Loading...
2013-1902013-190 Resolution Accepting a Performance Agreement Secured by Surety Bond and Acceptance of Certain Properties Tendered in Connection with the Hilltop Village Project 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 26, 2013. 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 • Vincent F. Bettina Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilwoman Czarniecki and seconded by Councilman Kuzmicz. WHEREAS, the Town of Wappinger Planning Board received an application from Toll Brothers, Inc. (the "Applicant") on behalf of Contrail LLC (the "Owner") for Site Development Plan and Wetlands Permit Approval for construction of a 225-unit (132 detached and 93 attached units) age-restricted residential development known as "Hilltop Village at Wappinger" (the "Project"); and WHEREAS, the Project includes a club house, recreational amenities, preservation of natural areas as permanent open space, recreational amenities, reconstruction of an existing private road (identified as Road A) to be dedicated to the Town, dedication of 1.43 acres of land for future use by the Town, dedication of 51.7-acre parcel adjacent to the existing Town Recreation Center on Robinson Lane for recreational use, construction of off- site Town water system upgrade identified as "Water Main Extension Loop from Meadowood Wells -All Angels Hill Road," a water and sewer buy-in fee of $243,000 as well as recreation fees in the amount of $1.25 million to be paid to the Town (included in the "Proposed Action"); and WHEREAS, the Town of Wappinger Planning Board granted Site Development Plan and Wetlands Permit Approval by Resolution dated March 18, 2013; and WHEREAS, in connection with the aforementioned project, the Town of Wappinger Planning Board also granted Preliminary and Final Subdivision Plat Approvals by Resolution dated 18th March, 2013, as shown on subdivision plans generally entitled "Hilltop Village at Wappinger, Town of Wappinger, Dutchess County, New York" prepared by Povall Engineering, PLLC, which plans were last revised on February 15, 2013; and WHEREAS, the Planning Board Resolution of Site Development Plan Approval allowed for implementation of the Project in sections subject to certain improvements being made and constructed as set forth on the aforementioned Site Development Plan and Wetlands Permit Approval and related contract drawings, and in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, Municipal Stormwater Management Law, and Rules and Regulations of the Town of Wappinger all as set forth in the plans and specifications recited in the aforementioned Resolution of Site Development Plan and Wetlands Permit Approval and Preliminary and Final Subdivision Plat Approvals; and WHEREAS, the Engineer to the Town, Robert J. Gray, has determined the amount necessary to complete the improvements for the project to be the sum of Two Million Three Hundred Twelve Thousand Two Hundred Seventy-Two and 00/100 Dollars ($2,312,272.00); WHEREAS, the developer is required to guarantee the construction, installation and dedication of the various improvements required by the aforementioned Resolutions of Approval; and WHEREAS, Toll Brothers, Inc. intends to convey its interest in the aforementioned project to Toll Land V Limited Partnership, a limited partnership owned by wholly owned subsidiaries of Toll Brothers, Inc.; and WHEREAS, Toll Land V Limited Partnership, the successor in interest to Toll Brothers, Inc., has tendered to the Town of Wappinger a Performance Agreement secured by a Surety Bond issued by Hartford Fire Insurance Company in the principal sum of Two Million Three Hundred Twelve Thousand Two Hundred Seventy-Two and 00/100 Dollars ($2,312,272.00), and bearing Bond No. 39BSBGG1368 in favor of the Town of Wappinger as the security to guarantee the construction and installation of the various improvements required by the Resolutions of Approval; and WHEREAS, Albert P. Roberts, Attorney to the Town, has reviewed, examined and approved the aforementioned Performance Agreement secured by Surety Bond; and WHEREAS, the Applicant has agreed to tender certain properties to the Town simultaneously with the filing of the subdivision plat as hereinafter set forth. 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 Performance Agreement secured by Surety Bond executed on August 15, 2013 by Toll Land V Limited Partnership with an address at, 60 Merritt Boulevard, Fishkill, New York 12524, as Obligor, and secured by a Surety Bond issued by Hartford Fire Insurance Company in the principal amount of Two Million Three Hundred Twelve Thousand Two Hundred Seventy-Two and 00/100 Dollars ($2,312,272.00) in favor of the Town of Wappinger, as Obligee, is hereby accepted as the guaranty for the completion of the construction, installation, implementation and dedication of the improvements required by the Resolution of Subdivision Plat Approval and the Resolution of Site Development Plan and Wetlands Permit Approvals adopted by the Planning Board on the 18th March, 2013. 3. The Surety Bond issued by Hartford Fire Insurance Company bearing Bond No. 39BSBGG1368 initiated in favor of the Town of Wappinger as Obligee in the sum of Two Million Three Hundred Twelve Thousand Two Hundred Seventy- Two and 00/100 Dollars ($2,312,272.00) is hereby accepted as security for the faithful performance of the duties set forth in the above referenced Performance Agreement. 4. The original Performance Agreement secured by the aforementioned Surety Bond is hereby directed to be placed on file with the Town Clerk of the Town of Wappinger. 5. In accordance with the Resolutions of Approval, the Applicant and Contrail LLC have tendered to the Town of Wappinger and the Town of Wappinger hereby accepts the following: a. Parcel No. 6 identified on the above referenced subdivision map and located at the terminus of Sylvia Drive; b. A parcel of land containing approximately 51.7 acres plus/minus located on Robinson Lane and adjacent to the existing Town of Wappinger Recreation Park. 6. The Town Supervisor, Barbara A. Gutzler, and the Attorney to the Town, Albert P. Roberts, are authorized to execute any and all documents necessary to record the deeds to the aforementioned parcels simultaneously with the filing of the above referenced subdivision plat. 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 MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 8/26/2013 The Resolution is hereby duly declared adopted. J ICA FULTON, DEPUTY TO CLERK .~~ STENGER ROBERTS j DAVIS & DIAMOND ~~P 1136 Route 9 Wappingers Falls, New York 12590 (845)298-2000 FAX (845) 298-2842 www.srddlaw.com e-mail: info~srddlaw.com Kenneth M. Stenger August 20, 2013 Albert P. Roberts Thomas R. Davis Town Boazd Town of Wappinger Stephen E. Diamond" 20 Middlebush Road Joan F. Garrett"* Wappingers Falls, New York Attention: Hon. Barbara A. Gutzler, Supervisor Kevin T. McDermott Re: Hilltop Village at Wappinger Angel I. Falcon Performance Agreement Secured by Surety Bond James P. Horan"' SRDD File No. 12949.0574 Lisa M. Cobb Dear Bazbaza: M. Ellen O'Sullivan I have reviewed the Performance Agreement executed by Toll Land V Marina V. O'Neill Limited Partnership secured by a Surety Bond issued by Hartford Fire Melissa A. Manna-Williams Insurance Company, Bond No. 39BSBGG1368, photocopies of which is affixed hereto. The Performance Agreement is dated August 20, 2013 and the Subdivision Bond is dated August 15, 2013. Both the Performance OF COUNSEL Agreement and the Bond are approved and acceptable as to form. Please Scott L. Volkman note a Subdivision Bond is a form of Surety Bond. Karen MacNish I have previously approved the format of the deeds to Pazce16 (cul-de-sac) at Sylvia Drive and the Robinson Lane Pazcel. PARALEGALS Sandra Oakley Pazce16 and Robinson Lane Parcel should be recorded simultaneously Dawn M. Paino with the filing of the Subdivision Plat which is expected to occur at some time next week. The intention is to have a formal closing with Hilltop at CLOSING COORDINATOR which time all required payments, including water and sewer buy-in fees Maria L. Jones and recreation fees will be paid to the Town. The Resolution placed on the agenda for August 26~' authorizes ALSO ADMIRED IN FL 8 MA -AISOADMIRED IN ~ acceptance of the Performance Agreement secured by the Hartford Fire "'ALSO ADMITTED IN NJ Insurance Subdivision Bond Ill the sum of $2,312,272.00 and the Page 2 acceptance of the Robinson Lane Recreation Parcel offered by Contrail, LLC (Buyakowski) and Pazce16 which contains land presently used by the Town as a cul-de- sac at the end of Sylvia Drive. Very truly yours, STENGER, ROBE TS OND, LLP ~J ALBERT P. ROB TS APR/so Enclosures cc: Hon. Jessica Fulton, Deputy Town Clerk Planning Board Bazbaza Roberti, Zoning Administrator Hon. Graham Foster, Highway Superintendent Robert'J. Gray, P.E. David Stolman, AICP Patrick-02Sul1ivan-Esq. Robert J. Lackaye, Esq. FROM TNF DESK OF Jeff W. Schiller, P.E. 60 Merritt Boulevard Suite 100 Fishkiil, NY 12524 (845) 897-8940 (845} 897-$998 FAX LETTER OF TRANSMITTAL: Date: 08/19/2013 Job No. 2870 Attention: Mr. Peter Hobday, P.E. To: Town of Wappinger Re: Regency at Wappinger Bond #39BSBGG1368 WE ARE 5ENDING YOU: ®Attached ^Shop Drawings ^Samples ^Under separate cover via UPS the following items: ^Prints ^Plans ^Specifications ^Copy of Letter ^Change order ®Other Co ies Date No. Descri lion 1 08/15/2013 39BSBGG1368 $2,312,272 Subdivision Bond THESE ARE TRANSMITTED as checked below: ^For approval ^Approved as submitted ®For your use ^Approved as noted ^As requested ^Returned for corrections ^For review and comment ^For Bids Due ^Resubmit copies for approval ^Submit copies for distribution ^Return corrected prints ^Prints Returned After Loan To Us REMARKS If you have any questions, please do not hesitate in contacting me at the number listed above. COPY TO File BOND NO. 39BSBGG1368 SUBDIVISION BOND KNOW ALL MEN BY THESE PRESENTS: that we, TOLL LAND V LIMITED PARTNERSHIP, A LIlVIITED PARTNERSHIP OWNED BY WHOLLY-OWNED SUBSIDIARIES OF TOLL BROTHERS, INC., as Principal, and HARTFORD FIRE INSURANCE COMPANY, as Surety, are jointly and severally held and firmly bound unto the Town of Wappinger, as Obligee, in the sum of TWO MILLION THREE HUNDRED TWELVE THOUSAND TWO HUNDRED SEVENTY TWO AND AO/100 Dollars ($2,312,272.00), lawful money of the United States of America for the payment of which we jointly and severally bind ourselves, our heirs, administrators, executors, successors and assigns, firmly by these presents. Whereas, the above bounden Principal has ENTERED INTO A PERFORMANCE AGREEMENT WTTH THE TOWN OF WAPPINGER FOR THE CONSTRUCTION OF THE IMPROVEMENTS SHOWN ON THE "HILLTOP VILLAGE AT WAPPINGER" SUBDPJLSION PLAT AND OFF-SITE WATER LINE IMPROVEMENTS. NOW, THEREFORE, the condition of the above obligation is such that if the above bounden Principal shall well, fully and faithfully construct, install and complete said improvements then the above obligation shall be null and void; otherwise to remain in full force and effect, and the Surety upon receipt of a resolution of the Obligee indicating that the improvements have not been installed or completed, will complete the improvements or pay to the Obligee such amount up to the Principal amount of this bond which will allow the Obligee to complete the improvements. Upon approval by the Obligee, this instrument may be proportionately reduced as the public improvements are completed. Seated with our seals and dated this 15 TH day of AUGUST, 2013. ATTEST: Lisa 6 ~~~ ~r cA,4d~„~1. WI S: Arlene Ostroff -Witness TOLL LAND V LIMITED PARTNERSHIP BY: TOLL PEPPERTREE, INC., GENERAL PARTNER BY: -1+~5 c,r. r vP HARTFORD FIRE INSURANCE COMPANY BY: !~ o W. Kolok, Jr., Attorney-in-Fact Direct lnqurries/Claims to: .P~ WER ~F ATT~.~:NEY T4 e H ~~ a ~~RD Hartford, Connecticut D6155 call: 888-266-3488 or fax.• 850-757-5835 KNOW ALL PERSONS BY THi=SE PiRESENTS THAT: Agency Code: 39-320116 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Conaec6cut Hartford Underwrtters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana u Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of lllinois Hartford Insurance Company of the Midwest, a corporation duly organized underthe laws ofthe State of Indiana ~~ Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as fhe "Companies") do hereby make, constitute and appoint, up to the amount of unlimifed: 1~!liam F. Simkiss, Daniel P. Dunigan, Richarcl J. Decker, Brian C. Block, Joseph W. Kolok Jr., James L. Hahn of Paoli, PA ' their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and a!I bonds, undertakings, contracts and other wrrften instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the {delity of.persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as au#horized by a Resolution of the Board of I)irectars of the Companies on August '!, 2009 the Companies have caused these presents to be signed by its Uce President and its corporate seals to be hereto effaced, duty attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. o`-~~ ~:,wn.re..u ~ Leer ° _yr ~=/~°°°'%4`i^~ m 4y~+F ~, ;~'~ : \ air tnti f q~~y+~ t.,:~`L10 7 4{~ .'`€ ~ ~ ja 74 ~ ~8 7979 it +,~~~ jrR ~. I•~~ r '1uNis' 4 N' ~:- Wesley W. Cowling, Assistant Secretary M. Ross Fisher, vice President STATE OF CONI+fECT1CUT ~, Hartford COUNTY OF HARTFORD On this 12"' day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said ins#rument are such corpora#e seals; that they were'so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by Pike authority. . ~: !4ur.~. ~ ; Kathleen. T. Ma ' Notary Public 'CERTIFICATE' My Commission ExpQes 7uly 31, 2016 !, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that t AUGUST 15d 20~oing is a true and correct copy of the Power of Attorney executed by said Companies, which is sfill in full force effective as of Signed and sealed at the City of Hartford. ~'n' ~'i tf s ~y'r t t~ y r ~ !'s.4 !.' ~v." q ~~ 9 `Wn"rr.,4 ~ LYE f ~ ~,~~,sc"-"R't-~t a' a +r~. i 1167 •~ C g S~ • / a ! il~r •$,='i = ! ~~ Ar-tY~ ~i - 3.~ '+anr Mry+~ • ~~NAw- ~>~.~aw/ ~ 7 ~ ~ r`~.~.~'~ ~ 7974 -..~~ r` f l t Gary W. Stamper, ice President Hartford, Connecticut Financial Statement, December 31, 2012 ._ (Statutory Basis) ASSETS U.S. Government Bonds ................... $ 468,076,524 Bonds of C?ther Governments ............. 225,576,451 State, County Municipal Mlscelianeous Bonds ............ 12,051,050,206 Stocks ............................... 5,407,687,599 Short Term tnvestments ................... 565,906,440 $ 18,718,297,220 Real Es#ate ................................... $ 201,114,123 Cash ........................................... 89,214,243 Agents' Balances {Under 90 Day) ..,.., 2,837,315,710 Other Invested Assets ..................... 539,241,941 Miscellaneous ............................... 2,235,154,560 Total Admitted Assets ................... $ 24,620,337,797 STATE OF CONNECTICUT COUNTY OF HAf2TFORD SS. CITY OF HARTFORD LIAB[L(TIES Reserve for Claims and Claim F~cpense .......................... Reserve for Unearned Premiums ................ Reserve for Taxes, license and Fees ....................................... Miscellaneous Liabilities .......................... Total Liabilities ..................................... 7,358,097,206 1,948,066,149 66,134,885 2,295,501,984 $ ##,807,800,224 Capital Paid In $ 54,740,000 Surplus ................ 12,957,797,573 Surplus as regards Policyholders.....,..... $ 13,012,537,573 Total Liabilities, Capital and Surplus .................................... $ 24,620,337,797 M. Ross Fisher, Vice President ,and Wesley W. Cowling, Assistant Secretary of the Hartford Fire Insurance Company, being duly sworn, each deposes and say that the foregoing is a true and correct statement of the said company's finanaal condition as of December 31, 2012, Subscribed and sworn to before me this 19th day of April, 2013. Kathleen T. tVlaynard Notary Public My Commission Facpires July 31, 2018 .... M. Ross Fisher, Vice President ~~ ~- Wesley W. Cowling, Assistant Secretary Form CS-19-37 HF printed in U.S.A. To: Dan Zalinsky from: Lisa Gunther CC: Jeff Schiller Date: 08/19/13 Re: Subdivision Bond -Regency a# Fiilltap Please sign the attached Subdivision Bond, where indicated with the post it flag, and return it to rrty attention for processing. Thank you! UPS Internet Shipping: Shipment Receipt Shipment Receipt Page 1 of 1 fransac>cionua>:e; ~IaHU zu~ls IracKin Numaer: 1LU23F1FU394768817 Address Information Ship To: Ship From: Return Address: Town of Wappinger Tdi Brothers, Inc. TGI Brothers, tnc. Mr. Peter Hobday Lisa Gunther Lisa Gunther 20 Middlebush Road 60 Merritt Boulevard 60 Merrill Boulevard ...... .. .. .. .... WAPPtNGERS FALLS NY 125904004 Suite 100 suite 100 Telephone:845-297-6256 Land Development Lend Development Fishklli NY 12524 FISHKILL NY 12524 Talephone:845-897-8900 Telaphona:845-697-8900 x8950 x8950 Package Ynfotmatton Weight Dimensions,' Packaging Declared Value Reference Numbers 1. 1.0 Ibs Other Packaging Reference#1 - 21400 Reference#2 -Regency at Wappinger - Jeff S. UPS Shipp4ng Service and Shipping Options Service: UPS Ground Serviee Guaranteed By: End. of Day Tuesday, Aug 20, 2013 Shipping Fees Subtotal: 6.2b USD Traneportatfon 5.84 USD Fuel Surcharge 0.41 USD ~~ Payment Information Bill Shipping Charges ip: Shipper's Account 023F1 F Daily rates were applied to this shipment Total Charged: fi.25 USD Note: Your Invoice may vary from the displayed reference rates. For delivery and guarantee Information, see the UPS Service Guide. To speak to a customer service representative, call 1-80D-PICK-UPS for domestic services and 1-800-782-7892 for international services. Responslbtlity for Loss or Damage UPS's liability for loss or damage to each domestic package or International shipment is limited to $100. Unless a greater value is recorded in the declared value fiekd of the UPS shipping system used, the shipper agrees that the released value of each package covered by this receipt is no greater than $100, which Es a reasonable value under the circumstances surrounding the transportation. To increase UPS's limit of liability for loss or damage above $100, the shipper must deGare a higher value and pay an addifwnal Gtarge. See the UPS TarifflTemis and Conditions of Service at www.ups.com for UPS's liability limits, maximum declared values, and other terms of service. UPS does not accept for transportation and shippers are prohibhed from shipping packages with a value of mare than $50,000. Claims not made within nine months after delivery of the package (sixty days for international shipments), or in the case of failure to make delivery, nine months after a reasonable time for delivery has elapsed (s"ucty days for international shipments), shall be deemed waived. The entry of a C.O.D. amount is not a declaration of value for carriage purposes. All checks or other negotiable instnrments tendered in payment of C.O.D. will be accepted by UPS at shipper's risk. UPS shall not be liable for any special, incidental, or oalsequentlal damages. All shipments are subject to the terms and conditions contained in the UPS TarifflTerms and Conditions of Service (available at www.ups.com). hops://www.ups.com/uis/create?ActionOriginPair=default PrintWindowPage&key=rec... 8/19/2013 ~.^~ FROM THE DESK ~F James Fitzpatrick, P.E. ~~~~".~~~~ .~,~,~ 60 Merritt Boulevard t c~ T M ~~~~` Suite 100 `~~" "` "~ "~ -~ ~ ~ Fishkill, NY 12524 (845) 897-8900 {845) 897-8998 FAX LETTER OF TRA1VSMlTTAL: Date: 08/20/13 Job No. 2870 " Attention: Ms. Barbara Roberti To: Town of Wappinger Re: Regency at Wappinger -Performance Agreement WE ARE SENDING YOU: ®Attached ^Under separate cover via UPS the following items: ^Shop Drawings ^Prints ^Plans ^Specifications ^Samples ^Copy of Letter ^Change order ®Other Co ies Date No. Descri tion 1 8/20/13 Peformance Agreement Secured by a Surety Bond - #39BSBGGl368 THESE ARE TRANSMITTED as checked below: ^For approval ^Approved as submitted ®For your use ^Approved as noted ^As requested ^Returned for corrections ^For review and comment ^For Bids Due ^Resubmit copies far approval ^Submit copies for distribution []Return corrected prints ^Prints Returned After Loan To Us REMARKS If you have any questions, please do not hesitate in contacting me at the nunriber listed above. COPY TO File WHEREAS, the undersigned, TOLL LAND V, LIMITED PARTNERSHIP, a New York limited partnership, a limited partnership awned by wholly-owned subsidiaries of TOLL BROTHERS, Inc., with an address of 60 Merritt Blvd., Suite 100, Fishkill, New York 12524 is about to purchase a subdivision known as "Hilltop Village at Wappinger" prepared Povall Engineering, PLLC and survey by Robert V. Oswald Jr Land Surveying PLLC, dated May 28, 2013 and last revised on July 18, 2013 which plat is about to filed in the Dutchess County Clerk's Office; and WHEREAS, the Planning Board has granted final conditional subdivision approval to Toll Brothers, Inc. as Applicant, and Contrail, LLC as owner pursuant to Resolution dated March 18, 2013, subject to certain public improvements being made and constructed within said subdivision and subject to completion of the requirements set forth in the Town Subdivision Regulations, Highway Specifications and Zoning Law, and depicted in a set of construction plans specifically identified in the Resolutions of Subdivision Approval and Site Plan Approval both dated March 18, 2013; and WHEREAS, Contrail, LLC intends to convey its rights and interest in said subdivision to TOLL LAND V, LIMITED PARTNERSHIl'; and WHEREAS, Article 16 of the Town Law and the Town of Wappinger Code requires that the developer guarantee the construction, installation and dedication of the required public improvements and obligation prior to issuance of any building permits. NOW, THEREFORE, TOLL LAND V, Limited Partnership, hereby agrees to undertake the following: 1. To make, construct, complete the improvements, and agree to perform all of the obligations set forth in the Town of Wappinger Subdivision Regulations, Highway Specifications and Zoning Law, including road maintenance and snow removal in accordance with the standards maintained by the Town of Wappinger Highway Department and at the direction of the Town of Wappinger Highway Superintendent, in accordance with the Resolution of Conditional Subdivision Approval dated March 1 S, 2013 within two (2) years from the date hereof. 2. Upon construction and completion of the required improvements and obligations set forth above, and upon request of the Town, the undersigned will dedicate the Road and other improvements noted on the subdivision plat to the Town, free and clear of any liens or obligations as set forth in the Loca] Laws, Ordinances, Rules and Regulations of the Town of Wappinger, 3. As security for this obligation, including sums sufficient to pay for attorneys' or consultants' fees in the event the undersigned defaults hereunder, the undersigned will hereby deliver to the Town of Wappinger the following security for the faithful performance of the obligations the undersigned has undertaken herein: a surety bond issued by HARTFORD FIRE INSURANCE COMPANY, bearing number 39BSBGG1368 and issued in favor of the Town of Wappinger in the sum of TWO" MII:LION THREE HUNDRED TWELVE THOUSAND TWO HUNDRED SEVENTY TWO AND 00/100 DOLLARS ($2,312,272.00) securing the obligation set forth in this Performance Agreement. 4. The undersigned, TOLL LAND V, further binds its successors, its heirs, executors, administrators, successors or assigns as the case may be, far the faithful performance of the obligations set forth herein. 5. The undersigned further acknowledges that if any default remains in the perfonmance of the obligations created hereunder, the lots within the subdivision will no longer be eligible for building permits until such defaults are cured. IN WITNESS WHEREOF, the undersigned executed this Agreement on this 2Qu' day of .august, 2013. Toll Land V Limited Partnership By: Toll Peppertree, Inc., its general partner By; ~J es Fit a ' ice President 2 STATE OF NEW YORK ) } SS. COUNTY OF DUTCHESS) On the ~~ day of ~ in the year 2013 before me personally appeared James Fitzpatrick, Vice President (TOLL LAND V LIMITED PARTNERSHIP}, personally known to me or proved to me on the basis of satisfactory ' ~~ evidence to be the individual whose Heine is subscribed to the within instrument and acknowledged tome 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. l.~~ ,'~ Notary Public ~.. LISA A. CLEAFtY Notary t~ublic, State of New Yotls; No.09CL5062385 Qualified in Dutchess County Commission Expires 07 28-2091 3