HomeMy WebLinkAboutPugliese, Ralph & Patricia ELIZABETH A. NEVILLE
TOWN CLEHK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF I~FORMATIO~,~ OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 766-1800
southoldt own.nor ~hfork.ne~
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
ON MARCH 9, 2004:
RESOLVED that thc Town Board o£ the Town of Southold hereby approves the request'of
applicants Ralph, an'd Patricia Pugliese to substitute a Certificate of Deposit in ti~e~amount
o£ $5,500.00 in lieu ora performance bond or letter of credit, relating IO applicants' minor
subd~wsion.
Elizabeth Ao Neville
Southold Town Clerk
THIS AGREEMENT made in the Town of Southold, Suffolk County, New York, on March 3,
2004~ between the TOWN OF SOUTHOLD, hereafter referred to as the "TOWN" a municipal
corporation located at 53095 Main Road, Southold, New York 11971, and RALPH PUGLIESE
and PATR[CIA P~UGLIESE, hereafter referred to as '~PUGLIESE'; resid/ng at, 2705 Bridge
Lane, Cutchogue,~New York 11935.
WHEREAS, PUGLIESE is the owner of certain real property situated in the Town of Southold,
Silf£olk Coumy, New York, more particularly described as Suffolk County Tax Map number
1000-97-1-12,6, ~'2.7 and 12.10, and
~WttEREAS, £or a]ad m consideration o£the granting of subdivismn approval enttfled ~Minor
Subd/v/s~on of R~iph and Patri¢ia Pugliese" by Resolution dated January 12, 2004, and as a
condition o£~ran~g said approval, the Town ofSoathold Plarming Board required submission
of a bolrd, letter df Cre~ti/, or its eqffivalent in the mount of $5,500.00, with acceptance of same
by the Town Bo~ .to. g~antee the constmcfi6n and/or installation of certain knprovements,
inclu'~ling roads; ~itl~ the subject subdivision, and
WHEREAS, in ac}9ordance wSth said requirement PUGLIESE deposited a CerthScate of Deposit
#1130030974 in ~ Office o£the Town Clerk on March 3, 2004 in the amount of $5,500.00, and
WHEREAS, the Town Board of the Town of Southold by Resolution adopted on July 30, 1991,
RESOLVED that; effective ~mmethate!y, passbooks shall not be accepted as a performance
bond for any reas6n whatsoever; the Town of Southold will only accept cash, Letters of Credit,
or Performance Bbnds from a recognized bonding company:, and
WHEREAS, the p~arties herein have had further discussion concerning the acceptance of said
Certificate of Depbsit, and the Planning Board has requested, by memo from Jerilyn Woodhouse,
Chairperson, dated March 8, 2004 to the Town Attorney, that an exception be made due ro the
fact that the applicant has sold development rights upon the property and it would be in the best
interest of the parties to accept said Certificate o£Deposit together with the within agreement.
NOW, THEREFORE, it is mutually agreed as follo~vs:
THE TOWN BOARD accepts Certificate of Deposit # 1130030974 deposited
with the office of the Town Clerk on March 3, 2004 as a guarantee that the
req. uired improvements will be made.
THE TOWN BOARD acknowledges that any interest earned in said Certificate of
Deposit shall remain the property of PUGLIESE and that PUGLIESE shall be
entiiled to receipt of said interest without further notice of the TOWN BOARD.
Th~tt PUGLIESE acknowledges and agrees that certain improvements are to be
maple by PUGLIESE in accordance with final subdivision approval granted on
January 13, 2004.
As a guarantee that the improvements be made as set forth in said bond estimate
of,$5,500.00, the Certificate of Deposit shall remain at the office of the Town
Clerk of the Town of Southold and if PUGLIESE shall can~ out all the terms of
sa~d bond estimate, this Agreement shall become null and void, that PUGL1ESE
shall be entitled to receive the Cerfificateo£Deposit fi.om the Town Clerk.
otl}erwise said Agreement shall remain in full force and e~fect.
That in the event the improvements are made and it should be determined by the
Town of Southold'that said improvements are not in accordance with the
smn~,d~.ds adopted by the Town of Southold, or ffthe imp~rovemems are not made,
THE TOWN BO ~g:RD~ after publi~ notice and notice tO PUGLIESE by certified,
return receipt mail, at their ad&eSs sec forth in tb/s A~reement shall he entitled to
use the principal of'said Certificate of Deposit or a portion thereof in order to
carry out saRI pnbh,c improvements:
No other parry other than THE TOWN BOARD shall have any rights hereunder
as against PUGLIESE.
The aggregate liability of PUGL1ESE shall not exceed the sum of $5,500.00 for
any cause or reason whatsoever.
That PUGLIESE shall be entitled to &aw interest ar anytime without notice to the
Town Board, but at no time shall PUGLIESE with&aw principal from Certificate
of Deposit # 1130030974 except as provided for in paragraph 4 above.
That the parties herein agree that a copy of this Agreement shall be provided to
theBank. That the parties agree further that upon notice to the TOWN,
PU. GLIESE shall have the right, from t/me to time, to transfer said account to the
bank of their choice.
SOUTHOLD TOWN BOARD,
BY:~~~. Or
Ra~ et~}lies~
Patricia Pu~e
STATE OF NEW YORK )
) ss.:
.COUNTY OF SUFFOLK )
On the /t9 day bfMarch, ¢10~0~ ~e~dhe undersigned, a notary public in and for said
State, personally ~pPeared ~K~"(It~O~ 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
/nstrmnent and acknowledged to me that he executed the same in his capacity, and that by his
signature on the instrument, the individual, or the perso.n upon behalf of which the individual
acted, executed tl/e instrument.
STATE OF NEW YORK /
) SS.:
COUNTY OF SUFFOLK )
On the ,~) day of March, 2004, before me,
the undersigned, a notary public in and for said
State, persOnally appeared Ralph Pugliese and Patricia Pugliese, personally known to me or
proved to me on the basis of satisfactory evidence to be the individuals whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in their
capacities, and that by their signatures on the instrument, the individual, or the person upon
behalf of which the individuals acted, executed the instrument.
Certificate
of Deposit