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HomeMy WebLinkAboutDredging - Mud CreekRESOLUTION 2010-766 ADOPTED DOC ID: 6230 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-766 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 21, 2010: WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Mud Creek (Entrance to Broadwater Cove), Town of Southold; and WHEREAS, the County of Suffolk proposed to do said dredging of Mud Creek (Entrance to Broadwater Cove) in the Town of Southold at a nominal cost to the Town of Southold; and WHEREAS, in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold; and WHEREAS, this approval shall remain in effect for the period of the required permits and any renewals thereof; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute all necessary plans and specifications~ surplus material area agreements~ assurances to the County of Suffolk, license and/or dredging permit applications to Federal and State Agencies and any and all other documents that may be required to accomplish said dredging work. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell ASSURANCES FOR DREDGING OF MUD CREEK (ENTRANCE TO BROADWATER COVE) TOWN OF SOUTHOLD, NEW YORK WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Mud Creek (Entrance to Broadwater Cove), Town of Southold, as shown on the attached maps; and WHEREAS, the County of Suffolk proposed to undertake said dredging; and WHEREAS, the Supervisor of the Town of Southold by Resolution No.,~.O{O- '7~ ~of the Town of Southold has been authorized and directed to sign for and on behalf of the Town of Southold Assurances to the County of Suffolk, that the said Town of Southold will perform any and all acts required to be performed by said Town in connection with the preparation for the dredging operation as aforesaid. In addition, the Town will obtain all necessary easements and rights-of-way for said dredging operation, obtain the use of areas adequate to contain the surplus material and secure all necessary rights incidental to said dredging operation. NOW THEREFORE in consideration of the benefits to the Town of Southold, as aforesaid, the Town of Southold hereby assures the County of Suffolk that it will: (a) Furnish, free at no cost to the County of Suffolk, all lands, easements, rights-of-way, releases from adjoining property owners, and nearby surplus material areas suitable to contain the estimated dredge volume necessary for its activities which may be performed as part of the dredging operations at Mud Creek (Entrance to Broadwater Cove) and all as shown on the attached map; that the surplus material areas shall be immediately adjacent or nearby to the location of dredging activities and within the capacity of the proposed dredging equipment so as to insure that no additional financial burden be placed on the County. As necessary, the Town shall be responsible for the transportation of the surplus material from the adjacent or nearby surplus material area to the final disposal location (landfill, etc.). In the event the Town is not equipped or cannot provide this service, it shall bear the costs for same. (b) Indemnify and hold harmless the County of Suffolk from any claims, actions, proceedings, judgments, liens, encumbrances or damages of any kind or nature what-so- ever resulting from said improvement or resulting in any way from the said dredging operation or the use of equipment at the said Town of Southold, or use of any surplus material area or any other area affected by said dredging operation whether for new work, subsequent maintenance or otherwise. IN WITNESS WHEREOF, I ha_y.~ sot my hand and seal of the Town of Southold on this [~.~t-~ Day oft~/~t"Y' , 2010 ATTEST: sTj.o[ w (Attached to above Assurance shall be a certified copy of a resolution of the Town Board authorizing and directing the Supervisor to execute this instrument)