Loading...
2011-1132011-113 Resolution Authorizing Waste Water Transmission Contract between the Village of Wappingers Falls, the Town of Wappinger and the United Wappinger Sewer District 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 14, 2011. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Christopher J. Colsey Councilmembers - William H. Beale (Arrived at 7:47 PM) Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni (Arrived at 7:37 PM) ABSENT: The following Resolution was introduced by Councilman Beale and seconded by Councilwoman Czarniecki. WHEREAS, the Tri -Municipal Sewer Treatment Plant is owned collectively by the Village of Wappingers Falls and the Town of Poughkeepsie and is managed by the Tri - Municipal Sewer Commission; and WHEREAS, the Town of Wappinger previously caused the formation of the Wappinger Sewer Transmission/Treatment Improvement Area, Phase 1 and 2 (hereinafter "WST/TIA I & II") for the purpose of treating waste water at the Tri -Municipal Sewer Plant; and WHEREAS, WST/TIA I & II constructed a Sewer Transmission Line (hereinafter the "Sewer Main") within the Town of Wappinger for the purposes of collecting waste water within the jurisdictional boundaries of WST/TIA I & II and transmitting the waste water to the Tri - Municipal Sewer Plant pursuant to a contract previously entered into between the Town of Wappinger and the Tri -Municipal Sewer Commission (hereinafter the "Treatment Contract"); and WHEREAS, the Town also previously caused the formation of the Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A (hereinafter "WST/TIA 3A") which provided for an expansion of sewer service into additional jurisdictionally defined areas with the Town, and collecting sewage therefrom and transmitting same to the Tri -Municipal Sewer Treatment Plant for treatment in accordance with the Treatment Contract; and WHEREAS, by Order dated December 13, 2010, the Town of Wappinger caused the formation of the United Wappinger Sewer District (hereinafter "UWSD") which consisted of all of the lateral sewer collection areas within WST/TIA Phases 1, 2 and 3A, including tenants thereof for the purposes of funding the Town of Wappinger's share of capital improvements to be made to the Tri -Municipal Sewer Treatment Plant in accordance with the Treatment Contract; and WHEREAS, the Village of Wappingers Falls is located partially within the Town of Wappinger and partially within the Town of Poughkeepsie; and WHEREAS, there are several parcels located within the Town portion of the Village of Wappingers Falls and several parcels located within the Town in close proximity to the Village that would benefit by utilizing the other municipality's waste water transmission facilities to transport waste water to the Tri -Municipal Sewer Plant; and WHEREAS, pursuant to the Treatment Contract, the Town, on behalf of UWSD (formerly WST/TIA 1, 2 & 3A, including tenants thereof) is authorized to treat a maximum of 1,375,000 gallons per day of waste water at the Tri -Municipal Sewer Plant; and WHEREAS, all of the Village sewage is treated at the Tri -Municipal Sewer Plant; and WHEREAS, the Village, as a principal owner of the Tri -Municipal Sewer Plant, has present treatment capacity of 1,000,000 gallons per day of waste water at the Tri -Municipal Sewer Plant; and WHEREAS, because of design considerations, two parcels of property located within the jurisdictional boundaries of the Village of Wappingers Falls were connected to the Sewer Main, which parcels are specifically identified as follows: Parcel Owner Tax Grid Number Hollowbrook of Dutchess, LLC 135601-6158-19-688002 Hollowbrook Associates, LLC 135601-6157-07-709968; and WHEREAS, another parcel located within the Village of Wappingers Falls and owned by TGS Associates, identified as tax grid number 6158-20-779013 (hereinafter designated as the "Riverbend II Parcel"), is presently the subject of a site plan application pending before the Village of Wappingers Falls Planning Board for use as a residential apartment complex; and WHEREAS, by Resolution dated May 26, 2009 (Resolution No. 2009-196), the Town has conceptually agreed to accept the waste water generated from the Riverbend II Parcel located within the jurisdictional boundaries of the Village of Wappingers Falls; and WHEREAS, the Village has agreed that the sewage from the Hollowbrook Parcels and the Riverbend II Parcel will be charged against the Village's authorized treatment capacity at the Tri -Municipal Sewer Plant and will not be charged against the Town's authorized treatment capacity of 1,375,000 gallons per day; and WHEREAS, subject to compliance with the terms and conditions set forth in this agreement, the Town hereby confirms and agrees to transport the waste water generated from the following three parcels located within the Village via the Sewer Main (hereinafter the "Village Authorized Parcels"): Current Owner Tax Grid Number Hollowbrook of Dutchess, LLC 135601-6158-19-688002 Hollowbrook Associates, LLC 135601-6157-07-709968 TGS Associates (Riverbend II Parcel) 135601-6158-20-779013 (hereinafter the "Village Authorized Parcels"); and WHEREAS, the Town has determined it has sufficient waste water transmission capacity sufficient to allow it to transmit sewage from the Village Authorized Parcels (above identified) to the Tri -Municipal Sewer Plant; and WHEREAS, the Town and Village have further determined that their respective best interests will be served by entering into a Waste Water Transmission Contract which will provide for coordinated sanitary waste water collection services utilizing the Sewer Main to insure that the aforementioned Village parcels will be provided waste water transmission services in a manner that is the most efficient and practical way for transmitting sewage to the Tri -Municipal Sewer Plant; and WHEREAS, various parcels located within the jurisdictional boundaries of the Town which were included in the original formation of WST/TIA have been connected to the Tri - Municipal Sewer Plant by connection to the Village's sewer facilities, and are hereinafter referred to as the "Town Authorized Parcels", which parcels with their respective tax grid numbers are identified on Schedule "I", Category "A" or Category "B"; and WHEREAS, the parcels identified in Schedule "I", Category "A" are those parcels within the Town which were included in both the jurisdictional boundary of the original WST/TIA (pipe area) and WST/TIA Phase 3A (sewer lateral area) but pay Operation and Maintenance charges (O&M) to the Village, either based on Village water usage or by separate agreement with the Village; and WHEREAS, the parcels identified in Schedule "I", Category "B" are those parcels that are paying capital charges only to WST/TIA (pipe area), are not paying additional capital charges to WST/TIA Phase 3A, and are paying double O&M charges to the Village based on Village water usage; and WHEREAS, there are certain parcels located within the Town that are not included within WST/TIA (or any Phase thereof), but have been permitted to connect to the Village's sewer facilities pursuant to separate agreement with the Village, which parcels are hereinafter referred to as the Village Authorized Tenants, which parcels, together with their respective tax grid numbers, are identified on Schedule "2"; and WHEREAS, the Town has agreed that the waste water from the Town Authorized Parcels identified on Schedule "I", Category "A" and Category "B" will not be charged against the Village's authorized waste water treatment capacity of 1,000,000 gallons per day; and WHEREAS, subject to compliance with the terms and conditions set forth in this Waste Water Contract, the Village hereby confirms and agrees to accept the waste water generated from the Town Authorized Parcels, and transport same to the Tri -Municipal Plant via the Village's Sewer Facility; and WHEREAS, this Waste Water Transmission Contract is intended to establish the protocol, procedures and standards pursuant to which the Town or Village will authorize the use of the other municipality's waste water transmission facilities when design considerations dictate that such use would be the most efficient and practical way of transmitting sewage to the Tri - Municipal Sewer Plant; and WHEREAS, this Waste Water Transmission Contract is also intended to establish the protocol, procedure and policy with respect to the re -levy of sewer charges, in the event any of the Town Authorized Parcels or Village Authorized Parcels fail to pay sewer charges to the appropriate municipality. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves the terms and conditions of the Waste Water Transmission Contract authorized by Article 5-G of the General Municipal Law, a copy of which is affixed hereto. 3. The Town Board hereby authorizes the Town Supervisor, Christopher J. Colsey, to execute the Waste Water Transmission Contract in substantially the same form as affixed hereto. 4. The Town Supervisor, Christopher J. Colsey, and the Attorney to the Town, Albert P. Roberts, are further authorized and directed to undertake such acts as are necessary to implement the provisions of this Resolution and the provisions of the Waste Water Transmission Contract. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 3/14/2011 The Resolution is hereby duly declared adopted. J HN . MASTERSON, TOWN CLERK WASTE WATER TRANSMISSION CONTRACT BETWEEN VILLAGE OF WAPPINGERS FALLS AND THE TOWN OF WAPPINGER Pursuant to Article 5-G of the General Municipal Law THIS AGREEMENT dated the day of , 2011, by and between, VILLAGE OF WAPPINGERS FALLS, a municipal corporation of the State of New York, with offices at 2628 South Avenue, Wappingers Falls, New York 12590 (hereinafter referred to as "VILLAGE"), and TOWN OF WAPPINGER, a municipal corporation of the State of New York, with offices situate at 20 Middlebush Road, Wappingers Falls, New York 12590 and the UNITED WAPPINGER SEWER DISTRICT (hereinafter collectively referred to as "TOWN"). WITNESSETH: WHEREAS, the Tri -Municipal Sewer Treatment Plant is owned collectively by the VILLAGE and the Town of Poughkeepsie and is managed by the Tri -Municipal Sewer Commission (hereinafter the "Commission"); and WHEREAS, the TOWN authorized the formation of the Wappinger Sewer Transmission Treatment Improvement Area (hereinafter "WST/TIA") for the purposes of treating waste water at the Tri -Municipal Sewer Plant; and -1- C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.Outlook\CAIOVDDQ\InterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM WHEREAS, the TOWN, on behalf of WST/TIA negotiated a long-term lease agreement with the Tri -Municipal Sewer Commission for the purposes of treating wastewater at the Tri - Municipal Sewer Plant; and WHEREAS, the TOWN, on behalf of the WST/TIA constructed and operated various waste water facilities including a waste water transmission line (hereinafter the "Sewer Main") located in the Town of Wappinger for the purposes of collecting waste water within the jurisdictional boundaries of WST/TIA and transmitting same to the Tri -Municipal Sewer Treatment Plant for treatment pursuant to a contract between the Town of Wappinger and the Tri -Municipal Sewer Commission (hereinafter the "Treatment Contract"); and WHEREAS, the TOWN also authorized the Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A (hereinafter "WST/TIA 3A") which provided for an expansion of sewer service into additional jurisdictionally defined areas within the TOWN, and collecting sewage therefrom and transmitting same to the Tri -Municipal Sewer Treatment Plant for treatment in accordance with the Treatment Contract; and WHEREAS, by Order dated December 13, 2010, the Town of Wappinger caused the formation of the United Wappinger Sewer District (hereinafter "UWSD") which consisted of all of the lateral sewer collection areas within WST/TIA Phases 1, 2 and 3A, including tenants thereof for the purposes of funding the Town of Wappinger's share of capital improvements to be made to the Tri -Municipal Sewer Treatment Plant in accordance with the Treatment Contract; and WHEREAS, the VILLAGE is located partially within the Town of Wappinger and partially within the Town of Poughkeepsie; and -2- CADocuments and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.Outlook\CAI OVDDQ\InterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM WHEREAS, there are several parcels located within the TOWN portion of the VILLAGE and several parcels located within the TOWN in close proximity to the VILLAGE that would benefit by utilizing the other municipality's waste water transmission facilities to transport waste water to the Tri -Municipal Sewer Plant; and WHEREAS, pursuant to the Treatment Contract, the TOWN, on behalf of UWSD (formerly WST/TIA 1, 2 & 3A, including tenants thereof) is authorized to treat a maximum of 1,375,000 gallons per day of waste water at the Tri -Municipal Sewer Plant; and WHEREAS, all of the Village sewage is treated at the Tri -Municipal Sewer Plant; and WHEREAS, the VILLAGE, as a principal owner of the Tri -Municipal Sewer Plant, has present treatment capacity of 1,000,000 gallons per day of waste water at the Tri -Municipal Sewer Plant; and WHEREAS, because of design considerations, two parcels of property located within the jurisdictional boundaries of the Village of Wappingers Falls were previously connected to the Sewer Main as part of the expansion of sewer service undertaken by WST/TIA 3A, which parcels are specifically identified as follows: Current Owner Tax Grid Number Hollowbrook of Dutchess, LLC* 135601-6158-19-688002 Hollowbrook Associates, LLC* 135601-6157-07-709968 (*collectively known as the Hollowbrook properties); and WHEREAS, another parcel located within the Village of Wappingers Falls, previously owned by TGS Associates, identified as tax grid number 135601-6158-20-779013 (hereinafter designated as the "Riverbend II Parcel") is presently the subject of a site plan application pending before the Village of Wappingers Falls Planning Board for authorization to construct a -3- C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet Files\COntent.OutlOOk\CAI OVDDQ\InterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM residential apartment complex not to exceed 54 residential dwelling units, containing a total of no more than 100 bedrooms; and WHEREAS, by Resolution dated May 26, 2009 (Resolution No. 2009-196), the TOWN has conceptually agreed to accept the waste water generated from the Riverbend II Parcel; and WHEREAS, the VILLAGE has agreed that the waste water from the Hollowbrook Parcels and the Riverbend II Parcel will be charged against the VILLAGE'S authorized waste water treatment capacity at the Tri -Municipal Sewer Plant and will not be charged against the TOWN'S authorized waste water treatment capacity of 1,375,000 gallons per day; and WHEREAS, subject to compliance with the terms and conditions set forth in this Agreement, the TOWN hereby confirms and agrees to transport the waste water generated from the following three parcels located within the VILLAGE via the Sewer Main (hereinafter the "VILLAGE AUTHORIZED PARCELS"): Current Owner Tax Grid Number Hollowbrook of Dutchess, LLC 135601-6158-19-688002 Hollowbrook Associates, LLC 135601-6157-07-709968 TGS Associates (Riverbend II Parcel) 135601-6158-20-779013 (hereinafter the "VILLAGE AUTHORIZED PARCELS"); and WHEREAS, the TOWN has determined it has sufficient waste water transmission capacity sufficient to allow it to transmit sewage from the VILLAGE AUTHORIZED PARCELS (above identified) to the Tri -Municipal Sewer Plant; and WHEREAS, the TOWN and VILLAGE have further determined that their respective best interests will be served by an Agreement which will provide for coordinated sanitary waste water collection services utilizing the Sewer Main to insure that the aforementioned VILLAGE -4- CADocuments and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.Outlook\CAI OVDDQ\InterMunicipal Wastewater Transmisson.doc .3/9/20114:25:16 PM parcels will be provided waste water transmission services in a manner that is the most efficient and practical way for transmitting sewage to the Tri -Municipal Sewer Plant; and WHEREAS, various parcels located within the jurisdictional boundaries of the TOWN which were included in the original formation of WST/TIA have been connected to the Tri - Municipal Sewer Plant by connection to the VILLAGE'S sewer facilities, and are hereinafter referred to as the "TOWN AUTHORIZED PARCELS", which parcels with their respective tax grid numbers are identified on Schedule "I", Category "A" or Category `B"; and WHEREAS, the parcels identified in Schedule "I", Category "A" are those parcels within the TOWN which were included in both the jurisdictional boundary of the original WST/TIA (pipe area) and WST/TIA Phase 3A (sewer lateral area) but pay Operation and Maintenance charges (O&M) to the VILLAGE, either based on Village water usage or by separate agreement with the VILLAGE; and WHEREAS, the parcels identified in Schedule "I", Category "B" are those parcels that are paying capital charges only to WST/TIA (pipe area), are not paying additional capital charges to WST/TIA Phase 3A, and, are paying double O&M charges to the VILLAGE based on Village water usage; and WHEREAS, there are certain parcels located within the TOWN that are not included within WST/TIA, (or any Phase thereof), but have been permitted to connect to the VILLAGE'S sewer facilities pursuant to separate agreement with the VILLAGE, which parcels are hereinafter referred to as the VILLAGE AUTHORIZED TENANTS, which parcels, together with their respective tax grid numbers, are identified on Schedule "2"; and WHEREAS, the TOWN has agreed that the waste water from the TOWN AUTHORIZED PARCELS identified on Schedule "I", Category "A" and Category "B" will -5- CADocuments and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.Outlook\CAIOVDDQ\InterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM not be charged against the VILLAGE'S authorized waste water treatment capacity of 1,000,000 gallons per day; and WHEREAS, subject to compliance with the terms and conditions set forth in this Agreement, the VILLAGE hereby confirms and agrees to accept the waste water generated from the TOWN AUTHORIZED PARCELS, and transport same to the Tri -Municipal Plant via the Village's Sewer Facility; and WHEREAS, this Agreement is intended to establish the protocol, procedures and standards pursuant to which the TOWN or VILLAGE will authorize the use of the other municipality's waste water transmission facilities when design considerations dictate that such use would be the most efficient and practical way of transmitting sewage to the Tri -Municipal Sewer Plant; and WHEREAS, this Agreement is also intended to establish the protocol, procedure and policy with respect to the re -levy of sewer charges, in the event any of the TOWN AUTHORIZED PARCELS or VILLAGE AUTHORIZED PARCELS fail to pay sewer charges to the appropriate municipality. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein set forth and other good and valuable consideration, the Town of Wappinger, by and on behalf of the United Wappinger Sewer District (UWSD) and the Village of Wappingers Falls hereby agree as follows: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Agreement as if fully set forth and recited herein. -6- C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.Outlook\CAI 0VDDQ\1nterMunicipa1 Wastewater Transmisson.doc 3/9/20114:25:16 PM 2. Definitions. 2.1. SEWER MAIN — the Town of Wappinger owned and operated sewer transmission line constructed, owned and operated by WST/TIA which transports and discharges sewage to the Tri -Municipal Sewer Plant; 2.2. TOWN AUTHORIZED PARCELS — those parcels of property located within the jurisdictional boundaries of the Town of Wappinger and WST/TIA which have been included in UWSD; 2.3. VILLAGE AUTHORIZED PARCELS — those parcels located within the Village of Wappingers Falls and the Town of Wappinger which are connected to the Tri - Municipal Sewer Plant via the Sewer Main; 2.4. VILLAGE SEWER FACILITIES— Village sewer laterals and transmission pipes which transports and discharges sewage to the Tri -Municipal Sewer Plant; 2.5. WST/TIA — Wappinger Sewer Transmission Treatment Improvement Area; an Article 12-c Improvement Area which constructed a sewer transmission line and sewer lateral facility (Phases 1, 2 and 3A) which discharges sewage to the Tri -Municipal Sewer Plant. 3. Term. The term of this Agreement shall commence upon the execution of this Agreement by both the TOWN and the VILLAGE and shall continue in full force and effect as long as either the VILLAGE AUTHORIZED PARCELS are connected to the Sewer Main, or the TOWN AUTHORIZED PARCELS are connected to the Village Sewer Facility. -7- C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.Outlook\CAIOVDDQ\lnterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM ARTICLE I VILLAGE PROPERTIES USING TOWN SEWER MAIN 4. Town Sewer Main. 4.1. The parties acknowledge that the TOWN, by and on behalf of WST/TIA 1, 2, & 3A owns, operates and maintains the Sewer Main which transports waste water to the Tri - Municipal Sewer Plant located in the Town of Poughkeepsie. 4.2. The TOWN represents that the Sewer Main has been designed, constructed and operated according to plans and specifications that comply with all applicable Federal, State, County and Town laws, rules and regulations and are in compliance with the rules and regulations of the Tri -Municipal Sewer Commission. 5. Interconnection. The TOWN represents that the Sewer Main is connected to the Tri -Municipal Sewer Plant and that all necessary permits and regulatory approvals from agencies having jurisdiction over the Sewer Main have been obtained and are in full force and effect and have not been violated. 6. Sewer Connection Authorized. 6.1. Subject to compliance with the terms and conditions of this Agreement, the VILLAGE AUTHORIZED PARCELS which are located within the VILLAGE and TOWN. 6.2. The TOWN and the VILLAGE hereby confirm that the Hollowbrook properties have been previously connected to the Sewer Main. 6.3. The VILLAGE and TOWN acknowledge that the Riverbend II Parcel will not be connected to the Sewer Main until such time as the Riverbend II Parcel has received Final -8- CADocuments and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.Outlook\CAIOVDDQ\InterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM Site Plan Approval from the Village of Wappingers Falls Planning Board, for an apartment complex not to exceed 54 residential dwelling units, containing a total of no more than 100 bedrooms. 6.4. The point of connection of the Riverbend II Parcel to the Sewer Main shall be in the sole discretion of the TOWN, upon advice and recommendation of the Engineer to the TOWN. 7. Treatment Charged To Village. The TOWN will receive the waste water from the VILLAGE AUTHORIZED PARCELS and transmit the waste water via the Sewer Main to the Tri -Municipal Sewer Treatment Plant to be treated pursuant to the Treatment Contract between the VILLAGE and the Tri -Municipal Sewer Commission. 8. Compliance With Town's Sewer Use Code. 8.1. The waste water delivered to the Sewer Main from the VILLAGE AUTHORIZED PARCELS shall comply in all respects with Chapter 196, Article VII of the Town of Wappinger Code entitled "Sewer Use", and, shall also comply with the terms and conditions of the Agreements between the Town of Wappinger and the Tri -Municipal Sewer Commission, copies of which have been made available to the VILLAGE, the TOWN and the owners of the VILLAGE AUTHORIZED PARCELS. The VILLAGE and TOWN each acknowledge that the Town's "Sewer Use" Code is essentially identical to the Village's "Sewer Use" Code contained in Section 122 of the Village Code. 8.2. The VILLAGE acknowledges and agrees that it will be bound by all of the provisions of Town Code Chapter 196, Article VII in connection with the implementation of this Agreement and the VILLAGE will promptly prosecute any violations of said Town Code against ILM CADocuments and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.Outlook\CAI OVDDQ\InterMunicipal Wastewater Transmisson.doc .3/9/20114:25:16 PM the property owners to bring the waste water discharge into compliance with the provisions thereof 8.3. The parties expressly acknowledge that repeated violations of the TOWN'S Sewer Use Code shall be deemed a major default under the terms and conditions of this Agreement and may result in termination of this Agreement. 8.4. The TOWN has the right to inspect the sewer facilities located within any of the VILLAGE AUTHORIZED PARCELS and may do so by requesting a simultaneous inspection with the appropriate Village Department or Agency. In the event such inspection reveals violations of the Town's Sewer Use Code, the Village Clerk and the Village Plumbing Inspector are to be promptly notified in writing of any such violations. 9. Waste Water Allocated To Village. The VILLAGE shall allocate sufficient waste water treatment capacity at the Tri -Municipal Sewer Plant to satisfactorily treat all waste water originating from the VILLAGE AUTHORIZED PARCELS in compliance with all Federal, State, and County laws, rules and regulations or the rules and regulations of any regulatory agency having jurisdiction over waste water treatment in the State of New York. The TOWN agrees to utilize the VILLAGE water meter reading as the basis for determining the amount of sewer treated at the Tri -Municipal Sewer Plant from the VILLAGE AUTHORIZED PARCELS and charged to the VILLAGE authorized treatment capacity. 10. Town's Compliance. 10.1. The TOWN, on behalf of the UWSD, shall operate, maintain, repair and use the Sewer Main in compliance with the Treatment Contract and all other applicable laws, rules, regulations, findings, rulings and official notices of any regulatory agency having jurisdiction over the Sewer Main. -10- C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.Outlook\CAI OVDDQ\InterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM 10.2. The TOWN shall take all steps necessary and use all of its enforcement powers to ensure that the owners of the TOWN AUTHORIZED PARCELS shall operate, maintain, repair and use any waste water collection pipes and appurtenances located within their respective boundaries in compliance with all applicable laws, rules, regulations, findings, rulings and official notices of any regulatory agency having jurisdiction thereof, so as to insure compliance with the Treatment Contract between the TOWN and the Tri -Municipal Sewer Commission. 11. Village's Compliance. 11.1. The VILLAGE shall take all steps necessary and use all of its enforcement powers to ensure that the owners of the VILLAGE AUTHORIZED PARCELS shall operate, maintain, repair and use any waste water collection pipes and appurtenances located within their respective boundaries in compliance with all applicable laws, rules, regulations, findings, rulings and official notices of any regulatory agency having jurisdiction thereof, so as to insure compliance with the Treatment Contract between the TOWN and the Tri -Municipal Sewer Commission. 12. Sewer Use Fee To Be Paid For VILLAGE AUTHORIZED PARCELS. 12.1. The VILLAGE shall pay the UWSD a sewer use fee for the use of the Sewer Main for the transmission of waste water from the VILLAGE AUTHORIZED PARCELS and for sewer treatment at the Tri -Municipal Sewer Plant. The use fee paid by the VILLAGE to the TOWN shall be the same fee charged by the VILLAGE to its resident customers. The use fee charged by the TOWN to the VILLAGE will be done on a parcel by parcel basis in accordance with the sewer use fee charges imposed by the Village Board annually for various categories of properties (industrial, commercial, residential, multi -family, etc.), utilizing each parcel's water -11- C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.Outlook\CAIOVDDQ\InterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM meter reading as the basis for such charge. The parties acknowledge that the sewer use fee as established by the VILLAGE includes as a component thereof, capital charges and it is intended that such capital charges be paid to the TOWN as part of this Agreement. 12.2. The TOWN also acknowledges that the VILLAGE AUTHORIZED PARCELS are provided potable water service from the VILLAGE water system and the VILLAGE sewer use fee charges are based on a percentage of water consumed. The TOWN agrees to accept the VILLAGE water meter reading as the basis for determining the amount of sewer treated at the Tri -Municipal Sewer Plant and to be allocated to the VILLAGE authorized capacity at said sewer plant. In those rare circumstances when VILLAGE AUTHORIZED PARCELS are not connected to the VILLAGE water system, the VILLAGE and the TOWN shall establish a sewer use fee to be charged to such parcels. 13. Fees Charged To VILLAGE AUTHORIZED PARCELS. 13.1. The TOWN will charge the VILLAGE the sewer use fee for the VILLAGE AAUTHORIZED PARCELS in accordance with the sewer use fee established by the VILLAGE on an annual basis and shall first bill the parcel owners directly for such charges. 13.2. In the event any of the VILLAGE AUTHORIZED PARCELS fail to pay the sewer use fee, in accordance with the TOWN'S billing practices, the VILLAGE shall take such steps as necessary to have any unpaid sewer use fees re -levied on the tax bill of the VILLAGE AUTHORIZED PARCELS. Upon receipt of payment from the re -levied tax bills, the VILLAGE will promptly reimburse the TOWN for any outstanding O&M charges due by the VILLAGE AUTHORIZED PARCEL owners, including any penalties and interest imposed by the TOWN. -12- C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.Outlook\CAI OVDDQ\InterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM 14. Riverbend II: Permits And Approvals. 14.1. The VILLAGE shall require the owner of the Riverbend lI Parcel to acquire, at its own expense, any and all permits necessary to undertake the sewer improvements provided herein, including Site Plan approval from the Village of Wappingers Walls Planning Board, New York State Department of Health approval, Dutchess County Department of Health approval, etc. 15. Construction Of Sewer Improvements By Riverbend II Parcel Owner. 15.1. It is understood by the parties that the owner(s) of the Riverbend lI Parcel, will, at its sole cost and expense, design and construct a Sewer Main extension to the authorized point of connection, together with other necessary appurtenances as shown on the plans attached as Schedule "3" attached hereto and made a part hereof . 15.2. Installation of the Sewer Main extension shall comply with all applicable statutes, rules and regulations adopted by any federal, state or local government or any regulatory agency having jurisdiction thereof. 15.3. The Sewer Main extension to be constructed by the owner of the Riverbend II Parcel will conform in all particulars to good engineering practices and shall be compatible and interoperable with the Sewer Main as constructed and owned by the TOWN. 15.4. Construction of the Sewer Main extension to the point of connection is subject to final inspection and approval by the Engineer to the Town. The Sewer Main constructed by the owner of the Riverbend II Parcel may not be connected to the Sewer Main until approval is given by the Engineer to the Town. -13- C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.Outlook\CAIOVDDQ\InterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM 15.5. The TOWN must approve all plans and specifications for the interconnection of Riverbend's Sewer Main to the Sewer Main and the TOWN will be permitted to inspect the construction as it progresses. The owner of the Riverbend II Parcel is required to reimburse the TOWN for the reasonable costs of all professional review fees, including engineering review and inspection for this project, including post completion review to the extent actually incurred by the TOWN. 15.6. Prior to the commencement of any work on the project, the owner of the Riverbend II Parcel shall deposit with the TOWN, in escrow, an amount to be determined by the parties prior to the commencement of construction. This escrow shall be used to reimburse the TOWN as necessary for the actual costs incurred by the TOWN for professional review and inspection of the project. The escrow shall be replenished as necessary upon demand by the TOWN. Any unused escrow shall be returned to the owner. If such escrow is not sufficient, the owner will pay such additional sum as necessary to repay the TOWN for its costs for professional review and inspection. 16. Prohibited Uses. This Agreement shall be valid for only so long as the Hollowbrook properties are used for commercial office or related uses and the Riverbend II Parcel is only used as an apartment complex not to exceed 54 dwelling units containing a total of no more than 100 bedrooms. In the event an application is presented to the Village of Wappingers Falls Planning Board for a change in use from that described above, then this Agreement shall terminate as to the affected parcel unless a new agreement for such use is authorized by the TOWN. -14- CADocuments and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.Outlook\CAI OVDDQ\InterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM ARTICLE II TOWN PROPERTIES USING VILLAGE SEWER FACILITIES 17. Village Sewer Main And Facilities. 17.1 The parties acknowledge that the TOWN, through WST/TIA Phases 1, 2, and 3A, has constructed certain sewer facilities, including sewer pipes, sewer mains, sewer laterals, and expansions of the Tri -Municipal Sewer Plant. Such construction has been funded by the issuance of Serial Bonds, the cost of which has been charged back to the properties located in WST/TIA Phases 1, 2, and 3A through benefit assessments assigned to each parcel. The parties further acknowledge that the sewer facilities constructed pursuant to WST/TIA Phases 1, 2, and 3A contemplated interconnection of certain TOWN properties to the VILLAGE sewer transmission pipes and facilities. These parcels are referred to as the TOWN AUTHORIZED PARCELS identified in Schedule "1" which are identified on Schedule "1" attached hereto. 18. Interconnection. The VILLAGE represents that the Sewer Facilities owned and operated by the VILLAGE are connected to the Tri -Municipal Sewer Plant and that all necessary permits and regulatory approvals from agencies having jurisdiction over the Sewer Facilities have been obtained and are in full force and effect and have not been violated. 19. Sewer Connection Authorized. 19.1. The TOWN AUTHORIZED PARCELS, identified in Schedule "1" are hereby authorized to be connected to the Village Sewer Facilities owned by the VILLAGE. -15- C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.0utlook\CAI OVDDQ\InterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM 20. Transmission By Village. The VILLAGE will receive the waste water from the TOWN AUTHORIZED PARCELS, identified in Schedule "I", and transmit the waste water via the Village Sewer Facilities to the Tri -Municipal Sewer Treatment Plant to be treated pursuant to the Treatment Contract between the TOWN and the Tri -Municipal Sewer Commission. 21. Waste Water Allocated To Village. The TOWN shall allocate sufficient waste water treatment capacity at the Tri -Municipal Sewer Plant to satisfactorily treat all waste water originating from the TOWN AUTHORIZED PARCELS in compliance with all Federal, State, and County laws, rules and regulations or the rules and regulations of any regulatory agency having jurisdiction over waste water treatment in the State of New York. Whenever possible, and to the extent that any of the TOWN AUTHORIZED PARCELS are also connected to the VILLAGE water system, the VILLAGE water meter reading shall be used as the basis for determining the amount of sewer treated at the Tri -Municipal Sewer Plant from the TOWN AUTHORIZED PARCELS and charged to the TOWN authorized treatment allocation. 22. Compliance With Village Sewer Use Code. 22.1. The waste water delivered to the Village Sewer Facilities from the TOWN AUTHORIZED PARCELS shall comply in all respects with Village's "Sewer Use" Code contained in Section 122 of the Village Code, and shall also comply with the terms and conditions of the Agreements in effect between the TOWN, VILLAGE, and the Tri -Municipal Sewer Commission. The VILLAGE and TOWN acknowledge that each municipality has adopted a "Sewer Use" Code that is essentially identical to the other municipality's. 22.2. The TOWN acknowledges and agrees that it will be bound by all of the provisions of Section 122 of the VILLAGE in connection with the implementation of this -16- CADocuments and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content. Outlook\CA I OVDDQ\InterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM Agreement and the TOWN will promptly prosecute any violations of said Village Code against the property owners to bring the waste water discharge into compliance with the provisions thereof. 22.3. The parties expressly acknowledge that repeated violations of the VILLAGE'S Sewer Use Code shall be deemed a major default under the terms and conditions of this Agreement and may result in termination of this Agreement. 22.4. The VILLAGE has the right to inspect the sewer facilities located within any of the TOWN AUTHORIZED PARCELS and may do so by requesting a simultaneous inspection with the appropriate Town Department or Agency. In the event such inspection reveals violations of the VILLAGE's "Sewer Use" Code, the Town Clerk and the Town Enforcement Officers are to be notified in writing of any such violations. 23. Route 9D Sewer Main Extension. 23.1. The TOWN, pursuant to WST/TIA Phase 3A constructed a Sewer Main Extension along South Avenue (Route 91)), which interconnected with the Village Sewer Mains. Several of the parcels on Schedule "1" are connected to the Village Sewer Facilities through this Sewer Main Extension. Because of its interconnection with the Village's Sewer Facilities, the VILLAGE agrees to undertake all routine inspections and maintenance of said Sewer Main Extension. The TOWN will undertake and pay for all capital improvements and replacement charges required of said Sewer Main Extension. The TOWN and the VILLAGE agree that they shall operate, maintain, repair and use the Sewer Main Extension and the Sewer Facilities in compliance with the Treatment Contract and all other applicable laws, rules, regulations, findings, rulings and official notices of any regulatory agency having jurisdiction over the Sewer Main Extension and/or Sewer Facilities within the VILLAGE. -17- C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet FilesTontent.OutlOOk\CAI OVDDQ\InterMunicipal Wastewater Transmisson.doc .3/9/20114:25:16 PM 23.2. The TOWN shall take all steps necessary and use all of its enforcement powers to ensure that the owners of the TOWN AUTHORIZED PARCELS shall operate, maintain, repair and use any waste water collection pipes and appurtenances located within their respective boundaries in compliance with all applicable laws, rules, regulations, findings, rulings and official notices of any regulatory agency having jurisdiction thereof, so as to insure compliance with the Treatment Contract between the TOWN and the Tri -Municipal Sewer Commission. 24. Fees Charged To TOWN AUTHORIZED PARCELS. 24.1. The TOWN AUTHORIZED PARCELS shall pay capital benefit assessments to the TOWN in accordance with the Benefit Unit Formula approved by the NYS State Comptroller's Office, Department of Audit and Control. 24.2. The TOWN AUTHORIZED PARCELS shall pay Operation and Maintenance charges (usage charges) to the VILLAGE, pursuant to bills sent directly by the VILLAGE to the parcel owners; the O&M charges for such parcels shall be based upon water consumed, whenever the subject parcels are connected to the Village Water System. 24.3. The TOWN AUTHORIZED PARCELS not connected to Village water shall pay a quarterly sewer use fee as set by the Village Board from time to time. 24.4. In the event any of the TOWN AUTHORIZED PARCELS fail to pay the operation and maintenance charges (usage charges) to the VILLAGE, the TOWN shall take such steps as necessary to have any unpaid operation and maintenance charges re -levied on the tax bill of the TOWN AUTHORIZED PARCELS. Upon receipt of payment of the unpaid operation and maintenance charges from the re -levied tax bills, the TOWN will promptly reimburse the -18- C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.Outlook\CA I OVDDQ\InterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM VILLAGE for such outstanding O&M charges due by the TOWN AUTHORIZED PARCEL owners, including any penalties and interest imposed by the VILLAGE. 25. Budget Adoption. The TOWN and the VILLAGE shall each prepare their respective budgets every fiscal year as required by Town or Village Law. The amounts to be paid by the VILLAGE to the TOWN, or by the TOWN to the VILLAGE, for each budget year shall be included in each municipality's budget and shall be charged and levied against either the TOWN AUTHORIZED PARCELS or the VILLAGE AUTHORIZED PARCELS as the case may be. The payment of the charges and fees by the VILLAGE to the TOWN, or by the TOWN to the VILLAGE, shall be at such time and in such amounts as are established from time to time by the TOWN or the VILLAGE consistent with this Agreement and applicable provisions of Town Law or Village Law. 26. Temporary Discontinuance Of Service. Either the TOWN or the VILLAGE may, upon reasonable notice, except in the case of an emergency, suspend, curtail or discontinue service for the following reasons: 26.1. for the purpose of making permanent or temporary repairs, changes, or improvements to the Sewer Main or the Sewer Facilities; 26.2. for good faith compliance with any governmental order or directive, notwithstanding that such order or directive may subsequently be held to be invalid; 26.3. for non-payment of any valid bill due for service to any of the TOWN or VILLAGE AUTHORIZED PARCELS provided that a notice of default has been given to the parcel owner, which notice of default provides for a period of twenty (20) days to cure the default in payment or file a written notice of objection to the TOWN or the VILLAGE as the -19- C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.Outlook\CAIOVDDQ\InterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM case may be. If any of the TOWN or VILLAGE AUTHORIZED PARCEL owners file an objection to the Town Board or the Village Board, the Town Board or the Village Board shall hear such objection at its next Board meeting and determine the validity of such objection. In the event the objection is not sustained, then service may be discontinued; 26.4. disconnecting or tampering any of the water meters or interfering with any of the water meters or remote meter reading service devices, or tampering with any other facility of the TOWN or VILLAGE without permission so as to impair the ability of the TOWN and/or the VILLAGE to accurately determine sewer use charges; 26.5. providing sewer service to others without the approval of the TOWN or VILLAGE, which approval shall not be unreasonably or arbitrarily withheld; 26.6. refusal to allow reasonable access to any of the authorized parcels for necessary purposes in connection with rendering of service including making emergency repairs. 27. Early Termination Of Agreement. The TOWN or VILLAGE may terminate the sewer transmission service authorized under this Agreement, subject to Dutchess County Health Department approval, and in accordance with the following: 27. La. Each party acknowledges that the other party has the right to discontinue sewer service to customers outside of their respective jurisdictional boundaries, when sewer service is insufficient to meet the needs of their respective residents. In the event that there is no longer a surplus of waste water transmission capacity to service any of the TOWN or VILLAGE AAUTHORIZED PARCELS, the TOWN or VILLAGE may terminate the sewer transmission service otherwise authorized under this Agreement in accordance with the following: -20- C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.OutlOOk\CAI OVDDQ\InterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM 27.1.b. Either party shall give the other party and any of the affected TOWN or VILLAGE AUTHORIZED PARCEL owners sufficient time to file an application for approval of an alternate methodology to transport waste water to the Tri -Municipal Sewer Plant. 27.1.c. Neither the TOWN, the VILLAGE, or any TOWN or VILLAGE AUTHORIZED PARCEL owner shall be entitled to any damages or penalties if this Agreement is terminated in accordance with this section. 28. Default. This Agreement may be terminated by either the TOWN or the VILLAGE upon the following events: 28.1. The failure of any of the owners of any of the TOWN or VILLAGE AUTHORIZED PARCELS to remit payment within thirty (30) days of billing and after its failure to cure such failure within ten (10) days after receipt of written notice of such default; 28.2. The failure of any of the owners of any of the TOWN or VILLAGE AUTHORIZED PARCELS to cure any default of any other material obligation under this Agreement within twenty (20) days after written notice and manner of cure of default thereof. In the event the default cannot be cured within twenty (20) days, the owner of any affected TOWN or VILLAGE AUTHORIZED PARCEL shall be entitled to a reasonable time to cure such default. 29. Costs And Attorneys Fees. As a condition to permit the TOWN or VILLAGE AUTHORIZED PARCELS to utilize the Sewer Main or the Village's Sewer Facilities, the owners of any of the TOWN or VILLAGE AUTHORIZED PARCELS must agree that they will be liable for all costs, charges, duties and responsibilities imposed upon the owners by this Agreement. The parties may enforce this Agreement by judicial action and the prevailing party -21- CADocuments and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.Outlook\CAIOVDDQ\InterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM shall be entitled to recover its reasonable costs and attorney's fees in any action to enforce this Agreement. 30. Authority. It is expressly understood and acknowledged that the signatories to this Agreement have the power to bind their respective parties to all of the terms and conditions contained herein. All resolutions of the respective governing bodies of the VILLAGE and TOWN have been adopted by the Village Board and Town Board. 31. Applicable Law. This Agreement shall be governed under the laws of the State of New York. 32. Venue. Venue for any dispute arising from this Agreement shall be placed in a New York State Court of competent jurisdiction located within the County of Dutchess, State of New York. 33. Entire Agreement. This Agreement and any attachments hereto constitute the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, whether oral or written: No modification or claimed waiver of any of the provisions hereof shall be valid unless in writing a d signed by the duly authorized representative against whom such modification or waiver is sought to be enforced. 34. Waiver. None of the terms of this Agreement can be waived or modified except by an express agreement on writing signed by both parties. There are no representations, promises, warranties, covenants or undertakings other than those contained in this Agreement, which represents the entire understanding of the parties. The failure of either party hereto to enforce, or the delay by either party in enforcing, any of its rights under this Agreement shall not be deemed a continuing waiver or a modification thereof and either party may, within the time -22- C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.Outlook\CAIOVDDQ\InterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM provided by applicable law, commence appropriate legal proceedings to enforce any or all of such rights. 35. Severability. All rights, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any applicable law, and are intended to be limited to the extent necessary so that they will not render this Agreement invalid, unenforceable or not entitled to be recorded under any applicable law. If any term, covenant or condition of this Agreement shall be held to be invalid, illegal or unenforceable, the validity of the other terms, covenants and conditions of this Agreement shall in no way be affected thereby. IN WITNESS WHEREOF, the parties have set their hand and seals by their duly authorized officers as of the date first above written. VILLAGE OF WAPPINGERS FALLS Matthew Alexander, Mayor TOWN OF WAPPINGER and the UNITED WAPPINGER SEWER DISTRICT LN Christopher J. Colsey, Supervisor -23- C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.0ut1ook\CAI0VDDQ\1nterMunicipa1 Wastewater Transmisson.doc 3/9/20114:25:16 PM STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss: On the day of , 2011, before me, the undersigned, personally appeared MATTHEW ALEXANDER 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 , 2011, before me, the undersigned, personally appeared CHRISTOPHER J. COLSEY 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 -24- C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.Outlook\CAI OVDDQ\InterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM -25- C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet Files\Content.Outlook\CAI OVDDQ\InterMunicipal Wastewater Transmisson.doc 3/9/20114:25:16 PM SCHEDULE 1— TOWN AUTHORIZED PARCELS Category A: The following listed parcels are within the Town, are connected to Village water, and are currently interconnected to the Village's sewer system; they are paying capital sewer charges to WST/TIA (Pipe Area) and Phase 3A, and pay O&M to the Village based on Village water usage: • McKinney — 2499 Route 9D (6157-01-244892) • Lozier — 2505 Route 9D (6157-01-243907) • Lathrop — 2516 Route 9D (6157-01-276923) • Clear — 2512 Route 9D (6157-01-274916) • Lucato — 2508 Route 9D (6157-01-287900) • Albertson - 2502 Route 9D (6157-01-293876) • Wolensky — 2498 Route 9D (6157-01-268885) • Arvelo (north of Barry) — 2494 Route 9D (6157-01-264874) • Mazochi — 18 Adams Street (6157-01-296912) • 3 lots in the Barry Subdivision ■ they interconnect to the Village sewer system via the Town constructed sewer transmission pipe in Route 913; ■ Village will have to set O&M rate. Category B The following listed parcels are within the Town, are not in 3A, but are in WST/TIA (Pipe Area); they are connected solely through Village's sewer pipes, and pay double O&M based on Village water usage: • Lopez— 15 Adams Street (6157-01-308921) • Howe —17 Adams Street (6157-01-299923) • Pie Shaped Development Corp./Outback - 2 lots: • 1510 Route 9 (6158-04-623038); and ■ 2.2 acre Vacant Lot on Route 9 (6158-04-665003) • Basher — 790-792 Old Route 9N (6158-04-566044) CADocuments and Settings\Chris Masterson\Local SettingsUemporary Internet Fi1es\Content.0ut1ook\CA1 OVDDQ\SCHEDULE Ldoc