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2020-119 2020-119 Resolution Accepting A Performance Agreement Secured By Cash Deposit For The Myers Corners Landing 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 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-2020-119 Yes/Aye No/Nay Abstain Absent Adopted  Richard Thurston Voter     Adopted as Amended  William H. Beale Voter      Defeated Angela Bettina Voter     Tabled  Christopher Phillips Seconder     Withdrawn  Al Casella Mover     The following Resolution was introduced by Casella and seconded by Councilman Phillips. WHEREAS, R.J.A. Hld., Inc.(“Applicant”) made application to the Town of Wappinger Planning Board (hereinafter the “Planning Board”) to approve a subdivision of lands shown on a Subdivision Plat entitled "Subdivision Plan for Myers Corners Landing Subdivision" last revised December 23, 2019; and WHEREAS, the Planning Board granted conditional approval for a final subdivision plat pursuant to a Resolution dated July 16, 2018, subject to certain public improvements being made and constructed within said subdivision and subject to completion of the requirements set forth in the Town Subdivision Regulations, Highway Specifications and Zoning Law, and further subject to the requirements set forth in a set of construction documents, specifically identified in the plat; 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 Applicant has executed a Performance Agreement which requires it to complete the require public improvements for the Subdivision; and WHEREAS, the Applicant has tendered to the Town of Wappinger a bank check in the sum of $122,000.00 securing the obligations set forth in the Performance Agreement; and WHEREAS, the Attorney to the Town, has reviewed, examined and approved the aforementioned Performance Agreement; and WHEREAS, the Applicant covenants and warrants to the Town of Wappinger that in the event it fails to fully perform and complete all the requirements as set forth in the Performance Agreement, then, upon the demand of the Town of Wappinger, the Town of Wappinger shall have the right to draw upon the aforementioned security deposit in an amount equal to the cost necessary to complete the required improvements. NOW THEREFOR BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby accepts the Performance Agreement executed on May 14, 2020 by R.J.A. Hld., Inc., to guarantee the construction and dedication of the public improvements shown on the Subdivision Plat for Myers Corners Subdivision as required by the Town of Planning Board Resolution of Approval dated July 16, 2018. 2. The Town Board hereby accepts the bank check in the sum of $122,000.00, as security for the Performance Agreement to construct the public improvements pursuant to Town Law §277. 3. The Town Supervisor is directed to deposit the aforementioned bank check in a bank account maintained by the Town, to be held in escrow, pending compliance with the terms of the Performance Agreement. 4. The Town Clerk is hereby directed to file the original Performance Agreement executed on May 14, 2020 in his files. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman 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