2020-119
2020-119
Resolution Accepting A Performance Agreement Secured By Cash Deposit For The Myers
Corners Landing 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 June 8,
2020.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
Vote Record - Resolution RES-2020-119
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Seconder
Withdrawn
Al Casella Mover
The following Resolution was introduced by Casella and seconded by Councilman
Phillips.
WHEREAS, R.J.A. Hld., Inc.(“Applicant”) made application to the Town of Wappinger
Planning Board (hereinafter the “Planning Board”) to approve a subdivision of lands shown on a
Subdivision Plat entitled "Subdivision Plan for Myers Corners Landing Subdivision" last revised
December 23, 2019; and
WHEREAS, the Planning Board granted conditional approval for a final subdivision plat
pursuant to a Resolution dated July 16, 2018, subject to certain public improvements being made
and constructed within said subdivision and subject to completion of the requirements set forth in
the Town Subdivision Regulations, Highway Specifications and Zoning Law, and further subject
to the requirements set forth in a set of construction documents, specifically identified in the plat;
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 Applicant has executed a Performance Agreement which requires it to
complete the require public improvements for the Subdivision; and
WHEREAS, the Applicant has tendered to the Town of Wappinger a bank check in the
sum of $122,000.00 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
WHEREAS, the Applicant covenants and warrants to the Town of Wappinger that in the
event it fails to fully perform and complete all the requirements as set forth in the Performance
Agreement, then, upon the demand of the Town of Wappinger, the Town of Wappinger shall
have the right to draw upon the aforementioned security deposit in an amount equal to the cost
necessary to complete the required improvements.
NOW THEREFOR BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby accepts the Performance Agreement executed on May
14, 2020 by R.J.A. Hld., Inc., to guarantee the construction and dedication of the public
improvements shown on the Subdivision Plat for Myers Corners Subdivision as required by the
Town of Planning Board Resolution of Approval dated July 16, 2018.
2. The Town Board hereby accepts the bank check in the sum of $122,000.00, as
security for the Performance Agreement to construct the public improvements pursuant to Town
Law §277.
3. The Town Supervisor is directed to deposit the aforementioned bank check in a
bank account maintained by the Town, to be held in escrow, pending compliance with the terms
of the Performance Agreement.
4. The Town Clerk is hereby directed to file the original Performance Agreement
executed on May 14, 2020 in his files.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
6/8/2020
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK