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409.96 RESOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS RESOLUTION NO.: 409, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 395, 95, indicated its acceptance of the sanitary sewer system, manholes, and necessary or desirable components and appurtenances, installed by Wal-Mart Stores concerning the Central Queensbury Quaker Road Sewer District Extension, Route 9 Sewer District Extension, and WHEREAS, the Town Board of the Town of Queensbury, at the time of acceptance, also authorized the release of certain escrow funds previously retained by the Town as part of the agreement concerning construction of the sanitary sewer system, with the exception of a certain sum to be kept for a period of one year, ($90,000), and WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 170, 96 authorized the return of the sum of $74,677.22 to Wal-Mart, which sum was the net result of the $90,000 deposit plus interest, but minus the service charge, buy-in, guarantee, and outstanding punch list fees, and WHEREAS, the items on the outstanding punch list have been satisfactorily addressed and the one-year guarantee has been completed, and WHEREAS, the amount to be refunded is $4,200 plus interest (one-year guarantee $1,800 plus $2,400 outstanding punch list), and WHEREAS, Wal-Mart is requesting that this sum of $4,200 plus interest held in escrow be returned, and WHEREAS, Michael Shaw, Deputy Waste Water Superintendent, in his memo dated September 17, 1996, a copy of which has been presented at this meeting, has recommended the release of the escrow funds held by the Town, plus interest earned on the funds, but minus the buy-in fee to the Glens Falls Wastewater Treatment Plant in the amount of $14,107.20, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the return of the sum of $4,200 plus interest at the time of refund to Wal-Mart in accordance with the above. Duly adopted this 7th day of October, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None