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HomeMy WebLinkAboutMarcus SubdivisionBOND NO. CJ ?1159-~3 BOND KNOW ALL MEN BY THESE PRESENTS, that I, LEON MARCUS of ~~V~ ~NS~R~CE ~MPANY as principal and the ~ New Y rk N 100 2 authorized to do business in the State of New York, having an office and place of business at Wall Street Plaza, New York, NY 10005 as surety are held and firmly bound unto the Town of Southold, Suffolk County, New York as obligee in the sum of Nine thousand one hundred thirty ($9,130.00) Dollars lawful money of the United States of America to be paid to the said obligee, for which payment well and truly to be made, the prinipal and the surety bind themselves, their successors and assigns, jointly and severally firmly by these presents. SIGNED, SEALED AND DATED THIS 7thday of J~le 1984. WHEREAS, the principal has made application to the Planning Board of the Town of Southold for approval and filing of subdivision map entitled, "Minor Subdivision on Map of Land Surveyed for Leon Marcus" situated in the Town of Southold, Suffolk County, New York dated February 16, 1984. WHEREAS, the principal is required by the obligee to construct and faithfully complete water main improvements shown on said subdivision map known as "Minor Subdivision on Map of Land Surveyed for Leon Marcus" prepared by Roderick Van Tuyl and dated February 16, 1984, as required by the Southold Town Planning Board resolution of May 7, 1984, and the resolution of the Southold Town Board made the 22nd day of May, 1984, and; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT if the princpal shall well and truly at its own cost and expense, within two (2) years subject to renewal by the Town Board, from the date hereof construct and install 830 feet of 6" water main in and to the subdivision known as "Minor Subdivision on Map of Land Surveyed for Leon Marcus" as said work is more fully described in the aforesaid resolutions and all in accordance with the construction specifications and rules and regulations of the Town of Southold Town Planning Board, and the Southold Town Board then this obligation to be void; otherwise to remain in full force and effect. PROVIDED that in no event shall the lj~ity of the surety hereunder exceed the penal sum of this bon~. ~,, Leof~rcus, Principal COMMERCIAL UNION INSURANCE COMPANY M. CALECA, ATTORNEY-IN-FACT JUDITH T. TERRY Tovm CLERK REGISTRAROI V[TALSI \lIST[CS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 21, 1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Southold, New York 11971 Dear Bennie: This is to advise you that the Town Board, at their regular meeting held on June 19, 1984, approved the bond in the amount of $9,130.00 submitted by Leon Marcus in connection with the installation of a water main in the Minor Subdivision entitled, "Leon Marcus," located at Greenport, New York. A copy of said bond is attached hereto. Very truly yours, Judith T. Terry Southold Town Clerk Attachment cc: Charles R. Cuddy RECEIVED .JUN i_ 5 ~ ESSEKS, HEFTER, CUDDY & ANGEL Town Clerk Southold June 14, 1984 Chairman of the Planning Board Town of Southold Town Hall Southold, New YOrk Re: Minor Subdivision on Map of Land Surveyed for Leon Marcus Dear Sir: We are enclosing the original bond made by Leon Marcus as principal and the Commercial Union Insurance Company as surety in connection with the Marcus minor subdivision. Your resolution of May 7, 1984 requires submission of this bond. Kindly confirm that the bond meets with the Board's approval and that, upon submission of the signed declaration, a copy of which was previously forwarded to you and the town attorney, that the map will be signed. CRC/ec enc. Very truly yours, Charles R. Cuddy~/ 4 · ' COMMERCIAL UNION INSURANCE COMPANIES NOTARML ACKNOWLEHMENTS INDIVIDUAL STATE OF '~ ~/ O't'''//f~''~ therein, duly commissioned and sworn, personally came L, eorJS , to me known, and known to me to be the person described in and who executed the foregoing instrument and being by me first duly sworn according to law did depose and say that he acknowledged that he executed and delivered such instrument as his voluntary act and deed for the uses and purposes therein mentioned. PARTNERSHIP STATE OF f COUNTY OF ss. On thiq day of , 19~ before me, a Notary Public of the State and County aforesaid, residing therein, duly commissioned end sworn, personally came , personally known to me to be s general partner of the firm of and to me known to be the person described in and who executed the foregoing instrument in the name of said firm, and being by me first duly sworn ac- cording to law did depose and say that he acknowledged that he executed and delivered such instrument as the voluntary act and deed of said firm for the uses and purposes therein mentioned. CORPORATION STATE OF t COUNTY OF ss. On thi~ day of , 19__ before me, a Notary Public of the State and County aforesaid, residing therein, duly commissioned and sworn, personally came , to me known, who being by me first duly sworn according to law, did depose and say that he resides in ; that he is of . the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to such instru- ment is such corporate seal; that it wes so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order; that he executed and delivered such instrument on behalf of said corporation as its voluntary act and deed for tho uses and purposes therein mentioned. G~0810 9-6g POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that the COMMERCIAL UNION INSURANCE CPM PANY, a corporation duly organized and existing under the laws of the Commonwealth of Massachusetts, and having its principal office in the City of Boston, Massachusetts, hath made, constituted and appointed, and does by these presents make and constitute and appoint M. Caleca, C. Rifkin, V. Tirv~and ~muel F~moso ~11 of New York, New York and each of them its true and lawful Attorney-in-Fact, to make. execute, seal an~l deliver for and on its b~,half as ~fety any artd all bonds or undertak~gs of suretyship and other documents that the ordinary course o~ sure~yousxness m~.y requxre, in. cluding co-suretyship, recognizances, stipulations, notices of appearance, waivers of c~tations a~d consents o£ modification of contracts or agreements. and tiae execution o{ suchbonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply, to all intents and purpo~s, as if such bonds were signed by the President, sealed with the corporate seal of the Company, and duly attested by its Secretary, hereby ratifying and confirming all the acts of said Attorney-in-Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant t o and by out hority of the following resolu fions adopted bythe Board of Directors of the CPM MERCIA L UNION INSURANCE COMPANYat a meeting duly called and held on the twenty-seventh day of July, 1972: Resolved: That the President, or any Vice-President, or any Assistant Vice-President, may execute tor and in behalf of the company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary and the seal of the company affixed thereto by the Secretary, or any Assistant Secretary: and that the President. or any Vice-President, or Assistant Vice-President. may appoint and authorize an Attorney-in-Fact to execute on behalf of the company any and all such instruments and to affix the seal of the company thereto; and that the President, or any Vice-President, or any Assistant Vice-President, may at any time remove, any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in-Fact. Resolved; That Attorneys-in-Fact may be given full power and authority to execute forand in the name and on behalf of the company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, a nd any such instrument executed by any such Attorney-in-Fact shall be as binding upon the company as if signed by the President and sealed and attested by the Secretary, and. lurtber, Attorneys-in-Fact are hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts o{ indemnity, and all other writings obligatory in the nature thereof, and are also aut horized and empowered to certify IO a copy of any of the by-laws of the company as well as any resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Attorneys-in-Fact· This power of attorney is signed and sealed by facsimile under the authority of thc following Resolution adopted by the Directors of the COMMERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the twenty-seventh day of July~ 1972: "Resolved: That the signature of the President, or any Vice-President, or any Assistant Vice-President, and the signature of the Secretary or any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Attorneys-in-Fact for purposes only of executing and attesting any bond. undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the company as the original signature of such officer and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed" IN WITNESS WHEREOF, the COMMERCIAL UNION INSURANCE COMPANY. has caused these presents to be signed by its Assistant Vice-President and its corporate seal to be hereto affixed~ duly attested by its Secretary on this 7 t h day of ,] a {~ U ~ r y 19 8 COMMONWEALTH OF MASSACHtrSEITS COUNTY OF SUFFOI.K SS. COMMERCIAl. UNION INSURANCE COMPANY Assistant Vice-President described in and who cxeculed the preceding mslrument, and they acknowledged the execution of the same. and being by me duly sworn, severally and each direction of the said Company. CERTIFICA~/E L the undersigned. Assistant Scerelary of the COMMERCIAL UNION INSURANCE COMPANY. a Massachusetts Cor~oration. do hereby certdy that the Ioregoing power of attorney is in lull force and has n~)t been revoked; and furthermore, that the Resolutions of the Board o~' Directors set forth in the power ~f attorney are now in force. Signed and sealed at the City of Boston. Dated this · '.~..77,, 7th dayof June Andreis ,I (trots Assislant Secretary 3-B2 S:fATE OF NEW YORK COUNTY OF NOV/ York On this 7th day of June ,19 ~ , before me personally appeared M. C&'leca Attorney-in-fact of COMMERCIAL UNION INSURANCE COMPANY, with whom I am personally acquninted, who being by me dulysworn, said that he r~id~ New Yo~k, ~ ; that he is an Attorney-in-fact of COMMERCIAL UNION INSURANCE COMPANY, the Corporation d~cribed in and which executed the within instrument; that he knows the corporate seal of said Corporation; that the seal affixed to the within instrument is such corporate seal; that it was affixed by order of the Board of Dire~o~ of said Corporation; and that he signed said instrument as an Attorney-in-fact of said Corporation by like authority, and that the Superintendent of Insurance of the State of New York has, pursuant to Chapter 882 of the Laws of the State of New Y~k for the year 1939 constituting Chapter 28 of the Consolidated Laws of the State of New York known as the Insurance Laws, issued to COMMERCIAL UNION INSURANCE COMPANY his ce~ificate that said Corporation is qualified to become and be accepted as surety or guarantor on all bonds, undertakings, reco~izanc~, guaranti~ and other obligations required or permitted by law; and that such certificate has not been revoke. as Filed with New York Insurance Department Financial Statement, December 31, 1983 r~o. ,~z-,,g;~ -£5 - ~,- s County ~erm ~pires Batch 30, 1985 ASSETS Bonds amortized and Stocks valued on basis approved by the National - Association of Insurance Commissioners ......................................... $ 1,007,179,433 Cash in Office, Banks and Trust Companies .......................................... Agents' Balances or Uncollected Premiums, not over 90 days due ........................ Duc from Reinsuring Companies ............................................. , ..... Real Estate (Net of Encumbrances) ................................................. Interest and Dividends Duc and Accrued ............................................. Other Assets ..................................................................... 22,135,146 150,068;077 31,090,945 5,952,880 12,697,719 78,095,176 $1,307.219.376 LIABILITIES Reserve for Losses and Loss Expenses ............................................... $ 702,023,056 Reserve for Unearned Premiums .................................................... 285~207,594 Reserve for Expenses and Taxes Due and Accrued .................................... 16,654,455 Funds Held Under Reinsurance Treaties ............................................. 1,667,693 Miscellaneous Reserves ............................................................ 50,543,348 Capital Paid Up ...................................................... $ 6,000,000 Surplus .............................................................. 245,123,230 Surplus as regards Policyholders .................................................... 251,123,230 $1,307.219,376 Securities carried at $4,548,478 in the above statement are deposited as required by law. I, the undersigned, Assistant Vice President of Commercial Union Insurance Company, certify that to the best of my knowledge and belief, the foregoing is a true and correct statement of the financial condition of the said Company, as of December 31, 1983. Given under my hand and the seal of the company, in the City of Boston, Commonwealth of Massachusetts this 5th day of March, 1984. M. Garrett Assistant Vice President Acknowledgment and Justification of Surety, New York State. 3-84