2014-1852014-185
Resolution Accepting Roads, Easements, Utilities And Other Public Improvements
Constructed In Connection With The Silver Fox Estates 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 July 14,
2014.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Michael Kuzmicz
Ismay Czarniecki
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Kuzmicz.
WHEREAS, Mid -Hudson Holdings, LLC (hereinafter "Applicant") had previously made
application to the Town of Wappinger Planning Board to approve a subdivision of lands more
particularly described in a subdivision plat entitled "Silver Fox Estates", prepared by Lawrence
J. Paggi, P.E., last dated September 21,2011, which plat has been filed in the Dutchess County
Clerk's Office as Filed Map # 7743a; and
WHEREAS, the Town of Wappinger Planning Board granted Final Conditional
Subdivision Plat Approval, by Resolution dated June 4, 2012, subject to, and conditioned upon,
fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain
public improvements being made and constructed as set forth in the aforesaid Subdivision Plat
and related Contract Drawings, including dedication of the roads, easements and other public
improvements, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning
Code, Highway Specifications, and Rules and Regulations of the Town Code; and
WHEREAS, the Applicant has tendered to the Town of Wappinger an Irrevocable Offer
of Cession and Dedication for Losee Road and Scotse Road, Drainage Easement and Snow
Easement dated July 9, 2012, which was recorded in the Dutchess County Clerk's Office on July
26, 2012 as document number 02 2012 3279, along with a Grant of Permanent Easement for
Drainage Purposes dated July 9, 2012 together with TP -584; a Grant of Snow Easement dated
July 9, 2012 together with TP -584; Deed for Losee Road together with TP -584 and RP -5217;
and Deed for Scotse Road together with TP -584 and RP -5217, all in recordable form and
approved by the Conflict Attorney to the Town, Pamela Richardson, Esq., by letter dated July 12,
2012; and
WHEREAS, Mid -Hudson Holdings, LLC has completed all the roads and public
improvements as required by the Resolution of Final Conditional Subdivision Plat Approval and
Highway Superintendent, Graham Foster, and Town Engineer, Robert J. Gray, P.E., have
recommended that the roads and public improvements be accepted by the Town Board subject to
Mid -Hudson Holdings, LLC providing a Maintenance Agreement secured by Letter of Credit,
Surety Bond or Cash Deposit in the amount of $85,623.75, in form acceptable to the Attorney to
the Town; and
WHEREAS, the Town Board has determined it is in the best interest of the residents of
the Town of Wappinger, particularly the residents of the Silver Fox Estates Subdivision, to
accept the roads, easements, utilities and other public improvements that have been constructed
in accordance with the original Resolution of Final Conditional Subdivision Plat Approval and
the above mentioned Irrevocable Offers of Cession and Dedication; and
WHEREAS, pursuant to Subdivision Regulations of the Town of Wappinger, Mid -
Hudson Holdings, LLC is required to guarantee that the quality and workmanship of the roads
and other public improvements accepted by the Town will be free from defects in materials and
workmanship for a period of two years from the date of acceptance by the Town Board; and
WHEREAS, Mid -Hudson Holdings, LLC shall post a Maintenance Agreement secured
by Letter of Credit, Surety Bond or Cash Deposit in the amount of $85,623.75, as recommended
by Robert J. Gray, P.E., Engineer to the Town, in his letter dated July 7, 2014; and
WHEREAS, the Town shall not release the Performance Agreement until such time as
the Town receives a Maintenance Agreement secured by Letter of Credit, Surety Bond or Cash
Deposit in the amount of $85,623.75.
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 Silver Fox Estates
Subdivision, to accept the roads known as Losee Road and Scotse Road and
related easements and other public improvements made and constructed in
connection with the Silver Fox Estates Subdivision, and the Town Board hereby
agrees to accept same upon delivery of an original Maintenance Agreement duly
executed by Mid -Hudson Holdings, LLC and John Goetz, individually, secured
by a Letter of Credit, Surety Bond or Cash Deposit in the amount of $85,623.75,
all in form acceptable to the Attorney to the Town and the Engineer to the Town.
3. The Supervisor to the Town and the Attorney to the Town are expressly directed
not to record the deeds and easements until such time as a Maintenance
Agreement, duly executed by Mid -Hudson Holdings, LLC, as Obligor, in favor of
the Town, as Obligee, is accepted to insure that the quality and workmanship of
the roads and easements accepted will be free from defects in materials and
workmanship for a period of two years from the date of acceptance by the Town
Board and secured by a Letter of Credit, Surety Bond or Cash Deposit in the
amount of $85,623.75 as determined by the Engineer to the Town. It is further
expressly directed that the Maintenance Agreement must be personally
guaranteed by a Member of Mid -Hudson Holdings, LLC as additional security to
secure the obligations set forth in the Maintenance Agreement.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
ABSENT
MICHAEL KUZMICZ, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
7/14/2014
The Reso i is h duly d ared adopted.
SEPH P. OLONI, TOWN CLERK