2008-2832008-283
Resolution Accepting Roads, Easements, Utilities and Other Public Improvements in Phase
IV of the Lee Knolls 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
September 22, 2008.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Maureen McCarthy
Joseph P. Paoloni
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, Paul Hunt had previously made application to the Town of Wappinger
Planning Board to approve a subdivision of lands more particularly described in a subdivision
map entitled "Lee Knolls Phase IV" prepared by Oswald & Gillespie, P.C., dated December 10,
2001, last revised October 21, 2002 (hereinafter the "Subdivision"); and
WHEREAS, the Town of Wappinger Planning Board granted Final Conditional
Subdivision Plat Approval for the Subdivision, by Resolution dated March 18, 2002, 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
Subdivision Map and related drawings, all in accordance with the Town of Wappinger
Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of
the Town; and
WHEREAS, O'Donnell Builders of Dutchess, Inc., purchased the subdivision and has
completed development of the subdivision, including all of the improvements as required by the
Resolution of Final Subdivision Plat Approval dated March 18, 2002; and
WHEREAS, the Town Board has determined itis in the best interests of the residents of
the Town of Wappinger, particularly the residents of the Phase IV of the Lee Knolls Subdivision,
to accept the roads, easements, utilities and other improvements that have been constructed
within this subdivision; and
WHEREAS, pursuant to the Subdivision Regulations of the Town of Wappinger,
O'Donnell Builders of Dutchess, Inc. is required to guarantee that the quality and workmanship
of the improvements accepted by the Town will be free from defects in materials and
workmanship for a period of one year from the date of acceptance by the Town; and
WHEREAS, to secure the obligations to guarantee the quality and workmanship of the
improvements, O'Donnell Builders of Dutchess, Inc. has executed a Maintenance Agreement
secured by a Letter of Credit issued by M&T Bank bearing No. SB -906323-2000 in the sum of
Twenty -Three Thousand, Three Hundred Twenty -Eight Dollars and 00/100 ($23,328.00), in
favor of the Town of Wappinger, securing the obligations in the Maintenance Agreement
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby determines that it is in the best interests of the residents
of the Town of Wappinger, particularly the residents of Phase IV of the Lee Knolls Subdivision,
to accept the roads, easements, utilities and other related improvements made and constructed in
connection with said Subdivision and hereby accepts same upon delivery of the original
Maintenance Agreement secured by a Letter of Credit, above mentioned.
3. The Town Supervisor, Christopher Colsey, the Engineer to the Town, Robert J.
Gray, and the Attorney to the Town, Albert P. Roberts, are authorized and directed to take
whatever steps are necessary to have the deeds and easements, and any related bills of sales,
recorded and/or filed in the Office of the Dutchess County Clerk and to execute any and all
documents necessary for such recording and/or filing.
4. The Maintenance Agreement executed by O'Donnell Builders of Dutchess, Inc.,
with an office at Summerlin Plaza, Suite 216, 942 Route 376, Wappingers Falls, New York, as
Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guaranty that the
quality and workmanship of the improvements will be free from defects in materials and
workmanship for a period of one year from the date of acceptance by the Town as required by
the Subdivision Regulations of the Town of Wappinger.
5. The Irrevocable Letter of Credit issued by M&T Savings Bank, bearing No. SB -
906323 -2000 and issued in favor of the Town of Wappinger in the sum of Twenty -Three
Thousand, Three Hundred Twenty -Eight Dollars and 00/100 ($23,328.00) securing the
obligation set forth in the Maintenance Agreement, is hereby accepted as security for the faithful
obligation set forth in the Maintenance Agreement.
6. The Town Board hereby acknowledges that O'Donnell Builders of Dutchess, Inc.
has completed all of the work required by the Planning Board's Resolution of Final Conditional
Subdivision Plat Approval and that the Performance Agreement executed by Paul Hunt has been
fully honored and the duties under that agreement have been discharged and the Town Board
hereby authorizes the Town Clerk to release any Letter of Credit posted as security for said
Performance Agreement upon the Town Clerk's receipt of the above referenced Irrevocable
Letter of Credit in the form acceptable to the Attorney of the Town.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
ABSENT
Dated: Wappingers Falls, New York
9/22/2008
The Resolution is hereby duly declared adopted.
CAik�D_
HN C. MASTERSON, TOWN CLERK