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RESOLUTION SUBMISSION MEETING OF: AUGUST 16, 2011 RESOLUTION NO.

2011-688-A1 Jane Bonner

MOVED BY COUNCILMEMBER: REVISION: SHORT TITLE:

AMENDING RESOLUTION No. 2011-688 DATED AUGUST 2, 2011 TO SET A PUBLIC HEARING ON THE AWARD OF LICENSE AGREEMENT FOR RFP #10-23 CEDAR BEACH CONCESSION, IN MOUNT SINAI, NEW YORK TO BRS CONCESSION, INC. Purchasing Authorization to Amend Resolution No. 2011-688 to set public hearing.

DEPARTMENT: REASON:

PUBLIC HEARING REQUIRED: No DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: To be determined (Minimum $30,000.00 or 5% of gross revenue, whichever is higher) SEQRA REQUIRED: No DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED: EXECUTION OF DOCUMENT REQUIRED: JF:gg
Present Absent Councilmember Fiore-Rosenfeld Councilmember Bonner Councilmember Walsh Councilmember Kepert Councilmember Mazzei Councilmember Panico Supervisor Lesko Motion Aye No Abstain Not Voting

RESOLUTION NO. 2011-688-A1 MEETING OF: August 16, 2011

ADOPTED
BY THE BROOKHAVEN TOWN BOARD

AMENDING RESOLUTION No. 2011-688 DATED AUGUST 2, 2011 TO SET A PUBLIC HEARING ON THE AWARD OF LICENSE AGREEMENT FOR RFP #10-23 CEDAR BEACH CONCESSION, IN MOUNT SINAI, NEW YORK TO BRS CONCESSION, INC.

WHEREAS, the Town Board, by Resolution No. 2011-688, dated August 2, 2011 authorized an award of contract for RFP #10-23 Cedar Beach Concession in Mt. Sinai, New York to BRS Concession Inc., 150 Hicksville Road, Bethpage, NY 11714, to maintain and operate the Cedar Beach Concession, Mount Sinai for a term of twenty (20) years with an option to renew at the sole discretion of the Town for an additional ten (10) year term; and WHEREAS, in accordance with the provisions of Section 64 of the Town Law, a public hearing is necessary for the agreement to be granted by the Town Board; and WHEREAS, it is in the best interests of the residents of the Town of Brookhaven for the Town Board to authorize an agreement with BRS Concession, Inc. for the use of Town property, the concession at Cedar Beach, Mt. Sinai, for a period of twenty (20) years at a yearly fee of Thirty Thousand $30,000.00 Dollars or 5% of gross revenue, whichever is higher, and with the availability of one ten (10) year renewal term at the Town Boards sole option and that BRS Concession Inc., will be responsible to use, operate, improve and maintain the Town property, in accordance with applicable legal requirements. NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Brookhaven as follows: That in accordance with the provisions of Section 64 of the Town Law, a public hearing will be held by the Town Board of the Town of Brookhaven at One Independence Hill, Farmingville, New York, on September 20, 2011, at 6:30 P.M. to consider granting a License Agreement to BRS Concessions Inc. for the use of Town property, the concession at Cedar Beach, Mt. Sinai, for a period of twenty (20) years at a

yearly fee of Thirty Thousand $30,000.00 Dollars or 5% of gross revenue, whichever is higher, and with the availability of one ten (10) year renewal term at the Town Boards sole option and that BRS Concession Inc., will be responsible to use, operate, improve and maintain the Town property, in accordance with applicable legal requirements; and be it further RESOLVED that the Town Clerk of the Town of Brookhaven is hereby authorized and directed to publish the notice of the time and place of such hearing at least ten (10) days in advance of such time in the Village Beacon Record newspaper, which has general circulation in said Town; and be it further RESOLVED any Agreement between the Town of Brookhaven and BRS Concession, Inc. shall be subject to the approval of the Town Attorney; and be it further RESOLVED that all of the remaining terms and conditions set forth in Resolution No. 2011-688 shall remain in full force and effect; and be it further RESOLVED that this resolution shall take effect immediately.

PUBLIC NOTICE

NOTICE IS HEREBY GIVEN that pursuant to Section 64 of Town Law, a public hearing will be held by the Town Board of the Town of Brookhaven at One Independence Hill, Farmingville, New York, on September 20, 2011, at 6:30 P.M. to approve the granting of a License Agreement to BRS Concession, Inc., for the use of Town property, the concession at Cedar Beach, Mt. Sinai, for a period of twenty (20) years at a yearly fee of Thirty Thousand $30,000.00 Dollars or 5% of gross revenue, whichever is higher, and with the availability of one ten (10) year renewal term at the Town Boards sole option and that BRS Concession Inc., will be responsible to use, operate, improve and maintain the Town property, in accordance with applicable legal requirements. At such public hearing, any persons interested shall be given the opportunity to be heard. Dated: August 16, 2011 Farmingville, New York

PATRICIA A. EDDINGTON, TOWN CLERK TOWN OF BROOKHAVEN