2015-205 2015-205
Resolution Authorizing Release Of Performance Agreements Secured By Surety Bond And
Letter Of Credit In Connection With The Nature Preserve
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
September 29, 2015.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called,the following was recorded:
✓
.vote Record-ResolutioniRES-2015-205
Q Adopted Yes/Aye No/Nay Abstain Absent
..... ................... ......... ......... ..............
Barbara Gutzler Voter Q ❑ ❑ ❑
❑ Adopted as Amended ---------- -- --- -- -- —
❑ Defeated _William CiccarelliVoterQ ❑ _❑ _❑
❑ Tabled William H.Beale ................................... ! Mover _Q ..._...... — ❑ ❑ ...—�� ... ❑ .....
................................................................. .......... ................................ ................. .
❑ Withdrawn
....:.....
............
.._Is! aY.Czarnecki.................................... Voter ❑ ❑ ❑ Q
....................................................................,.............................._.....................................................................................
Michael Kuzmicz
� Seconder. Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Kuzmicz.
WHEREAS,the Town Board had previously accepted a Performance Agreement dated
September 23, 2008 secured by a Surety Bond issued by NGM Insurance Company in the sum of
Twenty Thousand Dollars ($20,000.00), bearing Bond No. S-435493,in the favor of the Town of
Wappinger,to secure the developer's obligations to guarantee the construction and installation of
the Tennis Court and related improvements; and
WHEREAS,the Town Board had fiuther accepted a Performance Agreement dated
September 15, 2014 secured by a Letter of Credit issued by First Niagara Bank in the sum of
One Hundred Twenty Two Thousand Two Hundred Forty-Four Dollars ($122,244.00),bearing
number 430212, in favor of the Town of Wappinger,to secure the developer's obligations to
guarantee the construction and installation of the other site improvements required by the
Resolution of Subdivision Approval; and
WHEREAS,the Engineer to the Town, Robert J. Gray, P.E. of Morris Associates
Engineering& Surveying Consultants, PLLC,by letter dated September 17, 2015, has inspected
the tennis court and other site improvements and finds that they have been completed as required
by the Resolution of Subdivision Approval; and
WHEREAS, since the tennis court and other site improvements are to be maintained by
the Homeowner's Association and not dedicated to public use,there is no need for a
Maintenance Bond.
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 Town Board acknowledges that the tennis court and other required public
improvements has been inspected by the Engineer to the Town, Robert J. Gray, P.E.., and that
his inspection revealed that the tennis court and other site improvements were completed in
accordance with the Resolution of Subdivision Approval, and that there were no deficiencies in
i
{ the construction thereof, and recommends that the Performance Agreements together with their
Surety Bond and Letter of Credit be released to the developer.
3. Town Clerk, Joseph P. Paoloni, is hereby authorized to return the Surety Bond
issued by NGM Insurance Company in the sum of Twenty Thousand Dollars ($20,000.00),
bearing Bond No. S-435493, in favor of the Town of Wappinger.
Town Clerk, Joseph P. Paoloni, is hereby further authorized to return the Letter of Credit issued
by First Niagara Bank in the sum of One Hundred Twenty Two Thousand Two Hundred Forty-
Four Dollars ($122,244.00), bearing number 430212, in favor of the Town of Wappinger.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Barbara Gutzler, William Ciccarelli, William H. Beale, Michael Kuzmicz
ABSENT: Ismay Czarniecki
Dated: Wappingers Falls,New York
9/29/2015
The Resolution is hereby duly declared Adopted:
OSEPH P. PAOLONI, TOWN CLERK