2014-266 2014-266
Resolution Accepting First Reduction In The Security Posted With The Performance
Agreement Secured By A Surety Bond For The Hilltop Village Project
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 October
27, 2014.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2014-266
El adopted Yes/Aye No/Nap Abstain Absent
❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑
❑ Defeated William H.Beale Voter El ❑ ❑ ❑
❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑
❑ Withdrawn Ismav Czarniecki Mover Q ❑ ❑ ❑
Michael huzmicz Seconder Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Czarniecki and seconded by
Councilman Kuzmicz.
WHEREAS,Toll Brothers, Inc. (the"Applicant") on behalf of Contrail, LLC (the"ON-mer")had made
application to the ToN-,n of Wappinger Planning Board for Site Development Plan and Wetlands Permit
Approvals for construction of a 225-unit(132 detached and 93 attached units) age-restricted residential
development knoN-,n as "Hilltop Village at Wappinger" (the"Project"); and
WHEREAS,the Project includes a club house, recreational amenities, preservation of natural
areas as permanent open space, reconstruction of an existing private road(identified as Road A)to be
dedicated to the Tovm, dedication of 1.43 acres of land for future use by the Tovm, dedication of a 51.7
acre parcel adjacent to the existing ToN-,n Recreation Center on Robinson Lane for recreational use,
construction of an off-site ToN-,n Nvater system upgrade identified as "Water Main Extension Loop from
Meadowood Wells -All Angels Hill Road,"a Nvater and seNver buy-in fee of$243,000 as Nvell as
recreation fees in the amount of$1.25 million to be paid to the Tovm, and
WHEREAS,the ToN-,n of Wappinger Planning Board granted Site Development Plan and
Wetlands Permit Approvals by Resolution dated March 18, 2013, as Nvell as Preliminary and Final
Subdivision Plat Approvals by Resolution dated March 18, 2013, as shoN-,n on subdivision plans entitled
"Hilltop Village at Wappinger, ToN-,n of Wappinger, Dutchess County,New York"prepared by Povall
Engineering, PLLC, last revised on February 15, 2013;and
WHEREAS,the Planning Board Resolution of Site Development Plan Approval alloNved for
implementation of the Project in sections subject to certain improvements being made and constructed as
set forth on the aforementioned Site Development Plan and Wetlands Permit Approval and related
contract drawings, and in accordance Nvith the ToN-,n of Wappinger Subdivision Regulations, Zoning
Code, HighwaN- Specifications, Municipal StormNvater Management Law, and Rules and Regulations of
the ToN-,n of Wappinger all as set forth in the plans and specifications recited in the aforementioned
Resolution of Site Development Plan and Wetlands Permit Approvals and Preliminary and Final
Subdivision Plat Approvals; and
WHEREAS,ToN-,n Law §277 requires that the developer of a proposed subdivision guarantee
the construction, installation, and dedication of the required public improvements by the Resolution of
Subdivision Approval, prior to issuance of any building permits; and
WHEREAS,Toll Land V Limited Partnership, the successor in interest to Toll Brothers, Inc.
executed and posted a Performance Agreement Secured by a Surety Bond No. 39BSBGG1368 issued by
Hartford Fire Insurance Company in favor of the ToN-,n of Wappinger in the principal sum of Two Million
Three Hundred Twelve Thousand Two Hundred Seventy-Two Dollars ($2,312,272.00) ,which
Performance Agreement and Surety Bond Nvas accepted by the ToN-,n Board by Resolution 2013-190 at
the ToN-,n Board meeting held on August 26, 2013; and
WHEREAS,Toll Brothers, Inc. has completed a substantial amount of the required
improvements; and
WHEREAS,by letter dated October 21, 2014, Engineers to the Tovm, Morris Associates
Engineering Consultants, PLLC, determined that the construction value of the Nvork remaining to be
completed Nvas One Million Three Hundred Sixty Six Thousand Four Hundred Forty-Six Dollars
($1,366,446.00), inclusive of administrative costs; and
WHEREAS,the ToN-,n Board hereby agrees to and authorizes a reduction in the security posted
Nvith the Performance Agreement, and hereby agrees to accept a Surety Bond in the sum of One Million
Three Hundred Sixty Six Thousand Four Hundred Forty-Six Dollars ($1366,446.00)as security to
guarantee completion of the remaining Nvork.
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 ToN-,n Board hereby agrees to accept a Surety Bond in the amount of One Million
Three Hundred Sixty Six Thousand Four Hundred Forty-Six Dollars ($1366,446.00),as the security
posted Nvith the Performance Agreement to insure that the improvements required for the Project Nvill be
properly completed as required by the Planning Board Resolutions of Approval dated March 18, 2013.
The Surety Bond previously posted in the amount of Two Million Three Hundred Twelve Thousand Two
Hundred Seventy-Two Dollars ($2,312,272.00)is hereby authorized to be released by the ToN-,n Cleric
upon delivery to him of the above referenced Surety Bond in form acceptable to the Attorney of the
Tovm.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ismay Czarnecki, Councilwoman
SECONDER: Michael Kuzmicz, Councilman
AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz
Dated: Wappingers Falls, New York
10/27/2014
The Resolution is hereby duly declared adopted.
JOSEPH P. PAOLONI, TOWN CLERK