WHICH IS SUBJECT TO PERMISSIVE REFERENDUM, PURSUANT TO ARTICLE 7 OF THE TOWN LAW, UNTIL EXPIRATION OF 30 DAYS AFTER THE DATE OF ADOPTION.
RESOLUTION AUTHORIZING TOWN OF BEDFORD TO LEASE PROPERTY AT 321 BEDFORD ROAD, BEDFORD HILLS, NEW YORK TO THE BEDFORD HILLS HISTORICAL MUSEUM INC., SUBJECT TO PERMISSIVE REFERENDUM
WHEREAS, the Town is the owner of certain premises commonly known as 321 Bedford Road, Bedford Hills, New York 10507 (the “Town Hall”); and
WHEREAS, the BHHM represents that is organized under Section 509(a)(1) and 501(c)(3) under the Internal Revenue Code and is authorized by New York State to operate as a museum; and
WHEREAS, the Town has agreed to lease a portion of the basement of the Town Hall to BHHM (the “Premises”) as more specifically set forth in a negotiated Agreement of Lease that has been reviewed by the Town Board, and BHHM has agreed to use the Premises to further its mission of enabling present and future residents of the Town of Bedford to learn about and study Bedford Hills, its history and its people; and to ensure the preservation of historical artifacts, objects, journals, newspapers, memorabilia and other items in or involving the hamlet of Bedford Hills, for the edification and enjoyment of the general public, residents, inhabitants, citizens and taxpayers of the Town of Bedford; and
WHEREAS, the terms and conditions of the Agreement of Lease are set forth an Agreement of Lease approved by the Town of Bedford Town Board and the BHHM Board of Directors which requires BHHM, among other things, to retain appropriate insurance, indemnify and hold the Town of Bedford harmless for any claims or damages resulting from BHHM’s use of the premises and to reimburse the Town for use of utilities. The Agreement of Lease can be examined at the Town of Bedford Town Hall located at 321 Bedford Road, Bedford Hills, New York, during normal business hours.
NOW THEREFORE, BE IT RESOLVED, that it is in the best interests of the Town of Bedford to lease the Premises to BHHM for the public purposes stated in the Agreement of Lease; and
IT IS FURTHER RESOLVED, that pursuant to the State Environmental Quality Review Act (“SEQRA”) the leasing of such property constitutes a “Type II Action” under SEQRA and no further environmental review is required; and
IT IS FURTHER RESOLVED, that the Town Board of the Town of Bedford hereby approves the entering into of the Agreement of Lease with BHHM for the Premises located at 321 Bedford Road, Bedford Hills, New York, based upon the terms and conditions set forth in the Agreement of Lease; and
IT IS FURTHER RESOLVED, that this Resolution approving the Agreement of Lease is subject to a permissive referendum pursuant to Town Law §64(2) and shall not go into effect until thirty days after its adoption; nor until approved by the affirmative vote of a majority of the qualified electors of the Town of Bedford voting on such proposition, if within thirty days after its adoption there be filed with the Town Clerk a petition signed, and acknowledged or proved, or authenticated by electors of the Town of Bedford qualified to vote upon a proposition to raise and expend money, in number equal to at least five per centum of the total vote cast for Governor in the Town of Bedford at the last general election held for the election of state officers, but which shall not be less than one hundred in a Town of the first class nor less than twenty-five in a town of the second class, protesting against such act or resolution and requesting that it be submitted to the qualified electors of the Town of Bedford, for their approval or disapproval; and
IT IS FURTHER RESOLVED, that the Town Supervisor is authorized to execute the final version of said Agreement of Lease on behalf of the Town of Bedford and to take any other actions necessary to effectuate said Agreement of Lease.
Dated: April 23, 2019 Lisbeth Fumagalli, RMC, CMC