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EXTENSION AGREEMENT BETWEEN THE TOWN BOARD OF THE TOWN OF BROOKHAVEN
FOR AND ON BEHALF OF _______ WATER DISTRICT AND ______________________
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THIS INSTRUMENT, executed this _____ day of 19______, by and between
_________ of ________, party of the first part, hereinafter called the "owner,"
and the Town Board of the Town of Brookhaven, for and on behalf of __________
Water District, party of the second part, hereinafter called the "Town Board."
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WITNESSETH, that whereas the owner desires to secure water and water
service for the premises hereinafter described and/or is interested in the
development and sale of a tract of land situate at _________ in the Town of
Brookhaven, Suffolk County, New York, and within the _________ Water District,
and desires an extension of mains with appurtenances of the __________ Water
District as follows: (legal description) and
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WHEREAS, the Town Board, for and on behalf of said Water District, is
willing that such extension be made upon the terms and conditions hereinafter
set forth;
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NOW, THEREFORE, in consideration of the mutual promises hereinafter
expressed and of the sum of $1 paid by each of said parties to the other,
the receipt whereof is hereby mutually acknowledged, the said parties do hereby
mutually agree as follows:
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1.
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The owner has applied in writing to the Town Board for the above extension
of water mains and appurtenances of and in the . |
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2.
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The owner will, simultaneously with the execution and delivery of this
agreement, pay to the Town Board, the sum of ______ dollars ($), and the Town
Board agrees that the cost of the extension will not exceed the said sum.
The said amount so paid shall be retained by the Town Board without interest,
but subject to repayment to the owner of the balance not expended for the
extension as hereinafter provided.
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3.
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The Town Board will proceed with due diligence to effect the said extension,
by contract or otherwise, 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, the Town Board will forthwith cause to be repaid to the
owner the difference between the amount paid by the owner and such entire
cost of said extension.
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4.
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It is hereby further mutually understood and agreed that water pipes
used in the construction of said water main extension shall be six-inch pipe
unless the Town Board shall determine that a different size pipe will be more
advantageous.
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5.
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It is further mutually understood and agreed that mains laid or to be
laid in said streets shall be and remain the property of the Water District,
its successors and assigns and that the Town Board retains and shall have
the right to extend any main installed by it pursuant to the terms of this
agreement in or to other lands, streets or avenues, but the party of the first
part hereof shall not by reason thereof be entitled to any repayments.
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6.
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It is further mutually understood and agreed that before any pipes are
laid or roads or streets opened to lay pipes under this agreement, the party
of the first part shall procure and deliver to the Town Board any and every
easement in, over and upon any private property or public highway which the
Town Board, in its discretion, shall require for the installation of said
water pipes and appurtenances and shall also procure release and consent from
any mortgagor and/or lienor.
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7.
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This agreement shall not be assigned by the owner unless the consent
of the Town Board expressed by its resolution shall be first obtained, and
any attempt by the owner to assign this agreement without said consent of
the Town Board having been made shall be a good and sufficient cause for the
termination of this agreement by the Town Board, as to any repayment to the
owner as provided in Paragraph Number 3 hereof.
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8.
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Any leak occurring in the service pipe between said water main and the
premises of the owner and/or upon the premises of the owner shall be promptly
stopped and repaired by the owner at his expense. Unless such leak is promptly
stopped and repaired by the owner, the Town Board shall stop the supply of
water until said leak shall be effectively repaired.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals on the day and year first above written.
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L.S.
Owner
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TOWN BOARD OF THE TOWN OF BROOKHAVEN
Supervisor
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Councilmen
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