Review Agenda Item
Meeting Date: 9/21/2022 - 5:30 PM
Category: SCHOOL FACILITIES MANAGEMENT
Type: Action
Subject: 15.15 Settlement Resolution with 201 Saw Mill River Road Development Corporation
District Goals:
Enclosure
File Attachment:
RES 16.20 DEC 16 2015.pdf
RES 17.7 DEC 16 2020.pdf
RES 15.17 JAN 20 2021 W LEASE.pdf
NoticeofDefault dated Aug302022.pdf
BOCS Settlement.xlsx
Rationale: This resolution is to settle with the 201 Saw Mill River Road Development Corporation, landlord for the District warehouse for outstanding holdover rent charges in the amount of $241,341.74. This is in advance of the District vacating the property by December 31, 2022.
Funding: 450.5150.100000.1620.B2300
Resolution: Ladies and Gentlemen;

WHEREAS: By Resolution 16.20 dated December 16, 2015 the Board of Education of Yonkers Public Schools (the “Board”) extended a lease agreement (the “Lease”) with 201 Saw Mill River Road Development Corporation, landlord for the District warehouse, and

WHEREAS: By Resolution 17.7 dated December 16, 2020 the Board authorized a one month extension as a holdover tenant for negotiating purposes, and

WHEREAS: By Resolution 15.17 dated January 20, 2021 the Board authorized another extension for a period of one month and set the terms for a five year extension, and

WHEREAS: The five year lease agreement extension was not executed, and

WHEREAS: The Board authorized the City of Yonkers Corporation Counsel to take all necessary and appropriate actions so as to avoid costly and unnecessary litigation, and

WHEREAS: Holdover rental fees have been accrued and settled in the amount of $241,341.74.

NOW THEREFORE IT BE RESOLVED: That upon the recommendation of the Corporation Counsel the Trustees of the Board of Education hereby authorizes the payment of the settlement in the amount of $241,341.74 to 201 Saw Mill River Road Development Corporation.
Approvals:
Recommended By:
Signed By:
John Carr - Executive Director
Signed By:
Tom Collich - Purchasing Director
Signed By:
Finance Department - Finance Reviewer
Signed By:
Elizabeth Janocha - Deputy Commissioner
Signed By:
John Liszewski - Commissioner
Signed By:
Matthew Gallagher - Corporation Counsel
Signed By:
Dr. Edwin M. Quezada - Superintendent of Schools
Vote Results:

Original Motion
Member Sheila Greenwald Moved, Member Amjed Kuri seconded to approve the Original motion 'Ladies and Gentlemen;

WHEREAS: By Resolution 16.20 dated December 16, 2015 the Board of Education of Yonkers Public Schools (the “Board”) extended a lease agreement (the “Lease”) with 201 Saw Mill River Road Development Corporation, landlord for the District warehouse, and

WHEREAS: By Resolution 17.7 dated December 16, 2020 the Board authorized a one month extension as a holdover tenant for negotiating purposes, and

WHEREAS: By Resolution 15.17 dated January 20, 2021 the Board authorized another extension for a period of one month and set the terms for a five year extension, and

WHEREAS: The five year lease agreement extension was not executed, and

WHEREAS: The Board authorized the City of Yonkers Corporation Counsel to take all necessary and appropriate actions so as to avoid costly and unnecessary litigation, and

WHEREAS: Holdover rental fees have been accrued and settled in the amount of $241,341.74.

NOW THEREFORE IT BE RESOLVED: That upon the recommendation of the Corporation Counsel the Trustees of the Board of Education hereby authorizes the payment of the settlement in the amount of $241,341.74 to 201 Saw Mill River Road Development Corporation.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 7 Nay: 0.
The motion Carried 7 - 0
   
Rev. Steve Lopez     Yes
Dr. Rosalba Corrado Del Vecchio     Yes
Gail Burns     Yes
Sheila Greenwald     Yes
Amjed Kuri     Yes
Rosemarie Linton     Yes
Lawrence Sykes     Yes