2015-206 2015-206
Resolution Accepting Second Reduction In The Security Posted With The Performance
Agreement Secured By A Surety Bond For The Hilltop Village (Regency At Wappinger) Project
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-'Resolution RES-2015-206 _..
Q Adopted __ Yes/Aye No/Nay Abstain �Absent
❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑
William Ciccarelli Voter Q ❑ ❑
❑ Defeated ...................................................: ❑
William H.Beale Seconder Q ❑ ❑ ❑
❑ Tabled ............... ........................ .................................................. ................... .............. ........... .................................................._................................................:
.................
❑ Withdrawn Isma.Y._Czarniecki............................................ Voter L.......................❑......................_i ❑ ❑ i Q
...:.................................. ... ........................................................................0......................E....................0....................
Michael Kuzmicz Mover Q ❑
The following Resolution was'introduced by Councilman Kuzmicz and seconded by Councilman
Beale.
WHEREAS, Toll Brothers, Inc. (the "Applicant") on behalf of Contrail, LLC (the "Owner") had made
application to the Town of Wappinger Planning Board for Site Development Plan and Wetlands Permit
Approvals for construction of a 225-unit(132 detached and 93 attached units) age-restricted residential
development known as "Hilltop Village at Wappinger" (the"Project"); and
WHEREAS,the Project includes a club house, recreational amenities,preservation of natural
areas as permanent open space, reconstruction of an existing private road (identified as Road A)to be
dedicated to the Town, dedication of 1.43 acres of land for future use by the Town, dedication of a 51.7
acre parcel adjacent to the existing Town,Recreation Center on Robinson Lane for recreational use,
construction of an off-site Town water system upgrade identified as "Water Main Extension Loop from
Meadowood Wells -All Angels Hill Road," a water and sewer buy-in fee of$243,000 as well as
recreation fees in the amount of$1.25 million to be paid to the Town; and
WHEREAS,the Town of Wappinger Planning Board granted Site Development Plan and
Wetlands Permit Approvals by Resolution dated March 18, 2013, as well as Preliminary and Final
Subdivision Plat Approvals by Resolution dated March 18, 2013, as shown on subdivision plans entitled
"Hilltop Village at Wappinger, Town of Wappinger,Dutchess County,New York"prepared by Povall
Engineering, PLLC, last revised on February 15, 2013; and
WHEREAS,the Planning Board Resolution of Site Development Plan Approval allowed for
implementation of the Project in sections subject to certain improvements being made and constructed as
set forth on the aforementioned Site Development Plan and Wetlands Permit Approval and related
contract drawings, and in accordance with the Town of Wappinger Subdivision Regulations,Zoning
Code, Highway Specifications, Municipal Stormwater Management Law, and Rules and Regulations of
the Town of Wappinger all as set forth in the plans and specifications recited in the aforementioned
Resolution of Site Development Plan and Wetlands Permit Approvals and Preliminary and Final
Subdivision Plat Approvals; and
WHEREAS, Town Law §277 requires that the developer of a proposed subdivision guarantee
the construction, installation, and dedication of the required public improvements by the Resolution of
Subdivision Approval,prior to issuance of any building permits; and
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WHEREAS, Toll Land V Limited Partnership, the successor in interest to Toll Brothers, Inc.
executed and posted a Performance Agreement Secured by a Surety Bond No. 39BSBGG1368 issued by
Hartford Fire Insurance Company in favor of the Town of Wappinger in the principal sum of Two
Million Three Hundred Twelve Thousand Two Hundred Seventy-Two Dollars ($2,312,272.00) ,which
was subsequently authorized to be reduced to the amount of One Million Three Hundred Sixty Six
Thousand Four Hundred Forty-Six Dollars ($1,366,446.00) by Resolution No. 2014-266 adopted by the
Town Board on October 27, 2014; and
WHEREAS, Toll Brothers, Inc. has completed more of the required improvements; and
WHEREAS, by letter dated September 17, 2015, Engineer to the Town,Robert J. Gray,P.E. of
Morris Associates Engineering& Surveying Consultants, PLLC, a copy of which is affixed hereto,
determined that the construction value of the work remaining to be completed was Four Hundred Sixty
Two.Thousand Four Hundred Fifty-Seven Dollars ($462,457.00), inclusive of administrative costs; and
WHEREAS,the Town Board hereby agrees to and authorizes a reduction in the security posted
with the Performance Agreement, and hereby agrees to accept a Surety Bond in the sum of Four
Hundred Sixty Two Thousand Four Hundred Fifty-Seven Dollars ($462,457.00) as security to guarantee
completion of the remaining work.
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 hereby agrees to accept a Surety Bond in the amount of Four Hundred
Sixty Two Thousand Four Hundred Fifty-Seven Dollars ($462,457.00), as the security posted with the
Performance Agreement to insure that the improvements required for the Project will be properly
completed as required by the Planning Board Resolutions of Approval dated March 18, 2013.
3. The Surety Bond previously posted in the amount of One Million Three Hundred Sixty Six
Thousand Four Hundred Forty-Six Dollars ($1,366,446.00) is hereby authorized to be released by the
Town Clerk upon delivery to him of the above referenced Surety Bond in form acceptable to the
Attorney of the Town.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, 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.
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JrOSFPH P. PAOLONI, TOWN CLERK
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