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2005-14410/24/2005.RGM Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Absent The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-143 RESOLUTION AUTHORIZING PURCHASE OF FENCE FOR REESE PARK The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, Recreation Commission Member Joseph Ennesser has received bids from the following companies for erecting fence at Reese Park: Mid Hudson Fence $4,300.00 A-1 Fence Co. $3,489.00 DiPiet Fence Co. $6,250.00 WHEREAS, the Recreation Committee has requested a purchase order in the amount of Three -Thousand Four Hundred Eighty Nine and 00/100 ($3,489.00) to A-1 Fence Company. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of Three -Thousand Four Hundred L L and Eighty Nine Dollars ($3,489.00) made payable to A-1 Fence Company from Accounts A-7110.4-403 and A-7110.4-427in accordance with the letter dated September 25, 2005 from Joseph Ennesser a member of the Recreation Commission. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Absent The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-144 RESOLUTION ACCEPTING A PERFORMANCE AGREEMENT SECURED BY LETTER OF CREDIT FOR MEADOWOOD SUBDIVISION PARCEL 1, SECTION 1 The following. Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, in connection with the Meadowood Subdivision, Parcel 1, Section 1, Meadowood Development Corp. by Steve Domber, its President originally executed and posted a Performance Agreement secured by a letter of Credit; and 1012412005.RGM WHEREAS, in connection with the Meadowood Subdivision, Parcel 1, Section 1, the Performance Agreement was secured by a Letter of Credit (No. SB 906391-2000) issued by Manufactures and Traders Trust Company in favor of the Town of Wappinger in the sum of Nine Hundred Eight Thousand Two Hundred Dollars ($908,200.00) posted by the O'Donnell Group, LLC, the owners of the subdivision; and WHEREAS, the O'Donnell Group, LLC has been substituted as developer and is in place and instead of Meadowood Development Corp., and in accordance therewith O'Donnell Group, LLC has tendered to the Town of Wappinger a Performance Agreement Secured by a Letter of Credit in the principal amount of Nine Hundred Eight Thousand Two Hundred Dollars ($908,200.00); NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Performance Agreement executed by O'Donnell Group, LLC in favor of the Town of Wappinger is accepted as the guarantee of completion of construction, installation and dedication of the improvements required by the Resolution of Subdivision Approval pursuant to Town Law Section 277. 3. The Irrevocable Letter of Credit issued by Manufacturers and Traders Trust Company bearing No. SB 906391-2000 issued in favor of the Town of Wappinger dated October 6, 2004 and extended through October 5, 2006 is hereby accepted as security for the Performance Agreement and for the original Performance Agreement and the original Letter of Credit and have been placed on file with the Town Clerk. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Absent The Resolution is hereby duly declared adopted. UNANIMOUS CONSENT Councilwoman McCarthy moved to place Resolution 2005-145-A as amended, on tonight's agenda, seconded by Councilman Bettina and unanimously carried. RESOLUTION NO. 2005-145 A RESOLUTION AUTHORIZING HIGHWAY SUPERINDENDENT TO GO OUT TO BID FOR HIGHWAY EQUIPMENT r J