4.12 4.12
PROPERTY PURCHASES OR ACQUISITIONS\Rush Pond Project—Assigimient of Real Estate Contract-Glen
Bruening—8-6-18
RESOLUTION AUTHORIZING ASSIGNMENT OF REAL ESTATE
CONTRACT FROM GLEN BRUENING TO TOWN OF QUEENSBURY
RESOLUTION NO. ,2018
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 178,2007, the Queensbury Town Board authorized
establishment of a Capital Project Fund known as the Rush Pond Bicycle/Pedestrian Path Capital
Project Fund 4166 which established funding for expenses associated with the Multi-Use Rush Pond
Bicycle/Pedestrian Path, and
WHEREAS, by Resolution No.: 278,2018, the Town Board authorized the Town Supervisor
to execute a grant award letter from the Open Space Institute Land Trust, Inc. (OSI) and a Grant
Agreement between the Town of Queensbury and OSI regarding the Town's purchase of 77.5 acres of
unimproved land located in the Town owned by the Martha Frieberger Trust with rights appurtenant to
the Rush Pond Park, and
WHEREAS, in accordance with a Real Estate Contract dated September 5, 2017
(Contract) between Glen Bruening and the Martha Freiberger Trust, Mr. Bruening agreed to
purchase from the Freiberger Trust, all of the Freiberger Trust's right, title and interest in and to
certain real property located at 0 West Mountain Road in the Town of Queensbury and it may be
assigned to the Town of Queensbury without any further consent of the Freiberger Trust; and
WHEREAS, Mr. Bruening wishes to assign to the Town of Queensbury all of his rights
and obligations to the property under the Contract, and
WHEREAS, a proposed Assignment of Real Estate Contract From Glen Bruening to the
Town of Queensbury is presented at this meeting and is in form acceptable to Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of and authorizes the
Assignment of Real Estate Contract From Glen Bruening to the Town of Queensbury regarding
certain real property located at 0 West Mountain Road in the Town of Queensbury as delineated in
the preambles of this Resolution in substantially 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 Assignment and take all actions the Town Supervisor deems necessary or appropriate to
complete the purchase of such real property, including signing all closing documents and real property
forms, and to purchase title insurance insuring the Town's interest, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Budget Officer 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 6ffi day of August, 2018 by the following vote:
AYES
NOES
ABSENT:
ASSIGNMENT OF REAL ESTATE CONTRACT
FROM
GLEN BRUENING
TO
THE TOWN OF QUEENSBURY
This ASSIGNMENT OF REAL ESTATE CONTRACT is entered into as of
, 2018, by and between GLEN BRUENING, an individual residing at
66 Sara-Jen Drive, Queensbury, New York 12804 (the "Assignor") and THE TOWN OF
QUEENSBURY, a municipal corporation duly formed under the Laws of the State of New
York and having an address at 742 Bay Road, Queensbury, New York 12804 (the
"Assignee").
WITNESSETH:
WHEREAS, pursuant to a Real Estate Contract dated September 5, 2017 (the
"Agreement"), by and between the Assignor and the Martha Freiberger Trust (the "Seller"),
the Assignor has agreed to purchase from the Seller all of the Seller's right, title and
interest in and to the real property therein described located at 0 West Mountain Road,
Queensbury, New York, as more particularly described in the Agreement; and
WHEREAS, pursuant to the Agreement, it may be assigned to the Town of
Queensbury without any further consent of the Seller; and
WHEREAS, the Assignor desires to assign to the Assignee, and the Assignee
desires to assume, all of the Assignor's rights and obligations under the Agreement,
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and other good and valuable consideration received, and with the intent to be legally
bound, the parties agree as follows:
1. The Assignor hereby assigns the Agreement and all of his right, title and
interest thereunder to the Assignee, including any deposits made, and the Assignee
hereby accepts such assignment, provided that Assignor may continue to use the property
to raise funds for the purchase in accordance with the Agreement. The Assignee shall
have all of the rights of the Assignor under the Agreement.
'v
2. The Assignee hereby assumes and agrees to be bound by all of the
Assignor's obligations under the Agreement after the date hereof.
3. Except as specifically modified herein, the Agreement will continue in full
force and effect unless and until modified in accordance with its terms.
4. The Assignor represents that the Agreement is a valid and binding contract in
all respects, is assignable and that this Assignment is a valid exercise of the Assignor's
rights.
5. The Assignor warrants and represents that the Agreement is in full force and
effect and has not been assigned or encumbered except pursuant to this Assignment.
6. This Assignment shall be governed by and construed in accordance with the
laws of the State of New York. This Assignment may not be changed verbally, but only in
writing executed by the Assignors and the Assignee.
7. This Assignment shall be binding upon and shall inure to the benefit of the
parties and their respective legal representatives, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as
of the day and year first above written.
By:
GLEN BRUENING, Assignor
TOWN OF QUEENSBURY
Assignee
By:
JOHN F. STROUGH, Town Supervisor
REAL ESTATE FORWAssignment of Real Estate Contract—Bruening to Town—Rush Pond Project—8-6-18