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AGREEMENTSMemorandum of Understanding—Lake George Boat Inspection Program—9-14-15
RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING
AND SUPPORT FOR LAKE GEORGE PARK COMMISSION
BOAT INSPECTION PROGRAM
RESOLUTION NO.: ,2015
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, to help prevent the spread of invasive species into the waters of Lake
George, the New York State Lake George Park Commission oversees the boat inspection
program (Program) for boats entering the waters of Lake George whereby boats are inspected to
be certain that they are clean, drained and dry and if not, that such boats are cleaned before
entering the waters of Lake George, and
WHEREAS, such Program is conducted at no charge to boaters, but it does have
operating costs, and
WHEREAS, the Towns of Queensbury, Bolton and Lake George, the Village of Lake
George, the Lake George Association, and Fund for Lake George recognize the importance of
such Program and the continuance of State, Local and private funding to ensure its continued
operation and success, and
WHEREAS, by Resolution Nos: 109,2014 and 132,2015, the Queensbury Town Board
authorized funding toward such Program in the amount of$30,000 per year(2014 and 2015), and
WHEREAS, the Queensbury Town Board wishes to express its support of such Program
through funding of$30,000 per year for the next three years (2016, 2017 and 2018), and
WHEREAS, a proposed Memorandum of Understanding between the Towns of
Queensbury, Bolton and Lake George, the Village of Lake George, the Lake George
Association, and Fund for Lake George regarding funding support for such Program is presented
at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the "Memorandum of
Understanding" regarding its continued support of the Lake George Park Commission's boat
inspection Program, through funding of such Program in the amount of$30,000 per year for the
next three years (2016, 2017 and 2018), substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute such Memorandum of Understanding and any other needed documentation, and take any
other needed actions to effectuate the terms of this Resolution.
Duly adopted this 14th day of September, 2015, by the following vote:
AYES
NOES
ABSENT:
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("Agreement") is dated this day of August,
2015, and is made by and between the Village of Lake George, a municipal corporation with
offices at 26 Old Post Road, Lake George,New York 12845 ("Village of Lake George"), the
Town of Lake George, a municipal corporation with offices at 20 Old Post Road, Lake George,
New York 12845 ("Town of Lake George"), the Town of Queensbury, a municipal corporation
with offices at 742 Bay Road, Queensbury,New York 12804 ("Town of Queensbury"), the
Town of Bolton, a municipal corporation with offices at 4949 Lake Shore Drive, Bolton
Landing,New York 12814 ("Town of Bolton"), The Lake George Association, Inc., a not for
profit corporation with offices at 2392 State Route 9N, Lake George,New York 12845 ("LGA"),
and the Fund for Lake George, a not for profit corporation with offices at 2199 U.S. Rt. 9, Lake
George,New York 12845 ("FUND"), and evidences the following:
RECITALS
WHEREAS,to help prevent the spread of invasive species into the waters of Lake
George,the New York State Lake George Park Commission("LGPC") oversees the boat
inspection program for boats entering the waters of Lake George whereby boats are inspected to
be sure that they are clean, drained and dry and if not, that such boats are cleaned before entering
the waters of Lake George; and
WHEREAS, such program is conducted at no charge to boaters but does have operating
costs; and
WHEREAS,the Village of Lake George, Town of Lake George, Town of Queensbury,
Town of Bolton, LGA and FUND recognize the importance of the boat inspection program and
Meyer&Fuller,PLLC
161 Ottawa Street
Lake George,New York 12845
www.meyerfuller.com
also recognize the need to continue the boat inspection program for the protection of Lake
George; and
WHEREAS, continued State, Local and private funding is needed to ensure the
continued operation and success of the boat inspection program; and
WHEREAS, Village of Lake George, Town of Lake George, Town of Queensbury,
Town of Bolton, LGA and FUND wish to express their support for the boat inspection program
and do wish to commit to continued support of the LGPC boat inspection program through
funding as set forth in this Agreement for a period of at least three years.
NOW THEREFORE,THE PARTIES DO HEREBY COMMIT AS FOLLOWS:
1. Funding Support: For the calendar years 2016, 2017 and 2018, the parties do
hereby pledge the following funding support to the LGPC for the boat inspection program:
a. Village of Lake George: Thirty Thousand and No/100 Dollars ($30,000)per
year;
b. Town of Lake George: ($ )
per year;
c. Town of Bolton: ($ )per
year;
d. Town of Queensbury: ($ )
per year;
e. LGA: ($ )per year;
f. FUND: ($ )per year;
g. For a total committed funding for years 2016, 2017 and 2018 of
($ )per
year.
2
Meyer&Fuller,PLLC
161 Ottawa Street
Lake George,New York 12845
www.meyerfuller.com
Due to tax collection and funding, the above referenced funding will be paid by the
parties by June 15 annually.
2. Executory Clause: The parties hereto shall have no liability under this Agreement
to the LGPC or anyone else beyond funds appropriated and available for this Agreement.
3. No Liability: The parties' respective funding commitment herein shall not be
construed to create a partnership with the LGPC or promise to pay any debts or obligations
arising from or relative to the boat inspection program.
4. No Assignment: The LGPC may not assign the commitment set forth herein to
any other person, entity or agency without the express written consent of the parties.
5. Entire Understanding: This Agreement represents the entire understanding of the
parties hereto with respect to the subject matter hereof. This Agreement may be modified only by
written agreement signed by the parties hereto.
6. Governing Law: This Agreement shall be construed and enforced under the laws
of the State of New York.
7. Counterparts: This Agreement may be executed in two (2) or more counterparts,
each of which shall be deemed an original, but all of which shall constitute one agreement.
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Meyer&Fuller,PLLC
161 Ottawa Street
Lake George,New York 12845
www.meyerfuller.com
Dated: August , 2015 Village of Lake George
By:
Hon. Robert M. Blais, Mayor
Dated: August , 2015 Town of Lake George
By:
Hon. Dennis Dickinson, Supervisor
Dated: August , 2015 Town of Bolton
By:
Hon. Ron Conover, Supervisor
Dated: August , 2015 Town of Queensbury
By:
Hon. John Strough, Mayor
Dated: August , 2015 The Lake George Association, Inc.
By:
Walt Lender, Executive Director
Dated: August , 2015 The FUND for Lake George, Inc.
By:
Eric Siy, Executive Director
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Meyer&Fuller, PLLC
161 Ottawa Street
Lake George,New York 12845
www.meyerfuller.com