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HomeMy WebLinkAbout1984-11-13 - Board of Trustees Meeting Minutes 000390 MINUTES OF AGENDA MEETING AND CONTINUATION OF PUBLIC HEARING FOR RYE BROOK OFFICE PARK SITE PLAN APPROVAL., HELD NOVEMBER 13t , 1 84. - Present: Mayor Kabcenell, Trustees Meiskin, Harris, Zak, Attorney Kramer, Treasurer Cortese, Clerk Smith. Absent: Trustee Nardi PUBLIC HEARING — RYE BROOK OFFICE PARK SITE PLAN APPROVAL APPLICATION - •- Mayor Kabcenell opened the meeting by reconvening the public hearing i in connection with 200,000 s.f. of office space to be constructed on -- 30 acres on King Street and Lincoln Avenue. Most of the details were reviewed at the last meeting, and there was a question about some of them, as well as a question of language. A final draft was delivered to the Board members last Thursday, and there are a couple of changes incorporated in the final draft . of the Resolution and Declaration of Restrictions delivered tonight. Mrs. Leah Woodsmith, attorney for the Purchase Association made a statement that there had been an agreement with the Rye Town Board that no further permits would be issued for the Royal Executive Park property, until certain improvements had been made to relieve traffic congestion on the King Street/Anderson Hill corridor. She felt that a decision should not be made on the.Rye Brook Office .Park application pending review of the Royal Executive Park resolution_ which was passed by this Board on October 23rd, 1984, by neighboring communities who were not aware that a final decision on this site plan approval application was going to be made tonight. , - Mrs. Woodsmith stated that the intersection of Anderson Hill Road and King Street is in Greenwich, and that nothing could be done to change that intersection without the approval of the Town of Greenwich, and that she had spoken to them that day, and they had not agreed to any improvements. Pat Angarano, Supervisor of the Town of Harrison, asked that a letter signed jointly by himself and First Selectman Roger Pearson of the Town of Greenwich, be read into the record, as follows — November 13, 1984 Hon. Jack Kabcenell & Members of the Board of Trustees Village of Rye Brook 111 South Ridge Street Rye Brook, New York 10583 Dear Mr. Mayor and Members of the Board of Trustees: We understand meeting r 23, 4the R ye Brook Village Board ofTrusteesad pted a resolut onwhich would theeffectof permitting the construction by Royal Executive Park on its site fronting on King Street In Rye Brook of an additional 270,000 sq, ft. of commercial office construction. We also understand that the Board has before it tonight an application for zoning and site plan approval for development of 200,000 sq, ft, of commercial office space on a portion of the Highpoint Hospital property which also fronts on King Street. We invite your attention to the terms of a certain settlement agreement dated December 22, 1981 to which your predecessor In Interest, the Town of Rye, was a party, which provided, among other things that no permits or -grants of authorization to construct additional office space or facilities on the Royal Executive Park property would be granted until "the making of a finding , that additional construction on the subject property will not result in undue traffic congestion on the King Street/Anderson Hill Road traffic corridor . . .IF. Although we have not had an opportunity to fully study the resolution adopted by the Village Board of Trustees we do not understand that it includes the finding required by the settlement agreement, nor do we understand that the conditions contained in the resolution adequately address the impact of the approved construction upon said traffic corridor. �'GO02 1 Since protection of the King Street/Anderson Hill Road traffic corridor was an essential provision of the settlement agreement and since the pending proposal for development on the Highpoint Hospital site will seriously impact that traffic corridor, we strongly urge that you take no action on that application until we have been able to further study this matter. Naturally we would welcome an opportunity to meet with you and the Board at Your earliest convenience. �^ Yours very truly, _ ROGER-PErARSON Fir �etn an, own of Greenwich AT ANGARA Supervisor, To n of Harrison JOHN COLLINS CONSULTING TRAFFIC • TRANBPCgTAT1CN [NGIN6CR■ 160 MANVILLE ROAD . PLEASANTVILLE N.Y. 10570 . [914] 769-9020 - November 8, 1984 _I Mr. Pat V. Angarano _ Town Supervisor/Village Mayor Municipal Building Harrison, New York 10528 RE: FEIS Rye Brook office Park FEIS Royal Executive Park ' i Dear Mr. Angarano, We have completed our review of the FEIS for the above Office parks. While these FEIS respond to specificI questions/concerns arising from the review of the DEIS, they do not, in many instances,adequately answer or address the legitimate questions/concerns of the various authors or the Town/Village of Harrison. With respect to specifics of that review, we note the following: i 1. Rye Brook office Park consists of 200,000 square feet of office space with Royal Executive Park ( Phase 1B) comprising some 270,000 square feet. Together these represent a total of 470,000 square feet of new development in the King Street corridor. T00302 2. The developer has agreed to signalize the intersection of Anderson Hill Road/King Street. Although this improvement has been indicated for several years, a signal has not yet been installed. Since this intersection is not in the Village of Rye Brook the developer should obtain from Greenwich a letter indicating their willingness to support the improvements along _ " - with an anticipated timetable for installation of the signal. 3. The north/south road as proposed is separate from the proposed improvements at the Merritt Parkway/ King Street. The implementation of one does not eliminate the need for the other. 4. Although discussions have begun on the "north/south roadway", no firm location or _ timetable has been established. In addition, it is essential that this roadway be constructed south of Anderson Hill Road ( to the Parkway) to insure the indicated releif of King Street. - Since this is an important consideration,. a detailed analysis of the benefits associated with these improvements should be included in the FEIS. 5. The FEIS should indicate who will implement - and fund the improvements recommended at the Merritt Parkway/King Street. In addition, a , letter from the state should be obtained indicating the feasibility of the recommended improvements. If no improvements are made at this location and the proposed development is permitted to proceed a significant diversion of traffic to Anderson Hill Road can be anticipated. If the above improvements are not a condition for a certificate of occupancy, a detailed anlaysis should be included which - - evaluates the impact on the adjoining roadways without the recommended improvements at Merritt '. Parkway/Ring Street. 6. Without development along Ring Street, the intersection of Anderson Hill Road/Purchase Street is operating at or near .capacity. This is based on recent studies and is in contradicition to the statement in the FEIS that adequate capacity exists at this location. The consultant for the developers should include an analysis of this intersecton to support their contention that the intersection is capable of handling 308 of the office generated traffic. 7. A list of other developments considered in . the growth of the base traffic volumes. should be included in the FEIS. 8. The. FEIS indicates that some traffic will use Lincoln Avenue to reach the Parkway. What are the anticipated traffic volumes and operating conditions at critical locations along this roadway with and without the recommended Merritt Parkway)Ring Street improvements? The above should be addressed in detail in the FEIS. If you have any questions or require additional information Please do not hesitate to contact me. Very truly yours, JOHN COLLINS ( -C�ONNSSULTING - Jo n T. Collins, Ph.D.,P.H. .00034 William Cuddy - Attorney for Rye Brook Office Park - I am astounded that Supervisor Angarano can come here at the last moment, to ask that a decision be deferred as if they were not aware of the fact that this application was under consideration, as it has been for a year and a half. Documents have been circulated to surrounding communities, as required by law, which included Harrison and Greenwich, amongst which were Draft Environmental Impact Statements and Final EIS's, and there are had been responses, to which answers were provided. - Resident Ken Heller - Harrison has permitted construction on three new office buildings on the Rye Brook border, but has not followed up to make sure that conditions imposedon the developer have been fulfilled. Trustee Meiskin - Harrison had been notified early on about these projects and proposals, they even had a representative at one of our EIS meetings, and I am surprised and upset that at this late date and time, they come here asking us to delay making a decision. Mayor Kabcenell - I am shocked that Harrison and Greenwich are making a request for a delayed decision at this time, as if they had been completely unaware of what was under consideration for development on King Street. There have been many Public Meetings and distribution of environmental impact statements, as required by law, and we have had meetings with Supervisor Angarano, First Selectman Pearson and Mrs. Wood-Smith, to discuss thevprppoeed road to connect with I-684. The east-west road which was proposed to go through Purchase, which would probably be the shortest access, and the residents of Purchase don't want it. We have,discussed a north-south road, which would run parallel to King Street, through the Royal Executive Park and High Point(Rye Brook Office Park) perhaps dead-ending at Citicorp, or possibly going into the Hutchinson River Parkway, and we have discussed improvements at the King Street/Anderson Hill intersection, with the developers making substantial contributions to these improvements, as well as dedicating the land required for the north-south road which runs through their properties. We have insisted that these improvements be a condition of site plan approval, all of which will also benefit - the commercial developments in Harrison - Pepsico will reap some of the benefits without contributing. American Can has an application pending in Greenwich toconvertfrom single-tenant use to multi-tenant use, which if approved, will impact the King Street corridor. Consultants and engineers involved in studies required by these developments in Rye Brook, have had extensive discussions with Greenwich, and it-was my understanding that Greenwich had committed money in their budget towards the improvements at King . Street and Anderson Hill Road. - We have made it a condition that any developer must make substantial contributions to relieve potential traffic congestion, which is something that none of the other communities have done. I am at a loss to understand what seems to be a complete turnabout ' in position for Greenwich at this point, perhaps we can shed some light on this matter at a meeting with Greenwich which we have scheduled for Friday. Trustee Harris - I am also surprised that there should be such a last minute objection from Harrison and Greenwich, in view of the length of time that these matters have been before the Board. Mayor Kabcenell - in connection with the strong conditions which we have imposed on our developers, I would like to include in the records, a series of letters from London & Leeds Corporation, the developers of Royal Executive Park, and their feeling that that Royal Executive Park was unfairly treated in the requirements we asked of them, and the,requirements we are asking of Rye Brook Office Park. - developers. .,L London & Leeds Corporation 499 Park Avenue New York,NY 10022 Telephone:(212)308.1088 Telex:661995 November 6, 1984 The Honorable Jack Kabcenell and Members of Board of Trustees Village of Rye Brook 111 South Ridge Street Rye Brook New York 10573 Dear Mayor Kabcenell and Members of the Board of Trustees: I re: Royal Executive Park - Phase IB On behalf of Royal Executive Park we would once again like to thank you for the site plan approval of Phase 18 of the Royal Executive Park complex, by the Board of Trustees on October 23, 1984. We pledge to con- tinue to work with the Village of Rye Brook to insure the continuation of the highest quality development on our site and one which the Village and Its residents will be proud of. The Board will recall that at the October 9, 1984, meeting, I indicated that Royal Executive Park would comply with any fair and equit- able conditions of the site plan approval and that is still our commitment. However, we understand that there is now a proposal before the Trustees which would significantly cut back on the nature of the commitment of the Hines/Gralnick joint venture to participate in traffic improvements on the King Street corridor to the same extent as Royal Executive Park has j committed itself. The Board is no doubt aware that from the outset of the consideration of both the Royal Executive Park Phase 1B proposal and the Hines/Gralnick proposal, traffic improvements on the King Street corridor have been the prime environmental and-planning issue. As such, it was made clear to both developers from the outset that they would be required to financially con- tribute to the improvement of the intersections at King Street and Anderson Hill Road, as well as King Street and the Merritt Parkway. Even more importantly, it was made clear to both developers that they would be required to dedicate the right of way for a north-south roadon their respective properties, to construct such road at their expense and also to contribute a dollar amount for off site road improvements. As this Board is aware, those commitments are in fact embodied in the October 23, 1984, Royal Executive Park Site Plan approval resolution. However, it is our understanding that the proposed commitment by the Hines/Gralnick interests constitutes a significantly watered down commit ment to traffic improvements in the King Street corridor. I have asked our legal counsel, Joel Sachs, to set out in some greater detail the differences between what we have agreed and what Rye Brook Office Park are proposing to commit to. I would merely like to state, for the record, that in my view it would be inequitable if Hines/Gralnick were to be treated more favorably than we, particularly as we commenced our commitment and expenditure in 1979. Any contention of unfairness by the Hines/Gralnick group seems to disregard the difference between 1979 dollars and 1985 dollars and, also, does not seem to give us any credit for pioneering the development of the King Street corridor. I would consider it very unfair to us if Rye Brook Office Park were to be in a position of priority for additional development rights if the proposed road improvements are implemented, as this would effectively mean that we were paying our share of the cost of the road improvements and they would reap a priority benefit. Our contention is that any development rights should be equitably shared out in terms of total land availability without taking into account historical developments prior to these road improvements. Consequently, if the Nines/Gralnick partner- ship's contribution were to be tied to guaranteed development rights, we would be entitled to ask for similar treatment. In er ing the BoardoofiTrusteesnwilltactriniawfairthe andabov , we equitablewould mannerrust that and impose the same type Of financial commitments upon the Hines/Gralnick interests as have been imposed upon ROyal Executive Park. Otherwise, Royal should have the nature of its commitments reduced to a level commensurate with those proposed for Rye Brook Office Park. If youhave any further questions on this matter, please do not hesitate to contact me personally. Your interest is deeply appreciated. Yours �incer/gJl y,{_� Kurt K. Kit<s/tom/ck President WILLIAM F,pLUNKETT,JR. PLUNKETT & JAFFE, P.C.• pHYLL155.JAFFE ATTORNEYS AT LAW _ NEW YORK OFFICE: JOHN M.DONOGHUE - SOO FIFTH AVENUE GEORGE E.pATA KI �— NEW YORK.NEW YORK 10110 KEVIN J.PLUNKETT" 1 NORTH BROADWAY 11121099..595 JOEL H, Hs A. THOMAS A. WHITE PLAINS,NEW YORK 10501 RONALD HICKEY JEFFREY (9141945. ROC HELLa J.J,AUSLUSLAN OEq 7129 JOHN F.OUR KHARDT PHILIP J,WISSEL••• EdwuO I.E9m MARIAN S.HENRY OFC...NI •AI,O AdmRUd In Ogbld el C.R.M. November 7, 1984 DAIN, mcmuminl, '•AI,O Admlll<O 1.RIaH d, AOO Adm11Rd 1n Wu<VIHRR / The Honorable Jack Kabcenell and Members of Board of Trustees Village of Rye Brook 111 South Ridge Street Rye Brook, New York10573 Re: Ramal Executive Park - Phase 1B Dear Mayor Kabcenell and Members of The Board of Trustees: We have been requested by our client, Royal Executive Park, to bring to your attention the difference in the level of commitments agreed to by Royal as embodied in the October 23, 1984 site plan resolution and those proposed by the Hines/Gralnick interests for Rye Brook Office Park. As is shown by the chart below, it appears that the Hines/Gralnick interests are not willing to fund any north-south road on their property unless further approvals beyond the presently proposed 200,000 square feet of, development are received from the Village. Further, it appears that the Hines/Gralnick interests are not willing to pay $200,000.for offsite road improvements unless further approvals beyond the presently proposed 200,000 square feet of development are obtained from the Village. tJEIowu The proposed commitments of Rye Brook Office Park aside from being unfair and inequitable insofar as Royal Executive Park's commitments are concerned would be extremely detrimental to the interests of the Village in achieving a. permanent solution to the traffic problems on the King Street corridor. A comparison of the agreed to commitments of Royal Executive Park and proposed commitments of Rye Brook Office Park as we understand them is included herein: Commitments by Royal Executive Proposed Commitments by Rye Park Embodied in October 23, 1984 Brook Office Park Site Plan Approval Resolution 1. Agree to fund 57% of the costs 1. Agree to fund 43% of these of improving the intersections at costs, but with a dollar. cap King Street and Anderson Hill Road based upon 125% of projected and King Street and Merritt Parkway. costs. 2. Dedicate right of way for future 2. Same. north south road. 3. Agree to build at Royal's sole 3. No commitment to build any expense a north south roadway on its any north south road on property property. (cost in excess of unless additional approvals $1,000,000). beyond initial 200,000 square feet are obtained from Village. ' 4. Agree to pay $270,000 for road 4. Agree to pay $200,000 improvements off site. for road improvements off site only, if additional approvals beyond initial 200,000 square feet are obtained from Village. It should be recalled that both in the Draft Environmental Impact Statement and Final Environmental Impact Statement for the Rye Brook Office Park development, the commitment was made to construct, at the developer's expense, the north south road on the developer's property as well as pay its fair share of off-site traffic improvements. Such commitments are set forth in the Rye Brook Office Park.Final Environmental Impact Statement, dated July 10, 1984, as follows: "Both developers have indicated that they are willing to contribute finanicially towards development of such roads".. "Both developers -have also indicated a willingness to make financial contributions toward development of new I-684 access." (pages 24, 25) "Both the Rye Brook and Royal developments have reserved right of way to be dedicated for the new north south road. Both have indicated a willing ness to participate financially in such a road (pages 36, 37). "In any event, the deyelopers both have indicated a willingness to help- pay for a new road which would permit the-completion of their projects." (Page 42). "Each developer has set aside part of his site to provide for the right of way for a new road to connect with I-684 and has offered to pay their proportionate share of such a road". (page 55). Further, it should be noted that the Rye Brook Planning Board on September 6, 1984, after reviewing the Final Environmental Impact Statements for the Rye Brook Office Park and having received the recommendations and report of the Village's planning consultant, Frederick P. Clarke Associates, recommended insofar as Rye Brook Office Park that: "The applicant should reserve a 100 foot right of way for a boulevard type road on its property and should construct said road at its expense for use of the public and offer said road and right of way for use as part of any future inter-community collect or a road as may be approved by .the Village of Rye Brook." (Excerpts from minutes of Planning Board meeting, September 6, 1984, Page 5). Further, the 'same Planning Board recommendation indicated that since a significant portion of land on the High Point hospital property immediately to the south of the Rye Brook office park property "would contain a segment of the boulevard type road... some arrangement with High Point would have to be made to obtain this land. The Board recommends that High Point, as a coventurer should cede without further compensation this land as a condition of approval of the site plan." - 000398 It should enoted w Park development wasapprovdin n1980,the iRoyal� phase xpense,al %endiin spite of. litigation against the Town of Rye and Royal Executive Park by Greenwich and Harrison, did immediately proceed to undertake all necesary site work in preparation for an eventual north south road. Moreover, as far back as 1980, before we even applied for the Phase 1B, we had agreed to dedicate the right of way and build a north-south road on our site at our expense. Unlike the Hines/Gralnick proposal, we did not indicate to the Town of Rye that we would only commit ourselves to build such road if approvals were granted beyond the initial 270,000 square feet. The fact that our site is now cleared, that utilities, easements and parking areas are now in place so as to r make construction of a north south road on our property somewhat easier, should certainly not be held against us. In addition, it will still cost Royal well over one million dollars to build this road in any event. Further, the fact that the Hines/Gralnick property is a larger parcel requiring a paved area of known from the outset. Moreover 9ttheentireer 9Highth oPoint Hospital site r a road, was a chas ealmuch greater development potential than the Royal site. Finally, certain arguments have been raised that the Village Board in determining the nature of the respective commitments of both Royal and Hines/Gralnick should not merely look at the traffic improvement commitments, but rather look at all the commitments which the respective developers have made and are willing to make to the Village. The Board is well aware of the fact that Royal Executive Park, from the very outset, has been a good neighbor and an asset to the Village and has taken a strong interest in the community. Insofar as recreation is concerned, Royal has already given $200,000 in cash payments to the Town of Rye and Village of Rye Brook for recreation purposes. By contrast we understand that the Village would receive no monies for recreation from the Hines/Gralnick interests until a certificate of occupancy is issued for the first 200,000 square feet, an event which may be several years off. Further, Royal Executive Park has agreed to construct a jogging and fitness course for the Village residents. Royal has been working closely with the Recreation Commission of the Village on this proposal and final planning and design work is now well under way. By contrast the Hines/Gralnick interests are being requested to-dedicate five acres of undevelopable land in the extreme northwest quadrant of the Hines property in close proximity to the Airport. Further, it is our under- standing that if such dedication is made, the Village would have to agree not to seek any further contributions from the Hines/Gralnick interests for recreation, in the event of further development approvals, on the Rye Brook Office Park site. Thank you for allowing us to bring these matters to your attention. If you have any questions, please do not hesitate to contact me. Very truly yours, Joel H. Sachs JHS:tm cc: Georgia Kramer, Esq. Mr. Frederick Weidle Mr. Kurt Kilstock Mr. Stuart Field Bill Cuddy — I have a response which I would like to have recorded, in the form of a letter dated November 13, 1984. LAW OFFICES CUDDY & FEDER 90 MAPLE AVENUE WHITE PLAINS, NEW YORK 10601 GARY E.BASHIAN ww tans Ola 761-1300 THOMAS R.BEIRNE Wu D.c.l tannacncut'014ca JOSEPH P.CARLUCCI 460 SUMMER STREET WILLIAM V.CUDDY Inw O J STAMFORD,CONNECTICUT 06901 ROBERT FEDER 903 3a6-4786 THOMAS D.GIORDANO to.R. ANDREW A,GLICKSON ww coma Cowin - _ JOSHUA J.GRAUER MILDRED WEIL Inco c.4 KENNETH F.JURIST PAUL OGflAVENHOflST lelwcamJ, - RICHARDA.KATZIVE November 13, 1984 ELLCO GRVENHOJ. ON IWm.0 THOMAS H.KOZLARN Ww tanJ GORDON R.PATERSON Icon.wu) BARRY LONG r RUTH E. BOTH LOUIS R.'TAFFEflA Hon. Jack Kabcenell, Mayor - and Members of the Board of Trustees Village of Rye Brook 111 South Ridge Street Rye Brook, New York 10573 - Re: Rye Brook Office Park Gentlemen: Although we were not copied on the Plunkett & Jaffe letter of November 7, 1984, the contents thereof have been brought to our attention, and we feel obliged to 'respond to, j certain of the issues raised therein. When Mr. Kilstock persuaded the Village Board to expeditiously approve the Royal Executive Park site plan on - October 9th, you will recall that I did not attempt to - dissuade the Board from granting such approval, but I did suggest that it would be more appropriate if the approvals ! . . for both projects were handled concurrently. Perhaps the second guessing by him and his counsel at this time could - have been avoided if my suggestion were accepted. Royal's belated intervention into the Rye Brook Office Park approval process at this juncture is completely unjustified. In any event, to adequately appreciate the distinc tion between the projects, two critical differentiating factors should be again brought to the Board's attention. First of-all, only a portion of the High Point property is under consideration for commercial development at this time, i.e. , 200,000 square feet of office space on thirty acres, constituting part of the northerly eighty-two acres which are the subject of the joint venture between Gerald D. Hines Interests and High Point Estates. . There are no present plans for commercial development of the southerly sixty acres, which are being retained by High Point Estates. The entire Royal Executive Park property is .and always has been entirely committed to commercial development. It -has _ already received site plan approval for 540,000 square feet" of office space and "conceptual" approval for an additional 360,000 square feet of office space. Secondly, Royal Executive Park has constructed its office buildings on a speculative basis, i.e. , before it has a tenant. It is the present intention of Hines to spend aperiod of time pre-leasing its building. This approach has been most effective for both Hines and the communities in which it has operatedthroughout the United States since, because - of the unique quality of its product, it has 'enabled the company to attract the most prestigious companies in the country as its tenants. 000400 High Point Associates has made commitments to the Village which are far in excess of those which would be normally imposed on a developer of a 200,000 square foot project. It intends to keep those commitments, even though they represent more than a fair share of road and recreation contributions, when compared to Royal Executive Park, and more emphatically, when compared to other commercial develop- ments either constructed or approved in the Village of Rye Brook. Royal's present position, as originally articulated by its attorney at the October 23rd meeting, simply beclouds `"- a clear question of fact. This was apparent to Mr. Craig of Gerald D. Hines Interests, whose letter to me of October 25, 1984, a copy of which is enclosed, clearly and concisely delineates the infrastructure contributions of the respective developers. aggregateThe f Rye Brook community infrastructure bby ors o onbehalfthe lofaRyeoBrook Office Park are proportionately greater than Royal Executive Park's. Rye Brook Office Park's contributions to traffic - improvements and recreational uses, when measured separately or cumulatively, exceed the contributions being made by Royal Executive Park. The attached letter clearly indicates that the total traffic improvement contributions made by or on behalf of Rye Brook Office Park in conjunction with site plan approval for 200,000 square feet are $775,500. or $3.89 per square foot versus $1,739,000 or $3.22 per square foot for Royal Executive Parka Rye Brook Office Park wil-1 also - be obligated to pay an additional $740,000 for thecostof the road through its property for development beyond 200,000 square feet. With respect to recreation contributions, Mr. Kilstock's letter contains several misstatements regarding our client's commitment to contribute both land and cash to the Village for this purpose. The dedication of land at this time, although being made to discharge obligations for possible future phases, has been made as a condition of this phase, without any assurances that there will ever be any subsequent development. Therecreational land dedication, which will be made at the time the building permit is issued for this phase, not when the Certificate Of Occupancy is granted, will consist of eleven acres, not five. That, together with -$200,000 cash payment at the time of the issuance of the building permit have an aggregate estimated value of $970,000 or $4.85 per square foot versus $200,000 or $0.37 per square foot for Royal Executive Park. Taken the tions for Rye Brook OfficeParkearea$10,748,�500rorf$8.75ic nperbu . square foot versus $1,939,000 or $3.59 per square foot for Royal Executive Park. This clearly rebuts any questions regard- ing the equity of the conditions being imposed on the respective projects. It is regrettable that Royal has assumed this posture since it is abundantly clear that Rye Brook Office Park has been more than responsive to the site plan conditions imposed - by the Village, and, in fact, is being required to assume proportionately greater obligations than Royal Executive Park. _ Cordially yours, William V. Cud y WVC:ap Encl. 0UU401 Gerald D.Hines Interests 375 Park Avenue New York,New York 10152 Area Code 212"355 3490 ,,, I October 25, 1984 !i Mr. William V. Cuddy, Esq. Cuddy E Feder 90 Maple Avenue Ii. White Plains, NY 10601 -! Re: Rye Brook Office Park 130-080 Approval Process Dear Bill: At our meeting with the Village Board of Trustees last Tuesday, Joel Sachs. suggested to the Board that both the Royal Executive Project and the Rye Brook Office Project share costs on a 'lproportIona]" basis. Joel went on to state that costs would not be shared equally if the Board released us from obligations to build the road as a condition of this phase. As we both know, when the aggregate contributions are considered and measured against building area approved, the only Inequities created work In Royal Executive's 'favor, not against them. I believe the attached table makes this very clear. Unforttunately, Joel may have created sane confusion -among certain members of the Board of Trustees. If you believe the attached table clarifies this whole Issue perhaps we should send It to each of the Trustees. .Please let me know what you think. Sincerely, _ Tamry Cralg RYE BROOK OFFICE PARK COMPARISON OF PUBLIC CONTRIBUTIONS. Royal Executive .Rye Brook Park Office Park I. RECREATION Cash Contributlon Land Dedication 5200,000 $200,000 -- 770,000 j Subtotal 1 $200,000 $970,000 II. ROAD COSTS I Land dedication for Road 280,000 490,000 Road Costs 740,000 . Lincoln Ave/King St -- k00,000 - Royal Executive/King St 200,000 Anderson Hill/King St 142,000 107,500 Merritt Pkwy/King St 107,000 81,000 _ Contribution to Escrav Fund 270.000 (I) _ - ' Subtotal $1,739,000 $778,500 Grand Total $1,939,000 .$1,748,500 III. COSTS PER SQUARE FOOT Building Area (in square feet) 540,000 200,000 Cost psf $3.59 $8.75 (I) High Point Associates will pay for cost of Road, estimated at $750,000, over portion of property It has under contract and will also contribute to the escrow fund for all approvals beyond the initial 200,000 sf. ()QO402 Mayor Kabcenell explained the location of the proposed north/ south road with a rough sketch on the blackboard. - Trustee Zak - I think that Harrison and Greenwich had had sufficient time to enter any objections. Trustee Harris - perhaps we should honor Mr. Angarano's requestto delay in view of the meeting to be held with Greenwich on Friday. William Cuddy - The original application was filed May 8tb, 1983, and we have followed all of the legal requirements during this entire process. Trustee Harris - the date of the hearing towhich Mr. Cuddy referred, was March 27,•1984, at which Mr. Charles Balancia, Harrison Councilman, and First Selectman Roger Pearson of Greenwich were in attendance. Mayor Kabcenell - I have great difficulty with the timing of your request. On the motion of Trustee Meiskin, seconded by Trustee Zak, WHEREAS, the Village Board of Trustees of the Village of Rye Brook, New York has reviewed an application for site plan approval to construct a campus-type office building on approximately thirty (30) acres of land, submitted by High Point Associates, to construct a single office building containing - approximately 200,000 square feet of office spaceand related parking, landscaping, utilities, storm drainage and other incidental elements on a parcel of property located southwest. of the intersection of King Street and Lincoln Avenue and designated on the Tax flop of the Village of Rye Brook as Section 1, Block 3, Lot 1A-2, and WHEREAS, said application consists of and is supplemented . by the following: 1. A site plan consisting of seven (7) drawings, all entitled "Rye Brook Office Park, Village of Rye Brook, Westchester County, New York", dated as noted below, and prepared in the offices of and under the direction of the following: Gerald D. Hines Interests, Developers; John Burgee Architects with Philip Johnson, Consultant; the SWA Group, Landscape Architects/Site Planners; Raymond, Parish, Pine & Weiner, Environmental Consultants; and Dolph Rotfeld, Site Engineering, P.C. : (a) Conceptual Site Plan, dated August 31, 1984 - showing locations and relevant concept for buildings, drives, parking areas and landscaping features, j (b) Preliminary Landscape Concept Plan, dated August 31, 1984, showing additional landscape treatment of sitelan areas P proposed for development; , (c) A storm drainage and retention system, r dated August, 1984 as revised October, 1984; (d) A sanitary sewer system dated August, 1984 as revised October, 1969; (e) Water supply and fire protection,system, dated August, 1989 as revised October, 1989; 'I (f) A Preliminary Grading Plan dated August 31, 1984, and WHEREAS, in the course of its review of said site plan I application the Board of Trustees has noted, caused or con- ducted the following activities: . 1. The applicant'-s agents, Cuddy & Feder, Attorneys, submitted a site plan application for the subject project on May 8, 1983; i 2. On May 18, 1983 the applicant submitted an Environmental Assessment Form and, on the basis of - its review of said form, the Village Board assumed Lead Agency-status on June 28, 1983; 3. At the request of the Village Board, the applicant submitted a Draft Environmental Impact Statement in October, 1983. 'A public hearing was held on the DEIS on March 27, 1984 at which time, and during the subsequent statutory comment period, the Village Board of Trustees, acting as lead agency, heard comments from the public`, and other involved govern- mental agencies and municipalities; 4. In May, 1984 the consultants for Rye Brook Office Park submitted written responses to the oral and written comments made at the March 27, 1984 public hearing as well as the written comments received subsequent thereto; 000404 , 5. At the request of the Village Board, an FEIS (Final Environmental Impact Statement) was prepared, reviewed and accepted by the Village Board of Trustees on July 10, 1984; 6. The Board of Trustees referred the proposed site plan to the Village Planning Board on July 10, 1984 .for review and recommendations. 7. The Village Planning consultants requested addition- al information from the applicant's agent on July 26, 1984 which information was supplied by Cuddy & Feder by letter dated September 5, 1984; S. In the course of its review the Village Planning. . . Board held at least three regularly scheduled meetings at which time they reviewed the subject site plan documents for Rye Brook Office Park; 9. During the period of the Planning Board's review above, the site plan documents filed on behalf of Rye Brook Office Park were ,also reviewed by Frederick P. Clark Associates, planning consultants to the Village of Rye Brook; 10. On September 6, "1984, the Village Planning Board recommended approval of the site plan subject to certain conditions; and 11. On September 25, 1984, Frederick P. Clark Associates recommended approval of the site plan for the Rye Brook Office Park with certain conditions; and WHEREAS, the Village Board of the Village of Rye Brook is of the opinion that it is in the interest of the Village of Rye Brook to approve the site plan for the Rye Brook Office Park as presented subject to certain conditions and stipulations hereinafter set forth, NOW, THEREFORE, BE IT RESOLVED, that prior to any decision of approval, approval with conditions or denial of the site plan the Village Board of Trustees has given consideration - to the Final Environmental Impact Statement for the Rye Brook Office Park and hereby finds that the requirements of the New Ulm4.& York State Environmental Quality Review Law and 6 NYCRR Part 617 and the Laws of the Village of Rye Brook have been met and more specifically that: 1. Consistent with social, economic and other essential considerations, from among the reasonable alternatives thereto, the action to be carried out or approved is i one which minimizes or avoids adverse environmental effects to the maximum extent practicable, including. the effects disclosed in the relevant environmental impact statement; 2. Consistent with social, economic and other essential j considerations, adverse environmental effects dis- closed in the environmental impact statement will be minimized or avoided by incorporation of conditions to the site plan approval as mitigative measures which have been identified as practicable, and other conditions which may be established by the Village Board of Trustees. -- WHEREAS, in the opinion of the Village Board of Trustees, II the applicant has complied with the Village of Rye Brook development regulations for site plan approval except as may be noted below, NOW, THEREFORE BE IT RESOLVED, that said application for site plan approval and said supplemental site plan docu- ments noted above be and they hereby are approved,. and the designated agent of the Village Board of Trustees is hereby authorized to endorse said approval upon copies of all documents, which endorsement shall authorize the issuance of building permits in accordance with this resolution and all applicable laws, all upon completion of the following modifi- cations and conditions, and also in accordance with the Village's zoning ordinance, subdivision regulations and building code, and that the applicant be so notified. 1. After issuance of and as a requisite for main- tenance of a certificate of occupancy, all aspects of the development project shall be 'maintained in a clean, viable, well repaired and healthy growing condition. 2. No top soil may be removed from the project site without the express approval of the Board of Trustees, which approval shall not be unreasonably withheld or delayed. 3. High Point Associates shall contribute Two Hundred Thousand ($200,000.00) Dollars to the Village of Rye Brook to be used exclusively for parks and ' recreation purposes on or before the issuance of any building permit authorized pursuant to thissite plan approval. Upon full payment of the Two Hundred Thousand ($200,000.00) Dollars, High Point Associates, its successors and assigns, shall be fully discharged from any liabilities which it has or may have either . now or hereafter pursuant to Section 7-730 of the Village Law of the State of New York, or any other law, or otherwise, relating to parks'MO -recrea'tiorf— purposes, with respect to the subdivision or resubdivision of the thirty (30) acre parcel which is the subject of this application. 4. High Point Estates, Inc. ,� which is a joint venturer in High Point Associates, the applicant herein, and which is the current record owner- o£ the thirty (30) acre parcel referred to above, fifty-two (52) acres contiguous thereto on the west and south which are encompassed by the joint venture agreement, and an additional sixty (60) acres which are contiguous on the south to the joint venture property, shall fully discharge any liabilities which High Point Estates, Inc. , High Point Associates, Gerald D. Hines Interests, . Ltd. , and their respective successors or assigns have or may have, either now or hereafter, pursuant to Section 7-730 of the Village Law of the State of New York, or any other law, or otherwise, relating to parks and recreation purposes, with respect to both the fifty-two (52) acre parcel and the sixty (60) acre parcel referred to above by the dedication to the Village of Rye Brook for parks and recreation purposes of an eleven (11) acre parcel on the westerly side of the right of way referred to in Paragraph 5 (a) hereof, as more particularly shown on Exhibit "5!', dated October 31, 1984 annexed hereto and made a part hereof. An appropriate deed of .dedication to such property shall be executed and delivered to the Village of Rye Brook on or before the issuance of any building permit authorized pursuant to this site plan approval. -- 5. Annexed hereto and made a part hereof is a form of agreement marked Exhibit "B" relating, inter 'alia, to: (a) The dedication of a right-of-way of approximately one hundred (100) feet running the entire length of the High Point property and the construction of a major road thereon. (b) The participation by High Point Associates in theconstruction of roadway improve- ments to the Anderson Hill Road and King Street intersections and the Merritt� �, Parkway and -King Street intersections. '. (c) Participation by High Point Associates and, under certain circumstances, High Point Estates, Inc. in a road -and/or traffic improvement district or alternative procedure to improve the road network in the environs of the premises. (d) Contributions by High Point Associates and, under certain circumstances, High PointI. I , Estates, Inc. to a road improvement fund. (e) Widening of the Lincoln Avenue/King Street intersection within the State of New York to improve traffic flow. High Point Associates and High Point Estates shall, as a condition of this site plan approval, execute and ®00408 deliver to the Village of Rye Brook an agreement embodying the foregoing commit- ments substantially in accordance with the terms and conditions of Exhibit "B". Such agreement shall be recorded in the Westchester County Clerk's Office, Division of Land Records and shall impose a lien upon the respective premises to ensure the fulfillment of the obligations more speci- fically referred to therein. 6. High Point Associates, as a condition precedent to the issuance of a building permit, otherwise authorized - pursuant to this site plan approval, shall submit a written storm drainage system maintenance schedule to the Village Engineer, who shall be responsible _ for approving the same. The said maintenance''"" schedule shall identify all elements, of the system and incorporate a program for periodic inspection and removal of accumulated silt, debris and other obstructions when and if necessary. 7. High Point Associates shall, concurrently with-its application for a building permit, submit an erosion control plan to the Westchester Soil and Water Conservation Board. The erosion control plan and related .site construction activities shall comply with all controlling laws and regula- tions and shall be in accordance with the Board's "Best Construction Management Practices." High _ Point Associates shall utilize the services of the Westchester Soil and Water Conservation Board where appropriate. 8. Details with respect to signage, lighting and landscaping shall be subject to the further approval of the Village Board, Without limitation by reason of specification, High Point Associates shall submit a detailed listing or schedule of exterior .landscape and planting material, including, but 'lot limited to, type, size and locations of all planting material, which shall be subject to approval of the Village 000409 Board of Trustees, which approval shall not be un- reasonably withheld or delayed. . 9. Should the storm and drainage system or any element of the system become temporarily clogged or blocked, the Village Board of Trustees may direct the clearance i of said blockage to be performed within twenty (20) days, or in the event of`an' emergency, within twenty- four (24) hours, by an- outside independent contractor, and the cost of removal of said blockage or correction of the physical reasons leading to causing the emergency and charge the cost of conducting said work against the developer and property, enforceable in the same manner as a tax lien. - 1.0. High Point Associates shall submit detailed graphic examples of building facades and exterior pedestrian area construction materials, including exterior signs and lighting, pavement, exterior wall materials and _. other matters to the Village Board of Architectural i Review, to the extent of detail deemed reasonably appropriate by said Board of Architectural Review for i approval of said Board. 11. High Point Associates shall make reasonable efforts to integrate soundproofing materials into the construc- tion of the buildings, and a report with respect there- to shall be submitted to the Board of Trustees for its information. 12. All construction of the Rye Brook Office Park project shall be completed, including all landscaping, prior to the issuance of a final certificate of occupancy. Without limitation by reason of specification, the applicant may request and the Village Building Inspector may grant, a temporary certificate of occupancy in order, inter alis, to provide reasonable assurance that the applicant will be afforded the necessary time to achieve required road improvements which are - - within its control and to satisfy other conditions set forth herein. - 000410 13. High Point Associates shall submit a construction ' traffic plan and program as a mitigative measure to include but not be limited to: traffic routing in and out of the site, general hours of truck traffic, . availability of flag men or other traffic control devices during periods of temporary congestion or emergency, and other matters considered appropriate. - - 14. The applicant shall pay to the Village of Rye Brook an inspection fee for construction and inspection and for compliance with the approved site plan in the amount of One Thousand ($1,000.00) Dollars, plus such other )payments as may be required from time to time for expenses incurred in consequence of the Village's use of independent consultants, planners, architects and engineers to the extent which may be reasonable and necessary, provided the aggregate_ . cost thereof does not exceed Twenty Thousand ($20,000.00) Dollars. 15. In addition to the applicant's obligations pursuant - to Paragraph 9 hereof, if the applicant fails. to comply with any of the conditions With respect to maintenance and landscaping, the Village Board of Trustees may direct compliance with the site plan conditions to be performed within twenty (20) days, Or in the. event'of an emergency, within twenty-four (24) hours, by an independent contractor, and the cost of such services shall become a charge against the premises, enforceable in the same manner as a tax lien. 16. High Point Associates, prior to the issuance of 'I any building permit authorized pursuant to this site plan approval, shall deliver a survey or surveys to the Village of Rye Brook which shall contain metes and bounds descriptions of the following premises referred to in Exhibit "B": (a) Parcel "A", (b) Parcel "B", (c) Parcel (d) Parcel "D", (e) The right of way referred to in Paragraph 3 thereof; 0OP"i 11 and the parks and recreation area referred. to in Paragraph 4 hereof. I� 17. The Board of Trustees reserves the right to make a final field inspection of the site before issuance j of a certificate of occupancy for the proposed I construction. The purpoge of this final inspection.. is to review the development and to_require any minor modifications to parking, landscaping, signs, drainage, access and other site plan details in the interest of safety, convenience and aesthetics as may be reasonable and .necessary. The applicant shall maintain all elements of the approved .site plan including landscaping in a neat and healthy condition so as to retain its approved certificate of occupancy. 18. In the event the applicant, or its successors or assigns does not apply for a building permit within i five (5) years from the date hereof, this site plan approval shall expire unless such period is extended by the Board of Trustees upon reasonable cause shown. Upon the issuance of a building permit, the permittee shall diligently proceed with the con- struction authorized pursuant thereto, subject to strikes, war, acts of God, and other circumstances • beyond the control of the permittee. AGREEMENT EX H131T' �� AND DECLARATION OF RESTRICTIONS AGREEMENT made this day of November, 1984 by and among the Village of Rye Brook (sometimes hereinafter referred to as "Rye Brook") a municipal corporation organized and existing under the laws of the State of New York having its principal office and place of business at 111 South Ridge Street, Rye Brook, New York 10573, High Point Estates, Inc. , a New York corporation with its office.and principal place of business c/o Shea & Gould, 330 Madison Avenue, New York, New York 10017, Attention: Bernard D. Fischman, Esq. (sometimes hereinafter referred to as "Estates") and High Point Associates, a partnership organized and existing under the laws of the State of New York with its office and principal place of business c/o Gerald D. Hines Interests, . Ltd. , 375 Park Avenue, New York, New York 10152 (sometimes - hereinafter referred to as "Associates") WHEREAS, High Point Estates, Inc. is the ownerof approximately one hundred forty-two acres of land situated on the westerly side of King Street south of Lincoln Avenue, . in the Village of Rye Brook, Town of Rye, County of Westchester and State of New York, more particularly described as Parcel "A" on Exhibit "1" annexed hereto and made a part hereof; and which premises are more specifically described in a deed from Hipo Realty Corp. to High Point Estates, Inc. dated September 6, 1974 and recorded in the Westchester County Clerk's Office, Divi- sion of Land Records on September 11, 1974 in Liber 7220 of Deeds, Page 639; and WHEREAS, Estates has heretofore entered into a joint venture agreement with Gerald D. Hines Interests, Ltd. , a limited partnership organized and existing under the laws of the State of Texas with an office and place of business at 375 Park Avenue, New York, New York 10152 (sometimes hereinafter referred to as "Hines") under the name and title of High Point Associates for the commercial development of the northerly portion of Parcel "A", consisting of approxi- mately eighty-two (82) acres, described as Parcel "B" on Exhibit "2" annexed hereto and made a part hereof (sometimes' hereinafter referred to as "Rye Brook Office Park") ; and WHEREAS, it is contemplated that Estates will retain title to the southerly sixty (60) acres of Parcel "A", described as Parcel "C" on Exhibit "3" annexed hereto and made a part hereof (sometimes hereinafter referred to as the "Estates Property") ; and WHEREAS, Associates has been granted site plan approval for the construction of approximately 200,000 square feet of office space on a parcel of land of approximately thirty (30) acres situated at the southwest corner of King Street and Lincoln Avenue by the Village Board of the Village of Rye Brook on November 13, 1984, which parcel is a portion of Parcel "B" ~�. and is more particularly described as Parcel "D" on Exhibit "4" annexed hereto and made a part hereof, and is known and - , designated as Section 1, Block 3, Lot IA-2 on the Tax Map of the Village of Rye Brook; and WHEREAS, in approving the Associates site plan for Parcel "D" the parties hereto recognize the need for certain traffic improvements in the King Street corridor; and WHEREAS, the site plan approval granted on November 13, 1984 by the Village of Rye Brook is conditioned on the execution and delivery of this agreement by Associates and Estates with respect to traffic improvements, the contri- bution of moneys, the dedication of real property to the i Village of Rye Brook, and other related matters, NOW, THEREFORE, Associates agrees to the provisions here- inafterset forth applicable to it, and Estates, as owner of the premises, does hereby declare that the respective premises as more specifically hereinafter set forth are now and shall be held, leased, transferred, conveyed, mortgaged, encumbered and occupied subject to the following restrictions which exist for the purpose of the common good of the people of the Village of Rye Brook, and for the protection of the value and desirability of the said premises, and which shall run with the real property, binding every party having any right, title or interest to the respective premises or any part thereof: 1. Associates agrees to pay a share of needed traffic improvements at the King Street/Anderson Hill Road intersection, together with other benefitted developers in the Village of Rye Brook, it being understood that Associates' share shall not, in any event, exceed 43% of the total design and construction costs payable by Rye Brook developers ' 000 1.4 or'taxpayers for such improvements, or One Hundred Seven Thousand Five Hundred ($107,500.00) Dollars, whichever is less. Such payment shall be made at the time of the issuance - o£ a building permit with respect to such intersection improvements. It is further understood and agreed any monies paid by Associates pursuant to this provision shall be reduced, adjusted and recaptured by Associates on an equitable basis in the event other 'significant commercial site plans are hereinafter approved by the Village of Rye Brook, in consequence of which the owners of such site or sites, or such site or sites, are benefitted by the improve- ment described herein. The Village of Rye Brook shall exercise reasonable efforts to ensure that other parties, including but not limited to, the Town of Greenwich and similarly situated commercial developments within the Town of Greenwich, contribute to such improvements, ,if, as and when such improvements are actually constructed. 2. In the event that Associates obtains a building permit for Parcel "D", then Associates agrees to pay a share of needed traffic improvements at the King Street/Merritt Parkway intersection, as more particularly described in High Point Associates Draft Environmental Impact Statement, together with other benefitted developers in the Village of Rye Brook, it being understood that Associates' share shall not, in any event, exceed 438 of the total design and construction costs payable by Rye Brook developers or taxpayers for such improvements. Such payment shall be made at the time of the issuance of a building permit .with respect to such intersection improvements. Such share shall not exceed 1258 of 438 of: the total .cost of :such: imp�ovemen:ts, or Eight-One Thousand ($81,000.00) Dollars, whichever is less. It is further understood and agreed any monies paid by Associates pursuant to this provision shall be reduced, adjusted and recaptured by Associates on an equitable basis, in the event other site plans for significant commercial development are hereinafter approved by the Village of Rye Brook, in consequence of which the owners of such site or 000415 sites, or such site or sites, are benefitted by the improve- ments described herein. The Village of Rye Brook shall exercise reasonable efforts to ensure the implementation, to the extent legally possible, of the foregoing. Further, the Village of Rye Brook shall exercise reasonable .efforts to r, ensure that other interested parties, including, but hot limited to,. the Town of Greenwich, State of Connecticut, State of New York and other commercial developments in the benefitted area contribute to such improvements, if, as and when such improvements are actually constructed. 3. Estates agrees to dedicate a right-of-way on .. the westerly side of Parcel "A" of approximately one hundred (100)feet in width across Parcel "A", and , in addition, reason- able and necessary slopeand grade easements, for a proposed future major road, as more particularly delineated on Exhibit "5" annexed hereto and made a part hereof. In the event the �I Village of Rye Brook determines that the construction of such road as an integral element of a comprehensive road - network is necessary and desirable, Estates shall, without further compensation, dedicate such right-of-way to the - Village of Rye Brook or such other governmental authority having jurisdiction thereof, as may`then be determined by the Rye Brook Village Board. Estates also agrees to grant such other easements as may be reasonable and necessary to maintain and repair such road. In the event the Board of Trustees 'of the Village of Rye Brook determines to modify the precise location and course ofsuchroad, it may do so provided such realigned road substantially conforms to Exhibit "5" and does not unreasonably interfere with the - present use of Parcel "C" as a hospital, convalescent home. � - and residence, and does not unreasonably interfere with the use of Parcel "B" or Parcel "C" for office buildings and accessory parking. The aforesaid offer of dedication shall automatically expire twenty-five (25) years from the date hereof if such offer has not been duly accepted in writing by the Village of Rye Brook and notice thereof given to Estates or its successors in title. 000.4 1.0 4. In the event that Associates obtains a building permit for Parcel "D", then Associates agrees, at its sole cost and expense, prior to the issuance of a certificate of occupancy for the building to be constructed on Parcel "D", to widen the Lincoln Avenue-King Street intersection within the State of New York to improve traffic flow by, inter alis, providing a left turn lane proceeding northerly. 5. In the event Associates applies for and receives the requisite approvals for a site plan and. building permit for the further commercial development of Parcel "B", including, but not limited to, further commercial development of Parcel "D", it hereby agrees, at its sole cost and expense, to construct that portion of the road referredto in Paragraph 3 which traverses Parcel "B". It is further understood and agreed .any monies paid by Associates pursuant to this provi- sion shall be reduced, adjusted and recaptured by Associates on an equitable basis in the event other site plans for significant commercial development are hereinafter approved by the Village of Rye Brook, in consequence of which the owners of such site or sites, or such site or sites, are -- benefitted by the improvement described herein. The Village of Rye Brook shall diligently exercise reasonable efforts to ensure the implementation, to the extent legally possible, of the foregoing. 6. In the event Estates applies for and receives the requisite approvals for a site plan for commercial develop- Ment of not less than 200,000 square feet on any portion of Parcel "& , it hereby agrees, at its sole cost and expense, to construct that portion of the road referred to in Paragraph 3 which traverses Parcel "C". In the event a site plan for li commercial development for less than 200,000 square feet of office space on Parcel "C" is approved as set .forth above, Estates agrees to pay a proportionate share of the cost of such road, which share shall be determined by multiplying the cost of such road by a fraction, the denominator of which shall be 200,000 square feet, and the numerator of which shall be the actual square footage of office space as 0.04417 approved as aforesaid. It is further understood and agreed any monies paid by Estates pursuant to this provision shall be reduced, adjusted and recaptured by Estates on an equitable basis in the event other site plans for significant commercial development are hereinafter approved by the Village of Rye Brook, in consequence of which the owners of such .site or i .. sites, or such site or sites, are benefitted by the improve- ments described herein. The Village of Rye Brook shall - exercise reasonable efforts to ensure the implementation, to the extent legally possible, of the foregoing. 7. In the event that a road and/or traffic improvement district or such other legally permissible mechanism to secure the funding of major road improvements is formed either by the Village of Rye Brook individually or in conjunction with other governmental agencies and munici- palities, Associates and Estates hereby agree(s)' to make payments to the district with the other owners of the property. within such district as provided by law. Associates and Estates --I further acknowledge and agree that certain existing, or future . . � residential property owners in the Village of Rye Brook may not be required to make contributions to any such district, and that ,such district may provide for reasonable exemptions and- exclusions to the extent permitted by 'law. The base amount from which the required payments of each benefitted property owner within the district shall be the total dollar amount of the improvements to be undertaken within the district as determined and established by the appropriate governing body, 'I including, but not limited to, the cost of the road improvements set forth in Paragraphs 1, 2, 5 and 6 herein. In calculating ! the amounts payable by each property owner within any such district, Associates and Estates shall be given credit for monies respectively expended on the improvements described in Paragraphs 1, 2, 5 and 6 herein. 8. In the event that no road and/or traffic improvement district is formed, then Associates and Estates shall make available to the Village of Rye Brook or other governmental agencies a fund for road and traffic improvements 000418 in the King. Street corridor in. the vicinity of the premises. The total amount of such funds shall be equal to one ($1.00) , Dollar per square foot of the gross floor area of any additional office buildings, beyond the initial 200,000 square feet referred to herein, for which building permits are subsequently issued on Parcels "B", "C" or "B '. The obligation to provide this " fund shall be independent from and in addition-to the obliga- tions assumed by Associates in Paragraphs 1, 2, 9 and 5 herein, and by Estates in Paragraph 6 herein. . Any payments made pursuant to this paragraph shall be in cash, certified check or letters of credit payable 'to'the Village of Rye Brook or to such other governmental entity as may be approved ' by the Village of Rye Brook. Such governmental entity shall hold such funds in trust for such improvements and shall have the right to draw upon and use such. funds at any time for the purpose oftrafficimprovements on the' King Street corridor. In the event such improvements are not constructed within twenty-five (25) years from the date hereof, such funds, together with interest thereon, shall be repaid to Associates and/or Estates, as the case may be. 9. In the event that a traffic improvement or road improvement district or other legal mechanism is .created subsequent to the payment of the funds set forth in Paragraph . 8, and within the aforesaid twenty-five (25) year period, then Associates and/or Estates, as the case may be, shall be given credit for such payment(s) by refund, reimbursement or otherwise, in calculating its or their share of the district cost. 10. The obligations to be undertaken by Associates and/or Estates pursuant to Paragraphs 3 to 8 inclusive herein are conditioned upon the implementation of acomprehensive road network, of which the road referred to in Paragraph 3 is an integral element, by the Village of Rye Brook alone . or in conjunction with other governmental agencies, whether by means of the establishment of a special improvement district, J 000419 or by the imposition of fair and equitable site plan conditions on similarly situated property owners, or by voluntary con- tribution by similarly situated property owners, or any combination of the foregoing. The Village of Rye Brook - shall diligently exercise reasonable efforts to ensure the implementation, to the extent legally possible, of the foregoing. . 11. Associates and Estates jointly and severally acknowledge and agree that the acreage of Parcel "A", and the floor area entitlement attributable thereto shall be reduced: (a) by the dedication of the eleven (11) acre parcel for parks and recreation purposes more particularly described in Paragraph 4 of the resolution of site plan approval of November 13, 1984, in consequence of which Parcel "B" has been reduced from eighty-two (82) to seventy-seven (77) acres, and Parcel "C" has been reduced from sixty (60) to fifty-four (54) acres, and (b) in the event the offer of dedication of the right-of-way, more particularly described in Paragraph 3 hereof, becomes effective, Parcels "B" and "C" shall be respectively reduced by the area of land encompassed by such right-of-way. 12. Notwithstanding anything to the contraky, expressed or implied herein, or in any other document, in any action brought to enforce the obligations set forth herein, neither Associates, Estate6, Hines nor any of their respective partners, shareholders, directors, or officers shall have any personal liability with respect hereto, any judgment or decree shall be enforceable against the premises as more particularly set forth below, and any such judgment or decree shall not be subject to execution on, nor be a lien on, assets of Associates, Estates, Hines or their respective partners, shareholders, directors or officers other than their respective interests in the aforementioned real property; 00042U . (a) Parcel "A" - Paragraph 3 ' (b) Parcel "B" (Exc7.usive of Parcel "D") - - Paragraphs 5, 7 and 8 - (c) Parcel "C" - Paragraphs 6, 7 and 8 (d) Parcel "D" - Paragraphs 1, 2 and 4. 13. Nothing contained in Paragraphs 1, 2, 5 and 6 hereof shall impose any direct financial obligations on the' Village of Rye Brook, it being understood that its obligations - - thureunder shall be limited to exercising reasonable efforts to ensure that the cost of the improvements respectively referred to therein shall be equitably distributed amongst the benefitted property owners to the extent legally permissible. 14 . This declaration or any part thereof shall terminate within twenty-five (25) years or upon the recording of a release or other appropriate equivalent document duly authorized and signed by the Mayor of the Village of Rye Brook. HIGH POINT ASSOCIATES By: GERALD D. HINES INTERESTS, LTD. , (A . xas Partnership) B G nerall artn I� Gerald D. n Parr VILL E 0 RYE By -- a ceells-Mayor I GH POINT ESTATES, INC. B Alexander Gr ay nick,—Pres.dent Trustee Meiskin votine AYE r ' O�I0.41!20 i i (a) Parcel "A" - paragraph 3 (b) Parcel "E" (Exclusive of Parcel "D") - Paragraphs 5, 7 and 8 (c) Parcel "C" - Paragraphs 6, 7 and 8 j (d) Parcel "D" - Paragraphs 1, 2 and 4. 13. Nothing contained in Paragraphs 1, 2, 5 and 6 hereof shall impose -oily direct financial obligations WER8049 m248 r AMR,,) _ � - el I i r: f ' exxi"rt i ^— i F P - " f � - s n 00041.0 (a) Parcel "A" - Paragraph 3 (b) Parcel "13" (Exc7.usive of Parcel "D") Paragraphs 5, 7 and 8 ' (c) Parcel "C" - Paragraphs 6, 7 and 8 'i (d) Parcel "D" - Paragraphs 1, 2 and 4. Mw i 13. Nothing contained in Paragraphs 1, 2, 5 and 6 hereof shall impose any direct financial obligations on the WER8049 Ao249 r PARCEL 6 rl � £ f f X' 1 1 L .tner LI Ya p z i (a) Parcel "A" - Paragraph 3 (b) Parcel "U" (Exclusive of Parcel "D") - Paragraphs 5, 7 and 8 (c) Parcel "C" - Paragraphs 6, 7 and 8 (d) Parcel "D" - Paragraphs 1, 2 and 4. 13. Nothing contained in Paragraphs 1, 2, 5 and 6 hereof shall impose any direct financial obligations on the'' o- L .+. C Ij 'tner 1 I 1 PAPCII C - 1 3 2 % a A 1 i= 1 s z 4 a✓a r � � ✓ \ 1 1 I .. � {� t 7� 000420 (a) Parcel "A" - Paragraph 3 (b) Parcel "B" (Exclusive of Parcel "D") 1 - Paragraphs 5, 7 and 8 I (c) Parcel "C" - Paragraphs 6, 7 and 8 I (d) Parcel "D" - Paragraphs 1, 2 and 4, f `< 13. Nothing contained in Paragraphs 1, 2, 5 and 6 E hereof shall impose any direct financial obligations on the- r Village of non 8111 1- . ;F wcw8C49 iwct252 � f ROAC A.O.W.1W I TD. r rCner NA- HIP V �'v ' byp 1t � . rw fy YS 1 ( 000420 (a) Parcel "A" - Paragraph 3 (b) Parcel "13" (Exclusive of Parcel -V-) - Paragraphs 5, 7 and 8 (c) Parcel "C" - Paragraphs 6, 7 and 8 (d) Parcel 'ID" - Paragraphs 1, 2 and 4. 13.- Nothing contained in Paragraphs 1, 2, 5 and 6 hereof shall impose any direct financial obligations on the' rmrF8049 e5f251 I. I PA Ncfl o P r" � � L ` 4. r H \\ a sk t O0Oki, (a) Parcel "A" - Paragraph 3 - - (b) Parcel "I3" (Exclusive of Parcel "D") - Paragraphs 5, 7 and 8 '! (c) Parcel "C" - Paragraphs 6, 7 and 8 (d) Parcel "D" - Paragraphs 1, 2 and 4. _ 13. Nothing contained in Paragraphs 1, 2, 5 and 6 hereof shall impose any direct financial obligations on the Vil lane of P" 6iR8049 mct253 y w. 4 rD. , rtner -------------- I � r (a) Parcel "A" - Paragraph 3 1 : (b) Parcel "811 (Ex f aragraphs5Parcel 7 ) and 8 E (c) Parcel "CI' - Paragraphs 6, 7 and 8 (d) Parcel "ON - Paragraphs 11 2 and 4. 13, Nothing contained in Paragraphs 1, 2, 5 and G hereof shall impose any direct financial obligations on the t - Village of RYe Brook. it hn4++rt �•...a_-_�__ , 1 „ C) I 1 r : SueEA80 B 2A , i 1 W65'fCHESTEA COUNTY CLEATS - eltsithfElllaU LAND RECORDS DIVISION j1 pp lD 35 RECORDING PAGE ....KY. Thin Space Pct Vee of A...rding Otf10- I TYPe of Inet.....t Data 02 BEDFORD -- 06 CORTLANDT Statutory Charge_._>�.__ MOrt9age AmounC 09 EARTCHE9TER 6V! ...... Yaa_No� 11 GREENEOApH Aecording CDeige 12 HARRISON. -- Piling Charge Rec`d. Tar an Above NOiC9e9a 16 LEMISBURG C[oee ReLeYence Beal. $ 17 MAMARONECK Additional $ Celt./Receipt 19 MT. KISCO 20 MT. PLE A9 AMT `/ Subtotal $ 21 MT. VYRHOM TOTAL------- 6+ 6pecisl 3 22 NEW CASTLE EKMD.__ 23 NEM ROCHELLE Ttanefor Tex Stamp- At teuhad Total S 2e NORTH CASTLE 1 I AMT.$ Setlal NO. 26NORTH SALEM' TD. 1 � I: DATE —— _ 20 PEEKSKIL ]D PEER6RLL4 f I Aull.0h..t.. S. Spann31 PELHAN Mutchaete[ County Clerk 35 POUND RIDGE ) " 36 AYE CITY AYE TOMH rtner `f I - / 36 SCARSDALE f 'I C/ 39 SOMERS _ e2 WHITE PLAINS �tArw 62 YONKERS 8r 03 y•rV r e1 YORKTOWN ; d• pate Ret-d. I TAzelnal Trane. Pee. No ROOOYd And Return tat t '1 I II I. i It _� 154B/11 13/11/85CPA 63.16 '. (THIS PACE IS A PART oP THE INSTRUMENT) l - °,1 TM Laxe9o1n9 inetrveent vu endon ed for the record a follow.+ Tow. city 11 The property affected by this instrument Se alLunta in the - ! County of Weatche.ter. N.Y. A txv0 o.py of the /uAa— moa-- lana [ origin �• S Yecorded Sn'the DiPL ion of Lead Ae cox6a e[ the ' county Clerk'. D[tl.e of xeae.heeter eovney on '/feF• /// /9A.r at in Llbar&i page_aLIL in the.book Of 01 A Fat f f- Ritness My hand and OLt101.1 S.AL1 /G.?�•,,� [ Anat.awlO. County Clerk io 000421 MINUTES Or DID OPENING, FRIDAY, MOVE14DER 16, 1984 - PRESENT: Donald Brown, Supt. of Public Works . . Cynthia Lund, Deputy Clerk Sally Latella, Secretary - Jim Reed, Jim Reed Sales S At 11 a.m. bids were closed, and Cynthia Lund began the opening of the bids received. - Contract 84-8, Salt 1. International Salt Company - $12,420.00 (400 tons) 1�i " 31.05 (unit price per ton) r i 2. Morton Thiokol, nlMorton Salt Division - No Bid Contract 84-I1, Two Ton Dump Truck I. Willow Motor Sales - $17,916.00 (1985 CMC 4x4, model TK-31003 w/snow plow) Contract 84-9, Cleaning of Catch Basins 1. Fred A. Cook Jr., Inc. - $17,400.00 (approximately 600 catch basins) - - 90.00 (per hour) - i Contract 84-10 Reay Dut Pick-Up Truck 1. Willow Motor Sales - $13,347.00 (1985 GMC 4x4, model TK-10703 w/snow plow) 2. Rye Ford - $I3,632.00 Contract 84-5, Police Vehicles 1. Frank Chevrolet, Inc. - $11,827.00 (per vehicle) 35,481.00 (total bid for three vehicles) 2. Pal Chevrolet, Inc. - $10,965.03 (per vehicle) 32,895.09 (total bid for three vehicles) _ 3. Rory Chevrolet, Inc. - $11,466.00 (per vehicle) . ... : 34,398.00 (total bid for three vehicles) 4. Michael Chevrolet, Inc. - $11,397.85 (per vehicle) 34,193.55 (total bid for three vehicles) . Meeting of Did Openings concluded at 11:16 a.m. i