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RFP Term Sheets

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RFP Term Sheets
April, 2009



Dear Prospective Participant:



Thank you for your interest in the recent offering of two parcels adjacent to the Metropolitan

Transportation Authority (“MTA”) Metro-North Commuter Railroad (“Metro-North”)’s former

electrical substation building at Tuckahoe.



Enclosed is the Parcel Information package. Also enclosed, please find an Applicant Information

Package (“AIS”). Please note the two sections “Background” and “General Affidavit” require the

applicant’s signature to be notarized.



Other relevant financial forms include the Proposed Compensation Form, the Proposed Item and

Pricing Form, the IRS Form W-9 and the New York State Finance Law Sections 139-j and 139-k

(“Lobbying Law”) – Schedule W. Together, this information will form the basis of your proposal

and must be completed in its entirety, or your proposal may be disqualified. Please make sure

you have all the items listed in the rules & regulations booklet to ensure that you have included

all required forms and information.



All contacts made with the MTA relating to this offering must be made through the

designated Point(s) of Contact. The designated Points of Contact for this offering are Paul

Fitzpatrick and Odette Forestier. Contacts with anyone else at MTA relating to this offering

may be a violation of the law and result in the disqualification of the proposer. To request

missing materials or replacements call Odette Forestier at (212) 878-7049 and reference the

offering of two parcels adjacent to MTA Metro-North’s former electrical substation building at

Tuckahoe.



A site visit/pre-proposal conference is scheduled for Friday, April 17, 2009, at 10:00 a.m.

We will meet in front of Metro-North’s Tuckahoe train station and proceed to the site from

there. Please contact Odette Forestier at (212) 878-7049 to reserve a place at the pre-

proposal conference.



All proposals for this offering are due no later than 5:00 p.m. on Thursday, April 30, 2009.



Please call me at (212) 878-4654 with any questions.



Sincerely,





Paul M. Fitzpatrick

Real Estate Department

PARCEL INFORMATION





Two Parcels Adjacent To MTA Metro-North’s Former Electrical

Substation Building At Tuckahoe









Parcel 1









Parcel 2









Area Map with parcels highlighted, not to scale



Spring 2009





DEADLINE: PROPOSALS MUST BE SUBMITTED NO LATER THAN

THURSDAY, APRIL 30, 2009 AT 5:00 PM.

SCHEDULE FOR INSPECTION OF MTA METRO-NORTH

TUCKAHOE PROPERTIES





Location Date Time



Parcels 1 and 2 Friday, April 17, 2009 10:00 a.m.









Parcel 1









Parcel 2





387 ft









Aerial view with parcels highlighted









Tuckahoe Page 2 of 9

Tuckahoe Page 3 of 9

MTA Metro-North Railroad

Parcels Adjacent Former Electrical Substation Building At

Tuckahoe

Location MTA Metro-North Railroad’s former electrical substation building at

Tuckahoe is located adjacent to the southbound tracks of Metro-

North’s Harlem Line, and has a street address of 25 Main Street, in

Tuckahoe, New York. Parcel 1 is to the south of the building,

parallel to the railroad Right-Of-Way, and Parcel 2 is to the north of

the building, also parallel to the railroad Right-Of-Way.



Site Description For a general site plan, please see Page 3 of 9.



Parcel 1 is approximately one hundred and forty-eight feet by ten

feet (148'x10'), or one thousand, four hundred and eighty square

feet (1,480 SF).



Parcel 2 vehicular passage is approximately two hundred and

ninety feet by thirty feet (290'x30') equaling eight thousand seven

hundred square feet (8,700 SF).



Both sites are located along retaining walls at the “railroad cut” and

are on either sloping ground and/or ground that is lower than the

adjoining streets and adjacent parking lot. For example, regarding

Parcel 2, where it meets Cedar Street, there is an elevation drop of

10 feet or more.



The combination of these conditions, together with existing

vegetation, renders the existing usable flat surfaces narrower than

what are indicated in dimensions. To gain a full understanding of

existing conditions, a site visit is recommended.



Please note: No access to the “railroad cut” is permitted.

Inspection is only permitted visually, from adjoining streets and

adjacent parking lot.





Two Locations Proposer must submit proposals for both parcels. Please be

advised that a proposal that conditions one location upon the award

of another will be rejected. Separate compensation proposals must

be submitted for both locations.



Use Parcel 1 is to be developed via the construction of a retaining wall

and a platform to grade or other approved method for pedestrian

access to and from the former electrical substation building via

Main Street. However, this is not currently a suitable point for

vehicular drop-off or pick-up.



Parcel 2 is to be developed via the construction of a retaining wall

and a platform to grade or other approved method for vehicular

passage to and from the former electrical substation building, or via

Cedar Street or for other circulation or parking-related uses related

to the use of the former electrical substation building.







Tuckahoe Page 4 of 9

Directions Driving directions:

Northbound:

From Bronx River Parkway Northbound Exit 3, Elm Street. Go

straight on Elm Street. Turn left onto Lake Avenue; go across Main

Street. Vehicular access to the former electrical substation building

is from Lake Avenue, on the right.

Southbound:

From Bronx River Parkway Southbound Exit 4, Scarsdale Road. At

intersection (traffic light), turn left onto Scarsdale Road. Scarsdale

Road becomes Main Street. Turn left onto Lake Avenue. Make right

into lot for former electrical substation building.

Via Metro-North:

Take MTA Metro-North to the Tuckahoe station on the Harlem Line,

proceed thence by foot to Main Street. Parcels 1 and 2 are located

across Main Street, on the southbound side of the tracks.

Additional:

Vehicular access is from Lake Avenue, between Main Street and

Cedar Street.





Utilities Lessee, at its sole cost and expense, shall provide for any and all

needed utilities including, without limitation, any necessary utility

connections and electric meters. Existing systems may be

inspected and re-used to the extent possible unless otherwise

noted, but all systems must meet applicable regulations. Lessee

shall install and also pay for all utilities consumed, at its sole cost

and expense.







Reservations & Restrictions MTA/Metro-North Commuter Railroad reserves the following:



1. The right to use the premises as means of access to and

from its right-of-way.



2. The right to install, construct, maintain, repair, renew and

remove pole, wire, pipelines, drainage and under water lines,

communications, etc., on, over, under and across the

premises. Also, the MTA reserves the right for access for

structural or other building repairs beyond what is listed

above.



3. Storage of flammable materials is prohibited.



4. Proposals for this lease opportunity must be for cash and

should contain no contingencies subjecting the closing to

receipt of local approvals for the intended use or subdivision

of the tax lot.









Tuckahoe Page 5 of 9

Suggested Compensation Proposers must offer rental compensation on the attached

“Proposed Compensation Form” in the form of a lump sum for the

ninety –nine (99) year term.

The proposer that will be the future lessee should expect significant

initial investment.

If and when MTA Metro-North, as lessor has the right to convey fee

interest of Parcels 1 and 2 by quitclaim deed, and, in its sole

discretion decides to convey same parcels, the future lessee must

accept conveyance. At that time, the future lessee will, at its own

expense, prepare any and all required documentation associated

with conveyance, including but not limited to the preparation of

surveys, filings, and/or applications for subdivision of tax lots.



Term Ninety-nine (99) Years.



Security Deposit Three months



Improvements Lessee shall be responsible, at its sole cost and expense, for the

completion of all improvements, including any work which requires

flagmen or other contracted construction work paid for on the basis

of time taken and material consumed for the protection of MTA

Metro-North Commuter Railroad (“Force Account”). All

improvements by the, must be approved by all governmental and

other entities having jurisdiction, and may be subject to review by

MTA/Metro-North Commuter Railroad, prior to the commencement

of any work.



The successful Lessee will be required to undertake the

improvements listed below.



1. For Parcel 1: Modify the land between the existing parking lot

and the fence next to the railroad right-a-way in such a way as

to permit passage of pedestrians between Main Street and the

former electrical substation building. Ramping and retaining

walls may be required to negotiate elevation differences. This

must be in a manner that is approved by MTA/Metro-North

and, if applicable, the New York State Historical Preservation

Office (“SHPO”). The future Lessee should keep in mind this

is not currently a suitable point for vehicular drop-off or pick-

up.



2. For Parcel 2: Modify the land between the existing parking lot

and the fence next to the railroad right-a-way in such a way as

to permit safety and maneuverability of vehicles and/or

pedestrians. Ramping and retaining walls may be required to

negotiate elevation differences. This must be in a manner that

is approved by MTA/Metro-North, and SHPO (if applicable).



3. Perform a professional inspection of all existing retaining

walls, other associated structures, any existing utilities, and

environmental conditions and repair and upgrade these in a

manner that is approved by MTA/Metro-North, and all other

agencies having jurisdiction.







Tuckahoe Page 6 of 9

4. Any and all required environmental surveying, testing,

remediation and abatement of Parcels 1 and 2. This must be

in a manner that is approved by MTA/Metro-North, and all

other agencies having jurisdiction. The future lessee will hold

harmless the MTA, Metro-North and Midtown Trackage

Ventures, LLC, and its affiliates with regard to existing

environmental conditions and future remediation.



5. Clean and remove all debris on Parcels 1 and 2.



6. Soil of higher ground must be protected.



7. Fencing along the railroad Right Of Way must be erected in a

manner that is approved by MTA/Metro-North. Approval of

fencing by SHPO may also be necessary.



8. Removal of vegetation must be kept to a minimum.



9. Provide utility connections as needed. This must be in a

manner that is approved by MTA/Metro-North, and all other

agencies having jurisdiction.



10. Overhead wiring must be safe guarded. This must be in a

manner that is approved by MTA/Metro-North, and all other

agencies having jurisdiction.



11. Drainage must be constructed must be complaint with all

applicable codes and must flow away from all Metro-North

railroad tracks. This must be in a manner that is approved by

MTA/Metro-North, and all other agencies having jurisdiction.



12. Proper lighting must be proposed as part of the modification.

This must be visually compatible to the site and completed in

a manner that is approved by MTA/Metro-North, and SHPO (if

applicable). The use of energy-efficient lighting, such as

compact fluorescent light bulbs is encouraged.



13. Maintain all new construction in a state of good repair.



14. MTA Metro-North will reserve the right of ingress and egress

as necessary to inspect, repair and maintain Right-of-Way

land directly adjacent to Parcels 1 and 2.







Design Standards The following design issues should be considered in proposals

submitted: The former electrical substation building has been

identified by SHPO as being eligible for listing on the National

Register of Historic Places. Any proposed improvements may

therefore be subject to review and approval of SHPO.



The proposed facility must be compatible to the current station

design, the commercial nature of the area, and its environs.







Tuckahoe Page 7 of 9

Submission Date PROPOSALS MUST BE SUBMITTED NO LATER THAN

5:00 P.M., APRIL 30, 2009.



Site Tour The premises will be available for inspection on Friday, April 17,

2009 at 10:00 a.m.



We will meet in front of Metro-North’s Tuckahoe train station

and proceed to the site from there.



Proposers interested in examining the premises should contact:



MTA Real Estate Department

(212) 878-7049









Tuckahoe Page 8 of 9

PROPOSED COMPENSATION FORM





TUCKAHOE



Parcels Adjacent To MTA Metro-North’s Former Electrical Substation Building At Tuckahoe



HARLEM LINE



Instructions Please complete and submit a separate Proposed compensation Form

for each parcel. You may photocopy forms as needed.



Compensation Proposed Compensation. Proposers must specify the proposed

compensation as a lump sum, payable at the commencement of the ninety-

nine (99) year term.







PARCEL 1



Ninety-nine years

(lump sum) $ ___________________









PARCEL 2



Ninety-nine years

(lump sum) $ ___________________









Tuckahoe Page 9 of 9


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