Reproduced below is the 1957 Agreement between the New York State Thruway Authority and the Village of Larchmont establishing responsibilities for ongoing maintenance and operation of the elevated plaza and extension tunnel at the Larchmont Train Station:

NEW YORK STATE THRUWAY AUTHORITY

Agreement between the New York State Thruway
Authority and the Village of Larchmont, in
Relation to Facilities to be Constructed By
the Authority in the Vicinity of the Larchmont
Station of the New York, New Haven and Hartford
Railroad Company.

THIS AGREEMENT made this 4th day of November, 1957, by and between the New York State Thruway Authority (hereinafter referred to as “AUTHORITY”) having offices at the Delaware Avenue Plaza, Village Elsmere, County of Albany, State of New York, and the Village of Larchmont (hereinafter referred to as "VILLAGE"), a municipal corporation situated in the County of Westchester, acting by and through its Mayor, WITNESSETH:

WHEREAS, in the construction of the New England section of the New York State Thruway, the Authority has provided or will provide for certain facilities in connection with the relocation of the Larchmont station of the New York, New Haven and Hartford Railroad, among which are the following:

1. An elevated plaza constructed over the Thruway between the westbound railroad station platform and Station Road, to be used for parking purposes and for access to the railroad, together with railing, sidewalks, lighting standards and fixtures, bumpers for parking of cars and other appurtenances, all as agreed upon between the Authority and the Village, hereinafter generally referred to as the Plaza; all of which, except the ramp approach, lies within the limits of the Village of Larchmont;

2. An extension of the existing tunnel under the said Railroad, under the Thruway, and to street level at Station Road, together with necessary staircases at the south side of Station Road and in the Town Park north of Station Road, together with necessary canopies and other necessary appurtenances, hereinafter generally referred to as the Tunnel Extension. In said Tunnel Extension at the suggestion of the Village of Larchmont the Authority has provided or will provide three folding gates which may be closed and locked, one at the south end of the Tunnel Extension (at north side of existing stairs to the westbound platform), this within the Village of Larchmont, and the other two at the exits on Station Road within the Town of Mamaroneck: and

WHEREAS, the Authority has decided that it does not wish to operate or supervise the operation of the Plaza and the Village has agreed to operate and maintain the Plaza and to maintain and police the Tunnel Extension; and

WHERAS, in consideration of the above, the Authority has requested the Village to execute this agreement,

NOW, THEREFORE, it is mutually agreed as follows:

A. Upon completion of the Plaza, Ramp Approach and Tunnel Extension and the acceptance thereof by the Authority from its construction contractor, the Village will provide for the maintenance and operation thereof including, without limiting the generality thereof, policing, the removal of snow and ice, painting (except the guard rail or fence around the entire Plaza), patching, lighting, cleaning, and in general all minor repairs, as well as the replacement of the sidewalks and wearing course of the pavement, as and when necessary. Nothing herein shall operate to prevent the Village from contracting with others in respect to maintenance and repair obligations. The VILLAGE will indemnify and hold harmless the Authority, its officers and employees from any suits, claim or demand arising out of or resulting from the faulty performance of these duties. This indemnity agreement shall be construed as one to indemnify the promisee for its own negligent acts and omissions, but only to the extent that it may be held that these responsibilities are non-delegable.

B . In addition, upon completion of the Tunnel Extension and the gates therein, the Village will provide for the closing and locking and the unlocking and opening of the gates at such times as the Village sees fit.

C. It shall be the responsibility of the Authority to provide for the maintenance and repair of the structure supporting the elevated plaza, as well as the guard rail and fence surrounding the Plaza. Further, the Authority will provide for major repairs to the Plaza (exclusive of the wearing surface and sidewalks on the Plaza) and to the Tunnel Extension. The indemnity agreement contained herein shall remain applicable, however, even as to claims arising from injuries sustained as the result of a failure to make a major repair, unless the Village gives written notice to the Authority of the existence of the condition alleged to require such major repair.

IN WITNESS WHEREOF, the parties have affixed their seals hereunto the day and year first above written.

APPROVED AS TO FORM

APPROVED AS TO FORM:
DATE: 12.12.57

LOUIS J. LEFKOWITZ
Attorney General

(Signed by Assistant)

(Signed by Chief Engineer 12/20/57)

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