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Corporate Park02/16/2006 15:54 8454719965 Fax Memo Ta Kevin Lund, KBL From Peter J, Paggi ew cc: Planning Board George Kolb Michael Tramper Oat= 02/16/06 Rm Corporate Park PAGG1 MARTIN DELBENE PAGE 01 Craig Burke, BTM Jason Morris, M.A. Day Eng. RECEIVED hH 17 2006 SUPERVISOR'S OFFICE TOWN OF WAPPINGER We are in receipt of two faxes from Craig Burke of BTM regarding the above referenced project. We have reviewed the information and would note the following: We have no problem with the water main along Route 9 being moved to the west side of the newly relocated utility pole line. However we would ask that the Engineer and/or Surveyor check that the water line will still be within the DOT right-of-way. They should also provide a sketch of the proposed change. We would also note that the water main installation can not take place until the entire area is brought to subgrade elevation. • Craig is also proposing to relocate the proposed sanitary sewer main that runs along the northerly property line 6' — 8' south, in order to avoid disturbing the existing stone wall fence. The approved plan shows the main B' south of the wall/ edge of easement. Therefore if the main is rebcated 6'- 8' south, it will end up roughly in the center of the 30' wide sewer easement. We have no problem with this proposed relocation. • By copy of this memo I would ask Mike Tramper if he has any comments on the two proposed relocations. Please feel free to contact me if you have any comments regarding this matter. 0 page 1 VERGILIS, STENGER, ROBERTs & PARTNERS, LLP ATTORNEYS AND COUNSELORS AT LAW GERALD A. VERGILIS* KENNETH M.STENGER ALBERT P. ROBERTS LOUIS J. VIGLOTTI JOAN F. GARRETT** THOMAS R DAVIS EMANUEL F. SARIS KAREN P. MacNISH KEVIN T. McDERMOTT JAY B. RENFRO ANGEL I. FALCON ANTHONY M. DEFAZIO 'ADMITTED TO PRACnCE INNY&FLA. -'ADMITTED TO PRACTICE IN NY & CONN. November 18, 2005 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (845) 298-2000 FAX (845) 298-2842 e-mail: inf0QVS1P.cnm Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Hon, Joseph Ruggiero, Supervisor Re: Corporate Park Site Plan Extension of Water and Sewer Service to Corporate Park Parcel and Heart Acura Parcel HAND DELIVERED Dear Joe: LEGAL ASSISTANT: AMY E. DECARLO POUGHKEEPSIE OFFICE 276 MAIM MALL POUGHKEEPSIE, NY 12601 (845) 452-1046 NEWBURGH OFFICE 299 N. PLANK ROAD, SUITE 106 NEWBURGH, NY 12550 (845)567-3783 ADDRESS REPLY TO: ( ) POUGHKEEPSIE ( ) WAPPINGERS In conjunction with the Town Board Resolutions authorizing water and sewer service to the above parcels, I am enclosing herewith the following documents: 1. Photo Copy of the Performance Agreement Secured by Letter of Credit duly executed by 2345, LLC and Mark Ritter, indi-6dually; the original Performance Agreement will be deposited with the Town Clerk's Office; 2. Original Declaration of Cross Access Agreement duly executed by 2345, LLC; 3, Original Grant of Permanent Easement for Sanitary Sewer Collection Line duly executed by 2345, LLC, accompanied by a TP -584; 4. Original Grant of Permanent Easement for Water Line/Water Meter Pit duly executed by 2345, LLC, accompanied by a TP -584; 5. Original Grant of Permanent Easement for Permanent and Unspecified Easement for Sanitary Sewer Collection Line duly executed by Heartland, LLC, accompanied by a TP -584; and 6. Original Grant of Permanent Easement for Water Line/Water Meter Pit duly executed by Heartland, LLC, accompanied by a TP -584. Upon your execution of the Easements, the original documents will be forwarded to Bridge City Abstract LTD., for recording at the Dutchess County Clerk's Office. The original documents will be held by Barbara Roberti pending endorsement of the site plan by Chairman DiNonno. The above documents have been prepared by my office in consultation with Jay Paggi's office. With the submission and execution of these documents, 2345, LLC and Heartland, LLC have fully complied with the Town Board's Resolutions authorizing the Water and Sewer Service to these parcels. Very Truly Yours, VERGILIS,'S)7ENGER, ROBERTS & PARTNERS, LLP ALBERT P. ROBERTS APRIso cc: Hon. John C. Masterson, Town Clerk (with original Performance Agreement and Letter of Credit) Planning Board — Attention: Barbara Roberti (with copies of all documents) Jay Paggi, P.E. (without copies) Chris Holme (without copies) PERFORMANCE AGREEMENT SECURED BY A LETTER OF CREDIT WHEREAS, the undersigned, 2345, LLC, by MARK RITTER, MEMBER, with an address of: 1207 Route 9 Wappingers Falls; New York 12590 (hereinafter referred to as "2345") has acquired all right, title and interest and an to a project known as "Corporate Park" located on west side of Route 9 in the Town of Wappinger; and WHEREAS, the Town of Wappinger Planning Board has granted Site Plan Approval for this project by Resolution dated January 19, 2005, which Resolution has been amended by Resolution dated September 19, 2005, both of which Resolutions are on file with the Town Clerk of the Town of Wappinger and which Resolutions are incorporated herein by reference; and WHEREAS, 2345's predecessor in interest, North American Home Equities, Inc. has committed, together with Heartland, LLC, to extend water and sewer lines as more particularly set forth in a certain agreement dated August 31, 2005 between the Town of Wappinger and North American Home Equities, Inc. and Heartland, LLC, a copy of which agreement is attached hereto and made part hereof ; and WHEREAS, by Assignment dated October 12, 2005, 2345 has acquired all right, title and interest in and to the project known as "Corporate Park" and has agreed to assume all of the duties and obligations otherwise required of North American Home Equities, Inc. in accordance with the above referenced Resolution and agreements; and 0:IREALESTA\Ritter',2345LLC\PerformAgt-1.etterCredit. DOC Dated: November 4, 2005 WHEREAS, one of the obligations of the agreement dated August 31, 2005 was the obligation to construct a further extension of a sever line to the southerly property line of Heartland, LLC in the event the Town of Wappinger authorized the formation of a new sewer improvement area and/or sewer district encompassing both the Corporate Park parcel and the Heartland, LLC parcel as more particularly set forth in the above referenced agreement; and WHEREAS, to guaranty that the construction, installation and dedication of the sewer line extension, 2345 hereby deposits a Letter of Credit with the Town of Wappinger to ensure the construction of said sewer line in the event 2345 or its successors and assigns fails to construct the sewer line as required. NOW, THEREFORE, the undersigned 2345 by MARK RITTER hereby agrees to the following: If on or before July 5, 2007, the Town Board of the Town of Wappinger has duly adopted an Order establishing a further sewer improvement area or sewer district, the boundaries of which include the Heartland Parcel located at 1271 Route 9, Wappingers Falls, New York and the Corporate Park Parcel located to the immediate north of the Heartland Parcel then 2345 agrees to construct an extension of a sewer main to the southerly boundary of the Heartland Parcel as referenced and identified in the Agreement dated August 31, 2005 as determined by the Engineers to the Town, Paggi, Martin & Del Bene, or their successors, and in accordance with Plans and Specifications approved by the Engineers to the Town and the Dutchess County Health Department. The undersigned will commence construction of the sewer main extension within forty-five (45) days notice to do so issued by the Town Board of the Town of Wappinger, OAREALESTA1Rittert2345LLC\PerformAgt-LetterCredit ROC Dated: November 4. 2005 2 weather conditions permitting. Such notice shall be in writing and served at the address of the undersigned above identified, or at such other addresses as directed by 2345, LLC. 2. Upon construction and completion of the sewer main and appurtenances, and upon request of the Town, the undersigned will dedicate the same to the Town, free and clear of any liens, encumbrances or obligations. 3. As security for this obligation, including sum sufficient to pay for attorneys' or consultants' fees in the event the undersigned fails to make the above -referenced improvement or otherwise defaults hereunder, the undersigned hereby delivers to the Town of Wappinger the following security for the faithful performance of the obligations the undersigned has committed to undertake herein: an irrevocable Letter of Credit issued by Mahopac National Bank in the sum of One Hundred Thirty Eight Thousand Dollars ($138,000.00), bearing No. 200514, which irrevocable Letter of Credit is attached hereto and by execution of this document, the undersigned hereby consents to the terms thereof as security for this obligation. 4. The undersigned further expressly acknowledges that in the event it fails to commence construction of the sewer main and appurtenances as required herein, the Town may call the security and issue drafts against the Letter of Credit and utilize the proceeds thereof for the construction of the sewer main as otherwise required. Dated: November, 2005 2345, LLC By: Mark Ritter, Member Individually O: tREALE5TA1Rittee 2345LLC\PerformAgt-Letterr-redit. DOC Dated: November 4, 20D5 3 ACKNONVLEDGMENT STATE OF NEW YORK ) ) ss.. COUNTY OF DUTCHESS ) On November 152005, before me, the undersigned, personally appeared MARK RITTER, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public tv--vF. c-nrroTs NOTARY PL19; fO, _ Ynrlc STATE OF NEW YORK ) Ou'dified in Dutche-ss' Commission Ex�iires Feb. 2$, 20 U SS.. ) COUNTY OF DUTCHESS ) On November _L�, 2005, before me, the undersigned, personally appeared MARK RITTER, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. OAREALESTA\Ritter1234 5 LLC\PerfcrmAg1-LetterC redit_D OC Dated: November 4, 2005 4 Notary Public ALBERT F ROIERTS NOTARY PUBLIC, State of New York Q<< 'flPd in Dtttchess County Cam�issiutr uN;c; E_b. 28, 2D MAHOPAC* Town of Wappinger IRREVOCABLE NATIONAL BANK LETTER OF Maho ac National Bank 14411�oute 22 Brewster, NY 10509 (845) 278-1000 LENDER" 2345, LLC f[UARESs CREDIT 1201'Route 9, Suite 3 Wappingers Falls, NY 12590 TELEPHONE�N� _ _ IDEiJ`rIFICllT10P1NQ (845)298.1525 14-1827615 1. the close of business on July 15, 2007 and all drafts and accompanying statements or documents must be presented to Lender on or before that time; or 2. the day that Lender honors a draw under which the full amount of this Letter of Credit has been drawn. Lender hereby establishes at the request and for the account of Customer, an Irrevocable Letter of Credit in favor of Beneficiary for a sum of One Hundred Thirty Eight Thousand and no/100 Dollars ($ _ 3-38,000...00 ), These funds shall be made available to Beneficiary upon Lender's receipt from Beneficiary of sight drafts drawn on Lender at Lenders address indicated above (or such other address that Lender may provide Beneficiary in writing) during regular business hours and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT THE CUSTOMER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. 1. DRAFT TERMS AND CONDITIONS Lender shall honor drafts submitted by Beneficiary under the following terms and conditions: A statement purportedly signed by an authorized officer of Town of Wappinger stating: "We hereby certify that the amount of One Hundred Thirty Eight Thousand U. S. Dollars ($138,000.00) as evidenced by our sight draft dated today and drawn on you represents the amounts due the Town of Wappinger from 2345, LLC as a result of its failure to perform its duties and obligations as set forth in a Performance Agreement duly executed by 2345, LLC to which this Letter of Credit is appended. We further certify that before any sight drafts are drawn by the Town of Wappinger that the account party will be given ample opportunity to be heard on this matter prior to the Town Board voting to draw on the Letter of Credit." Upon Lender's honor of such drafts, Lender shall be fully discharged of its obligations under this Letter of Credit and shall not be obligated to make any further payments under this Letter of Credit once the full amount of credit available under this Letter of Credit has been drawn. If a non -conforming demand is made, Lender shall notify Beneficiary of its dishonor on or before the time specified in Paragraph 5 below. Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit once Lender has honored any draft or other document which complies strictly with this Letter of Credit, and which on its face appears otherwise in order but which is signed, issued, or presented by a party or under the name of a party purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as Beneficiary without Beneficiary's authorization. By paying an amount demanded in accordance with this Letter of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be liable to Beneficiary, or any other person, for any amount paid or disbursed for any reason whatsoever, including, without limitation, any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary certifies that Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount. 2. USE RESTRICTIONS All drafts must be marked "DRAWN UNDER Mahopac National Hank IRREVOCABLE LETTER OF CREDIT NO. 200514 DATED October 13 2005 " and the amount of each draft shall be marked on the draft. Only Beneficiary or Beneficiary's Transferee (if this Letter of Credit is transferable) may complete a draft and accompanying statements or documents required by this Letter of Credit and make a draw under this Letter of Credit. This original Letter of Credit must accompany any draft drawn hereunder. 4. TRANSFEREE'S REQUIRED DOCUMENTS When the presenter is a permitted Transferee under paragraph 3 above, the documents required for a draw shall include: A. All documents required elsewhere in this Letter of Credit, except that such documents may be in the name of and executed by either t� i' .aLnr•,c_�na .: t+or-� ti nn.., �� fJ• �;1 he Origi�cii v�eneiiCiur'y' iu e �c,,�.�iC=r peri �.i.,., �,y t,aeri�rut.v, u B. When the presenter is a permitted Transferee under paragraph 3.A. or a third party under paragraph 3.8., a certified copy of the one or more documents which show the presenter's authority to claim through or to act with authority for the original Beneficiary. 5. TIMING OF DISHONOR Lender may rely upon any reason for dishonor which it communicates to Beneficiary or the presenter within three (3) Banking Days after Lender has received the last document forming Beneficiary's presentment (the "Three -Day Period"). Lender shall be entitled to rely upon such reason without regard to either (i) the timing of any presentment made before the Expiration Date, or (ii) the timing inside the Three -Day Period of any preliminary communication(s) from Lender concerning the dishonor decision or any reason for dishonor. For any reason for dishonor given during the Three -Day Period, Lender shall be conclusively deemed to have met the "reasonable time", "without delay", and other timing requirements as the Uniform Customs and Practice for Documentary Credits, 1993 Revision, ICC Publication No 500, as most recently published by the International Chamber of Commerce (the "UCP") may impose. The Expiration Date shall not be extended to accommodate a presentment made less than three (3) Banking Days before the Expiration Date, and Beneficiary shall not be entitled to submit a draw request or provide Lender with any documents in support of a draw after the Expiration Date. Lender shall not be required to communicate a dishonor decision or its reasons within a time less than the Three -Day Period. "Banking Day" means any day, except Saturday, on which commercial banks located in New York are open. 6. COMPLIANCE BURDEN Lender is not responsible for any impossibility or other difficulty in achieving strict compliance with the requirements of this Letter of Credit precisely as written. Beneficiary understands and acknowledges: (i) that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consent, the burden of complying strictly with such wording remains solely upon Beneficiary; and (ii) that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and continued approval of such wording. 7. NON -SEVERABILITY If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body having jurisdiction, Lender's entire engagement under this Letter of Credit shall be deemed null and void ab initio, and both Lender and Beneficiary shall be restored to the position each would have occupied with all rights available as though this Letter of Credit had never occurred. This non -severability provision shall override all other provisions in this Letter of Credit, no matter where such provision appears within this Letter of Credit. 8. CHOICE OF LAW/JURISDICTION This Letter of Credit is subject to the UCP. This Letter of Credit shall be governed by and construed in accordance with the laws of the State of New York , United States of America, except to the extent such laws are inconsistent with the UCP. Lender and Beneficiary consent to the jurisdiction and venue of any court selectee! by Lender in its discretion located in the State of New York in the event of any legal proceeding under this Letter of Credit. 9. EXPIRATION Lender hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented to the Lender on or before the Expiration Date. Dated: October 13, 2005 LENDER: Mahopac National Batik Regional V'ce Presi✓ F ' ENDORSEMENT OF DRAFTS DRAWN: Amount Amount Date Negotiated By In Words In Fi ures DECLARATION OF UNSPECIFIED CROSS ACCESS EASEMENT THIS DECLARATION made the E day of November, 2005, by 2345, LLC with an address for the purposes of this instrument at 1207 Route 9, Wappingers Falls, New York 12590 (hereinafter referred to as "DECLARANT") WITNESSETH: WHEREAS, DECLARANT owns a certain parcel of property located on the north side of Route 9, Wappingers Falls, New York 12590 which is more particularly described in a certain deed dated October 10, 2005 from OAK STREET PROPERTIES, LLC to 2345, LLC, which deed was recorded in the Office of the Dutchess County Clerk on the 20th day of October, 2005 as Document No. 02 200593 69 (hereinafter referred to as the "CORPORATE PARK PARCEL"'; and WHEREAS, the DECLARANT acquired the right to purchase the above mentioned CORPORATE PARK PARCEL by assignment from NORTH AMERICAN HOME EQUITIES, INC., assignor, to 2345, LLC, assignee, dated October 12, 2005.; and WHEREAS, the DECLARANT hereby agrees to grant an Unspecified Cross - Access Easement over and tluough a portion of the northeastern corner of the above described property for the purposes of permitting both vehicular and pedestrian traffic from the properties to the north, commonly know as Hark Plaza, when, and if, the Town of Wappinger Planning Board approves a reciprocal Cross -Access Easement over and through the Hark Plaza Parcel; and WHEREAS, the granting of this Unspecified Cross -Access Easement is a condition of the site plan approval granted to NORTH AMERICAN HOME EQUITIES, O: AappingerlTri-Municipal AlHeartlan&CrossAccess Declaration 11/16105 INC. by the Town of Wappinger Planning Board pursuant to Resolution dated the 19th day of January, 2005; and WHEREAS, the property to the immediate north of the subject parcel (Hark Plaza) has not granted a reciprocal Cross -Access Easement, however, it is the intention of this Declaration to coordinate cross -access between the CORPORATE PARK PARCEL as may be determined by the Town of Wappinger Planning Board, when, and if a future cross -access is granted by the property owners of the Hark Plaza Parcel, or their successors. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00), actual consideration, lawful money of the United States, receipt of which is hereby waived, and in further consideration of the promises set forth below, DECLARANT hereby agrees to grant an Unspecified Cross -Access Easement and Right -of -Way for vehicular and pedestrian traffic and the CORPORATE PARK PARCEL shall be held, sold, conveyed, transferred and occupied subject to the covenants, conditions and agreements hereinafter set forth: Recitations. The recitations above set forth are incorporated in this Resolution as if fully set forth and incorporated herein. 2. Cross Access Easement. The. DECLARANT hereby establishes and imposes an Unspecified Cross -Access Easement and Right -of -Way in and over an unspecified portion of the northeast comer of the CORPORATE PARK PARCEL for the purposes of permitting vehicular ingress and egress and pedestrian traffic so as to permit the free flow of vehicular and pedestrian traffic by the owners, tenants and the personal and business invitees of DECLARANT'S parcel and the adjacent parcel to the north Hark O: lWappingerMri-Municipal AlHea1'tlandlCross Access Declaration 11/16105 Plaza, as well as to members of the general public, as determined by Resolution of the Town of Wappinger Planning Board, on notice to DECLARANT or its successors and assigns. 3. Duration. The terms, covenants and agreements herein contained shall be binding on DECLARANT and its respective successors, assigns, heirs, distributees and legal representatives, AND ALL COVENANTS HEREIN SHALL RUN WITH THE LAND AFFECTED HEREBY AND SHALL BE PERPETUAL IN DURATION. Notwithstanding the foregoing, this Unspecified Cross -Access Easement shall not be effective until the owners of the Hark Plaza to the north have granted a similar Cross -Access Easement and the Planning Board of the Town of Wappinger has approved both the nature and duration of the cross -access. 4. Amendment. This Declaration may only be amended by an instrument in writing, in recordable form and executed by the DECLARANT, or its successors and assigns and upon formal consent of the Planning Board of the Town of Wappinger, evidenced by a Resolution duly adopted at a Regular Meeting of said Planning Board ,; prior notice to DECLARANT or its successors. 5. Partial Invalidity; Separability. The provisions of this Declaration are separable and if any provision, clause, sentence, sub -section, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable shall not affect or impair any of the other remaining provisions, clauses, sentences, sub -sections, words or parts of Declaration or its application to DECLARANT'S parcel or other persons or circumstances. It is hereby stated to be the intention of the DECLARANT that this D: lWappinger?Tri-Municipal A' Heartlon&,Cross Access Declaration 11/16/05 Declaration would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, sub -section, word or part had not be included therein, and if such person or circumstance to which the Declaration or part thereof is held inapplicable, had been specifically exempted therefrom. IN WITNESS WHEREOF, this Declaration has been executed as of the date and year above written. 2345, LLC By: _ /Z ;� MARK RfTTER, MEMBER O: Wgppinger7ri-Municipal AWeartlan&Cross Access Declaration 11/105 ACKNON'VLEDGMENT STATE OF NEW YORK ) ss. COUNTY OF DUTCHESS) On the V day of November, 2005, before me the undersigned, a Notary Public in and for the State, personally appeared MARK RITTER, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public TS NOTARY P 8� IC St e aR New Yorl[ fJi�F'i€ied ir. autchess caun� Expires Feb. 2&, 20 0:1WappingerlTri-Municipal A Weartland) Cross Access Declaration 11/16/05 GRANT OF PERMANENT EASEMENT FOR SANITARY SEWER COLLECTOR LINE tk- THIS INDENTURE, mads the %-f day of November,2005 between 2345, LLC vV-i i' an address of 1207 Route 9, Wappingers Falls, New York 12590 (hereinafter referred to as "GRANTOR"), Im THE TOWN OF WAPPINGER A MUNICIPAL SUBDIVISION with offices situate at Town Hall, 20 Middlebush Road Wappingers Falls, New York 12590 acting for itself and by and on behalf of the Wappinger Sewer Transmission/Treatment Improvement Area — Phase 3-A (sometimes referred to as the "Town" and/or the "Improvement") and being collectively referred to as "GRANTEE") WITNESSETH: WHEREAS, the GRANTOR is the owner of a certain parcel of property located on the north side of Route 9, Wappingers Falls, New York, which is more particularly described in a certain deed dated October 10, 2005 from Oak Street Properties, LLC to 2345, LLC, and which was recorded in the Office of the Clerk of the County of Dutchess on the 20th day of October, 2005 as Document No. 02 2005 9369. WHEREAS, the GRANTOR has agreed to grant to the Town of Wappinger a permanent easement through the above described property for the purposes of the construction, installation and maintenance of a sanitary sewer, pipe and/or main and related appurtenances (sanitary sewer collector line) as hereinafter described. O: lbusiness'Marsh,HaroldlNorth American EquitieslGrant of Perm Easement Dated: November 4, 2005 NOW, THEREFORE, in consideration of the sum of one dollar ($1.00), actual consideration, lawful money of the United States, receipt of which is hereby waived, and in further consideration of the promises set forth below, the GRANTOR hereby grants and releases unto the GRANTEE a permanent easement and right-of-way for the following uses and purposes, upon the following terms and conditions: 1. GRANT OF PERMANENT EASEMENT AND RIGHT-OF-WAY. (a) The GRANTOR grants unto the GRANTEE a PERMANENT EASEMENT AND RIGHT-OF-WAY in, on, under and through that portion of the GRANTOR'S parcel hereinafter described and called the PERMANENT EASEMENT AREA, for the purpose of constructing, operating, maintaining, repairing, reconstructing, replacing and inspecting a sewer collector line and/or transmission line and any necessary appurtenances for the transportation of sewage through the PERMANENT EASEMENT AREA more particularly described in Schedule "A" attached hereto and made a part hereof. 2. ACCESS. This Grant of a PERMANENT EASEMENT AND RIGHT-OF-WAY includes, but is not limited to, the following appurtenant rights necessary to effectuate the construction and maintenance of the sewer collector line and appurtenances; (a) the right of ingress and egress by person, motor vehicle and construction equipment necessary to Iay and to construct the sewer collector line and/or transmission line and any necessary appurtenances in, on, under and through the PERMANENT EASEMENT AREA for the transportation of sewage through the PERMANENT D:'busmessWarsh,Narol&.VorlhAmerican EguifieslGrant of Perm Easement 2 Dated: November 4, 2005 EASEMENT AREA, and to maintain, repair, construct, replace and inspect the same as GRANTEE may deem necessary or desirable; and (b) the right to clear, excavate, fill, grade, or cultivate the PERMANENT EASEMENT AREA and/or otherwise improve the same for the purposes herein set forth, provided that any excess soil excavated from the PERMANENT EASEMENT AREA shall, at the option of GRANTOR, either be deposited on GRANTOR'S parcel at a location, or locations, selected by GRANTOR contiguous to the PERMANENT EASEMENT AREA, or shall be removed by the GRANTEE from the GRANTOR'S parcel at GRANTEE'S expense. 3. PROHIBITION OF STRUCTURES. The GRANTOR is hereby prohibited from constructing and/or maintaining any type of permanent structure including underground pipes and conduits in, on, under or over the PERMANENT EASEMENT AREA described in Schedule "A", without written permission of the GRANTEE. Nothing herein shall preclude the GRANTOR from using, repaving or resurfacing the existing driveways and/or parking areas nor prohibit the GRANTOR from storing and/or parking new and used vehicles on the PERMANENT EASEMENT AREA. 4, RESTORATION. All areas disturbed by the GRANTEE by the exercise of the rights conferred herein shall be restored, as reasonably as practicable, to the condition that existed prior to the disturbance, or as directed by separate agreement, so as to minimize disruption to the businesses located on GRANTOR' S parcel. O: IbusinessWorsh,Harofd'North Americon EgurtieslGranl of Perm Easement Dated: November 4, 2005 5. DURATION. The terms, covenants and agreements herein contained shall inure to the benefit of, and be binding upon the parties hereto and their respective heirs, distributees, legal representatives, successors and assigns and ALL COVENANTS HEREIN SHALL RUN WITH THE LANDS AFFECTED THEREBY AND SHALL BE PERPETUAL IN DURATION, IN WITNESS WHEREOF, the GRANTOR and GRANTEE have executed this instrument as of the date first set forth above. 2345, LLC, Grantor By: MARK RITTER, MEMBER TOWN OF WAPPINGER, Grantee B. Y JdAEPHR4JGGIERO, ST&#RVISOR U - V- O: Ibusinessl,Varsh,Harold'J1'orrh American EguitieslGrant of Perm Easement L� Dared: November 4, 2005 STATE OF NEW YORK 14141801V991a110[a:Ilm ACKNOWLEDGEMENTS } } ss. On November IS, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared MARK RITTER, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ALBERT P RVERTS STATE OF NEW YORK ) NOTARY PUBLIC, State of New York Qualified in Dutchess County ss. Commission Expires Feb, 28, 20 COUNTY OF DUTCHESS ) On November , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared JOSEPH RUGGIERO, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. - Notary Public ALBERT P ROBERTS NOTARY PUBLIC, State of New York Quslified in autchess County Commission Expires Feb. 28, 20 :!24 O: 4businessMarsh,Harol&Alorth American EguitieslGrant of Perm Easement 5 Dated: Novemher 4, 2005 CHAZEN ENGINEERING & LAND SURVEYING CO., P.C. Capital District Office 21 Fox Street, Poughkeepsie, New York 12601 Phone_ (5 18) 235-8050 Phone: (845) 454-3980 Fax: (845) 454-4026 Web: www.chazencompanies.com Orange County Office Phone: (845) 567-1133 SURVEY DESCRIPTION SANITARY SEWER EASEMENT THROUGH LANDS OF 2345, LLC North Country Office Phone: (518) 812-0513 ALL that plot, piece or parcel of land -situate and being in the Town of Wappinger, County of Dutchess and State of New York, bounded and described as follows: BEGINNING at a point on the southerly terminus of Cayuga Drive, said point being ' the northwesterly corner of the herein described easement, said point being located N 83054'30" E 119.90 feet from the northwesterly corner of the lands now or formerly Oak Street Properties, LLC as described in document #02-1998 page 3038, thence along the southerly terminus of Cayuga Drive N 83054'30" E 30.05 feet to a point thence through the lands of Oak Street Properties, LLC S 09930'16" E 0.95 feet, N 842245" E 188.15 feet, S 13032'51" E 146.16 feet, S 1456'59" W 227.09 feet, S 45900'00" E 76.61 feet, and S 0440'04" E 165.11 feet to a point on the division line between the lands of Oak Street Properties on the North and Heartland, LLC as described in document #02-2002 page 12076 on the South, thence along said division line S 80x10'50" W 30.12 feet to a point thence, N 04940'04" W 156.80 feet, N 45900'00" W 82.90 feet, N 14956'59" E 236.77 feet, N 13932'51" W 112.43 feet, S 8492245" W 190.07 feet, and N 09030'16" W 30.77 feet to the point or place of beginning. September 9, 2005 Revised October 20, 2005 http://email.besrweb-net/cwmaii.egi/sewer_easementrevi 02005- 23452Ic-doc?cmd=item&item=4300&utoicen=vsrp6&op-bestweb.nef 536814737cD0&part-4&f7d=D&/sewer easementreo102005-2345!ic.doc TP -584 (7103) .t New York State Department of Taxation and Finance Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax Effective September 1, 2093, use this 7103 version of Form TP -584; previous versions may no )onger be used. Recording office time stamp See instructions (TP -584-1) before completing this form. Please print or type. - Schedule A— Information relating to conveyance GrantorfTransferor Name (if individual; last, first, middle initial) Social security number County 2345, LLC Section ❑ Individual ® Corporation Mailing address Social security number ❑ Partnership 1207 Route 9 City State ZIP code Federal employer ident. number ❑ Estate/Trust ❑ Other Wappingers Falls New York 12590 14-1827615 Grantee/Transferee Name (if individual; last first, middle initial) Social security number THE TOWN OF WAPPINGER ❑ Individual El Corporation Mailing address Social security number ❑ Partnership 20 Middlebush Road City State ZIP code Federal employer ident. number ❑ Estateiirust ® Other Wappingers Falls New York 12590 14-6002488 Location and description of property conveyed Type of property conveyed (check applicable box) Tax map designation Address Ci /villa e Town County 7 ❑ Office building Section Block Lot SEE LEGAL DESCRIPTION ATTACHED Collector Line Type of property conveyed (check applicable box) 1 ❑ one -to three-family house 5 ❑ Commercial/Industrial 2 ❑ Residential cooperative 6 ❑ Apartment building 3 ❑ Residential condominium 7 ❑ Office building 4 ❑ Vacant land 8 ® Other Grant of Permanent Easement for Sanitary Sewer Collector Line Date of conveyance - rl 1 1d 10S' Month Day year Condition of conveyance (check all that apply) a. ❑Conveyance of fee interest f.[]Conveyance which consists of a mere change of identify or form of ownership or organization (attach b. ❑ Acquisition of a controlling interest (state Form TP -594.1, Schedule F) percentage acquired %) c. ❑ Transfer of a controlling interest (state percentage transferred %) d. ❑ Conveyance to cooperative housing corporation e. ❑ Conveyance pursuant to or in lieu of foreclosure or enforcement of security interest (attach Form TP -584.1, Schedule E) g.❑ Conveyance for which credit for tax previously paid will be claimed (attach Form TP -584.1, Schedule G) h.❑ Conveyance of cooperative apartment(s) i.❑ Syndication j.❑ Conveyance of air rights or development rights k ❑ Contract assignment Percentage of real property conveyed which is residential real property 100 % (see instructions) I. ❑ Option assignment or surrender m.❑ Leasehold assignment or surrender n.❑ Leasehold grant o.❑ Conveyance of an easement p.❑ Conveyance for which exemption from transfer tax claimed (complete Schedule B, Part 111) q.❑ Conveyance of property par0y within and partly outside the state r.® Other (describe) Grant of Permanent Easement for Sanitary Sewer Collector Line For recording officer's use Amount received Schedule B., Part I $ Date received Transaction number Schedule B., Part 11 $ Page 2 of 4 TP -584 (7103) Schedule B — Real estate transfer tax return (Article 31 of the Tax Law) Part I– Computation of tax due 1 Enter amount of consideration for the conveyance (if you are claiming a total exemption from tax, check the exemption claimed box, enter consideration and proceed to Part III) ............................ ® Exemption claimed 2 Continuing lien deduction (see instructions if property is taken subject to mortgage or lien) .................................... 3 Taxable consideration (subtract line 2 from line 1)............................................................................................. 4 Tax: $2 for each $500, or fractional part thereof, of consideration on line 3 .................................................. 5 Amount of credit claimed (see instructions and attach Form TP -584.1, Schedule G) ...................................... 6 Total tax due" (subtract line 5 from line 4).......................................................................................... 1. $0.00 2. $0.00 3. $0.00 4. $U0 5. f ❑ 6. $0.00 Part II – Computation of additional tax due on the conveyance of residential real property for $1 million or more 1 Enter amount of consideration for conveyance (from Part 1, line 1).................................................................1. 2 Taxable consideration (mufliply line f by the percentage of the promises which is residential real propeity, as shown in Schedule A) ...... 2. 3 Total additional transfer tax due` (multiply line 2 by 1% (.01))............................................................................ 3. $0.00 Part III– Explanation of exemption claimed on Part I, line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations, the United States of America, the state of New York, or any of their instrumentalities, agencies, or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state or Canada) . ................................ ..............••................................................................. •...................... a ❑ b. Conveyance is to secure a debt or other obligation....................................................................................................................... b ❑ c. Conveyance is without additional consideration to confirm, correct, modify, or supplement a prior conveyance .......................... c ❑ d. Conveyance of real property is without consideration and not in connection with a safe, including conveyances conveying d ❑ realtyas bona fide gifts.... ............. ............................. ........................ ...... ........................ -_-_---- ................................. ........ e. Conveyance is given in connection with a tax sale........................................................................................................................ e ❑ f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property f ❑ comprising the cooperative dwelling or dwellings.) Attach Form TP -584.1, Schedule F................................................................... g. Conveyance consists of deed of partition................................................................................................................................. 9 ❑ h. Conveyance is given pursuant to the federal Bankruptcy Act. .... ....... .................................... ................... .... _ ------- ___ ........ h ❑ i. Conveyance consists of the execution of a contract to sell real property, without the use or occupancy of such property, or I7 the granting of an option to purchase real property, without the use or occupancy or such property ................................................ i LJ j. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than $200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a one-, two-, or three-family house, an individual residential condominium unit, or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual ❑ residential cooperative apartment. ................. ................................ ................................................................................................ 1 k. Conveyance is not a conveyance within the meaning of section 1401(e) of Article 31 of the Tax Law (attach documents ❑ supportingsuch claim)... ............................... _ ............. ....... ............... ................ ............. _ ...... __ ................... ......... k I. Other (attach explanation).....__....................................................................................................... ............................... I ❑ -Please make check(s) payable to the county clerk where the recording is to take place. If the recording is to take place in New York City, make check(s) payable to the NYC Department of Finance. If a recording is not required, send this return and your check(s) made payable to the NYS Department of Taxation and Finance, directly to the NYS Tax Department, RETT Return Processing, PO Box 5045, Albany NY 12205-5045. Page 3 of 4 TP -584 (7/03) Schedule C — Credit Lint_Mort Certificate (Article 11 of the Tax Law) Complete the following only if the interest being transferred is a fee simple interest, I (we) certify that: (check the appropriate box) 1. ❑ The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2_ ❑ The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax is claimed for the following reason: ❑ The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property (whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer. ❑ The transfer of real property is (A) to a person or persons related by blood, marriage or adoption to the original obligor or to one or more of the original obligors or (B) to a person or entity where 50% or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). ❑ The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee, or other officer of a court. ❑ The maximum principal amount secured by the credit line mortgage is $3,000,000 or more, and the real property being sold or transferred is not principally improved nor will it be improved by a one- to six -family owner -occupied residence or dwelling. Please note: for purposes of determining whether the maximum principal amount secured is $3,000,000 or more as described above, the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances. See TSB -M -96(6)-R for more information regarding these aggregation requirements. ❑ Other (attach detailed explanation). 3_ ❑ The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the following reason: ❑ A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. ❑ A check has been drawn payable for transmission to the credit line mortgagee or his agent forthe balance due, and a satisfaction of such mortgage will be recorded as soon as it is available. 4. ❑ The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage). The maximum principal amount of debt or obligation secured by the mortgage is . No exemption from tax is claimed and the tax of is being paid herewith. (Make check payable to county clerk where deed will be recorded or, if the recording is to take place in New York City, make check payable to the NYC Department of Finance.) Signature (both the grantor(s) and grantee(s) must sign) The undersigned certify that the above information contained in schedules A, B, and C, including any return, certification, schedule, or attachment, is to the best of his/her knowledge, true and complete. 2345, LLC THE TOW Y OF WAPPI3GER By; $y' Ma R_ '—, Ve Member Ti'{` ph €g ero, S isor Titr , G'.Norli 1A_ TrU. G.M. Tiu. Reminder: Did you complete all of the required information in Schedules A, B, and C? Are you required to complete Schedule D? If you checked e, f, or g in Schedule A, did you complete Form TP -584.1? Have you attached your check(s) made payable to the county clerk where recording will take place or, if the recording is in New York City, to the NYC Department of Finance? If no recording is required, send your check(s), made payable to the Department of Taxation and Finance, directly to the NYS Tax Department, RETT Return Processing, PO Box 5045, Albany NY 12205-5045. Page 4 of 4 TP -584 (7103) Schedule D - Certification of exemption from the payment of estimated personal income tax Article 22, Tax Law section 663 Complete the following only if a fee simple interest is being transferred by an individual or estate or trust. Part I - New York State residents If you are a New York State resident transferor(s)/seller(s) listed in Schedule A of Form TP -584 (or an attachment to Form TP -584), you must sign the certification below, If one or more transferors/sellers of the property is a resident of New York State, each resident transferorlseller must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers. Certification of resident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property, the transferor(s)Iselier(s) as signed below was a resident of New York State, and therefore is not required to pay estimated personal income tax under Tax Law section 663(a) upon the sale or transfer of this property. Signature Print full name Date Signature Print full name Date Signature Print full name Date Signature Print full name Date Note. A resident of New York State may still be required to pay estimated tax under section 685(c), but not as a condition of recording a deed_ Part H - Nonresidents of New York State If you are a nonresident of New York State listed as a transferor/seller in Schedule A of Form TP -584 (or an attachment to Form TP -584) but are not required to pay estimated tax because one of the exemptions below applies under section 663(4) of the Tax Law, check the box of the appropriate exemption below. If any one of the exemptions below applies to the transferor(s)/sel[er(s), that transferor(s)/seller(s) is not required to pay estimated personal income tax to New York State under section 663 of the Tax Law. Each nonresident transferor/seller who qualifies under one of the exemptions below must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transferorslsellers. If none of these exemption statements apply, you must use Form IT -2663, Application for Certification for Recording of peed and Nonresident Estimated Income Tax Payment Voucher. Exemption for nonresident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property, the transferor(s)lseller(s) (grantor) of this property was a nonresident of New York State, but is not required to pay estimated tax under Tax Law section 663 due to one of the following exemptions: ❑ The property being sold or transferred was used exclusively as the transferor's/seller's principal residence (within the meaning of section 121 of the Internal Revenue Code) from to (see instructions). Date Date ❑ The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure, or in lieu of foreclosure with no additional consideration. ❑ The transferor or transferee is an agency or authority of the United States of America, an agency or authority of the state of New York, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, or a private mortgage insurance company. Signature Print full name Date Signature Print full name Date Signature Print full name Date i Signature jPrint full name jDate AHOPAC Town of Wappinger NATIONAL BANK Mateopac National Bank 1441 Route 22 Brewster, NY 10509 (845) 278-1000 "LENDER" Wappingers Falls, Meadowood Investors, LLC 4537 Route 5l, suite 16 3opewell Junction, NY 12533 rELEPHONE NO. ,--`i... - z`IOEN74FICR71bN3 (845) 226-6300., :.<...... 41-2081720 1-2081720 IRREVOCABLE LETTER OF CREDIT NO.: 200530 This Letter of Credit shall expire upon the earlier of. - 1. the close of business on December 01, 2006 and all drafts and accompanying statementsor documents must be presented to Lender on or before that time; or. 2. the day that Lender honors a draw under which the full amount of this Letter of Credit has been drawn. Lender hereby establishes at the request and for the account of Customer, an Irrevocable Letterof Credit in favor of Beneficiaryfor a sum of One Hundred Two Thousand and no/100 Dollars ($ 102,000.00 ). These funds shall be made available to Beneficiary upon Lender's receipt from Beneficiary of sight drafts drawn on Lender at Lender's address indicated above (or such other address that Lender may provide Beneficiary in writing) during regular business hours and accompanied by the signed written statements or documents indicated below. WARNINGTO BENEFICIARY: PLEASE EXAMINE THIS LETTEROF CREDITAT ONCE. IF YOU FEELUNABLETO MEET ANY OF ITS REQUIREMENTS,EITHERSINGLYORTOGETHER,YOU SHOULD CONTACTTHE CUSTOMER I MMEDIATELYTO SEE IF THE LETTER OF CREDITCAN BE AMENDED. OTHERWI SE,YOU WI LLRI SK LOSI NO PAYMENT UNDER THIS LETTEROF CREDITFOR FAILURETO COMPLY STRICTLY WiTH ITS TERMS AS WRITTEN. 1. DRAFT TERMS AND CONDITIONS Lender shall honor drafts submitted by Beneficiary under the following terms and conditions: A statement purportedly signed by an authorized officer of Town of Wappinger stating: "We hereby certify that the amount of One Hundred Two Thousand U.S. Dollars ($102,000.00), or parts thereof, as evidenced by our sight draft dated today and drawn on you represents the amount due Town of Wappinger from Meadowood Investors, LLC as a result of its failure to complete the Meadowood water filtration facility and have it accepted by the Town of Wappinger in accordance with the provision of the subdivision approval by the Planing Board. We further certify that the account party was given ample opportunity to be heard on this matter prior to the Town Board voting on this resolution." Upon Lender's honor of such drafts, Lender shall be fully discharged of its obligations under tNs Letter of Credit and shall not be obligated to make any further payments.under this Letterof Credit once the full amount of credit available under this Letterof Credit has been drawn. If a non -conforming demand is made, Lender shall notify Beneficiary of its dishonor on or before the time specified in Paragraph 5 below. Beneficiary shall have no recourse against Lender for any amount paid under this Letterof Credit once Lender has honored any draft or other document which complies strictly with this Letterof Credit, and which on its face appears otherwise in order but which is signed, issued, or presented by a party or under the name of a party purporfing to act for Beneficiary, purporting to claim through Beneficiary, or posing as Ben eficiarywithout Beneficiary's authorization. By paying an amount demanded in accordance with this Letterof Credit, Lender makes no representation as to the correctnesscf the amount demanded and Lender shall not be liable to Beneficiary, or any other person, for any amount paid or disbursed for any reason whatsoever, including, without limitation, any nonapplication or misapplication by Beneficiaryof the proceeds of such payment. By presenting upon Lenderor a confirming bank, Beneficiary cert ifiesthat Beneficiaryhasnot and wifl not present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount. All drafts must be marked "DRAWN UNDER Mahonac National Bank IRREVOCABLE LETTER OF CREDIT 8100530 December 01, 2005 T " and the amount of each draft shall be marked on the draft. Only Beneficiary or Beneficiary's Transferee (if this Letterof Credit is transferable) may complete a draft and accompanying statementsor documents required by this Letter of Credit and make a draw under this Letter of Credit. This original Letter of Credit must accompany any draft drawn hereunder. PAGGI, MARTIN & DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie, New York 12601 845-471--7898 845-471-0905(FAX) July 18, 2005 Dutchess County Health Department 387 Main Street Poughkeepsie, New York 12601 Attention: Peter Marlow, P.E. Reference: Corporate Park and Heart Acura Dear Mr. Marlow: Please be advised that the Corporate Park project located on the west side of Route 9 just south of Hark Plaza calls for the extension of the sewer collection system of Phase 3A of the Wappinger Sewer Transmission/Treatment Improvement Area and is located within the legal boundaries of that Sewer Improvement Area. Please be further advised that the Heart Acura parcel has been granted tenancy by the Town Board, Town of Wappinger to that sewer improvement area.. If there is any further information required, please do not hesitate to contact this office. Very ruly yours, oseph E. Paggi, Jr., JEP:Iaw cc: Han, Joseph Ruggiero Albert P. Roberts, Esq. RECEIVED JUL 2 ', F Joseph E. Paggi, Jr., PE- Ernst Martin, Jr., P.E., L.S- Charles R. Del Bene, Jr., PE. NORTH AMERICAN HOME EQUITIES.) INC. 1.207 ROUTE 9 SUITE 3 WAPPINGERS FALLS, NY 12590 845-298-1525 FAX 845-298-2541 May 17, 2005 Mr, Joseph Ruggerio Town of Wappingers 66 Middlebush Road Wappingers Falls, NY 12590 Re: Corpoi The follow Harold Ma property. ) the balance We need a work. Thank you, in advance, for your cooperation, in this matter. Sincere Mar itter rty on Route 9. portion of this )ntribution and contract for this 11/18/2665 14:47 8454716965 PAGG1 MARTIN DELBENE PAGE 01 PAGGI, MARTIN &. DEL BETE LLP Consulting Engineers & .Land Surveyors 56 Main Strcct Foughkecpsic, New York 12601 845-474-7898 845-471-090S (FAX) November 18, 2005 Planning Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Reference: Corporate Park Site Plan Dear Board Members: On November 100', 2005 this office received Sheets 1 through 20 of the Corporate Park Site Plans, dated last revised November 20, 2005, as prepared by M.A. Day Engineering. Subsequent to discussions with the Project Engineer, revisions were made to the Plans, and on November 18`h, 2005 this office received Sheets 1, 5, 6 and 8 of the Site Plans, dated last revised November 16'", 2005. Please be advised that all outstanding engineering related concerns from our October 21" 2005 review letter have been addressed. We have reviewed the September 28'0', 2005 Resolution of Site Development Plan Approval and would note the following: • a,1; The Zoning Administrator should verily that the Resolution has been signed. • a.2: The Town Tax Collector should verify that the taxes have been paid, • a.3: SedsHed. The Plans have been approved by the DCHD. • a.4: 5aflafied. In his October 21"t, 2005 Compliance Review Letter, the Town Planner indicated that this item has been satisfied. • a.5: The Photometric Plan is subject to the review and approval of the Town Planner • a.6: Sadsfle In his October 21"', 2005 Compliance Review Letter, the Town Planner indicated that this item has been satisfied + a.7: The Landscaping Plans are subject to the review and approval of the Town Planner • a.8: The disposition of the existing Town easement is subject to the review and approval of the Town Attorney. • a.9: The cross access easement is subject to the review and approval of the Town Attorney Joseph E. Pqi, Jr., F.E. Ernst Martin, )r, P U.., L.S. Chinos R. Del Hone, Jr.. P.E. 11/18/2005 14:47 8454710905 PAGG1 MARTIN DELBENE • a. 10: S&IMed. All engineering related concerns have been satisfied. • a. 11: The Town Planner should verify that this condition has been satisfied. • a-12: The Town Planner should verify that this condition has been satisfied. • a-13: The Town Planner should verify that this condition has been satisfied_ • a.14: Sadafled. The Applicant has added the requested note to Sheet 1. PAGE 02 We would ask that, after all approvals have been finalized, that the Applicant provide this office with two (2) complete sets of the final Site Plans. These should be submitted before construction begins on the Site - Please feel free to contact this office if you have any questions regarding this matter. Thank you. Very truly yours, �G r Ys,ph E. Paggi, Jr., P.E- JEPIPJP Cc: Hon, Joseph Ruggiero Hon. Chris Masterson Town Board: File Hon. Graham Foster Albert P. Roberts, Esq, Chris Holme Tatiana Lukianoff Mark Day, P.E. Kevin Lund BLACKTOP MAINTENANCE CORP. 27 COMMERCE STREET, POUGHKEEPS9E, NEW YORK 12603 (845) 471-8700 FAX (845) 471-8138 www,blacktopmaintenance.com btm.ferris@att.net PROPOSAL April 25, 2005 Mr. Mark Ritter North American Home Equities Inc. 1207 Route 9 Wappingers Falls, NY 12590 RE: CORPORATE PARK — SANITARY SEWER AND ROUTE #9 WATER MAIN Dear Mr. Ritter: We are pleased to provide this cost estimate to perform work, as listed below, on the above referenced project, Job # I Work Scope for Sanitary Sewer Installation • Construction layout for our work. • Installation of all new sanitary manholes at Corporate Park Site. • Removal / disposal of existing septic tank at Acura and conversion to new manhole. • Tie-in at Cayuga Drive. • Repair/patching of blacktop and concrete at both Acura and Cayuga for areas disturbed by our work. • Includes installation of all SDR -35 sanitary shown on Drawings (except service to bank). • Includes all manhole frames / grates set to finish grade. • Installation of all interior manhole and troughths. • Testing for completed sanitary system included, • Backfill to Plan Specs, Sanitary Base Bid: $72,507.00 27 COMMERCE STREET, POUGHKEEPSIE, NEW YORK 12603 (845) 471-8700 FAX (845) 471-8138 www.blacktopmaintenance.com btm.ferris@att.net Page 2 April 25, 2005 Re: Corporate Park —Sanitary Sewer and Route #9 Water Main Price for above work without Materials• $49,506.01 (BTM to supply Labor and Equipment only) SANITARY SEWER REVISIONS/OPTIONS LIST Option # 1: Use of crushed rock from Bank Site for trench backfill in -lieu of surge fines. Deduct from Sanitary Base Bid: $ 5,643.00 Option # 2: Deduct all blacktop repair work at Heart Acura Property. Deduct from Sanitary Base Bid: 1,650.00 Option # 3- Acura to abandon their own septic tank (no work on existing Acura system by BTM). Deduct from Sanitary Base Bid: $ 5,000.00 Option #4: Perform no sanitary sewer installation at Acura and end sewer main at manhole #2. Deduct from Sanitary Base Bid: $ 6,400.00 Job # 2 Work Scope for Water Main Installation Along Route #9 • Construction layout for our work. • Perform tie in at existing stub -piece near Old Hopewell Road - 0 Install ± 1750 LF 8" Class 52 tylon ductile iron water main along Route # 9 R.OW as shown. • Install 3 -fire hydrants and associated valves. • Install 3-6" meter pit assembly's complete w/interior parts and lids. • Work includes restoration of existing areas after our work (i.e., topsoil, blacktop patch, etc.). • Seeding and mulching at grass areas disturbed by our work. • Chlorination and testing by BTM. BLACKTOP MAINTENANCE CORP. 27 COMMERCE STREET, POUGHKEEPSIE, NEW YORK 12603 (845) 471-8700 FAX (845) 471-8138 www.blacktopmaintenance.com btm.ferris@att.net Page 3 April 25, 2005 Re: Corporate Park —Sanitary Sewer and Route #9 Water Main Job # 2 Work Scope for Water Main Installation Along Route #9 (continued) • Backfill to Plan specs. Water Base Bid: $262,733.00 Price for above work without Materials: $148,873.00 (BTM to supply Labor and Equipment only) WATER MAIN OPTION LIST Option A: Use crushed rock from Bank site in -lieu of surge fines for backfill along waterline. Deduct from Water Line Base Bid: $ 524.00 Option B: End waterline installation before Heart -Acura. Installation would end after last meter pit and before Heart -Acura entrance. Deduct from Waterline Base Bid: $ 12,300.0 j 'pr"' - SPECIAL NOTES / CLARIFICATIONS • No rockwork or associates costs. • No work A.0,B,E. Architect, owner, or others. • No unsuitable soil or undercut excavation or backfill. • Spoil material to remain on-site to be used as fill on balance of site work, • Work not specifically included is excluded. • No landscaping. • Relocation of existing utilities, if necessary, is not included. 27 COMMERCE STREET POUGHKEEPSIE, NEWYORK 12603 (845) 471-8700 FAX (845) 471-8138 www.b9acktopmaintonance.com btm.ferris@att.net Page 4 April 25, 2005 Re: Corporate Park —Sanitary Sewer and Route 49 Water Main SPECIAL NOTES / CLARIFICATIONS (continued) • NOI to be submitted by project Owner. • DOT permits by owner. • Excludes: bonds; permits; fees. • Pumping of existing sewer at the septic tank manhole conversion is not included. Existing lines figured to be capped. • Maintenance and protection of traffic is not included. • Rockwork is defined as unexcavatable material not easily removed by the front blade of a track dozer Cat D-8 size or equivalent or the bucket of a track excavator Cat 315 or equivalent. • Use of Ripper is considered rockwork. BITUMINOUS ASPHALT ESCALATION CLAUSE: Due to recent events in the world oil market, particularly in Venezuela, there is currently a shortage of crude oil. Venezuelan crude is the primary supply for oil refineries, which supply asphalt cement for the Northeast. A potential exists for additional significant price increases or even bituminous concrete shortages in the upcoming 2005 -paving season. Blacktop Maintenance Corp. may be required to pass these increased material price increases on to our customers. 27 COMMERCE STREET, POUGHKEEPSIE, NEW YORK 12603 (845) 471-8700 FAX (845) 471-8138 www.blacktopmaintenancexom btm.ferris@att.net Page 6 April 25, 2005 Re: Corporate Park —Sanitary Sewer and Route #9 Water Main 6. Invoices will be rendered monthly, or at completion of work, whichever comes first and payments are expected on any portion of the work performed and or materials furnished during that 30 -day period. Payments, received after 30 days of invoice date, will be subject to a I V.,% monthly and 18'/oyearly interest charge. 7. FINAL PAYMENT In full is required within 30 days of completion. A service charge of 1 1/2% per month will be added to any unpaid portion of our invoice, which is an annual percentage rate of 18%. We Propose hereby to ftimisb material and labor - complete in accordance with above specifications. Payment to be made as outlined above. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, weather or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance, We must reserve the right to pass along any cost increases without notice. Thank you for the opportunity to present you with this proposal- If you have any questions or need for further clarification, please do not hesitate to contact me at our office. Respectfully submitted, BL ,ACKTOP7- NTENANCE CORP. MA raig. Bur�� E t stimator/Engineer CWB/av NOTE: This proposal may be withdrawn by us if not accepted within 30 -days. ACCEPTANCE OF PROPOSAL - The above prices, specifications and conditions are satisfactory and are hereby accepted. BTM is authorized to do the work as specified. Payment will be made as outlined above. Please return one executed copy to our office at which point you are authorizing us to do the work as specified. Work will be scheduled upon receipt of executed copy. DATE OF ACCEPTANCE AUTHORIZED SIGNATURE September 16, 2005 Via Facsimile (223-3206) and Rezular Mail Mark A, Day, PE M.A.. Day Engineering, PC Suite 218 942 Route 376 Wappingers Falls, NY 12590. Re: Town of Wappinger — Corporate Park Our File No. 12949.0406 Dear Mark: I am enclosing herewith a copy of Jay Paggi's notes to the metes and bounds description prepared by Chazen's office for the various easements. Apparently, the Site Plan has to be updated to reflect the most current survey prepared by Chazen's office and the easements must be shown on a new Site Plan. In a nutshell, the Site Plan will have to be revised before the Chairman signs. For your information, Corporate Park's Site Plan will be on the agenda. for Monday night's meeting. The Planning Board intends to amend the Site Plan Approval to indicate that the basement in the second building cannot be used for anything other than storage for building maintenance.. RECUNI k SEP 2,'"',05 VERGILIS, STENGER, ROBERTS & PARTNERS, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 GERALD A. VERGII.IS* WAPPINGERS FALLS, NEW YORK 12590 LEGAL ASSISTANT: KENNETH M. STENGER ($45) 298-2000 AMY E. DECARLO ALBERT P. ROBERTS LOUIS J. VIGLOTTI FAX (845) 298-2842 POUGHKEEPSIE OFFICE JOAN F. GARRETT** 276 MAIN MALL a -mail: info@vsrp.com POUGHK EPSIE, NY 12601 THOMAS R. DAVIS (845) 452-1046 EMANUEL F. SARIS NEWBURGH OFFICE KAREN P. Mac NISH 299 N. PLANK ROAD, SUITE 106 KEVIN T. MCDERMOTr NEWBURGH, NY 12550 JAY B. RENFRO (845) 567-3783 ANGEL I.FALc6N ANTHONY M. DEFAZIO ADDRESS REPLY TO: () POUGBXEEPSIE O WAPPIMGERS *ADMITTED TO PRACTICE IN NY & PLA. **ADMC17'ED TO PRACTICH. INNY & CONN. September 16, 2005 Via Facsimile (223-3206) and Rezular Mail Mark A, Day, PE M.A.. Day Engineering, PC Suite 218 942 Route 376 Wappingers Falls, NY 12590. Re: Town of Wappinger — Corporate Park Our File No. 12949.0406 Dear Mark: I am enclosing herewith a copy of Jay Paggi's notes to the metes and bounds description prepared by Chazen's office for the various easements. Apparently, the Site Plan has to be updated to reflect the most current survey prepared by Chazen's office and the easements must be shown on a new Site Plan. In a nutshell, the Site Plan will have to be revised before the Chairman signs. For your information, Corporate Park's Site Plan will be on the agenda. for Monday night's meeting. The Planning Board intends to amend the Site Plan Approval to indicate that the basement in the second building cannot be used for anything other than storage for building maintenance.. RECUNI k SEP 2,'"',05 Mark A. Day, PE September 16, 2005 Page Two If you have any questions, please contact me immediately. Very truly yours, VERGILIS STENGER, ROBERTS & PARTNERS, LLP ALBERT R ROBERTS APR/kc V Enclosure cc: Joseph E. Paggi, Jr., PE or.r-14-euu0 wr.0 Ui ; 6y Yr! nvrt;U-f KLIC IUN NNQUIbU N. W CW.EN ENGINEERING &. LAND SURVEYING CO., P.C. Qpi tl Dlwlct Office ..21 PGs' Strew, PD, fcg*IWePsf#' New York 12001 Nord Cva+t►S' QflGca Phare (SIB)235-ROSQ Plloxs: 045) 04 -3986 -Fair: (845) 434-¢026 Man: (Si8)6tZ.Ds13 Web., wwtiw.ahePbAcompetiie: oam Orme comfy pool, Phone: (945)$67.1133 SURVZY 'DESCRIpTION SAMTARY SEWER EASEMENT THROUGH LANDS OF HEA,RTLANDt LLC ALL that plot, piece. or parcel of land situate and being in the Town of Wappinger, County of Dutchess ana State of New 'York, bounded and deaeribed as follows; BEGINNING at a paint on the division line'betwesn nds now or formerly Oak IL street, LLC as described in document #02-1998 page 038 on the North and lands now or formerly Heartland, LLC as.de went #02-2002 page 12076 on d'b V'the South, said point being locate 00 '50" E 82, et from the southwesterly 5 nde of Oak Street Propertioo, LLC, thence along said division lime N cPiis+ • � 0°10'80" L 30.1 et ".to a thence through the lands of Heartland, LLC, S 40 et 89025'14" 123.0! feet 0094 W 18,9!5 feet, due en"'g e� ort eet, 9°2511 " .4 and a V et to the point or place of beginning. �7' Ptct' t Sia September 9, 2005 v" p•a '-NI MIMIna SYR 94983 5003-ZT-as br.r-14-4uu!3 wtu U1 ;4u M MVrUu-HKL1NU1UN 0404flu1vu r, u4 CHAZEN ENGINEERING & LAND SURVEY NII Co.-P.C. Cgpltp! 0j$&iCr Office 21 Fax Street, PoU04Vp k, New York 17601 North country ods+ Pholm 014)2354050 phone'; (845)'454-3980 'Fax: (84S) 454-4016 Phan, (S 18)112-0513 Web:oraw wv�w.chr�hnooiea.com �)s �i(s SURVEY DESCRIPTION' SANITARY. SEWER EA►SNMENT THROUGH LANDS OP OAK STREET PROPERTIES, LLC ALL that plot, piece. or' parcel of land situate and being in the Town'of Wappinger, County of Dutchess and State of New York, bounded, and. described' as' follows: ''4BEGINNING at a point on the southerly terminus of Cayuga Drive, said point being the northweste rner o€ the herein described easement, said point being located �ww °04' " E 11919 at from the northwesterly corner of the lands now or formerly a tee pertiag, LLC as described in document #02-1958 page 303 thence along the southerly terminus of Cayuga Drive ° 4'90" F 3 to a point thence through the lands Of 0 k Street' Properties, LL ° 18" E 0. 2,Q5p�� 2'45" 88,18 feet o32' . " 6.18 fee 4066' S 4!S°00'0 6.61 feet, an03 0 °40 0i at to a poitn o the division line between the lands of Oak,Street Prope a the North and H srtland, LLC as described in docum 2-2002 page 120 the So h nce gaid �p vision '!i0" W 30.1 eet to p "nt t ° 0' .4 68.80 N 45T', 0" VWV 82.90 feet, .77 fes , ° 11 .43 feet, S 80.07 i"eet, and N W30'16" '77 t the nt or place of begin g. September 9, 2005� ✓ 1 4tiALbN JGl4tijr4rZMNU M jeAMLEVLi 0UXLV Z1 LAv r A— Cipaot Da -Mel viae 21 Fox Sweet. PoUhkeepie, :New York 1260) Monk Como 00a PWM (518) 23$40$0. Phom., (845) 04=3480 Fame (845) 454-406 Phoma: (5 11) 812.0519 '1Ve6: www.clusenoaidpadia.earn Oraw Com0> CCIat Now (W) 567.1133 SURVEY DESCRIPTION WATER EASEMENT ALL that plot, piece or parcel of land situate and being in the Town of Wappinger, County of Dutchess and Mate of New.York, bounded and described as follows: BEGINNING at a point on the westerly aide of U.S, Route 9 (S.H, #61154), said poi -at being the northeasterly corner of the herein described easement, amid pofnt being located S o1o4o'33" W 9.73 feet from the southeasterly corner of the lands now or formerly Oak Street Properties, LLC As described in document #02-1938 page 8038, thence along the westerly aide of U.B. Route if S 01040'33" W 20.01 eet to a point i e thence through the lards of Heartland, LLC as descrd in document #02-2002 page 12076, due West 17.59 feet; due Nortb 20,00 feet and due East 18.17 feet to the point or place of beginning. September 9, 2005 , 9o -a - ... •ext ss��inu sera aq�ao aaoz�ei-ams Cordal DftuYct n 21 Fez Street, Po4gbk�epsie, N'ew Yorl 12601 Nara Cow,eay offin MOM 1519)23S•8G30 Phone. (845) 454 1980 Fat: (845) 454-4026 alwr�a (516)t13-03f� Web: wwiv.6�Cw4mi"'COM Once GwPuy ice .. . p6m:1945j 367.1133 SURVEY DESCRIPTION WATER EASEXENT ALL that plot, piece or parcel of land situate and being in the Town of Wappinger, County of Dutchesis and State of New York, bounded" and described as follows; BEGINNING at a point on the westerly side of U.S, Route 9 (S.H. #61164), said point being the northeasterly corner of the herein described easement, said point being located S 00053'00" W 1.01.51 feet from the northeasterly corset of the lands now or formerly Oak Sta-eet Properties, LLC as described in document #02-1998 page 3038, thouce, along the westerly side of U.S. Route 8 S ooa63'00" W 20.00 eet to a point thence through the lands of Oak Street Properties, LC, due West 26.00 feet, due North 20.40 feet and "due East 25.31 feet to the point or place of beginning. September 9, 2006 y....,.�.,M�,...,,...T....,.. �..<... , 91:80 20oz-ZY-919 so•a •asi'SSW�ina stt's4 PAGGI, MARTIN & DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie, New York 1.2601 845-471-7898 845-471-0905(FAX� November 18, 2005 Planning Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Reference: Corporate Park Site Pian Dear Board Members: VIA FAX & MAIL: On November 10"', 2005 this office received Sheets 1 through 20 of the Corporate Park Site Plans, dated last revised November 2"d, 2005, as prepared. by M.A. Day Engineering. Subsequent to discussions with the Project Engineer, revisions were made to the Plans, and on November 18`", 2005 this office received Sheets 1, 5, 6 and 8 of the Site Plans, dated last revised November 16"', 2005. Please be advised that all outstanding engineering related concerns from our'Octobee 21st 2005 review letter have been addressed. We have reviewed the September 28th, 2005 Resolution of Site Development Plan Approval and would note the following: • a.9: The Zoning Administrator should verify that the Resolution has been signed. • a.2: The Town Tax Collector should verify that the taxes have been paid, • a.3: Satisfied. The Plans have been approved by the DCHD. • a.4: Satisfied. In his October 21st, 2005 Compliance Review tetter, the Town Planner indicated that this item has been satisfied. • a.5: The Photometric Plan is subject to the review and approval of the Town Planner • a.6: Satisfied. In his October 21St, 2005 Compliance Review tetter, the Town Planner indicated that this item has been satisfied • a.7: The Landscaping Plans are subject to the review and approval of the Town Planner • -a.8. the disposition. of the existing Town easement is subject to -the review and approval of the Towh Attorney. • a.9: The cross access easement is subject to the review and approval of the Town Attorney Joseph E. Paggi, Jr., P.E. Ernst Martin, Jr., EE., L.S. Charles R. Del Bene, Jr., P.E. • a.10: Satisfied All engineering related concerns have been satisfied. • a.11: The Town Planner should verify that this condition has been satisfied. • a. 12: The Town Planner should verify that this condition has been satisfied. • a. 13: The Town Planner should verify that this condition has been satisfied. • a. 14: Satisfied. The Applicant has added the requested note to Sheet 1. We would ask that, after all approvals have been finalized, that the Applicant provide this office with two (2) complete sets of the final Site Plans. These should be submitted before construction begins on the Site. Please feel free to contact this office if you have any questions regarding this matter. Thank you. Very truly yours, KIWAp'; 1� C/ / seph E. Paggi, Jr., P.E. JEPIPJP Cc: Hon. Joseph Ruggiero Hon. Chris Masterson Town Board: File Hon. Graham Foster Albert P. Roberts, Esq. Chris Holme Tatiana Lukianoff Mark Day, P.E. Kevin Lund Memo Ta Peter Marlow, P.E. Dutchess County Health Department cc: Hon. Joseph Ruggiero, Town Supervisor Mike Tremper Wappinger Planning Board Kevin Lund George Kolb, Building Inspector Craig Burke From: Joseph E. Paggi, Jr., P.E. Date: December 14, 2005 Rei Corporate Park:. NYS Route 9 Construction ComMiance: Water Main Installation Please accept this letter as verification of construction compliance for the installation of a portion of the Corporate Park water main. The Contractor has completed the section of 8" ductile iron water main from the connection point'at the Town system (at the south side of Old Hopewell Road) and running south along the westerly side of NYS Route 9 to the northeast comer of the Corporate Park parcel. All work was completed in conformance with approved plans, and was inspected by a representative of our office. Enclosed for your use are copies of the Pressure and Leakage Test, as well as satisfactory bacteriological test results. We are requesting permission from your office to put. this section of the water main into service. This would allow us to provide water service to Hark Plaza buildings I and II. If you need any further information, please do not hesitate to contact me. Thank you for your consideration in this matter. oseph E. Paggi, Jr., P.E. 0 Page 1 PRESSURE AND LEAKAGE TEST FORM &" DUCTILE IRON WATER MAIN PROJECT: CORPORATE PARK OFF SITE WATERLINE TOWN OF WAPPINGER ENGINEER: PAGGI, MARTIN & DEL BENE LLP 56 MAIN STREET POUGIIKEEPSIE, NEW YORK 12601 CONTRACTOR: BLACKTOP MAINTENANCE Date: Temperature: J'1a r Weather: 6/oma�- Test Location: 167 u -fin Test: Pressure:. MPSI NOTA': Add Water as Required to Maintain Within 5 PSI 15!5 ' GRp. A0ki /' MAINVALVES k= 6900? �9:Y6 4- 1,(.007500) L= S D Pl/s /-3.Z5,200 + # Valves x 0.0078 Gal/Hour/In 133,200 1., : A 74 L = Allowable Leakage, in gallon per hour S = Length of Pipe Tested, in Feet D = Nominal Diameter of Pipe, in inches P = Average Test Pressure (psi) D_7& Allowable Leakage = 2 (Main + Valves) e. sz Gallons (Over 2 Hours) TIME PRESSURE WATER ADDED g 1/6 / %P `Gr d ' /"(0 Co Amount of Leakage Observed TEST: y// PASSED DS FAILED Gallons / DATE: THE ABOVE DESCRIBED PRESSURE AND LEAKAGE TEST WAS CONDUCTED UNDER THE SUPERVISION AND/OR OBSERVATION OF THE UNDERSIGNED IN CONFORMANCE WITH AWWA C600-99: ENG]NEE SIGNED. DATE: ��-At,/ SIGNED: DATE: CONTRACTOR: 12. S'0� C ,�uto *C.l4m6 0.54"a L. FROM : Smith Lab PHOW NU_ : 845 229 6538 Dec. 11 2W5 02'.5ePM P3 TWO its Ift do mea -*wWWWW *A& dnaung water 4wvUros, bm rewift are euptessfA as C,*" r'o" Lhft Qwv' .9 -Rd bp: Anne 0- &**K tabw~y Ckwdgw. ELAP Lab W IM"24 900/eoo'd 8��9 TLSt8 80:9T SMITH LABORATORY ENVI AONM"UL Y 9STINO 4 SCENIC ORM & RT. 9 HYDE PARK, NEW YORK 12538 t845) 229-6536 1. CERTIFICATE OF ANALYSIS fr CliesM. BTM 27 Ccm"wft SWW p"9skftp* NY 12603 PO it Swq%Tyo; Water coot omien NOW. Town or wammm Water (carw ops�, ft 9, wapp. Order IM 44629 Order coffwvn*: sanwk c9pec"d 13jr. CAWSmM LW 04"aiwo swovie CoAcded" I zoo 100 Ddort"M so" Izem I&IS Rscei"4 by: jQrm s"vft ca"Mm Te" =12 C i. Swap* Logo"": m;xu pwa g- pftw MWdFC2--0.2 ppm Svmpk Now"ber. 76513 . palm/Tom Sample At MGM 16A9 Tech- I)AW pa"Und" 'rest ft w, UMS TWA M"?PO4 Tow clw9n At)PwA CV0100ML $M zo $m E C4 Ab%W CFUjj(&wL 3M 20 $w TWO its Ift do mea -*wWWWW *A& dnaung water 4wvUros, bm rewift are euptessfA as C,*" r'o" Lhft Qwv' .9 -Rd bp: Anne 0- &**K tabw~y Ckwdgw. ELAP Lab W IM"24 900/eoo'd 8��9 TLSt8 80:9T UU 4 �eKH: i?RtV� $ RT; 9 uuu HYDE PARD NEWYOiRK 12538 *6)2291-s CERTIFICATE OF ANALYSIS aip'� BTM 27 Cera M" P"Okop,%4 ! 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Steinhaus Counly F'Xecwi%c� December 21, 2005 Joseph Ruggiero, Supervisor Town of Wappinger 20 Middlebush Road Wappinger Falls, NY 12590 Re: Corporate Park Water Main (Portion) Town of Wappinger Dear Mr. Ruggiero: This is to advise that this department is in receipt of your engineers Construction Compliance Certification package for installation of a new public water supply main. This main is an 8 -inch ductile iron pipe running from the connection point at the town system at the south side of Old Hopewell Road heading south on the westerly side of Route 9 to the north corner of the Corporate Park parcel. Based upon Joseph E. Paggi, Jr's letter of December 13, 2005, this department has no objection to the immediate use of this water main. Should you have questions regarding this procedure please contact the writer at 486-3404. Mich.ad C. Caldwell, Very truly yours, e t M ";:Y P.E. I), mr,11 Conmiksion - 0 HII&E Division e— eter J. M 387 Main SLI-ect Senior Public Health Enginee Pon, L ic Environmental Health Services NO V YOM 12601 (845)486-3400 1 a-,(845)486-3447 cc: Joseph E. Paggi, Jr, P.E. Town of Wappinger B. I. Mark A. Day, P.E. File PWS 1302795 PAGGI, MARTIN & DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie, New York 12601 845-471-7898 845-471-0905 (FAX) August 15, 2005 Town Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Hon. Joseph Ruggiero Reference: Corporate Park Dear Joe: AUG 6 55 Visum �' C;=FiGE �jaWNoF \N APP R I am in receipt of part of the agreement between the Town of Wappinger and Corporate Park project. The extension of the water main and sanitary main will be constructed to Town Specifications and dedicated to the Town. As part of this, the Applicant is required to place an escrow account with the Town to provide for inspection services by the Town. To that end, I have asked Craig Burke of Blacktop Maintenance Corporation, the Contractor the Applicant has chosen for the Contract, to provide us with an estimate of time to complete the project. Mr. Burke estimates that construction of the water main and sewer main will take between 10 - 16 weeks depending upon work conditions, weather, etc. I have estimated that work will take 13 (thirteen) weeks. Providing an Inspector and supervision for that period of time is approximately $40,000.00. We would ask that this initial escrow account be placed with the Town. If in the event the thirteen week threshold is exceeded and/or additional supervising time is required due to discrepancies in the plans or unforeseen job conditions, then additional funds will need to be deposited with the Town as needed. In the event, if the Contractor completes his work in under thirteen weeks, the remaining escrow funds will be returned to the Applicant. 1 have taken the liberty of copying Al Roberts on this as he had drafted the original agreement. If there are any questions on the above, please do not hesitate to contact this office. Ver my yours, oseph E. Paggi, Jr., P. E. JEP, law cc: Albert P. Roberts. Joseph E. Paggi, Jr., P.E. Ernst Martin, Jr., P.E., L.S. Charles R. Del Bene, Jr., P.E. TOWN OF WAPPINGER PLANNING BOARD DISTRIBUTION Xxx SITE PLAN/ SPECIAL USE PERMIT SIGNED RESOLUTION & PLAN PROJECT TITLE: Corporate Park DATE PREPARED: January 5, 2006 RESOLUTION WITH APPROVED PLANS: • TOWN FILE • TOWN ENGINEER X BUILDING INSPECTOR —X FIRE INSPECTOR • HIGHWAY SUPERINTENDENT • APPLICANT CENTRAL HUDSON - Easement/Utility Page _X, TOWN CLERK (ORIGINAL) X RESOLUTION FILE X FIRE PREVENTION BUREAU • TOWN ATTORNEY • TOWN BOARD • TOWN SUPERVISOR • TOWN ASSESSOR • CAC X APPLICANT'S ENGINEER / ARCHITECT RECREATION DC DEPT. OF PLANNING DC DEPT, OF PUBLIC WORKS, (COUNTY ROAD) DEPT. OF TRANSPORTATION (STATE ROAD) VILLAGE OR TOWN -0