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2.8 t 4 2.8 ROAD DEDICATIOMEscrow Funds-Release to Cerrone Builders-Apres Circle-West Mountain Road Subdivision-4-19-2021 RESOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS TO CERRONE BUILDERS, INC., IN CONNECTION WITH DEDICATION OF APRES CIRCLE IN CERRONE WEST MOUNTAIN ROAD SUBDIVISION RESOLUTION NO.: ,2021 INTRODUCED BY: WHO MOVED FOR ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 161,2010 the Queensbury Town Board authorized the dedication of Apres Circle in the Cerrone West Mountain Road Subdivision, and WHEREAS, at the time of dedication, the Developer, Cerrone Builders, provided the Town with$25,800 cash escrow to ensure placement of the top coat on the road consistent with the Town Highway Superintendent's requirements, such sum to be held in escrow in accordance with the terms of an Escrow Agreement, and WHEREAS, as required by the Escrow Agreement, the Town deposited the funds in an interest bearing account,and WHEREAS, by Memorandum dated April 13, 2021, the Highway Superintendent has advised that the road has met the' specifications set by the Town Highway Department and therefore, has recommended that the Town Board authorize the release of the $25,800 held by the Town in accordance with the Escrow Agreement, and WHEREAS, the Town Board wishes to therefore authorize the refund of'such funds to Cerrone Builders,Inc. as required by the Escrow Agreement, NOW, THEREFORE, BE IT RESOLVED, that, consistent with the Escrow Agreement, the Queensbury Town Board hereby authorizes and directs the Town Budget Officer as Escrow Agent to return the funds that have been held in escrow to ensure placement of the top coat on Apres Circle in the West Mountain Road Subdivision to Cerrone Builders, Inc., which sum shall be the amount of$25,800 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 19"'day of April, 2021, by the following vote: AYES NOES ABSENT: avid I)IIell I IiIgllwa.N' , l Ili ,ll�� l�. tilt)+ ri!)ik'!,1l it r I•:= li<1`+ li(,;111 - 011t'!.'ll`I1urv. N1 ,\ial•k li -,1re - I )�`17Ili�' I li�'1111E11 To: Queensbury Town Board From: David Duell Date: April 13, 2021 Re: Cerrone Builders —Apres Circle I have inspected Apres Circle in the Town of Queensbury, so at this point and time to the best of my knowledge it meets the specification set for by the Town of Queensbury Highway Dept. I hereby recommended the return of Escrow agreement for $25,800.00 to the Cerron Builders LLC. Respectfully David Duell Highway Superintendent RESOLUTION ACCEPTING DEDICATION OF APRES CIRCLE IN CERRONE WEST MOUNTAIN ROAD SUBDIVISION RESOLUTION NO. 161,2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, Cerrone Builders, Inc., has offered a deed to the Town of Queensbury to dedicate Apres Circle in the Cerrone West Mountain Road Subdivision to the Town of Queensbury as more particularly described in a survey map prepared by VanDusen & Steves Land Surveyors, LLC dated December 0', 2009,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 April 5"', 2012, and if applicable, all drainage easements being in place, and WHEREAS, Cerrone Builders, Inc., has provided the Town with a $25,800 cash escrow to ensure placement of the top coat on the roads by April 5"', 2012 consistent with the Town Highway Superintendent's requirements, and WHEREAS, the Town Water Superintendent has confirmed that installation of water mains and appurtenances has been made in accordance with Town Water Department standards, and WHEREAS, the Town Wastewater Director has indicated that his Department has no issues with such road dedication, and WHEREAS, the Town Zoning Administrator/Code Compliance Officer and Director of Building and Codes Enforcement have confirmed that they have inspected Apres Circle and it was found to be in general compliance with the requirements of their offices, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the dedication of Apres Circle in the Cenone West Mountain Road Subdivision, 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 Cerrone Builders, Inc., 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: Apres Circle Road Number: 807 Description: Beginning at West Mountain Road and continuing in a westerly direction a distance of 1088' and .21±hundredths of a mile and ending at a cul-de-sac. Feet: 1088' and .21±of a mile Duly adopted this 5"'day of April,2010, by the following vote: 2 AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES None ABSENT: None 3 • 1 , ESCROW AGREEMENT—Apres Circle—Cerrone Builders—4-5-10 ESCROW AGREEMENT AGREEMENT, made as of the 5 h day of April, 2010, 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 BUILDERS, INC.., Federal Employer Identification No.: 14-1771861 and having its principal place of business at 51 Oak Valley Way, Queensbury,New York 12804 (hereinafter referred to as the "DEVELOPER"). WITNESSETH: WHEREAS, by Town Board Resolution No.: 161, 2010 (attached hereto as Exhibit A), the Town authorized dedication of Apres Circle ("road") in the Cerrone West Mt. Road Subdivision to the Town of Queensbury contingent upon the DEVELOPER providing the Town with cash escrow in the amount of $25,800 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 $25,800 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 PARTIESAGREEAS FOLLOWS: 1. DEVELOPER agrees to reimburse the TOWN for the cost of the top coat of the road in the amount of$25,800 if DEVELOPER does not complete such top coat within the next two (2) years or by April 5t', 2012, without further approval of the TOWN BOARD and DEVELOPER. 2. A. For the purpose of such reimbursement, DEVELOPER shall deliver an initial amount of $25,800 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 following procedure: 1 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 April 5t`, 2012, 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 $25,800. In the event that the cost of the top coat is over $25,800 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 the Agreement shall be read as if such illegal or unenforceable clause or paragraph has been omitted. 2 TOWN OF QUEENSBURY CERRO + BUILDERS,INC.. By: BY: DANIEL G. STEC, ELIO CERRONE, SUPERVISOR PRESIDENT STATE OF NEW YORK) f ss.: COUNTY OF WARREN) On this Co 'day of April, in the y ar 201�,.(��e, me, the undersigned, a notary public in and for said state,personally appeared� 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 cted, executed the instrument. f Notary Public M�CH�E�3.000 N®Q o� stag t total pub'o #02 2937 20� { Comm sion Expires Sept,9, STATE OF NEW YORK} ss.. COUNTY OF WARREN) On this (0V'day of April, in the 1e r 2010 before me, the undersigned, a notary public in and for said state, personally appeared + 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. '0j" Notary Public 1(•ctl76r N«w'� PAMELA A.MAR:FfN Notary Public, State of New York Warren County Reg. No. 4946222 My Comm. Expires January 27 W(I 3 r i 7 EXHIBIT A RESOLUTION ACCEPTING DEDICATION OF APRES CIRCLE IN CERRONE WEST MOUNTAIN ROAD SUBDTVISION RESOLUTION NO. 161,2010 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brefver WHEREAS, Cerrone Builders, Inc., has offered a deed to the Town of Queensbury to dedicate Apres Circle in the Cerrone West Mountain Road Subdivision to the Town of Queensbury as more particularly described in a survey map prepared by VanDusen & Steves Land Surveyors, LLC dated December 4t',2009,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 April 5 h, 2012, and if applicable, all drainage easements being in place, and WHEREAS, Cerrone Builders, Inc., has provided the Town with a $25,800 cash escrow to ensure placement of the top coat on the roads by April 5 h,2012 consistent with the Town Highway Superintendent's requirements,and WHEREAS, the Town Water Superintendent has confirmed that installation of water mains and appurtenances has been made in accordance with Town Water Department standards, and WHEREAS,the Town Wastewater Director has indicated that his Department has no issues with such road dedication,and WHEREAS, the Town Zoning Administrator/Code Compliance Officer and Director of Building and Codes Enforcement have confirmed that they have inspected Apres Circle and it was found to be in general compliance with the requirements of their offices, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the dedication of Apres Circle in the Cerrone West Mountain Road Subdivision,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 Cerrone Builders, Inc.,.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 fiirther authorizes and directs the Town Clerk to add the roads to the official inventory of Town Highways as follows: Name: Apres Circle Road Number: 807 Description: Beginnirig at West Mountain Road and continuing in a westerly direction a distance of 1088' and.21-+hundredths of a mile and ending at a cul-de-sac Feet: 1088' and.21f of a mile Duly adopted this 5 h day of April,2010,by the following vote: AYES : Mr. Strough,Mr.Brewer,Mr. Stec,Mr.Metivier,Mr. Montesi NOES : None ABSENT: None 5