4.8 4.8
AGREEMENTS\NYS Office of General Services—Permits for Parking for Rush Pond Trail Users—10-19-1 5
RESOLUTION AUTHORIZING PERMIT BETWEEN NYS OFFICE OF
GENERAL SERVICES AND TOWN OF QUEENSBURY REGARDING USE
OF PARKING AREA FOR USERS OF RUSH POND TRAIL
RESOLUTION NO.: ,2015
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Town Board authorized establishment of the Multi-Use Rush Pond
Bicycle/Pedestrian Trail(Trail), and
WHEREAS, the Town's Department of Parks and Recreation requested permission of the
New York State Office of General Services (NYS) for creation of a 40' x 60' formal parking area
with appropriate signage at NYS' small parking area adjacent to the State SEMO facility at 5 Fox
Farm Road, Queensbury to provide Trail users with adequate parking, such parking area to be
maintained by Parks and Recreation staff, and
WHEREAS, NYS has provided the Town with a proposed Permit No.: UPL-01569
(Permit) providing for such use of such parking area and such Permit may be renewed on an
annual basis for the annual Permit fee of$1, and
WHEREAS, the proposed Permit 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 Permit No.: UPL-01569
between the NYS Office of General Services and the Town of Queensbury regarding use of the small
parking area adjacent to the State SEMO facility at 5 Fox Farm Road, Queensbury as set forth in
the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign
such Permit substantially in the form presented at this meeting along with any other needed
documentation, and the Town Supervisor, Town Budget Officer and/or Parks and Recreation Director
to take any and all action necessary to effectuate the terms of this Resolution.
Duly adopted this 19'h day of October, 2015, by the following vote:
AYES
NOES
ABSENT:
•
J NEW YORK Office of
STATE of n
OPPORTUNITY. General Services
ANDREW M.CUOMO ROANN M. DESTITO
Governor Commissioner
October 9, 2015
Mr. Steven M. Lovering
Director of Parks and Recreation
Town of Queensbury
742 Bay Road
Queensbury, NY 12804-9725
Dear Mr. Lovering:
In accordance with our discussion, enclosed are two original permits for the small parking area
adjacent to the State. SEMO_facility on Fox Farm Road in Queensbury.
The permit term is one year but may be renewed on an annual basis with the consent of the Division
of Homeland Security and Emergency Services. Please have both permits executed and notarized
and return them to my attention with the necessary evidence of insurance. The forms will then be
signed here and one original provided for your file.
If you have any questions, feel free to contact me.
Sincerely,
/Ltte
Thomas A. 'ohl
•
Associate Attorney
•
Enclosures
cc: Cory McLain
Qby Parks&Rec
OCT 13 2015
RECEIVED
Mayor Erastus Corning 2nd Tower,Governor Nelson A.Rockefeller Empire State Plaza,Albany,New York 12242 I www.ogs.ny.gov
NYS OFFICE OF GENERAL SERVICES PERMIT NUMBER: UPL-01569
REAL ESTATE PLANNING & DEVELOPMENT PERMIT FOR USE OF STATE-OWNED PROPERTY •
OWNER: The People of the State of New York
PERMITTEE: Town of Queensbury(Parks& Recreation)
ADDRESS: 742 Bay Road, Queensbury, New York CONTACT: Steve Lovering(Town)
TELEPHONE: (518)761-8216
LOCATION OF PROPERTY TO BE USED: 5 Fox Farm Road, Queensbury, NY(SEMO Facility)
PERMITTED USE: Parking for Rush Pond Trail–5-6 cars adjacent to the State Emergency Management Office under the
jurisdiction of the Division of Homeland Security and Emergency Services (DHSES)(delineated in yellow on the attached
Exhibit A)
TERM OF USE: One Year(May be renewed upon the consent of DHSES) FEE: $1.00
DATE OF USE OR USE TO BEGIN: Approval of Permit by Owner END DATE:
TERMS AND CONDITIONS
•
1. The property shall be used solely for the permitted use indicated above and for no other purpose.
2. The permission hereby granted may not be transferred, assigned or otherwise given by the Permittee to any other person or
persons without the prior written permission of the Commissioner of General Services of the State of New York.
3. The Permittee agrees to be responsible for any and all repairs or maintenance in connection with the use hereby permitted. Said
repairs shall be made immediately upon Owner's direction.
4. The Permittee agrees to notify the aforementioned Commissioner in the event an unsafe or hazardous incident or condition occurs
or exists immediately upon discovery of such incident or condition.
5. The Owner may terminate this permit at any time prior to the expiration of the term of use by giving written notice to the Permittee;C
the Permittee may terminate this permit at any time prior to the expiration of the term of use by giving at least 7 days written notice.:
of termination to the Owner.
6. The Permittee or its contractor agrees to provide liability insurance in accordance with the attached insurance schedule Exhibit
B and shall name the Owner an insured under the policy or policies of insurance coverage so provided.The Permit number(UPL-
01569)must be on the Certificate of Insurance.
7. The Permittee agrees to save the Owner harmless from all claims for damages arising out of the use of the property and, at its
own expense,defend all lawsuits brought on account thereof.
8. Permittee agrees at the termination of use to surrender the property in the same condition as existed prior to the term of use,
reasonable wear and tear excepted.
The undersigned Permittee hereby agrees to abide by and carry out the terms and conditions of this permit.
PERMITTEE OWNER
By: V By:
James P.Sproat, Executive Director
Real Estate Planning and Development
for the Commissioner of General.Services
Date: V Approval Date: •
ADDRESS: —
NYS Office of General Services 3e;
Real Estate Planning and Development �Q
Coming Tower Building,26th Floor,
Empire State Plaza
Albany, New York 12242
(518)474-2195
Permit(02/15/2002)
STATE OF NEW YORK • }
: SS.:
COUNTY OF }
On the day of , in the year 2014 before me, the undersigned,
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
Qualified in County of:
My Commission Expires
.1"
Exhibit "B"
Permit Insurance Requirements -
Prior to the date on which possession of the premises is delivered to the Permittee, the Permittee shall
file with The People of the State of New York (hereinafter referred to as Owner), Certificates of
Insurance evidencing compliance with all requirements contained in this Permit. Such Certificates shall
be of form and substance acceptable to the Owner.
Acceptance and or approval by the Owner do not and shall not be construed to relieve Permittee of any
obligations, responsibilities or liabilities under the Permit.
All insurance required by the Permit shall be obtained at the sole cost and expense of the Permittee;
shall be maintained with insurance carriers authorized to do business in New York State, and
acceptable to Owner; shall be primary and noncontributing to any insurance or self insurance maintained
by Owner; shall, be endorsed to provide written notice be given to Owner, at least thirty (30) days
prior to the cancellation, non-renewal, or material alteration of such policies,which notice evidenced by
return, receipt of United States, Certified Mail, shall be sent to:
NYS Office of General Services
Legal Services
Tower Building,41'Floor
The Governor Nelson A. Rockefeller Empire State Plaza
Albany,New York 12242
and shall name The People of the State of New York, its officers, agents, and employees as additional
insured's there under.
The Permittee shall be solely responsible for the payment of all deductibles and self-insured retentions
to which such policies are subject. Deductibles and self-insured retentions must be approved by Owner.
Such approval shall not be unreasonably withheld.
Each insurance carrier must be rated at least "A-" Class "VII" in the most recently published Best's
Insurance Report. If, during the term of the policy, a carrier's rating falls below "A-" Class "VII", the
insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the
Department and rated at least "A-" Class "VII" in the most recently published Best's Insurance Report.
The Permittee shall cause all insurance to be in full force and effect as of the commencement date of this
Permit and to remain in full force and effect throughout the term of this Permit and as further, required
by this Permit. The Permittee shall not take any action, or omit to take any action that would suspend or
invalidate any of the required coverages during the, period of time such coverages are required to be in
effect.
Not less than ten (10) days prior to the expiration, date or renewal date, the Permittee, if necessary, shall
supply Owner updated replacement Certificates of Insurance, and amendatory endorsements.
The Permittee, throughout the term of this Permit, or as otherwise required by this Permit, shall obtain
and maintain in full force and effect, the following insurance with limits not less than those described,
below and as required by the terms of this Permit, or as required by law, whichever is greater (limits
may be provided through a combination of primary and umbrella/excess policies):
(a) Commercial General Liability Insurance with a limit of not less than $5,000,000
each occurrence per year. Such liability shall be written on the Insurance Service
Office's (ISO) occurrence form CG 00 01, or a substitute form providing
equivalent coverages and shall cover liability arising from premises operations,
independent contractors, products-completed operations, broad form property
damage,personal and advertising injury, cross liability coverage, liability assumed
in a contract. The limit for Fire Damage Legal shall not be less than$250,000.
If such insurance contains an aggregate limit, it shall apply separately to this
location,
(b) Workers Compensation, Employers Liability, and Disability Benefits as required
by New York State. If employees will be working on, near or over navigable
waters, if applicable, US Longshore and Harbor Workers Compensation Act
endorsement must be included.
(c) Comprehensive Business Automobile Liability Insurance with a limit of not less
than $1,000,000 each accident. Such insurance shall cover liability arising out of
any automobile including owned, leased,hired and non owned automobiles.
(d) If the Permittee uses, stores, handles, processes or disposes of Hazardous
Materials, then Permittee shall maintain in full force and effect through the term,
Contractors Pollution Liability insurance with limits of not less than $1,000,000,
providing coverage for bodily injury, property damage or damage of actual,
alleged or threatened emission, discharge, dispersal, seepage, release or escape
of pollutants, inducting any loss, cost or expense incurred as a result of any
cleanup of pollutants or in the investigation, settlement or defense of any claim,
suit, or proceedings against The People of the State of New York, arising from
tenant's use, storage, handling,processing or disposal of Hazardous Materials.
Waiver of Subrogation. Permittee shall cause to be included in each of its policies insuring against loss,
damage or destruction by fire or other insured casualty a waiver of the insurer's right of subrogation
against Owner, or, if such waiver is unobtainable (i) an express agreement that such policy shall not be
invalidated if Permittee waives or has waived before the casualty, the right of recovery against Owner or
(ii) any other form of permission for the release of Owner.
The Permittee shall require any subcontractors hired, to carry insurance with the same limits and
provisions provided herein.
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