2014-299 2014-299
Resolution Authorizing Return Of Cash Deposit As Security For Undertaking In
Connection With Hilltop Village At Wappinger Site Plan
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 December
8, 2014.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2014-299
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled Vincent Bettina Voter Q ❑ ❑ ❑
❑ Withdrawn Ismay Czarnecki Seconder Q ❑ ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Czarnecki.
WHEREAS, by Resolution No. 2013-148 adopted by the Town Board on May 28, 2013,
the Town Board accepted an Undertaking Secured by Cash Deposit in connection with the
Hilltop Village at Wappinger Site Plan; and
WHEREAS, the Undertaking was posted as assurance that the developer, Toll Land V
Limited Partnership (hereinafter "Toll"), would restore the site in accordance with the terms and
conditions as set forth in the Resolution of Site Development Plan and Wetlands Permit
Approval granted by the Planning Board on March 18, 2013, and would further post a
Performance Bond; and
WHEREAS, Toll posted as security for the Undertaking a cash deposit in the amount of
$157,360.00 with the Town of Wappinger as security for the faithful performance of the
obligations secured by and set forth in the Undertaking and Resolution of Approval; and
WHEREAS, by Resolution No. 2013-190 adopted by the Town Board on August 26,
2013, the Town Board accepted a Performance Agreement secured by a Surety Bond which was
recently reduced by Resolution No. 2014-266 adopted by the Town Board on October 27, 2014
and therefore the cash deposit posted as security for the Undertaking is no longer required since
it has been replaced by a Performance Agreement secured by Surety Bond; and
WHEREAS, Toll has requested the return of the $157,360.00 cash deposit posted to
secure the Undertaking.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
The $157,360.00 cash deposit above described previously posted by Toll is hereby authorized to
be released to Toll.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: Ismay Czarnecki, Councilwoman
AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz
Dated: Wappingers Falls, New York
12/8/2014
The Resolution is hereby duly declared Adopted.
JOSEPH P. PAOLONI, TOWN CLERK