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Carnwath Family Equistrian Center, Inc. 06-09-2004Fir i R s• Kr� / �/ /c Ne P. 1 � / ;PIRIAll "MR, JIIL-14--2004 WED 12:08 PM FAX H0, P. 01/04 1136 Routs 9 Wappingers Falls, NY 12590 Phone: 846.298.2000 Fax 846-288-2942 7�.A To. Hon. Joseph Ruggiero, Supervisor From: Barbara Gephard/ Albert P. Roberts Hon. Gloria Mase, Town Cleric Hon. Graham Foster RECEIVE Joseph E. PaWi, Jr_, P.E. Ralph Holt, Recreation Department CQ2 ' George Kolb, WON Inspector 4. C. � � JUL 15 2004 Mark Liebermann, Fire inspector. TOWN CLERK 297.4558 (JR) Fax: 298-1478 (GM) ]ate: 07/14/2008 298-0524 (GF) 471-09b5 (JEP) 298-1478 (RH) 298-1478 (GK) 298-1478 (My Camwath Estates -- Equestrian Center Re: FHe No.12961.0741 Pages: 3 page(s) to follow PLEASE REVIiEW AND APPROVE ASAP jjScF-NF-0 Jul- 14 ?� 4 TOWtq CLFRV`. JUL-14-2004 WED 12:08 PIS FAX NO. P. 02/04 WRGu rs, SuNGRR, RosE m, PERGAmm r & vIGLo= LLP AUMRMYS arm COUNSMORS AT LAW GERALD A. VER("* KENNETH M. STENGER AUMW P. ROB8Ii3'S LOUIS 7. VIGLOM JOAN IF. GARRE r*' THOMAS R. DAVIS EMANUSL P SARIS KAREN P MACNISH KEVIN T. MCDERMOY r STr4 N K. PATTERSQN JAY R- RENFRO •AMGTM TO PRAC= MMY&PL& MAAWTW TO MtAC7K2 INNY&O", 1136 ROUTE 9 WAPPIN(MRS PADS, NEW YORI(12590 (845) 298-2000 FAX (845) 298-2842 o-mma: Va"aaa (flab oct OF COUNSEL: IRA A. PERGAMENT LEGAL ASSISTANT AMY E. DECARLO PGUGHKEEFSIB OFFICE 276 MAIN MALL POUGHKEMW, NY 1=1 (843) 452-1046 PD1E PLAINS APPKM 2990 CHURCH ST. P.O. BOX 21 PI11M PLAINS, NY 12357 (518) 79x-9857 ) VIA FACSIMILE (897-2%6) AND REGULAR MAIL July 13, 2004 The Family Equestrian Center, Inc. 27 Fishkill Hook Road Hopewell Junction, New York 12533 Attention; Mr. Larry Fari.seau Ms. Alonna I Rosso Rc: Carnwath Estates License Agreement with The Famlly Equestrian Center, Ine. (FEC) Pile No,) 2951.0741 Dear Larry and Alonna: Reference is made to FEC's proposal to use the Carnwath Estate for various equestrian activities in cormcction with Carnwath's historical equestrian heritage and consistent with its use as a public park. After the June 28, 2004 Town Board Meeting, the Town Board Members requested that the Carnwath Advisory Committee apprise you of the issues and concerns that must be addressed before the Board can finalize a License Agreement for Carnwath's use, I believe everyone is enthusiastic about FEC's proposal, howcvcr, implementing your program has proved to be more of a challenge than originally anticipated. First and foremost, it must be remembered that the Carnwath Estate is public property purchased primarily for park, green space and other governmental uses. In addition, the Town has also received a Matching Grant from Dutchess County toward the purchase of this property, and as a condition for the Grant, a Conservation Easement was imposed on most of the vacant land. The mansion, chapcI, donnitory, administrative building and .I- 11Vsrp631Commor►IwaWnpr\Tawn RoardCnrnwath fhkGmyrtancWg4alwian CenWW71404-paripoLL-doc JUL-14-2004 WED 12!08 PIS FAX NO. P. 03/04 carriage Douse were exempted from the Conservation Easement, however, those buildings are still public property and their uses are governed by the principles and laws associated with the use of governmental property_ While FEC has submitted a number of letters and proposals generally identifying FEC's needs and proposed uses, no detailed written plan has been submitted on how you inteod to implement these programs or what facilities will be constructed and where they will be located. On Monday, July 12, the Advisory Committee met. The Advisory Committee consists of Highway Superintcndcnt, Graham Foster, Recreation Director, Ralph Holt, Engineer to the Town, Joseph E. Paggi, Jr., and myself. The following items are the more important challenges you should address in any proposal: • Water: The site's water needs are presently served by wells. The present water supply must be reserved for the 'town's fixture uses. FEC will have to provide an estimate of daily water needs to see if the existing water supply can accommodate your needs. • Bleetrieiry. Any additional electrical requirements will have to be arranged with Central Hudson. + Administrative Office Space. Approximately 400 square feet of office space can be made available in the Administrative Building. Since it would be very difficult to separate utilities, a nominal fee to cover heat, hot water and electric will be charged. FEC will pay for their own telephone services, computer access, etc. • Ball Field. Use of the ball field area as pasture land will not be recommended, This area must be reserved for use by the Town. • Laurer Pasture. This area is a possibility, however, it is presently not accessible by motor vehicle, especially emergency vehicles. FEC will have to submit a proposal on ho'ctiv' this area can be used including a plan for pedestrian, vehicular and emergency access. • Upper Pasture. This area is also a possibility and is probably most appropriate as a pasture, however, it is located away from the carriage house and Administrative Building and appears not to be a practical location. Arrangements will have to be made to make this site accessible with the other portions of the site and accordingly, should be included in your proposed plan. • Carriage House. The Carriage House in its present condition needs considerable work and clean up. No occupancy or access can be permitted until the carriage house is brought up to the requirements of the State Building Code. All work must be approved by the Town Board and any work will require both a Building Permit and Certificate of .2. %\V9"MCorzmi mNW4ppmgcrUown Aow4u arnwpth fix Cmystone%gaa=ian Cvi**71404-pQriseau,doe JUL-14-2004 WED 12:08 PM FAX H0. P. 04/04 Occupancy. Heat, hot water and electricity will have to be provided and/or updated. • Baskttball Court. Use of the basketball court for a riding ring will be recommended, however, a detailed lay -out will be required and the proposed use cannot intrude into the existing roadway. • Pool Area. If the Town Board decides to fill in the pool, the Advisory Committee has no objections to use this area as a pony riding ring. • Aeimbursement ofExpenses. FEC is to pay for all costs associated with their proposed use of the facility, including any expenses for the Town's professionals. Maintenance. The Town will only snow plow access roads and blacktopped areas. A.lI other maintenance, including any additional snow plowing, will have to be done by FEC (i.e. access to upper and lower pastures). Lastly and raost importantly, all communications should be directed to Recreation Director Ralph Holt. This would include any requests to meet with the Town's Building or Fire Inspectors. Mr. Holt will be in charge of coordinating all activities between the FEC and the Town. If there arc any questions regarding this letter, it is requested that you contact Mr. Holt directly. Please be advised that I will be on vacation next week. Very truly yours, VP_RGl1_,IS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP B TP.R T APR/bg cc: Hon. Joseph Ruggiero, Supervisor Hon. (Moria Morse, Town Clerk Town Board File Hon. Graham Foster, Superintendent of Highways Joseph E. Paggi, Jr., P.E. Ralph Holt, Recreation Department George Kolb, Building Inspector Mark Liebermann, Fire Inspector -3- Via facsimile: 297-4558 'V'ia facsimile: 298-1478 Via facsimile: 298-0524 Via facsimile: 471-0905 Via facsimile: 298-1478 Via facsimile: 298-1478 Via facsimile: 298-1478 \\'Vvp0PCcrmmcm\WaWnzeATmn Boar6Camwalh thou Gmyatonco Bquear' %n Qm1v 1071404 par $40U.doc i VERGMIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 GERALD A. VERGILIS'* WAPPINGERS FALLS, NEW YORK 12590 OF COUNSEL: KENNETH M. STENGER: IRA A. PERGAMENT (845) 298-2000 ALBERT E ROBERTS LEGAL ASSISTANT: LOUIS L VIGLOTTL FAX (845) 298-2842 AMY E. DECARLO JOAN F. GARRETT*" — THOMAS R DAVIS a -mail: VSRP®BestWeb.net POUGHKEEPSiE OFFICE I:iaF.W110"WIMy71. KAREN P. MACNISH KEVIN T. MCDERMOTT STEVEN K. PATIERSON JAY B. RENFRO W)MITIPD TO PRACTICE IN NY & FLA. •-ADMLrrED TO PRACTICE IN NY do CONN. July 19, 2004 Hon. Graham Foster, Highway Superintendent Town of Wappinger 20 Old Route 9 Wappingers Falls, New York 12590 Ralph Holt, Recreation Director Town of Wappinger 20 Middlebush Road Wappinger Falls, New York 12590 Paggi, Martin & Del Bene, LLP 54-56 Main Street Poughkeepsie, New York 12601 Attention: Joseph E. Paggi , Jr., P.E. Re: Carnwath Estates License Agreement with The Family Equestrian Center, Inc. (FEC) File No. 12951.0741 Dear Graham, Ralph and Jay: 276 "Al MALL POUGHKEEPSIE, NY 12601 (845) 452-1046 PINE PLAINS OFFICE 2990 CHURCH ST. P.O. BOX 21 PINE PLAINS, NY 12567 (518) 398-9857 ADDRESS REPLY TO: ( ) POUGHKEEPSIE ( ) WAPPINGERS ( ) PINE PLAINS Enclosed herewith please find a copy of the Business Plan submitted by The Family Equestrian Center (FEC) for your review and comment. Also, I have attached a memo from my secretary, Barbara, regarding her conversation with Larry of the FEC when he visited my office yesterday. RECEIVED JUL 2 0 2004 TOWN CLERIC �f Very truly s, VERGILI ENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP AL T P. OBERTS APR/bg cc: Hon. Joseph Ruggiero, Supervisor Hon. Gloria Morse, Town Clerk Town Board File George Kolb, Building Inspector Mark Liebermann, Fire Inspector VERGIL.IS, STENGER, ROBERTS, PERGAMENT & VIGwm, LLP 27 Fishkill Hook Road ATTORNEYS AND COUNSELORS AT LAW Hopewell Junction, New York 12533 1136 ROUTE 9 RECEIVED Ms. WApPINGERs FALLS, NEW YORK 12590 OF COUNSEL: GERALD A. VERGILIS* License Agreement with The Family Equestrian Center, Inc. {FEC) IRA A. PERGAMENT KENNETH M. STENGER (845) 298-2000 LEGAL ASSISTANT: ALBERT P. ROBERTS . FAX (845) 298-2842 AMY E. DECARLO LOUIS J. VIGLOTTI JOAN R GARRETT** e-mail: VSRPaBestWeb.net POUGHKEEPSIE OFFICE THOMAS R. DAVIS 276 MAIN MALL EMANUEL E SARIS POUGHKEEPSIE, NY 12601 (845).452-1046 KAREN P. MACNISH KEVIN T. MCDERMOTT PINE PLAINS OFFICE STEVEN K. PATTERSON 2990 CHURCH ST. JAY B. RENFRO P.O. BOX 21 PINE PLAINS, NY 12567 -ADMTITED TO PRACTICE (518) 398-9857 IN NY &FLA. --ADMT= TO PRACTICE ADDRESS REPLY TO: ( ) POUGHKEEPSIE IN NY & CONN. ( ) WAPPINGERS ( ) PINE PLAINS VIA FACSIMILE (897-2966) AND REGULAR MAIL July 14, 2004 The Family Equestrian Center, Inc. 27 Fishkill Hook Road Hopewell Junction, New York 12533 Attention: Mr. Larry Pariseau Alonna J. Rosse RECEIVED Ms. Re: Camwath Estates JUL 16 2004 License Agreement with The Family Equestrian Center, Inc. {FEC) File No. 1295 1.0741 TOWN CLERK Dear Larry and Alonna: I am distributing a copy of the proposal to the Carnwath Advisory Committee, however, I suggest you address the issues in my letter of July 13, 2004 as soon as possible. Very. y yours, VE IS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP "/M -B RT R ROBERTS APR/bg - cc: Hon. Joseph Ruggiero, Supervisor Via facsimile: 297-4558 Han. Gloria Morse, Town Clerk Via facsimile: 298-1478 Town Board File Hon. Graham Foster, Superintendent of Highways Via facsimile: 298-0524 Joseph E. Paggi, Jr., P.E. Via facsimile: 471-0905 Ralph Holt, Recreation Department Via facsimile: 298-1478 George Kolb, Building Inspector Via facsimile: 297-0579 Mark Liebermann, Fire Inspector Via facsimile: 298-1478 VERGILLS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 A. VERGILIS " WAPPINGERS FALLS, NEW YORK 12590 OF COUNSEL: GERALD TRA A. PERGAMENT KENNETH M. STENGEIt (845) 298-2000 LEGAL ASSISTANT: ALBERT R ROBERTS FAX (845) 298-2842 AMY E. DECARLO LOUIS J. VIGLOTTI : JOAN F_ GARRETT**a-mail: VSRP®BestWe6.net POUGHKEEPSIE OFFICE THOMAS R. DAVIS 276 MAIN MALL EMANUEL R SARIS POUGHKEEPSIE. NY 12601 (845) 452-1046 KAREN P. MACNISH KEVIN T. MCDERMOTT STEVEN K. PATTERSON JAY B. RENFRO 'ADMITTED TO PRACTICE IN NY & FLA. _ —ADMITTED TO PRACTICE IN NY & CONN. VIA FACSIMILE (897-2966) AND REGULAR MAIL July 13, 2004 The Family Equestrian Center, Inc. 27 Fishkill Hook Road Hopewell Junction, New York 12533 Attention: Mr. Larry Pariseau Ms. Alonna J. Rosse Re: Carnwath Estates License Agreement with The Family Equestrian Center, Inc. (FEC File No. 12951.0741 Dear Larry and Alonna: PINE PLAINS OFFICE 2990 CHURCH ST. P.O. BOX 21 PINE PLAINS, NY 12567 (518) 398-9857 ADDRESS REPLY TO: () POUGHZEEPSIE ( ) WAPPINGERS ( ) PINE PLAINS RECEFIvE Alli G 2004 TpwjV Reference is made to FEC's proposal to use the Carnwath Estate for various equestrian activities in connection with Carnwath's historical equestrian heritage and consistent with its use as a public park. After the June 28, 2004 Town Board Meeting, the Town Board Members requested that the Carnwath Advisory Committee apprise you of the issues and concerns that must be addressed before the Board can finalize a License Agreement for Carnwath's use. i believe everyone is enthusiastic about FEC's proposal, however, implementing your program has proved to be more of a challenge than originally anticipated. First and foremost, it must be remembered that the Carnwath Estate is public property purchased primarily for park, green space and other governmental uses. In addition, the Town has also received a matching Grant from Dutchess County toward the purchase of this property, and as a condition for the Grant, a Conservation Easement was imposed on most of the vacant land. The mansion, chapel, dormitory, administrative building and -1- 11 Vsrp03\Common\WappingeT\Town Board\Carnwath fna Greystone\Equestrian CenterN071404-pariseau.doc Occupancy. Heat, hot water and electricity will have to be provided and/or updated. 0 Basketball Court. Use of the basketball court for a riding ring will be recommended, however, a detailed lay -out will be required and the proposed use cannot intrude into the existing roadway. • Pool Area. If the Town Board decides to fill in the pool, the Advisory Committee has no objections to use this area as a pony riding ring. • Reimbursement of Expenses. FEC is to pay for all costs associated with their proposed use of the facility, including any expenses for the Town's professionals. • Maintenance. The Town will only snow plow access roads and blacktopped areas. All other maintenance, including any additional snow plowing, will have to be done by FEC (i.e, access to upper and lower pastures). Lastly and most importantly, all communications should be directed to Recreation Director Ralph Holt. This would include any requests to meet with the Town's Building or Fire Inspectors. Mr. Holt will be in charge of coordinating all activities between the FEC and the Town. If there are any questions regarding this letter, it is requested that you contact Mr. Holt directly. Please be advised that I will be on vacation next week. Very truly yours, VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP AL TP.R T APR/bg cc: Hon. Joseph Ruggiero, Supervisor Hon. Gloria Morse, Town Clerk Town Board File Hon. Graham Foster, Superintendent of Highways Joseph E. Paggi, Jr., P.E. Ralph Holt, Recreation Department George Kolb, Building Inspector Mark Liebermann, Fire Inspector -3- Via facsimile: 297-4558 Via facsimile: 298-1478 Via facsimile: 298-0524 Via facsimile: 471-0905 Via facsimile: 298-1478 Via facsimile: 298-1478 Via facsimile: 298-1478 11 VsrpUCommonlWappinger\Town BoardlCamwatb fna Crreystone\Fquestrian Center1071404-pariseau.doc VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 GERALD A. VERGILIS* KENNETH M.STENGER ALBERT P. ROBERTS LOUIS J_ VIGL0 TI JOAN F GARRETT** THOMAS R. DAVIS EMANUEL F. SARIS KAREN P. MACNISH KEVIN T. MCDERMOTT STEVEN K.PATTERSON JAY B. RENFRO -ADMITTED TO PRACTICE IN NY & FLA. '*ADMITTED TO PRACTICE IN NY & CONN. VIA HAND DELIVERY June 24, 2004 WAPPINGERS FALLS, NEW YORK 12590 (845) 298-2000 FAX (845) 298-2842 e-mail: VSRP@BestWeb.net Hon. Joseph P. Paoloni, Deputy Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 RE: Carnwath Estates Agreement with The Family Equestrian Center, Inc. File No. 12951.0741 Dear Joe: OF COUNSEL: IRA A. PERGAMENT LEGAL ASSISTANT: AMY E. DECARLO POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (845) 452-1046 PINE PLAINS OFFICE 2990 CHURCH ST. P.O. BOX 21 PINE PLAINTS, NY 12567 (518) 398-9857 ADDRESS REPLY 70: { ) POUGHKEEPSIE ( ) wAPPINGERS ( 7 PINE PLAINS RECEIVED JUN 2 5 2004 TOWN CLERK I am enclosing herewith for the Town Board's review a proposed Revocable License Agreement in connection with the Proposal submitted by The Family Equestrian Center, Inc. It is my understanding that this matter is to be discussed at the June. 28, 2004 Town Board Meeting, I am simultaneously forwarding a copy of the Revocable License Agreement to The Family Equestrian Center, Inc. for their review. It is my understanding that the members of the Center will be present at Monday night's Board Meeting. Very truly y urs, VERGII,JI,S, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP R ROBERTS 11Vsrp031Common\WappingerlTown Boar&Camwath fna GreystonOEquestrian Center10624044R.doc DICTATED BUT NOT PROOF READ BY ALBERT P. ROBERTS cc: Town Board File Hon. Graham Foster, Highway Superintendent Ralph Holt, Director of Recreation Department Joseph E. Paggi, Jr., P.E. The Family Equestrian Center, Inc. \%Vsrp03\CommonlWappinger%Town Boar&Camwath fna Greystone\Equestrian Center10624044R.doc DICTATED BUT NOT PROOF READ BY ALBERT P. ROBERTS REVOCABLE LICENSE AGREEMENT THIS REVOCABLE LICENSE AGREEMENT entered into this day of 2004, 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 THE FAMILY EQUESTRIAN CENTER, INC., a New York State Corporation, with an office located at 27 Fishkill Hook Road, Hopewell Junction, New York 12533 (hereinafter referred to as the "CENTER"). WITNESSETH WHEREAS, the Town of Wappinger owns a 99.5 acre estate located on Wheeler Hill Road within the Town that was previously known as the "Greystone Estate" and is now known as the "Carnwath Estate"; and WHEREAS, the property consists of approximately 99.5 acres of land, portions of which are improved by a 19th century mansion, a dormitory building, a large chapel, a carriage house and other related buildings and detached structures; and WHEREAS, the Carnwath Estate has historically had a strong affiliation with horse raising and training, particularly a strong association with horses used for pulling carriages and parading with carriages; and WHEREAS, the Town has previously contracted with J. Kenneth Fraser and Associates P.E., L.S., L.A., P.C. (hereinafter referred to as "FRASER") to prepare a comprehensive master plan for the development of this Estate; and WsrpW3 CommonlWappingerlTown $oarMamwath fna GreystonelEquestrian CentetlAGREEMENT.doc .Final WHEREAS, the TOWN has previously made application to the Dutchess County Open Space and Farmland Protection Matching Grant Fund for a grant to assist in defraying the costs of the purchase of this property, which application has been granted; and WHEREAS, the TOWN has imposed a Conservation Easement on a portion of the Carnwath Estate in accordance with the Grant from the Dutchess County Open Space and Farmland Protection Matching Grant funds; and WHEREAS, the "CENTER" has agreed to provide property beautification in connection with equestrian activities as part of a program to provide instruction and community enrichment in matters relating to horses and the historical heritage of horses at the Carnwath Estate; and WHEREAS, the proposal submitted by the CENTER is consistent with the Conservation Easement above -referenced as well as the master plan of the property as proposed by Fraser; and WHEREAS, the Town Board hereby determines that the proposal submitted by the CENTER is consistent with the history and heritage of the Carnwath Estate, the best uses of the property for Park, Open Space and Farmland purposes, and in the best interests of the residents of the TOWN; and WHEREAS, the Town Board previously has determined that there are no adverse environmental impacts associated with granting the REVOCABLE LICENSE AGREEMENT to the CENTER. 2 Ilvsrp03%CommonlWappinger\Town SoarMamwath fna Greystone\Equestrian CenterlAGREEMENT.dor- Final NOW, THEREFORE, BE IT RESOLVED, that pursuant to, and in accordance with the provisions of §209-s of the General Municipal Law, the TOWN and the CENTER, for consideration hereinafter named, do hereby mutually agree as follows: Recitations Incorporated. The recitations above set forth are incorporated in this REVOCABLE LICENSE AGREEMENT as if fully set forth and adopted herein. 2. Scope of License. The TOWN hereby gives and grants to the CENTER and the CENTER hereby accepts from the TOWN, a revocable license to use portions of the property at the Carnwath Estate located along Wheeler Hill Road in the Town of Wappinger. The buildings and areas authorized to be used pursuant to this REVOCABLE LICENSE AGREEMENT are more particularly depicted on a map entitled dated and signed by the parties, which is attached hereto and made a part hereof marked and designated Schedule "A". Consideration. The REVOCABLE LICENSE AGREEMENT has been granted to the CENTER on the condition that the CENTER provide property clean-up, maintenance and beautification in concert with equestrian activities as part of instruction and community enrichment in matters relating to horses and the historical heritage of horses at the Carnwath Estate. Any and all programs and activities as well as any fees to be charged in connection with such programs and activities to be provided by the CENTER shall be subject to the prior approval of the Town Board in accordance with the terms and conditions of this REVOCABLE LICENSE AGREEMENT. 3 11 VsrpW\CommonlWappingerlTown Board%Camwath fna Greystcne\Equest6an CenterlAGREEMENT.doc Final 4. Term; Revocation. This REVOCABLE LICENSE AGREEMENT shall commence on July _, 2004. The TOWN may terminate this REVOCABLE LICENSE AGREEMENT upon 90 days written notice to the CENTER. 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 the CENTER at 27 Fishkill Hook Road, Hopewell Junction, New York 12533 or at such other office regularly maintained by the CENTER. At the expiration of the ninety (90) days, the revocable license shall be deemed terminated and shall be of no further force and effect. During the ninety (90) day notice period, the CENTER shall, at its own cost and expense, remove all of its personal property, belongings and equipment, as well as repair any and all damage to the Carnwath Estate, if any there be. 5. Compliance with Applicable Law. All equipment, structure 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 referenced in Resolution No. 2004-193 authorizing the license to The Family Equestrian Center, Inc. to provide property beautification and equestrian activities at Carnwath Estate. 6. Insurance. The CENTER shall take out and maintain during the life of this REVOCABLE LICENSE AGREEMENT such public liability and damage insurance as shall protect the TOWN and the CENTER from claims for damages for personal injury including accidental death, as well as from claims for property damage, which may arise 4 11Vsrp031CommonlWappin9erlT0wn Board\Camwath fna Greystone\Equestrian Centel AGREEMENT.doc Final from operations under this REVOCABLE LICENSE AGREEMENT, and the amounts of such insurance shall be as follows: A single limit policy in the amount of at least $1,000,000.00 for the bodily injury and property damage liability claims, public liability insurance, blanket contractual liability, broad form property damage liability and fire legal liability. The CENTER shall furnish a copy of the above-described insurance policy to the TOWN and shall also name the TOWN as the additional insured in said policy. 7. Reimbursement. The CENTER agrees to reimburse the TOWN for any costs or expenses the TOWN incurs in connection with the drafting and making of this REVOCABLE LICENSE AGREEMENT or in connection with the preparation of the map attached as Exhibit "A" as well as to reimburse the TOWN for any and all damages or injury to property of the TOWN that may arise, directly or indirectly, from the negligence, acts or omissions of the CENTER, its officers, members, contractors, agents, employees or invitees. Indemnification. The CENTER agrees that the CENTER will 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 CENTER, its officers, members, contractors, agents, employees or invitees. 9. 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, sealed envelope, marked for delivery by first class certified mail return receipt requested, 11VsrpW9 CommonlWappingerlTown BoardlCarnwath fna GreystonelEquestrian CenterlAGREEMENT.doc Final with sufficient prepaid postage affixed and with return receipt requested. Notices to TOWN and CENTER 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. 10. Clarification of License. The revocable license granted herein is: (1) not a conveyance of real property; (2) not intended to grant or convey to the CENTER the exclusive use of the land in which the equestrian activities are to be conducted or located.- (3) ocated; (3) subject to grants, conveyances, covenants and restrictions, easements and rights -of -ways heretofor made to others; and (4) subject to the following rights, which the TOWN hereby reserves, unto itself: i. to use and enjoy the lands known as the Camwath Estate to be used in any manner that does not unreasonably interfere with the license herein granted to the CENTER; and ii. to grant and convey easements and right-of-ways to others over, across, under and through the lands within the boundaries of the property. 11. Expenses of Repair. The CENTER shall at its own expense keep all licensed areas and structures in good repair and operating order and furnish all necessary equipment to keep same in good repair and operating order. 12. Buildine and Construction. The CENTER shall not cause any buildings or structures to be constructed or erected, other than paddocks and structures built in 6 11Vsrpo3lCornmonlWappingerlTown BoardlCarnwath fna GreystonelEquestrian CenterlAGREEMENT.doc Final conformity with Schedule `iA", unless specific approval therefor is granted by the Town for such construction. The CENTER shall apply for and obtain required Building Permits for the construction of any structure authorized by the Town Board. 13. Maintenance. In exercising the rights herein granted, the CENTER 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; (3) make appropriate provisions for drainage, water run-off and manure management from the property as approved by the TOWN; and (4) at its own cost and expense, remove any snow required to be removed in order to provide access to all licensed structures, equipment and facilities. 14. Public Access. There shall be public access to the property, except that access to those areas customarily used for administrative, maintenance, safety and public health purposes, may be restricted. The TOWN reserves the right to promulgate rules and regulations regarding hours of use by the CENTER and the public. 15. Inspection. The CENTER 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 CENTER'S part to be observed or performed under this REVOCABLE LICENSE AGREEMENT. VA 11Vsrp031CommonlWappingerlTown SoarMamwath fna GreystonelEquestrian CenterlAGREEMENT.doc Final 16. Prohibited Uses and Practices. The following uses and practices are deemed inconsistent with Conservation Easement and with the purposes of this REVOCABLE LICENSE AGREEMENT and shall be prohibited upon or within the property: (a) any commercial, industrial or residential uses of the property; (b) the construction, erection, maintenance or replacement of any buildings, roads, roadways, signs (other than informational or directional signs), billboards, satellite dishes, fences, docks or other structures or improvements of any kind or nature whatsoever on or over the property, except solely the permitted improvements and rights set forth in the Conservation Easement; (c) Disturbances of the property's topography, including, but not limited to, dredging, mining, filling, excavation, grading, removal of topsoil, sand, gravel, rocks or minerals, or changing the topography of the land in any manner except as may be reasonably necessary for the construction, erection, installation, maintenance or replacement of any of the permitted improvements in accordance with the terms hereof or as may be normally and reasonably incidental to any of the uses of the property expressly permitted hereby. 17. Survival. The provisions of this REVOCABLE LICENSE AGREEMENT shall survive any termination by the TOWN of this REVOCABLE LICENSE AGREEMENT. The CENTER shall at all times hereinafter be bound by and shall comply with all of the provisions of this REVOCABLE LICENSE AGREEMENT. 18. Assiennient Prohibited. The CENTER 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. \\Vsrp031CommonlWappinger%Town Board\Camwath fna Greystone\Equestrian Center\AGREEMENT.doc Final 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 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. 0 \\Vsrp03\ComrnonNWappinger\Town BoaTMamwath fna Greystone\Equestrian CenterlAGREEMERTT.doc Final 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 Joseph Ruggiero, Supervisor THE FAMILY EQUESTRIAN CENTER, INC. (Seal of The Family By: Equestrian Center, Inc.) President Secretary 10 \\Vsrp03\Commnn\Wappinger\Town BoardlCamwath fna GreystonelEquestrian CenterlAGREEMENT.doc Final FIRE INSPECTOR MARK J. LIEBERMANN Thursday, July 15, 2004 TOWN OF WAPPINGER FIRE PREVENTION BUREAU 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-1373 FAX: (845) 297-4558 E-MAIL: wappfire@bestweb.net Vergilis, Stenger, Roberts, Pergament &. Viglotti, LLP Albert P. Roberts, Esq. 1136 Route 9 Wappingers Falls, NY 12590 RE: CARNWATH ESTATES / THE FAMILY EQUESTRIAN CENTER YOUR FILE: 12591,0741 Dear Mr. Roberts: SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P_ PAOLONI ROBERT L. VALDATI This letter will acknowledge receipt of your communications dated July 13"', 2004 regarding the above captioned matter. In review of the License agreement with the Family Equestrian Center I offer the following comments: ElectrLV tr, Any electrical work will require a permit and Inspection by a Town approved electrical inspector. Adm&&=tjy6 qfflo: A change of occupant permit will be required and compliance with the Fire Code of NYS relating to fire extinguishers ,exit and emergency lighting, fire alarm system will have to be met. Cafflagg House: Fire inspection required after building .permit work is completed and prior to occupancy. Yours trul , Mark Llebermann - Fire inspector Cc: Hon. Joseph Ruggiero -Town Supervisor��++C�v Hon. Gloria Morse - Town Clerk �V Hon. Graham Foster -Highway Superintendent (298-0524} Joseph E. Paggi Jr. P.E. (471-0905) Jul- ?T'A Ralph Holt - Recreation Department George Kolb - Building Inspector 1.0\NN GLER� h VERGILIS, STENGER, ROBERTS, PERGAIVIENT & VIGLOTTI, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 GERALD A. VERGILIS* WAPPINGERS FALLS, NEW YORK 12590 OF COUNSEL: KENNETH M. STENGER (845) 298-2000 IRA A. PERGAMENT ALBERT R ROBERTS LEGAL ASSISTANT: LOUIS J. VIGLOTTI FAX (845) 298.-2842 AMY E. DECARLO JOAN R GARRETr** e-mail: VSRP®BestWeh.net POUGHKEEPSIE OFFICE THOMAS R. DAVIS EMANUEL F. SARIS KAREN R MACNISH KEVIN T. MCDERMOTT STEVEN K. PATTERSON JAY B. RENFRO -ADN OTTED TO PRACTICE IN NY do FLA. *-ADMTCTED TPD PRACTICE IN NY do CONN. June 22, 2004 The Family Equestrian Center, Inc. 27 Fishkill Hook Road Hopewell Junction, New York 12533 Attention: Mr. Larry Pariseau Re: Carnwath Estates File No. 12951.0741 Dear Larry: 276 MAIN MALL POUGHIOMPSIE, NY 12601 (845) 452-1046 PINE PLAINS OFFICE 2990 CHURCH ST. P.O. BOX 21 PINE PLAINS, NY 12567 (518) 398-9857 ADDRESS REPLY TO: ( ) POUGHKEEEPSIE ( ) WAPPINGERS ( ) PINE PLAINS RECEIVED JUN 2 3 2004 TOWN CLERK As per our discussion this morning, enclosed herewith please find a copy of the Conservation Easement Deed. It is my understanding that you will identify on the survey provided to you the following items: (a) location of corral areas; and (b) location of rings. You are also to identify how much of the administrative building you will need, the number of people to be stationed there and the type of equipment you will need to install. Similarly, you will need to identify your intended plans for the carriage house. 11Vsrp031Common\WappingerlTown BoardlCamwath fna Greystone\Equestrian Center1062204-pariseau.doc DICTATED BUT NOT PROOF READ BY ALBERT P. ROBERTS Very truly o , VERGIL , ENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP AL P. OBERTS Rlbg cc: Town Board File 11Vs7pO3\Common\Wappinger%Town Boar&Carnwath fna GreystoneTquestrian Center1062204-pariseau.doc DICTATED BUT NOT PROOF READ BY ALBERT P. ROBERTS CONSERVATION EASEMENT DEED THIS GRANT OF CONSERVATION EASEMENT, made this 22"d day of June, 2004 by and between the TOWN OF WAPPINGER, a municipal corporation with offices located at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590 (hereinafter referred to as "the Grantor"), and the COUNTY OF DUTCHESS, a municipal corporation with offices at 22 Market Street, Poughkeepsie, New York 12601, (hereinafter referred to as "the Grantee"). WITNESSETH: WHEREAS, Grantor is the Owner in fee of real property known as the Carnwath Estate (hereinafter referred to as "the Property"); and WHEREAS, the Property consists of approximately 99.5 acres located along Wheeler Hill Road in the Town of Wappinger, Dutchess County, New York with vistas and scenic views of the Hudson River, and WHEREAS, the Property is improved with several buildings, a 19d' Century mansion, a large dormitory building, a large chapel building, carriage house and other related buildings; and WHEREAS, the Grantor wishes to impose a Conservation Easement on a portion of the Property consisting of approximately 94 ± acres of land (the Protected Property), and retain all rights on the remaining 6 acres of the Property (the Retained Property) all more particularly described in Exhibit "A" attached hereto and incorporated by reference in this conservation easement; and WHEREAS, the Protected Property and the Retained Property are shown on a Conservation Easement map attached hereto as Exhibit "B" and incorporated by reference, and on a survey map entitled "Conservation Easement from Town of Wappinger" prepared by Paggi, Martin & Del Bene, last revised & /5 o and filed in the Office of the Dutchess County Clerk simultaneously with this Indenture granting a Conservation Easement as Map No. ; and WHEREAS, the Protected Property possesses significant recreational, scenic, historical and open space features and values; and WHEREAS, the Grantor is, as of the date hereof with the granting of this conservation easement, confirming its commitment to dedicate, develop, preserve, maintain, operate and provide for the public's use and enjoyment of the Protected Property; and WHEREAS, the County has awarded the Grantor a grant under the provisions of the Dutchess County Partnership For Manageable Growth/Open Space and Farmland Protection Matching Grant Fund, and R-0771 1 WHEREAS, the Protected Property will be dedicated as a public park to be devoted to the preservation of the view -shed of the Hudson River and its environs from the Protected Property and to public open -space purposes, and for outdoor recreational uses, including hiking, as part of the Greenway Trail System or otherwise; and WHEREAS, Grantor has agreed to place restrictions on the Protected Property as part of its transaction with Grantee, while retaining the use of the Protected Property as a public park as defined above; and WHEREAS, the State of New York has enacted Article 49, Title 3 of the Environmental Conservation Law (as the same may be amended, "Article 49") to provide for the limitation and restriction of development, management and use of real property by Conservation Easement; NOW, THEREFORE, in consideration of the facts above recited and of the mutual covenants, terms, conditions and restrictions herein contained and other good and valuable consideration, Grantor does hereby grant and convey to Grantee, its successors and assigns forever, a Conservation Easement pursuant to Article 49, in perpetuity consisting of the terms, covenants and obligations on Grantor's part to be observed and performed and Grantee's rights to monitor and enforce same, all as hereinafter set forth, over and across the Protected Property (the "Easement"). t. Purpose. The purpose of this Easement is to grant to Grantee certain rights to restrict the use and development of the Protected Property to protect in perpetuity its view -shed of the Hudson River and environs, its topography and to the extent compatible therewith, the use of the Protected Property for the purposes of a Public Park dedicated to public open space for outdoor recreational uses including hiking as part of the Greenway Trail System or otherwise, and through such protection, enhance, preserve and protect said Park, its view -shed and topography for the use and enjoyment of the public. The Grantor shall, subject to reasonable terms and conditions, make the Protected Property available to the Greenway Trail System or its successor and other local trail system(s) for use by the general public. In all respects Dutchess County residents shall be treated in the same manner as residents of the Grantor with regard to the use and enjoyment of the Protected Property. 2. Prohibited Uses and Practices. The following uses and practices are inconsistent with the purpose of this Easement and shall be prohibited upon or within the Protected Property, except to the extent permitted by Paragraph 4 hereof- (a) ereof(a) Any commercial, industrial or residential uses of the Protected Property. (b) The construction, erection, maintenance or replacement of any buildings, roads, roadways, signs (other than informational or directional signs), billboards, satellite dishes, fences, docks or other structures or improvements of any kind or R-0771 2 nature whatsoever on or over the Protected Property, except solely the Permitted Improvements and rights (as defined in subparagraph 4 hereof). (c) Disturbances of the Protected Property's topography, including but not limited to dredging, mining, filling, excavation, grading, removal of topsoil, sand, gravel, rocks or minerals, or changing of the topography of the land in any manner except as may be reasonably necessary for the construction, erection, installation, maintenance or replacement of any of the Permitted Improvements in accordance with the terms hereof or as may be normally and reasonably incidental to any of the uses of the Protected Property expressly permitted hereby. 3. Affirmative Rights Conveyed. (a) Grantee and its duly authorized representatives shall have the right to enter the Protected Property at reasonable times for inspection purposes as contained in Paragraph 6. (b) Grantee shall have the right to review any plans for development, construction or installation of structures or improvements on the Protected Property and the right of approval with respect thereto which right of review and/or approval shall be undertaken within thirty days by the Dutchess County Department of Planning or any successor organization or department, which right of review and/or approval shall not be unreasonably or arbitrarily withheld. 4. Retained Rights of Grantor. Subject to the purpose and provisions of this Easement, including without limitation the provisions of Paragraphs 2 and 3 hereof, and to conditions set forth below, Grantor reserves and retains all customary rights of ownership in the Protected Property to the extent such rights are exercised in a manner which is not inconsistent with the purpose of this Easement, including, but not limited to: (a) The right to construct and maintain the following Permitted Improvements on the Protected Property: Signs or Kiosks for educational, interpretative or public safety purposes. Any such signs or kiosks shall be of a design, size, materials and content that are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural and historic significance. ii. Roads, walkways, pathways, trails, benches, gardens, farm fields, and related amenities on the Protected Property so long as their design and layout will not, either individually or collectively, have a significant adverse impact upon the Protected Property and its view -shed, vegetation and landscape and provided that such design, layout and materials are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural, historic and cultural R-0771 3 significance. Any walkways constructed on the Protected Property shall be accessible in accordance with the standards of the Americans with Disabilities Act. iii. Permanent or temporary fences or other barriers as may be necessary to provide adequate protection for the Protected Property or for the purposes of public safety, or a public park, provided however, that such barriers shall not restrict public access to the Protected Property. iv. An amphitheatre for the performing arts, related purposes and activities on an area of the easterly portion of the Protected Property (east of the access way) where the natural topography will lend itself to such purposes with minimal disturbance to the natural topography, so long as they shall not have a significant adverse impact upon the Protected Property, its view shed, vegetation and landscape, and provided that they are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural, historic and cultural significance. v. Structures, barns, buildings and recreational facilities for auxiliary park purposes consistent with the purposes of this easement and provided they shall be of a design, size, materials and content that are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural, historic and cultural significance. vi. Roads and parking for those using the Protected Property for the purposes provided herein, provided the parking and roads shall be of a design, size, materials and content that is consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural, historic and cultural significance. (b) The right to conduct: i. Festivals and other temporary public gatherings, educational and cultural activities on the Protected Property so long as those activities will not have a significant adverse impact upon the Protected Property and its view - shed, vegetation and landscape and provided that such activities are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural, historic and cultural significance. ii. Scientific or archeological activities which pertain to the study and propagation of the vegetation located on the Protected Property, or to the historic significance of the Protected Property, provided that such activities will not significantly adverseVytinpact the vegetation, landscape or Protected Property and are consistent the and character of the site as a preserved open space having s nicjepr9tional horticultural, d' R-0771 v 4 agricultural, cultural and historic significance. iii. Farming activities on existing fields provided such activities will not have a significant impact upon the Protected Property and its view -shed, vegetation and landscape and provided that such activities are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural and historic significance. (c) The right to plant, grow, trim and remove trees and plants on the Protected Property, so long as any new vegetation planted on the Property will not have any adverse impact upon the Protected Property and its view -shed, and provided such vegetation is consistent with the use and character of the site as a preserved open space having scenic, recreational horticultural, agricultural and historic significance. (d) The right of ingress and egress to and from the Retained Property for itself, its lessees, tenants and their guests and invitees, successors and assigns, over and across the access way which extends from Wheeler Hili Road to the Retained Property specifically including access to Areas 1 (4.729+/-), 2(0.195+/-), 3(0.121+/-), and 4(0.330+/-) as shown on Exhibit B. (e) The right to remove and/or maintain, reconstruct, rehabilitate and expand existing structures, buildings and appurtenances for park purposes, provided they shall be of a design, size, materials and content that are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural, historic and cultural significance. {f) The right to utilize and maintain existing wells and sanitary systems and to construct new wells and sanitary systems to provide for the needs of the Retained Property, provided they shall be of a design, size, materials and content that are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural, historic and cultural significance. (g) The right to utilize and maintain existing utilities to provide for the needs of the Retained Property, provided they shall be of a design, size, materials and content that are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural, historic and cultural significance. (h) The right to install, maintain and reconstruct underground utilities for the needs of the Retained Property in or adjacent to the access way, which extends from Wheeler Hill Road to the Retained Property. R-0771 5 5. Public Access. There shall be public access to the Protected Property, except that access to those areas customarily used for administrative, maintenance, safety and public health purposes, may be restricted. Grantor may promulgate rules and regulations regarding hours of use for the public. 6. Inspection. Grantee and its authorized agents, employees and representatives shall have the right to enter the Protected Property upon reasonable notice to Grantor, at such times during normal business hours and in such manner as will not unreasonably interfere with Grantor's use of the Protected Property in accordance with this Easement, to examine and inspect the Protected Property to ensure there are no violations, breaches or defaults of any term, provision, covenant or obligation on Grantor's part to be observed or performed under this Easement. 7. Enforcement Rights of Grantee. Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within 30 days' notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which requires immediate action to protect the purpose of this Easement) Grantee shall have the Tight (a) to institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, or (b) to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purpose of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement.. 8. Baseline Data. in order to establish the present uses and condition of the Protected Property so as to be able to properly monitor its future uses and condition and assure compliance with the terms hereof, Grantor will make available to Grantee existing documentation in its possession of the natural condition of the Protected Property and Grantee have caused to be prepared such additional documentation deemed appropriate by Grantee, including a survey of the Protected Property showing its relationship to adjacent features and properties, and on-site photographs. The aforementioned documentation shall constitute an inventory of the Protected Property's relevant features and conditions (the "Baseline Data"). The Baseline Data shall be kept on file at Grantee's offices and shall be accessible to the Grantor upon reasonable notice during normal business hours. The parties acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the present uses or condition of the Protected Property, the parties shall not be foreclosed from utilizing all other relevant or material documents, surveys, reports, and other evidence to assist in the resolution of the controversy. To the extent Grantor and Grantee have initialed the Baseline Data, such Baseline Data shall be presumed to be a correct depiction of the Protected Property as of the date hereof. R-0771 6 9. Grant in Perpetuity. (a) The provisions of this Easement shall run with and be a burden upon the Protected Property in perpetuity and shall be binding on Grantor and Grantee and their respective successors and assigns, and any party entitled to possession or use of the Protected Property while such party is entitled to such possession or use. Any successor or assign of Grantee shall be a qualified organization within the meaning of Article 49 and shall expressly assume the obligation to carry out the conservation purpose for which this Easement is granted and the other obligations of Grantee hereunder. (b) If Grantee or its successor or assign, ceases or fails (i) to enforce this Easement, (ii) to exist, or (iii) to be a Qualified Organization, and upon the occurrence of such event, fails to assign all its rights and interest in the Protected Property, and delegate all their responsibilities under this Easement to a Qualified Organization, then the rights and interest of Grantee under this Easement shall be vested in another Qualified Organization in accordance with a Cy -Pres proceeding of a court of competent jurisdiction. 10. Amendment. This Easement can be modified only in accordance with the common and statutory law of the State of New York applicable to the modification of easements or covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement including requirements imposed on Grantor pursuant to licensing procedures or any authorized governmental licensing or permitting agency. To this end, Grantee and Grantor shall mutually have the right, in their sole discretion, to agree to amendments to this Easement which are not inconsistent with the purpose of the Easement provided, however, that the parties shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid conservation easement under Article 49, any regulation issued pursuant thereto, and provided further that Grantee shall agree to the modification of this Easement to conform to such licensing procedures or any other authorized governmental licensing or permitting agency. 11. Notice. 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, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Notices to Grantor and Grantee shall be addressed to their respective addresses as set for the 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. R-0771 7 12. Cooperation Agreement. Grantor and Grantee agree to cooperate to comply with the provisions of Article 49, and the Regulations promulgated pursuant thereto, so that this Easement will qualify, as a perpetual conservation restriction, thereunder. 13. Indemnification of Grantee. Grantor agrees that Grantee has no affirmative obligation relating to maintenance of the Protected Property. Grantor further agrees that Grantee has no responsibility relating to costs, claims or liability arising from personal injury, accidents, negligence, or damage to Protected Property resulting from public or private use of the Protected Property allowed by, arising out of, or resulting from this Easement. Grantor shall indemnify, hold harmless, defend and reimburse the Grantee from and against any and all claims, actions, suits, damages, liabilities, penalties, costs or expenses, including reasonable attorneys' fees, of any kind or nature whatsoever on account of injuries to or death of any person or damage to any Protected Property arising out of Grantee' ownership of this Conservation Easement. 14. Grantor's Title. Grantor represents and warrants to Grantee (a) that Grantor is seized of the Protected Property in fee simple, and (b) that Grantor possesses full corporate rights and authority to grant and convey this Easement pursuant to this instrument. 15. Grantee' Representations. Grantee represents and warrants that it is a Qualified Organization. 16. Further Conveyance By Grantor. The restrictions on alienation provided for in this easement are in addition to those otherwise imposed on the alienation of parkland. 17. Miscellaneous. (a) This Easement shall be binding on the parties and their respective successors and assigns. The terms "Grantor" and "Grantee", wherever used herein, and any pronouns used in place thereof, shall mean and include their respective successors and assigns. (b) If any provision of this Easement or the application hereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. (c) In enforcing its rights hereunder with respect to a breach, default or violation of this Easement, Grantee shall take into account the reasonableness of requiring Grantor to cure the same and the time required to restore the Protected Property under the relevant circumstances, including but not limited to the season of the year and the accessibility of the Protected Property to Grantor. R-4771 8 (d) All captions set forth herein are for convenience of reference only, and shall in no event be construed to limit, enlarge or modify any substantive provision of this Easement. 18. Transfer of Development Rights. No development rights in and to the Protected Property, or any part thereof which have been encumbered or extinguished by this Conservation Easement shall be transferred to any location outside the Protected Property, whether pursuant to a cluster development plan or any other agreement or plan for transferable development rights. 19. Extinguishment. If a subsequent unexpected change in the conditions surrounding the Protected Property make impossible the fulfillment of the conservation purposes of this Conservation Easement, and if the restrictions are extinguished by judicial proceeding, then, upon any subsequent sale, exchange or involuntary conversion by the Grantor, the Grantee herein shall be entitled to share in such transaction in such proportion as the dollar amount of its respective grant bears to the total appraised value of the Protected Property. It is agreed the Grantee's share of such proceeds as referenced above shall be thirty-three (33%) percent. IN WITNESS WHEREOF, Grantor has executed and delivered this Deed of Conservation Easement as of the date first set forth above. GRANTOR: Town of Wi By: OF NEW YORK ) ) SS.:. Y OF DUTCHESS ) GRANTEE: County of Dutc ss By: d001 William R. Stei us, County Executive On thisja day of June in the year 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared JOSEPH PAOLONI personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the ins ument, the ' dividual, or the person upon behalf of which the individual acted, executed the instrument. DOROTHY P. TRAPANI Notary Pub . I Notary Public, State of New York Re . # 01 TR4889663 Oualilled in Ulster County STATE OF NEW YORK ) Commission Expires April 20, 20 e SS.: COUNTY OF DUTCHESS ) On this 11 day of June in the year 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM R. STEINHAUS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. z) Notary P b c SU7.ANNE D. 01111.MAN Notary Public, Slate of New York it cgNu. ()1 oH4502666 Qualilied in Uutchess County Commission Expires 2/28120 R-0771 9 Lands of the Town of Wappinger Conservation Easement 94.259± Acre Parcel Town of Wappinger Dutchess County, New York Beginning at a point, said point being distant: North 700 44' 00" East 172.80 feet from the northwesterly corner of Lot No. 19 as shown on a map entitled, "Riverdale Subdivision" on file in the Dutchess County Clerk's Office as File Map No. 5422, said point of beginning being at the southeasterly corner of lands now or formerly Central Hudson Gas & Electric Corp., Liber 663, Page 412; thence leaving said point of beginning and said southeasterly corner and running along the easterly line of said Central Hudson Gas & Electrical Corp., North 280 23' 15" West 1218.16 feet to a point being at the northeasterly corner of said Central Hudson Gas & Electric Corp., said point also being on the easterly line of lands now or formerly Metropolitan Transit Authority; thence leaving said northeasterly corner and running along the easterly line of said Metropolitan Transit Authority the following courses and distances: North 350 22' 30" East 58.70 feet and North 260 29' 15" East 32.98 feet, North 52" 05' 20" East 334.01 feet, North 401 31' 10" East 588.09 feet, North 480 09' 50" West 67.02 feet, North 400 31' 40" East 51.15 feet, North 540 51' 35" East 44.39 feet, North 410 13'20" East 57.00 feet, North 470 31' 50" East 100.75 feet, North 431 05' 35" East 100.10 feet, North 41013' 00" East 75.00 feet, North 320 45' 50" East 25.22 feet, North 40" 48' 10" East 100.01 feet, North 31 ° 27' 55" East 168.19 feet, North 4011 31' 10" East 100.00 feet on a curve to the left having a radius of 6,238.00 feet and an arc length of 460.02 feet (cord = North 38° 24' 25" East 459.92 feet), South 53° 42' 20" East 40.00 feet and North 350 35'10" East 92.15 feet to a point being at the southwesterly corner of lands now or formerly Kemmis (File Map No.6796); thence leaving said easterly line of Metropolitan Transit Authority and said southwesterly corner and running along the southerly line of said Kemmis, South 600 53'40" East 502.42 feet to a point being on the southerly line of other lands of Kemmis, Liber 1231, Page 202, said point also being on the easterly face of a stonewall fence; thence running along the southerly line of said Kemmis along said stonewall face, South 19" 12' 00" East 60.00 feet to a point being at the southeasterly corner of said Kemmis, said point also being on the westerly line of Wheeler Hill Road; thence leaving said southeasterly corner and running along the westerly line of said Wheeler Hill Road, South 19° 12'00" East 6.27 feet; thence continuing along the easterly line of said Wheeler Hill Road, South 18° 32' 15" East 15.92 feet to a point being in a stonewall fence; thence continuing along the westerly line of said Wheeler Hill Road along said stonewall fence the following courses and distances: South 19° 31' 20" East 217.55 feet, South 171 57' 05" East 63.66 feet, South 190 04'55" East 535.56 feet, South 190 36' 00" East 277.12 feet and South 200 51' 10" East 7.16 feet; thence leaving said stonewall fence and continuing along the easterly line of said Wheeler Hill Road, South 700 26'25" West 10.96 feet, South 200 54' 35" East 476.83 feet and North 701 25' 35" East 10.76 feet to a point being in the aforementioned stonewall fence; thence continuing along the easterly line of said Wheeler Hill Road along said stonewall fence the following courses and distances: E::_r.ibit "A" To Conservation Easement South 19° 19' 15" East 157.17 feet, South 21' 08' 05" East 183.96 feet and South 191 56' 45" East 60.09 feet to a point being at the northeasterly corner of lands now or formerly Vitale, Liber 1497, Page 798; thence leaving said westerly line of Wheeler Hill Road and said northeasterly corner and running along the northerly line of said Vitale, South 711 46'50" West 200.00 feet to a point being at the northwesterly corner of said Vitale, said point also being at the northeasterly corner of Lot No.21 of the aforementioned Riverdale Subdivision; thence leaving said common corner and running along the northerly line of said Lot No.21 and the northerly line of Lots No.20 and 19 the following courses and distances; South 71° 46'50" West 26.16 feet, South 711 38'30" West 698.64 feet, South 721, 09'50" West 199.73 feet, South 711 31' 30" West 47.23 feet, South 711 22' 20" West 521.19 feet, South 72" 08' 00" West 467.95 feet and South 700 44' 00" West 56.30 feet to the point of beginning containing 99.634± acres of land. Excepting from the 99.634± acre parcel of land, a 4.729± acre parcel, more particularly described as follows: Beginning at a point, said point being distant: North 250 41' 19" East 349.29 feet from the above described point of beginning; thence leaving the new point of beginning and running the following courses and distances: North 50" 44' 59" West 204.99 feet, North 360 16'53" East 616.35 feet, North 43° 59' 15" West 147.90 feet, North 430 28' 58" East 410.25 feet, South 440 25' 56" East 183.49 feet, South 29° 42' 16" West 424.81 feet, South 56° 50" 29" East 105.89 feet, South 30° 49' 14" West 59.49 feet, North 57 11' 09" West 104.57 feet and South 29" 47'26" West 551.12 feet to the point of beginning containing 4.729± acres of land. Also, excepting from the 99.634± acre parcel of land, a 0.195± acre parcel, more particularly described as follows: Beginning at a point, said point being distant: North 47" 05' 57" East 392.98 feet from the above described point of beginning; thence leaving the new point of beginning and running the following courses and distances: North 100 51' 00" East 106.00 feet, South 79° 09' 00" East 80.00 feet, South 10° 51' 00" West 106.00 feet and North 790 09' 00" West 80.00 feet to the point of beginning containing 0.195± acres, (8,480± square feet) of land. Also excepting from the 99.634± parcel of land, a 0.121± acre parcel, more particularly described as follows: Beginning at a point, said point being distant: North 450 35' 39" East 600.67 feet from the above described point of beginning; thence leaving the new point of beginning and running the following courses and distances: North 16° 46' 00" East 84.00 feet, South 73" 14' 00" East 63.00 feet, South 16" 46'00" West 84.00 feet, and North 73° 14' 00" West 63.00 feet to the point of beginning containing 0.121 ± acres (5,292± square feet) of land. Also excepting from the 99.634} parcel of land a 0.330± acre parcel more particularly described as follows: Beginning at a point, said point being distant: North 23" 57' 04" East 1,487.92 feet from the above described point of beginning; thence leaving the new point of beginning and running the following courses and distances: North 220 43' 44" East 188.97 feet, North 62° 39'44" East 51.84 feet, South 27° 20' 16" East 46.40 feet, South 22° 43'44" West 186.26 feet, South 88° 17'28" West 30.64 feet, and North 670 16' 16" West 40.95 feet to the point of beginning containing 0.330± acres (14,380± square feet) of land. Subject to a 0.454± acre easement to Central Hudson Gas & Electric Corp. on the 99.634 acre parcel, said easement more particularly described as follows: Beginning at a point, said point being at the above described point of beginning; thence leaving said point of beginning and running along the easterly line of lands now or formerly Central Hudson Gas & Electric, Corp., Liber 663, Page 412, North 28° 23' 15" West 200.00 feet; thence leaving said easterly line of Central Hudson Gas & Electric Corp. and running through the above described 99.634± acre parcel, North 70° 48' 33" East 100.00 feet and South 28° 23' 15" East 200.95 feet to a point being on the northerly line of Lot No. 19 as shown on the Riverdale Subdivision (File Map No. 5422); thence running along the northerly line of said Lot No. 19, South 720 08' 00" West 43.77 feet and South 70° 44' 00" West 56.30 feet to the point of beginning containing 0.454± acres of land. Paggi, Martin & Del Bene, LLP June 11, 2004 2000-03(36) RE, SOLUTION NO. 2004 - RESOLUTION GRANTING LICENSE TO THE FAMILY EQUESTRIAN CENTER, INC. TO AUTHORIZE PROPERTY BEAUTIFICATION AND EQUESTRAIN ACTIVITIES AT CARNWATH ESTATE At a special 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 9th day of June, 2004, at 6:30 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 The following Resolution was introduced by Mr. Valdati Mr. Paolo,ni and seconded by WHEREAS, the Town of Wappinger owns a 99.5 acre estate located on Wheeler Hill Road in the Town previously known as the "Greystone Estate" and now known as the "Carnwath Estate"; and WHEREAS, the property consists of approximately 99.5 acres of land, portions of which are improved by a 19`h century mansion, a dormitory building, a large chapel, a carriage house and other related buildings and detached structures; and I \\Vsrp030CommonMappinger\Town Boa rd\RESOLUT I WCarnwath-Equestrian License.dor. WHEREAS, the Carnwath Estate has historically had a strong affiliation with horse raising and training, particularly for horses used for pulling carriages and parading with carriages; and WHEREAS, the Town has previously contracted with J. Kenneth Fraser & Associates, P.E., L.S., L.A., P.C. (hereinafter "Fraser") to prepare a comprehensive master pian for the development of this estate; and WHEREAS, the Town has previously made application to the Dutchess County Open Space and Farmland Protection Matching Grant Fund for a grant to assist in defraying the costs of the purchase of this property; and WHEREAS, the Town has agreed to impose a Conservation Easement on a portion of the Carnwath Estate; and WHEREAS, The Family Equestrian Center, Inc. (hereinafter the "Center") has agreed to provide property beautification in connection with equestrian activities as part of a program to provide instruction and community enrichment in matters relating to horses and the historical heritage of horses at the Carnwath Estate; and WHEREAS, the proposal submitted by the Center is consistent with the Conservation Easement proposed to be indexed against the Carnwath Estate as well as the master plan of the property as proposed by Fraser; and WHEREAS, the Town Board determines that the proposal submitted by the Center is consistent with the heritage of the site, the best uses of the property and in the best interests of the residents of the Town of Wappinger; and WHEREAS, the Town Board has determined that the proposed action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR 2 \\Vsrpi}31Common\Wappinger\Town Board\RESOLUTIONICamwath-Equestrian License.doc (commonly known as SEQRA) and pursuant to Local Law No. 6 of 1992 (the Town's Environmental Quality Review Law); and WHEREAS, the Town Board has determined that the proposed Resolution is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the only Involved Agency, and is the Lead Agency for this action. WHEREAS, the Town Board has determined that there are no adverse environmental impacts associated with the adoption of this Resolution and hereby issues a Negative Declaration of Significance, and the Town Clerk is directed to file the Declaration as provided by law. 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 and grants a revocable license to The Family Equestrian Center, Inc. to use portions of the Carnwath Estate to provide an equestrian program, activities, and instructions in horse handling and related equestrian activities consistent with the historical nature of the Carnwath Estate and its affiliation with horses. 3. The terms of the license are as follows: (a) the Town may terminate the license agreement upon 90 days notice by delivering by mail or personal service to the Center at their offices presently located at 27 Fishkill Hook Road, Hopewell Junction, New York 12533, or at such other place as may be designated in writing by the Center; (b) the Center 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; 3 11Vsrp031Common%Wappinger\Town Board\RESOLUTIONICarnwath-Equestrian License.doc (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 Center 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, and fire legal liability; such policy shall also name the Town as an additional insured in said policy; (e) the Center 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 Center, its officers, members, contractors, agents or employees; (f) the Center 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 Center, its officers, members, contractors, agents or employees; 4 11VsrPMCommon\Wappinger\Town $oard\RESOLUTION1Carnwath-Equestrian Ucense.doc (g) the revocable license agreement shall also authorize the Center to use the carriage house at the Carnwath Estate to construct corrals, paddocks, storage facilities and shelters for the keeping of up to 12 horses, all in accordance with a proposal submitted to the Town Board dated June 7, 2004, a copy of which is attached hereto marked and designated Exhibit "A"; and (h) the exact areas to be used by the Center for the keeping, raising, pasturing and sheltering of the horses and for the storage of related materials and equipment shall be designated at a future time upon mutual agreement of the Town and the Center which shall be incorporated in the license agreement hereinafter referenced. 4. The Town Board expressly determines that the revocable license authorized and granted herein: (a) is not a conveyance of real property; (b) is not intended to grant or convey to the Center the exclusive use of the land in which the equestrian activities are to be conducted 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 rights herein of the Center; 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 Center. 5 11 Vsrp031Common\Wappinger\Town Board\RESOLUTIONICamwath-Equestrian License.doc 5. Albert P. Roberts, Attorney to the Town, is hereby directed to draft a revocable license agreement to be executed by The Family Equestrian Center, Inc., and the Town, consistent with the terms and conditions as stated in this Resolution and upon terms that are mutually acceptable to the parties. 6. The Town Board has reviewed the Proposed Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (SEQRA) and pursuant to Local Law 6 of 1992, and hereby determines that there are no adverse environmental impacts associated with the adoption of this Resolution, and hereby issues a Negative Declaration of Significance for this project. 7. The Town Clerk is hereby directed to file the Negative Declaration of Significance as provided by law. 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 June 9, 2004 A�ze Aye Aye AVP Aye The Resolution is hereby duly declared adopted. GLORIA J. MMSA TOWN CLERK 6 \\VsrpMCommon\Wappinger\Town Board\RESOLUTIONICarnwath-Equestrian License.doc DRAFT: PROPOSAL June 2004 The Family Equestrian Center at Carnwath Farm Wappingers falls, New York EXHIBIT "A" CONTACT INFORMATION t arry patiosexxr The Family► Equastrian Center, Inc. 27 VhW+ kW fxook Road, Sopewcll junction, New York 12533 8415697 2966 -". mn C. wrp- G0vW=ent%i & Adm1aisU%dv* Cousulrara, for Tlie FjunUy Foquestriaa Center, Inc. The'CVm Cmap, Inc. 71 Florence AVG, P4hkdl, IVY 12324 2 Clue 545.656-92OX { shewmWUP(efoptontiae.net N The Fe:nfryr4vuhan Cuter, Inc. F( LZ j ')WT PROK 40- . , MAY 700A '/M..'MFy.•.W�esY��rylltYna��p�,.,�.�yd�{w� 1.J�i1ir14PM4�lYfr76/faw.n. 0 Ongoing NMt*n;; i)ni'c, lfit Itteatign *(The Center is no longer in yu;;Ktion, ##tarry contributom xuch its those listed [xi(sa•. }atvc meek: thamsekw available ti)r tut w apply for g"bu sce. All oi' Vur pMvic3u3 t9c)nnr,t nftrqutpment end sources have indicated .1 tmntintOng IntCMqt in doingso at a new site. • US Pals. * Margam Stanley 05 .Rf.4rtw • I%lstOr Rmprald Frlcaclithip inft UtionAl • Itud..rtrt Valley Firvitali=don • 115 I'm •-%AKhC'M lhttt•hega Homentanb At1ssmists`c,n • Natsrgm'And WeStchvstees ROM Council w 9092r;' (,IUtm • "t" writdnt who have Odd their scrvic�s tsn the: Ix(sr wv 1't4m been an entirely self-surlkient s►penaLion. Onetvues are in stet, at The Factlit3�, wt wilt he el*U-* to Sault our own Punding ihmugh ssrveril vtrrtuW, with the irszent.jon of drd skk*11y reeduciss the TCRMIa riscal atot:itfutit�n a� sluicWyra pcz ti(zlc. 7=tt ��f ehss tuartra:�vr havti u•od and will continue to driw upott • tir7trtta • Special wosmms -school prograt:ss pnni;lO 015elli ;V+ titr ats.,i,ted funding + In -khat! t1mathms Yulunttet7K D. froP" Usoge and Growth ■ i hOw l: Im"01fials Needs (.June ihrovgh August of 2004) • gain immediate accuse to ground# to at:certtt nbpuir rwtd; Pin the sltr (Time -fine, one YVAr it) ;nastkkOil IMOsary imp ntz, to cmttre 110611tihs are up in code.) • With :rcl>eduling of repairs hx.irtg been 4.Kt*blishLcl, Provide :n initial tient-lira ti)r tlTst Phsru I+rctgrttm tnidstion. This bane -line will occurafter fenrieg, oMm space, track ruam. sully, end ail Imes 4)1* Wth and soetfcstlon are uddretw-d and up to ctx1e. The 1,Lwnwin need to he involved during this phase w offer as much asatsutnce where posatble. Tc:mpnrary Lou c>f an tin�edtt rs*tlde:rrre Seine to !e! used as office and olvrotluivi managemant arta. * TvmPomry use of a steneral-use irtitmetkltUtl spa(,, fnr;m Mm eduratit)n/inrtructic►n tet k1r�c:x imul't"- • threes the sllxvm conskle aWro, eootdirmte vrtlunic rs. corporate: smnimrs and etfnttnctstrt. cp Lmr0kr of our tm with hors" its {' myth Flom's+ Can mxurait ScaVn as pe*gible, 8 Phew U.- Future Needs (0clonce of 2004 lata 2005) (:13nva;r h)n eft' Cxlettng Carriage house inns multi -%tail hnmc MrnAmck stttrigc� Wr adutat;on and hors* ltcntsIns. 4 on *►wn au•mats -;ne. the Firmly Equestrian Cuter, Inc. N�L I r ...-- .0 r, �� win i ar ,u�i♦ JlY GJI YJJ[5 r.!'J..T'U-7 ,7� y DRC1i(?.C-� MAY 200• w�..��MFYYrr��luM+��/xNwY .y W.�{��,r1M�YMYI.�Iw� M�.I�YMN�14L!}4R JLI�IVN.1gO. + Fence ;rt :,t.w Pastu= tU enable rota ti n of Igrriing ir. —genas,, montfw. Constructicm ofne•M corrft!ling ring hiar riding imsruction in or&r to reduce imptcuinter7etion with 4-A(Ming FatiiiticK and boarders (fun her m -duos% Uahilitiy complications.) vaiunmem bwanne Gelli Rot*ru 7 :Memahan Lincs ttlrtkicy TnIci Rizrc) Vomen flf?�tarn Attorecy- Robert Miller, Fsq, Accotwtant-. joserh GCIlMa, CPA The vt M <imup; Kit Cniboum-WrYc – Design of brochum. )Os(m. document compila;ion Brian C N rye Covemmental and AdmtnWrativc .+uTithw Pedrr, C:t,rrleru – PlUgNaMatic GuidelinewCoordin.ltiom IdentiRwtion urGrdnt. Vinny'Unr gnr. Hudson itivefNsvigittor, .lariat (:rsftLNt: ftlA sional Af ates rand ConWbutors Servicxg Joseph I-trlk m M vA I',O= 0112 — Jtff RUMpt Stephen Staff DV 4 0enniv Sullivan Iziil Lec Rap Tstecking 3oxeph 6elunan, CPA �oTtxdx --jamas Serttaett DC 1X-PIrtrntrtt LW Prob tion, Senior Pro n,tion C)f1hVf. Vivian C:irillo ms CaTh"' t:hariti" Youth OtpnbMtiOn (CYC)) – 1-1 Ilk' iferOUS Pt+cj= A Tcrsc'xr, Yount I110me Councif – Coni Sw%loc* Sktc)lrb Milicr LL}►—,Awrnera dt Counselor at law Ivercxrt I'arnum flo= Products/Vet Supplement, For:l ex Oex Operation Equipment Matstrrc:atd via C.9tholk OnxideA. through 50 vuluntix,^ Rotary (vii M)) Lions c: hub Byer tlnr %-- (Yo he announced) Cirarnt writer - AdvLxory Veterinary Services Ferrier/Blaclomith May Supplier 'rransrxjrtAuc)n Accounting Advisory I:Abor ('03) $20.000 ('04) $29.000 52.iM to datc Lew I 5500 S500 20.t>V0 S25,000 M"40tatnt Support $4.000 tw I ow �rq.fr tla rnn s.�A. lne The Family Eque triad Center, In& �: dRW7 pRCZPr�g,� .. MAY WOW -•+..r.....-...,.......,.,..,�...w.�.,..._.-...ter-... Skteltitt: ytidias John 11vn• —• Clinician Nationai g4,D(f Lynne KIM �, OW Blue $eul Foodsidissco�unt) $74Q $7M e:heinkcScl inut�weiortal T x�irtlKk; PR)dUCU project Snppties 5550 Young Hicicr Maurine --Program Aids $30050 1'mVicxk RiderTrck $400 JP lvcsrt , 7ck $500 Old ilirlcory 3300 RurWinx fst rrTrack . 251) VS Sakt-F ProduC[S — First Aid Kits 12(X) S150 HZMA; F:dwvrd P. Grtsif (Aur hor ' ilnr;eff A kids At Itisk* This txwk uses -11,u (;cntcr as Y fc)Lcal lx)int of `cw rqse2>Yh.) Prehmiizary NR c,fOtgarlvations indicating harihtr;iref�tsnec MAS011Z • Y11vih (4vup Rotary club I.ion'Y Club .%U+it'S' ("J rd Kurth 11c m -At Construction (itagPandNf UFt ulxm request) . &Ip.ip 2m xrie Dn. ins. The FAmi)y Eiluestriair Center, Inc .r DW MKII 2004 MMiM�MgMfrllWMi.a`�.r,..y„y�yy�y��,7*MN�1'.i.r►..w�M1rN►'w.ar. v. r/IM.IKM+Ms.i_ TI..�..M4r. E Prtagrerrfa: Past amd Present Psi?,ram �'itk• - Jl'-4 G7( 4JJLJ r.ej(iUj i Wds) far Caathcafc Youth Organfaation (CYO) Approxitnalety _ pettpliRt 4f��t+o�am: &i�EeOeein/tr odonari gmmh m4zasttr Celleipm�m .-._. __..._..._ ,... �.. t,acaattin ofpwoRram;GY4JV 1 Iry. p k'�'"��.. mars FaclUry:iinI;- VDh a uaidated: .__ - �, Summer2003 _- _.. Pe: Imel. 114, f forks. and ` 8,roi rtes sljci v0ous -•--- . _ - f ua�cers. ' horious GY4 at�liatea _ ta!:rnbured srrvic _ BUdjet au iron% provaded: -• $B4OOD kaase tbrhones by {'oom is "r! 3 sialk volunteers, g ita..rsen utc� .."" ` vatiaos GYO AMia . plaid Charities PMviW froe of chic -.." .."�—_ t r;e to partiripcents paid for thM* the Annie Sfmre $9,600 saatli'cortMpmasdon frwn (Rrhofic Charities Stholsrsh D trogMm_ whkb hW a eontriba doAar smoani of $ Rin Less than -- 250 Acre _ sa, tiidi nR R i n 2 urea), some of these children tc rilized :.. _......... , . _ .. _ $2010D0 MasterC,rd. far facilities i nprovement (50 MC employee voluriterred for three days) i Pepsi Corp ition, providing 100 "oiunteers for i W"k of Ixcllfoies improvement i $180,000 Raw International donated towards Wde Fferoes, of smith AP Farces i r�eiviced $ r .ikstripdon: _ '- ' $3 D0 eor a bund tn Breyer Horses, fy_r jwrds and '7es ' _� X50 Acre Acttss +oitli i 5 acres derliratect -.. T'rtSMMT,tk _.---..'� Itoo SBWAFL-GO NewYor's i _. � `- -union L--.,..._.._.__.._�_ Pt:r{xfse alert ztc i ituter0 Youth Pro mm _ _ ___ _ ' Ilatmducgoa!t to horterttautship (A.3.L.L. Participants alto) ._y�T LOWItion of prograrq: CYO JV Mars Pscihty Pi, M Valkti, Ntm- York TR'itto i Persalt* no. of horses, and f co�vlbuboda�e>yvkr�: 3 sialk volunteers, g ita..rsen utc� .."" ` vatiaos GYO AMia . I Bratlacet artd I,oa proiiided " PMviW froe of chic -.." .."�—_ t r;e to partiripcents paid for thM* the Annie Sfmre ' Site d�Scriptiari: . ^'_ Stholsrsh D trogMm_ whkb hW a eontriba doAar smoani of $ Rin Less than -- 250 Acre _ sa, tiidi nR R i n 2 urea), some of these children tc rilized :.. _......... , . _ .. _ „� Sam 'h mines of Wis Pm numTide: maf3P Cegt l Stltool&Wick• Atgi Horse Pro { ft eat cn► hlgtz - .._.ScbW WQ Sim at ris .v1}rPm of pmpm. ' - - ; Self•Est em/emotioitat gravr�it and disaster n[ief program �Y ,...f Locot)" ofp�mgtam: j PsCfis Hape+��elf yevrYorlt, Nev-York • . When Wdated: Fall 2003 'frsdrdel, aaa. of hare, tent! ! 4 stag, 2 scfrool, Z mains repreaec►tartm and S studrnkc : conrr�uted serri�: ' .� ' Budtitr and low pros ld Sgd'tlrsle dootted; school regresennuvts paid by arhoct Poona Po •tic food horses donated in->atad taft W"to ow.er: m.s. iRa. The FaAly u`f�-` y F.�uesirlaiar Center, ttla:. � ("` 0" �r' 1'KC?P fIx MAY 7004 - Jac.,.•..—....a,.:YM «.. __.n..�n..r.n..•w..n.i...rwwni...teener....n;•n•....a,aa....w,•�..,,.... ` &0 a Progar.) Do Horses,HocDrug Sacred bt,iibn y High S'�'�c ovh studea►a, is expand ro:u bol hiAschno4 Tar to Of:PMPIIz; _ . --. Self E34aem hued levia enrn�ing'.� _.... _ ��" _ __w.... -•-; Li+calion of ' iiw... _ N AP YAMS, Hapta OPInedon, vtw York end Carmath, Wappfters M� W::ri-1i -.1 iriatad: t SUMMer200L -present --- •- )�Mifjtl')a uo, of harm. and 7 horse3, 3Stat% v2r1aus votviiWe.� caitr bused senka. { 8 etzitd hnx° __ .... _ ... _ p�Yideci:4 .... , lea• ndl� � oons/apasois[iip5,f�Ind misers -� Site......— Arrl.14 PMg .—T . e. _.. _,.... Veterinary Pmpm _ ,..._.. Aur . e of proaesrr _ — ' Hauds.oa hssic Mer cis stalls ..Lx.rt7n8Frsns; _... � GYOJVMarta3racitityPt�tnztmV�i1F�:•i,�eWvYork----�"�.....,..._.__........., At' firmsI Garsgvaih Fane Eft-�srtel, ice. aFhasks. atcd �12 borses, 4 O vviru1 'ailint"Ps conozbuted 3micear �bus:Fet and how PIMMed: Dnnadons from: - _..�..... ,. _..._ �__ •. i Code+ 1plemadomtt S0ume, Inc. Old i ;Am Sf� tlescrfgti►?n;... �.....,.... N Mac pmdacfs FaMaru Ivemn berywbw a vet is needed? - �. roG the Fam4y Equestrian Conter, Inc, { � f MAP P*OP - . MAY AOA4 '�M-���q6�..-il'•.......,N,M..,.............i.M+.�..�:T'�+�,v,i.,...�rytl............H.r,:,,,.gw,+,w..M.A..r- MWO PMItn. '- -� NadmulBlack SOW Uiewy pAgmm w �r tn.Tktl�: 3 To lmrobe lout Owy school district t+isnx>zte of pt ttr: :+>� Ghlld Left B tad litidath�e bu espire cJt re rad. nadottal literacy ppm thAt proMes ba* to widens and Int+etaeWn with their itfiflles and ; " ,..... _.._.. ,. _... _ � horse:. "._ ... _........._....._.......... � .� WOO of meaw Cumvss oYt<ppiugee } �� dew ti Hilt 200 itrsonAef, no, f1rhoAft, ani—I i horse 2 SUN. rario,w volitnterr P04110110d smites: Au- and hog I�ro�. tart:^ r � Castaftookx 25 children per cti•.s- Dots not Invok ridtag time is,at - ` dookht;lsovchittg horse. ', 1_ - Purpose of PMPm Ptrsonnef. tto. aidiorses, and � �v�tt�uledsarvica: _ € 64et and hen% yM'V (ka. Sate dascciptlon: -- __ . tan M; dm:.. ._.`.. . jrPM � tnarriort�`"pigcrsnr:.. . ' ltrxnttnet; no. o't'�ho:fes. and in-J&d doudw danation letter* provided br the ftwarants for Reading Fuad D*v i Giutal Fainly Reihnrxnt Gwiffellows Restaurattr s Sd�osu R Raetvr�nt FlshWA Goi Qmler NOW Puture, minimal acreage Glot enough information=) ,,..___ �n• Pt+cyrun Commvntty� 1;arrisfte ljfias topublic with histodemons ndons diving h Cxrt'ior TtsUs Wxppitrtters Fo! NM York and —it F-JcE,xl�^� earth & Rescue tre+puncttts_KPRIrst-aid ptm moantcd} Wappingers Z6, Ntw York .i .. • • .w��._.r •r.. .�-• --'.wry n...w.J V111MA s V011111MIN }pei and ttor'rYid�ed: t:tlldedng PDNYioatrctetaex1 S lade Ikpartteni/Dt3tCttesS Gomtauniar Co Pretimlax tonyeraations'ARb tool Mason ot�antsrioll to s a�►sorY ail trSue i = .._ The family ffluestrlan Canter, Inc. �, PROJECT ID NUMBER 617.20 SEOR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1-APPLICANT/SPONSOR 2. PROJECT NAME Town of Wappinger, NY License Family Equestrian Center 3 -PROJECT LOCATION: Municipality Carnwath Farms, Wappinger County DutcheSS 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or provide map Wheeler Hill Road 5. IS PROPOSED ACTION : L1 New ❑ Expansion ® Modification I alteration 6. DESCRIBE PROJECT BRIEFLY: The Town of Wappinger proposes to license 'land and certain facilities for an educational, equestrian program to be operated by the Licensee, the Family Equestrian Center. Land will be used for pasturing horses. Licensee will also utilize portions of the Carriage House. 7_ AMOUNT OF LAND AFFECTED: Initially 10 acres Ultimately 10 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? © Yes ❑ No if no, describe briefly - 9, WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) FZI Residential ❑ Industrial ❑Commercial ❑Agriculture ❑ ParkI Forest /Open Space ❑ Other (describe) 10_ DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ❑Yes NNo If yes, list agency name and permit I approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ElYes 12 No If yes, list agency name and permit I approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT] APPROVAL REQUIRE MODIFICATION? ❑Yes ® No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS "TRUE TO THE BEST OF MY KNOWLEDGE Applicant I Sponr Name Date: Signature VV If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART Il - IMPACT ASSESSMENT (To be completed by Lead Agency A_ DOES ACTION EXCEED ANY TYPE I THRESHOLD 1N 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. Yes © No 8_ WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? if No, a negative declaration may be superseded by another involved agency. 71 Yes I--? No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: No C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources.; or community or neighborhood character? Explain briefly: FNO C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: Na C4_ A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly =No C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: No C&_ Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly_ C7 WE IE use of either ouantity or tvoe of D_ WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CEA'?(If yes, explain briefl . Yes ® No E. IS THERE, OR IS THE Yes ®No . RE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: PART 111- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS- For each adverse effect identified above, determine whether it is substantial,large, important or otherwise significant_ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude_ If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed_ if question d of part ii was checked yes, the determination of significance must evaluate the potential Jim pactof the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur_ Then proceed directly to the FULl. EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actio WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Tcy�m of Ki�in er New York .�7ZL�� Name of Lead Agency Date TOWN CLERK GLORIA J. MORSE June 10, 2004 TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-5771 DEC 21 South Putt Corners Road New Paltz, NY 12561 SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI Re: Resolution Granting License to Family Equestrian Center to Authorize Property Beautification & Equestrian Activities at Carnwath Estate. Enclosed is Resolution No. 2004-193A that was adopted by the Town Board of the Town of Wappinger on June 9, 2004, wherein the Town Board issued a Negative Determination of Significance. Also enclosed is the Short Form EAF executed by the Supervisor, Joseph Ruggiero. Sincerely a Gloria J. M Town Cler GJM/fh End. DR,4FT: PROPOSAL k 9 pi .� The Family Equestrian Center at Carnwath Farm Wappingers Falls, New York June 2004 CONTACT INFORMATION Larry Pariseau President The Family Equestrian Center, Inc. 27 Fishkill Hook Road, Hopewell Junction, New York 12533 845 897 2966 Brian C. Wrye Governmental & Administrative Consultant, for The Family Equestrian Center, Inc. The Wive Group, Inc. 21 Florence Ave. FiAMM NY 12524 Cell: 845-656-9281 thewryegroup@optonline.net 1kf Doc. Prep dy. the wrye group, ins.Jr 1l The Family Equestrian Center, Inc. DRAFT PROPOSAL — MAY 2004 The Family Equestrian Center, Inc. Mission Statement: We believe that in the uncomplicated device of physical work combined with community service there can be derived the simplest of joys, reaping disproportionate quantities of satisfaction. We, therefore, believe that in such an environment, children can begin to understand the powers that Jay dormant within themselves and with such awareness a great and caring citizen will emerge. It is our pledge at The Family Equestrian Center, to provide such an environment and to strive to maximize the opportunities afforded this organization in ever evolving ways in. service to our young citizens and to society at large. The Family Equestrian Center is not a religious or political organization. We welcome all peoples from all walks of life and from all ancestry, as we believe that the wider -range the tapestry the more the community at large can benefit. A. Programs The Family Equestrian Center, Inc., (hereafter The Center), seeks to offer (proven) programs and services in an initial three --year phase. Ongoing, The Center would evolve for the purposes of outreach to an ever expanding diverse population. ■ Trail Program On a broad basis, trail -manicuring, combined with a forestry program, will benefit all who are involved in the program, or merely come to visit Carnwath Farm. However, the focus of such a program would be for The Center to incorporate local Youth Bureaus/Clubs, so to provide the youth with an educational opportunity in the area of resource management. This program would also provide an occasion for young people to grow into a stronger sense of community volunteerism. (Possibly Involve: Local 4-H Youth Development Teams) ■ School Interaction We will provide a self esteem program in cooperation and in coordination with school counselors, to enhance our Wappingers Central School District's Peer Leadership Program — whereby secondary students are trained to become leaders within their school community. ■ A.B.L.E. Youth Program (Adventure Building Leadership $ Example) This is a proven youth program, adapted and expanded on by The Center, whereby children and their parents, or mentors, use horses as a means of equine assisted personal and family development, with community involvement including: 1. Drill teams 2. County functions 3. Incorporating search and rescue team development Once certified by appropriate agencies, a mounted search and rescue program can provide ongoing CPR and first aid training for the community. This would be in cooperation with Town Fire Department and Rescue Services. (Such an on-site program could serve as a contingency - service to the traditional first -responder organizations. An evolution of policy and procedure Uoc. Preply: the wrye group, ane, The Family Equestrian Center, Inc. R DRAFT PROPOSAL — MAY 2004 would need to be coordinated to address liability concerns. Section below addresses added liability concerns.) ■ Literacy Program We will participate in programs like the BIack Stallion Literacy Project (see www.bsln.ore), to encourage elementary age kids to read these famous stories and then be able to touch and see the "Black Stallion" himself. (A program horse is earmarked for this role.) ■ Community Enrichment Introduction to Horsemanship Program — will provide educational programs and resources to Potential horse owners which will include training, and access to people -friendly program horses. Other activities can include, but not be limited to, horse-drawn wagons or sleighs available for the community to experience at functions that would enable any age participant to enjoy trails and grounds on scheduled outings. Demonstrations with bistorical szgni�icance -- activities like plough demonstrations, instruction on how to ditch a team of horses to a wagon or sleigh, and how to drive a team, can be tied to a (possible) historic Carnwath Farm living museum. Internships — such as farrier (horseshoeing) training, and a "VetTech" programs for aspiring veterinarians are being developed. B. Llabiliiy Concerns Liability concerns cannot be fully evaluated until the specific programs to be implemented have been determined by the Town. However, we offer the following considerations: • Site -and programs will be structured to CHA Certified Horseman's Association standards with pre -education to limit potential hazards • Please note our unparalleled record of NO injuries. • We would work hand-in-hand with Wappinger's risk -management personnel to minimize risks. (Please see attached liability release presently in use.) C. Funding ■ Initial Funding Our intention is to provide quality, educational and enriching programs, without being a burden on Town's resources. However, to properly establish the existing experienced animals as quickly as possible so that they, and our expertise, can be effectively utilized by the Town, we will need initial funding. 6.t �r it Uoc.Prep.6y: the wryegroup, Inc. The Family Equestrian Center, Inc. jT DRAFT PROPOSAL — MAY 2004 ■ Ongoing Funding Once the location of The Center is no longer in question, many contributors, such as those Iisted below, have made themselves available for us to apply for -assistance. All of our previous donors of equipment and services have indicated a continuing interest in doing so at a new site. • US Polo • Morgan Stanley 05 grants • Kantor Fitzgerald • Friendship International • Hudson Valley Revitalization • USDA • Southern Dutchess Horseman's Association • Putnam and Westchester's Horse Council + Rotary Clubs • Grant writers who have offered their services In the past we have been an entirely self-sufficient operation. Once we are in situ at The Facility, we will be eligible to seek our own funding through several venues, with the intention of drastically reducing the Town's fiscal contribution as quickly as possible. Some of the sources we have used and will continue to draw upon are: • Grants • Special programs – schooI programs provide openings for assisted funding • In-kind donations • Volunteers D. Property Usage and Growth ■ Phase I: Immediate Needs (June • Gain immediate access to groun access reit needs for the site a -Line: One year to make all necessary improvements,,. ensure facilities are up to co e. • With scheduling of repairs having been established, i zvide an initial time -line for first phase program initiation. This time -line will occur after fencing, office spacP�W_cck mom*-stalls,and all areas of health and sanitation are addressed and up to code. Th& -Town will need to be invo during this phase to offer as much assistance where possi e. Temporary use of an on-site residence space to be used as office and operations management area. • Temporary use of a general -use instructional space for program education/instruction to larger groups - • Given the above considerations, coordinate volunteers, corporate sponsors and contractors, sof transfer of our program, with horses to Carnwath Farm's can occur as soon as possible. ■ Phase II: Future Needs (Balance of 2004 into 2005) • Conversion of existing carriage house into multi -stall horse barn/tack storage for education and program horse housing. Dec. Preply: the wrye group, Inc. The Family Equestrian Center, Inc. DRAFT PROPOSAL — MAY 2004 • Fence in new pastures to enable rotation of grazing in "grass" months. • Constriction of neve corral/riding ring for riding instruction in order to reduce impact/interaction with existing facilities and boarders (further reducing liabilitiy complications.) Volunteers Suzanne Lalli Roberto Monahan Linda Hinkley Traci Rizzo Doreen Higham Attorney: Robert Miller, Esq. Accountant: Joseph Geltman, CPA The Wrye Group: Kit ColbournWrye — Design of brochures, logos, document compilation Brian C Wrye - Governmental and Administrative Affairs Pedro Cordero — Programmatic Guidelines/Coordination, Identification of Grants Vinny Tamagna, Hudson River Navigator, Marist College Professional Affiliates and Contributors Services: Joseph Heller, USDA Coca Cola —Jeff Rumpt Stephen Staff DVM Dennis Sullivan Bill Lee Rap Trucking Joseph Geltman, CPA Nortrax — James Bennett DC Department of Probation, Senior Probation Officer, Vivian Cirillo MS Catholic Charities Youth Organization (CYO) -- Little Heroes Project American Youth Horse Council — Legal Services Sholes Miller LLP —Attorneys & Counselor at Law Ivercare Famum Horse Products/Vet Supplements ForTex /Fortoflex Operation Equipment MasterCard via Catholic Charities through 50 volunteers Rotary (via CYO) Lions Club Byer Horses (To be announced) Grant Writer - Advisory Veterinary Services Ferrier/Blacksmith Hay Supplier Transportation Accounting Advisory Labor ('03) $20,000 ('04) $29,000 $2,000 to date Legal $500 $500 $20,000 $25,000 Assistant Support $4,000 Doc. Preplycthe wryegroup, lrte. The Family Equestrian Center, Inc. �� �` DRAFT PROPOSAL — MAY 2004 Products: Satellite Studios John Lyons — Clinician National Lynne Paha Blue Seal Feeds (discount) Chemical International Twinkle Products Project Supplies Young Rider Magazine — Program Aids Tropical Rider Tack JP North Tack OId Hickory Running Bear Tack VSI Safety Products — First Aid Kits . Extra: $4,000 $1,000 $700 $700 $550 $500 $400 $300 $300 $250 $200 $150 Edward P. Greif Journalist (Author: "Horses & Kids At Risk" This book uses The Center as a focal point of its research.) Preliminary list of organizations indicating further assistance: Masons /Youth Group Rotary Club Lion's Club Master Card North Woods Construction (Expanded List upon request) Lf Doe. Ptep.hy; the wryegtnup, inc. The Family Equestrian Center, Inc. DRAFT PROPOSAL — MAY 2004 ■ Programs: Post and Present Program Title: Little Heroes (9/11 Idds) for Catholic Youth Organization (CYO) Approximately Purpose of progam: 130 Children Purpose of progam: Self-Esteem/emotional growth and disaster relief program Location of program: CYO JV Masa Facility Putnam Valley, New York When initiated: Summer 2003 Personnel, no. of horses, and. 4 staff, 8 volunteers, y horses and various CYO affiliates contributed services: 250 Acre Access, Riding Ring (less than 2 acres), some of these children utilized approx. % miles of trails Budget and how provided: $5,000 lease for horses paid by Catholic Charities $9,600 staff compensation from Catholic Charities $20,000 MasterCard, for facilities improvement (50 MC employee volunteered for three days) Pepsi Corporation, providing 100 volunteers for a week of facilities improvement $180,000 Rotary International donated towards Little Heroes, of which AP Farms received $ $3,900 contributed by Breyer Horses, for awrds and pdzes Site description: 250 Acre Access, with 15 acres dedicated to program Program Tide: 1100 SEIU AFL-CIO New Yakles Health and Human Service Union Inner Ci Youth Pro Purpose of progam: Introduction to horsemanship (A.B.L.E. Participants also) Location of program: CYO JV Mara Facility Putnam Valley, New York When initiated: Summer 2003 Personnel, no. of horses, and contributed services: 3 staff, 4 volunteers, 5 horses and various CYO affiliates Budget and how provided: Provided free of charge to participants paid far through the Annie Shore Scholarship Pro — which had a contributing dollar amount of $ Site description: 250 Acre Access, Riding Ring (less than 2 acres), some of these children utilized approx. % miles of trails Program Title: Wappingers Central School District Pilot Horse Program (at risk category high school kids) Purpose of progam: Self-Esteem/emotional growth and disaster relief program Location of program: AP Farms Hopewell New York, New York When initiated: Fall 2003 Personnel, no. of horses, and contributed services: 4 staff, 2 school, 2 horses representatives and 8 students Budget and how provided: Staff time donated; school representatives paid by school Porta -Po ; tack, food horses donated in-ldnd Site description: 15 acres ktk� Uoo. Prep.by. thewrye11roup, ine. The Family Equestrian Center, Inc. �( jv DRAFT PROPOSAL — MAY 2004 Active Program Program Title: Do Horses, Not Drugs Started by John Jay HighSchool students, to expand to all local hi schools Purpose of progam: Self Esteem based activities/Mentoring Location of program: AP Farms, Hopewell Junction, NewYork and Carnwath, Wappingers When initiated: Summer 2001 - present Personnel, no. of horses, and contributed services: i horses, 3 staff, various volunteers Budget and how provided: In-kind donations/sponsorships/fund raisers Site description: 12 horses, 4 staff, various volunteers Active Program Proeram Title: Veterinary Program Purpose of progam: Hands-on basic vet tech skills Location of program: CY-0 JV Mara Facility Putnam Valley, Newyork AP Farms Carnwath Farm When initiated: Ongoing Personnel, no. of horses, and 12 horses, 4 staff, various volunteers contributed services: Budget and how provided: Donations from: Cheval International Source, Inc. Old Hickory Mac Products Farnam Ivercare Site description: Everywhere a vet is needed. Doc. Prep.hr: the wrye group, inc. The Family Equestrian Center, Inc. r DRAFT PROPOSAL — MAY 2004 Planned Proymn, National Black Stallion Literacy Program PLoSM Title: To involve local library & school district Purpose of progam: No Child Left Behind Initiative to aspire children to read, national literacy When initiated: program that provides books to students and interaction with their families and Personnel, no. of horses, and contributed services: horses. Location of program: Carnwath Wappingers Falls, New York When initiated: Fall 2004 Personnel, no. of horses, and 1 horse, 2 staff, various volunteers contributed services: Budgetand how provided: Cost of.bookx 25 children per class. Does not involve riding time just looking/touching horse. In-kind donation donation letters provided for the Restaurants for Reading Fund Drive: Gianni Family Restaurant GoodFellows Restaurant Seasons II Restaurant Fishkill Golf Center Site description: Walk to pasture, minimal acreage (not enough infbnnadon) Planned PtM ffi, Title: Carriage Rides/History Program Purpose of progam: Provide Community Carriage Rides to public with history demonstrations (living museum) Location of program: Carnwath Carriage Trails Wappingers Falls, NewYork When initiated: Spring 2005 Personnel, no. of horses, and contributed services: 12 horses, 4 staff, various volunteers Budget and how provided: Donations, scholarships and in-kind Site description: Planned Program, Pr-owam Title: Search & Rescue Purpose of progam: Initiate a first responders/CPR first-aid program (mounted) Location of program: Carnwath, Wappingers Falls, NewYork When initiated: Spring 2005 Personnel, no. of horses, and contributed services: 12 horses, 4 staff, various volunteers Budget and how provided: Enlisting FDNY instructors/NYS Health Department/Dutchess Community College Preliminary conversations with local mason organization to sponsor — will pursue Site description: Doe. Prep.by:the wryegroup, inc, The Family Equestrian Center, Inc. /(