 | RESOLUTION NO. 147 of 2015 DATED: July 28, 2015 |
RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN H-F-M BOCES AND FULTON AND MONTGOMERY COUNTIES TO FACILITATE A SOLAR PHOTOVOLTAIC SYSTEM POWER PURCHASE AGREEMENT PROJECT TO BENEFIT H-F-M BOCES
| Seconded by: | Purtell |
WHEREAS, H-F-M BOCES, a division of NYS government, leases property on the campus of Fulton-Montgomery Community College from owners Fulton County and Montgomery County; and
WHEREAS, said lease agreement is a special arrangement that was authorized via previous special legislation by the NYS Legislature in 2004, that involved the two Sponsor Counties of Fulton and Montgomery leasing said portion of the College property to the Montgomery County IDA; and
WHEREAS, within the aforementioned special arrangement, the Montgomery County IDA sublets the same parcel to H-F-M BOCES for its vocational-technical training facility and administrative offices; the term of said sub-lease being January 2, 2005 through January 11, 2034; and
WHEREAS, the Montgomery County IDA then assigned this sub-lease to the Montgomery County Capital Resource Corporation; and
WHEREAS, H-F-M BOCES wishes to undertake a “Solar Photovoltaic System Power Purchase Agreement” and associated ground lease with WGL Energy Systems (Aka Dynamic Energy) of Delaware to facilitate energy cost savings for its facility; and
WHEREAS, review by both the Fulton and Montgomery County Attorneys has determined that the solar array ground lease cannot extend beyond the existing leases that allow H-F-M BOCES to occupy College property jointly owned by the two Sponsor Counties; and
WHEREAS, H-F-M BOCES officials have requested to lease said parcel from the Counties for two (2) years beyond the end of the current leases in 2034 to facilitate said Photovoltaic System Power Purchase Agreement and associated 20-year ground lease with WGL Energy Systems, Inc. (aka Dynamic Energy); now, therefore be it
RESOLVED, That the County Executive be, and hereby is, authorized to sign a lease between H-F-M BOCES and Fulton County and Montgomery County to facilitate a “Solar Photovoltaic System Power Purchase Agreement” Project at H-F-M BOCES’ facility, for the term January 12, 2034 through January 11, 2036; and, be it further
RESOLVED, That annual rent payments by H-F-M BOCES to the two counties and equally shared during the 2-year lease shall be as follows:
Due January 12, 2034: $270,232.00
Due January 12, 2035: $270,232.00
and, be it further
RESOLVED, That said lease is subject to the approval of the County Attorney; and, be it further
RESOLVED, That said lease is subject to H-F-M BOCES obtaining all necessary approvals to move forward with the solar project; and, be it further
RESOLVED, That approval of this Resolution is contingent upon approval of a similar resolution by the Fulton County Board of Supervisors; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, FMCC, H-F-M BOCES, Fulton County Board of Supervisors, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
RESOLUTION VOTE, passed with Aye(7). Legislators Dimond and Duchessi were absent. (7/28/2015)
Statement of Legislative and Financial Impact:
I. Nature of Request:
Request by BOCES to enter into a 2 year lease with Montgomery and Fulton Counties.
II. Justification:
A 2 year lease is required so that BOCES can enter into a solar lease.
III. Legislative Impact:
This is authorized pursuant to Article 2 of the Charter.
IV. Financial Impact:
This will bring additional revenue to the counties during the terms of the lease.
| cc: | County Clerk County Treasurer |
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