2.1 2.1
Property Purchases or Acquisitions\Rush Pond Project—Dedicating Parcels in Grant Agreement as Public Parkland-10-1-18
RESOLUTION AUTHORIZING DEDICATION OF CERTAIN PARCELS AS
PUBLIC PARKLAND PROPERTY AS PART OF
RUSH POND PARK EXPANSION PROJECT
RESOLUTION NO. ,2018
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 278,2018, the Queensbury Town Board authorized the Town
Supervisor to execute a $50,000 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(Grant Agreement), 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, to be
assigned to the Town of Queensbury without any further consent of the Freiberger Trust and by
Resolution No.: 293,2018, the Town Board authorized the Assignment of Real Estate Contract From
Glen Bruening to the Town of Queensbury regarding such real property, and
WHEREAS, by Resolution No.: 333,2018, the Town Board reaffirmed Resolution Nos:
278,2018 and 293,2018, and
WHEREAS, the Town Board wishes to dedicate the parcels depicted in paragraph five (5) of
the Grant Agreement as public parkland property as part of the Rush Pond Project to meet the
requirements of the Grant Agreement, such parcels bearing tax map numbers:
• 288.-1-69.13
• 295.7-1-8
• 295.12-1-1
• 295.12-1-2
• 2 95.15-1-6.2
• 295.16-1-2.1
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the dedication of the parcels
depicted in paragraph five (5) of the Grant Agreement between the Open Space Institute Land Trust,
Inc., and the Town of Queensbury as public parkland property as part of the Rush Pond Project to
meet the requirements of the Grant Agreement, such parcels bearing tax map numbers:
• 288.-1-69.13
• 295.7-1-8
• 295.12-1-1
• 295.12-1-2
• 2 95.15-1-6.2
• 295.16-1-2.1
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Counsel and/or Town Budget Officer to take such other and further actions as may be necessary to
effectuate the terms of this Resolution.
Duly adopted this I'day of October, 2018 by the following vote:
AYES
NOES
ABSENT:
Open Space Institute Land Trust, Inc.
GRANT AGREEMENT
Town of Queensbury
Rush Pond Park Expansion Project
Town of Queensbury
Warren County, New York
This Grant Agreement is entered into by and between the Open Space Institute
Land Trust, Inc., a New York not-for-profit corporation ("OSI") and The Town of
Queensbury, a New York municipal corporation ("Grantee"), with respect to a grant not
to exceed $50,000 (the "Grant") to be used as set forth below. References to the "Grant
Agreement" shall include this agreement as well as the proposals for the Grant
submitted by Grantee and any Grant documentation attachments to this agreement.
The purpose of the Grant is to fund the acquisition of ecologically or culturally
significant lands that adhere to certain criteria, as set forth in the project information
previously made available to Grantee.
The Grant,which will be considered approved only after execution of the Grant
Agreement by OSI and Grantee, is made subject to the following terms and conditions:
A. Program and Administrative Requirements
1. The Grant is to be used to fund Grantee's acquisition of fee title to approximately
77.5 acres of unimproved land, located in the Town of Queensbury,Warren County,
New York and shown on Warren County Tax Maps as parcel numbers 295.-11-14,
295.11-1-15, and 295.11-1-16 (the "Property") with rights appurtenant thereto, pursuant
to the Option Agreement between Martha Frieberger Trust ("Owner") and Glen
Bruening, dated September 5, 2017 and thereafter assigned to Grantee.
Page 1 of 5
3. Except as set forth in paragraph Al above, the Grant may not be used for any
other purpose or program without the prior written approval of OSI.
4. Grantee has provided or will provide as a precondition to the disbursement of the
Grant the following:
(a) an appraisal for the Property concluding that the fair market value of the
Property equals or exceeds the total purchase price of the Property, or,
where purchase price exceeds fair market value, substantial justification for
any payment over fair market value satisfactory to OSI;
(b) a report setting forth the condition of the Property that shows, to the
reasonable satisfaction of OSI, no evidence of significant potential
recognized environmental conditions affecting the Property;
(c) title insurance in form and substance satisfactory to OSI insuring that
Grantee is the fee owner of the Property;
(d) a deed in recordable form conveying the Property from Owner to Grantee;
(e) a settlement statement disclosing the costs and expenses involved in the
acquisition of the Property and the source(s) of funding for all such costs
and expenses;
(f) the Grant Agreement executed by Grantee together with an Internal
Revenue Service Form W-9 signed by Grantee;
(h) a copy of any executed purchase or option agreements related to the
purchase of the Property and any subsequent amendments thereto or
assignments thereof; and
(i) a resolution or resolutions from Grantee's Board authorizing (i) acquisition
of the property, (ii) acceptance of the Grant, and (iii) dedication of the
Property as public parkland.
Page 2 of 5
5. Grantee shall make best efforts to dedicate the parcels shown on Warren County
Tax Maps as 288.-1-69.13, 295.7-1-8, 295.-12-1-2, 295.15-1-6.2, 295.12-1-1, and 295.-16-1-2.1
as public parkland within one year of the execution of the Grant;
6. OSI's funding of the Grant does not constitute a waiver of any term or condition
of the Grant Agreement. No statement or course of dealing by OSI or any of its
employees or agents shall constitute a waiver of any term or condition of the Grant
Agreement, unless such waiver is in writing and approved in advance by OSI's Board of
Directors.
B. Payment of Grant Funds
1. Payment of the Grant post-closing will be made to Grantee by wire transfer in
accordance with the wiring instructions provided to OSI by Grantee, set forth below, as
soon as the conditions set forth in the Grant Agreement are satisfied; any pre-closing
payment shall be made pursuant to escrow instructions provided by OSI.
2. Any Grant funds not expended or otherwise used in accordance with the Grant
Agreement shall be returned to OSI.
3. If Grantee fails to comply with any provision, term or condition of the Grant
Agreement, Grantee shall return all Grant funds to OSI within five (5) working days of
notice of demand for repayment, pursuant to instructions to be provided by OSI.
C. Publicity and Acknowledgment
1. Should Grantee choose to publicize the Grant or the Rush Pond Project, the Grant
shall be referred to as being made by "Open Space Institute," and prominence of
acknowledgment should be commensurate with the level of funding relative to other
funding sources.
2. Grantee shall include references to Open Space Institute in providing funding for
the Rush Pond project on any interpretive signage or trailhead markers on the Property.
Grantee shall consult with OSI regarding the appropriate use of the OSI logo on any
such signage.
Page 3 of 5
3. OSI reserves the right to include information relating to the Grant in its periodic
reports, newsletters or news releases or in any other materials issued by or on behalf of
OR
D. Public Announcement
1. OSI reserves the right to announce the Grant in a manner and at a time of its
choosing.
2. OSI will work with Grantee to design a strategy for announcing the Grant and
developing a press release. Grantor shall consult with OSI prior to the issuance of any
such press release.
E. Conditions Necessitating Refund or Withholding of Grant Funds
1. OSI may, at its discretion, in addition to other remedies available to it, require that
Grantee immediately repay the full amount of the Grant funds which are unspent as of
the date of the occurrence, and OSI shall have no further obligation to distribute any
unpaid portion of the Grant to Grantee, if Grantee for any reason becomes unable to
carry out the purposes of the Grant or otherwise violates the terms of the Grant
Agreement.
F. No Assignment or Delegation
Grantee may not assign or otherwise transfer any of its rights or delegate any of
its obligations under the Grant Agreement or with respect to the Grant.
[remainder of page left intentionally blank]
Page 4 of 5
IN WITNESS WHEREOF AND INTENDING TO BE LEGALLY BOUND HEREBY, the
undersigned have executed this Agreement as of the_day of 2018.
OPEN SPACE INSTITUTE LAND TRUST, INC.
By:
Name:
Its:
GRANTEE
By:
Name:
Its:
Wire transfer information for Grantee or escrow agent:
Bank Name:
Address:
ABA (Routing) Number:
Account Number:
Account Name:
Contact Phone:
Contact Name at Grantee:
Phone Number:
Page 5 of 5
RESOLUTION REAFFIRMING RESOLUTIONS REGARDING
PURCHASE OF PROPERTY FROM FREIBERGER TRUST AND
ACCEPTANCE OF DONATIONS AND GRANT FUNDS RELATED TO
RUSH POND PARK EXPANSION PROJECT
RESOLUTION NO.: 333,2018
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
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 #166 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 $50,000 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, to be
assigned to the Town of Queensbury without any further consent of the Freiberger Trust, and
WHEREAS, by Resolution No.: 293,2018, the Town Board authorized the Assigrunent of
Real Estate Contract From Glen Bruening to the Town of Queensbury regarding such real property
including the $7,000 down payment, and
WHEREAS, the Town Board wishes to reaffirm Resolution Nos: 278,2018 and 293,2018
regarding the Town's purchase of property from the Freiberger Trust, clarify the accounts from
which the purchase was made, authorize acceptance of the original $7,000 deposit and an
additional $18,550 donation toward the purchase from the Queensbury Land Conservancy, and
authorize a temporary loan from the General Fund up to $50,000 until such time as such grant funds
are received,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby reaffirms Resolution Nos: 278,2018
and 293,2018 regarding the Town's purchase of 77.5 acres of unimproved land located in the Town
owned by the Martha Freiberger Trust with rights appurtenant to the Rush Pond Park for the
amount of $151,223.20 and the Town's acceptance of the $50,000 capital grant from the Open
Space Institute Land Trust, Inc., and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the acceptance of the generous
donation of a total of$25,550 from local residents led by Glen Bruening through the Queensbury
Land Conservancy toward such properly purchase, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes $75,673.20 from the General Fund
Unappropriated Fund Balance toward such property purchase, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes a temporary loan from the General
Fund to the Rush Pond Bicycle/Pedestrian Path Capital Project Fund#166 up to $50,000 until such
time as grant funds are received, and
BE IT FURTHER,
RESOLVED that the Town Board further authorizes and directs the Town Budget Officer
to take all action necessary to increase the following appropriations and revenues as necessary:
• Revenue Accounts
• 166-0000-52705 Gifts Donations - $50,000
• 166-0000-52705 Gifts Donations - $25,550
• 166-0000-55031 Interfund Transfers - $75,673.20
• Expense Accounts
• 166-8020-2820 Land Acquisition - $151,223.20
• 001-9950-9030 - Transfer to Capital Projects - $75,673.20
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or
prepare any documentation necessary regarding such appropriations and revenues, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
and/or Town Budget Officer to take such other and fiu-ther actions as may be necessary to effectuate
the terms of this Resolution.
Duly adopted this 10"'day of September, 2018 by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mrs.Atherden,Mr. Ferone, Mrs. Switzer
NOES: None
ABSENT: None