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2005-091it 06/27/2005.RGM RESOLUTION NO. 2005-091 RESOLUTION CONFIRMING LENGTH OF CONSTRUCTION OF WATER SERVICE LINE FOR WAPPINGER PARK WATER DISTRICT — EXTENSION II The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, North American Homes Equities, Inc. of 1136 Route 9, Wappingers Falls, New York, hereinafter referred to as "North American", is the contract vendee to purchase certain property located on Route 9 in the Town of Wappinger, hereinafter referred to as "Corporate Park Properties"; and WHEREAS, North American has received Conditional Final Site Plan Approval from the Town of Wappinger Planning Board for a commercial retail/office building, which Site Plan consists of three buildings, all as set forth in the Planning Board Resolution of Conditional Final Site Approval dated January 19, 2005; and WHEREAS, Heartland, LLC, hereinafter referred to as "Heartland", is the owner of certain property located at 1271 Route 9, Wappingers Falls, New York, which property is located to the immediate south of and is contiguous to the Corporate Park Property; and WHEREAS, the Heartland parcel contains an Acura dealership consisting of several buildings and related appurtenances for use as a new car dealership; and WHEREAS, the well servicing the Heartland parcel produces water of very poor quality, requiring significant treatment and monitoring for human consumption; and WHEREAS, because of the poor quality of water at the Heartland site, Heartland has requested to connect to the Town Water System known as Emergency Wappinger Water Improvement/19992-R (hereinafter referred to as "1999-20"); and WHEREAS, both North American and Heartland have mutually petitioned the Town to extend the Wappinger Park Water District, which Water District now receives water through 1999-20; and WHEREAS, North American and Heartland have agreed, at their own expense, to construct the water supply line from Old Hopewell Road southward along the westerly side of Route 9 to the Southside of the existing north entrance to the Heart Acura Dealership, all in accordance with a certain letter dated June 13, 2005 from Supervisor Joseph Ruggiero to North American Home Equities, Inc., a copy of which letter is attached hereto and made a part hereof marked and designated Exhibit "1"; and 0 06/27/2005.RGM WHEREAS, Resolution No. 369-2004 of the Town Board authorized Extension II to the Wappinger Park Water District to encompass the North American parcel as well as the Heartland parcel, which Resolution also authorized the Supervisor to negotiate the length of the water supply line to be constructed along the westerly side of southbound U.S. Route 9; and WHEREAS, North American and Heartland have agreed that the construction of the water supply lines will done in accordance with the Map, Plan and Report for the Wappinger Park Water District, Extension II, and the Plans and Specifications approved by the Dutchess County Health Department and the Engineers to the Town of Wappinger, Paggi, Martin & Del Bene; and WHEREAS, North American and Heartland have agreed to enter into a formal agreement with the Town of Wappinger for the construction of the water lines in form acceptable to the Attorney to the Town and the Engineer to the Town and as set forth in the letter dated June 13, 2005, attached as Exhibit "1"; and 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. Pursuant to Resolution No. 369-2004, the Town Board hereby confirms that North American Home Equities, Inc. will only be required to construct a water supply line along the westerly side of southbound Route 9 from Old Hopewell Road southward to the Southside of the existing north entrance to the Heart Acura Dealership located on Route 9, all as set forth in the letter of June 13, 2005 from Supervisor Joseph Ruggiero to North American Home Equities, Inc., a copy of which letter is attached as Exhibit "1". 3. The Town Board further ratifies and confirms the conditions set forth in Exhibit "1" and adopts the conditions as if fully set forth in this Resolution. 4. Supervisor Joseph Ruggiero is hereby authorized to enter into a contract with North American for the construction of the improvements - specified in the Map, Plan and Report dated October 8, 2001 in connection with Wappinger Park Water District, Extension II, as modified by the letter dated June 13, 2005 (Exhibit "1"), all in form as approved by the Attorney to the Town and the Engineer to the Town. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati,: Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. 0