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HomeMy WebLinkAboutForestbrook at Bayview FORESTBROOK AT BAYVIEW SUBDIVISION ELIZABETH A. NEVIIJ,E, RMC, CMC TOWN CLERK 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 (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To Whom It May Concern: Please be advised that the State Bank of Long Island Letter of Credit No. 1510 for the improvements in the subdivision "Forestbrook at Bayview' was released by the Southold Town Board on March 23, 2010. Letters of approval recommending thc conditions of the release were received from the Planning Board on March 9, 2010; the Town Engineer on March 15, 2010; and the Superintendent of Highways on April 9, 2010. I hereby acknowledge receipt of a Colonial Bank certified check number 201631098 in the amount of $15,000.00 as collateral for the completion of the fire well and several concrete monuments. This check is being sent to the Town Accounting Department for deposit in an agency & trust fund. Dated: April 9, 2010 ~D Elizab~ A. Neville, Town Clerk Town of Southold The undersigned hereby acknowledges receipt of the Original Copy of the above described Letter of Credit on this date. Dated April 9, 2010 __ Sign/ure Sworn to before me this day of April, 20pJT~ Printed Name Representing/ Address Telephone Number LYNDA M NOTARY PUBLIC, Btate of New York NO. 01~1~)6020932, Suffolk County Term Expires March 8, 20J TOWN CLERK COPY Southold Town Board - Letter Board Meeting of March 23, 2010 RESOLUTION 2010-234 ADOPTED Item # 5.8 DOC ID: 5782 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-234 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 23, 2010: RESOLVED that the Town Board of the Town of Southold hereby releases the following Performance Bond for "Forestbrook at Bayview"~ No. 1510 issued by the State Bank of Long Island in the amount of $193,810.00, as recommended by the Southold Town Planning Board after receipt has been made of $15,000.00 cash to the Town Clerk's office for completion of the fire well, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES.' Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Generated March 26, 2010 Page 17 ERIC J. BRESSLER ABIGAIL A. WICKHAM I.YNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK. LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw(a3aol.com March 30, 2010 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 11 I MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Town Clerk Elizabeth A. Neville's Office Town of Southold Post Office Box 1179 Southold, New York 11971 Re: Map of Forestbrook at Bayview - Release of Performance Bond Address: North Bayview Road, Southold, New York 11971 SCTM# 1000-79-2-7 Dear Mrs. Neville: Enclosed is Colonial Bank Official check no. 201631098 dated 3/29/10 payable to the Town of Southold in the amount of $15,000., which was drawn on our client's account. Please release the State Bank of Long Island Letter of Credit no. 1510 you are currently holding to me on behalf of our client pursuant to Southold Town Board Resolution dated March 23 2010 (copy enclosed). Veryffuly yours, Abigail A. Wickham AA gS/dm 30/shdtcl STATE BANK Two Jericho Plaza, Wing C, Jericho, New York 11753 * 516.465.2300 · Fax: 516.465.6701 IRREVOCABLE LETTER OF CREDIT NO. 1510 5/15/04 To: Town of Southold c/o Office of the Town Attorney P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, NY 11971-0959 Expiration Date: 5/15/05 Gentlemen: By order of your client, J & C Holdings, LP with its principal office located at P.O. Box 1925, Southold, NY 11971, we hereby establish this Irrevocable Letter of Credit No. 1510 in your favor for an amount up to but not exceeding the aggregate stun of One Hundred Ninety-Three Thousand Eight Hundred and Ten and no/100 ($193,810.00) U.S. Dollars, effective immediately. This Letter of Credit No. 1510 shall be automatically extended for successive one-year periods from the present or any future expiration date unless we have notified you in writing, not less than sixty days before such date, that we have elected not to extend the date of expiration. Our notice of such election shall be sent by registered mail-return receipt requested - to your above address. Funds under this Letter of Credit are available to you against your sight draft(s) signed by your authorized corporate officer, drawn on us bearing the clause "Drawn under Credit No. 1510" accompanied by a written statement signed by the Town Engineer and Town Attorney for the Town of Southold to read as follows: "This drawing has been caused by the default or failure to complete performance by the required date of work and related items required by the Planning Board of the Town of Southold, dated May 10, 2004, regarding the Map of Forestbrook at Bayview subdivision." This Letter of Credit sets forth in full the terms of our undertaking and such undertaking shall not in any way be modified, amended or amplified by referenced to any document or instrument referred to herein or in which this Letter of Credit is referred to or to which this Letter o f Credit relates and any such reference shall not be deemed to incorporate herein by reference any document or instrument. We hereby agree with the drawers, endorsers and bona fide holders of drafts drawn under and in compliance with the terms of credit that such drafts will be duly honored upon presentation to the drawee. This Letter of Credit is subject to the International Standby Practices 1998, International Chambers of Commerce Publication No. 590 ("ISP98"), and as to matters not addressed by ISP98 is subject to and governed by New York State and applicable US federal law. Very Truly Yours, STATE BANK OF LONG ISLAND S nior ' First Vice President F:\USERS\TEMP2\LETOFCRE~J&C HOLDINGS, LP-FORESTBROOKATBAYVIEWLC.DOC 2 March 9, 2010 PLANNING BOARD OFFICE TOWN OF SOUTHOLD' l~tH f~TG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Tolephono:. 8al 785.1938 F~x: 631 '/65-a186 Abigail Wickham, Esq. 13015 Main Road P.O. Box 1424 Maffituck, New York 11952 Re; Release of Performance Bond for Conservation Subdivision of Forestbrook at Bayview Located' n/o North Bayview Road, ~180 feet w/o Jacobs Lane, in Southold SCTM#1000-79-2-7 Zoning District: Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, March 8, 2010, I ' adopted the following reso ubons WHEREAS, this conservation subdivision Subdivided a 37.75 acre pamel into 7 lots where Lot 1 equals 2.5 acres; Lot 2, 1.72 acres; Lot 3, 1.50 acres; Lot 4,'1.50 acres; Lot 5, 1.56 acres; Lot 6, 2.45 acres and Lot 7, 25.75 acres. The Town of Southold acquired fee title of Lot 7 (25.75 acres) for open space purposes; and WHEREAS, on June 14, 2004, the Soulhold Town Planning Board granted final approval on the final plat, dated as revised March 8, 2004; and WHEREAS, on June 14, 2004, the Southold Town Planning Board accepted the State Bank of Long Island Letter of Credit No. t510 in the amount $193,810.00; and WHEREAS, On September 11, 2009, the applicant submitted a fire well certificate and requested that an inspection be done upon the installed fire well in order to release the bond required for this subdivision in the amount of $193,810.00; and WHEREAS, the applicant requested that the required bond in the amount of $193,810.00 be reduced to $0.00 and that a cash deposit in the amount of $15,000.00 be supplied to the Town of Southold .to cover the remaining cost of purchasing and installing a 15bp submersible.pump and adapter installation; and WHEREAS, a performance bond is in place with the Town of Southold for $193,810.00; and Fomslbmok at Bawiew Pa.qe Two March 9. 2010 WHEREAS, on May 16, 2006, the Southold Town Engineer inspected and reported that all required construction items have been completed in a satisfactory manner with the exception of the fire well; and WHEREAS, the remaining improvements necessary to complete the installation of the fire well will cost $15,000.00; and WHEREAS, the applicant has agreed to provide cash in the amount of $15,000.00 to the Southold Town Clerk for the completion of the fire well; and WHEREAS, the Southold Town Planning Board reviewed this request at the December 7, 2009 Work Session and again at the March 1,2010 Work Session; be it therefore RESOLVED, that fl~e Southold Town Planning Board recommend that the Southold Town Board authorize the reduction of the bond estimate, dated April 5, 2004, from $193,810.00 to $0.00; and be it further RESOLVED, that the applicant shall submit a total amount of $16,000.00 cash to the Office of the Southold Town Clerk as a performance bond for the cost of · purchasing and installing a 15hp pump, accessories and adapter mechanisms to achieve adequate fire protection, prier to the reduction of the bond; and be it further RESOLVED, that upon submittal and acceptance of the $15,000.00 cash to the Office of the Southold Town Clerk, the Southold Town Planning Board recommends that the Southeld Town Board release the Letter of Credit No. 1510 established by the State Bank of Long Island. With the exceptioh of completing the fire well for this subdivision, all other required construction items have been completed in a satisfactory manner. If you have a~y questions regarding the above, please contact this office. Very truly yours, Martin H. 8idor Chairperson SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)-765-9015 RECEIVED MAB 2 4 2mO ~outhold Town Cled~ JAMES A, RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel. (631) - 765 - 1560 JAMIE.RiCHTER(~TOWN.SOUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Martin H. Sidor Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 March 15, 2010 Re: FORESTBROOK @ BAYVIEW SCTM #: 1000-79-2-7 Final Inspection - May 16, 2006 Dear Mr. Sidor: As per a request from your office, I have reviewed my construction inspection reports for the above referenced subdivision. My files would indicate that the Surveyors were on site installing concrete survey monuments on 5/16/06. At that time, all of the required drainage and road construction items listed in the Bond Estimate were complete with the exception of several concrete survey monuments and a Fire Well. This date, May 16, 2006, was considered to be the date of substantial completion and my Final Inspection. At a recent field inspection, it was apparent that some of the survey monuments were never installed on the day of my final inspection. I have recently been in contact with the Engineers / Surveyors for this project and they informed me that they are in the process of preparing "As-Built" plans for submission to the Planning Board. They also informed me that they will be setting the remaining monuments as part of this process. At this time, the street trees and landscaping of the road shoulder areas all appear to be healthy and meet the minimum requirements of Town Code. The only outstanding construction item remaining at this time is the installation of the Fire Well. This Well will require the testing and approval of the Southold Fire Commissioners prior to final acceptance. If you have any questions regarding this final report, please contact my office. hes ,~ Richter, R.A. PETER W. HARRIS Superintendent Highway Department Town of Southold 275 Peconic Lane · P.O. Box 178 · Peconic, N.Y. 11958-0178 Tel. (631) 765-3140 (631) 734-5211 Fax (631) 765-1750 Southold Town Clerk RECEIVED Peter W. Hams Superintendent of Highways Town of Southold 275 Peconic Lane Peconic, NY 11958 APB 9 2010 ~oulhold Town Cled~ FORESTBROOK ~ BAYVIEW SCTM#: 1000-79-7 Final Inspeetion-April 8, 2010 Dear Mrs. Nevell As per a request from your office, I have made a recent field inspection to the above mentioned subdivision off of North Bayview Road in the Hamlet of Southold known as Forestbrook ~ Bayview. Having completed my inspection, ail work that was required on behaif of the Town of Southold other than the installation of the fire well and several concrete survey monuments has been completed to my satisfaction. At this time I see no reason why the Proformance Bond for Forestbrook at Bayview, No. 1510 issued by the State Bank of Long Island in the amount of $193,810.00 should not be released. However the Town of Southold will withhold the $15,000.00 cash bond until the town is satisfied that the remainder of the outstanding work has been completed. If you have any questions, regarding this report, please contact my office. Peter W. Hams cc: Southold Town Attorneys Martin Finnegan ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE oF THE TOWN CLERK TOWN OF SOUTHOLD To~ Re: Date: Town Attorney Patricia Finnegan~-) Town Clerk Elizabeth Neville Forestbrook at Bayview Subdivision May 24, 2004 Transmitted please find the resolution of the Planning Board recommending the amount of the bond estimate and the actual bond itself. Please review both and advise me of your recommendation in writing. If they meet your approval, perhaps we could incorporate both into one resolution: (1) the approval of the amount of the bond estimate; and (2) approval of the actual letter of credit. Thank you. p t LANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 11,2004 Elizabeth A. Neville, Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Proposed Major Subdivision of Forestbrook at Bayview Located n/o North Bayview Road, 180 feet w/o Jacobs Lane, in Southold SCTM#1000-79-2-7 Zoning District: A-C Dear Ms. Neville: The Southold Town Planning Board, at a meeting held on Monday, May 10, 2004, adopted the following resolutions: The final public hearing was closed. WHEREAS, this proposal is to subdivide a 37.75 acre parcel into 7 lots where Lot I equals 2.5 acres; Lot 2, 1.72 acres; Lot 3, 1.50 acres; Lot 4, 1.50 acres; Lot 5, 1.56 acres; Lot 6, 2.45, acres Lot 7, 25.75 acres; and WHEREAS, the Town of Southold is in contract to acquire the fee title of Lot 7 (25.75 acres) for open space purposes; and WHEREAS, on January 12, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the proposed action, and as lead agency, granted a Negative Declaration for the proposed action; and WHEREAS, on January 12, 2004, the Southold Town Planning Board granted conditional sketch plan approval on the plat, dated & last revised on November 5, 2003; therefore, be it RESOLVED, that the Southold Town Planning Board adopt the report submitted by the Office of the Engineer, dated May 4, 2004; and be it further RESOLVED, that the Southold Town Planning Board adopt the bond estimate, dated April 5, 2004, in the amount of $193,810.00 together with an Administrative Fee in the amount of $11,628.60 and recommend the same to the Town Board; and be it further RESOLVED, that the Southold Town Planning Board grant preliminary approval on the plat, dated as revised March 8, 2004. Forestbrook at Bawiew - Paqe Two - 5/11/04 The following items remain outstanding and must be submitted in order to proceed to final approval: The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $30,000. ($5,000. per vacant lot in the subdivision). Payment is required prior any the final endorsement of the map. A statement that Red Fawn Road will be dedicated to the Town of Southold or the filing of the right-of-way maintenance agreement with the Suffolk County Clerk and, upon filing, the recording of the liber and page number upon the final map. The filing of the amended Covenant and Restriction with the Suffolk County Clerk and, upon filing, the recording of the liber and page number upon the final map. The required amendments include: Please replace clause 4 with the following language "All undisturbed, vegetation buffers shown on lots are permitted to be maintained to remove noxious, dead and decayed vegetation provided that the area in which maintenance activity is conducted will be re-vegetated in accordance with a plan approved by the Planning Board with species native to Long Island and the State of New York; such clearing shall be subject to review by the Town Planning Board to insure the proper maintenance and preservation of the natural buffer". b. Please delete Item 5. 4. The submission of a performance guarantee for improvements in the amount of $193,801.00 and administrative fee in the amount of $11,628.60 to this office. 5. Submission of 3 mylar and 8 paper plats with Suffolk County Department of Health approval stamp. Please contact this office if you have any questions regarding the above. Very truly yours, ~ ~- ,.-7 ' C-~/.,--~ "3erilyn B. v~bOdhouse Chairperson JOSHUA Y. HORTON SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (516)-765- 1366 OFFICE OF THE ENGIN TOWN OF SOUTHOLD Jerilyn B. Woodhouse Chairperson - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 L Re: FORESTBROOK @ BAYVIEW SCTM #: 1000-79-2-7 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel.(516)-765 -1560 $0uth01d Town Pla~ing B0ar~ Dear Mrs. Woodhouse: As per a request from your office, I have reviewed the Road & Drainage plans for the above referenced project. At this time I would like to offer the following: The survey map indicates that the access driveway to the isolated lot does not line up with the existing twenty (20') foot wide easement or right-of-way. Does the Planning Board have a problem with the encroachment of the traveled drive into preserved open space? The survey map also indicates a frame barn ,that is located immediately outside of the South Wester y corner of the same so ated lO{. Does the Planning Board have a problem with the encroachment of this framed barn ;nto preserved open space? 3. The new street name "Red Fawn Road" has been reviewed with the Superintendent of Highways. Name conflicts do not exist and the proposed street name has been approved. 4. The old access road located immediately West of Red Fawn Road should be secured to prevent continued use through the proposed NON-DISTERBED VEGETATION BUFFER. New concrete curbing located at the entrance to Red Fawn Road should terminate approximately eight (8') feet from the existing edge of pavement at the Town Road. The line of pavement for the new road should continue on the radius as indicated by the map. The road section and curb details indicate Belgian Block. This should be changed to Concrete "Type C" Mountable Curbing as found in Town Highway Specifications. It is my understanding that this road will be dedicated to the Town. Currently, Highway Specifications are undergoing revisions to eliminate Belgian Block for maintenance reasons. 7. As per the request by the local Fire District, a fire well should be located on the North Westedy corner at the intersection where Red Fawn meets the existing Town Road. Page 1 of 2 Jerilyn B, Woodhouse, Chairperson Re: FORESTBROOK@ BAYVIEW May 4, 2004 Page 2 of 2 8. Concrete survey monuments should be installed in a manner that would easily define the proposed right-of-way for Red Fawn Road. 9. The installation of new Streetlights, two (2) each, is recommended. Their location should be as follows: one (1) at the new intersection & one (1) at the terminus of the Cul-De-Sac. The Storm water drainage calculations and drainage design are adequate to meet Town Code. However, please be advised that the proposed development exceeds one acre in total area. [This would include the new Right-of-Way area and the areas for the proposed building envelopes in total.] Therefore, this project will require SPDES Phase II Storm-water / Erosion Control Permits from the Department of Environmental Conservation. Covenants and restrictions for the deeded lots should include the DEC requirements specified in this permit. This should ensure compliance with the Federal Regulations in the event that building lots are not developed when the road is constructed. I have reviewed the Bond Estimate submitted by the developer. Enclosed you will find a revised copy that has been prepared by my office. If you have any questions regarding this revised Bond or this report, please contact my office. Enc. (2) CC; Peter Harris (Superintendent of Highways) / / JEAN W. COCHRAN JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD, NEW YORK 11971 Fax. (516)- 765- 1366 Tel. (516) - 765 - 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE FORESTBROOK AT BAYVlEW North Bayview Road, TOWN OF SOUTHOLD SCTM # '1000-079-02-07 DATE April 5,2004 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 0.8 ACRE CLEARING & GRUBBING $ 2,500.00 $ 2,000.00 2. 2,100 C.Y. ROUGH GRADING / UNCLASSIFIED EXCAVATION - ROADS 3.50 7,350.00 3. 1,250 L.F. CONCRETE CURBING 10.00 12,500.00 4. 3,800 S.Y. FINE GRADING 1.50 5,700.00 DRAINAGE 5. 4 EACH CATCH BASINS 2,500.00 10,0~)0.00 6. 264 V.F. 10' DIAMETER LEACHING POOL 30~3.00 79,~00.00 7. 240 L.F. 15" DIAMETER DRAINAGE PIPE f20.00 ~;800.00 8. 48 L.F. 18" DIAMETER DRAINAGE PIPE / 25.00 q,200.00 SURFACING 9. 209 C.Y. ~" STONE BLEND or RCA BASE 40.00 8,360.00 10. 260 TONS ASPHALT BINDER COURSE - (2 'A" Thick) 60.00 15,600.00 I 1. 160 TONS ASPHALT WEARING COURSE - (1 fi" Thick) 60.00 9,600.00 12. 2 EACH STREET LIGHTS 2,000.00 4,000.00 13. 12 EACH CONCRETE SURVEY MONUMENTS 100.00 1,200.00 14. 1,700 S.Y. TOPSOIL & SEED 5.00 8,500.00 15. 3 EACH STREET SIGNS 200.00 600.00 16. 36 EACH STREET TREES 200.00 7,200.00 17. 1 EACH FIRE WELL 15,000.00 15,000.00 18. JOB MAINTENANCE & PROTECTION OF TRAFFIC BOND-TOTAL + 6% ADMINISTRATION FEE 1,000.00 $ 193,810.00 $ 11,628.60 TOTAL $ 205,438.60 ° I:L~ZA~ETH NEVILLE TOWN CLERK REOISTRAR OF VITAL STATISTICS MARRIAOE OFFICER RECORI~ MANAOEtdENT OFFICER FREEDOM OF INFORMATION OffICER RESOLUTION # R~oluflon ID: 1573 TOWN CLERK COPY Town Hall 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 T~lephmm: (631) 765 - 1800 soatholdtown, nordffo~.net Meeling: 02/14/06 07:30 PM Del~r~-=m~: Town Cl~k Calory: Bond T~II.~ IS TO CERTIFY THAT ~ FOLLOWING RESOLUTION NO. 2006-19~ WAS ADOPTED AT ~ REGULAR MEETING OF ~ SOUTHOLD TOWN BOARD ON FEBRUARY 14, 2006: RESOLVED that the Town Board of ~he Town of Southold hereby r~ the followimt nerformanee bond for the major ~-~a--~v~d~n of I mural l.i"k'- Ltd.: [,~r of Cred~ No. 100243 of the B~mk of SmitMown in the amount of $144,625.00, as rec~mnumded by the Southold Town Planning Board and the Town Engineer, subject to the approval of the Town Attorney. g~izabeth A. Nevllk Town Clerk l OO Motor Palf~ay Sixth Floor, Suite 160 Hauppeuge, U, NY 11788 631-360.9300 January 27,2005 Town of Southoid Main Road Southold, New York IRREVOCABLE STANDBY LETTER OF CREDIT NO. '100294 Issue Date: Expiration Date: BENEFICIARY: SUBJECT: January 27, 2005 January 26, 2006 Southold Town Board Town ofSouthold Main Road Southold, New York 11971 Performance Bond, $t00,000.00 Laural Links Country Club, Inc, Laurel, New York Dear Board Members: By order and for the account of our client, Laurel Links Country Club, Inc., with a mailing address at Post Office Box 307, Laurel, New York 11948, and in accordance with the resolution of the Southold Town Planning Board, we hereby establish this Irrevocable Letter of Credit No. 100294, in your favor for an amount up to, but not exceeding, the aggregate sum of One Hundred Thouoand Dollara ($'100,000.00) effective immediately and expiring at our main office located at One East Main Street, Smithtown, New York on January 26, 2005. Funds under this Letter of Credit are available to you against your sight drett(s) signed by your authorized officer, drawn on us bearing the clause "Drawn under Letter of Credit No. 100294" accompanied by a wdtten statement signed by the Chairperson of the Southold Planning Board to read as follows: 'This drawing has been caused by the default of Laurel Links Country Club, Inc. or its failure to complete performance in order to receive a final certificate of occupancy for the facilities by the required date, of certain site improvements including landscaping, seeding, trailer removal, paving and drainage work as called out by resolution of the Southold Planning Board in the amount of up to $100,000.00." · Founded 1910 Southold Planning Board page 2- January 27, 2005 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 100294, continued It is a condition of this Irrevecable Letter of Credit that it shall be deemed automatically extended without amendment for additional one year periods from the present, unless forty- five (45) days prior to any such date, we shall notify you in writing by codified mail at the above listed address that we elect not to consider this Letter of Credit renewed for any such additiOnal periods. This Letter of Credit sets forth in full the terms of our undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to any document or instrument referred to herein or in which this Letter of Credit relates and any such reference shall not be deemed to incorporate herein by reference any document or instrument. Very truly yours, BANK O~/~ITHT(~ By: ~~resident and Chief Lending OffiCer 2 · Founded 1910 · J' i l l. IANK SMITHTO January7,2003 Town of 8outhold Main Road Southold, New York IRREVOCABLE STANDBY LETTER OF CREDIT NO. 100243 Issue Date; Expiration Date: January7,2003 January6, 2004 BENEFICIARY: Southold Planning Board Town of Southold Main Road Southold, New York 11971 SUBJECT: Performance Bond Final Map of Laurel Links Laurel, New York Dear Board Membem: By order and for the account of our client, Laurel Links, Ltd., with a mailing address at Post Office Drawer A, Jamesport, New York 11947, and in accordance with the resolution of the Southold Town Board No. 840 of 2002, we hereby establish this Irrevocable Letter of Credit No. 100243, in your favor for an amount up to, but not exceeding, the aggregate sum of One Hundred and Forty-Four Thousand Six Hundred Twenty.five Dollars ($144,625.00) effective immediately and expldng at our main office located at One East Main Street, Smithtown, New York on January 6, 2004. This letter of credit replaces our previously issued letter of credit number 100227, dated Apd124, 2002. Funds under this Letter of Credit are available to you against your sight draft(s) signed by your authorized officer, drawn on us bearing the clause "Drawn under Letter of Credit No. 100243" accompanied by a written statement signed by the Chairperson of the Southold Planning Board to read as follows: 'rThis drawing has been caused by the default of Laurel Links, Ltd. or its failure to complete performance by the required date, of certain site improvements for the final plat of the Map of Laurel Links as called out by resolution of the Southold Planning Board in the amount of $144,625.00." · Founded 1S10, Southold Planning Board page 2- January 7,2003 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 100243, continued It is a condition of this Irrevocable Letter of Credit that it shall be deemed automatically extended without amendment for additional one year periods from the present, unless forty- five (45) days prior to any such date, we shall notify you in writing by certified mail at the above listed address that we elect not to consider this Letter of Credit renewed for any such additional periods, This Letter of Credit sets forth in full the terms of our undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to any document or instrument referred to herein or in which this Letter of Credit relates and any such reference shall not be deemed to incorporate hereir:~ by reference any document or instrument. Very trulyx~)urs, B .K prr. Tow. By: Ro~ Executive-~:e President and Chief Lending Officer · Founded 1910 · 2 BANK SMITHTOWN April 24, 2002 Town of 8outhold Main Road 8outhold, New York IRREVOCABLE STANDBY LETTER OF CREDIT NO. 100227 Issue Date: Apdl 24, 2002 Expiration Date: November 6, 2002 BENEFICIARY: Southold Planning Board Town of Southold Main Road Southold, New York 11971 SUBJECT: Performance Bond Final Map of Laurel Links Laurel, New York Dear Board Members: By order and for the account of our client, Laurel Links, Ltd., with a mailing address at Post Office Drawer A, Jamesport, New York 11947, and in accordance with the resolution of the Southold Town Board No. 227 of 2002, we hereby establish this Irrevocable Letter of Credit No. 100227, in your favor for an amount up to, but not exceeding, the aggregate sum of Five Hundred Twenty.two Thousand Eight Hundred Twenty-five Dollam ($522,826.00) effective immediately and expidng at our main office located at One East Main Street, Smithtown, New York on November 6, 2002. This letter of credit replaces our previously issued letter of credit number 100214, dated November 6, 2001. Funds under this Letter of Credit am available to you against your sight draft(a) signed by your authorized officer, drawn on us beadng the clause "Drawn under Letter of Credit No. 100227" accompanied by a written statement signed by the Chairperson of the Southold Planning Board to read as follows: "This drawing has been caused by the default of I_aural Links, Ltd. or its failure to complete performance by the required date, of certain site improvements for the final plat of the Map of Laurel Links as called out by resolution of the Southold Planning Board in the amount of $522,825.00. · Founded 1910 BANK SMITHTOWN ~ ~i~ Dsdiaat~d. To You. Southold Planning Board page 2- April 24, 2002 It is a condition of this Irrevocable Letter of Credit that it shall be deemed automatically extended without amendment for additional one year periods from the present, unless forty- five (45) days prior to any such date, we shall notify you in writing by certified mail at the above listed address that we elect not to consider this Letter of Credit renewed for any such additional periods. This Letter of Credit sets forth in full the terms of our undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to any document or instrument referred to heroin or in which this Letter of Credit relates and any such reference shall not be deemed to incorporate herein by reference any document or instrument. Very truly yours, BANK O/~IITHTOWN By: ~ Executl~e..~ President and Chief Lending Officer 2 · Founded 1910 · February 14. 2006 Mr. Joseph P. Pfaff, VP, GM Laurel Links Country Club P.O. Box 307 Laurel, NY 11948 RE: Laurel Links Country Club Located on the s/s/o Main Road (SR 25) in Laurel, NY SCTM# 1000-125-3-13, 125-4-24.23 Zone: AC Dear Mr. Pfaff: The Southold Town Planning Board, at a meeting held on Monday, February 13, 2006, adopted the following resolution: WHEREAS, the applicant has an outstanding Letter of Credit No. 100294 in the amount of $100,000 issued by the Bank of Smithtown as a performance guarantee for the site plan known as Laurel Links Country Club; and WHEREAS, James Richter, the Town Engineer, performed a final inspection of the required improvements and has issued a letter of completion dated July 28, 2005; be it therefore RESOLVED, that the Southold Town Planning Board release the remaining $100,000 Letter of Credit as a performance guarantee for improvements, and recommends same to the Town Board. If you have any questions regarding the above, please contact this office. Very trulyyours, Jerilyn B. Woodhouse Chairperson Planning/2006/Resolutions/LaurelLinksLoC Page I of I Neville, Elizabeth From: Neville1 Elizabeth Sent: Wednesday, February 01, 2006 12:46 PM To: Bohn, Lynda; Cooper, Linda; Corcoran, Kieran; Finnegan, Patricia Subject: Resolution 1573 Pat, Victor L'Eplatenier, Planning Board staff called about releasing this subdivision bond this morning. [ told him that I must have a Planning Board resolution recommending to the TB the release of this bond, and letters from the Superintendent of Highways and Town Engineer recommending same. Victor contacted Jamie and Jamie gave me a letter but said he doesn't think a letter from the Supt. of Highways was necessary because this highway will never be turned over to the Town of Southold. I will be sending you the back-up over inter- office mail. Please advise. Thank you. Betty Title: Subdivision Bond Release Department: Town Clerk Category: Bond Meeting: Tuesday, January 31, 2006 4:30 PM 2/1/2006 Page 1 of 1 Neville, Elizabeth From: Neville, Elizabeth Sent: Wednesday, February 01, 2006 12:19 PM To: L'Eplattenier, Victor Subject: Laurel Links Bond Tracking: Redpient I~livery L'Eplattenie~, Victor Delivered: 2/1/2006 12:19 Pt4 Victor, Jamie Richter just brought me down a copy of his letter staling that all of the construction items in the original bond estimate have been satisfactorily completed. This is sufficient, I will not need a letter from the Supt. of Highways because it will not be a town mad according to Jamie Richter. But, I do need the resolution from the Planning Board recommending the release of the bond to the Town Board. The next Town Board meeting is February 14, 2006. Betty 2/1/2006 ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAOEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net RESOLUTION # (ID # 1573) Resolution ID: 1573 Meeting: 01/31/06 04:30 PM Department: Town Clerk Category: Bond THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. (ID # 1573) WAS DRAFT AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 31, 2006: RESOLVED that the Town Board of the Town of Southold hereby releases the following performance bond for the major subdivision of Laurel Links, Ltd.: Letter of Credit No. 100243 of the Bank of Smithtown in the amount of $1oA,625.00, as recommended by the Southold Town Planning Board and the Town Engineer, subject to the approval of the Town Attorney. Elizabeth A. Neville Southoid Town Clerk JOSHUA Y. HORTON SUPERVISOR FEB 1 $outhold Town Clor~ JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, N~V YORK 1 ~971 Tel. (~1) -765 - 2560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Jerilyn B. Wcoclhouee Chairperson - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 July 28, 2005 Laurel Links Count~ Club Mattituck, New York $CTM #: 1000 - 125 - 03 - 13 Dear Mrs. Woodhouse: Please consider this report to be a final inspection report for the above referenced proje~ The final lift of asphalt or asphalt wearing course has been placed throughout the subdivision In a satisfactonj manner. This item would also include the parking areas for the Club House Site Plan. Signage and pavement ma~dngs have also been installed and meet the minimum requirements of Town Code. All required landscaping has been completed in a satisfactory manner. At this time, all of the construction items listed in the original bond estimate have been satisfactorily completed. If you have any questions regarding this review, please contact my office. Michael J. Verity (Chief Building Inspector) tar, R.A. 1547 ]~ve~ee~, ~ 11901 CHARLES P~ CUDDY ATtORNeY AT LAW 44~ ORIFI~NO AVEI~RJE RIVERHHAD, NHW YORK January 13, 2003 TEL: (631) ~-8~0 FAX: (6~1) E-mail: charl~s.eu~d~r~fizan.net Southold Town Planning Board Town Hall Main Road Southold, NY ! 1971 Re: Laurel Link~ Ltd. Dear Board Members: Enclosed is the original Letter of Credit from the Bank of Smithtown in the reduced amount of $144,625.00. This Letter of Credit expire~ at January 6, 2004, and replaces the Letter of Credit, dated April 24, 2002. Please note that the Letter of Credit is automatically extended for additional one (1) year periods, unless fo.,.n'y-five (45) days prior to the expiration date, the Bank notifies the Planning Board in writing that it wall not renew the Letter of Credit. Please return the old Letter of Credit to this office in the envelope provided. Thank you. CRC:ik Enclosures Ve~, truly yours, Charle~ R. Cuddy