2010-3492010-349
Resolution Accepting Roads, Easements, Utilities, and Other Public Improvements
Constructed in Connection with Section 1, Parcel 1, Meadowood 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
November 4, 2010.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale (Departed 9:11 PM)
Vincent F. Bettina (Arrived 6:12 PM)
Ismay Czamiecki
Joseph P. Paoloni
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman Czarniecki.
WHEREAS, Meadowood Development Corp. (hereinafter "Applicant') had previously
made application to the Town of Wappinger Planning Board to approve a subdivision of lands
more particularly described in a subdivision plat entitled "Section 1, Parcel 1, Meadowood
Subdivision", hereinafter referred to as "Meadowood I", prepared by Lawrence J. Paggi, P.E.,
P.C., dated March 11, 1999 and last revised October 12, 2004; and
WHEREAS, the Town of Wappinger Planning Board granted Final Subdivision Plat
Approval by Resolution dated November 25, 2003, 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 set forth in the aforesaid Subdivision Map and related Contract
Drawings, including dedication of the roads, easements and other public improvements for
Meadowood 1, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning
Code, Highway Specifications, and Rules and Regulations of the Town; and
WHEREAS, the Meadowood 1 subdivision was developed in conjunction with an
adjacent subdivision known as "Section 2, Parcel 1 Meadowoods Subdivision" prepared by
Lawrence J. Paggi, PE, last revised December 1, 2004, hereinafter referred to as "Meadowood
2"; and
WHEREAS, in addition to the improvements to be constructed in Meadowood 1, the
Applicant was required to construct certain public improvements within Meadowood 2, which
improvements were necessary for the development of Meadowood 1; and
WHEREAS, the Town Board has determined that all of the roads and other public
improvements, constructed in connection with the development of both Meadowood 1 and
Meadowood 2, have been completed in due and proper form and the Town Board hereby agrees
to accept the roads, easements, utilities and other public improvements that were required to be
constructed in accordance with the original resolutions of subdivision plat approval for both
Meadwood 1, together with those improvements made by the Applicant within easements
located in Meadowood 2; and
WHEREAS, pursuant to the subdivision regulations of the Town of Wappinger,
O'Donnell Group, LLC is required to guaranty that the quality of the workmanship of the roads
and other public improvements, including the potable water pipes and storm water drainage pipes
and facilities accepted herein by the Town will be free from defects in materials and
workmanship for a period of one (1) year from the date of acceptance by the Town; and
WHEREAS, O'Donnell Group, LLC purchased the subdivision from the Applicant and
has completed development of the subdivision, including all of the improvements as required by
the Resolution of Final Subdivision Approval; and
WHEREAS, the Applicant had previously tendered to the Town of Wappinger the
following documents: an Irrevocable Offer of Cession and Dedication dated October 20, 2004,
which was filed in the Dutchess County Clerk's Office on November 12, 2004, as document
number 02 2004 12236; original Grant of Permanent Easement for Sewer, Storm Sewer and
Water Purposes duly executed by Meadowood Development Corp. by Steven Domber as
President, dated October 20, 2004, together with accompanying TP -584; original Grant of Snow
Easement duly executed by Meadowood Development Corp. by Steven Domber as President,
dated October 20, 2004, together with accompanying TP -584; original deed for dedication of the
well fields/recreation parcel executed by Meadowood Development Corp. by Steven Domber as
President, dated October 26, 2004, together with accompanying TP -584 and RP -5217; original
deed for road dedication of Whites Corner Lane executed by Meadowood Development Corp. by
Steven Domber as President, dated October 21, 2004, together with accompanying TP -584 and
RP -5217; original deed for dedication of the so-called "Parcel 3" located at the southeast
quadrant of the intersection of All Angels Hill and Old Hopewell Road executed by Meadowood
Development Corp. by Steven Domber as President, dated October 26, 2004; and original Policy
of Title Insurance issued through First American Title Insurance Company of New York bearing
Policy No.756D02362PA-8809, all in recordable form and approved by the Attorney to the
Town, Albert P. Roberts, by letter dated November 5, 2004; and
WHEREAS, Applicant also constructed a waterline and other public improvements
within easements located within the Meadowood 2 subdivision and the Town Board hereby
agrees to accept the grant of water, sewer and stormwater easements, and the snow easement
previously tendered to the Town in connection with the Meadowood 2 subdivision; and
WHEREAS, the Town Board has determined it is in the best interest of the residents of
the Town of Wappinger, and particularly the residents of the Meadowood 1 Subdivision, to
accept the roads, easements, utilities and other public improvements that have been constructed
in accordance with the original Resolutions of Subdivision Plat Approval for the above -
referenced subdivisions; and
WHEREAS, pursuant to the Subdivision Regulations of the Town of Wappinger,
O'Donnell Group, LLC is required to guarantee that the quality and workmanship of the road
and other 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, by letter dated October 25, 2010, the engineer to the Town has
recommended that the Maintenance Bond required to guarantee that the quality of workmanship
of the roads and other improvements should be in the amount of One Hundred Twenty -Eight
Thousand Two Hundred Sixty -Eight Dollars ($128,268.00); and
WHEREAS, The O'Donnell Group, LLC, the current owner and developer of the
aforementioned subdivision, has executed a Maintenance Agreement to be Secured by a Letter of
Credit issued by M&T Bank, bearing number SB -906391-2000, in the principal sum of One
Hundred Twenty -Eight Thousand Two Hundred Sixty -Eight Dollars ($128,268.00) and issued in
favor of the Town of Wappinger as the financial security to guarantee the obligation set forth in
the Maintenance Agreement; and
WHEREAS, the aforementioned Letter of Credit will be delivered to the Town
simultaneously with the release of the Letter of Credit issued to guarantee the financial
obligation of the Performance Agreement previously posted in connection with the Meadowood
1 Subdivision; and
WHEREAS, as additional security to secure the obligation that the improvements will be
free from defects, John O'Donnell and Sean O'Donnell, Members of O'Donnell Group, LLC,
has further agreed to personally guarantee the obligations of O'Donnell Group, LLC as set forth
herein; and
WHEREAS, by letter dated October 27, 2010, Graham Foster, Highway Superintendent
of the Town of Wappinger, has inspected the construction of the roads within the Meadowood
Subdivision, Whites Corner Lane, and has recommended that the Town Board accept it as a town
road; and
WHEREAS, by letter dated October 25, 2010, the engineer to the Town has
recommended that the road and related infrastructure within the subdivision be accepted by the
Town Board.
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 interest of the residents of
the Town of Wappinger, and particularly the residents of Meadowood 1 and Meadowood 2
subdivisions, to accept the road known as Whites Corner Lane, and related easements, utilities,
potable water pipes, stormwater drainage pipes and facilities, and other public improvements
made and constructed in connection with the Planning Board's Resolution of Final Subdivision
Plat Approval dated November 25, 2003 for Meadowood 1, and the Town Board hereby accepts
same upon the delivery of the original Maintenance Agreement and Letter of Credit in the sum of
One Hundred Twenty -Eight Thousand Two Hundred Sixty -Eight Dollars ($128,268.00) above
mentioned and upon the express condition that the roads, easements and other public
improvements are conveyed to the Town free and clear of any liens or encumbrances, and upon
payment by The O'Donnell Group, LLC of all outstanding fees and escrow reimbursements due
to the Town.
3. The Town Supervisor, Christopher J. Colsey, Engineer to the Town, Robert J.
Gray, and Attorney to the Town, Albert P. Roberts, are authorized and directed to take whatever
steps are necessary to have the aforementioned Deed, Easements and related Bills of Sale, if any,
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, upon a determination that the aforesaid
documents are delivered free and clear of any liens or encumbrances and are otherwise in
compliance with the Town's Subdivision Regulations, Zoning Code, Highway Specifications,
and Rules and Regulations of the Town Code.
4. The Maintenance Agreement executed on October 19, 2010, by O'Donnell
Group, LLC with an address of 62 Carpenter Road, Hopewell Junction, New York 12533, 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 one year from the date of acceptance by the Town as
required by the Subdivision Regulations of the Town of Wappinger.
5. The Letter of Credit issued by M&T Bank, bearing number SB -906391-2000 and
issued in favor of the Town of Wappinger in the principal sum of One Hundred Twenty -Eight
Thousand Two Hundred Sixty -Eight Dollars ($128,268.00) securing the obligations set forth in
the Maintenance Agreement, is hereby accepted as the financial security to guarantee the
obligations contained in the Maintenance Agreement.
6. The personal guarantees issued by John O'Donnell and Sean O'Donnell,
incorporated into the Maintenance Agreement, in favor of the Town of Wappinger, securing the
obligations set forth in the Maintenance Agreement, is hereby accepted as additional security for
the Maintenance Agreement.
7. The Town Board acknowledges that the developer, O'Donnell Group, LLC has
completed all of the work required by the Planning Board's Resolution of Final Subdivision Plat
Approval dated November 25, 2003, and the Town Board hereby authorizes the Town Clerk to
release the original Letter of Credit posted to secure the Performance Agreement previously
submitted to the Town to guarantee the construction and installation of the roads and other public
improvements required by the aforesaid Resolution of Final Subdivision Plat Approval.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting: AYE
WILLIAM H. BEALE, COUNCILMAN
Voting: ABSENT
VINCENT F. BETTINA, COUNCILMAN
Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting: AYE
Dated: Wappingers Falls, New York
11/4/2010
The Resolution is hereby duly declared adopted.
HN C. MASTERSON, TOWN CLERK
Revised 11/2/10 (71
. L
MAINTENANCE AGREEMENT SECURED BY LETTER OF CREDIT
FOR SECTION 1, PARCEL 1, MEADOWOOD SUBDIVISION
WHEREAS, the undersigned, O'Donnell Group, LLC, by its Members, John O'Donnell
and Sean O'Donnell, with an office at 62 Carpenter Road, Hopewell Junction, New York 12533,
has now completed the roads and other required public improvements in connection with the
Subdivision known as "Section 1, Parcel 1, Meadowood Subdivision" prepared by Lawrence J.
Paggi, P.E., P.C., dated March 11, 1999 and last revised October 12, 2004, which map has been
filed in the Dutchess County Clerk's Office as filed map number 11210A on November 10, 2004
(hereinafter the "Subdivision") which roads and other required public improvements are ready to be
dedicated and accepted by the Town of Wappinger (hereinafter the "Town"); and
WHEREAS, pursuant to the Subdivision Regulations of the Town of Wappinger the
undersigned is required to guarantee that the quality and workmanship of any roads and public
improvements to be dedicated to the Town in connection with the aforementioned "Section 1,
Parcel 1, Meadowood Subdivision", 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 that said roads and other public
improvements will be free from defects in materials and workmanship as above stated, the
undersigned hereby executes this Maintenance Agreement which will be secured by a Letter of
Credit issued by M&T Bank, bearing number SB -906391-2000, in the principal sum of One
Hundred Twenty -Eight Thousand Two Hundred Sixty -Eight Dollars ($128,268.00) issued in favor
of the Town of Wappinger; and
-1-
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Revised 11/2/10
WHEREAS, as additional security to guarantee the obligation that the roads and other
public improvements will be free from defects in materials and workmanship for a period of one
year after acceptance, John O'Donnell and Sean O'Donnell, have further agreed to personally
guarantee the obligations set forth in this Maintenance Agreement.
NOW, THEREFORE, the undersigned, O'Donnell Group, LLC, by its Members, John
O'Donnell and Sean O'Donnell, hereby guarantee that the quality and workmanship of the roads
and other public improvements constructed and installed in connection with the Subdivision will be
free from defects in materials and workmanship for a period of one year from the date of acceptance
of said roads and improvements by the Town and the undersigned further agrees to maintain, keep
and repair said roads and public improvements in good working order in accordance with the
Ordinances, Local Laws, Rules, Regulations and Code of the Town of Wappinger for a period of
one year from the date of acceptance of said roads and improvements by the Town.
As security for this Maintenance Agreement, the undersigned delivers to the Town the
following security for the faithful performance of the obligations contained herein:
A Letter of Credit issued by M&T Bank bearing number SB -906391-2000, in the principal
sum of One Hundred Twenty -Eight Thousand Two Hundred Sixty -Eight Dollars
($128,268.00) in favor of the Town, which Letter of Credit is attached hereto, and the
undersigned consents to the terms thereof as security for the obligations contained herein.
-2-
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Revised 11/2/10
As additional security for this Maintenance Agreement, John O'Donnell and Sean
O'Donnell, individually, jointly and severally further join in the execution of this Agreement for the
sole purpose of personally guaranteeing the faithful performance of the obligations created
hereunder.
Date: November , 2010
O'DONNELL GROUP, LLC
By:
P '"John O'Donnell, Memb
By:
Sean O'Donnell, Member
, ,,:;�nli�'Donnell, Individually as Guarantor
Sean 'Donnell, Individually as Guarantor
ale
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Revised 11/2/10
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHES S )
On the 3 day of November, 2010, before me, the undersigned, personally appeared JOHN
O'DONNELL personally known to me or proved to me on the basis of satisfactory evidence to be
the individual whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his capacity, and that by his signature on the instrument, the individual, or the
person upon behalf of which the individual acted, executed the instrument.
E � i
lam.
Not Pub is
JOYCE; CERON1
Notary Public, Say :e of Nevv York
Req. '1o, a.846841
Qualified in Outuhoss i"ountY
u smtnission Expires 3s2I------�.�R
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
On the 2D day of November, 2010, before me, the undersigned, personally appeared SEAN
O'DONNELL personally known to me or proved to me on the basis of satisfactory evidence to be
the individual whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his capacity, and that by his signature on the instrument, the individual, or the
person upon behalf of which the individual acted, executed the instrument.
-MON '2vo
Notary Public
DAWN M. MOORE
Notary Public, State of New York
Reg No. Ot M06092798
Oualified in Dutchess Counnttyy
Commission Expires May 27, 20-I„
-4-
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M&T Bank M and T Bank
Trade Finance Operations
1800 Washington Boulevard 8th Floor, MC-MD1-MP37
Baltimore, MD 21230
Tel: Letters of Credit: (410) 244-4475 / 4587
Tel: Collections: (410) 244-4566 -
SWIFT: MANTUS331NT •
Irrevocable
Standby Letter of Credit
No. SB9063910001
Amendment no. 3
Dated October 07, 2010
Beneficiary: Applicant:
TOWN OF WAPPINGER O'DONNELL GROUP LLC
20 MIDDLEBUSH ROAD 62 CARPENTER ROAD
JOSEPH RUGGIERO-SUPERVISOR HOPEWELL JUNCTION NY, 12533
WAPPINGERS FALLS,NY 12590, United States United States
We amend our•Standby Letter of Credit subject to the following terms and conditions. This -
amendment forms an integral part of the original Instrument All other terms and conditions
remain unchanged. '
Amended Terns:
Expiry date has been amended to: October 07, 2011•
The amount of the Standby Letter of Credit is increased by: USD 6,400.00 to -USD 181,600.00
THIS LETTER OF CREDIT IS ISSUED AS FINANCIAL SECURITY FOR THE OBLIGATIONS SET
FORTH IN A CERTAIN MAINTENANCE AGREEMENT DATED OCTOBER,_,,,, 2010 AND EXECUTED
-BY O'DON NELL -.GROUP, LLC IN FAVOR OF THE TOWN OF WAPPINGER.
THIS WILL ALSO CONFIRM THAT THE REFERENCE TO STANDBY LETTER OF CREDIT.NO.
SB9063910001 IS THE SAME AS THE STANDBY LETTER OF CREDIT BEARING No. SB -906391-2000.
EXHIBIT A PARAGRAPH NO.2 IS HEREBY RESTATED TO READ:
Ip1R7�FZTj
Page 1 of 2
i
M&TBank M & T Bank
"O'DONNELL GROUP, LLC HAS FAILED TO MAINTAIN ALL INFRASTRUCTURE IMPROVEMENTS
TO THE MEADOWOOD SUBDIVISION IN ACCORDANCE WITH AGREED UPON TERMS."
Unless otherwise instructed herein, all correspondshce and inquiries regarding this transaction should be
directed to our Customer Service Center at the above address, telephone:. Please indicate our reference
number in all your correspondence or telephone Inquiries.
Regards,
.Authorized Signature(s)
Page 2 of 2
VERGILIS,
GERALD A. VERGILIS*
KENNETH M. STENGER
ALBERT P. ROBERTS
THOMAS R. DAVIS
STEPHEN E. DIAMOND****
JOAN F. GARRETT**
KEVIN T. McDERMOTT
ANGEL I. FALCON
ANTHONY M. DEFAZIO***
JAMES P. HORAN***
LISA M. COBB
M. ELLEN O'SULLIVAN
MARINA O'NEILL
November 2, 2010
STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590 OF COUNSEL:
KAREN MacNISH
(845)298-2000
FAX (845) 298-2842
www.vslp.com
e-mail: info@vsrp.com
POUGHKEEPSIE OFFICE
276 MAIN STREET
POUGHKEEPSIE, NY 12601
(845)452-1046
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Attention: Hon. Christopher J. Colsey, Supervisor
Re: Meadowood Subdivision, Section 1— Parcel 1
File No. 12949.0083
Dear Chris and Board Members:
LEGAL ASSISTANTS:
AMY E. DECARLO
SANDRA A. OAKLEY
SARAH SALISBURY
CLOSING COORDINATOR:
MARIA L. JONES
*ALSO ADMITTED IN FLA.
**ALSO ADMITTED IN CONN.
***ALSO ADMITTED IN NJ
****ALSO ADMITTED M FL & MA
I enclose herewith a photocopy of a Maintenance Agreement Secured by Letter of Credit
executed by O'Donnell Group, LLC and personally guaranteed by its members, Sean
O'Donnell and John O'Donnell in connection with above referenced subdivision.
The Maintenance Agreement will be secured by a Stand -By Letter of Credit in the
principal sum of $128,268.00 to be issued by M&T Bank. I had previously approved the
format of the Letter of Credit. The original Stand -By Letter of Credit will be delivered to
the Town after the Town Board adopts a Resolution accepting the roads, easements and
other public improvements in connection with said subdivision.
The dedication of the roads, easements and acceptance of the public improvements will
not be completed until such time as the Deeds and Easements are recorded in the County
Clerk's Office and the Developers pay all associated fees and outstanding escrow items
incurred in connection with this dedication.
0:\Wappinger\PlanningBoard\Meadowood\Section 1, Parcel 1\102210 letter to Town Board re signed Maintenance Agrmt & Letter of
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November 2, 2010
Page 2
Upon adoption of the Resolution of Acceptance, my office will arrange for a closing with
the O'Donnells to assure that all fees and associated costs have been paid in full.
Very truly yours,
VERGILIS, STE GER, ROBERTS, DAVIS & DIAMOND, LLP
ALBERVP. ROBERTS
APR/dw
Enclosures
cc: Hon. Graham Foster, Highway Superintendent (Via Email)
Hon. John C. Masterson, Town Clerk (Via Hand Delivery of original Maintenance Agreement)
Robert J. Gray, P. E. (Via Email)
O'Donnell Group, LLC (via Email)
Kevin Barry, Esq. (Via Email)
Karen Nearey, M&T Bank (via Email)
Poughkeepsie Abstract Company, Inc. (Via Email)
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