THIS AGREEMENT, made and entered into this 12th day of March,
2002, between the TOWN OF MAINE (hereinafter "Maine"), a municipal
subdivision of the State of New York situate in Broome County, (Maine
Town Hall, 12 Lewis Street, P.O. Box 336, Maine, New York 13802),
the TOWN OF BARKER (hereinafter "Barker"), a municipal subdivision
of the State of New York situate in Broome County, (151 Hyde Street,
P.O. Box 66, Castle Creek, New York 13744), and the TOWN OF NANTICOKE
(hereinafter "Nanticoke"), a municipal subdivision of the State of
New York situate in Broome County, (755 Cherry Valley Hill Road, Maine,
New York 13802), hereinafter collectively referred to as "Towns,"
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WITNESSETH:
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WHEREAS, in 1996 the Towns entered into an agreement (hereinafter
"Host Community Agreement") with the County of Broome which, among
other things, provides for Host Community benefits as part of the
County's landfill continued operations in Barker and Nanticoke,
and
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WHEREAS, Stuart M. Pearis was appointed Deputy Town Attorney
of the Town of Nanticoke on December 13, 2001, and it is anticipated
that in that capacity he will perform legal services on behalf of
the Towns in connection with issues relating to the Host Community
Agreement and the Broome County Landfill, and
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WHEREAS, the Towns wish to make provision for the sharing of
the legal fees paid to Stuart M. Pearis as Deputy Town Attorney of
the Town of Nanticoke, disbursements he incurs relating to the Host
Community Agreement and the Broome County Landfill, and fringe benefits.
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NOW, THEREFORE, in consideration of the foregoing promises and
the mutual covenants hereinafter expressed, it is hereby agreed by
and between the parties hereto as follows:
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1.
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It is understood that, from time to time, Stuart M. Pearis will
be submitting vouchers to Nanticoke for payment of the legal fees
and disbursements reimbursement to which he is entitled in connection
with his services as Deputy Town Attorney of the Town of Nanticoke.
It is further understood that as compensation for his services as
Deputy Town Attorney of the Town of Nanticoke, Stuart M. Pearis, as
an officer of the Town of Nanticoke, shall be paid a salary by Nanticoke
at the rate of $145 per hour for each hour of services he performs
on behalf of the Towns in connection with the Host Community Agreement
and Broome County Landfill issues. It is also understood that (a)
all such salary payments to Stuart M. Pearis shall be made on the
payroll method, (b) all of such payments shall be subject to payroll
withholdings, (c) Nanticoke shall make social security and Medicare
contributions in connection therewith, and (d) Nanticoke shall take
all of those salary payments into account in making calculations and
contributions on behalf of Stuart M. Pearis for purposes of the New
York State Employees Retirement System.
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2.
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Nanticoke shall make payments directly to Stuart M. Pearis for
the legal fees to which he is entitled in connection with his services
as Deputy Town Attorney of the Town of Nanticoke and the disbursements
he incurs in connection therewith.
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3.
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Maine and Barker hereby agree to make payments to Nanticoke
to reimburse Nanticoke for (a) the salary payments it makes to Stuart
M. Pearis for legal services he performs as Deputy Town Attorney of
the Town of Nanticoke, (b) disbursements he incurs relating to the
Host Community Agreement and the Broome County Landfill located in
the Towns of Nanticoke and Barker, and (c) fringe benefit payments.
The legal fees and fringe benefit payments shall be shared by the
Towns in accordance with the following formula: Town of Maine 25%,
Town of Nanticoke 37 1/2%, and Town of Barker 37 1/2%; and
disbursements shall be shared equally by the Towns.
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4.
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Nanticoke shall, from time to time, send vouchers to Maine and
Barker for the appropriate share of legal fees, disbursements, and
fringe benefit payments payable, respectively, by Maine and Barker.
Maine and Barker shall make appropriate payments to Nanticoke after
the Town Boards of the Towns of Maine and Barker have respectively
audited those vouchers and approved them for payment.
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5.
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No waiver of any breach of any condition of the Agreement shall
be binding unless in writing and signed by the party waiving said
breach. No such waiver shall in any way affect any other term or condition
of this agreement or constitute a cause or excuse for a repetition
of such or any other breach unless the waiver shall include the same.
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6.
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A.
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The Supervisor of the Town of Maine has executed this Agreement
pursuant to a Resolution adopted by the Town Board of the Town of
Maine, at a meeting thereof held on January 8, 2002. Theodore T. Woodward,
Supervisor, whose signature appears hereafter, is duly authorized
and empowered to execute this instrument and enter into such an agreement
on behalf of the Town of Maine.
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B.
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The Supervisor of the Town of Barker has executed this Agreement
pursuant to a Resolution adopted by the Town Board of the Town of
Barker, at a meeting thereof held on March 11, 2002. Lois Dilworth,
Supervisor, whose signature appears hereafter, is duly authorized
and empowered to execute this instrument and enter into such an agreement
on behalf of the Town of Barker.
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C.
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The Supervisor of the Town of Nanticoke has executed this Agreement
pursuant to a Resolution adopted by the Town Board of the Town of
Nanticoke, at a meeting thereof held on January 10, 2002. John D.
Roat, Supervisor, whose signature appears hereafter, is duly authorized
and empowered to execute this instrument and enter into such an agreement
on behalf of the Town of Nanticoke.
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7.
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This instrument shall be executed in quadruplicate. At least
one copy shall be permanently filed, after execution thereof, in the
offices of the Town Clerks of the Town of Maine, the Town of Barker,
and the Town of Nanticoke.
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8.
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The law of the State of New York shall govern all questions
concerning the construction, validity, and interpretation of this
Agreement and the performance of the obligations imposed by this Agreement.
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9.
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This Agreement may not be amended or modified in any respect
except by a writing signed by the party to be charged with such amendment
or modification.
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10.
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This Agreement constitutes the entire agreement among the parties
hereto regarding the subject matter hereof and supersedes all prior
agreement (written or oral) which may have related in any way to the
subject matter hereof.
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IN WITNESS WHEREOF, each Town has caused its corporate seal
to be affixed hereto and these presents to be signed by its Supervisor,
duly authorized to do so, on the day and year first above written.
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