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Making the Land Use Study Amateur Friendly: Proposed amendments before adoption as a comprehensive plan amendment

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    Making the Land Use Study Amateur Friendly: Proposed amendments before adoption as a comprehensive plan amendment
    working documentmeeting · 2026-03-09

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Frances Uku, Trustee

Making the Land Use Study Amateur Friendly

Proposed amendments before adoption as a comprehensive plan amendment

The Board is preparing to adopt the 2024 North Broadway Corridor Land Use and Zoning Study as a comprehensive plan amendment under Village Law § 7-722. Once adopted, the Study becomes the legal foundation for every land use decision in the Gateway North corridor. Planning Board members will apply it when reviewing site plans. Applicants will read it to understand what’s expected. Attorneys will cite it in challenges.

The question for each provision is not whether it can be read correctly by someone who already knows what the Board intended. It is whether it can be read differently by someone who doesn’t — a Planning Board member in 2031, an applicant’s attorney, a neighbor opposed to a project. Language that is ambiguous, internally contradictory, or that points in two directions at once will be read in whichever direction serves the reader’s interest. The Board’s intent will not be in the room.

A comprehensive plan is an amateur’s document. It will be applied by Planning Board members, read by applicants’ attorneys, and cited by neighbors — none of whom were in the room when it was written. The provisions I’ve flagged below are ones I can read two ways. If I can, they will too. That’s the test: not whether the planner knows what it means, but whether the document communicates it without the planner in the room.

This memo identifies provisions that can be read more than one way and proposes amendments that say what the Board means clearly enough that the document works without the Board in the room.

Provisions That Can Be Read in Two Ways at Once

The Study incorporated resident input, and many of its goals reflect what residents expressed. That is appropriate. But some provisions try to accommodate competing concerns by using language broad enough to satisfy everyone involved — and that language, once adopted, is broad enough for anyone to read it however they want.

1. “Preserve the traditional neighborhood scale” (p. 4)

“preserve the traditional neighborhood scale and historical aspects of the area” — Shared Values, p. 4

HOW THIS CAN BE READ

A Planning Board member reviewing a multifamily proposal reads “preserve the traditional neighborhood scale” and denies the application — the traditional scale is single-family on 10,000–20,000 sf lots, and multifamily doesn’t preserve it. The applicant’s attorney reads the same Study and finds that it adopts Smart Growth principles (p. 2) including “compact building design” and “range of housing,” and that the Study documents a 291% housing price increase (p. 9) and a housing stock that is 69.7% single-family detached (p. 5). Both readings are defensible. The provision points in two directions.

BUT THE STUDY ALSO SAYS

“Compact building design” and “range of housing choices and opportunities” (Smart Growth principles, p. 2).

PROPOSED AMENDMENT

Replace with: “respect the historical aspects of the area while accommodating the range of housing types and densities needed to serve current and future residents.” This says what the Board means — character matters, and so does housing — without language that can be read as “keep things the way they are.”

2. “Compatible with historic Village lot sizes” (p. 5)

“ensure developments are compatible with historic Village lot sizes, housing sizes and varieties, and building patterns, and will create a strong sense of community identity and neighborhood feeling experienced in traditional rural settlements” — Shared Values, p. 5

For discussion purposes only. Not official Board policy.

1

Frances Uku, Trustee

HOW THIS CAN BE READ

An applicant proposes townhouses at 20 du/acre. A neighbor objects: the comprehensive plan requires compatibility with “historic Village lot sizes” — which are 10,000–20,000 sq ft, or 2–4 du/acre. The Planning Board has to decide whether townhouses are “compatible” with single-family lots. The Study doesn’t say. An opponent’s attorney reads “traditional rural settlements” and argues the plan envisions something closer to a hamlet than a mixed-use corridor. A proponent’s attorney reads the same Study’s Smart Growth principles and argues the opposite. The provision doesn’t resolve the question — it creates it.

BUT THE STUDY ALSO SAYS

“The housing stock needs to expand” and buyers are “being priced out entirely” (p. 9).

PROPOSED AMENDMENT

Replace with: “ensure that new development contributes to the physical definition of streets as public spaces and reflects the building-to-street relationships characteristic of the Village’s historic core, while accommodating contemporary housing forms and densities.” This keeps the character goal — buildings could relate to the street the way historic buildings do — without anchoring it to lot sizes that preclude the housing the Study calls for.

3. “Protect the existing residential uses and character on the west side” (Goal 1d)

“Protect the existing residential uses and character on the west side of North Broadway” — Goal 1d, p. 27

The west side is not being rezoned. It remains R-20,000. So what does “protect” mean as an operative instruction to a Planning Board reviewing a site plan on the east side?

HOW THIS CAN BE READ

A developer proposes a three-story mixed-use building on the east side of Route 9. A west-side neighbor cites Goal 1d: the comprehensive plan says “protect” their neighborhood’s character, and a three-story building across the street doesn’t do that. The Planning Board has to decide what “protect the west side” means for an east-side application. Does it mean a height limit? A setback? A screening requirement? The Study doesn’t say. “Protect” is a result, not a standard. The Planning Board either invents a standard on the spot or denies the application on a word that has no operative content.

BUT THE STUDY ALSO SAYS

“Encourage a diverse mix of single-family, two-family and multifamily uses on the east side” (Goal 2a, p. 27).

PROPOSED AMENDMENT

Replace with: “Ensure that new development on the east side of North Broadway is designed to complement the residential streetscape on the west side through appropriate building orientation, landscaping, and pedestrian connections.” This gives the Planning Board something to apply: orientation, landscaping, connections. It addresses the west side through how the east side is built , not through a word — “protect” — that means whatever the reader wants it to mean.

4. “Limited mixed use” (Goal 1b)

“Allow for limited mixed use (apartments above stores) along the easterly frontage” — Goal 1b, p. 27

The parenthetical already defines the format: apartments above stores. “Limited” adds nothing to the description — but it adds a constraint that a reader can use.

HOW THIS CAN BE READ

For discussion purposes only. Not official Board policy.

2

Frances Uku, Trustee

An applicant proposes a building with ground-floor commercial, second-floor offices, and third-floor apartments. A Planning Board member reads “limited mixed use” and asks: is three uses still “limited”? What about a live-work unit — is that “mixed use” or something else? The word “limited” invites the question without answering it. A board that wants to deny has a word to cite. A board that wants to approve has to explain away the word.

BUT THE STUDY ALSO SAYS

“Mixed land uses” (Smart Growth principles, p. 2).

PROPOSED AMENDMENT

Replace with: “Allow mixed use (apartments above stores) along the easterly frontage.” Removing “limited” changes nothing about what the Study envisions — it still describes apartments above commercial ground floors. It removes a word that can only be used to narrow the permission.

5. Affordable housing: “consider allowing incentives” (Goal 2c)

“Consider allowing incentives to ensure that some percentage of new housing within the Study Area remains affordable for a defined period of time” — Goal 2c, p. 27

HOW THIS CAN BE READ

A future Board considers adopting a mandatory inclusionary zoning provision for the corridor. An opponent cites the comprehensive plan: it says “consider allowing incentives ” — voluntary mechanisms, not mandates. The plan’s own language becomes the argument against the stronger tool. A developer challenged on affordability cites the same language: the plan says “some percentage” for “a defined period of time” — the weakest possible commitment. The comprehensive plan, meant to support affordable housing, becomes the ceiling rather than the floor.

BUT THE STUDY ALSO SAYS

Housing prices have increased 291% and buyers are “being priced out entirely” (p. 9).

PROPOSED AMENDMENT

Replace with: “Require that the Cookingham property be developed entirely as affordable housing, with income targeting and an affordability period of not less than twenty years established in the zoning.” The Cookingham parcel is the only significant development site in the corridor where affordable housing is realistic. A corridor-wide inclusionary program requiring 10% affordable units would yield perhaps 4–5 workforce units total — scattered across multiple projects, each requiring its own income verification, compliance monitoring, and affordability covenant administration. Dedicating the one site that can deliver meaningful volume — and that is already under discussion for exactly this purpose — is a stronger commitment than “consider allowing incentives,” and far simpler to administer.

Summary

These five amendments do not change the Study’s vision. Each one replaces language that points in two directions with language that points in one. The proposed replacements achieve the same planning objectives — character, compatibility, affordability — in terms that a Planning Board member, applicant, or reviewing court can apply without guessing what the Board meant.

For discussion purposes only. Not official Board policy.

3

Frances Uku, Trustee

Historic Resource Inventory

The same problem — can the document be used by someone who wasn’t in the room? — applies to the historic resource inventory.

Once adopted, the inventory becomes the reference document for every land use decision involving or adjacent to a historic property in the corridor. A Planning Board member reviewing a site plan near the Old Post Road houses will open the Study and look for information about those buildings. A developer proposing adaptive reuse of the Cookingham barn will check whether the Study recognizes it as a historic resource. An applicant near the cemetery will want to know what the Village considers significant about it.

The inventory needs to answer these questions. Right now, it answers some of them for some properties and none of them for others.

What the Inventory Currently Contains

Table 10 lists seven properties: name, address, and SHPO designation code. No descriptions. The descriptions are in the narrative text that follows the table — but they vary enormously:

PropertyDetailWhat a Planning Board member learns
Martin Homestead1,500 words
across
2
pagesConstruction date, builder, architectural features down to door knocker and oven,
HABS documentation, full ownership chain 1776–2020, family histories, farm opera-
tions
Elmendorph Inn150 wordsDate range, original function, ownership, register status. Possibly the oldest building
in the Village — but less than a tenth the detail of the Martin Homestead
Halfway Diner200 wordsManufacturer, serial number, type, provenance. Competent.
Old Post Rd (4 houses)One
line
each
in
Table 10Construction date (approximate). Nothing else. “Not individually documented in
CRIS.”
CemeteryNot
in
Table 10Discussed in narrative: 1848, graves 1844–1941, Alexander Gilson. But not inventoried
as a resource.
Cookingham barnNot
in
Table 10Mentioned in narrative. Study recommends adaptive reuse (Goal 3b). But not inven-
toried.
Cherry/Graves patternNot
inven-
toriedDescribed in narrative (pp. 20–21): 40–50 f lots, 150 f depth, pre-automobile, gridded.
This is what Goal 7e is trying to protect — but it’s not in the inventory.

The inconsistency matters because the inventory is about to become the legal record. A Planning Board member who wants to impose conditions on a project near the Old Post Road houses has nothing in the adopted plan to cite — no description of what’s significant about those buildings, no basis for determining what “consideration” of their historic nature requires. A developer who proposes something near the cemetery can point out that the Study doesn’t even list it as a historic resource. The document can be read to mean these properties don’t matter — because it says almost nothing about them.

The Poughkeepsie Format

The Town of Poughkeepsie’s Comprehensive Plan Existing Conditions Report (Appendix F) provides the regional model for this kind of inventory — a model Bonnie has cited. Its historic resource section (Chapter 5) uses a threecolumn table — Name , Address , Description — with each description written as a structured prose paragraph following a consistent formula:

Construction date → Building type → Location/hamlet → Architectural style → Specific features and materials → Contributing structures → Architectural significance → Historical significance → Notable associations

Every entry gets the same structure. The reader can find the construction date (always first), the style (always after the building type), and the significance statement (always at the end). The format is both readable and systematic. It works as a reference document because it’s consistent — the level of detail reflects the nature of the resource, not who advocated for it.

For discussion purposes only. Not official Board policy.

4

Frances Uku, Trustee

Proposed Redraft of Table 10

The following table replaces the current Table 10 and the narrative descriptions that follow it. The content is drawn from the Study’s existing text, reorganized into the Poughkeepsie format with planning implications added. Source citations are to SHPO CRIS, Historic Red Hook, and the Study’s own research.

NameAddressDescription
Martin Homestead7605 N. Broad-Constructed ca. 1776 by Gottlieb Martin, a one-and-one-half story
NRE; SRwayPalatine German vernacular stone residence eligible for the National
USN 02749.000001-Register under Criterion C. Side-gable roof, fve-bay facade with full-
--length porch, divided Dutch door, 2-f-thick stone walls on rubble
--foundation with hewn timber frame; ca. 1880 clapboard addition to the
--rear. The basement kitchen with open hearth and beehive oven refects
--German building traditions distinct from the predominantly Dutch
--stone houses of the region. HABS documentation (1936) confrms the
--exterior has changed very little. The Martin family resided here 1776–
--1933; the Cookingham family 1933–2020.
Elmendorph InnNorth BroadwayConstructed ca. 1750–1770, possibly the oldest existing building in the
NR; SR(east side,Village and the only remaining gambrel-roofed structure. Originally a
90NR00450at Cherry St)simple farmhouse; by 1785 an inn on the four-day stagecoach route
--between New York City and Albany. George Sharp, son of a Palatine
--leader from the East Camp settlement (modern Germantown), sold the
--inn in 1796 to Cornelius Elmendorph, its namesake. Served over two
--centuries as stagecoach stop, courtroom, tavern, Town Board meeting
--site, and kindergarten. Augustus Martin, son of Gottlieb Martin of the
--Martin Homestead, later owned the building and converted it back to
--residential use (per 1867 Beers Map). Listed on National and State
--Registers.
Halfway DinerNorth BroadwayConstructed 1951 by the Paterson Vehicle Company of Paterson, New
(Village Diner)(east side)Jersey. Silk City prefabricated metal diner, serial #5113 (13th diner
NR; SR-built in 1951). Intact example of the streamlined stainless steel type
90NR00449-introduced in 1949 and manufactured until 1952; Silk City changed
--designs roughly every four years in the post-war period. Welded steel-
--frame construction with arched roof and exterior monitor not refected
--on the interior. Originally commissioned for a location on U.S. 9 in
--Rhinebeck; moved twice locally before installation at its current site ca.
--1957. Listed on National and State Registers.
Residence
NRE; SR
USN 02749.0000727581 Old Post
RdConstructed ca. 1937 on the west side of Old Post Road. National
Register eligible. Not individually documented in CRIS. Part of a cluster
of four NR-eligible properties along Old Post Road.
Residence
NRE; SR
USN 02749.0000717579 Old Post
RdConstructed ca. 1850 on the west side of Old Post Road. National
Register eligible. Not individually documented in CRIS. Part of the Old
Post Road cluster.
Residence
NRE; SR
USN 02749.0000707575 Old Post
RdConstructed ca. 1890 on the west side of Old Post Road. National
Register eligible. Not individually documented in CRIS. Part of the Old
Post Road cluster.
Grand Dutchess B&B
NRE; SR
USN 02749.0000697571 Old Post
RdConstructed ca. 1880 on the west side of Old Post Road. National
Register eligible. Not individually documented in CRIS. Currently or
formerly operated as a bed-and-breakfast — the only commercial use in
the Old Post Road cluster.
United Methodist
Church Cemetery
Status undeterminedCherry StreetEstablished ca. 1848; land sold to the church by Gilbert Fraleigh and
others for $1.00. Graves date from 1844 to 1941. Historic marker present
but register eligibility undetermined. Notable interment: Alexander
Gilson (1824–1889), African American horticulturist and head gardener
at Montgomery Place for approximately 50 years, credited with culti-
vating Begonia Gilsonii, Aschyranthus Gilsonii, and other varieties.
Cookingham Farm
Barn
Not separately
evaluatedNorth Broadway
(east side, opp.
Martin
Home-
stead)Agricultural barn on the east side of Route 9, directly opposite the
Martin Homestead. Part of the historic Martin/Cookingham farm prop-
erty for nearly 250 years. Not separately evaluated for register eligibility.
The Study recommends adaptive reuse for commercial purposes (Goal
3b).

For discussion purposes only. Not official Board policy.

5

Frances Uku, Trustee

Source: NYS Historic Preservation Office (SHPO) Cultural Resource Information System (CRIS), 2024; Historic Red Hook (historicredhook.org); Study field research. Format modeled on Town of Poughkeepsie Comprehensive Plan, Appendix F, Existing Conditions Report, Chapter 5.

Cherry Street / Graves Street Building Pattern

The Study describes this pattern in detail (pp. 20–21): 40–50 ft lot widths, 150-ft lot depths, small front porches, pre-automobile construction, gridded street pattern, 22–23 ft road widths. This is what Goal 7e — “protect and acknowledge the remaining historic building patterns” — is trying to protect. But the pattern is not inventoried as a resource. A Planning Board member applying Goal 7e has a goal with no reference point in the inventory. It could be added as a district-level entry, following Poughkeepsie’s practice of documenting historic districts alongside individual properties.

The Board can make these changes before adopting the Study. Once adopted, the Study becomes the legal baseline. Language that can be read two ways will be.

For discussion purposes only. Not official Board policy.

6

Changes between versions

2026-01-12→2026-02-05
substantive change+55 −31

The lease agreement was substantially modified to change the equipment type, quantity, and billing structure.

  • Equipment changed from '6 NX-5200K2-RRE EXISTING VHF PORTABLE' to '7 NX-3720HGK VHF MOBILE 136-174MHz, 50W, 512 CHANNELS / 128 ZONES'
  • Lease rate and billing structure changed from '$312.00 per month for 72 months' to a unit price of '$28.50 mo' and a total of '$199.50 mo'
  • Document title/header changed from 'Lease Agreement for VHF Portable Radio Equipment' to 'dc_2456_highway_nycomco'
  • Added Section (3) SERVICE regarding maintenance by qualified technicians
  • Added Section (4) PATENT INDEMNITY
  • Added Section (5) OPTION TO RENEW
  • Added Section (8) GOVERNMENT AUTHORIZATIONS regarding FCC responsibility
Show red-line diff
**`NEW YORK COMMUNICATIONS COMPANY, INC. |tease ORDER: 287450-00 DATE: 1/13/26 53 WestWEST CedarCEDAR Street-STREET Poughkeepsie-¢ POUGHKEEPSIE, NY 12601`** NY: co **`(845) - 471-5520, orFAX+ 1(845) -800 471-NYCOMCO`**5593 Wireless; LEASESALESREP::#:SALESREP::#:#: . MARC MCGORY-SLE-00-SLE-00 al Communications ~~2s~~ WWW.NYCOMCO.COM EXPIRATION DATE: `LeaseDATE: No1/13/26 LEASESALESREP::#:SALESREP::#:#: .18125SLE01` MARC MCGORY-SLE-00-SLE-00 EXPIRATION DATE: Lease Renewal ## **`LEASE==> AGREEMENT`picture [89 x 18] intentionally omitted <==** New **----- York Communications Company, Inc. as Lessor hereby agrees to lease to the undersigned as Lessee subject to the terms and conditionsStart of thepicture facetext and on the reverse side hereof, the following equipment: |NO. OF UNITS-----**<br>MODEL oye= lease<br>DESCRIPTION**----- End of picture text -----**<br>6<br>NX-5200K2-RRE<br>EXISTING Biil VHFTo: PORTABLE WITH ALL ACCESSORIES<br>~~es~~<br>~~a~~| |---| |~~a ~~~~**GO**~~<br>~~esa~~<br>~~Oe~~<br>~~a~~<br>~~esa~~<br>~~Oe~~<br>~~a GO~~<br>~~esa~~<br>~~Oe~~<br>~~aGO~~| Location of Equipment: 7467 SOUTH BROADWAY,1073 RED HOOK NY 12571 The lease rate $312.00 per month for 72 months for a period of 6 year(s) (called herein the lease term) commencing on the first day of the month following the date of installation of the equipment. Lessee agrees to pay an annual payment of three thousand seven hundred and forty four dollars and no cents ($3,744.00) for a period of 6 year(s) from the effective date of the contract. The first monthly payment shall be due on the first day of the new lease term and the succeeding month until all said number of monthly payments shall have been paid. In the event any payment remains unpaid for a period of sixty (60) days or more after becoming due, Lessor may declare Lessee to be in default by notice in writing, and Lessor may retake possession of any or all of the leased equipment with or without process of law, and without demand or further notice. **The Lessor will install the equipment after Lessor receives notice of FCC approval when applicable.** Shipment shall be f.o.b. Lessor's plant, and Lessor shall not be liable for delays in delivery or failure to manufacture or deliver (1) due to causes beyond its reasonable control or (2) to acts of God, acts of the Lessee, acts of civil or military authority, priorities, fires, strikes, floods, epidemics, war, riot, delays in transportation or car shortages, or (3) inability due to causes beyond its reasonable control to obtain necessary labor, materials, components or manufacturing facilities. In the event of any such delay, the date of installation shall be extended for a period equal to the time lost by reason of the delay. SIGNED: New York Communications Company Inc. BY: Robert M. Sivco- President **President** Effective Date: End Date: **(To be filled in by NYCOMCO)** NAME: RED HOOK PDHWY VIL ADDRESS: 74877467 S BROADWAY RED HOOK NY 12571 CUSTOMER SIGNEDCONTACTS: DATEJAKE SMITH PHONE: ``` IT IS(845) FURTHER444-0866 MODEL AGREEDDESCRIPTION BY7 THE|NX-3720HGK PARTIESVHF MOBILE 136-174MHz, 50W, 512 CHANNELS / 128 ZONES UNIT PRICE 28.50 mo 199.50 mo TOTAL: ``` 199.50 m ## AUTHORIZED SIGNATURE PRINT NAME **==> picture [3 x 2] intentionally omitted <==** **----- Start of picture text -----**<br> ;<br>**----- End of picture text -----**<br> TITLE/DATE _ ## Lease Terms and Conditions (1) ASSIGNMENT.** (a) The Lessor may assign the equity interest of the equipment described in this leasetease to a bank or financial institution. The Lessor will continue to collect the monthly payments due under this lease and will continue to provide service and maintenance of the equipment for the Lessee. No obligation is imposed upon the bank or financial institution to which the equity value of the equipment may be assigned to perform or fulfill any obligations of the Lessor under this lease. The Lessee acknowledges that any claim it may have under this lease shall be asserted against the Lessor only and not against an assignee of the equity value of the equipment. (b) The Lessee may not assign this lease or any right to or use of the. equipment described herein without the written consent of the Lessor first obtained. Notwithstanding an assignment, the Lessee will remain fully obligated under this lease unless specifically released by the Lessor and any person or company which takes over the rights orrightsor obligations under this lease will have all of the rights and will be obligated to keep all of the promises and agreements made herein. (b) notify the Lessor of the name and mailing address of any party having a right or interest in any motor vehicle not unconditionally owned by the Lessee in which any of the equipment listed herein is installed; (c) at the expiration of this lease agreement, return to the Lessor in good condition except for normal wear and tear all leased equipment, together with all parts and accessories added to or installed in the leased equipment; (d) keep the label reading "Property of New York Communications Company, Inc." affixed to all leased equipment at all times, and make . equipment available for Lessor's inspection at reasonable times upon reasonable notice; (e) be responsible during the lease term for loss or theft of all portable radios listed herein and maintain adequate insurance thereon payable to the Lessor and Lessee as their interests may appear; (f) arrange for access by the Lessor or any person acting in its behalf to the location where the leased equipment is to be installed. **(2) DEFAULT** . If the Lessee be adjudicated aadjudicateda bankrupt or there is[filed] filed against it. a petition underler the bankruptcybank laws, orl if any insolvencyinsol proceedings is initiated by or against the Lessee, or if the equipment or any part thereof is encumbered, pledged, or attached, seized or taken under any judicial process, the Lessor or its assignee may at any time terminate this lease agreement and enter any premisesanypremises or vehicles where the leased equipment may be located, without process of law, and remove all said equipment, without prejudice to any other rights or remedies of the lessor or its assignee. **(7)## LIMITATION OF LIABILITY.** In no event shall the Lessor be liable for special or consequential damages. The Lessor's liability on any other claim for loss of liability, arising out of or connected with this lease, or the use of any equipment covered by this lease (including, but not limited to, loss or liability arising from breach of contract) shall in no case exceed the prorated total monthly payment then paid on the particular unit involved in the claim, except as provided in the paragraphs entitled "SERVICE" and PATENTS". **(3) SERVICE.** The performance of equipment and the liability of the Lessor under the service provision is contingent upon maintenance by a qualified communications technician, employed and certified by NYCOMCO. This maintenance is the liability of NYCOMCO andNYCOMCOand is included in the lease charges. **(8)## GOVERNMENT AUTHORIZATIONS** . Neither the Lessor nor any of its employees is an agent or representative of the Lessee and the Lessee is solely responsible for obtaining any required authorizations from the Federal Communications Commission and for compliance therewith. If this lease includes the furnishing of a tower and installation, the Lessee shall have the sole responsibility for obtaining all necessary Federal, State and Local permits or authorizations pertaining thereto. The Lessor will comply with all other applicable Federal, State or Local laws and specifically represents that any goods to be delivered hereunder shall be produced in compliance with the Fair Labor Standards Act of 1938 as amended. Except as herein expressly provided to the contrary, the provisions of this agreement are for the benefit of the parties to the lease and not for the benefit of any other person. **(4) PATENT INDEMNITY** . The Lessor will defend any suit or proceeding brought against the Lessee so far as based on a claim that any leased equipment, or any part thereof, constitutes an infringement of any patent of the United States, if notified promptly in writing and given authority, information, and assistance (at the Lessor's expense) for the defense of same, and the Lessor shall pay all damages and costs awarded therein against the Lessee. **(5) OPTION TO RENEW** . The Lessee shall have the option to renew this lease agreement at a monthly payment to be determined at or before the expiration of the lease term, by written notice prior to expiration of the lease term by execution of a renewal form. **## (6) LESSEE'S OBLIGATIONS. The Lessee shall (a) keep the equipment described herein at the location designated and shall not move it elsewhere without prior written authorization from the ## Lessor; (b) notify the Lessor of the name and mailing address of any party having a right or interest in any motor vehicle not unconditionally owned by the Lessee in which any of the equipment listed herein is installed: (c) at the expiration ofthis lease agreement, return to the Lessor in good condition except for normal wear and tear all leased equipment, together with all parts and accessories added to or installed in the leased equipment: (d) keep the label reading "Property of New York Communications Company, Inc." affixed to all leased equipment at all times, and make equipment available for Lessor's inspection at reasonable times upon reasonable notice; (e) be responsible during the lease term for loss or theft of all portable radios listed herein and maintain adequate insurance thereon payable to the Lessor and Lessee as their interests may appear; (f) arrange for access by the Lessor or any person acting in its behalf to the location where the leased equipment is to be installed. (7) LIMITATION OF[LIABILITY.][In][ no][event][shall][ the][Lessor][be] liable for special or consequential damages. The Lessor's liability on any other claim for loss of liability, arising out of or connected with this lease, or the use of any equipment covered by this lease (including, but not limited to, loss or liability arising from breach of contract) shallin no case exceed the proratedtotal monthly payment then paid on the particular unit involved in the claim, except as provided in the paragraphs entitled "SERVICE" and PATENTS". ## (8) GOVERNMENT AUTHORIZATIONS. Neither the Lessor nor any of its employees is an agent or representative of the Lessee and the Lessee is solely responsible for obtaining any required authorizations from the Federal Communications Commission and for compliance therewith. If this lease includes the furnishingof a tower and installation, the Lessee shall have the sole responsibility for obtaining all necessary Federal, State and Local permits or authorizations pertaining thereto. The Lessor will comply with all other applicable Federal, State or Local laws and specifically represents that any goods to be delivered hereunder shail be produced incompliance with the Fair Labor Standards Act of 1938 as amended. Except as herein expressly provided to the contrary, the provisions of this agreement are for the benefit of the parties to the lease and not for the benefit of any other person. (9) AMENDMENTS** . This lease agreement (and any amendments attached hereto and signed by both parties) contains the entire understanding between the parties concerning the subject matter hereof and any representation, promise, modification or amendment shall not be binding upon either party unless reduced in writing and signed on behalf of each by a duly authorized representative. ## **(6) LESSEE'S OBLIGATIONS.** The Lessee shall (a) keep the equipment described herein at the location designated and shall not move it elsewhere without prior written authorization from the Lessor;

References

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Referenced by

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