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3.06 3.6 AGREEMENTS\Out of District Water and WasteNvater Agreements—North High—3-10-14 RESOLUTION AUTHORIZING OUT OF DISTRICT AGREEMENTS FOR THE PROVISION OF WATER AND WASTEWATER SERVICES BETWEEN THE TOWN OF QUEENSBURY AND NORTH HIGH REALTY HOLDINGS, INC. CONCERNING PROPERTY LOCATED AT 1519 STATE ROUTE 9, QUEENSBURY RESOLUTION NO. ,2014 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, North High Realty Holdings, Inc. ("North High"), owner of the parcel of property located at 1519 State Route 9, Town of Queensbury, Warren County, New York and known as Tax Map Parcel #288.12-1-4 (the "Property") has requested that the Property be provided Town wastewater and water services, and WHEREAS, the Property is currently located outside of the boundaries of any Town Sewer or Water District, and WHEREAS, to service the property with either Town water or wastewater services, connections must be made to private water and sewer facilities owned by a neighboring property owner, Royal Hospitality, LLC ("Royal Hospitality") and currently servicing Royal Hospitality's property located at 1533 State Route 9, Queensbury, and WHEREAS, Royal Hospitality, LLC has provided written authorization for North High to connect to Royal Hospitality's lines to provide the Property with Town wastewater and water services, and WHEREAS, Royal Hospitality's property located at 1533 State Route 9, Queensbury, is also outside of any Town Water or Sewer District, however, Royal Hospitality entered into Out of District Agreements with the Town for the provision of water and wastewater services, and WHEREAS, Royal Hospitality's Out of District Agreements restrict other properties from connecting to Royal Hospitality's wastewater and sewer infrastructure, and WHEREAS, both the Town Water Superintendent and Wastewater Director have reviewed the proposed connections of the property to Royal Hospitality's water and wastewater infrastructure as well as the proposed Out of District Agreements and have approved the proposed connections and Agreements, subject to Town Board approval, and WHEREAS, as the proposed connections will have to be made to privately owned water and sewer infrastructure, modifications will have to be made to the Town's standard Out of District Agreements, and WHEREAS, the Town Board wishes to authorize the provision of municipal water and wastewater services to the Property, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board authorizes entering into Out of District Water and Wastewater Agreements with North High Realty Holdings, Inc. in forms similar to those attached hereto as Exhibits A and B and to provide Town wastewater and water services to the North High's property located at 1519 State Route 9, Queensbury New York, and BE IT FURTHER, 2 RESOLVED, that the Town Board authorizes North High to connect the Property to the wastewater and water service infrastructure owned by Royal Hospitality and currently servicing 1533 State Route 9, after the applicable Agreements are signed by all parties, and BE IT FURTHER, RESOLVED, that the connections between the Property and the infrastructure owned by Royal Hospitality and currently servicing 1533 State Route 9 shall be made in a manner directed, reviewed and approved by the Town of Queensbury Water Superintendent and Wastewater Director, respectively, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Water Superintendent and/or Wastewater Director are hereby authorized and directed to execute and deliver instruments and documents and to take all actions necessary to effectuate the respective Agreements and connections authorized herein Duly adopted this l Oth day of March, 2014, by the following vote: AYES NOES ABSENT: 3