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3.2 3.2 AGREEMENTS\Intermumcipal-Warren County-Rush Pond Trail—11-5-12 RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT WITH WARREN COUNTY CONCERNING DEVELOPMENT OF RUSH POND WAY TRAIL RESOLUTION NO.: , 2012 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 251, 2012, the Queensbury Town Board authorized an Agreement between the Town and Richard Schermerhorn and/or Schermerhorn Real Estate Holdings providing for the development of the Rush Pond Way Trail, a multiuse trail proposed for construction within portions of the Warren County right-of-way extending along West Mountain Road(Trail), and WHEREAS,the primary use of the County right-of-way would be at the northern end of West Mountain Road which is currently being used as a parking lot, and WHEREAS, Warren County and the Town of Queensbury wish to enter into an Intermunicipal Agreement providing, among other things,that: 1. the Town or its agents, construct, upgrade, maintain and use the Trail within portions of the County right of way, with the Town to indemnify and hold harmless Warren County from any claims related to the construction, maintenance or public use of the Trail; 2. construction details and future modifications of the Trail shall be approved by the County's Superintendent of Public Works, with actual construction and maintenance work within the County's right-of-way to be by separate permit issued by the Superintendent; and 3. the term of the Agreement to be in effect until it is revoked by either party with or without cause, and WHEREAS, by Warren County Resolution No.: 614 of 2012, the County Board of Supervisors authorized such an Intermunicipal Agreement, and WHEREAS, the Queensbury Town Board feels that such an Intermunicipal Agreement will benefit Town residents and therefore wishes to authorize such Agreement, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an Intermunicipal Agreement with Warren County concerning development of the Rush Pond Way Trail within portions of the County right-of-way extending along West Mountain Road, such Intermunicipal Agreement to be in form set forth and agreed upon by the Town Supervisor, County Attorney, Town of Queensbury Parks and Recreation Director, and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Intermunicipal Agreement and the Town Supervisor, Director of Parks and Recreation, Town Counsel and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of November,2012,by the following vote: AYES NOES ABSENT: