Mayor & Board of Trustees

1111 PLEASANTVILLE ROAD VILLAGE OF BRIARCLIFF MANOR, N.Y. 10510 BRIARCLIFF MANOR TELEPHONE: (914) 941-4800 www.briarcliffmanor.gov FAX: (914) 941-4837 PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Board of Trustees of the Village of Briarcliff Manor will hold a Special Meeting on Wednesday, November 1, 2023 at 6:00 p.m. in the William J. Vescio Community Center located at 1 Library Road, Briarcliff Manor, New York to discuss a Right-of-Way agreement. Maria Pascetta Deputy Village Clerk Dated: October 29, 2023  DRAFT LICENSE AND MAINTENANCE AGREEMENT VILLAGE ROW 10-24-2023 LICENSE AND MAINTENANCE AGREEMENT TRUMP NATIONAL PLANTING IN VILLAGE ROW THIS LICENSE AND MAINTENANCE AGREEMENT ("Agreement") is made and entered into as of the [Date], by and amongst Trump National Golf Club LLC, having an address at 100 Shadow Tree Lane, Briarcliff Manor, New York, NY 10510 ("Licensee") and the Village of Briarcliff Manor, 1111 Pleasantville Road, Briarcliff Manor, New York 10510 ("Village"). WHEREAS, Licensee is the owner of certain real property shown on the tax map of the Village of Briarcliff Manor as 98.14-1-1, and which is more fully described on Schedule A annexed hereto and made a part hereof ("Licensee's Property"); and WHEREAS, the Village is the owner of certain real property constituting the right of way of Pine Road adjacent to Licensee's Property, and more particularly described on Schedule B attached hereto and made a part hereof, together with any improvements located thereon (the "Village Property"); and WHEREAS, Licensee wishes to install and maintain certain plantings, consisting of trees, hedges, bushes and/or other plants (collectively, the "Plantings" or “Planting Plan”) in or overhanging the Village Property which is more fully described on Schedule C; and WHEREAS, Licensee wishes to make said Plantings for its own aesthetic and or business-related reasons; and WHEREAS, Licensee has requested that the Village grant to Licensee a license to permit Licensee to install and maintain the Plantings in and over the Village; and WHEREAS, the Village Board believes that the proposed Plantings will benefit the Village, and adjoining areas, by providing for beautification of its right of way in a manner consistent with Licensee’s previously obtained site approvals; and WHEREAS, as the Village does with all uses within its public right of way, the Village intends to communicate with Licensee regarding any public work that would impact the continued use of the Village right of way, but as a trustee of Village lands within its jurisdiction, the Village is under no legal or equitable, obligation to provide notice of same; and WHEREAS, the Village in its sole discretion is willing to allow the Village Property to be modified in a manner it feels would be consistent with the intent of the Site Plan and Special Use Permit under which the Licensee’s Property is operating. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is agreed as follows: 1. The Village hereby grants to Licensee a revocable license to permit the Plantings {01364227.docx.3}Page 1 of 7  DRAFT LICENSE AND MAINTENANCE AGREEMENT VILLAGE ROW 10-24-2023 upon and in that portion of the Village Property on which same is shown on their Planting Plan, and to allow Licensee to enter upon those portions of the Village Property as necessary for the purposes provided herein, including the installation and maintenance of the Plantings. 2. Licensee hereby agrees to indemnify and save harmless the Village, its officers and employees from any and all claims, damages, or costs of whatever nature arising directly from the installation and maintenance of the Plantings in or over the Village Property, except as to any negligence or willful misconduct associated with the Village’s own acts or omissions. Licensee shall maintain liability insurance as typical with the operation of its site but extending said coverage to include the anticipated installation and maintenance of the Plantings. A certificate of insurance shall be provided to the Village and Licensee shall name the Village as an additional insured. The Village reserves the right to require greater minimum policy coverage as is deemed reasonably necessary or advisable, to the extent that additional coverage is available through a reputable insurance company. The duty to indemnify and insure shall be a covenant, the burden of which shall run with the land so long as the Plantings remain in or over the Village Property. 3. Licensee acknowledges that the Village of Briarcliff Manor retains all rights to the Village Property, and may relocate, remove, or modify the Plantings at any time without any notice or liability to the Licensee. 4. Licensee offers the installation and maintenance of said Plantings to and upon Village property without reservation of any right or ownership of said Plantings. 5. Licensee shall maintain the Plantings in a safe and attractive condition such that the Plantings shall not interfere in any way with the public's use of Pine Road, all such work to be undertaken at Licensee's sole cost and expense. 6. As used herein, Licensee’s maintenance obligations with respect to the Plantings shall include, but not be limited to, ongoing tree pruning, leaf collection, and monitoring of overall tree health and treatment for threats related to pests and diseases. 7. Nothing contained herein shall serve to abrogate any rights of the Village in and to the Village's Property, or any portion thereof. 8. This Agreement shall not be assignable or transferable by Licensee without the prior written approval of the Village which shall not be unreasonably withheld. Said assignment may include the execution of a written agreement with the assignee or transferee confirming acceptance, or enhancement, of the continuing obligations and covenants herein. {01364227.docx.3}Page 2 of 7  DRAFT LICENSE AND MAINTENANCE AGREEMENT VILLAGE ROW 10-24-2023 IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year first above written. Village of Briarcliff Manor By: _________________________ STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER ) On the __________ day of _______________, in the year 2023, before me, the undersigned a Notary Public in and for said State, personally appeared ______________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in her/his capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ____________________ Notary Public Trump National Golf Course, LLC By: _________________________ STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER ) On the __________ day of _______________, in the year 2023, before me, the undersigned a Notary Public in and for said State, personally appeared ______________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in her/his capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ____________________ Notary Public {01364227.docx.3}Page 3 of 7  DRAFT LICENSE AND MAINTENANCE AGREEMENT VILLAGE ROW 10-24-2023 Schedule A Licensee's Property Attached Deed. {01364227.docx.3}Page 4 of 7  DRAFT LICENSE AND MAINTENANCE AGREEMENT VILLAGE ROW 10-24-2023 Schedule B Village's Property Including the perpendicular area fronting Pine Road between the asphalt road shoulder or outside curb edge to the adjacent property line. The subject area is described as beginning at approximately 100 feet West-Southwest of the centerline of Birch Road at the intersection with Pine Road, extending approximately 1,300 feet West-Southwest. All areas being grassed and/or otherwise landscaped with plant material. {01364227.docx.3}Page 5 of 7 DRAFT LICENSE AND MAINTENANCE AGREEMENT VILLAGE ROW 10-24-2023 {01364227.docx.3}Page 6 of 7  DRAFT LICENSE AND MAINTENANCE AGREEMENT VILLAGE ROW 10-24-2023 Schedule C Landscaping Plan [To be determined] {01364227.docx.3}Page 7 of 7  Village of Briarcliff Manor Environmental Advisory Council October 27, 2023 RE: Memo to BOT regarding tree work along Pine Road - UPDATE Dear Members of the Board of Trustees, The Village of Briarcliff Manor Environmental Advisory Council (EAC) offers this alternate replanting plan for the Village right-of-way (ROW) along Pine Road, adjacent to Trump National Golf Club Westchester. Similar to the recommendations in our previous (October 10) memo, this replanting plan (Fig. 1) includes groupings of oak trees at either end of the ROW and a line of red maple trees along much of the linear strip of grass parallel to Pine Rd. However, in this revised plan, we’ve included more interplanting of a greater variety of native shrubs as well as a diverse understory of herbaceous wildflowers instead of mowed grass between trees. Such a plan would still allow for the visual character provided by the straight row of maples, but the shrubs and wildflowers interspersed throughout will help create a landscape that is more natural, more ecologically functional, and better aligned with the Village’s bucolic character. More specifically, this plan includes: • Trees: red maple (Acer rubrum), chestnut oak (Quercus montana), pin oak (Quercus palustris), and red oak (Quercus rubra). Approximately 36 red maples would be used in this plan, spaced about 30’ apart. At the western end, a small cluster of oak trees is shown extending approximately 50’ north from the ROW. At our on-site meeting on October 6, Dan Coughlin and Seamus Dooley suggested this area as a candidate location to plant a few oak trees, but we should note it is beyond the ROW. • Native shrubs interplanted among the trees: American elderberry (Sambucus canadensis), sweet pepperbush (Clethra alnifolia), spicebush (Lindera benzoin), possumhaw viburnum (Viburnum nudum), winterberry (Ilex verticillata), and inkberry holly (Ilex glabra). We recommend these shrubs be interplanted among the oak trees clustered at the eastern and western ends of the ROW and also throughout the row of red maples. Shrubs can be used sparingly in areas where more visibility of the “open vista” is desired.  • Wildflowers for shade interplanted among the trees and shrubs: aster species (i.e. New York aster [Symphyotrichum novi-belgii], blue wood aster [Aster cordifolius], white wood aster [Aster divaricata]), Virginia bluebells (Mertensia virginica), goldenrod species (i.e. Solidago caesia, Solidago flexicaulis), golden groundsel (Packera aurea), yellow wood poppy (Stylophorum diphyllum), and Virginia strawberry (Fragaria virginiana). Some ferns could also be included, like ostrich fern (Matteuccia struthiopteris). In this planting scheme, the trees and shrubs will provide natural screening and protection from errant golf balls. Shrubs can be planted on the golf-course side (northern side) of the ROW, to better maintain visibility for crossing golf carts along the road. The understory of shrubs and shade-tolerant wildflowers would reflect the natural presence of these plants in the local area (Fig. 2). Under trees/shrubs, fallen leaves can be left to create a natural litter layer, making the conditions more favorable for the wildflowers and furthering the habitat value for over- wintering butterflies, moths, and fireflies. We believe this plan balances biodiversity and ecological value with the physical realities of the site in terms of adjacent land use and ongoing maintenance, and presents an option that is not unrealistically ambitious. Altogether, the diversity of plant species, along with the multi-layered vegetation structure, will better support songbirds and pollinating insects. Figure 1. Revised recommended replanting scheme. Figure 2. Photos taken across the road from the golf course, showing the natural structure of trees/shrubs/herbaceous understory that can be planted within the ROW. Please let us know if we can be of further assistance, and thank you for considering a more environmentally-sound replanting scheme. Sincerely, Village of Briarcliff Manor Environmental Advisory Council: Amy Karpati, Ph.D. (Chair) Brooke Beebe Ernie DeMarie Steven Kavee Dawn Orza