HomeMy WebLinkAboutConklin Point Estates, y Southold Town Board - Letter Board Meeting of November 19, 2013
RESOLUTION 2013-832 Item # 5.19
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ADOPTED DOC ID: 9270
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-832 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 19,2013:
RESOLVED, that the Town Board of the Town of Southold hereby accepts the Site
Improvement Bond No. 61831455 issued by Western Surety Company in the amount of $8,200
for the proposed Clustered Standard Subdivision of Conkling Point Estates, Suffolk County Tax
Map #1000-53-4-44.1, located on the west side of Kerwin Boulevard, approximately 575 feet
west of August Lane in Greenport, as recommended.by the Southold Town Planning Board, all
in accordance with the approval of the Southold Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER: William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell
Generated November 20, 2013 Page 28
PERFORMANCE BOND
Bond Number: 61831455
KNOW ALL PERSONS BY THESE PRESENTS, That we Posillico Construction Co. Inc
Of
346 Maple Ave, Westbury, NY 11590 , hereinafter
referred to as the Principal, and WESTERN SURETY COMPANY
as Surety, are held and firmly bound unto Town of Southold
, hereinafter
referred to as the Obligee, in the sum of Eight Thousand Two Hundred and 00/100
Dollars ($ 8, 2 0 0.0 0 ), for the payment of which we bind ourselves, our legal representatives, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee, dated the 1st day of October ,
2013 ,for Conklin Point Estates, Kerwin Boulevard
NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless
the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null
and void; otherwise it shall remain in full force and effect.
ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after
Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the
Obligee named herein or the heirs, executors, administrators or successors of the Obligee.
SIGNED, SEALED AND DATED this 8th day of October 2013
Form F4597
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 61831455
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents
make, constitute and appoint August F Carbone
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on
its behalf as Surety, bonds for:
Principal: Posillico Construction Co. Inc
Obligee: Town of Southold
Amount: $500,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed
with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said
attorneys) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following
bylaw of Western Surety Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of June 3 0 th
2014 , but until such time shall be irrevocable and in full force and effect.
In Witness Whereoty Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and
its corporatgM&I to be affixed this 8th day of October , 2013
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WES Ifil.
SUR Y COMPANY
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Paul T ruflat, Vice President
On this 8th day of October in the year 2013 , before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTEIN�SUiETY COMPANY and acknowledged said instrument to be the voluntary act and deed o said corp on.
♦ ♦ti ♦S�ti.a] .=and tih�tititititititi
f S. PETRIK f
iNarARY
PUBLIC/moi
SOUTH DAKOAit
TA Notary Public -South Dakota
+tihhti�ftihtititi StitititiytitiMti•4
My Commissioncpires August 11, 2016
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 8 th day of
October , 2013 .
Form F5306-8-2012
WES R. SURE Y COMPANY
Paul T ruflat, Vice President
ACKNOWLEDGMENT OF SURETY
STATE OF New York 1 (Attorney -in -Fact) Bond No. 61831455
COUNTY OFA! An A U I
-t
On this 8 day of OGTo sy— Z O 13 , before me, a notary public in
and for said County, personally appeared August F Carbone
to me personally known and being by me duly sworn, did say, that he/she is the Attorney -in -Fact of WESTERN SURETY
COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the
State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of
Directors and that the said August F Carbone
acknowledges said instrument to be the free act and deed of said corporation and that he/she has authority to sign said
instrument without affixing the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at
W EJTBuR!!/ , NE -U-) 1(aR.11L , the day and year last above written.
My commission expires
f.tOVE UA 3 r 2013
Form 108-9-2013
THOMAS POSILLICO
NOTARY PUBLIC, Slate of New York
No.304876051
QuaRW in Nassau County
Commission Expires Nov. 3,20-1-+—
PERFORMANCE BOND
Bond Number: 61631955
KNOW ALL PERSONS BY THESE PRESENTS, That we Posillico Construction Co. Inc
Of
396 Maple Ave Westbury NY 11590 ,hereinafter
referred to as the Principal, and
WESTERN SURETY COMPANY
as Surety, are held and firmly bound unto Town
hereinafter
referred to as the Obligee, in the sum of Eight Thousand Two Hundred and 00/100
Dollars ($ 8.2 00. 00 ), for the payment of which we bind ourselves, our legal representatives, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee, dated the 1st day of October ,
2013 ,for Conklin Point Estates Kerwin Boulevard
NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless
the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null
and void; otherwise it shall remain in full force and effect.
ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after
Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the
Obligee named herein or the heirs, executors, administrators or successors of the Obligee.
SIGNED, SEALED AND DATED this 8th day of October 2013
Forth F4597
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Boud No. 61831455
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents
make, constitute and appoint August F Carbone
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on
its behalf as Surety, bonds for:
Principal: Posillico Construction Co. Inc
Obligee: Town of Southold
Amount: $500,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed
with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said
attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following
bylaw of Western Surety Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of June 3 0 th
2014 , but until such time shall be irrevocable and in full force and effect.
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Brutlat, and
its corporatfi,4o be affixed this 8th day of October 2013
SyHtTYC% WES SUR+ Y COMPANY
Z. Paul T ruflat,Vice President
$OUTI};
0A 11 4
On this 8th day of October , in the year 2013 , before me, a notary public, personally appeared
Paul T. Brufhtt, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTER+N;SUIETY COMPANY and ackno=rledged said instrument to be the voluntary act and deed o�said corp tion.
♦ ♦♦ .Z41♦♦♦♦♦\♦♦\♦♦\♦ I
S. PETRIK
rL HOTAHY PUBLIC r
r
,,SOUTH DAKOTAi Notary Public - South Dakota
My Commisslon rxpires August 11, 1016
1 the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full fore and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 8th day of
October 2013
WES R SURE Y COMPANY
T
Form F5306-8-2012 Paul T ruflat, Vice President
ACKNOWLEDGMENT OF SURETY
STATE OF New York 1 ss (Attorney -in -Fact) Bond No. 61831455
COUNTYOF WAS9AU 1
t
On thia 8 h day of ocn, S 6 2 O 3 , before me, a notary public in
and for said County, personally appeared August F Carbone
to me personally known and being by me duly sworn, did say, that he/she is the Attorney -in -Fact of WESTERN SURETY
COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the
State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of
Directors and that the said August F Carbone
acknowledges said instrument to be the free act and deed of said corporation and that he/she has authority to sign said
instrument without affixing the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at
W U
ESTBRY , NEW IOAY, , the day and year last above written.
My commission expires ►L
l.loyE,hBE.¢ 3— , 20 i 3
Forth 106-9-2013
THOMAS POSILLICO
NOTARY PUBLIC, SW9 of New York
N0.304875051
OuaRW in Nassau County,
Con m"an Expires Nov. 3,20J