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HomeMy WebLinkAboutGriffing Street 2019 STATE OF NEW YORK )SS: COUNTY OF SUFFOLK JEFFREY T. STANDISH,Executive Assistant of the Town of Southold,New York being duly sworn, says the road closing to the public of the privately-owned passageway located along the eastern property line boundary of SCTM#1000-102-05-3,4,&9.6, at Main Road and Griffing Street, Cutchogue,New York 11935, for approximately twelve(12)feet to the property or land now or formerly known as Old Town Arts &Crafts, did occur and was closed to the public for a period of twenty-four(24) consecutive hours from 8:00 A.M. July 23,2018 until 8:OOA.M. July 24 019. Dated: July 25, 2019 J ELIZABETH ANN NEVILLE Jeffrey T. Standish Notary Public-State of New York Executive Assistant No. 01 NE8125850 Town of Southold Qualified in Suffolk County Term Expires October 31,20A Sworn before me this ,1�6_day of 2019 NotarOyP b I i c Neville, Elizabeth From: Neville, Elizabeth Sent: Wednesday,July 24, 2019 12:25 PM To: Standish,Jeff Cc: Born, Sabrina; Doroski, Bonnie; Rudder, Lynda; Smith,Jennifer Subject: Emailing:AFFIDAVIT of Road Closing Attachments: AFFIDAVIT of Road Closing.docx Jeff, I have prepared the "Affidavit of Closing" for Griffing Street/Old Town Arts&Crafts. Tomorrow after 8:00 A.M. you can bring it down to my office and swear to and sign your signature in front of either myself or one of the notary publics and leave it here for my file. Thanks Jeff. Betty Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: AFFIDAVIT of Road Closing Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. RESOLUTION 2019-598 ADOPTED DOC ID: 15376 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-598 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 2, 2019: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to publish a Legal Notice in the Suffolk Times newspaper, giving notice that a Privately-owned passageway located along the easterly property line boundary of SCTM#1000-102-05-3, 4 & 9.6, at Main Road and Griffing Street, Cutchogue,New York, for approximately twelve (12) feet to the property or land now or formally known as Old Town Art& Crafts,will be closed to the public for a period of 24 consecutive hours beginning July 23,2019 at 8AM until July 24,2019yyat 8AM. 9 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Jill Doherty,,Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Y\ fa't t #0002373860 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Kimberly Gersic of Mattituck,in said county,being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES ,a weekly newspaper,published at Mattituck,in the Town of Southold,County of Suffolk and State of New York,and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 07/11/2019 . Principal Clerk Sworn to before me this I day of 200 RISTINAVOw.SKi NOTARY PUBLIC-STATE Or NEW YORK No 01V06105050 Qualified in sutfolk county my Commission Expires Februory 26,2020 TYPEii?E Tue Jul 09 10.59:38 EDT 2019 LEGAL NOTICE NOTICE IS BEREBY GIVEN that the privately-owned passageway located along the eastern property line boundary of SCTM #1000-102-05-3,4&9 6,at Main Road and Gaffing Street,Cutchogue,New York 11935, for approximately twelve (12) feet to the property or land now or formerly known as Old Town Arts&Crafts,will be closed to the public for a period of 24 consecutive hours beginning July 23,2019 at 8:00 a in until July 24,2019 at 8.00 a.m Dated.July 2,2019 BY ORDER OF THE TOWN BOARD TOWN OF SOUTHOLD Elizabeth A Neville,Town Clerk 2373860 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 8th day of , Jul , 2019, a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York,to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York. Re: Closing of privately owned passageway located between Cutchogue Municipal Parking Lot and Old Town Arts & Crafts for a 24 hour period. Elizabeth A. Neville Southold Town Clerk. Sworn before in is (� day of 2019 tary Public LYNDA M. RUDDER Notary Public, State of New York No.01 RUB020932 Qualified in Suffolk County 2 Commission Expires March 8,20x.3 LEGAL NOTICE NOTICE IS HEREBY GIVEN that the privately-owned passageway located along the eastern property line boundary of SCTM#1000-102-05-3, 4 & 9.6, at Main Road and Griffing Street, Cutchogue, New York 11935, for approximately twelve (12)feet to the property or land now or formerly known as Old Town Arts & Crafts, will be closed to the public for a period of 24 consecutive hours beginning July 23, 2019 at 8:00 a.m. until July 24, 2019 at 8:00 a.m. Dated: July 2, 2019 BY ORDER OF THE TOWN BOARD TOWN OF SOUTHOLD Elizabeth A. Neville, Town Clerk \ PLEASE PUBLISH IN THE "LEGAL NOTICE" SECTION OF YOUR NEWSPAPER ON JULY 11, 2019 AND FORWARD ONE (1) AFFIDAVIT OR PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD,NY 11971 Copies to the following: The Suffolk Times Town Board Members Town Attorney Accounting Town Clerk's Bulletin Bd Highway Police Dept DPW Al Terp Town Website r - Neville, Elizabeth From: Reisenberg, Lloyd Sent: Tuesday,July 09, 2019 8:35 AM To: Neville, Elizabeth Subject: RE: Emailing: LEGAL NOTICE Cutchogue parking lot closing All set Betty. Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York www.southoldtownny.gov Iloydr@southoldtownny.gov 0: 631-765-18911 M:631-879-1554 F: 631-765-5178 CONFIDENTIALITY NOTICE:This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. -----Original Message From: Neville, Elizabeth Sent: Monday,July 08, 2019 1:33 PM To: 'legals@timesreview.com'<legals@timesreview.com>; Doherty,Jill<jill.doherty@town.southold.nv.us>; Doroski, Bonnie<Bonnie.Doroski@town.southold.ny.us>; Duffy, Bill<billd@southoldtownny.gov>; Ghosio, Bob <bob.ghosio@town.southold.nv.us>; Hagan, Damon<damonh@southoldtownny.gov>;Jim Dinizio <lim@iamesdinizio.com>;Standish, Lauren<Lauren.Standish@town.southold.nv.us>; Louisa Evans <Ipevans06390@gmail.com>; Neville, Elizabeth<E.Neville@town.southold.nv.us>; Norklun, Stacey <Stacey.Norklun@town.southold.ny.us>; Noncarrow, Denis<denisn@southoldtownny.Rov>; Rudder, Lynda <Ivnda.rudder@town.southold.nv.us>; Russell, Scott<scottr@southoldtownnv.eov>;Silleck, Mary <marvs@town.southold.nv.us>;Tomaszewski, Michelle<michellet@town.southold.nv.us>; William Ruland <rulandfarm@vahoo.com>; 'Lisa Finn (lisaahfinn@gmail.com)' <lisaahfinn@gmail.com>; Michaelis,Jessica <iessicam@southoldtownnv.gov>; Reisenberg, Lloyd<Lloyd.Reisenberg@town.southold.ny.us>; 'denise@southoldlocal.com' <denise@southoldlocal.com>; Lanza, Heather<heather.lanza@town.southold.nv.us>; Terry, Mark<mark.terry@town.southold.nv.us> Subject: Emailing: LEGAL NOTICE Cutchogue parking lot closing Please publish in the July 11, 2019 edition of your newspaper and on the town website. Thank you. Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with:the following file or link attachments: LEGAL NOTICE 1 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 2 LEGAL NOTICE NOTICE IS HEREBY GIVEN that the privately-owned passageway located along the eastern property line boundary of SCTM#1000-102-05-3, 4 & 9.6, at Main Road and Griffing Street, Cutchogue,New York 11935, for approximately twelve (12) feet to the property or land now or formerly known as Old Town Arts & Crafts,will be closed to the public for a period of 24 consecutive hours beginning July 23, 2019 at 8:00 a.m. until July 24, 2019 at 8:00 a.m. Dated: July 2, 2019 BY ORDER OF THE TOWN BOARD TOWN OF SOUTHOLD Elizabeth A. Neville, Town Clerk PLEASE PUBLISH IN THE "LEGAL NOTICE" SECTION OF YOUR NEWSPAPER ON JULY 11, 2019 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD,NY 11971 Copies to the following: The Suffolk Times Town Board Members Town Attorney Accounting Town Clerk's Bulletin Bd Highway Police Dept DPW Al Terp Town Website Neville, Elizabeth From: Neville, Elizabeth Sent: Monday,July 08, 2019 1:33 PM To: 'legals@timesreview.com'; Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;Jim Dinizio; Standish, Lauren; Louisa Evans;.Neville, Elizabeth; Norklun, Stacey; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle; William Ruland; 'Lisa Finn (lisaahfinn@gmail.com)'; Michaelis,Jessica; Reisenberg, Lloyd; 'denise@southoldloca'Lcom'; Lanza, Heather;Terry, Mark Subject: Emailing: LEGAL NOTICE Cutchogue parking lot closing Attachments: LEGAL NOTICE.docx Please publish in the July 11, 2019 edition of your newspaper and on the town website. Thank you. Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: LEGAL NOTICE Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 Neville, Elizabeth From: Neville, Elizabeth Sent: Friday,June 28, 2019 1:35 PM To: Foote, Nancy Subject: RE:Terps OK, thank you Nancy. Betty From: Foote, Nancy Sent: Friday, June 28, 2019 1:17 PM To: Neville, Elizabeth Subject: Terps Terps parking lot closing scheduled for 8AM July 23 to 8AM July 24 is okay with Jeff. I will let Aaron know. Thank you Nancy 1 ARTICLE III- COMMON AND EXTERIOR ADJACENT AREAS SECTION 3.01 - Control of Common Areas by Owner All common areas, driveways, sidewalks and other facilities and improvements contiguous to the parking lot are furnished by Owner for the benefit of his other Tenants. For the purposes of this Agreement, "common areas" are defined and delineated as all areas of the premises which are constituted by brick, mortar, concrete, stone, asphalt, grass and/ or earthen areas and specifically all areas which are not constituted by the paved municipal parking lot area. For the general use in common, Tenants, their agents, employees and utilizers of the parking facilities shall at all times be subject to the exclusive management of Owner and Owner shall have the right from time to time to establish,modify and enforce reasonable rules and regulations with respect to all such facilities and areas. Owner shall have the right to: L Close all or any portion of such areas or facilities to such extent as shall be ent to prevent a dedication thereof or the accnial of any rights to any person public therein. With respect to an existing easement, no permanent parking ill be installed so as to inhibit or impede passage upon said easement by an or vehicular traffic along the eastern property line boundary for imately twelve (12) feet to the property or land now or formerly known as wn Arts & Crafts. The Town shall be responsible for taking all necessary r closing this easement for a period of 24 consecutive hours once per year ing all necessary publication). Copies of all relevant documents and shall be provided to the Owner on a yearly basis. B) Do and perform such other acts in and to such areas and improvements as, in the use of good business judgment, Owner shall determine to be advisable with a view to the improvement of the convenience and use thereof by his other Tenants, their agents, employees and customers without interfering with public access and egress to the parking lot from Route 25 and Griffing Street. Owner will operate and maintain the common facilities referred to above in such a manner as Owner, in its sole discretion shall determine from time to time. ARTICLE IV-MAINTENANCE OF DEMISED PREMISES SECTION 4.01 -Maintenance by Tenant Tenant, at its own cost and expense, shall maintain the demised premises in good' repair and physical condition with a pleasant cosmetic appearance, including but not limited to painting, signage, markings,waste removal, sanitation, sweeping, snow removal and re-paving in a presentable condition. Tenant shall not be permitted to post or place any sign which obstructs or impairs the view of pedestrians or vehicles of the adjacent and contiguous property of the 4 �-r �86FF0L,^ RESOLUTION 2010-280 yM� 4aa ADOPTED DOC ID: 5825 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-280 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 6,2010: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to publish a Legal Notice in the Suffolk Times newspaper, giving notice that a privately-owned passageway located along the easterly property line boundary of SCTM#1000-102-05-3, 4 & 9.6, at Main Road and Griffing Street, Cutchogue,New York, for approximately twelve (12) feet to the property or land now or formally known as Old Town Art& Crafts,will be closed to the public for a period of 24 consecutive hours beginning April 21, 2010 at 8AM until April 22, 2010 at 8AM. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Vincent M. Orlando, Councilman •AYI�,S: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell 1 Page 1 of 2 Neville, Elizabeth From: Corcoran, Kieran Sent: Monday, March 12, 2007 2.20 PM To: Neville, Elizabeth; Finnegan, Patricia Cc: Krauza, Lynne, McMahon, James Subject: RE: Cutchogue Parking Lot We will prepare a notice for publication, likely to go in next week's paper While there is no specific time period prior to closure that I'm aware of, I think ten days is order. Jim, please let me now what day of the first week in April you'd like to close it. That means it should be closed the end of business the night before. Kieran -----Original Message----- From: Neville, Elizabeth Sent: Monday, March 12, 2007 1:53 PM To: Finnegan, Patricia; Corcoran, Kieran Cc: Krauza, Lynne Subject: Cutchogue Parking Lot To: Town Attorney Patricia Finnigan From: Town Clerk Elizabeth Neville Re: Terp Lease for Cutchogue Parking Lot Date: March 12, 2007 Mr. Alfred Terp called my office in November 2006 inquiring about the closing of an easement adjacent to the east side of the Cutchogue parking lot in accordance with his lease. The lease agreement was executed in 2004 for the parking lot. Page 4 of the lease references Article III, Section 3.01, Subsection A)—Control of Common Areas by Owner. According to this, the town is responsible for taking all necessary steps for closing this easement for a period of 24 consecutive hours once per year(including all necessary publication). I told him that in the past the Highway Department was responsible for closing private roads and easements by placing a barrier over the road together with a notice. I am not aware whether or not there has ever been a legal notice publication for these road closings in the past. I sent a memorandum to Superintendent of Highways Peter Harris. Mr. Harris never replied to my memo. Mr. Terp called again to say that he went to the Highway Department and was referred to Jim McMahon, Director of the Department of Public Works. Apparently, this duty has been transferred to Mr. McMahon under Public Works. I believe Jim McMahon has contacted the Town Attorney's Office regarding this matter. 3/12/2007 Page 2 of 2 My question is "whose responsibility is it to publish this legal notice"? Is it the Town Clerk's responsibility? If so, I would like to get this matter taken care of in an expeditious manner. Mr. McMahon told me that he is waiting to hear from your office so that he can place a barrier over the easement and post it with the publication notice. It has been over three (3) months since Mr. Terp's inquiry. I would like to see this taken care of in a prompt efficient manner. Please advise me of your determination. Thank you. 3/12/2007 7 y 0 � AGREEMENT OF LEASE AGREEMENT OF LEASE made this day of May, 2003, by and between DR. ALFRED J. TERP, JR. and MARIE TERP, having an address at 15421 Peach Leaf Lane, Gaithersburg, Maryland 20878, hereinafter referred to as "Owner" or "Landlord" and THE TOWN OF SOUTHOLD, a municipality, having an address at Town Hall, 53095 Main Road, Southold,New York 11971, hereinafter referred to as "Tenant". WITNESSETH: IT IS MUTUALLY COVENANTED AND AGREED by and between the Landlord and Tenant that this lease is made upon the foregoing and upon the following terms, covenants and conditions, and Landlord and Tenant hereby mutually covenant and agree to perform each and every one of the terms, covenants and conditions of this lease, and of all schedules and riders hereto annexed on their respective parts, as well as comply with the terms and conditions of improvements pursuant to the Plan annexed hereto as Exhibit "A," which each party hereto has signed and dated and said approved-upon Plan is hereby incorporated by reference herein and said approval shall be material and a condition precedent to the terms of this lease. ARTICLE I-PREMISES SECTION 1.01 -Leased Premises In consideration of the rents, covenants and agreements hereinafter set forth, Owner hereby leases to Tenant, and Tenant rents from Owner, that certain parcel and/ or premises known as Suffolk County Tax Map # 1000-102-05, Parcel(s) # 03, 04 & 9.6, at Main Road, Cutchogue, N.Y. 11935, which premises consists of unimproved parking area(s) containing a gross area of approximately 38,250 square feet contained in separate lot designations (as per Plan and survey with metes and bounds description annexed hereto as Exhibit "A!), herein collectively called "Leased Premises." The parties agree that the Tenant is responsible for all costs of said survey, as well as solely liable for the accuracy of metes and bounds described therein. The above grant is subject to all zoning and building regulations, local, state, municipal and federal regulations and any amendments thereto, affecting the premises now or hereafter in force; to any state of facts an accurate survey may disclose; to covenants, easements, agreements and restrictions of record, if any, provided same do not prohibit the maintenance of an improved, paved public parking lot and to,any state of facts a personal inspection of the premises might reveal. 1 ARTICLE lI-UTILIZATION OF PREMISES SECTION 2.01 -Use of Premises and Additional Areas of Premises The Tenant shall use the Leased Premises solely for the purpose of establishing and maintaining and conducting a public parking lot and for no other purpose. Notwithstanding anything contained herein to the contrary, Tenant agrees that it shall not, at any time, use or permit to be used,the sidewalk adjacent to the parking and common areas, or any other space outside the leased premises, for parking, display, storage or any other similar undertaking. SECTION 2.02 - Continuing Conditions Precedent to Lease It shall be a continuing condition precedent to this LEASE, that Tenant shall not erect or cause to be erected or have placed upon the demised premises any structure, building, edifice, landscaping, planting, barriers, monuments, benches or seating without the express written permission of the Owner, except as provided for herein and congruous to the specifications as contained in Plan annexed as Exhibit "A." It shall be a continuing condition precedent to this LEASE, that Tenant shall not cause, suffer or permit any other activity at the demised location other than municipal public parking, including but not limited to the following prohibited activities: Town of Southold official vehicle parking for storage purposes, washing, storage and/ or maintenance of any vehicle or equipment of Tenant. Overnight parking shall be prohibited except in the following designated parking spaces: #48-53, located in northwest vicinity at the rear of the Post Office. It shall be a continuing condition precedent to this LEASE, that the Tenant shall not cause, suffer or permit at or upon the demised location any activity characterized or advertised as, including but not limited to, festivals, meetings, carnivals, street fairs, auctions, flea markets,public assembly,bus or mass transit commercial vehicular activity,whether for hire or provided to the public at no cost,without the prior express written permission of the Owner. It shall be a continuing condition precedent to this LEASE,that Tenant agrees to remove, within one hundred and twenty (120) days of the execution of this lease, the existing park as shown on a survey of Peconic Surveyors, dated 6/23/95, annexed hereto, leaving only a flagpole, monument, clock and plantings, so as not to exceed sixty(60) feet from the curbline as existing at Route 25 and extending northward along Griffing Street, and to install and maintain diagonal parking spaces adjoining the northeasterly side of Griffing Street substantially similar to how such spaces existed prior to the construction of said park area and congruous to the specifications as contained in Plan annexed hereto as Exhibit"A." SECTION 2.03 - Solicitation Tenant and Tenant's employees and agents shall not solicit in the parking or other common areas, nor shall Tenant distribute to the public therein or place any handbills or other 2 printed or written advertising matter on automobiles parked in the parking areas. Upon written notice by Owner, Tenant agrees to take all necessary steps, legal and equitable, to compel the discontinuance of said solicitation within ten(10) days of said notice. SECTION 2.04-Utilities Tenant shall throughout the term of this lease pay all and any utility charges for utilities used at the demised premises, including,but not limited to, electricity,water, etc. It is the understanding and intention of the parties hereto that Owner leases the demised premises to Tenant without any services of any kind. SECTION 2.05 -Municipal Permits and Licenses Tenant shall, at its own cost and expense and upon its own responsibility, apply for and obtain any necessary permits and other licenses for use, conduct and maintenance of the parking lot in the demised premises. Tenant shall also pay any fees in connection with any licenses or permits required by the local municipal authority for any construction, demolition, equipment or machinery at the demised premises. A. Tenant represents that all construction and improvements will be undertaken in a good workmanlike manner and will be completed in an expeditious continuous manner once undertaken. Tenant represents that access/ egress from said premises shall not be hindered or blocked for any more than a continuous forty-eight (48) hour period. The Tenant shall grant to Owner and his other tenants and/or employers special permits and/ or notification to enable them to utilize available on-street parking beyond the time limits imposed free of violations and/ or summons during the period of construction and/ or improvements. SECTION 2.06 -No Non-Permitted Uses or Purposes Tenant shall not occupy or use, permit or suffer the demised premises or any part thereof to be occupied or used for any other permissible use or purpose other than municipal parldng, nor in such a manner as to constitute a nuisance of any kind, nor for any purpose or in any way which constitutes a violation of any present or future laws, rules, requirements, orders, directions, ordinances or regulations of the United States of America, or of the state, county or city government, or other municipal, governmental or unlawful authority whatsoever. Tenant shall immediately, upon the discovery of any such non-permitted use, take all necessary steps, legal and equitable, to compel the discontinuance of such use and to oust and remove any occupants, or other persons guilty of such impermissible use. Tenant shall indemnify and hold harmless Landlord from and against any and all cost, expense, claim, loss, damage, liability, suit, fine or penalty, including reasonable counsel fees, arising out of or by reason of or on account of any violation of or default in the provisions of this Article by Tenant, Tenant's agents, employees,representatives and/or associates. 3 ARTICLE III-COMMON AND EXTERIOR ADJACENT AREAS SECTION 3.01 - Control of Common Areas by Owner All common areas, driveways, sidewalks and other facilities and improvements contiguous to the parking lot are furnished by Owner for the benefit of his other Tenants. For the Purposes of this Agreement, "common areas" are defined and delineated as all areas of the premises which are constituted by brick, mortar, concrete, stone, asphalt, grass and/ or earthen areas and specifically all areas which are not constituted by the paved municipal parking lot area. For the general use in common, Tenants, their agents, employees and utilizers of the parking facilities shall at all times be subject to the exclusive management of Owner and Owner shall have the right from time to time to establish,modify and enforce reasonable rules and regulations with respect to all such facilities and areas. Owner shall have the right to: A) Close all or any portion of such areas or facilities to such extent as shall be sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public therein. With respect to an existing easement, no permanent parking curbs will be installed so as to inhibit or impede passage upon said easement by pedestrian or vehicular traffic along the eastern property line boundary for approximately twelve (12) feet to the property or land now or formerly known as Old Town Arts & Crafts. The Town shall be responsible for taking all necessary steps for closing this easement for a period of 24 consecutive hours once per year (including all necessary publication). Copies of all relevant documents and notices shall be provided to the Owner on a yearly basis. B) Do and perform such other acts in and to such areas and improvements as, in the use of good business judgment, Owner shall determine to be advisable with a view to the improvement of the convenience and use thereof by his other Tenants, their agents, employees and customers without interfering with public access and egress to the parking lot from Route 25 and Griffing Street. Owner will operate and maintain the common facilities referred to above in such a manner as Owner,in its sole discretion shall determine from time to time. ARTICLE IV-MAINTENANCE OF DEMISED PREMISES SECTION 4.01 -Maintenance by Tenant Tenant, at its own cost and expense, shall maintain the demised premises in good repair and physical condition with a pleasant cosmetic appearance, including but not limited to painting, signage,markings,waste removal, sanitation, sweeping, snow removal and re-paving in a presentable condition. Tenant shall not be permitted to post or place any sign which obstructs or impairs the view of pedestrians or vehicles of the adjacent and contiguous property of the 4 Owner without the prior written approval of the Owner. Tenant shall erect five (5) security lighting fixtures with sufficient luminescence within the demised premises consistent with custom and usage in similar type public parking lots, and congruous to the specifications as contained in Plan annexed as Exhibit"A." In the event of the failure of the Tenant to generally comply with this regulation or any part thereof, Owner agrees to provide written notice of said failure and afford five (5) days to cure same. In the sole discretion of the Owner, should Tenant fail to cure same within said five (5) day period, the Owner may engage whatever services may be necessary to maintain the premises in a suitable degree of cleanliness and freedom from snow consistent with the standards of the maintenance of the Center and the terms herein, and that Tenant shall be responsible for all costs thereof. Tenant shall leave sufficient space within the demised premises, for the installation of, at the option of and in the area selected by the Owner as per the specifications as contained in Plan annexed as Exhibit "A," a metal container of the type supplied by carting companies for the purpose of accumulating garbage, i.e. a dumpster, for the sole use of Landlord, the Tenants of the shopping center and their patrons. ARTICLE V-ACCESS BY OWNER SECTION 5.01 -Easements Tenant shall permit Owner and/or its designees to erect, use, maintain and repair pipes, cables, conduits, plumbing, vents and wires, in, to and through the Demised Premises, as and to the extent that Owner may now or hereafter deem to be necessary or appropriate for the proper operation and maintenance of the buildings abutting, adjacent and contiguous to the location of the Demised Premises or any other portion of the property. All such work shall be done so far as practicable, in such manner as to avoid interference with Tenant's use of the Premises. Owner agrees to bear the costs of and be responsible for any and all re-paving, repair and/ or replacement of paved lot surface area demolished by any additions and/or improvements to the buildings abutting, adjacent and contiguous to the location of the Demised Premises or any other portion of the property actions undertaken by Owner pursuant to this paragraph. Tenant agrees to bear the costs of and be responsible for any and all other re-paving, repair and/ or replacement of paved lot surface area made necessary by deterioration, normal wear and tear or any other causes, natural or otherwise, not attributable to additions and/ or improvements to the buildings by Owner. Anything herein to the contrary notwithstanding, Tenant shall, at Tenants' own cost and expense, secure and pay for all repairs to foundation paving and drainage system and for all maintenance and services required by Tenant for the preservation of the demised premises,including,but not limited to, electricity, light,maintenance services, garbage and waste disposal and snow removal. Landlord shall have no obligation to furnish or perform any repairs, maintenance or services,including but not limited to those hereinbefore noted. 5 SECTION 5.02-Expansion Notwithstanding this Lease or anything to the contrary herein, Owner reserves the absolute right to extend the existing buildings on his real property as depicted by the shaded area in Exhibit A. Owner agrees that should said expansion take place, Tenant shall just compensation equal to the cost of the portion of the Demised Premises built and expanded upon by Owner. Said expansion shall not alter any of the existing rights and obligations of the parties to this Lease. If, as a result of said expansion, additional parking spaces designated solely for the benefit of the other tenants of the Owner are necessary, said spaces, in addition to the four (4) spaces allotted herein, shall be granted and designated at the rate of one (1) additional space per additional Tenant. ARTICLE VI-ENVIRONMENTAL REQUIREMENTS SECTION 6.01 -Environmental Compliance With respect to the demised premises, Tenant, at its sole cost and expense, shall fulfill, observe and comply with all of the terms and provisions of and shall cure all violations arising from all applicable governmental laws, rules,regulations, ordinances and/or requirements relating to air, ground and/or water pollution and protection and/or preservation of the environment, and all rules, regulations, ordinances, opinions, orders and directives issued or promulgated pursuant to or in connection with the Environmental Protection Agency, or any Department of Environmental conservation or any subdivision or bureau thereof or any other governmental or quasi-government agency, authority or body having jurisdiction over such matter. Without limiting the foregoing, Tenant agrees that it shall prepare, deliver and or file with the applicable governmental authorities, all forms, certificates, notices, documents, plans and other writings, and furnish all such other information as may be reasonably required or requested by any applicable governmental authority, in connection with compliance or curing of any applicable requirement related to the termination of this Lease, the sale or transfer of Tenant's Building and/or the Land. ARTICLE VII-INDEMNIFICATION SECTION 7.01 -Indemnification of Owner The Tenant shall defend, indemnify and hold Owner harmless from and against all liability, claims for bodily injury, death and property damage, as well as reasonable attorney fees, arising out of the negligent acts of Tenant incurred by Owner in connection with this Agreement or the performance of its duties hereunder, or between the Owner and any third party arising out of the negligent acts of the Tenant, except if such liability or expense is the result of the gross negligence of willful misconduct of Owner. 6 ARTICLE VIII-INSURANCE SECTION 8.01 -Liability Insurance Tenant and/or its subcontractors, agents or assigns, throughout the term of this Lease, shall, at its own cost and expense, obtain and maintain in full force and effect, a policy of general liability insurance having a limit of$5,000,000.00, from a financially responsible insurer licensed to do business in the State of New York. Said policy shall name Owner as an additional insured. Tenant shall deliver to the Owner a certificate of such insurance policy on or before the beginning of the term of this Lease. In the event of the failure of the Tenant to secure, maintain and pay for such policy and to provide a certificate thereof to Landlord, Landlord may, in Landlord's sole discretion, order such policy and the premium cost thereof shall be due from Tenant as additional rent hereunder or Landlord may elect to treat such failure as a default hereunder, in which case, Tenant agrees such default is a material default of the Lease. If there is any material damage to or destruction of the Demised Premises or any part thereof, Tenant promptly shall give written notice thereof to the Owner, generally describing the nature and extent of such damage or destruction. If there is any damage to or destruction of the Demised Premises or any part thereof, Tenant, at Tenant's expense whether or not the insurance proceeds, if any, on account of such damage or destruction shall be sufficient for the purpose, promptly shall commence and complete, subject to Unavoidable Delays, the restoration, replacement or rebuilding of the Demised Premises as nearly as possible to its value, condition and character immediately prior to such damage or destruction. Pending the completion of such Restoration, Tenant shall perform all temporary work and take all such actions as may be necessary or desirable to protect and preserve the Demised Premises. SECTION 8.02 Property Insurance Tenant shall have property insurance in place through its regular policies of insurance of at least$100,000.00(one hundred thousand dollars). ARTICLE IX-ABSENCE OF REPRESENTATIONS SECTION 9.01 -No Representations of Owner Neither Owner or Owner's agents have made any representations or promises with respect to the physical condition of the buildings adjacent to the demised premises,the land upon which they are erected or the demised premises, the rents, leases, expenses of operation or any 7 other matter or things affecting or related to the demised premises except as herein expressly set forth and no rights, easements, or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provision of this lease. Tenant has inspected the building and the demised premises and is thoroughly acquainted with their condition, and agrees to undertake construction with all adjacent property/buildings "As Is," and be solely responsible for any damage to any of the existing structures and/or appurtenances thereat. All understandings and agreements heretofore made, together with the specifications as contained in Plan annexed as Exhibit"A" and incorporated by reference herein, between the parties hereto are merged in this contract, which alone fully and completely expresses the agreement between the Owner and the Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or affect an abandonment of it in whole, or in part, unless such executory agreement is in writing and signed by the parties hereto. ARTICLE X-REAL ESTATE TAXES SECTION 10.01 -Definition The term "real estate taxes" and "property taxes" shall mean all taxes and assessments levied, assessed or imposed at any and at the present time by any governmental authority in connection with the ownership of the demised premises. SECTION 10.02-Real Estate Tax It is understood and agreed that Owner shall pay directly one hundred (100%) percent of any and all taxes, including, but not limited to, real estate/school/town/village/fire district/water/sewer taxes paid and applicable with respect to the demised premises as unimproved property. If the assessed value of any or all of the tax parcels affected by this lease increases over the assessed value of the parcels as of the 2002/2003 tax year any increase in taxes on any or all of the parcels due to the portion of that increased assessed valuation which is directly attributable to the improvements made by the Tenant under this lease shall be paid by the Tenant. As to Suffolk County Tax Map Number 1000-102-5-9.6 all parties agree that the current actual tax due and owing for the tax year 2002/2003 is $970.41. All parties agree that for the term of the lease the Owner of SCTM# 1000-102-5-9.6 shall not pay more than$970.41 in taxes on this parcel. If, over the term of the lease, the actual tax due and owing increases over $970.41 the Town shall pay (within 30 days of receiving notice from the owner that the tax due and owing was paid)the owner the difference of the actual tax due and$970.41. 8 SECTION 10.03 - Continuing Condition of Real Estate Tax Cap Notwithstanding any expiration or termination of this lease prior to the lease expiration date (except in the case of cancellation by mutual agreement) Owner's obligation to pay any and all taxes hereinbefore noted under this lease shall continue and shall cover all periods up to the lease expiration date. The Town agrees that for SCTM# 1000-102-5-9.6 even if the Town terminates the lease the Town shall pay to the Owner (within 30 days of receiving notice from the owner that the tax due and owing was paid) the difference between the actual tax due and owing for any given tax year and the actual tax due and owing as of tax year 2002/2003 ($970.41) for all of the years originally included in this lease. ARTICLE XI-RENT The Tenant shall pay to the Owner, his heirs, assigns and successors, rent at the rate of ONE ($1.00) DOLLAR per year, payable on the anniversary date of the execution of lease. ARTICLE XII-TERM The term of said Lease shall be TWENTY (20) years, all dates calculated from the date of a fully executed lease. ARTICLE XIII-NOTICE SECTION 13.01 -Requirements Any notice by either part to the other shall be in writing and shall deemed to be duly given only if mailed by certified mail in a post-paid envelope, return receipt requested, addressed: (a) If to Tenant, at the TOWN HALL OF THE TOWN OF SOUTHOLD; (b) If to Owner, at the address set forth herein, or at any other address as Owner may deem from time to time designate by notice given to Tenant. ARTICLE XIV-NO ASSIGNMENT SECTION 14.01 -No Right of Assignment by Tenant Tenant shall not be permitted to assign, sublet or transfer any of the rights, duties and obligation hereunder and this lease may not be assigned without the prior written consent of the Owner. 9 ARTICLE XV-DEFAULT SECTION 15.01 - Defaults and remedies If(1) Tenant defaults in fulfilling any of the covenant or agreements or any rules or regulations of this Lease on its part to be kept or performed and such default is not made good within ten (10) days after written notice from Landlord or its agent, or within such additional time as Tenant may be prevented from making good the default as is caused by delays attributable to strikes, labor troubles, acts of God, governmental prohibitions and similar causes beyond Tenant's control, or (2) If this Lease is transferred to or devolve upon any person or corporation other than Tenant, except as may be specifically permitted by this Lease, or if this Lease is mortgaged or assigned without the written consent of the Landlord, then and in any of such events mentioned in this subparagraph "A" the term thereof, shall thereupon ipso facto expire and come to an end as if such expiration was so fixed by the terms of this Lease on tenth (10th) day of such default as mentioned in (1) above and Landlord may re-enter upon the demised premises either with or without process of law and remove all persons and property therefrom and Tenant shall quit and surrender the same to Landlord and Tenant shall remain liable as hereinafter provided. In the event Tenant shall fail, neglect or refuse to quit and surrender the demised premises upon receipt of notice from Landlord declaring the term hereof at an end, then Landlord may commence a summary proceeding to remove Tenant from the premises as a holdover. If the default is of such a nature that it cannot be cured within ten(10) days, if Tenant commences to cure such default within ten (10) days and proceeds diligently to remedy such default,the Landlord shall not have the right to terminate this Lease. If the term of this Lease shall expire as hereinabove provided, Landlord may re- enter the demised premises and remove Tenant or its legal representatives or other occupant and/ or property by summary proceedings or otherwise and Tenant hereby waives the service of notice of intention or to institute legal proceedings to that end. In case of any re-entry, expiration and/or dispossess by summary proceedings or otherwise, the Tenant shall be liable for any and all expenses as Landlord may incur for legal expenses, attorneys fees and/or putting the demised premises in good order. The words "re-enter" or "re-entry" as used in this Lease shall not be restricted to their technical legal meaning. In the event that the Tenant is successful in any proceeding brought pursuant to the provisions hereof, it shall be entitled to its reasonable legal fees. In the event of a breach or threatened breach by Tenants of any of the covenants or provisions of this Lease, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy, in law or in equity. Tenants hereby expressly waive any and all rights of redemption granted by order or any present or future laws in the event of Tenants being evicted or dispossessed, or in the event of Landlord obtaining possession of the demised premises by reason of Tenant's violation of the provisions of this Lease. If Tenants shall default in the performance of any provision, covenant or condition on its part to be performed under this Lease, Landlord may, at its option, perform the same for the account and at the expense of Tenants. If Landlord at any time shall be compelled 10 to pay or elected to pay any sum of money by reason of the failure of the Tenant to comply with any provision of this Lease, or if Landlord incurs any expense, including reasonable attorney's fees in prosecuting or defending any action or proceeding by reason of any default of Tenant under this Lease, the sums so paid by Landlord with legal interest, costs, and damages shall be due from and be paid by Tenant to Landlord on demand. Likewise, if Landlord shall interfere with the lawful use of the demised premises, or otherwise default in the performance of any provision, covenant or condition on its part to be performed under this Lease, Tenant may, at its option,perform same for the account and at the expense of Landlord. If Tenant at any time shall be compelled to pay or elect to pay any sum of money by reason of the failure of the Landlord to comply with any provision of this Lease, or if Tenant incurs any expense, including reasonable attorney's fees in prosecuting or defending any action or proceeding by reason of any default of Landlord under this Lease, the sums so paid by Tenant with legal interest, costs, and damages shall be due from and be paid by Landlord to Tenant on demand. In any case where Landlord brings any action or summary proceeding for any default of the Tenants hereunder, Landlord shall be entitled to reasonable attorney's fees; plus filing fees, sheriffs fees, if any, for any action or proceeding. Likewise, in any case where Tenant brings any action or summary proceeding for any default of the Landlord hereunder, Tenant shall be entitled to reasonable attorney's fees; plus filing fees, sheriffs fees, if any, for any action or proceeding. Parties each waive trial by jury in any summary proceeding. W WETNESS WHEREOF, the parties have signed this twelve (12) page agreement the day and year first above written. Landlords: ou" /it-, Dr.AM&I Te Jr. MariVFerp AL _ Tenant: THE TOWN OF SOUTHOLD By: /os-hf<aY.Horton, Supervisor 11 STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) On the day of 4Iay, 2003, before me the undersigned, a Notary Public in and for said State, personally appeared ALFRED J. TERP, 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 as having Power of Attorney for DR. ALFRED J. TERP, JR. and MARIE TERP, and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. ,dfAA[E E.S AYAl „may per,stag 01 Now y No.4 No Public razis*a 3� q a-7 STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) On the I g- day of May, 2003, before me the undersigned, a Notary Public in and for said State, personally appeared JOSHUA Y. HORTON, 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 as Supervisor of the Town of Southold, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. k�&&�'", Notary Public MELANIE DOROSICI NOTARY PUBLIC State of Newlbik No.01 DR634870 Qualified in Suffolk County Commission Expires September 30.1M—.6 12 --n - AFMAV THAT POWER OF ATTORNEY IS IN FULL FORCE (Ogn before a notary public) STATS OF-NEW YORK COUNTY OF ss AL~FRTD' �7. TIMP, sR... boing duly sworn,deposes and says: 1. The Principal within did,is writing;appoint me as the BriacWs,true and lauvfulATTOR {S}sIlN;FACT in thavithin Power of At orney. 2. I'have'no-aatt►aa kno*le'dge cVjctW no&e'of revocation or termfmation of the`Power ol; otherwisb; d'r lcdawledgo of ang!t�ac#s in iceting the same. •I finWer represemt that th®Pr ip�l'se s1u q-Ja-slog revoked or repudiated t ne. 'purer df At ertiey aqd the.dower of AttoKnty still k full f0m @4"c!.,,, 3. Y make this'afiidauit for the purpose of inducing to ac delivery of the full®wing nstlptnent{ ,ap executed by me i�my cag�aaitgr as tlte.A,T1 1rNEY{S�=1N- FAtT,with full knwledge that this afdavit.wlll be rolled upon in accepting the execution and delivery of the Inse6ent(s}and in paying good and valuablo consideration ii i Sworn to before me on _•..._ _. Publisher's Note: The publisher maintains property rights in the layout,"hia deign and typestyle of this formas well as in the company's trademwr d logo and name. Photocopying of blankprinted copies of ibis form without the rp blis6 rap'""ion is Pro fter��, Atflt•u ¢ttthffl i d use may constitute a violation of law or of professional ethic rules. •I ,. ' b 'c -''+.+,•2,f� :' ,°�.r'Ir t` rt• � t 'fr?'i g1?i 7:yr 1'T; 7;,f� ;rS ' .. .i::••a' .... •. : Ii' .'i it?t..., If:y?..� •,!• .:F::• r ;�:, •}•� r?„�r+,:ta": ... •y...3.. :r + , .�; .i , ,i •a ..:.rice a,; r: °1 .a'e: ,:fl k6 .> 2. " --*. DU1tAB1.B� — - Power `o Attorney Statutory Short Forn, TO' I , • , , y c' i 'D6tEil,. . I.;- �„ , _ .s'r. ,- .r,. - • a l. S1-3u�toey$ontbtmoreme+,tt*oaaoiAaa�ty IttpWm9ro4la w.bb sMrer&cW+a wIb�dreRof�ttottloey,CiQL�S•1N1[t 12 pt:typ6 t X02 �.�=��•� DURABLE GENERAL POWER OF ATTORNEY NjW YORK STAMORY SHORT FORM THE POWERS YOU GRANT BELOW CONTINUE TO BE EFFECTIVE ,SHOULD YOUBEC'OME•DISABLE•D OR INCOMPBTENT Caution:This is 0a important documext. It gives the person whom you designate(your"Agent") broad powers to hbadle your property during your lifetime,which may include powers to mortgage,sell, or otherwise dispose of say real or personal.property without advance n atke to you or appteval by you. These powers will contfeae 44 exist even after you become disabled or Incompetent. These powers are explained o*a*in New York General Obligations Law,Article 5,Title 15,Sections 5-1502A through 54SQ3,whi v%pnosly permit the use of any other or differo t.form of power of attorney. This document does not authorize anyone to make medical or other health care decisions. You may execute a ben k care proxy to do this: If there is anything about this form that you'da not understand,you should ask a lawyer to explain It "to'you. This is intended to constitute a DURABLE GENERAL POWER OF ATTORNEY pursuant to Article 5, Title 1.5 of the New Yor�(3"WSWOUs Law: ,;, � • . , +,' Al ed�•4Z1� m�,t �7K a,to�77E",sr a .I'�4'rj0 i Topp -:�1, �. •��ac�7l=,L'a� r Ii b •G ane, ai'thers'burg, '%D '2,0878,•both, jointly and severally ' do hereby appoint: (Insert your name and address) Alfred J. Tox?p,=' Sr-..j+1 -85r:Sobart Road, Southold, NY 11971 (7f wabe app6inted agm insert the name and,addrM of y©e agent dboi 4 (If 2 or.tnore.p sire tq,;be gAwinted agents by you Insets t�&n9M.M4 d'addressiq abp MY ammey(s)•in-fact TO ACT 'n°rcrtt .r T sed,Gi OSE ONE-of the foll®n tt,►I'o�tp ! P g 'lititials.ir� ONiof tie blank spaces to tdae left of your choice:) { j Eadh:4 4nt.i [ ) All agents; $ sxopwalm•- (If neither blank'splaae is'initkal4'the agents will& .required to apt TO-qE=10 IN MY NAME,PLACE AND STEAD in any way which I myself could do,if I were personally present, with respect tp the following matters as each of them is defined in Title 15 of Article 5 of the New York ( IleTc��` ti0118Iy&S1/•IO P,�4t8IItt�3at fl 1�X•.Tw'tQ2" •8 Flt: ' ,i.. i , .t� � .. YtiE:i', ;r'>;..�• .+s +•'r i.:;fir " ., .i. + ... .. + 4 ZX :r; it'.d ",i. .�Q' tl :••:.', :f 1, .if i n i .' ' o � ' This Durable Power of Attorney shall not be affected by my subsegimt disability or incompetence. If every agent named above is unable or unwilling to serve,l appoint(ir3Jert name and address of successor} to be my agent for all purposes hereunder. ,.. ,, . To•induce.•nny_tbird• . to•air+chador:.1,bereby.agree.tl#at•snythh*partiir:V�a-day-CUOu _. -- . copy or facsimile of tstrament may act hereunder,and tloat revocation or termination hereof shall be ineffective as to such third party unless and until actual notice or knowledge of such revocation or termination shall have been received by such third party, and I for myself and for my heirs,executors, legal representatives and assigns,hereby agree to indemnify and hold harmless any such third party from and pgainst guy #,p .r#:+fi .t�lal> i y..y a ag t such third party by reason of spit third parry baking rp4�on,tot~pr9?S►B Qa qi'tl This Durable General Power of Attorney may be revoked by me at any time. In Witness Whereof,I have hereunto signed my name S'-&Y of I WC 7�c :. . A-f _ (YOU SIGN HERE:)""°' C (Sign"r a of ncipal) ACKNOYYLE WNT 9N NEW Yet STATE(RPf.MO ACallotlVt.EDGMW dUTME NEW YORK$TATE(RPL$OM)- sate of�►Tswi�r=� t I. as,t• , ststte.p[ "" � ea.: Couvty of �"'*J �1 Coag®t' on -1Z-` te_ 3'J--before,me.tlt�}mdet�igtaeci, -- peasoneliy pearl-�l ,raed►+ 1�rsariatlys�Mfred Jerome.:-erp., Marie Torp c •."• :_._.,.=,�ti ^ pmondly known to me or proved to ane on the basis of ostia- personally known to me or proved ur,itrA the beats o€,skis, factory evldeAce.tp be,tlte=ind(vIctNal(a}whoo ma®e(s)ie(ere) factory midenes to be 9ie individual wlic ee name(s fs(ire subscribed to the ytdit instrument and ag1mowje*d to me, subscribed,to the withip instrumenfoad aclpaQ�xlodSed utane that hefoWtBey e:t bLvA'tlio 4466 in Uisfoer/thair cgacky(tes), thfat h lsbelthey executed the sane K ic•�zes) and that by'hislla� tli'ei tiite�s)`on'ilio lnstnimefit,the and t6st'by hialherlt6ir sionai=41 0131fie strc sept ytl�d: Individual(s) ot't " ' 'rsoat`irion beha a h the indiQnal(s), or the person upon-be$�fvf wtfreW indW*al(s) d individual(s)aaotod,executed the inst�in 6f, and that-sitch _;• ., ipdhidud,made•sucla appmmcq Wamtho aa0mign4d'iaa (a n vl iawlpdSww) {insert city or political rrtbdf iislox and state or eo"Wy or other place - -.. _ acbtowledgment raker) OF �' ft4Wara and office of indlWdual taking admwtedsa-OINA— �r r } ..• y $�A t r'.Ery F z. i71 .'i :'• ! l�`1� i,:C ! r `4,gaq t e.,. M01WROW STATE MARMNO JfArLMMhdQn euros Mny 25,2005 (DIRECTIONS: initial in the blank space to the left of your choice any one or more of the following lettered s siinf as to which you WANT to give your agent authority. If the blank space to the left of any panic dr'lettered subdivision Is NOT initialed,NO AUTHORITY WILL RE GRANTED for matters that are included in that subdivision. Alternatively,the letter eor_r nding to each power you wish to grant may be written or typed on the blank line in subdivision "( ".amd you may then ut your Initials In the blank space-to the lett of.the ssrbdly gn ITZ111n prder,ta grant each of the powers so ifsdicaed:) +' , • .. M*[ ]' {A)-real estate tmuctions;' L ]' (bgl Ing-gifts to my spouse,children { ] (E)•ahaltelpd gopds•tcasssactions; and more remote descendants,and parents,not to exceed in the (C) shamnso and.commodity ;, aggregate$10,OQ0 to each of such persons in any year, r L t] ( business operating transactions; L ] (0) all other matters; L } -(F) Q ?&;.•. }, .(')• ..f tand ungtWified a4thority to my L ] (a) estate transactions; attorney(s)-in-fact to delegate any or all of the foregoing powers to any [ ] (H) claims and litigations; person or persons whom my (1) personal relationships and affairs; attorney(*in fact shall solea: L (J)', benefits fstrrssilitasyt�s'witei 1 Lt �] Q�j`. h ofthe'above mfrs identified ] (K) records,repoft and statements; by the following letters: reredremantbezwfitq transactions, (SpLIOMI prQutsiant•and liTitactibmsrrtay be'inOuded in thle staAgory,shartform durable power of attorney only ifthey cog fbrm to the requirements of seOioq 5-1503 of the New York General Obligations Law.) t.,. ,.s I.. ,r !F .•a is ;;if{ }: 't I Ja' .!M'; ::. :f.'31e`111 VV ^C7-" ';ssrtdi v fiv, tfit{t{)Wil.,.. - 1; :9:•�:'if;a�•t:: ,r• .i fa+:f 1?'% .i;r. 'I '1:0{ !.: , .lijP'•1.3 i.st«I.R' . . . t '!: .. �•..:! ! ..�;_ + .. � •s ,,. ;,r ,;` ;.' h•jsi •, r,• �,rt•. . .Fps ,.! �ar.r(�•rtt o•. , .1 j•. rf I „at e. .. �:,1., - ! :!•- '.e! 'faS{Pt 11�'a : ta,.l:r:, !� •.t:��,:•, ,r: d:��;•{,.:, r:'rlr? } ... . .,. r ,'S ..,• �.1.,. ,. ,I ., �° i ,. 1 .�<.9••'•rtiat i1Fd vGi'r .,p Asa Hili J .i:tk•s'.. '1:1j.. !ul P •• r` ''i.:ya,h• ..t is r,s.�. 5''t. tl. i r T, r�tS9"a, t.;srsl ;llaf!. •,�li,',j.- Wt' bi:{r• bra i.i t�f'.t •.;ort ;t. ,I.+'•i,, t , _ 'l , r. i s "?:i:r. r{ U �; ' i MOM Exhibit "A" TRE Dr PLANCONTIINEO CONTRACTOR SMALL 09 REEPOFROM p.ED pEECRIPT10M6 THE CONTMCTOR eNALL BE REDPON91Bt! FOR ALLD T. q1.n to YINO Tb VERIFYGMDFB ANO PROPFAfT LINES. I ' b Omvin9bmtRSotYryl � • PCOIk70N1t2CSJi • satyrtt MPM I ARTS q � T UNI ^ LL P4 tri .�F. W ® AS O S EI C�FFfNG g a .Q � Mrl Y � / s H ■— FU4 �;, °c ami d� O W � I °� z z a g 8 � N 6O 8 i sm D °amu T g "� Proposed Parking Plan Drawing: GRIFFING STREET - CUTCHOGUE VILLAGE spml Seale: I"=70' Sheet# 7 of 1 30 47 b"-`.. — -------- 6000 --- ------- J 14.4 tV -Ids 4-6 57 So Zo �'Q tJ 5'7'54:ZO"W 14-78 3.3 0 0I ,1 101 ,