134.94
RESOLUTION AUTHORIZING SETTLEMENT AGREEMENT BETWEEN
THE TOWN OF QUEENSBURY AND JOSEPH R. WUNDERLICH, INC.
RESOLUTION NO. 134, 94
INTRODUCED BY: Mr. Nick Caimano
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town of Queensbury currently retains the amount
of $6,849.93, as retainage on Contract No. 5 with Joseph R.
Wunderlich, Inc., and
WHEREAS, Joseph R. Wunderlich, Inc., has made a demand for the
return of the retainage, and
WHEREAS, the parties have met, reviewed the facts, and
recognize that differing positions exist as to whether and how the
Kaidas Kitchen drainage pipe was damaged, and whether the
settlement made with Kaidas Kitchens should be deducted from the
retainage, and
WHEREAS, the parties are desirous of settling the issue of the
return of the retainage as opposed to litigating or arbitrating the
amount to be returned and a proposed settlement agreement has been
presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby
approves of the proposed settlement agreement referenced
hereinabove, and hereby authorizes and directs the Town Supervisor
to execute said agreement on behalf of the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that payment of said sum shall be paid from the
following accounts: $4,849.93 from #076-8150-2899 and $1,000.00
from #032-1930-4400, and
BE IT FURTHER,
RESOLVED, that a special audit of bills as represented by
Voucher #94001095 in the total amount of $5,849.93, payable to J.
Wunderlich, be and hereby is approved.
Duly adopted this 14th day of March, 1994, by the following
vote:
AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall,
Mr. Champagne
NOES: None
ABSENT: None