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332.92 RESOLUTION CONCERNING SETTLEMENT OF AMOUNTS DUE UNDER AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND BGH ENTERPRISES AND THOMAS J. FARONE AND SON, INC. RESOLUTION NO.: 332, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, during February of 1987 an agreement was entered into between the Town of Queensbury and BGH Enterprises and Thomas J. Farone and Son, Inc., a copy of the same as amended being presented at this meeting, whereby certain amounts were agreed to be paid by BGH Enterprises and Thomas J. Farone and Son, Inc., in connection with the establishment of the Peggy Ann Water District, and WHEREAS, BGH Enterprises and Thomas J. Farone and Son, Inc. paid certain amounts due thereunder, including an investment fee for 1987, as due under the agreement, but thereafter, bills were not rendered and payments were not made on further sums owed by BGH Enterprises and Thomas J. Farone and Son, Inc., for investment fees owed under the agreement, due to difficulties with interpretation of the agreement as to amounts owed, and WHEREAS, the Town Attorney for the Town of Queensbury, working with outside counsel, has reviewed the agreement and has presented the Town Board with calculations and amounts that can be determined as being owed under the terms and provisions of the agreement, and WHEREAS, the Town Board of the Town of Queensbury has reviewed this matter with the Town Attorney and has determined that the appropriate sum to be paid by the developer to settle claims against the developer as a result of the agreement, would be $37,386.10, and WHEREAS, the developer has agreed to make this payment, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes settlement of the claims against the developers in the amount of $37,386.10, and further authorizes the Town Supervisor to execute any other documents that may be necessary to indicate that the Town's claims under the agreement have been satisfied insofar as they relate to BGH Enterprises and Thomas J. Farone and Son, Inc., and BE IT FURTHER, RESOLVED, that moneys collected pursuant to the agreement shall be paid into the appropriate Queensbury Consolidated Water District Accounts. Duly adopted this 15th day of June, 1992, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None