2005-104D
RESOLUTION NO. 2005-104
RESOLUTION AUTHORIZING PROPERTY OF HEARTLAND, LLC
TO CONNECT TO WAPPINGER SEWER TRANSMISSION/TREATMENT
IMPROVEMENT AREA PHASE 3A, AS A TENANT
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
rr
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 5th
day of July, 2005, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Joseph Ruggiero
Council Members - Joseph P. Paoloni
Robert L. Valdati
Vincent F. Bettina
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ABSENT: Maureen McCarthy
The following Resolution was introduced by Mr. Valdati
Mr. Paoloni
and seconded by
WHEREAS, Heartland, LLC (hereinafter "Heartland") is the owner of certain property
located at 1271 Route 9, Wappingers Falls, New York (hereinafter the "Heartland Parcel"); and
WHEREAS, Heartland has requested permission to connect to Wappinger Sewer
Transmission/Treatment Improvement Phase 3A (hereinafter "WSTTIA-3A") as a tenant, and
subject to Heartland constructing and installing certain sewer main improvements and granting
IIan unspecified easement for sewer purposes to the Town and/or an unnamed sewer improvement
area to be formed, as hereinafter set forth; and
WHEREAS, North American Home Equities, Inc. (hereinafter "North American") is the
contract -vendee for the purchase of certain property contiguous to and to the immediate north of
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the Heartland Parcel, which property has been the subject of a Resolution of Site Plan Approval
for a Project known as "Corporate Park", which parcel is hereinafter referred to as the
"Corporate Park Parcel"; and
WHEREAS, North American and Heartland have agreed to share in the cost of
construction of the sewer main from Cayuga Drive through Corporate Park to a point near the
existing septic tank located within the Heartland Parcel; and
WHEREAS, the Tri -Municipal Sewer Commission has previously granted permission to
the Town to allow the Heartland Parcel to connect as a tenant to 3A.
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, on behalf of WSTTIA-3A hereby grants permission to
Heartland to allow the Heartland Parcel and commonly known as 1271 Route 9, Wappingers
Falls, New York (the location of the present Heart Acura Dealership) to become a tenant to
WSTTIA-3A on the following conditions:
(1) Heartland and/or North American will construct an extension of the sewer
main from Cayuga Drive, through the Corporate Park Parcel, to the Heartland
Parcel, to a point on the Heartland Parcel near the existing location of
Heartland's septic tank.
(2) The construction of the sewer main extension will be done in accordance with
Plans and Specification approved by the Engineers to the Town of
Wappinger, Paggi, Martin and Del Bene, subject to the approval of the
Dutchess County Health Department.
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(3) Heartland and/or North American will also construct a water main extension
from Old Hopewell Road southward along the westerly side of southbound
Route 9 to the southside of the existing north entrance to the Heart Acura
Dealership located on Route 9, all as set forth in the letter of June 13, 2005
from Supervisor Joseph Ruggiero to North American Home Equities, Inc.
(4) Upon completion of construction of the water and sewer mains, Heartland
and/or North American will dedicate the sewer and water mains to the Town
of Wappinger and/or the Wappinger Park Water District and/or WSTTLIA-
3A, as the case may be, free and clear of any liens or encumbrances, together
with any necessary easements, in form acceptable to the Attorney to the
Town.
(5) North American and/or Heartland will pay for all inspection fees incurred by
the Town during the course of the construction of the water main and/or
sewer main.
(6) Heartland further agrees to grant an unspecified easement from the
termination of the sewer main to be constructed to the southerly boundary of
the Heartland Parcel, the exact location of the easement to be determined by
the Engineers to the Town, Paggi, Martin and Del Bene, and in form
satisfactory to the Attorney to the Town.
(7) If within a period of two years from the date of this Resolution, the Town
Board has duly adopted an Order establishing a further sewer improvement or
sewer district, the boundaries of which include the Heartland Parcel, then
Heartland, and/or North American shall construct an extension of the sewer
main to the southerly boundary of the Heartland parcel, as determined by the
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Engineers to the Town, Paggi, Martin and Del Bene, or their successors;
North American shall post a Performance Bond guaranteeing the construction
of the sewer main as herein set forth.
(8) As a further condition for permission to connect to the WSTTIA-3A,
Heartland shall pay benefit assessments and Operation and Maintenance
charges (O&M) as if originally included in WSTTIA-3A, commencing within
the first year following the completion of the sewer main, until such time as
the Heartland Parcel is included in a subsequent sewer improvement and/or
sewer district.
(9) In consideration of the construction of the sewer main and water main as
herein set forth, the Town Board agrees that Heartland shall not be required to
pay the thirty percent surcharge for O&M charges otherwise required by
Town Code Section 236-6C.
3. The Town Board further authorizes the Supervisor to execute a formal contract,
on behalf of the Town and/or WSTTIA-3A and/or Wappinger Park Water District with North
American and/or Heartland for the construction of both the sewer main extension and water main
extension, which contract shall include all the terms and conditions of this Resolution and be in
form acceptable to the Attorney to the Town and the Engineer to the Town.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
Voting
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Aye
ROBERT L. VALDATI, Councilman
Voting
Aye
VINCENT F. BETTINA, Councilman Voting Ave
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MAUREEN MCCARTHY, Councilwoman Voting Absent
Dated: Wappingers Falls, New York The Resolution is hereby duly declared adopted.
July b, 2005
HN C. MAS ERSON , TOWN CLERK
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