1972-02-28
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AGREEl'-'lENT between THE COUNTY OF DUTCHESS, a municipal
corporation, Party of the First Part, and ~lE TOWN OF WAPPINGER,
THE VILLAGE OF WAPPINGERS FALLS, THE TOWN OF POUGHKEEPSIE, THE
CITY OF POUGHKEEPSIE and THE TOWN OF LaGRANGE, municipal
corporations, parties of the Second Part,
The Party of the First Part does hereby grant to each of
the parties of the Second Part, the right, license, privilege and
permission to maintain a landfill operation in and on the certain
tract of land described on Schedule "A" attached hereto and made a
part of this agreement, containing 53.4 acres of land more or less,
with the right anCi privilege to dump and fill on~said land, gar-
bage, ashes and refuse, until said land is properly filled, but in
no event for a term of more than ten (10) years commencing from
the date on which this agreement is signed and executed by all of
the necessary signators hereto, and terminating ten (10) years from
that date, if not sooner, cancelled in accordance with the terms
hereof.
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._ PAYMENT. Each of thQ Parties of the Second Part hereto
shall pay ~the-Party of the First Part on the first day of each
month, or the day n~arest thereto upon which such payment may be
made in accordance with their respective qovernment~l ~nd financial
procedures, the sum of FIFTY ($50.00) DOLLARS. The obligation to
pay shall be individual to each municipality and in the event that
one or more of the Party municipalities shall withdraw by cancellation,
or shall have failed to approve this agreement, the remaining
municipali ties will no't' be responsible for a con'tinuation of the
withdrawing municipality's monthly payment, which obligation shall
be deemed to terminate as of the date of cancellation.
USE OF PREHISES. It is contemplated that the Parties of
the SecondP"artwlTl operate a joint landfill operation on the
premises described, and each of said municipalities shall be in-
dividually', jointly and severally responsibie for the proper
conduct and operation of such landfill operation.
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RE~~~VATIqN. The Party of the First Part does hereby
reserve to J.tselTtTie right to authorize any other municipality to
enter upon and use the premises herein described for a landfill
operation, provided that said municipality has entered into an
agreement with each of the Parties of the Second Part hereto to
share upon a fair and equitable basis'the costs of such landfill
operation, and provided its obligations are 'substantially the same
as the obligations imposed upon such other parties by this agree-
ment .'
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RULES. The Parties of the Second Part and such other
Parties 'as mayne authorized hereunder, shall comply Hi th all
rules and regulations, whether Federal, State, County or Hunicipal
r~lating to the occupancy and use of said premises, and th~ opera-
t~ons thereon, and ~hall take all reasonable precautions to pre-
vent and suppress fJ.res thereon, and so far as may be required,
shall install and maintain at their sole expense, suitable and
adequate s~nitary facilities acceptable to the Party of the First
Part. The landfill operation upon said premises shall be conducted
in. accordance with the commonly accepted and approved methods for
such operation. I~ is hereby agreed that the Commissioner of
public Health and, the Commissioner of public \'Jorks of the County
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re~ocation or termination of this agreement, the parties shall
qUJ.etly and peaceably surrender the premises to the County of
Dutchess.
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of Dutchess, shall be the individuals who shall make the determin-
ation of whether such landfill operation is being conducted in a
safe, sanitary and reasonable manner. In the event that either or
both of these officers shall issue directives as to the manner of
such operation, failure to comply with such directive shall con-
stitute cause for cancellation of this agreement. The Parties of
the Second Part and any others subsequently authorized shall pro-
vide a custodian or other appropriate personnel to personally
supervise the area at all hours when it is open to the public;
shall adopt appropriate rules for its operation, and prohibit
dumping near the gates and fences, adopt a program of effective
rodent extermination and control, and cause alltgarbage and refuse
to be covered with clean fill to an adequate depth daily except
when prevented by weather conditions, and prohibit or properly
regulate the dumping of industrial waste, large quantities of
vegetables and of animal carcasses and entrails; the above provisions
are not to be deemed to be exclusive or limited to the obligations
set forth, but shall' be in addition to the general obligation to
maintain a clean, safe and satisfactory landfill operation. The
right to use of the pr~mises herein described is exclusive with the
Parties hereto, except as to those that are expressly authorized
by written permission of all of the Parties hereto, except that
"the County of Dutchess may use said premises only for its O\",n re-
fuse, waste and disposal.
\ ASSIGNABILITY. No rights under this agreement may be
assigned \vrthout-fhe-wri tten consent of the County of Dutchess.
INSURANCE. The'parties hereto shall provide the County
of Dutchess, a certlf~cate of insurance, providing for public lia-
bility insurance in the amount of $250,000/500,000 coverage for
p~rsona1 liability and $100,000 property damage, which policy
shall carry an "Occurrence Endorsement" and upon which the County
of Dutchess is named as an additional insured.
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It is further agreed that the rights granted hereunder
to the Parties of the Second Part shall be exercised at the sole
risk of said parties,. and, irrespective of any negligence on the
part of such parties shall indemnify and hold harmless the County
of Dutchess against any and all liability for damages, costs,.
losseS and expenses resulting from, arising out of, or in any way
connected with the occupation or use of said premises by said par-
ties, their agents, servants, employees, or users authorized by
them, including, but not limited to any causes arising from a judg-
ment that said-operation shall constitute a nuisance.
CANCELLATION AND/OR TEm1INATION. This agreement may be
cance),.led byan-y'party--he-reF6--upo-n--'srxty-(60) days written notice,
however, if one of the Parties of the Second Part cancels and/or
terminates this agreement, it shall not terminate or cancel this
agreement as to the remaining parties, provided further that the
right of cancellation or termination, if exercised by the County,
must be a cancellation or termination as to all the parties to this
agreement. Any notice of cancellation or termination must be in
writing and must be served upon the Office of the County Executive
as to the County of Dutchess, the Clerk of the Town or Village as
the case may be and upon the City Manager as to the City of Pough-
keepsie; or upon the grant of ~dditional rights to other municipali-
ties under this agreement upon the Clerk of that municipality. On
revocation or termination of this agreement, the parties shall
quietly and peaceably surrender the premises to the County of
Dutchess.
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, W~VEa. The,failure of any party hereto to fulfill
the ob11gat10ns estab11shed hereunder shall constitute a breach'
however, the failure to insist upon strict compliance with any ,
of the terms of this agreement shall not be construed as a waiver
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VILLAGE OF} Wl-\FPINGERS FJ'lLLS
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By: 'Lr: ( \,..>/ ,/:Z.LJ:../.-'-t/(/(1
,Hay-or ~-sTg~ed the--10th -
day of December, 1971
TOI'iN OF ILaGRAnG~
By : ~"-a'f.d' ~--n-J
superVIsor ,- ,gned the lOth
day of December 1971.
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SCHEDULE II A"
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ALL that certain lot, piece or parcel of land, lying and
being in the Town of Wappinger, County of Dutchess and State of
New York, being more partiCularly bounded and described as follOws,
BEGINNING at a point, said point being on the westerly
side of state Route 376 and being on e.e northern boundary of
the Dutchess county Airport; thence south 890 15' West 125+ feet
to a point on the east shore of Wappinger Creek, ~hich shore is
also the property line of the Dutchess county Airport; thence
southerlY and westerly along the eastern shore of Wappinger creek,
which is also the property line of the Dutchess county Airport,
2,400+ feet to a point; thence through the lands of Dutchess
county Airport South 260 00' East 1,290+ feet and North 660 40'
East 1,600+ feet to a point on the westerly side of state Route
376; thenCe northerly along the westerly side of statc Route 376
1,820+ feet to'the point or place of beginning, being 53.4 acres
more or les5.
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That in addition to tlte use of the prem~ses above de-
scribed the parties of the second part shall have the right to
purchase from the county of Dutchess earth for fill to be taken
from the hill, on the East side of Route 376, situate on the
Dutchess county Airport property. The parties hereto shall pay
5 cents per cubic yard for such fill to the county of Dutchess and
all hauling of the fill will be'done by said parties at their own
expense. The fill removed from said hill shall bl' used only on
the landfill site described in Schedule "A"" such removal of
fill shall be under the supervision of the commissioner of public
works of the County of Dutchess and this grant of right to re-
move said fill may be terminated by said commissioner at any ,time
and the termination of such right of taking fill shall not be
deemed to be a termination of the use of the premises described
in schedule "A" under the terms of this agreement.
It is further understood and agreed that any prior agree-
ments relating to the landfill at the Dutchess County Airport be-
tween the county of DutchesS, Town of wappinger and the villag"
of wappingerS Falls .shall be terminated and cancelled as of the
effective date of this agreement and this agreement shall be
deemed to be substituted for and to supersede any such prior
agreemen ts .
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The payment for the fill removed shall be made
semi-annually based upon a bill submitted to the Municipalities
by the 'c"nunissioner of public \~orks. Quanti ties shall be
determined by a survey of the borrow pit which shall be made
by the commissioner of public works.
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INSTALLATION. In the event it is necessary or desirable
to construcr-bulldlngs or roadways or other structures on the
premises, 'such installations shall be located upon sites or areas
approved by the Con@issioner of Public Works of the County of
Dutchess. Such approval shall be in writing, endorsed upon appropriation
maps or plans prior to the start of any construction or work.
WAIVEll. rrhe failure of any party hereto to fulfill
the obligations established hereunder shall constitute a breach;
however, the failure to insist upon strict compliance with any
of the terms of this agreement shall not be construed as a waiver
or relinquishment of any such terms, but the same shall remain
in full force and effect.
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PARTIES. Each municipality shall have thirty (30) days
from the date when this agreement is signed by the County Executive
to approve of said contract by proper resolution and become a
party to this agreement. In the.event that any municipality does
not approve and adopt this agreement within such thirty (30) day
period, such municipality shall be deemed not to t~ a party to
this . agreement and this agreement shall then be deemed to be bebV'een
municipalities which have approved this agreement in accordance
with, the provision.' In the event that this agreement is approved
by only one of the municipalit.ies, then all obligations, rights
and responsihili ties imposed u'nc1er this agreernen t shall be deemed
to be the right, obligation and responsibility of the approving
municipality, or municipalities, as the case may be.
INCORPORATION OF LAWS. All laws and statutes of the
State of New York, applicable to this contract are deemed to be
incorporated herein as though set forth and/or r:eferred to herein.
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IN WITNESS WHEPEOF, the parties have entered into and
executed this agreement.
Dated: l~~~uafl-\ l.-C(; , 197-V::
Tm.m OF POUGHKEEPSIE
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By: /. <' Ci.. ,L.),:
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Superv1sor, slgne
day December
COUNTYJ!, DU~CHESS -:l.. ' _
By: ~~~~ /r/ ~::r-uZ;~., C CJ-.
~ounty +:~ecutive, signed th'e db
cay of ~<;VCD:-\...\ ' 197K
::I:N \ PI~GE~, J1 '
S pervlsor, sfgned the ~
day of December , 1971.
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, 1971.
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