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2006-232COPY 2006-232 Resolution Accepting a Performance Agreement Secured by a Letter of Credit for the Woods Edge 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 November 13th, 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 Joseph P. Paoloni Maureen McCarthy Vincent F. Bettina The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, The Town of Wappinger Planning Board received an application from Michael D. Cornell for a subdivision of lands more particularly described in Subdivision Map entitled "Woods Edge Subdivision" prepared by Povall Engineering dated December 20th, 2004, and last revised March 23rd, 2006; and WHEREAS, the Town of Wappinger Planning Board granted final conditional subdivision approval, by Resolution dated July 18th, 2005 subject to and conditioned upon completion of the conditions and construction of the improvements set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as set forth in the aforesaid Resolution and noted on the 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 WHEREAS, JBR Construction Corp. is a contract vendee for the purchase of the lots in the Woods Edge Subdivision; and WHEREAS, JBR Construction Corp. has executed a new Performance Agreement to guarantee the construction of the aforementioned improvements for the Woods Edge Subdivision and has obtained a Letter of Credit to secure the guaranty set forth in the Performance Agreement; and WHEREAS, Joseph E. Paggi, Jr., engineer to the Town, has determined the estimated costs of the proposed improvements to be the sum of $165,000.00, as enumerated in his report to the Town Board dated May 18th, 2006; and WHEREAS, Town Law §277 requires that before any building permits may be issued in a newly created subdivision that the construction, installation and dedication of the improvements required by the Resolution of Subdivision Approval be completed, or, in the alternative, that a Performance Agreement guaranteed by sufficient security be posted with the Town to guaranty the completion of the aforementioned improvements; and WHEREAS, JBR Construction Corp. has tendered to the Town of Wappinger a Performance Agreement duly executed by JBR Construction Corp., personally guaranteed by Jeff Hunt, a principal of JBR Construction Corp. and secured by an irrevocable Letter of Credit issued by M&T Bank bearing number SB -909685-2000 in the principal amount of $165,000.00 in favor of the Town of Wappinger; and WHEREAS, Albert P. Roberts, attorney to the Town, has approved the form of the aforementioned Performance Agreement and Letter of Credit 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 on October 31 st, 2006 by JBR Construction Corp. by its President, Jeff Hunt, and guaranteed by Jeff Hunt, Individually, with an address of 1061 Route 376, Wappingers Falls, New York 12590, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guaranty of completion of the construction, installation, and dedication of the improvements required by the above referenced Resolution of Subdivision Approval pursuant to Town Law §277. 3. The Irrevocable Letter of Credit issued by M&T Bank bearing number SB - 909685 -2000 and issued in favor of the Town of Wappinger dated October 30th, 2006 in the sum of $165,000.00, securing the obligations set forth in the Performance Agreement, is hereby accepted as security for the Performance Agreement. 4. The original Performance Agreement executed on October 31St, 2006 and the original Letter of Credit dated October 30th, 2006 is directed to be 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: ABSENT JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE Dated: Wappingers Falls, New York 11/13/2006 The Resolution is hereby duly declared adopted. HN C. ASTERSON, TOWN CLERK