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Carnwath Sports DegreeRESOLUTION NO. 2005- 26 RESOLUTION GRANTING A REVOCABLE LICENSE TO THE SPORTS MUSEUM OF DUTCHESS COUNTY 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 the day of February, 2005, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Council Members - Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Mr. Bettina and seconded by Ms. McCarthy I WHEREAS, the Town of Wappinger owns a 99.5 acre estate located on Wheeler Hill Road within the Town, commonly known as the "Carnwath Estate"; and WHEREAS, the Estate contains a number of buildings, including a very large dormitory building previously used and occupied by the "Greystone Programs"; and WHEREAS, the dormitory building is a four story building and contains approximately 10,000 square feet of interior space suitable for multitude of uses including general office, administrative, storage, large rooms of sufficient size for interior recreational purposes, large rooms suitable for displays/museum purposes and other governmental, quasi -governmental and charitable purposes; and 9 O:=appingeffown BOard1RESOLUTIOMCamwath-Sports License.doc WHEREAS, the dormitory building is presently vacant and is not needed for any governmental or quasi -governmental purposes and is otherwise available for use by a third -party; WHEREAS, the Sports Museum of Dutchess County has requested permission from the Town Board to rent a portion of the dormitory building for the purposes of conducting a sports museum for the purposes of displaying sports artifacts and memorabilia of Dutchess County athletes and athletic events; and WHEREAS, the Town Board hereby determines it is in the public interest to authorize the use of a portion of the dormitory building at Carnwath Estate for a sports museum, which use is consistent with the uses and purposes for which the Carnwath Estate was originally purchased; and WHEREAS, the proposed portion of the dormitory building to be occupied by the Sports Museum of Dutchess County is not otherwise needed for other governmental purposes of the Town of Wappinger; and WHEREAS, the Town of Wappinger wishes to enter into a Revocable License Agreement with Sports Museum of Dutchess County in substantially the same form as attached hereto; and WHEREAS, the Town Board determines that the enactment of this Resolution is a Type U action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board that requires review pursuant to the Review Act (SEQRA) or pursuant to pursuant to 6 NYCRR Part 617. expressly determines that this action is not an action of the New York State Environmental Quality 117 of the Code of the Town of Wappinger or 2 0:1Wappingeffown Board%RESOLUTIONICarnwath-Spprts License.doc NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth -are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes and grants a revocable license to Sports Museum of Dutchess County to use portions of the Carnwath Estate for the purposes of conducting a sports museum and displaying sports artifacts and memorabilia of Dutchess County athletes and athletic events in accordance with the Revocable License Agreement attached hereto. 3. The terms of the license are 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 Carnwath Estate occasioned by the use of the property pursuant to the 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, 3 0:1Wappingeffown Board\RESOLUTIONICarnwath-Sports License.doc as well as for 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 S 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. 4 O:1Wappingeffown Board%RESOLUTION%Carnwath-Sports License.doc 4. The Town Board expressly determines that the revocable license authorized and granted herein: (a) isnot 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 heretofor made to others; and (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. 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. 6. 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. 5 O:1Wappingeffown Board\RESOLUTIOMCamwath-Sports License.doo The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting ROBERT L. VALDATI, Councilman Voting VINCENT F. BETTINA, Councilman Voting JOSEPH P. PAOLONI, Councilman Voting MAUREEN MCCARTHY, Councilwoman Voting Dated: Wappingers Falls, New York February, 2005 Aye Aye Ave Aye Aye The Resolution is hereby duly declared adopted. 6 OAWappingeffown BoardIRESOLUTION1Carnwath-Sports License.doc REVOCABLE LICENSE AGREEMENT FOR THE SPORTS MUSEUM OF DUTCHESS COUNTY THIS REVOCABLE LICENSE AGREEMENT entered into this day of February, 2005 by and between: TOWN OF WAPPINGER, a Municipal Corporation, with its principal office located at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590 (hereinafter referred to as the "TOWN") and SPORTS MUSEUM OF DUTCHESS COUNTY, with an address of P.O. Box 7, Poughkeepsie, New York 12602 (hereinafter referred to as the "SPORTS MUSEUM ") WITNESSETH: WHEREAS, the Town of Wappinger owns a 99.5 acre estate located on Wheeler Hill Road within the Town, commonly known as the "Carnwath Estate"; and WHEREAS, the Estate contains a number of buildings, including a very large dormitory building previously used and occupied by the "Greystone Programs"; and WHEREAS, the dormitory building has 4 floors and contains approximately 10,000 square feet of interior space suitable for multitude of uses including general office, administrative, storage, large rooms sufficient size for interior recreational purposes, large rooms suitable for displays/museum purposes and other governmental, quasi -governmental and charitable purposes; and 0AWappingerMwn BoarMamwath faa Greystone\Sports MuseumlAGREEMENT.doc WHEREAS, the dormitory building is vacant and presently is not needed for any governmental or quasi -governmental purposes and is otherwise available for use by a third -party; and WHEREAS, the SPORTS MUSEUM, has requested permission from the Town Board to rent a portion of the dormitory building for the purposes of conducting a sports museum for the purposes of displaying sports artifacts and memorabilia of Dutchess County athletes and athletic events; and WHEREAS, the Town Board hereby determines that the proposal to utilize a portion of the dormitory building at Carnwath Estate is consistent with the uses and purposes for which the Camwath Estate was originally purchased and that the proposed portion of the dormitory building to be occupied by the SPORTS MUSEUM is not otherwise needed for other governmental purposes of the TOWN; and WHEREAS, The Town Board determines that the enactment of the this Resolution is a Type H action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappimger 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. NOW, THEREFORE, BE IT RESOLVED, the TOWN and the SPORTS MUSEUM, for the consideration hereinafter set forth, do hereby mutually covenant and agree as follows: 2 0AWappinger\Town Boar&Camwath fna Greystone\Sports MuseumlAGREEMENT.doc Recitations Incorporated. The recitations above set forth are incorporated in this REVOCABLE LICENSE AGREEMENT as if fully set forth and recited herein. 2. Premises Licensed. The TOWN hereby licenses to SPORTS MUSEUM a portion of the building known as the dormitory building located at Carnwath Estate a portion of the building which is more particularly described on Schedule "A" attached hereto and made apart hereof. The SPORTS MUSEUM shall use the licensed premises for a Sports Museum and related civic and cultural activities and for such other uses as the TOWN may approve from time to time hereafter. 3. Consideration. This REVOCABLE LICENSE AGREEMENT has been granted to the SPORTS MUSEUM on the condition that the SPORTS MUSEUM pay a monthly usage charge of Five Hundred Dollars ($500.00) per month payable on the first day of each month hereafter, until this REVOCABLE LICENSE AGREEMENT is terminated and/or revoked pursuant to provisions hereinafter set forth. The SPORTS MUSEUM will be authorized to occupy the premises described in Schedule "1" immediately upon execution of this REVOCABLE LICENSE AGREEMENT in compliance with the terms and conditions set forth in this REVOCABLE LICENSE AGREEMENT. The first month's usage fee shall be prorated from the date this REVOCABLE LICENSE AGREEMENT is exercised to the end of the month. 4. Api3roval of Town. Any and all programs and activities as well as any fees to be charged to the general public in connection with any programs, displays or activities to be conducted by the SPORTS MUSEUM shall be subject to the prior approval of the Town Board. 3 O:%Wappinger\Town BoardlCamwath fna Greystone%ports MuseumUCTREE.MENT.dor 5. Insurance. 5.1 Casualty Insurance. At all times during the REVOCABLE LICENSE AGREEMENT, the SPORTS MUSEUM, at its own cost and expense, shall maintain in effect policies of casualty insurance covering. (a) all alterations made by the SPORTS MUSEUM and all leasehold improvements; and (b) all of the SPORTS MUSEUM'S property and other personalty from time to time in, on or about the premises, in an amount not less than their full replacement costs (without deduction for depreciation) from time to time during the term of this REVOCABLE LICENSE AGREEMENT. Such policies shall contain clauses providing that the amount of coverage shall be increased automatically by two and one- half percent (2.5%) at the end of each calendar quarter, which rate of increase may be revised from time to time at the TOWN request. Such policies shall provide for protection against any perils normally included within the classification of "All Risks", and shall contain an endorsement covering: demolition and increased cost of construction; water damage; vandalism and malicious mischief; liability for changes in Laws. The proceeds of such insurance shall be used for the repair or replacement of the property so incurred, except that upon termination of this REVOCABLE LICENSE AGREEMENT following a casualty as set forth herein, the proceeds applicable to the items described in Clause (a) above shall be paid to the TOWN, and O:%Wappinger%Town Soard\Camwath fna Greystone\Sports Museum1AGREEMENT.doC the proceeds applicable to the items described in Clause (b) above shall be paid to the SPORTS MUSEUM. 5.2 Public Liability and Property Damage Insurance. At all times during the REVOCABLE LICENSE AGREEMENT, the SPORTS MUSEUM, at its own cost and expense, shall maintain Comprehensive General Liability Insurance (including property damage) with respect to the ownership, maintenance, use, operation and condition of the premises and the business conducted therein. Such insurance shall at all times have limits of not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage liability. At the TOWN'S request, these limits shall be increased from time to time during the REVOCABLE LICENSE AGREEMENT term (but not more often than once every two years) to such higher limits as the TOWN or its insurance consultant believe are necessary to protect the TOWN. The amount of such insurance shall not limit the SPORTS MUSEUM'S liability not relieve the SPORTS MUSEUM of any obligation hereunder. Each policy shall contain cross liability endorsements, if applicable, and shall insure the SPORTS MUSEUM'S performance of indemnity provisions contained in Paragraph 7 hereof and elsewhere in this REVOCABLE LICENSE AGREEMENT and any other obligations of SPORTS MUSEUM to the TOWN hereunder. 5 0:%WappingerMwn.Boar&Camwath fna GreystonelSports MusewnlAGREEMENT.doc 5.3 Policy Reg uirements. (a) All insurance required to be carried by the SPORTS MUSEUM hereunder shall be issued by responsible insurance companies, qualified to do business in the State of New York, approved by the TOWN and, if required, by the TOWN'S bondholder. Copies of all policies and certificates therefore shall be delivered to the TOWN at least ten (10) days prior to the SPORTS MUSEUM'S occupancy of the premises. Each policy shall provide that it may not be cancelled or modified except after thirty (3 0) days' prior written notice to the TOWN and, if applicable, the TOWN'S bondholder named as an additional insured or loss payee thereunder. The SPORTS MUSEUM shall furnish the TOWN with renewals or "binders" of each policy, together with evidence of payment of the premium therefor, at least thirty (30) days prior to expiration. The SPORTS MUSEUM shall have the right to provide insurance coverage pursuant to blanket policies obtained by SPORTS MUSEUM if the blanket policies expressly afford coverage as required by this REVOCABLE LICENSE AGREEMENT. Each policy shall provide that all losses shall be settled in the name of the TOWN (or, if required, the TOWN'S bondholder) only. (b) The TOWN shall be named as additional insured in each insurance policy and, if requested by the TOWN, it also shall be named as loss payee. The Comprehensive General Liability Insurance shall: apply 31 O:IWappinger\Town Board\Ca-wath fna Greystone\Sports Museum\AGREEMENT.doe severally to the TOWN, and the SPORTS MUSEUM, cover each of them as if separate policies had been issued to each of them; not contain provisions affecting any rights which any of them would have had as claimants if not named as insureds; be primary insurance and not considered contributory, with any other valid and collectible insurance available to the TOWN constituting excess insurance; and be endorsed as necessary to cover the foregoing requirements. (c) Each policy of All Risk Coverage which the SPORTS MUSEUM obtains for the premises, and which the TOWN obtains for the building, shall include a clause or endorsement denying the insurer any right of subrogation against the other party hereto to the extent that rights have been waived by the insured party prior to the occurrence of injury or loss. The TOWN and the SPORTS MUSEUM each waive any rights of recovery against the other for injury or loss due to hazards covered by its own insurance, to the extent of the injury or loss is covered thereby. 5.4 The Sports Museum's Failure to Deliver Policies. If SPORTS MUSEUM fails to deliver copies of the insurance policies and evidence of payment therefor, the TOWN may, but shall not be obligated to, obtain the required insurance, and the cost thereof, together with an administrative fee shall be payable by the SPORTS MUSEUM to the TOWN on demand. Nothing in this paragraph shall be deemed to be a waiver of any rights or remedies available to the TOWN under this REVOCABLE LICENSE AGREEMENT 7 O:Iwappinger%Town Boar&Camwath fna Greystme\Sports MuseumMTREEMENT.doc or at law or in equity if the SPORTS MUSEUM fails to obtain and deliver the required insurance policies and evidence of payment. 6. Plate Glass Insurance. The SPORTS MUSEUM shall at its own cost and expense procure and maintain plate glass insurance coverage covering all plate glass/window glass in the licensed premises and pay the premiums thereon. The SPORTS MUSEUM shall deliver a copy of such policy to the TOWN who shall be named as a Co -Insured thereon. 7. Indemnification. During the entire term of the Lease, the SPORTS MUSEUM will indemnify, save and hold harmless the TOWN from and against any and all claims, debts, demands, or obligations which may be made against the TOWN or against its title in the premises, arising out of, or in connection with any alleged act or omission of the SPORTS MUSEUM or any person claiming under, by or through the SPORTS MUSEUM in the use of the premises. If it becomes necessary for the TOWN to defend any action seeking to impose such liability, the SPORTS MUSEUM will pay to the TOWN all costs of court and reasonable attorneys' fees incurred by the TOWN in effecting such defense in addition to all other sums that the TOWN may be called upon to pay by reason of the entry of a judgment against it in the litigation in which such claim is asserted. This clause shall not apply to any conditions or events that existed prior to the SPORTS MUSEUM occupying the subject premises. S. Term of License. This REVOCABLE LICENSE AGREEMENT shall commence immediately upon execution this REVOCABLE LICENSE AGREEMENT by both parties and shall continue thereafter until it is terminated and/or revoked as 0:1Wappinger\Town $oard\Camwath fna Greystonelsports Museum\AGREEMENT.doc hereinafter set forth or until there is a breach or a failure to comply with the terms and conditions required of the SPORTS MUSEUM. 9. Termination of License: The TOWN may terminate this REVOCABLE LICENSE AGREEMENT upon thirty (30) days written notice to the SPORTS MUSEUM. Said written notice shall be delivered by certified mail return receipt requested, or by a nationally recognized overnight delivery service company or by personal service to any of its duly appointed Members of its Board of Trustees. At the conclusion of the thirty (30) day notice, the revocable license shall be deemed terminated and shall be of no further force and effect. During the thirty (30) day notice of termination, the SPORTS MUSEUM, at its own cost and expense, shall remove all of its personal property, belongings and equipment, as well as repair any and all damage to the premises occupied by it pursuant to this REVOCABLE LICENSE AGREEMENT. 10. Compliance with Applicable Law. All equipment, structures and property authorized to be used pursuant to this REVOCABLE LICENSE AGREEMENT shall be used, operated, maintained and repaired so as to be in compliance with all applicable statutes, laws, ordinances, local laves, codes, rules and regulations of the Town of Wappinger or any other federal or state agency having jurisdiction thereof and shall be in substantial compliance with the description of the proposed operation thereof as referenced in the Resolution of the Town Board authorizing this license to Sports Museum. 11. Notices. All notices required by this instrument must be in writing, and must be personally delivered or deposited in a mail receptacle maintained by the United States Postal Service. A mailed notice must be contained in an accurately addressed, 0 0:lwappinger\Town BoardlCarnwath fna GreystonelSports MuseumlAGREEMENT. doe sealed envelope, marked for delivery by first class certified mail return receipt requested, with sufficient prepaid postage affixed and with return receipt requested. Notices to TOWN and SPORTS MUSEUM shall be addressed to their respective addresses as set forth above, or to such other addresses as they may designate by notice given in accordance with this paragraph and to either of their attorneys as they may from time to time designate by notice given in accordance with this paragraph. Notice shall be deemed given and received as of the date of its personal delivery or the date of its mailing in accordance with this paragraph. Upon occupancy of the subject premises, notices to the SPORTS MUSEUM shall be given at the address of the premises as identified by the U.S. Postal Service. 12. Clarification of License. The revocable license granted herein is: (1) not a conveyance of real property; (2) subject to grants, conveyances, covenants and restrictions, easements and rights -of -ways heretofor made to others; and (3) subject to the following rights, which the TOWN hereby reserves, unto itself: L to use and enjoy the remaining portions of the dormitory building identified in Schedule "1" as well as to use and enjoy the remaining lands of the Carnwath Estate to be used in any manner that does not unreasonably interfere with the license herein granted to the SPORTS MUSEUM; and ii. to grant and convey leases, licenses, and authority to use the remaining portions of the dormitory as well as to otherwise authorize groups, persons and individuals to use the parking facilities and related common areas of the Carnwath Estate. 10 o:lWappinger\Town Board%Carnwath fna Greystone\Sports MuseumlAGREEMENT.doc 13. Maintenance. In exercising the rights herein granted, the SPORTS MUSEUM shall: (1) repair any damage to the TOWN'S property; (2) replace and restore all licensed grounds, materials and equipment to the same condition as existed as of the date of execution of this REVOCABLE LICENSE AGREEMENT. 13.1 Town's ObliIzations, The TOWN shall keep, maintain and keep the roof and structural portions of the leased premises in operating order and condition. The TOWN, at its own expense, shall also maintain the exterior of the building, the adjoining grounds, sidewalks, curbs, parking area, landscaping and access roads, except for plate glass/ window glass cleaning. All repairs, replacements and renewals shall be at least equal in quality of materials and workmanship to that which is presently located within the licensed premises. The TOWN shall provide snow plowing and ice removal only for the access roads and parking areas. 13.2 Snort Museum's Obliiations. The SPORTS MUSEUM, at its sole cost and expense, will maintain and take good care of the interior of the leased premises, fixtures, and appurtenances, alterations and additions, and shall promptly make all necessary repairs and replacements to the interior of the leased premises, as and when necessary, except those of a structural nature. If SPORTS MUSEUM defaults in making such repairs or 11 O:%Wappinger\Town Board\Camwath fna GreystonelSports Mnseurn AGREEMENT.doe 9 replacements, the TOWN may make them on SPORTS MUSEUM'S account, and all expenses thereof shall constitute and be collectable as additional license fee. 13.3 Alteration. Any renovation or alteration to the demised premises is expressly prohibited without the express written consent of the TOWN, which consent will not be unreasonably withheld. 14. Public Access. At all times, there shall be public access to the property known as the Carnwath Estate, except that access to those areas of the Carnwath Estate customarily used for administrative, maintenance, safety and public health purposes, may be restricted by Resolution of the Town Board. The Town Board reserves the right to promulgate rules and regulations regarding hours of use by the SPORTS MUSEUM and the public. 15. Inspection. The SPORTS MUSEUM and its authorized agents, employees and representatives shall have the right to enter the property upon reasonable notice to the TOWN, at such times during normal business hours and in such manner as will not unnecessarily interfere with the TOWN'S use of the property in accordance with this REVOCABLE LICENSE AGREEMENT, to examine and inspect the property to ensure there are no violations, breaches or defaults of any term, provision, covenant or obligation on the SPORTS MUSEUM'S part to be observed or performed under this REVOCABLE LICENSE AGREEMENT, 16. The Town's Richt Of Entry. The SPORTS MUSEUM shall permit the TOWN at all reasonable and proper times and on reasonable notice to enter the premises for the purposes of inspection; and suffer the TOWN to make repairs and improvements 12 o:\Wappinger\Town Board\Camwath fna Greystone\Sports Museum\AGREEMENTAne to all parts of the building and to comply with all governmental orders and requirements applicable to the building. The TOWN, in exercising its rights under this clause shall not unreasonably interfere with the SPORTS MUSEUM'S access, use and occupancy of the premises. 17. Survival. The provisions of this REVOCABLE LICENSE AGREEMENT shall survive any termination by the TOWN of this REVOCABLE LICENSE AGREEMENT. The SPORTS MUSEUM shall at all times hereinafter be bound by and shall comply with all of the provisions of this REVOCABLE LICENSE AGREEMENT. 18, Assignment Prohibited. The SPORTS MUSEUM shall not assign this REVOCABLE LICENSE AGREEMENT, or any of its rights, privilege or interest herein without the express, prior written consent of the TOWN. 19. Applicable Laws. This REVOCABLE LICENSE AGREEMENT shall be construed in accordance with the laws of the State of New York, and constitutes the complete understanding and REVOCABLE LICENSE AGREEMENT of the parties. 20. Modification. No change, modification, or waiver of any term of this Agreement shall be valid unless it is in writing and signed by both Parties. 21. Entire Agreement. This written REVOCABLE LICENSE AGREEMENT, when signed by both Parties, forms the REVOCABLE LICENSE AGREEMENT between the Parties and replaces and supersedes all prior Agreements or understandings between the Parties. 22. Waiver. No waiver of any breach of any condition of the REVOCABLE LICENSE AGREEMENT shall be binding unless in writing and signed by the party 13 O:IWappinger\Town Board\Camwathfna GreystonelSports Museum\AGREEMENT.doe waiving such breach. No such waiver shall in any way affect any other term or condition of this REVOCABLE LICENSE AGREEMENT or constitute a cost or excuse for repetition of such or any other breach unless the waiver shall include the same. 23. Successors and Assigns. This REVOCABLE LICENSE AGREEMENT shall apply to and bind the successors and heirs, administrators and executors of the parties. 24. . Schedules. All of the schedules annexed hereto shall be deemed to be and the same are hereby made a part hereof. 25. Construction. This REVOCABLE LICENSE AGREEMENT shall be governed by, and construed and enforced in accordance with, the laws of the State of New York and without the aid of any canon, custom or rule of law requiring construction against the draftsman. IN WITNESS WHEREOF, the parties have each executed this REVOCABLE LICENSE AGREEMENT and have caused their corporate seals to be affixed hereto the day and date first above written. TOWN OF WAPPINGER (Seal of the Town of Wappinger) By: Gloria Morse, Town Clerk (Seal of Sports Museum of Dutchess County) Secretary Joseph Ruggiero, Supervisor SPORTS MUSEUM OF DUTCHESS COUNTY 14 0:1WappingerlTown Board\Camwath fna Greystone\Sports MuseumlAGREEMENT.doc President SPOIJ TS M USE UM. Post {Jf icc Box 7 Of Divi the rs CO (sncy Poughkeepsie NY 12N)? Ms. Constance Smith May 10, 2000 Town of Wappinger 20 Middlebush Rd Wappinger Falls ,N. Y 12594 RECEIVED Dear Supervisor: MAY 15 2000 TOWN OF W4p' OFFICE Re: Sports Museum SiteEp Over the years, Dutchess County has been recognized as a place that has produced some wonderful athletes and has seen the value of having in place athletic programs that encompass most sporting endeavors. We are proud of this heritage as well as we should be. To make sure that the history of the many accomplishments Dutchess County has made to sports the Sports Museum of Dutchess County was established. This museum has been kept alive by some very dedicated people. It is now our hope to set up this function in a more permanent fashion. We are ready to move forward to establish a permanent home. In order for this to happen, we seek your help. Since many Dutchess county towns, cities and hamlets are undergoing changes in growth as well as preservation of the past, we at this time are seeking your help in asking for any facilities (building/property or both) available within your domain that we might be able to take over rejuvenate and maintain to make our dream become a reality. We feel that being able to display our many items of memorabilia in a true museum arrangement would permit more residents of Dutchess County to see up close the sports heritage of our county and would also generate interest for the many tourists visiting our Hudson Valley historic area. Please heli us. Please take a moment and think of all the good that sports have done over the years in this county and what it would mean to your town to be the home for displaying this heritage .again please help us to make this become a reality. I,,f`you have any questions please contact me at (914) 297-7426. Thank you. Contact: Joseph J. Ennesser (Building Fundraising Chr.) 8 Mohawk Dr. Wappinger Falls, N. Y. 12590 Tel # 91.4-297-7026 Home # 914-297-5164 Office Email - joeennesser@prodigy.net General: Board of Trustees Profile Museum board of trustees is made up of members from the Federation of Dutchess County Fish & Game Club, Dutchess County's men's & women's bowling association, men's & women's slow and fast pitch softball leagues, 'Old Timers Baseball Association, golf, tennis and archery. Besides participation in these sport groups at one time or another you will find that some have retired while others continue their daily routines. Backgrounds include IBM Engineering & Financial, N.Y. State Dept of Transportation, Poughkeepsie Journal, Law practice, Private Businesses such as Construction, Plumbing /Heating, and Electrical contractor just to name a few SUPERVISOR CHRISTOPHER J. COLSEY July 18, 2008 TOWN OF WAPPINGER SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-2744 FAX: (845) 297-4558 Joseph Ennesser The Sports Museum of Dutchess County PO Box 7 Poughkeepsie NY 12602 TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI RE: September 13 -- Poughkeepsie Brewers Reunion: October 5 — Induction Dinner (Elks Club, Poughkeepsie) Dear Mr. Ennesser: Thank you for your communication with advice on the upcoming events occurring through the Sports Museum of Dutchess County. I have placed both on my calendar. By copy of this letter, I will extend the invitations to the Town Board, as I am sure they would wish to either attend or pass such information along to their constituents. Ralph Holt is aware of the September 13 event, and is scheduling the regular grounds maintenance accordingly. T you. T" --k Christopher Colsey, Supervisor Town of Wappinger Cc: Town Board Town Clerk Highway Superintendent Ralph Holt, Recreation Director n -�;._.. �� RE E I VE 1) .IAN '� it 2003 'TOWN CLERK TOWN SUPERVISOR Christopher J. Colsey SECRETARY Inez Maldonado 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 W W W.TO WNOFWAPPINGER.US (845) 297-4158 - Main (845) 297-2744 - Direct (845)297-4559—Fax March 29, 2010 TOWN OF WAPPINGER Office of the Town Supervisor TOWN BOARD William H. Beale Vincent Bettina Ismay Czarnecki Joseph P. Paoloni TOWN CLERK Chris Masterson HIGHWAY SUPERINTENDENT Graham Foster CONFIDENTIAL MEMO — PENDING ATTORNEY ADVICE TO: Hon. William Beale Hon. Vincent Bettina Hon. Ismay Czarnecki Hon. Joseph Paoloni Cc: Albert Roberts, Esq. RE: Request from Sports Museum The attached letter may have reached you under separate cover. I will be adding this topic to the next Town Board agenda for your input. It is accurate that the Sports Museum is currently unable to continue their operations, first due to the snow conditions and then related to the consequences of the snow; namely, trees that created significant damages to the site power lines. This condition is expected to continue through mid-April. I have taken the liberty to copy the Town Attorney on this memo to offer advice as to our obligation to honor the request as such arises out of a natural occurrence, not the negligence of the Town. Please remember in your consideration that the cost to house the Sports Museum greatly exceeds their annual lease rate. Thank you, Christopher Colsey, Supervisor Town of Wappinger �r i ne Sports Museum I<x P.O. Box 7 Of Dutchess CountyPhone 845) 298-9i7OO Poughkeepsie, r'M : r r eumdcny.org Fax: (845) 473-3302 EMAIL: DCSportsmuseum@aol.com :Board of Directors President Mr Chris Colsey ,Supervisor March 26,2014 John Flanagan Tien of Wappinger Vice President 20 Middlebush Rd. Janes Doxsey secretary Wappinger Falls, N. Y. 12590 William Doxsey Ken Roser Ref: March storm damage Carnwath Farms Curator Bill Emslic DearSupervisor; Trustee Chairman Bill Porte As a trustee and member of the Sports Museum I am asking the town on behatf of all our museum officers for you and the SPONSORSthe board to give us relief from our monthly rent far the month N & s Supply of March and it looks life the month of April We have not been RTGProfessional able to open or gain access since March 10, 21714: In addition to Services, Inc. the loss of power, we were also informed not to use the building -` ------ ------- drinking water. As a result of the lack of building services and as Hudsondsonwe all are stru in tnancato keep , Pontiac Buick SMC gglg� ill y .�' our heads above waterwe ------------------------ are requesting your help in this matter. Marshall & Sterling Insurance ------------------------ Sincerel Central Hudson' Gas & Electric Corp' ------------------------ o se Ennesser Trustee Creative Caterers of,Sp is Museum of D. C. The Hudson Valley C"c; .R'.J.Holt Rec Ch r. ------------------------ Fisher Machine Town Board Members Company, Inc. Chris Materson Town Clerk ------ Foam & wash Win. Emslie Curator Wells Fargo Home Mortgage Time warner Cable TOWN SUPERVISOR Christopher J. Colsey SECRETARY Inez Maldonado 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY I2590 W W W.TOWNOF WAPPINGER.US (845) 297-4158 - Main (845) 297-2744 - Direct (845) 297-4558 — Fax March 29, 2010 TOWN OF WAPPINGER Office of the Town Supervisor William Emslie, Museum Curator The Sports Museum of Dutchess County PO Box 7 Poughkeepsie NY 12601 RE: Town of Wappinger Carnwath Farms Park Request for Waiver of Rent Dear Mr. Emslie: TOWN BOARD William H. Beale Vincent Bettina Ismay Czarniecki Joseph P. Paoloni TOWN CLERK Chris Masterson HIGHWAY SUPERINTENDENT Graham Foster The attached letter from Museum Trustee Joe Ennesser is acknowledged. If the Town deems it appropriate to offer a waiver of rent payments for the Museum, it must be done at a public meeting, and not unilaterally by the Town Supervisor. As such, this topic shall appears on the April 12, 2010 agenda for Town Board consideration. I trust you will share this with your Board. Thank you, Christopher Colsey, Supervisor Town of Wappinger CC: Hon. William Beale Hon. Vincent Bettina Hon. Ismay Czarniecki Hon. Joseph Paoloni Ralph Holt, Recreation ne Sports Museum P.O.OfDutchess Coyziv Poughkeepsie, N.Y. Board of Directors President John Flanagan Vice President James Doxsey Secretary William Doxsey Treasurer Ken Rose Curator Bill Emslie Trustee Chairman Bill Ponte SPONSORS N & S Supply RTG Professional Services, Inc. -------------------- Hudson Pontiac Buick GMC --------------------- Marshall & Sterling Insurance Central Hudson Gas & Electric Corp Creative Caterers of The Hudson Valley Fisher Machine Company, Inc. ----------------------- Foam & Wash -------------------- Wells Fargo Home Mortgage Time Warner Cable 12602 WEBSITE: Sportsrnii wndcnxr EMAIL: DCSportsmuseum@aol.com Mr Chris Colsey Supervisor March 26,2010 Town of Wappinger 20 Middlebush RIL Wappinger Falls, N. K 12590 Ref.- March storm damage @ Carnwath Farms Dear Supervisor; Phone (845) 298-9700 Fax: (845) 473-3302 As a trustee and member of the Sports Museum I am asking the town on behalf of all our museum officers for you and the town board to give us relief from our monthly rent for the month of March and it looks like the month of April We have not been able to open or gain access since March 10, 2010. In addition to the loss ofpower, we were also informed not to use the building drinking water. As a result of the lack of building services and as we all are struggling financially to keep our heads above water,we are requesting your help in this matter. Sincerel ose Ennesser Trustee \Sp is Museum of D. C. Cc; R.J.Holt Rec Ch r. Town Board Members Chris Materson Town Clerk Wm. Emslie Curator -j ne orts Museum m P.Oox 7 Dutchess Poughkeepsie, N.Y. 12602 WEBSITE: �r ,_ Board of Directors President John. Flanagan Vice President James Doxsey Secretary William Doxsey Treasurer Ken Rose Curator Bill Emslie Trustee Chairman Bill. Ponte N & S Supply RTG Professional Services, Inc. Hudson Pontiac :Buick GMC Marshall & Sterling Insurance ----------------------- Central Hudson Gas & Electric Corp Creative Caterers of The Hudson Valley ----------------------- ��rr Fisher Machine Company, Inc. Foam & Walsh Wells Fargo Home Mortgage Time Warner Cable Mr Chris Colsey ,Supervisor March 26,2010 Town of Wappinger 20 Middlebush Rd iW appinger Falls, N. Y. 12590 Ref- March storm damage Carnwath .Farms Bear Supervisor; Phone (845) 298-9700 Fax: (845) 473-3302 As a trustee and ,member of the Sports Museum I am asking the town on beha rof all our museum officers far you and the town board to give us relief from our monthly rent for the month ofMarch arch and it looks like the month of Aprit We have not been able to open or gain access since March 10, 2010. In addition to the loss of power, we were also informed not to use the building drinking water. As a result of the lack of building services and as we all are struggling financially to keep our heads above water, we are requesting your help in this matter. Sincerely ase Ennesser Trustee Cc 1. J.Holt Ilec Chr. Town Board Members Chris Materson Town Clerk Wim Ems& Curator Museum of D.C. REVOCABLE LICENSE AGREEMENT FOR THE SPORTS MUSEUM OF DUTCHESS COUNTY THIS REVOCABLE LICENSE AGREEMENT entered -into this day of March, 2005 by and between: TOWN OF WAPPINGER, a Municipal Corporation, with its principal office located at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590 (hereinafter referred to as the "TOWN") and SPORTS MUSEUM OF DUTCHESS COUNTY, with an address of P.O. Box 7, Poughkeepsie, New York 12602 (hereinafter referred to as the "SPORTS MUSEUM WITNESSETH: WHEREAS, the Town of Wappinger owns a 99.5 acre estate located on Wheeler Hill Road within the Town, commonly known as the "Carnwath Estate"; and WHEREAS, the Estate contains a number of buildings, including a very large dormitory building previously used and occupied by the "Greystone Programs"; and WHEREAS, the dormitory building has 4 floors and contains approximately 10,000 square feet of interior space suitable for multitude of uses including general office, administrative, storage, large rooms sufficient size for interior recreational purposes, large rooms suitable for displays/museum purposes and other governmental, quasi -governmental and charitable purposes; and 0AWappingeffown Board\Camwath fila Greystonelsports Museum\AGREEMENT-dac SCHEDULE "1" WHEREAS, the dormitory building is vacant and presently is not needed for any governmental or quasi -governmental purposes and is otherwise available for use by a third -party; and WHEREAS, the SPORTS MUSEUM, has requested permission from the Town Board to rent a portion of the dormitory building for the purposes of conducting a sports museum for the purposes of displaying sports artifacts and memorabilia of Dutchess County athletes and athletic events; and WHEREAS, the Town Board hereby determines that the proposal to utilize a portion of the dormitory building at Carnwath Estate is consistent with the uses and purposes for which the Carnwath Estate was originally purchased and that the proposed portion of the dormitory building to be occupied by the SPORTS MUSEUM is not otherwise needed for other governmental purposes of the TOWN; and WHEREAS, The Town Board determines that the enactment of the 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. NOW, THEREFORE, BE IT RESOLVED, the TOWN and the SPORTS MUSEUM, for the consideration hereinafter set forth, do hereby mutually covenant and agree as follows: 0 O:1Wappinger%Town Boar6Camwath fna Greystone\Sports MuseumlAGREEMENT.doc Final —March 10, 2005 1. Recitations Incorporated. The recitations above set forth are incorporated in this REVOCABLE LICENSE AGREEMENT as if fully set forth and recited herein. 2. Premises Licensed. The TOWN hereby licenses to SPORTS MUSEUM a portion of the building known as the dormitory building located at Carnwath Estate a portion of the building which is more particularly described on Schedule "A" attached hereto and made a part hereof. The SPORTS MUSEUM shall use the licensed premises for a Sports Museum and related civic and cultural activities and for such other uses as the TOWN may approve from time to time hereafter. Consideration. This REVOCABLE LICENSE AGREEMENT has been granted to the SPORTS MUSEUM on the condition that the SPORTS MUSEUM pay a monthly usage charge of Five Hundred Dollars ($500.00) per month payable on the first day of each month hereafter, until this REVOCABLE LICENSE AGREEMENT is terminated and/or revoked pursuant to provisions hereinafter set forth. The SPORTS MUSEUM will be authorized to occupy the premises described in Schedule "A!' immediately upon execution of this REVOCABLE LICENSE AGREEMENT in compliance with the terms and conditions set forth in this REVOCABLE LICENSE AGREEMENT. The first month's usage fee shall be prorated from the date this REVOCABLE LICENSE AGREEMENT is exercised to the end of the month. 4. Approval of Town. Any and all programs and activities as well as any fees to be charged to the general public in connection with any programs, displays or activities to be conducted by the SPORTS MUSEUM shall be subject to the prior approval of the Town Board. 3 o:lWappinger\Towu Board\Camwath iiia Greystone\Sports MuseumWGREEMENT.doc Filial — March 10, 2005 5. Insurance. 5.1 Casualty Insurance. At all times during the REVOCABLE LICENSE AGREEMENT, the SPORTS MUSEUM, at its own cost and expense, shall maintain in effect policies of casualty insurance covering all alterations made by the SPORTS MUSEUM and all leasehold improvements. 5.2 Public Liability and Property Damage Insurance. At all times during the REVOCABLE LICENSE AGREEMENT, the SPORTS MUSEUM, at its own cost and expense, shall maintain Comprehensive General Liability Insurance (including property damage) with respect to the SPORT MUSEUM'S maintenance, use, operation and condition of the premises and the business conducted therein. Such insurance shall at all times have limits of not less than S 1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage liability, with excess liability coverage of $1,000,000. At the TOWN'S request, these limits shall be increased from time to time during the REVOCABLE LICENSE AGREEMENT term (but not more often than once every two years) to such higher limits as the TOWN or its insurance consultant believe are necessary to protect the TOWN. The amount of such insurance shall not limit the SPORTS MUSEUM'S liability not relieve the SPORTS MUSEUM of any obligation hereunder. Each policy shall contain cross liability endorsements, if applicable, and shall insure the SPORTS MUSEUM'S performance of indemnity provisions contained in Paragraph El O:\Wappinger\Town Soard\Camwath fna GreystonelSports MuseuTnMREEMENT.doc Final - March 10, 2005 7 hereof and elsewhere in this REVOCABLE LICENSE AGREEMENT and any other obligations of the SPORTS MUSEUM to the TOWN hereunder. 5.3 Policy Requirements. (a) All insurance required to be carried by the SPORTS MUSEUM hereunder shall be issued by responsible insurance companies, qualified to do business in the State of New York, approved by the TOWN. Copies of all policies and certificates therefore shall be delivered to the TOWN at least ten (10) days prior to the SPORTS MUSEUM'S occupancy of the premises. Each policy shall provide that it may not be cancelled or modified except after thirty (30) days' prior written notice to the TOWN. The SPORTS MUSEUM shall furnish the TOWN with renewals or "binders" of each policy, together with evidence of payment of the premium therefor, at least thirty (30) days prior to expiration. The SPORTS MUSEUM shall have the right to provide insurance coverage pursuant to blanket policies obtained by SPORTS MUSEUM if the blanket policies expressly afford coverage as required by this REVOCABLE LICENSE AGREEMENT. Each liability policy shall provide that all losses shall be settled in the name of the SPORTS MUSEUM and TOWN as additional insured. (b) The TOWN shall be named as additional insured in each insurance policy. 5 o:Iwappsnger\Town Board\Camwath fna Greystonelsports MuseumlAGREEMENT.doo Final —March 10, 2005 (c) Each policy of All Risk Coverage which the SPORTS MUSEUM obtains for the premises, and which the TOWN obtains for the building, shall include a clause or endorsement denying the insurer any right of subrogation against the other party hereto to the extent that rights have been waived by the insured party prior to the occurrence of injury or loss. The TOWN and the SPORTS MUSEUM each waive any rights of recovery against the other for injury or loss due to hazards covered by its own insurance, to the extent of the injury or loss is covered thereby. 5.4 The Sports Museum's Failure to Deliver Policies. If SPORTS MUSEUM fails to deliver copies of the insurance policies and evidence of payment therefor, the TOWN may, but shall not be obligated to, obtain the required insurance, and the cost thereof, together with an administrative fee shall be payable by the SPORTS MUSEUM to the TOWN on demand. Nothing in this paragraph shall be deemed to be a waiver of any rights or remedies available to the TOWN under this REVOCABLE LICENSE AGREEMENT or at law or in equity if the SPORTS MUSEUM fails to obtain and deliver the required insurance policies and evidence of payment. 6. Plate Glass Insurance. If there are any glass doors, the SPORTS MUSEUM shall at its own cost and expense procure and maintain plate glass insurance coverage covering all plate glass/window glass in the licensed premises and pay the premiums thereon. The SPORTS MUSEUM shall deliver a copy of such policy to the TOWN. Cl O:IWappinger\Town Board\Camwath fna Greystone\Sports Museum\AGREEMENT.doc Final — March 10, 2005 7. Indemnification. During the entire term of the Lease, the SPORTS MUSEUM will indemnify, save and hold harmless the TOWN from and against any and all claims, debts, demands, or obligations which may be made against the TOWN or against its title in the premises, arising out of, or in connection with any alleged negligent act or omission of the SPORTS MUSEUM or any person claiming under, by or through the SPORTS MUSEUM in the use of the premises. If it becomes necessary for the TOWN to defend any action seeking to impose such liability, the SPORTS MUSEUM will pay to the TOWN all costs of court and reasonable attorneys' fees incurred by the TOWN in effecting such defense in addition to all other sums that the TOWN may be called upon to pay by reason of the entry of a judgment against it in the litigation in which such claim is asserted. This clause shall not apply to any conditions or events that existed prior to the SPORTS MUSEUM occupying the subject premises. 8. Term of License. This REVOCABLE LICENSE AGREEMENT shall commence immediately upon execution this REVOCABLE LICENSE AGREEMENT by both parties and shall continue thereafter until it is terminated and/or revoked as hereinafter set forth or until there is a breach or a failure to comply with the terms and conditions required of the SPORTS MUSEUM. 9. Termination of License. 9.1 The TOWN may terminate this REVOCABLE LICENSE AGREEMENT upon thirty (30) days written notice to the SPORTS MUSEUM. Said written notice shall be delivered by certified mail return receipt requested, or by a nationally recognized overnight delivery service company or by personal 7 OAWappinger\Town Board\Carnwath fna Greystone\Sports Museum\AGREEMENT.doc Final —March 10, 2005 service to any of its duly appointed Members of its Board of Trustees. At the conclusion of the thirty (30) day notice, the REVOCABLE LICENSE shall be deemed terminated and shall be of no further force and effect. During the thirty (30) day notice of termination, the SPORTS MUSEUM, at its own cost and expense, shall remove all of its personal property, belongings and equipment, as well as repair any and all damage to the premises occupied by it pursuant to this REVOCABLE LICENSE Re"81= T142" 9.2 SPORTS MUSEUM may terminate this REVOCABLE LICENSE AGREEMENT on thirty (30) day written notice to the Town upon the same terms as written above. 10. Compliance with Applicable Law. All equipment, structures and property authorized to be used pursuant to this REVOCABLE LICENSE AGREEMENT shall be used, operated, maintained and repaired so as to be in compliance with all applicable statutes, laws, ordinances, local laws, codes, rules and regulations of the Town of Wappinger or any other federal or state agency having jurisdiction thereof and shall be in substantial compliance with the description of the proposed operation thereof as referenced in the Resolution of the Town Board authorizing this license to Sports Museum. 11. Notices. All notices required by this instrument must be in writing, and must be personally delivered or deposited in a mail receptacle maintained by the United States Postal Service. A mailed notice must be contained in an accurately addressed, N. 0AWappingeffown Board\Camwath fna Greystone\Sports Museum\AGREEMENT.doc Final — March 10, 2005 sealed envelope, marked for delivery by first class certified mail return receipt requested, with sufficient prepaid postage affixed and with return receipt requested. Notices to TOWN and SPORTS MUSEUM shall be addressed to their respective addresses as set forth above, or to such other addresses as they may designate by notice given in accordance with this paragraph and to either of their attorneys as they may from time to time designate by notice given in accordance with this paragraph. Notice shall be deemed given and received as of the date of its personal delivery or the date of its mailing in accordance with this paragraph. Upon occupancy of the subject premises, notices to the SPORTS MUSEUM shall be given at the address of the premises as identified by the U.S. Postal Service. is: 12. Clarification of License. The REVOCABLE LICENSE granted herein (1) not a conveyance of real property; (2) subject to grants, conveyances, covenants and restrictions, easements and rights -of -ways heretofor made to others; and (3) subject to the following rights, which the TOWN hereby reserves, unto itself: to use and enjoy the remaining portions of the dormitory building identified in Schedule "1" as well as to use and enjoy the remaining lands of the Carnwath Estate to be used in any manner that does not unreasonably interfere with the license herein granted to the SPORTS MUSEUM; and ii. to grant and convey leases, licenses, and authority to use the remaining portions of the dormitory as well as to otherwise authorize groups, persons and individuals to use the parking facilities and related common areas of the Carnwath Estate. 0J 0:1WappingerlTown RoardlCamwath fna Greystonelsports MuseumlAGREEMENT.doc Final —March 10, 2005 13. Maintenance. In exercising the rights herein granted, the SPORTS MUSEUM shall: {1) repair any damage to the TOWN'S property caused by the SPORTS MUSEUM or its invitees; (2) replace and restore all licensed premises, materials and equipment to the same condition as existed as of the date of execution of this REVOCABLE LICENSE AGREEMENT. Reasonable wear and tear accepted. 13.1 Town's Obligations. The TOWN shall keep, maintain and keep the roof and structural portions of the licensed premises in operating order and condition. The TOWN, at its own expense, shall also maintain the exterior of the building, the adjoining grounds, sidewalks, curbs, parking area, landscaping and access roads, except for plate glass/ window glass cleaning. All repairs, replacements and renewals shall be at least equal in quality of materials and workmanship to that which is presently located within the licensed premises. The TOWN shall provide snow plowing and ice removal only for the access roads and parking i&P* 1 13.2 Sport Museum's Obligations. The SPORTS MUSEUM, at its sole cost and expense, will maintain and take good care of the interior of the licensed premises, fixtures, and appurtenances, alterations and additions, and shall promptly make all necessary repairs and replacements to the interior of the licensed premises, as and when necessary, except those of a structural nature. If 10 0:1Wappinger\Town BoardlCarnwath fna Greystone\Sports Museum\AGREEMENT.doc Final — March 10, 2005 SPORTS MUSEUM defaults in making such repairs or replacements, the TOWN may make them on SPORTS MUSEUM'S account, and all expenses thereof shall constitute and be collectable as additional license fee. 13.3 Alteration. Any renovation or alteration to the demised premises is expressly prohibited without the express written consent of the TOWN, which consent will not be unreasonably withheld or unreasonably delayed. 14. Public Access. At all times, there shall be public access to the property known as the Carnwath Estate, except that access to those areas of the Camwath Estate customarily used for administrative, maintenance, safety and public health purposes, may be restricted by Resolution of the Town Board. The Town Board reserves the right to promulgate rules and regulations regarding hours of use of the licensed premises by the the SPORTS MUSEUM and the public. 15. Inspection. The SPORTS MUSEUM and its authorized agents, employees and representatives shall have the right to enter the property upon reasonable notice to the TOWN, at such times during normal business hours and in such manner as will not unnecessarily interfere with the TOWN'S use of the property in accordance with this REVOCABLE LICENSE AGREEMENT, to examine and inspect the property to ensure there are no violations, breaches or defaults of any term, provision, covenant or obligation on the SPORTS MUSEUM'S part to be observed or performed under this REVOCABLE LICENSE AGREEMENT. 11 o:\Wappinger\Town BoardlCarnwath fna Greystone\Sports Mumim\AGREEMENT.doc Final— March 10, 2005 16. The Town's Right Of Entry. The SPORTS MUSEUM shall permit the TOWN at all reasonable and proper times and on reasonable notice to enter the premises for the purposes of inspection; and suffer the TOWN to make repairs and improvements to all parts of the building and to comply with all governmental orders and requirements applicable to the building. The TOWN, in exercising its rights under this clause shall not unreasonably interfere with the SPORTS MUSEUM'S access, use and occupancy of the premises. 17. Survival. The provisions of this REVOCABLE LICENSE AGREEMENT shall survive any termination by either party to this REVOCABLE LICENSE AGREEMENT. 18. Assignment Prohibited. The SPORTS MUSEUM shall not assign this REVOCABLE LICENSE AGREEMENT, or any of its rights, privilege or interest herein without the express, prior written consent of the TOWN. 19. Applicable Laws. This REVOCABLE LICENSE AGREEMENT shall be construed in accordance with the laws of the State of New York, and constitutes the complete understanding and REVOCABLE LICENSE AGREEMENT of the parties. 20. Modification. No change, modification, or waiver of any term of this Agreement shall be valid unless it is in writing and signed by both Parties. 21. Entire Agreement. This written REVOCABLE LICENSE AGREEMENT, when signed by both Parties, forms the REVOCABLE LICENSE AGREEMENT between the Parties and replaces and supercedes all prior Agreements or understandings between the Parties. 12 Q:IWappinger\Town Board\Camwath fna Greystone\5pons Miiseum\AGREEMENT.doc Final — March 10, 2005 22. Waiver. No waiver of any breach of any condition of the REVOCABLE LICENSE AGREEMENT shall be binding unless in writing and signed by the party waiving such breach. No such waiver shall in any way affect any other term or condition of this REVOCABLE LICENSE AGREEMENT or constitute a cost or excuse for repetition of such or any other breach unless the waiver shall include the same. 23.' Successors and Assigns. This REVOCABLE LICENSE AGREEMENT shall apply to and bind the successors and heirs, administrators and executors of the parties. 24. Schedules. All of the schedules annexed hereto shall be deemed to be and the same are hereby made a part hereof. 25. Construction. This REVOCABLE LICENSE AGREEMENT shall be governed by, and construed and enforced in accordance with, the laws of the State of New York and without the aid of any canon, custom or rule of law requiring construction against the draftsman. IN WITNESS WHEREOF, the parties have each executed this REVOCABLE LICENSE AGREEMENT and have caused their corporate seals to be affixed hereto the day and date first above written. (Seal of the Town of Wappinger) Gloria Morse, Town Clerk TOWN OF WAPPINGER Bv: 13 Joseph Ruggiero, Supervisor O:IWappinger\Town Boar&Camwath fna Greystone\Sports Wseum\AGAEEMENT.doc Final — March 10, 2005 SPORTS MUSEUM OF DUTCHESS COUNTY (Seal of Sports Museum of By: Dutchess County) Secretary 14 O:%Wappinger\Town Soar&Camwath fns Greystonelsports Museum\AGREEMENTAoc Final — March 10, 2005 President - jND7l: K'l11J.■ �A rJ7r+. •6 wyLL ru Rr MlNJI..! _ CA4VLLICN, aAJA 5,a ZG MC MdA-1-1./ - - � 'dcYll[ YO b.Jr l��GHIC.o NtW C:JVJA.JA/GA .4 NaT-0 .ON.«YO. CLa. L-AAh1� L/.ti'L 4l� I S t:ra:..W/ry C.d,—rAAL .DN iNli'rlN6 <ew.C. _ drt.Y G• W/N,o D•W ' r1 J<? d J 7'�'�/G41_ . _ �. Jt,\',�S 7J+✓G CEJ LfnJG Imo, ._ _:�__.fJN. jF JtJ3T/h'G ALiJ n.(, A 3 z I cru T■ac.ca. 1 _._.-_ - _ 2440.A W.OaA �' tlf i -.: c. _ •� i 6240. 'T Y.-/C.L/_ ��_- i � � _GYr. •tcl. tiD..LTlet6.'• - -- .. —� Ye/GTIJ�•6 was+_ _ - aAdj-� 'Jc. 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J�= - �R .PrSa!/diGs• CG./Yt.�7Or � ; `i bi' — } � if 'Sa v7/rJ/� aswaa t a•or+ �._l"/rchr - .- -.,. �� -. ``�, � � C7�14.CMlhc •f •1 I a�occ ! � . rG TIL! PA! ♦! sr.-r - 1{ F711► �� }, r I - { .CSX/i Ol1TArt .--�-�-..-. .. _ `. }I� S �e vw.-sem, M � rL4 1R4�:iyL/ Y�fwCl/IY _ '�+ _ r • � : _� � i ` � �'�. Agcy ` n - � � � j./ti's. OR �A .'i../A.•L 4'f .�� . .it.s'frNO it vii .11. r y t�VFa .t R FX .rasa :r'.•,- Yr.G �eT+ow •- ` L'8!Raays - . , je �- art ao• ru 6l'.-./ .4.a- � .y --- - Sports M 147 BOWER ROAD OfDutchess POUGHKEEPSX, N.Y. 12603 FAX: Nbinutes of March 17, 2005 (845)452-862-, (845) 473-3302 MEETING: Called to order at 7:09 PM by Chariman Bill Pon:te, who led the group in the Pledge of Allegiance. ATTENDEES, John Flanagan, James Dox sey, Bill pos y, Ken Rose, Bill Porte, Chris Doxsey, Patricia Doxsey, Bill Emsl%c, Joe Ennesser, Ralph Holt, Janet Mwls ac, Barbara Polite, & Cheryl Rose. Guests: Bob Dietz Excused: Arlene Juliano & Elr=cr &COMM Ferris, Arlene Juliano & Charlie Tompkins, SECUTARY'S REPORT: Minutes of the February Mteting uvrr accepted as Published. Motion Ken Rose, Ralph Holt. TREASURER'S REPORT. Roport accepted oa a motion by Pard Doupey, second Bill Ennesser. CORRESPONDENCE-, Bill. Daxsey read a letter from the Golf Hall of Fame stiwng that they are going to disband and offering to turn over theix asset and tnetnorabzlia to the Museum. On a motion by Parti Doxsey=, second by Joe Ennesser this was approved. COMMITTEE REPORTS: Building Committee: Bob Dietz from the Tozku of Wappingers spore at length about the agteemcot with the Town of Wappingers and discumed %e agreement and some revisions. zt is a License Agreement revocable by either party with a 30 day notifiaatiotL The renal -will be $504 per monthpayable to the TIWappirgerrs. There is a total of 4,440 square feet of space. Bob also spoke about the obligations of the Sports Muscum and the need to suit an outline of what the Museum plans for the propczly. On a motion by Ken Rose, second by Patricia Doxsey, the Board was authorized to sign and implement the agreement along N�ith any necessary amendments. This was passed and carried unanimously. Charter — John Flanagan notified the Board that he has received tht' information about the pemxjent Charter. There is a $60 fee which was approved. PublieitylDinner — The dinner For 2005 will be held October 09, 2005. Cheryl Rose will finalize plans with the Italian Center. By -Leto Committee; No report. Fund RaWng — The 50/50 raffle was tabled until the Apel Mecting. Publicity — The request for nominations has appeared in the nmspapers. RECEIVED APR 11 2005 TOWN CLERK VN-eFA %MD BUSINESS: It was decided that the hluaeum should have one spokespersonwho will be the contact for all fequesu for information. The decision of the Board was that this shall be the .Board President — Bill Ponte. NEW BUSINESS: Jim Doxscy submitted a no-nination fro accept�ce iujo the Museum. Joe Ennesser stated that with all the business that has to be takexx care of, we should meet mom often. Because, o the hardship that this could decided that we could involve it was decided that we ahonid have sinaller committees with the power to make necessary decisions. Joe also Leet with the Fite h)spcotor who was satisfied with the safety of the building. Joe has made a=angemenu to have a 30 x 42 sign, in front of the property. Joe also will contact IBM about the prospect of dotmtion a ecouple of PC's to the museum. Jim Doxsey requestd a donation of $I 00.0o to the Dreams of CmJd Program. This was approved_ ADJOURNED: MEETXKG ADJOURNED AT 8:35 PM, on a n-jottion by l.3arb= Ponte, secmld by Cheryl Rose. - William 1, Doxsey -A- - -. Wham I_ Doxsey, Secretary NEXT MEEIFI G -- April 21, 2405 at the Poughkeepsie Journal at 7:00 PM. !0,722119 043 - CE SS ., .. . 14N R NY CLASS ` I- rS5[i' 0 EXPIRES:03-04_13 r - - :"V '43874500 _ - NOTICE IS HEREBY GIVEN that a regular meeting held on the 28th day of the March. , 2005, the Town Board of the Town of Wappinger, New York duly adopted the following Resolution, which Resolution is subject to a permissive referendum pursuant to Town Law Article 7 of the State of New York. OAWappingerSTown BoardlRESOLUT10N%Carnwath-Sports License 2.doc RESOLUTION NO. 2005- 44 r RESOLUTION GRANTING A REVOCABLE LICENSE TO THE SPORTS MUSEUM OF DUTCHESS COUNTY SUBJECT TO PERMISSIVE REFERENDUM 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 the 28th day of March, 2005, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Council Members - Robert L. V_ aldati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Mr. Bettina Mr. Vaidati and seconded by 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 to 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 I OAWappingeffown BoardIRESOLUiIONXCamwath-Sports License 2.doc 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 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" 2 OAVV2ppingeffown Board\RESOLUTION\Carnwath-Sports Ucense 2.doc 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 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, 3 o:%WappingerlTown Board\RESOLUTI ON\Carnwath-S ports License 2.doc 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 ornissions 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 "I" 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 "I". 5. The Town Board expressly determines that the revised revocable license authorized and granted herein: (a) is not a conveyance of real property; 4 0:Iwappingerk7own Board\RESOLUTiON%Camwath-Sports License 2.doc (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 heretofor made to others; and (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. Supenvisor 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. S. This Resolution is adopted subject to permissive referendum pursuant to Town Law Article 7 of the State of New York. 5 O:\WappingerlTown Board\RESOLUTIONICamwath-Sports License 2.doc The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting ROBERT L. VALDATI, Councilman Voting VINCENT F. BETTINA, Councilman Voting JOSEPH P. PAOLONI, Councilman Voting MAUREEN MCCARTHY, Councilwoman Voting Dated: Wappingers Falls, New York March 28, 2005 Aye Aye Aye Aye Aye The Resolution is hereby duly declared adopted. 6 0AWappingeffown Board\RESOLUTIOMCarnwath-Sports License 2.doo A COPY OF THE REVOCABLE LICENSE AGREEMENT FOR THE SPORTS MUSEUM OF DUTCHESS COUNTY IS AVAILABLE FOR INSPECTION AT THE OFFICE OF THE TOWN CLERK BETWEEN THE HOURS OF 8:30 TO 4:00 MONDAY THRU FRIDAY 2006-152 Resolution Authorizing Members of the Sports Museum of Dutchess County to Use Carnwath Grounds for a Family Fun Day 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 June 12th 2006. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Joseph Ruggiero Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, Joseph Ennesser, a member of the board of trustees for the Sports Museum of Dutchess County, has requested permission in a letter dated May 25d', 2006, which is attached hereto, that the members of the Sports Museum be allowed to use the grounds at Carnwath for a family fun day on July 23rd, 2006, and NOW, THEREFORE, BE IT RESOLVED, as follows: The Town of Wappinger Town Board hereby authorizes the members of the Sports Museum of Dutchess County to use the Carnwath grounds for a family fun day on July 23rd, 2006. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE ROBERT L. VALDATI, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE Dated: Wappingers Falls, New York 6/12/2006 The Resolution is hereby duly declared adopted. (�-� r A�It" HN . MA TERSON, TOWN CLERK ne ports Museum P. 0. Box • i -ss Cou POUGHKEEPSIE,12601 Mr.:Joseph Ruggiero May 25, 2006 Town of Wappinger Supervisor 20 Middlebush Rd. Wappinger Falls, N.Y. 12590 Dear Mr. Ruggiero; The Sports Museum of Dutchess County would like to make a request of the town to use the grounds at the Car nwath facility to host a family day. The date we are requesting is July 23, 2006- and we are interested in using the picnic area adjacent to the present building cafeteria. The museum people will provide their own cooling utensils, ice 'and etc. in support of this function. We hope this request does not interfere with any scheduled town function and if not we are looking for a favorable reply for this date in hopes to bring people to Carnwath. Cc: Wm. Emsile Curator John Flanagan Pres. Wm. Ponte Board Chr. PHONE (845) 452-8623 FAX: (845) 473-3302 SUPER 0,11 OV W APP NGER �G�N 0