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4.01 4.1 ROAD DEDICATIONS\Extend Deadline to Put On Top Coat—Burnt Hills Dr and Wooden Lane—12-4-17 RESOLUTION AUTHORIZING ONE-YEAR EXTENSION OF TIME FOR JD MICHAELS HOLDINGS, LLC TO INSTALL TOP COAT OF BLACK-TOP ON BURNT HILLS DRIVE AND WOODEN LANE IN BURNT RIDGE SUBDIVISION RESOLUTION NO. ,2017 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 411,2015, the Queensbury Town Board accepted JD Michaels Holdings, LLC's (Michaels) offer to dedicate to the Town of Queensbury, Burnt Hills Drive and Wooden Lane in the Burnt Ridge Subdivision, and WHEREAS, Michaels provided the Town with a $91,000 Letter of Credit to ensure placement of the top coat on such roads by November 27, 2017, and WHEREAS, the Town Highway Superintendent has advised that construction within the subdivision is not yet completed and so Michaels has been unable to install the top coat, and WHEREAS, the Highway Superintendent has therefore recommended that the Town Board grant a one year extension to Michaels so that installation of the top coat of black-top may be completed, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a one year extension or until November 27, 2018 for JD Michaels Holdings, LLC to install the top coat of black-top on Burnt Hills Drive and Wooden Lane in the Burnt Ridge Subdivision, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to provide a certified copy of this Resolution to the Town Highway Superintendent. Duly adopted this 4ffi day of December, 2017,by the following vote: AYES NOES ABSENT: • RESOLUTION ACCEPTING DEDICATION OF BURNT HILLS DRIVE AND WOODEN LANE IN BURNT RIDGE SUBDIVISION RESOLUTION NO.: 411,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, JD Michaels Holdings, LLC (Developer) has offered a deed to the Town of Queensbury to dedicate Burnt Hills Drive and Wooden Lane in the Burnt Ridge Subdivision to the Town of Queensbury as more particularly described in a survey map prepared by VanDusen & Steves Land Surveyors,LLC dated September 25,2015, and WHEREAS, the Town Highway Superintendent has inspected the roads and recommended their acceptance contingent upon the Developer completing the top coat of the black-top within two years of the date of acceptance or by November 16th, 2017 and if applicable,-all drainage easements being in place, and WHEREAS, the Developer will provide the Town with a $91,000 Letter of Credit or deposit into the Town's escrow account to ensure placement of the top coat on the road by November 16th,2017 consistent with the Town Highway Superintendent's requirements, and WHEREAS,the Town Water Superintendent and Wastewater Director has indicated that an inspection has been made of the water mains lines and appurtenances installed in the Burnt Ridge Subdivision and the installation has been made in accordance with the requirements of the Town Water 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 November 16th 2016,and WHEREAS, the Town's Zoning Administrator has confirmed that his office inspected Burnt Hills Drive and Wooden Lane and; they were found to be in general compliance with the requirements of his office except that front property corners, permanent survey monuments and street name signs have not yet been installed, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the dedication of Burnt Hills Drive and Wooden Lane in the Burnt Ridge Subdivision contingent upon (1) the Town's receipt of the required $91,000 Letter of Credit in form acceptable to Town Counsel or deposit into the Town's escrow account as delineated in the preambles of this Resolution, (2) the Town Highway Superintendent confirming that front property corners, permanent survey monuments and street name signs have been installed, and (3) title insurance being provided to the Town in form acceptable to Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs JD Michaels Holdings, LLC 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: 2 Name: Burnt Hills Drive Road Number: 2015-5 Description: Beginning at Luzerne Road and continuing_ in a northerly direction a distance of 2,220±' and 0+hundredths of a mile and ending at the existing, previously accepted portion of Burnt Hills Drive. Feet: 2,220±' and 0±hundredths of a mile Name: Wooden Lane Road Number:2015-6 Description: Beginning at Burnt Hills Drive and continuing in a southwesterly direction a distance of 1,560±' and 0±hundredths of a mile and ending at the newly Constructed portion of Burnt Hills Drive. Feet: 1,560±' and 0±hundredths of a mile Duly adopted this 16th day of November,2015, by the following vote: AYES : Mr. Metivier, Mr. Clements, Mr. Irish,Mr. VanNess, Mr. Strough ABSENT: None NOES : None 3 AMEND IRREVOCABLE LETTER OF CREDIT NO. 15-29 •l` '>. ti ° t� { F� t if.- r r- F i 1 ,I MM~ THE ADIRONDACK TRUST COMPANY WI I`_ Itl �/,y� 'I1 �Y rei; 473 BROADWAY •• SARATOGA SPRINGS, NY 12866-0326 . 1. RECE�" .D } :r H_;..4 ' Town of Queensbury LUCILE M. LUCAS SENIOR VICE PRESIDENT OC.F 2111 CUSTOMER EXPERIENCE/LENDING f November 27, 2017 Highway Department Beneficiary: Applicant: Town of Queensbury . JD Michaels Holdings, LLC Highway Department 1 Marions Way 742 Bay Road Mechanicville,NY 12118 Queensbury,NY 12804 Gentlemen: Please be advised that our Irrevocable Letter of Credit No. 15-29, dated November 27, 2015, is hereby amended as follows: 1. The expiration date shall be extended from November 27, 2017 to November 27, 2018. All other terms and conditions of Letter of Credit No. 15-29 remain unchanged. Sincerely, Lucile M. Lucas Senior Vice President 518 584-5844 • FAX 518 584-1107 www.adirondacktrust.com IRREVOCABLE LETTER OF CREDIT NO. 15-29 a C N - tLLL j(5�+ -..v-',..7.' n „� ,,, .1 .yt { THE ADIRONDACK TRUST COMPANY V y y,_I 11 tiT i j.,' ', 41,b_ 473 BROADWAY • SARATOGA SPRINGS, NY 12866-0326 November 27, 2015 Beneficiary: Applicant: Town of Queensbury JD Michaels Holdings, LLC Highway Department 10 Blacksmith Drive 742 Bay Road Malta,NY 12020 Queensbury,NY 12804 Gentlemen: We hereby establish our Irrevocable Letter of Credit No. 15-29 in favor of the Town of Queensbury for the account of JD Michaels Holdings, LLC in the amount of Ninety One Thousand and 00/100 ($91,000.00) Dollars, available by your draft at sight accompanied by a certified written statement from the Town of Queensbury made by an authorized official stating that JD Michaels Holdings, LLC is in default of performance pertaining to top coat in the Burnt Ridge Subdivision in the Town of Queensbury. This letter of credit will expire on November 27, 2017 and may be reduced or canceled at any time prior to that date upon receipt by The Adirondack Trust Company of a written request by an authorized official of the Town of Queensbury. It is a condition of this letter of credit that is shall be deemed automatically extended without amendment for one (1)year from the present or any future expiration dated hereof, unless at least sixty(60)days prior to any such date we shall notify you in writing at the above address via courier, express or certified mail return receipt requested,that we elect not to renew this letter of credit for any such additional period. Your drafts must be accompanied by your dated statement,purportedly signed by an officer/representative indicating name and title stating: "The top coat in the Burnt Ridge Subdivision in the Town of Queensbury,New York has not been completed." Once the work has been completed and written notification has been received from the Town of Queensbury stating that the required top coat meets the Town's specifications,the letter of credit can be canceled. Except as otherwise expressly stated herein, the Irrevocable Letter of Credit No. 10-05 is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision), International Chamber of Commerce Publication No. 600 and where not applicable,the Irrevocable Letter of Credit is governed by the laws of the State of New York. Verytrulyyours, '4 ` . Lucile M. Lucas Vice President 518 584-5844 FAX 518 584-1107 www.adirondacktrust.com