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2015-238 2015-238 Resolution Authorizing Refund Of Cash Deposit Agreement In Connection With Shamrock Hills Subdivision 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 November 9, 2015. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following was recorded: ✓'Vote Record-ResolutionBES-2015=238 Q Adopted ( Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended !Barbara Gutzler Voter El _❑_ ❑ � El ❑ Defeated William Ciccarelli �TMovermmQ � ❑ _ _ ..._O _O ........................................................................................................................................................ ............................................................................................................................................................................................................................ . ❑ Tabled William H.Beale .Seconder..........................Q.................................................❑.................................................._ ...............................................0....................... ❑ Withdrawn Michael Kuzmicz Voter ❑ ❑ ❑ Q The following Resolution was introduced by Councilman Ciccarelli and seconded by Councilman Beale. WHEREAS, Toll Land VI Limited Partnership was the owner and developer of the Shamrock Hills Subdivision(hereinafter"Toll"); and WHEREAS, Toll has constructed all of the roads, sewer system, water system, drainage pipes and drainage system required by the Resolution of Subdivision Approval for the Shamrock Hills Subdivision; and WHEREAS, the Highway Superintendent and the Engineer to the Town have previously determined that several of the catch basins constructed by Toll were in a state of disrepair and were required to be reconstructed; and WHEREAS, Toll previously posted a Cash Security Agreement secured with a$20,000.00 cash deposit to guaranty that the repairs to the catch basins will be free from defect in materials and workmanship through June 1, 2013; and WHEREAS, Toll has replaced and/or reconstructed the required catch basins to the satisfaction of the Highway Superintendent and the Engineer to the Town; and WHEREAS, Toll has requested the return of the $20,000.00 cash deposit posted to secure the quality and workmanship of the repaired catch basins. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board hereby authorizes the release of the $20,000.00 cash deposit above described previously posted by Toll to guaranty that the repaired catch basins were free from defects in materials and workmanship. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William Ciccarelli, William H. Beale ABSENT: Ismay Czarnecki, Michael Kuzmicz Dated: Wappingers Falls,New York 11/9/2015 The Resolution is ereby� ly declared Adopted. X/ JOS H P. PAOLONI, TOWN CLERK J V