Residence Inn wants to bill New Rochelle for $425,000 in water damages

BY BILL HELTZEL Bheltzel@westfairinc.com

Residence Inn by Marriott claims that the city of New Rochelle should cover more than $425,000 in water damages caused by a burst pipe in the municipal parking garage connected to the hotel.

Chatham New Rochelle RI, the West Palm Beach, Florida company that owns the hotel, petitioned Westchester Supreme Court on May 12 for a chance to file a claim. New York law requires the notice of a claim to be served to a municipality within 90 days of the incident.

Chatham, according to the petition, believed it had given adequate notice two days after the incident, and again 84 days after the incident, but submitted a formal claim three days after the deadline.

The city’s outside claims adjuster rejected the claim as untimely.

On Dec. 26 a sprinkler pipe in the garage burst, next to the Residence Inn elevators, and damaged the hotel lobby and back offic- es at 35 LeCount Place.

The elevators, HVAC system, electrical system and office equipment were ruined, according to the petition. Guests had to be taken to other hotels.

On Dec. 29 — day 3 — Chatham vice president Eric Kentoff emailed a letter to Rebeca J. Bonacci, the city’s manager of public properties and parking, advising her that New Rochelle was responsible for the damages.

Bonacci responded, “I am in receipt of your letter and will forward accordingly.”

Kentoff says he believed that Bonacci’s reply meant that Chatham had given adequate notice of a claim to the city.

On March 20 — day 84 — Chatham emailed another letter to Bonacci demanding $425,457, including $169,398 for the elevators, $68,823 in cancellations and refunds, $57,414 for the HVAC and electrical system, $54,210 for water mitigation, and $50,589 for renovations.

Kentoff says he received no response from the city.

On March 28 — day 92 — Chatham official Dennis Craven emailed Bonacci:

“Rebeca, please provide an update on this very important matter. Significant monies have been incurred by and are owed to Chatham.”

Bonacci replied that she had not received the March 20 demand letter but said that Chatham’s original Dec. 28 email had been forwarded to the city’s legal department on Dec. 29.

On March 29 — day 93 — Bonacci notified Chatham officials that the legal department had advised her that a notice of claim must be filed with the legal department. Chatham sent the notice to the legal department on the same day, by certified mail.

Chatham says it received no response from the city.

Instead, on April 10 — day 105 — it received a letter from Sedgwick, a Long Island company that manages claims for New Rochelle, rejecting the claim for not being served within 90 days.

Chatham protected its rights to pursue a claim by placing the city on notice in the Dec. 29 and March 20 letters, the hotelier claims, and had not been told that its demand was deficient. Now it is asking the court to grant its request to serve a late notice.

Playland season begins 1

In 2015, while Republican Rob Astorino was serving as county executive, Standard Amusements headed by Harrison resident Nick Singer had received a contract to, at a future date, take over operation of the amusement park. In 2016, the contract was amended. The county continued to own and manage the park. In 2018, Democrat George Latimer became county executive and ordered a study of the agreement with Standard. In December of 2018, the county sent a letter to Standard Amusements notifying the company that it was in material breach of the contract and the county was terminating it effective May 28, 2019.

Standard Amusements asked a federal court to reinstate the contract. In addition, it sought legal fees and costs and any additional awards the court would determine just and proper. The lawsuit, known as an “adversary complaint,” was filed in U.S. Bankruptcy Court for the Southern District of New York, in connection with a Chapter 11 filing. Judge Robert D. Drain handled the case at the federal courthouse in White Plains.

Standard asked that the court declare the contract was valid, that Standard performed all of its obligations under the contract and that the county either rejected or failed to respond to Standard’s “reasonable offers” to fix the breaches alleged by the county.

As the court action progressed, Judge Drain strongly suggested that the two sides try to negotiate an agreement, which they eventually did. The new agreement for Standard to manage Playland called for the county to invest $126 million in capital projects at the park over several years and Standard to invest $35 million. It provided for the county to receive a fee of $300,000 in 2022, $400,000 in 2023 along with 5% of gross revenues above $12 million, with those figures to be adjusted annually in line with the Consumer Price Index. It made Standard responsible for all operating expenses at Playland including maintenance. If Standard missed the financial targets for four consecutive years, the county had the right to cancel the contract.

“It’s another exciting day with liquid sunshine to ensure that we’re going to have such a great day,” Westchester’s Deputy County Executive Ken Jenkins told the guests gathered for the opening- day ceremonies. “It’s so exciting because of the level of partnership with Standard Amusements.”

Jenkins said there now is a great opportunity to “keep moving forward. You’re going to see some things that have been invested in by both Standard Amusements and by yourselves in the County of Westchester. It’s tremendous. It looks so beautiful and I can’t just wait for us to get started for this year.”

Jeffrey Davis of Standard Amusements, who is in his first season as Playland’s park manager, told the Business Journals, “It’s been nothing but support from the county and we have a great relationship.”

As if to underscore that point, after cutting the ribbon to formally open the park for the season Davis and Jenkins walked together to the park’s Ferris wheel, got into one of the gondolas and went for a ride, getting a good view of the park from 90 feet in the air.

Parking and admission prices have been increased from where they were last year. Last season, parking was $12 on weekdays, $15 on weekends and $20 on holidays. Senior citizen parking for Westchester residents was $5. Westchester residents not going on rides could enter the park for $4.99. General admission, including all rides for Westchester residents was $24.99 and $34.99 for others.

Prices shown by Playland for 2023 include parking at $20 on weekdays and weekends and $30 on holidays. General admission, which includes all rides, is $39.99 for adults and $29.99 for juniors with children under two years of age being free. A season pass is $109.99. Westchester residents receive discounts and must show proof of residency. A season pass for Westchester residents is $99.99, adult daily admission is $29.99 and junior admission is $19.99. A resident who just wants to visit the park without going on rides pays $5.99. Taxes are additional. The park offers group rates and options to come to the park for picnics.

The amusement park, which opened in 1928, features more than 40 rides and attractions. On opening day, a newer ride, the Old Motorbike Ride, was operational as were old favorites such as the Dragon Coaster, Crazy Mouse and Derby Racer steeplechase. Playland Beach will have a new 35-foot waterfront slide this season, as well as volleyball, kayaking and paddleboarding. New Swan and Dragon Paddle boats will be sailing on Rye Lake. The park is featuring new fast food and restaurant offerings. Later this season the attrac- tions Jack the Puppeteer and Play! Verse -- An Immersive Adventure are expected to open.

Some buildings have undergone renovation and restoration, including painting in keeping with original art deco designs. Additional work, such as on the colonnades that stretch along both sides of the park’s central walk leading to the music tower and stage, is planned.

“If you compare what we offer compared to the admission price somewhere else I think we’re very affordable,” Davis said. “It costs a lot to run roller coasters. It’s kind of a mix and a balance between what is reasonable and what it takes to make sure we can put on the great show and offer new products and new rides. But, we’re always going to want to be affordable to the average family.”

Davis said that the park is planning entertainment throughout the season with fireworks on major holidays.

“I think one of the things you’ll see when you come to the park is that there’s more atmospheric entertainment,” Davis said. “It’s a property we can do a lot with.”

BY GEORGETTE GOUVEIA ggouveia@westfairinc.com

The Harvey School in Katonah has chosen the firm of Robert Siegel Architects to design its new Weil House & Barn Complex -- the cornerstone project of a campus master plan for the 107-year-old school.

When completed at the end of 2024 -- groundbreaking will take place in the fourth quarter of this year -- the group of intimately scaled buildings and outdoor spaces will provide the school with new welcoming facilities for admissions, development and alumni, as well as a gathering place for its community. Flexible space within the new barn structure on the 125acre campus will contribute to what the school describes as its mission -- to prepare