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Home My WebLink AboutSCWA - 275 Peconic Ln COVER SHEET FOR DOCUMENTS jSj " 2025-e SENT TO: ,� �� J jrk Sent By: TOWN ATTORNEY, PAUL M. DECHANCE DEPUTY T/A, JACK SQUICCIARINI ASSISTANTT/A, JULIE M. MCGIVNEY ASSISTANT T/A, BENJAMIN JOHNSON CONFIDENTIAL SECRETARY, AMY SCHLACHTER Type of Agree ment : : Nature of Contract/Agreement 4 c Contract#7373628 SUFFOLK COUNTY WATER AUTHORITY TAP AND SERVICE INSTALLATION CONTRACT BUSINESS PARTNER # 2000223155 THIS AGREEMENT between Town of Southold a domestic corporation OR INDIVIDUAL having its principal office at.53095 Main Rd.Southold party of the first part, hereinafter known as the "Developer', and the Suffolk County Water Authority, a public benefit corporation having its principal office at P.O. 38, 4060 S Sunrise Highway, Oakdale, New York, 11769 party of the second part, hereinafter known as "SCWA," and taken together the Parties. WHEREAS, Developer desires to secure a water service at the premises located at 275 Peconic Lane, Peconic Suffolk County, New York, and desires a 4" Fire Line tap from SCWA's water main the edge of the property identified as 1000 - 075.00 - 05.00 - 014.001 in a location shown generally on Exhibit A. (collectively the "Work"); WHEREAS, SCWA is willing to perform the Work upon the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the Parties hereto agree to and with each other as follows: l. The Developer hereby applies to SCWA for the Work. 2. The Developer shall pay to SCWA the sum of Thirty-Three Thousand Four Hundred Seventy-Two ($31472.00) simultaneously with its execution of this Agreement. Amounts paid hereunder shall not be subject to any interest charge and shall be applied and disposed of as provided herein. 3. The contract sum stated includes restoring the areas disturbed by the Work to a condition substantially similar to that which existed just prior to the commencement of the Work. 4 a. SCWA will proceed with due diligence to perform the Work, and if after completion and the ascertainment of the entire cost thereof, it shall appear that such entire cost is less than the said payment, will repay to the Developer the difference between the amount paid by the Developer and such entire cost of said Work. Contract-47373628 b. If the entire cost exceeds the amount of said payment, then SCWA provide the Developer a written invoice for such excess at Developer's address listed above. Developer shall pay to SCWA such excess within Thirty (30) days of the date of the invoice. If the payment of such excess cost is not made within thirty (30) days from the date of such invoice, then and in that event, SCWA shall have the right to deduct and retain from any monies the Developer may have on deposit with SCWA the amount of such excess cost, add such excess cost to any account the Developer maintains with SCWA, or add the amount to the premises served by the Work as a condition of service for such account in addition to effecting any other legal remedies SCWA may have. 5. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that any assignment of this contract or any interest therein, or of any money due or to become due by reason of the terms hereof without the written consent of SCWA, shall be void, except that if the Developer is a corporation, then and in the event of its corporate dissolution consent is hereby given for (1) assignment to be made to the principal stockholder or successor of said Developer, upon the assumption by the assignee of the obligations contained in this agreement. 6. IT IS FURTHER SPECIFICALLY AGREED that performance under this agreement by SCWA shall not be required or continued when circumstances beyond its control prevent, prohibit, or interfere with such performance. Such circumstances include but shall not be limited to delays in delivery of materials, weather conditions, strikes or other labor difficulties, causes commonly referred to as "Acts of God", acts or omissions attributable to the Developer and other conditions not reasonably foreseeable. 7. IT IS FURTHER UNDERSTOOD AND AGREED that SCWA may utilize its contractor(s) performing work under an existing SCWA contract(s) as of the date first written above to perform some or all of the Work. In the event that SCWA determines, in its sole discretion that (a) the project site is not made ready for the Work before the expiration of the contract to be utilized, (b) the Work cannot be completed by the expiration of said contract, or (c) a change in conditions occurs which increases or decreases the scope of the Work, SCWA shall have the right to revise the above estimate in accordance with their prevailing contract prices for the year in which the Work will take place or due to the change in conditions. In such event, if the Developer decides not to have the Work performed, the Developer may cancel this Contract, by providing written notice to SCWA and the sum above shall be refunded less design and construction drawing expense of SCWA and the contract cancelled. Contract#7373628 IN WITNESS WHEREOF, the parties have interchangeably set their hands and seals (or caused these presents to be signed by their proper corporate officers an� caused their proper corporate seals to be hereto affixed) this day of J,3 C.(•r�_ 24 (Please print name&title of person signing Agreement) SUFFOLK COUNTY WATER'AUTHORITY .... ................... fficer (See next page for acknowledgements) Contract#7373628 STATE OF NEW'YORK } )SS.. COUNTY OF SUFFOLK } l On the X3 day of Arl� in the year 2025, before me, the undersigned, a Notary Public in for said state, personally appeared Sl��cd 1— 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 LAUREN M.=&ANDISR fIOTARY,PUIK-16.�A'M-0F NEW YORK Rc{�5lration No.Ol STti16�t008 OUa1ifled In Suffolk County'arl CO41n IW6n Expires Apri19,20— STATE OF NEW YORK } )SS.. COUNTY OF SUFFOLK } On the 30 day oflur-� in the year 2025, before me, the undersigned, a Notary Public in and for said state, personally appeared ►effmy S7c�hn- 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 some 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 FC4111r�UiOm LE A PUMA State of New York ly U0026824 Suffolk County ires September 4,