LOCAL LAW
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MINORITY LEADER BREEN, MAJORITY WHIP NORMAN, COUNCILMEMBERS PINEDA-ISAAC, DIAZ, AND HODGES:
LOCAL LAW AUTHORIZING THE LEASE OF A PORTION OF CITY OWNED PROPERTY AT 610 NEPPERHAN AVENUE
Be it enacted by the City Council of the City of Yonkers, as follows:
Section 1. New York State General City Law Section 23 and Second Class Cities Law Section 37 are hereby superseded to the extent herein, provided as follows:
RPC INDUSTRIES, LLC, 550 Franklin Avenue, Mount Vernon, New York, 10550 (hereinafter referred to as “Lessee”), has submitted a proposal to lease and operate a portion of city property, as defined on the site plan and lease area map, both attached as Appendix A, annexed hereto, located at 610 Nepperhan Avenue, Yonkers, New York, and identified on the Official Tax Map of the City of Yonkers as Section 2, Block 2415, Lot 18 (hereinafter the “Subject Property”). The Subject Property, an unused portion (47,044.8 square feet +/-) of the overall premises currently owned and operated by City of Yonkers (the “City”) as its organic waste facility, is not currently being used nor has it been designated for specific use in the future nor can it be utilized by the City for its intended municipal purpose and is thereby considered surplus; and
The City Council of the City of Yonkers hereby authorizes the Mayor to execute a lease containing substantially the same terms and conditions as set forth below with Lessee for the lease and operation of the Subject Property which is to be redeveloped as a non-hazardous material and construction recyclables facility. The terms and conditions set forth below are hereby approved by the City Council, as the redevelopment of this property as stated hereinabove would be in the best interest of the City.
Section 2. The initial lease term shall be for five (5) years at a rent of Three Hundred Ninety-Nine Thousand Six Hundred Twenty-Seven and Sixty-One dollars ($399,627.60) for Year One, subject to the following express terms and conditions:
1. The Subject Property and all improvements situated thereon shall be leased on an “as is” basis, with the Lessee responsible for Yonkers City Code, Westchester County and/or New York State permitting and compliance for its proposed use as a Material and Construction Recyclables Facility.
2. The lease shall be subject to any utility easements or other reservation of rights under, over, or through the Subject Property.
3. The City makes no representations or warranties regarding the presence of asbestos, chemicals, hydrocarbons or other hazardous materials affecting the Subject Premises.
4. Lessee’s proposed use of the Subject Property shall be compatible with the existing City organic waste yard facility operation, nor shall Lessee interfere with said City operation in any way.
5. Lessee agrees to pay three percent (3%) yearly increase in rent during the five-year term.
6. Lessee shall be eligible to renew the lease for an additional five (5) year term, provided Lessee is not in material default beyond any applicable notice and cure period during the initial five-year term of use and occupancy under the lease.
7. The Mayor or his authorized designee shall negotiate such other
terms and conditions which are in the best interest of the City of
Yonkers.
Section 3. This local law shall take effect as provided by law.