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RESOLUTION REGARDING PRESERVE AT LAKES KILL SUBDIVISION PLAT GUARANTEE

↑Meetings/Resolutions/92-2025
One-time (complete)formal_resolutionone_timeCertify that Preserve at Lakes Kill, LLC failed to complete required public improvements and authorize the Supervisor to draw on the letter of credit to secure completion.
First seen
2025-11-19
Latest event
2025-11-19
adopted
Expires
—

Resolution text

RESOLVED

  1. The Town Board hereby certifies that The Preserve at Lakes Kill, LLC has failed to satisfactorily complete, within the time specified for such completion, the required public improvements for the subdivision map of The Preserve at Lakes Kill, Red Hook, New York (Parcel Nos. 6372-00-718975, 6372-00-754955, and 6373-00-790095 on the Dutchess County Tax Map), which was granted conditional final subdivision approval by the Town of Red Hook Planning Board by resolution dated December 7, 2015, and thereafter extended, as such public improvements are set forth in the approved subdivision plans dated February 11, 2011 and last revised September 10, 2020 for such subdivision map, in the aforesaid Planning Board resolution, and in the resolution of the Town Board of the Town of Red Hook dated May 20, 2021, and in any road opening permit(s) issued for such improvements
  2. The Supervisor or any other officer of the Town is authorized and directed to submit a draw on the Letter of Credit prior to its expiration in order to secure completion of the Required Improvements as required by the PB Approving Resolution, the TB Resolution, the Filed Plat, and the Town Code
  3. The Supervisor, Town Clerk, Town Engineer, and officers of the Town, shall take all steps reasonable and necessary in consultation with the Attorney for the Town to implement the intent of this resolution
Show preamble — 6 WHEREAS clauses
  • WHEREAS, pursuant to the Town of Red Hook Planning Board resolution adopted December 7, 2015, as extended as of April 5, 2021 ("PB Approving Resolution"), granting final subdivision approval subject to conditions, for an 11 residential lot community development project known as the Preserve at Lakes Kill (the "Project"), and the Resolution No. 34 of the Town of Red Hook dated May 20, 2021 ("TB Resolution"), the Preserve at Lakes Kill, LLC, as fee owner of the Project property, entered into a Development Agreement for Subdivision Improvements for the Preserve at Lakes Kill Subdivision dated as of September 21, 2021 ("Development Agreement") with the Town of Red Hook and provided for the deposit of a letter of credit No. 170000699 issued by DIME Bank for the account of the Town in the amount of $603,445 ("Letter of Credit") to secure completion of the Required Improvements as set forth in the TB Resolution, and the approved subdivision plat was thereupon filed August 23, 2022 as FM No. 9482A (the "Filed Plat")
  • WHEREAS, by letter dated October 20, 2025, the attorney for Preserve at Lakes Kill, LLC has requested that the Town return the Letter of Credit
  • WHEREAS, the TB Resolution recited that the Developer submitted a letter of the Town Engineer dated December 17, 2020 regarding the adequacy of estimates of the cost of construction prepared by the Developer's engineer, providing for a performance bond estimate of $267,676 for the improvements to Feller Newmark Road and a performance bond estimate of $335,769 for the construction of Lakes Kill Run, in each case including related improvements required by the Planning Board Approvals and specified in the Filed Plat and as required by the Town of Red Hook Town Code, Town of Red Hook Highway Specifications, and any other requirements of permits issued for construction of said improvements (collectively, the "Required Improvements"), and that construction of the Required Improvements is further subject to the requirements described in §§ 120-14 and 120-15 of the Town Code, including without limitation insurance, performance guarantees, indemnity, maintenance bonds, and inspection escrow
  • WHEREAS, pursuant to Section 120-15 of the Town Code, if the subdivider elects to provide a performance guaranty for all required improvements as specified in the Town Code rather than completing such improvements, such bond or equivalent security shall not be released until the required as-built drawing is submitted and deemed satisfactory by the Planning Board
  • WHEREAS, based on the report of the Town Engineer regarding the completed portion of the Required Improvements for the Project, the access road Lakes Kill Run has not been completed in accordance with the requirements of the Filed Plat
  • WHEREAS, the community septic system required by the Filed Plat to be completed and conveyed to Dutchess County Water and Wastewater Authority also remains incomplete

Lifecycle (1 event)

2025-11-19adoptedvote: 3-0
Certify that Preserve at Lakes Kill, LLC has failed to complete required public improvements and authorize the Supervisor to draw on the letter of credit.
moved by Kane · seconded by Testa
Show text snapshot for this event
Resolved
  1. The Town Board hereby certifies that The Preserve at Lakes Kill, LLC has failed to satisfactorily complete, within the time specified for such completion, the required public improvements for the subdivision map of The Preserve at Lakes Kill, Red Hook, New York (Parcel Nos. 6372-00-718975, 6372-00-754955, and 6373-00-790095 on the Dutchess County Tax Map), which was granted conditional final subdivision approval by the Town of Red Hook Planning Board by resolution dated December 7, 2015, and thereafter extended, as such public improvements are set forth in the approved subdivision plans dated February 11, 2011 and last revised September 10, 2020 for such subdivision map, in the aforesaid Planning Board resolution, and in the resolution of the Town Board of the Town of Red Hook dated May 20, 2021, and in any road opening permit(s) issued for such improvements
  2. The Supervisor or any other officer of the Town is authorized and directed to submit a draw on the Letter of Credit prior to its expiration in order to secure completion of the Required Improvements as required by the PB Approving Resolution, the TB Resolution, the Filed Plat, and the Town Code
  3. The Supervisor, Town Clerk, Town Engineer, and officers of the Town, shall take all steps reasonable and necessary in consultation with the Attorney for the Town to implement the intent of this resolution
Whereas
  • WHEREAS, pursuant to the Town of Red Hook Planning Board resolution adopted December 7, 2015, as extended as of April 5, 2021 ("PB Approving Resolution"), granting final subdivision approval subject to conditions, for an 11 residential lot community development project known as the Preserve at Lakes Kill (the "Project"), and the Resolution No. 34 of the Town of Red Hook dated May 20, 2021 ("TB Resolution"), the Preserve at Lakes Kill, LLC, as fee owner of the Project property, entered into a Development Agreement for Subdivision Improvements for the Preserve at Lakes Kill Subdivision dated as of September 21, 2021 ("Development Agreement") with the Town of Red Hook and provided for the deposit of a letter of credit No. 170000699 issued by DIME Bank for the account of the Town in the amount of $603,445 ("Letter of Credit") to secure completion of the Required Improvements as set forth in the TB Resolution, and the approved subdivision plat was thereupon filed August 23, 2022 as FM No. 9482A (the "Filed Plat")
  • WHEREAS, by letter dated October 20, 2025, the attorney for Preserve at Lakes Kill, LLC has requested that the Town return the Letter of Credit
  • WHEREAS, the TB Resolution recited that the Developer submitted a letter of the Town Engineer dated December 17, 2020 regarding the adequacy of estimates of the cost of construction prepared by the Developer's engineer, providing for a performance bond estimate of $267,676 for the improvements to Feller Newmark Road and a performance bond estimate of $335,769 for the construction of Lakes Kill Run, in each case including related improvements required by the Planning Board Approvals and specified in the Filed Plat and as required by the Town of Red Hook Town Code, Town of Red Hook Highway Specifications, and any other requirements of permits issued for construction of said improvements (collectively, the "Required Improvements"), and that construction of the Required Improvements is further subject to the requirements described in §§ 120-14 and 120-15 of the Town Code, including without limitation insurance, performance guarantees, indemnity, maintenance bonds, and inspection escrow
  • WHEREAS, pursuant to Section 120-15 of the Town Code, if the subdivider elects to provide a performance guaranty for all required improvements as specified in the Town Code rather than completing such improvements, such bond or equivalent security shall not be released until the required as-built drawing is submitted and deemed satisfactory by the Planning Board
  • WHEREAS, based on the report of the Town Engineer regarding the completed portion of the Required Improvements for the Project, the access road Lakes Kill Run has not been completed in accordance with the requirements of the Filed Plat
  • WHEREAS, the community septic system required by the Filed Plat to be completed and conveyed to Dutchess County Water and Wastewater Authority also remains incomplete

Supersedes

34-2021
Subject key: preserve_at_lakes_kill_subdivision