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AGREEMENTS\OConnor Realty—Take Grass Clippings Wood Chips From Ridge Road Transfer Station—6-5-2023
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND O'CONNOR REALTY, INC. REGARDING
RETRIEVAL OF GRASS CLIPPINGS AND WOOD CHIPS
FROM RIDGE ROAD TRANSFER STATION
RESOLUTION NO.: 12023
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury owns the Ridge Road Transfer Station located at
1396 Ridge Road (Transfer Station), and
WHEREAS, O'Connor Realty, Inc., (O'Connor) owns property located at 1456 Ridge
Road which is located directly next to the Transfer Station; and
WHEREAS, the Transfer Station collects grass clippings and wood chips that the Town
has no use for and O'Connor would like to take these grass clippings and wood chips, and
WHEREAS, the Town Board believes that an agreement between the Town and
O'Connor for the proposed retrieval of grass clippings and wood chips by O'Connor would be
beneficial to Town residents, and
WHEREAS, a proposed Agreement between the Town and O'Connor is presented at this
meeting and is in form acceptable to Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement Between the
Town of Queensbury and O'Connor Realty, Inc. and authorizes and directs the Town Supervisor to
execute the Agreement substantially in the form presented at this meeting and any other needed
documentation, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Transfer Station Supervisor and/or Budget Officer to take such other and further actions as may be
necessary to effectuate the terms of this Resolution and Agreement.
Duly adopted this 5t'day of June, 2023,by the following vote:
AYES
NOES
ABSENT:
AGREEMENTMOConnor Realty — Transfer Station — Grass Wood Chips — June 2023
AGREEMENT
THIS AGREEMENT made by and between THE TOWN OF {QUEENSBURY, a
municipal corporation existing under the Laws of the State of New York with offices at
742 Bay Road , Town of Queensbury, State of New York (hereinafter "the Town") and
O'CONNOR REALTY, INC. , a domestic business corporation existing under the Laws
of the State of New York, with offices at 147 Meadowbrook Rd . #377, Glens Falls, New
York (hereinafter, "O'Connor") , (both hereinafter, individually a "Party" and collectively
the "Parties").
WITNESSETH :
WHEREAS , the Town owns the Ridge Road Transfer Station located at 1396
Ridge Road with Tax ID : 279.-1 -13 (hereinafter referred to as "the Transfer Station");
and
WHEREAS , O'Connor owns property located at 1456 Ridge Road with Tax ID :
279 .-1 -7 which is located directly next to the Transfer Station ; and
WHEREAS , the Transfer Station collects grass clippings and wood chips that the
Town has no use for; and
WHEREAS, O'Connor would like to take these grass clippings and wood chips
that the Town cannot use; and
WHEREAS, a construction road connects the two properties which would be
used to collect the grass clippings and wood chips; and
WHEREAS, O'Connor has been mining within thirty (30) feet of the property line
of the Transfer Station and appears to have also crossed onto Town Property; and
WHEREAS, this Mining on Town Property and within thirty (30) feet of the
property line must stop .
NOW, THEREFORE , in consideration of the sum of One Dollar ($1 .00) and other
good and valuable consideration , in hand paid by the Town , the receipt and sufficiency
of which is hereby acknowledged :
1 . O'Connor agrees to use the construction road for ingress and egress to the
Transfer Station to retrieve the grass clippings and wood chips_
2. O'Connor agrees to only take grass clippings and wood chips from areas
identified and approved by the Transfer Station Supervisor.
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3. O'Connor agrees not to perform any mining activity on Town Property or within
thirty (30) feet of the property line of the Transfer Station even though mining
may have already occurred in those areas_ This clause shall survive the
termination of this Agreement.
4 . O'Connor is permitted to improve the construction road used for ingress and
egress to the Property but must have prior written approval to improve this road
by the Transfer Station Supervisor.
5. This Agreement shall commence upon the date the last parry signs this
Agreement and shall terminate after the fifth year. The parties may renew the
Agreement for subsequent terms under the same conditions or may agree upon
different terms.
6. O'Connor shall maintain insurance covering itself and the Town against bodily
injury liability and property damage liability involving the activities specified in this
Agreement for the duration of the Term in amounts not less than $2,000,000-
operations aggregate, $2,000,000-general aggregate and $ 1 ,000, 000-any one
occurrence. O'Connor must provide the Town 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 PRIOR TO the commencement of the
Term . 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 be
subject too cancellation or material change without at least ten (10) days prior
written notice to O'Connor and the Town .
7 . O'Connor 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 the activities specified in this Agreement, caused by 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 .
8 . O'Connor shall be responsible for the care and maintenance of any of its
personal property which it may use to retrieve the grass clippings and wood
chips. The Town shall not be responsible for any loss, damage , or injury which
may result from or in any way relate to O'Connor's use of the construction road
or retrieving the grass clippings and wood chips and O'Connor hereby releases
the Town from and against any such liability.
9. O'Connor shall be responsible for any damage to the Town's Property or any
portion thereof which is caused , in whole or in part, by the activities specified in
this Agreement. If any such damage occurs , O'Connor shall promptly either
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repair or replace the damaged property in a manner determined by the Town and
at the sole expense of O'Connor.
10. O'Connor may not assign any portion of this Agreement to another party or
permit any other person or entity to make use of the construction road, grass
clippings or wood chips under the authority of this Agreement without prior written
consent from the Town Board.
11 . Any modification of this Agreement shall be binding only if evidenced in writing
signed by each Party or an authorized representative of each Party.
12. This Agreement may be executed in one or more counterparts which , taken
together, shall constitute an original thereof.
13. Any dispute under this Agreement or related to this Agreement shall be decided
in accordance with the laws of the State of New York and brought exclusively
before the Supreme Court located within the County of Warren_
14. This Agreement contains the full understandings of the parties. If any clause or
paragraph in this Agreement is declared illegal or unenforceable by a Court of
Law then the remainder of the Agreement shall be read as if such illegal or
unenforceable clause or paragraph has been omitted .
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date
written under their signatures.
TOWN OF QUEENSBURY
By:
John F. Strough , Ill Supervisor
Date:
09CONNOR REALTY, INC.
By:
Its Duly Authorized Representative
Date
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