https://sleepyhollow.localarchives.org/files/original/de3b791e0ae4ca8227a1a1a9604ee640.pdf f9f6bb6f8d6ae8542e4da6ef00b09924 PDF Text Text Meeting Date: Resolution #: 07/14/2020 07/71-A/2020 RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW ON FIRE TRUCK DONATION WHEREAS, the Village owns a 1982 CF Mack 100 Rear Mount Ladder Fire Truck, which was formerly in use as Temporary Ladder 38 ("Fire Truck"); and WHEREAS, the Fire Truck was purchased by the Village on an emergency basis for a price of $23,561.00 in February of 2016 while the Village waited for approval and purchase of a replacement; and WHEREAS, the Village accepted a bid for a replacement for the Fire Truck in November of 2016 and has received the replacement; and WHEREAS, the Village has been trying sell or to dispose of the Fire Truck; and WHEREAS, the Village Fire Department has informed the Village the Fire Truck and its apparatus are obsolete and have no current value; and WHEREAS, the Fire Truck is surplus Village property; and WHEREAS, the Village has identified a town in the Dominican Republic which will take the Fire Truck, handle the paperwork, and transport it; NOW THEREFORE BE IT RESOLVED, that the Board of Trustees authorizes the transfer of title to the Fire Truck FOB the Village to the town of Juan Lopez, Dominican Republic ("Juan Lopes"); and be it further RESOLVED, that Juan Lopez shall be responsible for all paperwork and transportation of the Fire Truck and shall attend to the same without delay; and be it further RESOLVED, that the Mayor and the Village Administrator are authorized to take any and all action necessary to implement this Resolution. Moved: Trustee Gebler Seconded: Trustee Leavy Vote: Unanimous �Meeting Date: Resolution #: 07/14/2020 07/71-A/2020 Resolution of the Mayor and the Board of Trustees of the Village of Sleepy Hollow to Approve Hahn Engineering Proposal for Route 9 Culvert Project Be It Resolved that the Board of Trustees hereby approves the attached proposal from Hahn Engineering to provide engineering services related to a collapsed culvert on Route 9 subject to the approval by the Village Attorney. Moved: Trustee Leavy Seconded: Trustee Scaglione Vote: Unanimous �IIIISSS JAMES J. HAHN Putnam Business Park 1689 Route 22 Brewster, N Y 10509 ENGINEERING, P.C. Tel: 845-279-2220 Fax: 845-279-8909 jhahn@hahn-eng.com June 29,2020 Mr. Anthony Giaccio Village Administrator Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 Re: Collapsing Culvert Route 9 Village of Sleepy Hollow Dear Mr. Giaccio: Thank you for this opportunity to present you with a proposal for engineering services regarding the collapsing culvert located along Route 9 South of Lawrence and 311 North Broadway. As requested, we are providing a proposal to identify the work required to replace the deteriorating culvert along with preliminary costs. This proposal is a follow up to our July 18, 2019 proposal for the same project area. The items shown are the preliminary work items necessary to develop the design tasks which will enable us to more accurately estimate both engineering and construction costs. • • • • • • • Obtain bids to video the collapsing pipe with analysis and recommendation. Once the extent of the failing pipe is ascertained, obtain a minimum of 3 surveyors to survey the proposed project. Conduct a drainage study to insure the pipe is appropriately sized pursuant to New York State Department of Transportation (NYSDOT) requirements Design pipe improvements and appurtenances as required and obtain permits as required. Design Stormwater Pollution Prevention Plans as required. Publicly bid the project pursuant to Village of Sleepy Hollow requirements. Provide construction administration services as required by the Village and NYSDOT. The first two bullet points have been completed. Based on the survey, video, and estimate, the design fee to replace the culvert is ± 8% of the construction cost, depending on a standard design without unusual difficulties. Typically, the cost of the design of construction projects range from about 5% to 10% of the construction amount, depending on project complexity and the time in obtaining the required permits. Attached please find a Salary Schedule in effect for this project. E N V I R O N M E N T A L S T U D I E S ASCE AWWA A N D • C I V I L R E P O R T S E N G I N E E R I N G • NSPE D E S ' G N �Anthony Giaccio Route 9 Culvert Replacement 2019 June 29,2020 Page 2 If you accept this proposal, please sign below and forward back to James J. Hahn Engineering, P.O. and work will commence. If there are any questions concerning the above, please do not hesitate to contact me at your earliest convenience. ery/ruly yours, tes J. Hahn, P.E. Accepted this YJ^l day of By (print name) JH:ay Enclosure P:\Village of Sleepy Hollow\Rt 9 Culvert Replacement 2019\Proposal\2020-06-25 Pioposal.docx ,9 2020 �Anthony Giaccio Route 9 Culvert Replacement 2019 June 29,2020 Page 3 SCHEDULE"A" VILLAGE OF SLEEPY HOLLOW It is agreed and understood that James J. Hahn Engineering, P.C., upon receiving prior Village Board approval, shall receive compensation for services rendered of a special nature, such as feasibility studies, design projects, and projects not part of normal operation of the Village, pursuant to the following schedule. Compensation for services shall be based on an hourly wage listed in the following table. SALARY SCHEDULE Salary S/Hr. Principal $225.00 Vice President $200.00 Project Manager $175.00 Project Designer $145.00 Project Engineer $130.00 Engineer $110.00 Inspector $105.00 Inspector $100.00 Inspector $ 80.00 �Meeting Date: 07/14/2020 Resolution #: 07/71-A/2020 RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW APPROVING LENGTH OF SERVICE AWARD PROGRAM FOR FIRE DEPARTMENT WHEREAS, the safety and protection of the citizens of the Village of Sleepy Hollow ("Village") depend in large part upon the effectiveness of the volunteer members of Sleepy Hollow Fire Patrol, Pocantico Hook and Ladder Co. No. 1, Rescue Hose Company No. 1, Union Hose Engine Company No. 2, and Columbia Hose Company No. 3 ("Sleepy Hollow Fire Department"); and WHEREAS, the effectiveness of the Sleepy Hollow Fire Department requires the recruitment, retention, and proper training of the Village's volunteer firefighters; and WHEREAS, the Village's volunteer firefighters have exhibited the highest levels of dedication and devotion to the citizenship of the Village and provide exemplary service at great personal sacrifice: and WHEREAS, the Village is eligible to establish a service award program pursuant to Article 11-A and Article 11-AAAA of the General Municipal Law of the State of New York; and WHEREAS, the Mayor and the Board of Trustees ("Board of Trustees") of the Village have duly considered and investigated the establishment of a service award program for members of the Sleepy Hollow Fire Department; and WHEREAS, the Board of Trustees has determined that the interests of the Village in encouraging individuals to become members of the Sleepy Hollow Fire Department and to continue as active members thereof would be promoted through the establishment of a service award program for eligible volunteer firefighters; and WHEREAS, the Board of Trustees has solicited proposals from consultants for actuarial and administrative services related to a service award program; and WHEREAS, the Board of Trustees has retained the firm of Hometown Firefighters and EMS Services to provide preliminary actuarial services to assist the Village in consideration of a service award program; and WHEREAS, a defined benefit plan as a service award program could be established for an annual cost estimated at $2,600.00 per participant the first year and in subsequent years the anticipated annual cost will be based upon an actuarial analysis of the membership census and consideration of the number of firefighters who earned 50 �Length of Service Points. It is anticipated that the annual estimated cost per participant will range between $2,600.00 and $2,700.00 each year, representing approximately a $92.64 and $96.20 per $1,000.00 assessed valuation increase in the real property taxes of the Village, respectively for the first and second year of program administration and with the annual administrative expense of such a program, once established and operating, estimated to be approximately $4,300.00; and WHEREAS, such a program would provide an eligible volunteer firefighter retiring with up to 30 years of credited service with an annuity in the amount of $600.00 per month for his life with 120 payments guaranteed; and WHEREAS, such a program would provide for an active service survivor's benefit for participants who have not yet attained the age of 62 on the Effective Date of the Plan equal to the greater of: (a) $10,000.00 for death during the course of service as a volunteer while actively engaged in providing line of duty services, as defined in Volunteer Firefighters' Benefit Law Sec. 5(1), or (b) the actuarial equivalent of the participant's accrued benefit and provide for an active service survivor's benefit for all other participants equal to the actuarial equivalent of the participant's accrued benefit; and WHEREAS, such a program would provide for an active service disability benefit equal to the actuarial equivalent of the participant's accrued benefit; NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Village agrees to establish a service award program for volunteer members of the Sleepy Hollow Fire Department as of January 1, 2020; and BE IT FURTHER RESOLVED that the program shall consist of a defined benefit plan with investment, actuarial, and administrative services to be provided by such contractors as shall be retained on behalf of the Village; and BE IT FURTHER RESOLVED, that the Village shall administer the service award program; and BE IT FURTHER RESOLVED that the Mayor shall be and he hereby is authorized to execute such contracts on behalf of the Village as he deems necessary and appropriate to accomplish the foregoing; and BE IT FURTHER RESOLVED that the Village Administrator be and hereby is designated as the Service Award Program Administrator authorized to meet with those individuals and organizations he deems appropriate in furtherance of these resolutions and to make appropriate recommendations to the Board of Trustees regarding aspects of the award program which are, by law, obligations of the program sponsor; and BE IT FURTHER RESOLVED, that the activities for which points shall be granted toward a year of service are in compliance with Article 11-A of the General Municipal Law, �provided, however that no points shall be granted for service prior to the effective date of the program on January 1, 2020; and BE IT FURTHER RESOLVED, that the program shall provide for contributions for fire service rendered by a participant for 5 years prior to its effective date, and the timing and methods of financing such contributions shall be $961.82 per participant per year for 10 years; and BE IT FURTHER RESOLVED that the Village Clerk be and he hereby is authorized to take all action necessary to lawfully submit this resolution for the approval or disapproval of the qualified electors of the Village of Sleepy Hollow on Saturday, October 3, 2020, between the hours of 9:00 A.M. and 6:00 P.M.; and BE IT FURTHER RESOLVED that the first proposition to be voted upon shall read as follows: The following is an abstract of a resolution duly adopted by the Board of Trustees of the Village of Sleepy Hollow at their meeting held on July 14, 2020, setting a vote by the public on Saturday, October 3, 2020, between the hours of 9:00 A.M. and 6:00 P.M. in accordance with law: Shall the qualified electors of the Village approve the resolution adopted by the Mayor and Board of Trustees on July 14, 2020, to establish a service award program to be administered by the Village for the volunteer members of the Sleepy Hollow Fire Department as of January 1, 2020? Such program would consist of a defined benefit plan as a service award which could be established for an annual cost estimated at $2,600.00 per participant the first year, and in subsequent years the anticipated annual cost will be based upon an actuarial analysis of the membership census and consideration of the number of firefighters who earned 50 Length of Service Points. It is anticipated that the annual estimated cost per participant will range between $2,600.00 and $2,700.00 each year, for a total annual cost of $143,500.00 in each year, representing approximately a $92.64 and $96.20 per $1,000.00 assessed valuation increase in the real property taxes of the Village, respectively for the first and second year of program administration and with the annual administrative expense of such a program estimated to be approximately $4,300.00. Such program would provide an eligible volunteer firefighter at age 62 with up to 30 years credited service with an anticipated payment of $600.00 per month for 10 years certain and life thereafter and a death benefit before age 62 equal to the rater of (a) $10,000.00 or (b) the actuarial equivalent of the participant's accrued benefit, and such program would provide a total and permanent disability benefit equal to the actuarial equivalent of the participant's accrued benefit, and such program would award service credit for periods of temporary disability resulting from an injury sustained �in a line of duty volunteer firefighter activity. Under such program, benefit payment would commence on January 1, 2020, as participating firefighters and/or their designated beneficiaries become eligible for payment" and, BE IT FURTHR RESOLVED, that a referendum on the service award program shall be held in the Village on Saturday, October 3, 2020, with the polls open between the hours of 9:00 A.M. and 6:00 P.M, at the following locations: Election District No. 1: Village Hall, 28 Beekman Avenue Election District No. 2: Village Hall, 28 Beekman Avenue Election District No. 3: Village Hall, 28 Beekman Avenue Election District No. 4: Village Hall, 28 Beekman Avenue Election District No. 5: Village Hall, 28 Beekman Avenue Election District No, 6: Village Hall, 28 Beekman Avenue Election District No. 7: Village Hall, 28 Beekman Avenue Election District No. 8: Village Hall, 28 Beekman Avenue Election District No. 9: Village Hall, 28 Beekman Avenue Election District No. 10: Village Hall, 28 Beekman Avenue Election District No. 11: The Commons Building, Kendal on Hudson, 1010 Kendal Way Moved: Trustee Gonzalez Seconded: Trustee Leavy Vote: Unanimous ROLL CALL: Mayor Wray, Deputy Mayor Rosenbloom, Trustees Spiro, Scaglione, Gebler, Gonzalez and Leavy: Voted Aye �Meeting Date: Resolution #: 07/14/2020 07/71-A/2020 RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW APPROVING LENGTH OF SERVICE AWARD PROGRAM FOR AMBULANCE CORPS WHEREAS, the safety and protection of the citizens of the Village of Sleepy Hollow ("Village") depend in large part upon the effectiveness of the volunteer members of Sleepy Hollow Volunteer Ambulance Corps; and WHEREAS, the effectiveness of the Sleepy Hollow Volunteer Ambulance Corps requires the recruitment, retention, and proper training of the Village's volunteer Emergency Medical Services ("EMS") personnel; and WHEREAS, the Village's Volunteer Ambulance Corps EMS personnel have exhibited the highest levels of dedication and devotion to the citizenship of the Village and provide exemplary service at great personal sacrifice: and WHEREAS, the Village is eligible to establish a service award program pursuant to Article 11-AAA and Article 11-AAAA of the General Municipal Law of the State of New York; and WHEREAS, the Mayor and the Board of Trustees ("Board of Trustees") of the Village have duly considered and investigated the establishment of a service award program for members of the Sleepy Hollow Volunteer Ambulance Corps; and WHEREAS, the Board of Trustees has determined that the interests of the Village in encouraging individuals to become members of the Sleepy Hollow Volunteer Ambulance Corps and to continue as active members thereof would be promoted through the establishment of a service award program for eligible volunteer EMS personnel; and WHEREAS, the Board of Trustees has solicited proposals from consultants for actuarial and administrative services related to a service award program; and WHEREAS, the Board of Trustees has retained the firm of Hometown Firefighters and EMS Services to provide preliminary actuarial services to assist the Village in consideration of a service award program; and WHEREAS, a defined benefit plan as a service award program could be established for an annual cost estimated at $1,800.00 per participant the first year, and in subsequent years the anticipated annual cost will be based upon an actuarial analysis of the membership census and consideration of the number of eligible volunteer EMS personnel who earned 50 Length of Service Points. It is anticipated that the annual estimated cost �per participant will range between $1,800.00 and $1,900.00 each year, representing approximately a $64.13 and $67.70 per $1,000.00 assessed valuation increase in the real property taxes of the Village, respectively for the first and second year of program administration and with the annual administrative expense of such a program, once established and operating, estimated to be approximately $3,000.00; and WHEREAS, such a program would provide an eligible volunteer EMS personnel retiring with up to 30 years of credited service with an annuity in the amount of $600.00 per month for his life with 120 payments guaranteed; and WHEREAS, such a program would provide for an active service survivor's benefit for participants who have not yet attained the age of 62 on the Effective Date of the Plan equal to the greater of (a) $10,000.00 for death during the course of service as a volunteer while actively engaged in providing line of duty services as defined in Volunteer Ambulance Workers Benefit Law or (b) the actuarial equivalent of the participant's accrued benefit and provide for an active service survivor's benefit for all other participants equal to the actuarial equivalent of the participant's accrued benefit; and WHEREAS, such a program would provide for an active service disability benefit equal to the actuarial equivalent of the participant's accrued benefit; NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Village agrees to establish a service award program for volunteer members of the Sleepy Hollow Volunteer Ambulance Corps as of January 1, 2020; and BE IT FURTHER RESOLVED that the program shall consist of a defined benefit plan with investment, actuarial, and administrative services to be provided by such contractors as shall be retained on behalf of the Village; and BE IT FURTHER RESOLVED, that the Village shall administer the service award program; and BE IT FURTHER RESOLVED that the Mayor shall be and he hereby is authorized to execute such contracts on behalf of the Village as he deems necessary and appropriate to accomplish the foregoing; and BE IT FURTHER RESOLVED that the Village Administrator be and hereby is designated as the Service Award Program Administrator authorized to meet with those individuals and organizations he deems appropriate in furtherance of these resolutions and to make appropriate recommendations to the Board of Trustees regarding aspects of the award program which are, by law, obligations of the program sponsor; and BE IT FURTHER RESOLVED, that the activities for which points shall be granted toward a year of service are those set forth in Section 217-m(3) of the General Municipal �Law of the State of New York, provided, however that no points shall be granted for service prior to the effective date of the program on January 1, 2020; and BE IT FURTHER RESOLVED, that the program shall provide for contributions for EMS services rendered by a participant for 5 years prior to its effective date, and the timing and method of financing such contributions shall be $528.58 per participant per year for 10 years; and BE IT FURTHER RESOLVED that the Village Clerk be and he hereby is authorized to take all action necessary to lawfully submit this resolution for the approval or disapproval of the qualified electors of the Village of Sleepy Hollow on Saturday, October 3, 2020, between the hours of 9:00 A.M. and 6:00 P.M.; and BE IT FURTHER RESOLVED that the first proposition to be voted upon shall read as follows: The following is an abstract of a resolution duly adopted by the Board of Trustees of the Village of Sleepy Hollow at their meeting held on July 14, 2020, setting a vote by the public on Saturday, October 3, 2020, between the hours of 9:00 A.M. and 6:00 P.M. in accordance with law: Shall the qualified electors of the Village approve the resolution adopted by the Mayor and Board of Trustees on July 14, 2020, to establish a service award program to be administered by the Village for the volunteer members of the Sleepy Hollow Volunteer Ambulance Corps as of January 1,2020? Such program would consist of a defined benefit plan as a service award which could be established for an annual cost estimated at $1,800.00 per participant the first year, and in subsequent years the anticipated annual cost will be based upon an actuarial analysis of the membership census and consideration of the number of eligible volunteer EMS personnel who earned 50 Length of Service Points. It is anticipated that the annual estimated cost per participant will range between $1,800.00 and $1,900.00 each year, for a total annual cost of $49,200.00 in each year, representing approximately a $64.13 and $67.70 per $1,000.00 assessed valuation increase in the real property taxes of the Village, respectively for the first and second year of program administration and with the annual administrative expense of such a program estimated to be approximately $3,000.00. Such program would provide an eligible volunteer EMS personnel at age 62 with up to 30 years credited service with an anticipated payment of $600.00 per month for 10 years certain and life thereafter and a death benefit before age 62 equal to the greater of (a) $10,000.00 or (b) the actuarial equivalent of the participant's accrued benefit, and such program would provide a total and permanent disability benefit equal to the actuarial equivalent of the participant's accrued benefit, and such program would award service credit for periods of temporary disability resulting from �an injury sustained in a line of duty volunteer EMS activity. Under such program, benefit payment would commence on January 1, 2020, as participating EMS personnel and/or their designated beneficiaries become eligible for payment, and BE IT FURTHER RESOLVED, that a referendum on the service award program shall be held in the Village on Saturday, October 3, 2020, with the polls open between the hours of 9:00 A.M. and 9:00 P.M., at the following locations: Election District No. 1: Village Hall, 28 Beekman Avenue Election District No. 2: Village Hall, 28 Beekman Avenue Election District No. 3: Village Hall, 28 Beekman Avenue Election District No. 4: Village Hall, 28 Beekman Avenue Election District No. 5: Village Hall, 28 Beekman Avenue Election District No. 6: Village Hall, 28 Beekman Avenue Election District NO. 7: Village Hall, 28 Beekman Avenue Election District No. 8: Village Hall, 28 Beekman Avenue Election District No. 9: Village Hall, 28 Beekman Avenue Election District No. 10: Village Hall, 28 Beekman Avenue Election District No. 11: The Commons Building, Kendal on Hudson, 1010 Kendal Way Moved: Deputy Mayor Rosenbloom Unanimous Seconded: Trustee Gonzalez Vote: ROLL CALL: Mayor Wray, Deputy Mayor Rosenbloom, Trustees Spiro, Scaglione, Gebler, Gonzalez and Leavy: Voted Aye �Meeting Date: 07/14/2020 Resolution #: 07/71-A/2020 RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW REIMBURSING POLICE OFFICER Whereas, Police Officer Kevin Moya has enrolled in the Public Administration Masters program at John Jay College, and Whereas, Pursuant to article 12 of the Collective Bargaining Agreement, he would be entitled to a tuition reimbursement up to $12,000 per year, upon completion of class where a C+ or better has been achieved, and Whereas, Police Officer Kevin Moya attended this class on his own time, no overtime was occurred by him, or any other officer. Now Therefore Be It Resolved, that the Board of Trustees of the Village of Sleepy Hollow approves the reimbursement of Police Officer Kevin Moya's program in the amount of $1,787.50 Moved: Trustee Scaglione {00893715.docx.} Seconded: Trustee Spiro Vote: Unanimous �MEMORANDUM To: Anthony Giaccio; Village Administrator From: Chief Anthony Bueti Date: July 7,2020 Re: Tuition reimbursement Police Officer Kevin Moya has enrolled in the Public Administration Masters program at John Jay College. Pursuint to article 12 of the Collective Bargaining Agreement, he would be entitled to a tuition reimbursement upon completion of class where a C • or better has been achieved. This is the first time in several years that an officer as taken this opportunity describe in article 12, which allows for up to 12 thousand dollars per year for education and training. Police Officer Moya attended this class on his own time, no overtime was occurred by him, or any other officer. Anthony Bueti Chief of Police �Meeting Date: 07/14/2020 Resolution #: 07/71-A/2020 RESOLUTION OF THE BOARD OF TRUSTEES OF SLEEPY HOLLOW ON SECOND AMENDMENT TO VERIZON LEASE WHEREAS, the Village entered into a Lease Agreement with New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon") dated October 24, 2002, for installation of equipment on the roof of Village Hall; and WHEREAS, the Village authorized a First Amendment to that Lease Agreement by Resolution No. 08/111/2016 adopted August 9, 2016; and WHEREAS, Verizon has approached the Village about a Second Amendment to that Lease Agreement to provide for the installation of replacement antenna and related improvements among other things; NOW THEREFORE BE IT RESOLVED, that either of the Mayor or the Village Administrator is authorized to execute the attached Second Amendment to Lease Agreement between the Village of Sleepy Hollow and Verizon; and be it further RESOLVED, that the Mayor and/or the Village Administrator is authorized to make and accept amendments and revisions to that Second Amendment so long as the same either are not material or are not contrary to the Village's interests or responsibilities and in either case are acceptable in form and substance to the Village Attorney. Moved: Trustee Spiro Seconded: Trustee Scaglione Vote: Unanimous �D-\S SD AT A\ WPD ATA\SS4\ WP\NE WB ANM\SCOTT\NorthTairyto wnV il lageHa! 1-28 BcckmanVLcase. F fN. wpd Site Name: NY-North Tarrvtown Project Code: LEASE AGREEMENT This Agreement, made this<^{ day of , 2002, between VILLAGE OF SLEEPY HOLLOW, with an office located at 28 Beekman Avenue, Sleepy Hollow, New York 10591, hereinafter designated LESSOR and NEW YORK SMSA LIMITED PARTNERSHIP, d/b/a Verizon Wireless, a New York limited partnership, with its principal offices at Verizon Wireless, 180 Washington Valley Road, Bedminster, New Jersey 07921, hereinafter designated LESSEE. WITNESSETH In consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties hereto agree as follows: 1. PREMISES, LESSOR is the owner of the property located at Sleepy Hollow Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York, and shown on the tax map of the Village of Sleepy Hollow as Section 16, Block 7, Lot 9 and the building (the "Building") and improvements thereon (hereinafter collectively referred to as the "Property"). LESSOR hereby leases to LESSEE approximately 400 square feet of that certain space on the roof of the Building, which space is shown on Exhibit "A" attached hereto and made a part hereof ("Equipment Space"), that area on the roof of the Building, which roof space is generally depicted on Exhibit "A" attached hereto and made a part hereof ("Roof Space"), and that area where LESSEE'S conduit, wires, cables, cable trays and other necessary connections (hereinafter collectively referred to as "Connections") are located to operate LESSEE'S equipment in the Equipment Space and antennas on the Roof Space. LESSOR agrees that LESSEE shall have the right to install antennas on the Roof Space as shown on the Exhibit attached hereto, equipment, cabinets and shelter in the Equipment Space, Connections between LESSEE'S equipment in the Equipment Space and antennas on the Roof Space and any other improvements. LESSOR agrees that LESSEE shall have access ("Access") to the Property twenty-four (24) hours per day, seven (7) days per week during the continuation of this Lease and any extensions thereof, for the purpose of installing, maintaining and operating LESSEE'S antennas, equipment and Connections. In the event that LESSEE needs Access to the Premises during business hours (MondayFriday, 9 a.m. to 5 p.m.), then LESSEE shall use reasonable efforts to provide telephonic notice to the Building Department at 914-366-5100. In the event that LESSEE needs Access to the Premises at all other times, then LESSEE shall provide telephonic notice to LESSOR'S police department at 914-631-0800 and the police department shall provide Access within one hour after LESSEE'S telephonic request. The Equipment Space, Roof Space and location of Connections are hereinafter referred to collectively as the "Premises". LESSOR also grants to the LESSEE the right to install in the Premises telephone, electrical, air conditioning, sprinkler, alarming and other systems, including a generator, as may be, in the LESSEE'S sole discretion, necessary or desirable to operate and maintain LESSEE'S antennas and equipment. LESSEE shall pay the cost of installing and maintaining the foregoing improvements and systems and the cost of LESSEE'S on-going usage of the foregoing services. In the event that LESSEE'S power requirements exceed the Property's existing capacity or power distribution, LESSEE may, at its option, (i) terminate this Lease or (ii) at LESSEE'S expense, increase the capacity of such system to meet LESSEE'S needs. In connection with the installation, maintenance and operation of the antennas on the Roof Space and LESSEE'S equipment in the Equipment Space, LESSOR grants LESSEE access to electric power and telephone lines, together with any other necessary connecting appurtenances. Verizon New York Inc. or any other utility provider shall have 1 �the right to install its equipment or any other improvements in the Building it requires to service LESSEE'S installation at the Premises, and LESSOR shall execute any documents such utility provider requires in connection with same. 2. lEEMi This Agreement shall be effective as of the date first above written; provided, however, the initial teim shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments for the initial term will be due at an annual rental of Twenty Five Thousand Dollars ($25,000.00) for the first two (2) years and then rent for each of the remaining three (3) years of the initial term shall be One Hundred Three percent (103%) of the rent that was in effect during the previous year, as set forth in Schedule 1 attached hereto and made a part hereof. All rental due under this Agreement shall be paid in equal monthly installments on the first day of the month, in advance, to LESSOR at the address written above or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. The Commencement Date is defined as the first (1st) day of the month following the date this Agreement is executed by all parties or the first (1st) day of the month following the date LESSEE is granted a building permit, certificate, license and any other approvals that are necessary or desirable for the installation and operation ofthe antennas and equipment for LESSEE'S use of the Premises in accordance with the provisions herein by the governmental agency charged with issuing such approvals, whichever event occurs last. Notwithstanding anything stated to the contrary in this Agreement, LESSOR acknowledges that LESSEE shall not be required to survey the Property for any reason. 3. ELECTRICAL. If permitted by the local utility company servicing the Property, LESSEE shall furnish and install its own direct meter for electricity. Otherwise, LESSEE shall install an electrical submeter at the Property for the measurement of electrical power used by LESSEE'S installation. LESSEE will pay LESSOR for its own power consumption used at the rates charged to LESSOR by the public utility companies thirty (30) days after receipt of an invoice and supporting documentation from LESSOR indicating the actual usage amount and rates. 4. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year terms unless the LESSEE terminates it at the end of the then current term by giving the LESSOR written notice of the intent to terminate at least thirty (30) days prior to the end of the then current term. 5 - EXTENSION RENTALS. After the initial term, the rent for each year of any extension term shall increase to One Hundred Three Percent (103%) of the rent that was in effect during the previous year, as set forth in Schedule 1 attached hereto and made a part hereof. 6 - ADDITIONAL EXTENSIONS. Ifat the end ofthe fourth (4th)five(5) year extension term, this Agreement has not been terminated by either party by giving to the other written notice of an intention' to terminate it at least three (3) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and forfive(5) year teims thereafter until terminated by either party by giving to the other written notice of its intention to so terminate at least three (3) months prior to the end of such term. Rental for each year of such further term shall be equal to One Hundred Three percent (103%) ofthe rent paid for the immediately preceding year, payable in equal monthly installments. 7 ; USE; GOVERNMENTAL A P P R O V A L S LESSEE shall use the Premises for the puipose of constructing, maintaining and operating a communications facility and uses incidental thereto. All improvements shall be at LESSEE'S expense and the installation of all improvements shall be at the discretion and option ofthe LESSEE. LESSEE shall have the right to alter, improve, change, replace, 2 �remove, withdraw, supplement, extend and make substitutions for LESSEE'S antennas, equipment and other facilities with LESSOR'S consent, which shall not be unreasonably withheld or delayed; provided, however, no consent shall be required in connection with (i) any like-kind exchanges or (ii) any modifications to LESSEE'S installation which do not increase the square footage of same, or (iii) or any alterations, improvements, changes, replacements, and substitutions within LESSEE'S Equipment Space that do not materially affect or alter the appearance of the Premises. LESSEE shall use reasonable efforts to notify the LESSOR of any change to its installation. LESSEE will maintain the Premises in a reasonable condition, reasonable wear and tear and casualty excepted. LESSOR will maintain the Property, excluding the Premises, in reasonable condition, reasonable wear and tear and casualty excepted. It is understood and agreed that LESSEE'S ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement a satisfactory building structural and environmental analyses, if LESSEE so requires, and all of the certificates, permits, licenses and other approvals (collectively, the "Governmental Approvals") that may be required by any Federal, State or Local authorities which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that the structural or environmental analysis is unsatisfactory to LESSEE, or any of such applications for such Governmental Approvals should be finally rejected or LESSEE determines that such Governmental Approvals may not be obtained in a timely manner, or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority or that the LESSEE determines that the site is no longer technically compatible for its use or that LESSEE, in its sole discretion, will be unable to use the Premises for its intended purposes, LESSEE shall have the right to terminate this Agreement. Notice of the LESSEE'S exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by the LESSEE. Ail rentals paid to said termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall become null and void and the Parties shall have no further obligations including the payment of money to each other, except as otherwise expressly provided herein . 8. INDEMNIFICATION. Each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the use and occupancy of the Premises or the space of which the Premises is a part, by the Party, its servants or agents, excepting, however, such claims or damages as may be due to or caused by the acts of the other Party, or its servants or agents. 9. INSURANCE. A. LESSOR and LESSEE each agree thatat its own cost and expense, each will maintain $3,000,000 combined single limit for bodily injury and property damage. LESSOR agrees that LESSEE may self insure against any loss or damage which could be covered by a comprehensive general public liability insurance policy. B. Prior to commencing work, LESSEE'S contractor shall obtain at its own cost and expense the required insurance from insurance companies license in the State of New York, carrying a Best financial rating of A(A minus) or better, and shall provide evidence of such insurance to the LESSOR. The certificates of insurance shall provide that thirty (30) days prior to any cancellation in the insurance policy to LESSEE by registered mail, return receipt requested for all of the following stated insurance policies. All notices shall name the Contractor and identify the Agreement. In the event that claims, for which the LESSOR may be liable, in excess of the insured amounts provided herein are filed by reason of any construction under this Agreement, the amount of excess of such claims or any portion thereof may be withheld from payment due or to become due the Contractor until such time 3 �as Contractor shall furnish such additional security covering such claims in a form reasonably satisfactory to LESSOR. 1. The Contractor shall provide proof of the following insurance coverage: (A) Workers Compensation Certification C-105.2 or State Fund Insurance Company Form U26.3 or accord certificate is required for proof of compliance for the New York State Workers Compensation State Worker's Compensation Board form DB-120 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" If the employer is self-insured for Worker's Compensation, he should present a certificate from the New York State Worker's Compensation Board evidencing that fact. (B) Employer Liability Insurance with a minimum limit of $ 100,000. (C) General Liability Insurance with a minimum limit of liability per occurrence of $ 1,000,000 for bodily injury and $ 1,000,000 for property damage or a combined single limit of $2,000,000. The General Liability Insurance policy shall name the Village of Sleepy Hollow, as an additional insured. This insurance shall indicate on the certificate of insurance the following coverages. (i) (ii) (iii) (iv) Premises-Operations Broad Form Contractual Independent Contractor and Sub-Contractor Products and Completed Operations All contracts involving the use of explosives and demolition shall provide the above coverage with elimination of the XCU exclusion from the policy, or proof that XCU is covered. 10. INTERFERENCE. LESSOR hereby grants to LESSEE, as a primary inducement to LESSEE'S entering into this Agreement, the first priority right to install its antennas and operate its wireless communications facility at the Building. From time to time LESSOR may grant to other entities the right to operate wireless communications facilities at the Building and/or the right to install antennas in connection with the operation of such facilities or other communications facilities; provided, however, that LESSOR shall not allow the operation of such facilities and antennas by other tenants or occupants to interfere with the operation of Lessee's antennas and equipment as it exists at the time of such other tenant's or occupant's installation or as it may be modified at any time during the term of this Agreement, as the same may be extended. In the event any such LESSOR'S, tenants' or occupants' equipment causes such interference, LESSOR will see that the party causing the interference will take all steps necessary to correct and eliminate the interference and in the event such interference is not eliminated within thirty (30) days, LESSEE shall have the right, in addition to its rights available at law or in equity, to terminate this Agreement by giving LESSOR ten (10) days notice of its election to terminate. Notwithstanding the foregoing, LESSEE agrees that it shall not interfere with LESSOR'S antennas on the roof of the Building as shown on Exhibit A and noted as remaining and further agrees that it is aware of the nature of the activities with respect to such antennas currently undertaken at the Property and acknowledges that these activities do not constitute an interference as of the date of this Agreement. In the event of any interference with such antennas, LESSOR shall notify LESSEE and LESSEE shall take all steps to correct such interference. 4 �1 I. REMOVAL UPON TERMINATION. LESSEE, upon termination of the Agreement, shall, within ninety (90) days, remove its equipment, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear excepted. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal property of the LESSEE shall remain the personal property of the LESSEE and the LESSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. If such time for removal causes LESSEE to remain in the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the antenna structure, fixtures and all personal property arc completed. Any claims relating to the condition of the Premises must be presented by LESSOR in writing to LESSEE within one hundred twenty (120) days after the termination or expiration of this Lease or LESSOR shall be deemed to have irrevocably waived any and all such claims. 12. RIGHTS UPON SALE Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to this Agreement and LESSEE'S rights hereunder. 13. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing covenants shall peaceably and quietly have, hold and enjoy the Premises. 14. TITLE. LESSOR represents and covenants that LESSOR is seized of good and sufficient title and interest to the Property, has full authority to enter into and execute this Agreement, and has taken all necessary action under its by-laws or other relevant documentation to approve this Agreement and has authorized the signatories to sign same. LESSOR further represents and covenants that there are no other liens, judgments or impediments of title on the Property, or affecting LESSOR'S title to the same and that there are no covenants, easements or restrictions or violations (including, without limitation, electrical violations) which prevent or impede the use of the Property by the LESSEE as set forth above. Furthermore, the Property is not designated a landmark or in a landmark district and has never been used or permitted to be used for the generation, storage or transfer of or other activity related to any pollutants or hazardous or toxic substances, materials or wastes (collectively, the "Hazardous Materials"), and has never been on any list of a governmental authority requiring clean-up or closure because of contamination by any Hazardous Materials. 15. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not effect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 16. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of New York. 17. ASSIGNMENT This Agreement may be sold, assigned or transferred by the LESSEE without any prior approval or consent of the LESSOR to the LESSEE'S principal, affiliates, 5 �subsidiaries of its principal, or to any entity which is the successor to LESSEE by reason of a merger, acquisition or other business reorganization, or to any entity which purchases all or substantially all of LESSEE*s assets in the market as designated by the Federal Communications Commission in which the Property is located. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld or delayed. 18. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 Attn: Village Administrator LESSEE: New York SMSA Limited Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted above. 19. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto. 20. SUBORDINATION AND NON-DISTURBANCE. LESSORrepresentsand warrants that the Property is not encumbered by a mortgage or other security interest as of the date hereof. At LESSOR'S option, this Agreement shall be subordinate to any mortgage or other security interest by LESSOR which from time to time may encumber all or part of the Property or right-of-way; provided, however, every such mortgage or security interest shall recognize the validity of this Agreement in the event of a foreclosure of LESSOR'S interest and also LESSEE'S right to remain in occupancy of and have access to the Property as long as LESSEE is not in default of this Agreement. LESSEE shall execute whatever instruments may reasonably be required to evidence this subordination clause. In the event that in the future LESSOR places a mortgage or other security interest on the Property and the LESSOR defaults in the payment and/or other performance of any mortgage or other security interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR'S default and upon doing so, LESSEE shall be subrogated to any and all rights, title, liens and equities of the holders of such mortgage or security interest and the LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 21. RECORDING. LESSOR agrees to execute a Memorandum of this Lease Agreement which LESSEE may record with the appropriate Recording Officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either term or rent 6 �payments. 22. DEFAULT. In the event there is a default by the LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, the LESSOR shall give LESSEE written notice of such default. After receipt of such written notice, the LESSEE shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any nonmonetary default, provided the LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The LESSOR may not maintain any action or effect any remedies for default against the LESSEE unless and until the LESSEE has failed to cure the same within the time periods provided in this Paragraph. In addition, except in an emergency, neither party will cure any alleged default by the other until after the expiration of the time to cure such default as provided hereinabove, with respect to LESSEE or after thirty (30) days, with respect to LESSOR; provided that such period shall be extended if the nature of the cure is such that it reasonably requires more than thirty (30) days and the LESSOR commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. If either party shall cure the default of the other pursuant to the foregoing, then such party shall submit a bill for the reasonable cost of effecting such cure on the other party's behalf and same shall be paid promptly upon receipt. 23. ENVIRONMENTAL. a. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the activities of the LESSEE. Upon LESSEE'S request, LESSOR, as owner of the Property, shall execute any waste manifests for asbestos or any materials requiring special handling which must be removed in connection with LESSEE'S installation at the Property. LESSOR shall identify itself in such manifests as generator of such materials and maintain any necessary records and file any necessary reports in connection therewith. b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at its sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by the LESSEE. c. LESSEE will be responsible for ail obligations of compliance with any and atl environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Premises, unless such conditions or concerns are caused by the activities of the LESSOR or were in existence prior to LESSEE'S installation at the Premises. 7 �d. LESSEE shall hold LESSOR harmless and indemnify LESSOR from and assume all duties, responsibility and liability at its sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, tosses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Premises or activities conducted thereon, unless such environmental conditions are caused by the LESSOR, or were in existence prior to LESSEE'S installation at the Premises. 24. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE'S operations at the Premises for more than forty-five (45) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Lease upon fifteen (15) days written notice to LESSOR. Any such notice of termination shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment, as of such tennination date, with respect to payments due to the other under this Lease. Notwithstanding the foregoing, all rental shall abate during the period of suchfireor other casualty. 25. CONDEMNATION In the event of any condemnation of the Property, LESSEE may terminate this Lease upon fifteen (15) days written notice to LESSOR if such condemnation may reasonably be expected to disrupt LESSEE'S operations at the Premises for more than forty-five (45) days. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Lease. 26. BROKER LESSOR and LESSEE represent to each other that they have not negotiated with any broker or agent in connection with this Lease. LESSOR and LESSEE agree that should any claim be made against the other for a broker's commission, finder's fee or the like by reason of the acts of such party, the party upon whose acts such claim is predicated shall indemnify and hold the other party free and harmless from all losses, costs, damages, claims, liabilities and expenses in connection therewith (including, but not limited to, reasonable legal fees) and shall defend such action by counsel reasonably acceptable to the indemnified other party. 27. SUBMISSION OF LEASE. The submission of this Lease for examination does not constitute an offer to lease the Premises and this Lease becomes effective only upon the full execution of this Lease by the parties hereto. Each of the parties hereto warrants to the other that the person or persons executing this Lease on behalf of such party has the full right, power and authority to enter into and execute this Lease on such party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Lease. 28. APPLICABLE LAWS. LESSEE shall use the Premises as may be required or as permitted by applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance with all 8 �applicable laws, rules and regulations and agrees to reasonably cooperate with the LESSEE regarding any compliance required by the LESSEE in respect to its use of the Premises. 29. MISCELLANEOUS. LESSOR agrees to use its best efforts to minimize any inconvenience, possible loss or expense to LESSEE and to give LESSEE notice of any repairs, alterations, additions or improvements to be made with respect to the maintenance and operation of the Building and the Premises, or of any planned shut downs associated with the Building for scheduled or routine maintenance, that might adversely affect LESSEE'S operations at the Premises and shall cooperate with same, and in the event of emergency repairs, LESSOR shall give LESSEE telephonic notice at 1-800-8522671. The parties acknowledge that each has had an opportunity to review and negotiate this Lease and have executed this Lease only after such review and negotiation. The parties further agree that this Lease shall be deemed to have been drafted by both LESSOR and LESSEE and the terms and conditions contained herein shall not be construed any more strictly against one party or the other. 30. SURVIVAL. The provisions of the Agreement relating to indemnification from one party to the other party shall survive any termination or expiration ofthis Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive termination or expiration. 31. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSEE: NEW YORK SMSA LIMITED PARTNERSHIP d/b/a Verizon Wireless BY: Cellco Partneohip, its managing general partner BY p ['P Richald J. Lynch 9 �YEAR ANNUAL RENTAL AMOUNT 1 1 $25,000.00 2 $25,000.00 3 $25,750.00 4 $26,522.50 5 $27,318.17 6 $28,137.72 7 $28,981.85 8 $29,851.30 9 $30,746.84 10 $31,669.25 It $32,619.32 12 $33,597.90 13 $34,605.84 14 $35,644.01 15 $36,713.33 16 $37,814.73 17 $38,949.18 18 $40,117.65 19 $41,321.18 20 $42,560.81 21 $43,837.64 22 $45,152.77 23 $46,507.35 24 $47,902.57 25 Villudtell.Sdinlulel wnd l All rent shall be paid in equal monthly installments. 1 $49,339.65 — •• �n y* o »"0 m tn m 53 SBO si m on 5^ 2S <A PIT) oaJ e g z 2 >Qm o rn t/> </) H OO grojyj S g g x isl gggS CO =30 OQO > H2MGROUP e mm «««on ramkm acmvxre M *U. Ml nui TOTWM. cum LEASE EXHIBIT ivcvws SLEEPY HOLLOW MUNICIPAL BUILDING K4. •OBI tn. ttUMHt kUD i TO 0210 M H O 1/17/01 SJ P 32 ^ m"Z> 03 w %og > > H Ooo S 1 zz • M3 1 t" tn C> / oo tn tn 8 " c/5 T) Os �Exhibit "A" �Exhibit "Aw in. 3 of 5 5 - 6 " TOP ANTENNAS 5 3 - 6 " RAO CENTER ANTENNAS •H2A4GROUP SLEEPY HOLLOW MUNICIPAL BUILDING LEASE EXHIBIT usat tMMliiMt on* i/tj/ta LE-3 �Exhibit "A" IP' H2MGROUP OMMBM weit, It* NMMHB1S HAMMM MWIWH MIWlM MUM, H4 m m • SLEEPY HOLLOW MUNICIPAL BUILDING LEASE EXHIBIT � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2020-07-14_RES-69-73 Subject The topic of the resource Board of Trustees Minutes-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text