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2006-186D COPY 2006-186 Resolution Accepting a Performance Agreement Secured by Surety Bond for the Shamrock Hills 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 August 28`x', 2006. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Joseph Ruggiero Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, Shamrock of Dutchess, LLC, has made application to the Town of Wappinger Planning Board to approve the subdivision of land, more particularly described in a Subdivision Plat entitled "Shamrock Hills Subdivision", prepared by Povall Engineering, PLLC, dated September 12, 2003, and subsequently revised from time to time; and WHEREAS, the Town of Wappinger Planning Board granted Final Conditional Subdivision Approval by Resolution dated November 9, 2005, and amended by Resolution adopted August 7, 2006 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, Rules and Regulations of the Town and further subject to the requirements set forth in the letter of Paggi, Martin & Del Bene, LLP, Engineers to the Town, dated July 12, 2006, which sets forth the amount necessary to be posted to secure the Performance Agreement guaranteeing the improvements required to be completed in connection with the Shamrock Hills Subdivision, which amount is Six Million, Five Hundred and Ninety -Four Thousand ($6,594,000.00); and WHEREAS, Shamrock of Dutchess, LLC intends to convey its rights and interests in said Subdivision to Toll Land VI Limited Partnership; and WHEREAS, Town Law §277 requires that a developer in a subdivision 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, in connection with the Shamrock Hills Subdivision, Toll Land VI Limited Partnership, by Thomas E. Hausle, a duly authorized officer and/or agent of Toll Land VI Limited Partnership, executed and posted a Performance Agreement secured by a Surety Bond, dated August 23, 2006; and WHEREAS, in connection with the Shamrock Hills Subdivision, the Performance Agreement is secured by Surety Bond (No. 39BSBDT0495), issued by Hartford Fire Insurance Company on August 22, 2006, in favor of the Town of Wappinger in the sum of Six Million, Five Hundred and Ninety -Four Thousand Dollars ($6,594,000.00) posted by Toll Land VI Limited Partnership; and WHEREAS, Toll Land VI Limited Partnership, by Thomas E. Hausle, as officer and/or agent, has tendered to the Town of Wappinger a Performance Agreement dated August 23, 2006, secured by a Surety Bond in the sum of Six Million, Five Hundred and Ninety -Four Thousand Dollars ($6,594,000.00) 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 Performance Agreement executed by Thomas E. Hausle, as duly authorized officer and/or agent of Toll Land VI Limited Partnership, in favor of the Town of Wappinger is hereby accepted as the guarantee of completion of the construction, installation and dedication of the improvements required by the Resolution of Subdivision Approval pursuant to Town Law §277. 3. The Surety Bond bearing No. 39BSBDT0495, issued in favor of the Town of Wappinger dated August 22, 2006 is hereby accepted as security for the original Performance Agreement and both the original Surety Bond and the original Performance Agreement in the amount of Six Million, Five Hundred and Ninety -Four Thousand Dollars ($6,594,000.00), have been placed on file with the Town Clerk. 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 8/28/2006 D The Resolution is hereby duly declared adopted. -:2 A_■� ER