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2017-01-10 - Board of Trustees Meeting Documents
Village of Rye Brook � Agenda w U Board of Trustees Meeting � c� Tuesday, January 10, 2017 at 7:30 PM Village Hall, 938 King Street 1. 7:30 P.M. - REGULAR MEETING: 2. PLEDGE OF ALLEGIANCE: 3. REPORT/PRESENTATIONS: 4. PUBLIC HEARINGS: 4.1. Considering an application by SC Rye Brook Partners, LLC (Sun Homes) for the subdivision of the property located at 1100 King Street. *12.08.16 Sun Homes PB Report& Recommendation *10.11.16 Sun Homes SEAF *01.10.17 Sun Homes Phase Subdivision SEAF Part 2 &3 *01.05.17 Sun Homes SEQR Review *12.27.16 Sun Homes West Co Comments *12.06.16 Sun Homes FP Clark Memo *10.11.16 Sun Homes Cover Letter * 11.17.16 Sun Homes Certified Resolution PB Referral *10.11.16 Sun Homes Subdivision Application *10.11.16 Sun Homes Subdivision Map Plat * 10.16.16 Sun Homes Title Report *04.06.16 Sun Homes Suez Water Pressure *05.06.15 Sun Homes Bargain and Sale Deed 5. RESOLUTIONS: 5.1. Resolution considering an application by SC Rye Brook Partners, LLC (Sun Homes) for the subdivision of the property located at 1100 King Street. *Resolution: Sun Homes Subdivision Resolution 5.2. Considering the renewal of a permit for AT&T Wireless Telecommunications Facility at 1100 King Street. *Resolution: Wireless Application 1100 King Street (final draft) *I 100 King Street Wireless Application 5.3. Considering a proposed local law regarding parkland reservation for site plan and subdivision applications. *Resolution: Parkland Reservation Local Law *Parkland Reservation Local Law 5.4. Considering the renewal of an inter-municipal agreement with the County of Westchester for Cablevision Lightpath telephone and internet services. *Resolution: WC IMA Cablevision Lightpath *Cablevision Lighipath IMA *WC Cablevision Lightpath Contract Page 1 of 298 5.5. Considering a transfer of funds for a street light project. *Resolution: Street Light Project Budget Transfer *Graybar Quotation Additional LED Heads 5.6. Considering the approval of minutes for the meetings held on October 25, 2016, November 8, 2016,November 22, 2016 and December 13, 2016. *Resolution: Minutes *Minutes November 22. 2016 *Minutes November 8, 2016 *Minutes October 25, 2016 *Minutes December 13, 2016 - Work Session *Minutes December 13, 2016 6. ADMINISTRATOR'S REPORT: 7. OLD BUSINESS: 8. NEW BUSINESS: 9. DISCUSSION ITEM: 10. UNFINISHED BUSINESS 11. ADJOURNMENT ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETING January 24, 2017 and February 14, 2017 Page 2 of 298 December 8, 2016 APPROVED 6-0 RESOLUTION AUTHORIZING SUBMISSION OF A REPORT AND RECOMMENDATION TO THE RYE BROOK BOARD OF TRUSTEES ON AN APPLICATION BY SUN HOMES FOR APPROVAL OF A PUD SUBDIVISION ON PROPERTY LOCATED AT 1100 KING STREET BE IT RESOLVED, that the Rye Brook Planning Board hereby submits the attached Report and Recommendation to the Rye Brook Board of Trustees on an application by Sun Homes for approval of a PUD Subdivision for real property located at 1100 King Street. On a motion by Ms. Schoen, seconded by Mr. Morlino, Mr. Michal Nowak, Village Engineer, called the roll: APPROVING THE REFERRAL RESOLUTION: Ayes: ACCURSO, GOODMAN, GRZAN,MORLINO, RICHMAN, SCHOEN Nays: Abstain: Excused: TARTAGLIA 13131741581062v1 1219116 Page 3 of 298 REPORT AND RECOMMENDATION FROM THE RYE BROOK PLANNING BOARD TO THE RYE BROOK BOARD OF TRUSTEES ON AN APPLICATION BY SUN HOMES FOR APPROVAL OF A PUD SUBDIVISION FOR PROPERTY LOCATED AT 1100 KING STREET L APPLICATION OVERVIEW The Rye Brook Board of Trustees is currently considering an application by Sun Homes ("Applicant") for approval of a Planned Unit Development (PUD) Subdivision for a project involving a residential community consisting of 110 dwelling units (the "Project") on real property located at 1100 King Street in a PUD Zoning District , and designated on the Town of Rye Tax Map as Parcel 129.25-1-1 (the "Property"). On July 28, 2015, the Board of Trustees adopted a Negative Declaration for the proposed action and on February 23, 2016, the Board of Trustees approved a PUD Site Plan for the construction of 110 single family homes, including 10 units of affordable housing. The Negative Declaration which culminated the BOT's SEQRA review included a full and comprehensive review of potential impacts such as traffic, stormwater, wetlands, steep slopes, wildlife, tree removal, community character and other relevant categories of potential environmental impact. As stated by the Applicant, the subdivision of Property into 111 lots (110 residential lots and 1 common area lot) is being sought to facilitate the sale and financing of the project. On November 8, 2016, the Board of Trustees referred the application to the Planning Board for consideration of a report and recommendations. 13131741581062v1 1219116 Page 4 of 298 II. DISCUSSION: The Planning Board considered the application at its December 8, 2016 meeting and provided the following comments: 1. On the issue of limitations on future improvements within the subdivision, the Planning Board is satisfied that the Homeowners' Association will prohibit improvements on private lots. 2. There should not be public parking located on private lots, as currently shown on the subdivision plat. 3. The Planning Board has no planning-related concerns regarding the issue of whether there should or should not be a"gap"provided between private property lines for the location of retaining walls that will be maintained by the HOA. III. RECOMMENDATIONS Based on the foregoing, the Planning Board hereby recommends that the Board of Trustees approve the PUD Preliminary and Final Subdivision Application, provided the subdivision plat is revised to remove public parking from private lots. Dated: Rye Brook,New York December 8, 2016 On motion by Ms. Schoen, seconded by Mr. Morlino, Mr. Michal Nowak, Village Engineer, called the roll: APPROVED AT THE DECEMBER 8, 2016 MEETING OF THE RYE BROOK PLANNING BOARD BY A VOTE OF 6-0. ACCEPTING THE REPORT AND RECOMMENDATION: Ayes: ACCURSO, GOODMAN, GRZAN,MORLINO, RICHMAN, SCHOEN Nays: Abstain: Excused: TARTAGLIA 13131741581062v1 1219116 Page 5 of 298 Short Environmental Assessment Form Part I -Project Information Instructions for Completing Part 1-Project information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are Subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Kingfield Subdivision Approval (Sun Homes) Project Location(describe,and attach a location map): 1100 King Street,Rye Brook,New York(Section 129.25,Block 1,Lot 1) Brief Description of Proposed Action: Application for subdivision approval to create 110 residential lots to develop 110 residential units of which 10 dwellings would qualify as Affordable Housing.The Project Site has been previously reviewed by the Village of Rye Brook Board of Trustees and Planning Board, regarding proposed text amendments to the Zoning Code and for Site Plan and Planned Unit Development(PUD)approval for the proposed 110 residential units. Name of Applicant or Sponsor: Telephone: 845-855-9400 SC Rye Brook Partners,LLC E-Mail: bob@buckinghampartners.com Address: 3 Memorial Avenue City/PO: State: Zip Code: Pawling New York 12564 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? IP Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2, Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES IP Yes,list agency(s)name and permit or approval: Building Department-Building Permits El Wl Architectural Review Board Approval 3.a.Total acreage of the site of the proposed action? 31.54 acres b.Total acreage to be physically disturbed? Appox.27 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 76.4 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban [I Rural(non-agriculture) ❑Industrial [Z]Commercial 0Residential(suburban) ❑Forest ❑Agriculture El Aquatic ®Other(specify): Institutional;private recreation(golf course) ❑Parkland Page 1 of 3 Page 6 of 298 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ ❑✓ ❑ b.Consistent with the adopted comprehensive plan? ❑ F-71 ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ ✓❑ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify:Name:Airport 60 Ldn Noise Contour,Reason:Exceptional or unique character,Agency:Westchester Eloun a e: - - 77 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES Z ❑ b.Are public transportation service(s)available at or near the site of the proposed action? ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ 9.Does the proposed action meet or exceed the state energy code requirements? FNO YES If the proposed action will exceed requirements,describe design features and technologies: ❑✓ 10. Will the proposed action connect to an existing public/private water supply? YES If No,describe method for providing potable water: ❑ ❑✓ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑ ✓❑ 12, a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ✓❑ ❑ b.Is the proposed action located in an archeological sensitive area? ✓❑ ❑ 13,a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ ❑✓ b.Would the proposed action physically alter,or encroach into,any existing wetland or waturbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: No wetland work mesad Work includes completion of two water quality stormwater basins and one stormwater retention basin originally constructed in the 1980s. 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: E]Shoreline W]Forest ❑Agricultura.l/grasslands ❑Early mid-successional m Wetland ❑Urban ®Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? ❑ ✓❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ❑ a.Will storm water discharges flow to adjacent properties? EZ]NO DYES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe, ❑NO YES Surface water to be connected to existing stormwater quality basins and central detention basin No new point sources since stormwater basins already exist.New development will connect to existing basins. Page 2 of 3 Page 7 of 298 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g,retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: RI ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. Applicant/sponsor name:Taylor M.Palmer.Esq.,As Attorney For The Applicant Date:September 27,2016 r- Signature: - --' I PRINT FORM Page 3 of 3 Page 8 of 298 EAF Mapper Summary Report Tuesday,September 20,2016 5:56 PM Disclaimer: The EAF Mapper is a screening tool intended to assist laW'..''+r✓n,� '• project sponsors and reviewing agencies in preparing an environmental assessment form(EAF).Not all questions asked in the EAF are answered by the EAF Mapper.Additional Information on any EAF question can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up-to-date digital data available to DEC,you may also need to contact local or other data sources in order to obtain data not provided by the Mapper.Digital data is not a 2 substitute for agency determinations. 5 v ,-- y�i DtS�w# M01149narl H a rn son I �hicng . ��4StQn +s,�C�tr�i4' 11-111 Sattac Es }3ERE,.t,; Larme;U SQCwis �'#N'ashlt#aicl't `: at ru_�.:.a, 1"'+r - Inkecmap,incr�emtxtt f'MZ4`px t'a'RGAt$ �,T,i +� 5ruaces Esta#iERE Japan HETI.E ri�C,hins�cng{fa(79)..,.Lk�ii.- ,r l3•eLcraiae U 'v Intermsp' acslRt# {Thailend),Mapmglndis 0penSteetfMa touement9'Ccrfx ? GAtdffi x,. copiributcrs,and th.�tG�St4serCommunrty �., ' ,'�,' E�riJajSsn TstETI•EsrrC#Ttns,';,; �... !Part 1 !Question 7 [Critical Environmental !Yes Area] Part 1 !Question 7[Critical Environmental IName:Airport 60 Ldn Noise Contour, Reason:Exceptional or unique character, Area-Identify] i gency:Westchester County, Date:1-31-90 I Part 1 !Question 12a [National Register of ,No Historic Places] ) !Part 1 /Question 12b [Archeological Sites] No ,Part 1 /Question 13a[Wetlands or Other !Yes-Digital mapping information on local and federal wetlands and Regulated Waterbodies] Iwaterbodies is known to be incomplete. Refer to EAF Workbook. Part 1 /Question 15[Threatened or !Yes Endangered Animal] Part 1 /Question 16[100 Year Flood Plain] )Yes Part 1 /Question 20[Remediation Site] 'No Short Environmental Assessment Form-EAF Mapper Summary Report 1 Page 9 of 298 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: Z ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: Fv/1 ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Taylor M.Palmer,Esq.,As Attorney for the Applicant Date: September 27,2016 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 21 ❑ 3. Will the proposed action impair the character or quality of the existing community? 21 ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑ establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ a.public/private water supplies? b.public/private wastewater treatment utilities? Z 8. Will the proposed action impair the character or quality of important historic,archaeological, ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 Page 10 of 298 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage 1:1problems? IZI 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. This is a Negative Declaration regarding the 111-lot subdivision in connection with the already approved development of 100 single-family dwellings and 10 Affordable and Fair Housing units located in the PUD District on the property known as Reckson Executive Park,Phase 3,1100 King Street,Section 129.25,Block 1,Lot 1 on the Town of Rye Tax Map.The re-zoning of the property into the PUD District,necessary zoning text amendments,and the PUD Concept Plan were the subject of an environmental review under SEQRA that ended in the adoption of a Negative Declaration by the Lead Agency. The Rye Brook Board of Trustees,as Lead Agency adopted a Negative Declaration for the original Proposed Action that included re-zoning into the PUD District,zoning text amendments,a PUD Concept Plan,and subsequently a PUD Site Plan on July 28,2015.Though the original Proposed Action did not include a subdivision,the subdivision of the current Proposed Action does not in any way alter the re-zoning into the PUD District,the zoning text amendments,or the approved PUD Concept Plan that were the subject of the environmental review under SEQRA and the Negative Declaration.Nor does the subdivision change the approved PUD Site Plan for development of 110 single-family homes that closely follows the approved PUD Concept Plan. The Lead Agency does not expect the proposed subdivision plan to create new impacts not already assessed during the original SEQRA review or to increase the impacts identified during the review,the assessment of which resulted in adoption of the original Negative Declaration. Therefore,the Lead Agency determines that the proposed 111-lot subdivision will not result in any significant adverse environmental impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Village Of Rye Brook Board of Trustees January 10, 2017 Name of Lead Agency Date Paul S.Rosenberg Mayor Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Marilyn Timpone-Mohamed,F.P.Clark Assoc.,Village Planners Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of Page 11 of 298 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits,Region 3 NEWYORK Department of 21 South Putt Corners Road,New Paltz,NY 12561-1620 STATE OF P:(845)256-3054 1 F:(845)255-4659 OPPORTUNITY Environmental www.dec.ny.gov Conservation ,January 5, 2017 Village of Rye Brook Attn: Christopher Bradbury, Village Administrator 938 King Street Rye Brook, New York 10573 E:Sun Homes, Reckson Executive Park SEAR Review Town of Rye,Westchester County CH : 5766 Dear Mr. Bradbury: The New York State Department of Environmental Conservation (DEC or Department) has received the Village of rye Brook Board of Trustees Notice of Intent (to continue) to Serve as SEQR Lead Agency for the above referenced project. SC Rye Brooks Partners, LLC, is proposing to construct a subdivision on International Drive in the Village of Rye Brook, Town of Rye, Westchester County. The proposed subdivision includes 110 residential units, a community building, a swimming pool, and associated parking, roadways, and infrastructure on 31.54 acres. Surface water is proposed to be connected to existing stormwater basins and central detention basin. The project is proposed to connect to existing water supply and wastewater utilities. Based upon our review of your notice received December 9, 2016, we offer the following comments: PROTECTION OF WATERS The following stream is located within or near the site you indicated: Blind Brook, DEC Water Index ID No. LIS-11, Class C and considered "non-protected." A Protection of Waters permit is required to physically disturb the bed or banks (up to 50 feet from stream) of any streams identified above as "protected. A permit is not required to disturb the bed or banks of"non-protected" streams. Since Blind Brook is considered "non-protected" at the project location, a Protection of Waters Permit is not required. If a permit is not required, please note;however, you are still responsible for ensuring that work shall not pollute any stream or waterbody. Care shall be taken to stabilize any disturbed areas promptly after construction, and all necessary precautions shall be taken to prevent contamination of the stream or waterbody by silt, sediment, fuels, solvents, lubricants, or any other pollutant associated with the project. R7EWYORK 1 D,p.rtmlltOf STATE QF UpROaTUNItt Envrr®ilrrtentO( Conservation -OVER PLEASE - Page 12 of 298 RE:Sun Homes,Reckson Executive Park SEQR Review Town of Rye,Westchester County CH#:5766 Date:January 5,2017 FRESHWATER WETLANDS The identified project site is near or in Freshwater Wetland G-3, Class 2. Be aware that a Freshwater Wetlands permit is required for any physical disturbance within these boundaries or within the 100 foot adjacent area. To have the boundary delineated, please contact Josh Fisher, Bureau of Habitat, at(845) 256-3113. In addition, please contact the town officials and the United States Army Corps of Engineers in New York City, telephone (917) 790-8511 (Westchester/Rockland Counties), or(917) 790-8411 (other counties), for any permitting they might require. STATE-LISTED SPECIES DEC has reviewed the State's Natural Heritage records. We have determined that the site is located within or near known occurrences of the following state-listed species: Sedge wren, Cistothorus platensis(threatened). Please note that the record of known occurrence is over 30 years old, therefore the Department does not anticipate direct adverse impacts to the Sedge wren, and no further review is required for this species. For technical questions regarding this species, please contact Elaina Burns of Wildlife at (845) 256-3827. The absence of data does not necessarily mean that rare or other state-listed species, natural communities or other significant habitats do not exist on or adjacent to the proposed site. Rather, our files currently do not contain information which indicates their presence. For most sites, comprehensive field surveys have not been conducted. We cannot provide a definitive statement on the presence or absence of all rare or state-listed species or significant natural communities. Depending on the nature of the project and the conditions at the project site,further information from on-site surveys or other sources may be required to fully assess impacts on biological resources. WATER QUALITY CERTIFICATION Please be aware that, while a Protection of Waters Permit is not required from the Department, the ACOE may require a permit for work completed in or impacting a federal wetland. If a permit from the ACOS is required, a Section 401 Water Quality Certification may be required from the Department. Please contact the ACOS for a determination. CULTURAL RESOURCES We have reviewed the statewide inventory of archaeological resources maintained by the New York State Museum and the New York State Office of Parks, Recreation, and Historic Preservation. These records indicate that the project is not located within an.area considered to be sensitive with regard to archaeological resources. For more information, please visit the New York State Office of Historic Preservation website at http://www.nysparks.com/shpo . pg. 2 Page 13 of 298 RE:Sun Homes,Reckson Executive Park SEAR Review Town of Rye,Westchester County CH# 5766 Date:January 5,2017 FEMA FLOODPLAINS/FLOODWAYS The project site indicated is located within a Federal Emergency Management Agency (FEMA) Floodplain/Floodway. The project sponsor should contact the local municipality to determine if any additional jurisdictions are applicable to the proposal. OTHER Please note that this letter only addresses the requirementsfor the following permits from the Department: Protection of Waters, State-listed Species, and Freshwater Wetlands. Other permits from this Department or other agencies may be required for projects conducted on this property now or in the future.Also, regulations applicable to the location subject to this determination occasionally are revised and you should, therefore, verify the need for permits if your project is delayed or postponed.This determination regarding the need for permits will remain effective for a maximum of one year unless you are otherwise notified. Applications may be downloaded from our website at www.dec.ny.00v under"Programs"then"Division of Environmental Permits." In.addition to transmitting the above comments, this letter also serves to confirm that we have no objection to the Village of Rye Brook Board of Trustees continuing to serve as lead agency status for this project. By copy of this letter we are advising SC Rye Brook Partners, LLC, of the above referenced resources, concerns and potential DEC permits. It is possible that the DEC permit requirements may change based upon additional information received or as project modifications occur. Please contact this office if you have questions regarding the above information. Thank you. Sincerely, Katherine Coffin Division of Environmental Permits Region 3, Telephone No. (845) 256-3158 Cc: Elaina Burns, R3 DEC Josh Fisher, R3 DEC SC Rye Brook Partners, LLC 3 Memorial Ave Pawling, NY 12564 bob@buckinghampartners.com pg. 3 Page 14 of 298 RE:Sun Homes,Reckson Executive Park SEQR Review Town of Rye,Westchester County CH#:5766 Date:January 5,2017 NOTE: Regarding erosion/sedimentation control requirements: Stormwater discharges require a State Pollutant Discharge Elimination System (SPDES) Stormwater permit from this Department if they either: occur at industrial facilities and contain either toxic contaminants or priority pollutants OR result from construction projects involving the disturbance of 5000 square feet or more of land within the NYC Department of Environmental Protection East of Hudson Watershed or for proposed disturbance of 1 acre or more of land outside the NYC DEP Watershed Your project may be covered by one of two Statewide General Permits or may require an individual permit. For information on stormwater and the general permits, see the DEC website at httg://www.dec.ny.gov/chemical/8468.html. For construction permits, if this site is within an MS4 area (Municipal Separate Storm Sewer System),the stormwater plan must be reviewed and accepted by the municipality and the MS-4 Acceptance Form must be submitted to the Department. If the site is not within an MS4 area and other DEC permits are required, please contact the regional Division of Environmental Permits. pg. 4 Page 15 of 298 .ULqcbester Referral Review VCom Pursuant to Section 239 L,M and N or the General Municipal Law and Section 277.61 or the County Administrative Code Robert P.Astorino County Executive County Planning Board. December 27,2016 Marilyn Timpone-Mohamed,Consulting Planner Rye Brook Village Hall 938 King Street Rye Brook,NY 10573-1226 Subject: Referral File No.RYB 16-001B—Sun Homes;Subdivision Continuation of Lead Agency Dear Ms.Timpone-Mohamed: The Westchester County Planning Board has received a subdivision plat (dated October 11, 2016) as well as a notice of intent for the Rye Brook Board of Trustees to continue as Lead Agency pursuant to the NYS Environmental Quality Review Act. The application involves a proposed planned unit development that would contain 110 dwelling units of which 10 would be set aside as affordable affirmatively furthering fair housing(AFFH).The subject site is the Phase 3 parcel of the Reckson Executive Park, which was previously approved for the construction of a 280,000 square foot office building with 1,120 parking spaces. That building was not constructed. The application seeks to construct the new housing development instead of the office building, with vehicular access provided via an extension of International Drive, the road which currently services the office park. We note that the 31.56-acre site has been rezoned from OB-1 to PUD and the PUD district regulations have been amended so as to require inclusion of affordable AFFH units in new developments. The applicant has also received PUD concept plan approval. We have no objection to the Rye Brook Board of Trustees continuing as Lead Agency for this review. We previously reviewed the site plan for this development under the provisions of Section 239 L, M and N of the General Municipal Law and Section 277.61 of the County Administrative Code and responded in a letter dated February 12, 2016. We note that the subdivision review is not under the jurisdiction of the County Planning Board. However, we offer our earlier comments again for your continued consideration: 1.Affirmatively furthering fair housing,(AFFH).We are supportive of the proposed application as it will bring 10 additional affordable AFFH units to the Village. This aspect of the application is consistent with the County Planning Board's long-range planning policies set forth in Westchester 2025—Context for County and Municipal Planning and Policies to Guide County Planning, adopted by the Board on May 6, 2008, amended January 5, 2010, and its recommended strategies set forth in Patterns for Westchester. The Land and the People,adopted December 5, 1995.The policies 132 Michaelian Office Building 118 Martine Avenue White Plains,New York 10G01 Telephone: (911)905 1100 Website: westchestergov.cam Page 16 of 298 Referral File No.RYB 16-OO1B—Sun Homes December 27,2016 Page 2 call for increasing the range of housing types in Westchester County. We recommend that the Village require that the affordable AFFH units meet all requirements of the Housing Settlement Agreement. 2. County sewer impacts. The proposed development will increase sewage flows from this site into the existing infrastructure. The increased flow will add to the volume of sewage flow requiring treatment at a Water Resource Recovery Facility operated by Westchester County. As a matter of County Department of Environmental Facilities policy, we recommend that the Village implement, or require the developer to implement, measures that will offset the projected increase in flow. The best means to do so is through reductions in inflow/infiltration (I&I) at a ratio of three for one for the market rate units and at a ratio of one for one for the affordable AFFH units. 3. Sidewalks and connections to adjacent parcels. We recommend that the plans be revised to place sidewalks along all roadways within the development. Doing so will provide for a safer walking environment for residents. We also recommend that a sidewalk be added to the full length of International Drive so as to connect the development to the office parks as well as to the Bee-Line bus stops that are located in front of each office building and along King Street. In addition, it may also be worth considering the provision of a pedestrian connection between the proposed development and the existing Belle Fair development since they will abut each other. Such a connection would greatly facilitate the ability for people to visit each other between the two developments without the need to drive (or walk) a circuitous route. Since these are two private residential developments, this could potentially be accomplished with a gate to which only residents have a key, if security is an issue. 4.Provisions for recycling.We recommend that the Village require the applicant to verify that there is sufficient space within the development to accommodate the expanded County recycling program that includes plastics with numbers 1 through 7. County regulations for plastic recycling may be found at: http://environment.westchestereov.com. 5. Stormwater management. We agree with the Village Planning Board recommendations that the applicant should submit an enforceable maintenance agreement for stormwater management facilities. 6. Green building technology. We encourage the applicant to consider using as much green building technology as possible in the proposed development. Thank you for the opportunity to comment on this matter. Respectfully, Fob, WESTCHESTER COUNTY PLANNING BOARD Edward Buroughs,AICP Commissioner EEB/LH Page 17 of 298 V FREDERICK P. CLARK ASSOCIATES, INC. PLANNING,TRANSPORTATION,ENVIRONMENT AND DEVELOPMENT RYE,NEW YORK FAIRFIELD,CONNECTICUT DAVID H.STC>LNWN MEMORANDUM AICP,PP PRESIDENT MICHAEL A.GALANTE To: Robert I. Goodman, Chairman, and the EXECUTIVE Planning Board of the Village of Rye Brook VICE PRESIDENT 35o THEO.FREMDAVE. Date: December 6, 2016 RYE,NEW YORK io56o 914 967-654o FAX:914967-6615 Subject: Reckson Executive Park, Phase 3— Kingfield (Sun Homes) CONNECTICUT Residential Development,Application for Subdivision Approval 203 255-3100 HUDSON VALLEY As requested, we reviewed a subdivision application submitted by the Reckson 945 297-6056 Executive Park Phase 3 property owner SC Rye Brook Partners, LLC, for LONG ISLAND construction of 110 attached and detached single-family homes that includes 10 516364-4544 AFFH units, a community building and swimming pool for the use of development www.fpclark.com residents, parking, roadways and other related infrastructure according to the email®fpdark.com approved Site Plan for the lot, Section 129.25, Block 1, Lot 1 on the Town of Rye Tax Map, located within the Reckson Executive Park, 1100 International Drive. Property Description The 31.54-acre property to be subdivided is located within the PUD Zoning District and the Z-1 Instrument Approach Zone of Westchester County Airport and is situated adjacent to and west of the Reckson Phase 1 and Phase 2 lots. It generally extends west to the Blind Brook and the western property line of the subject lot follows the course of the Blind Brook for the most part; however, a 0.5-acre portion of the lot is within the Town/Village of Harrison and is adjacent to property owned by the State University of New York. The first phase of the approved site plan for the residential development is currently under construction. The Phase 1 and Phase 2 lots of the Reckson office park are developed with office buildings, parking areas and the access road from King Street known as International Drive that runs through the office park. International Drive will be extended to provide access into the residential development on the Phase 3 lot. Project Description The Applicant submitted a preliminary subdivision plat to create 110 new building lots for the approved residential site plan and an additional larger lot for the common areas of the development, including the roads, community recreation areas, stormwater management facilities, and open space for a combined total of 111 lots. Page 18 of 298 FREDERICK P. CLARK ASSOCIATES, INC. PLANNING,TRANSPORTATION,ENVIRONMENT AND DEVELOPMENT RYE,NEW YORK FAIRFIELD,COYNECTICUT The new common-area lot also includes easements for drainage, utilities and access, and the portion of the property that extends into the Town/Village of Harrison. The preliminary plat and subdivision application were referred to the Planning Board by the Board of Trustees on November 8, 2016 for a report and recommendations. Review We reviewed the application, Short EAF, documents, and the subdivision map submitted by the Applicant as follows: 1. Short Environmental Assessment Form Part 1 and EAF Mapper Summary Report 2. Application for Subdivision of Land dated September 21, 2016 3. Letter to the Mayor and Board of Trustees prepared by Cuddy and Feder, LLP, White Plains, N.Y. dated October 11, 2016 4. Subdivision Map of"Kingfield," prepared by Link Land Surveyors, P.C., Mahopac, N.Y., dated April 28, 2016, revised October 11, 2016 5. Approved Site Plan, prepared by Divney, Tung, Schwalbe, LLP, White Plains, N.Y., dated 9/17/15, revised 12/23/15 Please note that our review is limited to planning, zoning and environmental issues. Comments We have the following comments regarding the application: 1. SEQRA Review. The Board of Trustees, as approval authority for the subdivision determined the Proposed Action to be an Unlisted Action under the State Environmental Quality Review Act (SEQRA), and will continue as Lead Agency for the SEQRA review of the subdivision. 2. Preliminary Subdivision Plat. We have the following comments regarding the preliminary plat based on review of plat and the approved site: a. The preliminary plat shows a utility easement within building lots 61 and 70, which the site plan shows as guest parking along the International Drive Extension. The applicant should clarify if is the intention to locate guest parking 2 Page 19 of 298 FREDERICK P. CLARK ASSOCIATES, INC. PLANNING,TRANSPORTATION,ENVIRONMENT AND DEVELOPMENT RYE,NEW YORK FAIRFIELD,COYNECTICUT on two residential lots. We recommend that public parking be located within the new common-area lot, not within residential lots. b. Several of building lots 1 thru 13 are shown with narrow areas of the common— area lot between them. The applicant should clarify if this is intended. 3. Guidelines for future site and building alterations. The creation of individual residential building lots increases the potential for residents to request home expansions and expansion of original patios, walkways and driveways, or the construction of new site features on their lots such as walls, fences or sheds that would increase the impervious surface coverage on the site. Condition 7 of the PUD Site Plan approval resolution adopted by the Board of Trustees states "The Applicant shall cooperate with the Village in developing guidelines for future renovations, home expansions or additions to ensure that no more than 11,000 square feet of additional impervious surface coverage is added to the site without further review and possible modification of the stormwater management system." We recommend that development of the referenced guidelines should begin now that the subdivision creates lot areas for each residence that could be used to shape such regulations. For instance, if all of the excess stormwater management capacity of the site is allocated only to the residential lots, then a maximum of 100 square feet of impervious surface coverage could be reserved for and added to each residential lot in the future without the need to increase the capacity of the stormwater management system and without review by a Village Board (only Building Permit review by the Building Department). Provided there is sufficient open space on a lot, the impervious surface coverage added could be expansion of the home, a new or enlarged site feature such as a new shed or a patio or driveway expansion, or a combination of a home expansion and site feature. Under the instance described, any expansion of the development's common facilities would require the HOA to expand the stormwater system, and would be subject to site plan review by the Board. If impervious surface coverage is used as the determinant of the foot print of expansions or new structures, we recommend development of additional guidelines for the expansions and additions, such as the types of changes allowable, and the locations and setbacks of allowable site changes. We look forward to discussion with the Planning Board regarding the application. 3 Page 20 of 298 FREDERICK P. CLARK ASSOCIATES, INC. PLANNING,TRANSPORTATION,ENVIRONMENT AND DEVELOPMENT RYE,NEW YORK FAIRFIELD,COYNECTICUT Marilyn Timpone Mohamed, ASLA,AICP Senior Associate/Planning/Environment cc: Honorable Mayor and the Village Board of Trustees Christopher Bradbury,Village Administrator Michal Nowak, Superintendent of Public Works/Village Engineer Jennifer L. Gray, Esq.,Village Attorney William S. Null, Esq.,for the Applicant Gerhard M. Schwalbe, P.E.for the Applicant J:IDOCS2I5001 Rye Brook1538.687.Sun Homes.Reckson Phase 3 Subdivision.PB Intro memo.mtm.docx 4 Page 21 of 298 GDDY 445 Hamilton Avenue,14th Floor White Plains,New York 10601 T 914 761 1300 + EF 914 761 5372 L• LLP cuddyfeder.com �I William S.Null wnull@cuddyfeder.com October 11, 2016 BY HAND Mayor Paul S.Rosenberg, and Members of the Village Board of Trustees Village of Rye Brook 938 Ding Street Rye Brook,New York 10J73 Re: Sun Homes(Kingfield) Application for Preliminary and Final Subdivision Approval for Planned Unit Development Premises, 11oo King Street; Section 129.25, Block 1,Lot 1 Dear Mayor Rosenberg and Members of the Members of the Board of Trustees: On behalf of Sun Homes (the "Applicant"), as authorized by SC Rye Brook Partners, LLC — the owner of the Premises, we respectfully submit this Application for Preliminary and Final Subdivision Approval to subdivide the Premises into 1u lots (i.e., 110 dwellings and one(1)lot for the common area)) to facilitate the sale and financing of this previously approved Planned Unit Development("PUD"),which approval was granted on February 23, 2o16 (the"PUD Approval')., The new community to be constructed on the Premises will be known as"Kingfield." As you know, the details of this development were reviewed by the Board of Trustees and Planning Board and approved by this Board earlier this year.At this time,the Applicant is seeking Preliminary and Final Subdivision approval for the creation of 111 lots (including 10 affordable housing units).2 During that process, the Board of Trustees conducted a full and comprehensive review of potential impacts such as traffic, stormwater,3 wetlands, steep slopes, wildlife, tree removal and compatibility with community character. Thereafter, Environmental Findings were 1 F,nelosed herewith are eight (8) copies of the Planned Unit Development Site Plan approval resolution, granted by the Board of Trustees on February 23,2016. 2 Village of Rye Brook Code Section 219-2(A)provides: "Major subdivisions. For all major subdivisions, as defined under this chapter, the Board of Trustees shall be the designated approval authority, and shall review all major subdivision applications in accordance with the procedures and requirements set forth in this chapter." a A Stormwater Pollution Prevention Plan (SWPPP) among other plans and reports was considered by the Village Board and Planning Board during the PUD Approval and in malting the Environmental Findings, WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT C&F:3217533.3 Page 22 of 298 CUDDY ' +FEDER LLP October 11, 2or6 Page-2- adopted in accordance with the rules and regulations promulgated under the New York State Environmental Quality Review Act("SEQRA"). The Preliminary and Final Subdivision Approval requested herein simply plots lines on a survey in a manner consistent with the PUD Approval to facilitate the sale and financing of the individual lots. It is respectfully submitted that the proposed subdivision layout is consistent with the PUD Approval and Environmental Findings adopted in connection therewith, and further that the subdivision provides for the orderly, efficient and economical development of the Premises. For these reasons, we respectfully request that the Village Board consider setting this Application for Preliminary and Final Subdivision Approval for a Public Hearing to be held at the Village Board meeting on October 2,9th In support of this Application, we respectfully submit a check in the amount of $72,400.00, payable to the Village of Rye Brook for the Subdivision Application Fee,4 together with eight (8) sets of the following: 1. Village of Rye Brook Application Form For Subdivision of Land; 2. Title Report Prepared for SC Rye Brook Partners,LLC by Fidelity National Title Company; S. Subdivision Map of "Kingfield" prepared by Link Land Surveyors P.C., last revised October 11, 2016; I 4, The Deed for the Premises to SC Rye Brook Partners, LLC; 5. A Short Environmental Assessment Form; 6. A so-called "will serve" letter, dated April 6, 2016, from Suez Water Westchester Inc. to Dolph Rotfeld Engineering, P.C.regarding"Fire Flow and Domestic Water Pressure;" 7. A so-called "will serve" letter, dated July 29, 2016, from the Westchester County Department of Environmental Facilities to Gerhard M. Schwalbe, P.E. regarding `Blind Brook W WTP and Blind Brook Trunk Sewer System;" 4 This Application Fee is submitted without prejudice to the Applicant's request to waive or reduce the Application Fee for the instant Application for Preliminary and Final Subdivision Approval.The Applicant respectfully requests,in the alternative and without prejudice to the above request to waive the Application Fee,that the Village Board reduce the Application Fee,seeking a credit for the ten(10)affordable housing units(for a$6,50o reduction of the Application Fee,which amounts to$65o per affordable unit,in accordance with the Village of Rye Brook Fee Schedule).Further,the Applicant requests a credit against the Recreation Fee paid for the PUD Approval for the ten(10)affordable housing units(for a total of$20,000, which amounts to$2,000 per affordable unit,in accordance with the Village of Rye Brook Fee Schedule). As indicated on the Application Form For Subdivision of Land,Numbered Paragraph 15,Subsection d., the Applicant consents to entry onto the Premises by the Village of Rye Brook Board of Trustees and Building Department in connection with the Application for Preliminary and Final Subdivision Approval, WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT MY :9217573'3 Page 23 of 298 C�®®Y f +FE®ER LLP A October 11, 2o16 Page-3- 8. A letter, dated April 22, 2016, prepared by the New York State Department of Transportation to A.Peter Russillo,P.E., PTOE,regarding traffic timing adjustments; 9. A so-called"will-serve"letter, dated April 22, 2015, regarding electric and gas service from Con Edison,to Como Real(Sun Homes); and lo. A Memorandum, dated April 7, 2o16, prepared by Dolph Rotfeld Engineering, P.C., Consultants and Designers. We also enclose one(r)electronic/disc copy of the complete Application for Preliminary and Final Subdivision Approval including all of the above-referenced documents. We look forward to appearing before this Board on October 25th in order to address any questions. Thank you for your consideration in this matter. Respectfully yours, illi S. 11 WSN:yp Enclosures cc: Edward Beane, Esq. and Jennifer Gray, Esq.;Mr, Christopher Bradbury,Village Manager; Messrs. Robert Dale and Bill McGuinness; Messrs. Gerhard M. Schwalbe and Mark Shogren; Andrew A. Glickson,Esq.; and Taylor M.Palmer, Esq. WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT C&F 3217531.7 Page 24 of 298 On a motion made by Trustee Rednick and seconded by Trustee Heiser,the following resolution was adopted. RESOLUTION REFERRING A SUBDIVISION APPLICATION TO THE VILLAGE OF RYE BROOK PLANNING BOARD FOR REPORT AND RECOMMENDATION VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Board of Trustees is in receipt of an application by SC Rye Brook Partners, LLC, property owner, for approval of a subdivision of property located at 1100 King Street,designated as Parcel ID 129.25-1-1 on the Town of Rye Tax Map and located in the PUD Zoning District;and WHEREAS,the Board of Trustees is the Approval Authority for the application pursuant to Village Code§250-7.E(4)(b)(2);and WHEREAS,the Board of Trustees determines the proposed action to be an Unlisted Action pursuant to the State Environmental Quality Review Act(SEQRA). NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the PUD subdivision application to the Village of Rye Brook Planning Board for review and a report and recommendation. BE IT FURTHER RESOLVED,that the Board of Trustees directs that,pursuant to General Municipal Law §239-n, the application shall be referred to Westchester County Department of Planning for comment no less than 30 days prior to the public hearing concerning the application. BE IT FURTHER RESOLVED,that the Board of Trustees directs that,pursuant to General Municipal Law §239-nn and the Westchester County Administrative Code,notice of public hearing shall be sent to the Town/Village of Harrison no less than 10 days prior to the public hearing concerning the application. BE IT FURTHER RESOLVED,that the Board of Trustees directs that,pursuant to SEQRA, Notice of Intent to confirm its continuing status as Lead Agency shall be circulated to all Involved Agencies. TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE State of New York County of Westchester ss: Village of Rye Brook I I hereby certify that this is the Resolution adopted by the Board of Trustees of the Village of Rye Brook which was duly passed by said Board on November 8,2016 IN WITNESS WHEREOF,I have hereunto set my hand and affixed the Seal of the Village of Rye Brook,this 17th day of November,2016 Village ClcrkL_...'/ Page 25 of 298 BUILq' ] 'TW MENT VILCST OF,RYGOOK 938 KING ALT RNY 10573 (9 14)93 6$ (9139-5801 Wr r *wwwwww���*wwwww�ww*ww*w*w:s�����x*��*��:ww��**���*w�wwwwwww*ww�***wwwwww�wwwww**wwwwwwwwwwwwww*wwww�wwwwww+� FOR OFFICE USE ONLY: BOT Approval Date: PB Approval Date: BOT Disapproval Date: PB Disapproval Date:_ Attach Resolution Hereto: BOT[ ] PB[ ] ZBA[] Chairman: SUBDIVISION FEE: DATE PAID: ENVIRONMENTAL FEE: DATE PAID: OTHER: 5HEb L.E: Preliminary Platt Application: $900.00+$650,00/Additional Lot.(application fees are non-refundable) nal Platt: / Recreation: Residential=$10,000.00/acre+:2,000.00/dwelling unit. Commercial=: 10,000,00/acre+$2,000,00/2,000 sp.ft. APPLICATION FOR SUBDIVISION OF LAND Application dated, September 27, 2016 is hereby made to the Village of Rye Brook for a Subdivision of Land,Lot Merger,or other land use function in accordance with§219 and all other applicable sections of the Code of the Village of Rye Brook,as per detailed statement described below. wwww*wwww*w.www*w**w**w*wwwwwww*wwtww*w**ww*wtwwwwwwx*www*ww*wr*s*wtxwww*wwwwwwwwrwwwwwa*w*wwww*ww*wwww***ww*:r**w*+tw** 1. Property Address: 1100 King Street SBL: 129.25/1/1 Zone: PUD 2. Property Owner: SC Rye Brock Partners, LLC ob@ Address: 3 Memorial Ave., Pawling, NY 12564 email: buckinghampartners.com Tel.:845-855-9400 3. Applicant:eob Dale, SC Rye Brook Partners, LLC In g Address: 3 Memorial Ave., Pawling, NY 12564 email: buckinghampertners-cum Te1.:845—B55-9400 I 4. Professional Engineer: ferry Schwalbe, Divney Tung Schwalbe, LLP Esc wa c vney Address: 1 North Broadway, White Plains, NY 1060&nail: tungschwalbe.com Te1.:914-42B-0010 5. Licensed Land Survey or:Joseph R. Link, Link Land Surveyors P.C. 21 Clark (dace, suits jlink@ Address: Mahopec, New York 10541 email: linklandeurveyors.oem Tel.:845-628-5857 6. Subdivision Name/Identifying Title: Kingfield 7. Abutting Streets: King Street/International Drive 8. Does property connect directly into channel lines as established by the Westchester County Commissioner of Public Works? (�NO ( )YES: 9. Is lot within 500 feet of the Municipal Boundary? O NO (X)YES: (ifyes list all adjacent Municipalities below): Town/Village of Harrison 10. Size of Existing Lot: 31.54 Acres 11. Size(s)of Proposed Lot(s): Consistent with Village Board of Trustees PUD and Site-Plan Approval. 12. Are proposed road centerlines staked? O YES (X)NO(ifno,indicate anticipated dateofstaking) T.B.D. REVISED 8114115 Page 26 of 298 13. Has the proposed lot(s)been staked? ( )YES (x)NO(if no indicatcanticipated date of staking) T.B.D. 14. Number of Proposed Dwelling Units: 110 Unita i 15. Estimated Cost of Construction:$ T.O.D. Additional Information required to be submitted: a. Proof of ownership of the subject parcel(s). b. Certificate of Title Company covering all interests,liens,judgements,objections to title if any. i C. Formal offers of cession to the Village of all streets&park areas not to remain private. d. Written agreement authorizing entry onto the property(s)by Village employees&officials. e. Any list of waivers requested by the applicant. f. Engineers estimated cost of construction of all streets,buildings,and site improvements. g. Final Subdivision plat and final subdivision plans. h. Proof of Approval by NY State DOT and/or Westchester County DOT for any proposed State or County street/intersection. i. Proof of Approval by Westchester County DPW for drainage lines if connecting directly into County established channel lines. j. Proof of Approval from the appropriate Utility Company for all proposed utilities&equipment. k. Proof of Approval from Westchester County DPW Division of Stream Control,if applicable. 1. Properly completed Environmental Impact Statement.(available on the NYS DEC website) M. Any additional information as requested by the Village of Rye Brook. Please note that this application must include the notarized signature(s)of the legal owner(s)of the above-mentioned property, In the space provided below. Any application not bearing the legal property owner's notarized signature(s)shall be deemed null and void,and will be retumed to the applicant. STATE OF NEW YORK,COUNTY OF WESTCHESTER ) as: hli(U-A" fA660I t41JF-�S ,being duly sworn,deposes and states that he/she is the applicant above named, (print name of individual signing as the applicant) and further states that (s)he is the legal owner of the property to which this application pertains, or that (s)he is the for the legal owner and is duly authorized to make and file this application. (indicate architect,contractor,agent,attorney,etc.) That all statements contained herein are true to the best of his/her knowledge and belief,and that any work performed,or use conducted at the above captioned property will be in conformance with the details as set forth and contained in this application and in any accompanying approved plans and specifications,as well as in accordance with the Newyork State Uniform Fire Prevention &Building Code,the Code of the Village of Rye Brook and all other applicable laws,ordinances and regulations. S or M before me this / Sworn to before lne this da 20n�4 & ofday 20 tary Public Notary Public`�.A- �qoy/) LAURENWAofN Notary public,State of New York Signature of Property Ownei Qualified in Dutchess County Signature of Applicant Jej 17.1(I.Lt ktj'Ftc�V( ('E$ Re .No.01WA6tl44960 Commission Expires June 12,20 Print Name of Property OwnerLIL Print Name of Applicant REVISED 8114115 Page 27 of 298 '00 o00 ol 5 , 4 , h- 1 1 o Z - 3= I I I I > 2 i J D � 0 0 0 0 /0 0 0 m 0 0 / / o 0 A 0 , // O O ✓ \ 0 3 — 0O O Fj 9 z O O Is 1 7 CD I �m m s m m y i � Y f E J E I c — 4^� 331J15' R.IONI�I' I gNM m 0 F O � -=m - _ - a Z O m—S.p '- ^4 1 Yr � O D C m m y a G m mm — z Z D O m -. .-_ . . ,. _ .- . . . . s F. . . ..F O r _ w - _ - �mD=-n z 11 a s0am�m-ir-D �i m W m -o O FIDELITY NATIONAL TITLE INSURANCE COMPANY NY-F NY SAM-2730632-2-16- POLICY No.: TITLE NO.: 14-7406-33946WEST 33946 SCHEDULE A AMOUNT OF INSURANCE: $20,000,000.00 DATE OF POLICY:MAY 9,2016 1. NAME OF INSURED: SC Rye Brook Partners LLC 2. TIIE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: FEE SIMPLE 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: SC Rye Brook Partners LLC,by deed made by Reckson Operating Partnership,L.P.,dated May 6,2016 and to be recorded in the Westchester County Clerk's Office. 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED ON SCHEDULE A-PART I,WITHIN. SCHEDULEA OWNER'S POLICY PAGE] Page 29 of 298 •1 FIDELITY NATIONAL TITLE INSURANCE COMPANY NY-TNS'-SAM-27 0 32-2-I6_ 1'(1LT Y110.; 33 4a `TITLE No„ .�4-74(Il 333OWES`�` SCIIEDULE A-Part I DESCRIPTION Deed Description(Liber 11894 Cp.7): ALL that certain plot,piece or parcel of land,situate,lying and being in the Villages of Rye Brook and Harrison,Towns of Rye and Harrison,Westchester County and State of New York,being more particularly bounded and described as follows: BEGINNING at a point on the south property line of lands now or formerly of Hipo Realty Corporation, said point being the following courses and distances from the west line of Ding Street as measured westerly along the division line between lands now or formerly of Hipo Realty Corporation and Royal Executive Park II;South 67 degrees 34 minutes West 801.60 feet,South 62 degrees 20 minutes West 26.00 feet,South 52 degrees 18 minutes West 233.00 feet and South 53 degrees 24 minutes West 257.38 feet to beginning point; RUNNING THENCE southerly along the division line between Royal Executive Park II and Royal Executive Park III,South 23 degrees 49 minutes 06 seconds East 632.37 feet to a point; RUNNING THENCE southerly along the division line between Royal Executive Park I and Royal Executive Park III,South 16 degrees 21 minutes 23 seconds West 4.17 feet,South 73 degrees 33 minutes East 61.36 feet,264.07 feet along the arc of a circle curving to the right with a radius of 600.00 feet, South 48 degrees 20 minutes East 295.00 feet,404.92 feet along the arc of a circle curving to the left with a radius of 800.00 feet and South 77 degrees 20 minutes East 215.99 feet to a point on the division line between lands of Royal Executive Park 1 and lands of Matin Realty,Inc.; RUNNING THENCE westerly along said division line,South 78 degrees 40 minutes West 411.20 feet, South 78 degrees 15 minutes West 98.00 feet,South 82 degrees 07 minutes West 585.50 feet,South 75 degrees 13 minutes West 335.10 feet,South 77 degrees 03 minutes West 29.10 feet and South 12 degrees 20 minutes West 147.10 feet to a point on the east boundary line of lands of State University of New York; RUNNING THENCE northerly along the division line between lands of Royal Executive Park III and lands of State University of New York,North 45 degrees 52 minutes West 22.10 feet,North 62 degrees 25 minutes West 236.70 feet,South 34 degrees 25 minutes 40 seconds West 40.46 feet,North 52 degrees 24 minutes West 35.44 feet,North 43 degrees 38 minutes West 66.70 feet,North 21 degrees 08 minutes 30 seconds West 79.16 feet,North 15 degrees 05 minutes 30 seconds West 373.31 feet and North 10 degrees 40 minutes 30 seconds West 481.15 feet to a point; RUNNING THENCE easterly along the division line between Royal Executive Park III and lands now or formerly of Hipo Realty Corporation,North 53 degrees 01 minutes East 550.50 feet,North 52 degrees 20 minutes East 50.00 feet and North 53 degrees 24 minutes East 244.42 feet to the point and place of BEGINNING. Together with the benefits of the Access Easement A and B and the Jogging Path Easement contained in the Deed made by Royal Executive Park III,dated December 1997 and recorded December 26, 1997 in Liber 11893 cp.324. SCHEDULE A-I(DESCRIPTION OWNERS POLICY PAGE 2 Page 30 of 298 FIDELITY NATIONAL TITLE INSURANCE COMPANY l[YFFNY-SAW- A632416- POLICYJ�O.: TITIE I'+TD.. 1 -'7406 33946WEST 33946 SCHEDULE A-Part I DESCRIPTION EASEMENTS GRANTED PER EASEMENT AGREEMENT TOGETHER WITH the benefits of those certain non-exclusive casements described below as contained and set forth in that certain Easement Agreement by and between Reckson Operating Partnership,L.P. and SC Rye Brook Partners,LLC dated as of May 9,2016,and to be recorded in the Office of the Westchester County Clerk,Division of Land Records,as follows: a) Easements for ingress and egress and easement for emergency vehicular and pedestrian access;and b) Easement for Signage;and c) Easement for Encroachments;and d) Easements for Construction and Maintenance of Bordering Improvements;and e) Easement for Utilities;and f) Easement for Construction of International Drive. SUBJECT,HOWEVER,to the burdens and obligations contained in the aforementioned Easement Agreement. Description as per Survey dated January 26,2015: ALL that certain plot,piece or parcel of land,situate,lying and being in the Villages of Rye Brook and Harrison,Towns of Rye and Harrison,Westchester County and State of New York,being more particularly bounded and described as follows: BEGINNING at a point on the south property line of lands now or formerly of Hipo Realty Corporation, said point being the following courses and distances from the west line of King Street as measured westerly along the division line between lands now or formerly of IIipo Realty Corporation and Royal Executive Park II,South 67 degrees 34 minutes West 801.60 feet,South 62 degrees 20 minutes West 26.00 feet,South 52 degrees 18 minutes West 233.00 feet and South 53 degrees 24 minutes West 257.38 feet to beginning point; RUNNING THENCE southerly along the division line between Royal Executive Park II and Royal Executive Park III,South 23 degrees 49 minutes 06 seconds East 632.37 feet(629.47 feet on survey)to a point, RUNNING THENCE along the division line between Royal Executive Park I and Royal Executive Park III in a southerly direction on a curve to the left having a radius of 3 41.3 6 feet length of 3.06 feet; RUNNING THENCE South 16 degrees 21 minutes 23 seconds West 4.17 feet(9.66 feet survey),South 73 degrees 33 minutes East 61.36 feet, 264.07 feet along the are of a circle curving to the right with a radius of 600.00 feet,South 48 degrees 20 minutes East 295.00 feet, SCIIEDULEA-I(DESCRIPTION) OWNER'S POLICY PAGE 3 Page 31 of 298 FIDELITY NATIONAL TITLE INSURANCE COMPANY PcrLicY N .: Nl' )NYS 1v1�2 341G3 -2- fz- TrrIWE NO.: 14-7446 3394GWE T. `33946 SCHEDULE A-Part I DESCRIPTION 404.92 feet along the are of a circle curving to the left with a radius of 800.00 feet and South 77 degrees 20 minutes East 215.99 feet to a point on the division line between lands of Royal Executive Park I and lands of Matin Really,Inc.; RUNNING THENCE westerly along said division line, South 78 degrees 40 minutes West 411.20 feet, South 78 degrees 15 minutes West 98.00 feet, South 82 degrees 07 minutes West 585.50 feet, South 75 degrees 13 minutes West 335.10 feet, South 77 degrees 03 minutes West 29.10 feet, South 12 degrees 20 minutes West 147.10 feet to a point on the east boundary line of lands of State University of New York; RUNNING THENCE northerly along the division line between lands of Royal Executie Park III and lands of State University of New York, North 45 degrees 52 minutes West 22.10 feet, North 62 degrees 25 minutes West 236.70 feet, South 34 degrees 25 minutes 40 seconds West 40.46 feet, North 52 degrees 24 minutes West 35.44 feet, North 43 degrees 38 minutes West 66.70 feet, North 21 degrees 08 minutes 30 seconds West 79.16 feet, North 15 degrees 05 minutes 30 seconds West 373.31 feet. North 10 degrees 48 minutes 30 seconds West 481.15 feet; RUNNING THENCE easterly along the division line between Royal Executive Park III and lands now or formerly of Hipo Realty Corporation, North 53 degrees 01 minutes East 550.50 feet. North 52 degrees 20 minutes East 50.00 feet North 53 degrees 24 minutes East 244.42 feet to the point and place of BEGINNING. Together with the benefits of the Access Easement A and B and the Jogging Path Easement contained in the Deed made by Royal Executive Park ITI,dated December_, 1997 and recorded December 26, 1997 in Liber 11893 cp.324. EASEMENTS GRANTED PER EASEMENT AGREEMENT TOGETHER WITH the benefits of those certain non-exclusive easements described below as contained and set forth in that certain Easement Agreement by and between Recicson Operating Partnership,L.P. and SC Rye Brook Partners,LLC dated as of May 9,2016,and to be recorded in the Office of the Westchester County Cleric,Division of Land Records,as follows: a) Easements for ingress and egress and easement for emergency vehicular and pedestrian access;and SCIIEDULE A-I(DESCRIPTION) OWNER'S POLICY PAGE 4 Page 32 of 298 FIDELITY NATIONAL TITLE INSURANCE COMPANY Imo'-F1RNY-SAIL-2730632-2-1 - I aLz Na.:" TITLE Na.. l4-7-406-33,946WRST 339�F6 , SCHEDULE A-Part I DESCRIPTION b) Easement for Signage;and c) Easement for Encroachments;and d) Easements for Construction and Maintenance of Bordering Improvements;and e) Easement for Utilities;and f) Easement for Construction of International Drive. SUBJECT,HOWEVER,to the burdens and obligations contained in the aforementioned Easement Agreement. SCHEDULEA-I(DESCRIPTION) OWNER'S POLICY PAGE Page 33 of 298 FIDELITY NATIONAL TITLE INSURANCE COMPANY I'tLIeYNp� TITLE&O.; 14-7406-J3946WEST 3346 SCHEDULE B EXCEPTION FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorney's.fees or expenses)which arise by reason of 1. Real estate taxes and assessments,which are a lien,not yet due and payable. 2. INTENTIONALLY DELETED. 3. Vacant Land Survey made by Joseph R. Link dated March 23, 2012, last updated January 21, 2015(covers premises and more)shows the following: a. Blind Brook crosses the westerly portion of premises. b. 8 inch DIP extends onto premises adjoining on the west. c. Stone wall along parts of the northerly line of record title. d. FEMA Flood Zone areas in westerly portion of premises. c. Any state of facts that an accurate survey would show with respect to the easement for ingress and egress,the easement for signage,the easement for encroaclunents,easements for construction and maintenance of bordering improvements, easement for utilities and easement for the construction of International Drive. 4. Revocable Permit for Sewer made by State University of New York to The County of Westchester, dated September 12, 1970 and recorded September 21, 1970 in Liber 48 page 63 and as shown on Map No. 17421. a. Amendment to Revocable Permit, dated February 10, 1981 and recorded February 23, 1981 in Liber 55 page 173,as shown on Map No.20451. b. Amendment to Revocable Permit,dated October 23, 1981 and recorded October 30, 1981 in Liber 56 page 39 as shown on Map No.20706. 5. Agreement made between The County of Westchester and London &Leeds (USA)N.V., dated November 6, 1981 and recorded November 30, 1981 in Liber 7739 ep.388 and as shown on Map No.22473(affects westerly portion of premises). 6. Reciprocal Easement Agreement made between Royal Executive Park I,Royal Executive Park II a and Royal Executive Park 111:,dated December 18, 1986 and recorded January 13, 1987 in Liber 8700 op.223,including provision for maintenance fees. 7. Deed of Easement and Right of Way made between Reckson Operating Partnership, L.P. and New York American Water Company, dated February 19, 1999 and recorded February 24, 1999 in Liber 12236 cp.298. SCHEDULE,R-I OWNER'S POLICY PAGE 6 Page 34 of 298 FIDELITY NATIONAL TITLE INSURANCE COMPANY ToLICY NO,: ; '':klil�IY SAM-2?3(1632-2-16- TiT.LE NO i 144406- 3946WTS'T` 33946 SCHEDULE B EXCEPTION FROM COVERAGE S. Easements contained in Deed made by Royal Executive Park III, dated December_, 1997 and recorded December 26, 1997 in Liber 11893 ep.324. 9. Rights of others to the natural and unobstructed flow of the brook/stream running through the premises. 10. Terms,conditions,provisions and easements,including without limitation a provision for private charge or assessment,contained in the Easement Agreement by and between Reckson Operating Partnership,L.P.and SC Rye Brook Partners,LLC dated as of May 9,2016,and to be recorded in the Office of the Westchester County Clerk,Division of Land Records. 11. Additional Consideration Agreement by and between Reckson Operating Partnership,L.P.and SC Rye Brook Partners,LLC dated as of May 9,2016,a memorandum of which is be recorded in the Office of the Westchester County Clerk,Division of Land Records. 12. Mortgage made by SC Rye Brook Partners LLC to First County Bank,in the amount of $6,111,000.00,dated May 9,2016 and to be recorded in the Westchester County Clerk's Office. 13. Assignment of Leases and Rents made by SC Rye Brook Partners LLC to First County Bank, dated May 9,2016 and to be recorded in the Westchester County Clerk's Office. ,SCHEDULE B-I OFFNER'S POLICY PAGE 7 Page 35 of 298 FIDELITY NATIONAL TITLE INSURANCE COMPANY Pcc�tN®.: NY l?NY- r M2?3o 32-2-16- xTL c<. 14,7406-33946 L 33946 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) 1. The following is added as a Covered Risk: "11. Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted,and the following is substituted: 5. Any lien on the Title for real estate taxes,assessments,water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. THIS ENDORSEMENT is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy,(ii)modify any prior endorsements,(iii)extend the Date of Policy, or(iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise,this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Fidelity National Title Insuranc0 Company z rxc s 6Y 4 siaatrt SEAL xrr"r r sscresary OWNER'S POLICY PAGE 8 Page 36 of 298 FIDELITY NATIONAL TITLE INSURANCE COMPANY NffNY=SAM-2730632-2-16-" POLICY 1' o. DTLKNo,: 14w7406 -339,46 EST 33946 WAIVER OF ARBITRATION ENDORSEMENT (OWNER'S OR LOAN POLICY) Attached to and made a part of Policy Number:NY-FFNY-SAM-2730632-2-16-33946 The policy is amended by deleting therefrom: (A) If this endorsement is attached to an ALTA Loan Policy:Condition 13. (B) If this endorsement is attached to an ALTA Owner's Policy:Condition 14. (C) If this endorsement is attached to a TIRSA Owner's Extended Protection Policy: Condition 12. THIS ENDORSEMENT is made a part of the Policy and is subject to all of the terms and provisions thereof and of any other endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any other endorsements,nor does it extend the effective date of the Policy and any other endorsements,nor does it increase the face amount thereof. IN WITNESS WHEREOF,the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized signatory and countersigned on the date hereinafter set forth. Dated: May 9,2016 Countersigned: FidelltY National Title Insurance Company �.. � SEAL' —" Presfdvn ATMT BY 5m<ra�ry Thomas A.Glatthaar OWNER'S POLICY PAGE 9 i Page 37 of 298 FIDELITY NATIONAL TITLE INSURANCE COMPANY NY-FFNY-SAM-27.3 0632-2-1,6- PEtCYNo.. Timbt No-.� 4'7 {6�33�46 EST� 33946 LAND SAME AS SURVEY ENDORSEMENT Attached to and made a part of Policy Number:NY-FFNY-SAM-2730632-2-16-33946 THE COMPANY HEREBY ASSURES THE INSURED THAT SAID LAND IS THE SAME AS THAT DELINEATED ON THE PLAT OF A VACANT LAND SURVEY MADE BY JOSEPH R.LINK LAST DATED AS OF MARCH 23, 2012,LAST UPDATED JANUARY 21,2015. The Company hereby insures said Assured against loss which said Assured shall sustain in the event said assurances herein shall prove to be incorrect. The total liability of the Company under said policy and any endorsement therein shall not exceed,in the aggregate,the face amount of said policy and costs which the Company is obligated under the Conditions thereof to pay. TIIIS ENDORSEMENT is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements,nor does it extend the effective date of the policy and any prior endorsements,nor does it increase the face amount thereof. Dated: May 9,2016 Countersigned: Fidelity National Title Insurance Company *tit fiY ;:z4z SEA A'et arrssr BY Thomas A.Glatthaar 77RSA LAND SAME AS SURVEY ENDORSEMENT(5/1/07) OWNER'S POLICY PACE 10 Page 38 of 298 FIDELITY NATIONAL TITLE INSURANCE COMPANY NY-UNY-SAM-2730632-2-1fr- P FiCYN :: 33946 MTL-E-iso.: 14 74016-3394.,6 EST, MEZZANINE FINANCING ENDORSEMENT (Owner's Policy Only) Attached to and made part of Policy No.NY-FFNY-SAM-2730632-2-16-33946 1. The Mezzanine Lender is: CV4 Rye Brook Mezz LLC & Sun RB Mezz Lender, LLC and each successor in ownership of its loan ("Mezzanine Loan") in the amount of$19,500,000.00 reserving, however, all rights and defenses as to any successor that the Company would have had against the Mezzanine Lender, unless the successor acquired the indebtedness as a purchaser for value without Knowledge of the asserted defect, lien, encumbrance, adverse claim,or other matter insured against by this policy as affecting Title. 2. The Insured a. assigns to the Mezzanine Lender the right to receive any amounts otherwise payable to the Insured under this policy, not to exceed the outstanding indebtedness under the Mezzanine Loan; and b. agrees that no amendment of or endorsement to this policy can be made without the written consent of the Mezzanine Lender. 3. The Company does not waive any defenses that it may have against the Insured,except as expressly stated in this endorsement. 4. In the event of a loss under the policy, the Company agrees that it will not assert the provisions of Exclusions from Coverage 3(a), (b) or (e) to refuse payment to the Mezzanine Lender solely by reason of the action or inaction or Knowledge, as of Date of Policy,of the Insured,provided a. the Mezzanine Lender had no Knowledge of the defect, lien, encumbrance or other matter creating or causing loss on Date of Policy. b. this limitation on the application of Exclusions from Coverage 3(a),(b)and(e)shall i. apply whether or not the Mezzanine Lender has acquired an interest(direct or indirect) in the Insured either on or after Date of Policy,and ii. benefit the Mezzanine Lender only without benefiting any other individual or entity that holds an interest(direct or indirect)in the Insured or the Land. 5. In the event of a loss under the Policy, the Company also agrees that it will not deny liability to the Mezzanine Lender on the ground that any or all of the ownership interests (direct or indirect) in the Insured have been transferred to or acquired by the Mezzanine Lender,either on or after the Date of Policy. 6. The Mezzanine Lender acknowledges a. that the Amount of Insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is hereafter executed by an Insured and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment under this policy;and b, that the Company shall have the right to insure mortgages or other conveyances of an interest in the Land,without the consent of the Mezzanine Lender. OWNEX'S POLICY PAGE 11 Page 39 of 298 FIDELITY NATIONAL TITLE INSURANCE COMPANY NY-FFNY-SAM-2'730632, .2-1f- P4LICY Nf9.: TITLE;N©.s; 14 7406- 3946 ESTT` 33946 7. If the Insured,the Mezzanine Lender or others have conflicting claims to all or part of the loss payable under the Policy, the Company may interplead the amount of the loss into Court. The Insured and the Mezzanine Lender shall be jointly and severally liable for the Company's reasonable cost for the interpleader and subsequent proceedings, including attorneys'fees. The Company shall be entitled to payment of the sums for which the Insured and Mezzanine Lender are liable under the preceding sentence from the funds deposited into Court,and it may apply to the Court for their payment. 8. Whenever the Company has settled a claim and paid the Mezzanine Lender pursuant to this endorsement, the Company shall be subrogated and entitled to all rights and remedies that the Mezzanine Lender may have against any person or property arising from the Mezzanine Loan. However, the Company agrees with the Mezzanine Lender that it shall only exercise these rights, or any right of the Company to indemnification, against the Insured, the Mezzanine Loan borrower, or any guarantors of the Mezzanine Loan after the Mezzanine Lender has recovered its principal, interest, and costs of collection. THIS ENDORSEMENT IS ISSUED AS PART OF THE POLICY.EXCEPT AS IT EXPRESSLY STATES,IT DOES NOT(I)MODIFY ANY OF THE TERMS AND PROVISIONS OF THE POLICY,(II)MODIFY ANY PRIOR ENDORSEMENTS,(III)EXTEND THE DATE OF POLICY,OR (IV)INCREASE THE AMOUNT OF INSURANCE. TO TIIE EXTENT A PROVISION OF TIIE POLICY OR A PREVIOUS ENDORSEMENT IS INCONSISTENT WITH AN EXPRESS PROVISION OF THIS ENDORSEMENT, THIS ENDORSEMENT CONTROLS. OTHERWISE, THIS ENDORSEMENT IS SUBJECT TO ALL OF THE TERMS AND PROVISIONS OF THE POLICY AND OF ANY PRIOR ENDORSEMENTS. AGREED AND CONSENTED TO: SC Rye Brook Partners LLC,a Delaware limited CV4 Rye Brook Mezz LLC,a Delaware limited liability liability company company By: By: Sun RB Mezz Lender,LLC By: IN WITNESS WHEREOF,THE COMPANY HAS CAUSED ITS CORPORATE NAME AND SEAL TO BE HEREUNTO AFFIXED BY ITS DULY AUTHORIZED SIGNATORY AND COUNTERSIGNED ON THE DATE HEREINAFTER SET FORTH. Countersigned: Fidelity National Title Insurance Company y x, 8VY 11 l SEAL P,asad�,„ � aTrEgT BY: OWNER,4 POLICY PAGE 12 Page 40 of 298 0Fidelity National Financial,Inc. Privacy Statement Fidelity National Financial,Inc.and its subsidiaries("FNF")respect the privacy and security of your non-public personal information("Personal Information")and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information Nye receive from you and from other specified sources,and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and,depending on the business performed,FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms,such as your name,address,social security number,tax identification number,asset information, and income information, • Information we receive from you through our Internet websites,such as your name,address,email address,Internet Protocol address,the website links you used to get to our websites,and your activity while using or reviewing ourwebsites; • Information about your transactions with or services performed by us,our affiliates,or others,such as information concerning your policy,premiums,payment history,information about your home or other real property,information from lenders anti other third parties involved in such transaction,account balances,and credit card information;and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information(excluding information we receive from consumer or other credit reporting agencies)to various individuals and companies, as permitted by law,without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include,without limitation,the following: • To insurance agents,brokers,representatives,support organizations,or others to provide you with services you have requested,and to enable us to detect or prevent criminal activity,fraud,material misrepresentation,or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority,or a law enforcement or other governmental authority,in a civil action,in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or • To.lenders,lien holders,judgment creditors,or other parties.claiming an encumbrance or an interest in title whose claim or interest must be determined,settled, paid mrreleased prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe,in good faith,that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers,employees,or property and/or to comply with ajudicial proceeding,court order or legal process. Disclosure to Affiliated Companies—We are permitted by law to share your name,address and facts about your transaction with other FNF companies,such as insurance companies,agents,and other real estate service providers to provide you with services you have requested,for marketing or product development research,or to market products or services to you. We do not,however,disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent,in conformity with applicable law,unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties—We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties,except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical,electronic,and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/ Requests for Correction,Amendment,or Deletion of Personal Bnformation As required by applicable law,we will afford you the right to access your Personal Information,under certain circumstances to find out to whom your Personal Information has been disclosed,and request correction or deletion of your Personal Information. However,FNF's current policy is to maintain customers'Personal Information for no less than your state's required record retention requirements forthe purpose of handling future coverage claims. For your protection,all requests made under this section must be in writing and must include your notarized signature to establish Your identity. Where permitted by law,we may charge a reasonable fee to cover the costs inured in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial,Inc. 601 Riverside Avenue Jacksonville,FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement,we will post a notice of such changes on our website. The effective date of this Privacy Statement,as stated above,indicates the last time this Privacy Statement was revised or materially changed. Page 41 of 298 Paula L. McEvoy,PE Suez Water t v 360 West Nyack Road West Nyack,NY 10994 �ry April 6,2016 Dolph Rotfeld,PE,F.NSPE,BCEE Dolph Rotfeld Engineering,P.C. 200 White Plains Road 4 3 Tarrytown,NY 10591-5833 Via Email Re: Fire Flow and Domestic Water Pressure Sun Hanes Development,Rye Brook NY Dear Mr.Rotfeld: Thank you for contacting SUEZ Water Westchester Inc(SWWI) on the above referenced project. In response to your email on Monday,4/4/16 at 4:32 pm to Ronald von Autenried,please be aware that: • Based on the hydraulic model results, SWWI is able to provide a fire flow of 1000 gpm at the Bellefair Booster Station for a time period of 2 hours during an average summer day. While the model and pasL observed results show that the Company can provide the requested fire flow,SWWI cannot guarantee fire flow at any location,and under Leaf 47,paragraphs 25 and 26 of our tariff: o The Company will undertake to use reasonable care and diligence in order to prevent and avoid interruptions and fluctuations in the service, but it cannot and does not guarantee that such will not occur. o No employee or agent of the Company shall have the right or authority to bind it by any promise, agreement at,representation contrary to the letter or intent of this Schedule for Water,Service. • Based on the hydraulic model results, using a domestic flow of 360 gpm for the new Sun Homes development,the Bellefair Booster Station pressure district will see a pressure fluctuation of less than 5 psi once the development is in service. Very truly yours, a Paula L.McEvoy Director of Engineering NY Division cc Lynda DiMenna Ronald von Autenried,PE 1 Page 42 of 298 hester Robert P.Utoarinu Coll ntyExecutive Department of 4•lnvirwiawntal Facilities Thome;J.baturo,P.R Comni msioner July 29,2016 Gerhard M.Schwalbe,P.I3. Divney,Tung,Schwalbe,LLP I North Broadway White Plains,NY 10801 Re: Blind Brook W WTP and Blind Brook Trunk Sewer System Sun Homes--Rye Brook Reckson Executive Park King Street Rye Brook(V) Dear Mr.Schwalbe: Receipt of your July 14, 2016 Engineer's Report and request to the Department requesting a statement of adequate capacity for die County's Sewerage Facilities to serve the above referenced project is acknowledged.Please be advised that Westchester County's Blind Brook WWTP and Blind Brook Trunk Sewer System will serve and have sufficient capacity to accommodate the proposed additional flow of 42,140 gallons per day to be generated by the above referenced project proposing additional development at the site(95,140 gpd proposed site—54,000 gpd existing site), Please note that this letter only covers the adequacy of the County Trunk Sewer system; this letter makes no claims as to the adequacy of any sewers located on the existing property or through any Village owned sewers that the site may discharge through in order to reach the County's Blind Brook Trunk Sewer system. You must obtain a statement of adequacy from the Village of Rye Brook for any Village owned sewers should the site utilize any Village sewers for discharge prior to discharge at the County Trunk sewer. However,we propose as we have done in other County sewer districts that the additional flow to the system is offset by reductions in inflow and infiltration(I&1).The removal for this project should be on a three for one ratio similar to the requirements by NYSDEC for sewer extension approvals in the New Rochelle sewer district.We feel this project warrants the same consideration. For units that are considered fair and affordable housing units, the removal ratio for diose units can be reduced to a one to one ratio, Please contact the undersigned at(914)813-5419 if you need further information. Very truly yours, arian d ompa,Jr.,P.E. Associate Engineer a Cc:Thomas Lauro,P,E......Commissioner Joe Gibney,P.E.-- .Director of Wastewater Treatment David Kvinge,Westchester County Planning Department Christopher Bradbury,Village Administrator,Village of Rye Brook filet°'A OUD lel LI Division of Solid 1Yaste Wasw%vaater Treatment W a ter.Agency North.Avenue New Rochelle,New York 10801 'Telephone:(914)818,6400 Fax:(914)813-6460 webeite: wostehesEergov.aana Page 43 of 298 LIT AndrVw kL Tung,ASLA Esq,LFED At DIVNEY TuN(:3 - SCHWALBE tine Nw1h Rroockv.iy GLThilrd M,Schuafbe PF Intelligent Land Use While Plains,NY 1(160 1 VVitharn 1, P'r�14-125 0010 1%Ulf-S.Q'117,11 r F:CH-1,428,001 7 irla Caph(Aji'zro Rl, Donna K Maielfu,ASLA RRA lo,xm F,Major,AS[& R1.A Cosinio Reale,CIIFSC July 14, R 2016 Mark 1,Shogfun, E Stonbv% AICP Mr,Marian Pompa,RE,Associate Engineer Westchester County Department of Environmental Facilities 270 North Avenue New Rochelle,New York 10801 Re: San Homes—Rye Brook(Reckson Executive Park) Blind Brook-Trunk Sewer Rye Brook(V),Westchester County Dear Mr.Pompa: Sun Homes is proposing a 110 unit residential development at the existing Reckson Executive Park The sanitary sewer from the new development would connect to the existing sewer serving the office building. This sewer crosses Blind Brook and connects to the Blind Brook Trunk Sewer an the SUNY Purchase campus. See the attached Location Map and Figure No. 1,Proposed Sanitary Sewer for additional information. WCDOH has requested a letter from WCDEF acknowledging that both the Blind Brook County Trunk Sewer and Blind Brook WW17P have sufficient capacity to receive flo%v from the proposed Sun Homes project. Estimates of both existing and proposed sewer demands art shown on the attached Sanitary Flow Estimate table. In summary,a net increase of approximately 42,140 gpd is anticipated under the Proposed Action,of which approximately 1,980 gpd cut be attributed to the development of 10 new affordable housing units as part of the project If you have any questions or require any additional information, please call me directly at (914) 428.0010, ^oF N6 &R� OARTIAr 0 Very truly yours, 15, DTVNEY TUNG SCHWALBE,LLP LU 0844 Gerhard M. Schwalbe,P.E. Partner cc: D.Taylor(WCDOH),Z.Thein(WCDOH),B.Dale(Sun Homes),File 788.8d Page 44 of 298 i I LOCATION MAP j s �cusvzmesvAv�-, MtM a i fiP�S.30t1 PW4u S AECisE4N FT fi%fi+.UY7VE � - PRRNi j 7il0�ST i StiE gip' 7 S /f f �� wr srAr�Lancr�m cQr�u.ascrT rn d x 0 900 loco 2000 Page 45 of 298 . _ . , . .. : _ .. _. .. / ` < \ k � a § . H 7 } ; 1c . @mX ; 22§E § . � | ( wa 22 -0 `IN gn }� kms\ � ^ � 2 k m . . 6a § t » \ \§ Page 46 0 298 it SUN HOMES.AT RYE BROOK Date: 7/14/16 VIELLAGE OF RYE BROOK By: MJS WESTCHESTER COUNTY,NEW YORK Issue No,1 Rev, � i Table No. 3 SANITARY FLOW ESTIMATE WASTEWATER SANITARY USE HYDRAULIC LOADING QUANTITY FLOW R.ATO) (Spd) 1. Existing Conditions a, Office Building(so 0.1 gpd/sf 540,000 54,000 1 Proposed Conditions a, Existing Office Buildings(sO 0.1 gpd/sf 540,000 54,000 j b. Town Homes,4 Bedroom 110 gpd/bedroom s0 22,000 c, Town Homes,3 Bedroom 110 Wlbedroom 54 17,820 d. Town Homes,2 Bedroom 110 gpd/bedroom b 1,320 e. Club House 10 gpd/user 50 1,000 TOTAL 96,144 tt I dYSDEC,Dtsinn Standards/dr Whoewtater Treatment Worla(2014),Table B3, 788 16-07-14 Sewer Demand Fsdmate.xds Divney Tung Schwalbe,LLP Page 47 of 298 N RK ANDREW M.CUOMO STASEGF0 I Depairtment of Governor OPPORTUNITY Transportation MATTHEW J.DRISCOLL I- Comim,issionei TODD WFSTHUISRE April 22, 2016 A.Peter Russillo, P.E., PTOE Maser Consulting P.A. 11 Bradhurst Avenue Hawthorne, NY 10532 RE: Sun Homes at Reckson Executive Park Dear Mr. Russillo: At this time traffic signal timing changes are not needed at the intersection of Route 120A @ International Drive in Rye Brook. Based on the projections there will be minimal benefit to making any changes. The Department will continue to monitor traffic at this location and make any adjustments as necessary. i If you have any questions or concerns, please feel free to contact me at Maureen.Kuinlan@dot.ny.gov or call at 845-437-5143. Sincerely, uu"Z�1IC - Maureen Kuinlan, P.E. Regional Traffic Signal Engineer ':f)"vWPU R(cF.'.AlUanly NY !2232 gov Page 48 of 298 conEdison April 22,2015 Como Reale Sun Hornes 3 Memorial Ave Pawling.NY 12564 Re: l 100 King St subdivision i Dear Mr.Reale, It is Con Edison`s responsibility to provide electric and gas service to the above- mentioned location,provided that there is a legal sub-division of the property on file_The utility systern will be installed based on your plans and submittals as welt as Con Edison'; design criteria.Any costs associated with this instillation will be determined upon completion of the system design. If there are any questions retarding this matter,please call me at 914-925-6056. Sia Jely, John C—Brannan Customer Project Manager Energy Services-Bi W Major Accounts Con Edsion Page 49 of 298 Dolph Rotfeld Engineering, P.C. CONSULTANTS AND DESIGNERS 200 White Plains Rd.,Tarrytown,N.Y.10591'(914)631-8600 M E M 0 TO: Christopher Bradbury,Village of Rye Brook Administrator FROM: Dolph Rotfeld,P.E.,BCEE DATE: April 7,2016 SUBJECT: Sun Homes Water With regard to my assignment regarding the water supply for Sun Homes development we have the following to report. Regarding the Village Board resolution I believe that Suez has complied with the condition as to flow and pressure. With regard to fire protection the attached letter from Suez explains the situation and is acceptable. If in the future additional work needs to be done on the water system Suez will have to implement improvements. Please call me if you have any questions. Page 50 of 298 i BARGAIN AND SALE DEED WITHOUT COVENANT AGAINST GRANTOR'S ACTS RECKSON OPERATING PAR."I' ERS,L.P. TO SC RYE BROOD PARTNERS LLC S ection: 129.25 Bloch: 1 Lot: 1 County: Westchester Address: King Street,Town of Rye,Village of Rye Brook, New York RECORD AND RETURN TO: Low Offices of Eric A.Heinz,P.C. 1835 Market Street,Suite 1215 Philadelphia,PA 19103 Attn: Eric Heinz,Esq. 1458774_2.dac 0I 1794M24 Page 51 of 298 BARGAIN AND SALE DEED WITHOUT COVENANT AGAINST GRANTOR'S ACTS THIS INDENTURE, dated as of May 9, 2016, between RECKSON OPERATING PARTNERSHIP, L.P., a Delaware limited partnership, having an office c/o SL Green Realty Corp., 420 Lexington Avenue, New York,New York 10170 ("Grantor"), and SC RYE BROOK PARTNERS LLC, a Delaware limited liability company, having an office at 3 Memorial Avenue,Pawling New York 12564("Grantee"). WrTNESSETH,that Grantor in consideration of the sum of Ten Dollars($10.00), and other good and valuable consideration paid by Grantee,the receipt and sufficiency of which is hereby acknowledged by Grantor, does hereby grant and release and assign forever unto Grantee, and the heirs or successors and assigns of Grantee,all those certain plots,pieces or parcels of land located in the Village of Rye Brook,Town of Rye,County of Westchester and State of New York, as more particularly bounded and described in Exhibit A attached hereto and made a part hereof (the"Land"); TOGETHER.with the building(s),if any,now located or hereafter erected on the Land(the"Building") and any and all other fixtures and improvements now located or hereafter erected on the Land (the Building and such other fixtures and improvements being hereinafter I collectively referred to as the"Improvements"); . TOGETHER with all right,title and interest,if any, of Grantor in and to the land lying in the bed of any street,highway,road or avenue,opened or proposed,public or private,in front of or adjoining the Land, to the center line thereof, any rights of way, appendages, appurtenances, easements, sidewalks, alleys, gores or strips of land adjoining or appurtenant to the Land and used in conjunction therewith, any development rights appurtenant to the Land and any award or payment made or to be made in lieu of any of the foregoing or any portion tliereof and any unpaid award for damage to the Land or any of the improvements by reason of change of grade or closing of any street,road or avenue, (the foregoing rights,together with the Land and the Improvements being hereinafter referred to,collectively,as the"Premises"); TO HAVE AND TO HOLD the Premises herein granted, or mentioned and intended so to be,-unto Grantee,and the heirs,successors and assigns of Grantee,forever. AND Grantor, in compliance with Section 13 of the Lien Law, covenants that Grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of improvements and will apply the same first to the payment of the cost of improvements before using any part of the total of the sante for any other purpose. 1459779 2,doc DI In40-024 Page 52 of 298 i IN WITNESS WHEREOF,Grantor has duly exeouted this deed the day and year first above written, GRANTOR: RECKSON OPERATING PARTNERSHP,L.P., a Delaware limited partnership I By: .._._.__._.__ An rew S,Levine,Executive vice President f` f � i • I . i I i t I i i I 1156774 z 011790-0x4 1 Page 53 of 298 ACKNOWLEDGMENT Within New York: STATE OF NEW YOId< ) 1J e"u U?� COUNTY OPEC On the tO day of May in the year 2015 before me,the undersigned,a Notary Public in and for said State, personally appeared ANDREW 8, LEVICNlia, personally known to me, or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrutnant and acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or the person upon behalf of which the.individual acted,executed the instrument, i! j Notaxy Public(S' ) I 1t;d IRCSf3W y'- v?oj:tiskoZt4uc {PdHAGEN Notary H7ut7PPc,q" Iie cM New Yolk NI 01RE6309397 r�laah,letl ih rtc�w Peck CotuSty Contmtsstan�x�tres Rug.14=�D,�. t45s7r4 z 01'17440,024 Page 54 of 298 EXHMIT A Legal Description (See attached) 1458774_2.d- 0117940.024 - Page 55 of 298 Deed Description(Liber 11894 Cp.7): ALL that certain plot,piece or parcel of land,situate,lying and being in the Villages of Rye Brook and Harrison,Towns of Rye and Harrison,Westchester County and State of New York,being more particularly bounded and described as follows: BEGINNING at a point on the south property line of lands now or formerly of Hipo Realty Corporation, said point being the following courses and distances from the west line of Twig Street as measured westerly along the division line between lands now or formerly of Hipo Realty Corporation and Royal Executive Park Il,South 67 degrees 34 minutes West 801.60 feet,South 62 degrees 20 minutes West 26.00 feet,South 52 degrees 18 minutes West 233.00 feet and South 53 degrees 24 minutes West 257.38 feet to beginning point; RUNNING THENCE southerly along the division line between Royal Executive Park Il and Royal Executive Park III,South 23 degrees 49 minutes 06 seconds East 632.37 feet to a point; RUNNING THENCE southerly along the division line between Royal Executive Park I and Royal Executive Park III,South 16 degrees 21 minutes 23 seconds West 4.17 feet,South 73 degrees 33 minutes East 61.36 feet,264.07 feet along the are of a circle curAng to the right with a radius of 600.00 feet, South 48 degrees 20 minutes East 295.00 feet,404.92 feet along the arc of a circle curving to the left with a radius of 800.00 feet and South 77 degrees 20 minutes East 215.99 feet to a point on the division line between lands of Royal Executive Park I and lands of Matin Realty,Inc.; s RUNNING THENCE westerly along said division line,South 78 degrees 40 minutes West 411.20 feet, South 78 degrees 1.5 minutes West 98.00 feet,South 82 degrees 07 minutes West 585.50 feet,South 75 V F degrees 13 minutes West 335.10 feet,South 77 degrees 03 minutes West 29.10 feet and South 12 degrees 20 minutes West 147.10 feet to a point on the east boundary line of lands of State University of New York; RUNNING`IfMNCE northerly along the division 1uie between lands of Royal Executive Park III and lands of State University of New York,North 45 degrees 52 minutes West 22.10 feet,North 62 degrees 25 minutes West 236.70 feet,South 34 degrees 25 minutes 40 seconds West 40.46 feet,North 52 degrees 24 minutes West 35.44 feet,North 43 degrees 38 minutes West 66.70 feet,North 21 degrees 08 minutes 30 seconds West 79.16 feet,North 15 degrees 05 minutes 30 seconds West 373.31 feet and North 10 degrees 40 minutes 30 seconds West 481.15 feet to a point; RUNNING THENCE easterly along the division line between Royal Executive Park III and lands now or formerly of Plipo Realty Corporation,North 53 degrees of minutes East 550.50 feet,North 52 degrees 20 minutes East 50.00 feet and North 53 degrees 24 minutes East 244.42 feet to the point and place of BEGINNING. Page 56 of 298 i EASEMENTS GRANTED PrJ R EASEM7,NT AGRL'EMRNT TOGETHER WITIJ the benefits of those certain non-exclusive easements described below as contained and set forth in that certain Easement Agreement by and between Reckson Operating Partnership,L.P. and SC Rye Brook Partners,LLC dated as of May 9,2016,and to be recorded in the Office of the Westchester County Clerk,Division of Land Records,as follows: a) Easements for ingress and egress and easement for emergency vehicular and pedestrian access;and b) Easement for Signage;and c) Easement for Eneroacbments;and d) Easements for Construction and Maintenance of Bordering Improvements;and e) Easement for Utilities;and Q j Easement for Construction of International Drive. SUBJECT,HOWEVER,to the burdens and obligations contained in the aforementioned Easement Agreement. Description as tier Survey dated January 26,2015: I ALL that certain plot,piece or parcel.of land,situate,lying and being in the Villages of Rye Brook and Harrison,Towns of Rye and Harrison,Westchester County and State of New York,being more particularly botmded and described as follows: BEGINNING at a point on the south property line of lands now or formerly of Hipo Realty Corporation, said point being the following courses and distances from the west line of Ding Street as measured westerly along the division line between lands now or formerly of Hipo Realty Corporation and Royal Executive Park Il,South 67 degrees 34 minutes West 801.60 feet,South 62 degrees 20 minutes West 26.00 feet,South 52 degrees 18 minutes West 233.00 feet and South 53 degrees 24 minutes West 257.38 feet to beginning point; RUNNING THENCE southerly along the division line between Royal Executive Park lI and Royal Executive Park 111,South 23 degrees 49 minutes 06 seconds East 632.37 feet(629.47 feet on survey)to a point, RUNNING THENCE along the division line between Royal Executive Park I and Royal Executive Park III in a southerly direction on a curve to the left having a radius of 341.36 feet length of 3.06 feet; RUNNING TI-MiNCG South 16 degrees 2l minutes 23 seconds West 4.17 feet(9.66 feet survey),South 73 degrees 33 minutes East 61.36 feet, 264.07 feet along the arc of a circle curving to the right with a radius of 600.00 feet,South 48 degrees 20 minutes East 295.00 feet, 404.92 feet along the are of a circle curving to the left with a radius of 800.00 feet and South 77 degrees 20 minutes East 215.99 feet to a point.on.the division line between lands of Royal Executive Park I and lands of Matin.Really,Inc.; RUNNING THENCE westerlyplong said division line, i..--:..-:.::... _._......... .... :. . .,. South 78 degrees 40 minutes Vest 411,20 feet, South 78 degrees 15 minutes West 98.00 feet, South 82 degrees 07 minutes West 585.50 feet, Page 57 of 298 South 75 degrees 13 minutes West 335.10 feet, South 77 degrees 03 minutes West 29.10 feet, South 12 degrees 20 minutes West 147.10 feet to a point on the east boundary line of lands of State University of New York; RUNNING THENCE northerly along the division line between lands of Royal Executie Park III and lands of State University of New York, North 45 degrees 52 nunutes West 22.10 feet, North 62 degrees 25 minutes West 236.70 feet, South 34 degrees 25 minutes 40 seconds West 40.46 feet, North 52 degrees 24 minutes West 35.44 feet, North 43 degrees 38 minutes West 66.70 feet, North 21 degrees 08 minutes 30 seconds Wcst 79.16 feet, North 15 dcgroes 05 minutes 30 seconds West 373.31 feet. North 10 degrees 48 minutes 30 seconds West 48 1.15 feet; RUNNING THENCE easterly along the division line between Royal Executive Park III and lands now or formerly of Hipo Realty Corporation, North 53 degrees 01 minutes East 550.50 feet. North 52 degrees 20 minutes East 50.00 feet North 53 degrees 24 minutes East 244.42 feet to the point and place of BEGINNING. I EASEMENTS GRANTED PER EASEMENT AGREEMENT TOGETHER WITH the benefits of those certain non-exclusive easements described below as contained and set forth in that certain Easement Agreement by and between Reckson Operating Partnership,L.P. and SC Rye Brook Partners,LLC dated as of May 9,2016,and to be recorded in the Office of the Westchester County Clerk,Division of Land Records,as follows: a) Easements for ingress and egress and casement for emergency vehicular and pedestrian access;and b) Easement for Signage;and c) Easement for Encroachments;and d) Easements for Construction and Maintenance of Bordering Improvements;and e) Easement for Utilities;and f) Easement for Construction of International Drive. SUBJECT,HOWEVER,to the burdens and obligations contained in the aforementioned Easement Ag=reement. Page 58 of 298 January 10,2016 RESOLUTION CONSIDERING A SUBDIVISION APPLICATION BY SC RYEBROOK PARTNERS, LLC (SUN HOMES) FOR PROPERTY LOCATED AT 1100 KING STREET VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Board of Trustees is in receipt of an application by SC Rye Brook Partners, LLC, property owner, for preliminary and final approval of a 111-lot subdivision (110 residential lots and 1 common lot) of property located at 1100 King Street, designated as Parcel ID 129.25-1-1 on the Town of Rye Tax Map and located in the PUD Zoning District to facilitate the sale and financing of the previously approved Planned Unit Development consisting of 110 attached single family dwellings;and WHEREAS, the Board of Trustees is the Approval Authority for the application pursuant to Village Code 5250-7.E(4)(b)(2);and WHEREAS, on July 28, 2015 the Board of Trustees adopted a Negative Declaration pursuant to the New York State Environmental Quality Review Act (SEQRA) for the Proposed Action which included certain text amendments to the PUD zoning regulations in Chapter 250 of the Village Code, rezoning the Property from OB-1 to PUD, PUD Concept Plan and PUD Site Plan approvals, and other required permits and approvals, but did not specifically include a subdivision of the property; and WHEREAS, on August 18, 2015 the Board of Trustees rezoned the Property from OB-1 to PUD approved a PUD Concept Plan for the Sun Homes development;and WHEREAS, on February 23, 2016 the Board of Trustees granted approval of a PUD Site Plan for the subject property for the construction of 110 dwelling units, 10 of which are Fair and Affordable Housing Units;and WHEREAS, the Proposed Action which previously received a Negative Declaration from the Board of Trustees did not include the present subdivision and therefore, on November 8, 2016 the Board of Trustees determined this proposed action to be an Unlisted Action pursuant to the State Environmental Quality Review Act(SEQRA);and WHEREAS, the Board of Trustees reviewed the following plans and application materials in connection with the Application: 1313/08/396431 Vl 1/6/17 Page 59 of 298 1. Short Environmental Assessment Form Part 1 and EAF Mapper Summary Report 2. Application for Subdivision of Land dated September 21,2016 3. Letter to the Mayor and Board of Trustees prepared by Cuddy and Feder, LLP, White Plains,N.Y. dated October 11,2016 4. Subdivision Map of "Kingfield," prepared by Link Land Surveyors, P.C., Mahopac,N.Y.,dated April 28, 2016,revised October 11,2016 5. Approved Site Plan, prepared by Divney Tung Schwalbe, LLP, White Plains, N.Y.,dated 9/17/15,revised 12/23/15; and WHEREAS, on November 8, the Board of Trustees referred the application to the Village of Rye Brook Planning Board for Report and Recommendation; and WHEREAS,the Planning Board of the Village of Rye Brook has submitted a Report and Recommendation to the Board of Trustees on December 8,2016; and WHEREAS, the Board of Trustees, pursuant to SEQRA, circulated its Notice of Intent to confirm its continuing status as Lead Agency on or about December 7,2016;and WHEREAS, the application was referred to the Westchester County Planning Board and a response from the County dated December 27,2016 contained comments previously addressed by the Board of Trustees in its February 23, 2016 resolution approving the PUD Site Plan; and WHEREAS,the application was referred to the Town/Village of Harrison pursuant to New York State General Municipal Law and the Westchester County Administrative Code;and WHEREAS, on January 10, 2017, the Board of Trustees opened a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application, and the Board of Trustees closed the public hearing on ;and WHEREAS, the Board of Trustees has reviewed memoranda from Village Planning Consultant Frederick P. Clark Associates,Inc.;and WHEREAS, the Village Planning Consultant, Village staff, and the Planning Board reviewed the information and submitted comments regarding the application;and WHEREAS,the Board of Trustees is fully familiar with the subject property and has reviewed and considered the Planning Board's report and recommendation, all submittals by the Applicant, all memoranda issued by Village staff and consultants, and all comments from the public and governmental agencies. 1313/08/396431 Vl 1/6/17 Page 60 of 298 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby declares itself to be Lead Agency pursuant to SEQRA and determines that the Project will not result in any significant adverse environmental impacts based upon the information stated in the EAF and supplemental information and hereby adopts the annexed Negative Declaration. BE IT FURTHER RESOLVED, that the Board of Trustees hereby finds that the Final Plat will not be substantively changed from the Preliminary Plat and determines that a public hearing on the Final Plat is not required. BE IT FURTHER RESOLVED, that the Board of Trustees hereby grants preliminary and final subdivision approval for the application referenced herein and the Mayor is authorized to sign such plat subject to the following conditions and modifications which must be satisfied prior to the signing of the Final Plat by the Mayor: 1. The Applicant shall prepare a Final Subdivision Plat in accordance with Section 219-32 of the Village of Rye Brook Subdivision Regulations,which shall include the Town of Rye tax lot designations for the subject lots. Upon obtaining a satisfactory review by the Village Engineer/Superintendent of Public Works,the Final Subdivision Plat shall be submitted for review and signature to the Westchester County Department of Health. The signature of the Department of Health shall be required prior to the signing of the Final Plat by the Mayor. 2. A note shall be added to the plat which permits no more than 11,000 square feet of additional impervious surface coverage to be added to the common area, subject to approvals by the Village of Rye Brook, beyond that permitted pursuant to the PUD Site Plan approved by the Board of Trustees on February 23, 2016, or any amended version thereof approved by the Village, without further review by the Village and possible modification of the stormwater management system. Also,consistent with the applicant's representations during the Village's review of the subdivision application, the note added to the subdivision plat shall also state that no expansions, additions, decks, walkways, or other additional impervious surface coverage shall be permitted on the 110 individual residential lots other than what is shown on the PUD Site Plan approved by the Board of Trustees on February 23, 2016 or any amended version thereof approved by the Village. 3. The Applicant shall submit a statement signed by the Town of Rye Receiver of Taxes that all taxes due by the Applicant have been paid. 4. The Final Plat shall be filed in the Westchester County Clerk's Office in accordance with the provisions of New York State Village Law and Chapter 219 of the Village of Rye Brook Code. 1313/08/396431 Vl 1/6/17 Page 61 of 298 BE IT FURTHER RESOLVED, that the Final Plat shall not be signed by the Mayor until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. 1313/08/396431 Vl 1/6/17 Page 62 of 298 January 10,2017 RESOLUTION CONSIDERING A WIRELESS TELECOMMUNICATIONS SPECIAL PERMIT RENEWAL OF AN EXISTING FACILITY AT 1100 KING STREET WHEREAS,on February 27, 2007 the Village of Rye Brook approved a Site Plan and Special Permit to install an attached AT&T Wireless Communications facility to the roof of Building#4,International Drive,Reckson Office Park, 1100 King Street and located in the OB-1 Zoning District and the King Street Scenic Roads Overlay District;and WHEREAS,on November 22, 2011 an amended Site Plan and Special Permit was approved to update the existing wireless telecommunications facility through installation of the following: three (3)previously approved antennas; one (1) GPS antenna; six(6)remote radio head units;three(3)DC2 boxes;new fiber and power cables;and additional equipment including a new cabinet, as well as the legalization of an existing GPS antenna, and to extend the Special Permit that was due to expire on November 22,2016;and WHEREAS, on November 15, 2016 an application was received from AT&T Wireless Communications for the extension of the Special Permit for an additional five (5) year term;and WHEREAS,the applicant also intends to replace three (3) existing panels, one per sector, at the same locations and centerline heights, and add three (3)new 1900 MHz RRH Remote Radio Head(RRH)units, one per sector, which would not substantially change the physical dimensions of the existing site or present an incremental increase in potential visual impacts as compared with current conditions;and WHEREAS,the Board of Trustees is the approval authority for this Special Permit application in accordance with Sections 209-LA(1)and 250-6(H)(1)(c);and WHEREAS,the applicant has requested a waiver of the following requirements of the Village Code: Section 250-39.1)(9)-A special permit issued under this section may be renewed on application for additional five-year terms without a public hearing,provided that the applicant shall demonstrate compliance with the requirements of this section by its wireless telecommunications facility or attached wireless telecommunications facility, and shall pay the application fee for such renewal. The current License and Fee Schedule is on file in the Village Clerk's office. A renewal application shall be accompanied by a report from a qualified engineer demonstrating the structural integrity of the wireless or attached wireless telecommunications facility. Such report shall be accompanied by sufficient underlying data so that the analysis may be reviewed by a person expert in the field. Such report may be referred for professional review under Rye Brook Code Chapter 47 at the applicant's expense. Page 63 of 298 The applicant is requesting that the special permit be renewed indefinitely or in the alternative for a new five (5) year term in accordance with Section 250-39(D)(9);and WHEREAS, this application was referred to Michael Musso of HDR/LMS for review and recommendation as allowed by Village Code Section 250-39(D)(9) and any approval of the special permit renewal will be conditioned upon the recommendation from HDR/LMS;and WHEREAS,the Board of Trustees determines that the proposed action is a Type II action pursuant to 6 NYCRR Part 617 of the State Environmental Quality Review Act with respect to the approval of said Special Permit renewal;and WHEREAS, because the proposed action is a Type II action, no further SEQRA review is required;and WHEREAS,a public hearing is not required for a renewal application for a Special Permit pursuant to Section 250-39(D)(9)of the Village Code. NOW THEREFORE BE IT RESOLVED,that the Village of Rye Brook Board of Trustees hereby denies the applicant's request made under Village Code Section 250-39(G) for a waiver of the Special Permit for an indefinite period of time;and be it FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees hereby approves the Special Permit renewal for the AT&T Wireless Telecommunications Facility on the roof of Building #4, International Drive, Reckson Office Park, 1100 King Street subject to the following conditions: 1. The Special Permit shall be valid for a term of five (5) years from the date of this Resolution. 2. The Special Permit renewal shall be subject to any conditions placed on this site based on the pending review and recommendations of HDR/LMS,including at a minimum the following: a. Color matching and painting of the proposed panel antennas, antenna mounts/supports, and visible portions of ancillary equipment (e.g., RRHs, cables) shall conform to the colors of the existing panel antennas at the site and the building roof elements. b. FCC signage should be routinely inspected and maintained around the roof- based equipment and at rooftop accessways by AT&T. c. Any building roof maintenance or inspection activities by persons not trained in RF exposures should be coordinated appropriately between the owner/operator of the building and the wireless carriers to eliminate the potential for RF exposures at levels above the general public MPE. d. Operations should be maintained in accordance with the Village's Wireless Ordinance and all other relevant Village codes. Any proposed increase in Page 64 of 298 AT&T's number of antennas, antenna sizes, or number/sizes of ground- based equipment cabinets shall be approved by the Village prior to any modifications. 3. The applicant shall comply with Section 250-39(D)(7) of the Village Code regarding the submission of annual reports. 4. All conditions set forth in the November 22, 2011 Resolution of the Board of Trustees approving an Amended Site Plan and Special Permit Extension shall remain in full force and effect. 5. No permits shall be issued until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. Page 65 of 298 z 0 Ow X2 WLU 0 0 WK >co 0 Z W u 0 9112! p j 72 Vj CA ji 7E 42 P4 2 Z o .0, E. l FQ H w 8 � 4 1ma FY, s w 1.N 65 -do z z Page 66 of 298 t:l Q w 7 19 -.S 0 > (,D -0 :M. -az F, E 1 "g, 46 9 0 odd co 04 IS u 0 5 78 rO W b 10 4.; 10 1 Ow Co.6 tb 8 5 2 v 0 -0 z 0 Z- M Oz ro.,O,l '3 O . El .16 Lu U) 0 O�i cl 0 0— Of Z- 0 OR '0 'm ,d P . 1 2 se 0 0 0 0 0. a�w C$) — 0 r V, 0 wo ,d r 0 0 0 E- .0 w 0 >C:� waz IF " 1 -.5 w k" �w r U"O r .9 0 r. CJ "W5 z >CDV2. cl, -V q� El 0 0. ud F, ii t w®r 2 bo E - .acq 0 0 .U)00 co —�D . . - X�> ] 2 w E- 0 v 0 4 S wl r 0 0 W4 0 cn Cn w 0' pC 0 0 El �g LLJ 'I C3 10 Cq 0 :3 5 gi v 9 bo W 0 LU, w Ei PE t� T WCO lbo .0� g I -. . 0 0 :3 bo 10i I i 0 02, 0 0 Lu z 5 5 cm, a co 0. 6 0 Cl) 8 u i. 0 u Q w Page 67 of 298 U w W.4 bO J. 0 10rl-WO 10 bo- —0 1> gq 0- 5 gt E- 0 co 0 -0 No 0 > 'A ro'0Q ct, 0 v d -0 w t 7S G 0 4 El�r 0 N72 �L 4 At pm, z r .5 5 149 '0 Qm) -C; gII, CS 0 Q 1-0 to S�-B '0 .14 ("0❑ '0 rW 0� 0' o r cn 40 Oz 8. o 0. 0 42 'i 'a 0 z ;��s uj 0 0 w t co r- rz -0 13 m 0 0 = W I A �w '1—04 P1 M uj -3 01 0 0 + Page 68 of 298 �2 2� 0 �-� .- a E= Oz w 8 Qc C., �.8 g 0 C, 75 . (i S > :3 h — 19 iH 0 OH bo on 12 ts jil Z 04 w P. 9 0� 0 1 IS — N 2 E Page 69 of 298 VILLAGE OF RYE BROOK 938 KING STREET Permit No: 3621 RYE„QROOK W R'i"0393`x.._, Date Issued: 7/3012007 Expiration Date: 1/30/2009 13 U It . -F I 6R !vk II,NSTA L ATIO QF �.� 3 ANTENNA SE fi0�2S'&'/A40.CI,AI�M EQVIPMEh�' g F OOF/PENTHOUSE This Permit Is Issued Pursuant Io Approval: +base No. Zoning Board of Appeals ,F it 5 Reckson nor Ting Partnership X Architectural Board of R mew F3 ✓ -1 .� 2042 '� 'y2 zoos �' r 7 ' .. '` .41ipterr,atl�.oatFl?rive X Planning Board yb Ste.$ Fet ,aryf,zooT ` ?[,lye Brgok,NY["";10573 X Village Board February 27,2007 ''lj 3�iSi0.L'sF" eyy;j X Building Inspector . , 47. 1�4I OGD: .- 13-2.1 i "'t NEW: . .1-1„� 124.81 The permit holder shall be responsible for noiif h di g'D f 24 QQ00 a r ' `J r �€ r✓ ..D r--'tt^ii`,_r- Valuation"q''f Work: $60.000.00 prior to all plans m ry Inspections. @„ 4, S�Ry�,{'1,K t �' c Fees P..alai,4T $1,020.00 Approved plans must be retained un the Ipb and Eryliab gr ms�,c�on at all ur�e6 a T } ' :i An p amendments made to the original pteri mu"��6a dbmmetP 3.{he k�Bwyr �. �..„del a Building Dept.for approval. Separate permits are required for electrical and pypm mg 'rk. A Certificate of Occupancy is required for all permits "''�' Michael J.izzo Building fl Fire 1 ect r POST THIS NOTICE CONSPICUOUSLY Page 70 of 298 BCW "I 0 0 as 'ji .4.4 E�'" 1 0 2 IS > z >0 zo > 0 u -0 v 5 'd.,P�vi 0 'D a 0 cn 7 V0 ;1 on 8 W, 0 4 0 Z. cd cq OOR . -. 6-. i- -" Ra �q 0 u 5i zQ MM AN I Yv zo M to > 8 > AQ O Nb. o '01 z 0 110 0 :Jb:G rA MZ PC mO 94 0 0 F_l 0 r V 11-2 40 0 0�R 0; iN Page 71 of 298 0 0 0 0 N tF 0-5: 64 to 00 oRlowA 0 z 0 . K - 0 z 0 �cl 04 9 :�! >,&0 P� iz'0 a 0. J� ,-0 80 0 0 Ow z cy yao ja > P. 0> r:l 0 w . *;!-0 m 0.A K 2:8 0 — -.* b'oonO> 2 -za C.,-6 .,,Oz iv i WZ o SO 08 16 H. 0 y41�0 rl'-n -. - -1-� R� 'a Gpq w t 001 08 pq T3 Page 72 of 298 A ,All & VILLAGE.OE_RYE BROOK BUILDING DEPARTMENT Permit No: BP 11-152 938 KING STREET Date Issued: 12/30/2011 � RYE BROOK,NEW YORK 10573 Expiration Date: 6130/2013 914-939-U668 BUILDING PERMIT 0 FOR THE CONSTRUCTION OF Install Additional Cellular Antennas$Supporting Equipment on Roof 10 >e >a t� This Ponnit In hunted pursuant to Approvals Icaso No. I r>g' 11� ZoMng Board of Appeals Reeitson Operating Partnership LP 11<$ X Architectural Board of Review 2410 December 21,3011 4International Drive to X planning Board November 10,2011 Rye Brook,W 10573 $ in Wage Board S.B.L.'s: t� Ar X Building inspector OLD: 132.1 >� ft NEW: 124.51-1-1 ei The permit holder alreK be mponsibiafor notifying the'BuOctng Dept.24 hmvs prior to alt mandatory inspections. lim Approved plane turret be retained on the Jab and be available for Inspection at all tires. - in Any anrendmenfa made to the original plans must be suhmhbedlo the Building Dept for approval. ._ Separate pemdls are required for olecbical and plumbing work. Vakiatbn of Work: $ZO OOO.OD A CerUOcate of Occupancy is required to sloes out as permds, - Poen Paid• *3 Na as ra.oo.rama w cea.raWaoa Eauiwdrm r e.rdoa lsei Cada w dui vaaae er ova bmaa tJ WEEKDAYS•e:oo—In e:ooam w daµ.Whk ha b*Wft. saruxon 19•e:ooarrr m 4:000m _ - auNoava a"OLrDAY&No CONSTRUCTM ACTWnY ALLOWED. A Ar in f$ in Z ft in Michael J.iuo in Building&Fire inspe r 1Y$ 1n A in /$ POST THIS PERMIT CONSPICUOUSLY AT THE JOB SITE t!1? Q >B � Page 73 of 298 zo� t, tj 13 C) U 11 lo tit AMM-.1 —*H44 H mz v 70 z zt t Ji z A H Page 74 of 298 A 14, A 5V Si U :� .i;A 1 v 4"T C4 Page 75 of 298 �)\ )] ( � ) \ k \ 0 0 \\ �� 70 /\�\ �}2 . _ � \ � ƒ §{2/ f�\) %§§§§ \{/ / } ) \ Ila ()k§) k}( ! . 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'Liz-o', i� IL Page 95 of 298 January 10,2017 RESOLUTION CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTERS 209 AND 219 OF THE VILLAGE CODE REGARDING PARKLAND RESERVATIONS VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Village of Rye Brook Board of Trustees desires to make certain modifications to Chapters 209 and 219 of the Village Code to clarify language in pertaining to parkland reservations for site plan and subdivision applications; and WHEREAS, a proposed local law was introduced on October 13, 2016 to amend Chapters 209 and 219 of the Code of the Village of Rye Brook to implement the purpose set forth above;and WHEREAS, on October 13, 2016 the Board of Trustees of the Village of Rye Brook determined that the proposed action to be a Type II Action pursuant to the New York State Environmental Quality Review Act (SEQRA) and therefore no further environmental review is required;and WHEREAS, on November 8, 2016, the Board of Trustees opened a duly noticed public hearing at Village Hall to consider the proposed local law, at which time all persons interested were given an opportunity to be heard and the public hearing was closed on January 10,2017. NOW,THEREFORE,BE IT RESOLVED,that the Board of Trustees of the Village of Rye Brook hereby approves the above-mentioned local law amending Chapters 209 and 219 of the Village Code regarding parkland reservations. Page 96 of 298 LOCAL LAW AMENDING CHAPTERS 209 and 219 OF THE VILLAGE CODE A LOCAL LAW to amend Chapters 209 and 219 of the Code of the Village of Rye Brook regarding Parkland Reservations. BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as follows: Section 1. Chapter 209, Article II, Sections 14 and 15 of the Code of the Village of Rye Brook is hereby amended as follows: 5 209-14. Parks required. Before the approval authority grants final site plan approval, such site plan of a proposed development shall also show, in a proper case and when required by the approval authority, a park or parks suitably located and usable for passive or active recreational purposes. 5 209-15. Fees in lieu of parkland. A. If the approval authority determines that a suitable park or parks of adequate size cannot be properly located on any such site or are otherwise not practical, the Board may require,as a condition to final approval of any such site plan,a payment in a sum as set forth in fe be _ e current License and Fee Schedule i�on file in the Village Clerk's office. B. Said sum shall be deposited in a trust fund to be used by the Board of Trustees exclusively for neighborhood park,playground or recreational purposes,including but not limited to the acquisition of land. C. However, said fee shall not be required if,at the time of subdivision approval,land has been dedicated to the Village for park or recreational purposes or a fee has been imposed to be used for park and recreational purposes. D.To the extent that the provisions of 55 209-14 and 209-15 are deemed inconsistent with 5 7-725-a,Subdivision 6, of the Village Law,it is the intent of 55 209-14 and 209-15 to supersede such section of the Village Law pursuant to the supersession authority conferred by 10(1)(ii)e(3) of the Municipal Home Rule Law.The provisions of 55 209-14 and 209-15 are intended to provide additional authority for the imposition of recreation fees and shall not be construed as removing or limiting authority that may otherwise exist. 13131081568234v1 113117 Page 97 of 298 Section 2. Chapter 219, Section 26 of the Code of the Village of Rye Brook is hereby amended as follows: 5 219-4. Statement of policy. It is declared to be the policy of the Village to consider land subdivisions as part of a plan for the orderly, efficient and economical development of the Village. Land to be subdivided shall be of such character that it can be used safely for building or development purposes without danger to health or peril from fire, flood or other menace and without resulting in significant damage to the ecology of the area in which it is located. Proper provision shall be made for drainage,water, sewerage, electric, telephone, gas and other needed improvements. The proposed streets shall compose a convenient system conforming to the Official Map. Streets shall be of such width, grade and location as to accommodate the prospective traffic, to afford adequate light and air and to facilitate fire and police protection. In proper cases, and when required by the approval authority, a park or parks of suitable location, size and character for playground or other recreational purposes shall be shown on the subdivision plat. 5 219-26. Reservations and easements. All reservations and easements shall be clearly indicated on the final subdivision plat, along with appropriate notations indicating the rights which exist with respect to each such reservation and/or easement. A. Park reservations. (1) General standards. The approval authority may require that land be reserved within subdivisions for a park or parks suitably located for playground or other recreational purposes. Such locations shall be designated on the Village of Official Map or as otherwise deemed appropriate by the approval authority. Each reservation shall be of suitable size,dimensions,topography and general character and shall have adequate street access for the particular purpose or purposes envisioned by the approval authority which shall include passive or active recreation. The area shall be shown and marked on the plat as "Reserved for Park Purposes." (2) Minimum size. (a) Areas for parks shall be of reasonable size for neighborhood playgrounds or other recreational uses. In general,not less than 10% of the area of the subdivision shall be set aside for these purposes. (b) In general, sites reserved for park purposes shall have an area of at least one acre. The approval authority may require the location of such areas along the boundary of 13131081568234v1 113117 Page 98 of 298 a subdivision so that additional land may be added at such time as the adjacent property is subdivided. (3) Ownership of park area.The ownership of reservations for park purposes shall be clearly indicated on the plat and established in a manner satisfactory to the approval authority so as to assure their proper future continuation and maintenance. (4) Cash payment in lieu of reservation.Where the approval authority determines that a suitable park or parks of adequate size cannot be properly located in a subdivision,or where such a reservation is otherwise not appropriate or practical, the approval authority may require,as a condition to approval of any such plat,a payment to the Village of a sum as set forth in the current License and Fee Schedule on file in the Village Clerk's office Section 3. Severability. If any clause, sentence, paragraph, section, article or part of this Local Law shall be adjudicated in any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, article or part thereof directly involved in the controversy in which such judgment shall have been rendered, and such invalidity shall not be deemed to affect the remaining portions thereof. Section 4. This local law shall take effect immediately upon filing with the Office of the Secretary of State. 13131081568234v1 113117 Page 99 of 298 January 10,2017 RESOLUTION CONSIDERING THE RENEWAL OF AN INTER-MUNICIPAL AGREEMENT WITH THE COUNTY OF WESTCHESTER FOR CABLEVISION LIGHTPATH TELEPHONE AND INTERNET SERVICES WHEREAS, on March 2, 2000, the County of Westchester first entered into an Agreement with Cablevision Light Path, Inc. ("Cablevision") for the provision of full voice, video and data transmission services along a high-speed telecommunications network and under said Agreement, Cablevision will permit other municipalities in Westchester County to avail themselves of these services under the same terms and conditions;and WHEREAS, on July 14, 2015 the Village of Rye Brook approved a modified agreement for the upgrading of outdated hardware and software;and WHEREAS, the Village has received voice, video and data transmission services from Cablevision pursuant to the terms of the Cablevision Agreement with the County and the Village pays Cablevision directly for any services it may receive; and WHEREAS, it is in the interest of the Village to renew this agreement for a period of January 1, 2017 to December 31, 2021 and be provided with the same terms and conditions of the previous agreement. NOW THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the extension of the Inter-municipal Agreement with the County of Westchester for access to telecommunications services;and IT IS FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to execute and deliver all necessary documents to accomplish the purpose of this Resolution. Page 100 of 298 IT-1460 INTER-MUNICIPAL AGREEMENT AGREEMENT made the day of ,201 by and between THE COUNTY OF WESTCHESTER,a municipal corporation of the State of New York,having an office and place of business in the Michaelian Office Building, 148 Martine Avenue,White Plains,New York 10601 (hereinafter referred to as the"County") and THE VILLAGE OF RYE BROOK,a municipal corporation of the State of New York,having an office and place of business at 938 King Street,Rye Brook,New York 10573(hereinafter referred to as the"Municipality") WHEREAS,on July 26,2016,the County entered into an agreement with Cablevision Lightpath,Inc. ("Cablevision")for the provision of full voice,video and data transmission services along a high-speed telecommunications network for a five year term commencing on January 1,2016,and subject to two five-year renewals(the "Cablevision Agreement");and WHEREAS,the Cablevision Agreement also provides that Cablevision will allow other municipalities in Westchester County to avail themselves of these services under the same terms and conditions;and WHEREAS,the Municipality is desirous of receiving the aforementioned services from Cablevision under the terms and conditions of the Cablevision Agreement. Page 101 of 298 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: FIRST: The Municipality shall receive voice,video and data transmission services from Cablevision pursuant to the terms of the Cablevision Agreement,which is incorporated herein and made a part hereof by reference. The Municipality may also request other services from the County(e.g.technical services for telecommunications or data networking)which will be provided at rates published on the County Department of Information Technology website. The Municipality acknowledges that for any services to be provided over the Internet or the County's network,or which rely on the Internet or the County's network,the County's provision of those service is subject to i)the County having an agreement in place with Cablevision,pursuant to which it receives network services from Cablevision, and ii)Force Majeure as herein defined. In the event the County and the Municipality entered into a separate agreement for the provision of similar services,the term of which is still in effect,the County and the Municipality mutually agree that such agreement is hereby terminated and superseded by this Agreement. 2 Page 102 of 298 SECOND: The Municipality shall pay Cablevision directly for any services it may receive. In no event shall the County have any liability for amounts due from the Municipality to Cablevision or for damages,direct or indirect,arising out of the provision of services by Cablevision to the Municipality. h1 the event the Municipality requests other services directly from the County,the Municipality shall pay the County pursuant to the rates published on the County Department of Information Technology website. THIRD: The Municipality agrees (i)that except for the amount,if any,of damage contributed to,caused by or resulting from the sole negligence of the County,the Municipality shall indemnify and hold harmless the County,its officers,employees and agents from and against any and all liability, damage,claims,demands,costs,judgments,fees,attorneys'fees or loss arising directly or indirectly out of this Agreement;and (ii)To provide defense for and defend,at its sole expense,any and all claims,demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto. FOURTH: The term of this Agreement shall commence on January 1,2017 and expire on December 31,2021. FIFTH: The County reserves the right to cancel this Agreement upon thirty(30) days written notice to the Municipality. 3 Page 103 of 298 SIXTH: Confidential Information means all or any part of,and originals or copies of,any information,in whatever form embodied(e.g. oral,written,electronic)that the County has identified in writing as confidential at the time of disclosure. Specifically excluded is information(a)that at the time of disclosure was,or becomes,part of the public domain(through a source other than the Municipality);(b)lawfully obtained from a third party that was not under, and did not impose,an obligation of confidentiality with respect to such information;(c)that is independently developed by the Municipality;or(d)that was known by the Municipality prior to disclosure by the County. Confidential Information does not include any ideas,concepts or know-how. The Municipality shall not disclose Confidential Information to third parties without the express written consent of the County. The Municipality agrees not to remove or obscure proprietary rights notices that appear on Confidential Information and copies thereof; and shall return or destroy,as the County may direct,all Confidential Information upon demand. The Parties acknowledge that nothing in this Agreement shall be construed to change the Municipality's obligations under the applicable Freedom of Information Law or any other disclosure obligation imposed upon the Municipality by any applicable local,state,or federal law,rule or regulation that currently exists or is enacted or promulgated during the term of this Agreement,or by the judgment or order of a court or administrative agency or body having jurisdiction over the Municipality. SEVENTH: Force Majeure. Neither party shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reason of labor 4 Page 104 of 298 disputes,acts of God,acts of the public enemy,acts of superior governmental authority or other circumstances for which it is not responsible or which is not in its control,including any event that might cause the County to not receive services from Cablevision for any period of time. EIGHTH : This Agreement shall not be enforceable unless signed by the parties and approved by the Office of the County Attorney. NINTH: All notices given pursuant to this agreement shall be in writing and effective on mailing. All notices shall be sent by registered or certified mail,return receipt requested and mailed to the following addresses: To The County: Chief Information Officer Westchester County Michaelian Office Building, 9t`Floor 148 Martine Avenue White Plains,New York 10601 With a copy to: County Attorney Michaelian Office Building,Room 600 148 Martine Avenue White Plains,New York 10601 To the Municipality: Village Manager Village of Rye Brook 938 King Street Rye Brook,New York 10573 or to such other addresses as may be specified by the parties hereto in writing. 5 Page 105 of 298 TENTH: This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and shall supersede all previous negotiations, comments and writings. It shall not be released,discharged,changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. ELEVENTH: This Agreement is entered into solely between,and may be enforced only by,the County and the Municipality. This Agreement shall not be deemed to create any rights in third parties,or to create any obligations of a Party to any such third parties. TWELFTH: Any delegation of duties or assignment of rights under this Agreement,without the prior express written consent of the County,is void. IN WITNESS WHEREOF,the County and the Municipality have executed this Agreement: COUNTY OF WESTCHESTER By: John B.McCaffrey,Chief Information Officer VILLAGE OF RYE BROOK By: (Name and Title) 6 Page 106 of 298 Approved by the Board of Legislators of the County of Westchester by Act No. 309—2016 on the 17th day of October,2016. Approved by the Board of Acquisition and Contract of the County of Westchester on the 1St day of December,2016. Approved as to form and manner of execution: Associate County Attorney The County of Westchester S/Vutera/DIT/102088/Cablevision Lightpath IMA 12-6-16 final 7 Page 107 of 298 MUNICIPALITY'S ACKNOWLEDGEMENT STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER) On this day of 201,before me personally came to me known, and known to me to be the of 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 resides at and that he is of said municipal corporation. Notary Public County Page 108 of 298 CERTIFICATE OF AUTHORITY (Municipality) (Officer other than officer signing contract) certify that I am the of the (Title) (Name of Municipality) (the°Municipality")a corporation duly organized in good standing under the (Law under which organized,e.g.,the New York Village Law,Town Law,General Municipal Law) named in the foregoing agreement that (Person executing agreement) who signed said agreement on behalf of the Municipality was,at the time of execution of the Municipality, (Title of such person), that said agreement was duly signed for on behalf of said Municipality by authority of its (Town Board,Village Board,City Council) thereunto duly authorized,and that such authority is in full force and effect at the date hereof. (Signature) STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER) On this day of 201.before me personally came whose signature appears above,to me known,and know to be the of (title) the municipal corporation described in and which executed the above certificate,who being by me duly sworn did depose and say that he,the said resides at and that he is the of said municipal corporation. (title) Notary Public County Page 109 of 298 IT-1376 THIS AGREEMENT is entered into on this X6111,day of 2 0 1 k between:, THE COUNTY OF WESTCHESTER,a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601 (hereinafter referred to as the"County") and CABLEVISION LIGHTPATH, INC., a corporation of the State of Delaware having its principal place of business at 200 Jericho Quadrangle,Jericho;New York 11753 (hereinafter referred to as"Lightpath"or the"Contractor") WITNESSETH : WHEREAS, by an agreement dated March 2, 2000, as renewed by options exercised via renewals dated January 5, 2006 and January 13, 2011, and as amended by amendments dated June 6, 2008, January 29, 2010, and January 23, 2013, ("IT-233") Lightpath provided full voice, video and data transmission services along a high-speed telecommunications network to the County for the period from January I,2001 through December 31, 2015; and WHEREAS; the County desires to continue receiving such telecommunications services from Lightpath, and Lightpath desires to continue providing such telecommunications services to the County; and WHEREAS; the County and Lightpath desire to enter into this Agreement; pursuant to which Lightpath will provide the County with the such telecommunications services for the five. (5) year period from January 1, 2016 through December 3l, 2020, for an amount not to exceed $17,564,566. payable pursuant to an approved price schedule, with the County having the option to renew this Agreement for up to two (2) additional five (5) year terms on the same terms and conditions, except that Centrex voice services (as defined below) will not be offered by Lightpath during any such option periods; and Page I of 134 Page 110 of 298 WHEREAS, the County-and Lightpath desire to make telecommunications services available to Interested Participants (as defined below) based upon this Agreement in the same manner and to the same extent as such services were made available to Interested Participants based upon IT-233. NOW THEREFORE, for the mutual promises herein contained and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the County and Lightpath agree as follows: 1. Provision of Services. Lightpath shall provide the County with the telecommunications services described in this Agreement (the "Services"), for a five (5) year term, for the period from January 1, 2016 through December 31, 2020 (the "Initial Tenn"). The County shall have the option to renew this Agreement for up to two (2) additional five (5) year terms on the same terms and conditions (each an "Option Term"), except that Centrex voice services(as defined below) will-not be offered by Lightpath during any such option periods. 2. Consideration. In consideration of the Services provided to the County by Lightpath, the County shall pay Lightpath an amount not to exceed SEVENTEEN MILLION FIVE HUNDRED SIXTY-FOUR THOUSAND FIVE HUNDRED SIXTY-SIX DOLLARS (S 17,564,566.00) (the"NTE Amount"), payable at the rates specified in this Agreement. The County and Lightpath understand; acknowledge, and agree that, for the term of any option period, the County will, in its sole discretion, detennine the amount by which it desires to increase the NTE Amount for services to be provided by Lightpath during such option period; and seek all necessary legal approvals accordingly. The County and Lightpath understand, acknowledge, and agree that the NTE Amount applies only to the Services provided to the County, and that it does not include the cost of such Services that may be provided to Interested Participants (as defined below) by Lightpath based upon this Agreement. Page'-or 134 Page 111 of 298 The County agrees that Lightpath is not obligated to provide Services to the County after the County has incurred fees under this Agreement that are equal to or in excess of the NTE Amount, unless and until the NTE Amount is increased by a duly-authorized, duly-executed, written amendment to this Agreement. 3. Interested Participants. As used in this Agreement, the term "Interested Participants" shall mean, a.) without limitation, all legislative, executive; judicial, and other elements of, and all instrumentalities of. the government of the State of New York and the counties, cities, towns, villages, boards of cooperative educational services, public authorities, public benefit corporations, public libraries, public library systems, school districts, public colleges, fire districts, county improvement districts, town improvement districts, other special districts, and other entities created or chartered by law that are contained therein, whatever their origin or nature (each a "Government Entity"); b.) all entities under contract with a Government Entity, but only for, and to the extent that, Services are used by such entities as part of their performance of a contract with a Government Entity under which they operate, or operate within, a facility owned or leased by a Government Entity; and c.) any other specific entity or type of entity treated as an Interested Participant under IT-233. 4. Volume Discount. After calculation by Lightpath, on a monthly basis, of all applicable charges incurred by the County for Services under this Agreement and all applicable i charges incurred by Interested Participants for services under their respective agreements with Lightpath, Lightpath shall calculate the dollar amount of the volume discount, if any, that is, applicable to such charges, based upon the ten-ns of Schedule"E", which is attached hereto, and this paragraph "4" (the "Volume Discount Amount"). Such Volume Discount amount will be reflected on the monthly invoice as a separate line item after the total sum of monthly recurring charges ("Monthly Recurring Charges" or "MRC") and nonrecurring charges ("Nonrecurring Charges" or "NRC") for such services and before all applicable taxes, surcharges and fees. At the end of the term of this Agreement, Lightpath shall refund to the County any amount necessary to ensure that the County received, for the last month of the term of the Agreement, the full value of the Volume Discount Amount to which the County was ultimately found to be Page 3 of 134 Page 112 of 298 entitled based upon the total charges incurred by the County and Interested Participants during said month. Lightpath shall also provide the Volume Discount Amount to each Interested Participant and handle the deduction of the Volume Discount Amount from the monthly invoices of Interested Participants, and the giving of a refund at the end of such Interested Participants' contract teens, in the same manner as described above for the County. The County and Lightpath agree that Service charges incurred by the County, under this Agreement, and Interested Participants, under their respective agreements with Lightpath, for Cable Modem Service, Hosted Voice Service, Managed Backup and future managed service offerings. Non-Recurring and/or Installation Charges, and any Services purchased on an individual case basis ("ICB"), as all are defined in this Agreement, (the "Excluded Services") shall not be eligible for a reduction based upon the volume discount described in this paragraph 'W'. However, the County and Lightpath agree that the revenue for the Excluded Services will be included in Lightpath's calculation of the Monthly Threshold (as defined in Schedule"E"), 5. Insurance and Performance Bond. Lightpath shall furnish to the County evidence of the insurance coverage required by Schedule "I" of this Agreement. In addition, Lightpath shall provide a perfonnance bond in the sum of ONE MILLION DOLLARS (S1,000,000.00) for . the Initial Term. 6. Subiect to Appropriations; Subject to State Budget. The parties recognize and acknowledge that the obligations of the County under this Agreement are subject to annual appropriations by its Board of Legislators pursuant to the Laws of Westchester County. Therefore, this Agreement shall be deemed executory only to the extent of the monies appropriated and available. The County shall have no payment obligations under this Agreement beyond funds appropriated and available for payment pursuant to this Agreement. The parties understand and intend that the obligation of the County hereunder shall constitute a current expense of the County and shall not in any way be construed to be a debt of the County in contravention of any applicable constitutional or statutory limitations or requirements concerning Page 3 of 04 Page 113 of 298 the creation of indebtedness by the County, nor shall anything contained in this Agreement constitute a pledge of the general tax revenues, funds or moneys of the County. The County shall pay amounts due under this Agreement exclusively from legally available funds appropriated for this purpose. The County shall retain the right, upon the occurrence of the adoption of any County Budget by its Board of Legislators during the teen of this Agreement or any amendments thereto, and for a reasonable period of time after such adoption(s), to conduct an analysis of the impacts of any such County Budget on County finances. After such analysis, the County shall retain the right to either terminate this Agreement or to renegotiate the amounts and rates set forth herein. If the County subsequently offers to pay a reduced amount to the Contractor, then the Contractor shall have the right to terminate this Agreement upon reasonable prior written notice. This Agreement is also subject to further financial analysis of the impact of any New York State Budget (the "State Budget") proposed and adopted during the term of this Agreement. The County shall retain the right, upon the occurrence of any release by the Governor of a proposed State Budget and/or the adoption of a State Budget or any amendments thereto,,and for a reasonable period of time after such release(s) or adoption(s), to conduct an analysis of the impacts of any such State Budget on County finances. After such analysis, the County shall retain the right to either tenninate this Agreement or to renegotiate the amounts and rates approved herein. If the County subsequently offers to pay a reduced amount to the Contractor, then the Contractor shall have the right to terminate this Agreement upon reasonable prior written notice. 7. Effectiveness. This Agreement shall be deemed effective upon its execution on behalf of the parties and its approval by the Office of the County Attorney. 8. Business Enterprises Owned and Controlled by Women or Persons of Color. 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 women or persons of color in contracts and projects funded by all departments of the County. Attached hereto and fanning a part hereof as Schedule "J" is a Page 5 of 131 Page 114 of 298 questionnaire entitled Business Enterprises Owned and Controlled by Women or Persons of Color. The Contractor agrees to complete the questionnaire attached hereto as Schedule "J", as part of this Agreement. 9. Certification ReVarding Business Dealings with Northern Ireland. Pursuant to Act No. 56-1999, no County procuring officer may award or recommend for award any contract not subject to competitive bidding to a party that does not execute a certification in substantially the form attached hereto and forming a part hereof as Schedule "K". Therefore, the Contractor agrees, as part of this Agreement,to complete the form attached hereto as Schedule"K". 10. Required Disclosure of Relationships to County. Attached hereto and fonning a part hereof as Schedule "L" is a questionnaire entitled "Required Disclosure of Relationships to County." The Contractor agrees to complete said questionnaire as part of this Agreement. In the event that any information provided in the completed questionnaire changes during the tenn of this Agreement, the Contractor agrees to notify County in writing within ten (10) business days of such event. The Contractor shall also have each approved subcontractor complete this questionnaire and shall advise the subcontractor of the duty to report any changes to the infonnation contained therein to the.Contractor within ten (10) business days of such event and such infonnation shall be forwarded by the Contractor to the County. 11. Criminal Background Disclosure. The Contractor agrees to complete the Criminal Background Disclosure form as required by Executive Order No. 1-2008 and attached hereto as Schedule"M"which is hereby incorporated by reference. 12. Electronic Funds Transfer. All payments made by the County to the Contractor will be made by electronic funds transfer ("EFT") pursuant to the County's Vendor Direct program. The Contractor has represents and warrants that it has all infonnation it needs to be fully award of the details of the Vendor Director Program; that it has already enrolled in the Vendor Direct Program; and that its enrollment infonnation on file with the County is current and up-to-date. The Contractor agrees that it shall fill out and submit to the County a new EFT Authorization Form if its enrollment information needs to be updated in the future. Page 6 of 134 Page 115 of 298 13. Contents of this Agreement. This Agreement shall consist of the following: a.) this cover agreement(the"Cover Agreement"), b.) Schedule "AA", entitled "Telecommunications ,Master Service Agreement", which is attached hereto; c.) Schedule "A", entitled "Service and Network Overview", which is attached hereto; d.) Schedule"B", entitled"Internet Service", which is attached hereto-, e.) Schedule "C", entitled "Hosted Voice Service", which is attached hereto, and which contains the following exhibits: i.) Exhibit "Al", entitled "Emergency Calling Services Terrns and Conditions",which is attached hereto, ii.) Exhibit "A2", entitled "Off-Site Remote Phone and Softphone Acknowledgement",which is attached hereto;and Iii.) Exhibit"B", entitled"Statement of Work", which is attached hereto-. f.) Schedule "D", 'entitled "Service Level Agreement (SLA)", which is attached . hereto: g.) Schedule"E", entitled "Pricing''; which is attached hereto; h.) Schedule"F",entitled"Additional Services", which is attached hereto; i.) Schedule "G", entitled "Service Order Form Template", which is attached hereto; j.) Schedule "H", entitled "Service Attachments for Managed WiFi and Managed Back-Up", which is attached hereto, and which contains the following exhibit: i.) Exhibit"A", entitled"Lightpath Managed Backup Service/ End User License Agreement", which is attached hereto; k.) Schedule"I",entitled"Insurance", which is attached hereto: l.) Schedule "J", entitled "Questionnaire Regarding Business Enterprises Owned and Controlled by Women or Persons of Color",which is attached hereto; m.) Schedule "K", entitled "Certification Regarding Business Dealings with Northern Ireland",which is attached hereto; n.) Schedule"L",entitled "Required Disclosure of Relationships to County", which Page 7 of 134 Page 116 of 298 is attached hereto; o.) Schedule "M", entitled "Criminal Background Disclosure", which is attached hereto: p.) Schedule "N", entitled "Electronic Funds Transfer (EFT)", which is attached hereto; q.) Schedule"O", entitled"List of Premises", which is attached hereto; r.) Schedule "P", entitled "Product Overview / Descriptions", which is attached hereto; S.) Schedule"Q", entitled"Privacy Policy", which is attached hereto; t.) Schedule "R", entitled "Security Procedures Policy", which is attached hereto; and u.) Schedule "S", entitled "Interested Participants Acknowledged as of Effective Date".which is attached hereto. If there is a conflict among any of these documents, the order of precedence of the documents shall be the order in which they are listed above. 14. Counterparts. This Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. [NO FURTHER TEXT ON THIS PAGE] Page 8 of 134 Page 117 of 298 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. THE COUNTY OF WESTCHESTER B y: /hief n B. McCaffre Information Officer partment of information Technology CABLEVISION LIGHTPATH, INC. !1/ By: Nam : oe Flynn Title: VP Sales Approved by the County of Westchester Board of Acquisition and Contract at a meeting duly held on the 10`x'day of December, 2015. Approved as to form ud waPQ44 of Assistant ounty Attorney County of Westchester Page 9 of 134 Page 118 of 298 ACIC OWLEDGMENT STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) On the '�6 day of S in the year 201 6 , Tae jl�/v„-" known to me; .or pj6ven on the basis of satisfactory evidence, to be the individual who has subscribed to the within instrument, personally appeared before me and acknowledged to me that she/he executed the same in his/her duly authorized capacity, and that by his/her signature on the instrument, the individual, or the person on whose behalf the individual acted, executed the instrument and acknowledged, if operating under a trade name, that the certificate required by the New York State General Business Law, Section 130 has been filed as required therein. Notary fuAc Date: ANGEL RELLA Notary Public, State of New York Registration No. 01RE6149785 Qualified in Queens County Commission Expires July 17, 20-S Page lD of 134 Page 119 of 298 CABLFVISION LIGHTPATH, INC. Incumbency Certificate 1, Charles Stewart, Vice President, Treasurer & Chief Financial Officer of CABLEVISION LIGHTPATI-1, INC., a Delaware corporation (the "Company"), hereby certify that Joseph Flynn is the acting Senior Vice President of Sales of the Company and that the signature appearing below is his genuine signature: Joseph Flynn a, IN WI'I'NL;SS WHEREOF, the undersigned has duly executed and delivered this Certificate as of the- /P�-day of f tAF315T 2016. fj Charles Stewart Vice President,Treasurer&Chief Financial Officer STATE OF NEW YORK ) ss.: COUNTY OF NASSAU ) On the day of &&6-r in the year 20/(v before me. the undersigned, a Notary Public in and for said State, _ /\ICW YORK personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the officer described in and who execuied the abov ertificatc, who being by me duly sworn did depose and say that he/she r*iwdes-at,has U &f JI II BeWW,MY and he/she is an officer of said corporation;that he/she is duly authorized to execute s'id certificate on behalf of said corporation,and that he/she signed his/her game they Co pursua xf to 'u• autho ty- at n 'ubis JOYCE ANN GABRINOWITZ NOTARY PUBLIC-STATE OF NEW YORK No.01GA6259653 Qualified in Nassau County o20�0 My Commission Expires April 16, Page 120 of 298 SCHEDULE "AA" TELECOMMUNICATIONS MASTER SERVICE AGREEMENT Page 13 of 131 Page 121 of 298 THE COUNTY OF WESTCHESTER TELECOMMUNICATIONS MASTER SERVICE AGREEMENT This MASTER SERVICE AGREEMENT(`MSA") is a part of the AGREEMENT(the"Agreement")by and between Cablevision Lightpath. Inc., with offices at 200 Jericho Quadrangle. Jericho, NY 11753 ("Lightpath") and The County of Westchester ("Customer"),with offices at Michaelian Office Building, 143 Martine Avenue,White Plains,New York 10601,and is binding as of the date the Agreement has been fully executed by both parties and approved by the Office of the County Attorney. Lightpath and Customer agree that the following terms and conditions apply to the provision and use of the products and services referenced herein and in any other Exhibits or Schedules attached to the Agreement or expressly referenced therein. Lightpath and Customer may be referred to herein individually as a"Party"or,collectively,as the"Parties." SECTION 1.DEFINITIONS "Premise(s)"means the location(s)occupied by Customer or its End Users and to which any Service is delivered. The terms used in this MSA and other schedules to the "Service(s)" means any service(s) provided to Customer Agreement shall have the following meanings: by Lightpath pursuant to the Agreement. "Affiliate(s)" means an entity now or in the future; "Service Order Form" means the form for Service directly-or indirectly controls, is controlled by or is under submitted and signed by Customer and accepted and common control with, a Party to the Agreement. For countersigned by Lightpath in the form attached hereto as purposes of this section "control" shall mean the Exhibit G and which delineates the type of Service ownership of(a)fifty percent(50%)or more of the voting requested; the Premises(s) to be served, points of power to elect the directors of the company, or (b) fifty termination: the term during which the Service is to be percent (50%) or more of the ownership interest in the provided; the applicable price, in accordance with the company. pricing specified in this Agreement;and other information "Demarcation Point" means the point of demarcation or specific to the applicable Service requested. As specified interconnection at the minimum point of entry between in Section 2.1.2, all order requests below S L000 NIRC Lightpath's facilities; terminal equipment and protective will not be required to submit a signed order form. Such apparatus,and the wiring at the serving locations. orders will be accepted from an authorized person via electronic mail. "Effective Date" means January L 2016. New Pricing effective date is April l,2016. Service Element"means any line or circuit of a Service. "End User(s)" means Customer's end-user(s) or "Start of Service Date"/Commencement of Billing means the date Service or the circuit become available for use. customer(s)of Customer. Service is considered to be available for use when "Excused Outage" means any outage, unavailability, connectivity is established to the Lightpath Demarcation delay or other degradation of Service related to,associated Point and tested in accordance with the applicable with or' caused by scheduled maintenance events. technical specification for the Service.The initial Service Customer's actions or inactions,the actions or inactions of Term and billing shall commence on the Start of Service any third party outside of Lightpath's control, Customer Date for the applicable Service. provided power or equipment,Customer's End Users,or a "Tariffs"collectively means the publicly filed documents Force Majeure Event(as defined in Section 12.1). setting forth the additional terms and conditions of the "LIT" means Service which consists of Li_htpath fiber Agreement and which is contained in the applicable optic cable, terminated from Lightpath's minimum point Lightpath state tariffs (intrastate services) and, for of entry of the Customer building to the serving Lightpath interstate services, the usage rates and additional terms hub which does not require any new construction. and conditions set forth in Lightpath's Regulations and Schedule of Charges for Lightpath long distance and "Interested Participants"shall have the same definition as international services(located at www.GoLightpath.com) specified in the Cover Agreement. SECTION 2.DELIVERY OF SERVICES "New Build" means a site to which Service originates or• 2.L l Continuation of Existing Services. Starting on the terminates and to which Lightpath must build or construct Effective Date, Lightpath shall continue to provide new facilities or equipment in order to provide Service. New Build installation shall be subject to, including but Customer with all services that Lightpath was providing to Customer under IT-233 on December 3 1, 2015,and do not limited to, completion a site survey, municipal so on the sante terms as under IT-233,except,a.)as such permits and right-of-way pole licensing,landlord consent, terms, including service details, technical terms, and facility/property access, and conditions outside of Lightpath's control, and is provided by Lightpath on an Pricing,may be different in the Agreement than in IT-233, individual case basis{"ICB"). in which case Lightpath shall provide the affected services on the modified terms effective April I, 2016, and b.) Page ld of 134 Page 122 of 298 1 . where such services have been excluded from the provided, as described in Section 2.1.1. For New or Agreement and are; consequently, no longer offered to Modified Service(s) requested by Customer, Lightpath Customer by Lightpath, in which case such service shall will make commercially reasonable efforts to cease to be provided to Customer by Lightpath (the accommodate Customer's requested due date for the "Existing Services'). A list of the Premises at which the installation and start of service for such Services. Existing Services are being provided as of the Effective Lightpath will notify Customer of Lightpath's best Date is attached hereto as Schedule O. estimate of when the Service(s) will be available for Customer's use("Projected Installation Date"). Failure to 2.1.2 New Services or Modifications to the Services meet Lightpath's Projected Installation Date will not Provided. As of the Effective Date, Lightpath will be constitute a Default(as defined in Section 4.1) under the providing the County with the Existing Services, as Agreement, and Lightpath will not be liable to pay described in Section 2.1.1. Thereafter, the County may Customer any credits,penalties or damages, wish to order new Services or modify the particular Services being provided by Lightpath under the 2.4 New Build/Special Construction Agreement by adding one or more Services, removing 2,4,1 New Build Requirements. For New or Modified entirely one or more Services, or changing the quantity, Service(s)that require a New Build,such request shall be quality, or other features or details of one or more such treated as an ICB.As the construction effort required for a Services (collectively, "New or Modified Service(s)"). New Build will be defined in a separate document along With respect to such New or Modified Services, the with the applicable monthly recurring charges ("Monthly Parties agree as follows: Recurring Charges"or"MRC")and nonrecurring charges a.) Where the Agreement (including the applicable state ("Nonrecurring Charges" or"NRC"), such changes shall tariffs or Lightpath's Regulations and Schedule of 'require an amendment to the Agreement to the extent Charges mentioned in Section 12.4) contains all of the required under Section 2.1.2. Each request for such a New service details, technical terms, and pricing necessary to Build is subject to Lightpath's acceptance of such request. effect the requested Services, the requested Services may be made without the execution of an amendment. The 2,4,2 New Build Installation. A New Build installation County shall provide notice to Cablevision, in writing,by shall be subject to, including but not limited to, either a Service Order Form(for Service with an MRC of completion of a site survey, municipal permits and right- 51.000 or more) or electronic mail (for Service with an of-way pole licensing, landlord consent, facility/property MRC below $1,000), of all requests for such New or access, and conditions outside of Lightpath's control. Modified Services, and specify: (a) the new Service or Lightpath will use best efforts to meet Customer's modification requested. (b) the Premise(s) involved, (c) requested due date for a New Build installation as outlined the points of termination, the term during which the in.the New Build Service Delivery process set forth in Service is to be provided, (d) the applicable price, in Schedule P. If Lightpath cannot meet such date,Lightpath accordance with the pricing specified in this Agreement. will negotiate in good faith the earliest possible Start of and (e) any other information specific to the applicable Service Date with Customer. All intervals are based on a Service request. Lightpath's consent to such new Service standard normal business day. or modification may be withheld based upon availability and/or any credit checks, but shall not be unreasonably 2,4,3 Dual Entrance/Special Routing Requirements. withheld. Lightpath's Services are optionally available using dual b.) Where the Agreement (including the applicable state entrance,special routing requirements,or route protection tariffs or Lightpath's Regulations and Schedule of which provides Customer with diverse routes across Charges mentioned in Section 12.4) does not contain all Lightpath's fiber network. All special build or of the service details, technical terms, and pricing construction requirements must be requested at the time of necessary to effect the requested modification, an the initial. amendment to the Agreement must be executed in order for the requested new Service or modification to be made. 2,4,4 Service Order Forms For New Builds and Special Unless and until such an amendment is negotiated and, Construction. Service Order Forms for New Builds and after the receipt of all necessary approvals, executed by the types of special construction specified in Section 2.4.3 the Parties,the requested modification shall not be made. are subject to: (a) Lightpath's acceptance of such Service Order Form; (b) a site survey; (c) landlord consent: and 2.2 Terms and Pricing of Services. The terms of (d) municipal permits. All requests for dual entrance, Lightpath's Services and the associated pricing are all special routine, or route protection will be assessed a fee specified in the Agreement, including,without limitation, and are treated as an[CB. in the schedules attached hereto(e.-.,Schedules E and F). ` 2.4.5 Number of New Builds Included At No Cost. 2.3 Projected Installation Date. The Existing Services Notwithstanding anything to the contrary in this Section are already being provided and will continue to be 14. Lightpath shall provide, at no cost to Customer, Page 15 of 134 Page 123 of 298 during the period from January I.2016 through December invoiced in the first billing cycle commencing with the 31, 20187 a New Build at up to fifteen (15) locations Start of Service Date and MRCS are billed one(1)month (excluding New York City) mutually agreed upon by the in advance. All invoiced amounts, excluding disputed Parties,all as specified in Schedule"A". amounts. are due within thirty (30) days of the invoice date. Notwithstanding anything to the contrary in the 2.5 Customer Due Date. The Existing Services are foregoing, all amounts invoiced between the Effective already being provided and will continue to be provided. Date and the actual date of execution of the Agreement as described in Section 2.1.L For New or Modified shall be due within thirty(30)days after execution of the Service(s) requested by Customer,Lightpath will assign a Agreement. service delivery project manager to act as the point of contact during the service delivery phase of order 3.3Taxes/Other Charges. All charges set forth in the fulfillment and work with Customer towards their Agreement are exclusive of, and Customer hereby agrees requested due date. The project manager will coordinate to pay,any and all applicable federal state and local tares; with Customer a mutually agreeable installation date as including without limitation all use, sales, value-added. close to the desired due date as possible and the project excise, gross receipts, license, privileges or other similar manager will be responsible for managing and updating taxes, levies, surcharges, duties, fees, or other tax-related . the installation as well as communicating status and surcharges however designated, incidental to or based milestone updates to Customer.In the event Customer upon the provision, sale or use of a Service(s). Customer needs to modify the agreed upon installation date, shall not be obligated to pay taxes on Lightpath's net Customer and project manager will reschedule as long as income. Customer may provide Lightpath with valid tax- such notice is provided by Customer prior to the exemption certificates demonstrating that it maintains tax- installation date and subject to the CNR provision below. exempt status from collection of all or part of these types Customer may schedule any installation up to the day of charges and shall indemnify,defend and hold harmless before the confirmed installation date and in the event Lightpath against any taxes. Customer is not ready ("CNR") for Lightpath to deliver the New or Modified Service(s) on the installation date. 3.4 Disputed Invoices.Customer may dispute any portion Customer must reschedule and accept delivery of Service of an invoice in good faith provided Customer pays the within ten (10)business days from such installation date. undisputed portion of the invoice and submits a written If Customer does not allow Lightpath to complete claim for the disputed amount. All claims must be installation within ten (10) business days from such submitted within twenty-four (24) months of the invoice installation date, Lightpath will invoice Customer a CNR date and Customer waives the right to dispute any charges fee equivalent to the MRC for the New or Modified if the claim is not received within such period. In the Service(s) that were to be installed on such installation event the dispute is resolved against Customer,Customer date. shall pay such amounts plus interest at the rate set forth above within ten (10) business days of the resolution of 2.6 Tvpe II Service. New or Modified Service(s) to be the dispute. Any disputed amounts resolved in favor of provided by a third party ("Type Il") is/are priced as an Customer will be credited to Customer's account on the ICB.Type I€ Service will terminate at the minimum point next invoice following resolution of the dispute. of entry ("MPOE") demarcation at a serving Consistent with the dispute policy above, Lightpath facility/location. Any required extension of the MPOE waives the right to recover unbilled charges greater than demarcation is subject to time and material charges and twenty-four(24) months.Customer shall not be liable for treated as an ICB by Lightpath. Customer will be charges invoiced by Lightpath if the invoice containing responsible for any additional fees imposed by the third such charges is received by Customer more than twenty- party provider for delivery of the Type .11 Service four(24)months days after the charges were incurred for including, but not limited to, cross connect fees and such invoiced Services. building access fees. SECTION 4. DEFAULT SECTION 3.PRICING,PAYMENT AND INN7010ES 4.1 Default. A Pany shall be deemed in Default of the 3.1 Pricing.MRCS and NRCs for Services are set forth in Agreement upon the occurrence of any one or more of the Schedule E and Schedule P to the Agreement. Customer following events: will be responsible for payment of all charges applicable a. if a Party becomes insolvent. files for bankruptcy, to the Service(s)(including charges incurred as a result of makes a general assignment for the benefit of creditors,is fraud, including toll fraud, abuse or unauthorized use of adjudicated as bankrupt, or initiates any proceeding the Service). seeking general protection from its creditors; 3.2Billin2/Invoices. Lightpath will issue 'invoices to b. the violation by a Party of any applicable law, statute. Customer monthly. Installation and other NRCs are ordinance,code or other legal requirement with respect to the Service(s)or, if Customer's actions harm Lightpath's Page 16 of 134 Page 124 of 298 r network or facilities, or otherwise impede Lighipath's damage caused or related to improper use of Lightpath provision of any service to its customers or to others and equipment. such violation is not remedied within ten (10) business days after written notice thereof.or If Lightpath determines that it is necessary to interrupt C.the failure by a Parry to perform any material obligation Service or that there is a potential for Service to be under the Agreement which such nonperformance is not interrupted for the performance of system maintenance, remedied within thirty (30) days after receipt of written Lightpath will provide a minimum of ten(10)days written notice thereof: provided, however, that non-payment of notice to Customer. In the event of an unscheduled or any amount subject to a good-faith dispute shall not emergency situation, Lightpath will use good faith efforts constitute a Default hereunder and shall instead be to notify Customer prior to the performance of such governed by Section 3.4 and provided further that where emergency maintenance. Lightpath will schedule non- subject to a specific remedy under the Agreement, the emergency maintenance during non-peak hours (11:00 occurrence of the event shall not be deemed a p.m. to 6:00 a.m. Eastern Time). In no event will Default. underlying' interruption for system maintenance constitute a Service Outage. 4.2 Remedy. Upon the occurrence of a Default, the non- defaulting Party may seek any and all remedies available 7.2 Network Management Center. Lightpath shall at law and/or equity,except to the extent any such remedy operate and maintain a Network Management Center is specifically limited or prohibited by the Agreement. ("NMC") staffed twenty-four(24) hours a day, seven(7) Lightpath provides specific remedies regarding the days a week by trained and qualified personnel. Lightpath performance of Services as set forth in the Service Level maintenance employees shall be available for dispatch Agreement ("SLA") attached hereto as Schedule D. twenty-four (24) hours a day. seven (7) days a week. Customer's sole and exclusive remedy for any failure by Problems are solved via a performance management Lightpath to meet Service levels shall be an entitlement to approach, making every attempt to keep Lightpath's the Service credits in accordance with Schedule D. network in a proactive stance so that service interruptions are mitigated. Lightpath's network operations team is SECTION 5.TERbI prepared to deal with such situations as they arise. The term of the Agreement shall be as specified in the 7.3 Customer Facilities. Lishtpath is not responsible for Cover Agreement. providing, installing,connecting or maintaining Customer premises equipment ("CPE") connected with any SECTION 6.TERMINATION OF Lightpath service. Service charges shall continue to apply SERVICE/CIRCUIT regardless of the interoperability and/or availability of any such CPE.Customer is responsible for ensuring that CPE Termination of individual circuits or Services and all connected to Lightpath equipment and facilities meets associated billing provided for under this Agreement shall network interface requirements and operates in be effective thirty (30) days after written notification of accordance with the manufacturer's specifications and termination is received by Lightpath. with Federal Communications Commission ("FCC") regulations applicable to such CPE. Customer represents SECTION 7.SERVICES AND FACILITIES and warrants that it is certified to do business in all jurisdictions in which it conducts business and is in good 7.1 Lightpath Facilities. Customer shall not, nor shall it standing in all such jurisdictions. allow others to rearrange, disconnect, remove, attempt to repair or otherwise tamper with Lightpath equipment, SECTION 8. INDUMNIFICATION except for handsets and associated mounting cords. Customer shall provide a safe place to work and shall Customer agrees to indemnify, defend, release and hold comply with all rules and regulations regarding working Lightpath, its Affiliates. directors. officers, employees, conditions at Customer's Premises. Title to all facilities workers; and agents harmless from and against all loss, and equipment provided by Lightpath in provisioning damage, liability, cost and expense(including reasonable Service shall remain with Lightpath and Customer shall attorney's fees and expenses) by reason of any claims or allow or provide reasonable assistance to enable Lightpath actions by third parties against Lightpath in connection to remove its facilities from Customer's Premises after the with the performance of the Agreement or other activities cancellation, termination or expiration of any Service, or relating to the Service,the property,or the facilities which for repair, replacement or otherwise as Lightpath are the subject of the Agreement for(a)personal injury or reasonably deems necessary or desirable. In no event will property damages arising from Customer's negligence or Lightpath be liable to Customer or any other person for willful misconduct: (b) use of the Service in violation of interruption of Service or for any other loss, cost or the Agreement: (c)infringement or misappropriation of any third party intellectual property rights, defamation, Page 17 of 134 Page 125 of 298 libel, slander, obscenity, pornography, violation of the CONNECTION WITH THE AGREEMENT SHALL BE rights of privacy or publicity, spamming or any other LIMITED TO THE TOTAL AMOUNT PAYABLE BY tortious or illegal conduct by Customer, or permitted CUSTOMER UNDER THE AGREEMENT IN THE users, associated with the use of any Services under this TWELVE (12) MONTH PERIOD PRECEDING THE Agreement; or (d) infringement of misappropriation of EVENT OR CIRCUMSTANCES GIVING RISE TO any third party intellectual property rights associated with SUCH LIABILITY. THE FOREGOING LIMITATION Customer's unauthorized modifications to the Service or APPLIES TO ALL CAUSES OF ACTIONS AND combinations of the Service with non-Lightpath services. CLAIMS; INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT. BREACH OF Lightpath agrees to indemnify, defend, release and hold WARRANTY, NEGLIGENCE, STRICT LIABILITY. Customer. its Affiliates; directors, officers, employees, MISREPRESENTATION AND OTHER TORTS. workers, and agents harmless from and against all loss; CUSTOMER ACKNOWLEDGES AND ACCEPTS THE damage, liability, cost and expense (including reasonable REASONABLENESS OF THE FOREGOING attorney's fees and expenses) by reason of any claims or DISCLAIMER AND LIMITATIONS OF LIABILITY. actions by third parties against Customer in connection NO CAUSE OF ACTION UNDER ANY THEORY with the performance of the Agreement or other activities WHICH ACCRUED MORE THAN THREE(3) YEARS relating to the Service,the property,or the facilities which PRIOR TO THE INSTITUTION OF A LEGAL are the subject of the Agreement for(a)personal injury or PROCEEDING ALLEGING SUCH CAUSE OF property damages arising from Lightpath's negligence or ACTION MAY BE ASSERTED BY EITHER PARTY willful misconduct; or (b)infringement or AGAINST THE OTHER. misappropriation by Lightpath of any third party intellectual property rights concerning the Service. For purposes of this section, all references to Lightpath excluding:.(i)unauthorized modifications to the Service or and Customer include their respective Affiliates, End combinations of the Service with non-Lightpath services; Users, agents, officers, directors, shareholders and (ii) Lightpath's adherence to Customer's written employees. requirements:or(iii)use of the Service in violation of the Agreement. Whenever Lightpath is responsible under this 9.2 Disclaimer of Damages. WITHOUT LIMITING section for intellectual property infringement claims, ANY EXPRESS LIABILITY PROVISIONS PROVIDED Lightpath shall: (1) procure the right for Customer to FOR IN THE AGREEMENT OR IN LIGHTPATH'S continue using the Service; (2) replace or modify the TARIFFS; NEITHER PARTY SHALL BE LIABLE TO alleged infringing Service so that the Service becomes THE OTHER FOR ANY INDIRECT, non-infringing while offering a comparable level of CONSEQUENTIAL, EXEMPLARY, SPECIAL, service and features found in the infringing Service:or(3) INCIDENTAL OR PUNITIVE DAMAGES. if Lightpath determines the foregoing alternatives are not INCLUDING WITHOUT LIMITATION, LOSS OF USE commercially reasonable, then Lightpath may terminate OR LOST BUSINESS. REVENUE, PROFITS, OR the affected Service without liability beyond the GOODWILL, OR COSTS OF COVER ARISING OUT indemnity given above. OF OR IN CONNECTION WITH THE AGREEMENT. In the event any action is brought against the indemnified 9.3 Disclaimer of Warranties. UNLESS OTHERWISE Party, such Party will immediately notify the EXPRESSLY SPECIFIED UNDER THE AGREEMENT, indemnifying Party in writing; and the indemnifying LIGHTPATH MAKES NO WARRANTIES, EXPRESS Party, upon the request of the indemnified Party, will OR IMPLIED, AS TO ANY SERVICE PROVISIONED assume the cost of the defense thereof on behalf of the HEREUNDER. LIGHTPATH SPECIFICALLY indemnified Party and its Affiliates and will pay all DISCLAIMS ANY AND ALL IMPLIED expenses and satisfy all judgment's which may be incurred WARRANTIES. INCLUDING. WITHOUT by or rendered against the indemnified Party or its LIMITATION, ANY IMPLIED WARRANTIES OF Affiliates in connection therewith, provided that the MERCHANTABILITY, FITNESS FOR A indemnified Party will not be liable for any,settlement of PARTICULAR PURPOSE, OR TITLE OR NON- any such action effected without its written consent. INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY WARRANTY ARISING BY USAGE OF TRADE. This section will survive termination of the Agreement, COURSE OF DEALING OR COURSE OF regardless of the reason for termination. PERFORMANCE. AS WELL AS ANY WARRANTIES REGARDING THE PERFORMANCE OR SECTION 9.LINTITATIONS OF LIABILITY INTEROPERABILITY OF THE SERVICE IN CONNECTION WITH ANY CUSTOMER/END USER 9.1 Limitations of Liabilitv.WITHOUT LIMITING THE PROVIDED CPE. PROVISIONS OF SECTION 9.3, THE TOTAL LIABILITY OF LIGHTPATH TO CUSTOMER IN Page 18 of 131 Page 126 of 298 1 9.4 Compliance with Laws. Each Party is solely responsible for complying with the provisions of all Notices required or permitted under the Agreement shall applicable local, state and federal laws, rules and be made in writing and delivered by hand, certified mail regulations, including, but not limited to, obtaining all return receipt requested,or by a reputable courier service licenses, approvals, and regulatory authority, for its to the contacts whose titles and business addresses appear operations. below. Notice shall be effective on the date of receipt. Any notice delivered by hand shall be deemed received at SECTION 10.CONFIDENTIALITY the time of delivery and any notice sent by certified mail or courier shall be deemed to have been received on the "Confidential Information" consists of all information date shown as received or upon the return receipt. disclosed, whether written or oral, by one Party (the "Disclosing Party") to the other Party (the "Receiving If to Lightpath: Party") in connection with the Agreement which is non- public and which is either marked or otherwise Cablevision Lightpath,Inc. communicated as being"proprietary"or"confidential" or 200 Jericho Quadrangle cohere such information is, by its nature, confidential. Jericho,NY 11753 y Confidential Information includes but is not limited to the Att: Senior Vice President of Sales Disclosing Party's customers.or.prospective customers (except for Customer and all Interested Participants), With a copy to: business plans, optimization recommendations and network designs. Information that is independently Cablevision Systems Corporation developed by the Receiving Party,is lawfully received by 1 1 1 1 Stewart Avenue the Receiving Party free of any obligation to keep it Bethpage,NY 11714 confidential,or becomes generally available to the public Att: General Counsel other than by breach of the Agreement, shall not be Confidential Information. Confidential Information is the If to Customer: property of the Disclosing Party and shall be-destroyed or returned to the Disclosing Party upon request provided Chief Information Officer that either Party may retain Confidential Information to Michaelian Office Building,Room 313 the extent required by applicable rule,regulation or law. 148 Martine Avenue White Plains,New York 10601 The Receiving Party shall: (a)use such Confidential Information only for the purposes of performing the With a copy to: Agreement and using Services; (b)reproduce such Confidential Information only to the extent necessary for County Attorney such purposes; (c)restrict disclosure of such Confidential Michaelian Office Building,Room 600 Information to employees, agents and subcontractors that 148 Martine Avenue have a need to know for such purposes; (d)advise those White Plains,New York 10601 employees,agents and subcontractors of the obligations of confidentiality under the Agreement, (e)not, disclose SECTION 12.MISCELLANEOUS Confidential Information to any third party without prior written approval of the Disclosing Party except as 12.1 Force Nlaieure. Except with respect to payment of expressly provided in the Agreement and (f)use at least monies due hereunder,neither Partv will be liable for anv the same degree of care (in no event less than reasonable failure of performance hereunder due to an unforeseeable care) as it uses with regard to its own proprietary or event caused by any of the following conditions: act of confidential information to prevent the disclosure, God, fire; flood, sabotage; material shortages or unauthorized use or publication of Confidential unavailability or other delay in delivery not resulting from Information. the responsible Party's failure to timely place orders therefore; lack of or delay in transportation; any None of the foregoing provisions of this Section 10 be government codes, ordinances, laws, toles, regulations, read as prohibiting a Party from using or disclosing permits,or restrictions; failure of a governmental entity to Confidential Information pursuant to any applicable grant or recognize a right of way; war or civil disorder, federal, state, or local law, regulation, rule, executive strikes, labor disputes, disturbances; or any.other cause order,or policy,or pursuant to a valid order, from a court beyond the reasonable control of a Party("Force Majeure or other body having appropriate jurisdiction,that requires Event"). such use or disclosure. 12.2 Acceptable Use Poliev.Use of Internet Service must SECTION 11.NOTICES comply with the most current version of Lightpath's Page 19 o1'13.1 Page 127 of 298 Acceptable Use Policy ("AUP") found at to deliver and provide Service. Lightpath shall bear www.Golightpath.com/Tenns. The current version of no liability or otherwise be responsible for delays or which is attached hereto as Schedule B. Lightpath failure in the provision of Service caused by reserves the right to suspend Internet Service or terminate Customer's failure to provide such cooperation, the Agreement for repeated violations of the AUP, or a assistance,or access. violation of the AUP that remains uncured for ten (10) c. Licensed Technology. Customer agrees to provide business days after Lightpath provides notice to Customer Lightpath with any information, materials, and of said violation, except in the event of imminent harm technology owned, licensed, or controlled by (Lightpath's good faith determination that harm to the Customer that is reasonably required for the purpose network is likely to occur) to Lightpath's network, in of enabling Lightpath to perform Service. which case Lightpath may suspend Service immediately d. Software License. Customer acknowledges that it with notification of suspension as soon as practically may receive software as a result of Service provided reasonable. under the Asreement. Customer shall agree that it is licensed to use such software only on hardware 12.3 Privaev Practices. Lightpath's Privacy Policy supplied by Lightpath (except as otherwise attached hereto as Schedule Q along with Security authorized in the software documentation) and Procedures Policy attached hereto as Schedule R sets forth subject to the terms and conditions of the software Lightpath's commitment to respecting and protecting the license contained in the agreement pursuant to which privacy of its customers. the software,or the hardware to which such software relates. Customer shall not (i) copy, in whole or in 12.4 Customer's Duties and Restrictions. Customer part, software or documentation; (ii) modify the will be responsible for the costs of the Services to be software,reverse compile or reverse assemble all or provided under the Agreement and any other related costs any portion of the software, or (iii) rent, lease, as set forth in the Agreement. In addition, Customer must distribute, sell, or create derivative works of the provide reasonable access to its Premises to enable any software. When Customer upgrades software to a acts required by the Agreement. Services are only to be new release, it shall not be permitted to continue to used for lawful purposes. Customer is responsible for use a previous release and the new release complying with all applicable local license or permit concurrently (e.g., only one licensed copy of the requirements, and all applicable laws and regulations, software may be used at a time, except for a limited including but not limited to copyright,trade secret,patent, amount of time for parallel testing, but under no trademark, obscenity, export, import and customs laws circumstances may more than one release be in and regulations.Customer may not sell,assign or transfer production at any one time). Services without prior written consent of Lightpath. The e- Proprietary Rights. Customer acknowledges that provision of Services is subject to Lightpath's continuing Lightpath and/or its third party licensors owns and approval of Customer's credit-worthiness. retains all right, title and interest, worldwide, in any a. Restriction on the Use of the Service, Customer and all proprietary software, technology, ideas, agrees not to(i)rent,lease.or loan the Service or any methods, processes and know-how ("Lightpath part thereof,or provide or use the Service on its own Supplied Technology") provided by Lightpath in behalf, except as provided herein, or a third party's provisioning Service to Customer. yCustomer behalf;(ii)permit third parties to benefit from use of agrees that any Customer personnel that may have the Service, except for visitors to Customer's access to'Lightpath Supplied Technology shall not Premises and Interested Participants, to the extent resell, repackage or redistribute, etc., in any way, that such Interested Participants' use arises in the any information that may be gained by Customer or regular course of business of Customer and the its personnel during the delivery of Service by Interested Participants and the interactions between Lightpath to Customer. Upon termination or said parties; (iii) reverse engineer, decompile, or expiration of the Agreement,Customer shall remove disassemble any software or hardware that provides all copies or embodiments of Lightpath Supplied the Service,or otherwise attempt to derive the source Technology from Customer's network and Customer code of such software: (iv) download, export, or re- shall cease its use.Customer shall be responsible for export any software or technical data received any loss or damage to any equipment until returned hereunder, regardless of the manner in which to Lightpath. Customer shall also comply with all received, without all required United States and third-party software and technology licenses utilized foreign government licenses; or(v) remove any part in the provisioning of Service. of the Service from the Premises where Lightpath f. Customer shall be responsible for any loss or has provisioned the Service. damage to any equipment ("Lightpath Equipment') b. Customer Cooperation. Customer agrees to provide (i.e., routers, etc., but excluding handsets and all information,access to its Premises,and full,good associated mounting cords) supplied to Customer or faith cooperation reasonably necessary for Lightpath installed at Customer's Premises. Customer shall Page 20 of 134 Page 128 of 298 not, without prior written permission by Lightpath, as a result of installation or attempted installation of said alter the Lightpath Equipment, including but not software and/or hardware, Customer will nevertheless limited to, its configuration, or physically move the remain liable for its customary and regular annual or Lightpath Equipment from Customer's Premises. monthly payments to Lightpath. Upon notice from Further, Customer shall only permit certified Lightpath that hardware or software not provided by technicians designated by Lightpath to work on Lightpath is causing or, in the sole opinion of Lightpath, Lightpath Equipment. is likely to cause hazard, interference, or service g The following services are not supported under obstruction to anvone. Customer shall eliminate the maintenance or remediation for the Hosted Voice hazard, interference or service obstruction immediately. Service product: (i) support or replacement of Lightpath reserves the right to terminate Service in the Lightpath Equipment that is altered, modified. event Customer hardware and/or software is interfering mishandled, destroyed, or damaged by natural with other Lightpath customers or with Lightpath's causes or damaged due to a negligent or willful act network. Lightpath is not responsible if any changes in or omission by Customer or use by Customer other hardware, software; or services cause equipment and/or than as specified in the applicable Lightpath or software not provided by Lightpath to become obsolete,or manufacturer-supplied documentation; or (ii) require modification or alteration, or in any other way services,software,or hardware required for problem affects the total performance of Lightpath on an end-to- resolution resulting from any third-party products or end basis. any unforeseen circumstances. 12.8 Service Limitations. Customer acknowledges and Services purchased pursuant to this IvISA including but agrees that(i)criminals, terrorists, or others may commit not limited to voice service(s) are subject to the state or attempt to commit unlawful, disruptive, violent, tariffs filed by Lightpath(or its Affiliates)and Lightpath's terrorist and/or warlike acts at times and places, and in Regulations and Schedule of Charges as set forth at manners, that cannot be predicted or prevented: (it) www.GoLightpath.com/terms,provided,however,that, in information technology developments, configuration or the event of a conflict, the terms of the Agreement shall implementation changes, software modifications control over the terms of such tariffs to the extent (including routine maintenance, patches, enhancements permissible by law. and upgrades),human factors and other circumstances can create new, unknown and unpredictable security 12.5 Commercial Use. All Services offered hereunder exposures;and(iii)information technology"hackers"and are for commercial(business)use by Customer. Resale of other third parties continue to develop and employ Internet access, use of the equipment, services, hardware increasingly sophisticated and powerful techniques and and software provided hereunder, whether provided by tools which result in ever-growing security risks and Lightpath at no charge or for charge, is prohibited and potential for causing damage to persons and property., Customer shall use its best efforts to ensure that the Lightpath does not make any representation or warranty equipment, services, hardware and software offered that Customer's or any third party's information hereunder are used only for the purposes intended. Resale technology, software, information, equipment, facilities. of Internet access(acting as an Internet service provider), or personnel are, or will be, secure or safe from harm or without the express written consent of Lightpath, will secure or safe from intrusion, disruption, interception, subject Customer to termination of the Agreement. viruses,or other security exposures,or damage to persons or property caused by the preceding and that Customer 12.6 Use of Service. Lightpath's Voice Services are has a responsibility to actively monitor the functions of its intended for the standard business customer and may not systems and to back up its data regularly. Lightpath does be resold, used for illegal purpose, for completion of not provide or represent or warrant that Services excessive auto-dialed or short duration calls with Lightpath provides will ensure Customers compliance predictive dialers, or for any use that could harm or with any particular law. including but not limited to any interfere with the ability of Lightpath or others to use law relating to security or privacy. Customer is solely Lightpath's network ("Prohibited Use"). Lightpath shall responsible for complying with the legal obligations of all have the right to immediately suspend and/or terminate data protection legislation, in particular with the legality any or all Services provided hereunder without notice to of transmission of data to Lightpath and the legal Customer in the event of any Prohibited Use. requirements for processing of data. 12.7 Hardware and Software Not Provided by 12.9 Emergenev Callint_ Services (E911). Customer is Lightpath. Physical equipment and/or software products responsible for complying with all applicable emergency NOT provided by Lightpath are the sole responsibility of calling service laws.Lightpath's responsibilities end at the Customer. Customer is responsible for, installation. Demarcation Point,the Lightpath LIT location where CPE compatibility, maintenance, and service of such hardware is located(physical primary service address).Customer is and/or software, and if Customer is unable to use Service responsible for the registration of this physical address Page 21 of 134 Page 129 of 298 with Lightpath. Customer is also responsible for the the right to suspend and/or terminate any Service without provision of E91 I for all interconnected End Users behind liability where: (a) regulatory activity prohibits, restricts the CPE and notification of any limitations to all of its or otherwise prevents Lightpath from furnishing such End Users. Service, or(b) any material rate, charge or term of such Service.is substantially changed by a legitimate regulatory 12.10 Access Limitations. Common events that can limit body, governmental authority, or by order of the highest access to E911 include but are not limited to: court of competent jurisdiction to which the matter is appealed. The Parties consent to non-exclusive personal a. Loss of electric service. Service including access to jurisdiction in any action arising out of the Agreement E911 will be interrupted if there is a loss of electric brought in any state or federal court sitting in New York. service. Customers are urged to implement a battery backup system for Service. Following a power failure 12.14 No Waiver. No failure by either Party to enforce or disruption, the equipment, including devices for any rights hereunder will constitute a waiver of such right, Hosted Voice Service; may need to be reset or unless otherwise specifically set forth herein. reconfigured prior to utilizing the Service including access to'E911. 12.15 Other.The Agreement is not intended to constitute. b. Loss of access service. Service including access to create, give effect to or otherwise recognize a joint E91 1 will be interrupted if the attendant connection is venture, partnership or formal business organization of not available, any kind,and the rights and obligations of the Parties shall c. Failure of equipment. The malfunction or failure of be only those expressly set forth herein, At all times equipment, software or hardware necessary for end- Lightpath and Customer shall remain independent to-end IP voice communications functionality could contractors, each responsible for its own employees and potentially limit access to E91 1, agents. d. Service outage due to disconnection of Customer account. If any provision or part of a provision of the Agreement or e. Other service outages. If there is a Service outage for any other document or writing given pursuant to or in any reason;such outage may interrupt all Service, connection with the Agreement shall be held to be invalid, including access to E91 L Such outages may occur for illegal or unenforceable under applicable law, such a variety of reasons,including but not limited to; provision or part thereof shall be ineffective to the extent those reasons described elsewhere in this[VISA_ of such invalidity only, without in any way affecting the Customers purchasing Hosted Voice Service are also remaining parts of said provision or the remaining subject to additional obligations for 911 compliance provisions of the Agreement. found in the Hosted Voice Service Agreement. Except as expressly specified in the Agreement, the 12.11 Export Control Regulations.Lightpath Equipment Parties do not intend,nor shall any clause be interpreted to and software, including technical data, may be subject to create in any third party, any obligations to, or right or U.S. export control laws, including the U.S. Export benefit by, such third party under the Agreement from Administration Act and its associated regulations, and either Lightpath or Customer. may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all 12.15 Interested Participants. Lightpath hereby agrees such regulations and acknowledges that it has the to make available to Interested Participants any and all responsibility to obtain licenses to export, re-export, or Services available to Customer under the Agreement,and import Lightpath Equipment and software. do so, a.) at the same prices as specified for Customer under the Agreement, including any future reduction in 12.12 Assignment. Customer may not assign its rights such prices for Customer based upon the Volume and obligations under the Agreement without the express Discount Amount (as defined in the Cover Agreement), prior written consent of Lightpath, which will not be and b.) utilizing (aside from pricing)either the terms and unreasonably withheld.The Agreement shall apply to any conditions of this Agreement or, at the discretion of, and permitted transferees or assignees. Notwithstanding any subject to negotiation between, Lightpath and each assignment by Customer,Customer shall remain liable for Interested Participant, other terms and conditions, the payment of all charges due under the Agreement. however, in order to enjoy the benefits described in this Section 12.15.a.)an Interested Participant must enter into 12.13 Governing Law. This VISA is governed by and an agreement with Lightpath for a term that is the same shall be construed in accordance with the laws of the State length as the Initial Term and each Option Tenn(i.e.,five of New York without regard to its choice of law (5) years) under this Agreement, and b.) an entity must principles, except and to the extent that the first be acknowledged, by mutual agreement of the Communications Act of 1934.as amended and interpreted Parties, to be an Interested Participant. The Parties by the FCC,applies to the Agreement. Lightpath reserves hereby agree that the entities listed in Schedule S are all Page 22 of 133 Page 130 of 298 acknowledged as Interested Participants as of the Effective Date. SECTION 13.ENTIRE AGREEMENT/AMENDiNIENTS The Agreement, including any Schedules and Exhibits made a part thereof. and any Tariff applicable to the delivery of Service.constitutes the entire understanding of the Parties related to the subject matter hereof and supersedes all prior agreements, whether oral or in writing. The Agreement may only be amended, modified or supplemented by an instrument in writing executed by each Party. -[NO FURTHER TEXT ON THIS PAGE] A Page 23 of 134 Page 131 of 298 SCHEDULE A SERVICE AND NETWORK OVERVIEW Service and Network Overview. Lightpath's fiber infrastructure is the foundation of the network Lightpath built for Westchester County starting Fifteen years ago. With more than 1,390 route miles and 85,756 fiber miles serving Westchester County Government Lightpath's Service is scalable and reliable with access to 96 County locations. Backed by a local. dedicated account support team and a 24x7 Network Operations Center, Lightpath is proud of our service level commitment to the County,evidenced by the fact that Lightpath have been awarded the New York State Public Service Commission's commendation for service excellence 16 consecutive years. Lightpath understands the importance of the dedicated support team currently serving- the County. Lightpath will keep a dedicated support team in place,as it is todayto ensure the highest level of support to the County. Voice Network Westchester County has indicated its intention to replace the current Centrex service provided by Lightpath; with a County owned premise based phone system. Lightpath is fully capable of supporting this new architecture with SIP trunk or PRI offerings. Pricing for call path (SIP) and circuit (PRI) offerings can be found in the pricing schedule in Schedule E. Pricing was calculated 3.000 concurrent call paths to support all Westchester County Government offices. This represents an approximate oversubscription rate of 2.1. Any adjustments to this will have an impact on the proposed savings. As we have done under IT-233, we will continue to provide the County with analog "POTS" Services for use where needed. .These services will be delivered using Lightpath's voice services infrastructure. All calls between the County and Interested Participants within the geographic bounds of Westchester County (Intra-County calling) will continue to be free of charge. In reviewing the County's usage patterns over time,and in light of the fact that fees for all calls between the County and Interested Participants are waived by Lightpath,a"bundled"usage package will not be purchased at this time. Instead the County will remain on a metered plan. Any required call detail reports from individual stations or"seats"connected to this new premise based solution will be pulled from the call manager and will no longer be provided by Lightpath. Lightpath can provide calls by trunk group,but cannot provide individual detail by station or"seat". y As the County transitions from Centrex to a new solution. Lightpath will maintain the Centrex Service,subject to the availability of parts and repair services from authorized suppliers. In years 2016 through 2018 Lightpath will maintain the Centrex line charges at today's current price points. Starting in January of 2019, Lightpath will increase its Centrex line charges by 50%. In January of 2020; Lightpath will increase its Centrex line charges from its then current levels by an additional 80%. Centrex will be at end of life by the end of 2020. New Centrex Services may not be ordered after the Effective Date, except that Lightpath will provision additional Centres lines in County owned or operated buildings where Centrex service is already provided at such facility and where available capacity exists. Centrex Service will not be provided after December 31, 2020. Voice Configuration Interested Participants who would like to continue to receive a fully managed voice service from Lightpath will have the ability to utilize I-ightpath's Hosted Voice solution. This solution is currently used by many of the schools and municipalities within the County today. Hosted Voice.provides a feature rich phone experience and is a turnkey solution. The Lightpath Hosted Voice Feature Server provides Interested Participants with an advanced set of functionality that allows real-time Moves, Adds and Changes (MACS) through the use of a fully integrated user portal. Pricing for Hosted Voice Service is outlined in Schedule E. Next Generation Data Network Lightpath is committed to investing in our network infrastructure to update network elements that support the County's mission critical applications. This migration will be completed at a pace that maximizes the benefits to the county. Lightpath will continue to provide the same high level of service and reliability the County has come to expect. This upgrade will also drive improved network performance and enable additional features, including self-provisioning of certain services in the future. Lightpath will selectively utilize wave division Page 24 of 134 Page 132 of 298 multiplexing (WDivl) technology to further enhance the capacity and efficiency of the network. as well as to reduce provisioning intervals. The network topology will consist of a combination of ring, mesh, and linear circuits, with state of the art failover capabilities — all with the objective of providing the optimal level of reliability and redundancy for each County location. Bandwidth Upgrade Initiative Currently the County and Interested Participants have approximately 160 data circuits with less than 20 Mbps of bandwidth. Lightpath offers the option to bring all County locations and locations of Interested Participants that are off Term to a minimum of 20 Mbps upon renewing the Tenn at the newly reduced rates, outlined in Schedule E. Additional Locations As the needs of the County evolve, Lightpath understands that connectivity may be required at locations that are not currently lit by Lightpath. As part of our commitment to strengthen our partnership with the County, under the new agreement. Lightpath will support the continued expansion of the Westchester County network by offering to build fiber to fifteen locations(excluding NYC)over the next three years at no additional cost to the County. Westchester County can select sites from a list of locations mutually agreed upon by Lightpath and the County for the provision of new services into such sites. Additional locations will continue to be added consistent with the Lightpath New Build financial business case minimum requirements. Additional Services Lightpath includes options for the County to purchase additional Managed Services such as Managed Backup, and Wi-Fi or new managed services being offered by Lightpath on an Individual Case Basis (ICB) not currently purchased by the County. These Services offer the County the most advanced technology and available throughout the term of the agreement. Site Readiness As in previous agreements, Westchester County has had responsibility for managing any Westchester LAN infrastructure to support services that you purchase from us. Westchester County will continue to provide space,power and environmental conditioning requirements. Lightpath assumes standards compliant Category D station cabling exists. As pan of the past agreement and subsequent renewals, Lightpath has operated and maintained switch modules located at the Grasslands and 148 Martine Avenue in White Plains and subject to availability. As part of the County's voice migration,Lightpath will work with County Officials in a coordinated manner to decommission these modules. Both modules will remain operational for as long as they're needed to support the County's needs and subject to availability. Page 25 of 134 Page 133 of 298 SCHEDULE B INTERNET SERVICE,,,:. I. Prohibited Uses of Lightpath Internet Service: Customer shall not use the Internet Service provided by Lightpath, if any, for illegal or inappropriate activities as outlined in the AUP(attached hereto). The AUP will be updated from time to time and the latest version will supersede all prior versions.The current AUP is posted at www.GoLightPath.com/terms 2. In addition to the AUP,all Internet Service customers may NOT: a. Send anv communication that meets the AUP definition of SPAM. Lightpath does not recognize any purchased"Opt In" list as true"Opt-In" and therefore does not allow customers to use these lists in any type of communication. "Opt-In" requests made by Internet users must have the following information logged by Customer:email address(or other identifying means depending on communication format),date of request, time of request, and IP address of the requestor at the time or the full header of the email request. Customer will be asked to present such information to Lightpath should a SPAM issue arise. Failure or refusal to provide such information will be considered a violation to these terms and the AUP.It is highly recommended that Customer use a double verification method before adding a user to a mailing list to avoid malicious subscriptions. b. Distribute marketing, newsletter, or similar communications from Customer unless there are at least two (2) different ways for the user to "Opt Out" of future mailings. Furthermore. Customer must practice appropriate list management and honor all removal requests made by recipients immediately upon receipt. Logs of the removal process should also be kept by the subscriber and be made available to Lightpath upon request. C. Host any website or service on the Lightpath network that uses or benefits from SPAM marketing techniques regardless of where the communication originated. d. Register or point a domain,sub'-domain, or hostname to any Lightpath IP address using false, inaccurate, or fictional contact information on the domain registration. Additionally_, Customer must adhere to RFC 2142"Mailbox Names for Common Services.Roles.and Functions." Failure to comply with the above may result in suspension of Service without notice or termination of this MSA for cause and termination charges will apply. 3. Internet Protocol Addresses: Internet protocol addresses for Internet Service allocated by Lightpath to Customer will remain the property of Lightpath and are non-portable. IP allocation is dependent on approval of Customer's network configuration requirements as documented on the Lightpath IP Justification Form. Lightpath will allow Customer to announce Internet protocol addresses for a maximum of sixty(60)days after termination of Service, provided that Customer will be responsible to pay the monthly fees associated with Services. Page 26 of 134 Page 134 of 298 Acceptable Use Policy for Internet Service The Acceptable Use Policy(AUP)has been created by Lislrtpaih to promote the integrity,security,reliability-and povocy of Lighipoh's nencoik.The AUP storks in conjunction with the Internet Terms&Conditions and specifies actions that are prohibited by users of the Lighupath network.LiOlipath reseres the right to modify the AUP at any tune and any such modification shall be automatically effective as to all users when adopted by Lighipath. Use of the Service is subject to the follouine rules and guidelines as well as product specific Terris&Conditions included with this A?reentent, Each Customer of the Service is responsible for ensuring that the ruse of all Services provided complies with this AUP and associated Terms&Conditions.Any [user who does not agree to be bound b-these terns shoidd hnutediaiely stop their rise of the Service and notify their Customer Service Deparmmnr io tertrwtate the account. I. Iileeal Use The Service may be used only for lawfid purposes.Transndssior or distribution of any material in violation of any applicable law or regvilation is prohibited. This includes. without limitation. material protected by copyright. trademark. trade secret. or other hnellecutal propene rigfnt used without proper authorization.and material that is obscene.defamatory.constitutes an ulrt illegal threat,or violates export co lroi laws. Fhemmre.use of die Service to impersou-me a person or entity is not permined. _. Svstem and Network Securitv - Violations of system or network security are prohibited.and tray result in criminal and civil liability.Examples of system or network security violations include.without lirutitations.the followrne: • Unalldlolized access to or use of data.systems or networks.including any attempt to probe,scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. • Unauthorized urotltorirmg ofda[a or traffic on any network or system without express authorization of the owner of the system or network • Interference with Serice by any user,host or network including.without limitation.nail bonibui2,tloodi112.or denial of service snacks. • Foreina the header of any transmitted information packet.email or Usenet posting. • Modifying or rampering with any hardware,sof w;cre.or configuration provided by Lfglupath including but not limned to routers.switches,and cable modern cotiist uration files. • Disrupting any aspect of the Lighipadh Internet Network through any means. • Excessive use of barrchrichL that in Li htp,ti's sole opnriom toes above nonruil usage of goes beNvnd the lunit allocated to the user. • Assunfmine or assienhte a Lidmpath IP address that was not allocated to the user by Lislnpath or its network.All residential users must Else DHCP to acquire an IP address.Business users should refer to the specific product Tenns.-Conditions for further clarification. 3. Electronic\rail Spain-Lightpath defines Spain("SPIV\r)as any email or elecnonic coruunuricaiien inchicline,but not lunired to,instant uressenger pio?aams.iRC.Usenet. etc.that promotes or advertises a service.product.cause.opinion.money making opportunity or the like that the recipient did not specifically request from die sender.The communication does not necessarily have to pass through the Service's email hnfimt runre-it only needs to originate front a service fuser. Residential service users nay not send any communication meeting the defufition above regardless of whedrer the recipient requested it or not.Business users should refer to their contract for further clarification of this issue. Lightpa[h maintains a zeta-tolerance policy an SPA_',I for all of its irrtemet products and will take iturnediate action against user violaturg this policy. Liglrtpalh's Internet Service inay not be used to collect responses front unsolicited entail regardless of the entail's origination.Moreover',unsolicited email may not direct the recipient to any web site or other resoutree that uses the Service and die user tray not reference the Service in the header or by listing an IP address that beionas to the Service in any uutsolicited email even if that email is not sent throwuh the Service or its infnsoucnhre. Users uay not send any type of commnmiearion to any individual who has indicated that hefshe does not wish to receive messages front therm.Con[inuiug to send email messages to anyone that has expressly requested not to receive email from you is considered to be harassment. d. LtSENET.Qnrernet Chat Users may not SPANT new'spaollps or chat rooms anti must comply with the wfltien charters.FAQs,rules:or teslas of service for those fortuns the user chooses to participate.The user is responsible for detemun ing the policies of a given groryrlrooni before posting-to it.Additionally.users are not permitted to: • Cross-post the same o-substantially similv-messaee excessively-Lishtpa[li s sole opinion • Post binary files to uon-binary groups • Flood or disrupt a group i. Abusable Resources Customers shall take all necessary steps to avoid actiolns that resldt in the abuse of a resource on their network.Examples of abusable resources include but are not limited to open news servers.open S\tTP servers.insecure routers.wireless access and insecure proxy servers.Upon notification from Lieh ipltlr. users are recinived to address the problem in a timely fashion.Failure to address an issue after notification will be considered a violation of this AUP.`ot all prodrtets perms[use of these types of serices:please refer to your product specific Teruu S Condition;for fu r1wr clarification. 6. Ver Restoncibilit- The user is solely responsible for the security and misuse of any device that is connected to the Service. Lighipath recourmends that users implement appropriate nreastues to secure their systeuts and these nueastues rnay.iuchrde installation of firewalls.antivirus protection with regular updates.regularly checking for anti applying security patches for software and opemtine systCmis.Incl_general security conscience use of due Serice. . Viruses Service users intim take appropriate action 10 prevent rlreif SyS[em5 11-0111 becoming infected wits ancdor distribiuing computer vinuses.Liglnpaih will take appropriate(as decided by Lightpath)action against uscrs infected with computer viruses of worms io prevent further spread. S. Enforcement UsEhipath reserves the riglu to investigate violations of this AUP,including ng the gathering of infamiation front the user or risers involved aril the complainbng party.if any.and the a cunutration of niaterial an Liehripadis servers and network.Li2htpath prefers to advise customers of AUP violations and any necessary corrective action but if Lislapath.in its sole discretion.detemtunes that n user has violated tine AUP.Lightpatli will take any responsive action that is deems appropriate without prior notification. Such action includes, but is not limited to, temporary suspension of service.reduction of service resources and, termination of Senice.Liglupath is not liable for any such responsive action and these actions are not exclusive. Lightpath nay take any other legal or technical action it deems appropriate. The failure of Lighrpath to enforce this AUP_for%iatevei reason-shat,not be construed as a waiver of any right to do so at any thee. Page 27 of 134 Page 135 of 298 SCHEDULE C- HOSTED VOICE SERVICE I. Commencement of Billing/Start of Service Date for Hosted Voice: The Initial Service Term begins on the date Service becomes available for use("Start of Service Date"). Service is considered to be available for use when connectivity is established to the Lightpath demarcation point and the equipment associated with the endpoints such as POE devices,as applicable,routers.and IP handsets are delivered. installed and tested at the Customer site.Billing for Service shall commence no later than five(5)calendar days after the installation date or the date Customer utilizes any or all of the Service(s). If Customer is porting their existing telephone numbers atter billing commences.Customer is responsible for coordinating the port with Lightpath. 2. LAN Assessment & Remediation: Prior to the signing any Service Order/Agreement form, Lightpath will conduct an on-site,pass/fail assessment('LAN Assessment") to determine if Customer's Local Area Network ("LAN"), in its present configuration, could support the Hosted Voice Service. If Customer's LAN passes the LAN assessment, Customer's LAN will be considered "Hosted Voice Ready." If Customer's LAN fails the assessment. Lightpath will present Customer with a schedule and description of effort to remediate the LAN to support the Hosted Voice Service("LAN Remediation Plan"or"Plan").(Note: LAN remediation by Lightpath not applicable when Customer provides own LAN switches.) Equipment required for the LAN Remediation Plan will be supplied by Lightpath to Customer at no cost to Customer subject to limitations set forth in the Statement of Work. Lightpath provides equipment to support the Hosted Voice Service. Lightpath does not take responsibility I'or managing Customers LAN infrastructure and is not responsible for service outages related to Customer's LAN wiring and cabling or off-site connectivity. Customer shall notify Lightpath in writing of its acceptance/rejection of the LAN Remediation Plan within five (5) business days of delivery of the Plan. If Customer does not accept the LAN Remediation Plan in writing,Service will be canceled with no liability. 3. SOFTPHONES, OFF-SITE PHONES & WIFI CONNECTIVI'f Y: LIGHTPATH ALLOWS THE ABILITY TO ACCESS THE HOSTED VOICE SERVICE THROUGH SOFTPHONES,OFF-SITE PHONES AND WIFI CONNECTIVITY. IN NO EVENT SHALL LIGHTPATH BE RESPONSIBLE FOR,NOR DOES IT WARRANT THE PERFORMANCE OR INTEROPERABILITY OF THE SERVICE IN CONNECTION WITH ANY SOFTPHONES. OFF-SITE PHONES OR WIRELESS CONNECTIVITY. IT IS CUSTOMER'S SOLE RESPONSIBILITY TO SUPPORT AND TROUBLESHOOT ANY RELATED CONNECTIVITY ISSUES UNDER THIS SECTION.CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THE HOSTED VOICE PRODUCT CHARACTERISTICS AS SET FORTH IN THE OFF-SITE REMOTE PHONE AND SOFTPHONE ACKNOWLEDGEMENT ATTACHED HERETO AS EXHIBIT AZ. 4. Cancellation of Service: If Customer cancels Service prior to the Start of Service Date and after LAN remediation approval and acceptance, Customer shall reimburse Lightpath for all reasonable direct costs incurred by Lightpath prior to Customer cancellation of such Service. Notwithstanding the above. if Customer does not approve the LAN Remediation Plan,Service will be cancelled with no liability for service cancellation. 5. Earn° Termination for Hosted Voice Service: If Customer terminates any Service after the Start of'Service Date, Customer shall pay a termination charge equal to 100% of the monthly recurring charges times the number of months remaining in the applicable term. 6. Statement of Work: The Statement of Work("SOW")for Hosted Voice Service outlining the responsibilities, deliverables and acceptance criteria for Service perforni by Lightpath is attached hereto as Exhibit B. 7. Emergeney Calling Services(E911)for Hosted Voice Service: Customer is responsible for complying with all applicable emergency calling service laws. E9 I procedures and restrictions are set forth in Emergency Calling Services Terms and Conditions attached hereto as Exhibit Al. All County and Interested Participant Service Orders require Exhibit Al to be signed. S. Alarm Svstem Restrictions: Lightpath.Hosted Voice Service does not support e central station monitoring systems including(i) medical alert systems, (ii)any high security monitoring systems (UL 681 or similar),or (iii) fire alarm systems(UL 864 or similar). If Customer desires to utilize a central station monitoring systems, Customer must maintain an alternate connection_. 9. Overhead Paging: Hosted Voice Service is compatible with most overhead paging systems. In the event Customer's overhead paging system is not compatible with Hosted Voice Service,Customer will be responsible for bringing the overhead paging system into compliance with Hosted Voice Service. 10. Call Recording via IP Port Nlirroring: Hosted Voice Service is capable of supporting Call Recording via IP Port Mirroring. However, Lightpath does not offer this feature as part of Hosted Voice Service, nor does Lightpath sell, install,or maintain Call Recording equipment. Upon Customer's request. Lightpath will enable Lightpath's Ethernet switch, as applicable, on Customer's premises to support Call Recording, however, it is Page 28 of 134 Page 136 of 298 Customer's responsibility to provide and install all IP capable Call Recording equipment. Lightpath is not responsible for any losses, claims, or liability whatsoever, including but not limited to, the installation, operation,or failure of IP Port Call Recording. 11, Additional Charp_es: Any service required by Customer to be performed outside standard business hours (Monday-Friday 8:00am to 5:00pm local time), unless otherwise planned for and noted,shall incur additional charges based on time and material.If Customer requires any changes to Service after the initial installation and such changes are outside the scope of the initial design.Customer will be subject to additional charges. Page 29 of 134 Page 137 of 298 Exhibit Al Hosted Voice Service Emergency Calling Services Terms and Conditions—To be signed with each Hosted Order Form Emergency Calling Service or Enhanced 911 service("E91 I")for Hosted Voice Service is a feature that enables users to initiate emergency calls to reach an appropriate public safety answering point (PSAP) with the telephone number and registered address displayed at the PSAP.Provided below are the terms and conditions for the E91 1 service,as applicable, for Hosted Voice Service. The ability to access an appropriate PSAP depends on the type,configuration,and location of the phone used.Lightpath provides E911 only in locations where such 911 calling is available and only under the limited circumstances described below.Furthermore,much like access to 911 emergency service via traditional PSTN local service,access to a PSAP will be unavailable if the access circuit fails'. Customer Responsibilities: Customer is responsible for complying with all applicable emergency calling service laws. I. Initial Registration of Phvsical Location.When 911 is dialed on an IP phone,softphone and analog phone used for voice communications as part of the Hosted Voice Service("Device"), the call is routed to the appropriate PSAP based on the physical primary service address of the Automatic Number Identification("ANI")(may be the Billing Telephone Number ("BTN") or Calling Party Number (`CPN") for Customer's configuration). Customer is responsible for registering the physical primary service address with Lightpath. The initial locations of the Hosted Voice Service are registered as part of the installation for Hosted Voice Service. Failure to provide the current and correct physical location may result in the loss of E911 capability and/or will result in emergency service calls to be routed to the wrong local PSAP. The equipment in provision of Hosted Voice Service may also need to be reconfigured upon change in the physical primary Hosted Voice Service address in order for an E911 call to be routed to the appropriate PSAP. 2, Re-Registration due to Change of Phvsical Location after Installation. Hosted Voice Service provides Customer with the ability to remotely access their VolP network to initiate and receive calls in the 50 U.S.states and the District of Columbia by utilizing the mobility features(i.e.extension mobility.softphones,physical movement of IP stations). In cases where the Customer utilizes theses mobility features and wishes to place calls, Lightpath requires the Customer to re-register their physical location via the process outlined in Lightpath's End User ,Nobility Calling Guide. FAILURE TO RE-REGISTER THE CURRENT PHYSICAL LOCATION MAY RESULT IN THE LOSS OF E911 CAPABILITY AND/OR WILL RESULT IN EMERGENCY SERVICE CALLS TO BE ROUTED TO THE WRONG PSAP. Until the re-registration is complete. Customer may be suspended from initiating calls but will have the abiiity to receive calls. Each time the Customer changes their physical location, including upon return to initial location of the Hosted Voice Service installation,Customer MUST re-register their physical location so that calls may be routed to the appropriate PSAP. 3. Delivery of Location-Specific Automatic Location Identification ("ALI"). If Customer requires delivery of location specific ALI such as floor and room number within a building) to the PSAP or otherwise desires E911 service to be provided for multiple user configurations, Customer must implement capabilities which allows Customer to build and maintain the 911 records for the telephone numbers associated with a BTN or CPN depending on Customer's configuration. Customer may obtain the software and support that enables such capabilities from a third-party provider. In all cases, Hosted Voice Service can only support the delivery of the caller's station level phone number to a PSAP when such telephone numbers are ported to Lightpath during the initial provisioning process or numbers assigned by Lightpath. 4. Notification to All Users.Customer is responsible for informing all its end users(including employees,visitors,and other third parties who may be present at the physical location where Hosted Voice Service is utilized) of the differences in and the limitations of E911 for Hosted Voice Service,including but not limited to,that E911 access to a PSAP is limited as described in these terms and conditions regardless of the type of Device used.Customer will also notify all such.end users what procedures they must follow for registering a new location prior to moving a Device. Lightpath will supply stickers concerning the risk associated with not registering a new location for E911 service(the "911 Sticker") after the initial installation of the Devices or utilization of the mobility features. Customer shall not remove or damage the 911 Sticker on each Device used with Hosted Voice Service. 5. Access Limitations.Common events that can limit access to E911 include but are not limited to: a. Loss of electric service.Hosted Voice Service, including access to E911,will be interrupted if there is a loss of electric service.Customers are urged to implement a battery backup system for Hosted Voice Service.Following a power failure or disruption, the equipment, including Devices, may need to be reset or reconfigured prior to utilizing Hosted Voice Service including access to E911, b. Loss of access service. Hosted Voice Service, including access to E91 1, will be interrupted if the attendant connection is not available. Page 36 of 134 Page 138 of 298 c. Failure of equipment.The malfunction or failure of equipment,software or hardware necessary for end-to-end IP voice communications functionality could potentially limit access to E91 I. d. Service outage due to disconnection of Customer account. e. Other service outages. If there is a Service outage for any reason, such outage may interrupt all Services, including access to E911. Such outages may occur for a variety of reasons, including. but not limited to, those reasons described elsewhere in this Agreement. 6. Limitation of Liabilitv and Indemnification for E911 Services. E91 I for Hosted Voice Service is offered solely as an aid in contacting an appropriate PSAP in connection with fire,,police and other emergencies. Lightpath is not responsible for any losses,claims,demands,suits or any liability whatsoever("losses").including without limitation (i)losses to or relating to Customer or a third party;(ii)losses for any personal injury or property damage or loss;or (iii)losses claimed to have been caused by(a)mistakes.omissions,interruptions,delays,errors or other defects in the provision of E911. or (b) installation, operation, failure to operate. maintenance. removal. presence, condition, location or use of any equipment and facilities furnishing the Service. Lightpath is also not responsible for any infringement or invasion of the right of privacy of any person or persons. caused or claimed to have been caused, directly or indirectly, by the installation. operation. failure to operate, maintenance,removal,presence,condition,'occasion or use of E911 service and the equipment associated therewith. or by any Services furnished by Lightpath includin_ but not limited to, the identification of the telephone number, address or name associated with the phone used by the party or parties accessing E911 service,and which arise out of the negligence or other wrongful acts of Lightpath.Customer.its users,agencies or municipalities,or the employees or agents of any of them. Customer will indemnifv, defend and hold Lightpath harmless from any and all claims, losses, damages, fines, penalties,costs and expenses(including,without limitation,attorney fees)by.or on behalf of,Customer or any third party relating to the absence.failure or outage of the Service,including access to E911,incorrectly routed E911 calls, and/or the inability of any user of the Service to be able to access E911 services or access emergency service personnel. To be signed with each Hosted Order Form Customer Cablevision Lightpath,Inc. Page 31 of 134 Page 139 of 298 Exhibit A2 Hosted Voice Service Off-Site Remote Phone and Softphone Acknowledgement('Fo be signed with each Hosted Order Form) Lightpath Hosted Voice IP phones and Customer provided softphones are capable of working over the Public Internet. However, for business critical applications, please be aware that Lightpath discourages the use of these phones and softphones at any location aside from the location(s) where the Lightpath Internet Voice Bundle(s)are located. Since Lightpath cannot control or trouble shoot the Public Internet, these calls will not have guaranteed Quality of Service(QoS)expected from a business telephony solution.Off-site phones may experience any of the following: • Static/garbled calls • Call clipping and echo • Dropped calls • One way audio • Cannot receive inbound calls • Failure of phones to register • Flashing keys Other issues that could contribute to a poor experience at an offsite location: • Condition of the LAN or wiring • Number of devices being used concurrently . • Quality of Internet connection • Available bandwidth or bandwidth contention • Other network devicesitrafftc • Firewall not configured for SIP traffic • LAN routers and switches blocking phone access to the Internet • Internet provider blocking SIP pathic In addition, if you move your phone, change your location, or use your soft phone at another location, you must update your CURRENT address via the CommPortal in order for your 911 emergency calls to reach the proper • emergency personnel.E91 l mobility is only supported in the US,Canada&Puerto Rico. By signing below,Customer acknowledges and understands the Hosted Voice product characteristics. (To be signed with each Hosted Order) Customer: Cablevision Lightpath,Inc. Page 32 of 134 Page 140 of 298 Hosted Voice Service—Exhibit B Statement of Work This Statement of Work("SOW")outlines the activities,responsibilities,and acceptance criteria to install,maintain and support Hosted Voice Service provided to Customer. Changes to this SOW and the subsequent Implementation Plan shall only be binding upon the parties when agreed to in writing by both parties and may result in an adjustment in charges for Service.The Customer's LAN/WAN network architecture design shall not change between the date of execution of this Agreement and the completion of the Hosted Voice Service installation contemplated hereunder, otherwise adjustment in charges for Service may be applied by Lightpath. Service Description: Hosted Voice Service is an IP telephony solution that bundles IP phones and IP-based premises equipment with connectivity to the public switched telephone network (PSTN) and Internet access over Lightpath's fiber Metro Ethernet facilities. Premise equipment("PE") includes all hardware and software supplied by Lightpath in the provision of Hosted Voice Service. In addition to PE and connectivity, Lightpath is also responsible for planning, designing, installing and maintaining Hosted Voice Service as further described in this SOW. Lightpath reserves the right to utilize the services of a subcontractor in the provisioning of Service. All PE supplied by Lightpath is and shall remain the property of Lightpath. Product Overview: The Hosted Voice Service delivered using voice class-of-service over an end-to-end fully fiber optic Ethernet network is a turn-key,managed communication service and system including: a. Internet/Voice Bundle: i. Package of Internet access and monthly voice calling minutes of use ("MOU") comprised of localltollllong distance calling minutes. b. Hosted Package: i. Package of IP phone sets with routers and power over Ethernet ("POE") devices sized and engineered to support Lightpath supplied IP telephones and softphones. ii. Management and maintenance of Hosted Voice Service includes: 1) LAN assessment,remediation,as applicable.and certification 2) station reviews 3) installation,turn up/test,training and monitoring 4) service,maintenance and support r I. Overall 1.1 Lightpath Responsibilities a. Assign a Lightpath Project Manager as Customer's single contact for all aspects of the engagement. b. Provide Customer with documentation on all site and facility requirements, including but not limited to environmental conditions per manufacturer's specifications,rack space,power,and cabling requirements for provision of Services. c. Compile all packaging material and debris in preparation for Customer removal. 1.2 Customer Responsibilities. As required for the installation, maintenance and support of Hosted Voice Service,Customer acknowledges that it shall be responsible to: a. Assign a Customer Project Manager as Lightpath's single contact for all aspects of the engagement and act as liaison with other Customer staff including but not limited to information technology,security and network operations. b. Identify primary and backup on-site contacts for Customer supported location.Customer contact shall be accountable for providing any special site access, clearance, escort, safety trainin— or required information. The Customer site contact shall interface with others within Customer organization as required. c. Schedule and inform users of all required communication including but not limited to scheduled downtime and Service outages. d. Provide required security clearances,escorts,special safety equipment to access the site(s). e. Provide physical access to Customer location including but not limited to equipment rooms, racks, cabinets and wiring closets. f. Provide adequate security and environmental conditions as per manufacturer's specifications on all PE at Customer site(s). g. Notify Lightpath of changes Customer is planning to their LAN/WAN network. h. Ensure site readiness. Resolving facility issues (i-e,-bad or incorrect cabling, not meeting cable plant, environmental or power specifications,lack of rack space,etc.). Page 33 of 134 Page 141 of 298 i. Order and verify availability of any required'telephone circuits if purchased through parties other than Lightpath. j. Provide all necessary information according to the Implementation Plan agreed to between Customer and Lightpath- k. Provide access to required specialists within Customer's organization. 1. Identify locations for PE and data connections. in. Provide a Letter of Agency and contact information for each vendor where Lightpath will act as the primary interface on behalf of Customer. n. Provide shipping addresses and contact names for each site. o. Provide an appropriate work environment and reasonable access, working space including heat, light, ventilation,electric current and outlets.and local telephone extension for the use of service personnel in the PE physical location. 2. LAN Assessment Lightpath will conduct an on-site,pass/fail assessment("LAN Assessment")to determine if Customer's Local Area Network ("LAN'), in its present configuration, could support Hosted Voice Service and support the expected volume of IP calls at quality levels defined by Lightpath. If Customer's LAN passes the LAN Assessment, Customer's LAN will be considered "Certified." If Customer's LAN fails the assessment, Lightpath will present Customer with a schedule and description of effort to remediate the LAN to support Hosted Voice Service ("LAN Remediation Plan"). (Note: LAN remediation by Lightpath not applicable when Customer provides own LAN switches.) Equipment required for the LAN Remediation Plan will be supplied by Lightpath to Customer at no cost to Customer subject to limitations set forth in this SOW. Customer shall notify Lightpath in writing of its acceptance/rejection of the LAN Remediation Plan within five(5)business days of delivery of the Plan. If Customer does not accept the LAN Remediation Plan in writing. Hosted Voice Service will be canceled with no liability to Customer. Lightpath cannot begin any work until the LAN Remediation Plan is accepted. The provision of all Services under this Agreement is contingent upon Customer's written acceptance of the LAN Remediation Plan, After Lightpath implements the LAN Remediation Plan and the LAN is re-assessed and Certified by Lightpath. Lightpath reserves the right to assess the LAN at any point to ensure compliance with certification standards. If the assessment fails prior to the Start of Service Date. Lightpath reserves the right to terminate this Agreement and cancellation of Service charges apply. If Customer chooses to remediate the LAN themselves or through the use of a third party, Lightpath will require that after remediation, the LAN be recertified by Lightpath before proceeding with the remainder of the Implementation Plan for Service. After the Start of Service Date, if Customer, or representative of Customer; makes changes to Customer LAN that bring the LAN out of compliance with Lightpath's LAN certification standards. the Service Level Agreement no longer applies and Lightpath reserves the right to terminate this Agreement and early termination charges apply. y 2.1 Lightpath Responsibilities a.~ Provide Customer with a LAN Assessment document that will rate the capacity("pass/fail")of the LAN network to support IP or solipltone according to the ITU Recommendation G.107 ("E-Model") and outlines the test findings regarding call performance and IPT quality. The report will also include the Quality of Service Qitter,delay,and packet loss)("QoS") measurement results of the expected IP traffic to be supported by the LAN network. b. Load software agents on the PCs identified above at the primary Customer location, and supervise Customer as they install software agents on PCs at remote sites for the LAN Assessment. c. Work with Customer to define the amount of expected IP traffic to be supported in the network. d. Generate IP traffic according to Customer's requirements. Conduct testing between identified Customer facilities to determine existing network capabilities and performance. e. Provide the following documents to Customer: i. Completed LAN Assessment ii. Customer LAN diagram f If the LAN Assessment passes and is Certified,provide the following documents to Customer: i. Completed LAN Certification form ii. Implementation Plan for Hosted Voice Service . g. if the LAN Assessment fails and the LAN is NOT certified. provide the'following documents to Customer: i. Completed LAN Certification form outlining reasons for certification failure ii. LAN Remediation Plan(schedule,equipment lists,etc.).as applicable. Page 34 of 134 Page 142 of 298 2.2 Customer Responsibilities a. Ensure PCs have a valid, routable IP address in segments of the network that will transport IPT traffic. These PCs should be installed in the segments (VLANs) of the LAN network that will transport IP traffic. b. Provide an available LAN switch port to which a Lightpath-provided computer will be connected to the network and will collect call quality and QoS performance statistics. c. Work with Lightpath to define the amount of expected IP traffic to be supported in the network. d. Install software agents on PCs identified above at remote Customer location(s) under Lightpath's supervision if required. e. Provide range of static and/or dynamic IP-addresses.. f Provide information relative to available interfaces. dial plan and user directories, cable distances and routes between the PE and existing Customer telecom equipment. g. If requested, provide premises building layout for applicable locations(current floor plans, cabling and power locations). h. In cases where Lightpath will remediate the LAN,written acceptance of the LAN Remediation Plan. i. If Customer optsnotto have the LAN remediated, Customer has the option to cancel Hosted Voice Service subject to the cancellation rights set forth in this Agreement. 3. LAN Remediation(Note: LAN remediation by Lightpath not applicable when Customer provides own LAN switches.) 3.1 Li_htpath_Re_sponsibilities.In cases where Lightpath will remediate Customer LAN,Lightpath is responsible to: a. Order the equipment needed for remediation from a list of Lightpath approved devices. b. Deliver the equipment to Customer site. c. Dispatch a team with the required expertise to remediate the LAN. d. Notify Customer of equipment delivery. e. Remediate the LAN according to LAN Remediation Plan accepted by Customer. 3.2 Customer Responsibilities.In cases where Customer will remediate the LAN,Customer is responsible to: a. Receive equipment needed for remediation and store in a secure on-site location. b. Provide network security privileges to Lightpath,as needed. c. Make any changes required to remediate the LAN to Lightpath certification standards. d. Notify Lightpath of their completed remediation activities within ten(10)business days. 4. LAN Certification 4.1 Lightpath Responsibilities a. Once the LAN remediation is complete, as applicable, Lightpath will turn up, test and certify the LAN according to the Lightpath LAN Certification Guidelines. b. Upon certification,Lightpath will provide the following documentation to Customer: i. Customer remediated LAN diagram,as applicable ii. Completed LAN Certification form iii. Implementation Plan for Hosted Voice Service 4,2 Customer Responsibilities a. Written approval of the LAN Certification form. b. Written approval of the Implementation Plan. 5. Station Reviews 5.1 Lightpath Responsibilities.Upon written Customer approval of the I-AN Certification forin and the Implementation Plan,Lightpath shall: a. Work with Customer to schedule station reviews at Customer location(s). b. Complete the station reviews using the Lightpath Station Review Guidelines to document: i. Customer's current phone settings (shared line appearances, hunt group relationships, speed "dial numbers,etc.). ii. Desired changes to those settings. iii. Current business processes for inbound call handling (by user station, by reception, by auto attendant, by administrative assistants, etc.) and outbound call management (dialing prefix, dialing plans by extension.etc.). y c. Consult with Customer to develop recommendations for which model (executive phones, standard phones,common area phones, IP conference room phones and attendant sidecars)of Lightpath approved IP phones will be deployed at which station location. Page 3s of 13.1 Page 143 of 298 d. Upon conclusion of the station reviews,provide the following to Customer: i. Completed Station Review forms ii. Recommended IP phone assignments iii. Recommendations for number and model of spare IP phones iv. Any Customer requested deviations from the IP phones provided with Hosted Voice Service v. Updated Implementation Plan for Hosted Voice Service work with Customer to schedule station reviews at Customer location(s). 5.2 Customer Responsibilities. Customer shall provide written approval of the following documentation within five(5)business days of receipt. a. Completed Station Review forms b. Recommended IP phone assignments c. Recommendations for number and model of spare IP phones d. Any Customer requested deviations from the IP phones provided with Hosted Voice Service e. Any update to the Implementation Plan for Hosted Voice Service 6. Installation,Turn Un/Test and Monitor Installation services consist of site preparation,implementation and configuration of PE at Customer premises. 6.1 Ligmtpath Responsibilities a. Deliver handsets to Customer location at least one (1) business day prior to the Hosted Voice Service installation date and present proof of delivery form to Customer. b. . Review Customer premises to detennine site readiness prior to implementation and delivery. Provide facility issues to Customer for resolution. c. Recertify Customer LAN to ensure that it is operating within LAN Certification Guidelines. If Customer LAN is recertified, proceed with the installation. If Customer LAN is not recertified, determine the reason for failure. If the failure can be remediated within the LAN Assessment criteria, Lightpath will remediate and recertify. If the failure cannot be remediated within the LAN Assessment criteria; Lightpath will inform the Customer Project Manager of the issue and will review necessary steps to bring into compliance. d. Install IP phones of the model specified in the Station Review documentation at appropriate locations. e, Power up each phone and ensure that the proper configuration is loaded onto the phone from the Lightpath Hosted Voice feature server and meets all aspects contained in the Station Review documentation including shared line appearances,speed dials, hunt group membership, dial plan,group pickup and directed pickup. Test registration; connectivity and ability to make and receive calls. Test each phone for the ability to make external(PSTN or IP)calls and internal(extension to extension)calls, and receive an inbound call(if porting has been completed).Report phone test failures due to cabling for Customer resolution. f Provide Customer with any phones not installed but part of the Service package to be securely stored. g. Configure Customer's auto attendant as specified in the Station Review documentation. h. Certify that the system conforms to the business process specified in the Station Review documentation including receptionist business functions,group pickup,directed pickup,auto attendant flows and scripts, and directory routing. i. Certify that incoming calls are handled according to specification for DID calls and calls routed through the auto attendant. j; Certify that calls meet QoS specifications as outlined in the Lightpath LAN Certification Guidelines. k. Certify that LAN traffic is within specification as outlined in the Lightpath LAN Certification Guidelines. 1. Certify that Customer computers that are connected to €P phones have access to LAN functions. m. Remain at Customer location(s)for a minimum of tour(4)hours atter the testing has completed. n. At the conclusion of the four(4) hour period; provide the Customer Project Manager with a Customer Sign Off form. o. If the installation occurs after hours or on weekends, provide Lightpath support on the first normal business day following installation to monitor system operations, respond to Customer requests for assistance and determine if any configuration or system changes are necessary to bring the system or Service within specification guidelines. p. Provide training on the Hosted Voice Administrative Portal to an individual designated by Customer. q. Provide user guides to Customer. Page 36 or 134 Page 144 of 298 6.2 Customer Responsibilities a. Provide a complete and accurate Customer Service Record("CSR"). b, Provide assistance to Lightpath in engaging with Customer's incumbent service provider to port Customer's numbers(LNP). c. Arrange for physical and network access. d. Ensure that appropriate Customer personnel will be present for Service installation. e. Provide an on-site staging room per site readiness requirements. Provide a telephone line for'use by the installation team. f. Provide an IT network,and/or cabling technician to be available during installation and testing. g. Sign proof of delivery form at the time of PE delivery. h. Acknowledge accuracy and validity of phone programming and their destination based on the Station Review document. i. Provide secure storage area for all spare IP phone(s)provided. j. Review and accept Service. Sign Customer sign-off form to formally agree that Service is functioning as expected. k. Identification and scheduling of a Hosted Voice Administrator who will receive training from Lightpath on the Hosted Voice Administrative Portal. Once trained, the Hosted Voice Administrator will be responsible for conducting the administrative functions through the Hosted Voice Administrative Portal. 1. Train end users with Lightpath provided User Guides. 7. Maintenance and Support Lightpath will maintain and support all PE used for LAN remediation,as applicable. IP phones and any call quality or LAN issues related to the PE. 7.1 Trouble Reporting and Management a. Lightpath is responsible to: i. Assist Customer by telephone, facsimile,or electronic mail (for information related to product use, configuration and troubleshooting).24 hours per day,7 days per week. ii. Track incidents and interruptions from inception to resolution. iii. Provide an online portal for Customer to submit and review trouble tickets. iv. If Lightpath determines that the reported problem is related to Customer's LAN (except as noted above), report this conclusion to Customer and advise Customer to engage internal or external IT resources to resolve the issues. b. Customer is responsible to: i. Open a trouble ticket with Lightpath's Network Management Center by calling 866-611-3434 or via Customer Care online at www.GoLightpath.com to report any Service incidents. 7.2 Service Responsibilities a. Lightpath is responsible to: i. Implement a maintenance release to resolve a reported software problem or generate alternative 'solutions using reasonable commercial efforts if a maintenance release is not available. ii. Arrange all remedial support shipments to Customer via express transportation.Request for alternate carriers will be at Customer's expense. iii. Provide instructions to Customer on PE return procedures. iv. Repair or replace any Lightpath installed LAN equipment. v. Replace Customer's spare IP,phone used to resolve the support issue within twenty-four(24)hours of receipt of the defective phone. b. Customer shall: i. Agree to use the latest release of software if required to correct a reported software problem. ii. Return to Lightpath all defective PL- as directed by Lightpath. Customer will be responsible for shipping and handling. iii. Replace defective handset with spare handset located at Customer site. 8. Out of Scope The following are not included under this Agreement: a. Remediation or maintenance of Customer in house structured wiring and cabling (i.e. brackets; CAT5 wiring,risers and fiber). Page 37-of 134 Page 145 of 298 b. LAN Remediation when Customer provides own LAA!switches. c. Support of Customer's LAN; desktop or laptop computers, peripheral devices; or software applications except for issues with these devices or Customer's LAN caused by Liahtpath installed and supported PE. d. Customization of PE software. e. Electrical or site work external to the PE. f. Any upgrades on Customer hardware required to run new or updated Li�htpath installed software. g. Any expenses incurred to visit Customer's location,except as required during escalation of problems by Lightpath. It. Major,minor,and maintenance releases of software applications and operating systems. i. Installation of Service that requires special equipment(e.g., hoists, harness, ladders in excess of 8 feet, etc.),to perform such installation. j. Installation,support and maintenance of Service at domestic residences. k. Installation, support and maintenance of Service at a site where Customer is unavailable to receive the PE. I. Installation, support and maintenance requested outside standard business day hours (,Monday-Friday 8:00am- 5:00pm arc subject to additional charges. Page 3H of 134 Page 146 of 298 SCHEDULE D Service Level Agreement (SLA) This Service Level Agreement('SLA")covers the local transport area to the Lightpath Demarcation Point including Lightpath equipment associated with the endpoints such as POE devices, routers and IP phones. The provisions described below shall be Customer's sole and exclusive remedy in the event of Interruption. MEAN TIME TO REPAIR Lightpath's objective is a four(4)hour mean-time-to-repair("NITTR") SERVICE LEVEL GUARANTEE Interruption/Outage("Interruption',): Defined as outlined below in the attached table. Service Level Guarantee: If Customer detects an Interruption, Customer shall open a trouble ticket with Lightpath's Network Management Center by calling 866-611-3434 or via -Customer Care online at www.GoLightpath.com,An Interruption period begins when Customer reports a circuit/service failure,opens a valid trouble ticket and releases it for testing and repair. The controlling record for the purpose of determining the duration of the Interruption and calculating credits shall be the date/time stamp on the trouble reporting ticket as generated by Lightpath's trouble reporting system.An Interruption period ends when the circuit/service is operative. a. If Customer reports a circuit/service to be inoperative but declines to release it for testing and repair, it is considered to be impaired,but not Interrupted. b. If a Lightpath technician is dispatched for a reported failure and it is determined that such failure is not within Lightpath's control, Customer will be subject to a truck roll fee for any subsequent dispatch/truck roll(s)requested. c. Customer may request a credit, in writing,and reference the date of the ticket. Requests for credit must be submitted to Customer Care at care@GoLightpath.com or 866-611-3434. d. For calculating credit allowances,every month is considered to have thirty(30)days. e. A credit allowance is applied on a pro rata basis against the Monthly Recurring Charges for the affected circuitfservice and is dependent upon the length of the Interruption. Lightpath shall credit Customer's Monthly Recurring Charges for the circuit/service experiencing the Interruption as outlined in the below table Chronic Interruption: Defined as three(3)separate Interruptions of two(2) hours or more on the same facility, within a consecutive thirty(30)day period and/or an Interruption that lasts longer than forty-eight(48)hours.In the event Customer experiences Chronic Interruptions in Service,Lightpath will perform a detailed investigation,report the findings to Customer and, if necessary. institute a corrective plan. If Customer experiences any additional Interruptions on the circuit and a plan for corrective action has been implemented for thirty(30) days, Customer may terminate the affected circuit/service without any further liability upon thirty(30)days prior written notice. Limitations: Total credits in a given month shall not exceed one hundred percent(100%)of the Monthly Recurring Charges for the affected circuit/service in that,nonth. No credit allowance will be made for: a. interruptions caused by the negligence of Customer or third parties outside of Lightpath's control. b. Interruptions due to the failure of power, equipment: systems or connections not provided by Lightpath under this MSA. c. Interruptions during any period when Customer has released the circuit for maintenance or rearrangement purposes or for the implementation of a Customer order. d. Interruptions which continue because of Customer's failure to authorize replacement of any element of the Service. e. Interruptions due to Force Majeure Events or Excused Outage. f. No trouble found or where the fault of the trouble is undetermined. Page 39 of 134 Page 147 of 298 \lean Senlce Product Prl Deily E'rioritY'rype Poll. of Respm sc 'rime to Sce Service 1e 0 Requirements ort TY1x1'vl,e T,. Pnra meters Den,urt,ntiun ']'E ore Fre pair Hof Irscide ors Service Ctrdlt%of,\IRC E'ra+iuus Pv�e...Goenmenls. The point at the Penahics will be paid on impacted circuits eustome�s prcmiscs Litd,tpath can only Hmween 3 m 5 hours:20%: only. Penalties—no,exceed 100%of the L•-Lines:V I Iitdt where Liwpa[1i s cxcnd ih is sen'ice Fictween>and 7 hours:30%; M NC in a gi,'en month, Li.3npalh will 5%or 1peater Between 7—it 9 hours:4096; pm%ct ively update customer. Calculations llara Lines; P""Y equipment is 1 Hour 4 Hours Icrel 1 lime in a Inmrnet Call network failure cnnnec[e',to hr we calcnJor lictwccn 9 and I 1 hours:50redi Ls will scan I}om the point in time ustmonth. More than I 1 hours:100;'6. For cuslnmor opens a trouble ticket x ith equipment the affected Circuit. Li&,tp:nh.or Uldupath becomes aware of problem via their own surviNance. The point at the Penalties will be paid on impacted circuits Inability for 19'6 Between 4 to 6 h.-:[096; only, Penalties cannot exceed 100%of the usmmers premises Lig}ttpath can only wen mon &ttp re of the E3e[x•een 6 and 8 15% MRC in a th. Li mh+vitt E-Lincs;V un', r mo where Li jupad"s exceed this s.;' Priority data circuns to 13rtween 3 and l0 hours:20%: proactively updme costumer. Calcutat iom Pate Lincs: equipment is 3 Hours 6 Hours level rcyurrement 3 Internet Cull receive or send connrc["I io[he inn E3ct wren 10 and 12 hours; credits will strut from the point in time traffic ata es rn a paves bl one[ban 12 hours:100%. For customer opens [rn,r cast Darer', calendar momh_ or atrouble coo with location, a mem. the affected Cirevit. Liwpmh.or F.i�,tpath becomes aware of quip p roblrm via their own sun'illance. The ' tat the Penalties will be paid oa impacted circuits Indieiduat Pnm Benvren a to 6 hours:8%; on N. I'enahirs cannot..weed 1009'6 nFthc ustomei's p remises Lioup nth can only given mon F�+pa malfunctions Benvicen 6 and S hours:12%: bt NC inn [h. I_i t [h will E-Lines;v where Liglupa[h's excerd this service Naminc which do no[ i3e[ween 9 and 10 hours:15%: p rouctively update customer.Calculations D.C. Lines: equipment rs 3 Hours 24 Hours level rcyuiremen[ Call affect major c s Penmen 10 and 12 hours:20%: credits will start from the palm in time Internet ecreJ to the umo in •n portions of the c air` Mom than ll hours:50"4.For usion,cr opensatrouh]e ticket with network. customer's calendar month. the affected Circuit. I.i jnp.lb.or Lithtpolh becomes ax•am of equip met,, p roblcn,via their own survillance. The tat dte Pena4ic5 will be paid on impacted circuits poin 1 Be' e.3 to 5 hours:20"6; mtEy. Penalties cannot[.weed 100%of the istomer's premises Liihtpmh can only Bene cert 5 anJ 7 hours:30%: hl RC in a�cen month. Lightpsh will Flitd, 1094 or mom cwhrre Litdnp atkrs exceed the ser,ice Detw•ee,,7 and 9 hours:40%: p roacn,ely update customer.Calcutationt Data TDKI Priority sysmmmcrwork equipment is I Hoots 4 Hours level times in a Dcnvccn 9 and I I hours:50%; cretins will stun from thet in time Call failure connected m the gjvc,calenefar poin nslon,er.s nnllt, lunare than 11 hours:100%.For costumer opensatmuhlc•ticket+rich the aff[ed Cimuit- LifMI-th,Or Lip3ttpalh becomes aware of cqutp mitt' problem via their own sun illance. The point at ehe Pcnubivs will be paid on impacted circuits Inability for Between 4 w 6 hours:10%: only. Penahies cannot[.weed 100%of the ersstomer's p remises Liorpath can only 2096 or irtore of Between 6 and 8 hours:15%; ht NC in a w•en month, Li13stpmh will w hem Lio,patlis nxcccd this sen'icc Priority the darn circwts Bciwcen S and l0 hours:209'x: proactively update customer. Calculation! 1).'a TDM equipmem is 3 1-lours 6 Flours lercl require—n,5 Call [o receive or Hct,rccn 10 and 12 hours:25%: credits will sutrt from the point in lime ectecl,[c the times in u ttive Cnd traffic a[a c r, More than 12 hours;100946.For costo finer opens a lrOub[r ticket w'ilh s calendar momh, 6-en localion. customer's the affected Circuit, Liwpath.or Lilfitpath becomes aware of equipment. problem via their own survinance. ...,. .t,s ..., Mean Ser,ice Product Priority Priorit,'1\pe Point of Response 'I ime to See Service Islet Reyuiremenls on Type •i'ypc. •I'vpe Parameters Demarcation Time Repair q of Incidents Ser,ice Credit%of MRC Pre,imts Paye...Comments. The point w the Penalties will be paid on impacted circuits lndieidual Between a to 6 hours:8%: only, Penalties cannot exceed 100%ofthc malfunctions customers prcnnises Liontpnth can only Between 6 and 3 hours:12%: M RC in a given month. Ligitpath will where LipBupath's exceed this service • Routine which do not Between Sand 10 hours:15%; proaenively update customer.Calculation Data 'I'D6[ equip nenl is . 9 Hours 24 Hours level regmrcmrdl 5 Call affect major connected to the Ilines in a wort Hcnvren 10 and 12 hauls:20%; credits will start from the point in tithe portions of the til am than 12 hours:50%.For customer opens a trouble ticket with eusinm,ni calendar month. network. theaffected Circuit. 1_igkupnt h,or Liglupath becomes avian:of eywp nsn. problem via their own survillance. Penalnies will be paid on impacted circuits The point m t he Best Bciween 3 to 5 hoots:2094: only. Penalties cannot exceed€00%of the •Customers Premises Effort Between 5 and 7 hours:30%: M RC in a riven month. Ligitpath will High where Lifd,tpmh's Voice Ccntrcx Priori[ 590 or k�ea[cr Based on Between 7 and 9 hours:40%: proactively update customer. Calculations y equipment is I Flours NM Call nenvork failure connected to t he fans Between 9 and I 1 hours:50%; credits w ill start from the point in time custodteos l t3,'ailabili More than 11 hours:100%.For customer opens a trouble ticket with equip stent. ty the affected Circuit Lightpath,or Li&hupith becomes aware of problem via[heirown sun'illance. The print at the Penallies will be paid on impacted circuits Inability for t94 Hest Between 4 to 6 hours:10%: only. Penalties cannot exceed 100%of il,e customer's P"""s more of the ElTart- ❑ctween 6 and 3 hours:]595; MRC in❑given month. LiLdnpath will where Lioupatlis E'riorily dalacircuiis to Based an 13etween3and l0 hours: proactively updalecustomer.Calculation \'Dice Cent— equip meal is 3 Hours WA C%II receive or send Pans Henceen 10 and 12 hours:25%: credits will star from the pain[in tittle traffic at a Is connected to the A,ailahili hl orc Ihan 12 hours:100%.For customer opens a trouble ticket with customer's location. ty the affected Circuit. Li fdnpat h,or LigB,Ipalh becmrms aware:of quip sten 1. problem via[heir own survillmtce. Families will be paid on impacted circuits Individual The point at thelnises Best Bctx'een 4 to 6 hours:396; only. I'cnalties cannot exceed 100"0 of the malfunctions [%,[eters prewhere l,itJttp:%li s Won- Between 6 and 3 hours:12%: \t RC in a wen month, Liotpalh will Voice Ccnimx Routine which do not Based on Between 8 and 10 hours:1596; proactively update Customer. CalCulatiorL Ball anted major equipment is 8 Hours Paas Nf`1 IJetw'ern 10 and 12 hours:2096: crtdits,will star front the point in t inn portions of the connec[eJ to rhe Availabili More than 12 hours:50%.For custo neropens a trouble ticket with network. customm's y the affected Circuit. LiLJupad%or Liotpaomre th bies awaof equipment Page 40 f1�9 problen,via their own survillance, Page 148 of 298 A,F .Mean Senice Product Priority Priority't'ype Point of Response Time to See Senice 1-1 Requirements on Type T,1. Type Parameters Demarcation Tim Repai r #of Incidents Senice Credit%of 31RC Pre,ious Page...Comments. The point at the Penalties will be paid on impacted cimuits customers prenusrs Li�ttp;uh Co.,only Between 3 to 5 hours:2095: only. Penalties c:mnot exceed 10W of the SIP Hi6lt where Llphlplllh's emeed this service Between 5 and 7 hours:30%: MRC in a pryvan ttwnth. Li�upath will 5%or Weater Between 7 and 9 hoots:4095: proactively update customer. Calculations Voice Tracks: Priottity' equipmem is I Hours 4 Flours level I time in a P1t1s Call artwork fai]urc canneclrJ m the Between 9 and 11 hours:509'0: credits will start from the point in time "tt o�tlemix More than 11 hours:100%.Por c-jonieropens a trouble ticket with customer's month. IIx affected Circuit. LiyJapalh•nr Litiltpalh becomes aware of quip me It problem via their ow•n survillanee. The tat the Penalties will be paid on impacted cimuils ]nabiliry�for I% point Between4to 6 hours:109b: Drily. Penalties cannot escetti]004'a of the customer's premises Lithtpoth can only or more o([he Between SII' here Lijrtpmki s e.,ceed this en• e rs 6 and 8 hou :15%; M RC in a given month. L L3,ipath will. siBetween 8 and 10 hoots:2090: proactively update customer Calculations Voice YmE'ricrily dalaeircuits to wnks: eequipment s 3 Hoots 6 Hours level rcquirememc3 Call recen•e or send connected to the titrks in a Ewen Between 10 and 12 hours:25°Ja; credits will start(mm the point in time I'RIs Ira1Tc al a pc Marc than 12 hours:10045.For customer opens a trouble ticket with location. customer's calendar month. the affected Circuit. Litddpatiu or Litdctpath hecorn s awarcof egmpmenl. problem vio their own sun•iliance. The point at the Penalties will be paid on imp—ed circuits Individual � on]q. Penalties cannot ecrced 100°!0 of the customer's premises Lioupmh can only Between 4 to 6 hours:3°O/a: malfunctions MRC in a wen month. Lit�ttpath will S[P Routine which do not —it Litkttpath's this service Between 6 and 3 hours:I24o;Voice 'franks; equipment is 3 flours 24 Hours level rcquiremem 5 Between 8 and 10 hours:I391o: proactively updmecustotrter.Calculations Call affect tnafthe creJits will start from the point in time portions PRIs connected to thethes tiin a tweeand hours:Between]0 12 hou :2of tcuslonur opens a imuble ticket with customers calendannonth. More than I'_hours'50%. network. equipment. 1_it3vpat It.or Lignpmm h becomes aware of problem vin their awn sun•i0ance. Page 41 of 134 Page 149 of 298 SCHEDULE E PRICING Pricing Overview Lightpath offers the County and the Interested Participants a revised pricing schedule to all County offices and Interested Participants currently off Term under this Agreement. All Westchester County locations covered by this agreement will benefit from the revised pricing April 1, 2016. Interested Participants that have satisfied their initial service tern will be offered the opportunity to renew their agreements on a new 5 year tern to realize this benefit. Interested Participants under a current term agreement will have the option to renew service as described in Section 12.15 of Schedule "AA", on a new 5 year term, upon satisfaction of their initial service term, and upon the Interested Participant signing a renewal order form under its own agreement with Lightpath, in order to take advantage of the revised rates. This offer allows the County to enjoy additional savings under the new agreement and will begin a new era in which Lightpath will provide enhanced services to the County and its Interested Participants. Pricing is for on-net - LIT Services only. New Builds beyond the fifteen (15) to be provided at no cost (as specified in Schedule "A" and Section 2.4.5 of Schedule "AA") and Type 11 Services are provided and offered on an (ICB) Individual Case Basis. In addition to the substantial savings, a volume discount is provided for future services if the County meets or exceeds predetermined revenue thresholds. Lightpath will extend these volume discounts to all Interested Participants. The tenn of the new agreement will be 5 years with the option to renew for two additional 5 year periods,as specified in Section I of the Cover Agreement. VOlUme Discount Threshold: The County and all Interested Participants will be eligible to receive a Volume Discount as outlined below with total net spend beginning at $800,000. Note that effective with the new rates under this Agreement the County is currently not at the minimum discount threshold. Volume Discount Thresholds Monthly Threshold Annual Spend Monthly Volume Discount Less than$799,999 Less than$9.6 Million* 0% S9.6 Million- Less than$10.8 $800,000- Less than$900,000 4% Million* $900,001 - Less than$1,000,000 510.8 Million- Less than 512 6% Million* $1,000,001 - Less than 51,100,000 $12 Million - Less than $13.28% Million* $1,100,001 or More $13.2 Million or More* 10% *Annuals end based on re-discount annual billing,less taxes and NRC's Page 42 of 134 Page 150 of 298 Centrex Voice Pricing Monthly Monthly Monthly Recurring Recurring Recurring Charge Charge 2019 Charge 2020 Product 2016-2018 50%Increase 80%Increase Centrex Rates are for existing Centrex Services as of the Effective Date. New Centrex Services may not be ordered after the Effective Date,except to the extent provided in Schedule A above. Centrex Service will not be provided after December 31, 2020) Centrex Analog Line(includes PVC& EUCL) $5.81 $8.72 $15.70 Centrex Digital Line(includes PVC& EUCL) $929 $13.94 $25.08 Virtual Centrex Line $5.00 $7.50 $13.50 Voice Mailbox $2.00 $2.00 $2.00 ISDN BRI Includes PVC&EUCL) $12.78 519.17 $34.51 Information Mailbox $0.00 $0.00 $0.00 Digital DS-1 Switched Access Lightlinks DOD Switched T1.5(includes PVC& EUCL) $188.82 $283.23 $509.81 All Pricing applies to LIT Buildings only: New Builds require minimum Tenn and revenue spend. International rates: -Table on Pa2c 57 Centrex Phone_ Sets Monthly Monthly Monthly Monthly Monthly Monthly Lease Lease Lease Maintenance Maintenance Maintenance Description 2016-2018 2019 2020 2016-2018 2019 2020 ISDN 20 Line $4.55 $6.83 $12.29 $0.84 $126 $2.27 Telephone ISDN 30 Line $3.15 54.73 58.51 $1.05 $1.58 $2.84 Expansion Module Price applies to LIT Buildings only: New Builds require minimum Term and revenue spend Page 43 of 134 Page 151 of 298 Centrex Feature—Charges as applicable Monthly Monthly Monthly Recurring Charge Recurring Charge Recurring Charge Features/Services 2016-2018 2019 2020 Call Processing(Automated $8.30 512.45 522.41 Attendant Conference 6-Way: 5 bridges: 50.00 $0.00 50.00 Each additional bridge: $41.50 $62.25 5112.05 PRI,SIP and TDM Lightpath will provide SIP Trunks or PRI's to the County for the purpose of aggregating traffic currently on Centrex. Pricing per SIP path and PRI is listed below. The County will be charged a rate of 50.011/minute for usage over these lines/trunks. Usage = Local, Regional, LD- Continental US, Voice SIP, PRI, TDM Pricing Product Monthly gecu rring Charge SIP Call Path(Per Path) S2.50 ISDN PRI $115.00 (Non Bundle)Usage-Local,Regional, LD- Continental US Per Minute 6 second Rounding $0.011 International rates—Table on Paae 57 All Pricing-applies to LIT Buildings only: New Builds require minimum Term and revenues end Lightlinks DID Switched T1.5 (Incl PVC& S232.40 EUCL) DID Number-20 Block S 1.16 DID Number- 100 Block S5.81 PT to PT T-1.5's 5232.40 Business Line 55.81 Pt to Pt T-1.5's for Tielines $500.00(ICB Rate—Volume discount does not apply) Usage Rates for Domestic Paige 44 of 134 Page 152 of 298 Local, Regional, Domestic LD - Per Minute Rate S0.011 (6 Second/6 Second Rounding) Inbound Toll Free 50.0493 Managed Teleconferencing Audio Per call Set Up Charge $15.00 Per Minute Per Participant 50.50 Directory Assistance: Local LATA(per call): 50.25 Domestic US Outside LATA 132-per call)): 50.44 On-Net calls between the County and Interested Participants within Westchester No Charge County Page 45 of 134 Page 153 of 298 Metro Ethernet Internet Voice Bundle (IVB) Pricing Product Monthly Recurring Charge Speed/Minutes of Use 5Mbps/IOK MOU 5750 IOMbps/1 OK MOU $825 IOMbps/15K MOU $900 1OMbps/50K MOU 51,000 I OMbps/100K MOU S1,850 15Mbps/25K MOU 51,225 15Mbps/35K MOU S1.325 20Mbps/IOK MOU S1,000 20Mbps/25K MOU 51,300 20Mbps/50K MOU S1.550 20Mbps/IOOK MOU 51,750 5OMbps/IOK MOU 51,125 5OMbps/25K MOU $1,300 50Mbps/50K MOU 51,950 5OMbps/IOOK MOU $2,250 50Mbps/250K MOU $2,975 100MbpsAOK MOU $1,500 100Mbps/25K MOU S1,675 10OMbps/50K MOU S1,875 IOOMbps/I OOK MOU S2,425 10OMbps/250K MOU S4,000 100Mbps/500K MOU 55,250 150Mbps/50K MOU $2.350 150Mbps/IOOK MOU 51750 150Mbps/250K MOU 53,725 150Mbps/500K MOU $5,700 30OMbps/50K MOU S3,450 30OMbps/l OOK MOU S3,650 30OMbps/250K MOU 54,400 30OMbps/500K MOU S6,400 IDOOMbps/LOOK MOU 55,200 100OMbps/250K MOU 56,850 Managed Router 5100 MOU=Minutes of Use. Bandwidth utilized for MOU will be deducted from total Internet BW Usage includes Domestic LD,Local,Regional Overa.ge calculated at 5.025 per minute Int'l,DA/DL Op Svc.etc.not included. Price applies to LIT Buildings only: New Builds require minimum Term and revenues end Page 46 of 134 Page 154 of 298 Enterprise Voice Services SIP Trunk: # of MOU-Package Monthly Recurring Charge Max#of PRI's Concurrent Calls 25K $500 4 30 50K $700 8 50 75K $1,050 8 60 TOOK $1,190 16 75 150K $1,680 16 75 250K $2,625 24 100 500K $4.900 24 150 750K $7,088 24 250 1 M $9,100 24 300 1.5M 513,800 24 400 Usage includes Domestic LD, Local,and Regional. Overage calculated at 5.025 per minute Int'l, DA/DL Op Svc charges,etc...Not included. Price applies to LIT Buildings only: New Builds require minimum Tenn and revenues end Metro Ethernet Toll Free Bundle Pricing Domestic Minutes of Use Monthly Recurring Charge Included Toll Free#'s 5.000 $200.00 t 10,000 $400.00 up to 2 20,000 $800.00 up to 2 50,000 $2,000.00 up to 4 100,000 $4,000.00 up to 4 200,000 $8,000.00 up to 4 Additional Toll Free #'s $5.00 Notes: Metro Ethernet Services areType1 (On-Net)Only New Builds Require passing of Lightpath Business Case *Toll free bundle option must be purchased in conjunction with an Internet Voice Bundle Package. Bundled Toll............__� - - ------ free minutes include calls from the 48 contigous states,and are measured in 6 sec. Initial/and 6 sec. Additional intervals. There is no overage allowance. Toll free bundle is not available on 5 ivtbps/ 10 K IVB Bundle or on bundles with 500,000 MOU's or greater. ___ Minutes of use over that exceed the threshold will be billed at.055 per minute. Alaska,Hawaii,Puerto Rico$.06 per minute, Canada$.10 per minute. Advanced Routing Features are additional. Page 47 of 134 Page 155 of 298 Dedicated Internet Access via Metro Ethernet Pricing Internet Via Metro Ethernet: Speed, Monthly Recurring Charge 5Mbps $460 l OMbps $460 20Mbps $460 50Mbps $500 I 00Mbps 5590 15OMbps 5860 30OMbps $1.450. 40OMbps $1.675 50OMbps S 1 MO. 60OMbps $2,100. 1000Mbps $2.300. Managed Router 5100 Price applies to LIT Buildings only: New Builds require minimum Term and revenues end Dedicated Internet 1Gb - 10Gb (w/ Optional Burstable Feature Option Burstable Feature Product Monthly Recurring Charge Burst Overage Charge Ca acity, 1 Gbps $2,300.00 3Gbps $6/M B. 2Gbps $3,150.00 5Gbps $5N B 3Gbps $4,600.00 7Gbps S4/M B 5Gbps $5,760.00 lOGbps S3/MB 10 Gbps $7,500.00 N/A N/A Terms: Billing for Burstable Feature option is assessed using the industry. 95/5 %calculation rule. All pricing applies to LIT Buildings only: New Builds require minimum Term and revenue spend Pave 48 of 134 Page 156 of 298 Metro Ethernet Transport (Pt to Pt) Services Pricing Product Monthly Recurring Charge E-LINE 5Mbps $625 I OMbps $625 20Mbps $625 50Mbps S1,150 10OMbps 51,550 150Mbps 51,850 30OMbps 52.500 1000Mbps 53,000 V-LINE 5Mbps 5625 I OMbps $625 20Mbps $625 50Mbps S 1.150 1 OOMbps 51.550 150Mbps 51,850 30OMbps 52,500 1 OOOMbps $37000 ..E.-LAN l OMbps 5500 20Mbps 5600 50Mbps 5670 1 OOMbps $1,150 150Mbps $1,550 30OMbps $1,700 50OMbps S1.900 1000Mbps 52.300 Additional E-LAN at existing Location on separate 50%of MRC port Page 49 of 134 Page 157 of 298 Metro Ethernet Video Transport Service Pricing., Product Monthly Recurring Charge E-LINE 10 Mb s $1.500.00 20 Mb s $2,250.00 50 Mb s $2,500.00 100 Mb s $3.500.00 300 Mb s $6,250.00 Video Control Channel(VCQ $150.00 Notes:Metro Ethernet Services are Type I (LIT/On-Net)Only. New Builds Require Successful passing ofLightpath's Business Case zr n ` a ns 'o'rt Service '= Pt to Pt (Layer 1)`' 4 tical T ' Product Monthly Recurring Charge OTS I Gb s $1,800.00 10'Gb s $3,125.00 100 Gb s $12,000.00 Page 50 of 134 Page 158 of 298 Hosted Voice Service User Premium Package Pricing (Currently Polycom Phones) Hosted Voice- LAN CPE for QoS User Monthly One-Time Assessment& (PoE Router Station Package-Tier Recurring Installation Remediation firewall) Reviews 15 Users- Basic Package $739 S739 SO SO SO 30 Users- Basic Package $929 5929 $0 SO $0 50 Users- Basic Package $999 5999 SO SO SO 75 Users- Basic Package 51,409 517409 $0 $0 SO 100 Users- Basic Package $1,774 S1,774 $0 SO $0 125 Users- Basic Package $2.184 51184 $0 SO $0 150' Users- Basic Package $2,549 $2.549 $0 $0 $0 200 Users- Basic Package 53.279 53,279 SO SO $0 300 Users- Basic Package $4,829 $4.829 SO SO $0 301 +Users-Basic Package ICB ICB $0 $0 $0 15 Users- GioE Package 5939 $939 $0 $0 $0 30 Users- GigE Package $1,229 $1;229 $0 50 $0 50 Users- Gi-E Package $1,324 $1,324 $0 50 $0 75 Users- GigE Package 517597 $1,597 $0 SO $0 100 Users- GigE Package 52,024 $2,024 $0 $0 $0 125 Users- GigE Package 52.497 52.497 50 $0 $0 150 Users- GigE Package $2,924 $2,924 $0 50 SO 200 Users- GigE Package 53.779 53.779 $0 $0 $0 300 Users- GigE Package 55,549 55.549 $0 SO $0 301 + Users-GigE Package ICB ICB SO 50 $0 End User Training (beyond Train the Trainer) N/A 2.500 N/A N/A N/A All Pricing applies to LIT Buildings only: New Builds require minimum Tenn and revenue spend Additional IP Phones may be secured for customers at or near their station (User) limit, up to 10%of the User bundle size. Hosted Voice Package must be purchased in conjunction with, and be coterminous with a Page 51 of t34 Page 159 of 298 Lightpath Internet Voice Bundle(IVB)Service. Hosted Voice Service User Standard Package Pricin (Currently—Cisco Phones) CPE for Hosted Voice- Monthly. One-Time LAN QoS Station User Package- Recurring Installation Assessment&c (POE, Reviews Tier Remediation Router, firewall) 15 Users-Basic Package $539 $539 $0 SO SO 30 Users-Basic Package S629 $629 SO SO $0 50 Users-Basic Package $749 $749 $0 $0 $0 75 Users-' Basic Package $1,099 $1,099 $0 SO $0 100 Users- Basic Package S1,399 51,399 SO SO $0 125 Users-Basic Package $1,699 S 1,699 $0 $0 $0 150 Users-Basic Package $1,979 $1.979 $0 $0 $0 200 Users-Basic Package $2.499 52.499 $0 SO $0 300 Users-Basic Package $3,599 $3,599 $0 $0 SO 301 +Users-Basic Package ICB ICB $0 S0 $0 15 Users-GigE Package 5629 5629 SO $o $0 30 Users-GigE Package 5719 $719 SO $0 $0 50 Users-GigE Package $989 $989 $0 $0 $0 75 Users-GiQE Package $1,304 S1,304 $0 $o $0 100 Users-GigE Packa c. $1,574 $1,574 $0 $0 $0 125 Users-GigE Package $1,889 $1,889 $0 $0 $0 150 Users-GigE Package v 52,069 $2,069 $0 SO SO 200 Users-GigE Package $2,609 52,609 $0 SO $0 300 Users-GigE Package $3,779 $3,779 $0 $0 $0 Page 52 of 134 Page 160 of 298 111EC111AC1V1141 1\Q ICJ International Billing Increments 18 See/.6 Sees Price Per Min. Price Per Min. Lightpath Lightpath Country International Country International Rate Rate Afghanistan 1.16 Belize(Mobile) 0.50 Albania 0.40 Benin 0.50 Albania(Mobile) 0.40 Bennuda 0.20 Algeria i 0.40 Bermuda(Mobile) 0.19 Algeria(Mobile) 0.40 - Bhutan 0.75 American Samoa 0.45 Brazil 0,14 Andorra 0.35 Brazil(Behlo Horizonte) 0,14 Andorra(Mobile) 0.60 Brazil(Rio de Janeiro) 0.14 Angola 0.50 Brazil(Sao Paulo) 0.14 Angola(Mobile) 0.50 Brazil(Mobile) 0.33 Anguilla 0.40 British Virgin Islands 0.33 Anguilla(Mobile) 0.64 Brunei 0.30 Antarctica(Casey) 2.91 Brunei(Mobile) 0.30 Antarctica(Scott) 2.91 Bolivia 0.40 Antigua& Barbuda 0.50 Bolivia(Mobile) 0.40 Argentina 0.12 Bolivia La az 0.40 Argentina(Buenos Aires) 0.12 Bolivia Cochabamba 0.40 Argentina(Mendoza) 0.12 Bolivia Santa Cruz 0.40 Argentina(Cordoba) 0.12 Bosnia&Herzegovina 0.37 Argentina(Rosario) 0.12 Bosnia&Herze(Mobile A) 0.37 Argentina(Mobile) 0.44 Bosnia&Herze(Mobile B) 0.37 Armenia 0.45 Botswana 0.35 Armenia(Mobile) 0.45 Botswana(Mobile) 0.35 Armenia(N. Karabakh Fixed) 0.45 Bulgaria 0.30 Armenia(Yerevan Fixed) 0.45 Bulgaria(Mobile) 0.45 Aruba 0.30 Burkina Faso 0.55 Aruba(Mobile) 0.53 Burkina Faso(Mobile) 0.55 Ascension Island 1.99 Burundi 0.65 Australia 0.07 Cambodia 099 Australia(Mobile A) 0.48 Cambodia(Mobile) 099 Australia(Mobile B) 2.99 Cameroon 0.60 Austria 0.10 Cameroon(Mobile A) 0.60 Austria(Mobile A) 0.44 Cameroon(Mobile B) 0.60 Austria(Mobile B) 0.44 Canada 0.039 Azerbaijan 0.43 Cape Verde Islands 0.65 Azerbaijan(Mobile) 0.43 Cayman Islands 0.28 Page 53 of 134 Page 161 of 298 Lightpath Lightpath Country International Country International Rate Rate Price Per Min Price Per Min Bahamas 0.20 Cayman Islands(Mobile) 0.49 Bahrain 0.45 Central Africa 1.99 Bahrain(Mobile) 0.45 Chad Republic 1.99 Bangladesh 0.43 Chile(includes Baster Island) 0.15 Ban*ladesh(Mobile) 0.43 Chile(Mobile) 0.29 Bangladesh(Chittagong) 0.43 China 0.12 Bangladesh(Dhaka) 0.43 China(Mobile) 0.15 Barbados 0.40 Christmas 1.21 Barbados(Mobile) 0.53 Cocos Islands 1.14 Belarus 0.55 Colombia 0.17 Belarus(Mobile) 0.55 Colombia Medellin Fixed 0.17 Belgium 0.08 Colombia Pereira Fixed 0.17 Belgium(Mobile A) 0.37 Colombia Armenia Fixed 0.17 Belgium(Mobile B) 0.37 Colombia Barranquilla Fixed 0.17 Belize 0.50 Colombia Bogota Fixed 0.17 Colombia(Mobile) 0.20 French Antilles(inc. Martinique) 0.45 Comoros(Mayotte Isiand) 2.74 French Antilles(Mobile) 0.66 Congo Republic(Fixed) 0.82 French Guiana 0.39 Congo Republic(Mobile) 0.82 French Guiana(Mobile) 0.67 Cook Islands 2.24 French Polynesia 0.75 Costa Rica 0.23 French Polynesia(Mobile) 0.75 Croatia 0.27 Gabon Republic 0.35 Croatia(Mobile) 0.45 Gabon Republic(Mobile) 0.35 Cuba excluding Guantanamo) 2.52 Gambia 0.51 Cyprus 0.25 Gambia(Mobile) 0.51 Cyprus(Mobile) 0.40 Georgia 0.25 Czech Republic 0.20 Georgia(Mobile) 0.45 Czech Republic(Mobile) 0.35 Germany 0.07 Dem Rep of Congo(FKA as Zaire) 0.60 Germany(Mobile A) 0.27 Dem Rep of Congo Mobile A 0.79 German (Mobile B) 0.27 Dem Rep of Congo(Mobile B) 4.07 German (Mobile C) 0.27 Denmark 0.08 Ghana 0.30 Denmark(Mobile) 0.36 Ghana(Mobile) 0.30 Page 54 of 134 Page 162 of 298 Diego Garcia 6.99 Gibraltar 0.65 Djibouti Republic 0.99 Gibraltar(Mobile) 1.03 Dominica 0.50 Greece 0.08 Dominica(Mobile) 0.50 Greece(Mobile) 0.35 Dominican Republic 0.18 Greenland 098 Dominican Republic(Mobile) 0.30 Grenada 0.45 East Timor 4.86 Grenada(Mobile) 0.45 Ecuador 0.43 Guadeloupe 0.35 Ecuador Cuenca Fixed) 0.43 Guadelou e(Mobile) 0.65 Ecuador(Guayaquil Fixed) 0.43 Guantanamo Bay 2.90 Lightpath Lightpath Country International Country International Rate Rate Price Per Min Price Per Min Ecuador(Mobile) 0.43 Guatemala(Off Net Fixed) 0.38 Egypt 0.45 Guatemala(Mobile A) 0.38 Egypt(Mobile) 0.45 Guatemala(Mobile B) 0.38 Ei Salvador(On Net Fixed) 0.25 Guinea Bissau 2.85 EI Salvador(Off Net Fixed) 0.25 Guinea Republic 0.40 EI Salvador(Mobile A) 0.26 Guyana 0.99 El Salvador(Mobile B) 0.26 Haiti 0.75 Equatorial Guinea 0.99 Haiti(Mobile) 0.75 Eritrea 0.99 Honduras 0.75 Estonia 0.20 Hong Kong 0.08 Estonia(Mobile A) 0.74 Hone Kone(Mobile) 0.10 Estonia(Mobile B) 0.99 Hungary 0.15 Ethiopia 1.25 Hungary(Mobile) 0.35 Faeroe Island 0.64 Iceland 0.15 Falkland Islands 2.34 Iceland(Mobile) 0.35 Federated States of Micronesia 1.13 India 0.39 Fiji Islands 0.75 India Madras 0.39 Finland 0.05 1 India Chandigarh 0.39 Finland(Mobile) 0.36 India Calcutta 0.39 India Bombay 0.39 Israel 0.09 India New Delhi 0.39 Israel(Mobile A) 0.24 India Ahmedabad 0.39 Israel(Mobile B) 0.24 India Amritsar Fixed 0.39 Italy 0.07 India Bangalore Fixed 0.39 Italy(Mobile A) 0.38 India Baroda Fixed 0.39 Italy(Mobile B) 0.38 India Bhopal Fixed 0.39 Italy Mobile C) 0.38 India, Ernakulum 0.39 Ivory Coast 0.57 India Gandhinagar Fixed 0.39 Ivory Coast(Mobile) 0.65 Page 55 of 134 Page 163 of 298 India Hyderabad Fixed 0.39 Jamaica 0.32 India Jaipur Fixed 0.39 Jamaica Mobile A) 0.42 India Jalandhar Fixed 0.39 Jamaica Mobile B) 0.42 India Kanpur Fixed 0.39 Japan 0.08 India(Mobile B) 0.39 Kazakhstan 0.43 Indonesia 0.24 Kazakhstan(Mobile) 0.43 Indonesia Jakarta 0.24 Kenya 0.70 hidonesia Surabaya 0.24 Kenya(Mobile) 0.70 Indonesia Mobile A) 0.45 Kiribati 4.99 Indonesia(Mobile B) 0.45 Korea-North 3.56 Indonesia(Mobile Q 4.86 Korea-South 0.08 htmarsat Atlantic W. Skyphone 8.00 Korea-South(Mobile) 0.15 Inmarsat Atlantic East A 8.00 Kuwait 0.39 Inmarsat Atlantic East B 8.00 Kuwait(Mobile) 0.45 Inmarsat Atlantic East M 8.00 K rQyzstan 0.75 Lightpath Lightpath Country International Country International Rate Rate Price Per Min Price Per Min Inmarsat Atlantic West A 8.00 Laos 0.99 Inmarsat Atlantic West B 8.00 Laos(Mobile) 0.99 Inmarsat Atlantic West M 8.00 Latvia 0.35 Inmarsat Atlantic W6st Mini-M 8.00 Latvia(Mobile) 0.40 Inmarsat Indian A 8.00 Lebanon 0.45 htmarsat Indian B 8.00 Lebanon(Mobile) 0.55 Inmarsat Indian M 8.00 Lesotho 0.50 Inmarsat Indian Mini-M 8.00 Lesotho(Mobile) 0.50 Inmarsat Indian Skyphone 8.00 Liberia 0.60 htmarsat Pacific A 8.00 Liberia(Mobile) 0.60 Inmarsat Pacific B 8.00 -Libya 0.45 Inmarsat Pacific M 8.00 Libya(Mobile) 0.45 Inmarsat Pacific Mini-M 8.00 Liechtenstein 0.13 Inmarsat Pacific Skyphone 3.00 Liechtenstein(Mobile) 2.77 Iran 0.47 Lithuania 0.29 Iran(Mobile) 0.60 Lithuania(Mobile) 0.40 Iraq 0.74 Luxembourg 0.10 Ira (Mobile A) 0.74 Luxembourg(Mobile) 0.35 Iraq(Mobile B) 0.74 Macau 0.35 Ireland 0.07 Macau(Mobile) 0.35 Ireland(Mobile) 0.33 Macedonia 0.45 Iridium(Local) 2.99 Macedonia(Mobile) 0.55 Iridium Global 2.99 Madagascar 1.25 Page 56 of 134 Page 164 of 298 Madagascar(Mobile) 1.25 Niue Islands 4.99 Malawi 0.25 Norfolk Island 4.99 Malawi(Mobile) 0.25 Norway 0.07 Malaysia 0.10 Norway(Mobile) 0.28 Malaysia(Mobile) 0.18 Oman 0.88 Maldives 1.64 Oman(Mobile) 0.88 Mali Republic 0.75 Pakistan 0.45 Mali Republic(Mobile) 0.75 Palau Republic 0.99 Malta 0.25 Palestine 0.18 Malta(Mobile) 0.55 Palestine(Mobile) 0.40 Marshall Island 0.99 Panama 0.28 Mauritania 0.65 Panama(Mobile) 0.45 Mauritius 0.56 Papua New Guinea 5.99 Mauritius(Mobile) 0.56 Paraguay 0.40 Mayotte Island 1.28 Paraguay(Asuncion) 0.40 Mayotte Island(Mobile) 1.28 Paraguay(Mobile) 0.40 Mexico-Tier 1 0.12 Peru , 0.18 Mexico-Tier 2 0.12 Peru(Lima) 0.18 Mexico-Tier 3 0.12 Peru(Mobile A) 0.45 Moldova 0.39 Pent(Mobile B) 0.45 Lightpath Lightpath Country International Country International Rate Rate Moldova(Mobile) 0.44 Philippines 0.30 Monaco 0.15 Philippines(Mobile A) 0.30 Monaco(Mobile) 0.35 Philippines(Mobile B) 0.47 Mongolia 0.75 Poland 0.18 Montserrat 0.50 Poland(Warsaw) 0.18 MontselTat(Mobile) 0.42 Poland(Mobile) 0.37 Morocco 0.75 Portugal 0.08 Morocco Mobile 0.75 Portugal(Mobile A) 0.45 Mozambique 0.65 Portugal(Mobile B) 0.45 Mozambique(Mobile) 0.65 Qatar 0.99 Myanmar(Buena) 2.83 Qatar(Mobile) 0.99 M anmar(Mobile) 2.83 Reunion Island 0.85 Namibia 0.61 Reunion Island(Mobile) 0.85 Namibia Mobile) 0.61 Romania 0.27 Netherlands(Mobile A) 0.35 Russia 0.17 Netherlands(Mobile B) 0.35 Russia Moscow 0.17 Netherlands Antilles 0.35 Russia St. Petersburg 0.17 Netherlands Antilles(Mobile) 0.40 Russia(Mobile) 0.25 New Caledonia 0.99 Rwanda 0.98 Page 57 of 131 Page 165 of 298 New Zealand(including Tokelau) 0.07 San Marino 0.87 New Zealand(Mobile A) 0.34 Sao'Tome 2.84 New Zealand(Mobile B) 0.34 Saudi Arabia 0.36 Nicaragua 0.39 Saudi Arabia(Mobile) 0.55 Nicaragua(Mobile A) 0.65 Saudi Arabia Dhahran Fixed 0.36 Nicaragua(Mobile B) 0.65 Saudi Arabia Jeddah Fixed 0.36 Niger Republic 0.75 Saudi Arabia Riyadh Fixed 0.36 Nigeria 0.46 Seneeal 0.65 Nigeria(Mobile) 0.65 Senegal(Mobile) 0.65 Serbia 0.35 Thailand Bangkok 0.20 Serbia&Montenegro {Yugoslavia 0.35 Thuraya Satellite 199 Serbia&Montenegro(Mobile) 0.45 Togo 0.73 Se chellcs Island 0.50 Tonga Islands 0.85 Sierra Leone 0.75 Trinidad&Tobago 0.39 Sierra Leone(Mobile) 0.75 TUnisia 0.65 Singapore 0.10 Tunisia(Mobile) 0.65 Singapore(Mobile) 0.15 Turkey 0.34 Slovakia 0.25 Turkey(Mobile) 0.44 Slovakia(Mobile) 0.36 "Turkey(Ankara Fixed) 0.34 Slovenia 0.25 Turkey(Istanbul Fixed) 0.34 Slovenia(Mobile) 0.58 Turkmenistan 0.42 Solomon Island 2.42 Turks&Caicos Islands 0.49 Somalia 1.45 Tuvalu 4.99 South Africa 0.25 Uganda 0.41 South Africa(Mobile) 0.37 Uganda(Mobile) 0.45 Lightpath Lightpath Country International Country International Rate Rate Spain 0.07 Ukraine 0.35 Spain Mobile A) 0.34 Ukraine(Mobile) 0.35 Spain(Mobile B) 0.34 United Arab Emirates 0.52 Sri Lanka 0.65 United Arab Emirates(Mobile) 0.52 Sri Lanka (Mobile) 0.65 United Kingdom 0.07 St Helena 2.19 United Kingdom Mobile A) 0.37 St Kitts&Nevis 0.45 United Kingdom(Mobile B) 0.37 St Kitts&Nevis(Mobile) 0.45 United Kingdom(Mobile C) 0.37 St Lucia 0.50 Uruguay 0.33 St Lucia(Mobile) 0.50 Uruguay(Mobile) 0.46 St Pierre&Miquelon 0.75 Uzbekistan 0.32 St Pierre&Miquelon(Mobile) 0.75 Uzbekistan(Mobile) 0.40 St Vincent&Grenadines 0.55 Vanuatu 4.99 St Vincent&Grenadines(Mobile) 0.55 Venezuela 0.15 Page 58 of 134 Page 166 of 298 Sudan 0.74 Venezuela(Mobile A) 0.44 Suriname 0.75 Venezuela(Mobile B) 0.44 Suriname(Mobile) 0.75 Venezuela Caracas 0.15 Swaziland 0.45 Venezuela. Maracaibo Fixed 0.15 Swaziland(Mobile) 0.45 Venezuela,Valencia Fixed 0.15 Sweden 0.07 Vietnam 0.53 Sweden(Mobile A) 0.38 Vietnam(Mobile) 0.53 Sweden(Mobile B) 0.38 Vietnam Hanoi 0.53 Switzerland 0.07 Vietnam Ho Chi Minh City 0.53 Switzerland(Mobile) 0.35 Wallis Island 4.99 Syria 0.81 Western Samoa 0.86 Syria(Mobile) 0.81 Yemen Republic 0.99 Taiwan 0.07 Yemen(Mobile) 0.99 Taiwan(Mobile A) 0.21 Zambia ' 0.35 Taiwan(Mobile C) 0.21 Zambia(Mobile) 0.40 Tajikistan 0.41 Zimbabwe 0.32 Tanzania 0.75 Zimbabwe(Mobile A) 0.32 Tanzania(Mobile) 0.75 Zimbabwe(Mobile B) 0.32 Thailand -0.20 Page 59 of 131 Page 167 of 298 Service Installation Charges Service One Time Installation Fees Internet Voice Bundles $2.000 E-LINE (IOMb s; 20Mb s; 50Mb s) $400 E-LINE (10OMb s; 150Mb s; 30OMb s; IOOOMb s) $1,000 V-LINE (IOMb s; 20Mb s; 50Mb s) $400 V-LINE (10OMb s; 150Mb s; 30OMb s; IOOOMb s) $1,000 E-LAN (IOMb s; 20Mb s; 50Mb s) $400 E-LAN (IOOMb s; 150Mb s; 30OMb s; I OOOMbps) $1,000 Pluggable Optical Port to E-LINE,V-LINE, E-LAN- After Initial Install/ Cost is per location $650 Broadcast Video Transport Service $1,000 Change Internet Speed of,Voice Bundle $100 Changing Minute of Use Package of Voice Bundle $0 Addie T Optional Voice Feature 4 Tariff Charge ISDN PRI (After Initial Bundle Installation) $100 Lightlink Tl (After Initial Bundle Installation) - $100 Business Line (After Initial Bundle Installation) $10 Remote E-Link $200 Toll Free Bundles $0 Internet Via Metro Ethernet $2,000 O tuntlm Online Boost Installation $47 O timwn Online Boost with Static IP Installation $47 Optimum Online Ultra 50& 60 $59.95 Optimum Online Ultra 101 $59.95 Optimum Voice Installation- t to 3 Lines $170 Optimum Voice Installation-4 to 8 Lines- Per line charge in addition to $169.95 for initial 3 Lines $50 861OU ISDN 10 Line Telephone $60 8620U ISDN 20 Line Telephone $75 88 IOU ISDN 10 Line Telephone, Large Display $150 8030X 30 Line Expansion Module $49 SIP Call Path I $0 Page 168 of 298 Remote E-Link HFC (Hybrid Fiber Coax) Pricing Product Monthly Recurring Charge Remote E-Link Remote E-Link 6 S350.00 Remote E-Link 12 S550.00 Remote E-Link 24 $750.00 Notes:Service Provisioned over the Hybrid Fiber Coax Cable Plant.Not available in Lightpath LIT Buildings. Package includes unlimited Domestic/Long Distance NIQU's. Product supports business lines and analog Centrex,as well as Tl (Analog Two-way Trunks and ISDN PRI on E-Link 24. Internet portion is 15 Mhps downl 2 up on E-Link 6& 12,and 30 Mbps down/2 up on E-Link 24. Optimum Voice for Business Product Monthly Recurring Charge Optimum Voice for Business 1 to 3 Lines(cost is per line/month) S34.95 Optimum Voice for Business 4 to 8 Lines(cost is per line/month) S29.95 Notes: Optimum Voice for Business is-only available to Optimum for Business customers that are new or have a Cable data account. The Monthly recurring charge for 1-3 Eines is$3495 per line. For 4 to 8 lines the monthly charge is $29.95 (permanent pricing)as long as a minimum of 4 lines is maintained on the account. Pricing includes a free to use modem,battery backup,all porting costs,and one straight line white page directory listing Page 61 of 134 Page 169 of 298 Optimum Online Monthly Recurring Service —.Charge Optimum Online Optimum Online Existing $29.95 O timum Online New 559.99 Modem Fee $9.99 Notes: Optimum Online service is only available to Optimum for Business Customers that are new or have a Cable data account. Optimum Online Ultra Services Service Monthly Recurring Charge Optimum Online Ultra 50 Ultra 50 is the New Ultra 60 Optimum Online Existing,Svc $29.95 Optimum Online New Svc $59.95 UItra 50 $t9.9,-) Ultra 60 $19.95 Modem Fee $ 9.99 Optimum Online Ultra 101 Optimum Online Existing Svc $29.95 Optimum Online New Svc $59.95 Ultra 101 $50.00 Modem Fee $9.99 Page 62 of 04 Page 170 of 298 STATIC IP for ULTRA - Add an additional$15.00/Per IP Address on any of the above offers. Notes:Optimum Online service is only available to Optimum for business customers that are new or have a Cable data account. Static IP Service is designed for,commercial applications and is not available for work at home applications (teleworkers) Page 63 of 134 Page 171 of 298 SCHEDULE F Additional Services New Services and New Technolollies Lightpath agrees to review with Customer new technologies and or upgrades to existing technologies "(New Technologies") and/or New Services as they become available to determine their applicability to Customer. Page 64 of 134 Page 172 of 298 SCHEDULE G ' Service Order Form Template for the County—Applicable for Orders Equal to or Greater than$1,000. MRC Llghat Service Order Form Date: Customer Information Cuitomer Status: Customer Name: Billing Address: Srreer-iddross Suite Ci¢, smm Zip Code Ming Contact: Phone Email Order Contac: Phone Email Lightpath Comact: Plane Email Lightpith Services The above Customer auees to the ordering of the following Li2htparh Services: Order Type: account Servile Location Type: Service Location Type: 'A'Location: 'Z'Location: Demarc: Demvc: rnlirime].1r—AJ), T—JAamhh lerarrm CA.i X—' eevrtm (7h X-A—tchl. 1 Service Term: For Interm l Use Onh, Total Monthly Recurring Charge_ addendum Cl Total InstaIlanon Charge: Terms and Canditious The parties acknowledge and agree that this Senice Order Form comantes a pan of the agreement between the County of Westchester("Countand Cabtesision Liopath,Inc.("Ughtpath").pmuant to which Lightpatb provides the County with various telecommunimuou services,CTT-1376")and is not as amendment to IT-1376 in accordance with Section 212(a)of Schedule'AA'(eatitled`Telecommunications Diaster Senice Agreemem')of IT-1376,Ia the event of any conflict between this Service Order Form and rr-1376_TT-1376 sh213 control. The County shall be responsible for the prices listed on this Sentice Order Form(which shall match those pirmided for in 1T-1376-and to the extent that they do not,the prices herein shall be deemed modified accordingly),plus all applicable usage charges. other applicable sevice charges.and applicable local.state and federal vexes,charges.and assessments. Agreed bc: Customer Cablevision Lichtpaih-Inc. Authorized Signature: .authorized Signature: Print:Name: print Name: Title: Title: Date: Dale: Entail: Mone: Page 65 of 134 Page 173 of 298 SCHEDULE H Service Attachments for Managed WiFi and Managed Back-Up I Lightpath Nlanaged Backup Service Attachment Additional Terms and Conditions Managed Backup Service ("Managed Backup Service") is provided under the Terms of this Agreement in conjunction with this Attachment and the End-User License Agreement (EULA) as set forth at www.lightpathbackup.conl and attached hereto as Exhibit A. 1. Definitions: a. "Agent Software" means Lightpath or its third party supplier's and/or licensor's softvare(executable NISI or JAR tile)that must be installed on a Protected Device under a related EULA(a single End User license for each Protected Device)in order to receive Managed Backup Service. b. "End User(s)"means Customer's authorized represcntativc(s). C, "Managed Backup Web Portal"means an internet based, Lightpath online portal, accessible by Customer and End Users, that enables the(i)ordering of the Managcd Backup Service and Agent Software by End Users,(ii)licensing and downloading of the Agent Software,and(iii)management and reporting of Customer accounts and usage. d. "Protected Device(s)" means any personal computer ("PC") or Apple Macintosh computer ("Mac') or server ("Server"),using the following operating system(s)and Java software(all current versions supported by the respective software vendor),that is designated by Customer via the secure Managed Backup Web Portal as being assigned to the Managed Backup Service: i. PC—Microsoft®WindowsV Operating System: ii. Mac—Applet Macs Operating System:or iii. Server—Microsoftgt server platform.Linuxg operating system,or Oracle®Solaris operating system. 2. Service Description: Lightpath's suite of Managed Backup Services enables Customer to use the Lightpath Network from Customer's location or from any connection to the intemet to securely backup and retrieve data between Protected Devices and the Lightpath data vaults. Managed Backup Service is comprised of Desktop Backup and/or Server Backup, and includes access to the Managed Backup Web Portal and related support services.Optional offerings for Server Backup are Restore Appliance that includes an on-premise device which holds the latest versions of Customer's backups, before backups go othsiw to the Lightpath data vaults,and Data Shuttle which allows larger data sets to either be shipped to the data vault sites or be restored from the backend data vault sites and shipped to Customer.Managed Backup Service encrypts End User data and stores the encrypted data in a minimum of two(2)different geographically diverse data vault locations. Agent Software communicates only with Desktop Backup or Server Backup infrastructure,employing Advanced Encryption Standard (AES) of all data before transmission and storage. All communications between the Agent Software and data vaults use industry standard Secure Sockets Layer(SSL). 3. Ownership and Lightpath Suppliers: All rights concerning Managed Backup Service not granted under this Agreement are expressly reserved to Lightpath and its suppliers and licensors. Without limiting anything else in this Agreement,all Lightpath products and services accessed through the secure Managcd Backup Web Portal. the equipment, software, systems,processes and documentation used to provide Managed Backup Service("Service Components").and all related revisions, changes, copies, compilations• and derivative works are and will remain the sole and exclusive property of Lightpath and/or its suppliers and licensors(including,but not limited to,the Agent Software).Customer shall not have any right to merge or embed the Agent Software into any other computer program or work.Customer shall not(a)copy,modify, create any derivative work of,or include in any other software,the Agent Software or any portion thereof,or(b)reverse engineer or otherwise attempt to derive source code(or the underlying ideas,algorithms,structure or organization)from the Agent Software, All Customer Content(as defined in Section 9)shall remain the property of Customer,and Lightpath shall have no right to access or use such Content without the express written consent of Customer. 4. License Terms and Terms of Use: Lightpath hereby grants to Customer the right to use Managed Backup Service for its own use,and not for the purpose of resale,or providing similar telecommunication service(s)to others,in accordance with the provisions of this Agreement,this Attachment and the EULA.No other use of Managed Backup Service is permitted. Pagc 66 or 134 Page 174 of 298 Except as may be provided for in this Attuchmcnt,in the EULA or in any separate software license or use agreement that may be provided with the Agent Software by Lightpaih or by its third party suppliers and/or licensors,and if provided,will apply to the use of any Agent Software by Customer: a. Customer shall be required by the EULA to use the Agent Software in accordance with any accompanying documentation and only in conjunction with Managed Backup Service: b. Customer shall beat least the age of majority; c. Customer shall not remove,modify or obscure any copyright,trademark or other proprietary rights notices that appear on the Agent Software products or that appear during use of the Agent Software product: d. Customer shall not assign, sub-license or distribute any right in the Agent Software, copy(except for one copy for backup purposes if applicable),decompile,reverse engineer or disassemble,modify or transmit the Agent Software: e, Customer shall not copy or distribute any accompanying documentation; f. Customer shall cease to use and return to Lightpath(or,if instructed by-Lightpath,destroy or permanently delete)any and all copies of the Agent Software upon termination of Managed Backup Service; g. Customer shall abide by local, state, provincial, federal and international copyright laws and shall not infringe or illegally save.locally or remotely,software through the use of Managed Backup Service,and/or use the software for the purpose of illegally transporting this and/or other software to other media and/or device for any purpose including sharing of software and/or any other copyrighted material:and h. the Agent Software and any copy or modification of it is and will remain the sole property of Lightpath or its third party suppliers and/or licensors. Use of Managed Backup Service may also be subject to other conditions of use upon accessing the secure Managed Backup Web portal. The user ID and password assigned to Customer for use of the secure Managed Backup Web Portal shall be used to verify the identity of Customer and the authenticity of any binding orders placed. Customer is responsible for maintaining the confidentiality and security of, and is responsible for the actions of any party using,all user IDs and passwords.Customer will immediately advise Lightpath Managed Backup Service support by email or by telephone of any unauthorized use of Managed Backup Service or the user IDs or passwords. or of any other breach of security, and will provide assistance requested by Lightpath to stop or remedy any breach of security. Each End User will be required to enter into a EULA with delivery of Managed Backup Service. The EULA will be presented to each End User in a"click to agree"format during the Agent Software installation process. 5. Term: Managed Backup Service is provided pursuant to the term set forth in this Agreement. 6. Charges: Pricing for Managed Backup Service is outlined in this Agreement. Managed Backup Service is billed on a monthly recurring basis consistent with the package purchased by Customer. a. Additional Charges-Desktop Backup Service: Additional licenses may be purchased for Desktop Backup.Customer will be charged the applicable monthly recurring charge for all additional licenses purchased. b. Additional Charges- Server Backup Service: Usage that exceeds the contracted amount of gigabytes is defined as "Burst Usage.- Burst Usage may be chtirged for-the number of gigabytes of data exceeding the contracted amount in the Managed Backup Service package rounded up to the next gigabyte. For calculation of Burst Usage,gigabytes of data in excess of the contracted package are measured at the end of each month and will appear as a separate line item on the invoice following such calculation. 7. Suspension and Termination: The suspension and termination rights in this Section are in addition to any other suspension and termination rights in this Agreement. In the case of a conflict,the suspension and tennination rights in this Attachment shall control.Lightpath may immediately suspend Managed Backup Service: a. for a material violation of any provisions of this Agreement relating to the use or misuse of Managed Backup Service by Customer(including,but not limited to,any acceptable use policies set forth or referenced herein);or b. in the event of a fraudulent or illegal use of Managed Backup Service by Customer. c. Lightpath may terminate Managed Backup Service or this Agreement,as it applies to the Managed Backup Service, without cause and without liability, upon sixty(60)calendar days written notice to Customer, in the event Lightpath receives notice of termination or expiration of the services agreement between Lightpath and Lightpath's underlying supplier of,Managed Backup Service("Lightpath Supplier'). Upon notice of termination of Service by either Customer or Lightpath for any reason, Customer will have a maximum of thirty (30) calendar days to retrieve their backed-up data. All Customer data will be purged from 1lanaged Backup Service after the thirty(30)calendar day time period immediately following the effective date of termination. Page 67 of 134 Page 175 of 298 Suspension'or termination of Managed Backup Services by Lightpath, as set forth herein, shall not affect Customers obligation to pay for Service rendered prior to the suspension or termination. Lightpath shall not be liable for any loss, damage or inconvenience suffered by Customer as a result of any valid suspension or termination of Servicc in accordance with this Section. S. Customer Responsibilities: Customer shall comply with all restrictions regarding the use of Managed Backup Service set forth in this Agreement, and with all use policies or instructions communicated in writing to Customer by Lightpath.Customer shall: a. not tamper with or change Managed Backup Service or any Service Component; b. not abuse Managed Backup Service or use it in a manner that may result in damage to or interference with Lightpath's equipment, facilities,Service Components or network,or the use of Lightpath services by other persons: C. not use Managed Backup Service in a manner that avoids the payment of any charges: d. not use Managed Backup Service,or display or transmit Content,in a manner that violates any applicable law or regulation; C. be responsible to obtain private network connectivity or intemet access service for the purpose of connecting to and using Lightpath Managed Backup Service,and f: be responsible for providing sufficient space and power in Customer's premise if purchasing optional services that require space and power. 9. Content: Except as otherwise provided for in this Agreement,Customer is solely responsible for all information,data,sofware or other material or content transmitted.stored or received by Customer using Managed Backup Service("Content').Lightpath exemkcs no control whatsoever over the Content, accuracy or quality of any Content. Lightpath is not responsible for checking, verifying, editing or completeness of Content,or for detecting errors or anomalies,or for recreating or re-uansntitting data. 10. Exclusions and Restrictions: Managed Backup Service does not provide, and Lightpath docs not guarantee, absolute security or protection of the data or information transmitted or received through Customer's equipment. Customer is responsible to implement its own security policies with respect to use ofCustotttcr's equipment,services or facilities used in connection with Managed Backup Service. Subject to Lightpath's compliance with its obligations regarding encryption and cryptographic protocol pursuant to Section 2, Lightpath does not provide any guarantee regarding the security of Managed Backup Service or the Content or data tiles backed up,retrieved or stored using such Managed Backup Service,nor does it provide any guarantee that such encryption or cryptographic protocols cannot be decrypted or compromised by a third party. Lightpath expressly disclaims any responsibility for the security of such Content or data files. Customer shall not use Managed Backup Service for any application that may involve risks of death,personal injury,severe property damage or critical environmental damage or in any life support applications, devices or systems ("Critical Applications").Use of Managed Backup Service in Critical Applications is expressly prohibited. For Desktop Backup,an Agent Software unit must be obtained for each individual Protected Device,and multiple End Users cannot share an Aacnt Software unit or transfer Agent Software units between End Users.All orders for additional units will be treated as an addition to this Agreement. Desktop Backup has an unlimited amount of backup space available for each Agent Software unit purchased for PC and/or Nlac Protected Devices under this Agreement,For Server Backup,End Users will download Agent Software for Protected Devices(unlimited units)and charges to Customer will be based on total usage (in gigabytes)under this Agreement. Page 68 of 131 Page 176 of 298 EXHIBIT A LIGIITPATH MA\AGED BACKUP SERVICE END USER LICENSE AGREEMENT PLEASE READ THIS END-USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE INSTALLING, DOWNLOADING,COPYING OR OTHERWISE USING THE PRODUCTS. TO COMPLETE YOUR ORDER FOR THE PRODUCTS PROVIDED PURSUANT TO THIS AGREEMENT, YOU MUST ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BY ELECTRONICALLY CHECKING THE BOX MARKED"I ACCEPT."BY CLICKING"I ACCEPT"YOU ARE AGREEING TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE LIMITATIONS ON LIABILTY SET FORTH HEREIN. IT IS STRONGLY RECOMMENDED THAT YOU PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORD. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A LEGAL ENTITY,THEN BY CHECKING THE BOX"I ACCEPT" YOU ARE CERTIFYING THAT YOU HAVE THE PROPER AUTHORITY TO BIND ALL USERS OF THE ARCHIVING SOLUTION WITHIN YOUR ORGANIZATION TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, IF YOU DO NOT HAVE SUCH AUTHORITY,OR IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT,YOU ARE NOT PERMITTED TO USE THE PRODUCTS AND YOU MUST IMMEDIATELY UNINSTALL THE SOFTWARE. PLEASE CONTACT LIGHTPATH IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT. This Agreement is by and between the company,entity or individual("You"and/or"Your")which is acquiring the license to use the Products, as defined below, and Cablevision Lightpath, Inc. ("Lightpath"). You" and/or"Your"and"Lightpath"may be individually referred to as"Party"and/or collectively referred to as the"Parties."This Agreement will become effective on the date on which You click on the box marked"I Accept"described above or download the Software,whichever occurs first. Definitions "Authorized Contact(s)"means named individuals trained in the use of the Products identified on the Entitlement and/or otherwise identified by You as having security authorization to contact Lightpath's Technical Support Department to report problems and seek assistance in the use of the Products. "Documentation"means the applicable installation guides,service descriptions,technical specifications,on-line help files,and user manuals for the Software provided by Lightpath. "Entitlement"means the collective set of applicable documents, including, but not limited to,any and all exhibit(s),attachment(s), addendum(s),schedule(s), Purchase Order(s),and/or invoice(s)authorized and provided by Lightpath evidencing the license type and/or Term and Your obligation to pay associated fees for the Products and/or Maintenance Services. "Maintenance Services"means the maintenance service in support of the Software purchased by You commencing on the Shipment Date and terminating as reflected in the Entitlement. "Products"means the Software and/or Documentation. "Purchase Order"and/or"P.O." means a document submitted by You to Lightpath which indicates the quantity, term, price, and location of Products to be licensed by You. "Shipment Date"means the earliest calendar day in which Lightpath(i)initially ships to You the Products via a reputable overnight courier; (ii) allows You to access the Products via a TCP/IP andlor FTP transfer site; or(iii)actually installs the Software and provides the Documentation.Without limiting the warranties set forth herein,the Products will be deemed accepted upon shipment. "Software'means the software products as reflected in the Entitlement. "Upgrades"and/or"Updates"means error corrections, minor enchantments, and major enhancements to the Software that You have licensed hereunder as reflected in the Entitlement.; however, Upgrades and/or Updates exclude dependent software that works with the Software but provides separate and optional functionality,which Lightpath may offer to You for an additional charge as reflected in the Entitlement. License Grant In consideration for the payment of the Software fees as due, Lightpath hereby grants to You and You hereby accept, a limited, nonexclusive,nontransferable license for the Products,for the term as set forth in the Entitlement,to(i)install the Software on Your computer systems equal to the number and type described in the Entitlement;(ii)use the Software in executable form only for Your internal business needs;(iii)use the Documentation to support the use of the Software;and/or(iv)make a commercially reasonable number of copies of the Software in executable form only,for non-production backup purposes. Page 69 or 134 Page 177 of 298 License Restrictions You specifically agree to limit the use of the Products and/or Maintenance Services to those specifically granted in this Agreement. Notwithstanding the foregoing,You specifically agree not to(i)attempt to reverse engineer,decompile,disassemble,or attempt to derive the source code of the Software or any portion thereof;(ii)modify,port,translate,localize and/or create derivative works of the Products;(iii)remove any of Lightpath's,or its vendors,copyright notices and proprietary legends;(iv)use the Products(a)to infringe on the intellectual property rights of any third party or any rights of publicity or privacy; (b) to violate any law, statute, ordinance or regulation (including,but not limited to,the laws and regulations governing exportlimport control,unfair competition, anti-discrimination and/or false advertising);(c)to propagate any virus,worms,Trojan horses or other programming routine intended to damage any system or data; (d) in any application that may involve risks of death, personal injury, severe property damage/environmental damage, and/or in any life support applications, devices or systems; and/or (v) file copyright or patent applications that include the Products or any portion thereof. You are solely responsible for maintaining the security of the environment in which the Software is used, the security and integrity of Software files and specifications,and the administrative passwords for the Software. Termination and/or Suspension of License Lightpath may terminate and/or suspend Your Products license without liability, with or without notice, based on Lightpath's reasonable belief that: (i) You are using the Products in violation of any applicable federal, stale, or local law, ordinance or regulation;(ii)the Products are being used in breach of the section entitled"License Restrictions"or otherwise in a potential harmful or unlawful manner; (iii) the use of the Products adversely affects Lightpath's equipment, security network infrastructure, or its service to others;(iv)a court or other governmental authority having jurisdiction issues an order prohibiting Lightpath from furnishing the Products to You;or(v)You fail to pay undisputed charges for the Products as due after being given notice.In the event that the Products are suspended,Lightpath will use commercially reasonable efforts to inform You and will work with You to resolve such issues and re-instate the Products. Error Correction Lightpath will use commercially reasonable efforts to correct verifiable and reproducible errors when property reported to Lightpath. The error correction(s), when completed, may be provided in the form of a "Temporary Fix," which will consist of sufficient programming and operating instructions to implement such error correction(s). Previous Versions It is Your responsibility to obtain and install all Upgrades and/or Updates; Lightpath will take commercially reasonable efforts in accordance with reasonable industry standards to notify You of all Upgrades and/or Updates. Lightpath reserves the right to withhold support for versions of the Software,which have not had the latest Upgrades andlor Updates installed.If You elect not to install the latest Upgrades and/or Updates,then Lightpath will only provide Maintenance Services for the previous versions of the Software for one(1)year commencing immediately upon the commercial availability of such subsequent Upgrades and/or Updates. Software Warranty Lightpath warrants for a period of ninety(90)calendar days from the initial Shipment Date of the Software,("Warranty Period")for Your benefit alone, that the Software will perform substantially and materially in accordance with such Software's technical specifications included or referred to in the applicable Documentation("Software Warranty"), Lightpath does not warrant that the Software wilt be error-free in all circumstances.You will provide prompt written notice of any non-conformity.Your exclusive remedy, and Lightpath's exclusive obligation with respect to a material breach of this Software Warranty, will be for Lightpath to use commercially reasonable efforts to repair or replace such Software so as to make such Software substantially conforming to the applicable Documentation. Lightpath will have no obligation with respect to any failure of the Software to perform as warranted under this section if such faiiure results from:(a)improper use,operation, or neglect of the Software: (b)unauthorized changes, repairs,or modifications to the Software;(c)the merger of the Software(in whole or part)with any other software or equipment by You not previously approved by Lightpath;and/or(d)any material breach by You of Your obligations under this Agreement. Warranty Exclusions and Exclusive Remedy EXCEPT FOR THE WARRANTIES SET FORTH IN THE SECTION ENTITLED"SOFTWARE WARRANTY,"LIGHTPATH MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. LIGHTPATH DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINGRINGEMENT. LIGHTPATH DOES NOT GUARANTEE ERROR-FREE OR UNINTERUPTED SERVICE, THE PROVISIONS SET FORTH IN THE SECTION ENTITLED "SOFTWARE WARRANTY" STATES LIGHTPATH'S ENTIRE RESPONSIBILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL BREACH OF WARRANTY. Exclusion of Consequential Damages;Limitation of Liability IN NO EVENT WILL LIGHTPATH OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL,INDIRECT,SPECIAL,PUNITIVE,AND/OR INCIDENTAL DAMAGES,WHATSOEVER,INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF DATA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IN NO EVENT SHALL LIGHTPATH'S OR LICENSOR'S LIABILITY, WHETHER IN CONTRACT, TORT OR OTHER LEGAL THEORY, TO YOU OR ANY THIRD PARTY EXCEED ONE (1) MONTH'S SERVICE Page 70 of 134 Page 178 of 298 CHARGES. THE FOREGOING LIMITATIONS ARE SUBJECT TO APPLICABLE LAW.YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. Essential Purpose THE LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES STATED HEREIN WILL APPLY REGARDLESS OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.BOTH PARTIES HEREUNDER SPECIFICALLY ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY ARE REFLECTED IN THE PRICING. Your Environment Lightpath will bear no liability to You or any third party resulting from Your decision not to implement any reasonable change to Your technical environment that supports the Products and/or Maintenance Services that may or may not have been advised by Lightpath in writing;and You will hold Lightpath harmless from and against any suit or proceeding(including reasonable attorneys'fees)brought against Lightpath arising directly from such a failure to provide the necessary access and/or support for Lightpath to implement any such change.Further,You agree to inform Lightpath of any system change by You or on Your behalf hat may reasonably be expected to affect Lightpath's ability to provide the Products and/or Maintenance Services. Indemnification You shall indemnify,defend and hold harmless Lightpath against any and all claims or costs(including without limitation reasonable attorneys' fees) arising out of Your use of the Products in violation or alleged violation of this Agreement, this EULA or any applicable laws or regulations. Intellectual Property&Protections Lightpath or its suppliers are the sole and exclusive owner of all right,tide,and interest in and to the Software(excluding any open source third party software),Maintenance Services, Documentation and all copies thereof including all Upgrades and/or Updates, derivations,modifications and enhancements thereto'(including,but not limited to,ownership of all intellectual property rights).This Agreement does not provide You with title or ownership of the Software,Maintenance Services,and/or Documentation,but only a right of limited use.Modification of the source code will void Your Software Warranty and Lightpath will have no further Maintenance Services responsibility.You recognize and acknowledge the exclusive right of Lightpath and/or its suppliers in and to all patents, trademarks, service marks,trade names,copyrights,and other intellectual property and proprietary rights in and to the Products, including all Upgrades and/or Updates("Intellectual Property"),and that such Intellectual Property is-the sole and exclusive property of Lightpath and/or its suppliers.You waive Your right to contest the validity and/or ownership of such Intellectual Property. Termination for Material Breach This Agreement may be terminated by either Party upon thirty(30)calendar days written notice for a material breach by the other Party, unless such other Party cures the breach within the thirty (30) calendar day notification period. You agree upon any termination to destroy the Software,together with all copies in any form.Termination of this Agreement does not relieve You of any outstanding payments due or any liability arising prior to termination. Termination for Changes to Applicable Law This Agreement may be terminated by either Party if the continued relationship,the provision of the Software,Documentation, and/or Maintenance Services, and/or the transactions hereunder, would violate any-applicable law(whether such law is existing at the time of this Agreement or thereafter modified or enacted) and result in material costs or liabilities to the terminating Party that were not anticipated as part of this Agreement. Confidentiality "Confidential Information" means any proprietary, confidential and/or trade secret information of the Party disclosing such information relating to, among other things, the Software, Equipment, technology, specifications, manufacturing methods, know- how,business or marketing plans,business relationships,and the terms of this Agreement.Confidential Information will not include information that:(i)was in the public domain when disclosed;(ii)becomes public domain after disclosure,other than as a result of the violation of this Agreement; (iii)was in the receiving Party's possession when disclosed and was not acquired directly or indirectly from the disclosing Parry;(iv)is shown by written evidence to have been developed by the receiving Party independently after disclosure without benefit of the Confidential Information;or(v)was received after disclosure from a third-party who did not require it to be held in confidence and who did not acquire it directly or indirectly from the disclosing Party.Confidential Information will be used only in the manner contemplated by this Agreement and will not be intentionally disclosed to third-parties without the disclosing Party's written consent. The receiving Party will use at least the same degree of care to safeguard Confidential Information that it uses to protect its own confidential and proprietary information,but in no event less than reasonable care under the circumstances. Subpoena Lightpath is authorized to comply with any subpoena or similar order related to the data in its possession,provided that Lightpath notifies You promptly upon receipt thereof,unless such notice is prohibited by law.You will pay Lightpath's applicable charges as set forth in the Entitlement for such compliance, which may include copying data onto CD, DVD or other media. Lightpath will cooperate with Your efforts to quash or limit any subpoena,at Your expense. Page 71 or 134 Page 179 of 298 Audit You will maintain records reasonably required to verify compliance with this Agreement. Upon at least thirty(30)calendar days notice to You,and not less than twelve(12)months since a prior audit,Lightpath may audit and inspect the applicable records of You, at Your principal place of business, during Your normal business hours and in such a manner as to avoid unreasonable interference with Your business operations. General s Notices All notices under this Agreement All be in English and will be in writing and delivered by overnight courier or hand,postage prepaid certified or registered first-class mail with return receipt requested, or facsimile. Notices will be deemed given upon personal delivery, five(5)calendar days after deposit in the mail,or upon acknowledgment or receipt of electronic transmission. Notice to Lightpath will be sent to Lightpath at OLP's Address.Notices to You will be sent to the address set forth in the Entitlement or to such other address as You may specify in writing in accordance with this section. Force Majeure Neither Party will be liable for any failure or delay in performing services or any other obligation under this Agreement,nor for any damages suffered by the other Party by reason of such failure or delay,which is,indirectly or directly,caused by an event beyond such Party's foreseeable control including but not limited to strikes, riots, natural catastrophes, terrorist acts, governmental intervention,or other acts of God,or any other causes beyond such Party's reasonable control. Relationship with Third Parties This Agreement governs the relationship between Lightpath and You.No other person or entity will be a party to this Agreement nor All they be considered a third-party beneficiary of this Agreement. Severability&Survival The illegality or unenforceability of any provision of this Agreement will not affect the validity and enforceability of any legal and enforceable provisions hereof. Should any provision of this Agreement be deemed unenforceable by a court of competent jurisdiction then such clause will be re-construed to provide the maximum protection afford by law in accordance with the intent of the applicable provision. The following sections will survive any termination or expiration of this Agreement: "License Grant", "License Restrictions", "Fee", 'Taxes", "Exclusion of Consequential Damages","Limitation of Liability","Essential Purpose",."Your Environment","Indemnification",'intellectual Property&Protections",'Confidentiality","Subpoena","Audit and"General". Assignment You may not assign this Agreement without the prior written consent of Lightpath, which will not be unreasonably withheld or delayed. Applicable Law This Agreement and all resulting claims and/or counterclaims will be governed,construed,enforced,and performed in accordance with the laws of the Slate of New York,USA,without reference and/or regard to its conflicts of laws principles. Each Party hereby submits to the exclusive jurisdiction of the courts of New York and hereby waives any objections to venue with respect to actions brought in such courts. Export Restrictions You agree and certify that software,products,services,and/or all related technical information and materials that You receive from Lightpath will not be exported or re-exported outside of the United States("U.S.")except as authorized and permitted by the laws and regulations of the U.S.,and export or re-export contrary to U.S.laws is prohibited.You agree to comply,at Your own expense, with any and all foreign governmental requirements relating to Your exports from the U.S.,importation and use outside of the U.S., and/or re-exports from abroad of such products,services,and/or all technical information and materials.You will indemnify,defend, and hold harmless Lightpath from and against any claim,loss,liability,or damage suffered by Lightpath related to Your breach of this provision.You also agree that Lightpath may withhold provision of software,products,services,and/or technical information and materials under this Agreement if Lightpath believes,in good faith,that You have breached this provision. Government End-User Notice The Software is a"Commercial Item,"as that term is defined at 48 C.F.R.§2.101,consisting of"Commercial Computer Software" and"Commercial Computer Software Documentation,"as such terms are used in 48 C.F.R.§12.212 and 48 C.F.R.§227.7202,as applicable.Consistent with 48 C.F.R. §§12.212,48 C.F.R.227.7202-1 through 227,7202-4, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to United States Government end-users (a) only as Commercial Items and(b)with only those rights as are granted to all other end-users pursuant to the terms and conditions herein. Page 72 of 134 Page 180 of 298 TAR You understand that Lightpath employees may have access to native data to perform the Services herein and represent that none of this data requires protection from access by foreign person(s)because it contains technical information regarding defense articles or defense services within the meaning of the International Traffic in Arms Regulations (22 CFR 120)or technical data within the meaning of the Export Administration Regulations(15 CFR 730-774).If any of this data does contain any such information,You will notify Lightpath of the specific data that contains such information and acknowledge that special storage and service rates will apply thereto. Waiver Each Party agrees that the failure of the other Party at any time to require performance by such Party of any of the provisions herein will not operate as a waiver of the rights of such Party to request strict performance of the same or like provisions,or any other provisions hereof,at a later time. Entire Agreement&Integration This Agreement and any and all Entitlement referencing this Agreement represent the entire agreement between the Parties on the subject matter hereof and supersede all prior discussions,agreements and understandings of every kind and nature between the Parties. No modification of this Agreement will be effective unless in writing and signed by authorized representatives of both Parties. Except as otherwise set forth herein,any and all additional and conflicting terms and conditions presented with or in any communication,including,but not limited to,Your P.O.,except with respect to price,quantity,and location specified.in a P.O..are hereby rejected,and will be deemed null and void. Headings and Conflict All headings used herein are for convenience of reference only and will not in any way affect the interpretation hereof.If there is any conflict between this Agreement and any Entitlement,the order of precedence will be that this Agreement will supersede,then the Entitlement. .....................................«........««,««....««.«.,««....«....««.«.«,...«.« By downloading,accessing,installing or using the Software,I accept and agree to the above Terms and Conditions. ..................................................................................... Page 73 of 134 Page 181 of 298 II Lightpath Managed WiFi Service Attachment Additional Terms and Conditions Managed WiFi Service("WiFi Service") is provided under the Terms of this Agreement in conjunction with this Attachment. The provisions below set torch the responsibilities to inswil,maintain and support Wi-Fi Service. 1. Service Description: Lighipath's WiFi Service is a turnkey wireless data network service that enables Customer to extend its network at their location.WiFi Service provides a technologically advanced,fully managed and reliable wireless network that eliminates the challenges of Customer's implementation and management,while reducing capital expenditures.WiFi Service includes: a. the ability to extend Customer's existing networking infmstrvcture: b. support for multiple SSIDs that provide secure and separate wireless LANs; C. fully managed equipment(controllers,switches. access points)covering all software/firmware upgrades and break/fix management and coordination; d. system staging(equipment pre-configuration and testing), U. system installation(equipment mounting,cabling,connections as required): f. on-site"go live"support(connecting to Customer's network and authentication systems,Customer training on systems operation and portal usage): g, 24 X 7 WiFi Network monitoring,and h. Customer portal(reporting,trouble tickets,movesladdslchanaes). WiFi Service is designed, configured, and installed based on Customer's location-specific conditions. All related equipment in the provisioning and ongoing maintenance of WiFi Service remains the property of Lightpath. 2. System Design and Implementation Overvierv: Lightpath will conduct the following activities during the course of design and provisioning Wi-Fi Service: a. Predictive Site Survey(completed prior to execution of this Agreement) b. Corrective Site Survey including final network design(completed prior to execution of this Agreement) C, Configuration and Installation of WiFi Service i. Hardware sourcing and staging ii. Installation and cabling 3. Predictive Site Survey: Prior to the execution of this Agreement,Lightpath will perform a Predictive Site Survey by reviewing Customer's floor plans with scale and importing them into advanced wireless planning tools.This process will be repeated for each building being surveyed for wireless coverage. A Wireless LAN Plan is then developed for optimal wireless coverage with the least interference possible front the data captured.The Wireless LAN Plan will list recommendations for the access poini(s)("AP"),AP location,antennas type and channel allocations,as well as maps displaying the predicted signal strength,noise,signal to noise ratio•and channel interference.The wireless LAN Plan is performed remotely and intended to provide preliminary spt cifications and budgetary pricing for the specified WiFi Network configuration. Predictive Site Survey results and budgetary costs will be provided to Customer by Lightpath solely to determine feasibility of WiFi Service.Predictive Site Survey results with expire Cony five(45)days from receipt by Customer and Customer will be required to notify Lightpath in writing within such forty five(45)days regarding its intent to proceed with a Corrective Site Survey. a. Lightpath responsibilities: i. Gather Lightpath WiFi requirements questionnaire and floor plans with scale from Customer ii. Analyze Customer submitted floor plans with scale via planning tool iii. Identify and show High Risk RP Interference and Signal Loss Areas iv. Identify and show No RF Zones 4 V. Summarize Mobility RF Propagation expectations vi. AP count with placements and infrastructure required b. Customer responsibilities: i. Complete Lightpath WiFi requirements questionnaire ii.' Provide floor plans with scale to Lightpath c. Exclusions: i. Travel by Lightpath to any location outside of 75 mile radius of New York City if needed will incur additional travel costs that will be quoted at time of survey ii. On-site support iii. Troubleshooting of existing wireless issues 4. Corrective Site Survev and On-Site Walkthrough: In the event Customeragrees to proceed based on the results o£the Predictive Site Survey,Lightpath will perform a Corrective Site Survey and on-site walkthrough to validate the results of the Predictive Site Survey.The result of the Corrective Site Survey is a chargeable professional service.A Managed WiFi Service Corrective Site Survey Request Fort describing the survey work and fee for the Corrective Site Survey results will be presented and agreed to by Customer and signed prior to Lightpath initialing the Corrective Site Survey. As part of the Corrective Site Survey and on-site walkthrough;Lightpath will in addition; focus on the AP locations that require more coverage analysis.Although this does not require surveying every AP location,these Page 74 of 134 Page 182 of 298 locations include but are not limited to,highly populated areas such as auditoriums,areas that have high amounts of microwaves,warehouses,and manufacturing types of environments.The on-site walkthrough will also determine the proper components for each AP including antennas and required mounting brackets.Using this data,the final recommendations for AP location,AP models,antennae type,and channel allocations are made.Maps displaying the actual findings for signal strength,noise,signal to noise ratio,and channel interference are produced. 4 Upon completion of the Corrective Site Survey. Lightpath will compile all of the data to date to prepare a design and proposal for Customer's review which will be provided to Customer via electronic and hard copies. Upon receipt of the results of Corrective Site Survey including the final pricing proposal,high-level topology map,list of materials,statement of work("SOW")with site survey document,and scope of work for installation and support services(`Deliverables"),Customer will have the option to proceed and enter into this Agreement, whereupon the fee for the Corrective Site Survey results will be waived,or not agree to proceed and Customer will be responsible for payment of the fee for the Corrective Site Survey results. a. Assumptions: i. RF surveys require a unique visit to each location. ii. Surveys represent the current RF landscape.RF is dynamic and interference patterns and influences are likely to change over time. iii. Predictive Site Survey must be completed and agreed upon prior to scheduling the Corrective Site Survey. iv. Plans are developed with current best-in-class software utilities. b. Lightpath Responsibilities: i. Scheduling with Customer ii. Provide Deliverables c. Customer responsibilities: i. Provide Lightpath and any of its third party vendors/consultants access and clearance to the location to perform walkthrough. ii. Verify floor plans with scale to Lightpath iii. Notify Lightpath in writing within ten(10)business days of receipt of the Deliverables a decision to go / no go. Customer will be responsible for the fee for the Corrective Site Survey results in the event Customer chooses not to proceed. The fee for the Corrective Site Survey results will be waived upon Customer entering into this Agreement with Lightpath and the installation of the Managed Wil''i Service. d. Exclusions: i. Travel by Lightpath to any location outside of 75 mile radius of New York City if needed will incur additional travel costs that will be quoted at time of survey. ii. On-site troubleshooting, repair, maintenance or support, or troubleshooting of existing wireless issues in. Surveying beyond what is scoped and agreed to prior to dispatch iv: Outdoor surveys,unless agreed to prior to survey V. Surveying in any hazardous areas vi. Surveying that requires special equipment(e.g.,hoists,harness,ladders in excess of 8 feet,etc.) vii. Core network infrastructure unless identified prior to dispatch(applicable cost applied separately) 5. Conlieuration and Installation Services: Lightpath will provide WiFi Service configuration and installation as follows: y a. Project Planning—At the start of the project,Lightpath will develop some or all of the following with Customer: i. Project Plan ii. List of any potential shortcomings due to existing deployments, physical,or electrical constraints and allow for proactive resolution prior to implementation iii. Define failure-recovery procedures iv. Obtain sign off on deployment schedules b. Staging and Configuration—Lightpath will receive and stage the equipment prior to delivery of equipment to Customer location(s).Lightpath will perform the following services: i. Test and bum in all Lightpath equipment ii. Pre-load all operating systems Page 75 of 134 Page 183 of 298 iii. Pre-configure baseline configurations c. On-Site Installation Services — Lightpath will perforin on-site installation services at each Customer location to include one or more of the following services as detailed in Customers SOW: i. AP mounting,wiring and configuration ii. Single controller installation and configuration iii. Switch configurations for required POE switches to support ONLY wireless network _ iv. Testing and validation V. Integration of WiFi Service with existing authentication system to include Cisco ACS 4.0 or greater and Microsoft[AS 2003 or later.Any other integration may require additional cost and be included in Customer's SOW. vi. Basic guest access will be configured on the wireless controller. If more complex guest access is required,additional cost is to be included in Customer's SOW. d. First Day in Service — Lightpath will provide on-site support at Customer location as detailed in Customer's SOW..Billing will begin upon installation of the first device on a per location basis. .e. Assumptions: i. Locations are non-union and do not require prevailing wages.In the event a location requires the use of unions or work must be performed at prevailing wages in accordance with law,appropriate pricing will be addressed in the SOW. ii. Location is prepared with rack space for all required equipment. iii. AP installation and cabling include 150ft of Cat5e cabling. iv. Lightpath will perform security configuration on WiFi equipment and Customer will be responsible for completing any security configurations on other devices to make solution work. v. All installations are indoors.Outdoor installations may require additional resources and costs. vi. Per Diem fees are associated with WiFi Service for travel by Lightpath to any location outside of 75 mile radius of New York City and will be quoted separately. vii. All work is based on all work areas being accessible and ready during normal business hours Mon-Fri 8:00am-5:00pm. viii. All work areas are assumed to be asbestos free. ix. Quantities are limited to those specified in this Agreement only. x. Standard office conditions apply including sheet rock walls and drop ceilings not to exceed ten (10) feet in height. xi. No riser work included in the quotes. xii. Core holes will be billable if required through floors. xiii.No electrical work is included in the quotes. xiv. No conduit work is included in the quotes. xv. If after hours cabling work is required,rates will need to be adjusted. xvi. Work not requiring special equipment(e.g.,hoists,harness,ladders in excess of 8 feet,etc.). xvii. Customer is responsible for all end user support and end user devices. Lishtpath will not provide helpdesk support for end user devices. y E Lightpath responsibilities: i. Supplying,terminating and running Cat5 cabling to specified AP locations. ii. Mounting of AP with manufacture provided AP mounts. iii. Rack,cable,and configure new dedicated wireless network switches. iv. Provide a single certificate for guest login splash page to be used on ALL controllers in WiFi Service. RADIUS certificates are not included and the responsibility of Customer. g. Customer responsibilities: i. Ensure configuration of existing network and security infrastructure,unless specified in SOW. ii. Provide IP address and relevant configuration information. iii. Ensure adequate space,power,and cooling at each location for new wireless equipment. h. Exclusions: Configuration includes Voice and Data WiFi only and excludes any Customer requested site configuration. 6. Ongoing Support of WiFi Service: Lightpath will perform remote monitoring and management of the implemented WiFi Service as set forth below. Page 76 of 134 Page 184 of 298 a. 24 x 7 Monitoring with Access to User Interface— WiFi Service will be effectively monitored with alerts on all monitored devices on a 24 x 7 basis. The system will utilize a combination of SNMP polling,traps,Syslog,and WMI statistics.All collected statistics will be archived and can be viewed on the customized Customer web access portal. b. Customer must provide Lightpath at least two(2)hours advance notice of a change in Customer's site configuration that could potentially change the state of connectivity of the equipment covered in this Agreement. C. Reporting — Customized reports within the limits of our monitoring and tracking tools will be created and posted on the Customer portal. d. Configuration Archive—All router,switch,gateway and firewall configurations are archived.The system also detects when any changes are made and sends out an alert to the Lightpath's Network Management Center WiFi team that a change has been detected. A backup of the configuration file before the changes are made is archived so that if a change needs to be backed out it can be easily facilitated. e. 24 x 7 Support—Customer will have the ability to open tickets 24 x 7 with Lightpath's Network Management Center by calling 866-611-3434 or via Customer web portal. F. Exclusions—Customer is responsible for all end user support and end user devices. Lightpath will not provide helpdesk access to support end user devices. a Page 77 of 134 Page 185 of 298 SCHEDULE [ INSURANCE 1. Prior to commencing work, Lightpath shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best's financial rating of A-or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. Lightpath or the policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, return receipt requested, for all of the following stated insurance policies. All notices shall name Lightpath 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, Lightpath shall upon notice to that effect from the County, promptly obtain a new policy, submit the same to the Department of Risk Management of the County of Westchester for approval and submit a certificate thereof. Upon failure of Lightpath to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of Lightpath to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve Lightpath from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of Lightpath concerning indemnification. All property, damages losses to County property 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 or other insurance available to Lightpath are filed by reason of Lightpath's negligent acts or omissions under the Agreement or by virtue of the provisions of the labor law or other statute or any other reason, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due Lightpath until such time as Lightpath shall furnish such additional security covering such claims in form satisfactory to the County of Westchester. 2. Lightpath shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the "Special Conditions"of the contract specifications): (a) Workers' Compensation. Certificate form C-105.2 or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County,New York." Page 78 of 134 Page 186 of 298 Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both, the employer must complete NYS form CE-200, available to download at: http://www.web.ny.pov/. If the employer is self-insured for Worker's Compensation; he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12, Certificate of Workers' Compensation Self-Insurance, or GSI-105.2, Certificate of Participation`in Workers' Compensation Group Self-Insurance). (b) Employer's Liability with minimum limit of S 100.000. (c) Commercial General Liability Insurance with a minimum limit of liability per occurrence of$1,000,000 for bodily injury and 5100,000 for property damage or a combined single limit of$1,000,000 (c.s.1), naming the County of Westchester as an additional insured. This insurance shall include the following coverages: (i) Premises-Operations. (ii) Broad Form Contractual. (iii) Independent Contractor and Sub-Contractor. (iv) Products and Completed Operations. (d) Automobile Liability Insurance with a minimum limit of liability per occurrence of S 1,000,000 for bodily injury and a minimum limit of 5100,000 per occurrence for property damage or a combined single limit of 51,000,000 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages: (i) Owned automobiles. (ii) Hired automobiles. (iii) Non-owned automobiles. 3. All policies of Lightpath shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or-subrogation against the County of Westchester(including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County of Westchester is named as an insured, shall not apply to the County of Westchester. (c) The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester(including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. Page 79 of 134 Page 187 of 298 (d) Any and all deductibles in the above described insurance policies shall be assn ned by and be for the account of,and at the sole risk of, Lightpath. [NO FURTHER TEXT ON THIS PAGE] Page 80 of 134 ` Page 188 of 298 CERTIFICATE OF LIABILITY INSURANCE 7ATE077(05(210MOIYYYY, 076 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSUR provislons or be entlorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on q' c this certiFicate does not confer rights to the certificate holder in lieu of such endorsement{s}. � PRODUCER CON1EACT 0 Aon Risk Services Northeast, Inc. N New York NY Office (AC.NOXMI; (Bfifi3 783-7122 ag Nu_ BDO-363-0105.' d 199 water street EMAIL New York NY 10038-3551 USA - ADDRESS: _ INSVRER(5)AFFORDING COVERAGE NAIC t/ INSURED INSURER A. National Union Fire Ins CO of Pittsburgh 19445 Cablevision Lightpath, Int. INSURER B: Now Hampshire Ins co 123841 1111 Stewart Avenue Bethpage NY 11714 USA INSURER C: ACE Property &Casualty rnsurance Co. 20699 _ INSURER D: ' INSURER E INSURER R COVERAGES CERTIFICATE NUMBER:570062915958 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED CR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE INSD WVD POLJCYNUMBER MMfOOIYYYY MMIO IYYYY umrra X COMMERCIAL GENERAL LIABILITY GL EACH OCCURRENCE $500,000 :CLAIMS•MAD£ MOCCUR SIR applies per policy tens & condiions -- $500,000 PREMISES EAnc—rce X SIR S500,000 MED EXP(Any—parson) ' PERSONALaADVINJURY $500,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $10,000,000 PRO- POLICY EJECT LOC PRCOUCTS•COIAP/OP AGO $1,000,000 0 A AUTOMOBILE LIABILITY CA 3434157 05/15/2016 05/15/2017 COYB14ED BNGLE LI.WT 53,000,000 X AN'AUTO BODILY INJURY(Per p—) O 2 OWNED SCHEDULE) BODILY INJURY(Pef ic3dev) p AUTOS ONLY ALTOS HAEDAUTOS NON-OWNED PROPERTY DAMAGE "Y AUTCSONLY IF., actldenl •Y C x UMBRELLALIAB x OCCUR 628118776001 05/15/2U15 05 25 2017m EACH OCCURRENCE $5,000,000 U EXCE99 LIAR CAAVAS.VADE AGGREOATE $5}000,000 DEO I X RETENTION 110,000 I II 1 8 WORKERS COMPENSATION AND WCO20681792 OS 15 72o—iE05/15/2017 DTH. EM1iPLOYERa'LIABILITY YIN X-[-FA-`T. ANY PROPRIETOR/PARrNER(EXECUTIVE ELEACHACCIDENT $1,000,000 OFFICEWMEMBEREXCLUDE07 NIA I Mandatory in NM E.L.OISEASE-EA.EMPLOYEE $1,000,000 Ifoa•deacd6A under DESCRIPTION OF OPERATIONS Waw E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Ramada Sehedule,may ba atUchod It mpry space h raquknd) county of Westchester is included as Additional insured on the General Liability, Automobile Liability and Umbrella Liability j policies 1f required by agreement. A Waiver of Subrogation is granted in favor of certificate Holder in accordance with the policy provisions of the General Liability, Automobile Liability and Workers' compensation policies. ii CERTIFICATE HOLDER CANCELLATION - SHOULD ANV OF THE ABOVE DESCRIBED POLICIES RE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL RE DELIVERED[N ACCORDANCE WTH THE POLICY PROVISIONS. County of Westchester AUTHORLZED REPRESENTATIVE Michaelian office Building 148 Martine Avenue white aloins NY 10601 use ©4988-2016 ACORD CORPORATION.All rights reserved. ACORD 25(20f$f(13) The ACORD name and logo are registered marks of ACORD I Page 189 of 298 STATE OF NEW YORK WORKERS'COMPENSATION BOARD CERTIFICATE OF INSM%JNCE COVERAGE UNDER THE NYS DISABILITY BENEFITS LAW • i PART 1. To Be completed by Disability Benefits carrier or Licensed Insurance Agent of that Carrier i la,Legal Name and Address of Insured(Use street address only) I b.Business Telephone Number of Insured Cablevision Lightpath Inc. to. NYS Unemployment Insurance Employer Registration Number of Insured 1111 Stewart Avenue Bethpage,NY 11714 Id.Federal Employer Identification Number of Insured or Social Security number 11-3052355 2. Name and Address of the Entity Requesting Proof of Coverage 3a.Name of Insurance Carrier (Entity Being Listed as the Certification Holder) Metropolitan Life Insurance 3b.Policy Number of entity listed in box'la'% County of Westchester 117643 Michaelian Office Building 3c.Policy effective period; 148 Martine Avenue .January 1,2005 to Cancellation Vlrhite Plains,NY 10601 ll9120.1 valid:.Ittne 30,2016 to Jane 30,2017 4.1bolicy covers: 1 a. X All of She employer's employees eligible under the New York Disability Benefits law b. Only the following class or Gasses of the employer's employees: Under penally of perjury,I certify that I am authorized representative or licensed agent of the insurance carrier referenced above and that the named insured has NYS Disability insurance coverage as described above. ' DateSigncd June 30.2016 BY (Signature of carrier's authorized representative(currently on file with DB Bureau) Tel.No.:( 678) 319-1602 Tide State Plan Ansivst IMPORTANT: Ifbox'4e'is checked,and this form is signed by the insurance carver's nuthorced mpresentative m NYS Licensed Insuanee Ageta of that carver. This ckificate is Completed. Mail it directly to the certificate holder. if box"41a"is checked,this certificate is NOT COMPLETE for purposes of Section 220,Subd.R of the Disability Benefits Law. It must be mailed for completion to the Workers'Compensation Board,DB Plans Acceptance Unit,20 Park Street,Albany,New York 12207 i PART 2. TO BE COMPLETED BY NYS WORKER'S COMPENSNI-ION BOARD(Only if box"b"of Pan 2 has been checked STATE OF NEW YORK WORKERS'COMPENSATION BOARD According to information maintained by the NYS Workers'Compensation Board,the above-named employer has complied with the NYS Disability Benefits Law with respect to all of his/her employees. ' t Dane Signed By ! (Signature of NYS Workers'Compensation Board Employees) Tel,No.( I _ Tide t Please Note:Only Insurance carriers licensed to write NYS disability benefits insurance policies and NYS licensed insurance agents of those carriers are authorized to issue Form DB-120.1. Insurance brokers are NOT authorized to issue this form. DB-120.1(5-06) Page 190 of 298 STATE OF NEW YORK WORKERS'CONIPENSATION BOARD CERTIFICATE OF NYS WORKERS' COV[PENSATION INSURANCE COVERAGE la. Legal Name S Address of Insured(Use street address only) I b. Business Telephone Number of Insured 516-803-1700 Cablevision Media Sales Corporation I I l l Stewart Avenue Ic.NYS Unemployment Insurance Employer Bethpage,NY 11714 Registration;`lumber of Insured Work Location of Insured(Onlr reyuireil if'cot,ertige is spec•ifiefilll° littrited to certain locations in !Vew fork Stale, i.e., it 11•�rap-Up Id. Federal Employer Identification Number of Insured Polis)) or Social Security Number 11-2711741 2.Name and Address of the Entity Requesting Proof of 3a. Name of Insurance Carrier Coverage(Entity Being Listed as the Certificate Holder) New Hampshire Insurance Company 3b.Policy Number of entity listed in box"la" Westchester County Department of Public Works and WCO20681793 Transportation lab Martine Avenue,Room 522 3c. Policy effective period White Plains,New York 10601 5/15/2016 to 05/15/2017 3d. The Proprietor.Partners or Executive Officers are X included. (fink check bot Volt partnei:slotficers included) :ill excluded or certain partners/officers excluded. This certifies that the insurance carrier indicated above in box '`3" insures the business referenced above in box "la" for workers' compensation under the New fork State Workers'Compensation Law.(To use this form:New York(NY)must be listed under Item 3A on the INFORMATION PAGE of the workers'compensation insurance policy). The Insurance Carrier or its licensed agent will send this Certificate of Insurance to the entity listed above as the certificate holder in box"2". The Insurance Carrier will also noli&the above certrficcue holder within 10 dUrs IF a polio•is canceled due to nonpmmrerrl of prewimns or within 30 days IF there are reasons other than nonpayment of preinh nts that cancel the police or eliminate the insurer!frau the coverage indicated on this Certificate. (These notices nrgr he sera fir•regular mail.) Otherwise,this Certific•oie is valid{for•one pearufter this fornt is approved by the insurance carrier or its licensed agent.or until thepolicy axIiiration date lister/in hoc'Ve",whichever is earlier. Please Note: Upon the cancellation of the workers' compensation police indicated on this form,if the business continues to be named on a permit,license or contract issued by a certificate holder,the business must provide that certificate holder with a new Certificate of Workers'Compensation Coverage or other authorized proof that the business is complying with the mandatory coverage requirements of the New York State Workers'Compensation Law. Under penally of perjury,I a-(if° `�A an authorized representative or-licensed agent of the insurance carrier rer'erenced above and that the named insured a h yer•age as depicted on this form. Approved by: (Prins name ofamhorized reprrsentativc or licensed went of insurance carrier) Approved by: TREVOR GALLAGHER 6/9/2016 (S ienature) I Dare Title: ATTORNEY-1N-FACT Telephone Number of authorized represeniative or licensed agent of insurance carrier: (212)770-7000 Please A'ote: Only insurance carriers and their licensed ugenis are outhori_ed to issue Form C-105,2, Insurance brokers are NOT awhori_ed to issue it. C-105.2(9-07) wwu°.ucb.state"ny.us Page 191 of 298 4. V Workers' Compensation Law Section 57. Restriction on issue of permits and the entering into contracts unless compensation is secured. 1. The head of a state or municipal department,board,commission or off-ice authorized or required by law to issue any permit for or in connection with any work involving the employment of employees iii a hazardous employment defined bythis chapter,and notwithstanding an,.,general or special statute requiring or authorizing the issue of such permits,shall not issue such permit unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair,that compensation for all employees has been secured as provided by this chapter.Nothing herein,however.shall be construed as creating any liability on the part of such state or'municipal department.board, commission or office to pay any compensation to any such employee if so employed. ?. The head of a state or municipal department.board,commission or office authorized or required by law to enter into any contract for or in connection with any hvork involving the employment of employees in a hazardous employment defined by this chapter,nonvithsianding any general or special statute requiring or authorizin=anv such contract,shall not enter into any such contract unless proof duly subscribed by an insurance carrier is produced in a form satislactoiy to the chair.that compensation for all employees has been secured as provided by this chapter. C-105 2(9-07)Reverse Page 192 of 298 SCHEDULE J QUESTIONNAIRE REGARDING BUSINESS ENTERPRISES OWNED AND CONTROLLED BY WOMEN OR PERSONS OF COLOR As part of the County's program to encourage the meaningful and significant participation of business enterprises owned and controlled by persons of color or women in County contracts, and in furtherance of Section 308.01 of the Laws of Westchester County, completion of this form is required. A "business enterprise owned and controlled by women or persons of color" means a business enterprise, including a sole proprietorship, limited liability partnership, partnership, limited liability corporation,or corporation, that either: 1.) meets the following requirements: a. is at least 51% owned by one or more persons of color or women; b. is an enterprise in which such ownership by persons of color or women is real, substantial and continuing; c. is an enterprise in which such ownership interest by persons of color or women has and exercises the authority to control and operate, independently, the day-to-day business decisions of the enterprise; and d. is an enterprise authorized to do business in this state which is independently owned and operated. 2.) is a business enterprise certified as a minority business enterprise("MBE") or women business enterprise ("WBE") pursuant to Article 15-a of the New York State Executive Law and the implementing regulations, 9 New York Code of Rules and Regulations subtitle N Part 540 et seq., OR 3.) is a business enterprise certified as a small disadvantaged business concern pursuant to the Small Business Act, 15 U.S.C. 631 et seq., and the relevant provisions of the Code of Federal Regulations as amended. Please note that the term "persons of color," as used in this form, means a United States citizen or pennanent resident alien who is and can demonstrate membership of one of the following. groups: (a) Black persons having origins in any of the Black African racial groups; (b) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin regardless of race; (c) Native American or Alaskan native persons having origins in any of the original peoples of North America;or (d) Asian or Pacific Islander persons having origins in any of the Far East countries, South East Asia,the Indian subcontinent or the Pacific Islands. Page 81 or 134 Page 193 of 298 z 1, Are you a business enterprise owned and controlled by women or persons of color in accordance with /the standards listed above? {� No Yes Please note: If you answered "Yes" based upon certification by New York State and/or the Federal government,official documentation of the certification must be attached. 2. If you answered "Yes" above, please check off below whether your business enterprise is owned and controlled by women,persons of color,or both. Women Persons of Color(please check o f below all Thal apply) Black persons having origins in any of the Black African racial groups Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin regardless of race Native American or Alaskan native persons having origins in any of the original peoples of North America Asian or Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian sub-continent or the Pacific Islands Name of Business Enterprise: Cablevision Lightpath,Inc. Address:200 Jericho Quadrangle;Jericho,New York 11783 N rrle and Title f person completing questionnaire:Joe Flynn,SVP Sales ignature: Notary ubfic Date ANGEL RELLA Notary Public, State of New York Registration No. OIRE6149785 Qualified in Queens County COMMinalon txplro Jelly 1:7, 201 Page 82 of 134 Page 194 of 298 SCHEDULE K CERTIFICATION REGARDING BUSINESS DEALINGS WITH NORTHERN IRELAND A. The Contractor and any individual or legal entity in which the Contractor holds a ten percent (10%) or greater ownership interest and any individual or legal entity that holds a ten percent (10%) or greater ownership interest in the Contractor (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Principles. B. For purposes of this Certification, "MacBride Principles" shall mean those principles relating to nondiscrimination in, employment and freedom of workplace opportunity which require employers doing business in Northern Ireland to: (1) increase the representation of individuals from underrepresented religious groups in the work force, including managerial,supervisory; administrative,clerical and technical jobs; (2) take steps to promote adequate security for the protection of employees from underrepresented religious groups both at the workplace and while traveling to and from work; (3)ban provocative religious or political emblems from the workplace; (4) publicly advertise all job openings and make special.recruitment efforts to attract applicants from underrepresented religious groups; (5) establish layoff, recall and tennination procedures which do not in practice favor a particular religious group; (6) abolish all job reservations, apprenticeship restrictions and differential employment criteria which discriminate on the basis of religion; (7) develop training programs that will prepare substantial numbers of current employees from underrepresented religious.groups for skilled jobs, including the expansion of existing programs and the creation of new programs to train; upgrade and improve the skills of workers from underrepresented religious groups; (8) establish procedures to assess, identify and actively recruit employees from underrepresented religious groups with potential for further advancement; and (9) appoint a senior management staff member to oversee affinnative action efforts and develop a timetable to ensure their full implementation. C. For purposes of this Certification, "Northern Ireland"shall be understood to be the six counties partitioned from the Irish Province of Ulster, and administered from London and/or from Stonnont. D. The Contractor agrees that the warranties and representation in paragraph "A" are material conditions of this Agreement. If the County receives information that the Contractor is in violation of paragraph "A", the County shall review such information and give the Contractor opportunity to respond. If the County finds that such a violation has occurred, the County may declare the Contractor in default, and/or tenninate this Agreement. In the event of any such tennination, the County may procure the supplies, services or work from another source in accordance with applicable law. The Contractor shall pay to the County the difference between Page 195 of 298 the contract price for the uncompleted portion of this Agreement and the cost to the County of completing performance of this Agreement either by itself or by engaging another Contractor. If this is a contract other than a construction contract, the Contractor shall be liable for the difference in price if the cost of procurement from another source is greater than what the County would have paid the Contractor plus any reasonable costs the County incurs in any :new procurement and if this is a construction contract,the County shall also have the right to hold the Contractor in partial or total default in accordance with the default provisions of this Agreement. In addition, the Contractor may be declared not to be a responsible bidder or proposer for up to three(3)years,following written notice to the Contractor, giving the Contractor the opportunity for a hearing at which the Contractor may be represented by counsel. The rights and remedies of the County hereunder shall be in addition to, and not in lieu of, any rights and remedies the County has pursuant to this Agreement or by operation of law or in equity. Agreed: Name of Contractor: Cablevision Lightpath,Inc. Signature(Authorized Representative): Name:Joe Flynn Title: SVP, Saes Date:17Z. Contract#: Name of Contractor: Page 196 of 298 SCHEDULE L REQUIRED DISCLOSURE OF RELATIONSHIPS TO COUNTY A potential County contractor mast complete this form as part of the proposed County contract. 1.) Are any of the employees that the Contractor will use to carry out this contract also a County officer or employee,or the spouse,child,or dependent of a County officer or employee? Yes No If yes,please provide details(attach extra pages, if necessary): 2.)Are any of the owners of the Contractor or their spouses a County officer or employee? Yes No_X_ If yes,-please provide details(attach extra pages,if necessary): 3.) Do any County officers or employees have an interest' in the Contractor or in any approved subcontractor that will be used for this contract?* Yes No *With respect to questions I and 3, Cablevision Lightpath, Inc. does not maintain records concerning any "County officer or employee, or the spouse, child; or dependent of a County officer or employee", and is unable to answer these questions. If yes, please provide details(attach extra pages, if necessary): By signing below; I hereby certify that I am authorized to.complete this form for the Contractor. Signature: Name: J-0 F n Title: sl Say fes "Interest"means a direct or indirect pecuniary or material benefit accruing to a County officer or employee,his/her spouse,child or dependent,whether as the result of a contract with the County or otherwise.For the purpose of d is form,a County officer or employee shall be deemed to have an"interest" in the contract of: a.) His/her spouse,children and dependents,except a contract of employment with the County,- b.) A firm,partnership or association of which such officer or employee is a member or employee: c.) A corporation of which such officer or employee is an officer.director or employee:and d.) A corporation of which more than five(5)percent of the outstanding capital stock is owned by any of the aforesaid parties. Page 197 of 298 Date: Page 198 of 298 SCHEDULE M CRIMINAL BACKGROUND DISCLOSURE INSTRUCTIONS Pursuant to Executive Order 1-2008, the County is required to maintain a record of criminal background disclosure from all persons providing work or services in connection with any County contract, including leases of County-owned real property and licenses: a.) If any of the persons providing work or services to the County in relation to a County contract are not subject to constant monitoring by County staff while perfonning r tasks and/or while such persons are present on County property pursuant to the County contract; and b.) If any of the persons_providing work or services to the County in relation to a County contract may, in the course of providing those services, have access to sensitive data (for example SSNs and other personal/secure data); facilities (secure facilities and/or communication equipment); and/or vulnerable populations (for example, children, Seniors, and the infinn). In those situations, the persons who must provide a criminal background disclosure ("Persons Subject to Disclosure") include the following: a.) Consultants, Contractors, Licensees; Lessees of County-owned real property, their principals, agents, employees, volunteers or any other person acting on behalf of said Contractor; Consultant, Licensee, or Lessee who is at least sixteen (16) years old, including but not limited to Subconsultants, Subcontractors, Sublessess, or Sublicensees who are providing services to the County, and b.) Any family member or other person, who is at least sixteen (16) years old, residing in the household of a County employee who lives in housing provided by the County located on County property. Under Executive Order 1-2008, it is the duty of every County Consultant, Contractor, Licensee, or Lessee to inquire of each and every Person Subject to Disclosure and disclose whether they have been convicted of a crime or whether they are subject to pending criminal charges, and to submit this form with that infortnation. Accordingly, you are required to complete the attached Criminal Background Disclosure Form and Certification. Please note that under no circumstances shall the existence of a language barrier serve as a basis for the waiver of or an exception from the disclosure requirements of Executive Order 1-2408. If translation services are required by the Consultant, Contractor, Licensee, or Lessee to fulfill this obligation, it shall be at the sole cost and expense of the Consultant, Contractor, Licensee, or Lessee. Please also note that the conviction of a crime(s) and/or being subject to a pending criminal For these disclosures,a"crime"or"pending criminal charge"includes all felonies and misdemeanors as defined under the New York State Penal Law or the equivalent under Federal law or the laws of any other State. Page 199 of 298 charge(s) will not automatically result in a denial of a person's right to work on a County contract, right to be on County property, or license, but may, if the County detennines that the prior conviction(s) or pending criminal charge(s) create an unacceptable risk. However, if a person fails to list or falsifies any part of his/her conviction history or any pending criminal charge(s) for any reason, he/she may be prohibited from working or being on County property without any risk assessment. If it is,later detennined that a Person Subject to Disclosure failed to disclose a criminal conviction or pending criminal charge for any reason, his/her right to work on a County contract;be on County property, or license may be-tenninated at any time. Please further note that, pursuant to Executive Order 1-2008, and subject to the applicable provisions of New York Correction Law SS 752 and 753, the County has the right to bar a Person Subject to Disclosure from,providing work or services to the County or from being on County property if any such person has: a.) A conviction of a crime(s); b.) A pending criminal proceeding for a crime(s); or c.) Refused to answer questions concerning his/her criminal background Please finally note that any failure by a County Consultant, Contractor, Licensee, or Lessee to comply with,the disclosure requirements of Executive Order 1-2008 may be considered by the County to be a material breach and shall be grounds for immediate termination by the County of the related County contract. Exemptions Executive Order 1-2008 exempts from the aforementioned disclosure requirements Persons Subject to Disclosure: a.) for whom the County has already conducted a background check and issued a securify clearance that is in full force and effect, and b.) for whom another state or federal agency having appropriate jurisdiction has conducted a security and/or background clearance or has implemented other protocols or criteria for this purpose that apply to the subject matter of a County contract that is in full force and effect. If you are claiming an exemption for one or more Persons Subject to Disclosure; you must notify the Procuring Officer'. The Procuring Officer will then determine whether the Person(s) Subject to Disclosure are actually exempt, and provide written notification of his/her detennination. If the Procuring Officer determines that a Person Subject to Disclosure is not exempt,the Procuring Officer will notify you of that determination, and you will have to include disclosures for that person on your Criminal Background Disclosure Form and Certification. Subconsultants,Subcontractors,Sublessees,or Sublicensees 'Procuring Officer"shall mean the head of the department or the individual or individuals authorized by the head(s) of the department(s)undertaking the procurement and with respect to those matters delegated to the Bureau of Purchase and Supply pursuant to Section 161.1[(a)or the Laws of Westchester County,the Purchasing Agent. Page 200 of 298 Under Executive Order 1-2008, it is your duty to ensure that any and all approved subconsultants, subcontractors, sublessees, or sublicensees complete and submit the attached Criminal Background Disclosure Form and Certification for all of their respective Persons Subject to Disclosure. This must be done before such a subconsultant, subcontractor, sublessees, or sublicensees can be approved to perform work on a contract. New Persons Subject to Disclosure Under Executive Order 1-2008, you have a CONTINUING OBLIGATION to maintain the accuracy of the Criminal Background Disclosure Fonn and Certification (and any accompanying documentation) for the duration of this contract, including any amendments or extensions thereto. Accordingly, it is your duty to complete and submit an updated Criminal Background Disclosure Fonn and Certification whenever there is a new Person Subject to Disclosure for this contract. NO NEW PERSON SUBJECT TO DISCLOSURE SHALL PERFORM WORK OR SERVICES OR ENTER ONTO COUNTY PREMISES UNTIL THE UPDATED CRIMINAL BACKGROUND DISCLOSURE FORM AND CERTIFICATION IS FILED WITH THE PROCURING OFFICER. You shall also provide the County with any other updates that may be necessary to comply with the disclosures required by Executive Order 1- 2008. PLEASE CONTINUE TO THE Criminal Background Disclosure Form and Certification BEGINNING ON THE NEXT PAGE_ Page 201 of 298 Contract 4: Name of Contractor:Cablevision Lightpath,Inc. CRIMINAL BACKGROUND DISCLOSURE FORM AND CERTIFICATION If this form is being completed by a subconsultant,subcontractor,sublessee,or sublicensee, please considdr all references in this form to"consultant,contractor, lessee,or licensee"to mean "subconsultant,subcontractor,sublessee,or sublicensee"and check here: l_Qhd§1ophcr Rabii,certify that I am authorized to complete and execute this Criminal Background Disclosure Form and Certification. I certify that each Person Subject to Disclosure has been asked the following questions: • Have you or your company ever been convicted of a crime(all felonies and misdemeanors as defined under the New York State Penal Law or the equivalent under Federal law or the laws of any other State)including,but not limited to, conviction for commission of fraud,embezzlement,theft,forgery,bribery, falsification or destruction of records,making false statements or receiving stolen property? • Are you or your company subject to any pending criminal charges(all felonies and misdemeanors as defined under the New York State Penal Law or the equivalent under Federal law or the laws of any other State)? I certify that the names and titles of Persons Subject to Disclosure who refused to answer either of the questions above are: 1. 2. 3. 4. 5. (If more space is needed,please attach separate pages labeled"REFUSED to Answer-Continued.") Page 89 of 134 Page 202 of 298 I certify that the names and titles of Persons Subject to Disclosure who answered "Yes" to either of the questions above are: 1. 2. 3. 4. 5. (If more space is needed,please attach separate pages labeled"YES Answers-Continued.") Each Person Subject to Disclosure listed above who has either been convicted of a crime(s) and/or is subject to a pending criminal charge(s) must answer additional questions. Those questions are below. A Person Subiect to Disclosure who has been convicted of a crime(s) must respond to the following (please attach separate pages with responses for each person,with their name and title): 1.) Describe the reason for being on County property if applicable, identify the specific duties and responsibilities on this project which you intend to perform for the County, including but not limited to, access to sensitive data and facilities and access to vulnerable populations. 2.) Please list all criminal convictions along with a brief description of the crime(s) (including all felonies and misdemeanors as defined under the New York State Penal Law or the equivalent under Federal law or the laws of any other State). 3.) Please provide the date and place of each conviction. 4.) Please provide your age at the time of each crime for which you were convicted. 5.) Please provide the legal disposition of each case. 6.) Please provide any information either produced by yourself or someone on your behalf in regards to your rehabilitation and good conduct. A Person Sub'ect to Disclosure who is sub'eet to a pending criminal charge(s) must respond to the following (please attach separate pages with responses for each person,with their name and title): 1.) Describe the reason for being on County property and if applicable, identify the specific duties and responsibilities on this project which you intend to perform for the County, including but not limited to, access to sensitive data and facilities and access to vulnerable populations. 2.) Please identify all pending criminal charges (all felonies and misdemeanors as defined under the New York State Penal Law or the equivalent under Federal law or the laws of any other State). 3.) Please briefly describe the nature of the pending charges and the date upon which it is alleged that a crime was committed. Page 90 of 134 Page 203 of 298 I hereby certify that all of the information provided herein(and in any and all attachments)is true and accurate and that all disclosures required by Executive Order 1-2008 and this Criminal Background Disclosure Form and Certification have been completed. By my signature below, I hereby affirm that all of the facts; statements and answers contained herein (and in any and all attachments) are true and correct. I understand that providing false or incomplete information or withholding by omission or intention pertinent information will be cause for refusing further consideration of my being utilized under this contract. It is understood and agreed that no Person Subject to Disclosure shall perform work or services or enter onto County property until this required Criminal Background Disclosure Form and Certification is filed with the Procuring Officer. It is understood and agreed that to the extent that new Persons Subject to Disclosure are proposed to perform work or provide services under this contract after filing of this Criminal Background Disclosure Form and Certification with the Procuring Officer, such new Persons Subject to Disclosure shall not perform work or provide services or enter into County property until an updated Criminal Background.Disclosure Form and Certification has been filed with the Procuring Officer. It is further understood and agreed that the consultant, contractor, lessee, or licensee has a continuing.obligation to maintain the accuracy of the Criminal Background Disclosure Form and Certification for the duration of this contract, including any amendments or extensions thereto, and shall provide any updates to the information to the County as necessary to comply with the requirements of Executive Order 1-2008. Signature: Name: Christopher Rabii Title: SVP,Op ration &CT Date: � O Lightpath 2.L� �l6 1 / otary Public Date ANGEL RELLA Notary Publle, state of New York Registration No. 01RE6149785 Qualified in Queens County COMMission Expires July 17, 20/,' Page 91 of 134 Page 204 of 298 SCHEDULE N [INTENTIONALLY OMITTED] Page 92 of 134 Page 205 of 298 SCHEDULE O LIST OF WESTCHESTER COUNTY PREMISES (Not ineludinp_Interested Participants) Name Location Address 450 Saw Mill River Road ARDSLEY 450 Saw Mill River Road VE MACY PARK ARDSLEY 900 SAW MILL RIVER RD Fox Lane High School-Radio Tower Site BEDFORD Route 172;632 Bedford Road DEF-ARCHVILLE PUMP STATION- DATA BRIARCLIFF MANOR 1 ARCH HILL KEMEYES COVE BRIARCLIFF MANOR EAST SIDE OF KEMEYES DEF-BRIARCLIFF PUMP STATION BRIARCLIFF MANOR ROUTE 9A Central'Paimertraffic BRONXVILLE 0"15almer Rd Trafflc,Light-.j QQQ Palmer_Rd Pole _„BRONXVILLE .,_;1000 PALMERRD.POLE County PolicelCortlandt Town Hall CORTLANDT MANOR 1 Heady Street DEF Cortlandt Manor Scale Operation CORTLANDT MANOR 167 ROA HOOK ROAD Blue Mountain Reservation- Sportsman Center CORTLANDT MANOR 183 Watch Hill Road _ DEF Yorktown Garage CORTLANDT MANOR 3800 Crompound Road , Routes 35 and 121 (1 Reservation Ward Pound Ridge Reservation CROSS RIVER Road) Routes 35 and 121 (11 Reservation Trailside Museum CROSS RIVER Road) Ward Pound Ridge Reservation-Park Routes 35 and 121 (6 Reservation Office CROSS RIVER Road) Croton Point Park CROTON ON HUDSON 1A Croton Point Avenue DEF-CROTON PUMP STATION CROTON ON HUDSON MUNICIPAL PL DEF-DOBBS FERRY PUMP STATION DOBBS FERRY 100 NORTH County Record Center ELMSFORD 2199 Saw Mill River Road IT Warehouse/Bureau of Purchase& Supply ELMSFORD 375 Executive Blvd PRC-RIDGE RD COUNTY PARK HARTSDALE 287 RIDGE RD DEF-JACKSON AV PUMP STATION HASTINGS ON HUDSON OLD JACKSON AV DEF-HASTINGS PUMP STATION HASTINGS ON HUDSON WEST SIDE OF METRO NORTH Public Safety Headquarters HAWTHORNE 1 Saw Mill River Road DEF-PUMP STATION-GATES OF HEAVEN HAWTHORNE 10 W STEVENS AV ti TMC HAWTHORNE 200 Bradhurst Ave DEF-HAWTHORNE PUMP STATION HAWTHORNE BROADWAY DEF-IRVINGTON PUMP STATION IRVINGTON S BUCKOUT ST DEF-WOODBINE PUMP STATION LARCHMONT 0 WOODBINE AV DEF-LARCHMONT-MAMARON ECK JOINT SANITATION COMMISSION LARCHMONT 41 MAXWELL AV Page 93 of 131 Page 206 of 298 DEF-COVE RD PUMP STATION LARCHMONT DELANCEY COVE RD DEF-FLINT AVE PUMP STATION LARCHMONT FLINT AVENUE&QUARRY RD DEF-FLINT PARK PUMP STATION LARCHMONT FLINT PARK RD DEF-CIRCLE AVE PUMP STATION LARCHMONT LARCHMONT MANOR PARK DEF-Magnolia Avenue Station LARCHMONT MAGNOLIA AVENUE DEF-BEACH PUMP LARCHMONT PARK AV Mamaroneck Wastewater Tx Facility MAMARONECK 199 West Boston Post Road DEF-MAMARONECK EDGEWATER PUMP STATION MAMARONECK FLAGLER DR DEF-MAMARONECK EAST BASIN PUMP HOUSE MAMARONECK GUION DR DEF-MAMARONECK FENIMORE PUMP MAMARONECK MAMARONECK FENIMORE DEF-WEST BASIN MAMARONECK PUM STATION MAMARONECK ORIENTA AV DEF-WEAVER ST PUMP STATION MAMARONECK PALMER AV Westchester Ave Traffic MAMARONECK Westchester Ave White Plains Ave PRC-GEORGE ISLAND MONTROSE DUTCH ST Mount Kisco DO MOUNT KISCO 25 Moore Ave PRC-MERESTEAD ESTATES MOUNT KISCO 455 BYRAM LAKE RD Mount Kisco WCPD Green St. Pole#8 MOUNT KISCO Green St County'Police�TraffcCamera=Pole#T ' 17 MOUNT KISCO Intersection Maple Avenue 1 Route 133 CNTYPolice Traffic Camera Pole W12 Parking MOUNT KISCO °Maple.Ave , Mount Kisco WCPD Gatto Dr. Pole#W1 MOUNT KISCO Pole#W1 Westchester County Police Pole#13 KV ,;, Route.1 17.Intersection_Route,033.1. /W2 �''' MOUNT KISCO Route 117 Mount Vernon DO MOUNT VERNON 100 E. 1st Street Wilsons Woods Park-Swimming Pool MOUNT VERNON 8 Bradford Road New Rochelle Wastewater Tx Facility NEW ROCHELLE 1 Le Fevre Lane Health Dept. NEW ROCHELLE 145 Huguenot 175 Wilmot Rd-Radio Tower NEW ROCHELLE 175 Wilmot Road Chase Department Environmental Facility&DSS NEW ROCHELLE . 270 North Ave Family Court/Probation.IDSS NEW ROCHELLE . 420 North Ave DA Office NEW ROCHELLE 475 North Ave DEF-FIFTH AV PUMP STATION NEW ROCHELLE FIFTH AV DEF-FORT SLOCUM PUMP STATION NEW ROCHELLE FORT SLOCUM RD Glen Island Park NEW ROCHELLE Pelham Road DEF-NEW ROCHELLE PUMP STATION NEW ROCHELLE SUTTON MANOR Mountain Lakes Park-Radio Tower Site NORTH SALEM 181 Keeler Lane Page 94 of 134 Page 207 of 298 Mountain Lakes Camp NORTH SALEM 201 Hawley Road MOUNTAIN LAKES PARK TOWERS NORTH SALEM MOUNTAIN LAKES PARK TOWER Ossining Radio Tower OSSINING 10 Pines Bridge Road Hudson Hills Golf Course OSSINING 400 Croton Dam Road Ossining Wastewater Tx Facility OSSINING 75 Westerly Road DEF-CROTONVILLE PUMP STATION OSSINING OLD ALBANY POST RD Benefield Radio Tower PEEKSKILL 181 Benefield Blvd One Stop Peekskill PEEKSKILL 201 South James Street - BLUE MOUNTAIN RESERVATION PEEKSKILL 415 Welcher Ave Peekskill Wastewater Tx Facility PEEKSKILL 700 Highland Avenue Peekskill DO PEEKSKILL 750 Washington Street DEF-PEEKSKILL PUMP STATION PEEKSKILL HIGHLAND AV DEF-WATER ST PUMP STATION PEEKSKILL N WATER ST Rte 202135 and Wood III West Traffic Rte 202135 and Wood III West Traffic Light 80 PEEKSKILLLight 80i. Pelham Parkway,and'Secor Road Pelham Parkway and'Secor Road Fulton Drawbridge PELHAM MANOR Fulton Drawbridge WEST HEALTH DEPT PORT CHESTER 1 Gateway Plaza United Water Tower PORT CHESTER 26 Summit Ave Port Chester Wastewater Tx Facility PORT CHESTER 77 Fox Island Road ILingStreet and Willet Street PORT CHESTER King Street and Willet Street Adams Lane Radio Tower POUND RIDGE 29 Adams Lane DA Office PURCHASE 3010 Westchester Ave - W! , 7-77-7 Lincoln Ave&Anderson Hill Rd PURCHASE Lincoln Ave and Anderson Hill Rd_ 1 Blind Brook Wastewater Tx Facility RYE 141 Oakland Beach Ave DEF-GLEN OAKS PUMP STATION RYE GLEN OAKS DR Playland Amusement Park RYE Playland Parkway Midland Ave@MarriottCourtyard RYE BROOK Midland Ave@Marriott Courtyard South RidgeyStreet,and 261 South- "' South Ridge Street•and„261 South' Ridge Street RYE BROOK Ridge Street DEF-MT PLEASANT PUMP STA SCARBOROUGH 29 S COUNTRY CLUB LANE BRONX RIVER PARKWAY SUBSTATION SCARSDALE 166 RIDGE ST Saxon Woods Golf Course SCARSDALE 350 Mamaroneck Road Crane Road &Southbound Bronx River Crane Road&Southbound'Bronx 1 Pkwy SCARSDALE River Pkwy DOiT-SHAFT 22 FACILITY SCARSDALE CRISFIELD ST&SCARSDALE RD DEF-SAXON WOODS PUMP STATION SCARSDALE SAXON WOODS RD DEF-MILL ST PUMP STA SHRUB OAK 3690 MILL ST Muscoot Farm Park SOMERS Route 100 Lasdon Park SOMERS Route 35(2593 Amawalk Rd) Page 95 of 134 Page 208 of 298 PRC Thompson Street TUCKAHOE 111 Thompson Street Labs&Research VALHALLA 10 Dana Road Radio Tower VALHALLA 10 Oval Connector 10 Woods VALHALLA 10 Woods Cerrato Bus Station VALHALLA 101 Grasslands Road DEF VALHALLA 15 Woods Rd Police Academy VALHALLA 2 Dana Road - Woodfield Cottage VALHALLA 20 Hammond House Road VOA VALHALLA 25 Operations Drive Corrections VALHALLA 30 Oval Connector Fire Control VALHALLA 35 Walker Road DPW VALHALLA 35 Woods Road Fire Control VALHALLA 4 Dana Road Corrections New Jail VALHALLA 40 Oval Connector Corrections Womans Jail/Annex VALHALLA 60 Oval Connector Corrections Pen VALHALLA 70 Oval Connector 95 Grasslands VALHALLA 95 Grasslands Rd Kenisco Dam VALHALLA Kensico Dam Plaza Traffic Kensico Rd Columbus Avenue Kensico Rd, Columbus Avenue and and Nanny Hagen VALHALLA Nanny Hagen Road Westchester County Airport/Joint News WHITE PLAINS 1 Loop Road building 1 DSS-10 County Center WHITE PLAINS 10 County Center County Low Rise WHITE PLAINS 110 MLK Boulevard County Court House WHITE PLAINS 111 MLK Boulevard 112 East Post Rd WHITE PLAINS 112 East Post Road Maplemoor Golf Course WHITE PLAINS 1128 North Street DSS-One Stop WHITE PLAINS 120 Bloomingdale Road 123 Main-DA WHITE PLAINS 123 Main Street to MOB 134 Court Street(connected to 112 134 Court WHITE PLAINS EPR) 143 Grand-BoE WHITE PLAINS 143 Grand Street Michaelian Office Bldg WHITE PLAINS 148 Martine Avenue DEF-MAGNOLIA PUMP WHITE PLAINS 16 NORTH BROADWAY PRC-CRANBERRY LAKE PRESERVE WHITE PLAINS 1609 OLD ORCHARD ST Saxon'Woods Pool/Park WHITE PLAINS 1800 Mamaroneck Ave DA Office WHITE PLAINS 188 Tarrytown Road County Center WHITE PLAINS 198 Central Ave Lake Street Maintenance Garage WHITE PLAINS 198 Lake Street Westchester County Airport WHITE PLAINS 240 Airport Road Page 96 of 134 Page 209 of 298 Central County Garage WHITE PLAINS 38 Brockway Street White Plains DO WHITE PLAINS 85 Court Street 85 Tower-Hangar E WHITE PLAINS 85 Tower Rd DEF-GRASSY SPRAIN PUMP STATION YONKERS 0 JACKSON AV Yonkers Wastewater Tx Facility YONKERS 1 Fernbrook Street Dunwoodie Golf Course YONKERS 1 Wasylenko Lane I-Park YONKERS 10 Ashburton Avenue DA Office YONKERS 104 South Broadway(Yonkers PD) LENOIR MANSION YONKERS 1109 N BROADWAY PRC-SPRAIN RIDGE PARK(GARAGE) YONKERS 149 JACKSON AV Sprain Ridge Park YONKERS 149 Jackson Avenue PRC-LENIOR NATURE PRESERVE YONKERS 19 DUDLEY ST t. Health Department YONKERS 20 S. Broadway Sprain Ridge Golf Course YONKERS 290 East Grassy Sprain Road DOIT-POLE-BRONX RIVER RDIYONKERS AVE YONKERS 435 BRONX RIVER RD LIBERTY LINES BUS GARAGE YONKERS 475 Saw Mill River Rd,Yonkers 53 S. Broadway YONKERS 53 S. Broadway Bronx River Pkwy&Scarsdale Rd YONKERS Bronx River Pkwy&Scarsdale Rd DEF-YONKERS PUMP STATION YONKERS LUDLOW ST Tibbetts Brook Park YONKERS Midland Avenue Parkway Rd.Yonkers Ave&Bronx Yonkers Ave.and Bronx River Road YONKERS River Rd DEF-YONKERS MAIN ST. PUMP SOUTH SIDE OF MAIN ST WEST OF STATION YONKERS METRO NORTH TRACKS DPW-HILLTOP HANOVER FARM YORKTOWN HEIGHTS 1260 HANOVER ST DPW-HILLTOP HANOVER FARM- DATA YORKTOWN HEIGHTS 1270-1275 HANOVER ST Mohansic Golf Course-Radio Tower YORKTOWN HEIGHTS 1500 Baldwin Road DA Office YORKTOWN HEIGHTS Commerce Drive Page 97 of t34 Page 210 of 298 SCHEDULE P Product Overview/Descriptions Internet Voice Bundle Overview Product Description: Lightpath's Iniemet/Voice Bundle integrates Lightpath Internet over metro Ethernet,our highly reliable Internet access service delivered over Lightpath's premium Ethernet network with traditional voice services. This service is delivered via 4-fibers,providing<50 nis.network resiliency to all of our customers.Dedicated Internet access is available on port access speeds of 5 Mbps to 1000 Mbps throughout the New York Metropolitan area.Lightpath Internet offers an all-inclusive Internet package, scalable to grow with networking requirements and sized to fit a company's Internet connectivity needs. Lightpath simplifies service implementation by offering an optional Managed Cisco Router for 101mb—500Mb speeds. lnciuded Voice services offer traditional handoffs,including business lines,dedicated T-1,ISDN-PRL SIP Trunking.SIP Call Path. The voice portion of the bundle also includes a variety of Minutes of Use(NlOU)packages. Because we offer traditional TDM voice handoffs,there is no need fora customer to convert their existing voice equipment. The IVB is also a key component for Lightpath's Hosted and Premise Voice over IP services. Common Applications: E-commerce Sales/Marketing Web Presence Research Included Internet Features: Award winning 24x7x365 Customer Service • 4-liber protection Secondary DVS • Web Space IP Allocation Additional Internet Features: • Email Primary DNS Managed Router Internet Technical specifications Available Speeds(Mbps)for 1VB: SMb,IOMb.15M6,20Mb,50Mb,IOOMb,150Mb, 300\1band IOOOMb Customer handoff: For speeds<l OOM,an electrical or R345 handoff'will be supplied. For speeds 150M to 500Mb an electrical handoff is provided, However,an optical or Gbic handofl can be requested via an ICB.- For a 1 OOOMb,Lightpath will provide either an electrical or optical handoff. IP Allocation: Customer will receive up to a Class C(124)with proper network justification. Web Space: 25Mb Static Content External IP: Customer will be given a/30 or I usable IP address to assign to their edge equipment. Optional Managed Router: • Available for an additional fee for services<20 Mbps • Electrical handoff only for 50Mb and 100Mb • Electrical handoff for 150,14b.300Mb and 500Mb o Optional optical handoff availabte via an ICB. • For I000Mb,either as optical or electrical handoll'is available. Managed Router includes: • Standard configunnion for IP routing of LAN/WAN Interfaces:ACL based security (docs not include dynamic routing protocols such as HSRP,OSPF or BGP multi-hop) • Tier 1 Fault Management: • Configuration and Change Management • Customer Premise Equipment(CPE)Maintenance • Installation BGP Routing: Available upon request and subject to engineering review. (Customer must supply own router and ASN) Page 98 of 134 Page 211 of 298 Bandwidth: For every PRI,T-I(including Business Lines),or SIP Trunks.L5Mb will be subn toted from total available Internet bandwidth. Voice Details: • Award winning 24.7x365 Customer Service • 4-liber protection • l Ok,I 5k,35k,50k,75k.I 00k,150k.250k,500k R 1,0001k Minutes of Use(MOU)Package Available 0 Overage charges for all the Voice MOU package will be billet)at$0.025 per minute. o Overage charge will be calculated once customers MOU exceeds the cap by>10%for 15k.25k,35k.50k,75k,i00k,150k R 250k MOU packages.All other packages will begin overage charges at first minute over the cap(10k,500k,I,000k C 2.000k). 0 6 sLconds16 seconds call rounding o MOU packages include local,regional and US domestic long distance o International long distance,directory assistance and toll free available. • International LD is billed in tS seconds/6 seconds call rounding • Additional usage charge apply • 4 Type of Voice Handoffs: Business Lines,T-1,ISDN-PRI or SIP Trunks Voice Features: Voice ISDN-PRI Call Forward Busy Included, Call Forward Don't Included Answer Call Forward Vat iahle Included Call Return Included Call Waiting Included Caller ID Willi Included Included Included Telephone Number Caller ID with Name Optional Optional Optional Hunting Included f 3 Way Calling Included ; Account Codes Optional O tional O tional O tional Voice Features Business Lines T-I ISDN-PRI Authorization Code Optional Optional Optional Optional Call Reject Optional Foreign Excltan ge Optional —Optional Optional Op tional Remote Access to Call Forward Opuonal Speed Calling Optional Voice Mail Optional Call Redirect – Optional Optional ' Automatic Call Redirect–DID Optional Optional Included DID Numbers Included Included Included Page 99 of 134 Page 212 of 298 VOICE BUNDLE SERVICES SIP Trunking: SIP Trunks are primarily concurrent call paths that are routed over Lightpach's IP backbone using Vo1P technology. SIP Trunks are used in conjunction with a customer's IP-PBX and replace traditional PRI or analog circuits. SIP Trunks will terminate via Ethernet into a customer-owned IP-PBX or into a CPE device that is part of the customer's Local Area Network(LAN). The customer handofTat the point of demarcation will have two separate EVC's on two separate ports: For dedicated Internet access For IPMT via Port Termination(IPMT-P)supporting the SIP Trunk Business Lines A switched network facility that provides incoming or outgoing calls which interfaces with customer premises equipment. Business Line Standard Features: Call Froward BusV Allows all calls to be forwarded to a number of the user's choice the Business Line is busy. Call Forward Don't Answer Allows all calls to be forwarded to a number of the user's choice when a call to the Business Line goes unanswered Call Forward Variable Allows a user to activate/deactivate the Call Forwarding Variable feature on it Business Line. Call Return l Automatically returns the last incoming call, whether it was answered or not. except (where technology is available)when the incoming caller uses per call blocking or per line blocking. Call WallmL' Enables an individual to receive an audible tone,which indicates an incoming call is waiting if the called line is busy. Caller ID Number This delivers to the business line the calling party's telephone number.(The customer must provide the station equipment to display the number.) Hunting, This feature is fora group of business lines. Incoming calls will try the first tine of the group. If that line is busy,it will try the second line,they it will hunt to the third,ere, Three Way-Calling Allows a line user to establish a conference call with two other parties. Business Line Optional Features Caller ID with Name Delivery This delivers to the business line the calling party's name and number. (The customer must provide the station equipment to display the name and number.) Remote Access to Call Forwarding This feature allows a user at a remote location to activate/deactivate the Call Forwarding feature on a Business Line. Speed Calling Allows a line user to dial up to 6 selected numbers by using fewer digits than normally required. Unidentified Call Reicction Gives the called party the ability to automatically reject calls if the calling number has been marked private. Voice Mail Service Is a central office based service for Business Lines. This service provides the telephone user automatic 24 hour,7 day telephone answering service when he or she is on the line or unable to answer a call. This service provides eight options: Business Basic Mailbox Provides the telephone user automatic 24 hour,7 day telephone answering service when he or site is on the line or unable to answer a call. Calls to a Business Linc are forwarded to Voice Messaging Service equipment located in Lightpath's central office When callers are forwarded to the Voice Messaging Service,they hear a series of prompts in a system voice or the customer's own voice with instructions on leaving a message. Mailbox users can access their messages at any time. Waiting messages are indicated by it stutter dial tone or a nnssage-waiting light (on certain telephones). Auto Attendant Basic Service Auto Attendant is designed to automatically answer and¢reef callers with a general greeting. 11 will inform the callers of their selection of options and transfer callers to a destination they choose: A direct extension • An information mailbox • An attendant • Another Auto Attendant The capacities for the Auto Attendant are: May serve more than i line • There is no limit on the number of main mailboxes The main mailbox greeting can be up to 3 minutes • There is a maximum of 9 sub-mailboxes For each main mailbox Storage per sub-mailbox Page 100 of 134 Page 213 of 298 0 1 minute greeting 0 30 messages can be stored o The message length is 1 minute o A message can be stored for 30 days Auto Attendant Premium Service This functions the same as the Auto Attendant Basic. It,however,offers a customer the ability to rLceive more and longer messages and store them for longer periods of line. The capacities for the Auto Attendant Premium Service are: • May serve more than I line • There is no limit on the number of main mailboxes • The main mailbox greeting can be up to 3 minutes • There is a maximum ori)sub-mailboxes for each main mailbox Storage per sub-mailbox 0 1 minute greeting 0 60 messages can be stored o The message length is I minute o Messages can be stored for 60 days Information Basic Mailbox Provides access to customer programmed information about a particular subject. This mailbox is typically used to store information which must be delivered accurately and completely and which many people require. The capacities for this mailbox are: • The message length is 3 minutes • No messages may be stored in an Information Mailbox. Information Premium Mailbox This mailbox functions the same as the Information Basic Mailbox. It, however,offers it customer to store more information, which must be delivered accurately. The capacities for this mailbox are: The message length is 6 minutes • No messages may be stored in an Infonnation Mailbox. Page 101 of 13.1 Page 214 of 298 TOLL FREE SERVICE Overview: Lightpath Toll Free service is provided through an agreement with a third party provided to Lightpadt customers. Toll Free is available in minute of use bundles of 500—1.000,000 flat rate bundles, Toll Free includes calls from the 43 contiguous states. Rates and service are also available for Canada.US Virgin islands,Hawaii.Alaska and Puerto Rico. Calls are measured in 6 second incremental(616)intervals. Features: The following features are available on Toll Free: Feature Name Feature Description Automatic number Permits the customer to display/capture the telephone number of the calling party ID(ANI) Arca-Code Incoming calls are routed to their destination based on the originating area codes Rotting and exchange(NPA/NXX)of the call. NPA/N XX Pennits toll tree calls to be blocked from specific states,area cabs and NXX Blocking exchanges. Call Blocking Permits Toll Free calls to be blocked from specific arca codes.and or NPA-NXX exchanges. Incoming calls are routed to their destination based on the originating area codes Exchange Routing and exchange(NPA/NXX)orthe call. Quick Call Routes calls based on real-time allocation percentages established by Customer Allocator Routes calls based on digits furnished by the caller via touch-tone selection in Call Prompter response to a voice menu or announcement. Customer must specify a default routing alternative for callers who input undesignated digitsleodes or do not input a di idcode. Percentage Routes calls,to multiple destinations based on a predetermined percentage of calls Allocation received. Day/Time Enables Toll Free calls to be routed AifTeremly based nn the day of the week or Manager time of day. Functional Requirements: Toll Free is a component of the outbound Voice Services and cannot be purchased as a stand-alone service. LIGHTLINK SERVICE Lightlink provides integrated digital connection for voice transmission from a customer's digital PBX viaii T-1 and a Lightpalh 5 ESS switch. This connection allows for Direct Inward Dialing(DID),Direct Outward Dialing and Two WayTrunks over a single T-1 facility using 24 channels. Liehtlink Standard Features: Direct Inward Dialin DID Service A feature whereby each person in an organization has his or her own len-digit telephone number. Calls to DID telephone numbers do not have to be answered by on site operators. They go directly to the person assigned to the ten-digit DID telephone number. Standard Feature offers one block of 100 DID's. Additional Blocks of 100 available,additional charges apply. Lightlink Optional Features Call Re-Direct Automatic A disaster recovery solution that forwards a customer's incoming calls to another directory number if their trunk group is busy or out of service. Call Re-Direcl DID A feature for customers with DID Service. It is it disaster recovery ' Page 102 of 134 Page 215 of 298 solution to be used when calls cannot be delivered to a customer's location due to the failure of network facilities(Type I or Type II)or the customers PBX. Lightpath will redirect.over the PSTN calls that are destined to the customer's most critical DID telephone numbers(up to a maximum of 10 numbers to an alternate directory number. PBA'Calline Number ID This will allow Lightlink service to send a telephone number with each outgoing call. It is available in the Bethpage DS 1,Norwalk and Parsippany switches. ISDN-PRI SERVICE ISDN-PRI provides integrated voice and data trunking from a customer's digital Private Branch Exchange(PBX)a Local Area Network(LAN) gateway or a host computer to a Lightpath IP or 5 ESS switch. It can be thought of as an"enhanced T-I"which is provisioned with 34 channels. It is a Inking technology that delivers 64 kbps clear channels and standardized out of band signaling. A single PRI link carries 23 B channels for voice and data and a D channel for call-control signaling. ISDN-PRI Stanrlard Fearteres: 64 Kbos Clcur Channel'1'ransnort Uses standard B8ZS(bipolar 3 zero substitution)protocol for transpon at the 64 Kbps rate. Caller ID This feature delivers the calling party's telephone number,if available,to the ISDN-PRI Service customer. The number will be delivered if the call originates either in the same Lightpath Voice switch or is connected to the Lightpath Voice switch by SignallingSSvstem 7. Circuit Switched Voice 1 Provides digitized speech or voice band data access with existing services such as Direct Inward Dialing,Direct Outward Dialing and Two Way Dialing. Direct lmrard Dialing 00)Service A feature whereby each person in an organization has his or her own ten-digit telephone number. Calls to DID telephone numbers do not have to be answered by on site operators. They go directly to the person assigned to the ten-digit DID telephone number. Standard Feature offers one block of 100 DID's. Additional Blocks of 100 available,additional charges apply. Circuit Switched Dala Support transmission speeds up to 64 Kbps data. Page 103 of 134 Page 216 of 298 Lightpath Dedicated Internet Access via Metro Ethernet Service Lightpath Dedicated Internet Access over Metro Ethernet service is delivered via 4-fibers,providing<50 ins.network resiliency. Lightpath Dedicated Internet Access offers an all-inclusive Internet package as well as an optional Managed Cisco Router for service speeds via an electrical RJ45 frorn IOMbps—100 Mhps Included Internet Features: Simple Flat Rate Pricing by Bandwidth foron-network services • 24x7x365 Customer Service • 4-fiber • Sub 50Ms Resiliency(Network failover) Guaranteed Bandwidth • Network Resilience,Customer Service,Innovation Internet Technical Specifications: Available Speeds(Mhps):10Mbps,20Mbps,5OMbps,IOOMbps,150Mbps,300Mbps.400Mbps,5001Mbps,6001Mbps and 1000Mbps Customer handoff: For speeds<100M,an electrical or RJ45 handoff will be supplied.For speeds I SOM and greater,an optical or Gbic handoll'will be supplied.Pluggable Optical Port IP Allocation: Customer will receive up to a Class C(124)with proper network justification. Web Space: 25Mb Static Content Optional Router: Managed Cisco router includes • Standard configuration for IP routing of LAN/WAN Interfaces:ACL based security (does not include dynamic routing protocols such as HSRP,OSPF or BGP multi-hop) . Tier t Fault Management: • Configuration and Change Management • Customer Premise Equipment(CPE)Maintenance • Installation BGP Routing: Available upon request and subject to engineering review.(Customer must supply own router and ASN) Page 104 of 134 Page 217 of 298 Metro Ethernet Service Transport Services E-Linc:(Figure 1) E-Linc is a Layer 2,dedicated point-to-point service E-Linc is best positioned to customers who have single or multiple applications that do not need to be segmented.nor require a pre-set amount of bandwidth. Custontcts who prefer physical separation of their applications may also prefer E-Linc. Figure 1' Protect Path _ ........... or Lightpath la Network .-, (' CE41AU CEGLNN � AtOvt3 path ,:CEVLAN: �.,o,y-EVC-CLCI Cod•dldrt4li•e CE-ULAN;, ...... •.. .....-. i;- ..... E-Line . E-Line is a Layer 2,dedicated point-to-point service. Features of E-Linc: • Flexible bandwidth options: o Contracted Bandwidth:10Mb t0 1000Mb • <50msresiliencv • Simple flat rate pricing based on contracted bandwidth(CB W)per location • Pluggable Optical Port o No additional charge if requested with initial order • Benefits to Customer: • E-Linc offers Lightpath customers'the security and reliability of a dedicated point-to-point connections. • EVC may be used for multiple applications,allowing customer to manage V LAN traffic • Criteria: • Standard fume size=1518 bvies • 2 On-net locations • Customer must manage V LAN tags V-Line: FiVure 2 V-Linc is a Layer 2 point-to-point service,utilizing'Ethcret Virtual Connections(EVC)to transmit information across locations. V-Line's can be configured as either point-to-point(figure 2),or hub and spoke(figure 3). The hub in these configurations will always be a multiplexed port. V-Linc is best positioned to customers who have multiple applications that require segmentation ofapplications. Figure 2:Point-to point Scenario Page 105 of 13.1 Page 218 of 298 Protect Path - UN1c UNFN ' ` UNFN: UNrL t ....... Lightpath — Network A� Ps r®path IL��31 V-Linc is a Layer 2 point-to-point service,utilizing a single Ethernet Virtual Connections(EVC)to transmit information across locations- V-Linc allows multiple connections to terminate onto a single multiplexed pan. Features of V-Line: • Flexible bandwidth options: o Conuacied Bandwidth:20M,50M,I00M,and I OOOM • Ability to multiplex pons to be used for multiple V-Line connections • Supports two types of configurations: o Point-to-point service between two customer locations o Hub and spoke configuration,where multiple remote locations aggregate to one centralized hub. • 4 fiber protection • <50msresiliency • Simple flat rate pricing based on contracted bandwidth(CBW)per location • Pluggahle Optical Port o No additional charge if requested with initial order • Benefrty to Cre.vtonter: • V-Line offers Liglmpath customers*Flexibility and dependability to best manage their networking requirements: • Ability to share a single pori at one location to terminate multiple network connections,minimizing the capital expense for additional equipment,rack space Ability to segregate traffic for different applications,i.e.,video,data and voice by providing dedicated bandwidth via customer provide VLA\ tags. • Lightpath will manage the locations with multiple V-Lincs,and ensure that the Uscr Network Interface(UNI)at the hub will always be sufficient for the customers contracted bandwidth at their locations. • Criteria: , • Standard frame size=1518 buns • 2 On-nct locations • Customer must manage VLAN tags FLAN:(Figure 3) ELAN is a Layer 2 multipoint-to-multipoint service,utilizing a shared virtual comuction to transmit information across three or more locations. ELAN is best positioned to customers who require any-to-any communications between their locations. These customers may also require unicast, broadcast and/or multicast uaffic between locations. Figure 3 Page 106 of 134 Page 219 of 298 •-.. ,. ........................: �`........................ UHLC ... ...... . ........................ . : .Gtth'eP .....- VH D Prabact Pah -.. aH4C -- atf4H ! • UIt4H Lightpath ,,may . l Net .......... work .., •....... n i.,N CF.�Ifl CE -.1 t�.� 'O• f+ii ..... ''i' ..• • •.. H•I+orL-EVC- Ft CEC]Coddidreilw ELAN Is a larycr 2 multipoint-to-multipoint service,utilizing a shared virtual connection to transmit information across three or more locations. Features of ELA'V.- • Flexible bandwidth options: o IOM,20M.50M.IOOM.I50M.300M,I000M 0E-LAN bandwidth will be limited to size of smallest port,and will never exceed 300M. • No limit to number of locations • 4 fiber protection • ' 50ins resiliency • Simple flat tate pricing based on contracted bandwidth(CBW)per location • Pluggable Optical Port o No additional charge if requested with initial order • Lightpath performs switching between customer locations • Supports multicast,broadcast and unicast ftantc delivery o Multicast—one sender to multiple pre-determined locations o Broadcast=one sender to all locations o Unicast=one sender to selected location • Bentfts to Castorser: • ELAN offers Lightpath customers'simplicity and cost effectiveness for their networking needs: • Allows customer to share information across locations without having to purchase multiple point-to-point services • One EVC allows for bandwidth sharing between ELAN locations • Eliminates the need to for customers to switch trdlic through corporate LAN • Eliminates need to manage multiple EVC's and Pmts because customers have the ability to send multicast,broadcast and unicast traffic from any location,through one shared EVC • Customer's data can be received at one or more locations on the ELAN,without having to replicate and resend data • Criteria: • Customer must have 3 or more On-Net locations • For multicast and broadcast frame delivery,data trmsmission cannot exceed the bandwidth of doe smallest-locution o Example: 1 20M location,2 50M locations: Transmission can never exceed 20M. • Standard flame size=1513 byres Page 107 of l34 Page 220 of 298 Optical Transport Services Overview OTS) (1Gb up to 100 Gb Optical Transport Services[OTS]is a transport data service that provides dedicated full line rate services for the interconnection of Local Area Networks.Hosting 1 Data Centers or Storage Facilities. With OTS service Lightpath provides a fully managed optical solution that interconnects customer locations with native connections. OTS is a point to point connection between your business locations offering a complete turnkey optical networking solution. Lightpath Equips,FumishLs and Installs[EFRI]all fiber optic infrastructure and equipment including Optical Span Engineering,Conditioning,Amplification and Maintenance for one predictable Monthly Recurring Charge[MRC]. OTS is offered with both unprotected and protected options,standard offer is unprotected.. OTS'is built on Wave Division Technology that scales to meet new and emerging application bandwidth requirements. OTS is targeted to large and very large customers primarily in the financial-medical,government,and media verticals.OTS services allow customers to conveniently replace legacy multiple high capacity TDM transport with a single OTS transport solution. typically defines the product offer as"wavelength services". Lightpath's competitive advantage is focused on network route diversity (routes do not typically follow commonly used central offices) Benefits of Lightpath OTS G Dedicated Laver I Connection/Full Bit Rate Service ❑ Transparent to Customer Traffic/No limit on frame size Facilitates large scale connectivity(up to I00Gb) ❑ Low Latency FILetronics C. Route Diversity(rciutes do not typically follow commonly used central office) C: Stale of the art network!award winning support C. Optional network route protection Optional equipment protection(shelf redundancy) Cl Standard battery backup provided Technical Overview: Lightpath Optical Transport [OTS] Wave Division Private Line Service is a portfolio of high-speed"transport" services supporting emerging,native and optical application protocols sensitive to loss and latency. Standard Optical Transport Services are based on a blend of Coarse Wave Division Multiplexing (CWDM). Dense Wave Division Multiplexing (DWDNI), and Remote Optical Add-Drop Multiplexing[ROADM]technologies that divide optical spectrum into multiplexed frequencies within which to derive incremental service channels either transparent to,or defined by protocols. Optical T'ranspon Services are based on OSI Layer 1,ITU,802.3,and SAN interface standards governing the physical line rate services cununissioned at the optical interface. Optical signals are constant states of power in either on or off states relative to time. Optical services are stable because the optical path is physical,and the signal is a"constant Variations in frame size and bit rate are transparent to the Layer I interface,so variants to optical dtmughput are simply the maximum interface capacity minus any overhead associated with changes in the state of frame sizes dictated by variants such as compression rate,protocol,sampling rate,COS queue,and/or packet prioritization. Optica!Transport Service Transmit Receive Protocol Service Options Protocol Defined dM OC48/OC192 _0dm=w ]G Ethernet Interface 10G Ethernet Receive Transmit liber Channel 100 Fiber Channel 200 WDM WDM Multiplexor Multiplexor OTS is comprised of managed P2P services.•Unlike Lightpath's Voice.Data,and Internet services which are.provisioned over<50ms resilient Metro Ethernet access service rings,standard OTS services are,by default,unprotected(optional protection is available—sec below), 'That means that no active or passive components of service including interfaces,electronics,optical elements,or fiber facilities between customer originating(A)and terminating(Z)Locations are protected. The service is delivered as a Single Interface Handoff— over a linear 2-strand fiber access path terminating on unprotected interfaces. OTS channels are commissioned to dedicated frequencies reserved across the entire LI connection path,and as access channels physically connect to the Lightpath optical core at their closest HUB. Service Protection Options Linear Protection— Single optical shelf,single Interface Handoff—four fiber linear access facility where only the interface is completely unprotected; implemented with full network resiliency across the optical core transit path-access point-to-access point. Single Interface or Dual Interface—Route and Path Protection Page 108 of 134 Page 221 of 298 Single shelf with single or dual interface handoffs:all transport equipment is ring protected:customer equipment does protection switchine; design associated with a 4-fiber point-to-point system with all routes and paths physically and optically protected access point-to-access point.. Dual Shelf—Maximum Protection Dual Equipment shelves,each providing one of two unprotected waves(lambdas]over two separate and diversely routed liber pairs with all paths physically and optically protected access point-to-access point. Diverse route,path,combined with hub prottaion.Completed protection provide by customer equipment does protection switching Optical Transport Service nrorection is offered,desiened,and implemented of a case by case basis(as a value added option to the standard, naarotected prodetc) inclusire of the fallowing elements: Apphcatious Interface, rVetwork Optics, rt-Iulripkwing Electronics.Connections,Put&and Routes. Storage Area Network Protocols: Fibre Channel—Fibre Channel dedicated point to point service provisioned over I Gbps Unprotected OTS,which supports the following Fibre Channel speeds: Fibre Channel(IOOMB) I Gbps and Fibre Channel(200MB)which requires 2.12 Gbps will be provisioned over a single wave(2.5Gbps).Service is full duplex base upon the Gigabit Ethernet physical layer and IBM's 8B/lOB encoding methodology(10 bit/byte) Ethernet IEEE 302.3ae 1 Gigabit Service Channel 1.25Gbps 10 Gigabit Service Channel WAN PHY 9,953.28 Mbps LAN PHY 10.7125 Mbps) 100 Gigabit Service Channel 103.125Gpbs Page 109 of 134 Page 222 of 298 Private Fiber Network(PFN) What is a Private Fiber Network'. Private Fiber Network(PFN)is a geographically(Town,Village or School District)restricted dedicated WAN solution for the Educational K-12 veil ical market. PFN's do not use Lightpath core assets and am provisioned as a-two-liber linear point-to-point service terminating on individual pons at each location.PFN's will be available in speeds of 1000MB.IGB and IOGB solutions.The PFN is extended from the main hub site to remote locations. PFN with Voice will only be available using the IOOOMB PFN service.Customers are required to orderan IVB(or Managed Voice)at the "hub-'location.The IOOOMB PFN will be a layer 2 solution,while the IGB and IOGB will be a layer[solution. Note:If the hub location is not Ethernet Lit,in-band management or monitoring will not be available to the hub or the remote locations (requires operational approval), PFN with Voice Optional Feature: IOOOMB PFN is enhanced to include an option Ibr voice capabilities at the remote locations.It will provide the ability of extending up to 2 PRIs or I PRI and up to 24 business lines to each remote location and will require an IVB(or Managed Voice)at the main"hub"location. The voice option will be an add-on to the PFN order and a separate line item(MRC)per location on the customer invoice. PFN and PFN with Voice Rules: PFN requires a separate PFN order per location • PFN will be available in speeds of I OOOMB,IGB and IOGB • PFN with Voice is only applicable in conjunction with: IOOOMB PFN • PFN with Voice can be ordered at the time of the initial order or post install • An IVB(or Managed Voice)will be required at the main hub site when ordering PFN with Voice • Either i PRI and up to 24 business lines or up to 2 PUS will be allowed per remote location • PFN with Voice will utilize the bandwidth associated with allocated PFN connection(2 PRIs will have SMB allocated,leaving 995M Ibrdata) • Customers cannot combine layer I PFN(IGB1IOGB)and laver 2(IOOOMB) We will no longer accept new opportunities requesting IOOMB PFN service.Customers who currently have IOOMB PFN service will be able to renew their service. Pricint!: Each remote Site requires a Separate PFN order • Pricing for IGB/IOGB PFN and I OOOMB PFN is ICB • Pricing for PFN with Voice is ICB(separate MRC) • ICB requests must include equipment and construction budget: o Requires LSP(per remote site) o Requires Business Case approval(per remote site) Digital Video Trans ort Product Overview: Digital Video Transport services from Lightpath consolidates encoding,decoding and connectivity into a turnkey digital video transport service. Integrated port based,one-way service that electrically accents,transports-and deliver native compressed and uncompressed digitalVideo signal in three nrirmary industry formats: • ASI—Asvnchionous Interface • SDI—Serial Digital Interface r • HD—SDI—High Definition Serial_Digital_Interlace • 3G—SDI—3G High Definition Serial Digital Intcri'ace Product Details:Digital Video Service can be provided either as a laver 2 service(utilizing Video CoS E-Lines and V-Lines)ma layer I OTS point to point service.The layer 2 service is port based simplex(one way),four fiber<50nts resiliency,point-to-point service using video class of service to address delay andjitter.Lightpath supplies and maintains the encoder and decoder that will be installed at the customer locations. The layer 1 service is a port based linear(one way)unprotected OTS solution utilizing a dedicated WDM wave over the ROADM infrastructure (it is used to facilitate the transport of uncompressed HD-SDI Auto-Sensing service over WDM transport). Me�.gea Maupcc SnNc• SerNp ® OM[ W _C0.-- �Decoder !OL Edge OL Network I OL Edge Encoder eac Video Z location A location �oownsrre,age 110m of 134 Receiving end or Content source end or Page 223 of 298 Applications. Managed Video service is intended to address vertical market environments such as sporting & entertainment feeds, local stations,content distribution production collaborations,vertical market tele-conferencing,and H D content distribution. Lightpath supports the following Video protocols and speeds' Video Protocol S Geed Compression ASI 20M ' Compressed ASI SOM Compressed SDI 50M Compressed SDI 100N1 Compressed ASI 100N1 Compressed HD SDI loom Compressed ASI 150N1 Compressed HD SDI 15ON1 Compressed ASI 300M Compressed SDI 300M Uncompressed FID-SDI Auto-Sensing* 1.485G Uncompressed 3G HD-SDI Auto-Sensine* 2.967G Uncompressed Auto—Sensing capability for the following digital video formats: I. 2.967Gbls 3G-SDI(SMPTE424M) 2. 1.485Gb/s HD-SDI(SMPTE 292M)270Mbls 3. SD-SDI(SMPTE 259M-C.ITU 656) 4. SDTI(SMPTE 305M) 5. DVB-ASI 6. Artel270 7. 19.39Mb/s ATSC(SMPTE 310M) Page I I 1 of 134 Page 224 of 298 HOSTED VOICE SERVICE The Service(Hosted Voice Service)is an IP telephony solution that bundles IP Phones and IP-based premises equipment ("Lightpath Equipment")with connectivity to the PSTN and Internet access over Lightpath's fiber Metro Ethernet facilities. Lightpath equipment includes all hardware and software supplied by Lightpath in the provision of Services. In addition to equipment and connectivity,Lightpath is also responsible for planning,designing,installing and maintaining the Service as further described in the SOW. Lightpath reserves the right to utilize the services of a Subcontractor in the provisioning of the Service All Lightpath Equipment is and shall remain the property of Lightpath. Product Overview: The Service delivered using voice class-of-service over an end-to-end fully fiber optic Ethernet network is a turn-kcy,managed communication service and system including: Internet/Voice Bundle/Enterprise Voice: Package of Internet access and monthly voice calling minutes of use(MOU) comprised of localltolVlong distance calling minutes. a. Hosted Package: • Package of IP phone sets with Routers and Power over Ethernet(POE)switches sized and engineered to support Lightpath supplied IP telephones and softphones. • Management and maintenance services including:LAN Assessment,Remediation and Certification,telephony station reviews, installation of IP Phones, and maintenance, service and support of all Lightpath installed premise equipment and phones. Lightpath will conduct the following activities in providing the Service to the Customer: I) LAN Assessment,Remediation and Certification 2) Station Reviews 3) Installation,Tum Up/Test.Training and Monitoring 4) Maintenance and Support The following are not included under this statement of work for this product: t) Remediation or Maintenance of Customer in house structured wiring and cabling(i.e.brackets,CATS wiring,Risers and Fiber) 2) Support of the Customer's LAN,desktop or laptop computers,peripheral devices,or software applications except for issues with these devices or the Customer's LAN Caused by Lightpath installed and supported equipment or phones 3) Customization of Equipment software 4) Electrical or site work extemal to the Equipment 5) Any upgrades on Customer Hardware required to run new or updated Lightpath installed software. Any expenses incurred to visit Customer's location,except as required during escalation of problems by Lightpath. 6) Major,minor,and maintenance releases of soliware applications and operating systems not supplied by Lightpath. 7) Installation of the Service that requires special Lquipment(e.g.,hoists,harness,ladders in excess of S feet,etc.),to perforin such installation. 3) Installation,support and maintenance of the Service at domestic residences. 9) Installation,support and maintenance of Scrvice at a site where Customer is unavailable to receive the Equipment. Hosted Voice . Lightpath Hosted Voice is a complete,turnkey voice and Internet sen•ice for those locations where the replacement of an existing phone system is necessary(PBX,IP-PBX,Key System or TDM Centrex).Lightpath Hosted Voice includes Customer Premises Equipment(CPE) as needed and IP Phones with an advanced set of features,all of which are managed and delivered to you by Lightpath. Lightpath Customer S upplled IP LAN Devices Phones `IPi w2Cu5tomer:l:AW �R`! L'[ghtpath DPSTN kdt ,� Network Feature Gateway Customer Lightpath Server AM[ Servers Supplied CPE system features from any location through a secure and easy-to-use web based Admin Portal including changes for: • User names and passwords resets Phone configurations • Auto Attendants Music on Hold • Hunt Groups Page 1]2 of 134 Page 225 of 298 Call Pickup Groups Call Logs(.cvc file) 100%Non-blocking Voice Architecture-additional bandwidth is provided by Lightpaih for each phone to ensure that all users are able to answer and make calls as well as access the voicemail system at all times Disaster Recovery/Business Continuity/Flu Pandemic Protection—Enables the County to communicate more efficiently during urgent situations. County employees can access their phones and work remotely if their government offices are closed due to an etneigency, natural disaster,inclement weather,etc. Features that make this possible include: • IP phones can be configured to work over the public Intemet and can be easily moved CominPortal Web access from the public Internet provides powerful remote call treatment changes: Remote Call Forwarding-Change call forwarding settings Find-Nie,Follow-Me-Specifies a list of numbers that are rung whenever their line is called,and an order for those numbers.Fach number is lung in order (numbers can be rung simultaneously)until one of them answers the call,or the list is exhausted Remote Phone-Users can stake outbound calls from a home or smart phone,but broadcasts their work caller ID(not their personal device) Softphone capabilities—make and reg sive business phone calls over the Internet using a PC or smart phone utilizing your work phone number Remote Voicemail Access—via Telephone User Interface,Web portal or smart phone Firebar-Establishes an instant audio conference with a group of up to 24 responders: Allows the Firebar administrator to dial a 10 digit Firebar number,which initiates parallel outgoing calls to a list or pre-configured response personnel Premium Auto Attendants Up to 15 fully customizable multi-level menus offering intuitive navigation urie of day and calendar day scheduling Advanced features such as Dial by Name'Extcnsion,Transfer to Phony/Voicemail,Voicemail by Name/Extension, Transfer to Operator and Announcement Ability to change Auto Attendant schedule and announcements remotely • Voicemail—All phones will be provisioned with a voicemail account.Access to a user's voice mailbox is available from their own phone, another internal phone or from an external phone not pan of the network via a Telephone User Interface,Web portal or smart phone app Multi-Site Dialing Plan Support-Lightpath will support 4/5/6 digit dialing plans between all County buildings without the need to 7 or 10 digit dial between offices. Unified messaging—Phones.PC and mobile devices have the ability to all share one identity. Calls can be pushed and pulled between devices and voicemail and fax messages can be automatically sent to emails. Phone Set Overview- Hosted Voice. cni" Manulacturer Cisco Polvcotn M odel 4 S PA508 V VX310 Line buttons 8 6 Soft Kevs 4 4 Integrated Ethernet Switch Port Yes Yes Ethernet Por Spec d 10/100 l0/100/1000 Screen Type 128.x 64 monochrome LCD with 208 x 104 8-level grayscale LCD with backlitthi backlight HV Voice Ca tnnble Yes Yes Message Waiting Indicator Light Yes Yes Visual Voicennail Yes Yes Sncaketnhonc Fall duplex Full Duplex Headset_Jack Tvpe 2.5 min RJ9 Pon for Sidecar Yes Yes Page 113 of 134 Page 226 of 298 Lightpath Hosted Voice Package Breakdown (For Pricing-See Pricing Schedule) Hosted Voice(Must be ordered with a Voice Service(IVB or EV) STANDARD Package Hosted Voice 2.0 Hardware Quantities Hosted Voice 2.0 Hardware Ouantities Revised 10/972014 101100 Seat Q13anU Description Madel 15 30 50 75 100 125 150 200 250 300 350 400 450 500 Maximum number of phones j 10% rows th) 17 33 55 83 110 138 165 220 275 330 385 440 495 550 Switch JADTRAN NeWanta 1238 0 1 1 2 2 3 3 5 6 7 8 9 SO 11 Switch JAUTRAN NetVanta 1234 1 0 1 1 0 1 01 0 0 4 0 1 i 1 IAD ADTRAN Total Access 924e 1 1 I 1 1 1 1 1 1 1 1 1 1 1 Basic Phones Cisco SPA504G 13 23 40 60 80 100 120 160 200 240 280 320 360 400 Executive Phones Cisco SPA525G2 0 3 4 7 9 12 14 19 24 29 34 39 1 44 49 Comffm Area Phones Cisco SPA502G 2 3 5 7 10 12 15 20 25 30 35 40 45 50 Receptionist Photie Cisco SPA508G 0 1 t 1 1 1 1 1 1 1 1 1 1 1 Receptionist Sidecar Cisco SPA500S 0 1 1 1 1 1 1 1 1 1 1 1 1 1 Conference Phone Polymm IP5000 0 0 t 1 1 1 1 1 1 1 1 1 1 1 Conference Phone Polycom 1P6000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Conference Phone PoNtom IP7000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Maximtlnt Ana Lines to 24 GIgF.tltitrhlg GIBE SvARrhes Des[r tbn Mo" Seat duan 11ty 13 1 30 1 50 1 75 1 I00 1 125 150 200 250 300 350400 1 450 500 Mardmum number of hones 10% rgvrth 17 33 55 1 83 1 110 138 165 220 275 330 383 440 493 350 24-port.Tully managetl 1 0 1 O '1 O 0 0 ]2 O 1 1 1 1 Switch Gigabit switch with POE 4a,pon.3 Layer Gigabit O 1 1 2 2 3 4 3 0 7 8 9 10 11 SwM1tch Ethernet.switch wmn POE IAO Apit1AN Tgt41 Artau 92Y 1 1 1 I 1 r 1 1 1 Basle GI E Phones SPA0140 IS 29 t419 74 99 124 149 199 249 299 349 399 449 499 Executive Phones sPA529G 0 'O O .0 0 O O 0 0 0 0 0 '0 COmmOn Are&GI E 9PA612G 0 O O 0 O O 0 O 0 0 0 00 Phone for Race tlonlst- SPA508G- 0 1 3 11 11 1 7 7 1 1 7 Rau tlonist Sid— SPA600S 0 1 1 1 1 7 7 7 7 1 1 I 1 7 Conference Phone Pot—IP5000• D - O 7 1 t 7 7 7 7 7 1 7 7 Page 114 of 134 Page 227 of 298 PREMIUM PACKAGE for Hosted Voice Must be ordered with a Voice Service(IVB or EV) tiolted Voke Premium Hardware Oua2t2fes Record 3(16)16 10/100 D—ietlan Medd beet Quantity 15 30 50 75 100 125 150 200 250 300 350 400 450 500 Muimumnumbx al porter f3llxerawrhl 17 33 55 a3 1I0 1 138 1165 220 275 330 385 440 495 550 Switch ADTRAN NtlVrnt41238 0 1 3 2 2 3 3 5 6 7 8 9 10 11 Switch ADTRAN 11 t.Ee is 1234 i 2 0 1 0 1 0 1 O 0 0 0 1 1 1 Oto AOTRAN Totol A—924e 1 3 1 1 3 1 1 1 3 1 ] Common Area WX320 2 3 7 10 12 15 2D 205 29 35 4O 45 50 Entry[dor&RecepOontsl WX41D 73 24 S7 61 81 101 121 151 201 2d1 261 321 361 a01 E—Ime CalorWX500 1 0 3 a 7 9 12 14 19 24 30 34 39 44 a9 Enhanced Exacuthe Color WX600 a 0 9 0 0 0 0 0 0 0 0 0 0 0 Sidecar JVVX Calor Expansion Module 1 0 1 1 1 1 1 1 1 1 1 I 1 1 1 1 I [onierence Phone I Poly-1P50 10 1 1 L 1 1 1 I 1 1 1 1 1 1 i 6qE Oar dmian Mold SeM(u-6ty 15 30 1111 100 125 150 200 250 300 ASO 400 450 500 Maumum number .(ph—(IMM—h) 17 33 55 83 110 138 165 220 275 330 385 a-0 1% 550 24.pon,tutt:f—eyed Grgaolt 1 0 1 0 1 0 O 0 ii 0 1 1 1 t Switth switch 1Y�h P.E 48pOrt 7 Layer Ci0aG1 ENeroel Switch Surttch utrlh P.L 0 1 1 2 9 a 5 0 7 8 9 10 !1 1,10 ADTRAN Tatai A¢[TS 924e 1 1 1 1 1 1 1 1 1 1 1 1 1 I Common Area Im 310 1 2 1 3 1 5 1 7 1 10 1 12 15 1 20 1 205 1 29 1 35 1 40 1 45 1 50 Entr7COtOr B RMPtu1nisl WX 410 1 13 1 24 1 Al- 1 61 81 101 121 1 181 1 201 1 241 1 2B5 321 1 341 1 401 EXecatNe[dor WX500 0 3 4F7 3 12 14 49 24 30 74 19 41 49 EnhaACed EXecdtlre COW WX 600 0 0 0 0 9 0 0 0 0 9 0 D 0 0 ' Sud— I WX CO&EA SJM Yadule 1 0 1 1 1 1 1 1 1 1 7 1 t 1 1 Conference Prone Pof—IP5000 1 0 1 0 1 1 1 1 1 1 1 7 1 5 1 1 Note:Make and Nlodel are subject to change at any time. Page 115 of 139 Page 228 of 298 Current Feature set as of 2016 set for both Hosted Voice Basic"and`Premium"Service. I lusted Voicc At4»i nistratiw Feature Set Feature,._. - , I.r.;. Description AdminLsuatorPortal Webbasedportal forsystemanduseradtninistrstion Allows the ad min istmtorto set up codes that users trust dial bctbre Authorizuion Codes completing an outgoing call. Allows the administmtorto set up calling policies by users fmm highly restrictive(only inicrnalcalls)to least restrictive(all calls allowed Dialing Restrictions including international) Allows the adtmnistratorto upload WAV tiles that willplay when callers Music-Messaging On llold are placed on hold Web portal report on devices used in the system including phones and Device Inventory CPE Allows the administuuarto add/deletchrudify users andaasign or User Managenrent reassign extensions by location Allows the adtttinist storm set and tmintain security politics including Security Management passwords for portal and voicumil, !lusted Voice Auto Attendant Feature Set Feature Description Allows the systern administrator to set up or modify the auto attendant Auto Attendant CuStotmattion logic and pmrry)ts Dial by haension Allows callers to reach an employee by dialing their extension number Dial by Nana: Allows callers to reach an employee by dialing their first or last name 'transfer to Operator Allows callus to dial 0 to:each an operator Allows the Systemudrninistralor to set up and modify the auto attendant Holiday Schedule logic and prompts when company is closed fora holiday Allows the SYS(crnadrninistrator to setup and rtudify the auto attendant Night Schedule logic and prootts when cotttpany is closed for the day Allows the Systemadtninistrator to set up and rrudify the auto attendant logic and prompts when couripany they are unable to be at the office Rermic Managcimnl location Page 116 of 134 Page 229 of 298 Naatva Y5e!Y.i Yxta Fast=Lai F0 AMI Light t Na! 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Remote E-Link is an all-inclusive Bat rate offer available in 3 sizes: • Package 1:Up to 6 Business Lines or Analog Centrex Lincs • Package 2:Up to 12 Business Lints or Analog Centrex Lines • Package 3:TI(2 way analog trunks),24 Analog Business lines or Analog Centrex lints or PRI(23+D). Eligibility Requirements: • Customer must have at least one LIT location 1. II this site is a new build,it must be lit prior to installing remote sites • Centralized decision making • Remote sites are too small for an Optimum Lightpath new build • Remote sites mast be new business opportunities I. No Type II conversions 2. Non Optimum Online conversions • Business case required for all opportunities • All sites must within Cablevision franchise and Optimum Lightpath footprint,and requires an active Lightpath Rate Center Remote E-Link cannot be offered in a Lightpath Lit Building, Notes:Service Provisioned over the Hybrid Fiber Coax Cable Plant.Not available in Lightpath LIT Buildings. Package includes unlimited Domestic/Long Distance MOU's. Product suppnrts business lines,as well as TI Optimum Online®Boost: Service of Cablevision Business and onlv available to Optimum for business customers that are new or have an existing Cable data account. Speed: • Up to 30Mbps downstream: • Up to 5Mbps upstream E-Mail Solutions: • IS optonline.net mailboxes at 1Gb each • 15 domain-based mailboxes • Pon 25 available for your e-mail server o Send and receive a large volume of orders through c-mail o MX record management included Website Solutions: • Website builder templates • Unlimited number of Web pages • 450Mb of disk space • E-commerce tools— • Website stats(reporting) Port 25 Available. • Host your own Mail Server(SMTP) Port 80 Available: • Host your own Web server and Web cant • Use your company name as your Web address • Obtain true c-commerce capabilities on the World Wide Web DDNS included: • Dynamic Domain Name Server(DDNS)allows a name to represent an IP addn:ss. The client software updates the DDNS server every time the cable modem dynamic IP address changes. • Never need to worry about changing 11'addresses lot your VPN,Web server,or Web cam. Static IP for Optimum Online Boost: Static IP.service is designed for commercial applications and is not available for work at home applications(teleworkers) Page 121 of 134 Page 234 of 298 Static IP for Optimum Online Boost includes the following: • 5 Static IP addresses • Pon 25 and 80 available • Reverse DVS for your domain • Websne:md a-mail/e-commerce server hosting • Up to IN faster than DSL-up to 30 Mbps down/5 Mbps up • 30-day money back guarantee Optimum Voice for Business: Optimum Voice offers unlimited calling and l3 calling features. Optimum Voice,available exclusively to Optimum Online customers,gives you unlimited local and long distance calling anytime,to anywhere in the U.S.,Puerto Rico and Canada for one low flat monthly rate with no hidden fees. You also receive 13 calling features(hop:/loprimum.com/voice'includedjsp)at no extra charge and other advanced features like My Oplrmum[nice(http:lioplinrum.cont/voice/mVov.isp) Anonymous Call Blocker Anonymous Call Blocker blocks all calls to you where the calling patty docs not display their name and number.The caller will receive a message to display their Caller ID if they wish their call to go through.To unblock Caller ID,the caller must dial*82 before placing a call. Caller ID Caller ID lets you find out who's calling before you answer the phone. Displays the name and telephone number of the incoming caller, provided they nre not blocking their caller ID. Requires a caller ID compatible telephone or display device. Caller ID Blocking(*67) Caller ID Blocking(*67)lets you hide your name and number when making a call.Caller ID Blocking(*67)is available on a per call basis.To block your name and number when making a call,dial*67 before dialing the number you're calling.You should hear a stutter tone that indicates that Caller ID Blocking is active.After you hear the stutter tone,proceed in dialing the number of the parry you are calling. , Call Forwarding Call forwarding automatically redirects your incoming calls to a forwarding number so you never miss an important phone call.With Call Forwarding,the incoming call will not ring on your Optimum Voice line,but instead will ring another phone number you choose,like a cell phone or work number. Call Forwarding can be turned on and off through the Features tab of life Afy Optimum Voice Web site or by phone(tum on*72,turn off*73). Find Me Find Me allows Optimum Voice to follow you wherever you go.Calls to your Optimum Voice line will ring up to three additional phone lines,like a cell phone or work number,simultaneously.The incoming call can be answered by any of the phone lines,and the call will be connected to whichever phone answers first. Enhanced Voicemail Cnhanced Voicemail provides all the features of an answering machine combined with the power of the Web: • It has all the basics you would expect.You can listen to messages,create personal greetings,and access your mailbox f iom any location. • Unlike with a standard answering machine,when,you're on the phone there's no need to pick up other calls.Your friends and loved ones can easily leave you a message. Plus,we include the following features: • Use the Web to check your voicemail • Receive voicemail messages through e-ntnil. • Receive notification of urgent message by pager or phone. Call Waiting with Caller ID Call Waiting with Caller ID provides Caller ID inlionnanon for all Call Waiting calls. Call Waiting Alerts you of incoming call when you are on the phone,and allows you to switch back and forth between calls. While you are on the Phone,a tone will alert you of an incoming call.To pick up an incoming call waiting call,or to return to your first call,press the hook switch or flash key on your phone. Page 122 of 134 Page 235 of 298 Busy Redial Busy Rediaf(*66):Don't waste time dialing busy numbers.Dial*66 and Optimum Voice will do the work for you and call you back when the'line you're calling is free. 3-eap Calling Three-Way Calling allows you to add a lint[party to your conversation.One of the calls must originate from your phone line. VIP Ringing VIP Ringing:Always know when friends and family are calling even before you get to the phone.With VIP Ringing.you can designate up to 32 telephone numbers to ring with a second,distinct ring tone. Call Return(*69) Call Return(*69)lets you identify and dial the last incoming caller to your line.Call back may only be initiated for calls within your area code- Multiline Hunting Have your incoming calls routed to an idle phone line within a specified group of lines.That way all calls are handled immediately. Business Wiring Optimum Voice for business will connect the phone lines from an Optimum Voice-enabled cable modem to a network interface device, which serves as the demarcation point for the Optimum Voice service- We offer two options for professional installation of the service: Basic Installation Cablevision will enable one(1-4)telephone number(s)on the Optimum Voice cable modem(s).The customer is responsible for providing the telephone device and wiring that will be connected to the cable modem.Cablevision is not responsible for connecting other phones in (lie business to the Optimum Voice cable modem. Business Wiring Solution A trained Held technician professionally insuills all business lines- Optimum Voice provides a business wiring solution that enables customers to use Optimum Voice as standard telephone lines. Cablevision will use a network interface device INID),a common conneclivit panel used in commercial locations and this NID%sill be the demarcation point for the Optimum Voice service.Cablevision will eonneet the wiring from the cable modem to the\ID. Cablevision will be responsible for delivering dial tone to the demarcation point.The customer will be responsible for wiring front the NID out to the individual phones)or connecting to their phone system. Optimum Voice is a cable modem service available exclusively to Optimum Oolineg customers and requires Internet access via Optimum Online to complete activation.An Optimum Voice-ready cable modem will be provided for the tern of your service.The service includes a free to use modem and battery backup,all poring costs and one straight-line white page directory listing.Upon cancellation of both the Optimum Online and Optimum Voice services,customer must return the modem or be subject to a non-return fee of S 100.Optimum Voice does not support pay services orthird-party billing. Call forwarding is not available outside the conlinenial United States.Voicemail and lnlemational Calling inquire activation via the My Optimum Voice web portal.International calls are billed via credit or debit card and a minimum charge is required at set-up. Per minute charges apply for calls made to destinations in the United States.Puerto Rico and Canada using remote access.Remote culls made tom pay phones are subject to a S0.35 per call charge,in addition to the per minute charge.Optimum Voice uses electrical power to operate and will not function in the event of a power outage unless it is connected to the provided battery back up.Cablevision does not support the use of Optinnrm Voice as the connection between emergency medical alert systems and central station monitoring.Prices and offerings subject to change or discontinuation without notice.Optimum Voice is not available in all areas. Cable Modern Products:The terms and conditions for Cable Modern Scrvice,i.e.Optimum Online, Optimum Online Boost,and Optinmm online Boost%with Static IP,arc located at the following link:www•.opti3llu311.Goo/supporltlenns.isp't=oo1 Page 123 of 134 Page 236 of 298 Lightpath Remote E-Link Description and Guidelines Remote E-Link is a total business broadband service solution for small remote offices of Lightpath Fiber Lit Customers,Last Mile access and transport is delivered over HFC Network with voice services provisioned via the Lightpath 5ESS switch. Remote E-Link is an all-inclusive flat rated offer,available in 3 sizes. Package l: Up to 6 Business Lines or Analog Centex Lines, Package 2:Up to 12 Business Lincs or Analog Centrex Lines,Package 3:TI(2 way analog(unks),24 Analog Business lines or Analog Centrex lines or PRI. Customer receives Lightpath's award winning customer service and network reliability,with one number to call for sales and service. Remote E-Link customers receive centralized billing and collection:one Lightpath invoice for all their Lightpath services and locations. Eligibilit • Customer must have at least one Lightpath on-net location:installed prior to Remote E-link activation • Remote E-Link is only deployed to locations that are too small for an Lightpath New Build,but desire single vendor solution with Lightpallt. Only new business opportunities-no type 2 conversions Customer will receive a single invoice solution lot all locations;mailed to lit location. Remote E-Link locations must be within Cablevision franchise and Lightpath I'ootp6m requires an active Lightpath rate center • Business case approval required for all opportunities :a rRemote E—Link 12 RemateE-Lirtk24 Up to 6 lines Up to 12 lines Up to 24 lines M . r Unlimited M OU Unlimited M OU Unlimited M OU r Lung Distanic Business Lines Business Lines T-1(2 way analog Analog Centrex Analog Centrex trunks) ISDN-PRI Business Lines Business Lines Business Lines,I SDN- Analog Centrex Analog Centrex PRI,Analog Centrex 11111111111&d M, Up to 15141 down/2M Up to 15M down/2M Up to 30141 down/214I Up UP U No No Fes M . I• No No No r • - Modem &V-mux Modem'&&V-mux Modem &V-mux included included included Product Notes • MOU(Minutes of Use)include local,regional and domestic LD. (Directory Assistance.tmemational,io11 free and operator services areall charged at standard rotes). • Business Line/Centrex Linc features include.Call Forward(Busy.Don'(Answer,variable),Call Return,Caller 1D Number,Hunting, Call Waiting,3-Way Calling,voice mail • PRI feature set includes Caller ID and set of 20 DID numbers • Lightlinks(TI)feature set includes 20 DID numbers Abbreviated Dialing capability* * Ail locations must be on Lightpath (Lit or Remote E-Link). Requires Centrex or PBX at Lit Host location. Remote E-Link sites will be provisioned as analog Centrex. Page 124 of 134 Page 237 of 298 LEGACY TDM VOICE SERVICES (Centrex Service no longer available and subject to the Pricin.0 Schedule Terms) Lightpath currently provides its voice telecommunication services pursuant to the provisions of tariffs on file with the New York Public Service Commission(the"PSC")and the Federal Communications Commission(the "FCC") for Westchester County. Lightpath currently provides a Central Office Solution(commonly known as "Centrex")and other services(the"Services"). The Services provided by Lightpath operate in accordance with the specifications(i.e., features and functions)set forth as noted below and the appropriate tariffs. Lightpath shall continue to provide Westchester the ability to retain currently used telephone numbers. All tariff services offered by Cablevision Lightpath will be available to the County. Services include,but are not limited to the following: Usage Sensitive Services Local Calling—Westchester County New York State Calling(outside of Westchester County) Interstate Long Distance—Outbound Inbound Toll Free International Centrex Service Centrex service analog or digital lines include the following features: Attendant controlled voice terminal Authorization Codes Automatic Call Back Automatic Call Distribution Automatic Route Selection Billable Calls(AIOD) Brownout Protection Call Forward—Busy Call Forward—Does not answer Call Forward—Variable Call Forward Outside Centrex Call Hold Call Pick-up Call Trace Call Transfer—AII'CalIs Call Waiting Class of Service Customer System Arrangement(MACSTAR) Delayed Ringing Direct Inward Dialing Direct Outward Dialing Disconnect Supervision Distinctive Ringing Do Not Disturb Drop Flash Handset vs. Headset Operation Hold Hunting(terminal) Intercom Page 125 J 134 Page 238 of 298 5 Digit Dialing Last Number Redial Line Treatments(Class of Service) Local Number Portability Message Waiting Indicator Music on Hold Mute Paging Privacy/Manual Exclusion RingDown Line(Hotline) Station Message Detail Recording(via a dial-up access) Speed Dial(One Touch) Speed Dial(Programmable) SS7 Support Dial 9+Number Station-to-Station Dialing Three way Conference Calling Time of Day Routing Six way Conference Calling Touch Tone Transfer Uniform Call Distribution Virtual Private Network 10 Digit Screening on Outbound Calls Voice Mail The following features and capacities are included in the Basic Business Mailbox: Messages automatically time and date stamped Remote access and retrieval of messages Standard Mailbox: 40 message storage 3 minute message length 30 days storage length 5 minute maximum greeting length Large Mailbox: 60 message storage 6 minute message length 60 days storage length 5 minute maximum greeting length The call processing feature is provided through the Auto Attendant Mailbox: Dialog boxes and information mailboxes 3 minute message length 5 minute maximum greeting length The County can dial into the Voice Mail System and make the necessary changes to the greeting, voice signature;password,auto forwarding,notification destination,etc. The County will continue to administer the voice messaging services using dial up access into the administration module-called Comverse. MACSTAR: The MACSTAR service will be used to do the Move,Add and Change functions for SESS Centres Service. Page 126 of 134 Page 239 of 298 MACSTAR is not a direct access to the 5ESS switch. It is an adjunct processor with a database that mirrors the actual translations residing in the 5ESS central office switch. The County will have secure access to their Centrex Group database through their PC and modem (Westchester County CPE). Westchester County administrator(s) will manaee the Moves. Adds and Changes into the MACSTAR. Interested participants will have access to their own Centrex Group database,if needed. The 5ESS continually polls the MACSTAR throughout the day for any new changes to the Centrex Service. Maintenance Lightpath will perform routine preventive maintenance on central office, hub; and customer premise equipment. Specifically, back-up generators, battery packs, HVAC systems are subject to scheduled preventative maintenance.Batteries are regularly checked and replaced before they fail. Lightpath technicians, on a regular basis inspect all customer sites. Typical of the tasks that are performed during the site inspection include,but are not limited to: Cleaning of the equipment of dust; Checking voltage levels of the back-up batteries; Replace batteries(if indicated); Checking the alarm features; Check f'an assemblies. Page 127 of 131 Page 240 of 298 OVER'IENN'OF SERVICE DELIVERY PROCESS OF A NEW BUILD(NO\-LIT)ORDER Interval=75 Business Days The following is a General process oven iew.and if applicable,nnav be sub ect to slight variations.which will be communicated by die Project Manager. What to expect: LandlordRight of Way Permits Approval � T—/7 Liglttpath will present the Landlord of your location with an Access Agreement. NVe cannot proceed to the nest steps without the Landlord's approval. You will be contacted by a member of our Outside Plant Consintetion Tea€n to schedule a Site Survey at your site. This task is performed to outline the proposed route to build access between yotu•location and our fiber point of presence. LiQhtpath will apply for the necessary permits which will allow us to construct the proposed route or attach to a utility pole between your location and our fiber point of presence. BuildInitial • • 1 :• • • n, Fiber Splicingl a;\ l 77 Upon completion of the Site Survey. ROGN'and Landlord Approval, your order will be assimned to an Outside Plant Construction (OSP) N-lanaser. The OSP Nlanaser will contact you to schedule a walk thrr of your site. The OSP Manager will create a write up (Initial Build Orders—aka—1130), drat will outline the wort: to be performed. The write tip will also provide the teurnrive constntction start and completion dare. Lishtpatlr will begin cotisnuctiou to place the Fiber from the street to your location Upon completion of construction the job will be turned over to our Network Fiber Maruaeement Group who will splice the Fiber both inside and outside of your location. Page 128 of 134 Page 241 of 298 New Build Service Delivery Process Cont. Equipment Build IrVoice and/or Data Circuit Design • IITrarslations Upon completion of Fiber Splicing our Engineering Group will begin the specifications and requirements of the equipment that will be installed at your location_ Now that construction is complete and the equipment specifications are complete, our Circuit Design Group will begin designing your Voice and/or Data Circuit(s). Your Voice and/or Data services will be translated(progranuued)in our Switch/hletwork 0 Logistics j Dispatch Request -T7 The Quality Assurance Teams (also known as QA Review Process)will review the entire order to ensure that it meets the required specifications. The parts and Equipment will be pulled from the Warehouse and staged for your order. Upon completion of our QA process and Logistics, your Project Manager will sublrrit the orders to Lielrtpath Central Dispatch requesting to physically install the service. A member of our Dispatch Group will contact you directly to negotiate an installation date with you. Page 129 of 131 Page 242 of 298 SCHEDULE O PRIVACY POLICY Lig �J/a Privacy Practices Liglrtpath is committed to respecting and protecting the privacy of our customers.During the nonnal coarse of business,Lishtpath may acct;mulale customer proprietary network hrfonnation (CPNI). which is irtfornration that relates to the quantity, technical configuration. type. destination. location and amount of ase by Customer-of certain Services purchased pursuant to this Service Agreement.For our customers'security.Lishtpath restricts access to CP\1.For example,in order to access CPNI online,Customer must have a password.To establish a password.Customer must be authenticated.The authentication process and other CPNI security procedures are detailed in the CPNI Secroity Procedures Policy provided with this Service Agreement.If Customer does not agree with the CPNI Security Procedures Policy or if Cu5tQuler requires an additional copy of the procedures.Customer should contact Liglrtpath. LiOnpath also restricts the use of CP\`I.Except for uses permitted or required by law.Liglrtpath wiii seek Customer's approval to use CP\`I for marketing purposes. Customer may choose at any time to restrict-the use of CPNI for marketing purposes by calling Liglrtpath at 516-303-6000.Choosing to restrict the use of CPN7 for marketing proposes will not affect the provision of any Service to Customer.Liglrtpath will not disclose CPNI to a thud party for marketing proposes without the Custorner's pemtission. Without otherwise limiting Lightpath's riglu and ability to amend the Terms&Conditions from time to time upon posting revised Terns&Conditions at wwtv.GoLiglnpath.com. the Privacy Practices.including the CPNI Security Procedures Policy,will not be modified or mised by Lightpath without notification to you,including art opportunity for you to comment on the revisions. Page 130 of 134 Page 243 of 298 SCHEDULER SECURITY PROCEDURES POLICY Lig Oat CPNI Securily Procedm•e.s Policy Lightpath is committed to respecting and protecting your privacy.Lishrpath utilizes specific procedures to protect custourey proprietary network infonnation(CPNI)and these procedures are smlmlarized in this CPNI Security Procedures Policy(••Policy"). 1. CFNJ Delined&Described CPNI is infotnmtiou that relates to die quantity,technical configuration,type.deslinatiorL IOCa6011,and amount of use of a teleconununications service or interconnected VOIP service subscribed to by any customer and that is nude available to the carrier by the customer solely by virtue of the service provider-customer relationship:and information contained in the bilis pertaining to telephone exchange service.telephone toll service.or interconnected VolP service received by a customer of a leleconmrunicanons carter or interconnected VOID provider. , CPNI includes call detail records(CDRs).which contain inonuation that pemains to the imusmission of specific telephone calls,including. for outbound a]IS,the ntnnber called.and the thne,location,or duration of any call arid,for inbornd calls,the mmnber finun which the call was placed, and the time, locaiion or duration of any call. CTNI does not include information that does nor fall within the above defiuitimr. CPNI does not include the Customer's nature.telephone mmnber or address. 2. access To CPNI 2.1. Over-The-Phone a, Cusiotaerr Renuest_for_Call Detail Records.(CDRs). Liglnpath will not provide CDRs over the telephone to callers-ho contact Lightpath.if a Cir toiner can identify a call.Liglupath lnay assist the Customer with resard to that call ondv. b. Customer Request for Non-CDR Infonnntion. L If a caller requests Thar U21upath discuss and disclose non-CDR CPNI over rhe phone. Lightpath will request cerain account infomatrion.This information will be verified by Li_htpath. H. If the arstolner cannot be verified.Llghtpath will not discuss or provide non-CDR CPNI to the caller. c. Customer Request for Ondine User Nana,Password C Secmiry Chrestion. i. If a caller requests an online User Nance,Password or Security Question.the caller will be directed to the Lighnpath website. ii. If a Customer has misplaced or forgotten the Password and Security Question.the caller will be referred to the website to reset the Password. If the caller requires assistance to reset the Pa5Swgrd, Liglttpalh will request certain account intonation. This information will be verified by LWapath. iii. If tire Customer cannot be verified.Liglutpath will not reset the User Nance.Password or Security Question. _._. Mail a. A Qtstoiner irtay obtain specific CPNI by sending a written request to care@,,GoLigluparli.com with account infanualion to verify the Customer. . b. If the Customer cannot be verified,Lighipath will contact the Customer listed on the account,If the Customer listed on the account corrftnns the request,Lightpath will require a second written request from the Custouner listed on the account. 2-3. Online a. To gain access online to CPNI.a CILStgnler rnilst provide a Username and Password. b. To establish a Username artd Password.a Custerner muss complete and submit an online font with certain account information.This information will be verified by Uithipath. c. If the information provided on the fonu is inaccurate and cannot be validated,Li_ahtpath will contact the Customer listed on the account. d. If a Customer forgets the Username or Password, the Customter nisi provide certain information associated with the account.This information will be verified by Liglupath. 2,4. On Site CPNI is not available firm rrtait locations. 3. A—..nt Cbnnges Lightp-th will 11*1 send a Customer any specific notification of accomn cluanges such as when a Password,a response to a Security Question,online accomd or address of record is created or changed. 4. Confidential Nature Of These Procedures To ensure that Liglupath is able to protect your CPNI in the maturer contemplated by this Policy.we require that Customer strictly maintain the confidential nature of this Policy.Customer shall not disclose,and shall not permit.allow or facilitate any disclosure Of,1111.5 Policy or any of its contents to any third parties. Customer agrees to preserve the proprietary nature of the Policy and will promptly notify Lhghtpath if any of its contents have been disclosed or revealed to any third parry. Page 131 of 134 Page 244 of 298 SCHEDULES INTERESTED PARTICIPANTS ACKNOWLEDGED AS OF EFFECTIVE DATE 1) ARDSLEY PUBLIC LIBRARY 2) ARDSLEY UNION FREE SCHOOL DISTRICT 3) ARDSLEY VILLAGE OF 4) BEDFORD CENTRAL SCHOOL DISTRICT 5) BEDFORD HILLS.TOWN OF 6) BLIND BROOK PUBLIC SCHOOLS 7) BOCES: LOWER HUDSON REGIONAL INFORMATION CENTER 8) BOCES: PUTNAM NORTHERN/WESTCHESTER BOCES 9) BRIARCLIFF MANOR SCHOOLS 10) BUCHANAN TOWN OF; ENGINE COMPANY NO 1 INC 11) BUCHANAN VILLAGE OF 12) CITY CARTING OF WESTCHESTER 13) COMMUNITY HOUSING INNOVATIONS INC. 14) CORTLANDT TOWN OF 15) COURTS; DIVISION OF TECHNOLOGY 16) CROTON FREE LIBRARY 17) CROTON ON HUDSON VILLAGE OF 18) CROTON-HARMON SCHOOLS 19) DOBBS FERRY LIBRARY 20) DOBBS FERRY VILLAGE OF 21) EASTCHESTER PUBLIC LIBRARY 22) EASTCHESTER TOWN OF 23) ELMSFORD VILLAGE OF; 24) FAMILY SERVICES OF WESTCHESTER 25) GREENBURGH NATURE CENTER 26) GREENBURGH PUBLIC LIBRARY 27) GREENBURGH TOWN OF 28) HACKLEY SCHOOL 29) HARRISON CENTRAL SCHOOL 30) HARRISON VILLAGE OF 31) HASTINGS ON HUDSON PUBLIC LIBRARY 32) HASTINGS ON HUDSON VILLAGE OF 33) IRVINGTON UNION FREE SCHOOL DISTRICT 34) IRVINGTON VILLAGE OF 35) KATONAH FIRE DISTRICT 36) LAKE MOHEGAN FIRE DISTRICT 37) LEWISBORO TOWN OF 38) MAMARONECK PUBLIC LIBRARY 39) MAMARONECK TOWN OF , 40) MAMARONECK UNION FREE SCHOOL DISTRICT 41) MAMARONECK VILLAGE OF Page 132 of 134 Page 245 of 298 42) MOUNT KISCO PUBLIC LIBRARY 43) MOUNT KISCO VILLAGE OF 44) MOUNT PLEASANT BLYTHEDALE UNION FREE SCHOOL DISTRICT 45) MOUNT PLEASANT TOWN OF 46) MOUNT VERNON CITY OF 47) MOUNT VERNON PUBLIC LIBRARY 48) NEW CASTLE TOWN OF 49) NEW ROCHELLE CITY OF 50) NEW ROCHELLE PUBLIC LIBRARY 51) NORTH CASTLE SOUTH FIRE DISTRICT,NO.I 52) NORTH CASTLE TOWN OF 53) NORTH SALEM TOWN OF 54) NYC: NEW YORK POLICE DEPARTMENT 55) NYS: NEW YORK OFFICE OF TECHNOLOGY 56) PEEKSKILL CITY OF 57) PEEKSKILL LIBRARY 1 58) PELHAM MANOR VILLAGE OF 59) PELHAM PUBLIC LIBRARY 60) PELHAM TOWN OF 61) PELHAM VILLAGE OF 62) PLEASANTVILLE VILLAGE OF 63) PORT CHESTER VILLAGE OF 64) POUND RIDGE TOWN OF 65) PURCHASE FIRE DEPARTMENT 66) PURCHASE FREE LIBRARY 67) RYE BROOK VILLAGE OF 68) RYE CITY OF 69) RYE FREE READING ROOM 70) RYE NECK UNION FREE SCHOOL DISTRICT 71) RYE TOWN OF 72) RYE UNION FREE SCHOOL DISTRICT 73) SCARSDALE PUBLIC LIBRARY 74) SCARSDALE PUBLIC SCHOOLS 75) SCARSDALE VILLAGE OF 76) SOMERS PUBLIC LIBRARY 77) SOMERS TOWN OF 78) TARRYTOWN & SLEEPY HOLLOW PUBLIC LIBRARY 79) TARRYTOWN SCHOOLS 80) TARRYTOWN VILLAGE OF 81) THE CHARLES DAWSON HISTORICAL CENTER 82) TUCKAHOE PUBLIC LIBRARY 83) TUCKAHOE VILLAGE OF 84) VALHALLA UNION FREE SCHOOL DISTRICT 85) WESTCHESTER COMMUNITY COLLEGE 86) WESTCHESTER COUNTY 87) WESTCHESTER COUNTY DISTRICT ATTORNEY'S OFFICE Page 133 of 134 Page 246 of 298 88) WESTCHESTER COUNTY HISTORICAL SOCIETY 89) WESTCHESTER LIBRARY SYSTEM 90) WESTCHESTER MEDICAL CENTER 91) WESTHAB 92) YONKERS CITY OF [NO FURTHER TEXT ON THIS PAGE] Page 134 of 133 Page 247 of 298 January 10,2017 RESOLUTION CONSIDERING A TRANSFER OF FUNDS FOR A STREET LIGHT PROJECT WHEREAS,the Village Board decided to consider the implementation of an LED Streetlight Program in the Spring of 2016;and WHEREAS, an agreement with Graybar Electric Company Inc. was approved by the Village Board on July 26, 2016 for the removal of existing streetlight bulbs and installation of LED bulbs for $232,502.84,not exceeding the $250,000.00 limit; WHEREAS,additional fixtures and fuses are needed to close out this project at an estimated additional cost of$11,500.00 NOW THEREFORE BE IT RESOLVED, that the following proposed budget transfers are hereby approved for the implementation of this project: FROM: Contingency Account $11,500.00 (101-1990-424) TO: Capital Projects Account- $11,500.00 LED Streetlights Project (901-5182-402) Page 248 of 298 C9 Gr ' 229 CHURCH ST ALBANY NY 12202-1060 Phone:518-436-4761 Fax: 518-434-6739 To: Village of Rye Brook Date: 12/22/2016 938 King Strret RYE BROOK NY 10573 Proj Name: ADDITIONAL LED HEADS Attn: MICHAEL NOWAK GB Quote M 0226633247 Phone: 914-939-0753 Valid From: 12/22/2016 Fax: 914-939-5801 Valid To: 01/21/2017 Email: adam.gentile@graybar.com Contact: Adam Gentile Email: adam.gentile@graybar.com Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows Item Quantity Supplier Catalog Nbr Description Price Unit Ext.Price Notes: US COMUNITIES CONTRACT# MA-IS-1340234 10 YEAR LIMITED WARRANTY. Labor for Instalation is included in price as well as recycling of old Fixtures. FREIGHT ALLOWED OVER$1,000 RELEASES ONLY. BASED ON CURRENT BUSINESS CONDITIONS,THE LEAD TIME IS 10-12 WEEKS AFTER ACCEPTABLE APPROVAL & RELEASE OF ORDER.THIS LEAD TIME MAY BE DIFFERENT AT ORDER TIME, CONFIRM WITH DMA B4 ORDERING. 100 6 EA PHILIPS LUMEC RFS-35W16LED3K-T- $340.55 1 $2,043.30 R2M-UNIV-DMG- NYBC-PH8XL 500 99 EA FUSE AND SOCKET $87.76 1 $8,688.24 REPLACMENT INC LABOR Total in USD (Tax not included): $10,731.54 This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services(subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar,visit our website at www.graybar.com 24-Hour Emergency Phone#:1-800-GRAYBAR Subject to the standard terms and conditions set forth in this document. Unless otherwise noted,freight terms are F.O.B.shipping point prepaid and bill. Unless noted the estimated ship date will be determined at the time of order placement. Page 1 of 2 Page 249 of 298 To: Village of Rye Brook Date: 12/22/2016 938 King Strret Proj Name: ADDITIONAL LED HEADS RYE BROOK NY 10573 GB Quote #: 0226633247 Attn: MICHAEL NOWAK Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows Item Quantity Supplier Catalog Nbr Description Price Unit Ext.Price GRAYBAR ELECTRIC COMPANY INC. TERMS AND CONDITIONS OF SALE ICcr It of the buE OF ORDERS EB INATIOaNnes uus�afisfaetof to Grn�barsubject Grae bar°reservtespthe rt ht to termwatecu on°nonce to Bu ybar Ed hoCut liabili'Ito GmGbtbar")and,when applicable,Graybar's suppliers. yero good ("Buyer') ry y y g p user an liability ray bar. PRICES AND SHIPMENTS-Unless otherwise quoted,prices shall be those in effect at time of shipment,which shall be made F.O.B.shipping point,prepaid and bill. 3.RETURN OF GOODS-Credit may be allowed for goods returned with prior approval.A deduction may be made from credits issued to cover cost of handling. forAXES h co`shownd o no incluudfee wales or othertaxes i osc�utthee sale of goods.Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price.Buyer agrees to reimburse Gmybar y suc prove epexemption 5.Dtrol Facto DELIVERY t r delive a`datestarebtheebest eatuuat s of oaiirssu dlierse`and w no case shall Gra bar'be liable forsasnupco se to sh�p or deliver o e or other form shy dela beyoha men[bor deliv a°able con Factory shipment ry pp y y cand will make available uoynsequen pecia ages arising y y ins p ry. 6.te1MIhT�EDpp WARRANTIES-G)ra�bde t Grayywarrants bar byy�[hgOOdsto c�f fe�of anoy�secGRAYBARtMAKES NO OTHER EXPRN;SS OR MPLIED WARRANer all transferable TTESI°A SPECIFICALLY DISCwiffioua limitation w—LAIMS ALLPIMPLIED WARRANl'IES INCLUDING BUT NOT LIMITED'1'O TE IMPLIED WARuANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE.UNLESS FOR USE IN OR IN CONNECTION (W(3 WISE ASAFETGREED IN WRITING BY AN AUTHORIZED APPLICATION OR THE CONTAINMENT AREA OFA NUCLPRESENTATIVEEAR FACIBLITT R(21 IN A HEALTHPRODUCTS SOLD CARE A PLIUNDER CAT ON,WNOT HERE THE GOODS AV HAVE FOR DIRECT PATIENT CONTACT OR WHERE A SIX(6) FOOT CLEARANCE FROM A PATIENT CANNOT BE MAINTAINED AT ALL TIMES. 7. LIMITATION OF LIABILIbarTY-B. er's remedies unded tor this agreemenrort are subject to any limitations contained in manufacturer's terms and conditions to Gra bar,a cop ofwhich will be furnished upon written ore1N(:I thr e,SPEC ALGraY ORsCONSEQUENTIALIDAMA ES.In addilioglclaims foacement r sho gessother[lino loan inptrao item must de latG made inywriting na rumredNO CA E than five(s days after receipt of shiALL GRAYBARpmenE Lt. 8. FOR 8.WAIVER-The failure of Gmybar to insist upon the performance of any of the terms or conditions of this agm cut or to exercise any right heman der shall not be deemed to be a waiver of such terms,conditions,or rights in the future,nor shall it be deemed to be a waiver of any other term,condition,or right order this agreement. 9.MODIFICATION OF TERMS AND CONDITIONS-These terms and conditions s ersede all other communications,negotiation,and prior oral or written statements regarding the subject matter of these terms and conditions.No change modihcatioq rescission,discharge abandonment,or waiver ofhese terms and conditions shall be binding u o Gra bar unless made in writing and signed on its behalf b a duly authorized mPess he�reha@er mane warty'trn°andd signed bgihe hade'to ne nowa:en g°`pelf fl�oai�icat modifications to°adtiooaterms°atr'e s°fpecifm°icallg modted'and deermped a'matenal altee°rehon hereofsIf this dodclOeht Shal"be aee��an acceptance of a prior offer by buyer,such acce t ice is ex ressl ditiomd upon B is assent to an additional or diftemut terms set f rth herein. p p y con p nye y a 10.REELS-When Graybar ships returnable reels,a reel deposit may be included in the invoice.The Buyer should contact the nearest Graybar service location to return reels. lyders CERTIFICATION ofthe United States llepartmarheeot of Labor issued under at these Section l�ther°eo�E Thisagrelement ist subje[tlo Executive Ordert11246�as amen'd'ed,the Rehd of bi12 lltation Act 9d7a3`asAamt'as ended the Viemd tnam Veerl�hons and Readjustrment Assistance Act of 1974,as amended.E.O.13496,29 CFR Part 471,Appendix A to Subpart A,and the coresponding regulations,to the extent required by law.41 SFR 60.1.4,60-741.5,and 60-250.5 are incorporated herein by reference to the extent lege ly required. 12.FOREIGN CORRUPT PRACTICES ACT-Buyer shall corn ly with applicable laws and re Mations relating to anticortuptioq ipcludin, 'thou[limitation,(i the United States Forei n Corupt Practices Act CPA)(15 U.S.C.gg 78dd-1 et.seq.)irespective of the place oi!perf rmance and(o�laws or rcgplafions im lermenM the Organ-al n. Economic Coopers ion and Development's vention on Combating ff�rfo�rman a of is Ott iatern International will occuTom se us,the J.N.C vention Agamst Corupeioq and t e Inter-Amencan Convention Against Coruption in Buyer's country or any country where pe agrcemen delivery o g 13.AS SIGNMENT-Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Graybar,and any such assignment,without such consent,shall be void. 14.GENERAL PROVISIONS-All ty g hical or clerical erors made by Graybar iq any quotation,acknowledgment or publication are subject to con" 10.This a e t shall be erred by the.11aws of the State of Missouri tip licable to contracts to be tortme�d and fully erformed within the State of Mlssour without i g effect to the choice or conflicts of law provisions thereotgAll suits arising ora co e g this agreement hhall be filedp in the Circuit Court of St.Louis County,Ivrissouri,or the United States District Court for tge Eastern Dlto of Missouri,and no other place unless otherwise determined m Gmybar's sole discretion.Buyer ereby irrevocably consents to the jurisdiction of such court or courts and agrees to appear in any such action upon written notice thereof. 15.PAYMENT ENT TERMS adds to alt terms be as stated oGrag�Vinvvoice oras otherwise mutually agreed.As a condition of the sales agree cut,a monthly service charge of the lesser of 1-112%or the maximum permitted y y pal y netpress,and Discover credit cards are accepted at point of purchase only. laws,regulatipns,a d°orderskincludiug,siapp cable,all quirente"s of the lotematioral l'iafhcin Artmis Regula�hunsand/or thepExlsporteAdmin stration Acta ma beam`.dede"Buyer furtL`ee agtOreCes thesif the exporth laws are applicable rt well not disclose or re-export any.techn}cal data received under this order to any countnes for which the United States o ent r s an port license or oer ther supporting documentation at the time of export or transfer,unless Buyer has obtained poor wntten authorization from the United States Office of Export Control or other authority�°1°resposi�ble f r such matters. Signed: This equipment and associated installation charges may be financed for a low monthly payment through Gmybar Financial Services(subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar,visit our website at www.graybar.com 24-Hour Emergency Phone#:1-800-GRAYBAR Subject to the standard terms and conditions set forth in this document.Unless otherwise noted,freight terms are F.O.B.shipping point prepaid and bill. Unless noted the estimated ship date will be determined at the time of order placement. Page 2 of 2 Page 250 of 298 January 10,2017 RESOLUTION CONSIDERING THE APPROVAL OF THE MINUTES FOR THE MEETINGS HELD ON OCTOBER 25,2016,NOVEMBER 8,2016, NOVEMBER 22,2016 AND DECEMBER 13,2016. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees approves the minutes for the meetings held on October 25, 2016,November 8,2016,November 22,2016 and December 13,2016. Page 251 of 298 Draft c �.ws MINUTES k 4�is 1y1 Board of Trustees Meeting Village Hall,938 King Street Tuesday,November 22,2016 BOARD PRESENT: Trustee David M.Heiser Trustee Jason A.Klein Trustee Jeffery B. Rednick Mayor Paul S. Rosenberg BOARD ABSENT: Trustee Susan Epstein STAFF PRESENT: Christopher J.Bradbury,Village Administrator Greg Austin,Police Chief Edward Beane,Esq.,Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert,Public Access Coordinator Shari Melillo,Meeting Secretary 1 7:00 P.M.-EXECUTIVE SESSION: a) Legal Update on Rye Brook Firefighters Arbitration. 2 7:30 P.M.-REGULAR MEETING: 3 PLEDGE OF ALLEGIANCE: 4 REPORT/PRESENTATIONS: 5 PUBLIC HEARINGS: a) Public hearing on a proposed local law amending Chapters 209 and 219 of the Village Code regarding parkland reservations. Mayor Rosenberg explained that his Public Hearing was opened at the last Village Board meeting.Trustee Epstein has an interest in this and asked if it could be adjourned to a future meeting when she can participate in the discussion. Page 1 of 8 Page 252 of 298 Draft Board of Trustees November 22,2016 For Against Jason Klein(Seconded By) x Jeffrey Rednick(Moved By) x David Heiser x Paul Rosenberg x 4 0 6 RESOLUTIONS: a) Considering a proposed local law amending Chapters 209 and 219 of the Village Code regarding parkland reservations. b) Considering a revenue sharing agreement with Westchester County for enforcement of Taxi&Limousine Commission violations. Mr. Bradbury read the resolution: RESOLUTION CONSDERING A REVENUE SHARING AGREEMENT WITH WESTCHESTER COUNTY FOR THE ENFORCEMENT OF THE TAXI AND LIMOUSINE COMMISSION VIOLATIONS WHEREAS, the Village of Rye Brook entered into an agreement with Westchester County for the shared fine revenue of the Taxi and Limousine Commission in 2009 and renewed the agreement in 2012;and WHEREAS, Westchester County has requested renewal of said agreement for a term of three(3)years from the start date of the agreement. NOW, THEREFORE BE IT RESOLVED,that the Village of Rye Brook Board of Trustees hereby authorizes the renewal of the revenue sharing agreement with Westchester County for the enforcement of the Taxi and Limousine Commission violations. BE IT FURTHER RESOLVED, that the Mayor, Village Administrator and Police Chief are hereby authorized to execute and deliver all documents necessary or appropriate for the execution of the agreement Page 2 of 8 Page 253 of 298 Draft Board of Trustees November 22,2016 Mr. Beane added that he has gone through the proposal and compared it to the prior proposal and they are exactly the same. For Against David Heiser(Moved By) x Jason Klein(Seconded By) x Jeffrey Rednick x Paul Rosenberg x 4 0 C) Modifying the Village of Rye Brook Employee Policies and Procedures Manual to Incorporate a Cyber Incident Response and Notification Policy. Mr. Bradbury read the resolution: RESOLUTION MODIFYING THE VILLAGE OF RYE BROOK EMPLOYEE POLICIES AND PROCEDURES MANUAL TO INCORPORATE A CYBER INCIDENT RESPONSE AND NOTIFICATION POLICY WHEREAS, in order to address potential cyber incidents that may occur, municipalities in New York State are required to have a cyber incident notification policy or local law that is consistent with the NYS Technology Law, Section 208(8); and WHEREAS,the Village has prepared a draft Cyber Incident Response and Notification Policy to address the roles, responsibilities, and notification requirements in the event of a cyber incident to protect public and private information; and WHEREAS, the Cyber Incident Response and Notification Policy should also be incorporated into the existing Village of Rye Brook Employee Policies and Procedures manual. NOW THEREFORE BE IT RESOLVED, that the Rye Brook Board of Trustees hereby adopts the Cyber Incident Response and Notification Policy, and be it Page 3 of 8 Page 254 of 298 Draft Board of Trustees November 22,2016 FURTHER RESOLVED, that the Cyber Incident Response and Notification Policy shall be incorporated into the Village of Rye Brook Employee Policies and Procedures manual. For Against David Heiser(Moved By) x Jason Klein x Jeffrey Rednick(Seconded By x Paul Rosenberg x 4 0 d) Considering the approval of the minutes from the meetings held on September 27,2016,October 13,2016 and October 18,2016. Mr. Bradbury read the resolution: RESOLUTION CONSIDER THE APPROVAL OF THE MINUTES FOR THE MEETINGS HELD ON SEPTEMBER 27,2016,OCTOBER 13,2016 AND OCTOBER 18,2016. NOW THEREFORE BE IT RESOLVED that the Village of Rye Brook Board of Trustees approves the minutes for the meetings held on September 27, 2016,October 13,2016,October 18,2016. Mayor Rosenberg has not had an opportunity to read the October 25th or November minutes yet and asked to approve all but those two. For Against David Heiser x Jason Klein(Seconded By) x Jeffrey Rednick(Moved By) x Paul Rosenberg x 4 0 Page 4 of 8 Page 255 of 298 Draft Board of Trustees November 22,2016 7 ADMINISTRATOR'S REPORT: Leaf program at its peak-between 2 to 2 1/2 weeks-target is to try to go no more than 3 weeks.Most of the leaves are down and the website remains updated. Guys are doing a great job and while we couldn't get all the streets clean for Thanksgiving,they did their best and are working really hard. Mayor Rosenberg and the Board agree that they are doing a great job. LED lights-286 replaced so far out of 690 so about half way. It will be a few more weeks but they are working diligently. Reminder-Village office will be closed Thursday and Friday for Thanksgiving-we have an adjusted sanitation schedule as well but there is still bulk collection this week. Huge event on December 2nd-Winter Fest-great line ups and a lot of different things this year-very excited about it and looking forward to it. It was our biggest and most well attended event last year and hoping it continues to grow. 8 OLD BUSINESS: 9 NEW BUSINESS: a) Discussion of Westchester County's Proposed Lease for Private Management and Operation of the Westchester County Airport. Mr. Bradbury explained that the County is looking to sign a lease with a private company called Oak Tree for management of the Airport. Staff,Counsel and Airport Advisory Board was asked to review the lease document which is a pretty large document.We are concerned about the impact on Rye Brook and if the county decides to privatize the Airport than we want to make sure our Village and our residents are protected.We have all made comments which we just received tonight.....very difficult document to read and we will be attending a meeting on Monday,November 28th at the County offices to make preliminary comments on the lease. Tonight is for input from the Board so that those comments or recommendations can be made at the County on Monday. Mr. Bradbury advised that this is a 40 year agreement that seems to be being fast tracked. This is a negotiation that began in 2015 and they want to approve it in a record time and that may not be in the best interest of everyone in the long run.Revenue streams for the granting of the lease—they should really be Page 5 of 8 Page 256 of 298 Draft Board of Trustees November 22,2016 spread out so it appears to be really front loaded.Need a better understanding and more clarity on the capital program—there are a lot of projects and they are very expensive.....important to know how they are being funded. Mr. Beane added that there is a separate document called Operating Standards which is a long document of 10 separate plans or reports. The problem with the schedules is that in addition to the lease -many of them refer to something called a new use agreement which is mentioned in a number of the plans and the lease but he has not seen a copy of that report and it is an important report because it is mentioned in many of the documents.His main concern about this agreement is what it doesn't say-they talk about protection of the communities...environment...but it is not in the lease or any other document. There is also no written guarantee that there will be no expansion to the airport....that is no mentioned anywhere in the lease.He also believes Rye Brook should be a stakeholder and basically that means that we have a seat at the table when any major decisions need to be made...all the communities in the surrounding area should be stakeholders. Mr. Bradbury spoke of the Airport Advisory Boards comments- some of the items they spoke of were the Airport Master Plan which the County says is 95 percent complete. The terminal use agreement-pleased to see some of the positive recommendations-they want the public to be involved and informed of any environmental issues and projects as they occur. In terms of safety - continuing reporting of any incidents that occur-the ownership or partnership should share information with the surrounding communities-t hat there is a high level of communication with the County and the communities as well. They have submitted their comments in writing to the Village. Mayor Rosenberg thanked Mr. Bradbury and Mr. Beane for their comments and would like them to circulate their comments to the Board of Legislatures-the County Executive and the Airport Advisory Board as well. Rye Town Supervisor Gary Zuckerman addressed the Board and spoke of his role with the County which is a consultant to Chairman Kaplawitz and intergovernmental relations and liaison. He wants to explain why this lease arrangement is being proposed....basically it will plug a$15 million dollar deficit in the County budget. The way that this is being achieved is that monies that are raised by the airport must stay in the airport-cannot be diverted. However,back in the 1990's Congress passed a law that enables a public private partnership to in essence accomplish that.Historically,there is only one airport in the country right now that has this agreement-it is in San Juan Puerto Rico and is also being run by Oak Tree.Most of the attempts to do this at other airports have been unsuccessful. There have been extensive committee meetings-most of the concerns discussed here have already been raised by Page 6 of 8 Page 257 of 298 Draft Board of Trustees November 22,2016 Chairman Kaplawitz.He is not here to discuss the financials....but as Supervisor he too has concerns for the public-concerned with the effect on the residents.His major concern is that in changing this model into a profit making venture...will the voice of the residents be lost.Will we be able to reach out to the County for issues of concern as we do now?The Master Plan-the future of it will depend on the private operator-they will be in charge of the Mater Plan. The community involvement policy is an FAA policy and will go into effect no matter who operates the Airport. We all need to insist that the community involvement policy is in place and followed.Another question is SEQRA-the operator will have to follow SEQRA-he is assuming that the County will be the lead agency but he has questions on how effective they will be with the lessee making changes.He has a concern that he saw nothing in the agreement about the voluntary curfew that is currently in place. Supervisor Zuckerman explained that the Chairman has raised the possibility that this be subject to an RFP rather than move forward on the lease. It has been raised publicly and Oak Tree said that if an RFP was put in place they would move forward in that process.He thinks the Chairman has stated that it is highly unlikely this lease would be approved before the end of the year. Supervisor Zuckerman believes this is far from over.....he believes it would benefit the Village to review the hearings held with Oak Tree and the Wicks Group. The question was asked who would fund the Capital projects and Supervisor Zuckerman responded that the lessee is responsible for the funding of those projects. The Village has a concern about who has input on the Capital projects and how they will impact the Village and the residents There has to be a Capital Asset management plan- any projects would have to be approved by the County as well as the FAA. The Village will put their comments in a more formal document-we have conveyed what some of the issues are -our position is privatization could be good or bad depending on what the agreement is. This has to be the best deal for the County and right now there is only one deal on the table. The Board of Legislatures will be looking at that and what needs to occur for this to pass is 12 votes or a super majority. 10 DISCUSSION ITEM: 11 UNFINISHED BUSINESS 12 ADJOURNMENT ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Page 7 of 8 Page 258 of 298 Draft Board of Trustees November 22,2016 THE NEXT SPECIAL AND REGULAR TRUSTEES MEETING a) December 13,2016 and January 10,2017 Page 8 of 8 Page 259 of 298 Draft MINUTES Board of Trustees Meeting � �L�-� Village Hall,938 King Street Tuesday,November 8,2016 BOARD PRESENT: Trustee Susan R. Epstein Trustee David M.Heiser Trustee Jason A.Klein Trustee Jeffery B. Rednick Mayor Paul S. Rosenberg BOARD ABSENT: STAFF PRESENT: Christopher J.Bradbury,Village Administrator Greg Austin,Police Chief Edward Beane,Esq.,Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert,Public Access Coordinator Shari Melillo,Meeting Secretary 1 7:00 P.M.-EXECUTIVE SESSION: 2 7:30 P.M.-REGULAR MEETING: 3 PLEDGE OF ALLEGIANCE: 4 AFFORDABLE HOUSING PUBLIC HEARING: a) Public hearing to consider a site plan,rezoning and site plan(Lot 1)for a development at 259 North Ridge Street. Mayor Rosenberg advised that this hearing will be held open and there will be no vote tonight. This is going to be addressed in due time and will not be rushed through.Mayor Rosenberg advised the public that another public hearing will take place on Tuesday,December 13t`. On a motion made by Trustee Rednick and seconded by Trustee Epstein,the public hearing was opened and Mr. Bradbury called the roll: Page 1 of 12 Page 260 of 298 Draft Board of Trustees November 8,2016 TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES Mr. Clark Nueringer addressed the Board on behalf of Lazz Development and advised the Board that Mr. Larizza would not be in attendance tonight as he is away on vacation.Mr.Nueringer proceeded to give a little history of this project which involved a staff meeting held on October 13t`,a presentation made on October 18th at a Board meeting and on October 19th they submitted a revised plan. On November 1 st a full and complete set of revised documents were submitted to the village. They heard the comments and concerns of the Board of Trustees at the prior meetings and this new plan is what has come out of those meetings. The changes include a reduction in the number of buildings by half and the number of units reduced from 8 to 5.Parking spaces reduced to 14 and the parking lot reduced-impervious area reduced-lot grading disturbance area and building foot print reduced- stone retaining walls reduced... driveway reduced by 73 percent but the site distance remains the same. Everything has been reduced. They have included a cross walk and a pedestrian activated crossing device in the new plan as well. They have redesigned the building to look like a very large house with one main entrance a subordinate entrance and two side entrances.The footprint of the five townhomes is almost the same footprint of the existing home at 259 North Ridge Street. There is no change in the fact that there are no internal garages...they cannot accommodate garages.They are complete with their stormwater design as well and have hand delivered it to Mr. Rotfeld who is reviewing the information submitted. Mayor Rosenberg added that Mr. Rotfeld will be at the next meeting to give his storm water report. Mr.Nueringer finish by saying they listened very carefully and they worked hard to generate a new amended plan. The subdivision and zoning plan remain the same but the site plan has changed. It is a substantial notable reduction in all aspects-they heard the concerns and believe they have responded. Trustee Epstein asked about the impervious coverage total-it is currently 14,793 square feet-a 30 percent reduction.Driveway grade was adjusted to 10 percent on the current plan. Mr. Bradbury added that the reason the driveway change was made was our code requires two different grades-one for subdivision and one for zoning-the Page 2 of 12 Page 261 of 298 Draft Board of Trustees November 8,2016 subdivision requires a 10 percent grade. Trustee Rednick asked our traffic consultant to give his opinion on the crosswalk and traffic device proposed in the new plan. Mr. Galante addressed the Board-in reference to the cross walk his memo states that while the applicant has proposed a cross walk and a traffic control device in both directions...he does not recommend a cross walk at that location. He would suggest a flashing pedestrian crossing sign-they are very effective and getting more popular. Mayor Rosenberg asked Mr. Galante about site lines and asked what the difference was in comparison to James Way. Mr. Galante explained that there are sidewalks on both sides of James Way- the site distance toward Betsy Brown was 420 feet and the average speed was 25 miles per hour. Mr. Beane spoke of a protest petition he received this evening and he still has to review it and will advise the Board of what needs to be done. Mr.Nueringer added that if the Village wants sidewalks instead of crosswalk or traffic control device.....they have no problem with that and they are open to dialogue with the Village. Mr. Steve Effler of 274 North Ridge Street addressed the Board stating that the proposed new building have a 3200 square foot footprint and is 6 feet longer- and it's on two stories so it is 6400 square feet of house-the old cottage is half as wide which makes it 3.5 times bigger. This is twice as big as the biggest house in the neighborhood.He also spoke of the variances that would be required for setbacks. Mayor Rosenberg pointed out that this Board has flexibility for dimensional relief. Mr. Effler believes putting an apartment building in this one family residential neighborhood would impair the value of the homes.Mr. Larizza previously said that the profit comes from the two private homes-if they eliminated the affordable housing they would make more money. The two private houses haven't been discussed but where they are going they won't have the minimal site distance required. Page 3 of 12 Page 262 of 298 Draft Board of Trustees November 8,2016 Mr. Steve Grossman-251 North Ridge Street—started by saying that James Way is different from this application because they have sidewalks on both sides at that development. Everyone is closed tonight but the Village of Rye Brook thinks this meeting is more important than a national election. On this night there should be no public meeting and advised the Board that the next meeting will be standing room only.He is not surprised by this-Rye Brook has decimated our green space—he has lived through the pay for profit Fire Department—Red Roof ruined Hidden Falls-Bellefair where the public was supposed to be able to use the public space....but that never happened. It is only a matter of time before a plane crashes into that development.He questions why the Village picked this site for a development-your experts say there have been no accidents in three years-a lot of accidents are not reported so that report is wrong. He went on to talk about traffic on Ridge Street and believes the speeds on that road are much higher than reported. Questions the advocacy of the Board and the disrespect he and his neighbors have gotten from the Village-he believes the Village passes the buck-no call backs and therefore no paper trail.He complained about the condition of Ridge Street.He does not think the signs or lights would help either....people speed through school zones even with police cars parked at the exit of the school driveway.He also complained about the Village employees and how rude they are. It's time for the Village Board to advocate for the people -the people who put you in office. This property should be bought by Rye Brook and left alone.Finished by asking the Board to reconsider this project and take the people into consideration. Brad Schwartz an Attorney representing some of the residents on Eagles Bluff. They were retained following the last meeting.He has reviewed the prior and revised plans and wanted to stress up front that his clients are not opposing affordable housing and pointed out that even the paper written by F.P. Clarke regarding the open space available for development points out the disadvantages of this site. The plan as proposed still has problems such as environmental impacts.He spoke of harmony and orderly development as spoken in our code.He would like the Board to look at another reduction in density. Mr. Stach of Turner Miller Group was also hired by the residents to represent them before the Board.He commended the Village on their approach to affordable housing and he too believes affordable housing needs to be integrated in the community and not just placed on the outskirts. Equally important is that it is appropriately designed and they don't believe it is done that way.He believes this development is going to stand out and no amount of screening is going to fix that. In his opinion-it is an overly sized building and Page 4 of 12 Page 263 of 298 Draft Board of Trustees November 8,2016 from the back it looks like 5 units stacked in one very large building.He believes improvements can be made to the design for instance -2 smaller structures instead of one large one. There was discussion on the garages and Mr. Stach's suggestions on changing the plan.He spoke of distributing the density-two unit structure on two of the lots and three units on the third lot.He believes this can be improved not only for the neighborhood but also for the residents of this development.He thinks with a little more time and creative thought-it can blend structurally into the neighborhood.He does not see why the affordable housing units couldn't be door to door with the market rate homes. Tim Cronin a Civil Engineer also here for the residents spoke of the environmental constraints of the site.He spoke of the wetlands,the buffer and steep slopes.He has reviewed the latest memos from Mr. Rotfeld and he too is concerned with the retaining walls which are created in a fill station which will cause a problem over time. If these are going to be sold as individual units there will have to be a plan for maintenance -which the Mayor pointed out would be handled by the HOA. They did look at the storm water management and they have technical comments they can discuss with Mr.Rotfeld. Bruce Yowitz-3 West Ridge Drive has lived in Rye Brook since 1982-he discussed the part of the plan that changes West Ridge which ultimately changes his driveway which is close to the intersection-21 feet to the stop sign. The new plan makes West Ridge Drive extremely narrow by making it into a t-shape.He spoke of the guard rail on North Ridge Street which has saved many a car from going into the ditch.He believes removing that guard rail will cause cars to speed even faster.He spoke of the parking footprint and asked about landfill. Mayor asked Mr.Nueringer to follow up with this gentleman on his driveway concern. Mr.Pitocco-284 North Ridge Street believes the Village is continuing to make the land fit the building instead of the building fitting the land.We have to change the location of the guardrail-we have to put flashing lights on a cross walk to slow traffic down-if you have to make this many exceptions and changes to make it work its wrong—it's just wrong.The applicant wants to develop-make him put the sidewalk in.West Ridge has been there forever- why should we have to change it to make this thing fit. John Lee-32 Rockridge Drive -every window in his home looks at the proposed plan so he has a vested interest in the back of this project.His question is from the back-when the leaves are down-what will happen in the back of this property that during the winter he is not looking at walls and a Page 5 of 12 Page 264 of 298 Draft Board of Trustees November 8,2016 three story building from behind. Mayor Rosenberg asked Mr.Nueringer about the renderings that were requested at the last meeting.Mr.Nueringer responded that Mr. Larizza has commissioned a company to do color renderings but they could not have them ready for tonight's meeting. Peter Elkins-247 North Ridge-this is a great forum to begin a discussion about the safety of this site.He cannot back out of his driveway-it is a scary road and 41 mph is a fine average but he believes 55-60 mph is more like it. If this project is turned down would like the Board to look into the safety concerns on this street. Sabrina- 14 Eagles Bluff-truly resent that this meeting was not postponed- was looking forward to a healthy discussion with her kids on the election.This is a dysfunctional proposal for this site -she reminded the Board that the people in this room entrusted this Board and put them in their positions.Traffic concerns-drastic change on a scenic road-a crosswalk she would never use- please think about the neighborhood-the children and the environment. Mayor Rosenberg is adjourning this Public Hearing to December 13t`.He advised the public that there will be a work session open to the public as well. Mr. Bradbury explained that a work session is open to the public-more of a round table discussion with Planning Board members and Consultants.All additional information will be added to the website.The work session will start at 6:30pm on the same night as the Public Hearing on December 13t`. On a motion made by Trustee Klein and seconded by Trustee Epstein,the Public Hearing was adjourned and Mr. Bradbury called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES CARRIED. Page 6 of 12 Page 265 of 298 Draft Board of Trustees November 8,2016 5 PUBLIC HEARINGS: a) Public hearing on a proposed local law regarding parkland reservation for site plan and subdivision applications. On a motion made by Trustee Epstein and seconded by Trustee Klein,the Public Hearing was opened and Mr. Bradbury called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES Mayor Rosenberg would like to adjourn this Public Hearing to November 22nd On a motion made by Trustee Klein and seconded by Trustee Heiser,the Public Hearing was adjourned to November 22nd and Mr.Bradbury called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES CARRIED. 6 RESOLUTIONS: a) Considering a proposed local law regarding parkland reservation for site plan and subdivision applications. Adjourned to November 22nd CARRIED. b) Referring a subdivision application for the Sun Homes property at Reckson Executive Park at 1100 King Street to the Planning Board for a report and recommendation. Mr. Bradbury read the resolution: Page 7 of 12 Page 266 of 298 Draft Board of Trustees November 8,2016 RESOLUTION REFERRING A SUBDIVISION APPLICATION TO THE VILLAGE OF RYE BROOK PLANNING BOARD FOR REPORT AND RECOMMENDATION VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Board of Trustees is in receipt of an application by SC Rye Brook Partners,LLC, property owner, for approval of a subdivision of property located at 1100 King Street, designated as Parcel ID 129.25-1-1 on the Town of Rye Tax Map and located in the PUD Zoning District; and WHEREAS, the Board of Trustees is the Approval Authority for the application pursuant to Village Code 5250-7.E(4)(b)(2);and WHEREAS, the Board of Trustees determines the proposed action to be an Unlisted Action pursuant to the State Environmental Quality Review Act (SEQRA). NOW,THEREFORE,BE IT RESOLVED,that the Board of Trustees hereby refers the PUD subdivision application to the Village of Rye Brook Planning Board for review and a report and recommendation. BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-n, the application shall be referred to Westchester County Department of Planning for comment no less than 30 days prior to the public hearing concerning the application. BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-nn and the Westchester County Administrative Code,notice of public hearing shall be sent to the Town/Village of Harrison no less than 10 days prior to the public hearing concerning the application. BE IT FURTHER RESOLVED that the Board of Trustees directs that, pursuant to SEQRA, Notice of Intent to confirm its continuing status as Lead Agency shall be circulated to all Involved Agencies. Page 8 of 12 Page 267 of 298 Draft Board of Trustees November 8,2016 Mr. Taylor Palmer addressed the Board and explained that this is 111 lot sub- division- 110 homes and a meeting house. Subdivision was originally a PUD and that is why this was not done during the site plan review. This is a requirement in order to be able to sell the individual lots. Mayor Rosenberg wanted to strongly relay to Mr.Null that he needs to have the walking trail ready to go when he comes before this Board. CARRIED. Moved by Jeffrey Rednick,seconded by David Heiser For Against Susan Epstein x Jason Klein x David Heiser(Seconded By) x Jeffrey Rednick(Moved By) x Paul Rosenberg x 5 0 C) Considering a donation to the Rye Brook Fire Department of a set of pet oxygen masks. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING ACCEPTING A DONATION TO THE RYE BROOK FIRE DEPARMENT OF A SET OF PET OXYGEN MASKS. WHEREAS, the Canine Company of 493 Danbury Road, Wilton Connecticut, has offered to donate a set of pet oxygen masks to the Village of Rye Brook for use by the Rye Brook Fire Department as well as a limited amount of"Pets Inside"stickers for interested residents; and WHEREAS, the Village of Rye Brook is pleased to accept this donation as an additional life-saving tool for first responders to assist the pets in Rye Brook;and WHEREAS, the Canine Company has stated that this donation has an estimated value of$90.00. Page 9 of 12 Page 268 of 298 Draft Board of Trustees November 8,2016 NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook Village Board hereby accepts the donation of a set of pet oxygen masks for use by the Rye Brook Fire Department, and that this set of pet oxygen masks has a stated value of$90.00 On a motion made by Trustee Epstein and seconded by Trustee Klein,the resolution was approved and Mr. Bradbury called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES CARRIED. d) Scheduling a Village Board Work Session for December 13,2016 at 6:30 PM and moving the start of the regular meeting to 8:00 PM;and cancelling the December 27,2016 Village Board meeting. Mr. Bradbury read the resolution: RESOLUTION SCHEDULING A VILLAGE BOARD WORK SESSION FOR DECEMBER 13,2016 AT 6:30PM AND MOVING THE START OF THE REGULAR MEETING TO 8:OOPM; AND CANCELING THE VILLAGE BOARD MEETING FOR DECEMBER 27,2016. NOW THEREFORE BE IT RESOLVED,that the Village of Rye Brook Board of Trustees approves the scheduling of a Village Board Work Session for December 13,2016 at 6:30PM and moving the start of the regular meeting to 8:OOPM;and be it FURTHER RESOLVED,that the Village Board meeting to be held on December 27,2016 is canceled due to holiday scheduling. Page 10 of 12 Page 269 of 298 Draft Board of Trustees November 8,2016 On a motion made by Trustee Epstein and seconded by Trustee Heiser,the resolution was approved and Mr. Bradbury called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES CARRIED. C) Considering the approval of the minutes from the meetings held on September 27,2016,October 13,2016,October 18,2016,and October 25,2016. Adjourned to December 13th meeting. CARRIED. 7 ADMINISTRATOR'S REPORT: Mr. Bradbury gave an update on the street lights advising that 160 have been installed to date. The leaf program is going strong The Village offices will be closed on Friday,November 11th in observance of Veterans Day CO2 detectors will be available for residents to pick up at the Fire Department 7 days a week. Finally,Mr. Bradbury advised that all Village meetings are now on I-Compass 8 OLD BUSINESS: 9 NEW BUSINESS: 10 DISCUSSION ITEM: 11 UNFINISHED BUSINESS 12 ADJOURNMENT Page 11 of 12 Page 270 of 298 Draft Board of Trustees November 8,2016 ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETING Page 12 of 12 Page 271 of 298 Draft MINUTES Board of Trustees Meeting � �L�-� Village Hall,938 King Street Tuesday,October 25,2016 BOARD PRESENT: Trustee Susan R. Epstein Trustee David M.Heiser Trustee Jason A.Klein Trustee Jeffery B. Rednick Mayor Paul S. Rosenberg BOARD ABSENT: STAFF PRESENT: Christopher J.Bradbury,Village Administrator Greg Austin,Police Chief Edward Beane,Esq.,Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert,Public Access Coordinator Shari Melillo,Meeting Secretary 1 7:00 P.M.-EXECUTIVE SESSION: a) Teamsters Negotiations 2 7:30 P.M.-REGULAR MEETING: 3 PLEDGE OF ALLEGIANCE: 4 REPORT/PRESENTATIONS: a) Review of impact of Hawthorne Ave striping and speed humps. Chief Austin addressed the Board and stated that last year residents of Hawthorne Avenue came to the Village concerned about the speed on their street. The Village conducted a traffic study and radar testing and submitted their findings to the Traffic Commission. The Traffic Commission requested the Village Board commission someone to do a study.TRC was hired they gave their results and made recommendations for traffic calming measures that included speed humps and striping.The speed humps were installed 6 months Page 1 of 9 Page 272 of 298 Draft Board of Trustees October 25,2016 ago on a temporary basis along with white striping on the sides of the road and a yellow stripe down the middle of the road. Since than-not one ticket has been issued on that street and traffic has diminished. Trustee Epstein asked if the humps or the lines were the reason for the slow down.Chief Austin believes the lines stopped cars from crossing the center of the roadway.A driver is more cautious about crossing over a yellow line. Mr. Bradbury added that the idea of putting the white shoulder lines in was to push the cars away from the curb line and more toward the center. The purpose of the yellow line is to show there is two way traffic so it serves a purpose. Mayor Rosenberg asked for comments from the public: Gail Fe- 9 Hawthorne-just moved in recently and was not aware of the speeding problems. She did some research and believes the real issue is that perhaps the 30mph speed limit is not appropriate on a residential road. She thinks the speed limit should be lowered. She also does not like the look of what has been installed-the yellow lines are doing more than the humps. She believes the street has been changed from beautiful to more like a thoroughfare and has reduced the value of their home. She asked the Board to move the speed bumps closer to North Ridge Street and urged them to consider the home values in making their decision. Mr. Bradbury responded that the Village can't lower speed limits below 30 mph in non-school zones as it is New York State policy. John Antonecci—believes two speed bumps are not enough because after the cars get over the hump they take off.He believes there should be 3 and that will slow people down even more.He also believes the yellow line will hurt home values for the people who want to resell their homes. Mr. Bradbury explained that traffic study did give two options-one was for two speed humps and one was for three.As for the permanent humps— residents asked if the signs will stay or if it will be written on the road to which he responded that signage would be required. Page 2 of 9 Page 273 of 298 Draft Board of Trustees October 25,2016 Beth of 42 Hawthorne would like the Villager to keep the speed bumps and remove lines in the street.Might be interesting to measure the traffic speeds after bumps removed to see if people are now trained to go slower.Might not be a need to put them back in. Joe Mancuso 50 Hawthorne-43 year resident-agrees with the speed bumps- it is really really a good thing-you can do 20mph without a problem and firetrucks don't use it anymore -it is much quieter-the yellow lines are kind of ugly-does not mind the white lines at all. Mayor Rosenberg advised that the time has come to remove the speed humps for the winter. The Board is not going to act on this tonight but he feels the consensus is the humps are definitely doing what they were intended to do and he would be in favor of installing them permanently. 5 PUBLIC HEARINGS: 6 RESOLUTIONS: a) Considering declaring municipal vehicles and equipment as surplus for sale. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING DECLARING MUNICIPAL EQUIPMENT AND VEHICLES AS SURPLUS FOR SALE WHEREAS, the Village of Rye Brook has equipment and vehicles that are no longer of functional value or use to the Village and may have resale value. NOW THEREFORE BE IT RESOLVED,that the equipment listed below is declared surplus to be sold to the highest qualified bidder through an approved bidding process with Municibid and where a classified advertisement will also be published in the official paper of the Village: • One(1)2002 Chevy Blazer • One(1)2001 Chevy Blazer • One(1)Muller Cement Mixer • One(1)2004 Ford F550 • One(1)2002 Ford F550 Page 3 of 9 Page 274 of 298 Draft Board of Trustees October 25,2016 • One(1)2010 Ford Crown Vic Police Car • One(1)2006 Crown Vic Police Car • One(1)2003 Ford Crown Vic Unmarked Police Car • One(1)John Deer F935 Ride-on Mower • One(1)Ransomes 48"Mower • One(1)John Deere F935 Mower • One(1)Ransomes 36"Mower • One(1)MPH Speed Trailer • One(1)Snowbear Utility Trailer • One(1)Champion Air Compressor • One(1)Clark Forklift • One(1)Toro 5000 Sand Pro • Two(2)Homelite Classic 200 Chainsaws • Two(2)Homelite Super XL Automatic Chainsaws • One(1)Homelite Super XL 925 Chainsaws • One(1)Little Wonder Electric Hedge Trimmer • One(1)Echo PB Suitcase Blower • One(1)Tanaka Pro Force TBL46 Backpack Blower • One(1)Echo PB 751H Backpack Blower • One(1)Echo PB 755H Backpack Blower • One(1)Echo PB 46HT Backpack Blower • Two(2)Yazoo Master S24 Mowers • One(1)Homelite 140 GPM Pump • One(1)Homelite 16 Pump • Two(2)Billy Goat Walk-Behind Blowers • One(1)Echo Weed Wacker • One(1)RedMax Weed Wacker • One(1)Power Pruner Pole Saw • One(1)KC Heavy Duty Power Pump Airless Paint Striper • One(1)Landa PHWS3-110210 Hot Pressure Washer AND BE IT FURTHER RESOLVED, that if no bids are received for a particular item, that the items may be disposed of through appropriate means; and BE IT FURTHER RESOLVED, that the Mayor and Village Administrator are hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. CARRIED. Page 4 of 9 Page 275 of 298 Draft Board of Trustees October 25,2016 For Against Susan Epstein(Moved By) x David Heiser(Seconded By) x Jason Klein x Jeffrey Rednick x Paul Rosenberg x 5 0 b) Considering authorizing the use of Village Streets for the Tamarack Tower Foundation Thanksgiving Day Turkey Trot. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING AUTHORIZING THE USE OF VILLAGE STREETS FOR THE TAMARACK TOWER FOUNDATION THANKSGIVING DAY TURKEY TROT WHEREAS,the Tamarack Tower Foundation requests permission to hold its annual Thanksgiving Day Turkey Trot on Thursday,November 24, 2016 from 9:30 AM to 10:30 AM. NOW THEREFORE BE IT RESOLVED,that the Village of Rye Brook Board of Trustees hereby authorizes the use of Village streets on November 24,2016 from 9:30 AM to 10:30 AM along the route described in the letter dated October 7,2016 from Rosemarie Barone,Event Chairperson; and be it FURTHER RESOLVED,that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. Mayor Rosenberg advised that this is a yearly event. CARRIED. For Against Susan Epstein(Moved By) x David Heiser x Jason Klein(Seconded By) x Jeffrey Rednick x Paul Rosenberg x 5 0 Page 5 of 9 Page 276 of 298 Draft Board of Trustees October 25,2016 c) Considering non-union compensation for the 2016-17 fiscal year. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING COMPENSATION FOR NON-UNION PERSONNEL FOR THE 2016-2017 YEAR FISCAL YEAR NOW THEREFORE BE IT RESOLVED,that the following compensation be provided to non-union personnel effective June 1,2016: Title Annual Salary Asst. Building Inspector $ 95,010 Bookkeeper $ 64,808 Building Inspector $ 118,399 Caretaker $ 42,856 Communications Services Coordinator $ 87,928 Coordinator- Senior Services/Deputy Clerk $ 84,395 Deputy Treasurer $ 103,797 Intermediate Acct. Clerk(Treasury) $ 51,300 Office Assistant(AJP) $ 49,491 Office Assistant(Automated Systems)(Police) $ 54,245 Office Assistant(Bldg) $ 44,935 Police Chief $ 159,724 Police Lieutenant $ 135,054 Recreation Leader $ 56,606 Secretary to Administrator $ 69,066 Senior Office Asst. (Recreation) $ 54,707 Sr. Office Asst.(Office Mngr.) $ 56,578 Supt. of Parks&Recreation $ 101,283 Supt. of Public Works/Engineering $ 112,860 Treasurer $ 120,208 Village Administrator/Clerk $ 197,744 AND BE IT FURTHER RESOLVED, that the Secretary to the Administrator shall receive an annual stipend of$3,400 per year to attend the meetings of the Village Board and Planning Board and prepare minutes for these meetings. Page 6 of 9 Page 277 of 298 Draft Board of Trustees October 25,2016 Mayor Rosenberg admitted this was happening a little later than normal but he wanted to take the opportunity to thank the non-union personnel who do an absolutely phenomenal job for the residents. Trustee Heiser also thanked all the Village employees for the job that they do. Trustee Klein believes the employees are what makes this Village what it is. CARRIED. For Against Susan Epstein(Moved By) x David Heiser x Jason Klein(Seconded By) x Jeffrey Rednick x Paul Rosenberg x 5 0 e) Considering the appointment of a Senior Recreation Leader. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING THE APPOINTMENT OF A SENIOR RECREATION LEADER NOW THEREFORE, BE IT RESOLVED, that Janice Kunicki of 99 Birch Street, Port Chester,New York 10573 is hereby appointed to the position of Senior Recreation Leader with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York;and be it FURTHER RESOLVED,that the annual salary is$58,606 with an effective start date of October 26,2016. Mayor Rosenberg stated that Janice has been with the Village over 15 years and that this is incredibly deserved and he is thrilled she is moving up on the civil service ladder. CARRIED. Page 7 of 9 Page 278 of 298 Draft Board of Trustees October 25,2016 For Against Susan Epstein x David Heiser x Jason Klein(Seconded By) x Jeffrey Rednick(Moved By) x Paul Rosenberg x 5 0 g) Considering the approval of the minutes from the meetings held on September 27,2016,October 13,2016 and October 18,2016. Adjourned CARRIED. 7 ADMINISTRATOR'S REPORT: Howl-O-Ween in the Park was postpone from last week because of the weather but will be held this coming Saturday at Pine Ridge Park. This is the second time we are holding this event with Shari Melillo taking the lead on this with the Humane Society. It is a fun event and he hopes everyone comes out and enjoys it. Drainage is now in place on Anderson Hill Road and pointed out that the Highway Department did a great job. This was complicated for many reasons but they worked with Greenwich and now the system is in place and working well. Leaves are falling-trucks are collecting. Information about leaf collection is on the website and updated daily. Street light project—installing will be starting this Thursday and will also be updated on the website. Lastly the Village wanted to recognize Chief Austin as he is being honored by the Chamber of Commerce this Friday night at their annual dinner dance. Congratulation to him—well deserved! 8 OLD BUSINESS: 9 NEW BUSINESS: 10 DISCUSSION ITEM: Page 8 of 9 Page 279 of 298 Draft Board of Trustees October 25,2016 11 UNFINISHED BUSINESS 12 ADJOURNMENT As there is no further business,the Mayor called for a motion to adjourn to executive session to discuss Teamsters issues. On a motion made by Trustee Epstein and seconded by Trustee Heiser,the meeting was adjourned at 8:20 by unanimous voice vote. ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Page 9 of 9 Page 280 of 298 Draft MINUTES Board of Trustees Meeting � �L�-� Village Hall,938 King Street Tuesday,December 13,2016 ~f. BOARD PRESENT: Trustee Susan R. Epstein Trustee David M.Heiser Trustee Jason A.Klein Trustee Jeffery B. Rednick Mayor Paul S. Rosenberg BOARD ABSENT: STAFF PRESENT: Christopher J.Bradbury,Village Administrator Greg Austin,Police Chief Edward Beane,Esq.,Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert,Public Access Coordinator Shari Melillo,Meeting Secretary 1 8:00 P.M.-REGULAR MEETING: 2 PLEDGE OF ALLEGIANCE: 3 AFFORDABLE HOUSING PUBLIC HEARING: Continued Public hearing to consider a site plan,rezoning and site plan(Lot 1)for a development at 259 North Ridge Street. a) Public hearing to consider a site plan,rezoning and site plan(Lot 1)for a development at 259 North Ridge Street. Mayor Rosenberg stated that no vote would be taken tonight on this application. The Board is still gathering information,the consultants are still in attendance and there many questions to be asked and answered before a vote can be taken. At the end of this evening we will adjourn and we will continue taking feedback and will not make a decision until we have all our questions answered. Page 1 of 14 Page 281 of 298 Draft Board of Trustees December 13,2016 Mayor Rosenberg addressed the applicant stating that he hopes they have heard what took place here tonight. There has been back and forth between the applicant and the Village Staff and Consultants but unfortunately we are still lacking many items that have previously been requested.We find it frustrating when we don't get the information we need to make a decision. Mayor Rosenberg advised the applicant that this Board will not set another Public Hearing until we receive all the information requested and in the proper format. Mr.Nueringer responded to the Mayor's remarks by stating that a rather large amount of information has been submitted to the Village.Mayor Rosenberg responded that receiving information the day before or the day of a meeting does not leave any time for the Consultants or staff to review it before the meeting. Mr.Nueringer gave a brief overview showing some renderings of the proposed development and how it will look.He spoke of the affordable housing ordinance and how the process has gone to date stating for the record that it has been an open-transparent and fair process. They have taken the law on affordable housing-read it and have acted on it.We are trying over many months to develop one of the properties that the Village has identified as a site for development.He spoke of the guidelines for the fair and affordable housing law pointing out that it calls for a streamlined process and flexible land use regulations.He brought up the point that multi-family dwellings are not only allowed but recommended-it is envisioned in the body of the law.He believes everything they have done so far is in strict conformity with this law. Public Comment: Robert Godioso,an Attorney representing 19 residents in proximity of the development.He was heartened with the work session. He spoke about SEQRA and the Scenic Roads Overlay District and that this Board will need to send this application to the Zoning Board unless they plan on issuing waivers for the needed set back requirements. Mr. Godioso stated that anything can be engineered-but at what cost-your task under zoning is health safety and welfare. This project does not meet the underlying zoning requirements.He believes the visual rendering is disingenuous.He spoke of the waivers under the zoning code and what criteria are required.He would also like the applicant to supply materials to his office as well to which Mayor Rosenberg responded that he should speak with the applicant about that. Mr. Godioso also requested that any meetings with the applicant and the Village Board or Consultants that he be advised of and allowed to sit in on to which Mayor Rosenberg responded that they would not Page 2 of 14 Page 282 of 298 Draft Board of Trustees December 13,2016 accommodate that request. .Mr. Godioso would like his objection to that noted on the record.He believes the Village Board should adjourn this application indefinitely and it should go back to the Planning Board for further review. There are a lot of alternatives to look at and he believes it would be more streamlined if this is done at the Planning Board level. Mr. Beane,Village Attorney,requested that in the future—any correspondence regarding this application be sent to him as the Village Attorney.He has received nothing from Mr.Godioso up to this point. Mr. Steven Eiffler submitted a new petition against this application for the record. Bart Warde a clergy leader representing 40 organizations across Westchester County. They have a strong interest in fair and affordable housing and he is here to speak on that.We have towns that have none or very little affordable housing in their villages. Rye Brook is a wealthy town-there are many people living in substandard housing because there is so little affordable housing. There are many places that could do more to be helpful. There is another side to this-people in the town are making it worse because the young adults are leaving-they are going to urban areas where they can find affordable housing.....sometimes you can't afford to live in the town where you work. It is a very difficult situation-people need help and need a safe affordable place to live. Lena Accurso of 52 Rockridge Drive believes this land on Ridge Street has not been occupied for a very good reason and in her opinion-to stick people who need affordable housing in that location is a rotten miserable thing to do. She resents Rye Brook being characterized as being snobs and bigots because people think we don't want affordable housing here. She has been in a flood zone since they bought their home and according to historic records-nothing was to be built past Bobby lane-but friends in high places helped the developer get it done-please don't let history repeat itself. She can't see how any car could make a left turn out of this place -it is like dead man's curve -there is a school up the street and this development creates a very dangerous situation. She quoted the 4th amendment of the constitution and asked the Board to protect their rights. Choose another site -this is not the right one. Brad Schwartz-represents some of the residents on Eagles Bluff and commended this Board and the Planning Board because it is very rare that you have a work session such as we had tonight.We are pleased by the nature of the work session-fewer units-garages-spread the units throughout the entire site -reuse the exiting home—all good suggestions.His one request is somehow to communicate back to the applicant to sharpen his pencil and take another look. Page 3 of 14 Page 283 of 298 Draft Board of Trustees December 13,2016 The affordable housing discussion paper also identified several disadvantages with this site.With respect to the stream lined application that the applicant spoke of—it's not a free pass-there must be SEQRA review. Mr. Grippo—thanked the people that put this assembly together-he spoke of many subjects in the Village because he grew up here.He spoke as an engineer -he spoke of the drainage pipes and catch basins in the Village.He wants the town to respect open space for wildlife.He finished by saying if for whatever reason this project gets built-there needs to be retention walls installed in case there is an earthquake-the site stays stable. Ms.Mandel-3 Eagles Bluff-She is opposed to this project-she believes it directly affects the immediate surrounding residents especially financially- people will have to install drainage to mitigate the water.Mayor Rosenberg explained that any type of mitigation would have to be performed by the applicant on their property. She is concerned for her neighbors-believes it will lead to nothing but problems.As for affordable housing-we are doing what we can as a small village -there are a lot of other towns and villages that need to step up as well. Steve Grossman-he resents that people from outside come in here and say we are all white and rich.He is not a man of means—he has a son with a disability which requires a lot.We are a diverse community-Rye Brook is not a totally white and rich community that doesn't want affordable housing.We are off the county lawsuit list and wanted to go on record saying that we are not opposed to affordable housing. Sabrina of 14 Eagles Bluff advised the Board that she started the petition on Thursday and received over 100 signatures almost immediately.People could not understand why the Village would consider putting something in such a dangerous area-people are concerned. She is glad the Village is keeping an open mind.For the record-she brought up the study done for the traffic. She believes the study was done while the schools were on vacation and because of that-does not believe it was an accurate study. There will be a short break in the 259 North Ridge Street Discussion so that County Legislator David Gelfarb could address the audience regarding the Westchester County Airport. David Gelfarb came in tonight wanted to discuss the Airport-there is a lot of controversy lately and he recently sent out a very lengthy Airport update.He spoke of the privatization of the airport explaining it is very complicated and has many parts to it.He went over some of the highlights of the proposed lease and then he spoke of some of the things we would have to give up.However Page 4 of 14 Page 284 of 298 Draft Board of Trustees December 13,2016 because there was no competitive bidding the proposed Oak Tree deal has died and now it will most like go thru a request for proposal process. Mayor Rosenberg called for a 5 minute recess Reconvene Trustee Heiser spoke to the audience and advised them that he would like to hear from as many people as possible tonight that have something relevant to say to this application. Mr.David Mendel-this whole development and plan has a lot of financial undertones-on such a historical site-to go through all of this to build this type of development makes no sense.This location would not be able to accommodate this type of development and this Board is being asked to bypass some zoning that has been in place all this time for good reason. There are a lot of challenges and he believes there must be a reason why the village is still looking to pursue this that the public is not being made aware of.We can only imagine right now what will happen with this.He believes there is going to be a negative impact on the community in building this-he would like the Board to consider upholding the current zoning and leave this property the way it is. Juliet Sallony of 61 RockRidge Drive has seen a lot including the horrible flooding. There is a drain on her concrete porch that serves very well when it rains. There is no place for the water to drain when the street floods in heavy rains. She believes this project will increase flooding on her street....does not believe applicant cares about anything but money. Donald Cassone -258 North Ridge Street-there are a lot of ifs being put out there.He has been here his whole life and has seen many things happen over the years. This Board cannot guarantee that the people living in the Eagles Bluff area will not be flooded.He believes this project is strictly for profit. The accident reports are incorrect-people are not reporting them but they are happening. In the matter of the petitions-it was an eye opening event-met a lot of people -every house they went to people signed because no one wants this. Nancy Lumish- 11 Bobby Lane-significant water issues since Red Roof was built-what guarantees can this Board give her that it won't get worse with this project-she doesn't understand how the village if even considering this. Page 5 of 14 Page 285 of 298 Draft Board of Trustees December 13,2016 Marilyn Stelzer of Winding Wood Road is not directly affected but could not believe this was being considered for development. Mayor Rosenberg addressed the applicant.They have received a lot of good feedback here tonight. The consensus of this Board is that the structure is too big—should be more spread out and the majority of the Board wants to see garages incorporated into the plan.The applicant says it cannot be done and Mayor Rosenberg believes if that is true than it is possible we will not be able to move forward with this as it is. Motion to adjourn to a date yet to be determined. CARRIED. For Against Susan Epstein(Moved By) x David Heiser x Jason Klein(Seconded By) x Jeffrey Rednick x Paul Rosenberg x 5 0 4 RESOLUTIONS: a) Setting a public hearing for an application submitted by SC Rye Brook Partners,LLC(Sun Homes)for the subdivision of property located at 1100 King Street. Mr. Bradbury read the resolution setting the Public Hearing: RESOLUTION CONSIDERING SETTING A PUBLIC HEARING ON AN APPLICATION BY SUN HOMES FOR APPROVAL OF A PUD SUBDIVISON ON PROPERTY LOCATED AT 1100 KING STREET WHEREAS, the Board of Trustees is in receipt of an application by SC Rye Brook Partners, LLC, ("Sun Homes' as property owner, for approval of a subdivision of property located at 1100 King Street, Page 6 of 14 Page 286 of 298 Draft Board of Trustees December 13,2016 designated as Parcel ID 129.25-1-1 on the Town of Rye Tax Map and located in the PUD Zoning District;and WHEREAS, on November 8, 2016, the Board of Trustees, as the Approval Authority for this application pursuant to Village Code 5250- 7.E(4)(b)(2), referred this application to the Planning Board for a report and recommendation;and WHEREAS, pursuant to SEQRA, Notice of Intent to confirm its continuing status as Lead Agency was circulated to all Involved Agencies on December 7,2016;and WHEREAS, on December 8, 2016, the Planning Board approved a report and recommendation that the Board of Trustees approve the PUD preliminary and final subdivision application,provided that the subdivision plat is revised to remove public parking from private lots; and WHEREAS, pursuant to General Municipal Law §239-n, the application must be referred to Westchester County Department of Planning for comment no less than 30 days prior to the public hearing concerning the application. NOW,THEREFORE,BE IT RESOLVED,that the Board of Trustees hereby approves the setting of a public hearing on this application for its meeting to be held on January 10, 2017 at Rye Brook Village Hall, 938 King Street;and BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-nn and the Westchester County Administrative Code,notice of public hearing shall be sent to the Town/Village of Harrison no less than 10 days prior to the public hearing concerning the application. CARRIED. For Against Susan Epstein x David Heiser(Moved By) x Jason Klein(Seconded By) x Jeffrey Rednick x Paul Rosenberg x 5 0 Page 7 of 14 Page 287 of 298 Draft Board of Trustees December 13,2016 b) Considering a request for a license agreement to maintain a portion of an existing fence at 25 Pine Ridge Road. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING A REQUEST FOR LICENSE AGREEMENT TO MAINTAIN A PORTION OF AN EXISTING FENCE AT 25 PINE RIDGE ROAD WHEREAS, Peter Jensen, owner of 25 Pine Ridge Road, designated on the Town of Rye Tax Assessors Map as Section 135.34 Block 1 Lot 65, has requested a license from the Board of Trustees to maintain a portion of an existing chain link fence currently located along the right-of-way of Latonia Road owned by the Village of Rye Brook (`Village Property"), and to enter upon that portion of said Village property to maintain, restore and replace (in- kind)the chain link fence and for no other purpose; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA), determines the proposed action to be a Type II Action and,accordingly,no further environmental review is required. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees, upon consideration of the aforementioned request,hereby authorizes the Village to enter into a License Agreement with Peter Jensen, as annexed to this Resolution as Exhibit"A", to maintain the portion of the chain link fence currently located along the right-of-way of Latonia Road, subject to and in accordance with the terms set forth in the attached License Agreement and as may be modified by Village counsel;and BE IT FURTHER RESOLVED,that prior to entering into such agreement, the applicant must first resolve all the outstanding violations referenced in the May 14,2015 letter from the Building Inspector to Mr. Jensen;and BE IT FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to execute the License Agreement and deliver all necessary documents to accomplish its purposes. Page 8 of 14 Page 288 of 298 Draft Board of Trustees December 13,2016 CARRIED. For Against Susan Epstein x David Heiser x Jason Klein(Seconded By) x Jeffrey Rednick(Moved By) x Paul Rosenberg x 5 0 C) Referring a proposed local law to the Planning Board modifying Section 250 of the Village Code regarding sign permit applications. Mr. Bradbury read the resolution: RESOLUTION REFERRING A PROPOSED LOCAL LAW TO THE PLANNING BOARD MODIFYING SECTION 250 OF THE VILLAGE CODE REGARDING SIGN PERMIT APPLICATIONS WHEREAS, a local law has been prepared extend certain time frames for the proper review and consideration of sign permit applications. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees hereby refers the proposed local law modifying Section 250 of the Village Code regarding sign permit applications in the Village of Rye Brook to the Planning Board for a report and recommendation. CARRIED. For Against Susan Epstein x David Heiser x Jason Klein(Moved By) x Jeffrey Rednick(Seconded By) x Paul Rosenberg x 5 0 Page 9 of 14 Page 289 of 298 Draft Board of Trustees December 13,2016 d) Considering awarding the bid for surplus equipment. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING THE AWARD OF BIDS FOR SURPLUS MUNICIPAL EQUIPMENT WHEREAS, the Village of Rye Brook has solicited bids for surplus municipal equipment; and WHEREAS, a public notice was duly advertised in the official newspaper of the Village of Rye Brook on November 11, 2016 and listings were posted online through MUNICIBID with an end date of Tuesday,December 6,2016;and WHEREAS, at 12:00 p.m., Tuesday, December 6, 2016 the bid deadline was completed. NOW THEREFORE BE IT RESOLVED, the following surplus equipment is hereby awarded to the following highest bidders: EQUIPMENT BIDDER BID AMOUNT 2002 Chevrolet Blazer 4x4 Adrian Romero $1,051.99 2001 Chevrolet Blazer 4x4 Corey Saunders $975.00 2006 Crown Victoria Police Carmine Pignatora $625.00 Interceptor w/ghost lettering 2010 Crown Victoria Police Marcello Muzzatti $1,150.00 Interceptor w/lettering,lights&striping 2003 Crown Victoria Police Jeffrey Saunders $925.00 Interceptor Detective Vehicle 2004 Ford F550 Dump w/ Matthew Right $12,200.00 Western Plow&V Box Salter 4x4 2002 Ford F550 Dump w/ Bobby Gerhart $15,500.00 Western Plow and IPack 4x4 Page 10 of 14 Page 290 of 298 Draft Board of Trustees December 13,2016 Clark Forklift Pneumatic Tires A.C.Mackerley $1,750.00 John Deere Ride-on Mower Erick Castro $2,700.00 Model F935 w/attachments Toro Sand Pro Machine Matt Brandt $430.00. Speed Trailer Zachary Penick $200.00. Bobcat Ransomes Mower 36" Rory Morris $240.00. Bobcat Ransomes Mower 48" Rory Morris $200.00 Billygoat Push Leaf Blower Patrick Chiboroski $185.00 l OHP Honda Billygoat Push Leaf Blower Patrick Chiboroski $216.00 l OHP Honda Yazoo Master Mower Mower Chris Stoodley $43.00 24"Bicycle Wheel Yazoo Master Mower Mower Chris Stoodley $51.00 24"Bicycle Wheel Oil-fired Power Washer by Landa Donald Peterson $525.00 Champion 80 Gallon Vertical Air Edmundo Goris $225.00 Compressor Snowbear Utility Trailer Paul Norris $315.00 Homelite Gas Diaphragm Pump Chris Stoodley $25.00 Homelite Gas Diaphragm Pump Chris Stoodley $25.00 160 gpm Muller Gas Powered Cement Mixer Peter Devito $121.00 Lot of 6 Gas Homelite Chainsaws Ryan Van Buren $160.00 Tanaka Pro Force Backpack Blower Timothy South $27.00 Page 11 of 14 Page 291 of 298 Draft Board of Trustees December 13,2016 Echo Backpack Blower Echo PB-46HT Anthony Golia $53.00 Echo Backpack Blower Echo PB-755H Timothy South $140.00 Echo backpack blower Echo PB-751H Timothy South $140.00 Echo Suitcase Blower Echo PB-179254 John Broccoli $25.00 Kelly Creswell Airless Line Striper Chris Stoodley $27.00 w/ 11HP Honda Power Pruner Pole Saw Rory Morris $177.00 Echo Weed Wacker PAS 2400 Timothy South $52.00 Redmax Weed Wacker GZ23N Timothy South $35.00 John Deer Rider Mower Model bid rejected F935 for parts Little Wonder Hedge Trimmer 85-11732 for disposal CARRIED. For Against Susan Epstein x David Heiser x Jason Klein(Seconded By) x Jeffrey Rednick(Moved By) x Paul Rosenberg x 5 0 e) Considering a referral to the Planning Board of a proposed local law regulating the commercial storage and display of firearms,ammunition and explosives in the Village of Rye Brook. Mr. Bradbury read the resolution: Page 12 of 14 Page 292 of 298 Draft Board of Trustees December 13,2016 RESOLUTION CONSIDERING A REFERRAL TO THE PLANNING BOARD OF A PROPOSED LOCAL LAW CONCERNING COMMERCIAL STORAGE AND DISPLAY OF FIREARMS,AMMUNITION AND EXPLOSIVES IN THE VILLAGE OF RYE BROOK WHEREAS, a proposed local law has been introduced concerning commercial storage and display of firearms, ammunition and explosives in the Village of Rye Brook. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees hereby refers the proposed local law concerning commercial storage and display of firearms, ammunition and explosives in the Village of Rye Brook to the Planning Board for a report and recommendation. Mayor Rosenberg watched this happening in Harrison and was concerned it could happen here. Mr. Beane explained that what we tried to do is to make a law to regulate the areas where firearms shops could go,but not prohibit them. It is being referred to the Planning Board because there are issues with preemption-they are working with a national organization for responsible gun ownership that helps municipalities develop responsible regulations.He would ask the Planning Board to limit it to planning type issues only. Mayor Rosenberg added that by restricting the placement of these establishments to 500 feet from certain businesses or buildings such as schools, he feels that would be met with opposition by the NRA.He suggested to the Board that they consider 400 feet. Chris suggested giving the Planning Board 400-500 feet as a starting point. CARRIED. For Against Susan Epstein(Moved By) x David Heiser x Jason Klein(Seconded By) x Jeffrey Rednick x Paul Rosenberg x 4 1 Page 13 of 14 Page 293 of 298 Draft Board of Trustees December 13,2016 g) Considering approving the minutes from the meetings held on October 25, 2016,November 8,2016,and November 22,2016. CARRIED. 6 ADMINISTRATOR'S REPORT: Mr. Bradbury advises that the leaf program is pretty much complete at this point. The LED light program is moving forward and the bridge work being done on South Ridge Street at the bridge is moving along quickly and will be done my next Thursday. 7 OLD BUSINESS: 8 NEW BUSINESS: 9 DISCUSSION ITEM: 10 UNFINISHED BUSINESS 11 ADJOURNMENT ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE REGULAR TRUSTEES MEETING a) January 10,2017 and January 24,2017. Page 14 of 14 Page 294 of 298 Draft MINUTES Board of Trustees Meeting � �L�-� Village Hall,938 King Street Tuesday,December 13,2016 ~f. BOARD PRESENT: Trustee Susan R. Epstein Trustee David M.Heiser Trustee Jason A.Klein Trustee Jeffery B. Rednick Mayor Paul S. Rosenberg BOARD ABSENT: STAFF PRESENT: Christopher J.Bradbury,Village Administrator Greg Austin,Police Chief Edward Beane,Esq.,Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert,Public Access Coordinator Shari Melillo,Meeting Secretary 1 6:30PM-WORK SESSION: 259 North Ridge Street rezoning, subdivision and site plan(lot 1)application. a) Public hearing to consider a site plan,rezoning and site plan(Lot 1)for a development at 259 North Ridge Street. Mayor Rosenberg explained that this is for the staff to have an informal conversation about this application. There will be no public comment taken during the work session.Public comment will take place during the Public Hearing at Bpm. This is for the Board members to hear what the consultants and Planning Board members have to say. This is not televised but minutes will be taken. Page 1 of 4 Page 295 of 298 Draft Board of Trustees December 13,2016 Mr. Bradbury added that all documents pertaining to this application,including those received today,can be found on the Village website. Mrs. Timpone-Mohammed was the first to speak and discussed her most recent memo as well as the traffic memo dated November 3rd. Mayor Rosenberg asked about the impact on the Scenic Roads Overlay District and the fact that the development will be situated down below street level. She believes there needs to be a balance and whatever happens will impact the land but we need to reduce the impact or keep the impacts to a minimum. She believes there should be garages—especially on slopes because you don't need to excavate and you can provide a type of housing to what is similar to what people in Rye Brook expect of market rate homes. This also helps reduce the impervious surface and only visitor parking would be required. She still has some traffic concerns and concerns in regard to blasting-there may be a necessity for chipping instead of blasting so they will need more information in regard to that. Mrs. Schoen of the Planning Board agrees with Mrs. Timpone-Mohammed's comments. In addition she cannot imagine who would want to run the HOA for this development....it could be quite a challenge with snow plowing and maintenance of the property. She also does not believe cross walks are the answer for Ridge Street at all and she still needs some convincing with regard to site distance and the safety issue. Mr.Accurso also of the Planning Board agrees with Mrs. Timpone-Mohammed as well in regard to the garages.As far as making the buildings wider-they are modular units and there probably is a required limitation of size and that may impose restrictions.They could accommodate one car in the garage-possibly two in tandem.As for the bulk of the building-he believes the bulk is too big- he suggests less buildings or breaking them apart. Trustee David Heiser believes integrating the affordable housing with the market place homes makes sense to him. Breaking up the units reduces the mass as Dan Tartaglia said and keeps in flow with the surrounding neighborhood. Mr. Goodman, Chairman of the Planning Board wonders where the money is going to come from to maintain this facility.Mr. Bradbury believes that is the concern of the Housing Action Counsel on projects like this. To Mr. Goodman, the big ticket item is the maintenance of the retaining wall. If these are rental items it becomes easier because the owner takes on the expense. Page 2 of 4 Page 296 of 298 Draft Board of Trustees December 13,2016 Mrs.Marilyn Timpone-Mohammed thinks maybe doing this as a rehab in regard to the existing home instead—or reducing the number of affordable housing units would be better. It would reduce the amount of maintenance -less retaining walls-no large impervious surfaces etc. Mr.Mike Galante,Village Traffic Consultant discussed the traffic study.He explained that at the very beginning of this proposed development the site distance was way off but the applicant made modifications and has now provided the site distance required. There were significant site improvements in order to gain that required site distance. He went on to discuss the grade of the driveway which has become another item of concern. Originally,the grade going down into the site was 14.5%. The applicant listened to the concerns and raised the parking lot to reduce that grade to 10%which addressed that issue as well. Mr. Galante also brought up the suggestion of the crosswalk. Trustee Rednick and Mayor Rosenberg had suggested a blinking yellow light that would turn red when someone pushed the button to cross the street.Mr.Galante asked really if you need the crosswalk-you can't put one in front of everyone's homes up and down Ridge Street. He does not recommend a mid-block crosswalk—it's not expected by drivers and he does not believe it is needed.He recommends a sidewalk on that side of the road to where there is currently a crosswalk.A crosswalk gives a pedestrian a false sense of security....assuming that oncoming traffic will stop.He would do a sidewalk up to Meadowlark where there is crossing guard and an existing cross walk.He also brought up emergency access and where a fire truck would go when they enter the site.Mr. Bradbury added that the fire plan had been reviewed by the Emergency Task Force and the logic was the fire truck would get to the back but would have to back out. In the case of a large working fire they would attack it from staging on Ridge Street. There was a discussion about changing the structure of West Ridge Street. The suggestion was made to change the shape of the road to a T shape so you can see in all directions when you come to a stop sign at Ridge Street. Mr.Dolph Rotfeld,Village Engineering Consultant is still waiting for some information from the applicant but his one big concern is the disturbed area. The discharge pipe for the drainage system -they would like it to come further down the hill than proposed.He also questioned who will maintain the treatment systems.He thinks there should be a better design-more spread out to look like it fits in the neighborhood. There was additional discussion on mitigation of the wetland buffer areas and the storm water management.Mr. Rotfeld explained that the applicant is following the DEC standards closely— installing cultic units that will drain into the storm drain on Eagles Bluff.As far Page 3 of 4 Page 297 of 298 Draft Board of Trustees December 13,2016 as he is concerned the ultimate amount of water that hits the pipe will be the same in volume as it is now. Mayor Rosenberg thanked everyone for coming and giving their input and voicing their concerns. 2 ADJOURNMENT ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Page 4 of 4 Page 298 of 298