2005-04403/28/2005.R.GM
3. The Town Board hereby agrees to enter into and be bound by
the terms of the above -referenced Proposed Contract and
hereby authorizes Town Supervisor Joseph Ruggiero to
execute the Proposed Contract in substantially the same
form as attached hereto as Schedule "A" as amended as by
Schedule "B".
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor Voting Aye
Robert Valdati, Councilman Voting Aye
Vincent Bettina, Councilman Voting Aye
Maureen McCarthy, Councilwoman Voting Aye
Joseph Paoloni, Councilman Voting Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 2005-44
RESOLUTION GRANTING A REVOCABLE LICENSE TO THE
SPORTS MUSEUM OF DUTCHESS COUNTY SUBJECT TO
PERMISSIVE REFERENDUM
The following Resolution was introduced by Councilman Bettina and seconded
by Councilman Valdati.
WHEREAS, pursuant to Resolution No. 2005-26, the Town Board adopted a
Resolution granting a Revocable License Agreement to the Sports Museum of
Dutchess County in accordance with the terms and conditions set forth in
said Resolution; and
WHEREAS, subsequent to the adoption of the Resolution, the Attorney for
the Sports Museum has requested certain changes to the proposed License
Agreement, which changes have been approved by the Attorney'ao the Town,
Albert P. Roberts; and
WHEREAS, it has been since determined that the granting of a License
Agreement to the Sports Museum of Dutchess County is subject to a
permissive referendum in accordance of Article 7 of the Town Law of the
State of New York; and
WHEREAS, the revised changes are highlighted in the revised Revocable
License Agreement which is attached hereto and made part hereof marked
and designed Schedule "1"; and
WHEREAS, the Town Board hereby reconfirms all of the dispositive
.. provisions of Resolution No. 2005-26 adopted by the Town Board at its
regularly scheduled Town Board Meeting on February 14, 2005; and
WHEREAS, the Town Board determines that the enactment of this
Resolution is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117
of the Code of the Town of Wappinger and, accordingly, the Town Board
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hereby expressly determines that this action is not an action that requires
review pursuant to the provisions of the New York State Environmental
Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the
Town of Wappinger or pursuant to 6 NYCRR Part 617.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this
Resolution as if fully set forth and adopted herein.
2. The Town Board hereby approves the revisions to the Revocable ■
License Agreement previously approved by the Town Board
pursuant to Resolution No. 2005-26. A copy of the revised
Revocable License Agreement attached hereto as Schedule "1".
3. The Town Board hereby reauthorizes and grants a Revocable
License to the Sports Museum of Dutchess County to use a
portion of the "dormitory building" located at Carnwath Estate
for the purposes of conducting a sports museum and to display
sports artifacts and memorabilia of Dutchess County athletes
and athletic events in accordance with the Revocable License
Agreement, as amended, which is attached hereto as Schedule
"1„
4. The Town Board hereby reconfirms the terms of the Revocable
License Agreement as follows:
(a) the Town may terminate the license agreement upon 30
days notice by delivering by mail or personal service to the
Sports Museum at its business address of P.O. Box 7,
Poughkeepsie, New York 12602, or at such other' place as may
be designated in writing by the Sports Museum or at the space
occupied by it at the Carnwath Estate;
(b) the Sports Museum will restore and/or repair, at its own
costs and expense, any damage or disturbance to the licensed
premises or other portions of the Carnwath Estate used by the
sports museum pursuant to the Revocable License Agreement;
(c) all activities shall be open to all members of the public and
any fees, if any, charged for any activities must be approved by
the Town Board in advance of collecting any fees for such
activity or program;
(d) the Sports Museum shall take out and maintain during the
life of this license agreement such liability and property damage
insurance that shall protect the Town from claims for damages
for personal injury, including accidental death, as well as for
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claims for property damage, which may arise from any activities
conducted pursuant to the license agreement, and the amounts
of such insurance shall be a single limit policy in the amount of
at least $1 million dollars for bodily injury and property damage
liability claims, public liability insurance, blanket contractual
liability, broad form property damage liability, and fire legal
liability; such policy shall also name the Town as an additional
insured in said policy;
(e) the Sports Museum shall indemnify and otherwise
reimburse the Town for any and all damages or injuries to any
real property or personal property of the Town that may arise,
directly or indirectly, from the negligence, acts or omissions of
the Sports Museum, its officers, members, contractors, agents,
employees or invitees;
(f) the Sports Museum agrees to defend, indemnify and save
harmless the Town from any and all suits, actions or causes of
action of every kind, nature and description brought against the
Town for or on account of any injuries or damages received or
sustained by any party or parties by or from the negligence of.
the Sports Museum, its officers, members, contractors, agents,
employees or invitees;
(g) the revocable license agreement shall authorize the Sports
Museum to use the portion of the dormitory building described
in Schedule "1" in the attached Revocable License Agreement for
the purposes of conducting a sports museum displaying sports
artifacts and memorabilia of Dutchess County athletes and
athletic events;
(h) all of the above provisions are more specifically set forth in
the revised Revocable License Agreement attached hereto as
Schedule "1".
5. The Town Board expressly determines that the revised
revocable license authorized and granted herein:
(a) is not a conveyance of real property;
(b) is not intended to grant or convey to the Sports Museum the
exclusive use of the building in which the sports museum is to be
displayed or located;
(c) is subject to grants, conveyances, easements and right of
ways heretofore made to others; and
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(d) is subject to the rights, which the Town hereby reserves, of
the Town to:
i. use and enjoy the lands within the boundaries of the
property to be used in any manner that does not
unreasonably interfere with the license granted to the
Sports Museum; and
ii. grant and convey easements or right of ways and uses
to others, over, across and through the lands within
the lands to be used by the Sports Museum.
6. Supervisor Joseph Ruggiero is hereby authorized and directed to
execute the Revocable License Agreement between the Town of
Wappinger and Sports Museum of Dutchess County on behalf of the
Town in substantially the same form as attached hereto following
approval of said Agreement by the citizens of the Town of Wappinger.
7. ' The Town Board determines that the enactment of this
Resolution is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117
of the Code of the Town of Wappinger and, accordingly, the Town Board
hereby expressly determines that this action is not an action that requires
review pursuant to the provisions of the New York State Environmental
Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the
Town of Wappinger or pursuant to 6 NYCRR Part 617.
8. This Resolution is adopted subject to permissive: referendum
pursuant to Town Law Article 7 of the State of New York.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor
Voting
Aye
Robert Valdati, Councilman
Voting
Aye
Vincent Bettina, Councilman
Voting
Aye
Maureen McCarthy, Councilwoman
Voting
Aye
Joseph Paoloni, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted.
RESOLUTION
NO. 200545
RESOLUTION AUTHORIZING LITIGATION AGAINST AGWAY
ENERGY PRODUCTS
Councilman Valdati moved to table Resolution 2005-45 Authorizing
Litigation against Agway Energy Products to Executive Session, seconded by
Councilwoman McCarthy and unanimously carried.
RESOLUTION NO. 2005-46
RESOLUTION AUTHORIZING PLACEMENT OF
CORRESPONDENCE ON FILE
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0
VA