WHITE PLAINS CITIZENETREPORTER SETS RECORD VISITS FOR YEAR 7,017,658 VISITS! 2,098,003 VISITORS MADE 6 VISITS A DAY EVERY DAY. 63,330 UNIQUE VISITORS MADE 133,730 VISITS IN DECEMBER. WPCNR AVERAGED 17,284 VISITORS A WEEK, VISITING 31,270 TIMES.

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WPCNR SCHOOL DAYS. October 31, 2006 UPDATED NOV 1, 2006: Rick Tompkins, a member of the White Plains Board of Education announced his resignation from the Board via a letter sent to the Board. Mr. Tompkins reported growing professional and personal responsibilities as the reason for his resignation. 

 

Superintendent of Schools Timothy Connors told WPCNR Wednesday morning that the Board of Education has decided to leave Mr. Tompkins’ seat open until the May elections. 

 

The next School Board Elections will be held in May 2007.  Mr. Tompkins former seat and the position held by Michelle Trataros, Board President will be contested. Persons interested in running for the Board of Education should contact Michele Schoenfeld, Clerk to the Board of Education for information about when petitions will be available to file to run for the seats, and eligibility requirements. 

 

Tompkins was elected to the Board of Education in May, 2004, and has served 27 months. Remaining members of the Board of Education are William Pollak, Peter Bassano, Michelle Trataros, Donna McLaughlin, Rosmarie Eller, and Terry McGuire.

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WPCNR MAIN STREET JOURNAL. October 30. 2006: WPCNR has learned  from the Mayor’s Office and an independent audit effort, that the city stands to collect $4.6 Million in mortgage taxes from Westchester County, adding to the city coffers, perhaps as early as December. An independent inquiry by a private citizen at the request of the City of White Plains has revealed that over the last 9-1/2 months the county has collected $4.6 Million in mortgage taxes on closings of real estate sales in the cities.

 

The audit came about as a result of a city finance and budget committee in which Mayor Joseph Delfino and Commissioner of Finance, Gina Cuneo-Harwood reported to the members of the committee that previously the County Clerk Office which collects and records the mortgage tax has lagged behind in recording the taxes, and sat onthe money, enjoying the “float” of interest the money belonging to the city has earned. Harwood said the county pays the city once a year, apparently earing a year of interest on what Harwood called was city money. Harwood at the time revealed she did not have an exact idea of how much mortgage tax the city was owed.

An independent audit conducted by Don Hughes with the County Clerk’s office, at city request, has revealed that over the last nine months, the county clerk’s office calculates $4.6 Million is owed the city as follows:

                                                                2006 Mortgage Taxes Due City

                                     Source: County Clerk Office, as Reported to Don Hughes

January: $202,000

February: $347,000

March:    $282,000

April:      $284,000

May:      $593,000

June:      $429,000

July:       $938,000

August:  $411,000

September:  $424,000

October (through the 19th): $684,000

TOTAL MORTGAGE TAXES OWED CITY OF WHITE PLAINS, 2006: $4,594,000

Ms. Harwood said at the last Budget and Finance Committee meeting that the city had asked the County to pay the mortgage taxes twice a year, not once, so the city could get its money sooner. However, Harwood was informed that the county preferred to keep it to once a year, because, according to Harwood, they wanted to keep the interest they earn from the “float.”

Harwood said that legislation from the state signed by Governor Pataki recently freed up the counties to pay back mortgage taxes more than once a year, but the decision to speed up payments was left to the individual county.

The County Clerk office, according to Don Hughes, who compiled this data on the mortgage tax, has “caught up” with the White Plains mortgage tax pace, but it is unclear when the $4.6 Million plus in funds will be delivered to the city. 

The County Clerk office was contacted by WPCNR to confirm these figures Monday morning and the latest additonal monies in White Plains mortgage taxes owed, and WPCNR awaits their response, and County Clerk Idoni’s policy in regard to whether future mortgage tax payments to White Plains (and the rest of Westchester County cities) will be issued on a more frequent basis.

Leslie Alpert, the media spokesperson for County Clerk Timothy Idoni said the Clerk was out of the office today but would comment on the matter Tuesday.

Paul Wood, City Hall Executive Officer, categorically denied the city had requested Don Hughes to find out the information for the city, and said he did not believe the figures were accurate. Hughes said he had suggested he could go to the County Clerk’s office and find out for the city and Hughes said Wood agreed that would be a good idea.

The windfall in mortgage taxes should help the city’s 2006-07 budget pattern.

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WPCNR PRESS BOX. By John F. Bailey. October 29, 2006 UPDATED WITH MORE PIX 10:05 AM — & BACKGROUND: It was first down White Plains on the Scarsdale 12 with 6 minutes to go in the game, after Paris Young had recovered a fumble at the Scarsdale 12. Matt ran into the line for 2. Ray Mitchell ran for 3 both into-the-line. Then Paul LaBarbera the quarterback pitched back to Mitchell for a sweep, but the Scarsdale line pushed aside the right side blockers to halt Ray for no gain.

 

Paris Young (66) stripping and covering the pigskin to recover a fumble on the Scarsdale 12 to give the Tigers a last chance to win. Photo, WPCNR Sports

 

On 4^th and 6 from the 8, Paul dropped back to pass. The protection broke down and he was sacked before he could get off a throw to the goal line. Scarsdale had held and there was 3:30 to go in the game.

 

Matt Robles finishing off his 38 yard rumble to the Scarsdale 8 at the end of the First Quarter to set up the Tigers’ first touchdown. Two plays earlier Matt had picked off a Scarsdale pass to start the drive. Photo, WPCNR Sports.

 

Colin Reno, who scored all three Raider touchdowns, ripped off a run to the 29 for a first down. After three more plays, running down the clock,  Henry Ross the Scarsdale quarterback pushed ahead for a first down at the 40 and the Raiders ran out the clock to hang on to a 19-14 win at blustery Parker Stadium Sunday afternoon.

 

The Blustery Day: The diehard Football Faithful braved Sunday’s winds at the classic Parker Stadium Bowl Sunday. Photo, WPCNR Sports.

 

Going into the 4^th quarter the Tigers looked beaten, having been unable to stop the Raider’s Reno all day, who ripped off touchdown runs of 62 yards to tie the score 7-7 in the second quarter, and then after White Plains went 4 and out with a very short punt, on the second  play, Reno ran around right end for 50 yards to put Scarsdale ahead 13-7 at the half.

 

The Tiger touchdown was set up in the first quarter when Matt Robles burst off left tackle for 38 yards to the Scarsdale 8. Ray Mitchell carried for 3, then 2 and Robles finished it off with a 1 yard plunge and a 1 yard TD run to give the Tigers a 7-0 advantage. Then Mr. Reno took over the game with his two long TD runs from midfield for the 13-7 halftime lead.

 

Third Quarter Stall.

 

The Tigers drove to the Scarsdale 30 to start the second half, but were stopped on 4^th and 3 when a pass from Paul LaBarbera to  Alex Trataros was broken up on a great tip away from Alex by the defender at the Scarsdale 15. Scarsdale then took over and got moving at 5:18 of the third quarter.

 

The Tigers gave a running play of 9 yards to the Scarsdale 39 when a Tiger pushed the Raider runner Sam Freihofner after the play. 15 yards penalty! A most unfortunate loss of composure which put Scarsdale into Tiger country at the 44 yard line.

 

 Then bingo! A run by Freihofner moved the ball to the Tiger 25. Mr. Reno burst to the 12. The Tigers almost stopped the Raiders, but on 3^rd and 12 from the 15 Henry Ross hit Freihofner for a first down on the White Plains 5. On 3^rd and 6 from the 5, Reno took it in on a sweep for the touchdown just inside the right pilon to make it 19-7 going to the 4^th period.

 

 

Strong First and Fourth Quarters

 

This game was played with a 20 knot wind blowing North North West  across the classic Parker Stadium Bowl. The blustery day played havoc with the passing game with Scarsdale dominating the second and third quarters and White Plains taking over in the first and fourth quarters.

 

White Plains took the kickoff at their 35 and marched to the Scarsdale 25 before a fumble on a snap, a false start, a five yard loss and a holding penalty nullifed a first down on the 15 on a pass to Matt Robles.  a sack pushed the ball back to the White Plains 46 and a fumbled snap to the punter resulted in a 2 yard punt.  White Plains stopped the Raiders when Shawn Edwards recovered a Sam Freihofner fumble at the Tiger 38. After three and out. Scarsdale took over on their own 32 follwed by a Matt Robles pickoff on a first down play which Matt returned to the Scarsdale 48. Matt’s 38 yard run to the Raider eight set up the Tigers first touchdown by Robles on a 4th down and 1 at the goal line on the first play of the second quarter.

 

This was a controversial touchdown. Scarsdale, which shredded the Tiger line most of the day appeared to have stopped Matt inches before the goal. The linesman ruled the nose of the football had broken the plane of the goal for a touchdown. The Raiders threw up their hands in disgust at the call. (Remember the Tiger touchdown that was taken away in the Gorton game when the Tiger QB crossed over the goal line and the ball came out and was ruled a fumble?)

 

One Play Turns around the game. 4 Plays, 13 points.

 

Scarsdale took the following kickoff, starting at their 30. After two plays they were at 3rd and 2 on their own 38. The hand off went to the 5-10 Colin Reno. He appeared stopped at the 40 as the Tigers converged from the sides then he was through and rolling down the middle of the field. And there he went 62 yards right down the middle of the field for the equalizing touchdown just like that. The kick was converted and it was 7-7.  The Tigers went from the mindset of confidence against the Raider line to a state of  uneasiness in one play,  and it affected their play for the next 24 minutes.

 

After three and out, the Raiders got the ball back again at their 48. The quarterback ran for 2. He called Colin Reno’s number again and again Reno burst out of the middle of the line, around right tackle crossed the secondary and raced down the far side line for the go-ahead touchdown. It was a 50 yard overland ramble for a 13-7 lead with 7:33 to go in the half. The Tigers were in shock and awed.

 

Third quarter sluggishness

 

White Plains came back at the beginning of the second half, forcing Scarsdale into a punt and taking the ball at their 48 Ray Mitchell running on a fourth down got a first down on the Raider 37. Paul LaBarbera’s 4th down pass was on target to Alex Trataros for a first down at the 18, but a great play by the Raider defensive back broke up the first down pass and Scarsdale took over. They proceeded, helped by the Tiger push after a whistle to march down 70 yards in 9 plays for their third touchdown at the close of the third quarter. The big play on this drive was a 3rd and 8 from the 18  pass to Freihofner from Henry Ross giving Scarsdale a first down on the Tiger 5. After Shawn Edwards, George Don Pierre and Maurice Thomas had stopped a run on second and goal from the 5, Reno took it outside and dove inside the pilon for the score that made it 19-7 as time expired in the third stanza.

 

 

4th Quarter Penalty, Robles 53 yard Ramble Turns momentum back to the Tigers

 

The Tigers did not have a monoply on unfortunate penalties. Scarsdale had the Tigers stopped on 3rd down on the Tiger 22, needing 8. However a facemask penalty gave the Tigers a second chance. They used it. Labarbera hit Savaungh Greene for a first down on the Tiger 30. On third and 1 on the Tiger 39, Matt Robles exploded up the middle deked two would be tacklers and took off to the far sideline rumbling 53 yards to the Scarsdale 7.

 

 

Shifty Greene seconds after his great touchdown catch to make the score 19-13 midway in the 4th quarter. Photo by WPCNR Sports.

 

Mitchell ran it for 3. Robles for two. On third and goal from the 1, Paul Lababera found Savaungh “Shifty” Greene in the back of the endzone, double-teamed. Shifty leaped high snared it and touched down in bounds for the 6 points. The Tigers were back in business with  7 minutes to go in the football game. Mike Howard added the point and the score was 19-14.

 

Paris Young Takeaway.

 

Scarsdale started from their own 15 after a terrific kickoff and coverage by the Tigers, and on second down, Paris Young gave the Tigers the break. The Tigers got into the Raider backfield and Paris stripped the ball for a fumble recovery giving the Tigers a first down on the Raider 12. But two tries into the line by Robles and a foiled pitch to Mitchell only got the Tigers to the 8 as the Raiders refused to be rattled. Labarbera went back to pass on 4th down from the 8 looking for Greene.

 

Robles to the 8 on First Down on the tying bid. Photo, WPCNR Sports

 

Turned Aside at the 8. Robles again turned aside on second down. Photo, WPCNR Sports

 

The Raiers were coming with everything they had. The protection collapsed and they sacked Labarbera for a loss stopping the bid. Unofficially it was the fourth sack of the day by the Raider line.

 

Scarsdale took over on downs at the eight, and who else, Colin Reno ran them out of trouble. With the Tigers out of timeouts they could not stop the clock.

 

Scarsdale moved to 3-5 on the year. White Plains showing the heart to come back, fell to 2-6. The Tigers will play Mahopack next Friday night at 7 in Mahopac.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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WPCNR EAST SIDE STORY. By John F. Bailey. October 28, 2006 UPDATED 12:15 PM EDT UPDATED 6:10 P.M. EDT: A water main break this morning shut off all water to The Westchester, White Plains posh mall on Bloomingdale Road. According to eyewitnesses, all bathrooms were closed, and The Food Court  closed. Police confirmed there was a water main break.

The Department of Public Works reported they had a crew digging now at the location of the break and that they do not know the cause of the break.( “We won’t know until we get down there,” was the response.) At this time, the DPW said it appears The Westchester is the only location affected because they have not received any calls from any other locations in the area. 

At 6 P.M., the White Plains Department of Public Works reported they were completing their work there to restore the water and “it should be back on tonight.”

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WPCNR FOR THE RECORD. October 27, 2006: Herewith is a copy of the new Memorandum of Understanding delivered to the Common Council Thursday evening. The document has not been accepted by the Common Council, with matters of timetable, terms of reimbursement for expenses, the lease, and a right of first refusal clause under consideration:

MEMORANDUM

OF

UNDERSTANDING

 

This Memorandum of Understanding (“MOU”) is entered into as of this day of,

by and between THE CITY OF WHITE PLAINS, a municipal corporation, having an office and place of business located at 255 Main Street, White Plains, New York 10601 (the “City”) and ROYAL CHARTER PROPERTIES WESTCHESTER, [NC., a New York not-for-profit corporation, having an office or place of business located at 435 East 70th Sheet, New York, New York 10021 (the “ RCPW”),

 

GENERAL

 

RCPW is the owner of approximately 214 acres of land (the “RCPW Site”) in the City. The entire property is situated in the R1-l2.5 zoning district and has received a special permit to use the RCPW Site for “Hospital” purposes as defined in the City’s Zoning Ordinance.

 

Pursuant to this MOU and the terms and conditions contained herein, the City proposes to cause to be subdivided, as a Conservation Development approximately 65.5 acres of the property owned by RCPW (the “Proposed Conservation Development”), with (a) approximately 5.5 acres of the RGPW Site being subdivided and the development rights associated with that parcel, defined herein below as the “Park and Recreation Parcel,” being transferred to the “Residential Parcel”, also defined herein below, pursuant to the City’s conservation development zoning and subdivision regulations, and such area set aside for Park and Recreation purposes (the “Park and Recreation Parcel”) for use by all residents of the City with the rights of access and control by the city described herein below, and (b) a parcel of approximately 60 acres of the RCPW site having frontage on Bryant Avenue, for Residential Purposes (the “Residential Parcel”). The City proposes to undertake the environmental review of the environmental impact of the Proposed Conservation Development in accordance with Section 5.7 of the City’ s Zoning Ordinance and NY State SEQR regulations. Such use of the RCPW Site will require an amendment to RCPWs master plan and special permit pursuant to Section 6.7.5 of the Zoning Ordinance. The Proposed Conservation Development, including the Park and Recreation Parcel and the Residential Parcel, are depicted on the “Conceptual Conservation Development Plan”, annexed hereto as Exhibit A for illustration purposes only. Exhibit Al will consist of a conventional subdivision plan and Exhibit A2 will be a proposed Conservation Development Plan. Exhibits Al and A2 shall be finalized by the parties, subject to such modifications as may be made during the environmental, subdivision and special permit processes.

 

TERMS OF AGREEMENT

 

I – The City shall prepare, at its cost and expense, and submit to all appropriate governmental agencies, including but not limited to the White Plains Planning Board (“Planning Board”), an application for subdivision of the approximately 214 acres of land owned by RCPW, including the subdivision of the Residential Parcel and the Park and Recreation Parcel generally as shown on the Conceptual Conservation Development Plan. The Conceptual Conservation Development Plan shall be used for Informal Review pursuant to Section 5.7.4.1 of the Zoning Ordinance and to establish the lot count for the Conservation Development. This paragraph is made subject to paragraph 3 herein below. The City shall be the applicant for the subdivision and environmental approval of the Proposed Conservation Development. When mutually deemed ready for submission to start the subdivision process, the proposed plan for the proposed Conservation Development shall be submitted to RCPW, which shall, within forty-five (45) days thereafter, review and comment on such plan.

 

2. Upon final agreement of the parties on the proposed Conservation Subdivision Development, RCPW shall submit to the Common Council an application to amend the special permit issued to RCPW and to amend RCPW’s Master Plan, which is a part of the special permit, to remove the portion of the property subject to the proposed Conservation Development from the Hospital use special permit, such action by the Common Council being made subject to the granting final conservation subdivision plat approval for the proposed Conservation Development, and authorize the use of the Residential Parcel for residential purposes and the use of the Park and Recreation Parcel for park and recreational purposes upon granting of final conservation subdivision plat approval.

 

3. The City shall, subject to RCPW’s approval, which shall not be unreasonably withheld or delayed, retain all consultants (including approved land use counsel) it deems reasonable and/or necessary to pursue the Proposed Conservation Subdivision, shall prepare, or cause to be prepared, all drawings, studies, plans, reports and documents, and shall pay for all costs necessary and required to obtain environmental and other approvals for the Proposed Conservation Subdivision. ,Attached hereto as Exhibit C is the agreed-upon budget for the costs of the review process for the proposed Conservation Development (the “Approved Budget”). The Approved Budget may be amended from time to time by ants upon the agreement between the parties. RCPW shall not be obligated to reimburse the City (as such reimbursement may be effected as described in this paragraph 3) its allocable portion of any expenditures that exceed the amounts set forth in the Approved Budget. In the event the City desires to amend any application, plan, sketch or drawing in connection with the Proposed Conservation Subdivision, such amendment shall not be made, submitted or filed without the prior approval of RCPW, which approval shall not be unseasonably withheld. Each party shall be responsible for their own attorney’s fees in connection with (a) any legal proceedings or challenges of such approvals or (b) any requests by such party for services not directly related to the purpose for which land use counsel has been retained, as described in the first sentence of this paragraph 3. The parties hereto shall develop a fair and equitable distribution or allocation of the reasonable third party costs associated with the Residential Parcel, consistent with the Approved Budget, and, upon the granting of fmal approval of the Proposed Conservation Subdivision plat and related environmental review, and after any and all challenges to such approvals have been exhausted (resulting in a non-appealable fmal order or judgement) or the time within which a challenge must be made has expired, RCPW shall reimburse the City for those costs allocable to the Residential Parcel. The City shall be responsible for such costs allocable to the Park and Recreation Parcel. RCPW shall reimburse the City for such costs attributable to the Residential Parcel by conveying to the City additional land adjacent to the Park and Recreation Parcel of equal value in the area (or portion thereof) so designated in Exhibit A2, unless the parties mutually determine that such reimbursement shall be made by cash payment. If RCPW terminates this Agreement without good cause or ceases to proceed in good faith with its efforts to secure necessary governmental and land use approvals for the Proposed Conservation Development in accordance with this MOU, it shall reimburse to the City, in a timely manner, all reasonable costs (consistent with the Approved Budget) expended by the City in obtaining the environmental and all other approvals for the proposed Conservation Subdivision, by cash payment. No such reimbursement shall be required in the event RCPW exercises its rights under paragraph 9 herein.

 

4. RCPW agrees that upon the granting of final approval of the Proposed Conservation Subdivision plat and related environmental review, and after any and all challenges to such approvals have been exhausted or the time within which a challenge must be made has expired, it shall grant to the City, by written instrument, the undisturbed right to use, occupy, develop and maintain the Park and  Recreation Parcel for a period of ninety-nine (99) years, with renewal options that may be exercised by the City.

 

5. The City shall construct at its sole cost and expense and otherwise provide for all labor and materials it deems necessary to construct all improvements to the Park and Recreation Parcel, including but not limited to ball fields, playgrounds, landscaping, equipment, lighting and fencing, access road (in the location designated in Exhibit A) and retention basin (if required). The Park and Recreation Parcel shall be enclosed by a fence, which shall be similar in height, structural and aesthetic design to the wrought iron fence presently enclosing the RCPW property. RCPW shall have no obligation to pay for the cost of any improvements to the Park and Recreational Parcel. The City shall, after the completion of the initial construct, repair, maintain and, if desired, reconstruct, redevelop, or improve, or cause to be repaired, maintained, reconstructed or redeveloped and improved, the Park and Recreation Parcel, including constructing an access road between the Park and Recreation Parcel and Bryant Avenue, and the City shall pay all costs in connection therewith. The City and RCPW shall execute and record a restrictive covenant to limit the use of the Park and Recreation parcel to recreation use open to the residents of White Plains and theft visitors and guests, and to impose such reasonable restrictions on the use of such Park and Recreation Parcel as may be agreed to by the parties (ugh as, hours of operation, permitted/proscribed activities, noise levels, security, etc.), such agreement not to be unreasonably withheld. The cost to record such restrictive covenant shall be shared equally by the parties.

 

6. In order to enhance and facilitate RCPW’s operation of the RCPW Site and the conduct of all Hospital activities occurring thereon, all easements, roads, retention basins and points of access to public streets shall be designed so that the same are acceptable to RCPW, including, without limitation, reasonable additional or new means of access to the RCPW site from Bloomingdale Road. Any amendments or changes to the easements, roads, retention basins and points of access shall be subject to approval of RCPW.

 

7. RCPW shall be responsible to secure, at its sole cost and expense, the approval, if required, of all regulatory agencies having jurisdiction over RCPW in connection with the activities described herein. RCPW shall, within 6 months after the execution of the MOIJ, apply for such approvals and shall diligently seek approval thereafter. RCPW’S failure to secure such approvals which failure shall prevent the use of the Park and Recreation Parcel by the City as contemplated under this MOU, shall constitute a cause under which RCPW is required to reimburse the City by cash payment for all of its costs related to the environmental and other approvals of the Conservation Subdivision.

 

8. The Planning Department of the City has estimated that the Proposed Subdivision Plat will be ready for final approval within nine months from the date hereof plus any periods necessary to obtain a survey of the Residential Parcel and Park and Recreation Parcel, if not already part of a survey in possession of RCPW, and any review periods for RCPW as described in paragraphs I and 4 herein above (the “Proposed Conservation Subdivision Plan Schedule”). Attached hereto as Exhibit B is a summary of required actions and respective anticipated time frames (“Conservation Subdivision Timeline”), culminating in the Proposed Conservation Subdivision Plan Plat being ready for final approval. The City and RCPW, its successors, assigns and designees, agree to (1) proceed in good faith and with all due expedition in the prosecution and completion of the Proposed Conservation Subdivision and (2) cooperate with each other (a) in promptly filing any applications for approval of the Proposed Subdivision Plan and any amendments thereto, (b) in timely filing any documents in connection with environmental review of the Proposed Conservation Subdivision Plan and any other required actions and ( c) in taking all other steps to achieve the objectives of this MOU consistent with the terms herein and the Proposed Conservation Subdivision Plan Timeline and Proposed Conservation Subdivision Plan Schedule. The City and RCPW shall diligently work together to resolve any issues, misunderstandings or disputes in connection with the Proposed Subdivision Plan and the environmental review in connection therewith.

 

9. If the Proposed Conservation Subdivision is not approved within the Proposed Conservation Subdivision Schedule or such modified or extended timeline to which the parties may agree, RCPW may withdraw from this Memorandum of Understanding and, upon such withdrawal, neither party shall be bound by the terms and conditions herein. Recognizing the timeline agreed to herein, RCPW agrees that it shall review plans, respond to questions and provide information to the City and its designated consultants in a timely manner.

 

10. Notwithstanding section 7.6 or any other provision of the Zoning Ordinance, the parties acknowledge that RCPW’s affiliate, New York Presbyterian Hospital (NYPH) submitted a letter to the City, dated as of August 1, 2005 (“Renewal Request”), requesting a renewal of its Special Permit Approval for the Proton Beam Therapy Center/Research facility (“Project”) at the Site. The parties, therefore, agree that such Renewal Request shall be held in abeyance and (a) NYPH and/or RCPW shall not take any further actions in connection with such Special Permit Approval or the Project and (b) the City shall not place such item on the agenda of the Common Council or any other department, board or agency for consideration, until such time that this MOU shall terminate or expire, as set forth herein; it being further understood and agreed that, upon granting of final approval of the Proposed Conservation Subdivision plat and related environmental review, and after any and all challenges to such approvals have been exhausted (resulting in a non-appealable final order or judgement) or the time within which a challenge must be made has expired, such Special Permit Approval shall no longer be effective and NYPH’ s request for renewal thereof shall be deemed withdrawn. The City further agrees that in the event the MOU expires or terminates and NYPH (or RCPW) proceeds with its request for renewal of the Special Permit Approval, the passage of time between NYPH’s timely submission of the Renewal Request and the effective date of the MOU’s termination or expiration shall not be the sole basis of the

City’s consideration of and determination on such Renewal Request.

 

11. Jurisdiction over any action or proceeding arising out of this Memorandum of Understanding shall be vested in the Supreme Court of the State of New York, County of Westchester.

 

12. Except as set forth in paragraph 9 above, this MOU may be amended only by written agreement executed by both pasties. The parties agree that this MOU constitutes the entire agreement between the parties and that there are no agreements, contracts, covenants, promises or representations, except as set forth herein.

 

13. The persons executing this MOU represent that they (a) are executing this instrument on behalf of and as the act of the party for which they sign and Q) possess all requisite authority to execute same on such party’s behalf

 

14. The parties agree that any notice regarding the MOU shall be sent to the following by ovemight courier or first class mail:

 

For the City of White Plains:

Paul Wood

Executive Officer

City Hall

255 Main Street

White Plains, NY 10601

 

(and other parties)