Legal Notices - The Millerton News - 11-26-20
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TOWN OF AMENIA
NOTICE OF ADOPTION OF RESOLUTION
SUBJECT TO PERMISSIVE REFERENDUM
Notice is hereby given that the Town Board of the Town of Amenia, Dutchess County, New York, at a regular meeting thereof, held on November 19, 2020, duly adopted the following Resolution, subject to Permissive Referendum:
No. 55 of 2020
RE: AUTHORIZING SECOND AMENDMENT TO TOWER LEASE AGREEMENT WITH ORANGE COUNTY-POUGHKEEPSIE LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS
WHEREAS, the Town of Amenia (“Town”) owns real property located at 12 Washington Court, identified on Tax Grid No. 7167-00-410168, in the Town of Amenia, New York (the “Premises”); and
WHEREAS, the Town recognized the need to upgrade the municipal communication services for Fire, Police, Water Department, Highway Department and future municipal communication needs; and
WHEREAS, the Town desired to construct a municipal tower for municipal use and for other companies requiring electromagnetic signal distribution; and
WHEREAS, on or about October 17, 2002, the Town of Amenia entered into a Master management Agreement with JNS Enterprises, Inc. whereby JNS was engaged to arrange for the development, construction and management of a municipal cell tower and to manage the ongoing operations; and
WHEREAS, the municipal cell tower was constructed along with an accessory structure for storage on the Premises; and
WHEREAS, on or about October 28, 2004, the Town and Orange County-Poughkeepsie Limited Partnership d/b/a Verizon Wireless (“Verizon” “) entered into a Tower Lease Agreement whereby Verizon leased a portion of the cellular tower and the land owned by the Town located at 12 Washington Court, for the purpose of transmitting wireless signals and maintaining an equipment shelter; and
WHEREAS, on or about April 15, 2011, JNS entered into an Asset Purchase Agreement with Crown Communications, LLC (“Crown”) whereby Crown agreed to accept and assume JNS’ obligations under the Master Management Agreement; and
WHEREAS, the Town Board of the Town of Amenia, by Resolution No. 24 of 2011, agreed to, consented, and authorized the Assignment and Assumption Agreement; and
WHEREAS, on or about March 9, 2012, Crown and Verizon entered into a First Amendment to the Tower Lease Agreement, whereby Verizon was granted the right to substitute antennas on the tower without any fee increases, provided the number of antennas did not exceed 12 and the maximum allowable surface area of 10,140 sq. ft. was not exceeded; and
WHEREAS, Verizon and the Town now wish to enter into a Second Amendment to the Tower Lease Agreement in order to modify certain terms of the Agreement and the First Amendment as described in the Second Amendment to the Tower Lease Agreement, a copy of which is affixed hereto; and
WHEREAS, pursuant to Town Board Resolution #20 of 2002, the Town Board, in accordance with New York State SEQRA Regulations, caused an Environmental Assessment Form to be drafted and, after careful evaluation, issued a Negative Declaration determining that the municipal tower would not have any significant adverse environmental impacts; and
WHEREAS, the Town Board of the Town of Amenia determines that this Second Amendment to the Tower Lease Agreement is a Type II action under the State Environmental Quality Review Act (“SEQRA”) and therefore not subject to review under SEQRA; and
WHEREAS, it has been determined that the approval of the Tower Lease Agreement dated October 28, 2004, the First Amendment thereto dated March 9, 2012, and this Second Amendment to the Tower Lease Agreement are collectively subject to a Permissive Referendum.
NOW, THEREFORE, BE IT RESOLVED, that the recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein; and be it further
RESOLVED, that the Town Board hereby ratifies the Tower Lease Agreement dated October 28, 2004, the First Amendment thereto dated March 9, 2012, and approves the Second Amendment to the Tower Lease Agreement, in the form annexed hereto, and authorizes the Town Supervisor to sign the Second Amendment to the Tower Lease Agreement on behalf of the Town; and be it further
RESOLVED, that the Town Board hereby authorizes the Town Supervisor to sign any additional documents that may be necessary to effectuate the Second Amendment to the Tower Lease Agreement and to take such administrative and ministerial action as may be necessary to effectuate the terms of this Resolution; and be it further
RESOLVED, that this Resolution is adopted subject to Permissive Referendum; and be it further
RESOLVED, that the Town Clerk shall give Notice of Adoption of Resolution by publishing a copy of this Resolution, together with the Notice of Adoption thereof, in the official newspaper of the Town, and, in addition, the Town Clerk shall post or cause to be posted on the bulletin board maintained by the Town Clerk at Town Hall and on the Town’s website, a copy of such Resolution and Notice of Adoption thereof, with the publication and posting to be done within ten (10) days of the date hereof.
Motion made by Gutierrez; Seconded by Morris
The foregoing resolution was voted upon with all councilwomen/councilmen voting as follows:
Dated: Amenia, New York, November 19, 2020.
DAWN MARIE KLINGNER TOWN CLERK