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2005-104D RESOLUTION NO. 2005-104 RESOLUTION AUTHORIZING PROPERTY OF HEARTLAND, LLC TO CONNECT TO WAPPINGER SEWER TRANSMISSION/TREATMENT IMPROVEMENT AREA PHASE 3A, AS A TENANT At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, rr New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 5th day of July, 2005, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Council Members - Joseph P. Paoloni Robert L. Valdati Vincent F. Bettina U&J0W0k0ffdbV ABSENT: Maureen McCarthy The following Resolution was introduced by Mr. Valdati Mr. Paoloni and seconded by WHEREAS, Heartland, LLC (hereinafter "Heartland") is the owner of certain property located at 1271 Route 9, Wappingers Falls, New York (hereinafter the "Heartland Parcel"); and WHEREAS, Heartland has requested permission to connect to Wappinger Sewer Transmission/Treatment Improvement Phase 3A (hereinafter "WSTTIA-3A") as a tenant, and subject to Heartland constructing and installing certain sewer main improvements and granting IIan unspecified easement for sewer purposes to the Town and/or an unnamed sewer improvement area to be formed, as hereinafter set forth; and WHEREAS, North American Home Equities, Inc. (hereinafter "North American") is the contract -vendee for the purchase of certain property contiguous to and to the immediate north of O:\wappinger\town board\resolutions\heartland-res auth conn to wsttia-M the Heartland Parcel, which property has been the subject of a Resolution of Site Plan Approval for a Project known as "Corporate Park", which parcel is hereinafter referred to as the "Corporate Park Parcel"; and WHEREAS, North American and Heartland have agreed to share in the cost of construction of the sewer main from Cayuga Drive through Corporate Park to a point near the existing septic tank located within the Heartland Parcel; and WHEREAS, the Tri -Municipal Sewer Commission has previously granted permission to the Town to allow the Heartland Parcel to connect as a tenant to 3A. 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, on behalf of WSTTIA-3A hereby grants permission to Heartland to allow the Heartland Parcel and commonly known as 1271 Route 9, Wappingers Falls, New York (the location of the present Heart Acura Dealership) to become a tenant to WSTTIA-3A on the following conditions: (1) Heartland and/or North American will construct an extension of the sewer main from Cayuga Drive, through the Corporate Park Parcel, to the Heartland Parcel, to a point on the Heartland Parcel near the existing location of Heartland's septic tank. (2) The construction of the sewer main extension will be done in accordance with Plans and Specification approved by the Engineers to the Town of Wappinger, Paggi, Martin and Del Bene, subject to the approval of the Dutchess County Health Department. 0Awappinger\town board\resolutions\heartland-res auth conn to wsttia-M (3) Heartland and/or North American will also construct a water main extension from Old Hopewell Road southward along the westerly side of southbound Route 9 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. (4) Upon completion of construction of the water and sewer mains, Heartland and/or North American will dedicate the sewer and water mains to the Town of Wappinger and/or the Wappinger Park Water District and/or WSTTLIA- 3A, as the case may be, free and clear of any liens or encumbrances, together with any necessary easements, in form acceptable to the Attorney to the Town. (5) North American and/or Heartland will pay for all inspection fees incurred by the Town during the course of the construction of the water main and/or sewer main. (6) Heartland further agrees to grant an unspecified easement from the termination of the sewer main to be constructed to the southerly boundary of the Heartland Parcel, the exact location of the easement to be determined by the Engineers to the Town, Paggi, Martin and Del Bene, and in form satisfactory to the Attorney to the Town. (7) If within a period of two years from the date of this Resolution, the Town Board has duly adopted an Order establishing a further sewer improvement or sewer district, the boundaries of which include the Heartland Parcel, then Heartland, and/or North American shall construct an extension of the sewer main to the southerly boundary of the Heartland parcel, as determined by the O:\wappinger\town boardVesolutions\heartland-res auth conn to wsttia-3A Engineers to the Town, Paggi, Martin and Del Bene, or their successors; North American shall post a Performance Bond guaranteeing the construction of the sewer main as herein set forth. (8) As a further condition for permission to connect to the WSTTIA-3A, Heartland shall pay benefit assessments and Operation and Maintenance charges (O&M) as if originally included in WSTTIA-3A, commencing within the first year following the completion of the sewer main, until such time as the Heartland Parcel is included in a subsequent sewer improvement and/or sewer district. (9) In consideration of the construction of the sewer main and water main as herein set forth, the Town Board agrees that Heartland shall not be required to pay the thirty percent surcharge for O&M charges otherwise required by Town Code Section 236-6C. 3. The Town Board further authorizes the Supervisor to execute a formal contract, on behalf of the Town and/or WSTTIA-3A and/or Wappinger Park Water District with North American and/or Heartland for the construction of both the sewer main extension and water main extension, which contract shall include all the terms and conditions of this Resolution and be in form acceptable to 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 JOSEPH P. PAOLONI, Councilman Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Ave 0Awappingerltown board\resolutions\heartland-res auth conn to wsttia-3A MAUREEN MCCARTHY, Councilwoman Voting Absent Dated: Wappingers Falls, New York The Resolution is hereby duly declared adopted. July b, 2005 HN C. MAS ERSON , TOWN CLERK 0AwappingeAtown board\resolutions\heartland-res auth conn to wsttia-M