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2009-0812009-81 Resolution Authorizing the Release of Letter of Credit, Checks for Recreation Fees and Escrow Deposits Posted in Connection with the Cranberry Hills Subdivision 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 February 9, 2009. 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 Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni. WHEREAS, Cranberry Hills, LLC, received Subdivision Plat Approval from the Town of Wappinger Planning Board by Resolution dated December 12, 2006; and WHEREAS, in accordance with Town Law Sections 276 and 277, Cranberry Hills, LLC, tendered a Performance Agreement secured by an Irrevocable Letter of Credit, Serial No. S00055737, issued by the Bank of New York in the sum of Four Million, Three Hundred Twenty Thousand Dollars and 00/100 ($4,320,000.00), in favor of the Town of Wappinger, to secure the developer's obligations to guarantee the construction, installation, implementation and dedication of required improvements as set forth in the Resolution of Subdivision Plat Approval dated December 12, 2006; and WHEREAS, the Applicant further issued bank checks to the Town of Wappinger for the following items: 1. Bank check number 979570394 dated 11/29/2007 in the amount of $275,000.00 for Phase I Recreation Fees; and 2. Bank check number 979570395 dated 11/29/2007 in the amount of $26,250.00 for the post approval escrow deposit; and 3. Bank check number 979570396 dated 11/29/2007 in the amount of $108,000.00 for the initial inspection escrow deposit. WHEREAS, the Town Clerk has verified the possession of the aforementioned original documents and checks; and WHEREAS, the Applicant, through its attorney, Richard O'Rourke, of the law firm of Keane & Beane, by letter dated January 7, 2009, has requested the return of the Letter of Credit, as well as the bank checks delivered for the recreation fees, post approval escrow deposit and initial inspection escrow deposit. 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. In accordance with the letter request dated January 7, 2009, the Town Board hereby authorizes the Town Clerk, John C. Masterson, to return to Cranberry Hills, LLC, c/o Keane & Beane, the Irrevocable Letter of Credit posted as security for the Performance Agreement in the sum of Four Million, Three Hundred Twenty Thousand Dollars and 00/100 ($4,320,000.00), bearing Serial No.S00055737, in favor of the Town of Wappinger. 3. Further, in accordance with the letter request dated January 7, 2009, the Town Board hereby authorizes the Town Clerk, John C. Masterson to also return the following three (3) checks: a. Bank check number 979570394, dated 11/29/2007, in the amount of $275,000.00 for Phase I Recreation Fees; and b. Bank check number 979570395, dated 11/29/2007, in the amount of $26,250.00 for the post approval escrow deposit; and C. Bank check number 979570396 dated 11/29/2007 in the amount of $108,000.00 for the initial inspection escrow deposit. 4. This resolution shall take effect immediately. 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: ABSENT JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 2/9/2009 The Resolution is hereby duly declared adopted. *HNC. �=S-TERSON, TOWN CLERK KEANE 8 BEANE, P.C. ATTORNEYS AT LAW 445 HAMILTON AVENUE WHITE PLAINS, NEW YORK 10601 200 WESTAGE BUSINESS CENTER FISHKILL, NEW YORK 12524 (845) 896-0120 Via Facsimile: (845) 297-4558 & Regular Mail (914) 946-4777 FAX (914) 946-6868 www.kbiaw.com January 7, 2009 Honorable Christopher Colsey, Supervisor Town of Wappinger Town Hall 20 Middlebush Road Wappinger, New York 12590 Re: Cranberry Hills Subdivision Dear Mr. Colsey: RICHARD L. O'ROURKE PRINCIPAL MEMBER Supervisor Office JAN 0 8 2009 As you know, my firm represents Cranberry Hills LLC, owners of properties located on Widmer Road and Myers Corners Road. The subdivision approval for this land is the subject of continuing litigation, and briefs are scheduled to be filed in the Appellate Division, Second Department in February, 2009. In earlier conversations with Town Attorney Al Roberts, he indicated to me that he had instructed the return of certain monies deposited and paid in connection with the signing of the final plat. It is the refusal by the Planning Board Chairman to sign the plat that is the subject of the pending litigation before the Appellate Division, Second Department. Pursuant to my most recent conversation with Mr. Roberts, I hereby renew the request for the return of the letter of credit, recreation fees and inspection fees currently held by the Town of Wappinger. The Letter of Credit is in the amount of Four Million Three Hundred Twenty Thousand (4,320,000) dollars, the Recreation fees total two hundred seventy five thousand ($275,000) Dollars and the Inspection fees paid are one hundred eight thousand ($108,000) Dollars. Should you have any questions regarding this, please do not hesitate to contact me. Very truly yours, Richard L. O'Rourke,. RLO/cp cc: Alan Raylesberg, Esq. Mr. Steve Green Al Roberts, Esq. 1185/20/350234 V1 1/7/09