2008-368Resolution Authorizing Execution of Agreement Between Adams Fairacre Farms, Inc. and
the Town of Wappinger in Connection with the Construction and Installation of Water and
Sewer Lines
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 December
8, 2008.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Maureen McCarthy
Joseph P. Paoloni
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, Adams Fairacre Farms, Inc. (hereinafter referred to as "ADAMS") is the
contract vendee to purchase certain property located on the eastside of Old Post Road
(hereinafter referred to as the "STORE PARCEL"); and
WHEREAS, ADAMS has made application to the Town of Wappinger Planning Board
for Site Plan Approval to construct the retail building and plant nursery on the STORE
PARCEL; and
WHEREAS, ADAMS has agreed to make certain improvements to and construct certain
extensions of the waterlines owned by the United Wappinger Water District as well as the sewer
mains owned and maintained by the Town of Wappinger pursuant to the Wappinger Sewer
Transmission/Treatment Improvement Area Phase 3A (WST/TIA-3A); and
WHEREAS, the TOWN and ADAMS have agreed on certain other provisions relating to
the STORE PARCEL's connection to the water and sewer systems as well as the abandonment
of certain lands no longer needed or required by the Town for Town Highway purposes or as
more particularly set forth in a proposed Agreement, a copy of which is affixed hereto; and
WHEREAS, the Town Board members represent that they have each reviewed and
examined the aforementioned proposed Agreement.
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 of the Town of Wappinger in its capacity as the governing body
of the Town of Wappinger, has reviewed and examined the proposed Agreement between Adams
Fairacre Farms, Inc. and the Town of Wappinger, supports and concurs with the provisions
contained therein, agrees to enter into said Agreement and further directs Town Supervisor,
Christopher J. Colsey, to execute same in substantially the same form as attached hereto.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
12/8/2008
The Resolution is hereby duly declared adopted.
OHN C. MASTERSON, TOWN CLERK
AGREEMENT FOR CONSTRUCTION AND INSTALLATION
OF WATER AND SEWER LINES
THIS AGREEMENT made the _ day of , 2008, by and
between
ADAMS FAIRACRE FARMS, INC.
with an office at 195 Dutchess Turnpike, Poughkeepsie, New York 12603
(hereinafter referred to as "ADAMS")
and
THE TOWN BOARD OF THE TOWN OF WAPPINGER
with offices situate at
Town Hall, 20 Middlebush Road
Wappingers Falls, New York 12590
(hereinafter referred to as the "TOWN")
acting by and for itself and on behalf of the
WATER SEWER TREATMENT/IMPROVEMENT AREA — PHASE 3-A
t
(hereinafter referred to as "WST/TIA-3A") and the
likw UNITED WAPPINGER WATER DISTRICT, AS EXTENDED
(hereinafter referred to a the "UNITED WAPPINGER WATER DISTRICT")
WITNESSETH:
WHEREAS, ADAMS is the contract vendee to purchase certain property located
on the east side of Old Post Road in the TOWN (hereinafter referred to as the "STORE
PARCEL"), which is more particularly described in Exhibit "A" attached hereto; and
WHEREAS, ADAMS has made application to the Town of Wappinger Planning
Board for Site Plan Approval to construct a retail building and plant nursery on the
STORE PARCEL; and
WHEREAS, this Agreement is contingent upon ADAMS receiving Site Plan
Approval from the Town of Wappinger Planning Board to construct a retail building and
,%r plant nursery on the STORE PARCEL; and
CADocuments and Settings\Chris Masterson\Local Settings\Temporary Internet Files\OLK4B\WATER-SEWER CONSTRUCTION
AGMT- revised.doc
Last Revised 12/03/08
WHEREAS, the TOWN has acquired a Sewer Easement, through lands of
HEARTLAND, LLC, 1271 Route 9, Wappingers Falls, New York, on the west side of
Route 9, which easement was recorded in the Dutchess County Clerk's Office on March
21, 2006 as Doc# 02-2006-2290, through which a sewer main has been constructed and is
interconnected with the sewer main owned and operated by WST/TIA3A; and
WHEREAS, ADAMS proposes to connect to the sewer main constructed within
the HEARTLAND Easement in accordance with plans approved as hereinafter set forth;
and
WHEREAS, the STORE PARCEL will require the right to use up to a maximum
of 25,000 gallons of water per day based on a quarter annual average, of which a
maximum of 8,000 gallons per day will be used for domestic usage and 17,000 gallons
per day will be used for irrigation, upon terms and conditions hereinafter set forth; and
WHEREAS, the STORE PARCEL is contained within the geographical
boundaries of the Wappinger Sewer Transmission/Treatment Improvement Area
(WST/TIA) — Phase 1 and 2 as to the main sewer trunk line constructed therein, but is not
contained within the geographical boundaries of WST/TIA Phase 3A, the closest sewer
lateral extension area; and
WHEREAS, ADAMS desires the STORE PARCEL to be connected to the
Town's sewer system through WST/TIA-3A; and
WHEREAS, the Tri -Municipal Sewer Commission approved and authorized the
STORE PARCEL to connect to WST/TIA-3A as an outside user for a maximum sewer
discharge of 8,000 gallons per day at their September 6, 2007 meeting; and
2
WHEREAS, by approval of this Agreement, the TOWN hereby authorizes the
STORE PARCEL to be connected to WST/TIA-3A as a Tenant, and to interconnect with
the current sewer transmission line in or near the HEARTLAND Sewer Easement,
pursuant to the terms and conditions set forth in this Agreement; and
WHEREAS, the STORE PARCEL is not contained within the United Wappinger
Water District, the Town's main source of supply for domestic water usage; and
WHEREAS, ADAMS proposes to petition the TOWN to extend the boundaries
of the United Wappinger Water District to include the STORE PARCEL; and
WHEREAS, by approval of this Agreement, the TOWN hereby authorizes the
STORE PARCEL to be connected to the United Wappinger Water District in or near the
termination of the Town Water Line located on the west side of Route 9 located adjacent
to the HEARTLAND, LLC PARCEL, at 1271 Route 9, Wappingers Falls, New York,
pursuant to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
conditions herein contained, and other good and valuable consideration, ADAMS and the
TOWN on behalf of the WST/TIA-3A and the UNITED WAPPINGER WATER
DISTRICT hereby agree as follows:
1. Recitations. The recitations above set forth are hereby incorporated into
this Agreement as if fully set forth herein.
2. Sewer.
2.1. Sewer Main. ADAMS will construct an extension of the sewer main
(sewer collector line) owned and maintained by WST/TIA-3A and located within the
fir.
Town -owned HEARTLAND Sewer Easement, 1271 Route 9, Wappingers Falls, New
C:\Documents and Settings\Chris Master on\Local Settings\Temporary Internet Fi1es\OLK4B\WATER-SEWER CONSTRUCTION
AGMT- revised.doc
Last Revised 12/03/08
3
York (identified as Tax Grid No. 6157-04-570395) to a point near the north-easterly
portion of the Town -owned road right-of-way for Fowlerhouse Road, and, in addition,
easterly across U.S. Route 9, to the STORE PARCEL. The construction of the sewer
main extension will be completed in accordance with plans and specifications approved
by Clark Patterson Lee, engineers to the Town of Wappinger for this matter, subject to
the approval of any modifications required by the Dutchess County Health Department.
The plans and specifications for the sewer main extension have been prepared by Morris
Associates, and will be placed on file with the Town Clerk of the Town of Wappinger
after approval by the Dutchess County Health Department. Once approved by the
Dutchess County Health Department, said plans and specifications shall be deemed part
of this Agreement.
2.2. License to Construct. The TOWN hereby grants a license to ADAMS to
enter upon and within the Town -owned HEARTLAND Sewer Easement to make such
improvements and/or reconstruction to the sewer line contained within said Easement in
accordance with the plans and specifications above described.
2.3. Consent to Inclusion in Sewer District or Sewer Improvement. In the
event the TOWN undertakes the formation of a public sewer improvement, either by the
formation of a Sewer District pursuant to Article 12 or 12-A of the Town Law, or a
Sewer Improvement Area pursuant to Article 12-C of the Town Law, ADAMS, for itself,
its successors and assigns hereby, affirmatively agrees not to object or oppose in any
manner the formation of such Sewer District or Sewer Improvement Area which would
include the STORE PARCEL, provided that the STORE PARCEL is financially treated
rd
the same as existing parcels within the proposed District/ Sewer Improvement Area as of
the date of the formation of the proposed new District/Improvement Area.
2.4. Sewer Usage Fees. As a further condition for permission to connect to
the WST/TIA-3A, as a tenant, ADAMS and/or the STORE PARCEL shall pay a fee
equal to Benefit Assessments and Operation and Maintenance charges ("O&M") as if the
STORE PARCEL were originally included in WST/TIA-3A, pro -rated from the time of
connection to the sewer system, until such time as the STORE PARCEL is included in a
subsequent sewer improvement and/or sewer district.
2.5. Surcharge for Excess Sewer Usage. It is expressly understood the
TOWN has entered into this Agreement for sewer service based on the express
representation of ADAMS that it will not use more than 8,000 gallons of sewer per day or
729,000 gallons on a quarter annual basis. Because of the limited availability of sewer
capacity at the Tri -Municipal Sewer Plant, the TOWN hereby imposes a surcharge on
excess of sewer discharge as follows:
i. in the event the STORE PARCEL discharges in excess of 729,000
gallons of sewage for any quarter annual billing period based on metered domestic water
usage, the STORE PARCEL will pay a surcharge of twenty-five percent (25%)of the
sewer rate charged for said quarter annual billing period. (Metered domestic water usage
as used in this sub -paragraph shall not otherwise be used to determine the quarter annual
O&M sewer charge.)
ii. it is expressly understood that this surcharge of the sewer rate will
survive any inclusion of the STORE PARCEL into a Sewer Improvement Area or Sewer
District as the same may be established or created by the TOWN at any time hereafter.
C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet Files\OLK4B\WATER-SEWER CONSTRUCTION
AGMT- revised.doc .
Last Revised 12/03/08
5
2.6. Waiver of O&M Surcharge. In consideration of the construction and
extension of the sewer mains as set forth in the Agreement, the TOWN hereby
determines that ADAMS shall not be required to pay the additional thirty percent (30%)
sewer surcharge of O&M charges otherwise required by the Town Code Section 236-6.c.
3. Water.
3.1. Water Main. ADAMS will also construct a water main from the STORE
PARCEL westerly across Route 9 and northerly within the Route 9 right-of-way to the
existing terminus of the water main owned and operated by the United Wappinger Water
District and located adjacent to the HEARTLAND, LLC PARCEL, 1271 Route 9,
Wappinger Falls, New York, and in a southerly direction to a point near the northeasterly
portion of the Town -owned road right-of-way for Fowlerhouse Road, in accordance with
plans and specifications hereinafter defined. The plans and specifications for the water
main extension have been prepared by Morris Associates, and will be placed on file with
the Town Clerk of the Town of Wappinger after approval by Clark Patterson Lee, the
Town's engineers for this project, the NYS Department of Environmental Conservation
(DEC) and the Dutchess County Health Department. Once approved by Clark Patterson
Lee, the DEC and the Dutchess County Health Department, said plans and specifications
shall be deemed part of this Agreement. The TOWN reserves the right to require the
sleeve to be constructed under Route 9 to accommodate up to a ten (10) inch water line.
3.2. Extension of Water District. Simultaneously with the execution of this
Agreement, ADAMS agrees to petition the TOWN and the United Wappinger Water
District to expand the Water District boundaries to include the STORE PARCEL. By
execution of this Agreement, ADAMS consents to any extension of the United
no
Wappinger Water District undertaken by the TOWN independent of the petition to be
submitted by ADAMS pursuant to this paragraph. ADAMS agrees to reimburse the
TOWN for all costs and expenses associated with the extension of the United Wappinger
Water District to include the STORE PARCEL, including the costs of any professional
consultants and related fees. It is intended that these costs and expenses be limited to the
expansion for the benefit of the STORE PARCEL only and not for any additional parcels.
3.3 Waiver of O&M Surcharge. In consideration of the construction and
dedication of the water main extension, ADAMS will not be required to pay the
additional 30% surcharge of Operation and Maintenance charges (O&M) as otherwise
required by Town Code Section 236-6 .c. ADAMS otherwise affirmatively agrees not to
object or oppose in any manner to the extension of the United Wappinger Water District
to include the STORE PARCEL.
3.4. Water Service. Until such time as the United Wappinger Water District
is lawfully expanded to include the STORE PARCEL, the United Wappinger Water
District agrees to provide water service and supply water to the STORE PARCEL up to a
maximum of 25,000 gallons per day, based on a quarter annual average. The water
service will be metered in accordance with the standards of the United Wappinger Water
District. ADAMS will install separate water meters for domestic water usage and for
irrigation usage, in accordance with a plan approved by the Engineer to the Town.
3.5. Tenant Rate. Pending inclusion in the United Wappinger Water District,
the STORE PARCEL will pay a tenant usage charge equivalent to capital benefit
assessments, as assigned by the Town of Wappinger Assessor, in accordance with the
established formula for Benefit Assessments for United Wappinger Water District,
CADocuments and Settings\Chris Masterson\Local Settings\Temporary Internet Files\OLK4B\WATER-SEWER CONSTRUCTION
AGMT- revised.doc
Last Revised 12/03/08
7
together with quarterly Operation and Maintenance charges based on meter usage in
accordance with Town Code section 234.44A(2). Such payments shall be made pro -rated
from the date of connection to the United Wappinger Water System.
3.6. Maximum Allocation. It is expressly understood that this Agreement has
been entered into on the representation by ADAMS that it will not need, require or
consume in excess of 25,000 gallons of water per day based on a quarter annual average.
Bills for water usage, (O&M charges) will be billed to ADAMS on a quarter annual
basis.
3.7. Surcharge for Excess Water Usage. It is expressly understood that the
TOWN has entered in this Agreement for Water Supply based on the express
representation of ADAMS that it will not use more than 25,000 gallons of water per day,
or 2,281,250 gallons based on a quarter annual average. Because of the limited
availability of water in the United Wappinger Water District, the TOWN hereby imposes
a surcharge on excess water usage as follows:
i. In the event the STORE PARCEL uses water in excess of 2,281,250
gallons for any quarter annual billing period, the STORE PARCEL will pay a surcharge
of twenty-five percent (25%) of the water rate charged pursuant to the Town of
Wappinger Water Rate Structure pursuant to Town Code section 234-44A(2)(a), as the
same may be amended from time to time hereafter;
ii. It is expressly understood that this surcharge of the water rate will
survive any expansion of the United Wappinger Water District that includes the STORE
PARCEL and such surcharge is in addition to the Wappinger Water Rate Structure as
established by the TOWN from time to time hereafter.
N.
4. Professional Reviews and Inspection Fees. ADAMS will pay for all
costs, professional review fees and construction inspection fees incurred by or on behalf
of the TOWN in negotiating, drafting, monitoring and implementing the provisions of
this Agreement. In addition, ADAMS will pay for all professional reviews, consultations,
including construction inspection fees, incurred by the TOWN in connection with this
Agreement.
5. Dedication of Water and Sewer Mains. Upon completion of the
construction and extension of the water and sewer mains, ADAMS will dedicate the
water and sewer mains and related appurtenances or improvements to be constructed
pursuant to paragraphs 2 and 3 above to the TOWN on behalf of the United Wappinger
Water District and the WST/TIA-3A, as the case may be, free and clear of any liens or
encumbrances, together with such easements as may be necessary to permit the TOWN
on behalf of the United Wappinger Water District and WST/TIA-3A to operate and
maintain such water and sewer mains, all in form acceptable to the Engineer to the Town,
and the Attorney to the Town.
6. Dedication of Easements. ADAMS further agrees to grant to the TOWN
on behalf of WST/TIA-3A or the United Wappinger Water District, any easements
needed to successfully maintain and operate the water and sewer systems as determined
by the engineers representing the TOWN. Such easements shall be in such form as are
acceptable to the Attorney to the Town and the Engineer to the Town.
7. Additional Conditions. This Agreement is expressly contingent upon
the Town Highway Superintendent, the TOWN or any of its affiliated approving Boards
(i.e. Planning Board, Zoning Board of Appeals)issuing, passing or adopting such
C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet Files\OLK4B\WATER-SEWER CONSTRUCTION
AGMT- revised.doc
Last Revised 12/03/08
9
Certification, Resolutions, Amendments, Variances and/or Local Laws as are required to
authorize the TOWN to:
i. Abandon unneeded portion of Old Post Road to ADAMS, consistent
with Highway Law Section 171, the property identified in the description and map
attached hereto as Exhibit `B";
ii. Permit the placement of a stop sign on Old Post Road at the location on
the map attached hereto as Exhibit "C";
iii. Permit the reduction in the number of loading docks from nine (9) to
two (2) loading docks.
8. Performance Of Work.
8.1. Standards of Construction. All work performed pursuant to this
Agreement shall be done in a good and workmanlike manner, and consistent with the
standards of construction in Dutchess County, New York, and ADAMS and/or their
contractors shall do all the work and furnish at their own cost and expense, all labor,
supervision, machinery, equipment, facilities, tools, transportation, supplies, materials,
insurance, permits, certificates, tests, guarantees, protection of equipment, property, and
life during construction, and all other things necessary for the proper completion of the
work in a good and workmanlike manner, complete in every respect and detail, and left
ready and in perfect condition for use by the TOWN.
8.2. Compliance. All work performed under this Agreement shall be done
according to the highest standards of the trades involved, and shall conform to the
requirements of any utilities, and any and all Federal, State and Local Laws, Codes,
10
Rules, Regulations and Statutes that may be in effect by any governmental agency having
jurisdiction of the work.
8.3. Plans. This clause shall not be construed as relieving the contractor from
complying with any requirements of the plans and specifications which may be in excess
of the requirements mentioned herein.
9. Insurance.
9.1. Certificate. ADAMS and/or their contractors shall provide the TOWN
with a Certificate of Insurance, which indicates a current Commercial General Liability
Policy is in force, with an insurance company with an A.M. Best's rating of "A" or better.
The occurrence limit must indicate a limit of not less than $1,000,000 with a $2,000,000
general liability umbrella. The TOWN must be named as an additional insured.
9.2. Indemnification. ADAMS, or their contractors, shall indemnify and
hold harmless the TOWN against all claims on account of injury, loss or damage arising
out of or alleged to arise out of or in connection with the work to be performed
hereunder, including all expenses incurred by the TOWN in the defense, settlement or
satisfaction thereof, including expenses of legal counsel.
10. Buildinp- Permit. It is expressly understood that no Building Permits for
the construction of any buildings or site improvements to the STORE PARCEL will be
issued until such time as this Agreement has been record in the Dutchess County Clerk's
Office and proof thereof has been filed with the Building Department of the Town of
Wappinger.
CADocuments and Settings\Chris Masterson\Local Settings\Temporary Internet Files\OLK4B\WATER-SEWER CONSTRUCTION
AGMT- revised.doc
Last Revised 12/03/08
11
11. Entire Agreement. This written Agreement, when signed by all parties
above identified, forms the entire Agreement between the Parties and replaces and
supersedes all prior Agreements or understandings between the Parties, if any.
12. Applicable Law. This Agreement shall be governed by, construed and
enforced in accordance with the laws of New York State with regard to conflicts of laws
and principles of law.
13. Waiver. 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.
14. Modification. This Agreement constitutes the complete understanding of the
parties. This Agreement may not be modified unless approved by a Resolution of the
TOWN authorizing a written modification to the Agreement and said modification is signed
by both parties.
15. Notices. All notices, demands, requests, consents, approvals or other
communications (for the purpose of this paragraph collectively called "Notices") required or
permitted to be given hereunder to any party to this Agreement shall be in writing and shall
be sent by overnight delivery service (Federal Express or equivalent) or registered or
certified mail, return receipt requested, postage prepaid, addressed as follows, or to such
other address as such party shall have specified most recently by like Notice.
12
If to ADAMS, to:
Adams Fairacre Farms
195 Dutchess Turnpike
Poughkeepsie, New York 12601
Attn. Donald Adams and Patrick Adams
With a copy to:
Stephen E. Diamond, Esq.
Gellert & Klein, P.C.
75 Washington Street
Poughkeepsie, NY 12601
If to TOWN, to:
Christopher J. Colsey, Supervisor
Town of Wappinger
20 Middlebush Road
Wappinger Falls, New York 12590
With a copy to:
Albert P. Roberts, Esq.
Vergilis, Stenger, Roberts & Davis, LLP
1136 Route 9
Wappingers Falls, New York 12590
or Successor Attorney to Town
Notices given as provided above shall be deemed given on the date so mailed.
16. Binding Effect and Duration. The terms, covenants, and agreements
herein contained shall be binding on the parties hereto, there respective heirs,
distributees, legal representatives, successors and assigns, and ALL TERMS AND
COVENANTS HEREIN SHALL RUN WITH THE LAND EFFECTED HEREBY AND
SHALL BE PERPETUAL IN DURATION.
CADocuments and Settings\Chris Masterson\Local Settings\Temporary Internet Files\OLK4B\WATER-SEWER CONSTRUCTION
AGMT- revi$ed.doc
Last Revised 12/03/08
13
17. Successors and Assigns. This Agreement shall apply to and bind the
successors and assigns, heirs, administrators and executors of the parties hereto.
18. Exhibits. All of the Exhibits annexed hereto shall be deemed to be and the
same are hereby made a part of this Agreement.
19. Assignment. ADAMS reserves the right to assign this Agreement to
another corporation, limited liability company or other business entity provided the
assignee takes title to the STORE PARCEL on five days advanced notice to the TOWN.
IN WITNESS WHEREOF, the parties have each executed this Agreement in
four counterparts, each of which shall constitute an original, as of the day and date first
above written.
ADAMS FAIRACRE FARMS
in
TOWN OF WAPPINGER
By:
CHRISTOPHER J. COLSEY, SUPERVISOR
Graham Foster, in his capacity as Highway Superintendent of the Town of
Wappinger, joins in the execution of this document as evidence of his consent to
comply with the provisions of Highway Law Section 171 to abandon unneeded
portions of Old State Road as identified in Exhibit "B".
Date:
GRAHAM FOSTER,
HIGHWAY SUPERINTENDENT
1%W
14
STATE OF NEW YORK )
) ss.
COUNTY OF DUTCHESS)
On the day of , 2008, before me the undersigned, a Notary Public in
and for the State, personally appeared , personally 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 Public
STATE OF NEW YORK )
) ss.
COUNTY OF DUTCHESS)
On the day of , 2008, before me the undersigned, a Notary Public
in and for the State, personally appeared CHRISTOPHER J. COLSEY, personally 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 Public
C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Intemet Files\OLK4B\WATER-SEWER CONSTRUCTION
AGMT- revised.doc
Last Revised 12/03/08
15
LIST OF EXHIBITS
AGREEMENT FOR CONSTRUCTION AND INSTALLATION
OF WATER AND SEWER LINES
Exhibit "A" — Legal Description for "Store Parcel"
Exhibit "B" — Legal Description and Map for abandoned unneeded portion of
Old Post Road
Exhibit "C" — Map for placement of a stop sign on Old Post Road
PRIVILEGED AND CONFIDENTIAL
Agreement between Adams Fairacre Farms, Inc. and the Town of Wappinger
Summary of Provisions
912. Sewer:
• Adams will construct a new sewer main extension from the Heartland (ACURA
Dealership) property South to a point near Fowlerhouse Road and then Easterly
across Route 9 to the proposed ADAMS site.
• Town Engineer will approve all such plans, subject to the review and approval
of the Dutchess County Health Department.
• TOWN authorizes ADAMS to utilize the TOWN -owned Heartland Sewer
Easement for the purpose of construction.
• ADAMS to be treated as a tenant to WST/TIA-3A and consents to be included in
a new sewer improvement or sewer district.
912.4. Fees:
• Tenant fee shall be equal to Benefit Assessments and Operation and Maintenance
charges ("O&M") as if the STORE PARCEL were originally included in the
Wappinger Sewer Transmission/ Treatment Improvement Area -3A - pro -rated
from time of connection.
1[2.5. Surcharge:
• If sewer discharge from the ADAMS site exceeds 8,000 gallons per day or 729,000
gallons on a quarter- annual basis, ADAMS will pay a surcharge of 25% of the
sewer rate charged for said quarter annual billing.
• TOWN will waive the 30% sewer surcharge otherwise required by Town Code
Section 236-6.c.
1[3. Water:
• ADAMS will construct a water main along the Route 9 right-of-way to a point
near Fowlerhouse Road and then Easterly to the ADAMS site.
• Plans will be approved by the Town Engineer, subject to review and approval by
the Dutchess County Health Department and New York State DEC.
• ADAMS consents to extension of water district.
0 TOWN will waive 30% O&M surcharge.
• TOWN to supply up to a maximum of 25,000 gallons per day with separate
meters for domestic water usage and for irrigation usage.
• ADAMS will pay a tenant rate equal to capital Benefit Assessments and O&M
charges based on metered usage.
• There will be a 25% surcharge for excess water usage — note — this is in addition
to incremental rates already in TOWN water rate structure.
y[4. Professional Reviews and Inspection Fees:
• ADAMS to pay for all professional review and inspection fees.
q[5. Dedication of Water and Sewer Mains:
• Water and Sewer Mains will be dedicated to the Town.
1[6.Dedication of Easements:
• ADAMS will dedicate any additional easements.
'17.Additional Conditions:
• TOWN will abandon unneeded portion of Old Post Road, permit placement of a
stop sign on Old Post Road and permit the reduction of loading docks from 9 to
2.
19. Insurance•
• ADAMS will name TOWN Certificate Holder under its insurance policy and
will generally indemnify the TOWN from all claims on account of injury to
person or property.
110. Building Permit:
• The Agreement is to be recorded in the Dutchess County Clerk's Office.
From:
December 5, 2008
Chris Colscy, Supervisor
and Meinbcra of the Town Board
Town of Wappinger
20 Middlebush. Road
Wappingers Falls, NY 12590
ltc: Adams Fairacre farms Site Plan
Tax Grid 4 6157-04-649374/614375/64+)335
152,154 & 158 Old Post Road
,Tobtt 1.1412,011
Dear Supervisor Colsey and Town Board Members -
To: 845 298 1478 P.2}3
�'o
Clark Patterson Lee
UE31GN PR0FFR4[()NAC;
Clark Patterson Lee (CPI.) has completed a review of the following materials related the
availability of water supply capacity to Allow for the extemion of the United Wappinger
Water District to serve the needs of the; proposed Adams Fairacre farms Store:
• Preliminary Engineer's Report —,Extension of United Wappinger Water District
prepared by Morris Associates, PLLC dated September 2008 and revised Table I-
1 dated December 2008
• Powerpaint presentation prepared by Paggi, Martin & Del Bene, LLP
+ Paggi., Martin & Del Bene, I.i.P correspondence dated August 8, 2007
• Paggi, Martin & Del Bene, LLP correspondence dated July 9, 2007
CPL'S review of the shove referenced documents has been conducted with respect to the
requirement for the development of a Water Supply Application for submittal to the. New
York State Department of Environmental Conservation (NYST)rV) and revicw by the
New York State cpartnient of Health (NYSDOII) and Dutchess County Department of
Hcalth (DC I)OH)_ The United Wappinger Water District Water Supply .Permit will be
required to be revised to show the extension of the service area to include the Adams
Fairacre Farms (Adams) property. Based on C'P1.'s review of thu above referenced
material, we agree with the conclusions that the water supply capuc;ity is available to
allow for the extension of the offer the United Wappinger Water District to serve the
needs of the proposed Adams Fall -acre l;aimis Store as further summarized and described
below:
1. While the approach to the conclusions offered by Morris Associates, PLLC anti
Paggi Martin & .Uel 13ene, LLP differ slightly, eacl, firm contrluded that water
supply capacity is available to serve Adam,
900 Corporate riMirpvarrl
NAwhiegh, NY 12550
cialkpaRuryun.Cc)M
t;45.567.6700 TFI
8-15.557.9614 rA x
DEC -05-200e 09:47 From: To: 845 292 1473 P.3/3
Suprivisar COISCV all i'Cuwn &;ail McIIIre«
Dcumhc r S. _(AIX
PUVU
2. In our opinion the awsun,ptions presented by .Moms Associates are reasonably
conservative with respect to typical design guidance provided by the NYS-DEC
and NYSDOH,
3_ While each report also shows that there is waxer supply eapacity available to serve
various study areas, li►r the purpose of the Water Supply Application, the water
dernrands of dicsu study areas would not he considurud by the NYSDFC as these:
are. s are not formally a part of the approved scxvice area.
If you have any questions or comments, feel Ircc to call me_
Sincgrcly,
CLARK PATTERSON LFF
Cres; W'. Bolner, P.E.
Principal Associate
cc: Albert P. Robert,,,, Fscl.
David 5tolmnn, AICD
Georgc Kotb
Michael P. '1'reluper