2015-145 I
2015-145
Resolution Accepting Performance Agreement Secured By Performance Bond In Connection
With Hilltop Village At Wappinger(The Regency At Wappinger)
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County,New
York, held at Town Hall, 20 Middlebush Road, Wappingers Falls,New York, on June 8, 2015.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called,the
following was recorded:
Vote Record-IResolution.RES-2015-145
D Adopted _. .__, —Yes/Aye No/Nay Abstain E Absent
— —
El Adopted as Amended BarbazaGut_zlerVoter D ❑ _❑
❑
t--� ______
Williamaz
Ciccelli� Voter I D ❑ — ❑ El❑ Defeated ..............................................................................................................................i.................................................................................................. .......
......1 ............................i...............................................
13 _
Tabled William H.:.Beale Voter D ❑ i ❑ j ❑
......................................................................................................... ...........
Isma Czarmeek-i Mover ? D ❑ 0 ❑
❑ Withdrawn Y................................."...
Michael Kuzmiez Seconder; D ❑
The following Resolution was introduced by Councilman Czarniecki and seconded by
Councilman Kuzmicz.
WHEREAS, Toll Brothers, Inc. (the "Applicant") on behalf of Contrail, LLC (the "Owner") had
made application to the Town of Wappinger Planning Board to approve a subdivision of lands more
particularly described in Subdivision Plans entitled"Hilltop Village of Wappinger"prepared by Povall
Engineering, PLLC and survey by Robert V. Oswald, Jr. Land Surveying, LLC, dated May 28, 2013,
last revised July 18,2013; and
WHEREAS,the Town of Wappinger Planning Board granted Final Conditional Subdivision
Approval to Toll Brothers, Inc. as Applicant and Contrail, LLC as Owner pursuant to Resolution dated
March 18, 2013, subject to certain public improvements being made and constructed within said
subdivision as set forth in the construction documents prepared and submitted in connection therewith,
and subject to completion of and/or the compliance with the requirements set forth in the Town of
Wappinger Subdivision Regulations, Highway Specifications, Zoning Code (including compliance with
escrow deposits), Municipal Stormwater Management Law, and Rules and Regulations of the Town of
Wappinger; and
WHEREAS, Contrail, LLC conveyed its rights and interest in said subdivision to Toll Land V,
Limited Partnership; and
WHEREAS,Town Law §277 requires that a developer of a proposed subdivision guarantee the
construction, installation and dedication of the proposed improvements required by the Resolution of
Approval,prior to the issuance of any Building Permits; and
WHEREAS,the Town of Wappinger is requiring Toll Land V, Limited Partnership to make,
construct, complete the concrete sidewalks, site lighting and street trees, as set forth in the Bond
Estimate affixed hereto as Schedule "A", in accordance with any relevant standards maintained by the
Town of Wappinger Highway Department and at the direction of the Town of Wappinger; and
WHEREAS, to secure the obligation to guarantee the construction and installation of the
required improvements and obligations, and compliance with required escrow deposits, James
Fitzpatrick, as Division President of Toll Land V, Limited Partnership, and individually as guarantor,
has executed a Performance Agreement dated May 19, 2015 secured by a Performance Bond issued by
Arch Insurance Company, bearing Bond No. SUI 133194 and issued in favor of the Town of Wappinger
in the sum of Three Hundred Seventy Seven Thousand Eight Hundred Dollars ($377,800.00)posted
with the Town of Wappinger, securing the obligations set forth in the Performance Agreement; and
WHEREAS, Toll Land V, Limited Partnership covenants and warrants to the Town of
Wappinger that in the event Toll Land V, Limited Partnership fails to fully perform and complete all the
requirements of the Resolution of Approval,then, upon the demand of the Town of Wappinger,the
Town of Wappinger shall have the right to draw upon the Performance Bond in an amount equal to the
cost necessary to complete the required improvements; and
WHEREAS, it is understood that the Town of Wappinger shall have the right to use said
security toward the completion of any required improvements required by the Resolution of Approval
upon the default of Toll Land V, Limited Partnership to remedy the same after the first given written
notice to Toll Land V, Limited Partnership to do so within thirty (30) days of receipt of said notice from
the Town of Wappinger; and
WHEREAS,the Performance Agreement executed by Toll Land V, Limited Partnership, and
James Fitzpatrick individually as guarantor, further binds their heirs, executors, administrators,
successors or assigns for the faithful performance of its obligations hereunder.
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 James Fitzpatrick, as Division President of Toll
Land V, Limited Partnership, and James Fitzpatrick, individually, in favor of the Town of Wappinger is
hereby accepted as security to guarantee the completion of the construction, installation and dedication
of the improvements required by the Resolution of Approval adopted by the Planning Board on March
18, 2013.
3. The Performance Bond issued by Arch Insurance Company, bearing Bond No.
SUI 133194, and issued in favor of the Town of Wappinger, dated May 26, 2015 is hereby accepted as
security for the obligations set forth in the Performance Agreement.
Both the original Performance Bond and the original Performance Agreement in the amount of Three
Hundred Seventy Seven Thousand Eight Hundred Dollars ($377,800.00) is to be placed on file with the
Town Clerk.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ismay Czarnecki, Councilwoman
SECONDER: Michael Kuzmicz, Councilman
AYES: Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz
Dated: Wappingers Falls,New York
6/8/2015
The Resolution is here b ly declared Adopted.
JOSEPH P PAOLONI, TOWN CLERK