In order to proceed with the County’s proposed plans, the Town and the County agreed to enter into a First Amendment to Lease Agreement which amends a 2016 Lease Agreement between the Town and the County which allowed the County to construct and operate a 60’ high tower on the Guard Hill property to replace an existing Town owned tower.  This Lease Amendment was approved by the Town Board last November and requires the Bedford Historical Society (BHS) to consent to the proposed Lease Amendment because the BHS is the beneficiary of a restrictive covenant that impacts the Guard Hill property. The BHS was advised of the proposed plans for the new telecommunications tower and new equipment shelter and its President has confirmed that it is in favor of the removal of the two existing towers and replacement with a single tower in order to allow improved communications for emergency and other public service providers.

In return for providing its consent to the proposed First Amendment, the BHS requested that the Town agree to the following conditions:

  1. That the Town and BHS enter into an agreement modifying the restrictive covenants applicable to the Guard Hill property to confirm the following: (i) that a public safety wireless telecommunications tower existed at the Town took ownership of the property in 1981; (ii) that the County’s public safety communication system is intertwined with the Town’s first responders’ wireless communications systems; and (iii) that the County’s new telecommunications facility contemplated by the Lease Amendment, including the replacement tower and replacement shed, is permitted under the terms of the restrictive covenant applicable to the 1981 transferring the Guard Hill property to the Town.
  1. That the County and/or the Town shall agree to defend, indemnify and hold the BHS harmless with respect to any third-party claims relating to the Lease and First Amendment, or any modification to the restrictive covenants
  1. That the County of Westchester provide screening around the area housing the new County tower, the new equipment shelter and the new generator, that the Town agree to maintain the parking lot and walking trail on the Guard Hill property and that the County and Town provide assurances that the two existing towers will be removed from the Guard Hill property after the new tower and equipment shelter is constructed and that all existing equipment is removed as required in the Lease Amendment.

The Town Board approved last night, subject to attorney review, the agreement setting forth the new restrictive covenants, the indemnification and hold harmless agreement from the Town, and the landscaping agreement with the County.  The approving resolution provides that, as Supervisor, I would sign the documents by July 10, with such further changes negotiated with the BHS.

We are very grateful to the BHS and the County for their cooperation and efforts to move this critical project forward.

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