HomeMy WebLinkAbout1000-76.-1-15.1 - 15.62 July 2002
~tephen Brander & Patrice McCaffr~
79 Ketewamoke Ave
Babylon, NY 11702
Ph &Fax 631,669-6682
Mr. Mark Terry
Town of Southold Planning Board
PO BOX 1179
Southold, NY 11791-0959
Re: Submittal of plans for Brander- McCaffrey Plat
Tax map numbers 1000-76-1-15.1 through 15.6 off Main Bayview between
Bayberry Rd and Smith Dr. North.
Dear Mr. Terry
Enclosed with this letter are 2 copies of plans for the property in question. I have
managed to get Suffolk County Water for the property and a neighboring lot as
indicated on the survey. I have had a professional engineer, Mr. Robert O'Brien,
design the sewage disposal systems for the properties. The plan is now with
Suffolk County Department of Health Services and appears to meet their
requirements. The Southold town Trustees received their copies of the plans of
the 2 waterfront lots Tuesday July 2nd. The DEC is reviewing the two waterfront
lots as well.
You may recall that I visited with you on this several months back. At that time I
was trying to make the parcel into 4 lots believing that I needed 40,000 sq. ft. for
each lot to meet Suffolk County Health Services' requirements. I was mistaken;
the reality is that since I am able to get the SCWA water, I have a signed
contract; the County only requires 20,000 sq. ft. per building lot. These lots all
meet that requirement. You may also recall that Southold Township approved the
sub-division in 1972 as the Michael Zukas Plat. As nothing has changed at this
point I expect those approvals should all carry forward to enable me to get
moving on this project. Patrice and I can meet with you after you have had a
chance to review the plans. We will be away until the 14th of July after that we
are at your service.
Hope to hear from you soon.
Respectfully,
Stephen E. Brander
JUL 0 201)2
Submission Without a Cover Letter
Subject:
Southold Town
Form 194 Rev. 12-00
For Real Estate Developers
(Fixed Cost)
Authorization - CWB-02-188-C
SUFFOLK COUNTY WATER AUTHORITY
CONSTRUCTION CONTRACT
THIS AGREEMENT between
STEPHEN BRANDER/PATRICE MC CAFFREY
residing at 79 Ketewamoke Avenue. Babylon, New York 1170?, party or parties of
the first part hereinafter known as "Developer", and the Suffolk County Water
Authority, a public benefit corporation having its principal office at Sunrise Highway,
corner of Pond Road, Oakdale, New York, party of the second part hereinafter known
as "SCWA".
WHEREAS, the Developer desires to secure water and water service at the
premises situate at .~_p.p_tJ!o.~, Suffolk County, New York, and desires an extension of
the mains as follows:
Install approximately seven hundred twenty two (722) feet of main on a private road.
WHEREAS, S~I~A is willing to make such exte~on upon the terms and
conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the premises and the mutual covenants
herein contained, the parties hereto agree to and with each other as follows:
1. The Developer hereby applies to SCWA for the above extension of its mains.
2. The Developer shall pay to SCWA the sum of Twenty Two Thou-~nd
Seven Hundred Eiohteen Dollars ($22.718.00) in accordance with the following
schedule. The sum of Two Thousand Five Hundred Dollars ¢$2.B00.00) shall be paid
simultaneously with the execution of this contract, and the remaining sum of Twenty
Thousand Two Hundred Eiohteen Dollars (~) is dUe and shall be paid with
the submission of Developer's site preparation sheet to SCWA. Amounts paid
hereunder shall not be subject to any interest charge and shall be applied and disposed
of as provided herein.
2A, The contract sum stated in Paragraph 2 includes repaying of the surface
of any existing developed roads where the pipeline is installed, but does not include,
nor will the SCWA be responsible for, repaying of the roads where the pipeline is
constructed within the development.
2B. If applicable, SCWA will backfill the trench within the development to the
grade of the existing surface. Compaction of the backfill, if required by the local
municipality, shall be the responsibility of the Developer.
3. The SCWA will proceed with due diligence to make the said extension. If
after completion, the length of the extension along the developed street (s) is less than
9§% of the length described above, then the Developer is entitled to a refund
equivalent to 95% of the extension distance less the actual footage of main installed,
times the average cost per foot with restoration. There will be no refund for
installations within the development.
4. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that mains laid
or to be laid in said streets shall be and remain the property of the SCWA, its
successors and assigns, and that the SCWA retains and shall have the right to extend
any main installed by it pursuant to the terms of this agreement in or to other lands,
streets, or avenues, but the Developer shall not by reason thereof be entitled to any
repayments or refunds. However, if a newly constructed building takes service (by
way of service line) directly from the water main installed pursuant to this agreement
within two years of the date of this agreement, a refund shall be available from the
surcharge actually collected by the Suffolk County Water Authority on account of such
newly constructed building. The surcharge shall be the amount that would have been
charged for extension of a water main to the newly constructed building if the water
main installed pursuant to this agreement had not been installed. The refund shall be
paid on a pro rata basis to those who, at the time the surcharge is collected, are
customers of record for the services connected to the main installed pursuant to this
agreement. The refund amount shall be limited so that in no event shall it result in a
cost of water mains to be less than the cost to install water mains from the center line
of the adjacent parcel of property.
5. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that any
assignment of this contract or any interest therein, or of any money due or to become
due by reason of the terms hereof without the written consent of the SCWA, shall be
void, except that if the Developer is a corporation, then and in the event of its
corporate dissolution consent is hereby given for (1) assignment to be made to the
principal stockholder or successor of said Developer, upon the assumption by the
assignee of the terms, conditions and liabilities contained in this agreement.
6. IT IS SPECIFICALLY AGREED that the performance under this agreement
by the SCWA shall not be required or commenced until and unless permanent
easement or easements, in writing, in proper form for recording, and acceptable to
Counsel for the SCWA, granting the right to construct and maintain water mains in a
private street or streets affected by this undertaking, shall have been executed by the
proper fee owner thereof, and mortgagees or other lienors, if any, and delivered to the
SCWA.
7. IT IS FURTHER SPECIFICALLY AGREED that performance under this
agreement by the SCWA shall not be required or continued when circumstances
beyond its control prevent, prohibit, or interfere with such performance. Such
circumstances include, but shall not be limited to delays in delivery of materials,
weather conditions, strikes or other labor difficulties, causes commonly referred to as
"Acts of God", acts or omissions attributable to the Developer and other conditions
not reasonably foreseeable.
8. If within two years of the in service date, the SCWA is required to relocate,
lower or otherwise move any of the pipelines and appurtenances installed pursuant to
this agreement by reason of change in grade or location of the street in which said
pipelines have been installed, then and in that event the Developer shall pay to the
SCWA the cost of such relocation, lowering or other change upon certification of the
cost thereof to the Developer. However, the aforesaid provisions of this Paragraph 8
shall be of no force and effect, if prior to any such change in grade or location of said
street, all of the following circumstances obtain: 1) the release of the performance
bond, if any, filed by the Developer with the town or other municipality having
jurisdiction to require same; and 2) discharge of all obligations from the Developer to
said town or other municipality under said bond or otherwise; and 3) the dedication to
and due acceptance by said town or other municipality of such street into and as part
of its public highway system; and 4) that such change in grade or location occurred
through no cause attributable to Developer.
9. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that if the SCWA
is required to relocate any of its facilities, including but not limited to service lines, due
to the improper location of other utility facilities within 10 feet, then the Developer
shall pay to the SCWA the cost of this relocation. Water service will not be provided
until these costs are paid.
10. IT IS FURTHER UNDERSTOOD AND AGREED that the above estimated cost
of construction as set forth in Paragraph 2 of this Agreement is based upon the prices
in effect pursuant to public bid between SCWA and its various contractors for the
calendar year 2001. In the event that (1) the project site is not made ready for main
installation as specified by SCWA or (2) in the judgment of SCWA the water main
construction cannot be completed by December 1st, or (3) the Developer does not
complete payment during the specified year, the SCWA shall have the right to revise
the above estimate in accordance with their prevailing contract prices for the year in
which the construction is to take place, or upon written request of the Developer the
contract deposit shall be refunded less design and construction drawing expense of
SCWA and the contract cancelled.
IN WITNESS WHEREOF, the parties have interchangeably set their hands and
seals (or caused these presents to be signed by their proper corporate officers and
caused their proper corporate seals to be hereto affixed)this day. of ,
20
STEPHEN BRANDER/PATRICE MC CAFFREY
(Please print name & title of person signing Agreement)
SUFFOLK COUNTY WATER AUTHORITY
Officer
(See next page for acknowledgments)
STATE OF NEW YORK
COUNTY OF SUFFOLK
}
}SS.:
}
On the day of in the year 2001, before me, the undersigned,
a Notary Public in and for said state, personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to be
the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),
and that by his/her/their signature(s) on the instrument, the individual(s), or the person
upon behalf of which the individual(s) acted, executed the instrument.
Notary Public
STATE OF NEW YORK
COUNTY OF SUFFOLK
}
}SS.:
}
On the day of in the year 2001, before me, the undersigned,
a Notary Public in and for said state, personally appeared SteDhen M. Jones
personally known to me or proved to me on the basis of satisfactory evidence to be
the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),
and that by his/her/their signature(s) on the instrument, the individual(s), or the person
upon behalf of which the individual(s) acted, executed the instrument.
Notary Public
ACKNOWLEDGEMENT FORM FOR USE
OUTSIDE NEW YORK STATE ONLY:
State of )
ss:
County of )
On the day of in the year 2001, before me, the
undersigned Notary Public, personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to be
the individual(s) whose name(s) is (are) subscribed in the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(is), that by his/her/their signature(s) on the instrument, the individual(s), or
the person upon behalf of which the individual(s) acted, executed the instrument,
and that such individual made such appearance before the undersigned in the __
(Insert city or other political subdivision and the state or country or other place the
acknowledgment was taken).
NEW YORK SUBSCRIBING WITNESS ACKNOWLEDGEMENT
State of New York )
SS:
County of Suffolk )
On the day of in the year before me, the undersigned,
a Notary Public in and for said state, personally appeared
the subscribing witness to the foregoing instrument, with whom I am personally
acquainted who, being by me duly sworn, did depose and say that he/she/they reside(s)
in
(include street and street number): that he/she/they know(s)
to be the individual described in and who executed the foregoing instrument; that said
subscribing witness was present and saw said
execute the same; and that said witness at the same time subscribed his/her/their name(s)
as a witness thereto.
Notary Public
ZONING R-40
BAYBERRY
PREPARED FOR:
STEVEN E. BRANDER
PA[RICE MoCAFFREY
79 KETEWAMOKE AVE.
BABYLON, NEWYORK 11702
631-669-6682
1T
LOT
LOT
[OFUNE
LOT
4
ROAD
LOT
ROOT
SMITH " DRIVE
8.C.T.M. Nee. t0~0~'f~0t.t5.00t '11-IRU 15.006 INCL.
SUFFOLK COUNTY DEPARTMENT OF HEAL'ITt SERVICES
HAUPPAUOE, NEqN YOlk(
IN 'mE
LOTS WA8
Ill ,t= NO.: L 253816JOB NUMBER: 1262-01-8
BAYBERRY
RO~
4
WELLIN
SMITH
k
LOT
4
~41° $1',
NUI4~I~ lm
DRIVE
PREPARED FOR:
8TEVEN E. BRANDER
PATRICE M~
79 r~ m =WAMCXCE AVE.
BABYLON, NEW YORK 11702