2020-120
2020-120
Resolution Accepting Third Reduction In The Security Posted With The Performance
Agreement Secured By A Surety Bond For Regency At Wappinger (Hilltop Village)
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 June 8,
2020.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
Vote Record - Resolution RES-2020-120
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Withdrawn
Al Casella Voter
The following Resolution was introduced by Councilman Phillips and seconded by
Councilwoman Bettina.
WHEREAS, Toll Brothers, Inc. (the “Applicant”) on behalf of Contrail, LLC (the “Owner”) had
made application to the Town of Wappinger Planning Board to approve a subdivision of lands
more particularly described in Subdivision Plans entitled “Hilltop Village at Wappinger”
prepared by Povall Engineering, PLLC and survey by Robert V. Oswald, Jr. Land Surveying,
LLC, dated May 28, 2013, last revised July 18, 2013; and
WHEREAS, the Town of Wappinger Planning Board granted Final Conditional
Subdivision Approval to Toll Brothers, Inc. as Applicant and Contrail, LLC as Owner pursuant
to Resolution dated March 18, 2013, subject to certain public improvements being made and
constructed within said subdivision as set forth in the construction documents prepared and
submitted in connection therewith, and further subject to completion of and/or the compliance
with the requirements set forth in the Town of Wappinger Subdivision Regulations, Highway
Specifications, Zoning Code (including compliance with escrow deposits), Municipal
Stormwater Management Law, and Rules and Regulations of the Town of Wappinger; and
WHEREAS, Contrail, LLC conveyed its rights and interest in said subdivision to Toll
Land V, Limited Partnership; and
WHEREAS, Town Law §277 requires that the developer of a proposed subdivision
guarantee the construction, installation, and dedication of the required public improvements by
the Resolution of Subdivision Approval, prior to issuance of any building permits; and
WHEREAS, Toll Land V, Limited Partnership executed and posted a Performance
Agreement Secured by a Surety Bond (No. SU1133194) issued by Arch Insurance Company on
May 26, 2015, in favor of the Town of Wappinger in the original amount of $377,800.00 , which
was subsequently authorized to be reduced to the amount of $257,330.00 by Town Board
Resolution No. 2016-263 adopted on October 11, 2016, and authorized to be further reduced to
the amount of $155,800.00 by Town Board Resolution No. 2018-177 adopted on July 23, 2018;
and
WHEREAS, Toll Land V, Limited Partnership has completed more of the required
improvements; and
WHEREAS, by letter dated May 14, 2020, Engineers to the Town, CPL, determined that
the construction value of the work remaining to be completed was $46,930.00, inclusive of
administrative costs; and
WHEREAS, the Town Board hereby agrees to and authorizes a reduction in the security
posted with the Performance Agreement, and hereby agrees to accept a Surety Bond in the sum
of $46,930.00 as security to guarantee completion of the remaining work.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby agrees to accept a Surety Bond in the amount of
$46,930.00, as the security posted with the Performance Agreement to insure that the
improvements required for the Regency at Wappinger (Hilltop Village) will be properly
completed as required by the Planning Board Resolution of Approval dated March 18, 2013.
2. The Surety Bond previously posted in the amount of $155,800.00 is hereby
authorized to be released by the Town Clerk upon delivery to him of the above referenced Surety
Bond in form acceptable to the Attorney to the Town.
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, Casella
Dated: Wappingers Falls, New York
6/8/2020
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK