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HomeMy Public PortalAboutr 11-078Pottlutiou of 14E 90ro of garteret, No. 11 -78 Date of AdoptiohP 28 2T1 AUTHORIZING THE REDUCTION OF PERFORMANCE GUARANTY CASE NO. PB -09 -002/ 800 ROOSEVELT AVENUE WHEREAS, The applicant, Prime Lube, bas requested a reduction of its performance guaranty for the above referenced development project (800 Roosevelt Avenue/ Case No. PB -09 -002) and WHEREAS, substantial compliance has been made in the installation of the improvements in a manner consistent with the approved plans thus reducing the amount of work to be completed; and WHEREAS, an 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 $338,278.20 to $84,569.55. NOW, THEREFORE, 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 guarantee be reduced to $84,569.55 subject to the following conditions: (1) That upon the posting of a replacement performance bond in the amount of $76,112.60, and the required ten (10 %) cash portion in the amount of $8,456.95, or an equivalent guarantee, the presently posted form(s) of performance guarantee shall be released to the applicant. (2) Thal, under no circumstances, shall the aforesaid reduction indicate final acceptance of the completed improvements. The final acceptance shall take place only upon the release of the full performance 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 attomey. Adopted this 28" day of April, 2011 and certified as a true copy of the original on April 29, 2011. KATHLEEN M. BARNEY, Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES I NO I NV I A.B. BELLINO X KRUM X DIAZ X NAPLES X D VASCIO SITARZ 4 t x X - Indicate Vote AS - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council �' A 128 CLER: