2003-252
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RESOLUTION NO. 2003-252
RESOLUTION ACCEPTING ROADS, EASEMENTS, UTILITIES AND OTHER
IMPROVEMENTS TOGETHER WITH ACCEPTING A PERFORMANCE
AGREEMENT AND MAINTENANCE AGREEMENT SECURED BY LETTERS OF
CREDIT IN CONNECTION WITH THE CARMEL HEIGHTS 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 the 27th
day of October, 2003, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Joseph Ruggiero
Councilmen -
Robert L. Valdati
Vincent F. Bettina
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Christopher J. Colsey
ABSENT:
Joseph Paoloni
The following Resolution was introduced by Mr. Be t t ina
and seconded by
Mr. Valdati
WHEREAS, Z&M Development Corp. has previously made application to the Town of
Wappinger Planning Board to approve a subdivision of lands more particularly described in a
subdivision map entitled "Carmel Heights Subdivision" prepared by Richard Barger, P .E. dated
September 24, 1982, and as may have been revised from time to time thereafter; and
WHEREAS, the Town of Wappinger Planning Board granted final conditional
subdivision approval, by Resolution dated March 21, 1983 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
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related Contract drawings, all in accordance with the Town of Wappinger Subdivision
Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town; and
WHEREAS, Town Law ~277 requires a developer of a 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, Z&M Development Corp. has completed all of the improvements required
by the Resolution of Subdivision Approval, except for the installation of a detention pond as per
plans prepared by Taconic Design Consultants dated November 26,2001 and November 28,
2001, copies of which are on file in the Building Department of the Town of Wappinger; and
WHEREAS, z&M Development Corp. is unable to complete the installation of the
aforementioned detention pond at the present time because weather conditions will not permit
such completion; and
WHEREAS, Z&M Development Corp. has agreed to complete the detention pond by
July 2004 and to secure its obligation to guarantee the installation of the detention pond, Z&M
Development Corp. has executed a Performance Agreement secured by aLetter of Credit issued
by the Bank of New York in the sum of Thirty Five Thousand Dollars ($35,000.00) and
personally guaranteed by Zvi Segal in favor of the Town of Wappinger; 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 Carmel Heights Subdivision, to accept
the roads, easements, utilities and other improvements that have been constructed to date; and
WHEREAS, pursuant to Subdivision Regulations of the Town of Wappinger, z&M
Development Corp. is required to guarantee that the quality and workmanship of the
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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 secure the obligations to guarantee the quality and workmanship of the
improvements, Z&M Development Corp. has executed a Maintenance Agreement secured by a
Letter of Credit issued by the Bank of New York in the sum of One Hundred and Thirty Seven
Thousand, Two Hundred and Eight Dollars ($137,208.00) in favor of the Town of Wappinger,
which is twenty percent of the original Performance Bond.
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 Carmel Heights Subdivision, to accept
the roads, easements, utilities and other related improvements made and constructed in
connection with said Subdivision, with the exception of the detention pond which is to be
constructed prior to July 2004.
3. The Town Supervisor, Joseph Ruggiero, the Town Clerk, Gloria Morse, the
Engineer to the Town, Joseph E. Pagg~ Jr., and the Attorney tothe Town, Albert P. Roberts, are
authorized and directed to take whatever steps are necessary to have the deeds and easements,
and any other related documents previously offered for dedication to the Town and held by the
Town Clerk, recorded and/or filed in the Office of the Dutchess County Clerk and.to execute any
and all documents necessary to effectuate such feCording and/of filing.
4. The Performance Agreement executed on October 8, 2003 by Z&M Development
Corp., and personally guaranteed by Zvi Segal, with an address at 12 Plaza Road, Town of
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Wappinger, Dutchess County, New York, as Obligor, in favor of the Town of Wappinger, as
Obligee, is accepted as the guaranty of completion of the construction, installation of the
detention pond above described.
5. The Letter of Credit issued by the Bank of New York:, bearing number S00048666
and issued in favor of the Town of Wappinger in the sum of Thirty Five Thousand Dollars
($35,000.00) securing the obligations set forth in the Performance Agreement, is hereby accepted
as security for the Performance Agreement.
6. The Maintenance Agreement executed on October 8, 2003 by Z&M Development
Corp. with an address at 12 Plaza Road, Town of Wappinger, Dutchess County, New York, as
Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guaranty that the
quality and workmanship of the improvements will be free from defects in materials and
workmanship for a period of one (1) year from the date of acceptance by the Town as required
by the Subdivision Regulations of the Town of Wappinger.
7. The Letter of Credit issued by the Bank of New York bearing number S0004665
and issued in favor of the Town of Wappinger in the sum of One Hundred and Thirty Seven
Thousand, Two Hundred and Eight Dollars ($137,208.00) securing the obligations set forth in
the Maintenance Agreement, is hereby accepted as security for the Maintenance Agreement.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting kJ..e.-
ROBERT L. V ALDATI, Councilman Voting ~
VINCENT F. BETTINA, Councilman Voting ~
JOSEPHP. PAOLONI, Councilman Voting Absent
CHRISTOPHER 1. COLSEY, Councilman Voting kJ..e.-
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Dated: Wappingers Falls, New York
October 27,2003
The Resolution is hereby duly eclared adopted.
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MAINTENANCE AGREEMENT SECURED
BY SURETY BOND OR LETTER OF CREDIT
WHEREAS, the undersigned
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'[)EVe wPnEN (. Co/( P
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with offices at or residing at I :z. P i-A ~ ^ R 1)
WlrPP ftJ Cr6/2.s 'F.6. L C > IV V /2S'
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has now completed the roads and other public improvements in connection with
CA ICME. L 1-lG: IC,.l-fT5 Subdivision which are ready to be dedicated and accepted by the
Town of Wappinger, and pursuant to the Subdivision Regulations of the Town of
Wappinger is required to guarantee the quality and workmanship of said roads and pubnc
improvements within the subdivision for one year after the date of acceptance by the
Town Board, and
WHEREAS, to secure the obligation to guarantee said roads and public
LE-rTE#C.OF C~l'-
improvements, the undersigned has obtained a SblFety Qm~d issued by
BAt\l'K OF ~tv Vo2.~ INAe number S D oo!-j t G~ S""
NOW, THEREFORE, the. undersigned, as principal, gu.arantees that the quality
and workmanship of the roads and other public improvements and will maintain and
repair all roads and other public improvements within the subdivision known as
C J,e M E. L H 'E i C, 1-11!filed in the Dutchess County Clerk's Office on the J!L day
of MAY f~ !, as map number ~(p II and that the undersigned will guarantee,
maintain and repair same in accordance with the ordinances, local laws, rules, regulations
and code of the Town of Wappinger for one yea'r from the date of acceptance of said road
by the Town Board of the Town of Wappinger,
As security for this obligation, I hereby deliver to the Town of Wappinger the
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following security for the faithful performance of this obligation: a sUlOlity Band issued by
6A1J Il. ~F NEvJ Yo ILlL J -l9M:I number SO~(j~~ G>'Ifi favor of the Town of Wappinger
I which bond is attached hereto, and the undersigned consents to the terms thereof as
security for this obligation.
The undersigned understands that if the security posted hereunder lapses or
expires for any reason, then this bond will be in default and lots V'{ithin the subdivision will
no longer be eligible for building permits until new and sufficient security i
DATED:
/0/8/03
STATE OF NEWYORK )
)ss:
COUNTY OF DUTCHESS )
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On CGlJ.~, Q.,{JO:J , 1999, before me, the undersigned, personally appeared
2,cll' ~~4,,~ e. personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
Indivldual(s). or the person upon behalf of which the individual(s) aclt5ec~ted the
instrument. .. . ~. ~
.Notary Public
CLAUClA 3.<\~8;,'..
Rea. No. '"'.~':;1'l'7:;;
Notary PutlL~. ~t~:.:.. ~.i~ :X:: ~~ '(03:-,
Qualllled III Ci.i(!;~::,;.:. ">~~Il~' . J..
MyCommledcn ':;~:J:"a:. . . MlltoOfi
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. 10/17/02
PERFORMANCE AGREEMENT
SECURED BY A LETTER OF CREDIT
.' ref. tv1 j) E \Ie La PHE,v r Cve.. P 'j
WHEREAS, the undersigned, (r.nrpnrntil'm, m' hu.~i71.p..rM 71.nm~), by (i71.divM.u.(1~), ~l/i 5 Eel
President, with an ~ddress of:
l'2... PL A-eA ~ "
W A. P P { IJ C-r-E(.2...s. "F A L.( s'
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has made application to the Planning Boarq. oftb:e Town of Wappinger to approve a subdivision
of lands more particularly described'in a sUbdivision map entitled C A fZ.He.L f-I E I Ct- H, is
, Pl~ " ,.'.:.:' 'L._ ~_. ~- --
prepared by Rtc H Jtf.D ~~ 1l..C:r9?, dated '9 I'Z.- '1 / f'2.; last revised
and
wHEREAS, the Planning Board granted finalconditioI1al subdivision approval, by
Resolution 'dated ~ /2.../ / & 3 ,sUbject to certain public improvements being made and
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constru?~ ~~ subject to completion of the requir~entS set f?rtb. in the Town Subdivision
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.Regu1ati~ns, Highway'Specifications and Zd~g Law, and fur.ther subject to the requirements set
,forth in the letter of , Engineer to the TO~ dated , ()
, , POND DE.51c,..,J n.AJ
:~"<:'" ;:w~qh improvements are depicted in a set ot:construction documents dated t:> A TEp (f 1-2.& Ie
,'.~,.':{,.,:. ~':.~p' ~j) D'E. S>1C:t,..j C. 4 L c.. U L A TIO f\Js "S H~E..TS I-&' D A TED 1I1'2.~
and '. ~'~o-nl b O~LlJ-1E.}.l-rs P R.E.P ~t:> IS '1' TA<: ., "-' i c.... b 15 S/2c "JSUcTV.;
'WHEREAS, Tawil Law Section 277 requires that the developer guarantee the
, ?OIlBtruction, installation and dedication of the required public improvements and obligations
priorJo issuance of any building permits; and
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(OPTIONAL P ARAG~H . use when applicant is corporation)
WHEREAS, to secure the obligation to guarantee the construction, installation and
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dedication of the required pu~lic. improvements and oblig~tions, (individuf'1{J, a principal officer
and shareholder of the undersigned has further agreed to pers?na1ly ~arante.e the obligations set
forth in' this performance 'agreement.
Cf M 'DEVt:L.oY'i'-1EIJT coR. P
NOW, THEREFORE, the undersigned (rY'''7'mntimf nr 'hwdnp.,~,~ 7/mHp"J hereby agrees
to the following:
1.
To make, construct" complete the im.provements, and agree to perform all of the
obligations set forth in:the Subdivision Regulations, Highway Specifications aiJ.d Zoning Law of
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the Town of Wappinger, including road. maintenance and snow,removal in accorelanoe with the
sta.ndar~ maintained ~y ~e Town of Wappinger Highway Department 'and at the direction of the
Town of Wappinger Highway Superintendent, m accordance with the Resolution of Subdivision
" Approval dated . the letter of the Engineer to the Town dated
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. the approved cons1:ri1ction documents date~~ and in
,accordanc'e'Witb. the'Local Laws~ Ordinances, Rules and Regulations of the Town of Wappinger,
within two (2), years from the date hereof.
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2.
Upon coDBtruotion and completion of the required improvements and obligations
setfortb. above, and upon request of the Town, the undersigned will dedicate same to 1:he Town,
free and clear of any li~ or obligations as set forth in the U;cal Laws, Ordinances, Rules and
Regulations of :the Town ofWapping~r.
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deliver to the Town ofWappmger the following security for the faithful performance oithe
. obliga:tions the undersigned has undertaken herein: an Irrevocable Letter of Credit issued by .
B A1J K. 0 F tJ E 1.0 Yd2.l(j in the sum of $
.3S, 000 ~'l.")O
, which
Irrevocable Letter of Credit is attached hereto, and the undersigned hereby consents to the terms
thereof as security for this obligation. .
:r~ M "De VE Lof'r1E1J1 CoR...p . .
4. The said (r.nrpn1'ntin'17. nr hu~i'17.~~.~ l1nm~) further binds his/her, theirj its heirs,
executors,.aAm;n;strators, successors or assigns for the faithful performance of this obligation.
. (OPTIONAL PARAGRAPH FOR CORPORATION)
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s. .' As additional security for this obligation, (i'ndividun{>, an officer and shareholder
~t M D~v'cLOPM€~~ cq~ p. . . ..' ~=-__~_ _~~-.-
of (r.nrpn7'n.tin7f nr htl.~il1P..~.'1 7fnm~), furtlier Jams m the execution of this document for the sole
purpose of guaranteeing tha .faithful perfor.mance of the Obligations created hereun:der.
6; T.b,e mdersigned further acknowledges that if any default remains in the
performance of the obligations created hereunder, the lots within the subdivision ~ no longer :
be eligible for building permits until such defaults are cured.
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Dated:
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By:
~/ f.€Cf-AL
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A r;KNO'WT :W.nn.MRNT
STATE OF NEW YORK )
) SS.:
COUNTY OF DUTCHESS )
, On OQ'f. g I 'toO;) ,,2002, before me, the undersigned, personally appeared
LI/: ~J:e.8-.4'~ perso~yknown 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/she executed the same in his/her capacity, and that by his/her signature
on the instrument, the individual, or the person upon behalf of which the individual acted, executed
the instrument.
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STATEOFNBWYORK )
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COUNTY OF DUTCHESS )
Notary PubgfAUDI.A BARBI!'!,
'Reg f\lo.491317\.; ,
, Notary P..Jbllc. Slat;) Iii ~I York It
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On , 2002, before me, th~ 1Dldersigned, personally appeared
p~ona11yJmow:nto me or proved to me on the basis of satisfactoxy
evidence to be. the. individual whdse name is subscribed to the within instrument and
ackn~~l~~ to me that he/she executed the same in bislher capacity, and tbat by hislher sign.atlU'e
on theins1:tliment, the individual,. or the person upon behalf of which the individual acted, executec1
the 'instrument
, No~ Public
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