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Resolution Regarding Acceptance of Completion Guaranty for Specified Improvements for Tradition at Red Hook

↑Meetings/Resolutions/7-2022
One-time (complete)formal_resolutionone_timeThe Town Board accepts a completion guaranty agreement in the form of a cash deposit of $54,086.27 to secure completion of specified recreational improvements at Tradition at Red Hook as a condition of issuance of the 21st certificate of occupancy.
First seen
2022-02-23
Latest event
2022-02-23
adopted
Expires
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Resolution text

RESOLVED

  1. Acceptance of a completion guaranty in the form and amount approved by the Planning Board as aforesaid and for the purpose referred to herein is authorized upon the following conditions: a) Delivery to the Town Clerk of the original executed Completion Guaranty Agreement substantially the form on file with the Clerk with such changes as may be approved by the officer executing the same in consultation with the Attorney for the Town, together with a cash deposit as specified therein in the amount of $54,086.27 for completion of the Specified Improvements; and b) Receipt by the Town of payment for any and all outstanding consultant invoices included estimated costs, bringing the escrow account for development review costs fully up to date.
  2. The Supervisor, Town Clerk, Town Engineer, and Attorney for the Town may take all steps reasonable and necessary in consultation with the Attorney for the Town to implement the intent of this resolution.
Show preamble — 8 WHEREAS clauses
  • WHEREAS, the Town of Red Hook Planning Board adopted two Resolutions on April 1, 2019, entitled, respectively, "Resolution Granting Amended Site Plan Approval to Tradition of Red Hook (Formerly Hoffman TND)," (hereinafter referred to as "Amended Site Plan Approval Resolution") and "Resolution Granting Approval to the Amended Final Subdivision Plat for Tradition at Red Hook (Formerly Hoffman TND)," (hereinafter referred to as "Amended Subdivision Approval Resolution" and together with the Amended Site Plan Approval Resolution, the "2019 Approval Resolutions"), which Amended Subdivision Approval Resolution gave permission to file the Subdivision Plat in Sections, and required that the Section Plats be filed in numerical order; both of which 2019 Approval Resolutions were duly filed in the office of the Town Clerk on April 2, 2019; and
  • WHEREAS, pursuant to the 2019 Approval Resolutions, 25 Old Farm Road Development, LLC (the "Owner") has been granted conditional final approval by the Town of Red Hook Planning Board for a project as shown on a drawing set prepared by LRC Group, Project Engineers, entitled "Site Plan Submission Set for Tradition at Red Hook," last revised on May 7, 2019, and including an overall lot layout plan last revised May 7, 2019, and as provided in the proposed subdivision for the 102-lot residential community on drawings prepared by LRC Group, Project Engineers, entitled "Hoffman Property Final Subdivision Plat," last revised on August 15, 2018 ("Overall Subdivision Plat"), and the Tradition at Red Hook, Final Subdivision Plat, Section Plat #1, #2, #3, #4, and #5," filed in the office of the Dutchess County Clerk, respectively, as FM #9147C ("Section 1 Plat), FM #9147 D ("Section 2 Plat"); FM #9147E ("Section 3 Plat"); FM #9147F ("Section 4 Plat"); and FM # 4147G ("Section 5 Plat"); and
  • WHEREAS, the Resolution Granting Approval to the Amended Final Subdivision Plat for Tradition at Red Hook (formerly Hoffman TND) approved by the Planning Board on April 1, 2019 includes Exhibit A, Hoffman Recreational Features by Section, last revised March 22, 2019 ("Recreation by Section Exhibit") which includes certain recreational improvements to be completed prior to the issuance of the 21st certificate of occupancy; and
  • WHEREAS, pursuant to Section 143-120 of the Town Code, no certificate of occupancy shall be issued until all improvements shown on the approved site plan are installed and an as-built drawing submitted to the Zoning Enforcement Officer or a sufficient performance guaranty has been posted for improvements not yet completed; and
  • WHEREAS, such completion performance guaranty shall be posted in accordance with the procedures specified within § 277 of the Town Law relating to subdivisions, and the amount and sufficiency of such performance guaranty shall be determined by the Planning Board, and pursuant to Section 277 of the Town Law the form of security must be approved by the Town Board; and
  • WHEREAS, the Owner has submitted a proposal to guaranty completion with a Completion Guaranty Agreement substantially in the form on file with the Town Clerk including a cash deposit in the amount of $54,086.27 in order to guaranty completion of certain recreational improvements described in the Recreation by Section Exhibit under Section 2 thereof as conditions to issuance of the 21st certificate of occupancy for the Tradition at Red Hook Subdivision, and as shown on [Sheet DN-6 SP, Site Amenities Details of the Site Plan, last revised May 7, 2019] (the "Specified Improvements"); and
  • WHEREAS, the Town Engineer has provided its letter dated February 16, 2022, a copy of which is on file with the Town Clerk, stating that the improvements required to be completed prior to the issuance of the 21st certificate of occupancy have been completed except for the Specified Improvements, and the Town Engineer has agreed with an estimate in the total amount of $54,086.27 for the cost of completion of the Specified Improvements; and
  • WHEREAS, the Town of Red Hook Planning Board by resolution dated February 18, 2022 has authorized acceptance of a cash deposit in the amount of $54,086.27 securing the completion of the Specified Improvements, subject to approval of the form of guaranty by the Town Board

Lifecycle (1 event)

2022-02-23adoptedvote: unanimous
Accept a completion guaranty agreement with a cash deposit of $54,086.27 for specified recreational improvements at Tradition at Red Hook.
moved by McKeon · seconded by Kane
Show text snapshot for this event
Resolved
  1. Acceptance of a completion guaranty in the form and amount approved by the Planning Board as aforesaid and for the purpose referred to herein is authorized upon the following conditions: a) Delivery to the Town Clerk of the original executed Completion Guaranty Agreement substantially the form on file with the Clerk with such changes as may be approved by the officer executing the same in consultation with the Attorney for the Town, together with a cash deposit as specified therein in the amount of $54,086.27 for completion of the Specified Improvements; and b) Receipt by the Town of payment for any and all outstanding consultant invoices included estimated costs, bringing the escrow account for development review costs fully up to date.
  2. The Supervisor, Town Clerk, Town Engineer, and Attorney for the Town may take all steps reasonable and necessary in consultation with the Attorney for the Town to implement the intent of this resolution.
Whereas
  • WHEREAS, the Town of Red Hook Planning Board adopted two Resolutions on April 1, 2019, entitled, respectively, "Resolution Granting Amended Site Plan Approval to Tradition of Red Hook (Formerly Hoffman TND)," (hereinafter referred to as "Amended Site Plan Approval Resolution") and "Resolution Granting Approval to the Amended Final Subdivision Plat for Tradition at Red Hook (Formerly Hoffman TND)," (hereinafter referred to as "Amended Subdivision Approval Resolution" and together with the Amended Site Plan Approval Resolution, the "2019 Approval Resolutions"), which Amended Subdivision Approval Resolution gave permission to file the Subdivision Plat in Sections, and required that the Section Plats be filed in numerical order; both of which 2019 Approval Resolutions were duly filed in the office of the Town Clerk on April 2, 2019; and
  • WHEREAS, pursuant to the 2019 Approval Resolutions, 25 Old Farm Road Development, LLC (the "Owner") has been granted conditional final approval by the Town of Red Hook Planning Board for a project as shown on a drawing set prepared by LRC Group, Project Engineers, entitled "Site Plan Submission Set for Tradition at Red Hook," last revised on May 7, 2019, and including an overall lot layout plan last revised May 7, 2019, and as provided in the proposed subdivision for the 102-lot residential community on drawings prepared by LRC Group, Project Engineers, entitled "Hoffman Property Final Subdivision Plat," last revised on August 15, 2018 ("Overall Subdivision Plat"), and the Tradition at Red Hook, Final Subdivision Plat, Section Plat #1, #2, #3, #4, and #5," filed in the office of the Dutchess County Clerk, respectively, as FM #9147C ("Section 1 Plat), FM #9147 D ("Section 2 Plat"); FM #9147E ("Section 3 Plat"); FM #9147F ("Section 4 Plat"); and FM # 4147G ("Section 5 Plat"); and
  • WHEREAS, the Resolution Granting Approval to the Amended Final Subdivision Plat for Tradition at Red Hook (formerly Hoffman TND) approved by the Planning Board on April 1, 2019 includes Exhibit A, Hoffman Recreational Features by Section, last revised March 22, 2019 ("Recreation by Section Exhibit") which includes certain recreational improvements to be completed prior to the issuance of the 21st certificate of occupancy; and
  • WHEREAS, pursuant to Section 143-120 of the Town Code, no certificate of occupancy shall be issued until all improvements shown on the approved site plan are installed and an as-built drawing submitted to the Zoning Enforcement Officer or a sufficient performance guaranty has been posted for improvements not yet completed; and
  • WHEREAS, such completion performance guaranty shall be posted in accordance with the procedures specified within § 277 of the Town Law relating to subdivisions, and the amount and sufficiency of such performance guaranty shall be determined by the Planning Board, and pursuant to Section 277 of the Town Law the form of security must be approved by the Town Board; and
  • WHEREAS, the Owner has submitted a proposal to guaranty completion with a Completion Guaranty Agreement substantially in the form on file with the Town Clerk including a cash deposit in the amount of $54,086.27 in order to guaranty completion of certain recreational improvements described in the Recreation by Section Exhibit under Section 2 thereof as conditions to issuance of the 21st certificate of occupancy for the Tradition at Red Hook Subdivision, and as shown on [Sheet DN-6 SP, Site Amenities Details of the Site Plan, last revised May 7, 2019] (the "Specified Improvements"); and
  • WHEREAS, the Town Engineer has provided its letter dated February 16, 2022, a copy of which is on file with the Town Clerk, stating that the improvements required to be completed prior to the issuance of the 21st certificate of occupancy have been completed except for the Specified Improvements, and the Town Engineer has agreed with an estimate in the total amount of $54,086.27 for the cost of completion of the Specified Improvements; and
  • WHEREAS, the Town of Red Hook Planning Board by resolution dated February 18, 2022 has authorized acceptance of a cash deposit in the amount of $54,086.27 securing the completion of the Specified Improvements, subject to approval of the form of guaranty by the Town Board
Subject key: tradition_at_red_hook_completion_guaranty