2011-3652011-365
Resolution Accepting Performance Bond Secured by Cash Deposit in Connection with
Adams Fairacre Farms Site Plan
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
November 28, 2011.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman Czarniecki.
WHEREAS, Adams-Wappinger, LLC had made application to the Town of Wappinger
Planning Board for Amended Site Development Plan and Wetlands Permit Approvals for the
construction of a 71,754 square foot facility, including a grocery store and garden center,
warehouse, tropical green house, poly house, shade house, outdoor nursery and offices; and
WHEREAS, on October 19, 2009, the Town of Wappinger Planning Board adopted the
First Resolution of Amended Site Development Plan and Wetlands Permit Approvals for this
project; and
WHEREAS, on March 21, 2011, the Town of Wappinger Planning Board adopted the
Second Resolution of Amended Site Development Plan and Wetlands Permit Approvals for this
project; and
WHEREAS, on June 3, 2011, a Building Permit, Permit No.: 2011-0396, was issued for
the construction of this project; and
WHEREAS, after the Second Resolution of Amended Site Plan Approval was adopted
by the Planning Board, the applicant proposed various changes to the approved Amended Site
Plan; and
WHEREAS, on September 19, 2011, the Town of Wappinger Planning Board adopted
the Third Amended Site Development Plan and Wetlands Permit Approvals for this project; and
WHEREAS, Barbara Roberti, Zoning Administrator, by letter dated October 26, 2011,
certified compliance of site plan approval except for various landscaping and cosmetic features
that were not deemed essential to the functioning of the site; and
WHEREAS, the issuance of a Certificate of Occupancy was authorized subject to the
execution of a Performance Bond secured by an amount determined by the Engineer for the
Town to guarantee that all the obligations set forth in the various Resolutions of Approval will be
completed in a timely manner; and
WHEREAS, by letter dated October 27, 2011, Greg W. Bolner, P.E. of Clark Lee
Patterson, the Town's engineer for this project, determined that the amount of $71,000.00 was a
sufficient amount to guarantee the completion of all of the items identified in the Zoning
Administrator's report of October 26, 2011; and
WHEREAS, to secure the obligation to guarantee the completion of the various
landscaping and decorative items that remain incomplete, Adams-Wappinger, LLC, has executed
a Performance Bond dated October 28, 2011 secured by a Cash Deposit in the amount of
Seventy -One Thousand Dollars ($71,000.00) posted with the Town of Wappinger as security to
guarantee the completion of the items identified in the Zoning Administrator's report of October
26, 2011; and
WHEREAS, Adams-Wappinger, LLC hereby agrees to complete all of the required
landscaping and decorative items as outlined in the Zoning Administrator's certification dated
October 26, 2011 and agrees to complete all of the obligations set forth in the Resolutions of
Approval no later than July 28, 2012, unless Adams-Wappinger, LLC obtains permission from
the Town of Wappinger Planning Board that completion of such items is not necessary; and
WHEREAS, Adams-Wappinger, LLC covenants and warrants to the Town of
Wappinger that in the event Adams-Wappinger, LLC fails to fully perform and complete all of
said items, then, upon the demand of the Town of Wappinger, the Town of Wappinger shall have
the right to draw upon said deposit in an amount equal to the cost necessary to complete the said
incomplete items; and
WHEREAS, it is understood that the Town of Wappinger shall have the right to use said
security toward the completion of any items certified in the aforementioned Zoning
Administrator's Certification and the Engineer's Estimate (as determined in the sole judgment of
the Zoning Administrator) upon the default of Adams-Wappinger, LLC to remedy the same after
the first given written notice to Adams-Wappinger, LLC to do so within thirty (30) days of
receipt of said notice from the Town of Wappinger; and
WHEREAS, the Performance Bond executed by Adams-Wappinger, LLC further binds
its heirs, executors, administrators, successors or assigns for the faithful performance of its
obligations hereunder.
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.
es that the Performance Bond executed by
2. The Town Board hereby determin
Adams-Wappinger, LLC and secured by a Cash Deposit in the sum of Seventy -
One Thousand Dollars ($71,000.00), securing the obligations to guarantee the
completion of the incomplete items identified in the Zoning Administrator's
report of October 26, 2011, is acceptable and sufficient to guarantee the
completion of said work no later than July 28, 2012.
3. The Town Board hereby accepts the Performance Bond dated October 28, 2011,
executed by Adams-Wappinger, LLC, secured by a Cash Deposit in the total sum
of Seventy -One Thousand Dollars ($71,000.00), posted with the Town of
Wappinger as security for the faithful performance of the completion of the
obligations secured by and set forth in the Performance Bond and Resolutions of
Approval and as identified in the Zoning Administrator's report dated October 26,
2011, with the understanding that said items will be completed no later than July
28, 2012, or, in the alternative, Adams-Wappinger, LLC obtains permission from
the Town of Wappinger Planning Board that completion of the items is not
necessary.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMAY CZARNIECKI, COUNCILWOMAN
JOSEPH P. PAOLONI, COUNCILMAN
Dated: Wappingers Falls, New York
11/28/2011
Voting:
AYE
Voting:
AYE
Voting:
AYE
Voting:
AYE
Voting:
ABSENT
The Resolution is hereby duly declared adopted.
RISTINE FU N, DEPUTY TOWN CLERK