2024-1762024-176
Resolution Authorizing Memorandum Of Understanding With Regency Homeowners' Association
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held
at Town Hall, 20 Middlebush Road, Wappingers Falls,
New York, on September 9, 2024.
The meeting was called to order by Joseph D.
Cavaccini, Town Supervisor, and upon roll being called,
the following was recorded:
✓ Vote Record - Resolution RES -2024-176
Yes/Aye No/Nay Abstain Absent
Q Adopted
❑ Adopted as Amended
Joseph D. Cavaccini
Voter Q ❑ ❑ ❑
❑ Defeated
William H. Beale
Voter 2 ❑ ❑ ❑
❑ Tabled
Angela Bettina
Seconder Q ❑ ❑ ❑
❑ Withdrawn
Christopher Phillips
Mover Q ❑ ❑ ❑
Al Casella
Voter 2 ❑ ❑ ❑
The following Resolution was introduced by Councilman Phillips and seconded by Councilwoman
Bettina.
WHEREAS, Regency at Wappinger Homeowners Association entered into an Agreement with the United Wappinger
Water District(" UWWD") for the use of water for the common areas owned by the RHOA including for irrigation that
expires on December 31, 2024, and
WHEREAS, the RHOA has prepared and implemented a water conservation plan for its irrigation system to reduce
its water usage, and
WHEREAS, Town Supervisor Joseph D. Cavaccini has negotiated between the President of the RHOA and the
UWWD a new Memorandum of Understanding ("MOU") for five (S) years commencing January 1, 2025 for the use
of water for irrigation on a more permanent basis following the prior agreement and PILOT programs that were
successful at the Regency, and
NOW THEREFORE, BE IT RESOLVED:
1) The Town Board hereby approves the Memorandum of Understanding with RHOA in the form attached
hereto.
2) The Town Board hereby authorizes and directs Town Supervisor Joseph D. Cavaccini to sign the MOU on
behalf of the Town Board and the UWWD.
3) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be provided to the
Water & Sewer Billing Division and Building Department to ensure the proper accounting for billing purposes.
4) The Town Board hereby directs the Town Clerk to provide a copy of the executed Water Tenancy Agreement
be filed in the records of the Town Clerk, the records of the Town Comptroller, and the records of the Building
Department.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Phillips, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Cavaccini, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
9/9/2024
The Resolution is hereby duty declared Adopted.
JOSEPH P. PAOLONI, TOWN CLERK
MEMORANDUM OF AGREEMENT
THIS AGREEMENT made the ! day of _ 2024, by and
between
THE TOWN OF WAPPINGER
By and on Behalf of the
UNITED WAPPINGER WATER DISTRICT,
with offices situated at
Town Hall
20 Middlebush Road,
Wappingers Falls, NY 1.2590
(hereinafter referre4 to as the "TOWN' or `UWWD")
THE REGENCY AT W.
C/o 1
(hereinafter
and
GER HOMEOWNERS' ASSOCIATION
Farmington Road
ers Falls, NY 1.2590
Eerred to as "REGENCY)
SETH:
WHEREAS, the TOWN owns and operates a municipal water supply system which provides potable
water to the residents and customers located vd thin the geographical boundaries of the United Wappinger
Water District; and
WHEREAS, Toll Brothers Inc. (hereinafter re erred to as "TOLL") developed an active adult community
in the Town of Wappinger known as the Regency at Wappinger; and
WHEREAS, TOLL executed an Agree nent for Temporary Connection to the United Wappinger
Water District with the TOWN on August 4, 2C 14, providing irrigation water to REGENCY and which
water was to be billed at the TOWN'S commer ial rate; and
WHEREAS, on September 20, 2023,
Understanding so as to continue the permitted
and shrubbery; and
WHEREAS, the TOWN is committed
to manage fresh water sustainably to meet dere
WHEREAS, it is the intent and
Conservation Plan, attached hereto as S
NOW, THEREFORE, in
herein contained, the parties hereby agree as
TOWN and REGENCY executed a Memorandum of
of water from the UWWD for the irrigation of plants
water conversation implementing policies and strategies
d while protecting the water environment; and
,le of REGENCY to provide and implement a Water
«1»
of the of the mutual promises, covenants and conditions
After thorough review and consideration, it is the decision of the TOWN to establish an irrigation
rate for REGENCY Said rate shall be reviewed yearly during the budget process. Any increase in
rate shall not be greater than any increase in the residential rate. Irrigation accounts shall be billed
quarterly for usage only and will not have a minimum charge. Any change in rate will be reflected
on the April billing.
2. The REGENCY will be responsible for all maintenance, upkeep and repairs for the irrigation
system.
3. The TO" shall have access to all points of connection to the UWVv`D including any meters and
related appurtenances at all times.
4. The Water Conservation Plan, approved by the Homeowners' Association, shall be filed with the
TOWN yearly.
5. Failure of the REGENCY to comply with the Water Conservation Plan at all times shall be
grounds for termination of this MOA. Notification of termination shall be via email to
b u fl e ra wIra rt u mm i 1. and USPS to 16 Avondale Lane, Wappingers Falls, NY 12590.
6. Irrigation usage shall not exceed 600,000 cubic feet in a single quarter. In the event REGENCY
exceeds 600,00 cubic feet in a single quarter, this MOA shall be subject to termination.
Notification of termination shall be via email to butlerrawhoa@gmail.com and USPS to 16
Avondale Lane, Wappingers Falls, NY 12590.
7. During periods of irrigation, REGENCY shall submit monthly usage and conservation
implementation reports to the TO" via email to jcqya��gini 'nm
ffrqjjnj( eLr-(d"-1Caq1 i'l�
and mtreniv 0 X0111.
8. In the event the Town Board, Supervisor, or any other governmental agency declares a water
emergency of any nature, this MOA shall be suspended, and irrigation shut down until the water
emergency is lifted.
9. REGENCY shall advise the TOWN and Camo Pollution Control immediately upon learning of
issues that maybe of concern via email toj.aKagcitjLto -wriofwap im"erlw. OV,
fjrello(j.!.l,tqr i qp
.pjp,,,,e,rn and iiitreriiper@c,,iiiiop(.,,.co,11.
U�
10. The term. of this agreement shall be for five (5) years commencing January 1, 2025.
11. The President of the REGENCY is herby designated as being the principal representative of the
REGENCY authorized to act on its behalf with respect to the work, services, responsibilities and
obligations specified herein and make all decisions in connection herewith.
12. The Town Supervisor is hereby designated as being the representative of the TOWN for the
purposes of the MOA.
13. The REGENCY agrees to indemnify and hold harmless the TO", its officers, agents, and
employees against any all actions, suits, claims, or damages to persons or property including
paying any legal costs, attorney's fees or paying any judgment that may be asserted or claimed by
any person, firm or entity arising out of or in connection with the negligent performance of the
work or services of the REGENCY, its agents, employees, subcontractors or invitees, provided for
herein, or arising from the negligent acts, or omissions of the REGENCY hereunder, or arising
from the REGENCY'S negligent performance of or failure to perform any term or provisions
hereof.
14. It is understood and agreed that this MOA supersedes and cancels any and all previous
negotiations, arrangements, agreements and understandings, if any, between the parties.
15. No waiver of any breach of any condition of this Agreement shall be binding unless in writing and
signed by the party waiving such breach. No such waiver shall in any way affect any other term or
condition of this Agreement or constitute a cause or excuse for repetition of such or any other
breach unless the waiver shall specifically include the same.
16. In the event that part of this MOA shall be declared invalid or unenforceable by a valid judgment
or decree of a of a court of competent jurisdiction, such invalidity or unenforceability shall not
affect any of the remaining portions of this MOA which are hereby declared as severable and shall
be interpreted to carry out the intent of the parties hereunder unless the invalid provisions is so
material that its invalidity deprives either party of the basic benefit of their bargain or renders this
MOA meaningless.
17. All notices, demands, request, consents, approvals or other communication required or permitted
to be given hereunder to any party to this Agreement shall be in writing and addressed to:
JOSEPH D. CAVACCINI
SUPERVISOR — TOWN OF WAPPINGER
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
, %Vllof�vappingen
t o
REGENCY AT WAPPINGER HOMEOWNERS ASSOCIATON
ATT: RALPH BUTLER, PRESIDENT
16 AVONDALE LANE
WAPPINGERS FALLS, NY 12590
'SUPERVISOR
1t6k,*J
-LPH BOTLER
PRESIDENT
REGENCY AT WAPPINGER HOA