2016-263 2016-263
Resolution Accepting First Reduction In The Security Posted With The Performance
Agreement 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 October
11, 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-2016-263
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 Mover Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Seconder Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Ciccarelli 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 at Wappinger"prepared by Povall
Engineering, PLLC and survey by Rovert 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 further 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 the developer of a proposed subdivision to 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
WHEREAS,the Town of Wappinger required Toll Land V, Limited Partnership, to make,
construct and complete the concrete sidewalks, site lighting and street trees, 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, 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 Brothers, Inc. has completed a substantial amount of the required
improvements; and
WHEREAS,by letter dated October 5, 2016, Engineers to the Town, Morris Associates
Engineering & Surveying Consultants, PLLC, confirmed that some of the required improvements have
been completed and determined that the construction value of the work remaining to be completed was
Two Hundred Fifty-Seven Thousand Three Hundred Thirty Dollars ($257,330.00); 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 reduced Surety Bond in the sum of Two
Hundred Fifty-Seven Thousand Three Hundred Thirty Dollars ($257,330.00) 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 Two Hundred
Fifty-Seven Thousand Three Hundred Thirty Dollars ($257,330.00), as the security posted with the
Performance Agreement to insure that the remaining improvements required for the project will be
properly completed as required by the Planning Board Resolutions of Approval dated March 18, 2013.
The Surety Bond previously posted in the amount of Three Hundred Seventy-Seven Thousand Eight
Hundred Dollars ($377,800.00)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: William Ciccarelli, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
10/11/2016
The Resolution is hereby duly declared Adopted.
JOS P P. PAOLONI, TOWN CLERK
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