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2015-205 2015-205 Resolution Authorizing Release Of Performance Agreements Secured By Surety Bond And Letter Of Credit In Connection With The Nature Preserve 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 September 29, 2015. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called,the following was recorded: ✓ .vote Record-ResolutioniRES-2015-205 Q Adopted Yes/Aye No/Nay Abstain Absent ..... ................... ......... ......... .............. Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Adopted as Amended ---------- -- --- -- -- — ❑ Defeated _William CiccarelliVoterQ ❑ _❑ _❑ ❑ Tabled William H.Beale ................................... ! Mover _Q ..._...... — ❑ ❑ ...—�� ... ❑ ..... ................................................................. .......... ................................ ................. . ❑ Withdrawn ....:..... ............ .._Is! aY.Czarnecki.................................... Voter ❑ ❑ ❑ Q ....................................................................,.............................._..................................................................................... Michael Kuzmicz � Seconder. Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Beale and seconded by Councilman Kuzmicz. WHEREAS,the Town Board had previously accepted a Performance Agreement dated September 23, 2008 secured by a Surety Bond issued by NGM Insurance Company in the sum of Twenty Thousand Dollars ($20,000.00), bearing Bond No. S-435493,in the favor of the Town of Wappinger,to secure the developer's obligations to guarantee the construction and installation of the Tennis Court and related improvements; and WHEREAS,the Town Board had fiuther accepted a Performance Agreement dated September 15, 2014 secured by a Letter of Credit issued by First Niagara Bank in the sum of One Hundred Twenty Two Thousand Two Hundred Forty-Four Dollars ($122,244.00),bearing number 430212, in favor of the Town of Wappinger,to secure the developer's obligations to guarantee the construction and installation of the other site improvements required by the Resolution of Subdivision Approval; and WHEREAS,the Engineer to the Town, Robert J. Gray, P.E. of Morris Associates Engineering& Surveying Consultants, PLLC,by letter dated September 17, 2015, has inspected the tennis court and other site improvements and finds that they have been completed as required by the Resolution of Subdivision Approval; and WHEREAS, since the tennis court and other site improvements are to be maintained by the Homeowner's Association and not dedicated to public use,there is no need for a Maintenance Bond. 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 acknowledges that the tennis court and other required public improvements has been inspected by the Engineer to the Town, Robert J. Gray, P.E.., and that his inspection revealed that the tennis court and other site improvements were completed in accordance with the Resolution of Subdivision Approval, and that there were no deficiencies in i { the construction thereof, and recommends that the Performance Agreements together with their Surety Bond and Letter of Credit be released to the developer. 3. Town Clerk, Joseph P. Paoloni, is hereby authorized to return the Surety Bond issued by NGM Insurance Company in the sum of Twenty Thousand Dollars ($20,000.00), bearing Bond No. S-435493, in favor of the Town of Wappinger. Town Clerk, Joseph P. Paoloni, is hereby further authorized to return the Letter of Credit issued by First Niagara Bank in the sum of One Hundred Twenty Two Thousand Two Hundred Forty- Four Dollars ($122,244.00), bearing number 430212, in favor of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, William Ciccarelli, William H. Beale, Michael Kuzmicz ABSENT: Ismay Czarniecki Dated: Wappingers Falls,New York 9/29/2015 The Resolution is hereby duly declared Adopted: OSEPH P. PAOLONI, TOWN CLERK