Amendment 0003_00 90 02 PARKS Permit Attachement.pdf

ANDREW M. CUOMO ERIK KULLESEID

Governor Commissioner

PROJECT ACCESS PERMIT

Permittee

Permittee Name

Permittee Address

Region Saratoga/Capital District

Site Schodack Island State Park

Permittee Contact

Permittee Contact Person.

Telephone: Contact Phone Number.

Email: Contact Email

State Parks Contact Christopher More

Telephone: 518-584-2000 x202

Email:

Christopher.more@parks.ny.gov

Federal EIN Permittee Federal EIN

Fee $0.00.

Start Date 7/1/2023 End Date 8/1/2024

Permittee must provide current proof of compliant workers’ compensation and disability benefits insurance upon signing.

The grant of this Permit is a Type II action under 6 NYCRR §617.5(c)(18) and not subject to review under the State Environmental

Quality Review Act. However, permittee must provide the following documentation prior to issuance of this permit:

(1) written confirmation from State Parks’ Division for Historic Preservation that its activity will not impact historic resources, including archeological resources

(2) written confirmation from State Parks’ Division of Environmental Stewardship and Planning that its activity will not impact natural resources identified under the New York Natural Heritage Program or impact an area that has received by funding from under the federal Land and Water Conservation Fund

Required Attachments: ☐Premises map showing project work area and access routes and/or staging areas

Upon the following terms and conditions, the New York State Office of Parks, Recreation and Historic Preservation (“State Parks”) hereby grants Permittee permission to use and occupy the areas shown on the attached map (the “Premises”) for:

☒access to Permittee’s off-site project ☐staging of construction equipment for Permittee’s off-site project

This Permit does not allow Permittee to undertake any construction or other work on State Parks property, or convey to Permittee any interest in property. Permittee acknowledges that the Site is public non-residential space and that State Parks grants only a right to use “as is/where is” and without warranty.

Section 1. Conditions of Use

(a) Permittee shall obtain all required permits related to its use of the Premises and provide copies of such permits to State Parks.

(b) Permittee shall control access to its staging areas and provide safety fencing around all staging areas.

(c) Permittee shall remove and dispose of all waste and refuse generated by its use or occupancy of the Premises.

Section 2. Protection of Park Resources

(a) Permittee shall protect any existing utilities and structures, and shall repair, replace, or rebuild any part of the Premises, or any improvements thereon, damaged or destroyed by the actions or omissions of the Permittee.

(b) Permittee shall take care to protect all existing trees on the Premises. Permittee may only cut or trim trees to the extent permitted by

Section 9; if Section 9 contains no provision for the cutting or trimming of trees or shrubs, Permittee shall not engage in such activities.

(c) Permittee shall restore disturbed areas of the Premises to as close to their original condition as possible by proper grading, topsoiling, and seeding. Such restoration is subject to State Parks’ approval.

Section 3. Coordination with State Parks

(a) Permittee shall coordinate the timing of its use with Christopher More and give State Parks forty-eight hours advance notice prior to the start of use.

(b) Permittee shall comply with all reasonable requests made by State Parks.

Section 4. Indemnification

Permittee agrees to defend, indemnify, and hold harmless the State of New York, State Parks, and their officers, employees, and agents from and against any claims, damages, losses, and expenses that may arise from this Permit or from Permittee’s use of the Premises.

Section 5. General Liability Insurance and Proof of Insurance

(a) Permittee shall obtain general liability insurance at its own cost and expense from a company licensed to conduct business in the State of New York. Such insurance policy shall name the State of New York, State Parks, and their officers, employees, and agents as an additional insured; have a liability limit of at least $1,000,000 each occurrence and $2,000,000 general aggregate; and be endorsed to provide written notice to State Parks at least 30 days prior to cancellation, non-renewal, or material alteration.

(b) Prior to the start of the term of this Permit, Permittee shall deliver to State Parks an ACORD 25 Certificate of Insurance and ACORD

855 Addendum evidencing the coverage required by this Permit.

(c) Permittee shall require that all its contractors and sub-contractors meet the insurance coverage requirements set forth in this Section.

(d) Section 8 notwithstanding, State Parks may terminate this Permit without advance notice if Permittee fails to comply with the insurance requirements of this Permit.

Section 6. Revocation

If at any time during the term of the Permit, State Parks needs the Premises for the performance of its public purposes, State Parks may revoke this Permit by giving Permittee 10 days’ notice in writing. Upon the date fixed in such notice, this Permit shall come to an end as if said date were the date originally fixed in this Permit for expiration.

Section 7. Termination

In the event Permittee violates any applicable statute, law, rule, or regulation or does not comply with the terms and conditions of this

Permit, State Parks may terminate this Permit by giving Permittee 10 days’ notice in writing by regular mail or email of its intention to do so if the violation is not cured.

Section 8. General Conditions

(a) State Parks may inspect the Premises at any time.

(b) State Parks is not required or obligated to make or undertake any repairs, improvements, or maintenance work of any kind.

(c) Permittee shall comply with all applicable federal, State, and local laws, ordinances, rules, and regulations. If Permittee fails to do so, State Parks may enter the Premises and take whatever steps are necessary to achieve compliance and may bill Permittee for the cost and expense of doing so; Permittee shall pay State Parks any amount billed within 30 days of the billing date.

(d) Permittee acknowledges that the waiver by State Parks of any term or condition of this Permit is not a waiver of any other term or condition, nor is it a waiver of the subsequent breach thereof.

(e) Permittee shall not assign or transfer this Permit. State Parks and Permittee understand that Permittee’s contractors and sub-contractors are entitled to access and use the Premises for the purposes described herein, subject to the conditions of this Permit.

Section 9. Special Conditions

As noted in the letter from Reggie Eakins at the Army Coprs dated February 14, 2020.

Accepted by: Permittee Name

By: _____________________________________________ Date: _______________

Title: ___________________________________________

Issued by: THE PEOPLE OF THE STATE OF NEW YORK

Acting by and through the Commissioner of Parks, Recreation and Historic Preservation

By: ____________________________________________ Date: _______________

Alane Ball-Chinian, Regional Director