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AGREEMENTS\\License Agreement Between Town and City – FINAL AUTHORIZATION - Halfway Brook Trail – 5-20-19
RESOLUTION AUTHORIZING HALFWAY BROOK TRAIL LICENSE
AGREEMENT BETWEEN TOWN OF QUEENSBURY
AND CITY OF GLENS FALLS
RESOLUTION NO.: _____________________________________________________, 2019
INTRODUCED BY: _____________________________________________________
WHO MOVED ITS ADOPTION
SECONDED BY: ______________________________________________________
WHEREAS, the Town of Queensbury (Town) and City of Glens Falls (City) are adjoining
communities that share in the use and enjoyment of recreational resources, and
WHEREAS, the Town and City have negotiated terms of a License Agreement to provide
for the construction, use and maintenance of a recreation trail to be known as the Halfway Brook
Trail located on property owned by the City located within the Town in the Halfway Brook
Reservoir Watershed (“License Agreement”), and
WHEREAS, by Resolution No.: 55,2019, the Town Board expressed its support of the
License Agreement and, upon completion of SEQRA review by the City of Glens Falls Common
Council, its intention to authorize and direct the Town Supervisor to execute the License Agreement,
and
WHEREAS, the City has advised that it has completed its SEQRA review, adopted a Negative
Declaration and authorized the License Agreement, and
WHEREAS, the Town Board wishes to authorize the License Agreement as presented at
this meeting,
NOW, THEREFORE, BE IT
RESOLVED, the Queensbury Town Board hereby authorizes the Halfway Brook Trail
License Agreement between the Town of Queensbury and City of Glens Falls substantially in the form
presented at this meeting and authorizes and directs the Town Supervisor to execute the License
Agreement and any other needed documentation and take such other and further action as may be
necessary to effectuate the terms of this Resolution.
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Duly adopted this 20 day of May, 2019, by the following vote:
AYES :
NOES :
ABSENT:
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RESOLUTION SUPPORTING HALFWAY BROOK TRAIL LICENSE
AGREEMENT BETWEEN TOWN OF QUEENSBURY
AND CITY OF GLENS FALLS
RESOLUTION NO.: 55,2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Town of Queensbury (Town) and City of Glens Falls (City) are
adjoining communities that share in the use and enjoyment of recreational resources, and
WHEREAS, the Town and City wish to enter into a License Agreement to provide for the
construction, use and maintenance of a pedestrian use recreation trail to be known as the Halfway
Brook Trail located on property owned by the City located within the Town in the Halfway
Brook Reservoir Watershed, such License Agreement to be generally referred to as the Halfway
Brook Trail License Agreement, and
WHEREAS, a proposed License Agreement has been negotiated between the Town and
City and is presented at this meeting,and
WHEREAS,the Town Board wishes to support the proposed License Agreement,
NOW, THEREFORE, BE IT
RESOLVED, the Queensbury Town Board hereby supports the Halfway Brook Trail
License Agreement between the Town of Queensbury and City of Glens Falls substantially in the
form presented at this meeting,and
BE IT FURTHER,
RESOLVED, that upon completion of SEQRA review by the City of Glens Falls Common
Council, the Town Board intends to authorize and direct the Town Supervisor to execute the
License Agreement and any other needed documentation and take such other and further action as
may be necessary to effectuate the terms of this Resolution.
Duly adopted this 11th day of February, 2019, by the following vote:
AYES: Mr. Ferone, Mrs. Switzer,Mr. Strough,Mr. Metivier,Mrs. Atherden
NOES: None
ABSENT: None
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LICENSE AGREEMENT
This License Agreement(hereinafter"Agreement") is made by and between the City of
Glens Falls,New York(hereinafter"City")and the Town of Queensbury (hereinafter referred to
as"Town").
RECITALS
The purpose of this agreement is to preserve and protect the natural resources of the
Halfway Brook Reservoir watershed (hereafter the"Lower Watershed"), including and most
importantly,the Lower Watershed's water quality, and provide for the construction, use and
maintenance of a passive recreation trail to be known as the Halfway Brook Trail for the use and
enjoyment of the general public.
Whereas,the Town and the City are political subdivisions of the State of New York, each being
governed by their respective charters, laws and regulations setting forth the roles and
responsibilities of various decision-making councils, boards and commissions, and
Whereas, municipalities are adjoining communities that share in the use and enjoyment of
environmental resources of inestimable value including abundant sources of clean water, clean
air and a diverse biosphere, and
Whereas,the water resources and the surrounding undeveloped land of the Lower Watershed are
essential resources of the City required for the supply of clean drinking water to City residents,
some Town residences and hundreds of local businesses, and
Whereas,the water resources and the surrounding undeveloped land of the Lower Watershed are
a beneficial scenic and natural resource of the City located within the Town, are part of a system
of ground, surface and subsurface water, and provide wildlife habitat,open space and visual
enrichment for the general public, and
Whereas,the City watershed lands, acquired for the specific purpose of providing a safe and
protected source of drinking water, are held in trust for the People of Glens Falls in order to
ensure that human disturbances and development of the land adjacent to streams and reservoirs
do not negatively impact water purity and quality, and
Whereas, the city charter prescribes that watershed lands may not be sold, conveyed or leased
except as approved by a City-wide referendum,held as part of a general election, after proper
notice and two public hearings thereon, and
Whereas, Town has achieved laudable goals in developing a passive recreation trail system on
property adjacent to Lower Watershed and desires to develop a trail through the Lower
Watershed to connect to existing trails on adjacent properties and to establish additional trail
opportunities by means of a larger interconnected trail system with substantial public benefits,
and
Whereas,the municipalities have determined through cooperative effort the Lower Watershed
can continue to serve its essential purpose of supplying of clean water after undergoing limited
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said notice,propose remedial action to address the issues set forth in the notice which remedial
action is subject to the approval of the City's Water and Sewer Superintendent prior to
implementation. The Town shall,within five (5)business days of approval by the City's Water
and Sewer Superintendent of the proposed remedial action,take such approved remedial action
to remedy the adverse impact or damage to the maximum extent practicable. In the event that
the Town fails to take or commence remedial action within said (5)day period, or the remedial
action taken by the Town is deemed insufficient by the City's Water and Sewer Superintendent,
the City shall have the right to take any remedial action it deems necessary to remedy the adverse
impact or damage to the Lower Watershed and the Town shall be solely responsible for any and
all costs incurred in connection with same and shall pay such costs within thirty(30) days of
receiving an invoice for same from the City.
In the event that the use of the Improvements as set forth herein creates an imminent
danger or hazard to the City's water supply, or the New York State Department of
Environmental Conservation or the New York State Department of Health issue any violation in
connection with the Lower Watershed that is caused, or contributed to, by the Improvements,the
City shall have the right to immediately suspend or terminate this Agreement.
(c) Any and all other damage to the Improvements or the Halfway Brook caused or
contributed to by the Town's and the general public's use of the Improvements not covered by
Paragraph 15(b) above shall be corrected by the Town, at its sole cost and expense, within a
reasonable period of time after the Town receives notice of any such damage.
(d) As part of the Plan,the Town shall implement the public education and
notification program to promote public awareness of the prohibition against entry into
unauthorized areas of the Lower Watershed.
(e) The Town shall prepare and submit to the City an annual report that summarizes
the activities and conditions of the trail and any use conflicts or environmental problems
encountered during the year including the manner in which they were resolved.
16. Term of Agreement: The term of this Agreement shall be for a period of twenty
(20) years and shall be automatically renewed thereafter on an annual basis unless terminated by
either party.
The annual renewal of this Agreement is conditioned upon compliance with the terms of
this Agreement as determined by the City.
17. Attorneys' Fees: In the event any litigation, arbitration, administrative proceeding
or other proceeding is brought against the City by the New York State Department of
Environmental Conservation, New York State Department of Health or any other governmental
entity in connection with the Town's or the public's use of the improvements, the Town shall be
solely responsible to defend the City or reimburse the City for the costs and reasonable attorneys'
fees incurred in defending such action.
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Further, in the event any litigation, arbitration, administrative proceeding or other
proceeding is brought against the Town to enforce Section 15 herein, the Town shall be solely
responsible for the costs and reasonable attorneys' fees incurred in connection with same.
18. Paragraph Headings: Paragraph headings are included for reference purposes
only and do not constitute part of this Agreement.
19. Governing Law: This Agreement shall be governed and construed under the
Laws of the State of New York.
20. Severability: Whenever possible, each provision of this Agreement will be
interpreted in such a manner as to be effective and valid under applicable law, but if any
provision of this Agreement is held to be prohibited by or invalid under applicable law, such
provision will be ineffective only to the extent of such prohibition or invalidity, without
invalidating the remainder of this Agreement.
21. Waiver: Waiver by the City of any default by the Town shall not be deemed to be
a waiver of any other default under this Agreement. Any remedy or election under this
Agreement will not be deemed exclusive, but instead,whenever legally permissible, will be
cumulative with all other remedies at law or in equity.
22. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties.
23. Assignment: Neither this Agreement nor the rights granted herein may be sold,
assigned or otherwise transferred without the written consent of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
Licensor: Licensee:
Daniel Hall, Mayor Date John Strough, Supervisor Date
City of Glens Falls Town of Queensbury
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