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Home My WebLink AboutL 13015 P 108 l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l i i l i l l l I I I I I I I I I I I I SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: AGREEMENT Recorded: 06/11/2019 Number of Pages : 7 At: 04 : 30 : 04 PM Receipt Number : 19-0110534 TRANSFER TAX NUMBER: 18-34690 LIBER: D00013015 PAGE : 108 District: Section: Block: Lot: 1000 056 . 00 06 . 00 003 . 004 MORTGAGE TAX NUMBER: DKO07937 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35 .00 NO Handling $20 . 00 NO COE $5 .00 NO NYS SRCHG $15 .00 NO Affidavit $0 . 00 NO TP-584 $10 . 00 NO Notation $0 . 00 NO Cert.Copies $0 . 00 NO RPT $600 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Mort.Basic $0 . 00 NO Mort.Addl $0 . 00 NO Mort. SplAddl $0 . 00 NO Mort. SplAsst $0 . 00 NO Fees Paid $685 . 00 TRANSFER TAX NUMBER: 18-34690 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County T RECORDED 2019 ,lure 11 04:30:04 Pig Number of pages JUDITH A. PA_CALE CLERK OF SUFFOLK COUI4TY This document will be public L D00017015 P 103 record. Please remove all DKO07937 Social Security Numbers DT# 18--34590 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 3 1 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 lU Sub Total Notation Spec./Assit. or EA-52 17(County) SubTotal�� Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. Held forAppointment Comm.of Ed. 5. 00 Transfer Tax Affidavit + , Mansion Tax 17 The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15, 00 Ofamily dwelling only. Sub Total 7i YES or NO Other ` Grand Total �(' � If NO, see appropriate tax clause on page k of this *--511-7 -- 4 - " ^" na nn Lot 003.004 5 Community Preservation Fund 3879819 —�7+�, ,,�� Real Propei c.� amu.� Consideration Amount$ Tax Service PTS jjj�11111111111 Agency R DTY A CPF Tax Due $ ,•�� Verificatio 30-MAY-1 Improved Satisfactions/Discharges/Releases Ligt Propperty uwneib-,v......W,ddress 6 RECORD&RETURNT0: Vacant Land Vincent A.Albanese, Esq. TD XCd Albanese&Albanese LLP 1050 Franklin Avenue TD Garden City, NY 11530 TD Mail to:Judith A. Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name First American Title Insurance Company www.suffolkcountyny.gov/clerk Title# 3019-941735 8 Suffolk County Recording & Endorsement Page This page forms part of the attached ��Y1/lOfana�M A��>°P M�✓1� made by: (SPECIFY TYPE OFINSTRUM �((Q 00 M G(i A ?,j)AC+ LLC The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold PO4 In1, -:150 L, In the VILLAGE or HAMLET of Southold BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over p S R DTY A Stat ID: 3879819 30-MAY-19 Tax Maps District Secton Block Lot School District 1000 05600 0600 003004 SOUTHOLD 1000 05600 0600 004000 SOUTHOLD 1000 05600 0600 006001 SOUTHOLD .r r fr. r � a' .J � _ _ r qi BLOCS, !,OT ` ULSTrt.��T S�C� _Ori , - ff l 01 Iolo lq iV II 11 01) 0 - uoEo: =o :o SOT DISTRICT SECTION BLOCK � T - p � o v Io IO '+O CU IC) k.fo Oj4 � f a L�p LOT DISTRICT _ - - - 5ECTI014 DISTRICT SECTION BLOCK LOT E:= EE= LOT DISTRICT SECTION BLOCK -� E: DISTRICT SECTIO14 BLOCK LOT DISTRICT SECTION BLOCK LCT E= r , LOT DISTRICT SECTION El= _.._._.. ..... LOT DISTRI - BLOC!{ DISTRICT SECTION BLOCK LOT LOT DISTRICT SECTION. BLOCK 3019 - co 000 S� U5{fl,UUU t p(v,00 Uo3, o0q, 00q , 00a, MEMORANDUM OF AGREEMENT 0 U to, D0 I Memorandum of Agreement made this 25" day of April, 2019, by and between 61600 MAIN ROAD LLC, 61600 Main Road, Southold, NY 11971 ("61600 LLC"), and PORT OF EGYPT ENTERPRISES, INC., 62300 Main Road, Southold,NY 11971 ("POE"). WHEREAS, POE owns premises at 62300 Main Road, Southold, New York that operates as a marina(the "POE Premises"), also known as District 1000, Section 56, Block 6, Lots 4 and 6.1 and as more fully described on Schedule A attached hereto; and WHEREAS, 61600 LLC owns premises at 61600 Main Road, Southold, New York that adjoins the POE Premises (the "61600 Premises"), also known as District 1000, Section 56, Block 6,. Lot 3.4 and as more fully described on Schedule B attached hereto; and WHEREAS, POE and C & L Realty Inc., the former owner of the 61600 Premises (the y V'nrecor4Cd "Former Owner"), entered into an Owner Occupied Power Purchase Agreement dated December 10, 2015 (the "PPA") with Neighborhood Power Corporation, and its successors and assigns (the "System Owner") and 61600 LLC has succeeded to the rights and obligations of the Former Owner under the V Unrecorded PPA pursuant to a certain Assignment and Consent dated April, 2019; and WHEREAS, the PPA, among other provisions, granted the System Owner a license to enter upon, and to install and maintain its personal property, upon the respective premises of 61600 LLC and POE for the purpose of solar power generation for the benefit of the POE Premises and 61600 Premises (the "System"). PLEASE TAKE NOTICE, that POE and 61600 LLC are together known as the Host under the terms of the PPA and by recording this instrument provide notice to any transferee or grantee of POE or 61600 LLC, and to any person or entity who acquires POE or 61600 LLC, that such grantee, transferee or acquiror will be subject to and bound by the terms of the PPA and by the agreements entered into by POE and 61600 LLC, as the successor to the Former Owner, with respect to their respective rights and obligations under the PPA and to each other with the same force and effect as if such grantee, transferee or acquiror was originally named as a party therein including, but not limited v u(-%rccnfoed. to, the provisions of paragraph 4 of an Amendment to Contract of Sale dated on or about April 15, 2019 (the "Contract Amendment") entered into by POE, Former Owner and 61600 LLC, which provisions provide for, among other things, that POE and 61600 LLC will be responsible for its respective portion of the electricity generated by the System and that the allocation of the purchase price for the System at the time POE and 61600 LLC exercise an option to purchase the System, or 1 such other time as the System is purchased from the System Owner, in accordance with the terms of the PPA will be 14% to 61600 LLC and 86% to POE as may be subsequently adjusted pursuant to the terms of the Contract Amendment. IN WITNESS WHEREOF, this instrument has been signed as of the date first above written. 61600 R LLC By: J athan ibett, Member POR OF EG T EN S, INC. By: William Lieblein, President STATE OF NEW YORK ) :ss COUNTY OF NASSAU ) On the 25`h day of April, in the year 2019, before me, the undersigned, personally appeared William Lieblein, 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 person upon behalf of which the individual acted, executed the instrument. .01 Notary MARY C REGAN NOTARY PUBLIC STATE OF NEW YORK NASSAU COUNTY STATE OF NEW YORK ) :ss LIC.#02 Efi p 39562 COUNTY OF NASSAU ) COMM.EXP.=g�On the 251h day of April, in the year 2019, before me, the undersigned, personally appeared Jonathan Tibett, 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 person upon behalf of which the individual acted, executed the instrument. Notary Public MARY C REGAN NOTARY PUBLIC STATE OF NEW YORK NASSAU COUNTY LIC.# 039562 COMM.EXP. -3 zoz-z 2 Memorandum of Agreement made this 25`h day of April, 2019, by and between 61600 MAIN ROAD LLC and PORT OF EGYPT ENTERPRISES, INC. J Record and Return to: Vincent Albanese, Esq. Albanese &Albanese, LLP 1050 Franklin Avenue, 5`h Floor Garden City,NY 11530 -gud 4n4n 44 Lob], Es Schwart alomon, P.C. 225 B dway, 'te 4200 N ork, NY 1000 _ 4 3 a M IK it Title No. 3019-941735 AMENDED 04/04/2019 (rb) 4/25/2019 (amu) SCHEDULE "A" SAID PREMISES IS MORE ACCURATELY DESCRIBED AS SURVEYED: BEGINNING AT A PONT ON THE SOUTHEASTERLY SIDE OF MAIN ROAD (S.R. 25) DISTANT 48.92 FEET WESTERLY AS MEASURED ALONG THE SOUTHEASTERLY SIDE OF MAIN ROAD (S.R. 25) FROM THE CORNER FORMED BY THE INTERSECTION OF THE SOUTHEASTERLY SIDE OF MAIN ROAD (S.R. 25) WITH THE SOUTHERLY SIDE OF OLD MAIN ROAD; RUNNING THENCE SOUTH 190 41' 00" EAST 469.81 FEET TO A BULKHEAD ALONG BUDD'S POND; THENCE THE FOLLOWING 3 COURSES AND DISTANCES ALONG A BULKHEAD ALONG BUDD'S POND: (1) SOUTH 70°41' 15" WEST 94.75 FEET; (2) NORTH 170 25' 20" WEST 98.73 FEET; (3) SOUTH 71° 20' 30" WEST 65.80 FEET; THENCE SOUTH 410 10' 15"WEST ALONG A TIE LINE ALONG BUDD'S POND 32.94 FEET; THENCE NORTH 230 30' 00"WEST 43.25 FEET; THENCE NORTH 210 35' 00"WEST 118.00 FEET THENCE NORTH 270 51' 20"WEST 196.25 FEET TO THE SOUTHERLY SIDE OF MAIN ROAD (S.R. 25); THENCE NORTH 580 31' 00" EAST ALONG THE SOUTHEASTERLY SIDE OF MAIN ROAD (S.R. 25) 133.28 FEET; THENCE NORTH 680 31'00" EAST STILL ALONG THE SOUTHEASTERLY SIDE OF MAIN ROAD (S.R. 25) 89.68 FEET TO THE POINT OR PLACE OF BEGINNING. THE policy to be issued under this report will insure the title to such buildings and improvements erected on the premises, which by law constitute real property. FOR CONVEYANCING ONLY:TOGETHER with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. Schedule A to Memorandum of Agreement District 1000, Section 56,Block 6, Lots 4 and 6.1 ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNFNG at'-a point on'the southeasterly side,of Main Road (S.R. 25) distant 48.92 feet westerly as measured along- the southeasterly side of Main Road (S.R. 25) from the corner formed by the intersection of the southeasterly side of Main Road (S.R. 25) with the southerly side of Old Main Road; RUNNING THENCE north 68 degrees 31 minutes 00 seconds east along the southeasterly side of Main Road (S.R. 25). 48.92 feet; THENCE north 87 degrees 38 minutes 30 seconds east along the southerly side of Old Main Road 556.37 feet; THENCE south 26 degrees 47 minutes 00 seconds east 413.12 feet to a.bulkhead line'along Budd's Pond; THENCE westerly partly along a bulkhead and partly along Budd's Pond the following 7 courses and distances:' 1. South 65 degrees 46 minutes 30 seconds west along a bulkhead 110.39 feet; 2. South 84 degrees 14 minutes 10 seconds west.tie line of 46.84 feet to a bulkhead; 3. South 53 degrees 51 minutes 05 seconds west tie line of 163.53 feet to a bulkhead; 4. South 63 degrees 11 minutes 45 seconds west along a bulkhead 147.26 feet; 5. North 60 degrees 28 minutes 30 seconds west still along a bulkhead 92.15 feet; 6. THENCE north 61 degrees 28 minutes 00 seconds west along said bulkhead 110.87 flet; 7. THENCE north 89 degrees 45 minutes west tie line of 40.99 feet; .THENCE north 19 degrees 41 minutes 00 seconds west 469.81 feet to the southerly side of Main Road (S.R. 25) and the point or place of BEGINNING.