contract of the Country of Westchester on 93 ay of M7 200}? ask Approved by Resolution of the City Council of the City of Mount Vernon on theSday of 0 2003. Approved as to form and manner of execution: Qatari-3' a6 Mfr?m Sr. Assistant County Attorney The County of Westchester Mount Vernon Memorial field 1 1-19-08 17 ACKNOWLEDGEMENT STATE OF NEW YORK ss.: COUNTY OF WESTCHESTER On this day of December 2008, before me personally came CLINTON I. YOUNG, JR., to me known and known to me to be the MAYOR of the CITY OF MOUNT VERNON, NEW YORK the municipal corporation described in and which executed the within instrument, who being by me duly sworn did depose and say that he, the said MAYOR resides at Mount Vernon, New York and that he' 13 the MAYOR of said municipal corporation. (lg/Mmrkigm/VV Notary Public County of Westchester ORGE W. BROWN C?miesloner of Deeds For the City of Mount Vernon l(E?itazrlri?mlaalon Expires Dec 31. 2003 18 CERTIFICATE OF AUTHORITY (Municipality) I, GEORGE W. BROWN, certify that I am the DEPUTY CITY CLERK of the CITY OF MOUNT VERNON (the ?Municipality?), a corporation duly organized 1n good standing under the GENERAL MUNICIPAL LAW, named in the foregoing agreement; that CLINTON I. YOUNG, JR. who signed said agreement on behalf of the Municipality was, at the time of execution, MAYOR of the Municipality; that said agreement was duly signed on behalf of said Municipality by authority of its CITY COUNCIL thereunto duly authorized; and that such authority is in force and effect at the date thereof. {00131101111113 202$an /(Signature) STATE .01? NEW YORK 88.: COUNTY OF WESTCHESTER) On this gift!? day of December 2008, before me personally came GEORGE W. BROWN, whose signature appears above, to me known, and known to be the DEPUTY CITY CLERK of the CITY OF MOUNT VERNON, the municipal 001 poratron described herein and who executed the above certi?cate, who being by me duly sworn did depose and say that she, the said DEPUTY CITY CLERK resides at MOUNT VERNON, NEW YORK 10550 and that he re the DEPUTY CITY CLERK of said municipal corporation. 211$)an otary ublic County of Westchester . t- - (1:333 333 11-313; .15; 3? SCHEDULE PROPERTY DESCRIPTION [to be attached] 15.27.. . SCHEDULE STANDARD INSURANCE PROVISIONS LITY) 1. Prior to commencing work, the Municipality shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best?s ?nancial rating of A- or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. The policies or certi?cates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, return receipt requested, for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Municipality shall upon notice to that effect from the County, obtain a new policy, submit the same to the Department of Risk Management of the County of Westchester for approval and submit a certi?cate thereof. 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 con?ict with or otherwise limit the contractual obligations of the Municipality concerning indemni?cation. All property losses shall be made payable to and adjusted with the County. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are ?led by reason of any operations under the Agreement, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due theMunicipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the County of Westchester. 2. The Municipality shall provide proof of the following coverage (if additional coverage is required for a speci?c agreement, those requirements will be described in the ?Special Conditions? of the contract speci?cations): Workers? Compensation. Certi?cate form 0105.2 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 Bene?ts 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 Bene?ts? Policy, or both, a temporary permit may be issued if the employer completes form C-105.2 in duplicate. A copy of form C- 1052 is sent to the Worker?s Compensation Board, Information Unit for investigation and report.) If the employer is self?insured for Worker?s Compensation, he should present a certi?cate from the New York State Worker?s Compensation Board evidencing that fact. Employer?s Liability with minimum limit of $100,000. General Liability Insurance with a minimum limit of liability per occurrence of 1 ,000,000 for bodily injury and $100,000 for property damage or a combined single limit of $1,000,000 naming the County of Westchester as an additional insured. This insurance shall indicate on the certi?cate of insurance the following coverages: Premises Operations. (ii) Broad Form Contractual. All Contracts involving the use of explosives and demolition shall provide the above coverage with elimination of the XCU exclusion ?om the policy, or proof that XCU is covered. Automobile Liability Insurance with a minimum limit of liability er occurrence of $1,000,000 for bodily injury and a minimum limit of $100,000 per- for property damage or a combined single limit of $1,000,000 unless otherwise indicated in the contract speci?cations. This insurance shall include for bodily injury and property damage the following coverages: Owned automobiles. (ii) Hired automobiles. Non-owned automobiles. 3. All policies and certi?cates of insurance of the Municipality shall contain the following clauses: Insurers shall have no right to recovery or subrogation against the County of Westchester (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. The clause "other insurance provisions" in a policy in which the County of Westchester is named as an insured, shall not apply to the County of Westchester. The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. 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. SCHEDULE Terms and Conditions of Park Operation Hours of operation, scheduling and supervision will be determined by the Municipality At all times when the Property is utilized, the Municipality will be responsible for the general supervision of the Property. The Municipality will be responsible for the maintenance of the Property and its related amenities. The Property must be open to all Westchester County residents. The Municipality may be asked from time to time to provide a report to the County Parks department detailing resident vs. non-resident use of the Property. The County acknowledges that there is currently suf?cient parking at Memorial Field to support the activities of the Property. The Municipality shall not reduce the number of spots available to support the Property with out permission from the Commissioner. Such permission will not be unreasonably withheld. Permit or other fees not to eXceed double what is charged to a Municipality resident group. It is understood and agreed between the parties that the complex is being improved for the use and bene?t of the public. To the extent any fees are charged for the use of any part of the Property, the fees charged to non-residents of the Municipality shall not exceed double the fees charged to Municipality residents. All fees shall be subject to prior County Parks department approval, such approval not to be unreasonably withheld. Advertising Signage: All advertising and signage to be utilized by the Municipality in connection with the operation of the Property shall be subject to the prior written approval of the Commissioner, such approval not to be unreasonably withheld, and shall: be provided to the County Parks department in advance for review. The Municipality shall acknowledge 'the County?s contribution toward improvement of the Property on any signs erected on the Property and on any other publications, documents, websites, etc. mentioning the Property. Security: The Municipality shall, at its sole cost and expense, continuously throughout the term of this Agreement provide adequate security and safety at the Property through the Municipality?s police department or other agency designated to provide such police services. The Municipality is responsible for the payment of all utility costs associated with the Property. The Municipality is responsible for litter refuse/removal and recycling at the Property. Vandalism repair and/or replacement on the Property are the responsibility of the Municipality. Revenue generated from the Property may be kept by the Municipality to offset operating expenses. The Municipality will manage the working relationship with the County Parks Department. SCHEDULE COPIES OF COUNTY AUTHORIZATIONS (LOCAL LAW AND RESOLUTION) LOCAL LAW noA42- ACT 3 2009 (BONDorigin TL-l'ni c: i HONORABLE BOARD OF LEGISLATORS in 0 THE COUNTY OF WESTCHESTER Your Committee is in receipt of a communication from the County Executive wherein he requests that your Honorable Board authorize the County of Westchester to enter into an intennunicipal agreement with the City of Mount Vemon (?City?) whereby the County will lease property known as Memorial Field from the City and will contribute fund's toward the design and construction of improvements thereon, to be operated and maintained by the City and accessible to all County residents. Your Committee is also in receipt of a proposed Bond Act prepared by Hawkins Dela?eld Wood which would authorize the County to issue up to $1,300,000 in bonds of the County to cover the County?s share of the design of this project. The appropriation for this project is contained in the County?s 2008 Capital Budget as Project Parkland Acquisition/Westchester Legacy Program. In addition, a proposed Capital Budget Amendment for BLAOI would amend the County?s 2008 Capital Budget to increase the appropriation for this capital project by Nine Million Seven Hundred Thousand ($9,700,000) Dollars. The parcel to be leased to the County is located on Sandford Boulevard in the City and comprises approximately twelve acres. Under the proposed IMA, the City will lease the property to the County in order to facilitate the issuance of County bonds to ?nance the proj ect's design and construction. The City has applied under the Westchester Legacy Program for County ?nancial assistance to design and construct improvements to Memorial Field. The improvements include, but are not limited to: demolition of existing structures, stands and courts; construction of an illuminated turf football/soccer ?eld; a natural turf illuminated soccer field; grandstands for 4,000 people; all-weather track; illuminated basketball court; new buildings to include a ticket booth, concession stand, bathrooms, press box with restroom and elevator, service building and locker rooms; replacement of concrete sidewalk; installation of chain link fencing; and associated infrastructure, site?work and landscaping, The total cost of the project is estimated to be $12,700,000. Under the proposed IMA, the City will undertake design and construction of the improvements and the County will reimburse the City up to $9,700,000 of the design and construction costs. At this time bonding is only sought for $1,3 00,000 for design. A bond request to finance construction of the improvements will be submitted to your Honorable Board at a later date. Following construction, the City will be responsible for the operation, maintenance, scheduling and security of the facility at its own expense. The facility will be operated by the City, but will be available to all Westchester County residents. Any revenue collected will be kept by the city to offset its operating expenses. All fees will be subject to prior County approval. To the extent any fees are charged for the use of any part of the facility, the fees charged to non-residents of the City will not exceed double the fees charged to the City?s residents. The term of the IMA will be ?fteen (15) years. In consideration of the County?s contribution toward the Memorial Field rehabilitation, the City will accept ?as is?, upon execution of the IMA, the transfer of ownership of the following County roads and any related right?of-way totaling approximately 2.32 miles (collectively, the ?Transferred Roads?). The Transferred Roads are: Midland Ave. from Eastchester/Mount Vernon line to Yonkers line; Fulton Ave. from Columbus Ave. to Fulton Ave. Bridge; Fulton Ave. from Bridge Abutment to Bridget Abutment (only road section will be transferred; bridge structure will remain under County jurisdiction); East Lincoln Ave. ?'om Pelham line to Marion Ave; East Lincoln Ave. from Marion Ave. to North Columbus Ave; South Fifth Ave. from Sandford Blvd. to West Third St. South Fifth Ave. from West Third Street to West First Street; South Fifth Ave. from Bronx line to Sandford Blvd.;; Kimball Pl. from Columbus Ave. to DEF Transfer Station; and Yonkers Avenue Bridge from east end of bridge to Mount Vernon/Yonkers line (only road section will be transferred; bridge will remain under County jurisdiction). The City will also accept certain other County roads and any related right-of?way totaling approximately 1.95 miles following their rehabilitation by the County to improve them to a pavement condition rating of 80 (collectively, the ?Improved Roads?). The Improved Roads are: Sandford Blvd. from Hutchinson Blvd. to South Fulton Ave; Sandford Blvd. from South Fulton Ave. to Bronx line; Broad St. Viaduct from Yonkers line to Locust St. (only road section will be transferred; bridge structure will remain under County jurisdiction); and Columbus Ave. from Sandford Blvd. to South Fulton Ave. The City will immediately assume full responsibility and all costs for the repair, maintenance and operation of the Improved Roads, including, without limitation, snow and ice removal and all policing functions. Upon the retirement of all outstanding County bonds relating to the rehabilitation, ownership of the Improved Roads will be deemed to have been transferred to the City. The will require that following the transfer of the Roads, the City will continue to comply with, and agree that the County Planning Board will continue to have the jurisdiction under, Section 277.61 of the Laws of Westchester County and Sections 23 9-1 through 23 9-n of the New York General Municipal Law, as may be amended from time to time, as if the Roads were still County roads. Without limiting the foregoing, the City will continue to give notice of hearings and refer actions to the County Planning Board; the County Planning Board will continue to have the right to appear at hearings and make recommendations on proposed actions; and the City will continue to not act contrary to said recommendations, except as described in Section 277.61 of the Laws of Westchester County. In order to safeguard the aforementioned County rights, this provision will survive expiration of the IMA. Pursuant to section 1 15-b of the New York State Highway Law, a road or part of it may be removed from a county highway system and transferred to a town, village or city within which it lies. Section 115-b establishes a tln?ec-step procedure for such transfer: 1) the county superintendent of highways must recommend that the road. or part of it be conveyed to a town, village or city; 2) the transfer must be agreed to in writing by the town, village or city, or, if no agreement can be reached, by the State commissioner of transportation; and 3) the county board of supervisors must authorize removal of the road or part of it from the county road system. The Commissioner of Public Works exercises the powers of the County Superintendent of Highways, pursuant to section 131.1 1 of the County Charter, and has recommended that the Roads be conveyed to the City. The City, in turn, is prepared to accept the Roads through the proposed IMA, The attached legislation provides the necessary approval of your Honorable Board to remove the Roads from the Map. A Resolution of the County Planning Board amending its report on this capital project as required by Section 167.131 of the Laws of Westchester County is also attached. As your Honorable Board is aware, no action may be taken with regard to the proposed legislation-until the requirements of the State Environmental Quality Review Act and its implementing regulations, 6 Part 617 have been met. The Planning Department advises that the design of the rehabilitation of Memorial Field is classi?ed as a Type II action. In addition, the City will undertake the review under SEQRA for the construction of the project. Therefore, no further action is required by your Honorable Board. Your Committee concurs with this conclusion. Pursuant to Section of the County Charter, ?leases of property of others for terms exceeding ten years may be made by local law adopted by the af?rmative vote of two- thirds of all members" of your Honorable Board. It should be noted that approval of the Bond Act and the Act amending the capital budget also require the af?nnative vote of a 2/3 majority. Your Committee believes that this IMA is in the best interest of the County and recommends adoption of the annexed Resolution scheduling a public hearing on the proposed Local Law and, thereafter, passage of the Local Law, the Act amending the capital budget and the Bond Act. Dated: 6M0 ,2008 White Plains, New York COMMITTEEON: eastward?mm] .n . CIDLV ll-l??08 LOCAL LAW No. ?200q A LOCAL LAW authorizing the County of Westchester to enter into an intermunicipal agreement with the City of Mount Vernon whereby the County will lease property from the City and will contribute ?Jnds toward the design and construction of improvements thereon, to be operated and maintained by the City and accessible to all County residents. BE IT ENACTED by the Board of Legislators of the County of Westchester as follows: Section 1. The County of Westchester (?County?) is hereby authorized to enter into an intermunicipal agreement with the City of Mount Vernon (?City?) whereby the County will lease property from the City and will contribute ?mds toward the design and construction of improvements thereon, to be operated and maintained by the City and accessible to all County residents. The parcel to be leased to the County is known as Memorial Field, is located on Sandford Boulevard in the City and comprises approximately tWelve acres. Pursuant to the IMA, the City shall undertake design and construction of the improvements and the reimburse the City up to $9,700,000 of the design and construction costs. Following construction, the City shall be responsible for the operation, maintenance, scheduling and security of the facility at its own expense. The facility shall be operated by the City, but shall be available to all Westchester County residents. All fees shall be subject to prior County approval. To the extent any fees are charged for the use of any part of the facility, the fees charged to non-residents of the City shall not exceed double the fees charged to? the City?s residents. The IMA shall also provide that, as further consideration for the County?s investment, the City shall accept the transfer ?as is?, upon execution of the IMA, ownership of the following county roads and any related right-of-way totaling approximately 2.32 miles (collectively, the ?Transferred Roads?). The Transferred Roads are: Midland Ave. from EastchesterMount Vernon line to Yonkers line; Fulton Ave. from Columbus Ave. to Fulton Ave. Bridge; Fulton Ave. from Bridge Abutmentto Bridge Abutment (only road section shall be transferred; bridge structure shall remain under County jurisdiction); East Lincoln Ave. from Pelham line to Marion Ave; East Lincoln Ave. from Marion Ave. to North Columbus Ave; South Fifth Ave. from Sandford Blvd. to West Third St.; South Fifth Ave. from West Third Street to West First Street; South Fifth Ave. from Bronx line to Sandford Blvd; Broad St. Viaduct from Yonkers line to Locust St. (only road section being transferred); Columbus Ave. ?'om Sandford Blvd. to South Fulton Ave; Kimball Pl. from Columbus Ave. to DEF Transfer Station; and Yonkers Avenue Bridge from east end of bridge to Mount Vernoanonkers line (only road section shall be transferred; bridge structure shall remain under County jurisdiction The City shall also accept certain other County roads and any related right-of-way totaling approximately 1.95 miles following their rehabilitation by the County to improve them to a pavement condition rating of 80 (collectively, the ?Improved Roads?). The Improved Roads are: Sandford Blvd. from Hutchinson Blvd. to South Fulton Ave; Sandford Blvd. from South Fulton Ave. to Bronx Line; Broad St. Viaduct from Yonkers Line to Locust St. (only road section shall be transferred; bridge structure shall remain under County jurisdiction); and Columbus Ave. from Sandford Blvd. to South Fulton Ave. The City shall immediately assume full reSponsibility and all costs for the repair, maintenance and Operation of the Improved Roads, including, without limitation, snow and ice removal and all policing functions. Upon the retirement of all outstanding County bonds relating to the rehabilitation, ownership of the Improved Roads shall be deemed to have been transferred to the City. The County shall remove the all of the roads from the County road system in the manner prescribed by Section 11543 of the Highway Law. The term of the IMA shall be ?fteen (15) years. The County Executive or his authorized designee is hereby authorized to execute any instruments and to take any action necessary and appropriate to effectuate the purposes hereof. This Local Law shall take effect immediately. Memorandum Department of Planning To: Karen Ramos, Senior Assistant County Attorney Dawn Foster, Assistant County Attorney John ?-Paul Iannace, Assistant County Attorney David Vutera, Senior Assistant County Attorney From: Gerard E. Mulligan Commissioner Date: November 13, 2008 Re: SEQR DOCUMENTATION FOR CAPITAL PROJECT: BLAOI Parkland Acquisition/Westchester Legacy Program Memorial Field, City of Mount Vernon In accordance with the State Environmental Quality Review Act and its implementing regulations, Part 617 (SBQR), the Flaming Department has completed its review of the above capital project for which bonding has been requested. The current request for design of the project is a Type II action and requires no further environmental review. A SEQR Status Sheet has been prepared for the project and is attached. ATT. cc: Anne Reasoner, Budget Director Arthur Vietro, Deputy Budget Director Lorraine Yazzetta, Budget Analyst Patrick Natarellj, Chief Planner David Kvinge, Director of Environmental Planning Elma Woo, Executive Secretary to the County Attorney PARKLAND ACQUISITION LEGACY PROGRAM BLA01 User Department Planning Project Location: Managing Department(s) Pants, Recreation Conservation Planning Estimated Completion Date: TBD Planning Board Recommendation: Project has historical implications. Project approved in concept but subject to subsequent sla?= review. Estliit Cost Appropriatled Exp 1 Dial 2008 2009 2011 2012 Under Review Gross 135,025 89,725 72,790 5,300 10,000 10,000 10,000 10,000 Non County Share (386) (386) 62 Total 134,639 89,339 72,852 5,300 10,000 10,000 10,000 10,000 Project Description This project funds land acquisition for four major objectives. One major objective is to purchase parkland for active recreation, such as, baseball and soccer ?elds, hallways and bike paths. A key component of the ball ?eld initiative is to partner with municipalities on the acqusition and/or development of ball ?elds to maximize available funding. The development of River Walk, the County Bcew?ve's proposed promenade along the Hudson River is a key component of the Legacy Program. In addition, a major objective is to preserve green space, protect our County's natural habitats and protect rivers, streams and lakes. The project also preserves land for historic preservation and protection of our cultural heritage. Current Year Decor-i 'on . . i- 2000 5,300,000 5,300,000 Im act on era?n Bud et The impact on the Operating Budget is debt service associated with the issuance of. bonds. Project Status The project is on-going. See note regarding reconciliation of Collected Revenue and Bond ISSued in separate section. PARKLAND ACQUISITION LEGACY PROGRAM (BLAO1 Appropnanu Year Amount Description 1990 10,000,000 Parkland acquisition 1991 2,500,000 Parkland acquisition - COMPLETE. 1992 9,975,000 Parkland acquisition COMPLETE. 1993 5,000,000 Parkland acquisition - 1994 2,500,000 Parkland acquisi?on - COMPLETE. 1999 $000,000 Parkland acquisition - COMPLETE. 20"" $000,000 Parkland acquisition - COMPLETE. 2001 5,000,000 Parkland acquisition - COMPLETE. 2002 10,000,000 Parkland acquisition - COMPLETE. 2003 7,500,000 Parkland acquisition - COMPLETE. 2004 5,000,000 Parkland acquisition - COMPLETE. 2005 5:000:000 Parkland acquisih?on - ON GOING. 2006 ill-000,000 Parkland acquisition ON GOING. 2007 7,250,000 Parkland Acquisition ON-GOING. Total 89,725,000 F?w?mePnah?ms? "Li? . 33555 Appropriated Collected Uncollected Bond Proceeds 87,444,000 62,791,939 24,652,011 Funds Revenue 1,895,000 1,885,000 10,000 State Funds 45,844 (45,844) Others 386,000 (107,934) 493,934 Total 39,725,000 64,614,898 25,110,102 non'sz Loin/n noo?zzo?t tannin noo?oso?: so 95': noo?oas?: soiaziu aoo?ons?t so ?02 noo?os: who!? non?ong't so 622 non?osg oun?oss so as: noo?sv when! noo?zao?s aoo?nso's so (21' 0001103 uoo?not safer/z: za 0001307: to as: 000%! 50122121: noo?ont an an noo?osv to 89: ono'saz mist/Ir to mn'szz Inlet/tr non?szz to n: ono'ooa'r noo'oos?v no an ono?ono?r 00/10/11: no 95 ono'ors?z ssnom oon?ots?z as it ono'oso?z 55mm aoo?oso?z 66 St 000?? salsalzt ono'sz cotton! oou?uss 6511012! 0001101: 66 01: ass'tzz?t 390':er 25/51/170 oon?nss?z as Obs zas'sst?t tau-cm 25 mt wr'sn gst?ts sslsum ?99991 ?6 ?rs zst?ss selsrho zzs'szz ?6 oun?ooz?s zalsriot nno?noz?s :6 ?121: 26 95:: Watt: 25151:!? we'stz 26 95: oon?szs $615110: oou?oss?z zsls?nr 26 zsls?o: oao?szs?t :6 z: ssz?ars: ?519ch estate :6 as Imna Ivs?ua?sr 4592?:th aos'ao?os 1m; to 991: to so: mis?t! ?0 mist!? ouo?oos 90 mist!? 90 59 90 :91 solstl? aoo?oso?r so or. 0001106 oon?oos so ts nno?os mist/II so on so an- so 58! can't mist/n so on noo?osz?t so as ono's to so 00013057. 170 no: oon?osg ono?osz tois?tt to to: uno?ono?z on ?61 LOVE-331 Iowa CAPITAL PROJECT FACT SHEET Project: BLA01 Parkland AcquisitionNVestchestcr Legacy Program Date Submitted: 10/03/08 Memorial Field, Mount Vernon Cat_egory: Buildings, Land Miscellaneous Department: Parks, Recreation and Conservation Legislative 13 Overall Pro iect Descriptio The project provides funding for the acquisition of parkland and open space land to ?ll?ll the key objectives of the County Open Space Policies and the Westchester Legacy Program. Best Management Practices 1? Fnergy Conservation Ff" In?'astructure 1" Life Safety Project Labor Agreement 1?5; Revenue Security Other I FIVE-YEAR CAPITAL PROGRAM (in thousands) Estimated (1 Ultimate Appropriated 2003 2009 2010 2011 2012 Rev: cw Total Cost Gross 144,725 89,725 5,300 10,000 10,000 10,0 00 10,000 9,700 Less Non-County Shares 386 386 Net 144,339 I 89,339 5,300 10,000 10,000 10.0 00 10,000 9,700 Expendelebligated Amount?n thousands} as of 10122108 $63,511 Current Bond Description: Bonding is requested for the design of the-rehabilitation of Memorial Field complex. The work will include demolition of existing structures, stands, and courts, the construction of an illuminated turf football/soccer ?eld, a natural turf illuminated soccer ?eld, grandstands for 4,000 people, a new all-weather track, new illuminated basketball court, new buildings to include: ticket booth, concession stand, bathrooms, press box with restroom and elevator, service building and locker rooms, replacement of concrete sidewalk, installation of new chain link fencing, associated infrastructure, site?work and landscaping. The current bond request is for design, project management and administration. Amt. Requested: 1,300,000 PPU: 5 years SEQR Classi?cation: Type II Comments. Total project cost is approximately $12,700,000 with the County to centribute up to $9,700,000 and the City of Mt. Vernon to contribute the remaining costs. A capital budget amendment (CBA) is being requested for the County's share and is shown in Under Review. Appropriation History (in thousands}: 1990: 10,000 for parkland acquisition. 1991: 2,500 for parkland acquisition. 1992: 9,975 for parkland acquisition. 1993: 5,000 for parkland acquisition. 1994: 2,500 for parkland acquisition. 1999: 5,000 for parkland acquisition. 2000: 5,000 for parkland acquisition. 2001: 5,000 for parkland acquisition. 2002: 10,000 for parkland acquisition and Legacy projects. 2003: 7,500 for parkland acquisition and Legacy projects. 2004: 5,000 for parkland acquisition and Legacy projects. 2005: 5,000 for parkland acquisition and Legacy projects. 2006: 10,000 for parkland acquisition and Legacy projects. 2007: 7,250 for parkland acquisition and Legacy projects. 2008: for parkland acquisition and Legacy projects Total: 95,025 CAPITAL PROJECT FACT SHEET Financing History (in thousands): 1,895 1991: 350 1992: 9,990 1992: 3 3.700 1992: 3,775 1999: 400 1999: 2.310 1999: 2.050 2000: 4.800 2001: 225 2001: 450 2001: 385 '2002: 100 2002: 900 2002: 200 2003: 3,050 2003: 1,050 2003: 1,500 2003: 1,600 2003: 850 2004: 4,000 2004 2,000 2004 7,300 2004 1,400 2005 900 2005 8 1,250 2005 4,050 2005 2,754 2005 160 2005 2005 525 2006 100 2006 1,550 2007 300 2007 $6,000 2007 250 2007 2,550 2007 3,500 2008 250 2008 $200 2008 $200 2008 $4,000 Total $87,388 Recommended By: Cash Bond Act #86-91 Bond Act #74-92 Bond Act #32-92 Bond Act #1 13-92 Bond Act #156-92 Bond Act 181-93 Bond Act #10?99 Bond Act #47-99 Bond Act #78-99 Bond Act #56-00 Bond Act #178?00 Bond Act #1 17-01 Bond Act #168-01 Bond Act #215-01 Bond Act #176-02 Bond Act #228-02 Bond Act #230-02 Bond Act #127-03 Bond Act #156-03 Bond Act #207-03 Bond Act #23 9-03 Bond Act #25 3 -03 Bond Act #6-04 Bond Act #197-04 Bond Act #200-04 Bond Act #202 Bond Act #54 Bond Act #33 Bond Act #79 Bond Act #144 Bond Act#185 Bond Act #219 Bond Act#238 Bond Act #106 Bond Act #152 Bond Act #6 Bond Act 126 Bond Act #165 Bond Act #166 Bond Act# 244 Bond Act#5 Bond Act#58 Bond Act#82 Bond Act#155 RahkolScharwz Property Jay Property, Rye Bald Mountain (Amt. decreased per 66-00) Pocantico Hills Property Stunnan Property, Yonkers Hillside Woods Ottinger Property New Rochelle Library Green Gaisman Estate, Greenburgh Hillpoint Uni?cation Church Glenwood Lake, New Rochelle Glenville Woods Graham Windham, Dobbs Ferry RiverWalk Tibbetts/Saxon Woods Uni?cation Church property (former) master plan, Tarrytown Westwood Property Acquisition, Irvington Houlihan Open Space Acquisition, Lewisboro Shadow Lake Open Space Acquisition, Yorktown Ball Field, Saxon Woods Park, White Plains/Scarsdale Ball Field, Louisa Street, Peekskill Taxter Ridge Open Space Acquisition, Greenburgh Ball Field, Columbus Park, Port Chester Ball Fields, Tibbetts Park, Yonkers Ball Field, Bronx River Reservation, Mt. Pleasant RiverWalk Acquisition, Ichabod?s Landing, Sleepy Hollow Bernhardt Park Improvements, Sleepy Hollow Eagle River Open Space Acquisition, Somers King Street Ball Field, Rye Brook RiverWalk, Tarrytown Amended by 219-2005 Miracle Field, Greenburgh Skate Board Park, City of Rye Croton on Hudson Scotti Wake?eld Yorktown Ball?elds Yorktown Skate Park Flint Park Scenic Riverwalk Phase 1 Colonial GrennwayIFansreau Riverwalk Riverwalk Crawbuckle Rivewalk-Tarreytown CAPITAL PROJECT FACT SHEET Arthru Vietro 11/2 HOS chony LaCroce 101'22/08 Budget Department Date Department of Public Works Date Patrick Natatelli Joseph A. Stout 10/22/08 Department of Flaming Date Requesting Department Date FISCAL IMPACT STATEMENT CAPITAL PROJECT: BLA01 El NO FISCAL IMPACT PROJECTED CAPITAL BUDGET IMPACT (To be completed by Finance Department and Budget Department) A) GENERAL FUND AIRPORT SPECIAL REVENUE FUND (Districts) EXPENSES AND REVENUES Source of County Fands (check one): Current Appropriations Capital Budget Amendment B) BONDING AUTHORIZATIONS Total Principal 35 1.300.000 PPU: Anticipated Interest Rate Anticipated Annual Cost (Principal and Interest) 8278.748 Total Debt Service (Annual CostXTerm) 1.393.740 Finance Department: Int. rates from 11/17/08 Bond Buyer PT C) IMPACT ON OPERATING BUDGET (To be completed by Operating Department and reviewed by Budget Department) Potential Related Expenses: Annual 278.748 Debt Potential Related Revenues: Annual Anticipated Savings to County andlor Impact on Department Operations (Describe in detail for current and next four years.): Annual Debt $278,748 'Xa . Prepared by: Peter J. Neglia Reviewed By: 9/ Title: Assls_ta_nt to the Commissioner Budget Department Department: PRC if you need more space. please attach additional sheets. SEOR STATUS SHEET PROJECT: Parkland Acquisition/Westchester Legacy Program (BLAO 1) DEPARTMENT: Planning Description and of the County Executive?s RiverWalk. Bonding is now requested for the design of the rehabilitation of Memorial Field recreational complex. SEQR Status Type II. The design of the rehabilitation of Memorial Field in the City of Mount Vernon is classi?ed as a Type II action pursuant to section ?conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action.? WCDP October 2008 30-5 ACT No. 24-2009 AN ACT amending the County 2008 Capital Budget by Increasing the appropriations for Capital Project BLA01 Parkland Aoquisltion/Westchester Legacy BE IT ENACTED by the Board of Legislators 0f the County of Westchester as follows: Section 1. The Capital section of the 2008 Budget is hereby amended as follows by adding thereto the appropriations for the purposes and in the amounts set forth below: PrevioUS 2008 Revised 2008 Appropriation Change Appropriation i. APPROPRIATION $95,085,000 +$9,700,000 $104,725,000 Section 2. The estimated method of ?nancing in the Capitai Section of the 2008 Westchester County Capital Budget is amended as follows: It. METHOD OF Bonds and/or Notes $92,744,000 +$9,700,000 $102,244,000 Non County Shares $1,895,000 $1,895,000 Cash $390,000 $306,000 Total $95,025,000 +$9,700,000 $104,725,000 Section 3. This ACT shall take effect immediately. 3A6 REFERENCE BLAOI ACT NO. 4 -200?? BOND ACT AUTHORIZING THE ISSUANCE OF $1,300,000 BONDS OF THE COUNTY OF WESTCHESTER, OR SO MUCH THEREOF AS MAY BE NECESSARY, TO FINANCE THE COST OF PREPARATION OF SURVEYS, PRELIMINARY AND DETAILED PLANS, SPECIFICATIONS AND ESTIMATES NECESSARY FOR PLANNING RECREATIONAL AREA IMPROVEMENTS FOR THE MEMORLAL FIELD COMPLEX IN THE CITY OF MOUNT VERNON, UNDER THE WESTCHESTER LEGACY STATING THE ESTIMATED MAXIMUM COST THEREOF IS $1,300,000; STATING THE PLAN OF FINANCING SAID COST INCLUDES THE ISSUANCE OF $1,300,000 BONDS HEREIN AUTHORIZED TO FINANCE SUCH AND PROVIDING FOR A TAX TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS. (Adopted 01/05, 2009) BE IT ENACTED BY THE COUNTY BOARD OF LEGISLATORS OF THE COUNTY OF WESTCHESTER, NEW YORK (by the af?rmative vote of not less than two? thirds of the voting strength of said Board), AS FOLLOWS: Section 1. Pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the the Westchester County Administrative Code, being Chapter 852 of the Laws of 1948, as amended, to the provisions of other laws applicable thereto, and the Intennunicipal- Agreement between the County and the City of Mount Vernon, $1,300,000 bonds of the County, or so much thereof as may be necessary, are hereby authorized to be issued to ?nance the cost of the preparation of surveys, preliminary and detailed plans, speci?cations and estimates necessary for planning and construction management of recreational area improvements for the Memorial Field Complex in the City of Mt. Vernon, under the Westchester Legacy Program, all as set forth in the County?s 2008 Capital Budget, as amended. To the extent that the details set forth in this act are inconsistent with any details set forth in the 2008 Capital Budget of the County, such Budget shall be deemed and is hereby amended. The estimated maximum cost of said speci?c object or purpose, including preliminary costs and costs incidental thereto and the ?nancing thereof is $1,300,000. The plan of ?nancing includes the issuance of $1,300,000 bonds herein authorized, and any bond anticipation notes issued in anticipation of the sale of such bonds, and the levy of a tax to pay the principal of and interest on said bonds. Section 2. The period of probable usefulness of said speci?c object or purpose, within the limitations of Section 11.00 a. 62(2?) of the Law, is ?ve (5) years. Section 3. Currentfunds are not required to be provided as a down payment pursuant to Section 107.00 d. 9. of the Law prior to issuance of the bonds authorized herein, or any bond anticipation notes issued in anticipation of the sale of such bonds. The County intends to ?nance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the County, pursuant to this Act, in the maximum amount of $1,300,000. This Act is a declaration of of?cial intent adopted pursuant to the requirements of Treasury Regulation Section 1.150?2. Section 4. The estimate of $1,300,000 as the estimated total cost of the aforesaid speci?c object or purpose is hereby approved, and as the amount of bonds herein authorized is not in excess of 10,000,000, this Act is not subject to referendum. Section 5. Subject to the provisions of this Act and of the Law, and pursuant to the provisions of ?3 0.00 relative to the authorization of the issuance of bond anticipation notes or the renewals thereof, and of ??50.00, 56.00 to 60.00 and 168.00 of said Law, the powers and duties of the County Board of Legislators relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, relative to providing for substantially level or declining annual debt service, relative to prescribing the terms, form and contents and as to the sale and issuance of the respective amounts of bonds herein authorized, and of any notes issued in anticipation of the sale of said bonds or the renewals of said notes, and relative to executing agreements for credit enhancement, are hereby delegated to the Commissioner of Finance of the County, as the chief ?scal of?cer of the County. Section 6. Each of the bonds authorized by this Act and any bond anticipation notes issued in anticipation of the sale thereof shall contain the recital of validity prescribed by {552.00 of said Local Finance Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the County of Westchester, payable as to both principal and interest by general tax upon all the taxable real property within the County without limitation as to rate or amount. The faith and credit of the County are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds or the renewals of said notes, and provision shall be made annually in the budgets of the County by appropriation for the amortization and redemption of the notes and bonds to mature in such year and the payment of interest to be due and payable in such year. Section The validity of the bonds authorized by this Act and of any notes issued in anticipation of the sale of said bonds, may be contested only if: such obligations are authorized for an object or pmpose for which the County is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of this Act or a summary hereof, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or such obligations are authorized in violation of the provisions of the Constitution. Section 8. This Act shall take effect in accordance with Section 107.71 of the Westchester Caunty Charter. STATE OF NEW YORK COUNTY or WESTCHESTER I, the undersigned Clerk of the Board of Legislators of the County of Westchester, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the Board of Legislators of said County, including the Bond Act contained therein, held on January 5, 2009 with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the therein referred to. I FURTHER CERTIFY that all members of said Board had due notice of said meeting. .1 FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law {Open Meetings Law), said meeting was open to the general public. I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be to be given to the following newspapers and/or other news media as follows: Newspaper and/or other news media Date Given The Journal News December 31, 2008 The New York Times WEAS WHUD WVOX Channel 12 I FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates: Designated Location(s) of posted notice Date of Posting Public Notice Bulletin Board December 31, 2008 8th Floor Michaelian Office Building 148 Martine Avenue White Plains, New York IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County Board of Legislators on January 6, 2009. \Zm tie/o, ?sad Tina ?kerson, Westchester County Board of Legislators (CORPORATE SEAL) AYES: NOES: ABSENT: Legislator Legislator Legislator Legislator Legislator Legislator Legislator Legislator Legislator Legislator Legislator Legislator Legislator Legislator Legislator Legislator Legislator The foregoing Bond Act was duly put to a vote which resulted as follows: Martin Rogowsky George Oros Thomas Abinanti Jose Alvarado Gordon Burrows William Burton Peter Harokham Kenneth Jenkins Michael Kaplowitz James Maisano Judith Myers John Nonna Vito Pinto William Ryan Bernice Spreckman Lyndon Williams Lois Bronz The Bond Act was thereupon declared duly adopted. 2008 STATE OF NEW YORK SS. COUNTY OF WESTCHESTER I HEREBY CERTIFY that I have compared the foregoing Local Law No. 2 - 2009. Act No. 3 - 2009, and (Bond) Act No. 4 - 2009, with the originals'on ?le in my of?ce, and that the same are correct transcripts there?'om, and of the whole, of said original Local Law, Act, and Bond) Act, which were duly adopted by the Westchester County Board of Legislators of the County of Westchester on January 5, 2009 and approved by the County Executive on January 8, 2009. IN WITNESS WHEREOF, I have hereunto set my hand and af?xed the Corporate Seal of said County Board of Legislators on this 9th day of January, 2009. Tina Seckerson Clerk of the Westchester County Board of Legislators County of Westchester, New York (seal) Memorandum .engchester 1.. gov-corn Department of Parks, Recreation - ?up" i Conservation January 14, 2009 r? To: Board of Acquisition and Contract (33/ From: Joseph A. Stout (23:3 Commissioner of Parks, Recreation and Conservation {as Salvatore J. Carrera Director of Economic Development/Real Estate 30?\ Re: Authority to enter into an intennunicipal agreem??q?with the City of Mount Vernon whereby the County will lease property know?s Memorial Field from the City and will contribute ?inds toward the design daunstruction of improvements thereon, to be operated and maintained by the Cigygl accessible to all County residents. IQ 0? Authority is requested to enter 1&9) an intermunicipal agreement with the City of Mount Vernon (?City?) whereb County .will lease property known as Memorial Field from the City and will contribu toward the design and construction of improvements thereon, to be operated and cnahitained by the City and accessible to all County residents. The parcel to cPfgased to the County is located on Sandford Boulevard in the City and comprises approximgtely twelve acres. Under the proposed IMA, the City will lease the preperty to the nty in order to facilitate the issuance of County bonds to ?nance the project?s dos and construction. The City has applied under the Westchester Legacy Program unty ?nancial assistance to design and construct improvements to Memorial Field. Elie improvements include, but are not limited to: demolition of existing structures, courts; construction of an illuminated turf football/soccer ?eld; a natural turf illuminated soccer ?eld; grandstands for 4,000 peOple; all?weather track; illuminated basketball court; new buildings to include a ticket booth, concession stand, bathrooms, press box with restroom and elevator, service building and locker rooms; replacement of concrete sidewalk; installation of chain link fencing; and associated infrastructm'e, site-work and landscaping. The total cost of the project is estimated to be $12,700,000. Under the proposed IMA, the City will undertake design and construction of the improvements and the County will reimburse the City up to $9,700,000 of the design and construction costs. Following construction, the City will be responsible for the operation, maintenance, scheduling and security of the facility at its own expense. The facility will be operated by the City, but will be available to all Westchester County residents. Any revenue collected will be kept by the City to offset its operating expenses. All fees will be subject to prior County approval. To the extent any fees are charged for the use of any part of the facility, the fees charged to non- residents of the City will not exceed double the fees charged to the City?s residents. The term of the IMA will be ?fteen (15) years ?om execution. In consideration of the County?s contribution toward the Memorial Field <35 rehabilitation, the City will accept ?as is?, upon execution of the IMA, the transf ownership of the following County roads and any related right-of?way totalizg?iproximately 2.32 miles (collectively, the ?Transferred Roads?). The Transferred Roads Midland Ave. from Eastchester/Mount Vernon line to Yonkers line; Fulton Ave. ?'omggl?umbus Ave. to Fulton Ave. Bridge; Fulton Ave. from Bridge Abutment to Bridge (only road section will be transferred; bridge structure will remain under Couniy jurisdiction); East Lincoln Ave. from Pelham line to Marion Ave.; East Lincoln As?? from Marion Ave. to North Columbus Ave.; South Fifth Ave. from Sandford Blvd. to W619 Third St; South Fifth Ave. from West Third Street to West First Street; South Fifth . from Bronx line to Sandford Blvd.; Kimball Pl. from Columbus Ave. to DEF mugs tation; and Yonkers Avenue Bridge from east end of bridge to Mount Vernon/Yonkers line (only road section will be transferred; bridge structure will remain under (8661an jurisdiction). The City will also accept f?way totaling approximately 1.95 miles certain other County roads and any related ri following their rehabilitation by the Cou?pmve them to a pavement condition rating of 80 (collectively, the ?Improved Roads?) Improved Roads are: Sandford Blvd. from Hutchinson Blvd. to South Fulton Arse? Sandford Blvd. from South Fulton Ave. to Bronx line; Broad St. Viaduct from YonquS line to Locust St. (only road section will be transferred; bridge structure will remain un?t County jurisdiction); and Columbus Ave. from Sandford Blvd. to South Fulton Ave. age City will immediately assume ?ll] responsibility and all costs for the repair, maintenaneev?and operation of the Improved Roads, including, without limitation, snow and emoval and all policing ?mctions. Upon the retirement of all outstanding Coun onds relating to the rehabilitation, ownership of the Improved Roads will be deemed to hg een transferred to the City. <9 will also require that following the transfer of the Roads, the City will continggqo comply with, and agree that the County Planning Board will continue to have the jurisdi tion under, Section 277.61 of the Laws of Westchester County and Sections 239-1 through 239?n of the New York General Municipal Law, as may be amended from time to time, as if the Roads were still County roads. Without limiting the foregoing, the City will continue to give notice of hearings and refer actions to the County Planning Board; the County Planning Board will continue to have the right to appear at hearings and make recommendations on proposed actions; and the City will continue to not act contrary to said recommendations, except as described in Section 277.61 of the Laws of Westchester County. In order to safeguard the aforementioned County rights, this provision will survive expiration of the IMA. The goals and objectives of the are to assist the City to rehabilitate the existing facility known as Memorial Field and make park land available and accessible to its residents while bene?ting all of Westchester County residents. The agreement promotes public health as the facility will allow Westchester County residents to participate in active recreation sports including football, soccer, lacrosse, track ?eld and basketball. The Parks Department will be responsible for monitoring the by written updates provided by the City of Mt. Vernon as well as site visits by Parks staff on a continual basis before, during and after construction of the facility. The Parks Department will have constant contact with the City throughout the duration of the entire project from design through ?nal construction. When the facility is operational, the City will operate, maintain and schedule the facility provi usage reports, fee schedules and maintenance reports to the Parks Department. The Board of Legislators approved Local Law No. 2-2009 on anuary?g?,? 2009 authorizing this MA. This agreement is exempt from the operation of theN/estchester County Procurement Policy pursuant to Section 3 and 3 (b . 4?43" We recommend approval of the attached proposed 043/ RESOLUTION Upon a communication from Joseph A. Stout, Commissioner of Parks, Recreation and Conservation and Salvatore J. Can'era, Director of Economic Development Real Estate, be it hereby RESOLVED, that the County of Westchester (the ?County?) is hereby authorized to enter into an intermunicipal agreement with the City of Mount Vernon whereby the County will lease property from the City and will contribute funds the design and construction of improvements thereon, to be operated and main?g?g the City and accessible to all County residents. The parcel to be leased to the Coun known as Memorial Field, is located on Sandford Boulevard in the City and com a approximately twelve acres; and be it humor RESOLVED, that pursuant to the IMA, the City shall un?qrtake design and construction of the improvements and the County shall reimb the City up to $9,700,000 of the design and construction costs. Following City shall be responsible for the operation, maintenance, scheduling and security ofb?le facility at its own expense. The facility shall be operated by the City, but shall be available to all Westchester County residents. All fees shall be subject to prior Co ?approval. To the extent any fees are charged for the use of any part of the facility fees charged to non-residents of the City shall not exceed double the fees charged ED City?s residents; and be it ?lrther 0 RESOLVED, that the shall also provide that, as further consideration for the County?s investment, the City shalchcept the transfer ?as is?, upon execution of the IMA, ownership of the following Co roads and any related right-of?way totaling approximately 2.32 miles (collectively, the-o nsferred Roads?). The Transferred Roads are: Midland Ave. ??om Eastchester/Mount When line to Yonkers line; Fulton Ave. from Columbus Ave. to Fulton Ave. Bridge; F?ltbn Ave. from Bridge Abutment to Bridge Abutment (only read section shall be tr erred; bridge structure shall remain under County jurisdiction); East Lincoln Ave. fr elham line to Marion Ave.; East Lincoln Ave. from Marion Ave. to North Columbus South Fifth Ave. from Sandford Blvd. to West Third St.; South Fifth Ave. from Wesg??hird Street to West First Street; South Fi?h Ave. ?'om Bronx line to Sandford Blvd.; IQ?nball Pl. from Columbus Ave. to DEF Transfer Station; and Yonkers Avenue Bridge from east end of bridge to Mount Vernon/Yonkers line (only road section shall be transferred; bridge structure shall remain under County jurisdiction The City shall also accept certain other County roads and any related right-of-way totaling approximately 1.95 miles following their rehabilitation by the County to improve them to a pavement condition rating of 80 (collectively, the ?Improved Roads?). The Improved Roads are: Sandford Blvd. from Hutchinson Blvd. to South Fulton Ave. Sandford Blvd. from South Fulton Ave. to Bronx Line; Broad St. Viaduct from Yonkers Line to Locust St. (only road section shall be transferred; bridge structure shall remain under County jurisdiction); and Columbus Ave. from Sandford Blvd. to South Fulton Ave. The City shall immediately assume full responsibility and all costs for the repair, maintenance and operation of the Improved Roads, including, without limitation, snow and ice removal and all policing ?mctions. Upon the retirement of all outstanding County bonds relating to the rehabilitation, ownership of the Improved Roads shall be deemed to have been transferred to the City. The County shall remove all of the roads from the County road system in the manner prescribed by Section 1 lS-b of the Highway Law; and be it ?irther RESOLVED, that the term of the IMA shall be ?fteen (15) years from execution; and be it further 4 Q- RESOLVED, that the County Executive or his authorized designee is he authorized to execute all instruments and take all actions reasonably this Resolution. 9 <33" 43/ Joseph A. Stout Salvatore J. Commissioner of Parks, Director of?al Estate! Recreation and Conservation Ecorromjoci?kvelopment 69) .19 (pg! NI Original Agreement $9,700,000 First Amendment 3 This Amendment V?s TOTAL sarcoma 00 ?lr ?5 so Agreement ?99 00 Trust Account to be Fund Sub Account Dollars Chargedlerediled Phase Or Unit Obieet ~46 A Budget nding Wade) 2009 Start Date execution End Date 15 from execution (must etch resolution) Funding Source Tax Dollars 100% State Aid 59,700,000 Federal Aid (must match resolution) Other AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN MER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY. WHEREAS, by letter dated November 21, 2008, Mayor Clinton I. Young, Jr. has requested legislation authorizing the City of Mount Vernon to enter into an Inter-Municipal Agreement with Westchester County for the joint operation, restoration and maintenance of Memorial Field; and WHEREAS, this Inter-Municipal Agreement will consist of the County providing 9.7 million to design and construct an illuminated turf football/soccer ?eld; a natural turf illuminated soccer ?eld, grandstands for 4,000 people; all weather track; illuminated basketball courts; new buildings to include a ticket booth, concession stand, restrooms, press box, elevator, service building and locker rooms; replacement of concrete sidewalk; and other hi?-astructure improvements; NOW, THEREFORE, The City of Mount Vernon, in City Council convened, does hereby ordain NOV 2 5 2008 and enact: I5 Section 1. The Mayor is hereby authorized to enter into an Inter- Municipal Agreement with Westchester County for the joint operation, restoration and maintenance of Memorial Field. Section 2. This ordinance shall take e?ect immediately. APPROVED AS TO FORM ?email: qupofarl Cou APPROVED APPROVED i% - 1 Mayor Dept.