2014-08-20 / Legals

Public Notices

PUBLIC NOTICE
MASSAPEQUA WATER
DISTRICT
PUBLIC HEARING ON
THE PROPOSED REVENUES AND EXPENSES
FOR 2015
NOTICE IS HEREBY
GIVEN that, pursuant to
Town Law §215, a public hearing will be held at
District Headquarters located at 84 Grand Avenue,

Massapequa, New York,
on Thursday, September 4,
2014 at 4:00 p.m. for the
purpose of conducting a
hearing on the proposed
revenues and expenditures
of the District for the 2015
fiscal year. A copy of the
proposed revenue and expenditures will be made
available to the public at
District headquarters prior
to the hearing date.

By Order of the Board of
Water Commissioners of
the Massapequa Water District. CONSTANCE BELEGRINOS Business Manager
Dated: Massapequa, New
York
August 11, 2014
1x 8/20/14 #668-POST

Nasty Bastard Apparel LLC
filed with the SSNY on
6/30/14. Office location:
Nassau County. SSNY
designated for service of
process. SSNY shall mail
process to United States
Corporation Agents, Inc.
7014
13th Ave., Suite 202, Brooklyn, NY 11228. General
Purpose.
6x 9/17/14 #664-POST

NOTICE is hereby given
that a license, Serial # Pending for beer & wine & liquor
has been applied for by the
undersigned to sell beer &
wine & liquor at retail in
restaurant known as Heike
Sushi Inc. Under the Alcoholic Beverage Control Law
at 1163 Old Country Road
Plainview NY 11803 for onpremise consumption.
2x 8/27/14 #665-POST

Rich Clothing, LLC
filed with the SSNY on
5/13/2014. Office location:
Nassau County. SSNY designated for service of process. SSNY shall mail process to Rich Clothing, LLC
7014 13th Avenue, Suite
202, Brooklyn, NY 11228.
General purpose.
6X 9/17/14 #661-POST

SUPREME COURT –
COUNTY OF NASSAU
THE BANK OF NEW
YORK MELLON TRUST
COMPANY, NATIONAL
ASSOCIATION FKA THE
BANK OF NEW YORK
TRUST COMPANY, N.A.
AS SUCCESSOR TO JPMORGAN CHASE BANK
N.A. AS TRUSTEE FOR
RAAC 2006RP2, Plaintiff
against
SANDRA CATASUS, et al
Defendant(s).
Pursuant to a Judgment of
Foreclosure and Sale entered on June 3, 2014.
I, the undersigned Referee
will sell at public auction in
the Calendar Control Part
(CCP) Courtroom of the
Supreme Court, 100 Supreme Court Drive, Mineola, N.Y.
on the 9th day of September, 2014 at 11:30 a.m.
Said premises known as 22
Francine Drive North, Massapequa, N.Y. 11758.
Tax account number: SBL
#:53-A-01-24.
Approximate amount of
lien $ 396,409.31 plus interest and costs.
Premises will be sold subject
to provisions of filed judgment and terms of sale.

Index No. 12637-11. Michael B. Mirotznik, Esq.,
Referee.
McCabe Weisberg & Conway Attorney(s) for Plaintiff
145 Huguenot Street - Suite
210
New Rochelle, New York
10801
(914) 636-8900
4x 8/27/14 #657-POST

SUPREME COURT –
COUNTY OF NASSAU
WELLS FARGO BANK,
N.A., Plaintiff against
BARBARA DOUGLAS, et
al Defendant(s).
Pursuant to a Judgment of
Foreclosure and Sale entered on May 29, 2014.
I, the undersigned Referee
will sell at public auction in
the Calendar Control Part
(CCP) Courtroom of the
Supreme Court, 100 Supreme Court Drive, Mineola, N.Y.
on the 16th day of September, 2014 at 11:30 a.m.
Said premises known as 30
Joyce Avenue, Massapequa,
N.Y. 11758-3729.
Tax account number: SBL
#: 53-166-10.
Approximate amount of
lien $ 517,604.11 plus inter-

est and costs.
Premises will be sold subject
to provisions of filed judgment and terms of sale.
Index No. 021988-07.
Michael C. Wolkow, Esq.,
Referee.
McCabe Weisberg &
Conway
Attorney(s) for Plaintiff
145 Huguenot Street -
Suite 210
New Rochelle, New York
10801
(914) 636-8900
4x 9/3/14 #662-POST

PUBLIC NOTICE
PLEASE TAKE NOTICE,
that the Town Board of the
Town of Oyster Bay, New
York, shall hold a regular
meeting to conduct the public business of the government of the Town of Oyster
Bay, on Tuesday, the 2nd
day of September, 2014, at
10:00 A.M., prevailing time
at the Hearing Room, Town
Hall, East Building, Audrey
Avenue, Oyster Bay, New
York. All interested members of the public are invited
to attend. Pursuant to law, a
public hearing will be held
at the aforesaid time and
place, or as soon thereafter
as practicable, to consider
the following amendment
to Chapter 233, “Motor
Vehicles and Traffic” of the
Code of the Town of Oys-

ter Bay, New York. STOP
SIGNS shall be ADDED or
DELETED from SECTION
17-25 of the said Code in
the hamlets of East Norwich, Farmingdale, Hicksville, Jericho, Massapequa,
Massapequa Park, Oyster
Bay, Plainview and Syosset.
LEFT OR RIGHT TURNS
SHALL OR SHALL NOT
BE MADE shall be ADDED
to SECTION 17-44 of the
said Code in the hamlets
of Hicksville and Plainview.
NO U-TURNS shall be
ADDED to SECTION 17-
45 of the said Code in the
hamlet of Hicksville. NO
STOPPING ZONES shall
be ADDED or DELETED
from SECTION 17-152 of
the said Code in the hamlets of Bethpage, Hicksville,
Massapequa, Plainview and
Woodbury. That NO STOPPING DURING CERTAIN
DAYS OR HOURS shall
be ADDED or DELETED
from SECTION 17-153 of
the said Code in the hamlet
of Syosset. NO PARKING
ZONES shall be ADDED or
DELETED from SECTION
17-165 of the said Code in
the hamlets of Massapequa
and Syosset. NO PARKING DURING CERTAIN
DAYS OR HOURS shall
be ADDED or DELETED
from SECTION 17-166 of

the said Code in the hamlets
of Massapequa and Syosset. LIMITED PARKING
ZONES shall be DELETED
from SECTION 17-167 of
the said Code in the hamlet
of Massapequa. LIMITED
PARKING DURING CERTAIN DAYS OR HOURS
shall be ADDED or DELETED from SECTION 17-
168 of the said Code in the
hamlets of Bethpage, Hicksville and Massapequa. NO
PARKING/ STANDING
ANYTIME shall be ADDED to SECTION 17-183 in
the hamlet of Massapequa.
NO PARKING/STANDING DURING CERTAIN
DAYS OR HOURS shall
be ADDED or DELETED
from SECTION 17-184 of
the said Code in the hamlets of Hicksville and Syosset. The above mentioned
amendment to Chapter 233
“Motor Vehicles and Traffic”
is on file and may be viewed
daily (except Saturday, Sunday and Holidays) between
the hours of 9:00 A.M. and
4:45 P.M. prevailing time at
the Office of the Town Clerk
located at Oyster Bay and
Massapequa as well as online at www.oysterbaytown.
com. Any person interested
in the subject matter of said
hearing will be given an opportunity

to be heard with
reference thereto at the
time and place above designated. BY ORDER OF
THE TOWN BOARD OF
THE TOWN OF OYSTER
BAY. John Venditto, Supervisor. James Altadonna, Jr.,
Town Clerk. Dated: August
12, 2014, Oyster Bay, New
York.
1x 8/20/14 #666-POST

LEGAL NOTICE
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a Public Hearing
will be held on Monday,
September 8, 2014 at 8 PM
in Village Hall, 151 Front
Street, Massapequa Park,
New York to Amend Section A350 concerning the
annual fee charged for Second Hand Dealers.
Anyone wishing to be heard
will be given the opportunity at the above time and
place mentioned.
PEGGY CALTABIANO,
CMC VILLAGE ADMINISTRATOR By order of the Board of
Trustees of the Inc. Village
of Massapequa Park
dated this 11th day of
August, 2014
1x 8/20/14 #669-POST

OF BOARD OF TRUSTEES OF THE VILLAGE),
AS FOLLOWS:
Section 1. For the purpose
of refunding all or a portion of the (i) $180,000 outstanding principal amount
of the Series 2003A Bonds,
(ii) $1,225,000 outstanding principal amount of
the Series 2004 Bonds and
(iii) $1,250,000 outstanding principal amount of the
Series 2006 Bonds providing moneys which, together
with the interest earned
from the investment of certain of the proceeds of the
refunding bonds herein authorized shall be sufficient
to pay: (i) the refunded
principal amount of the
Series 2003A Bonds, Series
2004 Bonds and Series 2006
Bonds (collectively, the “Refunded Bonds”); (ii) the aggregate amount of the unmatured interest payable on
the Refunded Bonds to and
including the date on which
any series of the Refunded
Bonds which are callable
are to be redeemed prior to
their respective maturities
in accordance with the Refunding Financial Plan (as
hereinafter defined) and attached hereto as Exhibit B;
(iii) the costs and expenses
incidental to the issuance
of the Refunding Bonds as
hereinafter authorized and
as described in Exhibit A,
including without limitation, the development of
the Refunding Financial
Plan, costs and expenses of
executing and performing
the terms and conditions
of the Escrow Contract (as
hereinafter defined), and
any securities supply contract, the premium with respect to any bond insurance
policy or policies acquired
with respect to the Refunding Bonds (as defined below), discount or compensation of underwriters, fees
of bond counsel and financial advisors, rating agency
fees, printing and service
agency fees and expenses,
and fees and charges of the
Escrow Holder (as hereafter
described); and (iv) the redemption premium, if any,
to be paid on any series of
the Refunded Bonds which
are to be called prior to their
respective maturities; there
are hereby authorized to be
issued in one or more series
not exceeding $3,000,000
aggregate principal amount
of refunding serial bonds of
the Village pursuant to the
provisions of Section 90.10

of the Local Finance Law, it
being anticipated that the
par amount of Refunding
Bonds actually to be issued will be approximately
$2,715,000 as provided in
Section 4 hereof. The proposed principal amounts
and dates of maturity of
such Refunding Bonds are
set forth in the Refunding
Financial Plan attached
hereto.
Section 2. It is hereby determined pursuant to Section 90.10 that:
the maximum amount of
the Refunding Bonds authorized to be issued pursuant to this resolution does
not exceed the limitation
imposed by subdivision 1
of paragraph (b) of Section 90.10 of the Local Finance Law with respect to
each series of the Refunded
Bonds;
the aggregate amount of
estimated present value
savings computed in accordance with subparagraph
(a) of subdivision 2 of paragraph b of Section 90.10 of
the Local Finance Law is
not expected to be less than
three percent (3.0%) of debt
service on the Refunded
Bonds paid to stated maturity. The Board of Trustees is
hereby authorized and directed to enter into an escrow contract (the “Escrow
Contract”) with a bank or
trust company located and
authorized to do business
in this State as the Board
of Trustees shall designate
(the “Escrow Holder”) for
the purpose of having the
Escrow Holder act, in connection with the Refunding
Bonds, as the escrow holder
to perform the services described in Section 90.10 of
the Local Finance Law. In
addition, the Escrow Contract may include a forward
supply or purchase contract
or agreement as part thereof or as a separate agreement for the provision of
acquiring obligations of the
United States of America
or unconditionally guaranteed by the United States of
America or other obligations or instruments qualified under Section 90.10 of
the Local Finance Law or
may be necessary for the
completion of the Refunding Financial Plan. The Escrow Contract shall contain
such terms and conditions
as shall be necessary or
required, including terms
(Continued on Next Page)

and conditions required
for the completion of the
Refunding Financial Plan,
including provisions for
the Escrow Holder, without
further authorization or direction from the Board of
Trustees of the Village, except as otherwise provided
therein, including, without limitation, (i) to make
all required payments of
principal, interest and any
redemption premiums to
appropriate paying agents
with respect to the Refunded Bonds, (ii) to pay costs
and expenses incidental to
the issuance of the Refunding Bonds, including the development of the Refunding
Financial Plan, and of executing and performing the
terms and conditions of the
Escrow Contract by the Escrow Holder, (iii) at the appropriate time or times, to
cause to be given on behalf
of the Village in the manner
provided by law the notice
of redemption authorized
to be given pursuant to Section 8 hereof, and (iv) to invest the moneys held by the
Escrow Holder pursuant
to the terms of the Escrow
Contract and consistent
with the provisions of the
Refunding Financial Plan.
The Escrow Contract shall
be irrevocable and shall
constitute a covenant with
the owners of the Refunding Bonds.
The proceeds, inclusive of
any premium, from the sale
of the Refunding Bonds,
immediately upon receipt,
shall be placed in escrow by
the Village with the Escrow
Holder pursuant to the
terms of the Escrow Contract. All moneys held by
the Escrow Holder shall be
invested only in direct obligations of the United States
of America, in obligations
the principal of and interest
on which are unconditionally guaranteed by the United States of America or in
obligations or instruments
qualified under Section
90.10 of the Local Finance
Law, which obligations or
instruments shall mature
or be subject to redemption
at the option of the Escrow
Holder not later than the
respective dates when such
moneys will be required
to make payments in accordance with the Escrow
Contract and the Refunding Financial Plan. Any
such moneys remaining in
the custody of the Escrow

Holder after the performance in full of the Escrow
Contract by the Escrow
Holder shall be returned
to the Village and shall be
applied by the Village Treasurer to the payment of the
principal of or interest on
the Refunding Bonds then
outstanding, to the payment
of any amounts required to
be paid to the United States
of America in connection
of with the refunding of the
Refunding Bonds or to the
payment of or reimbursement for the costs of issuance or other administrative
costs incurred in connection with the issuance of
the Refunding Bonds. In
connection with the investment of moneys held by the
Escrow Holder under the
Escrow Contract, the Village Treasurer is authorized
to execute on behalf of the
Village any forward purchase or supply contract for
the purchase or supply of
the securities described in
this subsection (d) at a date
subsequent to the delivery
of the Refunding Bonds, as
is needed to accomplish the
purposes of the Refunding
Financial Plan.
Section 3. It is hereby determined that the maximum period or periods of
probable usefulness permitted by law at the time
of the issuance of the Refunded Bonds for each of
the objects or purposes for
which the Refunded Bonds
were issued is no less than
as shown in the Certificates
of Determination of the Village Treasurer incorporated
by reference herein and
made a part of this resolution taking into account the
earlier of the original date
of issuance of any such series of serial bonds or bond
anticipation notes funded
by such series of Refunded
Bonds; and
Section 4. The financial
plan for the refunding authorized by this resolution
(the “Refunding Financial
Plan”), showing the sources
and amounts of all moneys required to accomplish
such refunding, the estimated present value of the
total debt service savings
and the basis for the computation of the aforesaid
estimated present value of
total debt service savings,
are set forth in Exhibit B
attached hereto and made
a part hereof. The Refunding Financial Plan has been

prepared based upon the
assumption that the Refunding Bonds will be issued in the aggregate principal amount of $2,715,000
if fully issued and will mature, be of such terms, and
bear such interest as set
forth in the Refunding Financial Plan. The Board of
Trustees of the Village recognizes that the principal
amount of the Refunding
Bonds, the series, maturities, terms, interest rate or
rates borne by the Refunding Bonds, the provisions
for redemption thereof prior to maturity and whether
or not all of the Refunding
Bonds will be insured, and
the resulting present value
savings are likely to vary
from such assumptions
and that the Refunding Financial Plan will likely vary
from that attached hereto
as Exhibit B. The Village
Treasurer is hereby authorized and directed to determine the principal amount
of the Refunding Bonds to
be issued, the series and
designation or designations
thereof, the time or times of
the sale thereof, the maturities and terms thereof, the
provisions relating to the
redemption of the Refunding Bonds prior to maturity,
if any, the rate or rates of interest to be borne thereby,
whether or not the Refunding Bonds will be insured
in whole or in part or uninsured, and to prepare, or
cause to be provided, a final
Refunding Financial Plan,
all in accordance herewith,
and all powers in connection therewith may be exercised by the Village Treasurer; provided, that the terms
of the Refunding Bonds to
be issued, including the rate
or rates of interest borne
thereby, shall comply with
the requirements of Section
90.10 of the Local Finance
Law. The Board of Trustees
shall file a copy of a certificate determining the details
of the Refunding Bonds
and the final Refunding
Financial Plan with the Village Administrator/Clerk
within ten (10) days after
the delivery of the Refunding Bonds, as herein provided. Section 5. The faith and
credit of the Village are
hereby irrevocably pledged
to the payment of the principal of and interest on the
Refunding Bonds as the
same respectively become

due and payable. An annual appropriation shall be
made in each year sufficient
to pay the principal of and
interest on the Refunding
Bonds becoming due and
payable in such year. To the
extent that the same are not
paid from other sources,
there shall be annually levied on all the taxable real
property in the Village a tax
sufficient to pay the principal of and interest on the
Refunding Bonds as the
same become due and payable. Section 6. Proceeds from
the sale of the Refunding
Bonds, including any accrued interest and, together
with interest earned thereon, which shall be required
for the payment of the principal of and interest on the
Refunded Bonds, including
any redemption or call premiums, in accordance with
the Refunding Financial
Plan, shall be irrevocably
committed and pledged to
such purpose and the owners of the Refunded Bonds
shall have a lien upon such
moneys and the investments thereof held by the
Escrow Holder. The pledge
and lien provided by this
resolution shall become
valid and binding upon the
issuance of the Refunding
Bonds and the moneys and
investments held by the Escrow Holder shall immediately be subject thereto
without any further act.
Such pledge and lien shall
be valid and binding against
all parties having claims of
any kind in tort, contract,
equity, at law or otherwise
against the Village irrespective of whether such
parties have notice thereof.
Neither this resolution, the
Escrow Contract, nor any
other instrument relating to
such pledge and lien, need
be filed or recorded.
Section 7. In accordance
with the terms of the Refunded Bonds and the provisions of Section 53.00 and
of paragraph (h) of Section
90.10 of the Local Finance
Law, and subject only to the
issuance of the Refunding
Bonds, as herein authorized, the Village hereby
elects to call in and redeem
(i) all or a portion of the Series 2003A Bonds maturing
on and after May 15, 2015
on September 22, 2014, (ii)
all or a portion of the Series 2004 Bonds maturing
on and after May 15, 2015

on September 22, 2014 and
(iii) all or a portion of the
Series 2006 Bonds maturing on and after April 1,
2017 on April 1, 2016. The
sum to be paid therefor on
such redemption dates shall
be the par value thereof plus
the redemption premium, if
any, as provided in the issuance proceedings for the
Refunded Bonds and the
accrued interest to such redemption date. The Escrow
Holder is hereby authorized
and directed to cause notice
of such call for redemption
to be given in the name of
the Village in the manner
and within the times provided in the issuance proceedings for the Refunded
Bonds. Such notice of redemption shall be in substantially the form attached
to the Escrow Contract.
Upon the issuance of the
Refunding Bonds, the election to call in and redeem
the applicable portion of the
Refunded Bonds and direction to the Escrow Holder
to cause notice thereof to
be given as provided in
this paragraph shall become irrevocable, provided
that this paragraph may be
amended from time to time
as may be necessary in order to comply with the notice, requirements of paragraph (a) of Section 53.00
of the Local Finance Law,
or any successor law thereto. It is hereby determined
that with respect to the series of Refunded Bonds to
be called in and redeemed
as provided in this Section
7, it is to the financial advantage of the Village not to
charge, impose and collect
or receive from registered
owners of the Refunded
Bonds mailing, shipping,
insurance or other similar
charges in connection with
such redemption or calls.
Accordingly, pursuant to
paragraph (c) of Section
70.00 of the Local Finance
Law, no such charges shall
be so charged, collected or
received by the Chief Fiscal
Officer, as fiscal agent.
Section 8. The Refunding
Bonds may be sold at either
a private or competitive sale
and the Village Treasurer is
hereby authorized to execute a purchase contract on
behalf of the Village for the
private sale of the Refunding Bonds, provided that
the terms and conditions
of such sale shall be approved by the State Comptroller

and further provided
that, prior to the issuance
of the Refunding Bonds
the Board of Trustees shall
have filed with the Village Administrator/Clerk a
certificate approved by the
State Comptroller pursuant
to subdivision 2 of paragraph (g) of Section 90.10
of the Local Finance Law
setting forth the present
value savings to the Village
resulting from the issuance
of the Refunding Bonds. In
connection with such sale,
the Board of Trustees of
the Village hereby authorizes the preparation of an
Official Statement and approves its use in connection
with such sale, and further
consents to the distribution
of a Preliminary Official
Statement prior to the date
said Official Statement is
executed and available for
distribution, all in accordance with applicable State
and Federal securities laws,
rules and regulations.
Section 9. The Board of
Trustees of the Village
hereby appoints the law
firm of Squire Patton Boggs
(US) LLP of New York,
New York, as bond counsel
in connection with the issuance and sale of the Refunding Bonds. The Board
of Trustees of the Village
hereby appoints the firm
of Munistat Services Inc. of
Port Jefferson Station, New
York, as financial advisor in
connection with the issuance and sale of the Bonds.
The power to appoint the
Escrow Holder, as that term
is referred to herein, and a
senior managing underwriter for the sale of the
Refunding Bonds if sold at
private sale, is hereby delegated to the Village Treasurer of the Village, as chief
fiscal officer of the Village.
Section 10. Each of the Refunding Bonds authorized
by this resolution shall contain the recital of validity
prescribed by Section 52.00
of the Local Finance Law
and the Refunding Bonds
shall be general obligations
of the Village, payable as to
both principal and interest
by a general tax upon all the
taxable real property within
the Village, without limitation as to rate or amount.
Section 11. The Village
Treasurer, pursuant to Sections 50.00, 90.00, 90.10
and 168.00 of the Local
Finance Law, and all other
(Continued on Next Page)

officers, employees and
agents of the Village are
hereby authorized and directed for and on behalf of
the Village to execute and
deliver all certificates and
other documents, perform
all acts and do all things required or contemplated to
be executed, performed or
done by this resolution or
any document or agreement
approved hereby, including to correct or amend the
documents and certificates
authorized to complete the
transactions contemplated
by this resolution.
Section 12. All other matters pertaining to the terms,
issuance and sale of the
Refunding Bonds consistent with the provisions of
Section 90.10 of the Local Finance Law shall be
determined by the Village
Treasurer and the powers
in connection therewith
not otherwise heretofore
delegated thereto are hereby delegated to the Village
Treasurer.
Section 13. The Village
intends to issue the obligations authorized by this resolution to finance the costs
of the purposes described
herein for the completion
of the Refunding Financial
Plan. The Village covenants
for the benefit of the holders of the Refunding Bonds
that it will not make any
use of (a) the proceeds of
the Refunding Bonds, any
funds reasonably expected
to be used to pay the principal of or interest on the
Refunding Bonds or any
other funds of the Village,
and (b) the purposes financed with the proceeds
of the Refunding Bonds,
which would cause the interest on which to become
subject to Federal income
taxation under the Internal
Revenue Code of 1986, as
amended (the “Code”) (except for the federal alternative minimum tax imposed
on corporations by Section
55 of the Code), or subject
the Village to any penalties
under Section 148 of the
Code, and that it will not
take any action or omit to
take any action with respect
to the Refunding Bonds
or the proceeds thereof, if
such action or omission
would cause the interest
on the Refunding Bonds to
become subject to Federal
income taxation under the
Code (except for the federal
alternative minimum tax

imposed on corporations
by Section 55 of the Code),
or subject the Village to any
penalties under Section 148
of the Code. The foregoing covenants shall remain
in full force and effect notwithstanding the defeasance
of the Refunding Bonds or
any other provision hereof
until the date which is sixty
(60) days after the final maturity date or earlier prior
redemption date thereof.
The proceeds of the Refunding Bonds may be applied
to reimburse expenditures
or commitments made for
the purposes on or after a
date which is not more than
sixty (60) days prior to the
adoption date of this resolution by the Village.
Section 14. For the benefit of the holders and beneficial owners from time
to time of the Refunding
Bonds, the Village agrees,
in accordance with and as
an obligated person with
respect to the Refunding
Bonds under, Rule 15c2-12
promulgated by the Securities Exchange Commission
pursuant to the Securities
Exchange Act of 1934 (the
“Rule”), to provide or cause
to be provided such financial information and operating data, financial statements and notices, in such
manner, as may be required
for purposes of the Rule. In
order to describe and specify certain terms of the Village’s continuing disclosure
agreement for that purpose,
and thereby to implement
that agreement, including
provisions for enforcement,
amendment and termination, the Village Treasurer
is authorized and directed
to sign and deliver, in the
name and on behalf of the
Village, the commitment
authorized by subsection
6(c) of the Rule (the “Commitment”) to be placed on
file with the Village Administrator/ Clerk, which shall
constitute the continuing
disclosure agreement made
by the Village for the benefit of holders and beneficial
owners of the Refunding
Bonds in accordance with
the Rule, with any changes
or amendments that are not
inconsistent with this resolution and not substantially
adverse to the Village and
that are approved by the
Village Treasurer on behalf
of the Village, all of which
shall be conclusively evidenced by the signing of the

Commitment or amendments thereto. The agreement formed, collectively
by this paragraph and the
Commitment, shall be the
Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to
the availability of funds and
their annual appropriation
to meet costs the Village
would be required to incur
to perform thereunder. The
Village Treasurer is further
authorized and directed to
establish procedures in order to ensure compliance by
the Village with its continuing disclosure agreement,
including the timely provision of information and notices. Prior to making any
filing in accordance with
the agreement or providing
notice of the occurrence of
any material event, the Village Treasurer shall consult
with, as appropriate, the
Village Attorney and bond
counsel or other qualified
independent special counsel to the Village and shall
be entitled to rely upon
any legal advice provided
by the Village Attorney or
such bond counsel or other
qualified independent special counsel in determining
whether a filing should be
made.
Section 15. The validity of
the Refunding Bonds may
be contested only if such
obligations are authorized
for objects or purposes for
which the Village is not authorized to expend money,
or the provisions of law
which should be complied
with at the date of the publication of this resolution, are
not substantially complied
with, and an action, suit or
proceeding contesting such
validity, is commenced
within twenty (20) days after the date of publication,
or if said obligations are authorized in violation of the
provisions of the Constitution of New York.
Section 16. When this
bond resolution takes effect, it shall be published in
full by the Village Administrator/ Clerk, together with
a notice in substantially the
form prescribed by Section
81.00 of the Local Finance
Law, and such publication
shall be in The Massapequa
Post, a newspaper having
a general circulation in the
Village and which is hereby
designated as the official
newspaper of the Village

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