2022-171 2022-171
Resolution Accepting Furnia Court And Related Easements For Furnia Subdivision Together With
Maintenance Agreement Secured By Letter Of Credit
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 12, 2022.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the
following was recorded:
✓Vote Record-Resolution RES-2022-171
2 Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter 2 ❑ ❑ ❑
❑ Tabled Angela Bettina Voter ❑ ❑ ❑ Q
❑ Withdrawn Christopher Phillips Mover 2 ❑ ❑ ❑
Al Casella Seconder Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Phillips and seconded by Casella.
WHEREAS, Rieger Homes,Inc. (hereinafter "RIEGER HOMES") owns a parcel of real property located on the
northwesterly side of New Hackensack Road, and
WHEREAS, Hybridhomedevelopers, LLC filed an application for subdivision plat approval with the Town of
Wappinger Planning Board for a certain parcel in the Town of Wappinger designated as Lot No. 5 of a certain
Subdivision Plat entitled "Swenson Subdivision" filed in the office of the Dutchess County Clerk on October 15,
1986 as Filed Map Number 7771 ("Premises"); and
WHEREAS, on March 18, 2019, the Town of Wappinger Planning Board issued a resolution of Final Subdivision
Plat Approval for the Furnia Subdivision which depicts a road,water main, drainage improvements and other
infrastructure which will be dedicated to the Town of Wappinger; and
WHEREAS, the final subdivision plat was filed in the Office of the Dutchess County Clerk on August 1, 2019 as
Filed Map 7771A which is subject to an Offer of Cession and Dedication dated July 29, 2019 and recorded in the
Office of the Dutchess County Clerk on August 1, 2019 as Document No. 02-2019-5010; (the "Plat") and
WHEREAS, by letter dated December 7, 2022, the Engineers to the Town have advised that the construction of
Furnia Court and the related improvements have been completed in accordance with the construction documents
for the subdivision; and
WHEREAS, pursuant to §214-43 of the Town of Wappinger Code,RIEGER HOMES is required to post a
highway construction guaranty in the form of a bond or performance guarantee in an amount equal to $52,128.00,
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 RIEGER HOMES has been unable to do so and said Maintenance
Bond has been provided; and
WHEREAS, RIEGER HOMES tendered to the Town of Wappinger a deed for the right of way for Furnia Court
from RIEGER HOMES 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 Furnia Court as a town highway;
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 Furnia Court as a Town Highway together with the drainage facilities and other public
improvements located in and around the highway right of way, except those specifically excepted by the
subdivision plat.
2. The Maintenance Agreement executed by RIEGER HOMES, 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 an Irrevocable Letter of Credit bearing Letter of Credit No.
issued by Salisbury Bank to the Town of Wappinger in the amount of Fifty-two Thousand
One Hundred twenty-eight& 00/100 ($52,128.00,) 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 RIEGER HOMES 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 RIEGER HOMES.
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 Amended Standby Letter of Credit to the Town Clerk, the original Irrevocable
Standby Letter of Credit effective June 21, 2019 issued by Salisbury Bank in favor of the Town of
Wappinger in the sum of$260,640.00 as security for the Performance Agreement to construct the roadway
and associated drainage required for the project shall be released to RIEGER HOMES.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Phillips, Councilman
SECONDER: Al Casella, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
Dated: Wappingers Falls, New York
12/12/2022
The Resolution is hereby duly declared Adopted.
JOSEPH P. PAOLONI, TOWN CLERK