https://sleepyhollow.localarchives.org/files/original/4d3c67dbb03fcb5990c2c31dae08950d.pdf 6bb11f75b50c43cac24e7ea859ac9088 PDF Text Text Meeting Date: 12/17/2014 Resolution #: 12/159/2014 RESOLUTION DESIGNATING THE SLEEPY HOLLOW LOCAL DEVELOPMENT CORPORATION AS "DESIGNEE" TO RECEIVE CONVEYANCE OF REAL PROPERTY KNOWN AS THE EAST PARCEL FROM THE MT. PLEASANT INDUSTRIAL DEVELOPMENT AGENCY PURSUANT TO SPECIAL PERMIT DATED JUNE 7, 2011 Whereas, Board of Trustees of the Village of Sleepy Hollow (BOT) adopted Resolution Number 06/66/2011 titled "Resolution Granting Special Permit and approving the Riverfront Development Concept Plan (the "Special Permit") to General Motors LLC ("applicant"); and Whereas, the property subject to the Special Permit includes 3 separate parcels commonly referred to in the Special Permit as the West Parcel, East Parcel, and South Parcel; and Whereas, the Special Permit incorporates terms, conditions and obligations under which the Special Permit was approved, including the conveyance of the East Parcel and a portion of the South Parcel to the Village of Sleepy Hollow (VSH), or its designee, pursuant to Paragraph 9 (b); and Whereas, legal title to the property is currently held in the name of the Mount Pleasant Industrial Development Agency (IDA) and the applicant is the equitable title holder; and Whereas, the applicant and the IDA have notified VSH they intend to convey the West Parcel to a developer known as Lighthouse Landing Venture, LLC (developer) on or about December 19, 2014. (Note: the South Parcel is intended to be conveyed to the developer at this time and at a later date a portion of same will be conveyed to the VSH, or its designee); and Whereas, the applicant and the IDA have notified VSH they intend to convey the East Parcel to VSH, or its designee, on or about December 19, 2014, pursuant to the terms of the Special Permit; and Whereas, pursuant to paragraph 1 of the Special Permit the developer has submitted a Certificate in form and substance approved by Village Counsel in which it has agreed to assume and be subject to all of the obligations of the applicant as described in the application, the FEIS, the Findings Statement as amended, and the Permit, attached hereto as Exhibit A; and Whereas, on or about September 3, 2014 the BOT formed the Sleepy Hollow Local Development Corporation (LDC) for the purpose of designating the LDC to accept conveyance of title to the East Parcel and a portion of the South Parcel from the IDA (or developer) pursuant to the terms, conditions and obligations of the Special Permit; and �Whereas, the VSH has notified the IDA, applicant, and developer that the LDC is VSH's designee to receive conveyance of the title to the East Parcel; and Whereas, the BOT is desirous of authorizing the Mayor to execute a License Agreement with the LDC, or its designee, whereby the LDC, or its designee, provides VSH with an exclusive license to enter the East Parcel for uses allowed pursuant to the Special Permit and the deed conveyed to the LDC, or its designee, by the applicant, with a provision that periodic license payments be paid by VSH to the LDC, or its designee, equal to 100% of the costs incurred by the LDC in connection with its ownership of the property; and Whereas, pursuant to the Special Permit, approximately 8 acres of the East Parcel are intended to be conveyed to Historic Hudson Valley for uses allowed pursuant to the Special Permit and the deed conveyed by the applicant; and Whereas, the developer has agreed to bind a policy of environmental liability insurance on the terms and conditions reflected in a quotation of coverage from Allied World Assurance company ("AWAC"), dated on or about December 17, 2014, which has been approved and recommended in form and substance by Consultant Gene P. Devine, Esq., Rockville Centre, NY; and Whereas, in addition to the agreement to bind a policy of environmental liability insurance in favor of the VSH and LDC, and it designee, the developer has agreed to terms and conditions regarding self-insured retention payments, aggregate amount of insurance coverage, master homeowners association insurance to be paid for the benefit of the VSH, LDC, or its designee, and Historic Hudson Valley, inter alia, as outlined in a "Term Sheet" attached hereto as Exhibit B and more specifically to be set forth in an Agreement between the VSH, LDC and the developer in form approved by Village Counsel; and Whereas, VSH has received and hereby acknowledges all title documents, restrictive covenants, deeds, easement and related materials associated with the East Parcel, along with the Special Permit, governing the transfer of the East Parcel to the LDC (collectively, the "Title and Use Covenants"), �Now, therefore, be It resolved, in consideration of all of the above, the BOT hereby designates the LDC, or its designee, to receive conveyance of title to the East Parcel from the IDA, subject to a License Agreement to be entered between VSH and the LDC, or its designee, for the uses of said property, subject to the terms and conditions of the Special Permit and the deed; and Be it further resolved, the BOT hereby authorizes the Mayor to execute a License Agreement attached hereto as Exhibit C with the LDC whereby the LDC, or its designee, provides VSH with an exclusive license to enter the East Parcel for uses allowed pursuant to the Special Permit and the deed conveyed to the LDC by the applicant, with a provision that periodic license payments be paid by VSH to the LDC, or its designee, equal to 100% of the costs incurred by the LDC in connection with its ownership of the property; and Be It further resolved, the BOT, on behalf of VSH, approves the form and language of the deed to the East Parcel attached hereto (C&F document no. 2486126.9). Moved: Trustee Campbell Seconded: Trustee Handelman Vote: 7-0 �Meeting Date: 12/17/20174 Resolution Date: 12/160/2014 RESOLUTION AUTHORIZING THE i^AYOR TO EXECUTE A LICENSE AGREEI^ENT WITH LIGHTHOUSE LANDING VENTURE, LLC TO USE WEST PARCEL FOR STORAGE OF DPW EQUIPMENT AND VEHICLES Wliereas, the Village of Sleepy Hollow (VSH) currently has a license agreement with General Motors Corporation (GM) to use property owned by It for storage of DPW equipment and vehicles; and Whereas, the Board of Trustees (BOT) is desirous of entering into a similar agreement with the new owners of the property, Lighthouse Landing Venture, LLC, (LLV) under substantially similar terms and conditions as contained in the current license agreement with GM, Now, therefore, be it resolved the BOT hereby authorizes the Mayor to execute a license agreement, approved In form and substance by Village Counsel, with LLV to store DPW equipment and vehicles on property owned by LLV. Moved: Trustee Wompa Seconded: Trustee Stupel Vote: 7-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2014 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2014-12-17_Special-Session_RES-159-160 Subject The topic of the resource Board of Trustees Minutes-2014 Date A point or period of time associated with an event in the lifecycle of the resource 2014 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text