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RESOLUTION REGARDING OFFERS OF CESSION FOR ROADS AND EASEMENTS FOR TRADITION AT RED HOOK SECTIONS 2 AND 3

↑Meetings/Resolutions/83-2019
Activeformal_resolutionongoingThe Town accepts irrevocable offers of cession for roads and easements for Sections 2 and 3 of the Tradition at Red Hook development, conditioned on delivery of performance bonds, insurance, title insurance, consultant payments, escrow deposits, incentive zoning fees, and recorded easement documents.
First seen
2019-08-02
Latest event
2019-08-02
adopted
Expires
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Resolution text

RESOLVED

  1. Based on the report of the Town Engineer of the completed improvements for the Project, the required bond amount for Section 1 may be reduced to $54,395.00.
  2. Acceptance of the Irrevocable Offers referred to in (i) thorough (iii) above and commencement of construction of the Section 2 roads and improvements described in the Section 2 Plat is authorized upon completion of the following conditions; provided, however, that the Town reserves the right to determine whether to accept said roads and easements described in the Irrevocable Offers in its sole discretion upon completion thereof, and the acceptance of said roads and easements described in the Irrevocable Offers shall be subject to the final approval of acceptance thereof by the Town Highway Superintendent: Delivery to the Town Clerk of performance bonds or letters of credit in form and substance satisfactory to the Attorney for the Town and in the amount of $175,868.00 for Sections 2 and 3, as reviewed and recommended by the Town Engineer, in full force and effect, conditioned on completion of the Section 2 ROW Roads and all other required improvements for Section 2 in accordance with the Overall Subdivision Plat, the applicable Section Plat, all required plans, conditions and specifications, which bond or letter of credit shall be for an initial period of not less than 2 years renewable in one year increments, and subject to delivery of a maintenance bond. Said security may be provided in the form of a single instrument or separate instruments for the amounts owed for Sections 1, 2, and 3; Delivery of the hold harmless agreement and evidence of the current general liability insurance policy in form satisfactory to the Attorney for the Town; Delivery of a policy of title insurance, or commitment therefore with policy to be delivered at the time of acceptance, with respect to the interest of the Town in the proposed conveyances, subject to only to such exceptions as shall be approved by the Attorney for the Town and as shall be consistent with the Approval Resolutions; Receipt by the Town of payment for any and all outstanding consultant invoices included estimated costs, bringing the escrow account for development review costs fully up to date; Deposit with the Town Clerk of the escrow for inspection fees for the roads and required improvements for the applicable Section in the amounts specified in the Engineer's approval letter referred to in (vii) above, the Town Clerk having received a deposit of $25,000.00 dated July 11, 2019; Receipt by the Town Clerk of the required incentive zoning fees for Sections 2, which is calculated as $66,097.40 as of the date hereof, or as it may be updated pursuant to § 143-49.2 of the Town Code; Final executed forms of the documents referred to in (i) through (iii) above with an undertaking for proper recording thereof approved by the Attorney for the Town; and Filing of the approved stamped subdivision map(s) in the form referred to herein with only such changes with respect to the proposed roads and easements as shall be approved by this Board after approval by the Highway Superintendent and Town Engineer.
  3. Acceptance of the Irrevocable Offers referred to in (iv) thorough (v) above and commencement of construction of the Section 3 improvements described in the Section 3 Plat is authorized upon completion of the following conditions; provided, however, that the Town reserves the right to determine whether to accept said easements described in the Irrevocable Offers in its sole discretion upon completion thereof: Delivery to the Town Clerk of performance bonds or letters of credit in form and substance satisfactory to the Attorney for the Town and in the amount of $175,868.00 for Sections 2 and 3, as reviewed and recommended by the Town Engineer, in full force and effect, conditioned on completion of all required improvements for Section 3 in accordance with the Overall Subdivision Plat, the applicable Section Plat, all required plans, conditions and specifications, which bond or letter of credit shall be for an initial period of not less than 2 years renewable in one year increments, and subject to delivery of a maintenance bond. Said security may be provided in the form of a single instrument or separate instruments for the amounts owed for Sections 1, 2, and 3; Delivery of the hold harmless agreement and evidence of the current general liability insurance policy in form satisfactory to the Attorney for the Town; Delivery of a policy of title insurance, or commitment therefore with policy to be delivered at the time of acceptance, with respect to the interest of the Town in the proposed conveyances, subject to only to such exceptions as shall be approved by the Attorney for the Town and as shall be consistent with the Approval Resolutions; Receipt by the Town of payment for any and all outstanding consultant invoices included estimated costs, bringing the escrow account for development review costs fully up to date; Deposit with the Town Clerk of the escrow for inspection fees for the roads and required improvements for the applicable Section in the amounts specified in the Engineer's approval letter referred to in (vii) above, the Town Clerk having received a deposit of $25,000.00 dated July 11, 2019; Receipt by the Town Clerk of the required incentive zoning fees for Sections 3, which is calculated as $85,926.62 as of the date hereof, or as it may be updated pursuant to § 143-49.2 of the Town Code; Final executed forms of the documents referred to in (iv) through (v) above with an undertaking for proper recording thereof approved by the Attorney for the Town; and Filing of the approved stamped subdivision map(s) in the form referred to herein with only such changes with respect to the proposed roads and easements as shall be approved by this Board after approval by the Highway Superintendent and Town Engineer.
  4. The Supervisor, Town Engineer, Attorney for the Town and the Superintendent of Highways may take all steps reasonable and necessary in consultation with the Attorney for the Town to implement the intent of this resolution.
Show preamble — 11 WHEREAS clauses
  • WHEREAS, the Town of Red Hook Planning Board adopted a resolution on August 15, 2016, entitled, 'Resolution Granting Site Plan Approval to Hoffman Property Traditional Neighborhood Development' and a resolution on August 15, 2016 entitled 'Resolution Granting Approval to Final Subdivision Plan and Incentive Zoning for Hoffman Property Traditional Neighborhood Development Subdivision,' for a 102-lot residential community development project known as the 'Hoffman Property' (the 'Hoffman TND Project'), which gave permission to file the subdivision plat in sections, and required that the section plats be filed in numerical order; and which resolutions were duly filed in the office of the Town Clerk on August 16, 2016; and
  • WHEREAS, Red Hook Acres, LLC, as part of its development plan for the Hoffman TND Project, offered to dedicate a certain parcel or parcels of land within the project for highway purposes and associated drainage easements, as shown on a drawing set prepared by LRC Group, Project Engineers, entitled 'Final Site Plan and Overall Subdivision Plan Set for Hoffman Property,' last revised on August 15, 2018, and as provided in the proposed subdivision for the for the 102 lot residential community and Lot 103 on drawings prepared by LRC Group, Project Engineers, entitled 'Hoffman Property Final Subdivision Plat' last revised on August 15, 2018, including the 'Hoffman Subdivision Section Plat #1,' last revised on August 15, 2018; and
  • WHEREAS, on September 26, 2018, pursuant to the Planning Board resolutions of August 15, 2016, the Town of Red Hook Town Board adopted Resolution #60 of 2018 regarding offers of cession for roads and easements for Section 1 of the Hoffman TND Project; and
  • WHEREAS, as a condition of Resolution #60 of 2018, the developer of the Hoffman TND Project delivered to the Town Clerk a performance bond or letter of credit in the amount of $373,720.00 regarding Section 1 of the Hoffman TND Project; and
  • WHEREAS, the Hoffman TND Project is now referred to as 'Tradition at Red Hook,' which still contemplates the development of a 102-lot residential community with accompanying common areas (the 'Project'); and
  • WHEREAS, the Town of Red Hook Planning Board adopted two Resolutions on April 1, 2019, entitled, respectively, 'Resolution Granting Amended Site Plan Approval to Tradition of Red Hook (Formerly Hoffman TND),' (hereinafter referred to 'Amended Site Plan Approval Resolution') and 'Resolution Granting Approval to the Amended Final Subdivision Plat for Tradition at Red Hook (Formerly Hoffman TND),' (hereinafter referred to as 'Amended Subdivision Approval Resolution' and together with the Amended Site Plan Approval Resolution, the '2019 Approval Resolutions'), which Amended Subdivision Approval Resolution gave permission to file the Subdivision Plat in Sections, and required that the Section Plats be filed in numerical order; both of which 2019 Approval Resolutions were duly filed in the office of the Town Clerk on April 2, 2019; and
  • WHEREAS, pursuant to the 2019 Approval Resolutions, 25 Old Farm Road Development, LLC (the 'Owner') has been granted conditional final approval by the Town of Red Hook Planning Board for the Project; and
  • WHEREAS, the Owner, as part of its development plan for the Project, has offered to dedicate a certain parcel or parcels of land within the Project for highway purposes and associated drainage easements, as shown on a drawing set prepared by LRC Group, Project Engineers, entitled 'Site Plan Submission Set for Tradition at Red Hook,' last revised on May 7, 2019, and as provided in the proposed subdivision for the for the 102-lot residential community on drawings prepared by LRC Group, Project Engineers, entitled 'Hoffman Property Final Subdivision Plat' last revised on August 15, 2018 ('Overall Subdivision Plat') and the 'Tradition at Red Hook, Final Subdivision Plat, Section Plat #2', last revised on July 12, 2019 ('Section 2 Plat') and 'Tradition at Red Hook, Final Subdivision Plat, Section Plat #3', last revised on July 12, 2019 ('Section 3 Plat'); and
  • WHEREAS, the Owner has submitted for approval the following: Regarding Section 2: an Irrevocable Offer of Cession for a portion of Benson Loop and a portion of Schuyler Drive, collectively referred to in the plat as 'S-2 ROW-1', with an attached draft deed for dedication of such roads; an Irrevocable Offer of Cession for a Town Access Easement (S2-Town Access Easement-1), with an attached draft easement; an Irrevocable Offer of Cession for a Temporary Snow Storage Easement (S-2 Temporary Snow Storage Easement-1), with an attached draft easement; Regarding Section 3: an Irrevocable Offer of Cession for a Town Stormwater Easement (S-3 Town Stormwater Easement-1), with an attached draft easement; an Irrevocable Offer of Cession for a Town Snow Storage Easement (S3-Town Snow Storage Easement1), with an attached draft easement; Regarding Sections 2 and 3: a letter of the Highway Superintendent dated July 30, 2019 regarding approval of plans and specifications for road and stormwater improvements; a letter of the Town Engineer dated July 31, 2019 regarding approval of plans and specifications and estimates of the cost of construction and inspection of certain improvements required by the 2019 Approval Resolutions for Sections 2 and 3 and an update for Section 1; and an updated list of required easements by section prepared by LRC Group, Project Engineers, dated April 18, 2019.
  • WHEREAS, by letter dated July 31, 2019, the Town Engineer has notified the Town Board that a portion of the improvements contemplated under Section 1 of the Project have been satisfactorily completed, and that an estimate of the uncompleted improvements in Section 1 is $54,395.00, and that it is recommended that the bond amount required for Section 1 be reduced accordingly; and
  • WHEREAS, the acceptance of the Irrevocable Offers defined in (i) through (v) above is in the best interests of the Town subject to the conditions set forth herein.

Lifecycle (1 event)

2019-08-02adoptedvote: unanimous
Accept offers of cession for roads and easements for Tradition at Red Hook Sections 2 and 3, with conditions including performance bonds, insurance, title insurance, and incentive zoning fees.
moved by McKeon · seconded by Imboden
Show text snapshot for this event
Resolved
  1. Based on the report of the Town Engineer of the completed improvements for the Project, the required bond amount for Section 1 may be reduced to $54,395.00.
  2. Acceptance of the Irrevocable Offers referred to in (i) thorough (iii) above and commencement of construction of the Section 2 roads and improvements described in the Section 2 Plat is authorized upon completion of the following conditions; provided, however, that the Town reserves the right to determine whether to accept said roads and easements described in the Irrevocable Offers in its sole discretion upon completion thereof, and the acceptance of said roads and easements described in the Irrevocable Offers shall be subject to the final approval of acceptance thereof by the Town Highway Superintendent: Delivery to the Town Clerk of performance bonds or letters of credit in form and substance satisfactory to the Attorney for the Town and in the amount of $175,868.00 for Sections 2 and 3, as reviewed and recommended by the Town Engineer, in full force and effect, conditioned on completion of the Section 2 ROW Roads and all other required improvements for Section 2 in accordance with the Overall Subdivision Plat, the applicable Section Plat, all required plans, conditions and specifications, which bond or letter of credit shall be for an initial period of not less than 2 years renewable in one year increments, and subject to delivery of a maintenance bond. Said security may be provided in the form of a single instrument or separate instruments for the amounts owed for Sections 1, 2, and 3; Delivery of the hold harmless agreement and evidence of the current general liability insurance policy in form satisfactory to the Attorney for the Town; Delivery of a policy of title insurance, or commitment therefore with policy to be delivered at the time of acceptance, with respect to the interest of the Town in the proposed conveyances, subject to only to such exceptions as shall be approved by the Attorney for the Town and as shall be consistent with the Approval Resolutions; Receipt by the Town of payment for any and all outstanding consultant invoices included estimated costs, bringing the escrow account for development review costs fully up to date; Deposit with the Town Clerk of the escrow for inspection fees for the roads and required improvements for the applicable Section in the amounts specified in the Engineer's approval letter referred to in (vii) above, the Town Clerk having received a deposit of $25,000.00 dated July 11, 2019; Receipt by the Town Clerk of the required incentive zoning fees for Sections 2, which is calculated as $66,097.40 as of the date hereof, or as it may be updated pursuant to § 143-49.2 of the Town Code; Final executed forms of the documents referred to in (i) through (iii) above with an undertaking for proper recording thereof approved by the Attorney for the Town; and Filing of the approved stamped subdivision map(s) in the form referred to herein with only such changes with respect to the proposed roads and easements as shall be approved by this Board after approval by the Highway Superintendent and Town Engineer.
  3. Acceptance of the Irrevocable Offers referred to in (iv) thorough (v) above and commencement of construction of the Section 3 improvements described in the Section 3 Plat is authorized upon completion of the following conditions; provided, however, that the Town reserves the right to determine whether to accept said easements described in the Irrevocable Offers in its sole discretion upon completion thereof: Delivery to the Town Clerk of performance bonds or letters of credit in form and substance satisfactory to the Attorney for the Town and in the amount of $175,868.00 for Sections 2 and 3, as reviewed and recommended by the Town Engineer, in full force and effect, conditioned on completion of all required improvements for Section 3 in accordance with the Overall Subdivision Plat, the applicable Section Plat, all required plans, conditions and specifications, which bond or letter of credit shall be for an initial period of not less than 2 years renewable in one year increments, and subject to delivery of a maintenance bond. Said security may be provided in the form of a single instrument or separate instruments for the amounts owed for Sections 1, 2, and 3; Delivery of the hold harmless agreement and evidence of the current general liability insurance policy in form satisfactory to the Attorney for the Town; Delivery of a policy of title insurance, or commitment therefore with policy to be delivered at the time of acceptance, with respect to the interest of the Town in the proposed conveyances, subject to only to such exceptions as shall be approved by the Attorney for the Town and as shall be consistent with the Approval Resolutions; Receipt by the Town of payment for any and all outstanding consultant invoices included estimated costs, bringing the escrow account for development review costs fully up to date; Deposit with the Town Clerk of the escrow for inspection fees for the roads and required improvements for the applicable Section in the amounts specified in the Engineer's approval letter referred to in (vii) above, the Town Clerk having received a deposit of $25,000.00 dated July 11, 2019; Receipt by the Town Clerk of the required incentive zoning fees for Sections 3, which is calculated as $85,926.62 as of the date hereof, or as it may be updated pursuant to § 143-49.2 of the Town Code; Final executed forms of the documents referred to in (iv) through (v) above with an undertaking for proper recording thereof approved by the Attorney for the Town; and Filing of the approved stamped subdivision map(s) in the form referred to herein with only such changes with respect to the proposed roads and easements as shall be approved by this Board after approval by the Highway Superintendent and Town Engineer.
  4. The Supervisor, Town Engineer, Attorney for the Town and the Superintendent of Highways may take all steps reasonable and necessary in consultation with the Attorney for the Town to implement the intent of this resolution.
Whereas
  • WHEREAS, the Town of Red Hook Planning Board adopted a resolution on August 15, 2016, entitled, 'Resolution Granting Site Plan Approval to Hoffman Property Traditional Neighborhood Development' and a resolution on August 15, 2016 entitled 'Resolution Granting Approval to Final Subdivision Plan and Incentive Zoning for Hoffman Property Traditional Neighborhood Development Subdivision,' for a 102-lot residential community development project known as the 'Hoffman Property' (the 'Hoffman TND Project'), which gave permission to file the subdivision plat in sections, and required that the section plats be filed in numerical order; and which resolutions were duly filed in the office of the Town Clerk on August 16, 2016; and
  • WHEREAS, Red Hook Acres, LLC, as part of its development plan for the Hoffman TND Project, offered to dedicate a certain parcel or parcels of land within the project for highway purposes and associated drainage easements, as shown on a drawing set prepared by LRC Group, Project Engineers, entitled 'Final Site Plan and Overall Subdivision Plan Set for Hoffman Property,' last revised on August 15, 2018, and as provided in the proposed subdivision for the for the 102 lot residential community and Lot 103 on drawings prepared by LRC Group, Project Engineers, entitled 'Hoffman Property Final Subdivision Plat' last revised on August 15, 2018, including the 'Hoffman Subdivision Section Plat #1,' last revised on August 15, 2018; and
  • WHEREAS, on September 26, 2018, pursuant to the Planning Board resolutions of August 15, 2016, the Town of Red Hook Town Board adopted Resolution #60 of 2018 regarding offers of cession for roads and easements for Section 1 of the Hoffman TND Project; and
  • WHEREAS, as a condition of Resolution #60 of 2018, the developer of the Hoffman TND Project delivered to the Town Clerk a performance bond or letter of credit in the amount of $373,720.00 regarding Section 1 of the Hoffman TND Project; and
  • WHEREAS, the Hoffman TND Project is now referred to as 'Tradition at Red Hook,' which still contemplates the development of a 102-lot residential community with accompanying common areas (the 'Project'); and
  • WHEREAS, the Town of Red Hook Planning Board adopted two Resolutions on April 1, 2019, entitled, respectively, 'Resolution Granting Amended Site Plan Approval to Tradition of Red Hook (Formerly Hoffman TND),' (hereinafter referred to 'Amended Site Plan Approval Resolution') and 'Resolution Granting Approval to the Amended Final Subdivision Plat for Tradition at Red Hook (Formerly Hoffman TND),' (hereinafter referred to as 'Amended Subdivision Approval Resolution' and together with the Amended Site Plan Approval Resolution, the '2019 Approval Resolutions'), which Amended Subdivision Approval Resolution gave permission to file the Subdivision Plat in Sections, and required that the Section Plats be filed in numerical order; both of which 2019 Approval Resolutions were duly filed in the office of the Town Clerk on April 2, 2019; and
  • WHEREAS, pursuant to the 2019 Approval Resolutions, 25 Old Farm Road Development, LLC (the 'Owner') has been granted conditional final approval by the Town of Red Hook Planning Board for the Project; and
  • WHEREAS, the Owner, as part of its development plan for the Project, has offered to dedicate a certain parcel or parcels of land within the Project for highway purposes and associated drainage easements, as shown on a drawing set prepared by LRC Group, Project Engineers, entitled 'Site Plan Submission Set for Tradition at Red Hook,' last revised on May 7, 2019, and as provided in the proposed subdivision for the for the 102-lot residential community on drawings prepared by LRC Group, Project Engineers, entitled 'Hoffman Property Final Subdivision Plat' last revised on August 15, 2018 ('Overall Subdivision Plat') and the 'Tradition at Red Hook, Final Subdivision Plat, Section Plat #2', last revised on July 12, 2019 ('Section 2 Plat') and 'Tradition at Red Hook, Final Subdivision Plat, Section Plat #3', last revised on July 12, 2019 ('Section 3 Plat'); and
  • WHEREAS, the Owner has submitted for approval the following: Regarding Section 2: an Irrevocable Offer of Cession for a portion of Benson Loop and a portion of Schuyler Drive, collectively referred to in the plat as 'S-2 ROW-1', with an attached draft deed for dedication of such roads; an Irrevocable Offer of Cession for a Town Access Easement (S2-Town Access Easement-1), with an attached draft easement; an Irrevocable Offer of Cession for a Temporary Snow Storage Easement (S-2 Temporary Snow Storage Easement-1), with an attached draft easement; Regarding Section 3: an Irrevocable Offer of Cession for a Town Stormwater Easement (S-3 Town Stormwater Easement-1), with an attached draft easement; an Irrevocable Offer of Cession for a Town Snow Storage Easement (S3-Town Snow Storage Easement1), with an attached draft easement; Regarding Sections 2 and 3: a letter of the Highway Superintendent dated July 30, 2019 regarding approval of plans and specifications for road and stormwater improvements; a letter of the Town Engineer dated July 31, 2019 regarding approval of plans and specifications and estimates of the cost of construction and inspection of certain improvements required by the 2019 Approval Resolutions for Sections 2 and 3 and an update for Section 1; and an updated list of required easements by section prepared by LRC Group, Project Engineers, dated April 18, 2019.
  • WHEREAS, by letter dated July 31, 2019, the Town Engineer has notified the Town Board that a portion of the improvements contemplated under Section 1 of the Project have been satisfactorily completed, and that an estimate of the uncompleted improvements in Section 1 is $54,395.00, and that it is recommended that the bond amount required for Section 1 be reduced accordingly; and
  • WHEREAS, the acceptance of the Irrevocable Offers defined in (i) through (v) above is in the best interests of the Town subject to the conditions set forth herein.

Supersedes

60-2018
Subject key: tradition_at_red_hook_sections_2_3