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HomeMy WebLinkAboutCove Beach Estates, LLC 1Vi&T .-h- ��C�ev�� 1800 Washington Blvd,81'floor,MC:MD1-MP37 Baltimore,MD 21230 410 244 4801 U 2 6 2022 E-MAIL Lettersofcredit@mtb.com SWIFT:MANTUS33INT Southold Town Clerk September 6,2022 SOUTHOLD TOWN BOARD TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD,NY 11971 COVE BEACH ESTATES LLC P.O.BOX 250 12 ORCHARD STREET COLD SPRING,NY 10516 Re: Changes to your Standby Letter of Credit: ISB000031 .Dear Beneficiary Name, Please see changes to your Standby Letter of Credit below: • Submit all communication and documentation to the following address: M&T Bank International Trade Finance 1800 Washington Blvd.0-fl.MCL MDI-MP37 Baltimore,MD 21230 • Your new Standby LC reference number is: SB9526570001,to be used in all future correspondence If you have any questions or require additional information,please contact the International Trade Finance team directly at 410-244-4801 or email us at LettersofCredit@mtb.com. Sincerely, Sharon L.Dieso Vice President International Trade Finance) Banking Services Line Manager III People's United, Pegi6leb Urvite a Division of , Bank 850 Main Street, RC1225 Bank® Bridgeport, CT 06604 Tel: 203-338-3223 Fax: 844-835-9130 SWIFT BIC: PESB US 33 XXX Date: 6/30/22 RECEIVED JUL 6 Rescind Notice $AUth01d'1'pyyp Clerk Southold Town Board Town of Southold Main Road Southold, New York 11971 Re:,Irrevocable Standby'Letter of Credit No.ISB000031 for the account of COVE BEACH ESTATES LLC, in your favor in the amount of USD 186,318.00. Dear Beneficiary, Please be advised we hereby rescind our cancellation letter for the account of COVE BEACH ESTATES LLC, in the amount of USD 186;318.00. The above mentioned Letter of Credit has been automatically extended to 8/19/2023. All other terms and conditions remain the same, including the reinstatement of the automatic extension clause. Should you have any questions or concerns contact Trade Finance Operations at the number above. THIS IS A COMPUTER GENERATED DOCUMENT. SIGNATURE IS NOT REQUIRED. 850 Main Street,Bridgeport,Connecticut 06604 8eceiV�e, ,� People's United Bank, N.A. l 1 �p�c !✓e- Pe®Ples United Bri0 850dgeport, Main Street 66 1225 Bridgeport, CT 06604 dank Tel: 203-338-3223 Fax: 844-835-9130 SWIFT BIC: PESB US 33 XXX Date: 7/10/20 t Rescind Notice 100311-001 Southold Town Board Town of Southold Main Road Southold, New York 11971 Re: Irrevocable Standby Letter of Credit No.ISB000031 for the account of COVE BEACH ESTATES LLC, in your favor in the amount of USD 186,318.00. Dear Beneficiary, Please be advised we hereby rescind our cancellation letter for the account of COVE BEACH ESTATES LLC, in the amount of USD 186,318.00. The above mentioned Letter of Credit has been automatically extended to 8/19/2021. All other terms and conditions remain the same, including the reinstatement of the automatic extension clause. Should you have any questions or concerns contact Trade Finance Operations at the number above. THIS IS A COMPUTER GENERATED DOCUMENT. SIGNATURE IS NOT REQUIRED. 850 Main Street,Bridgeport,Connecticut 06604 6/26/20 People's United Bank, N.A. Peoples Unite Bridgeport, Main Street 1225 Bridgeport,CT 06666 04 Bank° Tel: 203-338-3223 Fax: 844-835-9130 SWIFT BIC: PESB US 33 XXX Notice of Non-Extension Southold Town Board Town of Southold Main Road Southold, New York 11971 Re: Our Irrevocable Standby Letter of Credit No.ISB000031 for the account of COVE BEACH ESTATES LLC, in your favor in the amount of USD 186,318.00. Dear Beneficiary, This is to notify you that we elect not to extend the above Letter of Credit for an additional period of one year and that the final expiration date of this credit is 8/18/20. Should you have any questions or concerns contact Trade Finance Operations at the number above. THIS IS A COMPUTER GENERATED DOCUMENT. SIGNATURE IS NOT REQUIRED. 850 Main Street,Bridgeport,Connecticut 06604 Trade Finance Operations T:203-338-3223 F: 844-835-9130 Peopleb United Qank June 8, 2016 Southold Town Board Town of Southold 53095 Route 25 P.O. Box 1179 Southold,New York 11971 Dear Beneficiary: At the request of our customer, Cove Beach Estates, LLC, we enclose our amendment to Irrevocable Standby Letter of Credit No. 100311 in your favor. We would greatly appreciate if you would acknowledge receipt by signing where indicated on the copy of the amendment, and returning this signed copy in the enclosed envelope. Your prompt attention will be greatly appreciated. Sincerely, 6� International Trade Finance Operations 850 Main Street, RC 5-1225 Bridgeport, CT 06604 (P) 203-338-3223 Encl. 850 Main Street Bridgeport,Connecticut 06604 Peoples.com People's United Bank,N.A. Peoples United dank AMENDMENT TO OUR IRREVOCABLE LETTER OF CREDIT NO. 100311 DATED AUGUST 19, 2005 --------------------------------------------------------- June 8, 2016 Southold Town Board Town of Southold 53095 Route 25 P.O. Box 1179 Southold, New York 11971 Gentlemen, At the request and for account of Cove Beach Estates, LLC, we hereby amend our Irrevocable Letter of Credit No. 100311 in your favor as follows : 1 . Letter of Credit amount is decreased and is now USD $186, 318 . 00 . All other terms and conditions remain the same. Very Truly Yours, People' s Bank, N.A. By: - - --- -----u h�ea Signature People's United Bank,N.A. Peoples United dank AMENDMENT TO OUR IRREVOCABLE LETTER OF CREDIT NO.100311 DATED AUGUST 19, 2005 --------------------------------------------------------- June 8, 2016 Southold Town Board Town of Southold 0 53095 Route 25 99, P.O. Box 1179 AK Southold, New York 11971 Gentlemen, At the request and for account of Cove Beach Estates, LLC, we hereby amend our Irrevocable Letter of Credit No. 100311 in your favor as follows: 1. Letter of Credit amount is decreased and is now USD $186, 318 . 00 . All other terms and conditions remain the same. DATE Very Truly Yours, Ce ¢"'"' People' s Bank N.A. 'w7eficiary) By: Au Aed Signature Awl icrized.Sigma People's United Bank,N.A. UPS CampusShip: Shipment Label Page 1 of 1 UPS CampusShip: View/Print Label 1. Ensure there are no other shipping or tracking labels attached to your package. Select the Print button on the print dialog box that appears. Note: If your browser does not support this function select Print from the File menu to print the label. 2. Fold the printed label at the solid line below. Place the label in a UPS Shipping Pouch. If you do not have a pouch, affix the folded label using clear plastic shipping tape over the entire label. 3. GETTING YOUR SHIPMENT TO UPS Customers with a Daily Pickup Your driver will pickup your shipment(s)as usual. Customers without a Daily Pickup Take your package to any location of The UPS Store@, UPS Access Point(TM) location, UPS Drop Box, UPS Customer Center, UPS Alliances(Office Depot@ or Staples@)or Authorized Shipping Outlet near you. Items sent via UPS Return Services(SM) (including via Ground) are also accepted at Drop Boxes. To find the location nearest you, please visit the Resources area of CampusShip and select UPS Locations. Schedule a same day or future day Pickup to have a UPS driver pickup all your CampusShip packages. Hand the package to any UPS driver in your area. UPS Access Poinff UPS Access PointTm UPS Access PointTm UNIVERSITY DELI MARKET J&M GROCERY STORE AZTECA MARKET 500 PARK AVE 129 WOOD AVE 522 PEQUONNOCK ST BRIDGEPORT,CT 06604 BRIDGEPORT,CT 06605 BRIDGEPORT,CT 06604 FOLD HERE w � O M 0 - 1 Cy O d' �o zli � o NCq � U O � Ln0 M z Ln A 4 O �cv a 0 �z dJEn vj 44 i 4giMN••°: W �''y N F-! OO ✓V „J N•Mi•.moi' •• �•� 1�1 TIS 7J V W N y [p o x O :•e: �•N.�• C7 a [6^d WM O o � � 'w=' O N 4W Z a NZ MW ^ 00 Co •y y t Ate. 4 � W �/� N4 • �. 4.•••..N� � �. 4 M O O A F7 i C/� RI �/J .M i�N ice•�W4 i O W'.CG W �~wi•NM4N.�.�. rJ 0 N P.ao m V1 [--4 W Cl y https://www.carnpusship.ups.com/cship/create?ActionOriginPair=default PrintWindowP... 6/8/2016 • 1 } � �SAIVKfSMITHTOWN Dedicated.To You. 100 Motor Parkway Sixth Floor, Suite 160 Hauppauge, NY 11788 Tel: (631)360-9303 Fax: (631)360-9410 August 19, 2008 , RECEIVED SEP 342010 Office of the Town Clerk Town of Southold Town Hall 50uthold Town Cler* 53095 Main Road P.O. Box 1179 Southold,NY 11971 Subject: Performance Bond Cove Beach Estates LLC East Marion,NY Dear Sirs, As per our original agreement, please note that the above referenced Letter of Credit #100311 has been extended to August 19, 2011. �-- Patricia Del Bene Administrative Assistant • Founded 1910 • scl" VRML 13AN K of SM ITHTOWN AUG 2 1 2006 Dedicated:To You: 100 Motor Parkway Records Management Sixth Floor, Suite 160 _ Hauppauge,NY 11788 Tel: (631)360-9303 Fax: (631)360-9410 RECEIVED AUG 2 12006 August 19, 2006 Office of the Town Clerk Southold Town Clerk Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Subject: Pen a Bo—n- Ber "3h Ertates East Marion,NY Dear Sirs, Asper our original agreement,please note that the above referenced Letter of Credit#100311 has been extended to August 19, 2007. Cory Ewald Adm' - trativeAssistant • Founded 1910 • coule v t SO(/Tyo JOSHUA Y.HORTON ~ l0 Town Hall, 53095 Route 25 SUPERVISOR P.O.Box 1179 G� Q Southold,New York 11971-0959 Fax(631)765-1823 Cowl Telephone(631)765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD October 26, 2005 UBS AG 677 Washington Blvd. Stamford, CT 06912 Attention: Letter of Credit Department, 10`h Floor Dear Madam/Sir: The undersigned hereby notifies you that Standby Letter of Credit No. Y034116 as amended, dated May 17, 2004, issued by you in favor of the Town of Southold (the "Letter of Credit") has been misplaced, lost, stolen or destroyed. In connection with termination of the Letter of Credit, the Town of Southold (a) represents and warrants to you that (i) it has made, or caused to be made, a diligent search for the Letter of Credit and has been unable to locate the Letter of Credit and (ii) it has not sold, assigned, pledged, transferred, deposited, hypothecated or otherwise disposed of the Letter of Credit or any interest therein or signed any power of attorney or other authorization respecting the Letter of Credit, (b) agrees to indemnify you and hold you harmless from and against any and all claims, actions, demands, proceedings, suits, liabilities, losses, damages, costs and expenses (including, but not limited to, reasonable fees and disbursements of counsel)of every nature and character that you may sustain or incur arising out of, or in connection with, the loss of the Letter of Credit (including, but not limited to, possession of the Letter of Credit by any person other than you) or the inaccuracy of any representation in the preceding clause (a), and (c) agrees that if it hereafter locates,the Letter of Credit it will promptly return it to you. This indemnity letter shall be governed by and construed in accordance with the laws of the State of New York. V truly /yours, 1✓ e� oshua Y. Horton Supervisor JYH/lk cc: Ms. Elizabeth Neville, Town Clerk Charles Cuddy, Esq. 9 +October 25, 2005 Town of Southold Board Meeting 2005-665 CATEGORY.• Attend Seminar DEPARTMENT. Police Dept Grant Permission to PO Thomas Hudock and PO William Brewer to Attend a Seminar on Basic Interviewing&Interrogation Techniques In Ithaca, NY RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Officers Thomas Hudock and William Brewer to attend a seminar on Basic Interviewing & Interrogation Techniques in Ithaca, NY sponsored by the State of New York Police Juvenile Officers Association, Inc., commencing on Monday,November 28 through Friday, December 2, 2005. All expenses for travel and meals to be a legal charge to the 2005 Police Training budget line- A.3120.4.600.200. yofe'Record; Resoliitiori'2005-'665:" : ... : ..... ... Yes/Aye —No/Nay_- , Abstain IL-Absent 0 Adopted William P.Edwards Seconder i E] t ❑ ! ❑ i ❑ ❑ Adopted as Amended 1.Daniel C.Ross_..._.------..._...._._...Voter___..._....___.........__..__ --.._...--_........... ...____...._--..._.._.-O_..-----.....t---........._0........._..__. P ...........__........................._.__......... ................1.........__.........._ ............_$...._..............................._..1........_-..............._............. ........... ..- ❑ Defeated Thomas H.Wickham Voter ----.._._.�._..-__.._d__. --} ❑ 1.__...._�......._.._. -................. ----..... ...,...----... -..... ...._..... ❑ Tabled John M.Romanelli Initiator Ef ❑ ❑ - 6 ❑ .__.._.._._..- El ❑ Withdrawn Louisa P.Evans __�_.Voter,___--_......_..__ .._..-.----i._...._.._ ._.__..___'__..._.-_ .-____.._.S____._.�._..------. Joshua Y.Hor[on Voter d ❑ ❑ I ❑ 2005-666 CATEGORY.- Contracts, Lease&Agreements DEPARTMENT. Town Attorney Authorizes Supervisor Joshua Y. Horton to Execute Any and All Documents Necessary to Effectuate the Release of Letter of Credit Number Y034116 Issued by UBS AG Regarding ERM Estates IT IS HEREBY RESOLVED that the Town Board of the Town of Southold authorizes Supervisor Joshua Y. Horton to execute any and all documents necessary to effectuate the release of Letter of Credit Number Y034116 issued by UBS AG in the matter of the proposed Major Subdivision of G.oveHeac• Estates, including any warranties and indemnity regarding the presentation of the Letter of Credit. Page 10 RESOLUTION 2005-666 ADOPTED DOC ID: 1244 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-666 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 25,2005: IT IS HEREBY RESOLVED that the Town Board of the Town of Southold authorizes Supervisor Joshua Y. Horton to execute any and all documents necessary to effectuate the - s including any warranties and indemnity regarding the presentation of the Letter of Credit. F^ Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER:Thomas H. Wickham, Councilman AYES: Edwards,Ross,Wickham,Romanelli, Horton ABSENT: Louisa P. Evans V: pF SO�j�o ELIZABETH A.NEVILLE '`� l0 Town Hall, 53095 Main Road TOWN CLERK J J�[ P.O. Box 1179 REGISTRAR,OF VITAL STATISTICS N ,e Southold,New York 11971 MARRIAGE OFFICER �� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER ��� ► Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER 100m southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Whom It May Concern: From: Town Clerk Elizabeth A.Neville Re: Cove Beach Estates Letter of Credit No. Y034116 issued by UBS AG Date: October 7, 2005 Please be advised that the attached copy of the above described letter of credit is the only copy that exists in the Town Clerks records. This copy is a part of the file that also contains Southold Town Board Resolution No. 496 adopted on June 29, 2004 approving this letter of credit and Southold Town Planning Board letter of June 15, 2004 referencing the resolution adopted by them on June 14, 2004 recommending acceptance of this letter of credit by the Southold Town Board. These documents exist in our paper files as well as in our digital imaging system. This is the only copy that exists in my records. The Planning Board received the original copy of this letter of credit and stated that they sent it over from the Town Hall Annex to the Town Hall by inter-office mail. To the best of my knowledge the original has been lost and is not recoverable. El abeth A. Nev le Southold Town Clerk CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net October 6, 2005 VIA FACSIMILE AND REGULAR MAIL- (631) 765-6145 Elizabeth Neville, Town Clerk Town of Southold 53095 Plain Road Southold, NY 11971 Re: Cove Beach Estates-Letter of Credit Dear Mrs. Neville: You will recall that you were unable to locate the original Letter of Credit in the above matter. The bank has requested that you forward a letter stating that the original Letter of Credit has been lost, is not recoverable, and that the copy that you supplied us is all that appears in the Town's files. The name and address of the bank is: UBS AG New York Branch 299 Park Avenue New York, New York 10171 Without your letter my client cannot be released of his obligation. We would appreciate your faxing your letter to us so we may transmit it to•the bank. Thank you for your assistance. 'Very trdly yours, 0"'. Charles R. Cuddy CRC:ms RESOLUTION 2005-594 f6 ADOPTED DOC ID: 1166 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-594 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 27,2005: RESOLVED that the Town Board of the Town of Southold hereby accepts the Irrevocable Letter of Credit Number 100311 issued by the Bank of Smithtown in the amount of$705,710 for the proposed Maior Subdivision of Cove Beach Estates located at East Marion,New York, SCTM @1000-22-3- 9.1, 18.1 & 18.8, as a substitute for and release the original Letter of Credit Number Y034116 issued by UBS AG in the amount of$705,710 that was approved by Town Board Resolution No. 496 of 2004. The substitution is requested by the applicant, Southold Town Planning Board recommends approval of the substitution,and is subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: John M. Romanelli, Councilman SECONDER:William P. Edwards, Councilman AYES: Edwards, Ross,Wickham,Romanelli, Evans,Horton S L 7 September 27, 2005 Town of Southold Board Meeting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assistant Town Attorneys, Lori Hulse Montefusco and Kieran M. Corcoran, to attend the 17th Annual Supreme Court Review Seminar at Touro College Law Center in Huntington, NY on October 21, 2005. All expenses for registration and travel are to be a charge to the 2005 Town Attorney budget, ✓Vote Record-Resolution 2005-593 { Yes/Aye No/Nay Abstain Absent 0 Adopted William P. ds Edwar .... ..........._.._....Voter...._.........................._.._....°❑.................�.........-...�. .........................._.�..................i ........_�.........-....... . ._..... .ds . ❑ Adopted as Amended Daniel C.Ross 1 Voter E( ❑ ❑ { ❑ ❑ Defeated Thomas H.Wickham 1 Initiator H 1 ❑ 1 ❑ i ❑ ❑ Tabled John M.Romanelli Voter 0 ❑ ❑ ❑ ❑ Withdrawn Louisa P.Evans i Seconder I ❑ ❑ ❑ ❑ Joshua Y.Horton 1 Voter i I ❑ ❑ ❑ 2005-594 CATEGORY. Letter of Credit DEPARTMENT. Town Clerk Substitute Irrevocable Letter of Credit From Bank of Smithtown or the Previously Accepted Letter of Credit From UBSAG for the Proposed Major Subdivision o Beach Estates In East Marion. RESOLVED that the Town Board of the Town of Southold hereby accepts the Irrevocable Letter of Credit Number 100311 issued by the Bank of Smithtown in the amount of$705,710 for the proposed Major Subdivision o C+.oye " a"c-hh Estates located at East Marion,New York, SCTM @1000-22-3- 9.1, 18.1 & 18.8,as a substitute for and release the original Letter of Credit Number Y034116 issued by UBS AG in the amount of$705,710 that was approved by Town Board Resolution'No. 496 of 2004. The substitution is requested by the applicant, Southold Town Planning Board recommends approval of the substitution,and is subject to the approval of the Town Attorney. ✓Vote Record-Resolution 2005-594 Yes/Aye....__...._..No/NaY..................Abstain_........_.._Absent.._... - - - ......... ..-......._.._......__........._..__......... ....._.......�...... ...._ -- ❑ ❑ ElCJ1 Adopted William PTEdwards Seconder ........___1._.._ O Adopted as Amended Daniel C.Ross i Voter I 0 ❑ �____❑ _ ___I __ _n_______ ❑ Defeated Thomas H.Wickham i ❑ ❑ - I - ❑ i Voter EJ ❑ Tabled John M.Romanelli Initiator ❑ ❑ ❑ ❑ _.... ._... - - :.._.___..._..._ ---r..-................_........_:.........----._.._.. ..__._._—.. ......._.._....., ❑ Withdrawn Louisa P.Evans Voter ! E7 ❑ ❑ ❑ _............_.._...._....._...._.........__.._........_.,...... ..... ................ ..._.....-...__._.........__.. .............._._......... ............. Joshua Y.Horton j Voter Q ❑ i ❑ ❑ Page 36 2. 5:02 P.M., on the matter of the possible one change of property on Route 48, SCTM #1000- 074-00-04-009. 3. 5:05 P.M., on the matter of the possible one change of property on Route 48, SCTM #1000- 074-04-010. 4. 5:07 P .M., on the matter of the acquisition of development rights on certain parcels of Hubbard, SCTM#1000-55-5-11.1, 1000-55-5-11.2, 000-55-5-11.3, 1000-55-5-11.4. 5. 5:09 P.M,, on the matter of the acquisition of development rights on certain parcel of Hubbard, SCTM#1000-059-04-009, 1000-063-01-01.006. 6. 5:11 P.M., on the matter of the acquisition of development rights on a certain parcel of Hubbard, SCTM#1000-059-10-0020, 7. 5:13 P.M., on the matter of the acquisition of development rights on a certain parcel of Hubbard, SCTM#1000-074-02-015. 8. 5:15 P .M., on the matter of the acquisition of a certain parcel of Fred, SCTM#1000-56- 04-004. V. RESOLUTIONS. SUPERVISOR COCHRAN: As you know the Town Board has a policy, that if there is anything you would like to address the Town Board in relation to the resolutions that we will be acting on, we will have that at this time. There is time at the end of the regular Board meeting to allow for anyone to speak on any Town business. Right now we are going into resolutions. Is there anyone that would like to address the Town Board in relation to the printed resolutions on the agenda? Anyone like to address the Town Board? (No response.) If not, number 1. #1 Moved by Councilman Murphy, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of the subdivision bond for-AMBea h Estates in the amount of$445,160.00, with an inspection fee in the amount of$26,709.60, all in accordance with the recommendation of the Southold Town Planning Board and the Town Engineer. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #2 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 2000 budget as follows: From: B.8020.2.100.300 Equipment, Furniture&Furnishings, Chairs $ 111.00 B.8020.4.100.100 Contract. Exp., Supplies&Materials, Office Supplies $ 245.00 B.8020.4.600.100 Contract. Exp., Misc., Legal Notices $ 341.00 .B.8020.4.600.200 Contract. Exp., Misc., Meeting& Seminars $ 226.00 B.8020.4.600.800 Contract. Exp., Misc., Research Materials $ 20.00 B.8020.4.400.600 Contracted Services, Equip. Maintenance/Repairs $ 100.00 ELIZABETH NEVILLE Town Hall, 53095 Main Road 'TOWN CLERK �ogufFo�,t� PO Box 1179 o A Southold,NY 11971 REGISTRAR OF VITAL STATISTICS y x Fax(631)765-6145 MARRIAGE OFFICER Telephone: (631)765-1800 RECORDS MANAGEMENT OFFICER dol# southol'dtown.northfork.net FREEDOM OF INFORMATION OFFICER RESOLUTION# 2005-594 Meeting: 09/27/05 07:30 PM Resolution ID: 1166 Department: Town Clerk Category: Letter of Credit THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-594 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 27,2005: RESOLVED that the Town Board of the Town of Southold hereby accepts the Irrevocable Letter of Credit Number 100311 issued by the Bank of Smithtown in the amount of$705,710 for the proposed Major Subdivision of Cove Beach Estates located at East Marion,New York, SCTM @1000-22-3-9.1, 18.1 & 18.8, as a substitute for and release the original Letter of'Credit Number Y634116 issued by UBS AG in the amount of$705,710 that was approved by Town Board Resolution No. 496 of 2004. The substitution is requested by the applicant, Southold Town Planning Board recommends approval of the substitution, and is subject to the,approval of the Town Attorney. Elizabeth A.Neville Southold Town Clerk ELIZABETH NEVILLE Town Hall, 53095 Main Road ' TOWN CLERK �oSuf�oc� PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS y x Fax(631)765-6145 MARRIAGE OFFICER a Telephone: (631) 765-1800 RECORDS MANAGEMENT OFFICER 1# southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER RESOLUTION# 2005-594 Meeting: 09/27/05 07:30 PM Resolution ID: 1166 Department: Town Clerk Category: Letter of Credit THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-594 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 27,2005: RESOLVED that the Town Board of the Town of Southold hereby accepts the Irrevocable Letter of Credit Number 100311 issued by the Bank of Smithtown in the amount of$705,710 for the proposed Maior Subdivision of Cove Beach Estates located at East Marion,New York, SCTM @1000-22-3-9.1, 18.1 & 18.8, as a substitute for and release the original Letter of Credit Number Y034116 issued by UBS AG in the amount of$705,710 that was approved by Town Board Resolution No.496 of 2004. The substitution is requested by the applicant, Southold Town Planning Board recommends approval of the substitution, and is subject to the approval of the Town Attorney. r Elizabeth A.Neville Southold Town Clerk ' MAILING ADDRESS: PLANNING BOARD MEMBERS .` P.O.Box 1179 JERILYN B.WOODHOUSE O�`vof SOUryOI Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G • Q 54375 State Route 25 MARTIN H.SIDOR �� (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON lij'COU '� Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 13, 2005 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Major Subdivision Cove Beach Estates Located on the n/s/o NYS Route 25,1000' e/o Kayleigh's Court, in East Marion SCTM#1000-22-3-9.1,18.1, 18.7 & 18.8 Zone: R-80 Dear Mr. Cuddy: The Southold.Town Planning Board, at a meeting held on Monday, September 12, 2005, adopted the following resolutions: WHEREAS, the applicant proposes to subdivide a 104.40-acre parcel into 12 lots; and WHEREAS, the Southold Town Planning Board issued final approval for the subdivision by resolution on June 12, 2004; and WHEREAS, the Town Board accepted the Irrevocable Letter of Credit Number Y034116 issued by UBS AG in the amount of$705,710 on June 29, 2004; and WHEREAS, the applicant has requested that a new Irrevocable Letter of Credit issued by the Bank of Smithtown for the same amount be substituted for the UBS AG Letter of Credit; be it therefore RESOLVED, that the Southold Town Planning Board accept the Bank of Smithtown Irrevocable Letter of Credit#100311 in the amount of$705,710 and recommends same to the Town Board; and be it further RESOLVED, that the Southold Town Planning Board recommends that the Town Board release the Irrevocable Letter of Credit Number Y034116 in the amount of$705,710 as requested by the applicant. Cove Beach Estates — Page Two — September 13, 2005 If you have any questions regarding the above, please contact this office. Very truly yours, R Jerilyn B. Woodhouse-- Chairperson enc. cc: Kieran Corcoran, Assistant Town Attorney. Elizabeth Neville, Town Clerk - • Y CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net August 23, 2005 Patricia Finnegan, Esq. Southold Town Attorney P.O. Box 1179 Southold,New York 11971 Re:.Cove Beach Estates,LLC Performance Bond East Marion,New York Dear Ms. Finnegan: I represent Cove Beach Estates, LLC, which owns a subdivision in East Marion known as Cove Beach Estates, Inc. The subdivision map was signed by the Planning Board Chairperson on July 14, 2004. Under date of June 29, 2004, the Town Board accepted a Letter of Credit (in place of a performance bond) issued by UBS AG in the amount of$705,710.00. Enclosed is a copy of the certified Resolution from Elizabeth A. Neville, Southold Town Clerk. Also enclosed is a copy of the UBS AG Letter of Credit. Now enclosed is a Letter of Credit issued by the Bank of Smithtown in the same amount, $705,710.00. Would you please substitute the Bank of Smithtown Letter of Credit for the UBS AG Letter of Credit and return the UBS AG Letter of Credit to this office. Thank you. Very truly yours, Charles R. Cuddy CRC/pc i , Encls. AUG 2 4 2005 ;;".__1t i "8 ,'19A1 !KJo ,S!MJTHTOV1/ ON !Dedicated.'fib%ou. 100 Motor Parkway Sixth Floor, Suite 160 Hauppauge, LI, NY 11788 corporate office: 631-360-9300 direct dial. 631-360-9351 fax: 631-360-9410 August 19, 2005 Town of Southold Main Road Southold, New York IRREVOCABLE STANDBY LETTER OF CREDIT NO. 100311 Issue Date: August 19, 2005 Expiration Date: August 19, 2006 BENEFICIARY: Southold Town Board Town of Southold Main Road Southold, New York 11971 SUBJECT: Performance Bond, $705,710.00 Cove Beach Estates, LLC East Marion, New York Dear Board Members: This letter of credit is intended to replace UBS, AG's letter of credit#Y034116. By order and for the account of our client, Cove Beach Estates, LLC, with a mailing address at c/o Raoul Witteveen, 90 Park Avenue, Suite 1713, New York, NY 10016, and in accordance with the recommendation of the Southold Town Planning Board and the resolution of the Southold Town Board number 496 of 2004 dated June 29, 2004, we hereby establish our Irrevocable Letter of Credit No. 100311, in your favor for an amount up to, but not exceeding, the aggregate sum of Seven Hundred and Five Thousand Seven Hundred and Ten Dollars ($705,710.00) effective immediately and expiring at our office located at 100 Motor Parkway, Hauppauge, New York on August 19, 2006. Funds under this Letter of Credit are available to you against your sight draft(s) signed by your authorized officer, drawn on us bearing the clause "Drawn under Letter of Credit No. 100311" accompanied by a written statement signed by the Chairperson of the Southold Planning Board to read as follows: "This drawing has been caused by the default of Cove Beach Estates, LLC or its failure to complete performance in the completion of the required improvements to the Proposed Major Subdivision of Cove Beach Estates as called out by resolution of the Southold Town Planning Board in the amount of up to $705,710.00." ` 1 • Founded 1910 • 6AN K f SM`ITHTOW N Dedicated:.To You: Southold Planning Board page 2- August 19, 2005 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 100311, continued It is a condition of this Irrevocable Letter of Credit that it shall be deemed automatically extended without amendment for additional one year periods from the present, unless forty- five (45) days prior to any such date, we shall notify you in writing by certified mail at the above listed address that we elect not to consider this Letter of Credit renewed for any such additional periods. This Letter of Credit sets forth in full the terms of our undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to any document or instrument referred to herein or in which this Letter of Credit relates and any such reference shall not be deemed to incorporate herein by reference any document or instrument. Except as otherwise expressly stated herein, this Letter of Credit is subject to the laws of the State of New York including the Uniform Commercial Code and the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500. Very truly yours, BANK OF ITHTOWN J by: Robert J. nri Executive Vice President and Chief Lending Officer 2 • Founded 1910 • O�OSOFFOLIr Op ELIZABETH A.NEVILLE o� y� Town.Hall, 53096 Main Road TOWN CLERK coo P.O.Box 1179 REGISTRAR.OF VITAL STATISTICS O � Southold,New York 11971 le Te ER MARRIAGE OFFICERFax(631) 765-6145 RECORDS MANAGEMENT OFFIC hone(631) 765-1800 � � P FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 19,2004 Charles Cuddy,Esq. PO Box 1547 Riverhead,NY 11901 Dear Mr. Cuddy: The Southold Town Board, at its regular meeting of July 13, 2004, authorized the letter of credit No.Y034116 issued by UBS AG in the amount of$705,710.00 and an administration fee in the amount of$42,342.60 for the proposed Major Subdivision of Cove Beach Estates located at East Marion,New York, SCTM #1000-22-3-9.1,18.1, 18.7 & 18.8. A certified copy of the resolution is enclosed. Very truly yours, u • Elizabeth A.Neville Southold Town Clerk Enc. lmb June 29, 2004 11 Southold Town Board Meeting Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #493 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 budget as follows: To: Revenues: A.2705.65 Gifts&Donations $ 6,000.00 With You, Southold Can To: Appropriations: A.1620,4.600.300 Buildings & Grounds, C.E. $'6,000.00 Miscellaneous With You, Southold Can Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #494 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of intent to retire of Carol Betty from her position of Adult Day Care Supervisor at the Human Resource Center, effective July 9, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #495 Moved by Councilman Wickham, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y Horton to execute a modification to the monitor provisions contained at attachment 1, paragraphs I.B-I.B.(a, of Stipulation of Settlement#91=19050 and 91-19273 issued bj the New York State Department of Environmental Conservation, said modification subject.to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #496 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of credit No. Y034116 issued by UBS AG in the amount of$705,710.00 and an administration fee in the amount of$42,342.60 for the proposed Major Subdivision of AM Beach Estates located at East June 29, 2004 12 Southold Town Board Meeting Marion, New York, SCTM#1000-22-3-9.1,18.1, 18.7& 18.8 as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #497 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of the performance bond estimate dated May 12, 2004 in the amount of$143,250.00 together with an administration fee in the amount of $8,595.00 for the proposed Maior Subdivision of Zoumas Contracting Corporation located at North Bayview-Road, Southold, New York, SCTM#1000-79-4- 17.17 as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #498 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a mini-bus driver for the Senior Nutrition Program at the Human Resource Center for two consecutive weeks. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #499 Moved by Councilman Wickham, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the North Fork Country Club to close Moore's Lane, Cutchogue from the southerly line of the Subdivision of"Country Club Estates" to the northerly line of the land of William Tyree and limited closure to all but neighborhood residents from Main Road to the southerly line of the Subdivision of "Country Club Estates" and from land of Tyree to the intersection of Moores Land and New Suffolk Avenue, on Friday,July 16 and Saturday July 17, 2004 providing they file with the Town Clerk a One Million Dollar Certificate of Liability naming the Town of Southold as additional insured and contact Lt. Flatley to coordinate traffic control, Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #500 Moved by Councilman Edwards, seconded by Councilman Ross, WHEREAS the Town Board of the Town.of Southold wishes to purchase a development rights easement on part of a certain parcel of property owned by Dorset Farms, Inc., pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is ELIZABETH A.NEVILLE y� Town Hall,53095 Main Road TOWN CLERK 00 P.O. Box 1179 REGISTRAR,OF VITAL STATISTICSO � Southold,New York 11971 MARRIAGE OFFICER 'y • ��� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER ��l �a .Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 496 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 29,2004: RESOLVED that the Town Board of the Town of Southold hereby accents the letter of credit No.Y034116 issued by UBS AG in the amount of$705,710.00 and an administration fee in the amount of$42,342.60 for the proposed Maior Subdivision of Cove Beach Estates located at East Marion,New York, SCTM#1000-22-3-9.1,18.1, 18.7 & 18.8 as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. Elizabeth A.Neville Southold Town Clerk uFF91 �O�pS ELIZABETH A.NEVILLE y� Town Hall,53095 Main Road TOWN CLERK CIO Z P.O. Box 1179 REGISTRAR OF VITAL STATISTICSO Southold,New York 11971 MARRIAGE OFFICER yifJ • O�� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER �l `t►a .Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 496 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 29,2004: RESOLVED that the Town Board of the Town of Southold hereby accents the letter of credit No.Y034116 issued by UBS AG in the amount of$705,710.00 and an administration fee in the amount of$42,342.60 for the proposed Major Subdivision of Cove Beach Estates located at East Marion,New York, SCTM#1000-22-3-9.1,18.1, 18.7 & 18.8 as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. Elizabeth A.Neville Southold Town Clerk • O�Su��o`�wO a' , `' ELIZABETH A.NEVILLE cm GZ� Town Hall,53095 Main Road TOWN CLERK Go Z ..P.O.Box 1179 REGISTRAR,OF VITAL STATISTICS O � Southold,New York 11971 MARRIAGE OFFICERy • ��� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER �Ol `�►� Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 19,2004 Charles Cuddy,Esq. PO Box 1547 Riverhead,NY 11901 Dear Mr. Cuddy: The Southold Town Board, at its regular meeting of July, 13, 2004, authorized the letter of credit No. Y034116 issued by UBS AG in the amount of$705,710.00 and an administration fee in the amount of$42,342.60 for the proposed Major Subdivision of Cove Beach Estates located at East Marion,New York, SCTM #1000-22-3-9.1,18.1, 18.7 & 18.8. A certified copy of the resolution is enclosed. Very truly yours, • a Elizabeth A.Neville Southold Town Clerk Enc. lmb PLA���I3.�o MEMBERS °��$UFFO��COG • P.O.Box 1179 HOUSE Chairo� y� Town Hall, 53095 State Route 25 y Southold,New York 11971-0959 RICHARD CAC�•GIANO Z Telephone(631) 765-1938 WILLIAM J.CREMERS Fax Telephone ( 765-31-1 ��H s�o�s y�ot a°�� PLANNING BOARD OFFICE RCENED TOWN OF SOUTHOLD June 15, 2004 JUN 1 7 2004 Elizabeth A. Neville, Town Clerk Town of Southold Southold Town Clerk P.O. Box 1179 Southold, NY 11971 -Re: 'Proposed Major Subdivision Cove Beach Estates Located on the north side of NYS Route 25,1000' east of Kayleigh's Court, in East Marion SCTM#1000-22-3-9.1,18.1, 1.8.7 & 18.8 Zone: R-80 Dear Ms. Neville: The Southold Town Planning Board, at a meeting held on Monday, June 14, 2004, adopted the following resolutions: WHEREAS, the applicant proposes to subdivide a 104.40 acre parcel into 12 lots; and WHEREAS, the parcel is subject to a 1995 Conservation Easement, dated December 29, 1995, filed with the Clerk of Suffolk County in Liber D00011756, Page 282; and WHEREAS, the parcel is subject to an Amendment to the 1995 Conservation Easement, dated December 18, 1996,filed with the Clerk of Suffolk County in Liber D00011808, Page 661; and - WHEREAS, the parcel is subject to a 1997 Conservation Easement, dated December 29, 1997,filed with the Clerk of Suffolk County in Liber 1300011869, Page 975; and WHEREAS, an Amendment of the1997 Conservation Easement was filed on April 9, 2004 with the Clerk of Suffolk County in Liber D00012312, Page 663; and WHEREAS, the Conservation Easements limit the total number of residential lots to 12; and WHEREAS, on May 10, 2004, the Southold Town Planning Board granted conditional preliminary approval on the plat, dated & last revised September 22, 2003; and WHEREAS, the Suffolk County Department of Health granted approval of the action on December 31, 2003; and A 1 . J s Cove Beach Estates—Page Two—6/15/04 WHEREAS, On December 13, 2003,the New York Department of Environmental Conservation issued Permit No. 1-4738-03150/00001 shown on the Road and Drainage Plan, dated as revised May 23, 2003; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and WHEREAS, pursuant to A106-24E of the Southold Town Code, the Planning Board deems the final plat to be in substantial agreement with the preliminary plat approved and modified in accordance with requirements of such approval, therefore, the Planning Board waives the requirements for a final public hearing; be it therefore RESOLVED, that the Southold Town Planning Board accept the UBS AG Letter of Credit No. Y034116 in the amount $705,710.00 and administration fee in the amount of$42,342.60 and recommend same to the Town of Southold Town Board; and be it further RESOLVED, that the Southold Town Planning Board grant final approval on the plat dated as revised September 22, 2003; and the Road and Drainage Plan, dated as revised May 23, 2003, and authorize the Chairperson to endorse the final plat subject to the fulfillment of the following ronditioris: 1. The acceptance of the Letter of Credit No. Y034116 by the Town of Southold Town Board. 2. The filing of the final Road Maintenance "Declaration"'with the Office of the Clerk of Suffolk County and upon filing, the recording of the liber and page numbers upon the final plat. The mylar maps, which will be endorsed by the Chairperson as noted above, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so fled or.recorded within sixty (60) days of the date of final approval (Chairperson endorsement) shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn B. Woodhouse Chairperson encl. cc: Melissa Spiro, Land Preservation Coordinator Michael Verity, Chief Building Inspector Tax Assessors i, UBS AG ' UBS New York Branch ' 299 Park Avenue New York,New York 10171 Tel.212-916-2000 Date: MAY 17, 2004 SWIFT Address : UBSWUS33 SOUTHOLD PLANNING BOARD TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD, N.Y. 11971 AMENDMENT OF OUR STANDBY LETTER OF CREDIT NO, Y034116 NO. OF AMENDMENT: 1 Applicant: COVE BEACH ESTATES, LLC C/O RAOUL WITTEVEEN 90 PART AVE. , STE 1713 NEW YORK, N.Y. 10016 Ref. NO. : 089613 1 The above-mentioned .credit is being amended as follows: The amount of this credit is increased by 98,743 .50 USD. The amount of this credit now totals 705,710.00 USD not exceeding. All other terms and conditions remain unchanged. Please signify your agreement or disagreement to this amendment by signinc on the appropriate line below and faxing to the attention of DIANE SMART fax no. (203) 7i9=4634/465'7. ----------------- ----------------- WE AGREE WE DISAGREE Very truly yours;' UBS AG New York Branch �y =Zioonf! D3rec� u I] ♦y ' • ! ..VPS NV URS ' New York Branch 1 299 Park Avenue New York,New York 10171 Tel.212-916-2000 Date: APRIL 2, 2004 SWIFT Address: UBSWUS33 SOUTHOLD PLANNING BOARD TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD, N.Y. 11971 IRREVOCABLE STANDBY LETTER OF CREDIT NO: Y034116 ' On behalf of Cove Beach Estates, LLC, NYS Route 25, East Marion, New York, we hereby issue in your favor our Irrevocable Letter of Credit No. Y034116 up to an aggregate amount of USD 606,966.50 (iS Dollars Six Hundred and Six Thousand Nine Hundred and Sixty Six and 5/0/100) effective immediately and expiring at our office located at 677 Washington Boulevard, Stamford, CT 06901 on April 3, 2006. . Funds under this Letter of Credit are available by your sight drafts) drawn on us, indicating our Credit No. Y034116 accompanied by: "Beneficiary's signed statement certifying that Cove Beach Estates, LLC has failed to complete certain site improvements for the final plan of "Cove Beach.Estates Subdivision"', as called out by resolution of the Southold Planning Board. in ,the amount of $ It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one additional year from the present, unless forty-five (45) days prior to any such date, we shall notify you in writing by certified -mail or, courier mail at the above listed address that we elect not to consider this Letter bf Credit extended for any such additional period. In such an event, the Letter of Credit may be drawn on in the full amount. Draft (s) drawn to state: "Drawn under UBS AG Letter of Credit No. Y034116 dated April 2, 2004. " We hereby engage with you to honor your draft(s) as specified above when accompanied by documents, in conformity with the terms 'and conditions of this Letter of Credit when presented to: UBS' AG, 677 Washington Boulevard, Stamford CT 06901, Attn: Letters of. Credit Dept. All correspondence regarding this Letter of Credit must also .be sent to this office mentioning our LC No. Y034116. Except as far as otherwise expressly stated herein, the better of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revisi No. 500 . on) International Chamber of Commerce Publication Very truly, yours, UBS AG New York Branch ; ohn Garbadno ¢� ' Associate Direotor Fran Martell Operations Director Operations I o�Os�FFO�,�►Cp ELIZABETH A.NEVILLE C2 Gy� Town Hall, 53095 Main Road TOWN CLERK ti Z P.O. Box 1179 REGISTRAR OF VITAL STATISTICSO Southold, New York 11971 MARRIAGE OFFICER y • ��� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER �Ol `1►a Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 496 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 29,2004: RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of credit No.Y034116 issued by UBS AG in the amount of$705,710.00 and an administration fee in the amount of$42,342.60 for the proposed Major Subdivision of Cove Beach Estates located at East Marion,New York, SCTM#1000-22-3-9.1,18.1, 18.7 & 18.8 as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. O"a nae-Z& Elizabeth A. Neville Southold Town Clerk RES OLUTION JUNE 299 2004 V-496 RESOLVED that the Town Board of the Town of'Southold hereby accepts theletter of credit No.YO34116 issued by UBS AG in the amount of$705.710.00 and an administration fee, in the amount of$42,342.60 for the oronosed MA or Subdivision of Cove BeaLh EEstates located at East Marion,New York, SCTM#1000-22-3-9.1,18.1, 18.7& 18.8 as recommended by the Southold Town Planning Board,subject to the approval of the Town Attorney. �® %1FF8� PLANNING BOARD MEMBERS �O S � ®G� P.O.Box 1179 JERILYN B. USE Chairhair Town Hall,53095 State Route 25 C y Southold,New York 11971-0959 RICHARD CAGGIANO W_ Telephone(631) 765-1938 WILLIAM J.CREMERS Fax(631)765-3136 KENNETH L. MARTIN HESI OARR,DS PLANNING BOARD OFFICE RECEIVED TOWN OF SOUTHOLD June 15, 2004 JUN 1 7 2004 Elizabeth A. Neville, Town Clerk Town of Southold Southold Town Clerk P.O. Box 1179 Southold, NY 11971 Re: Proposed Major Subdivision Cove Beach Estates Located on the north side of NYS Route 25,1000' east of Kayleigh's Court, in East Marion SCTM#1000-22-3-9.1,18.1, 18.7 & 18.8 ' Zone: R-80 Dear Ms. Neville: The Southold Town Planning Board, ata meeting held on Monday, June 14, 2004, adopted the following resolutions: WHEREAS, the applicant proposes to subdivide a 104.40 acre parcel into 12 lots; and WHEREAS, the parcel is subject to a 1995 Conservation Easement, dated December 29, 1995, filed with-the Clerk of Suffolk County in Liber D00011756, Page 282; and WHEREAS, the parcel is subject to an Amendment to the 1995 Conservation Easement, dated December 18, 1996, filed with the Clerk of Suffolk County in Liber D00011808, Page 661; and WHEREAS, the parcel is subject to a 1997 Conservation Easement, dated December 29, 1.997, filed with the Clerk of Suffolk County in Liber D00011869, Page 975; and WHEREAS, an Amendment of the1997 Conservation Easement was filed on April 9, 2004 with the Clerk of Suffolk County in Liber D00012312, Page 663; and WHEREAS, the Conservation Easements limit the total number of residential lots to 12; and WHEREAS, on May 10, 2004, the Southold Town Planning Board granted conditional preliminary approval on the plat, dated & last revised September 22, 2003; and WHEREAS, the Suffolk County Department of Health granted approval of the action on December 31, 2003; and Cove Beach Estates—Page.Two—6/15/04 WHEREAS, On December 13, 2003, the New York Department of Environmental Conservation issued Permit No. 1-4738-03150/00001 shown on the Road and Drainage Plan, dated as revised May 23, 2003; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and WHEREAS, pursuant to A106-24E of the Southold Town Code, the Planning Board deems the final plat to be in substantial agreement with the preliminary plat approved and modified in accordance with requirements of such approval, therefore, the Planning Board waives the requirements for a final public hearing; be it therefore RESOLVED, that the Southold Town Planning Board accept the UBS AG Letter of Credit No,Y034116 in the amount $70.5,710.00 and administration fee in the amount of$42,342.60 and recommend same to the Town of Southold Town Board; and be it further RESOLVED, that the Southold Town Planning Board grant final approval on the plat dated as revised September 22, 2003; and the Road and Drainage Plan, dated as revised May 23, 2003, and authorize the Chairperson to endorse the final plat subject to the fulfillment of the following conditions: 1. The acceptance of the Letter of Credit No. Y034116 by the Town of Southold Town Board. 2. The filing of the final Road Maintenance "Declaration"with the Office of the Clerk of Suffolk County and upon filing, the recording of the liber and page numbers upon the final plat. The mylar maps, which will be endorsed by the Chairperson as noted above, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so fled or.recorded within sixty (60)days of the date of final approval (Chairperson endorsement) shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, Aedly�nB. Woodhouse Chairperson encl. cc: Melissa Spiro, Land Preservation Coordinator Michael Verity, Chief Building Inspector Tax Assessors Ir CHARLES R.CUDDY ATTORNHY AT LAW 445GRIPPINGAVENUP RIVERIMAD,NEWYORK' _ - Southold YoaY� Mailing Address P1ann -8200 P.O.Box 1547 IIAX: (631)369-9080 Riverhead,NY 11901 E-mail: eharles.cuddy@verizon.net May 18; 2004 Mr. Mark Terry Southold,Town Planning Department Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates,LLC-Letter of Credit Dear Mr. Terry: We are enclosing the amended Letter of Credit for the sum of$705,710.00 in accordance with the estimateepared by James A.Richter,Engineer, and we have added$30,000 for two additional fire wells. If you have any question please do not hesitate to call me. Very truly yours, Charles R. Cuddy V CRC:ik Enclosures ; '. MARCH .4-, .1-997 Noved:'.by JuStice;:Evans,,'-seconded by Councilman Moore,._it was.; RESOLVEDthat fhe.,Town Board .of the Town of Southold hereby.;modifies " rfihe.:;1996 .General: Fund Whole Town Budget to cover. Frederick Fiedler's- separation;contract: To: A:3120.1.100.300 Police, •P.S. Vacation Earnings $ 15,500..00 A3120::1,.100.400 Police, P.S. Sick. Earnings 18,500.00 A.3120.1 1100.500 Police, P.'S. Holiday 'Earnings 500.00 From:.' .Ar1990.4.100�100 Contingent :-u Unallocated Contingencies $ 34,500.00 5.7-Vote of the •Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman'Oliva,*.Councilman Townsend, Supervisor Cochran. This resolution .was duly ADOPTED. 6..-M6ved.by Councilman Moore, seconded by Councilwoman Oliva— it was 'RESOLVED'.#hat.,,the Town :-Board ofthe Town ,of Southold hereby, 'grants permission 'to `Cbuncilin►oman—Alice J. Hussie and Solid. Waste Coordinator. ;6Unchuck•' Ao.!,:tra James , vei to. Albany to attend . the.-Governor's' `Awards '.:••Ceremony:> so'.. Mr: Bunchuck - may. accept the Governor's Award~ for Reduction and:Recycling,, on March 4, 1997, and .the necessary expenses for ::travel`.and meals. shall be a legal charge to the Town ;Board and, Solid ..Waste Mariage►nent's 1997-budgets,. 6.-Vote` '.of the ..town* Board.: Ayes: Councilman Moore, Justice Evans; Councilwoman Oliva; Councilman Townsend; Supervisor•Cochran. This!resolution.was duly ADOPTED: SUPERVISOR COCHRAN: 1 would just like to say that Jim Bunchuck, Who As department head of the Landfill, said that the ceremony went very well. `He said it. was ;julck. Southold was called .first, and it was kind of, like-.here' is your award, and so'forth'. I had said to Jim when we did"this to, the.Director caf the DEC one time when we went up there for an award.."n relation ..to,re.c ljng; .we took them one' of our landfill'.hat's, which is that . t bright. red baseball cap, and says, Southold Landfill. 1`said'to Jim'':'take the.,Governor. . .hat. He said, :.okay. So, they were kind of finished`with ., presenting; .and . he 'said,..-just one moment, 1 have something, for..the Governor from our Supervisor, .and Jim said:that he presented him .with the hat, and' know, how you' curl the brim of,a baseball :fiat when' it's.new and; stiff: and he curled 'it..up, and plopped it :on his; -head,, and' : W,,the `f.- . :titalbs went,,off.: 50; hope fully we'll see a picture;':s'omewhere tomorrow With; ahe .Governor :with one of our landfill 'hats on. But,. we are very proud of that department; a_nd' the work they •have done in recyclirna, 4nd 'the"ll"'' uve. have had in `that area., 'i •just wanted to share that :with .you.. , 7:-Moved;,by. ,Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that .the.'Town Board of the Town of Southold hereby approves a. ;revised••.bond :estimate amount from $815,525.00 to $392,985.00 for roads, and`:improvements in the major subdivision of 's• �eac+ Estates, :Nall;.in accordance with. the recommendation of,the: Southold, Town Planning :Board acidthgineering :Inspector Richter. 7.=Vote, of .:the Town. Board.: Ayes: Councilman Moore, Justice,- Evans, Councilwoman -Oliva, Councilman Townsend, Supervisor. Cochran. This:resolution was :duly ADOPTED. 8.:.-Moved�'by .Councilman Townsend, seconded by Councilwoman Oliva, it.was RESOC:VED' that the `Yawn Board. of the Town of Southold hereby approves a revised',bond estimate. amount from $67,275.00 to $55,675.00 for •.roads and' subdivision of Hi h oint Woods at East- Marlon, .,'improvements in the major, 9 p all . in accordance witW.the recommendation of the Southold Town Planning .:Boatd and Engineering Inspector Richter. 81.=Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, . oiJncilman,.Tdwnsdnd, Supervisor'Cochran. Abstain: Councilman Moore. T.his' resolution was duly ADOPTED.