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2014-1092014-109 Resolution Authorizing Supervisor To Execute Amendment No. 1 To The "Agreement Between The City Of New York And The Town Of Wappinger, New York For Construction Of A Water Supply And Distribution System" 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 March 24, 2014. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Barbara Gutzler Councilmembers - William H. Beale Vincent F. Bettina(Arrived at 7:37PM) Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Bettina and seconded by Councilman Kuzmicz. WHEREAS, the New York City through its Department of Environmental Conservation (hereinafter "NYC DEP") and the Town of Wappinger (hereinafter the "Town") are parties to an Agreement dated August 31, 2012 pursuant to which the Town was obligated to construct a water main to NYC DEP's construction site, and, to the extent that funding is available, to install a new water distribution system in the Chelsea Hamlet area, which would expand the existing water district; and WHEREAS, the Agreement contained dates for certain construction milestones that the Town was obligated to achieve in order to avoid default and continue to receive funding under the Agreement; and WHEREAS, the Agreement also specified the parcels to be included in the water district expansion, which make up the "Phase II Service Area," subject to certain approvals the Town was required to receive under its local law; and WHEREAS, NYC DEP and the Town have agreed to sequence the construction of the Phase II Service Area into Phase IIA and Phase IIB; and WHEREAS, Section 7B of the Agreement provides that the Phase II Service Area, as shown on Exhibit A of the Agreement, may be further modified by subsequent agreement of the parties based on the funding available for Phase II; and WHEREAS, the Town has missed certain milestone dates, as set forth in Exhibit B of the Agreement and has indicated it will require more time to complete construction of the Phase II Service Area; and WHEREAS, the NYC DEP and the Town have agreed to amend the terms of the Agreement to allow for the changes to the Phase II Service Area as shown on Exhibit A and to revise the milestones set forth on Exhibit B. 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 Members acknowledge they have read and hereby approves Amendment No. 1 to the "Agreement between the City of New York and the Town of Wappinger, New York for Construction of a Water Supply and Distribution System", in the form annexed hereto, and authorizes and directs the Supervisor to execute Amendment No. 1 by and on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 3/24/2014 The Resolution is hereby duly declared adopted. /~ JOSEPH P. PAOLONI, TOWN CLERK