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HomeMy WebLinkAboutWetland Violation TOWN OF SOUTH WINDSOR INLAND WETLAINDS WATERCOURSES AND CONSERVAIISUB U LIJI D APPLICATION # f`,*P DATE RECEIVED & MAY 25, 1999 INSTRUCTIONS South Windsor INLAND WETLANDS AGENCY/ 1. THE APPLICATION, MAP AND PLANS MUST BE SUBMITTED rN T-II f ISSION TOGETHER WITH THE FEE SET FORTH IN THE INLAND WETLANDS, WATERCOURSES AND CONSERVATION REGULATIONS, TOWN OF SOUTH WINDSOR. (SEE REGULATIONS, SECTION VII). 2. THE SOUTH WINDSOR INLAND WETLANDS, WATERCOURSES AND CONSERVATION REGULATIONS SHOULD BE REVIEWED WITH RESPECT TO THE STANDARDS AND CRITERIA FOR APPLICATION EVALUATION. (SEE REGULATIONS, SECTIONS VII - X). 3. THE APPLICANT UNDERSTANDS THAT THIS APPLICATION IS TO BE CONSIDERED COMPLETE ONLY WHEN ALL INFORMATION AND DOCUMENTS REQUIRED BY THE AGENCY HAVE BEEN SUBMITTED. THE APPLIC.�NT SHALL ALSO COMPLETE THE STATE FILING FORM. A. APPLICANT'S NAME: I A)Q r1or ADDRESS: 95 fZ;4:% Crest' le 0610�' PHONE: (HOME) 86o q,66-So%1 (WORK) B. LEGAL OWNER'S NAME: Alexa���r C,orslc� ADDRESS: PHONE: (HOME) ( y i M— (WORK) (List additional owners, addresses, and tel T's on back of application) C. IF THE APPLICANT IS NOT THE OWNER OF THE SUBJECT PROPERTY, A LETTER BY THE PROPERTY OWNER(S) AUTHORIZING THE PROPOSED REGULATED ACTIVITY SET FORTH IN THE APPLICATION MUST ACCOMPANY THIS FORM AND WILL BE PART OF THE APPLICATION. D. PROJECT NAME (if any) Pek n-hc;vt f&4 pxq K psi• (2em c4 k&-b t, 1. Contact Person (if further information is needed). �� Kellw t' A. 1- k +k t Noe S.Ac ( oeawierw Bvr�o k} Eak ISM vt 6 CT 6b0z(0 Phone # (work) I?bn 653.90oo Fax # 81ao gLH-e yo E. THE GEOGRAPHICAL LOCATION OF THE PROPERTY WHICH IS TO BE AFFECTED BY THE PROPOSED REGULATED ACTIVITIES INCLUDING A DESCRIPTION OF THE LAND IN SUFFICIENT DETAIL TO ALLOW I >~ICAT�0�1-0F M-E P-R RTIL" ^W t TEE I ANC WATERCOURSES MAP. Assessor's Map # 'F4 —Parcel Zone A-4o F. NAMES OF ALL ABUTTING PROPERTY OWNERS: (Use separate sheet if necessary) list ai+ac �1 G. HAVE YOU NOTIFIED ALL ABUTTING PROPERTY OWNERS BY CERTIFIED LETTER THAT AIN APPLICATION IS PENDING BEFORE THE AGENCY? ES ** (You are required to supply a copy of the letter with he list of the names of the abutters) ** �w���� wai lad SrZB�q9� H. PURPOSE AND DESCRIPTION OF ALL PROPOSED REGULATED ACTIVITY(S) INCLUDING AMOUNTT AND TYPES OF FILL AND THE TIME ELEMENT INVOLVED: tea.roar�C w�1� -�►k.e °'��'°x�;,Kw�e(,� �,M,trv�'{1.�, . IV�L �7ur}>OSC 9T� yOt�'iL \5 tiff �lVti � '�q O[l�Nt ��t� _ Covd.�uv►s a�.� breueK� rCocck�„�¢, IZ-n ¢w� s�l'eQ„. w.�� b�6VIL I. A CLASS A-2 MAP OF THE PROPERTY DRAWN TO 1" _ 40', SHOWING THE AREA TO BE DEVELOPED, EXTENT OF THE WETLANDS AND WTERCOURSES AFFECTED, TOPOGRAPHY, EXISTING AND PROPOSED ACTIVITIES AND NAMES AND LOCATIONS OF ADJACENT PROPERTY OWNERS MUST BE SUBMITTED. J. ACREAGE OF WETL.-UNDS AND WATERCOURSES TO BE ALTERED: ,OiB Ac K. ACREAGE OF WETLANDS AND WATERCOURSES TO BE CREATED: b L. LINEAL FEET OF PROPOSED STREAM ALTERATION: M. TOTAL LAND AREA OF PROJECT AND PERCENTAGE WHICH IS WETLANDS 3.9 N. IDENTIFY ALL OTHER PERMITS OR APPROVALS THAT HAVE BEEN ISSUED, APPLIED FOR, OR REQUIRED WITH RESPECT TO THE PROPOSED ACTIVITY SET FORTH IN THIS APPLICATION. (These may included but not be limited to, local Planning & Zoning, Zoning Board of Appeals, D.E.P., F.E.M.A., D.O.T., The Army Corps of Engineers, and any other State, Local or Federal Permits.) 0. THE APPLICANT (OR DESIGNATED REPRESENTATIVE) HEREBY ATTESTS THAT A SIGN WILL BE POSTED AT THE FOLLOWING LOCATION(S) Q Ov% S�Kg a+ evJ o� C>>a,rsl ca. d o+� C>orls�t 1. a+ cdse of CaSewc tK't . by I�cs1��t.� stx�lnc NAME TZ r �,e��wa►1 ON OR BEFORE THE FOLLOWING DATE: J u 3 ,►99q SIGNATURE: THESE SIGNS MUST BE DISPLAYED CONTINUOUSLY FOR AT LEAST TEN (10) DAYS PRIOR TO SCHEDULED MEETING (See Regulations, Section 7.3a). THE UNDERSIGNED HEREBY APPLIES FOR THE REGULATED ACTIVITIES LISTED IN PARAGRAPH H ABOVE, FOR A INLAND WETLANDS, WATERCOURSES AND CONSERVATION PERMIT FOR THE PROPERTY DESCRIBED HEREIN AND CONFIRMS THAT: 1. APPLICANT IS FAMILIAR WITH THE CURRENTLY EFFECTIVE INLAND WETLAND, WATERCOURSES AND CONSERVATION REGULATIONS OF THE TOWN OF SOUTH WINDSOR. 2. APPLICANT UNDERSTANDS THAT AT ANY TIME DURING THE REVIEW PERIOD, THE AGENCY MAY REQUIRE THE APPLICANT TO PROVIDE MORE INFORMATION ABOL7 THE WETLANDS AND/OR WATERCOURSES IN QUESTION AND/OR ANY PROPOSED ACTIVITY. 3. ALL INFORMATION SUBMITTED IN THE APPLICATION FOR REVIEW SHALL BE CONSIDERED FACTUAL, OR IN THE CASE OF ANTICIPATED ACTIVITY, BINDING. A KNOWING FAILURE OF THE APPLICANT OR -kINY OF HER/HIS AGENTS TO PROVIDE CORRECT INFORMATION, OR PERFORMANCE EXCEEDING THE LEVELS OF ACTIVITY ANTICIPATED, SHALL BE SUFFICIENT GROUNDS FOR REVOCATION OF ANY PERMIT UNDER THESE REGULATIONS. 4. BY MAKING THIS APPLICATION, THE APPLICANT GIVES PERMISSION TO THE INLAND WETLAND, WATERCOURSES AND CONSERVATION COMMISSION MEMBERS AND/ R 0 ITS REPRESENTATIVE TO ENTER THE PORTIONS OF TH E PREMISES WHICH ARE SUBJECT OF THE APPLICATION FOR THE PURPOSE OF INSPECTION AND INVESTIGATION AND OTHERWISE EVALUATING THE MERITS OF THE APPLICATION BOTH BEFORE AND AFTER A FINAL DECISION HAS BEEN ISSUED. ignature of Owne of7ope:ty Date S 7 ignature of Applicant ✓ Date S- — 79' JUL 26 '99 11:00AM F.A. HESKETH & ASSOC 203 2860287 P.3 FORREST VILLAGE SUBDIVISION Detention Pond Outafall cos TEsnuiI—E DESCRIPTION UNIT QUAN. UNIT PR. sum Mobilization 1 $1,000.00 $1;000 Sedimentation &Ems.Contmi L.S. 1 $1,000.00 Site Clearin &Pre ar d0f, L.S. 1 $3,000.00 $3,000 •✓ Con&. Exit •Anti Track Pad EA. 2 $2,000.00 $4;000 Earth Excavation(MO C.Y. 700 ► ,o o Gravel,Access Road 10'wade L.F. 500 $15.44 $7,500 Outlet Contmi Structure L.S. 1 $6,000.00 $6,000 Cgs EA. 1 $2,500.00 $2,500 CPS S . L.F. 150 $35.00 $5,250 Conc. FES EA. 1 $500.00 $500 ` C.Y.. v.. .1_..330::. 4r .Rpra Em en Spillway $SZp C.Y. 41 $40MRi ra Basin/Apron $1.,200 3S"b Ili Swale C:Y. 70 .f- $4"0 $Z,804 1 iZ To soli&Turf Estab. S.Y. 900 -5 _$4:80 ;60tT �s�v As-Built.Survey/Plan ILS. 1 $2,000.00 $2,400 TOTAL $ 0 57t rrx� 7-7 OAJ �'`� fir`�J����� � .�,'�i•� 73 CiUv T't�� ti File 98208 7128199 s , A.G, BUILDERS, INC. RESIDENTIAL • NEW CONSTRUCTION • REPAIRS • REMODELING • LAND DEVELOPERS 85 RIDGE CREST CIRCLE Office Tel. & Fax (203) 667-3625 WETHERSFIELD, CT 06109-1049fto Residen C 956-5061 RECEIVED To: Town Manager Matthew B. Galligan _ J U N 1 1998 Town of South Windsor, Town Hall soutANII "EHc pEFE 1540 Sullivan Avenues ' V South Windsor, Ct. 06074 li And: Jerry C. Iazzetta, Town Engineer and to whom it may concern. 6 Re: Forest Village Subdivision-Punch List dated May 26-th 1998. Dear Mr..Galligan and Mr. Iazzetta: Concerning our meeting on the date of May 27-th, 1998, 2:30 p.m., at the request of Jerry C. Iazzetta, Town Engineer, we send our point of view for your consideration. You also gave a Punch List dated May 26-th, 1998 which is addressed not to us, but to Michael J. Gantick, Director of Public Works. On my request I and my two engineer experts reviewed originally approved subdivision plans, road and utility as-built plans and various communications. A site inspection was also completed on May 1-st, 1997 and May 19th, 1997. Plans and documents reviewed are in Schedule A which is attached to the report. Our goal in reviewing these documents was to: 1. Determine the subdivision plans as originally approved and/or modified by South Windsor regulatory commission, 2. To check Punch List prepared by the engineering department on April 15th, 1991 (ref. 10)with accurate representation of outstanding items iri need of completion or correction. The second unsigned Punch List dated 9/13/96 with an attached Town of South Windsor Bond Estimate Form dated 9/4/96 was also reviewed. The 10 items listed in the Punch list, although identified to be Forest Village Subdivision, was not signed by a responsible representative of the Town of South Windsor and therefore not addressed to A.G. Builders, Inc. Memorandum dated May 26th, 1998 was not addressed to A.G. Builders, Inc., but only to Mr. Michael Gantick, Director of Public Works. We have three punch lists and are supposed to have only one. Please, address one final Punch List to us so that we can discuss all items. RESPONSE AND/OR FINDINGS TO THE MEMORANDUM dated May 26th, 1998 Item numbers below correspond to the item numbers in Check List prepared by the engineering department,two our experts, concerning: 1. Detension basin outfall erosion problem must be corrected: 1 Concerning the drainage outfall at Gorski Drive, South Windsor, Ct, according to Town of South Windsor request and case in Superior Court at 69 Brooklyn Street, Rockville, Ct, No. DN CV960060622, Town of South Windsor vs. Alexander Gorski. The court dismissed and closed out the case for ever and our attorney David L. Gussak obtained on date 6/27/97 these informations: Please, be advised that this court entered a Judgment of Dismissal, in the above entitled action on date 6/20/1997 for failure to prosecute said action with reasonable diligence (PB 251). See enclosures. Concerning the inspection of drainage at Gorski Drive, we have a report from one of our experts,which says: To whom it may concern, According to your Mr. Gorski request, on the 8th of October, 1996, I inspected the outfall of the storm sewerage system off Gorski Drive. Mr. Gorski showed me the outfall of the sewer to the east of Gorski Drive, between lots 17 and 18. The flared outlet was discharging into a sedimentation basin. This basin had a few inches of sandy settlement in it. The flow from the sedimentation basin was discharging through another pipe into a small brook located southerly from this basin. The rate of discharging was approximately 150 ft downstream from the detension basin. We did not notice any sign of erosion either in the sedimentation basin nor in the brook - Bancroft Brook. Vegetation and bamboo was growing in the channel, which provides good protection for potential erosion problems. Since this summer we had extraordinarily high precipitation,we assume that if erosion caused a problem,it would have manifested itself "I have not known Mr. Gorski in the past and have not been involved with any part of his work." We,A.G. Builders, Inc. want a correction concerning this occusation and written response after a visual inspection. We made a request that Ident Street was attached to our detention basin, and is more water coming to our basin,which is good only for 43 acres. Our subdivision has only 43 acres of land. Subcontractor bond for Town of South Windsor was released to him after finished work and five year guarantee did not show any erosion in the detention pond. We still don't have any erosion on the basis of expert's opinion. This means if subcontractor bond was released, Town of South Windsor and Bank accepted his work, and paid for after inspection made by a bank inspector. ITEM No. 2: Binder pavement on Bancroft must be removed and replaced prior to placing-finish of paving. We agree with Mr. Iazzetta that the binder pavement must be removed and replaced prior to placing finish course of paving. 2 ITEM No. 3: Approximately 450 linear feet of sidewalk must be removed and installed in accordance with Town Standards. We have inspected the sidewalks within this subdivision. These sidewalks have been in place for 10 plus years and are in excellent condition except of 100 feet, which are supposed to be replaced. A guarantee for sidewalks is only for 5 years and in the past 10 years we still have good sidewalks. This subdivision is located in an area which is underlain with sandy soils. These soils make an.excellent base for roads and sidewalks. This is sustained by a letter (ref. 13) from the - Director of Public Works indicating that the native sand is approved as a sub base material. Regarding uncompleted sidewalks, it is not unusual to install sidewalks as individual lots are developed to prevent damage to walks. Accordingly, sidewalks which remain to be installed should be bonded on a per foot basis. As a lot is developed and the sidewalk completed in accordance with approved plans, a portion ofthe bond could be released. Bond to the Town of South Windsor concerning installation of the sidewalk was returned to the subcontractor, because his work was accepted. The bank inspector also accepted his work and paid him on the basis of a 5-year guarantee. Within these 5 years we did not have any problems with sidewalk, except vandalism on approximately 100 feet, which must be replaced. ITEM No. 4: Approximately 2,500 linear feet of sidewalk still needs to be installed. We agree that approximately 2,500 linear feet of sidewalk still needs to be installed according to Town Standards after finishing of construction of 17 houses which will be built as soon as possible. ITEM No. 5: Strong Road needs to be widened (about 20 feet long), a drainage structure installed and about 280 feet of curbing installed. The original subdivision plans (ref 1), specifically drawing 5 of 13, state that Strong Road shall be widened 5 feet from existing edge of pavement along entire property line. The approved plan and profile drawings(ref. 2), specifically drawing 8 of 13, shows Strong Road was originally 18-19 feet wide. Measurements-from the icting_ oitherly-road-edgeindic a road width of 24-25 feet. The widening need to end prior to the centerline on Bancroft Brook where the Forest Village Subdivision property line occurs. An appropriate taper of approximately 100 feet(20:1),prior to this point, was measured in the field. 3 The imposition by Mr. Iazzetta of additional conditions, ie. drainage structure, curbing and additional road widening is beyond what was originally approved by the Planning & Zoning Commission. Our obligation is to comply with approved plans which we did. ITEM No. 6: Structures between lots 7 and 8 need to have grading adjusted. We agree for grading adjusted between lots 7 and 8. ITEM No. 7: Easements are required across lots 22 and 23 and additional easement required between lots 7 and 8. The originally approved subdivision plans(ref. 1), specifically drawing 5 of 13, depict a 20 foot easement centered on the common property Tine o lots 7 & 8, and located along the northerly line of lot 40. The sanitary sewer line was shown centered on this easement. We indicated that this sanitary line was installed favoring the northerly edge of this easement to accommodate a storm sewer pipe which was to be installed by the Town of South Windsor. A plan prepared by the Town of South Windsor Engineering Department (ref. 7) clearly shows a design for installation of this storm sewer.. . A review of the As-built Plan(ref. 8), specifically Sheet 2 of 5, shows these improvements are within the originally granted easement area. I do not see the need for an additional easement area, especially considering that the Town of South Windsor intended to install the additional storm sewer pipe through this easement. Lot No. 7 was sold on the date October 26th, 1998 and has a certificate for occupancy. As-built drawing (ref 8), specifically on Sheet I of 5, indicated that the storm pipe was installed across the easterly portion of Lots 22 and 23. An easement was granted and recorded with the South Windsor Town Clerk's Office in Volume 807, Page 56 (ref. 12). ITEM No. 8: Trench patches on Gorski Drive must be repaired or replaced. We did not find a reference to trench patches in Mr. Iazzetta's letter dated May 26th, 1998 (ref 14). We assume this reference is to Bancroft Road. Trench patches will be fixed_when-a final 1" course is placed. ITEM No. 9: Pavement on Gorski drive at the cul-de-sac needs to be extended to the back of catch basins. 4 We agree that pavement on Gorski drive at the cul-de-sac needs to be extended to the back of catch basins. ITEM No. 10: Entire ROW area on Bancroft need to be graded, etc. in accordance with Town Standards. We agree that entire ROW area on Bancroft Lane needs to be graded, etc. in accordance with Town Standards after we finish the construction of 17 houses. ITEM No. 11: Eleven(11) catch basin tops need to be replaced. In our opinion eleven (11) catch basin tops look like brand new and we don't see any reason for replacing them Please, send us a written response with a reason of replacing them ITEM No. 12: Pipes in catch basins need to be cut flush and mortared correctly. We agree that pipes in catch basins should be cut flush and mortared correctly. ITEM No. 13: Forty-five(45)monuments need to be replaced. Forty-five (45) monuments were installed by Alford Associates, Inc. Engineering for the entire subdivision. According to blueprint specification for forty (40) lots and approved by Planning &Zoning Commission. Please, send us a written response with a reason why they are to be removed as soon as possible. ITEM No. 14: Split rail fence for the Open Space entrance needs to be installed(about 100 feet). We don't have conditions in subdivision approval for installation of 100 feet of split rail fence for the Open Space. In our approved subdivision we have tree buffer zone hi installed and the work was approved by Town Engineering Department. ITEM No. 15: Open Space entrance on Gorski Drive must be cleared. 5 We agree that Open Space entrance on Gorski Drive must be cleared. ITEM No. 16: Pedestrian ramps at Gorski and Bancroft must be replaced. There is a 4" drop to the pavement. We agree that pedestrian ramps at Gorski and Bancroft must be replaced. ITEM No. 17: As-built drawings are required. As-built drawings are done in 80% and remaining 20% will be done after construction of 17 houses. ITEM No. 18: There were about 30+/- Eastern Pines to be installed as per P&Z approval condition 1F. Less than half exist today. The approved subdivision plans, specifically Drawing 5 of 13, indicate that 2" caliper white pines shall be planted 15 feet on center, lots.1 through 4. We concur with Mr. Iazzetta that plantings along a portion of the rear lot line of lot 3 &the entire rear lot line of lot 4 are lacking. We would like to explain that trees were not planted along these rear lines because these areas are wooded. We concur that the wooded nature of the lots in this area will make the pines an understory planting and therefore not a very effective buffer. Since the additional punch list dated 9/3/1996 was not signed by a responsible individual from the Town of South Windsor to Alexander Gorski, president A.G. Builders, Inc., we request that the current checklist of outstanding items be prepared again for my review as an addressee. We expect a response from you as soon as possible. Respectfully yours, Alexander Gorski President of A.G. Builders 6 GUSSAK SILVER SKLAR & KIRSCH, P.C. ATTORNEYS AT LAW 100 FARMINGTON AVENUE HARTFORD,CONNECTICUT 06105-3708 (860)247-2012 - FACSIMILE:(860)246-9040 DAVID L.GUSSAK _ 22 MAIN STREET ANNE R.HOYT MOOSUP,CONNECTICUT 06354-1525 RANDY A.KIRSCH (860)564-4064 DENNIS R.LaVETTE JEFFREY A.McCHRISTIAN ALAN B.SILVER FACSIMILE:(860)564-1536 CLAUDIA M.SKLAR PLEASE REPLY TO HARTFORD KENNETH S.HALPERN,P.C. OF COUNSEL April 7, 1998 Aleksander Gorski 85 Ridge Crest Circle Wethersfield, CT 06109 Re: Town of South Windsor Case Dear Alex: Back in July of 1997, 1 sent you a letter with a copy of a Notice of Dismissal of the Town of South Windsor case which had been commenced against you. On April 6, 1998, 1 was in the Superior Court in Rockville. At that time, at my request, the Clerk of the Court rechecked the file and confirmed to me that the case on the attached notice has been dismissed, that there was no move to reopen it within the four month period, and that the file, therefore, has been closed out. I trust this will enable you to proceed with the other aspects of this situation without further concern regarding that particular matter. Very truly y ur j Gussak DLG/bjp Enclosure 19754-1 staiewwe iniano vveuanas do Wat6rCOUM83 ACtivtty Reporting Form n accordance wnn the requirements o on a- 14 of the Regulations Of COM4MCut State Agencues, this Corm is to be completed for eat action. Completed forms for all reportable actions during a calendar month shall be mailed to the Commissioner by the local agency no later than the 15th day of the month following the month in which the action was taken. (See instructions on back) 1 . TOWN: 2. LOCATION:(original scale copy of the USGS QUAD Mao with the site outlined or pinpointed) USGS QUAD MAP NUMBER: OR NAME: Ma,nches4er 3. APPLiCANTNIOLATOR OR PROJECT NAME: A)exavaer Gtwsici. 4. ACTIVITY TYPE CODE: (see list of codes on back, max. of 4 codes) . . ( 7, 1 C j If type code is 12 or 13, briefly describe the activity: 5. ACTIVITY PURPOSE CODE: (enter only one code letter) . . . . . . . . . . ( S ] 6. AREA OF WETLANDS AND WATERCOURSES ALTERED (or proposed to be altered, temporary or permanent, for ALL agency permits, denials and enforcement actions) A. Wetland Area Altered: . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 S?S' ACRES OR Q. FT. (circle one) B. Coen Water Body Area Altered: . . . . . . . . . . . . . . . . . . . . . 1 O ACRES OR SQ. FT.1 (circle one) C. Stream Alteration: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1*9 LINEAR FT.] 7. AREA OF WETLANDS OR WATERCOURSES CREATED: . . . . . . . I O ACRES OR SQ. FT.] (do not include wetlands converted to open water). (circle one) 8. TOTAL AREA OF PROJECT SITE: . . . . . . . . . . . . . . . . . . . . . . [13.9 ACRES} For Local Agency Use Only For State Use Only 9. REPORTING MONTH: 10. PUBLIC HEARING HELD: Y N GIS CODE 11 . ACT10N: enter letter A. permit issued B. permit denied C. permit extended/amended D. map amendment E. enforcement action F. jurisdictional ruling 12. AGENT: DATE RECEIVED DEP/rev.1/95 _�jI .�7 -�a I , �,� ;I P � � .�'��• II mCO g � la,. s•� ��''��I �I ��—,-"-1\� �l//, ;� „� AID r/�- \ I t , ����li ` 1.¢OI( �,:.,� �' f ii� fi�,�• � I� ,I �. 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Tarantino & Eriko Trust 1400 Main Street South Windsor, CT 06074 84 4 0120 Gorski Drive A G Builders Inc. 1052 Main Street Newington, CT 06111 84 5 0096 Gorski Drive Robert M. & Catherine R. Page 96 Gorski Drive South Windsor, CT 06074 84 6 0090 Gorski Drive Dorothy J. Lamberg 90 Gorski Drive South Windsor, CT 06074 84 7 0084 Gorski Drive Mariano & Evelyn R. Marrero, Jr. 84 Gorski Drive South Windsor, CT 06074 84 8 0072 Gorski Drive Harvey S. & Sandra Sweig 72 Gorski Drive South Windsor, CT 06074 84 9 0046 Gorski Drive A G Builders Inc. 1052 Main Street Newington, CT 06111 84 56 0110 Ident Road Frederick A. & Theresa Bitgood 110 Ident Road South Windsor, CT 06074 84 67 R008 Ident Road Edward W. Kasheta, Jr. 95 Ident Road South Windsor, CT 06074 MAP LOT STREET ADDRESS OWNER/MAILING ADDRESS 84 72 R097 Main Street Edward W. Kasheta, Sr. 1300 Main Street South Windsor, CT 06074 84 74 1330 Main Street Virginia M. Throwe 1330 Main Street South Windsor, CT 06074 84 75 1340 Main Street James K. & Meredith a. Engle 1340 Main Street South Windsor, CT 06074 84 76 1350 Main Street Joseph Saczawa 1350 Main Street South Windsor, CT 06074 84 77 R102A Main Street Helena S. & Alexander Gorski 85 Ridge Crest Circle Wethersfield, CT 06109 96 27 0020 Gorski Drive Stanley & Aniela Diacumski 20 Gorski Drive South Windsor, CT 06074 96 28 0057 Strong Road A G Builders Inc. 1052 Main Street Newington, CT 06111 96 29 0049 Strong Road Edward & Dorothy Niemitz 49 Strong Road South Windsor, CT 06074 96 30 1414 Main Street Kenneth & Christine Erikson II 1414 Main Street South Windsor, CT 06074 96 31 1^3S-Main-Street-Eveleen-J.McKenna 1430 Main Street South Windsor, CT 06074 MAP LOT STREET ADDRESS OWNER/MAILING ADDRESS 96 33 0015 Strong Road Darren A. Long 15 Strong Road South Windsor, CT 06074 d/pf/98208/list5259.Is 1 Hesketh wi 6 Creamery Brook • East Granby, CT 06026 F. A. Hesketh bt Associates, Inc. May 28, 1999 Richard P. Tarantino & Eriko Trust 1400 Main Street South Windsor, Ct 06074 CERTIFIED MAIL Dear Property Owner: RE: Forest Village Subdivision Detention Pond Outfall Erosion Remediation Alexander Gorski, Owner In accordance with Section 7.3b of the Town of South Windsor Inland Wetlands, Watercourses, and Conservation Regulations", we are required to notify you that an application has been filed on the property abutting yours and is subject to a hearing by the Inland Wetlands Agency/Conservation Commission. The application and plans are on file with the South Windsor Planning Department. The proposed work is designed to address an existing erosion problem at the outfall of the detention basin (as shown on the enclosed plan). As an abutting property owner you are invited to the hearing to ask questions and/or give comments, however, you are not required to attend. You may also submit written comments regarding the application prior to the hearing if you so desire. For further information regarding the specific date this will be heard, please contact Deborah Wark, Recording Secretary or Jeff Folger, the Zoning/Wetlands Enforcement Officer at the Planning Department, 644-2511, ext. 253. Very truly yours, F. A. HESKETH & ASSOCIATES, INC. Roger J. Kellman, P. E. Project Engineer Upf/98208/phot5219 Civil &Traffic Engineers • Surveyors • Planners • Landscape Architects Tel 860.653.8000 • Fax 860.844.8600 • email hesketh@snet.net MEMORANDUM TO: Jeffrey H. Folger, Zoning/Wetlands Enforcement Officer FROM: Jerry C. Iazzetta, Town Engineer Date: June 16, 1999 Re: Gorski — Detention Basin Repair We have reviewed the plans dated5/24/99 for the proposed repairs to the detention basin in the Forest Village Subdivision and have the following comments: 1. A gravel access road is required in accordance with the Public Improvement Specifications. The roadway should be built to enable access for maintenance of the outlet structure and rip rap swale. If the grade is greater than 8% it is recommended that stone be placed to provide a firmer base for vehicles. 2. The flared end should be concrete with a toewall as per our Public Improvement Specifications. JCl/sfg S:\ENGINEER\Proj.-P&z wetlands Applications\Gorski basin.doc MEMORANDUM To: Marcia Banach From: Judy Hall, Assistant to the Town Manager Re: Non-Tax Revenue Survey Date: July 1, 1999 CRCOG has asked that the attached survey g concernin non-tax revenue sources be completed by each municipality. The attached sheet is for your department. Please return the filled out survey to my attention by Wednesday, July 14, 1999. Any questions please call me at ext. 201. Thanks RECEIVED JUL 2 1999 SOUTH WINDSOR PLANNING DEPT. CRCOG's Non-Tax Revenue Survey Directions: In the area provided next to each item,please indicate the amount charged by your town. Where appropriate, attach sample documents and/or pre- printed fee schedules and CRCOG staff will be happy to record such information in its survey database. For example, for"parking fines"(item #8 in the Police Department),please attach a copy of a Parking Violation Ticket. Moreover,if there are categories within an item that have varying fees,please specify them. For example, for the Health Department's "restaurant permit" category (item#7), fees may differ according to seating capacity(i.e., a license for a food service establishment that seats 1 to 15 may cost$25 while a license for a food service establishment that seats 16 to 35 may cost$50). Remember: As this survey only includes fees not established by statute, please limit additional fee/fine categories to those that the town has the ability to determine the amount charged. Please contact Kristin Pauzano, CRCOG's Municipal Services Intern, at(860) 522-2217, ext.27 should you have any questions or need assistance. Planning& Zoning Department 1) Site Plan Approval (previously site development) Lr a U 2) Special Exception(previously special use) 4 j-@ p 3) Zone Change 4) Subdivision and Resubdivision 5) Appeals fee&Application 9S.00 6) Subdivision Regulations&Zoning Regulations -r v kh, 3,o e) ?�,,, �,,� Ja 00 7) Town Plan of Development t,S-0 o 8) Zoning Map ( .,f 0 9) Street Map ( 4' e S s b fe, �s- 10)Agendae� 11)Subscriptions 12)Staff Approval (application) 13)Applications to modify prior approvals_ SdsNr �r r-t q;&t�,(r 14)Photocopies* 15)Zoning Regulation Change &j—o o 16)Subdivision Regulation Change 6:ry s 0 17) Plan of Development Change 4,rr p 018) GIS-Generated Maps U„, „ A C u-O!,� *Please indicate if fees charged vary depending on the number of copies made and/or the size of the paper used. Additions/Comments 19) 20) 21 Respondent/Telephone Number: U b r—c Municipality: .So u--L W jyj ryrr- FAX BACK TO (860) 724-1274 9 NO LATER THAN FRIDAY, DULY 16TH 1999 CRCOG's Non-Tax Revenue Survey Directions: In the area provided next to each item, please indicate the amount charged by your town. Where appropriate, attach sample documents and/or pre- printed fee schedules and CRCOG staff will be happy to record such information in its survey database. For example, for"parking fines"(item#8 in the Police Department),please attach a copy of a Parking Violation Ticket. Moreover,if there are categories within an item that have varying fees,please specify them. For example, for the Health Department's "restaurant permit" category (item#7), fees may differ according to seating capacity (i.e., a license for a food service establishment that seats 1 to 15 may cost$25 while a license for a food service establishment that seats 16 to 35 may cost$50). Remember: As this survey only includes fees not established by statute,please limit additional fee/fine categories to those that the town has the ability to determine the amount charged. Please contact Kristin Pauzano, CRCOG's Municipal Services Intern, at(860) 522-2217, ext.27 should you have any questions or need assistance. Inland/Wetland Department 1)Private Permit(summary) G,S,a o 3 v o a-0-" 2) Private Permit(plenary) 3) Developer Permit(summary) 4)Developer Permit(plenary) 5)Revision 6) Regulations 7) Wetlands Map (s) 8)Photocopies* *Please indicate if fees charged vary depending on the number of copies made and/or the size of the paper used. Additions/Comments 9) 10) 11) 12) 13) Respondent/Telephone Number: Municipality: FAX BACK TO (860) 724-1274 4 NO LATER THAN FRIDAY, JULY 16TH 1999 MEMORANDUM TO: Jeffrey H. Folger, Zoning/Wetlands Enforcement Officer FROM: Jerry C. Iazzetta, Town Engineer Date: July 21, 1999 Re: Forest Village Subdivision — Detention Basin Remediation We have reviewed the drawings for the proposed Detention Basin Remediation at the Forest Village Subdivision and have the following comments: 1. A standard gravel access road is required to access the structures and rip rap swale so that the Town can maintain these areas. 2. A detail of the storm pipe trench must be provided. JCl/sfg S:\ENGINEER\Proj.-P&Z Wetland Applications\r-orest Village\Review July 21.doc JUL 26 '99 11:00AM F.A. HESKETH & ASSOC 203 2860287 P.1 7 qfaft F. A. HESKETH & ASSOCIATES, INC. 6 Creamery Brook East Granby, CT 06026 (860) 663-8000 (860) 8"-8600(Fax) email: hesketh@snet.net MEMORANDUM To: Jeff Folger Date; 7/20/99 Zoning/Wetlands Enforcement Officer Town of South Windsor From: Roger Kellman Subject: Forrest Village Subdivision Detention Pond 4utf2ll Our File : 98208 Attached please find a revised cost estimate for the proposed work. Per a discussion with Jerry lanetta, I have added the gravel access roads and an as-built survey to the estimate. I have also increased the unit cost for some items based on apparent local costs as reflected in the town's bond estimate form. I believe the total figure is quite conservative on the high side. It does not include the town's 26% contingency figure which is extremely conservative, but I guess reflects the town's costs if they*had to bid the project as opposed,to a private developer. While the gravel access roads have been added to the cost estimate, as you know this office does not believe these gravel roads are appropriate in this specific case. It is unlikely that any maintenance will be required for the detention pond or outfall. The most likely maintenance will be the removal of small debris from around the outlet control structure. This can be done by hand or with small equipment. The area of the existing drainage easement and the open space access appear to have stable soils that should not be difficult to drive over with small equipment for routine maintenance which can be done during dry weather. It is possible that the contractor will choose to install some gravel along his construction access route. This gravel can be left in place, However, it would not appear to be in the best interests of the IWWCC to encourage access or heavy maintenance in this area. e have-therefor-not-shown-either-of-the-gravel-accewroads-on-the-plan, - - - JUL 26 '99 11:00AM F.A. HESKETH & ASSOC 203 2860287 P.2 Jeff Folger July 20, 1999 Page 2 MEMORANDUM We will add a detail of the storm pipe trench to the final plans as requested in the Town Engineers memo of July 21, 1999. However, before we do that, can you confine in writing that town staff has no further comments which would require revisions to the plans or cost estimate. 1 would also rather not make these final changes until the IWWCC has approved the plans. Just in case they do request some revisions of their own. Please let me know if you need anything further for the hearing on Wednesday. cc; Alexand er Gorski Atty, David Gussak d:projed W208yfbI7269.pm1 JUL 26 '99 11:00AM F.A. HESKETH & ASSOC 203 2860287 P.3 FORREST VILLAGE SUBDIVISION Detention Pond Outafall cosrFsr/M4 rY DESCRIPTION UNIT QUAN. UNIT PR. gum Mobilization L.S. 1 $1,000.00 $1,000 Sedimentation & Eros. Control L.S. 1 $1,000.00 $1,000 Site Clearing&Pre aration L.S. 1 $3,000,00 $3,000 Constr. Exit Anti track Pad EA. 2 $2,000.00 $4,000 Earth Excavation fill C,Y, 700 $8.00 $5,600 Gravel•Access Road 10'wide L.F. 500 $15.00 $7,500 Outlet Control Structure L.S. 1 $6,000.00 $6,000 CB's EA. 1 $2,500.00 $2,500 Cps(8). L.F, 150 $35,00 $5,250 Conc. FES EA. 1 $500.00 $500 Ripra Emer enc Spillway C,Y, 130 $40,00 $5,200 Ri ra Basin/Apron C.Y. 30 $40.00 $1,200 R! ra o Swale C.Y. 70 $40,00 $2,800 Topsoil&Turf Estab. S.Y. 900 $4.00 $3,600 As-Built Surve !Plan L.S. 1 $2.000,00 $2,000 TOTAL $51,150 File 98208 7/26199 07/28/99 WED 14:30 FAX Q 002 MICHAELD,REINER* REINER, REINER & BENDETT, P.C. ADAM L.BENDETT ATTORNEYS AT LAW RANDALL S.MCHLX3H 160 FARMINGTON AVENUE LAWRENCE,M.GARFINKF►.. CHARLE:S R BASIL FARMINGTON, CONNECTICUT 06032 EDMOND F.LEEDFIAM,III** DAVID F.BORIUNO (860)677-2868 DAVID A.AZIA TELECOPIER NUMBER(860)677.4549 BERNARD D.MCMAIION F.IRIK KANEKO K1-ITH K. FULLER*** WATERTOWN OFFICE -_ 401 MAIN STREET WATERTOWN,CONNECTICUT 00795 ELEANORE GERST REINE.R" (860)945-6001 DAVIU'L.GUSSAK OF C.OUNSEL •AI%I>AIM717-0iINUNTRIC7pFOIL IMMA ^•Nsu AI'IMITRiP IN M!w YORK t^AI40 ALN.11'ITIP IN MANW111MR-11% July 28, 1999 Via 1:yax: (203)C44-7200 Town of South Windsor Planning Dept. 1540 Sullivan Avenue South Windsor, CT 06074-2786 Re: Application of A-Cr Builders, Inc. Gentlemen: The undersigned, as counsel for the applicant, A-G Builders, Inc., herewith grants an extension of thirty (30)days for the Public Hearing on this matter. A-G Builders, i rf f David L. Gussak Its Attorney DLG/mrw �t�wN SF,t� To� 0-ye sotdA V&'dZI't 9 ` 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR•co�'�� AREA CODE 860 / 644-2511 August 24, 1999 Certified #P462498021 AG Builders Alexander Gorski 85 Ridge Crest Circle Wethersfield, CT 06109 Dear Madam/Sir: At the August 11, 1999, special meeting, the Inland Wetlands Agency/Conservation Commission approved appl. #99-36W - AG Builders, Alexander Gorski - IWA/CC permit for the repair of an eroded gully and an existing stormwater outfall located in the Forest Village Subdivision. Located west of Gorski Drive, east of Main Street, and south of Strong Road, A-40 zone (Assessor's map #84, parcel #3). This approval is subject to the following conditions: 1. One blueprint copy of the entire set of plans and this letter reproduced thereon, must be submitted to this Commission. This must be completed within 65 days of approval prior to any construction activity on the site. Plans submitted to Planning & Zoning Commission shall be considered having met this requirement. 2. The application shall indemnify and hold harmless the Town of South Windsor against any liability, which might result from the proposed operation or use. 3. The permit is valid for five years and shall expire on August 11, 2004. It is the landowners)/applicant(s) responsibility to track expiration dates and notify�heCbmmission-o#'a renewal at least 65 days prior to expiration. r J AG Builders Alexander Gorski August 24, 1999 Page 2 4. All approvals required must be obtained and submitted prior to any activity on the site. 5. A contact person shall be identified on the plans. 6. A Settlement Agreement consistent with these conditions and substantially in the form presented as a draft at the meeting of August 11, 1999 and appended hereto as Exhibit A be executed, recorded and performed by the applicant in accordance with its terms. 7. That correction of the detention basin erosion problem described in Exhibit D to the Settlement Agreement (attached hereto) be done prior to any other work described in said Exhibit. 8. That correction of the detention basin be completed no later than October 15, 1999, or, if not completed due to acts of God such as the weather, that applicant shall utilize temporary stabilization measures to be maintained until permanent stabilization is achieved, such measures shall be consistent with Connecticut Guidelines for Erosion Control. 9. That, if applicant fails to comply with condition 8 above, the Town may utilize escrow funds under the Settlement Agreement to perform the necessary work. AG Builders Alexander Gorski August 24, 1999 Page 3 10. That the Design Engineer be present on site to inspect and certify the installation of the proposed drainage structures and stormwater conveyances at appropriate intervals or as called for by the Town. Very truly yours, INLAND WETLANDS AGENCY/ CONSERVATION COMMISSION Elizabeth A. Warren, Chairperson EAW:dr cc: Chief Building Official Planning & Zoning Commission Town Engineer y VOL. 1112PAGE 2 8 '3 �,. SETTLEMENT AGREEMENT S 8 This agreement made this Za day of d--k ItA , 1999, by and between A.G. Builders, Inc., a Connecticut Corporation of Wethersfield, Connecticut, Aleksander Gorski and Helena Gorski, both of Wethersfield, Connecticut, all of the above being hereinafter referred to as the Owner/Developer, and the Town of South Windsor, a Municipal Corporation in the County of Hartford and State of Connecticut, hereinafter referred to as The Town. WHEREAS, the aforesaid Owner/Developer in one or more of their capacities are the owners and developers of certain real property situated in the Town of South Windsor, County of Hartford and State of Connecticut, consisting of building lots and open spaces more particularly described and depicted in Exhibit A annexed hereto and by this reference made a part hereof, and WHEREAS, the real property being described in Exhibit A was formerly part of a Subdivision development within the said Town of South Windsor, which subdivision development was originally approved by the Town of South Windsor on the 1 Oth day of June, 1985, and WHEREAS, dispute arose between the said Owner/Developer and the Town regarding the completion, reworking, and/or repair and renovation of certain improvements made by the Owner/Developer during the period of their development of the aforesaid subdivision, and WHEREAS, as a result of the alleged failure of the said Owner/Developer to complete said items, the said Town did, on the 23rd day of June, 1992, undertook 1 VOI. 1112 PAGE 2(Ij 4 administrative action which purported to revoke the subdivision approval hereinabove referenced, and WHEREAS, in addition to said action, which purported to revoke said subdivision approval, the said Town also initiated legal action against each and every one of the Owner/Developer in their respective individual or corporate capacity, which action is entitled Town of South Windsor vs. A.G. Builders, Inc., et al., and which action bearing docket no. CV 98-0067233-5, is presently pending in the Superior Court for the Judicial District of Tolland at Rockville, with a return date of July 14, 1998, and WHEREAS, the said Owner/Developer and the said Town have engaged in significant and substantive negotiations in order to undertake a resolution and settlement of all controversies existing between them. NOW THEREFORE WITNESSETH that for and in consideration of the mutual covenants and agreements hereinafter described and set forth, the said Owner/Developer and the said Town do hereby agree as follows: 1. The said Owner/Developer shall undertake action, or as of the execution of this agreement, has undertaken action through the administrative boards of the said Town, specifically the Inland/Wetlands Agency of the Town of South Windsor and the Planning and Zoning Commission of the Town of South Windsor, to obtain the necessary administrative approvals of the Town for the rehabilitation and reinstatement of the subdivision referenced above. 2. Said applications to the Town of South Windsor Inland/Wetlands Agency -- - - and Planning andZoning-Commission, if not presently pending, shall be 2 VOL. 1112PAGE 2 8 5 made within fifteen(15) days of the execution of this agreement, and shall be made in conformity with presently pending planning and zoning and wetlands statutes and regulations of the State of Connecticut and Town of South Windsor. 3. The Town shall promptly and effectively receive, process, comment upon and assist the said Owner/Developer in processing said applications to the fullest extent possible in conformity with the aforesaid statutes and regulations. 4. As promptly as possible, from the date of execution of this agreement, the said Town, through its aforesaid Inland/Wetland Agency and Planning and Zoning Commission, shall undertake such action and activity as may be necessary to rehabilitate and/or reinstatement the aforesaid subdivision. The terms and conditions of this Settlement Agreement and any action by the aforesaid Inland/Wetlands Agency and Planning and Zoning Commission shall be held in abeyance and stayed by the parties hereto in the event and during the pendency of any appeal which shall be filed with respect to said actions by a third party. In the event of such appeal, and in the event that the said Town shall determine in good faith that a condition exists which threatens the public health and safety which mandates the undertaking of corrective action on the aforesaid former subdivision, and said action is within the scope and purview of this agreement, then and in such event, the Town shall make written demand of the Owner/Developer --to undertake such-corrective-action-only.-In-the eventthe-said -- - - - VO1. 1112 PAGE 2 Sj G Owner/Developer shall neglect or refuse for a period of fifteen(15) days after receipt of such notice to commence the said corrective action,then and in such event the said Town shall be authorized and empowered to undertake such corrective action and to expend funds necessary for such corrective action. Such funds as shall be expended shall constitute a first lien upon the property described in Exhibit C herein to the extent of such expenditures. If and in the event the said Town cannot be satisfied that such monies as may be expended shall constitute a first lien upon the property described in Exhibit C, then and in such event the said Town shall be, at itAble and exclusive discretion, authorized and empowered to reactivate the pending legal action hereinabove referenced and set forth. A first lien as described herein shall be a first lien exclusive of real estate taxes due and owing to the Town of South Windsor. 5. Notwithstanding the rehabilitation and reinstatement of said subdivision by the aforesaid agencies and commissions of the Town of South Windsor, the Owner/Developer shall accept the following restrictions and obligations and undertake the following commitments which shall be considered to be part of the reinstatement and rehabilitation of the aforesaid subdivision, and any breach by the Owner/Developerdf the conditions, obligations and commitments hereinafter set forth shall entitle the Town to consider the Owner/Developer to be in default of this agreement and to undertake the actions more fully hereinafter set forth. 4 VOL. 1112PAGE 287 6. At such time as the Town shall have completed action to reinstate and rehabilitate the aforesaid subdivision, and upon expiration of any appeal period which may pertain to such approval, the Owner/Developer shall execute and deliver to the Town a real estate bond in the penal sum of Two Hundred Thirty-Three Thousand ($233,000.00) Dollars in the form more particularly described in Exhibit B, a copy of which is annexed hereto and by this reference made a part hereof. Said Town may record such bond and such bond shall constitute a first lien exclusive of real estate taxes owed to the Town of South Windsor upon those lots or open- spaced areas which shall be presently owned by any or all of the said Owner/Developer as described in Exhibit C herein. At the time of execution of this agreement, the Owner/Developer shall have taken all necessary action, either by way of release of any existing lien or subordination of any existing lien to ensure that such lien as may be represented by the real estate bond described in Exhibit B herein shall constitute a first lien exclusive of real estate taxes upon said property. 7. The Owner/Developer hereby warrants and agrees that as of the date of execution of this agreement, the said Owner/Developer are the owners of certain open spaces depicted on the aforesaid subdivision map, and are also the owners of the property depicted on said map as nineteen(19) lots in said former subdivision. The respective ownership of this parcel owned by the Owner/Developer in the specific property depicted as lots in the — - -—former subdivision owned-by the Owner/Developer-is more particularly- 5 VOL. 1112 PAGE AMO described and set forth in Exhibit C, a copy of which is annexed hereto and by this reference made a part hereof, and it is to said property described in Exhibit C that the bond to be executed by the Owner/Developer in favor of the said Town shall,appertain. 8. Said bond, except as it may be released and collateral substituted thereof in accordance with the terms and conditions of this agreement shall remain in full force and effect for a period of one (1) year following the completion date of the actions, renovations, and corrections to improvements in the said former subdivision which are more fully hereinafter described and set forth. The determination of satisfactory completion shall be made solely and exclusively by the designated representative of the Town as hereinafter described and set forth, but said satisfactory completion shall not be unreasonably withheld. Evidence of satisfactory completion of all items in Exhibit D shall be the complete release of any real estate bond which may remain at the time of satisfactory completion, or complete release of any cash bond which shall be in effect as more fully hereinafter set forth. In addition, the Owner/Developer may request and record a statement by the duly authorized representative of the Town that all items, conditions and construction have, in fact, been completed, and said statement may be recorded upon the Land Records. 9. Upon approval by the Town of such action as shall rehabilitate or reinstate the subdivision of the_Owner/Developer,_and the expiration of such apa meal_ 6 VOI. 1112 PAGE _ period as may appertain thereto, which appeal period shall expire without legal action being instituted by any individual person, firm or corporation to appeal the reinstatement decision of the Town for reinstatement and/or rehabilitation of the Owner/Developers' former subdivision, the Owner/Developer shall undertake the corrective actions repairs, renovations and/or completion of those items more particularly described and set forth in Exhibit D annexed hereto and by this reference made a part hereof. The Owner/Developer shall, unless required by legal proceeding to terminate its actions in performance of the items set forth in said Exhibit D, use its best efforts to complete said items one hundred and twenty (120) days from the commencement date set forth herein. To the extent necessary, any item in Schedule D may be deferred for completion due to weather or other seasonal considerations by mutual agreement, in which case said items shall, be excluded from the aforesaid completion date. 10. Upon approval by the Town of such action as shall rehabilitate or reinstate the former subdivision of the Owner/Developer and the expiration of such appeal period as may appertain thereto, which appeal period shall expire without legal action being instituted by any individual, person, firm or corporation to appeal the reinstatement decision of the Town for reinstatement and/or rehabilitation of the Owner/Developer's former subdivision, the Owner/Developer may undertake the sale of any or all of - -- the-lots-described-in-Exhibt-C.--No-such-sale-may-occur-during-the— -- - - --- 7 voL. 1 1 1 2 PAGE 2 OV 0 pendency of any appeal until such appeal has been satisfactorily resolved. The Owner/Developer shall be entitled to obtain a release of the real estate bond described in Exhibit B from any lot or lots which the Owner/Developer may sell, and the Town agrees to promptly execute such release upon the terms and conditions described in paragraph I 1 below in a form described in Exhibit E annexed hereto and by this reference made a part hereof. 1 1. The Owner/Developer shall be entitled to obtain said release from the Town upon the following terms and conditions: a. Seller's counsel shall, at the time of closing of each released lot, remit to counsel for the Town a cashier's check, certified check or attorney trustee check of Reiner, Reiner, Bendett, P.C. in the sum of Thirty Thousand ($30,000.00) Dollars for the first five (5) lots sold; thereafter the escrow release shall be Twenty Thousand($20,000.00) Dollars per lot until a total of Two Hundred Thirty Thousand ($230,000.00) Dollars has been reached, said sum to be placed in an interest-bearing escrow account to be jointly controlled by counsel for the Owner/Developer and counsel for the Town. It is the intent and purpose of the parties hereto that the Owner/Developer may, by use of this escrow account procedure, undertake the sale and marketing of its real property and shall concurrently substitute cash for a portion of the real estate bond hereinabove described, and such cash as shall be -- - substituted by this procedure shall-be-presumed-and-c-0nstrued-to-be - - - --- -- 8 Yoc. 1112 PAGE 2 9 1 part of an overall bond consisting partly of cash and partly of real estate and shall be subject to all of the terms, conditions and restrictions governing bonds set forth in the agreement. The Town agrees to release all bonds either cash or real estate or portions thereof expeditiously and in accordance with its administrative procedures; and b. Owner/Developer agrees that at time of closing, each prospective purchaser shall be furnished with a copy of this settlement agreement which delivery to said purchaser shall be acknowledged by execution by said purchaser of a receipt for the said document, which receipt shall be in the form and condition as more particularly described and set forth in Exhibit F, a copy of which is annexed hereto and by this reference made a part hereof. 12. Notwithstanding the requirements of paragraph 11 herein, the Owner/Developer and the Town agree that once Owner/Developer has deposited the sum of Two Hundred Thirty Thousand ($230,000.00) Dollars into the cash escrow described in paragraph 11, the Owner/Developer shall be released and excused from making any further cash deposits to the escrow, it being agreed between the parties hereto that a cash bond of Two Hundred Thirty Thousand ($230,000.00) Dollars shall constitute full and adequate security for the performance and completion of the items described in Exhibit D, and upon the payment to escrow of 9 YOI. 11 .12PAGE 292 said sum, the Owner/Developer may obtain further releases of lots without the necessity of making any additional payment to the cash escrow. 13. In addition to the escrow provision described above the Town and Owner/Developer agree that for the first three (3) lots only which are sold by the Owner/Developer, a sum equal to one-half of the net proceeds (as hereinafter described) shall be remitted to Owner/Developer's counsel (David L. Gussak, Esquire of Reiner, Reiner& Bendett, P.C.) who shall hold said proceeds until such time as bills or invoices for the work described on Exhibit D shall be submitted at which time said monies may be disbursed towards the satisfaction of said bills or invoices; net proceeds as described herein shall be the sales price, less any bond escrow payment as described herein and less any sales expenses, such as commissions, legal fees, conveyance taxes and less any adjustments required for payment of real estate taxes. Once three lots are sold this proviso shall expire. 14. Owner/Developer and the Town agree that either the Owner/Developer or any person, firm or corporation which shall purchase any lot or lots from the Owner/Developer shall be entitled to obtain a building permit or permits for each such lot from the Town provided the Owner/Developer or the entity who shall have purchased said lot from the Owner/Developer shall comply with and meet all requirements of the Town for the procuring of a building permit, and further provided that the cash escrow deposit for each-of_such_lots_fox_which_a_building_permit_is_r_equested_shall_have_been _______ 10 VOI. 11 2PAGE AW made in compliance with the provisions of paragraphs 10, 11 and 12 herein. At the discretion of the Town and as a condition for the issuance of Building Permits, the Town may impose a requirement that for the first five (5) lots released from the real estate bond, the escrow deposit shall be the sum of Thirty Thousand ($30,000.00) Dollars for each of such lots. After five (5) lots have been released, the sixth lot and each subsequent lot, the escrow deposit shall be the sum of Twenty Thousand ($20,000.00) Dollars. 15. The Owner/Developer and the Town further agree that the Owner/Developer or any person, firm or corporation which shall have purchased a lot or lots from the Owner/Developer may, upon completion of the improvements to any lot pursuant to a building permit obtained in accordance with paragraph 13 herein, obtain a Certificate of Occupancy for such improvement, provided such improvement shall have been constructed in conformance to the building, health and safety codes pertaining to such structure, and shall have passed such requisite inspection procedures required by the building, health and safety officials of the Town. 16. The parties hereto agree that upon completion by the Owner/Developer of items as described in Exhibit D, the Owner/Developer shall be entitled to a reduction of the bond as follows: a. If the bond is solely and exclusively a cash bond, the sum of cash being held maybe reduced by the amount allocated 11 VOL. 1112PAGE 2 9 4 in Exhibit D for those items completed to the satisfaction of the Town. b. If said bond shall consist solely of real estate, or of both cash and real estate, said real estate bond may be reduced by one (1) lot for each Thirty Thousand($30,000.00) Dollars of value for the items completed to the satisfaction of the Town as allocated in Exhibit D. The completion of each of the items in said Schedule D must be confirmed in writing by the designated officials who shall be responsible for the inspection of such items to permit the bond reductions set forth herein. Notwithstanding any reduction in the bond permitted under this section, the Owner/Developer shall still be bound by the escrow provisions of paragraphs 10, 11 and 12, except that if the completion of items described in Exhibit D have been confirmed in writing as provided herein, the cash escrow shall not need to be greater than the amount allocated to the remaining items in Exhibit D. 17. Upon completion of all items in Exhibit D, or upon completion of all said items, excluding any item whose completion date shall have been deferred by mutual agreement of the parties hereto,the Owner/Developer shall be entitled to a reduction of the bond to a sum not to exceed Thirty Thousand ($30,000.00) Dollars, which bond shall be held for a period of one-(1)-year-from-the-date-upon which-completion-shall-be-confirmed-in - - 12 VOL. I 112 PAGE 9 writing by the designated Town representative as provided in paragraph 15 herein. Upon the expiration of said year, the bond monies shall be released and any remaining lien shall be released. The mutual deferral of completion of any item in Exhibit D shall not extend the time for the bond reduction contemplated herein, except that if upon the expiration of one (1) year any item in Exhibit D remains incomplete, then a sum representing one hundred fifty (150%)percent of the completion cost of such incomplete item may be retained by the Town until such item shall be completed. The designation of an item in Exhibit D as being incomplete and the completion cost of such item shall be stated in writing to all parties by the designated representative of the Town, and such statement of in completion and statement of cost of completion shall be presumed by the parties hereto to be conclusive, unless the Owner/Developer can establish that either or both of such designations are made in bad faith, in which event the Owner/Developer may make demand for arbitration of such dispute in the manner hereinafter set forth. 18. The parties hereto, pursuant to the provisions of paragraph 9 herein, have agreed that Owner/Developer shall complete the items designated in Exhibit D in a period one hundred twenty (120) days unless the completion date for any item or items shall, by mutual agreement, be extended beyond said date. In the event the Owner/Developer shall fail to meet such completion date, then the Town shall be required to give notice _ _o£such_default_in_completion. Such_notiee_shall-he_in writing-in_the_ 13 voL. 1112 PAGE 296 manner and to the parties hereinafter set forth, and said notice shall state with specificity the particular item or items which it is claimed are incomplete, and the specific defect or defects it is claimed exist. Upon receipt of notice of default of completion, the Owner/Developer shall have a period of thirty (30) days from receipt of such notice to undertake such action as may be necessary to correct or complete the items depicted in such notice. Any change in building or construction codes which may occur subsequent to the date of this agreement which could change the requirements of completion of items set forth in Exhibit D, shall not constitute an enlargement or additional responsibility of the Owner/Developer and any failure of Owner/Developer to comply with such change or modification shall not constitute a default under this agreement, and shall not constitute grounds or basis for the Town to refuse to reduce or release the bond lien or bond monies. Completion by Owner/Developer of the items set forth in Exhibit D in conformance with construction, health and safety codes as they exist as of the date of this agreement, shall be presumptive and conclusive evidence that the Owner/Developer has complied with and fulfilled its obligations under this agreement. 19. In the event Owner/Developer shall fail to complete any item on Exhibit D within the default period set forth in the notice of default described in paragraph 17 herein, then and in such event the Town shall be entitled to 14 VOL. 1112PAGE 2 9 '7 utilize escrow monies established under the cash bond provisions of this agreement to the extent necessary to remediate such default. Until such default shall have been cured, the Town shall not be required to release any escrow cash, nor shall the Town be required to release any additional lots from the real estate bond. 20. The Town hereby designates its Director of Planning, its Wetlands Enforcement Officer, its Town Engineer and Owner/Developer, Design Engineer for the detention basin portion of Exhibit D, as the persons designated to perform the necessary inspections, due diligence and written confirmations required by this agreement. In the event the said Town officials shall be unavailable to undertake these obligations for a period exceeding one week, then the next ranking member of the department in which said Town official is employed shall undertake these duties and obligations. 21. Upon the expiration of one (1) year from the completion date of all of the items set forth in Exhibit D, as said completion date is described and defined herein, the Town shall remit and turn over to the Owner/Developer all monies which remain in the escrow account and shall further execute and deliver to the Owner/Developer a document which shall fully release and discharge the bond lien described in Exhibit B herein. 22. The parties hereto agree that any dispute that may arise over the terms, ion set forth in this agreemenf sh—all-be-resolved-by 15 VOI. 1112 PAGE 298 arbitration as described herein acceptable to both parties. The parties shall submit the matter to Alternative Dispute Resolution or a like or similar entity which organization shall select a single arbitrator who shall be acceptable to both parties. The costs of the arbitration process shall be borne equally by the parties, except that either party may request that the arbitrator, as part of the final award, include its share of the arbitration costs as part of a ruling in its favor. Such arbitration costs may, at the discretion of the arbitrator, include reasonable attorney's fees or, in the case of the Town, an award which would be the equivalent thereof. The decision of the arbitrator shall be conclusive and binding and may be enforced by judicial decree or order upon confirmation of the award in accordance with prevailing statutes. 23. The parties hereto agree that this agreement shall be construed and interpreted under the laws of the State of Connecticut. 24. The parties hereto agree that this agreement represents the full and complete understanding between the parties, that there exist no other agreements, either written or oral, between the parties hereto regarding the subject matter of this agreement, that this agreement may only be altered, amended or modified by a written agreement duly executed by all of the parties hereto. 25. Notices required herein shall be given to: 16 VOL. 1112PAGE 2099 As to Owner/Developer: Aleksander Gorski Helene Gorski 85 Ridge Crest Circle Wethersfield, CT 06109 With a copy to: David L. Gussak, Esq. REINER, REINER& BENDETT, P.C. 160 Farmington Avenue Farmington, CT 06032 As to Town: Town of South Windsor Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 Attn: Town Manager With a copy to: Barry D. Guliano, Esq. 773 Main Street Manchester, CT 06040 Notice described above shall be by both regular mail and certified mail to all designated parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate on the date first-above written. Witness: TOWN OF SOUTH WINDSOR _ Y ' Matthew B. Galligan Its Manager 17 VOA. 1 112 PAGE 0 0 A.G. BUILDERS, INC. By Did vi v� E Ss r�K Aleksander Gor 9i Its President U�01 D L, G«s 54 r' Aleksander Gorski J Gf ju-r G l2IK I�elena Gorski �L( s �ogSk( STATE OF CONNECTICUT) )ss. Farmington, CT October lb , 1999 COUNTY OF HARTFORD ) Personally appeared Aleksander Gorski, President of A.G. Builders, Inc. signer of the foregoing instrument and acknowledged it to be his free act and deed and the free act and deed of the corporation by himself as President. Commissioner of the Superior Court STATE OF CONNECTICUT) )ss. Farmington, CT October , 1999 COUNTY OF HARTFORD ) Personally appeared Helena Gorski signer of the foregoing instrument and acknowledged it to be her free act and deed and the fr deed before me. Commissioner e Superior Court 18 VOL. 111 2 PAGE 301 STATE OF CONNECTICUT) )ss. Farmington, CT October vZC , 1999 COUNTY OF HARTFORD ) Personally appeared Matthew B. Galligan, Town Manager of the Town of South Windsor, signer of the foregoing instrument and acknowledged it to be his free act and deed and the free act and deed of said municipal corporation by himself as its Town Manager. :%� Commissione of t e S perior Court DLG:glc c:\glc\agb.exa 19 Vol, i i i �2- AC-L- 301 EXHIBIT A LEGAL DESCRIPTION OF THE SUBDIVISION Those certain parcels of land situated in the Town of South Windsor, County of Hartford and State of Connecticut described as: A-40 open space subdivision A.G. Builders Co. 1052 Main St. Newington, CT Drawing 1 of 13 KIRAN ENGINEERS, INC. CIVIL-SANITARY-STRUCTURES ENFIELD, CONNECTICUT FOREST VILLAGE SCALE: as noted DATE: Feb. 1985 Rev. 1 2/20/86 Rev. 2 4/20/86 Det. P 16 Vol , illJ- PXL 361 EXHIBIT B REPLICA OF THE REAL ESTATE BOND 1fol, i i PAle E 3c�4 Exhibit A Those certain pieces or parcels of land situated in the Town of South Windsor, County of Hartford and State of Connecticut known as Lots-1,2, 3,4, 5, 6, 8, 9, 16, 21, 23, 24, 26, 33, 34, 36, 37, 38 and 39 together with area depicted as"open space"on a Map or plan entitled"A-40 Open Space Subdivisions A.G. Builders Co. 1052 Main St. Newington KIRAN ENGINEERS INC CIVIL-SANITARY-STRUCTURES ENFIELD, CONNECTICUT, FOREST VILLAGE Scale as noted Feb. 1985,Rev. 1 2/20/86 Rev. 2 4/20/86"which map or plan is on file with the Town Clerk's Office in said Town of South Windsor to which reference may be had. c:\glc\agb.exa r EXHIBIT C LOTS AND OPEN SPACE AREAS PRESENTLY OWNED BY THE OWNER/DEVELOPER Forest Village Subdivision Lot numbers: 1, 2, 3, 4, 5, 6, 8, 9, 16, 21, 23, 24, 26, 33, 34, 36, 37, 38 and 39. Vol , m L PAGE 304 EXHIBIT D WORK TO BE DONE -EFFECTIVELY THE ITEMS ENUMERATED IN LETTER OF MARCH 17, 1999 FROM DAVID GUSSAK TO ATTORNEY GIULIANO See attached. 1 1 1 4 fL 10 �tbkYti OF SOUTH WINDSOR PROJECT: 1-v �V l!-Ld}bE A1G I67 _ T�YWS— STREET: 5AUC ;gr-f $avE BOND ESTIMATE FORM f�o6 �JD?-..L/ti��•u D� P&Z I.D.: ENGINEER: 1998 CALENDAR YEAR De 7FhJ77,0,L)14::514) DATE: Bond Bond Unit Reduction Reduction Item Descri tion Unit Ouantiry Cost No. I 1. Clearing & Cxubbinir Strip & Stockpile T i 2-00 3. Earth Excavation (Excluding Roadway & Trench) 10.00 4. koadway Excavation12.00 5. Earth Trench Exc. 0-4 CY - 10-00 6. Earth Trench Exc. 0-10 CY 12.00 7. Earth.Trench . 0-1 8. Earth Tres -2 9. Ro wa Exc. R 10. Rock tree 0-4 CY M-no 1 I. Rock Trench Exc 0-10 CY 75.00 12. Rock Trench Exc. 0-15 CY10 .00 13. Rock Trench Exc. -20 cly 150,00 14. Formation of 15. Subb a Gravel 16. Prmmed A 17. Common Borrow Cy �OD 1 Z,ODb IS. Gravel Borrow CY 19. "'Bit. Conctte (Class 1) TONS 20. / �Z." Bit. Concrete 3 m [=:TQNS- *varies Page 1 Sub-Total S D� Z tSU(r U GJ L.IA i c r U 1'." VOL. 1 1 1 2 PA G E 307 Band Bond Unit Reduction Reduction item' Des ti nit Quantity Price N . 1 tio. 21. m F 000 3,eoo 22. Road Widening- m 1 s 23. Conc Sidewtik4' Wide F Z5D0 30.00 7S, OD0 STORM DRAINAGE SYSTEM COMPONENTS 24, " RCP Class IV In Pf 25. " RCP Clw3 IV In Plam LF 100.00 26. 4 " 75.00 27, 42" R 28. 36" RCP Claw IV In Plam LF 60,00 29 0" R iV In Ram LF 50.00 30. 24" R 1V In Plam LF 42.00 1. 18" RCP Class TV In Plam LF 35.00 2. 1 " RQE Clan IV In PI P/PE3 E Q- •DO �v�D POLYETHYLENE PIPE 34. " AD -N-12 35. I " 36. 12" ADS-sf- 7. 1 " ADlN- 1 " AD N- UNDERDRAINS 9. R 40. sw ?vC SDR 35 in P! RIPRAP 41. Modifled Rig= CY 45.00 Page 2. Sub-Total S S/4 S D BOND ESTIMATE FORM VOL. 111 2 PAGE 3 0 8 Bond Bond Unit Reduction Reduction Item Description Unit an ' Price N 1 No 42 45.00 43. StandardRi2132 CY 45.00 DRAINAGE STRUCTURES 44. T Basin 1 4 . T " Double ppp_ 46. T Bain EA 1500.00 47. 48. Manhole wADrov Inlet 49. Manhole Over Ten Feet FA 2000.00 50, T-Teadwali FAe s 52. Box culv x LFa 53, " F1 450, 54, w Fl 55, 24" Flared End EA 550.00 M. " Flared Sw EA 57. 58, 10' Wide 59, Gravel Accws Road 15.00 60.- Reset M.H. B SANITARY SEWER C®MPOIVEMTS 61. 2" PVC 40.00 2 1 " 63, w varies Page 3. Sub-Total S Z/ DDT FEUhL) CJ1 11rLr�+c VOL. 1 1 1. 2 PAGE •� � Bond Bond Ueit Reduction Reduction It esczi ti nit antics Pti rri I? t No. 1 N0. SANITARY SEWER STRUCTURES snit Manhole 66. Sanitary Manhole w Inlet EA 2500.00 67, Sanitary Manhole over 10 FT EA 2000.00 Zqw e-v- M- l,00.oo 640 69, STRUCTURES & MISC. ITEMS 70. Retainin l LF 71. Fend 72, Guide Rail 73, End Anchota�e MY= EA 74. Guide Post EA 100.00 7 . Pavement Marking 76, Streeti 75.00 77. Traffic i 75.00 78, Street Lights 1000.00 79. Ftmrishint; 1 53 3 8 33 /P1 80, Fertilizing. 3 3,and Mulching sy 2.50 3 3 1, Trees Zo 3,oao 82. Maintenancy?mte=ion ? a 00 fTrifric----- 83, - - - - *--- - -- -- --- -- - -- - i * varies Page 4. Sub-Total S 6 `7'/ 2 66 BOND ESTIMATE FOR.tii VOI. I I I 2 PAGE 3 -1- 0- Bond Bond Unit Reduction Reduction = Item Dc=2tion Unit Ouantiry Prim I No. 94, -B it F-A 4.0 . 100m4000 86. Concrp-te MonumentS E,# 4-57 � 7 Driveway-Bit, CLama 0P&-,u SPACE LS 88. C'7UTr2ohUCc- 89. AVEMCvT T ,1165 s. . Z SOD 34 90. t /01 Ii&-&-P L S — Z sDO Sub-Total S Sub-Total Page 1 S Zd> 066 Sub-Total Page 2 S '2 9, Sub-Total Page 3 S Z O 06 Sub-Total Page 4$ 1 4, � Sub-Total Page 5 S 3 d/ :z Z- Sub-Total S 1 4-S, 4-1 Z iD`r1a o Contingencies x Sub-Total: S _ TOTALS � J * varies Page 5. /vs/lez/BONDE3TT-0R�44Nurm95 JUL 26 '9.9 11:00AM F.A. HESCETH & Assoc 203 2ES0297 V 0 L. 1112 PA G E 3 1 1*3 FORREST VILLAGE SU13DIVISION Detention Pond Outafail COS TSS7y1 A7F DESCRIPTION UNIT QUAN. UNIT PR. sum Mobilization L.S. 1 .-$1,000.00 $1;-00 ?,000 Sedimentation &Eros.Control L.S. 1 $1,000.00 Site Clearin &Preparation- L.S. 1 $3,000.00 $3,000 ✓ .Constr. Exit Anti Track Pad EA. 2 $2,000.00 $4,000 Earth Excavation fill C,Y. 700 ►o ,o o o Gravei-Access Road 10'wide L.F. 500 $15.00 $7,500 Outlet Control Structure L.S. 1 $6,000.00 $6,000 CB's E4. 1 $2,500.00 $2,500 CPE S LF. 150 $35.00 $5,250 Conc. FES EA. 1 $500.00 $500 Piprae Emerpency Spillway C.Y. 130 4-s-$4a& $5;200 S-sti rao Basin/A ron C.Y. 30 .44 $46-M $1.,200" ► Ri 3S'b Ri ra• Swale C.Y. 70 4--J $46;00 woo Topsoil&Turf Estab. S.Y. 900 As-Built•Survey/Plan LS. 1 $2,000,00 $2,000 TOTAL .$Mr 41W T P ._r OAJ `?�coo, File 98208 7126199 P VOL. 1 1HIBITAEE 312 FORM OF RELEASE PARTIAL RELEASE OF MORTGAGE AS TO LOT# , FOREST VILLAGE SUBDIVISION SOUTH WINDSOR, CONNECTICUT TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, GREETING: KNOW YE, THAT THE TOWN OF SOUTH WINDSOR A MUNICIPAL CORPORATION OF THE COUNTY OF HARTFORD AND STATE OF CONNECTICUT does hereby partially release and discharge a certain mortgage from A.G. Builders, Inc. to the Town of South Windsor dated , 1999 and recorded in the Land Records of the Town of South Windsor, County of Hartford and State of Connecticut in Volume at Page to which reference may be had: the indebtedness or other obligation secured thereby having been partially satisfied or alternative collateral having been substituted pursuant to a certain agreement dated the day of , 1999. IN WITNESS THEREOF, has hereunto set its hand and seal this day of , 1999. Signed and Delivered in the presence of TOWN OF SOUTH WINDSOR BY ITS DULY AUTHORIZED STATE OF CONNECTICUT) ) ss. South Windsor ' 1999 COUNTY OF HARTFORD ) Personally appeared , as aforesaid signer of the foregoing instrument, and acknowledges the same to be free act and deed as such and the free act and deed of said municipal corporation, before me. Notary Public/Commissioner of -- -- - ---- - -- -------- the Superior-Court— - --- -- - - 20 s VOI. 1112 PAGE 313 EXHIBIT F PURCHASER'S RECEIPT FOR SETTLEMENT AGREEMENT The undersigned being a purchaser(s) of Lot# of the subdivision in South Windsor, Connecticut acknowledges that he, she, they have received a copy of a certain Settlement Agreement between A. G. Builders, Inc., Aleksander Gorski, Helena Gorski and the Town of South Windsor dated the day of , 1999. Witness our hands and seals. PURCHASER Date: 1999 PURCHASER 22 VOL. 1112 PAGE ti 8 3 SETTLEMENT AGREEMENT 6858 This agreement made this Za day of Oc-4 Iz , 1999, by and between A.G. Builders, Inc., a Connecticut Corporation of Wethersfield, Connecticut, Aleksander Gorski and Helena Gorski, both of Wethersfield, Connecticut, all of the above being hereinafter referred to as the Owner/Developer, and the Town of South Windsor, a Municipal Corporation in the County of Hartford and State of Connecticut, hereinafter referred to as The Town. WHEREAS, the aforesaid Owner/Developer in one or more of their capacities are the owners and developers of certain real property situated in the Town of South Windsor, County of Hartford and State of Connecticut, consisting of building lots and open spaces more particularly described and depicted in Exhibit A annexed hereto and by this reference made a part hereof, and WHEREAS, the real property being described in Exhibit A was formerly part of a Subdivision development within the said Town of South Windsor, which subdivision development was originally approved by the Town of South Windsor on the 10`h day of June, 1985, and WHEREAS, dispute arose between the said Owner/Developer and the Town regarding the completion. reworking, and/or repair and renovation of certain improvements made by the Owner/Developer during the period of their development of the aforesaid subdivision, and WHEREAS, as a result of the alleged failure of the said Owner/Developer to complete said items, the said Town did, on the 2-) day of June, 1992, undertook 1 VOL. 1112 PAGE 2(Ij 4 . administrative action which purported to revoke the subdivision approval hereinabove referenced, and WHEREAS, in addition to said action, which purported to revoke said subdivision approval, the said Town also initiated legal action against each and every one of the Owner/Developer in their respective individual or corporate capacity, which action is entitled Town of South Windsor vs. A.G. Builders, Inc., et al., and which action bearing docket no. CV 98-0067233-S, is presently pending in the Superior Court for the Judicial District of Tolland at Rockville, with a return date of July 14, 1998, and WHEREAS, the said Owner/Developer and the said Town have engaged in significant and substantive negotiations in order to undertake a resolution and settlement of all controversies existing between them. NOW THEREFORE WITNESSETH that for and in consideration of the mutual covenants and agreements hereinafter described and set forth, the said Owner/Developer and the said Town do hereby agree as follows: 1. The said Owner/Developer shall undertake action, or as of the execution of this agreement, has undertaken action through the administrative boards of the said Town, specifically the Inland/Wetlands Agency of the Town of South Windsor and the Planning and Zoning Commission of the Town of South Windsor, to obtain the necessary administrative approvals of the Town for the rehabilitation and reinstatement of the subdivision referenced above. 2. Said applications to the Town of South Windsor Inland/Wetlands Agency and-Planning a z-oning Commission, if not presently pending, shall be voL. 1 l 12 PAGE 2 5 made within fifteen (15) days of the execution of this agreement, and shall be made in conformity with presently pending planning and zoning and wetlands statutes and regulations of the State of Connecticut and Town of South Windsor. 3. The Town shall promptly and effectively receive, process, comment upon and assist the said Owner/Developer in processing said applications to the fullest extent possible in conformity with the aforesaid statutes and regulations. 4. As promptly as possible, from the date of execution of this agreement, the said Town, through its aforesaid Inland/Wetland Agency and Planning and Zoning Commission, shall undertake such action and activity as may be necessary to rehabilitate and/or reinstatement the aforesaid subdivision. The terms and conditions of this Settlement Agreement and any action by the aforesaid Inland/Wetlands Agency and Planning and Zoning Commission shall be held in abeyance and stayed by the parties hereto in the event and during the pendency of any appeal which shall be filed with respect to said actions by a third party. In the event of such appeal, and in the event that the said Town shall determine in Qood faith that a condition exists which threatens the public health and safety which mandates the undertakinu of corrective action on the aforesaid former subdivision, and said action is within the scope and purview of this agreement, then and in such event, the Town shall make written demand of the Owner/Developer to undertake-such-corrective-action-only.. In-the-event the said - VO1. 1112 PAGE 2 8 6 Owner/Developer shall neglect or refuse for a period of fifteen(15) days after receipt of such notice to commence the said corrective action, then and in such event the said Town shall be authorized and empowered to undertake such corrective action and to expend funds necessary for such corrective action. Such funds as shall be expended shall constitute a first lien upon the property described in Exhibit C herein to the extent of such expenditures. If and in the event the said Town cannot be satisfied that such monies as may be expended shall constitute a first lien upon the property described in Exhibit C, then and in such event the said Town shall be, at itAle and exclusive discretion, authorized and empowered to reactivate the pending legal action hereinabove referenced and set forth. A first lien as described herein shall be a first lien exclusive of real estate taxes due and owing to the Town of South Windsor. 5. Notwithstanding the rehabilitation and reinstatement of said subdivision by the aforesaid agencies and commissions of the Town of South Windsor, the Owner/Developer shall accept the following restrictions and obligations and undertake the following commitments which shall be considered to be part of the reinstatement and rehabilitation of the aforesaid subdivision, and any breach by the Owner/Developerdf the conditions, obligations and commitments hereinafter set forth shall entitle the Town to consider the Owner/Developer to be in default of this agreement and to undertake the actions more fully hereinafter set forth. 4 VOL. 1112PAGE 287 6. At such time as the Town shall have completed action to reinstate and rehabilitate the aforesaid subdivision, and upon expiration of any appeal period which may pertain to such approval, the Owner/Developer shall execute and deliver to the Town a real estate bond in the penal sum of Two Hundred Thirty-Three Thousand ($233,000.00) Dollars in the form more particularly described in Exhibit B, a copy of which is annexed hereto and by this reference made a part hereof. Said Town may record such bond and such bond shall constitute a first lien exclusive of real estate taxes owed to the Town of South Windsor upon those lots or open- spaced areas which shall be presently owned by any or all of the said Owner/Developer as described in Exhibit C herein. At the time of execution of this agreement, the Owner/Developer shall have taken all necessary action, either by way of release of any existing lien or subordination of any existing lien to ensure that such lien as may be represented by the real estate bond described in Exhibit B herein shall constitute a first lien exclusive of real estate taxes upon said property. 7. The Owner/Developer hereby warrants and agrees that as of the date of execution of this agreement, the said Owner/Developer are the owners of certain open spaces depicted on the aforesaid subdivision map, and are also the owners of the property depicted on said map as nineteen (19) lots in said former subdivision. The respective ownership of this parcel owned by the Owner/Developer in the specific property depicted as lots in the for—mer--subdivision-owned-by-the-Owner/Developer is-more particularly- 5 VOL. 12PAGE 2008 described and set forth in Exhibit C, a copy of which is annexed hereto and by this reference made a part hereof, and it is to said property described in Exhibit C that the bond to be executed by the Owner/Developer in favor of the said Town shall appertain. 8. Said bond, except as it may be released and collateral substituted thereof in accordance with the terms and conditions of this agreement shall remain -in full force and effect for a period of one (1) year following the completion date of the actions, renovations, and corrections to improvements in the said former subdivision which are more fully hereinafter described and set forth. The determination of satisfactory completion shall be made solely and exclusively by the designated representative of the Town as hereinafter described and set forth, but said satisfactory completion shall not be unreasonably withheld. Evidence of satisfactory completion of all items in Exhibit D shall be the complete release of any real estate bond which may remain at the time of satisfactory completion, or complete release of any cash bond which shall be in effect as more fully hereinafter set forth. In addition, the Owner/Developer may request and record a statement by the duly authorized representative of the Town that all items, conditions and construction have, in fact, been completed, and said statement may be recorded upon the Land Records. 9. Upon approval by the Town of such action as shall rehabilitate or reinstate the subdivision of the Owner/Developer, and the expiration_of_such_appeal 6 YoL. 1112PAGE ti 8 9 period as may appertain thereto, which appeal period shall expire without legal action being instituted by any individual person, firm or corporation to appeal the reinstatement decision of the Town for reinstatement and/or rehabilitation of the Owner/Developers' former subdivision, the Owner/Developer shall undertake the corrective actions repairs, renovations and/or completion of those items more particularly described and set forth in Exhibit D annexed hereto and by this reference made a part hereof. The Owner/Developer shall, unless required by legal proceeding to terminate its actions in performance of the items set forth in said Exhibit D, use its best efforts to complete said items one hundred and twenty (120) days from the commencement date set forth herein. To the extent necessary, any item in Schedule D may be deferred for completion due to weather or other seasonal considerations by mutual agreement, in which case said items shall, be excluded from the aforesaid completion date. 10. Upon approval by the Town of such action as shall rehabilitate or reinstate the former subdivision of the Owner/Developer and the expiration of such appeal period as may appertain thereto, which appeal period shall expire without legal action being instituted by any individual, person, firm or corporation to appeal the reinstatement decision of the Town for reinstatement and/or rehabilitation of the Owner/Developer's former subdivision, the Owner/Developer may undertake the sale of any or all of -the-lots-described in-Exhibit C. No-such-sale may occur--during-the—--- - - 7 va. 1112 PAGE 2 Oct 0 pendency of any appeal until such appeal has been satisfactorily resolved. The Owner/Developer shall be entitled to obtain a release of the real estate bond described in Exhibit B from any lot or lots which the Owner/Developer may sell, and the Town agrees to promptly execute such release upon the terms and conditions described in paragraph 11 below in aform described in Exhibit E annexed hereto and by this reference made a part hereof. 11. The Owner/Developer shall be entitled to obtain said release from the Town upon the following terms and conditions: a. Seller's counsel shall, at the time of closing of each released lot, remit to counsel for the Town a cashier's check, certified check or attorney trustee check of Reiner, Reiner, Bendett, P.C. in the sum of Thirty Thousand ($30,000.00) Dollars for the first five (5) lots sold; thereafter the escrow release shall be Twenty Thousand ($20,000.00) Dollars per lot until a total of Two Hundred Thirty Thousand ($230,000.00) Dollars has been reached, said sum to be placed in an interest-bearing escrow account to be jointly controlled by counsel for the Owner/Developer and counsel for the Town. It is the intent and purpose of the parties hereto that the Owner/Developer may, by use of this escrow account procedure, undertake the sale and marketing of its real property and shall concurrently substitute cash for a portion of the real estate bond hereinabove described. and such cash as shall be substituted-hy-this-procedure shall be-presumed-and-construed-to-be — - 8 VOl. 12 PAGE 2 91 part of an overall bond consisting partly of cash and partly of real estate and shall be subject to all of the terms, conditions and restrictions governing bonds set forth in the agreement. The Town agrees to release all bonds either cash or real estate or portions thereof expeditiously and in accordance with its administrative procedures; and b. Owner/Developer agrees that at time of closing, each prospective purchaser shall be furnished with a copy of this settlement agreement which delivery to said purchaser shall be acknowledged by execution by said purchaser of a receipt for the said document, which receipt shall be in the form and condition as more particularly described and set forth in Exhibit F, a copy of which is annexed hereto and by this reference made a part hereof. 12. Notwithstanding the requirements of paragraph 11 herein, the Owner/Developer and the Town agree that once Owner/Developer has deposited the sum of Two Hundred Thirty Thousand ($230,000.00) Dollars into the cash escrow described in paragraph 11, the Owner/Developer shall be released and excused from making any further cash deposits to the escrow, it being agreed between the parties hereto that a cash bond of Two Hundred Thirty Thousand ($230,000.00) Dollars shall constitute full and adequate security for the performance and completion of the items described in Exhibit D, and upon the payment to escrow of 9 VOL. 111 2PAGE 2 2 said sum, the Owner/Developer may obtain further releases of lots without the necessity of making any additional payment to the cash escrow. 13. In addition to the escrow provision described above the Town and Owner/Developer agree that for the first three (3) lots only which are sold by the Owner/Developer, a sum equal to one-half of the net proceeds (as hereinafter described) shall be remitted to Owner/Developer's counsel (David L. Gussak, Esquire of Reiner, Reiner& Bendett, P.C.) who shall hold said proceeds until such time as bills or invoices for the work described on Exhibit D shall be submitted at which time said monies may be disbursed towards the satisfaction of said bills or invoices; net proceeds as described herein shall be the sales price, less any bond escrow payment as described herein and less any sales expenses, such as commissions, legal fees, conveyance taxes and less any adjustments required for payment of real estate taxes. Once three lots are sold this proviso shall expire. 14. Owner/Developer and the Town agree that either the Owner/Developer or any person, firm or corporation which shall purchase any lot or lots from the Owner/Developer shall be entitled to obtain a building permit or permits for each such lot from the Town provided the Owner/Developer or the entity who shall have purchased said lot from the Owner/Developer shall comply with and meet all requirements of the Town for the procuring of a building permit, and further provided that the cash escrow deposit for __each-of-such-lots_for_which_a_building-permit-is_r-equested-shal-l-have-been -- -- 10 VO1. 1112PACE 'Ale 93 made in compliance with the provisions of paragraphs 10, 11 and 12 herein. At the discretion of the Town and as a condition for the issuance of Building Permits, the Town may impose a requirement that for the first five (5) lots released from the real estate bond, the escrow deposit shall be the sum of Thirty Thousand ($30,000.00) Dollars for each of such lots. After five (5) lots have been released, the sixth lot and each subsequent lot, the escrow deposit shall be the sum of Twenty Thousand ($20,000.00) Dollars. 15. The Owner/Developer and the Town further agree that the Owner/Developer or any person, firm or corporation which shall have purchased a lot or lots from the Owner/Developer may, upon completion of the improvements to any lot pursuant to a building permit obtained in accordance with paragraph 13 herein, obtain a Certificate of Occupancy for such improvement, provided such improvement shall have been constructed in conformance to the building, health and safety codes pertaining to such structure, and shall have passed such requisite inspection procedures required by the building, health and safety officials of the Town. 16. The parties hereto agree that upon completion by the Owner/Developer of items as described in Exhibit D, the Owner/Developer shall be entitled to a reduction of the bond as follows: a. If the bond is solely and exclusively a cash bond, the sum of cash being held may be reduced by the amount allocated 11 VOL. 1112PAGE 2 9 in Exhibit D for those items completed to the satisfaction of the Town. b. If said bond shall consist solely of real estate, or of both cash and real estate, said real estate bond may be reduced by one (1) lot for each Thirty Thousand ($30,000.00) Dollars of value for the items completed to the satisfaction of the Town as allocated in Exhibit D. The completion of each of the items in said Schedule D must be confirmed in writing by the designated officials who shall be responsible for the inspection of such items to permit the bond reductions set forth herein. Notwithstanding any reduction in the bond permitted under this section, the Owner/Developer shall still be bound by the escrow provisions of paragraphs 10, 11 and 12, except that if the completion of items described in Exhibit D have been confirmed in writing as provided herein, the cash escrow shall not need to be greater than the amount allocated to the remaining items in Exhibit D. 17. Upon completion of all items in Exhibit D, or upon completion of all said items, excluding any item whose completion date shall have been deferred by mutual agreement of the parties hereto, the Owner/Developer shall be entitled to a reduction of the bond to a sum not to exceed Thirty Thousand ($30,000.00) Dollars, which bond shall be held for a period of one-(1--)-year from the-date-upon-which-completion-shall be confirmed in - 12 _ VOL. 1. 112 PAGE ti9 1 writing by the designated Town representative as provided in paragraph 15 herein. Upon the expiration of said year, the bond monies shall be released and any remaining lien shall be released. The mutual deferral of completion of any item in Exhibit D shall not extend the time for the bond reduction contemplated herein, except that if upon the expiration of one (1) year any item in Exhibit D remains incomplete, then a sum representing one hundred fifty (150%) percent of the completion cost of such incomplete item may be retained by the Town until such item shall be completed. The designation of an item in Exhibit D as being incomplete and the completion cost of such item shall be stated in writing to all parties by the designated representative of the Town, and such statement of in completion and statement of cost of completion shall be presumed by the parties hereto to be conclusive, unless the Owner/Developer can establish that either or both of such designations are made in bad faith. in which event the Owner/Developer may make demand for arbitration of such dispute in the manner hereinafter set forth. 18. The parties hereto, pursuant to the provisions of paragraph 9 herein, have agreed that Owner/Developer shall complete the items designated in Exhibit D in a period one hundred twenty (120) days unless the completion date for any item or items shall, by mutual agreement, be extended beyond said date. In the event the Owner/Developer shall fail to meet such completion date, then the Town shall be required to give notice of such default in completion._Such notice-shall-be_in-writing-in-the - - 1� VOL. 1112PAGE 296 manner and to the parties hereinafter set forth, and said notice shall state with specificity the particular item or items which it is claimed are incomplete, and the specific defect or defects it is claimed exist. Upon receipt of notice of default of completion, the Owner/Developer shall have a period of thirty (30) days from receipt of such notice to undertake such action as may be necessary to correct or complete the items depicted in such notice. Any change in building or construction codes which may occur subsequent to the date of this agreement which could change the requirements of completion of items set forth in Exhibit D, shall not constitute an enlargement or additional responsibility of the Owner/Developer and any failure of Owner/Developer to comply with such change or modification shall not constitute a default under this agreement, and shall not constitute grounds or basis for the Town to refuse to reduce or release the bond lien or bond monies. Completion by Owner/Developer of the items set forth in Exhibit D in conformance with construction, health and safety codes as they exist as of the date of this agreement, shall be presumptive and conclusive evidence that the Owner/Developer has complied with and fulfilled its obligations under this agreement. 19. In the event Owner/Developer shall fail to complete any item on Exhibit D within the default period set forth in the notice of default described in paragraph 17 herein, then and in such event the Town shall be entitled to 14 voL. 1112 PAGE 2 9 7 utilize escrow monies established under the cash bond provisions of this agreement to the extent necessary to remediate such default. Until such default shall have been cured, the Town shall not be required to release any escrow cash, nor shall the Town be required to release any additional lots from the real estate bond. 20. The Town hereby designates its Director of Planning, its Wetlands Enforcement Officer, its Town Engineer and Owner/Developer, Design Engineer for the detention basin portion of Exhibit D, as the persons designated to perform the necessary inspections, due diligence and written confirmations required by this agreement. In the event the said Town officials shall be unavailable to undertake these obligations for a period exceeding one week, then the next ranking member of the department in which said Town official is employed shall undertake these duties and obligations. 21. Upon the expiration of one (1) year from the completion date of all of the items set forth in Exhibit D, as said completion date is described and defined herein, the Town shall remit and turn over to the Owner/Developer all monies which remain in the escrow account and shall further execute and deliver to the Owner/Developer a document which shall fully release and discharge the bond lien described in Exhibit B herein. 22. The parties hereto agree that any dispute that may arise over the terms, conditions and obli�(zations setfortlt in this agreemerit shalI-be resolvedby 15 VOL. 1112 PAGE 298 arbitration as described herein acceptable to both parties. The parties shall submit the matter to Alternative Dispute Resolution or a like or similar entity which organization shall select a single arbitrator who shall be acceptable to both parties. The costs of the arbitration process shall be borne equally by the parties, except that either party may request that the arbitrator, as part of the final award, include its share of the arbitration costs as part of a ruling in its favor. Such arbitration costs may, at the discretion of the arbitrator, include reasonable attorney's fees or, in the case of the Town, an award which would be the equivalent thereof. The decision of the arbitrator shall be conclusive and binding and may be enforced by judicial decree or order upon confirmation of the award in accordance with prevailing statutes. 21 The parties hereto agree that this agreement shall be construed and interpreted under the laws of the State of Connecticut. 24. The parties hereto agree that this agreement represents the full and complete understanding between the parties, that there exist no other . agreements, either written or oral, between the parties hereto regarding the subject matter of this agreement, that this agreement may only be altered, amended or modified by a written agreement duly executed by all of the parties hereto. 25. Notices required herein shall be given to: 16 VOL. 1112PAGE 2 9 9 As to Owner/Developer: Aleksander Gorski Helene Gorski 85 Ridge Crest Circle Wethersfield, CT 06109 With a copy to: David L. Gussak, Esq. REINER, REINER& BENDETT, P.C. 160 Farmington Avenue Farmington, CT 06032 As to Town: Town of South Windsor Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 Attn: Town Manager With a copy to: - Barry D. Guliano, Esq. 773 Main Street Manchester, CT 06040 Notice described above shall be by both regular mail and certified mail to all designated parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate on the date first-above written. Witness: TOWN OF SOUTH WINDSOR I By all � 'vL Matthew B. Galligan Its Manager 17 1112 PAGE 301 STATE OF CONNECTICUT) )ss. Farmington, CT October -?C , 1999 COUNTY OF HARTFORD ) Personally appeared Matthew B. Galligan, Town Manager of the Town of South Windsor, signer of the foregoing instrument and acknowledged it to be his free act and deed and the free act and deed of said municipal corporation by himself as its Town Manager. -1 n Commissione of t e S perior Court DLG:glc c:\glc\agb.exa 19 Val . Ili J-- Ph(2 L 3�� EXHIBIT B REPLICA OF THE REAL ESTATE BOND Vol. i i i� :PACE 3c Exhibit A Those certain pieces or parcels of land situated in the Town of South Windsor, County of Hartford and State of Connecticut known as Lots 1,2, 3,4, 5, 6, 8, 9, 16,21, 23, 24, 26, 33, 34, 36, 37, 38 and 39 together with area depicted as"open space"on a Map or plan entitled"A40 Open Space Subdivisions A.G. Builders Co. 1052 Main St. Newington KIRAN ENGINEERS INC CIVIL-SANITARY-STRUCTURES ENFIELD, CONNECTICUT, FOREST VILLAGE Scale as noted Feb. 1985,Rev. 1 2/20/86 Rev. 2 4/20/86"which map or plan is on file with the Town Clerk's Office in said Town of South Windsor to which reference may be had. c:\glc\agb.exa Vol . ma-a- PG E- 364 EXHIBIT D WORK TO BE DONE - EFFECTIVELY THE ITEMS ENUMERATED IN LETTER OF MARCH 17. 1999 FROM DAVID GUSSAK TO ATTORNEY GIULIANO See attached. PROJECT: 1-a — STREET: - .14AjcV<IV.AI1-zk4ver BOND ESTIMATE FORM ��06 a10T_Lli J�LU D� P&Z I.D.: EN - - L� 1998 CALENDAR YEARCj �E�7vTl0�/y�•tJ DATE: L. ee< Bond Bond Unit Reduction Reduction Item Descri tion nit anti Cost - N . 1 No. � 1 learin & b s 2. Strip & Stockpile Tops il 7.00 3. Earth Excavation (Excludine Roadway & Trench) 1 0-00 4. koadway Excavation 5. Earth Trench Exc. 0-4 CY 0.00 6. Earth Trench Exc. 0-i 7. Earth T 0-1 S. Earth Trench -20 9. Ro wa Ex . (R 50.00 10. Rock Trench 0.4 ry 4- 0 11. Rock Trench Exc. 0.-10 CY 175.00 12. Rock Trench Exc. 0-15 CY 1100.00 13. Rock Trench . 0-2 CY 1 50.00 14. Formation of 15. Subbase Gravel 16. Rrcx=ed Ast=nte TONS 17. Common Borrow �Op 10.0o z�ODD 18. ravel Bomw 15.00 19. "'Bit. 50.00 ( TONS 20. �Z- gi ncrete c?j �. ��/ z(Class M /v D --- --LTONS .. *varies Page 1 -2D/ Zlcd Sub-Total S B()N D ES—Ai lC..'L1 VOL. ill b ti.PA G E ..J 0 6 Bond Bond Unit Reduction Reduction I Item Descriptionnit an ' N I No. 42 i 4 43. -Standard Rivrw 45.00 DRAINAGE STRUCTURES 44, T B .1500.00 43. T " Double Cwa e I EA 1 200.00 46. T Assirt 47.2t_pcAcF �,�, r FIS 5 Z DOo 48. Manhole wADmp Inlet 49. Manhole Over Ten F EA 2000.00 Headwall50, s 52. BoA Iv A LFa, 53, I " M 4 50.00 54, " Flamd End EA 500.00 _ 2s2" Mared End EA 5.50.M 56. " Flared End 57. 58. 10' Wide 59. Gravel Ac= Road LF 60. R eset M.H. or C,B SA ITTARY SEWER COMPbIVflV'i'S 61. I2" PVC4 ' 2. 1 " 64, —6tFVC pIBM-- SDjZ- - -- - - --- - - - - - —--- ---- - -- - - - - - -- - - 30.00 * varies Page 3. Sub-Total S 214006 BOND ESTIMATE FOR.tii VOL. 112 PAGE 31- 0 Bond Bond Unit Reduction Reauction ItemDescris2tion Unit Ouantity Price I No. -B itLS • 2�00 inaso400a 86. Con=te Monurnents EA 4-S 1//1 Z� 7 Driveway-Bit, CLa;W opew Sp,4aE nZo LS -- �d d 58. L—',v }stl c4 89.!AVemewrPrZ64Ss 5. ,- 34 9486 90. cL ion L s -- — zsno Sub-Total S 3 61,4 3A Sub-Total Page 1 S Zd> Z do 6 Sub-Total Page 2 S 7 Sub-Total Page 3 S �d Sub-Total Page 4 S 1 4/ Z�O b Sub-Total Page 5 S 3 c/ d Sub-Total S Contingencies x Sub-Total: S TOTALS � 1�J y « Va[*es Page 5. iveOezBONDESTFOR<ti4Nttrm95 — VOL. 11121AGE 312 EXHIBI E FORM OF RELEASE = ' PARTIAL RELEASE OF MORTGAGE AS TO LOT# , FOREST VILLAGE SUBDIVISION SOUTH WINDSOR, CONNECTICUT TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, GREETING: KNOW YE, THAT THE TOWN OF SOUTH WINDSOR A MUNICIPAL CORPORATION OF THE COUNTY OF HARTFORD AND STATE OF CONNECTICUT does hereby partially release and discharge a certain mortgage from A.G. Builders, Inc. to the Town of South Windsor dated , 1999 and recorded in the Land Records of the Town of South Windsor, County of Hartford and State of Connecticut in Volume at Page to which reference may be had: the indebtedness or other obligation secured thereby having been partially satisfied or alternative collateral having been substituted pursuant to a certain agreement dated the day of , 1999. IN WITNESS THEREOF, has hereunto set its hand and seal this day of . 1999. Signed and Delivered in the presence of TOWN OF SOUTH WINDSOR BY ITS DULY AUTHORIZED STATE OF CONNECTICUT) ) ss. South Windsor , 1999 COUNTY OF HARTFORD ) Personally appeared , as aforesaid signer of the foregoing instrument, and acknowledges the same to be free act and deed as such and the free act and deed of said municipal corporation, before me. Notary Public/Commissioner of the SuperiorCourt -- 20 �owN aa, ca e � -own 0-PS-0-atA V&zd,,L�ot m 1540 SULLIVAN AVENUE•SOUTH WINDSOR,CT 06074-2786 R.cO AREA CODE 860/644-2511 FAX 860/6"3781 Alexander Gorski December 9, 1999 A.G. Builders Inc. 85 Ridge Crest Circle Wethersfield, CT, CT 06109 Re: Inspection of Forest Village stormwater outfall remeadiation project. On December 9, 1999 Joseph Perna from the Town of South Windsor Engineering Department and I made a visual inspection of the completed erosion repair and stormwater conveyance upgrades at the detention basin outfall from the Forest Village Subdivision. In examining the site of construction, it appears that the construction of the outfall, outfall pipes, rip-rap channel, and grading were done according to the proposed plans approved by the South Windsor Inland Wetland Commission. I understand that an as-built plan is pending by the design engineer. The finished grades have been top soiled, seeded and adequately mulched to prevent the movement of top soil from the slopes during the winter months. An evaluation will be made in the spring as to the success of germination of the seeded areas. This area may have to be raked and re-seeded in the spring and the mulch reapplied to perform the final, permanent stabilization. An amount of$2500.00 will be held from the original performance bond until the site is completely stable. If there are any questions on this correspondence please don't hesitate to contact me at 644-2511 x229. Sincerely, Ckq*�7�_ Jeffrey H. Folger, Zoning/Wetland Enforcement Officer Town of South Windsor c Town_Engineer -- - - - - -- --- -- - - -- Town Attorney Dir. Of Planning Dir. Of Public Works Coven Construction Type 'C—L' fop and gate r-e ores• -i--{ .4 r-e Sans• -7 L r-+ e'-!•ans• PIS air• ie -t 3 411 r-7 vs• Z TYr• OUTLET PIPE TO R� BE DETERMINED 9Y DESIGN Sap ENGINEER, .00 S/./5 ram• _'' it • S r-r Yam• a'�--y-s' � LOCATION. CONMGURATKIN ♦`'— Y-�' Yam• AND SIZE OF CONTROL OUTLET TO BE DETERMMED SIDE BY DESIGN ENGINEER FRONT R Type 'C—L7 Top with Type 'A' gate 3/1°-16 Lead Anchor & Bolt 3/tr-16 Bolt do Washer 4 Ea. Grate Type 'A' Grote NJ 3/8"-16 Bolt Class "A' 4 Typ. Ea. Grate Concrete on trash rack 3/8• —16 Nut do Washer L Class 'A" Type "K Grate 1/2' x 3 1/2" x 2 1/r' Concrete 4 Total for Trash rack or Catch Basin Block SECTION A—A TOP • THIS STRUCTURE CAN BE USED Mir -OR R APPROVED--EQUAL - ----- _ - - - - - --- - --NOT-TO -SCALE - TOWN OF SOUTH WINDSOR DETENTION BASIN OUTLET APPROVED STANDARD DETAIL TYPICAL JANUARY, 1991 REVISED; PUBLIC WORKS DIRECTOR -36- f, t k FlNW GRADE BOTTOM VADTH VARIES 4' LOAM Nr SEED MCOWD RIPRAP FERTILIZER & MULCH 180 INTERMEDIATE RIPRAP --Me STANDARD RIPRAP 6' BANK—RUN GRAVEL BASE (D.O.T. M.02.06 TYPE 'B' GRADATION) FOR MODIFIED AND INTERMEDIATE RIPRAP. 12" GRAVEL BASE FOR STANDARD RIPRAP. FILTER FABRIC (MIRAFI 140 OR EQUAL) TOWN OF SOUTH W1NDSOR APPROV90 STANDARD DETAIL RIPRAP DITCH J A N U A R Y. 1 9 0 1 Rcwstu: ►USLI c v Ks 01 R[CTOR —42— .VOL. 111 2 PAGE 302 MORTGAGE DEED To all People to whom these Presents shall come, Greeting: KNOW YE THAT A.G. Builders, Inc. a Connecticut corporation of Wethersfield, Connecticut for the consideration of Two Hundred and Thirty-Three Thousand ($233,000.00) Dollars received to its full satisfaction of The Town of South Windsor a municipal corporation located in Hartford County in the State of Connecticut. does give, grant, bargain, sell and confirm unto the said Town of South Windsor those certain pieces or parcels of land situated in the Town of South Windsor, County of Hartford and State of Connecticut more particularly described in Exhibit A annexed heret• and by this rofcrence made a part hereof. To Have and to Hold the above granted and bargained premises, with the appurtenances thereof, unto it the said grantee its successors, and assigns forever, to it and their own proper use and behoof And also, it the said grantor does for itself, its assigns, and successors, covenant with the said grantee, its successors, and assigns, that at and until the ensealing of these presents, it is well seized of the premises, as a good indefeasible estate in FEE SIMPLE; and has good right to bargain and sell the same in manner and form as is above written and that the same is free from all incumbrances whatsoever, except as hereinbefore mentioned. And Furthermore,it the said grantor does by these presents bind itself and its successors forever to WARRANT AND DEFEND the above granted and bargained premises to the said grantee, its successors, and assigns, against all claims and demands whatsoever, except as hereinbefore mentioned. The Condition of this Deed is such, that whereas the said grantor A.G. Bu ilders,udders, Inc. has entered into a certain Settlement Agreement dated the day of , 1999 a copy of which shall be contemporaneously recorded with this document and; WHEREAS, said agreement provides that certain actions shall be undertaken by the Town of South Windsor Inland Wetlands Agency and the Town of South Windsor Planning & Zoning Commission which actions have been undertaken and approved, and the appeal period for appealing said actions expired. NOW THEREFORE, witnesseth that pursuant to Paragraph 6 of said agreement, the grantor herein acknowledges that it is indebted to the Grantee under the terms and conditions YOL. 1112 PAGE 3 0 3 of said Settlement Agreement. The Grantor and Grantee agree that this Mortgage/Real Estate Bond may be partially released by execution of a Partial Release in the form and content of Exhibit E of the said Settlement Agreement and in conformance with the terms and conditions of said Settlement Agreement and particularly Paragraphs I I(a), I I(b), 12 and 13 of said Agreement. Now Therefore, if said Agreement shall be well and truly performed according to its tenor, and all the other terms and conditions of said Agreement and this mortgage are duly performed, then this deed shall be void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, A. G. Builders, Inc. acting by its duly authorized officer has hereunto set its (?) hand this day of , 1999 Signed and Delivered in the presence of Witness Grantor A.G. Builders, Inc. l By: Aleksander Gorski Its President STATE OF CONNECTICUT) )ss. , 1999 COUNTY OF ) Personally Appeared Signer(s) of the foregoing Instrument, and acknowledged the same to be his/her free act and deed, before me. Notary Public/ Commissioner of the Superior Court STATE OF CONNECTICUT) )ss. South Windsor , 1999 COUNTY OF HARTFORD ) Personally Appeared Aleksander Gorski, President of A.G. Builders, Inc. Signer of the foregoing Instrument, and acknowledged the same to be his free act and deed, before me. V 0 L � � � ��.+ PAGE 304 Commissioner of the Superior Court Grantees' Address: DLG:glc s:\glc\agbsow.dd i i f. i I F ....... -. ... ....... ...... .. ........ .. ... ..... ..-.....- . .......... .. ..... .... .... ..... .-. IL I—oJ5CkJL _ ............... 4k C i i LYO� so, 'AA ee a_ -04n. r �: _.._... .. .. ... _ 76�, 2nroc�szdc _._._ CK - .__ . _ ...... S _... _ . �. ..:... t _ ....... `.. ... ..... _. _. ...... 38.5 :.... .:.......... F _ t� c. - ......._ . :. _ ! 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