Amendment to Waste Water Transmission ContractAMENDMENT TO
WASTE WATER TRANSMISSION CONTRACT
ETWEEN
VILLAGE OF WAPPINGERS FALLS
AN
TOWN OF WA PING
Pursuant to Article 5-G of the General Municipal Law
THIS AMENDMENT TO THE WASTE WATER TRANSMISSION CONTRACT is
made this Lav of January, 2017, by and between,
VILLAGE OF WAPPINGERS FALLS,
a municipal corporation of the State of New York,
with offices at
2628 South Avenue, Wappingers Falls, New York 12590
(hereinafter referred to as "VILLAGE"),
and
TOWN OF WAPPINGER,
a municipal corporation of the State of New York,
with offices situate at
20 Middlebush Road, Wappingers Falls, New York 12590
and
the UNITED WAPPINGER SEWER DISTRICT
(hereinafter collectively referred to as "TOWN").
WITNESS JL.,T11:
WHEREAS, the VILLAGE and the TOWN both discharge waste water to the Tri -
Municipal Sewer Plant located in the Town of Poughkeepsie; and
WHEREAS, the VILLAGE and the TOWN have common boundaries and, for design
considerations, it is more practicable for certain TOWN properties to discharge waste water
through the VILLAGE'S waste water transmission Imes, and, concomitantly for certain
VILLAGE parcels to discharge waste water through TOWN owned waste water tansm ss*on
facilities; and
WHEREAS, by Agreement dated May 2., 2011, the VILLAGE and the TOWN entered
into an agreement which permitted certain pro erties located within the jurisdictional limits of
the VILLAGE to discharge waste water through waste water transmission pipes (Sewer Main)
owned by United Wappinger Sewer District (hereinafter "UWSD"); and
WHEREAS, on the third "Whereas" clause located on page 4 of said Agreement, certain
parcels were formally designated as "VILLAGE AUTHOI LZED PARCELS" consisting of the
following:
and
Current Owner
Hollowbrook of Dutchess, LLC
Hollowbrook Associates, LLC
TGS Associates (Riverbend II Parcel)
Tax Grid Number
135601-6158-19-688002
135601-6157-07-709968
135601-6158-20-779013
WHEREAS, the VILLAGE and the TOWN have agreed, upon terms and conditions
hereinafter set forth, to amend the "VILLAGE AUTHORIZED PARCELS" to include a parcel
of property currently owned by 6-20 Marshall Road, LLC and corn only known as 6-20
Marshall Road, Wappingers Falls, New York, and further described as tax grid number 135601-
6157-07-735965; and
WHE
EAS, the TOWN has determined it has waste water transmission capacity
sufficient to allow it to transmit sewage from the 6-20 Marshall Road, LLC property (above
identified) to the Tri -Municipal Sewer Plant through the Sewer Main owned by UWS
and
WHEREAS the VILLAGE and the TOWN have deternmined that the most efficient and
practical way for transmitting sewage from the 6-20 Marshall Road, LLC property to the Tri -
Municipal Sewer Plant is through the SewerMain rnaintained and operated by UWSD.
NOW, THEREFORE, theabove-referenced Waste Water Transmission Contract is
amended as hereinafter set forth:
1. Recitations Incorporated. The recitations above set forth are incorporated in
this Agreement as if fully set forth and recited herein.
2. The third "Whereas" clause on page 4 of said Agreement is hereby amended to
identify the "Village Authorized Parcels" as folio s:
"Current Owner
Hollowbrook of Dutchess, LLC
Hollowbrook Associates, LLC
TGS Associates iverbend 11 Parcel)
6-20 Marshall Road, LLC
Tax Grid Number
135601-6158-19-688002
135601-6157-07-709968
135601-6158-20-779013
135601-6157-07-735965
(hereinafter the "VILLAGE AUTHORIZED PARCELS")"
3 Article 1, paragraph 6 "Sewer Connection Authorized" is hereby amended to read
as follows:
"6.1. Subject to compliance with the terms and condition of the Agreement, the
VILLAGE AUTHORIZED PARCELS which are located within the VILLAGE and the
TOWN are hereby authorized to utilize the Sewer Main to discharge waste water or transmission
to the Tri -Municipal Sewer Plant,
6.2. The TOWN and the VILLAGE hereby confirm that the Hollowbrook
properties have been previously connected to the Sewer Main.
6.3. The VILLAGE and the TOWN both acknowledge that the Riverbend 11
Parcel has received appropriate site plan approval from the Village of Wappingers Falls Planning
Board and, accordingly, have been connected to the SewerMain in accordance with the terms of
the original Waste Water Transmission Contract.
6.4. The VILLAGE and the TOWN confirm that the Riverbend 11 Parcel has
connected at the point of connection as recommended by the Engineer to the Town.
6.5. The 6-20 Marshall Road, LLC parcel will not be permitted to connect to
the Sewer Main until such time as the 6-20 Marshall Road, LLC parcel has received final site
plan approval from the Village of Wappingers Falls Planning Board for a residential complex not
to exceed 24 residential dwelling units containing not more than 48 bedrooms.
6.6. The point of connection of the 6-20 Marshall Road, LLC parcel from the
Sewer Main shall be in the sole discretion of the TOWN, upon advice and recommendation of
the Engineer to the Town, and in accordance with Plans prepared by The Chazen Companies
identified as "Marshall Road Residential Development, Village of Wappingers Falls, Dutchess
County, New York" the point of connection is depicted on Page SP6 of the aforementioned
Plans, a copy of which is affixed hereto as Exhibit "A."
4. The provisions of Article 1, paragraph 7 are confirmed with the express
understanding that the VILLAGE AUTHORIZED PARCELS also include the 6-20 Marshall
Road, LLC parcel.
5. Costs and Attorneys' Fees. As a condition to pe 6-20 Marshall Road, LLC
to utilize the Sewer Main, the owners of 6-20 Marshall Road, LLC must agree by separate
document that it will be responsible to pay all costs and charges, and assume all duties and
responsibilities and comply with the sewer use code or any other regulation governing the use of
-4-
the Sewer Main. The TOWN or VILLAGE may enforce this Agreement by judicial action and
the prevailing party shall be entitled to recover its reasonable costs and at fees in any
action to enforce this Agreement.
6. Modification, Except as herein altered, amended and modified, the original
Agree' ent between the VILLAGE and the TOWN dated May 2, 9011 is otherwi ratified,
readopted and confirmed.
IN WITNESS W EREOF the parties have set their hand and seals by their duly
authorized officers as of the date first above written.
se
VILLAGE OF WAPPINGERS FALLS
Byz,"
Wratthew A1eander, Mayor
TOWN OF 'WAPPINGER 4ad the UNITED
WAPPIN ,ER SEW'RDISTRICT
By:
-5-
STATE OF NEW YORK
) ss:
COUNTY OF DUTCHESS
On the 1 day of January., 2017, before me, the undersigned, personally appeared
MATTHEW ALEXANDER known to me or proved to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his capacity, and that by his signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the instrument.
Notary Publ
A. Cloi.
Notfuirv. P i.:7)11i C 9 a 61,1'ZIw44474,11„.._,,„.
1\do.. 01\ (30.1301
(IH gtied in Dutchf:,:i3..„.s,. County
CommissionExpires '',':,Septernber 2„20
STATE OF NEW YORK
) ss:
COUNTY OF DUTCH ESS
On the day of January, 2017 before me, the undersigned personally appeared
LORI A. MAYA known to me or proved to me on the basis of satisfactory evidence to be the
individual whose name is subscribed to the within instrument and acknowledged to me that she
executed the same in her capacity, and that by her signature on the instrument, the individual, or
the person upon behalf of which the individual acted, executed the instrument
Notary Public
ALBERT P. ROBS -ITS
Not Public State of New York
No. 0203301620
Oualified in Dutchess County la
Commission Expires February 28, 20
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