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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
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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:
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AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES None
ABSENT: None
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• 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:
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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.
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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
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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,
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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
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