Loading...
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 21 03/28/2005.RGM 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 22 03/28/2005.RGM 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 23 03/28/2005.RGM (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 24 0 VA