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AGREEMENTSTicense Agreement With Under the Woods and Common Roots—Churney Gurney Event—7-10-2023
RESOLUTION AUTHORIZING LICENSE AGREEMENT FOR
TEMPORARY USE OF GURNEY LANE RECREATION AREA
RESOLUTION NO.: ,2023
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 5th—6th 2023, 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 in substantially 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 I0t'day of July, 2023 by the following vote:
AYES
NOES
ABSENT:
AGRFEMENT E License Agreement — Gurney Lane — Sale of Alcohol — Common Roots — August 2023
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 FOODS 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"),
W I 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 Chutney Gurney Mountain Bike Race and wishes to make beer available to the public at the
Race to be conducted on August 5" — 6`h, 2023 ; 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 5 - 6,
2023, between the hours of 8:00 a.m. and 4:00 p.m.
3. Consideration. The standard Pavilion rental fee of $ 165 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 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
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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.
G. 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.
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,
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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 "private" 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.
IN 'WITNESS WHEREOF the Town, the Foundation and Common Roots have
executed this Agreement as of July 10, 2023 .
TOWN OF QUEENSBURY
By:
JOHN F. STROUGH, III, Supervisor
UNDER THE WOODS FOUNDATION, INC.
By:
Name:
Title:
COMMON ROOTS BREWING COMPANY
By:
Name:
Title:
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STATE OF NEW YORK }
} ss.:
COUNTY OF WARREN )
On this day of July, 2023 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 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,
Notary Public
STATE OF NEW YORK )
COUNTY OF WARREN )
On this day of , 2023 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.
NotaryPublic
STATE OF NEW YORK )
ss_:
COUNTY OF WARREN )
On this day of , 2023 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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