Supplemental Agreement
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SUPPLEMENTAL AGREEMENT
AGREEMENT between THE COUNTY OF DUTCHESS, a Municipal
Corporation, party of the first part, and THE TOWN OF WAPPINGER,
THE VILLAGE OF WAPPINGERS FALLS, THE TOWN OF POUGHKEEPSIE,
THE CITY OF POUGHKEEPSIE and THE TOWN OF LA GRANGE, all
Municipal Corporations, parties of the second part,
WHEREAS, an agreement exists between the parties hereto
whereby the party of the first part did grant to the parties of
the second part, the right, license, privilege and permission
to maintain a.)andfill o~eratiqn in and on certain tract of
land adjacent to the County Airport in the Town of Wappinger,
Dutchess County, New York, and
M1EREAS, the parties are cognizant of the need for certain
capital improvements at said site, which capital improvements
are required by the party of the first part through its Depart-
ment of Health, and
WHEREAS, the parties of the second part wish to continue
the use of said fa~ility and the party of the first part will
improve same at an estimated cost of up to Sixty-Five Thousand
($65,000.00) Dollars, and
WHEREAS, the parties of the second part agree that they
will individually and jointly each guarantee their proportionatcj
share of the sums expended by the party of the first part in
improving saip facility.
THEREFORE, in consideration of mutual covenants, it is
agreed:
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1. That all of the terms and conditions of the agreemertt
between the parties will remain in full force and effect except-I
ing they will be modified as provided herein.
2. The cancellation and/or termination clause is
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modified and changed to provide that the agreement may not be
cancelled by any party hereto upon sixty (60) days written
notice until the capital expenditure provided herein is repaid
to-the party of the first part.
3. The party of the first part agrees as expeditiously
as possible to correct the condition at the facility as reqtiired
by the Department of Health, being a department of the party of i
the first part, which improvement and capitalization will be
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considered and called phase I of such corrective procedure. It
is agreed between the parties that the maximum estimate of said
improvement will be Six-Five Thousand ($65,000.00) Dollars, and
the party of tHe first part wil~ let out for bids as expeditiously
as possible for the improvement which will be implemented and
completed under the guidance and direction of the party of the
first part for utilization by the parties of the second part.
4. Upon completion of said improvement, the parties of
the second part will repay to the party of the first part an
amount equal to one-twelfth of said improvement to include
necessary engineering and financing costs plus an estimate for
interest on any capitalization required by the party of the
first part and said one-twelfth payment will be made in addition
to the amounts paid for as provided in the agreement between
the parties on an equal basis over a twelve month period until
the same has been fully paid.
5. The patties of the second part each agree
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individually and jointly to be fully and completely responsible
to the party of the first part for the full amount of any
remaining amounts due to the party of the first part.
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6. It is agreed by and between the parties of the'
second part that in the event of a default by anyone or more of
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parties of the second part, then said defaulted sums will be pai~
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by the remaining parties of the second part and the remaining i
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parties may recover from the defaulted party such amounts either!
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by action in equity or law. I
IN WITNESS WHEREOF the parties entered into and executed j
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this agreement.
COUNTY OF DUTCHESS
(by).
County Executive, signed the
day of ,1972
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TOWN OF WAPPINGER
(by)
.. Supervisor, signed the
day of ,1972.
TOWN OF POUGHKEEPSIE
(by)
Superv1sor,signed the
day of -,1972.
CITY OF POUGHKEEPSIE
(by).
City
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Manager-Mayor,signed tnel
day of . ,1972.
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VILLAGE OF WAPPINGERS FALLS
(by)
Mayor, s1gned the
of
day
,1972
TOWN OF LAGRANGE
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(by)
Superv1sor,slgned the
day of .
,1972
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