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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