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Village of Kenmore
2919 Delaware Avenue
Kenmore, NY 14217
Mayor
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Phone
(716) 873-5700
Fax
(716) 873-0004

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A G R E E M E N T



THIS AGREEMENT made this _____ day of ____________, 2012 by and between
ANTHONY F. CARUANA, JOSEPH H. EMMINGER, DANIEL J. CRANGLE, JOHN A. BARGNESI, JR. and LISA M. CHIMERA, as Town Board of the Town of Tonawanda acting as Commissioners of the Water Acquisition and Storage District of the Town of Tonawanda, pursuant to Chapter 229 of the Laws of 1942, as amended, hereinafter sometimes called the "Board,"

Parties of the first part and The VILLAGE OF KENMORE, a municipal corporation, hereinafter sometimes called the "Village,"

Party of the second part,

    W I T N E S S E T H :

     WHEREAS, the Board and/or the Water Acquisition and Storage District of the Town of Tonawanda, above entitled, is the owner of a public water supply system whereby surplus water is available for sale; and WHEREAS, the Village aforementioned is in need of a supply of water and desires to purchase the same from the excess or surplus water of the Board; NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) by each of the parties to the other in hand paid, the receipt whereof is hereby acknowledged, and in consideration of the mutual covenants and conditions herein contained, and pursuant to a resolution of the Village Board of Trustees dated the 22nd  day of February, 2012, and pursuant to a resolution of the Town Board of the Town of Tonawanda, New York dated the 28th day of

February, 2012, the parties hereto agree as follows:
     FIRST:    The Board hereby and by these presents agrees to furnish surplus water to the Village and the Village agrees to purchase all of its requirements for distribution to water customers served by the Village during the period from the 1st day of July, 2011 through and including the 30th day of June, 2013, provided, however, that the water to be sold under this Agreement shall not be resold for consumption outside of the Village of Kenmore except to those customers presently being served.
     SECOND:    Such water shall be delivered at the following points referred to herein as "interconnections":
         (a)    Delaware Road, south of Deerhurst Park Boulevard;
         (b)    Elmwood Avenue and Mayville Avenue;
         (c)    Tremaine Avenue and Military Road;
         (d)    Hiler Avenue and Wilton Parkway;
and such other interconnections as may be agreed upon by the parties hereto.
     THIRD:    The interconnections described in paragraph SECOND herein, and any hereafter made, shall be equipped by the Board with water meters to accurately compute the amount of water delivered.  Said meters shall be furnished, installed and maintained by the Board and shall be tested at least twice a year by the Board at its expense and the results of such tests shall be furnished to the Village in writing.  The Board shall have the right to secure water meters so that only Town of Tonawanda (hereinafter "Town") personnel shall have access thereto.  The Village shall not have any right of access thereto unless accompanied by Town personnel.
During the term of this Agreement, the Board agrees to perform water quality tests on the water purchased and delivered to the Village pursuant to this Agreement.  Such tests shall be performed by the Board on a monthly basis and the results thereof provided to the Village.  
     FOURTH:    The Village agrees to pay the Board for all water delivered by the Board at the following rates:
For the period July 1, 2011 through June 30, 2012 - One and 10/100 Dollar
($1.10) per 1,000 gallons of water; and
For the period July 1, 2012 through June 30, 2013 - One and 15/100 Dollar ($1.15) per 1,000 gallons of water.
The Village agrees to supply water to the Town for municipal purposes at the same rate that is from time to time paid by the Village to the Board for water purchased by the Village.
     FIFTH:    The Board will maintain the water supply line to the meter at the interconnections and from said meter to the outflow control valve after the meter.  All piping, lines, etc., beyond this control valve aforementioned, will be maintained by the Village entirely at its expense.
     SIXTH:    All water meters will be read on the last working date of each month and will be billed to the Village at the nearest 1,000-gallon figure.  The charges for such water so delivered and so billed shall be paid to the Board within thirty (30) days after an invoice or bill for the same is rendered.  If the Village shall fail to pay the water charges within the aforesaid thirty (30) day period, a penalty of ten (10%) percent of the amount of said bill shall be added thereto and shall be due and payable by the Village.  Any adjustment of meter readings due to any failure, such as a stopped water meter or the failure of same to function properly shall be made by the parties hereto.
The Village covenants and agrees to save the Board harmless from any claim of any person, firm or corporation to which it resells the water covered by this Agreement which claim arises by reason of the construction and maintenance of the water distribution system of the Village.
     SEVENTH:    If at any time during the term of this Agreement the Board shall supply water to a new municipal customer, the Village shall have the right to elect, by written notice to the Board, to renegotiate the water rates paid by the Village under paragraph FOURTH of this Agreement.  In such event the parties shall immediately undertake and diligently pursue negotiation of new water rates to replace the water rates set forth in paragraph FOURTH.  If the parties cannot agree on new water rates, either party may cancel this Agreement by giving at least 45 days prior written notice thereof to the other party.  In the event of such cancellation of this Agreement, charges to the Village to the effective date of such cancellation shall be calculated using the water rates set forth herein.
     EIGHTH:    The parties agree that all other laws, ordinances, rules and regulations pertaining to the purchase or use of water or to the connection by consumers to the water lines, shall be applicable to the Village and the Village shall take the necessary steps to cause any parties purchasing or using water from the Village or connecting to the Village's water service to conform to such laws, ordinances, rules and regulations applicable to other parties purchasing or using such water or connected to the water lines provided by the Board.

    IN WITNESS WHEREOF, the parties hereto have affixed their corporate seals the day and year first above written.

Town Board of the Town of Tonawanda Acting as Commissioners of the Water Acquisition and Storage District of the Town of Tonawanda

s e a l
___________________________
Anthony F. Caruana, Supervisor


___________________________
Joseph H. Emminger, Councilman


___________________________
Daniel J. Crangle, Councilman


___________________________
John A. Bargnesi, Councilman


___________________________
Lisa M. Chimera, Councilwoman


VILLAGE OF KENMORE

s e a l

___________________________
Patrick Mang, Mayor



STATE OF NEW YORK       )
COUNTY OF ERIE               )  ss:

    On the ________ day of February, in the year 2012, before me, the undersigned, personally appeared ANTHONY F. CARUANA, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.


                        _______________________________________
                        Notary Public


STATE OF NEW YORK       )
COUNTY OF ERIE               )  ss:

    On the ________ day of February, in the year 2012, before me, the undersigned, personally appeared JOSEPH H. EMMINGER, DANIEL J. CRANGLE, JOHN A. BARGNESI, JR. and LISA M. CHIMERA, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.


                        _______________________________________
                        Notary Public    
STATE OF NEW YORK       )
COUNTY OF ERIE               )  ss:

    On the ________ day of February, in the year 2012, before me, the undersigned, personally appeared PATRICK MANG, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.

                        _______________________________________
                        Notary Public

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