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2006-115^0 2006-115 Py Resolution Accepting First Reduction in the Letter of Credit Posted for Blackwatch Farms 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 4/10/2006. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Councilmembers - Robert L. Valdati Vincent F. Bettina ABSENT: Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, Blackwatch Development LLC. had made application to the Town of Wappinger Planning Board to approve the subdivision of lands more particularly described in Subdivision Plat entitled `Blackwatch Farms", prepared by Oswald and Gillespie, P.C. dated June 1, 1999, and subsequently revised from time to time; and WHEREAS, Robert V. Oswald, Jr. has transferred all of his right, title and interest into the aforementioned subdivision known as the Blackwatch Farms Subdivision to Blackwatch Development, LLC.; and WHEREAS, the Town of Wappinger Planning Board granted final conditional subdivision approval by Resolution dated May 3, 2004, subject to and conditioned upon completion 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, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town, and further subject to the requirements set forth in the letter of Paggi, Martin & Del Bene, LLP, Engineer to the Town, dated March 31, 2004, together with the Schedule of Bond Values; and WHEREAS, Town Law §277 requires a developer of a proposed 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, Blackwatch Development, LLC., substituted the Performance Agreement and Security posted by Robert V. Oswald, Jr. with a new Performance Agreement executed by Blackwatch Development, LLC., and personally guaranteed by John O'Donnell, individually and James Chirico, individually, which was Secured by a Letter of Credit issued by M&T Bank bearing Letter of Credit No. SB -907772-2000, which Performance Agreement and Letter of Credit was adopted by the Town Board by Resolution 2005-082 at the Town Board meeting held A- 4 on the 13th day of June, 2005; and WHEREAS, Blackwatch Development, LLC. has completed some of the required improvements; and WHEREAS, by letter dated December 15, 2005, a copy of which is affixed hereto as Exhibit "A", Engineer to the Town, Joseph E. Paggi, Jr. recommended a reduced bond amount to complete the construction of the remaining roadways and improvements, which said reduced bond amount totals the sum of $243,600.00; and WHEREAS, the difference between the Letter of Credit securing the Performance Agreement and the reduced bond amount is $462,085.00 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 authorizes the Town Board to accept a reduced bond calculation prepared by Engineer to the Town, Joseph E. Paggi, Jr., and further accepts the reduced Letter of Credit in the amount of $243,600.00, which Letter of Credit is drawn on M&T Bank in favor of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE ROBERT L. VALDATI, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: ABSENT MAUREEN McCARTHY, COUNCILWOMAN Voting: ABSENT Dated: Wappingers Falls, New York 4/10/2006 The Resolution is hereby duly declared adopted. 1 01 - i rA__ rA - - - M