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2019-144 2019-144 Resolution Accepting A Performance Agreement Secured By Letter Of Credit For The Furnia 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 July 8, 2019. The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the following was recorded:  Vote Record - Resolution RES-2019-144 Yes/Aye No/Nay Abstain Absent Adopted  Richard Thurston Voter     Adopted as Amended  William H. Beale Voter      Defeated Angela Bettina Seconder     Tabled  Christopher Phillips Mover     Withdrawn  Michael Kuzmicz Voter     The following Resolution was introduced by Councilman Phillips and seconded by Councilwoman Bettina. WHEREAS, Hybridhomedevelopers, LLC filed an application for subdivision plat approval with the Town of Wappinger Planning Board for a certain parcel in the Town of Wappinger designated as Lot No. 5 of a certain Subdivision Plat entitled “Swenson Subdivision” filed in the office of the Dutchess County Clerk on October 15, 1986 as Filed Map Number 7771 (“Premises”); and WHEREAS, on March 18, 2019, the Town of Wappinger Planning Board issued a resolution of Final Subdivision Plat Approval for the Furnia Subdivision which depicts a road, water main, drainage improvements and other infrastructure which will be dedicated to the Town of Wappinger; and WHEREAS, Town Law §277 requires a developer of a proposed subdivision to guarantee the construction, installation, and dedication of the improvements required by the Resolution of Subdivision Approval, prior to issuance of any building permits; and WHEREAS, the Engineers to the Town, CPL, calculated the amount of the guarantee for construction of the improvements to be $260,640.00; and WHEREAS, by deed dated March 15, 2019, Rieger Homes, Inc. (“Owner”) acquired title to the Premises from Hybridhomedevelopers, LLC; and WHEREAS, the Owner executed a Performance Agreement which requires it to complete the require public improvements for the Subdivision; and WHEREAS, the owner has tendered to the Town of Wappinger an Irrevocable Standby Letter of Credit effective June 21, 2019 issued by Salisbury Bank in favor of the Town of Wappinger in the amount of $260,640.00 securing the obligations to construct the subdivision improvements as set forth in the Performance Agreement; and WHEREAS, the Attorney to the Town, has reviewed, examined and approved the aforementioned Performance Agreement and Letter of Credit and has issued his approval; NOW THEREFOR BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby accepts the Performance Agreement executed by Rieger Homes, Inc. with an address of 6 Old North Plank Road, Newburgh, New York 12550 to guarantee the construction and dedication of the public improvements shown on the Furnia Final Subdivision Plat as required by the Town of Planning Board Resolution of Approval dated March 18, 2019. 2. The Town Board hereby accepts the Irrevocable Standby Letter of Credit effective June 21, 2019 issued by Salisbury Bank in favor of the Town of Wappinger in the sum of $260,640.00 as security for the Performance Agreement to construct the public improvements pursuant to Town Law §277. The Town Clerk is hereby directed to file the Bond Rider together and the original Surety Bond and the Performance Agreement for Maloney Heights in his files for said subdivision. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz Dated: Wappingers Falls, New York 7/8/2019 The Resolution is hereby duly declared Adopted. ___________________________________________ JOSEPH P. PAOLONI, TOWN CLERK