2011-2972011-297
Resolution Accepting Easement for Palmateer Memorial Park and Approving Conceptual
Plan
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on August
22, 2011.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Barbara A. Gutzler
Councilmembers - William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
ABSENT:
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, Greer Nine Realty Corp. (hereinafter "GREER") is the owner of certain premises
located on US Route 9 near its intersection with Old Hopewell Road in the Town of Wappinger, which
premises are hereinafter referred to as the "GREER PARCEL"; and
WHEREAS, the GREER PARCEL is leased to DCH Investments Inc. (New York) and is
subleased to DCH NY Motors, LLC d/b/a DCH Wappingers Falls Toyota (hereinafter collectively
referred to as "DCH") who operates a car dealership thereon pursuant to written lease agreement between
GREER and DCH; and
WHEREAS, DCH, with the consent of GREER, conceptually agrees to grant to the Town,
subject to such terms and conditions as are negotiated and approved by DCH and the Town, a perpetual
easement for the purposes of establishing a war memorial park to be known as the "PALMATEER
MEMORIAL PARK"; and
WHEREAS, the Town has commissioned the design of the park, which shall include a piece of
the steel from the World Trade Center destroyed by terrorist attack on September 11, 2001; and
WHEREAS, the Town has conceptually approved a design for the PALMATEER MEMORIAL
PARK; and
WHEREAS, the Town Board hereby wishes to authorize a ceremonial ground breaking on
September 11, 2011, the tenth year anniversary of the terrorist attack on the World Trade Center.
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 authorizes acceptance of a permanent easement for the purposes
of establishing the PALMATEER MEMORIAL PARK located on the DCH Wappingers
Falls Toyota site on US Route 9, Old Route 9, at its intersection with Old Hopewell
Road, upon terms to be hereinafter negotiated.
3. The Town Board hereby authorizes attorney to the Town, Albert P. Roberts, to negotiate
and draft the necessary permanent easement in proper form for recording in the Dutchess
County Clerk's office.
4. The Town Board acknowledges receipt of a letter from Lee Burns, General Manager of
DCH Wappingers Falls Toyota, identifying the conditions pursuant to which DCH and
GREER would conceptually be willing to grant the permanent easement to the Town,
subject to the terms and conditions to be negotiated by GREER, DCH and the Town, said
terms to include, but not be limited to the following:
• DCH/GREER reserves the right to place and store snow and ice in the easement
area during inclement weather.
• The Town will provide Indemnification and a Hold Harmless Agreement in
connection with the use and implementation of the war memorial.
• The Town is to maintain in effect in perpetuity such liability and other insurance,
and with minimum coverage limits, as are negotiated by the Town and DCH
prior to the transfer of the easement, which names DCH as the named insured or
additional insured, and complies with such other terms and conditions as are
acceptable to DCH.
• The Town shall be responsible for paying the costs of purchasing and installing
an electric meter at the site, as well as the costs of electric or other utility
services, commencing from the date of the grant of easement.
• The Town will properly maintain all lawns, landscaping and monuments in good
order.
• Such other terms and conditions as DCH and the Town negotiate.
The Town Board hereby schedules a ceremonial ground breaking ceremony on Sunday,
September 11, 2011 at a time to be announced.
The foregoing was put to a vote which resulted as follows:
BARBARA A. GUTZLER, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
8/22/2011
The Resolution is hereby duly declared adopted.
(Y� r,
J C. MASTERSON, TOWN CLERK
DCH Wappingers Falls Toyota
August 18, 2011
Mr. Albert Roberts, Attorney
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
RE: War Memorial Park
AUG 2 2 2911
V, S. R & D, U—t
1349 Route 9
Wappingers Falls, NY 12590
phone 845.298.8880
faX 845.297.6010
www.dchwappingerstoyota.com
Please allow this letter to recapitulate our earlier conversation regarding the proposed War Memorial
Park to be located at the southern portion of the DCH Wappingers Falls Toyota site which is located at
the intersection of US Hwy. 9 and Old Hopewell Road.
First, we are honored to help the Town of Wappinger with the above referenced project. However, in
order to move the project forward I'd like to share with you some of the items that will need to be
addressed.
Initially, let me alert you to the fact that DCH Wappingers Falls Toyota occupies the site as a sublessee of
DCH Investments Inc. (New York), which is in turn the lessee of the Greer Realty interests.
Assuming that the Town, the two DCH entities and the Greer Realty interests are able to reach mutually
acceptable terms, DCH would conceptually be willing to grant the permanent easement to the Town,
subject to the terms and conditions to be negotiated by Greer, the two DCH entities and the Town, said
terms to include, but not be limited to the following:
• DCH/Greer reserves the right to place and store snow and ice in the easement
area during inclement weather.
• The Town will provide Indemnification and a Hold Harmless Agreement in
connection with the use and implementation of the war memorial.
• The Town is to maintain in effect in perpetuity such liability and other
insurance, and with minimum coverage limits, as are negotiated by the Town and
DCH prior to the transfer of the easement, which names DCH as the named
insured or additional insured, and complies with such other terms and conditions
as are acceptable to DCH.
Nm
WIL
4I
Recipient ofthe J.D. Power and Associates Dealer of Excellence award for "An Outstanding Sales Experience"
The Town shall be responsible for paying the costs of purchasing and installing
an electric meter at the site, as well as the costs of electric or other utility
services, commencing from the date of the grant of easement.
The Town will properly maintain all lawns, landscaping and monuments in good
order.
Such other terms and conditions as DCH and the Town negotiate.
We are happy to be able to cooperate with the Town in connection with this War Memorial. Let us get
together and see if we can firm up the terms of the grant of the easement and, of course, obtain Greer's
consent.
Very truly yours,
�. cam. �3.�.�.w✓
Lee Burns
General Manager