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251.2012 Agreement Schermerhorn Rec Commission And Town RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND TOWN OF QUEENSBURY RECREATION COMMISSION AND RICHARD SCHERMERHORN AND/OR SCHERMERHORN REAL ESTATE HOLDINGS RESOLUTION NO.:251,2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, Richard Schermerhorn and/or Schermerhorn Real Estate Holdings (Schermerhorn)is currently developing Westbrook Apartments in the Town of Queensbury, and WHEREAS, recreation fees associated with this project amount to approximately $30,000, and WHEREAS, Schermerhorn has negotiated with the Town Recreation Commission to develop the Rush Pond Way Trail in lieu of paying the recreation fee, and WHEREAS, the Recreation Commission has determined that it is in the best interest of the Recreation Commission and the people of Queensbury to accept the development of the Rush Pond Way Trail in lieu of the recreation fee, and WHEREAS, the Recreation Commission has sought the authorization of the Town Board to waive the recreation fee and has requested that the Town Board enter into an Agreement with Schermerhorn to develop the Rush Pond Way Trail, and WHEREAS, the Town Board believes that the development of the Rush Pond Trailway will benefit the community and that the value of this benefit to the community equals or exceeds $30,000, and WHEREAS, a proposed Agreement between the Town and Schermerhorn has been presented at this meeting, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor to enter into the Agreement between the Town and Richard Schermerhorn and/or Schermerhorn Real Estate Holdings substantially in the form presented at this meeting, which will provide for the development of the Rush Pond Way Trail in lieu of recreation fees to the Town's specifications and within an eight(8)month period, and BE IT FURTHER, RESOLVED, that the Town Board waives the recreation fees for the Westbrook Senior Housing provided that Schermerhorn meets the obligations set forth in such Agreement, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Recreation Commission and/or Town Counsel to take any additional actions necessary to effectuate the terms of this Resolution. Duly adopted this 2&day of August, 2012,by the following vote: AYES Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Montesi NOES None ABSENT: None