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2011-3042011-304 Resolution Accepting Roads, Easements, Utilities and Other Public Improvements Constructed in Connection with the Shamrock Hills Subdivision Together with Maintenance Agreement Secured by Surety Bond 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 August 22, 2011. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Barbara A. Gutzler Councilmembers - William H. Beale Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni ABSENT: The following Resolution was introduced by Councilman Beale and seconded by Councilman Bettina. WHEREAS, Shamrock of Dutchess, LLC (hereinafter "Applicant") had previously made application to the Town of Wappinger Planning Board to approve a subdivision of two parcels of land more particularly described in a subdivision plat entitled "Shamrock Hills Subdivision Plan", prepared by Povall Engineering, PLLC, dated September 12, 2003, and last revised September 26, 2005, which plat has been filed in the Dutchess County Clerk's Office as Filed Map # 11963; and WHEREAS, the Town of Wappinger Planning Board granted Final Subdivision Plat Approval, by Resolution dated November 7, 2005, which was amended by Resolution adopted August 7, 2006, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolutions, and subject to certain improvements being made and constructed as set forth in the aforesaid Subdivision Plat and related Contract Drawings, including dedication of the roads, easements and other public improvements, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town Code; and WHEREAS, Toll Land VI Limited Partnership acquired title to 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 Plat Approval; and WHEREAS, the Applicant has tendered to the Town of Wappinger an Irrevocable Offer of Cession and Dedication for Roads A, B, C, D & E, Snow Easements and Sewer, Storm Sewer and Water dated August 21, 2006, which was recorded in the Dutchess County Clerk's Office on August 30, 2006, as document number 02 2006 7108; an Irrevocable Offer of Cession and Dedication for Water and Sewer Improvements located in Kendell Farms Conservation Park District dated August 21, 2006, which was recorded in the Dutchess County Clerk's Office on August 30, 2006, as document number 02 2006 7110; and a Supplemental Irrevocable Offer of Cession and Dedication dated October 15, 2007, which was recorded in the Dutchess County Clerk's Office on October 15, 2007, as document number 02 2007 7431, all in recordable form and approved by the Attorney to the Town, Albert P. Roberts, by letters dated August 22, 2006, and October 9, 2007, respectively; and WHEREAS, the Town Board has determined it is in the best interest of the residents of the Town of Wappinger, particularly the residents of the Shamrock Hills Subdivision, to accept the roads, easements, utilities and other public improvements that have been constructed in accordance with the original Resolution of Final Subdivision Plat Approval and the above mentioned Irrevocable Offers of Cession and Dedication; and WHEREAS, pursuant to Subdivision Regulations of the Town of Wappinger, Toll Land VI Limited Partnership 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, as well as to guarantee the maintenance of the plantings in the stormwater basins; and WHEREAS, to guarantee the quality and workmanship of the aforementioned public improvements, Toll Land VI Limited Partnership, has agreed to execute a Maintenance Agreement secured by a Surety Bond issued by Hartford Fire Insurance Company, bearing number 39BSBFU0721, issued in favor of the Town of Wappinger in the principal sum of One Million Three Hundred Four Thousand Dollars ($1,304,000.00). 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, particularly the residents of the Shamrock Hills Subdivision, to accept the roads and related easements, utilities and other public improvements made and constructed in connection with the Shamrock Hills Subdivision and, the Town Board hereby accepts same upon delivery of the original Maintenance Agreement and Surety Bond above mentioned. 3. The Town Supervisor, Barbara A. Gutzler, Engineer to the Town, Greg Bolner, and Attorney to the Town, Albert P. Roberts, are authorized and directed to take whatever steps are necessary to have the deeds and easements referenced in the aforementioned Offers of Cession and Dedication, 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 August 17th, 2011, by Toll Land VI Limited Partnership, with an address of 60 Merritt Boulevard, Fishkill, New York, 12524, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guarantee that the quality and workmanship of the roads 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 Surety Bond issued by Hartford Fire Insurance Company, bearing number 39BSBFU0721, issued in favor of the Town of Wappinger in the principal sum of One Million, Three Hundred Four Thousand Dollars ($1,304,000.00), securing the obligations set forth in the Maintenance Agreement, is hereby accepted as security for the Maintenance Agreement. 6. The Town Board acknowledges that the developer, Toll Land VI Limited Partnership, has completed all of the work required by the Planning Board's Resolution of Final Subdivision Plat Approval, dated November 7, 2005, which was amended by Resolution adopted August 7, 2006, and that the Performance Agreement executed by Toll Land VI Limited Partnership on August 23, 2006, has been fully honored, and the Town Board hereby authorizes the Town Clerk to release the original Performance Agreement secured by Surety Bond issued by Hartford Fire Insurance Company, bearing number 39BSBDT0495, in favor of the Town of Wappinger in the original principal sum of Six Million, Five Hundred Ninety Four Thousand Dollars ($6,594,000.00), and thereafter reduced to the sum of Seven Hundred Seventy One Thousand, Five Hundred Dollars ($771,500.00) -upon the Town Clerk's receipt of the above referenced Maintenance Agreement secured by Surety Bond in the sum of One Million, Three Hundred Four Thousand Dollars ($1,304,000.00) in the form acceptable to the Attorney to the Town. The foregoing was put to a vote which resulted as follows: BARBARA A. GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 8/22/2011 The Resolution is hereby duly declared adopted. 04L� JOIN C. MASTERSON, TOWN CLERK