3.10 3.10
ROAD DEDICATIONS\Dean Thomas Way—Village Upper Sherman-Cerrone—Cash Escrow and Agreement-6-17-2024
RESOLUTION ACCEPTING DEDICATION OF DEAN THOMAS WAY
IN THE VILLAGE AT UPPER SHERMAN SUBDIVISION
FROM CERRONE LAND HOLDINGS, LLC
RESOLUTION NO. ,2024
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, Cerrone Land Holdings, LLC (Developer) has offered to dedicate to the Town
of Queensbury Dean Thomas Way as well as the water distribution system that will serve the Village
at Upper Sherman Subdivision ; and
WHEREAS, the area of dedication is more particularly described in a "Map of a Survey of
Dean Thomas Way, to be conveyed to: The Town of Queensbury," dated January 17, 2024, last
revised February 27, 2024,"and
WHEREAS,the Town Highway Superintendent has inspected the road and recommended its
acceptance contingent upon the Developer entering into an Escrow Account with the Town in the
amount of$145,000 to be paid in two installments to ensure the Developer's completion of the top
coat of the black-top within two (2) years of the date of acceptance or by June 17, 2026; and if
applicable, all drainage easements being in place, and
WHEREAS, the Developer has informed the Town that he has no objection to providing the
Town with a $145,000 cash escrow and entering into an Escrow Agreement to ensure placement of
the top coat on the road consistent with the Town Highway Superintendent's requirements, and
WHEREAS,the Town Water Superintendent has indicated that an inspection has been made
of the water mains and appurtenances installed in the Village at Upper Sherman Subdivision and the
installation has been made in accordance with the requirements of the Town Water/Wastewater
Department, with the Developer to be responsible for the installation's repair and maintenance for
one year from the date of Town Board approval of the road dedication or through June 171h 2025,
and
WHEREAS, the Town's Director of Planning, Zoning and Code Compliance has confirmed
that he has inspected Dean Thomas Way and it was found to be in general compliance with the
requirements of his office and the Town Subdivision Code including installation of all front property
corners,permanent survey monuments and signs to identify the subdivision lots,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and approves the dedication
of Dean Thomas Way in the Village at Upper Sherman Subdivision contingent upon:
1. The Developer providing the Town Budget Officer with a$120,000 cash escrow and
entering into an Escrow Agreement to ensure placement of the top coat on the road
consistent with the Town Highway Superintendent's requirements; and
2. The Developer providing the Town Budget Officer with an additional cash escrow of
$25,000 at the time of or prior to the issuance of the tenth (10 h) Certificate of
Occupancy in the Sherman Avenue Subdivision.
3. All documentation related to such dedication being in form acceptable to Town
Counsel; and
BE IT FURTHER,
RESOLVED,that the Town Board authorizes and directs the Town Supervisor and/or Deputy
Town Supervisor to execute any and all documents necessary to complete the transaction including
2
all real property forms and the Escrow Agreement substantially in the form presented at this meeting,
and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Developer to record the
deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and
maintained in the Queensbury Town Clerk's Office, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the
roads to the official inventory of Town Highways as follows:
Name: Dean Thomas Way Road Number:
Description: Beginning at Upper Sherman Avenue and continuing in a
northwesterly direction a distance of 3,484.8 ±' and 0 hundredths of a mile
and ending at Upper Sherman Avenue.
Feet: 3,484.8±' and 0 hundredths of a mile
Duly adopted this 17'h day of June, 2024,by the following vote:
AYES :
ABSENT:
NOES
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Town of Oceensbuiy '�� David Duell
Highway g Y Highway Superintendent
Department (518)7 61-8212
74'2 Bay Road—Queensbury,NY \ ',lx>
12804' Mark De Mers
Phone: (518) 761-8211 Deputy Highway Superintendent
Fax: (518)745-4466 (518) 761-8210
To: Queensbury Town Board •
From: David Duell
Date: May 23,2024
Re: Cerrone Builders Inc.
•I
have inspected Dean Thomas Way—The Village at Upper Sherman Subdivision to the best of my
knowledge it meets the specification set forth by the Town of Queensbury. As the Town Highway
Superintendent, I have reviewed and approved the paving estimate and the road has been built to the
Town standards. I hereby recommended its acceptance.
•
Respectfully
•
David Duell
Town of Queensbury
Highway Superintendent
I '
•
Jo-
Town o fQueensbury David Duel
Highway Department f Highway Superintendent
74.2 Bay Road—Oueensbury, NY 1.2804 '� a
�� Mark De Mers
Phone: 518 761-8211 Deputy Highway Superintendent
Fax:(518) 45-4466 N.` `J """ ' (518)761-s2 l0
•
Town of Queensbury County of Warren
Resolution Number Date
Whereas recommendation has been presented by David Duell
to the Town Board
of the Town of Queensbury that certain changes be
authorized:in the Town Highway System,and
Whereas due consideration has been given to such recommendation by said Board,therefore be it hereby
Resolved that the Highway System of the Town of Queensbury be and hereby is amended as follows:
That highway known as Dean Thomas Way and by number
beginning at. Upper Sherman Avenue
and continuing in a northwostedy direction,a distance of 3484.8+/-feet
and o hundredths of a mile and ending at Upper Sherman Avenue
as indicated on attached map, is hereby added to the Highway System of the
Town of Queensbury ,being also
El a). the Highway System of the
or b). abandoned to rightful property owner.
or a c). accepted by dedication from Cerrone Builders
of a'R. O.W.of 50 feet width in accordance with Section 171 of the Highway Law.
or 0 d). lawfully accepted as a highway by use in accordance with Section 189 of Highway Law.
And be it further
Resolved,that copies of this resolution be forwarded to the New York State Department of Public Works,(two
copies)and proper local officials,together with maps showing the exact location and limits of such highway.
CLERK
.11.1111 I I IL IN TOWN OF QUEENSBURY
742 Bay Road, Queensbury, NY. 12804-5902
Memorandum
To: Town Board
From: Craig Brown, Director, Planning/Zoning
Date: May 28, 2024
Re: Dean Thomas Way- Road Dedication
The roadway constructed as Dean Thomas Way was inspected by this office and found to
be in general compliance with the requirements of this office and the Town Subdivision
Code, including:
Installation of all front property corners, permanent survey monuments and signs to identify
the subdivision lots.
•
TOWN OF QUEENSBURY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENTS\ESCROW AGREEMENT—Dean Thomas Way Road Dedication-2024
ESCROW AGREEMENT
AGREEMENT, made as of the 17th day of June, 2024, between the TOWN OF
QUEENSBURY,County of Warren,State of New York(hereinafter referred to as the"TOWN,")
a municipal corporation having its principal place of business at 742 Bay Road,Queensbury,New
York 12804 and CERRONE LAND HOLDINGS LLC, having a principal place of business at
1589 Route 9,Moreau,New York 12828 (hereinafter referred to as the "DEVELOPER").
WITNESSETH:
WHEREAS, by Town Board Resolution No.: (attached hereto as
Exhibit A),the Town authorized dedication of Dean Thomas Way("road")in the Village at Upper
Sherman Subdivision, to the Town of Queensbury contingent upon the DEVELOPER providing
the Town with cash escrow in the amount of$145,000.00 to ensure completion of the top coat of
the road within the next two(2)years,and.
WHEREAS, the TOWN and DEVELOPER wish to enter into an Escrow Agreement to
provide for the$145,000.00 in escrow funds, and
WHEREAS, the DEVELOPER agrees to pay for the top coat in the manner set forth in
this Agreement,
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS HEREIN CONTAINED, AND FOR OTHER GOOD AND VALUABLE
CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:
1. DEVELOPER agrees to reimburse the TOWN for the cost of the top coat of the road if
DEVELOPER does not complete such top coat within the next two (2)years or by June 17,2026
without further approval of the TOWN BOARD and DEVELOPER.
2.
A. For the purpose of such reimbursement, DEVELOPER shall deliver an initial
amount of$120,000.00 to the Town Budget Officer as Escrow Agent to be held in
escrow in a separate interest-bearing account ("Escrow Account") opened in the
name of the TOWN with the Town of Queensbury having sole signatory authority
on the account,with an additional$25,000.00 being delivered by the DEVELOPER
to the Town Budget Officer as Escrow Agent upon issuance of the tenth (loth)
Certificate of Occupancy in the Sherman Avenue Subdivision.
B. The Escrow Agent shall establish the interest bearing account as described above
and deposit the funds in the account.
1
3. The Escrow Agent shall release monies in the escrow account in accordance with the
following procedure:
A. DEVELOPER Timely Completes Top Coat. Upon receipt of written
confirmation from the Town Highway Superintendent that DEVELOPER has
completed to the Highway Superintendent's satisfaction the top coat of the road
within the required time period, the Escrow Agent shall pay all amounts in the
Escrow Account to DEVELOPER. In such case,this Agreement shall be deemed
terminated.
B. DEVELOPER Does Not Timely Complete Top Coat. Upon receipt of written
confirmation from the Town Highway Superintendent that DEVELOPER has not
completed to the Town Highway Superintendent's satisfaction the top coat of the
road or that such work has not been completed to the Town Highway
Superintendent's satisfaction by June 17, 2026, the Escrow Agent shall
immediately deliver to the TOWN the entire amount in such Escrow Account.
DEVELOPER acknowledges and agrees that, should it fail to complete such work
to the satisfaction of the Town Highway Superintendent by the date indicated, the
TOWN may use such funds (including interest) as the Town Highway
Superintendent shall determine necessary to complete such work and may
undertake to complete such work either by contract or Town Law or force account,
at such time as the Town shall deem appropriate. DEVELOPER further agrees that
it shall be liable and obligated for any costs for such work incurred by the TOWN
that should exceed the amount on deposit. If such costs are less than the deposited
amount, the TOWN shall return the balance of the Escrow Account to
DEVELOPER.
4. The terms and conditions set forth in paragraph 3 set forth all duties and responsibilities of
the Escrow Agent in connection with the release of funds from the Escrow Account and in the
event that the Escrow Agent complies with the terms of paragraph 3, the Escrow Agent's duties
and responsibilities under this Agreement shall be deemed complete.
5. Any funds together with interest remaining in the escrow account upon termination of this
Agreement shall be returned within thirty (30) days of such termination by the Escrow Agent to
the DEVELOPER.
6. The terms of this Agreement shall not create any right in any person, firm,corporation, or
entity other than the parties of this Agreement and their respective successors and permitted
assigns and no third party shall have the right to enforce or benefit from these terms.
7. It is agreed by the parties to this Agreement that no representations are made by the TOWN
that completion of the top coat will be equal to or cost less than$145,000.00. In the event that the
cost of the top coat is over$145,000.00 or the top coat is unacceptable to the TOWN,the TOWN
and Escrow Agent shall bear no responsibility or liability.
2
8. This Agreement contains the full understandings of the parties. If any clause or paragraph
in this Agreement is declared illegal or unenforceable by a Court of Law then the remainder of the
Agreement shall be read as if such illegal or unenforceable clause or paragraph has been omitted.
TOWN OF QUEENSBURY CERRONE LAND HOLDINGS LLC
By: By: �"" � jv
JOHN F. STROUGH,III TEVEN CERRONE,MEMBER
TOWN SUPERVISOR
STATE OF NEW YORK)
ss.:
COUNTY OF WARREN)
On this ga day of 1 , in the year 2024 before me,the undersigned, a
notary public in and for said state, personally appeared JOHN F. STROUGH, III, personally
known to me or proved to me on the basis of satisfactory evidence to be the individual whose name
is subscribed to the within instrument and acknowledged to me 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.
Notary Public
STATE OF NEW YORK)
ss.:
COUNTY OF WARREN)
On this 1G'day of March, in the year 2024 before me,the undersigned,a notary public
in and for said state, personally appeared STEVEN CERRONE, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose.name is subscribed
to the within instrument and acknowledged to me 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.
cAlta&t_c61/60
Notary Public
ICARA I.LAM
Notary'Public,State of New York
Saratoga Co.#02LA610S701 ^1 g
Commission Expires Feb.17.20_v.
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FITZGERALD MORRIS BAKER FIRTH PC IOLA` - -
- 11223 _
.Town'of Queensbury 5/16/2024
Date Type Matter ID Line Description. Balance Due Payment
8111 13062-0017 Road'dedication escrow. : $120,000.00 - $120,000.00`:
Check Amount $120,000.00.
GFNB-IOTA Acct(DLD) . 120000.00
FMBf 1OLA R.P .
11223
• Town of Chieensbury • • 6/16/2024 ' -
Date Type . Matter ID Line Description . Balance Due Payment
05/16/2024 -_' 13111 13052-0017 Road dedication escrow. $120,000.00 $120,000.00
C:heck.Amount $120,000.00
•
•
GFNB-COLA Acct(DLD) 120000.00