1968-233��>
RESOLUTION NO.
%) �.) 1968
RE: Agreement for use of Premises for
Landfill Operations.
Representative L'Archevesque offers the following Resolution
and moves its adoption:
WHEREAS, Resolution No. 218, 1968 applicable to the above
captioned matter was introduced at the May 13, 1968 Mee - of
of
the Board of Representatives and was referred to the Refuse Dis-
posal Committee, and
WHEREAS, it is necessary to make certain amendments to
said proposed agreement as follows:
1. The term is changed from five years to ten years and
there is an additional provision covering the situation that may
arise because of the failure of one or more municipalities parties
thereof to approve said agreement and, in addition, requiring a
reservation covering the premises covered by said agreement as
described in Schedule "A", and
WHEREAS, there is attached hereto an amended agreement be-
tween the County of Dutchess and the Town of Wappinger, Town of
Poughkeepsie and the City of Poughkeepsie, authorizing the use
of premises located on the Dutchess County Airport property for
STATE OF NEW YORK
COUNTY OF DUTCHESS ) ss:
This .is to certify that I, the undersigned, Clerk of the Board of Representatives of the
County of Dutchess, have compared thr foregoing copy of resolution with the original resolution
now on file in the office of said Clerk, and which was adopted by said Board of Reoresentatives
on the day of 196 , and that the same is a true and correct
transcript of said original resolution and of the whole thereof.
IN WITNESS IMEREOF, I have hereunto set my hand and seal of said Board of Representatives
this day of 196
CLERK OF THE BOARD OF REPRESENTkTIVES
a
the conduct thereon of a landfill operation, now, therefore, be
it
RESOLVED: That the County Executive of the County of Dutchess
is hereby authorized, empowered and directed to sign, execute and
deliver on behalf of the County of Dutchess said agreement and
said agreement, as attached herein, is Hereby approved.
Referred to Sanitary Land Fill Committee.
,iW\l�rn,
David L- �choenx
C01111ty rrecvjave
STATE OF NEW YORK
COUNTY OF DUTCHESS i ss:
This is to certify that I, the undersigned, Clerk of the Board of Representatives of the
County of Dutchess, have compared thr foregoing copy of resolution with the original resolution
now on file in the f is f said Clerk, and which was adopted by said Board of Reoresentatives
on the J N 1 $ day of 196 , and that the same is a true and correct
transcript o said original resolution and of the whole thereo
IN WITNESS WHEREOF, I havj UWe Tt� Jo hand and se 0., said Board ° resentatives
this day of b. r/
CIER SHE R P E S
1
0
V. WELCH
. G t. ; E Y -AT• t.AVJ
NEW YORK
AGREEMENT between the COUNTY OF DUTCHESS, a municipal
corporation, party of the first part, the TOWN OF WAPP INGER, a
municipal corporation, party of the second part, the TO, -,T OF
POUGHKEEPSIE, a municipal corporation, party of the third part,
and the CITY OF POUGHKEEPSIE, a municipal corporation, party of
the fourth part,
The party of the First part does hereby grant- to each of
the parties of the second, third and fourth part the right, licens
privilege and permission to maintain a landfill operation in and
on the certain tract of land described on Schedule "A",attached
hereto and made a part of this agreement,containing 55.3 acres of
land more or less, with the right and privilege to dump and fill
on said land, garbage, ashes and refuse, until said land is
properly filled, but in no event for a term of more than ten
years commencing from the date on which this agreement is signed
and executed by all of the necessary signatory hereto, and ter-
minating five years from that date,.if not sooner, cancelled in
accordance with the terms hereof.
Terms:
PAYMENT: Each of the second, third and fourth parties hereto
shall pay to the party of the first part on the first day of each
'month, or the day nearest thereto upon which such payment may be
made in accordance with their respective governmental and finan-
cial procedures, the sum of Fifty Dollars ($50.04). The obliga-
tion to pay shall be individual to each municipality and in the
event that one of the party municipalities shall wits c-iraw by
cancellation, the remaining municipalities will not be re:_onsial
for a continuation of the withdrawing municipality's mont'-:'y pad,, -
I
mcnt, which obligation shall be deemed to terminate zs o:: the
c;,ze of cancellation.
SS V. VIELCH
..'TOFNEY•AT-LAW
r.-.�G4i:CEP51 E. NEW YORK
USE OF PREMISES: It is contemplated that the three municipalities
the parties of the second, third and fourth parts will operate a
joint landfill operation on the premises described, and each of
said municipalities shall be individually, jointly and severally i
responsible for the proper conduct and operation of such landfill
operation.
RESERVATION: The party of the first part does hereby reserve to
itself the right to authorize any other municipality to enter up
and use the premises herein described for a landfill operation,
Provided that said municipality has entered into an agreement wi
the second, third and fourth parties hereto to share upon a fair
and equitable basis the costs of such landfill operation, and
Provided its obligations are substantially the same as the obli-
gations imposed upon such other parties by this agreement.
RULES: The parties of the second, third and fourth parts, and suc'
j other parties as may be authorized hereunder, shall con,, 1 with
p Y
all rules and regulations, whether Federal, State, Cou:.ty or
Municipal relating to the occupancy and use of said premises, and
the operations thereon., and shall take all reasonable precautions
to prevent and suppress fires thereon, and so far as may be re-
quired shall install and maintain at their sole expense suitable
and adequate sranitary facilities acceptable to the party of the
first part. The landfill operation upon said premises shall be
conducted in accordance with -he commonly accepted and approved
methods for such operation. It is hereby agreed that the Com-
Missioner of Public Health and the Commissioner of :ub_ic Works
of ,the County of Dutchess, shall be the individuals who shall makel
i
the determination of whetter such landfill operation is being con-
ducted in a safe, sanitary and reasonable manner. In the event
that either or both of these officers shall issue directives as tot
%iI SIH'{ V. WELCH
A-70 R:Y EY -AT -U W
i .;F.KEE?31 E. NEW YORK
the manner of such operation, failure to comply with such di-
rective shall constitute cause for cancellation of this agreement,
The parties of the second, third and fourth part and any others
subsequently authorized shall provide a custodian or other ap-
propriate personnel to personally supervise the area at all hours
when it is open to the public; shall adopt appropriate rules for
its operation, and prohibit dumping near the gates and fences,
adopt a program of effective rodent extermination and control, an(
cause all garbage and refuse to be covered with clean fill to and
adequate depth daily except when prevented by weather conditions,
and prohibit or properly regulate the dumping of industrial
waste, large quantities of vegetables and of animal carcasses and
entrails; the above provisions are not to be deemed to be ex-
clusive or limited to the obligations set forth, but shall be in
addition to the general oglibations to maintain a clean, safe and
satisfactory landfill operation. The right to use of the prem-
ises herein described is exclusive with the parties hereto, ex-
cept as to those that are expressly authorized by written per-
mission by any of the parties hereto, except that the County of
Dutchess may use said premises only for its own refuse, waste and
disposal.
ASSIGNABILITY: No rights under this agreement may be assigned
without the written consent of the County of Dutchess.
INSURANCE: The parties hereto shall provide the County of Dutch-
ess, a certificate of insurance, providing for public liability
i
j insurance in the amount of $250,000/500,000 coverage: for personal
+ .iability and $100,000 property damage, which policy shall early
1
an "Occurence Endorsement" and upon which the County of Dutchess
is named as an additional insured.
s
It is further agreeu that the rights granted hereunder
to the parties of the second, third and fourth part shall be ex-
ercised at the sole risk of said parties, and, irrespective ofL
any negligence on the part of such parties shall indemnify and
hold harmless the County of Dutchess against any and all.liability
for damages, costs, losses and expenses resulting from, arising
out of, or in any way donrected with the occupation or use of said
premises by said parties, their agents, servants, employees, or
users authorized by them, including, but not limited to any,causes
arising from a judgment that said operation shall constitute a
nuisance.
CANCELLATION AND/OR TERMINATION: This agreement may --be cancelled
by any party hereto upon sixty days' written notice, however, if
one of the second, third or -fourth parties cancells and/or ter-
minates this agreement, it shall not terminate or cancel this
agreement as to the remaining parties, provided further that the
right of cancellation or termination, if exercised by the County,
must be a cancellation or termination as to all the parties to thi
agreement. Any notice of cancellation or termination must be in
writing and must be served upon the Office of the County Executive
as to the County of Dutchess, the Clerk of the Town as to the
Towns and upon the City Manager as to the City of Poughkeepsie,
upon the grant of additional rights to other municipalities under
this agreement upon the Clerk of that municipality. On revocation.
or termination of this agreement, the parties shall quietly and
!s
M peaceably surrender the premises to the County of D— tchess.
i
IN LIALLATIONS: In the event it is necessary or desirable to con-
i)
f struct buildings or roadway, or other structures, on the premises,
V. WELCH 11 such installations shall be located upon sites or areas approved
A-, TORSEY-AT-LAW
PvUGHKEEPSIE. NEW YORK 11 by the Commissioner of Public Works of the County of Dutchess.
..i
V. WELCH
A7 ; 0R N EY -A7 -LAW
�HKEEME. NEW YORK
Such approval shall be JAn writing, endorsed upon appropriate maps
or pians prior to the start of any construction, or work,
WAIVER: The failure of any party hereto to fulfill the ob Liga-
tions established hereunder shall constitute a breach, however,
the failure to insist upon strict compliance with any of the
terms of this agreement shall not be construed as a waiver or re-
l.nquishment of any such terms, but the same shall remain in full'
force and effect.
PARTIES: Each municipality shall have thirty days from the date
when this agreement is signed by the County Executive to,by
proper resolution,approve of said contract and become a party
to this agreement. In the event that any municipality does not
approve and adopt this agreement within such thirty -day period,
such municipality shall be.deemed not to be a party to this
agreement and this agreement shall then be deemed to be between
municipalities which have approved this agreement in accordance
with the provision. In the event that this agreement is approved
by only one of the municipalities, then all obligatiL+ns, rights
and responsibilities imposed under this agreement shall be deemed
to be the right, obligation and responsibility of the approving
municipality, or municipalities, as the case may be,
INCORPORATION'OF LAWS: All laws and statutes of the State of
New York, applicable to this contract are deemed to be incorporat
herein as though set forth and/orreferred to herein.
IN WITNESS WHEREOF, the parties have entered into and
executed this agreement.
COUNTY OF DUTCHESS
By
Co�rity Executive; signed
the;� j '� day of -June, 1968.
TO`,,TN OF WAPPINGER
By
Supervisor, signed
the e, day of June, 1968
TOWN Or- POUGHKEEPSIE
By
Supervisor, signed
the day of June, 1968.
CITY OF POUGHKEEPSIE
By
City Manager - Mayor, signed
the day of June, 1968.
SC.-12DTV LE "A"
ALL that certain lot, piece or parcel of lard, lying and
being in the Town of Wappirc;er, County of Dutchess and State of
New York, being more particularly bounded and described as ::ol-
lows :
BEGINNING at a point, said point being on the westerly
side of State'Route 376 and being on the northern boundary of
the Dutchess County Airport; thence South 890 15' Plest 125± .feet
to a point on the east shore of Wappinger Creek, which shore is
also the property line of the Dutchess County Airport; thence
Southerly and Westerly along the eastern shore of Wappinger
Creek, which is also the property line of the Dutchess County
Airport, 2,400± feet to a point; thence through the lands of
the Dutchess County Airport South 190 50' East 1,290± feet,
North 660 40' East 1,730± feet to a point on the westerly side
of State Route 376; thence Northerly along the westerly side of
State Route 376. 1,820± feet to the point or place of beginning.
All bearings and distances were scaled from a map entitled
"A Portion of Dutchess County Airport"_furnished by tine office
of the Commissioner of Public Works, Dutchess County, New York,
dated April 24, 1968.
Party of the first.part does hereby reserve to itself the
right to remove the topsoil from said premises to the extent
that the contractor at the Dutchess County Airport has the right
to remove said topsoil in accordance with the specifications for
the runway extension at the Dutchess County Airport ar:d the re-
moval thereof by said contractor shall be deemed to be a re-
moyal thereof by the party of the first part.
WILUA',. V. WELCH
N EY -AT -LAW
?Gl.>HKEE�SIE. NEW YORK
.
4
t
1 •
' ,
SC.-12DTV LE "A"
ALL that certain lot, piece or parcel of lard, lying and
being in the Town of Wappirc;er, County of Dutchess and State of
New York, being more particularly bounded and described as ::ol-
lows :
BEGINNING at a point, said point being on the westerly
side of State'Route 376 and being on the northern boundary of
the Dutchess County Airport; thence South 890 15' Plest 125± .feet
to a point on the east shore of Wappinger Creek, which shore is
also the property line of the Dutchess County Airport; thence
Southerly and Westerly along the eastern shore of Wappinger
Creek, which is also the property line of the Dutchess County
Airport, 2,400± feet to a point; thence through the lands of
the Dutchess County Airport South 190 50' East 1,290± feet,
North 660 40' East 1,730± feet to a point on the westerly side
of State Route 376; thence Northerly along the westerly side of
State Route 376. 1,820± feet to the point or place of beginning.
All bearings and distances were scaled from a map entitled
"A Portion of Dutchess County Airport"_furnished by tine office
of the Commissioner of Public Works, Dutchess County, New York,
dated April 24, 1968.
Party of the first.part does hereby reserve to itself the
right to remove the topsoil from said premises to the extent
that the contractor at the Dutchess County Airport has the right
to remove said topsoil in accordance with the specifications for
the runway extension at the Dutchess County Airport ar:d the re-
moval thereof by said contractor shall be deemed to be a re-
moyal thereof by the party of the first part.
WILUA',. V. WELCH
N EY -AT -LAW
?Gl.>HKEE�SIE. NEW YORK