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2009-1832009-183 Resolution Drawing on the Letter of Credit Posted in Connection with the Blackwatch Farms 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 May 11, 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 Maureen McCarthy (arrived at 7:08 PM) Joseph P. Paoloni The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Beale. WHEREAS, Blackwatch Development, LLC, as successor in interest to Robert B. Oswald, has posted a Substitution Performance Agreement dated June 1, 2005, secured by Letter of Credit issued by M&T Bank, in the original sum of Seven Hundred Five Thousand, Six Hundred Eighty -Five Dollars ($705,685.00), which Letter of Credit has been reduced to the principal sum of Two Hundred Forty -Three Thousand Dollars ($243,000.00), pursuant to authorization duly adopted by the Town Board of the Town of Wappinger; and WHEREAS, the aforementioned Letter of Credit issued by M&T Bank, bearing number SB -907772-2000, has been duly extended to May 22, 2010; and WHEREAS, New York State Town Law § 277, as well as the Town Code of the Town of Wappinger requires that the developer of a subdivision guarantee all of the obligations set forth in the Subdivision Regulations, Zoning Code and Highway Specifications; and WHEREAS, the Substitution Performance Agreement secured by the M&T Bank Letter of Credit executed by Blackwatch Development, LLC, and personally guaranteed by John O'Donnell, individually, and James Chirico, individually, guaranteed all of the obligations set forth in the Subdivision Regulations, Zoning Code and Highway Specifications of the Town of Wappinger in connection with the Blackwatch Subdivision; and WHEREAS, certain land was offered for dedication to the Town of Wappinger as a condition of approval for the Blackwatch Subdivision; and WHEREAS, the Town Board has been notified that the real estate taxes on said land has not been paid and the subject land is about to be sold at tax sale by Dutchess County; and WHEREAS, the land is identified by tax grid number 135689-6358-02-785898-0000, Tax Foreclosure Index No. 2007/5320; and WHEREAS, per advice from the Dutchess County Office of the Commissioner and Finance, the unpaid real property taxes total Six Thousand, Nine Hundred Fifty Dollars and 41/100 ($6,950.41), and must be paid to the Dutchess County Commissioner of Finance no later than May 29, 2009; and WHEREAS, the Town Board wishes to pay these unpaid real estate taxes so as to guarantee acquisition of the lands offered for dedication; and WHEREAS, the Town Board desires to draw on the aforementioned Letter of Credit in an amount sufficient to pay for the unpaid real estate taxes and any related expenses. 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 of the Town of Wappinger hereby authorizes Supervisor Christopher J. Colsey to draw on the Letter of Credit issued by M&T Bank, bearing number SB -907772-2000 in the amount of Seven Thousand, Two Hundred Dollars ($7,200.00) to pay for all unpaid real estate taxes and any related expenses due on the land offered for dedication in connection with the Blackwatch Farms Subdivision, identified by tax grid number 135689-6358-02- 785898-0000, and upon receipt of said funds, to promptly pay said amount to the Dutchess County Office of the Commissioner of Finance to forestall the tax sale of said land. 3. Supervisor Christopher J. Colsey and Attorney to the Town, Albert P. Roberts; are hereby authorized to undertake any work and to execute any documents necessary to draw on the aforementioned Letter of Credit in accordance with the provisions of the Letter of Credit and in accordance with the provisions of this Resolution. 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: AYE Dated: Wappingers Falls, New York 5/11/2009 The Resolution is hereby duly declared adopted. JOHN C. MASTERSON, TOWN CLERK