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HomeMy WebLinkAboutArbeeny, Henry 8enry Arbeeny P.O. Box 1199 Southhold, NY 11971 April 4, 1989 Town Board of the Town of $outhhold Town Hall, Box 53095 Main Road P.O. Box 1179 Southhold, NY 11971 Subject: Letter of Guarantee Gentlepersons: I, Henry Arbeeny, direct Inc. at 5 World Trade Center, my 'broker, Dean Witter Reynolds New York Office, to set aside and segregate securities and monies in my account (601-079755) in the amount of Fifty Thousand ($50,000) Dollars as a substitute for a bond in favor of the Town of Southhold, New York. The resolution of the Town Board dated February 9, 1989 is attached and incorporated herein to reflect the purpose of the bond and the nature of the activities which make the bond necessary. I represent that my account is not subject to any prior lien or claim and that in the event any additional lien or claim is asserted, I acknowledge my obligation to promptly notify the Town Board in writing. This guarantee shall survive my death or disability and shall bind my personal ~epresentative, guardian agents, assigns and heirs. -2- In the event of a claim by the Town of Southhold against me in this matter, I authorize and direct Dean Witter Reynolds Inc. to follow any written instruction with respect to my account for a value of up to Fifty Thousand ($50,000) Dollars without further authorization from me. I agree to hold Dean Witter Reynolds Inc. harmless in this connection for any act or failure to act except for fraud or gross negligence. The value of my account at Dean Witter Reynolds Inc. exceeds the amount of the guarantee. In the event that the net value of my account is reduced by market action or withdrawal by me, directly or indirectly, to a net value of $250,000, I will take immediate steps to obtain a conventional bond or deliver monies or securities in the amount of $50,000 to an agent of the Town of Southhold or effect whatever different or additional adjustment as directed by the Town Board. Dean Witter Reynolds Inc. agrees facilitate the implementation of the the Town Board. Dean Witter Reynolds Inc. reflect this guarantee on its books and records to notify the Town Board in the event that to cooperate with and to letter of guarantee with also agrees to and undertakes the value of the -3- account goes to or below $250,000 or another lien or claim is asserted against the account. ~enry Arbeeny A~d~o on the date first written and accepted by: DEAN WlTTER R~YNOLDS INC. by: Joseph B~anno ~ior V~ident and Manager DEA~ITT~'~YNOLDS INC. b~/James Romanelli / Vi~ President and Account Executive JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York ! 1971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 6, 1990: RESOLVED that the Town Board of the Town of Southold hereby accepts the $50,000.00 Letter of Guarantee submitted by Henry Arbeeny as a bond for roads and improvements in his subdivision at Kenny's Road, $outhold, all in accordance with the Town Board's resolution of February 7, 1989 approving the amount of $48,262.00 for the bond, as recommended by the Southold town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. February 9, 1990 Henry Arbeeny P.O. Box 1199 Southhold, NY 11971 April 4, 1989 Town Board of the Town of Southhold Town Hall, Box 53095 Main Road P.O. Box 1179 Southhold, NY 11971 Subject: ' Letter of Guarantee Gentlepersons: I, Henry Arbeeny, direct Inc. at 5 World Trade Center, my 'broker, Dean Witter Reynolds New York Office, to set aside and segregate securities and monies in my account (601-079755) in the amount of Fifty Thousand ($50,000) Dollars as a substitute for a bond in favor of the Town of Southhold, New York. The resolution of the Town Board dated February 9, 1989 is attached and incorporated herein to reflect the purpose of the bond and the nature of the activities which make the bond necessary. I represent that my account is not subjeu~ to any prior lien or claim and that in the event any additional lien or claim is asserted, I acknowledge my obligation to promptly notify the Town Board in writing. This guarantee shall survive my death or disability and shall bind my personal ~epresentative, guardian agents, assigns and heirs. -2- In the event of a claim by the Town of Southhold against me in this matter, I authorize and direct Dean Witter Reynolds Inc. to follow any written instruction with respect to my account for a value of up to Fifty Thousand ($50,000) Dollars without further authorization from me. I agree to hold Dean Witter Reynolds Inc. harmless in this connection for any act or failure to act except for fraud or gross negligence. The value of my account at Dean Witter Reynolds Inc. exceeds the amount of the guarantee. In the event that the net value of my account is reduced by market action or withdrawal by me, directly or indirectly, to a net value of $250,000, I will take immediate steps to obtain a conventional bond or deliver monies or securities in the amount of $50,000 to an agent of the Town of Southhold or effect whatever different or additional adjustment as directed by the Town Board. Dean Witter Reynolds Inc. agrees to cooperate with and to facilitate the implementation of the letter of guarantee with the Town Board. Dean Witter Reynolds Inc. also agrees to reflect this guarantee on its books and records and undertakes to notify the Town Board in the event that the value of the account goes to or below $250,000 or another lien or claim is asserted against the account. Henry A~beeny -- A~on the date first written and accepted by: b~/ VicJameeSprReO~eenltliand Account Executive Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED Judith T. Terry Southold Town Clerk Southold, New York 11971 February 1, 1990 1990 RE: Subdivision for Henry Arbeeny Kenny's Road, Southold SCTM9 1000-59-7-31 Dear Mrs. Terry, The Planning Board closed the final hearing for the above mentioned subdivision on January 18, 1990. The Board will be making a final determination on the subdivision proposal at the next Planning Board meeting on February 13, 1990. At this time all is in order for the Town Board to accept the Letter of Credit in the amount of $50,000.00. The Planning Board, on February 6, 1989, recommended that the Town Board accept the bond estimate for $48,262.00. The Town Board approved the bond estimate on February 7, 1989. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman ms Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD APR '1989 TO: FROM: DATE: RE: Francis J. Murphy, Supervisor, Members of the Town Board Bennett Orlowski, Jr., April 24, 1989 Resolution Number 15: Arbeeny subdivision. Chairman Letter of Guarantee for Henry Please be advised that the Subdivision for Henry Arbeeny has been found to be in violation of the required lot areas for the Limited Business zone. The lots are shown as being between 20,000 and 30,000 square feet apiece. The LB district requires 80,000 square feet per lot. The applicant will have to revise his map and request a variance from the Zoning Board of Appeals for one lot between 79,000 and 80,000 square feet in area. While it is not felt that the revision will result in a change in the bond estimate, the Town Engineer is being asked to review this estimate again to be certain all is in order. RECEIVED April 12, 1989 Southold Town Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 Att: Judith T. Terry Southold Town Clerk Re: subdivision for Henry Arbeeny SCTM #1000-59-7-31 Dear Mrs. Terry: In accordance with the Town Board's resolution of February 7, 1989, and subsequent correspondence of February 22, 1989 (copies enclosed) we enclose herewith Letter of Guarantee in the amount of $50,000.00. Please promptly notify the Town Planning Board of this submission. Thank you for your cooperation. Bruer cc: Mr. Henry Arbeeny Southold Town Planning Board APR 2 1989 April 12, 1989 Southold Town Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 Att: Judith T. Terry Southold Town Clerk Re: Subdivision for Henry Arbeeny SCTM #1000-59-7-31 Dear Mrs. Terry: In accordance with the Town Board's resolution of February 7, 1989, and subsequent correspondence of February 22, 1989 (copies enclosed) we enclose herewith Letter of Guarantee in the amount of $50,000.00. Please promptly notify the Town Planning Board of this submission. Thank you for your cooperation. cc: Mr. Henry Arbeeny Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 22, 1989 Rudolph Bruer P.O. Box 1466 Southold, NY 11971 RE: Henry Arbeeny SCTM 91000-59-7-31 Dear Mr. Bruer: Enclosed please find a copy of the resolution, dated February 7, 1989, from the Town Board approving the bond estimate in the amount of $48,262.00. Please submit the original letter of Credit (or the equivalent) to the Town Clerk. The Town Clerk will notify the Planning Board of this submission at which time the Planning Board will proceed with its review. If you have any questions, please do not hesitate to contact this office. ruly yours, BENNETT ORLOWSKI ,JR. CHAIRMAN enc. JUDITH T. TERRY TOV~q CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1 179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 7, 1989: RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $48,262.00 for a bond for roads and improvements in the subdivision of Henry Arbeeny, Kenny's Road, Southold, New York, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. Judith T. Terry Southold Town Cle61~ February 9, 1989 Toxvn Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE ($16) 765-1938 RECEIVED FEB ? 1989 PLANNING BOARD OFFICE TOWN OFSOUTHOLD February 7, 1989 Judith Terry Town Clerk Southold, NY 11971 RE: Henry Arbeeny SCTM 91000-59-7-31 Dear Mrs. Terry: The following action was taken by the Southold Town Planning Board on Monday, February 6, 1989. RESOLVED that the Southold Town Planning Board recommend to Lhe Town Board to accept the bond estimate, dated as amended ,January 27, 1989, in the amount of $48,262.00. If you have any questions, please do not hesitate to contact this office. enc. cc: Rudolph Bruer jt Dece~,r 21, 1988 Revised:'~nuary 27, 1989 REVISED BOND ESTIMATE FOR HENRY ARBEENY SOUTHOLD, TOWN OF SOUTHOLD, N.Y. S.C.T.M. 1000-059-07-31 IMPROVEMENTS ON KENNY'S ROAD ITEM 2. 3. 4. o 10. 11. 14. 15. UNIT DESCRIPTION QUANTITY PRICE Unclassified Excavation 42 c.y. 6.00 Saw Cut 571 1.f. 2.00 F & I Catch Basins 1 ea. 3,500.00 F & I 8' Diameter x 12' Deep Leaching basins 2 ea. 3,000.00 F & I 18" R.C.P. 24 1.f. 30.00 Fine Grade 190 s.y. 1.50 Dense Graded Aggregate Base - 4" Thick 21 c.y. 40.00 Bituminous Pavement (Binder & Top Courses) Total 4" Thick 42 Tons 70,00 Bituminous Curb 530 1.f. 4.00 Bituminous Driveway Aprons 38 s.y. 25.00 Topsoil & Seed 640 s.y. 5.00 Street Lights 1 ea. 2,000.00 Direct Buried Cable 200 l.f. 2.00 Planting Street Trees 13 ea. 200.00 Maintenance and Protection AMOUNT 252.00 1,142.00 3,500.00 6,000.00 720.00 285.00 840.00 2,940.00 2,120.00 950.00 3,200.00 2,000.00 400.00 2,600.00 December 14, 1988 Southold Town Planning Board Town Hall 53095 Main Road ~o~h~ld, ~ew v^~.- Att: Bennett Orlowski, Chairman Re: Subdivision for Henry Arbeeny Kenney's Road, Southold, NY SCTM #1000-059-07-31 Dear Mr. Orlowski: In accordance with the instructions of the Planning Board at their December 5, 1988 meeting, we enclose herewith a revised bond estimate for the above application, prepared by Lawrence M. Tutbill, P.E. It appears that, as suggested by the Planning Board, Mr. Tuthill has successfully eliminated the extraneous items from the Town engineer's estimate and has realistically provided for the required improvements t.) this subdivision. With the Board's approval, we ask that this bond estimate be promptly forwarded to the Town Board for their consideration. Sincerely, Rudolph H. Bruer RHB/df Enc. cc: Southold Town Board Mr. Henry Arbeeny LAWRENCE M. TUTHILL PROFESSIONAL ENGINEER 1215 iNLET LANE GREENPORT. N.Y. 11944 (516) 477~1652 De&ember 5. 1988 Mr. Bea~ett O~lowak2. Ch~a~ Sowthol~ Pla~mlag Boax~ Maim Roa~ ~ithol~. ]~/ 11~21 Ceatlemea~ Re~ A~beeay Sab~lvieloa T~ &eeo~&~ee wl%h the ~eqaeet of the membex~ of the pl&~ia~ boax~ . with refer&aec to the Arbe*ay Sab~lvtaloa. I here~ at~aeh a reeabait~l of the ~a~ eati~te ~ the aaae fo~t aa ~he p~vlo,e ~a6 e~ti~te a~bmitt~ ~o%he So~%ho16 To~ ~ aid ~ 6~vea %o ~. ~e~y A revie~ %o ~he files &ad pl~ of give a~ ere~eaee to Iteaa Noa 1 15 a~ ao%e~ ~a %he ~31'evio.e e~%i~e S2aee~ely~ LAWRENCE M. TUTHILL PROFESSIONAL ENGINEE 1215 INLET LANE GREENPORT, N.Y. 11944 1516) 477-1652 Deaerlp~oa Leaehiag pools ~aralah sad lay 18" F~lah amd iaet&ll t)e~m:tmm Leaehiag baslaa 10' O.D. Coaex'e~e e~L~b _ ~theX' S~ee% ~zee,. (~0 If rel~el%ial) (,~aeisg 50' a~) YizeWell Unit A Z~ if $ 30.00 $ ?10.00 i1 e& 3,500.00 3O vf ~00.00 9,000.00 lO If 10.00 I00.00 [0 ea. ~00.00 Reapeetif,lly oabmi%te~ ll,O00.O0 $ ~?,~lO.O0 November 18, 1988 Southold Town Planning Board Town Hall 53095 Main Road Southold, New York 11971 Att: Bennett Orlowski, Chairman NOV21 Re: Subdivision for Henry Arbeeny Kenney's Road, Southold, NY SCTM #1000-059-07-31 Dear Mr. Orlowski: Thank you for scheduling a discussion of this application at your December 5, 1988 meeting. I would like you to consider the following as an introduction to this meeting. You will recall, in our letter to you of November 2, 1988, we requested an explanation of the items included in the bond estimdte prepared for the above subdivision. As suggested by your office, we did, thereafter, contact a representative of Sidney B. Bowne & Son in this regard. Their response to our inquiry was unsatisfactory, and they tossed the proverbial ball right back in your lap. If we understood correctly, their estimates are compiled from an extensive and generalized "master list" and not, apparently, from either their own or the Planning Board's previous recommendations, which are specific to the project. Their opinion is that the Planning Board is responsible for reviewing the estimate and eliminating the extraneous or inappropriate items included thereiD~ I can't agree with the above position. Although I believe the Planning Board should exercise control, I also believe it should be able to rely more fully on the expertise and judgment of its engineering consultants. It doesn't take an expert to indiscriminately furnish a list of items from a "master list". We feel very strongly that this bond estimate requires your careful scrutiny and reevaluation, as it is grossly incompatible with the parameters of this project. We look forward to meeting with you for this purpose and appreciate being scheduled for this discussion. Sincerely, Rudolph H. Bruer RHB/df Encs. cc: Mr. Henry Arbeeny SoutholdTownBoard~ V141 88 November 10, 1988 Southold Town Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 Att: Judith T. Terry, Town Clerk Re: Subdivision for Henry Arbeeny Kenney's Road, Southold, N.Y. SCTM# 1000-059-07-31 Dear Ms. Terry: By letter of November 1, 1988, the Southold Town Planning Board advised you of their 10/31/88 resolution to provide the Town Board with the $75,362.50 bond estimate for the above-referenced project and their recommendation of acceptance. This bond estimate is comprised of sixteen (16) separate items which, we must admit, has us dumbfounded. It represents gross overkill, and we are outraged that it was forwarded to the Town Board for acceptance before discussing the contents with us. We asked the Board for an explanation of these items and they referred us to the Town's engineering consultants who, in turn, responded that they were following the Planning Board's instructions. We respectfully request that, before making a judgment on this matter, it be referred back to the Planning Board enabling them to make proper response to this office and to the developer. Asking the Town Board to consider this bond estimate in its present form is irresponsible and unjust. Thank you for your considerate attention. Sincerely, Rudolph ~. Bruer RHB/df cc: Hr. Henry Arbeeny Southold Town Planning Board JUDITH T. TERRY IOWN CLERK REGISTRAR OF VITAL S'rATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 1, 1988: RESOLVEO that the Town Board of the Town of Southold hereby approves the amount of $75,362.50 for a bond for roads and improvements in the major subdivision of Henry Arbeeny, all in accordance with the recommenda- tion of the Southold Town Planning Board and Sidney B. Bowne & Son, Engineers. Judith T. Terry ~/' Southold Town Clerk November 2, 1988 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-19~ NOV 1 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 1, 1988 Judith Terry Town Clerk Southold, NY 11971 RE: Henry Arbeeny SCTM #1000-59-7-31 Dear Mrs. Terry: The following action was taken by the Southold Town Planning Board on Monday, October 31, 1988. RESOLVED that the Southold Town Planning Board send to the Town Board the Bond Estimate in the amount of $75,362.50, which includes the inspection fee, and recommend acceptance of the bond for the subdivision of Henry Arbeen¥. If you have any questions, please do not hesitate to contact this office. .3Ze~y truly~ yours., BENNETT ORLOWSKI , JR. CHAIRMAN cc: Rudolph Bruer October~ 1988 BOND ESTIMATE FOR ARBEENY MAJOR SUBDIVISION AT SOUTHOLD TOWN OF SOUTHOLD, SUFFOLK COUNTY, N,Y. S.C.T.M. NO. 1000-59-7-31 ITEM 1. 2. 3. 4. 5. 10. 11. 12, 13. 14. 15. 16. DESCRIPTION Unclassified Excavation 90 c.y. Saw Cut 1,180 1.f. Fine Grading 395 s.y. Furnish and Lay 18" RCP 24 1.f. Furnish and Install Basins i ea. Furnish and Install leaching Basins-lO' O.D. 30 v.f. Concrete Curb 1,180 1.f. Dense-Graded Aggregate Base - 4" Thick 45 c.y. Bituminous Pavement Binder Course 2 1/2" Thick 55 Tons Bituminous Pavement Wearing Course i 1/2" Thick 35 Tons Topsoil and Seeding 1,450 s.y. Street Lights 4 ea. Direct Burial Cable 660 1.f. Street Trees 30 ea. Maintenance and Protection of TraFfic J o b Planning Board addition~ Firewel~, QUANTITY 5% UNIT PRICE AMOUNT 6.00 $ 540.00 3.00 3,540.00 1.50 592.50 30.00 720.00 3,500.00 3,500.00 300.00 9,000.00 10.00 11,800.00 40.00 1,800.00 70.00 3,850,00 ~%.70.00 2,450.00 5.00 7,250.00 2,000.00 8,'000~00 2.00 1,320.00 200.00 6,000.00 3,000.00 :'~,000.00 12,000.00 SUB TOTAL= 75~362~50 INSPECTZON~FEE~J~i~3,768.12 TOTAL = 79,130.62 S/3 Sheet I of I