2015-207 2015-207
Resolution Accepting Maintenance Agreement Secured By Letter Of Credit For The
Hudson Valley Cerebral Palsy 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
September 29, 2015.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called,the following was recorded:
✓Vote Record-Reso1utionRES-2015-207 '.
Q Adopted 1 Yes/Aye No/Nay Abstain Absent
......... ...................... ....
........... ...... ..........................................
❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑
❑ Defeated William Ciccarelli I Seconder Q ❑ ❑ ❑
William H.Beale Voter ......................Q........_. ❑ ❑ ❑
❑ Tabled t......... .. .................................................................................................................................................
❑ Withdrawn Ismay Czarniecl:i................................................_i.._Voter ❑ ' ❑ ❑ Q
.................................................<.................. ............................ .................
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Ciccarelli.
WHEREAS, by Resolution dated October 24, 2011, the Town Board accepted a Performance
Agreement secured by a Letter of Credit in the amount of$41,600 to guarantee the construction,
installation and dedication of off-site drainage improvements granted in connection with
Subdivision Plat Approval to Hudson Valley Cerebral Palsy Association (HVCPA) on behalf of
Masonic War Veterans of New York Post No. 53 (MVV); and
WHEREAS, the HVCPA has completed all the work as required by the Resolution of
Subdivision Approval; and
WHEREAS,pursuant to Subdivision Regulations of the Town of Wappinger, HVCPA is
required to guarantee that the quality and workmanship of any public improvements to be
dedicated to 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, since the requirement for a two year Maintenance Bond was adopted by the
Town Board in calendar year 2013, after the adoption of the Resolution of Approval which was
adopted in calendar year 2011, the Engineer to the Town and the Attorney to the Town have
recommended that the Maintenance Bond be accepted for a period of one year since the
improvements have been completed and in working order for over one year, with no
deficiencies; and
WHEREAS, to secure the obligations to guarantee the off-site drainage improvements,
HVCPA has executed a Maintenance Agreement Secured by a Letter of Credit together with a
Letter of Credit issued by TD Bank,N.A. in the principal sum of$6,933.20 issued in favor of the
Town of Wappinger.
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 to accept the improvements made and constructed in connection with
the above referenced subdivision and hereby accepts same upon delivery of the original
Maintenance Agreement and Letter of Credit in the principal sum of$6,933.20 conditioned upon
the review and approval of same by the Attorney to the Town.
3. The Town Board hereby authorizes the Town Clerk to release the original
Performance Agreement secured by a Letter of Credit issued by TD Bank, N.A. bearing No.
20004849, upon the Town Clerk's receipt of the above referenced Maintenance Agreement
secured by a Letter of Credit and the Letter of Credit in the principal sum of$6,933.20 in form
acceptable to the Attorney to the Town.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Barbara Gutzler, William Ciccarelli, William H. Beale, Michael Kuzmicz
ABSENT: Ismay Czarnecki
Dated: Wappingers Falls,New York
9/29/2015
The Resolution is hereby duly declared Adopted.
J SIfPH P. PAOLONI, TOWN CLERK