2016-265 2016-265
Resolution Accepting Performance Agreement Secured By Cash Deposit In Connection
With All Angels Heights Subdivision
At a Special 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 October
17, 2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2016-265
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Seconder Q ❑ ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Fenton.
WHEREAS, R.J.A. HLD. INC. (the "Owner") has made application to the Town of
Wappinger Planning Board to approve a subdivision of lands more particularly described in
Subdivision Plans entitled "All Angels Heights Subdivision"prepared by Barger & Miller,
Engineering & Land Surveying, PC, dated September 15, 2008, subsequently revised from time
to time, as reflected in the resolution of the Planning Board granting Final Conditional Approval
dated November 17, 2014, with the latest of the revision dates being August 12, 2014; and
WHEREAS, the Town of Wappinger Planning Board granted Final Conditional
Subdivision Approval to the Owner by Resolution dated November 17, 2014, 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, 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 the Owner to make, construct,
complete the improvements as set forth in the Resolution Granting Subdivision Approval and as
may be required by the Town's employees and professionals in accordance with any relevant
standards maintained by the Town of Wappinger and at its direction; and
WHEREAS, to secure the obligation to guarantee the construction and installation of the
required improvements and obligations, and compliance with required escrow deposits, Robert
Macho ("Macho"), as President of the Owner, and individually as guarantor, has executed a
Performance Agreement dated October , 2016 to be secured by a Cash Deposit made to the
Town of Wappinger in the sum of One Hundred Four Thousand, Four Hundred and Twenty-
Seven Dollars and Sixty Cents ($104,427.60), to secure the obligations set forth in the
Performance Agreement; and
WHEREAS, the Owner and Macho have covenanted and warranted to the Town of
Wappinger that, in the event that the Owner 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 Cash Deposit 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
Cash Deposit toward the completion of any improvements required by the Resolution of
Approval upon the default of the Owner to remedy the same within thirty (30) days following the
first written notice to do so given to the Owner by the Town of Wappinger; and
WHEREAS, the Performance Agreement executed by the Owner and by Macho
individually as guarantor, further binds their heirs, executors, administrators, successors and
assigns for the faithful performance of the obligations thereunder.
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 Robert Macho, both as President of the
Owner and 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 November 17, 2014.
3. A Cash Deposit given to the Town of Wappinger in the sum of One Hundred Four
Thousand, Four Hundred and Twenty-Seven Dollars and Sixty Cents ($104,427.60)is hereby
declared to be acceptable as security for the obligations set forth in the Performance Agreement.
The original Performance Agreement 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: Michael Kuzmicz, Councilman
SECONDER: John J. Fenton, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
10/17/2016
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK