Loading...
2020-157 2020-157 Resolution Accepting Undertaking Secured By Cash Deposit For Restoration In Connection With Route 376 Holdings, Inc. 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 September 28, 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-2020-157 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 William H. Beale Voter      Defeated Angela Bettina Voter     Tabled  Christopher Phillips Seconder     Withdrawn  Al Casella Mover     The following Resolution was introduced by Casella and seconded by Councilman Phillips.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, Route 376 Holdings, Inc. (“Owner”) is the owner of two parcels of real property located at 1592 Route 376 in the Town of Wappinger designated as Tax Parcels 6259-04- 530251 and 6259-04-540266 (the “Property”) which is being reviewed for Subdivision, Site Plan and Special Use Permit Approvals by the Town of Wappinger Planning Board; and WHEREAS, the Owner has made a request to allow for limited tree clearing and grading on the Property, prior to the signing of the Final Subdivision Plan and Site Plan, to allow for the installation of the building foundation for their new convenience store; and WHEREAS, the Owner plans to deliver to the Town a Cash Deposit in the form of a Bank Check in the amount of $25,177.00 as security for the restoration of the property in the event that Final Approval is not granted; and WHEREAS, the terms of the Undertaking authorize the Town of Wappinger to draw against the aforementioned Cash Deposit in the event the Owner does not receive Final Approval and the project site is not restored in accordance with the terms of the Undertaking. NOW, THEREFORE, BE IT RESOLVED, that when the deposit is received that the Town Board hereby determines that the Cash Deposit, when received, in the form of a Bank Check in the amount of $25,177.00 is acceptable and sufficient as a guarantee to secure the obligation to restore the project site in the event the Owner does not fulfill its obligations as provided in the Undertaking; and BE IT FURTHER RESOLVED, that the this resolution is contingent that the Town Board receives the Cash Deposit in the total sum of $25,177.00, as security for the faithful performance for the completion of the obligations set forth in the Undertaking; and BE IT FURTHER RESOLVED, that when check is received that the Town Supervisor is directed to deposit the aforementioned Cash Deposit in a bank account maintained by the Town, to be held in escrow, pending compliance with the terms of the Undertaking. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED AS AMENDED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Dated: Wappingers Falls, New York 9/28/2020 The Resolution is hereby duly declared Adopted as Amended. ___________________________________________ JOSEPH P. PAOLONI, TOWN CLERK