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HomeMy WebLinkAboutL 13012 P 977 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 05/22/2019 Number of Pages : 14 At: 11 : 41 :09 AM Receipt Number : 19-0098901 TRANSFER TAX NUMBER: 18-32946 LIBER: D00013012 PAGE : 977 District: Section: Block: Lot: 1000 040 . 00 03.00 001 .000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $70 .00 NO Handling $20 .00 NO COE $5.00 NO NYS SRCHG $15 . 00 NO TP-584 $5 . 00 NO Notation $0 . 00 NO Cert.Copies $0 .00 NO RPT $200 . 00 NO Transfer tax $0 .00 NO Comm.Pres $0 . 00 NO Fees Paid $315 . 00 TRANSFER TAX NUMBER: 18-32946 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County ❑1 RECORDED Number of pages 2019 May 22 11;41.09 AM JUDITH A. PASCALE CLERK OF This document will be public SUFFOLK COUNTY record. Please remove all L D00013012 Social Security Numbers 1 977 DT# 18-32445 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee V Mortgage Amt. 16 1.Basic Tax Handling 20 2. Additional Tax Tp-5l� S Sub Total Notation Spec./Assit. F or EA-52 17(County) SubTotal�� Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. Held forAppointment Comm.of Ed, S. 00 Transfer Tax Affidavit + �. Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. Do— family dwelling only. Sub Total 0 YES orNO Other / Grand Total If NO, see appropriate tax clause on page# of this instrument. /-/5-1 � 4 Dist.1000 Section040,00 1 Block 03.00 Lot 001.000 5 Community Preservation Fund Real Proper 3862197 1000 04000 0300 001000 Consideration Amount$_ Tax Service CPF Tax Due $ Ver f caor R DTY A I Illlll lull lull l��ll lull lull till I�I IIII t 30-APR-1 Improved 6 Satista ess nccvnv a-ncrvnrv-t v. Vacant Land Closing USA, LLC Attn: Commercial Department TD 7665 Omnitech Place TD Victor, NY 14564 TD Mail to:Judith A. Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name Closing USA,LLC www.suffolkcountyny.gov/clerk Title# CL17004fi37fiC0 Suffolk County Recording & Endorsement Page This page forms part of the attached Easement made by: (SPECIFYTYPE OF INSTRUMENT) Conifer,LLC,Vineyard View Housing Development Fund Company,Inc. The premises herein is situated in Vineyard View,LLC SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold County of Suffolk,acting by and through its Department of Ewnanlc Development end Planning In the VILLAGE or HAMLET of Greenport BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over ` Law No. 69-ED-001 Contract No. 0054693 EASEMENT THIS INDENTURE, made as of the _L�L_ day of April, 2019, by and among CONIFER, LLC, a New York limited liability company, having its offices at 1000 University Avenue, Suite 500, Rochester, New York 14607 (the "Developer"), VINEYARD VIEW HOUSING DEVELOPMENT FUND COMPANY, INC., a domestic not for profit corporation having its offices at 2100 Middle Country Road, Suite 300, Centereach,New York 11720, (the "Fee Owner"), and VINEYARD VIEW, LLC, a New York limited liability company, having its offices at 1000 University Avenue, Suite 500, Rochester, New York 14607 (the "Beneficial Owner") and ; (all together, the "Grantor"); and The COUNTY OF SUFFOLK, a municipal corporation of the State of New York, having its principal office at the Suffolk County Center, Center Drive, Riverhead, New York 11901 (the "County" or "Grantee"), acting by and through its Department of Economic Development and Planning (the "Department") having its offices at 100 Veterans Memorial Highway, Hauppauge, New York 11788; WITNESSETH: WHEREAS, the Grantor covenants that it is seized of certain premises identified by Suffolk County Tax Map Number 1000-040.00-03.00-001.000 all as more particularly described in Schedule A annexed hereto and made a part hereof (the "Premises"), and further the Grantor also covenants that it has good right and title to convey an easement in the Premises; and WHEREAS, the Grantor desires to participate in the Grantee's Housing Opportunities Program, and in consideration of its participation, it will receive funding to offset the costs of infrastructure improvements, as described in Schedule B attached hereto (the "Infrastructure Improvements") made upon the Premises for the benefit of such Premises all as set forth in that certain Development Agreement, dated the date hereof, by and among the County, the Developer, the Fee Owner, and the Beneficial Owner(the "Development Agreement"); and WHEREAS, in consideration of a possessory interest in the Premises and as security for the Infrastructure Development Subsidy as defined below, the Grantor is required, herewith, to grant an easement to the Grantee on the Premises and the Infrastructure Improvements which will be built, along with the real property necessary to gain access to such Infrastructure Improvements; and WHEREAS, the Grantor desires to convey an easement to the Grantee, and its successors and assigns, for the time period set forth in Section 6 of this Easement, on, 1of10 over, across and in the Premises to the Grantee, and its successors and assigns for the purposes as set forth below. NOW, THEREFORE, the Grantor, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant and convey unto the Grantee, and its successors and assigns, an easement (the "Easement") on, over, across and in the Premises, including, but not limited to: 1. The right and privilege on a non-exclusive basis, but not the obligation or duty, upon reasonable prior written notice to Grantor and during regular business hours (except in the case of emergency), to ascertain site conditions and/or inspect, build, operate, maintain, remediate the Infrastructure Improvements and gain access to the Premises and related interests identified hereinafter as the "Easement Area" or as the "Easement", as applicable, described in Schedule A; provided, however, that any right of Grantee to build, operate, maintain, and/or remediate the Infrastructure Improvements may only be exercised if the Grantor fails to do the same in accordance with the provisions of the Development Agreement. 2, Such Easement is for the purposes of protecting the Grantee's interest in the development only, and is not for the purpose of ensuring the safety of persons on or near the Premises. Notwithstanding anything to the contrary set forth herein, Grantee shall not exercise any of its rights under the Easement in a manner that unreasonably interferes with, and shall exercise its rights hereunder in a manner that minimizes any disruption to, Grantor's conduct of the construction, maintenance, operation and occupancy of the Premises and any improvements thereon. 3. The Easement shall be deemed to include, but not be limited to, ingress and egress over the Easement Area in order to accomplish the rights and privileges granted in Section 1 of this Easement; and 4 The right to clear and disturb, in any reasonable manner, form or way, without limitation, the Easement Area to effectuate the terms of this Easement, provided that any such clearance or disturbance shall not unreasonably interfere with Grantor's conduct of the construction, maintenance, operation and occupancy of the Premises and any improvements thereon. TO HAVE AND TO HOLD, the rights and easements granted herein unto the Grantee, and its successors and assigns, and which shall run with the land for the time period set forth in Section 6 of this Easement, said Grantor and Grantee mutually agree and covenant as follows: 5. All Infrastructure Improvements as identified in Schedule B, constructed upon the Easement Area and/or the Premises, by the Grantor, and its successors and assigns, shall be and remain the property of the Grantor, and its successors and 2 of 10 assigns. Notwithstanding anything to the contrary herein, Conifer, LLC is signing this document as developer of the property for the sole purpose of consenting to its contents and does not assume any obligations hereunder. 6. A. This Easement shall commence upon its execution by the Grantor, and is deemed a condition precedent to the Grantee's funding of the Infrastructure Development Subsidy as defined in the Development Agreement (the "Infrastructure Development Subsidy"), via the Grantee's issuance of its notes and/or bonds to finance the Grantor's Infrastructure Improvements. B. This Easement may be terminated only upon the condition precedent of written notice given by the Grantee to the Grantor, upon the conclusion of the following events, as the case may be, whichever last occurs: i. That the subject notes and/or bonds issued for the Infrastructure Improvements, not to exceed Seven Hundred Thousand and 00/100 Dollars ($700,000.00), are fully paid and retired; or ii. Upon full payment by the Beneficial Owner to the Grantee, of an amount comprised of the face amount of the Grantee's infrastructure notes and/or bonds plus all of the Grantee's issuance costs, debt service, penalties if any, and administrative soft costs therefor; or iii. Upon the expiration of fifty (50) years from the date of the Mortgage securing the notes and/or bonds issued for the Infrastructure Improvements described in clause i. above. 7. The Grantee shall have the right of quiet enjoyment of said rights and Easement. 8. The Grantee agrees to restore any Easement Area or other areas on the Premises disturbed by the Grantee to a condition similar to that which existed prior to the disturbance. 9. The Grantor agrees that the terms, conditions, covenants, restrictions, and purposes of this Easement shall continue for the time period stipulated in Section 6 above, and the same shall be incorporated by reference in any subsequent deed or other legal instrument by which the Grantor divests itself of either the fee simple title to, or other possessory interest in the Premises, or any portion thereof, specifically setting forth the date of the Easement and also with the date that the Easement was recorded in the Suffolk County Clerk's Office, and the liber and page thereof. 10. Except as set forth in Section 11 below, any rule of strict construction designed to limit the breadth of the restrictions in the use of the Easement shall not apply in 3of10 the construction or interpretation of this Easement, and, this Easement shall be interpreted broadly to effectuate the purposes of this Easement as intended by the Grantor and Grantee. 11. The Grantor and Grantee acknowledge, agree and accept that this Easement shall be deemed to have been made pursuant to and in accordance with Article XXXVI of the Suffolk County Administrative Code, as amended, and the Grantor shall be, and remain in compliance therewith. 12. Notwithstanding anything to the contrary, Grantee acknowledges and agrees that Grantor retains and reserves for itself, its successors and/or assigns, its invitees, and, to the extent of their rights as tenants pursuant to a lease with Grantor, its lessees, all rights with respect to the Premises, including, but not limited to, the rights for pedestrian and vehicular access to and over the Easement Area, and rights to develop, occupy and maintain the same, as long as Grantee's rights, privileges and usage, as set forth in this easement, are not obstructed thereby. In particular, without limitation, Grantee acknowledges Grantor's right to construct improvements, including parking spaces, in accordance with the Development Agreement and the Development Plan attached thereto, and to maintain, repair, and restore the same, as and when necessary. 13. The Beneficial Owner shall maintain the Easement Area in good repair at its sole cost and expense, subject, however, to the provisions of Section 8 above. 14. The Beneficial Owner or the Developer shall, at its sole cost and expense secure any and all permits or licenses which may be lawfully required by, and shall abide by all laws, rules, regulations and codes of, each and every municipality and/or department and/or agency, whether federal, state, or local, having jurisdiction in or over the Development Area, the Easement, and/or the Easement Area, except for any such permits or licenses that are required in connection with any of Grantee's activities set forth in Section 1 and/or Section 8 above to the extent that any such activities are not a result of a breach by Grantor of its obligations under the Development Agreement, 15. It is intended that the Easement is necessary for the issuance of financing in connection with the Grantee's Housing Opportunities Program and the Grantor's participation in such program, and is not intended to establish any liability to the Grantee regarding any construction, building or work performed at the Premises. The Grantor agrees that it shall protect, indemnify and hold harmless the Grantee and its officers, officials, employees, contractors, agents and other persons from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorneys' fees, whatsoever, arising out of the acts, omissions or the negligence of the Grantor in connection with any construction, building and work performed at the Premises, the use of the Premises and this Easement except to the extent any such liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, 4 of 10 expenses, suits or actions and reasonable attorneys' fees arise as a result of the negligence and/or intentional misconduct of Grantee or its officers, officials, employees, contractors or agents. The Grantor shall-defend the Grantee and its officers, officials, employees, contractors, agents and other persons in any claim and/or suit, including appeals, or at the Grantee's option, pay the Grantee reasonable attorneys' fees for defense of any such suit arising out of the acts, omissions or negligence of the Grantor, its officers, officials, employees, subcontractors or agents, if any, in connection with any construction, building and work performed at the Premises, the use of the Premises and this Easement. It is intended by the parties of this Indenture that the Easement is necessary for the issuance of financing in connection with the Grantee's Housing Opportunities Program and the Grantor's participation in such program. 16. Insurance. A. The Beneficial Owner agrees to procure, pay the entire premium for and maintain the following types and amounts of insurance in connection with the Premises for the duration of this Easement. i. Commercial General Liability insurance, including contractual liability coverage, in an amount not less than Two Million and 001100 Dollars ($2,000,000.00) per occurrence for bodily injury and Two Million and 001100 Dollars ($2,000,000.00) per occurrence for property damage. ii. Workers' Compensation and Employer's Liability insurance in compliance with all applicable New York State laws and regulations and Disability Benefits insurance, if required by law. The Beneficial Owner shall furnish to the Grantee, prior to its execution of this Easement, the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to §§57 and 220 of the Workers' Compensation Law. B. All policies providing such coverage shall be issued by insurance companies with an A.M. Best rating of A-or better. C. The Beneficial Owner shall furnish to the Grantee Declaration Pages for each such policy of insurance and upon request, a true and certified original copy of each such policy, evidencing compliance with the aforesaid insurance requirements. In the case of commercial general liability insurance, the Grantee shall be named as an additional insured and certificate holder and the Beneficial Owner shall furnish a Declaration Page and endorsement page evidencing the Grantee's status as an additional insured and certificate holder on said policy. 5of10 17. The Grantor represents and warrants that neither the Grantor nor any official, officer, or employee of Grantor, has offered or given any gratuity to any official, employee or agent of Grantee, Suffolk County, New York State or any political party with the purpose or intent of securing favorable treatment with respect to the awarding or amending of an agreement, or the making of any determinations with respect to the performance of an agreement, and that Grantor has read and is familiar with the provisions of Suffolk County Local Law Number 32-1980. 18. The Grantor, in compliance with Section 13 of the Lien Law, hereby covenants that the Grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvements and will apply the same first to the payment of the cost of the improvements before using any part of the total of the same for any purpose. 19. This Easement shall run with the land and shall be binding upon the parties thereto, their successors and assigns for the time period set forth in Section 6 above. 20. This Easement shall be subject and subordinate to the lien of any mortgage obtained by the Grantor for the construction of infrastructure improvements, provided, however, that this Easement shall survive a foreclosure by the construction lender if such lender obtains a qualified substitute for the Developer and the County agrees to fund such substitute developer in place of the Developer. 21. In the event of a breach of any covenant contained in this Easement, the Grantor and/or Investor Member shall have thirty (30) days written notice and cure period to correct the breach. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 6of10 IN WITNESS WHEREOF, the Grantor and Grantee have duly executed this Easement, as of the date first above written. GRANTOR DEVELOPER Conifer, LLC By: Conife Realty, LLC By: Name: Lisa M. aseman Title: Regional Vice President FEE OWNER Vineyard View Housing Development Fund Company,Inc. By: Community Development Corporation of Long Island, Inc. By: Name: Gwen O'Shea Title: President and Chief Executive Officer BENEFICIAL OWNER Vineyard View, LLC By: Vineyard View Managing Member, LLC By: Conifer ealty, LLC By: Name: Lisa M. Kfiseman Title: Regional Vice President GRANT County o ffolk By: Name: Dennis M. Cohen Title: Chief Deputy County Executive APPROVED: APPROV AS TO FORM: DEPARTMENT EC OMIC DENNI . BROWN, DEVELOPM A PLANNING SUFF L COUN YI'I O Y By: By: Na e: n ma Na e• obert A. Braun Tit irector of ea Estate Titl . Assistant County Attorney 7of10 ACKNOWLEDGEMENTS STATE OF NEW YORK } ss.: COUNTY OF M 0 N R oL ) On the 44day of April, 2019 before me, the undersigned, personally appeared LISA M. KASEMAN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. /J'P r*& �6 /1 1 - tgnature and Office of Individual Taking Acknowledgment STATE OF NEW YORK ) ANDREA M. DECASTRO Notary Public,State of New York ss.: Qualified in Monroe County i q COUNTY OF ) Reg.No.OIDE6173443 Commission Expires August 27,2081, On the day of April, 2019 before me, the undersigned, personally appeared GWEN O'SHEA, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of Individual Taking Acknowledgment STATE OF NEW YORK ) 5s.. COUNTY OF SUFFOLK ) On the A I day of April, 2019 before me, the undersigned, personally appeared DENNIS M. COHEN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. 1 NICOEE DUCKHAM Signature and Office of Individual :Notary Public,State of NewYork Taking Acknowledgment No.010630991 oualified In Suffolk CountyCssion Expires August 18 8,2I?,,.� 8of10 IN WITNESS WHEREOF, the Grantor and Grantee have duly executed this Easement, as of the date first above written. GRANTOR DEVELOPER Conifer,LLC By: Conifer Realty, LLC By: Name: Lisa M. Kaseman Title: Regional Vice President FEE OWNER Vineyard View Housing Development Fund Company, Inc. By: Co nit velopment Corporation of Long Island, Inc. By: Name: Gwen O'S a Title: President and Chief Executive Officer BENEFICIAL OWNER Vineyard View,LLC By: Vineyard View Managing Member, LLC By: Conifer Realty, LLC By: Name: Lisa M. Kaseman Title: Regional Vice President GRANTEE County of Suffolk By: Name: Dennis M. Cohen Title: Chief Deputy County Executive APPROVED: APPROVED AS TO FORM: DEPARTMENT OF ECONOMIC DENNIS M. BROWN, DEVELOPMENT AND PLANNING SUFFOLK COUNTY ATTORNEY By: By: Name: Jason Smagin Name: Robert A. Braun Title: Director of Real Estate Title: Assistant County Attorney 7 of 10 ACKNOWLEDGEMENTS STATE OF NEW YORK ) ) ss.. COUNTY OF } On the day of April, 2019 before me, the undersigned, personally appeared LISA M. KASEMAN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of Individual Taking Acknowledgment STATE OF NEW YORK ) L ) ss.: COUNTY OF Su'[":Q I k ) On the day of April, 2019 before me,the undersigned, personally appeared GWEN O'SHEA, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. —NN HEi4 Signature and Office of Individuqi ��30 o+. NOTARY pUSLIC. Taking Acknowledgment o�ASSAu IN COUNTY . STATE OF NEW YORK F ss.: ♦♦�#t lis%�♦ COUNTY OF SUFFOLK ) On the day of April, 2019 before me, the undersigned, personally appeared DENNIS M. COHEN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of Individual Taking Acknowledgment 8 of 10 Schedule A Premises All that certain plot, piece or parcel of land,with the buildings and improvements thereon erected,situate, lying and being near the Village of Greenport in the Town of Southold,County of Suffolk, State of New York and being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of the North Road,at the northeasterly corner of the land of the Village of Greenport and being the northwesterly corner of land of Stephen Sledjeski; thence along the southerly side of North Road as the same curves,43.85 feet; thence along the southerly side of North Road, North 61 degrees 23 minutes 20 seconds East,393.50 feet; thence continuing along the southerly side of North Road,58 degrees 46 minutes 30 seconds East,352.38 feet to the land now or formerly of F.L.R. Francisco Estate; thence southerly along said last mentioned land South 23 degrees 34 minutes 20 seconds East,427.38 feet; thence continuing along said last mentioned land South 21 degrees 23 minutes 30 seconds East, 106.0 feet to land of the Village of Greenport; thence along the land of the Village of Greenport the following 6 courses and distances: (1) South 23 degrees 49 minutes West,241.26 feet; (2) South 5 degrees 08 minutes 30 seconds West, 671.42 feet; (3) North 68 degrees 42 minutes 10 seconds West,432.43 feet; (4) North 22 degrees 18 minutes West,564.52 feet; (5) South 72 degrees 41 minutes 10 seconds West, 119.90 feet; (6) North 0 degrees 53 minutes 30 seconds West,343.58 feet to the southerly side of the North Road at the point or place of beginning. Said premises has been more recently described on an ALTA/NSPS Land Title Survey made by Tamara L. Stillman,P.L.S. of L.K. McLean Associates,P.C. on February 1,2018,last revised March 29,2019, under Project No. 17106.000,and described therein as: All that certain plot, piece,or parcel of land,situate, lying and being in the Township of Southold,County of Suffolk, State of New York,said property being more particularly bounded and described as follows: Beginning at a point formed by the intersection of the southerly boundary line of North Road (C.R. 48) with the municipal boundary line between the Town of Southold,on the east, and the Village of Greenport, on the west; Thence, from said point of beginning,along said southerly boundary line of North Road (C.R. 48) the following three (3) courses and distances: 1. Northeasterly,along the arc of curve to the right having a radius of 1,399.39 feet and an are length of 43.85 feet to a point of tangency; thence 2. North 61123'20" East,a distance of 393.50 feet to a point; thence 3. North 58046'30" East,a distance of 352.38 feet to a point on the westerly boundary line of land now or formerly of Samir Attia and Jila Sharif; Thence,along said westerly boundary line the following two(2)courses and distances: 1. South 23°34'20" East,a distance of 427.38 feet to a point; thence 2. South 21023'30" East,a distance of 106.00 feet to a point on the first mentioned municipal boundary line between the Town of Southold,on the north,and the Village of Greenport,on the south; Thence, along said municipal boundary line the following six(6)courses and distances: 1. South 23°49'00"West,a distance of 241.26 feet to a point; thence 2. South 5°08'30"West,a distance of 671.42 feet to a point; thence 3. North 68142'10"West,a distance of 432.43 feet to a point; thence 4. North 22°18'00"West,a distance of 564.52 feet to a point; thence S. South 72141'10"West,a distance of 119.90 feet to a point; thence 6. North 0°53'30"West,a distance of 343.51 feet(343.58 feet deed) to the point or place of beginning. SCHEDULE B Infrastructure Improvements Infrastructure improvements shall include but not be limited to roads, parking, sewers, sidewalks, street lighting and appurtenant landscaping. 10 of 10