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Roberts Rd. Pump OpeningP I .. ..... .. .. INF Su.ISSUE DATE (MM/DD/YY) 9/10/93 1*66 CER JHIS UFKIII-IUAII= 15 Ib5UEL) AS A MA 1 11:11 V1- INI`-VMMAIIVN UNLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE The Young Agency, Inc. Bridgewater Place DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE 5170 Plum Street, Suite 200 Syracuse, NY 13204-1480 COMPANY LEITER A Aetna Casualtv & Sur.ety CO/NA 315-474-3374 COMPANY LEI TER B W—SURED Alpine Company of Poughkeepsie COMPANY LETTER C c/o The Pyramid Cos, COMPAN LETTER D 4 Clinton Square Syracuse COMPANY LETTER E NY 13202 ........ ....... CO: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY PEOUIREMENIT, TERM OR CONDITIONOF ANY CONTRACT OROTHEP DOCUMENT WITHRESPECT TOWHICH THIS CERTIFICATE MAY BE ISSUEDORMAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPEOF INSURANCE POLICYNI POLICYEFFECTIVE DATE(MM/DD1YV) POLICY EXPIRATION DATE(MM/DD/VY) LIMITS GENERAL LIABILITY GENERAL AMFEMTE 3000000 A X COMMERCIAL GENERAL LIABILITY 52GL5005856SUA* 9/01/93 9/01/94 PRODUCTS-COMP/OP AUG. 3000000 PERSONAL& ADV. INJURY 1000000 CLAIMS MADE ERI OCCUR. EACH OCCURRENCE 1000000 OWNER'S & CONTRACTOR'S PRCT FIRE DAMAGE (Any one firel 500000 MED. EXPENSE IAny one person EXCLUDED AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO BODILY INJURY (Per persanL ALL OWNED AUTOS SCHEDULED AUTOS ---- — - HIRED AUTOS BODILY INJURY (Per accident) NON -OWNED AUTOS PROPERTY DAMAGE GARAGE LIABILITY EXCESSLIAOILITV EACH OCCURRENCE AO6RF6AIE UMBRELLA FORM OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION AND 52C714036SUF 9/01/93 9/01/94 STATUTORY LIK41TS __ EACH ACCIDENT $ 500000 DISEASE-PULICY LIMIT $ 500000 DISEASE -EACH EMPLOYEE $ 500000 EMPLOYERS' LIABILITY OTHER IDESCRIPTION OF OPERATIONSILOCATIOIYSIVEHICLESISPECIAL ITEMS RE: Alpine Shopping Center SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF 'THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYSWRII TENNO TICE TO THECEPTIFICA I E HOLDERNAMEDTO THE Town of Wappinger LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR P.O. Box 324 LIABILIT Y OF ANY KIND UPON THE COMPANY, IT S AGENT S OR REPRESENT A T IVES, W a p p i n g e r Falls, NY 1 259 0 AUTHORIZED REPRESENTATIVE 057090047 ZONING DEPARTIrlEAT 20 MIDDLESUSH ROAD P.O. BOX 324 CONSTANCE O. SMITH SUPEAVISOA HERBERT J. LEVENSON ZONIING ADMINISTRATOR To: Hon. Elaine Snowden, Town Clerk, Town of Wappinger From: Herbert J. Levenson, Zoning Administrator, Town of Wappinger Re: Alpine Companies of Poughkeepsie - Letter of Credit L/C No. H-307626 Amendement No. I dated August 23, 1993 Date: August 31, 1993 Attached please find copy of the following documents: 1. Letter of Credit L/C 11-307626 Amendment No. I dated August 23, 1993. We would appreciate you filing these documents. As always we thank you for your kind and continued cooperation. HiL/jf CC: Albert P. Roberts, Esq. f2) NMARINE MIDLAD BANK, N.A. ( One Marine Midland Center 1Gth Floor Buffalo, New York 14203 �'�eLql EsLste France Dmsicry August 23, 1993 VIA AIRBORNE EXPRESS VIA FACSIMILE #914-297-1048 Mr. Edward Kellogg Alpine Company of Poughkeepsie 1357 Route 9 Wappinger Falls, New York 12590 Re: L/C #H307626 - Alpine Company of Poughkeepsie (Beneficiary - Town of Wappinger, New York) Dear Mr. Kellogg: Enclosed please find the amendment to the above referenced Standby Letter of Credit. Should you have any questions, please call me directly at (716)841-7088. PGH/ah Enc. cc: M. Hadley E. Bartels T. Fennell Very truly yours, MARINE MIDLAND BANK, N.A. Patrick G. Harrigan Vice President Wj ELAiN"-= SNOWDEN T(J'VVN CLEPX member HSBC <D group RI ��- E:2' 0 [9 V [ 9 "7 5I q A UG' Enclosed please find the amendment to the above referenced Standby Letter of Credit. Should you have any questions, please call me directly at (716)841-7088. PGH/ah Enc. cc: M. Hadley E. Bartels T. Fennell Very truly yours, MARINE MIDLAND BANK, N.A. Patrick G. Harrigan Vice President Wj ELAiN"-= SNOWDEN T(J'VVN CLEPX member HSBC <D group RI ��- E:2' 0 [9 V [ 9 "7 '�J�f OVIAXIONE M10I.AND BANK, Va A 71; I MARNE NADLAN11) CENTER BUFFALO, QEF 420 BANK: DIRECT TOWN 02' WAPPINGER Nhl� '101,,L 20 1' IDD2,EFJ"J'S,11. WAPPING,EPt, NEW YOld, ATTN. TOWN SUPERVISOI-, 2-�UGUST 23 1993 Al�iENDMFNT NO: 1 APPLICANT: 1\111NE COMPANY OF POUGHKI,,EPISIE C/O THE PYRAMID COMPANIES 4 C L - lj,"9T()N' S(.-,',UARF SYPACUSE, NY 13202 THE LETTER OF CREDTT 11A"'; D'EhEl AS FcLIXWS: Dhl-. ETE' ITER NO� 3 UNDER DOCUMENTS, AND IIJSERT ThE FOLLO , WING -. COPY OF TJ -1,'B' CEI-cTIFIEP Y -All ', RETURN RECEIPT 1,,'hkh'lPT OP REJECTION BY A!,PINE COMPANY OF POUGHK,EP SIE 01' THL NOTICE RE(,-7UIREID UNDEl.'( PARAGRAPH 8 0-'F TY31] SETE PLAN YODIFICATION AGREEMENT DA.TLD PXlGJJST20, 1993, ATTACTIED TO A CERT111"J.' CATE PURPORTEDLY SIGNED 1"Y THL TOWN ZiTTORNEY CERTIFYING '.1'112\.T ',;UCI+ COPY TS A TRUE AND COMPLETE COPY OF ThE SAID RBTLI.,'ll PECh',11"T. CONDITIONS OF THE CREDIT REIVIZ�11N UNCEANCED. ThIS IS; TO 131', CONSIDER.ED AS PART OF ABOVE CREDIT AND NIUST BE ATTACHED 11-307626- ---003--Al.-01-0�2-01L ZONING GZG� oovoar_>000 -4g til rl zg *3 m(') i� �M m 0 M 0 m 0c o' �a�n►�r� �d0 w C2 w til 1-9 00 H � 2 0 Q 0C . WO ,, Ul FO H pUlCiOO'� a b � c�AD. 0000y a+ � GHQ b 0. > wt4 F. 0 y 0 o" w tii oVILTI roio to, M .. <d R ~ 0 1-+ bd m r o h--7 1:� Q AUG -11-93 WED 15:11 G3 P.02 GERALD A. VERGILIS* KENNETH M.STENGER ANTONIA T. LUCIA ALBERT P. ROBERTS JOAN F. GARRETT" CARMINE J. CAROLEI • ADMITTED TO PRACTICE IN NY & FLA. • • ADMITTED TO PRACPICE IN NY & CONN. August 13, 1993 VERGILIS, STENGER, Lucm & ROBERTS ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914)298-2000 FAX (914) 298-2842 Hon. Elaine Snowden Tas(vn .Clerk, Town of Wappinger 20 Middlebush Road P.O. Box 324 Wappingers Falls, NY 12590 Re: Alpine with Town of Wappinger Dear Elaine: LEGAL ASSISTANTS: DALE O' DONNELL AMY E. WOODARD POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (914) 452-1046 ADDRESS REPLY TO: ( ) POUGHKEEPSIE ( ) WAPPINGERS Enclosed herewith please find a photocopy of the recorded receipt from the Dutchess County Clerk regarding the assignment of the Robbins easement to the Town (water line). Very truly yours, VE$GILIS, STENGER, LUCI & R BERTS ALBERT. P . ROBERTS APR/aml cc: Hon. Constance O. Smith Joseph E. Paggi, Jr., P.E. Planning Board, Town of Wappinger 11 AL -KL CORP 2029 ROUTE 9, SUITE #203 FISHKILL, NY 12524 (914) 897-4384 FAX #(914) 897-3238 March 6, 1996 Town Board Town of Wappingers 20 Middlebush Road Wappingers Falls, NY 12590 ATTN: Jean Francese M P Gf E I , M- ] MAR 8 1 1- ZONING ADMINISTRATOR RE: Amended Declaration of Covenants, Restrictions and Rights -of -Way Between ALKL Corp. and Alpine Company of Poughkeepsie To Whom It May Concern, With reference to an inquiry made by Linda from the Town Planning Board, I have enclose a copy of the above mentioned amendment. This is to also notify you that the Alpine Company of Poughkeepsie has discharged all its monetary obligations to ALKL Corp. and is now the legal owner of the property referred to above. If you halve any other questions concerning this matter please contact me. Very 4y yours, s A. Klein, President gd sure ZONING DEPARTMENT 20 MIDDLEBUSH ROAD P.OBOX 324 WAPPINGERS FALLS, NY 12690-0324 (914) 297-6257 CONSTANCE 0. SMITH SUPERVISOR HERBERT J.LEVENSON ZONING ADMINISTRATOR To: Elaine Snowden, Town Clerk, Town of Wappinger From: Herbert J. Levenson, zoning Administrator, Town of Wappinger Re: The Alpine Go's. of Poughkeepsie Reserved parking Date: August 20, 1993 We submit the following documents to you for safekeeping: 1. Hartford Fire Insurance Company, Hartford , Conn. Bond #4900006, dated August 16, 1993, expiring August 16, 1996, in the amount of one hundred eighty thousand dollars ($180,000.00) to cover the reserved parking agree- ment between the Town of Wappinger and the Alpine Company of Poughkeepsie. 2. Hartford Fire Insurance Company financial statement dated December 31, 1992 3. Hartford Fire Insurance Company power of attorney properly executed. Thank you for your continued cooperation. HJL/jf THE ALPINE COMPANY OF POUGHKEEPSIE 1357 ROUTE 9 WAPPINGERS FALLS, NY 12590 (914) 297-1025 FAX (914) 297-1048 TO Town of Wappinger_Zoning Administration_ 20 Middlebush Road Wappingers Falls, NY 12590 LETT I @F TRN; liilllll OATEJOIb August 16, 1993 1 INO. ATTENTION Herb Levenson - Zoning Administrator ftr; Alpine Commons WE ARE SENDING YOU [X Attached 0 Under separate cover via Rand Deliver the following items: 0 Shop drawings 0 Prints El Plans 111 Samples 0 Specifications 0 Copy of letter C3 Change order KI A -.q 7;s 3 aw COPIES DATE NO. DESCRIPTION 2 8/16/93 4900006 Hartford Bond for the Reserve -Parking Agreement U U 116A MV0 Lk* U U11 U10 W ZO 1 18ilRKOR ....... .... ... .... THESE ARE TRANSMITTED as checked below: [2 For approval El Approved as submitted 6 For your use C) Approved as noted C] As requested 0 Returned for corrections (3 For review and comment 0 C1 FOR BIDS DUE 19—El PRINTS RETURNED AFTER LOAN TO US Fa*14"T W -Z • Resubmitcopiesfor approval • Submitcopiesfor distributiun • Return -corrected prints COPY TO Al Roberts w/attachment IV f. 0..1— . . . .... ... SIGNED: Edward A. Kellogg — Partner Cooley Business Forms, InCr it on0osuras aro not as n*tad, kindly notify WX at once. ZONING DEPARTMENT 20 MIDDLEBU'SH ROAD P,0. BOX 324 WAPPINGERS FALLS, NY 125W 0324 (914) 297-6257 CONSTANCE O. SMITH SUPERVISOR HERBERT Jf. LEVENSON ZONING ADMINISTRATOR To: Town Board, Town of Wappinger From: Herbert J. Levenson, Zoning Administrator, Town of Wappinger Re: Landscaping Bond #4900020 - Alpine Companies of Poughkeepsie $150,000.00 Date: August 3, 1994 On July 27, 1994 the undersigned inspected the landscaping at the Alpine Companies of Poughkeepsie and found the following: 1. Ten (10) dead trees at the south property line in the regrading area south of B J's need to be replaced. 2. One (1) pine tree adjacent to Olivieri property needs to be replaced. The above items were replaced and completed on July 28, 1994. In view of my inspection and the above trees being replaced the landscaping program is now complete. This office requests that you release the out- standing bond. Thank you for your cooperation. HJL/jf CC: Planning Board Dan Wery, AICP Albert P. Roberts, Esq. J. Paggi, Jr., PH August 2, 1994 THE ALPINE COMPANY OF POUGHKEEPSIE 790 SOUTH ROAD POUGHKEEPSIE, NY 12601 (914) 297-7600 (914) 297-2504 FAX Mr. Herb Levinson, Zoning Department Town Of Wappinger 20 NEddlebush Road P 0 Box 324 WappingerFalls, NY Zoning Administrator 12590 Re: Landscape Bond Dear Herb: f h ZONING ADMINISTRATOR As a result of our site visit last Wednesday, July 27, 1994 we have determined that all of the landscaping was completed for Alpine and is in good shape. We discussed on site that there was 10 dead trees at the south property line in the regrading area south of BJ's that needed to be replaced. Additionally, there was one pine tree that needed to be replaced adjacent to the Oliveri property. This work was completed on July 28, 1994. As a result of this we are requesting that the town planning board authorize you to release the landscape bond in the amount of $150,000 that has a expiration date of August 1, 1994. Edward A. Kellogg Partner/General Mana' /rmd TOWN CLERK ELAINE H. SNOWDEN (914) 297-6771 TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD P.O- BOX 324 WAPPINGERS FALLS, N.Y. 12590-0324 Mr. Edward A. Kellogg, Partner Galleria Mall Office 790 South Road Poughkeepsie, NY 12601 Dear Mr. Kellogg: SUPERVISOR CONSTANCE O. SMITH TOWN COUNCIL JOSEPH INCORONATO JOSEPH RUGGIERO ROBERT L. VALDATI JUNE A. VISCONTI Herewith enclosed please find your Bond, #4900020, in the amount of $150,000.00, which was held by the Town of Wappinger for the Landscaping of the Alpine Shopping Center, in accordance with the Planning Board Resolution of July 30, 1992. Said Bond was released by the wappznger Town Board at their regular meeting of August 22, 1994, upon the recommend- ation of the Zoning Administrator that the project was completed in accord- ance with the Landscape Plan Agreement. es Encl. cc: T/W Zoning Administrator Yours truly, Elaine H. Snowden Town Clerk Town of Wappinger ZONING DEPARTMENT 20 MIODLEBUSH ROAD P.O. 8OX 324 WAPPINGERS FALLS, NY 12590-0324 (914) 297-6257 TOWN OF WA.PPINGER July 7, 1993 Mr. Edward Kellogg, Partner Alpine Co's of Poughkeepsie 1357 Route 9 Wappingers Falls, New York I2590 Re: Road opening bond $55,000.00 Dear Mr. Kellogg: CONSTANCE O. SMITH SUPERVISOR HERBERT J.LEVENSON ZONING ADMINISTRATOR This is to inform you that the above road opening bond will expire on October 20, 1993. Kindly make the necessary arrangements to present a replacement bond in the amount of $55,000.00 on or before October 1, 1993. Thank you for your continued cooperation, we remain, Very truly yours, krt J. evenson Zoning Administrator HJL/jf CC: Town Board Planning Board J. Paggi, Jr., PE Dan Wery, AICP Albert P. Roberts, Esq. Jon Adams, Esq'. ZONING DEPARTMENT 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590-0324 (914) 297.8257 TOWN OF WAPPENGER CONSTANCE O. SMITH SUrEmBDR HERBERT J. LEVENSON ZONING ADMNI$TRATOR To: Blaine Snowden, Town Clerk, Town of Wappinger From: Herbert J. Levenson, Zoning Administrator, Town of Wappinger Re: The Alpine Company of Poughkeepsie Letter of Credit - L/C IH307626 - Marine Midland Bank, N.A. Date: August 23, 1993 We submit to you the following documents for safekeeping: d. Letter of Credit Marine Midland Bank of New York, Buffalo, New York, number H-307626 in the amount of five hundred thousand dollars ($500,000) 2. Terms - expires February 20, 1993 -automatically renewed August 20, 1994. Upon the original expiration unless we have notified the beneficiary otherwise by Certified mail, return receipt requested not less than thirty ('30) days before expiration date that the Letter of Credit will not be extended. 3. Agreement as to terms of issuing of Certificate of Occupancy will be forwarded as soon as they are executed. Thank you for your kind cooperation. HJL/jf CC: Planning Board Dan Wery, AICP J. Paggi, Jr., P.E. Albert Roberts, Esq. f?fFCL i nn AUG 2 3 1993 ELA E S 7-owN � �EN MARINE MIDLAND HANK, ISSUE DATE: AUGUST 20, 1993 1 MARINE MIDLAND CENTER L/C NO.: H-307626 BUFFALO, NY 14203 APPLICANT REFERENCE NO.: WAPPINGER, NY N ADVISING BANK: ******xzX DIRECT BENEFICIARY: TOWN OF WAPPINGER NEW YORK 20 MIDDLEBUSH ROAL WAPPINGER, NEW YORK ATTN: TOWN SUPERVISOR APPLICANT: ALPINE COL-PAYY OF POUGHKEEPSIE C/O Tf E PYi m2dI.D COMPANIES 4 CLINTON SQUAPE SYRACUSE, NY 13202 AMOUNT: USD 500 000.00 UNITEDFIVE PSTATES DOLUNDRED LAR) SAND AND 00/100 WE HEREBY ISSUE 7N YOUR FAVOR THIS IRREVOCABLE 1,ETTER OF CREDIT NUMBER H-307626 IN THE AMOUNT OF US$500 000.00 WHICH IS AVAILABLE BY YOUR DRAFT BEARING OUR CREDIT NUMBER AT SIGHT DRAWN .ON MARINE P%TDIAND BANK N.A. ONE MARINE MIDLAND CENTER, BUFFA O, NE WYORK 14203, ACCOMPANIED BY 'HE FHLOWING DOCU'IfiENTS : — BENEFICIARY`S SIGNED STATEMENT PURPORTEDLY SIGNED BY THE TOWN SUPERVISOR OF THE TOWN OF WAPPINGER CERTIFYING THAT ALPINE COMPPN-17 OF POUGHKEEPSIE HAS FAILED TO COMPLY WITH THE TERMS OF THE SITE PLAN MODIFICATION AGREEMENT DATED AUGUST 20 1993. COPY OF THE NOTICE OF DEFAULT REQUIRED TO Fs GIVEN PURSUANT TO PARAGRAPH 8 OF TEE SITE PLAN MODIFICATION AGREEMENT DATED AUGUST 20 1993, ATTACHED TO A CERTIFICATE PURPORTEDLY SIGNED BY THE TOWN AT'!''ORNEY CERTIFYING THAT SUCH COPY IS A TRUE AND COMPLETE COPY OF THE SAID NOTICE. 3 — COPY OF THE CERTIFIED MAIL RETURN RECEIPT EVIDENCING RECEIPT BY ALPINE COMPANY OF POUGHKEEPSIE OF THE NOTICE REQUIRED UNDER PARAGRAPH 8 OF THE SLATE PLAN MODIFICATION AGREEMENT DATED AUGUST 20 1993, ATTACHED TO A CERTIFICATE PURPORTEDLY SIGNED BY THE TOWN AT+ORNEY CERTIFYING THAT SUCH COPY IS A TRUE AND COMPLETE COPY OF THE SAID RETURIT RECEIPT. THIS LETTER OF CREDIT EXPIRES AT OUR COUNTERS ON FEB1'�UARY 20, 1994, PROVIDED, HOWEVER THAT THIS LETTER OF CREDIT SHALL BE DEEMED AUTOMATICALLY RENEWED UNTIL AUGUST 20 1994, UPON THE ORIGINAL E-PIRATION DATE UNLESS WE HAVE NOTIFIED THE BENEFICIARY OTHERWISE BY CERTIFIED MAIL RETURN RECEIPT REQUESTED, NOT LESS THAN THIRTY (30 DkYS EEFOPE. THE EXMATION DATE THAT THE LETTER OF CREDIT WILL NOT BE EXTEND D BEYOND THE ORIGINAL EXPIRATION DATE. WE HEREBY AGREE WITH YOU THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED ON DUE PRESENTATION TO THE DRAWEES, IF PRESENTED ON OR BEFORE TEE EXPIRATION DATE TO THE DRAWEES "'OGETHER WITH THIS LETTER OF CREDIT. THE AMOUNT AND DATE OF PAYMENT OF EACH DRAFT DUST BE ENDORSED ON THE REVERSE HEREOF BY OURSELVES. EXCEPT EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICES FOR D06UMENTARY CREDITS (1983 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 400. H-307626— —001—Li-01-02-01 — 1 — nR Ir,INA I GERALD A. VERGILIS* KENNETH M. STENGER ANTONIA T. LUCIA ALBERT P_ ROBERTS JOAN F. GARRETT** CARMINE J_ CAROLEI * ADMITTED TO PRACTICE IN NY & FLA. •• ADMITTED TO PRACTICE IN NY & CONN. October 1, 1993 VERGILIS, STENGER, LUCIA &L ROBERTS ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914) 298-2000 FAX (914) 298-2842 Hon. Elaine Snowden Town Clerk, Town of Wappinger 20 Middlebush Road P.O. Box 324 Wappingers Falls, NY 12590 Re: Alpine Shopping Center Our File No. 5456.9326 Dear Elaine: LEGAL ASSISTANTS: DALE O'DONNELL AMY E. WOODARD POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (914) 452-1046 ADDRESS REPLY TO: ( ) POUGHKEEPSIE ( } WAPPINGERS . OCT 05 1993 SNOWDEN OWN CLERK I enclose herewith a photocopy of a receipt of the recording page issued by the Dutchess County Clerk's Office in connection with the Consolidated Subordination Agreement executed by U.S. West Financial Services subordinating its mortgages to the various offers of cessions, declarations and easements granted to the Town of Wappinger by the Alpine Company. Please attach a copy of this recording receipt to the copies of the said documents you have in your file. Very truly yours, VERGILIS, STENGER, AtB P. ROBERTS APR/aml LUCIA & ROBERTS CC: Mr. Herbert Levenson (w/enc.) Hon. Constance O. Smith Joseph E. Paggi, Jr., P.E. DUTCHESS COUNTY CLERK RECORDING PAGE RECORD & RETURN TO: CORBALLY GARTLAND & RAPPLEYEA 35 MARKET STREET POUGHKEEPSIE NY 12601 RECEIVED FROM: C G R MORTGAGOR: US WEST FINANCIAL SERVS INC MORTGAGEE: ALPINE CO OF POUGHKEEPSIE RECORDED: 08/23/93 AT: 10:38:28 COUNTY CLERK: # 7660 RECORDED IN: MORTGAGE TAX INSTRUMENT TYPE: SUB AGMT DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS: ` RECORDING CHARGE: `1: 0 3$ai$ NUMBER OF PAGES: odwv �13� 9% � MORTGAGE AMOUNT: MORTGAGE TYPE: COUNTY TAX: MTA TAX: SPECIAL ADDL TAX: 1-6 FAMILY TAX: TOTAL TAX: SERIAL NUMBER: AFFIDAVIT: NO TAX/NO SER.# fZ1 ltti% 1141 1150 COUNTY CLERK BY: VLD / RECEIPT NO: R41034 BATCH RECORD: B00138 WILLIAM L. PARD I, JR. County Clerk �g5 � f � ZONING DEPARTMENT 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590.0324 (914) 297-0257 TOWN OF WAPPINGER CONSTANCE O. SMITH SUPERVISOR HERBERT d. LEVENSON ZONING .ADMINISTRATOR To: Thomas F. Classey, Building INspector, Town of Wappinger From: Herbert J. Levenson, Zoning Administrator, Town of Wappinger Re: Alpine company of Poughkeepsie Date: August 24, 1993 This is to notify you that this office has no problem with the issuance of a Certificate of Occupancy on the Super Stop & Shop. We attach, herewith, the following documents supporting this recommendation: 1. Letter dated August 24, 1993 from Attorney to the Town Al Roberts, Esq. approving the issuance of a Certificatse of Occupancy. 2. Copy of Letter of Credit - Marine Midland Trust Co. in the amount of $500,000.00 expiring on February 20, 1994, deemed automatically renewed August 20, 1994, unless Town is notified 30 days prior to.expiration it will not br renewed. 3. Site plan modification agreement properly executed August 23, 1993. Thank you for your Continued cooperation. HJL/jf CC: Planning.Board Dan Wery, AICD J. Paggi, Jr., P.E. Ed Kellogg Jon Adams, Esq. Albert P. Roberts, Esq. Town Clerk Constance 0. Smith, Supervisor GERALD A. VERGILIS° KENNETH M. STENGER ANTONIA T. LUCIA ALBERT P. ROBERTS JOAN F. GARRETT*" CARMINE J. CAROLEI • ADMTPTED TO PRACTICE W NY & FLA. •* ADMITTED TO PRACTICE 1K NY & CONN. August 24, 1993 VERGILIS, STENGER, LUCIA & ROBERTS ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914) 299-2000 FAX (914) 298-2942 Town Board, Town of Wappinger 20 Middlebush Road P.O. Box 324 Wappingers Falls, NY 12590 LEGAL ASSISTANTS: DALE 0*DONNELL AMY E. WOODARD POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (914) 452-1046 ADDRESS REPLY TO: ( ) POUG14KEEPSTE ( ) WAPPINGERS o � AUG 2 4 ZONING ADMINISTRATOR Attn: Hon. Constance 0.- Smith, Supervisor Planning Board, Town of Wappinger 20 Middlebush Road P.O. Box 324 Wappingers Falls, NY 12590 /.kttn: Donald J. Keller, Chairman - Q,�. ivi�Lj AUG � 4 1993 iyv� 7-CZlrr..,, OWD IV • Re: Certificate of Occupancy for Super Stop and Shop Building Site Plan Modification Agreement with Alpine Company Our File No. 5456.9326 Dear Connie and Don: Regarding the above referenced matter, Alpine Company was to provide: 1. Site Plan Modification Agreement to be secured by a $500,000.00 letter of credit; 2. A performance bond in the sum of $1.80,000.00 to secure the obligations set forth in the Declaration of Parking Covenant; 3. A revised title policy insuring an easement for the water line. In that regard, Jon Adams, attorney for Alpine, has prepared a SITE PLAN MODIFICATION AGREEMENT which I have reviewed extensively and requested a number of amendments.- The final agreement will be produced this afternoon with all changes. I attach herewith a photocopy of a letter of credit issued by Marine Midland Bank bearing number R-307626 in favor of the Town of Wappinger drawn on the account of Alpine Company of Poughkeepsie in the amount of $500,000.00 together with a copy of an undated amendment to same regarding paragraph 3 thereof. I approve the letter of credit with amendments. Please note that the Site Plan Modification Agreement has been drafted to coincide with the terms of the letter of credit as amended. Please be further advised that the letter of credit expires on February 20, 1994, however, it will be "deemed automatically renewed until August 20, 1994" unless the Town is notified 30 days before the expiration date that the letter of credit will not be renewed. Accordingly, this letter of credit must be diaried for follow-up on January 20, 1994 and February 10, 1994, as well as July 20, 1994 and August 10, 1994, if renewed. I have also reviewed a copy of the amended exception- sheet from Commonwealth Land Title Insurance Company policy number 167028559 and approve the same as to form. I have further reviewed the resolution adopted by the Planning Board on August 19, 1993 as drafted by Frederick P. Clark Associates (Daniel Wery) and find that the Site Plan Modification Agreement has been delivered consistent with said resolution. I am also in receipt of a copy of the Hartford Fire Insurance Company performance bond issued by the Young Agency, Inc., 500 Plum Street, Syracuse, New York, for a term ending August 16, 1966 and find the same acceptable as to form. Upon delivery of the above referenced items and the execution of the Site Plan Modification Agreement, the Certificate of Occupancy for the Super Stop and Shop building may be issued provided Alpine Company has complied with other provisions of the Zoning Law, Building Code and Fire Code. very truly yours, VERGILIS, STENGER, LUCIA & ROBERTS ALBERT P. ROBERTS APR/aml CC: Mr. Herbert J. Levenson Joseph E. Paggi, Jr., P.E. Daniel K. Wery, AICD Jon H. Adams, Esq. t iA�iINE MIDLAND BAiVK, N.A. ISSUE DATE: AUGUST 20, 1993 L/C NO.: H-307626 MARINE MIDLAND CENTERAPPLICANT REFERENCE NO.: WAPPINGER, NY BUFFALO. NY 14203 ADVISING BANK: APPLICANT: **********x*x DIRECT *****""*** *** ALPINE COMPANY OF POUGHKEEPSIE C/O THE PYi�i!D COMPANIES 4 CLINTON SQUARE SYRACUSE, NY 13202 BENEFICIARY: TOWN OF WAPPIIvGER NEW YORK 20 MIDDLEBUSH ROAL WAPPINGER, NEW YORK ATTN: TOWN SUPERVISOR AMOUNT:_ USD 500 000:00 UNFIVE I EDHUNDRED DOOLLARND AND 00/100 STA WE HEREBY ISSUE IN YCUR FAVOR THIS IRREVOCABLE LETTER OF CREDIT NUMBER Fit -307626 IN THE M10UNT OF 13S$500,000,00 WHICH IS AVAILABLE BY YOUR DRAFT BEARING OUR CREDIT NUMBER AT SIGHT DRAWN ON MARINE MIDLAND BANK N.A. ONE MARINE MIDLAND CENTER, BUFFALO, NE WYORK 14203, ACCOMPANIED BY THE FHLOWING D0CU14ENTS : 1 - BENEFICIARY'S SIGNED STATEMENT PURPORTEDLY SIGNED BY THE TOW -IN SUPERVISOR OF THE TOWN OF WAPPINGER CERTIFYING THAT ALPINE COMPAI'lY OF POUGHKEEPSIE HAS FAILED TO COMPLY WITH THE TERMS OF THE SITE PLAN MODIFICATION AGREEMENT DATED AUGUST 20 1993. 2 -- COPY OF THE NOTICE OF DEFAULT REQUIRED TO BA GIVEN PURSUANT TO PARAGRAPH 8 OF THE SITE PLAN MODIFICATION AGREEMENT DATED AUGUST 20 1993, ATTACHED TO A CERTIFICATE PURPORTEDLY SIGNED BY THE TOWN AHORNEY CERTIFYING7THAT SUCH COPY IS A TRUE AND COMPLETE COPY OF THE SAID NOTICE. 3 - COPY OF THE CERTIFIED MAIL RETURN RECEIPT EVIDENCING RECEIPT BY ALPINE COMPANY OF POUGHKEEPSIE OF THE NOTICE REQUIRED UNDER PARAGRAPH 8 OF THE SITE PLAN MODIFICATION AGREEMENT DATED AUGUST 20 1993, ATTACHED TO A CERTIFICATE PURPORTEDLY SIGNED BY THE TOWN AT'ORNEY CERTIFYING THAT SUCH COPY IS A TRUE AND COMPLETE COPY OF THE SAID RETURN RECEIPT. THIS LETTER OF CREDIT EXPIRES AT OUR COUNTERS ON FEBRUARY 20 1994, PROVIDED, HOWEVER THAT THIS LETTER OF CREDIT SHALL BE DEEMED AROMATICALLY RENEWED UNTIL AU86ST 20 1994, UPON THE ORIGINAL EXPIRATION DATE UNLESS WE HAVE NOTIFIED THE BENEFICIARY OTHERWISE BY CERTIFIED MAIL RETURN RECEIPT LETD,LESS OTRDAYS BEFORE- kEOTTHE LETTER OFCREDITWILL TBEEXTENDEDBEYONDTHE ORIGINAL EXPIRATION DATE. WE WE HEREBY AGREE WITH YOU THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED ON DUE PRESENTATION TO THE DRAWEES, IF PRESENTED ON OR BEFORE THE EXPIRATION DATE TO THE DRAWEES DTOGETHER RAFT MUSTIBE LETTER OF THECREVERSE HEREOFIT. THE �BYTAND DATE OF PAYMENT OF EACH OURSELVES. EXCEPT EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED THIS LETTER OF CREDIT IS REVISION)TTO THE INTERNAT AND 400 CREDITS (198-3 AUG '! 41993 H-307626- -001-LI-01-02-01 - 1 - AMENDMENT TO LETTER OF CREDIT,. xltttst.Y TYPE ALL INFORMATION APPLICATION FOR AMENDMENT To: ❑ IRFteV0CA$L9 COMMERCIAL LeTTER OF CREDIT 9XIRREVOCABLE STANDBY LETTER OF CREDIT BY: ❑ AIRMAIL ❑ CABLE MA.PIlNIN M>ICLANC HANK, N.A. 0 NEW YORK CITY E(8UEFAL4 ❑ ROCsESTER ❑ MIDSTATE—DINGMAMTON ❑ MIDSTATI—SYRACUSE Attentlon. Letter of Crsdlt Delsertment 41149 '0 � 1 ,993 /V0 Data .6123/93 Rcicrenca is made to your letter of credit It H-307526 aur retsrence I kappingar, NY w In favor of _ ., TO" of W52Pin31x o "M York yaks i r Kindly Increase by $ __. ...,. toverinE eddltlanal shlpment of Extend shipment date to Ettend evirativn We to Other a DOCUMENT 3 TO READ: ''COPY 4F THE CERTIFIED KAIL RETURN RECEIPT EVIDENCING KXCEIPT OR REJECTIO14 Syl ALPINE CoMpANY of PoVG1iKEEPSj.Z OF THY 140TICE REQUIRED UNDER PAfLAGRA-PH 8+ Or THE SITE PLAN MODIFICATION AGArr..XEKT DATED AUGUST 20, 1993, ATTACHED TO A GEATIFICATE 2URPORTEDLY SIGNED BY THE TOWN ATTORNEY CER71TYING THAT SUCH COPY IS A TRUE AND COMPLETE'COPY OF THE SAID RETURN RECEIPT." All other terms and condillons remaln vnCftan=ed. Le ti fiA Very truly yours, Alpine CampanZ of Pou hkasyeie APPMeW c/o The Pyramid Cow&r►ieb 4 dlirmun S unxe, Syracuse, itY W02, RAt.�._.-._..... R lip to �r Auf,+ostl l ) ON fILE WIN VAAIXE WY&Ai,4NIFIA AND SANK, N.A. 7fi6 bOd S10 S3INHdW00-3NId1H 3H1. OV0IL6Eb16 ti 5i C2—Do—E66i 11 prilp A 1, RiAwl-MrXI, IrM r Le ti fiA Very truly yours, Alpine CampanZ of Pou hkasyeie APPMeW c/o The Pyramid Cow&r►ieb 4 dlirmun S unxe, Syracuse, itY W02, RAt.�._.-._..... R lip to �r Auf,+ostl l ) ON fILE WIN VAAIXE WY&Ai,4NIFIA AND SANK, N.A. 7fi6 bOd S10 S3INHdW00-3NId1H 3H1. OV0IL6Eb16 ti 5i C2—Do—E66i SITE PLAN MODIFICATION AGREEMENT AGREEMENT made. this 2day Cf_ August, 1993 between ALPINE COMPANY OF POUGHKEEPSIE, a Massachusetts partnership, with its New York offices located at 1357 Route 9, Wappinger Falls, New York (hereafter "ALPINE"), and the TOWN OF WAPPINGER, NEW YORK, a municipal subdivision, having its offices located at 20 Middlebush Road, Wappinger Falls, New York (hereafter "TOWN"). WHEREAS;_ ALPINE has previously been granted a site plan approval for the construction of a shopping center consisting of two detached retail buildings, for which a certificate of occupancy has been issued for one building (BJ's) and for which ALPINE has now requested the issuance of a certificate of occupancy for a portion of the second retail building (Stop & Shop), and WHEREAS, as a result of a site visit on August 14, 1993 the Planning Board has determined material (hereafter "excess material") has resulted in a change of elevation in the area of the excess material from that originally approved, and WHEREAS, such excess materials are presently stored upon that portion of the site formerly the lands of Ivanoff, and WHEREAS, a determination must be made of whether such excess material should remain in place permanently or used as part of future site development (subject to appropriate grading, drainage and landscaping measures), or be removed, and REGENED AUG 2 4 193 ELAINE SNOWDEN AUG y2 4 M ZONING ADMINISTRATOR WHEREAS, if such site development does not occur and if the excess material is permitted to remain, the conditions under which it is to remain must be determined by the Board, and WHEREAS, such :determination as- to the disposition of the excess material is to be made after further review of the alternatives and the environmental impacts associated with the same, and - WHEREAS, ALPINE has not completed all the conditions of the resolutions of site plan approval and/or constructed improvements in accordance with the- TOWN's zoning law, specifically the completion of chlorination and bacteria testing of 150 feet of water line and construction of several parking spaces purportedly in excess of 5% grade, and WHEREAS, ALPINE has agreed to provide a letter of credit to assure the TOWN and its various boards and departments that an appropriate application will be made to amend the site plan and/or the approving resolutions of the site plan so as to- permit the excess material to remain on the site permanently or as part of a future site development, subject to appropriate conditions or to assure its ultimate removal, subsequent to the issuance of a certificate of occupancy for the Stop & Shop building, and WHEREAS, the above referenced letter of credit shall also be posted as security to assure that all unfinished conditions of site plan approval are completed and/or appropriate variances are attained to permit them to remain as constructed. V, NOW THEREFORE, in consideration of the issuance of the certificate of occupancy for.the Stop & Shop store, ALPINE agrees as follows: 1. Incomplete Site Plan Requirements: ALPINE agrees that the following site work, which remains incomplete at the present time, shall, be completed on or before October 31, 1993 as follows: a. bacteria test and Health Department approval of 150 foot water line spur at the southeast corner of the BJ's building,-' 1 b. reviewing whether portions of the parking area exceed'a grade of 5% and if so, reconstructing same to grade and/or obtain variances to permit them to remain as constructed; c. review by Town Engineer of drainage calculations for detention basin #5; d. any items of which ALPINE has notice in writing as not having completed. 2. Required Submissions: It will, on or before October 20, 1993, submit an application to the Planning Board to amend the site plan and/or approving resolutions either to (a) regrade, reseed (weather conditions permitting) and plant trees over the area of the excavated excess material and to realign the contours of such material to avoid any drainage impacts and to minimize the visual impacts of such excess material, or, in the alternative, (b) to use such material for 3 further site development, or -in the alternative, (c) to remove the material, or (d) a combination of the foregoing. Such application shall be accompanied by such information and documents, including a long form EAF or an amendment to the FEIS, as the Planning Board deems necessary for an appropriate engineering and environmental review of the proposed action. 3. Security:As security for the faithful performance to -be undertaken by ALPINE pursuant to this agreement, and as a precondition to the issuance of the certificate of occupancy, ALPINE shall deposit with the TOWN a letter of credit in the sum of $500,000.00 which shall be for a term of six (6) months with a provision providing for the automatic renewal thereafter. If a notice is not timely given by the issuer that the letter is renewed, the TOWN may draw upon the letter, with the proceeds to be deposited as substituted security until ALPINE has fully satisfied the terms of this agreement. In the event the issuer notifies the TOWN it will not renew the letter of credit, such notice shall be deemed a default permitting the TOWN to draw upon the letter. The letter of credit may be drawn upon only in the event of a default by ALPINE pursuant to this agreement. In the event of a default, the TOWN may draw upon the letter of credit to complete the site plan modification application and any necessary site work required by any amendment to the site plan or approving resolutions or any other obligation created by this agreement. Notice of default shall be given pursuant to Paragraph 8 below. Any draw on the letter of credit shall be 4 undertaken by the submission -o -f a sight draft to the issuer of the letter of credit accompanied by a statement signed by the TOWN Supervisor stating that ALPINE has failed to comply with theme terms of the Site Plan Modification Agreement dated April 1993 and shall be accompanied by (a) statement of the TOWN Supervisor that ALPINE has failed to comply with this agreement, and (b) copy of the notice of default certified by the TOWN Attorney -_as -a true copy, and (c) copy of the certified mail return receipt evidencing receipt or rejection by ALPINE of the notice with a certification by the TOWN`` -Attorney as' -being a true copy (said statement as provided in this sub -paragraph (c) shall not be required upon the failure of ALPINE l N` to provide evidence of renewal of the letter of credit). 4. Planning Board Review: The Planning Board shall examine the proposal as submitted by ALPINE, weigh the alternatives, consider the environmental impacts associated with the proposal, and either accept the proposal, modify the proposal, or, based upon its review and the recommendation of its consultants, direct ALPINE to remove excavated excess material subject to appropriate conditions and safeguards. 5. Additional Submissions: Upon the determination of an acceptable manner for the disposition of excavated excess material, ALPINE, to the extent determined necessary by the Planning Board, shall diligently submit 5 such `information as necessary to permit implementation of such plan, including a timetable for such implementation and completion. 6 SEQRA:- Upon its acceptance of a manner bf disposition of the excess excavated material acceptable to the Planning Board, ALPINE in cooperation with the Planning Board and its consultants, shall submit a supplement to the environmental assessment -documents previously submitted to permit an evaluation of the environmental impacts associated with the adoption of the plan and the Planning Board shall take such action as is appropriate to comply with state and local regulations as to environmental review. 7. Resolutions: Upon completion of the environmental review, the Planning Board shall determine whether an amendment to the site plan is necessary and shall take steps consistent with that determination. 8. Prompt Implementation: Upon adoption of a final action determining the manner in which the excavated material shall be retained, reused or removed, ALPINE shall immediately commence the implementation of the approved plan in accordance with the timetable adopted by the Planning Board. 9. Default: (A) In the event ALPINE fails to take steps consistent with this agreement, including the submission of the proposed plan or any revisions required by the Planning Board, the implementation of the plan, or upon notice from the issuer that the letter of credit 6 will not be renewed, the Planning Board may elect to deem ALPINE in default. Notice of such election shall be via certified mail, return receipt requested to ALPINE at the address above stated, to Corbally, Gartland & Rappleyea, 35 Market Street, Poughkeepsie, New York 12601, and to Marine Midland Bank, 1 Marine Midland Center, Buffalo, New York 14203, Attention: E.F. Bartles, V.P. (issuer of the letter of credit), and simultaneously by facsimile- notice to the same parties at the following numbers: ALPINE (914) 297-1048 Corbally, Gartland &,Rappleyea (914) 454-4857 Marine Midland Bank (716) 841-2707 Attn: E.F. Bartles, Vice President. ALPINE may, by written notice, change the addresses, ax numbers for such notice. (B) Notice of default shall be deemed served as of the date of the postmark and facsimile transmission. (C) Such notice shall advise ALPINE of the manner of default or omission and shall specify a reasonable time within and the manner in which such default may be cured. (D) If after ten (10) days of the date of notice of default is given, ALPINE has failed or neglected to commence such action, the TOWN is authorized to complete the approved site plan application and/or modification of the site plan and to take any action incidental to the same. The Planning Board shall recommend to the TOWN SUPERVISOR to draw on the letter of credit and to apply the proceeds to the implementation of the plan adopted by the Planning Board or to complete any other obligations of ALPINE 7 herein. The costs of implementation shall include the costs of processing the application, the costs of retaining contractors to complete any additional site work required by the approved plan or any amendments thereto, any other steps reasonably incidental to said work, and the costs of any professional consultants and attorneys' fees which may be necessary to implement and/or enforce compliance with this agreement. 10. Compliance with the Law;. All reviews by the Planning Board shall be taken in a manner consistent with the'Zoning Law of the TOWN of Wappinger and Town Law 5274-a and CPLR §7803(3). 11. Right of Entry: Upon default, the TOWN or its agents or contractors, shall have the right to enter upon any lands of ALPINE for the purpose of undertaking or implementing any action required by any amendments to the site plan or the approving resolutions, including the removal of the excavated excess material and/or -causing the restoration of the affected area and any other action associated with the removal. 12. Engineering Expenses: ALPINE authorizes C.T. Male Associates to be retained by the TOWN and to provide such consulting and engineering services to the TOWN as the TOWN deems necessary to implement the terms of this agreement. Such shall not preclude ALPINE from continuing to use the services of C.T. Male Associates. N 13. Return of Security: Upon completion of the work required by the plan adopted by the Planning Board, a report of such completion and an approval of such completion shall be given to the Planning Board by the Town Engineer. The Planning Board shall then authorize the return of the security to ALPINE. 14. Indemnification: (A) This agreement is made. at the request of ALPINE and is an accommodation for the benefit of ALPINE. ALPINE shall indemnify and hold harmless the TOWN from any claims arising from the adoption of this agreement to the extent this agreement does not otherwise provide security for any claims. (B) ALPINE shall also indemnify and hold harmless the TOWN from any costs or claims arising from this agreement, a breach thereof, or from the issuance of a certificate of occupancy for the Super Stop & Shop store. (C) To the extent the security described in preceding Paragraph 2 is insufficient to pay any costs of ALPINE created by this agreement, such cost shall be a lien upon the lands of ALPINE and ALPINE consents to such lien against the real property which is the subject of this site plan application. If ALPINE does not pay the TOWN for such expenses and/or fails to provide an additional letter of credit as security for the payment of such costs within twenty (20) days of the demand for such payment, the TOWN Board and/or the TOWN Supervisor is authorized to include and add to any tax levy attributable to the lands of ALPINE, a levy for such 9 unpaid amounts; which levy shall be included in the certification provided by the.TOWN Supervisor to the County Board of Supervisors pursuant to Town Law §115. 15. Waiver of Claims: - It is hereby agreed by ALPINE, which hereby binds itself, its successors and assigns, as a condition to the issuance of a certificate of occupancy for the Stop & Shop store, and based on the site plan approval, that all activity at the site be conducted by ALPINE, at ALPINE's sole risk and expense, and ALPINE does hereby for itself, its successors, assigns, agents, contractors and employees waive any right they or any of them may now or in the future have against the TOWN, the Town of Wappinger Planning Board, the Town of Wappinger Building inspector, the Town of Wappinger Zoning Administrator or any of the TOWN's officers, agents or employees for any claim or cause of action relating to the issuance of this certificate of occupancy, or any work authorized thereunder or on any claim or cause of action relating to this project or for any work performed pursuant to such certificate of occupancy or any other claim, cause of action of any description attributable to the issuance of the certificate of occupancy and the work permitted thereunder. ALPINE further agrees as a condition to the issuance of the certificate of occupancy to indemnify, save and hold harmless the TOWN from all such claims or causes of action above. 10 IN WITNESS WHEREOF, ALPINE has executed this agreement the date and year first above written. E P NY F. P HKEEPSIE By: i EDWARD.KELLOGG, Partn ACP COMMONS GROUP, Gene Partner TOWN OF WAPPINGER, NEW YORK By: CONSTANCE O. SMITH, Town Supervisor STATE OF NEW ;'CORK } )ss: COUNTY OF DUTCHESS } On the 23rd day of August, 1993, before me personally came EDWARD KELLOGG, a partner of ACP COMMONS GROUP, a Massachusetts partnership and general partner of ALPINE COMPANY OF POUG EPSIE, a Massachusetts general partnership, who execut d th fo egoing instrument and who acknowledged t that he as thorized to ofeACPethe document COMMONS GROUP and ALPINE. PINEr the COMP NY OFjP0U KrspSpEagreements NotaffiYg ADAMS Re State of New y ork STATE OF NEW YORK ) uafifi- Ne1V 1-0 16278 )ss.: �amtnissiar� Expires May 31 int COUNTY OF DUTCHESS ) On the day of August, 1993, before me personally came CONSTANCE 0. SMITH, to me known, who, being by d sworn, did depose ' and s the sh resides at _ AS, �� 3 ce)/ that she is the Town Supervisor of IffdWN OF WA PING R, the corporation described in and which executed the foregoing instrument; the she knows the seal of said corporation; the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she signed her name thereto by like order. _ �� vor.ary ruDlic ALBERT P ROBERTS NOTARY QualifiPU8! 1C, State of New York 11 ed in Dutchess Cauniy Cornm�ssron Expires Feb. 28# 1S SITE PLAN MODIFICATION AGREEMENT AGREEMENT made this i'lioS day of August, 1993 between ALPINE COMPANY OF POUGHKEEPSIE, a Massachusetts partnership, with its New York offices located at 1357 Route 9, Wappinger Falls, New York (hereafter "ALPINE"), and the TOWN OF WAPPINGER, NEW YORK, a municipal subdivision, having its offices located at 20 Middlebush Road, Wappinger Falls, New York (hereafter "TOWN"). WHEREAS, ALPINE has previously been granted a site plan approval for the construction of a shopping center consisting of two detached retail buildings, for which a certificate of occupancy has been issued for one building (BJ"s) and for which ALPINE has now requested the issuance of a certificate of occupancy for a portion of the second retail building (Stop & Shop), and WHEREAS, as a result of a site visit on August 14, 1993 the Planning Board has determined material (hereafter "excess material") has resulted in a change of elevation in the area of the excess material from that originally approved, and WHEREAS, such excess materials are presently stored upon that portion of the site formerly the lands of Ivanoff, and WHEREAS, a determination must be made of whether such excess material should remain in place permanently or used as part of future site development (subject to appropriate grading, drainage and landscaping measures), or be removed, and 1 WHEREAS, if such site development does not occur and if the excess material is permitted to remain, the conditions under which it is to remain must be determined by the Board, and WHEREAS, such determination as to the disposition of the excess material is to be made after further review of the alternatives and the environmental impacts associated with the same., and WHEREAS, ALPINE has not completed all the conditions of the resolutions of site plan approval and/or constructed improvements in accordance with the TOWN's zoning law, specifically the completion of chlorination and bacteria testing of 150 feet of water line and construction of several parking spaces purportedly in excess of 5% grade, and WHEREAS, ALPINE has agreed to provide a letter of credit to assure the TOWN and its various boards and departments that an appropriate application will be made to amend the site plan and/or the approving resolutions of the site plan so as to permit the excess material to remain on the site permanently or as part of a future site development, subject to appropriate conditions or to assure its ultimate removal, subsequent to the issuance of a certificate of occupancy for the Stop & Shop building, and WHEREAS, the above referenced letter of credit shall also be posted as security to assure that all unfinished conditions of site plan approval are completed and/or appropriate variances are attained to permit them to remain as constructed. E NOW THEREFORE, in consideration of the issuance of the certificate of occupancy for the Stop & Shop store, ALPINE agrees as follows: 1. Incomplete Site Plan Requirements: ALPINE agrees that the following site work, which remains incomplete at the present time, shall be completed on or before October 31, 1993 as follows: a. bacteria test and Health Department approval of 150 foot water line spur at the southeast corner of the BJ's building; b. reviewing whether portions of the parking area exceed a grade of 5% and if so, reconstructing same to grade and/or obtain variances to permit them to remain as constructed; C. review by Town Engineer of drainage calculations for detention basin #5; d. any items of which ALPINE has notice in writing as not having completed. 2. Required Submissions: It will, on or before October 20, 1993, submit an application to the Planning Board to amend the site plan and/or approving resolutions either to (a) regrade, reseed (weather conditions permitting) and plant trees over the area of the excavated excess material and to realign the contours of such material to avoid any drainage impacts and to minimize the visual impacts of such excess material, or, in the alternative, (b) to use such material for 3 further site development, or in the alternative, (c) to remove the material, or (d) a combination of the foregoing. Such application shall be accompanied by such information and documents, including a long form EAF or an amendment to the FEIS, as the Planning Board deems necessary for an appropriate engineering and environmental review of the proposed action. 3. Security: As security for the faithful performance to be undertaken by ALPINE pursuant to this agreement, and as a precondition to the issuance of the certificate of occupancy, ALPINE shall deposit with the TOWN a letter of credit in the sum of $500,000.00 which shall be for a term of six (6) months with a provision providing for the automatic renewal thereafter. If a notice is not timely given by the issuer that the letter is renewed, the TOWN may draw upon the letter, with the proceeds to be deposited as substituted security until ALPINE has fully satisfied the terms of this agreement. In the event the issuer notifies the TOWN it will not renew the letter of credit, such notice shall be deemed a default permitting the TOWN to draw upon the letter. The letter of credit may be drawn upon only in the event of a default by ALPINE pursuant to this agreement. In the event of a default, the TOWN may draw upon the letter of credit to complete the site plan modification application and any necessary site work required by any amendment to the site plan or approving resolutions or any other obligation created by this agreement. Notice of default shall be given pursuant to Paragraph 8 below. Any draw on the letter of credit shall be 4 undertaken by the submission of a sight draft to the issuer of the letter of credit accompanied by a statement signed by the TOWN Supervisor stating that ALPINE has failed to comply with the terms ;L 0 Eil of the Site Plan Modification Agreement dated April 12, 1993 and shall be accompanied by (a) statement of the TOWN Supervisor that ALPINE has failed to comply with this agreement, and (b) copy of the notice of default certified by the TOWN Attorney as a true copy, and (c) copy of the certified mail return receipt evidencing receipt or rejection by ALPINE of the notice with a certification by the TOWN Attorney as being a true copy (said statement as _�. providged in this sub -paragraph (c) shall not be required upon the failure of ALPINE to provide evidence of renewal of the letter of credit). 4. Planning Board Review: The Planning Board shall examine the proposal as submitted by ALPINE, weigh the alternatives, consider the environmental impacts associated with the proposal, and either accept the proposal, modify the proposal, or, based upon its review and the recommendation of its consultants, direct ALPINE to remove excavated excess material subject to appropriate conditions and safeguards. 5. Additional Submissions: Upon the determination of an acceptable manner for the disposition of excavated excess material, ALPINE, to the extent determined necessary by the Planning Board, shall diligently submit 5 such information as necessary to permit implementation of such plan, including a timetable for such implementation and completion. 6. SAA: Upon its acceptance of a manner of disposition of the excess excavated material acceptable to the Planning Board, ALPINE in cooperation with the Planning Board and its consultants, shall submit a supplement to the environmental assessment documents previously submitted to permit an evaluation of the environmental impacts associated with the adoption of the plan and the Planning Board shall ' take such action as is appropriate to comply with state and local regulations as to environmental review. 7. Resolutions: Upon completion of the environmental review, the Planning Board shall determine whether an amendment to the site plan is necessary and shall take steps consistent with that determination. 8. Prompt Implementation: Upon adoption of a final action determining the manner in which the excavated material shall be retained, reused or removed, ALPINE shall immediately commence the implementation of the approved plan in accordance with the timetable adopted by the Planning Board. 9. Default: (A) In the event ALPINE fails to take steps consistent with this agreement, including the submission of the proposed plan or any revisions required by the Planning Board, the implementation of the plan, or upon notice from the issuer that the letter of credit 11 will not be renewed, the Planning Board may elect to deem ALPINE in default. Notice of such election shall be via certified mail, return receipt requested to ALPINE at the address above stated, to Corbally, Gartland & Rappleyea, 35 Market Street, Poughkeepsie, New York 12601, and to Marine Midland Bank, 1 Marine Midland Center, Buffalo, New York 14203, Attention: E.F. Bartles, V.P. (issuer of the letter of credit), and simultaneously by facsimile notice to the same parties at the following numbers: ALPINE (914) 297-1048 Corbally, Gartland & Rappleyea (914) 454-4857 Marine Midland Bank (716) 841-2707 Attn: E.F. Bartles, Vice President. ALPINE may, by written notice, change the addresses and facsimile numbers for such notice. (B) Notice of default shall be deemed served as of the date of the postmark and facsimile transmission. (C) Such notice shall advise ALPINE of the manner of default or omission and shall specify a reasonable time within and the manner in which such default may be cured. (D) If after ten (10) days of the date of notice of default is given, ALPINE has failed or neglected to commence such action, the TOWN is authorized to complete the approved site plan application and/or modification of the site plan and to take any action incidental to the same. The Planning Board shall recommend to the TOWN SUPERVISOR to draw on the letter of credit and to apply the proceeds to the implementation of the plan adopted by the Planning Board or to complete any other obligations of ALPINE 7 herein. The costs of implementation shall include the costs of processing the application, the costs of retaining contractors to complete any additional site work required by the approved plan or any amendments thereto, any other steps reasonably incidental to said work, and the costs of any professional consultants and attorneys' fees which may be necessary to implement and/or enforce compliance with this agreement. 10. Compliance with the Law: All reviews by the Planning Board shall be taken in a manner consistent with the Zoning Law of the TOWN of Wappinger and Town Law 5274-a and CPLR §7803(3). 11. Right of Entry: Upon default, the TOWN or its agents or contractors, shall have the right to enter upon any lands of ALPINE for the purpose of undertaking or implementing any action required by any amendments to the site plan or the approving resolutions, including the removal of the excavated excess material and/or causing the restoration of the affected area and any other action associated with the removal. 12. Engineering Expenses: ALPINE authorizes C.T. Male Associates to be retained by the TOWN and to provide such consulting and engineering services to the TOWN as the TOWN deems necessary to implement the terms of this agreement. Such shall not preclude ALPINE from continuing to use the services of C.T. Male Associates. :3 13. Return of Security: Upon completion of the work required by the plan adopted by the Planning Board, a report of such completion and an approval of such completion shall be given to the Planning Board by the Town Engineer. The Planning Board shall then authorize the return of the security to ALPINE. 14. Indemnification: (A) This agreement is made at the request of ALPINE and is an accommodation for the benefit of ALPINE. ALPINE shall indemnify and hold harmless the TOWN from any claims arising from the adoption of this agreement to the extent this agreement does not otherwise provide security for any claims. (B) ALPINE shall also indemnify and hold harmless the TOWN from any costs or claims arising from this agreement, a breach thereof, or from the issuance of a certificate of occupancy for the Super Stop & Shop store. (C) To the extent the security described in preceding Paragraph 2 is insufficient to pay any costs of ALPINE created by this agreement, such cost shall be a lien upon the lands of ALPINE and ALPINE consents to such lien against the real property which is the subject of this site plan application. If ALPINE does not pay the TOWN for such expenses and/or fails to provide an additional letter of credit as security for the payment of such costs within twenty ( 20 ) days of the demand for such payment, the TOWN Board and/or the TOWN Supervisor is authorized to include and add to any tax levy attributable to the lands of ALPINE, a levy for such 7 unpaid amounts, which levy shall be included in the certification provided by the TOWN Supervisor to the County Board of Supervisors pursuant to Town Law §115. 15. Waiver of Claims: It is hereby agreed by ALPINE, which hereby binds itself, its successors and assigns, as a condition to the issuance of a certificate of occupancy for the Stop & Shop store, and based on the site plan approval, that all activity at the site be conducted by ALPINE, at ALPINE's sole risk and expense, and ALPINE does hereby for itself, its successors, assigns, agents, contractors and employees waive any right they or any of them may now or in the future have against the TOWN, the Town of Wappinger Planning Board, the Town of Wappinger Building Inspector, the Town of Wappinger Zoning Administrator or any of the TOWN's officers, agents or employees for any claim or cause of action relating to the issuance of this certificate of occupancy, or any work authorized thereunder or on any claim or cause of action relating to this project or for any work performed pursuant to such certificate of occupancy or any other claim, cause of action of any description attributable to the issuance of the certificate of occupancy and the work permitted thereunder. ALPINE further agrees as a condition to the issuance of the certificate of occupancy to indemnify, save and hold harmless the TOWN from all such claims or causes of action above. 10 IN WITNESS WHEREOF, ALPINE has executed this agreement the date and year first above written. P E C PAN OF UGHKEEPSIE B EDWARD KELLOGG, Pa e ACP COMMONS GROUP, General Partner TOWN OF WAPPINGER, NEW YORK By: CONSTANCE O. SMITH, Town Supervisor STATE OF NEW YORK } )ss: COUNTY OF DUTCHESS ) On the 23rd day of August, 1993, before me personally came EDWARD KELLOGG, a partner of ACP COMMONS GROUP, a Massachusetts partnership and general partner of ALPINE COMPANY OF POUGHKEEPSIE, a Massachusetts general partnership, o executed the f egoing instrument and who acknowledged t me hat he wa aut rized to execute the document under the to his o the p r n sh' agreements of ACP COMMONS GROUP and ALPINE COMP Y OF G KEE IE. 1 JON HOLNU ANO Fkl STATE OF NEW YORK ) )ss.. COUNTY OF DUTCHESS ) On the 73 day of August, 1993, before me personally came CONSTANCE O. SMITH, to me known, who, being me dul sworn, did de?ose ar�d say the he r si es at /S�� N (SIJ A - z . , that she is the Town Supervisor of TOWN OF WAPPINGER, the corporation described in and which executed the foregoing instrument; the she knows the seal of said corporation; the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she signed her name thereto by like order. 11 NOTARY PUi3� Cpf Sta�te of Now York Qualified in Dutchess Counter Coin,mission Expires Feb. 2$! IL�� ZONING DEPARTMENT 20 MIDDLEBUSH ROAD P,O. BOX 324 WAPPINGERS FALLS, NY 125SM324 (914) 297-6257 CONSTANCE O. SMITH SUPERVISOR HERBEFITJ,LEVENSON ZONING ADMINISTRATOR To: Elaine Snowden, Town Clerk, Town of Wappinger From: Herbert J. Levenson, Zoning Administrator Re: Endorsement/Alpine Date: December 10, 1993 Attached please find endorsement of Bond No. 4900020 on behalf of Alpine Company of Poughkeepsie to be filed in your office. RJL/jf Attachment The Hartford Insurance Group Hartford Plass Hartford, Connecticut $6119 ENDORSEMENT : Attached to and forming part of Bond No 4900020 ........... ...........:....:.................<<.,.,.,,.:,,:,:,.,,.::.,,,,.,... are pr1. 2.$-;1,993 ............. .... . ................ „sbehalf t.Apine_Cp_meepsie -------------­- ........................ -- -. of .... 1357 Route 9..._ Wappingers Falls New York ......12590 Town of Wa In er and io the amount of ... .0ne.-Hundred -F fty.. Thousand, -Dollars And 00/100-.------------------ ------------------------------------------------.--- l�o,000,00� ........ I-- --- ------------- ... ) DOLLARS. It iu unrlerntoM and a¢rrrrl that Pffrrtivr 7 a 19..9a ................. the..........Indemnity Bond of the aboee Shall be chn,ngecl from ....... ApZil..-2$,.19.94 tc?...Au ..l.,-_..1.994 :.............. ........... ...... .......:............. L--- ------------ ......... .......,....,............. - ........ ......... 6;_ All other candltions and terms to remain as originally written. Signed, sealed and dated this ............... it......_.............,.......day qf..... ...DeCelilber.:,................... ......... :, 19 93 Hartford Fire Insurance Company ZONING DEPARTMENT 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590-13324 (914) 297-6257 To: Hon, Elaine Snowden, Town Clerk, Town of Wappinger CONSTANCE O. SMITH SUPERVISOR HERBERT J. LEVENSON ZONING AWNISTRATOR From: Herbert J. Levenson, Zoning Administrator, Town of Wappinger Re: Alpine Co's. of Poughkeepsie, Inc. Original Landscaping Bond - Hartford Ins. Co. Bond No. 4900020 Original Security Agreement - Landscaping Plan dated April 29, 1993 Date: May 4, 1993 We attach the following documents to be held in safekeeping: 1. The Hartford Insurance Co. Bond No. 4900020 - Landscaping 2. Security Agreement - Landscaping plan date 4/29/93 properly executed Please note that the Attorney to the Town of Wappinger, Mr. Albert P. Roberts, Esq. has not yet reviewed the above indicated bond for legal sufficiency. Thank you for your continued cooperation. HJL/jf CC: Planning Board J. Paggi, Jr., PE Raymond Arnold, AICD Albert P. Roberts, Esq. Attachments (2) Bond No. 4900020 :i 1 THE HARTFORD KNOW ALL NEN BY THESE PRESENTS, That we, the Alpine Cunpany of Poughkeepsie of 1029 North Road, Westfield, Massachusetts as Principal, and HARTFORD FIRE INSURANCE COMPANY, Hartford, Connecticut, a corporation organized under the laws of the State of Connecticut, having its principal office in the City of Hartford, Connecticut, as Surety, are held and firmly bound unto Town of Wappinger in the sum of One Hundred Fifty Thousand Dollars and 00/100 ----------------- ($150,000.00) ---------- Dollars lawful money of the United States, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. W EREAS, the above bounden Principal has been granted a building permit - Alpine Shopping Center in accordance with a resolution dated July 30, 1992 as thereafter amended; and Landscape Plan Agreement dated April 28, 1993. WM THEREFORE, the Condition of the Obligation is Such, that if the above principal does satisfy its obligations of a site plan resolution dated July 30, 1992 and the Landscape Plan Agreement dated April 30, 1993, then this obligation shall be void; otherwise to be and remain in full force and effect. The tern of this bond is for a period beginning on the 28th day of April, 1993 and ending on the 28th day of April, 1994. Signed, sealed and dated this 30th day of April 1993. The Alpine Carpany of Poughkeepsie SECURITY AGREEMENT - LANDSCAPING PLAN THIS SECURITY AGREEMENT made this � day of April, 1993 by and between THE ALPINE COMPANY OF POUGHKEEPSIE, a Massachusetts general partnership, with its principal place of business at 1029 North Road, Westfield, Massachusetts (hereinafter referred to as "ALPINE"), and THE TOWN OF WAPPINGER, a municipal corporation, with its principal place of business at 20 Middlebush Road, Wappingers Falls, New York (hereinafter referred to as "TOWN"). WHEREAS, the Planning Board of the TOWN by resolution dated July 30, 1992 approved a site pian for a 210,000 sq. ft. shopping center submitted by ALPINE and subject to the conditions set forth in that resolution, and WHEREAS, ALPINE has applied for a certificate of occupancy to permit use of the BJ's building shown on the site plan, and WHEREAS, the TOWN has a policy of not issuing a certificate of occupancy until an applicant has complied with all conditions of a resolution of site plan approval, and WHEREAS, ALPINE has not completed all the landscaping conditions of the resolution of site plan approval and has represented to the TOWN that it will sustain severe financial hardship if it is not permitted to obtain a certificate of occupancy, and WHEREAS, ALPINE has further represented to the TOWN that it will be able to comply with all landscaping conditions of the resolution of site plan approval dated July 30, 1992, and 1 WHEREAS, ALPINE has requested the TOWN to issue the certificate of occupancy for the BJ's building prior to full compliance with the landscaping conditions of the resolution of site plan approval, and WHEREAS, among the submittals to the Planning Board was a Landscaping Plan prepared by Charles May dated November 3, 1992 (hereinafter referred to as "LANDSCAPE PLAN"), which LANDSCAPE PLAN is to be implemented by ALPINE, and WHEREAS, ALPINE has entered into an agreement with Lewis Landscaping of Poughkeepsie, New York to perform and complete all the landscaping work requested by the site plan, a copy of which has been provided to the Town Attorney, and WHEREAS, ALPINE has offered to provide the TOWN with security to insure and guarantee the timely and workmanlike completion of the LANDSCAPE PLAN, and WHEREAS, ALPINE agrees to post a surety bond in the sum of $150,000.00 to secure ALPINE's obligation to perform the LANDSCAPE PLAN above described, the form and quality of the surety bond to be satisfactory to the TOWN Attorney. NOW, THEREFORE, in consideration of the covenants and promises set forth herein, the parties agree as follows: 1. Reaffirmation: ALPINE hereby reaffirms and agrees to the recitals, representations and conditions set forth above. 2 2. Issuance of a Permit: The TOWN agrees to issue a certificate of occupancy for the BJ's building on the express condition that ALPINE complies with the terms and promises contained herein. 3. Limitation of Work: ALPINE expressly agrees not to request any certificate of occupancy for any additional building on the approved site plan until such time as all landscaping conditions and work of the resolution of site plan approval dated July 30, 1992 have been met. Landscaping conditions shall include, for purposes of this Agreement, the reclamation work for the portion of the former Ivanoff property which previously had been designated "parking area" under an earlier site plan. 4. Conditions of Issuance: As an obligation of this Agreement, ALPINE agrees to continue to take all steps necessary to comply with the terms and conditions of the LANDSCAPE PLAN forming one component of the conditional site plan approval dated July 30, 1992, no later than June 30, 1993. In the event ALPINE (a) abandons the project after commencement of the landscaping work; (b) is unable to meet the landscaping requirements of the conditions of site plan approval; (c) fails to complete the LANDSCAPE PLAN by June 30, 1993. 3 and upon certification of default by the Town Supervisor, the Town shall be entitled to draw upon the security for purposes set forth in Paragraph 6. 5. Certification of Default: Upon the occurrence of any of the events set forth in Paragraph 4 above, and upon a determination by the Zoning Administrator to the TOWN that landscaping work has not been completed, the TOWN, upon ten (10) days written notice to ALPINE and upon ALPINE's failure to cure within said period, shall be entitled to draw upon the performance bond given as security for the faithful performance of this Agreement. The TOWN will be permitted to draw upon the performance bond upon presentation to the issuer thereof of a certificate of the TOWN Supervisor stating that ALPINE has breached this Agreement after being duly served with a notice of default, which certificate shall also have affixed to it the notice of default and proof of service of same. 6. Use of Funds: Any funds drawn upon by the TOWN from the escrow funds or the surety bond shall be solely used for undertaking the landscaping work in accordance with the Charles May LANDSCAPE PLAN or to pay for any and all reasonable professional fees associated with such work, including the cost of legal fees incurred in connection therewith or in connection with a breach of the terms of this Agreement. Any surplus funds shall be returned to ALPINE or it surety company. 4 7. Return of Security: The surety bond shall be returned to ALPINE upon the determination of the Zoning Administrator that the LANDSCAPE PLAN has been completed. B. Workmanlike Manner: Both parties agree to undertake any landscape work in accordance with the LANDSCAPE PLAN of Charles May dated July 23, 1992, in a good workmanlike manner, as determined by the Zoning Administrator to the TOWN, in conformance with any and all laws, ordinances or rules and regulations governing same. 9. Right of Entry In the event the TOWN Zoning Administrator determines that ALPINE failed to undertake the landscaping work as provided in this Agreement, the TOWN, its agents, employees, contractors shall be entitled to and are granted the right of entry to enter upon the lands which are the subject of this Agreement and to undertake the work necessary to satisfy the conditions of this Agreement. 10. Address for Service: All notices to be given to ALPINE shall be given to each of the following by both fax transmission, regular mail and certified mail, return receipt requested: Alpine Company of Poughkeepsie 1357 Route 9 P.O. Box 529 Wappingers Falls, New York 12590 Fax Number: (914) 297-1048 and 5 Corbally, Gartland & Rappleyea 35 Market Street Poughkeepsie, New York 12601 Fax Number: (914) 454-4857 11. Indemnification: It is further agreed that ALPINE shall indemnify, save harmless and pay the TOWN for any damages, loss, charges or expenses which shall, in any way, be sustained or incurred by the TOWN in relation to or in connection with any default by ALPINE hereunder in connection with any such claims, actions, suits or proceedings at law or in equity. 12. Security: Any surety bond posted hereunder shall remain in full force and effect until the landscaping work is satisfactorily completed and accepted. IN WITNESS WHEREOF, ALPINE and the TOWN have signed this Agreement the date and year first above written. I E C MPANY OF UGHKEEPSIE By: . EDWARD KELLOGG, PartWe ACP COMMONS GROUP, 04arfieral Partner TOW r OF WAPPINGER By: z4z'z- CONSTANCE 0. SMITH, Supervisor A STATE OF NEW YORK ) )ss: COUNTY OF DUTCHESS ) On the 2yday of April, 1993, before me EDWARD KELLOGG, a partner of ACP COMMONS GROUP, partnership and general partner of ALPINE COMPANY a Massachusetts general partnership, who execut instrument and who acknowledged tme that he w execute the document under the t ms of the ar of ACP COMMONS GROUP and ALPIN COMPANY 7PO k tis personally came a Massachusetts OF POUGH EPSIE, the oregoing SCS au orized to rsh' agreements EE IE. i Notary Public OLlist* of Id STATE OF NEW YORK ) QwtBiT du 627 at )ss.: Fir Myr COUNTY OF DUTCHESS,,) On the p day of April, 1993, before me personally came CONSTANCE 0. SMITH, to me known, who ein b me my sw n, did depose and say a he resi s at x2.P.w-` _ /U. that she is the Town Supervisor of T WAPPINGE , the corporation described in and which executed the foregoing instrument; the she knows the seal of said corporation; the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she signed her name thereto by like order. n Notary Public AiBERT P ROBERTS 1rOTltRlf PUB IC, Siete of New York Qualified in Dutchem Cnu* ExPires Feb. 28,11�� 7 Page 1A (Paragraph 2, continued) DESCRIPTION OF WORK LANDSCAPING January 15* 1993 Contractor to supply all labor, equipment, and materials for complett? installation of landscaping items. Contractor will provide all cooperative action and direct effort nece�:sarY to coordinate the work of the contract with �thatlof other contractors separately retained b prvid the timely and efficient completion of the hwork nof}so as �oand� of the entire project. the contact All work Shall bre completed to the satisfaction of the Owner_ the Owner's Architect and Engineer, all authorities having j and in accordance with all applicable codes and ordinsnCeSisdiction, All work will be warranted as per specifications_ Contractor understands that any references in the documents to a General Contractor performing general condition t ype work x work on behalf of this Contractor are deleted/void. Theareoisonoer oenereal Contractor_ This Contractor'is responsible for all items necessary to provide for a complete functional.scope of work. Contractor understadns that the site,contractor is responsible for Uppling and placing the top soil around outer grading, raking, planting, fertalizin perimerter only. Fine _ire the landscaping contractors responsibility1z�C.1 ofontractornc eis to supplY.all bedding materials_ ' Contractor acknowledges that he has visited the job site and that the Contract Lump Sum provides for all job site conditions. Contractor acknowledges that he offered/proposed no substitutions, in his bid, for the specified materials and further acknowledges that -All materials provided under this contract will, therefore, be provided as specified; i.e_, Contractor will not request approval o -l' or equal" substitutions during the course of this job. In the event of a delay in the project, Contractor will store materials. as necessary, in Contractor's off-site yard. There will k be no charge to the Owner for any such storage and/or associated handling_ Contractor to provide and be responsible for his own Field Office, Services, Rubbish Removal and,3ewage in his desi M gnated area an site;. r r� Page IB (paragraph 22 continued) DESCRIPTION OF WORK Page 2 :It is understood that the. unit: bid and verification, accounting`�, pricebreakdownbreakdown of items is only for they occur, The Site aa basis guideline for change;. e. Development Bid (whether a single scope or all scopes) is a lump sum :in the bid breakdown and final Even though all items are not listed on bid form, it is understood thatnallies itemsY materialVary s, amounts. given are.included in each :�cnpe of work, s, lal,�ors, etc_ job for a ,lump sum to accomplish a complete finished price_ Minor field changes due to the nature of rl �arnjeri of this.magnitude.are expected and are accounted for in the bid price_ Contractor to .keep a record set of Prints for eacli scope of work submission to Owner for "as built' k for work Plans. These print, will document performed and ..any variation from the original design_ Contractor to comply with all OSHA guidelines. Owner with verification of Hazardous Materials Progrramstor andtpresent Policies for contractor"s employees and an inventor be used on site_ y of hazardous materials to Contractor is responsible for Posting any inbut not limited to hazardous materials, lasers,htoxicnitemsrE�t�ds to CCF -8 CONTRACT PROJECT NO. CONTRACT NO. _ 40 * Contract made this... 22 ....... day of. ,March , .. ,199, P. between he Alpine Company of Poughkeepsie with Principal Office at 1029 North Road, WCStfield, Mass ()1085, hereinafter referred to as "Alpine,"and; Name of Contractor Lewis Landscaping Address of Contractor Manchester Bridge. Route 55, Poughkeepsie, NY 12603 Phone 1 — 1— 661 llercutafter referred to as '•Contractor." * Contractor is a ..... Carporatiog , ........ "corporation") organized under the Laws of the Slate, of .. New. .YDrlc , (fill nt ':sole proprietor'', ,partnership" The parties hereto mutually agree as follows: 1. DEFINITION Of- WORDS AND TERMS. Wherever the following or corresponding pronouns are used in this Con- tract. they s11411 have the meaning given herein. (a) Contract Documents. The following documents shall constitute integral parts of this Contract. [he whale to be collectively known and referred to as the Contract: (i; This ducumem. Specifications, plans and documents identified as follows relating to the project at.... _ ... . „Alpine Cammnns, Wappingers Fallst NY12590 .................................. x Exhibit "A" Specifications: 02932 and 02950 Exhibit "E" Schedule Exhibit "B" General cuttdilions, Divisiun 000: Exhibit "F" Schedule of Value Exhibit "C" Contract drawing lot: Charles May Exhibit "G" Memorandum of Understanding 1 Landscape Pian dated 11/3/92 EXHIBIT "F" SCHEDULE OF VALUES BJ's Wholesale Club Piantin a s yuan. KOUSA. Dogwood Marshall`s seedless creen ash Austrian Gino White Pine Jabaneese scholar tree Canadian Hemlock C,'reen SDire little loaf Linden Andorra juniper Dense yew 5.5 41 28 51 5 15 263 �2,25n, _5,nnn, 3,25Q 4 ZL 0 fi . LANDSCAPING PLAN AGREEMENT THIS LANDSCAPE PLAN AGREEMENT made this 28th day of April, 1993 by and between THE ALPINE COMPANY OF POUGHKEEPSIE, a Massachusetts general partnership, with its principal place of business at 1029 North Road, Westfield, Massachusetts (hereinafter referred to as "ALPINE"), and THE TOWN OF WAPPINGER, a municipal corporation, with its principal place of business at 20 Middlebush Road, Wappingers Falls, New York (hereinafter referred to as "TOWN"). WHEREAS, the Planning Board of the TOWN by resolution dated July 30, 1992 approved a site plan for a 210,000 sq. ft. shopping center submitted by ALPINE and subject to the conditions set forth in that resolution, and WHEREAS, ALPINE has applied for a certificate of occupancy to permit use of the BJ's building shown on the site plan, and WHEREAS, the TOWN has a policy of not issuing a certificate of occupancy until an applicant has complied with all conditions of a resolution of site plan approval, and WHEREAS, ALPINE has not completed all the landscaping conditions of the resolution of site plan approval and has represented to the TOWN that it will sustain ,severe financial hardship if it is not permitted to obtain a certificate of occupancy, and WHEREAS, ALPINE has further represented to the TOWN that it will be able to comply with all landscaping conditions of the resolution of site plan approval dated July 30, 1992, and 1 WHEREAS, ALPINE has requested the TOWN to issue the certificate of occupancy for the BJ's building prior to full compliance with the landscaping conditions of the resolution of site plan approval, and WHEREAS, among the submittals to the Planning Board was a Landscaping Plan prepared by Charles May dated November 3, 1992 (hereinafter referred to as "LANDSCAPE PLAN"), which LANDSCAPE PLAN is to be implemented by ALPINE, and WHEREAS, ALPINE has entered into an agreement with Lewis Landscaping of Poughkeepsie, New York to perform and complete all the landscaping work requested by the site plan, a copy of which has been provided to the Town Attorney, and WHEREAS, ALPINE has offered to provide the TOWN with security to insure and guarantee the timely and workmanlike completion of the LANDSCAPE PLAN, and WHEREAS, ALPINE agrees to post a surety bond in the sum of $150,000.00 to secure ALPINE's obligation to perform the LANDSCAPE PLAN above described, the form and quality of the surety bond to be satisfactory to the TOWN Attorney. NOW, THEREFORE, in consideration of the covenants and promises set forth herein, the parties agree as follows: 1. Reaffirmation: ALPINE hereby reaffirms and agrees to the recitals, representations and conditions set forth above. E 2. Issuance of a Permit: The TOWN agrees to issue a certificate of occupancy for the BJ's building on the express condition that ALPINE complies with the terms and promises contained herein. 3. Limitation of Work: ALPINE expressly agrees not to request any certificate of occupancy for any additional building on the approved site plan until such time as all landscaping conditions and work of the resolution of site plan approval dated July 30, 1992 have been met. Landscaping conditions shall include, for purposes of this Agreement, the reclamation work for the portion of the former Ivanoff property which previously had been designated "parking area" under an earlier site plan. 4. Conditions of Issuance: As an obligation of this Agreement, ALPINE agrees to continue to take all steps necessary to comply with the terms and conditions of the LANDSCAPE PLAN forming one component of the conditional site plan approval dated July 30, 1992, no later than June 30, 1993. In the event ALPINE (a) abandons the project after commencement of the landscaping work; (b) is unable to meet the landscaping requirements of the conditions of site plan approval; (c) fails to complete the LANDSCAPE PLAN by June 30, 1993. 3 and upon certification of default by the Town Supervisor, the Town shall be entitled to draw upon the security for purposes set forth in Paragraph 6. 5. Certification of Default: Upon the occurrence of any of the events set forth in Paragraph 4 above, and upon a determination by the Zoning Administrator to the TOWN that landscaping work has not been completed, the TOWN, upon ten (10) days written notice to ALPINE and upon ALPINE's failure to cure within said period, shall be entitled to draw upon the performance bond given as security for the faithful performance of this Agreement. The TOWN will be permitted to draw upon the performance bond upon presentation to the issuer thereof of a certificate of the TOWN Supervisor stating that ALPINE has breached this Agreement after being duly served with a notice of default, which certificate shall also have affixed to it the notice of default and proof of service of same. 6. Use of Funds• Any funds drawn upon by the TOWN from the escrow funds or the surety bond shall be solely used for undertaking the landscaping work in accordance with the Charles May LANDSCAPE PLAN or to pay for any and all reasonable professional fees associated with such work, including the cost of legal fees incurred in connection therewith or in connection with a breach of the terms of this Agreement. Any surplus funds shall be returned to ALPINE or it surety company. 4 7. Return of Security: The surety bond shall be returned to ALPINE upon the determination of the Zoning Administrator that the LANDSCAPE PLAN has been completed. 8. Workmanlike Manner: Both parties agree to undertake any landscape work in accordance with the LANDSCAPE PLAN of Charles May dated July 23, 1992, in a good workmanlike manner, as determined by the Zoning Administrator to the TOWN, in conformance with any and all laws, ordinances or rules and regulations governing same. 9. Right of Entry: In the event the TOWN Zoning Administrator determines that ALPINE failed to undertake the landscaping work as provided in this Agreement, the TOWN, its agents, employees, contractors shall be entitled to and are granted the right of entry to enter upon the lands which are the subject of this Agreement and to undertake the work necessary to satisfy the conditions of this Agreement. 10. Address for Service: All notices to be given to ALPINE shall be given to each of the following by both fax transmission, regular mail and certified mail, return receipt requested: Alpine Company of Poughkeepsie 1357 Route 9 P.O. Box 529 Wappingers Falls, New York 12590 Fax Number: (914) 297-1048 -- and - 5 Corbally, Gartland & Rappleyea 35 Market Street Poughkeepsie, New York 12601 Fax Number: (914) 454-4857 11. Indemnification: It is further agreed that ALPINE shall indemnify, save harmless and pay the TOWN for any damages, loss, charges or expenses which shall, in any way, be sustained or incurred by the TOWN in relation to or in connection with any default by ALPINE hereunder in connection with any such claims, actions, suits or proceedings at law or in equity. 12. Security: Any surety bond posted hereunder shall remain in full force and effect until the landscaping work is satisfactorily completed and accepted. IN WITNESS WHEREOF, ALPINE and the TOWN have signed this Agreement the date and year first above written. PINE COMPANYOF GHKEEPSIE i By: EDWARD KELLOGG, Partn ACP COMMONS GROUP, Gen al Partner TOWN OF WAPPINGER By, CONSTANCE 0. SMI H, Supervisor D STATE OF NEW YORK ) )ss: COUNTY OF DUTCHESS ) On the day of April, 1993, before me personally came EDWARD KELLOGG, a partner of ACP COMMONS GROUP, a Massachusetts partnership and general partner of ALPINE COMPANY OF P HKEEPSIE, a Massachusetts general partnership, who exe ed 'e foregoing instrument and who acknowledged to me that e w authorized to execute the document under the term of art rship agreements of ACP COMMONS GROUP and ALP CO PA OUG Notary %W fl FM ADAMS NOTARY P0LICState of New York Reg. No. N-0016278 STATE OF NEW YORK ) x$ oCommission ENew May)ss.( IL COUNTY OF DUTCHESS ) On the lCe-,-,- day of April, 1993, before me personally came CONSTANCE 0. SMITH, to me known, who, bI g by me duly sworn, did depose gnd say the she elides at 3 ?)c thatsheis the Town Supervisor of 15TOWN OF WAF ING , the corporation described in and which executed the foregoing instrument; the she knows the seal of said corporation; the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she signed her name thereto by like nrHar _ ALBERT P. ROBERTS NOTARY PUBLIC. State of New York Qualified in Dutchess Counter Co mmsion Expires Feb. 28, isE.Y 7 ZONING DEPARTMENT 20 MIDDLEBLISH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590-0324 (914) 297-6257 CONSTANCE O. SMITH SUPERVISOR HERBERT J.LEVENSON ZONING ADMINISTRATOR To: Hon.Elaine Snowden, Town Clerk, Town of Wappinger From: Herbert J. Levenson, Zoning Administrator, Town of Wappinger Re: Alpine Companies of Poughkeepsie, Inc. Erosion Control Bond Date: September 30, 1992 Pursuant to Page 5, Paragraph 7 of the Security -Grading Permit, dated I10th day of August 1992, between the Town of Wappinger and the Alpine Company, the Town of Wappi'nger is required to return the surety known as a bond issued by the Hartford Fire Insurance Company, issued on the 5th day of August 1992, Bond No.4658205, on the issuance of a building permit. On September 25, 1992, the Building Inspector, Mr. Thomas F. Classey, issued Building Permit 92-351 to the Alpine Co.'s of Poughkeepsie, Inc. In� view of the above circumstance, the undersigned requests that you transfer the above surety to the Zoning Administrator's office for proper transmittal to the Alpine Co.'s of Poughkeepsie, Inc. Thank you for your continued cooperation. HJL/jf CC: Planning Board Raymond Arnold, AICP J. Paggi, Jr., PE Edward Kellogg Jon, Adams, Esq. Robert Palmer, Esq. Constance 0. Smith, Supervisor geW ZONING DEPARTMENT 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590-0324 (914) 297-6257 TOWN OF WAPPINGER September 30, 1992 Mr. Edward Kellogg, Partner - Alpine Co.s of Poughkeepsie, Inc. P 0 Box 529 Wappingers Falls, N. Y. 12601 Re: Alpine Co.'s of Poughkeepsie, Inc. Erosion Control Bond Dear Mr. Kellogg: CONSTANCE O. SMITH SUPERVISOR HERBERTJ.LEVENSON ZONING AOIUINISTRATOR Pursuant to the Security Agreement -Erosion Control, we attach, herewith, the original surety bond issued by Hartford Fire Insurance Company, Bond 'No.4658205. Kindly acknowledge receipt of this document by signing on the bottom of this letter. HJL/jf CC: Hon. Elaine Snowden, Town Clerk Hon. Constance 0. Smith, Supervisor Very truly yours, erbert J. venson Zoning ministrator Edward A. Kellogg, ,t P -r I \D ZONING DEPARTMENT 20 MIDDLEBUSH ROAD P.O. BO,X 324 WAPPINGERS FALLS, NY 12590-0324 (914) 297-6257 CONSTANCE O. SMITH SUPERVISOR HERBERT J. LEVENSON ZONING ADMINISTRATOR To: Honorable Elai.ne-$nowden, Town Clerk, Town of Wappinger From- Herbert J. Levenson, Zoning Administrator, Twon of Wappinger Re: Alpine Companies of Pouqhkeepsfe, Inc -Erosion Control Bonding Date: August 14, 1992 We attach the followAng original documents for your files and safekeeping. These documents have been forwarded to Mr. Albert P. Roberts, Esq., Attorney to the Town of Wappinger for his legal olpinion". 1. Hartford Fire Insurance Company -Surety Bond 46'58205. dated august 5, 1992 expiring August 5, 1993 in theamount of Si,x Hundred and Sixty-EightThousand Dollars ($668,0$6.08); ' 2. Hartford Fire insurance Company -Power of Atttorhey 3. Hartford Fire Insurance Company-Financi6l Statement, December 31, 1991 4 Security Agreement -Grading Perm'it-dated August 10, 1992 -Properly Executed by all parties. Thank you for your kind Cooperation. HJL CC: Town Board Jay Paggi. Jr. P. E.,Engineeer to the Twon' Raymond H. Arnold, AICP, Planner to the Planning Board Fill es AU 6 1 4 1992 SURETY DEPARTMENT \Zoj IIrttford Plaza Ilartford, Connecticut 06115 5� BOND BOND NO. Know All Men By These Presents, That we, The Al pi ne Company of Poughkeepsi e of 1029 North Road, Westfield, Massachusetts as Principal, and Hartford Fire Insurance Company, Hartford, Connecticut . , 1 corporation organized under the laws of the State of Connecticut, having its principal office in the City of Hartford, Connecticut, as Surety, are held and firmly bound unto Town ofirger in the sum of ft Hundred Sixty -Eight Thousand Dollars and 00/100---------- Dollars 3668,000.00 lawful money of the United States, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the above bounden Principal has been granted a Grading Permit - Alpine Shopping Center in accordance with Security Aggreement and Resolution dated July 30, 1992 of the Planning Board of the Town of Wappinger Now, Therefore, the Condition of this Obligation is Such, that if the above Principal shall indemnify and T.—. — —i' Uwf[f. 4l4eYAN F:\WP\ALDA\ALPINE.AGR SECURITY AGREEMENT - GRADING PERMIT made this I LI day of August, 1992 by and between THE TOWN OF WAPPINGER, a municipal corporation, with its principal place of business at 20 Middlebush Road, Wappingers Falls, New York, hereinafter referred to as "Town" AND THE ALPINE COMPANY, a general partnership, formed pursuant to the laws of the State of Massachusetts,_ with an office for the conduct of its business located at 3029 North Road, Westfield, Massachusetts, hereinafter referred to as "Owner" WHEREAS, the Planning Board of the Town of Wappinger by resolution dated July 30, 1992 conditionally approved a site plan for a 210,000 square foot shopping center submitted by the Owner and subject to the conditions set forth in that resolution; and WHEREAS, the Owner has applied for a grading permit from the Town pursuant to the "Town of Wappinger Soil Erosion and Sediment Control Ordinance"; and WHEREAS, the Town has a policy of not issuing a grading permit until an applicant has complied with'all conditions of a resolution of site plan approval; and WHEREAS, the Owner has not completed all the conditions of the resolution of site plan approval and has represented to the Town that it will sustain severe financial hardship if it is not permitted to commence alteration of the site in preparation for construction; and 1 F;\WP\ALDA\ALPINE.AGR WHEREAS, the Owner has further represented to the Town that it will be able to comply with all the conditions of the resolution of site plan approval dated July 30, 1992; and WHEREAS, the Owner has requested the Town to issue the grading permit prior to compliance with the conditions of the resolution of.site plan approval; and WHEREAS, among the submittals to the Planning Board was a Reclamation Plan prepared by Charles May dated July 23, 1992, which plan is to be implemented by the Owner in the event that the Owner fails to obtain a building permit by April 15, 1993, or otherwise abandons this project after commencement of the grading but prior to the issuance of a building permit; and WHEREAS, the Owner has offered to provide the Town with security to insure and guarantee the timely and workmanlike completion of the reclamation measures in accordance with the Reclamation Plan of Charles May dated July 23, 1992 in the event such reclamation measures are required as hereinafter provided; and WHEREAS, the parcels of property which'are the subject of this agreement are more fully described in the application made to the Planning Board of the Town which resulted in the resolution of conditional site plan approval dated July 30, 1992; and WHEREAS, the Owner agrees to post the sum of $100,000.00 in escrow and a surety bond in the sum of $668,000.00 to secure the 2 F:\WP\ALDA\ALPINE.AGR Owner's obligation to perform the Reclamation Plan above described; the form of the escrow agreement and the surety bond shall be in form and quality satisfactory to the attorney to the Town. NOW, THEREFORE, in consideration of the covenants and promises set forth herein, the parties agree as follows: 1. REAFFIRMATION - The Owner hereby reaffirms and agrees to the recitals, representations and conditions set forth above. 2. ISSUANCE OF PERMIT - The Town agrees to issue a grading permit, in accordance with the application submitted by the Owner 'last revised June 15, 1992, pursuant to the Town of Wappinger Soil Erosion and Sediment Control Ordinance, on the express condition that the Owner complies with the terms and promises contained herein. 3. LIMITATION OF WORK - The Owner expressly agrees not to undertake any other work other than the work specifically authorized pursuant to the grading permit until such time as all conditions of the resolution of conditional site plan approval of July 30, 1992 have been met, and a building permit has been Issued. 4. CONDITIONS OF ISSUANCE - As an obligation of this agreement, the Owner agrees to continue to take all steps - necessary to comply with the terms and conditions of the conditional site plan approval dated July 30, 1992 and to otherwise obtain a building permit and commence construction 3 F:\WP\ALDA\ALPINE.AGR authorized by said building permit no later than April 15, 1993. In the event the Owner: 1. abandons the project after commencement of the grading work, 2. is unable to meet the conditions of site plan approval, or 3. fails or is otherwise unable to obtain a building permit and commence construction by April 15, 1993, the Owner warrants and covenants to undertake the reclamation work identified in the Reclamation Plan of Charles May dated July 23, 1992 subject to and in accordance with the comments made by Joseph E. Paggi, Jr., P.E. in his letter dated August 4, 1992 to the Zoning Administrator. Upon the Owner's failure to undertake the reclamation measures above set forth and upon certification of default by the Town Supervisor, the Town shall be entitled to draw upon the security for the purposes set forth in paragraph 6. 5. CERTIFICATION OF DEFAULT - Upon the occurrence of any of the events of set forth in paragraph 4 above, and upon a determination by the engineer to the Town that the subject reclamation measures are required to be undertaken, the Town, upon 10 days written notice to the Owner and upon the Owner's failure to cure within said period, shall be entitled to draw upon the $100,000.00 in escrow and the performance bond given as security for the faithful performance of this agreement. The Town will be permitted to draw upon the escrow fund and the 4 F:\WP\ALDA\ALPINE.AGR performance bond upon presentation to the issuer thereof of a certificate of the Town Supervisor stating that the Owner has breached this agreement after being duly served with a notice of default, which certificate shall also have affixed to it the notice of default and proof of service of same. 6. USE'QF FUNDS -- Any funds drawn upon by the Town from the escrow funds or the surety bond shall be solely used for undertaking the reclamation work in accordance with the Charles May Reclamation Plan or to pay for any and all reasonable professional fees associated with such work including the costs of legal fees incurred in connection therewith or in connection with a breach of the terms of this Agreement. Any surplus funds shall be returned to the Owner. 7. RETURN OF SECURITY - The escrow fund or the surety bond shall be returned to the Owner upon issuance of the first building permit or any building shown on the site plan submitted by the Owner. 8. WORKMANLIKE MANNER - Both parties agree to undertake any reclamation work in accordance with the Reclamation Plan of Charles May dated July 23, 1992, in a good and workmanlike manner, as determined by the engineer to the Town, in conformance with any and all laws, ordinance or rules or regulations governing same. 9. RIGHT OF ENTRY - In the event the Town engineer determines that the Owner has failed to undertake the reclamation 5 F:\WP\ALDA\ALPINE.AGR work as provided in this agreement, the Town of Wappinger, its agents, employees -or contractors shall be entitled to and are granted the right of entry to enter upon the lands which are the subject of this agreement and to undertake the work necessary to satisfy the conditions of this agreement. 10. ADDRESS FOR SERVICE - All notices to be given to the Owner shall be given to each of the following by both fax transmission, regular mail and certified mail to the Alpine Company at P.O. Box 529, Wappingers Falls, New York 12590 (Fax No.: 914-297-1048) and to Corbally, Gartland and Rappleyea, 35 Market Street, Poughkeepsie, New York 12601 (Fax No.: 914-454- 4857). 11. INDEMNIFICATION - It is further agreed that the Owner shall indemnify, save harmless and pay the Town for any damages, loss, charges or expenses which shall, in any way, be sustained or incurred by the Town in relation to or in connection with any default by the Owner hereunder in connection with any such claims, actions, suits or proceedings at law or inequity. 12. SECURITY - Any surety bond posted hereunder shall remain in full force and effect until the reclamation work is satisfactorily completed and accepted and/or a building permit is issued. 6 F:\WP\ALDA\ALPINE.AGR IN WITNESS WHEREOF, the Owner has signed this agreement this (,ttth day of August, 1992. ALPINE PANY OF POUGHKEEPSIE PV.�-WEISER, by Genera artner TOWN OF WAPPINGER by CONSTANCE 0. SM TH, Supervisor STATE OF NEW YORK ss.: COUNTY OF DUTCHESS} On the day of August, 1992, before me personally came HEINZ P. WEA R, to me known and known to me to be a partner of the partnership of ALPINE COMPANY OF POUGHKEEPSIE, the first described in and which executed the f7egoing 9 ement nd said HEINZ P. WEISER acknowledged that he e, ecuted a fo going agreement for and on behalf of said p�xrtn9r10 �(c� CNOrLr �uIC STATE OF NEW YORK } ss.. COUNTY OF DUTCHESS} On the day of August, 1992, before me came CONSTANCE O. SMITH, to me Onown , who being by me duly sworn, did depose and say that she resides in the Town of Wappinger, New York, that she is the Supervisor of the Town of Wappinger, the municipality described in and which executed the foregoing agreement, and that by order of the Town Board, she signed her name thereto. i OT IC Rev. 8/10/92 rI ALBERT P. ROBERTS NOTARY PUBLIC, State of New York Qualified in Dutchess Countyq C t :.:n!Ssiari Expires Feb. ?_n, 1'3 ZONING DEPARTMENT 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590-0324 (914) 297-6267 CONSTANCE O. SMITH SUPERVISOR HERBERT J. LEVENSON ZONING ADMIMSTRATOR To: Hon. Elaine Snowden, Town Clerk, Town of Wappinger From: Herbert J. Levenson, Zoning Administrator, Town of Wappinger Re: Road Opening Bond - Alpine Co's. of Poughkeepsie, Inc. Hartford Ins. Co. Bond #4658222 in the amount of $55,000.00 10/20/92 - /0/29/93 Date: October 26, 1992 We attach herewith, the above bond to you for safekeeping as follows: 1. Letter dated 10/23/92 from Alpine Co's. of Poughkeepsie, Inc. 2. Hartford Fire Insurance Company - Bond #4658222, dated 10/20/92 to 10/20/93 for road opening 3. Hartford Fire Insurance Company financial statement, dated 12/31/91 4. Hartford Fire Insurance Company Power of Attorney Also, Please be advised, that we wre submitting same to Mr. Albert P. Roberts, Esq. for his legal opinion as to adequacy. Thank you for your continued cooperation. HJL/if Attachments (4) TOWN CLERK ELAINE H. SNOWDEN (914) 297-5771 TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, N.Y. 12590-0324 Dec. 6, 1993 Mr. Edward A. Kellogg, Partner The Alpine Companies 1029 North Road Westfield, MA 01085 Dear Mr. Kellogg: SUPERVISOR CONSTANCE O. SMITH TOWN COUNCIL JAMES MILLS, JR. ROBERT L. VALDATI JUNE A. WSCONTI ROBERT P. WALLACE, JR. Enclosed herewith please find the original Highway Bond in the amount of $55,000.00, which was released by the Wappinger Town Board at their regular meeting of November 22, 1993. es encl. cc: H. Levenson, Zng. Adm. Yours truly, Elaine H. Snowden Town Clerk Town of Wappinger "FFIE ALPINE COMPANUES '1029 N011 Hi UAI) %UESTFIEL D, MX, 01085 413-536-1299 October 23, 1992 Mr. Herbert Levenson Zoning Administrator Town of Wappinger 20 Middlebush Road Wappingers Falls, N.Y. 12590 Re: Highway Bond Dear Herb: F 3 M -1 -1 SnEul �&c t 2 3 1992 ZONING ADMINISTRATOR Please find encl:osed the Hartford Bond #46582222 for $55,0000, dated October 20, 1992, relilat�lve to the road opening for the extension of the Town Water Line along Belair Lane, Aladin Court and Losee Road and entering the Alpine Shopping Center property. This Bond is in accordance with the, September 28, 1992 letter from Graham Foster, which is attached. This Bond is in accordance with all of the improvements specified by the Town as shown on the previously approved C.T. Male Plans #12 dated 7/14/92 and #12A, 12B, 12C dated 9/1/92, received by Graham Foster on 9/10/92. It is our understanding that this Bond will be returned to the Alpine Company of Poughkeepsie upon completion of the work and acceptance of the work by the Town Engineer. We request that the Bond be returned within two weeks of the formal writtten acceptance by the Town Engineer. We also recognize that this work will be done prior to the issuance of the Certificate of Occupancy. Also, please find enclosed the coimpleted Application for Work on Town of Wappinger Road, signed October 22, 1992. The Insurance �C'ertificate will be provided upon contract award and prior to the start of work. We req:uest that the Permit be issued to allow for a November 2 start date. Please let me know if there is anything further that I may provide. Thank you very much. Si nc,6rel y, Edward A.- Ke 1 IZ/ Partner EAK/mcc '--THE ALPINE COMPANIES 1029 NORTH ROAD 'NES T FEI= D, INA. 31085 413-536-1299 October 23, 1992 Mr. Herbert Levenson Zoning Administrator Town of Wappinger 20 Middlebush Road Wappingers Falls, N.Y. 12590 Re: Highway Bond ©ear Herb: v 1992 ZONING ANNSTRATOR Please find enclosed the Hartford Bond #46582222 for $55,0000, dated October 20, 1992, relative to the road opening for the extension of the Town Water Line along Belair Lane, Aladin Court and Losee Road and entering the Alpine Shopping Center property. This Bond is in accordance with the September 28, 1992 letter from Graham Foster, which is attached. This Bond is in accordance with all of the improvements specified by the Town as shown on the previously approved C.T. Male Plans #12 dated 7!14/92 and #12A, 12B, 12C dated 9/1/92, received by Graham Foster.on 9/10/92. It is our understanding that this Bond will be returned to the Alpine Company of Poughkeepsie upon completion of the work and acceptance of the work by the Town Engineer. We request that the Bond be returned within two weeks of the formai writtten acceptance by the Town Engineer. We also recognize that this work will be done prior to the issuance of the Certificate of occupancy. Also, please find enclosed the completed Application for Work on Town of Wappinger Road, signed October 22, 1992. The Insurance Certificate will be provided upon contract award and prior to the start of work. We request that the Permit be issued to allow for a November 2 start date. Please let me know if there is anything further that I may provide., Thank you very much. Sinqerel_y, , L Edward A. Kell Partner EAK/mcc The Young Agency, INC. Total Asset Protection &Insurance Services BOND No, 4658222 A.a. Hartford Plaza Hartford, Connecticut 06115 BOND Know All Men By These Presents, That we, The Alpine Company of Poughkeepsie of 1029 North Road,Westfield,Massachusetts as Principal, and Hartford Fire Insurance Company,HartfoEo, ctiEarporation organized under the laws of the State of Connecticut, having its principal office in the City of liartforc� Connecticut, as Surety, are held and firmly bound unto Town of Wappinger in the sum of Fifty -Five Thousand Dollars and 00/100 --------------Dollars (t 55,000.00**********) lawful money of the United States, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the above bounden Principal has been granted a Road opening bond for water line (2800')restoration of pavement and shoulder on Bellair Lane,Alladin Court, and Losee Road Now, Therefore, the Condition of this Obligation is Such, that if the above Principal shall indemnify and save harmless the Town of Wappirlger against loss to which the Town of Wappinger may be subject by reason of said Principal's breach of any ordinance, rule or regulation• relating to the above described license or permit, then this obligation shall be null and void, otherwise to remain in full force and effect. The term of this bond is for a period beginning on the 20th day of October . 19 92 and ending on the 20th day of October .19 93 Signed, sealed and dated this 20th day of Octobet' 19 92 The Aline Company of Poughkeepsie ................................... ................. CL aw2u.,.l 13Y._.. fano; Parer............ Hartford Fire Insurance Company y....:............ George J. hunck,Attorney-In-Fact, _ ...................................................._...._......._...............................__... F -,-S-3.514? 'S3 primed 1n U. S. A.