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2006-1672006-167 COPY Resolution Accepting Detention Pond Constructed In Furtherance of the Carmel Heights Subdivision and Accepting Maintenance Agreement Secured by Letter of Credit 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 June 26th, 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 Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Town Board has previously accepted all of the improvements made in connection with the Carmel Heights Subdivision exclusive of a Detention Pond, all in accordance with a Resolution dated October 27th, 2003; and WHEREAS, the developer, Z&M Development Corp. has completed construction of the Detention Pond to the satisfaction of the Town Highway Superintendent, Graham Foster and the Engineer to the Town, Joseph E. Paggi, Jr., in accordance with a letter dated June 5th, 2006, from Joseph E. Paggi, Jr. to the Town Board; and WHEREAS, the Town Board has determined that it is in the best interests of the residents of the Town of Wappinger, and particularly the residents of the Carmel Heights Subdivision, to accept the Detention Pond as constructed and improved; and WHEREAS, pursuant to the subdivision regulations of the Town of Wappinger, Z&M Development Corp. is required to guarantee the quality and workmanship of the Detention Pond and to guarantee that the same 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 construction of the Detention Pond, 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 Seven Thousand Seven Hundred Dollars ($7,700.00), in favor of the Town of Wappinger all in accordance with the letter dated June 5th, 2006, from Joseph E. Paggi, Jr. to the Town of Wappinger. 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 4 - accept the Detention Pond installed, constructed and approved in accordance with the Resolution of Subdivision Approval authorizing the creation of the Carmel Heights Subdivision. 3. The Town Supervisor, Joseph Ruggiero, the Town Clerk, John C. Masterson, the Engineer to the Town, Joseph E. Paggi, Jr., and the Attorney to the Town, Albert P. Roberts, are authorized and directed to take whatever steps are necessary to have any deeds and/or easements, and/or any other related documents previously offered for dedication to the Town and held by the Town Clerk, to have same recorded and/or filed in the Office of the Dutchess County Clerk and to execute any and all documents necessary to effectuate such recording and/or filing. 4. The Town Board hereby authorizes release of the Letter of Credit in the sum of Thirty - Eight Thousand Five Hundred Dollars ($38,500.00), previously posted by the developers Z&M Development Corp. for the construction of the Detention Pond simultaneously with the deposit of a new Letter of Credit in the sum of Seven Thousand Seven Hundred Dollars ($7,700.00), to guarantee the Maintenance Agreement to be posted in accordance with this Resolution. 5. The Town Board hereby authorizes the Town Supervisor, Joseph Ruggiero, to accept a Maintenance Agreement, in standard form, Secured by a Letter of Credit issued by the Bank of New York in the sum of Seven Thousand Seven Hundred Dollars ($7,700.00), to guarantee that the Detention Pond will be free from defects in materials and workmanship for a period of one year from the date hereof. The format of the Maintenance Agreement and Letter of Credit shall be subject to the review and approval by the Attorney to the Town. 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: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE Dated: Wappingers Falls, New York 6/26/2006 The Resolution is hereby duly declared adopted. —J1 0. o' HN C. MMTERSON, TOWN CLERK MAINTENANCE AGREEMENT.SECURED BY SURETY BOND OR LETTER OF CREDIT WHEREAS, the undersigned Z & M DEV IQEffNTCORPORATION with offices at. or residing at 12 PLAZA RD WAPPING RS ALLEADY-125M has now completed the DETENTION POND within Carmel Heights subdivision which is ready to be 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 DETENTION POND 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 improvements, the undersigned has obtain a letter of credit # in the amount of $7,700.00 issued by Bank of New York bearing serial # NOW THEREFORE, the undersigned, as principal, guarantees the quality and workmanship of the DETENTION POND and will maintain and repair all work related to said pond within the subdivision known as CARMEL HEIGHTS filed in the Dutchess County Clerk's Office on the 19 day of May 1983 as map number 6611 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 year from the date of acceptance of said DETENTION POND by the Town Board'of the Town of Wappinger. As security for this obligation, I hereby deliver to the Town of Wappinger the following security for the faithful performance of this obligation: L/C issued by Bank of New York, Serial # in the amount of JZZgo.oQ in favor of the Town of Wappinger, which is attached hereto, and the undersigned consents to the terms thereof as security obligation. . for this The undersigned understands that if the security posted hereunder lapses or expires any reason, then this bond will be in default and lots within the subdivision will no longer p es for eligible for building be permits until new. and sufficient security is posted. DATED: June 26, 2006 Z&M DEVEL TACO,po!14I0N By: ZVI SEG�esident STATE OF NEW. YORK ) COUNTY OF DUTCHESS )ss: On June 26, 2006, before me, the-undersi ned ly appeared personally known to me. or- proved to me on the basis of Isatisfactory evi ence to be the individuai(s) whose name(s) is (are) subscribed to the within instrument and acknowle me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/th.eir signature(s) on the instrument, the individual(s), or the person upon behal ledged to individual(s) acted, executed the instrument. f of which the BARBARA L. ROBERTI R"018Public, Stnts of New York q- No. 01 ROa130344 Dutche38 County My COMMII"ion Expire8 July 18, 2008 PAGGI, MARTIN & DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie, New York 12601 845-471-7898 845-471-0905 (FAX) June 5, 2006 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Hon. Joseph Ruggiero, Supervisor Reference: Carmel Heights Detention Pond Dear Supervisor Ruggiero & Board Members: RECEIVED JUN 0 0 2006 SW`t; � v �SUR'S OFFICE TOWN OF WAPPINGER Please be advised that this office has made a. final inspection of the detention pond construction for the Carmel Heights Subdivision. The inspection was made by myself and Mr.. Graham Foster, Highway Superintendent. Our inspection revealed that the pond has been completed to the appropriate specifications and, we therefore, recommend acceptance by the Town Board. Please be advised that the performance bond that is currently held could be given back to the developer, and a maintenance bond for 1 year in the amount of 20% of the current performance bond should be tendered. Tania Lukianoff has advised me that the performance bond amount is $38,500, therefore, the one year maintenance bond would be $7,700.00 If there are any further questions or comments, please do not hesitate to contact this office. Ver ly yours, oseph E. Paggi, Jr JEP:Iaw cc: Albert P. Roberts, Esq. Hon. Graham Foster Hon. John C. Masterson George Kolb Tania Lukianoff Joseph E. Paggi, Jr., P.E. Ernst Martin, Jr., P.E., L.S. Charles R. Del Bene, Jr., P.E.