2011-3042011-304
Resolution Accepting Roads, Easements, Utilities and Other Public Improvements
Constructed in Connection with the Shamrock Hills Subdivision Together with
Maintenance Agreement Secured by Surety 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 August
22, 2011.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the
following were present:
PRESENT: Supervisor - Barbara A. Gutzler
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 Bettina.
WHEREAS, Shamrock of Dutchess, LLC (hereinafter "Applicant") had previously made
application to the Town of Wappinger Planning Board to approve a subdivision of two parcels of
land more particularly described in a subdivision plat entitled "Shamrock Hills Subdivision
Plan", prepared by Povall Engineering, PLLC, dated September 12, 2003, and last revised
September 26, 2005, which plat has been filed in the Dutchess County Clerk's Office as Filed
Map # 11963; and
WHEREAS, the Town of Wappinger Planning Board granted Final Subdivision Plat
Approval, by Resolution dated November 7, 2005, which was amended by Resolution adopted
August 7, 2006, subject to, and conditioned upon, fulfillment of the conditions set forth in the
aforementioned Resolutions, and subject to certain improvements being made and constructed as
set forth in the aforesaid Subdivision Plat and related Contract Drawings, including dedication of
the roads, easements and other public improvements, all in accordance with the Town of
Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and
Regulations of the Town Code; and
WHEREAS, Toll Land VI Limited Partnership acquired title to the subdivision from the
Applicant and has completed development of the subdivision, including all of the improvements
as required by the Resolution of Final Subdivision Plat Approval; and
WHEREAS, the Applicant has tendered to the Town of Wappinger an Irrevocable Offer
of Cession and Dedication for Roads A, B, C, D & E, Snow Easements and Sewer, Storm Sewer
and Water dated August 21, 2006, which was recorded in the Dutchess County Clerk's Office on
August 30, 2006, as document number 02 2006 7108; an Irrevocable Offer of Cession and
Dedication for Water and Sewer Improvements located in Kendell Farms Conservation Park
District dated August 21, 2006, which was recorded in the Dutchess County Clerk's Office on
August 30, 2006, as document number 02 2006 7110; and a Supplemental Irrevocable Offer of
Cession and Dedication dated October 15, 2007, which was recorded in the Dutchess County
Clerk's Office on October 15, 2007, as document number 02 2007 7431, all in recordable form
and approved by the Attorney to the Town, Albert P. Roberts, by letters dated August 22, 2006,
and October 9, 2007, respectively; 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 Shamrock Hills Subdivision, to accept
the roads, easements, utilities and other public improvements that have been constructed in
accordance with the original Resolution of Final Subdivision Plat Approval and the above
mentioned Irrevocable Offers of Cession and Dedication; and
WHEREAS, pursuant to Subdivision Regulations of the Town of Wappinger, Toll Land
VI Limited Partnership 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, as well as to guarantee the
maintenance of the plantings in the stormwater basins; and
WHEREAS, to guarantee the quality and workmanship of the aforementioned public
improvements, Toll Land VI Limited Partnership, has agreed to execute a Maintenance
Agreement secured by a Surety Bond issued by Hartford Fire Insurance Company, bearing
number 39BSBFU0721, issued in favor of the Town of Wappinger in the principal sum of One
Million Three Hundred Four Thousand Dollars ($1,304,000.00).
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 Shamrock Hills
Subdivision, to accept the roads and related easements, utilities and other public
improvements made and constructed in connection with the Shamrock Hills
Subdivision and, the Town Board hereby accepts same upon delivery of the
original Maintenance Agreement and Surety Bond above mentioned.
3. The Town Supervisor, Barbara A. Gutzler, Engineer to the Town, Greg Bolner,
and Attorney to the Town, Albert P. Roberts, are authorized and directed to take
whatever steps are necessary to have the deeds and easements referenced in the
aforementioned Offers of Cession and Dedication, 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 August 17th, 2011, by Toll Land VI
Limited Partnership, with an address of 60 Merritt Boulevard, Fishkill, New
York, 12524, as Obligor, in favor of the Town of Wappinger, as Obligee, is
accepted as the guarantee that the quality and workmanship of the roads 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 Surety Bond issued by Hartford Fire Insurance Company, bearing number
39BSBFU0721, issued in favor of the Town of Wappinger in the principal sum of
One Million, Three Hundred Four Thousand Dollars ($1,304,000.00), securing
the obligations set forth in the Maintenance Agreement, is hereby accepted as
security for the Maintenance Agreement.
6. The Town Board acknowledges that the developer, Toll Land VI Limited
Partnership, has completed all of the work required by the Planning Board's
Resolution of Final Subdivision Plat Approval, dated November 7, 2005, which
was amended by Resolution adopted August 7, 2006, and that the Performance
Agreement executed by Toll Land VI Limited Partnership on August 23, 2006,
has been fully honored, and the Town Board hereby authorizes the Town Clerk to
release the original Performance Agreement secured by Surety Bond issued by
Hartford Fire Insurance Company, bearing number 39BSBDT0495, in favor of
the Town of Wappinger in the original principal sum of Six Million, Five
Hundred Ninety Four Thousand Dollars ($6,594,000.00), and thereafter reduced
to the sum of Seven Hundred Seventy One Thousand, Five Hundred Dollars
($771,500.00) -upon the Town Clerk's receipt of the above referenced
Maintenance Agreement secured by Surety Bond in the sum of One Million,
Three Hundred Four Thousand Dollars ($1,304,000.00) in the form acceptable to
the Attorney to the Town.
The foregoing was put to a vote which resulted as follows:
BARBARA A. GUTZLER, 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
8/22/2011
The Resolution is hereby duly declared adopted.
04L�
JOIN C. MASTERSON, TOWN CLERK