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395.95 RESOLUTION ACCEPTING DEDICATION OF SANITARY SEWER MAINS & MANHOLES CONCERNING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION, ROUTE 9 SEWER DISTRICT EXTENSION RESOLUTION NO.: 395, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Michael O. Shaw, Director of the Town of Queensbury Waste Water Department has advised that Wal Mart Stores, in accordance with an Agreement reached with the Town of Queensbury, and resolution no. 440. 94, installed a sanitary sewer system, manholes, and necessary or desirable components and appurtenances thereof, and WHEREAS, in accordance with said Agreement, Wal Mart Stores has agreed to grant and release to the Town of Queensbury all right, title, and interest in and to said sanitary sewer system and components and appurtenances thereof, and WHEREAS, Mr. Shaw has indicated that the sewer system is now complete, with the exception of certain items delineated on his Memo/Punch List to Fred Champagne, Supervisor, dated July 6, 1995, and has recommended that the monies held in escrow in the amount of $90,000 be retained as assurance that such work will be performed, and WHEREAS, the aforesaid Agreement also provides for the amount of 2% or $1,000. whichever is greater, to be kept in the escrow fund for a period of one year, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its acceptance of the grant and release of all right, title, and interest in said sanitary sewer system and components and appurtenances thereof, with the understanding that the developer has the clear, legal right and title to make such conveyance of title, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby retains the $90,000 in escrow until such time that each item on the Punch List referred to hereinabove is satisfactorily addressed, and that at the time the items have been satisfactorily addressed, the Town Board of the Town of Queensbury will then release the escrow funds previously retained by the Town, to the extent that all escrow funds held in accordance with the Agreement between the Town of Queensbury and Wal Mart Stores be released with the exception of 1) the sum of 2% or $1,000., whichever is greater, be kept for a period of one year, and 2) the sum of one-half of one percent of the interest earned on the escrow fund since the day of deposit as a service charge. Duly adopted this 10th day of July, 1995 by the following vote: AYES: Mrs. Pulver, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT:Mrs. Monahan