HomeMy WebLinkAboutAppel, Henry (2)
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JUDITH T. TERRY
TOWN CLERK
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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
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William J. Klunder
64-06 Myrtle Avenue
Glendale, New York 11227
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Dear Mr. Klunder:
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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.
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Very truly yours,
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Judith T. Terry
Southold Town Clerk
Enclosures
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UTICA MUTUAL INSURANCE COMPANY
Utica, New York
PERFORMANCE BOND
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Bond No. SU 1430996
KNOW ALL MEN BY THESE PRESENTS, That we
Henry Appel, William J. Kllmder, Francis J.
VanManen
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(hereinafter called "Principal"), S?
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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
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J..--IQunde:r" FranCls . Van:'hT,en
JR~u1lU~~ANCE COMPANY
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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
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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,
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"IOlarY;:'U()h':
STATE OF \JEW YORK 1
COUNTY OF ONEIDA J
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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
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Pres/dent
Attest
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J Secretary
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UTICA MUTUAL INSURANCE COMPANY
NEW HARTFORD, NEW YORK
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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.
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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
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William J. under - Indlndual
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/ Francis J. V~en - Individual
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FORMS OF ACKNOWLEDGMENT WILL BE FOUND ON THE REVERSE SIDE.
On this........
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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.
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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
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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.
/ /
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UTICA MUTUAL INSURANCE COMPANY
Utica. New York
PERFORMANCE BOND
Bond No. SU 1430996
I
I
I
.
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~
~
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
.~
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.
.,
"
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'~
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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
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Henry Appel i - Iniiwidual
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State
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St~t or P. O. Box City State
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/ William J. lunder - Individual
Witness
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State
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Francis J. V3nManen - Individual
(L.S.)
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day oLN;:.v:emBc,s
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STATE OF
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and acknowledged that he executed the foregoing instrument as the act of the said firm.
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STATE OF..............................................
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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.....................
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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.
...............-............-....-......................-...............................................................................
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.
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.
/.?_~~~
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Southold Town CI~rJ{
January 24, 1991
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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-> )//
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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-,-".~
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~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
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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
- .,
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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
.....,. ,/
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~ 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
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