2009-3312009-331
Resolution Authorizing Execution of Settlement Agreement Relating to Claims Against
O'Donnell Group, LLC
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on October
13, 2009.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale (arrived at 6:08 PM)
Vincent F. Bettina (departed 8:48 PM)
Maureen McCarthy (arrived at 7:28 PM)
Joseph P. Paolom
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, the O'Donnell Group, LLC (hereinafter "O'Donnell"), is the owner and
developer of a subdivision in the Town of Wappinger located at All Angels Hill Road, near its
intersection with Old Hopewell Road, known as the Meadowood I Subdivision; and
WHEREAS, as a condition of the subdivision approval of the property and pursuant to
the Town of Wappinger Code, O'Donnell was required to reimburse the Town for all inspection
fees charged by the Town's engineering firm for inspections and monitoring of the installation
and placement of required improvements for the subdivision, specifically the construction and
installation of utilities, water pipes, drainage pipes and roads, as O'Donnell, or its agents,
performed such work; and
WHEREAS, the Town has paid its engineering firm the total sum of $70,253.00 for such
inspection fees; and
WHEREAS, O'Donnell had previously deposited the sum of $22,700.00 with the Town
in escrow to be used to pay for such inspection fees; and
WHEREAS, there remains a balance due the Town in the sum of $47,553.00; and
WHEREAS, O'Donnell has denied its full obligation to reimburse the Town for the
engineering inspection fees incurred by the Town because of the Town's failure to properly
notify O'Donnell of such fees as they were incurred; and
WHEREAS, after much deliberation and negotiation, the Town and O'Donnell have
agreed to settle their differences; and
WHEREAS, the terms of settlement are contained in a Settlement Agreement which has
been reviewed by the Town Board with its attorney in Executive Session this date,
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby determines that the terms and conditions set forth in the
Settlement Agreement, a copy of which is affixed to this Resolution, are
reasonable and acceptable after weighing all of the facts and circumstances
surrounding this matter, the costs of further litigation and the potential defenses
available to O'Donnell.
3. The Town Board hereby authorizes Supervisor Christopher J. Colsey to execute
the Settlement Agreement in the form annexed hereto, by and on behalf of the
Town of Wappinger, and to further execute a General Release also in the form
affixed hereto upon receipt of payment in the sum of $45,000.00 in full and
complete satisfaction of all outstanding claims the Town has for construction and
inspection fees in connection with the Meadowood I Subdivision.
4. As a condition to the execution of this Settlement Agreement, the O'Donnell
Group is to deliver to the Town a fully executed General Release in the form
annexed hereto as part of the consideration for this settlement.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
ABSENT
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
10/13/2009
The Resolution is hereby duly declared adopted.
HN C. MASTERSON, TOWN CLERK
OCT -08-2009 THU 03;53 PM VERGILIS,STENGER,ROBERTS FAX NO, 8452982842 P, 03
SETTLEMENT AGREEMENT
This Agreement made the � day of October, 2009, b and between .
Y the
TOWN OF WAPPINGER, acting by its elected Town Board, a municipal corporation
with its offices at 20 Middlebash Road, Wappingers Falls, New York (the "Town"), and
O'DONNELL GROUP, LLC, a Limited .Liability Company organized and existing by
virtue of the laws of the State of New York, with its offices at 62 Carpenter Road,
Hopewell Junction, New York 12533 ("O'DONNELL").
FACTUAL SITUATION
O'DONNELL is the owner and developer of subdivision in the Town of
Wappinger located at All Angels Hill. Road near its intersection with Old Hopewell. Road.
As a condition of the subdivision approval for the property, and pursuant to the Town of
Wappinger Code, O'DONNELL was required to reimburse the Town for the inspection
fees charged by the Town's engineering firm as the engineering firm inspected and
monitored the installation and placement of the required improvements for the
subdivision, specifically the construction and installation of utilities, water pipes,
drainage pipes, and roads, as O'DONNELL, or its agents, was performing that work.
O'DONNELL had deposited the sum of $22,700.00 with the Town in escrow to ensure
such reimbursement. The Town has paid its engineering fhn the total sum of $70,253.00
for such inspection fees leaving an unpaid balance due the Town in the sum of $47,553.
O'DONNELL has denied that it has a Full obligation to reimburse the Town for the
engineering fees incurred by the Town for such inspection work.
After much consideration, the parties have agreed to settle their differences
concerning these engineering fees under the following terms and conditions:
OCT -08-2009 THU 03;53 PM VERGILIS,STENGER,ROBERTS FAX NO, 8452982842 P. 04
1. The Town has agreed to accept the sum of $45,000 from O'DONNELL in full
andfinal settlement of the claims for its claim for the engineering fees.
2. O'DONNELL has agreed to pay $45,000 in full satisfaction of the Town's
claim for the engineering fees.
3. O'DONNELL shall deliver to the Town of Wappinger Clerk the sum of
$45,000 by bank or certified check no Later than 12:00 P.M. on Thursday, October 8,
2009.
4. Upon receipt of the $45,000 as described in paragraph 3 above, the Town and
O'DONNELL shall each execute and exchange general Releases in the form attached
hereto,
5. Upon the receipt of the funds and the exchange of Releases, the claims that
each have asserted or will have asserted against the other shall be deemed resolved.
6. The acceptance of this Agreement by the Town is subject to a formal
Resolution approving this Agreement bygraTown Board,
WAPP
Christopher Colsey,
' ROUP, LLC
>.
John O'DonneIl
Pa
OCT -08-2009 THU 03:53 PM VERGILIS,STENGER,ROBERTS FAX NO, 8452982842
STATE OF NEW YORK )
COUNTY OF DUTCHESS )
O.n the/ day of October, 2009, before me, the undersigned, personally
appeared CF TOPMR COLSEY known to me or proved to me ou 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 ill his capacity, and that by
his signature on the instrument, the individuals, or the person upa behalf of whic],. the
individuals acted, executed the instrument.
STATE OF NEW YORK
COUNTY OF DUTCHESS
GERALD A. VERGILIS
ss: Notary Public, State of New York
Qualified in Dutchess County
Commission Expires December 31, 20
A
On the day of October, 2009, before me, the undersigned, personally
appeared JOHN 0"DONNELL
PP known to t'ne or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to 47dthmatsbyllis
hin trument and
acknowledged to me that he executed the same in his ca signature
on the instrument, the individuals, or the personuparybehalf of 1uch, the individuals
m
acted, executed the instruent. �� --/-7
/-7
btary Public
CHRISTINE A. PRENTICE
Not try Public, State of New York
Qualified in Duto!-e-,s County
ivo. 4FS C s93
Commission Expires January 22,
GENERAL RELEASE
To all to whom these Presents shall come or may Concern, Know That
TOWN OF WAPPINGER with an address of 20 Middlebush Road, Wappingers Falls, New
York 12590, as RELEASOR, in consideration of the sum of
FORTY FIVE THOUSAND DOLLARS and 00/100 ($45,000.00)
received from O'DONNELL GROUP, LLC, with an address of 62 Carpenter Road, Hopewell
Junction, New York 12533 as RELEASEE,
receipt whereof is hereby acknowledged, releases and discharges
RELEASEES, RELEASEES' heirs, executors, administrators, successors and assigns from all
actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses,
damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or
equity, which against the RELEASEES, the RELEASOR, RELEASOR'S heirs, executors,
administrators, successors and assigns ever had, now have or hereafter can, shall or may, have
for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of the world
to the day of the date of this RELEASE with respect to reimbursements for engineering
inspection fees due by the RELEASEE to the RELEASOR and undertaken in connection with
the Meadowood Section I, Parcel I Subdivision located in the Town of Wappinger.
This Release is given in full and final settlement, and specifically limited to any and all
claims by either party against the other involving payment of construction engineering inspection
fees involving the Meadowood Section I, Parcel I Subdivision located in the Town of
Wappinger.
The words "RELEASOR" and "RELEASEE" include all releasors and all releasees under
this RELEASE.
This RELEASE may not be changed orally.
n Witness er o , the RELEASOR has hereunto set RELEASOR'S hand and seal on
th�3 day of , 2009.
In presence of
L.S.
STATE OF NEW YPVFM COUNTY OF DUTCHESS ss:
j
On - 2009 before me, the undersigned, personally appeared
CHRISTOPHER COLSEY
personally mown 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 � , the individual, or the person
upon behalf of which the individual acted, execut.
GERALD A. VERGILIS
Notary Public, State of New York
Qualified in Dutchess County
Commission Expires December 31, 20��
OCT -08-2009 THU 03;54 PM VERGILIS,STENGER,ROBERTS FAX NO. 8452982842 P, 06
GENERAL RELEASE
To all to whom these Presents shall come or may Concern, Know That
O'DONNELL GROUP, LLC, with offices at 62 Carpenter Road, Hopewell Sunction, New York
12533 as RELEASOR, in consideration of the sum of
One Dollar and 00/100 ($1,00)
received from TOWN OF WAPPINGER, with an address of 20 Middlebush Road, Wappingers
Falls, New York 12590 as RELEASEE,
receipt whereof is hereby acknowledged, releases and discharges
RELEASEES, RELEASEES' heirs, executors, administrators, successors and assigns from all
actions, causes of action, suits, debts, does, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses,
damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or
equity, which against the RELEASEES, the RELEASOR, RELEASOR'S heirs, executors,
administrators, successors and assigns ever had, now have or hereafter can, shall or may, 1. ve
for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of the world
to the day of the date of flus RELEASE with respect to reimbursements for engineering
inspection fees due by the RELEASOR to the RELEASEE and undertaken. in connection with
the Ivleadowood Section I, Parcel I Subdivision located in the Town of V4Wappinger.
This Release is given in full. andfinal settlement, and specifically limited to any and all
claims by either party against the other involving payment of construction engineering inspection
fees involving the Meadowood Section,1, Parcel I Subdivision located in the Town of
Wappin.ger.
The words "RELEASOR" and "RELEASEE" include all releasors and all releasees under
this RELEASE.
This RELEASE may not be changed orally.
� hfiess Ch eo , the RELEASOR has hereunto set RELEASOR'S hand and seal on
the day of , 2009.
In Presence of O'DONNELL GROUP, LLC
' ell
OCT -08-2009 THU 03:54 PM VERGILIS,STENGER,ROBERTS FAX NO, 8452982842
STATE OF NEW YgOM COUNTY OF DLTTCI-MSS ss:
On ! '2009 before me, the undersigned, personally appeared
JOHN O'DONNELL
personally lai.own to me or proved to we on the t
ma
whose name is subscribed to the within instn
same in his capacity, and that by his signature on
upon behalf of which the individual acted execul
Public
P. 07
of satisfactory evidence to be the individual
d acknowledged to me that he executed the
isiqumeri , the ndividual, or the person
CHRISTINE A. PRENTICE
Notary Public State of New York
Qualified in L)utchess County
No. 4976893 /
Commission Expires January 22,(