DEP Environmental Protection Invoices, 1999-2001

NYC 9/11 Public Portal Document

01/17/01 WED 13:58 FAX 2122735121 DASNY-OPPORTUNITY PROGRA 10 011

Memorandum of Understanding

This Memorandum of Understanding (hereinafter referred to as "MOU") is made this day of January , 2001 (the effective date), by and between the People of the State of New York acting by and through the Office of Mental Health ("OMH'), located at 44 Holland Avenue, Albany, New York 12229, and Hutch Realty Partners LLC ("Hutch"), a New York Limited Liability Corporation, having an official place of business at 1000 Main Street, New Rochelle, New York 10801.

Whereas, Hutch has entered into a contract with the Empire State Development Corporation (ESDC) to buy a parcel of land at the State facility commonly know as Bronx Psychiatric Center and the former Bronx Developmental Center; the parcel is more particularly described in a survey attached here as Appendix A;

Whereas, the public offering of this parcel and the contract between ESDC and Hutch reserves the right of the State to reserve necessary easements of any kind for the continued use of the State's property adjacent to the Sale property.

Whereas, the public offering of this parcel provided for access across State lands to the Sale parcel, and the parties are desirous of entering into an agreement to provide for the granting of easements to Hutch for utility installation and transmission, as well as for egress and ingress to the Sales parcel.

Whereas, OMH will continue to operate a psychiatric hospital, abutting the land to be purchased by Hutch.

Whereas, OMH and Hutch will each occupy a portion of the former campus that contains an integrated infrastructure of utilities and roads and other amenities that will continue to require maintenance and improvement.

Therefore, OMH and Hutch mutually agree as follows:

1. Access Road: The parties agree that Hutch will be granted an easement from Waters Place to the Sales parcel boundary, such easement more particularly described as easement A in Appendix A, subject to the terms herein. This access road shall be non- exclusive, and shall be shared by OMH and Hutch. However, any utilities placed within this easement by Hutch shall be exclusively under the control of Hutch.

Insurance: As a condition of this easement, Hutch agrees to obtain and Maintain at the expense of Hutch, commercial general liability insurance with a combined Single limit for bodily injury, personal injury and property damage of at least $2,000,000 per occurrence and in the aggregate. The limit may be provided through a combination of primary and umbrella/excess liability policies. The coverage shall provide and encompass at least the following: (a) independent contractors; (b) blanket written

NYC-WTC 000137794