The URL can be used to link to this page

Evergreen Estates TOWN OF WAPPINGER P.O. Box 32.4 20 IMocddlebush RaacY PLANNING BOARD Wappingers Falls, NY 125913-3324 d Telephone: (91'4) 2971373 Fax: (91'4) 297-4558 To: Supervisor Smith and Town Board Members From: Linda Nguyen, Secretary Planning Board '�Pfw Fie: Evergreen. Estates- Section I Bond Reduction Bate: May 7, 1999 On May 3, 1999, the Planning Board voted unanimously to recommend to the Town Board to reduce Evergreen Estates-Section I Bond to $75,130.00. Attached you will find Mr. Paggi's memo dated April 27, 1999, Attachment CC: Planning Board Town Planner Town Attorney Town Engineer Town. Clerk Mr. Foster Mr. .Lieberinann Mr. Humeston PAGGI, MARTIN & DEL BENE, LLP. CONSULTING ENGINEERS AND LAND SURVEYORS 54—56 MAIN STREET PHONE(914)471-78981 FAX(914) ' , ' Memo To: Mark Lieberman—Actin Zoning Administrator,Town of Wa o�2�, Acting g ppinger From: Peter J.Paggi It (P CC: Planning Board,Town of Wappinger 0 0 Hon.Constance O.Smith, Supervisor Q� Hon.Vincent Bettina,Councilman 'y Hon.Joseph Paoloni, Councilman Hon.Joseph Ruggiero, Councilman Hon, Robert Valdati, Councilman Albert P. Roberts, Esq. Elaine Snowden,Town Cleric Graham Foster, Highway.Supedntendent Daniel Wery,AICP Roger Humeston,Andlyn Associates, Inc. Date: 04/27/99 Re: Band Reduction Phase I—Evergreen Estates Comments: As per an April 20, 1999 request from Roger Humeston of Andlyn Associates, I have calculated the construction value of the remaining work to be completed for the Evergreen Estates Subdivision, Phase 1. Please note that our original construction cost estimate for the project was $ 389,820 (10/12/94),which was first reduced to$216,348(6/28195),and subsequently to$215,728(5/27/97). The work remaining at the site consists of placing an asphaltic top coat, asphalt curbing, landscape restoration, concrete monuments, street signs, street trees, and final improvements to the retention pond. Utilizing the current(4/99)ENR construction cost index,the remaining work is estimated to have a construction value of$ 62,600. Adding the standard 20% administrative change equates to a total required Bond amount of$75,120. •Page 1 It should be noted that the above figure represents work necessary to complete Evergreen Drive only, No costs have been included for construction of the spur road going to the Rodriguez property(Abigail Road). The required Bond amount for construction of Abigail Road (if it ever occurs) was previously estimated at$77,400(see our correspondence of 9109197).Apparently,the Security for this$77,400 is being covered by an Assignment of Bank Account pledged by Wolfinger Enterprises, Ltd, to the Town of Wappinger as per arrangement with the Planning Board (seecorrespondence from Albe P. Roberts, Esq. dated 7122198). By copy of this letter, I would ask conclusion. that Mr. Roberts confirm this It is the recommendation of this office that a reduction of the current Bond amount to$75,130 would be acceptable. If there are any questions or comment, please feel free to contact this office. Thank you, Cad1 TATA1DRAWINGS\DOC UMENTSIevergreen 1 bond,4.26.99 •Page 2 CONSULTING O. 54—56 MAIN STREET POUGHKEEPSIE,WIN YORK . r PHONE , . , Me o To: Maris Lieberman—Acting Zoning Administrator,Town of Wappinger Frons: Peter J.Paggi CQ Planning Board,Town of Wappinger Hon. Constance O.Smith,Supervisor Hon. Vincent Bettina,Councilman Hon.Joseph Paoloni, Councilman Hon.Joseph Ruggiero, Councilman Hon. Robert Valdati, Councilman Albert P. Roberts,Esq. Elaine Snowden,Town Cleric Graham Foster, Highway,Superintendent Daniel Wery,AICP Roger Humeston,Andlyn Associates, Inc, Date: 04/27/99 Re: Bond Reduction . Phase I—Evergreen Estates Comments: As per an April 20, 1999 request from Roger Humeston of Andlyn Associates, I have calculated the construction value of the remaining work to be completed for the Evergreen Estates Subdivision, Phase I. Please note that our original construction cost estimate for the project was $ 389,820 (10112194),which was first reduced to$216,348 (6128195), and subsequently to$215,728 (5/27197). The work remaining at the site consists of placing an asphaltic top coat, asphalt curring, landscape restoration, concrete monuments, street signs, street trees, and final improvements to the retention pond. Utilizing the current(4199) ENR construction cost index,the remaining work is estimated to have a construction value of$ 62,600, Adding the standard 20% administrative charge equates to a total required Bond amount of$75,120. 0 Page 1 � w It should be noted that the above figure represents work necessary to complete Evergreen Drive only. No costs have been included for construction of the spur road going to the Rodriguez property(Abigail Road). The required Bond amount for construction of Abigail Road (if it ever occurs) was previously estimated at$77,400(see our correspondence of 9109197).Apparently,the Security for this $77,400 is being covered by an Assignment of Sank Account pledged by Wolfinger Enterprises, Ltd. to the Town of Wappinger as per arrangement with the Planning Board (see correspondence from Albert P. Roberts, Esq. dated 7122198), By copy of this letter, I would ask that Mr. Roberts confirm this conclusion. It is the recommendation of this office that a reduction of the current Bond amount to $75,130 would be acceptable. If there are any questions or comment, please feel free to contact this office. Thank you. Cadl1OATArDRAWINGSZCCUMENTSlevergreen1 bond.4.26.99 0 Page 2 04126199•RGM dumpsters available up at Highway, they would be allowed to bring it up- It is not done on a regular basis. ALDATI also wished to know if funds could be ecreation, d to COUNCILMAN V that is going to be used for r develop n recreation land, something Smith answered, yes, if its to be used for such as a teen center`? Super h Purposes. Mr. Roberts explained tat it would have to be a recreational pure senior citizens, etc. community center that could be used for teens, COUNCILMAN BETTINA had no reports any Grants that might be SUPERVISOR SMITH was requested to look into stone, and informed the Board she has found one- Ions and available for Grey ro erty and sell it back Y called Open Space. They purchase the property, work the the reason for that is to give you time to prepare all the necessary t has to get. We qualify for it- We will be receiving the et as governmen Clean Air Open Space.We can g application under the Clean Water, e if its on the Historical Preservation List. She also much as $250 K and more and they to are sP oke to the NYS parks Taconic Offices in Sta etsending us an application interested in giving us assistance. They will b later in the year. BONDS &LETTERS OF CREDIT Resolution and direction of the Town Board at f e In accordance with theProvided the Town ri112, 1999, Andlyn Associates has P Utica meeting of April een Subdivision II issued by Wappinger with a surety bond for Evergr bond number SU2926695 in the amount of Mutual Insurance Company $47,424' rove the surety bond for Evergreen COUNCILMAN gUGGIERO moved to app an in the amount of d by Utica Mutual Insurance Company Subdivision II issue $47,424• Seconded by Mr• Bettina Carried Motion Unanimously Resolution and direction of the Town Board at of e In accordance with the provided the Town meeting of April 12) 1999, Andlyn Associates has Ri'1, Sish�ivi ian Section 1 . Mina VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (914)298-2000 GERALD A.VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS: KENNETH M.STENGER DALE O'DONNELL ALBERT P.ROBERTS AMY E.WOODARD IRA A.PERGAMENT ANTONIA T.LUCIA POUGHKEEPSIE OFFICE JOAN F.GARRETT** 276 MAIN MALL THOMAS R.DAVIS POUGHKEEPSIE,NY 12601 TODD N.ROBINSON** W (914)452-1046 "ADMITC®TO PRAC UCE tiC ■ VED ADDRFSS IMPLY TO:( }POUGEQtEMIB IN NY&FLA. O WAPPINGM -ADMI=TO PRACHCH IN NY&CONN. APR 0 5 1999 .April 1, 1999 ELAINE SNOWI)EN rOWN CLERK Donald Close, Zoning Consultant Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Evergreen Estates Section 11 Dear Don: I enclose herewith the original Irrevocable Offer of Cession and Dedication, original Deed, Drainage Easements 2, 5, 6, and 7 and related RP5217 and TP584. Please insert the date of the Resolution approving the subdivision entitled "Evergreen Estates Section II" on the various documents and forward the deed and easements to Elaine Snowden. The Irrevocable Offer, deed and Drainage Easements are acceptable as to form. The applicant is to Tile the Irrevocable Offer of Cession simultaneously with the subdivision plot. The deed and Drainage Easements are to be retained by the Town Clerk, Elaine Snowden, until such time as the Town Board accepts same. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ALBERT P. ROBERTS APR/aew Enclosure cc: Jerard S. Hankin, Esq. Elaine Snowden, Town Clerk Town Board, Attn: Hon. Constance O. Smith Joseph E. Paggi, Jr. TOWN OF WAPPINGER P.O.Box 324 PLANNING BOARD 20 Wddlebusb Road • Wappingers Fahs, NY 12590-0324 To: Supervisor Smith and Town Board Members From: Donald Close Zoning Administrator Re: Evergreen Estates Section II Performance Bond Reduction Date: December 10, 1998 The Planning Board voted unanimously to recommend to the Town Board to reduce Evergreen Estates- Section II Performance Bond from$187,720.00 to$47,424.00. Attached you will find a letter dated December 3, 1998, from Mr.Paggi. DC/In Attachment CC: Planning Board Town Planner Town Attorney Town Engineer Town Clerk Mr. Foster Mr. Humeston Mr. Gillespie,PE PAGGI, MARTIN &DEL BENZ: i,i,i, Consulting Enghteers&Land,Surveyors 54-56 Main Street Poughkeepsie,New York 12601 / 914-471-7898 914-471-0905(FAX) �� /� December 3, 1998 Planning Board Town of Wappinger P.O.Box 324 Wappingers Fails,New York 12590 Reference: Evergreen Esiates/Pbase II Bond Amount Dear Board Members: As per Roger Hummeston November 11°', 1998 request,I have calculated the reduction to performance bond amount for the road construction for Evergreen Estates, Phase 11 to reflect work performed up to and including placement of the roadway asphalt binder course completed on December 3rd, 1998. The original performance bond amount as indicated in my previous correspondence dated June 2nd, 1998 was $187,720.00 with an estimated maintenance bond of $37,544.00. The reduced performance bond amount is $47,424.00 All amounts stated include ENR inflation adjustments and the 20% administrative fee If there are any questions or comments, please do not hesitate to contact this office. Very truly yours, c, Jospeh E. Paggi, Jr.,R . JEP:Iaw cc: Daniel Wery, AICP Albert P.Roberts,Esq. Graham Foster Michael Gillespie Andlynn Associates 5'1 Joseph E. Pag+i,Jr.,P.E. Ernst Martin,Jr„P.E.,L.S. Charles R.[)el Bene,Jr.,nE, TOWN OF WAPPINGER CONSTANCE O.SMITH � SUPERVISOR'S OFFICE SUPFROSOR 20 MIDDLEBUSH ROAD P.O.BOX 324 TELEPHONE: (914)297-2744 WAPPINGERS FALLS,NY 12590-0324 FAX:(914)297-4558 September 7, 2000 HSBC Bank USA 347 Main Mall Poughkeepsie, NY 12601 Attn: Lynn Doremus, Vice President Re: Evergreen Estates Subdivision Sections I and II Letter of Credit/Cash Bond Dear Lynn: In accordance with a `Bank Account Assignment or Pledge Security. Agreement" dated May 15, 1998 Wolfinger Enterprises, LTD. Posted a Certificate of Deposit in the original amount of$77,600.00. Wolfinger Enterprises, LTD. Has satisfied its obligations to the Town and the Town is no longer in need of this security. Accordingly, enclosed please find the original"Bank Account Assignment or Pledge Security Agreement". Sincerely, Constance 0.Smith Supervisor COS:dly Enclosure MEMO TO: Connie FROM: Al DATE: September 7, 2000 Re: Evergreen Estates Subdivision Sections I and it Letter of Credit/Cash Bond According to my letter dated July 1998 to Elaine Snowden, the original documents were given to Elaine. It is my memory that both the Assignment and the Original Certificate were given to Elaine, but I am not sure about the Certificate. I only have a photocopy of the assignment. We will resolve this tomorrow and have it released. I'll get to your office about 10:00 a.m. PAGGI, MARTIN & DEL BENE LLP Consulting Engineers&.Land Surveyors 54-56 Main Street Poughkeepsie,New Pork 12601 914-471-7898 914-471-0905 (FAX) December 3, 1998 Planning Board Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Reference: Evergreen Estates/Phase 11 Bond Amount Dear Board Members: As per Roger Hummeston November 11d`, 1998 request, I have calculated the reduction to performance bond amount for the road construction for Evergreen Estates, Phase H to reflect work performed up to and including placement of the roadway asphalt binder course completed on December 3rd, 1998. The original performance bond amount as indicated in my previous correspondence dated June 2"d, 1998 was $187,720,00, with an estimated maintenance bond of $37,544.00. The reduced performance bond amount is $47,424.00. All amounts stated include ENR inflation adjustments and the 20% administrative the If there are any questions or comments, please do not hesitate to contact this office. Very truly yours, a12 !f- Q't� Jospeh E. Paggi, Jr., P. JEP:Iaw cc: Daniel Wery, AICP Albert P. Roberts, Esq. Graham Foster Michael Gillespie Andlynn Associates Joseph E.Paggi,Jr.,P.E, Erns[Martin,Jr.,P.E.,L.S. C1aaries R.Dei 13une,,Ir.,P.E. PAGGI&,MARTIN Consulting Engineers&Land Surveyors 54-56 Main Street Poughkeepsie,New York 12601 914-471-7898 914-471-0905(FAX} June 2, 1998 Planning Board Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Reference: Evergreen Estates/Phase Il Bond Amount Dear board Members: At Roger Humrneston's request, I have calculated the performance bond amount for the road construction for Evergreen Estates, Phase II. 1 have based bond amount calculations on plans done last revised February 18`h 1998. 1 would think that these pians represent fairly close to what is finally approved by the Board, and therefore, would recommend that the number is accurate. The performance bond amount calculated is $187,720.00, with an inspection fee of $5,632.00. The eventual maintenance bond will be $37,544.00. All amount stated include ENR inflation adjustments and the 20% administrative fee. If there are any questions or comments, please do not hesitate to contact this office. Very truly yours, C Pset'pt�EPaggi, Jr., P. JEP:Iaw cc: Daniel Wery, AICP Albert P. Roberts, Esq. Graham Foster Michael Gillespie Joseph E.Pagg?,Jr.,P.E. Ernst Martin,Jr.,$E.,L,S. prrnled on recydedpaper JOB PAGGI & MAR N SHEET NO, OF 54-56 Main Street POUGHKEEPSIE, NEW YORK 12601 CALCULATED BY ��T., — DATE (914) 471.7898 CHECKED BY DATE Fax (914) 471-0905 SCALE W- 4„ w ... .. � 17 • a.tv' .. � 2 �� f tt M i I ..... lam!✓'', %_- '.....� � � - :_ j i.^�7� ..�i� y ... 1 _ . ... s . ........... ........... _ _ f _ PRODUUT204-1 OSMICS ee IP55_1(Peddedl Town of Wappinger ZONING DEPARTMENT 20%DDLEBUSH ROAD CONSTANCE 0.SMITH P.O.BOX 324 Supervisor WAPPINGERS FALLS, NY 12590-0324 (914)297-6257 To: Elaine Snowden, Town Clerk )01 From: Donald Close, Zoning Administrator Re: Renewal Bond for Evergreen Date: July 29, 1998 Attached please find original copy of renewal Bond for Evergreen Estates. MEMO: RECEIVED TO: Town Board of Wappinger APR 2 1 9998 Attn: Constance O. Smith, Supervisor SUPERVISOR'S OFFICE WAPPIN��R Town of Wappinger Planning Board Attn: Philip DiNonno, Chairman FROM: Albert P. Roberts, Attorney RE: Evergreen Subdivision DATE: April 20, 1998 Fox the purposes of confirming that this letter has been forwarded to you, enclosed herewith is the September 10, 1997 letter from Wolfinger Enterprises, Inc. signed by Rainer G. Gebhardt, Hans Wolfinger of Wolfinger Enterprises, Inc., and Andreas Metzger of Creative Building Concepts, Inc. regarding the referenced subdivision, r RECEIVED Wolfinger Enterprises, lnc, coo ,ierard S, Hankin APR 2 Z 1998 319 Main Mall Rear , Poughkeepsie, New York '12601 �Uh`��SURS OFFICE. ;'OWN OF WAPPlNGER September 10, 1997 Mr. Albert P. Roberts, Esq, Vergilis, Stenger, Roberts & Pergameht R 1611 Route 9 Wappingers Palls, New York 12590 Re; Evergreen Subdivision, Phases I and II Subdivision Improvements and Security Requirements Your File No: 12949,0011 Dear Al, This letter will confirm the various proposals that were discussed on September 8; 1997 at Supervisor Smiths office, attended by you, Supervisor Constance 0, Smith, Graham Foster, Highway Superintendent, Bill Parsons, Chairman of the Planning Board, Donald Close, Zoning Administrator, Roger Humeston, our site contractor, Jay Paggi, Engineer to the Town, Andreas Metzger, and the undersigned. It was represented that the title to the proposed road beds of Ever- green Drive and Abigail Road (spur road) remained in Creative Building Concepts, Inc. The title to tots 2 and 14 in Phase I and all of the land in pr000sed Phase II is in the name of Wolfinger Enterprises, Inc, It was further represented that Wolfinger Enterprises, Inc. intends to complete all of the subdivision improvements remaining unfinished for Phase I as well as finalize the subdivision approval process for the proposed Phase 11. We have also requested permission to sell Lots 2 and 14 in Phase I (and concominately have building permits issued for same), To implement the above we hereby propose to the Town Board and the Planning Board the following: 1. HOLDING POND - We will make arrangements to have the holding pond completed no later than November 30, 1997. 2. ABIGAIL ROAD - (spur road) a) The entire area designated as Abigail Road will be covered with two to three inches of topsoil and seeded prior to 10/31/1991. RECEIVE APR 21 1998 SUPERVISOR'S OFFICE DUTCHESS COUNTY CLERK RECORDING PAGE TOWN OF WAPPINGER RECORD & RETURN TO: RECORDED: 02/05/98 ALBERT P ROBERTS ESQ VERGILIS STENGER ROBERTS & PERGAMENT AT: 12 :47:16 1611 ROUTE 9 WAPPINGERS FALLS NY 12590 COUNTY CLERK: #927 RECEIVED FROM: TENDY & CANTOR GRANTOR: FASONE KENNETH J GRANTEE: WAPPINGER TOWN RECORDED IN: DEED TAX INSTRUMENT TYPE: DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS: RECORDING CHARGE: 54.00 NUMBER OF PAGES: 4 TRANSFER TAX AMOUNT: i , 67g4* ,D TRANSFER TAX NUMBER: #004265 E & A FORM: Y TP-584: Y `��, C,,�� ►+ COUNTY CLERK BY: MTB / RECEIPT NO: R05881 BATCH RECORD: A00172 WILLIAM L. PARD I, JR. County Clerk a � Rs�av, PAGGI&.MAR`T'IN Consulting Engineers&Land Surveyors 54-56 Main Street Poughkeepsie,New York 12601 914-471-7898 914-471-0905(FAX) September 9, 1997 Mr. Don Close, Zoning Administrator Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Reference: Evergreen Estates-Phase I/Bond Calculation Dear Mr. Close: As a result of a meeting at the Town Hall on September 8, 1997, we were asked to calculate the bond amount for the construction of Road B or the "spur" road going to the Rodriquez property including the construction of the proposed cul-de-sac. We have done so utilizing the quantities estimated in the original bond calculations, and unit prices as set forth in the Highway Specifications. We have updated the construction cost to today's standards using ENR number for September, 1997. The calculation shows that the construction value for the above work in September, 1997 dollars is $60,000.00. If we assume that the bond will cover a period through September, 1999, 1 am estimating an inflation increase of 7.5%. This would equate to a construction value of $64,500-00. Historically, the Town adds 20% to the construction value for administrative charges. If I add that 20% onto the $64,500.00, the sum is $77,400.00. 1 would think that amount would be appropriate to use for a security amount for the construction of this roadway for the next two years. If there are any questions or comments, please do not hesitate to contact this office. Ver ly yours, c� oseph E. Paggi, Jr., P. . c cc: Bill Parsons Planning Board Albert P. Roberts, Esq. Hon. Constance 0. Smith, Supervisor scP t ►/1 Hon. June Visconti, Councilperson C �J Hon. Vincent Bettina, Councilperson Hon. Joseph Ruggerio, Councilperson Hon, Robert Valdati, Councilperson r�l'YN Sn��r Andy Metzger ��4�11ik�N Mark Day, P.E. Roger Hummeston Graham Foster Elaine Snowden 0a p� printed art recycled paper Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,P.E.,L.S. aP VERGILIS, STENGER, ROBERTS & PERGAMENT' ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FAILS,NEW YORK 12590 GERALD A.VERGILIS,, (914)298-2000 KENNET P.ROB SM-STENGER FAX(914)298-2842 IRA A.PERGAMENT LEGAL ASSISTANTS: ANTOMA T.LUCIA DALE O'DONNELL JOAN F.GARRETT** AMY E.WOODARD THOMAS R.DAVIS POUGRKP-EpSTE OFFICE CHRIS MirLARADELrs RAD ' Pou 276 MAIN MALI, SN D To PRACT7CH W 12601 1N NX&FLA. (914)452-1046 w.ADNfrMD TO PRACTICE IN NY&CONN, ADDRESS REPLX TO:( POUGH[(gEPS1E ( ) July 17, 1997 WAPPINGERS Town Board, Town Of Wappinger 20 Middlebush Road Post Office Box 324 Wappingers Falls, New York 12590 V Attn: Hon ��41NE SN 4 . Constance O. Smith, Supervisor JUL 18 Re: Evergreen Estates Bond Extension '397 Our File No: 12949.0011 4 row,, CC KEN Dear Connie: I am pleased to enclose a photocopy of the Surety B 1997. It is my understanding that the original thOTId ereof ,lI be dei' faxed to me on July 16 Town Clerk. delivered to Elaine Snowden, Very truly yours, VEP, LIS, STENGER, ROBERTS & PERGAMENT d I A'LB RT P. tB ER APR/jwm Enclosure PC: Hon. Robert Valdati, Councilman (sent to home address) Hon. June Visconti, Councilwoman (sent to home address) Hon. Joseph Ruggiero, Councilman (sent to home address) Hon. Vincent Bettina, Councilman (sent to home address) Hon. Elaine Snowden, Town Clerk Hon. Graham Foster, Highway Superintendent Joseph E. Paggi, Jr., P.E. Mr. Andreas Metzger 07/16/97 .14:02 $914 897 5110 BRINCKERHOFF Z 001/001 oP�r To be attached to and form a part of Type of Bond: SUBDIVISION BOND Bond No. 69703 dated effedlve 7-25-95 (MONTH,DAY.YEAR) executed by CREATIVE BUILDING CONCEPTS, INC. , as Principal (PRINCIPAL) and by FRONTIER INSURANCE COMPANY , as Surety (SURETY) in favor of TOWN OF WAPPINGER (OBLIGEE) In=Oder;Aon of the mutual agreements hereln contained the Principal and the Surely hereby consent to Changing EXTENSION OF EVERGREEN BOND FOR 1 YEAR: From: 7Y25195 TO 7/25197 To: 7/25/97 TO 7/25/98 Nothtng herein contained shag vary,alter or expend any pry cion or coixfAbn of this bond except as herein a sly stated. This rider is effective 7/25/97 (MONTH.DAY,YEAR) Signed and Sealed 7/14197 (MONTH,DAY,YEAR) CREATIVE BUILDING CONCEPTS, INC, PRINCIPAL BY: TITLE FRONTIER INSURANCE COMPANY SURETY BY: Ii. TODD BRINCKERHOFF ATTORNEY-IN-FACT Post-it"Fax Note 7671 Cato—� (� Psis► To prem CaJDePL Co. 1- Pnon — a0 g Phoria q Sq Ly— �tr-.1 Fax}I Fax �'-t 11 VERGILiS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (914)298-2000 GERALD A.VERGILIS* FAX(914)298-2842 LEGAL.ASSISTANTS: KENNETH M.STENGER DALE O'DONNELL ALBERT P.ROBERT'S IRA A.PERGAMENT AMY E.WOODARD ANTONIA T.LUCIA POUGHKEEPSIE OFFICE JOAN F.GARRETT** 276 MAIN MALL THOMAS R_DAVIS POUGHKEEPSIE,NY 12601 CHRIS MULARADET-19 (914)452-1046 "IN NY NY&'FLA.TO PRACTTCE gf ADDRESS REPLY TO:( )POUGHKEEPSIE &FL _ ( *'ADMITTED TO PRACTICE )WAPPINGERS IN NY&.CONN. July 14, 1997 * VIA FACSIMILE AND FIRST CLASS MAIL * �� Town Board, Town of Wappinger 20 Middlebush Road, !9O Post Office Box 324 Wappingers Falls, New York 12590 ��Fti Attn: Hon. Constance O. Smith, Supervisor Re: Creative Building Concepts, Inc. Evergreen Estates Subdivision Bond No. 69703 Our File No: 12949.0011 Dear Connie: I enclose herewith a fax received this morning from Rosemarie A. Robbins of Brinkerhoff and Neuville, Inc. indicating that they had received payment for the extension of the subdivision bond regarding the above matter. I spoke to Rosemarie subsequent to receiving the letter and she confirmed that the rider extending the bond was being typed today and a copy would be forwarded to me later today or tomorrow at the latest. Subject to the Town Board formally receiving the rider extending the bond, I recommend that the Town Board extend the time within which the improvements to the Evergreen Estates t7 Town Board, Town of Wappinger Hon, Constance O. Smith, Supervisor July 14, 1997 Page 2 subdivision must be completed for an additional period of one (1) year, to wit, July 24, 1998, subject to the conditions outlined in my letter of June 9, 1997 to Mr. Metzger. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ALBERT P. ROBERTS APRljwm Enclosure PC: Hon. Robert Valdati, Councilman Hon. June Visconti, Councilwoman Hon. Joseph Ruggiero, Councilman Hon. Vincent Bettina, Councilman Hon. Graham Foster, Highway Superintendent Joseph E. Paggi, Jr., P.E. Mr. Andreas Metzger Rosemarie A. Robbins, Brinkerhoff and Neuville 07/14/97 09:47 'C914 897 5110 BRINCRERHOFF [a 001f001 5B main Street COMPLhTF: B rinckerhoff P.O.Box 424,PL@hkill,New York 12524-0424 INSURANCE and Phone:91,1-806-4700 SERVICE Comm crew&Bonding:914-895-4?06 Neuville, Inc. FAX.9,1i-s97-5i to July 14, 1997 Via Fax: (91 4)298-28j Mages: 1 Mr. Al Roberts Vergilis, Stenger, Roberts & Pergament Attorneys and Counselors at Law 1611 Route 9 Wappinger Falls, NV 12590 Re. Creative Building Concepts, Inc. Town of Wappinger - Bond No. 69703 Dear Mr. Roberts: Per our phone conversation on July 11.1997, we have received in our office payment for $3,245.00 from Mr. Andrew Metzger for the above referenced bond . We will be issuing a surety rider extending the bond for the Evergreen Estates for 1 year, It you have any questions, please feel free to give our office a call. Sincerely, BRINCKERHOFF AND NEWILLE, INC. 6y Rosemarie A. Robbins CC: Andrew Metzger VERGILIS, STENGER, ROBERTS & PERGAMENT ( ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (914)298-2000 GERALD A.VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS: KENNETH M.STENGER ALBERT P.ROBERTS DALE O'DONNELL IRA A.PERGAMENT AMY E.WOODARD ANTONIA T.LUCIA POUGHKEEPSTE OFFICE JOAN F.GARRETT** 276 MAIN MALT, THOMAS R.DAVIS POUORKEEPSIE,NY 12601 CHRIS MULARADELIS (914)452-1046 *ADMnTFD TO PRACTTCE W NY&FLA. ADDRESS REPLY TO:( }PODAMPEP&E ( )WAPPINGERS •"ADMITTED'F'O PRACTICH IN NY&CONN. June 13, 1997 Town Board, Town of Wappinger Attn. Hon. Constance O. Smith, Supervisor ✓l/ 20 Middlebush Road F P.O. Box 324 ��i,� !�, Wappingers Falls, NY 12590 �l �. RE: Evergreen Estates c� o+�a APR' s letter of June 9, 1997 Our File No. 12949 . 0011 Dear ConniB� Inadvertently, I had omitted the estimate from RGH Construction, Inc. (Roger Humeston) in my letter to you dated June 9, 1997. A copy of the estimate is enclosed. The estimate had been faxed to me as part of the packet I received from Mary Brinkerhoff , I had mistakenly understood the Humeston proposal to be an estimate of the current amount of work to be done, and so reported in my letter of June 9, 1997 . Based on conversations with Jay Paggi, a substantial amount of the work identified in the Phase I estimate has already been completed. The remaining work, essentially the holding pond, the control structure, blacktop, binder and top total approximately $112, 000 . 00 . This is consistent with the information Jay reported at the Town Board meeting. The present bond in effect is more then sufficient to cover these costs. Page 2 June 13 , 1997 I trust this clarifies the questions posed at the Town Board meeting and I apologize for any confusion I may have caused. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ALBERTfZPROBERTS APR/kh cc : Hon. Constance O. Smith, Supervisor Hon. Vincent Bettina, Councilman (sent to home address) Hon. Joseph Ruggiero, Councilman (sent to home address) Hon. Robert Valdati, Councilman (sent to home address) Hon. June Visconti , Councilwoman (sent to home address) Joseph E. Paggi, Jr. , P.E. William Parsons, Chairman of the Planning Board Donald Close, Zoning Administrator Mary E. Brinkerhoff, Brinkerhoff and Neuville MJ09/97 11:19 12914 897 51.1.0 BRINCKERHOFF C(]j 008/008 R'GH CONSTRUCTION, .^INC. i OPOS AL Old Myers Corner Road WAPPINGERS FALLS. N.Y. 12590 page m of 2 Pg.. ,10Q VItME'NO _ (914) 297-8599 een -ztate, LGCAT 0,% To I=o1,,9.e .let:,p'er Old gyers Garner Road. 'r�lapo. 11s , N.Y. 12`90 .. - rMONE nAn wt hcrchy submit spcclficmions and estimates far. } phase Y 1- Tree Clearing and 3tumpin 13, 000.01 2-- Cut r oal.S To Sub Grade 18, 500 .00 DrainaTe 97,15?-?0 4- Hni.r in; Pond and Control 1�truetur.e 4l•8,000.00 5- Bp-nV un in Place F,or ?,Oa? ?4'000.00 6-- Sani.tarJr Server LH, 500.00 7-Black Top Bimler and. Top 6n"60,00 bub Total-- "68,517.70 Phase 11 > 1- Cut T oa?s To Sub Grad n 6, OOC.00 2- -Drainage 29,006.60 '3- Bank Fun in Place For. 'toads 12, 000.00 WE PROPOSE hereby to Cornish mALcr al and labor—complete to acmrdance with these specifications.for the sum of: dollars(S payable as follows: A!1 rnate"31 is;uarantecd to be u tpedUed,AM perk to be compktea in a worlttnWike manrxr Autnortzed according to standard practrcri."aftemkion or dev'130on from above sPeerne""r,1nvel" s1grt2ture extra cutis rill be cwtCuted only upon wrtlten ordm.and vAU become an extra ehuge*W and above the eatm Ir.AU agtr(trnents contingem upon strike&accidents or delays btyond NOTE,Thla proposal may be withdrawn aur comrot.o-,,rr to art)ilei lernada and Other hetes-try InrurPnce.our workers am WY by us irnot Aoccpted wlthtn days, coned tell workrPews compentet kin insurance. r1gn-A PTANCE OF PROPOSAL—The prtecs.specifications and conditions arse satisfactory and are hereby accepted,You are authorized w do the worts as specified.Payment will be made as outlined above. - flair ure - Date Signature wv r..pet ra ow MMIC Wd Ott 14WgZ- e+ _,. BRINCKERHOFF 2007/008 „OFR/09/97 11;19 $914 897 5110 RR GC ON5TRUCTION, INC. Y�, Old Myers Corner Road POOf ?_SAputs WAPPINGERS FALLS, N.Y. 12590 N0 .qb KArIL'N0. Evergreen Estates (914) 297-8599 tenor, L . 01 ;41rers Corner ?oad To: Isal.de MetnZer �:a�n. falls, T .Y. 12K90 rxone rxiC Fwcb=by.,s.ubr1it specilieatlons and esumatns for. -,- 26,666.00 Mack Tod Bzndexatzb Total-- 73, 672.60. . ...,, ,.. _ m0tal----- 342,190.30 __.- ...... . lcte lr1 accordance vvl0" these spec;ficatlons.for the sum Of WE PROPOSE hereby to furrttsh material and labor�comp dollars(S ------------ Payable as follows: In a warkrna Wke r'AMT AU mst,.64 W Qyarantoed t4 be ere 6peellkd work teDe rrc4n b� fidunN itr+eemni Authorized Kbrytnd to smndard r3Ct1ee4 M;'alien or dNlatlon rraat BEMr aPtor Slgrtatttre - extra w�wM bei oteeuted of"uprrrt wrltttn orders.and i xeeLe an eCq d dys be over This ro be withdrawn and eww the estimate.All wtm'"ws'te tomdr�upon Helices rjow, to N°c1vYs m(% 1\IpTE P F t a ptnd wtthin�— our control Q111d r to CxrrY Am tomada and other rwMS111Y Inaur�rdeb Our dwrketa arc rtuly by us!Snot aCeep couercd by Workumn's Codnpeneauon inwranee tom,You are authOTlxed to do ACCEPTANCE OF P120P05AL—The prices.SpeclSlcaUons and-conditions are satisfactory and arc hereby accep the Work as specl[led.Payment w1U be made as outitned above pate-- - signaturc Signature •R7aJE'76447 �Me•G�"W11t�YPUrPe PwOdQ tell PATE t.tlbrb'61t7 _. _ _ - VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (914)298-2000 GERALD A.VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS: KENNETH M.STENGER DALE O,DONNELL ALBERT P.ROBERTS AMY E.WOODARD IRA A.PERGAMENT ANTONIA T.LUCIA POUGHKEEPSIE OFFICE JOAN F.GARRETT** 276 MAIN MALL THOMAS R.DAVIS POUGHKEEPSIE,NY 12601 CHRIS MULARADELIS (914)4524046 -ADMITTED TO PRACTICE ADDRESS REPLY TO:( )POUGHKFEPSIE IN NY&FLA. ( )WAPPINfiHR5 -ADMITTED TO PRACTICE IN NY&CONN. June 2, 1997 * PERSONAL AND CONFIDENTIAL Mr. Andreas Metzger 1 Vandidoort Drive Fishkill, New York 12524 Re: Evergreen Estates - Section I Our File No: 12949.0011 Dear Andy: Please be advised that at Thursday evening's Town Board Meeting, I was directed to prepare a detailed report, in conjunction with Town Engineer Joseph E. Paggi, Jr., P.E., as to the status of Evergreen Estates Section I and the necessity of "calling" the Performance Bond. It is absolutely imperative that you provide me with a detailed report by 9:00 am, Friday, June 6, 1997. 1 will unavailable during the day on Monday, June 9, 1997, and, accordingly, it is imperative that I have the information by 9:00 am Friday in order to submit my report to the Board. For your information, I enclose herewith copies of Jay Paggi's letters of May 27, 1997 and June 28, 1995, which I believe to be self-explanatory. Mr. Andreas Metzger June 2, 1997 Page 2 Your prompt attention is urgently requested. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ALBERT P. ROBERTS APRJjwm Enclosure PC: Hon. Constance O. Smith, Supervisor . Hon. Vincent Bettina, Councilman (sent to home address) Hon. Joseph Ruggiero, Councilman (sent to home address) Hon. Robert Valdati, Councilman (sent to home address) jl Hon. June Visconti, Councilwoman (sent to home address) Hon. Elaine Snowden, Town Clerk Joseph E. Paggi, Jr., P.E. William Parsons, Chairman of the Planning Board Donald Close, Zoning Administrator i TOWN OF WAPPLNGER P.O. Box 324 ;k PLANNMG BOARD 20 Middlebush Road Wappingers Fahs, NY 12590-0324 t To: Madam Supervisor&Town Board Members From: Linda Nguyen, Secretary Town of Wappinger Planning Board Re: Evergreen Estates-Section I Recommendation to call the Performance Bond Date: May 23, 1997 At the May 19, 1997,Planning Board meeting,the Board made a recommendation to the Town Board to call the Performance Bond to post it in connection with Evergreen Estates - Section 1 for the failure of the developer to complete the required improvements. The exact nature of the incomplete improvements is to be determined by a special investigation by the Zoning Administrator and the Town Engineer who shall report to the Planning Board and the Town Board. CC: Planning Board Dan Wery Jay Paggi Al Roberts Elaine Snowden Highway Andy Metzger PAGGI&MARTIN Consulting Engineers&Land Surveyors 54-56 Main Street Poughkeepsie,New York 12601 914-471-7898 914-471-0905(FAX) May 27, 1997 M �)e D 9 � Zoning Administrator �NF 9j Town of Wappinger 06VN sNOyy P.O. Box 324 Wappingers Falls, New York 12590 Attention: Don Close Reference: Evergreen Estates/Phase Bond Costs Dear Mr. Close: As a result of the last Planning Board meeting, our office was instructed to determine the current construction value of the remaining work to be completed for the Evergreen Estates Subdivision, Phase I. To.do.this, we utilized the data shown on File Map No. 101.13, and our original bond calculation and reduction.correspondence dated June 28, 1995. 1 have enclosed a copy of said correspondence for your review. As you can see from that letter, the construction value of the remaining work at that point was $216,348.00 which equates to a bond amount of $259,618.00. Please note that this bond amount was based on an Engineering News Record Construction Cost index of 5,431 . As of May 5, 1997, the Engineering News Record Construction Cost index is 5,837. We have identified the remaining work to be done and calculated its 'construction value, The remaining work that we have included is the foundation work for Roadway "B", rough grading work for Roadway "B", rock excavation work necessary for Roadway "B", the asphalt wearing surface for Roadway "A", the asphalt binder course and wearing surface for Roadway "B", the curbs for both Roadways "A" and "B", the remaining storm sewer work including the 15" pipe on Roadway "B" and the remaining 24", the 36" pipe in the holding pond, necessary landscape work in back of the curbs, the proposed headwall/retention facility, two remaining catchbasins on Roadway "B", necessary road monuments, necessary street signs, and the necessary street trees. Utilizing the current Engineering News Record construction cost index it equates to a construction value of. $215,728,00. Adding the 20% administrative charges equals the amount of $256,874.00. Joseph E.Paggi Jr„RE, Ernst Martin,Jr.,P.E.,L.S. �pnnied on recycled paper Mr. Don Close _ 2 _ May 27, 1997 RE: Evergreen Estates As fair representation can see esent tion is iofrather value of we to ork that nal remains remains to be docalculation, and is a p If there are any questions or comments, please do not hesitate to contact this office. Very truly yours, Joseph E. Paggi, Jr., P.E. JEP:Iaw Enclosure cc: Han. Constance O. Smith, Supervisor wlenclosure Hon. June Visconti, Councilperson wlenclosure Hon. Vincent Bettina, Councilperson wlenclosure Hon. Joseph Ruggiero, Councilperson wlenclosure Hon. Robert Valdati, Councilperson wlenclosure Planning Board wlenclosure Albert P. Roberts, Esq. wlenclosure Elaine Snowden wlenclosure Daniel Wery, AICP wlenclosure Graham Foster wlenclosure PAGGI & MARTIN Consulting Engineers & Land Surveyors 54-56 Main Street Poughkeepsie, New York 1260 ^. r"�► . 914-471-7 898 y -AO June 28, 1995 Planning Board Secretary Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Linda Nguyen Reference: Everngreen Reduction Estates - Phase I Dear Linda: ss Please be advised that woor has ateen in the workrthatfhas beeor the n completed son of the above subdivision. Tcertain consists of theeastorm drain and system, both Roads gravel base for Road and binder portions of t course for Roa been'inst The sanitary sewer components shown on the plan have also roject Please note that the nth the bond dconstruction cos eemed to bes$467,784-00.etimate for thepWith the was $389,820.00, w work above complete and pang work llis now $216348 00 a n� This construction value of would equate to a bond amount of $259,618.00. if there are any other questions or comments, please do not hesitate to contact this office. Very truly yours, Joseph E. Paggi, Jr., P.E. JEP:Iaw cc: Albert P. Roberts, Esq Daniel Wery, AICP Graham Foster Ernst Martin,.jr., P.P. , L.S. 8�printed on recycled pap, Joseph it..Paggi,jr.,P.E. PAG &MARTIN�f ConrultingEngineers f�LandSurveyors 54-56 Main Street Poughkeepsie,New York 12601 914-471-7898 RECEIVED 914-471-0905(FAX} J AN 16 1997 January 15, 1997 ELAINE SNOWDEN rnWN CLEIRK Zoning Administrator Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Don Close Reference: Evergreen Estates Dear Mr. Close: As per Graham Foster's request, I have made a field inspection of the fill that was being brought into Section 1 and II of Evergreen Estates Subdivision. The material that was being brought into Section I was filling the low parts of Lot No. 14, which is the remaining vacant parcel on the west side of the roadway. The materials being placed appeared to be in conformance with the grades as shown on the Filed Map. After further discussion with the Owner of the subdivision, I advised him to be careful and not to place this material in the area of the house and the septic system, and to remove any fill that had any objectionable material in it. He advised that he would do that. My inspection further revealed that they are filling in unknown areas of the Phase II section of the subdivision. As there were no survey markers available, I do not know exactly what areas are being filled. However, in any event, it was close to the proposed roadway. This area should not be filled without the benefit of a grading plan .and/or proper engineering or surveying. When the Owner of the subdivision called me, I advised him of that and he stated he would stop filling in that area. also questioned the type of fill that was being placed, and advise that during the field inspection we saw tires, wood, trees, plastic pipe, frozen material, organic materials, and othersuch materials that is not conducive to proper fill for roadway construction. If any unsuitable material has been placed in the subgrade or subbase of the proposed road, it will need to be removed prior to any construction or subsequent acceptance by the Town. Joseph E.Paggijr.,P.E. Ernst Murun,jr,P.E.,LS. pnnred nn recycled c�aer VERGILIS, (STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS,FALLS,NEW YORK 12590 (914)298-2000 GERALD A.VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS: KENNETH M.STENGER DALE O'DONNELL ALBERT P.ROBERTS AMY E.WOODARD IRA A.PERGAMENT ANTONIA T.LUCIA POUGHKEEPSIE OFFICE JOAN F.GARRETT** 276 MAIN MALL THOMAS R.DAVIS POUGHKEEPSIE,NY 12601 RODERICK W.CIFERRI (914)452-1046 *ADMITTED TO PRAMCF ADDRESS REPLY TO: POUGHKEEPSIE IN NY&rLA. l Y WAPPINGERS --ADMITTED TO PRACTICT IN NY&CONN. August 15, 1995 Elaine Snowden Town Clerk 'Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re : Evergreen Estates Dear Elaine: Inadvertently I forgot to forward to you the Certificate of Title of Fidelity National Title Insurance Company, File No. CC7094, relative to the Evergreen Estates Subdivision. I have made a copy for my records . Please keep this with the Deeds, Easements, and Performance Bond previously given to you on August 11, 1995 . Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT -s ALBERT P. ROBERTS APR.la CC : Hon. Constance 0. Smith Jerard Hankin, Esq. Mr. Jay Paggi VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (914)298-2000 GERALD A.VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS: KENNETH M.STENGER DALE O'DONNELL ALBERT P.ROBERTS AMY E.WOODARD IRA A.PERGAMENT ANTONIA T,LUCIA POUGHKEEPSIE OFFICE JOAN F.GARRETT" 276 MAIN MALL THOMAS R,DAVIS POUGHKEEPSIE,NY 12601 RODERICK W.CIFERRI (914)452-1046 -ADMI=D TO PRACTICE ADDRESS REPLY TO: )POUGHKEEPSIE IN MY&FLA. )WAPPINGERS -*ADM=D TO PRACTICE IN NY&CONN, August 11, 1995 Mr, Donald Close Zoning Administrator Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re : Subdivision of Isolde Metzger (NOW Creative Building Concepts, Inc . ) Evergreen Estates Dear Don: In supplement to my letter to you of August 10, 1995, please be advised that I am in receipt of a copy of the Performance Bond secured by a Surety Bond made by Creative Building Concepts, Inc . , and personally guaranteed by Andreas R. Metzger. I find the same in proper form except that the date of the original Resolution of Subdivision Approval must be inserted on the second page. I am also in receipt of a Change Endorsement to the Surety Bond naming Creative Building Concepts, Inc. , as principal . However, the Surety Bond in your possession was not executed by Creative Building Concepts, Inc. , nor was its signature acknowledged; this must be done. The original Performance Bond secured by a Surety Bond and the original endorsement to Frontier Insurance Company, Bond No. 69703 , is to be delivered by Mr. Metzger to Elaine Snowden, Town Clerk . I am also in receipt of a Certificate of Title issued by Fidelity National Title Insurance Company, under Title No. CC7094 . The following exceptions must be removed prior to the Town' s acceptance of the roads, easements and improvements : 2, 3 , 4 (a) , 5 (the as built survey must be read into the policy) , 6, 7, 8, 9, 11, 12, and 13 . To expedite matters, Creative Building Concepts, Inc. , should of this letter acknowledging that the above- execute a copy must be removed prior to the Town' s referenced exceptions acceptance of the improvements. Very truly yours, VERGI IS S EN ERTS & PERGAMENT ALBERT P. ROBERTS APR:la CC: Jerard Hankin, Esq- Han. Constance O. Smith Jay Paggi Kenneth M. Stenger, Esq. Dan Wery Bill Parsons, Planning Board Elaine Snowden Terms and conditions of this letter accepted and agreed to. Creative Building Concepts, Inc. Date: By: �� liG'��%� + To be attached to and form a part of Type of Bond: Subdivision Bond Bond No. 59703 dated effective 7-25-95 (MONTH, DAY,YEAR► executed by Creative Building Concepts as Principal, (PRINCIPAL) and by Frontier Tnsurance Company as Surety, (SURETY) in favor of Town of Wappinger — (OBLIGEE) In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing 'Principal Name From: Creative Building Concepts To: Creative Building Concepts, Inc. Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective 7-25-95 (MONTH, DAY,YEAR) Signed and Sealed -10-95 (MONTH, DAY,YEAR► Creative ]3uilding Concepts, Inc. PRINCIPAL By: TITLE Frontier Insurance Company SURETY Mary E. rinckerhoff, 6Ai ORNEY-IN-FACT Frontier Insurance Company KNOW ALL MEN BY THESE 'PRESENTS, that we, Creative Building Concepts as Principal, and the Frontier Insurance Company, a New York corporation authorized to do business in the State of New York, having an office and place of business at Rock Hill New York, as Surety are held and firmly bound unto the Town of Wappinger, as Obligee in the sum of Two Hundred Fifty Nine Thousand Six Hundred Eighteen and no/100--------- ($259, 618 .00) Dollars lawful money of the United States of America for the payment whereof to the Obligee, the said Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally firmly by these presents . Signed, sealed and dated this 17th of July 1995 WHEREAS, the above Principal has made application to the Town of Wappinger for approval of a subdivision map entitled Evergreen Estates - Phase I A/K/A Lands of Metzger WHEREAS, the Planning Board granted the final approval on among other things that this bond be given to guarantee the construction and installation of the improvements listed on the Contractor' s Estimate dated January 30, 1995, attached hereto and made a part hereof and; NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Principal shall well and truly make and complete the said improvements to the land covered by the subject subdivision in accordance with the rules and regulations of the Town of Wappinger, including road maintenance and snow removal in accordance with the standards maintained by the Town of Wappinger Highway Department and at the direction of the Town of Wappinger Highway Superintendent, within (2) years from the date of the conditional approval of the final plat, then this obligation of the Surety is to be null and void; otherwise to remain in full force and effect after said time. The Surety warrants and covenants to the Obligee that in failure of the Principal to fully perform and complete the said improvements at the time of the expiration of the (2) year term, then upon demand of the Obligee, made in writing posted by ordinary mail to the office of the Surety, the Surety would perform and complete the improvements in place of the Principal, or at the election of the Surety, tender a certified check for the amount of the cost completion not exceeding the sum herein before recited and payable to the Obligee. NO party other than the Obligee shall have any rights hereunder as against the Surety. The aggregate liability of the Surety on the bond obligation shall not exceed the penal sum thereof for any cause or reason whatsoever. This is the basis on which the Surety executed this bond and any party claiming to have any right against the Surety is bound by this limitation. Creative Building Concepts}T-�. Frontier Insurance Company BY v �r e6� BY UU Mary E. B ckerhoff (J� Attorney-in-Fact ��r�As�e��er �res ELAINE Ur,,S7VAMCFFNEW SNOWDEN PRK NO.14-3753190 gUALIFIED IN OUTCHESSUNTY COMMISSION EXPIRES JAN.ZI ,19 RGH CONSTRUCTION, INC. PROPOSAL s Old Myers Corner Road WAPPINGERS FALLS, N.Y. 12590 Page No, 1 of 2 Pages ('j e NnMe NNo, (914) 297-8599 Pverfeen LOCATION To:. T^ol e Zet mer Ole i l er. s Corner Roal.� o� - N.Y. 12.f; PHONE SATE rheLLrebymit specifications and estimates for: Phase I 1 000. 1 TYet=_ Clearing and �tumn�nF ' 00 ........ ... ............. l 2- Cut roads To ub Grade - 18 r 50!7.00 ................... 7raina7e - _ .... 97, 15"7.70 .� .000. _ 4- Holrin mond end Control .) uctur. e Z 0.00 5- Bankl un in Place For Poad 7�, - , 000.00 6 Sanitarir Sewer �✓/ 50 .00 7-Black Top finder and Top ...... 7-�l. 63 F 36o.00 .... .......... _ ............ - Uub Total-- 268,517,70 Phase IT > 1- Cut T oaas To :dub Grade b,000.00 2- ,'raina`e 06.60 ....... ... .._.._.... .... 3-- Bank !:un in Place For Roads 1._, 000,00 WE PROPOSE hereby to furnish material and labor—complete in accordance with these specifications,for the sum of.., Payable as follows: dollars All material is guaranteed to be as specified,NI work to bc completed in a workmarLIlke mariner aceordl ng to standard practices.Any alteration or deviation from above specifications involving Authorized extra costs will be executed only upon written orders.and will become an extra charge over signature and above the estimate All agreements contingent upon strikes,accidents or delays beyond our control.Owner to carry Ore,tornado,and other necessary insurance.Our workers are fully NOTE:This proposal maybe withdrawn covered by Workmen's Compensation Insurance. by us if not accepted within days. =ACCEPTANCESAL—The prices,specifications and conditions are satisfactory and are hereby accepted,You are authorized to dothe work as specified.Payment will be made as outlined above.hate Signature Date PPO%CT 55103 Ate,Poc Gf0W.t!d5 G1471 to Omer PHONE TOIL FREE 1.1%2&M RGH CONSTRUCTION, INC. PO ®�ALOld Myers Corner Read WAPPINGERS FALLS, N.Y. 12590 Page No. ? of PagesEvergreen Estates-JCB NAM E IN0, (914) 297-8599 LOCATION _ P.ages_�sta tesIsolde llet7ger old ldvers Corner -TRoad . To ,?,590 Falls, N.Y. 12 9�9 0) . ............ ........ .......... PHONE TATE ............ ............ .......... We hereby submit specifications and estimates for: ............. .. .... ....................... ................. ......................... ............... 4- Black Top, Binder and mop... .......... 26,666.00 ............. ................... .......... ............. ................... ........ ............... ............. ;pub Total— 73,672.6o ........... ........... ............................ ..................... ........... ................... Total--- 342, 1 -_�O .......... ............. .... ....................90 .......... .............. ... .......... ....... ........... ......... ........... ............ ................... .......... ................. ............. .......... ...... ................. .............. ............ ........... ......... ......... ............ .............. ................ ......... ............. ............ ............ ........... ....... WF,PROPOSE hereby to furnish material and labor—complete in accordance with these specifications,for the sum of: dollars($ Payable as follows: PROPOSE follows:Payable I E lows. hereby e Y to furnish ma' manner WE mmaierial is guaranteed to be as specified.All work in be completed In a WOri(Mardike man Authorized according an pr r deviation from above specifications involving a�orcfing(a standard practices.Any alteration o Signature upon v'.nnen �.co i'. he �Z extra costs will be executed only upon mitten orders.and will become an extra charge over 'I es and above the estimate.Al]_agreements contingent lingent upon strikes,accidents or delays beyond NOTE!This proposal may be withdrawn our control.Owmer to carry fire,tornado,and other necessary Insurance. Our workers are fully by us if not accepted within—days covered by Workmen's compensation Insuranm ow" by workmen's Compensation PT CE 0 cations and conditions are satisfacto and are hereby accepted.You are authorized to do ACCEPTANCE F PROPOSAL—The prices,Spec the work as specified,Payment will be made as outlined above. Date Signature Date re covered Ate,IK r,�10—01471 in Oran PHONE TOL FREE 14W28 v4, D'n oO ar INSURANCE COMPANY MONTICELLO.NEW YORK (A Stock Comps yl PRINCIPAL 'S ACKNOWLEDGMENT INDIVIDUAL VERIFICATION Slate of Courtly of On this day of —,m the year 19 before me personally came to me known,and known to me to be the person(s)who is (are)described in and who executed the foregoing instrument,and acknowledges to me That he(they)executed the same. (Signature ind We of official taking acknowledgment) PARTNERSHIP VERIFICATION State of _ County of On this day of _.,in the year 13 before me personally came to me known,and known to me to be the person who is described in and who executed the foregoing instrument,and acknowledges to me that he executed the same,as and for the act and deed of the said co-partnership. (Signature and title of official taking acknowledgment) CORPORATE VERIFICATION { f Slate of E+ County of On this 1 j day of in the year 19. beloreme personally came to me known,who, being by me duly sworn,deposes and says that he resides in the of E 0�1n t -PC that he is the of the �'Q 1 1 t.Q I 5 W t c— ..the corporation described in and which executed the foregoing instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that is was so affixed by the order of the Board of Directors of said corporation,and that he signed his name thereto t z rder. /JN2 H.SNOWDEN ,'I3LIC,STA3E OF NEW YORK NO.14-3753190 (Signature a nd t< f official taking acknowledgment) IN DUTCHESS C U TY " `: 'iCN EXPIRESJAk=Aa ANY ACKNOWLEDGMENT State of New York County of DuCthess. On this 17th day of July in the year 19 95 before me personally came Mary E. Brinckerhof_i to me known to be the individual described in and who executed the foregoing instrument and to be the Attorney-in-Fact of FRONTIER INSURANCE COMPANY,which is to me known to be the corporation described in the foregoing instrument, and which, by its said Attorney-in-Fact executed the same, and said Attorney-in-Fact duly acknowledged to me that he knows the Seal of said Corporation;that the Seal allixed to said instrument is such Corporate Seal;that it was so affixed by order of the Board of Directors of said Corporation;and that he executed the said instrumentas the act and deed of said FRONTIER INSURANCE COMPANY therein described and for the uses and purposes therein mentioned,by virtue of a certain power of attorney executed by said FRONTIER INSURANCE COMPANY dated which said power has never been revoked and is still in full force and cffecl;and that the said corporation has received from the Superintendent of Insurance of the State of New Yorka certificate of solvency and of its sufficiency as surety or guarantor under Section 327,Chapter 882 of the Laws of 1939,being Chapter 28 of the Consolidated Laws of New York for the year 1939,and that such certification has not been revoked. 3 FHS 19-5004(11/85) �r No',; JANICE'A.BALL lark Notary Public 15tary, 4€0Lt)1t1 �kt o cased YC1Ffc C2tla.ljfir d.inirtrsxui Atanty --,.- Comtylission Spires (30,19��7 - Am O Am IrINSURANCE COMPANY Rock Hill. New York 12775-8000 Financial Statement as of December 31, 1993 I certity that the below listed officers were duly elected by the Board of Directors of Frontier Insurance Company and continue to hold the office set opposite their names. OFFICERS WALTER A.RHULFN ......................................President CHARLES R.SPITZER................................ Vice President JOSEPH P.LOUGHLIN ...1............1... . ....11.........Secretary DAVID E.',CAMPBELL ................................ Vice President DENNIS F.PLANTE ...,...................................Treasurer HARRY W.RHULEN.................................. Vice President PETER L.RHULEN................................... Vice President JILL GOLD.. ......................._............... Vice President JESSE M.FARROW.................................. Vice President R LINDA MARKOVITS....,........................... Vice President JONATHAN M.FARROW ...... ...................... Vice President I further certify that the following Financial Statement of the Company is true,as taken from the books of the Company as of December 31, 1993: ASSETS LIABILITIES AND POLICYHOLDER'S SURPLUS Bonds.....................................1111...... S235.111.891 Losses..............,................,............... 182.022.910 Preferred stocks .......... .............. 35,71 7,182 Loss adjustment expenses ... ...., ... 32.950,068 Common stocks....................................... 16,668,511 Other expenses..'-' ..................... 1.- 1.274.445 Short-term investments ........- 16,752.887 Reinsurance payable on paid losses ................... 2.257.307 Cash on hand and on deposit ......................... 3,008.108 Taxes,licenses and fees .............................. 125,092 Premiums and agents'balances Unearned premiums.................................. 43.850,759 in course of collection .............................. 13,145,402 Funds held by Company under Premiums,agents'balances and installments Reinsurance Treaties ............................... 45.279 booked but deterred and not yet due ................. 7,082,332 Amounts withheld or retained by Company Reinsurance recoverable on loss payments ............. 5,720.112 for account of others _.............................. 1,207,808 Electronic data processing equipment.................. 1,133.598 Provisions for reinsurance ....1..11.1................. 103,332 Aggregate write-ins for assets other than Contingent commissions.............................. 3.535,936 invested assets ........ ... 1 1 1 1....... 6,888,445 Dividends to policyholders ..,... ......... 849,098 Interest dividends and real estate TOTAL LIABILITIES income due and accrued..........111.1.. . .......... 4,75 .......... 5268,222,0345,719 ''' Real Estate ....................... 21,660,264 Capital paid-up ..........1 1 1 1 ........ 5,000,000 Receivable from affiliates.............................. 1,995,335 Paid-in and contributed surplus....................._. 37,520,620 TOTAL ADMITTED ASSETS. ..... ..... $3fi9 111 ,639,766 1....... Unassigned funds(surplus)............................ 58,897,132 . Total policyholder's surplus ............ ... ........ 101.417,752 TOTAL LIABILITIES& POLICYHOLDER'S SURPLUS .................. 5369,639,766 IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seat of the Company this 1 tth day o1 April, 1994. • esu^4hC / CORPORATE SEAL r! �SERI` '�• r///{//// .n1 r WALTER A.RHULEN,President STATE OF NEW YORK COUNTY OF SULLfVAN sS.: On this 11 ih day of April 1994,before the subscriber.a Notary Public of the Slate olf New York in and for the County of Sullivan,duly commissioned and qualified.came WALTER A.RHULEN of FRONTIER INSURANCE COMPANY to me personally known to be the individual and officer described herein,and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,deposed and said,that he is the olucer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seat and signature as an officer were duly affixed and subscribed to the said rrlslrumeni by the authority and direction of the Corporation,.and that the resolution of the Company,referred to in the preceding rnshument.is now in force,and tha(sfid Corporation hasreceived from the Superintendent of Insurance of the State of New York a Certificate o1 Solvency and of its sufficiency as surelyor gua,antor under SeClion 1 11 1 of the InSuranCe l.a-:r)t the Slate o1 New York IN TESTIMONY WHEREOF,I have hereunto set my nano,and affixed my()ficial seal at Rock Hill,New York,the day and 11)0%,e written NOTARIAL SEAL '.."0`"r -.-- i fv �40 TARS, pUBOc' e. a7'He":•` CHRISTINE t. LANE Notary Public Stale of N:;w York lf''lli'An C;nunly r.r^rk S °Jn ions O ;rmhfir INSURANCE COMPANY ROCK HILL,NEW YORK 12775-8000 N2 60842 - A (A Stock Company) POWER OF ATTORNEY nnty 1I1 �3HPn ` 4v!ae FruSenN. That FRONTIER INSURANCE COMPANY,a New York Corporation,having its principal office in Rock Hill,New York,pursuant to the fallowing resolution,adopted by the Board of Directors of the Corporation on the 4th day of November,1985: "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in- Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in thetransaction of its surety business; "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or 10 any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures orfacsimlle seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of Indemnity or writing obligatory in the nature thereof; the forego! resolutions still such OertifEl atfont any such Attorney-in the date thereof said date-Fact to be notgateethan the datecertification of delivery tihereof by such hAttorney-n-Factn effect may insert In This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT: H.Todd Brinckerhoff Carl M.Jordan Janice A.Ballard Mary E.Brinckerhoff Sterling C.Gaston New York of Fistlkili in the State of its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred In its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows. Bonds guaranteeing the fidelity of persons holding places of public or private trust;guaranteeing the performance proceedinof gs contracts other than insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;W AN AMOUNT NOT TO EXCEED ONE MILLION FIVE HUNDRED THOUSAND($1,500,000.00)DOLLARS;and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY,and all the acts of said Attorneys)-in-Fact pursuant to theauthority herein given are hereby ratified and confirmed. ,3nitttesg 4ereof,FRONTIER INSURANCE COMPANY ofRock Hill,New York,has caused this Power ofAttorney tobesignedbyi19Pger�sident and Its Corporate seal to be affixed this3iSt day of May FRONTIER INSURANCE COMPANY •"511PANp'o - E SEAL '.a `a a,scz iz: State of New York WALTER A.RHULEN,President County of Sullivan ss.: „ On this 31 St day of May 19 89 before the subscriber,a Notary Public of the State of New York in and for the County of Sullivan,duly commissioned and qualified,came WALTER A.RHULEN of FRONTIER INSURANCE COMPANY to me personally known to be the individual and officer described herein,and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,deposed and said,that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officer re d iln the preceding ng nscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company, efer is now in force. ,�tt`ges}ttttuttU r1°"4rrevf,I have hereunto set my hand,and affixed my official seal at Rock Hill,New York,the day and year above written. "�•pUBL1G o CHRISTINE I.LANE _' Notary Public State of New York ,vOF'Nw , Sullivan County Clerk's No.1996 Commission Expires May 2,1996 CERTIFICATION I,JOSEPH P.LOUGH LI N,Secretary of FRONTIER INSURANCE COMPANY of Rock Hill,New York,do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolution and the Powers of Attorney are In full force and effect. 4n pitrtrogi 4ertof, 1 have hereunto set my hand and affixed the facsimile seal of the corporation this 7th day of flll}T 19 95 x,Z2 P � art ySwJ�Lk jz7 yp / i m JOSEPH P.LOUGHLIN,Secretary 3 FM 19-5002-A(4194)