2019-91
2019-91
Resolution Accepting A Performance Agreement Secured By Surety Bond For The Maloney Heights
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 April 22, 2019.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the
following was recorded:
Vote Record - Resolution RES-2019-91
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Mover
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Voter
Withdrawn
Michael Kuzmicz Seconder
The following Resolution was introduced by Councilman Beale and seconded by Councilman Kuzmicz.
WHEREAS, Sustainable Ridgeline Corp. (“Owner”) is the owner of 9 lots and the road shown on a certain
Subdivision Plat entitled Maloney Heights Subdivision filed in the office of the Dutchess County Clerk on April
10, 2008 as Filed Map Number 12149; and
WHEREAS, on February 25, 2008, the Town Board adopted Resolution 2008-68 which accepted a performance
agreement to complete certain public improvements for the Maloney Heights subdivision which was secured by
a Surety Bond issued by INSCO INSURANCE SERVICES, INC. bearing number 775180S in favor of the
Town of Wappinger in the amount of $384,000; and
WHEREAS, revisions in Stormwater regulations required the owner of the property to make certain changes to
the Stormwater facilities that serviced the subdivision and an application for amended subdivision plat approval
was submitted to the Town of Wappinger Planning Board; and
WHEREAS, on March 4, 2019, the Town of Wappinger Planning Board issued a resolution of Amended Final
Subdivision Plat Approval which requires the Owner to post a performance guarantee in the amount of
$621,480.00 to insure the construction of the public improvements required for the subdivision; and
WHEREAS, Town Law §277 requires a developer of a proposed subdivision to guarantee the construction,
installation, and dedication of the improvements required by the Resolution of Subdivision Approval, prior to
issuance of any building permits; and
WHEREAS, the Owner executed a Performance Agreement which requires it to complete the require public
improvements for the Subdivision; and
WHEREAS, the owner has tendered to the Town of Wappinger a Bond Rider effective April 1, 2019 issued by
Developers Surety and Indemnity Company in favor of the Town of Wappinger which increases the bond
amount from $384,000 to $621,480 securing the obligations set forth in the Performance Agreement; and
WHEREAS, the Attorney to the Town, has reviewed, examined and approved the aforementioned Performance
Agreement and Bond Rider
NOW THEREFOR BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby accepts the Performance Agreement executed by Sustainable Ridgeline Corp.,
with an address of 2603 Route 52, Hopewell Junction, New York 12533 to guarantee the construction
and dedication of the public improvements shown on the Maloney Heights Amended Final Subdivision
Plat as required by the Town of Planning Board Resolution of Approval dated March 4, 2019.
2. The Town Board hereby accepts the Bond Rider to Bond No. 775180S issued by Developers Surety and
Indemnity Company that is issued in favor of the Town of Wappinger, dated April 2, 2019 in the sum of
$621,480.00, as security for the Performance Agreement to construct the public improvements pursuant
to Town Law §277.
The Town Clerk is hereby directed to file the Bond Rider together and the original Surety Bond and the
Performance Agreement for Maloney Heights in his files for said subdivision.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: William H. Beale, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Richard Thurston, William H. Beale, Angela Bettina, Michael Kuzmicz
ABSENT: Christopher Phillips
Dated: Wappingers Falls, New York
4/22/2019
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK