City Council Committees

SCHENECTADY CITY COUNCIL COMMITTEE AGENDA for Tuesday, February 18, 2025 5:30 p.m. Room 110 The Council President reserves the right to add or delete any agenda item prior to Committee Meeting. Government Operations 1 Schenectady United Neighborhoods (SUN) Appointment to CPRB Gary McCarthy 2 Review – Amending Chapter 28 of the Schenectady City Code to Update Outdated Language Marion Porterfield Public Safety 1 Discussion – Review of Noise Permit Applications John Mootooveren City Development & Planning 1 Reminder – St. Clare’s Redevelopment Rezoning (PH will be on 02-24-25) Alexandria Carver 2 CR – Recognizing Reverend Bradley Jones Doreen Ditoro 3 CR – Recognizing Women’s History Month Carmel Patrick 4 CR – Welcoming the NY Phoenix Basketball Team to Schenectady Carl Williams 5 Lease Agreement – 13 North Broadway Maxine Barasch 6 Sale of 824 Broadway Maurice Brown, III 7 Sale of 818 Albany Street Maurice Brown, III 8 Sale of 209 Elmer Ave Maurice Brown, III 9 Sale of a Vacant Lot at 1134 Albany Street Maurice Brown, III 10 Sale of a Vacant Lot at 14 Backus Street Maurice Brown, III Claims 1 20 Hawk Street – Back Taxes Maxine Barasch 1 2 3 4  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: February 18, 2025 TO: City Council Members FROM: Council President Marion Porterfield SUBJECT: Discussion – Amendments to Chapter 28 City Code Background Information: The language in Chapter 28 of the Schenectady City Code, which governs the City Council, has not been updated for many years. For example: incorporating universal pronouns, smoking in chambers, etc. Evaluation/Analysis: Recommendation: Review and amend City Code Chapter 28 to remove any obsolete language. WILL BE PREPARED BY_____LAW DEPARTMENT_________ 5  CITY COUNCIL SCHENECTADY, NEW YORK ORDINANCE NO. Councilmember offered the following: The Schenectady City Council, in regular meeting, does ordains as follows: An Ordinance to Amend Certain Sections of Chapter 28 of the Schenectady City Code to Revise Certain Language. Section 1. Purpose: It is necessary to update the language in certain portions of the Chapter 28 . T Section 2. Section 28-14 Rules governing debate AF When a member is about to speak, [he] the member shall rise from [his] their seat and address the chair, and when two or more members rise at once, the member to speak shall be named by the presiding officer. The speaker shall speak [confine himself] to the question under debate and avoid personalities. No member shall speak upon R the subject under discussion more than twice nor more than five minutes each time, except by unanimous consent. If any member, in speaking or otherwise, transgresses the rules, the presiding officer shall, or any member may, call the member [him] to order, in which case [he] the member shall immediately sit down and shall not rise D unless to explain or proceed in order. The question shall be decided by the presiding officer without debate. Section 28-15.1 Rules governing speaking by members. [Added 2-6-1989 by Ord. No. 89-06A] When a member is about to speak, [he] the member shall rise from [his] their seat and address the chair, and when two or more members rise at once, the member to speak shall be named by the presiding officer. No member shall speak more than twice nor more than five minutes each time, except by unanimous consent. If any member transgresses these rules, the presiding officer shall, or any member may, call him to order, in which case he shall immediately sit down Section 28-22 Procedure for adoption of legislation. A. Except as otherwise provided by local law, no ordinance shall be voted upon earlier than the 12th day after its introduction except by unanimous consent of all the members of the Council present, being not less than 2/3 of all members thereof. The passage of an ordinance requires the affirmative vote of at least a majority of all the members of the Council. The same number of votes shall be required to adopt an amending ordinance as was 6 necessary for adoption of the ordinance it purports to amend. B. All ordinances and local laws shall be presented either in printed or typewritten form, and a copy of all proposed ordinances and local laws shall be delivered under the direction of the Clerk to each member of the Council at least seven days before the same shall be put upon their passage, except when unanimous consent is granted for immediate adoption of an ordinance. C. One copy of every proposed ordinance shall be prepared and delivered to the City Clerk no later than 12:00 noon on the Thursday preceding the Council meeting at which the ordinance is to be introduced. The City Clerk shall provide a copy for each member of City Council and the Mayor. No City officer shall be required to prepare or approve a proposed ordinance within 24 hours of the meeting at which it is to be presented, and no ordinance shall be introduced until approved as to form by the Corporation Counsel or one of [his assistants] the Assistant Corporation Counsels. [Amended 10-13-1981 by Ord. No. 81-110] Section 28-33 Approval of ordinances by Corporation Counsel. No ordinance granting any right, franchise or property shall be introduced until approved by the Corporation Counsel or one of [his] the assistants as to its form and legality. The Corporation Counsel shall report the same within 10 days after its referral. [reference to him] Section 3. This Ordinance shall take effect immediately. Approved as to Form __day of February 2025 T _______________ Maxine Barasch, Esq Corporation Counsel AF R D 7  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Public Safety DATE: February 18, 2025 TO: COUNCILMEMBERS FROM: John Mootooveren SUBJECT: Discussion – Review of Noise Permit Applications Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____________________ 8  SOUND PERMIT APPLICATION INSTRUCTIONS 1. This is an application, NOT a sound device permit. 2. All answers must be either typewritten or printed in ink. 3. File application with the Schenectady Police Department five days before the day of the event. 1. Personal Information Name: (Last) _____________________ (First) ___________________ (MI) _______ Applicant Mailing Address: _______________________________________________________ Applicant Phone No.: ________________ E-Mail: ___________________________________ Resident [__] Non-Resident [__] Applicant is a professional fundraiser (As defined in New York State Executive Law § 171-a): Yes ___ No ___ Proof Identity: Applicant must provide proof of identity at the time of application with either a valid NYS Driver License or other official Photo ID. A photocopy of such proof will become part of the application, and the application will not be deemed complete without it. 2. Responsible Party/ On Site Contact: Applicants must provide the name and phone number of a responsible party who will be available to City officials at the time of the event. The Responsible Party/ Primary Point of Contact must always be at the premises for the designated times of the permit. Name: ______________________________ ___ Phone No.: _________________________ 9  3. Event Details Name of Event: ________________________________________________________________ Location of Event: (street address) _________________________________________________ Event Start Date: _____/ _____/______ ______ (am/pm) Event End Date: _____/ _____/ ______ ______ (am/pm) A. Detailed Event Narrative: Please provide a detailed written narrative describing its purpose and any proposed details (i.e. description of fundraisers, associated brands, the occasion of the event, etc.) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ B. Music: All City of Schenectady Code provisions regarding noise and music must be adhered to as a condition of any noise permit issued as a result of this application. The issuance of a sound permit does not allow for deviation from the City’s regulations for noise. Select all options applicable to your event and provide a brief written description. Yes, music will be provided in the following manner(s): ____ Indoor ______ Outdoor ____ Live Band ______ DJ ______ Other _______ Time, duration, and location(s) of music: ____________________________________________ 10 No, there will be no Loudspeakers or PA system: _____ C. Outdoor Loudspeakers or PA system: Yes: Location and Purpose: _______________________________________________________ No, there will be no Loudspeakers or PA system: ______ 4. Applicant Acknowledgement I _________________________________ HAVE ANSWERED THE FOREGOING QUESTIONS TO THE BEST OF MY KNOWLEDGE AND BELIEVE AND SWEAR THAT THE ANSWERS CONTAINED IN THIS APPLICATION ARE TRUE AND ACCURATE. I HAVE RECEIVED AND READ A COPY OF THE CITY OF SCHENECTADY NOISE ORDINANCE, CHAPTER 182 OF THE SCHENECTADY CITY CODE AND AGREE TO COMPLY WITH ALL THE REQUIREMENTS. I ACKNOWLEDGE THE SOUND REPRODUCTION RULES OF SECTION 182-4 (J) APPLY REGARDLESS OF A SOUND PERMIT. ANY VIOLATIONS OF THE SCHENECTADY NOISE ORDINANCE WILL BE PROSECTUTED. I HEREBY CONSENT TO THE INSPECTION OF THE PREMISES BY A POLICE OFFICER OR OTHER ENFORCEMENT OFFICER, UPON REQUEST, FOR THE PURPOSE OF ENSURING THAT THE TERMS AND CONDITIONS OF THE PERMIT ARE MET. I AGREE THE RESPONSIBLE PARTY / PRIMARY POINT OF CONTACT SHALL BE AT THE PREMISES AT ALL TIMES STATED FOR THE EVENT. A FALSE STATEMENT MADE HEREIN IS PUNISHABLE AS A CLASS “A” MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW OF THE STATE OF NEW YORK. ___________________________________ ________________________ Signature of Applicant Date Signed 11 CITY OF SCHENECTADY PERMIT NO DATE: LOCATION OF EVENT: RESPONSIBLE PARTY/ON SITE CONTACT: PERMIT ADDRESS: TELEPHONE NUMBER: SOUND PERMIT APPROVED BY: _________________________ Chief of Police or Designee Schenectady Police Department 531 Liberty Street Schenectady, NY 12305 518-382-5200 THIS PERMIT MUST BE VISIBLY POSTED ON PERMIT SITE OR READILY AVAILABLE BY RESPONSIBLE PARTY 12  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: February 12, 2025 TO: COUNCILMEMBERS FROM: Doreen Ditoro SUBJECT: Ceremonial Resolution for The Rev. N. Bradley Jones Information: The Rev. Jones is retiring after 26 years at Christ Church Evaluation/Analysis: Throughout his years of dedicated service to our community. Rev. Jones has been a guiding light, showing the true spirit of compassion and leadership. As he embarks on his new chapter, we can extend our heartfelt gratitude for his tireless efforts and lasting legacy in our City. Recommendation: The CR will be presented in April at his retirement Service and reception LEGISLATION WILL BE PREPARED BY Doreen M. Ditoro 13  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: February 13, 2025 TO: COUNCILMEMBERS FROM: Carmel Patrick SUBJECT: CR Recognizing Women’s History Month Background Information: Women’s History Month is celebrated annually in March, to celebrate the contributions that women have given to society throughout the years. The National Women’s History Alliance’s theme for 2025 celebrates “Moving Forward Together! Women Educating & Inspiring Generations.” Evaluation/Analysis: Throughout time, from classrooms to boardrooms, and from grassroots movements to global initiatives, women educators and leaders have played a pivotal role in nurturing minds and inspiring transformative action. The 2025 Women’s History Month theme spotlights the contributions women have made to the American educational system, the free marketplace of ideas, and the very fabric of our democracy. Recommendation: That the Schenectady City Council celebrate the contributions of women by recognizing March 2025 as Women’s History Month in the City of Schenectady. LEGISLATION WILL BE PREPARED BY: 14  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: February 18, 2025 TO: COUNCILMEMBERS FROM: Councilman Carl Williams SUBJECT: Resolution welcoming the New York Phoenix basketball team to Schenectady Background Information: On November 19, 2024 at Armory Studios, a new professional basketball team, the New York Phoenix, was announced. The team owner and head coach were joined by state, local and league officials, in an event organized by Discover Schenectady. The New York Phoenix will play its home games at Armory Studios as a member of The Basketball League (TBL). Evaluation/Analysis: TBL President Dave Magley stated there will be other impacts in having a professional basketball team playing in downtown Schenectady. He stated “If we do this well, we’re going to be more than just family-fun, affordable entertainment. We’re going to be an asset to the community,. “We’re going to be something that you are proud to have, because our guys are young men, out in the community impacting lives. For us to succeed, we have to be visible. For us to be visible, we have to use our [platform] to impact lives.” Recommendation: That the City Council passes a resolution welcoming The New York Phoenix basketball team to Schenectady. LEGISLATION WILL BE PREPARED BY: 15  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: City Planning & Dev. DATE: February 13, 2025 TO: City Council FROM: Maxine L. Barasch, Esq., Corporation Counsel SUBJECT: Lease to 13 North Broadway Background Information: Chengdu Impression, Inc. rents 13 North Broadway as a restaurant. They would like to expand their space for serving food and beverages to have a patio where the City portion of parking lot is located on North Broadway and Liberty Street. Evaluation/Analysis: Attached is a proposed lease agreement. Recommendation: The Council may consider the request. LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________ 16 17 18  LEASE AGREEMENT THIS LEASE AGREEMENT (this "Agreement" or this "Lease") dated as of ___ day of ___________________, 2025 (the "Effective Date") by and among CITY OF SCHENECTADY, a public benefit corporation organized and existing under the laws of the State of New York, and having an address of 105 Jay Street, Schenectady, New York 12305 ("City"), and CHENGDU IMPRESSION INC., a corporation organized and existing under the laws of the State of New York and having an address at 13 North Broadway, Schenectady, NY 12305 ("Lessee"). Individually, the City and Lessee may be referred to herein as a "party" and, collectively, as the "parties." WITNESSETH WHEREAS, the City is the owner of SBL 39.64-3-27.111, the portion of the parking lot located at 27 Broadway, in the City of Schenectady, County of Schenectady, State of New York (the "Parking Lot"), as more particularly described on Exhibit A, attached hereto and made a part hereof; and WHEREAS, Lessee owns and operates Chengdu Impression, a restaurant located at 13 North Broadway, which directly abuts a portion of the Parking Lot (the “Restaurant”); and WHEREAS, the Lessee desires to use a portion of the Parking Lot, comprising approximately 25' x 25' including 2 parking spaces and some green space as depicted on the attached Exhibit B (the "Premises"), as a supplemental, contiguous service area for service of food and beverages at the Restaurant, and the City desires to allow the Lessee to use the Premises for such purposes; and WHEREAS, the parties desire to enter into this Agreement to set forth the terms and conditions under which the City shall permit Lessee to utilize the Premises for the purposes set forth herein above. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES AND THE MUTUAL COVENANTS HEREINAFTER CONTAINED, THE PARTIES HERETO HEREBY FORMALLY COVENANT, AGREE AND BIND THEMSELVES AS FOLLOWS: SECTION 1. RECITALS. The recitals set forth above are incorporated in and made a part of this Agreement. SECTION 2. LEASE. a. The City hereby grants to Lessee a lease for the Premises for the sole and exclusive purpose of using the Premises as an outdoor extension of the Restaurant's service area by Lessee and its agents, contractors, subcontractors, employees, patrons, invitees, as more particularly shown on, and limited to the areas and activities shown on the Site Plan, attached hereto as Exhibit B. Lessee shall be required to also install a fence or similar barricade of sufficient character to protect patrons from vehicle traffic within the Parking Lot (collectively, the "Alterations"). The exact specifications of the Alterations will determined at the time building permits submitted by Lessee are approved by the City. All Alterations shall be at Lessee's sole cost and expense, and at the expiration, revocation or termination of this Lease, shall be removed by Lessee at City's sole option, and the Premises restored to its condition immediately preceding19 the Alterations. No Alterations other than those shown on the Site Plan shall be permitted without the City's prior written consent, which shall be in the City's sole discretion. Nothing herein shall be deemed to grant Lessee any special right to stand, block or otherwise park on any portion of the Parking Lot, or grant any right to use any other portion of the Parking Lot other than the Premises, and as set forth in this Section 2. Nothing contained herein shall be deemed to limit the City's access to or use of the remainder of the Parking Lot for its own purposes, in its sole discretion. This Lease is not coupled with an interest and is not intended to convey any ownership or other interest in the Premises or the Parking Lot.' b. Lessee shall pay to the City a rental fee for this Lease in the amount of $500 per month (the "Rent"). The Rent shall be due on the first day of each and every month during the Term payable to City of Schenectady at 105 Jay Street, Schenectady, New York 12305. The Rent shall be payable to the City in cash, certified check or bank check. Payment of the Rent by Lessee to the City shall be an express condition precedent to the City's obligations hereunder. The parties represent that the Rent to be paid is not less than fair market value. If the cost to rent three parking spaces changes, then the rent shall change concurrently. c. Lessee shall, with its execution of this Lease, deposit with the City as security for the faithful performance and observance by Lessee of the terms, provisions, covenants, and conditions of this Lease, and any modification, extension, or renewal thereof; a refundable security deposit in the sum of One Thousand Dollars ($1,000.00) (such security deposit shall hereafter be called the "Security"), which Security shall be paid in cash, certified check or bank check. The City may, at its sole option and without providing any prior notice or opportunity to cure, retain, use, or apply the whole or any part of the Security to the extent required for payment of any: (i) Sums as to which Lessee is obligated to pay under this Lease; (ii) Sums that the City may expend or may be required to expend by reason of Lessee's default of this Lease, including, without limitation, Lessee's failure to clean up and restore the Premises at expiration, revocation or termination of the Term; (iii) Loss or damage that the City may suffer by reason of Lessee's default, including, without limitation, any damages incurred by the City, whether such damages accrue before or after the City regains exclusive possession of the Premises; or (iv) Costs incurred by the City in connection with the cleaning or repair of the Premises or removal of any items placed upon the Premises, upon expiration, revocation or earlier termination of this Lease. The Security will not be a limitation on the City's damages or other rights and remedies available under this Lease, or at law or equity; nor shall the Security be a payment of liquidated damages. If Lessee shall fully and faithfully comply with all the terms, provisions, covenants, and conditions of this Lease, and any modification, extension, or renewal thereof; any part of the Security not used, applied, or retained by the City, shall be returned, without interest, to Lessee within ten (10) days after Lessee has discharged all of its obligations under this Lease, and any modification, extension, or renewal thereof ("Lessee's Performance"), but no earlier than the expiration of the Term (or the sooner termination of this Lease). In the event the City finds, in its sole discretion, that Lessee has not complied with the provisions requiring restoration and cleanup as required herein, the City shall so direct Lessee as to what actions are required to achieve Lessee's Performance; and the City may, at its option, direct Lessee to so complete such restoration and cleanup, or the City may retain all or a portion of the Security (as set forth above) to cover the costs of restoring and cleaning up of the Premises in accordance with the provisions herein. In the event that the City determines, in its sole 20 discretion, that Lessee's Performance has been achieved, the Security (as same may be utilized and reduced as set forth above) shall be returned to Lessee within ten (10) days after completion of Lessee's Performance. d. Lessee expressly waives all rights to redeem under any law of the State of New York. SECTION 3. TERM and SURVIVAL. This Agreement shall take effect at 12:01am March 1, 2025 ("Commencement Time") and expire at 11:59pm on November 1, 2027, (the "Term"). If the City transfers title to the Parking Lot, this Lease shall automatically terminate as of the date of transfer. If the Lessee ceases business operations at the Premises, this Lease shall automatically terminate as of the date of cessation. Sections 2 and 4 shall survive termination of this Agreement. SECTION 4. LESSEE OBLIGATIONS. (a) Without limitation, Lessee shall be responsible, on demand, for reimbursement to The City for the following, all of which shall be deemed "Additional Rent": (i) Sums that the City may expend or may be required to expend by reason of Lessee's default of this Lease, including, without limitation, Lessee's failure to maintain the Premises as required herein; (ii) Loss or damage that the City may suffer by reason of Lessee's default of its obligations hereunder, including, without limitation, any damages 'incurred by the City, whether such damages accrue before or after the City regains exclusive possession, and costs to enjoin Lessee's use of the Premises, or other reentry by the City; or (iii) Costs incurred by the City in connection with the cleaning or repair of the Premises due to any act or omission of Lessee or any other party using the Premises under the authority granted to Lessee hereunder, or removal of any items placed upon the Premises by Lessee or anyone using the Lease Area under the authority granted to Lessee hereunder. (b) Lessee shall be solely responsible, at Lessee's sole cost and expense, for securing and maintaining the Premises in a neat and orderly manner and ensuring that the Premises is locked and secured by fencing, as well as keeping the Premises neat, clean, and sightly. Lessee shall also ensure that no garbage or debris from the Premises is placed, or allowed to traverse over, to or on the remainder of the Parking Lot. The City shall have no obligation, whatsoever to maintain the Premises for Lessee's or Lessee's Parties' use, nor any liability for any injury to person or property in connection with Lessee's and Lessee's Parties' use thereof. (c) In recognition of the need to not disturb the quiet and peaceful enjoyment of the surrounding buildings, Lessee covenants and agrees that it shall not permit any noise or vibration to emanate from the Premises in excess of municipal ordinances or 45 decibels in any octave band between 63 and 500 hertz or 45 dgb overall, whichever is more restrictive (the "Noise Limit"). (d) Lessee shall be solely responsible for winterizing the Premises and protecting. the Premises from the elements during the winter season so that no damage is caused to the Premises. 21  (e) Lessee shall maintain all insurances required by Section 7 hereof and provide evidence to same as therein provided. SECTION 5. INTENTIONALLY OMITTED SECTION 6. NO DAMAGE. At all times during the Term, Lessee shall take all necessary precautions, and require any of Lessee's contractors, subcontractors, lessees, agents, employees, patrons and other invitees on the. Property (collectively, "Lessee's Parties"), to take such precautions, to ensure that there is no damage done to the Premises or any other property (real or personal) owned or controlled by the City or any property located on or proximate to the Premises. SECTION 7. INSURANCE AND INDEMNIFICATION. A. General Liability, Auto Liability & Umbrella Liability Insurance. Lessee shall maintain throughout the Term a policy(ies) of general and contractual liability insurance, Auto Liability and Umbrella Liability, in the amount of at least One Million Dollars ($1,000,000) to cover its use of the Premises, and its responsibilities under this Agreement, and shall name the City as an additional insured and loss payee on said policy(ies). The policy(ies) shall be on Insurance Services Office, Inc., Form CG 00 01 04 13 or an equivalent occurrence basis commercial policy form that is satisfactory to the City. The policy(ies) shall: (i) insure performance by Lessee of all indemnity provisions of this Agreement; (ii) shall cover contractual liability; (iii) shall be primary, not contributing with (including a waiver of subrogation), and not in excess of coverage which The City may carry; (iv) shall state that The City is entitled to recovery for negligence of Lessee even though The City is named as an additional insured; (v) shall provide for severability of interest; and (vi) shall provide that an act or omission of one of the insured or additional insureds shall not void or reduce coverages as to the other insured or additional insureds. If Lessee is to serve alcohol, Lessee's general and contractual liability insurance policy shall be specifically written for establishments serving alcoholic beverages and specifically covering all common law and statutory liability related to the provision of alcohol. In the event Lessee does not carry an insurance policy specifically written for such establishments, Lessee shall maintain throughout the Term, a separate policy of liability insurance in the amount of at least One Million Dollars ($1,000,000) to cover any and all liability related to the provision of alcohol a/k/a Dram Shop Insurance. Proof of insurance required in this Section 7 shall be provided to The City and approved no less than seven (7) days prior to the commencement of the Term, within ten (10) days of each policy expiration, within 30 days of Material Change or Cancellation (10 days from nonpayment of premium) and immediately upon request by the City. B. Use of Premises. Lessee shall, at its sole cost and expense, comply with any and all requirements of any insurance company necessary for the maintenance of the insurance coverage required by this Agreement, including barricades for the area to protect the patrons from any sort of vehicle traffic. C. Contractor/Subcontractor's Insurance. Lessee shall require all contractors and subcontractors, and others working at the Premises, to carry insurance policies in the same amounts, coverage and terms as those required to be carried by Lessee under this Section 7 to cover such contractors' and subcontractors' activities on the Premises. All such policies carried by contractors and subcontractors shall have The City named as an additional insured and loss payee on the insurance policies. 22  D. Insurance Default. Lessee's failure to obtain and maintain, or cause to be obtained and maintained, the insurance required by this Agreement shall constitute a material default under this Agreement. E. Indemnification. Lessee, as a material part of the consideration to be rendered to the City, shall, and hereby does, indemnify, defend and hold the City harmless against and from: (i) any and all claims arising or resulting from (a) Lessee's, or Lessee's Parties', conduct of operations in, on or about the Premises, (b) any and all work or thing whatsoever done, or any condition created in or about the Premises by Lessee, or Lessee's Parties, during the term of this Agreement, (c) any act or omission of Lessee or Lessee's Parties, or (d) any accident, incident, injury, damage, howsoever and by whomsoever caused, to any person or property occurring in or about the Premises in any way whatsoever, except to the extent such accident, incident, injury, or damage is caused by the willful or gross negligent acts or omissions of the City; and (ii) any and all costs, expenses and liabilities incurred, including reasonable attorneys' fees, in or in conjunction with any such claim or action or proceeding brought thereon or in any way connected with Lessee's use of the Premises, except for such claims, costs, expenses and liabilities that arise solely due to the gross negligence of the City. The indemnification in this Section 7(E) shall include any and all liability that may arise, under common law, federal law or New York State law, including without limitation New York General Obligations Law Sections 11-100, 11-101, related to the sale of or provision of alcoholic beverages. In case any action or proceeding is brought against the City by reason of any such claim set forth in this Section 7(E), Lessee shall resist and defend such action or proceeding by competent counsel chosen by the City. This provision shall survive the expiration, revocation, or termination of this contract. F. Waiver of Claims. Lessee, as a material part of the consideration to be rendered to The City, hereby waives any and all claims Lessee has or may have against the City for damages to goods, wares, merchandise, equipment, or other personal property upon or about the Premises and for injury to Lessee, its agents, employees, contractors, subcontractors, lessees, invitees or third persons in or about the Premises from any cause arising at any time, including breach of the provisions of this Agreement and the negligence of the parties hereto. In addition, Lessee acknowledges that the Premises is being provided in its AS IS/ WHERE IS condition with all faults and no representations or warranties whatsoever, implied or express, including but not limited to fitness for a particular purpose. Lessee expressly waives any and all claims related to the condition of the Premises, without limitation. This provision shall survive the expiration, revocation or termination of this contract. G. THE CITY DOES NOT IN ANY WAY REPRESENT THAT THE INSURANCE SPECIFIED HEREIN, WHETHER IN SCOPE OF COVERAGE OR LIMITS OF COVERAGE, IS ADEQUATE OR SUFFICIENT TO PROTECT LESSEE'S BUSINESS OR INTERESTS. SECTION 8. COMPLIANCE. Lessee's use of the Premises as provided for herein shall be at all times, in full compliance with all laws, regulations, rules or requirements of law or regulation of the United States, the State of New York and the municipalities in which the Premises are found, including, without limitation, Environmental Laws, as such term is defined herein below. LESSEE SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY NECESSARY PERMITS OR APPROVALS FOR ITS USE OF THE PREMISES AND THE EVENT, INCLUDING BUT NOT LIMITED TO ANY PERMITS AND LEASES REQUIRED TO SERVE ALCOHOLIC BEVERAGES. Lessee shall defend, 23 indemnify and hold the City, and any of its members directors, officers, and employees and their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, reasonable legal, consulting, engineering and other expenses, which may arise out of any action, suit, claim or proceeding seeking money damages, injunctive relief, remedial action or other remedy by reason of a violation or non-compliance, caused entirely by Lessee, its agents, employees, contractors, subcontractors, lessees or invitees, with any such laws, regulations, rules or requirements of law, including, without limitation, any Environmental Law; or the disposal, discharge or release of solid wastes, petroleum substances, pollutants or Hazardous Substances, as defined herein below, caused or contributed to by Lessee, its agents, employees, contractors, subcontractors, lessees or invitees; or exposure to any such substances, to the extent they arise from an act or omission of Lessee, its agents, employees, contractors, subcontractors, lessees or invitees, during their use of the Premises. This provision shall survive the expiration, revocation or earlier termination of this Agreement. "Environmental Laws" means all applicable statutes, regulations, local laws and ordinances adopted pursuant thereto ("Statutes") relating to the protection of human health or the environment, including, but not limited to: Any and all laws, rules, regulations, ordinances, guidelines or statutes relating to the existence of any Environmental Condition, as defined herein below, including without limitation reporting, licensing, permitting, Hazardous Substances, as defined herein below, underground storage tanks, lead-based paint, investigation, removal or remediation of emissions, discharges, release or threat of release of any substance, gas, material or chemical into the environment, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of any substance, gas, material, 'waste or chemical, including but not limited to any substance, gas, material or chemical, which in each case is or may hereafter be defined as or included in the definition of "hazardous substances," "toxic substances," "hazardous materials," "hazardous wastes" or words of similar import under any Environmental Law, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C., § 9601 et. seq. ("CERCLA"); the Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 1801 et. seq.; the 'Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 9601 et. seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et. seq.; The Clean Air Act, 42 U.S.C. § 7404 et. seq.; the Hazardous Substances Transportation Act (49 U.S.C. § 1802 et seq.); the Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Safe Drinking Water Act (42 U.S.C. § 300f et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. § 11001 et seq.), the Radon and Indoor Air Quality Research Act (42 U.S.C. § 7401 note, et seq.), the Occupational Safety and Health Act (29 U.S.C. § 651 et seq.); any and all state or local laws including but not limited to the New York State Environmental Conservation Law, including Article 13 of Title 27; and the New York State Navigation Law, Article 12; and all applicable statutes, laws, rules, regulations, guidelines or ordinances pertaining to the protection of the health and safety of employees or the public. "Hazardous Materials" means any pollutants, contaminants, hazardous or toxic substances, materials or wastes (including petroleum, petroleum by-products, under-ground storage tanks, radon, asbestos and asbestos containing materials, polychlorinated biphenyls ("PCBs"), PCB-containing equipment, radioactive elements, infectious agents, and urea formaldehyde), and soil vapor intrusion, as such terms are used in any Environmental Laws (excluding unused solvents, cleaning fluids and other lawful substances used in the ordinary, current operation and maintenance of the Premises, to the extent stored in accordance with all applicable Environmental Laws). 24  "Environmental Condition" means any condition with respect to the Premises, or any portion thereof (including any conditions contained therein or derived therefrom, of any kind or nature including without limitation, structural, architectural, engineering, and environmental condition), soil, surface waters, groundwaters, land, stream sediments, surface or subsurface condition and ambient air, Hazardous Substance on or about the Premises, or any portion thereof, whether or not yet discovered, or violation of any Environmental Laws arising from or related to any activity conducted by any person or entity on the Premises, or any portion thereof. SECTION 9. ALTERATIONS. A. The City's Consent. Except as expressly stated in Section 2 above, Lessee shall not make any alterations to the Premises without first obtaining prior written permission from the City. B. Alterations. Any alterations of the Premises shall, upon expiration, revocation, or termination of this Agreement, become a part of the realty and belong to the City at its option. Any alterations shall, at the City's sole option and discretion, be removed by Lessee and the Premises restored to substantially the same condition as of the Commencement Date, reasonable wear and use-excepted. SECTION 10. LIENS. Lessee shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Lessee. In the event a mechanic's lien or other lien is filed against the Premises as a result of a claim arising through Lessee, the City may demand that Lessee deposit with the county clerk's office where the lien is filed, or the appropriate court if a foreclosure action is begun, an amount equal to at least one hundred percent (100%) of the amount of the contested lien claim or demand, plus the applicable interest on such sum up to the date of the deposit, indemnifying the City against liability which may arise therefrom and holding the Premises free from the effect of such lien or claim. Such deposit must be made within ten (10) days following notice from the City. In addition, the City may require Lessee to pay the City's attorneys' fees and costs in participating in any action to foreclose such lien if the City shall decide it is in its best interest to do so. The City may pay the claim prior to the enforcement thereof, in which event Lessee shall reimburse the City in full, including attorney's fees, for any such expense, upon demand. SECTION 11. OBLIGATIONS. A. Lessee's Obligations. Throughout the Term of this Agreement, in addition to Lessee's obligations as set forth elsewhere in this Agreement, Lessee shall be solely responsible for providing or arranging for security, crowd control, fire protection, and maintenance. Lessee shall return the Premises at the expiration of the Term in the same condition the Premises was delivered to Lessee as of the Commencement Time, in broom clean condition, properly removing and disposing of all debris, trash and other articles placed, intentionally or unintentionally on the Premises during the Term hereof. The Licensee shall secure all appropriate permits required for construction. Licensee covenants that construction and the final product will be compliant with, all federal, state and local laws, codes, rules, and regulations. B. The City's Obligations. The City has no obligation to do or act in any way whatsoever, to secure or maintain the Premises for Lessee's intended use thereof. SECTION 12. DEFAULT. 25  A. The City's Default. In the event of the City's default hereunder, Lessee shall be entitled, as its sole and exclusive remedy, to enforce specific performance of this Agreement. Lessee expressly waives its rights to seek any damages in the event of the City's default hereunder. B. Lessee's Default. If the Premises, or any part thereof shall be deserted or become vacant during said Term, or if any default be made in the payment of the said Rent, Additional Rent, or any part thereof, or if any default be made in the performance of any of the covenants herein contained, the City or representatives may lawfully reenter the said Premises via summary proceedings, by force or otherwise, and remove all persons therefrom and the Lessee hereby expressly waives the service of any notice in writing of intention to re-enter. Lessor has no obligation to relet or mitigate its damages. In the event of Lessee's default hereunder, The City shall also be entitled to terminate this Agreement upon ten (10) days' written notice, to retain or apply the Security as set forth in Section 2(c) hereof, and pursue any and all remedies available to it at law or in equity. Lessee shall be obligated to reimburse The City for all costs and expenses, including without limitation court costs and attorneys' fees, incurred in connection with enforcement of the terms and conditions of this Lease and its rights hereunder. All rights and remedies of The City hereunder shall be cumulative and shall survive the expiration or termination of this Agreement. SECTION 13. ASSIGNMENT. Lessee may not assign this Agreement without the prior written consent of The City. SECTION 14. NOTICES. All notices required or permitted hereunder shall be in writing and shall be served on the parties at the following address: If to City: City of Schenectady 105 Jay Street Schenectady, NY 12305 Attn: Corporation Counsel If to Lessee: Chengdu Impression, Inc. 13 North Broadway Schenectady, New York Attn: Wei Chen Any such notices may be sent by (a) personal delivery; (b) certified mail, return receipt requested, in which case notice shall be deemed delivered five (5) business days after deposit, postage prepaid in the U.S. mail, (c) a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with such courier, or (d) facsimile transmission, in which case notice shall be deemed delivered upon electronic verification that transmission to recipient was completed. The above addresses and facsimile numbers may be changed by written notice to the other party; provided that no notice of a change of address or facsimile number shall be effective until actual receipt of such notice. Copies of notices are for informational purposes only, and a failure to give or receive copies of 26 any notice shall not be deemed a failure to give notice. SECTION 15. ENTIRE AGREEMENT. This Agreement sets forth all of the covenants, promises, agreements, conditions, and understandings among The City and Lessee concerning the granting of a lease for the Premises and supersedes any and all prior agreements and understandings among The City and Lessee. There are no covenants, promises, agreements, conditions or understandings, either oral or written, between them with respect to the subject matter of this Agreement other than as set forth herein. This Agreement shall not be deemed to grant any interest in the Premises, except as expressly set forth herein. SECTION 16. BENEFIT/BURDEN. This Agreement shall be binding upon, and inure to the benefit of, the respective successors and permitted assigns of the parties. This Agreement shall not be assignable by Lessee but may be assigned or transferred by The City, in its discretion, (i) by notice to Lessee and (ii) in the course of any transfer or conveyance of the Premises. SECTION 17. REMEDIES CUMULATIVE. The rights and remedies given The City in this Agreement are cumulative, nonexclusive and in addition to any rights and remedies the parties may have by any statute, ordinance or otherwise. SECTION 18. SEVERABILITY. If any one or more of the covenants or agreements provided herein on the part of The City or Lessee to be performed shall, for any reason, be held or shall, in fact, be inoperative, unenforceable or contrary to law in any particular case, such circumstance shall not affect any other provisions of this Agreement. Further, if any one or more of the phrases, sentences, clauses, paragraphs or sections herein shall be contrary to law, then such phrase, sentence, clause paragraph or sentence shall be deemed separable from the remaining provisions hereof and shall in no way affect the validity of the other provisions of this Agreement. SECTION 19. AMENDMENTS, CHANGES AND MODIFICATIONS. This Agreement may not be amended, changed, modified, altered or terminated, except by an instrument in writing signed by the parties hereto. SECTION 20. EXECUTION OF COUNTERPARTS. This Agreement may be executed in several counterparts, including by facsimile, each of which shall be an original and all of which shall constitute but one and the same instrument. SECTION 21. CHOICE OF LAW. This Agreement shall be governed exclusively by the applicable laws of the State of New York, without giving effect to choice of laws or choice of laws rules or principles. SECTION 22. APPLICABLE LAWS. Licensee covenants and warrants that it will comply with all applicable laws, ordinances, code, rules, and regulations of the state, local, and federal governments and all amendments thereto. The Lessee shall operate in full compliance with New York State Sanitary Code, New York State liquor laws and other relevant federal, state and local laws, codes, rules, and regulations, and shall immediately take any corrective action as required by the Schenectady County Health Department or other government agency. City covenants and warrants that it will comply with all applicable laws, ordinances, code, rules, and regulations of the state, local, and federal governments and all amendments thereto. 27  IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed in their respective names by their duly authorized officers and to be dated as of the day and year first written above. CITY OF SCHENECTADY By: Gary R. McCarthy Its: Mayor CHENGDU IMPRESSION INC. ____________________________________ By: Wei Chen Its: Owner 28  Exhibit A Map of Parking Lot (Attached) 29  Exhibit B Map/ Site Plan of the Outdoor Premises 30  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 02/18/25 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 824 Broadway Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development 31  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 02/18/25 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 818 Albany Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development 32  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 02/18/25 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 209 Elmer Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development 33  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 02/18/25 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of Vacant lot, 1134 Albany Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development 34  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 02/18/25 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of Vacant lot, 14 Backus Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development 35  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Claims DATE: February 18, 2025 TO: COUNCILMEMBERS FROM: Maxine L. Barasch, Esq., Corporation Counsel SUBJECT: 20 Hawk Street – Back Taxes Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____________________ 36