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2007-2132007-213 COPY Resolution Authorizing Return of Escrow for Road Completion at Intersection of Theresa Boulevard and Cedar Hill Road At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on October 9`h, 2007. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Joseph Ruggiero William H. Beale Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, on or about November 9`h, 2005, Jay Duhamel deposited One Thousand, Five Hundred Dollars and 00/100 ($1,500.00) with the Town of Wappinger for the work at the intersection of Theresa Boulevard and Cedar Hill Road, and WHEREAS, Jay Duhamel has requested a refund in the amount of One Thousand, Five Hundred Dollars and 00/100 ($1,500.00), and has been approved by Graham Foster, Highway Superintendent, in a letter dated September 27a', 2007. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of One Thousand, Five Hundred Dollars and 00/100 ($1,500.00) made payable to Jay Duhamel, JJD Enterprises, Inc., for the refund of the unused escrow deposited for the work to be done at the intersection of Theresa Boulevard and Cedar Hill Road. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE Dated: Wappingers Falls, New York 10/9/2007 The Resolution is hereby duly declared adopted. (k Ckz-L, JqVN C. MA ERSON, TOWN CLERK SUPERINTENDENT GRAHAM FOSTER September 27, 2007 TOWN OF WAPPINGER HIGHWAY DEPARTMENT 10 Highway Drive WAPPINGERS FALLS, NY 12590 (845)297-9451 FAX: (845) 298-0524 TO: JEAN GALLUCCI FROM: GRAHAM FOSTER SUBJECT: ROAD OPENING BOND, SEE ATTACHED ///-/i /?pye7 d"1 el- W p -c it SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI The attached letter is from Jay Duhamel, who is requesting the return of a $1500.00 road opening bond. The work on the Town road has been completed and I suggest we return Mr. Duhamel's escrow. F. 1 F e1 September 21, 2007 Town of Wdppinger Highway Department 20 Middlebush Road Wappinger Falls, NY 12590 Dear Mr. Foster, We respectfully request the release oftlic cash ptifummijcC bond submitted to your office for the work at the intersection of Theresa Blvd and Cedar Hill road. We %x1 thr, manholr,. Asphait pav,�intln(, pub-bxcc, 2nd shoulder work hnvo bean reAmcd to the requirernenty of the town of Wappingui i iglu-vity Department. Please forward a check to .lay nuhamel, JJD Enterprises, Inc., 74 Deer 1 -Jill Avtiiut�, Dunbury, CT 06810. We appreciate the opportunity to work with your department. And, if there are any outstanding issues or concerns, feel free to contact roe anytime at (203) 470 5421. Thank ynru in advance for your time in this matter. Sincerely, Jay Duhamel TOWN OF WAPPINGER 20 Middlebush Road Wappingers Falls, NY 12590 Date No 09636 -jr) Received of 1) L) h ct M r- b0,0 Dollars For'_,., uj Distribution Code Amount 4 By Supervisor Permit No. v� PERMIT FOR WORK ON TOWN OF WAPPINGER ROAD Name of Applicant: Address of Applicant: �y Nature of Work:_ YIK7 I S�i f� T / 7 7rn�r'S,4 Location of Work: Approximate Starting Date:_ t� i Approximate Finishing Date: Estimated Cost Work: CONDITIONS ND RESTRICTIONS /SJoo �ru>�bA�L Permit shall not be assigned or trans {erred tout the written consent o e Town Highway Supenntendcnt. The said applicant hereby agrees to hold the Town harmless on account of damages o{ any kind which ma_: anse during the progress of the work authorized by this Permit. Applicant certifies all persons concerned with actual work under this permit are duly covered by Workmen's Compensation Insurance and the Town shall be held harmless on account thereof. Work under this permit shall commence within 30 days of date of permit and be continued in an expeditious manner. LVhere a structure is to be built, applicant shall submit a detailed plan of said structure and a description of the method of construction. it is agreed that should any change or alteration in the highway, its construction or use, cause alterations or changes to be made in the work intended to be done by this permit, then and in that case the applicant, upon re - sonable notice from the Superintendent, shall make such changes or alterations in this work at -his own expense anc within the time specified in this notice. n this section of the highway while the work is in progress and ur.ul Traffic shall be maintained by the applicant o its final completion. The applicant, for himself, his distributees and personal representatives, covenants and agrees to defend any action or judgment recovered therein brought or found against the Town of Wappinger for negligence arising out of any claim for damages or injuries to others, that the work and construction was defective, improperly protected or completed and to pay any judgment recovered on account of said claim. e defense of aris- ing hThe Towshll hveereunder, allafeesaandt disbhe g sementseforht to selct counsel same topbesent paidibyothehapplicant hereiny claim, suit or action ans Applicant shall file with the Superintendent a certificate of insurance indicating that the Town has been named as primary insured under an insurance policy in the amounts of 300/5oo thousand dollars for bodily injury and 50 thousand dollars for property damage. Applicant shall post bond or certified check in such amount as to cover the probable expense to the Town of rc storation by the Town of any highwordinance ay to its former condition and to guarantee the performance by the applicant o! all of the conditions contained in the permit and compliance with the appropriate o Applicant shall be responsible for all damages caused to public utilities and shall replace any cracked or damaged sewer pipe or water mains with new pipe. Applicant shall maintain restored. portion for one year after its restoration. Applicant shall take every reasonable precaution to properly warn all persons of any danger during the course of the work. A fee of $50for the permit shall be deposited with the Superintendent upon its issuance 4L CONDITIONS anted this permit the undersigned applican'- tions described. APPROVED: own uP erinten ent o ig w�