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2011-3652011-365 Resolution Accepting Performance Bond Secured by Cash Deposit in Connection with Adams Fairacre Farms Site Plan 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 28, 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 Councilwoman Czarniecki. WHEREAS, Adams-Wappinger, LLC had made application to the Town of Wappinger Planning Board for Amended Site Development Plan and Wetlands Permit Approvals for the construction of a 71,754 square foot facility, including a grocery store and garden center, warehouse, tropical green house, poly house, shade house, outdoor nursery and offices; and WHEREAS, on October 19, 2009, the Town of Wappinger Planning Board adopted the First Resolution of Amended Site Development Plan and Wetlands Permit Approvals for this project; and WHEREAS, on March 21, 2011, the Town of Wappinger Planning Board adopted the Second Resolution of Amended Site Development Plan and Wetlands Permit Approvals for this project; and WHEREAS, on June 3, 2011, a Building Permit, Permit No.: 2011-0396, was issued for the construction of this project; and WHEREAS, after the Second Resolution of Amended Site Plan Approval was adopted by the Planning Board, the applicant proposed various changes to the approved Amended Site Plan; and WHEREAS, on September 19, 2011, the Town of Wappinger Planning Board adopted the Third Amended Site Development Plan and Wetlands Permit Approvals for this project; and WHEREAS, Barbara Roberti, Zoning Administrator, by letter dated October 26, 2011, certified compliance of site plan approval except for various landscaping and cosmetic features that were not deemed essential to the functioning of the site; and WHEREAS, the issuance of a Certificate of Occupancy was authorized subject to the execution of a Performance Bond secured by an amount determined by the Engineer for the Town to guarantee that all the obligations set forth in the various Resolutions of Approval will be completed in a timely manner; and WHEREAS, by letter dated October 27, 2011, Greg W. Bolner, P.E. of Clark Lee Patterson, the Town's engineer for this project, determined that the amount of $71,000.00 was a sufficient amount to guarantee the completion of all of the items identified in the Zoning Administrator's report of October 26, 2011; and WHEREAS, to secure the obligation to guarantee the completion of the various landscaping and decorative items that remain incomplete, Adams-Wappinger, LLC, has executed a Performance Bond dated October 28, 2011 secured by a Cash Deposit in the amount of Seventy -One Thousand Dollars ($71,000.00) posted with the Town of Wappinger as security to guarantee the completion of the items identified in the Zoning Administrator's report of October 26, 2011; and WHEREAS, Adams-Wappinger, LLC hereby agrees to complete all of the required landscaping and decorative items as outlined in the Zoning Administrator's certification dated October 26, 2011 and agrees to complete all of the obligations set forth in the Resolutions of Approval no later than July 28, 2012, unless Adams-Wappinger, LLC obtains permission from the Town of Wappinger Planning Board that completion of such items is not necessary; and WHEREAS, Adams-Wappinger, LLC covenants and warrants to the Town of Wappinger that in the event Adams-Wappinger, LLC fails to fully perform and complete all of said items, then, upon the demand of the Town of Wappinger, the Town of Wappinger shall have the right to draw upon said deposit in an amount equal to the cost necessary to complete the said incomplete items; and WHEREAS, it is understood that the Town of Wappinger shall have the right to use said security toward the completion of any items certified in the aforementioned Zoning Administrator's Certification and the Engineer's Estimate (as determined in the sole judgment of the Zoning Administrator) upon the default of Adams-Wappinger, LLC to remedy the same after the first given written notice to Adams-Wappinger, LLC to do so within thirty (30) days of receipt of said notice from the Town of Wappinger; and WHEREAS, the Performance Bond executed by Adams-Wappinger, LLC further binds its heirs, executors, administrators, successors or assigns for the faithful performance of its obligations hereunder. 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. es that the Performance Bond executed by 2. The Town Board hereby determin Adams-Wappinger, LLC and secured by a Cash Deposit in the sum of Seventy - One Thousand Dollars ($71,000.00), securing the obligations to guarantee the completion of the incomplete items identified in the Zoning Administrator's report of October 26, 2011, is acceptable and sufficient to guarantee the completion of said work no later than July 28, 2012. 3. The Town Board hereby accepts the Performance Bond dated October 28, 2011, executed by Adams-Wappinger, LLC, secured by a Cash Deposit in the total sum of Seventy -One Thousand Dollars ($71,000.00), posted with the Town of Wappinger as security for the faithful performance of the completion of the obligations secured by and set forth in the Performance Bond and Resolutions of Approval and as identified in the Zoning Administrator's report dated October 26, 2011, with the understanding that said items will be completed no later than July 28, 2012, or, in the alternative, Adams-Wappinger, LLC obtains permission from the Town of Wappinger Planning Board that completion of the items is not necessary. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR WILLIAM H. BEALE, COUNCILMAN VINCENT F. BETTINA, COUNCILMAN ISMAY CZARNIECKI, COUNCILWOMAN JOSEPH P. PAOLONI, COUNCILMAN Dated: Wappingers Falls, New York 11/28/2011 Voting: AYE Voting: AYE Voting: AYE Voting: AYE Voting: ABSENT The Resolution is hereby duly declared adopted. RISTINE FU N, DEPUTY TOWN CLERK