DEP Environmental Protection Invoices, 1999-2001

NYC 9/11 Public Portal Document

bl/17/01 WED 14:00 FAX 2122735121 DASNY-OPPORTUNITY PROGRA Z013

during the time that the easement A roadway is being improved and is therefore unusable. Hutch and OMH agree to consult each other concerning the traffic plan for easement b roadway during periods when easement A roadway is unusable.

North Access easement: The parties agree that Hutch shall be granted an access easement around the northern portion of remainder parcel No 2, as shown on appendix A attached. The parties agree that no roadway will be constructed on this easement without the prior written approval of OMH, after consultation with any Little League organizations permitted to utilize such remainder parcel No. 2.

Access to Baseball fields to the North: The parties agree that there shall be a mode of access to the baseball fields on remainder parcel 2 at all day light hours.

Motor Vehicle Access around Bronx PC Building 23: The parties agree that Hutch may allow motor vehicles to enter the Bronx PC building 23 premises in order to gain access to the loading dock to the former Bronx Developmental Center. This will be allowed only during normal business hours, and the premises will be locked at all other times. The parties also agree that such access across the building 23 premises is subordinate to the parking needs of BPC, as long as reasonable access to the BDC loading dock is permitted.

Utilities:

OMH Utilities: OMH shall maintain the utility installations within the reserved easements more particularly described as easement reservations number 1-3 on appendix A, and shall make all repairs thereto that may be reasonably necessary for the continued operation and maintenance of the utility installations.

Hutch Utilities: Hutch agrees to provide OMH with plans for utilities to be installed in easement parcels.

Provision of Utility Services by OMH to Hutch: The parties acknowledgc that OMRDD will be in occupancy in the former Bronx Developmental Center (BDC) for a period of time after closing and that, thereafter, there may be need for provision of utility services by OMH to Hutch. The following terms apply:

Electric Service: At the request of Hutch, OMH will provide Hutch with electrical service for the earlier of one year from the date that OMRDD vacates BDC or two years from the property title closing, at the same method of rate of reimbursement that OMRDD provides to OMH presently. The maximum capacity of electrical service will be limited to the amount presently provided.

• Sanitary Sewer Systems: At the request of Hutch, OMH will provide sanitary sewer system service for the present BDC sewer system for the earlier of one year from the date that OMRDD vacates BDC or two years from the property title

NYC-WTC 000137796