2016-59 2016-59
Resolution Authorizing Release Of Performance Bond For Landscape Improvements
Secured By A Bond In Connection With Prestige Mini Of 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 January
11, 2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2016-59
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Seconder Q ❑ ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Fenton.
WHEREAS, the Town Board had previously accepted a Performance Bond for Landscape
Improvements dated September 29, 2015,posted by MWF, LLC (developer), secured by a Bond
issued by The Service Insurance Company, Inc. in the sum of Fifty Thousand Dollars
($50,000.00), bearing Bond No. 6664N3, in the favor of the Town of Wappinger, to secure the
developer's obligations to guarantee the completion of landscaping improvements; and
WHEREAS, Engineer to the Town, Robert J. Gray, P.E. of Morris Associates
Engineering & Surveying Consultants, PLLC, and Zoning Administrator, Barbara Roberti, by
email dated January 4, 2016, have inspected the landscaping improvements and find that they
have been completed as required by the Resolution of Site Plan Approval and therefore authorize
the release of the Performance Bond securing said obligations.
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 acknowledges that the landscaping improvements have
been inspected by the Engineer to the Town, Robert J. Gray, P.E. and Zoning Administrator,
Barbara Roberti, and that their inspection revealed that the landscaping improvements were
completed in accordance with the Resolution of Site Plan Approval and that there were no
deficiencies in the improvements thereof, and recommends that the Performance Bond for
Landscape Improvements together with the Bond be released.
Based on the foregoing, Town Clerk, Joseph P. Paoloni, is hereby authorized to return to the
developer the Bond issued by The Service Insurance Company, Inc. in the sum of Fifty
Thousand Dollars ($50,000.00), bearing Bond No. 6664N3, in favor of the Town of Wappinger.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: John J. Fenton, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
1/11/2016
The Resolution is hereby duly declared Adopted.
JOS P P. PAOLONI, TOWN CLERK
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