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476.92 RESOLUTION CONCERNING THE PAVEMENT OF ROADS IN THE QUAKER RIDGE COMMERCIAL PLAZA, I.E., QUAKER RIDGE BOULEVARD AND EAST QUAKER SERVICE ROAD RESOLUTION NO.: 476, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, during the year 1988, the Town of Queensbury accepted the dedication of certain roads by the Earltown Corporation in the proposed Quaker Ridge Commercial Plaza, said roads being the Quaker Ridge Boulevard and East Quaker Service Road, and WHEREAS, at the time that the roads were dedicated, the same did not have applied thereto, an asphalt top-coat, and WHEREAS, the Earltown Corporation promised to apply such top- coat and the Town accepted dedication of the roads, and WHEREAS, Earltown Corporation further provided an irrevocable letter of credit in the amount of $40,000.00 to provide the Town with security in the event that the top-coat was not applied as promised, and WHEREAS, subsequent to the irrevocable letter of credit, an amendment was issued thereto, indicating that the same would not expire unless 90 days prior to the anniversary date of the letter of credit, the bank providing the same issued a notice that the same would not be renewed, and WHEREAS, the amendment to the letter of credit states that the town upon receipt of a notice as set forth above, may draw the full amount of the credit thereunder against the towns draft only, with the documentation mention therein, and WHEREAS, by letter agreement dated September 26, 1988, a copy of the same being annexed hereto, Earltown Corporation indicated that upon receipt of a notice by the bank that the letter of credit would not be renewed, the Company would have 30 days to produce a new letter of credit, and in the event that the Company failed to post a new credit facility within such a period, it agreed to proceed and complete the highway in accordance with the approved plans and specifications upon written notice from the Town, and WHEREAS, the Fleet Finance Group (Norstar Bank) has indicated it desires to terminate the letter of credit and the Town Deputy Highway Superintendent has indicated a desire to issue notice to the Earltown Corporation that the roads be completed this week and the Town Board is likewise in agreement that the same be completed this week, and in the event that they are not, that an authorization be issued providing for a withdrawal from the aforesaid letter of credit, unless the Earltown Corporation and Norstar Bank renew said letter of credit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to write Earltown Corporation and advise that, together with the Town Deputy Highway Superintendent that the Town Board requires that the roads at the Quaker Ridge Commercial Plaza, the same being Quaker Ridge Boulevard and East Quaker Service Road, be paved this week, but no later than September 8, 1992, or in the alternative, that Earltown Corporation post a new letter of credit on or before September 8, 1992 to protect the Town's interest in the pavement of the roads, and BE IT FURTHER, RESOLVED, that in the event that the Earltown Corporation does not provide for the pavement of the roads or letter of credit as herein provided, the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to provide a signed statement from the Town of Queensbury and signed by the Town Supervisor stating that the roads have not been completed in accordance with the approved plans and specifications and the date for such completion has passed, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to provide and execute such documentation as shall be required to provide for payment under the letter of credit. Duly adopted this 31st day of August, 1992, by the following vote: AYES : Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES : None ABSENT: None