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2005-05804/25/2005.RGM purchase of the aforementioned Grading Easement for Five Hundred Dollars ($500.00) from the property owners, Roger DeVries and Kimberly A. Sterople, including the coordination and management of the preparation, execution and recording of the Grading Easement as well as any and all related activities in furtherance of securing the acquisition of grading easement rights from the aforementioned owners. 4. Supervisor to the Town, Joseph Ruggiero, is hereby authorized and directed to take whatever steps are necessary to effectuate the purchase of the aforementioned Grading Easement, including the authority to execute a voucher in a sum not to exceed Five Hundred Dollars ($500.00) for fee disbursement to the aforementioned property owners as well as any additional sums that may be required to record said grading easement with the Dutchess County Clerk's Office. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-058 L L RESOLUTION ACCEPTING LETTER OF CREDIT BY A CASH DEPOSIT POSTED IN CONNECTION WITH THE BLACKWATCH FARM SUBDIVISION The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, Blackwatch Development Corp. has made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in a Subdivision Plat entitled "Blackwatch Farm" prepared by Oswald & Gillespie, P.C. dated June 1, 1999, and subsequently revised from time to time; and WHEREAS, title to the property is in the name of Robert V. Oswald, Jr.; 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 11 U4/L6/LUU6.XUM 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, to secure the obligation to guarantee the construction, installation and dedication of the required public improvements and obligations, Robert V. Oswald, Jr. has executed a Performance Agreement on April 12, 2005 Secured by a Cash Deposit in the total sum of $705,685 made by bank checks made payable to the Town of Wappinger as security for the obligations set forth in the Performance Agreement and which checks have been delivered to the Town of Wappinger Comptroller; and WHEREAS, Robert V. Oswald, Jr. hereby agrees to make, construct and complete the improvements and agrees to perform all of the obligations set forth in the Subdivision Regulations, Highway Specifications, and Zoning Law of the Town of Wappinger, including road maintenance and snow removal in accordance with the standards maintained by the Town of Wappinger Highway Department and at the direction of the Town of Wappinger Highway Superintendent, in accordance with the Resolution of Subdivision Approval dated May 3, 2004, and the letter of Paggi, Martin & Del Bene, P.C., the Engineer of the Town, dated March 31, 2004, and further in accordance with the local laws, ordinances, rules and regulations of the Town of Wappinger within two (2) years from the date hereof; and WHEREAS, upon construction and completion of the required improvements and obligations set forth above and upon request of the Town, the undersigned will dedicate same to the Town of Wappinger, free and clear of any liens or obligations as set forth in the local laws, ordinances, rules and regulations of the Town of Wappinger; and WHEREAS, Robert V. Oswald, Jr. has agreed to secure the obligations as set forth herein by executing a Performance Agreement Secured by a Cash Deposit in the sum of $705,685 in favor of the Town of Wappinger; and WHEREAS, the Performance Agreement executed by Robert V. Oswald, Jr. further binds his heirs, executors, administrators, successors or assigns for the faithful performance of his obligations hereunder; and WHEREAS, Robert V. Oswald, Jr. by execution of the Performance Agreement acknowledges that if any default remains in the performance of the obligations created under the terms and conditions of the Performance 12 04/25/2005.RGM Agreement, the lots within the Subdivision will no longer be eligible for Building Permits until such default is cured. 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 to accept the Performance Agreement Secured by a Cash Deposit of $705,685 securing the obligations of Robert V. Oswald, Jr. to guarantee the construction, installation and dedication of the required public improvements with respect to Blackwatch Farm Subdivision. 3. The Town Board hereby accepts the Performance Agreement Secured by a Cash Deposit of $705,685 by checks made payable to the Town of Wappinger executed by Robert V. Oswald, Jr. on the 12th day of April, 2005 and further directs Supervisor Joseph Ruggiero and Town Comptroller Gerald Terwilliger to deposit the bank or certified checks made payable to the Town of Wappinger in the sum of $705,685 as security for the faithful performance of the obligations secured by and set forth in the LPerformance Agreement. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-059 RESOLUTION ORDERING PUBLIC HEARING TO INCREASE IMPROVEMENT FACILITIES OF THE NORTH WAPPINGER WATER DISTRICT The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the Town Board of the town of Wappinger, Dutchess County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the North Wappinger Water District of the Town of Wappinger, Dutchess County, New York, to serve three lots along New Hackensack Road, and which are expected to include 13