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HomeMy WebLinkAboutAppel, Henry (2) '. ~, JUDITH T. TERRY TOWN CLERK <>. %UffOl.t ~ 5'<)." t'a~~ fS %\\ ::::, :""':'" Cl ~ !..; , (I) :ce .~ ' ~,y ,';',0 _. ~.; ~- ~" ~ Idlea&? REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 12, 1996 > "C "C m [" William J. Klunder 64-06 Myrtle Avenue Glendale, New York 11227 :t: m z ::c -< Dear Mr. Klunder: '" Returned herewith is the performance bond with regard to the major subdivision of Henry Appel, Mattituck, which was released by the Southold Town Board on August 6, 1996. o -I :t: m ::c III Very truly yours, ~z:?t'~ Judith T. Terry Southold Town Clerk Enclosures [j=. ~.,~ ~ --. -~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ lLt~ ,.3. ;060 :0. ~.Q9 , ~ a ..........~;.: <i.. ..,. .~ a of- -It.. ~- a 01. ~~-..~n )> t1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ n U ~ ~ ~ ~ n u ~l r 1'K::::.: UTICA MUTUAL INSURANCE COMPANY Utica, New York PERFORMANCE BOND :I: Cll ::l "' Bond No. SU 1430996 KNOW ALL MEN BY THESE PRESENTS, That we Henry Appel, William J. Kllmder, Francis J. VanManen "" (hereinafter called "Principal"), S? ::T Cll as Principal, and UTICA MUTUAL INSURANCE COMPANY, a New York Corporation, with principal office ;;1 at Utica, New York, and authorized to transact business in the State of New York (hereinafter called "Surety"), as Surety, are held and firmly bound unto Tmvn of Southo1d, Suffolk County, New York (hereinafter called "Obligee"), in the penal sum of Fifty Eig"t Thousand, Seven Hundred Fifty and 00/100--------------------------------------------($58,750.00)------------DO~S, good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this 29th November A.D. 1990 day of WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee, dated the 31st day of October 19 89 covering Subdivision #1000-114-12-14 at Southeast corner of New Suffolk Avenue and Ole Jule Lane in Mattituck which contract is hereby referred to and made a part hereof as fully and to the same extent as If copied at length herein. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, .That if the above bounden Principal shall well and truly keep, do and perf,=,rm, each and e'1ery, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation to be void; otherwise, to be and remain in full force and effect. PROVIDED, however, that this bond is executed by the Surety upon the express condition that no right of action shall accrue upon or by reason hereof to or for the use or benefit of anyone other than the Obligee named herein; and the obligation of the Surety is and shall be construed strictly as SL~ of._~,:!retyship only. Henry Appel, William . - ..u.............h___...._.._...._.:.,~........c.~_..........,.,............ I!rino;i'jl ' -- J..--IQunde:r" FranCls . Van:'hT,en JR~u1lU~~ANCE COMPANY 'I ' - I" jr. / By:...L.(L..1C~....Z-,.-..):{:..~._.:c...I:-tc.{.,K/. Attorney_in_Fad /j ---"'- -".- ,~'-"............~- - Carol \1. KOTI11neye :.. ...- .,.. ..~ ... o u u .... ~}o >U ~... -cJo ,,~.. " UllCA MUTUAL INSURANCE COMPANY NEW HARTFORD. NEW YORK POWER OF ATTORNEY N 297 O. - Know all men by these Presents. the UTICA MUTUAL INSURANCE COMPANY. a New York Corporalion. having Its pnnclpal office In the Town of New Hartford. County of Oneida. State of New York, does hereby make. constitute and appoint Carol M. Kammeyer Utica, New York its true and lawful Attorney(si-,n-fact In their separate capacity if more than one IS named above to make. execute, sign. seal and deliver for and on ItS behalf as surety and as ItS act and deed (without power of redelegatlon) any and all bonds and undertakings and other writings obligatory in the nature thereof (except bonds guaranteeing the payment of pnnclpal and Interest of notes, mortgage bonds and mortgages) provided the amount of no one bond or undertaking exceeds UNLIMlTEDh------h---hu------Dollars (S --UNLIMlTED--I. The execulion of such bonds and undertakings shall be as binding upon said UTICA MUTUAL INSURANCE COMPANY as fully and to all Intents and purposes as if the same had been duly executed and acknowledged by. Its regularly elected officers at ItS Home Office in New Hartford. New York. ThiS Power of Attorney IS granted under and by authority of the follOWing resolution adopted by the Directors of the UTICA MUTUAL INSURANCE COMPANY on the 27th day of November. 1961. r::/eso/ved lhal the i='reSH]em or any vlce.Preslden., In conjunction .....th Ihe Seoe1ar'1' uf an..,. ASSlsl8nl Stterefar'f oe and Ihey .:}te nereoy aulhorueo ana ;,!mW'NtlHiiO 10 aUOUln1 Allorru="so,n.ll:u...l vI Inti ComDGny, In lIs name and as ,tS dl.;[S, lU ~ltecule anu dCknO....j~ge 10f and un 'IS ~najl as Sutet.,. any anc ~d bonas. recoQnr.zanc~s. conuacls 01 Indemm1v and aU olner "'fIImgs oobgalOf',l In the nalute thereof .vtlh power to attach tnerela the seal 01 the Cornean.,. :"ny SUCh "Irlllngs SO P-llecute<J bV suc!"! AIlOtneys.tn.raCI shall be as btndlng upon the Cumoany as 01 they nad been auly acknowledged by the regularly QleCfeQ Ottlt;ers 01 the Cl.lmpany tn their own proper perSOtls 'Now Therefore, the SIQnatures 01 such oitlcers and the seal at the Comeany may be altl)led to any sucn Power of AnOff'lev ov a faCSImile, and any sucn Power of Allorney beaflng SUCh tacSlmlle S1gnalures 01 seal shall be valid ana blnclng upon the Campany_' In Witness Whereof, the UTICA MUTUAL INSURANCE COMPANY has caused these presents to be signed by its Authorized Officers. thiS 701'n day of !lhvpmnpr . 19 -B..!L, StK:relary UTICA MUTUAL INSURANCE COMPANY 1~II/tI~ ~~ f ~~-".---- , PreSlllenl STATE OF I\JEW YORK} COUNTY OF ONEIDA 55; On thiS 20th day of ilbvember. 19~. before me, a Notary Public In and for the State of New York, personally came WALLACE H. WATKINS and JOHN P. SULLIVAN to me known, who acknowledged execution of the preceding Instrument and, being by me duly sworn, do depose and say, that they are PreSident and Secretary respecnvely of UTICA MUTUAL INSURANCE COMPANY; and that the seal affixed to said Instrument is the corporate seal of UTICA MUTUAL INSURANCE COMPANY; and that said corporate seal IS affixed and their signatures subscribed to said Instrument by authonty and order of the Board of Directors of said Corporation. In Testimony Whereof. I have hereunto set my hand at New Hartford. Written, 55: "IOlarY;:'U()h': STATE OF \JEW YORK 1 COUNTY OF ONEIDA J ':,.... --.-..IC _'_-:::J.r.'.:.. '._ ,'.1- ., . <...: \ UTICA MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT AS OF DECEMBER 31,1989 From Annual Report Filed with New York Insurance Department ASSETS LIABILITIES AND SURPLUS U.S. Governmental Direct and Guaranteed Bonds $ All Other Bonds . . . . .. . .. . .. .. . .. .. .. Stocks .. .. .. .. .. . Mortgages . . . . . . . . . . . Cash ................................. Eouities & Deposits in Pools and Associations .. Premiums in Course of Collection ......... Interest Due and Accrued ... Other Admitted Assets ..... 267.250.696 632.618.576 31.596.286 .0- 8.512.217 18.630.625 44.211.201 20.864.614 n.691.104 Total Admitted Assets $1 , 101.195,319 Surplus Funds: Dividend Reserve ....... General VOluntary Reserve SpeCial Contingent Surplus Divisible Surplus ....... Surplus as regards Policyholders Total Reserve for All Losses .......... Unearned PremIums .... Reserve for Claim Expense Dividends .,........... Taxes Accrued ..........' Federal Income Tax ....... Miscellaneous Accounts Payable $ 552.328.468 187.271.411 117019.405 6.830.540 7,349.323 784.801 59.089.405 $ 930.673.353 Total Liabilities $ 1.101.027 1.500.000 1.700.000 166.220.939 170.521,966 $ 1.101.195.319 STATE OF NEW YORK COUNTY OF ONEIDA ss: WALLACE H. WATKINS, President of the UTICA MUTUAL INSURANCE COMPANY. New Hartford. New York, being duly sworn, says that he is the above described officer of said Corporation, and that on the 31st day of December, 1989, all of the assets shown above were the absolute property of the said Corporation, free and clear from all liens or claims thereon except as above stated, and that the foregoing statement is a full and true exhibit of all assets and liabilities of the said Corporation at the close of business December 31, 1989, according to the best of his knowledge, information and belief. Subscribed and sworn to before me the Cf-<Uff>f.ct :F~'ad.~' .' RDSEM^RY WADAS Nata.v il'uOlic In It.e State of New York "'"pointed in Oneida County 9 0 My Commission fxplr.. ~,il 30. 19.._ 8-8-50 Ed. 2-90 !JI4!Jw II ~ Pres/dent Attest n, .~ j ~ ~ ~~-u..J J Secretary , , / L/ UTICA MUTUAL INSURANCE COMPANY NEW HARTFORD, NEW YORK I -?....- L/ GENERAL AGREEMENT OF INDEMNITY This Agreement entered into by and between the undersigned, herein called the Indemnitors, and the Utica Mutual Insurance Company of New Hartford, New York, herein called the Company, witnesseth: WHEREAS, in the transaction of business certain bonds, undertakings and other writings obligatory in the nature of a bond have heretofore been, and may hereafter be, required by, for, or on behalf of the Indemnitors or anyone or more of the parties included in the designation Indemnitors, and application has been made and will hereafter be made to the Company to execute such bonds, and as a prerequisite to the execution of such bond or bonds, the Company requires complete indemnification. NOW, THEREFORE, in consideration of the premises, and the payment by the Company of the sum of One ($1.00) Dollar to each of the Indemnitors, receipt whereof is hereby acknowledged, and for other good and valuable considerations, the lndemnitors do, for themselves, their heirs, executors, administrators and assigns, jointly and severally, agree with the Company as follows: 1. The Indemnitors will pay to the Company, at its Home Office in the Town of New Hartford, New York, premiums and charges at the rates, and at the times specified in respect to each such bond in the Company's schedule of rates, which, with any additions or amendments thereto, is by reference made a part hereof, and will continue to pay the same where such premium or charge is annual, until the Company shall be discharged and released from any and all liability and responsibility upon and from each such bond or matters arising therefrom, and until the Indemnitors shall deliver to the Company at its Home Office in New Hartford, New York, competent written evidence satisfactory to the Company of its discharge from all liability on such bond or bonds. 2. The Indemnitors will indemnify and save the Company harmless from and against every claim, demand, liability, cost, charge, suit, judgment and expense which the Company may payor incur in consequence of having executed, or procured the execution of, such bonds, or any renewals or continuations thereof or substitutes therefor, including fees of attorneys, whether on salary, retainer or otherwise, and the expense of procuring, or attempting to procure, release from liability, or in bringing suit to enforce the obligation of any of the Indemnitors under this Agreement. In the event of payments by the Company, the Indemnitors agree to accept the voucher or other evidence of such payments as prima facie evidence of the propriety thereof, and of the lndemnitors' liability therefor to the Company. 3. If the Company shall set up a reserve to cover any claim, suit or judgment under any such bond, the Indemnitors will, immediately upon demand, deposit with the Company a sum of money equal to such reserve, such sum to be held by the Company as collateral security on such bond, and such sum and any other money or property which shall have been, or shall hereafter be. pledged as collateral security on any such bond shall, unless otherwise agreed in writing by the Company, be available, in the discretion of the Company, as collateral security on any other or all bonds coming within the scope of this Agreement. 4. The Indemnitors immediately upon becoming aware of any demand, notice, or proceeding preliminary to determining or fixing any liability WIth which the Company may be subsequentiy charged under any such bond, shall notify the Company thereof in writing at its Home Office in the Town of New Hartford, New York. 5. The Company shall have the exclusive right to determine for itself and the Indemnitors whether any claim or suit brought against the Company or the Principal upon any such bond shall be settled or defended and its decision shall be binding and conclusive upon the Indemnitors. 6. The Company, and its designated agents. shall, at any and all reasonable times. have free access to the books and records of the Indemnitors. 8-8-35 Ed. 4.75 7. If such bond be given in connection with a contract, the Company is hereby authorized, but not required, to consent to any change in the contract or in the plans or specifications relating thereto: to make or guarantee advances or loans for the purpose of the contract without necessity of seeing to the application thereof. it being understood that the amount of all such advances or loans, unless repaid with legal interest by the Contractor to the Company when due, shall be conclusively presumed to be a loss hereunder; in the event the Indemnitors, or any of them, shall fail to pay any premium charge when due; or abandon, forfeit or breach such contract; or breach any bond given in connection therewith; or fail, neglect or refuse to pay for any labor or materials used in the prosecution of such contract; or have proceedings instituted against them, or any of them, alleging that they are insolvent, or for the appointment of a receiver or trustee for the benefit of creditors, whether such lndemnitor(s) are insolvent or not; or have proceedings instituted against them, or any of them, the effect of which may be to deprive any of them of the use of any part of the equipment used in connection with the work under the contract so as to hinder, delay or impede the normal and satisfactory progress of the work, the Company shall have the right, but not the obligation, to take possession of the work under the contract and under any other contract in connection with which the Company has given its bond or bonds within the purview of this General Agreement of Indemnity and, at the expense of the Indemnitors, to complete the contract(s), or cause, or consent, to the completion thereof. The Indemnitors hereby assign, transfer, and set over to the Company (to be effective as of the date of such bond or bonds, but only in the event of a default as aforesaid), all of their rights under the contract(s), including their right, title and interest in and to all subcontracts let in connection therewith; all machinety, plant, equipment, tools and materials which shall be upon the site of the work or elsewhere for the purposes of the contract(s), including all materials ordered for the contract(s), any and all sums due under the contract(s) at the time of such default, or which may thereafter become due, and the Indemnitors hereby authorize the Company to endorse in the name of the payee, and to receive and collect any check, draft, warrant or other instrument made or issued in payment of any such sum, and to disburse the proceeds thereof. 8. That it shall not be necessary for the Company to give the Indemnitors, or anyone or more of them, notice of the execution of any such bonds, nor of any fact or information corning to the notice or knowledge of the Company affecting its rights or liabilities, or the rights or liabilities of the Indemnitors under any such bond executed by it, notice of all such being hereby expressly waived. 9. In the event of any claim or demand being made by the Company against the Indemnitors, or anyone or more of the parties so designated, by reason of the execution of a bond or bonds, the Company is hereby expressly authorized to settle with anyone or more of the Indemnitors individually, and without reference to the others, and such settlement or composition shall not affect the liability of any of the others, and we hereby expressly waive the right to be discharged and released by reason of the release of one or more of the joint debtors, and hereby consent to any settlement or composition that may hereafter be made. 10. The Company is not required, by reason of any applications for a bond or by reason of having issued a previous bond or bonds or otherwise, to execute or procure the execution of or participate in the execution of any such bond or bonds and the Company, at its option, may decline to execute or to participate in or procure the execution of any such bond without impairing the validity of tltis General Agreement of Indemnity. II. If the Company procures the execution of such bonds by other companies, or executes such bonds with cosureties, or reinsures any portions of such bonds with reinsuring companies, then all the terms and conditions of tltis Agreement shall apply and operate for the benefit of such other companies, cosureties and reinsurers as their interest may appear. 12. The liability of the Indemnitors hereunder shall not be affected by the failure of the Principal to sign any such bond, nor by any claim that other indemnity or security was to have been obtained, nor by the release of any indemnity, or the return or exchange of any coUateral that may have been obtained and if any party signing this Agreement is not bound for any reason, this Agreement shall still be binding upon each and every other party. 13. These covenants herein and also all collateral security, if any, at any time deposited with the Company concerning the said bond or bonds and any other former or subsequent bonds executed for the Indemnitors at their instance shall, at the option of the Company, be available in its behalf and for its benefit as well concerning any bond or undertaking applied for, and also concerning all other former or subsequent bonds and undertakings, executed for the Indemnitors or for others at their request. \ 14. "This Agn:~ement may be terminated by the Indemnitors, or anyone or more of the parties so designated, upon written notice sent by regist,,,ed mail to the Home Office of the Company, P.O. Box 530, Utica, New York 13503, of not tess than twenty (20) days, but any such notice of termination shall not operate to modify, bar or discharge the liability of any party hereto, upon or by reason of any and all such obligations that may be then in force. 15. Indemnitors agree that their liability shall be construed as the liability of a compensated Surety, as broadly as the liability of the Company is construed toward its obligee. 16. THE INDEMNITORS HEREBY ACKNOWLEDGE THAT THIS AGREEMENT IS INTENDED TO COVER WHATEVER BONDS, WHETHER OR NOT COVERED BY ANY APPLICATION SIGNED BY ANY ONE OR MORE OF THE INDEMNITORS WHICH MAY BE EXECUTED BY THE COMPANY ON BEHALF OF THE INDEMNITORS, OR ANY ONE OF THEM, FROM TIME TO TIME, AND OVER AN INDEFINITE PERIOD OF YEARS UNTIL THIS AGREEMENT SHALL BE CANCELLED IN ACCORDANCE WITH THE TERMS HEREOF. 17. This General Agreement of Indemnity applies to bonds, undertakings and other writings obligatory in nature of a bond written by Utica Mutual Insurance Company of New Hartford, New York on behalf of Henry Appel, William J. Klunder, Francis J. VanManen 18. IN TESTIMONY WHEREOF, the Indemnitors have hereunto set their hands and affixed their seals this day of Nobember 29, 19 90 .~ ~I n\ i,.\.\ I I .~r,,\ I L;,;-.{~ ~p-j)), ~)' /) .... ( ~:~~ :'Win 55 State ~ i ./'''.',\1\ t:>O"i, City State J \/ Street or P. O. Box City State Witness Street or P. O. Box City State Witness Street or P. O. Box City State .--, I ,~,.. ~:-'- /. . - '..- \_"~.... ~.' '/'/- .', ,-!/.~~ 'f .~...-: ./ Henry Appel' - Ind0idual (L. S.) St""t or P. O. Box City State )IUUJ--i~ (L,S.) William J. under - Indlndual Slte.e.!., or P. O. Box City State ~\ l/---. i .-.... .~./) ~ \1- (L.S.) / Francis J. V~en - Individual Street or P. O. Box City State (L. S.) Street or P. O. Box City State (L. S.) Street or P. O. Box City State FORMS OF ACKNOWLEDGMENT WILL BE FOUND ON THE REVERSE SIDE. On this........ " . , ~ ...L> .;...~........:!..,...~;J>. .~\tAe.~l~>mm.mmmmm I ss: ~ ~ 11' IV~I'\f'.)..)~' g; .........:V>.S................. ......................day of.....................;",.\l.I..t\.JJ....I:\.....................................l9......I.!,,;. belore me personally came ~ , STATE OF. . COUNTY OF.. :> " ... o <0 ~ .... ........ .. .. ...... . ........ .. ...... '" .......... ....... ........m.. ........ ......... ...... .............. .-........- .. ...............m.... . ............. .... .. .. . 'ffj'z'li S- .to me known, and known to me to be the individual)who executed the loregoing[;l'nst e~t, and acknowledged that he "6 ~ n executed the same. / ~.. : '\ = 'I ~. '. I - ....._................s.~~.~,\J.. ........1 ....:....11.....'.... .... m . J.J IMul :I. I!I'KUM NtII'l' Publi~ ~ '" Now toll< NIt 41.7!398!o ~~ _o-._u --- - I. e~31,I'JtJe .. .m.Herrryf\.pp~LJ~t],Jt.W\1...J..,...JQlJP..Q~r....r..r;IDce.$....J.,.VanManen...m... COUNTY OF...............m...........................................m............... ~ "" .. On thism..........................._.....m........._.................m....................day of......................m ...................._.....__......................._...19..m......., before me personally came ::; o n :! ........................m.._............................................................_......_....................................................___._..._...............................................................................................m................................ oS' :> ..............................................m..._......m...........m...................................................m.........................._...._.__..........................m....................................................................................................!*- to me known, and known to me to be one 01 the firm of............................_....__..................................................m................................m...........................m.. i n Co ..............................................._................................................__................................................m..._............._..___..............._.._............................................................................................m..'S n o - J 55: STATE OF.....................................m...................................... and acknowledged that he executed the foregoing instrument as the act 01 the said firm. ....__...._...H..._....MM.....__...._................................................................... ::::;F ~~:.:.......::::.~........:.::.:::.....::.::.:...:.:..:::..... ..............:..:...:....:.:....:....1 55: On this.....................................................................m....................day 01..........._.............._.......__......_.............._..._................19............, before me personally came ................................_......................................................_.....__.........._................_.__.........__._______..........._.........._..............................m................................................................~ 1 - 6' o i1:' ... ~ ;; Co 1 a ................................H....................._..............._................_................................................__..........._...~._._._..__.........._....__.__......H...._................M.........._.........._..........-................... to me known, who, being by me duly sworn, did depose and say that he resides in........................................,....................................................... ..................................................................H...__.._..._...._...._.............._._..............___..__.._...__.............._.._...H.........._...._...H.....................................-...................................................... that he is the..................................................................... ........................................................................................................................................of the................................... .....................................................................................................................................................................................................................................................................................the corporation which executed the foregoing instrument; that he knows the seal 01 the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order 01 the Board 01 Directors 01 the said corporation, and that he signed his name to the said instrument by like order. -..-.-..---..........-................-....-................-......................-........................................ . , I . \ JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 6, 1996: RESOLVED that the Town Board of the Town of Southold hereby authorizes the release of the $58,750.00 performance bond for major subdivision of Henry Appel, Mattituck, all in accordance with the recommendation of the Southold Town Pianning Board and Engineering Inspector Richter. 4,/h#~ ~~~ Terryt/ Southold Town Clerk August 7, 1996 '" GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD MEMBERS RICHARD G. WARD Chairman PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 30, 1996 Judith Terry, Town Clerk Southold Town Hall Main Road Southold, NY 11971 RECflVED r ' , ^ ,1996 Re: Major subdivision for Henry Appel SCTM# 1000-114-12-14.7 Soutbld T')wn C'~rk Dear Ms. Terry: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, July 29, 1996: BE IT RESOLVED that the Southold Town Planning Board recommend that the Town Board release the Performance Bond Number SU1430996 for $58,750.00 for the above mentioned subdivision. All required improvements have been completed. Sincerely, i&ckd r:I-- $~/& Richard G. WafrJ Chairman enc. cc: Ray Jacobs, Superintendent of Highways James Richter, Engineering Inspector , . I ?ax. (S16) -765-1750 D RAYMOND L. JACOBS JAMES A. RICHTER, R.A. SUPERINTENDENT SOUT:qOLD TOWN HIGHWAY DEP}\.R.TMENT ENGINEERING INSPECTOR PECONIC ~~, PECONIC, N.Y. Tel. (515)-755-3070 OffiCE OF THE ENGINEER TOWN OF SOUTHOLD 5U-r:;;F ti-i5 ff3 JULY 25, 1996 Richard G. Ward Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Major Subdivision for Henry Appel Ole Jule Lane, Mattituck, New York SCTM #: 1000-114-12-14.7 Dear Mr. Ward: As per your request, I have conducted a final inspection of the above referenced subdivision. All of the required construction items concerning this project have been satisfaCtorily completed. If you have any questions concerning this report please contact my office. cc: Raymond L. Jacobs (Superintendent of Highways) !]CeljJ ilk /~. Richter, R.A. / / L/ . -.___0_____...._.___'. ."_,__ __'V-__"_._ ._-._....:.. 2 5 . ,- ':. ....: a U.;.. "-~"':( a II A:::"",.HI=t>lR: F. ~~HI=R~ .. ~ " a 4' ... ~"::>I- UTICA MUTUAL INSURANCE COMPANY Utica. New York PERFORMANCE BOND Bond No. SU 1430996 I I I . ] J ~ ~ KNOW ALL MEN BY THESE PRESENTS, That we Henry Appel, William J. Khmder, Francis J. VanManen (hereinafter called "Principal"), as Principal, and UTICA MUTUAL INSURANCE COMPANY,aNewYorkCorporation,withprincipaloffice at Utica, New York, and authorized to transact business in the State of New York (hereinafter called "Surety"), as Surety, are held and finnly bound unto Town of Southo1d, Suffolk County, New York (hereinafter called"Obligee"),in the penal sum of Fifty Eight Thousand, Seven Hundred Fifty and 00/100--------------------------------------------($58,750.00)------------DOLld\RS, good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally I firmly by these presents. SEALED with our seals aDd dated this 29th day of November A.D. 1990 WHEREAS, the above bounden Principal has entered into a certain written contract with the above named covering .1 Subdivision #1000-114-12-14 at Southeast corner of New Suffolk Avenue , and Ole Jule Lane in Mattituck 31st day of October 19 89 Obligee, dated the ~ ~ which contract is hereby referred to and IJ1ade a part hereof as fully and to the same extent as if copied at length herein. ~ ~ ~ ij YH ij l- NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS'SUCH, .That if the above .. . bounden Principal shall well and truly keep, do and perf"rm, each and e~erY, all and sIngular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation to be void; otherwise, to be and remain in full force and effect. lf~ 1~ Appel, " "11" 8-&-106 Eel. '.69 .~ .~ .~ .oly ..... -'" .u.. .~ . ., " UTiCA MUTUAL INSURANCE COMPANY NEW HARTFORD. NEW YORK No. 297_ POWER OF ATTORNEY Know all men by these Presents. the UTICA MUTUAL INSURANCE COMPANY. a New York Corporation. having Its pnnclpal office in the Town of New Hartlord. County of Oneida. State of New York. does hereby make. constitute and appoint Carol M. Korruneyer Utica, New York its true and lawful Attorney(s).in.fact In their separate capacity if more than one is named above to make. execute. sign. seal and deliver for and on its behalf as surety and as its act and deed (without power of redelegatlon) any and all bonds and undertakings and other writings obligatory in the nature thereof (except bonds guaranteeing the payment of principal and interest of notes, mortgage bonds and mortgages) provided the amount of no one bond or undertaking exceeds UNLIMlTED-----------------------Dollars ($ --UNLIMITED--i. The execution of such bonds and undertakings shall be as binding upon said UTICA MUTUAL INSURANCE COMPANY as fully and to all intents and purposes as if the same had been duly executed and acknowledged by its regularly elected officers at its Home Office in New Hartlord. New York. This Power of Attorney is granted under and by authority of the following resolulion adopted by the Directors of the UTICA MUTUAL INSURANCE COMPANY on the 27th day of November. 1961. .Reso/lled thai the PreSllJenl or any VlCe.Presldenl, In conluncllOn ..,llh the Secretary or any ASSISlanl Sdcrelary be and they are hereby aulhonled ana ItmOU""dred 10 8IJpolnt AIlOrtlltys-m-t.:u.;t vI lhl:! Company, In liS name and dS liS a,l,;IS. to execule ano dcknO'l'lIYtlge rOt ano un 'IS (.M::tnClll as Surely any an~ ail bonos. recOl;lnl.lanCdS. contracts 01 Indemnny and all alher wflllnQS obhgalory In the nature thereol <'WIth POWI:t' fa allach therelo lhl:! seal of the Company Any such NrillOgs so elleculed by such AlIomeys-tn-lacl shall be as btndi",~ upon the Company as It fhey had been Quly acknowleQged by the regularly elected Olllcers 01 Ihe Cumpany In Ihelf o.",n proper persons "Now Therefore_ the $lonatures 01 such officers and the seal of the Company may be altl)(ed to any sucn Power 01 AlIorney by a lacslmlle, and any SUCh Power 01 AlIomey bearlnQ such IaCSlmlle SlQnalures 01 seal shall be valid and blndu\Q upon the Company_ ~ In Witness Whereof. the UTICA MUTUAL INSURANCE COMPANY has caused these presents to be signed by its Authonzed Officers. this ?Otn day of Jlhv"mn",.. . 19.8.!L. ~f~ Secretary UTICA MUTUAL INSURANCE COMPANY I~II/IJ~ PreSIde", STATE OF NEW YORK} COUNTY OF ONEIDA 5S: On this 20th day of }bvember. 19.J!..2..... before me. a Notary Public In and for the State of New York. personally came WALLACE H. WATKINS and JOHN P. SULLIVAN to me known. who acknowledged execution of the preceding instrument and. beIng by me duly sworn. do depose and say. that they are President and Secretary respectively of UTICA MUTUAL INSURANCE COMPANY; and that the seal affixed to said instrument is the corporate seal of UTICA MUTUAL INSURANCE COMPANY; and that said corporate seal IS affixed and their signatures subscribed to said Instrument by authOrity and order of the Board of Directors of said Corporation. In Testimony Whereof. I have hereunto set my hand at New Hartlord. New York. th written. (~) ~..,,~ ~6~~;~~~~~g~K} ss ~/~II * ~~l ~J.:'~~..J~~,,:':.". ':"",;:":"..~" -:'",~_ I. JOM D. Yonkers Assistant Secretary of the UTICA MUTUAL INSURANCE COMPANY do hereby certify that the foregOing IS a true and correct copy of a Power of Attorney. executed by said UTICA MUTUAL INSURANCE COMPANY. which IS stili In full force and effect. , . In Witness Wherenf. I have hereunto set my hand and affixed the Seal of the said Corporation at New Hartford. New York. thIS Z9th day of November . 19~ . '. . / ;r-:~d"', 8-8-2 REV Ea .HS9 " . - ", UTICA MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT AS OF DECEMBER 31,1989 From Annual Report Filed with New York Insurance Department ASSETS LIABILITIES AND SURPLUS U.S. Governmental Direct and Guaranteed Bonds $ AIIOtherBonds ........................ Stocks ................................ Mortgages ............................ Cash ................................. Equities & Deposits in Pools and Associations .. Premiums in Course of Collection ........... Interest Due and Accrued .................. OtherAdmilledAssets ................ 267.250.696 632.616.576 31.596.266 ..().. 6.512.217 16.630.625 44.211.201 20.684.614 n.691.104 Reserve for All Losses ............... Unearned Premiums ................. Reserve for Claim Expense ........... Dividends ......................... Taxes Accrued ..................... Federal Income Tax .......... Miscellaneous Accounts Payable ... Total Liabilities $ 552.328.468 187.271.411 117.019.405 6.830.540 7.349.323 784.801 59.089.405 $ 930.673,353 Total Admitted Assets ........ $1.101.195.319 Surplus Funds: Dividend Reserve .............. $ 1.101.027 General Voluntary Reserve ....... 1.500.000 Special Contingent Surplus ....... 1.700.000 Divisible Surplus ............... 166,220.939 Surplus as regards Policyholders ........... 170.521,966 Total........................ $1.101.195,319 STATE OF NEW YORK COUNTY OF ONEIDA ss: WALLACE H. WATKINS, President of the UTICA MUTUAL INSURANCE COMPANY, New Hartford, New York, being duly sworn, says that he is the above described officer 01 said Corporation, and that on the 31st day 01 December, 1969, all 01 the assets shown above were the absolute property 01 the said Corporation, Iree and clear Irom all liens or claims thereon except as above stated, and that the loregoing statement is a lull and true exhibit 01 all assets and liabilities of the said Corporation at the close 01 business December 31, 1989, according to the best 01 his knowledge, inlormation and belief. Subscribed and sworn to belore me the q~-<U/Y>t.cL:r--L01ad.~1 !JI~II~ President .' ROSEM^RY WADAS Notary Public In u,. State or Ne. YOtk Appointed in Oneida County <:;" VYComlft,..lon bplr.. Aplll JO.l'..~ Attest ~ p L~-e~ Secretary 8-B-50 Ed. 2-90 " PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards ,f ''i>UfFDlt'~ . /",,,~ t'" .., \) ~'Io) ," v.....~ ,- l;(,-~ ~-'i\ i,13 ~~\! :.)0' ~ '0 en ~\'O .. "", 4~ 'l~_,' ", /10.1 .' ',', ,jjr '-r~'L.:?>?~.:::o^ ,. scon L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Certified Mail: Henry Appel William J. Klunder Francis J. Van Manen P.O. Box 1199 Southold, New York 11971 December 6, 1991 RR1~ DEe 9 1991 Southold T ^,..~ ,.,.... Re: Performance Bond 1I SU 1430996 Dear Messeurs Appel, Lunder and Van Manen: The Town of Southold is in possession of Performance Bond No. SU 1430996 from the Utica Mutual Insurance Company for a residential subdivision known as Henry Appel Subdivision located in Mattituck, New York, a copy of which is enclosed herewith. The purpose of this letter is to confirm our understanding that this Performance Bond, which was effective November 29, 1990, and was accepted by the Town Board on January 22, 1991, has been extended automatically through November 29, 1992. If such is not the case, please notify this office in writing by noon of January 8, 1991. If you have any concerns or questions, please do not hesitate to contact Valerie Scopaz, Town Planner at 765-1938. Sincerely, ~?ffiU!.d tlUt~u- / '1-1cZS Bennett Orlowski, Jr. Chairman cc: Judi th 'r. Terry, Matthew Kiernan, Town Clerk J Assistant Town Attorney " , ( r""~=:>I- ... II"-::_____~ ... II' "'- .'.---A~ .~ .~ -='....)1. :> .1 ~ UTICA MUTUAL IU~a,~e~y~ANCE COMPANY ~ ~ n PERFORMANCE BOND ~., n U Bond No. SU 1430996 ~ U n KNOW ALL MEN BY THESE PRESENTS, That we '" n U Henry Appel, William J. Klunder, Francis J, VanManen (hereinafter called "Principal"), ~ U ~ as Principal, and UTICA MUTUAL INSURANCE COMPANY,aNewYork Corporation, with principal office ~ ~ n at Utica, New York, and authorized to transact business in the State of New York n U (hereinafter called "Surety"), as Surety, are held and firmly bound unto TOlvn of Southo1d, U n Suffolk County, New York ~ U (hereinafter called "Obligee"), in the penal sum of Fi fty Eigl,t Thousand, Seven Hundred Fifty and 00(100--------------------------------------------($58,750.00)------------DOLLARS, n good and lawful money of the United States of America, for the payment of which, well and truly to be made, we n ~ ~~~~e:'::~elves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these ~ U SEALED with our seals and dated this 29th day of November A.D. 1990 U ~ o,,'=:~ ili. .00::- Prind"': :w,," moo. OO':::~~~ ,,".=. mili ili..OO":::7 ~ U covering Subdivision #1000-114-12-14 at Southeast corner of New Suffolk Avenue U ~ ~~~~~~~ ~ ~ ~ n which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length n U herein. U ~ NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS 'SUCH,:TI>at if the above ~ bounden Principal shall well and truly keep, do and perbrm, each and every, all and si';gular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time ~ and in the manner in said contract specified, and shall pay over, make good and reimburse to the above named ~ Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation to be void; otherwise, to be and remain in full force and effect, n PROVIDED, however, that this bond is executed by the Surety upon the express condition that no right n U of action shall accrue upon or by reason hereof to or for the use or benefit of anyone o'ther than the Obhgee U n By:_.....aJzq{L/)_..>f:iliLi.ki~-? ....__.~- U Atto.roey-in_FCld L l- ~.. .~ .~ .~ ... .. .. __ .. .. caro~~=~., ..J 8-1-106 Ed. 9-69 v~ l~ Appel, William "' . UTiCA MUTUAL INSURANCE COMPANY NEW HARTFORD. NEW YORK No. 297_ POWER OF AlTORNEY Know all men by these Presents. the UTICA MUTUAL INSURANCE COMPANY, a New York Corporalion, having Its principal office In the Town of New Hartford, County of Oneida. State of New York, does hereby make, constitute and appoint Carol M. Korruneyer Utica, New York its true and lawful Attorney(s)'IO.fact In their separate capacity If more than one IS named above to make. execute. sign, seal and deliver for and on its behalf as surety and as ItS act and deed (without power of redelegatlon) any and all bonds and undertakings and other writings obligatory in the nature thereof (except bonds guaranteeing the payment of prinCipal and Interest of notes, mortgage bonds and mortgages) prOVided the amount of no one bond or undertaking exceeds UNLIMlTED------n----n----n---Dollars ($ --UNLIMlTEDnl. The execution of such bonds and undertakings shall be as binding upon said UTICA MUTUAL INSURANCE COMPANY as fully and to all intents and purposes as if the same had been duly executed and acknowledged by its regularly elected officers at ItS Home Office in New Hartford, New York. This Power of Attorney IS granted under and by authOrity of the following resolution adopted by the Directors of the UTICA MUTUAL INSURANCE COMPANY on the 27th day of November. 1961. "Resolved thaI Il'1e PreSloent many Vlce.Presldent. In conlunctlon ~ilh the S030elary \). anll Assistant S03cfeldry oe dn(] they ale hereDy aulhontea dno l:!mtJOo'f~rli:lJ to <lUQuml Allorf\t='~S-ln.t<ll.t ul [hI::! COmJ,ld'IY, In Its name and <:IS lIS <H.IS. Iu eJU;:f,;ule ilOU dcknO....Il::!oqe lor anu un ,t~ utinall as SurelY any dOU <II! bonas. recogmlanCI!S. COnlraclS of ,ndernnll", and all other wlltlngs oDllgalorv ,n the nature tl'1e'eol ...Ilh POWl:If 10 atlacn thereto tht:! seal ot the Comoany Any Such "'flllngs so e"ecuted by such Attorneys-tn.tact shall be as t>>ndlng upon the Company as .1 tney nad been Ouly acknowledged by the regularly elected Qltu.;ers 01 me Company In melr o.....n proper persons 'now Therefore, the sJgnatures at such officers and the seal 01 the Company may be altllted to any such Pow~r 01 Allornev by a lacSlmlle, and any sucn Power 01 Allorney beating such raCSlmlJe signatures or seal shall be ...ahd and btndlng upon tne Company" In Witness Whereof, the UTICA MUTUAL INSURANCE COMPANY has caused these presents to be Signed by its AuthOrized Officers. this lOt h day of Nrnrpmhpr , 19 ..8..9... . St:!crelary UTICA MUTUAL INSURANCE COMPANY Idk.tll /II~ k f J-.-,,~~ , PreSld~nl STATE OF NEW YORK '} COUNTY OF ONEIDA ss: On this 20th day of November, 19 ~, before me, a Notary Public In and for the State of New York, personally came WALLACE H. WATKINS and JOHN P. SULLIVAN to me known, who acknowledged execution of the preceding instrument and, being by me duly sworn, do depose and say, that they are PreSident and Secretary respeclively of UTICA MUTUAL INSURANCE COMPANY; and that the seal affixed to said instrument IS the corporate seal of UTICA MUTUAL INSURANCE COMPANY; and that said corporate seal IS affixed and their signatures subScribed to said instrument by authOrity and order of the Board of Directors of said Corporallon. In Testimony Whereof, I have hereunto set my hand at New Hartford, New York. th written. 55: . ",. ., NOlary puw.'; -,.......', STATE OF NEW YORK} COUNTY OF ONEIDA ''':r,,":,.' -, ... '_'~.:nr_,:.,'.';. .,., .q l '" '- ,"'.',. '" .~~;.::.. ......... ..!...L_ I, John D. Yonkers ASSistant Secretary of th8 UTICA MUTUAL INSURANCE COMPANY do hereby certify that the foregolO9 IS a true and correct copy of d Power of Attorney. executed by said UTICA MUTUAL INSURANCE COMPANY, which IS stili In full force and eHect. In Witness Where.of. I have hereunto set my hand and aHlxed the Seal of the said Corporation at New Hartford. New York. this Z9th day of November . '9~ . ~~ri" l! B-2 ~EV Ell J.d9 -';' UTICA MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT AS OF DECEMBER 31.1989 From Annual Report Filed with New York Insurance Department ASSETS LIABILITIES AND SURPLUS U.S. Governmental Direct and Guaranteed Bonds $ All Other Bonds ........................ Slacks ................................ Mortgages ............................ Cash................................ . Equities & DeposIts in Pools and Associations .. PremIums in Course of Collection ........... Interest Due and Accrued ............... Other Admitted Assets ............... 267,250,696 632.618,576 31,596,286 -0- 8.512,217 18,630,625 44,211,201 20.684,614 77.691,104 Reserve for All Losses ........... Unearned Premiums _........... Reserve for Claim Expense Dividends ......................... Taxes Accrued .......,............. Federal Income Tax ............. Miscellaneous Accounts Payable $ 552,328,468 187,271,411 117,019.405 6,830,540 7,349,323 784.801 59.089,405 Total Liabilities .. $ 930673.353 Total Admitted Assets ........ $1 , 101 , 195,319 Surplus Funds: OividendAeserve .............. General Voluntary Reserve ....... Special Contingent Surplus ..,.... DiviSIble Surplus .......... Surplus as regards Policyholders $ 1,101,027 1,500,000 1,700,000 166,220.939 170,521.966 Total ..................... $ 1,101.195.319 STATE OF NEW YORK COUNTY OF ONEIDA ss: WALLACE H. WATKINS, President of the UTICA MUTUAL INSURANCE COMPANY, New Hartford, New York. being duly sworn, says that he is the above described officer of said Corpotatlon, and that on the 31st day of December, 1989, all of the assets shown above were the absolute property of the said Corporation, free and clear from all liens or claims thereon except as above staled, and thai lhe foregOIng statement is a full and true exhibit of all assets and liabIlities of the said Corporation althe close of business December 31, 1989, according to the best of his knowledge. information and belief. Subscribed and sworn to before me the q'<U /Y>LcI..:tJ.L-' a.d.~, (JI~II~ PreSident .' ROSEM^RY WADAS Notary Public In the Slate 0' New VOIla Appointed in Oneida Counly 90 UyCommlnlon b.plresAplllJO, 19,._ Attest ~ p ~~~~ Secretary 8-B-50 Ed. 2-90 " . JI-/ ,.; c' / f {b UTICA MUTUAL INSURANCE COMPANY NEW HARTFORD, NEW YORK GENERAL AGREEMENT OF INDEMNITY This Agreement entered into by and between the undersigned, herein called the Indemnitors, and the Utica Mutual Insurance Company of New Hartford, New York, herein called the Company, witnesseth: WHEREAS, in the transaction of business certain bonds, undertakings and other writings obligatory in the nature of a bond have heretofore been, and may hereafter be, required by, for, or on behalf of the Indemnitors or anyone or more of the parties included in the designation Indemnitors, and application has been made and will hereafter be made to the Company to execute such bonds, and as a prerequisite to the execution of such bond or bonds, the Company requires complete indemnification. NOW, THEREFORE, in consideration of the premises, and the payment by the Company of the sum of One ($1.00) Dollar to each of the Indemnitors, receipt whereof is hereby acknowledged, and for other good and valuable considerations. the Indemnitors do, for themselves. their heirs, executors, administrators and assigns. jointly and severally, agree with the Company as follows: I. The Indemnitors will pay to the Company, at its Home Office in the Town of New Hartford. New York, premiums and charges at the rates, and at the times specified in respect to each such bond in the Company's schedule of rates, which, with any additions or amendments thereto, is by reference made a part hereof, and will continue to pay the same where such premium or charge is annual, until the Company shall be discharged and released from any and all liability and responsibility upon and from each such bond or matters arising therefrom, and until the Indemnitors shall deliver to the Company at its Home Office in New Hartford, New York, competent written evidence satisfactory to the Company of its discharge from all liability on such bond or bonds. 2. The Indemnitors will indemnify and save the Company harmless from and against every claim, demand, liability, cost, charge, suit, judgment and expense which the Company may payor incur in consequence of having executed, or procured the execution of, such bonds, or any renewals or continuations thereof or substitutes therefor, including fees of attorneys, whether on salary, retainer or otherwise, and the expense of procuring, or attempting to procure, release from liability, or in bringing suit to enforce the obligation of any of the Indemnitors under this Agreement. In the event of payments by the Company, the Indemnitors agree to accept the voucher or other evidence of such payments as prima facie evidence of the propriety thereof, and of the Indemnitors' liability therefor to the Company. 3. If the Company shall set up a reserve to cover any claim, suit or judgment under any such bond, the Indemnitors will, immediately upon demand, deposit with the Company a sum of money equal to such reserve, such sum to be held by the Company as collateral security on such bond, and such sum and any other money or property which shall have been, or shall hereafter be, pledged as collateral security on any such bond shall, unless otherwise agreed in writing by the Company, be available, in the discretion of the Company, as collateral security on any other or all bonds coming within the scope of this Agreement. 4. The Indemnitors immediately upon becoming aware of any demand, notice, or proceeding preliminary to determining or fixing any liability with which the Company may be subsequently charged under any such' bond, shall notify the Company thereof in writing at its Home Office in the Town of New Hartford, New York. 5. The Company shall have the exclusive right to determine for itself and the Indemnitors whether any claim or suit brought against the Company or the Principal upon any such bond shall be settled or defended and its decision shall be binding and conclusive upon the Indemnitors. 6. The Company, and its designated agents, shall, at any and all reasonable times, have free access to the books and records of the Indemnitors. 8-B-35 Ed. 4-75 7. If such bond be given in connection with a contract, the Company is hereby authorized, but not required, to consent to any change in the contract or in the plans or specifications relating thereto; to make or guarantee advances or loans for the purpose of the contract without necessity of seeing to the application thereof, it being understood that the amount of all such advances or loans, unless repaid with legal interest by the Contractor to the Company when due, shall be conclusively presumed to be a loss hereunder; in the event the Indernnitors, or any of them, shall fail to pay any premium charge when due; or abandon, forfeit or breach such contract; or breach any bond given in connection therewith; or fail, neglect or refuse to pay for any labor or materials used in the prosecution of such contract; or have proceedings instituted against them, or any of them, alleging that they are insolvent, or for the appointment of a receiver or trustee for the benefit of creditors, whether such Indemnitor(s) are insolvent or not; or have proceedings instituted against them, or any of them, the effect of which may be to deprive any of them of the use of any part of the equipment 'used in connection with the work under the contract so as to hinder, delay or impede the normal and satisfactory progress of the work, the Company shall have the right, but not the obligation, to take possession of the work under the contract and under any other contract in connection with which the Company has given its bond or bonds within the purview of this General Agreement of Indemnity and, at the expense of the Indemnitors, to complete the contract(s), or cause, or consent, to the completion thereof. The Indemnitors hereby assign, transfer, and set over to the Company (to be effective as of the date of such bond or bonds, but only in the event of a default as aforesaid), all of their rights under the contract(s), including their right, title and interest in and to all subcontracts let in connection therewith; all machinery, plant, equipment, tools and materials which shall be upon the site of the work or elsewhere for the purposes of the contract(s), including all materials ordered for the contract(s), any and all sums due under the contract(s) at the time of such default, or which may thereafter become due, and the Indemnitors hereby authorize the Company to endorse in the name of the payee, and to receive and collect any check, draft, warrant or other instrument made or issued in payment of any such sum, and to disburse the proceeds thereof. 8. That it shall not be necessary for the Company to give the Indemnitors, or anyone or more of them, notice of the execution of any such bonds, nor of any fact or information coming to the notice or knowledge of the Company affecting its rights or liabilities, or the rights or liabilities of the Indemnitors under any such bond executed by it, notice of all such being hereby expressly waived. 9. In the event of any claim or demand being made by the Company against the Indemnitors, or anyone or more of the parties so designated, by reason of the execution of a bond or bonds, the Company is hereby expressly authorized to settle with anyone or more of the Indemnitors individually, and without reference to the others, and such settlement or composition shall not affect the liability of any of the others, and we hereby expressly waive the right to be discharged and released by reason of the release of one or more of the joint debtors, and hereby consent to any settlement or composition that may hereafter be made. 10. The Company is not required, by reason of any applications for a bond or by reason of having issued a previous bond or bonds or otherwise, to execute or procure the execution of or participate in the execution of any such bond or bonds and the Company, at its option, may decline to execute or to participate in or procure the execution of any such bond without impairing the validity of this General Agreement of Indemnity. 11. If the Company procures the execution of such bonds by other companies, or executes such bonds with cosureties, or reinsures any portions of such bonds with reinsuring companies, then all the terms and conditions of this Agreement shall apply and operate for the benefit of such other companies, cosureties and reinsurers as their interest may appear. 12. The liability of the Indemnitors hereunder shall not be affected by the failure of the Principal to sign any such bond, nor by any claim that other indemnity or security was to have been obtained, nor by the release of any indemnity, or the return or exchange of any collateral that may have been obtained and if any party signing this Agreement,is not bound for any reason, this Agreement shall still be binding upon each and every other party. 13. These covenants herein and also all collateral security, if any, at any time deposited with the Company concerning the said bond or bonds and any other former or subsequent bonds executed for the Indemnitors at their instance shall, at the option of the Company, be available in its behalf and for its benefit as well concerning any bond or undertaking applied for, and also concerning all other former or subsequent bonds and undertakings, executed for the Indemnitors or for others at their request. " 14. 'This Agreement may be terminated by the Indemnitors, or anyone or more of the parties so designated, upon written notice sent by registered mail to the Home Office of the Company, P.O. Box 530, Utica, New York 13503, of not less than twenty (20) days, but any such notice of termination shall not operate to modify, bar or discharge the liability of any party hereto, upon or by reason of any and all such obligations that may be then in force. 15. Indemnitors agree that their liability shall be construed as the liability of a compensated Surety, as broadly as the liability of the Company is construed toward its obligee. 16. THE INDEMNITORS HEREBY ACKNOWLEDGE THAT THIS AGREEMENT IS INTENDED TO COVER WHATEVER BONDS, WHETHER OR NOT COVERED BY ANY APPLICATION SIGNED BY ANY ONE OR MORE OF THE INDEMNITORS WHICH MAY BE EXECUTED BY THE COMPANY ON BEHALF OF THE INDEMNITORS, OR ANY ONE OF THEM, FROM TIME TO TIME, AND OVER AN INDEFINITE PERJOD OF YEARS UNTIL THIS AGREEMENT SHALL BE CANCELLED IN ACCORDANCE WITH THE TERMS HEREOF. 17. This General Agreement of Indemnity applies to bonds, undertakings and other writings obligatory in nature of a bond written by Utica Mutual Insurance Company of New Hartford, New York on behalf of Henry Appel, William J. Klunder, Francis J. Van/llanen 18. IN TESTIMONY WHEREOF, the Indemnitors have hereunto set their hands and affixed their seals this day of Nobernber 29, 19 90 ~ ~&V I . nn(\ ,wk!'~I. ' 'vi, WI ess J ) " ----) I, / C;:;)"--- , , /',; .~ / Ci.~;, ./ y:/ : .''-.t-f.....t~ /i~r~ ..,../ / ' . ,f _ Henry Appel i - Iniiwidual (L. S.) State ~:~ :.Win ss - St~t or P. O. Box City State ji'uD-->-i ~ (L.S.) / William J. lunder - Individual Witness City State State Ste\or P. O. Box City /~ 1\ lr_ (.., 1/,,- '~"'f~') ~ Francis J. V3nManen - Individual (L.S.) , , . COUNTY OF... N <2:.~... ~ L I~.t( ex l.\"ec[~ s )(:,71\ ....................v-.l..... ..........! ss: day oLN;:.v:emBc,s .... = Q. :;. ~ ~ ..............19......1.4 before me personally came ~ STATE OF On this.... 1/ ..HenryAppel,WUlJ1llIlJ .KlW1<:lE.'r~Fr@Ce~....,J.. ..VilDMauen :> ............... ............. ....... ............................................. g. = o ~ .....~~~~~~ledged;~~r~ of n = ~ ata me known, and known to me to be the individualS who executed the fOregOin~tK:'nst mt, and executed the same. {U/1 . / \ '...i.,J. 1 :/-tk ' VV . .. ..... .. .. .. . .. . CJ:JLD 1. ~~.. ~~'l' Public, ~tot. 01 Now fork ....... 4'"7539950 Qu..; ~ IIlIlI bJ:!11II ~""~ ~"f)e(.3,,14~c STATE OF........ COUNTY OF................. ........! ss: C':l o , "<:I " ............................19............, before me personally came ::l = n :I =' 06' On this.......................................................... ...........dayof -...........................-..........-............--............-..-......_.................................................... to me known, and known to me to be one of' the finn of.......................................................................................................................... :> '" ... = .................. ~ ;;- Q. '9 n = ~ _..~...............................-.._.....................................m......................................................... and acknowledged that he executed the foregoing instrument as the act of the said firm. ....................................................................................................................... ....................................... STATE OF.............................................. .......... ! ss: COUNTY OF...................................... On this... ......................................................................................day of................................................................................................19............, before me personally came to me knO\VllJ who, being by me duly sworn, did depose and say that he resides in..................... ~ .g ... " ~ 0' = ..........................................................--................................................. ................................................................................ that he is the............ ..............of the...... ................................. :> '" ... = o ~ ;;- Q. '9 n = ~ ..........-............................................................~................................................ .................~..........................................................................................................................................~....................................................................................................................thecorporation which executed the foregoing instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of the said corporation, and that he signed his name to the said instrument by like order. ...............-............-....-......................-............................................................................... ~, '.- '. . Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JANUARY 22, 1991: RESOLVED that the Town Board of the Town of Southold hereby accepts the $58,750.00 Performance Bond with respect to the roads and improvements in the major subdivision of Henry Appel, located at the southeast corner of New Suffolk Avenue and Ole Jule Lane, Mattituck, all in accordance with the Town Board's resolution of February 27, 1990 approving said amount as recommended by the Southold Town Planning Board. /.?_~~~ ~.~~ Southold Town CI~rJ{ January 24, 1991 u4 " a ... _~';'~f) "\l~ <1- a +t~r ..1>"..-1'1.1.. ... -.. ~~ ., UTICA MUTUAL INSURANCE COMPANY Utica, New York PERFORMANCE BOND Bond No, SU 1430996 ~ ~ ~ ~ ~ ~ WHEREAS, the above bounden Principal has entered into a certain written contract with the above named n Obligee, dated the 31st day of October 19 89 U covering Subdivision #1000-114-12-14 at Southeast corner of New SUff~lk Avenue .~ ~ ~~--~-- ~ ~ whkh ~~.;. h~b, rel._ <O'M mod.. ~rt "',,"'" ~ lull, =d w ili. - ~"o, ~ U "",,", ""0'" i ~ here:ow, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS'Sl!CH,f'hat if the above ~ bounden Principal shall well and truly keep, do and perform, each and eO'ery, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time n and in the manner in said contract specified, and shall pay over, make good and reimburse to the above named ~ U Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said ~ Principal, then this obligation to be void; otherwise, to be and remain in full force and effect. PROVIDED, however, that this bond is executed by the Surety upon the express condition that no right n of action shall accrue upon or by reason hereof to or for the use or benefit of anyone other than ~ Obligee U ~ named herein; and the obligation of the Surety is and shan be construed strictly as ~ of s':!,retyship OJ;} . ~ ( .1-r-> )// '''t~/./ {;/( /r' . '" ~ rri lf~l~-l.Willi~~pi~::~::. ~ n ""CtVzd'.!?z2f{9:ZiU2Li!4~ U A_no,.;n.'_ :;r'''''' U l- _ .~ ~~ _~ .~ .~ .p ~~ "~ "_ caro~_ M. K:~Y:: ~~~\ .,J ~ KNOW ALL MEN BY THESE PRESENTS, That we Henry Appel, William J. Klunder, Francis J. VanManen (hereinafter called "Principal"), as Principal, and UTICA MUTUAL INSURANCE COMPANY, a New York Corporation, with principal office at Utica, New York, and authorized to transact business in the State of New York ~ ~ ~ (hereinafter called "Surety"), as Surety, are held and firmly bound unto Town of Southo1d, Suffolk County, New York (hereinafter called "Obligee"), in the penal sum of Fifty Eight Thousand, Seven Hundred Fifty and 00/100-..----- ---- --------- nn__ n_____ - -- _n_ __n ($58,750.00) --- ----- - --- DOLLARS, good and lawful money of the United States of America, for the payment of which, wen and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this 29th day of November A.D. 1990 8.8-106 Ed. '.69 . . ~.. UTiCA MUTUAL INSURANCE COMPANY NEW HARTFORD, NEW YORK No. 297_ POWER OF ATTORNEY Know all men by these Presents. the UTICA MUTUAL INSURANCE COMPANY, a New York Corporation, having Its principal office .n the Town of New Hartford, County of Oneida, State of New York. does hereby make. constitute and appoint Carol M. Korruneyer Utica, New York its true and lawful Attorney(s)-in-fact in their separate capacity if more than one is named above to make, execute. sign. seal and deliver for and on its behalf as surety and as its act and deed (Without power of redelegation) any and all bonds and undertakings and other Writings oblIgatory in the nature thereof (except bonds guaranteeIng the payment of principal and Interest of notes. mortgage bonds and mortgages) provided the amount of no one bond or undertaking exceeds UNLIMlTED-----------------------Dollars ($ --UNLIMITED--i. The execullon of such bonds and undertakings shall be as binding upon said UTICA MUTUAL INSURANCE COMPANY as fully and to all intents and purposes as if the same had been duly executed and acknowledged by its regularly elected officers at its Home Office in New Hartford. New York. This Power of Attorney IS granted under and by authority of the follOWing resolul1on adopted by the Directors of the UTICA MUTUAL INSURANCE COMPANY on the 27th day of November, 1961. 'Resolved thaI lh~ PreSident 01 an" Vice-PreSident, In conlunctlon "11th the S-'!Cle1ary Ot any ASSISlant S~Cle(atv be and they are hereby aulhonled ana t!mUOI'l!;lred to dfJpolnl AUQfntiys-m-IClL[ ul Ihti Company, In ItS name and .IS ItS .;ILtS. lu O:}lecule anu dcknow1tKJge 101 8m.l un ;l~ UtInall as Surety any anu ail bonos. recognuances. canllaclS 01 Indemnuy and all olher wllllngs OblIQ810ry In the nalure thereol ....Ih pawttr to sltaen therelO Inti seal 01 the Company Any such /WritIngs 50 e...eculed by sucn Attorneys-tn-tact shall be as bindIng upon lhe Company as It lhey had been auly acknowledged by the fE!Qularly eleeled Qlhcers 01 lhe Company In thetf own pt'oper persons ~Now Therefore, lhe s19natures ot such officers and the seal 01 the, Company may be affIxed to any SUCh Power 01 Allorney by a lacslmlle. and any such Power 01 Altorney beating such facs.mlle SlOnallJfes 01 seal shall be valid and btnchng upon the Company,- In Witness Whereof, the UTICA MUTUAL INSURANCE COMPANY has caused these presents to be signed by its AuthOrized Officers. this 7.0th day of M1"pmhpr , 19..8.!L ' UTICA MUTUAL INSURANCE COMPANY I~II/II~ ~ f J-,-".~ " ~creta'y Presldenl STATE OF NEW YORK} COUNTY OF ONEIDA ss: On this 20th day of N:Jvember, 19..Jl2..., before me, a Notary Public In and for the State of New York. personally came WALLACE H. WATKINS and JOHN P. SULLIVAN to me known, who acknowledged execution of the preceding instrument and. being by me duly sworn. do depose and say. that they are President and Secretary respectively of UTICA MUTUAL INSURANCE COMPANY; and that the seal affixed to said instrument is the corporate seal of UTICA MUTUAL INSURANCE COMPANY; and that said corporate seal IS affixed and their signatures subscribed to said Instrument by authority and order of the Board of Directors of said Corporation. In Testimony Whereof, I have hereunto set my hand at New Hartford. New York, th written, . '.,.'. .,. NOlary ?uOh'; STATE OF NEW YORK} COUNTY OF ONEIDA ss: ::.:" '-';..;.:ur..ci.;' QJ. .. ;"",'0 ,;;,"-. :~. . . 'U_ I. Jolm D. Yonkers ASSistant Secretary of the UTICA MUTUAL INSURANCE COMPANY do hereby certify that the foregOing IS a (rue and correct copy of a Power of Attorney, executed by said UTICA MUTUAL INSURANCE COMPANY, which IS stili In full force and effect. . In Witness Where!)!. I have hereunto set my hand and affixed the Seal of the said Corporation at New Hartford, New York, thiS 29th day of November , '9~ . '., ;r-o~.." ~.B.2 REV E(l j-d9 l'\J"~:1'" :J ,':: ~.: ".:_01c. ~- , . UTICA MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT AS OF DECEMBER 31,1989 From Annual Report Filed with New York Insurance Department ASSErS LIABILITIES AND SURPLUS U.S. Governmental Direct and Guaranleed Bonds $ AIIOlherBonds ........................ Slocks ................................ Mortgages ............................ Cash ................................. Equilies & Deposils in Pools and Associations .. Premiums in Course of Collection ........... Interest Due and Accrued .................. OtherAdmilledAsselS .................... 267.250.696 632.618.576 31.596.288 .0- 8.512.217 18.630.li25 44.21 I .201 20.684.614 77,691.104 Reserve for All Losses ............... Unearned Premiums ................. Reserve for Claim Expense ........... Dividends ......................... Taxes Accrued ..................... Federal Income Tax ............., Miscellaneous Accounts Payable $ 552.328.468 187.271.411 117.019.405 6.830.540 7,349.323 784,80 1 59.089.405 Total Liabilities .. $ 930,673,353 Total Admitted Assets ........ $1.101.195.319 Surplus Funds: Dividend Reserve .............. $ 1.101.027 General Voluntary Reserve ....... 1.500.000 Special Contingent Surplus ....... 1.700.000 Divisible Surplus ............... 166.220.939 Surplus as regards Policyholders ........... 170.521,966 Total $1.101,195.319 STATE OF NEW YORK COUNTY OF ONEIDA ss: WALLACE H. WATKINS, President of the UTICA MUTUAL INSURANCE COMPANY. New Hartford, New York, being duly sworn, says thaI he is the above described officer of said Corporation, and that on the 31 st day of December, 1989. all of the assets shown above were the absolute property of the said Corporation, free and clear from all liens or claims thereon excepl as above stated, and thaI the foregoing statement is a full and true exhibit of all assets and liabilities of the said Corporation at the close of business December 31, 1989, according to the best of his knowledge, information and belief. Subscribed and sworn to before me the Cf"<U/Y>La.~:r.LL-1ad~' !JI~If~ President .' ROSEMARY WADAS Notary PubliC In the State of Ne... York Appointed In Oneida Count)' 9" MY Commlaslon Expl,.. April 30. 19.!.:;;' Allest ~ p L~,.~ Secretary 8-B-50 Ed. 2-90 ,. . , JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 27, 1990: RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $58,750.00 for a bond for roads and improvements in the major subdivision of Henry Appel, all in accordance with the recommendation of the Southold Town Planning Board. /7....#'~~ ~lliT: Ter!:y . c7' Southold Town Clerk March 1, 1990 - ., ". . . l. , <.- TELEPHONE (516) 765.1938 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Judith T. Terry Southold Town Clerk Main Road Southold, NY 11971 February 14, 1990 RECEIVED FE\3 1 4 m90 Soutllold T 0.,,1 ('I"'" RE: Major Subdivision for Henry Appel SCTM* 1000-114-12-14 Dear Ms. Terry: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Tuesday, February 13, 1990. RESOLVED to adopt the bond estimate dated October 31, 1989 and revised by the Planning Board on January 6, 1990, and to recommend same to the Town Board. The bond estimate is in the amount of $58,750.00, with an inspection fee in the amount of $3,525.00. Please contact this office if you have any questions regarding the above. Vi;;- ;~<,~ Bennett Orlowski, Jr. ?IIf Chairman MS Encl.: Bond estimate ., Ilf.. . #..... ... ,,.., - A. Road, Or~in~q. IUiJ'ill " ".J ,,~ i! '4 1% /'-I"j' wi r---..- .. /1 .....,. ,/ I . , I I I I ~ 8 1989 1l!!lj SOUHlOliiTl)W.~ i PLANmi'~G 80i1:-:D ; ______.~.J Octc~er 31, 1989 KeUISE'd. '/'/'10 7TlS EDT!K'T~~ ~O~~ ~y C~~aT~UCTIOM H.nry Appel at Matt1tuck, T/O SaUthold, Sutrolk COunty, N~w York It2m o~~c~~ntic~ ,Clearing , Gru~~1nq 1< \~'J..8f' BitLUll. CQatilla C:'1P Catch Bl18ins Leachinq PooIa Conorat" Curb Cruahed Ston4 Rasa DitUlll. PaVCllli6l'1t Topno1l & Seeding Cone. Monument::. :IF Fi r\e Gr".9i "'~ P Fire ""...\\ f' =>T....t:i'Tre<<:s. S. Mi~cel1aneou~ Co~t~ l~oYn Unlr._pric~ TO~al $2,500.00 $ $> 500.0 2li1. ae~oo ....,;.f":l. 20~.~ 2,000.00 6,000.0 2,000.00 32,000.0 1'5.01>12. sa '00.0072(; .-0 50.00 2,250.0 80.00 2,800.0 5.00 3,000.0 80.00 400.0 I, So 900.0. Otv. ~ Unit. 0.2 Acres ).60 L.r. :I Each 15 Each 60 L. r. 45 C.Y. 35 Tons bOO S. 't. 5 EllCh bOO s.y. i. ~o E.:.,,\- 1'D,ooo.oo :1.1>0.00 Fees) 1. Applie~tion r~4 ($1,000.00 plus $100.00 per Acra or part thereot) - $1,000.00 + (16 X $lCO.oO per dCr~) ~ _ 2. Ir.3P~cticn FP.3 ($~ of ~~Ount ot apProVe~ pcrtormanca ~olld) -0 $; of Giie,!l7e.ee = ~ .fSI?,7So.ou Totnl Hiscellan~ous Casts _ A. B. Road & Orainlloqa Miac~llaneous Co~t~ SUl:lmarv at SUbcti'/l;;icn !.:,;r;:::t;:-uGtion CostR ~o+<Z. : 5'g)7SQ.OO ~, 1'15.00 b4,1175.00 ~ exMec\ 'ot 'El\~\M.Q", ? ~6~,,-d. \:"/ 1'l",l\'<\;~ ~=<Rc\ /JI!5. f=~, :-7: .-~: bOOO.O I b'l?) 7'50.0 2,600.0C '3,S~5.oc 2,6(J.~C ~ S,lt3.:C .$ b, 1:l5. OC $Se,87e.cv Ei If:J.~q ~~',91J.~O