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AGREEMENTS\Sears Richard Tree Service—Equipment at Ridge Road Transfer Site—7-6-2020
RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND RICHARD SEARS TREE SERVICE
RESOLUTION NO.: ,2020
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to enter into an Agreement with
Richard Sears Tree Service (Sears) regarding the use and maintenance of certain chipping and
grinding equipment owned by Sears at the Town's Ridge Road Transfer Station so that the Town
Highway Department may process its highway clearing materials at that location, and
WHEREAS, the Town and Sears have negotiated terms of a proposed License Agreement
substantially in the form presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the proposed License
Agreement by and Between Town of Queensbury and Richard Sears Tree Service substantially in
the form presented at this meeting and authorizes and directs the Town Supervisor to execute the
Agreement and take any further actions necessary to finalize the License Agreement, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
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Transfer Station Landfill Equipment Operator, Highway Superintendent and/or Town Budget
Officer to take such other and further actions as may be necessary to effectuate the terms of this
Resolution.
Duly adopted this 6`" day of July, 2020, by the following vote:
AYES
NOES
ABSENT:
AGREEMENT\Sears Richard—License Agreement—July 2020
LICENSE AGREEMENT BY AND BETWEEN TOWN OF QUEENSBURY
AND RICHARD SEARS TREE SERVICE
THIS AGREEMENT, made as of July , 2020, by and between the TOWN OF
QUEENSBURY ("Town"), a municipality organized and existing pursuant to the laws of the
State of New York with principal offices located at 742 Bay Road, Queensbury, New York, and
RICHARD C. SEARS, RICHARD C. SEARS, INC., RICHARD SEARS TREE EXPERTS
INC., AND RICHARD SEARS LANDSCAPING CORP., with principal offices located at 1
Harold Harris Road, Queensbury,New York ("Sears"),
WITNESSETH:
WHEREAS, Sears operates a chipping and grinding operation from a location at Harold
Harris Road in the Town of Queensbury, and
WHEREAS, The Town commenced action against Sears (Index No.: 58188) seeking to
enjoin certain activities at the Harold Harris Road premises, and
WHEREAS, the Town and Sears entered into an Agreement which has been ordered by
the Court, and which includes in part, the requirement that certain activities at the Harold Harris
Road Premises by eliminated or reduced, and
WHEREAS, consistent with the Court's Order the parties have agreed that moving
equipment owned by Sears to the Town's Ridge Road Transfer Station, would make it
convenient for the Town Highway Department to have its materials processed at that location,
and
WHEREAS, Sears and Town officials met at the Transfer Station site and determined
that an area of the site known as the Torrington Pit was ideally suited for location of chipping
and/or grinding equipment and for short term storage of materials, and
WHEREAS, the parties have agreed that Sears may maintain his equipment at the Ridge
Road Transfer Station site under the following terms and conditions:
1. The Highway Department has erected a gate to the road from the Transfer Station
to this area and a copy of the key will be provided to Sears so that he may access the site but can
protect his equipment from the public.
2. When the Highway Department as a part of its Highway clearing has material that
requires chipping and/or grinding, Richard Sears Tree Service will annually provide 16 hours of
chipping and/or grinding that material (or secure a another firm that will provide the same
service), without cost to the Town.
3. Sears will periodically remove their own accumulated materials from the Ridge
Road Transfer Station.
4. In the event that the Town determines that too much materials have accumulated
at the Transfer Station, he will notify Richard Sears Tree Service of this and Richard Sears Tree
Service will have 30 days to dispose of excess accumulated materials.
5. Richard Sears Tree Service will not be operating as an agent or employee of the
Town and will maintain insurance on its equipment and will maintain Workers' Compensation
insurance for its employees. Such insurance will be deemed to be primary over any insurance
maintained by the Town.
6. The materials to be ground by Sears as payment for this License Agreement will
not include materials bought or collected by Town residents. Those materials will be subject to a
separate contract between the Town and a third party.
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7. This License Agreement does not create any third party rights for any person or
company that is not a party to this Agreement. For example, only Richard Sears Tree Experts
vehicles will be allowed entry at the Ridge Road Transfer Station site.
8. This License Agreement will be good for a period of five (5) years and shall
thereafter continue unless terminated by either party by written notice to the other party with at
least 90 days advance notice.
9. Should any dispute arise over this Agreement, venue will lie exclusively in
Warren County, New York, the place of the contract and Agreement.
10. The Parties acknowledge that each is represented by Counsel and that they have
had the opportunity to review this Agreement with Counsel or have waived the right to do so.
11. By signing below, the undersigned warrant that they have been duly authorized to
execute this Agreement and to bind the respective Parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first written above.
By:
JOHN STROUGH
SUPERVISOR,TOWN OF QUEENSBURY
By:
RICHARD SEARS
INDIVIDUALLY AND FOR NAMED CORPORATIONS
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