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2010-0072010-7 Resolution Accepting Roads, Easements, Utilities and Other Public Improvements Constructed in Connection with the Woods Edge Subdivision Together with Maintenance Agreement Secured by Stand -By Letter of Credit 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 January 4, 2010. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman Czarniecki. WHEREAS, Michael D. Cornell (hereinafter "Applicant"), had previously made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in a subdivision plat entitled "Woods Edge Subdivision", prepared by William H. Povall, III, P.E., of Povall Engineering, PLLC, last dated December 20, 2004; and WHEREAS, the Town of Wappinger Planning Board granted Preliminary and Final Subdivision Plat Approval, by Resolution dated July 18, 2005, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as set forth in the aforesaid Subdivision Map and related Contract Drawings, including dedication of the roads for Woods Edge Subdivision, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town Code; and WHEREAS, JBR Construction Corp. purchased the Subdivision from the Applicant and has completed development of the subdivision, including all of the improvements as required by the Resolution of Preliminary and Final Subdivision Approval; and WHEREAS, the Applicant has tendered to the Town of Wappinger the following documents: an Irrevocable Offer of Cession and Dedication for Road Parcel dated April 5, 2006, which was filed in the Dutchess County Clerk's Office on April 18, 2006 as document number 02 2006 3032; original deed for road dedication of Paulette Lane executed by Michael D. Cornell, dated April 5, 2006, together with accompanying TP -584 and RP -5217; original Grant of Snow Easement duly executed by Michael D. Cornell, dated April 5, 2006, together with accompanying TP -584; original Grant of Permanent Easements for Sewer, Storm Sewer and Water Purposes duly executed by Michael D. Cornell, dated April 5, 2006, together with accompanying TP -584; original Commitment for Title Insurance issued by First American Title Insurance Company of New York bearing Title No. RCA -813-36978; original Performance Agreement secured by Letter of Credit duly executed by JBR Construction Corp. by Jeff Hunt, dated October 31, 2006; and original Letter of Credit issued by M&T Bank in favor of the Town of Wappinger bearing number SB -909685-2000, all in recordable form and approved by the Attorney to the Town, Albert P. Roberts, by letter dated April 6, 2006; and WHEREAS, the Town Board has determined it is in the best interest of the residents of the Town of Wappinger, particularly the residents of the Woods Edge Subdivision, to accept the roads, easements, utilities and other public improvements that have been constructed in accordance with the original Resolution of Subdivision Plat Approval; and WHEREAS, pursuant to Subdivision Regulations of the Town of Wappinger, JBR Construction Corp. is required to guarantee that the quality and workmanship of the improvements accepted by the Town will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town; and WHEREAS, to guarantee the quality and workmanship of the public improvements, JBR Construction Corp., has executed a Maintenance Agreement secured by a Stand-by Letter of Credit bearing number SB -909685-2000, issued in favor of the Town of Wappinger by M&T Bank in the principal sum of Sixty -One Thousand, Two Hundred Dollars ($61,200.00); and WHEREAS, as additional security to secure the obligation that the improvements will be free from defects, Jeff Hunt, as President of JBR Construction Corp., has further agreed to personally guarantee the obligations of JBR Construction Corp. as set forth herein. 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 determines that it is in the best interest of the residents of the Town of Wappinger, particularly the residents of the Woods Edge Subdivision, to accept the road known as Paulette Lane, and related easements, utilities and other public improvements made and constructed in connection with the Woods Edge Subdivision, and, the Town Board hereby accepts same upon delivery of the original Maintenance Agreement and Stand-by Letter of Credit above mentioned. 3. The Town Supervisor, Christopher J. Colsey, Engineer to the Town, Robert J. Gray, and Attorney to the Town, Albert P. Roberts, are authorized and directed to take whatever steps are necessary to have the aforementioned Deed, Easements and related Bills of Sale, if any, recorded and/or filed in the Office of the Dutchess County Clerk and to execute any and all documents necessary for such recording and/or filing, upon a determination that the aforesaid documents are delivered free and clear of any liens or encumbrances and are otherwise in compliance with the Town's Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town Code. 4. The Maintenance Agreement executed on December 23, 2009, by JBR Construction Corp. with an address of 1061 Route 376, Wappingers Falls, New York 12590, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guarantee that the quality and workmanship of the road and other public improvements will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town as required by the Subdivision Regulations of the Town of Wappinger. 5. The Stand-by Letter of Credit issued by M&T Bank, bearing number SB -909685- 2000 and issued in favor of the Town of Wappinger in the principal sum of Sixty -One Thousand, Two Hundred Dollars ($61,200.00) securing the obligations set forth in the Maintenance Agreement, is hereby accepted as security for the Maintenance Agreement. 6. The personal guarantee issued by Jeff Hunt, incorporated into the Maintenance Agreement, in favor of the Town of Wappinger, securing the obligations set forth in the Maintenance Agreement, is hereby accepted as additional security for the Maintenance Agreement. 7. The Town Board acknowledges that the developer, JBR Construction Corp. has completed all of the work required by the Planning Board's Resolution of Preliminary and Final Subdivision Plat Approval dated July 18, 2005, and that the Performance Agreement originally executed by JBR Construction Corp. by Jeff Hunt on October 31, 2006, has been fully honored, and the Town Board hereby authorizes the Town Clerk to release the original Irrevocable Letter of Credit issued by M&T Bank in favor of the Town of Wappinger bearing number SB -909685- 2000 upon the Town Clerk's receipt of the above referenced Stand-by Letter of Credit in the sum of Sixty -One Thousand, Two Hundred Dollars ($61,200.00) in the form acceptable to the Attorney to the Town. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 1/4/2010 The Resolution is hereby duly declared adopted. U_ r IqLz:�� �14N C. MASTERSON, TOWN CLERK VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP ATTORNEYS AND COUNSELORS AT LAW GERALD A. VERGILIS* KENNETH M. STENGER ALBERT P. ROBERTS THOMAS R. DAVIS STEPHEN E. DIAMOND**** JOAN F. GARRETT** KEVIN T. McDERMOTT ANGEL I. FALCON ANTHONY M. DEFAZIO*** JAMES P. HORAN*** LISA M. COBB M. ELLEN O'SULLIVAN *ADMITTEDTOPRACTICE IN NY & FLA. **ADMITTED TO PRACTICE IN NY & CONN. *** ADMITTED TO PRACTICE IN NY & NJ ****ADMITTED TO PRACTICE IN NY, FL & MA December 21, 2009 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York Attention: Hon, Christopher J 1136 ROUTE 9 OF COUNSEL: WAPPINGERS FALLS, NEW YORK 12590 KAREN MacNISH LEGAL ASSISTANTS: (845) 298-2000 AMY E. DECARLO SANDRA A. OAKLEY FAX (845) 298-2842 SARAH SALISBURY www.vsrp.com CLOSING COORDINATOR: e-mail: info@vsrp.com MARIA JONES Colsey, Supervisor Re: Woods Edge Subdivision (Paulette Lane) Maintenance Agreement Secured by Letter of Credit Our File No, 12949.0375 Dear Chris: POUGHKEEPSIE OFFICE 276 MAIN STREET POUGHKEEPSIE, NY 12601 (845)452-1046 NEWBURGH OFFICE 372 FULLERTON AVENUE NEWBURGH, NY 12550 (845)567-3783 1 have reviewed the Maintenance Agreement executed by JBR Construction Corp. secured by a Stand-by Letter of Credit issued by M&T Bank, bearing number SB -909685-2000. A photo copy of the Stand-by Letter of Credit is affixed hereto. The Maintenance Agreement is dated December 23, 2009 and the Stand-by Letter of Credit is dated November 17, 2009. Both the Maintenance Agreement and Stand-by Letter of Credit are approved and acceptable as to form. By copy of this letter I am forwarding the original Maintenance Agreement to Tatiana Lukianoff. Accordingly, I am also enclosing herewith a Resolution Accepting Roads, Easements, Utilities and Other Public Improvements Constructed in Connection with the Woods Edge Subdivision Together with Maintenance Agreement secured by Stand-by Letter of Credit for adoption by the Town Board at its next meeting on January 4, 2010. O:\Wappinger\Pla,iningBoard\Woods Edge\122309 letter to Colsey re Main Agmt & Res Accept.doc Christopher J. Colsey, Supervisor December 21, 2009 Page 2 Very truly yours, VERGILIS, STENGER,ROB R S, DAVIS & DIAMOND, LLP r�; AL RT P. ROBERTS APR/so Enclosures cc: Hon. John C. Masterson, Town Clerk Planning Board Tatiana Lukianoff, Zoning Administrator JBR Construction Corp. O:\Wappinger\PlanningBoard\Woods Edge\122309 letter to Colsey re Main Agmt & Res Accept.doc Revised 12/18/09 MAINTENANCE AGREEMENT SECURED BY LETTER OF CREDIT WHEREAS, the undersigned, JBR Construction Corp., by its President, Jeff Hunt, with an office at 1061 Route 376, Wappingers Falls, New York 12590, has now completed the roads and other required public improvements in connection with the Subdivision known as "Woods Edge Subdivision" prepared by William H. Povall, III, P.E., of Povall Engineering, PLLC, last dated December 20, 2004, which map has been filed in the Dutchess County Clerk's Office as filed map number 11914 on December 20, 2004 (hereinafter the "Subdivision") which roads and other required public improvements are ready to be dedicated and accepted by the Town of Wappinger; and WHEREAS, pursuant to the Subdivision Regulations of the Town of Wappinger (hereinafter the "Town") the undersigned is required to guarantee that the quality and workmanship of any roads and public improvements to be dedicated to the Town in connection with the aforementioned "Woods Edge Subdivision", will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town; and WHEREAS, to secure the obligations to guarantee said roads and public improvements, the undersigned has obtained a Stand-by Letter of Credit issued by M&T Bank bearing number SB -909685- 2000, in the principal sum of Sixty One Thousand Two Hundred Dollars ($61,200.00) issued in favor of the Town of Wappinger; and WHEREAS, as additional security to secure the obligation that the roads and other public improvements will be free from defects in materials and workmanship, Jeff Hunt, as President of the undersigned, has further agreed to personally guarantee the obligations set forth in this Maintenance Agreement. -1— O:\Wappinger\PlanningBoard\Woods Edge\Maintenance Agreement - Roads & Other Improvements. DOC Revised 12/18/09 NOW, THEREFORE, the undersigned, JBR Construction Corp. by its President, Jeff Hunt, hereby guarantees that the quality and workmanship of the roads and other public improvements constructed and installed in connection with the Subdivision will be free from defects in materials and workmanship for a period of one year from the date of acceptance of said roads and improvements by the Town and the undersigned further agrees to maintain and repair said roads and public improvements in accordance with the Ordinances, Local Laws, Rules, Regulations and Code of the Town of Wappinger for a period of one year from the date of acceptance of said roads and improvements by the Town. As security for this Maintenance Agreement, the undersigned delivers to the Town the following security for the faithful performance of the obligations contained herein: A Stand-by Letter of Credit issued by M&T Bank bearing number SB -909685-2000, in the principal sum of Sixty One Thousand Two Hundred Dollars ($61,200.00) in favor of the Town, which Stand-by Letter of Credit is attached hereto, and the undersigned consents to the terms thereof as security for the obligations contained herein. The undersigned understands that if the security posted hereunder shall lapse or expire for any reason, then this Maintenance Agreement will be deemed in default and lots within the Subdivision will no longer be eligible for building permits or certificates of occupancy until new and sufficient security is posted. As additional security for this Maintenance Agreement, Jeff Hunt, as President of JBR Construction Corp. further joins in the execution of this Agreement for the sole purpose of guaranteeing the faithful performance of the obligations created hereunder. Date: December �, 2009 JBR CONSTRUCTION CORP. r f By: v Jeff u r dent Jeff , In dually as Guarantor -2— O,%Wappinger\PlanningBoard\Woods Edge\Maintenance Agreement - Roads & Other Improvements. DOC Revised 12/18/09 ACKNOWLEDGEMENT STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) rj On theD3 day of December, 2009, before me, the undersigned, personally appeared JEFF HUNT personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. F(D Notary Public SANDRA A. OAKLEY Notary Public, State of New York No.01OA6098174 Qualified in Dutchess County Commission Expires September 2,20 -3— O:\Wappinger\PlanningBoard\Woods Edge\Maintenance Agreement - Roads & Other Improvements. DOC " ire iY�rrrY ire it i nu riYr�YYrYr YrnrYnriuYrirYUYrin �irr i� rr i ►�1 M&T Bank �G i F� r�►�Nr — MHNDT— zs sovTx CHARLES TREET 11T21 FL001t BALTIMORE, MD 2120 U.S.A. --- LBTTERS of CREDIT: (410) 244- 76s (410) 244-4587 COLLECTIONST (410) 44-4565 I JBR CONSTRUCTION CORP. 1061 RTE 365 WAPPINGERS FALLS, NY 12590 near Customer; November 17, 2009 RE: Stand-by letter of credit SH-909685-2gp0 with a liability of USD61,200.00 Beneficiary: TOWN OF WAPPINCER F®ea on the above letter of credit are now ue for 365 days in advance for a billing period of 11/08/2009 hru 11/07/2010. $ 620.50 fee calculated On above ba anCe at 1.000000% 620-50 TOTAL FEE AZIOUNT We have debited your account number 4893001 55 Thank you for the opportunity to be of serwce to you. Authorized Signature �"