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2015-145 I 2015-145 Resolution Accepting Performance Agreement Secured By Performance Bond In Connection With Hilltop Village At Wappinger(The Regency At Wappinger) 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 June 8, 2015. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called,the following was recorded: Vote Record-IResolution.RES-2015-145 D Adopted _. .__, —Yes/Aye No/Nay Abstain E Absent — — El Adopted as Amended BarbazaGut_zlerVoter D ❑ _❑ ❑ t--� ______ Williamaz Ciccelli� Voter I D ❑ — ❑ El❑ Defeated ..............................................................................................................................i.................................................................................................. ....... ......1 ............................i............................................... 13 _ Tabled William H.:.Beale Voter D ❑ i ❑ j ❑ ......................................................................................................... ........... Isma Czarmeek-i Mover ? D ❑ 0 ❑ ❑ Withdrawn Y................................."... Michael Kuzmiez Seconder; D ❑ 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 "Owner") had made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in Subdivision Plans entitled"Hilltop Village of Wappinger"prepared by Povall Engineering, PLLC and survey by Robert V. Oswald, Jr. Land Surveying, LLC, dated May 28, 2013, last revised July 18,2013; and WHEREAS,the Town of Wappinger Planning Board granted Final Conditional Subdivision Approval to Toll Brothers, Inc. as Applicant and Contrail, LLC as Owner pursuant to Resolution dated March 18, 2013, subject to certain public improvements being made and constructed within said subdivision as set forth in the construction documents prepared and submitted in connection therewith, and subject to completion of and/or the compliance with the requirements set forth in the Town of Wappinger Subdivision Regulations, Highway Specifications, Zoning Code (including compliance with escrow deposits), Municipal Stormwater Management Law, and Rules and Regulations of the Town of Wappinger; and WHEREAS, Contrail, LLC conveyed its rights and interest in said subdivision to Toll Land V, Limited Partnership; and WHEREAS,Town Law §277 requires that a developer of a proposed subdivision guarantee the construction, installation and dedication of the proposed improvements required by the Resolution of Approval,prior to the issuance of any Building Permits; and WHEREAS,the Town of Wappinger is requiring Toll Land V, Limited Partnership to make, construct, complete the concrete sidewalks, site lighting and street trees, as set forth in the Bond Estimate affixed hereto as Schedule "A", in accordance with any relevant standards maintained by the Town of Wappinger Highway Department and at the direction of the Town of Wappinger; and WHEREAS, to secure the obligation to guarantee the construction and installation of the required improvements and obligations, and compliance with required escrow deposits, James Fitzpatrick, as Division President of Toll Land V, Limited Partnership, and individually as guarantor, has executed a Performance Agreement dated May 19, 2015 secured by a Performance Bond issued by Arch Insurance Company, bearing Bond No. SUI 133194 and issued in favor of the Town of Wappinger in the sum of Three Hundred Seventy Seven Thousand Eight Hundred Dollars ($377,800.00)posted with the Town of Wappinger, securing the obligations set forth in the Performance Agreement; and WHEREAS, Toll Land V, Limited Partnership covenants and warrants to the Town of Wappinger that in the event Toll Land V, Limited Partnership fails to fully perform and complete all the requirements of the Resolution of Approval,then, upon the demand of the Town of Wappinger,the Town of Wappinger shall have the right to draw upon the Performance Bond in an amount equal to the cost necessary to complete the required improvements; and WHEREAS, it is understood that the Town of Wappinger shall have the right to use said security toward the completion of any required improvements required by the Resolution of Approval upon the default of Toll Land V, Limited Partnership to remedy the same after the first given written notice to Toll Land V, Limited Partnership to do so within thirty (30) days of receipt of said notice from the Town of Wappinger; and WHEREAS,the Performance Agreement executed by Toll Land V, Limited Partnership, and James Fitzpatrick individually as guarantor, further binds their heirs, executors, administrators, successors or assigns for the faithful performance of its obligations hereunder. 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 by James Fitzpatrick, as Division President of Toll Land V, Limited Partnership, and James Fitzpatrick, individually, in favor of the Town of Wappinger is hereby accepted as security to guarantee the completion of the construction, installation and dedication of the improvements required by the Resolution of Approval adopted by the Planning Board on March 18, 2013. 3. The Performance Bond issued by Arch Insurance Company, bearing Bond No. SUI 133194, and issued in favor of the Town of Wappinger, dated May 26, 2015 is hereby accepted as security for the obligations set forth in the Performance Agreement. Both the original Performance Bond and the original Performance Agreement in the amount of Three Hundred Seventy Seven Thousand Eight Hundred Dollars ($377,800.00) is to be placed on file with the Town Clerk. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarnecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz Dated: Wappingers Falls,New York 6/8/2015 The Resolution is here b ly declared Adopted. JOSEPH P PAOLONI, TOWN CLERK