2012-221
2012-221
Resolution Accepting Cash Security Agreement in Connection with Shamrock Hills 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 August 13,2012.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the
following were present:
PRESENT:
Supervisor
Councilmembers
Barbara Gutzler
William H. Beale (Arrived at 7:31PM)
Vincent F. Bettina (Arrived at 7:47 PM)
Ismay Czamiecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Beale and seconded by Councilman
Bettina.
WHEREAS, by Resolution dated August 22, 2011 the Town Board accepted the roads and other
public improvements associated with the Shamrock Hills Subdivision and associated improvements and
landscaping constructed in conjunction with the Storm Water Pollution Prevention (SWPP) Plan
approved by the Town of Wappinger Planning Board in connection with the approval of the subdivision;
and
WHEREAS, Toll Land VI Limited Partnership, as owner and developer of the Shamrock Hills
Subdivision, posted a Maintenance Agreement dated August 17, 2011, secured by a Surety Bond issued
by Hartford Fire Insurance Company, bearing number 39BVSBFUO in favor of the Town of Wappinger
in the sum of One Million, Three Hundred Four Thousand Dollars ($1,304,000.00), to guarantee the
quality and workmanship of the improvements made in connection with said subdivision, including
associated landscaping; and
WHEREAS, Toll Land VI Limited Partnership is required to guarantee the quality and
workmanship of the roads, sewer system, water system and drainage pipes for a period of one (1) years
from the date of acceptance; and
WHEREAS, Toll Land VI Limited Partnership is obligated to guarantee the maintenance of the
plantings in the drainage basins will be maintained in a vigorous growing condition consistent with the
New York State Storm Water Management Design Manual for a period of five (5) years from the date of
original acceptance of the work; and
WHEREAS, the original Maintenance Agreement posted by Toll Land VI Limited Partnership
expires August 17,2012; and
WHEREAS, the Highway Superintendent and the Engineer to the Town have determined that a
number of catch basins constructed by Toll Land VI Limited Partnership are in a state of disrepair and
need to be reconstructed; and
WHEREAS, Toll Land VI Limited Partnership has agreed to make repairs to the catch basins no
later than September 1,2012 and to post a cash security of Twenty Thousand Dollars ($20,000.00) until
June 1, 2013 to guarantee that the repairs to the catch basins will be free from defects, materials and
workmanship through June 1,2013; and
WHEREAS, Toll Land VI Limited Partnership has executed a Cash Security Agreement secured
by a cash deposit in the sum of Twenty Thousand Dollars ($20,000000) issued by Hartford Fire Insurance
Company in favor of the Town, to guarantee that associated landscaping will be maintained in good
operating and working condition and that any landscaping will be maintained in a vigorous growing
condition consistent with the New York State Storm Water Management Design Manual, dated October
2001, for a period of five (5) years after acceptance of the work, however, Toll Land VI Limited
Partnership reserves the right to apply to the Planning Board to reduce the five (5) year maintenance
period for the plantings.
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 accepts the Cash Security Agreement executed by Toll Land VI
Limited Partnership, secured by a deposit of Twenty Thousand Dollars ($20,000.00) in
the form as annexed hereto and made a part hereof, marked and designated as Exhibit
"1".
3. The Twenty Thousand Dollar ($20,000.00) cash deposit shall remain on file with the
Town of Wappinger through June 1,2013.
4. The acceptance of the Cash Security Agreement was made on the written assurance that
Daniel Zalinsky, Division Senior Vice President of Toll Land VI Limited Partnership,
will personally guarantee the obligations set forth in the Cash Security Agreement.
5. The Town Board hereby authorizes the release of the Surety Bond issued by Hartford
Fire Insurance Company, bearing number 39BSBFUO and issued in favor of the Town of
Wappinger in the sum of One Million Three Hundred Four Thousand Dollars
($1,304,000.00) upon receipt ofa cash deposit in the sum of Twenty Thousand Dollars
($20,000.00) securing the obligations set forth in the Cash Security Agreement
referenced herein.
6. The Town Board hereby authorizes the Town Clerk to release the Surety Bond in the sum
of One Million Three Hundred Four Thousand Dollars ($1,304,000.00) posted as security
for the Maintenance Agreement dated August 17, 2011, upon receipt of the Cash Security
Agreement and cash deposit in the sum of Twenty Thousand Dollars ($20,000.00)
securing the obligations set forth in the Cash Security Agreement.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMA Y CZARNIECKI, COUNCIL WOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
AYE
AYE
Dated: Wappingers Falls, New York
8/13/2012
The Resolution is hereby duly declared adopted.
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- CHRISTINE FULTON, TOWN CLERK