4.4 4.4
ROAD DFDICATIONTscrow Funds-Release to Patten Property—Ridgewood Court-11-19-18
RESOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS TO
PATTEN PROPERTY DEVELOPMENT, LLC IN CONNECTION WITH
RIDGEWOOD COURT IN RIDGE ROAD SUBDIVISION
RESOLUTION NO.: 12018
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 173, 2015, the Queensbury Town Board accepted from
Robert Wall the dedication of Ridgewood Court in the Ridge Road Subdivision and at the time of
dedication, Mr. Wall provided the Town with$12,444 cash escrow to ensure completion of the Road,
such sum to be held in escrow in an interest bearing account in accordance with the terms of an Escrow
Agreement, and
WHEREAS, Patten Property Development, LLC purchased the Ridgewood Court Subdivision
from Mr. Wall and accordingly Mr. Wall assigned his rights and obligations under the Escrow
Agreement to Patten Property Development, LLC, which resulted in Patten Property Development,
LLC being the Developer, and
WHEREAS, by Resolution No.: 228, 2015, the Town Board authorized such assignment of
the Escrow Agreement between Robert Wall and the Town of Queensbury to Patten Property
Development, Inc., and
WHEREAS, the Highway Superintendent has advised the Town Board that Ridgewood Court
has been completed to his satisfaction in accordance with the Escrow Agreement and therefore has
requested that the monies held by the Town be released, and
WHEREAS, the Town Board wishes to therefore authorize the refund of funds currently held
in escrow to Patten Property Development, LLC as required by the Escrow Agreement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the return of escrow funds
to Patten Property Development, LLC in connection with the dedication of Ridgewood Court in the
Ridge Road Subdivision which sum shall be the amount of$12,444 plus any earned interest, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Highway Superintendent and/or Town Budget Officer to take such other and further action necessary
to effectuate the terms of this Resolution.
Duly adopted this 19ffi day of November, 2018,by the following vote:
AYES
NOES
ABSENT:
David Duell
llimhwa
4 1 li�,h a�� � tiuperintt ntlr nt
Depat•tntenl _
;-1•Q—> Bay Road—Queensbur%r, NY �`�`r`•�� Marlt l3emtare
I'hune: (:518) 1-82 1 I \_" Ucput} 1 litiltaay Suprrintt n�lr nt
Fay: (ri 1�) " !•:�- I•I•t�c; '
'311 �l.i1-ti?I(1
To: Queensbury Town Board
From: David Duell
Date: November 19, 2018
Re: Patten Property Development, LLC
I have inspected Ridgewood Court in the Ridge Road Subdivision, so at this point and tirne to the best of
my knowledge it meets the specification set for by the Town of Queensbury Highway Department. I
hereby recommended the return of the Escrow Funds to the Patten Property Development, LLC.
Respectfully
David Duell
Highway Superintendent
RESOLUTION ACCEPTING DEDICATION OF RIDGEWOOD COURT IN
RIDGE ROAD SUBDIVISION, RIDGEWOOD HOMES
RESOLUTION NO.: 1739 2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, Robert Wall (Developer) has offered a deed to the Town of Queensbuiy to
dedicate Ridgewood Court in the Ridge Road Subdivision, Ridgewood Homes to the Town of
Queensbury as more particularly described in a survey map prepared by VanDusen & Steves Land
Surveyors, LLC dated March 30, 2015,and
WHEREAS, the Town Highway Superintendent has inspected the road and recommended
its acceptance contingent upon the Developer completing the top coat of the black-top within two
years of the date of acceptance or by May 4"', 2017, and if applicable, all drainage easements being
in place, and
WHEREAS, the Developer has provided the Town with a $12,444 cash escrow to ensure
placement of the top coat on the road consistent with the Town Highway Superintendent's
requirements, and
WHEREAS, the Town Water Superintendent and Wastewater Director has indicated that
there is no water/wastewater service for this road dedication, and
WHEREAS, the Town's Director of Planning, Zoning and Code Compliance and/or
Director of Building and Codes Enforcement have confirmed that they have inspected Ridgewood
Court and it was found to be in general compliance with the requirements of their offices except as
detailed below,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and approves the dedication
of Ridgewood Court in the Ridge Road Subdivision, Ridgewood Homes contingent upon the Town
Highway Superintendent confirming that street and/or stop signs have been installed, 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
including the Escrow Agreement substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Robert Wall 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: Ridgewood Court Road Number: 2015-1
Description: Beginning at NYS Route 9L and continuing in a westerly direction a
distance of 589' and .1 if hundredths of a mile and ending at a cul-de-sac
Feet: 589' and .1 if hundredths of a mile
Duly adopted this 4t' day of May, 2015, by the following vote:
2
AYES Mr. Irish, Mr. VanNess, Mr. Strough,Mr. Metivier, Mr. Clements
ABSENT: None
NOES None
3
RESOLUTION AUTHORIZING ASSIGNMENT OF ESCROW
AGREEMENT CONCERNING DEDICATION OF RIDGEWOOD COURT
RESOLUTION NO. 228,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. William VanNess
WHEREAS, by Resolution No.: 173, 2015, the Queensbuiy Town Board accepted from
Robert Wall the dedication of Ridgewood Court in the Ridge Road Subdivision and at the time of
dedication, Mr. Wall provided the Town with $12,444 cash escrow to ensure completion of the
Road, such sum to be held in escrow in accordance with the terns of an Escrow Agreement, and
WHEREAS, Patten Property Development, LLC is purchasing the Ridgewood Court
Subdivision from Mr. Wall and accordingly Mr. Wall wishes to assign his rights and obligations
under the Escrow Agreement to Patten Property Development, LLC, which will result in Patten
Property Development, LLC being the Developer, and
WHEREAS, the Town has the fully-executed Escrow Agreement and the $12,444, and will
continue to hold such funds in accordance with the Agreement, and
WHEREAS, the Assignment and Assumption Agreement is presented at this meeting and is
in form acceptable to Town Counsel, and
WHEREAS, the Town Board wishes to authorize such assignment,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbuiy Town Board hereby approves and authorizes the
assignment of the Escrow Agreement between Robert Wall and the Town of Queensbuiy referred
to in the preambles of this Resolution to Patten Property Development, Inc., and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute
the Assignment and Assumption Agreement between the Town and Patten Property Development,
LLC and take such other and further actions necessary to effectuate the tenns of this Resolution.
Duly adopted this 6t" day of July, 2015,by the following vote:
AYES Mr. Metivier, Me. Clements, Mr. Irish, Mr. VanNess
NOES : None
ABSENT: Mr. Strough
AGREEMENTSTSCROW AGREEMENT—Ridgewood Court—Robert Wall—May 2015
ESCROW AGREEMENT
AGREEMENT, made as of the 4 h day of May, 2015, 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 ROBERT WALL, Social Sec. No.:as—a?sr 7-2 4 tand
residing at 1548 Ridge Road, Queensbury, New York 12804 (hereinafter referred to as the
"DEVELOPER").
WITNESSETH:
WHEREAS, by Town Board Resolution No.: 1`7 , 2015 (attached hereto as Exhibit A),
the Town authorized dedication of Ridgewood Court ("road") in the Ridge Road Subdivision,
Ridgewood Homes to the Town of Queensbury contingent upon the DEVELOPER providing the
Town with cash escrow in the amount of$12,444 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$12,444 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 May 4th, 2017,
without further approval of the TOWN BOARD and DEVELOPER.
2.
A. For the purpose of such reimbursement, DEVELOPER shall deliver an initial
amount of $12,444 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.
B. The Escrow Agent shall establish the interest bearing account as described above
and deposit the funds in the account.
3. The Escrow Agent shall release monies in the escrow account in accordance with the
1
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 May 4 h, 2017, 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 $12,444. In the event
that the cost of the top coat is over $12,444 or the top coat is unacceptable to the TOWN, the
TOWN and Escrow Agent shall bear no responsibility or liability.
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
2
the Agreement shall be read as if such illegal or unenforceable clause or paragraph has been
omitted.
T OWN OF UEE Y ROBERT WALL
By: BY:
J HN S ROUGH,
SUPERVISOR
STATE OF NEW YORK)
ss..
COUNTY OF WARREN)
On this b+' day of May, in the year 2015 before me, the undersigned, a notary public in
and for said state, personally appeared JOHN STROUGH, 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, e/x�ecuted the instrument.
ALLu
Notary Public PAMELA A. KUNSINGER
Notary Public,State of New York
Warren County No.01 HU4946222
Commission Expires Jan.27,2012.,
STATE OF NEW YORK)
ss.:
COUNTY OF WARREN)
On this -,7}`day of , in the year 2015 before me, the undersigned, a notary
public in and for said state, personally appeared ROBERT WALL 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.
otary Public
JONATHAN C.LAPPER
Notary Public,State of New York
No.02LA4948141
Quailed in warren County
Commission Expires March 6,20 1 J
3
EXHIBIT A
RESOLUTION ACCEPTING DEDICATION OF RIDGEWOOD COURT IN
RIDGE ROAD SUBDIVISION, RIDGEWOOD HOMES
RESOLUTION NO.: 173,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, Robert Wall (Developer) has offered a deed to the Town of Queensbury to
dedicate Ridgewood Court in the Ridge Road Subdivision, Ridgewood Homes to the Town of
Queensbury as more particularly described in a survey map prepared by VanDusen & Steves Land
Surveyors,LLC dated March 30, 2015,and
WHEREAS, the Town Highway Superintendent has inspected the road and recommended
its acceptance contingent upon the Developer completing the top coat of the black-top within two
years of the date of acceptance or by May 4`h, 2017, and if applicable, all drainage easements being
in place, and
WHEREAS, the Developer has provided the Town with a $12,444 cash escrow to ensure
placement of the top coat on the road consistent with the Town Highway Superintendent's
requirements, and
WHEREAS, the Town Water Superintendent and Wastewater Director has indicated that
there is no water/wastewater service for this road dedication, and
WHEREAS, the Town's Director of Planning, Zoning and Code Compliance and/or
Director of Building and Codes Enforcement have confirmed that they have inspected Ridgewood
Court and it was found to be in general compliance with the requirements of their offices except as
detailed below,
NOW, THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and approves the dedication
of Ridgewood Court in the Ridge Road Subdivision, Ridgewood Homes contingent upon the Town
Highway Superintendent confirming that street and/or stop signs have been installed, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute,
4
sign and affix the Town seal to any and all documents necessary to complete the transaction
including the Escrow Agreement substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Robert Wall 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: Ridgewood Court Road Number:2015-1
Description: Beginning at NYS Route 9L and continuing in a westerly direction a
distance of 589' and .11±hundredths of a mile and ending at a cul-de-sac.
Feet: 589' and .1 l±hundredths of a mile
Duly adopted this 4 h day of May, 2015, by the following vote:
AYES : Mr. Irish, Mr. VanNess,Mr. Strough, Mr. Metivier,Mr. Clements
ABSENT: None
NOES None
5