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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,(