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HomeMy Public PortalAboutr 11-037Co. e 'oohlfioxt of the '�Qoxogtj of Qlttxteret, �N' �J- 11- 3 7 Feb 17 2011 Date of Adoption Y1 -taly f AUTHORIZING THE REDUCTION OF PERFOR - AIANCE GUARANTY CASE NOS. Z13- 04,1102, ZB -04 -014, ZB- 05-004 S ZB -06 -017/ 50 MIDDLESEX AVENUE WHEREAS, The applicant, Port Reading - Carteret (ProLogis), has requested a reduction of its performance guaranty for the above referenced development project (50 Middlesex Avenue/ Case Nos, ZB- 04,002, ZB -04 -014, ZB- 05 -004 SZB -06 -017); and WITFREAS, substantial compliance has been made in the installation of the improvements in a manner consistent with the approved plans thus redheing the amount of work to be completed; and IVHEREAS, rut inspection of the project was performed by the Borough's Director of Engineering, John P. DuPont, P.E., who has recommended that the performance guarantee be reduced from $2,309,553.00 to $121,044.00. NOW, TBEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Carteret that, based upon the recommendation of the Borough's Director of Engineering, a copy of which is attached hereto and made a part hereof, that the aforementioned performance gumartee be reduced to $121,044.00 subject to the following conditions: (1) That upon the posting of a replacement performance bond in the amount of $108,939.60, and the required ten (10 %) cash portion in the amount of $12,104.40, or an equivalent guarantee, lire presently posted fonn(s) of performance guarantee shall be releaser) to the applicant. (2) That, under no circumstances, shalt the aforesaid reduction indicate final acceptance of the completed improvements. The final acceptance - shall take place only upon lire release of the full perfomrmnce bond and the posting of the required maintenance bond for the aforesaid project. (3) That a copy of this Resolution be forwarded to Gloria Lisicki in the Borough's Finance Department, the Borough's Director of Engineering, the Planning and Zoning Office, and to applicant's attorney. Adopted this 17 day of Febntary , 2011 and certified as a tmggopy of the original on February- , 2011. KATHLEEN M. BARNEY, RMC /CMC \Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES I NOLNVLA.B. BELLING X KRIPt X X X DL4Z Ar WSCTO X X —DT X - Indicate Vate AB - Absent NV - Nat Voting XOR Indicates Vote to Overmle Veto r Adopted at a meeting of the Municipal Council Febnmy 17, 2011 CLERK