2012-218
2012-218
Resolution Authorizing Execution of Agreement for Extension of Water and Sewer
Districts by Amora, LLC, Eduardo & Lucia Lauria and Robert Tompkins
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 August
13,2012.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
Barbara Gutzler
William H. Beale (Arrived at 7:31PM)
Vincent F. Bettina (Arrived at 7:47 PM)
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Kuzmicz.
WHEREAS, AMaRA is the owner of certain real property located at 114 Old Post
Road, Town of Wappinger, Dutchess County, New York, also identified by tax grid # 135689-
6157-04-623465 (hereinafter referred to as the "Amora Parcel"); and
WHEREAS, LAURIA is the owner of certain real property located at 1 02 Old Post
Road, Town of Wappinger, Dutchess County, New York, also identified as tax grid # 135689-
6157-04-625489 (hereinafter referred to as the "Lauria Parcel"); and
WHEREAS, TOMPKINS is the owner of certain real property located at 124 Old Post
Road, Town of Wappinger, Dutchess County, New York, also identified as tax grid # 135689-
6157-04-630435 (hereinafter referred to as the "Tompkins Parcel"); and
WHEREAS, the Tompkins Parcel is located to the immediate south of the Amora Parcel
and is adjacent and contiguous thereto; and
WHEREAS, the Lauria Parcel is located to the immediate north of the Amora Parcel and
is adjacent and contiguous thereto; and
WHEREAS, the Town of Wappinger, through the United Wappinger Water District and
the United Wappinger Sewer District are the owners of certain water and sewer mains which are
located on Old Post Road and are located immediately in front of a parcel owned by MDA
Associates (hereinafter referred to as "MDA"), a New York General Partnership, with an address
of 134 Old Post Road, Town of Wappinger, Dutchess County, New York, also identified as tax
grid # 135689-6157-04-633403; and
WHEREAS, the Tompkins Parcel is located to the immediate north of the MDA Parcel
and is adjacent and contiguous thereto; and
WHEREAS, the MDA Parcel is connected to the municipally owned water and sewer
mains; and
WHEREAS, AMaRA, LAURIA and TOMPKINS are about to or have entered into a
"Water and Sewer Easement Agreement" with MDA to connect to the water and sewer lines
located within the MDA Parcel, which will permit connection of the Amora, Lauria and
Tompkins Parcels to the municipally owned water and sewer mains located in Old Post Road
adjacent to the MDA Parcel; and
WHEREAS, the Attorney to the Town, in consultation with the Town Supervisor,
Engineer to the Town, and Michael Tremper of Camo Pollution Control, have negotiated the
terms and conditions pursuant to which the AMORA, LAURIA and TOMPKINS parcels will be
permitted to connect to the water and sewer lines respectively operated by UWWD and UWSD,
consistent with Town Codes, Rules and Regulations, all as set forth in the "Agreement for
Extension of Water and Sewer Districts" (hereinafter "Extension Agreement"); and
WHEREAS, the Town Board members represent that they have each reviewed the
aforementioned Extension 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 Extension
Agreement between the Town Board of the Town of Wappinger by and on behalf
of the United Wappinger Water District and the United Wappinger Sewer District,
and Amora, LLC, Eduardo & Lucia Lauria and Robert Tompkins, and concurs
with the provisions contained therein, and authorizes the Town Supervisor,
Barbara A. Gutzler, to execute the Extension Agreement in the same format as
attached hereto and made a part hereof, marked and designated Exhibit "1",
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMA Y CZARNIECKI, COUNCIL WOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
AYE
AYE
Dated: Wappingers Falls, New York
8/13/2012
The Resolution is hereby duly declared adopted.
~A/U~~.
HRISTINE FULTON, TOWN CLERK
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EXHIBIT "1"
AGREEMENT FOR EXTENSION OF WATER AND SEWER DISTRICTS
THIS AGREEMENT made the _ day of August, 2012, by and between
THE TOWN BOARD OF THE TOWN OF WAPPINGER
with offices situated 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
UNITED WAPPINGER WATER DISTRICT,
(hereinafter referred to as "UWWD") and the
UNITED WAPPINGER SEWER DISTRICT,
(hereinafter referred to as "UWSD"),
and
AMORA, LLC,
a New York Limited Liability Company
with an address at
1113 Main Street, Fishkill, New York 12524
(hereinafter referred to as "AMORA"),
and
EDUARDO LAURIA and LUCIA LAURIA
whose address for the purposes of this Agreement is
1113 Main Street, Fishkill, New York 12524
(hereinafter referred to collectively as "LAURIA"),
and
ROBERT TOMPKINS
whose address for the purposes of this Agreement is
24 Straub Drive, Pleasant Valley, New York 12569
(hereinafter referred to as "TOMPKINS").
WITNE~~E TH:
WHEREAS, AMORA is the owner of certain real property located at 114 Old Post
Road, Town of Wappinger, Dutchess County, New York, also identified by tax grid # 135689-
6157-04-623465, and more particularly described in Schedule "1" attached hereto (hereinafter
referred to as the "Amora Parcel"); and
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WHEREAS, LAURIA is the owner of certain real property located at 102 Old Post
Road, Town of Wappinger, Dutchess County, New York, also identified as tax grid # 135689-
6157-04-625489, and more particularly described in Schedule "2" attached hereto (hereinafter
referred to as the "Lauria Parcel"); and
WHEREAS, TOMPKINS is the owner of certain real property located at 124 Old Post
Road, Town of Wappinger, Dutchess County, New York, also identified as tax grid # 135689-
6157-04-630435, and more particularly described in Schedule "3" attached hereto (hereinafter
referred to as the "Tompkins Parcel"); and
WHEREAS, the Tompkins Parcel is located to the immediate south of the Amora Parcel
and is adjacent and contiguous thereto; and
WHEREAS, the Lauria Parcel is located to the immediate north of the Amora Parcel and
is adjacent and contiguous thereto; and
WHEREAS, the Town of Wappinger, through the United Wappinger Water District and
the United Wappinger Sewer District are the owners of certain water and sewer mains which are
located on Old Post Road and are located immediately in front of a parcel owned by MDA
Associates (hereinafter referred to as "MDA"), a New York General Partnership, with an address
of 134 Old Post Road, Town of Wappinger, Dutchess County, New York, also identified as tax
grid # 135689-6157-04-633403; and
WHEREAS, the MDA Parcel is connected to the municipally owned water and sewer
mains; and
WHEREAS, AMORA, LAURIA and TOMPKINS have entered into an "Water and
Sewer Easement Agreement" with MDA to connect to the water and sewer lines located within
the MDA Parcel, which will permit connection of the Amora, Lauria and Tompkins Parcels to
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the municipally owned water and sewer mains located in Old Post Road adjacent to the MDA
Parcel; and
WHEREAS, the Tompkins Parcel is located to the immediate north of the MDA Parcel
and is adjacent and contiguous thereto; and
WHEREAS, AMORA, LAURIA and TOMPKINS have petitioned the TOWN to extend
the UWWD and the UWSD to include their respective parcels within said Districts upon 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, AMORA, LAURIA and
TOMPKINS and the TOWN, on behalf of the UWWD and the UWSD hereby agree as follows:
1. Recitations. The recitations above set forth are hereby incorporated into this
Agreement as if fully set forth herein.
2.
Contine:encies.
This Agreement is expressly conditioned upon and subject to
the Town Board of the Town of Wappinger adopting a Public Interest Order duly extending the
jurisdictional boundaries of the UWWD and the UWSD to incorporate the Amara, Lauria and
Tompkins Parcels therein.
3.
Construction of Service Connections.
AMORA, LAURIA and TOMPKINS
agree to construct lateral service connections of water and sewer lines, which lateral service
connections with be interconnected with the service lines located within the MDA Parcel. The
construction of the lateral service connections of water and sewer lines will be constructed and
completed in accordance with plans and specifications approved by the Engineer to the Town,
Robert J. Gray, P.E. The plans and specifications for the construction of the lateral service
connections of water and sewer lines have been prepared by Lawrence J. Paggi, P.E., copies of
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which have been placed on file with the Town Clerk of the Town of Wappinger. The plans and
specifications above referenced are deemed to be part of this Agreement.
4. Consent to Inclusion in UWWD and UWSD. In the event the TOWN
undertakes and adopts a Public Interest Order authorizing an extension of the UWWD and the
UWSD, AMORA, LAURIA and TOMPKINS, for themselves, their heirs, successors and
assigns, hereby affirmatively agree not to object or oppose in any manner the formation of such
extension to the UWWD or the UWSW which would include the Amora Parcel, the Lauria
Parcel and the Tompkins Parcel.
5. Assil!:nment of Benefit Units for Capital Assessments. AMORA, LAURIA and
TOMPKINS expressly acknowledge that upon inclusion in the UWWD or the UWSD, the
Amora Parcel, the Lauria Parcel and the Tompkins Parcel will be assigned capital benefit
assessments by the Town of Wappinger Assessor, in accordance with the established formula for
benefit assessments for the UWWD and the UWSD; each parcel will be assessed annual capital
benefit assessment charges in accordance with the aforementioned formula.
6. Operation and Maintenance Charl!:es (O&M)
6.1 Water. Each of the parcels will also be charged for Operation and
Maintenance expenses for water consumed based on metered usage in accordance with Town
Code S 234.44 A.(2).
6.1.1 One master meter to monitor water consumption shall be installed
near the connection point to the MDA Water Line in accordance with the above referenced plans
and specifications. AMORA, LAURIA and TOMPKINS, will be charged for water usage
(O&M rates) in accordance with the water rates annually established for commercial users in the
United Wappinger Water District. Water meters will be installed on the TOMPKINS parcel as
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shown on the plans and specifications above referenced. Two metered lines will be constructed.
One metered line shall be the water service for the TOMPKINS parcel and the other metered line shall
be for the AMaRA and LAURIA parcels. TOMPKINS shall be responsible for maintenance of the water
line serving the TOMPKINS parcel and AMaRA and LAURIA shall be responsible for maintenance of
the water line serving the AMaRA and LAURIA parcels.
6.1.2 The TOWN will send one bill to AMaRA and LAURIA, or their
successors and assigns, and one bill to TOMPKINS, or his successors and assigns..
6.1.3. Each of the parcel owners acknowledge that non-payment of a
water bill for Operation and Maintenance Charges will be re-levied on their respective State,
County and Town tax bills.
6.1.4. The AMORA parcel shall be the parcel that shall have the account
with UWWD for water usage for the line servicing the AMORA parcel and LAURIA parcel. The
LAURIA parcel shall be a sub-account to the AMORA parcel and shall have its own meter. The
owners of the LAURIA parcel shall pay to the owners of the AMORA parcel at the rates in effect
for its metered usage, as established by the TOWN. The TOWN acknowledges that the owners
of the AMORA parcel shall have lien rights against the owners of the LAURIA parcel for unpaid
water charges. The owners of the AMORA parcel shall also bear the risk of water loss between
the master meter off the water main to the two meters in the meter pit on the TOMPKINS parcel.
6.2 Sewer. AMORA, LAURIA AND TOMPKINS each acknowledge that
Operation and Maintenance Charges for sewer are based on the total number of capital benefit
units assigned to each parcel and each parcel will be billed Operation and Maintenance Charges
based on the benefit units assigned to each parcel in accordance with the District's standard
policy for sewer billing.
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6.2.1. There will be no metered Operation and Maintenance Charges for
sewer use.
6.2.2. Each of the parcel owners acknowledge that non-payment of a
sewer bill for Operation and Maintenance Charges will be re-Ievied on their respective State,
County and Town tax bill.
7. Representation of Water and Sewer Needs. The ability of the UWWD to
extend the jurisdictional boundaries of the Water District is limited by the available capacity of
the UWSD to produce sufficient quantities of potable water. The first priority of UWWD is to
provide water to the existing parcels located within the District. Similarly, by Contract, the
UWSD has a limited sewer treatment capacity at the Tri-Municipal Sewer Plant and the
extension of the jurisdictional boundaries of the UWSD requires the consent of the Tri-
Municipal Sewer Commission. In consideration of inclusion into UWWD and UWSD, AMORA,
LAURIA and TOMPKINS hereby represent that their projected water and sewer needs for their
respective parcels are as follows:
7.1. AMORA represents that it will not need or use more than 1,000 gallons of
water per day, or 91,250 gallons on a quarter-annual basis. AMORA further represents it will not
discharge more than 1,000 gallons of sewage per day or 91,250 gallons on a quarter-annual basis.
Because of the limited availability of water production capacity by the UWWD and the
availability of sewer treatment capacity, the TOWN, on behalf of the UWWD and the UWSD,
hereby imposes a surcharge for excess water usage or sewer discharge as follows:
7.1.1. In the event the Amora Parcel utilizes in excess of 91,250 gallons
of water for any quarter-annual billing period, based on metered domestic water usage, AMORA,
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or its successors and assigns will pay a surcharge of 25% of the water rate charge for said
quarter-annual billing.
7.1.2. Similarly, in the event the Amora Parcel discharges in excess of
91,250 gallons of sewage for any quarter-annual billing period, based on metered domestic water
usage, the Amora Parcel will pay a surcharge of 25% of the sewer rate charge for said quarter-
annual billing period.
7.2. . LAURIA represents that it will not need or use more than 320 gallons of
water per day, or 29,200 gallons on a quarter-annual basis. LAURIA further represents it will not
discharge more than 320 gallons of sewage per day or 29,200 gallons on a quarter-annual basis.
Because of the limited availability of water production capacity by the UWWD and the
availability of sewer treatment capacity, the TOWN, on behalf of the UWWD and the UWSD,
hereby imposes a surcharge for excess water usage or sewer discharge as follows:
7.2.1. In the event the Lauria Parcel utilizes in excess of 29,200 gallons
of water for any quarter-annual billing period, based on metered domestic water usage,
LAURIA, or its successors and assigns will pay a surcharge of 25% of the water rate charge for
said quarter-annual billing.
7.2.2. Similarly, in the event the Lauria Parcel discharges in excess of
29,200 gallons of sewage for any quarter-annual billing period, based on metered domestic water
usage, the Lauria Parcel will pay a surcharge of 25% of the sewer rate charge for said quarter-
annual billing period.
7.3. TOMPKINS represents that it will not need or use more than 200 gallons
of water per day, or 18,250 gallons on a quarter-annual basis. TOMPKINS further represents it
will not discharge more than 200 gallons of sewage per day or 18,250 gallons on a quarter-
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annual basis. Because of the limited availability of water production capacity by the UWWD and
the availability of sewer treatment capacity, the TOWN, on behalf of the UWWD and the
UWSD, hereby imposes a surcharge for excess water usage or sewer discharge as follows:
7.3.1. In the event the Tompkins Parcel utilizes in excess of 18,250
gallons of water for any quarter annual billing period, based on metered domestic water usage,
TOMPKINS, or its successors and assigns will pay a surcharge of 25% of the water rate charge
for said quarter annual billing.
7.3.2. Similarly, in the event the Tompkins Parcel discharges in excess of
18,250 gallons of sewage for any quarter annual billing period, based on metered domestic water
usage, the Tompkins Parcel will pay a surcharge of25% of the sewer rate charge for said quarter
annual billing period.
7.4. Because of the limited capacity of potable water availability and sewage
treatment capacity, compliance with the surcharge for excess consumption is a conditioned
precedent for continued connection to the UWWD and the UWSD until such time as the UWWD
or the UWSD acquires increased water production capacity or sewer treatment capacity as the
case may be.
8. Cauital Reimbursement to Districts. In consideration of the extension of the
jurisdictional boundaries of the UWWD and the UWSD to the Amora Parcel, Lauria Parcel and
Tompkins Parcel, each of the respective property owners shall pay a capital buy-in fee to the
respective Districts in accordance with Town Code S 236-6. Payment of these capital buy-in fees
is a condition precedent to the interconnection of the subject parcels to the UWWD and the
UWSD and such payment must be paid prior to the Town Board adopting a Public Interest Order
extending their respective Districts. The buy-in fees will be based on the estimate of water and
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sewer needs represented in paragraph 7 above. In the event any parcel exceeds its represented
amount of usage for three (3) successive quarters, the parcel owner shall pay an additional buy-in
fee based on the difference between the represented usage and the actual usage, in accordance
with Town Code S 236-6, provided UWWD and UWSD have sufficient capacity to allocate for
this additional usage. Once the additional buy-in fee is changed, the O&M surcharge for water
and sewer usage will only be charged for amounts in excess of the revised usage.
9. Connection to District Owned Water and Sewer Mains.
9.1. It is expressly understood that the TOWN, on behalf of the UWWD and
the UWSD has permitted connection to the Water and Sewer Districts via the service lines to be
constructed in accordance with paragraph 3 above. In the event that either the UWWD or the
UWSD extends District owned water or sewer mains along Old Post Road or other public right-
of-way, AMaRA, LAURIA and TOMPKINS agree to abandon their respective interconnection
to the service laterals described in paragraph 3 and agree to construct and interconnect with the
District owned water or sewer mains located in the public right-of-way. Such abandonment and
new connection must be completed within 6 months of notice by the TOWN and/or the
respective District to the parcel owners that municipal water or sewer lines have been extended
to the public right-of way and are available for connection.
9.2 AMaRA, LAURL^.. and TOMPKINS hereby ackno\vledge that they may
be assigned and assessed additional Benefit Units by thc TO\\TI 1^..ssessor, to pay for their pro rata
share of construction costs in the cT/ent the TOWN undertakes a water line extension for UWWD
or a sewer line extension for U\VSD along Old Post Road. As consideration for entry into
UWWD or UWSD, AMORA, LAURIA and TOMPKINS waive objection to inclusion in any
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such water or sewer district extension which includes a water or sewer line extension as above
described.
9.3. Failure to abandon the connection described in paragraph 3 within three
(3) months shall result in a 25% surcharge of all Operation and Maintenance Charges for water
and sewer billed thereafter until such time as the new connection is made. If non-payment occurs
for six (6) months or more, the TOWN has the right, but not the obligation, to disconnect the
subject parcels from the applicable water or sewer district lines.
10. Performance of Work.
10.1. 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. AMORA, LAURIA and TOMPKINS and/or
their contractors or subcontractors 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.
10.2. Comuliance. All work performed under this Agreement shall be done
according to the highest standards of the trades involved, and shall conform to and be subject to
the requirements of any utilities, and any and all Federal, State and Local Laws, Codes, Rules,
Regulations and Statutes that may be in effect by any governmental agency having jurisdiction of
the work (i.e. acquisition of applicable permits).
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1 0.3. 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.
10.4 Survey and Test Results. At the conclusion of all construction work
necessary to implement the interconnection of the water and sewer lines to UWWD or UWSD,
AMORA, LAURIA and TOMPKINS shall provide the TOWN with an "As Built Survey" as
well as satisfactory microbiological test results for- the water lines. The Town Engineer shall
witness pressure testing ofthe both the water and sewer lines.
11. Reimbursement of Professional Review and Inspection Fees. AMORA,
LAURIA and TOMPKINS will be responsible for and will promptly reimburse the TOWN
and/or UWWD and/or UWSD for all costs incurred by the TOWN in negotiating, drafting,
monitoring and implementing the provisions of this Agreement, as well as all professional
review and professional inspection fees incurred by the TOWN in connection with this
Agreement and in connection with professional inspection fees incurred during the construction
of the water and sewer mains described in paragraph 3 above. The extent and frequency of
professional review and professional inspection shall be in the sole discretion of the TOWN.
12. Insurance.
12.1. Certificate. AMORA, LAURIA and TOMPKINS 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.
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12.2. Indemnification. AMaRA, LAURIA and TOMPKINS, 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.
13. Entire Ae:reement. 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.
14. 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.
15. 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.
16. 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.
17. 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
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receipt requested, postage prepaid, addressed as follows, or to such other address as such party shall
have specified most recently by like Notice.
If to AM ORA, to:
Amora, LLC
1113 Main Street
Fishkill, New York 12524
Attn: Eduardo Lauria
With a copy to:
John R. Marvin, Esq.
Marvin and Marvin, PLLC
P.O. Box 151
6369 Mill Street
Rhinebeck, New York 12572
If to LAURIA, to:
Eduardo Lauria and Lucia Lauria
1113 Main Street
Fishkill, New York 12524
With a copy to:
John R. Marvin, Esq.
Marvin and Marvin, PLLC
P.O. Box 151
6369 Mill Street
Rhinebeck, New York 12572
If to TOMPKINS, to:
Robert Tompkins
24 Straub Drive
Pleasant Valley, New York 12569
With a copy to:
Joel Hanig, Esq.
Hanig & Schutzman, LLP
2 IBM Road, Suite 210
Poughkeepsie, New York 12601
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If to TOWN, to:
Barbara A. Gutzler, Supervisor
Town of Wappinger
20 Middlebush Road
Wappinger Falls, New York 12590
or Successor Supervisor
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.
18. Bindine: 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.
19. Successors and Assie:ns. This Agreement shall apply to and bind the successors and
assigns, heirs, administrators and executors of the parties hereto.
20. Exhibits. All of the Exhibits annexed hereto shall be deemed to be and the same are
hereby made a part of this Agreement.
21. Assie:nment. AMORA, LAURIA and TOMPKINS reserve the right to assign
this Agreement to another corporation, limited liability company or other business entity
provided the assignee takes title to the Amora Parcel, Lauria Parcel or the Tompkins Parcel on
five days (5) advance notice to the TOWN.
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22. Recordifi!~.
EXHIB IT "1 "
This Agreement or a Memorandum thereof shall be filed in the
Dutchess County Clerk's Office as soon as practicable after execution of this Agreement.
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.
TOWN OF WAPPINGER
By:
BARBARA A. GUTZLER, SUPERVISOR
AMORA, LLC
By:
JOHN R. MARVIN, authorized agent
EDUARDO LAURIA, by John R. Marvin as his attomey-
in-fact
LUCIA LAURIA, by John R. Marvin as her attomey-in-
fact
ROBERT TOMPKINS
STATE OF NEW YORK )
) ss.
COUNTY OF DUTCHESS )
On the _ day of August, 2012, before me the undersigned, a Notary Public in and for the
State, personally appeared BARBARA A. GUTZLER, Town Supervisor 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 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 this instrument.
Notary Public
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and Sewer Districts - JRM - 8 7 12 Redlined.doc
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STATE OF NEW YORK )
) ss.
COUNTY OF DUTCHESS)
On the _ day of August, 2012, before me the undersigned, a Notary Public in and for the
State, personally appeared John R. Marvin, 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 August, 2012, before me the undersigned, a Notary Public in and for the
State, personally appeared ROBERT TOMPKINS, 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 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
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