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783.93 RESOLUTION AUTHORIZING ESCROW AGREEMENT RESOLUTION NO. 783, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, pursuant to a resolution dated July 21, 1992, the Town of Queensbury Planning Board approved a revised site plan for the Queensbury Plaza and in accordance with the revised site plan, the Olive Garden Restaurant has been constructed, and WHEREAS, the Olive Garden Restaurant is nearly complete but requires the issuance of a certificate of occupancy from the Town before it can legally be open and operated, and WHEREAS, all of the site plan conditions required by the Town of Queensbury Planning Board with respect to the portion of the Plaza north of the entrance drive on New York State Route 9 (which area of the Plaza contains the Olive Garden Restaurant) have been completed with the exception of certain curbing and landscaping, and WHEREAS, it is not practical to complete such curbing and landscaping at this time due to weather considerations, and WHEREAS, the owner has proposed to place funds in escrow to cover the cost of completing the curbing and landscaping, and therefore be granted a temporary certificate of occupancy, and WHEREAS, the Town Board of the Town of Queensbury is in favor of such proposal, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the issuance of a temporary certificate of occupancy for the Olive Garden Restaurant, conditioned upon the placing of $12,000 in escrow with the Town of Queensbury to cover improvements, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Escrow Agreement presented at this meeting and hereby authorizes the Town Supervisor to execute the same on behalf of the Town and also hereby authorizes James M. Martin to be the Escrow Agent for the agreement with the understanding that the funds will be deposited through the Town's Accounting Offices in the appropriate bank as required by the Escrow Agreement. Duly adopted this 27th day of December, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: Mr. Caimano