Board of Trustees
Village of Tarrytown
Special Meeting No. 19
November 30, 2009
12:00 p.m.
PRESENT: Mayor Fixell; Trustees Basher, Hoyt and McGee. Village Administrator Blau.
ABSENT: Trustees Butler, McGovern and Zollo.
Resolution to Provide Indemnification to the Town of Greenburgh
Trustee Basher moved, seconded by Trustee Hoyt that the following resolution be approved. Motion carried, all voting “aye”. Approved: 4-0.
WHEREAS, the Town of Greenburgh adopted a Local Law on November 23, 2009 that provides for the retail sale of consumer merchandise, book and fully enclosed restaurant use as a Special Permit use in the Office Building District; and
WHEREAS, the Village of Tarrytown has been working with the Town and other parties involved in this rezoning process to address concerns relating to the Bridge Plaza Shopping Center; and
WHEREAS, the Bridge Plaza Shopping Center is the location of the Stop & Shop supermarket that will be replaced by a proposed Super Stop & Shop at a location adjacent to the intersection of Route 119 and Benedict Avenue as well as impacts from the rezoning on various stores in the Village; and
WHEREAS, an agreement has been developed to address the concerns of the Village of Tarrytown and the parties to this agreement in addition to the Village are the Town of Greenburgh, The Stop & Shop Supermarket Company LLC and the Tarrytown Shopping Center Limited Liability Company; and
WHEREAS, the Village of Tarrytown believes that it is in the best interest of Tarrytown that the Town of Greenburgh be a signatory to the agreement; and
WHEREAS, the Town of Greenburgh has agreed to be a signatory to the agreement provided the Village of Tarrytown agrees that it will defend the Town of Greenburgh, should the Town be sued based upon specific provisions in the agreement.
NOW THEREFORE, BE IT RESOLVED, that the Village of Tarrytown does hereby agree to provide a defense to the Town of Greenburgh, should the Town be sued based upon Paragraphs 1; 2; 3; 4; 6; 7, with the exception of the actions of the Tarrytown Shopping Center Limited Liability Company; and 8, strictly relating to the Peapod delivery fee.
BE IT FURTHER RESOLVED, that the Village will select the attorney to defend the Town and shall direct, with direct communication with the Town, the defense of the lawsuit.
BE IT FURTHER RESOLVED, that the Village will obtain insurance to indemnify the Town of Greenburgh for this contractually assumed liability.
Trustee Basher moved, seconded by Trustee McGee and unanimously carried that the Special Meeting be adjourned at 12:15 p.m.
Respectfully submitted,
Michael S. Blau
Village Administrator
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