NOTICE OF ADOPTION OF RESOLUTION

Notice is hereby given that the Town Board of the Town of Amenia, Dutchess County, New York, at a regular meeting thereof, held on July 17, 2025, duly adopted the following Resolution, subject to Permissive Referendum:

Dated: Amenia, New York, July 17, 2025

Dawn Marie Klingner, Town Clerk

RESOLUTION No. 81 of 2025

RE:     AUTHORIZING TOWER AND GROUND SPACE AGREEMENT WITH T-MOBILE NORTHEAST LLC

            WHEREAS, the Town of Amenia (“Town”) owns real property located at 12 Washington Court designated as Section 7167, Block 00 and Lot 410168, in the Town of Amenia, New York (the “Premises”); and

            WHEREAS, the Town desired to construct a municipal tower for municipal use and for other companies requiring electromagnetic signal distribution; and

            WHEREAS, on or about October 17, 2002, the Town of Amenia entered into a Master Management Agreement with JNS Enterprises, Inc. whereby JNS was engaged to arrange for the development, construction and management of a municipal cell tower and to manage the ongoing operations; and

            WHEREAS, pursuant to Town Board Resolution #20 of 2002, the Town Board, in accordance with New York State SEQRA Regulations, caused an Environmental Assessment Form to be drafted and, after careful evaluation, issued a Negative Declaration determining that the proposed municipal tower would not have any significant adverse environmental impacts; and

WHEREAS, the municipal tower was constructed along with an accessory structure for storage on the Premises; and

WHEREAS, on or about May 31, 2011, JNS Towers, LLC (“JNS”) and Crown Communication LLC (“Crown”) entered into an Asset Purchase Agreement which included the Assignment and Assumption of the Master Management Agreement from JNS to Crown; and

WHEREAS, pursuant to the Master Management Agreement, Crown has negotiated a new agreement with T-Mobile Northeast LLC (“T-Mobile”) for the installation and maintenance of communications equipment including antennas, cables, connectors, wires, radios, radio shelter or cabinet and related transmission and reception hardware and software to be installed and maintained on a portion of the cellular tower and the land owned by the Town located at 12 Washington Court, for the purpose of transmitting wireless signals and maintaining an equipment shelter (the “T-Mobile” Agreement); and

            WHEREAS, the Town Board of the Town of Amenia determines that the T-Mobile Agreement is a Type II action under the State Environmental Quality Review Act (SEQRA”) and therefore not subject to review under SEQRA; and

            WHEREAS, it has been determined that the approval of the T-Mobile Agreement annexed hereto is subject to a Permissive Referendum.

            NOW, THEREFORE, BE IT RESOLVED as follows:

1. The recitations above set forth are incorporated in this Resolution as if fully set

forth and adopted herein.

2. The Town Board hereby approves the T-Mobile Agreement in substantially the same form as annexed hereto and authorizes the Town Supervisor to execute the Agreement on behalf of the Town.
3. The Town Board hereby authorizes the Town Supervisor to sign any additional documents that may be necessary to effectuate the Agreement and to take such administrative and ministerial action as may be necessary to effectuate the terms of this Resolution.
4. The monthly revenue from the T-Mobile Agreement will be deposited in accordance with Resolution #4 of 2011.
5. This Resolution is adopted subject to Permissive Referendum.
6. The Town Clerk shall give Notice of Adoption of Resolution by publishing a copy of this Resolution, together with the Notice of Adoption thereof, in the official newspaper of the Town, and, in addition, the Town Clerk shall post or cause to be posted on the bulletin board maintained by the Town Clerk at Town Hall and on the Town’s website, a copy of such Resolution and Notice of Adoption thereof, with the publication and posting to be done within ten (10) days of the date hereof.