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2021-85 2021-85 Resolution Accepting Undertaking Secured By Cash Deposit In Connection With Poughkeepsie Nissan 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 14, 2021. The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the following was recorded:  Vote Record - Resolution RES-2021-85 Yes/Aye No/Nay Abstain Absent Adopted  Richard Thurston Voter     Adopted as Amended  William H. Beale Mover      Defeated Angela Bettina Voter     Tabled  Christopher Phillips Voter     Withdrawn  Al Casella Seconder     The following Resolution was introduced by Councilman Beale and seconded by Casella. WHEREAS, Maric LLC (“Applicant” and “Owner”) is the owner of two parcels of real property located at 1429 and 1455 Route 9 in the Town of Wappinger designated as Tax Parcels -6157-02-607815 and 6157-02-607850 (the “Property”), which are being reviewed for Lot Line Alignment and Site Plan Approvals by the Town of Wappinger Planning Board; and WHEREAS, the Applicant/Owner seeks to file the lot line adjustment but the filing of said lot line adjustment creates certain issues related to the site plan on the Poughkeepsie Nissan property; and WHEREAS, the Applicant/Owner has agreed to deliver to the Town a Cash Deposit in the form of a Bank Check(s) in the amount of $60,000.00 as security to guarantee that the Owner will pursue a site plan application to cure the necessary issues; and WHEREAS, the terms of the Undertaking authorize the Town of Wappinger to draw against the aforementioned Cash Deposit in the event the Applicant/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 the Town Board hereby determines that the Cash Deposit in the form of a Bank Check(s) in the amount of $60,00.00 is acceptable and sufficient as a guarantee to secure the obligation to restore the project site in the event the Applicant/Owner does not fulfill its obligations as provided in the Undertaking; and BE IT FURTHER RESOLVED, that the Town Board hereby accepts the Cash Deposit in the total sum of $60,00.00, as security for the faithful performance for the completion of the obligations set forth in the Undertaking; and BE IT FURTHER RESOLVED, 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 \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Dated: Wappingers Falls, New York 6/14/2021 The Resolution is hereby duly declared Adopted. ___________________________________________ JOSEPH P. PAOLONI, TOWN CLERK