2013-1482013-148
Resolution Accepting Undertaking Secured by Cash Deposit in Connection with Hilltop
Village at Wappinger 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 May 28,
2013.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Barbara Gutzler
Councilmembers - William H. Beale (arrived at 7:34 PM)
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilwoman Czarniecki and seconded by
Councilman Beale.
WHEREAS, Contrail LLC had made application to the Town of Wappinger Planning Board for
Site Development Plan and Wetlands Permit Approvals for the construction of a 225 unit age-
restricted development known as "Hilltop Village at Wappinger", hereinafter referred to as the
"PROJECT"; and
WHEREAS, the PROJECT was granted Site Development Plan and Wetlands Permit
Approvals (Site Plan Approval) by the Planning Board on the 18th day of March, 2013 at 7:00
P.M.; and
WHEREAS, the Site Plan Approval, among other things, authorized clearing, grading,
utility installation and site plan improvement in connection with the proposed Road A subject to
fulfillment of certain conditions set forth in paragraph 2.a. and 2.b. of the Site Plan Approval and
on the further condition that the Developer issue an Undertaking Secured by Cash Deposit
assuring the Town that, if necessary, the Developer would restore any grading, clearing, tree
removal, and restore the site as near as may be practicable to its undeveloped condition prior to
the construction and alteration of the site in the event the Developer failed to fulfill all the
conditions of the March 18, 2013 Resolution of Approval on or before June 1, 2014, or at such
later date as may be established by consent of the Town of Wappinger Planning Board and the
Developer; and
WHEREAS, the Developer, Toll Land V Limited Partnership has delivered to the Town
of Wappinger an Undertaking Secured by Cash Deposit in the amount of $157, 360.00 by check
# 01069401 of Toll Bros, Inc. made payable to the Town of Wappinger which Undertaking is in
form acceptable to the Attorney to the Town; and
WHEREAS, the terms of the Undertaking authorize the Town of Wappinger to draw
against the cash security posted in the event the Developer does not restore the PROJECT site in
accordance with the terms and conditions set forth in the Resolution of Approval dated March
18, 2013.
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 the Undertaking executed by Toll Land
V Limited Partnership and secured by a cash deposit in the sum of One Hundred
Fifty-Seven Thousand Three Hundred Sixty Dollars ($157,360.00), is acceptable
and sufficient as a guarantee to secure the obligation to restore the PROJECT site
in the event the Developer does not fulfill the obligations set forth in paragraph
2.a. and 2.b. of the Site Plan Approval no later than June 1, 2014 or at such later
time as agreed upon between the Developer and the Town of Wappinger Planning
Board.
3. The Town Board hereby accepts the Undertaking dated May 22, 2013, executed
by Toll Land V Limited Partnership, secured by a cash deposit in the total sum of
One Hundred Fifty-Seven Thousand Three Hundred Sixty Dollars ($157,360.00),
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 Undertaking and the
Site Plan Approval, with the understanding that said restoration will be completed
no later than June 1, 2014, or at such later time as agreed upon between the
Developer and the Town of Wappinger Planning Board.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
5/28/2013
The Resolution is hereby duly declared adopted.
CHRISTINE FULTON, TOWN CLERK
UNDERTAKING SECURED BY CASH DEPOSIT
This undertaking executed this day of May, 2013 by TOLL LAND V LIMITED
PARTNERSHIP, 60 Merritt Boulevard, Fishkill, New York 12524 (the "Developer"), to the
TOWN OF WAPPINGER, a municipal corporation with offices located at the Town of
Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, 12590.
WHEREAS, the lands are designated as 6257-02-630770 on the tax maps (the
"Property"); and
WHEREAS, on the 18~ day of March, 2013, the Planning Board of the Town of
Wappinger (the "Planning Board") adopted a Resolution of Site Development Plan and
Wetlands Permits for approval for the construction of a 225 unit (132 detached and 93
attached units) age-restricted development on the Property; and
WHEREAS, on the 18~ day of March, 2013, the Planning Board granted a
Resolution of Site Development Plan and Wetlands Permit Approvals for the Hilltop Village
project, which approval, among other things, authorized clearing, grading, utility installation,
and site plan improvement in connection with the proposed Road A subject to fulfillment of
certain conditions set forth in paragraph 2.a. and 2.b. and further on the issuance of a
Performance Bond assuring the Town that, if necessary, the Developer would restore any
grading, clearing, tree removal, as determined by the Planning Board in consultation with the
Engineer of the Town.
NOW, THEREFORE, the Developer hereby executes and delivers this
Undertaking to guarantee to the Town of Wappinger that if Developer is not able to fulfill
all conditions of the March 18, 2013 Resolution of Site Development Plan approval on or
before June 1, 2014, or such later date as may be established by consent of the Town of
Wappinger Planning Board, and if the Planning Board shall decline to approve any modified
plan to continue use of the Property, then, upon due demand of the Town of Wappinger
served upon the Developer by certified mail at the above address, the Developer shall
promptly remove any and all improvements placed or constructed on the site pursuant to
any site work permit issued pursuant to paragraph 2.a. and 2.b. of the Resolution of Site
Development Plan and Wetlands Permits, and shall restore the site, as near as may be
practicable, to its undeveloped condition that existed prior to the construction and alteration
of the site and, in addition, the Developer shall repair any damage caused to Town highways
or property incident to such construction, within 120 days of the receipt of demand, weather
permitting; and
If Developer fails to remove the improvements or complete the 'required restoration
by such dates, or such extended date as the Planning Board may approve, and to restore the
site as set forth above, then the Town of Wappinger shall have the right to draw upon the
security posted to complete the removal of the improvements and the restoration of the
property. The Town shall provide an accounting to the Developer for the expenditure of
such sums, and all amounts remaining on deposit with the Town after the work has been
completed, shall be returned to the principal.
As security for this obligation, Developer delivers herewith to Town of Wappinger
the following security for faithful performance of this obligation:
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This Agreement shall be secured by a Cash Deposit issued on May 17, 2013, by Toll
Bros. Inc. in the amount of $157,360.00, said amount being determined by the Engineer to
the Town of Wappinger.
IN WITNESS WHEREOF, the undersigned executed this Agreement on this
day of May, 2013.
Toll Land V Limited Partnership
By: Toll Peppertree, Inc., its general partner
By:
James Fitzpatrick, Vice President
STATE OF NEW YORK )
SS:
COUNTY OF DUTCHESS)
On the day of May ~ the ye D V LIMITED PARTNERSH P), perJonally
Fitzpatrick, Vice President (TOLL LAN
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
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