Professional Documents
Culture Documents
WHEREAS, in November 1993, the Dutchess County Entertainment Corp. entered into a
lease with the Beacon City School District to lease approximately twenty (20) acres in the Town of Fishkill
upon which Dutchess Stadium (Stadium) could be constructed, and
WHEREAS, in April 1994, the County of Dutchess (County) entered into an agreement with
the Dutchess County Entertainment Corp. which provided for the Dutchess County Entertainment Corp. to
construct and operate a baseball stadium that would be home to a Class A Minor League Professional
Baseball Club, and
WHEREAS, in May 1994, the Dutchess County Entertainment Corp. assigned its rights in the
above agreements to the Hudson Valley Stadium Corp., and
WHEREAS, the Hudson Valley Stadium Corp. entered into an agreement with the Keystone
Professional Baseball Club, Inc. (the Renegades) in April 1994 that provided for the construction and
subsequent use of the Stadium by the Renegades, and
WHEREAS, in April 1995, the County entered into an amendment agreement with the
Hudson Valley Stadium Corp. which provided for the County to take over the construction and become the
owner of the Stadium, and
WHEREAS, the Hudson Valley Stadium Corp. continued to operate the Stadium on behalf of
the County until December 31, 2006, and
WHEREAS, in December 2006, the County entered into a ten year (10) agreement with
Keystone Professional Baseball Club, Inc. that provided for the use of the Stadium, and
WHEREAS, with the new agreement between the County and the Renegades, the Hudson
Valley Stadium Corp. is no longer involved in the operation of the Stadium, and·
WHEREAS, the Hudson Valley Stadium Corp. will be filing the necessary documents to
dissolve its corporate existence once all outstanding issues related to the Stadium have been finalized, and
WHEREAS, the County needs to enter into a lease, a copy of which is annexed hereto, with
the Beacon City School District for the real property upon which the Stadium was constructed, and
WHEREAS, Dutchess County Administrative Code Section 32.01, states that leases for real
property require the Legislature's approval, now therefore, be it
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RESOLVED, that this Legislature approves of the lease between the County of Dutchess and
the Beacon City School District, and authorizes the County Executive to execute it in substantially the satne
fortn annexed hereto.
CA-223-08
CAB/ca/G-1068-I
11/10/08
Fiscal ltnpact: See attached statement
APPROVED
WILLIAM R. STEINHAUS
COUNTY EXECUTIVE
This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoing resolution with the original
resolution now on file in the office of said clerk, and which was adopted by said Legislature on the 8th day of December. 2008, and that the sam(;! is a tme and
correct transcript of said original resolution and of the whole thereof. //
IN WITNESS WHEREOF, l have hereunto set my hand and seal of said Legislature this g•i·day ecember, 2008 / /
B, RBAR ~~R~~EG!SLATURE
Page 2 of2 I
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FISCAL IMPACT STATEMENT
APPROPRIATION RESOLUTIONS
(To be completed by requesting department)
Additional Comments/Explanation:
The lease calls for the county to pay 25% of the additional revenue received by the county from the Renegades from
mass gatherings as per Article 4.Rent paragraph 4.2 from existing contract 07-0026-12116 PW dated December 21, 2006.
These amoutns will vary from year to year based on attendance at each specific event.
Dulpdf
DUTCHESS COUNTY ATTORNEY'S OFFICE
County Office Building
22 Market Street
Poughkeepsie, New York 12601
Tel. (845) 486-2110
Fax (845) 486-2002
MEMORANDUM:
Enclosed please find a resolution request seeking the Legislature's authorization for the County
Executive to execute a ten (10) lease with the Beacon City School District (BCSD) for the real
property that Dutchess Stadium was built upon. The reason we need to have this lease executed
is because the existing lease between the Hudson Valley Stadium Corp (HVSC) and the BCSD
did not contain a provision allowing the lease to be assigned to the County.
The annual rental amounts in the new lease were taken from the existing lease. The two
significant differences between the two leases are the term and the additional payment of 25% of
what the County receives from the Renegades for the mass gatherings (i.e. K-FEST). The term of
the existing lease is fifty (50) years. There is a provision in the NYS Education Law that says
that leases can only be ten years. The Education Law also provides for an extension for an
additional ten years upon the approval of the NYS Commissioner of Education. Once the twenty
years is up, the lease will need to be approved by the voters in the BCSD.
The existing lease contained a provision that the BCSD would receive 2% of the net profits of
the outside events put on by the HVSC. The BCSD never received the revenue that they
anticipated because the HVSC did not put many outside events that generated a significant
amount of revenue. Therefore, the BCSD requested a change in the formula relating to the
revenue that it will receive from outside events (the 25% of what the County receives on the
mass gatherings)
It is my understanding from Michael Lambert Esq., attorney for the BCSD, that the new lease
will be on the November 24, 2008 Board of Education agenda for their approval. The Board of
Education has already discussed the lease and are in favor of it.
This lease, dated the day of , 2008, by and between THE BOARD
Education Drive, Beacon, New York 12508, hereinafter referred to as "Lessor", and the
WHEREAS, the Lessor entered into a lease agreement with the Dutchess County
Entertainment Corp. dated November 16, 1993 to lease that property for the constrnction
WHEREAS, the Dutchess County Entertainment Corp assigned said lease to the
WHEREAS, the County of Dutchess is the owner of Dutchess Stadium and the
WHEREAS, the County of Dutchess has entered into a ten (10) year agreement
with the Keystone Professional Baseball Club, Inc, a Florida Corporation doing business
as the Hudson Valley Renegades, which allows the Renegades to play short season Class
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WHEREAS, the Hudson Valley Stadium Corp wishes to terminate its lease with
WHEREAS, the Country of Dutchess wishes to enter into a lease with the Lessor
for the approximately twenty-one (21) acres of real property that Dutchess Stadium and
Town of Fishkill, County of Dutchess, State of New York, as depicted on Exhibit "A"
2. Purpose of Lease.: The purpose of this lease is for the Lessee to operate a
baseball stadium facility with an approximate capacity of 4,000 seats, for use by a minor
the Lessee or the baseball team management. The Lessee shall be restricted in entering
into sublease agreements with any party other than the management of such minor league
baseball team. Any other subleasing shall be void and shall be considered a condition of
default under this Lease Agreement, absent the express written consent of the Lessor,
which consent shall not be unreasonably withheld. Any sublease, as authorized herein,
shall be made subject to all of the terms, conditions and limitations contained in this
Lease Agreement, except as agreed in writing between the Lessor and Lessee; provided,
however, that any sublessee shall be required to maintain liability insurance coverage in
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3. Term of Lease: The term of the lease shall commence on January I, 2009 and
terminate on December 31, 2018. The lease may be extended for up to an additional term
often (10) years in accordance with NYS Education Law Section 403-a (2). The Lessor
agrees to take all actions within its authority to extend this Lease an additional ten (10)
years, provided the Lessee requests an extension in writing on or before December 31,
2017.
All annual lease payments shall become due and payable within thirty (30) days
of the lease anniversary date (January 1st). Failure to make such payment within sixty
(60) days of the lease anniversary day shall constitute a condition of default under this
lease agreement.
In addition, the Lessee agrees to pay to the Lessor twenty-five percent (25%) of
each mass gathering additional rent payment that the Lessee receives from the Renegades
as outlined in Section 4.2 of the agreement between the Lessee and the Renegades.
Section 4.2 of said agreement is annexed hereto as Exhibit "B" and made a part hereof.
The Lessee agrees that it will not modify Section 4.2 in any material respect without the
5. Services: The Lessee agrees to maintain any utilities and a water and sewer
service that were installed in connection with the construction of Dutchess Stadium.
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6. Reports, Surveys and Renderings: The Lessee agrees that any and all reports,
shall be the joint property of the Lessee and Lessor and may be used by the Lessor in the
event of default on the part of the Lessee or at any time after the lease termination date ..
7. Easements: The Lessor agrees to convey to the Lessee any easements that
may be necessary for the operation of Dutchess Stadium. The . conveyance of the
easements will be in accordance with Education Law Section 405. The Lessee agrees to
pay for any and all costs and expenses attributable to the conveyance of the easement ( s),
including but not limited to, survey fees, reasonable attorneys' fees and site restoration.
8. Signs: The Lessee shall be granted a license to install a sign upon the lands
owned by the lessor at each entrance roadway to the stadium facilities. The size and the
nature of the signs shall be subject to the approval of the Lessor, which approval shall not
be unreasonably withheld.
9. Access Road(s): The stadium access road shall also be available as an access
road to the intermodal transportation facility and/or a school building site located on
contiguous lands of the Lessor. The Lessee, for just consideration, agrees to convey
ingress and egress rights over the stadium access road to the intermodal transportation
facility owner. In addition, the Lessee, for just consideration, grant the right to use water
lines and sewer lines to the Lessor to serve the school building. The stadium access road
shall be subject to utility, ingress and egress easements fifty (50) feet in width in favor of
other contiguous lands owned by the Lessor, and shall be maintained by the Lessee,
except to the extent that Lessor's use or use by those in possession of Lessor's contiguous
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lands gives rise to greater than reasonable wear and tear, in which event, Lessor shall be
10. Beacon City School District Senior Varsity Baseball Team: The Beacon
City School District Senior Varsity Baseball Team shall have access to the Stadium
Facilities for the purpose of playing in up to three (3) of its league's Sectional and
Statewide playoff games scheduled during the months of May and June, as well as four
(4) other games played during those months, in any given year; provided, however, that
such games shall not conflict with the schedule of games of the minor league baseball
team. The groundskeeper may call the use of the field on a particular day if he declares
the field could be impaired for professional playing purposes. The called day will be
rescheduled. Failure to provide such access to the Beacon City School District Senior
Varsity Baseball Team, shall be deemed a condition of default under this lease
agreement. The Lessor shall bear the expense of providing security and shall handle the
11. Insurance Requirements: The Lessee shall at its sole cost, maintain
bodily injury and property damage, with a total limit of insurance per occurrence of
$10,000,000.00 The Lessor shall be listed as additional insured on said policy. A copy of
the certificate of insurance shall be provided to the Lessor upon execution of this Lease
Agreement, and annually, upon renewal of such insurance. Lessee shall provide to Lessor
a written stipulation from its insurers that they are required to notify Lessor, in writing, at
least thirty (30) calendar days prior to cancellation or refusal to renew any such policy. If
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the insurance specified herein is not kept in force during the entire term of this lease or
any extension. of this Lease, Lessor may procure the necessary insurance and pay the
premium therefore. The premium shall be repaid by Lessee to Lessor as an additional rent
installment with the next following installment of annual rent. Failure to pay such amount
In addition, the Lessee shall also pay the full costs to insure the baseball stadium facilities
against loss or destruction by fue or other causes in the amount of the replacement value
of the premises, at all times during the lease period. The Lessor shall be named an
A. If at any time during the term of this Lease, the premises are destroyed or
damaged, in whole or in part, by fire or other casualty covered by the insurance carried
by Lessee under paragraph "11" above, Lessee, at its sole cost and expense, shall
promptly cause the same to be substantially restored to their prior existing condition or, at
its option, restore the land to its original condition and quit the premises.
B. All restoration work under the provisions of this paragraph shall be performed
in a good workmanlike manner, in accordance with all applicable laws and regulations of
with the original plans and specifications, subject to any changes Lessee may reasonably
require. Lessee further agrees to indemnify and hold harmless the Lessor from any and all
claims, demands or liability arising from, or in any way connected with the restoration
work.
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C. Lessee shall fully comply with all the requirements of this Lease during any
consideration.
13. Non-liability of Lessor for Damages; Indemnity: The Lessor shall not be
liable for liability or damage claims for injury to persons or property from any cause
arising out of damages and losses occurring on sidewalks, streets and other areas adjacent
to the leased premises, including damage to adjoining property owners. Lessee shall
indemnify and hold harmless at all times against any liability, loss or damage claims or
obligations (including reasonable attorney's fees, costs and expenses) resulting from any
14. Ownership of Stadium Facilities: At all times during the lease term and any
extension thereof, the Lessee shall be the owner of the baseball stadium buildings and
appurtenances that are located upon the lands subject to the Lease. Upon the expiration of
the term of this Lease Agreement and any extension thereof, ownership of all buildings
15. Right to Enter Upon the Land: At all times during the term ofthis Lease,
the Lessor shall have the right to enter upon the land.
16. Notice of Default: The Lessor shall give to the lessee at least ninety (90)
calendar days written notice of a condition of default in order to allow, within that time,
17. Notices: All notices pursuant to the terms of this lease shall be in writing and
mailed by first class mail, registered or certified, return receipt requested to:
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LESSOR: Board of Education Clerk
Beacon City School District
10 Education Drive.
Beacon, NY 12508
County Attorney
22 Market St.
Poughkeepsie, NY 12601
18. Enforcement: Should it become necessary for the Lessor to bring legal suit
for the enforcement of the terms of this Lease Agreement, the Lessee agrees to reimburse
the Lessor, should Lessor prevail, for the reasonable costs of its attorney's fees, as well as
any other costs and disbursements which arise in connection with the litigation. The right
to such attorneys' fees and expenses shall be deemed to have accrued on the
condition of this Lease shall not be construed as a waiver of the covenant or condition
itself, of any subsequent breach of it, or of any other covenant or condition in this Lease.
Lessor's subsequent acceptance ,of rent shall not be construed as a waiver of any
20. Savings Clause: Should any provision of this Lease be declared illegal by a
court of competent jurisdiction, the remaining provisions shall be maintained in full force
21. Governing Law: The laws of the State of New York shall govern the judicial
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22. Authorization: This Lease Agreement shall be authorized by a duly enacted
By:------------
Department of Public Works
Print Name: _ _ _ _ _ _ _ _ __
Title: _ _ _ _ _ _ _ _ _ _ _ __
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STATE OF NEW YORK )
) SS:
COUNTY OF DUTCHESS )
Notary Public
STATEOFNEWYORK )
) SS:
COUNTY OF DUTCHESS )
Notary Public
Background to Resolution No.
208400
Exhibit B
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payable on or before September· 30th of each year, and the balance payable• on or before
December 15th of each year. In the event the Club's season is changed to a long season,
then the parties agree that they will enter into negotiations to increase the fixed rent amount
4.2 The Club shall pay to the County additional rent for each mass
(a) More than one thousand five hundred (1,500) paying attendees, the
(b) More than three thousand five hundred (3,500) paying attendees, the
(c) More than five thousand (5,000) paying attendees, the sum of Ten
(d) The Club shall make the payments of additional mass gathering rent, if
(e) The Club and the County shall agree upon a method of verifying the
5.1 The Club shall be billed each month on a monthly average basis
against the following caps: Twenty-Four Thousand Dollars ($24,000) in the aggregate per
annum during the period 2007-2010 and Twenty-Eight Thousand Dollars ($28,000) per
annum during the period 2011-2016 for its utility costs. The utility costs are defined as
water, sewage, and heating. By February 15th of each year, the parties will reconcile the
actual bills for the utilities and issue the necessary payments to each other within fifteen (15)
G-1068-G 3
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8454400369 D WALDEN LS
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68/17/20?7 14:48
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Description of ... . ,- .
PARCEL 'IO BE wsm
rnai 'lliE CI'IY SQn:lL DIST.RIC'!'
- -
' OF nIE CITY OF l:!E'Aa:w
ro fflE
ro:r<::HESS CO'.JmY .EN'lml'AIN!el'l' CDli!P.
All that certain lot, piece or P=CeI of land situate in the ~ of Fishkill,
County of D..ltchess and state of ~w York being =re iSrtioularly b:xlnded and
described at, followi,:
BEGINNING at a point oo the southerly line of lblte 9-D (also known as tbJ:th bd)
at the intersection foz:med by the weste:dy. line of lands of the City SChool Pistrict
of the City of eaaoon and the southerly 11.ne of !b-tte 9-D; t:henc::e northeast~ly
a l ~ the southerly line of PDUte 9-D (also known M North l'l;ed) as follows:·
thence in a generally southerly direction throu9h lands of the City School District
of the City of Beacon a11 follows: ·
S 19°02'40" E 75.00 feet
N 70°57'20" E 297.27 feet
S 81°43'30' 1 E 163.07 feet
S 35°43' JO" E 150.00 feet to a p::,int of curvature
on a curve to the right having a radius of 116.025
feet and a central angle of 27°00'00" for 54.68
feet to a p;:,int of tangency;
s 8°43'30" E 131.ll feet to a p:>int of cw:vature
on a curve to the right having a radius of 175.00
feet and a central angle of so•oo'OO" for 152. 72
feet to a paint of tangency;
$ 41 °16'30" W 70.89 feet t;Q a paint of curva~ure;
on a curve to the left having a radius of 4S.339
feet and a central angle of 37°00'00" for 29.28
feet to a point of reverse curve;
on a curve to the right having a radial J::,e;:,ring
of N 85°43 '30'1 w, a risdius of 725.00 and a
central angle of 7•jo•oo 11 for 94.90 feet to a
p::,int of reverse curve;
on a cuxva to the left having a :nuilal bearing
of s 58°54'24" E, a =dil.UI of 400.00 feet..nd a
Clllmtral angle of .20°46'59". f= 145.09 feet to a
p::,int of curvature;
08/17/20~7 ld:48 8454400359 D WALDEN LS
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File 1926
Februaey 21, 1994
.P3nnis E. Walden
Land SUzvayor
P. 0. Box 809
Vacant: Abstentions:
AUTHORIZING LEASE BETWEEN THE COUNTY OF DUTCHESS AND THE BEACON CITY SCHOOL
DISTRICT FOR REAL PROPERTY UPON WHICH DUTCHESS STADIUM WAS CONSTRUCTED
Legislator Nash said the County would lose money as a result of this resolution.
NAYS 1 Nash
Resolution adopted.
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