2003-10-23
GERALD A. VERGILIS*
KENNETH M. STENGER
ALBERI' P. ROBERTS
LOUIS J. VIGLOTI'I
JOAN F. GARRETT**
THOMAS R. DAVIS
EMANUEL F. SARIS
VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP
ATIORNEYS AND COUNSELORS AT LAW
1136 ROUI'E 9
WAPPINGERS FALLS, NEW YORK 12590
(845) 298-2000
FAX (845) 298-2842
OF COUNSEL:
IRA A. PERGAMENT
LEGAL ASSISTANT:
AMY E. DECARLO
e-mail: VSRPoBestWeb.net
POUGHKEEPSIE OFFICE
276 MAIN MALL
POUGHKEEPSIE. NY 12601
(845) 452-1046
KAREN P. MACNISH
KEVIN T. McDERMaIT
STEVEN K. PATIERSON
JAY B. RENFRO
.ADMllTIlD TO PRACI1CB
IN NY 4: FLA.
..ADMllTIlD TO PRACTICE
IN NY 4: CONN.
PINE PLAINS OFFICE
2990 CHURCH ST.
P.O. BOX 21
PINE PLAINS. NY 12567
(518) 398-9857
ADDRESS REPLY TO: ( ) POUGHKEEPSIE
( ) WAPPlNGERS
( ) PINE PLAINS
VIA HAND DELIVERY
October 23,2003
Attention:
Hon. Joseph Ruggiero, Supervisor
RECE\\JE.O
OC1 1. ~ i..~:~~3
,OWN CLE.RI~
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Re: Carmel Heights Subdivision
Acceptance of Roads, Easements, Utilities and Other Improvements together with
Performance and Maintenance Agreements
File No. 12949.0380
Dear Joe:
In connection with the above matter, please be advised that I have examined a
Maintenance Agreement secured by Letter of Credit executed by Z&M Development
Corp. on October 8, 2003 and secured by Letter of Credit issued by the Bank of New
York bearing number S00048665 and find the same acceptable as to form. This
Maintenance Agreement is to guarantee that the roads, easements, utilities and other
improvements made in connection with the Subdivision will be free from defects in
materials and workmanship for a period of one year after acceptance by the Town.
I have also examined the Performance Agreement secured by Letter of Credit executed
by Z&M Development Corp. on October 8, 2003, personally guaranteed by Zvi Segal,
and secured by Letter of Credit issued by the Bank of New York bearing number
S00048666 in the sum of$35,000 and I find the same acceptable as to form. The
0:\ Wappinger\PlanningBoard\CanneIHgts\ I 02203-tb.doc
Performance Agreement is to guarantee the construction of a detention pond to be
completed prior to July 2004.
This opinion letter is given in connection with the acceptance of the roads, easements,
utilities and other improvements to be undertaken by the Town Board at its meeting on
October 27,2003.
Very truly yours,
VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP
~.ROBERTS
APR/bg
cc: Hon. Gloria Morse, Town Clerk
Town Board File
Planning Board
Hon. Graham Foster, Highway Superintendent
Joseph E. Paggi, Jr., P.E.
Tatiana Lukianoff, Zoning Administrator
Carl S. Wolfson, Esq.
0:\ Wappinger\PlanningBoard\CarmelHg+.s\ I 02203-tb.doc
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MAINTENANCE AGREEMENT SECURED
BY SURETY BOND OR LETTER OF CREDIT
WHEREAS, the undersigned
~7'H
"[) EVtE. (,0 P,.." tEAl,' Co I( P
,
with offices at or residing at I z. P i-A ~ It R I)
W/rpp/tJCr€/2-s Fl\ LCS- IVY/ZSG
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nas now completed the roads and other public improvements in connection with
CA IC.M~ L 14.f Ie,. H T5 Subdivision which are ready to be dedicated and accepted by the
Town of Wappinger, and pursuant to the Subdivision Regulations of the Town of
Wappinger is required to guarantee the quality and workmanship of said roads and pubnc
improvements within the subdivision for one year after the date of acceptance by the
Town Board, and
WHEREAS, to secure the obligation to guarantee said roads and public
Le:-rrEtaOF C.~I'"
improvements, the undersigned has obtained a Sl.lfity ieRd issued by
€> A~ \( OF ~t0 V o2.~ MAe number SO coo?/ ~ G~ ~
NOW, THEREFORE, the undersigned, as principal, guarantees that the quality
and workmanship of the roads and other public improvements and will maintain and
repair all roads and other public improvements within the subdivision known as
C A,e. 1""1 E L H "E ;41.ri!Jiled in the Dutchess County Clerk's Office on the J!L day
of MA'I I~ I>, as map number &,fv {J and that the undersigned will guarantee,
maintain and repair same in accordance with the ordinances, local laws, rules, regulations
and code of the Town of Wappinger for one yea'r from the date of acceptance of said road
by the Town Board of the Town of Wappinger.
As security for this obligation, I hereby deliver to the Town of Wappinger the
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LE-rTE~ &F C~Pfl
following security for the faithful performance of this obligation: a su~ty BJlld issued by
6A1J j( t) F Nevil Yo tV- J ~ number Soac'l8 6'Jfi favor of the Town of Wappinger
I which bond is attached hereto, and the undersigned consents to the terms thereof as
security for this obligation.
The undersigned understands that if the security posted hereunder lapses or
expires for any reason, then this bond will be in default and lots within the subdivision will
no longer be eligible for building permits until new and sufficient security i
DATED:
/0/8/03
STATE OF NEW YORK )
)ss:
COUNTY OF DUTCHESS )
~
On ()9C. ~,ttoo j , 1999, before me, the undersigned, personally appeared"
'2.GI: ~~~~ e. personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual( s), or the person upon behalf of which the individual(s) actet::)xec~ted the
instrument. . ~ ~
. Notary Public
CLAUD~"~; 3~~~'~iJ" .',
N~~~'t;[:;.~t~::)::?::~ 't.:.,
QL!alh1ed ir: C:.i :::::;:." . .. :C:::' J
My Co;nr'11t,::c" ''''::'":0:: . ml/~OO(j
~
10/17/02
PERFORMANCE AGREEl\1ENT
SECURED BY A LEtTER OF CREDIT
. r<l tv1 j) eVeLo PHEAJi CtJ12.P'j
WHEREAS, the undersigned, (r.n"7'nrn.tin71 n1" "wd7'lp.~.~ 7'ln~~J, by (i7'ldividl.lnl.), ~(/ I 5 E (j-A
Pr~sident, with an ~ddress of:
l'2.. P l A1::/+ R..D ..
uJ APP (kJ C-r-EI2-s. FA L( 5
J..j V ,2- S C5:j 0
has made application to the Planning Boar4 oitbe Town of Wappinger to approve a subdivision
of lands more particularly described in a subdivision map entitled C A t<..Ht--L ./-{ E I Gt- H. TS.
prepared by RlL H Af.D ~M~ ~~ '9/ 'L- 'f / f>; Isst revised -.~ '- -: ~~ - .
and
WHEREAS, the Planning Board granted finaIconditioIlal subdivision approval, by
Resolution "dated ~ /2-1 / '33 . sUbject to certain public improvements being made and
. .
constmcted and subject to completion of the requirell':ents set forth in the Town Subdivision
. - ..-.~~.-:,-...
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Regu1ati~ns, Highway'Specifications and Zoning Law, and further subject to the requirements set
. forth in the letter of . Engineer to the TOWn, dated . fl tJ
. . POND DE.5/4-JJ reA
:~:':.:'.. ~:w.~~h improvements are depicted in a set of.construction documents dated C A TEp " "2.g /0'
...:.....'~>.::...:~~p. tJ,b D.E.~i~,.J CALLULATIONS "Stt.E;.E-TS 1-8 DATED 1i/'2'-'/c
and. ,:,.0 _ _ p '" g i TAC ON i,- 'D c Si 4 A..i.
"BoTH bo'-ul-1e.J-i I S R4:.PAeE..,-: COJJSulTAAih
WHEREAS, Town Law Section 277 requires that the developer guarantee the
. construction, installation and dedication oithe required public improvements and obligations
prior~o issuance of any building permits; and
o:\W APPINGE\PerformAgt-LetterCrldlt.DOC
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(OPTIONAL P ARAGF0PH - use when applicant is corporation)
WHEREAS, to secure the obligation to guarantee the construction, installation and
"eil l Sl:4-AL-.
dedication of the required public improvements and obligations, (in.divid11nl), a principal officer
and shareholder ofllie undersigned has further agreed to pers?nally guarantee the obligations set
forth m: this performance .agreement.
Cf M 'DEvEL,oPMEIJT CDR P
NOW, THEREFORE, the undersigned (r.nrpnorntim! nor "u..~inp..v..~ nl17H~) hereby agrees
to the following:
1. To make, construct,. complete the improvements, and agree to perform all of the
obligations set forth in ~e Subdivision Regulations, Highway Specifications and Zoning Law of
......:..."'- -.
the Town of Wappinger, including road maintenance and snow removal in accorelance with the
sta:ndar~ maintained ~y the Town of Wappinger Highway Department and at the direction of the
Town of Wappinger Highway Superintenden~ in accordance with the Resolution of Subdivision
Approval dated . the letter of the Engineer to the Town dated
. . 1112/,101 .
. the approved constrUction documents dated ~ and in
accordance With the.Local Laws~ Ordinances, Rules and Regulations of the Town of Wappinger,
-.
within two (2). years from the date hereof.
2.
Upon construction and completion of the required improvements and obligations
t.
set forth above, and upon request of the Town, the undersigned will dedicate same to the Town,
. free and clear of any li~ or obligations as set forth in the Local Laws, Ordinances, Rules and
Regulations ofllie Town of Wappinger.
3, As security for this obligation, including sums sufficient to pay for attorneys' or
consultants' fees in the. event the undersigned defaults hereunder, the undersigned will hereby
O:\WAPPINGE\PerformAQt-LetterCredlt,DOC
2
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deliver to the Town of Wappinger the following security for the faithful performance of the
obligations the undersigned has undertaken herein: an Irrevocable Letter of Credit issued by ,
B A-N K 0 F tJ EW Yc.l((..~, in the sum of$
,3s, 000 ~'i."O
I which
Irrevocable Letter of Credit is attached hereto, and the undersigned hereby consents to the terms
thereof as security for this obligation. ,
=t~H t>E.VfLoI'r1ENT CoR...p , ,
4. The said (r.nrpnrntin1'l. nr hl.J..~i1'l.p.~,~ 1'I.nm~) further binds his/her, their, its heirs,
executors,administrators, successors or assigns for the faithful performance of this obligation.
, (OPTIONAL PARAGRAPH FOR CORPORATION)
. ~. SES-A i-
s. .' As additional security for this obligation, (i71.dividunQ, an officer and shareholder
::t:; M Dcvflo PM€rJ-r-: cq~ p. ' .' _=---__ ~~-.-
of (rm1'n.,.ntiml nr hu~i1'l.p..~,~ 1'I.nm~), :further JOms m the execution of this document for the sole
purpose of guaranteeing the faithful perfonnance of the obligations created hereunder.
6; Th,e tlIldersigned further aclmowledges that if any default remains in the
performance of the obligations created hereunder, th~ lots within the subdivision ~ no longer, ~.
be eligible for building permits until such defaults are cured. ,
Dated:
t
By:
~/ S.tEC$-AL
O:IWAPPINGE\PlrformAgt-Lltt8rCredlt.ooc
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ArKNOWT,RnQMF,NT
STATE OF NEW YORK )
) sS.:
COUNTY OF DUTCHESS )
~
On OQ" g ,too), 2002, before me, the l.mdersigned, personally appeared
2~v: ['ee-A-,- perso~y 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 hislher capacity, and that by bislher signature
on the instrument, the individual, or the person upon behalf of which the individual acted, executed
the instrument.
~~L
Notary Public 1,"'",,"',''''''-''h'l
c~v..., ", ~~I"'U ..~.. ~
Reg. No. .t913-:;':':
Notary p,,'.ll~ Stab ,;: ,..:w vor:c It
QUsl!r.;;:...;'butc~:::.;:1 '~'f;nlt') I 't<<)(
~oAy Cornmiso:,,-:-:'i ~~'iO:'; - ..1H4I." ~" ~ .~ _
STATEOFNEWYORK. )
) SS.:
COUNTY OF DUTCHESS- )
"-.::;..',,- -
On , 2002, before me, th~ undersigned, personally appeared
p~ona11y'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 tbat he/she executed the same in hislher capacity, and that by his/her signature
on t1ie In.struinent, the individual, or the person upon behalf of which the individual acted, exectIted
the instrument
f,
- NoUlry Public
O:IWAPPfNGE\PerformAgt-LetterCredlt.OOC .
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bUR REF. NO.
500048666
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1IP.'"',............:....,...."Jji~..,,i..~.".I~ .~ ,IW 'I'Il_
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OUR LETTER OF CREDIT 500048666
Z&M DEVELOPMENT CORP.
J)' THE PERFORMANCE, SF
'THIS LETTER OF CREDIT