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No. 11-200 Date of Adoption Utcbm f 2011
AUTHORIZING THE REDUCTION OF PERFORMANCE GUARANTY
CASE NO. ZB -08 -011/ CLEAN EARTH OF CARTERET, LLC
WHEREAS, The applicant, Clean Earth of Carteret, LLC, has requested a reduction of
its performance guaranty for time above referenced development project Case No. ZB -08-
01 l) 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 time Borough's Director of
Engineering, John P. DuPont, P.E., who has recommended that the performance
guarantee be reduced from $1,482,000.00 to $185,000.00.
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 $185,000.00 subject to the
following conditions:
(1) That upon the posting of a replacement performance bond in the amount
of $166,500.00, and the required ten (10 %) cash portion in the amount of
$18,500.00, or an equivalent guarantee, the presently posted form(s) of
performance guarantee shall be released to the applicant.
(2) That, 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 attorney.
Adopted this 20" day of October, 2011
and certified as a true copy of the
original on October 21, 2011.
KATHLEEN M. BARNEY, MMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.B.
COUNCILMAN
YES
NO
NV
A.B.
BELLINO
X
KRf)M
R
DIAZ
X
NAPLES
X
DIPIASCIO
SITARZ
X
X - Indicate Vote AB - Absent NV - Not Voting
XOR- I ndnau,s Vote to Overtule Veto
Adopted at a meeting of the Municipal Council
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DANIEL J. REIMAN, MAYOR
DEPARTMENT OF MUNICIPAL ENGINEERING & PUBLIC WORKS
JOHN P. DuPONT P.E., C.M.E., P.P.
DjucroR
September 27, 2011
Mayor & Council
Borough of Carteret
61 Cooke Avenue
Carteret, NJ 07008
Re: Clean Earth of Carteret LLC
24 Middlesex Avenue
Case No. ZB -08 -011
Dear Mayor & Council:
Working together to build a Getter Cartrret
Our office has performed several site inspections on the above referenced property to
ensure that the improvements were made in compliance with the approved plan. At this
time a substantial amount of improvements have been completed.
The builder has requested that a portion of their performance bond be released. The
original performance bond was $1,482,000.00. Based upon the work which has been
completed, my office would support a reduction in the performance bond to $185,000.00.
This reduced bond amount is still greater than the maintenance bond which the Borough
will receive prior to the issuance of a final certificate of occupancy.
Should you have any questions or require any additional information, please feel free to
contact my office.
Very truly yours,
John P. DuPont, P. E.
Director of Engineering
Cc: Mr. Anthony Neibert
Ms. Gloria Lisicki
Word:\ data \eng\ zoning\ cl"reanbpartialbondrelease .doc
C
Memorial Municipal Building 61 Cooke Avenue Carteret, New Jersey 07008
Tel: 732 -541 -3847 • Fax: 732 -541 -4504 • Email:dupontj @carteret.net tw I I
www.carterel.net
l `
t
Working together to build a Getter Cartrret
Our office has performed several site inspections on the above referenced property to
ensure that the improvements were made in compliance with the approved plan. At this
time a substantial amount of improvements have been completed.
The builder has requested that a portion of their performance bond be released. The
original performance bond was $1,482,000.00. Based upon the work which has been
completed, my office would support a reduction in the performance bond to $185,000.00.
This reduced bond amount is still greater than the maintenance bond which the Borough
will receive prior to the issuance of a final certificate of occupancy.
Should you have any questions or require any additional information, please feel free to
contact my office.
Very truly yours,
John P. DuPont, P. E.
Director of Engineering
Cc: Mr. Anthony Neibert
Ms. Gloria Lisicki
Word:\ data \eng\ zoning\ cl"reanbpartialbondrelease .doc
C
Memorial Municipal Building 61 Cooke Avenue Carteret, New Jersey 07008
Tel: 732 -541 -3847 • Fax: 732 -541 -4504 • Email:dupontj @carteret.net tw I I
www.carterel.net
l `