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RESOLVED, that the Town Board of the Town of Sardinia finds it to be in the best interests of the Town of Sardinia to enter into the Escrow Agreement with Sardina East, LLC and hereby authorizes the Town Supervisor to execute said agreement; and be it further RESOLVED, that the Town Board of the Town of Sardinia declares that DiMatteo Roach & Kelly Attorneys at Law, as municipal attorneys for the Town of Sardinia are an appropriate legal consultant for the battery storage project and hereby authorizes the Town Supervisor to execute any necessary retainer agreement. DULY ADOPTED, this 6th day of July, 2026 by the following vote: Becker, aye, Hochadel, absent, Krist, aye, Kittleson, aye, Gambino, aye. So resolved, 4 ayes, 0 noes, 1 absent. Supervisor Gambino stated that the next item was a resolution to accept one of the two engineering proposals to work on the Towns behalf on the proposed battery energy storage facility. On a motion by Kittleson, seconded by Krist, the following resolution to be known as Resolution #16 of 2026 was moved for adoption. Resolution #16 TOWN OF SARDINIA - TOWN BOARD RESOLUTION TO ENTER INTO ENGINEERING PROFESSIONAL SERVICES AGREEMENT WHEREAS, the Town Board of the Town of Sardinia met at a regular board meeting at the Town Hall located at 12320 Savage Road, Sardinia, New York on the 11th day of June, 2026, commencing at 6:30 P.M., at which time and place the following members were: Present: Supervisor Gambino Councilman Krist Councilman Becker Councilman Kittleson Absent: Councilman Hochadel WHEREAS, all Board Members, having due notice of said meeting, and that pursuant to Article 7, §104 of the Public Officers Law, said meeting was open to the general public and due and proper notice of the time and place whereof was given as required by law; and WHEREAS, the Town of Sardinia received an application for a new battery storage project from Sardina East, LLC c/o Nexamp Solar to be located at VL Genesee Road, Sardina, New York, parcel identified as Tax ID No. 309.00-2-3; and WHEREAS, recognizing the complexity that comes with siting and permitting battery energy storage facilities, the Town feels it is necessary to engage the services of an engineer familiar with the technical language of battery energy storage regulations who will be able to advise the Town and ensure that its decommissioning regulations are being followed; and WHEREAS, the Town has entered into, or shall shortly be entering into, an escrow agreement with Sardina East, LLC to cover the expense of such engineer in accordance with Section 115-63(F)(2)(h) (“Application Fees”) of the Town Code of The Town of Sardinia; and WHEREAS, the Town of Sardinia authorized the issuance of a Request for Proposals to the following engineering firms to request sealed bids for engineering services regarding the siting and permitting of this battery energy storage project: i. Clark Patterson Lee ii. Colliers Engineering & Design iii. C & S Companies iv. Labella Associates v. MRB Group vi. Nussbaumer and Clarke, Inc. vii. Wendel ; and WHEREAS, the Town received proposals from MRB Group on June 5, 2026, and from Wendel on June 5, 2026; and WHEREAS, the Town Board, having reviewed such proposals, finds the terms and services offered by Wendel to be the most thorough and agreeable; and WHEREAS, the Town Board of the Town of Sardinia now desires to engage the services of Wendel, and shall authorize the Town Supervisor to execute a Professional Services Agreement between Wendel and the Town of Sardinia upon receipt and review of such an Agreement by the Town Attorney. NOW ON MOTION OF Councilman Kittleson which has been duly seconded by Councilman Krist, be it RESOLVED, by the Town Board of the Town of Sardinia, that the Town Supervisor is hereby authorized to execute a Professional Services Agreement with Wendel, upon review of such Professional Services