Temporary Construction Easement
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--0 ORIGINAL ~
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RECEIVED
MAR - 4 2010
PLANNING DEPARTME
Temporary Construction Easement TOWN OF WAPP'NGE~T
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This indenture, made this ~ (lay of A\lgttSt, 2009, between Michael Ostrow,
Andrew Santandra and Richard Verrilli d/b/a MDA Associates, with offices located at
134 Old Post Road, Wappingers Falls, NY 12590, (hereinafter referred to as "Grantors")
and Adams-Wappinger, LLC, with offices located at 765 Dutchess Turnpike,
Poughkeepsie, NY 12603, (hereinafter referred to as "Grantee").
WITNESS
WHEREAS, Grantor is the owner of real property located at 1'34 Old Post Road, in
the Town of Wappinger; and
WHEREAS, Grantee is in the process of obtaining approval to construct a food
market and garden center on the premises adjacent to the property; and
WHEREAS, pursuant to the site plan application of the Grantee, it is necessary for
the Grantee, its agents and contractors to come onto the property of the Grantor and to
modify the grading contour of the Grantor's property in accordance to the Plan attached
hereto as Exhibit "A"; and
WHEREAS, the Grantors have agreed to permit the Grantee, its agents or
contractors, to enter on the land of the Grantors, within the limits of the Plan attached
hereto, with the necessary construction machinery, and to perform the necessary grading
as set forth in the Plan.
NOW, THEREFORE, in consideration of Ten ($10.00) Dollars, and in accordance
with the agreements and conditions hereinafter listed, it is agreed as follows:
1. The Grantee, its agents and contractors, shall have the right of entry to that
portion of the premises of the Grantor's as set forth on the attached plan to complete re-
grading of the Grantor's property all in accordance with the Plan which Plan maybe
modified in accordance with the instruction of the Town of Wappinger, however in the
event the modifications to the Plan have substantially increased the scope of the grading
or the area to be graded, the Grantee shall obtain the further written consent of the
Grantor.
2. Upon completion of the grading of the property, the Grantee agrees to
restore to the disturbed portion of the Grantors property similar vegetation cover as
existed prior to the Grantee's entrance onto the Grantor's property. -
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3. The Grantee shall hold the Grantors harmless for any accidents or injuries
caused by the operations of the Grantee during the term of this easement and the Grantee
will provide the certificate of insurance naming the Grantors as additional insured in the
amount of One Million ($1,000,000.00) Dollars.
4. No entry to this temporary easement is authorized by this agreement over
any other lands of the Grantor except as is necessary to fulfill the Plan.
5. The Grantee hereby represents that there will be no bla;sting associated with
the grading of the Grantor's property without written notification being given to the
Grantor at least fourteen (14) calendar days prior to the commencement of any blasting.
6. Any notice required or permitted to be given under this agreement shall be
sufficient in writing and if sent by registered or certified mail to the address set forth
above or any future address as provided by the party.
7. This instrument contains the entire agreement of the parties. It may not be
changed orally but only by an agreement in writing signed by the party or parties against
whom enforcement of any waiver, change, modification, extension or discharge is sought.
8. This agreement shall be governed by and construed in accordance to the
laws of the State of New York. Any actions or legal proceedings arising out of this
agreement shall be venued in Dutchess County, New York.
9. This agreement shall be binding upon and inure to the benefit of the
successors and assigns of the Grantor and the heirs, representatives and assigns of the
Grantee.
10. The Grantee shall have the right to assign this agreement to an entity
created by the stockholders of the Grantee to be the landowner of the premises upon
which the market and garden center will be erected, however such assignment shall not
release the Grantee of the liabilities set forth herein.
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IN WITNESS HEREOF, the parties hereto have exec eement on the
date and year first written above. .4 ./~ .' .
Michael Ostrow
Amlrew=SmltsB6Ta
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By:
~A-TR.\~K-
STATE OF ~\ ..If(yt Ie-) HotaryPu~~~Vork
~~-). _ _ )ss: No.01WH6049068
COUNTY OF ~) Com==~.jl)
On the \~"\iday of2~~e year 2009, before me, the undersigned, personally appeared
MICHAEL OSTROW, 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
i ment.
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COUNTY OF
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)SS:
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On the _ day of Aug t in the year 2009, before me, the undersigned, personally appeared
ANDREW SANT ANDRA, P onally known to me or proved to me on the basis of satisfactory
evidence to be the individual who name is subscribed to the within instrument and
acknowledged to me that he execute same in his capacity, and that by his signature on the
instrument, the individual, or the person up behalf of which the individual acted, executed the
instrument.
Notary Public
STA
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)ss:
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in the year 2009, before me, the undersigned, personally appeared
RICHARD VERRILLI, person known to me or proved to me on the basis of satisfactory
evidence to be the individual whose me is subscribed to the within instrument and
acknowledged to me that he executed tame in his capacity, and that by his signature on the
instrument, the individual, or the person up behalf of which the individual acted, executed the
instrument.
Notary Public
STATE OF NEW YORK )
)ss:
COUNTY OF DUTCHESS )
On the \ ,,~ day of 2*t~ year 2009, before me, the undersigned, personally appeared
fATe\C\(_PONALB ADAMS, 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.
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Notary Public
F:\USER\c1ientslAlAdams Fairacre- T- Wappinger\Mercedes Grading Easernent\Construction Easement A- W 08-12-09.wpd
LEAH M. BERNARD
NOTARY PUBLIC-STATE OF NEW YORK
No.01BE6154727
QUalified In Dutchess County
My Commission Expires October 23, 20J1>