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AGREEMENTSTicense Agreement With Under the Woods and Common Roots—Churney Gurney Event—6-27-2022
RESOLUTION AUTHORIZING LICENSE AGREEMENT FOR
TEMPORARY USE OF GURNEY LANE RECREATION AREA
RESOLUTION NO.: ,2022
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury owns and operates a Town Park known as the
Gurney Lane Recreation Area(Park), and
WHEREAS, the Under the Woods Foundation, Inc. (Foundation) hosts an annual
mountain bike race at the Park known as the Churney Gurney Mountain Bike Race and wishes to
make beer available to the public at the Race to be conducted on August 6th and 7th, 2022, and
WHEREAS, the Foundation and the Common Roots Brewing Company (Common Roots)
have agreed that Common Roots will provide the beer and oversee its sale to the public, and
WHEREAS, the Town Board has determined that the proposed activities are in
furtherance of a proper Town purpose and the goals of the Town's Department of Parks and
Recreation, and
WHEREAS, the parties wish to enter into a License Agreement setting forth the rights
and responsibilities of each in connection with the Race and the sale of beer at the Park, and
WHEREAS, a copy of a proposed License Agreement is presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes and directs
the Town Supervisor to execute the License Agreement for Temporary Use of Gurney Lane
Recreation Area between the Town of Queensbury, Under the Woods Foundation, Inc., and Common
Roots Brewing Company substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town
Counsel, Town Budget Officer and/or Director of Parks and Recreation to take any other action
necessary to effectuate the terms of this Resolution.
Duly adopted this 27t'day of June, 2022 by the following vote:
AYES
NOES
ABSENT:
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AGREEMENT t License Agreement—Gurney Lane—Sale of Alcohol—Common Roots—August 2022
LICENSE AGREEMENT FOR
TEMPORARY USE OF
GURNEY LANE RECREATION AREA
THIS AGREEMENT is made and entered into by and between the TOWN OF
QUEENSBURY, a municipal corporation duly existing under the laws of the State of
New York, with its offices located at 742 Bay Road, Queensbury, New York 12804 (the
"Town"), and UNDER THE WOODS FOUNDATION, INC., a New York not-for-profit
corporation with its offices located at 413 Bay Road, Queensbury, New York 12804 (the
"Foundation") and COMMON ROOTS BREWING COMPANY, a New York limited
liability company with a mailing address of 58 Saratoga Avenue, South Glens Falls, NY
12803 ("Common Roots" and, together with the Foundation, the "Licensee").
Wl TNESSETH:
WHEREAS, the Town owns and operates a Town Park known as the Gurney
Lane Recreation Area (the "Park"); and
WHEREAS, the Park includes a picnic Pavilion with tables and grills, playground
area, half-court basketball area, fishing pond, swimming pool and extensive walking,
hiking and mountain bike trails; and
WHEREAS, the Foundation hosts an annual mountain bike race at the Park
known as the Churney Gurney Mountain Bike Race and wishes to make beer available
to the public at the Race to be conducted in August 2022; and
WHEREAS, the Foundation and Common Roots have agreed that Common
Roots.will provide the beer and oversee its sale to the public; and
WHEREAS, the Town Board has determined that the proposed activities are in
furtherance of a proper Town purpose and the goals of the Town's Department of Parks
and Recreation; and
WHEREAS, the parties wish to enter into an agreement setting forth the rights
and responsibilities of each in connection with the Race and the sale of beer at the
Park;
NOW THEREFORE, the parties hereby mutually agree as follows:
1. License. The Town hereby grants a revocable license to the Foundation
to conduct the Race and related activities at the Park and grants a license to the
Licensee to sell beer at the Pavilion; and the Foundation and Common Roots each
hereby agrees to provide services related to the Race and sale of beer, all as further
provided in this Agreement. The Licensee hereby agrees that the license granted
pursuant to this Agreement is revocable at any time by the Town for any reason and
that the Town shall bear no liability or cost in connection with any such revocation.
2. Term. This Agreement shall be in effect on the date(s) of the Race,
August 6 - 7, 2022, between the hours of 8:00 a.m. and 4:00 p.m.
3. Consideration. The standard Pavilion rental fee of $150 shall constitute
consideration for this Agreement.
4. Liquor License. The Licensee shall acquire and maintain the appropriate
License or Permit from the New York State Liquor Authority for sale of beer at the
Pavilion for the term of this Agreement and shall provide a copy of the License or Permit
to the Town Board PRIOR TO the date of the Race. At all times the Licensee agrees to
conduct the operation of the Race and sale of beer at the Pavilion in accordance with
New York State laws regarding the sale of alcoholic beverages. No alcohol other than
the alcohol provided by the Licensee shall be permitted, consumed or served at the
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Race. The Licensee shall enforce all rules and regulations related to sale and
consumption of alcohol at the Park in accordance with its License or Permit and New
York State Law.
5. Insurance. The Foundation shall maintain insurance covering the
Foundation and the Town against bodily injury liability and property damage liability
involving the Park for the duration of the Race in amounts not less than $2,000,000-
operations aggregate, $2,000,000-general aggregate and $1,000,000-any one
occurrence. The Foundation must provide the Town Board with a Certificate of
Insurance that names the Town of Queensbury as an additional insured. This certificate
must be provided and approved by the Town Board PRIOR TO the scheduled date of
the Race. The insurance provided for in this Section shall be made effective under valid
and enforceable policies issued by insurers of recognized responsibility which are
licensed to do business in the State of New York and shall not subject to cancellation or
material change without at least ten (10) days prior written notice to the Foundation and
the Town.
6. Compliance with Laws. The Licensee shall comply with the
requirements of all laws, statutes, ordinances, orders, resolutions, rules, regulations and
other public requirements in effect during the term of this Agreement. The Licensee
shall not discriminate against any group or individual on the basis of race, color, creed,
national origin, gender or sexual orientation in the implementation of the program or
activities for which it is using the Park.
7. Indemnification and Hold Harmless. The Licensee shall indemnify,
defend and hold harmless the Town, its officers, officials, employees, and agents from
and against any and all claims, demands, suits, liabilities, damages, losses and
expenses resulting from or in any way arising out of use of the Park by the Licensee, its
agents, servants, volunteers, participants or employees which causes, directly or
indirectly, any bodily injury, illness, death or other damage to any persons or any
property, including, but not limited to the property of the Town.
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8. Release. The Licensee shall be responsible for the care and
maintenance of any of its personal property which it may use, place, maintain or store at
the Park. The Town shall not be responsible for any loss, damage, or injury which may
result from or in any way relate to the Licensee's use of the Park and the Licensee
hereby releases the Town from and against such liability.
9. Damage to Park. The Licensee shall be responsible for any damage to
the Park or any portion thereof which is caused, in whole or in part, by the negligence or
intentional act of the Licensee or its agents, employees, volunteers, participants, or
guests. If any such damage occurs, the Licensee shall promptly either repair or replace
the damaged property in a manner determined by the Town and at the sole expense of
the Licensee.
10. Rules and Regulations. The Pavilion rental policies contained in the
Gurney Lane Facility Reservation Policy, which is attached hereto and made a part of
this Agreement, shall apply to the use of the Pavilion by the Licensee in connection with
the Race. If there is a conflict between any provision of this Agreement and the
Reservation Policy, the more restrictive provision shall apply. The Foundation
acknowledges that the Town allows the use of the Pavilion on a first come, first serve
basis. If the Foundation determines, prior to the date on which it is scheduled to use the
Pavilion, that use of the facility will not be necessary or desired, the Foundation shall
immediately notify the Town. The Lessee acknowledges that the Park will remain open
to the public during the Race and that other activities, events and parking congestion
may occur. Neither this Agreement nor rental of the Pavilion by the Foundation grants
isprivate,P use of any other portion of the Park.
11. Construction of Agreement. This License Agreement shall not be
considered a transfer or conveyance of any interest in real estate, and shall be
considered only a revocable License.
12. Assignment. The Licensee may not assign any portion of this Agreement
to another party or permit any other person or entity to make use of the Park under the
authority of this Agreement without prior written consent from the Town Board.
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IN WITNESS WHEREOF the Town, the Foundation and Common Roots have
executed this Agreement as of June 28, 2022.
TOWN OF QUEENSBURY
By:
JOHN F. STROUGH, 111, Supervisor
UNDER THE WOODS FOUNDATION, INC.
By:
Name:
Title:
COMMON ROOTS BREWING COMPANY
By:
Name:
Title:
STATE OF NEW YORK
ss.:
COUNTY OF WARREN
On this day of June, 2022 before me, the undersigned, personally appeared JOHN
F. STROUGH, III, 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 rexecuted 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.
Notary Public
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STATE OF NEW YORK )
ss.:
COUNTY OF WARREN )
On this day of 2022 before me, the undersigned, personally
appeared personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the
person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public
STATE OF NEW YORK )
ss.:
COUNTY OF WARREN )
On this day of 2022 before me, the undersigned, personally
appeared personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the
person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public
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