4.17 4.17
AGREEMENTS'National Grid—Right of Entry—Temporary Ingress Egress Water Department Parcels Access Hudson River—PCB Spill 4-15-2024
RESOLUTION AUTHORIZING TEMPORARY INGRESS/EGRESS
AGREEMENT WITH NIAGARA MOHAWK POWER CORPORATION
DB/A NATIONAL GRID REGARDING ACCESS TO
TOWN WATER DEPARTMENT PROPERTY
RESOLUTION NO. ,2024
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, Niagara Mohawk Power Corporation d/b/a National Grid ("National Grid")
wishes to access certain property owned by Erie Boulevard Hydropower, L.P. (Tax Map Parcel
No.: 315.-1-19) to perform sediment sampling within the Hudson River and along the shore, and
WHEREAS, National Grid requests ingress and egress use of the roadway on property
owned by the Town of Queensbury identified as Tax Map Parcel Nos: 315.-1-16 and 315.-1-18.2
(the "Property") solely for ingress and egress of vehicles, equipment and supplies to support the
sediment sampling project, and
WHEREAS, the Town Board has been provided with a Temporary Ingress/Egress Agreement
by National Grid which has been revised by Town Legal Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves a Temporary Ingress/Egress
Agreement between the Town and Niagara Mohawk Power Corporation d/b/a National Grid as
amended and authorizes and directs the Town Supervisor to execute such Agreement and the Town
Supervisor, Town Water Superintendent/Wastewater Director and/or Town Counsel to take such
other and further actions as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 15t'day of April, 2024,by the following vote:
AYES
NOES
ABSENT:
TEMPORARY INGRESS / EGRESS AGREEMENT
This Temporary Ingress / Egress Agreement ("Agreement"), made this day of
2024, by and between the TOWN OF QUEENSDURY c/o the Town of
Queensbury Water Department (hereinafter referred to as "Owner"), with an office at 823
Corinth Road, Queensbury, New York 12804 and NIAGARA MOHAW K POWER
CORPORATION D/D/A NATIONAL GRID ("National Grid"), a New York corporation,
with principal offices at 300 Erie .Boulevard West, Syracuse, New York 13202. Owner and
National Grid are collectively referred to as the "Parties" or each individually as a "Party."
The Parties agree to the following terms and conditions.
A. APPROVED ACTIVITIES
Whereas, National Grid shall be accessing property owned by Eric Boulevard
Hydropower, L.P. (Parcel 315.- 1 - 19) to perform sediment sampling within the Hudson
River and along the shore; National Grid requests ingress and egress use of the roadway
on property owned by Owner, identified as Parcels 315.-1 -16 and 315.- 1 - 18.2 located
within the Town of Queensbury, New "Bork, shown on Figures 1 and 2 (collectively the
"Property") National Grid's use of the Property is solely for ingress and egress of
vehicles, equipment and supplies to support the sediment sampling project (the
"Approved Activities").
E. RESTORATION
Upon completion of the Approved Activities, National Grid, at its sole cost and expense,
shall repair any damage it may have caused to the Property, restore the Property to its
Original Condition, and leave it in a clean, orderly condition as reasonably required by
Owner. Original Condition shall be defined as the condition of the Property at the time
of entry and commencement of Approved Activities under this Agreement.
C. TERM OF ACCESS
The Approved Activities on the Property are granted from the date first written above
through and including May 31 , 2024. National Grid shall provide Owner with seven (7)
days notice prior to commencing the Approved Activities. The Approved. Activities are
expected take up to 2 weeks (with Saturday work possible) within the term and may be
affected by sampling conditions and weather delays.
M HOLD HARMLESS and INSURANCE
National Grid shall indemnify and hold Owner harmless from any claims, liabilities,
losses or damages incurred by Owner and arising out of National Grid's negligence or
intentional misuse of the Property during the term of this Agreement. Owner shall have
the right to demand that National Grid undertake to defend any and all such claims
arising out of National Grid's negligence or intentional misuse of the Property to the
extent that any alleged activity giving rise to such claims occurred Rre rise•#-ed- against
Qwaen.uring the term of this Agreement.
t
Throughout the term of this Agreement, National Grid and/or its contractors shall
maintain the following insurance policies: (i) a commercial general liability policy of not
less than One Million ($1 ,000,000) Dollars; (ii) commercial automobile insurance policy
of not less than One Million ($ 1 ,000,000) Dollars; (iii) an umbrella policy covering
protection in an amount not less than Three Million ($3,000,000) Dollars combined
single limit coverage for injury, death and property damage arising out of any one
occurrence, and (iv) workers compensation and employers liability insurance as required
by law. Prior to commencement of the Approved Activities, certificates of insurance
from National Grid and/or National Grid's contractors, that will perform activities on the
Property pursuant to this Agreement, shall be furnished to Owner. Owner shall be named
as additional insured on all insurance policies required under this Agreement. National
Grid retains the right to self-insure its coverages, and, in such event, National Grid may
provide evidence of such self-insurance in lieu of insurance certificates issued by
insurance companies. Insurance as specified herein must be maintained at all tunes
during the term of this Agreement.
E. COMMUNICATIONS
All written communications required by this Agreement shall be transmitted by United
States Postal Service, by private courier service, by e-mail, by facsimile or by hand
delivery.
Communications from National Grid to Owner shall be sent to:
Chris Harrington, P.E.
Water Superintendent and Director of Wastewater
Town of Queensbury Water Department
823 Corinth Road
Qiueensbury, New York 12804
(518) 793-886t, ext. 2019
ChrisH ga ucensbury.net
Communications from Owner to National Grid shall be sent to:
Brian Stearns
Project :Manager
National Grid
300 Erie Boulevard West
Syracuse, New York 13202
Telephone: (315) 428-5731
E-mail: Brian.Steams(ii�nationalt*rid.com
and
2
Joseph S. Giordano
Program Manager
National Grid — Legal Dept.
175 East Old Country Road
Hicksville, NY 11801
Cell: (516) 491 -7400
E-mail.: josephgiordanoanationalgrid.com
F. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, fully enforceable counterpart for all purposes hereof, but all of which
shall constitute one and the same instrument.
(SIGNATURE PAGE FOLLOWS)
3
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by
their duly authorized representatives on the date first written above.
TOWN OF QiUEENSBURY
c/o the Town of Queensbury Water Department
By:
Title:
The person(s) signing this Agreement has represented
to National Grid that he or she is the Owner or has
the authority to act on behalf of the Owner,
and National Grid is relying on this representation.
NIAGARA MOHAWK POWER CORPORATION
D/B/A NATIONAL GRID
By: Charles Willard
Title: Authorized Representative
4
I
Exhibits - Figure 1 (Onshore Work Area) and Figure 2 (Boat Docking Area)
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Boat Launching
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