2011-3422011-342
Resolution Accepting a Performance Agreement Secured by a Letter of Credit for the
Hudson Valley Cerebral Palsy 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 October
24, 2011.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Paoloni
WHEREAS, the Town of Wappinger Planning Board received an application from the
Hudson Valley Cerebral Palsy Association (HVCPA) on behalf of Masonic War Veterans of
New York, Post No. 53 (MWV) for a subdivision of lands more particularly described in a
Subdivision Map entitled "Subdivision Plat Prepared for Hudson Valley Cerebral Palsy "
prepared by Chazen Engineering, Land Surveying & Landscape Architecture Co., P.C. dated
November 9, 2009, and last revised May 3, 2011; and
WHEREAS, Hudson Valley Cerebral Palsy also sought Site Development Plan and
Wetlands Permit Approvals and an Amended Site Development Plan Approval for the Masonic
War Veterans of New York, Post No. 53, in conjunction with Subdivision Plat Approval; and
WHEREAS, the Town of Wappinger Planning Board granted Preliminary and Final
Subdivision Plat Approval, Site Development Plan and Wetlands Permit Approvals and
Amended Site Development Plan Approval for the Masonic War Veterans of New York by
Resolutions dated February 7, 2011, subject to and conditioned upon completion of the
conditions and construction of the improvements set forth in the aforementioned Resolutions,
and as noted on the Subdivision Map and related Contract drawings, all in accordance with the
Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules
and Regulations of the Town, and further subject to the requirements set forth in the letter of
Morris Associates Engineering Consultants, PLLC, Engineer to the Town, dated February 4,
2011; and
WHEREAS, Town Law §277 requires that before any building permits may be issued in
an newly created subdivision that the construction, installation and dedication of the
improvements required by the Resolution of Subdivision Approval be completed, or, in the
alternative, that a Performance Agreement guaranteed by sufficient security be posted with the
Town to guaranty the completion of the aforementioned improvements; and
WHEREAS, Robert J. Gray, P.E., Engineer to the Town has determined that the
estimated security for the initial construction is $41,600.00; and
WHEREAS, to secure the obligation to guarantee the construction, installation and
dedication of the required public improvements and obligations, Howard Yager, Executive
Director of United Cerebral Palsy Association of Putnam and Southern Dutchess Counties, Inc.
and its subsidiary, Dutchess Community Living Corporation has executed a Performance
Agreement on September 8, 2011 secured by a Letter of Credit in the total sum of Forty One
Thousand, Six Hundred Dollars ($41,600.00) issued by T.D. Bank, N.A. bearing number
20004849 in favor of the Town of Wappinger as security for the obligations set forth in the
Performance Agreement; and
WHEREAS, United Cerebral Palsy Association of Putnam and Southern Dutchess
Counties, Inc. and its subsidiary, Dutchess Community Living Corporation hereby agree to
make, construct and complete the improvements and agrees to perform all of the obligations set
forth in the Resolutions of Approval, Town of Wappinger Subdivision Regulations, Zoning
Code, Highway Specifications, and Rules and Regulations of the Town, and further subject to
the requirements set forth in the letter of Morris Associates Engineering Consultants, PLLC,
Engineer to the Town, dated February 4, 2011; and
WHEREAS, upon construction and completion of the required improvements and
obligations set forth above and upon request of the Town, the undersigned will dedicate same to
the Town of Wappinger, free and clear of any liens or obligations as set forth in the local laws,
ordinances, rules and regulations of the Town of Wappinger; and
WHEREAS, Albert P. Roberts, Attorney to the Town, has approved the form of the
aforementioned Performance Agreement and Letter of Credit.
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 to accept the Performance Agreement secured by a Letter
of Credit in the amount of Forty One Thousand Six Hundred Dollars ($41,600.00)
securing the obligations of United Cerebral Palsy Association of Putnam and
Southern Dutchess Counties, Inc. and its subsidiary, Dutchess Community Living
Corporation, to guarantee the construction, installation and dedication of the
required public improvements with respect to the Hudson Valley Cerebral Palsy
Subdivision.
3. The Town Board hereby accepts the Performance Agreement secured by a Letter
of Credit which Letter of Credit has been issued by T.D. Bank, N.A. bearing
number 20004849 in the sum of Forty One Thousand Six Hundred Dollars
($41,600.00) in favor of the Town of Wappinger as security for the faithful
performance of the obligations secured by and set forth in the Performance
Agreement.
The foregoing was put to a vote which resulted as follows:
BARBARA 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
10/24/2011
The Resolution is hereby duly declared adopted.
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CHRISTINE FULTON, DEPUTY TOWN CLERK