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2019-193 2019-193 Resolution Authorizing Use Of Cash Deposit Held In Escrow To Be Used For Top Course Paving In All Angels Heights 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 October 15, 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-2019-193 Yes/Aye No/Nay Abstain Absent Adopted  Richard Thurston Voter     Adopted as Amended  William H. Beale Seconder      Defeated Angela Bettina Voter     Tabled  Christopher Phillips Mover     Withdrawn  Michael Kuzmicz Voter     The following Resolution was introduced by Councilman Phillips and seconded by Councilman Beale. WHEREAS, on November 17, 2014, the Town of Wappinger Planning Board conditionally approved a final subdivision plat entitled “All Angels Heights Subdivision” prepared by Barger & Miller, Engineering & Land Surveying, PC, dated September 15, 2008; and WHEREAS, by Resolution 2016-265, the Town of Wappinger Town Board accepted a performance agreement secured by a cash deposit of $107,427.60 to be held in escrow to ensure the construction of all public improvements within the approved subdivision including the roadway which have been offered for dedication to the Town; and WHEREAS, road and drainage improvements have been made on the road in the All Angels Subdivision known as Padasana Court, however, the final top course paving remains to be completed as well as other items; and WHEREAS, the lots on Padasana Court have been developed and the residents of the homes have requested that the Town facilitate the completion of the road so that it may be dedicated to the public; and WHEREAS, R.J.A. HLD. INC has requested and consented that the escrow being held by the Town may be released to the paving contractor for the expense of installing a top course of paving on Padasana Court and making any necessary improvements to the road; WHEREAS, the paving contractor has provided an estimate of $64,150.00 for the cost of the work which is required and there are sufficient escrow funds available for the paving; NOW, THEREFORE, BE IT RESOLVED: 1. The Town Board hereby authorizes the release of sufficient escrow funds from the account established for the All Angels Heights Subdivision, in an amount not to exceed $80,000, for expenses related to the top course paving of Padasana Court, including country curbing and catch basin risers as required by the approved construction plans. 2. Payment from the escrow account is contingent upon satisfactory completion of the work evidenced by the inspection and approval of the Engineer to the Town and the Superintendent of Town Highways. 3. R.J.A. HLD. INC and its paving contractor shall provide a voucher, an itemized invoice of the work done, and a waiver and release to the Town, in a form acceptable to the Town Attorney, for the paving work as a condition to payment. 4. After completing the necessary paving, R.J.A. HLD. INC. shall remain obligated to complete all other requirements for dedicating the subdivision improvements to the Town, including but not limited to providing as built drawings, a maintenance bond and other necessary improvements identified in the approved construction documents. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz Dated: Wappingers Falls, New York 10/15/2019 The Resolution is hereby duly declared Adopted. ___________________________________________ JOSEPH P. PAOLONI, TOWN CLERK