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2010-0682010-68 Resolution Accepting Roads, Easements, Utilities and Other Public Improvements Constructed in Connection with the Hilltop Business Park Subdivision Together with Maintenance Agreement Secured by Maintenance Bond 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 25, 2010. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Christopher J. Colsey Councilmembers - William H. Beale Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni ABSENT: The following Resolution was introduced by Councilman Beale and seconded by Councilman Paoloni. WHEREAS, Andlyn Associates, Inc. (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 " Hilltop Business Park", prepared by Lawrence J. Paggi, P.E. and Gary R. LaTour, LS, dated October 19, 1999, last revised July 2, 2001; and WHEREAS, the Town of Wappinger Planning Board granted Preliminary and Final Subdivision Plat Approval, by Resolution dated November 20, 2000, 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 Hilltop Business Park 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, Andlyn Associates, Inc. has completed development of the subdivision, including all of the improvements as required by the Resolution of Final Subdivision Approval, dated November 20, 2000; and WHEREAS, the Town Board has determined it is in the best interest of the residents of the Town of Wappinger, particularly the owners of the lots in the Hilltop Business Park 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, Andlyn Associates, Inc., 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, specifically, the roads and related drainage improvements, Andlyn Associates, Inc., has executed a Maintenance Agreement dated January 20, 2010; and WHEREAS, the Maintenance Agreement will be secured by a Maintenance Bond to be issued by Utica Mutual Insurance Company of New Hartford, New York, in the sum of Fifty -Six Thousand, Two Hundred Forty -Two Dollars and 00/100 ($56,242.00), in accordance with the sample Maintenance Bond attached hereto and made a part hereof; and WHEREAS, Utica Mutual will not release the Maintenance Bond until such time as the Town Clerk releases the Performance Bond bearing bond number SU3288479 in the principal amount of Sixty Thousand, Two Hundred Fifty -Eight Dollars and 00/100 ($60,258.00) as set forth below; and WHEREAS, as additional security to secure the obligation that the improvements will be free from defects, Nicholas J. DeLuccia, as President of Andlyn Associates, Inc., has further agreed to personally guarantee the obligations of Andlyn Associates, Inc. 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 owners of lots in the Hilltop Business Park Subdivision, to accept the road known as Bill Horton Way, and related easements, utilities and other public improvements made and constructed in connection with the Hilltop Business Park Subdivision, and the Town Board hereby accepts same upon delivery of the original Maintenance Agreement and Maintenance Bond above mentioned. 3. The Town Supervisor, Christopher J. Colsey, the Engineer to the Town, Robert J. Gray, and the Attorney to the Town, Albert P. Roberts, are authorized and directed to take whatever steps are necessary to have the deeds, easements and any 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 improvements 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 January 20, 2010, by Andlyn Associates, Inc., with an address of 210 New Hackensack Road, 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 Maintenance Bond to be issued by Utica Mutual Insurance Company and issued in favor of the Town of Wappinger as obligee in the principal sum of Fifty - Six Thousand, Two Hundred Forty -Two Dollars and 00/100 ($56,242.00), securing the obligations set forth in the Maintenance Agreement, is hereby accepted as security for the Maintenance Agreement. 6. The personal guarantee issued by Nicholas J. DeLuccia, 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, Andlyn Associates, Inc., has completed all of the work required by the Planning Board's Resolution of Final Subdivision Plat Approval, dated November 20, 2000, and that the Performance Agreement originally executed by Andlyn Associates, Inc. by Nick DeLuccia, on October 12, 2001, has been fully honored, and the Town Board hereby authorizes the Town Clerk to release the original Performance Bond issued by Utica Mutual Insurance Company in favor of the Town of Wappinger, bearing Bond #SU3288479, in the principal amount of Sixty Thousand, Two Hundred Fifty - Eight Dollars and 00/100 ($60, 258.00), on condition that Utica Mutual simultaneously, or as soon as practicable thereafter, delivers to the Town Clerk the Surety Maintenance Bond in the sum of Fifty -Six Thousand, Two Hundred Forty -Two Dollars and 00/100 ($56,242.00), 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 1/25/2010 The Resolution is hereby duly declared adopted. 4HN C. ASTERSON, TOWN CLERK MAINTENANCE AGREEMENT SECURED BY MAINTENANCE BOND WHEREAS, the undersigned, Andlyn Associates, Inc., with offices at 210 New Hackensack Road, Wappingers Falls, New York 12590, has now completed the roads and other required public improvements in connection with the Subdivision known as " Hilltop Business Park", prepared by Lawrence J. Paggi, P.E. and. Gary R. LaTour, LS, dated October 19, 1999, last revised July 2, 2001, which map has been filed in the Dutchess County Clerk's Office as filed map number 11264 (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 "Hilltop Business Park 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 the quality and workmanship of said roads and public improvements, the'undersigned has obtained a Maintenance Bond issued by Utica Mutual Insurance Company in the principal sum of -Fifty Six Thousand Two Hundred Forty Two Dollars ($56,242.00) issued in favor of the Town of Wappinger as Obligee; 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, Nicholas J. DeLuccia, as President of the undersigned, has further agreed to personally guarantee the obligations set forth in this Maintenance Agreement. & W �E�S S��� �p�oard\Hilltop\Maintenance Agreement - Maintenance Bond.DOC NOW, THEREFORE, the undersigned, Andlyn Associates, Inc., by its President, Nicholas J. DeLuccia, 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 road and public improvements in accordance with the Ordinances, Local Laws, Rules, Regulations and Code of the Town of Wappinger fora 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 Maintenance Bond issued by Utica Mutual Insurance Company in the principal sum of Fifty Six Thousand Two Hundred Forty Two Dollars ($56,242.00) in favor of the Town, which Maintenance Bond 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 bond 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, Nicholas J. DeLuccia, as President of Andlyn Associates, Inc. further joins .in the execution of this Agreement for the sole purpose of guaranteeing the faithful performance of the obligations created hereunder. Date: January 20, 2010 ANDLYN ASSOCIATES, INC. By: Nicholas J. DeLuccia, President Nicholas J. DeLuccia, Individual asyl Guarantor 2a,XigEis&fbl)H�Bio oard\Hilltop\Maintenance Agreement - Maintenance Bond.DOC STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) On the 20th day of January, 2010, before me, the undersigned, personally appeared NICHOLAS J. DELUCCIA, 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. Notary Public ALBERT P. ROBERTS NOTARY PUBLIC, State of New York Qualified in Dutchess County Commission Expires Feb. 28, 2010 Gast Rg` s&fb`ft3 B8 ooard\iilltop\Maintenance Agreement - Maintenance Bond.DOC UTICA MUTUAL INSURANCE COMPANY NEW HARTFORD, NEW YORK Presentation Sample - MAINTENANCE BOND Know all men by these presents, that we, Andlyn Associates, Inc. as � a Company, New Hartford, New York, a Surety Corporation organized under the duly authorized to do business in the State of New York, as Surety, are held and Wappinger as Obligee, in the penal sum of ($56,242.) t which payment we ourselves, and each of our heirs, executors, administrators, sors and assigns these presents. Milk, Whereas, the said Principal entered into a c installation of the improvements listed on the and accepted allowing release of the origina,� Whereas, said contract provides that' year(s) from date of acceptant materials which may become apparent Whereas, the said contrac asbeen resolution is signed by Now, therefore, the condi i loss that the 0 ligee may sus during the %Bone year(s) otherwise to Wil, force an Signed, sealed igMpatei Bond No. and U ' foal Insurance of ofNew York and ' d unto the To of y to be made nd ►in d severally( y by blig d June 11, 2001 for`Up ii`struction and s esti to 11, 2001w ' as been completed ice Bon farni nd condition antee for the period of bs, bligee, against al efects in workmanship and day of , (this will be the date the !hif the principal shall indemnify the Obligee for all �tive lkterials or workmanship which becomes apparent resolution is signed) then this obligation shall be void, (L.S.) (L.S.) (L.S.) Principal(s) UTICA MUTUAL INSURANCE COMPANY E -9--l" r- By 91'64 Kathleen E. Caiola, Attorney -in -Fact v? 8-B-1 8-&118 Ed. 6-66 ST BE SIGNED AND DATED TO BE CONSIDERED VALID January 20, 2010 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Hon. Christopher J. Colsey, Supervisor Re: Hilltop Business Park Subdivision (Bill Horton Way) Maintenance Agreement Secured by Maintenance Bond Our File No. 12949.0183 Dear Chris and Board Members: I have reviewed the Maintenance Agreement executed by Andlyn Associates, Inc. to be secured by a Maintenance Bond issued by Utica Mutual Insurance Company of New Hartford, New York. A photo copy of the sample Maintenance Bond is affixed hereto. The Maintenance Agreement is dated January 20, 2010. Both the Maintenance Agreement and the sample Maintenance Bond are approved and acceptable as to form. By copy of this letter I am forwarding the original Maintenance Agreement to Tatiana Lukianof£ Please be advised that it is the company policy of Utica Mutual not to release the new Maintenance Bond until the Town returns the Performance Bond previously posted. It is anticipated that the Performance Bond and Maintenance Bond will be exchanged simultaneously. Accordingly, I am also enclosing herewith a Resolution Accepting Roads, Easements, Utilities and Other Public Improvements Constructed in Connection with the Hilltop Business Park Subdivision together with Maintenance Agreement to be secured by a Maintenance Bond for adoption by the Town Board at its next meeting on January 25, 2010. CADocuments and Settings\Chris Masterson\Local Settings\Temporary Intemet Files\OLK4B\012010 letter to Colsey re Maint Agmt Res Accept.doc Christopher J. Colsey, Supervisor January 20, 2010 Page 2 Very truly yours, VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP ALBERT P. ROBERTS APR/so Enclosures cc: Hon. John C. Masterson, Town Clerk Planning Board Tatiana Lukianoff, Zoning Administrator Andlyn Associates, Inc. C:\Documents and Settings\Chris Masterson\IAxal SettingsUemporary Internet Files\OLK4B\012010letter to Colsey re Maint Agmt Res Accept.doc