2024-1132024-113
Resolution Accepting Performance Bond From Myers Run, LLC
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,
2024.
The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2024-113
Yes/Aye
No/Nay
Abstain
Absent
Q Adopted
❑ Adopted as Amended
Joseph D. Cavaccini
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
❑
❑
❑
Q
❑ Withdrawn
Christopher Phillips
Seconder
Q
❑
❑
❑
Al Casella
Mover
Q
❑
❑
❑
The following Resolution was introduced by Casella and seconded by Councilman
Phillips.
WHEREAS, Myers Run, LLC ("Owner") is the owner of two parcels on Myers Corners Road, parcel
numbers 135689-6358-03-032492-0000 and 135689-6258-04-976478-0000, and
WHEREAS, on October 3, 2022, the Planning Board adopted a Resolution of Conditional Final
Subdivision Approval which includes the obligation to secure a Surety Bond issued by Unity
Casualty Surety Insurance Company bearing number UCSX333X3391 in favor of the Town of
Wappinger in the amount of $278,900.00, 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
NOW THEREFOR BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby accepts the Performance Agreement executed by Myers Run, LLC
with an address of 46 Vassar Road, Poughkeepsie, NY 12603 to guarantee the construction and
dedication of the public improvements shown on the Myers Run Final Subdivision Plat as required
by the Town of Planning Board Resolution of Approval dated October 3, 2022.
2. The Town Board hereby accepts the Bond Rider to Bond No. UCSX333X3391 issued by
Unity Casualty Surety Insurance Company that is issued in favor of the Town of Wappinger, dated
November 6, 2023 in the sum of $278,900.00, 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 Myers Run in his files for said subdivision.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
Dated: Wappingers Falls, New York
4/22/2024
The Resolution is hereby duly declared Adopted.
JOSEPH P. PAOLONI, TOWN CLERK