Referred to: The Public Works and Capital Projects Committee (Chairman Fabiano

and Legislators Greene, Litts, Loughran, and Maloney), and The Ways and Means

Committee (Chairman Gerentine and Legislators Allen, Bartels, Belfiglio, Briggs,

Maio, and Maloney)

Chairman Kenneth J. Ronk, Jr. offers the following:

WHEREAS, this resolution has been submitted by the County Executive on

behalf of the Department of Public Works; and

WHEREAS, on December 28, 1987 the County of Ulster entered into a lease

with G.D. Realty Company as Owner and Heritage Oil Delivery Service, Inc. as

Lessor, for lease of the entire premises located at 16 Lucas Avenue in the City of

Kingston, Ulster County, New York, with a term commencing February 1, 1988 and

ending on January 31, 1993, to use and occupy the premises as Ulster County Family

Court and for the storage of Ulster County Records; and

 WHEREAS, said lease was subsequently renewed and extended by the parties

on May 4, 1993 with a term from January 31, 1993 to January 31, 1998; said lease

was extended and modified on August 20, 1997 with a term until January 31, 2003;

said lease was renewed and extended on January 7, 2003 with a term from January

31, 2003 to January 31, 2008; said lease was amended by letter agreement signed by

the parties on May 7, 2003; said lease was extended for only one of two additional

consecutive one year terms by letter dated November 7, 2007, said term ending on

August 31, 2009; said lease was extended and renewed by the parties in 2009 with a

term from September 1, 2009 to August 31, 2014; and said lease was assigned from

Heritage Oil Delivery Service, Inc. to GD Realty Kingston, LLC on August 27, 2014;

said lease was extended and renewed by the parties on September 2, 2014 with a term

from September 1, 2014 to August 31, 2015; a Lease Amendment Rider was signed

by the parties on November 17, 2014; said lease was renewed and extend by the

parties on May 11, 2015 with a term from August 31, 2015 to August 31, 2016; and

 WHEREAS, pursuant to Resolution 386 dated August 16, 2016 and

approved by the Ulster County Legislature on the same day and signed by the County

Executive on August 19, 2016, said lease was renewed and extended by the parties

on August 31, 2016 with a term from September 1, 2016 to August 31, 2018; and 

 WHEREAS, on November 8, 2016, the electorate of Ulster County approved a

mandatory referendum in favor of relocating the Ulster County Family Court to a

different site in the Town of Ulster, Ulster County, New York; and

 WHEREAS, by reason of the foregoing, Ulster County has no intention of

purchasing the premises located at 16 Lucas Avenue from GD Realty of Kingston,

LLC and GD Realty Company; and

 WHEREAS, on March 23, 2016, Ulster County was served with “Notice of

Right of First Refusal Under Lease” by GD Realty of Kingston, LLC and GD Realty

Company, owner and lessor of 16 Lucas Avenue, respectively, a copy of which

notice is annexed hereto as Exhibit A; and

 WHEREAS, that said owner and lessor have requested that the County of

Ulster waive its Right of First Refusal and release the sixty (60) day acceptance

period granted pursuant to the language contained in Section XXVIII of the lease and

further that the County of Ulster, by the Chairman of the Ulster County Legislature,

execute and acknowledge a “Certificate of Right of First Refusal Waiver and

Release “, thereby documenting its termination, waiver and release of said Right of

First Refusal as previously described; now, therefore, be it

 RESOLVED, that the Chairman of the Ulster County Legislature is authorized

and directed to make, execute and deliver to said owner and lessor of 16 Lucas

Avenue in the City of Kingston, Ulster County, New York, or to their authorized

representative(s), a “Certificate of Right of First Refusal Waiver and Release”, a

copy of which is annexed hereto as Exhibit B, concerning the said real property

leased by the County and located at 16 Lucas Avenue; and, be it further

 RESOLVED, that the said County of Ulster shall in no event be or become

liable for any defects in said waiver and release for any cause whatsoever, and that no

claim or demand of any nature shall ever be made against the County of Ulster

arising from such waiver and release or the proceedings leading thereto,

 and move its adoption. 

ADOPTED BY THE FOLLOWING VOTE:

AYES: 21 NOES: 1

(Noes: Legislator Donaldson)

 (Absent: Legislator Briggs)

Passed Committee: Public Works and Capital Projects on April 5, 2017

Passed Committee: Ways and Means on April 11, 2017

FINANCIAL IMPACT:

NONE

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is

the original resolution adopted by the Ulster County Legislature on the 18th Day of April in the year Two Thousand and

Seventeen, and said resolution shall remain on file in the office of said clerk.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 21st Day of April in

the year Two Thousand and Seventeen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

21st Day of April, 2017. 27th Day of April, 2017.

|s| Victoria A. Fabella |s| Michael P. Hein

Victoria A. Fabella, Clerk Michael P. Hein, County Executive

Ulster County Legislature