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2021-161 2021-161 Resolution Accepting Brentwood Drive And Related Easements For Hilltop Village At Wappinger Subdivision Together With Maintenance Agreement Secured By Bond 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 December 13, 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-2021-161 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 William H. Beale Seconder      Defeated Angela Bettina Voter     Tabled  Christopher Phillips Mover     Withdrawn  Al Casella Voter     The following Resolution was introduced by Councilman Phillips and seconded by Councilman Beale. WHEREAS, TOLL LAND V LIMITED PARTNERSHIP (hereinafter “TOLL”) owns a parcel of real property located on the westerly side of All Angels Hill Road, and WHEREAS, TOLL made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly shown on a subdivision plat entitled “Hilltop Village at Wappinger” which is filed in the Office of the Dutchess County Clerk on August 27, 2013 as Filed Map 11070B which is subject to an Offer of Cession and Dedication dated August 27, 2013 and recorded in the Office of the Dutchess County Clerk on August 28, 2013 as Document No. 02- 2013-4448; (the “Plat”) and WHEREAS, the Town of Wappinger Planning Board granted Conditional Final Subdivision Plat Approval by Resolution dated March 18, 2013, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as shown on the aforesaid Plat as required by the Town of Wappinger Subdivision Regulations; and WHEREAS, by letter dated November 19, 2021, the Engineers to the Town have advised that the construction of Brentwood Drive and the related improvements have been completed; and WHEREAS, pursuant to §214-43 of the Town of Wappinger Code, TOLL is required to post a highway construction guaranty in the form of a bond or performance guarantee in an amount equal to $92,491.00, which is 20% of the cost of construction, to be held for a period of two years to guarantee that any defects of the type described in §214-76(B) shall be cured but TOLL has been unable to do so; and WHEREAS, the Town Board has determined that is appropriate to accept a cash deposit in the amount of $34,777.60 in lieu of the required maintenance bond; and WHEREAS, TOLL tendered to the Town of Wappinger a deed for the right of way for Brentwood Drive from TOLL LAND V LIMITED PARTNERSHIP together with the associated transfer documents all in recordable form and approved by the Attorney to the Town, James P. Horan, Esq.; and WHEREAS, the Superintendent of Town Highways and the Engineer to the Town have recommended that the Town Board accept Brentwood Drive as a town; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby determines that it is in the best interest of the residents of the Town of Wappinger to accept Brentwood Drive as a Town Highway together with the drainage facilities and other public improvements located in the highway right of way, except those specifically excepted by the subdivision plat. 2. The Maintenance Agreement executed by TOLL, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guarantee that the quality and workmanship of the road and other public improvements will be free from defects in materials and workmanship for a period of two years from the date of acceptance by the Town as required by §214-43. 3. The Town Board hereby accepts Maintenance Bond bearing Bond No. _______ issued by ___________________________________ to the Town of Wappinger in the amount of Ninety-two Thousand Four Hundred Ninety-one & 00/100 ($92,491.00,) as a highway construction guaranty in accordance with §214-43 of the Town of Wappinger Code which shall be held for a period of two years to guarantee that any defects of the type described in §214-76(B) shall be cured. 4. This acceptance is expressly conditioned upon TOLL delivering the right of way and the public improvements to the Town free and clear of any liens or encumbrances, and upon payment by TOLL of all outstanding fees and escrow reimbursements due to the Town. 5. The Town Supervisor and the Attorney to the Town are authorized to execute any and all documents necessary for the recording of the deed and easements from TOLL. 6. The Attorney to the Town is directed to cause the deed and easements to be filed in the property records of the Dutchess County Clerk. 7. Upon its return from the County Clerk, the Town Clerk is directed to file the deed for the town highway in his files as required by Highway Law §171(1). 8. Upon the tender of the Maintenance Bond to the Town Clerk, the Surety Bond in the amount of Two Hundred Fifty-Seven Thousand Three Hundred Thirty Dollars ($257,330.00), as the security to insure that the remaining improvements required for the project will be properly completed that was accepted by the Town Board by Resolution 2016-263 shall be released. 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, Casella Dated: Wappingers Falls, New York 12/13/2021 The Resolution is hereby duly declared Adopted. ___________________________________________ JOSEPH P. PAOLONI, TOWN CLERK