Town of Rochester Town Board
Special Meeting
Dec. 20, 2018 8:00AM
Town of Rochester Town Hall, 50 Scenic Dr, Accord, NY

I. Call to Order – Pledge to The Flag – Roll Call

II. Resolutions

Recommended motion;
Whereas; The Town entered into that certain Option and Lease Agreement (the “Lease”) with Borrego Solar Systems, Inc. (“Borrego”) on July 10, 2017, which Borrego subsequently assigned on June 7, 2018 in that certain Assignment and Assumption Agreement to Off Airport Road – West, LLC, but inadvertently wrote in the name Off Airport Road West Solar, LLC in the Assignment and Assumption Agreement, which was agreed and accepted by the Town. and

Whereas; On November 1, 2018, the Town entered into a (i) First Amendment of Lease, (ii) Memorandum of Commitment and (iii) Memorandum of Option and Lease which was subsequently recorded on November 20, 2018, as Instrument number 2018-16120 in the Ulster County Clerk’s Office, and (iv) License Agreement (Mine) which was subsequently recorded on November 20, 2018, as Instrument number 2018-16121 in the Ulster County Clerk’s Office (collectively, the “Documents”). Each of the Documents inadvertently and incorrectly referred to the counterparty as Off Airport Road West Solar, LLC instead of as Off Airport Road – West, LLC.

Therefore; The Town Board authorizes the Town Supervisor, upon review and advice of the Town Attorney, to correct the error on the Documents and the Assignment and Assumption Agreement, to Sign on behalf of the Town, (a) a Corrective Memorandum of Option and Lease Agreement and (b) Corrective License Agreement (Mine) as of even date herewith, which documents shall be recorded in the Ulster County Clerk’s Office, and further

The Town Board authorizes the Town Supervisor, upon review and advice of the Town Attorney, to initial the strike out to the word “Solar” and addition of a dash in the name of Off Airport Road – West, LLC where ever it appears in the originally signed (a) First Amendment of Lease, (b) Memorandum of Commitment, and (c) Assignment and Assumption Agreement.

III. ADJOURNMENT