A Special Meeting was held on December 20, 2018 at 8:00am at the Town of Rochester Town Hall authorizing the Town Supervisor to sign documents relating to the solar project off Airport Rd.

PRESENT:

Supervisor Baden Councilman Drabkin Councilwoman Haugen-Depuy
Deputy Town Clerk Ferrara

ABSENT:

Councilwoman Fornino Councilman Hewitt

Supervisor Baden opened the meeting.

RESIGNING AGREEMENT REGARDING SOLAR PROJECTS:
Resolution # 386-2018:

A Motionwas made by Councilman Drabkin that;

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.

Second: Councilwoman Haugen-Depuy
Aye: 3 nay: 0 abstain: 0 motion carried
Fornino, Hewitt absent
ADJOURNMENT:

A Motion was made by Councilman Drabkin to adjourn the meeting at 8:03pm.

Second: Councilwoman Haugen-Depuy motion carried

RESPECTFULLY SUBMITTED,

CHRISTINA M. FERRARA
DEPUTY TOWN CLERK