2008-068Resolution Accepting a Performance Agreement Secured by Surety Bond for the Maloney
Heights 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 February
25th, 2008.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Maureen McCarthy
Joseph P. Paoloni
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilwoman McCarthy.
WHEREAS, the Town of Wappinger Planning Board received an application from
Attallah Nesheiwat and Joseph Nesheiwat, for a subdivision of lands more particularly described
in a Subdivision Plat entitled, "Maloney Heights", prepared by M. Gillespie and Associates,
Consulting Engineering, P.L.L.C., last dated December 4th, 2007; and
WHEREAS, the Town of Wappinger Planning Board granted Final Conditional
Subdivision Approval by Resolution dated April 2nd, 2007, subject to and conditioned upon
completion of the conditions set forth in the aforementioned Resolution, and 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, Zoning Code and Rules and Regulations of the Town, and further subject to the
requirements set forth in the letter of Paggi, Martin & Del Bene, LLP, the previous Engineer to
the Town, dated September 10th, 2007 together with the Schedule of Bond Values; and
WHEREAS, the previous Engineer to the Town, in the Memo of Paggi, Martin & Del
Bene, LLP, dated September 10th, 2007, determined the amount necessary to be posted to secure
the Performance Agreement guaranteeing the improvements required to be completed and
conditions to be implemented in connection with the Resolution of Final Subdivision Plat
Approval to be $384,000.00; and
WHEREAS, Town Law §277 requires a developer of a proposed subdivision to
guarantee the construction, installation, and dedication of the improvements required by the
Resolution of Subdivision Approval, prior to issuance of any building permits; and
WHEREAS, Attallah Nesheiwat and Joseph Nesheiwat has tendered to the Town of
Wappinger a Performance Agreement duly executed by Attallah Nesheiwat and Joseph
Nehseiwat secured by a Surety Bond issued by INSCO INSURANCE SERVICES, INC., bearing
number 7751805 and issued in favor of the Town of Wappinger in the sum of $384,000.00
securing the obligations set forth in the Performance Agreement; and
WHEREAS, Albert P. Roberts, attorney to the Town, has reviewed, examined and
�6w approved the aforementioned Performance Agreement and Surety Bond.
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 executed on February 6th, 2008 by Attallah
Nesheiwat and Joseph Nesheiwat, with an address of 852 Freedom Plains Road, Poughkeepsie,
New York 12603, as Obligors, in favor of the Town of Wappinger, is hereby accepted as the
guaranty of the completion of the instruction, installation, implementation and dedication of the
improvements required by the Resolution of Subdivision Plat Approval dated April 2" d, 2007,
and pursuant to Town Law §277.
3. The Surety Bond issued by INSCO INSURANCE SERVICES, INC. bearing
number 775180S and issued in favor of the Town of Wappinger, dated November 19th, 2007, in
the sum of $384,000.00, securing the obligations set forth in the Resolution of Subdivision Plat
Approval dated April 2nd, 2007, is hereby accepted as security for the Performance Agreement.
4. The original Performance Agreement executed on February 6th, 2008, and the
original Surety Bond dated November 196, 2007 is directed to be placed on file with the Town
Clerk.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
2/25/2008
The Resolution is hereby duly declared adopted.
OHN C. M TERSON, TOWN CLERK