2019-144
2019-144
Resolution Accepting A Performance Agreement Secured By Letter Of Credit For The
Furnia 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 July 8,
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-2019-144
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Seconder
Tabled
Christopher Phillips Mover
Withdrawn
Michael Kuzmicz Voter
The following Resolution was introduced by Councilman Phillips and seconded by
Councilwoman Bettina.
WHEREAS, Hybridhomedevelopers, LLC filed an application for subdivision plat approval with
the Town of Wappinger Planning Board for a certain parcel in the Town of Wappinger
designated as Lot No. 5 of a certain Subdivision Plat entitled “Swenson Subdivision” filed in the
office of the Dutchess County Clerk on October 15, 1986 as Filed Map Number 7771
(“Premises”); and
WHEREAS, on March 18, 2019, the Town of Wappinger Planning Board issued a resolution of
Final Subdivision Plat Approval for the Furnia Subdivision which depicts a road, water main,
drainage improvements and other infrastructure which will be dedicated to the Town of
Wappinger; 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 Engineers to the Town, CPL, calculated the amount of the guarantee for
construction of the improvements to be $260,640.00; and
WHEREAS, by deed dated March 15, 2019, Rieger Homes, Inc. (“Owner”) acquired title to the
Premises from Hybridhomedevelopers, LLC; 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 an Irrevocable Standby Letter of
Credit effective June 21, 2019 issued by Salisbury Bank in favor of the Town of Wappinger in
the amount of $260,640.00 securing the obligations to construct the subdivision improvements as
set forth in the Performance Agreement; and
WHEREAS, the Attorney to the Town, has reviewed, examined and approved the
aforementioned Performance Agreement and Letter of Credit and has issued his approval;
NOW THEREFOR BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby accepts the Performance Agreement executed by Rieger Homes,
Inc. with an address of 6 Old North Plank Road, Newburgh, New York 12550 to
guarantee the construction and dedication of the public improvements shown on the
Furnia Final Subdivision Plat as required by the Town of Planning Board Resolution of
Approval dated March 18, 2019.
2. The Town Board hereby accepts the Irrevocable Standby Letter of Credit effective June
21, 2019 issued by Salisbury Bank in favor of the Town of Wappinger in the sum of
$260,640.00 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: Christopher Phillips, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz
Dated: Wappingers Falls, New York
7/8/2019
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK