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Hilltop Business Park (Andlyn Asso)VERGIhIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP ATTORNEYS AND COUNSELORS AT LAW GERALD A. VERGILIS* KENNETH M. STENGER ALBERT P. ROBERTS THOMAS R. DAVIS STEPHEN E. DIAMOND"" JOAN F. GARRETT** KEVIN T. McDERMOTT ANGEL I. FALCON ANTHONY M. DEFAZIO*** JAMES P. HORAN*** LISA M. COBB M. ELLEN O'SULLIVAN *ADMITrEDTOPRACTICE IN NY & FLA. **ADMITTED TO PRACTICE IN NY & CONN. *** ADMITTED TO PRACTICE IN NY & NJ ""ADMITTED TO PRACTICE IN NY, FL & MA January 20, 2010 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (845)298-2000 FAX (845) 298-2842 WWW.vsrp.com e-mail: info@vsrp.com Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention; Hon, Christopher J. Colsey, Supervisor Re: Hilltop Business Park Subdivision (Bill Horton Way) Maintenance Agreement Secured by Maintenance Bond Our Nile No. 12949.0183 Dear Chris and Board Members: OF COUNSEL: KAREN MacN1SH LEGAL ASSISTANTS: AMY E. DECARLO SANDRA A. OAKLEY SARAH SALISBURY CLOSING COORDINATOR: MARIA JONES POUGHKEEPSIE OFFICE 276 MAIN STREET POUGHKEEPSIE, NY 12601 (845) 452-1046 NEWBURGH OFFICE 372 FULLERTON AVENUE NEWBURGH, NY 12550 (845) 567-3783 41Cej ViZL JAN 29 2010 I have reviewed the Maintenance Agreement executed by Andlyn Associates, Inc. to be secured by a Maintenance Bond issued by Utica Mutual Insurance Company of New Hartford, New York. A photo copy of the sample Maintenance Bond is affixed hereto. The Maintenance Agreement is dated January 20, 2010. Both the Maintenance Agreement and the sample Maintenance Bond are approved and acceptable as to form. By copy of this letter 1 am forwarding the original Maintenance Agreement to Tatiana Lukianoff. Please be advised that it is the company policy of Utica Mutual not to release the new Maintenance Bond until the Town returns the Performance Bond previously posted. It is anticipated that the Performance Bond and Maintenance Bond will be exchanged simultaneously. Accordingly, 1 am also enclosing herewith a Resolution Accepting Roads, Easements, Utilities and Other Public Improvements Constructed in Connection with the Hilltop Business Park Subdivision together with Maintenance Agreement to be secured by a Maintenance Bond for adoption by the Town Board at its next meeting on January 25, 2010, 0:1WappingerlPlanningBoard\14illtop1012010 letter to Colsey re Maint Agmt & Res Accept.doc Christopher J. Colsey, Supervisor January 20, 2010 Page 2 Very truly yours, VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP ALBERT P, ROBERTS APR/so Enclosures cc: Han. John C. Masterson, Town Clerk Planning Board Tatiana Lukianoff, Zoning Administrator Andlyn Associates, Inc. O;LWappinger\PlanningBoard1Hi11top\012010 fetter to Coisey re Maint Agmt & Res Accept.doc Utica Mutual Insurance Company Bond # SU3288479 KNOW ALL MEN BY THESE PRESENTS,a corporation That authorized Andlyn Associates to do business in Principal and the Utica Mutual Insurance Company, p� titian u are held and the State of New York, having an office s�lObligee inbusiness the sum o�f ica NY, as Surety Sixty Thousand Two firmly bound unto the Town of app ger a erica Hundred Fifty Eight and no/I00_-..-($60,258.00) lawful money d the Surety bind themselves, their for the payment whereof to the Obligee, the said Principal heirs, executors, administrators, successors and assigns jointly and severally firmly by these presents. SIGNED, SEALED AND DATED this 1.7t" of September 2001 WHEREAS, the above Principal has made application to the Town of Wappinger for approval of a subdivision map entitled Hilltop Business Park Subdivision WHEREAS, the Planning Board granted the final approvalao ements listed things that this the im bond be given to guarantee the construction and installation of p Engineer's Estimate dated June 11, 2001, attached hereto and made a part hereof and; That if NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION s t StSe an SUCH,covered the Principals shall well and truly make and complete the said p of to er, by the subject subdivision in accordance with the les and regulations of�thenhe �his obligation of within (2) years from the date of the conditional approval oft e final plat 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 falrof he the incipal to year term, ly perform and complete the said improvements at the time of the expiration then upon demand of the Obmail to the office of the Surety, the Surety would perform and complete the impgee, made in writing posted rovements 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 sutra herein before recited and payable to the Obligee. NOp arty other than the Obligee shall have any rights hereunder as against the Surety. The aggregate liability of the Surety on the bond obligation on which the Surety executed this m thereof for .any cause or reason whatsoever. This is the bas bond and any party claiming to have any right against the Surety is bound by this limitation. sp 18 2001 TOWN CLERK And1 n Associates Inc. w, � n BY....—�� Go Utica Mutual. Insurance Company C B Mary E. Brinckerh Attorney -in -Fact L cl a"r'zj r, ajbG A ITEM CLEARING/GRUBEING ROUGH GRADE ( 2,630 C.Y. —Cut) (+ 630 C.Y. —Fal) STORM SEWER piPe (I8" Dia. HDPE) • Catch Basins • End Sections • Detention Pond. • Outlet Structure FOUNDATION (12") ➢ BINDER COURSE (4') TOP COURSE (2") BERM ➢ MONUMENTS Y BACKFILL 9 TOPSOIL/SEEDING STREET TREES SIGNAGE EROSION CONTROL 845 837 2238 BOND CALCULATION I-ILLTOP BUSINESS PARK JUNE 11.; 2001 QUA nTY 1.0 ACRES 3,260 C.Y. 1,160 L.F. 13 EACH 4 EACH 2 EACH 2 EACH I,030 CY 680 Ton 340 Toa 1,430 L.F. 6 EACH 620 C.Y. 0.4 ACRE 16 EACH 2 EACH. LUMP SUM GR03g qym-mrrA- GROSS SUBTOTAL W/ENR ADJUST TOTAL WITH 20%.ADMINISTRATIVE FEES INSPECTION FEES ENR ISSUE -May ZOOX = G7.88.2Z 92 UNIT COST S 6,000.00/AC $ 5.00/Cy $ 24.00/LF S 800.00/EA $ 250.00/EA $ 5,000.00/EA $ 1,500, 00/EA S 22.00/Cy S 65.001TON S 65.00/TON S 5.001LF $ 200.00/EA $ 5.00/LF $ 8,000.00/AC $ 150.00/EA $ 250.00/EA. LUMP Sum toNby01 p.3 TOTAL CAST S 6,000.00 $ 16,300.00 $ 27,840.00 S 10,400.00 1,000.00 $ I 0, DOU.00 $ 3,000.00 22,660.00 $ 44,200.00 $ 22,100.00 $ 7,150.00 $ 1,200.00 S 3,100.00 S 3,200.00 S 2,400.00 $ 500,00 $ 1,000.00 $ 182,050.00 $ 234,344.00 S 28� 1212 00 S 7,030.00 _ .1 UJLJJ r -Nuel NAkrIra DEEBENE PAGE 02 BOND CALCULATION HILLTOP BUSINESS PARK f ORIGINAL BOND: JUNE 11T', 2001 REDUCED BOND: AUGUST 23R°, 2001 ITEM QUANTITY UNIT COST TOTAL COST REMAINING > CLEARINGIGRUBBING 1.0 ACRES S 6,000.00/AC $ 0.00 > ROUGH GRADE 3,260 C.Y. S 5.00/Cy S 0.00 ( 2,630 C.Y. -Cut) (+ 630 C.Y. - Fill) > STORM SEWER Pipc (i8" Dia. HDPE) • Catch Basins I, 160 L.F. S 24.00/LF $ 0.00 + End Sections 13 EACH 4 EACH S S 800.00/EA 250.00/EA $ S 0.00 Detention Pond 2 EACH S 5,.000.00/EA S 0.00 5,000.00 + Outlet Structure 2 EACH S 1,500.00/EA S 3,000.00 > FOUNDATION (12') 1,030 CY $ 22.00/Cy $ 0.00 BINDER COURSE (4') 680 Ton S 65.00/TON S 0.00 > TOP COURSE (2") 340 Tan $ 65.00/TON S 22,100.00 > BERM 1,430 L_F_ $ 5.00ILF $ 0.00 D MONUMENTS 6 EACH S 200.00/EA S 1,200.00 > BACKFILL 620 C.Y. $ 5.001LF S 000 TO,PSO,IUSEEDING 0.4 ACRE S 8,000.00/AC S 3,200.00 > STREET 'TREES 16 EACH S 150.00/EA S 2,400..00 A SIGNAGE 2 EACH S 250.00/EA. S 500.00 ➢ EROSION CONTROL LUMP SUM LUMP SUM S 1. Mon NO GROSS SUBTOTAL, S 38,400.00 GROSS SUBTOTAL W/EN,H ADNSTMENT LAPrd 92 (4885) to Au .2016, 2001 6388 S 50.215.00 TOTAL WITH 20% ADMYMSTRATNE FEFS S 60 258.00 INSPECTION FEES (From Initial Bond Calculation) ENR ISSUE-AUZUSt 20', 2001- 6388,64 S 7,030.00 ti.0 UTICA MUTUAL INSURANCE COMPANY FINANCIAL. STATEMENT AS OF DECEMBER 31, 2000 ASSETS U -S. Governmental Direct Guaranteed Bonds All Other Bonds Stocks Mortgages Cash Equities & Deposits in Pools and Associations Premiums in Course of Collection Interest Due and Accrued Other Admitted Assets Total Admitted Assets Surplus Funds $ 40,054,449 1,263,988,040 171,729,070 0 3,629,356 0 131,134,818 16,955,852 111, 683, 040 $ 1,739,174,625 Dividend Reserve General Voluntary Reserve Special Contingent Surplus Divisible Surplus Surplus as Regards Policyholders Total STATE OF NEW YORK COUNTY OF ONEIDA ss: LIABILITIES AND SURPLUS Reserve for all Losses Unearned Premiums Reserve for Claim Expenses Dividends Taxes Accrued Federal Income Tax Amounts Withheld on Account of Others Provision for Reinsurance Miscellaneous Accounts Payable Total Liabilities $ 2,453,265 1,500,000 1.7G0_000 468,581,536 474,234,801 $ 1,739,174,625 $ 674,387,447 277,366,616 197,757,299 8,288,303 5,876,581 0 12,156A75 15,131, 305 73,975.799 $ 1,264,939,825 J. Douglas Robinson, President & CEO of the UTICA MUTUAL INSURANCE COMPANY, New Hartford, New York, being duly sworn, says that he is the above described officer of said Corporation, and that on the 31st day of December, 2000, all of the assets shown above were the absolute property of the said Corporation, free and clear from all liens or claims thereon except as above stated, and that the foregoing statement is a full andtrue exhibit of all assets and liabilities of the said Corporation at the close of business December 31, 2000, according to the best of his knowledge, information and belief. Subscribed and sworn to before me the 2nd day of April, 2001. u President & CEO Notary Public in the State of New York Appointed in Oneida County My Commission Expires April 30, 2002 Attest Secretary 8-B-50 Ed. 3-2001 R_a_q =,i 1 in+ To: Town Board — Town of Wappinger Attention: Supervisor Constance O. Smith Franx Peter J. Maggi CC: Hon. Vincent Bettina, Councilman Hon. Joseph Paoloni, Councilman Hon. Joseph Ruggiero, Councilman Hon. Robert Valdati, Councilman Planning Board Gloria Morse, Town Clerk Albert P. Roberts, Esq. Graham Foster, Highway Supedntendent Tatiana Lukianoff, Zoning Administrator Lawrence J. Paggi, P.E., P.C. Roger Humeston, RGH Construction Onto June 11,2001 Re: Hilltop Business Park Bond Calculation Comments: Dear Supervisor Smith and Board Members: This office has calculated the amount of the bond for roadway and utility construction for the Hilltop Business Park. A copy of said bond calculation is enclosed herein. The total construction value of the work (adjusted to June, 2001 dollars) is $ 234,344.00. It has been the practice of the Zoning Administrator's, office to add 20% for necessary administrative costs, which, would make the total $ 281,212.00. The inspection fee for this portion, of the project is $ 7,030.00. Please feel free to contact this office if you have any questions or comments. Thank you. C • Page 1 BOND CALCULATION HILLTOP BUSINESS PARK JUNE 11TH, 2001 ENR ISSUE — May 2001= 6288.22 ITEM QUANTITY UNIT COST TOTAL COST ➢ CLEARING/GRUBBING 1.0 ACRES $ 6,000.00/AC $ 6,000.00 ➢ ROUGH GRADE 3,260 C.Y. $ 5.00/CY $ 16,300.00 ( 2,630 C.Y. —Cut) (+ 630 C.Y. — Fill) ➢ STORM SEWER • Pipe (18" Dia. HDPE) 1,160 L.F. $ 24.00/LF $ 27,840.00 • Catch Basins 13 EACH $ 800.00/EA $ 10,400.00 • End Sections 4 EACH $ 250.00/EA $ 1,000.00 • Detention Pond 2 EACH $ 5,000.00/EA $ 10,000.00 • Outlet Structure 2 EACH $ 1,500.00/EA $ 3,000.00 ➢ FOUNDATION (12') 1,030 CY $ 22.00/CY $ 22,660.00 ➢ BINDER COURSE (4') 680 Ton $ 65.00ITON $ 44,200.00 ➢ TOP COURSE (2") 340 Ton $ 65.001TON $ 22,100.00 ➢ BERM 1,430 L.F. $ 5.00/LF $ 7,150.00 ➢ MONUMENTS 6 EACH $ 200,00/EA $ 1,200.00 ➢ BACKFILL 620 C.Y. $ 5.00/LF $ 3,100.00 TOPSOIL/SEEDING 0.4 ACRE $ 8,000.00/AC $ 3,200.00 ➢ STREET TREES 16 EACH $ 150.00/EA $ 2,400.00 ➢ SIGNAGE 2 EACH $ 250.00/EA. $ 500.00 ➢ EROSION CONTROL LUMP SUM LUMP SUM $ 1,000.00 GROSS SUBTOTAL $ 182,050.00 GROSS SUBTOTAL W/ENR ADJUSTMENT [April 92 (4885) to May 01 (6288)] $ 234,344.00 TOTAL WITH 20% ADMINISTRATIVE FEES $ 281,212.00 INSPECTION FEES $ 7,030.00 ENR ISSUE — May 2001= 6288.22 AECEIVEL .JAN 2 2 2010 MAINTENANCE AGREEMENT SECURED BY MAINTENANCE BOND WHEREAS, the undersigned, Andlyn Associates, Inc,, with offices at 210 New Hackensack Road, Wappingers Falls, New York 12590, has now completed the roads and other required public improvements in connection with the Subdivision known as " Hilltop Business Park", prepared by Lawrence J, Paggi, P.E. and Gary R. LaTour, LS, dated October 19, 1999, last revised July 2, 2001, which map has been filed in the Dutchess County Clerk's Office as filed map number 11264 (hereinafter the "Subdivision") which roads and other required public improvements are ready to be dedicated and accepted by the Town of Wappinger; and WHEREAS, pursuant to the Subdivision Regulations of the Town of Wappinger (hereinafter the "Town") the undersigned is required to guarantee that the quality and workmanship of any roads and public improvements to be dedicated to the Town in connection with the aforementioned "Hilltop Business Park Subdivision", will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town; and WHEREAS, to secure the obligations to guarantee the quality and workmanship of said roads and public improvements, the undersigned has obtained a Maintenance Bond issued by Utica Mutual Insurance Company in the principal sum of.Fifty Six Thousand Two Hundred Forty Two Dollars ($56,242,00) issued in favor of the Town of Wappinger as Obligee; and WHEREAS, as additional security to secure the obligation that the roads and other public improvements will be free from defects in materials and workmanship, Nicholas J. DeLuccia, as President of the undersigned, has further agreed to personally guarantee the obligations set forth in this Maintenance Agreement. PORV,*9) �6�0pRoard\Hilltop%Maintenance Agreement - Maintenance Bond.DDC NOW, THEREFORE, the undersigned, Andlyn Associates, Inc., by its President, Nicholas J. DeLuccia , hereby guarantees that the quality and workmanship of the roads and other public improvements constructed and installed in connection with the Subdivision will be free from defects in materials and workmanship for a period of one year from the date of acceptance of said roads and improvements by the Town and the undersigned further agrees to maintain and repair said road and public improvements in accordance with the Ordinances, Local Laws, Rules, Regulations and Code of the Town of Wappinger for a period of one year from the date of acceptance of said roads and improvements by the Town. As security for this Maintenance Agreement, the undersigned delivers to the Town the following security for the faithful performance of the obligations contained herein: A Maintenance Bond issued by Utica Mutual Insurance Company in the principal sum of Fifty Six Thousand Two Hundred Forty Two Dollars ($56,242.00) in favor of the Town, which Maintenance Bond is attached hereto, and the undersigned consents to the terms thereof as security for the obligations contained herein. The undersigned understands that if the security posted hereunder shall lapse or expire for any reason, then this bond will be deemed in default and lots within the subdivision will no longer be eligible for building permits or certificates of occupancy until new and sufficient security is posted. As additional security for this Maintenance Agreement, Nicholas J. DeLuccia, as President of Andlyn Associates, Inc. further joins in the execution of this Agreement for the sole purpose of guaranteeing the faithful performance of the obligations created hereunder. Date: January 20, 2010 ANDLYN ASSOCIATES, INC. By; Nicholas J. DeLuccia, President Nicholas J. DeLuccia, Individually as Guarantor P sl E��isbl��/��tJ°ardlHilltoplMaintenarrce Agreement - Maintenance Bond.POC STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) On the 20th day of January, 2010, before me, the undersigned, personally appeared NICHOLAS J. DELUCCIA, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument_ Notary Public ALBERT P. ROBERTS NOTARY PUBLIC, State of New York Qualified in Dutches; County Commission Expires Feb. 28, 20 1_ P'IXf g?111bl �llU�8fR,,ard1Hilltop1Maintenance Agreement - Maintenance Bond,DOC UTICA MUTUAL INSURANCE COMPANY NEW HARTFORD, NEW YORK -Presentation Sample - MAINTENANCE BONQ.a Know all men by these presents, that we, Andlyn Associates, Inc. as Plq al, Company, New Hartford, New York, a Surety Corporation organized under the duly authorized to do business in the State of New York, as Surety, are held and Wappinger as Obligee, in the penal sum of ($563242.) tQ which payment wel. ourselves, and each of our heirs, executors, administrators, s sors and assigns j these presents, 1 Whereas, the said Principal entered into a c installation of the improvements listed on the and accepted allowing release of the originat Whereas, said contract provides that year(s) from date of acceptant materials which may become apparent Whereas, the said conte resolution is signed by Now, therefore, the loss that the O . ligee during the otherwise to r Signed, sealed may susiarrl one years} Yell force and Bond No. and U rof tual Insurance New York and 1 unto the To of to be madeZ&id by June 11, 2001 for` offstruction and 11, 2001 whjAj as been completed ltee for the period of in workmanship and , (this will be the date the h4if the Principal shall indemnify the Obligee for all ve 'terials or workmanship which becomes apparent resolution is signed) then this obligation shall be void, (L.S.) (L.S.) (L.S.) Principal(s) UTICA MUTUAL INSURANCE COMPANY By Caiola, Attorney -in -Fact QST BE SIGNED AND DATED TO BE CONSIDERED VALID 09/30/2004 15:10 FAX 8458875110 BRINUKERHUFFNhUVILLE 4NVVItVVI FAX MEMO' DATE: 09/30/04 2:45 PM TO: Tanya T. of Wapping s Zoning Bd. FAX: (845) 297-0579 RE: Andlyn Associates Bond #SU3288479 BRINCKERHOFF AND NEUVILLE, INC. 1134 MAIN STREET, PO BOX 424 FISHK[LL, NX 12524 PHONE: 845-896-4700 COMMERCIAL & BONDING, 845-896-4706 FAX: 845.897-5110 FROM: Rosemarie A. Robbins PAGES: (including cover sheet) Per our phone conversation today, the alcove referenced bond has been renewed. The renewal dates are September 17, 2004 to September 17, 2005. The amount of the bond is $60,258.00 If you have any additional questions, please feel flee to give our office a dill. of: PERFORMANCE AGREEMENT SECURED BY A SURETY BOND WHEREAS, the undersigned, ANDLYN ASSOCIATES, INC. with an address 210 New Hackensack Road Wappingers Falls, New York 12590 has made application to the Planning Board of the Town of Wappinger to approve a subdivision of lands more particularly described in a subdivision map entitled Hilltop Business Park prepared by Lawrence J. Paggi, P.E. & Gary R. LaTour, LS dated October 19, 1999, last revised July 2, 2001 and WHEREAS, the Planning Board granted final conditional subdivision approval, by Resolution dated November 20, 2000, subject to certain public improvements being made and constructed and subject to completion of the requirements set forth in the Town Subdivision Regulations, Highway Specifications and Zoning Law, and further subject to the requirements set forth in the letter(s) of Joseph E. Paggii, Jr., P.E. of Paggr_, Martin & DelBene, LLP, Engineer to the Town, dated July 11, 2001 & August 6, 2001 which improvements are depicted in a set of construction documents Sheet 1 of 4, 2 of 4, 3 of 4 dated October 19, 1999 & and Sheet 4 of 4, dated December 22, 1999, all -last revised July 2, 2001..,. --and WHEREAS, Town Law Section 277 requires that the developer guarantee the construction, installation and dedication of the required public improvements and obligations prior to issuance of any building permits; and RECEIVED (OPTIONAL PARAGRAPH FOR CORPORATION) U;u TOWN CLERK WHEREAS, to secure the obligation to guarantee the construction, installation and dedication of the required public improvements and obligations, Nick DeLuccia a principal officer and shareholder of the undersigned has further agreed to personally guarantee the obligations set forth in this performance agreement. NOW, THEREFORE, the undersigned Andlyn Associates & Nick DeLuccia hereby agrees to the following: 1. To make, construct, complete the improvements, and agree to perform all of the obligations set forth in the Subdivision Regulations, Highway Specifications and Zoning Law 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, in accordance with the Resolution of Subdivision Approval dated November, 20, 20000 the letter(s) of the Engineer to the Town dated July 11, 2001 & August 6, 2001, sheets 1 of 4, 2.of 4 & 3 of 4 dated October 19, 1999 and sheet 4 of 4 dated December 22, 1999 all last revised July 2, 2001,—and in accordance with the Local Laws, Ordinances, Rules and Regulations of the Town of Wappinger, within two (2) years from the date hereof 2. Upon construction and completion of the required improvements and obligations set forth above, and upon request of the Town, the undersigned will dedicate same to the Town, free and clear of any liens or obligations as set forth in the Local Laws, Ordinances, Rules and Regulations of the Town of Wappinger. 3. As security for this obligation, including sums sufficient to pay for attorney's or consultants' fees in the event the undersigned defaults hereunder, the undersigned will hereby deliver to the Town of Wappinger the following security for the faithful performance of the obligations the undersigned has undertaken herein: a surety bond issued by Utica Mutual Insurance Company, bearing number SU3288479 and issued in favor of the Town of Wappinger in the sum of $60,258.00, securing the obligation set forth in this Performance Agreement. 4. The undersigned Andlyn Associates, Inc. & Nick DeLuccia_ further binds his/her, theirs, executors, administrators, successors or assigns as the case may be, for the faithful performance of the obligation set forth herein. (OPTIONAL PARAGRAPH FOR CORPORATION) 5. As additional security for this obligation, Nick DeLuccia, an officer and shareholder of Andlyn Associates, Incfurther joins in the execution of this document for the sole purpose of guaranteeing the faithful performance of the obligations created hereunder. 6. The undersigned further acknowledges that if any default remains in the performance of the obligations created hereunder, the lots within the subdivision will no longer be eligible for building permits until such defaults are cured. Dated: 444-2-1-69 ,,,;,:dlyn Corporation Nick DeLuccia, i resident Nick DeLuccia Title: President (Individual) STATE OF NEW YORK ) ss.. COUNTY. OF DUTCHESS } r� f On the ld�4' " day of ; :hk�''' t1- , before me personally came N� t. C.L�-7- and , to me known to be the individual described in and who executed the foregoing document, and acknowledged that /hei executed the sam (Corporate) STATE OF NEW YORK ss.: COUNTY OF DUTCHESS ) NotariVPublic GERARCr J. COMATOS Notary Public, State of Now York Qualified in Dutclses;j County Commission Expires June 15, 20 On the da of U i-�9 before me personally came Ah Y6145 S J]8"LV eC, L , to me known, who, being b:me duly sworn, did depose and say that (s)he resides at 76 m dee rj,C- , New York, that (�O he is the of A zJS5 the corporation described in and which executed the foregoing instrument; and that (�)he signed his/her name thereto by order of the board of directors of said corporation. Notar Public (Partnership) STATE OF NEW YORK } ) ss.. COUNTY OF DUTCHESS ) On the day of came to me sworn, did depose and say that he that he is a general partner of , a New York General Partnership, that he had authority to execute the foregoing instrument; that he acknowledged to me that he executed the same as such partner of , in the name of which and on behalf of which, the foregoing instrument was so executed by him, and that said execution thereof is hereby acknowledged as the act and deed of GERARD J, COMATOS Notary Public, State of New York Qualified In Dutchess County Commission Expires June 15, 20 199_, before me personally known, who being by me duly resides in NOTARY PUBLIC 4 UTICA MUTUAL INSURANCE COMPANY NEW HARTFORD, NEW YORK -ECEIVEL Bond Na. SU 3288479 FEB 0 12010 'Ary�1 MAINTENANCE BOND Know all men by these presents, that we, Andlyn Associates, Inc. as Principal, and Utica Mutual Insurance Company, New Hartford, New York, a Surety Corporation organized under the laws of the State of New York and duly authorized to do business in the State of New York, as Surety, are held and firmly bound unto the Town of Wappinger as Obligee, in the penal sum of ($56,242.) to which payment well and truly to be made we bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. Whereas, the said Principal entered into a contract with the Obligee dated June 11, 2001 for construction and installation of the improvements listed on the Engineer's estimate dated June 11, 2001 which has been, completed and accepted allowing release of the original Performance Bond. Whereas, said contract provides that the principal will furnish a bond conditioned to guarantee for the period of ONE year from date of acceptance of improvements by the obligee, against all defects in workmanship and materials which may become apparent during said period, and Whereas, the said contract has been completed, and was approved on the 25th day of January, 2010 Now, therefore, the condition.of this obligation is such that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which becomes apparent during the period of one year(s) from and after (date resolution is signed) then this obligation shall be void, otherwise to remain in full force and effect. . Signed, sealed and dated January 29, 2010. Andlyn Associates, Inc. (L.S.) (L.S.) (L. S.) Principal(s) UTICA MUTUAL INSURANCE COMPANY E C , a""tL� Kathleen E. Caiola, Attorney -in -Fact B -B-118 Ed. 6-66 THE FACE OF THIS DOCUMENT HAS A BLUE BACKGROUND - NOT A WHITE BACKGROUND THE BACK OF THIS DOUUMI he :execution , bi di T. - MUtl AL INSURANCE o such bonds and::`dfideft6kf6qs shill': -6. as.. ining upon -said IC -;AO 30V=l 3141 M31A 01 3 , I!DNV IV GIOH - 7ItJ'VWH2.LVM "IVIDIdil-kiV NV SNIVlNO3.LN3wnooaSIHI _AO )IOVS 3H., GNno� ` ^ ^~ ' ACKNOWLEDGEMENT OFSURETY Utica Mutual insurance Company 0 Graphic Arts Mutual Insurance Company STATE OF N-fw-Yydk.—.—.---_ � ou: onUhis'2Sth .... day of_J@��__._____—___---.—.-20��—.before nneparsnnuUvuanne ______.______tnrneknown, who, being duly sworn, did depose and say: that she resides in N ew.HaftqT�ONg�y�- York that she is Atto rn ey-in- Fact of the Corpo`r��,`on- described in a--n"dw'hich executed the attached instrument; that she knows the seal of said Corporation, that the seal affixed to said instrument is such corporate seal; that it was so affixed pursuant to power conferred on her by .-Power of rne granted to her b id Corporation and that she signed said instrument as Attorn�y�y-in-Fact o id poratio sua to such Ouami&d in Ootwdcq PR|NClPAL*SINDIVIDUAL ACKNOWLEDGEMENT T STATE OF ............... _--- uo.: COUNTY OF _ _.__.____ U ----'--- � {}nthis ....................... day of- --- ....... ........................... .---.befone me personally canoe .tnnneknown and known tuMe --'--'---''-�� |dancrbodi and mndheacknowledgedton�e that he executed the sarne.' hobethaind��ua ancn in - NOTARY PUBLIC PRINCIPAL'S CO -PARTNERSHIP ACKNOWLEDGEMENT STATE OF ---------------- _ as.: COUNTY OF ------------- On this '---'-' � Onthis _- ' davof_____________._._-'-----�D---.bmfore me personally came ----''----annernberoftheCn-oahnershpof ---'--''--'----'--'''--------'-----------'----------� me and knovvnton`e ---------------------'—''''---------'''''-'----'—'--'''---'-- that exocutmdUl �te�ep�mn�m�d�u�a |n�� |n�ume��dhe e me same as and for the act and deed of the said Co -partnership, ............ --......... ............... ------- mOTARYPUBLIC PRINCIPAL'S CORPORATE ACKNOWLEDGEMENT STATE OF ................... I COUNTY OF ._--_'---- � On this.-,. ____ day of______________._____-_RO'--.befora mehomn�n --'-'--__________^torne known, who, being by me du�avvurn.d|ddnpoeeandaay.dlathereodeo|n____._________---.---_-------'---___� �' that hcis ----''--'`____.......... of -----_.—..------.-_.____._.--. the Corporation nand which executed the foregoinginstrument; that haknows the Corporate Seal nf said Corporation; and the Seal affixed hnsaid instrument iesuch Corporate Seal; that itwas eoaffixed by order of the Board of Directors of said Corporation, and that he signed his name thereto by like order. -_..... '------��------'---.—.-� N�T�nvPU�uc UTICA MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT AS OF DECEMBER 31, 2008 ASSETS U.S. Governmental Direct Guaranteed Bonds $ 103,451,686 All Other Bonds 1,458,624 236 Stocks 196,690,274 Mortgages 0 Cash and Short -Term Investments M027.028 028 Equities & Deposits in Pools and Associations 7,349,813 Premiums in Course of Collection 137,074,850 Interest Due and Accrued _ 18.310,941 Other Admitted Assets _ 194 353,056 Total Admitted Assets $ 2,145,881,885 Surplus Funds Dividend Reserve General Voluntary Reserve Special Contingent Surplus Divisible. Surplus Surplus as Regards Policyholders Total STATE OF NEW YORK COUNTY OF ONEIDA ss: LIABILITIES AND SURPLUS Reserve for all Losses 777,058,471 Unearned Premiums 265,655,893 Reserve for Claim Expenses 234,964,949 Dividends 13,747,054 Taxes Accrued 4,364,018 Federal Income Tax 0 Amounts Withheld on Account of Others 10,934,027 Provision for Reinsurance 23,457,797 Miscellaneous Accounts Payable 91,875,926 Total Liabilities $1,422,058,135 4,268,853 1,500,000 1.700,000 716,354,898 723,823 $ 2,145,881, 885 Brian P. Lytwynec, President & COO of the UTICA MUTUAL INSURANCE COMPANY, New Hartford, New York, being duly sworn, says that he is the above described officer of said Corporation, and that on the 31st day of December, 2008, all of the assets shown above were the absolute property of the said Corporation, free and clear from all liens or claims thereon except as above stated, and that the foregoing statement is a full and true exhibit of all assets and liabilities of the said Corporation at the close of business December 31, 2008, according to the best of his knowledge, information and belief. Subscribed and sworn to before me the 16th day of March, 2009. Notary Public in the State of New York Appointed in Oneida County My Commission Expires April 30, 2010 Attest 8-13-50 Ed. 03-2009 President & COO 5�� S. U'Z" Secretary 2010-68 Resolution Accepting Roads, Easements, Utilities and Other Pupuc Improvements Constructed in Connection with the Hilltop Business Park Subc�t isioiiTogether v4th Maintenance Agreement Secured by Maintenance Bond 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 January 2S, 2010. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina Ismay Czarnecki Joseph P. Paoloni The following Resolution was introduced by Councilman Beale and seconded by Councilman Paoloni. WHEREAS, Andlyn Associates, Inc. (hereinafter "Applicant") had previously made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in a subdivision plat entitled " Hilltop Business Park", prepared by Lawrence J. Paggi, P.E. and Gary R. LaTour, LS, dated October 19, 1999, last revised July 2, 2001; and WHEREAS, the Town of Wappinger Planning Board granted Preliminary and Final Subdivision Plat Approval, by Resolution dated November 20, 2000, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed, as set forth in the aforesaid Subdivision Map and related Contract Drawings, including dedication of the roads for Hilltop Business Park Subdivision, all in accordance with. the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town Code; and WHEREAS, Andlyn Associates, Inc. has completed development of the subdivision, including all of the improvements as required by the Resolution of Final Subdivision Approval, dated November 20, 2000; and WHEREAS, the Town Board has determined it is in the best interest of the residents of the Town of Wappinger, particularly the owners of the lots in the Hilltop Business Park Subdivision, to accept the roads, easements, utilities and other public improvements that have been constructed in accordance with the original Resolution of Subdivision Plat Approval; and WHEREAS, pursuant to Subdivision Regulations of the Town of Wappinger, Andlyn Associates, Inc., is required to guarantee that the quality and workmanship of the improvements accepted by the Town will be free from defects in materials and workmanship for a.period of one year from the date of acceptance by the Town; and WHEREAS, to guarantee the duality and workmanship of the public improvements, specifically, the roads and related drainage improvements, Andlyn Associates, Inc., has executed a Maintenance Agreement dated January 20, 2010; and WHEREAS, the Maintenance Agreement will be secured by a Maintenance Bond to be issued by Utica Mutual Insurance Company of New Hartford, New York, in the sum of Fifty -Six Thousand, Two Hundred Forty -Two Dollars and 001100 ($56,242.00), in accordance with the sample Maintenance Bond attached hereto and made a part hereof; and WHEREAS, Utica Mutual will not release the Maintenance Bond until such time as the . Town Clerk releases the Performance Bond bearing bond number SU3288479 in the principal amount of Sixty Thousand, Two Hundred Fifty -Eight Dollars and 00/100 ($60,258.00) as set forth below; and WHEREAS, as additional security to secure the obligation that the improvements will be free from defects, Nicholas J. DeLuccia, as President of Andlyn Associates, Inc., has further agreed to personally guarantee the obligations of Andlyn Associates, Inc. as set forth herein. 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. The Town Board hereby determines that it is in the best interest of the residents of the Town of Wappinger, particularly the owners of lots in the Hilltop Business Park Subdivision, to accept the road known as Bill Horton Way, and related easements, utilities and other public improvements made and constructed in connection with the Hilltop Business Park Subdivision, and the Town Board hereby accepts same upon delivery of the original Maintenance Agreement and Maintenance Bond above mentioned. 3. The Town Supervisor, Christopher J. Colsey, the Engineer to the Town, Robert J. Gray, and the Attorney to the Town, Albert P. Roberts, are authorized and directed to take whatever steps are necessary to have the deeds, easements and any related bills of sale, if any, recorded and/or filed in the Office of the Dutchess County Clerk and to execute any and all documents necessary for such recording and/or filing, upon a determination that the aforesaid improvements are delivered free and clear of any liens or encumbrances and are otherwise in compliance with the Town's Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town Code. 4. The Maintenance Agreement executed on January 20, 2010, by Andlyn Associates, Inc., with an address of 210 New Hackensack Road, Wappingers Falls, New York, 12590, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as theguarantee that the quality and workmanship of the road and other public improvements will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town as required by the Subdivision Regulations of the Town of Wappinger. 5. The Maintenance Bond to be issued by Utica Mutual Insurance Company and issued in favor of the Town of Wappinger as obligee in the principal sum of Fifty - Six Thousand, Two Hundred Forty -Two Dollars and 001100 ($56,242.00), securing the obligations set forth in the Maintenance Agreement, is hereby accepted as security for the Maintenance Agreement. 6. The personal guarantee issued by Nicholas J. DeLuccia, incorporated into the Maintenance Agreement, in favor of the Town of Wappinger, securing the obligations set forth in the Maintenance Agreement, is hereby accepted as additional security for the Maintenance Agreement. 7. The Town Board acknowledges that the developer, Andlyn Associates, Inc., has completed all of the work required by the Planning Board's Resolution of Final Subdivision Plat Approval, dated November 20, 2000, and that the Performance Agreement originally executed by Andlyn Associates, Inc. by Nick DeLuccia, on October 12, 2001, has been fully honored, and the Town Board hereby authorizes the Town Clerk to release the original Performance Bond issued by Utica Mutual Insurance Company in favor of the Town of Wappinger, bearing Bond #SU3288479, in the principal amount of Sixty Thousand, Two Hundred Fifty - Eight Dollars and 001100 ($60,258.00), on condition that Utica Mutual simultaneously, or as soon as practicable thereafter, delivers to the Town Clerk the Surety Maintenance Bond in the sum of Fifty -Six Thousand, Two Hundred Forty -Two Dollars and 001100 ($56,242.00), in the form acceptable to the Attorney to the Town. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 1/25/2010 The Resolution is hereby duly declared adopted. HN C. STERSON, TOWN CLERK